SENATE—Monday, June 6, 2005

June 6, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 11635 SENATE—Monday, June 6, 2005

The Senate met at 2 p.m. and was have a short statement. We will have a which is always very hectic. We need to called to order by the President pro full day of debate today on the nomina- turn to that as soon as we can. I hope tempore (Mr. STEVENS). tion of Janice Rogers Brown. To allow we can move through the appropria- for an orderly debate, I now ask unani- tions bills one at a time and not have PRAYER mous consent that following the re- to do an omnibus or a continuing reso- The Chaplain, Dr. Barry C. Black, of- marks of myself and the Democratic lution. That would be better for indi- fered the following prayer: leader, the chairman of the Judiciary vidual Senators, our States, and our Let us pray. Committee be recognized to speak. country. Almighty God, creator and sustainer Further, I ask that the time from 3 to As I have said, we have devoted a lot of the universe, take the misshapen 4 be under the control of the Demo- of time to this situation on judges. clay of our lives and remake us into cratic leader or his designee, and the After this week, we should be able to vessels fit for Your use. Remind us that time from 4 to 5 be under the control of move on to other items. I hope so. we may make plans, but You have the the majority leader or his designee. I The PRESIDENT pro tempore. The final word. further ask that the time from 5 to 5:30 majority leader is recognized. Help us to remember that even when be under the control of the other side Mr. FRIST. Mr. President, I welcome we think we are right, You judge our of the aisle, and the time from 5:30 to our colleagues back from the Memorial motives. Give us the wisdom to share 6 be under the control of the majority. Day recess. I know everybody enjoyed our plans with You so that You will The PRESIDENT pro tempore. Is spending time with family and friends order our steps. there objection? and constituents, reconnecting with Today, bless all who labor in the leg- Without objection, it is so ordered. the people we serve. It is always a very islative branch of Government. Deliver Mr. FRIST. Mr. President, as a re- busy time during a recess period, and us from pride and help us to avoid evil minder to our colleagues, the cloture this particular recess period, because it paths. Remind us that our No. 1 pri- vote on the Brown nomination is was the Memorial Day recess, where ority should be to please You. Em- scheduled for noon tomorrow. I hope everybody did take that day—or sev- power each Senator to embrace hon- and expect that cloture will be invoked eral days or moments on several days— esty and truth as he or she seeks to at that time and that we will be able to to pause and honor the brave Ameri- keep America strong. We pray this in move quickly to an up-or-down vote on cans who made the ultimate sacrifice Your holy Name. her nomination. The Democratic leader in the course of their service to our Na- Amen. and I will be talking shortly this after- tion and in the cause of liberty. f noon and will make more specific plans In addition to Memorial Day, it was PLEDGE OF ALLEGIANCE in terms of voting times and give some a time of graduations, a time of com- idea of how quickly we can move with mencements for students, whether it be The PRESIDENT pro tempore led the other nominations. from elementary school, middle school, Pledge of Allegiance, as follows: We do have another cloture vote on high school, college, or graduate I pledge allegiance to the Flag of the the Pryor nomination, which would im- school. A number of our colleagues par- United States of America, and to the Repub- mediately follow the up-or-down vote ticipated—I am sure most colleagues lic for which it stands, one nation under God, indivisible, with liberty and justice for all. on Janice Rogers Brown. participated in graduation ceremonies In addition to those judicial nomina- at all of those levels over the last cou- f tions, we have agreements to debate ple of weeks. RESERVATION OF LEADER TIME and vote on of two Sixth Circuit judi- I also hope that last week was a time The PRESIDENT pro tempore. Under cial nominations, as well as one DC when people rested and recharged their the previous order, leadership time is Circuit Court nominee. This week, we batteries because, as was just implied reserved. may also reconsider the vote with re- in the remarks of the Democratic lead- f spect to the Bolton nomination. As you er and myself, we have a very busy 4 can tell, we have a very busy week as weeks ahead of us. We have a lot of EXECUTIVE SESSION we return from recess. I thank our col- work to do in a very short period of leagues in advance as we move through time before we have the Fourth of July these issues. recess. NOMINATION OF JANICE ROGERS Mr. President, I will have a brief Today, we will continue, shortly, to BROWN TO BE UNITED STATES opening statement as well, but I now debate the nomination of Janice Rog- CIRCUIT JUDGE FOR THE DIS- yield to the Democratic leader. ers Brown to the DC Circuit Court of TRICT OF COLUMBIA CIRCUIT Mr. REID. Mr. President, I thank the Appeals. After having been delayed for The PRESIDENT pro tempore. Under majority leader. We do have our week 2 years by partisan obstruction, she the previous order, the Senate will pro- cut out for us. I think the Republican will finally receive a fair up-or-down ceed to executive session to resume leader and I will get together later vote—something she deserves. It will consideration of Calendar No. 72, which today to try to make a decision as to be this week on the floor of the Senate. the clerk will report. what we are going to do later. If we get So I am very pleased because that dem- The assistant legislative clerk read through this block of judges that the onstrates real progress in this body. So the nomination of Janice Rogers leader talked about, we should be in after 2 years of partisan obstruction, Brown, of California, to be United pretty good shape to move on to other she is going to receive an up-or-down States Circuit Judge for the District of things and take the judges on a more vote. Columbia Circuit. regular basis, not eating up so much The President made a great choice in RECOGNITION OF THE MAJORITY LEADER time. This is something the leader and selecting Judge Brown to serve on the The PRESIDENT pro tempore. The I will discuss. Federal bench. I have had the oppor- majority leader is recognized. We have a work period of 4 weeks, so tunity to meet and spend time with SCHEDULE there is much we have to do because, as Judge Brown personally and have stud- Mr. FRIST. Mr. President, I have just the Presiding Officer knows, we are en- ied her record. She is a woman of great a few announcements and then I will tering the appropriations process time, accomplishment and talent. She is

● This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 11636 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 June 6, 2005 tough, smart, and principled. Her story conservation and development of re- outstanding academic and professional is nothing short of remarkable. newable resources. record. She is a graduate of the Cali- From humble beginnings as a share- We must do so in a way that reduces fornia State University-Sacramento in cropper’s daughter in segregated Ala- our reliance on foreign sources—by in- 1974. She received her law degree from bama, Janice Rogers Brown has creasing America’s domestic produc- the University of California at Los An- climbed to the peaks of the legal pro- tion of clean coal, oil, and gas, nuclear, geles in 1977 and then has had an illus- fession. She was educated in segregated solar, ethanol, and other renewable en- trious career in government in the schools and worked her way through ergy sources—a comprehensive energy practice of law and on the bench. She college and law school. She went on to plan that will make America safer and has served in very important legisla- serve in prominent positions in Cali- more secure and will inject much need- tive roles with the California Legisla- fornia State government. ed jobs into the economy. tive Counsel Bureau where she was dep- Today, Janice Rogers Brown is a jus- I thank Chairman DOMENICI and Sen- uty legislative counsel. She was deputy tice on the California Supreme Court, ator BINGAMAN for their hard work and attorney general for some 8 years; dep- the first African-American woman to for working together to get this bill uty secretary and general counsel for serve on California’s highest court. Her out of committee and ready for the the State of California Business, Trans- fellow California judges, both Demo- floor on a strong, bipartisan vote. portation and Housing Agency for 3 crat and Republican, have called her a I am confident that we can move for- years, and then came to the court of ‘‘superb judge’’ who ‘‘applies the law ward in the same bipartisan spirit on appeals, which is an intermediate ap- without favor, without bias, and with the Senate floor to move this bill pellate court in California, for 3 years an even hand.’’ quickly and get it to conference with before becoming a justice on the Su- The people of California believe she the House and have it on the Presi- preme Court of California, where she is doing a great job. They reelected her dent’s desk for his signature. has sat since 1996 until the present with 76 percent of the vote, the highest America needs an energy policy that time. voting percentage of all of the justices reflects our modern economic and secu- During the midst of her career, she on the ballot. rity challenges. has gone on to get a master’s degree at The Senate will have a spirited de- In the days ahead, we will address the University of Virginia School of bate on Justice Brown’s nomination, the Energy bill and we will complete Law in the year 2004 which, I would but I hope Senators will remember that action on the highway bill, which is say, is quite an achievement for some- this is about treating nominees with currently in conference. As soon as one who has been in the California fairness. Nominees deserve not only a that conference completes its action, court to take on that kind of academic fair up-or-down vote but to be treated we will bring it to the floor. We will ad- endeavor and to earn a master’s degree. fairly during the debate. Civility is dress the President’s nominees and a Beyond her professional work, she more than a word. It is a value we must host of other issues. has been very active in the community, all work to uphold in our deliberations, As we do so, I am determined to work working with the Youth for Citizenship and may that be respected on the floor with my colleagues on both sides of the which serves young people, high school of the Senate. aisle to take whatever action is nec- students, teaching them history, Before the recess, the Senate voted essary—that bold action to move civics, reasoning, and debating skills. up or down on Justice Priscilla Owen America forward. She is a participant in a program and she was confirmed. I hope this We have made great progress in the called ‘‘Playing by the Rules’’ spon- progress will continue with Justice 109th Congress thus far. We passed fair sored by a local baseball team, which Brown this week and with Judge Pryor and thoughtful legislation to end class brings together lawyers, judges, base- this week, as well as future nominees. action and bankruptcy abuse. We took ball, and elementary and junior high We should have a very positive week on quick and decisive action to support school students to explore life lessons, judges. As long as that progress con- our troops in the field and to give relief good citizenship, and the rule of law. tinues, a process that continues to give for the victims of the tsunami disaster. these up-or-down votes, gives these We passed the Genetic Nondiscrimina- She is a founding board member of nominees the consideration they de- tion Act, a victory that will provide Rio Americano High School’s Academy serve, not blind obstruction of the Con- protections against genetic discrimina- Civitas, a 3-year program which spe- stitution, the constitutional option, of tion in health insurance. And we are cializes in history and political philos- course, will not be needed. now finally giving judges the votes ophy and seeks to encourage civic vir- Our job as Senators is to govern with they deserve. tue by having students participate in meaningful solutions, and we must al- We passed a budget in the fifth fast- internships with Government agencies. ways remain focused on that larger pic- est time in Senate history. She is the first African-American ture of making America safer and We are leading today on tomorrow’s woman to serve on California’s highest stronger and more secure. That is why challenges. We can be proud of our ef- court. She is the daughter of share- it is imperative that we address mat- forts to expand freedom here at home croppers, having been born in Green- ters such as America’s intolerable de- and across the globe. ville, AL, in 1949, 5 years before Brown pendence upon foreign oil. We have With mutual trust and civility and a v. Board of Education. She attended gone on for more than a decade with- sharp focus on our ultimate goals, we segregated schools and came of age in out a comprehensive national energy can continue to deliver to the Amer- the midst of Jim Crow policies in the policy. It is time now to change that. ican people the solutions they need and South, which is not easy to do. As a result, we have become dependent the leadership our Nation deserves. With all of that, she has had an ex- on foreign sources of oil, putting our Mr. President, I yield the floor. traordinary and really illustrious ca- security and our economy at risk. That The PRESIDENT pro tempore. The reer. is too long. It is time for us to act Senator from Pennsylvania is recog- I suggest to my colleagues in the now—not just talk about it—for fami- nized. Senate that the confirmation process lies worried about gas prices as they Mr. SPECTER. Mr. President, I have of Justice Janice Rogers Brown would anticipate summer driving, for families sought recognition to support the pro- not be nearly so complicated if it were who have to sacrifice next winter to ceeding to invoke cloture, cut off de- not set in a timeframe where, for the pay their heating bills. They expect us bate, on California State Supreme past two decades, virtually, there has to act, and we will in this body on the Court Justice Janice Rogers Brown, been an exacerbation of the issue of floor of the Senate and deliver for the and to bring her to a vote for confirma- confirmation of judges when one party American people. tion to the Court of Appeals for the held the White House and the other po- We must diversify our sources of en- District of Columbia Circuit. Justice litical party held the Senate and the ergy and balance new production with Brown comes to this body with a truly Judiciary Committee.

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 June 6, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 11637 I have served on the Judiciary Com- under the United States Constitution. In the case of Ramirez v. Yosemite mittee since my election in 1980. I per- That does specify—I think it is more Water Co., she joined the court in up- sonally observed, in the last 2 years of than implication, I think it is really holding State regulations regarding President Reagan’s administration, specification—that there be inde- overtime pay that applied greater pro- after Democrats won control of the pendent judgment used by Senators in tection to workers than Federal law. Senate in the 1986 election, that the coming to that decision. Just as there Here, again, that is active State regu- process was slowed down, and the proc- is a requirement of independence, if lation. ess was further slowed down during the there is to be separation of power, then In Pearl v. Worker’s Compensation full 4 years of the administration of the party which controls the White Appeals Board, she joined the court’s President George Herbert Walker Bush. House ought not to be an automatic opinion, upholding the Worker’s Com- I have detailed these in previous floor rubberstamp for the President. Simi- pensation Board’s stringent standards statements and will not now reiterate larly, the party out of power ought not for ensuring the safety of workers, them. to be an automatic filibustering ma- awarding the plaintiff, an injured po- Then, in the last 6 years of President chine; there ought to be independent lice officer, higher benefits; again, Clinton’s administration, nearly 70 judgment. And that is why I had urged sound judicial thinking and not exactly nominees by President Clinton were the leaders, again in extended floor denial of the authority of the State to held up in committee, and that was statements which I shall not now re- legislate and look after the common payback, in effect, for what had hap- peat, to liberate their Members from welfare. pened for the last 2 years of President the straight party-line, straitjacket She made a statement with respect Reagan’s administration and the 4 vote and allow them to exercise their to discrimination saying it is not ‘‘. . . years of the administration of the first independence. I think if the 100 Sen- based on age is not . . . like race and President Bush. ators were left to our own judgments sex discrimination. It does not mark When the Republicans won control of as to what kind of a nominee ought to its victim with a ‘stigma of inferiority the Senate, the Democrats then re- be filibustered, Justice Janice Rogers and second class citizenship’; it is the sorted to the filibuster, which was the Brown would never have been filibus- unavoidable consequence of that uni- first systematic use of the filibuster tered. Similarly, if we Senators—Re- versal leveler: time.’’ That is perhaps an effort to be schol- against judicial nominees in the his- publicans on the situation of the con- arly, perhaps to be poetic, but hardly tory of this country. That was followed stitutional or nuclear option—had been by President Bush’s use of the interim disqualifying. left to our own judgment, we would If we take a look at her opinions on appointment power, the first time in have rejected the idea of having the the bench, they demonstrate a very history that the interim appointment constitutional or nuclear option. distinctive regard for civil rights. In power had been used for a judicial So we have come to a situation now People v. McKay, hers was the lone dis- nominee after a rejection by the Sen- where at least we have moved to consent, arguing for the exclusion of evi- ate, albeit by the filibuster route. That firm Justice Owen, and we are on the dence of drug possession that was dis- stopped when there was a commitment brink of the confirmation process of covered after the defendant was ar- made not to use it any more, and the Justice Brown with, as we all know, rested for riding his bicycle the wrong nomination process went forward. the agreement of some 14 Senators that way on a residential street. Her dissent Let us take a look at the record of there would not be a filibuster as to pointedly suggested that the defendant Justice Janice Rogers Brown and take Justice Brown. was the victim of racial profiling and a look at the record of Justice Owen, It is true that if you take a look at included an impassioned critique of now Judge Owen confirmed to the Fifth some of Justice Brown’s statements in that practice. Circuit Court of Appeals, or Judge a context of diplomacy, they might In Kasky v. Nike, the court held that Pryor, whose nomination will be before have been left better unsaid, but if ev- Nike’s statements denying mistreat- the Senate hopefully in the next sev- erybody in public life—and that would ment of overseas workers constituted eral days. We have confirmed many cir- even include Senators—were held to commercial speech subject to the State cuit judges during my tenure since my every last syllable that each of us ut- truth in advertising laws. Justice election in 1980, all which I have spent tered, it would not be a very difficult Brown dissented saying that Nike’s in the service of the Judiciary Com- matter to go through the tracks of speech constituted noncommercial mittee, who had records not as good as speeches each of us has made and find speech worthy of more strict first those of Justice Brown or Justice Owen some items on which to be highly crit- amendment protection. Upon appeal, or Judge Pryor. Had we had not been in ical. the Supreme Court denied certiorari, this situation of holding up judges Justice Brown has been criticized for but in opinions issued by Justices when one party controlled the White a comment which she made criticizing Breyer and Stevens, there were strong House and the other controlled the Justice Holmes’ dissent in Lochner, suggestions that if the Court had taken Senate and the exacerbation of this sit- where she referred to the ‘‘triumph of the appeal, Justice Brown’s position uation, we would not have reached the our own socialist revolution’’ in 1937. might well have been upheld, in a very critical stage in which the Senate has But if we take a look at Justice difficult case, where it is hard to draw been in the immediate past. Brown’s decisions, we find her deci- the line as to what constitutes com- We have seen a situation where the sions are not in line with that kind of mercial speech or what is noncommer- filibuster went on and, in my own per- a loose condemnatory statement. cial speech entitled to more stringent sonal opinion—and I have expressed In Lochyer v. Shamrock Foods, Jus- protections under the first amendment. this at some length in prior floor state- tice Brown joined the court’s opinion In this case, as in so many others, ments—Democrats were not really upholding California’s stringent stand- Justice Brown demonstrated a real pleased with this systematic filibuster. ards, which exceeded Federal stand- concern for constitutional protections. That led to the potential retaliation of ards, for identifying and labeling milk In re Brown, she wrote the court’s the Constitution or nuclear option. I do and milk products. That is hardly an opinion reversing a verdict and death not think many, if not most, of the Re- inactive government. sentence on grounds that the pros- publicans were pleased with that sort In the case of Lungren v. Superior ecutor deprived the defendant of a fair of an alternative. But the whole situa- Court, she joined the court’s opinion, trial by failing to discover and disclose tion had spiraled out of control. broadly construing the phrase ‘‘source an arguably exculpatory blood test. As Senators, we do have a funda- of drinking water’’ in the State’s clean In Visciotti, she dissented from the mental constitutional obligation to water statute so that plaintiffs could majority opinion, arguing that a de- consent, if we choose to do so, to the proceed with their case. Again, not ex- fendant’s death sentence should be set President’s nominees to the bench. actly denial of governmental author- aside on grounds of ineffective assist- This is an advice and consent function ity. ance of counsel.

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 11638 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 June 6, 2005 In the interest of time, I am not use of racial slurs in the workplace. In the third case, Kasky v. Nike, Justice going to delineate any more of Justice Unmentioned in the attack is that her dis- Brown dissented on grounds that Nike’s Brown’s opinions, but I would like to sent was based on well established First speech deserved more stringent protection Amendment prohibitions on prior restraint than was provided by a California law. This put into the RECORD some summaries and that she was joined by the court’s late third case provides the hook for her detrac- of criticism of Justice Brown where she liberal icon, Justice Mosk. tors’ spin, but the baselessness of the cri- has been criticized for her attitude to- In Hi-Voltage Wire Works v. City of San tique is underscored by strong evidence that ward big Government, where she has Jose, Justice Brown deferred to precedent in a majority of the United States Supreme been criticized for some rulings on civil her court opinion invalidating a minority Court would have taken her position had it rights, where she has been criticized contracting program under Proposition 209. considered the merits. for rulings on the first amendment, and That issue was so straightforward that every In dismissing the writ of certiorari, Justice where she has been criticized for rul- judge who reviewed it from the trial court on Stevens, joined by Justices Ginsburg and ings on criminal law. up reached the same result—including every Souter, noted in the same vein as Justice member of the state supreme court. Brown that the case involved ‘‘novel First I ask unanimous consent that these Justice Brown’s opinion asserted that ‘‘dis- Amendment questions.’’ summaries be printed in the RECORD. crimination on the basis of race is illegal, Justice Breyer, joined by Justice O’Con- There being no objection, the mate- immoral, unconstitutional, inherently nor, stated in a dissent to the dismissal of rial was ordered to be printed in the wrong, and destructive of democratic soci- certiorari in Kasky that ‘‘it is likely, if not RECORD, as follows: ety.’’ highly probable’’ that the law violated the OPPOSITION—BROWN’S CRITICISMS OF BIG Justice Brown further acknowledged that First Amendment. GOVERNMENT ‘‘equal protection does not preclude race- OPPOSITION—BROWN’S RULINGS ON CRIMINAL conscious programs.’’ JUSTICE BROWN’S CRITICS OVERLOOK A RECORD LAW ON THE BENCH OF MODERATION The innuendo that this jurist is insensitive to Justice Brown has demonstrated her respect of Much of the criticism of Justice Brown centers racial bias disparages her firm commitment Fourth Amendment rights and has argued on speeches she made off the bench, but to civil rights for reversing verdicts or sentences for cap- does not hold up next to her judicial opin- Consider Justice Brown’s lone dissent in ital defendants ions People v. McKay. There she argued for the In addition to the dissent in People v. Most notably, Justice Brown criticized the exclusion of evidence of drug possession that McKay that I cited, she wrote the court’s demise of the Lochner era and the rise of the was discovered after the defendant was ar- opinion in In re Brown reversing a verdict New Deal in a speech before the Federalist rested for riding his bicycle the wrong way and death sentence in a case where the pros- Society. While her speech was indeed critical on a residential street. ecutor deprived the defendant of a fair trial of Justice Holmes’ dissent in Lochner, her Justice Brown had this to say: ‘‘In the by failing to discover and disclose an argu- judicial opinion on the subject in Santa spring of 1963, civil rights protests in Bir- ably exculpatory blood test. Monica Beach, Ltd. v. Superior Court criti- mingham united this country in a new way. In In re Visciotti, she dissented from the cized Lochner in terms echoing the United Seeing peaceful protesters jabbed with cattle majority opinion, arguing that a defendant’s States Supreme Court. prods, held at bay by snarling police dogs, death sentence should be set aside on Justice Brown also has been attacked for and flattened by powerful streams of water grounds of ineffective assistance of counsel. speeches that criticize government as prof- from fire hoses galvanized the nation. With- out being constitutional scholars, we under- Mr. SPECTER. I ask unanimous con- ligate in creating new rights and privileges sent that quotations from certain of and redistributing wealth. Again, the attack stood violence, coercion, and oppression. We loses force when the focus turns to her judi- understood what constitutional limits are Justice Brown’s supporters be printed cial opinions, which are untainted by per- designed to restrain. We reclaimed our con- in the RECORD. sonal ideology. To give just a few examples, stitutional aspirations. What is happening There being no objection, the mate- she has voted to employ an expansive inter- now is more subtle, more diffuse, and less rial was ordered to be printed in the pretation of a state clean water statute so visible, but it is only a difference in degree. RECORD, as follows: If harm is still being done to people because that plaintiffs could proceed with their case; QUOTES FROM SUPPORTERS—WHAT THOSE they are black, or brown, or poor, the oppres- upheld the right of a plaintiff to sue for ex- WHO KNOW HER BEST ARE SAYING ABOUT sion is not lessened by the absence of tele- posure to toxic chemicals using the govern- JUSTICE BROWN ment’s environmental regulations; upheld vision cameras.’’ Letter from a bipartisan group of 12 of Jus- state regulations regarding overtime pay; Justice Brown criticized what she called tice Brown’s current and former judicial col- and upheld a workers compensation board’s ‘‘the disparate impact of stop-and-search leagues (including all of her former col- stringent standard for ensuring the safety of procedures of the California Highway Patrol. leagues on the Court of Appeal, Third Appel- workers. The practice is so prevalent, it has a name: late District and four current members of In a recent column, law professor Jonathan ‘Driving While Black.’ ’’ the California Supreme Court) to the Honor- Turley, a self-described ‘‘pro-choice social When you read such powerful statements, able Orrin G. Hatch, October 16, 2003: liberal,’’ points out that ‘‘Brown’s legal opin- you have to wonder whether this judge, far ‘‘Much has been written about Justice ions show a willingness to vote against con- from being too conservative, may not in fact Brown’s humble beginnings, and the story of servative views . . . when justice demands be a bit too liberal for some of my friends her rise to the California Supreme Court is it’’ and that Democrats should confirm her. who have opposed her. truly compelling. But that alone would not The attempt to brand her as an extremist, OPPOSITION—BROWN’S RULINGS ON THE FIRST be enough to gain our endorsement for a seat derived from a combination of half-truths AMENDMENT on the federal bench. We believe that Justice and the extremism of her critics, is dema- Justice Brown’s First Amendment opinions have Brown is qualified because she is a superb goguery of the first order, and should not be been distorted judge. We who have worked with her on a permitted to obstruct the confirmation of a When she is cognizant of First Amendment daily basis know her to be extremely intel- jurist who has been a credit to the bench. rights in a discrimination case, she receives ligent, keenly analytical, and very hard OPPOSITION—BROWN’S RULINGS ON CIVIL no credit. Her critics simply turn to three working. We know that she is a jurist who RIGHTS other First Amendment cases to spin an at- applies the law without favor, without bias, Justice Brown’s rulings on racial bias have been tack that she gives broad protection to cor- and with an even hand.’’ distorted porate speech while shortchanging indi- Statement of former senator and governor In Peatros v. Bank of America, she dis- vidual free speech. Pete Wilson, for whom Justice Brown served sented on grounds that a state law-based dis- In one case, Justice Brown wrote a plu- between 1991 and 1994: crimination claim was preempted by the Na- rality opinion upholding an injunction ‘‘She served as my legal affairs secretary tional Bank Act. The dissent in fact deferred against gang members congregating in a for three years because a number of excellent to federal jurisdiction under the Supremacy specified area in San Jose, a position sup- lawyers in the state, whose judgment I trust, Clause and notably pointed to Title VII as ported by the Democratic mayor of the city said, ‘You will not do better.’ They were the appropriate civil rights provision to in- at the time, the Los Angeles Times, and the right. She was not only a legal scholar—so voke in an area governed by federal law—a San Francisco Examiner. that I could rely upon her judgment as to far cry from an ideologue who appreciates In another, Justice Mosk, the California what the law was—she was an excellent neither federal authority nor civil rights Supreme Court’s late, liberal icon, joined guide when I was trying to decide what the laws. Justice Brown in a dissent that would have law ought to be . . . I would simply say to Another subject of attack was her dissent upheld an injunction against a disgruntled you that, by intellect and by character, by from Aguilar v. Avis Rent A Car System, a former employee sending disruptive mass experience, by capability, Justice Brown de- decision upholding an injunction against the emails. serves not only a vote, but deserves a seat on

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 June 6, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 11639 the District Court of Appeals, where I pre- State court criminal proceedings, and When he came to office, the Amer- dict she will, if seated, be a brilliant addi- dissenting opinions of Brandeis and ican economy was in shambles. Infla- tion.’’ Holmes and Cardozo have become the tion was in double digits. Interest rates Letter from a bipartisan group of 15 Cali- law of the land. were soaring. The American worker fornia law professors to the Honorable Orrin G. Hatch, October 15, 2003: So when one sees someone who might was demoralized. He set about slashing ‘‘We know Justice Brown to be a person of not conform exactly to the kind of Federal income taxes and cutting bur- high intelligence, unquestioned integrity, thought or might be a little more densome regulations. It was his mis- and even-handedness. Since we are of dif- colorful in phraseology, it is not nec- sion to free the American worker and fering political beliefs and perspectives, essarily something to be discouraged. unleash the American entrepreneur. Democratic, Republican and Independent, we If one takes a close reading as to what His sweeping tax reforms overhauled wish especially to emphasize what we believe Justice Brown has had to say, she is the Tax Code and removed 6 million is Justice Brown’s strongest credential for worthy of confirmation by this Senate. taxpayers from the tax rolls. By the appointment to this important seat on the As we analyze nominees for the Federal D.C. Circuit: her open-minded and thorough time he left, it was morning in Amer- appraisal of legal argumentation, even when court, as we analyze nominees for any ica. President Reagan believed in the her personal views may conflict with those important position, we ought not to aspirations and dignity of the indi- arguments.’’ discourage individualism, independ- vidual. As he said in his second inau- Letter from 18 members of the California ence, and free thought. The phrase that gural address, there are no limits to delegation in the House of Representatives ‘‘time has upset many fighting faiths,’’ growth in human progress when men to the Chairman and Ranking Member of encouraging independence and free and women are free to follow their this committee, April 14, 2005: thought has been a great bulwark for dreams. ‘‘Janice Rogers Brown is an outstanding the progress of this country. He reminded the American people jurist with more than eight years of experience on the California appellate bench. She I yield the floor, and in the absence that economic liberty and human free- is well-regarded by her colleagues and known of any other Senators seeking recogni- dom were two sides of the same coin. to be a person of great intellect, integrity tion, I suggest the absence of a He reminded the world that freedom is and dedication. Moreover, Justice Brown is a quorum. the birthright of all peoples. Some call first-rate judge respected by many for her The PRESIDING OFFICER (Mr. it the Reagan Revolution. Others call even-handed and unbiased application of the BURR). The clerk will call the roll. it the Reagan Restoration. I prefer the law.’’ The assistant legislative clerk pro- latter. Letter from Ellis Horvitz, a Democrat and ceeded to call the roll. The man from Dixon—lifeguard, one of the deans of the appellate bar in Cali- Mr. FRIST. Mr. President, I ask radio announcer, actor, Governor, fa- fornia, to the Honorable Orrin G. Hatch, Sep- unanimous consent that the order for tember 29, 2003: ther, adoring husband, President of the ‘‘In my opinion, Justice Brown [possesses] the quorum call be rescinded. United States—restored not only our those qualities an appellate justice should The PRESIDING OFFICER. Without confidence but our fundamental under- have. She is extremely intelligent, very con- objection, it is so ordered. standing of the source of America’s scientious and hard working, refreshingly ar- Mr. FRIST. Mr. President, we are in greatness: each and every one of us ticulate, and possessing great common sense the midst of debate on Janice Rogers striving to realize the American dream. and integrity. She is courteous and gracious Brown. I know we have the time di- In his 1982 State of the Union Ad- to the litigants and counsel who appear be- vided from 3 to about 6 tonight. I ask dress, President Reagan told the Na- fore her.’’ to speak for about 7 minutes as in tion: Undated Letter from Regis Lane, Director morning business. of Minorities in Law Enforcement, a coali- We do not have to turn to our history The PRESIDING OFFICER. Without books for heroes. They’re all around us. tion of ethnic minority law enforcement offi- objection, it is so ordered. cers in California, to Chairman Orrin G. To the freedom fighters in the former The majority leader is recognized. Hatch. Soviet Union to his fellow citizens here FIRST ANNIVERSARY OF RONALD REAGAN’S ‘‘We recommend the confirmation of Jus- at home, Ronald Wilson Reagan was tice Brown based on her broad range of expe- DEATH Mr. FRIST. Mr. President, yesterday one of those real life heroes who rience, personal integrity, good standing in brought hope, freedom, and oppor- the community and dedication to public marked the first anniversary of the service . . . In many conversations with Jus- passing of President Ronald Wilson tunity to millions. I yield the floor and I suggest the ab- tice Brown, I have discovered that she is Reagan, the 40th President of the sence of a quorum. very passionate about the plight of racial United States. I will take a moment to minorities in America, based on her upbring- The PRESIDING OFFICER. The reflect very briefly on his extraor- clerk will call the roll. ing in the south. Justice Brown’s views that dinary life and on his leadership that all individuals who desire the American The assistant legislative clerk pro- dream, regardless of their race or creed, can changed history. ceeded to call the roll. and should succeed in this country are con- Ronald Reagan was raised in a small Mr. WYDEN. Mr. President, I ask sistent with MILE’s mission to ensure town, and it was those small-town unanimous consent the order for the brighter futures for disadvantaged youth of roots that never, ever left him. As he quorum call be rescinded. color.’’ explained when he grew up in a small I ask unanimous consent to speak in Mr. SPECTER. One of the cases town, reflecting on those small-town morning business for up to 20 minutes. which I studied in law school was the roots, in his words: The PRESIDING OFFICER. Without famous dissent by Justice Oliver Wen- You get to know people as individuals, not objection, it is so ordered. dell Holmes, who argued for dissent as blocs or members of special interest REAUTHORIZING THE USA-PATRIOT ACT and for freedom of speech, saying what groups. You discover that despite their dif- Mr. WYDEN. Mr. President, tomor- ferences, most people have a lot in common: I think is, if not the most famous . . . [W]e all want freedom and liberty, row the Senate Select Committee on quotation in Supreme Court history— peace, love and security, a good home, and a Intelligence gets back on the national that is pretty hard to categorize—cer- chance to worship God in our own way; we security high wire as the committee tainly one of the most famous where he all want the chance to get ahead and make continues to work on legislation reau- said that ‘‘time has upset many fight- our children’s lives better than our own. thorizing the USA PATRIOT Act. I de- ing faiths.’’ Ronald Reagan believed that the scribed this process as a high-wire act That is why we encourage inde- Government should serve the people. because success means striking a bal- pendent thought. That is why we en- He believed that America’s strength ance, an equilibrium, between fiercely courage dissent. There are many dis- came from creativity, ingenuity, and protecting our country from terrorism sents which have become the law of the productivity of the people, not the while still preserving the privacy and land. Dred Scott was overturned. plans of Government bureaucrats or civil liberties that make our democ- Plessy v. Ferguson on segregation was the theories of intellectual elites. This racy so precious. overturned. Brown v. Mississippi estab- core belief guided everything he did, Chairman PAT ROBERTS, to his credit, lished the rule of due process of law for everything he said. has held several open hearings on this

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 11640 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 June 6, 2005 issue. I gladly participated because I ward, I want to make sure that the American city. The head of the local believed the open hearings would help right of our citizens to privacy is cer- field office could issue an administra- to address some of the skepticism tainly not compromised intentionally. tive subpoena to a hospital director about why the PATRIOT Act has al- I am not suggesting our national in- and ask for all the hospital’s medical most totally been debated in secret. telligence or law enforcement agencies records simply by claiming they were Unfortunately, the most important are currently being misused the way relevant to an investigation. If the hos- part of the debate, the part where the they have been during our history— pital director was busy or did not have committee must actually discuss how such as in the Watergate scandal. But the resources to make a challenge, to walk that high wire, is still going to it is important for us to make sure then no judge—no judge would ever see be done behind closed doors. In my that appropriate safeguards are in this administrative subpoena. The pa- view, this secrecy in going forward will place to prevent unintentional abuses tients would not even know that their undermine any public confidence that and prevent future even darker epi- records had been seized. They would be open hearings helped to create. sodes in our country’s history. totally in the dark. I have repeatedly and vigorously op- In my view, a proposed addition to Even the FBI acknowledges that the posed making these decisions out of the PATRIOT Act, one that certainly agency can get all the information public view. Holding the decision- warrants open debate, is the adminis- they could possibly need with the in- making process in secret is a mistake trative subpoena which, in my view, vestigative powers they currently because it makes it harder for citizens raises the risk of real abuse. I want to have. The only reason they have sug- to hold elected officials accountable. make it clear on this subject today, I gested for supporting this judge-free Holding the decisionmaking process in believe reauthorization of the PA- administrative subpoena is speed. They secret is unnecessary because it is not TRIOT Act should simply not include say that the FISA warrant process is difficult for the committee to go be- new administrative subpoena authority simply too slow for time-sensitive, hind closed doors, certainly, briefly, for the FBI. emergency situations. This afternoon I would like to pro- when necessary, to discuss any PA- I am opposed to giving the FBI this pose on the floor of the Senate an al- TRIOT Act-related issue that requires authority to write their own adminis- ternative. In this year’s reauthoriza- secrecy. Holding the decisionmaking trative subpoenas for foreign intel- tion of the PATRIOT Act, Congress can process in secret gratuitously feeds the ligence investigations for a number of balance protection for the public with cynicism that citizens have about the reasons. Doing so would give the FBI the right of privacy by creating an Government’s true intentions with re- the authority to demand just about emergency use provision to the FISA spect to this law. Keeping these pro- anything from just about anybody, business records authority. This way, with no independent check, simply by ceedings secret fuels concerns that the under the proposal I make today, if the claiming that it is relevant to a na- committee is making choices that will FBI needs information right away, the tional security investigation. The FBI not stand up to public scrutiny—decid- FBI could notify a judge that they ing, for example, that you can only already has access to the waterfront of were going to get it—send an e-mail, have security if you sacrifice privacy. personal information through the FISA leave a voice message—and then go get In my view, that is a false choice. I warrant process. All they have to do is it without waiting for a response. Then simply do not believe that protecting go before a judge and explain why it is they would have 72 hours to apply for our country from terrorism and secur- relevant in the most general terms. By the warrant so they could do it after ing the privacy rights of our citizens giving the FBI the authority to write the emergency had been addressed. If are mutually exclusive objectives. their own administrative subpoenas, the judge felt the FBI had acted inap- So here is my bottom line: Give law the Congress would be removing this propriately and decided not to grant enforcement and intelligence officials even last modest safeguard. the warrant, then the Agency would the tools they need to protect our Administrative subpoenas are cur- not be able to use whatever informa- country, but stay away from the fish- rently used by many Federal agencies tion they had gathered. The idea of ing expeditions. I do not think anybody in many contexts. But, except in a very adding an emergency use provision will argue with me when I say that few limited cases, they are not used for along the lines I have described would Congress passed the PATRIOT Act national security investigations. Na- address the FBI’s concern for speed shortly after September 11, 2001, be- tional security investigations are sim- without creating a broad new author- cause it was necessary to move in a ply different than criminal investiga- ity that would remove all the inde- hurry. It was clear no one could have tions. They, of course, are conducted in pendent checks, even in situations conceived of the way in which our secret and do not require evidence of a where there were not emergencies. country was exposed to attack. It was crime. This is why there are different Although time was not taken in 2001 clear that the Federal Government rules for the two types of investiga- to thoroughly discuss the privacy needed to make major changes in how tions. It is not enough, in my view, to issues related to the PATRIOT Act, it fought terrorism, and those were say what is good for the goose is good most of the law’s more controversial needed immediately. for the gander. The question here is, provisions were made subject to sunset. The best parts of the law tore down What is good for the American people? This was done in hopes of a more the unnecessary walls that had grown The answer is not administrative sub- thoughtful, informed debate during the up between law enforcement and the poenas. reauthorization. The sunsets, in my intelligence agencies. Today, if you go As proposed, these subpoenas would view, have had an unanticipated ben- out to the National Counterterrorism be extraordinarily broad in their scope. efit. They have made the agency very Center, the people on the ground there They could be used to gain access to careful about how it uses the powers will tell you that those walls have been your credit records, your video rentals, that have been granted. torn down, and they have stayed down. your medical records, your gun pur- In addition to the proposal that I am So the men and women on the front chases. They could be used to obtain making today to give the FBI more au- lines in the fight against terror are, in just about anything. These subpoenas thority to deal with emergencies, I be- my view, more effective than they would only be seen by a judge if the re- lieve the Senate should also focus its were. cipient of the subpoena decided to chal- attention on sharper scrutiny for the However, other provisions of the law lenge it. Even if the recipient was prop- sunset provisions in the act. Some of have sparked serious concerns. Giving erly notified of his or her right to chal- the sunset provisions that have existed Federal authorities broad powers of in- lenge, they might not be in the posi- have not attracted any controversy. vestigation has raised the specter that tion to have the time or the resources Others have not only attracted con- the rights of law-abiding citizens might to even make that challenge. troversy, serious questions have been be severely compromised, accidentally For example, there are 56 FBI field raised about their use and possible mis- or even intentionally. In moving for- offices, one in just about every major use. I want to consider some of these

