S4806 CONGRESSIONAL RECORD — SENATE May 10, 2005 our values are universal. Speaking on Chad, I met with President Deby and EMERGENCY SUPPLEMENTAL AP- Darfur last year, he asked: also with members of the joint com- PROPRIATIONS ACT FOR DE- How can a citizen of a free country not pay mission—Chadians engaged in diplo- FENSE, THE GLOBAL WAR ON attention? How can anyone, anywhere, not matic negotiations between the Gov- TERROR, AND TSUNAMI RELIEF feel outraged? How can a person, whether re- ernment of Sudan and the Darfur ACT, 2005—CONFERENCE REPORT ligious or secular, not be moved by compas- rebels. We met with the rebels them- sion? And above all, how can anyone who re- The ACTING PRESIDENT pro tem- members remain silent? selves. People want peace. We met with pore. Under the previous order, the Senate will proceed to the consider- Mr. President, I just returned from people in the African Union in Addis ation of the conference report to ac- the region. Unfortunately, the Govern- Ababa, Ethiopia. company H.R. 1268, which the clerk ment of Sudan denied me the visa that Bringing these players together—not will report. I needed to visit the camps inside to mention the parties in the north- The assistant legislative clerk read Sudan. Instead, I went to Chad, where south agreement in Sudan, the EU, as follows: there are about 200,000 displaced refu- NATO, and U.N. Security Council The committee of conference on the dis- gees from Darfur. members—is a full time job. It needs agreeing votes of the two Houses on the What do the Sudanese have to hide? the attention of an individual to make amendments of the Senate to the bill (H.R. Why would they prevent a U.S. Senator sure that those negotiations don’t go 1268), making emergency supplemental ap- from visiting. In the camp I visited in adrift. We need that attention now. It propriations for the fiscal year ending Sep- Chad, I received reports of continued tember 30, 2005, to establish and rapidly im- is critical. The Darfur Accountability plement regulations for State driver’s li- attacks on civilians, as well as a grow- Act asked for this, encouraged this, ing fear of an imminent humanitarian cense and identification document security and it is not happening. It is not suffi- standards, to prevent terrorists from abusing crisis afflicting the 2 million displaced cient enough to have a one-time trip by the asylum laws of the United States, to Darfurians. But it is when monitors are the Deputy Secretary of State to unify terrorism-related grounds for inadmis- denied access, when there are no re- sibility and removal, to ensure expeditious ports, that the atrocities are always Sudan to think that we are paying construction of the San Diego border fence, the most grave and can continue. enough attention or putting on enough and for other purposes, having met, after full We need transparency. This is not pressure. In fact, we don’t have an am- and free conference, have agreed to rec- about one Senator. The Sudanese have bassador in the Sudan. We don’t have ommend and do recommend to their respec- an official representative to the Afri- tive Houses this report, signed by a majority obstructed access by African Union of conferees on the part of both Houses. monitors. Human rights advocates and can Union. We need to be paying atten- The ACTING PRESIDENT pro tem- journalists have been denied entry. Hu- tion. That is why Senator BROWNBACK pore. The Senate will proceed to the manitarian organizations have been and myself offered the amendment to consideration of the conference report. harassed and, when they actually get the supplemental. That is why we have (The conference report is printed in there, some have actually been killed. asked for additional funding, some of the House proceedings of the RECORD of We need to shine a light on this prob- which was included in the supple- May 3, 2005.) lem. I visited some of the victims last mental, and I am grateful for the fact The PRESIDING OFFICER (Mr. week in eastern Chad. Here is a picture that Senators DEWINE and BROWNBACK, SUNUNU). The Senator from Mississippi of some of the folks in one of the DURBIN, LEAHY, and OBAMA were able is recognized. camps. Hundreds of these men and to provide $50 million more for the Af- Mr. COCHRAN. Mr. President, the women desperately want to go home. rican Union. But some of the humani- Senate now has under consideration They were in Chad because of the bru- tarian assistance was pulled back for the conference report to accompany tal violence in their own country, reasons allocated to other difficult H.R. 1268, the fiscal year 2005 emer- brought on by the Sudanese Govern- places that also demand need. gency supplemental appropriations ment. They were chased from their vil- bill. This bill was requested by the lages. None of them felt safe to return. It is essential if we are going to stop President to carry forward the spend- None of them would return. this killing, stop the genocide, that we ing and accounts of the Department of This sentiment matches what we react now, that we pay attention, that Defense, the Department of State, and hear in Darfur, where we were last fall. we do the things that will allow the Af- other agencies and departments of the Hundreds of thousands of civilians were rican Union’s deployment to be suc- Government through the remainder of in these IDP camps, approaching 2 mil- cessful—only 2,200 people in an area the this fiscal year which will end on Sep- lion. Meanwhile, the Darfur refugees in size of France. We need to have a min- tember 30. Chad are barely getting by. I can tell imum of 6,000, maybe as many as 10,000. The bill was passed in the Senate on you that the conditions are difficult. That mission needs to be financed. The April 21, and we began conference dis- U.N. agencies and humanitarian orga- supplemental was where we could do cussions with our colleagues from the nizations are doing everything they much of this. Some of that we stepped other body on April 27. A bipartisan can, a heroic job of getting assistance back from. majority of the conferees reconciled to these camps. But I have to tell you, differences between the two bills and Our values as a nation and our na- there is a serious shortfall between a reached agreement on the provisions of tional security require us to speak up quality of life that is just sustainable a conference report on Tuesday, May 3. and reality. The terrain in eastern and confront these problems. The House approved the conference Chad is dry, infertile and, frankly, the The ACTING PRESIDENT pro tem- report on May 5 by a rollcall vote of 368 environment is bleak. It barely sup- pore. All time in morning business has to 58. The conference agreement pro- ports the Chadians who live in the now expired. vides a total of $82.041 billion, slightly area. There is not enough water and Mr. CORZINE. I thank the Presiding less than the President’s request of certainly limited amounts of food. It Officer. I hope my colleagues will con- $82.042 billion. Almost $76 billion in needs to change. emergency supplemental appropria- sider this legislation when we bring it That is why we need to speak out and tions is provided to the Department of back to the floor. It needs to be fought we have to be forceful. That is why one Defense to cover the costs of con- for. of the provisions in the Darfur Ac- tinuing the operations in Iraq and Af- countability Act I think is most impor- I thank the Chair. I yield the floor. ghanistan. tant, and that is the appointment of a Title II of the conference agreement special envoy. f provides $4.128 billion for international Mr. President, stopping genocide is a programs and assistance for recon- moral challenge that requires courage CONCLUSION OF MORNING struction and the war on terror. Title and resources. But it also requires at- BUSINESS III provides $1.184 billion for domestic tention every day—real diplomatic en- programs in the war on terror. And gagement to make sure we are moving The ACTING PRESIDENT pro tem- title IV provides $907 million in relief the ball forward in this process. In pore. Morning business is closed. for the Indian Ocean tsunami disaster.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.016 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4807 Finally, division B of the conference Mr. COCHRAN. How long does the I am here today because some Mem- agreement carries the House-passed Senator expect to talk? bers on the other side of the aisle have REAL ID Act and other provisions re- Mrs. FEINSTEIN. Probably a half decided that despite a constitution lating to immigration issues. hour. that is renowned worldwide and used as This conference agreement embodies Mr. COCHRAN. I have no objection, a model for emergent democracies, de- a genuine compromise between the two and I have no objection with that being spite a confirmation rate of 95 percent bodies on legislation that is of utmost done in spite of the agreement we have of President Bush’s judicial nominees, importance to our troops who are de- reached on the time for debate of the and despite the other pressing prior- ployed in the war on terror and for our supplemental. ities that the American people want us allies around the world. It is supported The PRESIDING OFFICER. Is there to address, that the time has come to by the administration, and I hope the objection to the request of the Senator unravel our Government’s fundamental bill, as reflected in the conference re- from Mississippi? Without objection, it principle of checks and balances. The port, will receive bipartisan support in is so ordered. majority has decided the time has the Senate. The Senator from California. come to unravel the Senate’s tradi- We are pleased to have the benefit of Mrs. FEINSTEIN. Mr. President, I tional role of debate and that the time comments by other members of the thank the chairman of the Appropria- has come to break the rules and dis- committee or Senate to explain spe- tions Committee for his graciousness. I card Senate precedent. cific provisions of this conference am pleased to serve on that committee. I am very concerned about this strat- agreement. We are prepared to try to He has been nothing but fair always. egy. It is important to remember that respond to any questions that any Sen- That is very much appreciated. I would once done, once broken, it will be hard ators may have about the provisions of like to indicate my support for the sup- to limit and hard to reverse. In fact, the conference report, and we will be plemental appropriations. I do have just last month, Senator COLEMAN stat- hopeful, however, that the Senate will concerns about the inclusion of the ed on CNN: proceed with some dispatch to the ap- REAL ID Act in this bill, largely be- The President has a right to make appoint- proval of the conference report because cause it is the Judiciary Committee ments. They are not to be filibustered. They it is an urgent supplemental appropria- that is the committee of jurisdiction, deserve an up-or-down vote. That’s true for tions conference report. The funds pro- and this very complicated act has not any kind of appointee, whether it’s Under vided in this conference report are ur- had the opportunity of a hearing or dis- Secretary of State or a judge. gently needed by our forces in the field cussions or markup by members of that And this is exactly my point. First, and by our State Department for ac- committee. That having been said, it is the rules would be broken with regard counts that have been depleted in con- my intent to vote for the emergency to judicial nominees, then it is execu- nection with programs administered by supplemental. tive branch nominees, then it is legis- that