S8768 CONGRESSIONAL RECORD — SENATE July 22, 2004 on Space and Aeronautics, the Senate Mr. Lucas of Oklahoma. Mr. Chairman, I can be achieved through an Commerce Committee, aerospace com- appreciate the gentleman from New York incentivized approach rather than a panies and the Oklahoma Space Indus- (Mr. Boehlert) and the gentleman from Ten- governmental mandate or punitive ap- trial Development Authority. nessee (Mr. Gordon) bringing this important proach. Incentivize and safely get gov- My language adds to H.R. 3752, the bill to the floor, because the emerging com- mercial human space flight industry pre- ernment out of the way is the philos- Commercial Space Launch Amend- sents tremendous opportunities for my State ophy of my bill. Tempt not only the ments Act of 2004, which updates the of Oklahoma and our Nation as a whole. I am pocketbook but the vision of anyone Commercial Space Launch Act of 1984, particularly appreciative of this bill’s intent who has the creativity and imagination by accounting for a new class of sub-or- to ease the regulatory burdens for entre- to pursue it. preneurs who are developing new suborbital bital launch vehicles that use hybrid f technology—a combination of rocket reusable launch vehicles. and jet engines—to create a fair ap- Mr. Boehlert. Mr. Chairman, will the gen- SUBMITTED RESOLUTIONS tleman yield? proach to future civilian suborbital Mr. Lucas of Oklahoma. I yield to the gen- flights. tleman from New York. In this legislation to advance the SENATE RESOLUTION 415—TO AU- Mr. Boehlert. Mr. Chairman, I thank the THORIZE THE PRODUCTION OF commercial space community, I have gentleman for his kind words. He is correct successfully covered hybrid aerospace in stating that this legislation seeks to put RECORDS BY THE PERMANENT vehicles. in place sufficient Federal regulation to pro- SUBCOMMITTEE ON INVESTIGA- By defining a sub-orbital vehicle as a tect the general public while also promoting TIONS OF THE COMMITTEE ON rocket-propelled vehicle, ‘‘in whole or this important new industry. GOVERNMENTAL AFFAIRS in part, intended for flight on a sub-or- Mr. Lucas of Oklahoma. As you know, Mr. Mr. FRIST (for himself and Mr. bital trajectory, and whose thrust is Chairman, some suborbital reusable launch vehicles that will be used in commercial DASCHLE) submitted the following reso- greater than its lift for the majority of human space flight activities may have some lution; which was considered and the rocket-powered portion of its as- attributes normally associated with air- agreed to: cent,’’ aerospace companies will now planes as well as many attributes of rockets. S. RES. 415 face less regulation than with previous My hope is that such hybrid vehicles would Whereas, during the 106th and 107th Con- definitions for this type of vehicle. not have to be regulated under two separate gresses, the Permanent Subcommittee on In- Under my language, the FAA’s Office regimes. What are the chairman’s views on vestigations of the Committee on Govern- of Commercial Space Transportation this matter? mental Affairs conducted an investigation will now have sole regulation authority Mr. Boehlert. I thank the gentleman for into money laundering activities in the U.S. for sub-orbital hybrid vehicles, and will that question. financial services sector, including examina- This is a very important issue on which we tions of money laundering activities in pri- now be appropriately considered and li- have worked extensively with industry and vate banking, correspondent banking, and censed as launch vehicles. By this clas- the executive branch in developing this bill. the securities industry; sification, aerospace companies such as As currently drafted, H.R. 3752 incorporates Whereas, by agreement to Senate Resolu- Rocketplane, which utilizes hybrid definitions promulgated by the Federal Avia- tion 77, 107th Congress, the Senate author- tion Administration to distinguish between technology, will now avoid being forced ized the Chairman and Ranking Minority suborbital rockets, which are under the ju- to go through a lengthy two-step li- Member of the Subcommittee, acting joint- risdiction of FAA’s Associate Administrator censing process formerly required for ly, to provide to law enforcement officials, for Commercial Space Transport, and other both launch vehicles and commercial legislative bodies, regulatory agencies, and aerospace vehicles which are regulated by aircraft and will have the opportunity other entities or individuals duly authorized another part of the FAA. That said, I would by federal, state, or foreign governments, to be licensed to carry civilian pas- be happy to keep working with the gen- records of the Subcommittee’s investigation sengers much more quickly. tleman from Oklahoma (Mr. Lucas) and into the use of correspondent banking for the In addition to the definition of sub- other interested parties as the bill moves purpose of money laundering; orbital flight, I am also proud of the in- forward to revisit the important issue of how Whereas, during the present Congress, the demnification and insurance provisions best to regulate hybrid vehicles that are en- Subcommittee has been conducting a fol- gaged in commercial human space flight. of this legislation which make it pos- lowup to its earlier money laundering inves- Mr. Lucas of Oklahoma. I thank the chair- sible for small companies to enter into tigation to evaluate the enforcement and ef- man and I look forward to continuing to this business field, and am happy to fectiveness of key statutory anti-money work with him and our colleagues in the create the new ‘‘experimental permit’’ laundering provisions, using Riggs Bank of other body to see if we can create a single re- the District of Columbia as a case history; framework. gime for hybrid commercial space flight ve- Whereas, the Subcommittee is asking au- I know that my colleagues, House hicles. Science Space and Aeronautics Sub- thorization to provide records of its followup While I realize H.R. 3752 creates fair- committee Chairman ROHRABACHER investigation in response to requests from ness in regulation for the newly emerg- law enforcement officials, legislative bodies, and Committee Chairman BOEHLERT, and their aide, Timothy Hughes, have ing civilian space flight industry, I be- regulatory agencies, and foreign agencies lieve my language takes it a step fur- and officials; worked diligently to update the Com- Whereas, by the privileges of the Senate of mercial Space Launch Act of 1984 by ther by ensuring all companies enter- ing this field have a level licensing the United States and Rule XI of the Stand- introducing and passing H.R. 3752. ing Rules of the Senate, no evidence under I particularly want to thank my fel- playing field including those using hy- the control or in the possession of the Senate low Oklahoman and House Science brid technologies. can, by administrative or judicial process, be Committee member FRANK LUCAS for These are exciting times for this field taken from such control or possession but by requesting my involvement in this leg- of human endeavor. We are currently permission of the Senate; islation, along with requests from in the middle of a competition for the Whereas, when it appears that evidence Oklahoma State Senator Gilmer Capps, ANSARI X PRIZE. This competition is under the control or in the possession of the Senate is needed for the promotion of jus- Oklahoma State Representative Jack a courageous effort to refocus society’s attention on the last frontier—space. tice, the Senate will take such action as will Bonny, Oklahoma Lieutenant Governor promote the ends of justice consistent with Mary Fallon, and the Oklahoma Space To win the $10 million ANSARI X the privileges of the Senate: Now, therefore, Industry Development Authority, Con- PRIZE, the successful team will launch be it gressman LUCAS’ colloquy with Chair- a craft carrying at least three people to Resolved, That the Chairman and Ranking man BOEHLERT on the floor the House an altitude of at least 100 km, 62.5 Minority Member of the Permanent Sub- of Representatives on March 4, 2004, miles, return safely to Earth, then re- committee on Investigations of the Com- speaks of his interest in ensuring that peat it with the same craft within 2 mittee on Governmental Affairs, acting weeks. jointly, are authorized to provide to law en- this very commercial space legislation forcement officials, legislative bodies, regu- include hybrid vehicles that fly a bit With pilot Mike Melvill, the Burt Rutan team made a flight on June 21, latory agencies, and other entities or indi- like rockets and a bit like airplanes: viduals duly authorized by federal, state, or Mr. Boehlert. Mr. Chairman, I yield such 2004, but control problems prevented foreign governments, records of the Sub- time as he may consume to the gentleman the repeat flight within the 2 weeks. committee’s case study investigation into from Oklahoma (Mr. Lucas) for the purposes This brilliant concept of the Ansari X the enforcement and effectiveness of statu- of a colloquy. Prize exemplifies the excellence that tory anti-money laundering provisions.