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 June 6, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 11641 provisions in detail today and, in addi- sight over the intelligence community tor of the American public. At the same tion to the proposal I have made with in the dark. time, the issue of privacy and the confiden- respect to giving the FBI emergency The Intelligence reform bill that tiality of library records is a long-held and deep principle of our profession. The Amer- authority, I urge firm action to safe- passed a few months ago tried to fill ican public values this principle as well: guard the American people as the sun- several of the reporting gaps, but there forty-eight States have laws protecting the set provisions are considered in the are others that need to be closed as the confidentiality of library records, and the PATRIOT Act’s renewal. PATRIOT Act is reauthorized. These other two States have attorney general opin- The provision that has attracted the reports should also be made public, to ions doing so. most attention is probably section 215 the maximum extent possible so that As you know, both the FBI and the Depart- of the PATRIOT Act. It is commonly ment of Justice have reported that there has the American people can know all that been ‘‘zero’’ use of Section 215 in libraries. referred to as the library records provi- is safely to be known about FBI activ- However, our office is aware, at least sion, but in fact it ought to be called ity under the law. anecdotally, of FBI inquiries made using the business records provision. Suffice One of the major reporting gaps I am other methods in what do not appear to be it to say, it is a sweeping one. This pro- concerned about involves what the FBI normal criminal or civil investigations. To vision gives law enforcement access to calls discreet inquiries that the agency determine the extent of these inquiries ALA all types of information from video uses to obtain library records. The FBI has begun its own research regarding the scope of law enforcement investigations of rentals and gun purchases to tax and Director, Mr. Mueller, has testified be- library patrons and their reading records. medical records. In a nutshell, here is fore several Senate committees that, Leaders of ALA have met with Attorney how it works. while FISA warrants could be used to General Gonzales and FBI Director Mueller Under the Foreign Intelligence Sur- obtain people’s library records, this has to discuss our concerns about these library- veillance Act, FISA—which I have re- never been done. But the FBI director related investigations as well as to discuss ferred to several times already—it is went on to say that the Agency does our ongoing research. We are seeking aggre- possible for FBI agents to go to a judge gated data to understand better the breadth obtain library records through what he of FBI investigations and the impact the in- and request a secret warrant to obtain called discreet inquiries. So I think vestigations have on library users. business records. The person to whom that the American people deserve to We very much appreciate your questions the records pertain is not informed. know what a discreet inquiry is. The seeking further information from Director This means that if the FBI serves a American people deserve to know how Mueller about these inquiries. Specifically, FISA warrant on a bank or hospital, often they are used. And I have asked we would like to know: What exactly is a ‘‘discreet inquiry?’’ the bank president or hospital director the FBI to get me this information. Do these inquiries require a subpoena and would know about it, but the cus- Over a month later, despite multiple are they subject to any judicial oversight? tomers or patients whose records had requests by the staff of the Intelligence How many ‘‘discreet inquiries’’ have been been seized would know nothing at all. Committee, the FBI has still not pro- made in the last four years? 1 year? In gen- Before the PATRIOT Act, if the FBI vided an answer to the question. Suf- eral, what kind of evidence was uncovered? wanted to get one of these warrants, Have these inquiries been related only to fice it to say, the longer the Agency foreign intelligence investigations or have they had to show a judge specific and waits, in terms of answering the ques- they been used in non-intelligence investiga- articulable facts that the records per- tion of how they obtain library records, tions? tained to a terrorist or a spy. The PA- the more Americans believe that the What are the procedures and authorization TRIOT Act lowered the standard, so Agency is stepping over the line and for such inquiries? now the FBI simply has to assert that Are there pertinent FBI guidelines and re- into the lives of law-abiding citizens. lated oversight procedures for assessing ‘‘dis- the records are, in their view, relevant Those most directly affected by the li- creet inquiries’’ and if so, are there aggre- to a terrorism inquiry. To protect in- brary records provision have been ex- gated public reports on this type of inquiry? nocent Americans, the business records pressing strong concerns. The Amer- The American Library Association holds provision needs to be modified in sev- ican Library Association recently that privacy is essential to the exercise of eral ways. wrote me: free speech, free thought, and free association and that, in a library, the subject of First, the Congress should require ‘‘[D]iscreet inquiries’’ by the FBI put our that the application for a FISA war- users’ interests should not be examined or librarians at risk of breaking state laws if scrutinized by others. Whether there has rant include a statement of facts ex- agents approach them for information with- been one F.B.I. inquiry at libraries on the plaining why the records are relevant out subpoenas or other properly executed reading habits of patrons or thousands, the to an investigation. Congress should legal documents and intimidate them into threat to the confidentiality of library also raise the standard for the most complying with the request. records chills library use by the public and sensitive type of records. The ‘‘rel- I ask unanimous consent the letter threatens confidentiality in other venues evance’’ standard may be appropriate from the American Library Association where privacy is the essence of the service/ be printed in the RECORD. relationship. for a hotel or car rental record, but it Thank you again for all your work on may be necessary to require the FBI to There being no objection, the mate- issues surrounding law enforcement inves- show hard evidence before giving ac- rial was ordered to be printed in the tigations in libraries and on the other impor- cess to more sensitive records such as RECORD, as follows: tant provisions of the USA PATRIOT Act medical records. AMERICAN LIBRARY ASSOCIATION, and related regulations that affect the pri- Finally, there must be an increase in Washington, DC, May 25, 2005. vacy and civil liberties of the public. We support your efforts to address both the need for the reporting that is done in this area. Hon. RON WYDEN, Congress’s duty to look out for abuses U.S. Senate, effective law enforcement and the civil liberties of the American public in an appro- Washington, DC. of the PATRIOT Act is often a chal- priate and proportional manner. DEAR SENATOR WYDEN: On behalf of the lenging one. Little reporting is re- Sincerely, quired on the use of some provisions. over 65,000 members of the American Library Association (ALA) I am writing to express LYNNE E. BRADLEY, Details regarding the use of the PA- our appreciation for your efforts to seek fur- Director of OGR, ALA—Washington Office. TRIOT Act are reported, even when re- ther information about the nature and scope Mr. WYDEN. Mr. President, no one is porting is not required. When there is a of FBI investigations into library records. saying the FBI should not be allowed report, the information is often classi- We thank you for your hard work examining to conduct voluntary interviews. A vol- fied. National security investigations law enforcement activity in libraries under untary interview is certainly a legiti- often need to be conducted in secret, Section 215 of the USA PATRIOT Act, na- mate and often nonintrusive investiga- but revealing how often particular tional security letters, and ‘‘discreet inquir- tive technique. But the FBI agents techniques are used does not make ies’’ without, apparently, warrants or sub- must not be out there in effect de- poenas. them less effective. Congress needs this Librarians across the country, in all kinds manding the records of our citizens information to perform its constitu- of libraries, take their jobs as public serv- without following proper legal proce- tional responsibilities, and the fact is ants very seriously. We are as concerned dures. Since the FBI has been so reluc- too often Congress has been doing over- about our Nation’s security as any other sec- tant to discuss the activities relating

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 11642 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 June 6, 2005 to these discreet inquiries of libraries, that simply saying ‘‘solely’’ without important vote. Why is that? It is be- the PATRIOT Act should require the clarification can create problems and cause these judges really vote on so Bureau to report on this topic. At a seems to indicate that it is acceptable many issues of importance to us, minimum, they should be required to to investigate Americans largely or whether it is our right to vote, our tell the Congress how this information even primarily on the basis of their right to a safe workplace, our right to is being used so the Congress can deter- first amendment activities. I am not privacy, our consumer rights—it goes mine whether the FBI’s use of this pro- convinced this safeguard is actually a on and on—our victims’ rights. The vision is appropriate. safeguard. I hope it will be clarified fact is, these issues are crucial, and In several other areas of the PA- and strengthened throughout the con- who winds up on the bench on Federal TRIOT Act there should be modifica- sideration of the PATRIOT Act. courts is very important to the Amer- tions. A major problem area, for exam- The Intelligence Committee may fin- ican people. ple, is section 505 that deals with na- ish drafting a reauthorization of the This is not an abstract debate about tional security letters. National secu- PATRIOT Act in the near future. My Senate rules and procedures; it is real- rity letters are another way for FBI sense is the Judiciary Committee will ly about who sits on the courts, and agents to obtain records. Unlike FISA move shortly afterward. It is possible why is it that for 200-plus years the mi- warrants, national security letters do other committees may wish to weigh in nority party has had the right to fili- not require the approval of a judge. on these portions of the PATRIOT Act buster or delay the vote on nominees The FBI has said the national security that fall under their jurisdiction. As we who they believe are outside the main- letters can be appealed, but the current go forward in this debate, as the Con- stream—whether that means they are PATRIOT Act does not specifically dis- gress proceeds to try to walk on that to the far right of the mainstream, as cuss this. It is often difficult for recipi- high wire, striking a balance between in this particular case, or to the far ents to learn more about the requests fighting terrorists ferociously while left of the mainstream. in their letters and their right to protecting our civil liberties, I simply Presidents who have tried to pack refuse since they are usually barred say to the Senate this afternoon that the courts in the past, have tried to from discussing the letter with anyone, the Senate can do better. It is possible, twist the arms of the court, have been including a lawyer. for example, to give the FBI additional rebuffed, from Thomas Jefferson, once, In the recent case of Doe v. Ashcroft, emergency power, power that should to Franklin Delano Roosevelt, another the Federal judge found that the FBI address the concerns they have raised time, when FDR had 74 Democrats in had abused this authority by using a in the open hearings, without removing this Chamber. He could do anything he national security letter to demand the independent checks so necessary in wanted, if they agreed. He had won his records from an Internet service pro- circumstances that are not emer- election by 60 percent of the votes. He vider without telling the provider that gencies. decided he did not like what the courts the letter could be challenged or even The bottom line is, let’s make sure were doing, so he said: Well, I want to that it could be discussed with a law- law enforcement has the tools that are double the size of the courts. He had yer. Congress should reform the na- necessary to fight terrorism, to protect the votes. But the Democrats in the tional security letter statute to make the people of our country, but not hang Senate said: Mr. President, we like it clear that national security letters up a sign on this PATRIOT Act reau- you. We love you. We think you are a can be challenged, that they can be dis- thorization that says: You hereby have great President. But we will not allow cussed with a lawyer, and that anyone a right to go on any fishing expedition you to pack the courts because the bot- who receives one has the right to be in- you desire. tom line is that our Founders did not formed as to their rights. Congress cer- The Senate can do better. The job of want a ruler, they wanted someone to tainly ought to consider adding sunset creating a more balanced protector of govern. They did not want a ruler, they to this provision. security and civil liberties still has wanted someone to govern. Therefore, Section 206 authorizes the FBI to use work ahead of us. I look forward to they believed very strongly in checks roving wiretaps in national security in- working with our colleagues on a bi- and balances and the rights of the mi- vestigations. The roving wiretap au- partisan basis to achieve those ends. nority so that we do not have a court thority allows the FBI to tap not just I suggest the absence of a quorum. The PRESIDING OFFICER. The system that has on it people who would a particular phone but any phone the clerk will call the roll. be so far out of the mainstream as to person being targeted might use. Un- The legislative clerk proceeded to disrupt the very fabric of our country. like criminal investigations, there is call the roll. Now, this President did his own move not even a requirement for the FBI to Mrs. BOXER. Mr. President, I ask to pack the courts. Let’s face it, that is make sure that the person being inves- unanimous consent that the order for what happened. He had the agreement tigated is using a line. If a suspected the quorum call be rescinded. and acquiescence of almost a majority terrorist worked in a warehouse, rov- The PRESIDING OFFICER. Without of the Senate, until a few brave Repub- ing wiretap authority could be used to objection, it is so ordered. licans came over to our side and said: tap a pay phone in that warehouse, and Mrs. BOXER. Mr. President, as I un- Look, let’s step back from this preci- every person who used that phone derstand, the Democrats have until 4 pice. Let’s not do away with the fili- could have their conversations secretly p.m. to speak as in morning business. buster. These are lifetime appoint- recorded. This provision, in my view, The PRESIDING OFFICER. The Sen- ments. These judges get good pay, and again, should be modified, and the sun- ator is correct. The time is to speak on they are never up for election. This is set should definitely be renewed so the the nomination. the only check and balance we have, Congress has more time to investigate Mrs. BOXER. Excellent. Mr. Presi- when their names are brought before how it has been used. dent, I am going to speak about the us. Finally, some of the tricky wording nomination of Janice Rogers Brown. So I was so appreciative of my col- in several places of the PATRIOT Act Before I go into the reason I hope the leagues on the other side for standing needs to be clarified. A provision that Senate will reject this nomination— up and saying: We are not going to looks like a safeguard for civil liberties and the ‘‘reasons’’ because there are change the rules of the game in the may expose Americans to unfair scru- many—I wish to put into context for middle of the game because some tiny when they exercise their rights. In my colleagues, and for anyone watch- President wants to pack the courts several places, the PATRIOT Act pre- ing this debate, why the Senate has with people who are so far out of the vents the use of various investigative spent so much time looking at the mainstream that it could set our coun- techniques when the investigation is rules surrounding the nomination and try back for generations. That is what based solely on the first amendment confirmation of Federal judges. really happened. activities of U.S. persons. Our col- It is very clear when you vote to con- Now, in order to get that deal they league, Senator LEVIN, has pointed out firm a Federal judge that it is a very came up with, they said to our side:

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 June 6, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 11643 You are going to have to give. You are went to the Senate and my mother Environmental Law Center; Leadership going to have to give on three judges never graduated from high school. It is Conference on Civil Rights; Legal Mo- whom you have stopped. This 10 on the interesting and it is important, and it mentum, formerly the NOW Legal De- chart represents the number of judges certainly says a lot about our country fense and Education Fund; Northwest Democrats have stopped. They said: In and the opportunity our country af- Environmental Advocates; NOW Legal order to get this deal, you have to give fords people such as Janice Rogers Defense and Education Fund; Oil Field up on three. One of those three judges Brown and BARBARA BOXER, and par- Waste Policy Institute; People for the is Janice Rogers Brown, a nominee way ticularly people of color, women of American Way; Planned Parenthood out of the mainstream, to the extreme, color who have even a harder time. Federation of America; Progressive which I will explain. It is a miraculous country we live in. Jewish Alliance; Religious Coalition But we have to remember this deal That is why I oppose her nomination, for Reproductive Choice; Service Em- only involves the vote to end the fili- because she would set it back. It is not ployees International Union; the Sierra buster. We said: OK, enough of our col- her life that I attack when I say I am Club; Southern Appalachian Biodiver- leagues will join with you to end the not for Janice Rogers Brown; it is what sity Project; the Foundation for Global filibuster. But the deal did not say: she will do to your life. If you look at Sustainability. Therefore, she would get automatically her record, you will see why the things And I have some more to share with voted in. We still have the up-or-down she will do to your life are things you you. It is very rare to see such an out- vote on Janice Rogers Brown. A lot of would not want. pouring of opposition to a court nomi- us believe very strongly that 51 of us So I want you to listen to the groups nee. should oppose this nomination. I think that are opposed to Janice Rogers Planned Parenthood Golden Gate; we might well get those 51 noes, or Brown: Planned Parenthood of Los Angeles; close to it, but, obviously, we are push- ADA Watch/National Coalition for San Bruno Mountain Watch; San Fran- ing for 51. Disability Rights; Advocates for the cisco La Raza Lawyers; SEIU Local 99; Now, again, I want to focus your at- West; AFL–CIO; Alliance for Justice; Stonewall Democratic Club of Los An- tention on these numbers: 208 to 10. It Alliance for Retired Americans; Amer- geles; Unitarian Universalist Project is actually 209 to 10 with the Priscilla ican Association of University Women. Freedom of Religion; Western Law Cen- Owen judgeship approved. We have I want you to think about why these ter for Disability Rights; Women Law- stopped 10. We have approved 209. And groups are opposed to her. Every one of yers Association of Los Angeles; Wom- this President and the Republicans them is opposed to her because they en’s Reproductive Rights Assistance here have been crying every morning have read her list of cases and they un- Project; Lawyers Committee for Civil that they do not get 100 percent of derstand that she will hurt them. Re- Rights of the Bay Area, NARAL Pro- what they want. They have gotten 95 tired Americans, when you hear about Choice California; National Associa- percent of what they want. It is not what she thinks about seniors, you will tion of Women Business Owners, San good enough. When you want all the understand that. Francisco Chapter; National Council of power, it is not good enough. American Federation of State, Coun- Jewish Women, California; National When I go home and look in the eyes ty, and Municipal Employees; Amer- Council of Jewish Women, Los Angeles; of my constituency, I ask: If you got 95 ican Lands Alliance; American Plan- National Women’s Political Caucus of percent in your course, would you be ning Association; American Rivers; California, which is a bipartisan orga- happy? Oh, yes. If you got 95 percent of Americans for Democratic Action; nization; Pacific Institute for Women’s what you wanted from your spouse, Americans United for Separation of Health; Mexican American Legal De- would you be happy? Oh, ecstatic. If Church and State; Amigos Bravos; fense and Educational Fund; Mineral you wrote a list down of everything Bazelon Center for Mental Health Law; Policy Center; NAACP Legal Defense you wanted in your life—where you Center for Biological Diversity; Center and Educational Fund; NARAL Pro- wanted to go for a vacation, where you for Medicare Advocacy; Citizens Coal Choice America; National Abortion wanted to be educated, the kind of car Council; Clean Water Council; Clean Federation; National Asian Pacific you wanted—and at the end of the day Water Action; Clean Water Action American Legal Consortium; National you got 95 percent of what you wanted, Council; Black Women Lawyers of Los Association for the Advancement of you would be thrilled, except if you be- Angeles; California Abortion and Re- Colored People, the NAACP; National lieve you deserve 100 percent, by God, productive Rights Action League; Cali- Bar Association. and nothing less will do. That is what fornia Association of Black Lawyers; And there are more. This is remark- we are facing with this Republican Californians for Fair and Independent able. I needed this time to go through power grab. That is what we are facing. Judges; California Federation of Labor, this extraordinary list, representing Remember those numbers: 209 to 10. AFL–CIO; California League of Con- millions and millions of Americans When you are out somewhere and servation Voters; California National who are saying no to Janice Rogers somebody says: Well, aren’t the Demo- Organization for Women. Brown. crats blocking all these judges? No, no, Do we have more here? National Council of Jewish Women; no. Ten; and we approved 209. California Native Plant Society; National Council of Women’s Organiza- Now, I am going to show you in just California Women’s Law Center; Cali- tions; National Employment Lawyers a moment the list of the groups that fornians for Alternatives to Toxics; Association; National Committee to oppose Janice Rogers Brown to be put Chinese for Affirmative Action; Envi- Preserve Social Security and Medi- on the DC Circuit Court of Appeals. ronmental Defense Center; Environ- care—folks, when you hear what she Now, when you see these groups, you mental Law Foundation; Equality Cali- says about Social Security, you will will be shocked because I think every- fornia; John Muir Project; Coalition of understand it, and senior citizens—Na- body knows by now that Janice Rogers Labor Union Women; Coast Alliance; tional Fair Housing Alliance; National Brown is the daughter of a share- Committee for Judicial Independence; Family Planning and Reproductive cropper. We have heard that over and Community Rights Counsel; Congres- Health Association; National Health over again, and that is remarkable. We sional Black Caucus; Defenders of Law Program; National Organization have a lot of remarkable stories in Wildlife; Delta Sigma Theta Sorority; for Women; National Partnership for America. Disability Rights Education and De- Women and Families; National Senior My own mother never even went to fense Fund; Earthjustice; Earth WINS; Citizens Law Center; National Urban high school. I am in the Senate. She Endangered Species Coalition; Equal League; National Women’s Law Center; had to drop out to support her family. Justice Society; Families USA; Femi- Natural Heritage Institute; Natural There are lots of stories like that. But nist Majority; Friends of the Earth; Resources Defense Council; New Mex- I do not expect people to automatically Georgia Center for Law in the Public ico Environmental Law Center; the support me because in my family I Interest; Gray Panthers; Great Rivers Wilderness Society; Union for Reform

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 11644 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 June 6, 2005 Judaism; Unitarian Universalist Asso- children because they have a ‘right’ to Who could you find who was more com- ciation; USAction; Valley Watch, Inc.; get as much free stuff as the political pelling to help than, say, an elderly Washington Environmental Council; system permits them to have.’’ woman, whom she calls a militant sen- Western Land Exchange Project. So she looks at grandparents like me ior citizen, who can barely stand up or So that is a long list. That is a long as cannibalizing our grandchildren. I look up from her walker? list. There is a reason why these orga- ask every grandmother and grand- She said San Francisco was ‘‘turning nizations—many of which are non- father in America to oppose this into a kleptocracy’’ and that ‘‘private profit, many of which are bipartisan, woman getting on the bench. How can property is now entirely extinct in San many of which represent women, rep- someone look at grandparents as can- Francisco.’’ resent minorities, represent families, nibals because they may think it is im- This woman absolutely lives in a represent seniors, represent the envi- portant to get the Social Security and dream world to say something like ronment, represent fairness in the judi- Medicare for which they paid into the this. If you try to buy a home in San cial system—there are many reasons system? It is outrageous. Francisco, you can buy it, if you have why they oppose Janice Rogers Brown. She declares: $1 million. So I don’t know what she is I hope if this debate on Janice Rogers Big government is . . . [t]he drug of talking about. She makes things up Brown does nothing else, it sends a choice— that fit her ideology. Imagine saying message to the American people that Here she goes after everybody— that providing housing assistance to when the Democrats stood up and said for multinational corporations, single moms, displaced elderly, disabled, and low-inno to 10 people—and, by the way, said regulated industries, rugged Midwestern come people has no chance of suc- yes to 209—said no to 10 people—actu- farmers, and militant senior citizens. ceeding because it is unconstitutional. ally, now it is 9 people—they are people Every time I read that I think of the Her views stand alone as being so out like this. They are people like Janice senior citizens I know getting dressed of the mainstream. Rogers Brown who are opposed by up in a military uniform and taking Speaking of standing alone, I wanted mainstream America. over the country. OK everybody, it is 12 to tell you about Janice Rogers Brown. At the end, I will read the editorials o’clock, let’s play bingo now. She sits on the California Supreme that are coming out across the country She declares: Court where she has been since 1996. against Janice Rogers Brown. Packing Big government is . . . [t]he drug of choice She is on a court that has six Repub- the courts with people like this will set for militant senior citizens, for single moms, licans and one Democrat. She is a Re- our country back, and these organiza- for rugged Midwestern farmers. publican. Follow this: She sits on a tions that have worked for so many She takes them on, too. What is she court that is made up of six Repub- years for fairness, for justice, for equal- thinking? I don’t know any farmers licans and one Democrat. You would ity, for fairness in the workplace, for who believe big government is what think she would be happy as a clam. equal pay for equal work, for good they want in their lives. No, she is not because those other Re- treatment in the workplace, to protect She is bad on first amendment rights publicans, not to mention the one the air and water, know what they are of individuals. She argued that e-mail Democrat, don’t see life through her talking about. messages sent by a former employee to eyes. She is so outside of the main- Let’s see some of the things that she coworkers criticizing a company’s em- stream that she stood alone on court has said in her lifetime on the bench. ployment practices were not protected decisions 31 times. I am going to tell She said: by the first amendment. This was a you of some of these cases where she Where government moves in, community young man who sent out a few e-mails stood alone. retreats, civil society disintegrates, and our during a very long time period, and she She was the only member of the ability to control our own destiny atrophies. said he had no right to free speech. He court to vote to overturn the convic- The result is: Families under siege— couldn’t do it. But the corporation tion of the rapist of a 17-year-old girl This is Janice Rogers Brown. This is could do it all day long. because she believed the victim gave what she thinks of America. This is This is showing you some of her deci- mixed messages to the rapist. She was what she thinks of the greatest coun- sions and her statements. She said a the only one on the court who stood on try in the world— manager could use racial slurs against the side of the rapist. This is who families under siege; war in the streets; his Latino employees. Can you imagine George Bush wants to put on the bench unapologetic expropriation of property— that? Using racial slurs in the work- so she can stand against your daugh- As someone who owns property, no place? That was fine with Janice Rog- ter? I don’t think we should do that. one has ever tried to take it away from ers Brown. We should stand up and be counted on me. I don’t know what her problem is— She is way outside the mainstream. this vote. We should not be standing the precipitous decline of the rule of law; the She argued that a city’s rent control with someone who supports a rapist. It rapid rise of corruption; the loss of civility; ordinance was unconstitutional as a re- is as simple as it gets. and the triumph of deceit. sult of the revolution of 1937. Believe She was the only member of the She must hang out with some pretty me, most of the people who passed that court to find that a 40-year-old woman tough people. ordinance weren’t alive in 1937, so that who was fired from her hospital job The result is a debased, debauched culture is her other attack on the New Deal. could not continue with her lawsuit. I which finds moral depravity entertaining She is way back. She has this thing want you to think for a moment of a and virtue contemptible. about the New Deal, as if the New Deal 60-year-old woman with a great em- This is Janice Rogers Brown’s view of is what we are talking about today. Ev- ployment record—and I have to tell life in America. I didn’t know, when we eryone agrees that what has survived you, maybe it is my age, but you are passed the seatbelt law or legislation of the New Deal is very important wage still going pretty strong at 60—and she to help the victims of domestic vio- and hour laws and protections and So- was fired based on age discrimination. lence, that our society disintegrated. cial Security. She is after it all. This is Janice Rogers Brown: But she thinks so. She argued that a law that provided Discrimination based on age does not mark She calls Supreme Court decisions housing assistance to displaced elderly, its victims with a stigma of inferiority and upholding New Deal protections such disabled, and low-income people was second-class citizenship. as the minimum wage and the 40-hour unconstitutional. This is very inter- Really? The woman was fully em- workweek ‘‘the triumph of our own so- esting because having been in local ployed, did a great job, was doing her cialist revolution.’’ I didn’t know it government myself, one of the things work, was getting rewarded with a sal- was socialism to say that people ought that we try to do is help get housing ary, and the next day she wakes up, to work 40 hours, basically. for people who are so vulnerable. This and for no reason, she is fired. And She accuses senior citizens of is a law in San Francisco for the elder- Janice Rogers Brown says: That is not ‘‘blithely cannibilizing their grand- ly, disabled, and low-income people. a stigma. That is no reason to feel bad.

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 June 6, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 11645 That is not a reason to feel like a sec- nated against and their contraception when he declared victory in 1992 and ond-class citizen. does not have to be protected. the Supreme Court gave him his seat. I beg your pardon. Six others on that Talk about going back. We are going He came out in a most humble way, he court—five Republicans and one Demo- back with this woman. She stood said: I will govern from the center. crat—thought Janice Rogers Brown alone. I believed him at that point; I hon- was off the wall. Her position saying The only member of the court to find that estly did. And then you have a nomina- that age discrimination is not a stigma a county could not sue a utility company for tion like this, and you just wonder and, in fact, was really not discrimina- illegal price fixing that had substantially in- were those empty words? I have to say tion at all is contrary to State and creased the county’s costs for natural gas. they were because you have to judge Federal law. So George Bush wants to Where has this woman been? Does people not by their words, but by their elevate a woman who says essentially she think about things like Enron? The deeds. You have to judge this judge by there is no such thing as age discrimi- scams that went on in California and her decisions. She was standing alone nation. Let’s face it, that is the bottom on the west coast? Maybe she should go 36 times in a court of 6 Republicans and line. see that movie, ‘‘The Smartest Guy in 1 Democrat. We have some more. Someone can ask: Well, Senator, the Room,’’ I think is the name of it. It The only member of the court to find that where did she say that? That is the re- is a story about Enron and their ma- a State fair housing commission could not sult of her ruling. She stood alone 31 nipulation of the market. Here you had award certain damages to housing discrimi- times, and now George Bush wants to a situation where a county was being nation victims. elevate her. run into bankruptcy because of the Imagine that. This is a minority There were other times that she utility bills they were getting from a woman, and she doesn’t understand in stood alone. This is how far out of the private utility. Every single justice on her heart how it must feel to be dis- mainstream she is. She was the only that court in California said absolutely criminated against when you are look- member of the court to oppose an ef- the county has a right to sue that util- ing for housing simply because of the fort to stop the sale of cigarettes to ity company. They ran up the price of color of your skin or perhaps your reli- children. I say to every parent in natural gas. They hurt consumers. gion. It is stunning. It is absolutely America who may be listening to the They hurt the county. But not Janice stunning to me. The only one to stand debate, you don’t want your 10-year-old Rogers Brown. She stood with the util- alone on this court. or 9-year-old or 11-year-old or 12-year- ity company. So I am going to close with—wait, old to walk into a supermarket to start Are you getting the picture here of there is more. We have a few more of smoking, which we know is dev- someone who deserves a promotion? I these ‘‘only times to stand alone.’’ astating, which we know is addictive, hope not because I don’t think she The only member of the court to find that which we do everything we can to stop does. I hope that what I am doing a jury should not hear expert testimony in our kids from doing. If you want your today is making the record clear that domestic violence cases about battered wom- kid protected, then you tell George when we stood up against these 10 en’s syndrome. Bush Janice Rogers Brown doesn’t de- judges—although in essence now 9—she You all know what battered women’s serve to be elevated for that kind of de- was one of them for a reason. It is not syndrome is. It is a situation where a cision. happy for me to have to go against woman has been beaten and beaten and This isn’t the 1950s. I remember the someone from my own State. It is not abused and abused—sometimes to a 1950s where they used to say cigarettes enjoyable for me to have to go against pulp. And it impacts her actions to- are great for you. They are relaxing. somebody who is a woman whose life ward her abuser. She was the only They are wonderful. We gave them out story is remarkable. It is not easy for member of the court to find that a jury free to people to tell them: Calm your- me to have to take a stand against a should not hear expert testimony deal- selves. This is terrific. You will live a minority woman, and it is not easy for ing with Battered Women’s Syndrome. long time. every civil rights organization in this Well, to me, that says she stands The leading cause of cancer death country to do the same. But we need to with the batterer against the woman, among women is not breast cancer, it know what we are doing. against the victim. I have colleagues is lung cancer. In the meantime, she is This President has to get a message. here who want, and support, an amend- saying: No, you can’t stop the sale of This could have been avoided if he had ment to the Constitution to give rights cigarettes to children in this particular sent his people to see the Senators, to victims. Yet, they are going to vote case, which was the case that came be- which is the way it used to be done. Do for this woman who stood with a rapist fore her. you think it is OK to give this woman and who stood on the side of batterers. She was the only member of the a promotion? No. Let’s talk. Can we It doesn’t make sense. court—remember, five Republicans and talk? Can I show you this research? This woman does not deserve to be one Democrat—who voted to strike Can I show you how many times she promoted for standing against the vic- down a State antidiscrimination law stood alone, how she is bad for fami- tims of violence and with the perpetra- that provided a contraceptive drug ben- lies, how she is horrific for senior citi- tors of violence, and she stood alone. efit to women. In the old days in this zens, how she has ruled against con- The only member of the court who dis- country getting a contraceptive was il- sumers, how she stood with the rapist? sented from a decision that a standard work- legal. It was the Supreme Court even- Can I show you? We never got the er’s compensation claim did not bar her civil tually—and there is actually a 40th an- chance. claim for sexual harassment. niversary of this tomorrow, the Gris- This President doesn’t believe in ad- That makes absolutely no sense. You wold case. Until the Griswold case, it vice and consent. He does not believe in go to work and you sign documents. was illegal to use contraception in this it. He looks at it as an annoyance. He One of them is a workers’ comp release country. The bottom line is, this case should read the Constitution. Senators form. They are forms. Then this person of the Supreme Court turned it around are supposed to be giving advice and finds out there is sexual harassment in and said you can’t stop something. So consent—advice at the front end, con- the workplace, and she brings a lawsuit here you have a situation where the sent when we have the vote. But, no, to stop it, and Janice Rogers Brown State is saying you can’t discriminate they want 100 percent. They want to says: Well, the day you came to work against women. You need to allow pack the courts. They want to pack the and filled out all your forms, you said them to be covered with this prescrip- courts with people who will hurt aver- you would not file a workers’ comp tion drug contraception. Janice Rogers age Americans and stand up for the claim. Brown says: Wait a minute. I am stand- special interests and the far rightwing Workers’ comp is not a civil remedy ing alone. of this country. for sexual harassment, in my opinion. She was the only member of the That is not what this President said Workers’ comp is getting hurt on the court who said women can be discrimi- he was going to do. I remember the day job; it is not sexual harassment. She

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 11646 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 June 6, 2005 stood alone. I am sure her colleagues The minority in the Senate certainly is a sharecropper. A sharecropper is a per- on the court were stunned, but that is justified in filibustering a lifetime appoint- son who does not own land but farms a Janice Rogers Brown. She stands alone ment of Brown. The Court of Appeals for the part of somebody else’s property. He against victims and with the perpetra- District of Columbia Circuit is the last place pays the landowner with some of the we need a judge who would impose 19th cen- produce and keeps a little of the tors of violence and harassment. tury economic theory on the Constitution The only member of the court to find noth- and 21st century problems. produce for himself and his family. That is how she grew up. Somehow, as ing improper about requiring a criminal de- How far back are we going to go? fendant to wear a 50,000 volt stun belt while I have to say to my colleagues who a teenager, she moved off to California, testifying. may be watching this or may be com- worked her way through college and This is amazing. She thought: Oh, no, ing back to the Hill today, we have an then law school. She then worked for the attorney wear a 50,000-volt stun belt. And every opportunity here to stand up for the general’s office of the State of Cali- other judge on the court said: No, no, people of the United States of America. fornia in which she represented the no, this is America. We don’t do that We have an opportunity to say no to State on appeals of criminal cases. She here. But not Janice Rogers Brown be- someone—not that they do not have a wrote the briefs, she argued the legal cause she is so out of the mainstream. wonderful life story, but in spite of The only member of the court to find that questions, she participated in the trials that life story because this appoint- of criminal cases, but I think most of a disabled worker who was the victim of em- ment is not about her life, it is about ployment discrimination did not have the her time was spent writing the appel- right to raise past instances of discrimina- our life, it is about your life, it is about late briefs to the court of appeals. tion that had occurred. the lives of your children, your grand- By the way, of course, supreme court So here you have a disabled victim. children, your grandmother, your justices, like appellate judges, do not She had multiple sclerosis. So I say to grandfather. try cases, like the big cases we see in This is an appointment that is out of those who have a disability or to those the newspapers. They simply review the mainstream, so stated by George who have compassion in their heart, the trial record of cases that have been Will. This is a woman who stood alone you have a string of examples of how tried. 31 times. You will hear my colleagues you were discriminated against. Janice They determine whether a fair trial on the other side say: Don’t listen to Rogers Brown said: Oh, no, that is not occurred and whether the judgment Senator BOXER, her explanation of admissible. We don’t want to know should be affirmed or reversed and a these cases is inaccurate. But I have to about it. She stood alone. She is bad new trial held, that sort of thing. That tell you, it is accurate. When you have for workers, for victims, and the dis- is what she has been doing on the Cali- a woman who is a Republican who abled. That, I think, completes our fornia Supreme Court. That is exactly stood alone against five other Repub- work on when she stood alone. I am what she would do if she were ap- lican mainstream judges 31 times, who going to close, in the few minutes I pointed to the court of appeals in the dissented more than a third of the time have remaining, with some editorials DC Circuit. in a courtroom such as this, you know to show the broad range of comments Her judicial philosophy is absolutely you are looking at someone who does about Janice Rogers Brown. I am going mainstream. She agrees with the Presi- not deserve a promotion. to lead off with George Will, a very dent of the United States, President I am going to keep talking about this conservative columnist, as I think George W. Bush. She is in harmony nomination. We are going to have a most of my colleagues know. He talks with his view of the role of courts and press conference with all of these about the deal that was cut on the fili- the rule of law in America. Make no groups that we can manage to muster, buster, and he says: mistake, this is a big question. He cam- and we are going to be very strong to paigned on that issue around the coun- Janice Rogers Brown is out of that main- our colleagues in saying, yes, we are stream. try. President Bush talked about the not filibustering Janice Rogers courts and about the role of courts in It is a fact, he is calling her out of Brown—we gave that up as part of the America. He talked about what we the mainstream. This is George Will, deal we made so that we would not see should do to strengthen the rule of law and there is not much room on his filibusters outlawed—but we are going in this country, how important it was right. So that is interesting. to fight to see that she does not get the to him, and he promised to appoint The MercuryNews: 51 required votes. judges who would show restraint and As an appellate judge who would hear the I thank the Chair, and I yield the not utilize their opportunity on an ap- bulk of challenges of Federal laws coming floor. pellate bench to redefine the meaning out of Washington, her appointment would The PRESIDING OFFICER. The Sen- be disastrous. of words, to have it say what they want ator from Alabama. it to say so they can impose their po- I want you to know, the Mr. SESSIONS. Mr. President, I ask litical views through a court ruling. MercuryNews is in Silicon Valley. The the question: How did a wonderful per- He said, I do not believe in that kind MercuryNews is very balanced. The son and a wonderful nominee, such as of jurisprudence. In fact, it has not MercuryNews is very moderate. They Judge Janice Rogers Brown, become so been the heritage of our country for 200 say her appointment would be disas- controversial? What is it that is going years, but in recent years it has be- trous. on here? come the vogue in law schools and in She’d be likely to strike down critical en- She served 8 years on the California certain areas of the country, California vironmental, labor laws, and antidiscrimina- Supreme Court. She has served on the being one of them, frankly, to have an tion protections. Brown, though, has infused Third Appellate District Court of Ap- activist judiciary. her legal opinions with her ideology, ignor- peals of California. Every member of ing higher court rulings that should temper Judges are praised for being bold and her judgment. that court of appeals with whom she stepping out. We had one judge under has served has written in support of her That is a scathing editorial of this President Clinton who was confirmed nomination. She was reelected to the to the court of appeals from California. nominee. California Supreme Court with 76 per- He had been in the court system and he The issue isn’t Brown’s qualifications— cent of the vote. I think there were said, well, it is the duty of a judge to The Sacramento Bee says— four other judges on the ballot. She act when the legislature would not act. it’s her judicial philosophy. had the highest vote of any of those That is what the definition of activism This is the Sacramento Bee. This is judges. California is certainly not a is, a judge who believes he has a duty California speaking to the rest of the right-wing State. to do something if he thinks the politi- country. We should be prideful, but we She grew up in my home State of cally accountable bodies in our country are not. We are upset about this ap- Alabama, not too far away from my do not; that it is perfectly all right for pointment. The issue is not her quali- hometown in a small town area of a judge to act if the legislature does fications, it is her philosophy. Greenville, AL. She is the daughter of not act.