Department. I wish to speak during the remainder lation, and then the Senate has no The administration is urging that we of my time on the so-called nuclear op- rules at all and simply becomes a rep- act quickly, and I hope we will not un- tion and the majority leader’s inten- lication of the House of Representa- necessarily prolong consideration of tion to remove the ability of the mi- tives. the conference agreement in the Sen- nority party to filibuster judicial Every Thursday morning, I have a ate but respond enthusiastically with nominations. constituent breakfast, and at that the challenge from the administration JUDICIAL NOMINATIONS breakfast I describe the difference be- to act with dispatch on this conference Mr. President, I speak today as a tween the House and the Senate based report. member of the Judiciary Committee on something George Washington once Mr. President, before I yield the for the past 12 years. In this capacity, said, that the House moves rapidly, is floor, if I may have one more moment I have worked with Members from both controlled totally by the party in of indulgence from the Senator from sides of the aisle and on nominations power, and is akin to a cup of coffee. California, on behalf of the majority from both Democratic and Republican You drink your coffee out of the cup, leader, I ask unanimous consent that Presidents. In all, I voted to confirm but if it is too hot, you pour it into the there be 3 hours and 15 minutes of de- 573 judges and have voted no on the saucer to cool it. And that is the Sen- bate under the control of the ranking Senate floor on 5 and voted against clo- ate, the greatest so-called deliberative member and 11⁄2 hours of debate under ture on 11. body on Earth, a place that fosters de- the control of the chairman; provided I evaluate each candidate on a case- bate, often unlimited, and is basically further that following the use or yield- by-case basis and thoroughly examine based on the fact that no legislation is ing back of time, the Senate proceed to their writings, opinions, statements, better than bad legislation. So the Sen- a vote on adoption of the conference re- temperament, and character. The fact ate by design was created to be a very port, with no intervening action or de- that Federal judges are lifetime ap- different house than is the House of bate. pointments weighs heavily. They do Representatives. The PRESIDING OFFICER. Is there not come and go with an administra- The strategy of a nuclear option will objection? tion, as do Cabinet appointments. turn the Senate into a body that could Mrs. FEINSTEIN. Reserving the Rather, they cannot be removed from have its rules broken or changed at any right to object. the bench except in extremely rare cir- time by a majority of Senators un- The PRESIDING OFFICER. The Sen- cumstances. In fact, in our Govern- happy with any position taken by the ator from California. ment’s over 200-year history, only 11 minority. As I said, this is not the Sen- Mrs. FEINSTEIN. Mr. President, the Federal judges have been impeached, ate envisioned by our Founding Fa- distinguished chairman of the Appro- and of those, only 2 since 1936. thers, and it is not the Senate in which priations Committee had indicated Over the years, we have had heated I have been proud to serve for the past that I would be able to speak as in debates and strong disagreements over 12 years. morning business, that he would not judicial nominees; however, that de- I think it is important to take a look object. My concern is, with the time, if bate is what ensures the Senate con- at history, as others have done, to un- I will, in fact, have the time to com- firms the best qualified candidates. derstand the context of where this de- plete my remarks. I am deeply troubled when our legiti- bate is rooted. The Founding Fathers Mr. COCHRAN. Mr. President, I have mate differences over an individual’s and our early Pilgrims were escaping a no objection to the Senator speaking qualifications to be given a lifetime ap- tyrannical government where the aver- as in morning business. pointment to the Federal bench be- age man, the common man, often did Mrs. FEINSTEIN. For such time as I come reduced to inflammatory rhet- not have a voice and was often left may consume. oric. I am even more concerned when without any say in its laws that gov- Mr. COCHRAN. I do not want her to rhetoric turns into open discussion erned him and his family. In response, talk forever. about breaking Senate rules and turn- these men specifically embedded lan- Mrs. FEINSTEIN. No, it will not be ing the Senate into a body where might guage in the Constitution to provide forever. makes right. checks and balances so that inherent in

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.018 S10PT1 S4808 CONGRESSIONAL RECORD — SENATE May 10, 2005 our Government’s design would be con- . . . if by influencing the President be meant tion to call up the nomination of Justice Abe flict and compromise, and it is pre- restraining him, this is precisely what must Fortas for Chief Justice. have been intended. cisely these checks and balances that So here are two specific examples of have served to guarantee our freedoms Here is the emergence of a check, a Republican-led filibusters against judi- for over 200 years. balance, a leveling impact on the cial appointments. power of appointment, which is not to When you read the Federalist Papers, Last Congress, the Congressional Re- be unbridled. discussions at the Constitutional Con- search Service reported that filibusters vention, and about the experience of In 1776, John Adams also wrote on the specific need for an independent ju- and cloture votes have been required to America’s first President, it is clear end debate on numerous judicial ap- the Senate was never intended to be a diciary and checks and balances. He said: pointments. CRS reported that since rubberstamp. While it is often difficult 1980, cloture motions have been filed on The dignity and stability of government in to discern the original intent of a con- 14 court of appeals and district court stitutional provision, the records of the all its branches, the morals of the people and every blessing of society, depends so much nominations. We all know a cloture Convention address the role of the Sen- vote is another kind of filibuster. It is ate in the selection of Federal judges upon an upright and skillful administration of justice, that the judicial power ought to the kind of filibuster where one does with unusual clarity. be distinct from both the legislative and ex- not have to stand up on the floor, but Both the text of the appointments ecutive, and independent upon both, that so it takes the same 60 votes to close off clause of the Constitution and the de- it may be a check upon both, as both should debate. Moreover, cloture petitions bates over its adoption strongly sug- be checked upon that . . . [The judges’] were necessary in 2000 to obtain votes gest that the Senate was expected to minds should not be distracted with jarring on the nominations of both Richard play an active and independent role in interests; they should not be dependent upon Paez and Marsha Berzon to the Ninth determining who should sit on the Na- any man or body of men. Circuit after Republican opponents re- tion’s judiciary. So it is clear, when examining the Throughout its deliberations, the creation of our Constitution, that the peatedly delayed action on them, for Convention contemplated that the Na- Federal judiciary was specifically de- over 4 years in the case of Paez. tional Legislature in some form or an- signed to be an independent, non- In fact, at the time, Republican Sen- other would play a substantial role in partisan third branch, and the Senate ator Bob Smith openly declared he was the selection of Federal judges. As a was meant to play an active role in the leading a filibuster against Richard matter of fact, on May 29, 1787, the selection process. Paez and he described Senator SES- Convention began its work on the Con- In addition, the experience of Presi- SIONS as a member of his filibuster coa- stitution by taking up the Virginia dent Washington in appointing judges lition. plan, which provided: illustrates that from the outset the In addition to using the filibuster That a National Judiciary be established Senate took an active role in evalu- and other procedural delays, Repub- . . . to be chosen by the National Legisla- ating judicial nominees. In 1795, Presi- licans have publicly pronounced the ture. dent George Washington nominated importance of these rules and their Under this plan, the President was to John Rutledge to be Chief Justice. own desire to delay or block the con- have no role at all. One week later, Soon after his nomination, Rutledge firmation of judges. As recently as 1996, James Madison modified the proposal assailed the newly negotiated and pop- Senator LOTT stated: so that the power of appointing judges ular Jay Treaty with Britain. Even as The reason for the lack of action on the would be given exclusively to the Sen- Rutledge functioned as Acting Chief backlog of Clinton nominations was his ate rather than to the legislature as a Justice, the Senate debated his nomi- steadily ringing office phone saying ‘‘No whole. This motion was adopted with- nation for 5 months, and in December more Clinton Federal judges.’’ out any objection. So the Senate had 1795 the body rejected him 14 to 10, il- In 1996, Senator CRAIG said: the entire authority. lustrating from the first administra- Then less than 2 weeks before the tion that the Senate has always en- There is a general feeling . . . that no more nominations should move. I think you’ll see Convention’s work was done, for the joyed a strong prerogative to confirm a progressive shutdown. first time the committee’s draft pro- or reject nominees. vided that the President should have a Now, use of procedural delays In 1994, Senator HATCH stated that role in the selection of judges. throughout history has prevented the filibuster is ‘‘one of the few tools However, giving the President the nominees from receiving an up-or-down that the minority has to protect itself power to nominate judges was not seen vote. The claim that it is unprece- and those the minority represents.’’ as ousting the Senate from a central dented to filibuster judicial nomina- How soon they forget. Recent Repub- role. Governor Morris of Pennsylvania tions is simply untrue. In 1881, Repub- lican practices using anonymous holds paraphrased the new provision as one licans held a majority of seats in the allowing a single Senator, not 41, to giving the Senate the power to appoint Senate but were unable to end a fili- prevent a hearing or a vote on a judi- judges nominated to them by the Presi- buster to preclude a floor vote on cial nominee, in effect, has created a dent. In other words, it was considered President Rutherford B. Hayes’s nomi- filibuster of one. All told, during the the Senate was the nomination body nation of Senator Stanley Matthews to last administration, more than 60 judi- and the President simply recommended the Supreme Court. Matthews was re- cial nominees suffered this fate. This judges to the Senate. nominated by incoming President practice was recently commented on in The Convention, having repeatedly James Garfield, and after a bitter de- the Chicago Tribune which said: and decisively rejected the idea that bate in the Senate, was confirmed by a In addition, there are lots of congressional the President should have the exclusive vote of 24 to 23. This has been described practices that defy majority rule. Under power to select judges, could not pos- as the first recorded instance in which President Clinton, when Republicans con- sibly have intended to reduce the Sen- the filibuster was clearly and unambig- trolled the Senate, they didn’t have to use ate to a rubber stamp, but rather it uously deployed to defeat a judicial the filibuster to bottle up judicial nomina- created a strong Senate role to protect nomination. tions. The Judiciary Committee simply re- the independence of the judiciary. In Then, as has been stated on the Sen- fused to send them to the floor for a vote. fact, Alexander Hamilton, considered ate floor, there was the 1968 GOP-led That is true. I know. I was there. Re- the strongest defender of Presidential filibuster against President Lyndon B. membering this history is important, power, emphasized that the President Johnson’s nomination of Abe Fortas to not to point fingers or justify a tit-for- would be required to have his choice be Chief Justice of the United States. tat policy; instead, it is important to for the bench submitted to an inde- At the time, a page 1 Washington Post recall that Senate rules have been used pendent body for debate, a decision, story declared: ‘‘Fortas Debate Opens throughout our history by both parties and a vote, not simply an affirmation. With a Filibuster.’’ to implement a strong Senate role and He clarified the necessary involvement The article read: ensure that Presidents do not attempt of the Senate in Federalist No. 77 by A full-dress Republican-led filibuster broke to weaken the independence of the ju- writing: out in the Senate yesterday against a mo- diciary.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.020 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4809 The history is not new, and these ex- and filibustered successfully on many had been a judge on the Michigan amples have been cited by my col- occasions by as little a number as one Court of Appeals. She served as a leagues in other contexts, and there- Republican; filibustered in a way that Wayne County circuit judge for nearly fore, those on the other side have re- it was secret; filibustered in a way that 10 years. She sat on the Common Pleas sponded to the history. I believe it is the individual never received a hearing Court for the city of Detroit and served important to address the differences or a markup in Judiciary or a vote on on the board of directors of the Michi- that the other side is trying to draw. the Senate floor. Then I would like an gan legal services. President Clinton Some have argued that the nomina- answer to the question, which is better, thanked her for hanging in there tion by President Hayes of Senator a filibuster by 40 Members on the floor through an ordeal that no one should Matthews of Ohio was not a filibuster openly declared, publicly debating, dis- have to endure. It is my understanding because there was no cloture vote. This cussing an individual’s past speeches, Senator LEVIN, one of the Michigan is true, however, a procedural delay de- an individual’s temperament, char- Senators, supported her. Senator Abra- nying a nominee confirmation to a acter, opinions, or a filibuster in secret ham waited 2 years before turning in court still has the result blocking a when one does not know who or why? his blue slip, and after turning in the nomination. Trying to make a distinc- I begin with Clarence Sundram. Clar- blue slip did not endorse Ms. White. tion about the procedures used to deny ence Sundram was the chairman of the That, again, is how things worked. One a nominee confirmation is a distinc- New York Commission for the Men- person—not 41 people on the floor de- tion without a difference. tally Disabled. He was nominated on bating but 1 person—in secret holding As for the nomination of Abe September 29, 1995. He had hearings on up a nominee. That is just as much a Fortas—colleagues on the other side of July 31, 1996, and June 25, 1997. There filibuster, and even more effective a fil- the aisle have made various arguments was no committee vote. There was no ibuster. including: that’s only one isolated ex- floor vote. His nomination was simply Jorge Rangel was nominated to the ample; it was a Supreme Court, not a killed in committee by a filibuster of U.S. Court of Appeals for the Fifth Cir- Circuit Court nominee; or Fortas’ nom- one or two, or the chairman’s decision cuit on July 24, 1997. He did not receive ination was withdrawn after a failed not to bring the nomination to the a hearing or a vote in committee. He cloture vote showed he did not have floor. He was supported by both home was a partner in Rangel & Chriss, a majority support and therefore its not State Senators Moynihan and Corpus Christi law firm, and special- the same situation. D’Amato. On seven occasions, Senator ized in personal injury, libel, and gen- Miguel Estrada and Carolyn Kuhl LEAHY spoke on the Senate floor urg- eral media litigation. He was presiding both withdrew their nominations after ing that a vote be taken on Sundram, judge of the 347th District Court in failed cloture votes, however both were but no vote was ever taken. Nueces County from October of 1983 to used as examples of filibusters by James A. Beaty, Jr., was nominated June of 1985, and a former assistant Democrats. to the U.S. Court of Appeals for the professor of law at the University of Our colleagues have argued that the Fourth Circuit on December 22, 1995, Houston. He was originally rec- delays to the nominations of Richard and renominated on January 7, 1997. He ommended to the White House by Sen- Paez and Marsha Bershon do not count did not receive a hearing and was not ator Bob Krueger, but removed his because in the end they were con- voted on in committee. His nomination name from consideration because, ac- firmed. This ignores that it took over languished for more than 1,000 days, al- cording to a July 25, 1997 Dallas Morn- four years to confirm both nominees. most 3 years without any action being ing News article, he was then a mem- In addition, if a party attempts to fili- taken. He was nominated by President ber of the American Bar Association buster a nomination, or legislation, Clinton to be a judge on the U.S. Dis- Panel that reviews federal court nomi- and it is eventually passed that does trict Court for the Middle District of nees, which made him ineligible. He not mean it is not a filibuster. It sim- North Carolina. He was finally con- was subsequently nominated after he ply means that the filibuster or refusal firmed by the Senate in 1994. was no longer on the ABA panel, at to grant cloture cannot be sustained. Before that, he spent 13 years as a which time, Texas Monthly has re- That has happened to both parties in a judge in the North Carolina Superior ported, he was blocked by his two home variety of situations. However, failure Court. He was blocked by Senator state Senators. So, two persons there. does not undo the effort. Helms. On November 21, 1998, National Barry Goode was nominated to the Finally, as to the other Clinton Ad- Journal reported that Senator Helms U.S. Court of Appeals for the Ninth ministration nominees—the response wanted President Clinton to name to Circuit in 1998, renominated January given is that their nominations weren’t the Fourth Circuit one of the Senator’s 26, 1999, and renominated a third time defeated by a cloture vote on the floor. proteges, Terrence W. Boyle, whose on January 3, 2001, just before Presi- In essence the argument is because dif- nomination to that bench was killed dent Clinton left office—three tries. He ferent procedural rules were used to de- when the Democrats ruled the Senate waited for 21⁄2 years without a hearing feat a nomination, it doesn’t count. On and George Bush was President, but or a vote in committee. He was a part- its face, this argument doesn’t hold the Clinton White House refused and ner at the time at the San Francisco water. To the nominee whether their Senator Helms made it clear that law firm of McCutchen, Doyle, Brown confirmation failed because of a ‘‘hold’’ President Clinton would not get Beaty & Enersen. He had practiced law since in Committee, or a failed cloture vote, confirmed until he nominated Boyle. 1974. He was an adjunct professor of en- the result is the same—they are not Then Senator Helms supported Beaty vironmental law at the University of sitting on the bench. when he was nominated for his current San Francisco and served 2 years as Dozens of Clinton’s nominees were position as a U.S. district court judge. special assistant to Senator Adlai E. ‘‘pocket filibustered’’ by as little as But this shows how things worked, Stevenson III. The ABA rated him as one Senator who, in secret, prevented where one person could deny a nomina- qualified. He was supported by both the nominees from receiving a hearing tion. myself and Senator BOXER. The reason in Committee, or a mark-up, or a floor Then there is Helene White from the for the block was an anonymous Re- vote. One Senator without debate or State of Michigan. She was nominated publican who, to this day, is not reason has stopped many Clinton nomi- to the U.S. Court of Appeals for the known. Senator LEAHY spoke at least nees. Sixth Circuit on January 7, 1997, and eight times on the Senate floor, urging The question I have is whether the renominated on January 26, 1999, and that Goode’s nomination be considered, public interest is better served by one renominated for a third time on Janu- but a filibuster of one, hidden, in se- hidden filibuster without explanation, ary 3, 2001. She did not receive a hear- cret, nobody knowing who it was, es- or 41 Senators debating publicly and ing or a committee vote during the sentially killed this nomination. refusing publicly to confirm the nomi- pendency of her nomination. She had Legrome Davis was nominated to the nee. Clearly, it is the later. waited for a Senate Judiciary Com- U.S. District Court for the Eastern Dis- I would like to go over a few nomi- mittee hearing for 4 years, longer than trict of Pennsylvania on July 30, 1998, nees from the last administration who any other judicial nominee in history, and renominated on January 26, 1999. have been filibustered by Republicans, according to the Associated Press. She He did not receive a hearing or a vote

