Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 108 CONGRESS, FIRST SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, FIRST SESSION

Vol. 149 WASHINGTON, TUESDAY, FEBRUARY 25, 2003 No. 30 Senate The Senate met at 9:30 a.m. and was SCHEDULE not important enough to be on the called to order by the President pro Mr. BENNETT. Mr. President, the floor at this stage. tempore (Mr. STEVENS). Senate will spend the day in executive So I would hope that everyone would The PRESIDENT pro tempore. To- session deliberating, once again, and understand that we are anxious to day’s prayer will be offered by our for the ninth day, the nomination of move on to other judicial nominations. guest Chaplain, Dr. George D. McKin- Miguel Estrada to be a circuit court We are anxious to move on to other ney, of Saint Stephens’s Church of God judge for the DC Circuit. The Senate legislative matters. But as long as in Christ in San Diego, CA. will recess from 12:15 to 2:30 for the Miguel Estrada refuses to answer the weekly party lunches. Between now questions or to submit the memos that PRAYER and the next recess we have a number we have requested, this is going to be The guest Chaplain offered the fol- of important issues that the majority the procedural posture of the Senate. lowing prayer: leader would like to see addressed. The PRESIDING OFFICER (Mr. COR- May we pray together. Therefore, he hopes we can get passed NYN). The Senator from Utah. Eternal God, Creator of the universe, this delay and let the Senate work its Mr. HATCH. Mr. President, I have the Source of life, order, and truth, we will on this nomination. Senators listened to the distinguished Senator bow in reverence in Your presence. We should be advised, therefore, that roll- from Nevada, and I have a few things thank You for divine favor and all the call votes are possible during the day. to say. values and principles that continue to The PRESIDENT pro tempore. The Mr. President, I rise today to ad- shape our national character and chal- deputy minority leader. dress, once again, the nomination of lenge us to greatness. Mr. REID. Mr. President, I say to my Miguel Estrada for the United States We pray for our Nation, our Presi- friend—in fact, the two Senators from Court of Appeals for the District of Co- dent, his family, Cabinet, and advisors. Utah—that, as I indicated to the ma- lumbia Circuit. Grant wisdom and courage to the Sen- jority leader last night, there are three Are we ready to go? ators as they fulfill their responsibility ways we can move off Estrada. The The PRESIDING OFFICER. Will the to our great Nation. Empower all who nomination can be pulled. The decision Senator suspend for the Senate to lay shoulder the responsibility of leader- can be made by this administration down the pending orders, please. ship and servanthood. May our duties that he will supply the memos from the f become delightful because of Your gifts Solicitor’s Office while he worked RESERVATION OF LEADER TIME of joy, faith, and hope. there that he wrote and allow more Lord, we are grateful for the privi- questioning of Estrada. Thirdly, the The PRESIDING OFFICER. Under lege of working together with You for majority leader can file a motion to in- the previous order, the leadership time peace and justice for all people. We af- voke cloture to see if there are the 60 is reserved. firm with our Founding Fathers and votes to move ahead. f Mothers that we are one Nation under If that does not happen, we can stay God, with a common goal of liberty and on Estrada for a long time. If there are EXECUTIVE SESSION justice for all. Amen. other things to do—and I mentioned yesterday I doubt that there are—if f there are other things to do, then let’s NOMINATION OF MIGUEL A. ESTRADA, OF VIRGINIA, TO BE PLEDGE OF ALLEGIANCE move to those. If not, then we can stay in this procedural quagmire, which is UNITED STATES CIRCUIT JUDGE The PRESIDENT pro tempore led the something that has been done in the FOR THE DISTRICT OF COLUM- Pledge of Allegiance, as follows: past. BIA CIRCUIT I pledge allegiance to the Flag of the As I indicated yesterday, there have The PRESIDING OFFICER. Under United States of America, and to the Repub- been, of course, filibusters of Presi- the previous order, the Senate will now lic for which it stands, one nation under God, dential nominations in the past and go into executive session and resume indivisible, with liberty and justice for all. Presidential nominations of judges. consideration of Executive Calendar f They usually are not as open and noto- No. 21, which the clerk will report. rious as this, the reason being they The legislative clerk read the nomi- RECOGNITION OF THE ACTING come at a later time in the session nation of Miguel A. Estrada, of Vir- MAJORITY LEADER where time is of the essence. Now time ginia, to be United States Circuit The PRESIDENT pro tempore. The is not of the essence. There are other Judge for the District of Columbia Cir- acting majority leader. things that the leader has decided are cuit.

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

S2621

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2622 CONGRESSIONAL RECORD — SENATE February 25, 2003 The PRESIDING OFFICER. The Sen- you do, as I think a majority does in letter from all living former solicitors gen- ator from Utah. this body, we would vote aye. Do as eral attests. He is not a real Hispanic and, by Mr. HATCH. Mr. President, I rise in your conscience dictates you must, but the way, he was nominated only because he favor of the nomination of Miguel is Hispanic—two arguments as repugnant as do not prolong the obstruction of the they are incoherent. Underlying it all is the Estrada for the United States Court of Senate by denying a vote on this nomi- fact that Democrats don’t want to put a con- Appeals for the District of Columbia nation. Do not continue to treat the servative on the court. Circuit. third branch of our Federal Govern- Laurence H. Silberman, a senior judge on We started the debate on this nomi- ment—the one branch intended to be the court to which Mr. Estrada aspires to nation during the week of February 3. insulated from political pressures— serve, recently observed that under the cur- We debated the entire week of Feb- rent standards being applied by the Senate, with such disregard that we filibuster not one of his colleagues could predictably ruary 10. And now here we are again in its nominees. Do not perpetuate this secure confirmation. He’s right. To be sure, our third week of debate, all because campaign of unfairness. Vote for him Republicans missed few opportunities to play some of my Democratic colleagues or vote against him but just vote. politics with President Clinton’s nominees. refuse to allow an up-or-down vote on Now, an editorial that appeared in But the Estrada filibuster is a step beyond this nomination. the Washington Post last week even those deplorable games. For Democrats The renowned former Senator from summed it up well. This editorial, demand, as a condition of a vote, answers to Massachusetts, Henry Cabot Lodge, questions that no nominee should be forced aptly entitled, ‘‘Just Vote’’ observed— to address—and that nominees have not pre- once said that ‘‘[t]o vote without de- let me read the one part I want to em- viously been forced to address. If Mr. Estrada bating is perilous, but to debate and phasize, though I would not mind read- cannot get a vote, there will be no reason for never vote is imbecile.’’ Yet that is ing the whole thing— Republicans to allow the next David S. precisely what is happening on Mr. The arguments against Mr. Estrada’s con- Tatel—a distinguished liberal member of the Estrada’s nomination. We are debating firmation range from the unpersuasive to the court—to get one when a Democrat someday and debating and debating the same offensive. He lacks judicial experience, his again picks judges. Yet the D.C. Circuit—and points again and again but never actu- critics say—though only three current mem- all courts, for that matter—would be all the bers of the court had been judges before their poorer were it composed entirely of people ally voting on the nomination. Enough whose views challenged nobody. is enough. It is time to vote. nominations. He is too young—though he is about the same age as Judge Harry T. Nor is the problem just Mr. Estrada. John My Republican colleagues and I have G. Roberts Jr., Mr. Bush’s other nominee to Edwards was when he was appointed [by the D.C. Circuit, has been waiting nearly two tried to get an agreement to vote on President Carter] and several years older years for a Judiciary Committee vote. No- Mr. Estrada’s nomination no fewer than Kenneth W. Starr was when he was body has raised a substantial argument than three separate times. Each time, nominated. Mr. Estrada stonewalled the Ju- against him. Indeed, Mr. Roberts is among our Democratic colleagues blocked our diciary Committee, they claim, by refusing the most highly regarded appellate lawyers efforts. I even suggested that we agree to answer questions—though his answers in the city. Yet on Thursday, Democrats in- to debate on this nomination for 10 were similar in nature to those of previous voked a procedural rule to block a com- hours, then 20 hours, then up to 50 nominees, including many nominated by mittee vote anyway—just for good measure. hours before voting. Fifty hours. That Democratic presidents. The administration It’s long past time to stop these games and refused to turn over his Justice Department vote. is 10 hours of solid debate every day for memos—though no reasonable Congress the entire week, and 2 1⁄2 times the ought to be seeking such material, as a let- I think the Washington Post has it amount of time that we give for a rec- ter from all living former solicitors general just right. The fact is there hasn’t been onciliation bill around here. But each attests. He is not a real Hispanic and, by the one good argument used against Mr. time, our Democratic friends rejected way, he was nominated only because he is Estrada. They can’t point to one rea- our entreaties, without hesitation or Hispanic—two arguments as repugnant as son he should not be confirmed to this even good explanation. they are incoherent. Underlying it all is the circuit court of appeals. They can’t We have to ask ourselves why our fact that Democrats don’t want to put a give one logical, good, substantive rea- thinking conservative [Hispanic] on the son to reject him. But I still grant colleagues across the aisle are so in- court. tent on preventing a vote on Mr. them the right to vote against him if That is what it comes down to. Estrada’s nomination. I have heard all that is the way they feel. If they in Continuing from the Post: of their arguments. They allege he did their hearts feel that this man will not It’s long past time to stop these games and operate on the court the way he not answer their questions, that he vote. lacks judicial experience, and that he should, then, by gosh, they have a right I will read the editorial from begin- cannot be confirmed before they see to do that. Naturally, I do take opposi- ning to end because it is the Wash- confidential and privileged memos he tion or issues with the Post’s charac- ington Post. A lot of my friends on the authored at the Solicitor General’s Of- terization of how we treated the Clin- other side love the Washington Post. I ton nominees, but other than that, I fice, just to name a few. And those have to say that I love it, too, but not think it is dead on. memos were his recommendations to for the same reasons. This is what it Let me tell you why I take opposi- the Solicitor General with regard to says: tion. If you look at the facts, as I have appeal decisions, with regard to certio- said before, President Reagan was the rari decisions, with regard to amicus The Senate has recessed without voting on the nomination of Miguel Estrada to the all-time confirmation champion. He curiae decisions—very specific infor- U.S. Court of Appeals for the D.C. Circuit. amazingly got 382 judges confirmed. mation that, if compromised and Because of a Democratic filibuster, it spent But he had 6 years of a Republican forced to be given to the Congress of much of the week debating Mr. Estrada, and, Senate, with control of the Judiciary the United States, could chill any fu- at least for now, enough Democrats are hold- Committee by Republicans, to help ture honest recommendations. ing together too prevent the full Senate from him to do that. I have heard so much But all of these arguments they have acting. The arguments against Mr. Estrada’s whining from the other side about how raised are reasons they believe Mr. confirmation range from the unpersuasive to badly President Clinton’s nominees Estrada should not be confirmed. As the offensive. He lacks judicial experience, his critics say—though only three current were treated. It is repeated in this edi- misguided and wrong as they are, these members of the court had been judges before torial to a limited degree. But the fact are reasons my Democratic friends be- their nominations. He is too young—though is, President Clinton got virtually the lieve they should vote against Mr. he is about the same age as Judge Harry T. same number as President Reagan. Estrada. None of those arguments jus- Edwards was when he was appointed and sev- Three hundred seventy-seven Federal tifies the continuation of this filibuster eral years older than Kenneth W. Starr was judges were confirmed during Presi- to prevent an up-or-down vote on Mr. when he was nominated. Mr. Estrada dent Clinton’s 8 years, and for 6 of Estrada’s nomination. stonewalled the Judiciary Committee by re- those years the Republicans controlled So I say now to my Democratic fusing to answer questions—though his an- the Senate and the Senate Judiciary friends: Vote for him or vote against swers were similar in nature to those of previous nominees, including many nominated Committee. He was treated very fairly. him. That is what we should do. If you by Democratic presidents. The administra- If you go back in time, when Presi- don’t like Mr. Estrada, if you don’t be- tion refused to turn over his Justice Depart- dent Bush was President, Bush 1, when lieve he has the capacity to be a circuit ment memos—though no reasonable Con- he left his Presidency and the Demo- court of appeals judge, vote no. But if gress ought to be seeking such material, as a crats controlled the committee at that

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2623 time, there were 97 vacancies and 54 I think it is important to note again we are entering into a sad new chapter left holding. In other words, 54 nomi- what some of my colleagues had to say in the confirmation of judicial nominees did not get heard. By the way, one about filibustering judicial nominees nees. It is a chapter where the will of a of them was John Roberts, who has when there was a Democrat in the minority of the Members of this body been sitting here for 11 years, nomi- White House. The ranking member of can obstruct the confirmation of a nated three times by two different the Judiciary Committee, the Senator lower court nominee. Simply put, it is Presidents for this circuit court of ap- from Vermont, said in 1999: tyranny of the minority, and it is un- peals job. It isn’t just 2 years, as the I . . . do not want to see the Senate go fair. Post said; it is 11 years, going on 12. down a path where a minority of the Senate I have to admit there were some on That is disgraceful. He is considered is determining a judge’s fate on votes of 41. our side during the Clinton years who one of the two greatest appellate law- The distinguished Senator from Cali- wanted to filibuster some of his judges. yers in the country, arguing 39 cases fornia, who also serves on the Judici- In all honesty, I fought against that before the Supreme Court. Yet he was ary Committee, likewise said in 1999: and helped to prevent it. We never had blocked last week in committee as A nominee is entitled to a vote. Vote them a true filibuster against a circuit court well. up; vote them down. of appeals nominee. I thought it was The fact is, when President Clinton She continued: unfair then, and I think it is unfair left office and I was still chairman of today. the committee, there were 41 left hold- It is our job to confirm these judges. If we don’t like them, we can vote against them. It is significant that, in addition to ing. There were 67 vacancies, 30 fewer That is the honest thing to do. If there are the Washington Post, many other fine than when the Democrats last held the things in their background, in their abilities newspapers across the country, from committee with a Republican Presi- that don’t pass muster, vote no. California to Maine, have taken note of dent leaving office. And there were 41 My colleague from Massachusetts, a what is going on in the Senate and left holding versus the 54 left by the former Judiciary Committee chairman, have spoken out against a filibuster. Democrats. We didn’t cry about that— said in 1998: These are newspapers that generally do at least I didn’t. That is part of the Nominees deserve a vote. If our Republican not, as a matter of regular practice, process. There are always some left colleagues don’t like them, vote against comment on the Senate’s confirmation holding because it is a difficult process them. But don’t just sit on them—that is ob- of Federal judges. The fact that these to get through. Could we have done struction of justice. newspapers have chosen to speak out better? I think we could have done bet- I wonder why it was obstruction of against a filibuster of Mr. Estrada—a ter; I will acknowledge that. The fact justice then but it is not today. It does nominee with no connection to their is, we didn’t cry when they left 54 appear to be a double standard, as own State—says quite a lot about the hanging, and they shouldn’t be crying White House counsel said this week on blatant unfairness of what is going on because 41 of theirs were left hanging. television. There is a double standard here. By the way, of the 41, at least 9 were being applied to this Hispanic nominee, Take, for example, the Riverside, CA, put up so late no committee chairman without any legitimate, logical, good Press-Enterprise. In a February 18 edi- could have gotten them through, so it reason for holding him up. torial, it said: was really only 32. And if you go back I think I have made my point. When The Democrats’ tactic employed last week through these, for many there was no the shoe was on the other foot—when a of filibustering the nomination of [Mr. consultation with the Republican Sen- Democratic President was the one Estrada] . . . is an anything-goes strategy ators, an absolute must in order to nominating Federal judges—my Demo- that ought to be abandoned. confirm people. cratic colleagues stood firm against This is a newspaper that happens to I happen to know this administration the idea that a judicial nominee should agree with the Democrats’ conten- is consulting with Democrat Senators. be denied a vote. But now that it is a tion—which I think is absolutely base- To the degree that Senators say they Republican President nominating Fed- less—that Mr. Estrada was not com- are not, that is because they interpret eral judges, things are obviously dif- pletely open during his testimony be- the consultation to mean doing what ferent to them. They apparently no fore the Judiciary Committee. It is they want rather than what the Presi- longer believe it is a problem to go also a newspaper that was pretty harsh dent wants. That is not the definition down a path where a minority of the on us Republicans in the same edi- of consulting. torial—unjustly, in my view, but that There is a point here that bears re- Senate is determining a judge’s fate on votes of 41, or requiring a super- is a different story. The point is that peating because I believe that in the its anti-filibuster position is even more debate over Mr. Estrada’s nomination majority vote of 60 in order to have a nominee approved and confirmed—even credible. The Press-Enterprise is say- this point has been lost. My Demo- ing that even if you did not like the cratic colleagues have articulated though our obligation is to advise and way Mr. Estrada answered questions every reason under the Sun they be- consent. That means a vote up or down. before the committee, that is no reason lieve they should vote against Mr. They no longer believe that voting on a nominee—whether for or against—is to filibuster his nomination. Estrada, yet they will not allow his As they concluded: nomination to proceed to a vote. Why the honest thing to do, and they no [T]he process has to stop at some point. is this? I will tell you what I think, longer believe that denying nominees a vote is obstruction of justice—which is It’s one of advice and consent, not advise and plainly put, with no window dressing: I confront. think it is because they are afraid Mr. what they called it when they had the Presidency. And liberals were being Let’s look at what some of the other Estrada will be confirmed if there is a newspapers across the country have vote on his nomination. I predict he nominated and confirmed by us then. There is no question that we are in been saying since this filibuster started will be. They believe a majority of the 3 weeks ago. Like the Riverside Press- Members of this body will vote to con- the middle of a full-blown filibuster of Mr. Estrada’s nomination. The Senator Enterprise, many of these newspapers firm him. are quite harsh on us Republicans, too, The only way they can prevent this from New York, Mr. SCHUMER, has said but they are united on one point: The from happening is to filibuster his they are not filibustering. What the filibuster of Mr. Estrada’s nomination nomination. As I said last week, when heck is it then? Preventing a vote up is unfair and it should end. a minority of Senators prevent a ma- or down on the nominee is called a fili- Another California newspaper, the jority from voting on a judicial nomi- buster. They can prevent a vote, as Redding Record Searchlight, had this nation, it is nothing but tyranny of the long as they can require us to get 60 to say: minority. It is unfair, and it has no votes and as long as they have at least place in the process we use to confirm 41 votes against cloture. Never before This filibuster comes at a time when there are all sorts of pressing issues before the na- judges. has an appellate court nominee—or any tion. The tactic has no excuse. . . . If liberals Last week, I noted that some of my lower court nominee, for that matter— in the Senate think conservatives will spell Democratic colleagues were not always been defeated through a filibuster. the end of civilization if they become judges, so eager to use a filibuster to prevent a If this filibuster is successful, if Mr. they can vote against Estrada. Keeping oth- vote on judicial nominations. Estrada’s nomination is denied a vote, ers from voting their consciences on this

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2624 CONGRESSIONAL RECORD — SENATE February 25, 2003 particular matter is more than slightly rep- But in the best of times, such a request tion. The tactic has no excuse (although rehensible. would be out of line, and these are closer to there are explanations, such as a Democratic The Bangor Daily News in Maine the worst than to the best for the nomina- fear that Estrada would be in line for a Su- wrote that the Democrats: tion process. If the memoranda were to be preme Court nomination if he gets this other used as an honest beginning to a discussion judgeship first). If liberals in the Senate are mistreating a fellow citizen through of Ms. Estrada’s legal views, there might be think conservatives will spell the end of civ- the same means they fear an unqualified some justification for releasing the docu- ilization if they become judges, they can judge would employ: using their authority to ments that would normally be considered vote against Estrada. Keeping others from harshly punish someone on ideological privileged. voting their consciences on this particular grounds. It is unfair no matter which party One suspects that’s not the role the Demo- matter is more than slightly reprehensible. does it and it is harmful to the working of crats have in mind for the memoranda. They the Senate. probably hope to expose Mr. Estrada’s con- [From the Bangor Daily News, Feb. 19, 2003] Well, amen to that. servative views, which no one doubts he VOTING ON ESTRADA holds, in hopes of defeating the nomination The Providence Journal-Bulletin in George Washington took office April 30, Rhode Island said: or at least scoring some political points. The two parties have been allowing their 1789, but the Senate waited until Aug. 5 of The point about Miguel Estrada is not that political battles over judicial nominees to that year to reject one of his nominees— he may or may not harbor conservative judi- escalate since Robert H. Bork’s nomination Banjamin Fishbourn of Georgia, one of 102 cial opinions. The point is that he is an in- to the U.S. Supreme Court in 1987. One sus- appointments submitted by President Wash- spiring American success story, a brilliant pects that Republicans, if they were in the ington to become collectors, naval officers scholar, a distinguished public servant, and minority, would have done the same with the and surveyors of seaports. The Senate thus an outstanding lawyer. For Senate Demo- Estrada nomination. The parties need to de- established the use of its authority for ad- crats to talk down his nomination is not just escalate. vise and consent and simultaneously dem- embarrassing, but outrageous. A first step would be to not filibuster onstrated that no appointment is too minor The Grand Forks Herald in North Da- nominations like this one of a well-qualified to fret over. kota wrote in an editorial entitled nominee. He’s distinctly an American suc- Just before they left for vacation last ‘‘Stop the Filibuster’’ that Senate cess story, having immigrated from Hon- week, Senate Democrats had begun what they say will be an extended filibuster of the Democrats ‘‘should back off and let the duras, gone to Columbia and Harvard and served as a clerk to a Supreme Court justice. nomination of Miguel Estrada, nominated in Senate vote.’’ May 2001 by President Bush to become U.S. The Chicago Sun-Times asked: Democrats, or Republicans when they are in the minority, may fairly make things circuit judge for the District of Columbia [W]ho can look at the spectacle of the tough on a nominee in committee or on the Circuit. The Democrats say they do not have 108th Congress and not believe that both jus- Senate floor, in order to fashion nominations enough information about the nominee and tice and the basic operation of the Nation is more to their liking. But the process has to cannot persuade him to talk sufficiently being sacrificed on the altar of ugly, obstruc- stop at some point. It’s one of advice and about his judicial philosophy so cannot allow tionist, partisan politics? consent, not advise and confront. a vote. They continued: This lack of information, however, has not Our legal system cannot and must not be [From the Redding Record Searchlight, Feb. stopped conservative groups from strongly held hostage to political nitpicking. 15, 2003] supporting the nomination and liberal groups from strongly opposing it. They know The Rochester, NY, Democrat and SENATE LIBERALS SHOULD NOT FEAR VOTE FOR JUDGE enough to choose a position, as do the Demo- Chronicle opined: Miguel Estrada is—oh no, oh no, can it crats, who actually mean by insufficient in- Yet another fight over a judicial nominee be?—a conservative, and if that makes your formation that they would like to reject a should not descend to filibuster. heart pound with fear, you may very well be Bush nominee but were hoping to find a larg- The Detroit News wrote: a Democrat serving in the Senate. You would er reason for doing so than the fact that Mr. Estrada apparently supports strong anti-loi- Estrada should have his nomination put up then be among those trying to thwart tering laws, to the detriment of migrant for an ordinary vote, as have all of his prede- majoritarian decision-making with a fili- workers. cessors. If he loses, fair enough. But a filibuster, there being no chance that an honest Democratic Sen. Harry Reid of Nevada a buster would signal an unreasonable posture vote will go your way. couple of weeks ago quoted comments his by Democratic Senators that could have It’s irresponsible and an outrage, this Republican colleagues offered during the long-term—and damaging—consequences for hysteria being acted out by the Democrats Clinton administration on the requirement how business is conducted in the U.S. Sen- to keep Estrada from serving on the U.S. that the Senate ‘‘do what it can to ascertain ate. Court of Appeals for the District of Colum- the jurisprudential views a nominee will Mr. President, I ask unanimous con- bia. But the Democrats do have their ex- cuses, each more petty and pathetic than the bring to the bench,’’ to use an example from sent that these and other editorials next. Republican Sen. Orrin Hatch of Utah. (Sen. from newspapers across the Nation One excuse is that they just don’t know Reid also offered numerous precedents in condemning the filibuster of Mr. enough about this fellow, but there is a life which memoranda of the sort Mr. Estrada Estrada’s nomination be printed in the history here, and a rather amazing one: wrote while advising the solicitor general have been made public, as they have not RECORD. Estrada immigrated to this country from There being no objection, the mate- Honduras, graduated with honors at Colum- with this nomination.) Sen. Reid’s point, of course, is that if this behavior was accept- rial was ordered to be printed in the bia College, was editor of the Law Review at Harvard Law School, was a clerk to a Su- able for Republicans it ought to be accept- RECORD, as follows: preme Court justice, has argued before the able for Democrats. But for the public, it is [From the Press-Enterprise, Feb. 18, 2003] Supreme Court 15 times, has done pro bono not acceptable in either case. The process of filling a vacancy in the fed- work for a down-and-outer and has received The Senate has a long history of rejecting eral judiciary is a political one. The Found- the highest possible recommendation of the presidential nominations, from Cabinet ap- ing Fathers placed it into a political area. American Bar Association. pointments right down to surveyors of sea- The president nominates and the Senate con- Well, but the administration won’t hand ports. Democrats, having drawn out this firms—or doesn’t—but that doesn’t mean over memos he wrote when he was in the so- nomination for maximum political effect, anything goes. licitor general’s office, say the Senate Demo- now face the questions of backlash for ap- The Democrats’ tactic employed last week crats. It apparently does not matter to them pearing to beat up a nominee. More impor- of filibustering the nomination of Miguel A. that publicizing them could rob future tantly, they are mistreating a fellow citizen Estrada to the U.S. Court of Appeals for the memos of their candor and that every former through the same means they fear an un- District of Columbia Circuit is an anything- solicitor general of either party has said the qualified judge would employ: using their au- goes strategy that ought to be abandoned. Democrats seek too much. thority to harshly punish someone based on However, with 49 Democratic senators, they But listen, the Democrats continue, ideological grounds. It is unfair no matter are likely to be able to muster the 41 votes Estrada refused to blab his heart out when which party does it and it is harmful to the needed to maintain a filibuster. he appeared before a Senate committee, as if working of the Senate. What makes the filibuster inappropriate is they did not know that its violates widely The Democrats should consider that the that it is rarely used to block a judicial endorsed principles to indicate beforehand information they have in hand is all they nominee, and Mr. Estrada hardly qualifies as how you as a judge might decide cases that will get and allow, even encourage, a vote. If a target for such a big gun. Yes, he was not could come before you. Estrada did say he the information is insufficient, they should completely open with members of the Judici- would be an impartial judge loyal to the law. vote no and see if they can round up enough ary Committee when he appeared, and Demo- On other topics—his broad political views— votes to block the nomination. If it is suffi- cratic senators are frustrated by the White he was relatively quiet, which is fine. cient and they have no substantial questions House’s refusal to release to them memo- This filibuster comes at a time when there about Mr. Estrada’s abilities, they should randa he wrote as solicitor general. are all sorts of pressing issues before the na- vote yes even if they do not agree with all of

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2625 his politics. But the filibuster should end for the minority party to have its way. That President Bush called the Democratic ap- this week with the congressional recess. method is the filibuster. Senate Democrats proach ‘‘shameful politics.’’ We are not re- are staging one now against Miguel Estrada, vealing a bias when we agree—the nation [From the Providence Journal-Bulletin, Feb. an appeals court nominee. needs good judges, from both parties, of both 14, 2003] They should back off and let the Senate conservative and liberal outlooks. Our legal THE ESTRADA CASE vote. system cannot and must not be held hostage The decision of Senate Democrats to fili- A filibuster is a delay that can’t be broken to political nitpicking. Estrada deserves to buster the nomination of Miguel Estrada to without a supermajority’s consent. Now, at be the first Hispanic on the U.S. Court of Ap- the U.S. Court of Appeals for the District of times in a democracy, a ‘‘tyranny of the ma- peals for the District of Columbia, and if his Columbia is unfortunate, to say the least. jority’’ may arise that principled senators nomination in some way helps to break the Democrats are now in the position not only feel they must resist. This isn’t one of those political deadlock keeping critical judge- of turning away a nominee rated ‘‘highly times. Estrada is neither a criminal, nor a ships from being filled, that will be just an- qualified’’ by the American Bar Association, spy, nor a hack whose nomination sprang other accomplishment to add to his record. but of rejecting a onetime Supreme Court from backroom deals where money changed clerk and Honduran immigrant who grad- hands. [From the Rochester Democrat and uated magna cum laude from Harvard Law Just the opposite: He is, by every account, Chronicle, Feb. 7, 2003] School, for political reasons. a living, breathing embodiment of the Amer- THE ESTRADA NOMINATION ican dream. An immigrant from Honduras, The Democratic complaint is that Mr. Yet another fight over a judicial nominee Estrada is a ‘‘stealth conservative,’’ and that Estrada spoke little English when he came to the United States at age 17. Yet, he grad- should not descend to filibuster. his responses in committee hearings were in- The oft-heard scuttlebutt around Wash- uated with honors from Harvard Law School, sufficient to reveal his political opinions. To ington is that Congress is a far less conge- clerked for a Supreme Court justice and that end, Minority Leader Tom Daschle (D.– nial place now than 20 years ago. Partisan- built an honorable and exemplary career. S.D.) and his colleagues have demanded not ship, once a coin of the realm, is today the only supplementary detailed responses to po- He’s also a judicial conservative. And if there’s one thing that drives some Demo- only currency that matters. litical inquiries, but also Mr. Estrada’s con- The truth of that troubling assessment fidential memoranda written while he was an crats berserk, it’s a person from an ethnic minority background who strays from the shows most tellingly in the drag-out fights assistant solicitor general. Every living so- over judicial nominees. It used to be that the licitor general, Democratic and Republican, party line. That’s why the Democrats are filibus- opposing party, once in power, would get its has gone on record to oppose this unwar- appointments. No longer. ranted intrusion into the deliberative proc- tering. That’s why they’re holding up matters of real-life war and peace. That’s why Led by Sen. Chuck Schumer, Senate Demo- ess in the Justice Department. And the Bush crats, who narrowly lost a Judiciary Com- administration has been correct to resist they’re thwarting the majority’s will and asserting an anti-democratic veto power on a mittee vote on U.S. Court of Appeals nomi- Democratic demands. nee Miguel Estrada, are threatening a fili- Make no mistake: Senate Democrats are matter of congressional routine. And that’s why they ought to back off. buster to prevent a floor vote on the nomina- worried that President Bush might nominate tion. Estrada’s sin? He was unresponsive to conservative lawyers and jurists to the fed- Because frankly, those reasons are politics, nor principle. And politics isn’t enough. the committee’s questions regarding past eral bench. But that is no reason to reject a causes and other issues. highly qualified nominee. Just as Bill Clin- [From the Chicago Sun-Times, Feb. 14, 2003] It’s a smokescreen. The Democrats know ton appointed judicial liberals to the federal Estrada’s legal record, and it’s a good one. bench—including three Supreme Court jus- WHEELS OF JUSTICE CAUGHT IN WASHINGTON To suggest tha the needed to answer the tices—it stands to reason that Mr. Bush will GRIDLOCK, AGAIN questions to establish his credentials is dis- nominate conservatives. ‘‘The time has come for the U.S. Senate to ingenuous. There’s more than enough known The process is called democracy. Demo- stop playing politics with the American judi- about Estrada for an up-or-down floor vote. crats may not like the results of the 2000 cial system. So bad has the situation become A filibuster could make partisanship his- presidential election, but their recourse is to that some Americans wonder whether justice tory—never before has the Senate prevented win back the White House in 2004, not to sub- is being hindered . . .’’ So began an editorial a lower-court confirmation via filibuster. ject distinguished nominees like Miguel on this page five years ago, during the now- The Democrats have a duty to ask tough Estrada to political torture. distant days of the Clinton administration, questions and to base their votes on the an- And after all, judicial nominations are for when Senate Republicans were stonewalling swers, or lack of them. But they also have a life, and no president can be clairvoyant. judicial nominees from a Democratic presi- duty to live by the final tally—not delay its When Franklin Roosevelt nominated Felix dent. taking with divisive filibuster. Frankfurter for the Supreme Court in 1939, We mention it because the party in power he had no idea that Justice Frankfurter tends to scream about efficient government, [From the Detroit News, Feb. 10, 2003] would evolve into one of the court’s leading while the party out of power complains U.S. SENATE SHOULD FORGET JUDICIAL conservatives. And when the first George about failure to follow procedure. To quote CANDIDATE FILIBUSTER Bush nominated David Souter for the court Shakespeare, ‘‘A plague on both their in 1989, he might have changed his mind if he houses.’’ The only update we’d make in the IT’S TIME TO END VENDETTAS AND REVENGE IN had known that Justice Souter would be- opening quote is to change ‘‘some Ameri- JUDICIAL NOMINATIONS come one of the court’s reliable liberals. cans’’ into ‘‘many Americans’’ or even ‘‘most U.S. Senate Democrats’ threat to filibuster The point about Miguel Estrada is not that Americans.’’ For who can look at the spec- President George W. Bush’s nomination of he may or may not harbor conservative judi- tacle of the 108th Congress and not believe Miguel Estrada to the U.S. Court of Appeals cial opinions. The point is that he is an in- that both justice and the basic operation of in Washington, D.C. would further poison an spiring American success story, a brilliant the nation is being sacrificed on the altar of already badly damaged judicial nomination scholar, a distinguished public servant and ugly, obstructionist, partisan politics? process. an outstanding lawyer. For Senate Demo- After dragging their feet on shifting com- Both parties share the blame for the crats to talk down his nomination is not just mittee chairmanships and the routine oper- wrecked process. But Senate Democrats are embarrassing, but outrageous. ations of the nation’s business, Senate now engaging in revenge for bad GOP behav- Democrats, though in a minority, are threat- ior in the second term of former President [From the Grand Forks Herald, Feb. 15, 2003] ening to filibuster over the confirmation of Clinton, when Republicans stalled votes on a EDITORIAL: STOP THE FILIBUSTER Miguel Estrada, a Washington lawyer who number of his nominees, ultimately derail- Our View: Senate Democrats should let seems eminently qualified for the federal ap- ing them when Bush gained the presidency. Miguel Estrada’s name come up for a floor peals bench in every way except for his alac- Until the GOP regained the Senate last No- vote. rity to answer questions about his opinions vember, they tied up a number of Bush nomi- There are two responsible ways for Senate on legal matters that have not yet been pre- nations in committee. Democrats to keep conservative lawyers off sented to him, such as the issue of abortion. Now, the Democrats have a chance to rise of the federal bench. The entire idea behind disabling the busi- above partisan political hackery and end this The first is for Democrats to regain a ma- ness of the nation is so that the blame for stupid game. Instead, they are seriously con- jority in the Senate. The second is to con- whatever bad situation we find ourselves in sidering making the situation worse. vince a few Republicans to vote against come election 2004 can be laid at the feet of Miguel Estrada is a well-regarded native of those nominees on the floor. Both of those the Republicans, since they are in power. Honduras who served in the office of U.S. so- methods use politics’ most-respected and But the Democrats forget that, if they man- licitor general under both former Presidents time-honored technique: persuasion—per- age to torpedo the Republican agenda, then Clinton and George H.W. Bush. The solicitor suading voters in the first case, colleagues in the Republicans are not really fully in general represents the U.S. government be- the second, of the strength and power of your power, and whatever problems are certain to fore the Supreme Court. argument. come are the fault of both parties. And ob- Estrada has personally argued 15 cases be- In the U.S. Senate, however, there’s also a structionism hurt Democrats in last Novem- fore the nation’s highest court. He has been coercive and borderline-irresponsible method ber’s voting. unanimously rated ‘‘well-qualified’’ by the

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2626 CONGRESSIONAL RECORD — SENATE February 25, 2003 American Bar Association—which Senate Mr. President, I have additional re- scendants of the Scotch-Irish who were Democrats declared would be the ‘‘gold marks, but I notice the distinguished driven out of Northern Ireland by the standard’’ by which they would assess judi- Senator from Georgia is here. I note Stuart Kings. They landed in Maryland cial nominees when they controlled the Sen- ate. that he wants to give some remarks and Virginia and migrated westward as Estrada’s nomination was one of those bot- and I am happy to interrupt my re- far as the hostile Indians and French tled up in committee. With the GOP in con- marks for that purpose. I know he has would allow, and then moved south- trol, his nomination has now been voted out an important message he would like to ward into the heart of a region of rug- to the Senate floor. The nomination is draw- give. I am happy to interrupt my re- ged mountains and beautiful valleys we ing more than the usual interest because marks for him. now know as Appalachia. Estrada, 42, is considered a strong possibility The PRESIDING OFFICER. The Sen- for eventual nomination to the U.S. Supreme They were accompanied and followed Court by President Bush. ator from Georgia. by the Huguenots, Pennsylvania Quak- Senate Democrats are deciding just how Mr. MILLER. Mr. President, I ask ers, Palatine Germans, and various dis- much they want to obstruct the president’s unanimous consent to proceed in morn- satisfied Protestant sects. nominees. A filibuster can only be broken by ing business as in legislative session 60 votes—9 votes more than is usually re- for 15 minutes. These mountain people were the very quired for a nominee to be approved. Report- The PRESIDING OFFICER. Without first Americans to fall back on their edly, a filibuster has never before been used objection, it is so ordered. own resources as they settled in isola- to block an appointment to the U.S. Court of tion from the remainder of the Nation HILLBILLIES Appeals. and the world. Democrats complained that Estrada, dur- Mr. MILLER. Mr. President, I rise ing his committee hearings, declined to tell this morning—and I appreciate the Their language, customs, character, them his positions on particular issues. It is generosity of the Senator from Utah possessions, knowledge, and tools were a violation of the canons of judicial ethics and the Senator from Vermont in giv- isolated with them and suspended in for potential judges to do that. ing me this opportunity—to get sometime, an unchanging microcosm of Democrats also demanded that he produce early American thought, culture, and his memos and recommendations while he thing off my chest. was in the solicitor general’s office—which CBS Television is currently planning mores. had never been done for any other candidate what that great company calls ‘‘a hill- These mountaineers possessed the who had been an assistant in that office. The billy reality show.’’ I would like to say qualities that formed the fundamental demand was rejected not only by Estrada, a few words about that as a Senator elements of pioneer American char- but by every former solicitor general still who happens to be a hillbilly. acter: love of liberty, personal courage, living, including those who served Demo- I can call myself that, Mr. President, cratic presidents. a capacity to withstand and overcome The level of obstruction his nomination but please don’t you call me that, for hardship, unstinted hospitality, in- has faced has been truly extraordinary. ‘‘hillbilly’’ is a term of derision that tense family loyalty, innate humor, Michigan Sens. Carl Levin and Debbie Stabe- was first coined in April of 1900 when and trust in God. now—who are running their own vendetta in the New York Journal had an article It could be said that if they had one blocking four Bush nominees to the Court of on ‘‘Hill Billies’’ with this description: Appeals in Cincinnati—shouldn’t be a part of overriding characteristic, it would A free and untrammeled white citizen who have to be independence. They devel- it. That would be an insult to their Hispanic lives in the hills, has no means to speak of, constituents. talks as he pleases, drinks whiskey when he oped as extreme, rugged individualists Estrada should have his nomination put up gets it and fires off his revolver as his fancy who never closed their doors, had infor an ordinary vote, as have all his prede- strikes him. herent self-respect, were honest and cessors. If he loses, fair enough. But as fili- shrewd, knew no grades of society, and buster would signal an unreasonable posture The description has not improved by Democratic senators that could have very much over the past 100 years. had unconscious and unspoiled dignity. long-term—and damaging—consequences for White minstrel shows depicting these They were utterly without pretension how business is conducted in the U.S. Sen- ignorant creatures played to laughing or hypocrisy. ate. audiences in New York and Chicago in When the Civil War came along, it Mr. HATCH. I agree with these news- the 1920s and 1930s. was this area of the Mountain South papers that the perpetuation of this fil- After a man named Al Capp saw one, that opposed secession, for there were ibuster against Mr. Estrada’s nomina- he dreamed up the comic strip ‘‘Li’l no vast plantations in the mountains tion is extremely unfair. It is unfair to Abner’’ who lived in a place called of the South and very few slave owners the majority of the Members of the Dogpatch with a mama who smoked a among those poor people. Some even Senate who stand prepared to vote on pipe and a girlfriend named Daisy Mae fought on the side of the Union, with Mr. Estrada’s nomination. It is cer- who ran around barefooted and half families sometimes divided over that tainly unfair to Mr. Estrada, whose life naked. It was a riot, and it made Al terrible conflict. is in limbo while the Senate engages in Capp a fortune. Later, when the wars of the 20th cen- its endless debate. It is unfair to the A short time later, Snuffy Smith, a tury came along, it was the families in American people, who have a justified wife abuser with his ever-present jug of the mountains of the South who sent a expectation that the Senate will vote moonshine, also appeared in comic disproportionate share of their young on Mr. Estrada’s nomination and move strips around the Nation. Then came men who volunteered to fight in dis- on to debate and consider other impor- Ma and Pa Kettle in the movies and tant lands, far away from their peace- tant business. the Beverly Hillbillies on television. ful valleys. The solution is not to protract de- Even the contemporary poet and au- bate, upon which some of my Demo- thor James Dickey has contributed to When this country was threatened to cratic colleagues insist. The solution is this false image of mountain people by be torn apart over Watergate, it was not to go on a fishing expedition for portraying them as depraved cretins in two great Members of this Senate from privileged, confidential memoranda his popular book and movie ‘‘Deliver- opposite parties but the same part of Mr. Estrada once authored on appeal ance.’’ the country who helped keep this Na- recommendations, certiorari rec- My neighbors and I have lived with tion on an even keel: Democrat Sam ommendations, and amicus curiae rec- this ridicule and overdrawn stereotype Ervin from the mountains of North ommendations. The solution is not to all of our lives, as did our parents and Carolina and Republican Howard Baker demand answers to questions that Mr. their parents before them. My roots from the mountains of Tennessee. Estrada already addressed when the run very deep in the Appalachian I am very pleased and proud that Senate was under Democratic control. Mountains of North Georgia where I these are my people, and I find that The solution is for Senators to vote on was born and raised and always have one of the great ironies of history is Mr. Estrada’s nomination. Vote for made my home. It is where my chil- that while the cowboy, another type of him or vote against him. Do what your dren, grandchildren, and great grand- frontiersman, has been glorified, the conscience dictates. Just vote—exactly children live today. mountaineer—the first frontiersman— what the Washington Post has called My ancestors were among the very has been ridiculed and caricatured in upon us to do. first mountain settlers. They were de- the image of a Snuffy Smith.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2627 Why am I going into all of this? Be- That was Washington’s dream for this everybody knows, especially those of cause now in the 21st century—the en- country. us like the distinguished Presiding Of- lightened 21st century—there are plans What CBS and CEO Moonves pro- ficer, who have practiced law, becom- underway for a new hillbilly minstrel posed to do with this Cracker Comedy ing a Federal judge for a lifetime is a show using the same old stereotype, is ‘‘bigotry’’ pure and simple. Bigotry privilege. It is not a right. denigrating, laughing at, and ridiculing for big bucks. They will deny it. They No nominee should be rewarded for this group of people. will say it is just harmless humor. But stonewalling the Senate and the Amer- CBS calls it a reality show—CBS, the they know better and they feel safe. ican people. The Constitution directs once proud and honorable broadcasting They know the only minority left in Senators to use its judgment in voting company that brought us Edward R. this country that you can make fun of, on judicial nominees. It does not direct Murrow and that unforgettable pro- demean, humiliate, put down and hard- them to rubberstamp. It says ‘‘advise gram of his, ‘‘The Harvest of Shame.’’ ly anyone will speak up in their de- and consent,’’ not advise and In the sixties, brave and courageous fense are hillbillies in particular and rubberstamp. CBS reporters risked their lives to poor rural people in general. You can During the 17 months that the Demo- cover the civil rights struggles in the ridicule them with impunity. crats were in control of the Senate, we South, and for decades, CBS’s ‘‘60 Min- Can you imagine this kind of pro- confirmed a record 100 of President utes’’ has set the standard for all of gram being suggested that would dis- Bush’s judicial nominees. Interestingly television. But today in this money- respect an African American family or enough, no judicial nominees of Presi- grubbing world, CBS, it seems, has be- denigrate a Latino family? Years ago, dent Bush’s had been confirmed up to come just another money-grubber. the program Amos and Andy was re- mid-July when I took over as chairman It is now part of the giant Viacom. moved from television—as it should of the committee. Within 10 minutes of CBS has a CEO named Mr. Les have been—because it was in poor taste taking over as chairman of the com- Moonves, the man who is pushing this and made fun of a minority. mittee, I called the first confirmation program-to-be; a man who obviously In this wonderful and diverse country hearing, and in 17 months we set a believes that network television is an today, one of every six Americans record of moving nominations. We cer- ethics-free zone and that it is accept- speaks some other language other than tainly acted faster, and I believe more able for big profits to always come English in their homes. In my home fairly, than the Republicans did for ahead of good taste. State of Georgia, their number has President Clinton. I do not know Mr. Moonves, but from more than doubled in the past decade. President Bush also has proposed sev- his actions, it seems he is a person who I believe that may be the largest in- eral controversial nominees like cares little about human dignity and crease in the Nation. Miguel Estrada. They divide the Amer- believes television has no social re- From the red clay hills of Georgia to ican people and the Senate. The Presi- sponsibility. I suppose we should not be the redwood forests of California, all of dent, of course, could easily end this surprised, for his ilk have been around us are struggling to answer the simple impasse. I hope he will act to give Sen- long before the creators of Li’l Abner question: Can’t we all get along? ators the answers they need to make and Snuffy Smith. Since the beginning And that daunting challenge, can’t informed judgments about this nomi- of civilization, there have always been we live our lives as if we are all created nation. That was suggested by one of some Homo sapiens who, it seems, had equal? All of us: we eat, we sleep, we the most distinguished and senior Re- to have someone to look down upon, have strengths and weaknesses; we publican Members of this Senate. So some group to feel superior to. For this have dreams and anxieties. A tear far it has been rejected by the White kind of person, it is as basic to their knows no race, no religion, no color. A House. I hope they will reconsider. The human nature as the drive to reproduce tear has no accent. We all cry in the President can also help by choosing or the urge for food and water. They same language. mainstream judicial nominees who can were there in the time of the Greeks. Many years ago, the rabbis were unite instead of divide the American They were there in the time of the Ro- asked why was it that in the beginning people. mans. They can be found all through God created just one man, Adam, and Unfortunately, the White House the Bible. That is what the parable of one woman, Sa-ba, or Eve. Surely, God seems to have this attitude that they the Good Samaritan is all about. could have created multitudes. should divide and not unite, and I Jesus was very concerned about how The rabbis answered that only one think that is a mistake. One of the un- the rejects of society were looked down man and one woman were created to fortunate aspects of the President’s de- upon and warned us about ‘‘a haughty help us all remember that we all came termination to pack the Federal courts spirit’’ and an ‘‘unkind heart.’’ from the same mother and father. So with extreme conservatives is a divi- Shakespeare wrote about them as did no one should ever say, ‘‘I’m better sion that the nomination of Miguel Dickens and Steinbeck and Faulkner. than you, ‘‘and no one should ever feel, Estrada has caused among Hispanics. And songwriter Merle Haggard, who ‘‘I’m less than you.’’ Rather than nominate someone whom knew personally how it felt, wrote that CBS, Viacom, Mr. Moonves: I plead all Hispanic Americans would support, memorable line ‘‘another class of peo- with you to call off your hillbilly hunt. the President has chosen to divide ple put us somewhere just below, one Make your big bucks some other way. rather than unite. The White House’s more reason for my mama’s ‘‘Hungry Appeal to the best in America not the ideological litmus test has motivated Eyes.’’ worst. Give bigotry no sanction. the President to select another highly This country was not meant to be For no one—not even a rich and pow- controversial nominee rather than a this way. We are supposed to be better erful network like CBS—should ever consensus nominee. than that. More than two centuries use the airwaves of this Nation to say Over the last several days, the divi- ago, Moses Sexius was the warden of to one group of people in God’s image, sion within the Hispanic community the Hebrew Congregation of Newport, ‘‘We’re better than you.’’ has been the subject of a number of RI. And no one, Mr. Moonves, no one news reports. On February 14, the He wrote hopefully to the President should ever be made to feel, ‘‘they’re Washington Times ran a front page of this new Nation of his delight at the less than you.’’ story quoting a statement for the Na- birth of a government ‘‘which to big- I yield the floor. tional Council of La Raza noting that otry gives no sanction, to persecution The PRESIDING OFFICER. The Sen- since the Latino community is clearly no assistance, but generously affords to ator from Vermont. divided on the Estrada nomination, we all liberty of conscience.’’ Mr. LEAHY. Mr. President, I thank find the accusation that one side or an- That new President, George Wash- the Senator from Georgia for his com- other is anti-Latino to be particularly ington, wrote back. ments. divisive and inappropriate. Here is a copy if the letter affirming The Senator from Utah has spoken The division was likewise noted in that the Government of the United and will be coming back, and so I am the Boston Globe on February 15, in a States ‘‘would give to bigotry no sanc- going to speak about the Estrada nomi- story by Wayne Washington. And on tion, to persecution no assistance.’’ nation, the matter at hand. I say what February 20, the Washington Post

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2628 CONGRESSIONAL RECORD — SENATE February 25, 2003 noted the division in a story by Darryl an assistant to the solicitor general during [From the Washington Post, Feb. 20, 2003] Fears. the Clinton administration. Currently, he is FOR HISPANIC GROUPS, A DIVIDE ON ESTRADA I ask unanimous consent that some a partner in the Washington office of Gibson, POLITICAL, GEOGRAPHIC FAULT LINES EXPOSED Dunn & Crutcher. of the articles on this issue be printed His ethnicity and academic and legal (By Darryl Fears) in the RECORD. record have been enough to win the support When he spoke in support of federal judi- There being no objection, the mate- of some Latinos, while critics maintain that cial nominee Miguel Estrada at a recent rial was ordered to be printed in the Estrada, a member of the conservative Fed- news conference, Jacob Monty masked his RECORD, as follows: eralist Society, has not clearly spelled out harsh criticism of opponents in Spanish. He said Latinos who are fighting against the [From the Boston Globe, Feb. 15, 2003] his judicial philosophy. He clerked for Jus- tice Anthony M. Kennedy, a member of the Bush administration’s choice for a judgeship LATINOS BITTERLY DEBATE ESTRADA conservative majority on the Supreme on the U.S. Court of Appeals for the District NOMINATION Court. of Columbia Circuit ‘‘no tienen vergu¨ enza’’— (By Wayne Washington) ‘‘That Miguel Estrada is of the Hispanic have no shame. WASHINGTON.—President Bush’s nomina- culture counts far more than the fact that he That comment by Monty, a former chair- tion of Miguel Estrada for a federal judge- is a Republican or a Democrat,’’ said Tina man of the Texas-based Association for the ship has exposed sharp divisions among Romero-Goodson, a social service official in Advancement of Mexican Americans, was Latinos, who are weighing the possibility of New Mexico. ‘‘What weighs heavily with me just one shot in a bitter war of words that having one of their own on a fast track to is that he is Hispanic and will have far more has divided Latino politicians and civil the US Supreme Court against a fear that in common with me and mine than a Demo- rights organizations in ways rarely seen. the minority group’s interests could be cratic Anglo or African-American can- It followed one fired by Rep. Robert harmed if the Senate confirms that the con- didate.’’ Menendez (N.J.), a member of the Demo- servative lawyer of Honduran descent. Representative Robert Menendez, Demo- cratic Congressional Hispanic Caucus, which In the divisive intra-ethnic battle, some crat of New Jersey, said Estrada ‘‘shares a opposes the nominee. ‘‘Being Hispanic for Latinos have challenged Estrada’s allegiance surname’’ with Latinos but has done little to us,’’ Menendez said, ‘‘means much more than to the Hispanic community, an accusation help them. having a surname’’—a statement his critics that others have sharply criticized. Each ‘‘Mr. Estrada said he is unfamiliar with understood to imply that Estrada is not side has at times accused the other of being cases that are important to our commu- ‘‘Hispanic enough.’’ The name-calling has reminded some ob- anti-Latino. The debate has gotten so nasty nity,’’ Menendez said. ‘‘He has said that his servers of the bitterness among African on Spanish-language television and over the being Hispanic would be irrelevant to his Americans during the Senate confirmation Internet that this week the National Council role as a judge. I don’t want it to be irrele- hearing for Supreme Court Justice Clarence of La Raza, a Latino group that says it is vant, and neither does the community.’’ Thomas—a hearing that Thomas, a conserv- neutral on Estrada’s nomination, called for That stark call to ethnic solidarity out- ative black man, likened to a lynching after both sides to tone down their language. rages other Latinos. liberal activists persuaded Anita Hill, a ‘‘We urge those who are engaging in name- ‘‘I think it’s just shameful,’’ said Robert G. former assistant, to come forward with sex- calling and accusatory language to instead de Posada, president of Latino Coalition, a ual harassment allegations against him. focus on the substantive issues and merits of nonprofit Washington-based policy group. Latino activists have differing perceptions this nomination,’’ the group said in its state- ‘‘There is no other way to describe it.’’ De Posada said Menendez and other con- of who Estrada is and what kind of judge he ment. ‘‘Since the Latino community is clear- gressional Democrats are trying to portray would be. ly divided on the Estrada nomination, we Estrada as a well-off lawyer ‘‘who never had Estrada’s supporters say is a Latino suc- find the accusation that one side or another a problem in his life.’’ cess story, immigrating as he did from Hon- is ‘anti-Latino’ to be particularly divisive Of Menendez, de Posada added: ‘‘He’s a duras at age 17 and going on to graduate and inappropriate.’’ Cuban-American who looks completely from Columbia College at Columbia Univer- Estrada’s nomination to the Court of Ap- white. I wonder: Has he faced the racism and sity and Harvard Law School, and clerking peals for the District of Columbia has been isolation that other Hispanics have faced? for Supreme Court Justice Anthony M. Ken- endorsed by the Hispanic Bar Association, Can you challenge his Hispanic-ness? I would nedy. He is now a partner with the District US Hispanic Chamber of Commerce, the never do that. He’s a success story. But so is law firm of Gibson, Dunn & Crutcher and a Latino Coalition, and the League of United Miguel Estrada.’’ nominee for a judgeship on what is consid- Latin American Citizens, which is com- Pierre M. LaRamee, acting president of the ered the nation’s second most powerful court parable to the NAACP. Opposed are the Puerto Rican Legal Defense and Education because it has jurisdiction over all appeals Mexican American Legal Defense and Edu- Fund, said Republicans have attempted to regarding federal regulatory agencies. cation Fund, the Puerto Rican Legal Defense portray Estrada as ‘‘a Latino Horatio Opponents question whether Estrada ap- and Education Fund, and the Congressional Alger.’’ That portrayal, LaRamee argues, preciates the interests of poor people—his Hispanic Caucus, whose members are Demo- makes it proper to question just how rep- family came from the Honduran elite—and crats. resentative he is of Latino communities. say his conservative politics would color his Bush nominated Estrada in May 2001, but ‘‘He didn’t come from a poor, disadvan- decisions on the bench. They say Estrada has Senate Democrats blocked his approval. This taged background,’’ La Ramee said. ‘‘He a low regard for hard-won civil rights protec- week, they stalled the nomination by threat- came from a background of relative privi- tions that benefit Latinos. ening a filibuster. Estrada, 42, would be the lege. Of course, that’s nothing negative Ideological wars over federal judicial nomi- first Latino on the D.C. Appeals Court, where about Miguel Estrada. He’s been successful. nations are nothing new, but the fight six of the nine justices currently on the Su- . . . We’d rather have a non-Latino judge among Latinos offers a small window on how preme Court once served. Only 12 of the 154 who we believe would be a better judge.’’ what will soon be the nation’s largest ethnic judges on federal appeals courts are Latinos; Supporters point out that Estrada did pro minority is divided by ideology and geog- one has never served on the nation’s highest bono legal work on antiloitering laws that raphy. court. some Latino community group leaders be- Of the Latino community’s three most in- Some observers have compared the volatile lieve led to the harassment of black and fluential groups, each has taken a different debate to dissension among African-Ameri- Latino men. position on Estrada’s nomination. The cans when President George H.W. Bush nom- Latinos who are not of Mexican-American League of United Latin American Citizens, inated Clarence Thomas—then a member of descent have said Estrada would get more based in Texas, supports it; the Mexican the D.C. Court of Appeals—to the Supreme support from Latinos if he were part of it. American Defense and Educational Fund, in Court. Mexican-Americans are the largest subgroup California, opposes it, and the National ‘‘There are similar fault lines,’’ said Lisa of Latinos in the United States. Council of La Raza, in Washington, has re- Navarrete, spokeswoman for the National ‘‘There’s a dirty little secret in the His- mained neutral. Council of La Raza, a nonprofit Hispanic panic community,’’ said Jennifer Braceras, a The fuse for the current debate was lit in group that fights poverty and discrimina- member of the U.S. Commission on Civil June, when members of the Congressional tion. ‘‘Some people said Clarence Thomas is Rights. ‘‘There’s a real intra-Hispanic com- Hispanic Caucus met with Estrada in the African-American and would be the only one munity rivalry. There’s a real feeling in the basement of the Capitol. Rep. Charlie Gon- on the court. He deserves our support. Others Mexican-American community that the first zalez (D–Tex.) said the nominee at first felt that his views would be harmful to the Latino Supreme Court nominee should be looked uncomfortable as he stared at the community. That’s exactly what’s happening Mexican-American.’’ faces of 16 Democrats across the long board- here.’’ Not true, said Marisa Demeo, regional room table. Born in Honduras, Estrada immigrated to counsel for the Mexican American Legal De- ‘‘We wanted to make sure the nominee . . . the United States with his family as a teen- fense and Education Fund. ‘‘It has nothing to appreciates what the court system means for ager, graduated magna cum laude from Co- do with his ethnicity,’’ she said. ‘‘It has to do Latinos,’’ Gonzalez said recently. Estrada lumbia College, and earned a law degree with how he would be as a judge.’’ was not available for comment. from Harvard, where he was an editor of the Democrats are expected to resume their ‘‘We wanted him to give us some idea of Harvard Law Review. He went on to work as filibuster of Estrada’s confirmation when the how the role of a judge impacts minority an assistant US attorney in New York and Senate returns from a recess on Feb. 24. communities, and it just wasn’t there.’’

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2629 Two weeks later, the caucus returned a pervisor Gloria Molina have all spoken Three Democratic members of the Congres- recommendation opposing Estrada’s nomina- publicly about their opposition to this sional Hispanic Caucus and representatives tion to the Senate Judiciary Committee, nomination. from two advocacy groups said lawyer then controlled by Democrats. Latino civil I ask unanimous consent a recent Miguel Estrada, 41, has refused to answer rights groups read the recommendation, then key questions about his position on cases, met among themselves. news account of their statements be his background and other key issues. In October, the League of United Latin printed in the RECORD. ‘‘Ethnic origin is no automatic pass to be- American Citizens (LULAC) voted to support There being no objection, the mate- coming a judge on the federal judiciary, you Estrada. rial was ordered to be printed in the have to be qualified,’’ said Rep. Xavier ‘‘It was just very difficult for us not to sup- RECORD, as follows: Becerra, D–Los Angeles. port the guy, given his impeccable creden- LATINO POLITICIANS SPLIT ON ESTRADA Estrada’s nomination by President Bush tials,’’ said Hector Flores, president of the has been held up in the U.S. Senate Judici- POLITICS: GROUPS APPLAUD, PAN BUSH’S Texas-based group. ‘‘It’s the American ary Committee, with Democrats launching a NOMINATION TO SECOND-HIGHEST COURT IN U.S. dream, rising up from Honduras the way he filibuster to stall a full Senate vote until has. The battle isn’t whether he’s conserv- (By Mike Sprague) Estrada answers more questions and provides ative; it’s that he represents Latinos, wheth- LOS ANGELES.—President Bush’s nomina- documents from his work with the Depart- er we like him or not.’’ tion of Miguel Estrada to the Washington, ment of Justice. Flores said the vote to support Estrada was D.C., Court of Appeals is splitting this area’s Estrada was nominated in May 2001 by overwhelming, but in recent days the Cali- Latino politicians. Bush for a seat on the U.S. Court of Appeals fornia state delegation of LULAC broke On Friday, Los Angeles County Supervisor for the District of Columbia, which has been away from the national group in opposing Gloria Molina and U.S. Rep. Grace Napoli- a steppingstone for three current justices on the nominee. In a Feb. 12 statement, a tano, D–Santa Fe Springs, joined a news con- the U.S. Supreme Court. former president of LULAC, Mario Obledo, ference held by the Congressional Hispanic Estrada, a partner in the law firm that opposed the nominee because of his ‘‘sparse Caucus to denounce Estrada and oppose his worked with Bush during the Florida elec- record’’ on civil and constitutional rights Senate confirmation to the second-highest tion recount, came to the United States at issues, and because he declined to answer court in the United States. age 17 from Honduras. He graduated from questions about his record in Senate hear- ‘‘When this gentlemen came before us, we Harvard Law School in 1986 and has argued ings. asked specific questions and he had very lit- 15 cases before the Supreme Court. LULAC’s overall support was backed by tle offer,’’ said Napolitano, vice chairwoman Republicans have accused Democrats of Monty, the former chairman of AAMA. His of the 20-member caucus. ‘‘He really was a treating Estrada unfairly because he is a assertion that Estrada’s opponents were blank page. This could be our Latino Clar- conservative Hispanic. shameless was broadcast on C–SPAN and re- ence Thomas.’’ Rep. Lucille Roybal-Allard, D–Los Angeles, membered by Flores, who was present. But Assemblyman Robert Pacheco, a Re- said the decision to oppose Estrada’s ap- Monty did not return several calls seeking publican from the City of Industry, who was pointment was not easy. comment. reached by telephone later in the day Friday, ‘‘This was a particularly difficult and dis- President Bush tried to keep up the pres- accused the caucus of taking a partisan appointing decision that had to be made sure yesterday by giving an interview by the stand. given the fact that the Hispanic caucus ac- Spanish-language Telemundo network, and ‘‘They don’t represent the entire Latino tively works long and hard to promote the vigorously urged senators to confirm community,’’ he said. ‘‘I’m very upset with appointment of more Latino judges,’’ she Estrada. the way they’re approaching it, because of said. Sen. Orrin G. Hatch (R–Utah) recently said the partisan nature. The Hispanic caucus decided to oppose that Estrada’s Democratic opponents were ‘‘What an opportunity for the Latino com- Estrada after interviewing him, Roybal- ‘‘anti-Latino,’’ and brought howls from his munity to have someone in that position Allard said. liberal colleagues and from leaders of Latino who has earned his stripes, having risen from ‘‘Unfortunately, he did not satisfactorily organizations across the land. poverty.’’ answer any of our questions with regard to Marisa Demeo, regional counsel for the Los The news conference was held at the Mexi- his experience or sensitivity or commitment Angeles-based Mexican American Legal De- can-American Legal Defense and Edu- to ensuring equal justice and opportunity for fense and Educational Fund, said Hatch cational Fund’s office in Los Angeles. The Latinos,’’ she said. failed to mention three Latinos nominated organization also is opposing confirmation. Rep. Grace Napolitano, D–Norwalk, said for judgeships by the Clinton administration The Senate Judiciary Committee recently Estrada told the caucus that he has not done whom Republican senators opposed. Those approved the nomination, but some Senate any work on behalf of minority organiza- nominations—of Jorge Rangel, Enrique Democrats since then have launched a fili- tions. She said such work was important Moreno and Christine Arguello—were re- buster to prevent a vote. since Estrada ‘‘could be our Latino Clarence turned to President Bill Clinton without a Estrada has served as assistant U.S. solic- Thomas.’’ hearing or vote. itor and an assistant U.S. attorney. The Congressional Hispanic Caucus, which Demeo said LULAC and AAMA back Napolitano said that caucus members had Estrada for cosmetic reasons. ‘‘Because he’s is made up exclusively of Democrats, along interviewed Estrada, and he hadn’t re- with the Mexican American Legal Defense Latino, they would support him,’’ she said. sponded favorably to their questions on ‘‘They’ve been very strong in thinking there and Educational Fund have previously stated whether he had worked with any minority their opposition to Estrada’s appointment. should be a Latino sitting on the D.C. Cir- organizations or on behalf of minorities and cuit, and we say it is important, but not as The California branch of the League of if he had been involved as a volunteer. United Latin American Citizens also said such a cost.’’ Estrada said no to the questions, she said. The cost, she said, would be the weakening Friday it was opposed to his nomination, al- Rep. Lucille Roybal-Allard, D–Los Angeles, of civil rights laws. ‘‘The groups opposing though its national leadership has supported said that Estrada shouldn’t be confirmed to have taken the analysis a step further,’’ Estrada. His nomination also has been sup- the court just because of his ethnic origin. Demeo said. ‘‘We look at the record to deter- ported by the U.S. Hispanic Chamber of Com- ‘‘We have worked very hard to ensure that mine what kind of judge Mr. Estrada would merce. Latinos are nominated to high positions in be.’’ Democrats have sought documents written the country,’’ Roybal-Allard said. ‘‘Just be- MALDEF is supported by the Puerto Rican by Estrada when he worked in the Justice cause someone has a Hispanic surname Legal Defense and Educational Fund, the Department’s Solicitor General’s Office. But doesn’t automatically qualify him for any Southwest Voter Registration Project and White House counsel Alberto Gonzales told position.’’ the Hispanic caucus, among other groups. senators in a letter Wednesday that the ad- ‘‘I don’t know why the administration put Boyal-Allard also denied the caucus was ministration would not release the docu- up Estrada,’’ said Antonio Gonzalez, presi- acting for partisan reasons. ments, which are normally not made avail- dent of the Southwest Voter Registration ‘‘Out of all the nominees, President Bush able. Project. ‘‘He was marked as a right-wing has appointed, this is the first time we have All of the living former solicitors general— ideologue some time ago. Clearly, that is a been opposed,’’ she said. ‘‘We’re opposed to four Democrats and three Republicans—have tactic by the Bush administration . . . not to Miguel Estrada based on his lack of quali- agreed with the White House position, really embrace issues that are important to fications.’’ Gonzales said. Latinos, but to try symbolic measures.’’ Mr. LEAHY. The Congressional His- HISPANIC LAWMAKERS FROM CALIFORNIA Mr. LEAHY. Hispanic lawmakers and OPPOSE BUSH’S COURT NOMINEE panic Caucus, the Mexican American leaders, including Representative XA- (By Paul Chavez) Legal Defense and Education Fund, the VIER BECERRA, Representative LUCILLE Puerto Rican Legal Defense and Edu- LOS ANGELES.—Hispanic lawmakers from ROYBAL-ALLARD, Representative GRACE California stepped up their campaign Friday cation Fund, the California Chapter of NAPOLITANO, Representative ROBERT against the first Hispanic to be nominated the League of United Latin American MENENDEZ, Representative CHARLIE for a spot on an important federal appellate Citizens, Los Angeles County super- GONZALEZ, and Los Angeles County su- court. visor Gloria Molina, and Mario Obledo

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2630 CONGRESSIONAL RECORD — SENATE February 25, 2003 oppose this controversial nomination. I aged only 39 confirmations per year especially proud of a man whose political am sure they do so out of principle. I during their six and one-half years of friends—the ones fighting hardest to put him know they do not relish opposing this control of the Senate. But I set the on the court—are also fighting to abolish af- nomination. These are organizations, same test. Sometimes to satisfy myself firmative action and to make it harder if not impossible for federal courts to protect the individuals who have devoted their of the test I had to go to a hearing that rights and safety of workers and women and lives to improving the lives of Hispanic lasted sometimes a day long to be sure. anyone with little power and only the hope members. They worked for decades to You have a conservative, I want to be of the courts to protect their legal rights. increase representation of Latinos on sure they will be fair and not too much Just as we resist the injustice of racial the courts of our country. of an ideologue; the same way I did profiling and the assumption that we are It is because of the history and dedi- when I believed someone was too lib- lesser individuals because of where we were cated efforts and deep-seated commit- eral and could be too much of an ideo- born or the color of our skin, so too must we ment to the cause of equality for His- resist the urge to endorse a man on the basis logue. I had to satisfy myself they of his ethnic background. Members of the panics I take their views seriously. I would be fair. Congressional Hispanic Caucus met with understand the Congressional Hispanic Now, the HNBA has done the same. Miguel Estrada and came away convinced Caucus and the Puerto Rican Legal De- They want to make sure the Federal that he would harm our community as a fed- fense and Education Fund came to courts are independent and fair. They eral judge. The Mexican American Legal De- their conclusion after a thorough re- have supported Republican nominees as fense and Educational Fund and the Puerto view of the nomination but also after well as Democratic nominees. These 15 Rican Defense and Education Fund reviewed interviewing and meeting with the individuals, all of whom are past presi- his record and came to the same conclusion. nominee. dents of the Hispanic National Bar As- Are these groups fighting Miguel Estrada because they are somehow anti-Hispanic? Yesterday, we received a letter from sociation, people who have devoted a Are they saying that only people with cer- 15 former presidents in the Hispanic great deal of time in their legal careers tain political views are ‘‘true’’ Latinos? Of National Bar Association, 15 well-re- to advancing the interests of Hispanics course not. They are saying that as a judge spected national leaders of this impor- in the legal community, have felt com- this man would do damage to the rights we tant bar association, leaders who date pelled to publicly oppose the Estrada have fought so hard to obtain, and that we back to the founding of the organiza- nomination. cannot ignore that fact just because he is tion in 1972 have written to the Senate I regret very much that the White Latino. I think Cesar Chavez would be turn- leadership to oppose this nomination. House, instead of seeking someone who ing over in his grave if he knew that a candidate like this would be celebrated for sup- Their weighty opposition is based on would unite the community, has posedly representing the Hispanic commu- the criteria to evaluate judicial nomi- brought in somebody who would divide nity. He would also be dismayed that any nees this association has formally used the community. civil rights organization would stay silent or since 1991. It has been their standard Yesterday, Delores Huerta, who co- back such a candidate. practice for the past 30 years. founded the United Farm Workers with To my friends who think this is all about In addition to the candidates’ profes- Caesar Chavez, wrote a column in the politicians fighting among themselves, I ask sional experience and temperament, Oregonian opposing Mr. Estrada’s con- you to think what would have happened over the criteria for endorsement also in- firmation. I ask unanimous consent the last 40 years if the federal courts were fighting against workers’ rights and women’s cludes, ‘‘one, the extent to which a this article be printed in the RECORD. rights and civil rights. And then think about candidate has been involved and sup- There being no objection, the mate- how quickly that could become the world we ported and responsive to the issues, rial was ordered to be printed in the are living in. needs, and concerns of Hispanic Ameri- RECORD as follows: As MALDEF wrote in a detailed analysis, cans; and, two, the candidates’ dem- [From the Oregonian, Feb. 24, 2003] Estrada’s record suggests that ‘‘he would not onstration of the concept of equal op- DOLORES C. HUERTA: ESTRADA WOULD recognize the due process rights of Latinos,’’ portunity and equal justice under law.’’ DESTROY HARD-FOUGHT VICTORIES that he ‘‘would not fairly review Latino allegations of racial profiling by law enforce- In the view of the overwhelming ma- (By Dolores C. Huerta) jority of the living past presidents of ment,’’ that he ‘‘would most likely always As a co-founder of the United Farm Work- find that government affirmative action pro- the HNBA, Mr. Estrada’s record does ers with Cesar Chavez, I know what progress grams fail to meet’’ legal standards, and that not provide evidence he meets those looks like. Injustice and the fight against it he ‘‘could very well compromise the rights of criteria. His candidacy falls short in take many forms—from boycotts and Latino voters under the Voting Rights Act.’’ those respects, they say. marches to contract negotiations and legis- Miguel Estrada is only one of the people Now the Hispanic National Bar Asso- lation. Over the years, we had to fight nominated by President Bush who could de- against brutal opponents, but the courts ciation has been at the forefront of ef- stroy much of what we have built if they be- were often there to back us up. Where we come judges. The far right is fighting for forts to increase diversity on the Fed- moved forward, America’s courts helped to eral bench. They have been at the fore- them just as it is fighting for Estrada. We establish important legal protections for all must fight back against Estrada and against front of the effort to improve public farm workers, all women, all Americans, all of them. If the only way to stop this is a confidence among Hispanics and others Now, though, a dangerous shift in the courts filibuster in the Senate, I say, Que viva la in the fairness of the Federal courts. could destroy the worker’s rights, women’s filibuster! The most important thing in the Fed- rights, and civil rights that our collective Dolores C. Herta is the co-founder of the eral courts is the fairness, their integ- actions secured. United Farm Workers of America. It is especially bitter for me that one of rity, their independence. the most visible agents of the strategy to Mr. LEAHY. Here is what this His- Time and time again I have asked, erase our legal victories is being called a panic leader wrote: both when we have had nominees of great role model for Latinos. It is true that It is true that for Latinos to realize Amer- Democratic Presidents and Republican for Latinos to realize America’s promise of ica’s promise of equality and justice for all, Presidents, is this nominee somebody I equality and justice for all, we need to be we need to be represented in every sector of believe I could walk into the court and represented in every sector of business and business and every branch of government. be treated fairly? As a Democrat or Re- every branch of government. But it is also But it is also true that judges who would publican, whether as plaintiff or de- true that judges who would wipe out our wipe out our hard-fought legal victories—no hard-fought legal victories—no matter where matter where they were born or what color fendant, whether rich or poor, white or they were born or what color their skin—are their skin—are not role models for our chil- person of color, no matter what my re- not role models for our children. And they dren. And they are not the kind of judges we ligion, no matter what my background, are not the kind of judges we want on the want on the federal courts. would I be treated fairly? federal Courts. Miguel Estrada is a successful lawyer, and During Democratic leadership of the Miguel Estrada is a successful lawyer, and he has powerful friends who are trying to get Senate, we confirmed 100 of President he has powerful friends who are trying to get him a lifetime job as a federal judge. Many Bush’s nominees, and I voted for the him a lifetime job as a federal judge. Many of them talk about him being a future Su- overwhelming majority of them. When of them talk about him being a future Su- preme Court justice. Shouldn’t we be proud preme Court justice. Shouldn’t we be proud of him? I was chairman, I moved his nominees of him? I for one am not too proud of a man who is through far faster than Republicans I for one am not too proud of a man who is unconcerned about the discrimination that ever did for President Clinton when unconcerned about the discrimination that many Latinos live with every day. I am not they were in charge, when they aver- many Latinos live with every day. I am not especially proud of a man whose political

