{ NOT AN OFFICIAL TRANSCRIPT OF THE SENATE PROCEEDINGS.}
CHOSEN. AND SO WE'LL WORK TOGETHER WITH CHAIRMAN HATCH AND
SENATOR GRASSLEY, SENATOR TORRICELLI AND THE HOUSE CONFEREES
AND THE CLINTON ADMINISTRATION ON A CONFERENCE REPORT THAT I
THINK WILL BE WELL WORTHWHILE. I WOULD HOPE WE WOULD NOT MAKE
THE MISTAKE OF THE PAST YEAR WHERE WE CAME OUT OF CONFERENCE
WITH SOMETHING THAT JUST NEVER WENT ANYWHERE. WE'VE
DEMONSTRATED IN THE SENATE NOW TWICE IN LOPSIDED VOTES THAT WE
COULD PASS A BANKRUPTCY ACT. NOW I HOPE THAT WE'LL COME OUT OF
{14:00:36} (MR. LEAHY) { NOT AN OFFICIAL TRANSCRIPT }
THE CONFERENCE WITH SOMETHING THAT WE CAN PASS. AND LASTLY, I
KNOW A NUMBER OF STAFF MEMBERS, ALL OF WHOM DESERVE PRAISE,
HAVE BEEN MENTIONED ON THIS FLOOR. BUT AS I'VE OFTEN SAID,
SENATORS ARE USUALLY ONLY CONSTITUTIONAL NECESSITIES TO THE
STAFF, WHO REALLY DO THE WORK AROUND HERE. IN THAT REGARD,
BRUCE COHEN AND NED PEGANO OF THE SENATE JUDICIARY COMMITTEE
STAFF HAVE WORKED LONG HOURS, MANY WEEKEND WEEKENDS, LATE
NIGHTS TO GET US THIS FAR AND THEY DESERVE A GREAT DEAL OF THE
{14:01:09} (MR. LEAHY) { NOT AN OFFICIAL TRANSCRIPT }
CREDIT. AND I SEE MY GOOD FRIEND FROM NEW JERSEY, THE RANKING
MEMBER OF THE SUBCOMMITTEE ON BANKRUPTCY, WHO TOLD US IT WOULD
BE POSSIBLE TO GET A BILL THROUGH HERE BACK WHEN MANY THOUGHT
IT WOULDN'T BE POSSIBLE. HE WAS RIGHT. HE WORKED VERY HARD AND
HE DESERVES A GREAT DEAL OF CREDIT. AND I YIELD THE FLOOR TO
HIM.
{14:01:33 NSP} (MR. TORRICELLI) { NOT AN OFFICIAL TRANSCRIPT }
MR. TORRICELLI: I THANK SENATOR LEAHY FOR VERY FINE COMMENTS
AND HIS LEADERSHIP ON THIS LEGISLATION IN BRINGING IT TO THE
FLOOR, AND OF COURSE SENATOR GRASSLEY AS WELL, WHO BEGAN THIS
EFFORT SO LONG AGO AND WHO WORKED SO VERY HARD. SO MANY
SENATORS HAVE PLAYED AN IMPORTANT ROLE THAT I THINK IT BEARS
SOME ANALYSIS OF HOW WE CAME TO THIS POINT. AND SOME PROVISIONS
OF THE BILL THAT SHOULD BE MENTION BRD WE GO TO CONFERENCE IN
ORDER TO SET OUR AGENDAS CLEAR. I KNOW THAT THERE ARE THOSE WHO
{14:02:05} (MR. TORRICELLI) { NOT AN OFFICIAL TRANSCRIPT }
FROM THE OUTSET WHO DOUBTED WHETHER, INDEED, A REAL REFORM OF
BANKRUPTCY LAWS COULD BE ACHIEVED IN THIS CONGRESS. AND THERE
WAS SOME REASON TO BE SKEPTICAL BECAUSE THERE WERE SOME
CONFLICTING PROVISIONS. AND SOME OF US HAD SOME VERY REAL NEEDS
THAT HAD TO BE MET BEFORE THE BEGINNING LEGISLATION COULD EVER
BE ENACTED. IN MY MIND --
{14:02:28 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }
THE PRESIDING OFFICER: IF THE SENATOR WOULD SUSPEND. THERE IS A
PREVIOUS ORDER AND IT WILL TAKE UNANIMOUS CONSENT TO DEPART
FROM THAT ORDER.
