E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION

Vol. 151 WASHINGTON, TUESDAY, MAY 24, 2005 No. 70 Senate The Senate met at 9:45 a.m. and was U.S. SENATE, CLOTURE VOTE called to order by the Honorable LISA PRESIDENT PRO TEMPORE, Mr. REID. Madam President, I think Washington, DC, May 24, 2005. MURKOWSKI, a Senator from the State it would be better—I haven’t had a of Alaska. To the Senate: Under the provisions of rule I, paragraph 3, chance to discuss this with the major- of the Standing Rules of the Senate, I hereby ity leader—to vitiate the vote on clo- PRAYER appoint the Honorable LISA MURKOWSKI, a ture and then set a time to complete The Chaplain, Dr. Barry C. Black, of- Senator from the State of Alaska, to perform the debate on Priscilla Owen. We would fered the following prayer: the duties of the Chair. be willing to do that. It would move Let us pray. TED STEVENS, things along. I wanted the leader to Eternal spirit, You have said that the President pro tempore. know that. We would be happy to talk truth will set us free. We thank You Ms. MURKOWSKI thereupon assumed about schedule, how much time people that Your freedom leads to harmony the Chair as Acting President pro tem- need, and what we are going to do the and not discord, to consensus and not pore. rest of the week. We haven’t had time conflict. Liberate us from deceptions f to talk this morning. and distortions that caricature reality Mr. FRIST. Madam President, we and misrepresent facts. RECOGNITION OF THE MAJORITY will talk over the course of the morn- Empower our Senators to find free- LEADER ing because over the next 5 days, with dom in being as true to duty as the the memorandum of understanding, we The ACTING PRESIDENT pro tem- needle to the pole. Continue to teach would like to move ahead and address pore. The majority leader is recog- them the fine art of conciliation and many of the judges. At the same time, nized. motivate them to continue to choose we have the nomination of John rational roads instead of emotional f Bolton, whom the Democratic leader dead ends. Lift them above partisan and I have briefly discussed. I do want rancor, and give them power to walk in SCHEDULE to be able to continue with the cloture Your light, to act in Your strength, to Mr. FRIST. Madam President, this vote that is now on the schedule for think in Your wisdom, to speak in morning we will continue debate in ex- noon today. It is important to do so in Your truth, and to live in Your love. ecutive session on the nomination of part because of the events of yesterday, Inspire each of us to stand for right, Priscilla Owen to be a U.S. Circuit and I want to follow regular order. even though the heavens fall. judge for the Fifth Circuit, and today With that memorandum of under- We pray in the Name of Him who is at noon we will have a cloture vote standing, which is important—it is not the truth. Amen. with respect to the Owen nomination. what the Democratic leader or I asked for—it is important that we see how it f In light of the events of yesterday, I expect cloture will be invoked this is going to be implemented, and the PLEDGE OF ALLEGIANCE afternoon. If that cloture vote is suc- first step will be that vote today. cessful, it is my desire to proceed expe- We do have a lot to do this week. I The Honorable LISA MURKOWSKI led want to keep things organized effi- the Pledge of Allegiance, as follows: ditiously to vote on that confirmation. Members have had the opportunity to ciently and well and use time wisely. I pledge allegiance to the Flag of the speak for over 40 hours, and hopefully Mr. REID. Madam President, if I United States of America, and to the Repub- we will not need much time following could direct another question to the lic for which it stands, one Nation under distinguished leader, it was my under- God, indivisible, with liberty and justice for cloture. all. I am happy to yield to the Demo- standing of our conversation late last cratic leader. I have a brief statement night that we were not going to move f commenting on the events of last forward on more judges this period but night. move forward to other matters. Do you APPOINTMENT OF ACTING now feel differently? PRESIDENT PRO TEMPORE f Mr. FRIST. Well, I think we need to The PRESIDING OFFICER. The think how much we can do realistically clerk will please read a communication RECOGNITION OF THE MINORITY this week. With that understanding to the Senate from the President pro LEADER and the backlog we have on judges, if tempore (Mr. STEVENS). The ACTING PRESIDENT pro tem- we can move those expeditiously—and The legislative clerk read the fol- pore. The Democratic leader is recog- we put in a plan or process to do so— lowing letter: nized. we should do just that. We have had

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

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VerDate Aug 04 2004 01:23 May 25, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.000 S24PT1 S5816 CONGRESSIONAL RECORD — SENATE May 24, 2005 various offers from your side of the the principle, but it does put us in a po- that campaign of routine obstruction aisle on the Michigan judges and on sition to move forward expeditiously where one out of every three or four Griffith, and now we have this memo- without delay, without filibuster, giv- nominees coming from the President randum of understanding for up-or- ing these nominees the votes they de- who make it through the Judiciary down votes on three other nominees we serve and the courtesy of a vote. It is Committee, who make it to the Execu- have been debating. Leadership to lead- our responsibility to vote and give tive Calendar is filibustered, the con- ership, we ought to sit down and plan them that advice and consent through stitutional option is going to come out how we can deal with judges since we that up-or-down vote. again. I will bring it out. And once have waited a long time for these up- On the agreement, first, it does begin again, I will set a date to use it. If that or-down votes and since offers have to break the partisan obstruction we is what it takes to move this body for- been made back and forth. In light of have seen over the last 2 years. The- ward, we will do that once again. the understanding the 14 Senators matically, it is important to get away The constitutional option is not a came to, I think we should move expe- from extreme partisanship. Parties are threat. It ought to be used as a re- ditiously and address the judges who important, the clash of ideas is impor- sponse behavior which I believe is inap- have been waiting a long time. At the tant, But where partisanship is in- propriate to this body as we consider same time, we have other very impor- jected into the system and brings ad- nominees. All the constitutional option tant business—John Bolton to be Am- vice and consent to a stop, it is wrong. does is it brings it to the floor. One bassador to the U.N.—which we do need I believe that is the spirit in which the hundred Senators can make the deci- to address as well. memorandum of understanding, with As I say that, I want to make an ap- seven Senators from both sides of the sion as to whether the fairness of up- peal to Senators. A lot has been said aisle, was written. or-down votes is a principle to which about many of the judges, and I don’t Indeed, Priscilla Owen will get an up- they agree. believe we have to say it again. Wheth- or-down vote later today. Janice Rog- I look at all of this today as having er it is on Priscilla Owen, who I am ers Brown will get an up-or-down vote. the opportunity to begin the execution confident will get an up-or-down vote, William Pryor will get an up-or-down of the memorandum of understanding, or on to some of the other judges, I vote. They all will receive the courtesy using regular order of business. The want to make sure everything gets and fairness of a vote. regular order is, as was set out several said. But on a lot of these, we have had Other qualified nominees who have weeks ago, to debate Priscilla Owen ex- a lot of debate. I would like to sit down been waiting deserve that same cour- tensively, exhaustively, which we have with the Democratic leader, in light of tesy and fairness. Why just those done, over 21 days of debate on the Sen- the events of yesterday, and plan out three? Why exclude two others? Why be ate floor on Priscilla Owen, and then this week so it will be productive. We silent on others? That is where the bring it to closure. We had to file a clo- have a lot of other important business, agreement stops far short of the prin- ture motion. We made an offer of 10, 15 such as an energy bill and a highway ciple I have brought to the floor, a hours, and that was turned down by the bill, that we need to also address. principle based on fairness. other side. So we filed a cloture peti- f Second, the agreement, if followed in tion, and we will have the cloture vote good faith, will make filibusters in the in regular order. Depending on the out- THE MEMORANDUM OF future, including Supreme Court nomi- UNDERSTANDING come, we will in all likelihood move to nees, almost impossible. The words in an up-or-down vote. Mr. FRIST. Madam President, I wish that agreement of ‘‘will not filibuster to briefly comment on the events of except under extraordinary cir- I expect this afternoon that we will last night. The evening moved very cumstances,’’ obviously, I am con- confirm Priscilla Owen and, by the end quickly, and it did alter the course of cerned about because if extraordinary of the week’s process, Janice Rogers what likely would have occurred over circumstances are defined as they were Brown, and William Pryor. I will work the course of today. Certain adjust- in the last Congress, which I believe is with the minority leader in terms of ments will be made and are being wrong, on people such as Miguel the best timing. I will work with the made, as we just heard in the colloquy Estrada, who came to this country as Judiciary Committee as well and other between the Democratic leader and I, an immigrant from Honduras, not able Senators to move forward expedi- in terms of the schedule. Although I to speak English very well, who with tiously on other nominees. am not a party of the memorandum of hard work worked his way to the top of We have had discussions and offers understanding signed last night by 14 his profession, arguing 15 cases in the from the other side to move ahead with of our colleagues, I have had the oppor- Supreme Court, if that is extraordinary Tom Griffith, which I hope we can do tunity to further review that agree- circumstances, then this agreement shortly; offers on the Sixth Circuit ment in more detail. will mean very little. We have to wait nominees David McKeague, Susan Neil- I do believe the memorandum of un- and see. The agreement will have to be son, and Robert Griffin, all of whom de- derstanding makes modest progress in monitored. The implementation of the serve a vote on the floor of the Senate, that three individuals will get up-or- memorandum of understanding is crit- an up-or-down vote. So all this has down votes on the floor of the Senate. ical. been a very significant, substantial de- To me, it does stop far short of guaran- Third, let me be clear: The constitu- bate. teeing judicial nominees the fair up-or- tional option remains on the table. It down votes they deserve—other nomi- remains an option. I will not hesitate I believe the injustice of judicial ob- nees, nominees in the future. to use it if necessary. It should be used struction in the last Congress has been I say that and recognize that with ci- as a last resort. Nobody wants to use exposed, talked about, recognized, and vility and trust, which are two values I the constitutional option, but it is the I believe we have now—it is not guar- have tried to stress again and again, only response if there is a change in be- anteed—the opportunity to return to and with that memorandum of under- havior as we saw in the last Congress the traditions of 214 years and prece- standing being a starting point and the that is extraordinary, which is some- dents of 214 years to give these nomi- spirit in which it was generated, I be- thing that I believe has been absolutely nees fair up-or-down votes. lieve we can successfully bring these rejected by the memorandum of under- I hope that progress continues. I am nominees to the floor, after coming standing in saying that we are not confident it will. I am cautiously opti- through the Judiciary Committee, de- going to be filibustering as we did in mistic. Fair up-or-down votes is a prin- bate them extensively, and ultimately the last Congress. ciple I believe in and will continue to bring them to a vote. I believe that is My goal is restoring the principle of fight for on the floor of the Senate. the spirit. It will be spun by the left fair up-or-down votes, the principle and the right and conservatives and that governed this body for 214 years I yield the floor. liberals in various ways. I did not sign until the last Congress. The ACTING PRESIDENT pro tem- off on the memorandum of under- I will say that if the other side of the pore. The Democratic leader is recog- standing because it stops far short of aisle acts in bad faith, if they resume nized.

VerDate Aug 04 2004 01:23 May 25, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.002 S24PT1 May 24, 2005 CONGRESSIONAL RECORD — SENATE S5817 DOING THE WILL OF THE PEOPLE this is going to take an hour or two. seven Senators on each side agreed Mr. REID. Madam President, I sup- There are things we have to talk about they would act in a certain way and port the memorandum of under- with Bolton. issued the statement they did. It does standing. It took the nuclear option off As I indicated last night, last night not reflect the majority of either the table. It is gone for our lifetime. was a good day for the Senate and party, but it does reflect, in my view, We don’t have to talk about it any- today is a good day. Let’s move for- the fact that a majority of this Con- more. I am disappointed there are still ward and work as the Senate feels it gress does not believe that filibusters the threats of the nuclear option. Let’s should work. There have been no rule are the way to go and should not occur move on. We need not go over this, but changes. We are here to do the will of except in extraordinary circumstances. there were 218 nominees of the Presi- the people of this country. Frankly, I think that is not the prin- ciple we need to adhere to. When Presi- dent and we turned down 10. f All filibusters are extraordinary. dent Clinton was President and he RESERVATION OF LEADER TIME There will be filibusters of judges and sought nominees that he chose for the of other things. That is what the Sen- The ACTING PRESIDENT pro tem- Federal bench, and people on the Re- ate is all about. That is what the 14 pore. Under the previous order, leader- publican side discussed whether a fili- Senators acknowledged. I admire and ship time is reserved. buster was appropriate, the Repub- licans clearly decided no and allowed respect what they did. I am thankful f they kept me advised as to what they nominees such as Berzon and Paez to EXECUTIVE SESSION have an up-or-down vote. They were were doing. It is too bad there were not given an up-or-down vote and both other opportunities to make a ‘‘deal’’ were confirmed, even though they were between the majority leader and me. NOMINATION OF PRISCILLA controversial. I think that was signifi- We have to understand that the Sen- RICHMAN OWEN TO BE UNITED ate needs to operate. I say to my cant. STATES CIRCUIT JUDGE FOR I have to tell you how thrilled I am friend, the distinguished majority lead- THE FIFTH CIRCUIT that Judge Bill Pryor will be able to er, there was an agreement made on get an up-or-down vote. He is one of three judges. We feel the merits of The ACTING PRESIDENT pro tem- the finest nominees who has come be- those three judges are not good and pore. Under the previous order, the fore this body. The hard left groups out that we need time to talk about those Senate will resume executive session there, who have been driving this proc- three judges. We will continue to do to consider the following nomination, ess, attacked him early on and mis- that. The rules of the Senate have not which the clerk will report. represented his positions, his char- been changed. That is what is so good The assistant legislative clerk read acter, his integrity, and his legal phi- about the agreement of these 14 Sen- the nomination of Priscilla Richman losophy. They called him an activist, ators, who rose above the battle and Owen, of Texas, to be United States when he is exactly the opposite of that, did the right thing. Circuit Judge for the Fifth Circuit. and they created a storm and were able I am willing to work with the major- The ACTING PRESIDENT pro tem- to generate a filibuster against him. He ity leader. I have said that publicly and pore. Under the previous order, the had a majority of votes in the Senate, privately. But we have to be realistic. time until 11:40 shall be equally divided if he could have gotten an up-or-down Unless we work into next week, we between the two leaders or their des- vote. But he was denied that through cannot do all these judges. If that is ignees. the inability of the majority to cut off the order—that we are going to work The Senator from Alabama is recog- debate and have a vote. into next week—people should be told nized. Mr. SESSIONS. Madam President, I I am so glad the group of 14 who met that now. We are willing to work with- and looked at these nominees con- will say a few things about the com- in the confines of the rules of the Sen- cluded he was worthy of being able to promise that was reached last night. It ate. If cloture is invoked today, the get a vote up or down. I have to say has a lot of good things in it. I think, rule is you get 30 hours. We are happy that has colored my pleasure with the first and foremost, it represented a to work on that to shorten it a little agreement, even though I know some consensus of a group of Senators who bit and to have a vote sometime tomor- other good judges or nominees were not would represent the majority, saying row and then go to other matters. I part of the agreement. would think we could go to another that filibusters are not to be routinely I want to point this out. The minor- judge—a controversial judge. We have utilized in the confirmation process. As ity leader seems to suggest that fili- indicated that the judges from Michi- a matter of fact, they said only in ‘‘ex- busters are here to stay and they are gan are not controversial. They were traordinary circumstances’’ should a normal and logical, and get over it and held up on procedural things because of filibuster be utilized. accept it, and that, oh, no, the con- longstanding problems with the Michi- This was a rejection of what we have stitutional option can never be used. gan Senators. We would need to debate seen for over 2 years in the Senate. It That was not in that agreement and that for a while. was a movement toward the historical that is not what is in the hearts and We are here to work the will of the principles of confirmation that I think minds of a majority of the Senators in Senate. Again, I am somewhat dis- are very important. I think it is wor- this body. If this tactic of filibustering appointed that we still hear threats of thy of note that the majority leader, is continued to be used in an abusive nuclear option. That is gone. Let’s for- Senator BILL FRIST, who just left the way, or in a way that frustrates the get about it. I am happy that one of the floor, moved so ably on this issue. He ability of this Congress to give an up- things the 14 talked about is having spent nearly 2 years studying the his- or-down vote to the fine nominees of some consultation with the President. tory, seeking compromises, working President Bush, there has been no I am confident that will work out bet- with colleagues on both sides of the waiver of the right to utilize the con- ter for the White House and the Sen- aisle, and as of a few weeks ago had, I stitutional option. ate. I hope that transpires. We here believe, quite clearly achieved a major- As I understand it, even yesterday want to move forward. We have so ity of the Senators who were prepared Senator BYRD, on the Senate floor, ad- much that needs to be done. to exercise the constitutional option to mitted the constitutional option is a The distinguished majority leader establish the rule that we would not valid power of the Senate majority. I has talked about things that need to be filibuster judicial nominees. We have would say this. It ought not to be done, such as the Bolton nomination, not had a judicial filibuster in 214 years abused; it ought not to be used for which is also controversial. We will be and we should not have one now. A ma- light or transient reasons. It ought to happy to try to work to some degree to jority in this Senate was prepared to be used only in the most serious cir- make that as easy as possible for ev- act to ensure that we would not have cumstances—the most serious cir- erybody. It is a difficult issue. I have one. cumstances of the kind we have today spoken to Senator BIDEN early this It was only at that point that serious when, after 200 years of tradition, 200 morning. He has a plan as to what he discussions began on a compromise years of following the spirit of the Con- feels should be done on Bolton. None of and, as a result of those discussions, stitution to give judges up-or-down

VerDate Aug 04 2004 02:34 May 25, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.004 S24PT1 S5818 CONGRESSIONAL RECORD — SENATE May 24, 2005 votes, the Senate is systematically al- Pryor who, when asked did if he said like to make them agree with the tered as it was in the last Congress. abortion was bad, answered: Yes, sir, I judge’s philosophy. Many today seem That is why it was brought out, and do. And when he was asked: Do you to think they are at liberty to do this. with the threat of the constitutional still believe it? He said: Yes, sir. I do. In fact, some judges go back and try to option and a majority of Senators who He had a record, fortunately, that he twist, bend, stretch the meaning of were prepared to support it, a com- could then call on to show that he was words to promote agendas in which promise was reached. I believe it is sig- prepared to enforce the law whether he they believe. Priscilla Owen does not nificant. agreed with it or not. If he had been in believe in that and has spoken against Finally, I want to note it is exceed- the legislature, he might have voted it. ingly important that we, as Members differently. But as a judge or as attor- Her philosophy as a judge reflects re- of this Senate, understand how judges ney general, he had a record on which straint, and a dedication to following should be evaluated, how they have ba- he could call to show that he enforced the law. That is what she has stood for, sically always been evaluated, except the law. and she has been criticized roundly as in recent times. How should they be For example, Judge Pryor would cer- being an extremist—a judge who re- evaluated? They should be evaluated tainly have opposed partial-birth abor- ceived 84 percent of the vote and was on their judicial philosophy, not their tion, one of the worst possible abortion endorsed by every newspaper in the political views or their religious views. procedures. But as attorney general in State. There are nominees who have come be- the 1990s, when Alabama passed a par- Judge Priscilla Owen also was rated fore this Senate who have dem- tial-birth abortion ban, he wrote every by the American Bar Association onstrated through a career of practice district attorney in the State on his unanimously well qualified, the highest that they comply with the law, wheth- own motion—he did not have to, but he rating they give. This is not an extrem- er they agree with it or not. Some of had the power to do so as attorney gen- ist. them are pro-life, some of them are eral—and told them that portions of What was it here? Outside groups pro-choice, some of them are for big that bill, with which he probably who have made a history of identifying Government, some of them are for agreed, were unconstitutional and and attacking these nominees have smaller Government, some of them are should not be enforced. mischaracterized her, just as they did for strong national defense, some of Later, when the Supreme Court of Judge Pryor. Both of these nominees, them are not. That is not the test and the United States rendered the for example, have tremendous support cannot be the test. Stenberg decision that struck down an within their State, tremendous bipar- We had one situation that troubled even larger portion of the foundation of tisan support in conference. me. I was pleased eventually that this partial-birth abortion statutes that That is why I am confident the 14 nominee was confirmed. A man and a had passed around the country, he people who got together and reviewed woman—the man was nominated for wrote another letter to the district at- this situation felt they could not leave judge and had been No. 1 in his law torneys and told them the Alabama her or the other two judges off this list. school class. They had written a letter statute was unconstitutional. They just could not deny Janice Rogers to the members of their church, a Does that not prove what we are Brown, Priscilla Owen, or Judge Bill Catholic Church in Arkansas, and they about here? It is not your personal be- Pryor an up-or-down vote. They were discussed their view of marriage in the lief but your commitment to law that too decent, had too much of a good Christian tradition. They affirmed that counts? record, too many supporters in the Af- and quoted from Scripture. We had per- What about the circumstance when rican-American community, in the sons attack that nominee because they he was accused of being too pro-reli- Democratic leadership of their States, said it somehow elevated a man over a gion? I do not think the facts show an and that is why they were given this woman. That is not the rich tradition abuse of his power in any way. In fact, vote. of marriage as was explained in their he found himself in the very difficult I think perhaps we are now moving letter. But it led to that attack. That circumstance in Alabama of being the forward to a new day in confirmations. made starkly clear in my mind what is attorney general and having the re- I hope so. We have been far too bitter at stake here. This is the question: Are sponsibility to prosecute or present the in attacking good people. Records have we to expect that every nominee that case against the sitting chief justice of been distorted dishonestly, particu- comes here has to lay out their per- the Alabama Supreme Court who larly by outside groups and sometimes sonal philosophy, their marital philos- placed the Ten Commandments in the that has been picked up by Senators. ophy, their religious beliefs, and we sit supreme court building. The chief jus- My Democratic colleagues have and judge them on whether we agree tice had been ordered to remove it by outsourced their decisionmaking proc- with that? the Federal courts, and he did not re- ess at times, I am afraid. They have al- Is that the way you judge a judge to move it. Other judges removed it. At- lowed the People for the American Way see if they are qualified: Do I agree torney General Bill Pryor presented and Ralph Neas and the Alliance for with their theology? Do I agree with that case, and Judge Moore was re- Justice, the people who spend their their political philosophy? Do I agree moved from office. lives digging up dirt, sullying people’s with their opinion on Franklin Delano That was a big deal. It was a tough reputations, twisting facts, taking Roosevelt? Is that what we do? deal. Time after time, he has done cases out of context, taking statements We cannot do that. We should not do that. out of context, taking speeches out of that. We ought to be pleased that a Priscilla Owen also is a nominee of context, posturing and painting nomi- nominee has cared enough about his or the most extraordinary qualifications. nees as things they are absolutely not, her country to speak out on the issues She made the highest possible score on to influence their decisions. It is that come before the country. We the bar exam in Texas. That is a big wrong. Hopefully, we are now moving ought to be pleased that they have State and bar exams are not easy. She in a better direction. been active and they care and they par- is a brilliant lawyer, highly successful I am also hopeful that as a result of ticipate in the great political debate in in the private practice of law in Texas. this agreement, the nomination proc- America. But we ought not say to They encouraged her to run for the su- ess in the future will go better. Maybe them, because you said one thing about preme court. She did so. She won. The even issues such as transportation, en- abortion, and you are pro-life or you last time she ran, she received 84 per- ergy, and defense will go better in this are pro-choice, you can never follow cent of the vote in Texas. This is a pro- Congress. I hope so. I will try to do my the law of the Supreme Court or the fessional lawyer/jurist, brilliant, hard- part. Constitution and, therefore, we are not working, a woman of great integrity I want to say one thing, the constitu- going to allow you to be a judge. We and decency. She has questioned the tional option has not been removed cannot do that. That is a wrong step. concept or the idea that judges have a from the table. We cannot allow fili- I think that was implicit in this com- right to go back and reinterpret the busters to come back and be abused. promise—at least I hope it was. I think meaning of the Constitution or stat- We absolutely cannot. The majority it said that judges, such as Judge Bill utes and read into them whatever they should never allow that historic change

VerDate Aug 04 2004 01:23 May 25, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.005 S24PT1 May 24, 2005 CONGRESSIONAL RECORD — SENATE S5819 to occur while they have the ability to Mr. KENNEDY. And there is to be 1 the 214 years of the Senate, and bring resist and that ability still exists. I be- hour for one side, 1 hour to the other in the Vice President, who was going to lieve the majority leader, BILL FRIST, side, prior to the leadership time? rule according to his liking rather than is correct in that analysis. He has stat- The ACTING PRESIDENT pro tem- to the traditions of the Senate. ed the ideals of this Senate. He has re- pore. There is 47 minutes remaining for That kind of abridgement, that kind minded us of the history and traditions the minority. of destruction, that kind of running of the Senate. He has reminded us that Mr. KENNEDY. Madam President, I roughshod over the Senate rules is of- Republicans were faithful to that tradi- yield myself 10 minutes. fensive to the American people and of- tion and the Democrats need to be, too. First, I commend my friend and col- fensive to us. It was avoided by the ac- So I hope we will be able to move for- league, our leader, Senator REID, for tions that were taken last evening in ward with the consideration of more his perseverance during these past sev- which our Democratic leader was the and more nominees as President Bush eral weeks and adherence to the great principal architect and supporter. goes forward in his term, and that as traditions of the institution of the Sen- Yesterday was a day that will live in we do so, they will be given a fair hear- ate. It has been an extraordinary exam- American history, and our grand- ing. I hope that Senators on both sides ple of devotion to the Senate, to our children and their grandchildren will of the aisle will look at the facts and Constitution, the checks and balances discuss what happened. They will do so allegations about nominees to make which are written into the Constitu- with much more insight than we can today because they will know what the sure those are truthful, accurate, and tion. Our President has a veto, and the results of yesterday’s agreements actu- fair characterizations of them, and not Members of Congress have the right to ally turned out to be. I hope that his- mischaracterizations, not distortions, speak. There are those who would like tory will judge us well as an institu- not misrepresentations of what they to muzzle, silence, effectively cut off tion. We came close to having a vote are and what they have done. If we do the debate in the Senate. With this that threatened the essence of the Sen- that, we are going to be OK. agreement of last evening, that time, ate and of our Government. It risked hopefully, has ended. It certainly has Let me say this about President destruction of the checks and balances been for this Congress. Bush. He has gone to the American among the branches that the Framers people. He has stated his case to them. I was listening to some of my col- so carefully constructed. It risked de- He stated clearly and effectively he be- leagues earlier. I read from the agree- struction of the independence of the ju- lieves that judges should be committed ment about rules change: diciary, which is at the heart and soul to the rule of law, should follow the In light of the spirit and continuing com- of this issue. It risked an accumulation law, that they should not be activist, mitments made in this agreement, we com- of power in the President that might they should not seek to impose per- mit to oppose the rules changes in the 109th Congress, which we understand to be any have turned back the clock toward the sonal and political agendas through the day when we were subjects instead of redefinition of words of statutes or our amendment to or interpretation of the Rules of the Senate that would force a vote on a ju- citizens. Constitution. The American people dicial nomination by means other than We have avoided that confrontation have affirmed him in that. unanimous consent or rule XXII. and have done so within the traditions The Senate obstruction and filibuster The current rule. There it is. Yet we of the Senate: discussion, debate, nego- of Federal judges has been a big issue heard the mention by the leader earlier tiation and compromise. Moderation in the last two election cycles in this this morning that he believes somehow and reason have prevailed. As in any Senate, and Republicans have, as a re- the nuclear option is still alive and compromise, some on each side are un- sult, in my opinion—it is my opinion, I well. happy with specific aspects of the re- will admit—picked up six new Senate It does seem to me the American peo- sult, but the essence is clear. A major- seats. I think a large part of that is be- ple want to get about the American ity of this body does not want to break cause people in these States have been people’s business. This has been an its rules and traditions. Those rules concerned about the obstruction of enormous distraction. and traditions will be preserved. This body’s self-regulating mecha- good and decent nominees, and the peo- I listened to my friend and colleague nisms will continue to be a moderating ple of this country are of the opinion from Tennessee who says we want to influence, not only within the body but that their liberties are in jeopardy follow the rules and traditions of the also on the other House and the other when an unelected lifetime-appointed Senate, so we are going back to the branches of Government. Once again, judge starts setting social policy. If regular order. If we go back to the reg- the Senate has reminded the Chief Ex- they are not happy with my vote on so- ular order, we are going back to the cial policy, I can be removed from of- ecutive that we are not merely occu- traditions and rules as they stand: You pants of a beautiful building at the fice, but a judge has a lifetime appoint- have the vote of every member on this ment, and the American people under- other end of Pennsylvania Avenue. We side. That is not what the majority taught George Washington that lesson stand that. They understand that an leader was talking about. He was talk- activist judge is, indeed, antidemo- when we rejected one of his Supreme ing about we will go back to the reg- Court nominations. We taught Thomas cratic. It is an antidemocratic act ular order; he was going to change the when a judge, without accountability Jefferson that lesson when we refused order with a whole series of changed to convict an impeached Justice whose to the public, starts setting social and rules. political policy, as we have seen too opinions Jefferson did not like. We That is what the members of this taught Franklin Roosevelt that lesson often in recent years. side and the courageous Republicans on As a result, I believe we need to re- when he tried to pack the Supreme the other side found offensive. We be- Court. We taught Richard Nixon that turn to our traditions that have served lieve we ought to be about our people’s both sides well, and if we do that, we lesson when he sent us a worse nomi- business. We have approved 95 percent nee after we defeated his first nominee can move forward, I believe, to a better of the Republicans’ nominees. I am process on judges and other issues that for a Supreme Court position. sure some are, perhaps, pro-choice; As even the Republicans in the agree- come before this body. I am cautiously many of them—probably most of ment group said, this agreement should optimistic for the future. them—are pro-life. They have still persuade the President to take more I yield the floor and reserve the re- gone through. The real question is seriously the advice portion of the ad- mainder of our time on this side. whether we are going to be stampeded vice and consent. If the President un- The ACTING PRESIDENT pro tem- and be silenced with regard to judges derstands the message and takes it to pore. The Senator from Massachusetts. who are so far outside of the main- heart, his nominees will be better off, Mr. KENNEDY. Madam President, I stream of judicial thinking that it was the courts will be better off, and the understand that by previous agree- going to be the judgment of the major- Nation will be better off. ment, time is allocated; is that cor- ity leader that he was going to change Our principal goal was to preserve rect? the rules in a way that would deny the the ability of the Senate to protect the The ACTING PRESIDENT pro tem- Senate’s Parliamentarian, who has independence of the Federal courts, in- pore. That is correct. been the safeguarder of these rules for cluding the Supreme Court, and we

VerDate Aug 04 2004 02:34 May 25, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.007 S24PT1 S5820 CONGRESSIONAL RECORD — SENATE May 24, 2005 have succeeded in doing so. We have Austin American-Statesman: Pris- with Priscilla Owen, critical of her of sent a strong message to the President cilla Owen is so conservative she places being outside the mainstream. That is that if he wants to get his judicial herself outside of the broad main- the point we have basically made. nominees confirmed, his selections stream of jurisprudence and she seems This week, the American people are must have a broader support from the all too willing to bend the law to fit saying loudly and clearly that they are American people. her views. tired of the misplaced priorities and As a result of this agreement, we can Those are not leftwing fringe groups. abuse of power by the rightwing. This hope that no Senator will ever again That is the Austin American-States- agreement sends a strong message to pretend that the Constitution com- man. the President that if he wants to get mands a final vote on every Executive San Antonio Express News: She has his judicial nominees confirmed, his se- nominee, for it has never done so and it always voted with a small court minor- lections need to have broad support does not do so now. ity that consistently tries to bypass from the American people. We can hope that no one will again the law as written by the legislature. Going forward on any nomination, pretend that there has never been a fil- I have included at other times in the the President must take the advice and ibuster of a judicial nominee when they RECORD the 10 different occasions when consent clause seriously. The Senate is can look across the Senate floor at the current Attorney General of the not a rubberstamp for the White House. three Democratic Senators who wit- United States criticized Priscilla Owen The message of Monday’s agreement is nessed the Republican filibuster for being outside of the mainstream of clear: Abuse of power will not be toler- against Justice Fortas and Republican judicial thinking. I ask unanimous con- ated. Attempts to trample the Con- Senators who participated in other ju- sent that six or eight of those, and the stitution will be stopped. dicial filibusters. We can hope that no cases, be printed in the RECORD. Over the last few weeks, the Repub- one again will pretend that it is pos- There being no objection, the mate- lican Party has shown itself to be out- sible to break the fundamental Senate rial was ordered to be printed in the side the mainstream, holding up the rule on ending a filibuster without RECORD, as follows: Senate over the judges while gas prices shattering the basic bonds of trust that EXAMPLES OF GONZALES’S CRITICISMS OF have jumped up through the ceiling, make this institution the world’s OWEN stubbornly insisting on the Social Se- greatest deliberative body. In one case, Justice Gonzales held that curity plan that cuts benefits and I believe history will judge that we Texas law clearly required manufacturers to have not failed those who created be responsible to retailers that sell their de- makes matters worse, passing a budget America two centuries ago by what we fective products. He wrote that Justice that offers plenty to corporations but have done. We have fought off those Owen’s dissenting opinion would ‘‘judicially little to students, nurses, and cops, and who would have destroyed this institu- amend the statute’’ to let manufacturers off running roughshod over ethics rules. the hook. tion and its vital role in our Govern- These are not the priorities of the In a case in 2000, Justice Gonzales and a American people. The American people ment for shameful partisan advantage. majority of the Texas Supreme Court upheld By rejecting the nuclear option, the a jury award holding that the Texas Depart- want us to get back to what is of cen- Senate has lived up to its responsibil- ment of Transportation and the local transit tral concern to their lives, the lives of ities as a separate and equal branch of authority were responsible for a deadly auto their children, their parents, and their Government. accident. He explained that the result was neighbors. That is what we ought to be I say to my colleagues on both sides required by the ‘‘plain meaning’’ of Texas about doing, and preserving the Con- of the aisle, that agreement does not law. Justice Owen dissented, claiming that stitution and the rules of the Senate. Texas should be immune from these suits. The agreement that was made in a bi- change the serious objections to the Justice Gonzales wrote that her view mis- nominations that have been debated in read the law, which he said was ‘‘clear and partisan way does that, and it should the past days. Those of us who care unequivocal.’’ be supported by our colleagues in the about the judiciary, who respect main- In another case, Justice Gonzales joined a Senate. stream values, who reject the notion majority opinion that criticized Justice I reserve the remainder of our time. that judgeships are spoils to be award- Owen for ‘‘disregarding the procedural limi- The ACTING PRESIDENT pro tem- tations in the statute,’’ and ‘‘taking a posi- ed to political fringe groups, will con- pore. The Senator from South Caro- tion even more extreme’’ than had been ar- lina. tinue to oppose the nomination of Pris- gued by the defendant in the case. cilla Owen, Janice Rogers Brown, and In another case in 2000, private landowners Mr. GRAHAM. Madam President, No. William Pryor because they would roll tried to use a Texas law to exempt them- 1, there has been a lot said about last back rights and freedoms important to selves from local environmental regulations. night. I was one of the signatories of the American people. The court’s majority ruled that the law was the agreement. I think last night gives Now that these nominees are slated an unconstitutional delegation of legislative us a chance to start over. Seldom in to get a vote on the floor, I hope coura- authority to private individuals. Justice life do people get a chance to start over Owen dissented, claiming that the majority’s geous and responsible Republicans will and learn from their mistakes. opinion ‘‘strikes a severe blow to private There have been some mistakes made show their independence from the property rights.’’ Justice Gonzales joined a White House and thoroughly examine majority opinion criticizing her view, stat- for about 20 years on judges, and it fi- the records of each of them. If they do, ing that most of her opinion was ‘‘nothing nally all caught up with us. It started I hope they will agree that these nomi- more than inflammatory rhetoric which with Judge Bork. He was the first per- nees should not be given lifetime ap- merits no response.’’ son I can remember in our lifetime who pointments to the Nation’s courts, Justice Gonzales also wrote an opinion was basically subjected to ‘‘how will he where they will wield enormous power holding that an innocent spouse could re- decide a particular case,’’ and he was cover insurance proceeds when her co-in- over the lives of all Americans. attacked because of his philosophy, not sured spouse intentionally set fire to their because of his qualifications. It has Those of us who oppose the nomina- insured home. Justice Owen joined a dissent tion of Priscilla Owen have done so that would have denied coverage of the just gotten worse over time. Clarence with good cause because her record spouse, on the theory that the arsonist Thomas—we all remember that. makes clear that she puts her own ide- might somehow benefit from the court’s de- The truth is, when the Republicans ology above laws that protect the cision. Justice Gonzales’ majority opinion were in charge of the Judiciary Com- American people. I have made that stated that her argument was based on a mittee, there is a pretty good case to case. I just remind our colleagues of ‘‘theoretical possibility’’ that would never be made that some of President Clin- what the Houston Chronicle said. The happen in the real world, and that violated ton’s nominees were bottled up when the plain language of the insurance policy. Houston Chronicle, from her own area, In still another case, Justice Owen joined a we had control of the Judiciary Com- wrote that her record shows less inter- partial dissent that would have limited the mittee, and they never got out into the est in impartiality and interpreting right to jury trials. The dissent was criti- normal process. law than in pushing an agenda. She too cized by the other judges as a ‘‘judicial Where do we find ourselves now? It often contorts rulings to conform to sleight of hand’’ to bypass the Texas Con- started with an attack on one person her particular conservative outlook. stitution. because people did not like the philos- Those are not fringe groups. That is Mr. KENNEDY. This is Attorney ophy of that person, which was new for the Houston Chronicle. General Gonzales on the supreme court the Senate. Before that, when a judge