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2631 friends—the ones fighting hardest to put him Senate debate that suggest those oper, having previously worked with the on the court—are also fighting to abolish af- posed to this nomination are anti-His- Wall Street law firm of Wachtell, firmative action and to make it harder if not panic. Lipton, Rosen & Katz. impossible for federal courts to protect the I think perhaps we should go back to While in private practice, his clients rights and safety of workers and women and a different time, a time when I first anyone with little power and only the hope included major investment banks and of the courts to protect their legal rights. came to the Senate, when Republicans health care providers. Mr. Estrada’s fi- Just as we resist the injustice of racial and Democrats assumed the best mo- nancial statement, which Senator profiling and the assumption that we are tives of patriotism and honesty on the HATCH had printed in the CONGRES- lesser individuals because of where we were part of each other; when you did not SIONAL RECORD, says he earned more born or the color of our skin, so too must we hear attacks made on people saying than $1⁄2 million a year 2 years ago. resist the urge to endorse a man on the basis they are anti this race or that race or At his hearing, Mr. Estrada testified: of his ethnic background. anti this religion or that religion. I am I have never known what it is to be poor, Are these groups fighting Miguel Estrada concerned. and I am very thankful to my parents for because they are somehow anti-Hispanic? I will speak only for myself, not for that. And I have never known what it is to Are they saying that only people with cer- be incredibly rich either, or even very rich, tain political views are ‘‘true’’ Latinos? Of other Senators, but I look back at 29 or rich. course not. They are saying that as a judge years in the Senate, a record of one this man would do damage to the rights we who I think has always stood for anti- I will let his financial statement have fought so hard to obtain, and that we discrimination, one who has a record speak for itself on that point. Half a cannot ignore that fact just because he is where I have never questioned the race, million dollars a year in my State does Latino. I think Cesar Chavez would be turn- ethnicity, or religion of anybody else. put you in the upper brackets. ing over in his grave if he knew that a can- When I hear charges that opposition to So he is a well-compensated lawyer didate like this would be celebrated for sup- a candidate, in this case opposition to in a first-rate law firm. His family and posedly representing the Hispanic community. He would also be dismayed that any a candidate that has divided the Amer- friends take pride in his success, and civil rights organization would stay silent or ican people, is done on the basis of that rightfully so. back such a candidate. person’s race, I find that more than In his almost 6 years with Gibson, I deeply resent the charges leveled by distasteful, I find it wrong. In the same Dunn & Crutcher, with its thriving ap- Republicans that those opposing this way, I found wrong the attacks on my pellate court practice, developed by its nomination are anti-Latino or anti- religion by some in the Republican senior partner, Ted Olson, who was Hispanic. As we began this debate Party because of opposition to 1 of this confirmed to be Solicitor General in about 2 weeks ago, I urged Republicans President’s more than 100 nominees, es- June 2001, Mr. Estrada has had one ar- who said such things to apologize for pecially since I made it very clear in gument before the Supreme Court— these baseless and divisive charges. my statements on this floor that I just one. That was in connection with a They have yet to do so. Because they never once considered religion or the habeas petition on which he worked have not apologized for these baseless background of any nominee for any- pro bono when he first came to the charges, it prompted the League of thing—nominees from either Repub- firm. It is one of the only pro bono Latin American Citizens, an organiza- lican or Democratic administrations. cases he has taken in his entire legal tion that has supported this nomina- Not in any of the thousands upon thou- career, according to his testimony. tion, to write to the Senate to protest sands of nominees of both Republican I am about to yield the floor. I note the charges leveled without basis by and Democratic Presidents that I voted one thing, some of the speeches on the Republicans. I emphasize the League of for have I ever once considered their other side of the aisle make you think United Latin American Citizens, which religious background. So I find it dis- everyone opposes the efforts of Demo- supports Mr. Estrada’s nomination, has tasteful when my religion is attacked crats to get answers to fair questions written to the Senate to protest the by members of the Republican caucus, and review documents provided in past charges of bias leveled without basis by and I find it distasteful when members nominations. Especially in the case some Republicans. of that caucus attack Democrats on where a supervisor has called into Hector Flares, the LULAC National the claim that their principled opposi- question a nominee’s ability to be fair, President wrote on February 12: tion to this nomination is anti-His- that is all the more reason we should panic. I think the largest Hispanic or- see what he did. There is also ample [W]e are alarmed by suggestions from some precedent for the Senate Judiciary of the backers of Mr. Estrada that the Sen- ganization supporting Mr. Estrada ate Democrats and the members of the Con- made it very clear they resent it, too. Committee examining memos written gressional Hispanic Caucus are opposing his I join with them on that. by Department of Justice attorneys, nomination because of his race, ethnicity or We know Mr. Estrada’s short legal including Assistant Solicitor Gen- an anti-Hispanic bias. We do not subscribe to career has been successful. By all ac- erals—like Mr. Estrada was—in connec- this view at all and we do not wish to be as- counts he is a good appellate lawyer tion with nominations to either life- sociated with such accusations. and legal advocate. He has had a series time or short-term appointments, such LULAC has had a long and productive of prestigious positions and is profes- as in the nominations of Robert Bork, working relationship with many Senate Democrats and all of the members of the sionally and financially successful. In William Rehnquist, Brad Reynolds, Congressional Hispanic Caucus and our expe- my case, as the grandson of immi- Stephen Trott, and Benjamin Civiletti. rience is that they would never oppose any grants, as a son, a father and grand- There have been a number of papers nominee because of his or her race or eth- father, I know no matter the country and published editorials and op-eds nicity. On the contrary, it is most often the of origin or economic background that supporting our efforts to know more Democratic members of the Senate who sup- a family takes pride in the success of about Mr. Estrada before we give him a port LULAC’s priority issues.... its children. Mr. Estrada’s family has lifetime seat, before we could never I thank LULAC for disassociating much to be proud of in his accomplish- question him again, before we put him, itself with the base political efforts of ments, no matter what happens to this for a lifetime, on one of the most pow- Republicans to accuse those who op- nomination. erful courts of the country. pose this nomination as doing so based He is now 41 years old. He has a suc- On February 4, Senator HATCH said, on race or ethnicity. On the contrary, cessful legal career in a prominent cor- and I will paraphrase: Mr. Estrada is it is most often the Democratic Mem- porate law firm, which was the firm of not nominated to the Supreme Court— bers of the Senate who support His- President Reagan’s first Attorney Gen- of course he is right—but his nomina- panic priority issues. eral, William French Smith, and that tion may be even more important be- I thank LULAC for disassociating of President Bush’s current Solicitor cause the Supreme Court hears only itself with the base political efforts of General, Ted Olson. I am told that Mr. about 90 cases per year while the DC some Republicans who accuse those Olson, along with Kenneth Starr, have Circuit issues nearly 1,500 decisions per who oppose this nomination of doing so been among Mr. Estrada’s conservative year. These decisions affect the rights based on race or ethnicity. I renew my mentors. At his relatively young age, of working people and the environ- request for an apology for all the state- Mr. Estrada has become a partner in mental rights of all people. The Senate ments made in connection with the the law firm of Gibson, Dunn & Crutch- must not be a rubberstamp.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2632 CONGRESSIONAL RECORD — SENATE February 25, 2003 I ask unanimous consent to have tions about his legal views or to provide doc- U.S. Court of Appeals to the dismay of not printed in the RECORD some of the edi- uments showing his legal work. This prompt- only Republicans but many editorial writers. torials in favor of the position the ed the Senate minority leader, Thomas How dare they employ politics! In these mat- Democrats have taken here. Just to Daschle, to conclude that Estrada either ters there should be a simple test: sym- ‘‘knows nothing or he feels he needs to hide metry. Or, as former Clinton Solicitor Gen- name a few, we have editorials from something.’’ eral Walter Dellinger declares, ‘‘Whatever the New York Times, the Boston Globe, Nonetheless, Estrada’s nomination won factor a President may properly consider, and the Rutland Daily Herald, among partisan committee approval last month. All senators should also consider.’’ Since ide- others, as well as op-ed from the Wash- 10 Republicans voted for him; all nine Demo- ology clearly is the guiding force behind the ington Post and Wall Street Journal, crats voted against. On Tuesday Senate slate of Bush circuit court nominees, it’s and letters to the editor of the Wash- Democrats began to filibuster Estrada’s perfectly appropriate for Senate Democrats ington Post, disagreeing with their ear- nomination, a dramatic move to block a full to sue the same standard. That’s certainly the criterion Republicans lier editorial—touted by Republicans Senate vote that could trigger waves of political vendettas. used in the Clinton years. Orrin Hatch is out- this morning—urging an immediate It’s crucial to evaluate candidates based on raged at Democrats’ insistence that nominee vote in spite of the precedent for re- their merits and the needs of the country. Miguel Estrada, who refuses to express an questing documents and getting an- Given that the electorate was divided in opinion on any Supreme Court decision, be swers to questions before giving some- 2000, it’s clear that the country is a politi- more forthcoming. Yet it was only a few one such an important job. cally centrist place that should have main- years ago that the same Utah Republican There being no objection, the mate- stream judges, especially since many of was insisting on the need ‘‘to review . . . rial was ordered to be printed in the these nominees could affect the next several nominees with great specificity.’’ decades of legal life in the United States. In 1996 Sen. Hatch decried two Clinton, ju- RECORD, as follows: Further, this is a nation that believes in dicial nominees as ‘‘activists who would leg- [From the New York Times, Feb. 13, 2003] protecting workers’ rights, especially in the islate from the bench.’’ Later, the then Sen- KEEP TALKING ABOUT MIGUEL ESTRADA aftermath of Enron. It’s an America that ate Republican leader, Trent Lott, left no The Bush administration is missing the struggles with the moral arguments over doubt that it was ideology that prompted his point in the Senate battle over Miguel abortion but largely accepts a woman’s right objections to the ‘‘judicial philosophies and Estrada, its controversial nominee to the to make a private choice. It’s an America likely activism’’ of prospective judges. powerful D.C. Circuit Court of Appeals. that believes in civil rights and its power to Judicial activism used to be a term re- Democrats who have vowed to filibuster the put a Colin Powell on the international served for liberals. Now much activism on nomination are not engaging in ‘‘shameful stage. the bench comes from the right, often, in the politics,’’ as the president has put it, nor are Does Estrada meet these criteria? He isn’t words candidate Bush used to attack lib- they anti-Latino, as Republicans have cyni- providing enough information to be sure. erals, in the form of judges who ‘‘subvert’’ cally charged. They are insisting that the And the records of some other nominees fail the legislature. In recent years, congres- White House respect the Senate’s role in con- to meet these standards. sional measures such as the Americans with firming judicial nominees. Debating the merits of these nominees is Disabilities Act, legislation to oppose vio- The Bush administration has shown no in- also crucial because some, like Estrada, lence against women and to increase gun terest in working with Senate Democrats to could become nominees for the Supreme control have been gutted by conservative select nominees who could be approved by Court. judges. consensus, and has dug in its heels on its The choir—Democrats, civil rights groups, As Indiana law professor and former Clin- most controversial choices. At their con- labor groups, and women’s groups—is alton Justice Department official Dawn John- firmation hearings, judicial nominees have ready singing about how modern-day Amer- son chronicled in a Washington Monthly refused to answer questions about their ica should have modern-day judges. It’s time piece last year, the right-wing Federalist So- views on legal issues. And Senate Repub- for moderate Republicans and voters to join ciety-agenda envisions an activist judiciary licans have rushed through the procedures in so that the president can’t ignore democ- that would roll back many of the guarantees on controversial nominees. racy’s 21st-century judicial needs. enacted by Congress under the Commerce Mr. Estrada embodies the White House’s Clause and the 14th Amendment. scorn for the Senate’s role. Dubbed the [From the Wall Street Journal, Feb. 20, 2003] A contemporary example is Jeffrey Sutton, a brainy legal scholar nominated for the ‘‘stealth candidate,’’ he arrived with an ex- SYMMETRY IN JUDICIAL NOMINATIONS Fourth Circuit Court of Appeals. Mr. Sutton tremely conservative reputation but almost The White House has a message for Demo- no paper trail. He refused to answer ques- clearly is qualified but just as clearly would cratic senators tying up its judicial nomina- turn back the clock on protecting people tions, and although he had written many tions: we won the election, you’re thwarting memorandums as a lawyer in the Justice De- with disabilities. Should senators who care the people’s will. about disability rights simply ignore his ide- partment, the White House refused to release Not quite. Never mind it was an evenly di- them. ology? vided electorate. The selection of judges was The right claims that central to the Demo- The Senate Democratic leader, Tom a non-issue. George W. Bush didn’t even crats’ opposition to these nominees is abor- Daschle, insists that the Senate be given the mention the topic in his speech at the GOP’s tion. And it’s true that, more than any other information it needs to evaluate Mr. Philadelphia convention or in his acceptance issue, abortion remains a litmus test for Estrada. He says there cannot be a vote until remarks when he finally emerged vic- both sides. Almost all the Bush circuit-court senators are given access to Mr. Estrada’s torious—thanks to judges—after Florida. nominees have been pro-life and a high per- memorandums and until they get answers to In two of the three debates, judicial selec- centage of the Clinton appointments were their questions. The White House can call tions weren’t mentioned. In the other, can- pro-choice. But, as Mr. Sutton’s selection this politics or obstruction. But in fact it is didate Bush, while ducking the question of shows, the issues are much broader than the senators doing their jobs. whether all his judicial appointments would disproportionate influence placed on abor- be anti-abortion, insisted he wouldn’t have tion. [From the Boston Globe, Feb. 15, 2003] any litmus tests. But he declared that, un- In the Estrada fight, some Republicans RUSH TO JUDGES like Vice President Gore, he would not ap- also allege an anti-Hispanic motive. Opposi- The Senate Judiciary Committee ought to point judicial activists; judges, he declared, tion to his nominees sends ‘‘the wrong mes- come with a warning sign: Watch out for ‘‘ought not take the place’’ of Congress. As sage to Hispanic communities,’’ charges fast-moving judicial nominees. Controlled by the president accuses Democrats of playing Georgia Sen. Saxby Chambliss. For the Republicans, the committee is approving politics, however, he nominates almost noth- record, Mr. Bush has nominated one Hispanic President Bush’s federal court nominees at ing but pro-life judges and passionate activ- judge to the circuit courts; President Clinton speeds that defy common sense. ists of a conservative stripe. nominated 11. Three of the Clinton nomina- One example is Miguel Estrada, nominated For all the emotions judicial appointments tions were killed by Senate Republicans. to the US Court of Appeals for the District of arouse on both sides, the political implica- Were they racially motivated? That makes Columbia. Nominated in May 2001, Estrada tions for senators are wildly exaggerated. as much sense as the Estrada charges. had been on a slow track, his conservative Over the past several decades the only one To be sure, the Democrats play the same views attracting concern and criticism. who lost an election because of a judicial games, though the Clinton nominees, as a Some Republicans called Democrats anti- vote was Illinois Democrat Alan Dixon, de- whole, were nowhere near as ideological as Hispanic for challenging Estrada. He came to feated in a primary after he voted to confirm the Bush picks. But there is some overreach; the United States from Honduras at the age Clarence Thomas for the Supreme Court. the Democrats’ efforts to get Mr. Estrada’s of 17, improved his English, earned a college What these battles are about is energizing private notes when he worked in the solic- degree from Columbia, a law degree from the base; that’s why during presidential cam- itor general’s office would set a bad prece- Harvard, and served as a Supreme Court paigns they are retail, not wholesale, issues. dent. clerk for Justice Anthony Kennedy. Currently, Senate Democrats are staging a Thoughtful people on both sides of the What has raised red flags is Estrada’s re- mini-filibuster over the nomination of move- aisle worry about these perpetual battles. fusal to answer committee members’ ques- ment conservative Miguel Estrada for the Mr. Dellinger, for one, notes that if the focus

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2633 is only on ‘‘noncontroversial,’’ selections, to surrender its constitutional role as a These inane people who have entered the result chiefly would be courts full of check on the excesses of the executive. into partisan politics have disparaged a ‘‘relatively undistinguished lawyers lacking The Republicans are accusing the Demo- man who is 10 times better than they crats of partisan politics. Of course, the Re- any substantial record of creative scholar- are. It is unbelievable the lengths and ship or advocacy.’’ Instead, he proposes a publicans are expert at the game, refusing more constructive solution. Opposition lead- even to consider numerous nominees sent to the depths to which they will stoop to ers in the Senate would develop a short list the Senate by President Clinton. betray one of their own fellow Hispanic of distinguished scholars and practitioners The impasse over Estrada is partisan poli- people. for the president to submit for the courts of tics of an important kind. The Republicans I hope the rest of the members of the appeal. There is a precedent: President Bush must not be allowed to shame the Democrats Hispanic Bar Association will rise up last year renominated Clinton nominee, into acquiescence. For the Democrats to give and let them know how for off the Roger Gregory, the first African American in would be for them to surrender to the fierce partisanship of the Republicans. mark they are. on the Fourth Circuit, in to win acceptance Listen to this: for his other nominees. The wars over judicial nominees are likely Currently, Mr. Dellinger says if Senate to continue as long as Bush, with the help of We believe that for many reasons includ- Democrats proposed a ‘‘distinguished’’ nomi- Attorney General John Ashcroft, believes it ing: his virtually nonexistent written record, nee like former Solicitor General Seth Wax- is important to fill the judiciary with ex- his . . . judicial and academic teaching expe- treme right-wing judges. man for the U.S. Circuit Court, a deal could rience— The Democrats, of course, would like noth- be crafted whereby he and Bush nominees This is the written stuff that they ing better than to approve the nomination of Mr. Estrada and John Roberts are promptly a Hispanic judge. But unless the nominee is can’t match—very few of them—or confirmed. Republicans still would hold the qualified, doing so would be a form of racial even come close to matching. I don’t upper hand, but the rightward rush would be pandering. That is the game in which the Re- think any of them can. The reason I modified. publicans are engaged, and the Democrats don’t think so is because not many It makes a lot of sense and would result in must not allow it to succeed. a better judiciary. But the activists on both people in this world have that type of Mr. LEAHY. Mr. President, I yield a record—a written, open record that sides have little interest; it wouldn’t ener- the floor. gize their bases. anybody can read and find. There are The PRESIDING OFFICER. The Sen- not many attorneys living today who [From the Rutland Daily Herald, Feb. 24, ator from Utah. have argued 15 cases before the U.S. 2003] Mr. HATCH. Mr. President, I have Supreme Court and have the record of been listening to my distinguished col- PARTISAN WARFARE winning 10 of them. league. I noted that he mentioned the Senate Democrats are expected to continue They say he doesn’t have any aca- their filibuster this week against the ap- Hispanic National Bar Association’s demic teaching experience. You mean pointment of Miguel Estrada, a 41-year-old past presidents’ statement. I have sel- you can’t be a judge? lawyer whom President Bush has named to dom read a statement that is so abso- Let us put it this way. Since there the federal appeals court in Washington, D.C. lutely bankrupt as this statement. I have been many academics who have Sen. Patrick Leahy, ranking Democrat on have seldom read anything that has gone on the Federal bench in circuit the Judiciary Committee, is in the middle of disgusted me as much as these past courts of appeals, the Supreme Court, the fight over the Estrada appointment. He presidents of this Hispanic Bar Asso- and his fellow Democrats should hold firm and district courts, do you mean the ciation in this letter. I have never seen Hispanics can’t go on the bench unless against the Estrada nomination. less backing for a letter than what Much is at stake in the Estrada case, most they have academic and teaching these people have signed off on. importantly the question of whether the records? First, let me note for the record that Democrats have the resolve to resist the ef- That is what this seems to say by 15 the Hispanic National Bar Association forts of the Bush administration to pack the former presidents of the Hispanic Bar supports Mr. Estrada’s nomination. So judiciary with extreme conservative judges. Association which has endorsed him. The problem with the Estrada nomination these people have gone way off the res- They have gone against their own orga- is that Estrada has no record as a judge, and ervation. They may have been past nization. It is hard to believe. senators on the Judiciary Committee do not presidents, but they should never be al- Then they said: believe he has been sufficiently forthcoming lowed to be a president of this bar asso- about his views. It is their duty to advise and ciation again. They ought to throw We believe that for many reasons includ- consent on judicial nominees, and Estrada ing: his virtually nonexistent written record. has given them no basis for deciding whether them out of the bar association because they entered into politicization Look at that record. He has verbally to consent. expressed an unrebutted extreme view? President Bush has called the Democrats’ of this nominee, in contradiction to I haven’t heard an extreme view opposition to Estrada disgraceful, and his what their own bar association has fellow Republicans have made the ludicrous done in endorsing him. The bar associa- throughout this whole process, and we charge that, in opposing Estrada, the Demo- tion speaks for its many members, not have a transcript that thick of ques- crats are anti-Hispanic. For a party on these 15 former presidents. We know tions by our friends on the other side, record against affirmative action, the Re- why they have done this, because they and ourselves really. Extreme views? I publicans are guilty of cynical racial politics haven’t heard any extreme views. I for nominating Estrada in the first place. He are 15 partisans. It is disgraceful. Let me read part of this letter— don’t think anybody has made a case has little to qualify him for the position ex- that he has extreme views. cept that he is Hispanic. ‘‘Based upon our review and under- Unless the Democrats are willing to stand standing. . . .’’ Then the letter says, ‘‘his lack of ju- firm against Bush’s most extreme nomina- What kind of review? They talked to dicial or academic teaching experi- tions, Bush will have the opportunity to their friends on the Democratic side? Is ence— push the judiciary far to the right of the that where they got this stuff? Most of OK. What they are saying—these His- American people. Leahy, for one, has often which is absolutely false and distorted: panic Bar Association presidents—is urged Bush to send to the Senate moderate Based upon our review and understanding that hardly any Hispanics will ever nominees around whom Democrats and Re- of the totality of Mr. Estrada’s record and qualify for the circuit court of appeals publicans could form a consensus. In a na- life’s experiences, we believe that there are or even the district court because they tion and a Congress that is evenly divided more than enough reasons to conclude that haven’t had any judicial experience or politically, moderation makes sense. Mr. Estrada’s candidacy falls short in these But Bush’s Justice Department is driven teaching experience. They are con- respects. by conservative idealogues who see no reason demning their own people. What a ri- for compromise. That being the case, the Listen to this: diculous, dumb statement. I don’t Senate Democrats have no choice but to hold We believe for many reasons including his swear. But I’ll be darned. I am having the line against the most extreme nominees. virtually nonexistent written record. . . . a tough time not swearing here. Leahy has drawn much heat for opposing Could I make a little point here that Then it says in parentheses: Bush’s nominees. But he has opposed only I think needs to be made? These are (against which his fairness, reasoning skills three. In his tenure as chairman of the com- the appellate briefs in the 15 Supreme and judicial philosophy could be properly mittee, he sped through to confirmation far tested) more nominees than his Republican prede- Court cases. There has not been a cessor had done. But for the Senate merely nominee before this Senate in recent What about the five of the eight on to rubber stamp the nominees sent their way years who has been able to have that the current court who haven’t any ju- by the White House would be for the Senate type of illustration of what they do. dicial experience? And I don’t know

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2634 CONGRESSIONAL RECORD — SENATE February 25, 2003 many of them who have had any teach- in. Maybe they do. I would like to hear mean to be so aggravated, but these ing experience. You can go through from them if they do. But I am dis- types of things just aggravate me to dozens of Clinton appointees who never gusted with them. If they do, that death. had any either. makes it even worse because they have I fought very hard for Clinton’s Why the double standard for Miguel misjudged him if they have the experi- nominees. The other side knows it. I Estrada? Why? I am having a rough ence in these areas—and I doubt that was very fair to their nominees. They time answering that question. they do. know it. Was everyone fair to them? There are some answers which I hope Then they say: Not everybody, but I was. I expect fair- aren’t true. But I am starting to think . . . his less than candid responses to other ness to be given to our nominee and to they are true. straightforward questions of Senate judici- their President’s nominees. It says: ary members. Finally, I didn’t agree with President . . . his poor judicial temperament. Where did they get that? I bet none Clinton’s nominees’ ideology in prob- of them have read this transcript. I ably none of the cases—none of the Since he has never been a judge, how doubt that many of them saw the hear- do they know what his judicial tem- nominees. But that wasn’t the issue. ings. Where would they get that? It The issue was whether they were quali- perament is? The fact is that none of certainly wasn’t from this side, I guar- them—I don’t believe any of them— fied. And there has very seldom been a antee you, because we saw him answer person as qualified as Miguel Estrada. even know Miguel Estrada. And if they the questions. He just didn’t answer do, they know he has a decent tempera- All you have to do is point to the them the way our colleagues on the ABA’s unanimous well-qualified rating, ment. other side of the aisle wanted him to Do you know where they get that? the highest rating they could possibly answer them. They couldn’t lay a glove give. They are tough. They get that from some of our friends on him. That is why this is a phony re- on the other side who believe that Paul Now, having said that, I am really quest for confidential and privileged disappointed in my colleagues on the Bender, who we have discredited, I be- materials from the Solicitor General’s lieve, fairly and honestly, who gave other side because they have tried to Office—the attorney for our country say the standing committee of the him the highest possible ratings when and for the people in this country. Miguel was his junior, when he was American Bar Association was preju- Let me tell you that when I practiced diced and stacked in coming up with Miguel’s supervisor in the Solicitor law, my files were confidential, too. General’s Office, and then off the cuff this rating. They do not have a good There is no way I would have given argument to make, so they make a says he doesn’t have a judicial tem- them to anybody. There is no court in perament, in essence. phony argument. the land that would force me to give I want to respond to statements by Who are you going to believe? The them to anyone. They are privileged; one of my Democratic colleagues yes- things that he put in writing at the that is, since I am an attorney. Can terday, suggesting that Mr. Estrada’s time when they were really important you imagine the privilege the Solicitor ABA rating was somehow rigged. I hate and when they really made a difference General’s Office can assert—and they to say it, but this is stooping low, too, or the off-the-cuff remarks that a par- have. to make that kind of a statement. tisan Democrat liberal—about as lib- Like I said, seven former Solicitors Before I address these statements eral as you can get—would say to try General—four of whom were Demo- head on, I think it is first appropriate to scuttle a nomination? These guys crats—have said this is ridiculous. Yet to lay the predicate, to lay the signifi- buy it—lock, stock, and barrel. What it keeps coming up. It is a red herring. cance of Mr. Estrada’s ABA rating. kind of lawyers are they? Then they It is a double standard. It is a standard Let me just look at this chart. This say: applied to Miguel Estrada that has chart is entitled ‘‘Senate Democrats never in history been applied to any- . . . his total lack of any connection whatso- Praise the ABA.’’ ever to, or lack of demonstrated interest in body else. the Hispanic community. The letter request was to give up his [The] ABA evaluation has been the gold recommendations on appeals, certio- standard by which judicial candidates have How do they know that? They are been judged. prejudging this man without knowing rari matters and amicus curiae matters. That was Senator PATRICK LEAHY in all the people he has met with and March 2001. worked with and for whom he has been Then it says: What ABA is simply telling us, and has an example. Every Hispanic young per- . . . and because of the administration’s refusal to provide the Judiciary Committee historically, is whether or not a prospective son can look up to Miguel Estrada be- the additional information and cooperation judge is competent. cause he is the embodiment of the it needs to address these concerns. That was Senator TOM DASCHLE on American dream. Give me a break. He has made him- March 22, 2001. My gosh. This is the most biased, un- self available. Any Democrat who informed, stupid, dumb letter I have [I] fear . . . that the Judiciary Committee wants to talk to him he will talk to. A will be less able than the ABA to discern a ever read, and it is done for purely par- number of them refused to even talk to nominee’s legal qualifications. tisan purposes against a fellow His- him. Why is that? That was Senator DIANNE FEINSTEIN panic. I can’t believe it. I couldn’t be- So they are trying to do justice here? on March 31, 2001, the distinguished lieve it when I saw this. Why is that so? Why is this Hispanic Senator from California. She is right. Then it says: independent thinker being treated this The ABA, with its extensive contacts in . . . his refusals to answer even the most way? I suggest that it is because he is the legal community all across the country, basic questions about civil rights and con- Hispanic and he is an independent is the best organization to evaluate the in- stitutional law. thinker. He doesn’t just toe the line. tegrity, professional competence and judicial Give me a break. He spent as much if I am disgusted. Some of these people temperament of potential nominees. not more time than almost any nomi- I know. They should have done better That was Senator RUSSELL FEINGOLD nee we have had over the last 27 years by their fellow Hispanics. They should in July 2001. to the circuit court of appeals. We sim- have thought twice before putting [T]he ABA . . . has always been impartial. ply did not treat people as this man is their names on this piece of garbage . . . [The ABA is] hardly partisan or ideolog- being treated by some on the other called a letter by past presidents. It is ical. . . . The ABA is the national organiza- side—not everybody. What do they a disgrace to the Hispanic community. tion of all lawyers: Democrats, Republicans, know about his knowledge of civil It is a disgrace to the Hispanic Na- liberals, conservatives. rights and constitutional law? I happen tional Bar Association and the rest of That was Senator CHARLES SCHUMER to believe Miguel Estrada will be one of the membership that is behind Miguel on May 9, 2001. the champions for civil rights, and he Estrada. And it is a disgrace to them We have had our problems with the is certainly one of the tough lawyers personally to do this type of disgrace- ABA when there were, it seemed to me, with regard to constitutional law— ful thing in a miserably partisan way. prejudicial decisions from time to time something I doubt very many of these I don’t want to spend any more time made. And I have had some real prob- past presidents had much experience on it. It doesn’t deserve it. I didn’t lems with them. But I have to say,

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2635 they certainly have cleaned up their Tallman, the Ninth Circuit Court of cratic State Committee. This indi- act, and I said this before the end of Appeals; Raymond Fisher, the Ninth vidual agreed that Miguel Estrada the Clinton administration, even Circuit Court of Appeals; Stanley should be given the highest rating: though I have not been happy with any Marcus, the Eleventh Circuit Court of ‘‘well qualified,’’ unanimously, the one single organization having a vet- Appeals; Frank Hull, the Eleventh Cir- highest rating. ting responsibility, which is what some cuit Court of Appeals—all of those I am not going to say that person was of my colleagues always wanted the rated by Mr. Fielding as unanimously biased because that person gave to Sen- ABA to have. well qualified. ator Torricelli. It is apparent he was Now, let’s consider Miguel Estrada. You can hardly say this man was as not biased. The ABA rated him ‘‘well qualified’’ was described yesterday; in fact, not at How about the ABA’s Fourth Circuit unanimously—that is the highest pos- all. Anybody who knows Fred Fielding representative? He made political con- sible score—at around the time my knows he is an honest man. It is offen- tributions to Senator CHARLES SCHU- Democratic colleagues heaped praise sive to have that type of characteriza- MER, Senator TOM DASCHLE, Senator on the ABA. But now, 2 years later, tion made, even in the height of a very JEAN CARNAHAN, former Vice President some of my friends across the aisle ap- political battle, which this appears to Al Gore, Representative JERROLD NAD- parently want to adopt a new rule: be—well, to be. I could have said 2 LER, Representative MARTIN FROST, ABA ratings are the gold standard—un- weeks ago: to be coming. Representative ANTHONY WEINER, Rep- less we don’t like the nominee. Now, as that list illustrates, Mr. resentative ELLEN TAUSCHER, and Rep- It is against this backdrop that one Fielding voted to give numerous Clin- resentative CHARLES RANGEL. This in- of my Democratic colleagues, the dis- ton circuit nominees the highest rating dividual agreed that Miguel Estrada is tinguished minority whip, now asserts possible. If he had been promoting a ‘‘well qualified.’’ I do not think these that respected Washington lawyer Fred partisan agenda, he would not have people would be influenced by some Re- Fielding somehow tricked the ABA voted to find a single Clinton nominee publican saying: Well, we ought to pull into rating Miguel Estrada unani- well qualified, or he certainly would a fast one here and get this fellow well mously well qualified. have found a number of those, perhaps, qualified when he was not worthy of Now, I have great respect and loving not well qualified—even though they being well qualified. friendship for my friend from Nevada. deserved the qualification they got—if There is no question that Fred Field- Everybody knows that. I care for him he was partisan. ing is a Republican. There is no ques- deeply. But I could hardly believe my There is simply no reason to believe tion that he supports Republicans po- ears when I heard that one. I think it his vote to find Miguel Estrada well litically. But there is also no question is important to set the record straight, qualified reflected anything other than he is a person of impeccable honor and and so here are the facts. I have to pre- his unbiased, nonpartisan assessment integrity who has served as White sume my colleague just did not know of Mr. Estrada’s fitness for the Federal House Counsel and that he would do the facts and, therefore, went off on bench. what is right on this committee, just this tangent, and I hope he will with- Moreover, there is simply no way Mr. like these Democrats did what was draw that statement once he hears Fielding alone could have been respon- right in rating Miguel Estrada as well what the facts are. sible for the ABA’s unanimous decision qualified. Mr. Fielding was a member of the to rate Miguel Estrada ‘‘well quali- How about this: The ABA’s Sixth Cir- ABA standing committee that rates ju- fied.’’ The ABA’s rules make clear that cuit representative—this is on the dicial nominees when Miguel Estrada every member of the ratings com- standing committee—contributed to was unanimously rated well qualified. mittee must evaluate each nominee the Democratic National Committee, Mr. Fielding left the ABA committee independently: Senator FRANK LAUTENBERG, Senator in November 2001. He did not become After careful consideration of the formal CHARLES SCHUMER, former Senator affiliated with Boyden Gray’s Com- report and its enclosures, each member sub- BILL BRADLEY, Senator EDWARD KEN- mittee for Justice until August 2002. In mits his or her rating vote to the Chair. NEDY, Representative RICHARD GEP- fact, the Committee for Justice was Now, that is an insult to the other HARDT, and the Arizona State Demo- not even founded until August 2002. members of the standing committee for cratic Central Executive Committee. There is no way the Committee for somebody to imply they would all pay Now, this individual agreed that Justice could have influenced Mr. attention to a ‘‘corrupt’’ Mr. Fielding, Miguel Estrada is ‘‘well qualified,’’ the Fielding’s duties at the ABA because if that were even possible, which, of highest rating the standing committee the Committee for Justice did not even course, it is not. could give. He could not be a more par- exist at the time. Mr. Fielding’s background as a Re- tisan Democrat, but I believe he is From 1996 to 2002, when he was on the publican was more than offset by the doing the job fairly on the committee. ABA committee, Fred Fielding consist- committed Democrats who served on The fact that he supports Democrats, ently evaluated nominees fairly and the ABA committee at the time and I wish he didn’t as much as a Repub- with an open mind. He voted to rate who joined in the unanimous decision lican, but the fact that he supports many of President Clinton’s circuit to give Miguel Estrada a well-qualified Democrats I find no problem with. court nominees ‘‘well qualified,’’ in- rating. How about this one: The ABA’s Sev- cluding the following: For example, according to public enth Circuit representative contributed Allan Snyder, the DC Circuit Court records, the chairman of the ABA com- to Emily’s List, the feminist political of Appeals; Robert Katzmann, the Sec- mittee at the time Mr. Estrada was organization; Voters for Choice, one of ond Circuit Court of Appeals; Marjorie rated well qualified contributed to the the pro-abortion organizations; Sen- Rendell, the Third Circuit Court of Ap- election campaign of Senator SCHUMER. ator PATTY MURRAY; former Represent- peals; Maryanne Barry, the Third Cir- This individual agreed that Miguel ative Geraldine Ferraro, former Sen- cuit Court of Appeals; Robert Cindrich, Estrada is ‘‘well qualified,’’ the highest ator Carol Moseley-Braun; Senator the Third Circuit Court of Appeals; rating possible. MARY LANDRIEU; Senator Jean Carna- Stephen Orlofsky, the Third Circuit Now, I am not going to accuse the han; Senator BARBARA MIKULSKI, and Court of Appeals; Andrew Davis, the chairman of the ABA committee at the Senator DICK DURBIN. Yet he voted Fourth Circuit Court of Appeals; Al- time, because he donated to Senator ‘‘well qualified.’’ So Fielding is out of ston Johnson, the Fifth Circuit Court SCHUMER’s campaign—which he had line? Come on. That is phony. of Appeals; Ronald Gilman, the Sixth every right to do—I am not going to How about the ABA’s Eighth Circuit Circuit Court of Appeals; Kathleen accuse him of being improper, as I be- representative. He contributed to Sen- McCree Lewis, the Sixth Circuit Court lieve the implication was for Mr. Field- ator JOSEPH BIDEN, Senator HILLARY of Appeals; Ann Claire Williams, the ing. CLINTON, Senator Paul Wellstone, Sen- Seventh Circuit Court of Appeals; Get this point. The ABA’s Second ator Jean Carnahan, and former Vice Susan Graber, the Ninth Circuit Court Circuit representative contributed to President Al Gore. This individual of Appeals; James Duffy, the Ninth Cir- Senator Robert Torricelli’s reelection agreed that Miguel Estrada is ‘‘well cuit Court of Appeals; Richard campaign and to the New Jersey Demo- qualified.’’ I don’t think he had any

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2636 CONGRESSIONAL RECORD — SENATE February 25, 2003 bias in that. I don’t think Fred Field- It is time to get rid of these phony Hispanic man who is an independent ing had all that influence with all arguments. In the case of Miguel thinker and who has an amazing record these big-time Democrats. I really Estrada, the process worked just as the for a person of his age, who has the don’t. I don’t think anybody in their ABA intended. It took a lot of very qualifications to be on the Circuit right mind does. partisan Democrats acting in a non- Court of Appeals for the District of Co- How about the ABA’s Eleventh Cir- partisan way fulfilling their duties on lumbia, why are we doing this to him? cuit representative. He contributed to the ABA standing committee to find Why the double standard? Nobody else Senator Max Cleland. This individual him well qualified, not just when Mr. has been treated this shabbily, espe- agreed that Miguel Estrada is ‘‘well Fielding was on the committee but also cially by these past presidents of the qualified.’’ Did he have a bias? Do you the second time in this Congress. Hispanic Bar Association. Keep in mind think he was influenced by Fred Field- That is pretty important stuff. I have that Hispanic National Bar Association ing? to respond to Senator LEAHY’s remarks supports Miguel Estrada. Yet these How about the ABA’s Federal circuit that Miguel Estrada handled only one people gratuitously signed this ridicu- representative who contributed to pro bono case. That is not accurate. I lous letter. I hope they feel ashamed of Emily’s List, the pro-feminist list; am sure my colleague must have over- themselves. They ought to be. Senator Chuck Robb; the Democratic looked the case of Campaneria v. Reid. The Hispanic community ought to National Committee. This individual Miguel Estrada represented pro bono, tell them to be ashamed of themselves. agreed that Miguel Estrada is ‘‘well without fee, a criminal defendant seek- I believe they will. I think that is qualified.’’ That is just the beginning ing to vacate his conviction on grounds going on right now. The Hispanic peo- of the story. that the admission of his confession at ple are starting to catch on on this and At the start of the 108th Congress, trial violated the Miranda rule. The what is going on. It just plain isn’t the ABA then reaffirmed Mr. Estrada’s two judges on the Second Circuit panel fair. It just plain isn’t right. It just unanimous well-qualified rating. It ap- hearing the case agreed with Miguel plain is not a good thing to do to fili- pears that the Democrats on this year’s Estrada that his client’s right to re- buster a Federal judicial nominee. It ABA committee are equally enthusi- main silent had been violated but ulti- just isn’t. We have always had some astic about Miguel Estrada’s nomina- mately ruled that the error was harm- who wanted to do it, but we on this tion. less. One judge dissented, arguing that side have always been able to stop The ABA’s DC Circuit representa- the admission of Mr. Campaneria’s con- them. This is the first true filibuster tive—Fred Fielding’s successor—confession was not harmless. Miguel that we have had on a Federal judicial tributed to the Democratic National Estrada spent countless pro bono hours nominee. Committee and Emily’s List. This indi- on that case which further illustrates I yield the floor. vidual agreed that Miguel Estrada is his commitment to equal access to jus- The PRESIDING OFFICER (Mr. NZI). The Senator from Nevada. ‘‘well qualified.’’ tice for all. E Mr. REID. Mr. President, I know The ABA’s Federal circuit represent- Since Senator LEAHY brought up Mr. there are others who wish to speak, but ative contributed to Senator HILLARY Estrada’s pro bono work, let me remind I wanted to take a minute to talk CLINTON, the Irish American Demo- him of Mr. Estrada’s work in Strickler about my friend’s comments about Mr. crats, Representative NANCY PELOSI, v. Green. This is an important case as Fielding. the Democratic National Committee, well. It is important to bring it up in I think that while my name was men- Senator JOHN BREAUX, former Vice light of what has been said. Miguel tioned—and I have the greatest respect President Al Gore, and the Democratic Estrada represented, free of charge, for my friend from Utah. We are close Congressional Campaign Committee. Tommy David Strickler, who was con- personal friends. Our families are This individual agreed that Miguel victed of abducting a college student friends. We have been in each other’s Estrada is ‘‘well qualified.’’ from a shopping center and murdering homes. There is nothing personal about I wonder why all these Democrats on her. Miguel Estrada devoted hundreds this. This is a partisan matter we are the ABA’s standing committee find of hours to Mr. Strickler’s appeal with- bringing before the Senate. him well qualified while our friends on out being paid. Ultimately, the Su- Mr. President, the political contribu- the floor are filibustering this well- preme Court held that although a tions that people make is certainly qualified individual? I don’t understand Brady violation had occurred when the very different from being an inside po- it. It seems to me to be a double stand- prosecution withheld exculpatory evi- litical operative, as Mr. Fielding was. ard. dence from the defense, the error was In fact, for lack of a better way to de- The ABA’s Fourth Circuit represent- harmless. Mr. Strickler was accord- scribe him, he was an inside guy for the ative contributed to Senator JOHN ingly executed, but it does not negate Republicans and had been for many EDWARDS in the North Carolina Demo- the fact that Miguel Estrada gave that years. I will list in a minute the many cratic Victory Fund and Bill Bradley. kind of service free. things he had done. This individual agreed that Miguel It was a legitimate question, too. The Mr. President, the more I hear about Estrada is ‘‘well qualified.’’ court did not rule for Miguel Estrada the ABA, the more convinced I am the The ABA’s Eighth Circuit representa- in the case, but he did do what he has Republicans were right when they said tive contributed to the Missouri Demo- been accused of not doing, and that is let us not have the ABA involved in cratic State Committee and Senator giving pro bono service for a person in this. I think those people who said that Jean Carnahan. This individual agreed need. were absolutely right. I didn’t know as that Miguel Estrada is ‘‘well quali- I would like to read a portion of a much about the ABA as I do now. I fied.’’ There are a lot of Democrat lead- letter the committee received from Mr. practiced law for a long time before I ers who contributed to a lot of Demo- Estrada’s cocounsel in the case, Bar- came here. I was a trial attorney. I crats running for office who all found bara Hartung: didn’t belong to the ABA. I thought it Miguel Estrada well qualified, unani- [Miguel Estrada] values highly the just and was a bad organization then, and the mously well qualified. proper application of the law. . . . Miguel’s more I hear about it today, the worse I What is clear from this recitation of respect for the Constitution and the law may think it is. I think what they have political contributions is that in Mr. explain why he took on Mr. Strickler’s case, done on these judicial nominations— Estrada’s case, the attorneys on the which at the bottom concerned the fundamental fairness of a capital trial and death Democratic and Republican—reeks, ABA committee put aside their polit- sentence. I should note that Miguel and I smells. There are thousands of lawyers ical views and provided the Senate have widely divergent political views and in the country, thousands of members with a neutral and dispassionate anal- disagree strongly on important issues. How- of the ABA. Couldn’t they get people ysis of his qualifications. ever, I am confident that Miguel Estrada will who are selecting nominees who could Fred Fielding, of course, did not hi- be a distinguished, fair and honest member pass the smell test? In this one, this jack the ABA process, nor was Mr. of the federal appellate bench. ABA qualification should be thrown Fielding’s participation in that process Why do we have these arguments right in the trash. ‘‘unethical,’’ as my Democratic col- that are not right? Why are we doing Mr. President, it is not the Senator leagues suggested. that to this man? Why is it that this from Nevada who feels Mr. Fielding

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2637 was wrong in what he did. Here is an The article by Mr. Brune goes on to ties raise questions of appearances, article out of a newspaper dated yester- say: which would cause more damage to the day, by Tom Brune. The headline is Fielding evaluated Estrada in the month ABA. Ironically, Bush removed the ‘‘Estrada Endorser Had Partisan Role.’’ after President George W. Bush nominated ABA from his long-held role It goes on to say—this is a news arti- him on May 9, 2001, ABA officials said. That prescreening judicial nominees because cle, not an editorial: was just weeks after Fielding vetted execu- of the evaluators’ perceived liberal The lawyer who recommended the Amer- tive appointments for Bush’s transition team bias. and a year before he helped start the par- ican Bar Association’s highest rating for ″In light of the controversy concerning the controversial appellate judge candidate tisan Committee for Justice, records show. Contrary to what was said a few minutes proper role of the ABA Standing Com- Miguel Estrada took part in partisan Repub- mittee,’’ Burbank said, ‘‘it seems to me to be lican activities during his term as a non- ago, Fielding did cofound this group while a member of the ABA evaluation committee. a shame to structure the process in such a partisan judicial evaluator for the Bar, ac- way that reasonable people might be con- cording to records and interviews. The article continues: cerned.’’ The man who wrote this column said The overlap has thrust Fielding—and his what I quoted. He says: evaluation . . .—into the heated political Mr. President, let me simply say that the evaluation by Fred Fielding is a While serving on the ABA’s nonpartisan battle over Estrada’s nomination. . . . Standing Committee on the Federal Judici- . . . On February 12, Senator Harry Reid scam, it is unfair, it is not right. There ary, veteran Washington lawyer Fred F. charged that Fielding had a conflict. certainly is an appearance of unfair- Fielding also worked for Bush-Cheney Tran- I said at that time, and there is a ness and partisanship. If you want to sition Team, accepted an appointment from quote in the newspaper: debate Miguel Estrada based on this the Bush administration and helped found a Doesn’t Mr. Fielding’s dual role—purport- ABA qualification, I will do that all group to promote and run ads supporting edly ‘‘independent’’ evaluator and partisan day long. There are many positive Bush judicial nominees, including Estrada. foot soldier—violate ABA rules? things Estrada has. This is not one of An editorial comment here, Mr. As the investigative reporter notes: them. This was an evaluation done by President. That is only part of his po- a very partisan person, who has only litical involvement. Let me read part Those rules say no Standing Committee member should participate in an evaluation recommended well qualified ratings for of it. There are other things. if it would give rise to the appearance of im- Bush nominees in D.C. Fielding cofounded the Committee for Jus- propriety or would otherwise be incompat- I repeat what I said a few minutes tice, with Bush confidante and former White ible with the committee’s purpose of a fair ago. The more I learn about the ABA, House counsel C. Boyden Gray. They founded and nonpartisan process. this organization to help the White House the less I feel inclined to support the with the public relations end of its effort to It goes on to say, ‘‘Former ABA ABA for anything they want. In this pack the bench and to run ads against Demo- President Robert Hirshon said he was situation, if I ever have anything to do crats. . . . concerned when in late July 2002 he with it in the future, the ABA should In addition, Fielding has a long ca- read reports that Fielding had joined be eliminated. It would be one less reer as a Republican insider. He served Republican C. Boyden Gray to start the process we would have to go through to as Deputy Counsel to President Rich- Committee for Justice.’’ get people on this floor. The ABA’s ard Nixon. He then served on the ‘‘That raised some concerns in my mind,’’ ‘‘gold standard’’, as far as I am con- Reagan-Bush campaign in 1980, the said Hirshon, ‘‘given the fact that our com- cerned, is tarnished, and rightfully so. Thursday Night Group. He served on mittee has been tarred by both conservatives The PRESIDING OFFICER. The Sen- the Lawyers for Reagan advisory and liberals as poster boys for the other side. ator from Utah is recognized. group, the Bush-Reagan transition, . . .’’ He called Roscoe Trimmier, Jr., then the Mr. HATCH. Mr. President, I am dis- 1980–1981. He served—this is a dandy— Standing Committee chair, and asked him to appointed. I just read over all of the he was conflict of interest counsel. talk with Fielding. ‘‘I don’t see how you can Democrats on the Standing Committee That is a laugher. He worked with the do both,’’ Hirshon said. If Fielding became who have contributed to Democratic Office of Government Ethics, which is involved in Gray’s group, he couldn’t serve Party politics. I have never accused also a joke. He served on the White as an ABA evaluator again, he said. any of these people. Along with these House transition team. He served in . . . Fielding is still listed as a board mem- are these judges on this chart. What the Office of Counsel to the President, ber of the Committee for Justice. ‘‘I don’t see the conflict,’’ Gray said— does that mean? That he wasn’t right as deputy counsel to President Reagan. when he found unanimously well quali- I bet he didn’t. He helped form the He served on the Bush-Quayle cam- fied all of the Clinton judges, or nomi- Committee for Justice. paign in 1988; as Republican National nees?—that is not right—when he voted He added that Convention legal advisor; as campaign for Miguel, along with all of these counsel to Senator Quayle; and as dep- Fielding didn’t vet Estrada while on the Democrats I have listed who have con- uty director of the Bush-Quayle transi- transition team and left the ABA post soon after the group formed. tributed? tion team. He served on the Bush- All I can say is I think we have an- Quayle campaign, 1992, as the senior But Nan Aron, executive director of the liberal Alliance for Justice, which opposes swered the points. I agree no outside legal advisor conflict of interest coun- Estrada, charges that Fielding is too par- body should be a voting instruction. I sel and the Republican National Com- tisan to do a fair evaluation. have always felt that. But I have to say mittee advisor. He served as the legal The article notes: the ABA has been part of the process, advisor to the Dole-Kemp campaign, Fielding was President Ronald Reagan’s whether we like it or not, for a long 1996. White House counsel— time. There were plenty of Democrats Mr. President, in short, the Bush And some of the things I have al- who voted for Miguel Estrada as well White House could not have hand- qualified. picked somebody with better partisan ready put into the RECORD. The PRESIDING OFFICER. The credentials than Fielding to evaluate Listen to this fact uncovered by the Democratic leader. his DC Circuit Court nominees. reporter: The ABA should be ashamed of them- In May, Bush appointed Fielding to an DEALING WITH ECONOMIC PROBLEMS selves. Lawyers are trying to have a international center that settles trade dis- Mr. DASCHLE. Mr. President, I was reputation that is good and does not putes. home in South Dakota over the last have conflicts of interest, that is eth- He gets $2,000 a day plus expenses for week, and I had the opportunity to ical. This thing reeks. this. talk with farmers and ranchers, Estrada graduated with honors from The article also notes that: businesspeople, educators, and govern- Harvard. You cannot take that away last fall, President Bush thanked Fielding ment leaders. What I bring back from from him. He is a fine lawyer, but this publicly during a rally for his judicial nomi- those many discussions is the strong ABA thing, take it away because it nees. belief that if there is anything we do in means nothing. How can one have con- I bet he did. the Senate over the course of the next fidence that Mr. Fielding did not paint The article also notes that Burbank, several weeks, it ought to be address- a very rosy picture for partisan rea- a Professor of ethics at the University ing the economic problems that our sons. of Pennsylvania says Fielding’s activi- country is facing.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2638 CONGRESSIONAL RECORD — SENATE February 25, 2003 I wish I had an accurate count of the in crisis management all tell me they that the plan could hurt the economy over number of times in various ways busi- haven’t a clue as to what they would be the long run. ness men and women and farmers and required to do should some emergency The average tax cut (the total amount of revenue lost divided by the total number of ranchers asked the question: So why come about. There is no coordination. tax returns) is over $1,000 because a few rich are you spending all of this time on a There is absolutely no training. taxpayers would get such large reductions. judge when our country is in such eco- When I asked them last week, What For households with incomes over $200,000, nomic disarray? would you suggest I go back and tell the average cut would be $12,496, and the av- This is an important issue, the the President and my colleagues, they erage for those with incomes over $1 million Estrada nomination, but we have said said: Understand that unless we have would be $90,222. from the beginning, and I think we will training, unless we have communica- But the cut for those with incomes of $40,000 to $50,000, according to calculations be able to continue to say with author- tions equipment, unless we have more by the Brookings Institution and the Urban ity, that there will not be any resolu- of a coordinated effort to bring us into Institute, would typically be $380. For those tion until the Solicitor General docu- the infrastructure required for re- with incomes of $50,000 to $75,000, it would be ments are released and until Mr. sponse, we will not be able to live up to $553. Estrada is more forthcoming with re- the expectations of the people right The president’s jobs figure was based on a gard to his positions. here. Help us. preliminary analysis by Macroeconomic Ad- We can take up time on the Senate We have attempted to help those first visers, of St. Louis. The firm, to whose services the White House subscribes, issued pro- floor week after week, or we can put it responders over and over: last Decem- jections in January concluding that by rais- aside, make some decision with regard ber, with $2.5 billion that the President ing disposable income, bolstering stock val- to whether or not there will be some said we could not afford; last month ues and reducing the cost of capital, the reconciliation on that issue and answer with $5 billion that the President, once president’s program would lead to 1.365 mil- the question posed by so many South again, said we could not afford. You lion new jobs by the end of next year. Dakotans to me last week: When will tell those first responders that we can- But the White House has never mentioned we address the economy? When will we not afford providing them the re- the caution in the second paragraph of the firm’s report. The forecasters predicted that recognize that there is a lot more pro- sources to do their job when we look at if the tax cuts were not offset within a few ductive use of the Senate’s time than what has happened in just the last 48 years by reductions in government spending, an unending debate about Miguel hours in our basing arrangements with interest rates would rise, private investment Estrada? Turkey. According to press reports, we would be crowed out, and the economy would They do not understand why we are can afford up to $6 billion in grants and actually be worse than if there had been no stymied and why we are unresponsive $20 billion in loan guarantees for Tur- tax changes. to the growing concern they have The president has not proposed spending key, but for some reason we cannot af- reductions that would offset the tax cuts. To about the direction the economy is ford providing homeland and hometown the contrary, the administration has argued taking. assistance—direct, coordinated help— that the budget deficits resulting from the There is a growing credibility gap be- to provide the training and commu- cuts would be too small to harm the econ- tween what the President and the ad- nication and coordination required. omy. ministration says and what they do, That is a credibility gap that I think Another argument that administration of- between their rhetoric and their re- this President needs to address. ficials make regularly is that under the president’s plan, the wealthy would bear a ality. The President has taken occa- I hope we can set aside this issue of sion to go around the country to talk larger share of the nation’s tax burden than Mr. Estrada and deal with the issue they do now. A table released last month by about his concern for the economy. On about which our people, regardless of the Treasury’s office of tax analysis showed several occasions over the last couple geography, are concerned. The Presi- that people with incomes over $100,000 would of weeks, he has made his speeches dent has a plan, Democrats have pro- see their share of all income taxes rise to 73.3 about his concern for the economy and posed a plan, and there is a significant percent from the current 72.4 percent. his approach through his tax cuts. I difference between the two. There, too, At the same time, the table showed, tax- have to say, if he cared, if he was con- payers with incomes of $30,000 to $40,000 we find a credibility gap. would get a 20.1 percent reduction in income cerned, he would ask the Senate to An article was written in the New taxes, and those earning $40,000 to $50,000 take up this matter immediately. It York Times that appeared this morn- would get a 14.1 percent cut. will not be a day too soon. ing by David Rosenbaum entitled ‘‘The The problem with figures like those is that A report was released this morning President’s Tax Cut and Its Unspoken a large percentage of a small amount of that said consumer confidence is now Numbers.’’ I ask unanimous consent money may be less important to a low- mid- at a 10-year low. Consumer confidence, that this article be printed in the dle-income family’s lifestyle than a small as registered and reported through its percentage of a large amount of money RECORD. would be to a rich family. For example, a $50 index, has plummeted to 64 from a re- There being no objection, the mate- tax cut would be a 50 percent reduction for a vised 78 just last month. That is the rial was ordered to be printed in the household that owed only $100 in taxes to lowest rating since 1993, 10 years. Un- RECORD, as follows: start with, but that small amount of money employment is rising. We have seen an [From the New York Times, Feb. 25, 2003] would not significantly improve the family’s well-being. increase in the number of unemployed THE PRESIDENT’S TAX CUT AND ITS UNSPOKEN A better measure may be the increase in by 40 percent. We now have 8.3 million NUMBERS Americans out of work and 2.5 million after-tax income, or take-home pay, that (By David E. Rosenbaum) would result from tax cuts. According to private sector jobs have been lost just WASHINGTON, Feb. 24.—The statistics that data from the Joint Congressional Com- in the last 2 years. The unemployment President Bush and his allies use to promote mittee on Taxation, the tax reduction of $380 spells are lengthening, wage growth is his tax-cut plan are accurate, but many of for a family with an income of $45,000 would now stagnant, and the shortage of jobs them present only part of the picture. amount to less than 1 percent of the house- has slowed wage growth so that only For instance, in a speech in Georgia last hold’s after-tax income. But the $12,496 tax those at the very top are still experi- week, the president asserted that under his cut received by a family with an income of encing wage increases that outpace in- proposal, 92 million Americans would receive $525,000 would mean a 3 percent increase in an average tax reduction of $1,083 and that money left after taxes. flation. We now have the worst job cre- the economy would improve so much that 1.4 The president and his advisers also offer a ation record in 58 years, while State million new jobs would be created by the end variety of incomplete statistics to bolster budgets continue to be plagued with of 2004. their proposal to eliminate the taxes on deficits of close to $70 billion. Some No one disputes the size of the average tax most stock dividends. have reported even more than that. reduction, and the jobs figure is based on the Among the points they make are that We have an economic crisis that is estimate of a prominent private economic more than half of all taxable dividends are not being addressed, and while that forecasting firm. paid to people 65 and older, that their aver- economic crisis grows, there is another But this is what the president did not say: age saving from eliminating the tax on divi- Half of all income-tax payers would have dends would be $936, that 60 percent of people concern expressed to me last week by their taxes cut by less than $100; 78 percent receiving dividends have incomes of $75,000 scores of South Dakotans who are our would get reductions of less than $1,000. And or less and that up to 60 percent of corporate first responders. Our fire departments, the firm that the White House relied on to profits are lost to income taxes paid by ei- our police departments, those involved predict the initial job growth also forecast ther the companies or the stockholders.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2639 All that is true, but here is a more com- There is a lot to discuss. There is a Mr. DASCHLE. I appreciate very plete picture: great need in this country to do what much the comments of the distin- Only slightly more than one-quarter of the American people are hoping we will guished Senator from New Jersey be- Americans 65 and older receive dividends. Two-thirds of the dividends the elderly re- do, and that is take up issues they are cause I think among us all no one ceive are paid to the 9 percent of all elderly concerned about, to address the issues knows these economic issues better who have incomes over $100,000. they will rise and fall on over the than he does. Tht Tax Policy Center at the Brookings In- course of the next several months. Again, I would say to the distin- stitution and the Urban Institute calculated I cannot tell my colleagues the emo- guished Senator, this is part of that that the average tax cut from the dividend tion I feel in the room oftentimes as I credibility gap I was referring to. The exclusion would be $29 for those with in- talk to businessmen whose lips would President professes to be concerned, comes of $30,000 to $40,000 and $51 for tax- quiver, whose eyes would moisten, who the President talks about his proposals payers with incomes of $40,000 to $50,000. On the other hand, the two-tenths of 1 per- would tell me: TOM, I do not know if I to address the economy, and yet we are cent of tax filers with incomes over $1 mil- can be in business a year or two from not planning to take up any economic lion (who have 13 percent of all income) re- now if things do not change. I have not stimulus for months, I am told. It may ceive 21 percent of all dividends, and the Tax sold a piece of farm equipment in 2 be May before it comes to the Senate. Policy Center figured that their average tax years. I have seen my sales plummet How can anybody with any truthful- reduction from the dividend exclusion would more than 20 percent in the last 3 ness express concern about the econ- be $27,701. For taxpayers with incomes of months. I have no confidence about omy and say, no, but we will just do it $200,000 to $500,000, the typical tax cut from later? We will not do it this week, we the exclusion was calculated at $1,766. how we are going to turn this around, In instances where both the corporation they tell me, unless you in Washington will not even do it this month, we will and the shareholder are paying taxes at the understand that things have to be done do it sometime down the road but, yes, maximum rate, it is possible, as the adminis- to make this economy better. I am concerned. tration maintains, for 60 percent of the prof- What do we do? We come back to When they look at consumer con- its to be taxed away. But calculations based Washington and we are back in the fidence, when they look at the numbers on I.R.S. data and performed by Robert S. same old trap, talking about the same of jobs lost, when they see those plants McIntyre of the nonpartisan Citizens for Tax old thing. That will not change until close, when they see the consumer con- Justice show that on average, only 19 per- Mr. Estrada is more forthcoming. So fidence drop as precipitously as it has, cent of corporate profits are paid in taxes by how in the world can anybody in the companies and shareholders combined. we can spend time on the economy or we can spend time talking about issues world confess to be supportive of eco- Mr. DASCHLE. Mr. President, the nomic recovery and economic stimulus President talks about his plan pro- that have no relevance to the daily lives of the people of South Dakota and with numbers like that and the inac- viding 92 million Americans with an tion we see from the White House? average tax reduction of $1,083, and yet the people all across this country. Mr. CORZINE. Will the minority Mr. CORZINE. If the minority leader with closer scrutiny and attention, leader yield for a question? will yield for one other observation and with a more careful review of the facts, Mr. DASCHLE. I am happy to yield question, has the Senator noticed the we find that is not the case at all. That to the Senator from New Jersey. fact that we have lost almost another is like Bill Gates and TOM DASCHLE Mr. CORZINE. I truly appreciate the trillion dollars in market value? And averaging their income. If he and I focus on issues that matter directly to by the way, that translates into 401(k)s averaged our income, mine would be the people who live in our States and and IRAs for individuals. Those are somewhere around $39 billion. I only who live across the country. some very serious numbers, actually wish I had $39 billion to average with The Senator spoke about the indi- since this program with regard to divi- Bill Gates, but I do not. But that is the vidual business person who had not dend disclosure has been announced. method this President is using to pro- sold any farm equipment. We are clos- There is a credibility gap between the vide these average numbers with re- ing the last two autoplants in New Jer- reality of what is being suggested as an gard to the beneficiaries of his tax cut. sey over the next 2 or 3 years. They economic growth program and what is Here are the facts: 78 percent of have already cut down to one shift. actually occurring out in the real Americans are going to get less than Bell Labs, one of the great research in- world. Certainly my constituents and $1,000, and over half of all taxpayers stitutions of America, has literally the people I hear from around the will get less than $100 under the Presi- been a part of the reduction of 130,000 country and in the business commu- dent’s plan. That is right, less than jobs at Lucent, a lot of them in New nity are saying much of the same $100. That is all more than half of all Jersey. A lot of the Bell Labs people thing. I presume that is what the Sen- taxpayers will receive under the Presi- are doing basic core research, and the ator is hearing as well from the folks dent’s plan. That is fact. That is a people are very upset. in South Dakota. credibility gap. That is saying one That is what that consumer con- Mr. DASCHLE. I say to the Senator thing and doing another. That is say- fidence number is. It is incredible in from New Jersey, that is exactly what ing the average American gets $1,000 the history of real measurements of I am hearing from the people of our but actually, in fact, the average what is going on in the minds of Amer- State. As I have traveled around the American is going to get under $100. ican consumers. By the way, it is going country, I hear it in other parts of the There is a credibility gap across the on in business, too. country as well. This is a very serious board. He said his plan will create 1.4 I ask the minority leader whether he issue that will not go away, and I think million jobs by the end of 2004. saw yesterday’s survey from Man- the more we face the uncertainty of According to the same report Presi- power, Inc. They said only 20 percent of war, the more we face the uncertainty dent Bush cites by macroeconomic ad- businesses in America think they will of international circumstances, the visers of St. Louis, his tax cuts actu- add any jobs in the next 6 months, an more this domestic economic question ally have the potential to harm the indication of the kind of depth of con- is going to be exacerbated. economy in the long run, but the Presi- cern that actually exists in the busi- People want more certainty. They dent did not mention any references to ness community in conjunction with want more confidence. They want to at those parts of the report stated later consumer confidence. least believe we understand how seri- on. I applaud the minority leader for ous it is out there and we are going to The President has said eliminating making sure we are being focused to do something to address it. And what the double taxation of dividends is have a debate about something that do we do? We come back after a week’s good for enhancing the lifestyle of mil- matters to people’s lives, and I hope we break and not one word about the econ- lions of Americans all across the coun- can bring forth a real debate about a omy from the other side, not one word try. The reality is that only 22 percent stimulus program to get our economy about the recognition of how serious of those with incomes under $100,000 re- going, put people back to work because this problem is. We are still talking ported any dividend income in the year that is where real concerns seem to be. about the Estrada nomination. 2000. The average tax cut from the divi- I presume that is the kind of question UNANIMOUS CONSENT REQUEST—S. 414 dend exclusion would be $29 for those the Senator is receiving in South Da- I ask unanimous consent that the with incomes below $40,000. kota. Senate proceed to legislative session

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2640 CONGRESSIONAL RECORD — SENATE February 25, 2003 and begin the consideration of Cal- going to do about it? What will the ma- name, address, and maybe my employ- endar No. 21, S. 414, a bill to provide an jority do about it? What message are ment history, but that is it, you have economic stimulus package. we going to send to those people to to make a guess as to the rest of my The PRESIDING OFFICER. Is there whom we must show some empathy if, qualifications because I am not telling objection? indeed, these conversations with our you, I would say to that prospective Mr. HATCH. Mr. President, I object. constituents mean anything at all? employee, come back when you can fill The PRESIDING OFFICER. The ob- That is why it is imperative we are out the full application. That is what I jection is heard. cognizant of the message we send would say. That is what every em- Several Senators addressed the today, tomorrow, the next day, and the ployer in this country would say. Chair. next day. Mr. DASCHLE. Mr. President, I be- Remarkably, when I went home last As this economy worsens, we spend week and explained the issue to my lieve I still have the floor privilege. our Senate time totally consumed with The PRESIDING OFFICER. The constituents, they said: That sounds one nomination having to do with a Democrat leader still has the floor. fair. That sounds reasonable. If an ap- Mr. DURBIN. Will the Senator from circuit court nominee for the District plicant for a lifetime position on the South Dakota yield? of Columbia. This is the third week we second highest court of the land is not Mr. DASCHLE. I yield to the Senator have been on it. We can resolve this willing to fill out his job application, from Illinois. matter if Mr. Estrada will come forth how in the world should we consider Mr. DURBIN. I thank the minority with the information. But if he will that nominee as a bona fide applicant leader for coming to the floor, and I not, let’s move to something else until for the position in the first place? hope those who are following the de- he does. That, again, is a diversion from what I bate understand what just happened. Mr. DURBIN. Will the Senator yield? think most people are concerned about. The minority leader of the Senate has Mr. DASCHLE. I yield to the Sen- They are concerned about this, and asked this Senate to move to the issue ator. they want fairness, but they are a of the state of America’s economy, Mr. DURBIN. I have followed this de- whole lot more concerned about wheth- that we take up immediately the ques- bate on a daily basis. If I am not mis- er they will be giving job applications tion of what we can do to save busi- taken, the Senator from Utah, Mr. to anyone in their State in their cir- nesses, create jobs, and I think foster BENNETT, came to the floor with a posi- cumstances because they are doing the some hope in America. tive and constructive suggestion. He opposite. said that this nominee, Miguel There was an objection immediately We do not have lifetime applications Estrada, should produce the written from the Republican side of the aisle. for jobs in South Dakota because the documents from his experience work- They do not want to discuss this issue. economy is very soft. If anything, we ing for the Department of Justice, I ask the minority leader the fol- are losing jobs in South Dakota. So working for the Supreme Court. In lowing: Since he has been home—and I while we talk about 1 job for the cir- fact, he even suggested at one point have been in communication with the cuit court, we have lost 2.5 million jobs they be produced so they can be re- people of my State of Illinois—is it not in the last 2 years in this economy. viewed carefully by both the Repub- a fact now that we have reached a That does not make sense. That is lican and Democratic leaders of the point where our economy is dissem- what the American people want us to Senate Judiciary Committee and then bling, our foreign policy is in disarray, address. and this Congress is totally disingen- a determination be made as to whether there should be followup hearings or Mr. DURBIN. If the Senator will uous, it ignores the reality of the chal- yield for a last question, many people lenges facing America today? I also ask questions and ultimately a vote so there would be disclosure. This sugges- on the other side suggested we are the minority leader if he would tell me picking on Miguel Estrada, we have fo- what he believes we should be debating tion did not come from a Democratic Senator; it came from a Republican cused on this man, a Hispanic nominee, at this point in time to do something and this is somewhat personal in terms about turning this economy around Senator, Mr. BENNETT of Utah. I thought it was a fair suggestion to of what we are trying to achieve. and bringing hope back to America. I ask the Senator minority leader, is Mr. DASCHLE. I thank the Senator break the logjam, to resolve this nomi- it not our constitutional responsibility from Illinois for his observation and nation up or down, and to move on to to establish a standard and process to his question. If we go home—and I the people’s business. apply to all judicial nominees so that know the Senator from Illinois was Can the Senator from South Dakota, there is full disclosure from them as to just home as well—there are two issues our minority leader, tell me whether who they are, what they believe, their on the minds of virtually every Amer- that suggestion of producing those doc- values, so if they are given a lifetime ican right now. I was asked questions uments really is consistent with what appointment on the court, we at least everywhere I went pertaining to the we are trying to achieve so we can once know, going in, who these people might Senator’s first question, and that, of and for all give Mr. Estrada his fair be. Is it not also the fact, as the Sen- course, is what is going to happen in hearing and final determination? Is ator from South Dakota has told us, Iraq? We generally have an idea of that what this is about? that Miguel Estrada has consistently what may evolve over the course of the Mr. DASCHLE. That is exactly what refused to do just that, consistently re- next few weeks, and there is not much this is about. I thank the Senator for fused to answer the questions, consist- that South Dakotans can do about asking the question. It is no more com- ently refused to disclose the docu- that. plicated than that. The second question is, What is going On a bipartisan basis, Republican and ments, consistently refused to tell us to happen to my economic cir- Democrat Senators have said we need who he is as he seeks one of the highest cumstance? the best information that can be pro- Federal judicial appointments in the I talked to one businessman who had vided by any nominee before we are land? to lay off a couple of his employees, called upon to fulfill our constitutional I ask the Senator from South Da- and it hurt him dearly. They had obligation. That is what we are sug- kota, is this an issue which goes be- worked for him for a long period of gesting. We need that information to yond Miguel Estrada and calls into time. He said: Tom, I have no choice. make the best judgment. That informa- question the constitutional responsi- I talked to people who had their tion is being withheld. bility of the Senate when it comes to health insurance dropped, in part be- If I had an applicant for a job in my judicial nominees? We have approved cause business was so bad their em- office and I said, I want you to fill out 103 Federal judges for this Republican ployer could no longer sustain the cost this application and I will be happy to President, and I have voted for the incurred of paying their health insur- consider your qualifications for em- overwhelming majority of them. Are ance. They said: We understand, but at ployment in my office, and he or she we not in this discussion trying to least we got to keep our job. said, I don’t think I will fill out the raise the fundamental issue of equity But what are you going to do about second and third page, I will give you and process as to the responsibility of it? That is the question. What are we the front page, I will give you the the Senate under the Constitution?