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00152 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8769 SENATE RESOLUTION 416—CON- SENATE RESOLUTION 417—CON- NELSON of Florida, Mr. SARBANES, Mr. GRATULATING THE CALIFORNIA GRATULATING THE UNIVERSITY SHELBY, AND Mr. WYDEN) submitted the STATE UNIVERSITY, FULLERTON OF CALIFORNIA AT LOS ANGE- following resolution; which was consid- BASEBALL TEAM ON WINNING LES WOMEN’S SOFTBALL TEAM ered and agreed to: THE 2004 COLLEGE WORLD SE- ON WINNING THE 2004 NATIONAL S. RES. 418 RIES COLLEGIATE ATHLETIC ASSOCIA- TION CHAMPIONSHIP Whereas countless families in the United States live with prostate cancer; Mrs. FEINSTEIN (for herself and Mrs. FEINSTEIN (for herself and Whereas 1 in 6 men in the United States Mrs. BOXER) submitted the following Mrs. BOXER) submitted the following resolution; which was considered and will be diagnosed with prostate cancer in his resolution; which was considered and lifetime; agreed to: agreed to: Whereas over the past decade, prostate S. RES. 416 S. RES. 417 cancer has been the most commonly diag- Whereas on June 27, 2004, the California Whereas on May 31, 2004, the University of nosed non-skin cancer and the second most State University, Fullerton (‘‘Fullerton’’) California at Los Angeles (‘‘UCLA’’) women’s common cancer killer of men in the United Titans won the 2004 College World Series; softball team won the 2004 National Colle- States; giate Athletic Association (‘‘NCAA’’) cham- Whereas the 3 to 2 victory completed a 2 to Whereas over 230,000 men in the United pionship; 0 sweep of the heavily favored Texas States will be diagnosed with prostate can- Whereas the 3 to 1 victory completed an- Longhorns; cer and 29,900 men in the United States will other UCLA softball title run, this time over die of prostate cancer in 2004, according to Whereas the Fullerton team opened the the in-State rival, the California Bears; season with 15 wins and 16 losses, then con- American Cancer Society estimates; Whereas the victory marked UCLA’s tenth Whereas 30 percent of new cases occur in tinued on to win 32 of the next 38 games, fin- NCAA title in team history; ishing with 47 wins and 22 losses in the reg- men under the age of 65; Whereas the UCLA women’s softball team Whereas a man in the United States turns ular season; ended the season with an impressive 47 to 9 50 years old about every 14 seconds, increas- Whereas the Fullerton team won with the mark; ing the occurrence of cancer and, particu- superlative pitching of Jason Windsor, who Whereas UCLA trailed 1 to 0 for the first 5 larly, of prostate cancer; threw a complete game and was named Most innings, before Claire Sua tied the game with Outstanding Player of the College World Se- a solo home run; Whereas African-American males suffer a ries; Whereas freshman pinch hitter Kristen prostate cancer incidence rate as much as 60 Whereas Kurt Suzuki broke a 2 and 20 Dedmon hit a crucial 2–RBI single to give percent higher than White males and have slump with the game winning RBI single; UCLA the lead; double the mortality rates; Whereas obesity is a significant predictor Whereas the Fullerton roster also includes Whereas senior pitcher Keira Goerl became of prostate cancer severity and death; Joe Turgeon, Justin Turner, Clark Hardman, just the second pitcher in NCAA Division I Whereas if a man in the United States has Mark Carroll, Blake Davis, Brett Pill, Ricky history to win multiple title games; 1 family member diagnosed with prostate Romero, J.D. McCauley, Mike Martinez, Neil Whereas the UCLA roster also includes cancer, he has double the risk of prostate Walton, Ronnie Prettyman, Eric Hale, Evan Caitlin Benyi, Jaisa Creps, Lisa Dodd, An- drea Duran, Alissa Eno, Tara Henry, Ashley cancer, if he has 2 family members with such McArthur, Brandon Tripp, Shawn Scobee, Herrera, Whitney Holum, Julie Hoshizaki, diagnosis, he has 5 times the risk, and if he Scott Sarver, Bobby Andrews, Felipe Garcia, Jodie Legaspi, Stephanie Ramos, Nicole has 3 family members with such diagnosis, Ryan Schreppel, Danny Dorn, Armando Sandberg, Amanda Simpson, Shana Stewart, he has a 97-percent risk of prostate cancer; Carrasco, Jon Wilhite, Nolan Bruyninckx, Michelle Turner, and Emily Zaplatosch; Whereas screening by both digital rectal Lauren Gagnier, John Curtis, Evan Myrick, Whereas the coaching staff of Sue Enquist, examination and prostate specific antigen Dustin Miller, Vance Otake, Eric Echevarria, Kelly Inouye-Perez, and Gina Vecchione de- blood test can diagnose the disease in earlier P.J. Pilittere, Sergio Pedroza, Geoff Tesmer, serve much credit for the accomplishments and more treatable stages and reduce pros- John Estes, Mark Davidson, and Vinnie of their team; tate cancer mortality; Pestano; Whereas the UCLA team is the first team Whereas ongoing research promises to fur- Whereas Fullerton Coach George Horton to defend its NCAA title since 1997; ther improvements in prostate cancer pre- was competing against his mentor, former Whereas UCLA has won 10 of a possible 23 vention, early detection, and treatments; Fullerton coach Augie Garrido, who led the NCAA Division I softball championships; and and Whereas the students, alumni, faculty, and Titans to 3 previous national championships; Whereas educating people in the United supporters of UCLA are to be congratulated Whereas the coaching staff of George Hor- States, including health care providers, for their commitment and pride in their in- ton, Dave Serrano, Rick Vanderhook, and about prostate cancer and early detection stitution: Now, therefore, be it Chad Baum deserve much credit for the ac- strategies is crucial to saving men’s lives complishments of their team; Resolved, That the Senate— (1) congratulates the University of Cali- and preserving and protecting families: Now, Whereas the Fullerton baseball team has therefore, be it won national championships in 1979, 1984, fornia at Los Angeles Bruins on winning the 2004 National Collegiate Athletic Association 1995, and 2004, making it the only team to Resolved, That the Senate— Championship; win a national championship in each of the (1) designates September 2004 as ‘‘National (2) recognizes the achievements of the past 4 decades; Prostate Cancer Awareness Month’’; team; Whereas the students, alumni, faculty, and (2) declares that the Federal Government (3) requests that the President recognize has a responsibility to— supporters of Fullerton are to be congratu- the outstanding accomplishments of the (A) raise awareness about the importance lated for their commitment and pride in team; and of screening methods and treatment of pros- their institution: Now, therefore, be it (4) directs the Secretary of the Senate to tate cancer; Resolved, That the Senate— make available a copy of this resolution to (B) increase research funding that is com- (1) congratulates the California State Uni- University of California at Los Angeles for mensurate with the burden of the disease so versity, Fullerton Titans on their College appropriate display and to transmit an en- that the causes of prostate cancer, and im- rolled copy of this resolution to the 2004 Uni- World Series championship; proved screening, treatments, and a cure for versity of California at Los Angeles women’s (2) recognizes the achievements of the prostate cancer, may be discovered; and softball team. team; (C) continue to consider ways for improv- (3) requests that the President recognize ing the access to, and quality of, health care the outstanding accomplishments of the SENATE RESOLUTION 418—DESIG- services for detecting and treating prostate team; and NATING SEPTEMBER 2004 AS cancer; and (4) directs the Secretary of the Senate to ‘‘NATIONAL PROSTATE CANCER (3) requests that the President issue a make available a copy of this resolution to AWARENESS MONTH’’ proclamation calling on the people of the California State University, Fullerton for Mr. SESSIONS (for himself, Mr. United States, interested groups, and af- appropriate display and to transmit an en- fected persons to— REID, Mr. ALLEN, Mr. BAYH, Mr. rolled copy of this resolution to the 2004 (A) promote awareness of prostate cancer; California State University, Fullerton team. BROWNBACK, Mr. BUNNING, Mr. BURNS, (B) take an active role in the fight to end Mr. CAMPBELL, Mr. CORZINE, Mr. the devastating affects of prostate cancer on CRAPO, Mr. DAYTON, Mr. DODD, Mr. individuals, their families, and the economy; FEINGOLD, Mr. GRASSLEY, Mr. INOUYE, and Mr. JOHNSON, Mr. KOHL, Mr. LAUTEN- (C) observe the month of September 2004 BERG, Mr. LIEBERMAN, Mr. MILLER, Mr. with appropriate ceremonies and activities.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00153 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8770 CONGRESSIONAL RECORD — SENATE July 22, 2004 SENATE RESOLUTION 419—EX- Presidential Transition Act of 1963 (3 U.S.C. The resolution encouraged states to PRESSING THE SENSE OF THE 102 note; Public Law 88–277); consider adopting such laws where they SENATE WITH RESPECT TO THE Whereas Congress has further concluded do not currently exist. CONTINUITY OF GOVERNMENT that ‘‘[a]ny disruption occasioned by the Today, I rise in support of a Senate transfer of the executive power could resolution on another profoundly non- AND THE SMOOTH TRANSITION produce results detrimental to the safety OF EXECUTIVE POWER and well-being of the United States and its partisan issue—the preservation of our Mr. CORNYN submitted the fol- people’’ under the Presidential Transition system of government in the wake of a lowing resolution; which was referred Act of 1963 (3 U.S.C. 102 note; Public Law 88– catastrophic terrorist attack. Just as to the Committee on Rules and Admin- 277); and most Americans would be shocked to istration: Whereas Congress has previously expressed learn about the incidence of forced its intent ‘‘that appropriate actions be au- S. RES. 419 labor and sexual servitude in commu- thorized and taken to avoid or minimize any Whereas members of the Senate, regardless nities across the country, I believe disruption’’ and ‘‘that all officers of the Gov- most Americans would be shocked to of political party affiliation, agree that the ernment so conduct the affairs of the Gov- American people deserve a Government that ernment for which they exercise responsi- learn that our laws are profoundly in- is failsafe and foolproof, and that terrorists bility and authority as (1) to be mindful of adequate to ensure continuity of gov- should never have the ability to disrupt the problems occasioned by transitions in the of- ernmental operations in the wake of a operations of the Government; fice of the President, (2) to take appropriate catastrophic terrorist attack. Whereas continuity of governmental oper- lawful steps to avoid or minimize disruptions I have spent a great deal of time and ations in the wake of a catastrophic terrorist that might be occasioned by the transfer of energy this past year on the issue of attack remains a pressing issue of national the executive power, and (3) otherwise to importance before the United States Con- continuity of government. Last Sep- promote orderly transitions in the office of tember, I chaired two hearings to ex- gress; President’’ under the Presidential Transition Whereas, at a minimum, terrorists should Act of 1963 (3 U.S.C. 102 note; Public Law 88– amine continuity of government prob- never have the ability, by launching a ter- 277): Now, therefore, be it lems in the two political branches of rorist attack, to change the political party Resolved, that it is the sense of the Senate government. On September 9, I chaired that is in control of the Government, regard- that during the period preceding the end of a a hearing of the Senate Judiciary Com- less of which party is in power; term of office in which a President will not mittee to examine continuity problems Whereas, whenever control of the White be serving a succeeding term— in the Congress, and on September 16, House shall change from one political party (1) that President should consider submit- Senator LOTT and I co-chaired a joint to another, the