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.022 S10PT1 S4810 CONGRESSIONAL RECORD — SENATE May 10, 2005 from the Judiciary Committee during President Bill Clinton when she was Kathleen McCree-Lewis was nomi- the nearly 21⁄2 years his nomination nominated. She was special counsel to nated to the U.S. Court of Appeals for was pending. President Bush renomi- the Senate Judiciary Committee dur- the Sixth Circuit Court on September nated Davis to the same court at Sen- ing the confirmation hearings of Ruth 16, 1999, and renominated on January 3, ator SPECTER’s request on January 23, Bader Ginsburg. She served as Asso- 2001. She did not receive a hearing or a 2002, and he was finally confirmed by a ciate Counsel to the President from vote in committee during the more unanimous vote of the Senate on April 1995 to 1996, and Deputy Assistant to than a year her nomination was pend- 18, 2002. But the point was he was the President for Domestic Policy, and ing. She was a distinguished appellate stopped for nearly 21⁄2 years by an un- Deputy Director of the Domestic Pol- attorney with Dykema Gossett, one of known individual. icy Council from 1997 to 1999. Prior to the largest law firms in Michigan. She Lynnette Norton was nominated to that she was professor of law at the had been active in the Michigan bar the U.S. District Court for the Western University of Chicago, tenured. She from 1996 to 1999. She chaired the rules District of Pennsylvania on April 29, worked at the Washington, DC, law advisory committee of the U.S. Court 1998, and renominated on January 26, firm of Williams and Connolly, and she of Appeals for the Sixth Circuit. From 1999. She did not receive a hearing or a clerked for U.S. Supreme Court Justice 1992 to 1995, she cochaired the appellate vote in committee during the more Thurgood Marshall. A substantial ma- practice committee of the ABA section than 21⁄2 years her nomination was jority of the ABA rated her qualified. A of litigation. From 1987 to 1998, she was pending. She died suddenly in March minority rated her well qualified. It is editor of the Sixth Circuit section of 2002 of a cerebral aneurysm. It is my my understanding three Senators ar- the Appellate Practice Journal and is a understanding Senator SPECTER sup- gued that the DC Circuit did not need life member of the Sixth Circuit Judi- ported Norton. Senator SANTORUM, I any more judges, an argument that had cial Conference. She was president of believe, did not return the blue slip. been used to delay the confirmation of the American Academy of Appellate According to a November 18, 1999 arti- Judge Merrick Garland between 1995 Lawyers. She would have been the first cle in the Philadelphia Inquirer, a hold and 1997. African-American woman to serve on was placed on Ms. Norton’s nomina- See, this was another thing that was the Sixth U.S. Circuit Court of Ap- tion. happening during that time. Let me peals. She was rated by the ABA as H. Alston Johnson was nominated to just say it like it was. Vacancies on the well qualified. On March 21, 2001, the the U.S. Court of Appeals for the Fifth DC Circuit—a critical and important Detroit Free Press reported that she Circuit on April 22, 1999, and renomi- circuit because it reviews all of the ad- was blocked by one of her home State nated on January 4, 2001. Despite wait- ministrative appeals—were purposely Senators, namely Senator Abraham. ing over a year and a half, he did not kept open, preventing President Clin- Let me quote the Detroit Free Press. receive a hearing or a vote in com- ton from filling that circuit, to have McCree-Lewis never ‘‘got a hearing in mittee. His nomination was withdrawn more openings for the next President. the Senate, thanks to Abraham’s epic by President Bush on March 19, 2001. He Here three Senators kept this very obstructionism.’’ was supported by both home State Sen- qualified and very distinguished nomi- Now on January 8, 2001, the Detroit ators, Senators Breaux and LANDRIEU. nee from receiving a vote or a hearing Free Press reported: According to articles in the Baton on the committee. Again, a secret, hid- The Senate has been obscenely obstruc- Rouge Advocate on July 10, 2000, and den filibuster. tionist in blocking President Bill Clinton’s January 8, 2001, it is my understanding And, nevertheless, Senate Repub- judicial nominations. Former Senator Spen- an individual Senator blocked his nom- licans supported the nomination by cer Abraham did nothing to help shepherd ination from proceeding, even though President Bush of Miguel Estrada to Michigan Court of Appeals Judge Helene both Republicans and Democrats ap- the same circuit court in 2002. White and Detroit attorney Kathleen McCree peared willing to confirm him. James Wynn was nominated to the Lewis through the system. James E. Duffy, Jr. was nominated to U.S. Court of Appeals for the Fourth Again, filibuster of one, in secret, the U.S. Court of Appeals for the Ninth Circuit on August 5, 1999, and renomi- with no floor debate. Circuit on June 17, 1999, and renomi- nated on January 3, 2001. As you can Enrique Moreno was nominated to nated on January 3, 2001. He did not re- see, President Clinton made one last the U.S. District Court of Appeals for ceive a hearing or vote in committee. try before he left office. He did not re- the Fifth Circuit on September 16, 1999, He is from Honolulu, had been a liti- ceive a hearing or a vote in committee. and renominated January 3, 2001. gator for his entire legal career, been a President Bush withdrew Judge Wynn’s He did not receive a hearing or a vote partner in the Honolulu law firm of Fu- nomination on March 19, 2001. He was a in committee. At the time of his nomi- jiyama, Duffy, and Fujiyama since judge on the North Carolina Court of nation, Moreno had a longstanding and 1975. He was former president of both Appeals and had previously served on diverse legal practice in El Paso, work- the Hawaii State Bar and the Hawaii the North Carolina Supreme Court. ing on both civil and criminal law. In Trial Lawyers Association. He would When nominated, he was a Navy re- the civil area, he represented both have been the first active Hawaii mem- servist in the JAG corps of the U.S. plaintiffs and defendants, representing ber of the Ninth Circuit Court of Ap- Navy with the rank of captain. He both large business clients and also in- peals in 15 years, despite rules that at served as the ABA’s first African- dividuals, advocating their civil rights. least 1 judge must sit in each of the American chair of the Appellate Judges In a survey of State judges, he was States within the Ninth Circuit. He Conference whose membership includes rated as one of the top trial attorneys was unanimously rated as well quali- over 600 Federal and State appellate in El Paso. A native of Chihuahua, he fied. He was supported by both Hawaii judges. He was on the board of gov- came to El Paso as a small child, son of Senators. There has been no expla- ernors of the American Judicature So- a retired carpenter and a seamstress. nation forthcoming of who blocked his ciety and was a vice president of the The ABA committee unanimously progress. Again, a secret hold, one per- North Carolina Bar Association. He rated him as well qualified. son. Two home State Senators sup- was an executive board member of the In November of 2000, Texas Monthly porting this individual and the indi- Uniform State Laws Commission and a reported that he was blocked by both vidual does not go forward. That is as drafter of the Revised Uniform Arbitra- home State Senators, again without a much a filibuster as anything going on tion Act, Uniform Tort Apportionment hearing or a vote in the Judiciary Com- on the floor at this time. Act, and proposed Genetic Discrimina- mittee. Elena Kagan was nominated to the tion Act. He was rated qualified by the Allen Snyder was nominated to the U.S. District Court of Appeals for the ABA screening committee. Senator Ed- U.S. Court of Appeals for the DC Cir- District of Columbia on June 17, 1999. wards supported him. The Associated cuit on September 22, 1999. He did re- She did not receive a vote or a hearing Press, on December 29, 2000, reported ceive a committee hearing on May 10, in committee. She is currently the that Senator Helms blocked Judge 2000. His nomination, though, was not dean of Harvard Law School. She was a Wynn. One person blocks a distin- voted on by the committee. visiting professor at Harvard Law guished jurist, a filibuster of one, and At the time of his nomination, he School, former domestic adviser to not a word said. was a longtime partner and chairman

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.023 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4811 of litigation practice at the DC law Americans view the victims—and per- From 1970 to 1971, he was the public firm Hogan & Hartson. At Hogan & haps more important, the perpetra- safety director for the city of Pitts- Hartson, he represented Netscape Com- tors—of crimes against women.’’ burgh. He served for 3 years as an as- munications Corporation in the land- She oversaw a $1.6 billion program to sistant U.S. attorney in Pittsburgh mark Microsoft antitrust case. provide resources to communities for where he prosecuted Federal criminal He was a former law clerk to Chief training judges, prosecutors, and po- cases, and for 2 years he was an attor- Justice William Rehnquist. The ABA lice. She was chosen to serve on the ney for the Civil Rights Division of the unanimously rated him well qualified. President’s Interagency Council on Department of Justice. He served a 3- He served as chair of the Committee on Women, chaired by former First Lady year tour of duty in the U.S. Navy. He Admissions and Grievances of the U.S. HILLARY RODHAM CLINTON. She also was rated unanimously as well quali- Court of Appeals for the District of Co- headed the Justice Department’s Work- fied by the ABA. lumbia, as secretary and executive ing Group on Trafficking. On October 16, 1997, the Pittsburgh- committee member of the Board of According to a statement given by Post Gazette reported that one of the Governors of the District of Columbia Senator LEAHY to the Judiciary Com- two home State Senators held up his Bar, and on the board of the Wash- mittee on January 22, 2004, she was nomination for 2 years, allowing nei- ington Council of Lawyers. It is my un- blocked by a secret Republican hold ther a hearing nor a vote, and I do not derstanding his nomination was from ever getting committee or Senate believe it was the chairman of the com- blocked by two Judiciary Committee consideration. Apparently, just one mittee. Senators. No reason was given. Senator. She had a hearing, as I said, Bruce Greer was nominated to the Kent Markus was nominated to the but she never had a vote. U.S. District Court for the Southern U.S. Court of Appeals for the Sixth Cir- Roger Gregory was nominated to the District of Florida on August 1, 1995. cuit on February 9, 2000. He did not re- U.S. Court of Appeals for the Fourth He did not receive a hearing and he was ceive a hearing or a vote in committee. Circuit on June 30, 2000, and was re- never voted on by the committee. His He was the director of the Dave Thom- nominated on January 3, 2001. He was a nomination was withdrawn on May 13, as Center for Adoption Law and vis- recess appointee of President Clinton 1996. At the time of his nomination, he iting professor at Capital University at the end of the 106th Congress. He did was the president of the Miami law Law School at the time of his nomina- not receive a hearing or a vote. firm of Greer, Homer & Bonner, where tion. He served in numerous high-level On March 19, 2001, President Bush he has a civil litigation practice. legal positions within the Department withdrew his nomination. He was sub- Senator Bob Graham supported him. of Justice, including counselor to the sequently renominated by President Senator Connie Mack’s position is not Attorney General, Deputy Chief of Bush on May 9, 2001, and confirmed known. It is my understanding the Staff for the Office of the Attorney July 20, 2001, by a 93-to-1 vote. Wall Street Journal published a According to former Senator Chuck General, and Acting Assistant Attor- lengthy editorial on July 17, 1996, that Robb, on October 3, 2000: ney General for the Office of Legisla- made no direct allegations against Despite the well-documented need for an- Greer, but made a case for guilt by as- tive Affairs. other judge on this court, and despite Mr. He also served as first assistant at- Gregory’s stellar qualifications, the Judici- sociation implying that, because Mr. torney general and chief of staff for the ary Committee has stubbornly refused to Greer represented unsavory defendants, Ohio Attorney General’s Office. even grant Mr. Gregory the courtesy of a he was soft on crime. His nomination was supported by 14 hearing. The Columbia Journalism Review re- past presidents of the Ohio State Bar I know Senator WARNER supported ported that the day after the editorial Association, including Democrats, Re- this judge. appeared, the chairman came to the publicans, and Independents; more Again, this just goes to show that we floor to denounce judges who are soft