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2641 Mr. DASCHLE. The Senator from Il- from going forward to other issues, they need so badly. They do not have linois has said it very well. That is ex- whereas the Republicans are eager to that either. That, too, would be eco- actly what this is about. At one level, go to other issues. nomic in many respects, if we can pro- this is about fulfilling constitutional The real truth on this floor is, first of vide that assistance. But it is not being obligations. This is about following all, that we have asked just now to go provided because it is not being given precedent. This is about making sure to economic issues, that last week the attention. Therein lies the credi- there is fairness as we consider these when the Republican leadership—they bility gap. Something is said and noth- nominees for all courts, but especially run the show—decided to bring up this ing is done. There is a big difference for courts at that level. omnibus budget, the Estrada nomina- between rhetoric and reality when it This is also about something also, tion did not stand in the way. We did comes to this administration and many about the management of the Senate. it. We voted in one fell swoop for the of our colleagues on the other side. While the Senate has been concerned entire Federal budget, and, in fact, last Mr. SCHUMER. If my colleague will about one job for the last 3 weeks, a lot week this floor, because the Republican yield for just one final question, might of us are saying we ought to be con- leadership chose to do so, actually it not be fair to say that it is not the cerned about the 8.3 million jobs we do voted on three other judges who I be- Democrats filibustering to prevent not have in this country today as a re- lieve passed unanimously, if not close Estrada from coming forward for a vote sult of disastrous economic policies on to unanimously. And the filibuster, in but, rather, the Republicans are fili- the part of this administration, 2.5 mil- a sense—in a very real sense—is not bustering until they get the vote on lion of which have been lost in the last being conducted by the Democrats but Estrada, which they have so far refused 2 years. We spend our time talking rather, led by my capable and good to call for? Is that an unfair character- about one job; there is no talk on the friend from Utah, by the Republicans, ization? other side about all of those millions of and we would be happy to move on to Mr. DASCHLE. That is exactly what jobs lost in this country because there other issues that are pressing, that are happened this morning. If we were fili- is no economic policy. on people’s minds, and maybe come bustering we would not have suggested What we are suggesting this morning back to this issue at some point when that we get off the issue. A filibuster is is that there ought to be some consid- we get the requested material. to prolong the debate. We want to end eration for those jobs, too; that to be Just to rephrase my question, who is the debate. We want to move on to consumed by one job and not con- really preventing us from moving for- something far more pressing to the sumed, or at least willing to address ward? Who is filibustering? Why are we people of this country than the one job. those millions of other jobs, is some- staying on this issue? Is that the Sen- We want to talk about those 2.5 million thing I cannot explain to the people of ator’s choice as the leader of the Demo- jobs that we have lost. Therein lies the my State or to the people of our coun- crats or is that the choice of our good issue. try. I hope our Republicans will do friend from Tennessee as leader of the I hope the Republicans will bring this something along those lines in the not Republicans? debate to a close so long as it doesn’t too distant future. Mr. DASCHLE. I think the Senator appear that Mr. Estrada is willing to Mr. SCHUMER. Will the Senator from New York put his finger on ex- cooperate. At such time as he is pre- yield? actly the question. We just attempted pared to do so, we can take this matter Mr. DASCHLE. I am happy to yield. to move on to something else. We were up again. But in the meantime, we Mr. SCHUMER. Two questions. I prevented from doing so. It is not just ought to be concerned about those mil- want to follow up again on what the something else but perhaps the single lions of jobs that continue to be lost Senator from South Dakota said in the most important domestic issue facing because of congressional inaction and dialog with my colleague from Illinois. our country today. Yesterday, the re- because of a failed economic policy on First, I know the Estrada judge issue quest was made and agreed to that we the part of the administration. has gotten a lot of attention in the take up the Hatch-Leahy PROTECT Mr. SCHUMER. I thank the leader. newspapers. When I go back to my Act, as we should have agreed. I am Mr. CORZINE. Mr. President, will the State of New York, virtually no one glad that we were able to take it up distinguished minority leader yield for asks me about it—very few people. I and pass it. one more question? get lots of people asking about the war The Senate has demonstrated the Mr. DASCHLE. I am happy to yield. and also about the economy and jobs. ability to move off this legislation Mr. CORZINE. Mr. President, I asked Is that particular to New York because when it sees fit. We did it just yester- questions earlier about the private sec- we had September 11 or is the same day. As the Senator from New York tor. I think we have all 50 Governors thing happening in South Dakota? suggests, we did it again a few weeks from across this Nation now in the Na- Mr. DASCHLE. I say to the Senator ago with passage of the omnibus legis- tion’s Capital. I know many of them from New York, before he came to the lation. We are capable of moving off come to visit their Senate representa- floor, I began my comments by report- the bill and dealing with the other tives and their congressional representing conversations I had with people issues. I can’t explain why we have atives. I wonder if the minority leader back home last week. I was moved by chosen—why our Republican colleagues has had one single Governor approach the comments, by the reports, by the have chosen—to stay on this legisla- him with respect to the Estrada nomi- emotion I felt as I talked to people tion even though we know there are so nation or whether he has had one sin- whose businesses, whose jobs, are per- many more pressing issues that ought gle or multiple Governors come and haps more precarious than they have to be taken up. I can’t explain their in- talk about the state of their fiscal af- been for years. All the statistics bear transigence. I can’t explain why they fairs in their State governments and that out. Consumer confidence is the want to prolong this debate. I can’t ex- their unbelievable difficulty in trying lowest in 10 years, the number of those plain why they are unwilling to con- to maintain employment and support unemployed going up by millions in the sider the 2.5 million jobs rather than in Medicaid and all the other issues. I last 2 years; every economic indicator the one job that we continue to debate was just wondering if the minority is pointing to the growing crisis we on the Senate floor. That is inex- leader has had any discussions with face in the economy. plicable to me. them about Judge Estrada versus the Yet what do we do? We find ourselves I just hope the American people un- sake of the economy—or homeland se- once again most likely scheduled for derstand. We have come back after lis- curity for that matter. the entire week, debating 1 job rather tening to our people. They made it Mr. DASCHLE. I think the Senator than the 2.5 million jobs lost just in clear to us what they want us to take from New Jersey asked the question the last 2 years alone. up. They want us to deal with the econ- that makes the point. The answer is Mr. SCHUMER. If my colleague will omy. They want us to deal with the absolutely no. Our Governors, of yield for another question, we have real problems we have with homeland course, are hearing from the same peo- seen in the newspapers the talk that security and the lack of training, the ple we are hearing from. They are con- the Democrats are filibustering, that lack of communication and the lack of cerned about the status quo. Someone Democrats are preventing the Senate good technology and equipment which once told me the status quo was Latin

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2642 CONGRESSIONAL RECORD — SENATE February 25, 2003 for the ‘‘mess word.’’ Their concern for want to do it—is allow a vote up or nominee then appear before the Judici- the ‘‘mess word’’ and this mess con- down. They don’t like Miguel Estrada ary Committee to answer the questions tinues to be compounded by a budget for one reason or another. Some of which he failed to answer in his con- deficit that grows by the month. We them are perhaps sincere reasons. I firmation hearing and any additional are told now that we could exceed $70 think other reasons are that they questions that may arise from review- billion. Some have suggested that the think he is just an independent His- ing such documents. figure could be as high as $100 billion in panic. Frankly, they do not like him. Mr. HATCH. Parliamentary inquiry. debt. They are struggling with their Vote him down, if you want. They have The PRESIDING OFFICER. The Sen- own budgets in part because of the that right. If they feel sincerely that ator from Utah has the floor. mess we created for them in Medicaid, they are right in voting him down, vote Mr. HATCH. Can you amend a unani- in education, in homeland defense, un- him down. But let us have a vote. I mous consent request? It is my under- funded mandates, and the sagging have heard the distinguished Senator standing that you can’t. economy, and no real economic plan in from Illinois ask, Why doesn’t Mr. Mr. REID. Of course you can. Abso- place. Their message in coming to Estrada produce those papers? He is lutely. We do it all the time. Washington is: Fix it; help us address not in the Solicitor General’s Office. Mr. HATCH. Not if we object. The PRESIDING OFFICER. The Sen- this issue and be a full partner recog- He is not the Attorney General of the ator from Nevada can ask the Senator nizing that you, too, have a full respon- United States. He is not the Chief from Utah to modify his request. sibility to engage with us in solving Counsel of the White House. He hasn’t Mr. HATCH. Well, I refuse to modify this issue. controlled those papers. As far as he is it. I think we ought to vote up or down. I think if you took a poll of all 50 concerned, he is proud of his work and Look, if you folks are sincere on this Governors, should we stay on the they could be disclosed. The problem is other side—and, my goodness, I have to Estrada nomination or should we ad- seven former Solicitors General—four believe you must be, although I think dress the economy and these budgetary of them are Democrats—said you can’t if you are not, it is the most brazen questions, it would be unanimous—Re- give those kinds of papers up because it thing I have seen in a long time to publican and Democrat—they would would ruin the work of the Solicitor come here and act like the whole world say no; fix the economy and help us General’s Office. is being held up because we want to fill solve our own financial and fiscal prob- Look, if they are sincere and they one of the most important judge seats lems. Do not be as consumed as you are really want to get on to the budget in this country. And we want to do it about one job until you solve the prob- work they never did last year, the ap- with a person who has had this much of lem for those 2.5 million jobs that propriations work they never did last a transcript of record, who has this haven’t been addressed. year—we had to do it—then just vote. much of a paper trail that they have Mr. CORZINE. I join with my col- It is tough work. By gosh, it is tough been able to examine, who has had 2 leagues on this side of the aisle in com- to come up with a budget. I know the years sitting here waiting for a stink- plimenting the leader and for rating distinguished Senator from New Mex- ing solitary vote. this issue one job versus 2.5 million ico has had to go through a lot of tor- Mr. REID. Parliamentary inquiry. jobs. We have a major issue in this ment and criticism year after year to Mr. HATCH. Why not give him a country with regard to our economy, come up with a budget. But he always vote? and that is at the top of our agenda. did, and we always did. We were ma- The PRESIDING OFFICER. Is there Mr. DASCHLE. I yield the floor. ligned by the other side because we objection to the request of the Senator Mr. HATCH. Mr. President, I have were never good enough, because we from Utah? heard these crocodile tears on the had to live within the budget con- Mr. REID. I object. other side. It is amazing to me because straints. When they found that they Mr. HATCH. Oh, my goodness. they know what a phony issue is—the had to live within the budget con- Several Senators addressed the request for confidential and privileged straints, they skipped a beat and Chair. memorandum from the Solicitor Gen- missed doing the budget. The PRESIDING OFFICER. The Sen- eral’s Office—and they are building Here they are coming in here with ator from Utah has the floor. their whole case on that. All they have crocodile tears saying a circuit court of Objection is heard. to do to go on to anything else in the appeals judge is not important enough. Mr. HATCH. Mr. President, the dis- Senate is to exercise the advice and Well, if he is not, vote him down, let’s tinguished minority leader said that consent that the Constitution talks have a vote, and let’s vote him down. half of the American people are only about; that is, to vote up and down. If Now—— getting $100 out of this tax cut. I hap- they feel as deeply as they do about Mr. SCHUMER. Will my good friend pen to know, the people who are at the these, I think, spurious arguments that yield for a question? $40,000 level are getting about a $1,000 have been made just in the last few Mr. HATCH. If I could finish. I am tax cut. Just understand, the top 50 minutes—by the way, made by people wound up right now. I would like to un- percent in our society pay 96-plus per- who had all of last year to come up wind a little bit before I yield to my cent of the total income taxes in this with a budget, and for the first time in dear friend. country. So that is another phony ar- this country couldn’t even do that. The And to say that we are filibustering gument. reason they didn’t is because they because we are trying to get a vote on I have to say, there are 52 million knew it was pretty tough. They criti- this? Why don’t we just do that? Why people in the stock market who have cized us all these years for coming up don’t I just—I ask unanimous consent wanted dividends in spite of the rep- with these tough budgets because we that we proceed to a vote on the resentations that were made here. And had to make the decisions. Senator Miguel Estrada nomination, so we can in this downturn in the economy, per- DOMENICI from New Mexico has had to get to all these important budget mat- haps they have not been able to get make tough decisions as Budget Com- ters. It would be a quick way of doing dividends because the companies have mittee chairman. We always came up it. And those who do not like Miguel not done well. But this downturn start- with a budget, as tough as it was. We Estrada: vote him down. Those who do: ed in the year 1999 or 2000. This Presi- are criticized all the time for not hav- vote him up. I ask unanimous consent dent was not the President at the time. ing enough money for the poor and this that we proceed to a vote on Miguel He has inherited these problems. and that and everything else, every Estrada. I just have to say that for people who phony argument in the books. Yet The PRESIDING OFFICER (Mr. SES- never passed a budget last year, and when they had the opportunity and saw SIONS). Is there objection? did not pass hardly any of the appro- how tough it is to come up with a budg- Mr. REID. I ask to amend the unani- priations bills, to come in here and use et, my gosh, they did not do it, nor did mous consent request, that after the these crocodile tears, that this is some- they do all those appropriations bills Justice Department provides the re- how holding up our economic where- that we had to do once we took over. quested documents relevant to Mr. withal in this country, when they All they have to do to go on to these Estrada’s Government service, which refuse to allow a vote, as we just saw— wonderful economic issues—and we all were first requested in May 2001, the I think there is something wrong here.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2643 Just remember, even the Washington Mr. HATCH. There is a lot more than chance to do it. You didn’t do it. Now, Post said, ‘‘Just Vote.’’ Just vote, fel- a transcript here. after the fact, 2 years later, this man lows and ladies. All you have to do is Mr. SCHUMER. I know. I ask my col- has been sitting there, waiting for fair- vote. If you don’t like Miguel Estrada, league, does Miguel Estrada talk about ness, being treated totally unfair, and vote him down. how he feels about the 1st amendment, he can’t get—my gosh, he can’t get a The reason they don’t want a vote, or the 2nd amendment, or the 11th vote up or down, which is what the and the reason this is a filibuster, is amendment, or the commerce clause, Washington Post says we should do. that they know Miguel Estrada has the or the right to privacy, or all the major Mr. SCHUMER. Will my colleague votes here on the floor to be confirmed. issues that he will rule on for the rest yield for a question? And for those who think that the of his life if he becomes a judge? And if Mr. HATCH. I know Senator DOMEN- economy is everything, let me just he does not, other than to say, ‘‘I will ICI has been waiting a long time. make a point. The judiciary is one- follow the law’’—and we all know Mr. SCHUMER. Sir, I was waiting third of these separated powers. If we judges follow the law in different longer than Senator DOMENICI. If my don’t have a strong judiciary in this ways—then why isn’t what is good for colleague will yield? country, we will never have a strong the goose good for the gander? Mr. HATCH. No. Senator DOMENICI economy because the Constitution In other words, when it was a Demo- has been waiting for well over an hour. And, well, I am not yielding the floor. would not be maintained. I would have cratic nominee—and this is not tit for Several Senators addressed the to say this body has not maintained it tat. My colleague, who cares about the Chair. through the years, as I have seen un- judiciary, said he needed extensive The PRESIDING OFFICER. The Sen- constitutional legislation after uncon- questions. We didn’t get that oppor- ator from Utah has the floor. stitutional legislation move through tunity because, as my colleague well Mr. DOMENICI. Mr. President, might here. It isn’t this body that has pre- knows, Mr. Estrada just said, on every I ask the distinguished Senator from served the Constitution, nor has it issue asked, ‘‘I will follow the law.’’ Utah how much longer he intends to been the executive branch. We have Mr. HATCH. Ask a question. speak on this round? seen a lot of unconstitutional things Mr. SCHUMER. My question to my Mr. HATCH. Well, I yield the floor. over there over the years, although I colleague is—— Several Senators addressed the believe people have tried to sincerely The PRESIDING OFFICER. The Sen- Chair. do what is right. But it has been the ator from New York will place a ques- The PRESIDING OFFICER. The Sen- courts that have saved this country tion. ator from New Mexico. and the Constitution. Mr. SCHUMER. Why shouldn’t we be THE ECONOMY Mr. SCHUMER. Will my colleague accorded the same right, as he es- Mr. DOMENICI. Mr. President, I yield for a question? poused in his speech in 1997, to get all would like to discuss for a few minutes Mr. HATCH. I will. Let me make one the details to this appointment to the with the Senate, and those who are in- more statement. second highest court of the land, which terested in what we are doing here, It has been the courts. This is an im- is going to have a lifetime—Mr. first, the issue of the American econ- portant position, and if we are going to Estrada has a job now; but this is a dif- omy and what we ought to be doing have to go through this on every cir- ferent job—a lifetime appointment about it because the other side of the cuit court of appeals nominee because that will affect everybody? Why is the aisle—the Democratic leadership in the the other side just doesn’t like them— one different than the other? Senate—has decided that they are not they don’t have a good, valid reason for Mr. HATCH. Regular order, Mr. going to permit us to vote on a most voting against Miguel Estrada, other President. eminently qualified nominee, whose than this phony red herring issue about The PRESIDING OFFICER. The Sen- qualifications I will discuss shortly. the Solicitor General’s Office, which I ator from Utah has the floor. They come to the floor and discuss don’t think anybody in their right Mr. HATCH. Look, I don’t withdraw an issue—to wit, the American econ- mind would buy. that statement. That statement is an omy and the plight of the American ‘‘Just Vote,’’ the Washington Post important statement. The distin- worker—as if they can do something said. guished Senator from New York and about that problem, as if they have a I will be happy to yield to my col- his colleagues had almost 2 years. The solution to the economic woes in this league. distinguished Senator from New York country, as if they could do something Mr. SCHUMER. I thank my colleague. And conducted this hearing. The distin- in the Senate that would help the I know he feels passionately about this. guished Senator from New York said it working people. Many of us feel passionately about this. was a fairly conducted hearing. The They have no plan. The plans they Mr. HATCH. More than passionately. distinguished Senator from New York have submitted are, according to most Mr. SCHUMER. I would like to ask had a right to ask any questions he economists, far inferior to the only the Senator two questions. wanted. He did. The distinguished Sen- plan we have, and that is the plan of The first question is this. My col- ator from New York had a right to ask the President of the United States. league said, in a very well done written questions. He did not. Nobody should be fooled by this dis- speech—I read it—before the Univer- He could have asked: What do you cussion. We can take to the floor for sity of Utah Federalist Society, in 1997: think about the 11th amendment? Lis- the next 5 weeks and have speeches by Determining which of President Clinton’s ten, that is a question that is almost the other side of the aisle claiming nominees will become activists is com- improper because you are saying—— that they are concerned about the plicated and it will require the Senate to be Mr. SCHUMER. Could I ask my col- working people, that we have problems more diligent and extensive in its ques- league to yield? in the economy, but none of that will tioning of nominees’ ‘‘jurisprudential Mr. HATCH. Let me finish answering do anything to help the American peo- views.’’ your question. He could have asked: ple. If we know how to help them, we Now, in fairness to my friend—— What do you feel about the first have to do something. And to do some- Mr. HATCH. Does the Senator have a amendment? Are you kidding? That is thing, we have to act in the Senate and question? not a question that should be asked a the House or the President has to act. Mr. SCHUMER. I have a question. I judicial nominee. And any judicial As a matter of fact, the Budget Com- am coming to it. In fairness, the Sen- nominee would answer: What I feel is mittee, which is currently chaired by ator just said how important the judi- irrelevant—which is the way he an- the distinguished Senator from Okla- ciary is. swered it. It is what the law says. homa, Mr. NICKLES, which I used to Mr. HATCH. That is right. Frankly, he answered that time after chair, and which 3 years ago was Mr. SCHUMER. Now, in those papers, time after time on question after ques- chaired by a Democrat because they the books that my colleague has held tion after question. were in control, has to produce a budg- up—I have read them. I read the whole Where were the written questions of et before we can do anything. transcript. I was there for much of it. I the distinguished Senator from New So in response to all the rhetoric, we chaired that hearing. York? They were not there. You had a can take no action until we have a

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2644 CONGRESSIONAL RECORD — SENATE February 25, 2003 budget that lays forth what we will do, about the economy because we don’t I am hopeful that before we are fin- when we will do it, and how we will do want the Senate to vote on the issue ished, good leaders on that side of the it. that is justifiably before us—to wit, aisle, including the distinguished mi- I submit that the chairman of the whether or not Miguel Estrada is enti- nority leader, will exercise some com- Budget Committee this year will tled to have a vote. mon sense about the future of the Sen- produce a budget on time. It will come I thought it might be interesting to ate and the appointment of Federal to the floor on time. I predict it will be look at a few comparisons. I took some judges. The future of this institution as passed on time, as compared with last of these judges who sit on the DC Cir- an institution that is supposed to look year when the other side of the aisle cuit. Let’s see how they compare with at the Presidential nominees and work was in charge of the budget. They pro- the nominee and what happened to with Presidents and then indicate duced no budget. They came to the them as they came before the Senate. whether we want to approve them or floor and said: We can’t produce it be- We have Karen Henderson, appointed not is in real jeopardy because they are cause it is too hard and we don’t have by George Bush; we have Justice Rog- about to say that from this day for- the votes. So we did nothing. Isn’t that ers and David Tatel; then we have ward, because of their stubbornness spectacular, that the leadership on Miguel Estrada. Let’s look at a com- about this nominee, they are going to that side of the aisle, the last time parison. These judges are there on the change the rules so that judges will they were charged with doing some- bench, they were appointed and con- need 60 votes, not the majority rule thing for the American people with a firmed. Here is one from Duke Univer- that we thought existed. budget, punted? They punted. They had sity, Judge Henderson, who attended I will not yield to my good friend. I no plan. They produced none. the University of North Carolina Law see him standing out of the corner of Today, when we have a bona fide School. It is interesting, as far as other my eye, and I will save his words. issue that we can do something about— things are concerned that those can- Please understand, I will yield soon. that is, appoint a circuit court judge didates did to prepare them to sit on So what they would like to do is to who is qualified—they have the effron- the bench, such as Circuit Court clerk- change from 51 votes being necessary tery to come to the floor and engage in ships, Supreme Court clerkships, and to approve judges of the United States a discussion as if a discussion about Federal Government service. Look, under our Constitution—because of the plight of the American worker these others had none. Yet, they were what I perceive as nothing more than would solve the problems of the Amer- deemed to have had adequate experi- an unfounded fear—and you know, ican worker. What will their discus- ence to go on the bench. And Miguel their fear is not the one that has been sions do for the American worker? Do Estrada is not. expressed. Their fear is that this young they have some grand plan they want Look at what he has done compared man will be a great judge and, besides to come down here and talk about? to them. Just look at the list. Obvi- that, he is Hispanic, whether you want They have been doing it in spite of ously, he graduated from a comparably to argue, as some would, that a Hon- whatever the debate is. They have been good law school. His is Harvard. One of duran who is Hispanic is not Hispanic, talking about whatever plan they had. theirs was Chicago. One of theirs was which is a most incredible argument. If I have not seen it foment any great en- Harvard. One was North Carolina. And we were to start that across America thusiasm on the part of those who are then look at all the other things he has when we are talking about Hispanics, worried about the American economy, done. Yet they say he is unqualified. we are going to have to decide which unless it is themselves talking to But these two—these three get ap- one is Hispanic, and if a Honduran with themselves. I have heard no great pointed. They are serving, and they are his family name is not one, as some group of American economists saying: apparently qualified. would say on that side of the aisle, that Boy, they have a great plan to help the Look at the really important issue. is pure, absolute lunacy. American workers. Quite to the con- Look at how long it took this judge trary. from the time her name was submitted So they are going to say we don’t There is only one plan around that to take her seat on the bench—51 days. want him there, but it is not because has significant support. And if they No aspersions on this judge. She must they fear him as a circuit court judge. want to change it, they will have their be great. She got there in 51 days. But They fear him because he is then, if he opportunity. But it will not get she had none of the experience Miguel sits on the circuit court, a legitimate, changed with speeches. It will get Estrada had. She graduated from a potential U.S. Supreme Court member. changed when the bills come to the good law school, certainly. And she We have not had one who is Hispanic. floor. They will be here in due course. went to an undergraduate school, got a They are frightened to death. While all As a matter of fact, they will be here degree at Duke, a great university. of their fear is illegitimate, some of it faster than they ever got here when the But how about experience, the expe- is selfish fear because they think their Democrats were in control. rience of being part of the Attorney party should be the one that nominates We have a commitment from the General’s Office of the United States, a Hispanic who would be on the U.S. chairman of the Budget Committee which this candidate did under a Demo- Supreme Court. They think that be- that it will be here on time and that it crat and a Republican, a circuit court cause Hispanics are predominantly will be a plan that will be voted on by clerkship, Supreme Court clerkship? members of the Democratic Party, that committee and presented to us so They had none of that, and look at how they should be the party that puts into we can vote on it on behalf of the quickly they got appointed: 51 days, 113 position a Hispanic who might go to American people. That side will have days, 108 days. Look at Miguel Estrada: the highest bench in the country. their chance to amend it, if they can. 650 days and counting since he was rec- I believe that is a terrific burden to That is what we are going to do. We are ommended until today while they con- place on this young man, who at this going to start that and then move it tinue to say: No vote. early age has accomplished more, by right along. We will move it more expe- Again, we have a lot of time in the way of experience, legal accomplish- ditiously than it has ever been moved Senate. So the Democrats can come ments, and academic accomplishments, before because we have the will, we down here this afternoon, and nobody than any of the members sitting on the have the leadership in the White is going to keep them from debating circuit court today. House, and we understand that we have the economy. If they want to equate a I finished talking about those judges to produce a budget resolution with the debate in the Chamber of the Senate who were far less experienced and how requisite mandates to the committees about the economy and call it 2 million long it took them to become judges. of the Senate to reduce taxes in what- to 1, or whatever words they were Now I will take these judges who have ever way we collectively want, be it using, let them have it. It doesn’t do comparable experience to Miguel the President’s wishes or some other anything to help the American people Estrada. I find that by looking in the plan. But we have to do it—not speech- and the working man. What it does is records and seeing what they did. In es, not coming down here and creating detract from the fact that they want to addition to the law schools and under- something sort of a let’s have another change the precedent of this institu- graduate, it looks like circuit court showdown here on the floor, let’s talk tion. clerkships, looks like Supreme Court

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2645 clerkship, looks like Federal Govern- their way of honoring Presidents’ Day. The ceed to quote the distinguished Demo- ment service are pretty much equiva- annual recess suspended their filibuster cratic Senators who have in the past lent to what Miguel Estrada has. Look against a federal judgeship vote. The Dems stated that we should not filibuster here, it took only 15 days from the are making an unwarranted stand, and an Federal judge appointments. They cite unseemly fuss, over the nomination of time of nomination to confirmation. Miguel Estrada to the U.S. Court of Appeals TED KENNEDY, our distinguished Senate Raymond Randolph, appointed by for the D.C. Circuit. colleague, and PATRICK LEAHY, our dis- George Bush, attended Drexel Univer- The filibuster—protracted talking under tinguished colleague, and they quote sity; graduated from Pennsylvania Law senatorial privilege—had consumed a week from them as to why we should not use School, summa cum laude, much like of debate about Estrada before the senators a filibuster when it comes to the ap- Miguel Estrada; who was a circuit left town. Now they’re gravitating back to pointment of judges. court clerk for a Second Circuit Judge; the Potomac, and the Dems can hide no Of course, the editorial asks, Why longer. Resumption of their verbose balking Assistant Solicitor General and Deputy now? The editorial proceeds to talk will make them look ridiculous—at a time about this young judge and his great Solicitor General. That is much like when the nation needs statesmen to stand up Miguel Estrada. It took 66 days from against the White House warmonger and his qualifications. It indicates that we nomination to vote. A comparably partisans commanding Capitol Hill. should not make this mistake in equipped nominee, it took 66 days. The Democrats have chosen a particularly changing what we have been doing for Another one is Merrick Garland, ap- poor target: Estrada, who came from Hon- so many years and create a 60-vote re- pointed by President Clinton, graduate duras as a boy and went on to lead his law quirement for a judgeship. of Harvard, summa cum laude; Harvard class at Harvard, is better qualified than Then the third article is from the many a Democratic appointee now holding Law School, circuit court clerk, special largest newspaper in the State—the Al- life tenure on one federal bench or another. buquerque Journal. They have a very assistant—very much the same as But after confirming so many less-quali- Miguel. That took only 71 days. Isn’t fied judges while they held power, Estrada’s lengthy editorial piece. The headline is that amazing? Very comparable cre- senatorial tormentors now offer ‘‘reasons’’ ‘‘End Filibuster, Put Court Nominee to dentials. This man has been waiting 650 why he shouldn’t be confirmed; too young; Vote.’’ That is the daily Albuquerque days—Miguel Estrada—and it is con- too bashful about answering leading ques- newspaper. They merely conclude that tinuing day by day. tions; appointed only because he’s Hispanic— the time has come. That is from my I don’t get a chance to come down or, to some senators’ way of thinking, not home State. I suggest when you put the Hispanic enough. three together, they have gotten the here as frequently as some, although What really rankles with the Democrats, Senator NICKLES and I agreed many though, is Estrada’s politics. He’s a conserv- message very well. They have heard months ago that we would be special ative. Surprise, surprise; we’ve got a con- both sides. They quote arguments friends to Miguel Estrada and help him servative president, and it’s the president made on the other side and find them as he moved through here. He has so who makes the appointments to the federal without merit, and they proceed to in- many helpers in a job that is very sim- judiciary. dicate that, without question, the time As the party on the outs, the Dems had ple. Senator NICKLES spoke yesterday has come to have a vote. better get used to like-minded appointments and he referred to that special kinship. I ask unanimous consent that those from the president. If their game-playing two articles be printed in the RECORD. I haven’t been here as often as some goes on, a disgusted American public might but I have heard some very good There being no objection, the mate- keep George W. Bush in office for the next rial was ordered to be printed in the speeches. I heard some very good ef- six years. The country certainly didn’t see forts on the part of the other side of any reason to balance Bush against a Demo- RECORD, as follows: the aisle to justify the delays that are cratic Congress when it had a chance just a [From the Albuquerque Journal, Feb. 24, taking place. Some have wondered few months ago. With their spiteful behavior 2003] whether it does any good for Repub- toward Bush appointees, the Dems aren’t ex- END FILIBUSTER, PUT COURT NOMINEE TO actly gaining goodwill. VOTE licans to insist that this man be given If they find the Republican so repugnant, What the Colt revolver was on the dusty an up-or-down vote, and that whatever let ’em vote against him; at least they’ll be streets of the Old West, the filibuster is on is occurring on the other side of the putting their ideals—or their party colors— the floor of the U.S. Senate: The great equal- aisle—I have given you four or five rea- on display. But this is no Mr. Smith against izer gives 41 senators the ability to bring the sons it may be occurring—but I suggest some diabolical establishment; it’s a bunch chamber’s business to a halt. our effort is doing some good. of sore losers making themselves even more The tactic should be unholstered only on I will tell you that in my State three so. issues of high principle or grave importance. newspapers over the weekend an- To break a filibuster by cloture takes 60 Considering the issues currently confronting senators. The Senate’s 51 Republicans need Washington, the judicial nomination of nounced in open and bold editorials nine of the 48 Democrats, or eight of them Miguel Estrada does not rise above partisan that the Democrats should stop the fil- and ex-Republican Jim Jeffords of Vermont. wrangling. To block a vote on his appoint- ibuster, retreat from it, and get on New Mexico’s Jeff Bingaman should lead ment to the U.S. Court of Appeals for the with the vote. One of them is a news- the Democratic blockade-runners. By all District of Columbia Circuit is an abuse of paper known as the Santa Fe New measures, Bingaman is a class act; a lawyer the filibuster. Mexican. Obviously, those who know who knows that senators have no business Democrats say the filibuster is justified our State know that this paper—a very obstructing appointments on purely political because too little is known about Estrada old newspaper—is certainly not a con- grounds. He also knows that Republicans and he has not been forthcoming about his aren’t going to hold the White House forever; judicial philosophy. servative newspaper. They say in their that sooner or later a Democratic president New Mexico Sen. Jeff Bingaman said Fri- editorial—the lead words are—Binga- will be choosing judges. And he realizes that day he has not made up his mind about back- man—meaning our Senator—‘‘Binga- Republicans, like their mascot, have long ing continuation of the delay tactic, and man should lead the Dems’ filibuster memories. echoed the Democratic indictment of the retreat.’’ They have a very lengthy dis- The last thing our justice system needs is Honduran immigrant as a stealth conserv- cussion of why my colleague, the jun- an ongoing feud over appointments to dis- ative. ‘‘Obviously, you become suspicious of a ior Senator from New Mexico, should trict and appellate judgeships. Let Judge Estrada’s confirmation be a landmark of par- person’s point of view if he won’t answer lead the Democrat retreat from the fil- tisan politics’ retreat from the courtroom. questions,’’ Bingaman said. ibuster that is working its way on the Let’s get on past mere suspicions of Demo- Democrat side. I ask that the editorial Mr. DOMENICI. Mr. President, we crats and declare guilt by association. have a rather active University of New be printed in the RECORD. Estrada is the choice of President Bush. His Mexico newspaper. It is named the views doubtlessly come closer to mirroring [From the Santa Fe New Mexican, Feb. 24, Daily Lobo, after the athletic team. 2003] Bush’s than those of left-leaning Democrats They have a columnist there, Scott or those of Clinton’s judicial nominees. BINGAMAN SHOULD LEAD DEMS’ FILIBUSTER Darnell, who wrote: Feminist Majority president Eleanor RETREAT Smeal, for one, doesn’t need any more infor- Miguel Estrada isn’t probably someone As legendary prizefighter Joe Louis said of mation about Estrada to know that in block- with an immense amount of name recogni- an upcoming opponent reputed to be fast on ing him, ‘‘the Democrat leadership is giving tion—yet. his feet: ‘‘He can run, but he can’t hide.’’ voice to its massive base of labor, civil Senate Democrats, along with the Repub- That is this University of New Mex- rights, women’s rights, disability rights, en- lican majority, fled Washington last week as ico editorial comment. Then they pro- vironmental, gay and lesbian rights groups.’’

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2646 CONGRESSIONAL RECORD — SENATE February 25, 2003 Oh, then this is about constituent politics. the Senate deny [the nominee] his vote by and not one single thing will happen to There’s another constituent-oriented facet: the entire Senate.’’ benefit the American workers, not one Miguel Estrada is a successful immigrant, Finally, Sen. Barbara Boxer, from Cali- thing. current front-runner to become the first His- fornia said, from Congressional Record in We need to do something, and what panic Supreme Court justice and an obvious 1995, that, ‘‘The nominee deserves his day, role model—in short, a poster boy for Repub- and filibustering this nomination is keeping we must do is decide whether we want lican recruitment of minorities away from him form his day.’’ the President’s plan or some modifica- the one, true political faith. It seems people can change quite a bit in tion of it. The only way we can do that This isn’t about suspicions; Estrada is only a matter of years. is to move with dispatch on the issues Democrats’ worst nightmare from a partisan But why are Senate Democrats and many before us, those issues, in the way pre- perspective. leftist organizations so dead set against scribed under our rules. There is no one From a personal perspective, Democrats Estrada’s nomination? The obvious answer suggesting we should throw away our lies in the fact that the court he is being who have worked with him in the Clinton ad- rules and pass a plan tomorrow morn- ministration have high praise. Seth Wax- nominated to is considered the second-high- man, Clinton’s solicitor general, called est court in the nation and often times ing. Nobody is suggesting we do that. Estrada a ‘‘model of professionalism.’’ though of as a stepping stone to the Supreme In due course, in the matter of only Former Vice President Al Gore’s top legal Court. a few weeks, we will be voting on adviser, Ron Klain, said Estrada is ‘‘genu- Secondly, Senate Democrats and organiza- whose plan should be adopted to help inely compassionate. Miguel is a person of tions such as the NAACP or the AFL–CIO the American economy move forward. outstanding character (and) tremendous in- recognize Estrada’s ethnicity—they recog- I submit that the facts are over- tellect.’’ nize his heritage and the future he is making whelming that the arguments against During Judiciary Committee hearings in for himself—but let’s face it, he’s just the Miguel Estrada are not justified. Those September, Estrada said: ‘‘although we all wrong type of minority. He’s Hispanic and these politicians and organizations are all arguments do not justify these delays. have views on a number of subjects from A I yield the floor. to Z, the first duty of a judge is to a put all for the pro-active advancement of Hispanics, that aside.’’ just not his type of Hispanic. The National f That’s good advice for a judge, and it’s Association for the Advancement of Colored RECESS good advice for senators sitting in judgment People is now going to read ‘‘The National of a nominee. Put aside pure partisan consid- Association for the Advancement of Colored The PRESIDING OFFICER. Under erations; weight Estrada’s qualifications, People Who Believe in ONLY Leftist Prin- the previous order, the hour of 12:30 character and intellect; end the filibuster ciples and Ideology.’’ p.m. having arrived, the Senate stands and put this nomination to a vote. Miguel Estrada will not, while in whatever in recess until 2:30 p.m. courtroom he may preside over, pander to Thereupon, the Senate, at 12:30 p.m., [From the Daily Lobo, Feb. 24, 2003] the interests of those who wish to establish recessed until 2:30 p.m. and reassem- ESTRADA NAYSAYERS HYPOCRITICAL and ingrain a persistent racial inequality in America, those who do not now carry out the bled when called to order by the Pre- (By Scott Darnell) legacies of past civil rights leaders, but in- siding Officer (Mr. VOINOVICH). Miguel Estrada isn’t probably someone stead bastardize those past efforts by forcing f with an immense amount of name recogni- racial tension upon Americans to keep soci- EXECUTIVE SESSION tion—yet. ety at their beck and call while gaining per- President Bush appointed him to an open sonal notoriety, prestige and wealth. seat on the U.S. Court of Appeals, District of If the Senate Democrats try to filibuster Columbia Circuit on May 9, 2001; he immi- Estrada’s nomination, they will be holding NOMINATION OF MIGUEL A. grated to the United States from Honduras back debate and action on the immediate na- ESTRADA, OF VIRGINIA, TO BE when he was 15 years old, graduated from tional and foreign issues affecting this coun- UNITED STATES CIRCUIT JUDGE Harvard Law School magna cum laude in try, such as creating and passing the appro- FOR THE DISTRICT OF COLUM- 1986, has been a clerk for a Supreme Court priate economic stimulus package, among BIA—Continued justice, an assistant U.S. attorney and the other important topics. The PRESIDING OFFICER. The ma- assistant solicitor general, among other If the Senate feels that Estrada has com- stints in private practice. He is supported by mitted a criminal or moral transgression at jority leader. many national organizations, including the some point in his life that would injure the Mr. FRIST. Mr. President, nearly 2 Hispanic Business Council, the Heritage integrity and standing of his service as jus- years ago, President George Bush nom- Foundation, the Washington Legal Founda- tice of one of our nation’s highest courts, inated Miguel Estrada to serve on the tion and the Hispanic Business Roundtable. they should provide sufficient evidence to U.S. Court of Appeals for the District Unfortunately, Estrada’s confirmation has that end and take whatever measures nec- of Columbia. When confirmed, he will been delayed and prevented by many Demo- essary to disallow a moral or actual criminal crats within the Senate, an action fueled by be the first Hispanic member of this from taking the bench. But, in this case, no court. But the other side of the aisle many leftist groups, organizations and lob- such criminal or moral transgression can be byists in America. Currently, Senate Demo- seen, and the argument against his nomina- has stalled. In fact, as I look back, we crats are planning to, or may actually be tion is purely idealogical; a filibuster would have been on this particular nomina- carrying out, an intense filibuster against represent a blatant obstruction of our polit- tion since February 5. The other side Estrada’s nomination; filibustering, or tak- ical system and a disservice to the American has continued to stall this nomination, ing an issue to death, is definitely a method people. So, as Democratic Sen. Barbara preventing something that is very sim- for lawmakers to prevent a policy or other Boxer put it so succinctly a few years ago, ple, that I think the American people initiative from ever coming to fruition—end- ‘‘Let the nominee have his day.’’ ing a filibuster is difficult, especially in our now understand, and that is a very sim- closely divided Senate, taking a whopping 60 Mr. DOMENICI. Mr. President, I re- ple up-or-down vote. votes. peat, it is one thing to delay; it is an- Every Senator in this body can de- The most unfortunate part of the Senate other thing to talk a lot; and it is yet cide either they support this nomina- Democrats’ obstruction on Capitol Hill lies another thing to attempt to get the tion or they do not. Earlier today, at- in the fact that many high-ranking Senate issue that is before us and find a way tempts were made from the other side Democrats have at one time condemned around it and cloud the issue. That is of the aisle to bring up other legisla- nomination filibusters quite harshly, leaving all that is happening this morning with tion with the call that it is time to their intense efforts to carry out a filibuster the discussion by the Democratic lead- today very hypocritical. For example, Pat- move on, and I agree; it is time to rick Leahy, the senior Democrat on the Ju- ership, joined by certain Democratic move on. We have had hours and days diciary Committee, said, from Congressional Senators, when they argue that Repub- and nights to debate and discuss the Record in 1998, that ‘‘I have stated over and licans, by insisting that we vote on opportunity given to both sides of the over again . . . that I would object and fight this nominee, are in some way failing aisle, and now it is time for us to vote any filibuster on a judge, whether it is some- to do justice to the economic problems on this nominee. body I opposed or supported.’’ that exist in our country. For nearly 2 years, the nomination of Sen. Ted Kennedy said, from Congressional I hope it doesn’t take a lot more dis- this man—now, remember, the Amer- Record in 1995, that, ‘‘Senators who feel cussion for people to understand that is ican Bar Association has deemed him strongly about the issue of fairness should vote for cloture, even if they intend to vote absolutely an untruth. It is an abso- well qualified—has languished as some against the nomination itself. It is wrong to lutely irrelevant argument. They can in this body have played politics with filibuster this nomination, and Senators who talk all they like about the economy his future. They have consistently re- believe in fairness will not let a minority of and quit talking about Miguel Estrada fused to give Miguel Estrada this very

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2647 simple right, I would argue, and that is I would be happy to do it with the Miguel Estrada’s confirmation to the an up-or-down vote. Democratic leader or his representa- U.S. Court of Appeals for the District In fact, the tactic, which is a fili- tive—toward putting together a rea- of Columbia, it is past time they share buster—and the American people un- sonable list of questions that Members it. derstand it is a filibuster—is something may wish to pose to Miguel Estrada. I Miguel Estrada’s nomination was an- my colleagues on the other side of the would hope that once we agree upon nounced in May of 2001 and has been aisle have said they would not use, fili- the questions, submit them, and get held hostage since by the Senate bustering of such a nominee. They have the answers back, that process would Democrats who have yet to clearly ar- said that in the past. Yet they are fili- allow us to come back to what I think ticulate their objections to him. bustering this nomination on the floor we should be able to turn to imme- Mr. Estrada is widely regarded as one of the Senate. We feel that is wrong. diately, but with the filibuster we are of the Nation’s top appellate lawyers, We will continue to fight for this up-or- unable to, and that is to have a vote having argued 15 cases before the Su- down vote for this qualified nominee. this week on the nomination. preme Court of the United States. He is We came back from a recess yester- I am really talking more process at currently a partner in a Washington, day. It is fascinating as we look around this point, with an appeal to the other DC, law firm and practices law. He is the country, even the newspapers, if we side for us to put together questions to truly an American success story. look at the top 57 newspapers—I do not submit and, once we receive those an- think one can say the top 57, but to swers, be able to have a vote this week. Miguel Estrada emigrated to the read what 57 major newspapers in this Thus, I ask unanimous consent that United States from Honduras at the country are seeing and saying in terms the vote on the confirmation of the age of 17, speaking very little English. of their editorials, indeed, 50 news- nomination of Miguel Estrada occur at He graduated magna cum laude from papers from 25 States and the District 9:30 on Friday, February 28. Harvard Law School and served as a of Columbia have editorialized either Before the Chair puts the question, I law clerk to U.S. Supreme Court Jus- in favor of the Estrada nomination and/ would add, and I want to stress, that I tice Anthony Kennedy. He has been in or, I should say, against this filibuster will work toward getting answers to the judicial system. He is an esteemed of a nominee, in essence saying, yes, any reasonable list of questions that academic. He has a stellar record. Yet please give him an up-or-down vote. could be worked out on both sides of Miguel Estrada cannot get a vote on It seems, because we are demanding a the aisle. the floor of the Senate. He has been a supermajority to become the standard, The PRESIDING OFFICER. Is there highly respected Federal prosecutor in that the other side of the aisle is hold- objection? New York City. He served as Assistant ing this Hispanic nominee, Miguel The Senator from Nevada. Solicitor General under President Estrada, to a higher standard than any Mr. REID. I ask the majority leader George H.W. Bush for 1 year and under other nominee to this court has ever to modify his proposal in the following President Clinton for 4 years. been held. I think this is wrong. It is manner: I ask unanimous consent that His nomination has broad bipartisan unreasonable, using a filibuster and after the Justice Department complies support, including support from high- forcing a judicial nominee to effec- with the request for documents we ranking Clinton administration offi- tively gather 60 votes rather than 50 have sought, namely the memoranda cials such as former Solicitor General votes for confirmation. It sets a new from the Solicitor’s Office which were Seth Waxman and Ron Klain, the and unreasonable precedent. first requested on May of 2001, the former counselor to Vice President Al In the sense of fairness, I once again nominee then appear before the Judici- Gore. appeal to my colleagues on the other ary Committee to answer the questions Mr. Estrada has worked throughout side of the aisle to give us that vote. which he failed to answer in his con- his career while he has been in the pub- Clearly, Senators have had adequate firmation hearing and additional ques- lic sector and the private sector to up- time to debate this nominee. I myself tions that may arise from receiving hold our Constitution and preserve jus- have come to this floor on five separate any such documents. tice. occasions to attempt to reach an agree- Mr. FRIST. Mr. President, I will not That we cannot get a vote on this ment with the other side of the aisle modify my unanimous consent request qualified man is incredible. I am afraid for a time certain for a vote on the as spelled out. it could be the beginning of a precedent confirmation, and each time my Demo- Mr. REID. I object. that, in my opinion, is unconstitu- cratic colleagues object to giving him a The PRESIDING OFFICER. The ob- tional. simple up-or-down vote. jection is heard. The two arguments I am hearing The Senator from Texas. Our Founding Fathers understood the from the other side of the aisle are, Mrs. HUTCHISON. Mr. President, as need to have three separate and equal one, they want unprecedented access to we have just heard from our distin- branches of government so there would this confidential memoranda and, sec- guished majority leader, the Senate be checks and balances throughout our ondly, they need more information. has had the nomination of Miguel system. They gave to the President the The first, to my mind, is a specious Estrada since May 9, 2001. This man has right to appoint a Federal judiciary, a argument. It has been talked about been waiting for confirmation for al- Federal judiciary that has lifelong ap- again and again on the floor. It is almost 2 years. This is the most qualified pointments. They gave to the Senate most a fig leaf because they know it person who has never gotten a vote in the right of confirmation—advise and cannot and should not be complied the Senate. In fact, the American Bar consent as it is called in the Constitu- with. Association rated Miguel Estrada tion—that has always meant a major- I do want to address the second argu- unanimously well qualified, the highest ity vote. If a two-thirds vote has ever ment very briefly, not so much in sub- possible rating. Never before have Sen- been required by the Constitution, it is stance but in terms of how we can ators filibustered such a nominee. specified. So we are talking a simple bring this matter to a conclusion for Mr. Estrada would be the first His- majority, a simple majority to confirm the American people and for this nomi- panic to serve on the Nation’s second the nominees of the President. That is nee, so we can get to an up-or-down most important Federal court, adding the check and the balance in the sys- vote, and that is if they really feel diversity to our judicial system. tem. there are specific questions that have Miguel Estrada’s nomination is sup- What we see today is an amendment not been answered, to reach out and ported by a number of Hispanic organi- to the Constitution, but it has not gone figure some reasonable way to get the zations, including the Hispanic Na- through the process required under the information to those questions. Again, tional Bar Association, the League of Constitution where an amendment outside of the rhetoric that flows back United Latin American Citizens, and would get a two-thirds vote of both and forth and outside the heat of the the U.S. Hispanic Chamber of Com- Houses of Congress and then it would argument, in the spirit of working to- merce. The Austin American States- go to the States to be passed. That is gether, I do want to suggest we work man wrote last Friday: If Democrats the requirement to change the Con- together on both sides of the aisle—and have something substantive to block stitution of this country.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2648 CONGRESSIONAL RECORD — SENATE February 25, 2003 However, today we are changing the again picks judges. Yet the D.C. Circuit—and threatened a filibuster to block the con- Constitution because we are, in es- all courts, for that matter—would be all the firmation of Hispanic Miguel Estrada, nomi- sence, requiring 60 votes to break a fili- poorer were it composed entirely of people nated by President Bush to the federal Court whose views challenged nobody. of Appeals for the D.C. circuit. buster in order to confirm this judge, Nor is the problem just Mr. Estrada. John If Estrada were applying to the University Miguel Estrada. Why have we set a bar G. Roberts Jr., Mr. Bush’s other nominee to of Michigan law school, Democrats, it seems, of 60 votes for this man? What is the the D.C. Circuit, has been waiting nearly two would support giving him 20 points just for thought process of the Democrats who years for a Judiciary Committee vote. No- being Hispanic. Given the party’s unqualified are filibustering this appointment that body has raised a substantial argument support of affirmative action, why shouldn’t they would substitute a 60-vote re- against him. Indeed, Mr. Roberts is among it ante up to 10 or 15 Senate votes for con- the most highly regarded appellate lawyers quirement for the constitutional provi- firmation simply because of his ethnicity? in the city. Yet on Thursday, Democrats in- Goodness knows that Hispanics, now the na- sion that has always meant 51 votes or voked a procedural rule to block a com- tion’s largest ethnic group, are largely un- a majority of those present, a simple mittee vote anyway—just for good measure. represented in the federal judiciary. majority? And yet we are setting a new It’s long past time to stop these games and Democrats counter that their opposition is bar, a 60-vote bar, without going to the vote. based on Estrada’s views and qualifications. people, without going through the Mr. President, the Washington Post If so, at what point along the ladder from process of a constitutional amendment. has shown the fallacy of all the argu- law student to the federal bench is race no longer relevant? This is not right. This man has been ments that have been thrown out there For Democrats, it was when Estrada pending for 21 months. against Mr. Estrada: Well, he did not stepped on a rung they viewed as conserv- We are now in the Chamber. He has answer questions; well, he is too young; ative. Once that ideological line was crossed, come out of committee. We are in the well, he is not Hispanic enough. all the benefits of affirmative action—in- Chamber trying to get a vote of a sim- Give me a break. This is ridiculous. creased representation, diversity of social ple majority to put the first Hispanic This is a man who is one of the most experience, providing an example for minor- on the DC Court of Appeals, a Hispanic highly qualified appellate lawyers in ity youth—no longer applied to the Hon- duran-born lawyer. who graduated with honors, magna America, who has a stellar academic cum laude, from Harvard Law School, record, who has a stellar reputation in Mr. Martinez says: with years of experience as one of the public life, who has strong bipartisan The whole Estrada tiff is the latest warning to Hispanics that racial politics is about most highly esteemed appellate law- support, and who cannot get a vote in the Senate because he is being filibus- power, not equality. Hispanics have been yers in America, and we cannot get a given fair warning that those who wander off vote on Miguel Estrada. tered. This just is not right. It is time we their pre-assigned ideological plantation will Let me read some of the editorials pay a heavy price. Ethnic hit man, Rep. Bob call this what it is. It is a filibuster. It that have been written about this nom- Menendez, a New Jersey Democrat, unis a change of the constitutional re- ination. On February 18, 2003, the leashed an ugly personal attack on Estrada quirement for advice and consent from Washington Post wrote: by questioning his Hispanic heritage. To the Senate. It is a change of the Con- date not one Democratic leader has taken The Senate has recessed without voting on stitution without any procedure that is Menendez to task for his unwarranted re- the nomination of Miguel Estrada to the required to amend our Constitution. It marks. That they came from a man with a U.S. Court of Appeals for the D.C. Circuit. Latin surname doesn’t make them any more Because of a Democratic filibuster, it spent is setting a new standard that Demo- crats and Republicans before have al- legitimate or any less offensive than if they much of the week debating Mr. Estrada, and, came from Sen. Trent Lott. at least for now, enough Democrats are hold- ways agreed would never be done. When Democrats, write this down. We Hispanics ing together to prevent the full Senate from Democrats were in control, they did don’t all look alike, we don’t all think alike, acting. The arguments against Mr. Estrada’s not filibuster nominees or they did not and God has yet to appoint Menendez to pass confirmation range from the unpersuasive to allow filibusters of nominees by Repub- judgment on our ethnicity. Ideology has the offensive. He lacks judicial experience, licans, and Republicans are in control. never been an ethnic prerequisite, and it his critics say—though only three current And we are asking for the same cour- shouldn’t be for one on the federal bench ei- members of the court had been judges before tesy, the same tradition, and, in fact, ther. their nominations. He is too young—though There are approximately 50 editorials he is about the same age as Judge Harry T. the same respect for the Constitution. Edwards was when he was appointed and sev- The Constitution says advise and con- written throughout the country about eral years older than Kenneth W. Starr was sent. When the Constitution requires the qualifications of this man. This one when he was nominated. Mr. Estrada more than a 51-vote margin or a simple written by Rick Martinez in Raleigh, stonewalled the Judiciary Committee by re- majority, it so states. That is not the NC, basically says there is a different fusing to answer questions—though his an- case in confirmation of judges, and it standard for Hispanics—that Hispanics swers were similar in nature to those of pre- has not happened before on a partisan are not a monolith and they shouldn’t vious nominees, including many nominated basis. There was one bipartisan fili- be judged as a monolith. In fact, by Democratic presidents. The administra- buster. There has never been a partisan Miguel Estrada is one of the most tion refused to turn over his Justice Depart- qualified people—not one of the most ment memos—though no reasonable Con- filibuster before. gress ought to be seeking such material, as a There is no controversy about this qualified Hispanics, one of the most letter from all living former solicitors gen- nominee. There have been controver- qualified people who—have ever been eral attests. He is not a real Hispanic and, by sies before—controversies where you nominated for an appellate court in our the way, he was nominated only because he could legitimately see a difference in country. He has the experience. He has is Hispanic—two arguments as repugnant as qualifications or in background issues the background. He has the academic they are incoherent. Underlying it all is the or in experience issues. None of that credentials. And he has a reputation fact that Democrats don’t want to put a con- applies to this nominee. that is sterling. Yet we can’t get a vote servative on the court. I think it is time the Democrats on Miguel Estrada. Laurence H. Silberman, a senior judge on state if there are real objections. For I hope those who are refusing to the court to which Mr. Estrada aspires to allow a vote on Miguel Estrada will lis- serve, recently observed that under the cur- instance, if there are more questions to rent standards being applied by the Senate, be answered, have another hearing, or ten to the League of United Latin not one of his colleagues could predictably submit the questions in writing and let American Citizens—LULAC—which has secure confirmation. He’s right. To be sure, Miguel Estrada have a chance to an- come out strongly for this qualified Republicans missed few opportunities to play swer these questions. Miguel Estrada man and that does not really under- politics with President Clinton’s nominees. has offered to go and visit with many stand why there is a different standard But the Estrada filibuster is a step beyond Democrats who have not found the being set for him than is being set for even those deplorable games. For Democrats time to be able to see him. Yet we other appellate court nominees. demand, as a condition of a vote, answers to can’t get a vote in the Senate on this I urge my colleagues to listen to the questions that no nominee should be forced Hispanic National Bar Association to address—and that nominees have not pre- distinguished nominee. viously been forced to address. If Mr. Estrada Let me read an article by Rick Mar- president, who represents 25,000 His- cannot get a vote, there will be no reason for tinez from the Raleigh News & Ob- panic American lawyers in the United Republicans to allow the next David S. server: States, endorsing Mr. Estrada, the Na- Tatel—a distinguished liberal member of the Once again, a minority is being denied a tional Association of Small Disadvan- court—to get one when a Democrat someday vote. Democrats in the U.S. Senate have taged Businesses, which came out in

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2649 strong support of Mr. Estrada, and a bi- a judge and tell whether or not that Bar Association in my small, rural partisan group of 14 former colleagues judge has done his homework on your community in Georgia for all of the 26 in the Office of the Solicitor General at issue. You have a sense of whether or years I practiced law. the U.S. Department of Justice who not he has the intellect to interpret The American Bar Association is a have come out foursquare for Miguel the issue and be very responsive to very well respected, very highly recog- Estrada. your argument. And if you ever find a nized peer group within our profession. There is no legitimate reason being judge who is not responsive, you can The American Bar Association was stated not to give Miguel Estrada a check his background, and you may asked to review Mr. Estrada, as they vote. To say that he didn’t answer find out that maybe he did not have review every other judicial nominee, questions, if legitimate—if they would the intellect to follow the course of and to make a recommendation to this ask him questions and let him answer your argument. body as to whether or not he is quali- them, but they haven’t. Saying he is So when I look at the background of fied to be confirmed by this body to the too young is ridiculous; saying he is Miguel Estrada and try to decide District of Columbia Circuit Court. not Hispanic when he came to our whether or not, were I to appear as a They came back and said: Not only is country from Honduras at the age of 17 lawyer before him, he would be the he qualified, not only does he possess speaking little English—and he wanted type of individual to whom I could the academic and intellectual and legal a part of the American dream. But he make an argument and have him inter- background to serve on the Circuit didn’t want it given to him; he wanted pret that argument, even though it is Court for the District of Columbia, but to earn it. on a very complex issue, I believe he he is well qualified. We are giving him He worked his way into Columbia would be. I have to tell you, his is one the highest recommendation that law- University and was a Phi Beta Kappa. of the most unusual profiles I have ever yers can give to a lawyer who seeks He worked his way into Harvard Law seen of any member of the bar, much confirmation to any court. School and graduated magna cum less any potential member of the As a member of the Judiciary Com- laude. He worked to get a partnership bench. mittee, I have already seen that we with a major law firm after being a Su- It is unusual not just because his is a have some judges who come through preme Court Justice clerk which is re- true American dream story. It is un- the committee who do not receive the served for only the best graduates of usual because this man, as a practicing highest recommendation from the law schools in our country. lawyer in public service and in the pri- American Bar Association, but never- This man deserves a vote. He de- vate sector, has distinguished himself theless get confirmed by this body. And serves the respect of the Constitution, above all other lawyers with whom he they should, because everybody is not and he is not getting it as we speak has ever been associated. going to get that highest qualification today. The Constitution says advise He is a man who has distinguished recommendation from the American and consent. The Constitution says a himself by coming to the United Bar Association. majority—not 60 votes out of 100 but a States, not speaking much, if any, But Mr. Estrada got the highest qual- simple majority. It is what has always English, and not only attending major ification from his peers—those men and been required for the President’s nomi- universities, but graduating from those women who practice law with him, who nees. That is the check and balance in universities with high honors: from Co- talked to other lawyers who practiced our system. lumbia University with an under- law with him, who know how he func- I hope the Senate will do the right graduate degree, and Harvard Law tions day in and day out in the practice thing. If there are legitimate ques- School with a law degree. of law, who know his temperament and tions, raise them. Let Mr. Estrada an- At Harvard Law School he was a his capabilities as well as his ability to swer them. But this man deserves a member of the editorial board of the serve in the capacity of an appellate vote, and the Constitution deserves re- Law Review. And those of us who went court judge. And for that body to come spect and adherence by this body. to law school know there are only a forward and say, we are going to give Thank you, Mr. President. I yield the few Law Review editorial board mem- him the highest recommendation pos- floor. bers. I can still remember in my law sible is just another one of the assets The PRESIDING OFFICER (Mr. school class those who were members he brings to this body from the stand- CRAPO). The Senator from Georgia. of the law review. Out of my class, of point of confirming his nomination. Mr. CHAMBLISS. Mr. President, I the 200 who started in law school, there I was not here when Mr. Estrada had ask for permission to speak on behalf were—I think about five of them—who his hearing before the Judiciary Com- of Miguel Estrada. were members of the Law Review. So it mittee. That took place in September The PRESIDING OFFICER. The Sen- is a very distinct intellectual group of of last year when the committee was ator is recognized. students who make the Law Review. controlled by the Democrats. At that Mr. CHAMBLISS. Mr. President, I And the editors of the Law Review are point in time, from what I read in the am still new to this body having been the elite of those very few who are des- record, Mr. Estrada appeared before the here less than 2 months at this point in ignated with law review status. Judiciary Committee for a full day’s my career in the Senate. After spend- The intellectual background of this hearing. Every member of the Judici- ing 8 years in the House of Representa- man is unquestioned. He does have the ary Committee had the opportunity to tives, I am still feeling my way capability of interpreting and deci- ask Mr. Estrada any question they through with respect to finding the phering any complex issue that might wanted to. And they did. microphone, and things like that. be presented to him as a member of the There has been some question about I am somewhat at a loss when it appellate court bench. whether or not he was totally forth- comes to the process through which we So when I think about, again, appear- coming in his answers, whether he gave are now going. It is totally unlike any ing before a man with his type of back- complete responses to the questions type of process that I experienced in ground, to argue a complex case, I that were asked of him. Well, in addi- the House of Representatives because think it would be wonderful to know tion to having the opportunity to ask we don’t confirm judges anywhere ex- you have somebody with the qualifica- Mr. Estrada questions at the time of cept in the Senate. I spent 26 years as tions and the capability of Miguel his hearing, whether Mr. LEAHY was a lawyer before being elected to the Estrada to really listen to your argu- chairman or now with Mr. HATCH as House of Representatives. In my 26 ment and make the kind of decision chairman, the members of the Judici- years as a lawyer, I tried hundreds of every lawyer wants to have made on ary Committee always have the oppor- cases, and on appeals dozens and dozens his or her particular case. tunity to submit written questions in of cases, and I had a number of oppor- One thing that confuses me about addition to those questions that are tunities to appear before both trial Miguel Estrada’s nomination is, I was asked at the hearing. judges and appellate judges, on a vari- told while I was in law school that I If a Judiciary Committee member is ety of different issues. should join the American Bar Associa- not satisfied with answers to questions At any one moment before an appel- tion as a student. And I did. I was a he or she asked, he or she simply has late court, you can pretty well look at very active member of the American the right to come back and say, I want

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2650 CONGRESSIONAL RECORD — SENATE February 25, 2003 you to go into further detail with re- Court, irrespective of whether he was this issue. I could understand it if Mr. spect to this particular issue, to tell on the appellate side, which is the los- Estrada has been a lifelong Republican, me whatever it is I want to have an- ing side going in, or whether he was on had the tattoo of an elephant on him swered. Only two members of the Judi- the appellee’s side, the winning side and was a known advocate or radical ciary Committee came forward and going in, he has prevailed at the end of that held forth extreme positions. I said: We have additional questions we the day. So for a guy to argue 15 times could understand the politics involved want to ask. Those two were both before the U.S. Supreme Court and to in seeking to block this man by the Democrats. They had the right to do it. win 10 of them is a very distinguishable folks on the other side of the aisle. They did it. And I respect them for record. But that is not the case. Here we coming back with additional questions The fact that he even argued cases have a man who came to the United when they felt they did not get totally before the Supreme Court very hon- States speaking little or no English, a complete answers. The fact of the mat- estly puts him in a category of lawyers man who went to two of the finest ter is, though, those questions were an- that is the most highly respected group schools in America not known for their swered immediately by Mr. Estrada. of lawyers that exists in the United conservative-leaning students or fac- So for somebody to come forward States today. There are just not many ulty, Columbia University and Har- now on the other side of the aisle and folks who have the opportunity to vard. I don’t know where they lean, but say, we do not think he fully answered argue a case before the Supreme Court. they are certainly not conservative- our questions, where were they? Where Here we have a man who has argued 15 leaning universities. were they at the time of the hearing? cases before them. That is his background. He comes Why didn’t they come forward after the Another argument I have heard time from an administration that was not a hearing if they were not satisfied at and time again is that we should be conservative-leaning administration, the hearing and submit additional able to see the memos that he sub- the Clinton administration. He worked written questions? mitted to his boss while he was assist- for 4 years in that administration. He To come to this body now and to say ant to the Solicitor General. Some be- worked for the Solicitor General in the Mr. Estrada was not totally forth- lieve we should be able to see what was first Bush administration for a year coming at the time of the hearing just in his mind from a legal perspective, and then the Clinton administration shows this particular nomination has and use those memos to try to deter- for 4 years. There is nothing to indi- dipped itself into the depths of polit- mine whether or not he has the judicial cate that this man would have an off- ical partisanship. And it is not right. qualifications and temperament to the-wall conservative-leaning philos- I am biased. I am a lawyer. I think I serve as a member of the DC Circuit ophy. am a member of the greatest profession Court of Appeals. I do not understand the politics of that exists in the United States of Let me tell you what that is like. As somebody coming up and saying: Well, America. I think we have a great judi- a practicing lawyer, if I have somebody we think he may be too conservative or cial system because even though a lot come into my office and I interview he may be radical. of people throw rocks at our system— them and take notes and I then take Those kinds of statements were made and I myself even have criticized it their case and go into my law library within the Judiciary Committee, and from time to time—we have the best and do extensive research on the issue there is simply no basis for them. The fact is, every Solicitor General system in the world. We have the best for my client to make sure that I am who lives today who has worked for system in the world because it works. well prepared from a legal precedent any administration, whether it is Re- And people of all walks and back- standpoint and I then write a memo- publican or Democratic, has come for- grounds have the opportunity to have randum, which I have put in my file to ward and signed a letter saying, No. 1, their cases heard by a judge, whether it make sure that at the appropriate the privileged memoranda sought to be is Mr. Estrada or a magistrate court time—when the case either comes to a produced from the Justice Department judge in Colquitt County, GA. People hearing or I have an argument with op- should not be produced because they have the right to have their cases posing counsel—that memorandum is will compromise future administra- heard. personal and privileged to me and my tions. They never should be produced. And now, for somebody to come for- client. And No. 2, they recommend Mr. ward and say, I asked this guy a ques- What the Democrats have asked for Estrada for confirmation by this body. tion, and he did not really answer my is, to view the collateral memos that When somebody in that position question, therefore, I am going to vote were prepared by Mr. Estrada for his makes a statement, it takes it totally against him, I think just throws an- boss, the Solicitor General, while he out of the realm of politics and puts it other rock at our judicial system that was working in the Clinton administra- in the realm of professionalism, which should not be thrown. tion and while he was working in the is where it ought to be. We ought to Referring, again, to Mr. Estrada’s Bush 41 administration. That is wrong. have good, quality, competent men and qualifications being called into ques- They should not ask for it in the first women going to the bench. tion, this is an issue that has been bat- place, but the Justice Department is As a Member of the House of Rep- ted back and forth between political absolutely right in refusing to produce resentatives during the Clinton admin- parties. I have listened to an extensive them. They should not produce those istration, I had a good friend who was amount of the debate over the past 2 or memos because those memos are per- nominated to the District Court for the 3 weeks, both as Presiding Officer as sonal. They are private. They are privi- Northern District of Georgia. She is a well as on and off the floor. I have lis- leged. good lawyer. She was a really out- tened to my colleagues on the other Every lawyer in the country ought to standing U.S. attorney. She is not a side of the aisle raise issues relative to be outraged that the Justice Depart- Republican, but I thought she ought to Mr. Estrada. In talking about quali- ment is even being asked for those be put on the district court. She was, fications of anybody to go to the memoranda to be presented to this in fact, appointed, and she was con- bench, particularly the circuit court body for review when they were pre- firmed by this body because she was a versus the district court, you can look pared in a private setting, in a setting good lawyer. She was the type of per- at an individual lawyer and say, this in which there was a lawyer-client re- son who ought to be on the bench. man or this woman has appeared before lationship in existence. Those types of The same thing holds true for Mr. the highest court in the land, the Su- memos have never been allowed to be Estrada. All you have to do is look at preme Court, not once, not twice, not 3 offered into court for proof of any his record. It is pretty easy to tell that times, but 15 times to argue cases, and issue, and they should not be required he is a good lawyer. When you talk to he has distinguished himself very well to be presented here in this body. other lawyers about him, I promise in those 15 arguments. As we all know, Speaking of politics being involved you, in the legal profession, you know sometimes you are on the winning side here, again, as a new Member of this very quickly whether or not somebody and sometimes you are on the losing body and a new member of the Judici- is well respected and well thought of. side, but 10 out of the 15 times that Mr. ary Committee, I am having a little Mr. Estrada has the respect of his Estrada has been to the U.S. Supreme trouble understanding the politics of colleagues. We have searched high and

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2651 low. If anybody has anything negative has legal experience. That is what is ganization, Mr. Rick Dovalina, wrote a to say about Mr. Estrada, it has come important. He has legal experience in letter, and this is what he said about forward. Only one coworker who he being able to work on complex cases, Mr. Estrada: worked with over the years has had and most of the time, cases that come On behalf of the League of United Latin anything negative to say about Mr. before the circuit court are complex American Citizens, the nation’s oldest and Estrada. cases. Mr. Estrada has the ability to largest Hispanic civil rights organization, I Do you know what is unusual about deal with those complex cases because write to express our strong support for the confirmation of Mr. Miguel A. Estrada. . . . that? That same individual, who was he has handled them for years and Few Hispanic attorneys have as strong edu- his supervisor in the Office of Solicitor years as a practicing attorney in the cational credentials as Mr. Estrada who General during the Clinton years, gave public and private sectors. He has the graduated magna cum laude and Phi Beta him a rating on two different years. type of background that lends itself to Kappa from Columbia and magna cum laude That review rating that was given to being able to deal with those complex from Harvard Law School, where he was edi- Mr. Estrada was ‘‘outstanding’’ by this cases and make a rational, reasonable tor of the Harvard Law Review. He also particular individual who is now the served as a law clerk to the Honorable An- interpretation of the Constitution, thony M. Kennedy in the U.S. Supreme only member of the Solicitor General’s which every judge is expected to do and Court, making him one of a handful of His- Office, or any other place where Mr. which is exactly what Mr. Estrada said panic attorneys to have had this oppor- Estrada was employed, who has had he would do at his hearing in Sep- tunity. He is truly one of the rising stars in anything whatsoever, to say in a nega- tember before the Judiciary Com- the Hispanic community and a role model for tive capacity regarding Mr. Estrada. mittee. our youth. So whether it is people he worked I close by saying there have been 57 The Hispanic National Bar Associa- for, whether you look at his qualifica- newspaper editorials I have seen rel- tion president, Rafael A. Santiago, tions from an educational standpoint, ative to the nomination of Mr. Estrada stated as follows: vis-a-vis an intellectual standpoint, and the treatment of his nomination The Hispanic National Bar Association, na- whether it is the Hispanic community on the floor of the Senate. Of the 57 tional voice of over 25,000 Hispanic lawyers that you look to for a recommendation editorials that have appeared in news- in the United States, issues its endorsement. on Mr. Estrada—everywhere you look, . . . Mr. Estrada’s confirmation will break papers all across America, 50 have been new ground for Hispanics in the judiciary. he gets nothing but the highest marks, favorable toward Mr. Estrada. One of The time has come to move on Mr. Estrada’s the absolute highest marks. those editorials appeared in a news- nomination. I urge the Senate Committee on One other area in which I think Mr. paper in my home State, in Atlanta, the Judiciary to schedule a hearing on Mr. Estrada has really excelled is with re- GA. The Atlanta Journal-Constitution Estrada’s nomination and the U.S. Senate to spect to what we in the legal commu- wrote an editorial—about 3 weeks ago bring this highly qualified nominee to a nity refer to as pro bono work. Pro now—that was complimentary to Mr. vote, said Rafael A. Santiago, of Hartford, bono work is done different ways in dif- Connecticut, National President of the His- Estrada and critical of the Senate for panic National Bar Association. ferent parts of the world. In my part of not moving on his nomination. So this man has the qualifications. Georgia, a practicing lawyer does pro Let me tell you, when it comes to He has the educational background. He bono work when he or she takes ap- politics, the Atlanta Journal-Constitu- has the legal background. He has the pointed criminal cases usually. Occa- tion is not on one side most of the intellect. He has the support of Demo- sionally, you will represent an indi- time; they are on one side all of the crats. He has the support of Repub- vidual in a civil matter and you don’t time. I have never received, in my po- licans. He has the support of liberals. get paid for it. That is what we talk litical career, the endorsement of the He has the support of conservatives. He about as a pro bono type case. Mr. Atlanta Journal-Constitution, except has the support of the Hispanic com- Estrada has been very active in the for the one time when I did not have an munity. The only support he is lacking world of pro bono service. In fact, he opponent and I guess they had to en- to bring this nomination to a vote on handled one case that was a death row dorse me. To say that they are in any the floor of the Senate is the support inmate case, which is not the normal way leaning toward the conservative from our colleagues on the other side type of case that a lawyer of Mr. side on any issue would be outlandish. of the aisle. Estrada’s background would handle. But even the Atlanta Journal-Con- Not allowing this nomination to But he took the case and, obviously, he stitution came out and said this is come to the floor for a vote is not fair, did the work necessary to fully, to- wrong. it is not judicially just. It is not just in tally, and very professionally represent This man is a good and decent man. any way from an ethical, moral, or ju- his client, because he spent almost 400 He has the intellect and background to dicial standpoint. hours in research and preparation for serve on the Circuit Court for the Dis- Mr. Estrada’s nomination has been representing this individual—a death trict of Columbia Court of Appeals, and debated back and forth now for, gosh, row inmate’s case. he should be confirmed. That line has going on 3 weeks. I guess 3 weeks start- For a man to spend 400 hours—I don’t been repeated by newspapers in Amer- ing tomorrow—a total of 4 weeks. We know what his billable rate is, but even ica day in and day out for the last sev- were here 2 weeks, we were out 1 week, at my billable rate in rural Georgia, eral months. and now we are back. So I guess it is a that would have been an awful lot of The Augusta newspaper, also in my total of 4 weeks. We have a lot of busi- money that Mr. Estrada sacrificed for State, wrote a glowing editorial also ness that needs to be brought before the sake of making sure this death row recommending that this body confirm this body. We have a jobs growth pack- inmate had more than adequate rep- the nomination of Miguel Estrada to age that needs to be debated and passed resentation. In fact, with Mr. Estrada, the U.S. Court of Appeals for the Dis- that the President has put forth. We the death row inmate was represented trict of Columbia. have the impending conflict with Iraq by an outstanding lawyer who had the I think, without question, that the and the continuing war on terrorism capability—and I am absolutely certain right arguments have been made in that needs to be dealt with on the floor he did—to do everything necessary to support of Mr. Estrada. Just in winding of this body. We need to move to other fully and totally represent his client. down—I see my friend from Nevada business. Now, one final criticism of Mr. here, and I don’t know whether he We need the folks on the other side of Estrada is that he has no judicial expe- wants time or not—I want to say that, the aisle to come forward and say: OK, rience. Well, I don’t buy this argument. from the standpoint of support from we will give you a vote. We do not In fact, I think, if anything, it may be the Hispanic community, there has think he is qualified, but we are willing to his advantage. Having judicial expe- been overwhelming support from every to give Mr. Estrada a vote. That is the rience sometimes, I think, could be aspect of the Hispanic community. right thing to do, that is the just thing even a negative factor, although in a When you look at the League of United to do, and that is the judicial thing to case where you had somebody as quali- Latin American Citizens—that is what do. If they want to vote against him, fied as Mr. Estrada, it would not make we call LULAC—which is the Nation’s vote against him, but if we want to any difference one way or the other. oldest and largest Hispanic civil rights vote for him, we ought to have the op- But you have an individual here who organization, the president of that or- portunity to vote for him. We ought