{14:02:36 NSP} (MR. TORRICELLI) { NOT AN OFFICIAL TRANSCRIPT }
MR. TORRICELLI: I WOULD ASK UNANIMOUS CONSENT TO BE POSTPONED
FOR TEN MINUTES.
{14:02:37 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }
THE PRESIDING OFFICER: IS THERE OBJECTION?
WITHOUT OBJECTION.
{14:02:45 NSP} (MR. TORRICELLI) { NOT AN OFFICIAL TRANSCRIPT }
MR. TORRICELLI: MOST IMPORTANT OF THESE OBJECTIVES IN MY MIND
WAS DEALING WITH THE NEED FOR SOME SECURABLE CREDIT PROTECTION.
BECAUSE, INDEED, WHILE THERE MAY BE ABUSES IN BANKRUPTCY BY
DEBTORS TO BE CERTAIN, THERE ARE CLEARLY PROBLEMS IN THE CREDIT
INDUSTRY. I BELIEVE SEVERAL IMPORTANT AMENDMENTS HAVE ACHIEVED
THIS GOAL. MOST IMPORTANTLY IN MY MIND WAS THE ADOPTION OF THE
GRASSLEY-TORRICELLI DISCLOSURE AMENDMENT AND OTHER IMPORTANT
ADDITIONS WITH AMENDMENTS BY SENATOR SHUMEER AND SENATOR
{14:03:17} (MR. TORRICELLI) { NOT AN OFFICIAL TRANSCRIPT }
SARBANES THAT HAVE PROVIDED TOGETHER REAL CONSUMER PROTECTION
IN THIS LEGISLATION. ALL THREE AMENDMENTS ARE BASED ON THE
BELIEF THAT IF CONSUMERS HAVE KNOWLEDGE, THEY WILL MAKE
RATIONAL CHOICES. SIMPLY PROVIDING INFORMATION WILL AVOID MANY
CREDIT PROBLEMS THAT THE AMERICAN PEOPLE ARE CURRENTLY
SUFFERING. THESE HAVE INCLUDED IF YOU LOOK AT THE
TORRICELLI-GRASSLEY-SCHUMER AND SARBANES AMENDMENT, A
{14:03:51} (MR. TORRICELLI) { NOT AN OFFICIAL TRANSCRIPT }
COMBINATION OF DISCLOSING PROMINENTLY ON CREDIT DOCUMENTS THE
EFFECTS OF ONLY MAKING MINIMUM PAYMENTS ON YOUR ACCOUNT EVERY
MONTH. SECOND, WHEN LATE FEES WILL BE IMPOSED. THIRD, THE DATE
ON WHICH INTRODUCTORY ORTIZR RATES WILL EXPIRE AND -- OR TEASER
RATES WILL EXPIRE AND WHAT THE PERMANENT RATE WILL BE UPON THAT
EXPIRATION. ADDITIONALLY, THE GRASSLEY-TORRICELLI AMENDMENT
INCLUDES A PROVISION AUTHORED BY SENATOR JACK REED PROHIBITING
THE CANCELING OF AN ACCOUNT BECAUSE THE CONSUMER PAYS THE
{14:04:25} (MR. TORRICELLI) { NOT AN OFFICIAL TRANSCRIPT }
BALANCE IN FULL EVERY MONTH. WHAT WAS A RISING PROBLEM WHERE
PEOPLE WITH GOOD CREDIT AND GOOD BILL-PAYING HABITS WERE BEING
PENALIZED UNNECESSARILY. THAT IS NOW IN THE BILL. NOW, FOR ALL
THESE GOOD ADDITIONS THAT HAVE MADE THIS BETTER LEGISLATION,
THERE ARE SOME PROBLEMS WHICH I HOPE AND I TRUST CAN BE
RESOLVED IN CONFERENCE SO THAT THIS CAN GENUINELY BE BIPARTISAN
LEGISLATION, BROADLY ACCEPTED AND SIGNED BY THE PRESIDENT. THE
{14:05:00} (MR. TORRICELLI) { NOT AN OFFICIAL TRANSCRIPT }
