Barbara Boxer

Mrs. BOXER

Mrs. BOXER. Mr. President, earlier this week the Federal Energy Regulatory Commission issued an order to provide price mitigation to California's electricity market. This order is a stunning turnaround for an agency that refused to recognize that this energy crisis is a regional problem and that cost-based pricing is in order. However, FERC's order does not adequately address past grievances regarding refunds for overcharges by the generators. Therefore, today I am introducing the Electricity Gouging Relief Act in an effort to bring much needed relief to consumers, businesses and the State of California from price gouging by electricity generators. This legislation helps to right past wrongs by providing rebates in cases where companies were engaged in gouging. Generators' profits increased on average by 508 percent between 1999 and 2000. One company, Reliant Energy, experienced a 1,685 percent increase in profits in the same time period. This compares to a 16 percent increase in profits across the electric and gas industry and an increase in demand of only four percent. My bill would require the Federal Energy Regulatory Commission, FERC, to order refunds for past electricity purchases in cases where FERC determined that the prices charged by the generators were ``unjust and unreasonable.'' The bill would affect electricity sales that took place between June 1, 2000--when price spikes first occurred in San Diego and June 19, 2001--the day before FERC's order became effective. I encourage my colleagues to support this bill. FERC's actions on Monday are a step in the right direction. Now, we need to refund overcharges by the generators to consumers. I ask unanimous consent that the text of the bill be printed in the Record.

Mrs. BOXER

Mrs. BOXER. Mr. President, earlier this week the Federal Energy Regulatory Commission issued an order to provide price mitigation to California's electricity market. This order is a stunning turnaround for an agency that refused to recognize that this energy crisis is a regional problem and that cost-based pricing is in order. However, FERC's order does not adequately address past grievances regarding refunds for overcharges by the generators. Therefore, today I am introducing the Electricity Gouging Relief Act in an effort to bring much needed relief to consumers, businesses and the State of California from price gouging by electricity generators. This legislation helps to right past wrongs by providing rebates in cases where companies were engaged in gouging. Generators' profits increased on average by 508 percent between 1999 and 2000. One company, Reliant Energy, experienced a 1,685 percent increase in profits in the same time period. This compares to a 16 percent increase in profits across the electric and gas industry and an increase in demand of only four percent. My bill would require the Federal Energy Regulatory Commission, FERC, to order refunds for past electricity purchases in cases where FERC determined that the prices charged by the generators were ``unjust and unreasonable.'' The bill would affect electricity sales that took place between June 1, 2000--when price spikes first occurred in San Diego and June 19, 2001--the day before FERC's order became effective. I encourage my colleagues to support this bill. FERC's actions on Monday are a step in the right direction. Now, we need to refund overcharges by the generators to consumers. I ask unanimous consent that the text of the bill be printed in the Record.

Mrs. BOXER

Mrs. BOXER. Mr. President, last Friday, as millions of Americans and basketball fans around the world watched on television and listened on the radio, the Los Angeles Lakers defeated the Philadelphia 76ers to become the 2001 National Basketball Association champions. This is the second consecutive year that the Lakers have won the NBA championship. No team has ever enjoyed a post-season quite like the Lakers. They clinched the championship in five games, finishing the playoffs with a record of 15-1--the best ever. They were also the first team to go through the playoffs without losing a single game on the road. Throughout the playoffs and championship series, one player in particular came to symbolize the Lakers' march to victory: The Big Man--Shaquille O'Neal. Because of his sterling play and leadership, Shaquille O'Neal was named Most Valuable Player for the series. O'Neal, of course, benefitted from a sterling supporting cast that included Kobe Bryant, Rick Fox, Derek Fisher, Robert Horry and others. Indeed, Mr. President, this year's championship was truly a team effort. While the lion's share of the credit for their remarkable victory goes to the players themselves, I also want to acknowledge the outstanding coaching staff led by head coach Phil Jackson. This is Coach Jackson's eighth NBA title and his second with the Lakers. I think it is safe to say that these Los Angeles Lakers are a basketball dynasty-in-the-making, and I am delighted to introduce this resolution acknowledging their efforts and congratulating the Lakers and their fans in California and around the world.

Mrs. BOXER

Mrs. BOXER. Madam President, I send a second-degree amendment to the desk.

Mrs. BOXER. I move to reconsider the vote.

Mrs. BOXER. I thank my colleague for making that point.

Mrs. BOXER. That is absolutely correct. We would do it the same way we allowed you to modify yours.

Mrs. BOXER. Instead of saying ``other youth groups,'' we would say that have a national charter. It would mirror the Helms amendment.

Mrs. BOXER. Mr. President, I ask unanimous consent to make that modification, as we allowed that modification to be made in the Helms amendment, to mirror that.