outgoing President and the ting the nominations of individuals to the incoming President should work together, Senate who are selected by the President- hearing of the Senate Rules and Judici- and with the Senate to the extent deter- elect for offices that fall within the line of ary Committees to look at problems in mined appropriate by the Senate, to ensure a succession; our system of Presidential succession. smooth transition of executive power, in the (2) the Senate should consider conducting These are not partisan issues. These interest of the American people; confirmation proceedings and votes on the are imminently nonpartisan issues, and Whereas, under the current presidential nominations described under paragraph (1), so I was pleased to work on those hear- succession statute in section 19 of title 3, to the extent determined appropriate by the United States Code, the members of the cabi- ings with my distinguished colleagues Senate, between January 3 and January 20 on the other side of the aisle—Senator net, defined as the heads of the statutory ex- before the Inauguration; and ecutive departments under section 101 of LEAHY, the ranking member of the Sen- (3) that President should consider agreeing title 5, United States Code, fall within the to sign and deliver commissions for all ap- ate Judiciary Committee, and Senator line of succession to the presidency; proved nominations on January 20 before the FEINGOLD, the ranking member of the Whereas, during previous presidential tran- Inauguration to ensure continuity of Gov- Senate Judiciary Subcommittee on the sition periods, the incoming President has ernment. Constitution, Civil Rights, and Prop- had to serve with cabinet members from the prior administration, including subcabinet Mr. CORNYN. Mr. President, yester- erty Rights, which I am honored to officials from the prior administration act- day I rose to address this body in sup- chair. ing as cabinet members, for at least some pe- port of a Senate resolution on a pro- In November, I introduced Senate riod of time; foundly nonpartisan issue. As Presi- Joint Resolution 23, a proposed con- Whereas the Constitution vests the ap- dent Bush and the United States gov- stitutional amendment to ensure con- pointment power of executive branch offi- ernment continue their fight to protect tinuity of Congress. Constitutional cials in the President, by and with the advice the American way of life in the war legal experts across the political spec- and consent of the Senate, and nothing in trum have recognized that our current this resolution is intended to alter either the against terrorism, they have also been constitutional power of the President or the fighting another battle to protect laws are inadequate to ensure con- constitutional function of the Senate with American ideals and principles—a bat- tinuity of Congressional operations in regard to the confirmation of presidential tle against human trafficking and slav- the wake of a catastrophic terrorist at- nominees; ery. Most Americans would be shocked tack, and that only a constitutional Whereas an incoming President cannot ex- to learn that the institution of slav- amendment can ensure that the Amer- ercise the constitutional powers of the Presi- ery—an institution that hundreds of ican people will never have to suffer dent, in order to ensure a smooth transition thousands of Americans shed precious under martial law. of Government, until noon on the 20th day of The constitutional amendment I in- January, pursuant to the terms of the twen- blood to destroy—continues to persist tieth amendment to the Constitution; today—not just around the world, but troduced implements the recommenda- Whereas cooperation between the incoming hidden in communities across America. tions of the bipartisan blue ribbon Con- and the outgoing President is therefore the This is a new fight against an old evil. tinuity of Government Commission, only way to ensure a smooth transition of It is the most fundamental civil rights sponsored by the American Enterprise Government; issue of our time. Institute and the Brookings Institu- Whereas Congress throughout history has I was pleased to work with my lead tion. That commission is led by two of acted consistently and in a bipartisan fash- Democrat co-sponsor, Senator SCHU- our nation’s truly most distinguished ion to encourage measures to ensure the MER, as well as with Senators GRAHAM American statesmen—its honorary co- smooth transition of executive power from of South Carolina, LEAHY, and CLINTON, one President to another, such as through chairmen, former Presidents Jimmy the enactment of the Presidential Transition to introduce and obtain full Senate ap- Carter and Gerald Ford—as well as by Act of 1963 (3 U.S.C. 102 note; Public Law 88– proval of Senate Resolution 414. That its two distinguished co-chairmen, 277) and subsequent amendments; resolution expressed strong support for former Senator Alan Simpson and Whereas Congress has previously concluded the Justice Department’s recent efforts former White House Counsel Lloyd that ‘‘[t]he national interest requires’’ that to combat human trafficking, under Cutler. The commission is comprised of ‘‘the orderly transfer of the executive power the leadership of the Civil Rights Divi- former high-ranking government offi- in connection with the expiration of the sion. The resolution noted that the cials of both parties, and ably staffed term of office of a President and the inau- Justice Department recently held its guration of a new President . . . be accom- by Norman Ornstein, John Fortier, and plished so as to assure continuity in the first-ever National Conference on Thomas Mann. faithful execution of the laws and in the con- Human Trafficking in Tampa, Florida, I know that there are sharp divisions duct of the affairs of the Federal Govern- where it announced a new comprehen- in the House over what kinds of con- ment, both domestic and foreign’’ under the sive model state anti-trafficking law. tinuity measures to adopt—whether

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00154 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8771 emergency interim appointments are mittee, in coming weeks and months so for four full years, could very well be a appropriate and necessary, or if expe- that the full committee can consider member of the outgoing administra- dited special elections alone are suffi- the merits of, and the need for, Senate tion—indeed, a member of the political cient. It is important to recognize that Joint Resolution 23. party that the American people ex- my amendment takes no position in Of course, Congress is not the only pelled from office at the most recent that debate. My amendment would not institution that faces serious problems election. compel either chamber of Congress to of continuity of operations. Our laws The resolution I introduce today adopt any particular methodology for are also inadequate with respect to would help prevent this from hap- redressing continuity problems. It Presidential succession. Article II of pening. As the resolution acknowl- would simply empower Congress to the Constitution gives Congress the edges, members of the Senate, regard- adopt legislation to guarantee con- power to enact laws to address Presi- less of political party affiliation, agree tinuity of Congressional operations— dential succession—just as my pro- that the American people deserve a power that Congress does not currently posed constitutional amendment would Government that is failsafe and fool- possess. It is modeled after Article II of give Congress such power with respect proof. We agree that terrorists should the Constitution, which empowers Con- to continuity of Congress. Yet legal ex- never have the ability to disrupt the gress to adopt legislation to provide for perts across the political spectrum operations of the Government. We continuity of the Presidency. have written that the current Presi- agree that continuity of governmental On January 27 of this year, I chaired dential succession statute is unconsti- operations in the wake of a cata- a hearing of the Senate Judiciary Com- tutional and unworkable. strophic terrorist attack remains a mittee so that legal experts could ex- Accordingly, I introduced legislation pressing issue of national importance amine the need for Senate Joint Reso- in February, right before President’s before the United States Congress. And lution 23. And on that same day, I in- Day, to reform the Presidential succes- we agree that, at a minimum, terror- troduced implementing legislation (S. sion statute (S. 2073). That same day, I ists should never have the ability, by 2031), entitled the Continuity of the also introduced a Senate resolution (S. launching a terrorist attack, to change Senate Act of 2004. Continuity prob- Con. Res. 89) to establish a protocol for the political party that is in control of lems affect both the House and the ensuring proper transition between an the Government—a principle that ap- Senate. Indeed, the Senate arguably outgoing President and a newly elected plies regardless of which party is in faces the most dire problem of all—if a President. Both measures were cospon- power. An incoming President, of course, majority of Senators are incapacitated, sored by Senator LOTT, the chairman of Congress could be disabled for as long the Rules Committee, which exercises cannot exercise the constitutional pow- ers of the President, in order to ensure as four years, the amount of time it jurisdiction over such matters. takes to elect a new majority of Sen- I am pleased to introduce a more ro- a smooth transition of Government, ators. The Continuity of the Senate bust version of that same resolution until noon on the 20th day of January, Act of 2004 would implement the con- today for the Senate’s consideration, in pursuant to the terms of the Twentieth stitutional amendment proposed by the form of a Senate resolution that re- Amendment of the Constitution. Ac- Senate Joint Resolution 23. It would quires the consent of only this body. It cordingly, cooperation between the in- simply empower each state to adopt is an important step to ensuring that, coming and the outgoing President is the only way to ensure a smooth tran- continuity measures for their senators no matter what, at a minimum, terror- sition of government. in case of incapacity—following the ists will never be able to determine, by Whenever control of the White House model of the 17th Amendment with re- launching a terrorist strike, which spect to Senate vacancies. I am pleased shall change from one political party party