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2652 CONGRESSIONAL RECORD — SENATE February 25, 2003 not require 60 votes. We ought to re- women’s issue and it is a children’s ling, overwhelming, rational case he quire 51 votes, as I think our Constitu- issue. Since a great number of those makes about what is happening across tion requires, and we ought to bring who receive minimum wage are men this country. I know it is true, when the name of Miguel Estrada to the and women of color, it is a civil rights the Senator from Nevada speaks about floor of the Senate and have a vote. issue. It is a women’s issue, a chil- those who are unemployed, those who I thank the Chair. dren’s issue, a civil rights issue, and, are underemployed, he is speaking for The PRESIDING OFFICER. The Sen- most of all, it is a fairness issue be- the people of Massachusetts. That ator from Massachusetts. cause most Americans think that if statement the Senator just made is of Mr. REID. Mr. President, will the someone works 40 hours a week, 52 central concern to the families in my Senator from Massachusetts yield for a weeks of the year, they should not live State who are seeing now the highest question? in poverty. unemployment in some 10 years, and Mr. KENNEDY. Yes, I will be glad to The great majority of Americans feel the prospects are difficult, as people yield. that way. We want to put that before look down the road. Mr. REID. Mr. President, the distin- the Senate and Republicans refuse to It was not always this way. We have guished Senator from Georgia just let us have a vote on that issue. We seen it was not. I ask my colleague and stated that there is a lot of business have been battling that issue not just friend, so many on the other side throw this Senate has to do and that we for 10 days, not just for 2 weeks, but we up their hands and say: It is the eco- should get off the Estrada nomination have been battling that issue for the nomic cycles. Is it not true that the and get on to these other matters. The last 5 years. longest periods of economic growth and Senator from Massachusetts, I am I agree with the Senator when he price stability have been under Demo- sure, agrees with my friend from Geor- says we have been trying to get mat- cratic Presidents? We had it over the gia that we have a lot of business to do. ters before the Senate. We could bring last 8 years under President Clinton. I know from having worked with the up minimum wage. I am quite prepared That was not an accident. The time be- Senator from Massachusetts over the as the principal sponsor—it is not a fore that was in the early 1960s under President Kennedy. The longest periods years—and I ask the Senator if he will complicated issue. We have debated of economic growth, price stability, acknowledge this—there is business we that issue time in and time out, year in and full employment were under Demo- need to do that we have been prevented and year out. It is not a complicated crats. That is the record. That is the from doing. For example, something we issue. We ought to be able to have de- have not heard a word about is the history. bate and an up-or-down vote on that We want to get back to a sound eco- minimum wage. People in Nevada are issue. nomic policy. A sound economic policy desperate. We have a service industry. I think of all these statements of let means creating jobs and having price Sixty percent of the people in Nevada the majority have a ruling on this stability, and the Senator understands who receive the minimum wage are nomination. Does the Senator remem- this very clearly. Our minority leader, women; for 40 percent of those women, ber as I do when we voted on a pre- Senator DASCHLE does, and that is that is the only money they get for the scription drug program and a majority what we hope to resume with an effec- families. That would be a good issue to in the Senate was for the proposal of tive economic program that can make take up—minimum wage—doesn’t the Senator GRAHAM of Florida and Sen- a difference to families across this Senator from Massachusetts agree? ator MILLER, of which I was proud to be country. Mr. KENNEDY. The Senator is en- a cosponsor? That would have provided The Senator from Nevada being a tirely correct. I was listening to my a comprehensive prescription drug pro- leader in this body, I am interested in new friend from Georgia talking about gram for all who needed it in the whether the Senator agrees with me the business that needs to be done. As United States. We had 52 Members, a that the people in his State, as well as the Senator remembers very well, our clear majority, for a prescription drug mine—I know I speak for all of New leader, Senator DASCHLE, tried to bring program, the third leg of the Medicare England on this. People are concerned, before the Senate an economic stim- stool on which our seniors rely: hos- deeply concerned, about their eco- ulus program that would have provided pitalization, physician care, prescrip- nomic future and they are concerned, assistance to working middle-income tion drugs. We had the 52 votes, and do obviously, about their security, the families. It would have provided assist- you think we were permitted to have a dangers which all of us are familiar ance to small business. It would have vote in the Senate? No, our Repub- with in terms of terrorist activities. In provided funding for education and the licans objected to that. How short is my State, they are concerned about programs for which the Governors, Re- their memory. their sons and daughters, especially if publicans and Democrats alike, indi- Mr. REID. Will the Senator yield for they are in the Reserve or the National cated support. It would have provided another question? Guard. We now have the highest calling additional assistance to the States to Mr. KENNEDY. I will be glad to up of the Reserves and the Guard since meet their Medicaid challenges. I hope yield. World War II. Communities are par- to get to that in a moment. And it Mr. REID. The Senator is aware that ticularly concerned because more often would have permitted funding in trans- this extended debate deals with the job than not, people who are being called portation. This would have made an of one person, a man by the name of up are those who have also been important difference in trying to re- Miguel Estrada. It is not as if he is not trained as auxiliary firefighters, police store our economy. working. Does the Senator agree he is officers, or first responders in the med- The Senator, as part of the leader- partner in one of the most prestigious ical professions. ship, is familiar with the fact that Sen- law firms in America and pulling down What I hear the Senator from Nevada ator DASCHLE was prepared to bring hundreds of thousands of dollars a saying is we should try to respond to that up and start that debate, but year? I say to my friend from Massa- these kinds of anxieties. The leaders there was objection from the other chusetts, should not the Senate be have provided a program which has gal- side. more concerned about the millions of vanized many of our Members—all of The Senator brings up the issue of people who are underemployed, the the Members on our side—and his point minimum wage, and he knows how millions of people who are unemployed, is that as leaders in our party we strongly I feel about an increase in the the people who are lacking health should be focused on that program. minimum wage which Republicans care—44 million people with no health I was listening to my friend from have denied us the opportunity to care—and many people who are under- Georgia talking about the attitude of have. As the Senator has pointed out, insured? Should not the Senate be deal- some Hispanic leaders. I have a letter more than 60 percent of those who are ing with those people rather than one from 15 past presidents of the Hispanic minimum wage recipients are women. person who is employed making hun- National Bar: We, the undersigned past So this is a women’s issue. Of the dreds of thousands of dollars a year? presidents, write in strong opposition women who receive the minimum Mr. KENNEDY. Mr. President, I say to the nomination of Miguel Estrada wage, a majority of them have chil- to the Senator from Nevada, I think he for a judge on the Circuit Court of Ap- dren, so it is a children’s issue. It is a makes the case. It is such a compel- peals for the District of Columbia. I

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2653 will later come back to the statement situation that was and still is far too to our legislation? Would he protect they made. common in the American workplace. the rights of women and minorities? Despite the pressure from our Senate Paulette Barnes had been hired by the Would he take the time to consider Republicans and the White House to Environmental Protection Agency, but how his rulings will affect them? We do abandon our principles and our obliga- she quickly discovered she would not not know, because the White House tions, the Senate Democrats intend to be able to do her work effectively. Her does not want us to know. abide by our constitutional duty to male supervisor repeatedly asked her In a second case in 1981, Bundy v. provide advice and consent in the judi- to join him after work for social activi- Jackson, the DC Circuit considered the cial confirmation process. The White ties. She politely declined. He then plight of another woman who had suf- House, however, continues to refuse to made repeated sexual remarks and fered severe harassment at work. San- give us the information necessary for propositions to her. She refused. But dra Bundy proved at trial that while our consideration of the nomination of her supervisor would not be deterred. she was employed by the District of Co- Miguel Estrada. The White House is He kept harassing her and even tried to lumbia, she was repeatedly propo- asking the Senate to rubberstamp its convince her his behavior was common. sitioned by some of her supervisors and judicial nominees when those nominees Ms. Barnes could not escape these over- they made crude and offensive remarks will have enormous power over the tures and the unfair pressure she faced, to her. She complained to another su- lives of the people we serve. If we con- because her job required her to work pervisor, but he replied it was natural firm nominees to a lifetime appoint- with her boss. for the other men in the office to har- ment to the Federal bench without After she repeatedly refused to have ass. He then began the same type of looking into their record, we would an affair, he started to retaliate abuse and propositioned her several open the door for the White House to against her. He belittled her work. He times. A coworker obtained her home roll back civil rights, workers’ rights, took away many of her responsibilities. phone number, which she had unlisted, and important environmental protec- He harassed her continuously. Finally, and started calling to proposition her. tions, along with many other Federal he had her fired because she refused to The facts in this case were so extreme rights we have worked so hard to de- go along with his demands. and Ms. Bundy’s situation was so op- velop. Ms. Barnes sued her employer under pressive that the district judge in the The danger involving the DC Circuit title VII of the Civil Rights Act of 1964. case actually made a formal finding is even greater, because that court has Congress passed this important legisla- that making of improper sexual ad- exclusive jurisdiction over so many tion in order to end workplace dis- vances to female employees was stand- issues that affect all Americans. Since crimination and open the doors to ard operating procedure, a fact of life, the Supreme Court hears relatively few equal employment for all Americans, a normal condition of employment in cases in these areas, the DC Circuit is but the EPA did not see it this way. Its her job. Miss Bundy began to complain often the court of last resort for indi- lawyers argued when Congress enacted more forcefully and her performance viduals to obtain the justice they de- title VII, we did not intend sexual har- ratings began to suffer. She was denied serve. If Mr. Estrada is confirmed, he assment to be included in the ban on a promotion and continued to endure will be called upon to decide many of sexual discrimination. anguish on the job. these cases. Often, individuals have What Ms. Barnes faced was not dis- When she took her case to court, the been victimized unfairly and in a man- crimination, they said. She was not company admitted the harassment and ner not envisioned by the Constitution. fired because she was a woman but be- argued it was legal. Can you believe They have come to the Federal courts cause she refused to engage in sexual that? The company admitted the har- for protection and relief. In doing so, activities with her supervisor. Fortu- assment and argued it was legal. The they have changed America. They have nately, the judges of the DC Circuit un- company contended because Miss made this country a stronger, better, derstood the importance of the case. Bundy had not been fired or demoted, and fairer land. They helped America They took time to look into the record. she could not claim a violation of title fulfill its promise of equal opportunity, They found our intent in passing title VII. The DC Circuit rejected this argu- equal rights, and equal justice under VII was to give women and minorities ment, as it obviously should have. The the law. They have given real meaning equal rights in the workplace so every- court held that the terms and condi- in people’s lives to the great principles one would have a truly equal oppor- tions of employment include the psy- of the Constitution and the many laws tunity to succeed. chological work environment. The Congress has enacted over the years to The judges agreed that so long as court agreed that an employer can op- protect these basic rights. harassment of this kind was allowed to press an employee with such offensive When we consider the nomination of continue, women could not have equal and damaging remarks that the oppres- Mr. Estrada, we need to understand the rights in the workplace. They ruled sion rises to the level of discrimina- crucial importance of these cases and that allowing female workers to suffer tion, even if the employer does not de- how the rights of so many others can harassment to keep their jobs is a type mote or fire the employee. be decided by a single case. These cases of discrimination that has long rel- As in Barnes, the court in Bundy would not necessarily have turned out egated women to lower-level jobs and showed thoughtful and careful consid- the way they did if we did not have made it more difficult for them to have eration of what Congress intended to Federal judges who are acutely aware equal rights in the workplace. do for the American workplace when it of the rights and the needs of the most The DC Circuit held that harassment passed title VII. vulnerable Americans, and how their of the type suffered by Ms. Barnes was The court also considered the precar- rulings affect so many people’s lives. illegal sex discrimination. If not for ious situation in which Miss Bundy Would Mr. Estrada be such a judge? the judges of the DC Circuit, her case found herself and in which too many Would he have this strong sense of jus- could have turned out very differently. women often find themselves today. tice of the needs of people he would Thus, the importance of the DC Cir- The court held unless Miss Bundy’s serve? We do not know because we have cuit. rights were protected, many other been prevented from learning about In 2003, the outcome of Ms. Barnes’ workplaces could oppress and harass this nominee, and the White House is case would almost certainly be a fore- women in similar ways without any trying to keep it that way. gone conclusion. We know today the fear of legal repercussions. The DC Cir- Our response is clear. We will not kind of behavior she faced is unaccept- cuit held that title VII protects all confirm Mr. Estrada unless we know able, but in Ms. Barnes’ case the trial Americans from harassment at work, what kind of jurist he would be. Our judge dismissed her suit because he whether or not harassment includes a constitutional responsibility requires thought such harassment was not pro- formal change in job description. no less. hibited by title VII. That behavior was We cannot dismiss these examples Let me describe a few of the land- not unacceptable until the DC Circuit merely as evidence that America has mark cases the judges of the DC Cir- said it was unacceptable. changed since the 1970s and early 1980s. cuit have decided. In Barnes v. Costle Would Mr. Estrada be the type of It was the courts such as the DC Cir- in 1977, the DC Circuit was faced with a judge to give the meaning we intended cuit and opinions such as Barnes and

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2654 CONGRESSIONAL RECORD — SENATE February 25, 2003 Bundy that made America change. The cided in 1976, the DC Circuit considered prevailing in the Halls of Congress are conclusion of these cases was not fore- the disparate pay that Northwest Air- not lost or misdirected in the vast hall- gone. In both cases, the district judge lines offered its male and female em- ways of the Federal bureaucracy. There had dismissed the claim, saying that ployees. Even before that case, it was is no better description of the unique what the women had alleged was not a clear that under the Equal Pay Act demands on the DC Circuit. It has sole violation of title VII. It took the companies could not pay men and jurisdiction over many basic issues af- judges on the DC Circuit, with genuine women different salaries for doing the fecting the people of our country. The respect for the rule of law, to give ef- same job. The airline thought it could Senate needs to know that the judges fect to what Congress intended when it avoid this requirement for its in-flight of that court understand the enormous passed title VII. The DC Circuit did cabin attendants by creating two sepa- challenge of ensuring that the impor- more than uphold the law. It gave prac- rate job categories for men and women. tant policies we seek to achieve are ac- tical effect to the right of women to be The two categories had essentially the tually implemented under the laws we free from sexual harassment in the same duties but different names and pass. workplace. very different pay and promotion op- In each of these examples, the DC We can now look back at the employ- portunities. Circuit has dealt with situations where ers’ arguments and in those cases say Both men and women would seat pas- real people face real problems in ob- that they are preposterous. The sad sengers and ensure their safety during taining the justice they deserve. The truth, however, is that those argu- the flight and both would deal with any court responded, as the Constitution ments did not become preposterous medical problems that arose during the says that it should, free from the pres- until the DC Circuit said they were. flight. They would both serve food and sures of politics. The DC Circuit re- A third case to demonstrate the im- clean up the cabin. But the airline spected the rule of law and applied it portance of this court is in Farm- would only hire women to be fairly. worker Justice Fund v. Brock. In 1987, stewardesses, a classification that Would Mr. Estrada continue this tra- the DC Circuit reviewed evidence de- meant being confined to domestic dition? Or would he look for opportuni- veloped over the course of many years flights, while male persons were as- ties to limit or even roll back basic that farm workers were being deprived signed to international flights. Even on rights? We do not know because the of basic sanitation. The Department of domestic flights, stewardesses had to White House insists on keeping the Labor mandated the availability of work in the more crowded sections of Senate and the country in the dark drinking water, hand-washing facili- the plane while men worked in first about this nomination. The funda- ties, and bathroom facilities in many class. In fact, if there was any real dif- mental rights of the American people other workplaces, but the Department ference between the two jobs, it was are too important to be entrusted to a said protections were not necessary for that the women had the more difficult person about whom we know so little. farm workers. The result was that assignment. Yet the men received up to Until we learn what kind of jurist Mr. many farm workers worked long hours 55 percent more for doing essentially Estrada can be, the Senate should not in the heat and Sun without adequate the same job. confirm him. The DC Circuit refused to allow the drinking water. They worked under un- MEDICARE AND MEDICAID acceptable hygiene conditions, without airline to design the jobs in a way that Mr. President, a front page article in bathroom facilities, and with no place relegated women to low-paying posi- yesterday’s New York Times should be tions with little chance of promotion. to wash their hands. Infectious diseases essential reading for every Member of The court understood that when we often spread quickly among farm work- the Senate and for every American. It passed the Equal Pay Act, Congress ers. describes the Bush administration’s was not concerned with arbitrary tech- Congress addressed this problem stealth attack on Medicare and Med- nicalities. We were concerned with pro- years before. The Occupational Safety icaid—an attack driven by an extreme tecting the lives and livelihood of real and Health Act mandated that the De- right-wing agenda and by powerful spe- partment issue rules on workplace con- people. The DC Circuit gave effect to this in- cial interests. ditions for farm workers but the De- The administration is proposing un- tent. It held that where two individuals partment disagreed. It thought that acceptable changes in the obligations have jobs that are essentially identical improving the working conditions of of government to its citizens. Under because they have the same duties and the Bush plan, the Nation’s long-stand- these laborers was a low priority, and responsibilities, an employer cannot for years the Department refused to discriminate against one of them by ing commitment to guarantee afford- say when it would even consider a rule paying them less. able health care to senior citizens, the to protect these workers. The Depart- A fifth example of this indispensable poor, and the disabled would be broken. ment also argued that although there role of the court is the Calvert Cliffs Medicare is a promise to the Nation’s was clear evidence of unacceptable risk Coordinating Committee in which the senior citizens, but for the administra- to the health of farm workers, it would DC Circuit in 1971 considered the Na- tion, it is just another profit center for not promulgate a rule to end these con- tional Environmental Protection Act HMOs and other private insurance ditions because the States were better which requires Federal agencies to bal- plans. Medicaid is a health care safety able to do so. The DC Circuit correctly ance their activities with their impact net for poor children and their parents, rejected that argument and brought on the environment. In passing the act, the disabled, and low income elderly, safe and sanitary working conditions Congress asks large agencies for the but the administration would shred for farm workers across the country. first time to consider ways to protect that safety net to pay for tax cuts for The court held that the intent of Con- the environment. the rich and to push its right-wing gress in passing OSHA was to limit the In a challenge to this requirement, agenda. Department’s discretion. The court or- the Atomic Energy Commission was The promise of Medicare could not be dered the Department to pass these sued to stop activities that were ad- clearer. It says, play by the rules, con- regulations within a specific time- versely affecting the environment. The tribute to the system during your frame. The court said that workplace Commission said that it had taken en- working years, and you will be guaran- safety was precisely a matter for the vironmental concerns into account and teed affordable health care during your U.S. Department of Labor to address to thought that these concerns were out- retirement years. For almost half a ensure safe conditions across the coun- weighed by the need for nuclear test- century, Medicare has delivered on try. In deciding this case, the DC Cir- ing. The DC Circuit held that under the that promise. All of us want to improve cuit gave farm workers the protections act, the Commission, as all other Fed- Medicare, but the administration’s they needed and ensured that a genera- eral agencies, must take environ- version of improving Medicare is to tion of workers would grow up mental concerns seriously, must jus- force senior citizens to give up their healthier and safer. tify the burden that its activities doctors and join HMOs. That is unac- A fourth excellent example of the im- would place on the environment. ceptable to senior citizens and it portance of the DC Circuit is Laffey v. Our duty, the court said, is to see should be unacceptable to the Con- Northwest Airlines. In that case, de- that important legislative purposes gress. There is nothing wrong with

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2655 Medicare that the administration’s pol- than twice as fast 12.7 percent. Across not making enough profit. Last year, icy can fix. the country, families are seeing their HMOs dropped half a million seniors. In The administration has a variety of health premiums soar and their health 2001, they dropped 900,000 seniors. Yet rationalizations for its assault on coverage cut back. If the administra- that is the system the administration Medicare—and each of these rational- tion really thinks this is the right pre- wants to force on senior citizens. izations is wrong. Republicans have scription for Medicare, they should This chart shows the number of sen- never liked Medicare. They opposed it talk to working families in any com- ior citizens that have effectively been from the beginning and have never munity in America. dumped from Medicare HMO coverage. stopped trying to undermine it. The This chart indicates that private in- We find that in 2001, 934,000 seniors Newt Gingrich Congress tried to de- surance will not reduce Medicare costs were dropped; in 2002, 536,000 dumped; stroy it a decade ago, but the American or improve its financial stability. It il- in 2003, 215,000; in the year 2000, 327,000; people rejected that strategy, and lustrates the increases in Medicare and 407,000 in 1999. HMOs have been President Clinton vetoed it. Now that costs versus private insurance pre- dropping seniors who wanted volun- Republicans control both Houses of miums: 5.2 percent under Medicare; 12.7 tarily to be in the HMO system. Congress and the Presidency, they are percent under private insurance. Under the Bush plan, states will have at it again. Their plan would say that The administration claims that dras- an incentive to cut back coverage for no senior can get the Medicare pre- tic changes are needed because Medi- those in need and spend the money scription drug coverage they need care will become unaffordable as the that should go for health care on other without joining an HMO. ratio of active workers supporting the projects. It is no accident that the administra- program to the number of retirees de- The Child Health Insurance Program, tion’s scheme hinges on forcing senior clines. But analyses from the Urban In- CHIP, which now gives more than five citizens into HMOs or other private institute, using the projections of the million children the chance for a surance plans. Whether the issue is Medicare Trustees, show that Medicare healthy start in life will be abolished. Medicare or the Patients’ Bill of will actually be less burdensome for Millions of senior citizens will no Rights, the administration stands with the next generation of workers to sup- longer be able to count on federal nurs- powerful special interests that seek port than it is for the current genera- ing home quality standards to protect higher profits and against patients who tion. Economic growth and produc- them if they are unable to remain in need medical care. If all senior citizens tivity gains will raise incomes of work- their own homes. are forced to join an HMO, the reve- ers by enough to more than offset both Spouses of senior citizens who need nues of that industry would increase the change in the ratio of workers and nursing home care will no longer be more than $2.5 trillion over the next the yearly increase in medical costs. In guaranteed even a minimum amount of decade. Those are high stakes. There fact, the real product per worker—after income and savings on which to live. will be a big reward for HMOs and the Medicare is paid for—will increase We know that state budgets are in insurance industry if the administra- from $66,000 to $101,000. The issue is pri- trouble because of the faltering econ- tion succeeds. But there is an even orities. For this administration, the omy. The demands on Medicaid are greater loss for senior citizens who priority is making the powerful and greater than ever, as more families lose have worked all their lives to earn wealthy still more powerful and their job and their health care. Instead their Medicare, and that loss should be wealthy—not assuring affordable of the money that states need to main- unacceptable to all of us. Senior citi- health care for senior citizens. tain the Medicaid safety net, the Bush zens should not be forced to give up the This administration also claims that administration gives states a license to doctors they trust to get the prescrip- the changes it is proposing are in- shred it. Every day, this administration drugs they need. tended to help senior citizens by giving tion makes it clearer that tax cuts to The Bush administration cloaks this them more choices. The real choice make the rich richer is a higher pri- plan in the language of reasonableness. that senior citizens want is the choice ority than health care for senior citi- They say that they just want to reduce of the doctor and hospital that will zens, and low income children, and the Medicare’s cost, so that it will be af- give them the care they need—not the disabled. It’s time for Congress and ad- fordable when the baby boom genera- choice of an HMO that denies such ministration to stand up for the prior- tion retires. But HMOs are a false pre- care. ities of the American people—not the scription for saving money under Medi- This chart, ‘‘Senior citizens choose priorities of the wealthy and powerful. care. Medicare, not private insurance, shows Medicare and Medicaid are two of the Administrative costs under Medicare the proportion of senior citizens choos- most successful social programs ever are just 2 percent. Ninety-eight cents ing Medicare versus Medicare HMOs’’: enacted. It makes no sense for the ad- of every Medicare dollar is spent on In 1999, 83 percent chose Medicare; 17 ministration to try to impose its harsh medical care for senior citizens. By percent, HMOs; and in 2003, 89 percent, right wing agenda on programs that contrast, profit and administrative Medicare, while 11 percent, HMOs. have done so much to bring good costs for Medicare HMOs average Seniors have a choice today and they health care and genuine health secu- eighteen percent, leaving far less for choose Medicare. Even so, this admin- rity to vast numbers of senior citizens, the medical care the plan is supposed istration’s proposal will say to seniors: low-income families and the disabled. to provide. if you want to receive the prescription The American people will reject this This chart is a pretty graphic reflec- drug program, you will have to get it misguided program and so should the tion of this point. ‘‘Private insurance, under an HMO. Congress. a recipe for reduced benefits or higher Senior citizens who want it already The administration is not in favor of premiums.’’ have a choice of HMOs and private in- real choices for the elderly. They don’t These are the administrative costs surance plans that offer alternatives to favor letting senior citizens choose and profits: under Medicare, 2 percent; Medicare. But by and large, senior citi- their own doctor. They don’t favor a under private insurance, 18 percent. zens have rejected that choice. In 1999, fair and unbiased choice between and I ask the administration, how is 17 percent of senior citizens chose an HMO and Medicare. Senior citizens al- spending more money on administra- HMO. By 2003, only eleven percent ready have that. What the Bush admin- tion and profit supposed to reduce chose one. istration favors is a Hobson’s choice, Medicare costs? Congress enacted Medicare in 1965, where senior citizens are forced to In fact, Medicare has a better record because private insurance could not choose between the doctor they trust of holding down costs than HMOs and and would not meet the needs of senior and the prescription drugs they need. private insurance. Since 1970, the cost citizens. In 2003, private insurance still And that is an unacceptable choice. per person of private insurance has in- won’t meet their needs. Vast areas of The administration’s plan for Medicare creased 40 percent more than Medicare. the country have no private insurance will victimize 40 million senior citizens Last year, the per person cost of Medi- alternative to Medicare. Two hundred and the disabled on Medicare. I want to care went up 5.2 percent, but private thousand seniors will be dropped by just draw the attention of the Members insurance premiums went up more HMOs this year, because the HMOs are to this chart I have in the Chamber.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2656 CONGRESSIONAL RECORD — SENATE February 25, 2003 These are the Medicare HMOs. There enacted. It makes no sense for the ad- percent of even the private insurance are huge gaps for senior citizens, areas ministration to try to impose its harsh carriers were carrying it at that time. of the country with no right-wing agenda on programs that I ask the Senator whether he would Medicare+Choice plans. There are vast have done so much to bring good agree with me that now prescription areas of the country, outlined in red, health care and genuine health secu- drugs are as indispensable, are as es- where they do not even have this pro- rity to vast numbers of senior citizens, sential to the seniors in Nevada as hos- gram. And still, the administration low-income families, and the disabled. pitalization and physician visits? They wants to insist that seniors subscribe The American people will reject this are in Massachusetts. to it. misguided program, and so should the Mr. REID. Mr. President, I ask unan- Under the Bush plan, long-term Fed- Congress. imous consent that I be allowed to an- eral spending for health care for the Mr. REID. Will the Senator yield for swer the question of the Senator from needy will be reduced under their new a question? Massachusetts without the Senator proposed block grant program for Med- Mr. KENNEDY. I am glad to. from Massachusetts losing the floor. icaid. That idea was proposed under Mr. REID. I have listened on the The PRESIDING OFFICER (Mr. then-Congressman Gingrich almost a floor and off the floor to the Senator’s CHAFEE). Is there objection? decade ago. Under the new program, statement, and especially about Medi- Without objection, it is so ordered. long-term Federal funding for health care and Medicaid. Mr. REID. I say to my friend from care for the needy will be reduced so I ask the Senator, we have heard now Massachusetts, while the Senator was that more money will be available for for 2 years from this administration serving in the Senate in those years, in tax cuts for the wealthy. Under the that the answer to the problems of the the early 1960s and mid 1960s, I was Bush plan, States will have an incen- country are tax cuts, tax cuts, tax serving on the hospital board of South- tive to cut back coverage for those in cuts. I ask the Senator—and I am con- ern Nevada Memorial Hospital, the need and spend the money that should fident of the answer—if he is aware largest hospital district in Nevada at go for health care on other projects. that the deficit this year will be the that time. I was there when Medicaid The Child Health Insurance Program, largest in the history of the world, came into being. the CHIP program, which now gives about $500 billion if you do not mask it Now, does the Senator realize—and I more than 5 million children the with the Social Security surpluses? think he has heard me say this before; chance for a healthy start in life, will Now, I am asking the Senator from and I ask this in the form of a ques- effectively be abolished. Massachusetts, will the proposals by tion, although I don’t need to; I have Millions of senior citizens will no this administration in their tax cut the floor to answer the Senator’s ques- longer be able to count on the Federal proposal do anything to help the people tion—prior to Medicaid coming into nursing home quality standards to pro- in Nevada and Massachusetts and the being, that for that hospital of ours, tect them if they are unable to remain rest of the country who are desperate that public hospital, 40 percent of the in their own homes. I was here not for help in regard to Medicare and Med- senior citizens who came into that hos- many years ago when we took days to icaid? pital had no health insurance? debate the kinds of protections that we Mr. KENNEDY. Absolutely not. And And when we had people come into were going to give to our seniors who your observation goes right to the that hospital with, as I referred to were in nursing homes. The examples heart of the central issue that we have them then, an old person—I don’t quite out there of the kinds of abuses that in the Senate; that this is a question of look at it the same now—they would were taking place were shocking to all choices. It is a question of priorities. It have to sign to be responsible for their of us. So we passed rules and regula- is a question of choices, whether we are mother, their father, their brother, tions. But under this particular pro- going to allow this emasculation of their sister, whatever the case might posal, the administration is recom- Medicare and Medicaid—especially be, that they would pay that hospital mending millions of seniors will no when Medicaid looks after so many bill. And if they did not pay, do you longer be able to count on Federal needy children. About one-half of the know what we would do? We had a col- nursing home quality standards to pro- coverage is actually for poor children, lection department. We would go out tect them if they are unable to remain although more than two-thirds of the and sue them for the money. in their homes. Spouses of senior citi- expenditures are for the elderly and the Now, I say to my friend from Massa- zens who need nursing home care will disabled. But it looks after an enor- chusetts, the distinguished Senator, for no longer be guaranteed even a min- mous number of the poorest of chil- virtually every senior who comes to imum amount of income or savings on dren, and also after the frail elderly. the hospital—it does not matter where which to live. And the Medicare system, we guaran- We know that State budgets are in they are in America—they have health teed in 1965—I was here at that time. I trouble because of the faltering econ- insurance with Medicare. was here in 1964 when it was defeated. omy. The demands on Medicaid are Mr. KENNEDY. That is right. It was defeated in 1964, and then 8 greater than ever as more families lose Mr. REID. Medicare is an imperfect their jobs and their health care. In- months later it was proposed here on program, but it is a good program. stead of the money that States need to the floor of the Senate and it passed And I answer the question about maintain the Medicaid safety net, the overwhelmingly. And 17 Senators who pharmaceuticals, prescription drugs. Bush administration gives States a li- were against it in 1964 supported it in When Medicare came into being, sen- cense to shred it. 1965. The only intervening act during iors did not need prescription drugs be- Every day, this administration that period of time was an election—an cause we did not have the lifesaving makes it clearer that tax cuts to make election. Finally, our colleagues had drugs we have now. We did not have the rich richer is a higher priority than gone back home and listened to the the drugs that made people feel better. health care for our senior citizens and needs of our elderly people, the men We did not have the drugs that prevent low-income children and the disabled. and women who had fought in the disease. Now we have those. That is the bottom line: Every day, World Wars, who brought this country I say to my friend from Massachu- this administration makes it clearer out of the Depression, who sacrificed setts, rather than spending the time that tax cuts to make the rich richer is for their children, who worked hard, here, as we are dealing with a man who a higher priority than health care for played by the rules, and wanted some has a job, Miguel Estrada, making hun- our senior citizens and low-income basic security during their senior years dreds of thousands of dollars a year— children and the disabled. from the dangers of health care costs. rather than dealing with him, I would It is time for Congress and the ad- We made a commitment. The Sen- rather be dealing with people in Ne- ministration to stand up for the prior- ator remembers. I have heard him vada who have no prescription drugs. ities of the American people, not the speak eloquently on it. And in that 1965 In America, the greatest power in the priorities of the wealthy and the pow- Medicare Act we guaranteed them hos- world, we have a medical program for erful. pitalization and we guaranteed them senior citizens that does not have a Medicare and Medicaid are two of the physician services, but we did not guar- prescription drug benefit. That is em- most successful social programs ever antee prescription drugs because only 3 barrassing to us as a country. And

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2657 what are we doing here? We are debat- jected. He wants to raise the issue of eral bench. The men and women we approve ing whether a man should have a job. moving judges to a supermajority vote, for these lifetime appointments make impor- We understand the rules. If they want denying this man, Miguel Estrada, a tant decisions each and every day which im- to get off this, then let them file clo- pact the American people. Once on the vote on the floor of the Senate under bench, they may be called upon to consider ture. If they want to get out of this, let the constitutional clause of advice and the extent of our rights to personal privacy, them give us the memos from the So- consent to the President. our rights to free speech, or even a criminal licitor’s Office. Let him come and an- Let me talk about that for a few mo- defendant’s right to counsel. The importance swer questions or let them pull the ments. Before I talk about that, as the of these positions and their influence must nomination. chairman of the Aging Committee who not be dismissed. We all have benefited from The reason they are not doing that has spent countless hours, as has the listening to the debate about Miguel is, they don’t want to debate this stuff. Senator from Massachusetts, on the Estrada’s qualifications to serve on the dis- Look at the chart the Senator has. Tax trict court. After reviewing Mr. Estrada’s issue of Medicare, he and I would both personal and professional credentials, includ- cuts of $1.8 trillion, what does that do agree that when Medicare was passed ing personally interviewing the nominee, I to Medicare and Medicaid? I hope I in 1965, some 33 years ago, medicine believe he is qualified to serve on the district have answered the Senator’s question. was practiced much differently than it court, and I will vote for him. A prescription drug benefit is a pri- is now. Yet he is saying we want Medi- That is Senator NELSON of Nebraska. ority, and it has to be a program more care just like it was, and we want to That Senator wants a vote. I want a than just in name only. add a new program to it. vote. We owe Miguel Estrada a vote— Mr. KENNEDY. I thank the Senator As the Senator from Massachusetts not a supermajority vote, not an effort for his usual eloquence and passion. well knows, when he voted for Medi- to change the rules of the Senate, not Just to sum up two items, as we dis- care in 1965, it was expected to be an effort to deny the constitutional re- cussed earlier, we passed a prescription about a 10, 20-billion-dollar-plus pro- sponsibility of this body that the other drug program. Fifty-two Members of gram. Today it is verging on a quarter side is now doing, tragically enough, the Senate did so last year. I don’t of a trillion dollars, at least by the end for the politics of the business instead know why we couldn’t debate it. I am of the decade, and it will potentially, of the substance of the issue. That is a sure our leader would support that ef- by 2030, consume a quarter of the U.S. tragedy that ought not be laid upon the fort. Government’s budget. floor of this Senate nor ought to come Finally, let me point out something I know the Senator from Massachu- before what has been a responsible the Senator has mentioned. This chart setts knows as well as I that the world process and very important procedure. summarizes it all. Under the adminis- has changed and health care delivery I have been out in my State for a tration’s program for the States, over a has changed and that we are not going week, as have many of my colleagues. 10-year period, Medicaid will be cut $2.4 to practice 33-year-old medicine on 2003 I say oftentimes to Idahoans: We watch billion, while there will be $1.8 trillion seniors. They don’t expect it. They the President. We see him every night in tax cuts. don’t want it. They demand change. on television. We, Members of the Sen- This is a question of priorities. I In that change comes prescription ate and the other body, make headlines went through the various charts that drugs as a reasonable and right ap- and are often talked about in the press. reflected how this $2.4 billion Medicaid proach. But as we offer that to Amer- But very seldom does the third and cut will be achieved versus the $1.8 tril- ica’s seniors, let us offer them a mod- equally important branch of Govern- lion in tax cuts. This is a question of ernized, contemporary health care de- ment, the judicial branch, get the at- choice. This is a question of priorities livery system. Let us not lurk in the tention. There are no natural lobbyists when it comes to the Medicare and concept of a 33-year-old system that is in general. There is no influence out Medicaid Programs. The quicker we now close to pushing us to deny serv- there urging and pushing that the get the chance to debate these and get ices simply because it has become so courts be treated responsibly, that some votes on them, the better off our costly and so bureaucratic. To deny these vacant positions be filled so that seniors will be. them anything more than a modern courts can do their duty and responsi- I yield the floor. health care delivery system with pre- bility under the Constitution and pro- The PRESIDING OFFICER. The Sen- scription drugs in it is to deny them vide for fair judgment of those who ator from Idaho. the obvious; that is, quality health might come before them. Mr. CRAIG. Mr. President, the Sen- care. That responsibility lies in the Presi- ator from Nevada has asked that we Those are the facts. Those are the dent of the United States and in the vote on Miguel Estrada. I ask unani- statistics. We can certainly debate Senate. We are the ones responsible for mous consent that we proceed to a vote those today. But we ought to be debat- assuring that the courts are filled when on Miguel Estrada now. ing Miguel Estrada. The Democrats those positions are vacant by appro- The PRESIDING OFFICER. Is there want to debate him. They deny us the priate people who have great integrity, objection? vote that he is entitled to have. So for who have moral and ethical standards, Mr. REID. Mr. President, I ask that a few moments today, I would like to and who believe in the Constitution of the Senator’s request be modified in visit about Miguel Estrada. our country. the following fashion: I ask unanimous Before I do that, I found this most in- Miguel Estrada fails on none of those consent that after the Justice Depart- triguing. This is a fascinating issue. We qualifications. Here today, for the first ment finds the requested documents suggest that it is partisan, and it ap- time, Mr. Estrada is a target for a relevant to Mr. Estrada’s government pears to be almost at times. Yet I no- much larger hit; that is to suggest that service, which were first requested in ticed in the RECORD of today a few a minority of the Senate could ulti- May of 2001, the nominee then appear quotes from a Democrat Senator. He mately control the Supreme Court of before the Judiciary Committee to an- said: the United States. I believe that is the swer the questions which he failed to battleground, while a lot of subterfuge Mr. President, the court provides the foun- answer in his confirmation hearing and dation upon which the institutions of gov- may go on, smoke and mirrors, or di- any additional questions that may ernment and our free society are built. Their version of attention; and I think most arise from reviewing such documents. strength and legitimacy are derived from a people who are now watching this de- Mr. CRAIG. Mr. President, I object long tradition of Federal judges whose bate are beginning to understand there and restate my unanimous consent re- knowledge, integrity, and impartiality are is something very strange about it. quest. beyond reproach. The Senate is obligated, by There used to be an old advertise- Mr. REID. To which I object. I object. the Constitution and the public interest, to ment on television asking, ‘‘where’s Mr. CRAIG. Mr. President, I just protect the legitimacy and to ensure that the beef.’’ Well, where’s the issue here? heard the Democrat leader come to the the public’s confidence in the court system is Where is the substance of the issue, justified and continues for many years to floor to demand a vote on Miguel come. As guardians of this trust, we must after the committee of jurisdiction, the Estrada so we could move on to other carefully scrutinize the credentials and Judiciary Committee, on which I serve, important issues. He had the oppor- qualifications of every man and woman nom- and on which the Senator from Massa- tunity to have that vote, and he ob- inated by the President to serve on the Fed- chusetts serves, very thoroughly went

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2658 CONGRESSIONAL RECORD — SENATE February 25, 2003 through the background of Miguel there is an effort to change the Con- a simple vote by a majority of those Estrada? He came out with high quali- stitution of our country simply by present and voting. That is what our fications, having been reviewed by the process and procedure—or shall I say Constitution speaks to. That is what ABA. Wherein lies the problem—the the denying of that. I think those are our Founding Fathers intended. They simple problem of allowing this name the issues at hand here. That is what is didn’t believe we should allow a minor- and nomination to come to the floor important. ity of the people serving to deny the for a vote—a vote. I tendered that vote Mr. President, there was nothing majority the right to evaluate and con- a few moments ago by unanimous con- more in telling a ghost story than in firm the nominations of a President to sent, to see it denied on the other side the imagination that came to the the judicial branch of our Government. of the aisle because they say you must mind. There is nothing wrong with If they want to administer a par- have a super vote, a 60-plus vote. No, Miguel Estrada, except in the imagina- ticular litmus test, as one of our col- we suggest the Constitution doesn’t tion in the minds of the other side, who leagues on the Judiciary Committee say that. We suggest that threshold has would like to find a story to tell. But has been advocating, that is their never been required. So I think what is they cannot find one, dig as they choice. If they simply do not like the important here is the reality of the de- might. There have been 21 months of way a nominee answered the questions bate and how we have handled it. effort, 21 months of denial. Why? Are that were put to him, then they can I have the great privilege of serving we playing out Presidential politics on vote against the nominee for all of the from the West, from the State of Idaho. the floor of the Senate this year? It is reasons and the responsibilities of a There are a lot of traditions out there. possible. I hope we don’t have to go Senator. But to say they cannot vote One of the great traditions is sitting there, and we should not. These are because there is no information about around campfires, visiting, telling sto- issues that are much too important. the nominee, or because he has not an- ries, and talking about the past. Prob- This President has done what he swered their questions, or because crit- ably one of the most popular stories to should do. It is his responsibility to ical information is being withheld, tell in the dark of night in only the find men and women of high quality well, that is clearly a figment of their glow of the campfire is a good ghost and high integrity, who are well edu- imagination. That is a ghost lurking story. It scares the kids, and even the cated and well trained in the judicial somewhere in the mind of a Senator, adults get a little nervous at times be- process and system—search them out because for 21 months, try as they cause their back side is dark and only and recommend them, nominate them might, that ghost, or that allegation, their faces are illuminated. The imagi- to fill these judgeships. That is what he has not been found or fulfilled. nation of the mind can go beyond what has done. Now he is being denied that. In the real world, there is an enor- is really intended. So great stories get A difference of philosophy? Yes, sure. mous record on this nominee, bigger told at the campfire. It is his right to choose those he feels than the records of most of the judici- I have listened to this debate only to can best serve. He has found and has of- ary nominees who have been confirmed think that great stories are attempting fered to us men and women of ex- by the Senate. In the real world, Mr. to be told here—or should I suggest tremely high quality. Yet, at these Estrada has answered question after that ghost stories are being proposed higher court levels, and here in the dis- question, just not always the way his here—about Miguel Estrada. Why trict court, they are being denied. opponents wished he would answer would we want to be suggesting there Miguel Estrada has been under the them; not just exactly the way his op- is something about this man that is microscope and nobody has found the ponents would wish he had answered not known, that there is not full dis- problem. On the contrary, we have them, but he did answer them. In the closure on all of the issues? I suggest found much to admire. At least let me real world, there is no smoking gun in there is full disclosure. The other side speak for myself. I have found much to the privileged documents that the op- is deliberately obstructing a nomina- admire in Miguel Estrada. By now, I position is unreasonably and inappro- tion that has been before the Senate don’t need to repeat his history. I don’t priately requesting. for 21 months. In that 21 months, there need to repeat the story of a young There is something very familiar were no ghost stories; nothing new was man coming to this country at 17 years about the tactic being used against found, except the reality of the man of age, hardly able to speak English, Miguel Estrada, and I finally realized himself—the reality of a really fas- who changed himself and the world what it was. This is the same obstruc- cinating and valuable record for the around him, so that he is now recog- tionism we have seen again and again American public to know. nized by many as a phenomenal talent from our friends on the other side, the Their argument is that because they and a scholar. Let me just say I think same process that denied us the right cannot find anything wrong with him— he and his family should be very proud to a budget, the right to appropriations no ghost stories—then there have to be of his achievements. They should also for 12 long months. They could not bad things hidden. Somebody could not be proud of his receiving the nomina- even produce a budget. So we brought be quite as good as Miguel Estrada. tion. Of all the people, they surely do it to the floor and in 4 weeks we final- Why not? There are a lot of people out not deserve to have the judicial nomi- ized that process. there who achieve and are phenome- nation process turned into some kind For the last year and a half, we have nally successful, morally and ethically of gamut, in which you run a person lived with that issue of obstructionism, sound, and well based, and who believe through and you throw mud at them, and today we are with it again. Now we in our Constitution and are willing to or you allege, or you imply, or you are in our second week of denying an interpret it in relation to the law and search for the ultimate ghost story up-or-down vote. What is wrong with not to the politics of something that that doesn’t exist, to damage their in- having an up-or-down vote? That is our might drive them personally. tegrity, to damage the image and the responsibility. That is what we are I don’t believe in activist judges on value and quality of the person. charged to do under the Constitution. the courts. I don’t believe they get to Senators are within their rights to I believe that is the issue. Instead of go beyond the law or attempt to take oppose any judicial nominee on any fighting on policy grounds, they are us where those of us who are law- basis they choose. In the last 8 years, simply wanting to deny this issue to makers intend us not to go or where when President Clinton was President, death. In the last Congress, as I men- the Constitution itself would suggest I voted for some of his judges; I voted tioned, we had no budget, we saw an we do not go. So search as they may, against some of them because they Energy Committee shut down because they cannot find. And when they can- didn’t fit my criteria of what I thought they would not allow that Energy Com- not find, they will obstruct. They have would be a responsible judge for the mittee to write an energy bill, and obstructed. Week 1. We are now into court. But I never stood on the floor they would not allow authorizing com- week 2. My guess is we will be into and denied a vote, obstructed a vote. I mittees to function in a bipartisan way week 3 or 4. Hopefully, the American always thought it was important that when they controlled the majority. De- people are listening and understanding they be brought to the floor for a vote. nial and obstruction is not a way to something is wrong on the floor of the Then we could debate them and they run a system. It is certainly not the Senate; something is wrong in that would either be confirmed or denied on way to operate the Senate.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2659 Now we have a personality. Now it is Bar Association. I am not an attorney, has been thoroughly considered, Sen- not an abstract concept. Now it is not but my colleague from Nevada is. It ators ultimately move to a vote. That a piece of a budget or a dollar and a used to be the highest rating possible is my responsibility as a Senator. That cent, as important as those issues are. that the American Bar Association is one that I will work for in the com- We are talking about an individual who would give in rating the qualifications ing days. That is one that many of my has served our country well, who has of a nominee. I used to say that rating colleagues are working for. achieved at the highest levels, who is a was probably too liberal. Now I say it We will come to the floor, we will man of tremendous integrity, and be- is a respectable rating. Why? Because continue to debate the fine points of cause he does not fit their philosophic the bar on the other side has been Miguel Estrada, but we will not raise test, the litmus test of their philos- raised well beyond that rating. Now we the bar. We should not set a new stand- ophy as to those they want on the are litmus testing all kinds of philo- ard. In this instance, we should not court, but he does achieve all of the sophical attitudes that the other side allow a minority of Senators to deny recognition of all of those who judge demands a nominee have, and if they the process because there is now a sub- those who go to the court on the stand- say, We are simply going to enforce or stantial majority who would vote for ards by which we have always assessed carry out or interpret the law against Miguel Estrada because they, as I, have nominees to the judiciary system, that the Constitution, that is no longer read his record, have listened to the de- is not good enough anymore. The rea- good enough. Rubberstamping? A 5-sec- bate, have thoroughly combed through son it is not good enough is because it ond process, a 2-second process, or a 21- all of the files to understand that we is President George Bush who has made month process? I suggest there is no have a man of phenomenally high in- that nomination. rubberstamping here. tegrity who can serve this country well In the current Congress, that is an I suggest the Judiciary Committee, on the District Court of Appeals that issue with which we should not have to under the chairmanship of PAT LEAHY, he has been nominated by President deal. We should be allowed to vote, and now under the chairmanship of ORRIN Bush to serve on. I hope that ultimately we can, and cer- HATCH, has done a thorough job of ex- Our responsibility is but one: to lis- amining Miguel Estrada, who has a tainly we will work very hard to allow ten, to understand, to make a judg- personal history that is inspiring, work that to happen. That is what we ought ment, and to vote up or down on achievement that is phenomenally im- to be allowed to offer: to come to the Miguel Estrada. So I ask the question, pressive, a competence and a character floor, have an up-or-down vote on Is that what the other side will allow? that has won him testimonials from all Miguel Estrada, debating for 1 week, Or are they going to continue to deny of his coworkers and friends, Demo- debating for 2 weeks, debating for 3 that? Are they going to continue to de- crats and Republicans, liberal and con- weeks, if we must, but ultimately a mand that a new standard be set? The servative. vote by Senators doing what they are American people need to hear that. As I mentioned, I am a new member They need to understand what is going charged to do. of the Judiciary Committee. It is the That is the most important step and, on on the floor of the Senate, and first time in 40 years that an Idahoan of course, that is the issue. Or is the many are now beginning to grasp that. has served on that committee, and I As newspapers talk about it, some in issue changing the name of the game, am not a lawyer. So I look at these the Hispanic community are now con- changing or raising the bar, in this in- nominees differently than my col- cerned that somehow this has become a stance, to a higher level of vote, not for leagues who serve on that committee racist issue. I do not think so. I hope Miguel Estrada but for future votes, who are lawyers. But I understand not. It should not be. It must not be. possibly a Supreme Court Justice? I do records. I understand achievement. I Tragically, we are talking about a fine not know what the strategy is, but understand integrity. I understand man who is ready to serve this country there is a strategy. morals, ethics, and standards that are and who is being caught up in the poli- It is undeniable because we have seen as high as Miguel Estrada’s. tics of the day, and that should not it day after day, time after time. We I am humbled in his presence that a happen on the floor of the Senate. watched it when they chaired the Judi- man could achieve as much as he has in Before I got into politics, I was a ciary Committee last year. I now serve as short a time as he has. I am an- rancher in Idaho, and I can vouch for on the Judiciary Committee. I went gered—no, I guess one does not get the fact that a lot of cowboy traditions there this year with the purpose of try- angry in this business. I am frustrated, are still alive and well in the Inter- ing to move judges through, trying to extremely frustrated that my col- mountain West. One of those great tra- get done what is our responsibility to leagues on the other side would decide ditions is storytelling—gathering do, trying to fill the phenomenal num- to play the game with a human being around a campfire and telling ghost ber of vacancies. When there are vacan- of the quality of Miguel Estrada, to use stories. Some of those stories can be cies in the court and caseloads are him for a target for another purpose, to pretty scary. But nobody really be- building, that means somebody is being use him in their game plan for politics lieves them—certainly not adults, and denied justice. We should not allow our in this country, to rub themselves up not in the light of day. judiciary system to become so politi- against the Constitution, to have the I am reminded of that storytelling cized by the process that it cannot do Washington Post say: Time’s up. tradition of the West when I look back what it is charged to do. Therein lies Enough is enough. To have newspaper on the debate surrounding Miguel the issue. I believe it is an important after newspaper across the country Estrada to the U.S. Court of Appeals issue for us, and it is one I hope we will say: Democrats, you have gone too far for the D.C. District. The reason this deal with if we have to continue to de- this time. Many are now saying that, debate reminds me of those old ghost bate it. and that is too bad to allow that much stories is that the opposition’s argu- Let me close with this other argu- partisan politics to enter the debate. ments amount to just that: stories ment because I found this one most in- We all know that partisan politics about imagined ghosts and monsters, teresting. They said: We are just will often enter debates, but it does not told for the purpose of frightening peo- rubberstamping George Bush’s nomina- deny the process. It does not obstruct ple. tions. Have you ever used a the process. It does not destroy the I have been serving in the Senate for rubberstamp? Have you ever picked up process. Ultimately, the responsibility better than a decade, and I have seen a a stamp, tapped it to an ink pad, is to vote, and it is not a super- lot of filibusters about a lot of things, tapped it to a piece of paper? That is majority. The Senator from Nevada but this is the first time I have seen a called rubberstamping. My guess is it knows that, and the Senator from filibuster over nothing—that’s right: takes less than a minute, less than a Idaho knows that. I could ask unani- nothing. The other side is deliberately half a minute, less than a second to use mous consent again that we move to a obstructing the nomination of Miguel a rubberstamp. vote on the nomination of Miguel Estrada because after 21 months they That is a false analogy. Twenty-one Estrada, and the Senator would stand can find nothing wrong with this nomi- months does not a rubberstamp make; up and say: I object. nee. 21 months of thorough examination, That is how one gets to the vote on Their argument is that because they hours of examination by the American the floor of the Senate. After the issue cannot find anything wrong with him,

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2660 CONGRESSIONAL RECORD — SENATE February 25, 2003 all the bad things must be hidden, and like the way a nominee answered the ‘‘rubberstamp’’ something; you just therefore they need more time for their questions that were put to him, then pound the stamp on an inkpad and then fishing expedition on this nomination. they can vote against that nominee for on a piece of paper, and you are done. Only now, that fishing expedition is that reason. This nomination, on the other hand, going into documents that are privi- But to say they cannot vote because has been in the works for 21 months, leged, and public policy itself would be there is no information about this involved extensive hearings by a then- violated by breaking that privilege. nominee, or because he has not an- Democrat-led Judiciary Committee, in- That’s not just my opinion—as we have swered their questions, or because crit- cluded supplemental questions posed heard again and again, it is the opinion ical information is being withheld— by Committee members, a non-unani- of the seven living former Solicitors well, apparently they do not live in the mous vote of that Committee, and General, both Democrat and Repub- same world the rest of us do. Because weeks of debate on this floor. For any lican. in the real world, there is an enormous Senator to say this amounts to being With nothing to complain about, the record on this nominee—bigger than pushed into ‘‘rubberstamping’’ this opposition is trying to get us all to be- the records on most of the judicial nominee is hogwash. lieve that there must be some terrible nominees who have been confirmed by Furthermore, anybody who wants to disqualifying information that is being the Senate. In the real world, Mr. complain about ‘‘rubberstamping’’ withheld from the Senate. What that Estrada has answered question after ought to be out here standing side by terrible information is, they leave us question—just no always the way that side with Republicans, demanding an to imagine: maybe some writings that his opponents wished he would have an- up-or-down vote on this nominee. I say will reveal a monster who is going to swered. And in the real world, there is to my colleagues, if you are not satis- ascend to the bench where he can rip no smoking gun in the privileged docu- fied that this nominee will be a good the Constitution to shreds and roll ments that the opposition is unreason- judge on the Court of Appeals, then back civil liberties. Maybe something ably and inappropriately requesting. vote against him. If you are sincere even worse. There is something very familiar about your objections, and not just These are nothing more than ghost about this tactic being used against playing political games, then you have stories, deliberately attempting to Miguel Estrada, and I finally realized nothing to lose by demanding a fair frighten the American people and this what it was: this is the same obstruc- vote. Senate. It is time to shine the light of tionism that we have seen again and I do not see how anybody could read day on this debate, time to realize again from our friends on the other the record on this nominee and listen there is no monster under the bed. side. Instead of fighting on policy to the debate in this Senate and not And it is high time that the Demo- grounds, they just obstruct and delay conclude that Miguel Estrada will crat leadership put a stop to the poli- the issue to death. In the last Congress, serve the United States with distinc- tics of character assassination that go we never got a budget, we never got an tion on the Federal bench. His personal along with all this storytelling. It is energy bill—just more obstruction and history is inspiring; his work achieve- outrageous to suggest that Miguel delay. And in this current Congress, in- ments are impressive; his competence Estrada is hiding something, or being stead of having an honest up-or-down and character have won him less than forthcoming with this Sen- vote on this nominee, they filibuster testimonials from friends and cowork- ate. The Senate Judiciary Committee about the past history of judicial nomi- ers of every political stripe. had plenty of time over the last 21 nees under former administrations. I am a new member of the Judiciary months to find some real problem with Another of my colleagues revealed Committee—the first Idahoan to serve this nominee—but no such problem was during this debate that obstructionism on that committee in more than forty found. The American Bar Association is a tactic out of a playbook for stop- years—and I am proud to say that my reviewed him, found nothing wrong ping President Bush from getting his first recorded vote on that committee with him, and even gave him its high- nominees to the higher courts—maybe was to confirm Mr. Estrada. I am now est rating—‘‘well qualified.’’ The Bush not every court, but certainly the cir- asking my colleagues to allow the full administration looked into his record cuit courts and maybe someday the Su- Senate to have the opportunity to vote before sending up the nomination. And preme Court. We have heard on this on this nominee. Let us stop the story- let’s not forget that he worked for the Senate floor about that playbook ad- telling, get back to the real world, and previous administration, too, which vising our Democrat colleagues to use have a fair up-or-down vote on the con- not only hired him but gave him good the Senate rules to delay and obstruct firmation of Miguel Estrada. reviews. nominees—first in committee and then I yield the floor. So Miguel Estrada has been under on the Senate floor. The PRESIDING OFFICER (Mrs. the microscope, and nobody has found This is the first step in raising the DOLE). The Democratic whip. a problem with him. On the contrary, bar for all of President Bush’s nomi- Mr. REID. Mr. President, the Demo- we have found much to admire—at nees. That is the goal—to raise the bar, cratic leader was on the floor this least, let me speak for myself—I have to impose new tests never envisioned in morning and spoke at some length found much to admire about Mr. the Constitution, for anyone nomi- about the problems facing this coun- Estrada. By now, his story is pretty nated by President Bush. Make no mis- try. The problems facing this country well known to anyone who follows the take about this: it is partisan politics are significant. It is untoward, as the daily news, let alone Senators who at its most fundamental. Instead of the Democratic leader stated, that we are study the nominees who come before Senate performing its constitutional not dealing with issues the people we them, so I won’t repeat it again. Let role of advise and consent, the Demo- represent, who are in our home States, me just say that I think he and his crat leadership intends to put itself in want to talk about. They want us to do family should be very proud of his a position to dictate to the President something about the health care deliv- achievements. They should also be who his nominees can be. Instead of al- ery system in this country. That in- proud of his receiving this nomination. lowing the normal process to work— cludes prescription drugs. It includes And of all people, they surely do not the process through which all judicial the Patients’ Bill of Rights. It includes deserve to have the judicial nomina- nominees have gone before—they are Medicare. It includes Medicaid. tion process turned into some kind of fashioning a new set of tests that will The people at home want us to at grueling gauntlet through the mud become the standard. least remember that we have environ- being generated by the opposition. And while I am talking about raising mental problems facing this country Senators are within their rights to the bar, let me anticipate the argu- that we need to deal with. The people oppose any judicial nominee on any ment of the opposition. I have heard a at home understand education is a sig- basis they choose. If they want to ad- lot from my Democrat colleagues nificant issue. The people at home un- minister a particular litmus test, as about how they are offended at being derstand their State—there are only one of our colleagues on the Judiciary expected to ‘‘rubberstamp’’ President four States that do not have a budget Committee has been advocating, that Bush’s nominees. Last I checked, it deficit. All other States are spending in is their choice. If they simply do not takes about two seconds to the red. They want some help. We, as a

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2661 Senate, deserve to deal with those and My staff just showed me a letter—I JOE BIDEN from Senator EDWARD M. other issues that the people of our guess he did not have time, as counsel KENNEDY, Howard Metzenbaum, and States believe we should be talking to the President did, to write a 15-page Paul Simon, members of that Judiciary about. letter—in two or three sentences say- Committee, who asked for certain in- There have been a number of requests ing that Gonzales, if he wanted to talk formation dealing with memoranda made: Why do we not vote on this in 6 to Senator DASCHLE and I, they would that Rehnquist prepared. We have a hours, 4 hours, 2 hours, 10 hours, 2 days, have him come forward and he could letter written to Attorney General Friday by 9:30? And we have said very sit down and talk to us. Meese from JOE BIDEN setting forth the simply—this is the ninth day of this We are not going to do that. The materials that were requested, to- debate covering a period of approxi- Democrats in the Judiciary Committee gether with Rehnquist documents that mately 3 weeks—Miguel Estrada needs unanimously voted against Miguel are wanted. We have a letter dated Au- to be candid and forthright. And how is Estrada because he did not answer the gust 7 to Chairman Thurmond from that going to be accomplished? It is questions and he did not submit the John Bolton that I referred to in more going to be accomplished by his giving memos. general terms. That lists in detail the us information, answering questions, My case to the Senate, my case to material that was supplied. and giving us the memos he wrote the American people, is there is no There being no objection, the mate- when he was at the Solicitor General’s precedent set by his giving this infor- rial was ordered to be printed in the Office. mation, and I say that for a number of RECORD, as follows: We should be dealing with the issues reasons. U.S. SENATE, I have outlined, and others, issues that I have a detailed letter from the De- COMMITTEE ON THE JUDICIARY, people really care about at home. But, partment of Justice describing their ef- Washington, DC, July 23, 1986. no, we are not going to take up S. 414 forts to respond to the Senate’s request Hon. STROM THURMOND, that Senator DASCHLE asked unani- for Chief Justice Rehnquist’s Office of Chairman, Senate Judiciary Committee, Wash- mous consent that we move to, the eco- Legal Counsel memos during his nomi- ington, DC. nomic stimulus package the Democrats nation—he was a Supreme Court Jus- DEAR STROM: I have enclosed the request of prefer. What it does is give immediate the Department of Justice for documents tice at the time, but now he is the concerning the nomination of William H. tax relief to the middle class and has Chief Justice—and a legal letter from Rehnquist to be Chief Justice. Please for- no long-term impact on the deficit of the Department of Legislative and ward the enclosed request for expedited con- this country. Intergovernmental Affairs, John sideration by the Department. I understand If we brought that up and the major- Bolton, on August 7, 1986, which states it may be necessary to develop mutually sat- ity did not like our bill, we could have and I quote: isfying procedures should any of the re- a debate on what is the best thing to do We attach an index of those documents— quested documents be provided to the Com- mittee on a restricted basis. to deal with the financial woes of this Rehnquist legal memorandum from country. That is what we should be Sincerely, when he was the Assistant Attorney JOSEPH R. BIDEN, Jr., dealing with. General for the Office of Legal Counsel As I have said earlier today, and I re- Ranking Minority Member. in the Solicitor’s Office— peat, the reason we are not dealing U.S. SENATE, with those issues of immense impor- and will provide the Committee with access in accordance with our existing agreement. COMMITTEE ON THE JUDICIARY, tance to this country is the majority Washington, DC, July 23, 1986. does not have a plan or a program. The letter also indicates that numerous other legal memoranda were pro- Hon. JOSEPH R. BIDEN, Jr., The President’s tax cut proposal, his Ranking Minority Member, Committee on the own Republicans do not like it. The vided to the committee prior to that Judiciary, U.S. Senate, Washington, DC. chairman of the Ways and Means Com- date. The letter also contains an at- DEAR JOE: In preparation for the Senate mittee of the House does not like it. In- tachment, ‘‘Index to Supplemental Re- Judiciary Committee hearings on the nomi- dividual Members of the Senate, who lease to Senate Judiciary Committee,’’ nation of William H. Rehnquist be to Chief are Republicans, who do not like his which lists three additional memos re- Justice of the United States, please ask Chairman Thurmond to provide the fol- program, have written to him and lating to legal constraints on possible use of troops to prevent movement of lowing information and materials, as soon as talked to him. So that is why they are possible: not bringing that up. May Day demonstrators, possible limi- 1. For the period from 1969–1971, during Why are we not going to do some- tations posed by the Posse Comitatus which Mr. Rehnquist served as Assistant At- thing dealing with health care? Be- Act on the use of troops, authority of torney General for the Office of Legal Coun- cause they do not have their act to- members of the Armed Forces on duty sel, all memoranda, correspondence, and gether. They do not know what they in civil disturbances to make arrests. other materials on which Mr. Rehnquist is want. These are internal memos, obviously, designated as a recipient, or materials pre- So without running through each written by attorneys containing legal pared by Mr. Rehnquist or his staff, for his issue we should be talking about, let analyses and deliberations about very approval, or on which his mane or initials sensitive issues. Again, it is obvious appears, related to the following: me simply say Miguel Estrada needs to —executive privilege; be resolved and can be resolved in three that legal memos similar to Mr. —national security, including but not lim- ways: The nomination be pulled and we Estrada’s were provided to the Senate ited to domestic surveillance, anti-war dem- can go to more important issues; No. 2, Judiciary Committee, reviewed and re- onstrators, wiretapping, reform of the classi- he can answer the questions people turned to the Department. In fact, Sen- fication system, the May Day demonstra- want to propound to him and have pro- ator BIDEN, still a member of this body, tion, the Kent State killings, and the inves- pounded to him; and thirdly, he submit wrote to Attorney General Meese to tigation of leaks; the memos he wrote when he was in thank him for his cooperation and then —the nominations of Harry A. Blackmun the Solicitor General’s Office and an- asked for additional memos that I as- and G. Harrold Carswell to be Associate Jus- tices of the Supreme Court; swer questions. sume were provided. —civil rights; There has been a lot said in righteous I ask unanimous consent that a let- —civil liberties. indignation: We cannot give these ter dated July 23, 1986, written to the 2. The memo prepared by law clerk Donald memos because it would set a prece- Honorable Strom Thurmond, chairman Cronson for Justice Jackson concerning the dent that has never been set in the his- of the Senate Judiciary Committee, school desegregation cases, entitled, ‘‘A Few tory of this country. Senators DASCHLE from JOE BIDEN asking that the De- Expressed Prejudices on the Segregation and LEAHY, the Democratic leader and partment of Justice supply certain in- Cases’’. the ranking member of the Judiciary formation regarding the nomination of 3. The original of the Cronson cable to Mr. Committee, wrote to the White House William B. Rehnquist to be Chief Jus- Rehnquist in 1971, which appears in the Con- gressional Record of December 9, 1971. and said: Give us the memos. Let him tice, I ask simply that that matter be 4. Financial disclosure statements for Jus- answer the questions. forwarded to the Senate and be printed tice Rehnquist for the period from his ap- We get a 15-page letter back from in the RECORD. pointment to the Court until 1982. Gonzales, the counsel to the President, As well, we have a request back—I 5. Any book contracts to which Justice saying: We are not going to do that. am sorry. We have a letter written to Rehnquist is a signatory and which were in

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2662 CONGRESSIONAL RECORD — SENATE February 25, 2003 effect for all or any part of the period from N. Mr. Revercomb’s request. (This item is had not previously located, in an abundance January 1984 to the present, or for which he referenced in I.1.) of caution OLC requested access to any pos- was engaged in negotiations during the same sibly relevant files. Those files were received period. DEPARTMENT OF JUSTICE, OFFICE OF from the records center in Suitland, Mary- Sincerely, LEGISLATIVE AND INTERGOVERN- land, late yesterday afternoon. Based on a EDWARD M. KENNEDY. MENTAL AFFAIRS, review of those files by OLC career staff, HOWARD M. METZENBAUM. Washington, DC, August 7, 1986. OLC located three additional memoranda re- PAUL SIMON. Hon. STROM THURMOND, lating to the May Day arrests, each of which Chairman, Committee on the Judiciary, U.S. was prepared by OLC staff. We attach an U.S. SENATE, Senate, Washington, DC. index of those documents, and will provide COMMITTEE ON THE JUDICIARY DEAR CHAIRMAN THURMOND: This letter re- the Committee with access in accordance Washington, DC, August 6, 1986. sponds to Senator Biden’s August 6 request with our existing agreement. Hon. EDWIN MEESE III, for certain additional materials referred to In addition, the files received from the fed- Attorney General, Department of Justice, Wash- in the documents from the Office of Legal eral records center included a copy of the De- ington, DC. Counsel (OLC) that were made available for cember 2, 1970, letter from Lt. Gen. Exton, DEAR MR. ATTORNEY GENERAL: First, I wish the Committee’s review, and for an expla- which is requested as item A by Senator to express my appreciation for the manner in nation of the procedures followed by the Of- Biden in his August 6 letter. We will also fur- which we were able to resolve the issue of ac- fice of Legal Counsel in locating and review- nish this letter to the Committee under the cess to documents which we requested in ing those materials. Because OLC went to same terms. With the exception of item M on connection with Justice Rehnquist’s con- extraordinary lengths in responding to the Senator Biden’s list, which has already been firmation proceedings. I am delighted that document requests in a very short time, I made available to the Committee, OLC has we were able to work out a mutually accept- think it would be useful to describe those ef- been unable to locate any of the other re- able accommodation of our respective re- forts first. quested materials in its files or in the stored sponsibilities. The files of the Office of Legal Counsel for files. Many of these documents may, in fact, We have now had an opportunity to con- the years 1969–1971 are maintained in two, no longer exist. The various ‘‘requests’’ list- duct a preliminary examination of the mate- duplicative sets: one in hard copy (on a ed as items F, G, and K, for example, were rials which were provided to us last evening, chronological basis) and the other on a com- most likely oral requests that were never and we have noticed that several of the puterized system (which can be searched by memorialized in writing. items refer to other materials, most of which words or phrases). The Office’s normal proce- In sum, the staff of the Office of Legal appear to be incoming communications to dure in response to any request for docu- Counsel went to extraordinary lengths to en- which the nominee was responding while he ments—be it from the public, another gov- sure that all responsive materials were lo- headed the Office of Legal Counsel. Attached ernment agency, or from a member of Con- cated, putting literally hundreds of hours hereto is a list of those other materials, and gress—is to conduct a search through the into this project. I would appreciate your taking appropriate computer system to locate the potentially Please let me know if we can be of further steps to see that those items are made avail- responsive document or documents. The doc- assistance. able as soon as possible. uments thus identified are then reviewed in Sincerely, Finally, once you have provided us with hard copy to determine whether they are re- JOHN R. BOLTON, access to these additional materials, I would sponsive to the request and whether they Assistant Attorney General. may be released, consistent with preserving appreciate your providing us with a written INDEX TO SUPPLEMENTAL RELEASE TO SENATE the integrity of the Office’s role as confiden- description of the steps which have been JUDICIARY COMMITTEE tial legal advisor to the Attorney General taken, and the files which have been 1. 5/71 memo to file from Eric Fygi: ‘‘Pre- searched, in your Department’s effort to be and to the President. The computer search and review is supervised directly by senior vention by Use of Troops of Departure of responsive to our requests. Mayday Demonstrators from West Potomac Once again, thanks for your continuing as- career personnel of the Office. In this case, the Office went far beyond its Park for Demonstration Sites’’ sistance. routine process to ensure the comprehensive- This memorandum discusses legal con- Sincerely, ness of its response. In keeping with estab- straints on possible use of troops to prevent JOSEPH R. BIDEN, Jr., lished procedures, members of the career movement of May Day demonstrators. Ranking Minority Member. OLC staff, under the supervision of the sen- 2. 4/26/71 memo to WHR from Eric Fygi and REHNQUIST DOCUMENTS ior career lawyer who usually handles such Mary C. Lawton: ‘‘Legal and Practical Con- A. Letter from Lt. Gen. Exton, dated Dec. matters, performed extensive subject matter siderations Concerning Protective Actions 2, 1970. (This item is referenced in the at- searches of the computer data base to iden- by the United States to Ameliorate the tachments to I.2.) tify all documents in the files that were con- ‘Mayday Movement’ Traffic Project’’ B. The ‘‘transmittal of June 5, 1969’’ from ceivably responsive to the request. Those This memorandum discusses possible limi- Herbert E. Hoffman, (This item is referenced documents were then reviewed by a senior tations posed by the Posse Comitatus Act on in II.1.) career staff lawyer to determine their re- the use of troops in connection with the C. The ‘‘directive . . . sent out by General sponsiveness. In addition, OLC career staff planned May Day demonstrations. Haig on June 30.’’ (This item is referenced on performed an overlapping review, from the 3. 4/29/71 memo to file from Mary C. Lawton the first page of the first attachment to II.2.) hard copy files maintained by OLC for 1969– (copy provided to WHR): ‘‘Authority of mem- D. ‘‘Haig memorandum of June 30.’’ (This 1971, of all documents prepared by or under bers of the Armed Forces on duty in civil dis- item is referenced on the first page of the the direction and supervision of Mr. turbances to make arrest’’ first attachment to II.2.) Rehnquist. Finally, a staff lawyer worked This memorandum questions arising under E. ‘‘NSSM–113’’. (This item is referenced in with the Records Management Division of federal and D.C. law and the Uniform Code of II.4.) the Department of Justice to try to identify Military Justice with respect to arrests by F. The ‘‘request’’ of William H. Rehnquist. and locate any files stored in the federal members of the armed forces. (This is referenced in the first paragraph of records center that might possibly contain 4. 12/3/70 letter from Lt. Gen. H.M. Exton to II.5.) responsive documents. Attorney General Mitchell (as requested by G. The ‘‘request’’ of William H. Rehnquist. I note that review of the stored files in this Senator Biden’s letter of August 6, 1986). (This item is referenced in the first para- manner is extraordinary and to our knowl- Mr. REID. Madam President, my graph of II.6.) edge unprecedented. The OLC files from the friend from Idaho, the distinguished H. John Dean’s ‘‘memorandum of Nov. 16, relevant time period were consolidated with senior Senator—and he is my friend; I 1970.’’ (This item is referenced in II.8.) other Departmental files by the Records have the greatest respect for him; he is I. Robert Mardian’s ‘‘memorandum of Jan- Management Division, and then processed a fine man; he represents his State uary 18, 1971.’’ (This item is referenced in and maintained by that Division based on a very well—I respectfully submit to this II.10.) complicated and incomplete filing system. It J. The ‘‘similar memorandum to Mr. is virtually impossible to determine whether body my friend’s statements regarding Pellerzi and his response of January 21 con- documents from the Office of Legal Counsel what the Senate did not do last year is cerning the above-captioned matter.’’ (These may be in a particular stored file, or indeed a statement made through a pair of two items are referenced in II.10.) to determine whether particular files were glasses that obviously are very foggy. K. Kenneth E. BeLieu’s ‘‘request of Octo- maintained. I say that because there is a lot of ber 28, 1969 for rebuttal material.’’ (This item Nonetheless, in an effort to be as complete talk here about things that were not is referenced in V.1.) as possible in responding to the request, OLC done. But the fact is the work that was L. William D. Ruckelshaus’ ‘‘memorandum undertook to try to identify any stored files left undone last year was left undone of December 19, 1969.’’ (This item is ref- that could conceivably contain responsive erenced in VI.2, and in VI.4.) documents. Although an initial review of the as a result of the President of the M. William D. Ruckelshaus’ ‘‘memo- index maintained by the Records Manage- United States and the Republican-led randum of February 6, 1970.’’ (This item is ment Division did not suggest that those House of Representatives not allowing referenced in VI.5.) files contained responsive material that OLC us to move the appropriations bills. We

