S7016 CONGRESSIONAL RECORD — SENATE July 18, 2002 litigation. It will allow States to stop The PRESIDING OFFICER (Ms. Standing Rules of the Senate, do hereby spending money on litigation and put CANTWELL). Are there any other Sen- move to bring to a close debate on Executive money in essential services, such as ators in the chamber desiring to vote? Calendar No. 825, the nomination of Richard The result was announced—yeas 56, R. Clifton, to be United States Circuit Judge being able to make available prescrip- for the Ninth Circuit. tion drugs to their citizens. nays 43, as follows: Jeff Bingaman, Patrick Leahy, Daniel I hope my colleagues will join in sup- [Rollcall Vote No. 182 Leg.] Inouye, Harry Reid, Tom Daschle, port of this bipartisan—tripartisan— YEAS—56 Dianne Feinstein, Orrin Hatch, Chuck amendment this evening and send a Akaka Dorgan Lincoln Grassley, Michael B. Enzi, Craig Thom- message that we support our States Baucus Durbin Mikulski as, Christopher Bond, Jeff Sessions, and we support their right to be in- Bayh Edwards Miller Jon Kyl, Rick Santorum, Pat Roberts, Biden Feingold Murray Trent Lott. volved in putting together efforts to Bingaman Feinstein Nelson (FL) The PRESIDING OFFICER. Under lower prices and make lifesaving medi- Boxer Graham Reed cine available to their citizens. Byrd Harkin Reid the previous order, the quorum call is I ask for the yeas and nays on my Cantwell Hollings Rockefeller waived. Carnahan Hutchinson Sarbanes The question is, Is it the sense of the amendment. Carper Inouye Schumer The PRESIDING OFFICER. Is there a Chafee Jeffords Senate that debate on Executive Cal- Smith (OR) sufficient second? Cleland Johnson endar No. 825, the nomination of Rich- Clinton Kennedy Snowe ard R. Clifton of Hawaii, to be United There appears to be a sufficient sec- Specter Collins Kerry States Circuit Judge for the Ninth Cir- ond. Conrad Kohl Stabenow The yeas and nays were ordered. Corzine Landrieu Torricelli cuit, shall be brought to a close? Ms. STABENOW. I suggest the ab- Daschle Leahy Voinovich The yeas and nays are required under sence of a quorum. Dayton Levin Wellstone the rule. The PRESIDING OFFICER. The Dodd Lieberman Wyden The clerk will call the roll. clerk will call the roll. NAYS—43 The assistant legislative clerk called The bill clerk proceeded to call the Allard Enzi Murkowski the roll. roll. Allen Fitzgerald Nelson (NE) Mr. REID. I announce that the Sen- Mr. REID. Madam President, I ask Bennett Frist Nickles ator from Iowa (Mr. HARKIN) is nec- Bond Gramm unanimous consent that the order for Roberts essarily absent. Breaux Grassley Santorum the quorum call be rescinded. Brownback Gregg Mr. NICKLES. I announce that the Sessions Senator from North Carolina (Mr. The PRESIDING OFFICER. Without Bunning Hagel Shelby objection, it is so ordered. Burns Hatch Smith (NH) HELMS) is necessarily absent. Campbell Hutchison Stevens The PRESIDING OFFICER. Are there f Cochran Inhofe Thomas Craig Kyl any other Senators in the Chamber de- Thompson UNANIMOUS-CONSENT AGREE- Crapo Lott siring to vote? MENT—EXECUTIVE CALENDAR DeWine Lugar Thurmond The yeas and nays resulted—yeas 97, Domenici McCain Warner nays 1, as follows: Mr. REID. Madam President, I ask Ensign McConnell unanimous consent that the cloture [Rollcall Vote No. 183 Ex.] NOT VOTING—1 vote on Executive Calendar No. 825, YEAS—97 Richard Clifton to be United States Helms Akaka Dorgan McConnell Circuit Court Judge, occur imme- The amendment (No. 4305), as modi- Allard Durbin Mikulski Allen Edwards Miller diately following the disposition of fied, was agreed to. Baucus Ensign Mr. DASCHLE. Madam President, I Murkowski Senator STABENOW’s amendment. I fur- Bayh Enzi Murray ther ask unanimous consent that fol- move to reconsider the vote. Bennett Feingold Nelson (FL) lowing the confirmation of Judge Clif- Mr. NICKLES. I move to lay that mo- Biden Feinstein Nelson (NE) tion on the table. Bingaman Fitzgerald Nickles ton, the Senate move to proceed to the Bond Frist The motion to lay on the table was Reed (RI) nomination of Richard Carmona to be Boxer Graham agreed to. Reid (NV) United States Surgeon General; that Breaux Gramm Mr. DASCHLE. Madam President, Brownback Grassley Roberts following the filing of cloture on the Bunning Gregg Rockefeller there are two additional votes. I ask Santorum nomination, the Senate resume legisla- unanimous consent that they be 10 Burns Hagel tive session; that the live quorum for Byrd Hatch Sarbanes minutes each. Campbell Hollings Schumer that cloture vote be waived, and that The