Mr. Speaker, I thank the gentleman for yielding me time. Mr. Speaker, I rise today in support of the rule and the transportation bill that our distinguished committee leadership worked for so long and so hard to bring to the Floor this…
Mr. Speaker, I thank the gentleman for yielding me time.
Mr. Speaker, I rise today in support of the rule and the transportation bill that our distinguished committee leadership worked for so long and so hard to bring to the Floor this week. I commend them on a tremendous job in crafting a bill that works within such title fiscal constraints, yet still manages to focus on so many of our transportation priorities. I want to particularly thank the Committee on Rules for making the Pascrell/Menendez/LoBiondo pay to play reform amendment in order.
I appreciate the hard work of the distinguished ranking member, the gentlewoman from New York (Ms. Slaughter), who has been a strong supporter of our amendment. I want to thank the gentleman from Massachusetts (Mr. McGovern) for his strong comments in support of the amendment as well.
Like many here, I had hoped that there would be a lot more money in this bill. As a member of the Committee on Transportation and Infrastructure, I know how important transportation investment is for the good of the Nation as a whole. As the representative of the 13th District of New
Jersey, which is densely packed with almost every transportation mode imaginable, I know firsthand how important this investment is for the well-being of the people in our community because transportation is more than about getting from one place to another.
The money we spend in this bill will create jobs, stimulate new businesses, revitalize neighborhoods, reduce congestion, clean our air and make us more secure. That is why I am disappointed that we have been forced to adhere to an unnecessary low level of funding the administration has forced upon us.
Those of us in the New Jersey-New York metropolitan area learned on September 11 how important it is to have a multiplicity of transportation modes. When the bridges and tunnels out of Manhattan were closed, it was ferries that allowed people to evacuate the city to New Jersey. When the airports were closed, it was rail service that allowed people to travel across the country. September 11 showed us that the national security value of making a strong investment in multiple modes of transportation is necessary.
Those of us from New Jersey know particularly well how desperately we need the money in this bill. We are the most densely populated State in the Nation with very old highways that are desperately in need of repair; 71 percent of our major roads are in either poor or mediocre condition. Over 36 percent of our highway bridges are either structurally deficient or functionally obsolete, far above the national average. And despite being the fifth smallest State, we are the 11th most traveled on our highways.
These miles take a toll on our environment. Every county in the State has unhealthy levels of ozone, and over half of the counties have dangerous levels of airborne soot. By providing enhanced funding for public transportation and other pollution control measures, this bill will help to clean our air.
One of the other problems we have in New Jersey is with pay to play. That is a process by which contributions, often very large contributions, are offered to politicians and State officials with the hope of being able to gain a government contract. It is in my mind a very corrupting practice and severely undermines the trust and credibility of the government.
What my colleagues and I from New Jersey are trying to do is change the nature of that process. Now, this is not merely an issue for New Jersey. This is an issue for any State that hopes it can strike a blow for clean government by limiting such a corrupting influence. And the issue is simply about the right of any State, of any State, to take the steps it needs to maintain the trust of its people. Nothing in what we are trying to do would force any State to enact a pay to play reform law. Nothing in our amendment would alter the competitive bidding process one bit.
The amendment strictly conforms to the ideals behind the current Federal highway contracting statute which is to ensure fairness and integrity in the awarding of public contracts.
I for one am surprised that we even need this amendment at all. For 50 years, Section 441(c) of Title 2 in the U.S. Code has banned political contributions from Federal contractors. The Federal government clearly recognizes the corrupting influence of pay to play and has taken steps to control it, steps that the Federal Highway Administration now says that New Jersey is not allowed to take on its own.
Clearly, the Federal Government recognizes that there are situations where merely looking for the lowest bidder is not the best way to serve the public interest.
The Securities and Exchange Commission has also enacted its own pay to play protection regulation, Rule G-37, which is even stronger than the Federal statute in Section 441. Brokers and municipal security dealers are forbidden from making political contributions to any official who issues municipal securities for 2 years before any business can be transacted. The rule was challenged and upheld in Federal court. Clearly, the SEC recognized and the courts agreed that restricting campaign contributions by people who are looking to do business with government is in the public interest and helps maintain the public trust.
I have heard some arguments that the problem with this amendment is that it would open the flood gates. Once we add a restriction about campaign contributions to highway contracting, this argument goes, we will not know where to stop. I strongly disagree.
First of all, New Jersey's Pay to Play Reform Act is not a highway issue. It only became one when the Federal Highway Administration, which is apparently not very concerned with Section 441 of the Federal law, decided to make it one by withholding New Jersey's highway financing.
Second, we already put a number of restrictions on highway contracting and procurement in Federal law. We give, for example, priority to minority-owned businesses, veteran-owned businesses, women- owned businesses, businesses owned by Native Americans or the disabled. We do these things because they are right to do and because they serve a social good. Limiting campaign contributions by prospective contractors is also a social good. It preserves the integrity of the government. It preserves the trust of the public in the contracting process. And it will very likely save the government money by lowering the cost of contracts.
Mr. Speaker, this amendment is simple. It is straightforward, and it is fair. It is also bipartisan and supported by a broad range of good government groups, such as Common Cause, the Center of Civic Responsibility, and Democracy 21.
I urge my colleagues, when it comes time, to pass the Pascrell/ Menendez/LoBiondo amendments and the underlying bill so we can protect the rights of the States and allow them to combat corruption as they see fit. This will apply only to those States that, number one, choose to have such legislation for their States, and it will only apply to office holders in their States of a State nature.
I do not think the Federal Government should be telling the States that they cannot do that to preserve the trust and integrity of the contracting process in their States.
Mr. Speaker, I thank the gentleman for his gracious amount of time.
Mr. Chairman, three quick points. This does not require any State to do anything. It simply allows a State to perform a reform in the context of contracting. We recognize this already under Federal law in section 441 of the Federal highway bill. The SEC has done the same type of thing in its context. No State should be prohibited from enacting reforms as it relates to improving the integrity of public contracting in their State. It will not apply to any Federal officeholder, but it will allow States ultimately to pursue reforms in the context of contracting and the integrity of its process.
We should support the amendment.