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2663 passed 2 bills, leaving 11 undone. The is not the deal we made. The States dents, Democrat and Republican, have House of Representatives simply re- were desperate before that was passed. had trouble getting nominees—whether fused to take votes on those very dif- We do not fund the IDEA act, children it is Cabinet officers, sub-Cabinet offi- ficult bills. They knew if they took with disabilities. These are the issues cers, members of the military, whether votes on those bills as they wanted we should be dealing with—not spend- it is judges—trying to get them before them in the House of Representatives, ing 3 weeks of our time on a man who the Senate because of the length of it would create chaos among the people is fully employed. Let’s talk about time the FBI investigations take and in the country because the people some of the people who have no jobs or all the hoops people have to jump would know then that the Republicans are underemployed. through now. simply were not meeting the demands Having said that, my friend, the dis- I say let’s eliminate the ABA from of the American people. tinguished senior Senator from Idaho, the judges. I don’t know how many of As a result of that, even though we cannot understand why there is not a my colleagues here agree, but I agree, passed every bill out of the Senate Ap- vote on Estrada the way he believes a and I will join with the Republicans propriations Committee—all 13—we vote should occur. My friend, the dis- anytime to get the ABA out of the were not allowed to take them up. So tinguished senior Senator from Idaho, process. we have to understand that is basically voted against 13 Clinton nominees on My friend, the distinguished Senator the way it is. the floor, including Rosemary Barkett, from Idaho, voted against Judge Sonia The senior Senator from Idaho has born in Mexico, who emigrated to the Sotomayor, the first Hispanic female talked about the need to have a vote on United States. She had a great rating appointed to the circuit, and Judge Estrada. It is within the total power of from the ABA, before Fred Fielding Richard Paez confirmed to the Ninth the majority to have a vote. How do was on the committee, and he does not Circuit after 1,520 days following his they have a vote? The rules in this write her evaluation report. nomination. In fact, the distinguished body have been the same for a long By the way, the one thing on which I senior Senator from Idaho not only time: File a motion to invoke cloture. agree with the Republicans: They were voted against Judge Paez’s confirma- Why does the Senate have a rule such right in saying the ABA should be out tion, before that vote on March 9, 2000, as this? The Senate of the United of the process. I will join with anyone but also voted on that day to indefi- States, as our Founding Fathers said, in the future to get the ABA out of the nitely postpone the nomination of is the saucer that cools the coffee. The process. It is corrupt, unethical; there Richard Paez. I find it fascinating that someone Constitution of the United States is a are absolute conflicts of interest. The who voted to indefinitely postpone a document that is not to protect the Republicans were right; it has been un- vote on Paez would now say that majority; this Constitution protects fair. Estrada is entitled to an immediate minorities. The majority can always I cannot imagine that body having vote on his nomination. protect itself. The Constitution pro- thousands of—— tects the minority. If the majority Mr. CRAIG. Will the Senator yield? Mr. CRAIG. Will the Senator yield? Mr. REID. I am happy to yield, al- wants to vote, it can invoke cloture— Mr. REID. In one second, I will though I do not lose my right to the try to. It takes 60 votes. No question yield—thousands of lawyers, and they floor. about that. Then they can have the up- cannot get people who would be fair Mr. CRAIG. Madam President, the or-down vote that they want. and reasonable and do not appear to Senator is absolutely right. I did vote All the crocodile tears are being shed have conflicts of interest? It is ripe to against those judges, as I said on the for this man who is fully employed get rid of it. floor a few moments ago. I voted for downtown here with a big law firm, Mr. CRAIG. I would not deny the some of the Clinton judges and against making hundreds of thousands of dol- Senator the right to the floor. I am cu- some of them based on philosophy. The lars a year. We are holding up the work rious, for the 8 years of the Clinton ad- question I ask, though, is, Did I ever of this country that deals with prob- ministration, this was the gold plate. deny the Senate the right to go to a lems that people who do not make that The American Bar Association quality vote? Did I ever filibuster as the Sen- kind of money have, people who are test was a gold plate. I said wait a mo- ator’s party is now doing on this issue? struggling to make sure they can pay ment here and voted against some of Mr. REID. I say to my friend that we their rent, make their house payment, them. had to vote cloture on Paez. That is pay their car payment, that they can Mr. REID. I respond to my friend, I how we got a vote on Paez. That is how find enough money to get to work on said on the Senate floor today in the that came about. We had to invoke clo- public transportation, people who need presence of the chairman of the Judici- ture, and we had enough people of a minimum wage increase, people who ary Committee, they were right. I ac- goodwill on the other side of the aisle have no health care; they cannot take knowledge that. who joined with us to invoke cloture. their children to the hospital when Mr. CRAIG. A year makes a lot of So the debate stopped. they are sick, and if they do, they difference, in the opinion of the Sen- Mr. CRAIG. I see. know they are going to be billed large ator? Mr. REID. Madam President, as I was sums. Some places do not have indi- Mr. REID. Knowledge makes a dif- saying before, the question was asked. gent hospital care. We know there are ference. I am not a member of the Judi- Senator CRAIG voted against the mo- many people who are underinsured, as ciary Committee. tion to invoke cloture on the debate on Senator KENNEDY and I talked about. Mr. CRAIG. And I am a freshman Paez who was pending for more than There are 44 million who do not have there. 1,500 days. health insurance. Those are the prob- Mr. REID. I think the ABA should be I want everyone within the sound of lems with which we should be dealing. ashamed of themselves. my voice to hear this. As Senator The Clark County School District in I said this morning, I practiced law DASCHLE and I said, when the Demo- Las Vegas is the fifth or sixth largest quite a few years before coming here. I crats took over control of the Senate, school district in America. A quarter of was not a member of the ABA for a we said it is not payback time no mat- a million children need help. The number of reasons. Had I known this, I ter how bad President Clinton was school district is in dire need of help. would really not have been a member. treated. And we could go into a long The Leave No Child Behind is leaving a Lawyers all over America—we have, harangue about how unfair it was. I lot of kids behind because there is no going back to biblical times, had prob- will not even mention a few of the money to take care of the problems. lems with lawyers. judges. The record is replete with ex- We met with Governors today for Mr. CRAIG. That is why—— amples of how poorly they were treated lunch, and they were told when they Mr. REID. The ABA, I cannot think and how unfairly they were treated. We met with the President yesterday for of a better phrase than that they did not have payback time when we Leave No Child Behind they are sup- should be ashamed of themselves for were in the majority, and it is not pay- posed to do the testing, and if that does what they have done. back time when we are in the minority. not work out, they are supposed to This is off the subject, but I will get We approved, during the short time take care of the other problems. That back on the subject. I believe all Presi- that we had control of the Senate, 100

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2664 CONGRESSIONAL RECORD — SENATE February 25, 2003 judges—exactly. Three judges have The other thing that I find so inter- resent them. To have standing to chal- come before this body for a vote. They esting is the majority is complaining lenge Government action. were approved unanimously. about the District of Columbia Circuit At the same time, the DC Circuit be- The situation with Miguel Estrada is Court being so understaffed. What they came less deferential to agency regula- a little bit different. It is a little bit are saying now is that this DC Circuit tions intended to protect consumers different. It is a lot different. It is tre- is so understaffed that we have to do and workers. These decisions were mendously different because this is a something about this. praised by Republican activists. man about whom speeches have been As my friend from Utah said to me, With a Democratic Senate, President given all over town. He is so good that make a difference. As I indicated to Clinton was able to name two moderate he is going to go to the Supreme Court. him about the ABA, I didn’t know as judges to this court in order to mod- It triggered something in the mind of much then as I know now about the erate this bench. However, once Repub- the members of the Judiciary Com- ABA. licans took over, they tried to prevent mittee. If that is the case, maybe we But what I wanted to talk about here any more Democratic appointees from should ask him some questions. My is the DC Circuit Court problems. They getting on this court. dear friend from Utah, from our sister talked about double standards on that So it is simply incorrect—and I hope State and neighboring State, had on side of the aisle today. Let me give you not intentionally—to claim that Gar- his desk books—look at all the answers a couple of examples. land waited only 71 days between his he has given. There are answers, and DC Circuit Court nominees Elena nomination and his confirmation. It then there are answers. He didn’t an- Kagan, Allan Snyder, and Merrick Gar- was a matter of years, not days—al- swer the questions. That was our con- land. Senator CORNYN remarked that most 2 years. cern. He responded to questions, but he Judge Garland was confirmed in only a Why did he have to wait so long? didn’t answer them. few months. Today the Senator re- Once Republicans took over the Sen- We believe that what has gone on in peated that claim using the chart that ate, they decided to try to prevent the past is not something we want, so said Garland waited only 71 days from President Clinton from filling circuit in this situation I am able to say here his nomination to confirmation. court vacancies, especially in the DC that 2 days ago everything has been If only that were the case, but all you Circuit. In fact, during their time in said but not everyone has said it. We have to do is talk to Judge Garland and the majority, vacancies on the appel- are in a new phase of this debate. Ev- look at the real record. Judge Garland late courts more than doubled, to 33, erything has been said and everybody was first nominated in 1995—the year during their 61⁄2 years in control of the has said it. So now it is just repeat the Republicans took over the Senate— Senate. time. I am going to do a little repeat and not allowed to be confirmed until I believe Republicans decided to pre- time. 1997, hardly a few months. vent President Clinton from bringing I know my friend from New York The prior two Republican adminis- any balance to the DC Circuit. As you wishes to speak. I will be as quick as I trations under President Reagan and know, the Republicans had named 11 can, but I do want to respond to some George W. Bush appointed 11 judges to judges to this powerful 12-member of the questions that have been raised the 12-member court. When President court. in the last bit by my colleagues on the Reagan came to Washington, there was First, when Garland was nominated other side of the aisle. a concerted effort to pack this court in to the 12th seat, Republicans said the In 1996, Republicans allowed no—zero particular with activist judges in the DC Circuit did not need a 12th judge. percent, absolute number zero—circuit hopes of limiting opportunity for citi- For example, the distinguished senior court nominees to be confirmed. In zens to challenge regulations and lim- Senator from Iowa, Mr. GRASSLEY, said 1997, they allowed 7 of just 21 of Presi- iting constitutional power to enforce that this judgeship cost $1 million a dent Clinton’s 21 circuit court nomi- hard-fought constitutional and statu- year and did not need to be filled due nees, one-third. Only 5 of President tory rights to protect workers and to to those costs. Clinton’s first 11 circuit nominees that protect the environment. Then Senator GRASSLEY said he was same year were confirmed. In 1998, Re- President Reagan, with the help of relying on the view of a Republican ap- publicans allowed 13 of the 23 pending the Senate, put activist Robert Bork pointee to this court, Judge Silberman. circuit court nominees to be con- on the DC Circuit. Like Miguel Judge Silberman—you can read about firmed. That percentage was pretty Estrada, Bork was one of the first him in a number of different places, in- good—the best year for circuit court judges nominated by that President. cluding the book ‘‘Blinded by the nominations and 6.5 years in control of Shortly after winning Bork’s confirma- Right,’’ written by Mr. David Brock, the Senate. In 1999, Republicans backed tion to the circuit in 1982, President where this man, who was an activist down to 28 percent and allowed 7 of the Reagan pushed through the Scalia for the far right, would meet with this 25 circuit court nominees to be con- nomination to the DC Circuit, and Ken judge, while he was sitting on the firmed—about 1 of over 4. Starr the following year. bench, walking to his anteroom, and Four of President Clinton’s first 11 That is a real lineup. Bork, Starr, talk about political strategy on how to circuit court nominations that year Scalia—quite amazing. He named an- embarrass Democrats, talk about polit- were not confirmed. In 2000, Repub- other five conservatives after that for a ical strategy, what to do to embarrass licans allowed only 8 of 26, 31 percent. total of eight appointments to the the President of the United States and All but one of the circuit court can- court alone in his 8 years as President. the First Lady of the United States. didates were initially nominated that The first President Bush took a simi- That is Judge Silberman. year without confirmation. larly special interest in the DC Circuit Judge Silberman recently told the Republicans simply have no standing and chose Clarence Thomas to be one Federalist Society that judicial nomi- to complain that 100 percent of Presi- of his first dozen nominees. Thomas, nees should say nothing in their con- dent George W. Bush’s circuit court who I had the pleasure of voting firmation hearings—the same advice he nominees have not be confirmed. The against when he came before the Sen- gave Scalia when Silberman was in the recent issue makes it plain. Democrats ate, was one of two other nominees of Reagan White House. And, as you know have been far better to this President the first President Bush. Four of the 11 with Scalia, a nominee’s silence on an than they were to President Clinton. judges put on the District of Columbia issue certainly does not guarantee that Under Republicans, as a consequence, Circuit were later nominated by the a nominee does not have deeply held the number of vacancies on the circuit Republican Presidents to the Supreme views on an issue. courts more than doubled—from 16 in Court. Yesterday, I went into some detail January 1995 to 33 by the time the Sen- During the period when Republicans about my respect for the ability of ate was reorganized in the summer of had nominations to that court—when Judge Scalia to reason. This is a log- 2001. Republicans allowed only 7 circuit Scalia and Thomas served there—the ical man, a brilliant man. But we, for court judges to be confirmed per year; court, clearly any legal scholar can tell various reasons, knew quite a lot about on average, we confirmed 17 in just 17 you, began to limit opportunities for Scalia. He had written opinions before months. individual citizens and judges to rep- he went to the Supreme Court. And

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2665 even though some of us may not have and Wilkinson—the DC Circuit would Now the Republicans want to say it agreed with his judicial philosophy, no need only 9 judges to handle these is wrong and unconstitutional to need one—no one—can dispute his legal at- cases, not 10 or 11 or 12. 60 votes. It is not quite worth a hearty tributes, his legal abilities, his ability In fact, under their analysis, 8 DC laugh, but it is sure kind of funny for to reason and think. Circuit judges could probably handle them to say it is unconstitutional. Un- Scalia recently authored a majority the 1,400 appeals if each judge took a constitutional that we are following opinion for the Supreme Court in favor few more cases on average—175 rather the Constitution—article II, section 2, of the Republican Party of Minnesota than 162. In fact, the First Circuit had of the Constitution? that ABA-modeled ethics rules could 1,463 appeals that year, more than the Now Republicans want to say it is not prevent a judicial candidate from DC Circuit, but they only have 6 wrong and unconstitutional to need 60 sharing his views on legal issues. That judges. votes—more than a majority—to end a was Scalia, the person I just bragged So let me be as clear as I can. I am debate under longstanding Senate about. not saying that the DC Circuit needs rules, but it is not antidemocratic and While there might have been some only eight judges and that Estrada and unfair for Republicans to allow just ambiguity about how much a judicial Roberts are people for whom they one member of their own party—maybe candidate could say before that Su- should not have submitted their two or three—to prevent a vote up or preme Court decision last summer, names. I am simply saying that these down on a judicial nominee, or at least after that decision there is none now, were the Republican arguments against allow us to file a motion to invoke clo- and Mr. Estrada has no ethical basis confirming Merrick Garland and any ture; that is, when a Democrat was for refusing to answer the questions other Clinton appointees to that court. President. that we say he has not answered. Now they are strangely silent on the Madam President, I know the Sen- Let’s talk about Silberman a little plummeting caseload of the DC Circuit ator from New York is here to speak. Is more. and whether it is important we spend that true? I will have plenty of oppor- He told Senator GRASSLEY that the $1 million per year for each job. tunity at a subsequent time to speak. addition of another judge on that court These saviors of the budget—the ma- But there will be a time when I respond would make it ‘‘more difficult’’ ‘‘to jority—and they are responsible, along to the statement the junior Senator maintain a coherent stream of deci- with the President, for the largest def- from Texas made yesterday regarding sions.’’ Surely he did not mean that icit in the history of the world, almost the Senate’s role on confirmations. I the addition of a Democrat appointee $500 billion this year—are not con- look forward to doing that. to that court filled with Republican ap- cerned, I guess, about $1 million per I apologize to my friend from New pointees would make it more difficult year. Because you are talking about York. She had duty here at 5 o’clock, to have unanimous decisions by mostly four judges or so, and that is only $4 and I have taken far too much time. Republican panels. million. And when we have a deficit ap- I did want to respond to some state- My friend Senator GRASSLEY and proaching $500 billion, I guess that is ments made when the Senator from other Republicans also relied on the chump change. New York was not on the floor. I felt it views of another Republican appointee, After delaying Garland from 1995 to was important that the record be made Judge J. Harvie Wilkinson of the 1997, 23 Republicans still voted against clear. Fourth Circuit. I don’t know much the confirmation of this The PRESIDING OFFICER. The Sen- about Harvie Wilkinson. I don’t know uncontroversial and well-liked nomi- ator from Utah. if he is giving advice about how to em- nee. I think it is important note that, Mr. BENNETT. Madam President, I barrass Democrats in his judicial ca- despite Garland’s unassailed reputation understand that the Senator from New pacity, which is unethical and against for fairness, Republicans forced him to York wishes to speak. I don’t wish to the canons of judicial ethics. But I wait on the floor all this time—even delay her, but in the spirit of going don’t know anything about Harvie after he was voted out of committee— back and forth, I have sought to be rec- Wilkinson, other than what I am going 11 months on the floor. ognized. I will not take a great deal of to tell you right now. He said: Clinton’s two other nominees to the time because I want to be sure the Sen- [W]hen there are too many judges . . . DC Circuit were not nearly as fortu- ator from New York is given the proper there are too many opportunities for Federal nate. Elana Kagan and Allen Snyder opportunity to speak. intervention. were never allowed a committee vote Mr. REID. Madam President, because So this makes me think that the op- or a floor vote. They were held up by of the graciousness of the Senator from position to Garland getting a vote was anonymous Republicans. Utah, I ask unanimous consent that pretty political. That is worse than what we are following the statement of the Senator Well, then look at what happened. doing—absolutely, totally worse. What from New York, the Senator from Utah Another Republican appointee to the we are doing is within the rules be- be recognized. DC Circuit retired, and then the Repub- cause you have rules that you can fol- Mr. BENNETT. Madam President, I licans said the DC Circuit did not need low. If it is not put out of committee, would object because I have the floor. an 11th judge on that court. Garland you have no recourse. If they had Mr. REID. I am sorry. I thought you would have then been the 11th judge in- brought it to the floor, we could have were going to let her speak. stead of the 12th. at least tried to invoke cloture. And Mr. BENNETT. I do intend to let her So the Republicans came to the floor that is what the majority can do now. speak, but I would like to give my stating that the declining caseload of They did not even give these two statement first. the DC Circuit did not warrant the ap- qualified people—both of whom grad- Mr. REID. I didn’t understand that. pointment of a Clinton appointee. They uated first in their class, Harvard— Then I ask unanimous consent that the argued that 10 judges could handle the they were never even allowed a com- Senator from New York be recognized 1,625 appeals filed in the then-most-re- mittee vote, or certainly not a floor following the Senator from Utah. I cent year for which statistics were vote. They were held up by anonymous would say to the Senator from Utah, available. Republicans. the Senator from New York has been I can only imagine what the Repub- Now, we are not doing anything in waiting a long time, so in the matter of licans would be saying now if Gore— the dark of the night. We do not have who has been here the longest, it has who got more votes in the last election anonymous holds on Miguel Estrada. been her. than did the President—if he had won We are out here on the floor saying, we The PRESIDING OFFICER. Without the Supreme Court case in that elec- want information on him. Until we get objection, it is so ordered. tion recount. Now, the number of cases it, we are going to vote against this Mr. BENNETT. I thank my friend filed in the DC Circuit has fallen by an- man. And I assume these anonymous from Nevada. I sit behind him. He may other 200 per year, down to 1,400 in 2001, holds—I don’t know how many it was— not have noticed how long I was wait- the most recent year for which statis- one, or two, or three, or four, or five ing. tics are available. So under their anal- Republicans in the dark of the night I have been interested in this debate. ysis—that is, the analysis of Silberman preventing a vote. It goes on. As the Senator from Nevada

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2666 CONGRESSIONAL RECORD — SENATE February 25, 2003 has said, just about everything that land and Rogers faced nothing like the in- ity. If you are amending the Constitu- can be said has been said. But at the quest to which Estrada was subjected. Both, tion, you have to have a two-thirds ma- same time the country is beginning to along with Judge David Tatel—the other jority. These are serious enough mat- Clinton appointee now on the court—faced ters, with long-term impact, that they discover this debate. While everything only a brief and friendly hearing. may have been said on the floor, it must have a two-thirds majority. I would note, outside of the article, seems that not everything has been They could have said: The advise and that that brief and friendly hearing said out in the country. It is inter- consent power always requires a super- was under Republican auspices because esting to me that we are getting more majority, but they did not. The Found- Republicans controlled the Senate. and more editorial comment through- ing Fathers made it very clear those Back to the article: out the Nation on this issue. specific areas where a supermajority One that came to my attention just And none was pushed to give personal would be required and then left it to an views on those matters on which his or her ordinary majority on the advise and this morning is in this morning’s sense of propriety induced reticence. To be Washington Post. Those who get upset sure, there was no controversy surrounding consent power with respect to Presi- about what they believe is the liberal the fitness of any of the Clinton nominees, so dential nominations. And throughout bias of the newspapers usually do not the situation is not quite parallel. When Gar- the entire history of the Republic, we include the Washington Post among land, a moderate former prosecutor who had have followed the pattern of a simple the list of those publications favorable recommended the death penalty, said he majority for the advise and consent to Republicans. There are columnists could apply the law of capital punishment, power to be exercised by the Senate. there was no reason to suspect he might be in the Washington Post that are con- Make no mistake, if the Senate sets shielding views that would make him dif- the precedent in the Estrada case that sidered favorable to Republicans. Mr. ficult to confirm. By contrast, many Demo- Novak comes to mind. But the Post crats suspect that Estrada’s refusal to dis- the advise and consent power from this itself is considered to be part of the cuss Roe is intended to conceal his allegedly time forward requires a supermajority leftwing media, according to those on extremist views. But that only begs the of 60 votes, they are changing forever talk radio. question of why Estrada is controversial in the pattern of the Senate’s relationship So when someone who is part of the the first place that Democrats think it ap- to the executive branch in this area. I establishment of the Washington Post propriate to demand that he bare his judicial am not one who says that is unconsti- editorial page speaks out on this issue soul as a condition of even getting a vote. tutional. I think it is within the power and says something contrary to that This is the conclusion of this portion of the Senate. I disagree with those which is normally assumed to be the of the op-ed piece: who are saying it violates the Con- party line of the mainstream media, it Nothing about his record warrants aban- stitution. I think it violates the intent is worth noting and commenting on. doning the respect for a nominee’s silence of the Framers of the Constitution. I In this morning’s Washington Post, that has long governed lower court nomina- think that is very clear. But it is with- tions. Benjamin Wittes, a member of the edi- And silence is the only honorable response in the power of the Senate to do that if torial page staff, has an op-ed piece en- to certain questions. It is quite improper for we want. titled Silence is Honorable. nominees to commit or appear to commit As I have said before, we on our side I would like to quote from it at some themselves on cases that could come before of the aisle discussed this when we length. This is how Mr. Wittes begins: them. were faced with those nominees from Asked whether the Constitution evolves That is the end of that quote. This is President Clinton whom we considered over time, the nominee to the U.S. Court of the standard we followed in this body controversial. There were those in our Appeals for the District of Columbia Circuit for many years. I will not pretend that conference who insisted that we must told the Senate Judiciary Committee that, members of the Judiciary Committee do that—change the pattern and re- while such debates were interesting, ‘‘as an of both parties in Congress, controlled quire President Clinton’s nominees to appellate judge, my obligation is to apply pass the 60 point bar. To his credit, my precedent.’’ Asked whether he favored cap- by both parties, would use the Judici- ital punishment, a nominee said only that ary Committee, the blue slip process senior colleague from Utah argued the death penalty’s constitutionality was and other patterns of senatorial cour- firmly against that. Even though he ‘‘settled law now’’ and that he didn’t ‘‘see tesy to keep people from getting to the was against the nominees in some any way in which [his] views would be incon- bench. That is part of our history. That cases, he said we must not change the sistent with the law in this area.’’ has always been done. But once a hear- historic pattern that says once a nomi- Miguel Estrada, one of President Bush’s ing has been held and the committee nee is voted out of the committee, he nominees to the D.C. Circuit, is facing a fili- or she gets a clear up-or-down vote by buster by Democratic senators who claim has voted out a nominee, we have al- that his refusal to address their questions at ways allowed that nominee to go to a a majority. To his credit, the Repub- his hearing—combined with the White vote. That is the standard that has lican leader at the time, the majority House’s refusal to release his memos from been established in this body. That is leader, Senator LOTT, said exactly the his days at the solicitor general’s office— the standard that has been followed by same thing: We must not go down that makes him an unreadable sphinx. Yet the Democrats and Republicans alike. And road. Those in our conference who said careful answers quoted above are not that is the standard that is being let’s do it on that particular judge Estrada’s. The first was given by Judge Ju- changed in this circumstance. agreed and backed down, and no matter dith Rogers at her hearing in 1994, the second The Senator from Nevada talked a how strongly people on this side of the by Judge Merrick Garland the following year. Both were named to the bench by good bit about the Constitution and aisle felt about a particular judge, President Clinton. Neither was ever accused questions that have been raised about there was never an attempt to use the of stonewalling the committee. And both constitutionality by the Republicans. I filibuster power to change what we were confirmed. would simply point out this obvious considered to be the clear intent of the But the rules they are a-changin’, and an- fact with respect to the Constitution Founding Fathers and change the ad- swers barely distinguishable from these are on this question: The Founding Fa- vise and consent situation, where there no longer adequate. Asked whether he thers gave the power to advise and con- was an additional supermajority re- thought the Constitution contained a right sent in certain executive decisions to quired, an additional supermajority to privacy, Estrada said that ‘‘the Supreme Court has so held and I have no view of any the Senate. The Founding Fathers rec- added to that which the Founding Fa- nature whatsoever . . . that would keep me ognized that the power to advise and thers themselves wrote into the Con- from apply[ing] that case law faithfully.’’ consent was a very significant one, an stitution. Asked whether he believed Roe v. Wade was unusual one held solely to the Senate. Now the Democrats have decided correctly decided, he declined to answer. So they outlined those areas where the they are going to do that. It is their While he has personal views on abortion, he power to advise and consent would re- right. To me, it signals a determina- said, he had not done the work a judge would quire a supermajority. tion on their part that they expect to do before pronouncing on the subject. Roe The Founding Fathers said: If you be in the minority for a long time. One ‘‘is there,’’ he said. ‘‘It is the law . . . and I will follow it.’’ are advising and consenting on a trea- of the reasons Senator HATCH gave for The real difference between Estrada’s ques- ty, which becomes law when it is rati- us not to do it was, we will have an op- tioning and that of Garland and Rogers is fied, equal to the Constitution, then portunity in the future to be voting on not that Estrada held back. It is that Gar- you have to have a two-thirds major- nominees offered by a President of our

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2667 own party, and if we do this to the Mrs. CLINTON. Yes. Those who are on the floor and pre- other party, they will then feel com- Mr. DORGAN. I ask unanimous con- pared to speak, I expect that is the way fortable in doing it to the nominees of sent that I may speak following the we ought to recognize people. our party; let’s just not do that. speech of the Senator from New York. Mr. BENNETT. I thank my friend for I think by deciding to do this on this Mr. BENNETT. I object. There is a his consideration. I say to him he nominee, the Democrats have virtually Republican speaker coming. I would caught me at somewhat of a disadvan- conceded the fact that they do not ex- amend the UC request to say that Sen- tage in that I am the only one on the pect another Democratic President for ator TALENT, if he is on the floor, be floor and didn’t know what was going long time. They believe they will be in recognized first, and then Senator DOR- on. I am trying to accommodate people the minority for a long time and, GAN be recognized. on both sides, which is why I want to therefore, they must establish this The PRESIDING OFFICER. Is there make sure the Senator from North Da- weapon as one of the weapons they will objection? kota is recognized to speak. use as part of the minority to obstruct Mr. DORGAN. Reserving the right to Mr. DORGAN. Madam President, con- the activities in the Senate for a long object, I have not followed the order on tinuing to reserve the right to object, time to come. the floor of the Senate today. I don’t if this is the process, I will simply at I hope they decide ultimately to bet know whether the Senator from Utah some appropriate point ask for a time on the future. I hope they decide ulti- has. I was told I would be recognized at certain to speak tomorrow and will be mately they do expect that there will 5:30 and was prepared to do that. If here promptly at that time. I am here be a Democratic President sometime in there has been a process today in which now and those who the Senator from the future, that they do expect there Republicans and Democrats follow each Utah is attempting to protect are not will be a Democratic Senate sometime other precisely, then I will understand here. I will not object because I do not in the future and they want to save for what the Senator from Utah is trying want to interrupt an order apparently the future the right that every Presi- to do. If not, I am here. The reason I they think on that side exists. If that, dent, Democrat or Republican, and am here is to present remarks fol- in fact, is the order, we will certainly every Senate, Democrat or Republican, lowing the Senator from New York. If make sure that is the case for people has maintained since the founding of others wish to be involved in the line- on both sides of the aisle as we proceed. the Republic 21⁄2 centuries ago. up, I will be happy to entertain that. I Mr. BENNETT. I would expect the Madam President, if I may go back to guess I don’t understand the cir- Democratic leader to be sure of enforc- the article written by Benjamin Wittes cumstance under which the Senator ing the same process on behalf of Sen- in this morning’s Washington Post from Utah is opposing this. ators on his side of the aisle. that summarizes the implications of Mr. BENNETT. I am not sure what Mr. DORGAN. Madam President, I do going in this direction and what it will the circumstance was prior to my com- not think that is the most efficient use do long term, he says: ing to the floor either. I was told we of time in the Senate. It seems to me Not knowing what sort of judge someone were going back and forth. If I might those who are here want to be recog- will be is frustrating, but that is the price of inquire as to how much time the Sen- nized to proceed. Recognizing it is not judicial independence. While it would be nice ator would use, perhaps there would be the most efficient use of time, I will to know how nominees think and what they not object to the request by the Sen- believe and feel, the price of asking is too no problem. Mr. DORGAN. It was my intention to ator from Utah. high. The question, rather, is whether a Mr. BENNETT. I thank my friend. nominee will follow the law. Estrada has said consume an hour, but I will not do The PRESIDING OFFICER. Without that he will. Those who don’t believe him are that; it will be a half hour. I would cer- duty bound to vote against him, but they objection, it is so ordered. The Senator tainly be accommodating to anybody from New York. should not oblige nominees to break the si- else. I would like to speak, and others lence that independence requires. Mrs. CLINTON. I thank the Chair. are not here. I don’t intend to inter- Madam President, I have been, as I That is what our friends on the rupt. If there is an order established, I Democratic side are doing. They have said, listening with great interest to do not want to interrupt that. I don’t the debate on this issue. It is a very never demanded it before. We did not know that to be the case. demand it of their nominees. They are significant and important debate. As I Mr. BENNETT. I don’t know that to often do when I come to the Chamber, changing the rules—‘‘the rules they are be the case all day long. I do know that a’changing,’’ as Mr. Wittes points out. I imagine, instead of being a Senator was the case earlier. Reserving the with the great honor of representing I ask my friends on the Democratic right for my friend who is anticipating side to think long and hard about the the State of New York and speaking in to be here at 6, and was told in advance this Chamber, that I am just another long-term consequences of changing he could be here at 6, I renew my unan- the rules—changing the rules, as Mr. citizen, as I have been most of my life, imous consent request that following watching the debate on C–SPAN or one Wittes talks about it, in terms of what the Senator from New York, the Sen- is demanded of nominees; changing the of the other television networks that ator from Missouri, Mr. TALENT, would rules as we are talking about it here in might cover parts of it, and I would be be recognized to speak, after which the terms of the supermajority that would asking myself: What is this all about? Senator from North Dakota, Mr. DOR- be added to the existing constitutional Why has so much time been consumed GAN, would be recognized. in the Senate over this one nominee? requirement of the Senate as it per- The PRESIDING OFFICER. Is there forms its role in advising and con- The bottom line answer is that this objection? side of the aisle has a very deep consenting to executive nominations. Mr. DORGAN. Reserving the right to With that, I yield the floor. cern about any candidate seeking a The PRESIDING OFFICER. The Sen- object—and I will now object—if the lifetime position who refuses to answer ator from New York is recognized. other side wishes to protect people who the most basic questions about his ju- Mrs. CLINTON. Madam President, I are not here in deference to those who dicial philosophy. And that, in fact, to thank the Senator from Utah for his are here, I expect the Senator from permit such a candidate to be con- kindness and consideration with re- Utah would want us to do the same firmed without being required to an- spect to the order. I was happy to have thing on this side of the aisle. If a Re- swer those questions is, in our view, a the opportunity to hear him, as I often publican is waiting to speak, and a fundamental denial and repudiation of am. Democrat is not yet on the floor, but our basic responsibilities under the ad- With respect to the arguments that someone here says it is really the op- vice and consent clause of article II, have been made in the last hour or so, portunity for the Democrats to speak section 2, of the U.S. Constitution. I think it is clear that there is a funda- even if the Republican is here, we will Earlier this afternoon, as I was wait- mental difference of opinion regarding object. So I guess I understand the ing for my opportunity to speak, I the Senate’s obligation and duty under point the Senator from Utah is mak- heard the Senator from Idaho admit the advise and consent clause of the ing. I will not object to his request as that he had, based on philosophy, voted U.S. Constitution. long as he understands that we will do against certain nominees who had been Mr. DORGAN. Will the Senator yield that, I suppose. I don’t think it is the sent to the Senate by President Clin- for a unanimous consent request? most efficient way of handling things. ton. I happen to think that is a totally

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2668 CONGRESSIONAL RECORD — SENATE February 25, 2003 legitimate reason to vote for or against refuse to answer the questions posed by overruled ABA model restrictions a nominee. I happened to agree with a Judiciary Committee member. against candidates for elective judicial the Senator from Idaho when he said If there were any doubt about this office from indicating their views. I he voted against nominees by Presi- standard, all doubt was removed last think the reasoning is applicable to dent Clinton based on philosophy. That year. How was it removed? It was re- those who are nominated and con- is an integral part of the advise and moved in a Supreme Court opinion ren- firmed by this body for important judi- consent obligation. dered by Justice Scalia arising out of a cial positions within the Federal judi- The problem that we have on this case brought by the Republican Party ciary. side of the aisle is we cannot exercise concerning the views of judges. Justice Scalia explained in the ma- the advise and consent obligation be- For the record, I think it is impor- jority opinion, even if it were possible cause we do not get any answers to tant we understand this because per- to select judges who do not have pre- make a determination for or against haps some of my colleagues have not conceived views on legal issues it this nominee based on philosophy. I been informed or guided by the latest would hardly be desirable to do so. could not have done a better job than Supreme Court decisions on this issue, I want my friends on the other side the Senator from Idaho did in summing but I think they are not only relevant, to hear the words of one of the two fa- up what the problem is. I thank the they are controlling, to a certain ex- vorite Justices of the current Presi- Senator from Idaho for being candid, tent, when we consider how we are sup- dent, Justice Scalia: Even if it were for saying he voted against President posed to judge judges. possible, it would not be desirable. Clinton’s nominees based on philos- Republicans focus on the ABA model Why? Because, clearly, we need to ophy. code that judicial candidates should know what the judicial philosophy is. We could resolve this very easily if not make pledges on how they will rule Judges owe that to the electorate, if the nominee would actually answer or make statements that appear to they are elected; to the Senate if they some questions, legitimate questions commit them on controversies or are appointed. that would permit those of us who have issues before the court. They are, un- Justice Scalia goes on: Proof that a to make this important decision and derstandably, using this as some kind justice’s mind at the time he joined the are not just saluting and following or- of new threshold set by Mr. Estrada court was a complete tabula rasa in the ders from the other end of Pennsyl- who refused to answer even the most area of constitutional adjudication vania Avenue, by being able to look basic questions about judicial philos- would be evidence of lack of qualifica- into the philosophy and then deciding: ophy or his view of legal decisions. tion, not lack of bias. And since avoid- Are we for this nominee or are we Some judicial candidates, it is true, ing judicial preconceptions on legal against this nominee? go through with very little inquiry. issues is neither possible nor desirable, This nomination would also be expe- They come before the Judiciary Com- pretending otherwise by attempting to dited if the President and his legal mittee. They are considered main- preserve the appearance of that type of counsel would respond to the letter of stream, noncontroversial judges. impartiality can hardly be a compel- February 11 sent to the President by Frankly, the Senators do not have ling State interest, either. In fact, that the minority leader and the distin- much to ask them. They go through is Justice Scalia quoting Justice guished ranking member of the Judici- the committee. They come to the floor. Rehnquist. ary Committee asking for additional That is as it should be. Were it pos- Before this decision, some judicial information on which to make a deci- sible, that is the kind of judge that candidates may have thought—and sion concerning this nominee, and, in should be nominated—people whose some of my colleagues may have fact, both Senators Daschle and Leahy credentials, background, experience, thought—that judicial candidates are very explicit about what informa- temperament, and philosophy is right could not share their views on legal tion is required. I will reiterate the re- smack in the center of where Ameri- issues, and I think that might have quest. Specifically, they asked the cans are and where the Constitution is been a fair assessment of the state of President to instruct the Department when it comes to important issues. the law at that time. But that is no of Justice to accommodate the request When someone does not answer ques- longer a fair assessment. for documents immediately so that the tions or when they are evasive, it takes A judicial candidate cannot be com- hearing process can be completed and longer and you keep asking and you pelled to share his views, but Justice the Senate can have a more complete ask again and again. That was, unfor- Scalia tells us that a judicial candidate record on which to consider this nomi- tunately, the case with this particular who does not share his views refuses to nation and, second, that Mr. Estrada nominee. do so at his own peril, and that is ex- answer the questions he refused to an- The Republican Party sued the State actly what this nominee has done. At swer during the Judiciary Committee of Minnesota to ensure their can- his own peril, he has gotten his march- hearing to allow for a credible review didates for judicial office could give ing orders from the other end of Penn- of his judicial philosophy and legal their views on legal issues without vio- sylvania Avenue, from all those who views. lating judicial ethics. Republicans took advise judicial nominees, from the Fed- I would argue, we are not changing that case all the way to the Supreme eralist Society and all the rest of those the rules. In fact, we are following the Court. In an opinion by Justice Scalia, organizations, not to answer any ques- rules and the Constitution, and we are the Supreme Court ruled that the eth- tions, to dodge all of the issues, to pre- certainly doing what the Senator from ics code did not prevent candidates for tend not to have an opinion about any Idaho said very candidly he did with re- judicial office from expressing their Supreme Court case going back to spect to President Clinton’s nominees. views on cases or legal issues. In fact, Marbury v. Madison. We are trying to determine the judicial Justice Scalia said anyone coming to a Well, he does so, in Justice Scalia’s philosophy of this nominee in order to judgeship is bound to have opinions words, at his peril. That is what has exercise our advise and consent obliga- about legal issues and the law, and brought this nomination to this floor tion. there is nothing improper about ex- for all these days, because this nomi- I have also been interested in my pressing them. nee wants to be a stealth nominee. He friends on the other side of the aisle Of course, we do not and should not wants to be a nominee who is not held talking and reading from newspapers expect a candidate to pledge that he is accountable for his views so that we and asserting that we are somehow re- always going to rule a certain way. We who are charged under the Constitu- questing more information from this would not expect a candidate, even if tion to make this important judgment nominee than from other nominees and he agreed that the death penalty was cannot do so based on his judicial phi- that, in fact, it is honorable not to an- constitutional, to say: I will always up- losophy. swer relevant questions from Judiciary hold it, no matter what. That would be Justice Scalia has a lot to say to my Committee members. It may be honor- an abuse of the judicial function and friends on the other side. If it were pos- able by someone’s definition of honor, discretion. sible to become a Federal judge, with but it is not constitutional. It is fun- Specifically, in Republican Party of lifetime tenure, on the second highest damentally against the Constitution to Minnesota v. White, the Supreme Court court of the land, without ever saying

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2669 anything about your judicial philos- ecutive; let him name whoever he portant we join hands and work on this ophy, I think that would be aston- wants. Or they could have said: No, issue along with many others who af- ishing. It would be troubling. It would let’s put it in the jurisdiction of the fect the lives of children as well as men run counter to the Constitution and to legislature; let them name whoever and women across America. this opinion written by one of the most they want. Instead, as is the genius of Occasionally, a movie comes to the conservative members of the current our Founders and of our Constitution, screen that brings to life the stories Court. there was a tremendous bargain that that have become routine in the news- Mr. Estrada basically has come be- was struck, rooted in the balance of papers and that we too often ignore— fore this Senate and claimed he cannot power that has kept this Nation going the stories of children living with give his view of any Supreme Court through all of our trials and tribu- abuse and neglect, shuffled in and out case without reading the briefs, listen- lations, all of our progress, that bal- of our foster care system, often with ing to the oral argument, conferring ance of power which said we do not little guidance from or connection to with colleagues, doing independent want this power to rest in any one any one adult. Too often these stories legal research, and on and on. That is branch of Government; we want it end in the most tragic way possible: just a dressed up way of saying: I am shared. We want people to respect each 7-year-old Faheem Williams in New- not going to tell you my views, under other across the executive and legisla- ark, NJ was recently found dead in a any circumstances. tive lines when it comes to the third basement with his two brothers where One has to ask himself—and I do not branch of Government. they were chained for weeks at a time. want to be of a suspicious mindset— So, OK, Mr. President, you nominate. 6-year-old Alma Manjarrez in Chi- why will this nominee not share his OK, Senators, you advise and consent. cago was beaten by her mother’s boy- views? Are they so radical, are they so That is what this is about. friend and left to die outside in the outside the mainstream of American Sometimes I wonder, as my friends snow and cold of the winter. judicial thought, that if he were to on the other side talk about it, how And despite 27 visits by law enforce- share his views, even my friends on the they can so cavalierly give up that con- ment to investigate violence, 7-year- other side would say wait a minute, stitutional obligation. The unfortunate old Ray Ferguson from Los Angeles that is a bridge too far; we cannot con- aspect of this is we could resolve this was recently killed in the crossfire of a firm someone who believes that? very easily. All the White House has to gun battle in his neighborhood. How can I go home and tell my con- do is send up the information. Let Mr. Antwone Fisher’s story is different. stituents that I voted for somebody Estrada answer the questions. He may Mr. Fisher overcame tremendous who actually said what he said? I can- still have a majority of Senators who odds: He was born in prison, handed not think of any other explanation. would vote to put him on the DC Cir- over to the State, and lived to tell his Why would a person, who clearly is in- cuit. I do not know how it would turn story of heartbreaking abuse. At the telligent—we have heard that con- out because I do not have the informa- age of 18, he left foster care for the stantly from the other side—who has tion. streets. With nowhere to turn, he found practiced law, not be familiar with the While we are in this stalemate caused the support, education, and structure procedures of the Judiciary Com- by the other end of Pennsylvania Ave- in the U.S. Navy. In the Navy, Fisher mittee, of the constitutional obligation nue, which for reasons that escape me received a mentor and professional of advise and consent or even of Justice have dug in their heels and said, no, counselor, which helped him turn his Scalia and Justice Rehnquist’s opin- they will not tell us anything about life around. ions about the importance of answering this person, there is a lot of other busi- Mr. Fisher survived his childhood and such questions? ness that is not being done, business has lived to inspire us all and send us So I have to ask myself: What is it about the economy, the environment, a stern reminder that it is our duty to the White House knows about this education and health care, business reform the foster care system so that nominee they do not want us to know? that really does affect the lives of a lot no child languishes in the system, left And if they do not want us to know, of Americans. to find his own survival or to die. they do not want the American people On that list of business that I con- Antwone’s success story should be the to know. I find that very troubling. sider important is what is happening in rule not the exception. I do not agree with the judicial phi- our foster care system. Tomorrow Tomorrow night, House Majority losophy of many of the nominees sent evening, I will have the great privilege Leader TOM DELAY and I will be up by this White House. I voted against of hosting the showing of a tremendous cohosting a screening of the movie a couple of them. I voted for the vast movie about the foster care system, ‘‘Antwone Fisher’’ for Members of Con- majority of them, somewhere up in the along with Congressman TOM DELAY. I gress. We decided to host this together 90 percentile. At least I felt I could ful- invite all of my colleagues from both because we both feel that it is impera- fill my obligation so when I went back Houses of Congress to come and see tive that we raise national awareness to New York and saw my constituents this movie that vividly illustrates about foster care—through one child’s and they asked why did I vote for X, I what happens in our foster care sys- own experience—and encourage our could say to them it was based on the tem. colleagues to tackle this tough issue record. He may not be my cup of judi- I have worked in the past with Con- with us. cial tea, but he seems like a pretty gressman DELAY to try to improve the Congressman DELAY and I had re- straightforward person. Here is what foster care system. I look forward to ceived an award together in the year he said and that is why I voted for him. doing that in the future. He has a great 2000 from the Orphan Foundation of Or to the contrary, I could not vote for commitment to the foster care system America for the work that we both this nominee because of the record that and the foster children who are trapped have done in this area. Earlier this was presented. within it. I use that word with great year, I asked my staff to reach out to I cannot do that with this particular meaning because, indeed, that is often his staff to find ways we might work nominee. And you know what. The what happens to them. And the stories together to focus on this issue. This other end of Pennsylvania Avenue that of abuse and neglect that first lead movie was a natural fit for both of us is calling the shots on this nomination children to go into the foster care sys- and I look forward to continuing to does not want me to have that infor- tem are compounded by the stories of work with Representative DELAY as we mation. abuse and neglect once they are in that take a hard look at reforming our fos- I think that is a denial of the basic system. ter care system. Congressman DELAY bargain that exists under the Constitu- Mr. Fisher will be joining Congress- and his wife, Christine, are strong ad- tion when it comes to nominating and man DELAY and me at the Motion Pic- vocates for foster children and are fos- confirming judges to the Federal ture Association screening room for ter parents themselves. courts. this important movie. This is a screen- I hope that many of my colleagues in It could have been different. The ing just for Members of Congress. I the Senate will take us up on the invi- Founders could have said let’s put all think it will illustrate better than cer- tation and join us for this important of this into the jurisdiction of the Ex- tainly my words could why it is so im- movie.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2670 CONGRESSIONAL RECORD — SENATE February 25, 2003 But, for those who can’t join us, I ed and no child should ever have to President Bush has put a proposal on wanted to share a little bit about leave the system at 18, with absolutely the table to change the way foster care Antwone’s story in his own words from no support. is financed in order to provide greater his book, ‘‘Finding Fish’’— There are approximately 542,000 chil- flexibility so that states can do more The first recorded mention of me and my dren in our Nation’s foster care sys- to prevent children form entering fos- life was [from the Ohio State child welfare tem—16,000 of these young people leave ter care, to shorten the time spent in records]: Ward No. 13544. the system every year having never care, and to provide more assistance to Acceptance: Acceptance for the temporary been adopted. They enter adulthood children and their families after leav- care of Baby boy Fisher was signed by Dr. the way they lived their lives, alone. ing. Nesi of the Ohio Revised Code. Cause: Referred by division of Child Wel- In 1999, when I was First Lady, I ad- While I absolutely do not support fare on 8–3–59. Child is illegitimate; pater- vocated for and Congress took an im- block granting our child welfare sys- nity not established. The mother, a minor is portant step to help these young adults tem—I do think that it is important unable to plan for the child. The report when by passing the Chafee Foster Care Inde- that President Bush has come to the on to detail the otherwise uneventful matter pendence Act. This program provides table with an alternative financing sys- of my birth in a prison hospital facility and states with funds to give young people tem and I believe that it provides us my first week of life in a Cleveland orphan- assistance with housing, health care, with an opportunity to carefully con- age before my placement in the foster care and education. It is funded at $410 mil- sider how to restructure our child wel- home of Mrs. Nellie Strange. According to the careful notes made by the lion annually, and should be increased. fare system. second of what would be a total of thirteen But it was an important start to ad- We must ask critical questions: caseworkers to document my childhood, the dressing the population of children who Will States be required to maintain board rate for my feeding and care cost the ‘‘age-out’’ of our foster care system. child safety protection that we passed state $2.20 per day. This bill came after the important bias part of the Adoption and Safe Fami- Antwone went on to document that partisan Adoption and Safe Families lies Act? the child welfare caseworker felt that Act of 1997. As First Lady, it was an Will States be required to target his first foster mother had become ‘‘too honor to work on what’s considered to funds to prevention and post-foster attached’’ to him and insisted that he be one of the most sweeping changes in care services? be given up to another foster home. federal child welfare law since 1980. What happens if there is a crisis and The caseworker documents this It ensured that a child’s safety is more foster care children enter the sys- change: paramount in all decisions about a tem? Will States receive additional Foster mother’s friend brought Antwone in child’s placements. For those children funds? from their car. Also her little adopted son who cannot return home to their par- While I believe all of these questions came into the agency lobby with ents, they may be adopted or placed deserve answers, I applaud President Antwone. . . . They arrived at the door to into another permanent home quickly. Bush and Representative DELAY for the lobby and the friend and the older child Since the passage of this law, foster being willing to tackle this hard prob- quickly slipped back out the door. When child adoptions have increased by 78 lem. I look forward to working with Antwone realized that he was alone with the percent. them to find solutions so that we do caseworker, he let out a lust yell and at- not allow any child to fall through the tempted to follow them. The next major hurdle that I believe Caseworker picked him up and brought we need to tackle in reforming our cracks. him in. Child cried until completely ex- child welfare system is the financing This is just one of the many issues hausted and finally leaned back against case- system. that are basically left on the back workers, because he was completely unable Currently, we spend approximately $7 burner while we engage in this con- to cry anymore. billion annually to protect children stitutional debate that could be re- Later he describes when the case- from abuse and neglect, to place chil- solved if information were provided. worker brought him to his next foster dren in foster care, and to provide As I said, I have to question the rea- home—she too slipped out the door adoption assistance. The bulk of this sons why that information is not forth- when he was not looking. He says, ‘‘All funding, which was approximately $5 coming. It gives me pause. This admin- through my case files, everybody al- billion in fiscal year 2001, flows to istration is compiling quite a record on ways seemed to be slipping away in one States as reimbursements for low-in- secrecy. That bothers me. It concerns sense or another.’’ come children taken into foster care me. I think the American people are When Antwone arrived at the next when there is a judicial finding that smart enough and mature enough to foster home and as he grew, at first he continuation in their home is not safe. take whatever information there is was not told of his troubled entry into This funding provides for payments about whatever is happening in the the world: to foster families to care for foster world—whether it is threats we may But for all that I didn’t know and wasn’t children, as well as training and ad- face or the judicial philosophy of a told about who I was, a feeling of being un- ministrative costs. nominee. That is how a democracy is wanted and not belonging had been planted This funding provides a critical safe- supposed to work. If we lose our open- in me from a time that came before my ty net for children, who through dif- ness, if we turn over our rights to have memory. ficult and tragic circumstances end up information, we are on a slippery slope And it wasn’t long before I came to the absolute conclusion that I was an uninvited in the care of the state. It ensures that to lose our democracy. Now, of course, quest. It was my hardest, earliest truth that children are placed in foster care only in times of national crisis and threat to be legitimate, you had to be invited to be when it is necessary for their safety, it like we face now, there are some things on this earth by two people—a man and a ensures that efforts are made to re- you cannot share with everyone. But woman who loved each other. Each had to unify children with their families as you certainly can and should share agree to invite you. A mother and a father. soon as it safe, it works to make sure them with the people’s elected rep- Antwone Fisher never knew a perma- that the foster care placement is close resentatives. That is why we are here. nent home—never knew a loving moth- to their own home and school, and it I err on the side of trying to make sure er and father. Instead, he was left to requires that a permanency plan is put we share as much information as pos- fend for himself when he was expelled in place. All of these safeguards are sible. from foster care at 18—a time when the critical. For the life of me, I cannot under- state cuts off payments to foster par- The financing, however, is focused on stand why the White House will not ents. Antwone found himself on the the time the child is in foster care and share information about this nominee. streets and homeless. it continues to provide funding for Until it does, until Mr. Estrada is will- Thanks to the work of many on both States the longer and longer a child is ing to answer these questions, I have to sides of the aisle in Congress we have in the system. The funding is not flexi- stand with my colleague from Idaho—I begun important work to make sure ble enough to allow for prevention or cannot cast a vote until I know a little that Antwone’s story is not repeated. to help children as they exit the sys- bit more about the judicial philosophy. No child should have to grow up in fos- tem—critical times when children fall This is not a Republican or Democratic ter care from birth and never be adopt- through the cracks. request. This is a senatorial request.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2671 This is what the Senate is supposed to ing he is unqualified as a lawyer. No and conclude them with foreign coun- be doing. one is saying he is dishonest in terms tries but subject to the requirement I urge our colleagues and friends on of his professional dealings or dis- that two-thirds of the Senate ratify the other side of the aisle, do whatever honest as a man and, indeed, you could those treaties. So the Senate is given, you can to persuade the White House not say that based on his experience in effect, a little executive power. and the Justice Department to level which is clearly well known after the The Framers of the Constitution with the Senate, to level with the hours of debate we have put into this knew how to provide for the Senate to American people, to provide the infor- nomination. exercise the executive power they gave mation that will enable us to make an He arrived in this country knowing it by a supermajority vote when they informed decision and fulfill our con- very little English. He worked his way wanted to provide that. stitutional responsibility. up, if you will. He was a leader in his When the Framers said, we want to It seems to me to be the very min- law school class. He was on the Law actually take a little bit more power imum we can ask. It certainly is what Review. An achievement he was able to away from the President, they said, we has been provided and asked for in the get, as not all of us were able to get, he are not only going to require that the past. I hope it will be forthcoming, clerked for an outstanding judge, a Senate ratify treaties but we are going that the letter sent by Senators Democratic appointee on the Second to require that they ratify them by a DASCHLE and LEAHY will get a favor- Circuit, and then on the Supreme supermajority vote, a two-thirds vote. able response, we will be able to get the Court, and did an outstanding job in The Framers knew how do to that information the Judiciary Committee the Solicitor General’s Office, accord- when they wanted to do it. The as- has requested, that many Members feel ing to his supervisors of both parties. sumption is they didn’t want to take we need, and we can move on. We can No one is questioning his abilities or that extra measure of power away from tend to the people’s business, including honesty, as I understand it. As I under- the executive. Yes, they wanted to the need to reform our foster care sys- stand, no one is saying they think he is share the power of appointments with tem to try to save the lives of so many not competent or honest in the sense of the Senate, as several colleagues have children who would otherwise be left the standard that traditionally had said. They are correct in saying that. behind and left out of the great prom- been applied. What they are saying is The Senate is a partner in this process. ise of America. this. They are saying, first of all, they But according to its traditions, it has The PRESIDING OFFICER (Mr. will vote against the nominee, even to always been a junior partner. Accord- ing to the spirit of the Constitution, it ALEXANDER.) The Senator from Mis- an appellate court, because they dis- souri. agree with that nominee’s jurispru- exercises this partnership by a majority vote and not a supermajority vote. Mr. TALENT. When I was growing dence, which is, itself, a step beyond If we adopt the tradition in this body up, there was a tradition in the Senate what the Senate ever did in the past. that I observed as an outsider, of that we will filibuster nominees, if we But they are going beyond that. They suspect we might disagree with their course, about how the Senate handled are saying they will vote against the its constitutional function of giving jurisprudence, we are in effect saying it nominee, even to an appellate court, will require 60 votes for this body to advice and consent for presidential not just because they disagree with his nominees. The Senate pretty much un- confirm a judicial nomination. That, I jurisprudence, but because they sus- submit to you, is a usurpation of the derstood on the basis of a bipartisan pect they might disagree with his juris- executive authority as granted under consensus that its role was secondary, prudence. the Constitution. It is a shift in con- that its power was a check rather than And if he answered questions no stitutional authority away from the a primary power to appoint people, ei- other nominee who worked for the So- executive and to the legislature—and ther to the executive branch or to the licitor General’s Office has ever been not even to the Congress as a whole but judicial branch. I observed that Sen- expected to answer, and which they to the Senate. ators pretty much voted to confirm should not have to answer, given the As much as I stand up for the Sen- Presidential nominees if they believed need for the integrity of the executive ator from New York in saying as much those nominees were competent and if branch, but they are going beyond as we have to stand up for the preroga- they believed those nominees were hon- that. tives and the authority of the Senate est, and they did not inquire too great- The opponents on this floor of the under the Constitution, our first rely of the nominees’ philosophy for the Estrada nomination are not just saying sponsibility is to the Constitution and executive or into the nominees’ juris- they will vote against nominees if they to the distribution of powers, as the prudence for the legislative. There disagree with their jurisprudence, or letter of the Constitution indicates and would be flaps or personal problems, vote against them if they suspect they as the traditions of this Senate have but basically that was the role the Sen- might disagree with their jurispru- always confirmed. ate played and the traditional under- dence; they are saying they are not I am deeply concerned. If we were to standing of its constitutional function. even going to allow a vote on a nomi- adopt the standards being applied here Unfortunately, I think we will all nee even to an appellate court if they to Miguel Estrada across the board, we agree, that consensus has broken down suspect they might disagree with that would be doing something which is un- over the last few years. We will all nominee’s jurisprudence. constitutional and which violates the agree that both sides have some re- I ask my colleagues, I beg my col- spirit and I believe the letter of the sponsibility for that consensus break- leagues who are opposing this nomina- Constitution as well. ing down. What we are experiencing tion, to consider what this new stand- My second concern is that this kind now from the Senators who are oppos- ard, if it were to be adopted by the Sen- of a filibuster under these cir- ing and filibustering the Estrada nomi- ate as a whole, would mean for the cumstances will poison the operation nation is so extreme given the past tra- Constitution, would mean for the Sen- of the Senate on other matters. The fil- ditions of the Senate that it threatens ate, and would mean for Estrada, as ibuster, whatever you think of it, is a the spirit and, I argue, even the letter well. power that should be reserved for of the Constitution, and it threatens As I said, the Constitution assigned, issues of only the greatest seriousness. the ability of the Senate and the integ- we can all agree, the primary power of I am not saying an appellate court rity of the Senate to do the work of the appointment to the President. Yet the nomination isn’t important, it is im- people. Constitution shares some of that power portant, but it is an appellate court Let me go into that a little bit. First with the Senate and that is not un- nomination. Mr. Estrada, if he is con- of all, I take it from my understanding usual. Even though we have a separa- firmed to this post, whatever my col- of the debate that the Senators who tion of powers, there are a number of leagues may suspect his jurisprudence are opposing Mr. Estrada are not ques- instances where the executive is given might lead him to do, is not going to tioning his abilities as a lawyer or his a little legislative power, or the legis- change settled interpretations of the honesty or integrity as an individual. I lative is given a little executive power. Constitution of the United States that appreciate that. This is not a personal For example, when the President is can only occur on the Supreme Court attack on Mr. Estrada. No one is say- given the power to negotiate treaties level. And to haul out the nuclear

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2672 CONGRESSIONAL RECORD — SENATE February 25, 2003 weapon, if you will, of a filibuster on tisan politics. That’s wrong. When the Sen- at least for now, enough Democrats are hold- an issue that, while important, is not ate returns from its break, it should act ing together to prevent the full Senate from of the first letter of importance under- quickly to end this senseless bickering. acting. The arguments against Mr. Estrada’s mines the integrity and the ability of Born in Tegucigalpa, Honduras, Estrada confirmation range from the unpersuasive to came to the U.S. in 1978. Just 17, he could the offensive. He lacks judicial experience, this Senate to pull together on issues barely speak English. He proved to be a his critics say—though only three current that are of the first importance. quick study. Just five years later, he grad- members of the court had been judges before I agree with the Senator from New uated with honors from Columbia Univer- their nominations. He is too young—though York. We need to get on to issues of sity. he is about the same age as Judge Harry T. health care. We need to get on to issues After a three-year stint at Harvard Law Edwards was when he was appointed and sev- of education. We need to get on to School, where he served as editor of the pres- eral years older than Kenneth W. Starr was issues of defense and of tax relief to tigious Harvard Law Review, Estrada came when he was nominated. Mr. Estrada stonewalled the Judiciary Committee by re- create jobs. All of these things are very home to New York to clerk for a federal appellate judge, Amalya Kearse, who was ap- fusing to answer questions—though his an- important. That is why we should not pointed by Democratic President Jimmy swers were similar in nature to those of pre- filibuster an appellate court nomina- Carter. vious nominees, including many nominated tion. Allow a vote at least, I ask my After a clerkship with the Supreme by Democratic presidents. The administra- colleagues. Court—one of the highest honors a young tion refused to turn over his Justice Depart- Let me say finally that I am con- lawyer can receive—Estrada spent three ment memos—though no reasonable Con- cerned about the effect of this on the years as a federal prosecutor in New York gress ought to be seeking such materials, as justice that we as a body and as Ameri- City. He argued numerous cases before appel- a letter from all living former solicitors gen- late courts and 15 cases before the Supreme eral attests. He is not a real Hispanic and, by cans owe to the man whose interests the way, he was nominated only because he is and whose career are at stake here. Court. No wonder the American Bar Associa- tion gave him its highest rating: well-quali- Hispanic—two arguments as repugnant as Miguel Estrada is, after all, a person. fied. they are incoherent. Underlying it all is the Sometimes the great forces of history, Estrada’s compelling life story and super- fact that Democrats don’t want to put a con- of cultural division, and focus on per- lative qualifications explain why his nomi- servative on the court. sonal disputes involving broader issues nation has elicited such broad support. No Laurence H. Silberman, a senior judge on come to focus on one man or one fewer than 18 Hispanic organizations and the court to which Mr. Estrada aspires to countless individuals have called on the Sen- serve, recently observed that under the cur- woman. We have seen that happen rent standards being applied by the Senate, sometimes in our history. And it may ate to confirm him. Herman Badillo, a former Democratic congressman from New not one of his colleagues could predictably be unavoidable. But we should always York, calls him ‘‘a role model, not just for secure confirmation. He’s right. To be sure, keep in mind that we are dealing with Hispanics, but for all immigrants and their Republicans missed few opportunities to play a human being, a person who has done children.’’ politics with President Clinton’s nominees. his best by his life to keep his obliga- The League of United Latin American Citi- But the Estrada filibuster is a step beyond tions to his colleagues and to his coun- zens calls Estrada ‘‘one of the rising stars in even those deplorable games. For Democrats demand, as a condition of a vote, answers to try—a person who has excelled by any the Hispanic community and a role model for our youth.’’ And the U.S. Hispanic Chamber questions that no nominee should be forced standard. None is questioning that—a to address—and that nominees have not pre- person who has conducted himself with of Commerce calls his nomination a ‘‘historic event.’’ viously been forced to address. If Mr. Estrada integrity and has done so in a town Estrada’s nomination is equally popular cannot get a vote, there will be no reason for where it is sometimes difficult to con- among Democrats. Former vice President Al Republicans to allow the next David S. duct yourself with integrity. And his Gore’s chief of staff testifies that he is ‘‘a Tatel—a distinguished liberal member of the professional future is hanging, if you person of outstanding character and tremen- court—to get one when a Democrat someday will, on a thread. We ought to consider dous intellect’’ with an ‘‘incredible record of again picks judges. Yet the D.C. Circuit—and achievement.’’ Former President Bill Clin- all courts, for that matter—would be all the what is just to him. He deserves this poorer were it composed entirely of people post. He has worked hard for it. His ton’s solicitor general describes Estrada as ‘‘a model of professionalism and com- whose views challenged nobody. qualifications qualify him for the post. Nor is the problem just Mr. Estrada. John petence.’’ We should at least give him a vote. The support for Estrada is as deep as it is G. Roberts Jr., Mr. Bush’s other nominee to That is why the newspapers and the wide. Yet some Democrats in the Senate are the D.C. Circuit, has been waiting nearly two opinion of this country for the last filibustering his nomination—talking it to years for a Judiciary Committee vote. No- week or so have been decidedly in death and refusing to let their colleagues body has raised to substantial argument favor, if not of Mr. Estrada and I think vote. That’s just wrong. In fact, in the two against him. Indeed, Mr. Roberts is among the most highly regarded appellate lawyers most of the opinion of the country has centuries since our nation was founded, that has never happened to a nominee for the fed- in the city. Yet on Thursday, Democrats in- indeed be in favor of confirming him voked a procedural rule to block a com- for the reasons I have indicated—but at eral appellate courts. Simply put, the Senate should do its job, mittee vote anyway-just for good measure. least in favor of giving him a vote. put aside partisan politics and vote on It’s long past time to stop these games and I am not going to read all of the edi- Estrada’s nomination. It’s just common vote. torials, certainly. I ask unanimous sense—but unfortunately, common sense all [From the St. Louis Post-Dispatch, Feb. 7, consent to have printed in the RECORD too often gets shoved aside by party politics 2003] an editorial of February 7, 2003, from in Washington. the St. Louis Post-Dispatch, one my Here in New York, we know that now more A FILIBUSTER IS NOT A FIX hometown newspapers, and also a let- than ever we must put aside partisan dif- The process for appointing federal judges is badly broken. A filibuster won’t fix it. ter—they may already be in the ferences and work together for the best interests of all New Yorkers. We also know Democrats are trying to decide whether to RECORD—and one in the New York that the efforts of new immigrants or their filibuster the nomination of Miguel Estrada Daily News by Gov. George Pataki. children who, through hard work, achieved to the powerful federal appeals court for the There being no objection, the mate- the American dream—New Yorkers like District of Columbia. They consider Mr. rial was ordered to be printed in the Badillo, Secretary of State Powell and Estrada a stealth conservative who is being RECORD, as follows: Estrada—must be rewarded and emulated, groomed for the U.S. Supreme Court as a [From the New York Daily News, Feb. 17, not held hostage to party politics. Hispanic Clarence Thomas. The Democrats’ fear may turn out to be 2003] Estrada has reached the pinnacle of his profession and is a credit to the people of valid. But the filibuster is the parliamentary THE SENATE SHOULD CONFIRM ESTRADA equivalent of declaring war. Instead of de- (By Gov. George E. Pataki) New York. When the Senate finally confirms him, I have every confidence he likewise will claring war, the Democrats should sue for Miguel Estrada, President Bush’s nominee prove a credit to America’s judicial system. peace and try and to fix the process. for the District of Columbia Circuit Court of The Senate’s confirmation process is not supposed to be a rubber stamp. Judicial Appeals, is a New York success story—the [From the Washington Post, Feb. 18, 2003] embodiment of all that has made our state a nominees have been defeated for political beacon of freedom and opportunity around JUST VOTE reasons—often good political reasons. The the globe. The Senate has recessed without voting on Supreme Court is a better place without His life is an inspiration to us all, espe- the nomination of Miguel Estrada to the Clement Haynsworth, Harrold Carswell and cially to the children of new immigrants. U.S. Court of Appeals for the D.C. Circuit. Robert Bork. But ever since Mr. Bork, the Yet his nomination has gotten caught up in Because of a Democratic filibuster, it spent process of advise and consent has become at- the all-too-familiar Washington game of par- much of the week debating Mr. Estrada, and, tack and delay.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2673 During Bill Clinton’s presidency, the GOP- they are incoherent. Underlying it all is the is not a minus. I was honored to name controlled Senate held up highly qualified fact that Democrats don’t want to put a con- a Hispanic to the district court in Chi- nominees for ideological reasons. Then, dur- servative on the court. cago when I had that opportunity a few ing the two years of Democratic control, the Laurence H. Silberman, a senior judge on years ago. I believe our judiciary the court to which Mr. Estrada aspires to Senate held up highly qualified nominees should reflect the diversity of the from President George W. Bush. Now the Re- serve, recently observed that under the cur- publicans are ramming through judges as rent standards being applied by the Senate United States. And if this is an exam- fast as McDonald’s sling burgers. ... ple of affirmative action by the White The only consistent principle in this recent I ask you to listen carefully to this. House to put a Hispanic on the DC Cir- Senate history is that turnabout is fair play. . . . being applied by the Senate, not one of cuit court, I say: Three cheers. I think That’s a poor way to choose judges. his colleagues could predictably secure con- it is the right thing to do. Mr. Bush, like Ronald Reagan, considers firmation. He’s right. To be sure, Repub- It has nothing to do with his His- conservative ideology a key qualification for licans missed few opportunities to play poli- panic heritage. As I said, that is a plus. judgeship. Unfortunately, Senate Democrats tics with President Clinton’s nominees. But There is nothing negative about that in have set upon highly qualified nominees— the Estrada filibuster is a step beyond even any respect. What is at issue, and the such as Michael McConnell, a brilliant law those deplorable games. For Democrats de- professor, who was eventually confirmed—as reason the Senate has been tied up mand, as a condition of a vote, answers to wolfishly as they have upon weaker nomi- with this nomination, is the fact that questions that no nominee should be forced nees, such as Charles Pickering. Mr. Estrada has not been forthright in to address—and that nominees have not pre- In an ideal world, Mr. Bush would realize explaining who he is in terms of what viously been forced to address. If Mr. Estrada that the lackluster Mr. Pickering, a friend of cannot get a vote, there will be no reason for he believes. And that is a fair question. Sen. Trent Lott, R–Miss., raises divisive ra- Republicans to allow the next David S. If we are going to give someone a cial questions. In an ideal world, the presi- Tatel—a distinguished liberal member of the lifetime appointment to the DC Circuit dent would nominate the best-qualified legal court—to get one when a Democrat someday court—which is not just another court minds, not ideologies. But in the real world, Mr. Pickering is ac- again picks judges. Yet the D.C. Circuit—and for the District of Columbia, but a ceptable and Mr. Estrada is well-qualified. all courts, for that matter—would be all the major court in our Federal judicial sys- Mr. Estrada is an immigrant from Honduras poorer were it composed entirely of people tem—I think it is not only reasonable, who went to Harvard Law School, clerked on whose views challenged nobody. it is imperative that the Senate ask Nor is the problem just Mr. Estrada. John the Supreme Court and worked in the Solic- basic questions of Mr. Estrada. And we G. Roberts Jr., Mr. Bush’s other nominee to itor General’s office. Democrats, frustrated the D.C. Circuit, has been waiting nearly two did. Time and time again, he stopped by the absence of a paper trail, and Mr. years for a Judiciary Committee vote. No- short of answering because that is now Estrada’s sometimes-evasive answers on body has raised a substantial argument the drill at the Department of Justice. issues such as abortion, tried to get legal against him. Indeed, Mr. Roberts is among The nominees go through this very memos that Mr. Estrada wrote while in the the most highly regarded appellate lawyers rigorous training about how to handle Solicitor General’s office. But both Demo- in the city. Yet on Thursday, Democrats in- cratic and Republican solicitors general have a Senate judicial hearing. I am told voked a procedural rule to block a com- urged that the memos be kept private so they have videotapes and play them mittee vote anyway—just for good measure. that future solicitors general receive candid back and they ask them the questions It’s long past time to stop these games and views from their staff. most often asked of nominees. They In short, the Democratic position doesn’t vote. school them in the answers to give to justify a filibuster. Instead, Democrats I ask my colleagues to consider care- not reveal, at any point, what they should reach out to Republicans and try to fully—and I know there have been really think, trying to get away with develop a bipartisan truce that gives judges abuses of this process on both sides of saying as little as possible, trying to prompt, but thorough, hearings that will the aisle—but I ask my colleagues to speed the important process of filling the get through the hearing with a smile consider carefully whether, in the on their face and their family behind many vacancies on the federal bench. name of the Constitution, in the name Mr. TALENT. Mr. President, I want them, and trying to get through the of the obligation of this Senate to go to read an editorial from the February Senate without any controversy. on to other things and resolve them, in 18 issue of the Washington Post. It There is nothing wrong with that if a the name of comity and the traditions sums up the case better than or as well person has a history that you can turn of this body, the Washington Post isn’t as I can: to and say, well, this man or this right, and whether it isn’t long past woman has been on the bench for so The Senate has recessed without voting on time to stop these games and vote. many years and has handed down so the nomination of Miguel Estrada to the I yield the floor. U.S. Court of Appeals for the D.C. Circuit. many opinions. And we have read Because of a Democratic filibuster, it spent The PRESIDING OFFICER. The Sen- them. We know what they believe. much of the week debating Mr. Estrada, and, ator from Illinois. They have expressed themselves over at least for now, enough Democrats are hold- Mr. DURBIN. Mr. President, first, let and over again. Or if they have pub- ing together to prevent the full senate from me respond to my colleague and friend lished law journal articles, for exam- acting. from the State of Missouri which ad- ple, that explain their point of view, We all know a filibuster is underway joins my home State of Illinois. that is all there for the record. You here, an obstruction tactic. I say to him, I do not disagree with could draw your own conclusions. That is not from the editorial. That many of the things he said. This debate But in the case of Mr. Estrada, none was my editorial comment. over Miguel Estrada should not be of that is there. He has not done that The arguments against Mr. Estrada’s con- about the person. I have met him. I sat much in terms of publications nor in- firmation range from the unpersuasive to the down in my office with him. He has a volvement in cases. We said to him: offensive. He lacks judicial experience, his very impressive life story to tell hav- Help us understand you. If you will not critics say—though only three current mem- ing come to the United States as an answer the question directly, let us at bers of the court had been judges before their immigrant when he was about 17 years least look at the legal documents you nominations. He is too young—though he is old, with a limited command of prepared so we can see how you ana- about the same age as Judge Harry T. English. The man had some extraor- Edwards was when he was appointed and sev- lyzed the law. eral years older than Kenneth W. Starr was dinary achievements. He went on to be- That has been done before. Other when he was nominated. Mr. Estrada come the editor of the Law Review at nominees have offered that informa- stonewalled the Judiciary Committee by re- Harvard, served as a member of the De- tion. Mr. Estrada said: I would be fusing to answer questions—though his an- partment of Justice, worked at the Su- happy to share it with you as well. But swers were similar in nature to those of pre- preme Court as a clerk. He is with a the Department of Justice stepped in vious nominees, including many nominated major, prestigious law firm. You would and the White House stepped in and by Democratic presidents. The administra- really be hard pressed to find anything said: No, we will not let the Senate see tion refused to turn over his Justice Depart- in his background that is anything what Mr. Estrada has written as an at- ment memos—though no reasonable Con- gress ought to be seeking such material, as a short of impressive. That is not the torney. letter from all living former solicitors gen- issue. Why? Why would they want to con- eral attests. He is not a real Hispanic and, by The fact that he is Hispanic, I say to ceal this information, unless, in fact, the way, he was nominated only because he my friend from Missouri, in my mind, there is something very controversial is Hispanic—two arguments as repugnant as is a plus in many respects. It certainly and worrisome.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2674 CONGRESSIONAL RECORD — SENATE February 25, 2003 So we come here today not with any counter as a supplement or vitamin or thing about these products, my con- personal animus against Miguel food product. They are sold as a way to stituent, Sean Riggins—that healthy Estrada. To the contrary, on a personal lose weight or increase your energy or 16-year-old boy in Lincoln, IL, who basis, he is a very extraordinary indi- performance. played football and wrestled for his vidual personally, academically, and People come in and buy them, with high school team—was still alive. He professionally. But we have a right to no restriction on how old you have to died September 3, after consuming an ask these questions. Let me restate be or what your health is or what ephedra product called yellow jacket. that. We have a responsibility to ask might interact with these supplements. You will find those by cash registers at those questions, to make certain that And people buy those and find out, in gas stations and convenience stores each man and woman headed for this many instances, that not only don’t across America—kids popping them be- awesome lifetime appointment, this they work, they are dangerous. cause they think they make them bet- awesome position of responsibility, I have challenged Secretary Thomp- ter performers when it comes to sports really is the person we want in that po- son for 6 months—6 months—to take or, even worse, taking these pills and sition. these dangerous products off the mar- drinking beer, craziness that leads to Now, make no mistake, with Presi- ket, and he has not done so. That was terrible health consequences. And dent Bush in the White House, the February 14. those pills are sold over the counter, nominees are more than likely to be On February 16, a pitcher from the with no Government control. Republican, more than likely to be Baltimore Orioles dropped dead during I wrote again, and I spoke directly to conservative, more than likely to be training. He had cardiac arrest, and the Secretary Tommy Thompson in Sep- members—proud members—of the Fed- coroner who examined his body after- tember and October. My Governmental eralist Society. I know that. That is wards—those who did the autopsy—dis- Affairs Subcommittee had hearings on the nature of this process, the nature closed the fact that he had used these the dangers of ephedra in July and Oc- of politics. Yet it is still our responsi- supplements with ephedra. That was 2 tober. bility to make certain they are just days after I had given that speech. I again urged the Secretary, in a let- conservative and not extreme in their Time has run out for Steve Bechler ter sent to him less than 1 month be- positions. We cannot draw that conclu- and for many like him when it comes fore Steve Bechler of the Baltimore sion on Miguel Estrada because he has to protection from the harm of dan- Orioles died. Incidentally, did you see carefully concealed what he really be- gerous dietary supplements containing the followup articles in the sports lieves. And that is why we are here. ephedra. We cannot bring Steve pages, as other athletes, professional So as a result of focusing on this Bechler or my own constituent in Lin- baseball players such as David Wells nomination for 3 straight weeks, we coln, IL, Sean Riggins, back. But we came forward and told his story about have ignored so many other issues that can fight to make sure this dangerous how he wanted to lose some weight, should be brought to the Senate. We product is taken off the market imme- and he took an ephedra product and his could resolve this issue tomorrow diately. heart was racing at 200 beats a minute. morning easily. Sean Riggins was a 16-year-old boy. He flat-lined. He was almost in cardiac Senator BENNETT, a Republican, of And about 4 weeks after I held a hear- arrest before they finally brought him Utah has come to the floor and made a ing in Washington, he went into a con- back. suggestion that I think is eminently venience store in Lincoln, IL, a small These are not sickly individuals. reasonable. Let Miguel Estrada turn town, and bought—off the counter, These are healthy athletes who are over his legal writings so they can be with no identification, no check—a pill taking these products sold over the reviewed by Senator HATCH and Sen- that was supposed to help him to per- counter and risking their lives in the ator LEAHY. And if they find anything form better as a football player. The process. in there of moment, of consequence, or pill had ephedra in it. As best we can Yet the most we can get from Sec- of controversy, let them follow through determine, Sean Riggins—this healthy retary Thompson in response is a sug- with the questions or, if necessary, a football player, 16 years old—washed gestion that maybe we need a warning hearing, and let’s be done with it, a down that pill with Mountain Dew or label. When the reporters asked him vote up or down. some other product with caffeine in it this past weekend about Steve Bechler Senator DASCHLE came to the floor and went into cardiac arrest and died. of the Baltimore Orioles, his death be- today, the Democratic leader, and said This healthy young man died, after cause of ephedra, the Secretary was that would be perfectly acceptable. We taking a pill sold over the counter that quoted as saying: ‘‘I wouldn’t use it, would have the information, and then contained ephedra. would you?’’ we could reach our conclusion. And in I cannot think of another product Well, I must say to the Secretary, the process we could be protecting our that has generated so many adverse this is not a matter of his personal responsibility as Members of the Sen- events, so many bad results—some ex- preference. It is not a matter of wheth- ate. tremely serious, even fatal—and yet er as a consumer he would buy the It has nothing to do with Miguel has failed to generate any response product. It is a matter of his personal Estrada personally, but it does have from this Government to protect fami- responsibility, his responsibility as something to do with our constitu- lies and individuals buying these prod- Secretary of Health and Human Serv- tional authority and responsibility to ucts. ices to get this dangerous product off review each nominee. The Food and Drug Administration the shelves of American stores today EPHEDRA has received over 18,000 reports of ad- and to protect families. Mr. President, I would also like to verse events, serious health con- I am not the only person calling for address another issue that is totally sequences, from those using ephedra this ban on ephedra products. The unrelated. and within those 18,000 over 100 deaths. American Medical Association, rep- On February 14, a Friday, I stood in Yet the Food and Drug Administration resenting over 200,000 doctors, called on this spot and spoke about an issue, one and Secretary Thompson refuse to act. Secretary Thompson to ban ephedra that has been on my mind for almost 6 They want to study the issue. And as products. They didn’t do it last week months, an issue which worries me, they study, innocent people die. after Steve Bechler died. No. They did concerns me, because it relates to the Last August, I wrote to Secretary it over a year ago after Canada had health and safety of American families. Thompson and urged him to ban these banned this product for sale in their On that day, I challenged the Sec- products. At that time, Lee Smith, an country. They went to Secretary retary of Health and Human Services, airline pilot from Nevada, had not yet Thompson and said it is dangerous to Tommy Thompson, under his authority suffered the debilitating stroke that sell in the United States. He has done to protect American families, to pro- cost him his health and his job due to nothing. tect them against a nutritional supple- ephedra. Let me tell you another thing you ment known as ephedra. You will find I again wrote to Secretary Thompson might not know. The U.S. Army has this supplement in a lot of diet pills, on August 22. At that time, when I sent banned the sale of ephedra in their pills that are being sold over the him a letter begging him to do some- commissaries worldwide after 33