than 80 Ohio law school deans; promi- are having a major flap because 41 peo- on crime and, shortly afterward, Mr. nent Ohio Republicans; the National ple feel strongly, are willing to come to Greer received word that he would not District Attorneys Association; and the floor, and willing to debate a nomi- be receiving a hearing. So Bruce Greer the National Fraternal Order of Police. nee, and all of a sudden the world is was denied even a hearing to see if the The ABA unanimously rated him as going to come to an end, when for allegations were true. qualified. years and years and years one or two or That is what has happened, ladies Both Senators DEWINE and VOINOVICH three Members of the Senate could pre- and gentlemen. returned blue slips. He was blocked by vent a hearing or a markup in the Ju- Leland Shurin was nominated to the one Senator—a filibuster of one, all diciary Committee or an individual U.S. District Court for the Western hidden, all quiet. even being brought to the floor. District of Missouri on April 4, 1995. He Bonnie Campbell was nominated to Which would the public prefer? I did not receive a hearing and was never the U.S. Court of Appeals for the would hope it would be a discussion on voted on in committee. His nomination Eighth Circuit on March 2, 2000, and re- the floor of the Senate. I would hope it was withdrawn at his request, because nominated on January 3, 2001. Her would be laying out the case against of inaction, on September 5, 1995. hearing was on May 25, 2000. The nomi- the individual, as has been done with He was an executive committee nation was never voted on by the Judi- every one of the ten—only ten; in all of member and partner at the law firm of ciary Committee. President Bush’s terms, only ten— McDowell, Rice & Smith, in Kansas She served for 4 years as Iowa’s At- when in President Clinton’s term there City, where he maintained a general torney General. She is the only woman were 60, and one or two, in secret, kept practice doing plaintiff and defense to have held that office in her State, that individual from being brought to litigation. He was very active in the and she wrote what became a model the floor of the Senate and voted on. community. statute on antistalking for States Well, let me continue. John Bingler He was rated as qualified by the ABA around the country. was nominated to the U.S. District committee. He told the Kansas City She was selected by President Clin- Court for the Western District of Penn- Star: ton in 1995 to head the Justice Depart- sylvania on July 21, 1995, and renomi- I had the sense that my confirmation is ment’s newly created Violence Against nated on July 31, 1997. He did not re- being delayed. No one could give me a clear Women Office. She emerged as a na- ceive a hearing or a vote either time he date when anything could be done. I’ve sat tional leader for her work to bring vic- was nominated. around for two years. I can’t keep doing it. tims’ rights reforms to the country’s After waiting more than 2 years One has to come to grips with wheth- criminal justice system. without any action on his nomination, er this was a fair process, whether this In 1997, Time magazine named her he withdrew on February 12, 1998. was even as fair as what is happening one of the 25 most influential people in Since 1971, he has practiced law with today. I believe no way, no how was America. Praising her for bringing the Pittsburgh firm of Thorp, Reed & this a fair process. I have been one who ‘‘rock-solid credibility’’ to her job, Armstrong. He served for 6 years as has believed that the blue slip should Time called Campbell the ‘‘force be- chair of the firm’s litigation depart- be done away with, that there should hind a grass-roots shift in the way ment. be no anonymous holds, and that every

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.025 S10PT1 S4812 CONGRESSIONAL RECORD — SENATE May 10, 2005 appointee should be given a hearing jury, because of the lengthy delay in but a vote was never held on her nomi- and a vote in the committee. That does the nomination process, the February nation during the nearly 3 years her not mean that we should change the 11, 1998 edition of the NewsHour with nomination was pending. What were rules of the Senate to prevent, in ex- Jim Lehrer reported that he lost his the reasons for this block? On October treme cases, the ability of the minority State court judgeship. He was unani- 8, 1998, the Associated Press reported to register a strong point of view, when mously rated as qualified. Again, this that her supporters said she was op- the minority of one has historically is the hidden filibuster of this body. posed by Puerto Rico’s prostatehood been allowed to register a strong point J. Rich Leonard, was nominated to Governor and congressional representa- of view secretly and, in fact, kill a the U.S. Court of Appeals for the tive because she is a backer of the is- nominee. Fourth Circuit, on December 22, 1995, land’s current status as a U.S. com- Sue Ellen Myerscough was nomi- did not receive a hearing or a vote in monwealth, and there was apparently nated to the U.S. District Court for the committee. Subsequently, he was nom- some overwhelming bipartisan opposi- Central District of Illinois on October inated to the District Court for the tion. 11, 1995. She did not receive a hearing Eastern District of North Carolina on Why not vote? If what is being said or a vote in committee. She was an Illi- March 24, 1999. Again, he did not re- now has been true and par for the nois State circuit court judge. She was ceive a hearing or a vote. In total, this course, why not vote? an associate circuit court judge. She gentleman waited over 2.5 years before Lynne Lasry was nominated for the worked in law firms in Springfield. She the committee for the two nominations Southern District of California but did formerly clerked for U.S. District without ever receiving a hearing or a not receive a hearing or a vote. After Judge Harold Baker. A substantial ma- vote. He was a judge on the U.S. Bank- one year of inaction, the nomination jority of the ABA committee rated her ruptcy Court for the Eastern District was withdrawn in 1998. as well qualified, while a minority of North Carolina at the time of his James Klein was nominated to the rated her as qualified. nomination by President Clinton. He U.S. District Court for the District of She was supported by both Senator was rated as well qualified. Again, my Columbia, January 27, 1998, renomi- Paul Simon and Senator Carol information is that one Senator nated March 25, 1999, and did not re- Moseley-Braun at the time. In 1997, blocked both of his nominations. ceive a hearing or committee vote dur- Senator DICK DURBIN stated in the I see there are others waiting. I will ing the 3 years that he was pending. Patricia Coan was nominated to the State Journal-Register that he be- be brief. But let me list some of the U.S. District Court for the District of lieved ‘‘Judge Myerscough was caught others. Colorado, May 27, 1999. She did not re- up in a Federal stall.’’ Robert Freedberg was nominated to On September 27, 1996, the State the U.S. District Court for the Eastern ceive a hearing or committee vote in Journal-Register reported that Senator District of Pennsylvania, April 23, 1998. the year and a half that her nomina- Simon said he believed the reason was He never received a hearing. He was a tion was pending. The May 21, 2000 Den- a matter of partisanship, not because judge on Northampton County’s Court ver Post reported that one Senator of any controversy or problems with of Common Pleas. He is a former pros- blocked her nomination. Dolly Gee was nominated to the Dis- her qualifications. Senator Simon said ecutor. The January 28, 1999 Allentown trict Court for the Central District of he escorted Myerscough for individual Morning Call reported that he was California, May 22, 1999. She did not re- meetings with Senator HATCH and blocked by one Senator. ceive a hearing or committee vote in other members of the panel but had Robert Raymar, nominated to the the year and a half that her nomina- ‘‘not had a single member of the com- U.S. Court of Appeals for the Third Cir- cuit, did not receive a hearing. His tion was pending. mittee tell me he or she couldn’t vote Fred Woocher was nominated to the nomination expired at the end of the for her.’’ U.S. District Court for the Central Dis- This is what has happened. So I have session. Former deputy attorney gen- trict of California, received a hearing a hard time understanding why we are eral for the State of New Jersey, mem- on November 10, 1999, but was not voted where we are today. ber of the New Jersey Executive Com- on by the committee despite waiting Charles Stack was nominated to the mission on Ethical Standards. He was for a year after his hearing. U.S. Court of Appeals for the Eleventh rated as qualified. He was supported by Steven Bell was nominated to the Circuit on October 27, 1995. He received both State Senators. One person fili- U.S. District Court for the Northern a hearing before the committee on Feb- bustered this individual in committee. District of Ohio but did not receive a ruary 28, 1996, but did not receive a He didn’t receive a hearing or a vote. hearing or vote in committee for more vote in committee. James Lyons, nominated to the U.S. than a year that his nomination was According to the May 11, 1996, Miami Court of Appeals for the Tenth Circuit, pending. Herald, he came under intense attack did not receive a hearing or a vote, and Rhonda Fields was nominated to Dis- from then-Presidential candidate Bob withdrew after it became clear he trict Court for the District of Columbia Dole, and he withdrew his nomination would not receive a hearing or a vote. on November 17, 1999, no hearing, no on May 13, 1996. He was a longtime senior trial partner vote. Cheryl Wattley, nominated to the at the Denver law firm of Rothberger, Robert Cindrich was nominated to U.S. District Court for the Northern Johnson & Lyons, special advisor to the U.S. Court of Appeals, Third Cir- District of Texas on December 12, 1995, the President of the United States and cuit, February 9, 2000, no hearing, no did not receive a hearing or vote in the Secretary of State for economic vote. committee. The Dallas Morning News initiatives in Ireland and Northern Ire- David Fineman was nominated to the reported in 1996 that she was supported land. He couldn’t get a hearing. He was U.S. District for the Eastern District of by both home State Senators. Again, adjudged well qualified by the ABA. Pennsylvania on March 9, 2000, no hear- no reason—probably filibustered be- I don’t see where anybody is con- ing, no vote. cause one or two or three didn’t like cerned about these injustices, and that Linda Riegle was nominated to the her for one reason or another. is what they were—real injustices. U.S. District for the District of Nevada Michael Schattman, nominated to John Snodgrass was nominated to on April 25, 2000, no hearing, no vote in the U.S. District Court for the North- the U.S. District Court, Northern Dis- committee. ern District of Texas, December 19, trict of Alabama, September 22, 1994, Ricardo Morado was nominated to 1995, and renominated on March 21, renominated January 11, 1995. He did the U.S. District for the Southern Dis- 1997, did not receive a hearing, was not not receive a hearing or a committee trict of Texas on May 11, 2000, no hear- voted on in committee. His nomination vote. His nomination was withdrawn ing, no vote. at his request was withdrawn on July on September 5, 1995. Stephen Orlofsky was nominated to 1998 after 21⁄2 years of inaction by the Anabelle Rodriguez was nominated to the U.S. Court of Appeals, Third Cir- committee. This man was a Texas the U.S. District Court for the District cuit, May 25, 2000, no hearing, no vote. State district court judge in Fort of Puerto Rico, January 26, 1996, re- Gary Sebelius was nominated to the Worth. He had previously been a coun- nominated March 21, 1997. A committee U.S. District for the District of Kansas ty court judge. And to add insult to in- hearing was held on October 1 of 1998, on June 6, 2000, no hearing, no vote.