VerDate Aug 04 2004 02:34 May 25, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.009 S24PT1 May 24, 2005 CONGRESSIONAL RECORD — SENATE S5821 was sent over, we looked at whether service to the bar, Neanderthals? We about. But our seven Democratic col- they were qualified ethically and intel- have a chance to start over, and we leagues decided to find a middle way to lectually. better take it, because one thing the bring some calm to the body. I think One has to understand that there is a American people have from this whole we can get a conservative justice nomi- consequence to an election. When a show is that the Senate is out of touch nated and confirmed if we try hard. No- President wins an election, that Presi- with who they are and what they be- body should expect anything less from dent has a right to send nominees over lieve because we have allowed this George W. Bush. But there is a way to to the Senate for Federal courts. It has thing to sink into the abyss. Priscilla get there from here and I do believe the always been assumed that conservative Owen got 84 percent of the vote in seven Democrats who signed this people are going to pick conservative Texas, and JOHN CORNYN knows her agreement will work very hard to judges, and moderate and liberal people well. He served with her. She graduated make that happen along with all Sen- are going to be somewhere in the mid- at the top of her class; scored the high- ators at the end of day. dle. That has worked for 200 years. est on the bar exam. She has been a But if there comes a point in time in The bottom line is, the President can solid judge. What has been said about the future when one of the seven Demo- send over somebody who they think is her has been a cut-and-paste, manufac- crats believes this person before them conservative, and they can be fooled. tured character assassination. Whether is so unacceptable they have to get They can send somebody they think is she is in the mainstream, the best way back in the filibuster business, here is liberal, and over a lifetime they may to find out is when people vote. When what it means to the Republicans—be- change. What we have been able to do Priscilla Owen finally gets a vote here cause I helped write the language. It as a body is to push back but eventu- soon, you are going to see she is very means we will talk, we will listen, and ally give people a chance to be voted much in the mainstream, if a super- we will discuss why they feel that way. on. majority of Senators count for any- But it means I am back in the ball I was a ‘‘yes’’ vote. Senator DEWINE thing. She is going to get votes. She is game. If one of the seven decides to fil- and myself were ready to vote for the going to get a lot more than 50 of ibuster and I believe it is not an ex- nuclear option this morning if we had them. So is Judge Pryor. traordinary circumstance for the coun- to, the constitutional option. It can be The problem I have had with Bill try, for the process, then I have re- called whatever one wants to call it, Pryor and the way he has been handled tained my rights under this agreement but it would have been a mess for the is that he is the type person I grew up to change the rules if I think that is country. It would have been better to with. He is a conservative person. He is best for the country. That is only fair. end this mess now than pass it on to a good family man. But he has made My belief is we will never have to cross the next generation of Senators be- some calls in Alabama that are unbe- that bridge. But those who say this is cause if the filibuster becomes an insti- lievably heroic, when it comes to poli- a one-sided deal misrepresent what tutional response where 40 Senators tics and the law. Being for the Ten happened in that room. This is about driven by special interest groups de- Commandments is a big deal in Ala- moving forward, avoiding conflict in clare war on nominees in the future, bama. Judge Moore, Justice Moore the future by talking and trusting. the consequence will be that the judici- took that and rode that horse and beat But there may come a time, and I ary will be destroyed over time. People it to death and it got to be a hot issue hope to God it doesn’t happen, where can get rid of us every 6 years, thank in Alabama and it got to be a hot issue we go different directions. The only God, but once a judge is put on the all over the country. The attorney gen- reason we will ever go different direc- bench, it is a lifetime appointment. We eral of Alabama, Bill Pryor, followed tions is that we will start playing poli- should be serious about that. the law and took on Justice Moore. He tics again and lose sight of the com- We should also understand that peo- didn’t have to, but he chose to. mon good. ple who want to be judges have rejected At every turn he has proved to me he The two nominees who were in cat- the political life, and when we make is bigger than the political moment. egory two I think will get back in the them political pawns and political When he gets voted on, I am going to process in a fair way. The truth is all footballs, a lot of good, qualified men take this floor and we are going to talk of the nominees were never going to and women who are moderate, conserv- a little bit longer about him. The peo- make it. There are some Republicans ative, or liberal will take a pass on sit- ple in Alabama across the board should who will vote against some of these ting on the bench. If the filibuster be- be proud of Bill Pryor. He is going to nominees. But they all deserve a fair comes the way we engage each other on make a heck of a Federal judge. process and they all deserve to be fair- judges, if it becomes the response of Now, where do we go? This agree- ly treated. None of them deserve to be special interest groups to a President ment was among 14 Senators who be- called Neanderthals. who won who they are upset with, the lieved that starting over would mat- It is my hope and my belief we will Senate will suffer a black eye with the ter—14 Senators from different regions get this group of nominees fairly dealt American people, but the judiciary will of the country, supported by their col- with. Some are going to make it and slowly but surely become unraveled. leagues in a quiet fashion, more than some will not. But they will get the That is why I think we have a chance you will ever know. What happens in process back to the way it used to be. to start over. That is why I voted for us the future depends on all of us working As to the future, it is my belief that by to start over, and I hope we have together. It depends on trust and good talking and working together in col- learned our lesson. faith. The White House needs to talk laboration with the White House, we As to Priscilla Owen, it is the most with us more, and they will. Our Demo- can pick Supreme Court Justices, if manufactured opposition to a good per- cratic friends need to understand that that day ever comes, so that everybody son I have seen short of Judge Pick- the filibuster as a tool to punish can be at least happy with the process, ering, only to soon-to-be Judge Pryor George W. Bush is not going to sustain if not proud of the nominee. That is and a close third is Justice Brown. you very long and will put you on the possible because we have done it for 200 What has been said about these people wrong side of the American people and years. But please don’t say, as a Demo- is beyond the pale. They have been will eventually destroy the judiciary. crat, you can do anything you want to called Neanderthals. If one has some- The agreement says that in future do in the 109th Congress and nothing body they know and care about and nomination battles, the seven Demo- can happen, because that is not true. they are thinking about being a judge, crats will not filibuster unless there I have every confidence we can get I think they need to be given fair warn- are extraordinary circumstances. What through this mess, but there is no ing that if they decide a case that a does that mean? Well, we will know it agreement that allows one side to uni- special interest group does not like, a when we see it. It means we will keep laterally do what it would like to do lot of bad things are going to be com- talking. It means they don’t have to and the other side be ignored. Because ing their way. lay down in the road if there is a Su- if that were the case, it wasn’t much of Do we really need to call three people preme Court fight. There is going to be an agreement. who have graduated near the top of a Supreme Court nomination coming, I look forward to voting for Justice their class, who have had a lifetime of probably soon, and that is what this is Owen, I look forward to voting for

VerDate Aug 04 2004 01:23 May 25, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.011 S24PT1 S5822 CONGRESSIONAL RECORD — SENATE May 24, 2005 Judge Pryor, I look forward to voting what is happening. We in this body Mr. CORNYN. Madam President, for Justice Brown, and putting to rest need to be focusing on protecting the when I was in college and law school, the idea that these nominees were out pensions, the retirement security of all there was a character played by the ac- of the mainstream. the Americans who worked all their tress Gilda Radner on ‘‘Saturday Night I yield the floor. lives. They put that money aside and Live,’’ who was known best for pur- The PRESIDING OFFICER. The Sen- they count on that pension in retire- porting to do the news and would en- ator from Michigan. ment for themselves and their families. gage in this screed about some subject, Ms. STABENOW. Before my friend Now they are seeing that American and then she would be corrected, only and colleague from South Carolina dream eroded. Pension security, to have her then reply, ‘‘Never mind.’’ leaves, I want to congratulate him and strengthening Social Security, making I thought about that when I have my colleagues on both sides of the aisle sure health care is available to every contemplated the occurrences of the for bringing us to this point. The most American—these are the issues that, in last few days, particularly the last day important point about what has hap- this body, we need to be working on to- when it came to the sort of apocalyptic pened in the last 12 hours is we have gether because they directly affect terms that were used as we approached maintained the checks and balances in every single person we represent. breaking the logjam over the Presi- the Senate. We are retaining the abil- I am hopeful we will now be able to dent’s long-delayed judicial nominees. ity for minority views to be heard. put this aside and we will be able to But for this secret negotiation con- That is most important. move on with the people’s agenda for ducted by 14 Senators that none of the It is not always Democrats versus this country, creating opportunities for rest of the Senate was a party to, we Republicans. It could be little States, everybody to succeed, rewarding work, would be, I believe, about the process such as the State of my friend from making sure we are protecting and ex- of reestablishing the precedent of ma- Delaware, whom I see on the floor, panding American jobs and American jority rule that had prevailed for 214 versus Michigan or California. It could businesses, making sure we are energy years in the Senate, that would say be different groups of people. It could independent. any President’s nominees, whether be Great Lakes Senators banding to- We will be having legislation brought they be Republican or Democrat, if gether to protect our Great Lakes before us shortly. I know there is im- they have the support of a majority of versus others who want to divert portant bipartisan work going on. But the Senate, will get an up-or-down vote water. It could be a variety of issues. we need to say we are going to be inde- in the Senate. Senators who believe The fact that the Senate is the place pendent in terms of energy resources these nominees should be confirmed we can come together and minority and that we are going to move forward views can be heard is a part of our as well on issues that relate to na- can vote for them and those who be- democratic process. It is a part of our tional security—not only a strong de- lieve they should not be confirmed can democracy that has held us together fense abroad but making sure our po- vote against them. I was not a party to the negotiations for over 200 years. I commend my col- lice officers and firefighters have what leagues for standing up and saying no they need, and our emergency respond- and what happened in this room off the to eliminating the filibuster and no to ers, so that we have security at home. Senate floor, but I do have some con- eliminating the checks and balances of When somebody calls 911, they will cerns I wanted to express about what our Government. know they are going to get the re- has happened. It is important to recognize what It involves some compromise, as sponse they need in terms of their se- this so-called agreement among these these agreements always do. While I curity. personally will not support the nomi- We have a lot of work to do. People 14 Senators does and what it does not nation of the person before us today, I are expecting us to get about the peo- do. First of all, one of the things it understand that in order to maintain ple’s business. I am very proud that does, it means that at least three of the broad principle of checks and bal- last night our leader on this side of the the President’s nominees—Bill Pryor, ances in the Senate, in order to allow aisle, the Democratic leader, Senator Janice Rogers Brown, and Priscilla us to exercise our minority views at a REID, spoke to those issues. In praising Owen—will get an up-or-down vote on future point if there are extreme nomi- where we are now, the fact that we will the Senate floor and that they will be, nees coming forward, this was an im- continue to have the rules and checks I trust, confirmed to serve in the Fed- portant compromise to make. and balances of the Senate, he also eral judiciary. Part of that is an important piece then spoke about the fact that we have What this agreement by these 14 Sen- that Senator LEVIN and I contributed to get about the people’s business be- ators does not do, it does not give any to the process of allowing the Senate cause every day when people get up in assurance that other nominees of the to move forward on three nominees of the morning they are wondering what President—Mr. Myers, in particular, the Sixth Circuit from Michigan. So is going to happen that day for them- and others—will get an up-or-down there are compromises that have been selves and their families. vote that they deserve according to the made in the interests of the larger It is our job to do everything we can common understanding of the Senate good, in the interests of maintaining to make sure their hard work is re- for more than 200 years by which those the checks and balances, the ability for warded and opportunities for the fu- who enjoyed majority support did get us to work together on both sides of ture, for our children and grand- that vote and did get confirmed. the aisle to get things done for the children, are protected. This is a fight What this agreement says, we are American people. That is why we are for the future. It is a fight about where told, is that seven Democrats and, pre- here. we need to go as a country. Our fami- sumably, seven Republicans reserve the Now we need to get about the busi- lies are counting on us to turn to the right to filibuster judicial nominees ness of getting things done for people. things they care about every day. The under extraordinary circumstances, When I go home every weekend, when I values and priorities of the American but we are left to wonder what those talk to my family in Michigan, when I people need to be what we are talking extraordinary circumstances might be. talk to everyone I represent—families about and acting on in this Chamber. I What makes me so skeptical about this all across Michigan, they say, We want am hopeful we will very quickly turn agreement among these 14 is that ex- you to focus on jobs, American jobs. to those matters: jobs, health care for traordinary circumstances are in the We want our jobs here. We want to re- every single American, opportunities eye of the beholder. ward work in this country and know for our kids to be successful, energy Looking at the litany of false charges that when we work hard every day and independence, a strong defense here made against Priscilla Owen for the play by the rules, we are going to be and abroad. If we do that, then we will last 4 years makes me skeptical that able to care for our families and that be able to hold our heads high, because any nominee, no matter how qualified, we have respect for the dignity of work we will have done those things that no matter how deserving, that under and that we will reward Americans who matter most to the families we rep- appropriate circumstances our col- are working hard every day. resent. leagues, some of our colleagues, will They say to me they are desperately The PRESIDING OFFICER. The Sen- find the circumstances extraordinary concerned about their pensions. Look ator from Texas. and still reserve unto themselves what

VerDate Aug 04 2004 01:23 May 25, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.013 S24PT1 May 24, 2005 CONGRESSIONAL RECORD — SENATE S5823 they perceive as their right to engage ered by this agreement; that is, other and I hope we are reassured over the in a filibuster and deny a bipartisan nominees who have been pending for hours and days that lie ahead that majority our right to an up-or-down years who were not given, as Justice what has been established is a new vote. Owen, Justice Brown, and Judge Pryor precedent, one that says we will not fil- It is clear to me this agreement have been, the opportunity for an up- ibuster judicial nominees, we are not among these 14 to which 86 Senators or-down vote. going to assassinate their character, were not a party does not solve any- Let me say I hope I am wrong. But we are not going to spend millions of thing. What it does do is perhaps delay there is plenty of reason to be skep- dollars demonizing them. the inevitable. Senator DEWINE, in par- tical about this so-called agreement of I hope I am wrong and that we have ticular, one of the signatories of this these 14. Perhaps we will see a triumph a fresh start when it comes to judicial agreement, says this is an effort to of hope over experience, but our experi- nominations. The American people de- break the logjam on these three nomi- ence over the last 4 years has been a serve better. These nominees deserve nees, hopefully, change the standard by bad one and one which I don’t think re- better. This Senate deserves better which at least seven Senators on the flects well on the Senate. than what we have seen over the last 4 other side of the aisle will engage in a I hope I am wrong. I hope what has years. filibuster, and perhaps start anew. been established is a new precedent I yield the floor. I hope Senator DEWINE is correct in that says that the filibuster is inappro- The PRESIDING OFFICER (Mr. his reading and his understanding of priate and will not be used against ju- SUNUNU). The Senator from Delaware. this agreement. I was not a party to it; dicial nominees because of perceived Mr. CARPER. Mr. President, a week presumably, 84 Senators were not a difference in judicial philosophy, that ago, I stood in this Chamber and I re- party to it. Negotiations took place in people who have certain fundamental minded Members to look back some 200 a room where I didn’t participate, convictions will not automatically be years. The issue of how we are going to where the American people were not disqualified from judicial office. I hope nominate and confirm judicial ap- given the opportunity to listen and that is where we are. As we know, pointees is not a new issue. At the 1787 judge for themselves. though, extraordinary circumstances Constitutional Convention in Philadel- The thing that disturbs me most could be interpreted by some to mean phia, there were many issues to re- about this temporary resolution, if you that if you can vilify and demonize a solve. One of the last issues resolved can call it that, is that while 7 Repub- nominee enough, that, indeed, the fili- was, who is going to select these Fed- licans and 7 Democrats were a party to buster continues to be justified. We eral judges to serve a lifetime appoint- this agreement, a product of these ne- know from the false accusations made ment? gotiations, the fact is that the 7 Repub- against too many of President Bush’s Ben Franklin led the forces on one licans of this 14 would have agreed to nominees how easy that is to do. side in an effort to try to curb the pow- close off debate and would have agreed After $10 million—that is one esti- ers of this President we are going to es- to allow an up-and-down vote, while it mate I have heard—in the various spe- tablish to make sure we did not have a is clear that the 7 Democrats would not cial interest attack ads have been run king in this country. And Ben Franklin have agreed otherwise to withhold the against Priscilla Owen and Janice Rog- and those who sided with him said the filibuster and allow an up-or-down ers Brown and others, after $10 million judges ought to be selected by the Sen- vote. or more, perhaps, the American people ate, by the Congress. What reminds me so much of Rose- are told, never mind, we did not really There was another school of thought anne Rosannadanna on Saturday Night mean it; or even if we did mean it, you that prevailed as well in the Constitu- Live and Gilda Radner, now in effect are not supposed to take us seriously tional Convention, those forces led by what they are saying after 4 years of because what this is all about is a Alexander Hamilton. Hamilton and his character assassination, unjustified at- game. allies said: No, the President should tacks, and a blatant misrepresentation This is about the politics of char- choose the people who are going to of the record of these fine nominees, acter assassination, the politics of per- serve lifetime appointments to the they are saying, in effect, never mind, sonal destruction. In Washington, per- Federal bench. as if it never happened. But it did hap- haps people can be forgiven for believ- In the end, a compromise was pro- pen. It is important to recognize what ing that happens far too much. Indeed, posed and voted on. Here is the com- has happened. It is a blight on the that is what has happened with these promise: The President will nominate, record of this body, and it is further fine nominees. But now they are told, with the advice and consent of the Sen- evidence of how broken our judicial particularly in the case of Justice ate, men and women to serve lifetime confirmation process has been. Owen, after 4 years, never mind, all the appointments to the Federal bench. I have nothing but admiration for the things that were said about you, all the That compromise was voted on. It was courage of our majority leader in questions raised are beside the point, defeated. They wrangled for a while bringing us to this point. I believe if he and you are not going to serve on the longer and came back and they voted had not had the courage and deter- Fifth Circuit Court of Appeals after on the same compromise again. It was mination—and, I might add, our assist- waiting 4 years for an up-or-down vote. defeated. They went back and wrangled ant majority leader, MITCH MCCON- I worry some nominees in the future among themselves and came back and NELL—if our leadership had not had the will simply say: I am not going to put voted a third time on the same com- determination to bring us to this point, my family through that. I think about promise. And it was accepted. That was I have no doubt that we would not have Miguel Estrada, who waited 2 years for 1787. reached at least this temporary resolu- an up-or-down vote with the wonderful A lot of years have passed since then, tion. They are entitled to a whole lot American success story, but after 2 and this issue, this check and balance of credit for their courage and their years he simply had to say: I can’t wait that was embedded in our Constitution, willingness to hold the feet to the fire anymore. My reputation cannot sus- is one we have revisited over and over of those in the partisan minority who tain the continued unjustified attacks. again. We did it this week. It was a big would have denied a bipartisan major- I am simply going to withdraw. issue when Thomas Jefferson was ity the right to an up-and-down vote on Unfortunately, when we have good President, the beginning of his second these nominees. men and women who simply say, I term when he sought to stack the This agreement of these 14 Senators can’t pay the price that public service courts and was rebuffed by his own delays but does not solve the problem. demands of me and demands of my party. That was in the 1800s. It was a Of course, we all anticipate that before family, I fear we are all losers as a re- big issue in the 1900s when FDR, at the long, there will be a Supreme Court va- sult of that process. beginning of his second term, sought to cancy which will test this definition of I am skeptical of this agreement stack the courts, pack the courts. He, what these 14 call extraordinary cir- made by 14 after secret negotiations too, was rebuffed largely by his own cumstances. I wonder whether this that we were not a party to. Perhaps I party. standard will be applied to the other am being unduly skeptical. I hope I am Is this compromise hammered out nominees who were not explicitly cov- wrong. I hope what has happened today over the last couple of weeks going to

VerDate Aug 04 2004 01:23 May 25, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.015 S24PT1 S5824 CONGRESSIONAL RECORD — SENATE May 24, 2005 last forever? My guess is probably not. most pressing issues that face America: terred for now. This ill-advised power Just as this has been an issue of con- our huge and growing dependence on grab was thwarted through the work tention for over 200 years, it is prob- foreign oil, an enormous trade deficit and commitment of a bipartisan group ably going to be a source of con- and budget deficit, reining in the of 14 Senators who have prevented the troversy for a while longer. growth of health care and trying to Republican majority leader from pull- My friend from Texas, who spoke just make sure more people have health ing this potentially devastating trig- before me, talked about the mistreat- care available, winning this war on ter- ger. Pursuant to that agreement, I ex- ment of those who have been nomi- rorism, and finding ways to improve pect a few Democrats who had pre- nated to serve on the Federal bench by our Nation’s air quality. All those viously voted against cloture on the President Bush over the last 4 years. issues beg to be addressed. Owen nomination in the last Congress He mentioned a number, as it turns For this Senator, the good news that to vote in favor of cloture today. I un- out, about 10 out of over 200, who were comes out of this agreement over the derstand that they are taking this ac- confirmed over the last 4 years. He last 24 hours is that now we can turn to tion to save the Senate from the nu- mentions the 10 who, frankly, have had our Nation’s business. We can get back clear option and to preserve the fili- their lives disrupted, and in some cases to work. We need to. America wants us buster. were held up to poor commentary in to. This Republican tactic put the pro- the public and in the Senate with re- For the President and our friends in tection of the rights of the minority in spect to their worthiness to serve on the White House, let me say, in going this chamber in serious risk. That pro- the bench for a lifetime appointment. forward on judicial nominees, if you tection is fundamental to the Senate I like to practice treating other peo- will consult with the Congress—Demo- and to the Senate’s ability to act as a ple the way I want to be treated. I crats and Republicans—we can actually check and balance in our national gov- know most of us try to live by that approve most of those nominees. If this ernment. That protection is essential if credo. Sometimes we fall short. I know President will nominate mainstream we are to protect the independence of I do. But I think just to be fair we judges, conservative judges—I expect the Judiciary and the Judiciary is to ought to go back to the first 4 years of them to be Republicans—if he will remain a protector of the rights of all when Bill Clinton was President. It was nominate those, for the most part, if Americans against the overreaching of not just 5 percent of his nominees who they are not outside the mainstream, the political branches. were not confirmed. Some 19 percent of they will be approved. If the President I will continue to work in good faith, his nominees were not confirmed. It will actually consult with the Senate, as I have always done, to fulfill the was not that they were denied a vote as the Constitution calls for, we will be Senate’s constitutionally-mandated on the floor, they never got out of com- better off, he will be better off, and, role as a partner with the Executive mittee. frankly, our Nation will be better off. branch in determining who will serve One person—one person—could put a The same applies to the legislative in the Judiciary. I urge all Senators to hold, stop a nominee from even having agenda that is now before us. For if the take these matters to heart and to re- a hearing in the Senate Judiciary Com- administration, the President, will double our efforts to invest our advice mittee. A handful of Senators in the work not just with Republicans but and consent responsibility with the se- committee could deny a nominee ever with Democrats, too, we can make real riousness and scrutiny it deserves. As I coming out of committee to be debated progress, and when we look back on the have said before, just as Democratic and voted on in the Senate. And some- 109th Congress, we can say, with pride, Senators alone could not avert the nu- how the idea that Bill Clinton could that we got a lot done that needed to clear option, Democratic Senators only get 81 percent of his nominees get done. alone cannot assure that the Senate confirmed the first 4 years was OK for I yield back the floor. fulfills its constitutional role with the some, but yet a 95-percent approval The PRESIDING OFFICER. The Sen- check and balance on the Executive. I rate for this President’s nominees in ator from Vermont. believe Republican Senators will also his first 4 years was unacceptable. I see Mr. LEAHY. Mr. President, how need to evaluate, with clear eyes, each an irony there. I hope others do, too. much time is remaining on this side? of the President’s nominees for fitness. Let me talk about the compromise The PRESIDING OFFICER. Under If they have doubts about the suit- that is before us. Most compromises I the previous order, debate will con- ability of a nominee to a lifetime judi- have been familiar with, frankly, do tinue until 11:40. The minority side has cial appointment, well, they can no not leave either side especially happy 20 minutes remaining. The majority longer look the other way and wait for for the final result. And that certainly side has 1 minute remaining. Democratic Senators to save them is true in this case as well. But in the Mr. LEAHY. I thank the distin- from a difficult vote. And there will be final analysis, the center of this body guished Presiding Officer, my neighbor a number of difficult votes on the hori- has held, barely, but it has held. A crit- across the Connecticut River. zon on a number of problematic nomi- ical element of our Nation’s system of Mr. President, last night I spoke, nees. There may be even more. checks and balances has been tested, praising the Senators on both sides of But I also remind everybody that but it still lives. For that, most of us the aisle who came together to avert while the Senate is supposed to serve should be happy—and if not happy, we the so-called nuclear option. I see on as a check and balance, the whole proc- should at least be relieved. the floor the distinguished Senator ess begins with the President. I have I believe the path to a productive leg- from Pennsylvania, the chairman of served here with six Presidents. Five of islative session has been reopened, too. the Senate Judiciary Committee. I them have consulted with the Senate And almost like Lazarus rising from think those Senators have made his and worked with the Senate. President the grave, I think prospects for arriv- and my work a lot easier. I also com- Ford, President Carter, President ing at a middle ground on a whole mend the distinguished Senator from Reagan, former President Bush, and range of issues we face has a new lease Delaware for his comments. President Clinton have done that. on life. We need to transfer the trust This President, with the compliance Frankly, if this President would work that I hope has grown out of this nego- of the Republican majority, has tried with Senators on both sides of the aisle tiation among the seven Democrats to push the Senate across an unprece- to identify and nominate consensus and seven Republicans. I salute them dented threshold that would forever choices, we can easily add to the tally all for the good work they have done. I change and weaken this body. This of 208 confirmations. If the White am not going to get into naming move would have stripped the minority House will take the view that the names, but they know who they are, of the crucial rights that have been a President should be a uniter and not a and I am grateful to each of them. hallmark of this chamber, and it would divider, then we can make significant But what we need to do, as a body, as have fundamentally altered the bril- progress. a Senate, is to transfer some of the liant system of checks and balances de- The design of checks and balances en- trust that is a foundation of this agree- signed by the Founders. visioned by the Founders has served us ment. We need to capture that trust This misguided bid for one-party well for over 200 years, and the agree- and turn it to addressing some of the rule, the nuclear option, has been de- ment made last night has preserved it.

VerDate Aug 04 2004 01:23 May 25, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.018 S24PT1 May 24, 2005 CONGRESSIONAL RECORD — SENATE S5825 Judicial nominations are for lifetime included Alberto Gonzales and two to show bias against consumers, appointments to what has always been other appointees of then-Governor against victims, and against just plain revered as an independent third branch George W. Bush, is quite explicit in its ordinary people, as she rules in favor of of Government, one that while reliant view that Justice Owen’s position dis- big business and corporations. In fact, on the balance between the executive regards the law and that ‘‘the dis- according to a study conducted last and legislative branches, is actually senting opinion’s misconception . . . year by the Texas Watch Foundation, a controlled by neither. stems from its disregard of the proce- nonprofit consumer protection organi- For more than two centuries, these dural elements the Legislature estab- zation in Texas, over the last 6 years, checks and balances have been the lished,’’ and that the ‘‘dissenting opin- Priscilla Owen has not dissented once source of our Government’s stability. ion not only disregards the procedural from a majority decision favoring busi- It has been its hedge against tyranny. limitations in the statute but takes a ness interests over victims, but has We have to preserve them in the inter- position even more extreme than that managed to differ from the majority ests of the American people. We do argued for by the board. . . .’’ and dissent in 22 of the 68 cases where that so the courts can be fair and inde- In the case of In re Jane Doe, the ma- the majority opinion was for the con- pendent. We should not look at our jority includes an extremely unusual sumer. Federal judiciary as being a Demo- section explaining its view of the prop- As one reads case after case, her legal cratic judiciary or a Republican judici- er role of judges, admonishing the dis- views in so many cases involving statu- ary. It should be independent of all of senters, including Justice Owen, for tory interpretation simply cannot be us because they are the backstop to going beyond their duty to interpret reconciled with the plain meaning of protect the rights of all Americans the law in an attempt to fashion pol- the statute, the legislative intent, or against encroachment by the Govern- icy. In a separate concurrence, then- the majority’s interpretation. ment. And all Americans have a stake Justice Alberto Gonzales says that to This all leads to the conclusion that in that, no matter who may control the construe the law as the dissent did she sets out to justify a preconceived Government at any given time. ‘‘would be an unconscionable act of ju- idea of what the law ought to mean. The Senate remains available as a dicial activism.’’ This is not an appropriate way for a rudder that checks against abuse of I understand he now says that when judge to make decisions, but it is a way power, and as a keel that defends the he wrote that opinion he was not refer- for a judge to make law from the independence of the judiciary. As the ring to her. I recognize why he is say- bench—an activist judge. distinguished senior Senator from West ing that. Of course, he has to defend Justice Owen’s activism and extre- Virginia, Mr. BYRD, noted last night, not Governor Bush’s appointment but mism is noteworthy in a variety of the Senate has answered the call now President Bush’s nomination. But cases, including those dealing with sounded by Benjamin Franklin at the a fair reading of his concurring opinion business interests, malpractice, access conclusion of the Constitutional Con- leads me to see it as a criticism of the to public information, employment dis- vention by preserving our democracy dissenters, including Justice Owen. crimination and Texas Supreme Court and our Republic, as the Senate has And he admitted as much in published jurisdiction, in which she writes been called upon to do so many times statements in the New York Times be- against individual plaintiffs time and before. fore Justice Owen’s first hearing before time again, in seeming contradiction of Now we have before us the controver- the Judiciary Committee. the law as written. A few examples of sial nomination of Priscilla Owen. I In the case of In re Jane Doe III, Jus- this include: will probably speak to this nomination tice Enoch writes specifically to re- FM Properties v. City of Austin, more after the cloture vote, the cloture buke Justice Owen and her fellow dis- where Justice Owen showed her will- vote which now is a foregone conclu- senters for misconstruing the legisla- ingness to rule in favor of large private sion. For some reason we are still hav- ture’s definition of the sort of abuse landowners against the clear public in- ing it, but there is no question, of that may occur when parents are noti- terest in maintaining a fair regulatory course, that the Senate will now in- fied of the minor’s intent to have an process and clean water. Her dissent, voke cloture. abortion, saying: which the majority characterized as, Three years ago, after reviewing her Abuse is abuse; it is neither to be trifled ‘‘nothing more than inflammatory record, hearing her testimony, and with nor its severity to be second guessed. rhetoric,’’ was an attempt to favor big evaluating her answers, I voted against In Weiner v. Wasson, Priscilla Owen landowners. At her first hearing, and her confirmation, and I explained at went out of her way to ignore Texas since, Justice Owen and her supporters length the strong case against con- Supreme Court precedent to vote on the Committee have tried to recast firmation of this nomination. Nothing against a young man injured by a doc- this case as something more innocent, about her record or the reasons that tor’s negligence. The young man was but at the time she wrote her dissent, led me then to vote against confirma- only 15 years old. Her conservative Re- Justice Owen was certainly clear about tion has changed. publican colleagues on the court, led the meaning of this case—property I believe she has shown herself over by then-Justice JOHN CORNYN—now the rights for corporations. the last decade on the Texas Supreme junior Senator from Texas—lectured GTE Southwest, Inc. v. Bruce, is an- Court to be an ends-oriented judicial her about the importance of following other example where Justice Owen activist, intent on reading her own pol- that 12-year-old case and ruling in the wrote in favor of GTE in a lawsuit by icy views into the law. She has been boy’s favor, calling the legal standard employees for intentional infliction of the target of criticism by her conserv- she proposed ‘‘unworkable.’’ emotional distress. Despite the major- ative Republican colleagues on the In Collins v. Ison-Newsome, yet an- ity’s recitation of an exhaustive list of court, in a variety of types of cases other case where Justice Owen joined a sickening behavior by the supervisor, where the law did not fit her personal dissent criticized by the majority, the and its clear application of Texas law views, including in cases where she has court was offended by the dissenters’ to those facts, Justice Owen wrote a consistently ruled for big business and arguments. The majority says the dis- concurring opinion to explain that the corporate interests in cases against senters agree the court’s jurisdiction is conduct was not, as the standard re- workers and consumers. limited, ‘‘but then argues for the exact quires, so outrageous in character, and The conservative Republican major- opposite proposition. . . . This argu- so extreme in degree, as to go beyond ity of the Texas Supreme Court has ment defies the Legislature’s clear and all possible bounds of decency. The ma- gone out of its way to criticize her and express limits on our jurisdiction.’’ jority opinion shows Justice Owen’s the dissents she joined in ways that are These examples show a judge out of concurrence advocating a point of view highly unusual and in ways which step with the conservative Republican that ignores the facts in evidence in highlight her ends-oriented activism. majority of the Texas Supreme Court, order to reach a predetermined out- In FM Properties v. City of Austin, a majority not afraid to explain the come in the corporation’s favor. the majority called her dissent ‘‘noth- danger of Priscilla Owen’s activist City of Garland v. Dallas Morning ing more than inflammatory rhetoric.’’ views. News, Justice Owen dissented from a In Montgomery Independent School Justice Owen has made other bad de- majority opinion and, again, it is dif- District v. Davis, the majority, which cisions where she skews her decisions ficult to justify her views other than as

VerDate Aug 04 2004 01:23 May 25, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.019 S24PT1 S5826 CONGRESSIONAL RECORD — SENATE May 24, 2005 based on a desire to reach a particular Mr. REID. Mr. President, I ask unan- In any event, the agreement provides outcome. In this case, she seeks to imous consent that the couple of extra that ‘‘each signatory must use his or shield government decision-making minutes be divided between the major- her own discretion and judgment in de- from public view. ity leader and me. termining whether [extraordinary] cir- Quantum Chemical v. Toennies, an- The PRESIDING OFFICER. Without cumstances exist.’’ This, of course, is a other troubling case where Justice objection, it is so ordered. subjective test, as it always has been. Owen joined a dissent advocating an Mr. REID. Mr. President, in my re- The 14 Democrats and Republicans activist interpretation of a clearly marks this morning, I will speak very who entered into the agreement last written statute, this time in the con- briefly about the Priscilla Owen nomi- night, and the rest of us who were pre- text of employment discrimination. nation and, more generally, about the pared to vote against the nuclear op- The majority concluded that they must negotiations that led to the defeat of tion, stood for the principles of ex- rely on the plain language of the stat- the so-called nuclear option. As I said tended debate, minority rights, and ute as amended, which could not be this morning, the nuclear option is off constitutional checks and balances. any clearer that under Title VII dis- the table, and we should stop talking For 200 years, the Senate rules em- crimination can be shown to be a moti- about it after today. I continue, bodying those principles have pro- vating factor, contrary to Justice though, to oppose the nomination of tected our liberties and our freedoms. Owen’s more activist view. Priscilla Owen for the U.S. Court of Those rules have not made life easy for Mr. President, I said time and time Appeals. Presidents and parties in power, but again that when somebody walks into a As a member of the Texas Supreme that is the way our Constitution was Federal court, they should not have to Court, Justice Owen has consistently written, and that is good. say, I may be treated one way because ruled for big business, corporate inter- Most every occupant of the White I am a Republican and a different way ests, and cases against workers and House, most every majority on Capitol because I am a Democrat, or one way consumers. Her colleagues on the Hill, has grown frustrated with the because I am a plaintiff and a different Texas court, including the man who is need to build consensus instead of rul- ing by their own desires. But that is way because I am a defendant, or one now Attorney General of the United precisely what our Founding Fathers way because I am rich, and a different States, Alberto Gonzales, have criti- way because I am poor. They should be intended. That is our Constitution. cized her decisions. Judge Gonzales Those Founders created this body as treated on the merits of the case, no even called one of her opinions an act matter who they are. a place secure from the winds of whim, of ‘‘unconscionable judicial activism.’’ a place for deliberation and honorable In Priscilla Owen’s case, it was al- In case after case, her record marks her most predetermined how she would compromise. It is why Nevada, with its as a judge who is willing to make law little over 2 million people, has as rule based upon who you are. The rich from the bench rather than following and powerful are protected. The poor or much to say in this body as California, the language of the statute and the in- which has 35 million people. It is why those hurt by the rich and powerful— tent of the legislature. Even on the she is going to rule against you. This is sometimes we are governed not by the conservative Supreme Court of Texas, principles of ‘‘one man, one vote’’ but judicial activism. Justice Owen is a frequent dissenter, After all these years, I am sure the by the principles of one person who and her opinions reveal an extreme ide- President will get the votes to put rises with a voice of conscience and ological approach to the law. Priscilla Owen on the court. But would courage. As a result of the agreement an- it not have been better to have nomi- When Thomas Jefferson and Franklin nounced last night, it is clear that this nated somebody who would unite us Roosevelt tried to pack our courts, pa- nominee will receive an up-or-down and not divide us? triots of both parties put aside their Last night, 14 Senators—7 Repub- vote. I intend to vote against her con- personal interests to protect our Amer- licans and 7 Democrats—said: We will firmation. I urge my colleagues to do ican rights and rules. In Caro’s defini- protect the Senate, actually protect so as well. I specifically urge my Re- tive work, ‘‘Master of the Senate,’’ he the Constitution, protect advice and publican colleagues to render an inde- has a wonderful 10 pages where he talks consent, and protect the checks and pendent judgment on this, and the about Roosevelt’s attempt to pack the balances by giving the death knell to other nominations will follow in the court. It is so revealing. Roosevelt this so-called nuclear option. That was months to come. I am confident they calls Senate leaders to the White a good first step. But I urge the Presi- will. House—Democratic leaders—and the dent to look at what was also said in If Justice Owen is confirmed as a President didn’t live in the White that agreement. They called upon the Federal judge, I hope she surprises House, as they do now. His Vice Presi- President to now finally work with those of us who have fought her nomi- dent, James Garner, a former Senator, Senators from both parties in these nation. Perhaps her experience as a ju- walked out of that meeting shaking his lifetime appointments. No political dicial nominee has exposed her to a head and said that the President will party should own our Federal courts. broader range of views, and that expe- not get his support on this, and he In fact, no political party should be rience may make her more sensitive to didn’t. He didn’t get the support of a able to control our Federal courts. Let concerns regarding privacy, civil majority of the Democrats. When Jef- us work together to have courts that rights, and consumer rights. I have ferson and Roosevelt tried to pack our actually work, that are independent of never questioned her intellectual capa- courts, it didn’t work because Members the executive, independent of being bilities. of their own parties rose up against swayed, and are truly independent. We The agreement that will allow Jus- them. They were both Democrats. can do that and call on the President tice Owen to receive an up-or-down Nothing in the advice and consent to do what every President since I have vote also had the effect of taking the clause of the Constitution mandates been here—the five before him—has al- nuclear option off the table for this that a nominee receive a majority ways done, and that is work with both Congress and, I think, in our lifetime. vote, or even a vote of any kind. Ac- Republicans and Democrats, work to I wish to review what I believe was at cording to the Congressional Research unite us, not divide us. stake in this debate. The agreement Service, over 500 judicial nominees The PRESIDING OFFICER. Under makes clear that the Senate rules have since 1945—18 percent of all judicial the previous order, Member time is re- not changed. The filibuster remains nominees—were never voted on by the served until 11:40, and the time be- available to the Senate minority, full Senate. Most recently, over 60 of tween 11:40 and 12 o’clock is reserved whether it be Democrat or Republican. President Clinton’s judicial nominees for both the majority and minority Last night, the seven Democrats were denied an up-or-down vote. In leaders. agreed that filibusters will be used contrast, we have approved 208 of Mr. LEAHY. Mr. President, I yield only in extraordinary circumstances. President Bush’s 218 nominees. the balance of my time to the Demo- In my view, the fact that there have Last night, when I came to the floor, cratic leader to use as he wishes. been so few out of the 218 nominations I said it is a happy night for me be- The PRESIDING OFFICER. The in the last 4 years means that filibus- cause the 8 years of the Clinton judi- Democratic leader is recognized. ters already are rare. cial situation are gone. I said last