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2675 ephedra-related deaths occurred among Suffolk County, a week or so ago in warning label is not enough. You can- American servicemen. Does this make New York, decided to ban this product not get by with putting a label on this any sense? We believe as a government as well after a 20-year-old named Peter product, saying: Caution, use of this that we need to protect the men and Schlendorf died in 1996, and others suf- product may cause stroke, a coronary women in uniform and so we ban the fered serious consequences. They un- event, or death. Why in the world sale of these products at commissaries derstood, as the U.S. Army, Canada, would you allow such a product to be across the world, and yet the Secretary Britain, Australia, and Germany, that sold over the counter, unregulated in of Health and Human Services and the action had to be taken to protect the terms of the age of the buyer, unregu- Commissioner of the Food and Drug residents. The National Football lated in terms of the dosage? How in Administration will not ban the sale of League, the NCAA, and the Inter- the world can you justify that kind of these products in convenience stores national Olympic Commission have a thing? and drugstores and gas stations across reached the same conclusion, banning The Secretary needs to accept his re- America. the use of this product by athletes. sponsibility, and if he does, I will be When you ask him about it, the Sec- I wrote to the Baseball Commis- the first to applaud him. But until he retary says: I am studying it. I have a sioner, Bud Selig, last week and to the does, stay tuned. You will continue to group called the RAND Commission Baseball Players’ Association urging hear these speeches on the floor from that is going to study it. them to follow suit. The question isn’t me and others while helpless victims With all due respect, we don’t need whether these individual organizations across America fall because of their another study. The Food and Drug Ad- will show responsibility. The question consumption of this deadly product. ministration has received over 18,000 is whether this Government will accept Mr. REID. Will the Senator yield for adverse reports about ephedra. The its responsibility. a question? FDA could do followup on the most se- I don’t know Secretary Thompson Mr. DURBIN. I am happy to yield. rious ones. In fact, the FDA did com- that well. I have met him a few times. Mr. REID. As the Senator knows, the mission a review of adverse reports sev- He is a very likable person. He cer- Senate has been tied up in the matter eral years ago. That review by Drs. tainly has had a distinguished public of Miguel Estrada for 9 or 10 days. Haller and Benowitz established that 31 career in the State of Wisconsin, serv- From what the Senator said, I don’t percent of the reports were definitely ing as a legislator and Governor of the know much about the product, but he or probably related to ephedra and an State for many years, one of the most has made a very persuasive argument. additional 31 were deemed to be pos- popular elected officials in its history. It seems to me if the administration sibly related. We understand what we are up Everyone tells me this man really un- and the Secretary, as part of the ad- against. Ephedra is a danger. It is so derstands public service. I believe it. ministration, refuses to do anything dangerous that when it was used in its This really seems to be a blind spot. administratively, maybe we could well synthetic form with caffeine, that was When I talked to Secretary Thompson use some Senate time debating this banned over 15 years ago. They said on the phone about these products, he issue. Maybe there should be a morato- you couldn’t sell a drug in America, said: How are we going to stop these rium put on the sale of this until fur- nor could you sell an over-the-counter fellows from selling these products and ther information is obtained on it. I drug product in America that con- endangering people? I said: Mr. Sec- make that suggestion. tained ephedra and caffeine because, retary, you can stop them. You have My direct question, if the Secretary put together, it is a dangerous and the authority to stop them. refuses to do something forthwith, sometimes lethal combination. But yet Time passes and nothing happens. I wouldn’t we well use the time that is if you step back from the over-the- understand this industry is powerful. I now being spent on this nomination counter drugs and call it a nutrition have heard from them. I have heard talking about this product that has supplement, a vitamin, a food, you are from my colleagues in the Senate and killed people as the Senator has re- totally exempt from that prohibition. House who have said: Don’t take on lated? You can combine those two lethal sub- these folks in the vitamin and nutri- Mr. DURBIN. The Senator is abso- stances, ephedra and caffeine, and sell tional supplement industry. They real- lutely right. In fact, we not only could, them with impunity. Does that make ly have a lot of political clout. They we should. We should accept that re- any sense? Is that protecting con- do. But for goodness’ sakes, if you sponsibility. We do have this Govern- sumers across America? Is that what can’t stand up to an industry that is ment which has three coequal you expect from your government? selling a lethal product to protect branches. If the executive branch and Certainly it is not what I expect. American families, why in the world Secretary Thompson refuses to use the Many of these companies say it is a would you take the oath of office to authority he has under the law, frank- natural product. Ephedra is naturally serve in the Senate? I think every ly, I think we should ban the sale of occurring. That is no defense. Arsenic Member understands that responsi- this product in the U.S. is a natural product. Hemlock is a nat- bility. It goes beyond political fear. It As the Senator knows, we have been ural product. That doesn’t mean that goes right to the heart of your political tied up for 3 weeks because Miguel they are safe. In fact, they are dan- responsibility, the oath of office we all Estrada refuses to disclose legal gerous. take and one we all value so much. writings he has made. Even Republican We have seen a lot of studies that In closing, I say to Secretary Thomp- Senators have suggested that he have come out about ephedra. We know son, you have another chance now. It is should. what needs to be done. Many States a chance which I pray you will take. We have waited for Republicans to have already taken action. Because the The last time I made a speech on the understand that with more informa- Federal Government has failed to act, floor of the Senate about this issue, tion, we can put this behind us and over 20 States have enacted restric- Steve Bechler of the Baltimore Orioles, move on to other important business— tions on the sale of ephedra-containing a man in his early twenties, a prom- not just questions about health and products. ising athlete with a great future ahead safety, but questions about the econ- Incidentally, if you think these prod- of him, was still alive. Sadly, he is not omy of this Nation, issues on which we ucts are something you have never alive today. He took this product and ought to be debating and acting. heard of, the leading sales of ephedra he died as a result. Others will, too. In closing, I am just going to ask products are under the brand name That story, that tragic story of Steve Secretary Thompson again to take this Metabolife 365. You have seen them ad- Bechler, Sean Riggins, and so many very seriously. I hope we don’t have to vertised on television and in maga- others will be repeated over and over read about more athletes and other zines. Every time you walk into a drug- again. This industry may have political unsuspecting individuals and children store and convenience store, you find: clout, but it does not have a con- who lose their lives as a result of these Metabolife tablets help you lose science. It is up to the Secretary, as dangerous products. I say to any citi- weight. Look carefully. Many of them head of the Health and Human Services zens following this debate, please think contain ephedra, this lethal drug which Department, to accept his responsi- twice before you use a product con- has killed so many people. bility to protect American families. A taining ephedra. There are too many

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2676 CONGRESSIONAL RECORD — SENATE February 25, 2003 cases of death and serious health con- legal principles and procedures and MORNING BUSINESS sequences for people who thought they must also be impartial, even tempered Mr. TALENT. Mr. President, I ask were taking an innocent little pill that and have a well-defined sense of jus- unanimous consent that the Senate can be sold over the counter at a con- tice, compassion and fair play. proceed to a period for morning busi- venience store. In fact, many have In addition, a judge must have the in- ness. turned out to be lethal doses that have tegrity to leave legislating to law- The PRESIDING OFFICER. Without killed or caused a great deal of harm. makers. Judges must have the self-re- objection, it is so ordered. I yield the floor and suggest the ab- straint to avoid injecting their own sence of a quorum. personal views or ideas that may be in- f The PRESIDING OFFICER. The consistent with existing decisional or HONORING MAJOR GENERAL clerk will call the roll. statutory law. The assistant legislative clerk pro- PHILIP G. KILLEY FOR 40 YEARS I believe Mr. Estrada possesses the OF SERVICE ceeded to call the roll. knowledge and skills needed to be a Mr. TALENT. Mr. President, I ask successful court of appeals judge. Few Mr. DASCHLE. Mr. President, today unanimous consent that the order for would argue with his academic creden- I salute a great American and South the quorum call be rescinded. tials, litigation experience or intel- Dakotan, Major General Philip G. The PRESIDING OFFICER. Without ligence. Killey. objection, it is so ordered. And based on my conversation with General Killey, currently the Adju- Mr. NELSON of Florida. Mr. Presi- tant General of the South Dakota Na- dent, the courts provide the foundation him, and those who know him well, I believe he respects—and will honor— tional Guard, retires at the end of this upon which the institutions of govern- week, after 40 years of service. His ment in our free society are built. his moral and legal obligation to uphold the law impartially. service includes nearly a quarter-cen- Their strength and legitimacy are de- tury with the South Dakota National rived from a long tradition of Federal However, should Mr. Estrada someday be considered for a position on the Guard, including two separate appoint- judges whose knowledge, integrity and ments as Adjutant General covering impartiality are beyond reproach. Supreme Court—as some have suggested he could be—I believe further more than 6 years. The Senate is obligated by the Con- Since September 11, 2001, General stitution—and the public interest—to inquiry not only will be justified, but necessary. Killey’s job has become more demand- protect this legacy and to ensure that ing and complex, but, as ever through the public’s confidence in the court While appellate judges are con- strained to a great degree by prece- his career, he has proven worthy of the system is justified and continues for challenge. Since September 11, his many years to come. dent, and by a check on their power by the Supreme Court, justices on the troops have been performing a broad As guardians of this trust we must variety of missions, from bolstering se- carefully scrutinize the credentials and High Court have greater latitude to in- sert their own ideological viewpoints. curity at our State’s airports to enforc- qualifications of every man and woman ing the no-fly zone over Iraq, from nominated by the President to serve on Mr. Estrada agreed wholeheartedly with this point when we discussed his fighting forest fires to keeping the the Federal bench. peace in Bosnia. All this, while also The men and women we approve for nomination. staying trained and ready for their these lifetime appointments make im- Make no mistake; I believe all judi- next assignment. portant decisions each and every day, cial nominees should be completely Now, that next assignment is here. which impact the American people. forthcoming during the confirmation About 1,200 South Dakota Guard per- Once on the bench they may be called process. sonnel have been called to active duty upon to consider the extent of our Mr. Estrada has argued that he’s sat- as part of our Nation’s buildup on the right to personal privacy, our right to isfied a minimum threshold of disclo- borders of Iraq. Given the small popu- free speech, or even a criminal defend- sure, and that revealing additional in- lation of our State, this is a major con- ant’s right to counsel. The importance formation about his personal ideolog- tribution. In fact, on a per capita basis, of these positions and their influence ical beliefs may compromise his image South Dakota is contributing more must not be dismissed. of impartiality—if he eventually is We all have benefitted from listening seated on the federal bench. Guard personnel than all but five other to the debate about Miguel Estrada’s I disagree with his approach, because States. This is a much larger commit- qualifications to serve on the D.C. Cir- it leads to the suspicion and mistrust— ment than the South Dakota Guard cuit. like that which now engulfs us. was asked to provide during Desert I very much respect those Senators Furthermore, I do not believe a simi- Storm, its other major call-up of the who desire to have additional informa- lar argument reasonably can be made post-Cold War period, and it has come tion about Mr. Estrada’s personal be- by a nominee to the Supreme Court. at a time when General Killey is al- liefs. Their efforts reflect a sound com- Ideology can be central to the High ready managing other high-priority mitment to the Senate’s constitutional Court’s decisions. As a result, absolute commitments. obligation to advise and consent. disclosure by Supreme Court nominees Managing these tasks and the Iraq At the same time, I am troubled by is necessary to protect the public inter- call-up turns out to be the capstone those who have suggested that some est. event of General Killey’s long military Senators are anti-Hispanic because In sum, while I believe Mr. Estrada career, and it stands as a real testa- they seek additional information about could have been more forthcoming in ment to his skill and leadership. It is this nominee. Poisoning the debate order to avoid this controversy, my at critical moments like this, when with baseless accusations demeans the conclusion is that he is qualified to your resources are stretched thin and nomination process. serve on the D.C. Circuit. you are asked to do even more, that After reviewing Mr. Estrada’s per- Should he come before the Senate as gaps in training, leadership or equip- sonal and professional credentials—in- a nominee to the Supreme Court, he ment will reveal themselves. But in cluding personally interviewing the must be willing to provide additional South Dakota, General Killey’s troops nominee—I believe he is qualified to information about his personal beliefs. have met the test. They are ready, and serve on the D.C. Circuit Court—and, I it shows. Over the years, General Killey and I will vote in favor of his nomination. f A Federal appellate judge’s power to have worked together on many fronts decide and pronounce judgment and to improve the equipment and facili- carry it into effect is immense and LEGISLATIVE SESSION ties of the Guard. In the past 2 years, comes with a moral and legal obliga- Mr. TALENT. Mr. President, I ask we have been able to secure nearly $35 tion to conform to the highest stand- unanimous consent that the Senate re- million in construction funds to im- ards of conduct. turn to legislative session. prove 7 Guard facilities at Camp Rapid, Federal judges must possess a high The PRESIDING OFFICER. Without Fort Meade, Pierre, Watertown, Mitch- degree of knowledge of established objection, it is so ordered. ell, and Sioux Falls. We were able to

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2677 secure $97 million to upgrade 2 battal- ity Party. During the transaction of routine Member’s seniority or positions of responsi- ions of the multiple launch rocket sys- business any member of the Select Com- bility, or a combination of these; and tem, one in South Dakota and one in mittee constituting the quorum shall have (ii) in the case of an officer or employee, Arkansas, making our artillery system the right to postpone further discussion of a dismissal, suspension, payment of restitu- pending matter until such time as a major- one of the most modern and battle- tion, or a combination of these; ity of the members of the Select Committee (3) subject to the provisions of subsection ready in the National Guard. are present. (e), by a unanimous vote of 6 members, order In these and other endeavors, I have (3) The Select Committee may fix a lesser that a Member, officer, or employee be rep- come to appreciate and respect General number as a quorum for the purpose of tak- rimanded or pay restitution, or both, if the Killey for his vision, his energy and ing sworn testimony. Select Committee determines, after accord- initiative, and his sophistication in (d)(1) A member of the Select Committee ing to the Member, officer, or employee due dealing with both military and civilian shall be ineligible to participate in— notice and opportunity for a hearing, that (A) any preliminary inquiry, or adjudica- misconduct occurred warranting discipline authorities. It’s been a valuable and tory review relating to— productive partnership. less serious than discipline by the full Sen- (i) the conduct of— ate; We clearly owe a debt of gratitude to (I) such member; (4) in the circumstances described in sub- (II) any officer or employee the member General Killey for 40 years of patriotic section (d)(3), issue a public or private letter supervises; or service to our State and our Nation. I of admonition to a Member, officer, or em- am proud to call him a fellow South (III) any employee of any officer the member supervises; or ployee, which shall not be subject to appeal Dakotan and wish all the best for him (ii) any complaint filed by the member; to the Senate; and his wife, Ellen. and (5) recommend to the Senate, by report or f (B) the determinations and recommenda- resolution, such additional rules or regulations of the Select Committee with respect tions as the Select Committee shall deter- RULES OF PROCEDURE OF THE to any preliminary inquiry or adjudicatory mine to be necessary or desirable to insure SELECT COMMITTEE ON ETHICS review described in subparagraph (A). proper standards of conduct by Members of Mr. VOINOVICH. Mr. President, in For purposes of this paragraph, a member the Senate, and by officers or employees of the Senate, in the performance of their du- accordance with Rule XXVI.2 of the of the Select Committee and an officer of the Senate shall be deemed to supervise any offi- ties and the discharge of their responsibil- Standing Rules of the Senate, I ask cer or employee consistent with the provi- ities; unanimous consent that the Rules of sion of paragraph 12 of Rule XXXVII of the (6) by a majority vote of the full com- Procedure of the Select Committee on Standing Rules of the Senate. mittee, report violations of any law, includ- Ethics, which were adopted February (2) A member of the Select Committee ing the provision of false information to the 23, 1978, and revised November 1999, be may, at the discretion of the member, dis- Select Committee, to the proper Federal and printed in the CONGRESSIONAL RECORD qualify himself or herself from participating State authorities; and for the 108th Congress. in any preliminary inquiry or adjudicatory (7) develop and implement programs and There being no objection, the mate- review pending before the Select Committee materials designed to educate Members, offi- and the determinations and recommenda- cers, and employees about the laws, rules, rial was ordered to be printed in the tions of the Select Committee with respect regulations, and standards of conduct appli- RECORD, as follows: to any such preliminary inquiry or adjudica- cable to such individuals in the performance RULES OF THE SELECT COMMITTEE ON ETHICS tory review. Notice of such disqualification of their duties. PART I: ORGANIC AUTHORITY shall be given in writing to the President of (b) For the purposes of this resolution— SUBPART A—S. RES. 338 AS AMENDED the Senate. (1) the term ‘‘sworn compliant’’ means a (3) Whenever any member of the Select S. Res. 338, 88th Cong., 2d Sess. (1964) written statement of facts, submitted under Committee is ineligible under paragraph (1) penalty of perjury, within the personal Resolved, That (a) there is hereby estab- to participate in any preliminary inquiry or knowledge of the complainant alleging a vio- lished a permanent select committee of the adjudicatory review or disqualifies himself lation of law, the Senate Code of Official Senate to be known as the Select Committee or herself under paragraph (2) from partici- Conduct, or any other rule or regulation of on Ethics (referred to hereinafter as the ‘‘Se- pating in any preliminary inquiry or adju- the Senate relating to the conduct of indi- lect Committee’’) consisting of six Members dicatory review, another Senator shall, sub- viduals in the performance of their duties as of the Senate, of whom three shall be se- ject to the provisions of subsection (d), be Members, officers, or employees of the Sen- lected from members of the majority party appointed to serve as a member of the Select ate; and three shall be selected from members of Committee solely for purposes of such pre- (2) the term ‘‘preliminary inquiry’’ means the minority party. Members thereof shall be liminary inquiry or adjudicatory review and a proceeding undertaken by the Select Com- appointed by the Senate in accordance with the determinations and recommendations of mittee following the receipt of a complaint the provisions of Paragraph I of Rule XXIV the Select Committee with respect to such or allegation of, or information about, mis- of the Standing Rules of the Senate at the preliminary inquiry or adjudicatory review. conduct by a Member, officer, or employee of beginning of each Congress. For purposes of Any Member of the Senate appointed for the Senate to determine whether there is paragraph 4 of Rule XXV of the Standing such purposes shall be of the same party as substantial credible evidence which provides Rules of the Senate, service of a Senator as the Member who is ineligible or disqualifies substantial case for the Select Committee to a member or chairman of the Select Com- himself or herself. conclude that a violation within the jurisdic- mittee shall not be taken into account. SEC. 2. (a) It shall be the duty of the Select tion of the Select Committee has occurred; (b) Vacancies in the membership of the Se- Committee to— and lect Committee shall not affect the author- (1) receive complaints and investigate alle- (3) the term ‘‘adjudicatory review’’ means ity of the remaining members to execute the gations of improper conduct which may re- a proceeding undertaken by the Select Com- functions of the committee, and shall be flect upon the Senate, violations of law, vio- mittee after a finding, on the basis of a pre- filled in the same manner as original ap- lations of the Senate Code of Official Con- liminary inquiry, that there is substantial pointments thereto are made. duct and violations of rules and regulations credible evidence which provides substantial (c)(1) A majority of the members of the Se- of the Senate, relating to the conduct of in- cause for the Select Committee to conclude lect Committee shall constitute a quorum dividuals in the performance of their duties that a violation within the jurisdiction of for the transaction of business involving as Members of the Senate, or as officers or the Select Committee has occurred. complaints or allegations of, or information employees of the Senate, and to make appro- about, misconduct, including resulting pre- priate findings of fact and conclusions with (c)(1) No— liminary inquiries, adjudicatory reviews, respect thereto; (A) adjudicatory review of conduct of a recommendations or reports, and matters re- (2)(A) recommend to the Senate by report Member or officer of the Senate may be con- lating to Senate Resolution 400, agreed to or resolution by a majority vote of the full ducted; May 19, 1976. committee disciplinary action to be taken (B) report, resolution, or recommendation (2) Three members shall constitute a with respect to such violations which the Se- relating to such an adjudicatory review of quorum for the transaction of routine busi- lect Committee shall determine, after ac- conduct may be made; and ness of the Select Committee not covered by cording to the individual concerned due no- (C) letter of admonition pursuant to sub- the first paragraph of this subparagraph, in- tice and opportunity for a hearing, to have section (d)(3) may be issued, unless approved cluding requests for opinions and interpreta- occurred; by the affirmative recorded vote of no fewer tions concerning the Code of Official Con- (B) pursuant to subparagraph (A) rec- than 4 members of the Select Committee. duct or any other statute or regulation ommend discipline, including— (2) No other resolution, report, rec- under the jurisdiction of the Select Com- (i) in the case of a Member, a recommenda- ommendation, interpretative ruling, or advi- mittee, if one member of the quorum is a tion to the Senate for expulsion, censure, sory opinion may be made without an affirm- member of the majority Party and one mem- payment of restitution, recommendation to ative vote of a majority of the Members of ber of the quorum is a member of the minor- a Member’s party conference regarding the the Select Committee voting.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2678 CONGRESSIONAL RECORD — SENATE February 25, 2003 (d)(1) When the Select Committee receives initiated of any alleged violation of any law, (2) any such subpoena shall be issued and a sworn complaint or other allegation or in- the Senate Code of Official Conduct, rule, or signed by the chairman and the vice chair- formation about a Member, officer, or em- regulation which was not in effect at the man and may be served by any person des- ployee of the Senate, it shall promptly con- time the alleged violation occurred. No pro- ignated by the chairman and vice chairman. duct a preliminary inquiry into matters visions of the Senate Code of Official Con- (3) The chairman or any member of the Se- raised by that complaint, allegation, or in- duct shall apply to or require disclosure of lect Committee may administer oaths to formation. The preliminary inquiry shall be any act, relationship, or transaction which witnesses. of duration and scope necessary to determine occurred prior to the effective date of the ap- (e)(1) The Select Committee shall prescribe whether that is substantial credible evidence plicable provision of the Code. The Select and publish such regulations as it feels are which provides substantial cause for the Se- Committee may initiate an adjudicatory re- necessary to implement the Senate Code of lect Committee to conclude that a violation view of any alleged violation of a rule or law Official Conduct. within the jurisdiction of the Select Com- was in effect prior to the enactment of the (2) The Select Committee is authorized to mittee has occurred. The Select Committee Senate Code of Official Conduct if the al- issue interpretative rulings explaining and may delegate to the chairman and vice leged violation occurred while such rule or clarifying the application of any law, the chairman the discretion to determine the ap- law was in effect and the violation was not a Code of Official Conduct, or any rule or regu- propriate duration, scope, and conduct of a matter resolved on the merits by the prede- lation of the Senate within its jurisdiction. (3) The Select Committee shall render an preliminary inquiry. cessor Select Committee. (2) If, as a result of a preliminary inquiry (h) The Select Committee shall adopt writ- advisory opinion, in writing within a reason- under paragraph (1), the Select Committee ten rules setting forth procedures to be used able time, in response to a written request determines by a recorded vote that there is in conducting preliminary inquiries and ad- by a Member or officer of the Senate or a candidate for nomination for election, or not such substantial credible evidence, the judicatory reviews. election to the Senate, concerning the appli- Select Committee shall dismiss the matter. (i) The Select Committee from time to cation of any law, the Senate Code of Official The Select Committee may delegate to the time shall transmit to the Senate its rec- Conduct, or any rule or regulation of the chairman and vice chairman the authority, ommendations as to any legislative meas- Senate within its jurisdiction to a specific on behalf of the Select Committee, to dis- ures which it may consider to be necessary factual situation pertinent to the conduct or miss any matter that they determine, after a for the effective discharges of its duties. EC. 3. (a) The Select Committee is author- proposed conduct or proposed conduct of the preliminary inquiry, lacks substantial merit. S ized to (1) make such expenditures; (2) hold person seeking the advisory opinion. The Select Committee shall inform the indi- such hearings; (3) sit and act at such times (4) The Select Committee may in its dis- vidual who provided to the Select Committee and places during the sessions, recesses, and cretion render an advisory opinion in writing the complaint, allegation, or information, adjournment periods of the Senate; (4) re- within a reasonable time in response to a and the individual who is the subject of the quire by subpoena or otherwise the attend- written request by any employee of the Sen- complaint, allegation, or information, of the ance of such witnesses and the production of ate concerning the application of any law, dismissal, together with an explanation of such correspondence, books, papers, and doc- the Senate Code of Official Conduct, or any the basis for the dismissal. rule or regulation of the Senate within its (3) If, as a result of a preliminary inquiry uments; (5) administer such oaths; (6) take such testimony orally or by deposition; (7) jurisdiction to a specific factual situation under paragraph (1), the Select Committee employ and fix the compensation of a staff pertinent to the conduct or proposed conduct determines that a violation is inadvertent, director, a counsel, an assistant counsel, one of the person seeking the advisory opinion. technical, or otherwise of a de minimis na- or more investigators, one or more hearing (5) Notwithstanding any provision of the ture, the Select Committee may dispose of examiners, and such technical, clerical, and Senate Code of Official Conduct or any rule the matter by issuing a public or private let- other assistants and consultants as it deems or regulation of the Senate, any person who ter of admonition, which shall not be consid- advisable; and (8) to procure the temporary relies upon any provision or finding of an ad- ered discipline. The Select Committee may services (not in excess of one year) or inter- visory opinion in accordance with the provi- issue a public letter of admonition upon a mittent services of individual consultants, or sions of paragraphs (3) and (4) and who acts similar determination at the conclusion of organizations thereof, by contract as inde- in good faith in accordance with the provi- an adjudicatory review. pendent contractors or, in the case of indi- sions and findings of such advisory opinion (4) If, as a result of a preliminary inquiry viduals, by employment at daily rates of shall not, as a result of any such act, be sub- under paragraph (1), the Select Committee compensation not in excess of the per diem ject to any sanction by the Senate. determines that there is such substantial equivalent of the highest rate of compensa- (6) Any advisory opinion rendered by the credible evidence and the matter cannot be tion which may be paid to a regular em- Select Committee under paragraphs (3) and appropriately disposed of under paragraph ployee of the Select Committee. (4) may be relied upon by (A) any person in- (3), the Select Committee shall promptly ini- (b)(1) The Select Committee is authorized volved in the specific transaction or activity tiate an adjudicatory review. Upon the con- to retain and compensate counsel not em- with respect to which such advisory opinion clusion of such adjudicatory review, the Se- ployed by the Senate (or by any department is rendered: Provided, however, that the re- lect Committee shall report to the Senate, as or agency of the executive branch of the quest for such advisory opinion included a soon as practicable, the results of such adju- Government) whenever the Select Com- complete and accurate statement of the spe- dicatory review, together with its rec- mittee determines that the retention of out- cific factual situation; and, (B) any person ommendations (if any) pursuant to sub- side counsel is necessary or appropriate for involved in any specific transaction or activ- section (a)(2). any action regarding any compliant or alle- ity which is indistinguishable in all its mate- (e)(1) Any individual who is the subject to gation, which, in the determination of the rial aspects from the transaction or activity a reprimand or order of restitution, or both, Select Committee is more appropriately con- with respect to which such advisory opinion pursuant to subsection (a)(3) may, within 30 ducted by counsel not employed by the Gov- is rendered. days of the Select Committee’s report to the ernment of the United States as a regular (7) Any advisory opinion issued in response Senate of its action imposing a reprimand or employee. to a request under paragraph (3) and (4) shall orter of restitution, or both, appeal to the (2) Any adjudicatory review as defined in be printed in the Congressional Record with Senate by providing written notice of the section 2(b)(3) shall be conducted by outside appropriate deletions to assure the privacy basis for the appeal to the Select Committee counsel as authorized in paragraph (1), un- of the individual concerned. The Select Com- and the presiding officer of the Senate. The less the Select Committee determines not to mittee shall, to the extent practicable, be- presiding officer of the Senate shall cause use outside counsel. fore rendering an advisory opinion, provide the notice of the appeal to be printed in the (c) With the prior consent of the depart- any interested party with an opportunity to Congressional Record and the Senate Jour- ment or agency concerned, the Select Com- transmit written comments to the Select nal. mittee may (1) utilize the services, informa- Committee with respect to the request for (2) A motion to proceed to consideration of tion and facilities of any such department or such advisory opinion. The advisory opinions an appeal pursuant to paragraph (1) shall be agency of the Government, and (2) employ on issued by the Select Committee shall be highly privileged and not debatable. If the a reimbursable basis or otherwise the serv- compiled, indexed, reproduced, and made motion to proceed to consideration of the ap- ices of such personnel of any such depart- available on a periodic basis. peal is agreed to, the appeal shall be decided ment or agency as it deems advisable. With (8) A brief description of a waiver granted on the basis of the Select Committee’s report the consent of any other committee of the under paragraph 2(c) [Note: Now Paragraph to the Senate. Debate on the appeal shall be Senate, or any subcommittee thereof, the 1] of Rule XXXIV or paragraph 1 of Rule limited to 10 hours, which shall be divided Select Committee may utilize the facilities XXXV of the Standing Rules of the Senate equally between, and controlled by, those fa- and the services of the staff of such other shall be made available upon request in the voring and those opposing the appeal. committee or subcommittee whenever the Select Committee office with appropriate de- (f) The Select Committee may, in its dis- chairman of the Select Committee deter- letions to assure the privacy of the indi- cretion, employ hearing examiners to hear mines that such action is necessary and ap- vidual concerned. testimony and make findings of fact and/or propriate. SEC. 4. The expenses of the Select Com- recommendations to the Select Committee (d)(1) Subpoenas may be authorized by— mittee under this resolution shall be paid concerning the disposition of complaints. (A) the Select Committee; or from the contingent fund of the Senate upon (g) Notwithstanding any other provision of (B) the chairman and vice chairman, act- vouchers approved by the chairman of the this section, no adjudicatory review shall be ing jointly. Select Committee.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2679

SEC. 5. As used in this resolution, the term action of any character concerning or re- Senate, in the case of a Member, or removal ‘‘officer or employee of the Senate’’ means— lated to a violation of the franking laws or from office or employment or punishment (1) an elected officer of the Senate who is an abuse of the franking privilege by any for contempt, in the case of an officer or em- not a Member of the Senate; person listed under subsection (a) of this sec- ployee. (2) an employee of the Senate, any com- tion as entitled to send mail as franked mail, SUBPART D—RELATING TO RECEIPT AND DIS- mittee or subcommittee of the Senate, or until a complaint has been filed with the se- POSITION OF FOREIGN GIFTS AND DECORA- any member of the Senate; lect committee and the committee has ren- TIONS RECEIVED BY MEMBERS, OFFICES AND (3) the legislative Counsel of the Senate or dered a decision under subsection (b) of this EMPLOYEES OF THE SENATE OR THEIR any employee of his office; section. SPOUSES OR DEPENDENTS, PROVISIONS RELAT- (4) an Official Reporter of Debates of the (d) The select committee shall prescribe ING TO THE SELECT COMMITTEE ON ETHICS Senate and any person employed by the Offi- regulations for the holding of investigations Section 7342 of title 5, United States code, cial Reporters of Debates of the Senate in and hearings, the conduct of proceedings, states as follows: connection with the performance of their of- and the rendering of decisions under this SEC. 7342. Receipt and disposition of for- ficial duties; subsection providing for equitable proce- eign gifts and decorations. (5) a Member of the Capitol Police force dures and the protection of individual, pub- ‘‘(a) For the purpose of this section— whose compensation is disbursed by the Sec- lic, and Government interests. The regula- ‘‘(1) ‘employee’ means— retary of the Senate; tions shall, insofar as practicable, contain ‘‘(A) an employee as defined by section 2105 (6) an employee of the Vice President if the substance of the administrative proce- of this title and an officer or employee of the such employee’s compensation is disbursed dure provisions of sections 551–559 and 701– United States Postal Service or of the Postal by the Secretary of the Senate; and 706, of title 5, United States Code. These reg- Rate Commission; (7) an employee of a joint committee of the ulations shall govern matters under this sub- ‘‘(B) an expert or consultant who is under Congress whose compensation is disbursed by section subject to judicial review thereof. contract under section 3109 of this title with the Secretary of the Senate. (e) The select committee shall keep a com- the United States or any agency, depart- SUBPART B—PUBLIC LAW 92–191—FRANKED MAIL, plete record of all its actions, including a ment, or establishment thereof, including, in PROVISIONS RELATING TO THE SELECT COM- record of the votes on any question on which the case of an organization performing serv- MITTEE a record vote is demanded. All records, data, ices under such section, any individual in- SEC. 6. (a) The Select Committee on Stand- and files of the select committee shall be the volved in the performance of such services; ards and Conduct of the Senate [NOTE: Now property of the Senate and shall be kept in ‘‘(C) an individual employed by, or occu- the Select Committee on Ethics] shall pro- the offices of the select committee or such pying an office or position in, the govern- vide guidance, assistance, advice and coun- other places as the committee may direct. ment of a territory or possession of the sel, through advisory opinions or consulta- SUBPART C—STANDING ORDERS OF THE SENATE United States or the government of the Dis- tions, in connection with the mailing or con- REGARDING UNAUTHORIZED DISCLOSURE OF trict of Columbia; templated mailing of franked mail under sec- INTELLIGENCE INFORMATION, S. RES. 400, 94TH ‘‘(D) a member of a uniformed service; tion 3210, 3211, 3212, 3218(2) or 3218, and in CONGRESS, PROVISIONS RELATING TO THE SE- ‘‘(E) the President and the Vice President; connection with the operation of section LECT COMMITTEE ‘‘(F) a Member of Congress as defined by section 2106 of this title (except the Vice 3215, of title 39, United States Code, upon the SEC. 8. * * * request of any Member of the Senate or (c)(1) No information in the possession of President) and any Delegate to the Congress; Member-elect, surviving spouse of any of the the select committee relating to the lawful and ‘‘(G) the spouse of an individual described foregoing, or other Senate official, entitled intelligence activities of any department or in subparagraphs (A) through (F) (unless to send mail as franked mail under any of agency of the United States which has been such individual and his or her spouse are sep- those sections. The select committee shall classified under established security proce- arated) or a dependent (within the meaning prescribe regulations governing the proper dures and which the select committee, pur- of section 152 of the Internal Revenue Code use of the franking privilege under those sec- suant to subsection (a) or (b) of this section, of 1986) of such an individual, other than a tions by such persons. (b) Any complaint has determined should not be disclosed, shall spouse or dependent who is an employee filed by any person with the select com- be made available to any person by a Mem- under subparagraphs (A) through (F); mittee that a violation of any section of title ber, officer, or employee of the Senate except ‘‘(2) ‘foreign government’ means— 39, United States Code, referred to in sub- in a closed session of the Senate or as pro- ‘‘(A) any unit of foreign governmental au- section (a) of this section is about to occur vided in paragraph (2). thority, including any foreign national, or has occurred within the immediately pre- (2) The select committee may, under such State, local, and municipal government; ceding period of 1 year, by any person re- regulations as the committee shall prescribe ‘‘(B) any international or multinational or- ferred to in such subsection (a), shall contain to protect the confidentiality of such infor- ganization whose membership is composed of pertinent factual material and shall conform mation, make any information described in any unit of foreign government described in to regulations prescribed by the select com- paragraph (1) available to any other com- subparagraph (A); and mittee. The select committee, if it deter- mittee or any other Member of the Senate. ‘‘(C) any agent or representative of any mines there is reasonable justification for Whenever the select committee makes such such unit or such organization, while acting the complaint, shall conduct an investiga- information available, the committee shall as such; tion of the matter, including an investiga- keep a written record showing, in the case of ‘‘(3) ‘gift’ means a tangible or intangible tion of reports and statements filed by that any particular information, which com- present (other than a decoration) tendered complainant with respect to the matter mittee or which Members of the Senate re- by, or received from, a foreign government; which is the subject of the complaint. The ceived such information. No Member of the ‘‘(4) ‘decoration’ means an order, device, committee shall afford to the person who is Senate who, and no committee which, re- medal, badge, insignia, emblem, or award the subject of the complaint due notice and, ceives any information under this sub- tendered by, or received from, a foreign gov- if it determines that there is substantial rea- section, shall disclose such information ex- ernment; son to believe that such violation has oc- cept in a closed session of the Senate. ‘‘(5) ‘minimal value’ means a retail value curred or is about to occur, opportunity for (d) It shall be the duty of the Select Com- in the United States at the time of accept- all parties to participate in a hearing before mittee on Standards and Conduct to inves- ance of $100 or less, except that— the select committee. The select committee tigate any unauthorized disclosure of intel- ‘‘(A) on January 1, 1981, and at 3 year inter- shall issue a written decision on each com- ligence information by a Member, officer or vals thereafter, ‘minimal value’ shall be re- plaint under this subsection not later than employee of the Senate in violation of sub- defined in regulations prescribed by the Ad- thirty days after such a complaint has been section (c) and to report to the Senate con- ministrator of General Services, in consulta- filed or, if a hearing is held, not later than cerning any allegation which it finds to be tion with the Secretary of State, to reflect thirty days after the conclusion of such substantiated. changes in the consumer price index for the hearing. Such decision shall be based on (e) Upon the request of any person who is immediately preceding 3-year period; and written findings of fact in the case by the se- subject to any such investigation, the Select ‘‘(B) regulations of an employing agency lect committee. If the select committee Committee on Standards and Conduct shall may define ‘minimal value’ for its employees finds, in its written decision, that a violation release to such individual at the conclusion to be less than the value established under has occurred or is about to occur, the com- of its investigation a summary of its inves- this paragraph; and mittee may take such action and enforce- tigation together with its findings. If, at the ‘‘(6) ‘employing agency’ means— ment as it considers appropriate in accord- conclusion of its investigation, the Select ‘‘(A) the Committee on Standards of Offi- ance with applicable rules, precedents, and Committee on Standards and Conduct deter- cial Conduct of the House of Representa- standing orders of the Senate, and such mines that there has been a significant tives, for Members and employees of the other standards as may be prescribed by such breach of confidentiality or unauthorized House of Representatives, except that those committee. disclosure by a Member, officer, or employee responsibilities specified in subsections (c) Notwithstanding any other provision of of the Senate, it shall report its findings to (c)(2)(A), (e)(1), and (g)(2)(B) shall be carried law, no court or administrative body in the the Senate and recommend appropriate ac- out by the Clerk of the House; United States or in any territory thereof tion such as censure, removal from com- ‘‘(B) the Select Committee on Ethics of the shall have jurisdiction to entertain any civil mittee membership, or expulsion from the Senate, for Senators and employees of the

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2680 CONGRESSIONAL RECORD — SENATE February 25, 2003 Senate, except that those responsibilities for disposal in accordance with subsection Central Intelligence may delete the informa- (other than responsibilities involving ap- (e)(2). tion described in subparagraphs (A) and (C) proval of the employing agency) specified in ‘‘(e)(1) Except as provided in paragraph (2), of paragraphs (2) and (3) if the Director cer- subsections (c)(2), (d), and (g)(2)(B) shall be gifts and decorations that have been depos- tifies in writing to the Secretary of State carried out by the Secretary of the Senate; ited with an employing agency for disposal that the publication of such information ‘‘(C) the Administrative Office of the shall be (A) returned to the donor, or (B) for- could adversely affect United States intel- United States Courts, for judges and judicial warded to the Administrator of General ligence sources. branch employees; and Services for transfer, donation, or other dis- ‘‘(g)(1) Each employing agency shall pre- ‘‘(D) the department, agency, office, or posal in accordance with the provisions of scribe such regulations as may be necessary other entity in which an employee is em- the Federal Property and Administrative to carry out the purpose of this section. For ployed, for other legislative branch employ- Services Act of 1949. However, no gift or all employing agencies in the executive ees and for all executive branch employees. decoration that has been deposited for dis- branch, such regulations shall be prescribed ‘‘(b) An employee may not— posal may be sold without the approval of pursuant to guidance provided by the Sec- ‘‘(1) request or otherwise encourage the the Secretary of State, upon a determination retary of State. These regulations shall be tender of a gift or decoration; or that the sale will not adversely affect the implemented by each employing agency for ‘‘(2) accept a gift or decoration, other than foreign relations of the United States. Gifts its employees. in accordance with, the provisions of sub- and decorations may be sold by negotiated ‘‘(2) Each employing agency shall— sections (c) and (d). sale. ‘‘(A) report to the Attorney General cases ‘‘(c)(1) The Congress consents to— ‘‘(2) Gifts and decorations received by a in which there is reason to believe that an ‘‘(A) the accepting and retaining by an em- Senator or an employee of the Senate that employee has violated this section; ployee of a gift of minimal value tendered are deposited with the Secretary of the Sen- ‘‘(B) establish a procedure for obtaining an and received as a souvenir or mark of cour- ate for disposal, or are deposited for an offi- appraisal, when necessary, of the value of tesy; and cial use which has terminated, shall be dis- gifts; and ‘‘(B) the accepting by an employee of a gift posed of by the Commission on Arts and An- ‘‘(C) take any other actions necessary to of more than minimal value when such gift tiquities of the United States Senate. Any carry out the purpose of this section. is in the nature of an educational scholar- such gift or decoration may be returned by ‘‘(h) The Attorney General may bring a ship or medical treatment or when it appears the Commission to the donor or may be civil action in any district court of the that to refuse the gift would likely cause of- transferred or donated by the Commission, United States against any employee who fense or embarrassment or otherwise ad- subject to such terms and conditions as it knowingly solicits or accepts a gift from a versely affect the foreign relations of the may prescribe, (A) to an agency or instru- foreign government not consented to by this United States, except that mentality of (i) the United States, (ii) a section or who files to deposit or report such ‘‘(i) a tangible gift of more than minimal State, territory, or possession of the United gift as required by this section. The court in value is deemed to have been accepted on be- States, or a political subdivision of the fore- which such action is brought may assess a half of the United States and, upon accept- going, or (iii) the District of Columbia, or (B) penalty against such employee in any ance, shall become the property of the to an organization described in section amount not to exceed the retail value of the United States; and 501(c)(3) of the Internal Revenue Code of 1986 gift improperly solicited or received plus ‘‘(ii) an employee may accept gifts of trav- which is exempt from taxation under section $5,000. el or expenses for travel taking place en- 501(a) of such Code. Any such gift or decora- ‘‘(i) The President shall direct all Chiefs of tirely outside the United States (such as tion not disposed of as provided in the pre- a United States Diplomatic Mission to in- transportation, food, and lodging) of more ceding sentence shall be forwarded to the Ad- form their host government that it is a gen- than minimal value if such acceptance is ap- ministrator of General Services for disposal eral policy of the United States Government propriate, consistent with the interests of in accordance with paragraph (1). If the Ad- to prohibit United States Government em- the United States, and permitted by the em- ministrator does not dispose of such gift or ployees from receiving gifts or decorations of ploying agency and any regulations which decoration within one year, he shall, at the more than minimal value. may be prescribed by the employing agency. request of the Commission, return it to the ‘‘(j) Nothing in this section shall be con- ‘‘(2) Within 60 days after accepting a tan- Commission and the Commission may dis- strued to derogate any regulation prescribed gible gift of more than minimal value (other pose of such gift or decoration in such man- by any employing agency which provides for than a gift described in paragraph (1)(B)(ii)), ner as it considers proper, except that such more stringent limitations on the receipt of an employee shall— gift or decoration may be sold only with the gifts and decorations by its employees. ‘‘(A) deposit the gift for disposal with his approval of the Secretary of State upon a de- ‘‘(k) The provisions of this section do not or her employing agency; or termination that the sale will not adversely apply to grants and other forms of assistance ‘‘(B) subject to the approval of the employ- affect the foreign relations of the United to which section 108A of the Mutual Edu- ing agency, deposit the gift with that agency States. cational and Cultural Exchange Act of 1961 for official use. Within 30 days after termi- ‘‘(f)(1) Not later than January 31 of each applies.’’ nating the official use of a gift under sub- year, each employing agency or its delegate PART II: SUPPLEMENTARY PROCEDURAL RULES paragraph (B), the employing agency shall shall compile a listing of all statements filed forward the gift to the Administrator of Gen- 145 Cong. Rec. S1832 (daily ed. Feb. 23, 1999) during the preceding year by the employees eral Services in accordance with subsection RULE 1: GENERAL PROCEDURES of that agency pursuant to subsection (c)(3) (e)(1) or provide for its disposal in accord- and shall transfer such listing to the Sec- (a) OFFICERS. In the absence of the Chair- ance with subsection (e)(2). retary of State who shall publish a com- man, the duties of the Chair shall be filled by ‘‘(3) When an employee deposits a gift of prehensive listing of all such statements in the Vice Chairman or, in the Vice Chair- more than minimal value for disposal or for the Federal Register. man’s absence, a Committee member des- official use pursuant to paragraph (2), or ‘‘(2) Such listings shall include for each ignated by the Chairman. within 30 days after accepting travel or trav- tangible gift reported— (b) PROCEDURAL RULES: The basic proce- el expenses as provided in paragraph ‘‘(A) the name and position of the em- dural rules of the Committee are stated as (1)(B)(ii) unless such travel or travel ex- ployee; part of the Standing Orders of the Senate in penses are accepted in accordance with spe- ‘‘(B) a brief description of the gift and the Senate Resolution 338, 88th Congress, as cific instructions of his or her employing circumstances justifying acceptance; amended, as well as other resolutions and agency, the employee shall file a statement ‘‘(C) the identity, if known, of the foreign laws. Supplementary Procedural Rules are with his or her employing agency or its dele- government and the name and position of states herein and are hereinafter referred to gate containing the information prescribed the individual who presented the gift; as the Rules. The Rules shall be published in in subsection (f) for that gift. ‘‘(D) the date of acceptance of the gift; the Congressional Record not later than ‘‘(d) The Congress consents to the accept- ‘‘(E) the estimated value in the United thirty days after adoption, and copies shall ing, retaining, and wearing by an employee States of the gift at the time of acceptance; be made available by the Committee office of a decoration tendered in recognition of ac- and upon request. tive field service in time of combat oper- ‘‘(F) disposition or current location of the (c) MEETINGS: ations or awarded for other outstanding or gift. (1) The regular meeting of the Committee unusually meritorious performance, subject ‘‘(3) Such listings shall include for each shall be the first Thursday of each month to the approval of the employing agency of gift of travel or travel expenses— while the Congress is in session. such employee. Without this approval, the ‘‘(A) the name and position of the em- (2) Special meetings may be held at the decoration is deemed to have been accepted ployee; call of the Chairman or Vice Chairman if at on behalf of the United States, shall become ‘‘(B) a brief description of the gift and the least forty-eight hours notice is furnished to the property of the United States, and shall circumstances justifying acceptance; and all members. If all members agree, a special be deposited by the employee, within sixty ‘‘(C) the identity, if known, of the foreign meeting may be held on less than forty-eight days of acceptance, with the employing government and the name and position of hours notice. agency for official use, for forwarding to the the individual who presented the gift. (3)(A) If any member of the Committee de- Administrator of General Services for dis- ‘‘(4) In transmitting such listings for the sires that a special meeting of the Com- posal in accordance with subsection (e)(1), or Central Intelligence Agency, the Director of mittee be called, the member may file in the

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2681 office of the Committee a written request to ber, and with the approval of a majority of the member may be ineligible, the member the Chairman or Vice Chairman for that spe- the Committee members present, other indi- shall be notified in writing of the nature of cial meeting. viduals may be admitted to an executive ses- the particular proceeding and the reason (B) Immediately upon the filing of the re- sion meeting for a specific period or purpose. that it appears that the member may be in- quest the Clerk of the Committee shall no- (h) RECORD OF TESTIMONY AND COMMITTEE eligible to participate in it. If the member tify the Chairman or the Vice Chairman of ACTION: An accurate stenographic or tran- agrees that he or she is ineligible, the mem- the filing of the request. If, within three cal- scribed electronic record shall be kept of all ber shall so notify the Chairman or Vice endar days after the filing of the request, the Committee proceedings, whether in execu- Chairman. If the member believes that he or Chairman or the Vice Chairman does not call tive or public session. Such record shall in- she is not ineligible, he or she may explain the requested special meeting, to be held clude Senators’ votes on any question on the reasons to the Chairman and Vice Chair- within seven calendar days after the filing of which a recorded vote is held. The record of man, and if they both agree that the member the request, any three of the members of the a witness’s testimony, whether in public or is not ineligible, the member shall continue Committee may file their written notice in executive session, shall be made available for to serve. But if either the Chairman or Vice the office of the Committee that a special inspection to the witness or his counsel Chairman continues to believe that the meeting of the Committee will be held at a under Committee supervision; a copy of any member is ineligible, while the member be- specified date and hour; such special meeting testimony given by that witness in public lieves that he or she is not ineligible, the may not occur until forty-eight hours after session, or that part of the testimony given matter shall be promptly referred to the the notice is filed. The Clerk shall imme- by the witness in executive session and sub- Committee. The member shall present his or diately notify all member of the Committee sequently quoted or made part of the record her arguments to the Committee in execu- of the date and hour of the special meeting. in a public session shall be made available to tive session. Any contested questions con- The Committee shall meet at the specified any witness if he so requests. (See Rule 5 on cerning a member’s eligibility shall be de- date and hour. Procedures for Conducting Hearings.) cided by a majority vote of the Committee, (d) QUORUM: (i) SECRECY OF EXECUTIVE TESTIMONY AND meeting in executive session, with the mem- (1) A majority of the members of the Select ACTION AND OF COMPLAINT PROCEEDINGS: ber in question not participating. Committee shall constitute a quorum for the (1) All testimony and action taken in exec- (3) A member of the Committee may, at transaction of business involving complaints utive session shall be kept secret and shall the discretion of the member, disqualify or allegations, of, or information about, mis- not be released outside the Committee to himself or herself from participating in any conduct, including resulting preliminary in- any individual or group, whether govern- preliminary inquiry or adjudicatory review quiries, adjudicatory reviews, recommenda- mental or private, without the approval of a pending before the Committee and the deter- tions or reports, and matters relating to majority of the Committee. mination and recommendations of the Com- Senate Resolution 400, agreed to May 19, (2) All testimony and action relating to a mittee with respect to any such preliminary 1976. complaint or allegation shall be kept secret inquiry or adjudicatory review. (2) Three members shall constitute a and shall not be released by the Committee (4) Whenever any member of the Com- quorum for the transaction of the routine to any individual or group, whether govern- mittee is ineligible under paragraph (1) to business of the Select Committee not cov- mental or private, except the respondent, participate in any preliminary inquiry or ad- ered by the first subparagraph of this para- without the approval of a majority of the judicatory review, or disqualifies himself or graph, including requests for opinions and Committee, until such time as a report to herself under paragraph (3) from partici- interpretations concerning the Code of Offi- the Senate is required under Senate Resolu- pating in any preliminary inquiry or adju- cial Conduct or any other statute or regulation 338, 88th Congress, as amended, or unless dicatory review, another Senator shall be ap- tion under the jurisdiction of the Select otherwise permitted under these Rules. (See pointed by the Senate to serve as a member Committee, if one member of the quorum is Rule 8 on Procedures for Handling Com- of the Committee solely for purposes of such a Member of the Majority Party and one mittee Sensitive and Classified Materials.) preliminary inquiry or adjudicatory review member of the quorum is a Member of the (j) RELEASE OF REPORTS TO PUBLIC: No in- and the determinations and recommenda- Minority Party. During the transaction of formation pertaining to, or copies of any tions of the Committee with respect to such routine business any member of the Select Committee report, study, or other document preliminary inquiry or adjudicatory review. Committee constituting the quorum shall which purports to express the view, findings, Any member of the Senate appointed for have the right to postpone further discussion conclusions or recommendations of the Com- such purposes shall be of the same party as of a pending matter until such time as a ma- mittee in connection with any of its activi- the member who is ineligible or disqualifies jority of the members of the Select Com- ties or proceedings may be released to any himself or herself. (5) The President of the Senate shall be mittee are present. individual or group whether governmental or given written notice of the ineligibility or (3) Except for an adjudicatory hearing private, without the authorization of the disqualification of any member from any under Rule 5 and any deposition taken out- Committee. Whenever the Chairman or Vice preliminary inquiry, adjudicatory review, or side the presence of a Member under Rule 6, Chairman is authorized to make any deter- other proceeding requiring the appointment one Member shall constitute a quorum for mination, then the determination may be re- of another member in accordance with sub- hearing testimony, provided that all Mem- leased at his or her discretion. Each member paragraph (k)(4). bers have been notice of the hearing and the of the Committee shall be given a reasonable (6) A member of the Committee staff shall Chairman has designated a Member of the opportunity to have separate views included be ineligible to participate in any Com- Majority Party and the Vice Chairman has as part of any Committee report. (See Rule 8 mittee proceeding that the staff director or designated a Member of the Minority Party on Procedures for Handling Committee Sen- outside counsel determines relates specifi- to be in attendance, either of whom in the sitive and Classified Materials.) cally to any of the following: absence of the other may constitute the (k) INELIGIBILITY OR DISQUALIFIED OF MEM- (A) the staff member’s own conduct; quorum. BERS AND STAFF: (B) the conduct of any employee that the (e) ORDER OF BUSINESS: Questions as to the (1) A member of the Committee shall be in- staff member supervises; order of business and the procedure of the eligible to participate in any Committee pro- (C) the conduct of any member, officer or Committee shall in the first instance be de- ceeding that relates specifically to any of employee for whom the staff member has cided by the Chairman and Vice Chairman, the following: worked for any substantial period; or subject to reversal by a vote by a majority of (A) a preliminary inquiry or adjudicatory (D) a complaint, sworn or unsworn, that the Committee. review relating to (i) the conduct of (I) such was filed by the staff member. At the direc- (f) HEARINGS ANNOUNCEMENTS: The Com- member; (II) any officer or employee the tion or with the consent of the staff director mittee shall make public announcement of member supervises; or (ii) any complaint or outside counsel, a staff member may also the date, place and subject matter of any filed by the member; and be disqualified from participating in a Com- hearing to be conducted by it at least one (B) the determinations and recommenda- mittee proceeding in other circumstances week before the commencement of that hear- tions of the Committee with respect to any not listed above. ing, and shall publish announcement in the preliminary inquiry or adjudicatory review (1) RECORDED VOTES: Any member may re- Congressional Record. If the Committee de- described in subparagraph (A). quire a recorded vote on any matter. termines that there is good cause to com- For purposes of this paragraph, a member (m) PROXIES; RECORDING VOTES OF ABSENT mence a hearing at an earlier date, such no- of the committee and an officer of the Sen- MEMBERS: tice will be given at the earliest possible ate shall be deemed to supervise any officer (1) Proxy voting shall not be allowed when time. or employee consistent with the provision of the question before the Committee is the ini- (g) OPEN AND CLOSED COMMITTEE MEETINGS: paragraph 12 of Rule XXXVII of the Standing tiation or continuation of a preliminary in- Meetings of the Committee shall be open to Rules of the Senate. quiry or an adjudicatory review, or the the public or closed to the public (executive (2) If any Committee proceeding appears to issuance or recommendation related thereto session), as determined under the provisions relate to a member of the Committee in a concerning a Member or officer of the Sen- of paragraphs 5 (b) to (d) of Rule XXVI of the manner described in subparagraph (1) of this ate. In any such case an absent member’s Standing Rules of the Senate. Executive ses- paragraph, the staff shall prepare a report to vote may be announced solely for the pur- sion meetings of the Committee shall be the Chairman and Vice Chairman. If either pose of recording the member’s position and closed except to the members and the staff of the Chairman or the Vice Chairman con- such announced votes shall not be counted the Committee. On the motion of any mem- cludes from the report that it appears that for or against the motion.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2682 CONGRESSIONAL RECORD — SENATE February 25, 2003

(2) On matters other than matters listed in (c) FORM AND CONTENT OF COMPLAINTS: A curred. The Committee may make any of the paragraph (m)(1) above, the Committee may complaint need not be sworn nor must it be following determinations: order that the record be held open for the in any particular form to receive Committee (1) The committee may determine that vote of absentees or recorded proxy votes if consideration, but the preferred complaint there is not such substantial credible evi- the absent Committee member has been in- will: dence and, in such case, the Committee shall formed of the matter on which the vote oc- (1) state, whenever possible, the name, ad- dismiss the matter. The Committee, or curs and has affirmatively requested of the dress, and telephone number of the party fil- Chairman and Vice Chairman acting jointly Chairman or Vice Chairman in writing that ing the complaint; on behalf of the Committee, may dismiss any he be so recorded. (2) provide the name of each member, offi- matter which, after a preliminary inquiry, is (3) All proxies shall be in writing, and shall cer or employee of the Senate who is specifi- determined to lack substantial merit. The be delivered to the Chairman or Vice Chair- cally alleged to have engaged in improper Committee shall inform the complainant of man to be recorded. conduct or committed a violation; the dismissal. (4) Proxies shall not be considered for the (3) state the nature of the alleged improper (2) The Committee may determine that purpose of establishing a quorum. conduct or violation; there is such substantial credible evidence, (n) APPROVAL OF BLIND TRUSTS AND FOR- (4) supply all documents in the possession but that the alleged violation is inadvertent, EIGN TRAVEL REQUESTS BETWEEN SESSIONS of the party filing the complaint relevant to technical, or otherwise of a de minimis na- AND DURING EXTENDED RECESSES: During any or in support of his or her allegations as an ture. In such case, the Committee may dis- period in which the Senate stands in ad- attachment to the complaint. journment between sessions of the Congress pose of the matter by issuing a public or pri- RULE 3: PROCEDURES FOR CONDUCTING A or stands in a recess scheduled to extend be- vate letter of admonition, which shall not be PRELIMINARY INQUIRY yond fourteen days, the Chairman and Vice considered discipline and which shall not be Chairman, or their designees, acting jointly, (a) DEFINITION OF PRELIMINARY INQUIRY: A subject to appeal to the Senate. The issuance are authorized to approve or disapprove blind ‘‘preliminary inquiry’’ is a proceeding under- of a letter of admonition must be approved trusts under the provision of Rule XXXIV. taken by the Committee following the re- by the affirmative recorded vote of no fewer (o) COMMITTEE USE OF SERVICES OR EM- ceipt of a complaint or allegation of, or in- than four members of the Committee voting. PLOYEES OF OTHER AGENCIES AND DEPART- formation about, misconduct by a Member, (3) The Committee may determine that MENTS: officer, or employee of the Senate to deter- there is such substantial credible evidence With the prior consent of the department mine whether there is substantial credible and that the matter cannot be appropriately or agency involved, the Committee may (1) evidence which provides substantial cause disposed of under paragraph (2). In such case, utilize the services, information, or facilities for the Committee to conclude that a viola- the Committee shall promptly initiate an of any such department or agency of the tion within the jurisdiction of the Com- adjudicatory review in accordance with Rule Government, and (2) employ on a reimburs- mittee has occurred. 4. No adjudicatory review of conduct of a able basis or otherwise the services of such (b) BASIS FOR PRELIMINARY INQUIRY: The Member, officer, or employee of the Senate personnel of any such department or agency Committee shall promptly commence a pre- may be initiated except by the affirmative as it deems advisable. With the consent of liminary inquiry whenever it has received a recorded vote of not less than four members any other committee of the Senate, or any sworn complaint, or other allegation of, or of the Committee. subcommittee, the Committee may utilize information about, alleged misconduct or the facilities and the services of the staff of violations pursuant to Rule 2. RULE 4: PROCEDURES FOR CONDUCTING AN such other committee or subcommittee (c) SCOPE OF PRELIMINARY INQUIRY: ADJUDICATORY REVIEW whenever the Chairman and Vice Chairman (1) The preliminary inquiry shall be of such (a) DEFINITION OF ADJUDICATORY REVIEW: of the Committee, acting jointly, determine duration and scope as is necessary to deter- An ‘‘adjudicatory review’’ is a proceeding un- that such action is necessary and appro- mine whether there is substantial credible dertaken by the Committee after a finding, priate. evidence which provides substantial cause on the basis of a preliminary inquiry, that RULE 2: PROCEDURES FOR COMPLAINTS, for the Committee to conclude that a viola- there is substantial cause for the Committee ALLEGATIONS, OR INFORMATION tion within the jurisdiction of the Com- to conclude that a violation within the juris- mittee has occurred. The Chairman and Vice (a) COMPLAINT, ALLEGATION, OR INFORMA- diction of the Committee has occurred. Chairman, acting jointly, on behalf of the TION: Any member or staff member of the (b) SCOPE OF ADJUDICATORY REVIEW: When Committee may supervise and determine the Committee shall report to the Committee, the Committee decides to conduct an adju- appropriate duration, scope, and conduct of a and any other person may report to the Com- dicatory review, it shall be of such duration preliminary inquiry. Whether a preliminary mittee, a sworn complaint or other allega- and scope as is necessary for the Committee inquiry is conducted jointly by the Chairman tion or information, alleging that any Sen- to determine whether a violation within its and Vice Chairman or by the Committee as ator, or officer, or employee of the Senate jurisdiction has occurred. An adjudicatory a whole, the day to day supervision of a pre- has violated a law, the Senate Code of Offi- review shall be conducted by outside counsel liminary inquiry rests with the Chairman cial Conduct, or any rule or regulation of the as authorized by section 3(b)(1) of Senate and Vice Chairman, acting jointly. Senate relating to the conduct of any indi- Resolution 338 unless the Committee deter- (2) A preliminary inquiry may include any vidual in the performance of his or her duty mines not to use outside counsel. In the inquiries, interviews, sworn statements, as a Member, officer, or employee of the Sen- course of the adjudicatory review, designated depositions, or subpoenas deemed appro- ate, or has engaged in improper conduct outside counsel, or if the Committee deter- priate to obtain information upon which to which may reflect upon the Senate. Such mines not to use outside counsel, the Com- make any determination provided for by this complaints or allegations or information mittee or its staff, may conduct any inquir- Rule. may be reported to the Chairman, the Vice ies or interviews, take sworn statements, use (d) OPPORTUNITY FOR RESPONSE: A prelimi- Chairman, a Committee member, or a Com- compulsory process as described in Rule 6, or nary inquiry may include an opportunity for mittee staff member. take any other actions that the Committee any known respondent or his or her des- (b) SOURCE OF COMPLAINT, ALLEGATION, OR deems appropriate to secure the evidence ignated representative to present either a INFORMATION: Complaint, allegations, and in- necessary to make a determination. formation to be reported to the Committee written or oral statement, or to respond orally to questions from the Committee. (c) NOTICE TO RESPONDENT: The Committee may be obtained from a variety of sources, shall give written notice to any known re- including but not limited to the following: Such an oral statement or answers shall be transcribed and signed by the person pro- spondent who is the subject of an adjudica- (1) sworn complaints, defined as a written tory review. The notice shall be sent to the statement of facts, submitted under penalty viding the statement or answers. (e) STATUS REPORTS: The Committee staff respondent no later than five working days of perjury, within the personal knowledge of after the Committee has voted to conduct an the complainant alleging a violation of law, or outside counsel shall periodically report to the Committee in the form and according adjudicatory review. The notice shall include the Senate Code of Official Conduct, or any a statement of the nature of the possible vio- other rule or regulation of the Senate relat- to the schedule prescribed by the Committee. The reports shall be confidential. lation, and description of the evidence indi- ing to the conduct of individuals in the per- cating that a possible violation occurred. formance of their duties as members, offi- (f) FINAL REPORT: When the preliminary inquiry is completed, the staff or outside coun- The Committee may offer the respondent an cers, or employees of the Senate; opportunity to present a statement, orally (2) anonymous or informal complaints; sel shall make a confidential report, oral or (3) information developed during a study or written, to the Committee on findings and or in writing, or to respond to questions inquiry by the Committee or other commit- recommendations, as appropriate. from members of the Committee, the Com- tees or subcommittees of the Senate, includ- (g) COMMITTEE ACTION: As soon as prac- mittee Staff, or outside counsel. ing information obtained in connection with ticable following submission of the report on (d) RIGHT TO A HEARING: The Committee legislative or general oversight hearings; the preliminary inquiry, the Committee shall accord a respondent an opportunity for (4) information reported by the news shall determine by a recorded vote whether a hearing before it recommends disciplinary media; or there is substantial credible evidence which action against that respondent to the Senate (5) information obtained from any indi- provides substantial cause for the Com- or before it imposes an order of restitution vidual, agency or department of the execu- mittee to conclude that a violation within or reprimand (not requiring discipline by the tive branch of the Federal Government. the jurisdiction of the Committee has oc- full Senate).