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 June 6, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 11647 I will tell America, and this is impor- What was the deal? It is not their union among whatever, then that is it. tant, when a legislature does not act, it politics that counts. It is their judicial What does one do then? What does it made a decision not to act, and those philosophy. That is what counts. What take to have a constitutional amend- legislators are responsible to the peo- is their view of the role of a judge? ment? It takes a two-thirds vote of ple. If they are irresponsibly failing to What is their understanding of what both Houses of Congress and three- deal with a problem, they will be re- law means in this country? fourths of the State legislatures. So moved from office eventually. There are people who are teaching judges have great power. If they abuse A Federal judge is given a lifetime postmodernism in our law schools it, it is a big deal. I think that is why appointment. They are not accountable today. Some of them have been called we are seeing the attack on a number to the public. We cannot cut their sal- advocates of the critical legal studies of our nominees that I think is not ary. So what we need is judges who un- idea. And what do they say? Nothing is fair. It goes beyond what is right. In derstand the role of the judiciary in really true; one cannot look at a stat- fact, they have sort of become pawns in the American system. We need judges ute and interpret it. One can look at this battle over the nature of our judi- who show restraint and who under- that statute and they can make it say ciary. stand that America is built on a polit- whatever they want it to say and jus- I have watched these groups closely ical system and a constitution that tify that. over the years, and I have to tell you should be faithfully followed and the It is a dangerous philosophy. People some of these leftwing groups that cre- political decisions ought to be made by have fought for our country, died for ate these attack ads and attack pieces those people in rooms such as this, in our country, and in large part they on these nominees ought to be ashamed the State legislatures and in the Con- died to preserve the rule of law. Maybe of themselves. It is not legitimate or gress. We are accountable to the people they did not even believe in the war, fair what they do. They dig into their who elect us. but they were called to go and they records, every statement they have Make no mistake about it, empow- went and served their country because ever made, their personal history, the ering judges to carry out political they were legally called to serve. They cases they have had, the speeches they agendas is an anti-democratic act. It did their duty. It has been the corner- have made, and they try to find any- undermines the power of the people of stone of this country’s strength since thing they can. They will take one sen- our country. Many of the complaints its founding. tence. Maybe there are two paragraphs made against Janice Rogers Brown are As I travel the world, as I have the of qualifying explanation and they will because she adopted and does believe in opportunity to do as a Senator on occa- take one sentence out of context and the view of a judiciary that the Amer- sion, I am more and more convinced say that represents a certain thing and ican people value, that President Bush that our legal system, our respect for therefore this nominee should be voted values and that was affirmed in this law, is what makes this country great. down. past election when he won. That is If someone signs a contract, they can But we are Members of the Senate. what she believes. expect it to be enforced. If they do not We are the ones who took an oath to do Now, the Court of Appeals in the pay their house note, someone will our duty to enforce the Constitution, Ninth Circuit Federal court in Cali- come and take the house. But because to fairly judge nominees the President fornia a few years ago was reversed by of that, a person can borrow $200,000, a sends up here. That is our responsi- the U.S. Supreme Court 27 out of 28 middle-class working American, and bility. We cannot pass that off to some times. They reviewed 28 cases from pay it back at 6 percent interest over group, some polling data, some news- that court and reversed it 27 times. The 30 years. Now, tell me where that hap- paper editorial. So they take a bit New York Times said a majority of the pens in another place in the world? here, a bit there, a statement, a word, members of the U.S. Supreme Court It is part of the legal system that is a case, a circumstance—they take it considered the California court to be a so important, and we have a dangerous out of context and distort it, many rogue circuit. trend in this country. We have mem- times dishonestly; dishonestly, many So this is not an itty-bitty matter. bers of the U.S. Supreme Court quoting times deliberately doing so, to try to People have been saying, oh, this is the European Union as if that would af- create a caricature of this nominee. politics, this is Democrats and Repub- fect how they interpret a statute Then they ask the people of the Sen- licans fussing and it is a little political passed by a State legislature or the ate to vote against them. Vote against discussion which does not amount to Congress or the Constitution ratified in them. But we should not do that. That much, and what does it have to do with 1789. What possible value could that is not what the Senate should be about. us. have? This is a dangerous trend. Janice Rogers Brown sees things dif- Well, the truth is, the issue is simple, Judges are getting to the point where ferent from some people; particularly, I but it is far more important than party they feel they have to solve difficult guess, in California. She has a more politics. I am sure some in this body questions; that the legislatures cannot classical understanding. She made a vote for political reasons and have not get them figured out quick enough to speech one time in which she ques- given a lot of thought to the judiciary satisfy them so they want to solve tioned the validity of the welfare state and what is important, but we are deal- them. It is not good. It erodes public and whether it helps people. So they ing with the role of the judiciary in respect for the courts because more say she is against all poor people and America. and more they realize they are not de- welfare. She questioned overreaching As a Senate, when we deal with con- ciding these cases on what the law says regulations. They say she is against all firmations, it is all right to ask some- or what the Constitution says but what regulations. She is a throwback. She body about their political views or to they think. doesn’t believe in any government reg- look at their political views, but we do Who cares what they think? We do ulation. Whereas she has ruled on hun- not vote for and against nominees not pay judges to think. We pay judges dreds of cases affirming government based on that. I voted for 95 percent of to rule on the law. regulations, for Heaven’s sake. President Clinton’s nominees. I did not It is a big deal and this is what it is But some regulations do overreach. agree with their political views on all about. Do not make any mistake. Is there any doubt about that? One of many things. I felt most of them who The left understands it. They under- them dealt with rental property in came through, certainly the ones I stand this absolutely, and the courts California. The owner had long-term voted for, were committed enough to have been the one branch of Govern- leases and decided to convert them to the rule of law that I could vote for ment they have been utilizing to ad- short-term hotel work. He wanted to them. Some I had doubts about, but I vance agendas the American people are convert the building to a full-fledged gave the President the benefit of the not supportive of—in fact, oppose. But hotel. Do you know what they told him doubt and voted for them. A few I op- if someone can get a judge to say the in California? Well, we know this is posed. Constitution says a marriage can be a your property, Mr. Owner, but, you

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 11648 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 June 6, 2005 know, we want to help poor people and sulted in the discovery of illegal drugs. you cannot say something in the fu- we want you to pay money to create That was a dissent, also. So what are ture. You can say what you said in the low-income housing before you can do these dissents about? You don’t dissent past was wrong and you can be sued for that. Before you can do that you have in America? Judges dissent all the it, you can be put in jail, perhaps, if it to pay this money or create some other time. Every time you have a 5-to-4 de- amounts to a criminal action; but the housing. What kind of thing is this in cision of the U.S. Supreme Court you courts in this country have always, as America? have four dissenters. There are many 8- a result of free speech concerns, been They say she doesn’t believe in gov- to-1 decisions and one judge dissents. very reluctant to enter into prior re- ernment regulations. That doesn’t That is nothing unusual. straint, as the judges call it, to stop sound like a decent regulation to me. Some of these dissents she partici- someone from saying something in the So she opposed that, citing Supreme pated in were joined in by liberal mem- future. You pay a price if you say the Court precedent. I am going to tell bers of the California Supreme Court. wrong thing in the future, but to order you, the Constitution of the United Also, I think it is important for us to them never to say something is a very States provides someone’s property note that in 2002 she was called on to dangerous thing. cannot be taken from them without write the majority opinion for the Cali- The court split on that case, 4 to 3. just compensation having first been fornia Supreme Court more often than Yes, she was a dissenter, but also dis- paid. That is what the law is and what any other member of that court. So senting with her in that case was the it ought to be. Private property is pro- how is she such an out-of-the-main- liberal icon of California jurisprudence, tected in our Constitution as much as stream person? She wrote more major- Stanley Mosk, her colleague on the free speech. The left talks about free ity opinions in 2002 than any other bench. This was a 4-to-3 decision rep- speech, but we will talk about a case or member of the court. What happens is, resenting a very important idea. She two that they have accused Justice when a court gets together and dis- specifically condemned the language. Brown of acting improperly on and all cusses a case before they finally vote She said people could be sued, they she was doing was affirming clearly and make their opinion, they see how could have penalties imposed. She was and unequivocally the right of free the judges analyze the case. If it is a concerned about a court injunction speech in America. But the left doesn’t majority or a unanimous decision one saying to somebody, they could not say really believe in free speech. They have way, someone is selected to write the certain words in the future. That is an agenda they want to promote. It is opinion for the majority. If it is 5 to 4, what the question was. Any legal big government in domination of our someone is selected to write the opin- scholar in this country would agree lives in any number of different ways. ion for the five, the majority. Some- that is a difficult matter. We ought to I think this lady is a superb justice. times there will be four different dis- be careful before we pass injunctions She writes beautifully. She cares about sents, maybe one dissent with all the saying people cannot say something. A America. She grew up in a land of seg- rest joining in. Judges can do it any prominent liberal jurist, Justice Mosk regation. They have accused her of not number of different ways. agreed with her on that point, as did favoring civil rights. She has been dis- This idea that she is out of the main- three of the justices on that court. criminated against herself. She is an stream because she has dissented on One of the things one of the groups African American who was raised in cases is a total mischaracterization of has attacked her about, and I don’t segregated Alabama and went off to her record. They have gone back and know if the Senators have raised it California and had a tremendous suc- dug through her records and tried to yet—I wouldn’t be surprised, is the use cess story. The judges who write about find numbers and ideas and concepts of stun belt on a criminal defendant in her or lawyers who write about her say that put her in a bad light. They ignore court. she is brilliant, intellectually honest, the fact she wrote the majority opinion We are familiar with the recent case always thinking to do the right thing. in 2002 in more cases than any other of in the Atlanta, GA, courthouse, where She speaks with clarity and integrity. the nine justices on the California Su- a violent defendant overpowered the She is highly qualified. She doesn’t preme Court. guard, took a gun, shot a bunch of peo- There are a lot of different cases in agree with the leftwing agenda politi- ple, ran off. There was a national up- which she has been criticized. A lot of cally and she said so, but that doesn’t roar over what to do about it, why that great dissents have been issued in this impact her legal decisions. That is shouldn’t have happened, and how we country. There is the dissent of Justice what is important: How do you rule in ought to take steps to prevent this in Harlan in the separate but equal case cases? the future. That was a good, healthy A judicial philosophy that shows re- of Plessy v. Ferguson. Was that a good debate. straint, let me say, is far less dan- dissent? I think it was a good dissent. gerous than a judicial philosophy that By the way, in the zoning case her There is a device called a stun belt justifies expanding power. I think this critics talk about, alleging that she that can be placed on a defendant. Sim- nominee, with her experience as a pros- was taking an extreme position on that ply by pushing a button, apparently, ecutor and understanding criminal law case, that vote in the California Su- one can immobilize a subject wearing a will do an excellent job on the federal preme Court was 4 to 3. Only four stun belt. bench. judges were for it; three were against In recent years, we cannot bring Some critics complain about her sole it. She wrote the dissent. I thought it criminals into the courtroom in prison dissents. She was a sole dissenter in a was a great dissent. garb. You cannot bring a prisoner in a death penalty case, saying that the Several times, Senator BOXER and courtroom and sit them before a jury lawyer was inadequate. No other per- others have said Justice Janice Rogers in handcuffs. That would bias the jury, son complained about her dissents, pre- Brown said it was okay for Latinos to the courts have said, in their effort to sumably because she was some right- have racial slurs uttered against them be fair to defendants. wing person, but she believed this de- in the workplace. That is a terrible I was a prosecutor; I remember when fendant had not been properly defended charge. That is not true. Sometimes we that started happening. So we had to by his lawyer, so she was the sole dis- wonder if there is a lawyer in this sit them up there in the witness box senter in that case. whole building. Is there anyone who without any chains or handcuffs. You She dissented in another case, a knows how the legal system actually never knew what they were going to criminal case, in which a person was works? The case they referenced was do. There were marshals and sheriff’s stopped because he was riding his bicy- the Aguilar case. A court injunction or deputies standing on alert to see if this cle the wrong way on a street, and she court order barred a manager from guy was going to make a break. believed it was a racial profile stop. using racial epithets in the future, They came up with this idea to put a They didn’t have a basis to stop that raising grave first amendment con- stun belt around a defendant, under person to begin the search that re- cerns to tell someone in our country, their clothes, that could not be seen.

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 June 6, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 11649 This guy was referred to as being psy- posed flatly to all affirmative action about the problem of an overreaching chotic, violent, dangerous in any num- programs in all circumstances. She has judiciary and the need to make sure ber of ways and the California Supreme specifically acknowledged that ‘‘equal the judges we have are talented, smart, Court said, you cannot make him wear protection does not preclude race con- proven men and women of integrity it. It made him nervous. scious programs.’’ Certain race-con- and ability, but men and women who I hate to say that was a silly opinion, scious programs can be approved under will show restraint on the bench, who but it was, in my view. I bet if the deci- the law. And she favorably cites Su- will follow the law as written, even if sion was made after the Atlanta court- preme Court decisions establishing the they may not personally agree with it. room incident, they may not have affirmative duty to desegregate where Because if they want to write the laws, ruled the same way. But one justice on there has been a showing of a prior dis- they ought to run for office and see if that court saw it correctly: Janice crimination, that you can issue orders, they can get elected. Maybe the reason Rogers Brown. She dissented from that then, if there has been a proof of dis- people who got elected did not pass a decision. That was the right thing to crimination. law they wanted is because the Amer- do. Absolutely the right thing to do. I She provided a historical discussion ican people did not want that law, salute her for it. She should not be of all of American equal protection their constituents did not want it, and voted down for those issues. law. It was part of an extremely well- that is why they did not pass it. So There are many of these examples of reasoned opinion. But it has made they are not empowered to impose distortions of her record we could talk some of those on the left unhappy, you their personal views by subtly manipu- about. One interesting case in which see, because she is not in lockstep for lating words and language and phrases Justice Brown authored a majority all these items, she is not in agreement and other things to make the case opinion deals with the question of af- with everything. She thinks there are come out the way they want it to come firmative action. It is the kind of case limits to what the Government can do out. That is not what they are empow- that gets someone in trouble with cer- in this area, and should do, consistent ered to do. tain leftwing groups in this country with the Constitution of the United I think Janice Rogers Brown rep- but is consistent with the law of Amer- States. resents the classical view of law, the ica and the law of the State. She did There are many other cases she has mainstream view of law, which I will the only thing appropriate. It is the ruled on. I will simply add this, in con- admit is under attack today in this High-Voltage Wireworks case. In this clusion, that she has been a sterling country. It was a big issue in the cam- case, the California Supreme Court justice, a justice who believes in law. paign. President Bush took his case to unanimously concurred in Justice She has approached each case she has the American people, and he was re- Brown’s opinion. dealt with from a perspective of trying elected on it. That was a big issue in They say she does not believe in af- to find out what the law is and how to his election. There is no doubt about it. firmative action, quotas, and things of do the right thing about it. She has The American people want judges with that nature. This is one of the cases courage and had the courage to stand the philosophy of Justice Rogers they cite. It was a unanimous supreme up in the face of a legal system that Brown, her legal philosophy. What she court decision case. It demonstrates has not been supportive of classical un- says politically somewhere in a speech her ability to follow the Constitution derstandings of how we interpret stat- is not important, as long as her judi- and Federal law. utes, how we enforce the law, and what cial philosophy is such that she shows California proposition 209 was passed the law means. She has been in an and has demonstrated she will be faith- by the people of California. It added a agenda-driven environment where judi- ful to the Constitution and to the law, provision to the California Constitu- cial activism is more prominent in cer- whether or not she agrees with it. tion that provided: tain areas of the country. The fact she That is what we in the Senate need The states shall not discriminate against to be doing in our confirmation proc- has dissented and has raised questions or grant preferential treatment to any indi- ess. We need to ask ourselves: This to defend private property and to ques- vidual or group on the basis of race, sex, may be a view by a nominee I agree tion turning criminals loose on a rapid color, ethnicity, or national origin in the op- with or I do not agree with, but will eration of public employment, public edu- basis, as some have, and those kinds of they enforce the law? Because we can- cation or public contract. things, speak well of her. not expect every nominee to agree with The people from California passed What is important mostly is that she has a judicial philosophy that is con- us on our religious values, our moral that. values, or our political beliefs. Judges There was a minority contracting sistent with the judicial philosophy our are not expected to do that. You do not program in San Jose that said contrac- country has had, our heritage of law. expect that. It is not running for office. tors bidding on city projects must uti- That is what she believes in. That is They are not going to be voting on lize a specified percentage of minority what she has given her life and career these things. You want people who un- and women contractors or document to. She loves the law, and she cares derstand the law and who will be fair efforts to include minority and women about it. She cares about it enough to and show intelligence and diligence contractors in their bids. Every judge speak out if she thinks things are and a determination to get it right. going wrong. Her views are consistent who reviewed the case, including the That is what she said in her testimony. with the American people. President trial, appellate, and supreme court, She said: My goal is to get it right. agreed that the San Jose program con- Bush campaigned on these issues ag- I believe this is a good nominee. I be- stituted preferential treatment within gressively in this last election. He won lieve she will be a tremendous addition the meaning of proposition 209. Why, 52 percent of the vote. It is the first to the Court of Appeals for the United certainly it did. time in many years a Presidential can- States. I am proud she is a native of Justice Brown’s opinion dem- didate received over half the votes in my home State, and I am honored to onstrates her firm commitment to the this country. I think if you took on the have these moments to speak on her bedrock principles of civil rights. She question of judicial activism and the behalf. noted: feeling of the American people with re- I thank the Chair and yield the floor. Discrimination on the basis of race— gard to judges who exceed their bounds Mr. President, I suggest the absence Remember, she is an African Amer- of power and start legislating from the of a quorum. ican. bench rather than making decisions, he The PRESIDING OFFICER. The Discrimination on the basis of race is ille- would have had much higher support. clerk will call the roll. gal, immoral, unconstitutional, inherently Senators who joined this body defeat- The assistant legislative clerk pro- wrong, and destructive of democratic soci- ing incumbents or winning open seats— ceeded to call the roll. ety. the winners of those seats—consist- Mr. SESSIONS. Mr. President, I ask Contrary to the assertions of liberal ently have been Senators who have unanimous consent that the order for smear groups, Judge Brown is not op- talked to the people of their States the quorum call be rescinded.

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 11650 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 June 6, 2005 The PRESIDING OFFICER. Without from the beginning and interviewed lawyers their allies. For example, the April 26 ‘‘Ac- objection, it is so ordered. on both sides. Brown dissented from an as- tion Alert’’ from the National Association Mr. SESSIONS. Mr. President, I was tonishing decision by the California Supreme for the Advancement of Colored People ac- talking about Justice Janice Rogers Court that authorized the trial judge to accuses her of ‘‘having extreme right-wing tually put together a list of words that views,’’ issuing ‘‘many opinions hostile to Brown and her record of courage and would be forbidden for all time in that work- civil rights.’’ ability on the Supreme Court of Cali- place, even if uttered out of the presence of I do not agree with all of Justice Brown’s fornia. employees. opinions, but I write this to show how preju- I note an article by Nat Hentoff. It is That is what Mr. Hentoff says about dicially selective the prosecution of her is by in the Jewish World Review. Mr. the Democrats, the NAACP, People for the this opinion of the majority that she American Way and her other critics. She was Hentoff is a noted civil rights lawyer, dissented from. He goes on to say: of courage and independence, who filibustered in the last Congress, and may be This extreme gag rule on speech turned the again, now having been sent to the floor on writes with clarity and is a civil liber- First Amendment upside-down because as a 10-to-8 party-line vote by the Judiciary tarian who believes in American civil Stanley Mosk, a much-respected civil liber- Committee. liberties, who has a long record of it. tarian on that California Supreme Court, To my knowledge, not one of her attackers He is not someone who is slavishly part emphasized: ‘‘The offensive content of using has mentioned the fact that in the case of of any political agenda and is willing any one or more of a list of verboten words People v. McKay (2002), Brown was the only to speak the truth wherever he sees it. cannot be determined in advance.’’ As Brown California Supreme Court justice to instruct Sometimes I agree with it; sometimes I said plainly and correctly: ‘‘We are not deal- her colleagues on the different standards ing merely with a regulation of speech, we don’t. But he has written an article some police use when they search cars whose are dealing with an absolute prohibition—a drivers are black: about the filibuster of Janice Rogers prior restraint.’’ This could ‘‘create the ex- ‘‘There is an undeniable correlation be- Brown. He talks about the ‘‘Action ception that swallowed the First Amend- tween law enforcement stop-and-search prac- Alert’’ from the National Association ment.’’ tices and the racial characteristics of the for the Advancement of Colored People Do you see what we are talking about driver. . . . The practice is so prevalent, it that ‘‘accuses [Janice Rogers Brown] of here? has a name: ‘Driving While Black.’ ’’ having extreme right-wing views’’ and The three-page ‘‘Action Alert’’ I received That is what has been going on on from the NAACP ignored that opinion, in ‘‘issuing many opinions hostile to civil the floor of the Senate that is so dis- which Brown added that while racial- rights.’’ tressing to me. Let’s lay it out here on profiling is ‘‘more subtle, more diffuse and She has been a victim of civil oppres- the table. less visible’’ than racial segregation, ‘‘it is sion and segregation. She is a true Justice Janice Rogers Brown, accord- only a difference of degree. If harm is still champion of civil rights, as I think I ing to one of the great civil liberty being done to people because they are black, indicated in my remarks. lawyers in America, Nat Hentoff, was or brown, or poor, the oppression is not less- He goes on to show ‘‘how preju- defending first amendment free speech, ened by the absence of television cameras.’’ dicially selective the prosecution of This is right-wing extremism? Yet, an joined by one of the most liberal mem- April 28 lead New York Times editorial ac- her is by the Democrats, the NAACP, bers of the California Supreme Court to cuses Justice Brown of being ‘‘a consistent People for the American Way, and her defend free speech. What did they ac- enemy of minorities (and is) an extreme other critics.’’ cuse her of? They said that she ap- right-wing ideologue.’’ He says: proved of using racial slurs against Sen. Ted Kennedy (D–Mass.) has accused To my knowledge, not one of her attackers Hispanics. Now, that is beyond unfair. Justice Brown of hostility not only to civil rights but also to ‘‘consumer protection.’’ has mentioned the fact that in the case of It is beyond unfair. It is beyond de- People v. McKay, Brown was the only Su- But in Hartwell Corp. v. Superior Court cency and integrity, and it is not right. (2002), she declared that water utilities could preme Court justice to instruct her col- It is wrong. That is what we have been leagues on the different standards some po- be sued for having harmful chemicals in the lice use when they search cars whose drivers doing to nominees here to justify the water that result in injuries to residents of are black: opposition because fundamentally they the state who drink that water. Also in People ex rel. Lungren v. Superior This is Justice Brown’s quote: believe in a classic rule of law and don’t believe in judicial activism. Court (1996), Justice Brown affirmed the au- There is an undeniable relation between Hentoff goes on further and talks thority of California’s attorney general to law enforcement stop-and-search practices haul into court faucet manufacturers who in- and the racial characteristics of the driver. about another case. clude lead in their faucets. . . . The practice is so prevalent, it has a As for this justice’s hostility to civil rights Another charge by the NAACP in its ‘‘Ac- name: ‘‘Driving While Black.’’ and liberties, there was her dissent in In Re: tion Alert’’ is that Justice Brown dissented Does that sound like somebody who Visciotti in which she declared the sentence from ‘‘a ruling that an injunction against of John Visciotti—convicted of murder, at- the use of racially offensive epithets in the is hostile to civil rights? He goes on to tempted murder, and armed robbery—be set workplace did not violate the First Amend- criticize the Action Alert and the se- aside because of his defense lawyer’s incom- ment.’’ lective comments that are made there. petence. In another capital murder case (In I know this case—Aguilar v. Avis Rent A He says: Re: Brown) she reversed the death sentence Car System Inc.—well, having covered it Sen. Ted Kennedy has accused Justice of John George Brown because the pros- from the beginning and interviewed lawyers Brown of hostility not only to civil rights ecutor subverted the defendant’s funda- on both sides. Brown dissented from an as- but also to ‘‘consumer protection.’’ But in mental right to due process by not disclosing tonishing decision by the California Supreme Hartwell Corp. v. Superior Court (2002), she evidence that could have been exculpatory. Court that authorized the trial judge to ac- declared that water utilities could be sued Not a word about those two cases was in tually put together a list of words that for having harmful chemicals in the water the NAACP ‘‘Action Alert’’ or the New York would be forbidden for all time in that work- that result in injuries to the residents of the Times editorial [or the Sacramento Bee]. place, even if uttered out of the presence of State who drink that water. Also in People I ask unanimous consent to have employees. This extreme gag rule on speech turned the ex rel. Lungren v. Superior Court, Justice printed in the RECORD the article of First Amendment upside-down because as Brown affirmed the authority of California’s Mr. Hentoff of May 9, 2005, entitled attorney general to haul into court faucet Stanley Mosk, a much-respected civil liber- ‘‘Filibustering Janice Rogers Brown.’’ tarian on that California Supreme Court, manufacturers who include lead in their fau- There being no objection, the mate- cets. emphasized: ‘‘The offensive content of using Another charge by the NAACP in its ‘‘Ac- rial was ordered to be printed in the any one, or more, of a list of verboten words tion Alert’’ is that Justice Brown dissented RECORD, as follows: cannot be determined in advance.’’ As Brown from ‘‘a ruling that an injunction against [From the Jewish World Review, May 9, 2005] said plainly and correctly: ‘‘We are not dealing merely with a regulation of speech, we the use of racially offensive epithets in the FILIBUSTERING JANICE ROGERS BROWN are dealing with an absolute prohibition—a workplace did not violate the First Amend- (By Nat Hentoff) ment.’’ prior restraint.’’ This could ‘‘create the ex- Janice Rogers Brown of the California Su- ception that swallowed the First Amend- Mr. Hentoff then says this: preme Court has been the Bush nominee for ment.’’ I know this case—Aguilar v. Avis Rent A a federal circuit court judgeship facing par- As for this justice’s hostility to civil rights Car System Inc.—well, having covered it ticularly fierce resistance by Democrats and and liberties, there was her dissent in In re

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 June 6, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 11651 Visciotti (1996) in which she declared that take the words of the people who know Twelve current and former colleagues the sentence of John Visciotti—convicted of her and who have actually studied her noted in a letter to the committee murder, attempted murder and armed rob- record over the rhetoric of special in- that: bery—be set aside because of his defense law- terest groups who are not the least bit yer’s incompetence. In another capital mur- Much has been written about Justice der case (In re Brown) she reversed the death concerned, it seems to me, about being Brown’s humble beginnings, and the story of sentence of John George Brown because the fair in their description of the nomi- her rise to the California Supreme Court is prosecutor subverted the defendant’s funda- nee. truly compelling. But that alone would not mental right to due process by not disclosing She spent 8 years as a deputy attor- be enough to gain our endorsement for a seat evidence that could have been exculpatory. ney general in the Office of the Cali- on the Federal bench. We believe that Jus- Not a word about those two cases was in fornia Attorney General, where she tice Brown is qualified because she is a su- the NAACP ‘‘Action Alert’’ or The New York prepared briefs and participated in oral perb judge. We who have worked with her on a daily basis know her to be extremely intel- Times editorial. arguments on behalf of the State’s Were I on the Senate Judiciary Committee, ligent, keenly analytical, and a very hard a critical question I would ask Justice criminal appeals; she prosecuted crimi- worker. We know that she is a jurist who ap- Brown is: ‘‘Is it true, as has been charged, nal cases and litigated a variety of plies the law without favor, without bias, that you believe the drastically anti-labor civil issues. Her keen intellect and with an even hand. 1905 Supreme Court decision in Lochner v. work ethic made her a rising star on That was sent to Chairman ORRIN New York was correctly decided?’’ the California legal scene, and in 1994, HATCH in October 2003. In that decision, which placed bakery own- Governor Pete Wilson tapped her as his Ellis Horvitz, a Democrat and one of ers’ contract rights over the health of work- legal affairs secretary. She served in the deans of the appellate bar in Cali- ers and the health of buyers of the com- that capacity until 1994, when she was pany’s products, the High Court ruled that fornia, has written in support of Jus- employers had the right to insist that their nominated and confirmed as an asso- tice Brown, noting that: employees work unlimited long hours, even ciate justice on the California Third In my opinion, Justice Brown [possesses] if the public’s health were to be endangered District Court of Appeals. In May of those qualities an appellate judge should because sick workers couldn’t even take the 1996, to honor her for her superior per- have. She is extremely intelligent, very con- day off. formance on the appellate court, Gov- scientious and hard-working, refreshingly ar- If Justice Brown does indeed agree with ernor Wilson elevated her to the Cali- ticulate, and possessing great common sense that decision, which was influential until fornia Supreme Court, where she has and integrity. She is courteous and gracious President Roosevelt’s New Deal, I would performed admirably. to the litigants and counsel who appear be- have difficulty voting for her; but I would Since she was appointed to the Cali- fore her. not unjustly accuse her of having nothing in That was another letter to Chairman her record that strongly upholds the inter- fornia Supreme Court, a couple of ests of justice. She does not deserve being things have happened which dem- ORRIN HATCH. stereotyped as an archetypical reactionary. onstrate she is doing her job and doing The praise for Justice Brown and her And her defense of the Fourth Amendment’s it well. During the 1998 elections, she performance on the bench goes on and protection of our rights against government was retained with 76 percent of the on. Sure, some do not agree with her search and seizure are much stronger than vote, receiving a higher percentage of politically, but they recognize and ap- any current member of the Supreme Court. the vote than any other judge on the preciate her approach to jurisprudence. Mr. SESSIONS. What kind of lady is ballot and in 2002, she authored more She is a restrained jurist who refuses this? She graduated from UCLA, one of majority opinions than any other Jus- to change the definition of marriage or our Nation’s finest law schools. In Feb- tice on the Court. to strike down the Pledge of Allegiance ruary of 2004, the alumni of that not- The people of California who actually or throw out the ‘‘three strikes and so-conservative law school presented know the law and study the law and you are out’’ law in California. Janice Rogers Brown with an award for who have not been brainwashed by at- She is the kind of judge President public service. In recognizing Justice tack sheets that come out, by liberal Bush promised to support. Again, I Brown, her fellow UCLA alumni, the groups, support her. For instance, Ger- think she has done a terrific job on the people who know her, did not criticize ald Ullman, a California law professor, Supreme Court of California. I am her and say she was an extremist. They has expressed public support for this proud she is from Alabama. I am sorry didn’t say anything like that. At UCLA nominee. His statement sums up what the discrimination she believed she and law school, where they gave her an we ought to consider with regard to her family faced in our State was, I am award, they said: Justice Brown’s nomination. Let me sure, part of the reason they left Ala- Janice Rogers Brown is a role model for all quote it: bama to seek a fair life. She went to those born to prejudice and disadvantage, Although I frequently find myself in dis- California and has taken advantage of and she has overcome adversity and obsta- agreement with Justice Brown’s opinions, I the opportunities given her. She cles and, since 1996, has served as a member have come to greatly admire her independ- achieved a tremendous record. It is an ence, her tenacity, her intellect, and her wit. of the California Supreme Court. . . . The honor for me to speak in support of her professional training she received at the It is time to refocus the judicial confirma- UCLA School of Law has permitted her, even tion process on the personal qualities of the nomination. now when decades remain to further enhance candidates, rather than ‘‘hot button’’ issues I yield the floor. her career,— of the past. We have no way of predicting The PRESIDING OFFICER. The Sen- Yes, we need to see her career be en- where the hot button issues will be in years ator from New York. to come, and our goal should be to have Mr. SCHUMER. Mr. President, I hanced by this court of appeals ap- judges in place with a reverence for our Con- thank my colleague from Alabama for pointment. stitution, who will approach these issues his remarks. I did not hear them all, to have already a profound and revitalizing with independence, an open mind, a lot of but he did say the record of Justice impact upon the integrity of American juris- common sense, a willingness to work hard prudence. and an ability to communicate clearly and Janice Rogers Brown is compelling, I will repeat that. They said: effectively. . . . Janice Rogers Brown has and I agree with that. It is so far off the mainstream that one has to look at . . . even now, when decades remain to fur- demonstrated all these qualities in abun- ther enhance her career, [she has been dance. it compellingly. It is hard to believe, shown] to have already a profound and revi- That is what Professor Ullman said. frankly, that the President nominated talizing impact upon the integrity of Amer- Her colleagues and former colleagues someone with these views. I think it ican jurisprudence. also support her. A bipartisan group of shows how far over and out of the I think that is a good description. Justice Brown’s current and former ju- mainstream the President’s nominees Despite her incredible intellect, work dicial colleagues, including all of her are and, unfortunately, how much in ethic, determination, and resultant accom- former colleagues on the Court of Ap- lockstep the majority in the Senate plishment, she remains humble and appeals, Third Appellate District, and walks with these nominees. proachable. four current members of the California I have no doubt that Justice Brown is That is not the Janice Rogers Brown Supreme Court, also have written in smart and accomplished. Her rise from you hear her opponents describe. I will support of her nomination. humble beginnings is impressive. That