VerDate Aug 04 2004 01:23 May 25, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.021 S24PT1 May 24, 2005 CONGRESSIONAL RECORD — SENATE S5827 night that the 4 years of problems with easy interpretation. But when the would have had much greater author- the Bush administration, as it relates Democratic leader asserts that this ity, be he a Republican President or a to judges, are gone. Why? Because we term means occasional and very infre- Democratic President. are going to start legislating as Sen- quent, it is very reassuring. Similarly, had the so-called constitu- ators should. If there is a problem with The Senator from Nevada went on to tional or nuclear option been defeated, a judge, that issue will be raised. say this wipes away 8 years of Clinton then I think it is fair to say the minor- There will be occasions, although and 4 years of the second President ity party—Democrats in this situa- very infrequent, where a filibuster will Bush. That puts the whole controversy, tion—would have been emboldened to take place. That is what the Senate is in my judgment, into context, because go further in the use of the filibuster. all about. what we have been talking about in the The nominees who have been sub- The difference between a 95-percent course of these filibusters has been the jected to the filibuster, in my judg- confirmation rate and a 100-percent pattern of payback which began in the ment, have been held hostage, pawns in rate is what this country is all about. last 2 years of President Reagan’s ad- this escalating spiral of exacerbation That 5 percent reflects the moderating ministration when Democrats won con- by both sides. influence and spirit and openness made trol of the Senate and the Judiciary In my 25 years in the Senate, during possible by the advice and consent Committee, where the nominating all of which I have served on the Judi- clause of our Constitution. process was slowed down, and 4 years of ciary Committee, I have seen our com- When our Founders pledged their President George H. W. Bush. Then it mittee and this body routinely confirm lives and fortunes and their sacred was exacerbated during the administra- judicial nominees who were the equiva- honor to the cause of our Revolution, tion of President Clinton when we Re- lents of those who have been filibus- it was not simply to get rid of King publicans won the Senate in the 1994 tered here. These nominees have every George III. It was because they had a election. And for the last 6 years of bit the qualification of circuit judges vision of democracy. James Madison, President Clinton’s tenure, we had a who have been confirmed in the past. the Father of the Constitution, wrote: situation where some 60 judges were Priscilla Owen, who is the specific The accumulation of all powers legislative, bottled up in committee, which was nominee in question, would have been executive, and judiciary in the same hands, about the same as a filibuster. confirmed as a matter of routine had whether of one, a few, or many—and whether I think it is worth noting that both she not been caught up in this partisan hereditary, self-appointed, or elective—may Senator FRIST, our Republican leader, battle. She has an extraordinary aca- justly be pronounced the very definition of and Senator REID, the Democratic demic record. She was cum laude from tyranny. leader, are entitled to plaudits, because Baylor both for an undergraduate de- Stripping away these important a week ago today, late in the afternoon gree and a law degree, scored the high- checks and balances would have meant in a room off the first floor, a few steps est on the Texas bar exam, worked 17 the Senate becomes merely a from where we are at the present time, years with a very prestigious law firm rubberstamp for the President. It the leaders met with so-called Repub- in Texas, served 11 years on the Texas would have meant one political party, lican moderates and Democratic mod- State Supreme Court, earned well- be it Republicans today or Democrats erates. qualified ratings from the American tomorrow, could effectively seize con- While not quite the imprimatur of Bar Association, and is personally trol of our Nation’s highest courts. It propriety, their presence signified they known to President Bush, who speaks would have removed the checks on the knew what was going on, that they of her in the most complimentary President’s power, meaning one man were prepared to participate in it, and terms. sitting in the White House could per- that, again, while it was not quite the The senior Senator from Texas, KAY sonally hand out lifetime jobs whose Good Housekeeping stamp of approval, BAILEY HUTCHISON, has been a personal rulings on our basic rights can last for- they were interested to see what oc- friend for years and knows her inti- ever. curred. mately. She speaks of her glowingly. It is too much power for one person. In a series of floor statements on this She shepherded her to many private It is too much power for one President. issue, as the CONGRESSIONAL RECORD meetings with Senators. I spoke with It is too much power for one political will show, I had urged the leaders to re- Justice Owen at some length and was party. It is not how America works. move the party loyalty straitjacket very much impressed with her on the Our democracy works when majority from Senators so the Senators could academic level, on the professional rules not with a fist but with an out- vote their consciences because of the level, and on the personal level. stretched hand that brings people to- consistent comments I heard in the Our colleague on the Judiciary Com- gether. The filibuster is there to guar- corridors and in the cloakrooms by mittee, Senator JOHN CORNYN, served antee this. both Republicans and Democrats that with her on the Texas Supreme Court The success of the nuclear option they did not like where we were head- and, again, spoke of her in outstanding would have marked another sad, long ed; that Democrats were not pleased terms. stride down an ever more slippery slope with this pattern of filibusters, and Re- I have spoken at length about Justice toward partisan crossfire and a loss of publicans were not pleased with the Owen in the past, and I would simply our liberties. Instead, this is the mo- prospect of the so-called constitutional incorporate by reference the comments ment we turned around and began to or nuclear option. which I made which appear in the CON- climb up the hill toward the common And finally, in effect, that did happen GRESSIONAL RECORD for May 18 of this goal of national purpose and rebuilding when a group of moderate Senators got year, where I cited a selection of cases of America’s promise. America owes a together, totaling 14 in number, as the showing her judicial balance and show- debt of gratitude to the 14 Senators parties signatory to the memorandum ing her excellent record on the Texas who allowed us to be here today. of understanding of last night, to forge Supreme Court. I thank the Chair. an arrangement where the very impor- Mr. President, we have been joined The PRESIDING OFFICER. The Sen- tant constitutional checks and bal- by, as I turn around, two distinguished ator from Pennsylvania. ances, the very important constitu- Senators—one a current Member of Mr. SPECTER. Mr. President, I begin tional separation of powers, would be this body, Senator BILL FRIST, the by thanking the distinguished Demo- maintained. other a former Member of this body, cratic leader for his comments and not- When we talk about the delicate bal- Senator Alfonse D’Amato. I did not ing with particularity his statement ance of separation of powers, the con- recognize him at first because he was that the use of the filibuster will be oc- stitutional scholars traditionally talk not in his pink suit. casional and very infrequent. I think about it as so-called play in the joints. One day, in the back row, Alfonse that characterization is very impor- Had there been a formal determination D’Amato appeared and sang E-I-E-I-O tant for the future of the Senate in the of a rule change so that 51 Senators in a pink suit. There was some com- consideration of judicial nominations. could cut off debate, that would have ment in the Chamber about how much The term ‘‘extraordinary cir- materially affected the delicate separa- it improved his appearance. I did not cumstances’’ does not lend itself to any tion of powers where the President agree with this.

VerDate Aug 04 2004 02:34 May 25, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.023 S24PT1 S5828 CONGRESSIONAL RECORD — SENATE May 24, 2005 I have a very short story. I had a his or her conscience up or down, yes Feinstein Lieberman Santorum Frist Lott Schumer brother who was 10 years older than I. or no, confirmed or rejected. It is as Graham Lugar Sessions One day he came down from the drug- simple as that. It is about principle. It Grassley Martinez Shelby store to the junkyard where I worked. is about fairness. It is about our con- Gregg McCain Smith (OR) He said: Arlen, I was just at Russell stitutional duty to give advice and con- Hagel McConnell Snowe Harkin Mikulski Specter Drug. Down there they were saying you sent. Hatch Murkowski Stevens weren’t fit to eat with the pigs. But my Mr. President, I yield the floor. Hutchison Nelson (FL) Sununu Inhofe Nelson (NE) Talent brother said: I stuck up for you, Arlen. CLOTURE MOTION Isakson Obama Thomas I said you were. So when I see Alfonse The PRESIDING OFFICER. Under Johnson Pryor Thune D’Amato on the Senate floor, I remem- the previous order, the hour of 12 Kohl Reid Vitter ber those good times. o’clock having arrived, pursuant to Kyl Roberts Voinovich Now I yield to the distinguished ma- Landrieu Rockefeller Warner rule XXII, the Chair lays before the Leahy Salazar Wyden jority leader, whose time I hope I have Senate the pending cloture motion, not unduly encroached upon. I thank which the clerk will report. NAYS—18 the Chair and yield the floor. The legislative clerk read as follows: Biden Dorgan Levin The PRESIDING OFFICER. The ma- Boxer Feingold Lincoln CLOTURE MOTION Cantwell Jeffords Murray jority leader. Corzine Kennedy Reed Mr. FRIST. Mr. President, in a few We the undersigned Senators, in accord- ance with the provisions of rule XXII of the Dayton Kerry Sarbanes moments, we will vote to conclude de- Dodd Lautenberg Stabenow Standing Rules of the Senate, do hereby bate on the nomination of Judge Pris- move to bring to a close debate on Executive NOT VOTING—1 cilla Owen to the Fifth Circuit Court of Calendar No. 71, the nomination of Priscilla Inouye Appeals. It has been over 4 years since Owen, of Texas, to be United States Circuit the Senate began consideration of Jus- Judge for the Fifth Circuit. The PRESIDING OFFICER. On this tice Owen for this position, and the Bill Frist, Arlen Specter, Trent Lott, vote, the yeas are 81, the nays are 18. Senate over that time has thoroughly Lamar Alexander, Jon Kyl, Jim Talent, Three-fifths of the Senators duly cho- and exhaustively investigated, looked Wayne Allard, Richard G. Lugar, John sen and sworn having voted in the af- at, examined, and debated Judge Ensign, C.S. Bond, Norm Coleman, firmative, the motion is agreed to. Saxby Chambliss, James Inhofe, Mel Owen’s nomination. Martinez, Jim DeMint, George Allen, f She has endured 9 hours of com- Kay Bailey Hutchison, John Cornyn. mittee hearings, more than 500 ques- The PRESIDING OFFICER. By unan- RECESS tions, and 22 days—it is interesting, 22 imous consent, the mandatory quorum days. That is more than all sitting Su- The PRESIDING OFFICER. Under call has been waived. preme Court Justices combined have the previous order, the hour of 12:30 The question is, Is it the sense of the had on the floor of the Senate—all sit- having arrived, the Senate will stand Senate that debate on the nomination ting Supreme Court Justices combined. in recess until the hour of 2:15 p.m. of Priscilla Richman Owen, of Texas, to We have had Priscilla Owen’s nomina- Thereupon, the Senate, at 12:30 p.m., be United States Circuit Judge for the tion debated on this floor for more recessed until 2:15 p.m. and reassem- Fifth Circuit Court of Appeals, shall be days. There has been more than 100 bled when called to order by the Pre- brought to a close? Under the rule, the hours of floor debate. Now finally, after siding Officer (Mr. VOINOVICH). yeas and nays are mandatory. The more than 4 years of waiting, Judge The PRESIDING OFFICER. The Sen- clerk will call the roll. Owen will receive a fair up-or-down ator from Colorado. Mr. LEVIN. Parliamentary inquiry. vote on the floor of the Senate. Mr. SALAZAR. Mr. President, I sug- As her critics now appear to be con- The PRESIDING OFFICER. The Sen- gest the absence of a quorum. cede, Judge Owen is a mainstream can- ator from Michigan. The PRESIDING OFFICER. The didate, who is thoughtful, who is dig- Mr. LEVIN. Under the rules and clerk will call the roll. nified, and imminently qualified. Her precedents of the Senate, how many The assistant legislative clerk pro- academic and professional qualifica- votes are required to invoke cloture ceeded to call the roll. tions are outstanding. The American and end debate on the pending nomina- Mr. BYRD. Mr. President, I ask unan- Bar Association unanimously—unani- tion? imous consent that the order for the mously—rated her as well qualified, its The PRESIDING OFFICER. Three- quorum call be rescinded. highest possible rating. She was re- fifths of the Senators duly chosen and The PRESIDING OFFICER. Without elected to the Texas Supreme Court sworn. objection, it is so ordered. with 84 percent of the vote. She is sup- The clerk will call the roll. f ported by Republicans and Democrats Mr. LEVIN. Is there an answer to my on the Texas Supreme Court. She has parliamentary inquiry? The PRESIDING OFFICER. The NOMINATION OF PRISCILLA been endorsed by every major news- RICHMAN OWEN TO BE UNITED paper in her State of Texas. clerk will call the roll. The assistant legislative clerk called STATES CIRCUIT JUDGE FOR Moreover, in the face of continuous, THE FIFTH CIRCUIT—Continued sometimes vicious, attacks and distor- the roll. tions of her record in the nominations Mr. DURKIN. I announce that the The PRESIDING OFFICER. The Sen- process, Judge Owen has shown ex- Senator from Hawaii (Mr. INOUYE) is ator from West Virginia. traordinary patience with this body. necessarily absent. Mr. BYRD. Mr. President, I read from Despite 4 years of attacks on her integ- The PRESIDING OFFICER (Mr. the King James version of the Holy rity, Priscilla Owen has quietly, has BURR). Are there any other Senators in Bible, from the 22nd chapter of Prov- patiently, has gracefully waited for an the Chamber desiring to vote? erbs, the 28th verse: up-or-down vote. The yeas and nays resulted—yeas 81, Remove not the ancient landmark, which Priscilla Owen has worked hard, nays 18, as follows: thy fathers have set. played by the rules, faithfully inter- [Rollcall Vote No. 127 Ex.] Mr. President, in his second inau- preted the law and gained the respect YEAS—81 gural address, Abraham Lincoln ob- of her colleagues and constituents. We Akaka Burns Conrad served that: cannot ask for more from a judicial Alexander Burr Cornyn With malice toward none; with charity for nominee. It is time to close our debate. Allard Byrd Craig all; with firmness in the right, as God give us Allen Carper Crapo It is time to give Justice Owen an up- Baucus Chafee DeMint to see the right, let us strive on to finish the or-down vote on the floor of the Sen- Bayh Chambliss DeWine work we are in; to bind up the nation’s ate. Bennett Clinton Dole wounds. . . . Today’s vote will allow that up-or- Bingaman Coburn Domenici Mr. President, I have always believed Bond Cochran Durbin down vote. It will affirm each Sen- Brownback Coleman Ensign that the Senate, by its nature, attracts ator’s right to weigh the facts and vote Bunning Collins Enzi and probably also creates men and

VerDate Aug 04 2004 02:34 May 25, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.025 S24PT1 May 24, 2005 CONGRESSIONAL RECORD — SENATE S5829 women of the quality and character vice, but here it is. And by considering monster called Death. They came upon who are able to step up when faced that advice, it only stands to reason an old man and seized him, and with with crises that threaten the ship of that any President will be more as- rough language they demanded that he state, to calm the dangerous seas sured that his nominees will enjoy a tell them where they could find this which, from time to time, threaten to kinder reception in the Senate. cowardly adversary who was taking the dash our Republic against rocky shoals The agreement, which references the lives of their good friends around the and jagged shores. need for ‘‘advice and consent,’’ as con- countryside. The Senate proved it to be true again tained in the Constitution, proves once The old man pointed to a great oak yesterday, when 14 Members—from again, as has been true for over 200 tree on a nearby knoll, saying, ‘‘There, both sides of the aisle, Republicans and years, that our revered Constitution is under that tree you will find Death,’’ Democrats; 14 Members—of this re- not simply a dry piece of parchment. It that monster. In a drunken rage, the vered institution came together to is a living document. three roisterers set off in a run until avert the disaster referred to as the Yesterday’s agreement was a real-life they came to the tree, and there they ‘‘nuclear option’’ or the ‘‘constitu- illustration of how this historical docu- found a pile of gold—eight basketfuls tional option’’—these men and women ment continues to be vital in our daily of florins, newly minted, round, gold of great courage. lives. It inspires, it teaches, and yester- coins. Forgotten was the monster As William Gladstone said, in refer- day it helped the country and the Sen- called Death, as the three pondered ring to the Senate of the United ate avoid a serious catastrophe. their good fortune. And they decided States, the Senate is Mr. President, for this reason and that they should remain with the gold that remarkable body, the most remarkable others, I ask that at the end of my re- until nightfall, when they would divide of all the inventions of modern politics. marks the agreement reached by the 14 it among themselves and take it to I thank all of those Republicans and Senators be printed in the RECORD. their respective homes. It would be un- Democrats who worked together to The PRESIDING OFFICER. Without safe, they reasoned, to attempt to do so keep faith with the Framers and the objection, it is so ordered. in broad daylight, as they might be Founding Fathers. We have kept the (See exhibit 1.) fallen upon by thieves who would take faith with those whose collective vision Mr. BYRD. Mr. President, I do this so their treasure from them. gave us this marvelous piece of work, that we in the Senate and the Presi- It was proposed that the three draw the Constitution of the United States. dent may all have a way of easily revis- straws, and the person who drew the Thank God—thank God—that this iting the text of that agreement for fu- shortest straw would go into the near- work has been done and that it has ture reference. by village and purchase some bread and been preserved, that a catastrophe has On the heels of this agreement, I be- wine and cheese, which they could then been averted. lieve that we should now move forward, enjoy as they whiled away the daylight Article II, section 2, of the Constitu- propelled by its positive energy, in a hours. So off toward the village the tion gives to the President the power new direction. We should make every young man who drew the shortest to nominate, and ‘‘by and with the Ad- effort to restore reason to the politi- straw went. When he was out of sight, vice and Consent of the Senate,’’ to cally partisan fervor that has over- the remaining two decided that there ‘‘appoint . . . Judges of the supreme taken our Senate, this city, and our was no good reason why this fortune, Court, and all other Officers of the country. We must stop arguing and this pile of gold, should be divided United States. . . .’’ start legislating. among three individuals. So one of There are two parts to that phrase: Divisive political agendas are not them said to the other, ‘‘When he re- the ‘‘advice’’ on the one hand, and the America’s goals. The right course lies turns, you throw your arm around him ‘‘consent’’ on the other, and both must someplace in the middle. It is our job as if in good sport, as in jest, and I will be present before any President can ap- to work as elected representatives of a rive him with my dagger, and with point any nominee to the Supreme reasonable people to do what is right, your dagger, you can do the same. Court or any other Federal court. It is, regardless of threats from any of the Then all of this gold will be divided not therefore, a shared responsibility be- angry groups that seem dedicated to among three of us but just between two tween the U.S. Senate and the Presi- intimidation. The skeptics, the cynics, of us—you and me.’’ dent of the United States. the doubters, the Pharisees, those who Meanwhile, while the two were plan- By its agreement yesterday, the Sen- are intoxicated by the juice of sour ning the demise of the third, the ate is keeping that construct alive, grapes did not prevail and must not youngest rogue, as he made his way this shared responsibility between the prevail. The 14 Republican and Demo- into the town, thought to himself what President of the United States, on the cratic Senators rose above those who a shame it would be that the gold one hand, and the Senate of the United do not wish to see accord but prefer would be divided among three, when it States, on the other. discord. just as well could be so easily belong The agreement that was obtained Chaucer’s ‘‘Canterbury Tales’’—we only to the ownership of one, himself. yesterday by the cooperation between have all read Chaucer’s ‘‘Canterbury Therefore, in town the young man went and among the 14 Members of the Sen- Tales’’ in high school—contains ‘‘The directly to an apothecary and asked to ate—representing Republicans and Pardoner’s Tale.’’ be sold some poison for the large rats Democrats—it was that agreement The story tells about the journey by and a polecat that had been killing his that reminds us of the words of our the pilgrims to Canterbury, to the chickens. The apothecary—the phar- Constitution, by encouraging the shrine of Canterbury. The scene took macist—quickly provided some poison, President of the United States, on the place in Flanders, where once there sat saying that as much as equaled only a one hand, to consult with the Senate of drinking in a tavern three young men tiny grain of wheat would result imme- the United States, on the other. In who were much given to folly. As they diately in sudden death for the crea- other words, the Senate will be in on sat, they heard a small bell clink be- ture that drank the mixture. the takeoff, meaning prior to sending fore a corpse that was being carried to Having purchased the poison, the up his nominees for our consideration. the grave. Whereupon, one of the three young villain crossed the street to a In recent times—and by that I mean called to his knave and ordered him to winery, where he purchased three bot- under Presidents of both parties—there go and find out the name of the corpse tles—two for his friends, one for him- has not been all that much consulta- that was passing by. self. After he left the village, he sat tion by the President with the Senate. The boy answered that he already down, opened two bottles of wine and So here we are, in the Senate, offer- knew and that it was an old comrade of deposited an equal portion in each, and ing the hand of partnership to the the roisterers who had been slain, then returned to the oak tree, where Chief Executive and saying: Consult while drunk, by an unseen thief called the two older villains did as they had with us. That is what the Framers in- ‘‘Death,’’ who had slain others in re- planned. One threw his arm, as if in tended, that the President of the cent days. jest, around the shoulders of the third, United States should consult with the And so out into the road the three and both buried their daggers in him. Senate. You don’t have to take our ad- young ruffians went in search of this He fell dead on the pile of gold. The

VerDate Aug 04 2004 02:34 May 25, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.029 S24PT1 S5830 CONGRESSIONAL RECORD — SENATE May 24, 2005 other two villains then sat down, broke who established checks and balances in Benjamin Hill, a great Senator, a great the bread, cut the cheese, and opened this Constitution of the United States. orator from the State of Georgia, his the two bottles of wine. Each took a The work of those Framers and the words being inscribed on a statue in good, deep swallow, and then, suffering work of the larger group of Founders Atlanta, GA, as they are and as they a most excruciating pain, both fell took 219 years. It was about to be de- appear today upon that monument: dead upon the pile of gold and upon the stroyed in a single day, this day. But Who saves his country saves himself, saves body of the third. So there they were thank God 14 Senators from both sides all things, and all things saved do bless him. across the pile of gold, all three of of the aisle met and rose above par- Who let’s his country die dies himself igno- them dead. tisan politics and kept the faith with bly, and all things dying curse him. Their avarice, their greed for gain, the Framers and with the Founders so Remember that ancient proverb: Re- their love of material things had de- that our posterity might enjoy the move not the ancient landmark, which stroyed them. There is a lesson here in blessings of liberty, the blessings of thy fathers have set. Chaucer’s Tales, as given to us by ‘‘The freedom of speech, the roots of which I yield the floor. I suggest the ab- Pardoner.’’ The strong temptation for go all the way back to the reign of sence of a quorum. political partisanship that has pre- Henry IV, who reigned from 1399 to 1413 EXHIBIT 1 vailed in the Senate can tear this Sen- and who in 1407 proclaimed that the MEMORANDUM OF UNDERSTANDING ON JUDICIAL ate apart and can tear the Nation apart members of Parliament—the House of NOMINATIONS and confront all of us with destruction, Lords and the House of Commons— We respect the diligent, conscientious ef- so that in the end we three—the Presi- could speak freely and without fear. forts, to date, rendered to the Senate by Ma- dent, the Senate, and the people—will And those words were written into jority Leader Frist and Democratic Leader all be destroyed, as it were. the Declaration of Rights, which dec- Reid. This memorandum confirms an under- So we almost saw that happen here laration was submitted to William III standing among the signatories, based upon on the Senate floor—until yesterday, of Orange and Mary, a Declaration of mutual trust and confidence, related to when that catastrophe, looming as it Rights which included freedom of pending and future judicial nominations in the 109th Congress. was before the Senate, was averted. I speech in Parliament. That declaration This memorandum is in two parts. Part I applaud the fact that the center, the was presented on February 13, 1689, to relates to the currently pending judicial anchor, held, and we stood together for William III and Mary. They both ac- nominations; Part II relates to subsequent the good of the country against mean- cepted it and were then proclaimed by individual nominations to be made by the spirited, shallow, political ends. the House of Commons joint sovereigns President and to be acted upon by the Sen- Mr. President, I implore all of us to of the nation. ate’s Judiciary Committee. endeavor to lift our eyes to the higher Then, on December 18, 1689, those We have agreed to the following: things. We can perform some much words were included in a statute, the PART I: COMMITMENTS ON PENDING JUDICIAL needed healing on the body politic. If English Bill of Rights—freedom of NOMINATIONS we can come together in a dignified speech, the roots going back a long A. Votes for Certain Nominees. We will way to orderly and expeditiously move way. That freedom of speech then was vote to invoke cloture on the following judi- cial nominees: Janice Rogers Brown (D.C. forward on these nominations, perhaps provided to those of us in the Senate, provided by the Constitution, and since Circuit), William Pryor (11th Circuit), and we can yet salvage a bit of respect and Priscilla Owen (5th Circuit). trust from the American people for all 1806, when the provision for the pre- B. Status of Other Nominees. Signatories of us, for the Senate, and for our insti- vious question was discarded upon the make no commitment to vote for or against tutions of free government. recommendation of Vice President cloture on the following judicial nominees: We have a duty, at this critical time, Aaron Burr, since 1806 that provision William Myers (9th Circuit) and Henry Saad to rise above politics as usual, in which for the previous question or the sudden (6th Circuit). we savage one another, and in so doing, cutting off debate was discarded. Since PART II: COMMITMENTS FOR FUTURE destroy ourselves, like the three vil- 1806, until the year 1917, the year in NOMINATIONS lains in ‘‘The Pardoner’s Tale.’’ which I was born during the adminis- A. Future Nominations. Signatories will Let us put the Nation first. The tration of Woodrow Wilson, that free- exercise their responsibilities under the Ad- American people want us to do that. In dom of speech has prevailed in the Sen- vice and Consent Clause of the United States the long run, that is how we will be ate, and it has lived since then except Constitution in good faith. Nominees should only be filibustered under extraordinary cir- judged and, more importantly, it is for unanimous consent agreements and cumstances, and each signatory must use his how the Senate will be judged. the cloture provision which was first or her own discretion and judgment in deter- It is easy to tear down; it is difficult agreed to in 1917, the cloture provision mining whether such circumstances exist. to build. shutting off debate under the rules of B. Rules Changes. In light of the spirit and I saw them tearing a building down, the Senate. continuing commitments made in this agree- A group of men in a busy town. Freedom of speech has reigned in this ment, we commit to oppose the rules With a ‘‘Ho, Heave, Ho and a lusty yell, body, and it still lives, thanks again to changes in the 109th Congress, which we un- They swung a beam and the sidewall fell. the 14 Republicans and Democrats who derstand to be any amendment to or inter- pretation of the Rules of the Senate that I said to the foreman, ‘‘Are these men rose above politics yesterday and came would force a vote on a judicial nomination skilled? forward with this accord. by means other than unanimous consent or The type you would hire if you had to build.’’ So, Mr. President, let us be true to Rule XXII. He laughed, and then he said, ‘‘No indeed, the faith of our fathers and to the ex- We believe that, under Article II, Section Just common labor is all I need; pectation of those who founded this Re- 2, of the United States Constitution, the I can easily erect in a day or two, word ‘‘Advice’’ speaks to consultation be- That which takes builders years to do.’’ public. The coming days will test us again and again, but let us go forward tween the Senate and the President with re- I said to myself as I walked away, gard to the use of the President’s power to ‘‘Which of these roles am I trying to play? together hoping that in the end, the Senate will be perceived as having make nominations. We encourage the Execu- Am I a builder who works with care, tive branch of government to consult with Building my life by the rule and square? stood the test, and may we, both Re- members of the Senate, both Democratic and Am I shaping my deeds by well-laid plan, publicans and Democrats and Independ- Republican, prior to submitting a judicial Patiently building the best I can? ents, when our work is done, be judged nomination to the Senate for consideration. Or am I a wrecker who walks the town by the American people and by the Such a return to the early practices of our Content with the labor of tearing down.’’ pages of history as having done our government may well serve to reduce the Mr. President, it is easy to tear duty and as having done it well. rancor that unfortunately accompanies the down, but it takes a long time to build. Our supreme duty is not to any par- advice and consent process in the Senate. We have been 217 years in building this ticular person, not to any particular We firmly believe this agreement is con- Senate, making it what it was intended President, not to any political party, sistent with the traditions of the United States Senate that we as Senators seek to to be by the Framers who wrote it 219 but to the Constitution, to the people uphold. years ago, who established three equal of the Nation, and to the future of this E. Benjamin Nelson, Mike DeWine, Joe coordinate branches of Government, Republic. It is in that spirit that we Lieberman, Susan Collins, Mark Pryor, who established a separation of powers, may do well to remember the words of Lindsey Graham, Lincoln Chafee, John

VerDate Aug 04 2004 02:34 May 25, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.031 S24PT1 May 24, 2005 CONGRESSIONAL RECORD — SENATE S5831 McCain, John Warner, Robert C. Byrd, He left the Active component and supporting a robust teaching program. Mary Landrieu, Olympia Snowe, Ken served in the U.S. Army Reserve from He taught more than 15 different Salazar, and Daniel Inouye. 1972 to 1980. During this period, he courses, created 4 new ones, published 3 The PRESIDING OFFICER (Mr. served as an overseas manager, Amer- books and 15 articles, and encouraged CORNYN). The clerk will call the roll. ican International Underwriters Mel- and cultivated resources for other fac- The bill clerk proceeded to call the bourne, Australia, and China tour man- ulty to follow his example. roll. His support for faculty and cadet de- Mr. REED. Mr. President, I ask unan- ager and Canadian Pacific Airlines. He was recalled to active duty in 1980 velopment through the scholarship, de- imous consent that the order for the and served initially in Korea as an in- bate, model U.N., domestic affairs quorum call be rescinded. forum, finance forum, sports, and a The PRESIDING OFFICER (Mr. MAR- fantry company commander. Subse- myriad of other activities was excep- TINEZ). Without objection, it is so or- quent assignments included classified tional. Most importantly, he is a trust- dered. project officer, U.S. Army 1st Special Mr. REED. Mr. President, I ask unan- Operations Command at Fort Bragg, ed, caring, concerned, and dedicated leader who evokes the best from every- imous consent to speak as in morning and operations officer and company body with whom he comes in contact. business. commander 1st Battalion, 1st Special It has been my privilege to know The PRESIDING OFFICER. Without Forces Group in Okinawa, Japan. Colonel Howard for many years, to re- objection, it is so ordered. Colonel Howard earned a bachelor of Mr. REED. Mr. President, I also ask science degree in industrial manage- spect him as a soldier and a scholar, unanimous consent that the time I ment from San Jose State University, and to at this moment congratulate consume come out of my time bachelor of arts degree in Asian studies him on a career of exceptional service to the Army and to the Nation. As he postcloture. from the University of Maryland, a The PRESIDING OFFICER. Without master of arts degree in international parts for other venues and other re- objection, it is so ordered. management from the Monterey Insti- sponsibilities, I wish him well. tute of International Studies, and a I yield back my time, and I suggest RETIREMENT OF COLONEL RUSS HOWARD, the absence of a quorum. UNITED STATES ARMY masters of public administration de- The PRESIDING OFFICER. The Mr. REED. Mr. President, I rise gree from Harvard University. Colonel Howard was an assistant pro- clerk will call the roll. today to recognize the accomplish- The assistant legislative clerk pro- fessor of social sciences at the U.S. ments of Colonel Russ Howard, head of ceeded to call the roll. the department of social sciences and Military Academy and a senior service Mr. BROWNBACK. Mr. President, I director of the Combating Terrorism college fellow at the Fletcher School of ask unanimous consent that the order Center at West Point. Colonel Howard Law and Diplomacy, Tufts University. for the quorum call be rescinded. is retiring June 3, 2005, after 37 years of During his extraordinary career of The PRESIDING OFFICER. Without Active and Reserve military service. public service, Colonel Russ Howard objection, it is so ordered. In his previous position, he was the was a dedicated leader, enlightened vi- EMBRYONIC STEM CELL RESEARCH deputy department head of the depart- sionary, effective operator, and exem- Mr. BROWNBACK. Mr. President, I ment of social sciences. Prior to that, plary role model for cadets, soldiers, rise to speak about an issue that has Colonel Howard was an Army chief of and civilians. been worked on in the country for staff fellow at the Center for Inter- For the past 7 years, he made enor- some period of time. Soon, a House national Affairs at Harvard University. mous contributions to the U.S. Mili- vote will take place on embryonic stem Formerly, Colonel Howard was the tary Academy, its graduates, and to cell research. The issue that will soon commander of the 1st Special Forces the Nation through his relentless pur- be voted on in the House—and may Group (Airborne) at Fort Lewis, WA. suits of excellence in the department of come before this body—is whether to Other recent assignments include as- social sciences and his advancement of allow the taxpayer funding of destruc- sistant to the Special Representative education, research, and policy devel- tion of young human life. to the Secretary General during opment in the global war on terror. This legislation being considered in UNOSOM II in Somalia, deputy chief of He was the right person at the right the House of Representatives would staff for I Corps, and chief of staff and time in exactly the right job as the take young human embryos, would pro- deputy commander for the Combined Academy and the Nation responded to vide taxpayer dollars to destroy these Joint Task force, Haiti/Haitian Advi- the events of 9/11 and the global war on embryos and conduct research on the sory Group. He also served as the ad- terror. Building on his extraordinary stem cells derived from them. I believe ministrative assistant to ADM skills as a researcher and educator, he we all have a duty to protect innocent Stansfield Turner and as a special as- knew the intellectual response to the life. We have a duty and a responsi- sistant to the commander of war on terror would have to be as sig- bility to look out for the downtrodden, SOUTHCOM. nificant as the operational response those who do not have a voice. These When Colonel Howard was com- and set a course for the department are the youngest of human lives; they mander of 3rd Battalion, 1st Special and the Academy to lead this response. should be protected, and they should Warfare Training Group (Airborne) at Building on an exceptional experi- not be researched on. Fort Bragg, NC, he developed the cur- ence as a Special Forces officer who We have at times in the past in the riculum for the first ever graduate de- commanded at every level from team United States researched on other gree program for the Civil Affairs and leader to Special Forces Group, he was human beings. Whenever we have done Psychological Operations officers. able to integrate the intellectual issues so, at the moment in time when it was Prior to Operation Desert Shield/ of understanding terrorism with the done, people did it on the basis that we Desert Storm, Colonel Howard took a practical issues of countering ter- need to know, or we need to be able to mobile training team to Kuwait and rorism and include them in the cur- conduct this research, or this research Saudi Arabia to train the ‘‘lost boys,’’ riculum, and eventually led to the es- will provide a cure for something. Yet newly appointed Civil Affairs and Psy- tablishment of the Combating Ter- in every instance—either in this coun- chological Operations officers already rorism Center at West Point. try or others—when it has been done deployed to the Persian Gulf. He inspired support from the acad- and the society at large has allowed it, The newly trained officers performed emy leadership, from General-retired we have always, always regretted it superbly during operations and 3rd Wayne Downing, Mr. Vinnie Viola, Mr. later. It has always been wrong for one Battalion won the Army Superior Unit Ross Perot, and many others, so that group of humans who are in a more Award, largely due to the efforts and the U.S. Military Academy has become powerful position to research on some- foresight of Colonel Howard. the international leader in under- body in a lesser position. That has al- As a newly commissioned officer, a graduate terrorism education and re- ways been true, and it remains true much younger officer, Colonel Howard search. today. We should not use taxpayer dol- served as ‘‘A’’ team commander in the Simultaneously, Colonel Howard en- lars to fund research on the youngest 7th Special Forces Group from 1970 to hanced all aspects of the academy and of human lives. It is wrong, it is not 1972. the Department of Social Sciences by necessary, and it should be stopped.