PRESIDING OFFICER. Without Cantwell Hutchinson (AR) Sessions the cloture vote on the Carmona nomi- objection, it is so ordered. Carnahan Hutchison (TX) Shelby nation occur on Tuesday, July 23, at Mr. DASCHLE. Madam President, I Carper Inhofe Smith (NH) 10:30 a.m.; and that the preceding all Chafee Inouye Smith (OR) would like everybody to stay right Cleland Jeffords Snowe occur without any intervening action here. At the end of 10 minutes, we will Clinton Johnson Specter or debate. go to a third vote. That will be the last Cochran Kennedy Stabenow The PRESIDING OFFICER. Is there Collins Kerry Stevens vote for the week. I appreciate Conrad Kohl objection? Without objection, it is so everybody’s cooperation in staying Thomas Corzine Kyl Thompson ordered. Craig here and voting, and staying here for Landrieu Thurmond Mr. REID. Madam President, there is Crapo Leahy the second of the two votes. Then we Torricelli Daschle Levin also the possibility of a third vote this Voinovich will be finished for the evening. Dayton Lieberman evening on confirmation following the Warner f DeWine Lincoln two votes previously announced in this Dodd Lott Wellstone unanimous consent agreement. EXECUTIVE SESSION Domenici Lugar Wyden VOTE ON AMENDMENT NO. 4305, AS MODIFIED NAYS—1 Mr. REID. We are now ready to pro- NOMINATION OF RICHARD R. CLIF- McCain ceed to the Stabenow amendment. TON, OF HAWAII, TO BE UNITED NOT VOTING—2 Have the yeas and nays been ordered STATES CIRCUIT JUDGE FOR on Stabenow? Harkin Helms Mr. GREGG. Yes. THE NINTH CIRCUIT The PRESIDING OFFICER. On this The PRESIDING OFFICER. The yeas CLOTURE MOTION vote, the yeas are 97, the nays are 1. and nays have been ordered. The PRESIDING OFFICER. Under Three-fifths of the Senators duly cho- The question is on agreeing to the previous order, the Chair lays be- sen and sworn having voted in the af- amendment No. 4305, as modified. The fore the Senate the pending cloture firmative, the motion is agreed to. clerk will call the roll. motion, which the clerk will report. Mr. LEAHY. With today’s vote, the The legislative clerk called the roll. The legislative clerk read as follows: Senate will confirm its 11th judge to Mr. NICKLES. I announce that the CLOTURE MOTION our Federal Courts of Appeals and our Senator from North Carolina (Mr. We, the undersigned Senators, in accord- 59th judicial nominee since the change HELMS) is necessarily absent. ance with the provisions of rule XXII of the in Senate majority little more than

VerDate Mar 15 2010 20:42 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2002SENATE\S18JY2.REC S18JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 18, 2002 CONGRESSIONAL RECORD — SENATE S7017 one year ago. The Senate confirmed until it was withdrawn by President hearing on a Ninth Circuit nominee in the first Court of Appeals judge nomi- Bush in March 2001 without any Senate two years, earlier this year we had the nated by President Bush on July 20 last action of any kind. first hearing for a Sixth Circuit nomi- year and now, less than one year later Despite that recent history, the Ha- nee, Judge Gibbons, in almost five we are confirming the 11th. That is al- waii Senators support Mr. Clifton for years. Similarly, the hearing we held most one per month. that same vacancy. In contrast to the on the nomination of Judge Edith By contrast, the Republican majority treatment that Mr. Duffy received, Mr. Clement to the Fifth Circuit last year that preceded us averaged seven Court Clifton’s nomination was scheduled for was the first on a Fifth Circuit nomi- of Appeals confirmations every 12 a hearing less than 60 days after his file nee in seven years and she was the first months. During an entire session of and paperwork were completed. Mr. new appellate judge confirmed to that Congress, 1996, the Republican major- Duffy waited 791 days and never got a Court in six years. When we held a ity allowed no circuit court nominees hearing. When partisan critics charge hearing on the nomination of Judge to be confirmed, not one. The Repub- Democrats with tit-for-tat and seeking Harris Hartz to the Tenth Circuit last lican majority confirmed 46 Court of revenge, they ignore the facts. The year, it was the first hearing on a Appeals judges in 78 months. While confirmation of Richard Clifton is an- Tenth Circuit nominee in six years and they were in the majority vacancies on other example of Democrats treating he was the first new appellate judge the Courts of Appeals more than dou- President Bush’s judicial nominees far confirmed to that Court