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2683

(e) PROGRESS REPORTS TO COMMITTEE: The warded to the Secretary of the Senate, and a to allow the witness a reasonable period of Committee staff or outside counsel shall pe- copy shall be provided to the complainant time, as determined by the Committee, to riodically report to the Committee con- and the respondent. The full report and rec- prepare for the hearing and to employ coun- cerning the progress of the adjudicatory re- ommendation, if any, shall be printed and sel if desired. view. Such reports shall be delivered to the made public, unless the Committee deter- (2) The Committee may, by recorded vote Committee in the form and according to the mines by the recorded vote of not less than of not less than four members of the Com- schedule prescribed by the Committee, and four months of the Committee that it should mittee, rule that no matter of the Com- shall be confidential. remain confidential. mittee or staff or outside counsel shall make (f) FINAL REPORT OF ADJUDICATORY REVIEW (h) RIGHT OF APPEAL: public the name of any witness subpoenaed TO COMMITTEE: Upon completion of an adju- (1) Any individual who is the subject of a by the Committee before the date of that dicatory review, including any hearings held reprimand or order of restitution, or both, witness’s scheduled appearance, except as pursuant to Rule 5, the outside counsel or pursuant to subsection (g)(2)(iii), may, with- specifically authorized by the Chairman and the staff shall submit a confidential written in 30 days of the Committee’s report to the Vice Chairman, acting jointly. report to the Committee, which shall detail Senate of its action imposing a reprimand or (3) Any witness desiring to read a prepared the factual findings of the adjudicatory re- order of restitution, or both, appeal to the or written statement in executive or public view and which may recommend disciplinary Senate by providing written notice of the ap- hearings shall file a copy of such statement action, if appropriate. Findings of fact of the peal to the Committee and the presiding offi- with the Committee at least two working adjudicatory review shall be detailed in this cer of the Senate. The presiding officer shall days in advance of the hearing at which the report whether or not disciplinary action is cause the notice of the appeal to be printed statement is to be presented. The Chairman recommended. in the Congressional Record and the Senate and Vice Chairman shall determine whether (g) COMMITTEE ACTION: Journal. such statements may be read or placed in the (1) As soon as practicable following sub- (2) S. Res. 338 provides that a motion to record of the hearing. mission of the report of the staff or outside proceed to consideration of an appeal pursu- (4) Insofar as practicable, each witness counsel on the adjudicatory review, the Com- ant to paragraph (1) shall be highly privi- shall be permitted to present a brief oral mittee shall prepare and submit a report to leged and not debatable. If the motion to opening statement, if he or she desires to do the Senate, including a recommendation or proceed to consideration of the appeal is so. proposed resolution to the Senate concerning agreed to, the appeal shall be decided on the (h) RIGHT TO TESTIFY: Any person whose disciplinary action, if appropriate. A report basis of the Committee’s report to the Sen- name is mentioned or who is specifically shall be issued, stating in detail the Commit- ate. Debate on the appeal shall be limited to identified or otherwise referred to in testi- tee’s findings of fact, whether or not discipli- 10 hours, which shall be divided equally be- mony or in statements made by a Committee nary action is recommended. The report tween, and controlled by, those favoring and member, staff member or outside counsel, or shall also explain fully the reasons under- those opposing the appeal. any witness, and who reasonably believes lying the Committee’s recommendation con- RULE 5: PROCEDURES FOR HEARINGS that the statement tends to adversely affect cerning disciplinary action, if any. No adju- his or her reputation may— dicatory review of conduct of a Member, offi- (a) RIGHT TO HEARING: The Committee may (1) Request to appear personally before the cer or employee of the Senate may be con- hold a public or executive hearing in any Committee to testify in his or her own be- ducted, or report or resolution or rec- preliminary inquiry, adjudicatory review, or half; or ommendation relating to such an adjudica- other proceeding. The Committee shall ac- (2) File a sworn statement of facts relevant tory review of conduct may be made, except cord a respondent an opportunity for a hear- to the testimony or other evidence or state- by the affirmative recorded vote of not less ing before it recommends disciplinary action ment of which he or she complained. Such than four members of the Committee. against that respondent to the Senate or be- request and such statement shall be sub- (2) Pursuant to S. Res. 338, as amended, fore it imposes an order of restitution or rep- mitted to the Committee for its consider- section 2(a), subsections (2), (3), and (4), after rimand. (See Rule 4(d).) ation and action. receipt of the report prescribed by paragraph (b) NON-PUBLIC HEARINGS: The Committee (i) CONDUCT OF WITNESSES AND OTHER (f) of this rule, the Committee may make may at any time during a hearing determine ATTENDEES: the Presiding Officer may pun- any of the following recommendations for in accordance with paragraph 5(b) of Rule ish any breaches of order and decorum by disciplinary action or issue an order for rep- XXVI of the Standing Rules of the Senate censure and exclusion from the hearings. The rimand or restitution, as follows: whether to receive the testimony of specific Committee, by majority vote, may rec- (i) In the case of a Member, a recommenda- witnesses in executive session. If a witness ommend to the Senate that the offender be tion to the Senate for expulsion, censure, desires to express a preference for testifying cited for contempt of Congress. payment or restitution, recommendation to in public or in executive session, he or she (j) ADJUDICATORY HEARING PROCEDURES: a Member’s party conference regarding the shall so notify the Committee at least five (1) NOTICE OF HEARINGS: A copy of the pub- Member’s seniority or positions of responsi- days before he or she is scheduled to testify. lic announcement of an adjudicatory hear- bility, or a combination of these; (c) ADJUDICATORY HEARINGS: The Com- ing, required by paragraph (e), shall be fur- (ii) In the case of an officer or employee, a mittee may, be the recorded vote of not less nished together with a copy of these Rules to recommendation to the Senate of dismissal, than four members of the Committee, des- all witnesses at the time that they are sub- suspension, payment of restitution, or a ignate any public or executive hearing as an poenaed or otherwise summoned to testify. combination of these; adjudicatory hearing; and any hearing which (2) PREPARATION FOR ADJUDICATORY HEAR- (iii) In the case where the Committee de- is concerned with possible disciplinary ac- INGS: termines, after according to the Member, of- tion against a respondent or respondents des- (A) At least five working days prior to the ficer, or employee due notice and oppor- ignated by the Committee shall be an adju- commencement of an adjudicatory hearing, tunity for a hearing, that misconduct oc- dicatory hearing. In any adjudicatory hear- the Committee shall provide the following curred warranting discipline less serious ing, the procedures described in paragraph (j) information and documents to the respond- than discipline by the full Senate, and sub- shall apply. ent, if any: ject to the provisions of paragraph (h) of this (d) SUBPOENA POWER: The Committee may (i) a list of proposed witnesses to be called rule relating to appeal, by a unanimous vote require, by subpoena or otherwise, the at- at the hearing; of six members order that a Member, officer tendance and testimony of such witnesses (ii) copies of all documents expected to be or employee be reprimanded or pay restitu- and the production of such correspondence, introduced as exhibits at the hearing; and tion or both; books, papers, documents or other articles as (iii) a brief statement as to the nature of (iv) In the case where the Committee de- it deems advisable. (See Rule 6.) the testimony to be given by each witness to termines that misconduct is inadvertent, (e) NOTICE OF HEARINGS: The Committee be called at the hearing. technical, or otherwise of a de minimis na- shall make public an announcement of the (B) At least two working days prior to the ture, issue a public or private letter of admo- date, place, and subject matter of any hear- commencement of an adjudicatory hearing, nition to a Member, officer or employee, ing to be conducted by it, in accordance with the respondent, if any, shall provide the in- which shall not be subject to appeal to the Rule 1(f). formation and documents described in divi- Senate. (f) PRESIDING OFFICER: The Chairman shall sions (i), (ii) and (iii) of subparagraph (A) to (3) In the case where the Committee deter- preside over the hearings, or in his absence the Committee. mines, upon consideration of all the evi- the Vice Chairman. If the Vice Chairman is (C) At the discretion of the Committee, the dence, that the facts do not warrant a find- also absent, a Committee member designated information and documents to be exchanged ing that there is substantial credible evi- by the Chairman shall preside. If an oath or under this paragraph shall be subject to an dence which provides substantial cause for affirmation is required, it shall be adminis- appropriate agreement limiting access and the Committee to conclude that a violation tered to a witness by the Presiding Officer, disclosure. within the jurisdiction of the Committee has or in his absence, by any Committee mem- (D) If a respondent refuses to provide the occurred, the Committee may dismiss the ber. information and documents to the Com- matter. (g) WITNESSES: mittee (see (A) and (B) of this subparagraph), (4) Promptly, after the conclusion of the (1) A subpoena or other request to testify or if a respondent or other individual vio- adjudicatory review, the Committee’s report shall be served on a witness sufficiently in lates an agreement limiting access and dis- and recommendation, if any, shall be for- advance of his or her scheduled appearance closure, the Committee, by majority vote,

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2684 CONGRESSIONAL RECORD — SENATE February 25, 2003

may recommend to the Senate that the of- dicatory hearing. Copies of such supple- (b) DEPOSITIONS: fender be cited for contempt of Congress. mentary procedures shall be furnished to (1) PERSONS AUTHORIZED TO TAKE DEPOSI- (3) SWEARING OF WITNESSES: All witnesses witnesses and respondents, and shall be made TIONS: Depositions may be taken by any who testify at adjudicatory hearings shall be available upon request to any member of the member of the Committee designated by the sworn unless the Presiding Officer, for good public. Chairman and Vice Chairman, acting jointly, cause, decides that a witness does not have (k) TRANSCRIPTS: or by any other person designated by the to be sworn. (1) An accurate stenographic or recorded Chairman and Vice Chairman, acting jointly, (4) RIGHT TO COUNSEL: Any witness at an transcript shall be made of all public and ex- including outside counsel, Committee staff, adjudicatory hearing may be accompanied ecutive hearings. Any member of the Com- other employees of the Senate, or govern- by counsel of his or her own choosing, who mittee, Committee staff member, outside ment employees detailed to the Committee. shall be permitted to advise the witness of counsel retained by the Committee, or wit- (2) DEPOSITION NOTICES: Notices for the his or her legal rights during the testimony. ness may examine a copy of the transcript taking of depositions shall be authorized by (5) RIGHT TO CROSS-EXAMINE AND CALL WIT- retained by the Committee of his or her own the Committee, or the Chairman and Vice NESSES: remarks and may suggest to the official re- Chairman, acting jointly, and issued by the (A) In adjudicatory hearings, any respond- porter any typographical or transcription er- Chairman, Vice Chairman, or a Committee staff member or outside counsel designated ent and any other person who obtains the rors. If the reporter declines to make the re- by the Chairman and Vice Chairman, acting permission of the Committee, may person- quested corrections, the member, staff mem- jointly. Depositions may be taken at any ally or through counsel cross-examine wit- ber, outside counsel or witness may request time during a preliminary inquiry, adjudica- nesses called by the Committee and may call a ruling by the Chairman and Vice Chair- witnesses in his or her own behalf. tory review or other proceeding. Deposition man, acting jointly. Any member or witness notices shall specify a time and place for ex- (B) A respondent may apply to the Com- shall return the transcript with suggested mittee for the issuance of subpoenas for the amination. Unless otherwise specified, the corrections to the committee offices within deposition shall be in private, and the testi- appearance of witnesses or the production of five working days after receipt of the tran- documents on his or her behalf. An applica- mony taken and documents produced shall script, or as soon thereafter as is practicable. be deemed for the purpose of these rules to tion shall be approved upon a concise show- If the testimony was given in executive ses- have been received in a closed or executive ing by the respondent that the proposed tes- sion, the member or witness may only in- session of the Committee. The Committee timony or evidence is relevant and appro- spect the transcript at a location determined shall not initiate procedures leading to priate, as determined by the Chairman and by the Chairman and Vice Chairman, acting criminal or civil enforcement proceedings for Vice Chairman. jointly. Any questions arising with respect a witness’s failure to appear, or to testify, or (C) With respect to witnesses called by a to the processing and correction of tran- to produce documents, unless the deposition respondent, or other individual given permis- scripts shall be decided by the Chairman and notice was accompanied by a subpoena au- sion by the Committee, each such witness Vice Chairman, acting jointly. thorized for issuance by the Committee, or shall first be examined by the party who (2) Except for the record of a hearing which the Chairman and Vice Chairman, acting called the witness or by that party’s counsel. is closed to the public, each transcript shall jointly. (D) At least one working day before a be printed as soon as is practicable after re- (3) COUNSEL AT DEPOSITIONS: Witnesses witness’s scheduled appearance, a witness or ceipt of the corrected version. The Chairman may be accompanied at a deposition by coun- a witness’s counsel may submit to the Com- and Vice Chairman, acting jointly, may sel to advise them of their rights. mittee written questions proposed to be order the transcript of a hearing to be print- (4) DEPOSITION PROCEDURE: Witnesses at asked of that witness. If the Committee deed without the corrections of a member or depositions shall be examined upon oath ad- termines that it is necessary, such questions witness if they determine that such member ministered by an individual authorized by may be asked by any member of the Com- or witness has been afforded a reasonable law to administer oaths, or administered by mittee, or by any Committee staff member if time to correct such transcript and such any member of the Committee if one is directed by a Committee member. The wit- transcript has not been returned within such present. Questions may be propounded by ness or witness’s counsel may also submit time. any person or persons who are authorized to additional sworn testimony for the record (3) The Committee shall furnish each wit- take depositions for the Committee. If a wit- within twenty-four hours after the last day ness, at no cost, one transcript copy of that ness objects to a question and refuses to tes- that the witness has testified. The insertion witness’s testimony given at a public hear- tify, or refuses to produce a document, any of such testimony in that day’s record is sub- ing. If the testimony was given in executive member of the Committee who is present ject to the approval of the Chairman and session, then a transcript copy shall be pro- may rule on the objection and, if the objec- Vice Chairman acting jointly within five vided upon request, subject to appropriate tion is overruled, direct the witness to an- days after testimony is received. conditions and restrictions prescribed by the swer the question or produce the document. (6) ADMISSIBILITY OF EVIDENCE: Chairman and Vice Chairman. if any indi- If no member of the Committee is present, (A) The object of the hearing shall be to as- vidual violates such conditions and restric- the individual who has been designated by certain the truth. Any evidence that may be tions, the Committee may recommend by the Chairman and Vice Chairman, acting relevant and probative shall be admissible majority vote that he or she be cited for con- jointly, to take the deposition may proceed unless privileged under the Federal Rules of tempt of Congress. with the deposition, or may, at that time or Evidence. Rules of evidence shall not be ap- at a subsequent time, seek a ruling by tele- RULE 6: SUBPOENAS AND DEPOSITIONS plied strictly, but the Presiding Officer shall phone or otherwise on the objection from the exclude irrelevant or unduly repetitious tes- (a) SUBPOENAS: Chairman or Vice Chairman of the Com- timony. Objections going only to the weight (1) AUTHORIZATION FOR ISSUANCE: Sub- mittee, who may refer the matter to the that should be given evidence will not justify poenas for the attendance and testimony of Committee or rule on the objection. If the its exclusion. witnesses at depositions or hearings, and Chairman or Vice Chairman, or the Com- (B) The Presiding Officer shall rule upon subpoenas for the production of documents mittee upon referral, overrules the objec- any question of the admissibility of testi- and tangible things at depositions, hearings, tion, the Chairman, Vice Chairman, or the mony or other evidence presented to the or other times and places designated therein, Committee as the case may be, may direct Committee. Such rulings shall be final un- may be authorized for issuance by either (A) the witness to answer the question or less reversed or modified by a recorded vote a majority vote of the Committee, or (B) the produce the document. The Committee shall of not less than four members of the Com- Chairman and Vice Chairman, acting jointly, not initiate procedures leading to civil or mittee before the recess of that day’s hear- at any time during a preliminary inquiry, criminal enforcement unless the witness re- ings. adjudicatory review, or other proceeding. fuses to testify or produce documents after (C) Notwithstanding paragraphs (A) and (2) SIGNATURE AND SERVICE: All subpoenas having been directed to do so. (B), in any matter before the Committee in- shall be signed by the Chairman or the Vice (5) FILING OF DEPOSITIONS: Deposition testi- volving allegations of sexual discrimination, Chairman and may be served by any person mony shall be transcribed or electronically including sexual harassment, or sexual mis- eighteen years of age or older, who is des- recorded. If the deposition is transcribed, the conduct, b a Member, officer, or employee ignated by the Chairman or Vice Chairman. individual administering the oath shall cer- within the jurisdiction of the Committee, Each subpoena shall be served with a copy of tify on the transcript that the witness was the Committee shall be guided by the stand- the Rules of the Committee and a brief state- duly sworn in his or her presence and the ards and procedures of Rule 412 of the Fed- ment of the purpose of the Committee’s pro- transcriber shall certify that the transcript eral Rules of Evidence, except that the Com- ceeding. is a true record of the testimony. The tran- mittee may admit evidence subject to the (3) WITHDRAWAL OF SUBPOENA: The Com- script with these certifications shall be filed provisions of this paragraph only upon a de- mittee, by recorded vote of not less than four with the chief clerk of the Committee, and termination of not less than four members of members of the Committee, may withdraw the witness shall be furnished with access to the full Committee that the interests of jus- any subpoena authorized for issuance by it a copy at the Committee’s offices for review. tice require that such evidence be admitted. or authorized for issuance by the Chairman Upon inspecting the transcript, with a time (7) SUPPLEMENTARY HEARING PROCEDURES: and Vice Chairman, acting jointly. The limit set by the Chairman and Vice Chair- The Committee may adopt any additional Chairman and Vice Chairman, acting jointly, man, acting jointly, a witness may request special hearing procedures that it deems nec- may withdraw any subpoena authorized for in writing changes in the transcript to cor- essary or appropriate to a particular adju- issuance by them. rect errors in transcription. The witness may

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2685 also bring to the attention of the Committee duct by a present or former Member, officer, filed against the Member shall be hand deliv- errors of fact in the witness’s testimony by or employee of the Senate; to allegations or ered to the Member or to the Member’s Chief submitting a sworn statement about those accusations of such conduct; to any resulting of Staff or Administrative Assistant. Com- facts with a request that it be attached to preliminary inquiry, adjudicatory review or mittee Sensitive documents that are pro- the transcript. The Chairman and Vice other proceeding by the Select Committee vided to a Member of the Senate who is the Chairman, acting jointly, may rule on the on Ethics into such allegations or conduct; subject of a preliminary inquiry, adjudica- witness’s request, and the changes or attach- to the investigative techniques and proce- tory review, or other proceeding, shall be ments allowed shall be certified by the Com- dures of the Select Committee on Ethics; or hand delivered to the Member or to his or mittee’s chief clerk. If the witness fails to to other information or material designated her specifically designated representative. make any request under this paragraph with- by the staff director, or outside counsel des- (4) Any Member of the Senate who is not a in the time limit set, this fact shall be noted ignated by the Chairman and Vice Chairman. member of the Committee and who seeks ac- by the Committee’s chief clerk. Any person (2) The Chairman and Vice Chairman of the cess to any Committee Sensitive or classi- authorized by the Committee may stipulate Committee shall establish such procedures fied documents or materials, other than doc- with the witness to changes in this proce- as may be necessary to prevent the unau- uments or materials which are matters of dure. thorized disclosure of Committee Sensitive public record, shall request access in writing. The Committee shall decide by majority RULE 7: VIOLATIONS OF LAW; PERJURY; LEGIS- information in the possession of the Com- vote whether to the make documents or ma- LATIVE RECOMMENDATIONS; EDUCATIONAL mittee or its staff. Procedures for protecting terials available. If access is granted, the MANDATE; AND APPLICABLE RULES AND Committee Sensitive materials shall be in Member shall not disclose the information STANDARDS OF CONDUCT writing and shall be given to each Com- mittee staff member. except as authorized by the Committee. (a) VIOLATIONS OF LAW: Whenever the Com- (b) PROCEDURES FOR HANDLING CLASSIFIED (5) Whenever the Committee makes Com- mittee determines by the recorded vote of MATERIALS: mittee Sensitive or classified documents or not less than four members of the full Com- (1) Classified information or material is in- materials available to any Member of the mittee that there is reason to believe that a formation or material which is specifically Senate who is not a member of the Com- violation of law, including the provision of designated as classified under the authority mittee, or to a staff person of a Committee false information to the Committee, may of Executive Order 11652 requiring protection member in response to a specific request to have occurred, it shall report such possible of such information or material from unau- the Chairman and Vice Chairman, a written violation to the proper Federal and state authorized disclosure in order to prevent dam- record shall be made identifying the Member thorities. age to the United States. of the Senate requesting such documents or (b) PERJURY: Any person who knowingly (2) The Chairman and Vice Chairman of the materials and describing what was made and willfully swears falsely to a sworn com- Committee shall establish such procedures available and to whom. plaint or any other sworn statement to the as may be necessary to prevent the unau- (d) NON-DISCLOSURE POLICY AND AGREE- Committee does so under penalty of perjury. thorized disclosure of classified information MENT: The Committee may refer any such case to in the possession of the Committee or its (1) Except as provided in the last sentence the Attorney General for prosecution. staff. Procedures for handling such informa- of this paragraph, no member of the Select (c) LEGISLATIVE RECOMMENDATIONS: The Committee on Ethics, its staff or any person tion shall be in writing and a copy of the Committee shall recommend to the Senate engaged by contract or otherwise to perform procedures shall be given to each staff mem- by report or resolution such additional rules, services for the Select Committee on Ethics ber cleared for access to classified informa- regulations, or other legislative measures as shall release, divulge, publish, reveal by tion. it determines to be necessary or desirable to (3) Each member of the Committee shall writing, word, conduct, or disclose in any ensure proper standards of conduct by Mem- have access to classified material in the way, in whole, or in part, or by way of sum- bers, officers, or employees of the Senate. Committee’s possession. Only Committee mary, during tenure with the Select Com- mittee on Ethics or anytime thereafter, any The Committee may conduct such inquiries staff members with appropriate security testimony given before the Select Com- as it deems necessary to prepare such a re- clearances and a need-to-know, as approved mittee on Ethics in executive session (in- port or resolution, including the holding of by the Chairman and Vice Chairman, acting cluding the name of any witness who ap- hearings in public or executive session and jointly, shall have access to classified infor- peared or was called to appear in executive the use of subpoenas to compel the attend- mation in Committee’s possession. session), any classified or Committee Sen- ance of witnesses or the production of mate- (c) PROCEDURES FOR HANDLING COMMITTEE sitive information, document or material, rials. The Committee may make legislative SENSITIVE AND CLASSIFIED DOCUMENTS: recommendations as a result of its findings (1) Committee Sensitive documents mate- received or generated by the Select Com- in a preliminary inquiry, adjudicatory re- rials shall be stored in the Committee’s of- mittee on Ethics or any classified or Com- view, or other proceedings. fices, with appropriate safeguards for main- mittee Sensitive information which may (d) EDUCATIONAL MANDATE: The Committee taining the security of such documents or come into the possession of such person dur- shall develop and implement programs and materials. Classified documents and mate- ing tenure with the Select Committee on materials designed to educate Members, offi- rials shall be further segregated in the Com- Ethics or its staff. Such information, docu- cers, and employees about the laws, rules, mittee’s offices in secure filing safes. Re- ments, or material may be released to an of- regulations, and standards of conduct appli- moval from the Committee offices of such ficial of the executive branch properly cable to such individuals in the performance documents or materials is prohibited except cleared for access with a need-to-know, for of their duties. as necessary for use in, or preparation for, any purpose or in connection with any pro- (e) APPLICABLE RULES AND STANDARDS OF interviews or Committee meetings, including ceeding, judicial or otherwise, as authorized CONDUCT: the taking of testimony, or as otherwise spe- by the Select Committee on Ethics, or in the (1) Notwithstanding any other provision of cifically approved by the staff director or by event of termination of the Select Com- this section, no adjudicatory review shall be outside counsel designated by the Chairman mittee on Ethics, in such a manner as may initiated of any alleged violation of any law, and Vice Chairman. be determined by its successor or by the Sen- the Senate Code of Official Conduct, rule, or (2) Each member of the Committee shall ate. regulation which was not in effect at the have access to all materials in the Commit- (2) No member of the Select Committee on time the alleged violation occurred. No pro- tee’s possession. The staffs of members shall Ethics staff or any person engaged by con- visions of the Senate Code of Official Con- not have access to Committee Sensitive or tract or otherwise to perform services for the duct shall apply to or require disclosure of classified documents and materials without Select Committee on Ethics, shall be grant- any act, relationship, or transaction which the specific approval in each instance of the ed access to classified or Committee Sen- occurred prior to the effective date of the ap- Chairman, and Vice Chairman, acting joint- sitive information or material in the posses- plicable provision of the Code. ly. Members may examine such materials in sion of the Select Committee on Ethics un- (2) The Committee may initiate an adju- the Committee’s offices. If necessary, re- less and until such person agrees in writing, dicatory review of any alleged violation of a quested materials may be hand delivered by as a condition of employment, to the non- rule or law which was in effect prior to the a member of the Committee staff to the disclosure policy. The agreement shall be- enactment of the Senate Code of Official member of the Committee, or to a staff per- come effective when signed by the Chairman Conduct if the alleged violation occurred son(s) specifically designated by the mem- and Vice Chairman on behalf of the Com- while such rule or law was in effect and the ber, for the Member’s or designated staffer’s mittee. violation was not a matter resolved on the examination. A member of the Committee RULE 9: BROADCASTING AND NEWS COVERAGE OF merits by the predecessor Committee. who has possession of Committee Sensitive COMMITTEE PROCEEDINGS RULE 8: PROCEDURES FOR HANDLING COMMITTEE documents or materials shall take appro- (a) Whenever any hearing or meeting of the SENSITIVE AND CLASSIFIED MATERIALS priate safeguards for maintaining the secu- Committee is open to the public, the Com- (a) PROCEDURES FOR HANDLING COMMITTEE rity of such documents or materials in the mittee shall permit that hearing or meeting SENSITIVE MATERIALS: possession of the Member or his or her des- to be covered in whole or in part, by tele- (1) Committee Sensitive information or ignated staffer. vision broadcast, radio broadcast, still pho- material is information or material in the (3) Committee Sensitive documents that tography, or by an other methods of cov- possession of the Select Committee on Eth- are provided to a Member of the Senate in erage, unless the Committee decides by re- ics which pertains to illegal or improper con- connection with a complaint that has been corded vote of not less than four members of

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2686 CONGRESSIONAL RECORD — SENATE February 25, 2003

the Committee that such coverage is not ap- gressional Record, with appropriate dele- (d) PUBLICATION OF RULINGS: The Com- propriate at a particular hearing or meeting. tions to insure confidentiality, and inter- mittee will publish in the Congressional (b) Any witness served with a subpoena by ested parties will be asked to submit their Record, after making appropriate deletions the Committee may request not to be photo- comments in writing to the Committee with- to ensure confidentiality, any interpretative graphed at any hearing or to give evidence or in ten days. rulings issued under this Rule which the testimony while the broadcasting, reproduc- (3) All relevant comments received on a Committee determines may be of assistance tion, or coverage of that hearing, by radio, timely basis will be considered. of guidance to other Members, officers or television, still photography, or other meth- (d) ISSUANCE OF AN ADVISORY OPINION: employees. The Committee may at any time ods is occurring. At the request of any such (1) The Committee staff shall prepare a revise, withdraw, or elaborate on interpreta- witness who does not wish to be subjected to proposed advisory opinion in draft form tive rulings. radio, television, still photography, or other which will first be reviewed and approved by (e) RELIANCE ON RULINGS: Whenever an in- methods of coverage, and subject to the ap- the Chairman and Vice Chairman, acting dividual can demonstrate to the Commit- proval of the Committee, all lenses shall be jointly, and will be presented to the Com- tees’ satisfaction that his or her conduct was covered and all microphones used for cov- mittee for final action. If (A) the chairman in good faith reliance on an interpretative erage turned off. and Vice Chairman cannot agree, or (B) ei- ruling issued in accordance with this Rule, (c) If coverage is permitted, it shall be in ther the Chairman or Vice Chairman re- the Committee will not recommend sanc- accordance with the following requirements: quests that it be taken directly to the Com- tions to the Senate as a result of such con- (1) Photographers and reporters using me- mittee, then the proposed advisory, opinion duct. chanical recording, filming, or broadcasting shall be referred to the Committee for its de- (f) RULINGS BY COMMITTEE STAFF: The apparatus shall position their equipment so cision. Committee staff is not authorized to make as not to interfere with the seating, vision, (2) An advisory opinion shall be issued only rulings or give advice, orally or in writing, and hearing of the Committee members and by the affirmative recorded vote of a major- which binds the Committee in any way. staff, or with the orderly process of the ity of the members voting. RULE 12: PROCEDURES FOR COMPLAINTS INVOLV- meeting or hearing. (3) Each advisory opinion issued by the ING IMPROPER USE OF THE MAILING FRANK (2) If the television or radio coverage of the Committee shall be promptly transmitted (a) AUTHORITY TO RECEIVE COMPLAINTS: The hearing or meeting is to be presented to the for publication in the Congressional Record Committee is directed by section 6(b) of Pub- public as live coverage, the coverage shall be after appropriate deletions are made to in- lic Law 93–191 to receive and dispose of com- conducted and presented without commer- sure confidentiality. The Committee may at plaints that a violation of the use of the cial sponsorship. any time revise, withdraw, or elaborate on mailing frank has occurred or is about to (3) Personnel providing coverage by the any advisory opinion. occur by a Member or officer of the Senate television and radio media shall be currently (e) RELIANCE ON ADVISORY OPINIONS: or by a surviving spouse of a Member. All accredited to the Radio and Television Cor- (1) Any advisory opinion issued by the such complaints will be processed in accord- respondents’ Galleries. Committee under Senate Resolution 338, 88th ance with the provisions of these Rules, ex- (4) Personnel providing coverage by still Congress, as amended, and the rules may be cept as provided in paragraph (b). photography shall be currently accredited to relied upon by— (b) DISPOSITION OF COMPLAINTS: the Press Photographers’ Gallery Committee (A) Any person involved in the specific (1) The Committee may dispose of any such of Press Photographers. transaction or activity with respect to which complaint by requiring restitution of the (5) Personnel providing coverage by the such advisory opinion is rendered if the re- cost of the mailing, pursuant to the franking television and radio media and by still pho- quest for such advisory opinion included a statute, if it finds that the franking viola- tography shall conduct themselves and the complete and accurate statement of the spe- tion was the result of a mistake. coverage activities in an orderly and unob- cific factual situation; and (2) Any complaint disposed of by restitu- trusive manner. (B) any person involved in any specific tion that is made after the Committee has formally commenced an adjudicatory review, RULE 10: PROCEDURES FOR ADVISORY OPINIONS transaction or activity which is indistinguishable in all its material aspects from the must be summarized, together with the dis- (a) WHEN ADVISORY OPINIONS ARE REN- transaction or activity with respect to which position, in a report to the Senate, as appro- DERED: such advisory opinion is rendered. priate. (1) The Committee shall render an advisory (2) Any person who relies upon any provi- (3) If a complaint is disposed of by restitu- opinion, in writing within a reasonable time, sion or finding of an advisory opinion in action, the complainant, if any, shall be noti- in response to a written request by a Member cordance with the provisions of Senate Reso- fied of the disposition in writing. or officer of the Senate or a candidate for lution 338, 88th Congress, as amended, and of (c) ADVISORY OPINIONS AND INTERPRETATIVE nomination for election, or election to the the rules, and who acts in good faith in ac- RULINGS: Requests for advisory opinions or Senate, concerning the application of any cordance with the provisions and findings of interpretative rulings involving franking law, the Senate Code of Official Conduct, or such advisory opinion shall not, as a result questions shall be processed in accordance any rule or regulation of the Senate within of any such act, be subject to any sanction with Rules 10 and 11. the Committee’s jurisdiction, to a specific by the Senate. RULE 13: PROCEDURES FOR WAIVERS factual situation pertinent to the conduct or (a) AUTHORITY FOR WAIVERS: The Com- proposed conduct of the person seeking the RULE 11: PROCEDURES FOR INTERPRETATIVE RULINGS mittee is authorized to grant a waiver under advisory opinion. the following provisions of the Standing (2) The Committee may issue an advisory (a) BASIS FOR INTERPRETATIVE RULINGS: Rules of the Senate: opinion in writing within a reasonable time Senate Resolution 338, 88th Congress, as (1) Section 101(h) of the Ethics in Govern- in response to a written request by any em- amended, authorizes the Committee to issue ment Act of 1978, as amended (Rule XXXIV), ployee of the Senate concerning the applica- interpretative rulings explaining and clari- relating to the filing of financial disclosure tion of any law, the Senate code of Official fying the application of any law, the Code of reports by individuals who are expected to Conduct, or any rule or regulation of the Official conduct, or any rule or regulation of perform or who have performed the duties of Senate within the Committee’s jurisdiction, the Senate within its jurisdiction. The Com- their offices or positions for less than one to a specific factual situation pertinent to mittee also may issue such rulings clarifying hundred and thirty days in a calendar year; the conduct or proposed conduct of the per- or explaining any rule or regulation of the (2) Section 102(a)(2)(D) of the Ethics in son seeking the advisory opinion. Select Committee on Ethics. Government Act, as amended (Rule XXXIV), (b) FORM OF REQUEST: A request for an ad- (b) REQUEST FOR RULING: A request for such relating to the reporting of gifts; visory opinion shall be directed in writing to a ruling must be directed in writing to the (3) Paragraph 1 of Rule XXXV relating to the Chairman of the Committee and shall in- Chairman or Vice Chairman of the Com- acceptance of gifts; or clude a complete and accurate statement of mittee. (4) Paragraph 5 of Rule XLI relating to ap- the specific factual situation with respect to (c) Adoption of Ruling: plicability of any of the provisions of the which the request is made as well as the spe- (1) The Chairman and Vice Chairman, act- Code of Official Conduct to any employee of cific question or questions which the re- ing jointly, shall issue a written interpreta- the provisions of a the Code of Official Con- quester wishes the Committee to address. tive ruling in response to any such request, duct to any employee of the Senate hired on (c) OPPORTUNITY FOR COMMENT: unless— a per diem basis. (1) The committee will provide an oppor- (A) they cannot agree, (b) REQUESTS FOR WAIVERS: A request for a tunity for any interested party to comment (B) it requires an interpretation of a sig- waiver under paragraph (a) must be directed on a request for an advisory opinion— nificant question of first impression, or to the Chairman or Vice Chairman in writing (A) which requires an interpretation on a (C) either requests that is be taken to the and must specify the nature of the waiver significant question of first impression that Committee, in which event the request shall being sought and explain in detail the facts will affect more than a few individuals; or be directed to the Committee for a ruling. alleged to justify a waiver. In the case of a (B) when the Committee determines that (2) A ruling on any request taken to the request submitted by an employee, the views comments from interested parties would be Committee under subparagraph (1) shall be of his or her supervisor (as determined under of assistance. adopted by a majority of the members voting paragraph 12 of Rule XXXVII of the Standing (2) Notice of any such request for an advi- and the ruling shall then be issued by the Rules for the Senate) should be included sory opinion shall be published in the Con- Chairman and Vice Chairman. with the waiver request.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2687

(c) RULING: The Committee shall rule on a (b) APPOINTMENT OF STAFF: of the Senate; recommend disciplinary ac- waiver request by recorded vote with a ma- (1) The appointment of all staff members tion; and recommend additional Senate jority of those voting affirming the decision. shall be approved by the Chairman and Vice Rules or regulations to insure proper stand- With respect to any individual’s request for Chairman, acting jointly. ards of conduct; a waiver in connection with the acceptance (2) The Committee may determine by ma- (c) Residual portions of Standing Rules 41, or reporting the value of gifts on the occa- jority vote that it is necessary to retain staff 42, 43 and 44 of the Senate as they existed on sion of the individual’s marriage, the Chair- members, including a staff recommended by the day prior to the amendments made by man and the Vice Chairman, acting jointly, a special counsel, for the purpose of a par- Title I of S. Res. 110; may rule on the waiver. ticular preliminary inquiry, adjudicatory re- (d) Public Law 93–191 relating to the use of (d) AVAILABILITY OF WAIVER DETERMINA- view, or other proceeding. Such staff shall be the mail franking privilege by Senators, offi- TIONS: A brief description of any waiver retained only for the duration of that par- cers of the Senate; and surviving spouses of granted by the Committee, with appropriate ticular undertaking. Senators; (e) Senate Resolution 400, 94th Congress, deletions to ensure confidentiality, shall be (3) The Committee is authorized to retain Section 8, relating to unauthorized disclo- made available for review upon request in and compensate counsel not employed by the sure of classified intelligence information in the Committee office. Waivers granted by Senate (or by any department or agency of the possession of the Select Committee on the Committee pursuant to the Ethics in the Executive Branch of the Government) whenever the Committee determines that Intelligence; Government Act of 1978, as amended, may (f) Public Law 95–105, Section 515, relating the retention of outside counsel is necessary only be granted pursuant to a publicly avail- to the receipt and disposition of foreign gifts able request as required by the Act. or appropriate for any action regarding any and decorations received by Senate mem- complaint or allegation, preliminary in- RULE 14: DEFINITION OF ‘‘OFFICER OR bers, officers and employees and their EMPLOYEE’’ quiry, adjudicatory review, or other pro- spouses or dependents; ceeding, which in the determination of the (g) Preamble to Senate Resolution 266, 90th (a) As used in the applicable resolutions Committee, is more appropriately conducted and in these rules and procedures, the term Congress, 2d Session, March 22, 1968; and by counsel not employed by the Government (h) The Code of Ethics for Government ‘‘officer or employee of the Senate’’ means: of the United States as a regular employee. (1) An elected officer of the Senate who is Service, H. Con. Res. 175, 85th Congress, 2d The Committee shall retain and compensate Session, July 11, 1958 (72 Stat. B12). Except not a Member of the Senate; outside counsel to conduct any adjudicatory (2) An employee of the Senate, any com- that S. Res. 338, as amended by Section 202 of review undertaken after a preliminary in- S. Res. 110 (April 2, 1977), and as amended by mittee or subcommittee of the Senate, or quiry, unless the Committee determines that Section 3 of S. Res. 222 (1999), provides: any Member of the Senate; the use of outside counsel is not appropriate (g) Notwithstanding any other provision of (3) The Legislative Counsel of the Senate in the particular case. this section, no adjudicatory review shall be or any employee of his office; (c) DISMISSAL OF STAFF: A staff member initiated of any alleged violation of any law, (4) An Official Reporter of Debates of the may not be removed for partisan, political the Senate Code of Official Conduct, rule, or Senate and any person employed by the Offi- reasons, or merely as a consequence of the regulation which was not in effect at the cial Reporters of Debates of the Senate in rotation of the Committee membership. The time the alleged violation occurred. No pro- connection with the performance of their of- Chairman and Vice Chairman, acting jointly, visions of the Senate Code of Official Con- ficial duties; shall approve the dismissal of any staff duct shall apply to or require disclosure of (5) A member of the Capitol Police force member. any act, relationship, or transaction which whose compensation is disbursed by the Sec- (d) STAFF WORKS FOR COMMITTEE AS occurred prior to the effective date of the ap- retary of the Senate; WHOLE: All staff employed by the Committee plicable provision of the Code. The Select (6) An employee of the Vice President, if or housed in Committee offices shall work Committee may initiate an adjudicatory re- such employee’s compensation is disbursed for the Committee as a whole, under the gen- view of any alleged violation of a rule or law by the Secretary of the Senate; eral direction of the Chairman and Vice which was in effect prior to the enactment of (7) An employee of a joint committee of Chairman, and the immediate direction of the Senate Code of Official Conduct if the al- the Congress whose compensation is dis- the staff director or outside counsel. leged violation occurred while such rule or bursed by the Secretary of the Senate; (e) NOTICE OF SUMMONS TO TESTIFY: Each law was in effect and the violation was not a (8) An officer or employee of any depart- member of the Committee staff or outside matter resolved on the merits by the prede- ment or agency of the Federal Government counsel shall immediately notify the Com- cessor Select Committee. whose services are being utilized on a full- mittee in the event that he or she is called APPENDIX A—OPEN AND CLOSED time and continuing basis by a Member, offi- upon by a properly constituted authority to MEETINGS cer, employee, or committee of the Senate in testify or provide confidential information Paragraphs 5 (b) to (d) of Rule XXVI of the accordance with Rule XLI(3) of the Standing obtained as a result of and during his or her Standing Rules of the Senate reads as fol- Rules of the Senate; and employment with the Committee. lows: (9) Any other individual whose full-time (b) Each meeting of a standing, select, or RULE 16: CHANGES IN SUPPLEMENTARY services are utilized for more than ninety special committee of the Senate, or any sub- PROCEDURAL RULES days in a calendar year by a Member, officer, committee thereof, including meetings to employee, or committee of the Senate in the (a) ADOPTION OF CHANGES IN SUPPLE- conduct hearings, shall be open to the public, conduct of official duties in accordance with MENTARY RULES: The Rules of the Com- except that a meeting or series of meetings Rule XLI(4) of the Standing Rules of the mittee, other than rules established by stat- by a committee or a subcommittee thereof Senate. ute, or by the Standing Rules and Standing on the same subject for a period of no more RULE 15: COMMITTEE STAFF Orders of the Senate, may be modified, than fourteen calendar days may be closed to amended, or suspended at any time, pursuant (a) COMMITTEE POLICY: the public on a motion made and seconded to (1) The staff is to be assembled and re- to a recorded vote of not less than four mem- go into closed session to discuss only wheth- tained as a permanent, professional, non- bers of the full Committee taken at a meet- er the matters enumerated in classes (1) partisan staff. ing called with due notice when prior written through (6) would require the meeting to be (2) Each member of the staff shall be pro- notice of the proposed change has been pro- closed followed immediately by a record vote fessional and demonstrably qualified for the vided each member of the Committee. in open session by a majority of the members (b) PUBLICATION: Any amendments adopted position for which he or she is hired. of the committee or subcommittee when it is (3) The staff as a whole and each member to the Rules of this Committee shall be pub- determined that the matters to be discussed of the staff shall perform all official duties lished in the Congressional Record in accord- or the testimony to be taken at such meet- in a nonpartisan manner. ance with Rule XXVI(2) of the Standing ing or meetings— (4) No member of the staff shall engage in Rules of the Senate. (1) will disclose matters necessary to be kept secret in the interests of national de- any partisan political activity directly af- PART III—SUBJECT MATTER fense or the confidential conduct of the for- fecting any congressional or presidential JURISDICTION eign relations of the United States; election. Following are sources of the subject mat- (2) will relate solely to matters of com- (5) No member of the staff or outside counter jurisdiction of the Select Committee: mittee staff personnel or internal staff man- sel may accept public speaking engagements (a) The Senate Code of Official Conduct ap- agement or procedure; or write for publication on any subject that proved by the Senate in Title I of S. Res. 110, (3) will tend to charge an individual with is in any way related to his or her employ- 95th Congress, April 1, 1977, as amended, and crime or misconduct, to disgrace or injure ment or duties with the Committee without stated in Rules 34 through 43 of the Standing the professional standing of an individual, or specific advance permission from the Chair- Rules of the Senate; otherwise to expose an individual to public man and Vice Chairman. (b) Senate Resolution 338, 88th Congress, as contempt or obloquy, or will represent a (6) No member of the staff may make pub- amended, which states, among others, the clearly unwarranted invasion of the privacy lic, without Committee approval, and Com- duties to receive complaints and investigate of an individual; mittee Sensitive or classified information, allegations of improper conduct which may (4) will disclose the identity of any in- documents, or other material obtained dur- reflect on the Senate, violations of law, vio- former or law enforcement agent or will dis- ing the course of his or her employment with lations of the Senate Code of Official Con- close any information relating to the inves- the Committee. duct and violations of rules and regulations tigation or prosecution of a criminal offense

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2688 CONGRESSIONAL RECORD — SENATE February 25, 2003 that is required to be kept secret in the in- Senate, I submit the rules for the Com- jority vote of the members of the Com- terests of effective law enforcement; mittee on Small Business and Entre- mittee. (5) will disclose information relating to the preneurship to be printed in the CON- 3. HEARINGS trade secrets or financial or commercial information pertaining specifically to a given GRESSIONAL RECORD. The Committee (a)(1) The Chairman of the Committee may person if— rules for the 108th Congress are iden- initiate a hearing of the Committee on his (A) an Act of Congress requires the infor- tical to the rules adopted by the Com- authority or upon his approval of a request mation to be kept confidential by Govern- mittee for the 107th Congress. by any Member of the Committee. If such re- ment officers and employees; or There being no objection, the mate- quest is by the Ranking Member, a decision shall be communicated to the Ranking Mem- (B) the information has been obtained by rial was ordered to be printed in the the Government on a confidential basis, ber within 7 business days. Written notice of other than through an application by such RECORD, as follows: all hearings, including the title, a descrip- person for a specific Government financial or RULES OF THE COMMITTEE ON SMALL BUSINESS tion of the hearing, and a tentative witness other benefit, and is required to be kept se- AND ENTREPRENEURSHIP, 108TH CONGRESS list shall be given at least 5 business days in cret in order to prevent undue injury to the 1. GENERAL advance, where practicable, to Members of the Committee. competitive position of such person; or All applicable provisions of the Standing (2) Hearings of the Committee shall not be (6) may divulge matters required to be Rules of the Senate and of the Legislative scheduled outside the District of Columbia kept confidential under other provisions of Reorganization Act of 1946, as amended, shall unless specifically authorized by the Chair- law or Government regulations. govern the Committee. (c) Whenever any hearing conducted by man and the Ranking Minority Member or any such committee or subcommittee is 2. MEETING AND QUORUMS by consent of a majority of the Committee. open to the public, that hearing may be (a) The regular meeting day of the Com- Such consent may be given informally, with- broadcast by radio or television, or both, mittee shall be the first Wednesday of each out a meeting, but must be in writing. under such rules as the committee or sub- month unless otherwise directed by the (b)(1) Any Member of the Committee shall committee may adopt. Chairman. All other meetings may be called be empowered to administer the oath to any (d) Whenever disorder arises during a com- by the Chairman as he deems necessary, on witness testifying as to fact if a quorum be mittee meeting that is open to the public, or 5 business days notice where practicable. If present as specified in Rule 2(b). any demonstration of approval or dis- at least three Members of the Committee de- (2) The Chairman and Ranking Member approval is indulged in by any person in at- sire the Chairman to call a special meeting, shall be empowered to call an equal number tendance at any such meeting, it shall be the they may file in the office of the Committee of witnesses to a Committee hearing. Such duty of the Chair to enforce order on his own a written request therefor, addressed to the number shall exclude an Administration wit- initiative and without any point of order Chairman. Immediately thereafter, the Clerk ness unless such witness would be sole hear- being made by a Senator. When the Chair of the Committee shall notify the Chairman ing witness, in which case the Ranking Mem- finds it necessary to maintain order, he shall of such request. If, within 3 calendar days ber shall be entitled to invite one witness. have the power to clear the room, and the after the filing of such request, the Chair- Interrogation of witnesses at hearings shall committee may act in closed session for so man fails to call the requested special meet- be conducted on behalf of the Committee by long as there is doubt of the assurance of ing, which is to be held within 7 calendar Members of the Committee or such Com- order. days after the filing of such request, a major- mittee staff as is authorized by the Chair- APPENDIX B—‘‘SUPERVISORS’’ DEFINED ity of the Committee Members may file in man or Ranking Minority Member. Paragraph 12 of Rule XXXVII of the Stand- the Office of the Committee their written (3) Witnesses appearing before the Com- ing Rules of the Senate reads as follows: notice that a notice that a special Com- mittee shall file with the Clerk of the Com- For purposes of this rule— mittee meeting will be held, specifying the mittee a written statement of the prepared (a) a Senator or the Vice President is the date, hour and place thereof, and the Com- testimony at least 2 business days in ad- supervisor of his administrative, clerical, or mittee shall meet at that time and place. vance of the hearing at which the witness is other assistants; Immediately upon the filing of such notice, to appear unless this requirement is waived (b) a Senator who is the chairman of a the Clerk of the Committee shall notify all by the Chairman and the Ranking Minority committee is the supervisor of the profes- Committee Members that such special meet- Member. sional, clerical, or other assistants to the ing will be held and inform them of its date, (c) Witnesses may be subpoenaed by the committee except that minority staff mem- hour and place. If the Chairman is not Chairman with the agreement of the Rank- bers shall be under the supervision of the present at any regular, additional or special ing Minority Member or by consent of a ma- ranking minority Senator on the committee; meeting, such member of the Committee as jority of the Members of the Committee. (c) a Senator who is a chairman of a sub- the Chairman shall designate shall preside. Such consent may be given informally, with- committee which has it own staff and finan- (b)(1) A majority of the Members of the out a meeting but must be in writing. Sub- cial authorization is the supervisor of the Committee shall constitute a quorum for re- poenas shall be issued by the Chairman or by professional, clerical, or other assistants to porting any legislative measure or nomina- the Member of the Committee designated by the subcommittee except that minority staff tion. him. A subpoena for the attendance of a wit- members shall be under the supervision of (2) One-third of the Members of the Com- ness shall state briefly the purpose of the the ranking minority Senator on the sub- mittee shall constitute a quorum for the hearing and the matter or matters to which committee; transaction of routine business, provided the witness is expected to testify. A sub- (d) the President pro tempore is the super- that one Minority Member is present. The poena for the production of memoranda, doc- visor of the Secretary of the Senate, Ser- term ‘‘routine business’’ includes, but is not uments and records shall identify the papers geant at Arms and Doorkeeper, the Chaplain, limited to, the consideration of legislation required to be produced with as much par- the Legislative Counsel, and the employees pending before the Committee and any ticularity as is practicable. of the Office of the Legislative Counsel; amendments thereto, and voting on such (d) Any witness summoned to a public or (e) the Secretary of the Senate is the su- amendments. 132 Congressional Record Sec. closed hearing may be accompanied by coun- pervisor of the employees of his office; 3231 (daily edition March 21, 1986) sel of his own choosing, who shall be per- (f) the Sergeant at Arms and Doorkeeper is (3) In hearings, whether in public or closed mitted while witness is testifying to advise the supervisor of the employees of his office; session a quorum for the asking of testi- him of his legal rights. (g) the Majority and Minority Leaders and mony, including sworn testimony, shall con- (e) No confidential testimony taken, or the Majority and Minority Whips are the su- sist of one Member of the Committee. confidential material presented to the Com- pervisors of the research, clerical, and other (c) Proxies will be permitted in voting mittee, or any report of the proceedings of a assistants assigned to their respective of- upon the business of the Committee by Mem- closed hearing, or confidential testimony or fices; bers who are unable to be present. To be (h) the majority Leader is the supervisor of material submitted voluntarily or pursuant valid, proxies must be signed and assign the the Secretary for the Majority and the Sec- to a subpoena, shall be made public, either in right to vote on the date of the meeting to retary for the Majority is the supervisor of whole or in part or by way of summary, un- one of the Members who will be present. the employees of his office; and less authorized by a majority of the Members (i) the Minority Leader is the supervisor of Proxies shall in no case be counted for estab- of the Committee. the Secretary for the Minority and the Sec- lishing a quorum. 4. SUBCOMMITTEES (d) It shall not be in order for the Com- retary for the Minority is the supervisor of The Committee shall not have standing mittee to consider any amendment in the the employees of his office. subcommittees. first degree proposed to any measure under f consideration by the Committee unless thir- 5. AMENDMENT OF RULES RULES OF THE COMMITTEE ON ty written copies of such amendment have The foregoing rules may be added to, modi- SMALL BUSINESS & ENTREPRE- been delivered to the Offices of the Chairman fied or amended; provided, however, that not NEURSHIP and the Ranking Member at least 2 business less than a majority of the entire Member- days prior to the meeting. This subsection ship so determined at a regular meeting with Ms. SNOWE. Mr. President, pursuant may be waived by the agreement of the due notice, or at a meeting specifically to Rule 26 of the Standing Rules of the Chairman and Ranking Member or by a ma- called for that purpose.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2689 RULES OF THE SELECT ing evidence under oath, a quorum may con- the Committee have specifically requested COMMITTEE ON INTELLIGENCE sist of one Senator. the Chairman or the Vice Chairman to au- 2.5. A vote by any member of the Com- thorize such an investigation. Authorized in- Mr. ROBERTS. Mr. President, para- mittee with respect to any measure or mat- vestigations may be conducted by members graph 2 of Senate Rule XXVI requires ter being considered by the Committee may of the Committee and/or designated Com- that not later than March 1 of the first be cast by proxy if the proxy authorization mittee staff members. year of each Congress, the rules of each (1) is in writing; (2) designates the member of RULE 7. SUBPOENAS Committee shall be published in the the Committee who is to exercise the proxy; Subpoenas authorized by the Committee RECORD. and (3) is limited to a specific measure or for the attendance of witnesses or the pro- In compliance with this provision, I matter and any amendments pertaining duction of memoranda, documents, records thereto. Proxies shall not be considered for or any other material may be issued by the ask unanimous consent that the Rules the establishment of a quorum. of the Select Committee on Intel- Chairman, the Vice Chairman, or any mem- 2.6. Whenever the Committee by roll call ber of the Committee designated by the ligence be printed in the RECORD. vote reports any measure or matter, the re- Chairman, and may be served by any person There being no objection, the mate- port of the Committee upon such measure or designated by the Chairman. Vice Chairman rial was ordered to be printed in the matter shall include a tabulation of the or member issuing the subpoenas. Each sub- RECORD, as follows: votes cast in favor of and the votes cast in poena shall have attached thereto a copy of opposition to such measure or matter by RULES OF PROCEDURE FOR THE SELECT COM- S. Res. 400, 94th Congress, 2d Session and a each member of the Committee. MITTEE ON INTELLIGENCE, UNITED STATES copy of these rules. SENATE RULE 3. SUBCOMMITTEES RULE 8. PROCEDURES RELATED TO THE TAKING (Adopted June 23, 1976) Creation of subcommittees shall be by ma- OF TESTIMONY jority vote of the Committee. Subcommit- 8.1 NOTICE.—Witnesses required to appear (Amended October 24, 1990 tees shall deal with such legislation and before the Committee shall be given reason- (Amended February 25, 1993) oversight of programs and policies as the able notice and all witnesses shall be fur- (Amended February 22, 1995) Committee may direct. The subcommittees nished a copy of these Rules. ATH OF FFIRMATION RULE 1. CONVENING OF MEETINGS shall be governed by the Rules of the Com- 8.2 O A .—Testimony of mittee and by such other rules they may witnesses shall be given under oath or affir- 1.1. The regular meeting day of the Select adopt which are consistent with the Rules of mation which may be administered by any Committee on Intelligence for the trans- the Committee. member of the Committee. action of Committee business shall be every 8.3 INTERROGATION.—Committee interroga- RULE 4. REPORTING OF MEASURES OR other Wednesday of each month, unless oth- tion shall be conducted by members of the RECOMMENDATIONS erwise directed by the Chairman. Committee and such Committee staff as are 1.2. The Chairman shall have authority, 4.1. No measures or recommendations shall authorized by the Chairman, Vice Chairman, upon notice, to call such additional meetings be reported, favorably or unfavorably, from or the presiding member. of the Committee as he may deem necessary the Committee unless a majority of the 8.4 COUNSEL FOR THE WITNESS.—(a) Any and may delegate such authority to any Committee is actually present and a major- witness may be accompanied by counsel. A other member of the Committee. ity concur. witness who is unable to obtain counsel may 1.3. A special meeting of the Committee 4.2. In any case in which the Committee is inform the Committee of such fact. If the may be called at any time upon the written unable to reach a unanimous decision, sepa- witness informs the Committee of this fact request of five or more members of the Com- rate views or reports may be presented by at least 24 hours prior to his or her appear- mittee filed with the Clerk of the Com- any member or members of the Committee. ance before the Committee, the Committee mittee. 4.3. A member of the Committee who gives shall then endeavor to obtain voluntary 1.4. In the case of any meeting of the Com- notice of his intention to file supplemental, counsel for the witness. Failure to obtain mittee, other than a regularly scheduled minority, or additional views at the time of such counsel will not excuse the witness meeting, the Clerk of the Committee shall final Committee approval of a measure or from appearing and testifying. notify every member of the Committee of matter, shall be entitled to not less than (b) Counsel shall conduct themselves in an the time and place of the meeting and shall three working days in which to file such ethical and professional manner. Failure to give reasonable notice which, except in ex- views, in writing with the Clerk of the Com- do so small, upon a finding to that effect by traordinary circumstances, shall be at least mittee. Such views shall then be included in a majority of the members present, subject 24 hours in advance of any meeting held in the Committee report and printed in the such counsel to disciplinary action which Washington, D.C. and at least 48 hours in the same volume, as a part thereof, and their in- may include warning, censure, removal, or a case of any meeting held outside Wash- clusion shall be noted on the cover of the re- recommendation of contempt proceedings. ington, D.C. port. (c) There shall be no direct or cross-exam- 1.5. If five members of the Committee have 4.4. Routine, non-legislative actions re- ination by counsel. However, counsel may made a request in writing to the Chairman quired of the Committee may be taken in ac- submit in writing any question he wishes to call a meeting of the Committee, and the cordance with procedures that have been ap- propounded to his client or to any other wit- Chairman fails to call such a meeting within proved by the Committee pursuant to these ness and may, at the conclusion of his cli- seven calendar days thereafter, including the Committee Rules. ent’s testimony, suggest the presentation of day on which the written notice is sub- RULE 5. NOMINATIONS other evidence or the calling of other witnesses. The Committee may use such ques- mitted, these members may call a meeting 5.1. Unless otherwise ordered by the Com- tions and dispose of such suggestions as it by filing a written notice with the Clerk of mittee, nominations referred to the Com- deems appropriate. the committee in writing of the date and mittee shall be held for at least 14 days be- time of the meeting. 8.5 STATEMENTS BY WITNESSES.—A witness fore being voted on by the Committee. may make a statement, which shall be brief 5.2. Each member of the Committee shall RULE 2. MEETING PROCEDURES and relevant, at the beginning and conclu- be promptly furnished a copy of all nomina- 2.1. Meetings of the Committee shall be sion of his or her testimony. Such state- tions referred to the Committee. open to the public except as provided in S. ments shall not exceed a reasonable period of 5.3. Nominees who are invited to appear be- Res. 9, 94th Congress, 1st Session. time as determined by the Chairman, or fore the Committee shall be heard in public 2.2. It shall be the duty of the Staff Direc- other presiding members. Any witness desir- session, except as provided in Rule 2.1. tor to keep or cause to be kept a record of all ing to make a prepared or written statement 5.4. No confirmation hearing shall be held Committee proceedings. for the record of the proceedings shall file a sooner than seven days after receipt of the 2.3. The Chairman of the Committee, of if copy with the Clerk of the Committee, and background and financial disclosure state- the Chairman is not present the Vice Chair- insofar as practicable and consistent with ment unless the time limit is waived by a man, shall preside over all meetings of the the notice given, shall do so at least 72 hours majority vote of the Committee. Committee. In the absence of the Chairman in advance of his or her appearance before and the Vice Chairman at any meeting the 5.5 The Committee vote on the confirmation shall not be sooner than 48 hours after the Committee. ranking majority member, or if no majority 8.6 OBJECTIONS AND RULINGS.—Any objec- the Committee has received transcripts of member is present the ranking minority tion raised by a witness or counsel shall be the confirmation hearing unless the time member present shall preside. ruled upon the Chairman or other presiding limit is waived by unanimous consent of the 2.4. Except as otherwise provided in these member, and such ruling shall be the ruling Committee. Rules, decisions of the Committee shall be of the Committee unless a majority of the 5.6 No nomination shall be reported to the by a majority vote of the members present Committee present overrules the ruling of Senate unless the nominee has filed a back- and voting. A quorum for the transaction of the chair. ground and financial disclosure statement Committee business, including the conduct 8.7 INSPECTION AND CORRECTION.—All wit- of executive sessions, shall consist of no less with the committee. nesses testifying before the Committee shall than one third of the Committee Members, RULE 6. INVESTIGATIONS be given a reasonable opportunity to inspect, except that for the purpose of hearing wit- No investigation shall be initiated by the in the office of the Committee, the tran- nesses, taking sworn testimony, and receiv- Committee unless at least five members of script of their testimony to determine

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2690 CONGRESSIONAL RECORD — SENATE February 25, 2003 whether such testimony was correctly tran- or to any member of the Senate not a mem- person engaged by contract or otherwise to scribed. The witness may be accompanied by ber of the Committee, such material shall be perform services for or at the request of the counsel. Any corrections the witness desires accompanied by a verbal or written notice to Committee. To the maximum extent prac- to make in the transcript shall be submitted the recipients advising of their responsi- ticable, the Committee shall rely on its full- in writing to the Committee within five days bility to protect such material pursuant to time employees to perform all staff func- from the date when the transcript was made section 8 of S. Res. 400 of the 94th Congress. tions. No individual may be retained as staff available to the witness. Corrections shall be The Clerk of the Committee shall ensure of the Committee or to perform services for limited to grammar and minor editing, and that such notice is provided and shall main- the Committee unless that individual holds may not be made to change the substance of tain a written record identifying the par- appropriate security clearances. the testimony. Any questions arising with ticular information transmitted and the 10.2 The appointment of Committee staff respect to such corrections shall be decided Committee or members of the Senate receiv- shall be confirmed by a majority vote of the by the Chairman. Upon request, those parts ing such information. Committee. After confirmation, the Chair- of testimony given by a witness in executive 9.5 Access to classified information sup- man shall certify Committee staff appoint- session which are subsequently quoted or plied to the Committee shall be limited to ments to the Financial Clerk of the Senate made part of a public record shall be made those Committee staff members with appro- in writing. No Committee staff shall be given available to that witness at his or her ex- priate security clearance and a need-to- access to any classified information or reg- pense. know, as determined by the Committee, and, ular access to the Committee offices, until such Committee staff has received an appro- 8.8 REQUESTS TO TESTIFY.—The Committee under the Committee’s direction, the Staff will consider requests to testify on any mat- Director and minority Staff Director. priate security clearance as described in Sec- ter or measure pending before the Com- 9.6. No member of the Committee or of the tion 6 of Senate Resolution 400 of the 94th mittee. A person who believes that testi- Committee staff shall disclose, in whole or in Congress. 10.3 The Committee staff works for the mony or other evidence present at a public part or by way of summary, to any person Committee as a whole, under the supervision hearing, or any comment made by a Com- not a member of the Committee or the Com- of the Chairman and Vice Chairman of the mittee member or a member of the Com- mittee staff for any purpose or in connection Committee. The duties of the Committee mittee staff may tend to affect adversely his with any proceeding, judicial or otherwise, staff shall be performed, and Committee any testimony given before the committee in or her reputation, may request to appear staff personnel affairs and day-to-day oper- executive session including the name of any personally before the Committee to testify ations, including security and control of witness who appeared or was called to appear on his or her own behalf, or may file a sworn classified documents and material, and shall before the Committee in executive session, statement of acts relevant to the testimony, be administered under the direct supervision or the contents of any papers or materials or evidence, or comment, or may submit to the and control of the Staff Director. The Minor- other information received by the Com- Chairman proposed questions in writing for ity Staff Director and the Minority Counsel mittee except as authorized herein, or other- the cross-examination of other witnesses. shall be kept fully informed regarding all wise as authorized by the Committee in ac- The Committee shall take such action as it matters and shall have access to all material cordance with section 8 of S. Res. 400 of the deems appropriate. in the files of the Committees. 8.9 CONTEMPT PROCEDURES.—No rec- 94th Congress and the provisions of these 10.4. The Committee staff shall assist the ommendation that a person be cited for con- rules, or in the event of the termination of minority as fully as the majority in the ex- tempt of Congress shall be forwarded to the the Committee, in such a manner as may be pression of minority views, including assist- Senate unless and until the Committee has, determined by the Senate. For purposes of ance in the preparation and filing of addi- upon notice to all its members, met and con- this paragraph, members and staff of the tional, separate and minority in the expres- sidered the alleged contempt, afforded the Committee may disclose classified informa- sion of minority views, to the end that all person an opportunity to state in writing or tion in the possession of the Committee only points of view may be fully considered by the in person why he or she should not be held in to persons with appropriate security clear- Committee and the Senate. contempt, and agreed by majority vote of ances who have a need to know such infor- 10.5. The members of the Committee staff the Committee, to forward such rec- mation for an official governmental purpose shall not discuss either the substance or pro- ommendation to the Senate. related to the work of the Committee. Infor- cedure of the work of the Committee with 8.10 RELEASE OF NAME OF WITNESS.—Unless mation discussed in executive sessions of the any person not a member of the Committee authorized by the Chairman, the name of Committee and information contained in pa- or the Committee staff for any purpose or in any witness scheduled to be heard by the pers and materials which are not classified connection with any proceeding, judicial or Committee shall not be released prior to, or but which are controlled by the committee otherwise, either during their tenure as a after, his or her appearance before the Com- may be disclosed only to persons outside the member of the Committee staff at any time mittee. Committee who have a need to know such in- thereafter except as directed by the Com- RULE 9. PROCEDURES FOR HANDLING formation for an official governmental pur- mittee in accordance with Section 8 of S. CLASSIFIED OR SENSITIVE MATERIAL pose related to the work of the Committee Res. 400 of the 94th Congress and the provi- 9.1. Committee staff offices shall operate and only if such disclosure has been author- sions of these rules, or in the event of the under strict precautions. At least one secu- ized by the Chairman and Vice Chairman of termination of the Committee, in such a rity guard shall be on duty at all times by the Committee, or by the Staff Director and manner as may be determined by the Senate. 10.6. No member of the Committee staff the entrance to control entry. Before enter- Minority Staff Director, acting on their be- shall be employed by the Committee unless ing the office all persons shall identify them- half. Failure to abide by this provision shall and until a member of the Committee staff selves. constitute grounds for referral to the Select agrees in writing, as a condition of employ- 9.2. Sensitive or classified documents and Committee on Ethics pursuant to Section 8 ment to abide by the conditions of the non- material shall be segregated in a secure stor- of S. Res. 400. disclosure agreement promulgated by the age area. They may be examined only at se- 9.7 Before the Committee makes any deci- Senate Select Committee on Intelligence, cure reading facilities. Copying, duplicating, sion regarding the disposition of any testimony, papers, or other materials presented pursuant to Section 6 of S. Res. 400 of the or removal from the Committee offices of 94th Congress, 2d Session, and to abide by such documents and other materials is pro- to it, the Committee members shall have a reasonable opportunity to examine all perti- the Committee’s code of conduct. hibited except as is necessary for use in, or 10.7. No member of the Committee staff preparation for, interviews or Committee nent testimony, papers, and other materials that have been obtained by the members of shall be employed by the Committee unless meetings, including the taking of testimony, and until such a member of the Committee and in conformity with Section 10.3 hereof. the Committee or the Committee staff. 9.8 Attendance of persons outside the Com- staff agrees in writing, as a condition of em- All documents or materials removed from mittee at closed meetings of the Committee ployment, to notify the Committee or in the the Committee offices for such authorized shall be kept at a minimum and shall be lim- event of the Committee’s termination the purposes must be returned to the Commit- ited to persons with appropriate security Senate of any request for his or her testi- tee’s secure storage area for overnight stor- clearance and a need-to-know the informa- mony, either during his tenure as a member age. tion under consideration for the execution of of the Committee staff or at any time there- 9.3. Each member of the Committee shall their official duties. Notes taken at such after with respect to information which at all times have access to all papers and meetings by any person in attendance shall came into his or her possession by virtue of other material received from any source. be returned to the secure storage area in the his or her position as a member of the Com- The Staff Director shall be responsible for Committee’s offices at the conclusion of mittee staff. Such information shall not be the maintenance, under appropriate security such meetings, and may be made available to disclosed in response to such requests except procedures, of a registry which will number the department, agency, office, committee or as directed by the Committee in accordance and identify all classified papers and other entity concerned only in accordance with the with Section 8 of S. Res. 400 of the 94th Con- classified materials in the possession of the security procedures of the Committee. gress and the provisions of these rules, or in Committee, and such registry shall be avail- the event of the termination of the Com- able to any member of the Committee. RULE 10. STAFF mittee, in such manner as may be deter- 9.4. Whenever the Select Committee on In- 10.1 For purposes of these rules, Committee mined by the Senate. telligence makes classified material avail- staff includes employees of the Committee, 10.8. The Committee shall immediately able to any other Committee of the Senate consultants to the Committee, or any other consider action to be taken in the case of

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2691 any member of the Committee staff who fails Requests for authorization of such travel (D) two members from the Committee on to conform to any of these Rules. Such dis- shall state the purpose and extent of the the Judiciary; and ciplinary action may include, but shall not trip. A full report shall be filed with the (E) seven members to be appointed from be limited to, immediate dismissal from the Committee when travel is completed. the Senate at large. Committee staff. 13.2. When the Chairman and the Vice (2) Members appointed from each com- 10.9. Within the Committee staff shall be Chairman approve the foreign travel of a mittee named in clauses (A) through (D) of an element with the capability to perform member of the committee staff not accom- paragraph (1) shall be evenly divided between audits of programs and activities undertaken panying a member of the Committee, all the two major political parties and shall be by departments and agencies with intel- members of the Committee are to be advised, appointed by the President pro tempore of ligence functions. Such element shall be prior to the commencement of such travel, of the Senate upon the recommendations of the comprised of persons qualified by training its extent, nature and purpose. The report majority and minority leaders of the Senate. and/or experience to carry out such functions referred to in Rule 13.1 shall be furnished to Four of the members appointed under clause in accordance with accepted auditing stand- all members of the Committee and shall not (E) of paragraph (1) shall be appointed by the President pro tempore of the Senate upon ards. be otherwise disseminated without the ex- the recommendation of the majority leader 10.10. The workplace of the Committee press authorization of the Committee pursu- of the Senate and three shall be appointed by shall be free from illegal use, possession, sale ant to the Rules of the Committee. the President pro tempore of the Senate or distribution of controlled substances by 13.3. No member of the Committee staff upon the recommendation of the minority its employees. Any violation of such policy shall travel within this country on Com- leader of the Senate. mittee business unless specifically author- by any member of the Committee staff shall (3) The majority leader of the Senate and be grounds for termination of employment. ized by the Staff Director as directed by the the minority leader of the Senate shall be ex Further, any illegal use of controlled sub- Committee. officio members of the select committee but stances by a member of the Committee staff, RULE 14. CHANGES IN RULES shall have no vote in the committee and within the workplace or otherwise, shall re- These Rules may be modified, amended, or shall not be counted for purposes of deter- sult in reconsideration of the security clear- repealed by the Committee, provided that a mining a quorum. ance of any such staff member and may con- notice in writing of the proposed change has (b) No Senator may serve on the select stitute grounds for termination of employ- been given to each member at least 48 hours committee for more than eight years of con- ment with the Committee. prior to the meeting at which action thereon tinuous service, exclusive of service by any 10.11. In accordance with title II of the is to be taken. Senator on such committee during the Nine- Civil Rights Act of 1991 (P.L. 102–166), all per- ty-fourth Congress. To the greatest extent sonnel actions affecting the staff of the Com- APPENDIX A.—94TH CONGRESS, 2D SESSION practicable, one-third of the Members of the mittee shall be made free from any discrimi- S. Res. 400 Senate appointed to the select committee at nation based on race, color, religion, sex, na- the beginning of the Ninety-seventh Con- tional origin, age, handicap or disability. [Report No. 94–675] gress and each Congress thereafter shall be RULE 11. PREPARATION FOR COMMITTEE [Report No. 94–770] Members of the Senate who did not serve on MEETINGS IN THE SENATE OF THE UNITED STATES such committee during the preceding Con- 11.1. Under direction of the Chairman and March 1, 1976 gress. (c) At the beginning of each Congress, the the Vice Chairman, designated Committee Mr. Mansfield (for Mr. Ribicoff) (for him- staff members shall brief members of the Members of the Senate who are members of self, Mr. Church, Mr. Percy, Mr. Baker, Mr. the majority party of the Senate shall elect Committee at a time sufficiently prior to Brock, Mr. Chiles, Mr. Glenn, Mr. Huddle- a chairman for the select committee, and the any Committee meeting to assist the Com- ston, Mr. Jackson, Mr. Javits, Mr. Mathias, Members of the Senate who are from the mi- mittee members in preparation for such Mr. Metcalf, Mr. Mondale, Mr. Morgan, Mr. nority party of the Senate shall elect a vice meeting and to determine any matter which Muskie, Mr. Nunn, Mr. Roth, Mr. Schweiker, chairman for such committee. The vice the Committee member might wish consid- and Mr. Weicker) submitted the following chairman shall act in the place and stead of ered during the meeting. Such briefing shall, resolution; which was referred to the Com- the chairman in the absence of the chair- at the request of a member, include a list of mittee on Government Operations. man. Neither the chairman nor the vice all pertinent papers and other materials that May 19, 1976 chairman of the select committee shall at have been obtained by the Committee that the same time serve as chairman or ranking bear on matters to be considered at the Considered, amended, and agreed to resolution to establish a Standing Committee of minority member of any other committee re- meeting. ferred to in paragraph 4(e)(1) of rule XXV of 11.2. The Staff Director shall recommend the Senate on Intelligence, and for other purposes the Standing Rules of the Senate. to the Chairman and the Vice Chairman the SEC. 3. (a) There shall be referred to the se- testimony, papers, and other materials to be Resolved, That it is the purpose of this res- lect committee all proposed legislation, mes- presented to the Committee at any meeting. olution to establish a new select committee sages, petitions, memorials, and other mat- The determination whether such testimony, of the Senate, to be known as the Select ters relating to the following: papers, and other materials shall be pre- Committee on Intelligence, to oversee and (1) The Central Intelligence Agency and sented in open or executive session shall be make continuing studies of the intelligence the Director of Central Intelligence. made pursuant to the Rules of the Senate activities and programs of the United States (2) Intelligence activities of all other de- and Rules of the Committee. Government, and to submit to the Senate ap- partments and agencies of the Government, 11.3. The Staff Director shall ensure that propriate proposals for legislation and report including, but not limited to, the intel- covert action programs of the U.S. Govern- to the Senate concerning such intelligence ligence activities of the Defense Intelligence ment receive appropriate consideration by activities and programs. In carrying out this Agency, the National Security Agency, and the Committee no less frequently than once purpose, the Select Committee on Intel- other agencies of the Department of State; a quarter. ligence shall make every effort to assure the Department of Justice; and the Depart- RULE 12. LEGISLATIVE CALENDAR that the appropriate departments and agen- ment of the Treasury. (3) The organization or reorganization of 12.1. The Clerk of the Committee shall cies of the United States provide informed any department or agency of the Govern- maintain a printed calendar for the informa- and timely intelligence necessary for the executive and legislative branches to make ment to the extent that the organization or tion of each Committee member showing the reorganization relates to a function or activ- measures introduced and referred to the sound decisions affecting the security and vital interests of the Nation. It is further the ity involving intelligence activities. Committee and the status of such measures; (4) Authorizations for appropriations, both nominations referred to the Committee and purpose of this resolution to provide vigilant legislative oversight over the intelligence direct and indirect, for the following: their status; and such other matters as the (A) The Central Intelligence Agency and Committee determines shall be included. The activities of the United States to assure that such activities are in conformity with the Director of Central Intelligence Calendar shall be revised from time to time (B) The Defense Intelligence Agency. to show pertinent changes. A copy of each Constitution and laws of the United States. (C) The National Security Agency. SEC. 2. (a)(1) There is hereby established a such revision shall be furnished to each (D) The intelligence activities of other select committee to be known as the Select member of the Committee. agencies and subdivisions of the Department Committee on Intelligence (hereinafter in 12.2. Unless otherwise ordered, measures of Defense. this resolution referred to as the ‘‘select referred to the Committee shall be referred (E) The intelligence activities of the De- committee’’). The select committee shall be by the Clerk of the Committee to the appro- partment of State. composed of fifteen members appointed as priate department or agency of the Govern- (F) The intelligence activities of the Fed- follows: ment for reports thereon. eral Bureau of Investigation, including all (A) two members from the Committee on activities of the Intelligence Division. RULE 13. COMMITTEE TRAVEL Appropriations; (G) Any department, agency, or subdivi- 13.1. No member of the Committee or Com- (B) two members from the Committee on sion which is the successor to any agency mittee Staff shall travel abroad on Com- Armed Services; named in clause (A), (B), or (C); and the ac- mittee business unless specifically author- (C) two members from the Committee on tivities of any department, agency, or sub- ized by the Chairman and Vice Chairman. Foreign Relations; division named in clause (D), (E), or (F) to