PRINCIPAL OBSTACLE BETWEEN WHAT WE WANT TO ACHIEVE AND THAT
REALITY IS OBVIOUSLY THE MINIMUM WAGE PROVISIONS IN THIS
LEGISLATION. 12 MILLION AMERICANS CONTINUE TO EARN THE MINIMUM
WAGE. AND ALTHOUGH THEY WORK ALL DAY EVERY DAY THROUGHOUT THE
YEAR ARE IN A DAILY STRUGGLE TO SIMPLY SURVIVE. A MOTHER OF TWO
{14:05:35} (MR. TORRICELLI) { NOT AN OFFICIAL TRANSCRIPT }
WORKING AT THE MINIMUM WAGE EARNS ONLY $10,71 PER YEAR. 20%
BELOW THE POVERTY LINE. A WAGE AT WHICH IT IS IMPOSSIBLE TO
PROVIDE HOUSING AND FOOD AND CLOTHING FOR A CHILD, NO LESS TWO
CHILD. OR EVEN A PERSON, NO LESS A FAMILY. IT IS NOT A MINIMUM
WAGE, IT IS A POVERTY WAGE. IN THE LAST 15 YEARS, INFLATION
ROSE BY 86%. BUT THE MINIMUM WAGE ROSE BY ONLY 37%. THE FACT
{14:06:10} (MR. TORRICELLI) { NOT AN OFFICIAL TRANSCRIPT }
REMAINS THAT THE UNITED STATES TODAY IS ALLOWING A STANDARD OF
LIVING BY WORKING PEOPLE BELOW WHAT THOSE WHO STOOD IN THIS
INSTITUTION ONLY 15, 20 AND 25 YEARS AGO WERE PERMITTING BY
LAW. WE ARE ALLOWING THE ESTABLISHMENT OF A NEW PERMANENT
UNDERCLASS IN AMERICA OF WORKING PEOPLE DOOMED TO POVERTY AND
CHILDREN WHO DO NOT HAVE A CHANCE OF BREAKING OUT OF THESE
CIRCUMSTANCES, WHO ARE LIKELY TO ENTER LIFE MALNOURISHED,
{14:06:44} (MR. TORRICELLI) { NOT AN OFFICIAL TRANSCRIPT }
POORLY CLOTHED, INADEQUATELY HOUSED, KNOWING ONLY POVERTY. WE
NEED TO REACH THE SAME JUDGMENT THAT OUR GRANDPARENTS AND OUR
PARENTS HAVE REACHED FOR 70 YEARS -- A WORKING, FAIR MINIMUM
WAGE. WITH THE PROPOSED NEW MINIMUM WAGE, A FULL-TIME WORKER
WILL HAVE AN ANNUAL INCOME OF $12,700, AN INCREASE OF $2,000 A
YEAR. THE PROBLEM WITH OUR BILL IS THAT THIS CHANGE IS BROUGHT
OVER THE COURSE OF THREE YEARS RATHER THAN TWO YEARS, AS MANY
{14:07:17} (MR. TORRICELLI) { NOT AN OFFICIAL TRANSCRIPT }
OF US HAVE PROPOSED. IF IT'S THE RIGHT THING TO DO, UPON WHICH
MOST SENATORS SEEM TO AGREE, IT IS THE RIGHT THING TO DO NOW,
LEAVING MILLIONS OF AMERICAN CHILDREN IN POVERTY FOR THIS EXTRA
TIME MAKES NO SENSE AND IT IS INDEFENSIBLE. INDEED, IT DENIES
$1,200 TO FAMILIES DURING THE EXTRA TIME WHO ARE TRYING TO
STRUGGLE THEIR WAY OUT OF POVERTY. I CAN THINK OF NO BETTER
ADDITION TO LEGISLATION DEALING WITH DEBTS AND THE STRUGGLING
{14:07:51} (MR. TORRICELLI) { NOT AN OFFICIAL TRANSCRIPT }
REALITIES OF AMERICAN ECONOMIC LIFE IN THIS REFORM OF
BANKRUPTCY LEGISLATION THAT THAN INCLUDING A REAL MINIMUM WAGE.