in six years. bled, going from 16 to 33. Since the better than Republicans treated Presi- When we held the hearing on the nomi- change in majority the numbers are dent Clinton’s. nation of Judge Roger Gregory to the Today’s vote on Mr. Clifton’s nomi- going in the right direction—vacancies Fourth Circuit last year, it was the nation should provide some relief to are going down and confirmations have first hearing on a Fourth Circuit nomi- the Ninth Circuit, which has four va- significantly increased. We would be nee in three years and he was the first cancies that have been classified as doing even better with a little coopera- appellate judge confirmed to that court ‘‘judicial emergency’’ vacancies by the tion from the Administration and the in three years. U.S. Courts. Two of those vacancies are Republican leadership, which created Large numbers of vacancies continue more than five years old. They date roadblocks to the consideration of all to exist on many Courts of Appeals, in back to 1996 and 1997, and there were judicial nominations by the full Senate large measure because the recent Re- two outstanding nominees to those since May. publican majority was not willing to seats. I have mentioned the nomina- The nominee voted on today, Richard hold hearings or vote on more than tion of James Duffy. The other nomi- Clifton, was one of the 78 nominees to half—56 percent—of President Clinton’s nee was Barry Goode of California, receive a hearing in the first year since Courts of Appeals nominees in 1999 and whose nomination also languished for the reorganization of the Judiciary 2000 and was not willing to confirm a years without ever getting a hearing or Committee on July 10, 2001. In that pe- single judge to the Courts of Appeals riod, we held more hearings for more a vote. When Barry Goode was first nomi- during the entire 1996 session. Demo- circuit court nominees than in any of nated to a Ninth Circuit vacancy in crats have broken with that recent his- the prior six years of Republican con- 1998 it was already a judicial emer- tory of inaction. trol. In fact, we have had hearings for gency. Both of his home-state Senators I would like to commend in par- more judicial nominees in the past supported the nomination but the Re- ticular the Senators from Hawaii and year than in 20 of the last 22 years publican leadership refused to act. Mr. also the members of the Judiciary under Republican or Democratic presi- Goode was nominated not once, not Committee for their efforts to consider dents. Those who wish to paint the twice, but three times to the Ninth Cir- scores of judicial nominees for whom Senate as obstructionist ignore the cuit and he never was given the cour- we have held hearings and on whom we facts and the fair treatment by the tesy of a hearing or a vote during al- have had votes during the last several Senate of President Bush’s judicial most 1,000 days (998 days). In March of months. nominees. They focus instead on the 2001, President Bush withdrew Mr. Mr. HATCH. Madam President, I rise most controversial nominees who do Goode’s nomination but he has not to support the nomination of Richard take more time, rather than the vast nominated anyone to this judicial R. Clifton to be U.S. Circuit Court majority who have received hearings emergency vacancy. It remains one of a Judge for the Court of Appeals for the and been confirmed in bipartisan votes number of judicial emergency vacan- Ninth Circuit. Before I speak directly of the Senate. They would rather use cies for which there is no nominee and about him and his nomination, how- misleading percentage calculations one of the 43 judicial vacancies for ever, I would like to take just a mo- that obscure the fact that the Demo- which there is no nominee. ment to make a few comments about cratic-led Senate is considering Presi- The Ninth Circuit vacancies are a the Ninth Circuit. dent George Bush’s nominees at one of prime and unfortunate legacy of the I think it’s safe to say that everyone the fastest paces in recent history. partisan obstructionist practices dur- in the Senate agrees that the Ninth I commend Senators Inouye and ing the Republican control of the Sen- Circuit decision in Newdow v. U.S. Con- Akaka for the statesmanship they have ate. Some are now complaining that a gress, striking down the Pledge of Alle- shown in connection with this nomina- few nominees are waiting a year for giance as unconstitutional because it tion. I remember very well their impor- hearing. Even though the anniversary contains the phrase