VerDate Aug 04 2004 01:23 May 25, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.003 S24PT1 S5832 CONGRESSIONAL RECORD — SENATE May 24, 2005 I am pleased that the President has take adult stem cells out and grow where a life-and-death decision has not promised to veto this legislation. How- them outside the body to the point been made, and we involve the destruc- ever, I also intend to not let this piece that, today, over 58 different human tion of young human lives. The House of legislation make it forward, to move diseases are being treated in human pa- bill should not move forward. to the President’s desk. If others tients. There are published clinical Mr. President, there are two state- choose to bring this destruction of studies using adult stem cells—the ments that the President has put for- human life—taxpayer-funded destruc- stem cells from one’s own body. tion of human life—in front of this A Parkinson’s disease patient, treat- ward saying that he would veto such body, I intend that we are going to talk ed with his own adult stem cells, con- legislation if it comes forward. I ask about it for a long time and address a tinues to exhibit relief of 80 percent of unanimous consent to print these whole series of issues, whether it be his symptoms more than 6 years after statements in the RECORD. human cloning, which is associated the surgery. I had the man come in There being no objection, the mate- with this human destructive legisla- himself, who was treated with his own rial was ordered to be printed in the tion, or the creation of human-animal adult stem cells taken from the base of RECORD, as follows: crosses for research purposes. We are his nose, grown outside the body, put going to spend a lot of time discussing in the left-hand side of his brain, with STATEMENT OF ADMINISTRATION POLICY—MAY 24, 2005 this because young human lives are at a substantial improvement on the stake. I will not sit idly by and acqui- right-hand side of his body. That is H.R. 2520—STEM CELL THERAPEUTIC AND esce in their tragic destruction. purely ethical research. It is working RESEARCH ACT OF 2005 If this human destructive legislation, and getting the job done. (Rep. Smith (R) NJ and 78 cosponsors) or a Senate counterpart, comes before Spinal cord injuries. Dr. Carlos this body, I will use all means available Limas treated 34 patients in Portugal The Administration strongly supports to impede its progress. At the very with their own adult stem cells. I had House passage of H.R. 2520, which would fa- least, we should have a lengthy debate two of them in to testify at a hearing cilitate the use of umbilical-cord-blood stem on this issue before taking any action. last year—one is a paraplegic and one cells in biomedical research and in the treat- ment of disease. Cord-blood stem cells, col- The reason is that young human lives is a quadriplegic—and they are walking lected from the placenta and umbilical cord are at stake. I believe the very nature with the assistance of braces and their after birth without doing harm to mother or of our culture—whether we will have a own adult stem cells. child, have been used in the treatment of culture of life or not is at stake. Will Also, umbilical cord blood cells were thousands of patients suffering from more we honor human life because it is sa- used to treat a South Korean woman than 60 different diseases, including leu- cred per se, or are we going to use it for who had been paralyzed for 19 years. kemia, Fanconi anemia, sickle cell disease, a research apparatus for the benefit of She had not walked for 19 years, and and thalassemia. Researchers also believe others? We have always regretted that she can now walk with braces. cord-blood stem cells may have the capacity when we have done it before. Today is What about juvenile diabetes? This to be differentiated into other cell types, a similar type of discussion. disease affects a lot of people. This is making them useful in the exploration of Some are saying this doesn’t really one that has vexed a lot of people. We ethical stem cell therapies for regenerative look like a human life; it is so small, so all want to find a cure for juvenile dia- medicine. microscopic in some cases, that some betes. H.R. 2520 would increase the publicly avail- say it really cannot be human life. Yet, Dr. Denise Faustman at Harvard is a able inventory of cord-blood stem cells by according to the biological and sci- leading diabetes researcher. She has enabling the Department of Health and entific definition, this is young human completely reversed end-stage juvenile Human Services (HHS) to contract with life. If allowed to be nurtured, it be- diabetes in mice and has FDA approval cord-blood banks to assist them in the col- comes you, me, or anybody watching. to begin human clinical trials using lection and maintenance of 150,000 cord-blood stem cell units. This would make matched Life has to be nurtured at all stages. It adult stem cell therapy. cells available to treat more than 90 percent is no different biologically at that My point in mentioning these 3 of the of patients in need. The bill would also link stage versus at a later stage. It has the 58 different areas is that we have an all participating cord-blood banks to a same biological components, or ‘‘soft- ethical answer. We have an answer that search network operated under contract with ware,’’ if you will, or DNA structure. It does not involve the destruction of HHS, allowing physicians to search for needs to be nurtured, and it matures human life, and it is right before us. matches for their patients quickly and effec- into an adult human. If we are going to We can do it. We can fund it, and we tively in one place. The bill also would reau- proceed on this, I think we are really can move forward with it. We do not thorize a similar program already in place hurting ourselves as a society. have to destroy young human life to do for aiding the use of adult bone marrow in I also point out that some people are this, and it is wrong if we do. medical care. There is now $19 million avail- saying we need to do this to find cures. There is going to be a big discussion. able to implement the Cord Blood Cell Bank I want to find cures, also—cures for We are going to have a lot of debate program; the Administration will work with people with cancer, Alzheimer’s dis- about this issue on the floor or in com- the Congress to evaluate future spending re- quirements for these activities. The bill is ease, Parkinson’s disease, spinal cord mittee or other places if people decide also consistent with the recommendation injuries, or juvenile diabetes—and I to move this legislation forward. This from the National Academy of Science to have been working on that. The thing is not about banning human embryonic create a National Cord Blood Stem Cell is, we have a route to find these cures stem cell research. This is about tax- Bank program. that is ethical and moral. payer funding of human embryonic The Administration also applauds the bill’s The House is also considering a cord stem cell research. Embryonic stem effort to facilitate research into the poten- blood bill from Congressman SMITH cell research is legal. It is being con- tial of cord-blood stem cells to advance re- today, and there are also adult stem ducted in this country. It is being fund- generative medicine in an ethical way. Some cells. We have had this discussion be- ed by the Government of the United research indicates that cord blood cells may fore, but I think people hear ‘‘stem States on a limited set of lines. The have the ability to be differentiated into cells,’’ and they say: I am for it. We President had the discussion and put other cell types, in ways similar to embry- need to be clear that there are different forward the guidelines—a limited set of onic stem cells, and so present similar poten- types of stem cells: There are cord lines that were identified, on which a tial uses but without raising the ethical blood stem cells in the umbilical cord, life-and-death decision had already problems involved in the intentional de- there are embryonic stem cells, where been made prior to funding. That re- struction of human embryos. The Adminis- you have to destroy the embryo itself search continues and goes on today. tration encourages efforts to seek ethical to get the stem cells, and there are The House bill would expand that and ways to pursue stem cell research, and be- lieves that—with the appropriate combina- adult stem cells in my body and yours say we can kill young human life today tion of responsible policies and innovative and anybody watching. These adult for research on embryonic stem cells, scientific techniques—this field of research stem cells are a kind of repair cell that and we want to do it with taxpayer can advance without violating important goes around the body fixing different funding. That is what I am saying I am ethical boundaries. HR 2520 is an important parts of the body. We have been able to opposed to is the taxpayer funding step in that direction.

VerDate Aug 04 2004 01:23 May 25, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.046 S24PT1 May 24, 2005 CONGRESSIONAL RECORD — SENATE S5833 STATEMENT OF ADMINISTRATION POLICY—May is possible to advance scientific research could have been filibustered, but he 24, 2005 without violating ethical principles: both by was not filibustered. H.R. 810—STEM CELL RESEARCH ENHANCEMENT enacting the appropriate policy safeguards The idea that the filibuster has been ACT OF 2005 and by pursuing the appropriate scientific used over the past several years as a (Rep. Castle (R) DE and 200 cosponsors) techniques. HR 810 is seriously flawed legis- tool to block all the nominees that the lation that would undo those safeguards and The Administration strongly opposes provide a disincentive to pursuing those minority opposed is ludicrous. There House passage of H.R 810, which would re- techniques. were, and there continue to be, very quire Federal taxpayer dollars to be used to Mr. BROWNBACK. Mr. President, we good reasons to block a certain small encourage the ongoing destruction of nas- number of nominees. Nothing that oc- cent human life. The bill would compel all will have much discussion of this issue American taxpayers to pay for research that if it comes before this body. I am going curred last night changed that one relies on the intentional destruction of to be working aggressively with a num- iota. I will continue to vote against human embryos for the derivation of stem ber of individuals to see that we con- cloture only in extraordinary cir- cells, overturning the President’s policy that tinue this stem cell work in an ethical cumstances. I did that when we voted supports research without promoting such manner, but not where it involves the on cloture on the Owen nomination in ongoing destruction. If H.R 810 were pre- 2003 and each subsequent time, and I sented to the President, he would veto the destruction of human life. Mr. President, I yield the floor, and I have done that again today. For the bill. majority to have created this constitu- The President strongly supports medical suggest the absence of a quorum. research, and worked with Congress to dra- The PRESIDING OFFICER. The tional crisis over what came down to matically increase resources for the Na- clerk will call the roll. five nominees was wrong, was an abuse tional Institutes of Health. However, this The legislative clerk proceeded to of power. The American people did not bill would support and encourage a line of re- call the roll. support it, and I do not think they will search that requires the intentional destruc- Mr. FEINGOLD. Mr. President, I ask support it in the future. tion of living human embryos for the deriva- unanimous consent that the order for With respect to the Owen nomina- tion of their cells. Destroying nascent the quorum call be rescinded. tion, there are a number of factors that human life for research raises serious ethical The PRESIDING OFFICER. Without I believe require us to give this nomi- problems, and many millions of Americans objection, it is so ordered. consider the practice immoral. nation very careful consideration. The Administration believes that govern- Mr. FEINGOLD. Mr. President, I First, we should consider that judges ment has a duty to use the people’s money voted no on cloture, and I will vote no on our courts of appeal have an enor- responsibly, both supporting important pub- on the nomination of Priscilla Owen to mous influence on the law. Whereas, lic purposes and respecting moral bound- be a judge on the U.S. Circuit Court of decisions of the district courts are al- aries. Every year since 1995, Congress has on Appeals for the Fifth Circuit Court. I ways subject to appellate review, the a bipartisan basis upheld this balance by pro- would like to take a few minutes today decisions of the courts of appeals are hibiting Federal funds for research in which to explain my votes. I also would like only subject to discretionary review by an embryo is destroyed. Consistent with this to make a few comments on the events provision, the President’s policy permits the the Supreme Court. The decisions of funding of research using embryonic cell that led up to these votes. the courts of appeal are, in almost all lines created prior to August 9, 2001, along I strongly oppose the threat of the cases, final, as the Supreme Court with stem cell research using other kinds of nuclear option. I believe this was an il- agrees to hear only a very small per- cell lines. Scientists can therefore explore legitimate tactic, a partisan abuse of centage of the cases on which its views the potential application of such cells, but power that was a threat to the Senate are sought. That means that the scru- the Federal government does not offer incen- as an institution and to the country. tiny we give to circuit court nominees tives or encouragement for the destruction Attempting to blackmail the minority must be greater than that we give to of nascent human life. into giving up their rights that have H.R 810 seeks to replace that policy with district court nominees. And then, of one that offers very little additional prac- been part of the Senate’s traditions course, the scrutiny we give to Su- tical support to the research, while using and practices for centuries was a new preme Court nominees will even be Federal dollars to offer a prospective incen- low for a majority that has repeatedly greater. tive for the destruction of human embryos. been willing to put party over prin- Another important consideration is Moreover, H.R 810 relies on unsupported sci- ciple. Unfortunately, the blackmail the ideological balance of the Fifth entific assertions to promote morally trou- was partially successful. While I do ap- Circuit. The Fifth Circuit is comprised bling and socially controversial research. plaud the efforts of the Senators who of Texas, Louisiana, and Mississippi. Embryonic stem cell research is at an early worked hard to broker an agreement, stage of basic science, and has never yielded The Fifth Circuit contains the highest a therapeutic application in humans. It is the end result is that three nominees percentage of minority residents, over too early to say if a treatment or a cure will who do not deserve lifetime appoint- 40 percent of any circuit other than the develop from embryonic stem cell research. ments to the judiciary will now be con- DC Circuit. It is a court that, during The Administration believes that the firmed. the civil rights era, issued some of the availability of alternative sources of stem The agreement reached by our col- most significant decisions supporting cells further counters the case for compel- leagues states that filibusters should the rights of African-American citizens ling the American taxpayer to encourage the be reserved for extraordinary cir- to participate as full members of our ongoing destruction of human embryos for cumstances. For me, that has always society. research. Researchers are continually ex- been the test. I think Democrats have ploring alternative ways to derive As someone who believes strongly in pluripotent stem cells. And alternative types stuck to that standard in blocking just freedom, liberty, and equal justice of human stem cells—drawn from adults, 10—just 10—out of the 218 nominations under law and the important role of children, and umbilical-cord blood without of President Bush that have been the Federal courts to defend these fun- doing harm to the donors—have already brought to the floor. A number of very damental American principles, I am es- achieved therapeutic results in thousands of conservative and very controversial pecially concerned about the makeup patients with dozens of different diseases. nominees have been confirmed by the of our circuit courts and their ap- Moreover, private sector support and pub- Senate. Jeffrey Sutton, now a judge on lic funding by several States for this line of proaches to civil rights issues. research, which will add up to several billion the Sixth Circuit, was confirmed by a Even after 8 years of a Democratic dollars in the coming few years, argues vote of 52 to 41. No filibuster was used President, the Fifth Circuit had twice against any urgent need for an additional in- there. Jay Bybee, the author of the in- as many Republican appointees as fusion of Federal funds which, even if com- famous torture memo, now sits on the Democratic appointees. That is because pletely unrestricted, would not approach Ninth Circuit. He was not filibustered. during the last 6 years of the Clinton such figures. Whatever one’s view of the eth- Michael McConnell, a very conserv- administration, the Judiciary Com- ical issues or the state of the research, the ative and anti-choice law professor, mittee did not report out a single judge future of this field does not require a policy often mentioned as a possible Supreme to the Fifth Circuit Court of Appeals. of Federal subsidies offensive to the moral principles of millions of Americans. Court nominee, was confirmed for the As we all know, that was not for a lack H.R. 810 advances the proposition that the Tenth Circuit. He was not filibustered. of nominees to consider. President Nation must choose between science and eth- Dennis Shedd was confirmed to the Clinton nominated three well-qualified ics. The Administration, however, believes it Fourth Circuit by a vote of 55 to 44. He lawyers to the Fifth Circuit—Jorge

VerDate Aug 04 2004 01:23 May 25, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.005 S24PT1 S5834 CONGRESSIONAL RECORD — SENATE May 24, 2005 Rangel, Enrique Moreno, and Alston sumers or victims of personal injury notification may lead to her physical, Johnson. None of these nominees even and in favor of business and insurance sexual, or emotional abuse. received a hearing before the com- companies. When the Texas Supreme During Justice Owen’s first confirma- mittee. Court, which is a very conservative and tion hearing, Senator CANTWELL ques- Then-Chairman LEAHY held a hearing pro- business court, rules in favor of tioned Justice Owen about her posi- in July 2001 on the nomination of consumers or victims of personal in- tions in cases interpreting this law, fo- Judge Edith Brown Clement for a seat jury, Justice Owen frequently dissents. cusing on Justice Owen’s insistence in on the Fifth Circuit only a few months According to Texas Watch, during the In re Jane Doe. In that case, a teenager after she was nominated and less than period 1999 to 2002, Justice Owen dis- is required to consider ‘‘philosophic, 2 months after Democrats took control sented almost 40 percent of the time in social, moral, and religious’’ argu- of the Senate. It was the first hearing cases in which a consumer prevailed. ments before seeking an abortion. In in the Judiciary Committee for a Fifth But in cases where the consumer posi- her opinion, Justice Owen cited the Su- Circuit nominee since September 1994. tion did not succeed, Justice Owen preme Court’s decision in Planned Par- And Judge Clement, of course, was con- never dissented. enthood of Southeastern Pennsylvania firmed later in the year. At her first hearing, Senator KEN- v. Casey to support her contention that The fact is, there is a history here NEDY and then-Senator Edwards asked States can require minors to consider and a special burden on President Bush Justice Owen to cite cases in which she religious views in their decision to to consult with our side on nominees dissented from the majority and sided have an abortion. But, as Senator for this circuit; otherwise, we will be in favor of consumers. Justice Owen CANTWELL noted, Casey in no way au- simply rewarding the obstructionism could cite only one case, Saenz v. Fi- thorizes States to require minors to that the President’s party engaged in delity Guaranty Insurance Under- consider religious arguments in their over the last 6 years of the Clinton ad- writers. But Justice Owen’s opinion in decision on whether to have an abor- ministration by allowing him to fill, this case hardly took a pro-consumer tion. Upon this further questioning, with his choices, seats that his party position since it still would have de- Justice Owen then said that she was re- held open for years, even when quali- prived the plaintiff of the entire jury ferring to another Supreme Court case, fied nominees were advanced by Presi- verdict. She did not join Justice H.L. v. Matheson, even though her dent Clinton. Spector’s dissent, which would have opinion only cited Casey for this propo- I say, once again, my colleagues on upheld the jury verdict in favor of Ms. sition. And even Matheson does not say the Republican side bear some respon- Saenz. that minors can be required by State sibility for this situation. There was a Also during that first hearing, Sen- law to consider religious arguments. It time when I thought they might help ators FEINSTEIN and DURBIN questioned is my view that Justice Owen was resolve it by urging the administration Justice Owen about Provident Amer- going beyond not only a plain reading to address the Senate’s failure to take ican Ins. Co. v. Castaneda. In that case, of the Texas statute, but Supreme up Clinton nominees. This entire con- the plaintiff sought damages against a Court case law, and inappropriately in- troversy over judges that has come to health insurer for denying health care jecting her own personal views to make a head over the last several weeks benefits, after the insurer had already it more difficult for a minor to comply could have been avoided if our Repub- provided pre-operative approval for the with the statute and obtain an abor- lican colleagues had convinced the surgery. Justice Owen, writing for the tion. President to renominate even a few of majority, reversed the jury’s verdict in I was also not satisfied with Justice those Clinton nominees who never re- favor of the plaintiff and rejected the Owen’s responses to my questions ceived a hearing or vote in the com- plaintiff’s claim that the health in- about bonuses to Texas Supreme Court mittee, including nominees to the surer violated the Texas Insurance law clerks. I asked her at the hearing Fifth Circuit. But, of course, that did Code and the Deceptive Trade Prac- whether she saw any ethical concerns not happen. There was no effort to tices Act. At the hearing, Justice Owen with allowing law clerks to receive bo- reach a real compromise to take into defended her opinion by saying that nuses from their prospective employers account the concerns of all parties. she believed that the plaintiff was during their clerkships. I also explored A compromise at the point of a gun is seeking extra-contractual damages and the topic further with her in followup not a compromise. That, I’m afraid, is that the plaintiff had already received written questions. Justice Owen stated what we had last night. full coverage under the policy and stat- repeatedly in her written responses to With that background, let me outline utory penalties. But, in the words of my questions that she is not aware of the concerns that have caused me to her colleague, Justice Raul Gonzalez, law clerks actually receiving bonuses reach the conclusion that Justice Owen who wrote a dissent, Justice Owen’s while they were employed by the court. should not be confirmed. opinion ‘‘may very well eviscerate the She reaffirmed that testimony in her Justice Owen has had a successful bad-faith tort as a viable case of action second hearing. This seems implausble legal career. She graduated at the top in Texas.’’ The cause of action for bad given the great amount of publicity of her class from Baylor University faith is designed to deter insurers from given to Ian investigation pursued by Law School, worked as an associate engaging in bad faith practices like de- the Travis County attorney of exactly and partner at the law firm of Andrews nying coverage in the first place. that practice and the well publicized and Kurth in Houston, and has served In addition, with respect to several modifications to the Texas Supreme on the Texas Supreme Court since Jan- decisions involving interpretation and Court’s rules that resulted from that uary 1995. These are great accomplish- application of the Texas parental noti- investigation and the accompanying ments. fication law, I am deeply troubled by controversy. But Justice Owen’s record as a mem- Justice Owen’s apparently ignoring the Even more disturbing, Justice Owen ber of the Texas Supreme Court leads plain meaning of the statute and in- took the position, both at the first me to conclude that she is not the jecting her personal beliefs concerning hearing and in her responses to written right person for a position on the Fifth abortion that have no basis in Texas or questions, that because the Texas Su- Circuit. I am not convinced that Jus- U.S. Supreme Court law. In 2000, the preme Court Code of Conduct requires tice Owen will put aside her personal Texas legislature enacted a parental law clerks to recuse themselves from views and ensure that all litigants be- notification law that allows a minor to matters involving their prospective fore her on the Fifth Circuit received a obtain an abortion without notifica- employers, there really is no ethical fair hearing. Her decisions in cases in- tion of her parents if she demonstrates concern raised by law clerks accepting volving consumers’ rights, worker’s to a court that she has complied with bonuses while employed with the court. rights, and reproductive rights suggest one of three ‘‘judicial bypass’’ provi- I disagree. It is not sufficient for law that she would be unable to maintain sions: (1) that she is ‘‘mature and suffi- clerks to recuse themselves from mat- an open mind and provide all litigants ciently well informed’’ to make the de- ters involving their prospective em- a fair and impartial hearing. cision without notification to either of ployers if they have received thousands Justice Owen has a disturbing record her parents; (2) that notification would of dollars in bonuses while they are of consistently siding against con- not be in her best interest; or (3) that working for the court. The appearance

VerDate Aug 04 2004 01:23 May 25, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.050 S24PT1 May 24, 2005 CONGRESSIONAL RECORD — SENATE S5835 of impropriety and unfairness that view those as extraordinary cir- ants in a prison without access to such a situation creates is untenable. cumstances. I will continue to vote to counselor trial by jury, whether busi- As I understand it, the Federal courts block any nominee who is not suitable nesses have access to some of your have long prohibited Federal law for the bench, and it will continue to most personal information, whether clerks both from receiving bonuses dur- be an unusual exception for me not to the Government has established a proc- ing their clerkships and from working support a nominee. My standard has ess for eavesdropping or tracking U.S. on cases involving their prospective been extraordinary circumstances all citizens without probable cause, and employers. I am pleased that the Texas along. whether the Government has the abil- Supreme Court finally recognized this As a former member of the Judiciary ity to develop new software that might ethical problem and changed its code of Committee, I attended a hearing on track the use of your own computer conduct for clerks. Justice Owen, in Priscilla Owen that lasted a full day. and places where you might go on the contrast, seems intent on defending the During that hearing, Owen’s record Internet without your consent or prior, indefensible, practice. showed a particular disregard for knowledge. There are a variety of Finally, I want to note the unusual precedent and the plain rule of law. issues that are before us on an individ- nature of this particular nomination. Anyone who walks into a courtroom ual’s right to privacy and how that Unlike so many nominees during the as a plaintiff or a defendant in this right to privacy is going to be inter- Clinton years, Justice Owen was con- country should do so having the full preted. A clear understanding of a sidered in the Judiciary Committee confidence that there is impartiality nominee’s willingness to follow prece- under Senator LEAHY’s leadership in on the part of the judge on the bench. dent on protecting privacy is a very 2002. She had a hearing, and she had a They should have total confidence that important criterion for me, and it vote. Her nomination was rejected. the rule of law will be followed, and be- should be a concern for all Members. This has been the first time in history lieve the issues will be judged on their Of course, some of my concern and that a circuit nominee who was for- merits rather than viewed through the skepticism about Justice Owen’s views mally rejected by the committee, or prism of an individual judge’s personal on privacy results from the opinions the full Senate for that matter, has values or beliefs. she wrote in a series of cases inter- been renominated by the same Presi- There is reason to be concerned preting the Texas law on parental noti- dent to the same position. I do not be- about the record of Priscilla Owen. fication. In 2000 the State of Texas lieve that defeated judicial nomina- Time after time, even her own Repub- passed a law requiring parental notifi- tions should be reconsidered like legis- lican colleagues, on a predominantly cation. But they also included a bypass lation that is not enacted. After all, Republican Texas Supreme Court system for extreme cases. Eleven out of 12 times Owen analyzed legislation can be revisited after it is bench, criticized her for failing to fol- whether a minor should be entitled to enacted. If Congress makes a mistake low precedent or interpreting statutes bypass the notice requirement, she when it passes a law, it can fix that in ways that ignore the clear intent of voted either to deny the bypass or to mistake in subsequent legislation. Let the law. What some of Owen’s colleagues on create greater obstacles to the bypass. us all remember that judicial appoint- Owen wrote in dissent that she would the bench have said about her opinions ments are for life. Confirmations can- require a minor to demonstrate that I think is important. In a case dealing not be taken back or fixed. A vote to she had considered religious issues sur- with a developer seeking to evade Aus- confirm a nominee is final. A vote to rounding the decision and that she had reject that nominee should be final as tin’s clean water laws, her dissent was received specific counseling from some- well. For the President to renominate called ‘‘nothing more than inflam- one other than a physician, her friend, a defeated nominee and the Senate to matory rhetoric.’’ or her family. Requirements, I believe, In another case, her statutory inter- reconsider her simply because of the that go far beyond what the statute re- pretation was called ‘‘unworkable.’’ In change of a few seats in an election quires. cheapens the nomination process and yet another case, the dissent she joined In interpreting the ‘‘best interest’’ the Senate’s constitutional role in that was called ‘‘an unconscionable act of arm of the statute, Owen held that a process. judicial activism.’’ minor should be required to dem- I believe Justice Owen is bright and There is another reason this nomina- onstrate that the abortion itself—not accomplished, but I sincerely believe tion is so important. This is critical to avoiding notification—was in the indi- that based on her judicial record, Jus- all the nominees we are considering for vidual’s best interests. In this par- tice Owen is not the right choice for appointment to the Federal bench, and ticular case, I think she went far be- this position. especially important for you here this yond what the statue required. Ms. CANTWELL. Mr. President, I dis- morning. That is, what is the judicial Where does that put us? Women in cuss the nomination of Priscilla Owen philosophy and commitment to uphold- this country rely on the right to to the Fifth Circuit Court of Appeals, ing current law as it relates to a citi- choose. It is an issue on which we have and to briefly discuss the compromise zen’s right to privacy. I asked Justice had 30 years of settled law and case before us on the so-called nuclear op- Owen at her hearing about her beliefs precedent. In the Fifth Circuit, there tion. on the right to privacy. I asked her if are three States that continue to have I continue to oppose all three of the she believed there was constitutional unconstitutional laws on the books, nominees that will proceed to up-or- right to privacy and where she found and legislatures that are hostile to down votes as the result of this com- that right in the Constitution. that right to choose. The Federal promise, and I will be voting against She declined at the time to answer courts are the sole protector of wom- cloture on Priscilla Owen as a result. that question without the relevant en’s right to privacy in these states. I But I do acknowledge the importance case information and precedents before do not believe that the rights of the of preserving the process of debating her. When Senator FEINSTEIN followed women of the Fifth Circuit can be judicial nominees. I do not feel that up with a similar question, Owen trusted to Justice Priscilla Owen. the filibuster has been misused with re- against would not answer whether she The Senate provides each of us with gard to President Bush’s nominees, as believes a right to privacy does exist the procedural privilege to thoroughly I’ll explain shortly, but I am impressed within the Constitution. discuss my concerns about this nomi- at the efforts of my colleagues on both The question of whether a nominee nee—the filibuster. The filibuster has sides of the aisle to avoid the all-or- believes that the right to privacy ex- been used against me on issues I care nothing nuclear option vote that ists with regard to the ability to make deeply about, just as I have used this threatened to cause us to break down decisions about one’s own body is only procedure when it was necessary to as an institution. the tip of the privacy iceberg. I believe protect the people of my state. This I also express my hope that the term that we are in an information age that body, in which I am so privileged to ‘‘extraordinary circumstances’’ that is poses new challenges in protecting the serve, is more important than any one in this compromise is interpreted sen- right to privacy. We are facing difficult of us, precisely because even one Sen- sibly. When extreme nominees threaten issues including whether U.S. citizens ator can stand up for her state in the the balance of our federal courts, I have been treated as enemy combat- face of a powerful majority.

VerDate Aug 04 2004 05:10 May 25, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.007 S24PT1 S5836 CONGRESSIONAL RECORD — SENATE May 24, 2005 This agreement, whatever else I The Senate was nearly forced into a lature intended local school boards to might think of it, preserves the rights similar ‘‘corner’’ this week. Had Demo- make,’’ and that the majority had ‘‘misinter- in this body that make it unique and crats not supported cloture on Priscilla preted the Education Code.’’ One senator attacked Justice Owen for her that give it the most credibility. Each Owen today, then all Senators would opinion in Texas Farmers Insurance Co. v. of us has to respect the views of the have had to make a conclusive decision Murphy. In this case, Justice Owen simply rest. When 40 of us stand together, the as to whether it should take 60 or 51 joined an opinion holding that neither an ar- other 60 must negotiate. That is votes to confirm a judge. Instead, we sonist nor his spouse should benefit from his healthy and that is what happened are putting off that decision until an- crime by recovering insurance proceeds. The here. The rules of the Senate, and the other day. opinion followed two unanimous decisions of That may still come. And if it does the Fifth Circuit, the very court to which existence of the Federal judiciary Justice Owen has been nominated. itself, pose proper checks on majority come, I hope that we hear no more talk Justice Owen was also criticized for a rul- and Presidential power. That is the of the ‘‘illegitimacy’’ of the constitu- ing she and I both joined in Peeler v. Hughes way it should stay. tional option. There is plenty to dis- & Luce and Darrell C. Jordan—in which we Mr. KYL. Mr. President, I want to re- cuss as to whether exercising the op- simply held that an admitted criminal could spond to a statement that the Senior tion is prudential in a particular case. not benefit from criminal activity by suing Senator from West Virginia made yes- Some of the debate these past few days the criminal-defense attorney for mal- practice. terday. In his remarks, the Senator has addressed that prudential question, A number of senators focused on Justice conceded the legitimacy of the con- including some of the discussion from Owen’s opinion in FM Properties Operating Co. stitutional option, what he called the the Senator from West Virginia. But v. City of Austin. One senator specifically ‘‘nuclear option,’’ as a way for the Sen- there has also been talk about the con- criticized her for refusing to rule that a ate to determine its practices and pro- stitutional option being a case of ‘‘law- Texas water law ‘‘was an unconstitutional cedures. The option is, of course, the lessness’’ or ‘‘breaking the rules to delegation of legislative authority.’’ Yet lib- eral attorneys regularly criticize the non- leader’s right to obtain a ruling from change the rules.’’ The constitutional delegation doctrine and claim that conserv- the presiding officer that certain ac- option is a part of Senate history. In atives wrongly use it to invalidate laws duly tions of Senators are dilatory and can- Senator BYRD’s words, it ‘‘has been enacted by the legislature. In fact, just last not preclude the Senate from voting on around for a long time.’’ month one senator criticized another nomi- a judicial nomination. And it will always be with us. The nee, Bill Pryor, for championing the non- Here is what he said: ‘‘The so-called constitutional option is not, as the mi- delegation doctrine. So Justice Owen’s crit- nuclear option has been around for a nority leader has repeatedly insisted, ics seem to argue that if you support the nondelegation doctrine, you are out of the long time. It doesn’t take a genius to ‘‘off the table.’’ It is simply unneces- mainstream, and that if you oppose the non- figure that out.’’ He went on to explain sary at present. If it becomes necessary delegation doctrine, you are out of the main- that this constitutional option had again, we may be called on to live up to stream. It reminds me of a country-western been available since at least 1917, and our responsibilities to the Constitution song: ‘‘Darned If I Don’t, Danged If I Do.’’ he repeatedly emphasized that this tool and to the Senate to ensure that we re- One senator claimed that, in Read v. Scott has been around ‘‘for a long time.’’ store our traditions and guarantee up- Fetzer Co., Justice Owen ruled that a woman I appreciate this acknowledgment raped by a vacuum-cleaner salesman could or-down votes to all judicial nominees not sue the company that had employed him from the Senator from West Virginia, who reach the Senate floor. after failing to undertake a standard back- because I know he has studied the his- Mr. CORNYN. Mr. President, at var- ground check—an allegation recently articu- tory of the Senate, and I know he has ious times during the course of debate lated in an op-ed in Roll Call. Yet as my let- intimate familiarity with the workings in recent days over the nomination of ter to the editor noted, that allegation is of the Constitutional Option. There is Justice Priscilla Owen, a number of her plainly false. As the opinion joined by Jus- nothing new about the constitutional previous rulings have been badly tice Owen noted, ‘‘[n]o one questions that [the company that had hired the rapist] is option, as I discussed in my May 19 mischaracterized. Last Thursday, May liable.’’ The justices simply disagreed on floor speech outlining the legal and 19, I rose to speak about a number of whether another company—one that had not constitutional rationale for its exer- those cases and to correct the record. hired the rapist and had no relationship with cise. The constitutional option is sim- And just this morning, I published an the rapist—should also have been held liable. ply the Senate’s exercise of its power op-ed in National Review Online to fur- Justice Owen was also criticized for her to define its own procedures—a power ther rebut these baseless criticisms. I ruling in Hyundai Motor Co. v. Alvarado. In that case, an automobile alleged to be defec- that comes directly from the Constitu- ask unanimous consent that an excerpt tive had in fact fully satisfied the federal tion and has been affirmed by the Su- of that op-ed be printed in the RECORD. standard then in effect. The plaintiff chose preme Court. (U.S. v. Ballin, 144 U.S. 1 There being no objection, the mate- to sue anyway, despite federal law. Justice (1892)) I appreciate that the Senator rial was ordered to be printed in the Owen simply held that Congress had forbid- has acknowledged its legitimacy. RECORD, as follows: den such lawsuits once the federal standard The Senator from West Virginia also It is now conceded that Justice Owen, Jus- had been met—a technical legal doctrine argued, however, that past majority tice Brown, and Judge Pryor all deserve up- known as federal preemption. For this, she was sharply criticized. Yet her opinion sim- leaders have never used the constitu- or-down votes. I happen to know personally that the case against Justice Owen was espe- ply followed the ‘‘solid majority of the tional option to ‘‘tamper’’ with ex- courts to consider this issue’’—including tended debate. As my May 19 state- cially weak, because I know Priscilla person- ally from our service together on the Texas precedents authored by judges appointed by ment established, as did yesterday’s supreme court. Just consider the following President Jimmy Carter. Moreover, the U.S. statements by Senators MCCONNELL, litany of supposedly ‘‘out of the main- Supreme Court later adopted Justice Owen’s approach (Geier v. American Honda Motor Co., HATCH, and BENNETT, that is not actu- stream’’ rulings for which she was criticized: ally the case. A number of senators criticized Justice Inc.), in an opinion authored by Clinton ap- The fact is that the Senator himself Owen’s opinion in Montgomery Independent pointee, and former Democrat chief counsel School District v. Davis. One senator specifi- of the Senate Judiciary Committee, Justice used the constitutional option four Stephen Breyer. cally attacked her for failing to protect a times when serving as majority lead- Justice Owen was likewise criticized for er—in one case to outright eliminate teacher who was ‘‘wrongly dismissed.’’ The her rulings in Quantum Chemical Corp. v. case involved the authority of a local school Toennies, a case involving a Texas civil- the filibuster for motions to proceed to board to dismiss a poorly performing and Executive Calendar nominations. rights law expressly modeled after Title VII abusive teacher. The teacher had admitted of the federal Civil Rights Act of 1964, and Moreover, in February 1979, he forced that she had referred to her students as ‘‘lit- City of Garland v. Dallas Morning News, a the minority to agree to a formal rules tle s***s.’’ When confronted, the teacher jus- Texas open-government law modeled after change after credibly threatening that tified the use of the expletive on the bizarre the federal Freedom of Information Act. he would exercise the constitutional ground that she used exactly the same lan- Once again, all she did was follow precedents option. At that time, the Senator said guage when talking to her own children. The adopted by appointees of Presidents Carter on this floor, ‘‘if I have to be forced teacher regularly insulted parents as well. and Clinton. The opinion joined by Justice Owen con- Justice Owen and I happened to disagree in into a corner to try for a majority cluded that the school board was authorized Weiner v. Wasson, a case involving a tech- vote, I will do it because I am going to to dismiss this teacher. It noted that the ma- nical matter of applying a statute of limita- do my duty as I see my duty, whether jority’s ruling ‘‘allows a state hearing exam- tions to a medical malpractice suit. One sen- I win or lose.’’ iner to make policy decisions that the Legis- ator argued that my opinion was ‘‘a lecture

VerDate Aug 04 2004 01:23 May 25, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.019 S24PT1 May 24, 2005 CONGRESSIONAL RECORD — SENATE S5837 to the dissent’’ about the importance of stare GLOBAL WARMING tic Council, whose work I addressed decisis and following precedent. The argu- Mr. INHOFE. Mr. President, over the last week, stated that arctic warming ment is baseless. In fact, Justice Owen didn’t past few weeks, I have debunked the and the impact stemming from that try to overturn precedent in that case; only notion of scientific consensus about warming are firmly established by the defendant did. Moreover, Justice Owen’s global warming. The claim there is ruling contained an equally emphatic ‘‘lec- computer models. ture’’ to the defendant about the importance consensus rests on four fundamental Quoting from him: of following precedent. pillars. My previous talks made clear While the models differ in their projections And of course, there were the now-famous that the first three pillars are made of of some of the features of climate change, cases involving the popular Texas parental- sand. they are all in agreement that the world will notification law—a parental-rights law that It is not true, for example, that the warm significantly as a result of human ac- generally requires minors to notify one par- National Academy of Sciences believes tivities, and that the Arctic is likely to expe- ent before obtaining an abortion. Readers the science of climate change is set- rience noticeable warming, particularly should ask themselves one simple question: tled. In fact, the report is replete with early and intensely. Who would you trust to analyze and deter- caveats, warning the reader of the Similarly, the IPCC, which I also dis- mine the quality of Justice Owen’s legal many uncertainties associated with cussed in the earlier talks, relied on analysis in those cases? The author of the claims of global warming. Yet advo- such earlier models to project a long- Texas law—who supports Owen? Her former term temperature increase ranging colleagues on the court, including former cates continue to recite small excerpts Justices Alberto Gonzales and Greg Abbott, while ignoring the caution about un- from 2.5 to 10.4 degrees Celsius and as- who support her? Now-Attorney General certainties contained within the same sorted and potentially dangerous cli- Alberto Gonzales, who has testified—under paragraph or even the same science. mate changes over the next century. oath—that he supports Justice Owen and It is also not true that the second pil- According to Dr. Kenneth Green, Dr. that, contrary to false reports, he never ac- lar, the U.N. science report known as Tim Ball, and Dr. Steven Schroeder, cused her of ‘‘judicial activism’’? The pro- the IPCC, proves a consensus. The flag- the politicians clearly do not realize choice Democrat law professor appointed by ship study on which the IPCC report that the major conclusions of the the Texas supreme court to set up proce- relies, known as the hockey stick, IPCC’s reports are not based on hard dures under the statute—who supports Owen, evidence and observation but, rather, and who has written: ‘‘If this is activism, which shows an unprecedented rise in then any judicial interpretation of a stat- 20th century temperatures, has been largely upon the output of assumption- ute’s terms is judicial activism’’? Or do you thoroughly discredited by scientists on driven climate models. trust the liberal special-interest groups who both sides of the debate. In fact, re- The alarmists cite the results of cli- sharply opposed the Texas law, and never cently, and since 1999, there hasn’t mate models as proof of the cata- wanted that law to be enacted in the first been anyone who has agreed there is strophic warming hypotheses. Consider place? Or the groups who literally make a authenticity to the issue. In addition, one alarmist’s description, who wrote living destroying the reputation of this the U.N. report relies on an explosive recently: president’s nominees? Drawing on highly sophisticated computer The attacks on these rulings by Justice increase in emissions from poor coun- models, climate scientists can project, not Owen reminded me of what Mark Twain once tries over the next century based on predict, how much temperatures may rise by said: ‘‘A lie can travel halfway around the the political decision by the report’s say 2100 if we carry on with business as world while the truth is still putting on its author that countries such as Algeria usual. shoes.’’ But let’s keep our eye on the ball. will be as wealthy or wealthier than The American people know a controversial the United States. He continues: ruling when they see one—whether it’s the The third pillar, supposedly proving Although scenarios vary, some get pretty redefinition of marriage, or the expulsion of that the science is settled that the Arc- severe, and so do the projected impacts of the Pledge of Allegiance and other expres- tic is melting, is based on political climate change, rising sea levels, species ex- tensions, glacier melting and so forth. sions of faith from the public square—wheth- science. Arctic temperatures are no er it’s the elimination of the three-strikes- It sounds pretty scary, but the state- and-you’re out law and other penalties warmer than they were in the 1930s. Similarly, the thickness of the Arctic ment is completely false. It sheds no against convicted criminals, or the forced re- light on the likelihood or reliability of moval of military recruiters from college glaciers and the sea ice appears to vary campuses. Justice Owen’s rulings fall no- naturally by as much as 16 percent an- such projections. If, for example, a where near this category of cases. There is a nually. model shows a significant temperature world of difference between struggling to in- These and other factors which the increase over the next 50 years, how terpret the ambiguous expressions of a legis- alarmists find inconvenient would much confidence do we have in that lature, and refusing to obey a legislature’s seem to indicate that projections of an projection? Attaching probabilities to directives altogether. Arctic climate catastrophe are specula- model results is extremely difficult and Thankfully, the Senate has now effectively tive, at best. rife with uncertainties. acknowledged this important distinction, by Today I conclude the series on the In the 2000 edition of ‘‘Nature,’’ four guaranteeing Justice Owen an up-or-down climate modelers noted that: vote after four long years. four pillars of climate alarmists by dis- cussing the problems associated with A basic problem with all such predictions I yield the floor and I suggest the ab- global climate models. to date has been the difficulty of providing sence of a quorum. Let me begin by briefly explaining any systematic estimate of uncertainty. The PRESIDING OFFICER. The the climate models and how they func- This problem stems from the fact clerk will call the roll. tion. Climate models help scientists de- that: The legislative clerk proceeded to scribe changes in the climate system. These [climate] models do not necessarily call the roll. They are not models in the conven- span the full range of known climate system Mr. INHOFE. Mr. President, I ask tional sense; that is, they are not phys- behavior. unanimous consent that the order for ical replicas. Rather, they are mathe- According to the National Academy the quorum call be rescinded. matical representations of the physical of Sciences: The PRESIDING OFFICER. Without laws and processes that govern the . . . without an understanding of the sources objection, it is so ordered. Earth’s climate. According to Dr. and degree of uncertainty, decision-makers Mr. INHOFE. What is the regular David Legates of the University of could fail to define the best ways to deal order? Delaware, climate models ‘‘are de- with the serious issue of global warming. The PRESIDING OFFICER. The Sen- signed to be descriptions of the full This fact should temper the enthu- ate business is the nomination of Pris- three-dimensional destruction of the siasm of those who support Kyoto-style cilla Owen to be United States Circuit earth’s climate.’’ Dr. Legates claims regulations that will harm the Amer- Court Judge. models are used ‘‘in a variety of appli- ican economy. Mr. INHOFE. I ask unanimous con- cations, including the investigation of Previously, we have talked about the sent I be allowed to speak as in morn- the possible role of various climate harm to the economy and have referred ing business for such time as I con- forcing mechanisms and the simulation to the Wharton Econometric Survey sume. of past and future climates.’’ which was conducted by the Wharton The PRESIDING OFFICER. Without Thousands of climate changes stud- School of Economics. It gets into a lot objection, it is so ordered. ied rely on computer models. The Arc- of detail as to what is going to happen.