controls the White House. to another, the outgoing President and that Senators DODD and LOTT agreed to Imagine if you will that it is January the incoming President should work serve as original co-sponsors of this 20, the inauguration date for a new in- together, and with the Senate to the legislation. After all, they are the coming President. The sun is shining, extent deemed appropriate by the Sen- ranking Democrat and Republican, re- and the American people are watching. ate, to ensure a smooth transition of spectively, on the Senate Rules Com- The new President and Vice President executive power, in the interest of the mittee—the committee that would sit on the center platform just steps American people. Accordingly, the res- have jurisdiction to consider the Con- away from the Capitol Rotunda, joined olution establishes a non-binding pro- tinuity of the Senate Act, in the event by American and foreign dignitaries. tocol—a protocol with three parts. that the constitutional amendment I Leaders of both Houses of Congress sit First, the resolution states that an have proposed is approved by two- nearby as well. It is a beautiful day— outgoing President should consider thirds of the Congress and three- but as national security and continuity submitting the nominations of individ- fourths of the states. of government experts have long recog- uals to the Senate who are selected by On May 13, I convened a meeting of nized, it is also a window of vulner- the President-elect for offices that fall the Senate Judiciary Subcommittee on ability. If terrorists launched a suc- within the line of succession. Under the the Constitution, Civil Rights and cessful strike on Inauguration Day, it current Presidential succession statute Property Rights—the subcommittee could wipe out not only our new Presi- (3 U.S.C. § 19), that means the members that possesses jurisdiction over con- dent, but also the first three people of the Cabinet, defined as the heads of stitutional amendments. I am pleased who are in the line of Presidential suc- the statutory executive departments (5 that the subcommittee approved Sen- cession under our current Presidential U.S.C. § 101). ate Joint Resolution 23 on a bipartisan succession statute—the Vice President, Second, the resolution provides that vote. I am particularly pleased that the the Speaker of the House, and the the Senate should consider conducting resolution was supported by my distin- President pro tempore of the Senate. confirmation proceedings and votes on guished colleague, the subcommittee’s What happens next? Cabinet nominations, to the extent ranking Democrat, Senator FEINGOLD. Well, imagine that the election of the deemed appropriate by the Senate, be- I know from working with him these prior year had resulted in a change of tween January 3 and January 20 before past several months that he is no fan of political party control of the White the Inauguration. Of course, nothing in constitutional amendments. And of House. During previous Presidential the resolution purports to alter the course, everyone in this chamber transition periods, a new incoming constitutional powers of either the agrees that the Constitution should President has had to serve with Cabi- President or the Senate, and indeed, not be amended casually. Yet he recog- net members from the prior adminis- nothing in this resolution could con- nized—as have constitutional legal ex- tration—including sub-Cabinet officials stitutionally do so. perts across the political spectrum— from the prior administration acting as And third, the resolution encourages that the only way to ensure continuity Cabinet members—for at least some pe- the outgoing President to consider of Congressional operations is a con- riod of time. That means that, in the agreeing to sign and deliver commis- stitutional amendment. I look forward event of a successful inaugural day at- sions for all approved nominations on to working with Senator HATCH, the tack, the official who could rise to be- January 20 before the Inauguration— chairman of the Senate Judiciary Com- come Acting President, perhaps serving all to ensure continuity of government.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00155 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8772 CONGRESSIONAL RECORD — SENATE July 22, 2004 I am pleased that this resolution has whose text you have shared with me express- the President-elect and the Senate alike, of received such strong support amongst ing the sense of the Senate with respect to providing an early, expeditious process for experts in the fields of continuity of continuity of government and the smooth ensuring that the President’s Cabinet is in government and constitutional law. transition of Executive power. I write not as place. The process thus promises to reduce a This is a truly nonpartisan effort, so I a friend and supporter of Senators Kerry and serious danger without compromising impor- Edwards, whose election this November to tant structural values. am particularly pleased that the reso- the presidency and vice presidency I believe lution is so enthusiastically supported you know I strongly favor, but as a citizen of One of the most central goals of our con- by constitutional legal experts such as this nation and, for more than 30 years, a stitutional system is to create an energetic Walter Dellinger, Cass Sunstein, Lau- professor of constitutional law who is de- and unitary executive branch, one that is ca- rence Tribe, Michael Gerhardt, and voted to the success of its government of, by, pable of prompt and expeditious action. See Howard Wasserman. Rather than re- and for the people, The Federalist No. 70; E. Corwin, The Presi- peat their words here, I will simply ask The Resolution I have read is a non-bind- dent—Office and Powers 3–30 (1957). This res- unanimous consent that their letters ing measure that creates no obligations or olution, at once bipartisan and nonpartisan, rights and imposes no restrictions. For this be included in the CONGRESSIONAL would serve to promote that goal under con- reason among others, it is fully consistent temporary conditions. RECORD at the close of my remarks. with the Constitution of the United States. Sincerely, Throughout history, Congress has Unlike some such non-binding measures, CASS R. SUNSTEIN. acted consistently and in a bipartisan however, this one seems to me extremely fashion to encourage measures to en- wise. It entails no posturing, and the rec- sure the smooth transition of Execu- ommendations it makes for the transition O’MELVENY & MYERS LLP, tive power from one President to an- from an incumbent president’s administra- Washington, DC, July 22, 2004. other. I think, for example, of the Pres- tion to that of a newly elected president who Re: ‘‘Smooth Transition’’ Proposed Legisla- tion. idential Transition Act of 1963, and its is not the incumbent—a situation I fervently subsequent amendments. In that Act, hope we will confront between November 2, Hon. JOHN CORNYN, 2004, and January 20, 2005—seem to me not U.S. Senate, Congress concluded that ‘‘[t]he na- only sensible but potentially crucial, espe- Washington, DC. tional interest requires’’ that ‘‘the or- cially during a period of our history when fa- DEAR SENATOR CORNYN: On rare occasions a derly transfer of the executive power in natic international terrorism threatens to connection with the expiration of the disrupt our political and governmental proc- suggestion comes along that is truly a good term of office of a President and the in- esses. The recommendations are such that a government idea. The ‘‘smooth transition’’ auguration of a new President . . . be non-partisan, good-government perspective resolution you have proposed is a premier ex- accomplished so as to assure con- would commend this Resolution to the entire ample. It is a simple idea that would Senate, and I strongly support its adoption. strengthen our government, regardless of tinuity in the faithful execution of the party and regardless of ideology. To have the laws and in the conduct of the affairs Yours truly, LAURENCE TRIBE. outgoing President, in his final weeks in of- of the Federal Government, both do- fice, submit to the Senate the nominations mestic and foreign.’’ Congress further UNIVERSITY OF CHICAGO LAW SCHOOL, of those individuals the new President-elect concluded that ‘‘[a]ny disruption occa- Chicago, IL, July 22, 2004. has chosen for the cabinet is not merely a sioned by the transfer of the executive Senator JOHN CORNYN, convenience: it is essential in an era in power could produce results detri- Chairman, Senate Subcommittee on the Con- which our government must be ever vigilant. mental to the safety and well-being of stitution, Civil Rights, and Property Rights, I served in the White House in February, Senate Committee on the Judiciary, U.S. the United States and its people.’’ Ac- March and April of 1993. As you will recall, Senate, Washington, DC. cordingly, Congress expressed its in- the position of Attorney General was not DEAR SENATOR CORNYN: I am writing to ex- tent ‘‘that appropriate actions be au- filled in a timely fashion. In my view this re- thorized and taken to avoid or mini- press support, from the standpoint of con- stitutional structure and good governance, sulted in serious mistakes being made, as the mize any disruption’’ and ‘‘that all offi- for the proposed resolution involving con- President turned to the White House staff for cers of the Government so conduct the tinuity in government, which would contain advice and legal opinions that would have affairs of the Government for which the following language: come from the Department of Justice had they exercise responsibility and au- ‘‘Resolved, that it is the sense of the Sen- there been a functioning Attorney General. thority as (1) to be mindful of problems ate that during the period preceding the end Because of the great and steady influence of occasioned by transitions in the office of a term of office in which a President will career lawyers at Justice, the advice from of President, (2) to take appropriate not be serving a succeeding term— that Department is generally more solid and lawful steps to avoid or minimize dis- (1) that President should consider submit- consistent over time than a President re- ruptions that might be occasioned by ting the nominations of individuals to the ceives when he has to rely on the White Senate who are selected by the President- House to carry out duties that should be per- the transfer of the executive power, elect for offices that fall within the line of and (3) otherwise to promote orderly formed by the Attorney General. So I know succession; first hand how important it is to have new transitions in the office of President.’’ (2) the Senate should consider conducting Department Heads in place at the moment Close cooperation between an incom- confirmation proceedings and votes on the the new President is sworn in to office. ing President and an outgoing Presi- nominations described under paragraph (1), dent is the only way to ensure a to the extent deemed appropriate by the Sen- Your amendment does more than facilitate smooth transition of government. So ate, between January 3 and January 20 be- the smooth functioning of government. It this evening, just days away from the fore the Inauguration; and sets the right tone at a time when so many partisan battles divide us in spirit. Our par- first of our nation’s two great political (3) that President should consider agreeing to sign and deliver commissions for all ap- ties should compete vigorously on policy and conventions, I am pleased to introduce proved nominations on January 20 before the present alternative visions and plans to the a resolution to ensure continuity of Inauguration, to ensure continuity of Gov- American people. But then we should facili- government during a unique window of ernment’’ tate rather than inhibit the capacity of the vulnerability—the Presidential inau- The significant advantage of the suggested prevailing party to do the job the American gural period. And I look forward to fur- process is that in the event of terrorist at- people have chosen them to do. This is a sen- ther debate and discussion on other tack or other large-scale disruption, it would timent I expressed four years ago in the legislation to ensure the continuity of reduce the risk that there would be ‘‘gaps’’ pages of The Wall Street Journal as the new our national government. in the personnel and operation of the Execu- administration of President George W. Bush There being no objection, the mate- tive Branch. If the process operates as sug- came to power. I am taking the liberty of in- gested, then there would be no period in cluding a copy of ‘‘The Wrong Way to Op- rial was ordered to be printed in the which certain high-level offices (those that RECORD, as follows: pose’’ from the Journal for January 10, 2001. fall within the line of succession) lack per- I wish I had thought of your idea and in- HARVARD UNIVERSITY, sonnel of the President’s choosing. A dis- cluded it in that piece. Cambridge, MA, July 22, 2004. advantage of the suggested process is that it Hon. JOHN CORNYN, would put perhaps unwelcome time pressure I hope your resolution is adopted with Chairman, U.S. Senate Judiciary Subcommittee on both the President-elect and the Senate— great bi-partisan support. Best wishes to on the Constitution, Civil Rights & Property while also putting the sitting President in a you. Rights, Washington, DC. mildly awkward position. Nonetheless, the Very truly yours, DEAR SENATOR CORNYN: I am writing to text of the Resolution is not rigid (‘‘should WALTER E. DELLINGER, commend you for drafting the Resolution consider’’), and there are large virtues, for of O’Melveny & Myers LLP.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00156 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8773

THE COLLEGE OF WILLIAM & MARY FLORIDA INTERNATIONAL UNIVERSITY, line of presidential succession. The practice SCHOOL OF LAW, Miami, FL, July 22, 2004. created by the Resolution, in connection Williamsburg, VA, July 22, 2004. Hon. JOHN C. CORNYN, with the proposed changes to the succession Hon. JOHN CORNYN, U.S. Senate, statute, thus provides the only way to ensure U.S. Senate, Committee on the Judiciary, Sub- Washington, DC. a popularly and politically justifiable meth- committee on the Constitution, Civil Rights, DEAR SENATOR CORNYN: I write in support od of presidential succession in the event of and Property Rights, Washington, DC. of your Sense-of-Senate Resolution, pro- an Inauguration Day tragedy. DEAR SENATOR CORNYN: I write to express posing a new informal practice for nomi- This informal practice benefits both polit- my support for the resolution you are intro- nating and confirming Cabinet officials when ical parties and the American People as a ducing suggesting that the President and the White House changes party hands. The whole, ensuring a smooth transition when- Senate should each consider taking par- Resolution urges an outgoing President to ever executive power transfers between par- ticular actions later this year to ensure a nominate, and the new Senate to hold hear- ties. In fact, the partisan cooperation inher- smooth transition and the continuity of gov- ings and confirm, some or all of the Presi- ent in the practice (an outgoing President of ernment. I share your concerns about pos- dent-elect’s Cabinet prior to the January 20 one party nominating the policy support of sibly crippling attacks against our govern- Inauguration. his successor) may ease the political rancor ment by terrorists and your efforts to ame- Thomas Jefferson’s ascension to the presi- in the wake of a heated election. This plan liorate the effects of any such attacks. I be- dency has been labeled the Revolution of 1800 deserves the support of both parties and lieve your proposed resolution expresses a in part because it marked one of the first should be passed. noble ideal for the President and the Senate peaceful and orderly transfers of executive Thank you for your time. Best of luck in to work together as smoothly and quickly as power. The continued peaceful and orderly your efforts. possible to ensure that the administration is transfer of executive power between political Cordially, fully staffed and operational during the crit- parties and ideologies has become a hall- HOWARD M. WASSERMANN. ical period after the 2004 presidential elec- mark of the American constitutional order. tion and before Inauguration Day in January However, the Inauguration ceremony that SENATE CONCURRENT RESOLU- 2005. attends this orderly transfer of power, with TION 131—CALLING ON THE GOV- I appreciate that resolutions on presi- leaders of all three branches of the federal ERNMENT OF SAUDI ARABIA TO dential nominations touch upon extremely government present, marks one of two peri- sensitive constitutional terrain. The Ap- CEASE SUPPORTING RELIGIOUS ods in which presidential succession and con- IDEOLOGIES THAT PROMOTE HA- pointments Clause of the Constitution vests tinuity is uniquely vulnerable to terrorist the President with the authority to nomi- attack. The other vulnerable period is when TRED, INTOLERANCE, VIOLENCE, nate certain high-ranking officials, and the President addresses a Joint Session of AND OTHER ABUSES OF INTER- presidents have fiercely protected this pre- Congress. And the safety valve used then— NATIONALLY RECOGNIZED rogative from encroachment by the Senate. having one person in the line of presidential HUMAN RIGHTS AND URGING The Appointments Clause also vests the Sen- succession, whether the Vice President or a THE GOVERNMENT OF THE ate with the authority to provide its ‘‘Advice Cabinet member, outside of Washington—is UNITED STATES TO PROMOTE and Consent’’ on presidential nominations, not available in the Inauguration scenario. and the Senate has defended this authority RELIGIOUS FREEDOM IN SAUDI The only people in the line of presidential from interference by any other branch. I be- ARABIA succession not present at the January 20 lieve your resolution has merit in part be- ceremony are Cabinet Secretaries (or per- Mr. SCHUMER (for himself and Ms. cause it accords due respect for the respec- haps only deputies acting as secretary) re- OLLINS tive appointments authorities of the Presi- C ) submitted the following con- dent and the Senate. It is non-binding. It maining from the outgoing administration. current resolution; which was referred does not require either branch to do any- It would be inconsistent with the expressed to the Committee on Foreign Rela- thing it prefers not to do. It shows due re- will of the People if a terrorist event on Jan- tions: uary 20, 2004 left the nation (only to use the spect for the autonomy of the President and S. CON. RES. 131 the Senate in exercising their respective au- next possible example of this scenario) not with four years of a President Kerry and Whereas the Department of State’s Coun- thorities over federal appointments. Separa- try Reports on Human Rights Practices for tion of powers problems arise when one Vice President Edwards, but with four years of Acting President Rumsfeld. 2003 concluded that human rights conditions branch encroaches upon, or seeks to usurp, remain poor in the Kingdom of Saudi Arabia; the authority of another branch. But, to its The proposal addresses this problem by en- suring that the Cabinet members in the line Whereas the Department of State’s Inter- credit, the resolution avoids such problems national Religious Freedom Report for 2003 by both acknowledging that its purpose is of succession during the handover of power on noon on January 20 will be the hand- concluded that religious freedom does not not to ‘‘alter the constitutional power of the exist in Saudi Arabia; President or the constitutional function of picked policy surrogates of the incoming President, those who had been chosen to help Whereas in a report on Saudi Arabia pub- the Senate with regard to the confirmation lished in May 2003, the United States Com- of Presidential nominations’’ and by calling the new President exercise executive power mission on International Religious Freedom upon the President and the Senate merely to and represent the national electoral con- has found that religious freedom does not ‘‘consider’’ taking certain actions later this stituency. Should tragedy strike the Inau- exist in Saudi Arabia and has concluded that year—the President in possibly nominating guration, the executive branch that emerges the Government of Saudi Arabia forcefully the President-elect’s nominees for cabinet conforms politically and ideologically with limits the public practice or expression of re- and other offices requiring confirmation, and the public will expressed the previous No- ligion to the Wahhabi interpretation of the Senate in considering holding confirma- vember. The acting president would be of the Islam; tion proceedings and votes on these nomina- same political party and policy commit- Whereas the Government of Saudi Arabia tions prior to the Inaugural. ments as the person just chosen by the Peo- I understand that the President-Elect may ple through the Electoral College. severely restricts non-Wahhabi places of not be able, for whatever reason, to nomi- I emphasize several aspects of the proposed worship and denies non-Wahhabi clerics nate all the people he would like by his inau- practice. First, it urges the Senate to hold entry into the country; gural. I also understand that the Senate may hearings and floor votes ‘‘to the extent fea- Whereas security forces of the Government not be able, for whatever reason, to act as sible.’’ This practice does not short-circuit of Saudi Arabia continue to abuse and tor- quickly as either the President-Elect or res- the Senate’s advice-and-consent role or rig- ture detainees and prisoners, including indi- olution suggests it ought to in taking final orous vetting of the President-elect’s Cabi- viduals held on account of their religious be- action upon his nominations. I also under- net. It commands that the Senate take best liefs or practices; stand that Presidents-Elect’s nominees efforts in the two-plus weeks between Janu- Whereas religious law is interpreted and sometimes run into troubles in confirmation ary 3 and Inauguration Day to confirm the enforced in Saudi Arabia in a manner that proceedings, and there is no way to prevent new Cabinet, particularly some or all of the affects every aspect of the lives of women in at least some impasses from occurring. But high-profile positions at the top of the De- Saudi Arabia and results in serious viola- your resolution does not require either the partments of State, Treasury, Defense, Jus- tions of the human rights of such women; President or the Senate to do anything in tice, and Homeland Security. Second, it Whereas the Government of Saudi Arabia particular; it merely expresses a noble ideal urges the outgoing President to sign and de- severely limits the freedom of movement of shared by those voting for it. liver Commissions to the new Secretaries on women and discriminates against women in I believe that this resolution, like your the morning of January 20, prior to the cere- education, employment, access to proposed constitutional amendment S.J. mony. Until that point, the lame-duck Presi- healthcare, marriage, and inheritance, Res. 23, should be commended for its non- dent still acts in the event of emergencies among other things; partisanship. I share your hope for a smooth with the counsel of his own Cabinet. Whereas the religious police in Saudi Ara- transition and continuity of the government Finally, the Resolution must be considered bia, known as the ‘‘Mutawaa’’, arbitrarily for whoever wins this November. in light of the Presidential Succession Act of raid private homes and exercise broadly de- Very truly yours, 2004, S. 2073, 108th Cong. (2004), which (prop- fined, vague powers, including the ability to MICHAEL J. GERHARDT, erly, both as a constitutional and policy use physical force and detain individuals Arthur B. Hanson Professor of Law. matter) removes legislative officers from the without due process;

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00157 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8774 CONGRESSIONAL RECORD — SENATE July 22, 2004 Whereas the Mutawaa intimidate, harass, (D) to uphold the international commit- of any initiative or program described in abuse, and detain citizens and foreigners of ments made by Saudi Arabia by respecting subparagraph (F). both sexes; and protecting the human rights of citizens Whereas, although the Government of and foreigners of both sexes in Saudi Arabia; SENATE CONCURRENT RESOLU- Saudi Arabia has publicly affirmed that all (E) to ratify and fully comply with inter- TION 132—AFFIRMING THE SUP- residents of Saudi Arabia have the liberty to national human rights instruments and co- PORT OF CONGRESS FOR PRE- worship in private, for several years, and as operate with United Nations human rights recently as the fall of 2003, Shi’a clerics have mechanisms, and, in particular, to sign, rat- SERVING THE IMAGE OF ALEX- been arrested, imprisoned, and tortured for ify, and implement the International Cov- ANDER HAMILTON ON THE FACE expressing their religious views and some enant on Civil and Political Rights done at OF $10 FEDERAL RESERVE foreign workers have been arrested, de- New York December 16, 1966; NOTES BECAUSE OF HIS STAND- tained, tortured, and deported for worship- (F) to immediately implement promised ING AS ONE OF THE UNITED ping in private; judicial, political, economic, and educational STATES’ MOST INFLUENTIAL Whereas offensive and discriminatory lan- reforms; FOUNDING FATHERS guage has been found in school textbooks (G) to cease messages of hatred, intoler- sponsored by Saudi Arabia, sermons in ance, or incitement to violence against non- Mr. LAUTENBERG (for himself, Mr. mosques, and articles and commentary in Wahhabi Muslims and non-Muslim religious CORZINE, Mr. SCHUMER, and Mrs. CLIN- the media about Jews, Christians, and other groups in the educational curricula and text- TON) submitted the following concur- non-Muslims; books, mosques, and media controlled by the rent resolution; which was referred to Whereas, in March 2004, the Government of Government of Saudi Arabia; the Committee on Banking, Housing, Saudi Arabia detained and imprisoned sev- (H) to permit the establishment of inde- and Urban Affairs: pendent, nongovernmental organizations to eral democratic reformers for criticizing the S. CON. RES. 132 strict religious environment and the slow advance human rights and to promote toler- Whereas Alexander Hamilton helped found pace of reform in Saudi Arabia; ance in Saudi Arabia, and to take action to and shape the United States by dedicating Whereas the Government of Saudi Arabia, create an independent human rights commis- his life to serve distinguished careers as an which enjoys access to the United States sion for the same purposes; American revolutionary soldier and states- media, refuses to allow the transmission of (I) to safeguard the freedom of non-Mus- man; Radio Sawa, which promotes values of de- lims, and of those Muslims who do not follow Whereas in 1772, Alexander Hamilton ar- mocracy, tolerance, and respect for human the Wahhabi interpretation of Islam, to wor- rived in New York as a student from the rights, in Saudi Arabia; ship in private in Saudi Arabia; (J) to permit non-Wahhabi places of wor- West Indian Island of Nevis; Whereas the Government of Saudi Arabia Whereas in 1781, Lieutenant Colonel Alex- funds mosques, university chairs, Islamic ship, such as churches, to function openly in special compounds or zones for foreigners or ander Hamilton of the Continental Army led study centers, and religious schools known a regiment of New York troops in the Battle as madrassas, all over the world, in at least in unadorned buildings designated for this purpose; and of Yorktown, the decisive and final major 30 countries; battle in the Revolutionary War; Whereas there have been several reports (K) to permit the broadcasting of Radio Sawa throughout Saudi Arabia; and Whereas Alexander Hamilton served as a that some members of extremist and mili- (2) urges the President— strong voice in the Continental Congress and tant groups that promote intolerance, and in (A) in both public and private fora, to raise as an influential force as a New York Dele- some cases violence, in the Middle East, concerns at the highest levels with the Gov- gate to the Constitutional Convention of Eastern Europe, Central and South Asia, and ernment of Saudi Arabia regarding the ongo- 1787; Africa have been trained as clerics in Saudi ing and repeated violations of internation- Whereas Alexander Hamilton joined James Arabia; ally recognized human rights, including the Madison and John Jay to write a majority of Whereas there have been a growing number right to freedom of religion or belief, in the Federalist Papers that urged the people of reports that funding originating in Saudi Saudi Arabia; of New York to ratify the Constitution; Arabia, including, in some cases, from indi- (B) to designate Saudi Arabia a country of Whereas from 1789 to 1795, Alexander Ham- viduals and organizations associated with particular concern under section 402(b)(1)(A) ilton served in President George Washing- the Government of Saudi Arabia and the of the International Religious Freedom Act ton’s Administration as the first Secretary royal family, has been used to finance reli- of 1998 (22 U.S.C. 6442(b)(1)(A)) for the sys- of the Treasury and established the first gious schools and other activities that alleg- tematic, ongoing, and egregious violations of Bank of the United States to manage trade edly support religious intolerance, and, in religious freedom occurring in Saudi Arabia; and finance; some cases, violence, associated with certain (C) to encourage the Government of Saudi Whereas Alexander Hamilton’s innovative Islamic militant and extremist organizations Arabia to expeditiously implement the pub- mind created public credit, a circulating me- in several parts of the world; licly stated plans for judicial, political, eco- dium, and the financial framework of the Whereas in response to an April 2004 re- nomic, and educational reform in Saudi Ara- United States; quest of the Committee on Governmental Af- bia; Whereas Alexander Hamilton proposed the fairs of the Senate and the Committee on (D) to encourage the Government of Saudi creation of the Revenue Marines, today Government Reform of the House of Rep- Arabia to cease any funding of efforts to known as the Coast Guard, a branch of the resentatives, the Comptroller General of the propagate outside of Saudi Arabia any reli- military that Congress created to secure the United States is undertaking a study to de- gious ideology that explicitly promotes hate, revenue of the United States against contra- termine what the Government of the United intolerance, and other human rights viola- band; States is doing to identify, monitor, and tions, including violence; Whereas Alexander Hamilton exercised his counter the influence of funding and support (E) to request that the Government of vision for the United States to establish a from Saudi Arabia for individuals, organiza- Saudi Arabia provide an accounting of what strong domestic manufacturing base; and tions, and institutions that advocate vio- kinds of support from Saudi Arabia go to re- Whereas Alexander Hamilton is known as lence, intolerance, or religious extremism ligious schools, mosques, centers of learning, the ‘‘Father of Paterson’’ for his cham- outside of Saudi Arabia; and and other religious organizations globally, pioning of the Society for Establishing Use- Whereas the Government of Saudi Arabia including