under God, was out tant efforts to establish the Hawaii of the reorganized Judiciary Com- of the mainstream of American juris- seat on the Ninth Circuit and to try to mittee with a Democratic majority was prudence. After all, the Senate voted 99 fill it with a qualified nominee. I voted July 10, and we have already held hear- to 0 to reaffirm the reference to One with them and supported their effort to ings for 16 Court of Appeals nominees Nation Under God in the pledge of alle- ensure that every State, even States as among the 78 total judicial nominees giance—right after the decision was an- small as Hawaii and Vermont, are rep- who had hearings in our first year. nounced. resented on our Courts of Appeals. I also recall how all confirmations to But to me, the decision was more I recall the saga of the nomination of the Ninth Circuit from California were than wrong. It was an outrageous ex- James Duffy to fill the Hawaii seat on stalled by the demands of a Republican ample of judicial activism and over- the Ninth Circuit, how hard they Senator not from that State to be reaching—of inappropriate, results-ori- worked to find a consensus nominee given the ability to name a Court of ented policymaking from the bench. and how that nomination was stalled Appeals judge from his State. With the And it is a clear example of how the for years. Despite the ‘‘Well Qualified’’ support of the Republican leadership in Ninth Circuit is failing to serve the rating he received from the ABA and the Senate, that Republican Senator best interests of the western states of the strong support of both his home- succeeded in getting President Clinton California, Arizona, Nevada, Idaho, state Senators, Mr. Duffy never re- to accord him that prerogative in order Montana, Washington, Oregon, Alaska, ceived a hearing or a vote. He was nom- to break that logjam. and Hawaii. inated at the beginning of 1999 and re- Just as the May 9th hearing on Mr. The Ninth Circuit has 28 authorized mained pending for over two full years Clifton’s nomination was the first judgeships. There are 23 active judges,

VerDate Mar 15 2010 20:42 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2002SENATE\S18JY2.REC S18JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7018 CONGRESSIONAL RECORD — SENATE July 18, 2002 and thus 5 vacancies. Seventeen of curities transactions, class actions, gencies despite President Clinton’s those 23 were appointed by Democrat debtor/creditor law, and trademarks. nominations of several well-qualified Presidents—14 by President Clinton Mr. Clifton is the sold male director individuals supported by their home- alone—and only 6 were appointed by with the Hawaii Women’s Legal Foun- state Senators and local legal commu- Republicans. dation, a member of the Hawaii Women nities. The Administrative Office of United Lawyers, a member of the Hawaii I congratulate and commend Chair- States Courts has labeled all five va- Chapter of the American Judicature man LEAHY for his leadership in work- cancies on the Ninth Circuit as ‘‘judi- Society, and director of the Ninth Ju- ing to confirm qualified nominees to cial emergencies’’ given the enormous dicial Circuit Historical Society. the Federal bench and rectify the dou- per-judge caseload on the Ninth Cir- For approximately ten years, Mr. bling in circuit court vacancies that cuit. Clifton was an adjunct professor at the occurred between 1995 and 2001. In this The Ninth Circuit takes several University of Hawaii William S. Rich- instance, the Judiciary Committee months longer than other circuits to ardson School of Law, where he taught scheduled a hearing on Mr. Clifton’s dispose of cases. The average time from appellate advocacy. He served as Chair- nomination less than 60 days after his filing to disposition is approximately man of Hawaii Public Radio for five file and paperwork were completed. As 14 months. years and remains a director and mem- both Chairman and Ranking Member, In addition, as is well known and has ber of its executive committee. He has Senator LEAHY has worked with Sen- been widely observed, including by sev- served as pro bono general counsel to ator INOUYE and me to fill the Hawaii eral Supreme Court Justices, the Ninth the Hawaii Republican Party since seat on the Ninth Circuit. I appreciate Circuit has often decided cases in a 1991. his commitment to ensure that every manner that is well outside the main- Mr. Clifton has a reputation for ex- State is represented on our Courts of stream of American law and entirely cellence. Among other