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 11652 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 June 6, 2005 does not make somebody who belongs one person defending those comments. judicial activism? No. She is clearly an on the second most powerful court in The only person I heard is ORRIN activist judge. She takes what comes the land. Someone’s rise from humble HATCH: Well, she tries to be inflam- into her own mind—she is bright, but a beginnings is very important, but it matory, or she tries to get people’s at- lot of her views compared to American does not mean they can run a major tention. She has said things such as law veer way off course—and she writes company. It does not mean they would this over and over. them in her opinions. Decades of elec- be a great lineman or center or line- If you believe the New Deal was a so- tions, tens of thousands of legislators, backer for the New York Giants. It is a cialist revolution that ought to be un- executives, and she just throws them wonderful thing, but it does not qualify done, you are not a strict construc- out the window because she happens to them for the job. tionist. The legislature, the Congress, believe she knows better than every- Judge Janice Rogers Brown’s humble and the President, Democrats and Re- body else. rise cannot offset her radical and republicans, from 1932 on have said the That is what a judicial activist is. gressive approach to the law. I would things we have done in the New Deal That is what the conservative move- argue that none of the views of the and built upon on the basis of the New ment against judicial activism rebelled nominees we have had so far are so off Deal ought to stay. Should one judge against. the charts as Janice Rogers Brown. be able to undo that? Then why are we Well, conservatives and moderates None of what she has done in her life voting for her? That is not strict alike have criticized her for her activ- can mitigate her hostility to a host of constructionism. That is not conserv- ism, and her own words show her to be litigants who have appeared before her. atism. as activist as they come. Her own If someone is polite and then takes Listen to what a conservative com- words demonstrate she is quick to your argument and throws it out, even mentator, Ramesh Ponnuru, wrote want to reverse precedent, the very though the law is behind you, and about her in the National Review some definition of an activist judge. When it leaves you hopeless, it does not mean time ago. The National Review is a comes to reversing precedent, one they have done a good job as a judge. conservative publication. might say Janice Rogers Brown has an Janice Rogers Brown, on the merits, Republicans and their conservative allies itchy trigger finger; she cannot wait to is the most out of the mainstream, the have been willing to make lame arguments reverse precedent. least deserving of all of the President’s to rescue even nominees whose juris pru- Here is what she said in People v. appeals court nominees. In a moment, I dence is questionable. Roberman, 1998: We cannot simply am going to review those reasons. Be- He continues to say—this is not my cloak ourselves in the doctrine of stare fore I do, I want to ask a question that quote: decisis. Hello? I went to law school. I has been nagging me for a while: Why Janice Rogers Brown has argued there is learned throughout law school, one are so many self-described conserv- properly an extra constitutional dimension studies cases because of stare decisis. atives planning to vote for her? She is to constitutional law. One is supposed to look at the train of not conservative, she is a radical. She Those are her words. law, and here she is: Forget stare deci- is the opposite of a conservative. And She has said that judges should be willing sis. why are moderate Senators on the to invoke— If that was said by a liberal who other side of the aisle boarding the And this is Mr. Ponnuru quoting Jan- wanted to move things way over to the Brown bandwagon when everything she ice Rogers Brown, not me— left—a liberal would not say it; it believes is against what they believe? She has said that judges should be willing would be someone further over—what Is it that this nominee, more than to invoke ‘‘a higher law than the Constitu- would be heard on that side of the any other, embodies the conservative tion.’’ aisle? What does it say about her reluc- ideal for an appellate judge? Let’s see You can find a higher law to the Con- tance to be an activist? what conservatives describe as what a stitution if you so believe from the far Time and time again she has jumped judge ought to be. right, from the far left, maybe from the at the chance to reshape settled law. This is the President and Republican animal rights people or the vegetar- Listen to a few statements from opin- leaders. They said a model judge should ians, but that is not what judges should ions she has written, not from speech- be a strict constructionist, judicially do. es. Everyone has said, do not judge her constrained, and mainstreamed. Janice Take a look at her own words in a speeches—they are inflammatory and Rogers Brown is none of those, abso- dissent involving a California propo- intended to be so—but her opinions. lutely none. Let’s take a look at the sition, proposition 209. In that case, Here she says: The commercial speech record. which involved affirmative action, Jus- doctrine, which has been established in Is she a proud and principled strict tice Brown did not feel compelled to our law for decades, needs and deserves constructionist? Is that why the Presi- limit herself strictly to the language of reconsideration and this is as good as dent and Republican leaders are push- that proposition. Instead, she decided any place to begin. ing her? President Bush has said time that she should ‘‘look to the analytical She wrote she was disinclined to per- and again that he wants judges who and philosophical evolution of the in- petuate dubious law for no better rea- will not legislate from the bench. He terpretation and application of title son than it exists. said he wants strict constructionists in VII to develop the historical context I had a history professor in college. the mold of Antonin Scalia. But Janice behind proposition 209.’’ He said his first lesson of history is we Rogers Brown is no more a strict con- This sounds like Justice Brennan or are no smarter than our fathers, and structionist than I am a second base- some of the very liberal judges the con- people who think they are much smart- man for the New York Yankees. Any- servatives decry. If you are going to er than people who came before them one who says that the New Deal is a so- make up your own law, are we saying and have nothing to learn from them cialist revolution and ought to be un- on the other side of the aisle, you are do not belong on the bench. Here she is: done, when we have had 70 years, seven not a strict constructionist if you want disinclined to perpetuate dubious law decades of law based on the construct to make up your own laws to the left, for no better reason than it exists. Is of the New Deal; where 99 percent of but you are a strict constructionist if she saying all the people who wrote America agrees—does that person be- you want to make up your own laws to those opinions should be ignored? long on the bench? Absolutely not. The the right? As somebody who believes On other occasions she has talked New Deal is a socialist revolution and deeply in moderation on the bench, I about ‘‘taking a fresh look’’, her words, ought to be undone—does anyone on am offended by either side. at settled doctrine under California this side of the aisle agree with that? So Janice Rogers Brown is not a law. And just listen to the California And then defend for me once, I would strict constructionist, but is she other- State Bar Judicial Nominees Conven- like to hear in all the debate we had wise a proven warrior against the tion which gave Justice Brown a not and will have on Janice Rogers Brown scourge of conservatives everywhere— qualified rating when nominated to the

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 June 6, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 11653 California Supreme Court in 1996. The it is not true of most of the judges he is this a leader-led rubberstamping of rating in part was because of com- has nominated, conservative though nominees who have not even convinced plaints that she was ‘‘insensitive to es- they may be. noted conservatives that they belong tablished legal precedent.’’ So as the record reflects, Janice Rog- on the bench? Or listen to the words of conservative ers Brown does not have the impulses Let me make one other point. If one writer Andrew Sullivan who agrees of a restrained judge. She has the pas- looks at all the nominees, 45 court of with many of Justice Brown’s views. sions of a judicial activist and that was appeals nominees, every measure that He said there is a case to be made for the type I thought conservatives want- was put forward on the other side of ‘‘the constitutional extremism of one ed to keep off the bench at all costs. the aisle for every one of the court of of the President’s favorite nominees, How about this argument: She is not appeals nominees, whether it is to in- Janice Rogers Brown. Whatever else a strict constructionist and she is a ju- voke cloture or to vote for them, there she is, she does not fit the description dicial activist. But are her judicial was not a single Republican dissent, of a judge who simply applies the law.’’ views otherwise in the mainstream of except one: TRENT LOTT on Roger Greg- This is Andrew Sullivan, conservative conservatism? Is that why people on ory for the Fourth Circuit. That was commentator, not CHUCK SCHUMER. He the other side of the aisle support her? the man Jesse Helms blocked, mostly said: If she is not a judicial activist, I My friend JEFF SESSIONS said Justice because he did not want a Black man do not know who would be. Brown is in the mainstream. Well, let on the Fourth Circuit, which has not Mr. Sullivan made it a point to say us ask the American people if her views had a Black man before, even though he might agree with some of her views are in the mainstream. Or first let us the Fourth Circuit, North Carolina, but not her penchant for imposing ask conservative commentator George Virginia, has a large Black population. those views in her position as a judge, Will, a very respected man—and I have Let us look at the merits of Justice and that is the point. God bless her for more respect for him because at least Brown. Let us look at her views and her views. This is America. We can all he is calling the shots as he sees them, why I feel she could not have been a have different views. But when one be- not like my colleagues who seem to be worse pick. This has nothing to do with comes a judge and they take an oath of marching to the tune of Janice Rogers her faith, her race, her gender, or her office to uphold the Constitution, part Brown without even thinking. Here is background. We are being blind to all of that means they uphold the tradi- what George Will said, and in fairness that. Any nominee who has these tions of law that are under the Con- to George Will he was first saying that views—could be Black, White, His- stitution. Priscilla Owen, who we opposed, is part panic, Asian, man, woman—you just Here is what Sullivan said: of the mainstream, but here is what he can’t support somebody like this be- I might add, I am not unsympathetic to said about Brown: cause of their views, not because of her views but she should run for office, not Another of the three, Janice Rogers Brown, who they are and not because of their the courts. is out of that mainstream. That should not background. What a record she has. He has it exactly right. Let her run be an automatic disqualification, but it is a In case after case, Justice Brown on her views that the New Deal was a fact . . . goes through contortions of legal logic socialist revolution. Let her run on her I say to Mr. Will, it surely is a dis- that reach results to hurt workers, views that there should not be child qualification to me, but that is not the limit environmental protections, and labor laws. Let her run on her views point. Even George Will says Janice injure basic rights. Time and time that there should be no zoning laws so Rogers Brown is out of the main- again, when a legal question is pre- someone who wanted to open a porno- stream. Which mainstream was he sented twice, she takes two polar oppo- graphic store next to a high school had talking about? George Will was talking site approaches in order to achieve the a constitutional right to do so or some- about the mainstream of conservative outcome she wants. That is judicial ac- body could buy a tract of land right jurisprudence. tivism at its worst. next to your nice suburban house and He went on to say, and these are his Judicial activism can be dangerous put in a factory. words: on any court, but it is especially dan- How about Mr. Ponnuru, again, a It is a fact she has expressed admiration gerous on the DC Circuit, which is conservative writer from the National for the Supreme Court’s pre-1937 hyperac- known, for good reason, as the Nation’s Review magazine: tivism in declaring unconstitutional many second highest court. She has said that judicial activism is not laws and regulations of the sort that now de- Some of the things she said. She said troubling per se. What matters is the world fine the post-New Deal regulatory state. that the Lochner case was decided cor- view of the judicial activist. In other words, George Will has the forthrightness, rectly. The Lochner case says that one can be a judicial activist if they agree straightforwardness, and courage to States cannot pass any laws protecting with her views, not if they do not. admit what Janice Rogers Brown is. workers. If you ask most lawyers to I have to say to my friends on the When will one of my colleagues from name the worst Supreme Court deci- other side of the aisle, they have lost a the other side? sion of the 20th century, Lochner lot of the argument on judicial activ- What does the record then show would be at the top of any list. Fortu- ism when they support Janice Rogers about Janice Rogers Brown? She is not nately, the Court threw it out a few Brown. Judicial activism is not some- strict in her construction. She is not decades later. Not even Justice Scalia times yes and sometimes no. An activ- mainstream in her conservatism. Nor believes States should be prohibited ist is somebody who makes his or her is she quiet about her activism. So I from passing wages and hours laws. But own law, it comes out of their own am left with the same question: Why is Janice Rogers Brown believes not only head and supersedes everything we it that Janice Rogers Brown is touted is the Federal Government not allowed have known, whether it is left, right, as the model conservative judge when to, under the commerce clause, but the center. she is anything but conservative in her States themselves cannot do anything. It is incredible. It is incredible that judicial approach? It is confounding. It is just unbeliev- we are discussing Janice Rogers Brown. I believe there are many Senators able. I can imagine the reaction if a Demo- across the aisle who would vote against How about her views in the San cratic President put forward a nominee such a candidate because her judicial Remo case, where she says all zoning who said all of these things. We would philosophy could not be more out of laws are a taking of property, an un- have pandemonium on that side of the sync with theirs, but I worry that there constitutional taking of property? aisle. But guess what. President Clin- is enormous political pressure, party Does anyone in America believe that? ton never would have nominated some- pressure, on those moderate Senators. Does the most conservative Member of one like this. It is only because Presi- Senator FRIST has spoken the last this Chamber? I don’t know who it dent Bush is so in the thrall of the hard few weeks about leader-led filibusters might be. We might have a race for right that he has to do this. Thank God of judges, whatever that means. Well, that. But does the most conservative

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 11654 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 June 6, 2005 Member of this Chamber believe there not march in lockstep, to vote your turer’s spirit. So he spearheaded the es- should be no zoning laws? These are convictions because you can’t believe tablishment of a sister-court relation- State laws, which has nothing to do that someone of these views belongs on ship between his court and one in Cro- with federalism, which Justice Scalia the court, now is that time. atia. Through this friendship, Cro- made one of his hallmarks. I disagree I yield the floor. atians got a firsthand look at Amer- with him on those issues, but that is a The PRESIDING OFFICER. The Sen- ican jurisprudence, and Judge Simpson different argument. These are local ator from Florida. learned how the law deals with the dif- zoning laws. Unconstitutional? Is it un- (The remarks of Mr. NELSON of ficulties of life in Eastern Europe. constitutional to say you cannot put Florida pertaining to the introduction Because of his groundbreaking ef- poison in the air? Is it unconstitutional of S. 1168 are printed in today’s RECORD forts, Chief Justice of the United to say you can’t pollute the water? Is it under ‘‘Introduced Bills and Joint Res- States William H. Rehnquist appointed unconstitutional to say in a residential olutions.’’) Judge Simpson to the Committee on community you cannot put in a factory Mr. NELSON of Florida. Mr. Presi- International Judicial Relations of the or a porno palace? What are we doing dent, I suggest the absence of a Judicial Conference of the United here? What is going on here? quorum. States in 2004. His wide travels have in- I have to tell you, I do not see how The PRESIDING OFFICER. The cluded countries such as Russia, Cro- anyone on that side of the aisle can clerk will call the roll. atia, Slovenia and Cyprus. look in the mirror and say they really The assistant legislative clerk pro- Once on a visit to Ivanovo, Russia, think this woman belongs on the DC ceeded to call the roll. Judge Simpson caused a minor inter- Court of Appeals. Mr. FRIST. Mr. President, I ask national incident when he accidentally If it were just one view, you would unanimous consent that the order for locked himself in the courtroom cage say: Well, these guys are just focusing the quorum call be rescinded. usually reserved for the defendant. Ap- on one view. It is over and over again. The PRESIDING OFFICER. Without parently, it was quite difficult to find Until Santa Monica—just to go back to objection, it is so ordered. the key. Everyone handled the situa- Lochner— v. Superior Court, she called f tion with great humor, and Chuck the demise of the Lochner era ‘‘the rev- struck a blow for diplomacy when his MORNING BUSINESS olution of 1937.’’ That is that socialist story made the front page of the local revolution, the New Deal. She wants to Mr. FRIST. Mr. President, I ask Ivanovo newspaper. undo it. unanimous consent there now be a pe- In 1999 Judge Simpson was named Here is what she said on another oc- riod of morning business, with Sen- outstanding alumnus of the University casion: ators permitted to speak for up to 10 of Louisville’s Louis D. Brandeis Today’s senior citizens blithely cannibalize minutes each. School of Law, and in 2000 the Louis- their grandchildren because they have the The PRESIDING OFFICER. Without ville Bar Association named him judge right to get as much free stuff as the polit- objection, it is so ordered. of the year. He and his wife Clare have ical system will permit them to extract. f three children, one of whom, their I suppose you read from that that she TRIBUTE TO JUDGE CHARLES R. daughter Pam, has served with distinc- wants to repeal Social Security. After SIMPSON III tion for 2 years in my Washington of- all, that was part of the socialist revo- fice. lution. Does anyone here believe we Mr. MCCONNELL. Mr. President, I For his decades of service, the Ken- should repeal Social Security? Anyone? rise today to pay tribute to an ambas- tucky Bar Association has named In a dissenting opinion, she wrote: sador of the law. Charles R. Simpson Chuck the 2005 outstanding judge of I would deny the senior citizen plaintiff re- III, judge of the United States District the year. They recognize that he is a lief because she has failed to establish that Court for the Western District of Ken- superb representative of the American public policy against age discrimination in- tucky, is a renowned fixture of the justice system to our friends across the ures to the benefit of the public is funda- legal community in his home state as world, and the knowledge he brings mental and substantial. well as a world traveler, in his capacity home from his travels enriches us all. It goes without saying that a nomi- as a member of the Committee on Mr. President, today I ask my col- nee who does not agree that public pol- International Judicial Relations of the leagues to join me in commending icy against age discrimination benefits Judicial Conference of the United Judge Simpson for receiving this high the public is far out of any main- States. In that role, he serves as both a honor, and for his service to the law stream. student and a teacher in courtrooms and his country. I don’t know of a single person on the all over the world. f U.S. courts—and there may be one or Judge Simpson is also an old friend two but none that have come to my at- of mine. He graduated from my alma COMMENDING RICHARD PRICE tention—who is as out of the main- mater, the University of Louisville, Mr. GRASSLEY. Mr. President, stream, as far over to the right as Jan- where he received both his bachelor’s today I rise to commend and thank Mr. ice Rogers Brown. degree in 1967 and his law degree in Richard Price of the Congressional Re- So my colleagues—and this is really 1970. Soon afterwards, we both helped search Service, CRS, for his many a plea to those on the other side of the found the law firm of Levin, Yussman, years of outstanding service to the U.S. aisle—we have already come to an McConnell & Simpson. Obviously it Congress. In June, Mr. Price is retiring agreement, at least 14 in the middle— was not the last stop for either of us. from CRS after 32 years of service. For God bless them for trying—that we are After serving the public in county over three decades at CRS, Mr. Price going to invoke cloture on Janice Rog- government, where I also served, Judge has played a significant role in pro- ers Brown, which means there will be Simpson was appointed to the District viding assistance to Congress in ana- an up-or-down vote. But no one here Court by President Ronald Reagan in lyzing major health care legislation. In has voted up or down on Janice Rogers 1986. He has retained that post for near- his position at CRS, he has been an in- Brown before, except Members of the ly 20 years, rising to become one of the valuable asset not only through his Judiciary Committee. most respected voices in Louisville and own work analyzing health care legis- I urge, plead with my colleagues on throughout the State. But he also lation, but also in his tireless efforts to the other side of the aisle—particularly wanted to take his legal knowledge and guide others in the Health Care and those who are somewhat more mod- his love of Kentucky and spread it be- Medicine unit at CRS which he man- erate—look at the record of this nomi- yond America’s borders. aged. nee. Look at what she says and what Dating to a period in his youth when Over the past three decades, Mr. she stands for. If there were ever a he studied painting and architecture in Price has worked on health care legis- time to show some independence, to Europe, Chuck has enjoyed an adven- lation across a wide array of health

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 June 6, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 11655 care policy and programs. Mr. Price is Mullen of Pennsylvania, who will step For this reason, the Bipartisan Cam- a recognized expert on the major U.S. down as State Adjutant of the Pennsyl- paign Reform Act of 2002 did not iden- health care financing programs—Medi- vania Department of Veterans of For- tify the Internet as a target of regula- care and Medicaid; his particular areas eign Wars of the United States this tion. However, it also did not specifi- of expertise span most aspects of Medi- June. George’s retirement will mark cally exclude it. When the FEC decided care and Medicaid reimbursement pol- the end of a distinguished 59 year ca- how to enforce the regulatory meas- icy, long-term care, Medicaid eligi- reer of service to our military, our vet- ures of the new law, they erred on the bility, nursing home reform, managed erans community, and our Nation. side of caution and exempted the Inter- care, hospice care, skilled nursing George W. Mullen joined the United net from their regulatory scope. home services, end stage renal disease, States Navy in 1943 at the age of 17 and The fruits of that decision have been home health care services, and public served during World War II aboard the profound. According to a Pew Internet health service programs, among many merchant ship SS Ben Holt and the de- and American Life Project survey, two others. His contributions to the devel- stroyer USS Cotton in both the Atlan- thirds of adult Americans, or 136 mil- opment of legislation in these areas tic and Pacific Theatres. While on ac- lion citizens, use the Internet. For have been substantial. Over his long tive duty aboard the Holt, his ship ar- youth, that number is even higher. career at CRS, he has helped hundreds rived 2 days after the invasion of Nor- Over half of the adults who use the of staff understand the effect of the mandy, France, to help supply Allied Internet used it during the 2004 cam- legislative proposals being considered forces in the battle against Germany. paign cycle. They used it to obtain through thoughtful analyses, balanced His duty on the Cotton included helping news and determine candidate posi- presentations, and clear explanations. I rescue a downed American pilot and tions. They viewed websites for cam- wish to especially thank him for his supporting the invasion of Okinawa. paigns and advocacy groups. They work with the Senate Finance Com- George worked at the Veterans Af- looked for information to register to mittee and its staff. fairs Medical Center in Coatesville for vote. They followed opinion polls, In addition to his own analytic work 35 years before becoming the Pennsyl- looked at jokes, and checked the valid- on legislative analysis, Mr. Price has vania Veterans of Foreign Wars State ity of rumors. They emailed one an- been responsible for management of a Adjutant in 1983. As a member of the other about the election, and received staff of CRS analysts who assist Con- Pennsylvania War Veterans Council email newsletters from candidates and gress across a wide spectrum of health and the Pennsylvania State Veterans advocacy groups. By a 10 to 1 margin, care issues, including those related to Commission, he has been a familiar these Americans said that the Internet Medicare, Medicaid, the Public Health face to governors and many State and was a positive addition to public debate Service, the Food and Drug Adminis- Federal legislators who have sought his in the 2004 campaign. In the past sev- guidance. tration, the National Institutes of eral years, the Internet has become a Mr. Mullen, who lives in Parkesburg, Health, and the Veterans Administra- powerful way for the American People has touched many lives and that has to voice their opinions on everything tion. Mr. Price was instrumental in not gone unnoticed. He has been hon- building the health care staff of CRS to ored at the local, State and national from car parts to hair styles to polit- a large team of senior analysts. In ad- level for his many contributions. While ical elections. The Internet has been utilized by dition, Mr. Price has been involved in humble in service to others, George has Americans representing the numerous innumerable projects to develop the ca- always stood for what is right and re- ideologies of all the political parties. It pacity of CRS analysts to evaluate and mains a staunch supporter of our is not Republican. It is not Democrat. analyze health care data, including troops. models to estimate the effect of var- His will be hard shoes to fill, and he It is not rich or poor. The Internet, ious legislative changes in Medicare will be missed. We wish George and his like this country, is the mixture of all and other health care programs. wife Dawn well in future endeavors, of those things together. It has become Other organizations that analyze and thank him for his dedication to the newest and most dynamic melting issues related to health care policy duty, hard work, and professionalism. pot of ideas. have acknowledged Mr. Price’s accom- But all this may be threatened be- f plishments and knowledge of U.S. cause in 2004 a Federal court here in health care policy. For example, Mr. ONLINE FREEDOM OF SPEECH ACT Washington, DC, instructed the FEC to Price is a member of the steering com- Mr. BURNS. Mr. President, I rise begin regulating the Internet. The FEC mittee of the National Health Policy today to express my support for the has begun working out the details for Forum, a nonpartisan organization Online Freedom of Speech Act which this new regulatory framework, and that provides research to senior level my colleague Senator REID has intro- right now we can see what that process health policy makers in Washington. duced. This legislation clarifies the looks like. I’ll tell you this. It’s not Mr. Price is also a member of the pres- campaign finance legislation of 2002 in easy to understand. There are experts tigious National Academy on Social In- order to restore freedom of speech to who don’t understand it all. There are surance, NASI. the Internet. thousands of pages of comments and Mr. Price’s service to Congress in the The Internet is more than a remark- proposals. analysis and development of policy al- able new technology. It’s a means of The Online Freedom of Speech Act ternatives across a wide array of bringing people together. I read some- can clean up this entire mess with 8 health care programs, his ability to where that the most important time in simple lines of legislation. conceptualize complex public policy a person’s development is the first 5 In 1996, I was a co-founder of the Con- issues, as well as his leadership of staff years. Things that happen during in- gressional Internet Caucus. Today, who work on many varied and complex fancy have dramatic effects on how there are 176 members of this caucus health care issues, set the highest that child will develop for the rest of from both parties and in both the Sen- standards for assistance provided by their life. The Internet is no different. ate and the House of Representatives. CRS in service to the Congress. He will It is a technology in its infancy. We are These members have pledged to uphold be missed, both here in Congress and fortunate to live in an exciting time of the following: Promoting growth and across the street at the Library of Con- great technological change. In my advancement of the Internet; providing gress. State of Montana, cutting-edge tech- a bicameral, bipartisan forum for f nology is creating jobs and industry. Internet concerns to be raised; pro- But like anything in its infancy, we moting the education of Members of RETIREMENT OF GEORGE W. should be very careful about how we re- Congress and their staffs about the MULLEN spond to technological infants like the Internet; promoting commerce and the Mr. SPECTER. Mr. President, I have Internet. A wrong step now could affect free flow of information on the Inter- sought recognition to honor George W. how it develops for the next 100 years. net; advancing the United States’

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 11656 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 June 6, 2005 world leadership in the digital world; at Bakers Creek, Australia. This trag- at every level of my education. Today, and maximizing the openness of and edy marked the worst aviation disaster as a parent looking back on that expe- participation in government by the of the Southwest Pacific Theater dur- rience, I see even more clearly the people. ing World War II. great impact they’ve had on my life. I helped found this caucus because I I understand that at approximately 6 Not only did they provide an environ- understand the importance of careful a.m. on June 14, 1943, the B–17C Flying ment conducive to learning, but each treatment of this technology in its in- Fortress transporting six crew mem- in their own way provided me with the fancy. Government tends to want to bers and thirty-five soldiers that were direction necessary to succeed. regulate, and regulation can stunt returning from leave in Australia de- Like the classroom heroes I knew growth. I am very concerned that with- parted from Mackay Airport in Bakers growing up in Salem, the group of edu- out legislation like the Online Free- Creek for Port Moresby, when shortly cators chosen this year for the ‘‘ED’’ies dom of Speech Act, the First Amend- after takeoff, the plane lost altitude have demonstrated superior dedication ment rights of Americans, from Mon- and subsequently crashed. The sole sur- and service to their students, schools tana and throughout the rest of the vivor of this crash was Corporal Foye and communities. They richly deserve county, will be severely damaged. Kenneth Roberts of Wichita Falls, this prestigious honor for the impor- Experts have warned that at the very Texas. tant roles they play in helping our least, proposed online regulation will This June will mark the 62nd anni- children reach their goals and succeed subject Internet advocates, like versary of the Bakers Creek crash. I in school. The teachers, principals, bloggers, to the prospect of FEC inves- applaud the work of Dr. Robert S. Cut- counselors, librarians and other school tigations. That can mean subpoenas, ler and the Bakers Creek Memorial As- leaders being commended this year lawyers, increased government payrolls sociation for their research and tireless have provided students with the tools and bureaucracy. Such investigations dedication to ensuring that the mem- they need to become productive and en- are not only a huge commitment for ory of those who perished at Bakers gaged citizens, and have been some of the FEC, but a serious threat to free Creek, Australia in 1943 never be for- our State’s most treasured role mod- speech online. gotten. els—setting positive examples for the One of the things that makes the f children that surround them, teaching Internet unique is that it is so broadly personal responsibility and hard work, accessible. Compared to more tradi- ADDITIONAL STATEMENTS and shaping the character of young tional forms of publication it is very minds. For these achievements, our cheap to publish on the Internet. As CONGRATULATING THE WINNERS State and our country owe them a little as 20 years ago, the only way for OF THE NEW HAMPSHIRE EXCEL- great deal of gratitude. someone’s ideas to reach the full Mar- LENCE IN EDUCATION AWARDS Since being elected to Congress in ketplace of Ideas was to secure access 1996, I have been ever mindful that I ∑ to a printing press or broadcast center. Mr. SUNUNU. Mr. President, I wish am a beneficiary of the State of New But as I said, the Internet is much to congratulate the winners of the 2005 Hampshire’s public education system. different, now allowing anyone to pro- New Hampshire Excellence in Edu- A system that is an exemplary model mote his or her ideas into the market- cation Awards. These awards, other- due in large measure to the contribu- place. Internet media doesn’t crowd wise known as the ‘‘ED’’ies, are given tions and leadership of the many edu- out other competing media. And since to those individuals and schools that cators and schools being recognized everyone can have their say, the reader have exhibited the highest standards of this year. I am confident that the suc- is the one who gets to decide what he excellence in curriculum and instruc- cess we enjoy in our State is due to or she wants to read. We need to be tion, teaching and learning process, their efforts. mindful of allowing the government to student achievement, leadership and Mr. President, I ask that the list of try to limit the choices of what the decision-making, community and pa- the 2005 New Hampshire Excellence in consumer can make. rental involvement, and school cli- Education Award winners be printed in Mr. President, as you can see, regu- mate. RECORD. latory standards for the Internet must On June 4, 2005, 30 individuals, 2 The list follows. school boards and 6 schools were recog- be much different than for other forms 2005 NH EXCELLENCE IN EDUCATION AWARDS of public communication. The tradi- nized for their leadership and out- RECIPIENTS tional arguments for traditional media standing dedication in preparing their Londonderry School Board do not apply here. students for our rapidly changing Seabrook School Board Some of my colleagues may think workplace. I am honored to lend my Dr. Marilyn Brannigan that there must be some regulation of voice to those of their colleagues, stu- Barbara Brennan the Internet for some types of political dents, and communities in conveying William Church speech. However, before we choose to our appreciation and respect for the MaryAnn Connors-Krikorian professionals they are and the sac- Kathleen Custer regulate this infant technology, we Cynthia Dow need learned-testimony and debate on rifices and contributions they make Deborah Gibson this issue by discussing this bill. We every day in classrooms throughout Heidi E. Hale Miller need to make sure that regulation is the Granite State. Elizabeth A. Hansel the best course of action. Accordingly, Nominees consist of some of New Kathryn G. Hanson I urge my colleagues to join me in sup- Hampshire’s finest teachers and com- Bernard Keenan port for the Online Freedom of Speech munity leaders. They are carefully re- Mary Alyce Knightly Lise Lemieux Act. viewed by selection committees that apply standards developed by The Jay Lewis f Shelley Lochhead Board of Directors for the New Hamp- BAKERS CREEK TRAGEDY Steve Lord shire Excellence in Education Awards. Suzanne Lull Mr. SANTORUM. Mr. President, I Nominees come from elementary, mid- Meg Maroni rise today to offer remarks on the trag- dle and secondary schools, as well as Maria Matarazzo edy that occurred on June 14, 1943 at higher education. Many are honored in Terrence McKenzie Bakers Creek, Australia. On that day, specific categories of excellence such Marie H. Mellin 40 members of the U.S. Armed Forces, as art education, world languages, Michele Munson Jane M. Murray six of whom were from the Common- school nursing, counseling and tech- Dr. Charles Ott wealth of Pennsylvania, lost their lives nology. Robert Pedersen when the B–17C Flying Fortress air- As a student in Salem, I was privi- David St. Jean plane that they were flying in crashed leged to have had many great teachers Barbara Szabunka

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 June 6, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 11657 Randy Wormald men a short jacket, known as a ‘‘Spen- lated, home predominantly to single Linda A. Wright cer’’ jacket, as a token of her grati- men. The arrival of the Chicago North- Dr. Phyllis Scrocco Zrzavy tude. Additionally, she prophesied that western Railroad in 1880, however, Schools a city would one day flourish there; sparked an influx of residents that in- Dover High School decades later, her prophecy was ful- cluded many families. South Meadow Middle School filled. The railroad came to Dakota In 1889, De Smet’s most notable resi- Golden Brook School Territory in 1887, and in the words of dent, Laura Ingalls Wilder, author of The Whitefield School the Spencer News, the town ‘‘like a the Little House on the Prairie books School Finalists mushroom, sprang into existence.’’ which evolved into the longest running Holderness Central School Similarly, the other account of Spen- series in TV history, arrived with her Dunbarton Elementary School∑ cer’s name asserts it was named for family. While her series immortalizes f Hugh Spencer, the division super- this great community, every summer TSP CELEBRATES 75 YEARS intendent of the Omaha Railroad. De Smet honors the famous writer with Platted in 1880, Spencer was officially the Laura Ingalls Wilder Pageant. ∑ Mr. JOHNSON. Mr. President, it is incorporated into McCook County in Another of De Smet’s attractions is with great honor that I rise today to 1917. Ever since E. L. Hunskaar opened Washington Park, host to countless publicly congratulate The Spitznagel the town’s first railroad depot in 1887, family picnics and outdoor activities. Partners, Inc., TSP, on its 75th anni- the community has been home to a The park is also home to a statue hon- versary as one of South Dakota’s pre- number of prosperous businesses and oring Father Pierre Jean De Smet, the mier architectural, engineering, and has supported farmers and ranchers duplicate of which is located in his construction firms. across the region. hometown of Dendermonde, Belgium. Founded in Sioux Falls on June 9, Unfortunately, as many know, Spen- De Smet’s statue, which was dedicated 1930, by Sioux Falls native, Harold T. cer suffered a horrific tragedy in 1998 to the public on June 8, 1986, estab- Spitznagel, TSP is the largest architec- when the most destructive tornado in lished a bond between Dendermonde, tural and engineering firm in the South Dakota history, an F–4, dev- Belgium and De Smet, SD and the two State. Throughout its 75 years, TSP astated the region. On Saturday, May became sister cities. has contributed to the landscape of 100 30, the tornado ripped through the tiny De Smet’s other distinguished land- different South Dakota communities. town, killing six people and injuring marks include the historic courthouse, Among its most notable structures are over 150 of Spencer’s 320 residents. I re- the Ingalls Homestead, the Loftus the Sylvan Lake Hotel, Sioux Falls member peering over the city from a Store, and the De Smet Depot, a mu- City Hall, St. Mary’s Catholic Church, ladder on a Sioux Falls fire truck and seum immortalizing the town’s past. Sioux Falls Arena, IBP/Tyson Foods thinking how much the terrible scene Additionally, De Smet’s over 1,100 resi- Corporate Headquarters, South Dakota resembled a Civil War battlefield. Most dents have come to count on The News, Technology Business Center, Harris- of the houses were reduced to rubble; founded in 1880, and The Kingsbury burg High School, and Sioux Falls Vet- the post office, first station, library, County Independent, established in erans’ Memorial Park. bank, and multiple churches were all 1890, for quality and accurate reporting Following the firm’s significant ex- destroyed. Despite the devastation, on local events and affairs. pansion in 1969, TSP established offices Spencer’s dedicated residents com- In the twelve and a half decades since in Minnesota, Wyoming, Colorado, mitted themselves to the rebuilding efits founding, De Smet has proven its Iowa, and Nebraska. Accordingly, what fort with undaunted determination. As ability to thrive, while preserving and was once a small budding company a result of the residents’ diligence and cherishing its rich past. De Smet’s staffed by a single person in Sioux determination, Spencer commemorates proud residents celebrate its 125th an- Falls is now a prominent firm with of- its 125th anniversary as a proud and niversary on June 11, 2005, and it is fices in nine cities and over 200 employ- thriving town. with great honor that I share with my ees. In the twelve and a half decades since colleagues the achievements made by Mr. President, it is with great honor its founding, Spencer has proven its this great community.∑ that I share with my colleagues the ac- ability to flourish and survive. Spen- f complishments of Harold T. Spitznagel, cer’s proud residents celebrate its 125th his partners, associates, and employ- anniversary on June 18, 2005, and it is MESSAGES FROM THE PRESIDENT ees. TSP’s proven success will undoubt- with great pleasure that I share with Messages from the President of the edly continue to enhance both the my colleagues the achievements made beauty and property of South Dakota United States were communicated to by this remarkable and resilient com- the Senate by Mr. Williams, one of his for many years to come.∑ ∑ munity. secretaries. f f f HONORING THE CITY OF SPENCER, HONORING THE TOWN OF DE SOUTH DAKOTA SMET, SOUTH DAKOTA EXECUTIVE MESSAGES REFERRED ∑ Mr. JOHNSON. Mr. President, I rise ∑ Mr. JOHNSON. Mr. President, I rise As in executive session the Presiding today to honor and publicly recognize today to honor and publicly recognize Officer laid before the Senate messages the 125th anniversary of the founding the 125th anniversary of the founding from the President of the United of the city of Spencer, SD. On June 18, of the town of De Smet, SD. As the States submitting sundry nominations 2005, the citizens of Spencer will cele- 125th anniversary approaches, De Smet and a withdrawal which were referred brate their city’s proud past, as well as looks back on a proud history and to the appropriate committees. their hope for a promising future. looks forward to a promising future. (The nominations received today are Located in southeastern South Da- Founded in 1880 by the Western Town printed at the end of the Senate pro- kota, the origin of Spencer’s name is a Lot Company, De Smet is almost equi- ceedings.) bit contentious. One story tells of an distant from the Nebraska State line f Indian Camp located exactly where the and from the North Dakota State line. town of Spencer now sits. One tale has Situated in central Kingsbury County, MESSAGE FROM THE HOUSE it that scouts from the Lewis and De Smet is named for Father Pierre At 2:02 p.m., a message from the Clark expedition came across the In- Jean De Smet, a Belgian priest who House of Representatives, delivered by dian Camp in 1804, where they found an tirelessly worked among the region’s Ms. Niland, one of its reading clerks, ill and weary Indian woman with her local Indian tribes. Despite the town’s announced that the House has passed newborn baby. After nursing the two status as Kingsbury County seat, De the following bill, in which it requests back to health, the woman gave the Smet originally was sparsely popu- the concurrence of the Senate:

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 11658 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 June 6, 2005 H. R. 1815. An act to authorize appropria- 7915–1) received on May 26, 2005; to the Com- Internal Revenue Service, Department of the tions for fiscal year 2006 for military activi- mittee on Environment and Public Works. Treasury, transmitting, pursuant to law, the ties of the Department of Defense, for mili- EC–2389. A communication from the Prin- report of a rule entitled ‘‘Credit for Increas- tary construction, and for defense activities cipal Deputy Associate Administrator, Office ing Research Activities’’ ((RIN1545–BD60) of the Department of Energy, to prescribe of Policy, Economics, and Innovation, Envi- (TD 9205)) received on May 26, 2005; to the military personnel strengths for such fiscal ronmental Protection Agency, transmitting, Committee on Finance. year, and for other purposes. pursuant to law, the report of a rule entitled EC–2400. A communication from the Acting ‘‘Approval and Promulgation of Air Quality Chief, Publications and Regulations Branch, f Implementation Plans; Maine; VOC Regula- Internal Revenue Service, Department of the MEASURES REFERRED tions’’ (FRL No. 7913–3) received on May 26, Treasury, transmitting, pursuant to law, the 2005; to the Committee on Environment and report of a rule entitled ‘‘Declaratory Judg- The following bill was read the first Public Works. ment Procedures under 7479’’ (Rev. Proc. and the second times by unanimous EC–2390. A communication from the Under 2005–33) received on May 26, 2005; to the Com- consent, and referred as indicated: Secretary of Defense, Acquisition, Tech- mittee on Finance. EC–2401. A communication from the Acting H.R. 1815. To authorize appropriations for nology, and Logistics, Department of De- Chief, Publications and Regulations Branch, fiscal year 2006 for military activities of the fense, transmitting, pursuant to law, a re- Internal Revenue Service, Department of the Department of Defense, for military con- port relative to the Defense Base Closure and Treasury, transmitting, pursuant to law, the struction, and for defense activities of the Realignment Act of 1990, as amended; to the report of a rule entitled ‘‘Deemed Corporate Department of Energy, to prescribe military Committee on Armed Services. Election for Electing S Corporations’’ personnel strengths for such fiscal year; to EC–2391. A communication from the Acting ((RIN1545–BC32) (TD 9203)) received on May the Committee on Armed Services. Director, Office of Personnel Management, transmitting, pursuant to law, the Office of 26, 2005; to the Committee on Finance. f Personnel Management’s (OPM) Federal EC–2402. A communication from the Acting Chief, Publications and Regulations Branch, MEASURES PLACED ON THE Equal Opportunity Recruitment Program Report for Fiscal Year 2004; to the Com- Internal Revenue Service, Department of the CALENDAR mittee on Homeland Security and Govern- Treasury, transmitting, pursuant to law, the The following bill was read the sec- mental Affairs. report of a rule entitled ‘‘Mortgage Revenue Bonds’’ ((RIN1545–BC59) (TD 9204)) received ond time, and placed on the calendar: EC–2392. A communication from the Presi- dent of the United States, transmitting, pur- on May 26, 2005; to the Committee on Fi- H.R. 810. An act to amend the Public suant to law, a report relative to the Treaty nance. Health Service Act to provide for human em- EC–2403. A communication from the Acting on Open Skies of March 24, 1992; to the Com- bryonic stem cell research. Chief, Publications and Regulations Branch, mittee on Foreign Relations. Internal Revenue Service, Department of the f EC–2393. A communication from the Acting Treasury, transmitting, pursuant to law, the Chief, Publications and Regulations Branch, report of a rule entitled ‘‘Assumption of EXECUTIVE AND OTHER Internal Revenue Service, Department of the Partner Liabilities’’ ((RIN1545–AX93) (TD COMMUNICATIONS Treasury, transmitting, pursuant to law, the 9207)) received on May 26, 2005; to the Com- report of a rule entitled ‘‘Coordinated Issue: The following communications were mittee on Finance. laid before the Senate, together with Notice 2002–50 ‘Tax Shelter’ ’’ (Uniform Issue EC–2404. A communication from the Acting List No.: 9300.21–00) received on May 26, 2005; Chief, Publications and Regulations Branch, accompanying papers, reports, and doc- to the Committee on Finance. uments, and were referred as indicated: Internal Revenue Service, Department of the EC–2394. A communication from the Acting Treasury, transmitting, pursuant to law, the EC–2384. A communication from the Dep- Chief, Publications and Regulations Branch, report of a rule entitled ‘‘Appeals Settle- uty Chief Counsel for Regulations, Transpor- Internal Revenue Service, Department of the ment Guidelines: Transfer or Sale of Com- tation Security Administration, Department Treasury, transmitting, pursuant to law, the pensatory Options or Restricted Stock to Re- of Homeland Security, transmitting, pursu- report of a rule entitled ‘‘Additional Rules lated Persons’’ (UIL: 9300.28.00) received on ant to law, the report of a rule entitled ‘‘Pri- for Exchanges of Personal Property under May 26, 2005; to the Committee on Finance. vacy Act of 1974: Implementation of Exemp- Section 1031(a)’’ ((RIN1545–BD25) (TD 9202)) EC–2405. A communication from the Con- tions; Registered Traveler Operations Files’’ received on May 26, 2005; to the Committee gressional Review Coordinator, Animal and ((RIN1652–AA36) (Docket TSA–2004–18984)) re- on Finance. Plant Health Inspection Service, Department ceived on May 26, 2005; to the Committee on EC–2395. A communication from the Acting of Agriculture, transmitting, pursuant to Commerce, Science, and Transportation. Chief, Publications and Regulations Branch, law, the report of a rule entitled ‘‘Pine Shoot EC–2385. A communication from the Chair- Internal Revenue Service, Department of the Beetle; Additions to Quarantined Areas’’ man and the Chief Executive Officer, United Treasury, transmitting, pursuant to law, the (APHIS Docket No. 05–027–1) received on May States Olympic Committee, transmitting, report of a rule entitled ‘‘Regulations Gov- 27 2005; to the Committee on Agriculture, pursuant to law, a report relative to the Ted erning Practice Before the Internal Revenue Nutrition, and Forestry. Stevens Olympic and Amateur Sports Act; to Service (Circular 230—Shelter)’’ ((RIN1545– EC–2406. A communication from the Prin- the Committee on Commerce, Science, and BA70) (TD 9201)) received on May 26, 2005; to cipal Deputy Associate Administrator, Office Transportation. the Committee on Finance. of Policy, Economics, and Innovation, Envi- EC–2386. A communication from the Prin- EC–2396. A communication from the Acting ronmental Protection Agency, transmitting, cipal Deputy Associate Administrator, Office Chief, Publications and Regulations Branch, pursuant to law, the report of a rule entitled of Policy, Economics, and Innovation, Envi- Internal Revenue Service, Department of the ‘‘Tetraconazole; Pesticide Tolerances for ronmental Protection Agency, transmitting, Treasury, transmitting, pursuant to law, the Emergency Exemptions’’ (FRL No. 7714–1) re- pursuant to law, the report of a rule entitled report of a rule entitled ‘‘Examinations, In- ceived on May 31, 2005; to the Committee on ‘‘Implementation Rule for 8-Hour Ozone spections and Reopenings’’ (Rev. Proc. 2005– Agriculture, Nutrition, and Forestry. NAAQS—Phase 1’’ (FRL No. 7918–6) received 32) received on May 26, 2005; to the Com- EC–2407. A communication from the Prin- on May 26, 2005; to the Committee on Envi- mittee on Finance. cipal Deputy Associate Administrator, Office ronment and Public Works. EC–2397. A communication from the Acting of Policy, Economics, and Innovation, Envi- EC–2387. A communication from the Prin- Chief, Publications and Regulations Branch, ronmental Protection Agency, transmitting, cipal Deputy Associate Administrator, Office Internal Revenue Service, Department of the pursuant to law, the report of a rule entitled of Policy, Economics, and Innovation, Envi- Treasury, transmitting, pursuant to law, the ‘‘3-Hexen-1-ol, (3Z)-; Exemption from the Re- ronmental Protection Agency, transmitting, report of a rule entitled ‘‘Trust Fund Recov- quirement of a Tolerance’’ (FRL No. 7713–2) pursuant to law, the report of a rule entitled ery Penalty Revenue Procedure’’ (Rev. Proc. received on May 31, 2005; to the Committee ‘‘Revisions to Arizona State Implementation 2005–34) received on May 26, 2005; to the Com- on Agriculture, Nutrition, and Forestry. Plan, Maricopa County’’ (FRL No. 7912–3) re- mittee on Finance. EC–2408. A communication from the Prin- ceived on May 26, 2005; to the Committee on EC–2398. A communication from the Acting cipal Deputy Associate Administrator, Office Environment and Public Works. Chief, Publications and Regulations Branch, of Policy, Economics, and Innovation, Envi- EC–2388. A communication from the Prin- Internal Revenue Service, Department of the ronmental Protection Agency, transmitting, cipal Deputy Associate Administrator, Office Treasury, transmitting, pursuant to law, the pursuant to law, the report of a rule entitled of Policy, Economics, and Innovation, Envi- report of a rule entitled ‘‘Guidance Regard- ‘‘Two Isopropylamine Salts of Alkyl C4 and ronmental Protection Agency, transmitting, ing Qualified Intellectual Property Contribu- Alkyl C8–10 Ethoxyphosphate esters; Exemp- pursuant to law, the report of a rule entitled tions’’ (Notice 2005–41) received on May 26, tion from the Requirement of a Tolerance’’ ‘‘Approval and Promulgation of Air Quality 2005; to the Committee on Finance. (FRL No. 7712–1) received on May 31, 2005; to Implementation Plans; Maine; Smaller-Scale EC–2399. A communication from the Acting the Committee on Agriculture, Nutrition, Electric Generating Resources’’ (FRL No. Chief, Publications and Regulations Branch, and Forestry.

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 June 6, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 11659 EC–2409. A communication from the Prin- ation Regulations (including 3 regulations): (2005–0110)) received on May 31, 2005; to the cipal Deputy Associate Administrator, Office [CGD08–05–033], [CGD08–05–029], [CGD05–05– Committee on Commerce, Science, and of Policy, Economics, and Innovation, Envi- 061]’’ (RIN1625–AA09) received on May 27, Transportation. ronmental Protection Agency, transmitting, 2005; to the Committee on Commerce, EC–2427. A communication from the Pro- pursuant to law, the report of a rule entitled Science, and Transportation. gram Analyst, Federal Aviation Administra- ‘‘Ocean Disposal; Designation of Dredged Ma- EC–2418. A communication from the Chief, tion, Department of Transportation, trans- terial Disposal Sites in Central and Western Regulations and Administrative Law, U.S. mitting, pursuant to law, the report of a rule Long Island Sound, Connecticut’’ (FRL No. Coast Guard, Department of Homeland Secu- entitled ‘‘Establishment of Class E Surface 7919–9) received on May 31, 2005; to the Com- rity, transmitting, pursuant to law, the re- Area Airspace; and Modification of Class D mittee on Environment and Public Works. port of a rule entitled ‘‘Safety Zones (includ- Airspace; Topeka, Forbes Field, KS; COR- EC–2410. A communication from the Prin- ing 4 regulations)’’ (RIN1625–AA00) received RECTION;’’ ((RIN2120–AA66) (2005–0105)) re- cipal Deputy Associate Administrator, Office on May 27, 2005; to the Committee on Com- ceived on May 31, 2005; to the Committee on of Policy, Economics, and Innovation, Envi- merce, Science, and Transportation. Commerce, Science, and Transportation. ronmental Protection Agency, transmitting, EC–2419. A communication from the Chief, EC–2428. A communication from the Pro- pursuant to law, the report of a rule entitled Regulations and Administrative Law, U.S. gram Analyst, Federal Aviation Administra- ‘‘ARIZONA SIP. Redesignation of Phoenix to Coast Guard, Department of Homeland Secu- tion, Department of Transportation, trans- Attainment for 1-Hour Ozone Standard’’ rity, transmitting, pursuant to law, the re- mitting, pursuant to law, the report of a rule (FRL No. 7901–6) received on May 31, 2005; to port of a rule entitled ‘‘Safety Zones (includ- entitled ‘‘Establishment of Class E Surface the Committee on Environment and Public ing 3 regulations): [CGD01–04–155], [CGD01– Area Airspace; and Modification of Class D Works. 05–050], [COPT Los Angeles-Long Beach 03– Airspace; Topeka, Forbes Field, KS’’ EC–2411. A communication from the Prin- 002]’’ (RIN1625–AA00) received on May 27, ((RIN2120–AA66) (2005–0106)) received on May cipal Deputy Associate Administrator, Office 2005; to the Committee on Commerce, 31, 2005; to the Committee on Commerce, of Policy, Economics, and Innovation, Envi- Science, and Transportation. Science, and Transportation. ronmental Protection Agency, transmitting, EC–2420. A communication from the Pro- EC–2429. A communication from the Pro- pursuant to law, the report of a rule entitled gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- ‘‘Alabama: Final Authorization of State Haz- tion, Department of Transportation, trans- tion, Department of Transportation, trans- ardous Waste Management Program Revi- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule sions’’ (FRL No. 7920–6) received on May 31, entitled ‘‘Amendment of Class D and E Air- entitled ‘‘Pyrotechnic Signaling Device Re- 2005; to the Committee on Environment and space; Montgomery, AL; CORRECTION’’ quirements; DISPOSITION OF COMMENTS’’ Public Works. ((RIN2120–AA66) (2005–0104)) received on May ((RIN2120–AI42) (2005–0002)) received on May EC–2412. A communication from the Prin- 31, 2005; to the Committee on Commerce, 31, 2005; to the Committee on Commerce, cipal Deputy Associate Administrator, Office Science, and Transportation. Science, and Transportation. of Policy, Economics, and Innovation, Envi- EC–2421. A communication from the Pro- EC–2430. A communication from the Pro- ronmental Protection Agency, transmitting, gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- pursuant to law, the report of a rule entitled tion, Department of Transportation, trans- tion, Department of Transportation, trans- ‘‘Determination of Attainment by the Appli- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule cable Attainment Date for the Carbon Mon- entitled ‘‘Amendment to Class E Airspace; entitled ‘‘Aviation Safety and Health Part- oxide National Ambient Air Quality Stand- Windsor Locks, Bradley International Air- nership Program’’ (RIN2120–ZZ74) received ard within the Las Vegas Valley Nonattain- port; CONFIRMATION OF EFFECTIVE on May 31, 2005; to the Committee on Com- ment Area, Clark County, Nevada; Deter- DATE’’ ((RIN2120–AA66) (2005–0102)) received merce, Science, and Transportation. mination Regarding Applicability of Certain on May 31, 2005; to the Committee on Com- EC–2431. A communication from the Pro- Clean Air Act Requirements’’ (FRL No. 7919– merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- 7) received on May 31, 2005; to the Committee EC–2422. A communication from the Pro- tion, Department of Transportation, trans- on Environment and Public Works. gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule EC–2413. A communication from the Acting tion, Department of Transportation, trans- entitled ‘‘Standard Instrument Approach General Counsel, Department of Commerce, mitting, pursuant to law, the report of a rule Procedures; Miscellaneous Amendments; transmitting, the report of a draft bill enti- entitled ‘‘Modification of Class E Airspace; Amdt. No. 3063 [6–27–03/5–5–05]’’ ((RIN2120– tled ‘‘To Continue the Secretary of Com- Elkhart, KS’’ ((RIN2120–AA66) (2005–0099)) re- AA65) (2005–0013)) received on May 31, 2005; to merce’s Authority to Conduct the Quarterly ceived on May 31, 2005; to the Committee on the Committee on Commerce, Science, and Financial Report Program’’ received on June Commerce, Science, and Transportation. Transportation. 1, 2005; to the Committee on Commerce, EC–2423. A communication from the Pro- EC–2432. A communication from the Pro- Science, and Transportation. gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- EC–2414. A communication from the Chief, tion, Department of Transportation, trans- tion, Department of Transportation, trans- Regulations and Administrative Law, U.S. mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Coast Guard, Department of Homeland Secu- entitled ‘‘Modification of Class E Airspace; entitled ‘‘Standard Instrument Approach rity, transmitting, pursuant to law, the re- Kaiser, MO; CONFIRMATION OF EFFEC- Procedures; Miscellaneous Amendments; port of a rule entitled ‘‘Anchorage Grounds; TIVE DATE’’ ((RIN2120–AA66) (2005–0100)) re- Amdt. No. 3068 [7–28–03/5–5–05]’’ ((RIN2120– Hampton Roads, VA’’ (RIN1625–AA01) received on May 31, 2005; to the Committee on AA65) (2005–0014)) received on May 31, 2005; to ceived on May 27, 2005; to the Committee on Commerce, Science, and Transportation. the Committee on Commerce, Science, and Commerce, Science, and Transportation. EC–2424. A communication from the Pro- Transportation. EC–2415. A communication from the Chief, gram Analyst, Federal Aviation Administra- EC–2433. A communication from the Pro- Regulations and Administrative Law, U.S. tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- Coast Guard, Department of Homeland Secu- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- rity, transmitting, pursuant to law, the re- entitled ‘‘Modification of Class E Airspace; mitting, pursuant to law, the report of a rule port of a rule entitled ‘‘Security Zone; New Cedar Rapids, IA; CONFIRMATION OF EF- entitled ‘‘Standard Instrument Approach York Marine Inspection Zone and Captain of FECTIVE DATE’’ ((RIN2120–AA66) (2005– Procedures; Miscellaneous Amendments; the Port Zone, New York Harbor’’ (RIN1625– 0103)) received on May 31, 2005; to the Com- Amdt. No. 3121 [5–3/5–5]’’ ((RIN2120–AA65) AA87) received on May 27, 2005; to the Com- mittee on Commerce, Science, and Transpor- (2005–0015)) received on May 31, 2005; to the mittee on Commerce, Science, and Transpor- tation. Committee on Commerce, Science, and tation. EC–2425. A communication from the Pro- Transportation. EC–2416. A communication from the Chief, gram Analyst, Federal Aviation Administra- EC–2434. A communication from the Pro- Regulations and Administrative Law, U.S. tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- Coast Guard, Department of Homeland Secu- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- rity, transmitting, pursuant to law, the re- entitled ‘‘Modification of Class E Airspace; mitting, pursuant to law, the report of a rule port of a rule entitled ‘‘Security Zone Regu- Valentine, NE; CONFIRMATION OF EFFEC- entitled ‘‘Revision of VOR Federal Airways lations; St. Croix, United States Virgin Is- TIVE DATE’’ ((RIN2120–AA66) (2005–0101)) re- and Jet Routes in the Vicinity of Savannah, lands’’ (RIN1625–AA87) received on May 27, ceived on May 31, 2005; to the Committee on GA’’ ((RIN2120–AA66) (2005–0107)) received on 2005; to the Committee on Commerce, Commerce, Science, and Transportation. May 31, 2005; to the Committee on Com- Science, and Transportation. EC–2426. A communication from the Pro- merce, Science, and Transportation. EC–2417. A communication from the Chief, gram Analyst, Federal Aviation Administra- EC–2435. A communication from the Pro- Regulations and Administrative Law, U.S. tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- Coast Guard, Department of Homeland Secu- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- rity, transmitting, pursuant to law, the re- entitled ‘‘Modification of Class E2 and E5 mitting, pursuant to law, the report of a rule port of a rule entitled ‘‘Drawbridge Oper- Airspace; Columbus, NE’’ ((RIN2120–AA66) entitled ‘‘Revision of Class E Airspace;

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 11660 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 June 6, 2005 Nome, AK’’ ((RIN2120–AA66) (2005–0109)) re- EC–2445. A communication from the Pro- limits on use of Montgomery GI Bill edu- ceived on May 31, 2005; to the Committee on gram Analyst, Federal Aviation Administra- cational assistance benefits, and for other Commerce, Science, and Transportation. tion, Department of Transportation, trans- purposes; to the Committee on Veterans’ Af- EC–2436. A communication from the Pro- mitting, pursuant to law, the report of a rule fairs. gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Boeing By Ms. CANTWELL: tion, Department of Transportation, trans- Model 737–300, 400, and 500 Series Airplanes; S. 1163. A bill to amend the Workforce In- mitting, pursuant to law, the report of a rule CORRECTION’’ ((RIN2120–AA64) (2005–0229)) vestment Act of 1998 to provide for strategic entitled ‘‘Revision of VOR Federal Airway received on May 31, 2005; to the Committee sectoral skills gap assessments, strategic 208’’ ((RIN2120–AA66) (2005–0108)) received on on Commerce, Science, and Transportation. skills gap action plans, and strategic train- May 31, 2005; to the Committee on Com- EC–2446. A communication from the Pro- ing capacity enhancement seed grants, and merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- for other purposes; to the Committee on EC–2437. A communication from the Pro- tion, Department of Transportation, trans- Health, Education, Labor, and Pensions. gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule By Ms. CANTWELL: tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives: S. 1164. A bill to amend the Workforce In- mitting, pursuant to law, the report of a rule Raytheon Model Hawker 800XP Airplanes’’ vestment Act of 1998 to provide for training entitled ‘‘Revision of Incorporation by Ref- ((RIN2120–AA64) (2005–0231)) received on May service and delivery innovation projects; to erence Provisions’’ (RIN2120–AI39) received 31, 2005; to the Committee on Commerce, the Committee on Health, Education, Labor, on May 31, 2005; to the Committee on Com- Science, and Transportation. and Pensions. merce, Science, and Transportation. EC–2447. A communication from the Pro- By Mr. INOUYE (for himself and Mr. EC–2438. A communication from the Pro- gram Analyst, Federal Aviation Administra- AKAKA): gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- S. 1165. A bill to provide for the expansion tion, Department of Transportation, transmitting, pursuant to law, the report of a rule of the James Campbell National Wildlife Ref- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: McDon- uge, Honolulu County, Hawaii; to the Com- entitled ‘‘Airworthiness Directives: Bom- nell Douglas Model DC 9 81, DC 9 82, DC 9 87, mittee on Environment and Public Works. bardier Model CL–600–2B19 Airplanes’’ and MD 88 Airplanes’’ ((RIN2120–AA64) (2005– By Mr. AKAKA (for himself and Mr. ((RIN2120–AA64) (2005–0223)) received on May 0230)) received on May 31, 2005; to the Com- INOUYE): 31, 2005; to the Committee on Commerce, mittee on Commerce, Science, and Transpor- S. 1166. A bill to extend the authorization Science, and Transportation. tation. of the Kalaupapa National Historical Park EC–2439. A communication from the Pro- EC–2448. A communication from the Pro- Advisory Commission; to the Committee on gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- Energy and Natural Resources. tion, Department of Transportation, trans- tion, Department of Transportation, trans- By Mr. VOINOVICH: mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule S. 1167. A bill to provide that certain wire entitled ‘‘Airworthiness Directives: Hartzel entitled ‘‘Airworthiness Directives: rods shall not be subject to any antidumping Propeller Inc. Series and HA–A2V20–1B Se- Turbomeca S.A. Arriel 1 Turboshaft En- duty or countervailing duty order; to the ries Propellers with Aluminum Blades; COR- gines’’ ((RIN2120–AA64) (2005–0227)) received Committee on Finance. RECTION’’ ((RIN2120–AA64) (2005–0224)) re- on May 31, 2005; to the Committee on Com- By Mr. NELSON of Florida: ceived on May 31, 2005; to the Committee on merce, Science, and Transportation. S. 1168. A bill to amend section 212 of the Commerce, Science, and Transportation. EC–2449. A communication from the Pro- EC–2440. A communication from the Pro- gram Analyst, Federal Aviation Administra- Immigration and Nationality Act to make gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- inadmissible individuals who law enforce- tion, Department of Transportation, transmitting, pursuant to law, the report of a rule ment knows, or has reasonable grounds to mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: Bom- believe, seek entry into the United States to entitled ‘‘Airworthiness Directives: LET a.s. bardier Model CL–600–2B19 Airplanes’’ participate in illegal activities with criminal Model Blanik L–13 AC Sailplanes’’ ((RIN2120– ((RIN2120–AA64) (2005–0228)) received on May gangs located in the United States; to the AA64) (2005–0232)) received on May 31, 2005 to 31, 2005; to the Committee on Commerce, Committee on the Judiciary. the Committee on Commerce, Science, and Science, and Transportation. By Mr. FEINGOLD (for himself, Mr. Transportation. EC–2450. A communication from the Pro- SUNUNU, Mr. LEAHY, Mr. AKAKA, Mr. EC–2441. A communication from the Pro- gram Analyst, Federal Aviation Administra- JEFFORDS, and Mr. WYDEN): gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- S. 1169. A bill to require reports to Con- tion, Department of Transportation, transmitting, pursuant to law, the report of a rule gress on Federal agency use of data-mining; mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: McDon- to the Committee on the Judiciary. entitled ‘‘Airworthiness Directives: Boeing nell Douglas Model DC 8 33 and 43 Airplanes; By Mr. DOMENICI (for himself and Mr. Model 707 Airplanes and Model 720 and 720B Model DC 8F 54 and DC 8F 55 Airplanes; and BINGAMAN): Series Airplanes’’ ((RIN2120–AA64) (2005– Model DC 8 50, 60, 60F, 70 and 70F Series Air- S. 1170. A bill to establish the Fort Stan- 0233)) received on May 31, 2005; to the Com- planes’’ ((RIN2120–AA64) (2005–0237)) received ton-Snowy River National Cave Conserva- mittee on Commerce, Science, and Transpor- on May 31, 2005; to the Committee on Com- tion Area; to the Committee on Energy and tation. merce, Science, and Transportation. Natural Resources. EC–2442. A communication from the Pro- EC–2451. A communication from the Pro- By Mr. SPECTER (for himself, Mr. gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- BAYH, Ms. COLLINS, Mr. JOHNSON, tion, Department of Transportation, trans- tion, Department of Transportation, trans- Mrs. MURRAY, Mr. FEINGOLD, and Mr. mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule WYDEN): entitled ‘‘Airworthiness Directives: Pilatus entitled ‘‘Airworthiness Directives: S. 1171. A bill to halt Saudi support for in- Aircraft Limited Models B4 PC11, Br PC11A, CENTRAIR 101 Series Gliders’’ ((RIN2120– stitutions that fund, train, incite, encourage, and B4 PC11AF Sailplanes’’ ((RIN2120–AA64) AA64) (2005–0238)) received on May 31, 2005; to or in any other way aid and abet terrorism, (2005–0235)) received on May 31, 2005; to the the Committee on Commerce, Science, and and to secure full Saudi cooperation in the Committee on Commerce, Science, and Transportation. investigation of terrorist incidents, and for other purposes; to the Committee on Foreign Transportation. f EC–2443. A communication from the Pro- Relations. gram Analyst, Federal Aviation Administra- INTRODUCTION OF BILLS AND By Mr. SPECTER (for himself, Mr. tion, Department of Transportation, trans- JOINT RESOLUTIONS HARKIN, Mrs. CLINTON, Mr. OBAMA, and Mrs. BOXER): mitting, pursuant to law, the report of a rule The following bills and joint resolu- entitled ‘‘Airworthiness Directives: BAE S. 1172. A bill to provide for programs to Systems Limited Model Avro 146RJ Series tions were introduced, read the first increase the awareness and knowledge of Airplanes’’ ((RIN2120–AA64) (2005–0234)) re- and second times by unanimous con- women and health care providers with received on May 31 2005; to the Committee on sent, and referred as indicated: spect to gynecologic cancers; to the Com- Commerce, Science, and Transportation. By Ms. CANTWELL: mittee on Health, Education, Labor, and EC–2444. A communication from the Pro- S. 1161. A bill to amend part A of title IV Pensions. gram Analyst, Federal Aviation Administra- of the Social Security Act to exempt prepa- f tion, Department of Transportation, trans- ration for high-skill, high-demand jobs from mitting, pursuant to law, the report of a rule participation and time limits under the tem- SUBMISSION OF CONCURRENT AND entitled ‘‘Airworthiness Directives: Glaser- porary assistance for needy families pro- SENATE RESOLUTIONS Dirks Flugzeugbau GmbH Model DG–800B gram; to the Committee on Finance Sailplanes’’ ((RIN2120–AA64) (2005–0236)) re- By Ms. CANTWELL: The following concurrent resolutions ceived on May 31, 2005; to the Committee on S. 1162. A bill to amend title 10 and 38, and Senate resolutions were read, and Commerce, Science, and Transportation. United States Code, to repeal the 10-year referred (or acted upon), as indicated:

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 June 6, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 11661 By Mr. DEWINE (for himself, Mrs. vance care planning and decision- Secretary of the Treasury to mint FEINSTEIN, Mr. COCHRAN, Mrs. DOLE, making so that individuals’ wishes are coins in commemoration of veterans Ms. LANDRIEU, Ms. MURKOWSKI, and known should they become unable to who became disabled for life while Mr. LUGAR): speak for themselves, to engage health serving in the Armed Forces of the S. Res. 160. A resolution designating June 2005 as ‘‘National Safety Month’’; considered care providers in disseminating infor- United States. and agreed to. mation about and assisting in the prep- S. 642 aration of advance directives, which in- At the request of Mr. FRIST, the f clude living wills and durable powers of name of the Senator from Alabama ADDITIONAL COSPONSORS attorney for health care, and for other (Mr. SHELBY) was added as a cosponsor purposes. of S. 642, a bill to support certain na- S. 21 S. 407 tional youth organizations, including At the request of Ms. COLLINS, the At the request of Mr. JOHNSON, the the Boy Scouts of America, and for name of the Senator from Maine (Ms. names of the Senator from North Caro- other purposes. SNOWE) was added as a cosponsor of S. lina (Mr. BURR) and the Senator from S. 685 21, a bill to provide for homeland secu- Colorado (Mr. SALAZAR) were added as rity grant coordination and simplifica- At the request of Mr. AKAKA, the cosponsors of S. 407, a bill to restore tion, and for other purposes. name of the Senator from Massachu- health care coverage to retired mem- setts (Mr. KENNEDY) was added as a co- S. 98 bers of the uniformed services, and for sponsor of S. 685, a bill to amend title At the request of Mr. ALLARD, the other purposes. IV of the Employee Retirement Income name of the Senator from Washington S. 492 Security Act of 1974 to require the Pen- (Ms. CANTWELL) was added as a cospon- At the request of Mr. FRIST, the sion Benefit Guaranty Corporation, in sor of S. 98, a bill to amend the Bank name of the Senator from Florida (Mr. the case of airline pilots who are re- Holding Company Act of 1956 and the MARTINEZ) was added as a cosponsor of quired by regulation to retire at age 60, Revised Statutes of the United States S. 492, a bill to make access to safe to compute the actuarial value of to prohibit financial holding companies water and sanitation for developing monthly benefits in the form of a life and national banks from engaging, di- countries a specific policy objective of annuity commencing at age 60. rectly or indirectly, in real estate bro- the United States foreign assistance S. 729 kerage or real estate management ac- programs, and for other purposes. At the request of Mr. DURBIN, the tivities, and for other purposes. S. 559 name of the Senator from New York S. 155 At the request of Mr. BIDEN, the (Mrs. CLINTON) was added as a cospon- At the request of Mrs. FEINSTEIN, the name of the Senator from Nebraska sor of S. 729, a bill to establish the name of the Senator from Florida (Mr. (Mr. HAGEL) was added as a cosponsor Food Safety Administration to protect NELSON) was added as a cosponsor of S. of S. 559, a bill to make the protection the public health by preventing food- 155, a bill to increase and enhance law of vulnerable populations, especially borne illness, ensuring the safety of enforcement resources committed to women and children, who are affected food, improving research on contami- investigation and prosecution of vio- by a humanitarian emergency a pri- nants leading to food-borne illness, and lent gangs, to deter and punish violent ority of the United States Government, improving security of food from inten- gang crime, to protect law-abiding citi- and for other purposes. tional contamination, and for other zens and communities from violent S. 601 purposes. criminals, to revise and enhance crimi- At the request of Mr. CONRAD, the S. 738 nal penalties for violent crimes, to re- name of the Senator from North Caro- At the request of Mr. SPECTER, the form and facilitate prosecution of juve- lina (Mr. BURR) was added as a cospon- names of the Senator from North Caro- nile gang members who commit violent sor of S. 601, a bill to amend the Inter- lina (Mrs. DOLE) and the Senator from crimes, to expand and improve gang nal Revenue Code of 1986 to include Louisiana (Mr. VITTER) were added as prevention programs, and for other combat pay in determining an allow- cosponsors of S. 738, a bill to provide purposes. able contribution to an individual re- relief for the cotton shirt industry. S. 296 tirement plan. S. 757 At the request of Mr. KOHL, the S. 603 At the request of Mr. CHAFEE, the names of the Senator from Vermont At the request of Ms. LANDRIEU, the name of the Senator from Alaska (Ms. (Mr. LEAHY) and the Senator from name of the Senator from North Da- MURKOWSKI) was added as a cosponsor Michigan (Mr. LEVIN) were added as co- kota (Mr. CONRAD) was added as a co- of S. 757, a bill to amend the Public sponsors of S. 296, a bill to authorize sponsor of S. 603, a bill to amend the Health Service Act to authorize the Di- appropriations for the Hollings Manu- Consumer Credit Protection Act to as- rector of the National Institute of En- facturing Extension Partnership Pro- sure meaningful disclosures of the vironmental Health Sciences to make gram, and for other purposes. terms of rental-purchase agreements, grants for the development and oper- S. 333 including disclosures of all costs to ation of research centers regarding en- At the request of Mr. SANTORUM, the consumers under such agreements, to vironmental factors that may be re- name of the Senator from North Caro- provide certain substantive rights to lated to the etiology of breast cancer. lina (Mrs. DOLE) was added as a cospon- consumers under such agreements, and S. 768 sor of S. 333, a bill to hold the current for other purposes. At the request of Mr. NELSON of Flor- regime in Iran accountable for its S. 612 ida, the name of the Senator from Mas- threatening behavior and to support a At the request of Mr. SPECTER, the sachusetts (Mr. KENNEDY) was added as transition to democracy in Iran. name of the Senator from Illinois (Mr. a cosponsor of S. 768, a bill to provide S. 347 DURBIN) was added as a cosponsor of S. for comprehensive identity theft pre- At the request of Mr. NELSON of Flor- 612, a bill to require the Secretary of vention. ida, the name of the Senator from Indi- the Army to award the Combat Medical S. 846 ana (Mr. BAYH) was added as a cospon- Badge or another combat badge for At the request of Mr. DURBIN, the sor of S. 347, a bill to amend titles Army helicopter medical evacuation name of the Senator from California XVIII and XIX of the Social Security ambulance (Medevac) pilots and crews. (Mrs. BOXER) was added as a cosponsor Act and title III of the Public Health S. 633 of S. 846, a bill to provide fair wages for Service Act to improve access to infor- At the request of Mr. JOHNSON, the America’s workers. mation about individuals’ health care name of the Senator from Pennsyl- S. 847 operations and legal rights for care vania (Mr. SPECTER) was added as a co- At the request of Ms. STABENOW, the near the end of life, to promote ad- sponsor of S. 633, a bill to require the name of the Senator from California