IT IS OBVIOUSLY MY HOPE THAT WHEN THE BILL RETURNS FROM
CONFERENCE, WE WILL RETURN TO A TWO-YEAR INCREASE IN MINIMUM
WAGE RATHER THAN THE THREE-YEAR PROVISIONS IN THIS LEGISLATION.
THE SECOND AREA OF CONCERN FOR ALL THAT WE HAVE ACHIEVED IN
THIS LEGISLATION IS THE CREATION OF A NEW SCHOOL VOUCHER
PROGRAM WHICH WAS CONTAINED IN A REPUBLICAN ANTIDRUG AMENDMENT.
I WANT TO MAKE CLEAR THAT I VOTED AGAINST THIS AMENDMENT LAST
{14:08:26} (MR. TORRICELLI) { NOT AN OFFICIAL TRANSCRIPT }
FALL. I DID SO NOT BECAUSE OF OBJECTIONS TO THE UNDERLYING
AMPHETAMINE PROVISIONS IN THE LEGISLATION, WHICH I VOTED FOR IN
JUDICIARY COMMITTEE, BUT TO THE VOUCHER PROGRAM. WHEN WE
CONSIDERED SOMETHING SIMILAR IN THE JUDICIARY COMMITTEE, IT DID
NOT HAVE THIS VOUCHER PROVISION. IT ACTUALLY WAS DEALING WITH
NARCOTICS PROBLEMS WITH SCHOOLS AND YOUNGER PEOPLE, AND IT WAS
A GOOD PROVISION. IT HAS NOW BEEN CHANGED ON THE FLOOR TO
INCLUDE THIS VOUCHER PROGRAM. IT IS A SIMPLE DIVERSION OF
{14:09:00} (MR. TORRICELLI) { NOT AN OFFICIAL TRANSCRIPT }
DESPERATELY-NEEDED PUBLIC MONEYS IN THE PUBLIC SCHOOLS, WHICH
CAN ONLY MAKE THE PROBLEM WORSE. MONEY THAT WOULD GO TO
CHILDREN AT RISK TO DEAL WITH MANY PROBLEMS, INCLUDING NARCOTIC
PROBLEMS, WOULD NOW BE REMOVED FROM THE SCHOOLS. THIS PROVISION
DOES NOT MAKE SENSE AND IT SHOULD BE REMOVED. I BELIEVE, MR.
PRESIDENT, THAT IF THESE OBJECTIONS ARE DEALT WITH, WE CAN
RETURN TO THIS FLOOR WITH A CONFERENCE COMMITTEE REPORT OF
WHICH WE CAN ALL BE PROUD. FOR ALL THE DIVISIONS THAT WE MIGHT
{14:09:33} (MR. TORRICELLI) { NOT AN OFFICIAL TRANSCRIPT }
HAVE FACED WHEN THIS LEGISLATION BEGAN, I THINK WE ALL NOW
UNDERSTAND THERE IS A PROBLEM WITH BANKRUPTCY ABUSE IN THE
UNITED STATES. IN 1998, 1.4 MILLION AMERICANS SOUGHT BANKRUPTCY
PROTECTION. SOMETHING IS WRONG. THERE EITHER ARE NOT ADEQUATE
CREDIT PROTECTIONS TO ENSURE THAT PEOPLE UNDERSTAND THE
CIRCUMSTANCES WHEN THEY BORROW MONEY, OR THE LAW DOES NOT
PROPERLY DEAL WITH THEIR FILINGS FOR BANKRUPTCY OR BOTH AND
{14:10:07} (MR. TORRICELLI) { NOT AN OFFICIAL TRANSCRIPT }
OTHER FACTORS. IN MY JUDGMENT, IT IS ALL OF THESE THINGS.