VerDate Aug 04 2004 02:34 May 25, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.022 S24PT1 S5838 CONGRESSIONAL RECORD — SENATE May 24, 2005 For example, to comply with Kyoto, it pled the atmosphere and oceans, has In January of 2000, the NRC panel ex- would cost the average family of four observed: amined the output from several cli- some $2,700 a year. So it is a very sig- Models that incorporate everything from mate models to assess how well they nificant thing. dust to vegetation may look like the real mimicked the observed surface and Now note, too, the distinction be- world, but the error range associated with lower atmospheric temperature trends. tween ‘‘project’’ and ‘‘predict.’’ The the addition of each new variable could re- They found that: sult in near total uncertainty. This would alarmist writer noted earlier creates Although climate models indicate that the misimpression that a projection is represent a paradox: The more complex the models, the less we know. changes in greenhouse gases and aerosols more solid than a prediction. But a play a significant role in defining the projection is the output of a model cal- We are often reminded that the IPCC vertical structure of the observed atmos- culation. Put another way, it is only as used sophisticated modeling techniques phere, model-observation discrepancies indi- good as the model’s equations and in- in projecting temperature increases for cate that the definitive model experiments puts. As we will see later in this pres- the coming century. But as William have not been done. entation, such inputs or assumptions O’Keefe and Jeff Kueter of the George John Wallace, the panel chairman about the future can be extremely C. Marshall Institute pointed out in a and professor of atmospheric sciences flawed, if not totally divorced from re- recent paper: at the University of Washington, put it ality. And this, to be sure, is only one The complex models envisioned by the more bluntly. He said: IPCC have many more than twenty inputs, of the many technical shortcomings There really is a difference between tem- and many of those inputs will be known with peratures at the two levels that we don’t that limit the scientific validity of cli- much less than 90 percent confidence. mate modeling. fully understand. Also, tinkering with climate vari- Unfortunately, rarely does any scru- More recently, researchers at the tiny accompany model simulations. ables is a delicate business—getting one variable wrong can greatly skew University of Colorado, Colorado State But based on what we know about the University, and the University of Ari- physics of climate models, as well as model results. Dr. David Legates has noted that: zona, examined the differences between the questionable assumptions built real-world temperature observations into the models themselves, we should Anything you do wrong in a climate model with the results of four widely used cli- be very skeptical of their results. This will adversely affect the simulation of every other variable. mate models. They probed the fol- is exactly the view of the National lowing question: Do the differences Take precipitation, for example. As Academy of Sciences. According to the stem from uncertainties in how green- Dr. Legates noted: NAS: house gases and other variables affect Climate models are imperfect. Their sim- Precipitation requires moisture in the at- the climate system or by chance model mosphere and a mechanism to cause it to ulation skill is limited by uncertainties in fluctuations; that is, the variability their formulation, the limited size of their condense (causing the air to rise over moun- tains, by surface heating, as a result of caused by the model’s flawed represen- calculations, and the difficulty of inter- tation of the climate system? preting their answers that exhibit as much weather fronts, or by cyclonic rotation). Any complexity as in nature. errors in representing the atmospheric mois- As it turned out, neither of these fac- ture content or precipitation-causing mecha- tors was to blame. According to the re- At this point, climate modeling is nisms will result in errors in the simulation searchers: still a very rudimentary science. As of precipitation. Significant errors in the simulation of Richard Kerr wrote in Science maga- Dr. Legates concluded: zine: globally averaged tropospheric temperature Clearly, the interrelationships among the structure indicate likely errors in tropo- Climate forecasting, after all, is still in its various components that comprise the cli- spheric water-vapor content and therefore infancy. mate system make climate modeling dif- total greenhouse-gas forcing, precipitable Models, while helpful for scientists in ficult. water, and convectively forced large-scale understanding the climate system, are The IPCC, in its Third Assessment circulation. far from perfect. According to cli- Report, noted this problem, and many Moreover, based on the ‘‘significant matologist Gerald North of Texas A&M others, with climate modeling, includ- errors of simulation,’’ the researchers University: ing—this is a quote from their report; called for ‘‘extreme caution in applying It’s extremely hard to tell whether the the very basis that many of the alarm- simulation results to future climate- models have improved; the uncertainties are ists are basing their decisions on: change assessment activities and to at- large. Discrepancies between the vertical profile tributions studies. Or as climate modeler Peter Stone of of temperature change in the troposphere They also questioned ‘‘the predictive the Massachusetts Institute of Tech- seen in observations and models. ability of recent generation model sim- nology put it: Large uncertainties in estimates of inter- ulations, the most rigorous test of any nal climate variability (also referred to as The major [climate prediction] uncertain- natural climate variability) from models and hypothesis.’’ ties have not been reduced at all. observations. There does not seem to be much wig- Based on these uncertainties, cloud Considerable uncertainty in the recon- gle room here: Climate models are use- physicist Robert Charlson, professor structions of solar and volcanic forcing ful tools, but unable, in important re- emeritus at the University of Wash- which are based on limited observational spects, to simulate the climate system, ington-Seattle, has concluded: data for all but the last two decades. undermining their ‘‘predictive ability.’’ Large uncertainties in anthropogenic To make it sound like we understand cli- forcings associated with the effects of Based on this hard fact, let me bring mate is not right. aerosols. you back to the alarmist writer I ref- This is not to deny that climate mod- Large differences in the response of dif- erenced earlier. As he wrote recently: eling has improved over the last three ferent models to the same forcing. Drawing on highly sophisticated computer decades. Indeed, scientists have con- I want to delve a little deeper into models, climate scientists can project—not structed models that more accurately the first point concerning the discrep- predict—how much temperature may rise by, reflect the real world. In the 1970s, ancies between temperature observa- say, 2100, if we carry on with business as models were capable only of describing tions in the troposphere and the sur- usual. the atmosphere, while over the last few face. This discrepancy is very impor- Again, based on what I have just re- years models can describe, albeit inad- tant because it tends to undermine a counted, this is disingenuous at best. I equately, the atmosphere, land surface, key assumption supporting the warm- think a fairminded person would find it oceans, sea ice, and other variables. ing hypothesis—that more rapid warm- horribly misleading and inaccurate. But greater complexity does not ing should occur in the troposphere Another serious model limitation mean more accurate results. In fact, than at the surface, creating the so- concerns the interaction of clouds and the more variables scientists incor- called greenhouse ‘‘fingerprint.’’ But water vapor with the climate system. porate, the more uncertainties arise. the National Research Council believes Dr. Richard S. Lindzen, professor of Dr. Syukuro Manabe, who helped cre- real-world temperature observations meteorology at MIT, reports of ‘‘ter- ate the first climate model that cou- tell a different story. rible errors about clouds in all the

VerDate Aug 04 2004 02:34 May 25, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.057 S24PT1 May 24, 2005 CONGRESSIONAL RECORD — SENATE S5839 models.’’ He noted that these errors pletely the reliability of any climate ‘‘The inputs needed to project climate ‘‘make it impossible to predict the cli- models.’’ for the next 100 years, as is typically mate sensitivity because the sensi- Another issue affecting model reli- attempted, are unknowable. Human tivity of the models depends primarily ability is the relative lack of available emissions of greenhouse gases and on water vapor and clouds. Moreover, if climate data, something the National aerosols will be determined by the clouds are wrong,’’ Dr. Lindzen said, Research Council addressed in 2001. Ac- rates of population and economic ‘‘there’s no way you can get water cording to the NRC, ‘‘[a] major limita- growth and technological change. Nei- vapor right. They’re both intimately tion of these model forecasts for use ther of these is predictable for more tied to each other.’’ around the world is the paucity of data than a short period into the future.’’ In fact, water vapor and clouds are available to evaluate the ability of Put simply, computer model simula- the main absorbers of infrared radi- coupled models to simulate important tions cannot prove that greenhouse gas ation in the atmosphere. Even if all aspects of past climate.’’ emissions will cause catastrophic glob- other greenhouse gases, including car- There is plenty of evidence to sup- al warming. Again, here’s the National bon dioxide, were to disappear, we port this conclusion. Consider, for ex- Academy of Sciences: ‘‘The fact that would still be left with over 98 percent ample, that most of the surface tem- the magnitude of the observed warming of the current greenhouse effect. But perature record covers less than 50 is large in comparison to natural varia- according to Dr. Lindzen, ‘‘the way years and only a few stations are as bility as simulated in climate models current models handle factors such as much as 100 years old. The only reli- is suggestive of such a linkage, but it clouds and water vapor is disturbingly able data come from earth-orbiting does not constitute proof of one be- arbitrary. In many instances the un- satellites that survey the entire atmos- cause—and this is a point I want to em- derlying physics is simply not known.’’ phere. Notably, while these tempera- phasize—the model simulations could Dr. Lindzen notes that this is a sig- ture measurements agree with those be deficient in natural variability on nificant flaw, because ‘‘a small change taken by weather balloons, they dis- the decadal to century time scale.’’ in cloud cover can strongly affect the agree considerably with the surface It’s clear that climate models, even response to carbon dioxide.’’ He further record. with increasing levels of sophistica- notes, ‘‘Current models all predict that There is also concern of an upward tion, still contain a number of critical warmer climates will be accompanied bias in the surface temperature record, shortcomings. With that in mind, pol- by increasing humidity at all levels.’’ caused by the ‘‘urban heat island ef- icymakers should reject ridiculous Such behavior ‘‘is an artifact of the fect.’’ Most meteorological stations in statements that essentially equate cli- models since they have neither the Western Europe and eastern North mate model runs with scientific truth. physics nor the numerical accuracy to America are located at airports on the As I discussed today, climate mod- deal with water vapor.’’ edge of cities, which have been envel- eling is in its infancy. It cannot predict I think sometimes you have to look oped by urban expansion. In the May future temperatures with reasonable at the science and the contradictions, 30, 2003, issue of Remote Sensing of En- certainty that these predictions are ac- and even if we don’t thoroughly under- vironment, David Streutker, a Rice curate. The physical world is exceed- stand what these people are saying, the University researcher, found an in- ingly complex, and the more complex fact is, they contradict each other. crease in the Houston urban heat is- the models, the more potential errors Sometimes you have to go back and land effect of nearly a full degree Cel- are introduced into the models. We un- look at reality. If they say the increase sius between 1987 and 1999. This study derstand little about how to accurately in the use of carbon dioxide and the confirmed research published in the model the troposphere and about the presence of it is the major thing caus- March 2001 issue of Australian Mete- role of aerosols, clouds and water ing anthropogenic gases and global orological Magazine, which docu- vapor. Moreover, there are enormous warming temperatures, look at what mented a significant heat island effect data gaps in the very short tempera- happened right after the war. After the even in small towns. ture records that we have. And surface war, they increased the use of CO2 by 85 Although climate modelers have data often conflict with more accurate percent. You would think that would made adjustments to compensate for balloon and satellite data. precipitate a warmer period, but it the urban heat island effect, other re- Models can enhance scientists’ under- didn’t. It precipitated a cooling period. searchers have shown such adjustments standing of the climate system, but, at When you get back to the arguments are inadequate. University of Maryland least at this point, cannot possibly and discrepancies, they agree there are researchers Eugenia Kalnay and Ming serve as a rational basis for policy- problems. Cai, in Nature magazine, concluded making. It seems foolish in the ex- Along with water vapor and clouds, that the effect of urbanization and treme to undermine America’s eco- aerosols, or particles from processes land-use changes on U.S. average tem- nomic competitiveness with policies such as dust storms, forest fires, the peratures is at least twice as large as based on computer projections about use of fossil fuels, and volcanic erup- previously estimated. what the world will look like in 100 tions, represent another major uncer- Finally, to expand on a point I raised years. In short, we have no idea what tainty in climate modeling. To be sure, earlier, climate models are helpful in the world will look like in 20 years, or there is limited knowledge of how creating so-called ‘‘climate scenarios.’’ even 10 years. aerosols influence the climate system. These scenarios help scientists describe So this concludes the fourth of the This, said the National Academy of how the climate system might evolve. pillars of climate alarmists, hopefully Sciences, represents ‘‘a large source of To arrive at a particular scenario, sci- just to show the science is flawed. uncertainty about future climate entists rely on model-driven assump- I think it is clear, as I mentioned a change.’’ tions about future levels of economic minute ago, that the science is not Further, the Strategic Plan of the growth, population growth, greenhouse there. Since 1999, the old argument of U.S. Climate Change Science Program, gas emissions, and other factors. How- Michael Mann, the guy who invented CCSP, which was reviewed and en- ever, as with the IPCC, these assump- the hockey-stick theory, where he was dorsed by the National Research Coun- tions can create wildly exaggerated measuring the Earth’s temperatures, cil, concluded that the ‘‘poorly under- scenarios that, to put it mildly, have we come into the 20th century—and stood impact of aerosols on the forma- little scientific merit. In 2003, sci- that is the blade on the hockey stick— tion of both water droplets and ice entists with the Federal Climate he intentionally left out the fact that crystals in clouds also results in large Change Science Program agreed that between the years 700 A.D. and 1100 uncertainties in the ability to project potential environmental, economic, A.D., there is another blade on the climate changes.’’ and technological developments ‘‘are hockey stick that went up the other Climate researcher and IPCC re- unpredictable over the long time-scales way and temperatures were warmer viewer Dr. Vincent Gray reached an relevant for climate research.’’ than they are today. even stronger conclusion, stating that William O’Keefe and Jeff Keuter of If you read the Wharton Econo- ‘‘the effects of aerosols, and their un- the George C. Marshall Institute reiter- metrics Survey, you will realize what certainties, are such as to nullify com- ated this point recently. As they wrote, will happen to America if we were to

VerDate Aug 04 2004 05:10 May 25, 2005 Jkt 039060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.014 S24PT1 S5840 CONGRESSIONAL RECORD — SENATE May 24, 2005 sign on to this, the economic damage stem cell policy. When President Bush tilization. When a woman who has been we would have to sustain, the fact it announced his policy, the administra- a donor of these eggs notifies that they would double the cost of energy, double tion said that 78 stem cells lines were are no longer wanted, that she is not the cost of gasoline to run our cars, eligible for federally funded research, going to use them—maybe she has al- and it would cost the average Amer- meaning they had to be derived before ready had a child or two and does not ican family $2,700, and you have to ask the totally arbitrary date and time of need these embryos—that person can the question: If the science is not real August 9, 2001, at 9 p.m. Why it was give permission to discard them. Why and it would inflict that much danger, permissible to use stem cell lines de- should that person not be able to give what is the reason we are doing it? rived before 9 p.m. but not at 9:01 or permission to allow them to be used by I think we can find the answer in 9:05 p.m. has always eluded me. Again, our top scientists for stem cell re- quoting from Margot Wallstrom. Mar- it is just an arbitrary time and date. search that could then save other got Wallstrom is the European Union’s The administration said there were lives? That is what some people are Environment Commissioner. She states 78 stem cell lines, but now we know asking us to do—just throw them away, that Kyoto is not about climate today that only 22 of those are avail- do not let them be used for research change, it is ‘‘about leveling the play- able for research, not nearly enough to that could save human suffering and ing field for big businesses worldwide.’’ reflect the genetic diversity that sci- save human lives. To this Senator, that One of your favorite people, I am entists need. But more importantly, all simply does not make any sense. sure, French President Jacques Chirac, 22 stem cell lines—all 22—that are So as I said, we have strict ethical in a speech during The Hague in 2000, available under the President’s policy guidelines that are set up so that they said that Kyoto represents ‘‘the first are contaminated with mouse feeder cannot be used for cloning, they cannot component of an authentic global gov- cells, making them useless for humans. be used for other things; only to derive ernance.’’ So the President’s policy is not a way the stem cells. That is all. If there is a I think we have had an opportunity forward; it is, indeed, a dead-end street. person who can give the authority to discuss this over and over, and it is It offers only false hope to the millions right now to the in vitro fertilization somewhat warming to me to realize of people across this country who are that things are not getting that much clinic to discard them, why should that suffering from diseases that could be person not have the right to say, No, warmer, and if that is happening, the potentially cured or treated through science is not showing it is due to an- use those frozen embryos to derive stem cell research. stem cells so that someone with a spi- thropogenic gases. We need a policy that offers true, Consequently, we as policymakers, nal cord injury might walk again, so meaningful hope to these patients and have to look at this and be sure before that someone with ALS can escape the their loved ones. That is why Senator we make any rash decisions that the death sentence, so that someone with SPECTER and I, along with Senators science is there. Clearly, the science is Parkinson’s can be returned to normal HATCH, FEINSTEIN, SMITH, and KEN- not there. functioning? Mr. President, I yield the floor and NEDY, introduced a companion bill to The House performed a great public suggest the absence of a quorum. the Castle-DeGette legislation that service today. I thank both sides of the The PRESIDING OFFICER. The just passed the House. Our bill expands aisle, Republicans and Democrats, who clerk will call the roll. the number of stem cell lines that fed- stepped up and voted for this bill. By The assistant legislative clerk pro- erally funded scientists can study by passing the Castle-DeGette bill, they ceeded to call the roll. lifting the arbitrary eligibility date of have given hope to millions of suffering Mr. HARKIN. Mr. President, I ask August 9, 2001. humans that we will indeed proceed unanimous consent that the order for Under our legislation, all stem cell with stem cell research that will al- the quorum call be rescinded. lines would be eligible for Federal re- leviate their suffering. It is now time The PRESIDING OFFICER. Without search regardless of the date they were for the Senate to act. derived, as long as they met strict eth- objection, it is so ordered. So together with Senator SPECTER, STEM CELL RESEARCH ical requirements. we are going to urge the majority lead- Since August of 2001, scientists have Mr. HARKIN. Mr. President, the er to bring up the bill as soon as pos- made great strides and great advances House of Representatives just minutes sible and let us have a vote in the Sen- in deriving stem cell lines. Many of the ago took a historic stand on behalf of ate and get this bill to the President so new lines were grown without mouse the millions of Americans who can ben- we can move ahead with embryonic feeder cells. So I ask, should not our efit from the enormous promise of stem stem cell research in this country. top scientists be studying those lines cell research. By a vote of 238 yeas to I yield the floor, and I suggest the ab- that have great potential and which 194 nays, the House passed H.R. 810. I sence of a quorum. congratulate both Congressman CAS- could be used to alleviate human suf- The PRESIDING OFFICER. The TLE, a Republican from Delaware, and fering, instead of being limited to the clerk will call the roll. Congresswoman DEGETTE, a Democrat 22 cell lines contaminated with mouse The assistant legislative clerk pro- from Colorado, who led a bipartisan ef- cells that will never be used in hu- ceeded to call the roll. fort in this regard to have this very mans? historic vote in the House of Rep- We do not require our astronomers to Mr. FRIST. I ask unanimous consent resentatives. explore the heavens with 19th century that the order for the quorum call be Indeed, a bipartisan majority re- telescopes. We do not require our ge- rescinded. jected the restrictive policies of this ologists to study the Earth with a tape The PRESIDING OFFICER. Without administration and voted to expand the measure. If we are serious about real- objection, it is so ordered. number of stem cell lines that are eli- izing the promise of stem cell research, Mr. FRIST. I ask unanimous consent gible for federally funded research. In our biomedical researchers need access that when the Senate resumes consid- doing so, they have brought new hope to the best stem cell lines available. eration of the Owen nomination tomor- to Americans who suffer from diseases I also emphasize that none of the ad- row morning, the time until 12 noon be such as Parkinson’s and juvenile diabe- ditional lines would require the cre- equally divided between the two lead- tes, ALS, as well as spinal cord inju- ation of any new embryos. Instead, ers or their designees; provided further ries. these lines could be derived from any of that at noon, all time be expired under Now it is up to us in the Senate to the more than 400,000 embryos that re- rule XXII and the Senate proceed to pass the same bill without amendments main from fertility treatments and the vote on the confirmation of the so we can send it to the President’s will otherwise be discarded. We are nomination with no intervening action desk as soon as possible. The American talking about embryos that are going or debate; and provided further, fol- people cannot afford to wait any longer to be thrown away, legally. Should we lowing that vote, the President be im- for our top scientists to realize the full not use them instead to ease human mediately notified of the Senate’s ac- potential of stem cell research. suffering? tion. Regrettably, research has been sty- Think about this: We have 400,000 fro- The PRESIDING OFFICER. Without mied and slowed under the President’s zen embryos left over from in vitro fer- objection, it is so ordered.

VerDate Aug 04 2004 01:23 May 25, 2005 Jkt 039060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.053 S24PT1 May 24, 2005 CONGRESSIONAL RECORD — SENATE S5841 MORNING BUSINESS One of his friends, Austin Thompson, bright, red stripe that runs the length Mr. FRIST. I ask unanimous consent remembers Todd’s ability to laugh in of each trouser leg—the ‘‘bloodstripe.’’ there now be a period of morning busi- almost any situation: ‘‘He always had a It represents all the blood shed by ma- ness with Senators permitted to speak great sense of humor, and he was also rines in battle. It is a red stripe of sac- for up to 10 minutes each. very loyal to his friends. He always rifice—and for Todd Godwin, it rep- The PRESIDING OFFICER. Without looked out for them and loved to be resents the ultimate sacrifice. objection, it is so ordered. with them.’’ Todd was truly a man of faith, who Todd encouraged one of his friends, lived the Marine credo ‘‘Semper f Josh Carpenter, to ‘‘hang tough’’ in Fidelis,’’ which means, of course, ‘‘al- HONORING OUR ARMED FORCES Marine boot camp. He wrote a letter to ways faithful.’’ Todd was forever faith- Josh that said, ‘‘I’m sure you can’t ful to his friends and family, through MARINE CORPORAL TODD GODWIN wait to graduate and get some of the his love and care; to his community, Mr. DEWINE. Mr. President, I rise comforts of life back. Just remember through his respect and good deeds; this afternoon to pay tribute to an ex- you have to pay your dues, just like and to his country, through his courage ceptional young man who gave his life every Marine. I’m sure you’ll do fine— and his sacrifice. For all that Todd in the defense of freedom. Marine Cpl I have confidence you’ll succeed.’’ Josh gave us, we honor him today. Todd Godwin, from Zanesville, OH, died had joined the Marines because he My wife, Fran, and I continue to keep on July 20, 2004, when the Humvee he looked up to Todd. Todd’s letter helped Todd’s parents, Bill and Kathy; his was riding in was struck by shrapnel Josh get through the challenges of boot brother, Aaron; his sisters, Sarah and from a roadside explosive in the Al camp, so that he, too, could be one of Anna; his grandparents, Clement and Anbar province in Iraq. He was 21 years the few and the proud. Esther Jones; and, the love of his life, old. A letter like that is a little thing, a Andrea Mendenhall, in our thoughts CPL Godwin was a sniper with the 1st small deed, but Todd Godwin was al- and in our prayers. Battalion, 8th Marines, 2nd Marine Di- ways doing those ‘‘little things’’ for Mr. President, I thank the Chair and vision and was on his second tour-of- others. That is just who he was. When yield the floor. duty in Iraq. Always ready with a Todd saw that his fiancee’s younger f smile or a joke, Todd was an easy brother, Caleb, was wearing a U.S. going, respectful person with a big Navy tie clasp, he brought him a Ma- THE HEAD START heart. He was also a Marine through rine clasp to wear, instead. It was a REAUTHORIZATION BILL and through—something he took very small gift that meant a great deal to Mr. ALEXANDER. Mr. President, I seriously—something he had been Caleb, who describes Todd as ‘‘my best cosponsor 1107, the Head Start Im- training for his whole life. buddy I ever had.’’ provements for School Readiness Act, a Born on March 4, 1983, to Bill and One of Todd’s friends from high bill to reauthorize Head Start. I join Kathy Godwin, Todd was an alert, ener- school, Kimberly Burley, remembers my colleagues Senators ENZI, KENNEDY, getic child who grew up with an inter- another of his deeds that took place on and DODD in support of this legislation. est in the military. His father remem- the night of the Zanesville Christian I would like to see Head Start ex- bers him playing with G.I. Joes, wear- School junior-senior banquet: panded and serve more children but ing fatigues, and simulating wars. Ac- It was raining that night, and he came out first we must ensure that this program cording to his brother, Aaron, the two to greet all the girls at their car with an um- is accountable, financially solvent, and boys would hang dolls outside and brella. meeting the purpose for which it was shoot at them with a BB gun, honing Such a gallant act was really typical intended. their targeting skills. of Todd. It was just another ‘‘little This bill strengthens the Head Start Apart from these activities, Todd thing’’ he had done for others. program, making four key improve- sought to perfect his body. He could But, when we look at all the ‘‘little ments by: often be found working out at ‘‘the things’’ together—the letters, the tie No. 1, establishing 200 Centers of Ex- Fieldhouse’’ fitness center or prac- clasps, the way he acted always, the cellence that would serve as model ticing his Tae Kwon Do, for which he jokes that made people smile—we see Head Start programs across the coun- received two black-belts. Whether in- such a much bigger picture, a picture try; tentional or not, Todd seemed to be of an exceptionally caring, thoughtful, No. 2, providing that grantees shall grooming himself for the military, ac- generous young man. We see that he re-compete to receive grants every 5 quiring a host of skills that would did the ‘‘little things’’ for people be- years to help ensure a constant, high serve him well in the Marines. cause he had a very big heart. level of quality; After graduating from Zanesville Todd also had big plans. He was en- No. 3, clearly defining ‘‘deficiency’’ Christian School in June 2001, he joined gaged to Andrea Mendenhall, whom he so that local Head Start providers the Marines. His high school principal loved dearly. They were planning on know the standards by which they will said that Todd ‘‘had a goal of being a getting married when Todd finished his be held accountable; and Marine, and he wasn’t going to let any- tour of duty in Iraq. Todd and Andrea No. 4, providing clear authority to thing get in the way of that.’’ were going to go to college with money the governing boards to administer— Todd excelled as a Marine and com- Todd was saving through the GI bill. and be held accountable for—local pleted the intensely competitive and They also talked of someday moving to Head Start programs while ensuring selective sniper training to win a spot Corpus Christi, TX. These plans, of policy councils, on which parents sit, in the sniper platoon. It was a spot he course, were not realized because Todd, continue to play an important advisory wanted because, according to his moth- once again, was looking out for others, role. er, ‘‘He wanted to be with people who as he did all his life. His dreams were Head Start has been one of our coun- were really serious about what they put on hold so that others could be free try’s most successful and popular so- did.’’ Indeed, Todd Godwin was a seri- and safe and able to fulfill their own cial programs. That is because it is ous Marine who took pride in his duty dreams. based upon the principle of equal op- to defend our country and to spread Mr. President, and Members of the portunity, which is at the core of the freedom to other parts of the world. Senate, a uniform does not make a ma- American character. Americans Todd was an exemplary Marine and rine. The person wearing that uniform uniquely believe that each of us has also just a good, decent person—the makes a marine. And, each color of the right to begin at the same starting type of person others remember as hav- that uniform signifies the characteris- line and that, if we do, anything is pos- ing ‘‘a way about them’’—the type of tics of the marine inside it. Todd God- sible for anyone one of us. person who was quick to smile, who win wore his uniform with pride. He ex- We also understand that some of us was compassionate, and who was good emplified the blue standing for brav- need help getting to that starting line. at making people feel at ease. It seems ery, the white standing for honor, and Most Federal funding for social pro- as though everyone who knew Todd the red standing for sacrifice. Unique grams is based upon this understanding liked him. to the Marine uniform, of course, is the of equal opportunity. Head Start began

VerDate Aug 04 2004 01:23 May 25, 2005 Jkt 039060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.056 S24PT1 S5842 CONGRESSIONAL RECORD — SENATE May 24, 2005 in 1965 to make it more likely that dis- ters of Excellence would be nominated sponsibilities, misuse funds, lose its advantaged children would successfully by governors. Each Center of Excel- legal status or financial viability, or arrive at one of the most important of lence would receive a Federal bonus violates other standards specified in our starting lines: the beginning of grant of at least $200,000 in each of 5 the bill. school. years, in addition to its base funding. Finally, the bill makes clear that the Head Start over the years has served The Centers of Excellence bonus Governing Board shall be the body that hundreds of thousands of our most at- grants will be used for centers: is charged with running local programs risk children. The program has grown No. 1, to work in their community to and which will be held accountable for and changed. It has been subjected to model the best of what Head Start can those programs. During our hearing on debates and studies touting its suc- do for at-risk children and families, in- April 5, we learned from Mayor Whar- cesses and decrying its deficiencies. cluding getting those children ready ton of Shelby County, TN, and other But Head Start has stood the test of for school and ready for academic suc- witnesses, that the dual governance time because it is so very important. cess; structure between the governing board We have made great progress in what No. 2, to coordinate all early child- and the policy council was inadequate we know about the early growth and hood services in their community; and neither body had decision-making development of young children since No. 3, to offer training and support to authority. This bill gives governing Head Start began in 1965. At that time all professionals working with at-risk boards direct authority—and holds very few professionals had studied children; them accountable—while ensuring that early childhood education. Even fewer No. 4, to track these families and en- policy councils, on which parents sit, had designed programs specifically for sure seamless continuity of services continue to play an important advisory children in poverty with their many from prenatal to age 8; role in the running of local Head Start challenges. No. 5, to become models of excellence programs. The origins of Head Start come from by all performance measures and be My mother taught me the impor- an understanding that success for these willing to be held accountable for good tance of preschool education. When I children was not only about education. outcomes for our most disadvantaged was growing up, she ran a kindergarten The program was designed to be cer- children; and in a converted garage in our backyard tain these children were healthy, got No. 6. to have the flexibility to serve in Maryville, TN. She helped our com- their immunizations, were fed hot additional Head Start or Early Head munity appreciate the value of a good meals, and—of crucial importance— Start children or provide more full-day preschool program. I have remembered that their parents were deeply involved services to better meet the needs of both lessons in working with my col- in the program. working parents. leagues to fashion this proposal to From the beginning comprehensive While Head Start centers are uneven bring out the best in Head Start. services and parent and community in- in performance, they have generally I hope that my colleagues will join volvement were essential parts of good excelled in two areas critical to success me in advancing this critical legisla- Head Start programs. And that is still in caring for and educating children— tion to ensure the Head Start program true today. In the early days, teacher developing community support and en- meets its full potential. couraging parental involvement. Alex training and curriculum were seen as f less important. But we now know a Haley, the author of Roots, lived by great deal more about brain develop- these six words, ‘‘Find the good and ADDITIONAL STATEMENTS ment and how children learn from praise it.’’ For me that was an invalu- birth. able lesson. That’s what I hope these LINCOLN FINANCIAL GROUP: Today young children are expected to centers will do. CELEBRATING A CENTURY OF learn more and be able to do more in In addition to providing for the es- EXCELLENCE—1905–2005 order to succeed in school. Public tablishment of Centers of Excellence to schools offer kindergarten in response highlight and encourage better prac- ∑ Mr. LUGAR. Mr. President, I rise to these changes. And 40 States now tices among local Head Start pro- today in celebration of the centennial offer early childhood programs. grams, the bill establishes three new anniversary of Lincoln Financial As we reauthorize the Head Start methods for ensuring accountability in Group. program, it is important to recognize the management and running of the In 1905, Lincoln Financial Group its importance and commit to making programs. began with one product, one company, it stronger. But we must also recognize First, it provides that grantees shall four employees and a small rented that the program is not fulfilling its re-compete for grants every 5 years. space above a telegraph office in down- promise. Head Start is not meeting its This ensures that, after 5 years, their town Fort Wayne, Indiana. Amid the purpose of serving our children who are program is still meeting its standards. stir of controversy that gripped the most at risk when dollars are being I recognize that consistency is very im- big, established insurers at the time, squandered by those people who have portant for the Head Start programs, Lincoln’s founders envisioned a new in- been charged with providing this serv- especially for the children served by surance enterprise—one based on de- ice. Current practices do not meet my these grants. Many Head Start grant- pendability and honesty. Believing personal standard for managing and ees are doing a very good job admin- that the name of Abraham Lincoln running a program. istering their grants, and I hope this would powerfully convey this spirit, This bill attempts to address this reapplication process will highlight the founders wrote the 16th President’s issue by holding up successful local their success. To help streamline the only surviving son, Robert Todd Lin- programs so that others may follow process for successful programs, grant- coln, to ask for permission to use a their example and by clarifying lines of ees that have not been found deficient portrait of his father on the company accountability so that any corrupt nor to have had an area of noncompli- stationery. Robert Todd Lincoln practices may be rooted out. The bill ance left unresolved for more than 120 agreed, and that is how Lincoln’s leg- would create a way for States to help days will receive a priority designation acy began with a name that reflects its strengthen and coordinate Head Start, during the re-competition process. character. but would continue to send Federal Second, the bill for the first time de- Since its founding, Lincoln Financial funds directly to nearly 1,700 grantees fines what makes a local program ‘‘de- has consistently leveraged its strong that provide services in over 29,000 ficient.’’ This will provide clarity for capital foundation to grow. From 1905– Head Start centers that serve just over Head Start grantees so that they know 1955, Lincoln Life grew to become the 900,000 disadvantaged children. the precise standards to which they ninth largest life insurance company in First, the bill authorizes the Sec- will be held. Under the bill, a program the United States. Even during the retary of HHS to create a nationwide may be deemed deficient if it is found Great Depression, Lincoln acquired network of 200 Centers of Excellence in to threaten the health, safety, or civil three companies. In 1968, Lincoln Na- Early Childhood built around exem- rights of children or staff, deny parents tional Corporation was formed as an plary Head Start programs. These Cen- the exercise of their full roles and re- Indiana corporation. At the time, it