honors, Mr. Clif- Appeals. inconsistent with binding Supreme ton was named as one of the 18 finest As the Chairman recently noted, Mr. Court precedent. In 1999–2000, the Su- lawyers in Hawaii for business litiga- Clifton’s confirmation concludes a long preme Court considered 10 Ninth Cir- tion in 2001. He is widely respected by and regrettable saga in confirming a cuit cases and reversed 9 of them. In the legal community in Hawaii. qualified nominee from Hawaii. In 1999, 1998–99, the Supreme Court considered I proudly join my distinguished col- the President nominated James Duffy 18 Ninth Circuit cases and reversed 14 leagues from Hawaii, Senators INOUYE of Hawaii to the Ninth Circuit. He was of them. In 1997–98, the Supreme Court and AKAKA, in supporting Mr. Clifton’s selected after an exhaustive screening considered 17 Ninth Circuit cases and nomination to the Ninth Circuit Court process, following an admirable effort reversed 13 of them. And in 1996–97, in of Appeals, and I urge my colleagues to by the White House to consult widely an extraordinary Term, the Supreme do the same. Richard Clifton will serve with political, legal, and community Court considered 28 cases from the well on the federal bench in Hawaii. leaders in Hawaii. Mr. Duffy was en- Ninth Circuit and reversed 27 of them. Mr. AKAKA. Mr. President, I rise dorsed as ‘‘the best of the best’’ by the All of this makes clear why it is so today in support of the nomination of Hawaii State Bar Association. Despite important for the Senate to consider— Mr. Rick Clifton to the United States his sterling reputation, the nomination and confirm—President Bush’s nomi- Court of Appeals for the Ninth Circuit. languished for 791 days in the Judiciary nees to the Ninth Circuit. We have two I commend our Majority Leader, the Committee without ever receiving a excellent candidates pending in the Ju- Deputy Majority Leader, and the hearing. Mr. Duffy is one of the well- diciary Committee right now. Chairman of the Judiciary Committee qualified and talented men and women Judge Carolyn Kuhl has extensive ex- for the progress made on judicial nomi- nominated by the President to the perience in federal and state govern- nations during the 107th Congress. Ha- Ninth Circuit and other Courts of Ap- ment, in the Executive and Judicial waii has waited a number of years for peals, individuals with bipartisan and Branches, in public service and private Senate confirmation of a Hawaii resi- home-state support whose nominations legal practice. She has a superb legal dent for a position on the U.S. Court of were never acted on by the Senate. background and broad experience that Appeals for the Ninth Circuit. I mention this unfortunate chapter makes her ideally suited to be an ex- In 1995, I introduced legislation to re- not to air past grievances, but to un- cellent circuit judge. And the same quire representation on the court from derscore the challenges facing the goes for Jay Bybee, who currently each State within the jurisdiction of Chairman of the Judiciary Committee serves as Assistant Attorney General the court. We have waited many years and the Majority Leader in bringing for the Office of Legal Counsel at the for this opportunity. I am pleased that nominations before the Senate for ac- U.S. Department of Justice. I urge the Hawaii will finally have a Justice on tion. In an exceptionally evenhanded Judiciary Committee to hold hearings the Ninth Circuit. manner, they have worked to overcome on these nominees without further Rick Clifton has had a distinguished the partisanship and stalling practices delay. legal career. The Hawaii State Bar As- that precipitated many of the judicial Now, I would like to turn to the mat- sociation found him to be highly quali- emergencies and vacancies some of our ter directly at hand, the confirmation fied for this position. A graduate of colleagues on the other side of the aisle of Richard R. Clifton to the Ninth Cir- Princeton University, he received his have recently come to this floor to cuit Court of Appeals. Shortly fol- juris doctorate from Yale Law School decry. lowing graduation from Yale Law in 1975. Mr. Clifton has practiced law in Today’s confirmation vote for Mr. School, Mr. Clifton moved to Hawaii to Hawaii since 1975 and has been a part- Clifton’s nomination attests to the clerk for the Honorable Herbert Y.C. ner with the law firm of Cades Schutte fairness that the Majority Leader and Choy of the U.S. Circuit of Appeals for Fleming & Wright in Honolulu, HI, Senator from Vermont have restored to the