{ NOT AN OFFICIAL TRANSCRIPT OF THE SENATE PROCEEDINGS.}
{13:30:02} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }
{13:36:02 NSP} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
MR. WELLSTONE: MR. PRESIDENT?
{13:36:07 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }
THE PRESIDING OFFICER: THE SENATOR FROM MINNESOTA.
{13:36:09 NSP} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
MR. WELLSTONE: I'D ASK UNANIMOUS CONSENT THAT THE QUORUM CALL
BE DISPENSED WITH.
{13:36:18 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }
THE PRESIDING OFFICER: WITHOUT OBJECTION, SO ORDERED.
{13:36:21 NSP} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
MR. WELLSTONE: MR. PRESIDENT, I WOULD ASK UNANIMOUS CONSENT,
FIRST OF ALL, THAT A ARTICLE BY BARTLETT AND STEELE BE -- THIS
IS AN ARTICLE THAT WAS A SPECIAL INVESTIGATION, "TIME"
MAGAZINE, THE TITLE OF WHICH IS
"SOAKED BY CONGRESS: RAVISHED WITH CAMPAIGN CASH, LAWMAKERS ARE
REFORMING BANKRUPTCY PUSHING THE DOWN TRAD ENTO CASH A FEW
CHEATS," BY DONALD L. BARTLETT AND JAMES E. STEELE, FRANKLY,
{13:36:53} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
FOR THEIR INVESTIGATIVE WORK, SOME OF THE BEST INVESTIGATIVE
JOURNALI IN THE COUNTRY. I ASK UNANIMOUS CONSENT THAT THIS
ARTICLE BE INCLUDED IN THE RECORD WITH MY REMARKS.
{13:37:03 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }
THE PRESIDING OFFICER: WITHOUT OBJECTION, SO ORDERED.
{13:37:05 NSP} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
MR. WELLSTONE: I THANK THE CHAIR. AND I'D LIKE TO THANK THESE
TWO JOURNALISTS FOR THE WORK THEY'VE DONE OVER THE YEARS. I
USED TO ASSIGN THEIR BOOKS TO CLASSES, AND I JUST THINK THAT
IT'S -- IT'S VERY GOOD INVESTIGATIVE JOURNALISM. MR. PRESIDENT,
LET ME JUST READ FROM ONE PART OF THIS LONG, LENGTHY ARTICLE.
AND I'VE SENT A COPY OF THIS OUT TO COLLEAGUES, AND I COMMEND
THIS PIECE TO ALL OF MY COLLEAGUES. "UNDER THE LEGISLATION
{13:37:35} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
BEFORE CONGRESS, NEW MEANS TESTS WOULD FORCE MORE BORROWERS
INTO CHAPTER 13, LEADING TO STILL MORE FAILURES AND WOULD
ELIMINATE BANKRUPTCY AS AN OPTION FOR OTHERS. FOR THIS SECOND
GROUP, LIFE WILL BE ESPECIALLY BLEAK. LISTEN TO THEIR FUTURE AS
DESCRIBED BY BRADY WILLIAMSON, WHO TEACHES CONSTITUTIONAL LAW
AT THE UNIVERSITY OF WISCONSIN WISCONSIN." I MET HIM ACTUALLY
ON SATURDAY -- "IN MADISON AND WAS CHAIRMAN OF THE FORMER
NATIONAL BANKRUPTCY REFORM COMMISSION APPOINTED BY THE CONGRESS
1995." THE FORMER CHAIRMAN -- THE CHAIRMAN OF THE FORMER
{13:38:08} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
NATIONAL BANKRUPTCY REFORM REVIEW COMMISSION. "A FAMILY WITHOUT
ACCESS TO THE BANKRUPTCY SYSTEM IS SUBJECT TO GARNISHMENT
PROCEEDINGS, TO MULTIPLE COLLECTION ACTIONS, TO REPOSSESSION OF
PERSONAL PROPERTY, AND A MORTGAGE FORECLOSURE. THERE IS
VIRTUALLY NO WAY TO SAVE THEIR HOME AND FOR THE FAMILY THAT
DOES NOT OWN A HOME NO, WAY TO EVER QUALIFY TO BUY ONE. THE
WAGE EARNER WILL BE FACED WITH WHAT IS ESSENTIALLY A LIFE TERM
{13:38:41} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
IN DITER'S PRISON." -- "LIFE TERM IN DEBTOR'S PRISON." BRADY
ANDERSON, WHO TEACHES CONSTITUTIONAL LAW AT THE UNIVERSITY OF
WISCONSIN, IS JOINED BY LAW PROFESSORS ALL ACROSS THE COUNTRY
IN THEIR VERYTRONCRITIQUE -- I WOULD REALLY SAY CONDEMNATION --
OF THIS BANKRUPTCY BILL. AGAIN, THE CHAIRMAN OF THE FORMER
NATIONAL BANKRUPTCY REFORM COMMISSION -- REVIEW COMMISSION,
WHICH WAS APPOINTED IN 1995. MR. PRESIDENT, THE REASON I
MENTION THIS IS THAT I WANT TO TAKE A FEW MINUTES TO TALK ABOUT
{13:39:14} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
THIS BILL. WHEN THERE WAS AN EFFORT TO SEPARATE THIS BANKRUPTCY
BILL OUT FROM MINIMUM WAGE LEGISLATION, I OPPOSED IT. I OPPOSED
THE UNANIMOUS CONSENT AGREEMENT. SENATOR FEINGOLD WAS OUT HERE
ON THE FLOOR WITH ME. AND WE DID THIS BECAUSE WE REALLY
BELIEVED THAT THIS PIECE OF LEGISLATION DESERVES MORE SCRUTINY.