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 11662 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 June 6, 2005

(Mrs. BOXER) was added as a cosponsor MURRAY), the Senator from Georgia chusetts (Mr. KENNEDY) were added as of S. 847, a bill to lower the burden of (Mr. ISAKSON), the Senator from Indi- cosponsors of S.J. Res. 18, a joint reso- gasoline prices on the economy of the ana (Mr. BAYH), the Senator from Dela- lution approving the renewal of import United States and circumvent the ef- ware (Mr. CARPER) and the Senator restrictions contained in the Burmese forts of OPEC to reap windfall oil prof- from California (Mrs. FEINSTEIN) were Freedom and Democracy Act of 2003. its. added as cosponsors of S. 1047, a bill to S. CON. RES. 36 S. 922 require the Secretary of the Treasury At the request of Mrs. FEINSTEIN, the At the request of Mr. SANTORUM, the to mint coins in commemoration of name of the Senator from Indiana (Mr. name of the Senator from Mississippi each of the Nation’s past Presidents BAYH) was added as a cosponsor of S. (Mr. COCHRAN) was added as a cospon- and their spouses, respectively to im- Con. Res. 36, a concurrent resolution sor of S. 922, a bill to establish and pro- prove circulation of the $1 coin, to cre- expressing the sense of Congress con- vide for the treatment of Individual ate a new bullion coin, and for other cerning actions to support the Nuclear Development Accounts, and for other purposes. Non-proliferation Treaty on the occa- purposes. S. 1060 sion of the Seventh NPT Review Con- S. 962 At the request of Mr. COLEMAN, the ference. At the request of Mr. BAUCUS, the name of the Senator from Idaho (Mr. S. RES. 86 name of the Senator from Colorado CRAPO) was added as a cosponsor of S. At the request of Mr. HAGEL, the (Mr. SALAZAR) was added as a cospon- 1060, a bill to amend the Internal Rev- name of the Senator from Indiana (Mr. sor of S. 962, a bill to amend the Inter- enue Code of 1986 to allow a credit LUGAR) was added as a cosponsor of S. nal Revenue Code of 1986 to allow a against income tax for the purchase of Res. 86, a resolution designating Au- credit to holders of qualified bonds hearing aids. gust 16, 2005, as ‘‘National Airborne issued to finance certain energy S. 1068 Day’’. S. RES. 155 projects, and for other purposes. At the request of Mrs. DOLE, the S. 963 name of the Senator from Mississippi At the request of Mr. BIDEN, the names of the Senator from Ohio (Mr. At the request of Mr. THUNE, the (Mr. LOTT) was added as a cosponsor of name of the Senator from Florida (Mr. S. 1068, a bill to provide for higher edu- DEWINE) and the Senator from Penn- MARTINEZ) was added as a cosponsor of cation affordability, access, and oppor- sylvania (Mr. SPECTER) were added as S. 963, a bill to amend title 38, United tunity. cosponsors of S. Res. 155, a resolution designating the week of November 6 States Code, to provide for a guaran- S. 1081 through November 12, 2005, as ‘‘Na- teed adequate level of funding for vet- At the request of Ms. STABENOW, the erans’ health care, to direct the Sec- tional Veterans Awareness Week’’ to name of the Senator from Colorado emphasize the need to develop edu- retary of Veterans Affairs to conduct a (Mr. SALAZAR) was added as a cospon- pilot program to improve access to cational programs regarding the con- sor of S. 1081, a bill to amend title tributions of veterans to the country. health care for rural veterans, and for XVIII of the Social Security Act to S. RES. 158 other purposes. provide for a minimum update for phy- At the request of Mr. GRAHAM, the S. 1002 sicians’ services for 2006 and 2007. AUCUS names of the Senator from Colorado At the request of Mr. B , the S. 1103 name of the Senator from Arkansas (Mr. SALAZAR) and the Senator from At the request of Mr. BAUCUS, the (Mrs. LINCOLN) was added as a cospon- Louisiana (Mr. VITTER) were added as name of the Senator from Montana sor of S. 1002, a bill to amend title cosponsors of S. Res. 158, a resolution (Mr. BURNS) was added as a cosponsor XVIII of the Social Security Act to expressing the sense of the Senate that of S. 1103, a bill to amend the Internal make improvements in payments to the President should designate the Revenue Code of 1986 to repeal the indi- hospitals under the medicare program, week beginning September 11, 2005, as vidual alternative minimum tax. and for other purposes. ‘‘National Historically Black Colleges S. 1120 S. 1029 and Universities Week’’. At the request of Mr. DURBIN, the At the request of Mr. REED, the name f names of the Senator from Minnesota of the Senator from Connecticut (Mr. STATEMENTS ON INTRODUCED (Mr. COLEMAN), the Senator from Ne- DODD) was added as a cosponsor of S. BILLS AND JOINT RESOLUTIONS 1029, a bill to amend the Higher Edu- braska (Mr. HAGEL), the Senator from By Ms. CANTWELL: cation Act of 1965 to expand college ac- Vermont (Mr. LEAHY) and the Senator from Vermont (Mr. JEFFORDS) were S. 1162. A bill to amend title 10 and cess and increase college persistence, 38, United States Code, to repeal the and for other purposes. added as cosponsors of S. 1120, a bill to reduce hunger in the United States by 10–year limits on use of Montgomery S. 1035 half by 2010, and for other purposes. GI Bill educational assistance benefits, At the request of Mr. INHOFE, the S. 1139 and for other purposes; to the Com- name of the Senator from Oklahoma mittee on Veterans’ Affairs. At the request of Mr. DURBIN, his (Mr. COBURN) was added as a cosponsor Ms. CANTWELL. Mr. President, I name was added as a cosponsor of S. of S. 1035, a bill to authorize the pres- rise today to talk about an investment 1139, a bill to amend the Animal Wel- entation of commemorative medals on program in lifelong education for our fare Act to strengthen the ability of behalf of Congress to Native Americans service members and veterans. The the Secretary of Agriculture to regu- who served as Code Talkers during for- Montgomery GI Bill is consistently late the pet industry. eign conflicts in which the United cited as an important reason people States was involved during the 20th S.J. RES. 12 join the military. The GI Bill continues century in recognition of the service of At the request of Mr. HATCH, the to be one of the most important bene- those Native Americans to the United name of the Senator from Georgia (Mr. fits of military service today. There is States. ISAKSON) was added as a cosponsor of no reason why 100 percent of our active S. 1047 S.J. Res. 12, a joint resolution pro- duty, selected reserve, and veteran At the request of Mr. SUNUNU, the posing an amendment to the Constitu- servicemembers shouldn’t be taking names of the Senator from South Caro- tion of the United States authorizing advantage of their earned education lina (Mr. DEMINT), the Senator from Congress to prohibit the physical dese- benefits. Rhode Island (Mr. CHAFEE), the Senator cration of the flag of the United States. That is why I’m introducing the ‘‘GI from Oklahoma (Mr. COBURN), the Sen- S.J. RES. 18 Bill for Life Act of 2005,’’ which would ator from Connecticut (Mr. DODD), the At the request of Mrs. FEINSTEIN, the allow Montgomery GI Bill participants Senator from Florida (Mr. MARTINEZ), names of the Senator from Oregon (Mr. an unlimited time to use their earned the Senator from Washington (Mrs. WYDEN) and the Senator from Massa- benefits.

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 June 6, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 11663 The MGIB is a program that provides ployment Representative (LVER) for ciplined, goal-oriented, and steadfast up to 36 months of education benefits the WorkSource in Wenatchee, Wash- and attract the kind of service mem- for educational opportunities ranging ington—wrote to me saying, ‘‘It’s been bers who will go on to occupy leader- from college to apprenticeship and job my experience that most people don’t ship positions in government and the training, and even flight training. know what they want to do in life or private sector Upon enlistment, the GI Bill also re- are placed in situations where, due to Eliminating the GI Bill 10- and 14- quires service members to contribute changing economic times, they are dis- year limitation for service members, $100 per month for their first 12 months placed and need further education and veterans, and Selected Reserve moves of services. training to compete for jobs. But most one step toward improving the MGIB. Basically, the MGIB is divided into don’t have access to training resources The GI Bill for Life would allow MGIB two programs. One program targets ac- to do so.’’ members, including qualified Vietnam tive duty and veteran members, paying In terms of Vietnam Era veterans, Era Veterans the flexibility to access over $1,000 per month to qualified stu- Mr. Ruelas goes on to say, ‘‘[m]any 50 their earned education benefits at any dents. That’s more than $36,000 for year olds are unemployed, untrained time. school. The other is directed at the Se- and uneducated and could use their As the nation’s economy continues to lected Reserve. This program provides educational benefits to improve their recover and grow stronger, the GI Bill educational benefits of $288 per month, skills to compete for better jobs. Many will continue to be the primary vehicle for a total of $10,368. have come to realize, too late, that keeping our active duty service mem- If recruits are overwhelmingly de- they need college or retraining and bers and veterans of military service claring that education opportunity don’t have the resources to do so.’’ on track, helping to ensure our coun- under the GI Bill is the key incentive While times have changed remark- try’s prosperity. for them to join the military, then it ably, one thing remains constant: edu- makes sense that most—if not all—of cation is critical to employment oppor- By Mr. INOUYE (for himself and our troops, who signed up for the pro- tunity. In the 21st Century global labor Mr. AKAKA): gram, would also be cashing in on their market, enhancing skills through edu- S. 1165. A bill to provide for the ex- benefits. But reports show that the ma- cation and job training is now more pansion of the James Campbell Na- jority, 40–60 percent, do not actually important than ever. The need for re- tional Wildlife Refuge, Honolulu Coun- use the benefits they earned. training is even more underscored for ty, Hawaii; to the Committee on Envi- Currently, MGIB participants have our military service members and vet- ronment and Public Works. up to 10 years from their release date erans. Mr. INOUYE. Mr. President, I rise from the military to use their earned My legislation, the GI Bill for Life, today to introduce the James Campbell education benefits. Members of the Se- would ensure that educational opportu- National Wildlife Refuge Expansion lected Reserve are able to use their nities are lifelong, allowing service Act of 2005, and ask unanimous consent MGIB benefits for 14 years. However, members and veterans the flexibility that the text of the bill be printed in that means your earned education ben- to seek education and job training op- the RECORD. efits expire if you don’t I use them portunities when it is the right time The James Campbell National Wild- within the required timeframe, closing for them to do so. life Refuge is the premier endangered your window of opportunity to go to Higher education not only serves as Hawaiian waterbird recovery area in school or finish your college education. an individual benefit, but positive the northern portion of the Island of Plus you lose the $1,200 dedicated for externalities have transpired: the GI Oahu. It supports all four endangered your GI Bill during your first year of Bill was instrumental in building our Hawaiian waterbirds and a variety of enlistment. migratory shorebirds and waterfowl. Originally, the intent of 1944 GI Bill country’s middle class and continues to The expansion of James Campbell Na- of Rights was to help veterans success- help close the college education gap. Today, employers are requiring high- tional Wildlife Refuge under my bill fully transition back into civilian would provide for wildlife and habitat life—as education is the key to emer qualifications from the workforce. protection, and would also resolve ployment opportunities. Looking back The Bureau of Labor Statistics reports issues associated with the hydrology of now, we know that the GI Bill opened that six of the ten fastest-growing oc- the door to higher education, helping cupations require an associate’s degree the Kahuku floodplain. millions of service members and vet- or bachelor’s degree. By 2010,40 percent The expansion would restore histor- erans who wouldn’t otherwise have had of all job growth will require some ical wetland habitat and form the larg- the chance to pay for college. That is, form of postsecondary education. While est managed freshwater wetland on servicemembers benefited from the GI a highly skilled workforce is one char- Oahu. It would connect the two exist- Bill because they used the payments acteristic of the new economy, working ing units of the Refuge and create a within the 10- and 14 year limitation. for one employer throughout a lifetime protected flyway between them to pro- But there are many others who did is no longer routine, but rather an eva- vide essential habitat for four endan- not use their earned education benefits nescent feature. According to findings gered waterbird species and migratory within that timeframe. For example, by Brigham Young University, the av- waterbirds. It would also protect the after leaving the military, some erage person changes jobs or careers last remaining large scale coastal dune servicemembers postponed going to eight times in his or her lifetime. To ecosystem on Oahu and preserve native school because they had to go straight keep up with these trends, expanding strand plants and protect coastal wild- to work in order to support their fam- access to education and training is a life such as threatened green sea tur- ily. Others unfortunately, were either must do in the 21st Century global tles, seabirds, migratory shorebirds, homeless or incarcerated for long peri- marketplace. and possibly the endangered Hawaiian ods of time due to disability associated A 1999 report by the Congressional monk seal. Support facilities could be with military service—but are now Commission on Service members and constructed on upland areas to support ready to move forward in their lives, Veterans Transition Assistance stated environmental education and interpre- and going back to school is their first that the GI Bill of the future must in- tation programs, visitor services, and step. In some cases, due to random life clude the following: provide veterans habitat management programs. All circumstances, some people just lost with access to post-secondary edu- land proposed for the expansion is track of time. Additionally, because of cation that they use; assist the Armed owned by the Estate of James Camp- misinformation and bureaucratic lan- forces in recruiting the high-quality bell, a willing seller. guage, the GI Bill is known as a com- high school graduates needed; enhance Heavy floods occur frequently in this plicated program to navigate. the Nation’s competitiveness by fur- area, devastating residents who live in A constituent of mine, Ruben ther educating American veterans, a the adjacent town of Kahuku. Because Ruelas—who is a Local Veterans Em- population that is already self-dis- of the location and natural function of

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 11664 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 June 6, 2005 this historical floodplain, the land ac- public uses, including wildlife observation, sory group to Kalaupapa National His- quisition also serves as the crucial photography, and environmental education torical Park. The park was established component for the proposed Kahuku and interpretation; and by statute in 1980, P.L. 96–565, to pro- flood control project by increasing the (8) acquisition of the land described in vide for the preservation of the nation- paragraph (4)— capacity of the area to drain and pre- (A) will create a single, large, manageable, ally and internationally significant re- serving the floodwater retention of and ecologically-intact unit that includes sources of the Kalaupapa settlement on these wetlands. sufficient buffer land to reduce impacts on the island of Molokai in the State of This habitat restoration proposal the Refuge; and Hawaii—the residents, culture, history, represents the most significant wet- (B) is necessary to reduce flood damage fol- and natural resources. The purpose of land enhancement project ever under- lowing heavy rainfall to residences, busi- the park is to provide a well-main- taken in Hawaii. By combining effec- nesses, and public buildings in the town of tained community in which the tive flood control, wetland develop- Kahuku. Kalaupapa Hansen’s disease patients ment, endangered species conservation, SEC. 3. DEFINITIONS. are guaranteed that they may remain environmental education, and visitor In this Act: at Kalaupapa as long as they wish, and opportunities, benefits provided will (1) DIRECTOR.—The term ‘‘Director’’ means to protect the current lifestyle of these the Director of the United States Fish and serve not only the local communities, Wildlife Service. patients and their individual privacy. but also Hawaii residents and visitors (2) REFUGE.—The term ‘‘Refuge’’ means the The Act provides that the preservation for generations to come. James Campbell National Wildlife Refuge es- and interpretation of the settlement be I hope my colleagues will join me in tablished pursuant to the Endangered Spe- managed and performed by patients supporting this non-controversial legis- cies Act of 1973 (16 U.S.C. 1531 et seq.). and Native Hawaiians to the extent lation. (3) SECRETARY.—The term ‘‘Secretary’’ practical. There being no objection, the bill was means the Secretary of the Interior. Section 108 of the enacting legisla- ordered to be printed in the RECORD, as SEC. 4. EXPANSION OF REFUGE. tion establishes the Kalaupapa Na- follows: (a) EXPANSION.—The boundary of the Ref- tional Historical Park Advisory Com- S. 1165 uge is expanded to include the approxi- mission consisting of 11 members, ap- mately 1,100 acres of land (including any Be it enacted by the Senate and House of Rep- pointed by the Secretary of the Inte- water and interest in the land) depicted on resentatives of the United States of America in the map entitled ‘‘James Campbell National rior for terms of five years. Seven of Congress assembled, Wildlife Refuge–Expansion’’, and on file in the members are patients or former pa- SECTION 1. SHORT TITLE. the office of the Director. tients elected by the patient commu- This Act may be cited as the ‘‘James (b) BOUNDARY REVISIONS.—Not later than nity. Four members are appointed from Campbell National Wildlife Refuge Expan- 90 days after the date of enactment of this recommendations made by the Gov- sion Act of 2005’’. Act, the Secretary may make such minor ernor of Hawaii, and at least one of SEC. 2. FINDINGS. modifications to the boundary of the Refuge Congress finds that— these is Native Hawaiian. The appoint- as the Secretary determines to be appro- ments are not compensated. (1) the United States Fish and Wildlife priate to— Service manages the James Campbell Na- The Advisory Commission is an im- (1) achieve the goals of the United States portant body providing input and ad- tional Wildlife Refuge for the purpose of pro- Fish and Wildlife Service relating to the Ref- moting the recovery of 4 species of endan- uge; or vice to the Secretary of the Interior on gered Hawaiian waterbirds; (2) facilitate the acquisition of property policy concerning visitation to the (2) the United States Fish and Wildlife within the Refuge. park and other matters. It is remark- Service leases approximately 240 acres of (c) AVAILABILITY OF MAP.— able that 25 years have passed since en- high-value wetland habitat (including ponds, (1) IN GENERAL.—The map described in sub- actment of the bill establishing the marshes, freshwater springs, and adjacent section (a) shall remain available for inspec- park and Commission; and at the end land) and manages the habitat in accordance tion in an appropriate office of the United with the National Wildlife Refuge System of the 2005 calendar year, the Advisory States Fish and Wildlife Service, as deter- Commission expires. It is important to Improvement Act (16 U.S.C. 668dd note; Pub- mined by the Secretary. continue the work of the Commission, lic Law 105–312); (2) NOTICE.—As soon as practicable after (3) the United States Fish and Wildlife the date of enactment of this Act, the Sec- which is to provide a voice for the pa- Service entered into a contract to purchase retary shall publish in the Federal Register tients and residents to be heard on in fee title the land described in paragraph and any publication of local circulation in matters concerning their home. I and (2) from the estate of James Campbell for the the area of the Refuge notice of the avail- my cosponsor Senator INOUYE urge fa- purposes of— ability of the map. vorable consideration of this legisla- (A) permanently protecting the endangered SEC. 5. ACQUISITION OF LAND AND WATER. species habitat; and tion in a timely fashion, so that the (a) IN GENERAL.—Subject to the avail- (B) improving the management of the Ref- Commission can continue its business ability of appropriated funds, the Secretary uge; and advisory functions. may acquire the land described in section (4) the United States Fish and Wildlife I ask unanimous consent that the 4(a). Service has identified for inclusion in the text of the bill be printed in the (b) INCLUSION.—Any land, water, or inter- Refuge approximately 800 acres of additional RECORD. est acquired by the Secretary pursuant to high-value wildlife habitat adjacent to the this section shall— There being no objection, the bill was Refuge that are owned by the estate of (1) become part of the Refuge; and ordered to be printed in the RECORD, as James Campbell; (2) be administered in accordance with ap- follows: (5) the land of the estate of James Camp- plicable law. S. 1166 bell on the Kahuku Coast features coastal dunes, coastal wetlands, and coastal strand SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Be it enacted by the Senate and House of Rep- that promote biological diversity for threat- There are authorized to be appropriated resentatives of the United States of America in ened and endangered species, including— such sums as are necessary to carry out this Congress assembled, (A) the 4 species of endangered Hawaiian Act. SECTION 1. EXTENSION OF AUTHORIZATION. waterbirds described in paragraph (1); Section 108(e) of the Act entitled ‘‘An Act (B) migratory shorebirds; By Mr. AKAKA (for himself and to establish the Kalaupapa National Histor- (C) waterfowl; Mr. INOUYE): ical Park in the State of Hawaii, and for (D) seabirds; S. 1166. A bill to extend the author- other purposes’’ (16 U.S.C. 410jj–7) is amended (E) endangered and native plant species; by striking ‘‘twenty-five years from’’ and in- ization of the Kalaupapa National His- serting ‘‘on the date that is 45 years after’’. (F) endangered monk seals; and torical Park Advisory Commission; to (G) green sea turtles; the Committee on Energy and Natural By Mr. NELSON of Florida: (6) because of extensive coastal develop- Resources. S. 1168. A bill to amend section 212 of ment, habitats of the type within the Refuge are increasingly rare on the Hawaiian is- Mr. AKAKA. Mr. President, I rise the Immigration and Nationality Act lands; today to introduce a bill to reauthorize to make inadmissible individuals who (7) expanding the Refuge will provide in- the Kalaupapa National Historical law enforcement knows, or has reason- creased opportunities for wildlife-dependent Park Advisory Commission, an advi- able grounds to believe, seek entry into

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 June 6, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 11665 the United States to participate in ille- of the children were still clutching the data-mining; to the Committee on the gal activities with criminal gangs lo- Christmas gifts they had just pur- Judiciary. cated in the United States; to the Com- chased with their mothers. The purpose Mr. FEINGOLD. Mr. President, I am mittee on the Judiciary. of this horrific act of violence was to pleased today to introduce the Federal Mr. NELSON of Florida. Mr. Presi- intimidate the Government of Hon- Agency Data-Mining Reporting Act of dent, I wish to bring to the attention of duras from cracking down on these 2005. I want to thank Senator SUNUNU the Senate a serious threat to the secu- gangs. for cosponsoring this bill. He has con- rity of our Nation. Criminal gangs, Over the recess last week, I went to sistently been a leader on privacy originally from Central America, are Honduras with our Four Star General, issues, and I am very pleased to work infiltrating several major cities in this the Combatant Commander of the with him on this effort. I also want to country and threatening the safety and United States Southern Command. thank Senators LEAHY, AKAKA, JEF- security of our citizens. We went there to meet with the Hon- FORDS and WYDEN for their support of MS–13, also known as Mara duran President Ricardo Maduro, and the bill. Salvatrucha, is a brutal and violent our ambassador, Ambassador Palmer, The controversial data analysis tech- gang responsible for horrific acts of vi- to try to have a better understanding nology known as data-mining is capa- olence. MS–13 gang members are iden- of this problem, and what we should do ble of reviewing millions of both public tified by the various tattoos on their not only to help a country such as Hon- and private records on each and every bodies. They have origins in El Sal- duras that is trying to get its arms American. The possibility of govern- vador, but you find they are frequently around these gangs and to stop the vio- ment law enforcement or intelligence found now in Honduras, El Salvador, lence but to keep this from spreading agencies fishing for patterns of crimi- and Nicaragua. This gang uses extreme into the United States. nal or terrorist activity in these vast acts of violence to try to intimidate As a result of what I have learned, quantities of digital data raises serious people, not only in Central America and the exceptional threat this gang privacy and civil liberties issues—not but in America itself. According to the poses to United States, I am filing leg- to mention questions about the effec- Bureau of Immigration, Customs and islation today that will do a couple of tiveness of these types of searches. But Enforcement, MS–13 poses the greatest things. First, it will give our consular more than two years after Congress threat to Los Angeles, New York, Bal- officers in law an automatic reason to first learned about the Defense Depart- timore, Newark, the Washington, DC, reject entry into the United States for ment’s program called Total Informa- area, and Miami. MS–13 has been active anyone they know, or have reasonable tion Awareness, there is still much we in increasing their numbers here in the grounds to believe, is a member of one do not know about the Federal govern- United States by assisting other mem- of these gangs. Secondly, this legisla- ment’s other work on data-mining., We bers enter the United States from Cen- tion I am filing would up the penalty found out last year from a GAO report tral America. Federal authorities pro- for anyone smuggling one of these gang that there are 199 Federal data-mining vide that there are between 8,000 and members into the United States from 1 programs, 122 of which rely on personal 10,000 members of MS–13 in the United to 10 years. information and 29 of which are for the States and my concern is that if we I am also cosponsoring legislation purpose of investigating terrorists or don’t act now to stop them, they will with the senior Senator from Cali- criminals, but we don’t know the de- be able to get a toe-hold here in the fornia which goes after gang violence tails of those programs. This is infor- United States and significantly in- by trying to give additional Federal as- mation we need to have. Congress crease their membership and horrific sistance to local law enforcement as should not be learning the details form of violence. they try to grapple with this. about data-mining programs after mil- What is some of that violence? Ac- I have a good example. In south Flor- lions of dollars are spent testing or cording to law enforcement officials, ida last week, after I had returned from using data-mining against unsuspect- MS–13 has been involved in murder, ex- Honduras, I met with the joint task ing Americans. tortion, robbery, rape, drug trafficking force of multiple levels of law enforce- Coupled with the expanded domestic and human smuggling throughout the ment—city, the county, sheriff depu- surveillance already undertaken by United States. Here in the Washington, ties, the Feds, and the State—that has this Administration, the unchecked, DC, area, for example, two members of formed a joint team to attack this secret use of data-mining technology MS–13 were found guilty of the stab- problem and to try to keep these threatens one of the most important bing and throat slashing murder of a gangs, specifically MS–13, from getting values that we are fighting for as we 17-year-old government witness who a toe-hold in south Florida. We hope if combat terrorism—freedom. My bill was 7 months pregnant at the time of we are successful in Florida it will be would require all Federal agencies to her gang-ordered execution. And to ap- an example to the rest of the country, report to Congress within 90 days and parently to send some kind of message and with the increased penalties of- every year thereafter data-mining proof intimidation, the gang members dis- fered by this legislation, it will give grams developed or used to find a pat- figured her corpse. Many of their our law enforcement and our consular tern indicating terrorist or other crimes also involve drug trafficking officers additional tools to stamp out criminal activity and how these pro- and could very well expand to arms this violence, this gang-related activ- grams implicate the civil liberties and trafficking. And, who knows whether ity that could lead itself very much privacy of all Americans. If necessary, their crimes will soon extend into the into the hands of the terrorists who are information in the various reports terrorist network itself that we are so trying to exact so much harm upon us could be classified. concerned about. The Bureau of Immi- as a country and as a people. The time Let me clarify what this bill does not gration, Customs and Enforcement re- to act to stop the spread of this gang is do. It does not have any effect on the ports that there has been speculation now, before they are able to spread government’s use of commercial data of links between MS–13 and inter- their web of violence to more cities and to conduct individualized searches on national terrorist groups like al-Qaida. areas within the United States. I hope people who are already suspects. It The F.B.I. is investigating these ru- that my colleagues will join me and does not end funding for any program, mors of a possible link, but to date has support this bill. determine the rules for use of data- discovered no evidence establishing mining technology, or threaten any on- this link. By Mr. FEINGOLD (for himself, going investigation that uses data-min- In Honduras, MS–13 members mur- Mr. SUNUNU, Mr. LEAHY, Mr. ing technology. dered 28 women and children 2 days be- AKAKA, Mr. JEFFORDS, and Mr. My bill would simply provide Con- fore Christmas. Their victims were on WYDEN): gress with information about the na- a bus returning home after having gone S. 1169. A bill to require reports to ture of the technology and the data to shopping for Christmas gifts; some Congress on Federal agency use of that will be used. The Federal Agency

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 11666 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 June 6, 2005 Data-Mining Reporting Act would re- the government starts reviewing per- ducting the query or search or other analysis quire all government agencies to assess sonal information about every man, to find a predictive pattern indicating ter- the efficacy of the data-mining tech- woman and child in this country, we rorist or criminal activity; and nology and whether the technology can should learn what data-mining can and (C) the search does not use a specific individual’s personal identifiers to acquire infor- deliver on the promises of each pro- can’t do—and what limits and protec- mation concerning that individual. gram. In addition, my bill would make tions are needed. (2) DATABASE.—The term ‘‘database’’ does sure that Congress knows whether the We must also bear in mind that there not include telephone directories, news re- Federal agencies using data-mining will inevitably be errors in the under- porting, information publicly available via technology have considered and devel- lying data. Everyone knows people who the Internet or available by any other means oped policies to protect the privacy and have had errors on their credit re- to any member of the public without pay- due process rights of individuals. ports—and that is the one area of comment of a fee, or databases of judicial and ad- With complete information about the mercial data where the law already im- ministrative opinions. current data-mining plans and prac- poses strict accuracy requirements. SEC. 3. REPORTS ON DATA-MINING ACTIVITIES BY FEDERAL AGENCIES. tices of the Federal government, Con- Other types of commercial data are (a) REQUIREMENT FOR REPORT.—The head of gress will be able to conduct a thor- likely to be even more inaccurate. each department or agency of the Federal ough review of the costs and benefits of Even if the technology itself were ef- Government that is engaged in any activity the practice of data-mining on a pro- fective, I am very concerned that inno- to use or develop data-mining technology gram-by-program basis and make con- cent people could be ensnared because shall each submit a report to Congress on all sidered judgments about which proof mistakes in the data that make such activities of the department or agency grams should go forward and which them look suspicious. The recent rise under the jurisdiction of that official. The should not. Congress will also be able in identity theft, which creates even report shall be made available to the public. to evaluate whether new privacy rules more data accuracy problems, makes it (b) CONTENT OF REPORT.—A report sub- are necessary. mitted under subsection (a) shall include, for even more important that we address each activity to use or develop data-mining Data-mining could rely on a com- this issue. technology that is required to be covered by bination of intelligence data and per- Most Americans believe that their the report, the following information: sonal information like individuals’ private lives should remain private. (1) A thorough description of the data-min- traffic violations, credit card pur- Data-mining programs run the risk of ing technology and the data that is being or chases, travel records, medical records, intruding into the lives of individuals will be used. communications records, and virtually who have nothing to do with terrorism (2) A thorough description of the goals and any information contained in commer- or other criminal activity and under- plans for the use or development of such cial or public databases. Congress must standably do not want their credit re- technology and, where appropriate, the target dates for the deployment of the data- conduct oversight to make sure that ports, shopping habits and doctor visits mining technology. government agencies like the Depart- to become a part of a gigantic comput- (3) An assessment of the efficacy or likely ment of Homeland Security, the De- erized search engine operating without efficacy of the data-mining technology in partment of Justice, and the Depart- any controls or oversight. providing accurate information consistent ment of Defense use these types of sen- The Administration should be re- with and valuable to the stated goals and sitive personal information appro- quired to report to Congress about the plans for the use or development of the tech- priately. impact of the various data-mining pro- nology. Furthermore, data-mining is grams now underway or being studied, (4) An assessment of the impact or likely unproven in this area. The government and the impact those programs may impact of the implementation of the data- mining technology on the privacy and civil argues that data-mining can help lo- have on our privacy and civil liberties, liberties of individuals. cate potential terrorists before they so that Congress can determine wheth- (5) A list and analysis of the laws and regu- strike. But we do not, today, have evi- er the proposed benefits of this practice lations that govern the information being or dence that data-mining will prevent come at too high a price to our privacy to be collected, reviewed, gathered, analyzed, terrorism. In fact, some technology ex- and personal liberties. or used with the data-mining technology. perts have warned that data-mining is I urge my colleagues to support this (6) A thorough discussion of the policies, not the right approach for the ter- bill. All it asks for is information to procedures, and guidelines that are in place rorism problem. The financial world which Congress and the American peo- or that are to be developed and applied in the use of such technology for data-mining in has successfully used data-mining to ple are entitled. order to— identify people committing fraud be- I ask unanimous consent that the (A) protect the privacy and due process cause it has data on literally millions, text of this bill be printed in the rights of individuals; and if not billions, of historical financial RECORD. (B) ensure that only accurate information transactions. And the banks and credit There being no objection, the bill was is collected, reviewed, gathered, analyzed, or card companies know, in large part, ordered to be printed in the RECORD, as used. which of those past transactions have follows: (7) Any necessary classified information in turned out to be fraudulent. So when S. 1169 an annex that shall be available to the Com- mittee on Homeland Security and Govern- Be it enacted by the Senate and House of Rep- they apply sophisticated statistical al- mental Affairs, the Committee on the Judi- resentatives of the United States of America in gorithms to that massive amount of ciary, and the Committee on Appropriations Congress assembled, historical data, they are able to make of the Senate and the Committee on Home- a pretty good guess about what a SECTION 1. SHORT TITLE. land Security, the Committee on the Judici- fraudulent transaction might look like This Act may be cited as the ‘‘Federal ary, and the Committee on Appropriations of Agency Data-Mining Reporting Act of 2005’’. in the future. the House of Representatives. We do not have that kind of histor- SEC. 2. DEFINITIONS. (c) TIME FOR REPORT.—Each report re- In this Act: quired under subsection (a) shall be— ical data about terrorists and sleeper (1) DATA-MINING.—The term ‘‘data-mining’’ cells. We have just a handful of individ- (1) submitted not later than 90 days after means a query or search or other analysis of the date of the enactment of this Act; and uals whose past actions can be ana- 1 or more electronic databases, whereas— (2) updated once a year and include any lyzed, which makes it virtually impos- (A) at least 1 of the databases was obtained new uses or development of data-mining sible to apply the kind of advanced sta- from or remains under the control of a non- technology. tistical analysis required to use data- Federal entity, or the information was ac- mining in this way. That doesn’t mean quired initially by another department or By Mr. DOMENICI (for himself agency of the Federal Government for pur- we should stop the Federal government and Mr. BINGAMAN): poses other than intelligence or law enforce- from attempting to solve that problem, ment; S. 1170. A bill to establish the Fort but it raises serious questions about (B) a department or agency of the Federal Stanton-Snowy River National Cave whether data-mining will ever be able Government or a non-Federal entity acting Conservation Area; to the Committee to locate an actual terrorist. Before on behalf of the Federal Government is con- on Energy and Natural Resources.