Ninth Circuit, the first and only since 1982. He has extensive legal expe- the judicial confirmation process in Hawaiian to serve on that court. Nota- rience in civil litigation, primarily the past year. I thank them for their bly, Mr. Clifton will be the second. business and commercial litigation. I support. After his clerkship, Mr. Clifton believe he will be an asset to the Court Mr. LEAHY. Madam President, have joined the Honolulu law firm of Cades of Appeals for the Ninth Circuit and the yeas and nays been ordered on the Schuttle Fleming & Wright, one of the urge my colleagues to support his nom- nomination? oldest and largest firms in Hawaii. He ination. The PRESIDING OFFICER. They has remained with that firm since The confirmation of Mr. Clifton will have not. then, becoming a partner in 1982. His help to alleviate hardships confronting Mr. LEAHY. I ask for the yeas and practice has focused on business and the Ninth Circuit brought about by nays. commercial litigation, with an empha- four long-term vacancies on the Court. The PRESIDING OFFICER. Is there a sis on complex litigation and appellate A number of these vacancies date back sufficient second? practice. over five years, spanning a period There is a sufficient second. Mr. Clifton has ably handled cases in where the previous Senate majority re- The question is, Will the Senate ad- the areas of condemnation, tax law, se- fused to act on these judicial emer- vise and consent to the nomination of

VerDate Mar 15 2010 20:42 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2002SENATE\S18JY2.REC S18JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 18, 2002 CONGRESSIONAL RECORD — SENATE S7019 Richard R. Clifton, of Hawaii, to be H. Carmona, of Arizona, to be the Surgeon comprehensive, and reliable universal United States Circuit Judge for the General of the Public Health Service. prescription drug coverage. This cov- Ninth Circuit? The clerk will call the Edward M. Kennedy, Debbie Stabenow, erage will be available to 39 million roll. Tom Daschle, Harry Reid, Jack Reed, older Americans and disabled citizens Richard J. Durbin, Barbara Mikulski, The legislative clerk called the roll. Patrick Leahy, Jean Carnahan, Tom who are covered by Medicare—citizens Mr. NICKLES. I announce that the Carper, Byron L. Dorgan, Paul who voluntarily elect to participate in Senator from North Carolina (Mr. Wellstone, Jon Corzine, Jeff Bingaman, this new Medicare benefit. More than HELMS) and the Senator from Ohio (Mr. Daniel Inouye, Kent Conrad. 2,750,000 of those 39 million live in my State of Florida and, as have citizens VOINOVICH) are necessarily absent. f The PRESIDING OFFICER. Are there across America, been waiting year any other Senators in the Chamber de- LEGISLATIVE SESSION after year after year for Congress to fi- siring to vote? The PRESIDING OFFICER. The Sen- nally deliver on the commitment that The result was announced—yeas 98, ate will now return to legislative ses- we have made to modernize Medicare nays 0, as follows: sion. through the provision of a prescription [Rollcall Vote No. 184 Ex.] drug benefit. f YEAS—98 When I made remarks on this issue on Tuesday of this week, I based those Akaka Dorgan Lugar GREATER ACCESS TO AFFORD- Allard Durbin McCain ABLE PHARMACEUTICALS ACT remarks on six principles that I believe Allen Edwards McConnell OF 2001—Continued should be the touchstone for an afford- Baucus Ensign Mikulski able, comprehensive universal prescrip- Bayh Enzi Miller AMENDMENT NO. 4309 tion drug benefit for senior Americans. Bennett Feingold Murkowski Biden Feinstein (Purpose: To amend title XXIII of the Social Let me briefly reiterate those six prin- Murray Security Act to provide coverage of out- Bingaman Fitzgerald Nelson (FL) ciples. patient prescription drugs under the medi- Bond Frist Nelson (NE) First, we must modernize the Medi- Boxer Graham Nickles care program) care Program. We must bring Medicare Breaux Gramm Reed Mr. GRAHAM. Madam President, I Brownback Grassley into the 21st century. In my judgment, Reid Bunning Gregg send to the desk an amendment, which Roberts the provision of a prescription drug Burns Hagel Rockefeller reflects the contents of S. 2625, the benefit is the single most important re- Byrd Harkin Santorum Medicare Outpatient Prescription Drug Campbell Hatch form of the Medicare Program that we Sarbanes Cantwell Hollings Act of 2002. can make. Why is this benefit so cen- Carnahan Hutchinson Schumer The PRESIDING OFFICER. The tral? Because in the 37 years since the Carper Hutchison Sessions Shelby