in the United States, and the ful Manufactures (SUM), a group that found- has made public statements pledging polit- names of such institutions; ed Paterson, New Jersey in 1791, and estab- ical, economic, and educational reforms and (F) to develop and expand specific initia- lished it as one of the first industrial centers the improved treatment of foreign residents, tives and programs in Saudi Arabia to ad- of the United States: Now, therefore, be it but it does not appear that such pledges are vance human rights, including religious free- Resolved by the Senate (the House of Rep- being carried out is Saudi Arabia: Now, dom, the rights of women, and the rule of resentatives concurring), That Congress af- therefore, be it law, including, the Greater Middle East Ini- firms its support for preserving the image of Resolved by the Senate (the House of Rep- tiative, and the Department of State’s Mid- Alexander Hamilton on the face of $10 Fed- resentatives concurring), That Congress— dle East Partnership Initiative, Middle East eral reserve notes because of his standing as (1) calls on the Government of the King- Democracy Fund, and Human Rights and De- one of the United States most influential dom of Saudi Arabia— mocracy Fund, international broadcasting, founding fathers. (A) to stop providing funding for religious including overcoming obstacles to broad- Mr. LAUTENBERG. Mr. President, I activities that promote hatred, violence, and casting Radio Sawa throughout Saudi Ara- rise today to submit a Senate concur- human rights violations; bia, and other public diplomacy programs; rent resolution which affirms the sup- (B) to stop providing diplomatic status to and port of Congress for preserving the Islamic clerics and educators teaching out- (G) to provide an unclassified report to side of Saudi Arabia who are not legally en- Congress on the efforts of the Government of image of Alexander Hamilton on the titled to such status; the United States to raise concerns regard- $10 bill. Alexander Hamilton is a (C) to close any Islamic affairs section of ing human rights, including religious free- Founding Father of our Nation. He was an embassy of Saudi Arabia that has been re- dom, with the Government of Saudi Arabia, a Lieutenant Colonel in the Revolu- sponsible for propagating intolerance; and the results of such efforts and the results tionary War, a voice in the Continental

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00158 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8775 Congress, and a delegate to the Con- the very least, remain on the $10 bill. propriate action with respect to the crisis in stitutional Convention. He authored There have been many Presidents, and Darfur, Sudan, particularly the failure by more than 50 of the 85 ‘‘Federalist Pa- there will be many more. But there the Commission to support United States– pers.’’ He organized the Revenue Ma- will be no more Founding Fathers. sponsored efforts to strongly condemn gross human rights violations committed in rines, known today as the Coast Guard, Darfur, and calls upon the United Nations and played a crucial role in the cre- SENATE CONCURRENT RESOLU- and the United Nations Secretary General to ation of the U.S. Navy. And Alexander TION 133—DECLARING GENOCIDE assert leadership by calling the atrocities Hamilton is the creator of one of Amer- IN DARFUR, SUDAN being committed in Darfur by their rightful ica’s first industrial and manufac- name: ‘‘genocide’’; Mr. BROWNBACK (for himself, Mr. turing centers, in Paterson, NJ. (5) calls on the member states of the Alexander Hamilton was also Amer- CORZINE, Mr. KOHL, Ms. LANDRIEU, Mr. United Nations, particularly member states ica’s first Secretary of the Treasury JOHNSON, Mr. LEVIN, Mr. DURBIN, Mr. from the African Union, the Arab League, and the founder of the first United FEINGOLD, Mr. LAUTENBERG, Ms. MI- and the Organization of the Islamic Con- ference, to undertake measures to prevent States Bank. He is responsible for the KULSKI, Mrs. DOLE, Mrs. BOXER, Mr. LIEBERMAN, Mr. ENZI, Mr. LEAHY, Mr. the genocide in Darfur, Sudan, from esca- financial system that our country lating further, including the imposition of maintains today. He created the first BYRD, Mr. FITZGERALD, and Mr. SMITH) submitted the following concurrent targeted means against those responsible for bank, the first tax system, the first the atrocities; budget, and a strong currency. He had resolution; which was considered and (6) commends the Administration’s leader- a vision for establishing the economic agreed to: ship in seeking a peaceful resolution to the viability of our fledgling country based S. CON. RES. 133 conflict in Darfur, Sudan, and in addressing on banking, investment, manufac- Whereas Article 1 of the Convention on the the ensuing humanitarian crisis, including Prevention and Punishment of the Crime of the visit of Secretary of State Colin Powell turing, industry, and commerce. We to Darfur in June 2004 to engage directly in are an economic superpower and a Genocide (signed at Paris on December 9, 1948) states that ‘‘the Contracting Parties efforts to end the genocide, and the provision model for the rest of the world in large confirm that genocide, whether committed of nearly $140,000,000 to date in bilateral hu- part because of Alexander Hamilton. in time of peace or in time of war, is a crime manitarian assistance through the United When we look to the Founding Fa- under international law which they under- States Agency for International Develop- thers who played significant roles in take to prevent and to punish’’; ment; the formation of America, we see that Whereas Article 2 of the Convention on the (7) commends the President for appointing among them, George Washington has a Prevention and Punishment of the Crime of former Senator John Danforth as Envoy for monument in our Nation’s Capital, and Genocide declares that ‘‘in the present Con- Peace in Sudan on September 6, 2001, and vention, genocide means any of the following further commends the appointment of Sen- his image is on the $1 bill and the quar- ator Danforth as United States Ambassador ter deservedly so. Thomas Jefferson acts committed with the intent to destroy, in whole or in part, a national, ethnical, ra- to the United Nations; also has an impressive memorial in cial or religious group, as such: (a) killing (8) calls on the Administration to continue Washington, the main building of the members of the group; (b) causing serious to lead an international effort to stop geno- Library of Congress is named after bodily or mental harm to members of the cide in Darfur, Sudan; him, and his image is on the $2 bill and group; (c) deliberately inflicting on the (9) calls on the Administration to impose the nickel—again, deservedly so. Alex- group conditions of life calculated to bring targeted means, including visa bans and the ander Hamilton’s image is on the $10 about its physical destruction in whole or in freezing of assets, against officials and other part; (d) imposing measures intended to pre- individuals of the Government of Sudan, as bill—and it should remain on the $10 well as Janjaweed militia commanders, who bill. There is perhaps no other Amer- vent births within the group; and (e) forcibly transferring children of the group to another are responsible for war crimes and crimes ican more responsible for the fact that group’’; against humanity in Darfur, Sudan; and we have a $10 bill. Whereas Article 3 of the Convention on the (10) calls on the United States Agency for Of course, Washington and Jefferson Prevention and Punishment of the Crime of International Development to establish a were our first and third Presidents. Genocide affirms that ‘‘[the] following acts Darfur Resettlement, Rehabilitation, and Many of our other Presidents have shall be punishable: (a) genocide; (b) con- Reconstruction Fund so that those individ- been or will be appropriately memori- spiracy to commit genocide; (c) direct and uals driven off their land may return and alized in some fashion. For instance, public incitement to commit genocide; (d) begin to rebuild their communities. our 40th President, Ronald Reagan, has attempt to committed genocide; and (e) had Washington National Airport and complicit in genocide’’; SENATE CONCURRENT RESOLU- Whereas in Darfur, Sudan, an estimated the second largest Federal building in TION 134—EXPRESSING THE 30,000 innocent civilians have been brutally SENSE OF THE CONGRESS THAT the country, only the Pentagon is big- murdered, more than 130,000 people have ger, named after him. The head- THE PARTHENON MARBLES been forced from their homes and have fled SHOULD BE RETURNED TO quarters of the Central Intelligence to neighboring Chad, and more than 1,000,000 Agency at Langley, VA, has been people have been internally displaced; and GREECE named after our 41st President, George Whereas in March 2004 the United Nations Mr. FITZGERALD (for himself, Mr. H. W. Bush. One of the four office Resident Humanitarian Coordinator stated: LIEBERMAN, and Mr. SARBANES) sub- buildings for the U.S. House of Rep- ‘‘[T]he war in Darfur started off in a small mitted the following concurrent resolu- way last year but it has progressively gotten tion; which was referred to the Com- resentatives has been named after our worse. A predominant feature of this is that 38th President, Gerald Ford. And the the brunt is being borne by civilians. This in- mittee on Foreign Relations: Old Executive Office Building—right cludes vulnerable women and children . . . S. CON RES. 134 next to the White House—has been The violence in Darfur appears to be particu- Whereas the Parthenon was built on the named after our 34th President, Dwight larly directed at a specific group based on hill of the Acropolis in Athens, Greece in the Eisenhower. their ethnic identity and appears to be mid-fifth century B.C. under the direction of We stand in a Senate Chamber systemized.’’: Now, therefore, be it the Athenian statesman Pericles and the de- steeped in history; in a country quite Resolved by the Senate (the House of Rep- sign of the sculptor Phidias. conscious and proud of its birth. We re- resentatives concurring), That Congress— Whereas the Parthenon is the ultimate ex- (1) declares that the atrocities unfolding in vere those individuals such as Wash- pression of the artistic genius of Greece, the Darfur, Sudan, are genocide; preeminent symbol of the Greek cultural ington, Jefferson, and Hamilton who (2) reminds the Contracting Parties to the heritage—its art, architecture, and democ- were present at the creation of our Convention on the Prevention and Punish- racy—and of the contributions that modern great Nation and helped to establish ment of the Crime of Genocide (signed at Greeks and their forefathers have made to the democracy we enjoy as a birth- Paris on December 9, 1948), particularly the civilization; right. It is our duty to uphold their Government of Sudan, of their legal obliga- Whereas the Parthenon has served as a legacy and preserve their image. Alex- tions under the Convention; place of worship for ancient Greeks, Ortho- ander Hamilton played an instru- (3) declares that the Government of Sudan, dox Christians, Roman Catholics, and Mus- as a Contracting Party, has violated the lims; mental role in our triumph in the Rev- Convention on the Prevention and Punish- Whereas the Parthenon has been adopted olutionary War, the birth of our de- ment of the Crime of Genocide; by imitation by the United States in many mocracy, and the establishment of our (4) deplores the failure of the United Na- preeminent public buildings, including the financial system. His image must, at tions Human Rights Commission to take ap- Lincoln Memorial;