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.026 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4813 Kenneth Simon was nominated to the President of a different party? I don’t ber had plummeted to 27—the lowest U.S. District for the Northern District think so. I think what is sauce for the level of vacancies since the Reagan era. of Alabama on June 6, 2000, no hearing, goose is sauce for the gander. I pointed Of the 8 nominees reported out of no vote. out two uses of filibusters for judicial committee this year, four have already John S.W. Lim was nominated to the appointments by Republicans, one in been confirmed. One, Thomas Griffith, U.S. District for the District of Hawaii 1881 and one in 1968. is waiting a vote, and the remaining on June 8, 2000, no hearing, no vote. Mr. COCHRAN. Mr. President, will three are controversial nominees who And there are those, you might say, the Senator yield for a question? were defeated last Congress: William that came under the Thurmond rule. Mrs. FEINSTEIN. I certainly will. Myers, Priscilla Owen, and Janice Rog- There is sort of an informal practice Mr. COCHRAN. Mr. President, I am ers Brown. that in the last few months of a Presi- curious to know when the Senator In addition, President Bush has sent dent’s tenure, the hearings do not go plans to complete her remarks. At the the Senate but one new judicial nomi- forward. Again, that is not a rule; it is beginning of her remarks, she assured nation this year. Brian Sandoval of Ne- a practice. the Senate that she would take about vada is the only new judicial nomina- Christine Arguello, nominated to the 30 minutes. We are on the conference tion sent to the Senate in the first five U.S. Court of Appeals, Tenth Circuit, report on the supplemental appropria- months of this year. He has bipartisan on July 27, 2000. tions bill which is an urgent supple- support from his home State Senators Andre Davis, nominated to the U.S. mental bill. We have about 4 hours di- and appears to be a consensus nominee. Court of Appeals, Fourth Circuit, on vided among Senators on both sides to Again, what do these numbers mean? October 6, 2000. complete debate. I don’t want to push They mean there is no crisis on the fed- Elizabeth Gibson, nominated to the the Senate into the evening hours, if eral bench that justifies the so-called U.S. Court of Appeals, Fourth Circuit, we are going to have a prolonged dis- nuclear option as some of my Repub- on October 26, 2000. cussion of this issue when we thought lican colleagues contend. David Cercone, nominated to the U.S. it was going to be 30 minutes. It is al- To me, the record I just described District Court for the Western District most an hour now. and the reasons for opposing these lim- of Pennsylvania on July 27, 2000. Mrs. FEINSTEIN. I appreciate the ited number of nominees doesn’t lead Harry Litman, nominated to the U.S. Senator’s forbearance. He is a true gen- to the conclusion that the Senate District Court for the Western District tleman. Out of respect for him and for should be discussing breaking our own of Pennsylvania on July 27, 2000. the institution, I will conclude my re- institutional rules and unraveling the Valerie Couch, nominated to the U.S. marks. checks and balances established by our District Court for the Western District During the reorganization of the Sen- Constitution. Some have described this debate as a of Oklahoma on September 7, 2000. ate in 2000, Senators Daschle and strategy to change the rules. Changing Marian Johnston, nominated to the LEAHY worked to make the nomina- the rules is not only unacceptable, but U.S. District Court for the Eastern Dis- tions process more fair and public. This in this case it is inaccurate as well. trict of California on September 7, 2000. refining forced Senators opposed to a The nuclear option is a strategy to Steve Achelpohl, nominated to the nomination to be held accountable for break the rules. This isn’t just my as- U.S. District Court for the District of their positions. They could not hide be- sessment; it’s the conclusion drawn by Nebraska on September 12, 2000. hind a cloak of secrecy. This step also the Senate Parliamentarian and the Richard Anderson nominated to the wiped out many of the procedural hur- Congressional Research Service. U.S. District Court for the District of dles that have been used to defeat Last week, press reports reiterated Montana on September 13, 2000. nominations. So many of the tools used that Senator REID had been assured by Stephen Lieberman, nominated to by Republicans in the past, and re- the Parliamentarian that if the Repub- the U.S. District Court for the Eastern ferred to as a way to draw distinctions licans go through with this strategy District of Pennsylvania on September with a public cloture vote are no longer they would ‘‘have to overrule him, be- 14, 2000. available. This historical record is im- cause what they are doing is wrong.’’ And, Melvin Hall, nominated to the portant, yet it is too often lost in our The Congressional Research Service U.S. District Court for the Western debates. concluded in a recent report that to District of Oklahoma on October 3, I also believe it is useful to examine employ these tactics the Senate would 2000. the current state of judicial nomina- have to ‘‘overturn previous precedent.’’ What I have tried to show today is tions, and what has actually occurred ‘‘Proceedings of this kind, it is argued, that there is a certain amount of hy- in this body during President Bush’s would both break old precedent and es- pocrisy in what is going on today. The tenure: 208 judges confirmed out of 218; tablish new Senate precedents. Eventu- opposition cannot have any concern 95 percent of President Bush’s judges ally such a plan might even result in about one Clinton nominee or dozens of have been confirmed; the Senate has changes in Senate rules, while circum- Clinton nominees who received no confirmed 35 circuit court nominees; venting the procedures prescribed by hearing, no markup, no floor vote, but recently, the Judiciary Committee re- Senate rules.’’ suddenly they are upset because 41 of ported out 2 District Court and 1 Cir- So, shortly, the Senate will likely be us in public, eight of us in committee, cuit Court nominees; today, there are faced with a preemptive strike to vote no and believe that our views are only 4 judicial nominations on the Sen- break the rules. The term preemptive strong enough and substantive enough ate calendar waiting for a vote; and strike seems appropriate when there to warrant a debate on the floor of the there are only 45 total vacancies, both are only three controversial judges Senate in the true tradition of the Sen- district and circuit courts, and 29 do waiting for a vote—judges who were ate. And bingo, we are going to have a not have nominations submitted. previously defeated last Congress and change in the rules to prevent that What do these numbers mean? There have drawn strong opposition. from happening. Nobody is talking are more judges today sitting on the This is a move to wipe out 200 years about changing the rules so one person federal bench than in any previous of precedent when this Senate has only can’t filibuster; one person can’t, on a presidency. The Senate has confirmed been in session for just over 4 months, pique or because they don’t like the in- more judges for President Bush than in when this President has had over 200 dividual, condemn that individual. President Reagan’s first term, his fa- judges confirmed, and when the Judici- I can tell you, because I have been on ther’s only term, or President Clinton’s ary Committee reported favorably a this committee for 12 years, I have had second term. controversial circuit court judge who people call me and say: Look, I have The Senate confirmed more circuit was not voted on last Congress, but was three children. I have to know what is court judicial nominees than in Rea- renominated. This appears to me to be going to happen to me. I try to get in- gan’s or Clinton’s first term. When an escalation that is unwarranted in formation, can’t get that information. Democrats were in the majority in the reality of what has actually oc- I ask the majority of this body, is 2001, there were 110 vacancies and by curred and is happening in this session. that fair? Do you not feel aggrieved? Or the end of the 108th Congress and I find it ironic that while our country is that OK because it was a different President Bush’s first term, the num- fights abroad to establish democracy,

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.036 S10PT1 S4814 CONGRESSIONAL RECORD — SENATE May 10, 2005 to promote checks and balances, and league from California. As we have Many of these costs perhaps were institute wide representation of all come to expect, her presentation was genuine emergencies, but many others people in government; here at home thorough, comprehensive, factually are not. I would not argue with many our leadership is attempting to erode and historically accurate. Much in the of the decisions made because I am those very protections in our own gov- debate that has occurred around the well aware of the importance of recapi- ernment. What kind of message are we so-called nuclear option has been heat- talizing our equipment, building back sending? ‘‘Do as I say, not as I do’’? ed. It has been rhetorical. It has been up our stores of arms that have been This debate over judicial nominees is filled with opinion. It has been, unfor- decreased through necessary action. a debate about privacy, women’s tunately, often devoid of either histor- But a good budgeting process would rights, civil rights, clean environment, ical or factual content. I personally ap- take all of that into account. Having access to healthcare and education; re- preciate greatly the Senator from Cali- this supplemental, unfortunately, with tirement security—we may not all fornia putting into the RECORD these the big title ‘‘emergency’’ over it ap- agree, but the beauty of our country is very carefully created remarks based pears to be an effort to rush things the freedom to disagree, to debate, and on facts. I hope no matter what hap- through to avoid congressional over- to require compromise because no one pens with this debate—and obviously, I sight and scrutiny. Obviously, a bill party has the corner on the market of hope the Senate comes to its senses that is going to provide funding for the good ideas and solutions—and no party and realizes that we owe an obligation young men and women wearing the has the corner on the market of polit- to the Constitution and the country— uniform of our country, in harm’s way ical power. historians will be able to look back and every single hour of every day, is going Democrats held the House majority read the very impressive statement of to command broad bipartisan and pub- for over 50 years, and now Republicans the Senator from California and know lic support, as it should. But that have been in the majority for over a what the facts were. I personally ex- doesn’t, in my opinion, in any way decade. Democrats held the White press my appreciation to her. mitigate against what should be the House for eight years, now the Repub- Mr. DORGAN. Will