CURRENTLY, 70% OF BANKRUPTCY PETITIONS ARE FILED IN CHAPTER 7,
WHICH PROVIDES RELIEF FROM MOST UNSECURED DEBT. JUST 30% OF
PETITIONS WERE FILED UNDER CHAPTER 13, WHICH REQUIRES A
REPAYMENT OF DEBT. MORE THAN ANYTHING ELSE, IN ADDITION TO THE
CONSUMER PROTECTION, WE WILL ASSURE THAT PEOPLE WHO CAN PAY
BACK PART OF THESE DEBTS WILL DO SO SO. THAT IS NOT SIMPLY A
BENEFIT TO THE FINANCIAL INDUSTRIES. IT IS ALSO A BENEFIT TO
{14:10:39} (MR. TORRICELLI) { NOT AN OFFICIAL TRANSCRIPT }
EVERY MOM-AND-POP STORE, EVERY SMALL BUSINESS IN AMERICA THAT
IS BEING ABUSED BY THESE UN UNNECESSARY FILINGS FOR BANKRUPTCY.
INDEED, IT IS ESTIMATED BY THE DEPARTMENT OF JUSTICE THAT
182,000 PEOPLE EVERY YEAR CAN AFFORD TO PAY BACK SOME OF THE
DEBTS THAT THEY ARE NOW ESCAPING BY INAPPROPRIATE FILINGS. THIS
MEANS $4 BILLION TO CREDITORS. FINANCIAL INSTITUTIONS, TO BE
SURE, BUT ALSO MANY SMALL BUSINESSES THAT CANNOT AFFORD LOSING
THESE FUNDS. MR. PRESIDENT, I CONCLUDE ONCE AGAIN BY THANKING
{14:11:11} (MR. TORRICELLI) { NOT AN OFFICIAL TRANSCRIPT }
SENATOR GRASSLEY FOR HIS EXTRAORDINARY LEADERSHIP, SENATOR
LEAHY FOR HIS PATIENCE THROUGH THIS PROCESS, SENATOR HATCH, IN
CHAIRING OUR COMMITTEE AND BRINGINGS TO THIS POINT, AND THE
VERY GREAT CONTRIBUTIONS MADE BY SENATOR BIDEN, SENATOR REED,
SENATOR SCHUMER, SENATOR DURBIN, WHO, INDEED, WORKED ON THIS
LEGISLATION SO TIRELESSLY IN THE LAST CONGRESS. THIS IS GOOD
LEGISLATION. WE CAN BE PROUD OF IT. WITH MODEST ADJUSTMENTS, WE
CAN, INDEED, MAKE IT SOMETHING THAT BOTH PARTIES IN BOTH
{14:11:44} (MR. TORRICELLI) { NOT AN OFFICIAL TRANSCRIPT }
CHAMBERS CAN BRING TO THE PRESIDENT FOR HIS SIGNATURE. MR.
{14:11:48 NSP} (A SENATOR) { NOT AN OFFICIAL TRANSCRIPT }
PRESIDENT, I YIELD THE FLO FLOOR. A SENATOR: MR. PRESIDENT?
{14:11:51 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }
THE PRESIDING OFFICER: THE SENATOR FROM WASHINGTON.
{14:11:54 NSP} (MR. GORTON) { NOT AN OFFICIAL TRANSCRIPT }
MR. GORTON: MR. PRESIDENT, I DO UNDERSTAND THAT WE ARE ABOUT TO
GO INTO EXECUTIVE SESSION FOR THE CONSIDERATION OF THE
NOMINATION OF ALAN GREENSPAN. I WISH TO SPEAK ON ANOTHER
SUBJECT, SO I ASK UNANIMOUS CONSENT THAT I BE -- THAT THAT
ORDER BE SET ASIDE AND THAT I BE PERMITTED TO SPEAK FOR UP TO
TEN MINUTES AS IF IN MORNING BUSINESS.
{14:12:13 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }
THE PRESIDING OFFICER: WITHOUT OBJECTION.