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 June 6, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 11667 Mr. DOMENICI. Mr. President, I rise S. 1170 (F) scientific investigation and research today to introduce legislation to pro- Be it enacted by the Senate and House of Rep- opportunities within the Conservation Area, tect the recent discovery of a natural resentatives of the United States of America in including through partnerships with col- wonder in my home State of New Mex- Congress assembled, leges, universities, schools, scientific insti- SECTION 1. SHORT TITLE. tutions, researchers, and scientists to con- ico. That discovery is a passage within duct research and provide educational and the Fort Stanton Cave that contains This Act may be cited as the ‘‘Fort Stan- ton-Snowy River National Cave Conserva- interpretive services within the Conserva- what can only be described as a mag- tion Area Act’’. tion Area. nificent white river of calcite. I am SEC. 2. DEFINITIONS. (b) WITHDRAWALS.—Subject to valid exist- pleased to be joined in this effort by In this Act: ing rights, all Federal surface and subsurface land within the Conservation Area and all my colleague from New Mexico, Sen- (1) CONSERVATION AREA.—The term ‘‘Con- land and interests in the surface and sub- ator BINGAMAN. servation Area’’ means the Fort Stanton- Many locals are familiar with the Snowy River National Cave Conservation surface land that are acquired by the United Area established by section 3(a). States after the date of enactment of this Fort Stanton Cave in Lincoln County, Act for inclusion in the Conservation Area, (2) MANAGEMENT PLAN.—The term ‘‘man- NM. Exploration of the cave network are withdrawn from— dates back to at least the 1850s, when agement plan’’ means the management plan developed for the Conservation Area under (1) all forms of entry, appropriation, or dis- troops stationed in the area began vis- section 4(c). posal under the general land laws; (2) location, entry, and patent under the iting the caverns. That exploration has (3) SECRETARY.—The term ‘‘Secretary’’ continued into the 21st century, and in means the Secretary of the Interior, acting mining laws; and 2001 led to a unique discovery of a two- through the Director of the Bureau of Land (3) operation under the mineral leasing and Management. geothermal leasing laws. mile long continuous calcite formation (c) MANAGEMENT PLAN.— SEC. 3. ESTABLISHMENT OF FORT STANTON- by BLM volunteers. (1) IN GENERAL.—Not later than 2 years We have not found a formation of SNOWY RIVER NATIONAL CAVE CON- SERVATION AREA. after the date of enactment of this Act, the this size anywhere else in New Mexico (a) IN GENERAL.—There is established the Secretary shall develop a comprehensive or perhaps even in the United States. Fort Stanton-Snowy River National Cave plan for the long-term management of the In addition to the beauty of this dis- Conservation Area in Lincoln County, New Conservation Area. covery, I am particularly excited about Mexico, to secure, protect, and conserve sub- (2) PURPOSES.—The management plan the scientific and educational opportu- terranean natural and unique features and shall— environs for scientific, educational, and (A) describe the appropriate uses and man- nities associated with the find. This agement of the Conservation Area; large, continuous stretch of calcite other appropriate public uses. (b) BOUNDARIES.—The Conservation Area (B) incorporate, as appropriate, decisions may yield valuable research opportuni- shall include— contained in any other management or ac- ties relating to hydrology, geology, and (1) the minimum subsurface area necessary tivity plan for the land within or adjacent to microbiology. In fact, there may be no to provide for the Fort Stanton Cave, includ- the Conservation Area; limits to what we can learn from this ing the Snowy River passage in its entirety (C) take into consideration any informa- snow white cave passage. (which may include other significant caves); tion developed in studies of the land and re- It is not often that we find something and sources within or adjacent to the Conserva- like the calcite formation recently dis- (2) the minimum surface acreage, as deter- tion Area; and covered at Ft. Stanton. I believe this mined by the Secretary, that is necessary to (D) engage in a cooperative agreement provide access to the cave entrance. with Lincoln County, New Mexico, to address find is worthy of study and our most (c) MAP AND LEGAL DESCRIPTION.— the historical involvement of the local com- thoughtful management and conserva- (1) IN GENERAL.—As soon as practicable munity in the interpretation and protection tion. after the date of enactment of this Act, the of the resources of the Conservation Area. My legislation does the following: 1. Secretary shall prepare a map and legal de- (d) ACTIVITIES OUTSIDE CONSERVATION creates a Fort Stanton-Snowy River scription of the Conservation Area. AREA.— Cave Conservation Area to protect, se- (2) EFFECT.—The map and legal description (1) IN GENERAL.—The fact that an activity cure and conserve the natural and of the Conservation Area shall have the same or use is not permitted inside the Conserva- unique features of the Snowy River force and effect as if included in this Act, ex- tion Area shall not preclude— cept that the Secretary may correct any Cave. 2. instructs the BLM to prepare a (A) the conduct of the activity on land, or minor errors in the map and legal descrip- the use of land for the activity, outside the map and legal description of the Snowy tion. boundary of the Conservation Area, con- River cave, and to develop a com- (3) PUBLIC AVAILABILITY.—The map and sistent with other applicable laws (including prehensive, long-term management legal description of the Conservation Area regulations); or plan for the cave area. 3. authorizes the shall be available for public inspection in the (B) any activity or use, including new uses, conservation of the unique features and appropriate offices of the Bureau of Land on the surface land above the Conservation environs in the cave for scientific, edu- Management. Area or on any land appurtenant to that sur- cational and other public uses deemed SEC. 4. ADMINISTRATION OF CONSERVATION face land. AREA. (2) MANAGEMENT.—The surface land de- safe and appropriate under the manage- (a) IN GENERAL.—The Secretary shall ad- ment plan. 4. authorizes the BLM to scribed in paragraph (1)(B) shall continue to minister the Conservation Area— be managed for multiple uses in accordance work hand in hand with colleges, uni- (1) in accordance with the laws (including with all applicable laws (including regula- versities, scientific institutions, and regulations) applicable to public land and tions). researchers to further our under- the management plan required by this Act; (e) RESEARCH AND INTERPRETIVE FACILI- standing of the geologic, hydrologic, and TIES.— mineralogical, and biologic signifi- (2) in a manner that provides for— (1) IN GENERAL.—The Secretary may estab- cance of Snowy River. 5. protects the (A) the conservation and protection of the lish facilities for— natural and unique features and environs for caves from mineral and mining leasing (A) the conduct of scientific research; and scientific, educational, and other appro- (B) the interpretation of the historical, operations; and 6. protects existing sur- priate public uses of the Conservation Area; cultural, scientific, archaeological, natural, face uses at Fort Stanton. (B) public access, as appropriate, while pro- and educational resources of the Conserva- New Mexico is home to many natural viding for the protection of the cave re- tion Area. wonders, and I am proud to play a role sources and for public safety; (2) COOPERATIVE AGREEMENTS.—The Sec- in the protection of this newest unique (C) the continuation of other existing uses retary may enter into cooperative agree- discovery in my State. I hope my col- and new uses of the Conservation Area that ments with the State of New Mexico and leagues will join with me in approving do not substantially impair the purposes for other institutions and organizations to carry the Fort Stanton-Snowy River Na- which the Conservation Area is established; out the purposes of this Act. tional Cave Conservation Area Act. I (D) the protection of new caves within the (f) WATER RIGHTS.—Nothing in this Act Conservation Area, such as the Snowy River constitutes an express or implied reservation ask unanimous consent that the text of passage within Fort Stanton Cave; of any water right. the bill be printed in the RECORD. (E) the continuation of such uses on the SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There being no objection, the bill was surface acreage as exist under management There are authorized to be appropriated ordered to be printed in the RECORD, as action in place prior to designation of the such sums as are necessary to carry out this follows: Conservation Area by this Act; and Act.

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 11668 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 June 6, 2005 By Mr. SPECTER (for himself, mitted to speak with suspects in cus- message to the U.S. that they are not Mr. BAYH, Ms. COLLINS, Mr. tody. Crown Prince Abdullah denied serious about stemming the flow of JOHNSON, Mrs. MURRAY, Mr. my request and informed me that the support for terror and it sends a mes- FEINGOLD, and Mr. WYDEN): United States should not meddle in sage to their own people that this type S. 1171. A bill to halt Saudi support Saudi internal affairs. The murder of of behavior is tolerated. for institutions that fund, train, incite, nineteen U.S. airmen and the wounding The New York Times reported on encourage, or in any other way aid and of 400 more hardly qualifies as a Saudi September 17, 2003, that ‘‘at least fifty abet terrorism, and to secure full Saudi internal affair. percent of Hamas’s current operating cooperation in the investigation of ter- A joint committee of the Select Com- budget of about $10 million a year rorist incidents, and for other pur- mittee on Intelligence of the Senate comes from people in Saudi Arabia.’’ In poses; to the Committee on Foreign and the Permanent Select Committee a July 3, 2003 report, The Middle East Relations. on Intelligence of the House of Rep- Media Research Institute (MEMRI) re- Mr. SPECTER. Mr. President, I have resentatives issued a report on July 24, ported that various Saudi organiza- sought recognition to offer legislation 2003, which found ‘‘a number of U.S. tions have funneled over four billion to halt Saudi Arabia’s support for in- Government officials complained to dollars to finance the Palestinian stitutions that fund, train, incite or in the Joint Inquiry about a lack of Saudi intifada that began in September 2000. any other way aid and abet terrorism, cooperation in terrorism investigations The 9/11 Commission also clearly and to secure full Saudi cooperation in both before and after the September 11 stated that ‘‘Saudi Arabia’s society the investigation of terrorist incidents attacks.’’ With regard to dealing with was a place where al Qaeda raised and organizations. Saudi officials, General Counsel of the money directly from individuals Despite the Saudi government’s at- Treasury Department, David Aufhau- through charities.’’ tempts to show otherwise, a growing ser, testified on July 23, 2002, that In testimony presented to the Senate amount of evidence indicates that ‘‘there is an almost intuitive sense, Judiciary Committee in July 2003, Saudi Arabia has provided only lack- however, that things are not being vol- David Aufhauser, General Counsel of luster support for U.S. investigations unteered. So I want to fully inform you the Treasury Department, was asked if into terrorist networks, such as al about it, that we have to ask and we the trail of money funding terrorists Qaeda. Mounting documentation and have to seek and we have to strive.’’ led back to Saudi Arabia. He indicated reports have revealed that since the at- The Saudi Government has asserted that ‘‘in many cases it is the epi- tacks of September 11, 2001, Saudi citi- its right to question Saudi nationals center.’’ zens have provided significant amounts captured by U.S. forces in Afghanistan, Not only has the government failed of financial support to al Qaeda, yet according to a September 15, 2003 to halt the hemorrhaging of terrorist Hamas, and other terrorist organiza- issue of Time Magazine, the Saudi Gov- funds from its citizens, but its own tions. The Saudi government continues ernment denied ‘‘U.S. officials access leadership has reportedly provided sig- to use direct and indirect means to to several suspects in custody, includ- nificant support for terrorist organiza- support organizations that propagate ing a Saudi in detention for months tions. Saudi Arabia must begin by get- hate and incite terror around the who had knowledge of extensive plans ting its own house in order which in- world. to inject poison gas in the New York cludes rooting out those of its leaders United Nations Security Council Res- City subway system.’’ olution 1373, adopted in 2001, mandates In a June 2004 report entitled ‘‘Up- and those in its government who are that all states ‘‘refrain from providing date on the Global Campaign Against fanning the fire of hate. According to any form of support, active or passive, Terrorist Financing’’, the Council on the aforementioned MEMRI report, to entities or persons involved in ter- Foreign Relations reported that ‘‘we ‘‘for decades the royal family of the rorist acts . . . take the necessary find it regrettable and unacceptable Kingdom of Saudi Arabia has been the steps to prevent the commission of ter- that since September 11, 2001, we know main financial supporter of Palestinian rorist acts . . . deny safe haven to of not a single Saudi donor of funds to groups fighting Israel.’’ those who finance, plan, support, or terrorist groups who have been pub- In addition to financial support, commit terrorist acts . . . ensure that licly punished.’’ Saudi Arabia, through its various do- any person who participates in the fi- Additionally, the National Commis- mestic and foreign institutions, has nancing, planning, preparation or per- sion on Terrorist Attacks Upon the supported the spread of radical ide- petration of terrorist acts or in sup- United States, also referred to as the 9/ ology. A report released on January 28, porting terrorist acts is brought to jus- 11 Commission, interviewed numerous 2005 by Freedom House’s Center for Re- tice’’ and that member countries ‘‘af- military officers and government offi- ligious Freedom found that Saudi Ara- ford one another the greatest measure cials who repeatedly listed Saudi Ara- bia is the state most responsible for of assistance in connection with crimi- bia as a prime place for terrorists to the propagation of material promoting nal investigations or criminal pro- set up bases. ‘‘In talking with Amer- hatred, intolerance, and violence with- ceedings relating to the financing or ican and foreign government officials in United States mosques and Islamic support of terrorist acts.’’ I would like and military officers on the front lines centers, and that these publications to share some findings with my col- fighting terrorists today, we [9/11 Com- are often official publications of a leagues that I believe paint a clear pic- mission] asked them: If you were a ter- Saudi ministry or distributed by the ture that Saudi Arabia has failed to rorist leader today, where would you Embassy of Saudi Arabia in Wash- comply with this U.N. standard. locate your base? Some of the same ington, DC. Saudi Arabia’s lack of cooperation places come up again and again on Freedom House also found that with the United States is not a post their lists . . . the Arabian Peninsula, ‘‘while the government of Saudi Arabia 9/11 phenomenon. At the time of the especially Saudi Arabia.’’ claims to be ‘updating’ or reforming its Khobar Towers bombing in 1996, I The U.S. should not be in the posi- textbooks and study materials within chaired the Senate Intelligence Com- tion of begging for information and ex- the Kingdom, its publications propa- mittee. I visited Dhahran and had the pending time and energy pleading for gating an ideology of hatred remain opportunity to inspect the results of assistance from Saudi Arabia on mat- plentiful in some prominent American the car bomb which killed nineteen of ters of such great importance to our mosques and Islamic centers, and con- our airmen and injured 400 others. In national security. tinue to be a principal resource avail- that situation, U.S. investigators were In the case of funneling funds to ter- able to students of Islam within the denied the opportunity to interview rorist organizations, Saudi Arabia can- United States.’’ the suspects. I personally met with not be permitted to turn a blind eye to One such document Freedom House Crown Prince Abdullah of Saudi Arabia the millions of dollars its citizens fun- collected from a Herndon, Virginia and requested that the FBI be per- nel to radical organizations. It sends a mosque, distributed by the Cultural

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 June 6, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 11669 Department of the Saudi Arabian Em- private Saudi citizens and entities to after they first experience symptoms bassy in Washington, was found to con- offshore terrorist organizations. If due to a lack of knowledge of early tain ‘‘virulent denunciations of Chris- Saudi Arabia fails to take such steps, warning signs of gynecological cancers. tians and of the infidelity of their be- this legislation will require the Presi- Adding to the challenge of a prompt liefs and practices. It offers intricate dent to prohibit certain exports to and accurate diagnosis is the simi- guidelines concerning the proper rela- Saudi Arabia and restrict the travel of larity of gynecological cancer symp- tions Muslims should have with non- Saudi diplomats. This legislation per- toms to those of more common gastro- Muslims while they reside in the mits the President to waive such sanc- intestinal conditions and benign latter’s ‘lands of shirk and kufr’ (i.e. tions if he determines it is in the na- gynecologic conditions such as lands of idolatry and infidelity).’’ The tional security interest of the United perimenopause and menopause. Women report also found a fatwa in a Saudi States. too often receive diagnoses reflecting Embassy publication condemning tol- Two major objectives in the Global these benign conditions without their erant Muslims and ‘‘is followed by se- War on Terrorism are to deny terror- physicians having first considered lective Koranic verses that spell out ists safe haven and to eradicate the gynecologic cancers as a possible cause the infidelity of Jews and Christians sources of terrorist financing. We can- of the symptoms. and condemn them to the eternal fires not be successful in this war by ignor- The Gynecological Cancer Education of hell.’’ ing the problem Saudi Arabia presents and Awareness Act will improve early In a May 2003 report on Saudi Arabia, to our security. The government of detection of gynecologic cancers by the United States Commission on Saudi Arabia can no longer remain idle creating a national awareness and an International Religious Freedom found while its citizenry continues to provide education outreach campaign to in- ‘‘some Saudi government-funded text- the wherewithal for terrorist groups form physicians and individuals of the books used both in Saudi Arabia and with global reach nor can it continue risk factors and symptoms of these dis- also in North American Islamic schools to directly facilitate and support insti- eases. When gynecological cancer is de- and mosques have been found to en- tutions that incite violence. tected in its earliest stage, patients 5- courage incitement to violence against President Bush has stated that the year survival rates are greater than 90 non-Muslims.’’ The Commission fur- United States ‘‘will challenge the en- percent and many go on to live normal, ther found ‘‘offensive and discrimina- emies of reform, confront the allies of healthy lives. tory language in Saudi government- terror, and expect a higher standard The national awareness campaign sponsored school textbooks, sermons in from our friends.’’ The 108th Congress will be carried out by the Department mosques, and articles and commentary passed, and the President signed, the of Health and Human Services (HHS) to in the media about Jews, Christians, Syrian Accountability Act. I believe increase women’s awareness and and non-Wahhabi streams of Islam.’’ the Saudis are a much greater threat knowledge of gynecologic cancers. The The September 13, 2003 issue of Time to U.S. interests than the Syrians and campaign will maintain and distribute Magazine reported eighth and ninth there ought to be a very firm approach a supply of written materials that pro- grade Saudi textbooks which read to our relationship with the Saudi Gov- vide information to the public about ‘‘that Allah cursed Jews and Christians ernment. The 9/11 Commission rec- gynecologic cancers. Further, the pro- and turned some of them into apes and ommended that the problems in our bi- gram will develop public service an- pigs . . . and that Judgment Day will lateral relationship with Saudi Arabia nouncements encouraging women to must be confronted openly—this legis- not come until the Muslims fight the discuss their risks for gynecologic can- lation takes a step in that direction. Jews and kill them.’’ cers with their physicians, and inform Time also, found that ‘‘many of the By Mr. SPECTER (for himself, the public about the availability of Taliban, who went on to rule much of Mr. HARKIN, Mrs. CLINTON, Mr. written materials and how to obtain Afghanistan, were educated in Saudi-fi- OBAMA, and Mrs. BOXER): them. The projected cost of the aware- nanced madaris in Pakistan.’’ In the S. 1172. A bill to provide for programs ness campaign is $5 million per year September 2003 issue of Time Maga- to increase the awareness and knowl- from 2006–2008, totaling $15 million. zine, a former Saudi diplomat, Moham- edge of women and health care pro- The educational outreach campaign med al-Khilewi, stated that ‘‘the Saudi viders with respect to gynecologic can- will be carried out through demonstra- government spends billions of dollars cers; to the Committee on Health, Edu- tion grants through HHS. These dem- to establish cultural centers in the cation, Labor, and Pensions. onstration grants will go to local and U.S. and all over the world’’ and that Mr. SPECTER. Mr. President, I have national non-profits to test different they ‘‘use these centers to recruit indi- sought recognition today to introduce outreach and education strategies, in- viduals and to establish extreme orga- The Gynecological Cancer Education cluding those directed at providers, nizations.’’ It is no surprise that it is and Awareness Act of 2005 also known women, and their families. Groups with from these fertile grounds that fifteen as Johanna’s Law. demonstrated expertise in gynecologic of the nineteen 9/11 hijackers were born Every year, over 80,000 women in the cancer education, treatment, or in and radicalized. United States are newly diagnosed working with groups of women who are To be successful in the global war on with some form of gynecologic cancer at especially high risk will be given terrorism we need the proactive and such as ovarian, uterine, or cervical priority. Grant funding recipients will full cooperation of all nations—espe- cancer. In 2005, 29,000 American women also be asked to work in cooperation cially those who consider themselves are expected to die from these cancers. with health providers, hospitals, and allies of the United States. Early detection of these cancers state health departments. The pro- The Saudi Government must provide must be improved to decrease this jected cost of the educational outreach complete, unrestricted and unob- tragic loss of life. Unfortunately, thou- campaign is $10 million per year from structed cooperation to the United sands of women in the U.S. each year 2006–2008, totaling $30 million. States in the investigation of terrorist aren’t diagnosed until their cancers This legislation was brought to my organizations and individuals. This bill have progressed to more advanced and attention by my friend Fran Drescher, directs the President to certify to Con- far less treatable stages. In the case of who was diagnosed with uterine cancer gress that the Government of Saudi ovarian cancer, which kills more in 2000 and whose diagnosis was also Arabia is fully cooperating with the women in the U.S. than all other delayed due to her lack of knowledge United States in investigating and pre- gynecologic cancers combined, 70 per- about symptoms of this disease. She venting terrorist attacks, has closed cent of all new diagnoses take place has recovered from uterine cancer and permanently all Saudi-based terror or- after this cancer has progressed beyond is advocating on behalf of gyneco- ganizations, has ended funding for any its earliest and most survivable stage. logical cancer awareness. She also offshore terrorist organization, and has Women are often diagnosed many brought to my attention one of the made all efforts to block funding from months, sometimes more than a year many victims of gynecological cancers

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 11670 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 June 6, 2005 Johanna Silver Gordon, after whom SECTION 1. SHORT TITLE. (A) summarizes the activities of dem- this bill is named, who was diagnosed This Act may be cited as the ‘‘Gynecologic onstration projects under paragraph (1); at an advanced stage of ovarian cancer. Cancer Education and Awareness Act of (B) evaluates the extent to which the Johanna, the daughter and sister of 2005’’ or ‘‘Johanna’s Law’’. projects were effective in increasing early detection of gynecologic cancers and aware- physicians, was extremely health con- SEC. 2. CERTAIN PROGRAMS REGARDING GYNECOLOGIC CANCERS. ness of risk factors and early warning signs scious taking the appropriate measures (a) NATIONAL PUBLIC AWARENESS CAM- in the populations to which the projects were to maintain a healthy lifestyle includ- PAIGN.— directed; and ing exercising regularly, eating nutri- (1) IN GENERAL.—The Secretary of Health (C) identifies barriers to early detection tiously, and receiving annual Pap and Human Services (referred to in this sec- and appropriate treatment of such cancers. smears and pelvic exams. Johanna tion as the ‘‘Secretary’’) shall carry out a (c) FUNDING.— however did not have the information national campaign to increase the awareness (1) NATIONAL PUBLIC AWARENESS CAM- to know that the gastric symptoms she and knowledge of women with respect to PAIGN.—For the purpose of carrying out subsection (a), there is authorized to be appro- experienced in the fall of 1996 were gynecologic cancers. (2) WRITTEN MATERIALS.—Activities under priated in the aggregate $15,000,000 for the common symptoms of ovarian cancer. the national campaign under paragraph (1) fiscal years 2006 through 2008. She didn’t learn these crucial facts shall include— (2) DEMONSTRATION PROJECTS REGARDING until after she was diagnosed at an ad- (A) maintaining a supply of written mate- OUTREACH AND EDUCATION STRATEGIES.— vanced stage of this cancer. Despite ag- rials that provide information to the public (A) AUTHORIZATION OF APPROPRIATIONS.— gressive treatment that included four on gynecologic cancers; and For the purpose of carrying out subsection surgeries, various types of chemo- (B) distributing the materials to members (b), there is authorized to be appropriated in therapy, and participation in two clin- of the public upon request. the aggregate $30,000,000 for the fiscal years 2006 through 2008. ical trials, Johanna died from ovarian (3) PUBLIC SERVICE ANNOUNCEMENTS.—Ac- tivities under the national campaign under (B) ADMINISTRATION, TECHNICAL ASSIST- 1 cancer 3 ⁄2 years after being diagnosed. paragraph (1) shall, in accordance with appli- ANCE, AND EVALUATION.—Of the amounts ap- Johanna is survived by her sister cable law and regulations, include devel- propriated under subparagraph (A), not more Sheryl Silver who has tirelessly oping and placing, in telecommunications than 9 percent may be expended for the pur- worked to increase the information media, public service announcements in- pose of administering subsection (b), pro- available regarding gynecological can- tended to encourage women to discuss with viding technical assistance to grantees under cers. their physicians their risks of gynecologic such subsection, and preparing the report As Chairman of the Labor, Health cancers. Such announcement shall inform under paragraph (5) of such subsection. and Human Services, and Education the public on the manner in which the writ- Mr. OBAMA. Mr. President, I am ten materials referred to in paragraph (2) can pleased to join my colleagues Senators Appropriations Subcommittee, I led, be obtained upon request, and shall call at- SPECTER and HARKIN to introduce The along with Senator Harkin, the effort tention to early warning signs and risk fac- to double funding for the National In- tors based on the best available medical in- Gynecological Cancer Education and stitutes of Health (NIH) over five formation. Awareness Act of 2005, also known as years. Funding for the NIH has in- (b) DEMONSTRATION PROJECTS REGARDING Johanna’s Law. This important legisla- creased from $11.3 billion in fiscal year OUTREACH AND EDUCATION STRATEGIES.— tion authorizes a national gynecologic 1995 to $28.5 billion in fiscal year 2005. (1) IN GENERAL.—The Secretary shall carry cancer early detection and awareness In 2004, the NIH, through the National out a program to make grants to nonprofit campaign for women and their pro- private entities for the purpose of testing viders. This bill is named in honor of Cancer Institute provided $212.5 million different outreach and education strategies for gynecological cancer research. Fur- to increase the awareness and knowledge of Johanna Silver Gordon who died from ther, the Centers for Disease Control women and health care providers with re- ovarian cancer and whose sister, and Prevention’s National Breast and spect to gynecologic cancers, including early Sheryl Silver, founded Johanna’s Law Cervical Cancer Early Detection Pro- warning signs and treatment options. Such Alliance for Women’s Cancer Aware- gram (NBCCEDP) provided $209 million strategies shall include strategies directed ness. We thank Ms. Silver for her cour- in fiscal year 2005 for breast and gyne- at physicians, nurses, and key health profes- age and her persistent efforts to turn cological cancer screening and diag- sionals and families. her sister’s tragedy into a crusade to (2) PREFERENCES IN MAKING GRANTS.—In raise awareness and prevent needless nostic services, including: pap tests, making grants under paragraph (1), the Sec- surgical consultation, and diagnostic retary shall give preference— suffering and death from gynecologic testing for women whose screening out- (A) to applicants with demonstrated exper- cancers for other women. come is abnormal. To date, the Pro- tise in gynecologic cancer education or Nearly 80,000 American women are di- gram has screened more than 2.1 mil- treatment or in working with groups of agnosed with gynecologic cancers each lion women, provided more than 5 mil- women who are at especially high risk of year. Tragically, 29,000 of them die lion screening exams, and diagnosed gynecologic cancers; and from this disease. We know that early 66,295 pre-cancerous cervical lesions (B) to applicants that, in the demonstra- detection is the key to successful tion project under the grant, will establish and 1,262 invasive cervical cancers. We treatment of all gynecologic cancers, linkages between physicians, nurses, and key and we have made great strides at re- must continue these efforts to do more health professionals, hospitals, payers, and to provide information about gyneco- State health departments. ducing rates of cervical cancer with logical cancer to physicians and those (3) APPLICATION FOR GRANT.—A grant may wide-spread use of Pap screening tests. most at risk. be made under paragraph (1) only if an appli- Yet, we have not been able to replicate I believe this bill can provide des- cation for the grant is submitted to the Sec- this success with uterine cancer and perately needed information to physi- retary and the application is in such form, is ovarian cancer, for which effective and cians and individuals so that women made in such manner, and contains such general screening methods do not exist. agreements, assurances, and information as can be diagnosed faster and more effec- For ovarian cancer, which is the dead- the Secretary determines to be necessary to liest of the gynecologic cancers, in ad- tively. I urge my colleagues to work carry out this subsection. with Senator Harkin and me to move (4) CERTAIN REQUIREMENTS.—In making dition to lack of screening tests, doc- this legislation forward promptly. grants under paragraph (1)— tors and researchers have not identi- I ask unanimous consent that the (A) the Secretary shall make grants to not fied effective diagnostic and treat- text of the bill be printed in the fewer than five applicants, subject to the ex- ments. Seventy percent of all new diag- RECORD. tent of amounts made available in appropria- noses of ovarian cancer take place There being no objection, the bill was tions Acts; and after this cancer has progressed beyond (B) the Secretary shall ensure that infor- ordered to be printed in the RECORD, as its earliest and most survivable stage. mation provided through demonstration Given these challenges, knowing the follows: projects under such grants is consistent with S. 1172 the best available medical information. symptoms of gynecologic cancers, Be it enacted by the Senate and House of Rep- (5) REPORT TO CONGRESS.—Not later than which can mimic GI illnesses, meno- resentatives of the United States of America in February 1, 2009, the Secretary shall submit pause or perimenopause, is key to early Congress assembled, to the Congress a report that— diagnosis. The 5–year survival rates for

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 June 6, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 11671 the most common gynecologic cancers Whereas the summer season, traditionally System certain sites in Williamson are 90 percent when diagnosed early, a time of increased unintentional-injury fa- County, Tennessee, relating to the Bat- but drop to 50 percent for cancers diag- talities, is an appropriate time to focus at- tle of Franklin. nosed later. tention on both the problem and the solution Because of the limited time available Johanna’s Law will promote early de- to such safety and health threats; and Whereas the theme of ‘‘National Safety for the hearing, witnesses may testify tection and awareness through a Na- Month’’ for 2005 is ‘‘Safety: Where We Live, by invitation only. However, those tional Public Awareness Campaign con- Work, and Play’’: Now, therefore, be it wishing to submit written testimony ducted by the Department of Health Resolved, That the Senate— for the hearing record should send two and Human Services. Women will be (1) designates June 2005 as ‘‘National Safe- copies of their testimony to the Com- given written materials that provide ty Month’’; and mittee on Energy and Natural Re- information about gynecologic cancers, (2) recognizes the accomplishments of the sources, United States Senate, SD–364 and Public Service Announcements National Safety Council and calls upon the Dirksen Senate Office Building, Wash- will be developed to encourage women people of the United States to observe the month with appropriate ceremonies and re- ington, D.C. 20510–6150. to talk to their doctors about spect. For further information, please con- gynecologic cancer. The Department tact Tom Lillie at (202) 224–5161 or will also give grants for demonstration f Brian Carlstrom at (202) 224–6293. projects to local and national non-prof- AMENDMENTS SUBMITTED AND f it organizations to identify the best PROPOSED ways to reach and educate women MEASURE PLACED ON THE SA 765. Mr. FRIST (for Ms. SNOWE) pro- CALENDAR—H.R. 810 about these cancers, particularly those posed an amendment to the resolution S. women who are high risk. Res. 149, honoring the life and contributions Mr. FRIST. I understand there is a Johanna’s Law will make sure that of His Eminence, Archbishop Iakovos, former bill at the desk due a second reading. women and doctors get the information archbishop of the Greek Orthodox Arch- The PRESIDING OFFICER. The they need to help them recognize early diocese of North and South America. clerk will report. symptoms of gynecologic cancers, so f The legislative clerk read as follows: that women can be diagnosed and A bill (H.R. 810) to amend the Public treated earlier when their cancers are TEXT OF AMENDMENTS Health Service Act to provide for human em- treatable. I urge my colleagues to work SA 765. Mr. FRIST (for Ms. SNOWE) bryonic stem cell research. to move this legislation forward proposed an amendment to the resolu- Mr. FRIST. In order to place the bill promptly. tion S. Res. 149, honoring the life and on the calendar under the provisions f contributions of His Eminence, Arch- rule XIV, I object to further pro- bishop Iakovos, former archibishop of SUBMITTED RESOLUTIONS ceeding. the Greek Orthodox Archdiocese of The PRESIDING OFFICER. The ob- North and South America; as follows: jection is heard. The bill will be placed SENATE RESOLUTION 160—DESIG- In the last whereas clause of the preamble, on the calendar on the next legislative NATING JUNE 2005 AS ‘‘NATIONAL strike ‘‘at the Holy Trinity Cathedral in New day. York, New York’’ and insert ‘‘at the Holy SAFETY MONTH’’ f Cross Greek Orthodox School of Theology in Mr. DEWINE (for himself, Mrs. FEIN- Brookline, Massachusetts’’. HONORING HIS EMINENCE, STEIN, Mr. COCHRAN, Mrs. DOLE, Ms. f ARCHBISHOP IAKOVOS LANDRIEU, Ms. MURKOWSKI, and Mr. Mr. FRIST. I ask unanimous consent LUGAR) submitted the following resolu- NOTICES OF HEARINGS/MEETINGS tion; which was considered and agreed the Judiciary Committee be discharged SUBCOMMITTEE ON NATIONAL PARKS to: from further consideration and the Mr. THOMAS. Mr. President, I would Senate now proceed to S. Res. 149. S. RES. 160 like to announce for the information of The PRESIDING OFFICER. Without Whereas the mission of the National Safe- the Senate and the public that the fol- objection, it is so ordered. The clerk ty Council is to educate and influence soci- lowing hearing has been scheduled be- ety to adopt safety, health, and environ- will report the resolution by title. mental policies, practices, and procedures fore the Subcommittee on National The legislative clerk read as follows: that prevent and mitigate human suffering Parks of the Committee on Energy and A resolution (S. Res. 149) honoring the life and economic losses arising from prevent- Natural Resources: and contributions of His Eminence, Arch- able causes; The hearing will be held on Tuesday, bishop Iakovos, former archbishop of the Whereas the National Safety Council June 14th 2005, at 10:00 a.m. in room Greek Orthodox Archdiocese of North and works to protect lives and promote health SD–366 of the Dirksen Senate Office South America. with innovative programs; Building in Washington, D.C. There being no objection, the Senate Whereas the National Safety Council, The purpose of the hearing is to re- proceeded to consider the resolution. founded in 1913, is celebrating its 92nd anniversary in 2005 as the premier source of safe- ceive testimony on the following bills: Mr. FRIST. I ask unanimous consent ty and health information, education, and S. 206, a bill to designate the Ice Age the resolution be agreed to, the amend- training in the United States; Floods National Geologic Trail, and for ment to the preamble be agreed to, the Whereas the National Safety Council was other purposes; S. 556, a bill to direct preamble, as amended, be agreed to, congressionally chartered in 1953, and is cele- the Secretary of the Interior and the and the motion to reconsider be laid brating its 52nd anniversary in 2005 as a con- Secretary of Agriculture to jointly upon the table. gressionally chartered organization; conduct a study of certain land adja- The PRESIDING OFFICER. Without Whereas even with advancements in safety cent to the Walnut Canyon National objection, it is so ordered. that create a safer environment for the people of the United States, such as new legisla- Monument in the State of Arizona; S. The resolution (S. Res. 149) was tion and improvements in technology, the 588, a bill to amend the National Trails agreed to. unintentional-injury death toll is still unac- System Act to direct the Secretary of The amendment (No. 765) was agreed ceptable; the Interior and the Secretary of Agri- to, as follows: Whereas the National Safety Council has culture to jointly conduct a study on AMENDMENT NO. 765 demonstrated leadership in educating the the feasibility of designating the Ari- In the last whereas clause of the preamble, Nation in the prevention of injuries and zona Trail as a national scenic trail or strike ‘‘at the Holy Trinity Cathedral in New deaths to senior citizens as a result of falls; a national historic trail; and S. 955, a York, New York’’ and insert ‘‘at the Holy Whereas citizens deserve a solution to na- Cross Greek Orthodox School of Theology in tionwide safety and health threats; bill to direct the Secretary of the Inte- Brookline, Massachusetts’’. Whereas such a solution requires the co- rior to conduct a special resource study operation of all levels of government, as well to determine the suitability and feasi- The preamble, as amended, was as the general public; bility of including in the National Park agreed to.