VerDate Aug 04 2004 05:30 May 25, 2005 Jkt 039060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.009 S24PT1 May 24, 2005 CONGRESSIONAL RECORD — SENATE S5843 was one of the first holding companies it looks to build a future of oppor- Erected in 1952, Pheasant City Drive-in in the insurance industry. tunity, focused on its shared values.∑ Theater still entertains more than 2,800 In the last decades of the 20th cen- f Redfield residents. tury, Lincoln transformed itself from a In the twelve and a half decades since life insurance company into a nation- HONORING THE CITY OF its founding, Redfield has proven its ally recognized financial services en- REDFIELD, SD ability to thrive and serve farmers and terprise. The corporation adopted the ∑ Mr. JOHNSON. Mr. President, I rise ranchers throughout the region. name Lincoln Financial Group as its today to honor and publicly recognize Redfield’s proud residents celebrate its marketing name in 1998. In addition to the 125th anniversary of the founding 125th anniversary July 1–3, 2005, and it Fort Wayne, Lincoln maintains pri- of the city of Redfield, SD. As the 125th is with great honor that I share with mary offices in Philadelphia, PA; Hart- anniversary approaches, Redfield looks my colleagues the achievements made ford, CT; Chicago, IL; Portland, ME; back on a proud history and looks for- by this great community.∑ and Barnwood, Gloucester, England. ward to a promising future. f Today, Lincoln is a family of compa- Located in east central South Da- FRIENDS AND FOOD FOR FIFTY nies working together to provide an kota, Redfield is the county seat for YEARS IN ST. ANTHONY, ID array of financial planning, retirement Spink County, the largest wheat-pro- income, life insurance, annuity, mu- ducing county in our State. First set- ∑ Mr. CRAPO. Mr. President, there is a tual fund, and investment management tled in 1878 by Frank Meyers and a small town in Idaho that celebrates a solutions to its clients. As of year-end party of Chicago and Northwestern sur- very special anniversary this year. 2004, Lincoln had consolidated assets of veyors, Redfield was originally known Fifty years ago in 1955, the St. An- $116 billion and annual consolidated as ‘‘Stennett Junction;’’ named after thony, ID Chamber of Commerce paid revenues of $5.4 billion in 2004. an official with the Chicago and North- for travelers to have coffee and donuts Lincoln’s growth has been spurred by western Railroad. The term ‘‘Junc- at any of the local cafes to celebrate a corporate culture that rewards cre- tion’’ was added in anticipation of the the opening day of fishing season. The ativity and believes that success is de- railroad’s popularity. Meyers estab- effort, which encouraged fishermen and rived from a diverse and talented work- lished the first post office in 1880, thus women to stop in St. Anthony for sup- force. The people of Lincoln have al- marking the town’s official birth. In plies, was so successful that this tiny ways valued the trust customers place February of 1881, however, the town’s town decided to prepare and serve a in the company each time they seek fi- name was changed to Redfield, after full breakfast of pancakes, sausage, nancial advice, purchase a Lincoln Joseph Barlow Redfield, an auditor hash browns and beverages for hungry product or recommend the company to with the Chicago and Northwestern travelers every year. By 1966, 10,000 a friend. The company has seven shared Railroad Company who purchased a people were served over the course of values that reflect the principles ex- great deal of the area’s land for inves- one day, more than three times the pressed by its namesake and charac- tors in Chicago. current population of the town. Today, Although Redfield now serves as the terize the quality of its products: in- about 5,000 people a year get to enjoy county seat for Spink County, prior to tegrity; commitment to excellence; re- the great food and super hospitality of 1886, that was not the case. In fact, this small town in southeast Idaho that sponsibility; respect; fairness; diver- Redfield supporters fought a conten- serves as a gateway to the Snake River sity; and employee ownership. tious and controversial county seat Lincoln’s sense of responsibility and some of the best fishing in the battle between Old Ashton, Ashton, shapes not only its business practices, West. Frankfort and Redfield. Despite these I congratulate the St. Anthony but also its commitment to the com- efforts, old Ashton retained its position Chamber of Commerce and all of the munities where it operates. Since its as county seat. All that changed, how- volunteers who this year and in years founding, Lincoln has recognized that ever, in 1886, when Redfield honestly past have come together to give people investing in these communities is fun- won the majority of the votes in Spink a smile, laughter and a delicious hot damental to its success. The company’s County and was awarded the seat it breakfast.∑ spirit of philanthropy led to the estab- still proudly claims. f lishment of the Lincoln Financial Among the city’s many landmarks is Group Foundation in 1962, which fur- the historic Carnegie Library. In 1902, CHILDREN’S HOSPICE ther inspired a rich tradition of giving. Redfield welcomed a grant from the INTERNATIONAL Today, Lincoln sets aside 2 percent of Andrew Carnegie Foundation that ∑ Mr. BENNETT. Mr. President, on its pre-tax earnings for philanthropy. made the library possible. This con- May 23 of this year, Children’s Hospice Over the past 30 years, the Lincoln Fi- tribution transformed a simple reading International celebrates its 22nd anni- nancial Group Foundation has given club into a majestic red brick building versary of helping children with life- over $70 million in charitable giving in adorned with a tan sandstone founda- threatening illnesses find comfort and Indiana. tion, a domed cupola and beautiful oak care through hospice care programs In addition to the company’s mone- columns and woodwork. In the li- around the country and the world. tary donations, its employees bring the brary’s early years, it housed the Several members of this distin- company’s spirit of philanthropy to life Redfield city offices, in addition to the guished body, including former Senate every day. Collectively, they donate collections; the City Auditor doubled Majority Leader Robert K. Dole of thousands of hours each year in per- as librarian. Recently, I had the pleas- Kansas and former Senator Claiborne sonal volunteerism and participation ure of helping the community of Pell of Rhode Island, were among the in various company-sponsored commu- Redfield secure $100,000 to renovate and organization’s early supporters because nity activities. To encourage and rec- expand this historic structure, which is they recognized the need to provide ognize their efforts, Lincoln provides the oldest continuous-use Carnegie Li- comprehensive hospice care for chil- employees with paid time off to par- brary in South Dakota. dren who are suffering from difficult ticipate in various volunteer projects. The South Dakota Developmental medical conditions. The company’s Matching Gifts pro- Center, SDDC, is another notable In 1977, when CHI was founded by gram to colleges and universities also Redfield landmark. Opened in 1902, the Ann Armstrong-Dailey, there were no maximizes employee donations. From SDDC originally housed the staff and hospice care programs for children in food drives to donating blood, home- the patients in a single building, which the United States. In 1983, only four of building projects to tutoring, Lincoln is still used for office space today. 1,400 hospice programs in the United employees actively make a difference There are currently 175 disabled indi- States were willing to accept children. in the communities they call home. viduals receiving services from SDDC Now, close to 450 of 3,000 U.S. hospices As it celebrates its centennial, Lin- today, ranging in age from 13 months include child-specific services. And coln’s name gives a distinctive char- to 78 years of age. Their disabilities while that is good news, there is much acter to its legacy. range from moderate to profound. more to be done. As the next 100 years begin, there is Redfield also is home to one of the Of the 10 million children in America much to celebrate for the company as last surviving drive-in movie theaters. who are living with a serious chronic

VerDate Aug 04 2004 05:10 May 25, 2005 Jkt 039060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.043 S24PT1 S5844 CONGRESSIONAL RECORD — SENATE May 24, 2005 condition, each year about 54,000 will As we approach Memorial Day, it H.R. 29. An act to protect users of the die; another 1.3 million will live but should be noted that Children’s Hospice Internet from unknowing transmission of could greatly benefit from hospice and International is a living memorial to their personally identifiable information palliative care. Ensign Alan H. Armstrong and his through spyware programs, and for other purposes. Historically, hospice reimbursement shipmates lost aboard the U.S.S. Frank H.R. 32. An act to amend title 18, United guidelines, in Medicaid and most pri- E. Evans during the conflict in Viet- States Code, to provide criminal penalties vate plans, have required that patients nam. Armstrong is the brother of CHI for trafficking in counterfeit marks. forego all life-saving care before they Founder Ann Armstrong-Dailey. I H.R. 606. An act to authorize appropria- can be admitted to hospice. They have deeply appreciate Ensign Armstrong’s tions to the Secretary of the Interior for the also required the patient to be within service to our country. restoration of the Angel Island Immigration I commend Children’s Hospice Inter- Station in the State of California. the last 6 months of life. However, this H.R. 744. An act to amend title 18, United does not work with pediatric patients national on its 22nd anniversary as it States Code, to discourage spyware, and for for whom aggressive treatment is seeks to remove the roadblocks in pri- other purposes. sought and life-expectancy cannot be vate and public insurance programs H.R. 849. An act to provide for the convey- estimated. that prevent these children and their ance of certain public land in Clark County, Families should not be expected to families from receiving the care and Nevada, for use as a heliport. give up on hope for a cure in order to support they need. H.R. 1101. An act to revoke a Public Land Order with respect to certain lands erro- receive that help. Because of the unpre- I too believe in the vision that Ann Armstrong-Dailey, along with original neously included in the Cibola National dictable course of many serious child- Wildlife Refuge, California. hood illnesses, it is often very difficult honorary board members Barbara H.R. 1499. An act to amend the Internal for doctors to know when a child is Bush, and Senators Claiborne Pell and Revenue Code of 1986 to allow members of within 6 months of death. Parents Robert Dole, put forth 22 years ago the Armed Forces serving in a combat zone should not have to choose between hos- when they launched this very impor- to make contributions to their individual re- pice care and the hope for a cure. Par- tant effort to provide dignified care tirement plans even if the compensation on ents should not have to keep their and support to children with life- which such contribution is based is excluded from gross income, and for other purposes. child in a hospital or other facility threatening conditions and their fami- lies.∑ H.R. 2046. An act to amend the simply because insurance will not pay Servicemembers Civil Relief Act to limit for the child to receive the same care, f premium increases on reinstated health in- at a lower cost, at home. NATIONAL HISTORY DAY 2005 surance on servicemembers who are released The most critical time for children from active military service, and for other ∑ Mr. CONRAD. Mr. President, today I and family members is at the point of purposes. wish to say a few words about National diagnosis—when they need the inten- H.R. 2066. An act to amend title 40, United History Day. For the past 25 years, Na- States Code, to establish a Federal Acquisi- sive support and guidance that hospice tional History Day has provided stu- tion Service, to replace the General Supply and palliative care programs can pro- dents in grades 6–12 with opportunities Fund and the Information Technology Fund vide. to study different periods or trends in with an Acquisition Services Fund, and for Since 1997, CHI has worked with the American history. National History other purposes. Centers for Medicare and Medicaid Day is a year-long educational oppor- The message also announced that the Services, CMS, to set up the Program tunity for students to examine a period House has agreed to the following con- for All-Inclusive Care for Children and of American history closely through current resolutions, in which it re- their Families, CHI PACC. CHI PACC extensive research, development of ex- quests the concurrence of the Senate: programs provide a continuum of care hibits and presentations, and multi- H. Con. Res. 89. Concurrent resolution hon- for children and their families from media documentaries. This year’s na- oring the life of Sister Dorothy Stang. time of diagnosis, with hope for a cure, H. Con. Res. 149. Concurrent recognizing tional competition topic is ‘‘Commu- the 57th anniversary of the independence of through bereavement, if needed. nication in History,’’ and the competi- With Congressional support, a total the State of Israel. tion will be held on the campus of the of 18 States are already benefiting from H. Con. Res. 153. Concurrent resolution University of Maryland in June. welcoming His Excellency Hamid Karzai, the this initiative through CHI PACC pro- I am especially proud of the students President of Afghanistan, on the occasion of grams in six States and two regions. from my State of North Dakota who his visit to the United States in May 2005 and States currently implementing CHI have been selected to participate in expressing support for a strong and enduring PACC are Colorado, Florida, Kentucky, this program this year. These students strategic partnership between the United New York, Virginia, and my home participated in the North Dakota State States and Afghanistan. State of Utah, which will be among the competition and were selected to rep- f first to implement this model. resent the State in the national com- MEASURES REFERRED Utah has been one of the leaders in petition. They include Edward The following bills were read the first this effort. Utah’s Department of Gallegos, Kelbi Clarke, Lyndsie Cossel, Health has spearheaded the effort in and the second times by unanimous Sejal Parikh, Sarak Shirek, Amirah consent, and referred as indicated: Utah, and the Primary Children’s Med- Ahmed, Amber Guseman, Annah ical Center in Salt Lake City, UT has H.R. 29. An act to protect users of the Klamm, Meghan Graham, Katie Sanner Internet from unknowing transmission of been a central point of developing and Amanda Malm from Grand Forks. these pediatric palliative services to their personally identifiable information They also include Erin Droske, Aaron through spyware programs, and for other assist families from the point of diag- Christianson, Jessica King, Micah purposes; to the Committee on Commerce, nosis. Gilleshammer and Sarah Lunde of St. Science, and Transportation. The New England Region is also pre- Thomas. These students represent the H.R. 32. An act to amend title 18, United paring to implement CHI PACC to Schroeder Middle School and Red River States Code, to provide criminal penalties serve six States—Connecticut, Maine, High School in Grand Forks and the for trafficking in counterfeit marks; to the Committee on the Judiciary. Massachusetts, New Hampshire, Rhode St. Thomas Public School in St. Thom- Island and Vermont. The Colorado pro- H.R. 606. An act to authorize appropria- as, ND. I congratulate them and wish tions to the Secretary of the Interior for the gram extends to patients in six addi- them much success in the national restoration of the Angel Island Immigration tional States—Kansas, Montana, Ne- competition.∑ Station in the State of California; to the braska, New Mexico, South Dakota and f Committee on Energy and Natural Re- Wyoming. In Pennsylvania, the Depart- sources. ment of Defense is working to adopt MESSAGE FROM THE HOUSE H.R. 744. An act to amend title 18, United the CHI PACC model for its health care At 12:10 p.m., a message from the States Code, to discourage spyware, and for system. The goal of all of these efforts House of Representatives, delivered by other purposes; to the Committee on the Ju- diciary. is to prove the effectiveness of the CHI Ms. Niland, one of its reading clerks, H.R. 849. An act to provide for the convey- PACC model so that it can be adopted announced the the House has passed ance of certain public land in Clark County, universally through Medicaid, S-SCHIP the following bills, in which it requests Nevada, for use as a heliport; to the Com- and private insurers. the concurrence of the Senate: mittee on Energy and Natural Resources.

VerDate Aug 04 2004 05:10 May 25, 2005 Jkt 039060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.037 S24PT1 May 24, 2005 CONGRESSIONAL RECORD — SENATE S5845 H.R. 1101. An act to revoke a Public Land unit as one of the best in the Air Force, and Closure and Realignment Commission’s list Order with respect to certain lands erro- all of these awards demonstrate the high ca- of proposed bases to be closed, as it is a valu- neously included in the Cibola National pability of the unit and the unit’s ability to able asset to the state of Ohio and the de- Wildlife Refuge, California; to the Com- perform at the Mansfield Lahm Airport; and fense of our nation, and memorializes Con- mittee on Energy and Natural Resources. Whereas Congress authorized a new round gress to take appropriate action so that this H.R. 1499. An act to amend the Internal of the Base Realignment and Closure process base is not included in the Commission’s clo- Revenue Code of 1986 to allow a deduction to to occur this year, which has the potential sure list; and be it further members of the Armed Forces serving in a to affect the 179th Airlift Wing, Ohio Na- Resolved, That the Clerk of the Senate combat zone for contributions to their indi- tional Guard, and the community of Mans- transmit duly authenticated copies of this vidual retirement plans even if the com- field that supports the unit; and resolution to the President of the United pensation on which such contribution is Whereas the 179th Airlift Wing is active in States, the Secretary of Defense of the based is excluded from gross income, and for the community through various events and United States, the members of the Ohio Con- other purposes; to the Committee on Fi- organizations, employs approximately 1,000 gressional delegation, the Speaker and Clerk nance. individuals, and provides economic support of the United States House of Representa- H.R. 2046. An act to amend the and benefits to the city of Mansfield and the tives, the President Pro Tempore and the Servicemembers Civil Relief Act to limit surrounding communities; now therefore be Secretary of the United States Senate, and premium increases on reinstated health in- it the news media of Ohio. surance on servicemembers who are released Resolved, That the 126th General Assembly from active military service, and for other of the State of Ohio supports the 179th Air- POM–59. A resolution adopted by the House purposes; to the Committee on Veterans’ Af- lift Wing, Ohio Air National Guard, at the of Representatives of the Commonwealth of fairs. Mansfield Lahm Airport and firmly believes Pennsylvania relative to a postage stamp H.R. 2066. An act to amend title 40, United that the unit and base should not be included commemorating coal miners; to the Com- States Code, to establish a Federal Acquisi- in the Defense Base Closure and Realignment mittee on Banking, Housing, and Urban Af- tion Service, to replace the General Supply Commission’s list of proposed bases to be fairs. Fund and the Information Technology Fund closed, as it is a valuable asset to the state HOUSE RESOLUTION 108 with an Acquisition Services Fund, and for of Ohio and the defense of our nation, and Whereas our entire nation owes our coal other purposes; to the Committee on Home- memorializes Congress to take appropriate miners a great deal more than we could ever land Security and Governmental Affairs. action so that this base is not included in repay them for the difficult and dangerous The following concurrent resolutions the Commission’s list; and be it further job which they perform so that we can have Resolved, That the Clerk of the Senate were read, and referred as indicated: the fuel we need to operate our industries transmit duly authenticated copies of this and to heat our homes; and H. Con. Res. 89. Concurrent resolution hon- resolution to the President of the United Whereas coal mining is as much of a cul- oring the life of Sister Dorothy Stang; to the States, the Secretary of Defense of the ture as it is an industry; and Committee on the Judiciary. United States, the members of the Ohio Con- Whereas coal miners sacrifice life and limb H. Con. Res. 149. Concurrent resolution rec- gressional delegation, the Speaker and Clerk for little recognition, and it would be proper ognizing the 57th anniversary of the inde- of the United States House of Representa- and fitting for our nation to recognize our pendence of the State of Israel; to the Com- tives, the President Pro Tempore and the coal miners, past and present, for their con- mittee on Foreign Relations. Secretary of the United States Senate, and tributions; therefore be it H. Con. Res. 153. Concurrent resolution the news media of Ohio. Resolved, That the General Assembly of the welcoming His Excellency Hamid Karzai, the Commonwealth of Pennsylvania memorialize President of Afghanistan, on the occasion of POM–58. A resolution adopted by the Gen- the Citizens’ Stamp Advisory Committee of his visit to the United States in May 2005 and eral Assembly of the State of Ohio relative the United States Postal Service to issue a expressing support for a strong and enduring to the exclusion of the 178th Fighter Wing, commemorative stamp honoring our coal strategic partnership between the United Ohio Air National Guard, at the Springfield- miners and their contributions to our nation States and Afghanistan; to the Committee Beckley Municipal Airport in Springfield, and its citizens; and be it further on Foreign Relations. Ohio from the list of base closures for the Resolved, That copies of this resolution be f Base Realignment and Closure process; to delivered to the Citizens’ Stamp Advisory the Committee on Armed Services. Committee, c/o Stamp Development, United MEASURES PLACED ON THE CONCURRENT RESOLUTION 10 States Postal Service, 1735 North Lynn CALENDAR Whereas the 178th Fighter Wing, Ohio Air Street, Room 5013, Arlington, VA 22209–6432, The following bill was read the sec- National Guard at the Springfield-Beckley to the presiding officers of each house of con- ond time, and placed on the calendar: Municipal Airport in Springfield, Ohio, gress and to each member of Congress from Pennsylvania. S. 1098. A bill to prevent abuse of the spe- trains the fighter pilots of the future, and its goals are to have highly trained profes- cial allowance subsidies under the Federal POM–60. A resolution adopted by the House sionals providing world-class training air Family Education Loan Program. of Representatives of the General Assembly combat capability and resources in times of of the Commonwealth of Kentucky relative f national emergency or war and to provide to legislation urging the Federal Commu- protection of life and property and to pre- PETITIONS AND MEMORIALS nications Commission not to preempt state serve peace, order, and public safety during do not call legislation; to the Committee on The following petitions and memo- natural disasters; and rials were laid before the Senate and Whereas in addition to working to protect Commerce, Science, and Transportation. were referred or ordered to lie on the our nation by sending unit members to par- HOUSE RESOLUTION 191 table as indicated. ticipate in engagements around the world, Whereas the Commonwealth of Kentucky has enacted legislation, KRS 367.46951 et seq., POM–57. A resolution adopted by the Gen- the 178th Fighter Wing works in the commu- to protect the privacy of Kentucky con- eral Assembly of the State of Ohio relative nity, participating in such activities as the sumers from unwanted, unsolicited tele- to the exclusion of the 179th Airlift Wing, Adopt-A-Family program, the Combined marketing phone calls and created a ‘‘zero Ohio Air National guard, at the Mansfield Federal Campaign, Help-A-Needy Family call list’’ on which Kentucky consumers may Lahm airport from the list of base closures program, and Red Cross blood drives, as well place their residential phone numbers and for the Base Realignment and Closure proc- as other activities; and Whereas Congress authorized a new round which numbers may not be called by tele- ess; to the Committee on Armed Services. of the Base Realignment and Closure process marketers for the purpose of making a tele- CONCURRENT RESOLUTION 9 (BRAC) to occur this year, which has the po- phone solicitation as defined by Kentucky Whereas the 179th Airlift Wing, Ohio Air tential to affect the 178th Fighter Wing, the law, and which list is administered by the National Guard, at the Mansfield Lahm Air- base, and the community of Springfield that Office of Attorney General; and port in Mansfield, Ohio, has a mission ‘‘to supports the base; and Whereas the United States Federal Trade develop highly qualified operations, logis- Whereas the unit is a key component of Commission and Federal Communications tics, support and medical professionals who the community, employing approximately Commission have established a federal reg- provide airlift to serve the state and nation’’ 409 people in the unit, and the airport pro- istry, the National Do Not Call Registry, on and a vision to ‘‘be an outstanding airlift vides for air travel and cargo needs for citi- which Kentucky consumers may have their unit with a reputation for professionalism zens and business in the region; now there- residential phone numbers placed for pur- and world-class service—our customers’ first fore be it poses of preventing telemarketers from mak- choice’’; and Resolved, That the 126th General Assembly ing unsolicited telephone solicitations, Whereas the 179th Airlift Wing has won of the State of Ohio supports the 178th Fight- which list is administered by the Federal several awards, including the Air Force Out- er Wing, Ohio Air National Guard at the Trade Commission and enforced by the Fed- standing Unit Award, the Alan P. Tappan Springfield-Beckley Municipal Airport and eral Trade Commission as well as the Fed- Memorial Trophy, and the Rusty Metcalf firmly believes that the unit and the base eral Communications Commission and the Award, the latter of which acknowledges the should not be included in the Defense Base Attorneys General of the 50 states; and

VerDate Aug 04 2004 06:36 May 25, 2005 Jkt 039060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.024 S24PT1 S5846 CONGRESSIONAL RECORD — SENATE May 24, 2005 Whereas the Attorney General has imple- Energy Policy Act of 1992 by reducing de- garding long-term federal funding hampers mented the Kentucky zero call list effec- pendence on petroleum products; now there- Michigan’s ability to effectively plan invest- tively and enforced the Kentucky and federal fore be it ments in infrastructure and may contribute law in such a manner as to dramatically re- Resolved, That we the members of the Sen- to delays in critical highway and transit duce the number of complaints from Ken- ate of the 126th General Assembly of Ohio, projects; and request Congress to amend the Energy Pol- tucky consumers regarding unsolicited tele- Whereas Michigan has long been a ‘‘donor icy Act of 1992 to specify that an electric-hy- marketing calls; and state,’’ contributing a greater share to the brid vehicle must receive credit as being an Whereas the Kentucky House of Represent- Federal Highway Trust Fund and Mass Tran- alternative fueled vehicle for purposes of the atives is aware that petitions are pending be- sit Account than the share of federal trans- requirement that 75% of new light duty fore the Federal Communications Commis- portation funds returned for use in Michigan; motor vehicles acquired annually for state sion which seek to declare state laws in Wis- and consin, New Jersey, North Dakota and Indi- government fleets be alternative fueled vehi- ana preempted by federal telemarketing leg- cles, and be it further Whereas last session, the United States islation, the Telephone Consumer Protection Resolved, That the Clerk of the Senate Senate passed highway reauthorization legis- Act, 47 U.S.C. sec. 227; and transmit daily authenticated copies of this lation that would have provided $318 billion Whereas the Kentucky House of Represent- resolution to the Speaker and Clerk of the for highways and transit systems nationwide atives wishes to express its satisfaction with United States House of Representatives, to over six years and increased Michigan’s rate the enforcement efforts of the Office of the the President Pro Tempore and Secretary of of return on our federal transportation taxes Attorney General to date and its desire that the United States Senate, to the members of from 90.5 percent to 95 percent. In addition, these efforts continue in the future; and the Ohio Congressional delegation, to the the bill would have provided up to $300 mil- Whereas neither the Telephone Consumer Speaker of the House of Representatives of lion more for Michigan transportation sys- Protection Act nor any other federal law ex- the General Assembly of Ohio, and to the tems each year, and could have created sev- pressly or by reasonable implication pre- news media of Ohio. eral thousand new jobs. The House passed re- empts KRS 367.46951 et seq., nor any other POM–62. A resolution adopted by the House authorizing legislation that would have pro- state telemarketing legislation establishing of Representatives of the Legislature of the vided $284 billion for highways and transit a state do not call registry; now therefore, be State of Michigan relative to highway fund- systems and would have reduced Michigan’s it ing; to the Committee on Commerce, rate of return below the current level of 90.5 Resolved by the House of Representatives of Science, and Transportation. percent. The Conference Committee nar- the General Assembly of the Commonwealth of HOUSE CONCURRENT RESOLUTION 4 rowed the funding difference to between $284 Kentucky: Whereas the sixth short-term extension of and $299 billion, but left unresolved the ques- Section 1. The House of Representatives the federal road and transit funding author- tion of funding equity for donor states such urges the Federal Communications Commis- ization act known as the Transportation Eq- as Michigan; now, therefore be it sion to clearly state that the National Do uity Act for the 21st Century, or TEA 21, ex- Resolved by the Senate (the House of Rep- Not Call Registry does not preempt Ken- pires on May 31, 2005. The uncertainty re- resentatives concurring), That we memorialize tucky’s zero call list. garding long-term federal funding hampers Congress to enact highway reauthorization Section 2. The House of Representatives Michigan’s ability to effectively plan invest- legislation with a level of funding that closes also urges the legislature of each state that ments in infrastructure and may contribute the gap between federal fuel tax dollars paid has not yet done so to make a similar re- to delays in critical highway and transit by Michigan motorists and dollars received quest to the Federal Communications Com- projects; and to address Michigan’s transportation needs; mission. Whereas Michigan has long been a ‘‘donor and be it further Section 3. The Clerk of the House of Rep- state,’’ contributing a greater share to the Resolved, That copies of this resolution be resentatives shall transmit copies of this Federal Highway Trust Fund and Mass Tran- transmitted to the President of the United Resolution to the President and Vice Presi- sit Account than the share of federal trans- States Senate, the Speaker of the United dent of the United States, the presiding offi- portation funds returned for use in Michigan; States House of Representatives, and the cer in each house of the legislature in each of and the states in the Union, the Speaker of the Whereas last session, the United States members of the Michigan congressional dele- United States House of Representatives, the Senate passed highway reauthorization legis- gation. President of the United States Senate, and lation that would have provided $318 billion to each member of the Commonwealth of for highways and transit systems nationwide Kentucky’s Congressional Delegation. POM–64. A concurrent resolution adopted over six years and increased Michigan’s rate by the Legislature of the State of North Da- of return on our federal transportation taxes kota relative to the Grand Forks Automated POM–61. A resolution adopted by the Sen- from 90.5 percent to 95 percent. In addition, ate of the General Assembly of the State of Flight Service Station; to the Committee on the bill would have provided up to $300 mil- Commerce, Science, and Transportation. Ohio relative to the Energy Policy Act of lion more for Michigan transportation sys- 1992; to the Committee on Commerce, tems each year, and could have created sev- HOUSE CONCURRENT RESOLUTION 3058 Science, and Transportation. eral thousand new jobs. The House passed re- SENATE RESOLUTION 35S Whereas the Grand Forks Automated authorizing legislation that would have pro- Flight Service Station provides pilots with Whereas the United States; increasing de- vided $284 billion for highways and transit weather and aeronautical data to help them pendence on imported oil and the relative in- systems and would have reduced Michigan’s make critical and often lifesaving decisions; stability of foreign oil-producing countries rate of return below the current level of 90.5 and prompted Congress to enact the Energy Pol- percent. The Conference Committee nar- icy Act of 1992. The policy goals of the Act rowed the funding difference to between $284 Whereas whether assisting University of are to reduce our nation’s reliance on foreign and $299 billion, but left unRESOLVED the North Dakota student pilots, coordinating petroleum and to improve air quality; and question of funding equity for donor states air ambulance flights to our rural commu- Whereas to achieve these goals, certain such as Michigan; now, therefore, be it nities, relaying data to commercial opera- portions of the Act establish provisions that Resolved by the House of Representatives (the tors flying passengers and supplies over the are designed to encourage the use of alter- Senate concurring), That we memorialize Con- state, often in the worst of weather, or as- native fuels. One such provision, 42 U.S.C. gress to enact highway reauthorization legis- sisting the military in matters of national 13257(o), specifies that pursuant to rules lation with a level of funding that closes the security, the Grand Forks Automated Flight adopted by the Department of Energy, 75% of gap between federal fuel tax dollars paid by Service Station provides an invaluable serv- new light duty motor vehicles acquired an- Michigan motorists and dollars received to ice that is intimately related to the public nually for state government fleets must be address Michigan’s transportation needs; and interest; and alternative fueled vehicles; and be it further Whereas the Grand Forks Automated Whereas rules adopted by the Department Resolved, That copies of this resolution be Flight Service Station is responsible for the of Energy, which are codified at 10 C.F.R. transmitted to the President of the United continuous monitoring of international bor- Part 490 and are commonly known as the En- States Senate, the Speaker of the United der air space and daily support of the mis- ergy Policy Act State and Alternative Fuel States House of Representatives, and the sions of the Minot Air Force Base, Grand Provider Rules, exclude electric-hybrid vehi- members of the Michigan congressional dele- Forks Air Force Base, Fargo Air National cles that run in part on gasoline from the gation. Guard, and Bismarck National Guard flight definition of ‘‘alternative fueled vehicle,’’ operations; and thus prohibiting states from receiving credit POM–63. A resolution adopted by the Leg- toward the alternative fueled vehicle quota islature of the State of Michigan relative to Whereas maintaining the Grand Forks for the acquisition of an electric-hybrid vehi- highway funding; to the Committee on Com- Automated Flight Service Station with prop- cle; and merce, Science, and Transportation. er staffing levels and equipment is a funda- Whereas this inability of states to use elec- SENATE CONCURRENT RESOLUTION 12 mental necessity in the continuation of tric-hybrid vehicles in order to receive credit Whereas the sixth short-term extension of these crucial services; and toward the quota is unfortunate and, in fact, the federal road and transit funding author- Whereas the Federal Aviation Administra- does not make sense because these vehicles ization act known as the Transportation Eq- tion is primarily responsible for the safety exhibit excellent fuel efficiency that would uity Act for the 21st Century, or TEA 21, ex- and security of aviation; Now, therefore, be serve to accomplish the policy goals of the pires on May 31, 2005. The uncertainty re- it

VerDate Aug 04 2004 05:10 May 25, 2005 Jkt 039060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.027 S24PT1 May 24, 2005 CONGRESSIONAL RECORD — SENATE S5847 Resolved by the House of Representatives of Whereas the contents of such report are of Energy, a new national laboratory ‘‘Idaho North Dakota, the Senate Concurring therein: critical factors in the pricing of natural gas, National Laboratory’’ was, on February 1, That the Fifty-ninth Legislative Assembly and have a direct and immediate impact 2005, formed from the former Argonne Na- urges the Federal Aviation Administration upon markets and consumers; and tional Laboratory-West and Idaho National to maintain the Grand Forks Automated Whereas the EIA’s current revision policy Engineering and Environmental Laboratory; Flight Service Station as a federal air traffic provides that any errors in the Weekly Nat- and facility properly staffed by government em- ural Gas Storage Report will not be cor- Whereas the United States Department of ployees; and be it further rected for up to one week; and Energy’s stated vision for the new Idaho Na- Resolved, That the Secretary of State for- Whereas such policy is seriously flawed, as tional Laboratory is to: enhance the Na- ward copies of this resolution to the Presi- demonstrated by the events of November 24, tion’s energy security by becoming the pre- dent and Vice President of the United 2004; and eminent, internationally recognized nuclear States, the administrator of the Federal Whereas the November 24, 2004, Weekly energy research, development and dem- Aviation Administration, and to each mem- Natural Gas Storage Report contained infor- onstration laboratory within ten years; es- mation that had been submitted with a cler- ber of the United States Senate and United tablish itself as a major center for national ical error; and security technology development and dem- States House of Representatives. Whereas shortly after such information onstration; be a multiprogram, national lab- had been submitted, EIA personnel requested oratory with world-class nuclear capabili- POM–65. A resolution adopted by the Sen- that the company review the accuracy of its ties; and foster new academic, industry, gov- ate of the General Assembly of the State of submission; and Tennessee relative to federal reauthorization Whereas within thirty minutes from EIA’s ernment and international collaborations to of federal-aid highway and transit programs; request the correct information was obtained produce the investment, programs and exper- to the Committee on Commerce, Science, and submitted to EIA; and tise that assure this vision is realized; and and Transportation. Whereas although EIA and private sector Whereas the Idaho National Laboratory is SENATE RESOLUTION 13 personnel acted promptly and appropriately considered an essential partner alongside Idaho state government, Idaho’s universities Whereas legislation to reauthorize the fed- to discover and correct the clerical error, the and industry in carrying out the state’s eral-aid highway and transit programs is contents oft he Weekly Natural Gas Storage Science and Technology Strategic Plan and more than 17 months overdue; and Report were not publicly revise, updated, or building on Idaho’s key industry strengths in Whereas the six short-term program exten- corrected, due to EIA’s regulations pre- energy and power, imaging, new materials sions enacted by the U.S. Congress have venting the disclosure and dissemination of and nanotechnology, and ag/biotechnology; forced states and localities to delay con- such information until the next week’s re- and struction of critical highway and transit port; and Whereas such failure and delay in disclo- Whereas the state of Idaho has for fifty-six projects, impeded job creation, and post- sure and dissemination of the corrected in- years willingly and dutifully hosted Depart- poned life-saving safety improvements and formation had disastrous economic con- ment of Energy, Energy Research and Devel- the completion of congestion-reducing meas- sequence, in that Federal Energy Regulatory opment Administration and Atomic Energy ures; and Commission analysts later estimated the Commission operations at the current Idaho Whereas further delay will increase project cost to the marketplace in relying upon the National Laboratory site; and costs and dilute the purchasing power of fed- erroneous and uncorrected information was Whereas both the federal government and eral transportation dollars; and between $200 million and $1 billion; and the state of Idaho have significant financial Whereas investments in transportation are Whereas such cost is an unconscionable interests in seeing operations at the Idaho investments in people, and our transpor- burden upon consumers and businesses for an National Laboratory succeed. Now, there- tation network is the means through which easily correctable and actually corrected fore, be it our children return from school safely, aging error, especially when it is within the powers Resolved by the members of the First Reg- Americans and the disabled gain mobility, of agencies overseeing the report process to ular Session of the Fifty-eighth Idaho Legis- and commuters have affordable mass transit diminish these costs by prompt disclosure lature, the House of Representatives and the options to get to work; and and dissemination of revised information; Senate concurring therein, that we herewith Whereas a well-functioning transportation and respectfully petition the President and Con- system is critical to America’s security, pro- Whereas under 15 U.S.C.A. § 764(b)(5), the gress to pledge continued support and pro- ductivity and global competitiveness; and secretary of energy has the duty to ‘‘pro- vide sufficient long-term funding to assure Whereas inadequate funding proposals im- mote stability in energy prices to the con- execution of the federal government’s stated, pede the ability of the U.S. Congress to reach sumer, promote free and open competition in public record vision for the Idaho National agreement on a long-term bill; now, there- all aspects of the energy field prevent unrea- Laboratory, allowing this great institution fore, be it sonable profits . . . and promote free enter- to advance, as it is uniquely able to, our col- Resolved by the Senate of the One Hundred prise’’; and lective interests in strengthened energy, na- Whereas in light of the events of November Fourth General Assembly of the State of Ten- tional and economic security for these 24th, the Energy Information Administration nessee, that the Senate hereby most fer- United States, be it further has proposed new policies and procedures vently urges and encourages the U.S. Con- Resolved, That the Chief Clerk of the House concerning the disclosure and dissemination gress and the administration to immediately of Representatives be, and she is hereby au- of revised or corrected information; and enact a well-funded, multi-year reauthoriza- thorized and directed to forward a copy of tion of federal highway and transit pro- Whereas Congress should act to ensure that the proposed changes promote market this Memorial to the President of the United grams, be it further States, the Secretary of Energy of the Resolved, That enrolled copies of this reso- fairness and equality by mandating the cor- rected information is disclosed and dissemi- United States, the President of the Senate lution be transmitted to the President, the and the Speaker of the House of Representa- Vice President, the Secretary of Transpor- nated rapidly, and that all participants in the natural gas industry markets have the tives of Congress, and the congressional dele- tation and to each member of Tennessee’s gation representing the State of Idaho in the congressional delegation. ability to obtain essential information at he same time, therefore, be it Congress of the United States. Resolved, That the Legislature of Louisiana POM–66. A resolution adopted by the Sen- memorializes the Congress of the United POM–68. A House Joint Memorial adopted ate of the Legislature of the State of Lou- States to require Weekly Natural Gas Stor- by the Legislature of the State of Idaho rel- isiana relative to Weekly Natural Gas Stor- age Report policies and procedures that man- ative to Power Marketing Administrations age Report procedures; to the Committee on date the prompt disclosure and dissemina- (PMAs) rates; to the Committee on Energy Energy and Natural Resources. tion of corrected information, in order to and Natural Resources. SENATE RESOLUTION NO. 6 promote market equality and fairness, be it HOUSE JOINT MEMORIAL 9 Whereas Louisiana serves as a major en- further Whereas Power Marketing Administrations ergy source and hub for the entire nation; Resolved, That a copy of this Resolution (PMAs) market electricity generated pri- and shall be transmitted to the secretary of the marily by federal hydropower projects in Whereas information that impacts energy United States Senate and the clerk of the thirty-three states served by the 1,190 con- markets throughout the nation is of critical United States House of Representatives, and sumer-owned electric utilities giving pref- importance to Louisiana; and to each member of the Louisiana delegation erence to public bodies and cooperatives; and Whereas the Department of Energy, En- to the United States Congress. Whereas Bonneville Power Administration ergy Information Administration (EIA), so- provides a substantial amount of the electric licited public comments regarding its POM–67. A House Joint Memorial adopted power consumed in Idaho, including the sale present policies and procedures concerning by the Legislature of the State of Idaho rel- of firm and surplus electric power to Idaho’s revision of information contained in the ative to funding for the Idaho National Lab- investor-owned utilities and directs whole- Weekly Natural gas Storage Report; and oratory; to the Committee on Energy and sale power to 26 rural electric cooperatives Whereas the Weekly Natural Gas Storage Natural Resources. and municipalities in Idaho serving over Report identifies the amount of natural gas HOUSE JOINT MEMORIAL 6 250,000 Idaho citizens; and stored and the amount withdrawn in under- Whereas at the direction of the United Whereas the Administration’s budget pro- ground storage on a weekly basis; and States Government, through its Department poses to sell electric power from PMAs at