clerk will report the amendment. Medicare Program was created, the Chafee Inhofe The legislative clerk read as follows: Cleland Inouye Smith (NH) practice of medicine has been fun- Clinton Jeffords Smith (OR) The Senator from Florida [Mr. GRAHAM], damentally altered by the use of pre- Cochran Johnson Snowe for himself, Mr. MILLER, Mr. KENNEDY, and scription drugs. Specter Collins Kennedy Mr. CORZINE, proposes an amendment num- Prescription drugs have improved the Conrad Kerry Stabenow bered 4309. Corzine Kohl Stevens quality of people’s lives. They have re- Craig Kyl Thomas Mr. GRAHAM. Madam President, I duced long recovery periods, and they Crapo Landrieu Thompson ask unanimous consent that further sometimes can even avoid surgeries Daschle Leahy Thurmond reading of the amendment be dispensed and disabling illnesses, such as strokes Dayton Levin Torricelli DeWine Lieberman Warner with. and heart attacks. Dodd Lincoln Wellstone The PRESIDING OFFICER. Without We must convert Medicare from a Domenici Lott Wyden objection, it is so ordered. program which, since its inception in NOT VOTING—2 (The amendment is printed in today’s 1965, has focused on sickness. If you are Helms Voinovich RECORD under ‘‘Text of Amendments.’’) sick enough to go to the doctor or to the hospital, Medicare will pay 77 per- The nomination was confirmed. AMENDMENT NO. 4310 (Purpose: To amend title XVIII of the Social cent, on average, of your costs. But if f Security Act to provide for a medicare vol- you want to maintain the highest level NOMINATION OF RICHARD R. untary prescription drug delivery program of health, which generally involves CARMONA, OF ARIZONA, TO BE under the medicare program, to modernize screening, early intervention, and pre- MEDICAL DIRECTOR IN THE REG- the medicare program, and for other pur- scription drugs to monitor the condi- ULAR CORPS OF THE PUBLIC poses) tion, Medicare will pay nothing. HEALTH SERVICE Mr. HATCH. Madam President, I send Medicare must be converted from a an amendment to the desk. sickness program to a wellness pro- The PRESIDING OFFICER. Under The PRESIDING OFFICER. The gram if it is to serve the needs of sen- the previous order, the clerk will re- clerk will report. ior Americans in the 21st century. That port Executive Calendar No. 921. The legislative clerk read as follows: is the first principle. The assistant legislative clerk read The Senator from Utah [Mr. HATCH], The second principle is that bene- the nomination of Richard H. Carmona, ficiaries must be provided with a real for Mr. GRASSLEY, for himself, Ms. of Arizona, to be Medical Director in benefit. To be successful, this program SNOWE, Mr. JEFFORDS, Mr. BREAUX, Mr. the Regular Corps of the Public Health must attract a wide variety of bene- HATCH, Ms. COLLINS, Ms. LANDRIEU, Mr. Service. ficiaries. The PRESIDING OFFICER. The ma- HUTCHINSON, and Mr. DOMENICI, pro- The program will be voluntary, so it jority leader is recognized. poses an amendment numbered 4310. must attract enrollment with reason- CLOTURE MOTION Mr. HATCH. I ask unanimous consent able and reliable prices and a benefit Mr. DASCHLE. Madam President, I that further reading of the amendment that pays off from day one. In this send a cloture motion to the desk. be dispensed with. manner, we will be able to attract all The PRESIDING OFFICER. The clo- The PRESIDING OFFICER. Without seniors, from those who today have ture motion having been presented objection, it is so ordered. high drug needs to those who are under rule XXII, the Chair directs the (The amendment is printed in today’s healthy but might be concerned that clerk to read the motion. RECORD under ‘‘Text of Amendments.’’) they, too, could be struck down with a The assistant legislative clerk read Mr. GRAHAM. Madam President, heart attack or other disabling condi- as follows: this amendment represents the essence tion. CLOTURE MOTION of S. 2625, which currently, in addition If we are able to have a program that to those who cosponsored this amend- will attract that broad range of elderly We, the undersigned Senators, in accord- ance with the provisions of rule XXII of the ment, has 29 other colleagues’ sponsor- in terms of their current state of Standing Rules of the Senate, hereby move ship. health, then we will have a program to bring to a close the debate on Executive This legislation is designed to pro- that will be actuarially solid for years Calendar No. 921, the nomination of Richard vide to American seniors affordable, to come.

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