the Senator from necessity of an orderly process, an ap- licans will have occupied the White New York yield for a question? propriations process subject to the give House for eight years. Neither party Mrs. CLINTON. Yes. and take of opinion and fact, and argu- will always be right when it comes to Mr. DORGAN. Mr. President, I ask ment and reason and evidence, and the best policies for our country, and unanimous consent that I be recog- then the presentation of a budget that neither party will always be in power. nized at 2:15 for 15 minutes to discuss includes the expenses that are nec- There are many urgent problems the the supplemental. Senator BYRD is the essary for our military. Senate needs to be focused on and ranking member on the Appropriations I regret deeply that we are, once Americans’ want us to focus on: the Committee. If he is here and wishes to again, seeing an emergency bill being war in Iraq; protecting our homeland; speak at that time, I will yield the pushed through the Senate, as it was addressing the high cost of prescription floor to him. In the absence of that, I pushed through the House last week, drugs; alleviating rising gas prices; en- ask consent. when instead we should be having an suring our social security system is The PRESIDING OFFICER. Without orderly process looking at these mat- stable and working; and reducing the objection, it is so ordered. ters within the budget and making de- federal deficit. The Senator from New York. cisions based on that process. I am troubled that instead today we Mrs. CLINTON. Mr. President, I rise During the Armed Services Com- are spending much of our time on polit- to address the emergency supplemental mittee hearing on this supplemental ical posturing gone too far—on a strat- appropriations conference report. When request, a number of my colleagues egy to unravel our constitutional the vote occurs, it is likely to be, if not asked why projects that ordinarily are checks and balances. unanimous, very close to being unani- included in the regular Department of Cold War commentator Walter mous. And why? Because this con- Defense budget were being shifted to Lippman once said, ‘‘In making the ference report contains the funding the supplemental. I really was quite great experiment of governing people that is needed by our brave troops in taken aback when the military leader- by consent rather than by coercion, it Iraq and Afghanistan. It contains fund- ship said they didn’t know, that they is not sufficient that the party in ing to provide necessary resources to were just told they should put it out power should have a majority. It is just equip our troops and to do the military for the supplemental. The civilian lead- as necessary that the party in power construction that is necessary. I will ership present at the hearing could not should never outrage the minority.’’ vote for this conference report. But I offer a much better explanation. So it And today, we are outraged. want to record some serious reserva- is regrettable that we are making these I would hope that the majority would tions about this process. First, the important, literally life-and-death de- not choose to unravel that foundation emergency supplemental appropria- cisions once again in an emergency over a small handful of nominees. I tions process is destined to be just supplemental as opposed to the regular would hope we would continue to honor that. It is a way to fund unforeseen budget. the tradition of our democracy. I would emergencies outside of the usual budg- Also, it is regrettable that the ad- hope the President will urge others in etary process. ministration is not providing a proper his party to walk away from this nu- Unfortunately, once again, we are accounting of how funds are being clear strategy. And I know if the shoe funding the cost of the military in spent in Iraq. According to recent re- was on the other foot, I would not ad- Iraq, Afghanistan, and elsewhere, as ports, Government auditors found that vocate breaking Senate rules and well as a legitimate emergency, such American officials rushed to start precedent. as the tsunami relief provisions in the small building projects in a large area Regardless of how this debate con- bill, through an emergency. I am privi- of Iraq during 2003 and 2004. They did tinues to unfold, I remain committed leged to sit on the Senate Armed Serv- not keep the required records that to evaluating each candidate on a case ices Committee, which is responsible would tell us how they spent $89.4 mil- by case basis, and I will continue to en- for presenting the authorization for the lion in cash. They cannot account for sure that judicial nominees are treated budget for the Department of Defense, at least $7.2 million more. This is a fairly and even-handedly, but I will not and during several of our hearings over very serious question. If we are appro- fail to raise concerns or objections the last several months, I, among a priating this money and we are sending when there are legitimate issues that number of my colleagues on both sides it for both military and reconstruction need to be discussed. of the aisle, have asked our civilian purposes to Iraq, we have a right to ex- The PRESIDING OFFICER. The Sen- and military leadership from the De- pect that records will be kept so we can ator from New York. partment of Defense how they explain determine whether it is being spent in Mrs. CLINTON. Mr. President, before the fact that once again the costs for the appropriate manner. I make my remarks on the supple- Iraq and Afghanistan are not in the We have also heard that millions of mental appropriations conference re- budget; they are in the emergency sup- dollars of Iraqi reconstruction funds port, I commend my friend and col- plemental. that have been appropriated have also

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.037 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4815 not been spent. A large reason for that our troops the resources they need to Security to waive legal requirements is security. But why come back for fight terrorism on the front lines is not that stand in the way of constructing more money when we cannot spend the the place for broad, sweeping immigra- barriers and roads along the border. money we have already appropriated? tion reform. That is what REAL ID is. The only check is limited judicial re- It is heartbreaking to me that there is There may be parts of it that we could view. This is quite a tremendous grant so little oversight from this Congress agree on if we ever had a chance to de- of authority to one person in our Gov- with respect to this administration. bate it. Other parts go too far and don’t ernment. I am sure there are some rea- There are no rigorous hearings being fulfill the purpose of making our coun- sons why we would want to expedite a held to determine whether we are try more secure. process to try to have better security spending money correctly, how it is I am in total agreement with those along our borders. But to give this un- being spent, where all of the cash is who argue that we need to address our checked responsibility to the Sec- going. The first time I flew into Iraq, I immigration challenges, and we are retary, with limited judicial review— flew from Kuwait to Baghdad on a C– still not doing what we should to fulfill that is a slippery slope, my friends. We 130. The back of it was loaded with the demands of homeland security. I are sliding further and further toward cash—dollars. They were being taken think they go hand-in-hand. If we can- absolute power and the removal of our into Baghdad to be spent for God not secure our borders, we cannot se- checks and balances. knows what, and there is no account- cure our homeland. Everybody knows We also have to figure out how we ability. we are not securing our borders. Who are going to deal with the changes in It is remarkable that this Congress, are we kidding? We need a much tough- asylum rules that are in REAL ID. I at this important moment in American er, smarter look at these issues. But am very proud of the fact that our history, is not exercising its constitu- instead we are taking a piece of legisla- country has always welcomed asylum- tional oversight responsibilities. Dur- tion passed by the House, jammed into seekers and refugees. There is a city in ing the Second World War, Harry Tru- supplemental emergency appropria- New York, Utica, which is known as man, a Democratic President, with a tions for our troops, and we are going one of the most welcoming places for Democratic Congress, held hearings to up-end the way we do driver’s li- refugees in the entire country. I am so censes throughout our country, and we about where money was going in World proud of the people of Utica. They have are going to claim we have now made War II. In the 1960s, Senator Fulbright, taken in Bosnians, Kosovars, Soma- America safer. with a Democratic President and a lians, all kinds of refugees—people who I think that is a false claim. I regret could not stay in their home country Democratic Congress, held hearings deeply that we are rushing to pass this about our policies and actions in Viet- and were desperate for some place of emergency bill with this so-called refuge. Under these new rules, we will nam. We have a Republican President, REAL ID in it. We need to reform our a Republican Congress—hear no evil, see whether America remains the place immigration laws. We need to make of welcome, whether we fulfill our obli- see no evil, speak to evil; we don’t our borders more secure. But we need a want to know. Questions are not gations to our fellow men and women. debate about how we are going to do I hope that the failure of having a asked—at least publicly. People have that. Isn’t it somewhat interesting to process with respect to REAL ID, the no idea where this money is going, who everyone in this Chamber that the continuing use of the supplemental ap- is getting it, and how it is being spent. richest, smartest country with the best propriations route for funding our These emergency supplementals have technology in the world cannot secure troops, which avoids the budget proc- even less oversight than the typical its borders? Why would that be? Well, ess, will at some point come to an end budget, which in this Congress is prac- part of the reason is because there are because the majority will no longer tically nothing. many people, particularly to our south, tolerate it. This is not good for any of So while we continue to spend bil- who are desperate for a better chance. us—to have these kinds of processes lions and billions of American taxpayer They literally risk their lives to come that really turn our constitutional sys- dollars, we don’t see the requisite ac- here. Part of it is because we have a lot tem upside down. countability occurring in this body to of employers who want to employ In the meantime, we need to send a determine whether we are spending them. So they know if they get here, message that we are able to have na- them appropriately. they will have a job. We are not having tional debates about sensitive issues, I am also deeply concerned that on a public national debate about this be- to debate judicial nominations on the an emergency supplemental to fund our cause, if we were, we would have to floor, using the rules that have really troops and fund the relief disaster in point fingers at these employers who stood the test of time and been good southeast Asia because of the tsunami, pick up illegal immigrants every single for the Senate and our country. We we are being asked to vote on some- day on street corners throughout don’t always win, but the Senate was thing called ‘‘REAL ID.’’ It is a provi- America, or who sign them up to work devised to protect minority rights. I sion meant to, in the supporters’ argu- in dangerous factories with very little represent a State of 19 million people. ment, make our country safer. How do health and safety regulation. The Presiding Officer represents a we know? We haven’t had hearings So come on, let’s not kid ourselves. much smaller State. He and I are about it in the Senate. We have not We have a serious security and immi- equal. That is the whole idea behind even had debate about it in the Senate. gration problem. But we are not ad- the setup of the Senate. I joined with Senator FEINSTEIN to try dressing it by jamming this provision Finally, let’s be sure that we do not to prevent immigration proposals from about driver’s licenses into our emer- piecemeal reform immigration—I use being tacked onto the supplemental. gency appropriations. We need to make the word ‘‘reform’’ advisedly—that we But we all know why that happened— our borders more secure. I have intro- have the kind of debate and com- because the administration backed up duced legislation 3 years in a row to prehensive reform that is so needed. I the House Republican leadership to have a northern border coordinator. I bet every one of the offices of my col- give them an opportunity to put the met with both Secretary Ridge and leagues is faced with what my office so-called REAL ID on a must-pass Secretary Chertoff. We don’t know who confronts every single day. We do lots piece of legislation; namely, legislation is in charge of the northern border. of casework. There are a lot of people to fund our troops. So without debate, Trying to figure out who is responsible who came here legally. They cannot without committee hearings, without for the northern border is like playing get their relatives into this country. process, we have the so-called REAL ID ‘‘Where is Waldo.’’ we cannot figure They cannot reunite their families. I in this emergency supplemental. that out. We are not taking simple want to have a reform that really pro- I am outraged that the Republican steps to rationalize our bureaucracy in vides benefits for legal immigrants. leadership, first in the House and now, Washington, to find out what our holes Mr. President, I hope we can deal unfortunately, in the Senate, would are and how they can be plugged, what with these issues in a better way that put this seriously flawed act into this policies would work if we were actually really reflects the best of the Senate emergency supplemental bill for our serious about improving security. going forward. troops in Afghanistan and Iraq. Emer- The REAL ID Act also gives total The PRESIDING OFFICER. The Sen- gency legislation designed to provide control to the Secretary of Homeland ator from Mississippi.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.027 S10PT1 S4816 CONGRESSIONAL RECORD — SENATE May 10, 2005 UNANIMOUS CONSENT REQUEST—COMMITTEE Peace resources diverted to address the Delays in Productive Safety Net Program MEETINGS tsunami. Finally, $112 million was in- (PSNP): This is a program designed to over- Mr. COCHRAN. Mr. President, before tended to restore food aid development come people’s dependence on food assistance. the Chair announces the recess for the projects that the United States has al- While this is an important step, continued policy luncheons, I have eight unani- robust response to emergency conditions is ready pledged to other countries this critical to ensure the success of more devel- mous consent requests for committees year. opmentally oriented programs. Unfortu- to meet during today’s session of the It troubles me, and it should trouble nately, this program, which was meant to Senate. They have the approval of the everyone here, that we may not be able begin in January 2005, didn’t start until late majority and minority leaders. I ask to deliver on those pledges. What a dis- March in most areas of the country and, in unanimous consent that these requests turbing message that sends to the rest some areas, still has not begun. Without be agreed to and the requests be print- of the world. It says that while we may going into details of why this foul-up oc- ed in the RECORD. talk a good game on food aid, you can- curred, the fact is that people targeted under The PRESIDING OFFICER. Is there not be too sure just where we stand the PSNP have, in most cases, not yet re- ceived the planned assistance and there are objection? when the going gets tough. The numbers in our amendment were now deteriorating health conditions, espe- Mr. GREGG. Mr. President, I object. cially in women and children. Many of the The PRESIDING OFFICER. Objec- not pulled out of thin air. They were chronically food insecure now face acute tion is heard. the result of close analysis of the world conditions, themselves. f situation. In light of new reports from Poor Resourcing of 2005 Appeal: Current Ethiopia, I worry that even the figures indicate that 66% of food needs are RECESS amounts included in our original pledged and only 10% of non-food needs. It The PRESIDING OFFICER. Under amendment may have been, in fact, too must be noted, however, that this includes the previous order, the hour of 12:30 conservative. an un-guaranteed WFP pledge. With the number of people requiring assistance con- p.m. having arrived, the Senate will Sadly, the conference reduced the food aid total to $240 million, a level tinually increasing, the level of resources re- stand in recess until the hour of 2:15 quired is certain to increase significantly. p.m. that is well below a split with the level While 66% sounds promising, it should be Thereupon, the Senate, at 12:31 p.m., proposed by the administration and noted that, using current assessments going recessed until 2:15 p.m. and reassem- adopted by the House. on, this figure may not adequately represent bled when called to order by the Pre- I ask unanimous consent that an the real need. Among the reasons for the low level of re- siding Officer (Mr. VOINOVICH). alert I received from several faith- based organizations about the situa- sources are: Donor attention being focused f tion in Ethiopia be printed into the on other emergencies (Darfur and tsunami), greater emphasis being placed within the EMERGENCY SUPPLEMENTAL AP- RECORD. PROPRIATIONS ACT FOR DE- There being no objection, the mate- country on PSNP rather than ongoing emer- FENSE, THE GLOBAL WAR ON gency needs, pressure to demonstrate that rial was ordered to be printed in the the country is moving away from annual TERROR, AND TSUNAMI RELIEF RECORD, as follows: Emergency Appeals, misleading recent WFP/ ACT, 2005—CONFERENCE RE- FLASH ALERT FROM JRP MEMBERS FAO crop assessment suggesting a 25% in- PORT—Continued ADDIS ABABA, ETHIOPIA—APRIL 2005 crease in yield over last year, and traditional The PRESIDING OFFICER. The Sen- The three Churches and two Church-re- food donors having their own constraints. Unless commitments o food and non-food ator from North Dakota. lated agencies (Ethiopian Orthodox Church, Ethiopian Catholic Church, Ethiopian Evan- items are made immediately, the JRP will Mr. DORGAN. Mr. President, I be- gelical Church Mekane Yesus, Catholic Re- not be able to pre-position food in the most lieve, by unanimous consent, I am to lief Services and Lutheran World Federa- severely affected areas prior to the rainy be recognized at 2:15 for 15 minutes. tion) who make up the ecumenical Joint Re- season which starts in June because of poor I allocate 21⁄2 minutes of that time to lief Partnership feel compelled to bring to road conditions at that time. This will lead the Senator from Wisconsin, Mr. KOHL. the public’s attention a situation that if not to further setbacks and great loss of life. The PRESIDING OFFICER. Without immediately addressed in a forceful manner It is with the above in mind, that the JRP is appealing to its traditional Partners to objection, it is so ordered. will bring about widespread disaster result- ing in untold suffering and death for a num- bring this situation to the world’s attention The Senator from Wisconsin. ber of people—a number that is rapidly ap- and to act as promptly as possible. Mr. KOHL. Mr. President, although I proaching the 8–10 million mark of Ethiopian With every best wish, we remain, the JRP will vote for this conference report, I people at risk in 2005. Members: feel obliged to alert my colleagues to a This humanitarian situation has thus far ETHIOPIAN ORTHODOX serious flaw. This bill does not provide received little international attention for a CHURCH, enough international food aid. And if variety of reasons, which in addition to the ETHIOPIAN CATHOLIC emerging reports are correct, I fear we reluctance of the Ethiopian Government to CHURCH, advertise it are the following: Severe ETHIOPIAN EVANGELICAL are about to enter a spring and summer drought conditions. The late start-up of the CHURCH MEKANE YESUS, of agony in some of the poorest parts of Ethiopian government’s national Productive CATHOLIC RELIEF SERVICES, the world. Safety Net Program (PSNP) which is meant LUTHERAN WORLD This situation troubles me a great to provide multi-year support to over 5 mil- FEDERATION. deal. Here we are, the strongest nation lion chronically food insecure people. The Mr. KOHL. This situation is not on Earth, and we are rightfully appro- lack of adequate resources to provide food going to go away. I have grave fears priating funds to maintain that and non-food assistance to 3.1 million acute food insecure people. that images coming out of places such strength. But with enormous strength Drought Conditions: The current reality is as Ethiopia in the coming months may comes a moral obligation to respond that the early belg rains (February/March) reveal a tragedy unfolding before our appropriately to pain and suffering. have failed in many areas, including East very eyes. And what is most troubling This bill fails to respond appropriately. and West Hararghe and Arsi zones of is that this may be a tragedy that we When the supplemental was first con- Oromiya, parts of Southern Nations Nation- could have helped avoid. sidered in this body, Senator DEWINE alities and Peoples (SNNP) and parts of I will soon be sending a letter to the and I and others offered an amendment Tigray. The situation is severe, with many pocket areas showing high levels of global President encouraging him to consider to provide a total of $470 million for acute and severe acute malnutrition in chil- other emergency authorities to address PL–480 food aid. That may sound like a dren under 5. As an example, reports from this dire situation. Specifically, we lot to some, but it totaled merely six- the Disaster Prevention and Preparedness will ask him to utilize the Bill Emer- tenths of 1 percent of the total spend- Commission (DPPC) indicate that large son Humanitarian Trust to address this ing in the bill. numbers of severely malnourished children pain and suffering. I urge all my col- Mr. President, $346 million of our are entering one hospital in East Hararghe leagues to join us in sending this mes- amendment was intended to meet the from three woredas seriously affected by sage to the President. malnutrition. U.S. share of world-wide food emer- There are rising and alarming levels of dis- The PRESIDING OFFICER. The Sen- gency needs as already identified by tress migration in certain areas, water is ator from North Dakota. the U.S. Government. Another $12 mil- particularly scarce in some areas and cereal Mr. DORGAN. Mr. President, I com- lion was slated to restore Food for prices are high. mend my colleague from Wisconsin. I

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