ALBEIT IT PASSED BY A BIG MARGIN IN THE SENATE, BUT I'M TELLING
YOU, MANY COLLEAGUES I THINK HAD NO IDEAOF SOME OF THE
PROVISIONS THAT WERE IN THIS LEGISLATION, SOME REALLY EGREGIOUS
{13:39:47} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
PROVISIONS. WE'VE LEARNED SOMETHING ABOUT WHAT MANY OF US CALL
THE PENSION RAID, WHICH BASICALLY FOR THE FIRST TIME WOULD
ENABLE THESE CREDITORS TO -- AS A CONDITION FOR MAKING A LOAN,
TO CALL ON BORROWERS TO BE -- TO SAY, LOOK, YOU CAN ALSO PUT A
LIEN ON MY PENSION. THAT'S NEVER BEEN DONE BEFORE. NEVER BEEN
DONE BEFORE. BUT THERE ARE OTHER EGREGIOUS PROVISIONS AS WELL,
AND I AGAIN WANT TO POINT OUT LAST WEEK "TIME" MAGAZINE
PUBLISHED THIS INVESTIGATIVE ARTICLE ENTITLED "SOAKED BY
{13:40:22} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
CONGRESS," AND WRITTEN BY DON BARTLETT AND JIM STEELE. AND THIS
IS A TRUE PICTURE I THINK OF WHO FILES FOR BANKRUPTCY IN
AMERICA. AND YOU WILL FIND A FAR DIFFERENT PROFILE OF WHO THE
PEOPLE ARE THAN FROM THE SKEWED VERSION THAT WAS USED TO
JUSTIFY THIS -- QUOTE -- "BANKRUPTCY REFORM BILL" PASSED BY THE
HOUSE AND THE SENATE. NOW, MR. PRESIDENT, I'D LIKE TO JUST GIVE
MY COLLEAGUES AN EXAMPLE OF THE KIND OF FAMILIES THAT WE'RE
TALKING ABOUT. WORKING FAMILIES, HARD-PRESSED FAMILIES CRUSHED
BY DEBT, PEOPLE WHO NEED A FRESH START. AND I WANT MY
{13:40:58} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
COLLEAGUES -- AND I KNOW TOMORROW SENATOR KENNEDY IS GOING TO
BE COMING OUT HERE WITH OTHER SENATORS. I'M GOING TO BE JOINING
OTHER SENATORS IN SPEAKING ABOUT THIS BILL AS WELL. BUT SINCE I
CAME TO THIS FLOOR AND I OBJECTED TO ANY UNANIMOUS CONSENT
AGREEMENT ABOUT SEPARATING OUT -- SEPARATING THIS BANKRUPTCY
BILL OUT AND PASSING IT AND MOVING IT FORWARD, AND SINCE I HAVE
DONE EVERYTHING I KNOW HOW TO AS A SENATOR TO STOP THIS BILL, I
WANT TO TALK ABOUT WHY. LET ME JUST FIRST OF ALL TALK ABOUT
{13:41:31} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
THIS LEGISLATION FROM THE PERSPECTIVE OF ORDINARY PEOPLE
PEOPLE, PEOPLE WHO DON'T HAVE A LOT OF MONEY, NOT THE BIG BANKS
AND NOT THE BIG CREDIT CARD COMPANIES WHO HAVE BEEN RUNNING THE
SHOW ON THIS LEGISLATION. I'D LIKE TO READ THE BEGINNING OF
THIS ARTICLE BY BARTLETT AND STEELE. AND LET ME QUOTE --
"CONGRESS IS ABOUT TO MAKE LIFE A LOT TOUGHER AND MORE
EXPENSIVE FOR PEOPLE LIKE THE TRAPP FAMILY OF PLANTATION,
FLORIDA. AS IF THEIR LIFE ISN'T HARD ENOUGH ALREADY,
{13:42:03} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
EIGHT-YEAR-OLD ELISE, THE OLDEST OF THE THREE TRAPP CHILDREN,
IS A BRIGHT, SPUNKY DARK-HAIRED WISP WHO SUFFERS FROM A
DEGENERATIVE MUSCULAR CONDITION. SHE LIVES IN A WHEELCHAIR OR
BED, IS TIED TO A RESPIRATOR AT LEAST EIGHT HOURS A DAY, EATS
MOSTLY THROUGH A TUBE, AND REQUIRES AROUND-THE-CLOCK NURSING