VerDate Aug 04 2004 05:10 May 25, 2005 Jkt 039060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.031 S24PT1 S5848 CONGRESSIONAL RECORD — SENATE May 24, 2005 market rates rather than the current prac- as the Bear River Compact, was entered into annually and Utah about 390,000 acre feet an- tice of selling at cost-based rates; and in 1958 and amended in 1980. The Compact nually. Provided adequate storage, this Whereas the Pacific Northwest region has governs the operation of the Bear River and, water, which is usually available during the experienced a nearly fifty percent increase in for management purposes, the Compact di- spring runoff, could be stored to prevent any wholesale power rates since the energy crisis vides the river into three segments. The flooding of the Bear River. The water could of 2001–2002; and three segments are known as the Upper Divi- then be used for irrigation, domestic and Whereas the current federal power program sion, located in Utah and Wyoming, the Cen- commercial development and recreation. A of cost-based rates ensures that all federal tral Division, located in Wyoming and Idaho, reservoir above Bear Lake would allow costs, with interest, from the generation, and the Lower Division, located in Idaho and chemicals to be neutralized and suspended transmission and sale of federal power are Utah. The Bear River Commission, made up solids to settle out that are now entering recovered from purchasers through the rates of three members from each of the Compact Bear Lake. Alternative storage sites would charged; and states, a chairman appointed by the Presi- provide for the conservation, preservation Whereas the proposal contains a projected dent of the United States, and an engineer/ and best utilization of the water to which rate increase of twenty percent each year manager, manages the day-to-day operation the state is entitled. This storage is des- until it totals a one hundred percent in- of the river; and perately needed to allow residential, com- crease, which is an escalation of significant Whereas as a result of two lawsuits against mercial and municipal development in the magnitude and will severely harm the re- Utah Power and Light Company during the Bear River drainage without reducing irri- gion’s businesses and industries, as well as 1970’s, which claimed damage to crops due to gated agricultural lands; and all the residents of the region; and flooding along the Bear River, the power Whereas flood control above Bear Lake Whereas the budget proposal constitutes a company is under court order to keep the would make possible a policy that Bear Lake thinly disguised tax on the millions of Amer- Bear River within its banks. Based on the would be the first to fill and the last to icans who purchase power through utilities court order, in the event the irrigation sea- empty. This would provide more water for ir- supplied by PMAs; and son ends with Bear Lake above 5,918 feet in rigation, minimize fluctuations of lake lev- Whereas recognizing the true costs of this elevation, water is released downstream to els, improve spawning habitat for Bear Lake proposal and assessing the economic impacts make room in Bear Lake for the spring run- cutthroat trout, provide boat-launching ca- it entails, we find that the proposal is not a off; and pability at Idaho state parks, and allow the prudent choice and should be rejected: Now, Whereas since the 1970’s, millions of acre filling of Woodruff Narrows Reservoir. Flood therefore, be it feet of water have been released to provide control above Bear Lake would greatly ben- Resolved by the members of the First Regular capacity for flood control. Releases carry the efit the economy of all three states in the Session of the Fifty-eighth Idaho Legislature, river as well as the surface water removed Bear River drainage; and the House of Representatives and the Senate from Bear Lake downstream to the Great Whereas the United States Army Corps of concurring therein, That we urge the Congress Salt Lake where the principal beneficiary is Engineers is the federal agency responsible to reject the Administration proposal to the Great Salt Lake ecosystem. The most re- for flood control. The Corps has indicated a move PMA rates to market rates thereby en- cent releases were in 1997, 1998 and 1999; and willingness to conduct a feasibility study of suring the continued responsible manage- Whereas lowering the elevation of Bear possible water storage sites upstream from ment of power generation, transmission and Lake in the Lower Division for flood control Bear Lake which could be used for flood con- sale; and be it further also impacts water users in the Upper and trol of the Bear River. Costs of the study Resolved, That the Chief Clerk of the House Central Divisions. Under the Compact, Wood- could range from $600,000 to $2,000,000 depend- of Representatives be, and she is hereby au- ruff Narrows Reservoir located in the Upper ing on the areas the study would include. thorized and directed to forward a copy of Division is not allowed to fill whenever the The study will require an equal match of fed- this Memorial to the President of the Senate elevation of Bear Lake is below 5,911 feet eral and nonfederal funds. However, with and the Speaker of the House of Representa- above sea level, affecting both ground and congressional approval, past local expendi- tives of Congress, the congressional delega- surface water in that area. In addition, when tures may be used as the local match; and tion representing the State of Idaho in the Woodruff Narrows Reservoir is not full, no Whereas past local expenditures that have Congress of the United States and to the water is available for irrigation in a ten mile been made include $174,000 by the state of Secretary of the United States Department stretch of river in the Central Division leav- Wyoming for the Cokeville Reservoir project of Energy, Samuel W. Bodman. ing irrigators in that area without water for on Smith’s Fork, $350,000 by the State of Wy- their crops; and oming for the Bear River Plan and over POM–69. A House Joint Memorial adopted Whereas dredging has been necessary to $2,000,000 of state funds from Idaho, Wyo- by the Legislature of the State of Idaho rel- provide water for irrigation due to low lake ming, and Utah through the Bear River Com- ative to a feasibility study by the U.S. Corps levels; and mission for stream gaging; and of Engineers relating to the possibilities, Whereas studies to date have shown that Whereas concerned citizens of the Bear benefits, and costs of providing flood control use of Bear Lake for flood control has re- River drainage, including the Bear Lake above Bear Lake; to the Committee on Envi- sulted in tons of suspended sediment solids County Commission, the Bear Lake Regional ronment and Public Works. to be deposited in the lake during the spring Commission, Bear Lake Watch, Inc., and HOUSE JOINT MEMORIAL 1 runoff. This is highly detrimental to the eco- Love Bear Lake, Inc., are asking for Congres- Whereas the ongoing drought in the state system. Increases in algae blooms on Bear sional approval to recognize past expendi- of Idaho has had a profound impact through- Lake due to nitrates being carried in have tures as the local match to make the Corps out the state, including the area of south- been documented; and of Engineers feasibility study possible: Now, eastern Idaho known as the Bear River Whereas in the event the water had not therefore, be it Basin. Although inadequate, during times of been released in the interest of flood control, Resolved by the members of the first Regular high water such as spring runoff, Bear Lake it is likely that Bear Lake would now be full Session of the Fifty-eighth Idaho Legislature, is the major reservoir for containing flood or nearly full. In that event, it is probable the House of Representatives and the Senate waters of the Bear River within the Bear that there would be no need to pump water concurring therein, That we respectfully urge River Basin. The effects of drought in the out of Bear Lake for irrigation because there the Congress of the United States and our Bear River Basin would be significantly re- would be enough capacity to allow the water Idaho delegation, as well as the Utah and duced in the event alternative storage sites to flow out by gravity, there would be no Wyoming delegations in Congress, to sup- were available; and need to dredge in Bear Lake in that the ele- port, work to pass and vote for legislation Whereas the Bear River Basin encompasses vation of the lake would be high enough to that will authorize and fund a feasibility 7,400 square miles with 2,700 square miles in make dredging unnecessary, and an ele- study by the United States Corps of Engi- the state of Idaho. Originating in Utah’s vation above 5,911 feet would allow upstream neers relating to the possibilities, benefits Uintah Mountains, the Bear River crosses storage at the Woodruff Narrows Reservoir; and cost of providing flood control above state boundaries five times, has tributaries and Bear Lake; and be it further in Idaho, Utah and Wyoming, and ultimately Whereas extremely low levels in Bear Lake Resolved, That we urge Congress to allow discharges into the Great Salt Lake; and could cause a water emergency to be de- and approve past local expenditures, equiva- Whereas the Bear River did not naturally clared by the state of Utah. The declaration lent to fifty percent of the total cost of the divert into Bear Lake. The Utah Sugar Com- would lead to closer scrutiny of the natural study, as the required local match and that pany and the Telluride Power Company first flow rights administered under the inter- local expenditures to be allowed and ap- proposed diversion of the Bear River into state accounting system. The lack of ade- proved include $174,000 by the state of Wyo- Bear Lake for water storage in 1898. That quate storage water to supplement natural ming for the Cokeville Reservoir project on project was taken over by Utah Power and flow could result in the curtailment of rights Smith’s Fork, $350,000 by the state of Wyo- Light Company for the purpose of producing in Idaho; and ming for the Bear River Plan and $2,000,000 of hydropower. The project, which included a Whereas if alternate storage sites were state funds from Idaho, Wyoming, and Utah diversion dam on the Bear River, a canal, available, several hundred thousand acre feet for stream gaging; and be it further and a pumping station was completed in 1918; of water would still be in Bear Lake to miti- Resolved, That the Chief Clerk of the House and gate the effects of the drought. Pursuant to of Representatives be, and she is hereby au- Whereas a multistate compact between the the Bear River Compact, Idaho is entitled to thorized and directed to forward a copy of states of Idaho, Utah and Wyoming, known store approximately 125,000 acre feet of water this Memorial to the President of the Senate

VerDate Aug 04 2004 01:56 May 25, 2005 Jkt 039060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.049 S24PT1 May 24, 2005 CONGRESSIONAL RECORD — SENATE S5849 and the Speaker of the House of Representa- Whereas the provisions of CAFTA and ative to ‘‘Amyotrophic Lateral Sclerosis tives of Congress, and the congressional dele- FTAA should be renegotiated to limit ex- Awareness Month’’, to the Committee on gations representing the states of Idaho, ports from foreign countries to a needs-based Health, Education, Labor, and Pensions. Utah and Wyoming in the Congress of the access, allowing the United States agricul- HOUSE RESOLUTION 225 United States. tural policy to properly function and fairly Whereas Amyotrophic Lateral Sclerosis treat agricultural producers in the United (ALS) is better known as Lou Gehrig’s dis- POM–70. A House Joint Memorial adopted States: Now, therefore, be it ease; and by the Legislature of the State of Idaho rel- Resolved by the members of the First Regular Whereas ALS is a fatal neurodegenerative ative to the Central America Free Trade Session of the Fifty-eighth Idaho Legislature, disease characterized by degeneration of cell Agreement (CAFTA) and the Free Trade the House of Representatives and the Senate bodies of the lower motor neurons in the Area of the Americas (FTAA); to the Com- concurring therein, That in negotiating any gray matter of the anterior horns of the spi- mittee on Finance. national trade agreements, the federal gov- nal cord; and Whereas the state of Idaho is very diversi- ernment is urged to recognize the economic Whereas the initial symptom of ALS is fied in its agricultural production; and impact of such trade agreements on the weakness of the skeletal muscles, especially Whereas in January 2002, the federal gov- states and consider those impacts in order to those of the extremities; and ernment announced that it was initiating ne- maintain the viable economic health of agri- Whereas as ALS progresses, the patient ex- gotiations on a free trade agreement involv- cultural industries, as well as all industries, periences difficulty in swallowing, talking ing the countries of El Salvador, Guatemala, with an emphasis on fair trade, rather than and breathing; and Honduras and Nicaragua. These negotiations free trade, and be it further Whereas ALS eventually causes muscles to concluded in December 2003. Negotiations Resolved, That the federal government is atrophy, and the patient becomes a func- with Costa Rica and the Dominican Republic urged to renegotiate the provisions of tional quadriplegic; and were subsequently completed and are now in- CAFTA and the FTAA to limit exports from Whereas ALS does not affect a patient’s cluded in the agreement. Congress must now the involved foreign countries to fairly pro- mental capacity, so a patient remains alert decide whether to ratify the Central America tect agricultural producers in the United and aware of the loss of motor functions and Free Trade Agreement (CAFTA); and States; and be it further the inevitable outcome of continued deterio- Whereas the federal government is also ne- Resolved, That the Chief Clerk of the House ration and death; and gotiating the Free Trade Area of the Amer- of Representatives be, and she is hereby au- Whereas ALS occurs in adulthood, most icas (FTAA) agreement; and thorized and directed to forward a copy of commonly between 40 and 70 years of age, Whereas both CAFTA and the FTAA would this Memorial to the President of the Senate with the peak at about 55 years of age, and allow these foreign countries to export com- and the Speaker of the House of Representa- affects men two to three times more often modities to the United States, harming tives of Congress, and the congressional dele- than women; and Idaho agricultural industry in the process; gation representing the State of Idaho in the Whereas more than 5,000 new ALS patients and Congress of the United States. are diagnosed annually; and Whereas the agricultural producers of the Whereas on average, patients diagnosed United States cannot be expected to compete POM–71. A resolution adopted by the Sen- with ALS survive two to five years from the with these foreign countries under the trade ate of the Legislature of the State of Lou- time of diagnosis; and agreements due to the labor practices, lack isiana relative to the Breast Cancer Patient Whereas ALS has no known cause, preven- of environmental regulations and subsidized Protection Act; to the Committee on Energy tion or cure; and agricultural production of these foreign and Natural Resources. Whereas ‘‘Amyotrophic Lateral Sclerosis countries; and (ALS) Awareness Month’’ will increase pub- Whereas sugar is an import-sensitive com- SENATE RESOLUTION 10 lic awareness of ALS patients’ cir- modity which will be negatively impacted by Whereas individuals and organizations, in- cumstances, acknowledge the terrible im- CAFTA. Idaho is our nation’s second-largest cluding many congressmen, have been fight- pact this disease has on patients and families producer of sugarbeets and a recent Univer- ing for access to quality health care for a and recognize the research for treatment and sity of Idaho study concludes that the de- women since 1996; and cure of ALS: Therefore, be it mise of the sugar industry in the state would Whereas the Breast Cancer Patient Protec- Resolved, That the House of Representa- also have a serious impact on market prices tion Act is bi-partisan legislation co-spon- tives of the Commonwealth of Pennsylvania relating to other Idaho crops such as pota- sored by Senator Mary Landrieu of Lou- recognize the month of May 2005 as toes and onions which would be grown in isiana which would create a ban on ‘‘drive ‘‘Amyotrophic Lateral Scerosis (ALS) place of sugarbeets; and through’’ mastectomies, in which a woman is Awareness Month’’ in Pennsylvania; and be Whereas the CAFTA nations already enjoy forced out of the hospital sometimes only if further preferential, duty-free access into the United hours after breast cancer surgery; and Resolved, That the House of Representa- States market for 311,700 metric tons of Whereas this legislation would require in- tives urge the President and Congress of the sugar. The United States is presently the surance companies to cover a 48-hour hos- United States to enact legislation to provide world’s fourth-largest net importer of sugar pital stay for a woman undergoing a mastec- additional funding for ALS research, and be under existing trade agreements and its tomy and a 24-hour hospital stay for a it further, sugar market is already oversupplied, result- woman undergoing a lymph node dissection; Resolved, That copies of this resolution be ing in our region’s sugarbeet processing com- and transmitted to the President of the United pany recently announcing the temporary Whereas this legislation ensures that a States, to the Vice President of the United closure of one of its factories due to the ex- physician and the patient will make a deci- States, to the Speaker of the House of Rep- isting low sugar marketing allocations for sion together regarding staying at a hospital resentatives, to the members of Congress United States producers; and following a mastectomy; and from Pennsylvania and to the United States Whereas the United States International Whereas both the American College of Sur- Secretary of Health and Human Services. Trade Commission in August 2004, concluded geons and the American Medical Association that the Central American Free Trade have taken the position that most patients POM–73. A concurrent resolution adopted Agreement would actually increase the U.S. require a longer hospital stay than those by the House of Representatives and the Sen- trade deficit with the region by $100 million that ‘‘drive-by’’ mastectomies afford; and ate of the Legislature of the State of Hawaii a year to $24 billion a year; and Whereas among the groups supporting this relative to the No Child Left Behind Act of Whereas concerns over free trade agree- legislation are the American Medical Asso- 2001; to the Committee on Health, Education, ments face the agriculture industry at a ciation, the American College of Surgeons, Labor, and Pensions. time when the domestic consumption of the Association of Women’s Health, the Soci- United States agricultural products is de- ety for Advancement of Women’s Health, the HOUSE CONCURRENT RESOLUTION clining, forcing domestic producers out of Susan G. Komen Foundation, and Families Whereas in 2002, the No Child Left Behind business; and USA: Therefore, be it Act of 2001 was enacted on a bipartisan basis Whereas the state of Idaho stands to lose Resolved, That the Legislature of Louisiana and signed into law by President George W. thousands of jobs and millions of dollars if memorializes the Congress of the United Bush; and these free trade agreements are imple- States to enact the Breast Cancer Patient Whereas all states that accept federal Title mented, potentially devastating the state’s Protection Act; and be it further I education funds, including Hawaii, are sub- agricultural industry, moving production Resolved, That a copy of this Resolution ject to the requirements of the Act; and into other supply-sensitive crops, and se- shall be transmitted to the secretary of the Whereas the purpose of the Act is to com- verely harming the state’s economy as a United States Senate and the clerk of the pel all public schools to make adequate year- whole; and United States House of Representatives and ly progress toward the goal of 100 percent Whereas the economic impact of any trade to each member of the Louisiana delegation student proficiency in math and reading by agreement must be recognized and consid- to the United States Congress. 2013–2014; and ered to maintain viable economic health of Whereas these expectations are unreason- agricultural industries, as well as all indus- POM–72. A resolution adopted by the House able for students with limited English pro- tries, with an emphasis on fair trade, rather of Representatives of the General Assembly ficiency and students with disabilities, mak- than free trade; and of the Commonwealth of Pennsylvania rel- ing it impossible for many of Hawaii’s

VerDate Aug 04 2004 05:10 May 25, 2005 Jkt 039060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.052 S24PT1 S5850 CONGRESSIONAL RECORD — SENATE May 24, 2005 schools, that have a high population of these progress to apply sanctions only when the That the Fifty-ninth Legislative Assembly students, to comply with the law; and same groups or subgroups within a grade strongly urges the Congress of the United Whereas the Act does not allow states that level fail to meet adequate yearly progress States to pass and all state executive and ju- may already have successful accountability targets in the same subject area for two con- dicial officers to support an amendment to systems in place to use their system to com- secutive years; and be it further the Constitution of the United States recog- ply with the spirit of the Act; and Resolved, That Congress is requested to nizing that the inalienable right to life is Whereas states should be allowed to use a amend the Act to allow flexibility in: vested in each human being and guaran- value-added or student growth approach in (1) Determining adequate yearly progress teeing that no human being may be deprived their state accountability plan; and using models that measure individual stu- the equal protection of the law without due Whereas the Act is an under-funded man- dent growth or growth in the same cohort of process; and be it further date that causes states and school districts students from year to year; Resolved, That the Secretary of State for- to spend more money than the amounts ap- (2) Calculating adequate yearly progress ward copies of this resolution to each mem- propriated by Congress to implement the for students belonging to multiple groups ber of the North Dakota Congressional Dele- Act; and and subgroups; and gation, the Speaker of the United States Whereas the Act coerces participation by (3) Determining whether certain categories House of Representatives, the President of placing punitive financial consequences on of teachers, such as special education teach- the United States Senate, the Governor of states that refuse to participate; and ers, are highly qualified; and be it further North Dakota, and the Chief Justice of the Whereas in 2004, the National Conference of Resolved, That Congress is requested to North Dakota Supreme Court. State Legislatures created a bipartisan task modify the No Child Left Behind Act’s provi- force to study the Act, resulting in sugges- sions relating to school choice by limiting POM–75. A resolution adopted by the House tions for specific changes to make the Act the option only to those students whose per- of Representatives of the General Assembly more workable, more responsive to vari- formance is consistently below the pro- of the Commonwealth of Pennsylvania rel- ations among the states, and more effective ficiency level; and be it further ative to the Republic of Poland and the in improving elementary education; and Resolved, That certified copies of this Con- United States Department of State’s Visa Whereas the recommendations of the task current Resolution be transmitted to the Waiver Program; to the Committee on the force’s February 2005 Final Report include President of the United States, the President Judiciary. the following: and Secretary of the United States Senate, Whereas the Republic of Poland is a free, (1) Substantially increasing federal fund- the Speaker and Clerk of the United States democratic and independent nation; and ing for the Act; House of Representatives, and members of Whereas in 1999 the United States and the (2) Reexamining the financial con- Hawaii’s congressional delegation. Republic of Poland became formal allies sequences for states that choose not to par- when Poland was granted membership in the ticipate; POM–74. A concurrent resolution adopted North Atlantic Treaty Organization; and (3) Reevaluating the 100 percent pro- by the Legislature of the State of North Da- Whereas the Republic of Poland has proven ficiency goal established by the Act; kota relative to a human life amendment to to be an indispensable ally in the global (4) Conducting a Government Account- the Constitution of the United States; to the campaign against terrorism; and ability Office study of the compliance and Committee on the Judiciary. Whereas the Republic of Poland has ac- proficiency costs associated with the Act; HOUSE CONCURRENT RESOLUTION 3017 tively participated in Operation Iraqi Free- (5) Giving the Individuals with Disabilities Whereas the Legislative Assembly finds dom and the Iraqi reconstruction, shedding Education Act primacy over the Act in cases that the state of North Dakota has compel- blood along with American soldiers; and where these laws may conflict; and ling and paramount interest in the preserva- Whereas the President of the United States (6) Providing states with much greater tion and protection of the life of all human and other high-ranking officials have de- flexibility to meet the objectives of the ade- beings; and scribed the Republic of Poland as ‘‘one of our quate yearly progress provisions of the Act; Whereas the Legislative Assembly finds closest friends’’; and and that the life of a human being should be pro- Whereas on April 15, 1991, the Republic of Whereas although the Act aims to provide tected at every stage of biological develop- Poland unilaterally repealed the visa obliga- flexibility for states to improve academic ment; and tion to United States citizens traveling to achievement and to close the achievement Whereas the Legislative Assembly finds Poland; and gap, the task force found that little flexi- that abortion procedures impose significant Whereas the United States Department of bility has been granted to states to imple- risks to the health and life of a pregnant State’s Visa Waiver Program currently al- ment the Act: Now, therefore, be it mother, including subjecting her to signifi- lows approximately 23 million citizens from Resolved, by the House of Representatives of cant risk of severe depression, suicidal idea- 27 countries to travel to the United States the Twenty-third Legislature of the State of Ha- tion, suicide, attempted suicide, for tourism or business for up to 90 days waii, Regular Session of 2005, the Senate con- posttraumatic stress disorders, physical in- without having to obtain visas for entry; and curring, That the United States Congress is jury, and a greater risk of death than risks Whereas the countries that currently par- respectfully requested to amend the No Child associated with carrying the unborn child to ticipate in the Visa Waiver Program include Left Behind Act of 2001 according to the rec- full term and childbirth; and Andorra, Australia, Austria, Belgium, ommendations of the February 2005 Final Whereas the inalienable right to life is Brunei, Denmark, Finland, France, Ger- Report of the National Conference of State found not only in the Declaration of Inde- many, Iceland, Ireland, Italy, Japan, Liech- Legislatures’ Task Force on No Child Left pendence but also in the Constitution of the tenstein, Luxembourg, Monaco, the Nether- Behind; and be it further United States which the senators and rep- lands, New Zealand, Norway, Portugal, San Resolved, That the current law and any re- resentatives of Congress, the members of the Marino, Singapore, Slovenia, Spain, Sweden, visions thereof recognize that under our fed- several state legislatures, and all federal and Switzerland and the United Kingdom; and eral system of government, education is pri- state executive and judicial officers are Whereas it is appropriate that the Republic marily a state and local responsibility; and sworn to preserve, protect, and defend; and of Poland be made eligible for the United be it further Whereas the 5th and 14th Amendments to States Department of State’s Visa Waiver Resolved, That Congress is requested to the Constitution of the United States guar- Program: Therefore, be it allow states more flexibility to continue to antee that no person may be deprived of life Resolved, That the House of Representa- work toward the goal of closing the achieve- without due process of law; and tives of the Commonwealth of Pennsylvania ment gap without the threat of losing federal Whereas Congress has the power and re- respectfully urge the President and Congress funds; and be it further sponsibility to enforce the guarantees con- of the United States to make the Republic of Resolved, That Congress is requested to ap- tained in the 5th, 13th, and 14th Amendments Poland eligible for the United States Depart- propriate federal funding in amounts con- to the Constitution of the United States of ment of State’s Visa Waiver Program; and be sistent with the levels authorized in the Act America, which guarantee to all persons the it further for education programs and expanded infor- right not to be deprived of life without due Resolved, That copies of this resolution be mation systems needed to accurately reflect process of law, the right to the equal protec- transmitted to the President of the United student, school, and school district perform- tion of the law, and the right to be free from States, to the presiding officers of each ance and to pay the costs of ensuring student involuntary servitude and the power to en- house of Congress, to the member of Con- proficiency; and be it further force such guarantees include the power to gress from Pennsylvania and to Przemyslaw Resolved, That Congress is requested to au- expand the definition of persons entitled to Grudzinski, Ambassador of the Republic of thorize appropriate assessment methods and such guarantees; and Poland to the United States. an alternative methodology for determining Whereas abortion is a deprivation of the POM–76. A joint resolution adopted by the adequate yearly progress targets and right to life and the right to the equal pro- Legislature of the State of Idaho relative to progress for students who are not yet pro- tection of the law and is the ultimate mani- the Radiation Exposure Compensation Act ficient in English and who have certain dis- festation of the involuntary servitude of one (RECA); to the Committee on the Judiciary. abilities; and be it further human being to another: Now, therefore, be Whereas on October 15, 1990, Congress Resolved, That Congress is requested to it passed the Radiation Exposure Compensa- amend the No Child Left Behind Act’s cur- Resolved, by the House of Representatives of tion Act (RECA), which provides for compas- rent provisions relating to adequate yearly North Dakota, the Senate concurring therein, sionate payments to persons or to their

VerDate Aug 04 2004 01:56 May 25, 2005 Jkt 039060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.057 S24PT1 May 24, 2005 CONGRESSIONAL RECORD — SENATE S5851 beneficiaries who developed diseases as a re- POM–83. A resolution adopted by the onciliation Act of 2001; to the Committee on sult of exposure to radiation from U.S. at- Macomb County Board of Commissioners of Finance. mospheric nuclear weapons testing; and the State of Michigan relative to the Social By Mr. GRASSLEY (for himself, Mr. Whereas currently, a study is underway by Security program; to the Committee on Fi- LOTT, Mr. SANTORUM, and Mr. EN- the National Academy of Sciences and a re- nance. SIGN): port will be filed with Congress to address POM–84. A resolution adopted by the Board S. 1113. A bill to provide that no Federal the adequacy of the initial geographic cov- of Directors of the New Jersey Association of funds may be expended for the payment or erage provided in RECA; and Counties relative to Perkins Funding; to the reimbursement of a drug that is prescribed Whereas compelling anecdotal evidence Committee on Health, Education, Labor, and for the treatment of sexual or erectile dys- has been accumulated at public meetings and Pensions. function; to the Committee on Finance. in written reports, to indicate the impact of POM–85. A resolution adopted by the Board By Mr. MCCAIN (for himself and Mr. atmospheric testing on the downwinder pop- of Directors of the New Jersey Association of STEVENS): ulations in Idaho; and Counties relative to the Community Devel- S. 1114. A bill to establish minimum drug Whereas preliminary evidence suggests opment Block Grant Program (CDBG); to the testing standards for major professional that scientific documentation being gath- Committee on Health, Education, Labor, and sports leagues; to the Committee on Com- ered and assessed for inclusion in the report Pensions. merce, Science, and Transportation. will find that risk factors present in Idaho POM–86. A resolution adopted by the Bor- By Ms. MURKOWSKI (for herself and equal or exceed the factors present in areas ough of Maywood, State of New Jersey rel- Mr. JOHNSON): previously included in RECA coverage; and ative to cloture rules adopted by the United S. 1115. A bill to amend the Internal Rev- Whereas members of Idaho’s congressional States Senate; to the Committee on Rules enue Code of 1986 to allow Indian tribes to re- delegation have worked and will continue to and Administration. ceive charitable contributions of inventory; press for responsible legislative action to ad- to the Committee on Finance. dress the claims of Idahoans based upon radi- f f ation exposure; and REPORTS OF COMMITTEES Whereas it is appropriate that members of ADDITIONAL COSPONSORS the Idaho Legislature, speaking on behalf of The following reports of committees S. 300 the citizens of the state, express support for were submitted: the efforts of Idaho’s congressional delega- By Ms. COLLINS, from the Committee on At the request of Ms. COLLINS, the tion in their representation of downwinders Homeland Security and Governmental Af- name of the Senator from Colorado in Idaho: Now, therefore, be it fairs, with an amendment in the nature of a (Mr. SALAZAR) was added as a cospon- Resolved by the members of the First Regular substitute: sor of S. 300, a bill to extend the tem- Session of the Fifty-eighth Idaho Legislature, S. 21. A bill to provide for homeland secu- porary increase in payments under the the House of Representatives and the Senate rity grant coordination and simplification, medicare program for home health concurring therein, That we anticipate the and for other purposes (Rept. No. 109–71). findings of the National Academy of services furnished in a rural area. Sciences will verify the impact of testing on f S. 333 residents of Idaho, and we conclude that it is INTRODUCTION OF BILLS AND At the request of Mr. SANTORUM, the appropriate to compensate these JOINT RESOLUTIONS names of the Senator from South Da- downwinders in the same manner and to the kota (Mr. JOHNSON) and the Senator same extent as those individuals previously The following bills and joint resolu- from Missouri (Mr. TALENT) were added compensated for similar exposures. We urge tions were introduced, read the first the members of Idaho’s congressional delega- as cosponsors of S. 333, a bill to hold and second times by unanimous con- the current regime in Iran accountable tion to continue in their endeavors on behalf sent, and referred as indicated: of Idaho’s citizens; and be it further for its threatening behavior and to sup- Resolved, That the Chief Clerk of the House By Mr. CONRAD (for himself, Mr. ROB- port a transition to democracy in Iran. ERTS, Mr. HARKIN, and Mr. NELSON of of Representatives be, and she is hereby au- S. 438 thorized and directed to forward a copy of Nebraska): At the request of Mr. ENSIGN, the this Memorial to the President of the Senate S. 1108. A bill to amend title XVIII of the and the Speaker of the House of Representa- Social Security Act to make improvements names of the Senator from Rhode Is- tives of Congress, and the congressional dele- to payments to ambulance providers in rural land (Mr. CHAFEE) and the Senator gation representing the State of Idaho in the areas, and for other purposes; to the Com- from Nebraska (Mr. NELSON) were Congress of the United States. mittee on Finance. added as cosponsors of S. 438, a bill to By Mr. LOTT (for himself, Mr. DAYTON, amend title XVIII of the Social Secu- POM–77. A resolution adopted by the Board Mr. SESSIONS, Mr. SCHUMER, Mr. JEF- rity Act to repeal the medicare out- FORDS, Mr. HARKIN, and Mr. LEAHY): of the Town of Brookhaven of the State of patient rehabilitation therapy caps. New York relative to the opposition of the S. 1109. A bill to amend title XVIII of the elimination of the Community Development Social Security Act to provide payments to S. 440 Block Grant Program (CDBG); to the Com- Medicare ambulance suppliers of the full At the request of Mr. BUNNING, the mittee on Banking, Housing, and Urban Af- cost of furnishing such services, to provide name of the Senator from North Da- fairs. payments to rural ambulance providers and kota (Mr. CONRAD) was added as a co- POM–78. A resolution adopted by the suppliers to account for the cost of serving sponsor of S. 440, a bill to amend title Mayor and City Council of Atlanta, Georgia areas with low population density, and for other purposes; to the Committee on Fi- XIX of the Social Security Act to in- relative to proposed cuts in Community De- clude podiatrists as physicians for pur- velopment Block Grant Funds (CDBG); to nance. the Committee on Banking, Housing, and By Mr. ALLEN (for himself, Mr. poses of covering physicians services Urban Affairs. PRYOR, and Mr. SANTORUM): under the medicaid program. POM–79. A resolution adopted by the City S. 1110. A bill to amend the Federal Haz- S. 451 ardous Substances Act to require engine of Pembroke Pines, Florida relative to the At the request of Mr. AKAKA, the coolant and antifreeze to contain a bittering Community Development Block Grant Pro- name of the Senator from New Jersey gram (CDBG); to the Committee on Banking, agent in order to render the coolant or anti- (Mr. LAUTENBERG) was added as a co- Housing, and Urban Affairs. freeze unpalatable; to the Committee on POM–80. A resolution adopted by the Cali- Commerce, Science, and Transportation. sponsor of S. 451, a bill to amend the fornia State Lands Commission relative to By Mr. HATCH (for himself, Mr. BEN- Animal Welfare Act to ensure that all the lifting of the Federal Moratorium on Oil NETT, and Mr. ALLARD): dogs and cats used by research facili- and Gas Leasing off the California Coast; to S. 1111. A bill to promote oil shale and tar ties are obtained legally. sand development, and for other purposes; to the Committee on Environment and Public S. 467 Works. the Committee on Finance. POM–81. A resolution adopted by Hudson By Mr. GRASSLEY (for himself, Mr. At the request of Mr. DODD, the name County (New Jersey) Board of Chosen BAUCUS, Mr. SMITH, Mr. WYDEN, Mr. of the Senator from North Dakota (Mr. Freeholders relative to the Passaic River MCCONNELL, Mr. JEFFORDS, Mr. LOTT, CONRAD) was added as a cosponsor of S. Restoration Initiative; to the Committee on Mr. SCHUMER, Mr. KERRY, Mr. BINGA- 467, a bill to extend the applicability of Environment and Public Works. MAN, Mr. ROCKEFELLER, Mrs. LIN- the Terrorism Risk Insurance Act of POM–82. A resolution adopted by the COLN, Ms. LANDRIEU, Mr. CORZINE, 2002. Mayor and Council of the Town of Harrison, Mr. TALENT, and Mr. HAGEL): S. 470 Hudson County, New Jersey, relative to the S. 1112. A bill to make permanent the en- Passaic River Restoration Initiative; to the hanced educational savings provisions for At the request of Mr. DODD, the name Committee on Environment and Public qualified tuition programs enacted as part of of the Senator from Rhode Island (Mr. Works. the Economic Growth and Tax Relief Rec- CHAFEE) was added as a cosponsor of S.