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Whereas over 100 pieces of the Parthenon’s of the Congress that the Government of the SA 3572. Mr. FRIST (for Mr. KYL (for him- sculptures—now known as the Parthenon United Kingdom should enter into negotia- self, Mrs. FEINSTEIN, Mr. LUGAR, and Mr. Marbles—were removed from the Parthenon tions with the Government of Greece as soon BIDEN)) proposed an amendment to the con- under questionable circumstances between as possible to facilitate the return of the current resolution H. Con. Res. 398, express- 1801 and 1816 by Thomas Bruce, seventh Earl Parthenon Marbles to Greece. ing the concern of Congress over Iran’s de- of Elgin, while Greece was still under Otto- velopment of the means to produce nuclear man rule; SENATE CONCURRENT RESOLU- weapons. Whereas the removal of the Parthenon TION 135—AUTHORIZING THE SA 3573. Mr. FRIST (for Mr. KYL (for him- Marbles, including their perilous voyage to self and Mrs. FEINSTEIN)) proposed an amend- Great Britain and their careless storage PRINTING OF A COMMEMORA- ment to the concurrent resolution H. Con. there for many years greatly endangered the TIVE DOCUMENT IN MEMORY OF Res. 398, supra. Marbles; THE LATE PRESIDENT OF THE SA 3574. Mr. FRIST (for Mr. KYL (for him- Whereas the Parthenon Marbles were re- UNITED STATES, RONALD WIL- self and Mrs. FEINSTEIN)) proposed an amend- moved to grace the private home of Lord SON REAGAN ment to the concurrent resolution H. Con. Elgin, who transferred the Marbles to the Res. 398, supra. British Museum only after severe personal Mr. FRIST (for himself and Mr. SA 3575. Mr. MCCAIN submitted an amend- economic misfortunes; DASCHLE) submitted the following con- ment intended to be proposed by him to the Whereas the sculptures of the Parthenon current resolution; which was consid- bill S. 849, to provide for a land exchange in were designed as an integral part of the ered and agreed to: the State of Arizona between the Secretary structure of the Parthenon temple; the carv- S. CON. RES. 135 of Agriculture and Yavapai Ranch Limited ings of the friezes, pediments, and metopes Partnership; which was referred to the Com- are not merely statuary, movable decorative Resolved by the Senate (the House of Rep- mittee on Energy and Natural Resources. resentatives concurring), art, but are integral parts of the Parthenon, f which can best be appreciated if all the Par- SECTION 1. COMMEMORATIVE DOCUMENT AU- thenon Marbles are reunified. THORIZED. TEXT OF AMENDMENTS Whereas the Parthenon is a universal sym- A commemorative document in memory of the late President of the United States, Ron- SA 3567. Mr. ROBERTS submitted an bol of culture, democracy, and freedom, amendment intended to be proposed by making the Parthenon Marbles of concern ald Wilson Reagan, consisting of the eulogies not only to Greece but to all the world; and encomiums for Ronald Wilson Reagan, him to the bill S. 2386, to authorize ap- Whereas, since obtaining independence in as expressed in the Senate and the House of propriations for fiscal year 2005 for in- 1830, Greece has sought the return of the Representatives, together with the texts of telligence and intelligence-related ac- Parthenon Marbles; the state funeral ceremony at the United tivities of the United States Govern- Whereas the return of the Parthenon Mar- States Capitol Rotunda, the national funeral ment, the Intelligence Community bles would be a profound demonstration by service held at the Washington National Ca- Management Account, and the Central thedral, Washington, District of Columbia, the United Kingdom of its appreciation and Intelligence Agency Retirement and respect for the Parthenon and classical art; and the interment ceremony at the Ronald Whereas returning the Parthenon Marbles Reagan Presidential Library, Simi Valley, Disability System, and for other pur- to Greece would be a gesture of good will on California, shall be printed as a Senate docu- poses; which was ordered to lie on the the part of the British Parliament, and ment, with illustrations and suitable bind- table; as follows: would set no legal precedent, nor in any ing. On page 30, strike lines 10 through 16. other way affect the ownership or disposition SEC. 2. PRINTING OF DOCUMENT. of other objects in museums in the United In addition to the usual number of copies SA 3568. Mr. FRIST (for Mr. GREGG) States or around the world; printed, there shall be printed the lesser of— submitted an amendment intended to Whereas the United Kingdom should return (1) 32,500 copies of the commemorative doc- be proposed by him to the bill S. 720, to the Parthenon Marbles in recognition that ument, of which 22,150 copies shall be for the amend title IX of the Public Health the Parthenon is part of the cultural herit- use of the House of Representatives and age of the entire world and, as such, should Service Act to provide for the improve- 10,350 copies shall be for the use of the Sen- ment of patient safety and to reduce be made whole; ate; or Whereas Greece would provide care for the (2) such number of copies of the commemo- the incidence of events that adversely Parthenon Marbles equal or superior to the rative document that does not exceed a pro- effect patient safety; which was or- care provided by the British Museum, espe- duction and printing cost of $1,000,000, with dered to lie on the table; as follows: cially considering the irreparable harm distribution of the copies to be allocated in Strike all after the enacting clause and in- caused by attempts by the museum to re- the same proportion as described in para- sert the following: move the original color and patina of the graph (1). SECTION 1. SHORT TITLE. Marbles with abrasive cleaners; This Act may be cited as the ‘‘Patient Whereas Greece is constructing a new, per- f Safety and Quality Improvement Act of manent museum in full view of the Acropolis AMENDMENTS SUBMITTED AND 2004’’. to house all the Marbles, protected from the PROPOSED elements in a safe, climate-controlled envi- SEC. 2. FINDINGS AND PURPOSES. ronment; SA 3567. Mr. ROBERTS submitted an (a) FINDINGS.—Congress makes the fol- Whereas Greece has pledged to work with amendment intended to be proposed by him lowing findings: the British government to negotiate mutu- to the bill S. 2386, to authorize appropria- (1) In 1999, the Institute of Medicine re- ally agreeable conditions for the return of tions for fiscal year 2005 for intelligence and leased a report entitled To Err is Human the Parthenon Marbles; intelligence-related activities of the United that described medical errors as the eighth Where the people of Greece have a greater, States Government, the Intelligence Com- leading cause of death in the United States, ancient bond to the Parthenon Marbles, munity Management Account, and the Cen- with as many as 98,000 people dying as a re- which were in Greece for over 2,200 years of tral Intelligence Agency Retirement and Dis- sult of medical errors each year. the over 2,430-year history of the Parthenon; ability System, and for other purposes; (2) To address these deaths and injuries due Whereas the British people support the re- which was ordered to lie on the table. to medical errors, the health care system turn of the Parthenon Marbles, as reflected SA 3568. Mr. FRIST (for Mr. GREGG) pro- must identify and learn from such errors so in several recent polls; posed an amendment to the bill S. 720 to that systems of care can be improved. Whereas a resolution signed by a majority amend title IX of the Public Health Service (3) In their report, the Institute of Medi- of members of the European Parliament Act to provide for the improvement of pa- cine called on Congress to provide legal pro- urged the British government to return the tient safety and to reduce the incidence of tections with respect to information re- Parthenon Marbles to their natural setting events that adversely effect patient safety. ported for the purposes of quality improve- in Greece; SA 3569. Mr. FRIST (for Mr. KYL (for him- ment and patient safety. Whereas the British House of Commons Se- self, Mrs. FEINSTEIN, Mr. LUGAR, and Mr. (4) The Health, Education, Labor, and Pen- lect Committee on Culture, Media and Sport BIDEN)) proposed an amendment to the con- sions Committee of the Senate held 4 hear- is to be commended for examining the issue current resolution S. Con. Res. 81, expressing ings in the 106th Congress and 1 hearing in of the disposition of the Parthenon Marbles the concern of Congress over Iran’s develop- the 107th Congress on patient safety where in hearings held in 2000; and ment of the means to produce nuclear weap- experts in the field supported the rec- Whereas Athens, Greece—birthplace of the ons. ommendation of the Institute of Medicine Olympics—was selected as the host city of SA 3570. Mr. FRIST (for Mr. KYL) proposed for congressional action. the Olympics Games in 2004, and the Par- an amendment to the concurrent resolution (5) Myriad public and private patient safe- thenon Marbles should returned to their S. Con. Res. 81, supra. ty initiatives have begun. The Quality Inter- home in Athens in 2004; Now, therefore, be it SA 3571. Mr. FRIST (for Mr. KYL) proposed agency Coordination Taskforce has rec- Resolved, by the Senate (the House of Rep- an amendment to the concurrent resolution ommended steps to improve patient safety resentatives concurring), That it is the sense S. Con. Res. 81, supra. that may be taken by each Federal agency

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