CARE. DOCTORS HAVE IMPLANTED STEEL RODS IN HER BACK TO STEM THE
CURVE TOUR OF HER SPINE. HER PARENTS, CHARLES AND LISA, ARE
{13:42:38} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
STARING AT A MEDICAL BILL OF $106,373 FROM MIAMI'S CHILDREN'S
HOSPITAL. THEN THERE ARE THE CREDIT CARD DEBTS. THE $10,310
THEY OWE BANK ONE, THE $5,537 THEY OWE CHASE MANHATTAN BANK,
THE $8,222 THEY OWE MBNA AMERICA, THE $4,925 THEY OWE ON THEIR
CITI CITIBANK PREFERRED VISA CARD, THE $6,838 THEY OWE ON THEIR
{13:43:10} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
DISCOVER CARD, THE $6,458 THEY OWE ON THEIR MASTERCARD. PEOPLE
DON'T UNDERSTAND -- UNLESS THEY HAVE A MEDICALLY NEEDY CHILD,
THESE KINDS OF CIRCUMSTANCES, SAYS CHARLES TRAPP, 42, A MAIL
CARRIER." MOST OF THE PEOPLE THAT FILE FOR BANKRUPTCY, CHAPTER
7, FOR A NEW START, ABOUT 40%-PLUS OF THE PEOPLE HAVE BEEN PUT
UNDER BECAUSE OF A MEDICAL BILL. AND ALL THE STUDIES THAT WE --
THAT WE SEE COMING OUT DON'T TALK ABOUT A LOT OF ABUSE, TALK
{13:43:42} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
ABOUT 3%, 4%, 5% OF THE PEOPLE AT MOST ABUSING THIS SYSTEM. AT
MOST ABUSING THIS SYSTEM. BUT MOST OF THE PEOPLE IN THE COUNTRY
THAT REALLY DO HAVE TO START, WHO FIND THEMSELVES IN THESE
AWFUL SITUATIONS, FIND THEMSELVES IN THESE AWFUL SITUATIONS
BECAUSE THERE'S BEEN A DIVORCE AND NOW YOU HAVE A SINGLE PARENT
OR BECAUSE PEOPLE HAVE LOST THEIR JOBS OR BECAUSE PEOPLE HAVE
BEEN FACED WITH CATASTROPHIC MEDICAL BILLS. AND WE'RE GOING TO
PUNISH THESE FAMILIES?
NOW, COLLEAGUES, YOU BETTER BELIEVE -- AND I'M NOT EVEN GOING
TO GO THROUGH THIS BECAUSE I -- I FEAR THAT I'LL JUST OFFEND
SENATORS. AND I DON'T WANT TO BECAUSE IT'S MY NATURE TO LIKE
{13:44:16} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
PEOPLE. BUT I'LL TELL YOU SOMETHING, THE FIGURES HERE ON THE
AMOUNT OF MONEY THAT'S POURED IN NOT -- NOT -- NOW, LET ME BE
CLEAR -- NOT ON ONE-TO-ONE. I AM NOT GOING TO STAND HERE AND
SAY THAT EVERY SINGLE SENATOR WHO DISAGREES WITH ME ON THIS
DISAGREES WITH ME BECAUSE THEY'VE GOT A LOT OF MONEY FROM BIG
CREDIT CARD COMPANIES. THEN SOMEONE CAN TURN AROUND, I KNOW THE
PRESIDING CHAIR CAN L AGREERX AND SAY, YOU KNOW WHAT, EVERY
POSITION YOU TAKE IS BASED UPON SOME MONEY YOU'VE RECEIVED FROM
SOMEBODY. THAT IS SIMPLY -- IT'S AN ANALYSIS THAT I THINK
{13:44:50} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
SHOULD BE -- WHAT'S THE WORD I'M LOOKING FOR? -- IT'S AN --
IT'S UNACCEPTABLE. I'M NOT GOING TO DO THAT. IT'S NOT FAIR TO
PEOPLE I SERVE WITH AND I DON'T BELIEVE IT. I DON'T BELIEVE IT.
BUT FROM AN INSTITUTIONAL POINT OF VIEW, FROM THE POINT OF VIEW
WHO HAS POWER AND WHO DOESN'T IN AMERICA, YOU DO SEE
{END: 2000/05/15 TIME: 13-45 , Mon. 106TH SENATE, SECOND SESSION}
{ NOT AN OFFICIAL TRANSCRIPT OF THE SENATE PROCEEDINGS.}