VerDate Aug 04 2004 02:07 May 25, 2005 Jkt 039060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.061 S24PT1 S5852 CONGRESSIONAL RECORD — SENATE May 24, 2005 470, a bill to amend the Public Health tennial of the birth of Abraham Lin- (Mr. PRYOR) was added as a cosponsor Service Act to expand the clinical coln. of S. 1076, a bill to amend the Internal trials drug data bank. S. 836 Revenue Code of 1986 to extend the ex- S. 526 At the request of Ms. CANTWELL, the cise tax and income tax credits for the At the request of Mr. REED, the name name of the Senator from California production of biodiesel. of the Senator from Illinois (Mr. DUR- (Mrs. FEINSTEIN) was added as a co- S. 1103 BIN) was added as a cosponsor of S. 526, sponsor of S. 836, a bill to require accu- At the request of Mr. BAUCUS, the a bill to amend the Child Care and De- rate fuel economy testing procedures. names of the Senator from New Jersey velopment Block Grant Act of 1990 to S. 843 (Mr. CORZINE), the Senator from West provide incentive grants to improve At the request of Mr. SANTORUM, the Virginia (Mr. ROCKEFELLER) and the the quality of child care. names of the Senator from Minnesota Senator from Missouri (Mr. TALENT) were added as cosponsors of S. 1103, a S. 603 (Mr. COLEMAN) and the Senator from bill to amend the Internal Revenue At the request of Ms. LANDRIEU, the Maine (Ms. COLLINS) were added as co- Code of 1986 to repeal the individual al- name of the Senator from Florida (Mr. sponsors of S. 843, a bill to amend the ternative minimum tax. MARTINEZ) was added as a cosponsor of Public Health Service Act to combat S. 1105 S. 603, a bill to amend the Consumer autism through research, screening, At the request of Mr. DODD, the name Credit Protection Act to assure mean- intervention and education. of the Senator from Connecticut (Mr. ingful disclosures of the terms of rent- S. 914 LIEBERMAN) was added as a cosponsor al-purchase agreements, including dis- At the request of Mr. ALLARD, the of S. 1105, a bill to amend title VI of closures of all costs to consumers name of the Senator from Kansas (Mr. the Higher Education Act of 1965 re- under such agreements, to provide cer- BROWNBACK) was added as a cosponsor of S. 914, a bill to amend the Public garding international and foreign lan- tain substantive rights to consumers guage studies. under such agreements, and for other Health Service Act to establish a com- S. 1107 purposes. petitive grant program to build capac- ity in veterinary medical education At the request of Mr. ENZI, the names S. 627 and expand the workforce of veterinar- of the Senator from Tennessee (Mr. AL- At the request of Mr. HATCH, the ians engaged in public health practice EXANDER) and the Senator from Con- names of the Senator from Massachu- and biomedical research. necticut (Mr. DODD) were added as co- setts (Mr. KENNEDY), the Senator from S. 1022 sponsors of S. 1107, a bill to reauthorize Nevada (Mr. ENSIGN), the Senator from At the request of Mrs. LINCOLN, the the Head Start Act, and for other pur- California (Mrs. BOXER) and the Sen- name of the Senator from Indiana (Mr. poses. ator from West Virginia (Mr. ROCKE- BAYH) was added as a cosponsor of S. S.J. RES. 14 FELLER) were added as cosponsors of S. 1022, a bill to amend the Internal Rev- At the request of Mr. BROWNBACK, the 627, a bill to amend the Internal Rev- enue Code of 1986 to allow for an energy name of the Senator from Oklahoma enue Code of 1986 to permanently ex- efficient appliance credit. (Mr. COBURN) was added as a cosponsor tend the research credit, to increase S. 1055 of S.J. Res. 14, a joint resolution pro- the rates of the alternative incre- viding for the recognition of Jerusalem mental credit, and to provide an alter- At the request of Mr. DODD, his name was added as a cosponsor of S. 1055, a as the undivided capital of Israel before native simplified credit for qualified the United States recognizes a Pales- research expenses. bill to improve elementary and sec- ondary education. tinian state, and for other purposes. S. 633 S. 1063 f At the request of Mr. JOHNSON, the At the request of Mr. NELSON of Flor- name of the Senator from Missouri STATEMENTS ON INTRODUCED ida, the name of the Senator from BILLS AND JOINT RESOLUTIONS (Mr. TALENT) was added as a cosponsor Maine (Ms. SNOWE) was added as a co- By Mr. CONRAD (for himself, Mr. of S. 633, a bill to require the Secretary sponsor of S. 1063, a bill to promote and ROBERTS, Mr. HARKIN, and Mr. of the Treasury to mint coins in com- enhance public safety and to encourage memoration of veterans who became NELSON of Nebraska): the rapid deployment of IP-enabled S. 1108. A bill to amend title XVIII of disabled for life while serving in the voice services. Armed Forces of the United States. the Social Security Act to make im- S. 1064 S. 685 provements to payments to ambulance At the request of Mr. COCHRAN, the providers in rural areas, and for other At the request of Mr. AKAKA, the name of the Senator from North Da- name of the Senator from Illinois (Mr. purposes; to the Committee on Fi- kota (Mr. DORGAN) was added as a co- nance. OBAMA) was added as a cosponsor of S. sponsor of S. 1064, a bill to amend the Mr. CONRAD. Mr. President, today I 685, a bill to amend title IV of the Em- Public Health Service Act to improve am introducing the Rural Access to ployee Retirement Income Security stroke prevention, diagnosis, treat- Emergency Services (RAES) Act, which Act of 1974 to require the Pension Ben- ment, and rehabilitation. will improve access to emergency med- efit Guaranty Corporation, in the case S. 1067 ical services (EMS) in rural commu- of airline pilots who are required by At the request of Mrs. LINCOLN, the nities. This bill will take the critical regulation to retire at age 60, to com- name of the Senator from North Da- steps to help sustain rural emergency pute the actuarial value of monthly kota (Mr. CONRAD) was added as a co- care in the future. benefits in the form of a life annuity sponsor of S. 1067, a bill to require the EMS is a vital component of the commencing at age 60. Secretary of Health and Human Serv- health care system, particularly in S. 713 ices to undertake activities to ensure rural areas. Ambulance personnel are At the request of Mr. ROBERTS, the the provision of services under the not only the first responders to an name of the Senator from Mississippi PACE program to frail elders living in emergency, but also play a key role in (Mr. COCHRAN) was added as a cospon- rural areas, and for other purposes. the provision of life-saving medical sor of S. 713, a bill to amend the Inter- S. 1075 care. It is said that time is one of the nal Revenue Code of 1986 to provide for At the request of Mr. THUNE, the most important factors relating to pa- collegiate housing and infrastructure names of the Senator from Montana tient outcomes in emergency situa- grants. (Mr. BURNS) and the Senator from Mon- tions. Rural EMS providers often have S. 811 tana (Mr. BAUCUS) were added as co- the enormous strain of responding to At the request of Mr. DURBIN, the sponsors of S. 1075, a bill to postpone emergencies many miles away—some- name of the Senator from New Jersey the 2005 round of defense base closure times nearly 50 minutes. However, cur- (Mr. LAUTENBERG) was added as a co- and realignment. rent reimbursement levels are insuffi- sponsor of S. 811, a bill to require the S. 1076 cient for the squads to bear the costs of Secretary of the Treasury to mint At the request of Mrs. LINCOLN, the responding to calls over these long dis- coins in commemoration of the bicen- name of the Senator from Arkansas tances. As rural EMS squads are forced

VerDate Aug 04 2004 02:07 May 25, 2005 Jkt 039060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.036 S24PT1 May 24, 2005 CONGRESSIONAL RECORD — SENATE S5853 to close, rural residents—and others oil needs? We import 56 percent of our to ignore the huge potential of this re- traveling through rural areas—are left oil today, and it’s projected to be 68 source. I think there has been a mind without access to emergency services. percent within 20 years. set within the government and the Due to the inadequacy of Medicare re- On a larger scale, global demand for local communities resulting from the imbursement, rural ambulance pro- oil is growing at an unprecedented Colorado boom and bust experience viders are also finding it difficult to pace—about two and half million bar- that developing this resource would be maintain the heightened ‘‘readiness re- rels per day in 2004 alone. However, risky. The fact is, developing this en- quirement,’’ exposing communities to while global oil production is increas- ergy resource is no more risky than the threat of being ill-prepared to re- ing, the discovery of new oil reserves is producing oil offshore or in the Arctic. spond to a major public health emer- falling dramatically. Moreover, trends It is certainly less risky than con- gency. indicate that the global thirst for pe- tinuing to rely on oil from the Middle My legislation will take steps to im- troleum will continue to grow, espe- East or from other foreign competitors. prove the EMS system by eliminating cially in Asia. We need to remember that our past the 35-mile rule for ambulance services Last month, Federal Reserve Chair- failure in this area was not necessarily that provide care in communities man Alan Greenspan stated, ‘‘Markets a failure of technology, but rather an served by Critical Access Hospitals. In for oil and natural gas have been sub- inability to sustain this technology addition, it will establish an ambu- ject to a degree of strain over the past economically because of a very large lance-specific definition of ‘‘urban’’ year not experienced for a generation. slump in gas prices. Today’s economics and ‘‘rural’’ for Medicare reimburse- Increased demand and lagging addi- and advances in technology combine to ment. Moreover, my legislation will tions to productive capacity have com- provide the right scenario to begin the provide $15 million in funds to be used bined to absorb a significant amount of development of the world’s largest un- for a variety of activities aimed at im- the slack in energy markets that was tapped oil resource. proving the rural EMS system. Finally, essential in containing energy prices Skeptics might ask how we know it will expand the Universal Service between 1985 and 2000.’’ that the price of oil won’t plummet, Fund’s definition of ‘‘health care pro- We are quickly heading into a global causing the problems of the 1970s all vider’’ to include ‘‘ambulance serv- energy crunch, and our lack of suffi- over again? The world is now reaching ices.’’ cient oil supply at home will give us peak oil production of conventional oil. It is important to assure that rural little or no buffer against it. Increasing With the tremendous growth in India Americans receive the best emergency our domestic oil reserve is imperative and Asia, and the accompanying need medical services possible. This is espe- both from an economic and a national for oil, experts predict there will be lit- cially important to me because 54 per- security perspective. tle economic incentive for prices to cent of North Dakotans live in rural I am pleased to report to my col- drop. This is a new scenario for the communities, served largely by unpaid leagues today that a solution is avail- world, and it forces us to shift our volunteer emergency personnel. In able. focus to unconventional resources. fact, only 10 percent receive compensa- It is a little known fact that the larg- We have already seen this shift in tion for their services. In recent years, est hydrocarbon resource in the world focus by the government of Alberta, rural ambulance services have found it rests within the borders of Utah, Colo- Canada. Alberta recognized the poten- difficult to recruit and retain EMS per- rado, and Wyoming. I know it may be tial of its own tar sands deposits and sonnel. Congress must take steps to en- hard to believe, but energy experts set forth a policy to promote their de- sure that every American has access to agree that there is more recoverable velopment. As a result, Canada has in- quality emergency care. The RAES Act oil in these three States than there is creased its oil reserves by more than a would do just that by improving reim- in all the Middle East. In fact, the U.S. factor of 10, going from a reserve of bursement, increasing collaboration Department of Energy estimates that about 14 billion barrels to its current among healthcare entities, and allow- recoverable oil shale in the western reserve of 176 billion barrels in only a ing EMS providers to collect quality United States exceeds one trillion bar- few years. And just think we are sit- data. rels and is the richest and most geo- ting on one trillion barrels, more than The EMS bill will provide improved graphically concentrated oil shale and five times what Canada has. healthcare and better access to EMS tar sands resource in the world. I think it’s outrageous that Utah im- for the 49 million Americans living in This gigantic resource of oil shale ports about one-fourth of its oil from rural areas, and I urge my colleagues and tar sands is well known by geolo- Canadian tar sands, even though we to support this essential legislation. gists and energy experts, but it has not have a very large resource of those been counted among our Nation’s oil very same tar sands in our own State By Mr. HATCH (for himself, Mr. reserve because it is not yet being de- sitting undeveloped. The government BENNETT, and Mr. ALLARD): veloped commercially. Companies have of Alberta, which owns the resource, S. 1111. A bill to promote oil shale been waiting for the Federal Govern- has moved forward in leaps and bounds, and tar sand development, and for ment to recognize publicly the exist- while the United States has yet to take other purposes; to the Committee on ence of this resource as a potential re- even a baby step toward developing our Finance. serve and to allow industry access to untapped resource. Mr. HATCH. Mr. President, I rise it. Our proposed legislation looks to the today to introduce the Oil Shale and This bill would give them that Alberta model to help the United Tar Sands Development Act of 2005. In chance. States move toward greater energy doing so, I would like to thank Senator Some might ask why we have not yet independence. The Oil Shale and Tar ROBERT BENNETT and Senator WAYNE developed these resources if doing so Sands Development Act represents a ALLARD for cosponsoring this legisla- could have such a profound economic necessary shift by our government tion. potential? from an almost complete reliance on It could not be any more apparent to I understand why we have been so conventional sources of oil to our vast Americans when we pay to fill up our hesitant to develop this resource in the unconventional resources, such as tar cars that this country is in need of a past. During the 1970s, we saw a very sands and oil shale. strong, comprehensive energy strategy. large and expensive effort begin in In drafting this legislation, we have Our citizens recognize that there is a western Colorado to develop oil shale been mindful of the environment and of shortage of petroleum, and that that there. When the price of oil dropped States’ water rights. We live in a dif- shortage is driving up prices. dramatically, though, the market for ferent world than when these resources American consumers have increased oil shale went bust and the region suf- were first developed. Unlike 30 years their demand for oil by 12 percent in fered an economic disaster. ago, we now have the Clean Water Act, the last decade, but oil production has We should never forget that experi- the Clean Air Act, the Resource Con- grown by less than one half of one per- ence. servation and Recovery Act, the Com- cent. Is it any wonder we rely on for- Much has changed since the 1970s, prehensive Environmental Response, eign countries for more than half our and it would be senseless to continue Compensation, and Liability Act, the

VerDate Aug 04 2004 02:07 May 25, 2005 Jkt 039060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.036 S24PT1 S5854 CONGRESSIONAL RECORD — SENATE May 24, 2005 National Environmental Policy Act, years, expenses at public universities By Mr. GRASSLEY (for himself, and the Mining Reclamation Act. Also, have increased nearly 40 percent. The Mr. LOTT, Mr. SANTORUM, and new technologies make the effort much U.S. Department of Education says the Mr. ENSIGN): cleaner and require less water than in average cost of a four-year education is S. 1113. A bill to provide that no Fed- the past. Industry understands that currently $34,000 and almost $90,000 for eral funds may be expended for the any water it needs will have to be ac- private colleges. payment or reimbursement of a drug quired according to State law and ac- In 1996, Congress created 529 plans to that is prescribed for the treatment of cording to existing water rights. help families plan for this expense. sexual or erectile dysfunction; to the Let me talk, for a moment, about the Since their inception, 529 plans have Committee on Finance. specific provisions in our bill. S. 1111 helped families’ college savings grow Mr. GRASSLEY. Mr. President, over would establish an Office of Strategic faster by not taxing investment income the past three decades, prescription Fuels tasked with, among other things, while it is accumulating in the ac- medicines have assumed a central and the development of a five-year plan to count. In 2001, we saw a need to do critical role in treating health care determine the safest and steadiest more to help families deal with sky- conditions. Every year, researchers route to developing oil shale and tar rocketing costs, so we allowed tax-free make new discoveries that help pa- sands. The bill would also establish a distributions from the account, as long tients cope with illnesses and improve mineral leasing program in the Depart- as the money goes for its intended pur- their quality of life. Ensuring access to ment of the Interior to provide access pose—post-secondary education ex- prescription drugs—to treatments that to this resource. penses. This income exclusion will ex- can help people maintain their health Recognizing the tremendous national pire after 2010 if we don’t do something and avoid costly hospitalizations, for interest in this resource, our legisla- about it. example—is a fundamental responsi- tion provides a number of programs to bility of our Federal health programs. There are a lot of provisions that will encourage oil shale and tar sands de- We would not have worked as hard as expire in 2010—so why focus on this one velopment, including Federal royalty we did to establish the first-ever Medi- provision today? Because saving for relief, Federal cost shares for dem- care prescription drug benefit if we did college doesn’t happen in five or six onstration projects, advanced procure- not believe this to be true. At the same years. We want families to save today ment agreements by the military, and time, we have a tremendous responsi- for college expenses fifteen to twenty tax relief through the expensing of new bility to be good stewards of taxpayers’ years from now. Without this legisla- equipment and technologies related to dollars. I, for one, take that responsi- tion, we are asking families to make oil shale and tar sands development. bility very seriously. critical investment decisions without The size of our nation’s energy chal- In 2004, our nation spent $1.8 trillion the promise of today’s tax benefits. lenge is enormous, but in Utah, Colo- on health care. Medicare spending ac- This is not a good way to encourage rado, and Wyoming we have an answer counted for 17 percent of that amount. savings. Making this tax benefit per- that more than meets the challenge. In 2005, Medicaid spending is expected manent will allow families to plan and This bill moves us down that path. I to reach $321 billion. The Federal gov- finance their children’s education be- urge my colleagues to join us in our ef- ernment offers me and other Federal yond 2010. fort to help the United States open the employees health coverage through the door new frontier for domestic energy. Thousands of young people back Federal Employees Health Benefits home have 529 plan accounts. By the Program (FEHBP). The Department of By Mr. GRASSLEY (for himself, end of 2004, Montana families had over Defense has TRICARE for military per- Mr. BAUCUS, Mr. SMITH, Mr. $128 million set aside through the Mon- sonnel, and the Veterans’ Administra- WYDEN, Mr. MCCONNELL, Mr. tana Family Education Savings Pro- tion provides an important source of JEFFORDS, Mr. LOTT, Mr. SCHU- gram. Across the country there is health care access to those who proud- MER, Mr. KERRY, Mr. BINGAMAN, about $68 billion invested in over 7 mil- ly served our country. Year after year, Mr. ROCKEFELLER, Mrs. LIN- lion accounts. The average account the costs of these and other Federal COLN, Ms. LANDRIEU, Mr. balance is just over $9,000. Not enough health care programs continue to rise. CORZINE, Mr. TALENT, and Mr. to finance a college education, but an Year after year, we are forced to make HAGEL): important start. difficult decisions to find ways to save S. 1112. A bill to make permanent the One of the great things about 529 money under these programs with the enhanced educational savings provi- plans is that grandparents can save for goal of sustaining them well into the sions for qualified tuition programs en- the future of their grandchildren. That future. acted as part of the Economic Growth is what Arlene Hannawalt did—she In contrast to those decisions, the and Tax Relief Reconciliation Act of saved through a 529 plan for her grand- bill that I am introducing today was 2001; to the Committee on Finance. daughter Nicole’s education. Nicole not difficult for me at all. By elimi- Mr. BAUCUS. Mr. President, I am dropped out of high school, but she is nating all Federal payments for certain pleased to join Senator GRASSLEY, and getting her GED. Later this year, with ‘‘lifestyle’’ drugs, the legislation re- our other colleagues, in introducing help from her 529 account, Nicole will stores the fundamental concept of legislation to make the Section 529 en- be going to the University of Mon- stewardship to prescription drug cov- hancements enacted in 2001 permanent. tana—Helena College of Technology to erage under Federal programs. It is a In 2001, it was the Senate, especially study accounting. pretty simple piece of legislation—no my good friend Chairman GRASSLEY, payment for drugs prescribed for sexual Nicole’s father is in the Army Na- that insisted on including education or erectile dysfunction under any Fed- tional Guard, serving in Iraq. Our pray- savings in the tax bill. I am proud of eral program, period. The Congres- ers are with him. I’m sure Nicole’s fam- that fact. And I am proud that the Sen- sional Budget Office (CBO) estimated ily is very pleased that she will soon be ate is again taking the lead to make that Medicare and Medicaid alone will a college student. these important provisions permanent. spend $2 billion on these drugs between Higher education is critical to our Tax-favored treatment for college 2006 and 2015. In my opinion, those dol- children’s future and our Nation’s savings is good policy, but it is not lars could be spent more wisely. economy. As a parent, or grandparent, free. I assure my colleagues that we When we crafted the Medicare Mod- you know that providing your children will be looking for appropriate offsets ernization Act of 2003, our bipartisan with a college education means they to cover the cost of this bill. agreement sought to strike the most are likely to earn substantially more Education is one of my top priorities. reasonable balance for Medicare bene- than if they only have a high school de- And saving for education should be one ficiaries and hard working taxpayers. gree. One study estimated a million of a family’s top priorities. I encourage We wanted to make sure that bene- dollars more in today’s dollars. my colleagues to join in making the ficiaries had access to life-saving and College is a good investment, but a tax status of 529 benefits permanent to life-improving medicines. Now some very expensive one. The cost of tuition help millions of American families plan certainly may argue that these ‘‘life- is rising every year. Over the past ten for their children’s future. style’’ drugs can improve your life. I

VerDate Aug 04 2004 05:10 May 25, 2005 Jkt 039060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.035 S24PT1 May 24, 2005 CONGRESSIONAL RECORD — SENATE S5855 appreciate that view. However, we live tion, the bill would require not fewer By introducing this bill, I am once in a world of limited resources, and in than three unannounced tests during a again asking the leagues to shore up that world of limited resources cov- league’s season of play, and at least the integrity of professional sports. I erage of these ‘‘lifestyle’’ drugs under two unannounced tests during the off am asking the leagues to realize that Medicare—or any other Federal pro- season. Under this legislation, if a what is at stake here is not the sanc- gram, in my opinion—is inconsistent player were to test positive for a tity of collective bargaining agree- with that goal of balance. I am pleased banned performance-enhancing sub- ments, but rather the health and safety to join with Senators LOTT, SANTORUM, stance, that player would be suspended of America’s children. Like it or not, and ENSIGN in working to rectify that for 2 years for the first violation and our Nation’s kids look to professional situation today and urge my colleagues banned for life for a second violation. athletes as role models and take cues to join us in cosponsoring this impor- Finally, if any player were to test posi- from their actions, both good and bad. tant legislation. tive, the professional sports league I remain hopeful that professional would be obligated to ensure that the sports will reform their drug testing By Mr. MCCAIN (for himself and player would have substantial due policies on their own—a modest pro- Mr. STEVENS): process rights including the oppor- posal in the eyes of reasonable people. S. 1114. A bill to establish minimum tunity for a hearing and right to coun- However, the introduction of this bill drug testing standards for major pro- sel. demonstrates the continued serious- fessional sports leagues; to the Com- To ensure that the major profes- ness with which Congress views this mittee on Commerce, Science, and sional sports leagues meet the highest issue. It should be seen as a renewed in- Transportation. standards of performance-enhancing centive for the leagues to clean up Mr. MCCAIN. Mr. President, I am drug testing, the bill would require their sports on their own without Gov- joined today by Senator STEVENS in in- each professional sports league to con- ernment interference. troducing the Clean Sports Act of 2005. sult with USADA in developing its The chairman of the House Govern- drug testing standards and procedures, By Ms. MURKOWSKI (for herself ment Reform Committee, Congressman its protocols for tests in the off season, and Mr. JOHNSON): DAVIS, and the ranking member of that and its athlete adjudication program. S. 1115. A bill to amend the Internal committee, Congressman WAXMAN, are For 5 years, USADA has served as the Revenue Code of 1986 to allow Indian introducing a companion bill today in official antidoping agency for Olympic tribes to receive charitable contribu- the House. sports in the United States. In that tions of inventory; to the Committee The purpose of this bill is to protect role, USADA has shown a tremendous on Finance. Ms. MURKOWSKI. Mr. President, I the integrity of professional sports dedication to eliminating doping in rise to introduce a bill that will help and, more importantly, the health and sports through research, education, increase the amount of food donations safety of our Nation’s youth, who, for testing, and adjudication efforts. The going to American Indians and Alaska better or for worse, see professional expertise that it has developed over the Natives nationwide. I am pleased to athletes as role models. The legislation past half-decade would serve this coun- have Mr. JOHNSON join me in intro- would achieve that goal by establishing try’s professional sports leagues well. A violation of this legislation would ducing this important legislation. minimum standards for the testing of be treated as a violation of the Federal Despite reports from the Census Bu- steroids and other performance-en- Trade Commission Act. The Federal reau that show stable income levels for hancing substances by major profes- Trade Commission would have the abil- many Americans, the poverty rate for sional sports leagues. By adhering to— ity to either obtain an injunction the 4.4 million American Indians and and hopefully exceeding—these min- against the league that is in violation Alaska Natives living throughout the imum standards, the Nation’s major of the bill or seek penalties of up to $1 United States remains nearly three professional sports leagues would send million per violation. Any enforcement times that of non-Hispanic whites. Not a strong signal to the public that per- mechanism that is not as strong as this only do Natives face greater challenges formance-enhancing drugs have no le- would simply not be effective to ensure in securing basic household necessities, gitimate role in American sports. that these multi-billion-dollar busi- but in securing food as well. This bill would prohibit our coun- nesses adhere to the minimum stand- According to a U.S. Department of try’s major professional sports ards set forth in the legislation. Agriculture report released in late 2004, leagues—the National Football League, Finally, the bill would give the Office nearly 36 million Americans face chal- Major League Baseball, the National of National Drug Control Policy— lenges in getting enough food to eat. Basketball Association, and the Na- ONDCP—the ability to add other pro- This includes nearly 13 million chil- tional Hockey League—from operating fessional sports leagues as well as cer- dren. Of these statistics, Natives con- if they do not meet the minimum test- tain college sports if the ONDCP were stitute a disproportionate number due ing requirements set forth therein. to determine that such additions would to the higher poverty rate among this Those standards would be comprised of prevent the use of performance-enhanc- group. five key components: the independence ing substances by high school, college, And yet, charitable organizations of the entity or entities that perform or professional athletes. The bill would that provide hunger relief are unable to the leagues’ drug tests; testing for a also require the United States Boxing meet the basic needs of Natives due to comprehensive list of doping sub- Commission, upon its establishment, to an oversight in the Federal tax code. stances and methods; a strong system promulgate steroids testing standards Section 170(e)(3) of the Internal Rev- of unannounced testing; significant consistent with those contained in the enue Code allows corporations to take penalties that discourage the use of bill. an enhanced tax deduction for dona- performance-enhancing drugs; and a The need for reforming the drug test- tions of food inventory; however, the fair and effective adjudication process ing policies of professional sports is food must be distributed to 501(c)(3) for athletes accused of doping. These clear. However, I introduce this legisla- nonprofit organizations, such as food elements are crucial components of tion reluctantly. Over a year ago, I banks. Nonprofit organizations cannot any credible performance-enhancing stated publicly that the failure of pro- then transfer such donations to tribes. drug testing policy. fessional sports—and in particular Although many donations to tribes are More specifically, the bill would re- Major League Baseball—to commit to tax deductible under section 7871 of the quire all major professional sports addressing the issue of doping straight Internal Revenue Code, tribes are not leagues to have an independent third on and immediately would motivate among the organizations listed under party administer their performance-en- Congress to search for legislative rem- section 501(c)(3) of the Internal Rev- hancing drug tests. The legislation edies. Despite my clear warning and enue Code. To clarify, section 170(e)(3) would further require that samples pro- the significant attention that Congress does not allow tribes to be eligible re- vided by athletes be tested by labora- has given to this stain on professional cipients of corporate food donations to tories approved by the United States sports, baseball, and other professional nonprofit organizations since they are Anti-Doping Agency—USADA—and for leagues have refused to do the right not listed under section 501(c)(3) as an substances banned by USADA. In addi- thing. eligible entity.

VerDate Aug 04 2004 05:10 May 25, 2005 Jkt 039060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.039 S24PT1 S5856 CONGRESSIONAL RECORD — SENATE May 24, 2005 With this legislation, we intend to Department of Energy, to prescribe per- Human Services; and Charles E. John- make a simple correction to the tax sonnel strengths for such fiscal year for the son, to be Assistant Secretary for code that clearly indicates that tribes Armed Forces, and for other purposes; which Budget, Technology and Finance, U.S. are eligible recipients of food donated was ordered to lie on the table. Department of Health and Human under section 170(e)(3) of the Internal f Services. The PRESIDING OFFICER. Without Revenue Code. This correction is long TEXT OF AMENDMENTS overdue and would remedy an egre- objection, it is so ordered. gious inequity in the Federal tax code SA 764. Mr. MARTINEZ (for himself COMMITTEE ON FOREIGN RELATIONS that affects Natives nationwide. and Mr. NELSON of Florida) submitted Mr. CORNYN. Mr. President, I ask Please allow me to provide a few ex- an amendment intended to be proposed unanimous consent that the Com- amples of how this legislation could by him to the bill S. 1042, to authorize mittee on Foreign Relations be author- foster positive change. In Alaska, ap- appropriations for fiscal year 2006 for ized to meet during the session of the proximately half of the food donated to military activities of the Department Senate on Tuesday, May 24, 2005 at 9:30 the Food Bank of Alaska from corpora- of Defense, for military construction, a.m. to hold a hearing on nominations. tions could go to tribes throughout and for defense activities of the De- The PRESIDING OFFICER. Without Alaska. Much of this food would go to partment of Energy, to prescribe per- objection, it is so ordered. villages that are only accessible by air sonnel strengths for such fiscal year SELECT COMMITTEE ON INTELLIGENCE or water. In South Dakota, roughly 30 for the Armed Forces, and for other Mr. CORNYN. Mr. President, I ask percent of the food the Community purposes; which was ordered to lie on unanimous consent, pursuant to Rule Food Banks of South Dakota distrib- the table; as follows: 26.5(a) of the Standing Rules of the utes would go to reservations. In North At the end of title XXII, add the following: Senate, that the Select Committee on Dakota, the amount of food donated to SEC. 2207. WHARF UPGRADES, NAVAL STATION Intelligence be authorized to meet the Great Plains Food Bank could dou- MAYPORT, FLORIDA. after conclusion of the first two hours ble if this legislation were enacted. The Of the amount authorized to be appro- after the meeting of the Senate com- priated by section 2204(a)(4) for the Navy for Montana Food Bank Network projects mences on May 24, 2005. architectural and engineering services and The PRESIDING OFFICER. Without that food donations could increase by construction design, $500,000 shall be avail- 16 percent. A food bank based in Albu- able for the design of wharf upgrades at objection, it is so ordered. querque, NM estimates that their food Naval Station Mayport, Florida. SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- AGEMENT, GOVERNMENT INFORMATION, AND donations could triple in the first year f alone. INTERNATIONAL SECURITY It is imperative that we address this AUTHORITY FOR COMMITTEES TO Mr. CORNYN. Mr. President, I ask important issue expeditiously. The MEET unanimous consent that the Sub- health and well-being of low income committee on Federal Financial Man- COMMITTEE ON BANKING, HOUSING, AND URBAN agement, Government Information, American Indians and Alaska Natives AFFAIRS across the Nation is at stake. and International Security be author- Mr. CORNYN. Mr. President, I ask ized to meet on Tuesday, May 24, 2005, I ask unanimous consent that the unanimous consent that the Com- text of this bill be printed in the at 2 p.m. for a hearing regarding ‘‘Over- mittee on Banking, Housing, and view of the Competitive Effects of Spe- RECORD. Urban Affairs be authorized to meet There being no objection, the bill was ciality Hospitals.’’ during the session of the Senate on The PRESIDING OFFICER. Without ordered to be printed in the RECORD, as May 24, 2005, at 3 p.m., to conduct a objection, it is so ordered. follows: hearing on ‘‘Money Laundering and SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT S. 1115 Terror Financing Issues in the Middle MANAGEMENT, THE FEDERAL WORKFORCE, Be it enacted by the Senate and House of Rep- East.’’ AND THE DISTRICT OF COLUMBIA resentatives of the United States of America in The PRESIDING OFFICER. Without Mr. CORNYN. Mr. President, I ask Congress assembled, objection, it is so ordered. unanimous consent that the Sub- SECTION 1. CHARITABLE CONTRIBUTIONS OF IN- COMMITTEE ON COMMERCE, SCIENCE, AND committee on Oversight of Government VENTORY TO INDIAN TRIBES . TRANSPORTATION Management, the Federal Workforce, (a) IN GENERAL.—Section 170(e)(3) of the In- ternal Revenue Code of 1986 (relating to spe- Mr. CORNYN. Mr. President, I ask and the District of Columbia be author- cial rule for contributions of inventory and unanimous consent that the Com- ized to meet on Tuesday, May 24, 2005, other property) is amended by adding at the mittee on Commerce, Science, and at 10 a.m. for a hearing entitled, ‘‘Safe- end the following new subparagraph: Transportation be authorized to meet guarding the Merit System: A Review ‘‘(D) SPECIAL RULE FOR INDIAN TRIBES.— on Tuesday, May 24, 2005, at 10 a.m. on of the U.S. Office of Special Counsel.’’ ‘‘(i) IN GENERAL.—For purposes of this S. 529, a bill to authorize funding for The PRESIDING OFFICER. Without paragraph, an Indian tribe (as defined in sec- the U.S. Anti-Doping Agency (USADA) objection, it is so ordered. tion 7871(c)(3)(E)(ii)) shall be treated as an and to designate it as the official organization eligible to be a donee under f doping agency of the U.S. Olympic subparagraph (A). PRIVILEGE OF THE FLOOR ‘‘(ii) USE OF PROPERTY.—For purposes of Committee. subparagraph (A)(i), if the use of the prop- The PRESIDING OFFICER. Without Mr. REED. Mr. President, I ask unan- erty donated is related to the exercise of an objection, it is so ordered. imous consent that Claire Steele, a fel- low in my office, be granted the privi- essential governmental function of the In- COMMITTEE ON FINANCE lege of the floor for the remainder of dian tribal government (within the meaning Mr. CORNYN. Mr. President, I ask of section 7871), such use shall be treated as today’s session. related to the purpose or function consti- unanimous consent that the Com- The PRESIDING OFFICER. Without tuting the basis for the organization’s ex- mittee on Finance be authorized to objection, it is so ordered. emption.’’. meet during the session on Tuesday, Mr. FEINGOLD. Mr. President, I ask (b) EFFECTIVE DATE.—The amendment May 24, 2005, at 10 a.m., in 628 Dirksen unanimous consent that Avery made by this section shall apply to taxable Senate Office Building, to consider the Wentzel, a legal intern on my Senate years beginning after December 31, 2005. nominations of Alex Azar, II, to be Judiciary Committee staff, be granted f Deputy Secretary of Health and Human the privilege of the floor during the de- AMENDMENTS SUBMITTED AND Services, Department of Health and bate on Justice Owen. PROPOSED Human Services, Washington, DC; Tim- The PRESIDING OFFICER. Without othy D. Adams, to be Under Secretary objection, it is so ordered. SA 764. Mr. MARTINEZ (for himself and for International Affairs, U.S. Depart- f Mr. NELSON, of Florida) submitted an amend- ment of Treasury; Shara L. Aranoff, to ment intended to be proposed by him to the ORDER FOR STAR PRINT bill S. 1042, to authorize appropriations for be Member of the International Trade fiscal year 2006 for military activities of the Commission; Suzanne C. DeFrancis to Mr. FRIST. I ask unanimous consent Department of Defense, for military con- be Assistant Secretary for Public Af- Senate report 109–69 be star printed struction, and for defense activities of the fairs, U.S. Department of Health and with the changes at the desk.

VerDate Aug 04 2004 05:10 May 25, 2005 Jkt 039060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.042 S24PT1 May 24, 2005 CONGRESSIONAL RECORD — SENATE S5857 The PRESIDING OFFICER. Without The Democratic leader. two leaders be reserved, and the Senate objection, it is so ordered. Mr. REID. Mr. President, reserving then begin a period of morning busi- f the right to object, we are also hopeful ness for up to 60 minutes, with 30 min- and confident we can add Neilson to utes under the control of the majority MEASURE PLACED ON THE this group. The two Senators from leader or his designee, and the final 30 CALENDAR—S. 1098 Michigan are taking a look at her. She minutes under the control of the Mr. FRIST. Mr. President, I under- became very ill and, therefore, she was Democratic leader or his designee. stand there is a bill at the desk that is not able to move forward as these Following morning business, the Sen- due for a second reading. other two men have done. We feel con- ate will return to executive session and The PRESIDING OFFICER. The fident, after speaking to the two Michi- resume the consideration of the nomi- clerk will read the title of the bill for gan Senators, that we will be able to nation of Priscilla Owen to the Fifth a second time. add her to this list. She has now recov- Circuit Court of Appeals, as provided The assistant legislative clerk read ered her health and is back in good under the previous order. as follows: health, good stead. The PRESIDING OFFICER. Without A bill (S. 1098) to prevent abuse of the spe- The PRESIDING OFFICER. Is there objection, it is so ordered. cial allowance subsidies under the Federal objection? Family Education Loan Program. Mr. REID. No. f Mr. FRIST. In order to place the bill The PRESIDING OFFICER. Without on the calendar under the provisions of objection, it is so ordered. PROGRAM rule XIV, I object to further pro- Mr. FRIST. Mr. President, as in exec- Mr. FRIST. Tomorrow, following ceeding. utive session, I ask unanimous consent morning business, the Senate will re- The PRESIDING OFFICER. Objec- that at a time determined by the ma- sume consideration of Priscilla Owen tion is heard. jority leader, after consultation with to be U.S. circuit judge for the Fifth The bill will be placed on the cal- the Democratic leader, the Senate pro- Circuit. Under a previous agreement, endar. ceed to the consideration of Executive at 12 noon tomorrow, we will proceed f Calendar No. 66, the nomination of to the vote on the confirmation. Thomas Griffith to be U.S. circuit Following the vote on the Owen nom- APPOINTMENT judge for the District of Columbia Cir- ination, it is my expectation that we The PRESIDING OFFICER. The cuit; provided further that there be 4 will move forward with the nomination Chair, on behalf of the President pro hours equally divided for debate on the of John Bolton to be ambassador to the tempore, pursuant to Public Law 100– nomination between the chair and the United Nations. Our colleagues on the 696, appoints the Senator from Colo- ranking member or their designees; other side of the aisle have indicated rado, Mr. ALLARD, as a member of the provided further that following the use they would need a good deal of time to United States Capitol Preservation or yielding back of time, the Senate debate the nomination. We plan to Commission. proceed to a vote on the confirmation complete action on the Bolton nomina- f of the nomination with no further in- tion this week, and I will work with tervening action or debate; finally, the Democratic leader to lock in a UNANIMOUS CONSENT AGREE- that the President be immediately no- time agreement on the nomination. MENT—JUDICIAL NOMINATIONS tified of the Senate’s action, and the Mr. REID. Mr. President, if the dis- Mr. FRIST. Mr. President, as in exec- Senate then resume legislative session. tinguished majority leader will yield, I utive session, I ask unanimous consent The PRESIDING OFFICER. Without think it is appropriate that we have that at a time determined by the ma- objection, it is so ordered. this vote at noon. We would have been jority leader, after consultation with JOINT REFERRAL willing to have it earlier. This way the the Democratic leader, it be in order to Mr. FRIST. As in executive session, I committees can go about their busi- move to proceed en bloc to the fol- ask unanimous consent that the nomi- ness. I know I have a ranking members lowing nominations, if reported by the nation of Charles S. Ciccolella, of Vir- meeting at 12. So this will work out Judiciary Committee; provided further ginia, to be Assistant Secretary of perfect. Even though we are waiting for that they be considered under a total Labor for Veterans Employment and the vote, I think this will work out time limitation of 10 hours equally di- Training, be jointly referred to the well for the schedule. vided between the chairman and rank- Committees on HELP and Veterans’ Mr. FRIST. Mr. President, we have a ing member or their designees; pro- Affairs. good plan for the remainder of the vided further that following the use or The PRESIDING OFFICER. Without week with that vote and proceeding yielding back of time, the Senate pro- objection, it is so ordered. with the nomination of John Bolton. ceed to votes on the confirmation of f the nominations, with no further inter- f vening action or debate. The nomina- ORDERS FOR WEDNESDAY, MAY 25, tions are as follows: David McKeague, 2005 ADJOURNMENT UNTIL 9:30 A.M. to be U.S. circuit judge for the Sixth Mr. FRIST. Mr. President, I ask TOMORROW Circuit; Richard Griffin, to be U.S. cir- unanimous consent that when the Sen- Mr. FRIST. Mr. President, if there is cuit judge for the Sixth Circuit. Fi- ate completes its business today, it no further business to come before the nally, I ask consent that following the stand in adjournment until 9:30 a.m. on Senate, I ask unanimous consent that votes, the President be immediately Wednesday, May 25. I further ask that the Senate stand in adjournment under notified of the Senate’s action, and the following the prayer and the pledge, the previous order. Senate then resume legislative session. the morning hour be deemed to have There being no objection, the Senate, The PRESIDING OFFICER. Is there expired, the Journal of the proceedings at 6:57 p.m., adjourned until Wednes- objection? be approved to date, the time for the day, May 25, 2005, at 9:30 a.m.

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