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 11672 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 June 6, 2005 The resolution, with its preamble, Whereas in 1959, shortly after being named NATIONAL SAFETY MONTH reads as follows: archbishop, Archbishop Iakovos held a his- Mr. FRIST. I ask unanimous consent toric meeting with Pope John XXIII, becom- the Senate now proceed to the consid- S. RES. 149 ing the first Greek Orthodox Archbishop to eration of S. Res. 160 which was sub- Honoring the life and contributions of His meet with a Roman Catholic Pope in 350 Eminence, Archbishop Iakovos, former arch- years; mitted earlier today. bishop of the Greek Orthodox Archdiocese of Whereas Archbishop Iakovos was a dy- The PRESIDING OFFICER. The North and South America. namic participant in the contemporary ecu- clerk will report the resolution by Whereas His Eminence, Archbishop menical movement for Christian unity, serv- title. Iakovos, former archbishop of the Greek Or- ing for nine years as President of the World The legislative clerk read as follows: thodox Archdiocese of North and South Council of Churches and piloting Inter-Or- A resolution (S. Res. 160) designating June America and spiritual leader of Greek Ortho- thodox, Inter-Christian, and Inter-Religious 2005 as ‘‘National Safety Month.’’ dox Christians in the Western Hemisphere There being no objection, the Senate from 1959 to 1996, passed away at the age of dialogues; 93 on April 10, 2005, in Stamford, Con- Whereas Archbishop Iakovos vigorously proceeded to consider the resolution. necticut; supported the passage of the Civil Rights Act Mr. FRIST. I ask unanimous consent Whereas, when Archbishop Iakovos retired of 1964, and had the courage to walk hand in the resolution be agreed to, the pre- at the age of 85 on July 29, 1996, the Arch- hand with Dr. Martin Luther King, Jr. in amble be agreed to, and the motion to bishop had given 37 years of outstanding Selma, Alabama, a historic moment for reconsider be laid upon the table service that were distinguished by his leader- America that was captured on the cover of The PRESIDING OFFICER. Without ship in furthering religious unity, revital- LIFE Magazine on March 26, 1965; objection, it is so ordered. izing Christian worship, and championing Whereas Archbishop Iakovos spoke out The resolution (S. Res. 160) was human and civil rights; forcefully against violations of human rights agreed to. Whereas Archbishop Iakovos was born and religious freedom and, in 1974, undertook The preamble was agreed to. Demetrios A. Coucouzis on the tiny island of a massive campaign to assist Greek Cypriot The resolution, with its preamble, Imbros in the Aegean Sea to Maria and refugees following the invasion of Cyprus by reads as follows: Athanasios Coucouzis on July 29, 1911; Turkish armed forces; S. RES. 160 Whereas Archbishop Iakovos enrolled in Whereas Archbishop Iakovos was a recipi- the Ecumenical Patriarchal Theological Whereas the mission of the National Safe- ent of the Presidential Medal of Freedom, ty Council is to educate and influence soci- School at Halki at the age of 15; the Nation’s highest civilian honor, which Whereas, after graduating with high hon- ety to adopt safety, health, and environ- was bestowed on him by President Carter on ors from Halki, Archbishop Iakovos was or- mental policies, practices, and procedures June 9, 1980; dained deacon in 1934, taking the ecclesias- that prevent and mitigate human suffering Whereas in 1986, Archbishop Iakovos was tical name Iakovos; and economic losses arising from prevent- Whereas 5 years after his ordination, Arch- awarded the Ellis Island Medal of Honor and able causes; bishop Iakovos received an invitation to was cited by the Academy of Athens, the Na- Whereas the National Safety Council serve as archdeacon to the late Archbishop tional Conference of Christians and Jews, works to protect lives and promote health Athenagoras, the primate of North and and the Appeal of Conscience; with innovative programs; South America, who later became Ecumeni- Whereas Archbishop Iakovos, during his Whereas the National Safety Council, cal Patriarch of Constantinople; stewardship of the Greek Orthodox Church in founded in 1913, is celebrating its 92nd anni- Whereas in 1940, Archbishop Iakovos was America, became an imposing religious fig- versary in 2005 as the premier source of safe- ordained to the priesthood in Lowell, Massa- ure and a champion of social causes, encour- ty and health information, education, and chusetts, beginning his service at St. George aging the faithful to become involved in all training in the United States; Church in Hartford, Connecticut, while aspects of American life; Whereas the National Safety Council was congressionally chartered in 1953, and is cele- teaching and serving as assistant dean of the Whereas Archbishop Iakovos was a friend brating its 52nd anniversary in 2005 as a con- Holy Cross Greek Orthodox Theological to nine Presidents, and to religious and po- gressionally chartered organization; School, then in Pomfret, Connecticut, and litical leaders worldwide, receiving honorary now in Brookline, Massachusetts; Whereas even with advancements in safety degrees from some 40 colleges and univer- that create a safer environment for the peo- Whereas in 1941, Archbishop Iakovos was sities; named preacher at Holy Trinity Cathedral in ple of the United States, such as new legisla- Whereas Archbishop Iakovos presented a tion and improvements in technology, the New York City, and in the summer of 1942 prayer at Presidential inaugural ceremonies served as temporary dean of St. Nicholas unintentional-injury death toll is still unac- in 1961, 1965, 1969, and 1973; Church in St. Louis, Missouri; ceptable; Whereas the Archbishop has said of his Whereas Archbishop Iakovos was appointed Whereas the National Safety Council has pastoral work with immigrants in New Eng- dean of the Annunciation Greek Orthodox demonstrated leadership in educating the Cathedral in Boston, Massachusetts, in 1942, land and New York, ‘‘I lived and struggled Nation in the prevention of injuries and and remained there until 1954; with them to maintain the faith and cul- deaths to senior citizens as a result of falls; Whereas in 1945, Archbishop Iakovos ture.’’; Whereas citizens deserve a solution to na- earned a Master of Sacred Theology Degree Whereas in a 1995 interview, the Arch- tionwide safety and health threats; from Harvard University; bishop said he had accomplished a major Whereas such a solution requires the co- Whereas Archbishop Iakovos became a goal ‘‘to have the Orthodox Church be ac- operation of all levels of government, as well United States citizen in 1950; cepted by the family of religions in the as the general public; Whereas in 1954, Archbishop Iakovos was United States’’; and Whereas the summer season, traditionally ordained Bishop of Melita by his spiritual fa- Whereas Archbishop Iakovos was interred a time of increased unintentional-injury father and mentor, Ecumenical Patriarch at the Holy Cross Greek Orthodox School of talities, is an appropriate time to focus at- Athenagoras, for whom he served four years Theology in Brookline, Massachusetts, on tention on both the problem and the solution as personal representative of the Patri- April 15, 2005: Now, therefore, be it to such safety and health threats; and archate to the World Council of Churches in Whereas the theme of ‘‘National Safety Resolved, That the Senate— Geneva; Month’’ for 2005 is ‘‘Safety: Where We Live, (1) mourns the loss of Archbishop Iakovos Whereas on February 14, 1959, the Holy Work, and Play’’: Now, therefore, be it and commends the life the Archbishop led; Resolved, That the Senate— Synod of the Ecumenical Patriarchate elect- (2) thanks Archbishop Iakovos for his serv- (1) designates June 2005 as ‘‘National Safe- ed Archbishop Iakovos to succeed Arch- ty Month’’; and bishop Michael as primate of the Greek Or- ice to the members of his church and to the (2) recognizes the accomplishments of the thodox Church in the Americas; people of this Nation; National Safety Council and calls upon the Whereas Archbishop Iakovos was en- (3) honors Archbishop Iakovos’ commit- people of the United States to observe the throned April 1, 1959, at Holy Trinity Cathe- ment to the principles of equality, human- month with appropriate ceremonies and re- dral in New York City, assuming responsi- ity, and peace; and spect. bility for a jurisdiction that has grown to be (4) recognizes that Archbishop Iakovos was over 500 parishes in the United States alone; a committed and caring pastor to a whole f Whereas the enthronement of Archbishop generation of Greek Americans— ORDERS FOR TUESDAY, JUNE 7, (A) whose hard work, determination, and Iakovos in 1959 ushered in a new era for the 2005 Greek Orthodox Church in America, in which pride in their religious and cultural heritage the Church became part of the mainstream Archbishop Iakovos embodied; and Mr. FRIST. I ask unanimous consent of American religious life; (B) who will dearly miss the Archbishop. that when the Senate completes its

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 June 6, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 11673 business today, it stand in adjourn- COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND THE FOLLOWING NAMED ARMY NATIONAL GUARD OF PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA THE UNITED STATES OFFICERS FOR APPOINTMENT TO ment until 9:45 a.m. Tuesday, June 7. I TO THE KYRGYZ REPUBLIC. THE GRADE INDICATED IN THE RESERVE OF THE ARMY further ask that, following the prayer KATHERINE HUBAY PETERSON, OF CALIFORNIA, A CA- UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: REER MEMBER OF THE SENIOR FOREIGN SERVICE, and pledge, the morning hour be CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR To be colonel EXTRAORDINARY AND PLENIPOTENTIARY OF THE deemed expired, the Journal of pro- MARK W. BRUNS, 0000 UNITED STATES OF AMERICA TO REPUBLIC OF BOT- KEVIN J. GREENWOOD, 0000 ceedings be approved to date, the time SWANA. DONALD O. LAGACE, JR., 0000 for the two leaders be reserved, and the CHARLES A. FORD, OF VIRGINIA, A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF CAREER IN THE NAVY Senate then return to executive session MINISTER, TO BE AMBASSADOR EXTRAORDINARY AND and resume consideration of the nomi- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE REPUBLIC OF HONDURAS. TO THE GRADE INDICATED IN THE UNITED STATES NAVY nation of Janice Rogers Brown to be a JOHN ROSS BEYRLE, OF MICHIGAN, A CAREER MEMBER UNDER TITLE 10, U.S.C., SECTION 624: United States circuit judge for the DC OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND To be captain Circuit. PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA CARL J. CWIKLINSKI, 0000 TO THE REPUBLIC OF BULGARIA. I further ask consent that the time DAVID W. GIRARDIN, 0000 ALAN W. EASTHAM, JR., OF ARKANSAS, A CAREER LAWRENCE P. GREENSLIT, 0000 until 12 noon be equally divided be- MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF JAMES M. HIGHTOWER, 0000 MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- tween the two leaders or their des- JOHN H. LEA III, 0000 DINARY AND PLENIPOTENTIARY OF THE UNITED STATES ROBERT P. MCCLANAHAN, JR., 0000 ignees; provided further that the last 20 OF AMERICA TO THE REPUBLIC OF MALAWI. minutes prior to the vote be divided THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE JUDICIARY with 10 minutes under the control of TO THE GRADE INDICATED IN THE UNITED STATES NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: the Democratic leader or his designee, JOHN R. FISHER, OF THE DISTRICT OF COLUMBIA, TO BE AN ASSOCIATE JUDGE OF THE DISTRICT OF COLUM- To be captain to be followed by 10 minutes under the BIA COURT OF APPEALS FOR THE TERM OF FIFTEEN control of the majority leader or his YEARS, VICE ANNICE M. WAGNER, RETIRED. JOSEPH A. CLEMENTS, 0000 DEPARTMENT OF EDUCATION GREGG E. HARKNESS, 0000 designee. DONALD E. HENDRICK, 0000 The PRESIDING OFFICER. Without HENRY LOUIS JOHNSON, OF MISSISSIPPI, TO BE AS- TIMOTHY W. SIMPSON, 0000 SISTANT SECRETARY FOR ELEMENTARY AND SEC- GAROLD G. ULMER, 0000 objection, it is so ordered. ONDARY EDUCATION, DEPARTMENT OF EDUCATION, VICE RAYMOND SIMON. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT f TO THE GRADE INDICATED IN THE UNITED STATES NAVY IN THE ARMY UNDER TITLE 10, U.S.C., SECTION 624: PROGRAM THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be captain Mr. FRIST. Tomorrow, the Senate IN THE UNITED STATES ARMY TO THE POSITIONS AND GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 3037: JEFFREY T. BOROWY, 0000 will resume consideration of the nomi- EDWARD W. BROWN, 0000 nation of Justice Brown to be a U.S. To be major general and the judge advocate DONALD R. CHANDLER, 0000 general of the United States Army RICHARD D. COOK, 0000 circuit judge for the DC Circuit. At DARRYL K. CREASY, 0000 noon, we will proceed to the cloture MAJ. GEN. SCOTT C. BLACK, 0000 JOHN H. EDWARDS, 0000 PATRICK J. GIBBONS, 0000 vote on the nomination. It is my expec- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MARK R. LIBONATE, 0000 tation that cloture will be invoked and IN THE UNITED STATES ARMY TO THE POSITIONS AND SCOTT R. LISTER, 0000 GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 3037: ROBERT A. MCLEAN III, 0000 we could have an up-or-down vote on To be major general and the assistant judge JOHN D. RICE, 0000 confirmation. GEORGE E. TAYLOR II, 0000 advocate general of the United States Army JEFFREY D. VOLTZ, 0000 As I noted earlier, following the dis- JULIUS C. WASHINGTON, 0000 position of the Brown nomination, we MAJ. GEN. DANIEL V. WRIGHT, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT will move forward immediately with AS THE DEAN OF THE ACADEMIC BOARD, UNITED STATES TO THE GRADE INDICATED IN THE UNITED STATES NAVY the cloture vote on the nomination of MILITARY ACADEMY AND FOR APPOINTMENT TO THE UNDER TITLE 10, U.S.C., SECTION 624: GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 624 William Pryor to be a U.S. circuit AND 4335: To be captain judge for the Eleventh Circuit. Mem- To be brigadier general DIANNE A. ARCHER, 0000 bers should expect votes throughout JEFFREY R. BAQUER, 0000 COL. PATRICK FINNEGAN, 0000 JAMES M. BARNARD, 0000 the week as we consider these and WAYNE J. BERGERON, 0000 other nominations that may proceed THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RONALD L. BLACK, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE DOUGLAS S. BORREBACH, 0000 over the next several days. ARMY UNDER TITLE 10, U.S.C., SECTION 12203: JOHN W. CAMUSO, 0000 f To be colonel RUTH A. CHRISTOPHERSON, 0000 CLAUDE J. COUCOULES, 0000 ADJOURNMENT UNTIL 9:45 A.M. HUMBERTO BUITRAGO, 0000 JEFFREY J. COX, SR., 0000 WILLIAM D. MEEHAN, 0000 EDWARD D. DIGGES, 0000 TOMORROW DALE W. PETERSON, 0000 KAREN FALLON, 0000 PHYLLIS Y. SPIVEY, 0000 MATTHEW S. FEELY, 0000 Mr. FRIST. If there is no further ROBERT A. GOODMAN, 0000 business to come before the Senate, I THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAVID H. HELLMAN, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE JAMES H. HOOVER, 0000 ask unanimous consent that the Sen- ARMY UNDER TITLE 10, U.S.C., SECTION 12203: JEFFREY C. HORTON, 0000 ate stand in adjournment under the To be colonel SIDNEY J. KIM, 0000 JOHN J. LANDRY, 0000 previous order. IRA I. KRONENBERG, 0000 ARTURO A. LOPEZ, 0000 There being no objection, the Senate, MICHAEL K. LUCAS, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOHN R. MCKONE II, 0000 at 5:38 p.m., adjourned until Tuesday, TO THE GRADE INDICATED IN THE RESERVE OF THE AIR MICHAEL B. MCPEAK, 0000 June 7, 2005, at 9:45 a.m. FORCE UNDER TITLE 10, U.S.C., SECTION 12203: RANDALL W. MOORE, 0000 To be colonel ANDREW S. MORGAN, 0000 f DREW K. MULLIN, 0000 GARY P. MAUCK, 0000 JAMES T. PIBURN, 0000 NOMINATIONS ALFREDO E. RACKAUSKAS, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT STEPHEN R. SHAPRO, 0000 Executive nominations received by TO THE GRADE INDICATED IN THE RESERVE OF THE GREGORY F. STROH, 0000 the Senate June 6, 2005: ARMY UNDER TITLE 10, U.S.C., SECTION 12203: DAVID M. WATT, 0000 To be colonel BRIAN L. WENGER, 0000 DEPARTMENT OF THE TREASURY TIMOTHY H. WILKINS, 0000 JEFFERY S. WOLFE, 0000 JOHN M. REICH, OF VIRGINIA, TO BE DIRECTOR OF THE ERIC M. RADFORD, 0000 OFFICE OF THRIFT SUPERVISION FOR A TERM OF FIVE THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT YEARS, VICE JAMES GILLERAN, TERM EXPIRED. THE UNITED STATES OFFICER FOR APPOINTMENT TO TO THE GRADE INDICATED IN THE UNITED STATES NAVY ENVIRONMENTAL PROTECTION AGENCY THE GRADE INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTION 624: UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: MARCUS C. PEACOCK, OF MINNESOTA, TO BE DEPUTY To be captain To be colonel ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION ROBERT B. BLAZEWICK, 0000 AGENCY, VICE STEPHEN L. JOHNSON, RESIGNED. PAUL F. RUSSELL, 0000 LINDA Y. BUNN, 0000 DEPARTMENT OF THE TREASURY BENJAMIN B. CLANCY, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF DARSE E. CRANDALL, 0000 KEVIN I. FROMER, OF VIRGINIA, TO BE A DEPUTY THE UNITED STATES OFFICERS FOR APPOINTMENT TO DEAN L. DWIGANS, 0000 UNDER SECRETARY OF THE TREASURY, VICE JOHN M. THE GRADE INDICATED IN THE RESERVE OF THE ARMY KAREN L. FISCHER-ANDERSON, 0000 DUNCAN. UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: JOHN G. HANNINK, 0000 DEPARTMENT OF STATE To be colonel JENNIFER S. HEROLD, 0000 MARK T. HUNZEKER, 0000 MARIE L. YOVANOVITCH, OF CONNECTICUT, A CAREER PETER D. GUZZETTI, 0000 STACY A. PEDROZO, 0000 MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF TERRY M. LARKIN, 0000 ERIC C. PRICE, 0000

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00039 Fmt 0686 Sfmt 9801 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 11674 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 June 6, 2005

THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LAFRANCIS D. FRANCIS, 0000 ELIZABETH M. PRINTUP, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY ARTHUR J. GIGUERE, 0000 PATRICIA M. REISDORFER, 0000 UNDER TITLE 10, U.S.C., SECTION 624: DENISE A. JOHNSON, 0000 MARY R. ROGERS, 0000 MARY D. KEENAN, 0000 BELINDA C. SHAUVER, 0000 To be captain GUTSHALL M. K. KENNEY, 0000 RACHEL E. SMITH, 0000 WILLIAM J. ADAMS, JR., 0000 KARIN E. LUNDGREN, 0000 LINDA J. TIEASKIE, 0000 WILLIAM H. BLANCHE, 0000 K. NIEMANTSVERDRIETMCDONALD, 0000 RONALD L. OLSON, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT VALMORI M. CASTILLO, 0000 ANN E. RAEL, 0000 TO THE GRADE INDICATED IN THE UNITED STATES KENNETH A. COLE, 0000 LISA H. RAIMONDO, 0000 NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: STANTON E. COPE, JR., 0000 JOHN A. ROTHACKER III, 0000 VINCENT DEINNOCENTIIS, 0000 To be captain KAREN L. SALOMON, 0000 PAUL M. DESIMONE, 0000 SUSANNE M. SANDERS, 0000 RONALD F. DODGE, 0000 MAUREEN E. CARROLL, 0000 BONNY C. SCHOFIELD, 0000 BENJAMIN G. M. FERIL, 0000 ROBERT M. ELWELL, 0000 DONNA J. STAFFORD, 0000 MICHAEL L. FINCH, 0000 PAUL M. GARVIN, 0000 ELIZABETH A. SWATZELL, 0000 KATHY F. GOLDBERG, 0000 NANCY N. GAWRYSZEWSKI, 0000 LAURIE L. WILLIAMSON, 0000 DENISE M. GRAHAM, 0000 ROSS L. LEUNING, 0000 DANIEL R. LUTZ, 0000 DONALD D. HAGEN, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ROBERT D. NELSON, 0000 LEESA J. B. KENT, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY WILLIAM J. PINAMONT, 0000 RUPERT F. LINDO, 0000 UNDER TITLE 10, U.S.C., SECTION 624: JOHN L. MARTIN, JR., 0000 SHEILA E. SCHAEFER, 0000 WILLIAM P. MCCORMACK, 0000 To be lieutenant commander EDWARD G. SMITH, 0000 REGINALD B. MCNEIL, 0000 WILLIAM A. VANBLARCUM, 0000 JEFFREY D. WEITZ, 0000 THOMAS G. MIHARA, 0000 JACOB R. WALKER, 0000 VICTORIA L. MUNDT, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BEVERLY J. PETTIT, 0000 TO THE GRADE INDICATED IN THE UNITED STATES TO THE GRADE INDICATED IN THE UNITED STATES MARK A. RICHERSON, 0000 NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: EFREN S. SAENZ, 0000 MORGAN T. SAMMONS, 0000 To be captain To be captain CATHERINE A. SIMPSON, 0000 JOHN G. DILLENDER, 0000 THOMAS L. AMERSON, 0000 RANDALL A. SLATER, 0000 DIANE L. SNYDER, 0000 EUGENE F. SMALLWOOD, JR., 0000 CLOYD R. BEERS, 0000 STEPHEN B. SYMONDS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RICHARD M. CADLE, 0000 KEITH A. SYRING, 0000 TO THE GRADE INDICATED IN THE UNITED STATES STEPHEN G. FITZGERALD, 0000 GARY TABACH, 0000 NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: JOHN H. HOELSCHER, 0000 CRAIG M. HOWARD, 0000 CLARENCE THOMAS, JR., 0000 To be captain JAMES A. THRALLS, 0000 DONALD A. JOHNSON, 0000 BERYSE D. JONES, 0000 DAVID W. TOMLINSON, 0000 JANE D. BINGHAM, 0000 PATRICIA J. KILLEA, 0000 AMILCAR VILLANUEVA, 0000 FRANCIS D. BONADONNA, 0000 JOHN F. KUHLENKAMP, 0000 STEVEN J. WINTER, 0000 WILLIAM R. HOOD, 0000 AMY D. LINDBERG, 0000 STEVEN R. MORGAN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES R. MILLER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MAUREEN C. OLSON, 0000 UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE UNITED STATES ROBERT S. PALERMO, 0000 To be captain NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: ANN L. SALYERCALDWELL, 0000 To be captain MARK H. SCOONES, 0000 GREGORY S. BLASCHKE, 0000 SCOTT A. SHAPPELL, 0000 PETER C. BONDY, 0000 GREGORY F. BECHT, 0000 WILLIAM C. SUITER, 0000 DOUGLAS F. BREWSTER, 0000 DAVID J. BENNETT, 0000 THOMAS J. VAGNINI, 0000 KENNETH J. BRINSKO, 0000 ALTHEA H. COETZEE, 0000 KENNETH E. WAVELL, 0000 ROBERT H. BUCKLEY, 0000 FRANK J. CRESPO, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN B. BURGESS, JR., 0000 THOMAS B. DALPINI, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARDEN CHAN, 0000 ROBERT L. DODSON, 0000 NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: JAMES J. CHUN, 0000 CHARLES R. DOLAN, 0000 CHARLES A. CICCONE, 0000 LOCKWOOD R. EDDY, 0000 To be captain JEFFREY B. COLE, 0000 KEITH S. FORMAN, 0000 KENNETH A. CONRAD, 0000 ROBERT P. FREY, 0000 BRIAN D. HODGSON, 0000 MIGUEL A. CUBANO, 0000 TODD FRIEDLANDER, 0000 DAVID E. LUNA, JR., 0000 KENNETH C. EARHART, 0000 MICHAEL S. FUGATE, 0000 JC SHIRLEY, JR., 0000 ANDREW L. FINDLEY, JR., 0000 GUY D. FULLEN, 0000 POMAY TSOI, 0000 EDWARD W. HESSEL, 0000 STEPHEN I. GENTRY, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MOORE H. JAN, 0000 OSCAR B. GIRON, 0000 TO THE GRADE INDICATED IN THE UNITED STATES TIMOTHY R. KENNEDY, 0000 RUSSELL K. HUGHES, 0000 NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: THOMAS J. MARSHALL, JR., 0000 KENDA C. JAMES, 0000 GRETCHEN A. MEYER, 0000 CHARLES L. JOHNSON, 0000 To be captain THOMAS K. MOORE, 0000 GREGORY R. JOHNSON, 0000 YVES NEPOMUCENO, 0000 KEITH M. JONES, 0000 GREGORY L. BELCHER, 0000 FRANCIS X. OCONNOR, 0000 STEPHEN A. LEBLANC, 0000 JOHN M. DAWSON, 0000 CYNTHIA B. PICCIRILLI, 0000 LANCE R. MAURO, 0000 MARK A. DESJARDINS, 0000 DOMINICK A. RASCONA, 0000 MARCUS R. MCCANCE, 0000 ANDREW G. EICHLER, 0000 JAMES V. RITCHIE, 0000 THOMAS A. MCGRATH, 0000 HOWARD J. ELIASON, 0000 RICHARD L. SCHROFF, 0000 TRACEY E. MURDOCK, 0000 CHARLES J. GBUR, 0000 STERLING S. SHERMAN, 0000 SHARON L. MURRAY, 0000 ANTHONY M. GRIECO, 0000 BRIAN D. SMULLEN, 0000 THOMAS L. PETERSON, JR., 0000 ANTHONY M. GRIFFAY, 0000 MICHAEL A. THOMPSON, 0000 ANNEMARIE M. PICK, 0000 DELBERT W. HAM, 0000 JEFFREY W. TIMBY, 0000 TERRY G. RIVENBARK, 0000 RICHARD J. HAMILTON, 0000 SANDRA S. TOMITA, 0000 MARK H. ROBINSON, 0000 DONGYEON P. HAN, 0000 DAVID G. WRIGHT, 0000 MICHAEL B. WIKSTROM, 0000 MICHAEL HAUK, 0000 DOUGLAS W. YOUNG, 0000 CYNTHIA L. HEINS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL L. ZABEL, 0000 DAVID M. KUSHNER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY TODD W. MCCUNE, 0000 UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MATTHEW A. MCQUEEN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES CARY H. MEYERS, 0000 To be captain NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: BRYAN D. MILLER, 0000 IOANA BETTIOS, 0000 To be captain CURTIS OLLAYOS, 0000 CARRIE L. BURGER, 0000 BRIAN S. PECHA, 0000 SCOTT W. COLBURN, 0000 DEANA L. ABERNATHEY, 0000 BARRY A. RIDDLE, 0000 KEVIN F. FLYNN, 0000 ALTHEA E. ALBRITTON, 0000 DANIEL H. SERRATO, 0000 SANGSOO J. GRZESIK, 0000 BRENDA J. ANDERSON, 0000 GLENN F. THIBAULT, 0000 DAVID M. HARMATZ, 0000 MARY S. BLOSE, 0000 ALAN D. TONG, 0000 KEVIN T. KALANTA, 0000 DEBRA S. BRAUCHLER, 0000 WAYNE M. WEISS, 0000 JOSEPH W. KARITIS, 0000 ERIN M. BREWER, 0000 NICHOLAS MAZZEO, 0000 FRANCESCA P. CARIELLO, 0000 f CRAIG M. NEITZKE, 0000 DEBORAH A. CASDORPH, 0000 LINDA K. NESBIT, 0000 JOANN M. CRITELLI, 0000 WITHDRAWAL GENE A. VANDERVORT, 0000 JOHN M. EADS, 0000 MICHAEL J. WOLFGANG, 0000 NANCY H. FRASER, 0000 Executive message transmitted by PATRICIA J. HAGAN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SAMUEL R. HJORT, 0000 the President to the Senate on June 6, TO THE GRADE INDICATED IN THE UNITED STATES NAVY TIMOTHY W. HOWELL, 0000 2005 withdrawing from further Senate UNDER TITLE 10, U.S.C., SECTION 624: THERESA L. KAISER, 0000 To be captain SUSAN B. KEITHLEY, 0000 consideration the following nomina- CHRISTINE B. LENOIR, 0000 tion: LINNEA M. AXMAN, 0000 DIANE K. MATTERN, 0000 MARK N. COPENHAVER, 0000 DAPHNE S. MATTHEWS, 0000 JOHN M. REICH, OF VIRGINIA, TO BE DIRECTOR OF THE CAROLINE V. DELIZO, 0000 JUDITH J. MILLER, 0000 OFFICE OF THRIFT SUPERVISION FOR A TERM EXPIRING SUSAN E. DIONNE, 0000 ANN M. MOTT, 0000 OCTOBER 23, 2007, WHICH WAS SENT TO THE SENATE ON KAREN A. DIRENZO, 0000 NANCY A. ORR, 0000 MAY 25, 2005.

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00040 Fmt 0686 Sfmt 9801 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 June 6, 2005 EXTENSIONS OF REMARKS, Vol. 151, Pt. 8 11675 EXTENSIONS OF REMARKS

SENATE COMMITTEE MEETINGS 10:30 a.m. era, focusing on current challenges Foreign Relations that confront American manufactur- Title IV of Senate Resolution 4, To hold hearings to examine the nomina- ers, how manufacturers have responded agreed to by the Senate on February 4, tion of Zalmay Khalilzad, of Maryland, to these challenges, discuss how recent 1977, calls for establishment of a sys- to be Ambassador to Iraq. technological innovations have im- tem for a computerized schedule of all SD–419 pacted the manufacturing industry, meetings and hearings of Senate com- 2 p.m. and explore what government should mittees, subcommittees, joint commit- Commission on Security and Cooperation do to help American manufacturers re- tees, and committees of conference. in Europe main competitive in today’s global This title requires all such committees To hold hearings to examine the problem economy. to notify the Office of the Senate Daily of human trafficking of American citi- SR–253 zens in the United States. 9:50 a.m. Digest—designated by the Rules Com- 2237 RHOB Health, Education, Labor, and Pensions mittee—of the time, place, and purpose 2:30 p.m. Business meeting to consider pending of the meetings, when scheduled, and Foreign Relations nominations. any cancellations or changes in the East Asian and Pacific Affairs Sub- SD–430 meetings as they occur. committee 10 a.m. As an additional procedure along To hold hearings to examine the emer- Finance with the computerization of this infor- gence of China throughout Asia relat- To hold hearings to examine proposals to mation, the Office of the Senate Daily ing to security and economic con- reform the tax code relating to land Digest will prepare this information for sequences for the U.S. conservation. printing in the Extensions of Remarks SD–419 SD–628 Judiciary 2 p.m. section of the CONGRESSIONAL RECORD Immigration, Border Security and Citizen- Aging on Monday and Wednesday of each ship Subcommittee To hold hearings to examine exploring week. Terrorism, Technology and Homeland Se- the promise of embryonic stem cell re- Meetings scheduled for Monday, June curity Subcommittee search. 6, 2005 may be found in the Daily Digest To hold joint hearings to examine south- SD–G50 of today’s RECORD. ern border in crisis, focusing on re- 2:30 p.m. sources and strategies to improve na- Commerce, Science, and Transportation MEETINGS SCHEDULED tional security. Disaster Prevention and Prediction Sub- SD–226 committee JUNE 7 3 p.m. To hold hearings to examine research 9:30 a.m. Intelligence and development to protect America’s Agriculture, Nutrition, and Forestry To hold closed hearings to examine cer- communities from disaster, focusing on To hold hearings to examine the Domini- tain intelligence matters. National Institute of Standards and can Republic-Central America Free SH–219 Technology recent World Trade Center Trade Agreement, focusing on poten- report, as well as computer security, tial impacts on the agriculture and JUNE 8 and chemical, biological, radiological food sectors. 9:15 a.m. detection standards, National Science SD–106 Environment and Public Works Foundation scientific research in areas Armed Services Business meeting to consider H.R. 483, to such as computer security and data To hold hearings to examine the Depart- designate a United States courthouse mining, and NOAA’s work developing ment of Defense Inspector General’s in Brownsville, Texas, as the atmospheric models to aid in pre- Management Accountability Review of ‘‘Reynaldo G. Garza and Filemon B. diction of the transport and dispersion the Boeing KC–767A Tanker Program. Vela United States Courthouse’’, S. 260, of chemical and biological releases, in- SR–325 to authorize the Secretary of the Inte- cluding the hazards alert system. 10 a.m. rior to provide technical and financial SR–253 Finance assistance to private landowners to re- Foreign Relations To hold hearings to examine preventing store, enhance, and manage private To hold hearings to examine the nomina- the next pension collapse, relating to land to improve fish and wildlife habi- tions of Pamela E. Bridgewater, of Vir- the United Airlines case. tats through the Partners for Fish and ginia, to be Ambassador to Republic of SD–628 Wildlife Program, S. 864, to amend the Ghana, Donald E. Booth, of Virginia, to Appropriations Atomic Energy Act of 1954 to modify be Ambassador to Republic of Liberia, Interior and Related Agencies Sub- provisions relating to nuclear safety Terence Patrick McCulley, of Oregon, committee and security, S. 865, to amend the to be Ambassador to Republic of Mali, Business meeting to markup H.R. 2361, Atomic Energy Act of 1954 to reauthor- and Roger Dwayne Pierce, of Virginia, making appropriations for the Depart- ize the Price-Anderson provisions, S. to be Ambassador to Republic of Cape ment of the Interior, environment, and 858, to reauthorize Nuclear Regulatory Verde. related agencies for the fiscal year end- Commission user fees, and or other SD–419 ing September 30, 2006. purposes, S. 1017, to reauthorize grants Intelligence SD–124 from the water resources research and To hold closed hearings to examine cer- Banking, Housing, and Urban Affairs technology institutes established under tain intelligence matters. International Trade and Finance Sub- the Water Resources Research Act of SH–219 committee 1984, and S. 1140, to designate the State To hold hearings to examine inter- Route 1 Bridge in the State of Dela- JUNE 9 national monetary fund oversight. ware as the ‘‘Senator William V. Roth, 9:30 a.m. SD–538 Jr. Bridge’’. Judiciary Health, Education, Labor, and Pensions SD–406 Business meeting to consider pending Retirement Security and Aging Sub- 9:30 a.m. calendar business. committee Commerce, Science, and Transportation SD–226 To hold hearings to examine reforming Technology, Innovation, and Competitive- 10 a.m. hybrid and multi-employer pension ness Subcommittee Banking, Housing, and Urban Affairs plans. To hold hearings to examine manufac- Business meeting to consider S. 582, to SD–430 turing competitiveness in a high-tech require the Secretary of the Treasury

● This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00041 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05 11676 EXTENSIONS OF REMARKS, Vol. 151, Pt. 8 June 6, 2005 to mint coins in commemoration of the 2:30 p.m. ment of Homeland Security for the fis- 50th anniversary of the desegregation Foreign Relations cal year ending September 30, 2006, and of the Little Rock Central High School Western Hemisphere, Peace Corps and Nar- H.R. 2419, making appropriations for in LittleRock, Arkansas, and the nomi- cotics Affairs Subcommittee energy and water development for the nations of Ben S. Bernanke, of New To hold hearings to examine the Western fiscal year ending September 30, 2006. Jersey, to be a Member of the Council Hemisphere initiative, regarding safety SD–106 of Economic Advisers, and Brian D. and convenience in cross-border travel. Montgomery, of Texas, to be Assistant SH–216 JUNE 21 Secretary of Housing and Urban Devel- 3 p.m. opment, and Federal Housing Commis- Conferees Time to be announced sioner. Meeting of conferees on H.R. 3, to author- Appropriations SD–538 ize funds for Federal-aid highways, Agriculture, Rural Development, and Re- Health, Education, Labor, and Pensions highway safety programs, and transit lated Agencies Subcommittee To hold hearings to examine protecting programs. Business meeting to markup proposed America’s pensions plans from fraud. 2167 RHOB legislation making appropriations for SD–430 the Department of Agriculture. Veterans’ Affairs JUNE 14 Room to be announced To hold hearings to examine pending 10 a.m. Appropriations health care related legislation. Appropriations Legislative Branch Subcommittee SR–418 Homeland Security Subcommittee Business meeting to markup proposed Joint Economic Committee Business meeting to markup H.R. 2360, legislation making appropriations for To hold hearings to examine the current making appropriations for the Depart- the Legislative Branch. economic outlook. ment of Homeland Security for the fis- Room to be announced. 2118 RHOB cal year ending September 30, 2006. 2:30 p.m. 10:30 a.m. S–128 Capitol Health, Education, Labor, and Pensions Foreign Relations Energy and Natural Resources Education and Early Childhood Develop- To hold hearings to examine the nomina- National Parks Subcommittee ment Subcommittee tions of Richard J. Griffin, of Virginia, To hold hearings to examine S. 206, to To hold hearings to examine issues relat- to be Director of the Office of Foreign designate the Ice Age Floods National Missions, and to have the rank of Am- Geologic Trail, S. 556, to direct the ing to American history. bassador, and Henrietta Holsman Fore, Secretary of the Interior and the Sec- SD–430 of Nevada, to be Under Secretary of retary of Agriculture to jointly con- State for Management. duct a study of certain land adjacent to JUNE 22 SD–419 the Walnut Canyon National Monu- 9:30 a.m. 11 a.m. ment in the State of Arizona, S. 588, to Indian Affairs Commerce, Science, and Transportation amend the National Trails System Act To hold an oversight hearing to examine To hold hearings to examine general to direct the Secretary of the Interior the In Re Tribal Lobbying Matters, Et aviation (GA) security, the Transpor- and the Secretary of Agriculture to Al. tation Security Administration’s pro- jointly conduct a study on the feasi- SH–216 posed plan to reopen Ronald Reagan bility of designating the Arizona Trail 10 a.m. Washington National Airport to GA op- as a national scenic trail or a national Health, Education, Labor, and Pensions erations, and to examine the security historic trail, and S. 955, to direct the Business meeting to consider pending Secretary of the Interior to conduct a procedures followed during the recent calendar business. special resource study to determine the air incursion that caused the emer- SD–430 gency evacuation of the White House suitability and feasibility of including in the National Park System certain and the U.S. Capitol buildings. JUNE 23 SR–253 sites in Williamson County, Tennessee, 2 p.m. relating to the Battle of Franklin. 10 a.m. Agriculture, Nutrition, and Forestry SD–366 Health, Education, Labor, and Pensions To hold hearings to examine the nomina- 2 p.m. To hold hearings to examine Family tions of Walter Lukken, of Indiana, to Agriculture, Nutrition, and Forestry Medical Leave Act. be a Commissioner of the Commodity To hold hearings to examine the benefits SD–430 Futures Trading Commission, Reuben and future developments in agriculture 2 p.m. Jeffery III, of the District of Columbia, and food biotechnology. Appropriations to be Commissioner and Chairman of SR–328A Business meeting to markup proposed the Commodity Futures Trading Com- 2:30 p.m. legislation making appropriations for mission. Appropriations the Department of Agriculture, and SR–328A Energy and Water, and Related Agencies proposed legislation making appropria- Appropriations Subcommittee tions for the Legislative Branch. Business meeting to markup H.R. 2419, Business meeting to markup H.R. 2361, SD–106 making appropriations for the Depart- making appropriations for energy and water development for the fiscal year ment of the Interior, environment, and SEPTEMBER 20 related agencies for the fiscal year end- ending September 30, 2006. 10 a.m. ing September 30, 2006, and to consider SD–138 Veterans’ Affairs 302 (b) subcommittee allocations of To hold joint hearings with the House budget outlays and new budget author- JUNE 15 ity allocated to the committee in H. 9:30 a.m. Committee on Veterans Affairs to ex- Con. Res. 95, establishing the congres- Indian Affairs amine the legislative presentation of sional budget for the United States To hold an oversight hearing to examine the American Legion. Government for fiscal year 2006, revis- youth suicide prevention. 345 CHOB ing appropriate budgetary levels for SR–485 fiscal year 2005, and setting forth appropriate budgetary levels for fiscal JUNE 16 POSTPONEMENTS years 2007 through 2010. 9:30 a.m. SD–106 Indian Affairs JUNE 14 Health, Education, Labor, and Pensions To hold an oversight hearing to examine Bioterrorism and Public Health Prepared- Indian education. 9:30 a.m. ness Subcommittee SR–485 Indian Affairs To hold hearings to examine bringing 2 p.m. To hold an oversight hearing to examine promising medical countermeasures to Appropriations Native American Graves Protection bioshield. Business meeting to markup H.R. 2360, and Repatriation Act. SD–430 making appropriations for the Depart- SR–485

VerDate Sep 11 2014 14:14 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00042 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR06JN05.DAT BR06JN05