Mrs. BOXER. I say thank you to my friend from Texas. I will only speak for about 60 seconds, and then I am happy to yield the floor. There are some days when I wonder where I am and what I am doing. This is really one of those days. I have an amendment that simply codifies a Court decision that was a victory for the Boy Scouts of America. When it was announced, everyone said: OK, in our Nation, regardless of an organization's viewpoint, they have a right to equal access to our public schools; freedom of speech. For those people, and I count myself among them, who believe we are all God's children, and I abhor discrimination against anyone for any reason, including their sexual orientation, I thought: This is tough because if a school district really has a strong feeling and they believe this to be a fight for civil rights, they are still going to have to let the Boy Scouts in. But that is America. We allow equal access and that is the way it is. Now I have an amendment that simply guarantees this equal access, that says the Senate agrees on equal access for all groups, whatever their view is on sexual orientation. And I have people who stand up and say I am undoing the Boy Scouts. Again, my most enduring memory of my little girl, who is now a mother herself, is her in her little outfit when she was a little Brownie, and the character building that went with that. So no one can get up on the other side and say Members on this side do not care. We do care. This amendment, again--and then I will yield the floor to my friend because I know he has reasons that he is against this, and I am interested to hear his explanation--simply says what the Supreme Court said: Equal access for the Boy Scouts to every single public school in America because every group, regardless of their viewpoint, has a right to have such equal access. So I am kind of glad I proposed this amendment. I am kind of stunned that anyone would be against it. But that is their right, their privilege. As a matter of fact, it is their duty if they find something wrong with it. But I thought the Supreme Court decision was cheered by the Boy Scouts, and I am a little stunned that my Republican friends somehow do not view it that way. I hope we will have a bipartisan vote in favor of this amendment. I yield the floor.

Mrs. BOXER. Madam President, as soon as Senator Reid is done, I will claim the floor.

Mrs. BOXER. Madam President, I need literally a minute. In this amendment, we are codifying what the Supreme Court has said, and that is every group, including the Boy Scouts, has equal access to school facilities. It is very simple. It is very straightforward. It stays away from the can of worms we believe was opened in the Helms amendment. I hope all of our colleagues, 100 strong, will vote in favor of this simple, straightforward statement that all groups, regardless of their viewpoint, be allowed equal access to the public schools. I yield the floor. I ask for the yeas and nays.

Mrs. BOXER. Madam President, I send amendment No. 562 to the desk.

Mrs. BOXER. A second-degree.

Mrs. BOXER. To my own amendment.

Mrs. BOXER. I will never forget my daughter when she was that little Brownie girl. All the women Senators are giving the proceeds of our book to the Girl Scouts. There isn't anyone on this side of the aisle who doesn't believe it is very important to have organizations such as these to help our kids. We also believe, however, if you read this amendment, it is not about equal access for the Boy Scouts. I yield to the Senator from Washington.

Mrs. BOXER. Madam President, with the agreement and the graciousness of Senator Brownback, we will have Senator Murray speak for 3 minutes, and I ask unanimous consent to speak for 30 seconds.

Mrs. BOXER. I say to my colleague, I thank him for adding to this debate. But if you believe in the rule of law, which we all do, the Supreme Court has spoken very clearly on this point. The Boy Scouts have equal access to every single public school in this country. The Supreme Court has so declared. So I, again, say to my friend, what is the purpose of this amendment? It is gratuitous, it seems to me. It is unnecessary. It hurts a group of people. It divides the country. We already know the Boy Scouts have equal access. With all the remarks he has made, if schools are not allowing that, they are breaking the law. We do not need another law which, by the way, opens up a can of worms, as Senator Byrd, who supports the underlying amendment, says. It is a can of worms. It could invite people in who you really do not want. He mentioned the Ku Klux Klan and skinheads and other groups. I appreciate being given this 1 minute.

Mrs. BOXER. Madam President, prior to my colleague, Senator Wellstone, I ask unanimous consent to speak for 1 minute.

Mrs. BOXER. I have another speaker. The next Democrat after Senators Wellstone and Daschle would be Senator Clinton.

Mrs. BOXER. No problem. Madam President, I can now say, after Senator Durbin, Senator Wellstone will follow. That is our list at this time.

Mrs. BOXER. Senator Durbin is anxious to be heard. I thank my friend. This amendment is troubling, and the Senator from West Virginia has put his finger on a very serious problem with this. What if a group springs up--I am just going to use a name--the Timothy McVeigh Youth Group and has in its charter antihomosexual language. It is my understanding, after checking with attorneys, in fact, they would be given special privileges because they have an antihomosexual charter. My friend has raised a very important issue, and I thank him for it.

Mrs. BOXER. I ask unanimous consent that the Senator be given 60 seconds additional time so I may engage him.

Mrs. BOXER

Mrs. BOXER. Mr. President, I ask unanimous consent that Beth Cameron, a fellow on Senator Kennedy's staff, be granted floor privileges.

Mrs. BOXER

Mrs. BOXER. Mr. President, I rise today to submit a resolution regarding the artwork of a woman named Dina Babbitt. Mrs. Babbitt, who was born Dinah Gottliebova, was an inmate at Auschwitz during the Holocaust. During her internment, she was forced by the notorious Dr. Joseph Mengele to paint pictures of doomed inmates. Because of her paintings, Ms. Babbitt and her mother were two of only 22 inmates who survived their internment at Auschwitz. Seven of the paintings were found at Auschwitz after the camp was liberated and were sold to the Polish State Museum in Osweicim. The museum contacted Mrs. Babbitt in 1973 to inform her that they had the pieces, but refused to relinquish them to her. She has been fighting with the museum since then to get her paintings back. Mrs. Babbitt has a simple motivation for retrieving her paintings. The people in the portraits became her friends, and they perished in the gas chambers. The paintings are the only reminder she has of them and the internment camp, as she has said, ``everything else was taken from me.'' Mrs. Babbitt, who now resides in the United States, is in her late 70s. She has fought for too long to have these paintings returned. There is no doubt that she painted these works and has a moral right to have them in her possession. This resolution urges the President and the Secretary of State to work with the Polish government and the Auschwitz-Birkenau museum to see that the seven watercolors in question are returned to their rightful owner. I hope that my colleagues will support his resolution.