{14:12:20 NSP} (MR. GORTON) { NOT AN OFFICIAL TRANSCRIPT }
MR. GORTON: MR. PRESIDENT, EARLIER THIS AFTERNOON THE
DISTINGUISHED SENATOR FROM VERMONT, MR. LEAHY, WELCOMED TO THE
CHAIR IN WHICH THE ACTING PRESIDENT NOW SITS THE VICE PRESIDENT
OF THE UNITED STATES IN HIS CAPACITY AS PRESIDENT OF THE
SENATE. IT WAS OUT OF ORDER FOR ME TO SPEAK AT THAT POINT, AND
I REGRET THE FACT THAT I WAS UNABLE TO DO SO BECAUSE MY MESSAGE
IS TO THE VICE PRESIDENT OF THE UNITED STATES STATES. LEAVING
THIS PLACE, HE IS NOW ON HIS WAY TO SEATTLE, IN MY HOME STATE,
{14:12:51} (MR. GORTON) { NOT AN OFFICIAL TRANSCRIPT }
IN PURSUANCE OF THE DEMOCRATIC NOMINATION FOR THE PRESIDENCY.
ON A NUMBER OF OCCASIONS DURING THE COURSE OF THE LAST YEAR,
WHEN THE VICE PRESIDENT HAS GRACED US WITH HIS PRESENCE
PRESENCE, I HAVE ASKED ON THIS FLOOR AND ELSEWHERE THAT HE
ADDRESS SOME OF THE CONTROVERSIAL AND BURNING ISSUES IN THE
PACIFIC NORTHWEST NORTHWEST, USUALLY WITHOUT GETTING A
PARTICULARLY SIGNIFICANT RESPONSE. I DON'T INTEND TO DO THAT
HERE TODAY, MR. PRESIDENT. I WELCOME THE VICE PRESIDENT TO
SEATTLE, AND I'M GOING TO ASK HIM FOR HIS HELP AND FOR A FAVOR
{14:13:30} (MR. GORTON) { NOT AN OFFICIAL TRANSCRIPT }
TO THE PEOPLE OF THAT CITY AND THE REGION. EARLY LAST YEAR, MR.
PRESIDENT PRESIDENT, THE CLINTON ADMINISTRATION PICKED SEATTLE
OUT OF 40 CITY APPLICANTS TO HOST THE CONFERENCE BY THE WORLD
TRADE ORGANIZATION FOR AN EXTENDED PERIOD OF TIME, CAREFUL
PREPARATIONS FOR THAT MEETING WERE MADE BY THE ADMINISTRATION,
BY STATE OFFICIALS, BY OFFICIALS IN THE CITY OF SEATTLE AND IN
THE SURROUNDING AREAS, AND BY PRIVATE ORGANIZATIONS THAT
{14:14:05} (MR. GORTON) { NOT AN OFFICIAL TRANSCRIPT }
DESIRED TO TAKE PART IN THE W.T.O. MEETINGS. WE HERE, AS IS
CUSTOMARY WHEN A MAJOR CONFERENCE GOES TO AN AMERICAN CITY,
RECOGNIZE THE EXTRA COSTS THAT WOULD ACCRUE TO SEATTLE AND THE
REGION, BY DIRECTING THE STATE DEPARTMENT TO REIMBURSE SEATTLE
AND SURROUNDING COMMUNITIES UPWARDS OF $5 MILLION FOR THE EXTRA
COSTS OF LAW. -- COSTS OF LAW ENFORCEMENT THAT WERE INEVITABLY
TO BE A PART OF THAT W.T.O. CONFERENCE. SENATOR MURRAY, MY
COLLEAGUE AND I, JOINED IN STRONGLY SUPPORTING THAT PROPOSAL
{14:14:41} (MR. GORTON) { NOT AN OFFICIAL TRANSCRIPT }
AND IT WAS ACCEPTED, NOT ONLY BY THIS HOUSE BUT BY THE
CONGRESS, MEMORIALIZED IN THE COMMERCE-STATE-JUSTICE
APPROPRIATIONS BILL. AS WE ALL KNOW NOW, TO OUR REGRET, THE
PREPARATIONS FOR THAT W.T.O. MEETING WERE INADEQUATE TO MEET
THE DELUGE OF DEMONSTRATORS WHO DESCENDED ON SEATTLE, SOME OF
THEM QUITE
{END: 2000/02/02 TIME: 14-15 , Wed. 106TH SENATE, SECOND SESSION}
{ NOT AN OFFICIAL TRANSCRIPT OF THE SENATE PROCEEDINGS.}