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2692 CONGRESSIONAL RECORD — SENATE February 25, 2003 the extent that the activities of such suc- information on which such reports are based would be served by such disclosure. When- cessor department, agency, or subdivision or the amount of funds authorized to be ap- ever committee action is required to disclose are activities described in clause (D), (E), or propriated for intelligence activities. any information under this section, the com- (F). (c) On or before March 15 of each year, the mittee shall meet to vote on the matter (b) Any proposed legislation reported by select committee shall submit to the Com- within five days after any member of the the select committee, except any legislation mittee on the Budget of the Senate the views committee requests such a vote. No member involving matters specified in clause (1) or and estimates described in section 301(c) of of the select committee shall disclose any in- (4)(A) of subsection (a), containing any mat- the Congressional Budget Act of 1974 regard- formation, the disclosure of which requires a ter otherwise within the jurisdiction of any ing matters within the jurisdiction of the se- committee vote, prior to a vote by the com- standing committee shall, at the request of lect committee. mittee on the question of the disclosure of the chairman of such standing committee, be SEC. 5. (a) For the purpose of this resolu- such information or after such vote except in referred to such standing committee for its tion, the select committee is authorized in accordance with this section. consideration of such matter and be reported its discretion (1) to make investigations into (b)(1) In any case in which the select com- to the Senate by such standing committee any matter within its jurisdiction, (2) to mittee votes to disclose publicly any infor- within thirty days after the day on which make expenditures from the contingent fund mation which has been classified under es- such proposed legislation is referred, to such of the Senate, (3) to employ personnel, (4) to tablished security procedures, which has standing committee; and any proposed legis- hold hearings, (5) to sit and act at any time been submitted to it by the executive lation reported by any committee, other or place during the sessions, recesses, and branch, and which the executive branch re- than the select committee, which contains adjourned periods of the Senate, (6) to requests be kept secret, such committee shall any matter within the jurisdiction of the se- quire, by subpoena or otherwise, the attend- notify the President of such vote. lect committee shall, at the request of the ance of witnesses and the production of cor- (2) The select committee may disclose pub- chairman of the select committee, be re- respondence, books, papers, and documents, licly such information after the expiration of ferred to the select committee for its consid- (7) to take depositions and other testimony, a five-day period following the day on which eration of such matter and be reported to the (8) to procure the service of individual con- notice of such vote is transmitted to the Senate by the select committee within thir- sultants or organizations thereof, in accord- President, unless, prior to the expiration of ty days after the day on which such proposed ance with the provisions of section 202(i) of such five-day period, the President, person- legislation is referred to such committee. In the Legislative Reorganization Act of 1946, ally in writing, notifies the committee that any case in which a committee fails to re- and (9) with the prior consent of the govern- he objects to the disclosure of such informa- port any proposed legislation referred to it ment department or agency concerned and tion, provides his reasons therefor, and cer- within the time limit prescribed herein, such the Committee on Rules and Administration, tifies that the threat to national interest of committee shall be automatically discharged to use on a reimbursable basis the services of the United States posed by such disclosure is from further consideration of such proposed personnel of any such department or agency. of such gravity that it outweighs any public legislation on the thirtieth day following the (b) The chairman of the select committee interest in the disclosure. day on which such proposed legislation is re- or any member thereof may administer (3) If the President, personally in writing, ferred to such committee unless the Senate oaths to witnesses. notifies the select committee of his objec- (c) Subpoenas authorized by the select provides otherwise. In computing any thirty- tions to the disclosure of such information committee may be issued over the signature day period under this paragraph there shall as provided in paragraph (2), such committee of the chairman, the vice chairman or any be excluded from such computation any days may, by majority vote, refer the question of member of the select committee designated on which the Senate is not in session. the disclosure of such information to the (c) Nothing in this resolution shall be con- by the chairman, and may be served by any Senate for consideration. The committee strued as prohibiting or otherwise restrict- person designated by the chairman or any shall not publicly disclose such information ing the authority of any other committee to member signing the subpoenas. without leave of the Senate. study and review any intelligence activity to SEC. 6. No employee of the select com- (4) Whenever the select committee votes to the extent that such activity directly affects mittee or any person engaged by contract or refer the question of disclosure of any infor- a matter otherwise within the jurisdiction of otherwise to perform services for or at the mation to the Senate under paragraph (3), such committee. request of such committee shall be given ac- the chairman shall not later than the first (d) Nothing in this resolution shall be con- cess to any classified information by such day on which the Senate is in session fol- strued as amending, limiting, or otherwise committee unless such employee or person lowing the day on which the vote occurs, re- changing the authority of any standing com- has (1) agreed in writing and under oath to port the matter to the Senate for its consid- mittee of the Senate to obtain full and be bound by the rules of the Senate (includ- eration. prompt access to the product of the intel- ing the jurisdiction of the Select Committee (5) One hour after the Senate convenes on ligence activities of any department or agen- on Standards and Conduct and of such com- the fourth day on which the Senate is in ses- cy of the Government relevant to a matter mittee as to the security of such information sion following the day on which any such otherwise within the jurisdiction of such during and after the period of his employ- matter is reported to the Senate, or at such committee. ment or contractual agreement with such earlier time as the majority leader and the SEC. 4. (a) The select committee, for the committee; and (2) received an appropriate minority leader of the Senate jointly agree purposes of accountability to the Senate, security clearance as determined by such upon in accordance with paragraph 5 of rule shall make regular and periodic reports to committee in consultation with the Director XVII of the Standing Rules of the Senate, the Senate on the nature and extent of the of Central Intelligence. The type of security the Senate shall go into closed session and intelligence activities of the various depart- clearance to be required in the case of any the matter shall be the pending business. In ments and agencies of the United States. such employee or person shall, within the de- considering the matter in closed session the Such committee shall promptly call to the termination of such committee in consulta- Senate may— attention of the Senate or to any other ap- tion with the Director of Central Intel- (A) approve the public disclosure of all or propriate committee or committees of the ligence, by commensurate with the sensi- any portion of the information in question, Senate any matters requiring the attention tivity of the classified information to which in which case the committee shall not pub- of the Senate or such other committee or such employee or person will be given access licly disclose the information ordered to be committees. In making such report, the se- by such committee. lect committee shall proceed in a manner SEC. 7. The select committee shall formu- disclosed. consistent with section 8(c)(2) to protect na- late and carry out such rules and procedures (B) disapprove the public disclosure of all tional security. as it deems necessary to prevent the disclo- or any portion of the information in ques- (b) The select committee shall obtain an sure, without the consent of the person or tion, in which case the committee shall not annual report from the Director of the Cen- persons concerned, of information in the pos- public disclose the information ordered not tral Intelligence Agency, the Secretary of session of such committee which unduly in- to be disclosed, or Defense, the Secretary of State, and the Di- fringes upon the privacy or which violates (C) refer all or any portion of the matter rector of the Federal Bureau of Investiga- the constitutional rights of such person or back to the committee, in which case the tion. Such reports shall review the intel- persons. Nothing herein shall be construed to committee shall make the final determina- ligence activities of the agency or depart- prevent such committee from publicly dis- tion with respect to the public disclosure of ment concerned and the intelligence activi- closing any such information in any case in the information in question. ties of foreign countries directed at the which such committee determines the na- Upon conclusion of the information of such United States or its interest. An unclassified tional interest in the disclosure of such in- matter in closed session, which may not ex- version of each report may be made available formation clearly outweighs any infringe- tend beyond the close of the ninth day on to the public at the discretion of the selec- ment on the privacy of any person or per- which the Senate is in session following the tion committee. Nothing herein shall be con- sons. day on which such matter was reported to strued as requiring the public disclosure in SEC. 8. (a) The select committee may, sub- the Senate, or the close of the fifth day fol- such reports of the names of individuals en- ject to the provisions of this section, disclose lowing the day agreed upon jointly by the gaged in intelligence activities for the publicly any information in the possession of majority and minority leaders in accordance United States or the divulging of intel- such committee after a determination by with paragraph 5 of rule XVII of the Stand- ligence methods employed or the sources of such committee that the public interest ing Rules of the Senate (whichever the case

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2693 may be), the Senate shall immediately vote respect to intelligence activities, including (5) the desirability of changing any law, on the disposition of such matter in open any significant anticipated activities, which Senate rule or procedure, or any Executive session, without debate, and without divulg- are the responsibility of or engaged in by order, rule, or regulation to improve the pro- ing the information with respect to which such department or agency: Provided, That tection of intelligence secrets and provide the vote is being taken. The Senate shall this does not constitute a condition prece- for disclosure of information for which there vote to dispose of such matter by one or dent to the implementation of any such an- is no compelling reason for secrecy; more of the means specified in clauses (A), ticipated intelligence activity. (6) the desirability of establishing a stand- (B), and (C) of the second sentence of this (b) It is the sense of the Senate that the ing committee of the Senate on intelligence paragraph. Any vote of the Senate to dis- head of any department or agency of the activities; close any information pursuant to this para- United States involved in any intelligence (7) the desirability of establishing a joint graph shall be subject to the right of a Mem- activities should furnish any information or committee of the Senate and the House of ber of the Senate to move for reconsider- document in the possession, custody, or con- Representatives on intelligence activities in ation of the vote within the time and pursu- trol of the department or agency, or person lieu of having separate committees in each ant to the procedures specified in rule XIII of paid by such department or agency, when- House of Congress, or of establishing proce- the Standing Rules of the Senate, and the ever requested by the select committee with dures under which separate committees on disclosure of such information shall be made respect to any matter within such com- intelligence activities of the two Houses of consistent with that right. mittee with respect to any matter within Congress would receive joint briefings from (c)(1) No information in the possession of such committee’s jurisdiction. the intelligence agencies and coordinate the select committee relating the lawful in- (c) It is the sense of the Senate that each their policies with respect to the safe- telligence activities of any department or department and agency of the United States guarding of sensitive intelligence informa- agency of the United States which has been should report immediately upon discovery to tion; classified under established security proce- the select committee any and all intel- (8) the authorization of funds for the intel- dures and which the select committee, pur- ligence activities which constitute viola- ligence activities of the Government and suant to subsection (a) or (b) of this section, tions of the constitutional rights of any per- whether disclosure of any of the amounts of has determined should not be disclosed shall son, violations of law, or violations of Execu- such funds is in the public interest; and be made available to any person by a Mem- tive orders, presidential directives or depart- (9) the development of a uniform set of ber, officer, or employee of the Senate except mental or agency rules or regulations; each definitions for terms to be used in policies or in a closed session of the Senate or as pro- department and agency should further report guidelines which may be adopted by the ex- vided in paragraph (2). to such committee what actions have been ecutive or legislative branches to govern, (2) The select committee may, under such taken or are expected to be taken by the de- clarify, and strengthen the operation of in- regulations as the committee shall prescribe partments or agencies with respect to such telligence activities. to protect the confidentiality of such infor- violations. (b) The select committee may, in its dis- mation, make any information described in SEC. 12. Subject to the Standing rules of cretion, omit from the special study required paragraph (1) available to any other com- the Senate, no funds shall be appropriated by this section any matter it determines has mittee or any other Member of the Senate. for any fiscal year beginning after Sep- been adequately studied by the Select Com- Whenever the select committee makes such tember 30, 1976, with the exception of a con- mittee To Study Governmental Operations information available, the committee shall tinuing bill or resolution, or amendment With Respect to Intelligence Activities, es- keep a written record showing, in the case of thereto, or conference report thereon, to, or tablished by Senate Resolution 21, Ninety- any particular information, which the com- for use of, any department or agency of the fourth Congress. mittee or which Members of the Senate re- United States to carry out any of the fol- (c) The select committee shall report the ceived such information under this sub- lowing activities, unless such funds shall results of the study provided for by this sec- section, shall disclose such information ex- have been previously authorized by a bill or tion to the Senate, together with any rec- cept in a closed session of the Senate. joint resolution passed by the Senate during ommendations for legislative or other ac- (d) It shall be the duty of the Select Com- the same or preceding fiscal year to carry tions it deems appropriate, no later than mittee on Standards and Conduct 1 to inves- out such activity for such fiscal year: July 1, 1977, and from time to time there- tigate any unauthorized disclosure of intel- (1) The activities of the Central Intel- after as it deems appropriate. ligence information by a Member, officer or ligence Agency and the Director of Central SEC. 14. (a) As used in this resolution, the employee of the Senate in violation of sub- Intelligence. term ‘‘intelligence activities’’ includes (1) section (c) and to report to the Senate con- (2) The activities of the Defense Intel- the collection, analysis, production, dissemi- cerning any allegation which it finds to be ligence Agency. nation, or use of information which relates substantiated. (3) The activities of the National Security to any foreign country, or any government, (e) Upon the request of any person who is Agency. political group, party, military force, move- subject to any such investigation, the Select (4) The intelligence activities of other ment, or other association in such foreign Committee on Standards and Conduct 1 shall agencies and subdivisions of the Department country, and which relates to the defense, release to such individual at the conclusion of Defense. foreign policy, national security, or related of its investigation a summary of its inves- (5) The intelligence activities of the De- policies of the United States, and other ac- tigation together with its findings. If, at the partment of State. tivity which is in support of such activities; conclusion of its investigation, the Select (6) The intelligence activities activities of (2) activities taken to counter similar activi- Committee on Standards and Conduct 1 de- the Federal Bureau of Investigation, includ- ties directed against the United States; (3) termines that there has been a significant ing all activities of the Intelligence Division. covert or clandestine activities affecting the breach of confidentiality or unauthorized SEC. 13. (a) The select committee shall relations of the United States with any for- disclosure by a Member, officer, or employee make a study with respect to the following eign government, political group, party, of the Senate, it shall report its findings to matters, taking into consideration with re- military force, movement or other associa- the Senate and recommend appropriate ac- spect to each such matter, all relevant as- tion; (4) the collection, analysis, production, tion such as censure, removal from com- pects of the effectiveness of planning, gath- dissemination, or use of information about mittee membership, or expulsion from the ering, use, security, and dissemination of in- activities of persons within the United Senate, in the case of a Member, or removal telligence: States, its territories and possessions, or na- from office-or employment or punishment (1) the quality of the analytical capabili- tionals of the United States abroad whose for contempt, in the case of an officer or em- ties of the United States foreign intelligence political and related activities pose, or may ployee. agencies and means for integrating more be considered by any department, agency, SEC. 9. The select committee is authorized closely analytical intelligence and policy bureau, office, division, instrumentality, or to permit any personal representative of the formulation; employee of the United States to pose, a President, designated by the President to (2) the extent and nature of the authority threat to the internal security of the United serve as a liaison to such committee, to at- of the departments and agencies of the exec- States, and covert or clandestine activities tend any closed meeting of such committee. utive branch to engage in intelligence activi- directed against such persons. Such term SEC. 10. Upon expiration of the Select Com- ties and the desirability of developing char- does not include tactical foreign military in- mittee on Governmental Operations With ters for each intelligence agency or depart- telligence serving no national policy-making Respect to Intelligence Activities, estab- ment; function. lished by Senate Resolution 21, Ninety- (3) the organization of intelligence activi- (b) As used in this resolution, the term fourth Congress, all records, files, docu- ties in the executive branch to maximize the ‘‘department or agency’’ includes any orga- ments, and other materials in the possession, effectiveness of the conduct, oversight, and nization, committee, council, establishment, custody, or control of such committee, under accountability of intelligence activities; to or office within the Federal Government. appropriate conditions established by it, reduce duplication or overlap; and to im- (c) For purposes of this resolution, ref- shall be transferred to the select committee. prove the morale of the personnel of the for- erence to any department, agency, bureau, SEC. 11. (a) It is the sense of the Senate eign intelligence agencies; or subdivision shall include a reference to that the head of each department and agency (4) the conduct of covert and clandestine any successor department, agency, bureau, of the United States should keep the select activities and the procedures by which Con- or subdivision to the extent that such suc- committee fully and currently informed with gress is informed of such activities; cessor engages in intelligence activities now

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2694 CONGRESSIONAL RECORD — SENATE February 25, 2003 conducted by the department, agency, bu- SEC. 2. Section 133A(b) of the Legislative ‘‘elevated’’ threat level declared when reau, or subdivision referred to in this reso- Reorganization Act of 1946, section 242(a) of there is a significant risk of terrorist lution. the Legislative Reorganization Act of 1970, attacks, requiring increased surveil- SEC. 15. (This section authorized funds for and section 102(d) and (e) of the Congres- lance of critical locations. the select committee for the period May 19, sional Budget Act of 1974 are repealed. Counties, cities, and towns in my 1976, through Feb. 28, 1977.) f SEC. 16. Nothing in this resolution shall be home State of Vermont and across the construed as constituting acquiescence by FIRST RESPONDERS PARTNERSHIP United States find themselves over- the Senate in any practice, or in the conduct GRANT ACT OF 2003 INCLUDED IN whelmed by increasing homeland secu- of any activity, not otherwise authorized by THE ECONOMIC RECOVERY ACT rity costs required by the Federal Gov- law. OF 2003 ernment. Indeed, the National Gov- ernors’ Association estimates that APPENDIX B.—94TH CONGRESS, 1ST SESSION Mr. LEAHY. Mr. President, I rise States incurred around $7 billion in se- S. Res. 9 today in support of Democratic Leader curity costs over the past year alone. IN THE SENATE OF THE UNITED STATES DASCHLE’s request to bring before the As a result, the national threat January 15, 1975 Senate the Economic Recovery Act of alerts and other Federal homeland se- Mr. Chiles (for himself, Mr. Roth, Mr. 2003, S. 414, which includes legislation I curity requirements have become un- Biden, Mr. Brock, Mr. Church, Mr. Clark, Mr. introduced last month: the First Re- funded Federal mandates on our State Cranston, Mr. Hatfield, Mr. Hathaway, Mr. sponders Partnership Grant Act of 2003. and local governments. Rutland Coun- Humphrey, Mr. Javits, Mr. Johnston, Mr. I thank the Democratic leader for au- ty Sheriff R.J. Elrick, president of the McGovern, Mr. Metcalf, Mr. Mondale, Mr. thoring this important economic stim- Vermont Sheriffs’ Association, re- Muskie, Mr. Packwood, Mr. Percy, Mr. Prox- ulus package. In seeking to improve cently wrote to me: mire, Mr. Stafford, Mr. Stevenson, Mr. Taft, homeland security, I am proud that he Mr. Weicker, Mr. Bumpers, Mr. Stone, Mr. We are in dire need of financial support to keep our personnel trained and equipped to Culver, Mr. Ford, Mr. Hart of Colorado, Mr. saw fit to include the First Responders meet the challenges here at home as we con- Laxalt, Mr. Nelson, and Mr. Haskell) intro- Partnership Grant Act—on which he, tinue our vigilant commitment to fight ter- duced the following resolution; which was Democratic Whip REID and Senator rorism. read twice and referred to the Committee on BREAUX join me as cosponsors. This Rules and Administration. legislation will supply our Nation’s When terrorists strike, first respond- Resolution amending the rules of the Senate first responders with the support they ers are and will always be the first peo- relating to open committee meetings so desperately need to protect home- ple we turn to for help. We place our Resolved, That paragraph 7(b) of rule XXV land security and prevent and respond lives and the lives of our families and of the Standing Rules of the Senate is to acts of terrorism. friends in the hands of these officers, amended to read as follows: I want to begin by thanking each of trusting that when called upon they ‘‘(b) Each meeting of a standing, select, or our Nation’s brave firefighters, emer- will protect and save us. special committee of the Senate, or any sub- Just how, without supplying them committee thereof, including meetings to gency rescuers, law enforcement officers, and other first responder per- with the necessary resources, do we ex- conduct hearings, shall be open to the public, pect our Nation’s first responders to re- sonnel for the jobs they do for the except that a portion or portions of any such alistically carry out their duties? American public day in and day out. meetings may be closed to the public if the Our State and local law enforcement committee or subcommittee, as the case Our public safety officers are often the officers, firefighters and emergency may be, determines by record vote of a ma- first to respond to any crime or emer- jority of the members of the committee or personnel are full partners in pre- gency situation. On September 11, the venting, investigating, and responding subcommittee present that the matters to be Nation saw that the first on the scene discussed or the testimony to be taken at to terrorist acts. They need and de- at the World Trade Center were the he- such portion or portions— serve the full collaboration of the Fed- ‘‘(1) will disclose matters necessary to be roic firefighters, police officers, and eral Government to meet these new na- kept secret in the interests of national de- emergency personnel of New York City. tional responsibilities. fense or the confidential conduct of the for- These real-life heroes, many of whom Washington is buzzing about the lit- eign relations of the United States; gave the ultimate sacrifice, remind us erally hundreds of billions of addi- ‘‘(2) will relate solely to matters of com- of how important it is to support our tional dollars the President plans to mittee staff personnel or internal staff man- State and local public safety partners. ask Congress to provide for our mili- agement or procedure; But while we ask our Nation’s first ‘‘(3) will tend to charge an individual with tary services to fight the war on ter- crime or misconduct, to disgrace or injure responders to defend us as never before rorism abroad. The same cannot be the professional standing of an individual, or on the front lines against the dark said for helping security here at home, otherwise to expose an individual to public menace of domestic terrorism, we have which is shamefully overlooked. contempt or obloquy, or will represent a failed to supply them with the Federal For a year and a half I have been clearly unwarranted invasion of the privacy support they need and deserve to pro- working hard to remedy that, with al- of an individual; tect us, as we expect and need them to lies like our distinguished Democratic ‘‘(4) will disclose the identity of any in- protect us. leader and assistant Democratic leader, former or law enforcement agent or will dis- Since February 7, 2003, the Federal close any information relating to the inves- and New York Senators SCHUMER and tigation or prosecution of a criminal offense Homeland Security Advisory System CLINTON. As former chair and now that is required to be kept secret in the in- has kept State and local first respond- ranking member of the Judiciary Com- terests of effective law enforcement; or ers on Orange Alert, a ‘‘high’’ condi- mittee, I have made it a high priority ‘‘(5) will disclose information relating to tion indicating a high probability of a to evaluate and meet the needs of our the trade secrets or financial or commercial terrorist attack and when additional first responders. information pertaining specifically to a precautions by first responders are nec- For these reasons, I commend the given person if— essary at public events. Democratic leader for including in the ‘‘(A) an Act of Congress requires the information to be kept confidential by Govern- Since then, counterterrorism offi- homeland security section of his eco- ment officers and employees; or cials have warned that the threat of nomic stimulus package the First Re- ‘‘(B) the information has been obtained by terrorist attacks on U.S. soil is at a sponders Partnership Grant Act, which the Government on a confidential basis, higher level than in previous months will give our Nation’s law enforcement other than through an application by such due to the possibility of impending officers, firefighters, and emergency person for a specific Government financial or military action against Iraq. This is personnel the resources they need to do other benefit, and is required to be kept se- the second time since September 11, their jobs. This legislation will estab- cret in order to prevent undue injury to the 2001, that the national warning level lish a grant program at the Depart- competitive position of such person has been at Orange Alert—from Sep- ment of Homeland Security to provide Whenever any hearing conducted by any tember 10 to September 24 last year, $5 billion nationwide for current fiscal such committee or subcommittee is open to the public, that hearing may be broadcast by Attorney General Ashcroft declared year to support State and local public radio or television, or both, under such rules our country at Orange Threat level. safety officers in their efforts to pro- as the committee or subcommittee may From March 12, 2002, until this tect homeland security and prevent adopt.’’ month, we were at Yellow Alert, an and respond to acts of terrorism.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2695 Similar to the highly successful De- two men attacked the driver and con- Mae Jemison, an African American partment of Justice Community Ori- tinued to yell racial slurs. physician, scientist and engineer, was ented Policing Services—COPS—and I believe that Government’s first the first woman of color to go into the Bulletproof Vest Partnership Grant duty is to defend its citizens, to defend space more than 10 years ago. Dr. Programs, the First Responder Grants them against the harms that come out Jemison was only 16 when she entered will be made directly to State and of hate. The Local Law Enforcement Stanford University; she graduated in local government units for overtime, Enhancement Act is a symbol that can 1977 at age 20 with degrees in both equipment, training, and facility ex- become substance. I believe that by chemical engineering and African penses to support our law enforcement passing this legislation and changing American studies. A few years later, officers, firefighters, and emergency current law, we can change hearts and she received a medical degree from personnel. minds as well. Cornell University. Dr. Jemison was se- The First Responder Grants may be f lected by NASA in 1988 for Astronaut used to pay up to 90 percent of the cost THE MEASURE OF SUCCESS: CELE- training and in 1992 became a mission of the overtime, equipment, training, BRATING A LEGACY OF AFRICAN specialist aboard the space shuttle En- or facility. In cases of fiscal leadership, AMERICAN ACHIEVEMENT deavor. the Department of Homeland Security Throughout her career, Dr. Jemison may waive the local match require- Ms. FEINSTEIN. Mr. President, remained undaunted by the lack of role ment of 10 percent to provide Federal ‘‘Success is to be measured not so models in her area of expertise and in- funds for communities that cannot af- much by the position one has reached stead paved the way as a hero for ford the local match. in life, as by the obstacles which he has women and minorities interested in the In a world shaped by the violent overcome while trying to succeed.’’ science and technology fields. She once events of September 11, day after day This statement, made over 100 years said, ‘‘I saw a world that was changing we call upon our public safety officers ago by Booker T. Washington, rings and I wanted to be a part of that.’’ to remain vigilant. We not only ask true today. Last year, she was honored by the Twenty-seven years ago, February them to put their lives at risk in the Mentoring Center in Oakland during a was designated ‘‘Black History line of duty, but also, if need be, give ceremony where she stressed the need Month.’’ Today, I am pleased to join in their lives to protect us. for caring adults to reach out for the celebration of the many achieve- If we take time to listen to our Na- young people in these troubled times. ments and contributions African Amer- tion’s State and local public safety Just recently, Dr. Jemison encouraged icans have made to our history. I en- partners, they will tell us that they a young audience at the Modesto Com- courage all of you to celebrate this rich welcome the challenge to join in our munity College to shoot for the stars history of achievement year-round. national mission to protect our home- America’s history has been shaped by and realize their capacity to dream. land security. But we cannot ask our the courage, talent, and ingenuity of She said, ‘‘We have to have a vision of firefighters, emergency personnel, and African-Americans. Each February we what we want the world to be in the fu- law enforcement officers to assume rediscover familiar stories of those who ture. We must combine lessons from these new national responsibilities triumphed over bigotry and hatred to the past with our responsibility for the without also providing new Federal help move our Nation closer to living present. It’s the only way to have hope support. up to its greatest potential. In the lives for the future.’’ The First Responders Partnership of Frederick Douglass, Harriet Tub- Politics: African Americans in the Grant Act will provide the necessary man, Sojourner Truth, Rosa Parks, and political arena have worked tirelessly Federal support for our State and pub- Thurgood Marshall we find heroes who to advance the civil rights of all people lic safety officers to serve as full part- dedicated their lives to liberty, free- in California. Largely as a result of ners in the fight to protect our home- dom, and equality. During this month their efforts, African Americans are land security. We need our first re- we also celebrate the achievements and well represented in California local, sponders for the security and the life- vision of civil rights leaders such as State and Federal Governments. saving help they bring to our commu- Martin Luther King, Jr. and Medgar Below is a short list of other African- nities. All they ask is for the tools Evers and are reminded that we must American Californians who have made they need to do their jobs for us. And continue the important work they similar contributions to our State and for the sake of our own security, that started. communities across the Nation: is not too much to ask. A look through our own State’s his- Yvonne Brathwaite Burke was the I commend Senator DASCHLE for his tory reveals a rich portrait of African first black woman to be elected to the leadership, and hope that the Senate American achievement in California. California General Assembly and the will soon consider this desperately In science, George Edward Alcorn, Jr. first to be elected to represent Cali- needed economic stimulus package. is a brilliant physicist and inventor fornia in the United States Congress. f who has made considerable contribu- Congressman Ronald V. Dellums was tions to semiconductor technology and elected to Congress in 1970. He was the LOCAL LAW ENFORCEMENT ACT other scientific fields. He graduated first African-American to serve on the OF 2001 from Occidental College in Los Angeles Armed Services Committee and was its Mr. SMITH. Mr. President, I rise with a B.A. in Physics, and received an first black chairman. today to speak about the need for hate M.S. and Ph.D. in Nuclear, Atomic and Herb J. Wesson, Jr. is only the second crimes legislation. In the last Congress Molecular Physics from Howard Uni- African American in California history Senator KENNEDY and I introduced the versity. He has been issued more than to be elected the 65th Speaker of the Local Law Enforcement Act, a bill that 25 patents for his groundbreaking work California State Assembly, one of the would add new categories to current and is most well-known for inventing most powerful positions in the State. hate crimes law, sending a signal that the Imaging X-ray Spectrometer used As a student at Lincoln University, a violence of any kind is unacceptable in for detecting life on other planets. historically black college, Mr. Wesson our society. Dr. Alcorn has also been extensively was inspired to pursue a political ca- I would like to describe a terrible involved in community service. He was reer while listening to a speech by then crime that occurred July 22, 2001 in awarded a NASA–EEO medal for his Congressman Ron Dellums of Cali- Pleasanton, CA. Two men assaulted an contributions in recruiting minority fornia. Afghani cab driver in an incident that and women scientists and engineers During his career, Mr. Wesson has in- police labeled a hate crime. The two and for his assistance to minority busi- troduced bills that protected labor attackers, Kenny Loveless and Travis nesses in establishing research pro- rights for immigrant workers, ensured Gossage, both 21, yelled racial epithets grams. He is a founder of Saturday pay equity across gender lines, in- at the cab driver during their ride. Academy, which is a weekend honors creased funding for low performing Upon getting out of the cab they program designed to supplement and schools, and promoted job training for struck the outside of the cab. When the extend math-science training for inner- at-risk teens. He has earned a reputa- driver got out to inspect the cab the city students in grades 6 to 8. tion as a natural born leader, mediator

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2696 CONGRESSIONAL RECORD — SENATE February 25, 2003 and bridge-builder, someone other As- my colleagues join me in remembering original thirteen. Since 1809, Concord sembly members turned to when seek- the sacrifices and contributions Afri- has served as the Capital of New Hamp- ing to resolve a conflict. can-Americans have made to our coun- shire and, naturally, has been the heart Sports: African Americans have try. From laying the foundation of the of political life in our state. However, played an extremely influential role in United States Capitol, to creating the the City has a proud record for being the development of professional sports. design of the Nation’s capital, a feat the center of commerce and transpor- Among the most prominent, Tony accomplished by noted scientist Ben- tation as well. One of its best known Gwynn has demonstrated excellence on jamin Banneker, composing great industries was the Abbott-Downing and off the field. A native of Long music and writing classic literature, Company which shipped thousands of Beach, Gwynn played baseball for the African-Americans’ influence on our its famous stagecoaches and wagons all San Diego Padres for 20 years. society and culture is immeasurable. over the world. In addition, the granite In addition to his incredible skill on So many of our modern conveniences from Concord became the cornerstone the diamond, Gwynn became a sports are due to the innovation and imagina- for buildings throughout the United hero for youth across the nation. Dem- tion of great African-American inven- States. Furthermore, the City was the onstrating sportsmanship, community tors like Garrett A. Morgan, creator of northern hub for the railroad industry service, and athleticism, Gwynn has the modern stop light and the gas in the first half of the 20th century. won numerous community awards for mask, which our Nation’s forces may Of course, we cannot talk about this his dedication and activism. He was in- be utilizing in combat in Iraq. The city without praising its most distinc- ducted into the World Sports Humani- great scientist, George Washington tive feature: the people of Concord. In tarian Hall of Fame in 1999. Carver, took tiny peanuts and engi- this community, the citizens value the California can also be very proud of neered myriad uses for them. Pio- importance of helping one’s neighbor its local African American heroes— neering astronauts like Guion Bluford, and, thus, have long been responsible those who often go unrecognized by the and most recently, Lieutenant Colonel for strengthening the New Hampshire national community. Michael Anderson, whom we lost in the way of life. They have never been re- Improving the community relations Columbia tragedy, undertook experi- strained in lending their talents and in her native neighborhood of Watts, in ments in space that will advance our energy to any noble cause. The experi- Los Angeles, has been a lifelong com- technological and scientific knowledge, ences of two Concord residents in the mitment for ‘‘Sweet’’ Alice Harris. expanding our horizons to space and Civil War exemplifies this ethical code. ‘‘Sweet Alice,’’ as she is affectionately beyond. On April 15, 1861, President Lincoln called, is the founder of Parents of It is only fitting that we take time to issued a proclamation calling for 75,000 Watts, a program designed to encour- remember these and other numerous troops to fight to preserve the Union. age children to stay in school and away accomplishments. Our Nation, and in- Within hours of learning of this an- from drugs. deed the world, have benefited from the nouncement, Concord Police Officer Today, Parents of Watts has grown selfless sacrifices African-Americans Edward Sturtevant enlisted in the into numerous organizations that pro- have made in service to our country. Army. Because he was such a natural vide emergency food and shelter for the We must continue to work to ensure leader, he was eventually promoted to homeless, offer health seminars, pro- that all African-Americans are af- major and later gave his life at the vide legal and drug counseling, and op- forded the opportunity to participate Battle of Fredericksburg. Harriet Pa- erate a program for unwed mothers. in, and realize, the American Dream. In tience Dame also greatly contributed Sweet Alice is truly one of the best the words, of Reverend Doctor Martin during this time. At the age of 46, she known and most influential commu- Luther King, Jr.: ‘‘We are not makers offered her services as an Army Nurse. nity leaders of her generation. Her life- of history. We are made by history.’’ From the time of her enlistment until time of service and commitment to dis- Indeed, the history and experiences of well after the war ended, she cared for advantaged youth stems from her early African-Americans have helped shape the injured, the sick and the dying years as a homeless teenage parent at America and will continue to do so for without taking one day’s furlough or age 16. In March of 2002, Lt. Governor generations to come.∑ one day’s sick leave. An exhausting Cruz Bustamante honored Sweet Alice f schedule to be sure but one that fits with the Lt. Governor’s Woman of the the character of Concord. CONCORD, NEW HAMPSHIRE Year award for her tireless efforts for This spirit continues into modern CELEBRATES ITS 150TH BIRTHDAY providing Los Angeles youth with a times and may be best expressed by fighting chance in their community, a ∑ Mr. GREGG. Mr. President, I rise Concord school teacher Christa dedication that has spanned nearly 40 today in honor of Concord, the Capital McAuliffe as she was preparing to be- years. City of New Hampshire. As the United come the first teacher in space: Her This Black History Month, I would States prepares this year to observe message ‘‘I touch the future, I teach’’ like to applaud all African American the 227th anniversary of our independ- perfectly captures the dedication heroes who have overcome great adver- ence, the citizens of Concord will be which characterizes the people of this sity and risen to incredible heights of celebrating the City’s 150th birthday. community. With that, I am proud to success. Many of these heroes have It is therefore timely and appropriate honor and salute them as they cele- come from humble beginnings, making that we recognize this great American brate the 150th birthday of Concord, their successes and contributions to community. New Hampshire, the Capital City of the their communities all the more re- Concord runs eight miles from north Granite State.∑ to south and covers almost 39,000 acres. markable. f However, this geographic description I look forward to the coming year in HONORING DOROTHY GONZALEZ which we will, without a doubt, con- fails to illustrate its unique position in tinue to see African Americans succeed New Hampshire and U.S. history. First ∑ Mr. JOHNSON. Mr. President, I rise and make a difference, both in their settled in the early 1700’s as the Plan- today to honor the late Dorothy Gon- communities and in our country. tation of Penacook, an Indian word de- zalez, of Rapid City, SD. On February scribing the serpentine but beautiful 17, Oglala Lakota College’s East f meanderings of the Merrimack River, Wakpamni District College Center in ADDITIONAL STATEMENTS the town was later renamed Rumford Batesland, SD, was renamed in Doro- in 1734 and then Concord in 1765. In thy Gonzalez’s honor. This is an honor 1853, 150 years ago, the people living she richly deserves. BLACK HISTORY MONTH there incorporated Concord as a city. Dorothy had a distinguished 28 year ∑ Mr. NELSON of Florida. Mr. Presi- In 1788, the leaders of New Hampshire career as an educator and adminis- dent, I rise today to commemorate and approved the new federal constitution trator at Oglala Lakota College. In honor the achievements of African- in the Old North Meeting House in Con- 1975, she became East Wakpamni Dis- Americans as the celebration of Black cord and, thus, New Hampshire became trict College Center’s first director. History Month draws to a close. I know the ninth and ratifying state of the She served as East Wakpamni District

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2697 College’s director until 1990, before be- ment, Rabbi Barenbaum will continue tory of German-Americans in the coming He Sapa College Center’s direc- to do wonders and inspire others for United States. tor. She was named Center Director of many years to come.∑ In 2002, Klaus Wust was recognized the Year in 1985 and 1987. f with the highest civic award author- East Wakpamni District College Cen- ized by the Federal Republic of Ger- ter being renamed in honor of Dorothy TRIBUTE TO THE UNIVERSITY OF many, the Federal Cross of Merit. The Gonzalez is wonderfully appropriate. KENTUCKY BASKETBALL TEAM served as the Founding Director of the Dorothy immensely enriched the life of ∑ Mr. BUNNING. Mr. President, I rise Museum of American Frontier Culture countless young people in South Da- today to honor and pay tribute to our in Staunton, VA, and the Strasburg kota. She was an extraordinary educa- Nations’s winningest college basket- Museum in Strasburg, VA. tor, mentor, and leader. It is an honor ball program of all time, the Univer- From 1957 until 1967, he served as for me to share her accomplishments sity of Kentucky Wildcats. Earlier this Editor of the German language Wash- with my colleagues and to publicly month, on February 6, the UK Basket- ington Journal. Mr. Wust also served commend the talent and commitment ball Program celebrated its 100th anni- for seven years with the Leader Pro- to education she always exhibited versary. gram of the U.S. Department of State throughout her life. She was a woman One century later, Kentucky basket- and served as the personal interpreter of great scholarship and knowledge, ball fans in our great Commonwealth for German governmental delegations and her positive influence will be felt and across the country have celebrated visiting the United States, including for years to come. 7 National Championships, 41 South- the last four Chancellors. Dorothy’s dedication to high quality eastern Conference Championships, 36 I congratulate Mr. Wust on his im- Native American education serves as All-Americans, 5 Hall of Famers, and pressive body of work and his commit- her greatest legacy. Her work con- more than 1,835 victories. UK Basket- ment to preserving the history of our tinues to inspire all those who knew ball has more wins and more NCAA Nation for generations to come.∑ her. Our Nation and South Dakota are Tournament appearances than any f far better places because of Dorothy other university in the Nation. Since DETROIT RANGER DISTRICT Gonzalez’s life, and while we miss her 1927, the UK Basketball team has had very much, the best way to honor her only one losing season. ∑ Mr. SMITH. Mr. President, I rise is to emulate the love and support she To most UK Basketball fans, cheer- today on behalf of the residents of the shared with others.∑ ing for a Wildcat win in Rupp Arena is City of Detroit, OR, to pay tribute and f about much more than just basketball. express by gratitude to the dedicated The UK Basketball tradition is some- staff of the Detroit Ranger District of RABBI MICHAEL BARENBAUM thing all Kentuckians can be proud of. the United States Forest Service lo- ∑ Mrs. BOXER. Mr. President, I rise Over the past six years, Kentucky has cated in Detroit, OR—in particular the today to honor Rabbi Michael led the Nation in average attendance former District Ranger, Stephanie Barenbaum on the occasion of his re- even though some other schools with Phillips. tirement after 27 years as senior rabbi nationally-ranked teams have larger The City of Detroit is a small com- at Congregation Rodef Sholom in San buildings. Many fans wait in lines for munity located on one of Oregon’s Rafael, California. days in order to get the chance to see most popular recreational lakes, nes- Rabbi Barenbaum is a man of great a game in legendary Rupp Arena. tled in the Santiam Canyon. Sur- kindness and integrity who carries the The women and men of Kentucky are rounded on all sides by federally man- Jewish values of caring and compassion proud of the tradition of Kentucky aged lands, Detroit is a community with him in everything he does. With Basketball. I am proud to represent our whose residents rely a great deal on his wisdom and intelligence, he has great Commonwealth and especially the cooperation and effectiveness of changed thousands of lives for the bet- the University of Kentucky as it cele- the Forest Service for any type of eco- ter. brates its basketball program’s 100th nomic success. Under his leadership, Congregation anniversary.∑ Despite a combination of natural and Rodef Sholom has more than tripled in f man-made disasters, the determined size, and its religious school has be- residents of Detroit and the dedicated come one of the largest in Northern RECOGNIZING KLAUS WUST public servants of the Detroit Ranger California. Rabbi Barenbaum has at- ∑ Mr. ALLEN. Mr. President, today I District, led by Ranger Phillips, mixed tracted thousands of worshipers, in- recognize Klaus Wust of Shenandoah steely resolution with true grit to cluding members of other congrega- County, VA, and the contribution he begin a process that will ensure the tions and faiths, through the thought- has made to the preservation of Amer- long-term sustainability of this small fulness of his sermons and the lively, ican history. community. informal spirit of his services. Mr. Wust was born in Bielefeld, West- The level of appreciation for the staff At the same time, Rabbi Barenbaum phalia in Germany in 1925. In 1949, he of Forest Service can be best charac- has fostered a strong tradition of social received a scholarship to spend a year terized by a certificate recently pre- action among his congregation. In the at Bridgewater College in Bridgewater, sented to the Detroit Ranger District 1970s and 80s, he led local efforts to VA. Here he learned a great deal about which read: ‘‘In appreciation and rec- welcome and help settle Jewish the contribution German immigrants ognition of the Detroit Ranger District emigres from the Soviet Union. He es- had made to the Shenandoah Valley of Staff for your contributions as a team tablished a Mitzvah Day program that Virginia. He was so impressed by these of dedicated professionals in service to put nearly a thousand congregants to achievements that he permanently set- the general public, but especially to work on dozens of community-service tled in the Shenandoah Valley and de- the local communities of Detroit and programs throughout Marin County. voted the rest of his life to researching Idanha. We applaud your participation He has been a leader in ecumenical and writing about the contributions with the technical support for Detroit housing, in aiding the homeless, and in German immigrants have made in this Lake area. We thank you for your ad- bringing together clergy of all faiths to region of the Commonwealth. vocacy in all of the Federal Lakes create services for people in need. Mr. Wust’s extensive body of work Recreation local projects.’’ As he heads into a well-deserved reserves as a primer for anyone focusing Mr. President, I would like to add my tirement, Rabbi Barenbaum has said on the revolutionary period of the 1700s words of appreciation for those in the that he plans to work on establishing a and early 1800s colonial era. He made a Detroit Ranger District for their dedi- Jewish hospice in the San Francisco significant contribution in helping to cation to the public good. The City of Bay Area. After years of moving others restore American/German relations fol- Detroit still faces many challenges. to action, he is eager to serve as a vol- lowing World War II through his re- But I am confident that they will suc- unteer. search and writings. He is the author of ceed. While the public servants of our Mr. President, here is a man—a real eight books, coauthor of seventeen Federal agencies are often faceless and mensch. I am sure that even in retire- books and dozens of articles on the his- nameless to us in Congress, many are

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2698 CONGRESSIONAL RECORD — SENATE February 25, 2003 considered friends and partners in the S. 389. A bill to increase the supply of qual- EC–1202. A communication from the Acting communities they serve.∑ ity child care. Principle Deputy Associate Administrator, Environmental Protection Agency, transmit- f The Committee on the Judiciary was discharged from further consideration ting, pursuant to law, the report of a rule en- MESSAGES FROM THE PRESIDENT titled ‘‘Decanoic Acid; Exemption from the of the following measure which was re- Requirement of a Pesticide Tolerance (FRL Messages from the President of the ferred to the Committee on Rules and 7278–6)’’ received on February 20, 2003; to the United States were communicated to Administration: Committee on Agriculture, Nutrition, and the Senate by Ms. Evans, one of his S. Res. 65. A resolution authorizing ex- Forestry. secretaries. penditures by the Committee on the Judici- EC–1203. A communication from the Direc- ary. tor, Regulations and Forms Services Divi- f sion, Immigration and Naturalization Serv- f ice, Department of Justice, transmitting, EXECUTIVE MESSAGES REFERRED EXECUTIVE AND OTHER pursuant to law, the report of a rule entitled As in executive session the Presiding COMMUNICATIONS ‘‘Abbreviation of Waiver of Training for State or Local Law Enforcement Officers Au- Officer laid before the Senate messages The following communications were from the President of the United thorized to Enforce Immigration Law During laid before the Senate, together with a Mass Influx of Aliens (RIN 1115–AG84) (INS States submitting sundry nominations accompanying papers, reports, and doc- No. 2241–02)’’ received on February 24, 2003; to and a treaty which were referred to the uments, which were referred as indi- the Committee on the Judiciary. appropriate committees. cated: EC–1204. A communication from the Dep- (The nominations received today are uty General Counsel, Federal Bureau of In- EC–1195. A communication from the Ad- vestigation, Department of Justice, trans- printed at the end of the Senate pro- ministrator, Dairy Programs, Agricultural mitting, pursuant to law, the report of a rule ceedings.) Marketing Service, Department of Agri- entitled ‘‘Screening of Aliens and Other Des- culture, transmitting, pursuant to law, the f ignated Individuals Seeking flight Training report of a rule entitled ‘‘Milk in the Central (RIN 1105–AA80)’’ received on February 20, REPORT REQUIRED BY THE INTER- Marketing Area (DA–01–07)’’ received on Feb- 2003; to the Committee on the Judiciary. NATIONAL EMERGENCY ECO- ruary 12, 2003; to the Committee on Agri- EC–1205. A communication from the Chief NOMIC POWERS ACT ON THE culture, Nutrition, and Forestry. Justice, Supreme Court of the United States, EMERGENCY REGARDING PRO- EC–1196. A communication from the Ad- transmitting, pursuant to law, the report of LIFERATION OF WEAPONS OF ministrator, Dairy Programs, Agricultural the Proceedings of the Judicial Conference of Marketing Service, Department of Agri- MASS DESTRUCTION—PM 17 the United States of September 24, 2002, re- culture, transmitting, pursuant to law, the ceived on February 24, 2003; to the Com- The PRESIDING OFFICER laid be- report of a rule entitled ‘‘Milk in the North- mittee on the Judiciary. fore the Senate the following message east and Other Marketing Areas (DA–00–03)’’ EC–1206. A communication from the Regu- from the President of the United received on February 12, 2003; to the Com- lations Coordinator, Office of Operations States, together with an accompanying mittee on Agriculture, Nutrition, and For- Management, Department of Health and estry. Human Services, transmitting, pursuant to report; which was referred to the Com- EC–1197. A communication from the Ad- mittee on Banking, Housing, and law, the report of a rule entitled ‘‘Health In- ministrator, Fruit and Vegetable Programs, surance Reform: Modifications to Electronic Urban Affairs: Agricultural Marketing Service, Department Data Transactions and Code Sets (CMS–003– To the Congress of the United States: of Agriculture, transmitting, pursuant to FC and CMS–0050FC) ((0938–AK64)(0938– law, the report of a rule entitled ‘‘Oranges, AK96))’’ received on February 14, 2003; to the As required by section 204(c) of the Grapefruit, Tangerines, and Tangelos Grown International Emergency Economic Committee on Health, Education, Labor, and in Florida; Exemption for Shipments of Tree Pensions. Powers Act, 50 U.S.C. 1703(c), and sec- Run Citrus (Doc. No. FV02–905–4 FIR)’’ re- EC–1207. A communication from the Direc- tion 401(c) of the National Emergencies ceived on February 12, 2003; to the Com- tor, Corporate Policy and Research Depart- Act, 50 U.S.C. 1641(c), I transmit here- mittee on Agriculture, Nutrition, and For- ment, Pension Benefit Guaranty Corpora- with a 6-month periodic report pre- estry. tion, transmitting, pursuant to law, the re- pared by my Administration on the na- EC–1198. A communication from the Ad- port of a rule entitled ‘‘Benefits Payable in tional emergency with respect to the ministrator, Fruit and Vegetable Programs, Terminated Single-Employer Plans; Alloca- Agricultural Marketing Service, Department tion of Assets in Single-Employer Plans; In- proliferation of weapons of mass de- of Agriculture, transmitting, pursuant to struction that was declared in Execu- terest Assumptions for Valuing and Paying law, the report of a rule entitled ‘‘Raisins Benefits’’ received on February 14, 2003; to tive Order 12938 of November 14, 1994. Produced from Grapes Grown in California; the Committee on Health, Education, Labor, GEORGE W. BUSH. Modifications to the Raisins Diversion Pro- and Pensions. THE WHITE HOUSE, February 25, 2003. gram (Doc. No. FV03–989–11FR)’’ received on EC–1208. A communication from the Acting February 12, 2003; to the Committee on Agri- f Assistant General Counsel for Regulations, culture, Nutrition, and Forestry. Office of the General Counsel, Office of Spe- MESSAGE FROM THE HOUSE EC–1199. A communication from the Ad- cial Education and Rehabilitative Services, ministrator, Fruit and Vegetable Programs, transmitting, pursuant to law, the report of At 2:46 p.m., a message from the Agricultural Marketing Service, Department a rule entitled ‘‘Experimental and Innova- House of Representatives, delivered by of Agriculture, transmitting, pursuant to tive Training (CFDA No. 84.263A)’’ received Ms. Niland, one of its reading clerks, law, the report of a rule entitled ‘‘Raisins on February 24, 2003; to the Committee on announced that the pursuant to 22 Produced from Grapes Grown in California; Health, Education, Labor, and Pensions. U.S.C. 1928a, and the order of the House Additional Opportunity for Participation in EC–1209. A communication from the Direc- of January 8, 2003, the Speaker ap- 2002 Raisin Diversion Program (Doc. No. tor, Regulations Policy and Management, points the following members of the FV02–989–5FIR)’’ received on February 12, Department of Health and Human Services, 2003; to the Committee on Agriculture, Nu- transmitting, pursuant to law, the report of House of Representatives to the United trition, and Forestry. a rule entitled ‘‘Human Cells, Tissues, and States Group of the North Atlantic As- EC–1200. A communication from the Acting Cellular and Tissue-Based Products Estab- sembly: Mr. BEREUTER of Nebraska, Principle Deputy Associate Administrator, lishment Registration and Listing (Doc. No. Chairman Mr. REGULA of Ohio, Mr. Environmental Protection Agency, transmit- 97N–484R)’’ received on February 24, 2003; to HEFLEY of Colorado, Mr. GILLMOR of ting, pursuant to law, the report of a rule en- the Committee on Health, Education, Labor, Ohio, Mr. GOSS of Florida, Mr. EHLERS titled ‘‘Pesticides; Tolerance Exemption for and Pensions. of Michigan, Mr. MCINNIS of Colorado, Polymers (FRL 7291–7)’’ received on Feb- EC–1210. A communication from the Direc- ruary 20, 2003; to the Committee on Agri- tor, Regulations Policy and Management, Mr. BILIRAKIS of Florida. culture, Nutrition, and Forestry. Department of Health and Human Services, f EC–1201. A communication from the Acting transmitting, pursuant to law, the report of Principle Deputy Associate Administrator, a rule entitled ‘‘Prescription Drug Mar- MEASURES REFERRED Environmental Protection Agency, transmit- keting Act of 1987; Prescription Drug Amend- The Committee on Finance was dis- ting, pursuant to law, the report of a rule en- ments of 1992; Policies, Requirements, and titled ‘‘Pelargonic Acid (Nonanoic Acid); Ex- Administrative Procedures, Delay of Effec- charged from further consideration of emption from the Requirement of a Pesticide tive Date (RIN0905–AC81)(Doc. No. 92N–0297)’’ the following measure which was re- Tolerance (FRL 7278–7)’’ received on Feb- received on February 20, 2003; to the Com- ferred to the Committee on Health, ruary 20, 2003; to the Committee on Agri- mittee on Health, Education, Labor, and Education, Labor, and Pensions: culture, Nutrition, and Forestry. Pensions.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2699 EC–1211. A communication from the Acting EC–1221. A communication from the Chair- mitting, pursuant to law, the report of a rule General Counsel, National Endowment for man of the Council, Council of the District of entitled ‘‘Administratively Uncontrollable the Arts, transmitting, pursuant to law, the Columbia, transmitting, pursuant to law, the Overtime (3206–AJ57)’’ received on February report of a nomination for the position of report on D.C. Act 14–569 ‘‘Disposal of Dis- 24, 2003; to the Committee on Governmental Chairman, received on February 24, 2003; to trict Owned Surplus Real Property Tem- Affairs. the Committee on Health, Education, Labor, porary Amendment Act of 2002’’ received on EC–1234. A communication from the Direc- and Pensions. February 14, 2003; to the Committee on Gov- tor, United States Office of Personnel Man- EC–1212. A communication from the Sec- ernmental Affairs. agement, transmitting, pursuant to law, the retary of Health and Human Services, trans- EC–1222. A communication from the Chair- report of a rule entitled ‘‘Retirement Cov- mitting, pursuant to law, the Fifth Annual man of the Council, Council of the District of erage and Service Credit Elections Available Report for the Temporary Assistance for Columbia, transmitting, pursuant to law, the to Current and Former Nonappropriated Needy Families (TANF) Program, received report on D.C. Act 14–570 ‘‘Exclusive Right Fund Employees’’ received on February 14, on February 12, 2003; to the Committee on Agreement Time Period Temporary Amend- 2003; to the Committee on Governmental Af- Health, Education, Labor, and Pensions. ment Act of 2002’’ received on February 14, fairs. EC–1213. A communication from the Sec- 2003; to the Committee on Governmental Af- EC–1235. A communication from the Dep- retary of the Interior, transmitting, pursu- fairs. uty Associate Administrator, Office of Ac- ant to law, the report of a rule entitled EC–1223. A communication from the Chair- quisition Policy, General Service Adminis- ‘‘Subsistence Management Regulations for man of the Council, Council of the District of tration, transmitting, pursuant to law, the Public Lands in Alaska (Direct Final Rule) Columbia, transmitting, pursuant to law, the report of a rule entitled ‘‘Federal Acquisi- (1018–AI88)’’ received on February 11, 2003; to report on D.C. Act 14–576 ‘‘Draft Master Plan tion Regulation; Federal Acquisition Cir- the Committee on Energy and Natural Re- for Public Reservation 13 Approval Act of cular 2001–12 (FAC 2001–12)’’ received on Feb- sources. 2002’’ received on February 14, 2003; to the ruary 20, 2003; to the Committee on Govern- EC–1214. A communication from the Direc- Committee on Governmental Affairs. mental Affairs. tor, Office of Surface Mining, Department of EC–1224. A communication from the Chair- EC–1236. A communication from the Direc- the Interior, transmitting, pursuant to law, man of the Council, Council of the District of tor , Office of General Counsel and Legal Pol- the report of a rule entitled ‘‘Abandoned Columbia, transmitting, pursuant to law, the icy, Office of Government Ethics, transmit- Mine Land Reclamation Notices (1029–AB99)’’ report on D.C. Act 14–573 ‘‘Investments of In- ting, pursuant to law, the report of a rule en- received on February 24, 2003; to the Com- surers Act of 2002’’ received on February 14, titled ‘‘Post-Employment Conflict of Inter- mittee on Energy and Natural Resources. 2003; to the Committee on Governmental Af- est Restrictions; Revisions of Departmental EC–1215. A communication from the Ad- fairs . Component Designations (3209–AA07)’’ re- ministrator, Energy Information Adminis- EC–1225. A communication from the Chair- ceived on February 24, 2003; to the Com- tration, Department of Energy, transmit- man of the Council, Council of the District of mittee on Governmental Affairs. ting, pursuant to law, the report of the En- Columbia, transmitting, pursuant to law, the EC–1237. A communication from the Direc- ergy Information Administration’s Perform- report on D.C. Act 14–575 ‘‘Surname Choice tor , Office of Personnel Policy, Department ance Profiles of Major Energy Producers 2001 Amendment Act of 2002’’ received on Feb- of the Interior, transmitting, pursuant to being released electronically on the World ruary 14 , 2003; to the Committee on Govern- law, the report of a vacancy in the position Wide Web at http.//www.eia.doc.gov/emeu/ mental Affairs. of Assistant Secretary-Indian Affairs, re- perfpro/, received on February 14, 2003; to the EC–1226. A communication from the Chair- ceived on February 24, 2003; to the Com- Committee on Energy and Natural Re- man of the Council, Council of the District of mittee on Indian Affairs. sources. Columbia, transmitting, pursuant to law, the EC–1238. A communication from the Regu- EC–1216. A communication from the Ad- report on D.C. Act 14–574 ‘‘Housing Produc- lations Coordinator, Department of Health ministrator, Energy Information Adminis- tion Trust Fund Affordability Period Tem- and Human Services, transmitting, pursuant tration, Department of Energy, transmit- porary Amendment Act of 2002’’ received on to law, the report of a rule entitled ‘‘Health ting, pursuant to law, the Energy Informa- February 14 , 2003; to the Committee on Gov- Insurance Reform; Security Standards tion Administration’s (EIA) report entitled ernmental Affairs. (CMS–0049–F) (0938–AI57)’’ received on Feb- ‘‘Emissions of Greenhouse Gases in the EC–1227. A communication from the Chair- ruary 14, 2003; to the Committee on Finance. EC–1239. A communication from the Dep- United States 2001’’; to the Committee on man of the Council, Council of the District of uty General Counsel, Department of Vet- Energy and Natural Resources. Columbia, transmitting, pursuant to law, the erans Affairs, transmitting, pursuant to law, EC–1217. A communication from the Assist- report on D.C. Act 14–568 ‘‘Insurance Compli- the report of a rule entitled ‘‘Recognition of ant Secretary, Land and Minerals Manage- ance Self-Evaluation Privilege Act of 2002’’ Organizations and Accreditation of Rep- ment, Engineering and Operations Division, received on February 14, 2003; to the Com- resentatives, Attorneys, and Agents (2900– Mineral Management Service, Department of mittee on Governmental Affairs. the Interior, transmitting, pursuant to law, EC–1228. A communication from the Chair- AI93)’’ received on February 24, 2003; to the the report of a rule entitled ‘‘Oil and Gas and man of the Council, Council of the District of Committee on Veterans’ Affairs. EC–1240. A communication from the Dep- Sulphur Operations in the Outer Continental Columbia, transmitting, pursuant to law, the uty General Counsel, Veterans Health Ad- Shelf-Oil and Gas Drilling Operations (1010– report on D.C. Act 14–490 ‘‘Carl Wilson Bas- ministration, Department of Veterans Af- AC43)’’ received on February 14, 2003; to the ketball Court Designation Act of 2002’’ re- fairs, transmitting, pursuant to law, the re- Committee on Energy and Natural Re- ceived on February 14, 2003; to the Com- port of a rule entitled ‘‘Fisher Houses and sources. mittee on Governmental Affairs. Other Temporary Lodging (2900–AL13)’’ re- EC–1218. A communication from the Assist- EC–1229. A communication from the Chief ceived on February 24, 2003; to the Com- ant Secretary, Land and Minerals Manage- Financial Officer, Export-Import Bank of the mittee on Veterans’ Affairs. ment, Engineering and Operations Division, United States, transmitting, pursuant to EC–1241. A communication from the Dep- Mineral Management Service, Department of law, the Management Report required by the uty General Counsel, Department of Vet- the Interior, transmitting, pursuant to law, Chief Financial Officers Act of 1990; to the erans Affairs, transmitting, pursuant to law, the report of a rule entitled ‘‘Notice of Final Committee on Governmental Affairs. the report of a rule entitled ‘‘Loan Guar- Rule (NFR) Oil and Gas and Sulphur Oper- EC–1230. A communication from the Assist- anty: Implementation of Public Law 107–103 ations in the Outer Continental Shelf- Docu- ant Secretary for Administration, Depart- (2900–AL23)’’ received on February 24, 2003; to ment Incorporated by Reference—American ment of Transportation, transmitting, pur- the Committee on Veterans’ Affairs. Petroleum Institute’s Specification 2C for suant to law, the report of the inventories of Offshore Cranes (API Spec 2 C) (RIN1010– commercial positions in the Department of f AC82)’’ received on February 14, 2003; to the Transportation; to the Committee on Gov- REPORTS OF COMMITTEES Committee on Energy and Natural Re- ernmental Affairs. sources. EC–1231. A communication from the Dep- The following reports of committees EC–1219. A communication from the Chair- uty Director, Trade and Development Agen- were submitted: man of the Council, Council of the District of cy, transmitting, pursuant to law, the report By Mr. CAMPBELL, without amendment: Columbia, transmitting, pursuant to law, the of the United States Trade and Development S. Res. 64. An original resolution author- report on D.C. Act 14–571 ‘‘Health Organiza- Agency (USTDA) Annual Financial Audit to izing expenditures by the Senate Committee tions RBC Amendment Act of 2002’’ received Congress; to the Committee on Govern- on Indian Affairs. on February 14, 2003; to the Committee on mental Affairs. f Governmental Affairs. EC–1232. A communication from the Sec- EC–1220. A communication from the Chair- retary of Labor, transmitting, pursuant to EXECUTIVE REPORT OF man of the Council, Council of the District of law, the 2002 Annual Report on Performance COMMITTEE Columbia, transmitting, pursuant to law, the and Accountability; to the Committee on The following executive report of report on D.C. Act 14–572 ‘‘Uniform Inter- Governmental Affairs. state Enforcement of Domestic Violence EC–1233. A communication from the Direc- committee was reported on February Protection Orders Act of 2002’’ received on tor, Office of Personnel Management, Work- 20, 2003, during the recess of the Sen- February 14, 2003; to the Committee on Gov- force Compensation and Performance Serv- ate, pursuant to a unanimous consent ernmental Affairs. ice, Office of Personnel Management, trans- agreement of February 13, 2003:

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2700 CONGRESSIONAL RECORD — SENATE February 25, 2003 By Mr. LUGAR, from the Committee on (G) any actions that have been taken or the lowest possible levels consistent with na- Foreign Relations: Treaty Doc. 107–8—The have been proposed by a party to address tional security requirements and alliance ob- Moscow Treaty (Exec. Rept. No. 108–1) concerns listed pursuant to subparagraph (F) ligations of the United States, the Senate TEXT OF COMMITTEE RECOMMENDED or to improve the implementation and effec- urges the President to consult with the Sen- RESOLUTION OF RATIFICATION tiveness of the Treaty. ate prior to taking actions relevant to para- SEC. 3. DECLARATIONS.—The advice and graphs 2 or 3 of Article IV of the Treaty. Resolved, (two thirds of the Senators present consent of the Senate to the ratification of concurring therein), f the Moscow Treaty is subject to the fol- SECTION 1. SENATE ADVICE AND CONSENT lowing declarations, which express the in- EXECUTIVE REPORTS OF SUBJECT TO CONDITIONS AND DECLARATIONS.— tent of the Senate: The Senate advises and consents to the rati- COMMITTEES (1) TREATY INTERPRETATION.—The Senate fication of the Treaty Between the United reaffirms condition (8) of the resolution of The following executive reports of States of America and the Russian Federa- ratification of the Document Agreed Among committees were submitted: tion on Strategic Offensive Reductions (T. the States Parties to the Treaty on Conven- By Mr. WARNER for the Committee on Doc. 107–8, in this resolution referred to as tional Armed Forces in Europe (CFE) of No- Armed Services. the ‘‘Moscow Treaty’’ or ‘‘Treaty’’), subject vember 19, 1990 (adopted at Vienna on May Army nomination of Col. Steven J. to the conditions in section 2 and declara- 31, 1996), approved by the Senate on May 14, Hashem. tions in section 3. 1997, relating to condition (1) of the resolu- SEC. 2. CONDITIONS.—The advice and con- Mr. WARNER. Mr. President, for the tion of ratification of the Intermediate- sent of the Senate to the ratification of the Committee on Armed Services I report Range Nuclear Forces (INF) Treaty, ap- Moscow Treaty is subject to the following favorably the following nomination proved by the Senate on May 27, 1988. conditions, which shall be binding on the (2) FURTHER STRATEGIC ARMS REDUCTIONS.— lists which were printed in the President: The Senate encourages the President to con- RECORDS on the dates indicated, and EPORT ON THE ROLE OF COOPERATIVE (1) R tinue strategic offensive reductions to the ask unanimous consent, to save the ex- THREAT REDUCTION AND NONPROLIFERATION lowest possible levels consistent with na- pense of reprinting on the Executive ASSISTANCE.—Recognizing that implementa- tional security requirements and alliance ob- tion of the Moscow Treaty is the sole respon- Calendar that these nominations lie at ligations of the United States. sibility of each party, not later than 60 days the Secretary’s desk for the informa- (3) BILATERAL IMPLEMENTATION ISSUES.— after the exchange of instruments of ratification of Senators. The Senate expects the executive branch of The PRESIDING OFFICER. Without tion of the Treaty, and annually thereafter the Government to offer regular briefings, on February 15, the President shall submit to including consultations before meetings of objection, it is so ordered. the Committee on Foreign Relations and the the Bilateral Implementation Commission, Air Force nomination of Richard M. * Nor- Committee on Armed Services of the Senate to the Committee on Foreign Relations and ris. a report and recommendations on how the Committee on Armed Services of the Air Force nomination of Joseph P. United States Cooperative Threat Reduction Senate on any implementation issues related Dibeneditto. assistance to the Russian Federation can to the Moscow Treaty. Such briefings shall Air Force nomination of John C. best contribute to enabling the Russian Fed- include a description of all efforts by the Landreneau. eration to implement the Treaty efficiently United States in bilateral forums and Navy nomination of Waymon J. Jackson. and maintain the security and accurate ac- through diplomatic channels with the Rus- Air Force nomination of Charles N. David- counting of its nuclear weapons and weap- sian Federation to resolve any such issues son. ons-usable components and material in the and shall include a description of— Air Force nomination of Thomas R. current year. The report shall be submitted (A) the issues raised at the Bilateral Imple- Unrath. in both unclassified and, as necessary, classi- mentation Commission, within 30 days after Army nominations beginning Thomas W. fied form. such meetings; Shea and ending Thomas W. Yarborough, (2) ANNUAL IMPLEMENTATION REPORT.—Not (B) any issues related to implementation which nominations were received by the Sen- later than 60 days after exchange of instru- of this Treaty that the United States is pur- ate and appeared in the Congressional ments of ratification of the Treaty, and an- suing in other channels, including the Con- Record on February 11, 2003. nually thereafter on April 15, the President sultative Group for Strategic Security estab- Army nominations beginning Robert J. shall submit to the Committee on Foreign lished pursuant to the Joint Declaration of Kincaid and ending Rodney L. Thomas, Relations and the Committee on Armed May 24, 2002, by the Presidents of the United which nominations were received by the Sen- Services of the Senate a report on implemen- States and the Russian Federation; and ate and appeared in the Congressional tation of the Treaty by the United States (C) any Presidential determination with Record on February 11, 2003. and the Russian Federation. This report respect to issues described in subparagraphs Army nomination of Bradley J. Jorgensen. shall be submitted in both unclassified and, (A) and (B). Army nominations beginning Theresa S. as necessary, classified form and shall in- (4) NONSTRATEGIC NUCLEAR WEAPONS.—Rec- Gonzales and ending Anthony S. Thomas, clude— ognizing the difficulty the United States has which nominations were received by the Sen- (A) a listing of strategic nuclear weapons faced in ascertaining with confidence the ate and appeared in the Congressional force levels of the United States, and a best number of nonstrategic nuclear weapons Record on February 11, 2003. estimate of the strategic nuclear weapons maintained by the Russian Federation and Army nominations beginning Ronald E. force levels of the Russian Federation, as of the security of those weapons, the Senate Ellyson and ending Sheldon Watson, which December 31 of the preceding calendar year; urges the President to engage the Russian nominations were received by the Senate and (B) a detailed description, to the extent Federation with the objectives of— appeared in the Congressional Record on possible, of strategic offensive reductions (A) establishing cooperative measures to February 11, 2003. planned by each party for the current cal- give each party to the Treaty improved con- Army nominations beginning David J endar year; fidence regarding the accurate accounting Cohen and ending Michael J Zapor, which (C) to the extent possible, the plans of each and security of nonstrategic nuclear weapons nominations were received by the Senate and party for achieving by December 31, 2012, the maintained by the other party; and appeared in the Congressional Record on strategic offensive reductions required by (B) providing United States or other inter- February 11, 2003. Article I of the Treaty; national assistance to help the Russian Fed- Army nominations beginning Brad A * (D) measures, including any verification or eration ensure the accurate accounting and Blankenship and ending Eugene K * Webster, transparency measures, that have been security of its nonstrategic nuclear weapons. which nominations were received by the Sen- taken or have been proposed by a party to (5) ACHIEVING REDUCTIONS.—Recognizing ate and appeared in the Congressional assure each party of the other party’s con- the transformed relationship between the Record on February 11, 2003. tinued intent and ability to achieve by De- United States and the Russian Federation Army nominations beginning Sheila R * cember 31, 2012, the strategic offensive reduc- and the significantly decreased threat posed Adams and ending Ammon * Wynn III, which tions required by Article I of the Treaty; to the United States by the Russian Federa- nominations were received by the Senate and (E) information relevant to implementation’s strategic nuclear arsenal, the Senate appeared in the Congressional Record on tion of this Treaty that has been learned as encourages the President to accelerate February 11, 2003. a result of Strategic Arms Reduction Treaty United States strategic force reductions, to Army nominations beginning Mary C * (START) verification measures, and the sta- the extent feasible and consistent with Adamschallenger and ending David A * tus of consideration of extending the START United States national security require- Wright, which nominations were received by verification regime beyond December 2009; ments and alliance obligations, in order that the Senate and appeared in the Congres- (F) any information, insufficiency of infor- the reductions required by Article I of the sional Record on February 11, 2003. mation, or other situation that may call into Treaty may be achieved prior to December Army nominations beginning Tedd S * question the intent or the ability of either 31, 2012. Adair II and ending Rebecca A * Yurek, party to achieve by December 31, 2012, the (6) CONSULTATIONS.—Given the Senate’s which nominations were received by the Sen- strategic offensive reductions required by continuing interest in this Treaty and in ate and appeared in the Congressional Article I of the Treaty; and continuing strategic offensive reductions to Record on February 11, 2003.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2701 Army nominations beginning David W Gar- S. 436. A bill to amend the Foreign Intel- By Mr. CAMPBELL: cia and ending Terry E Raines, which nomi- ligence Surveillance Act of 1978 to improve S. Res. 64. An original resolution author- nations were received by the Senate and ap- the administration and oversight of foreign izing expenditures by the Senate Committee peared in the Congressional Record on Feb- intelligence surveillance, and for other pur- on Indian Affairs; from the Committee on In- ruary 11, 2003. poses; to the Committee on the Judiciary. dian Affairs; to the Committee on Rules and Army nominations beginning Donovan G By Mr. KYL (for himself and Mr. Administration. Green and ending Daniel M Williams, which MCCAIN): By Mr. HATCH (for himself and Mr. nominations were received by the Senate and S. 437. A bill to provide for adjustments to LEAHY): appeared in the Congressional Record on the Central Arizona Project in Arizona, to S. Res. 65. A resolution authorizing ex- February 11, 2003. authorize the Gila River Indian Community penditures by the Committee on the Judici- Marine Corps nomination of Karl G. water rights settlement, to reauthorize and ary; to the Committee on Rules and Admin- Hartenstine. amend the Southern Arizona Water Rights istration. Marine Corps nomination of Leland W. Settlement Act of 1982, and for other pur- By Ms. COLLINS (for herself and Mr. Suttee. poses; to the Committee on Energy and Nat- FEINGOLD): Marine Corps nomination of Carlos D. ural Resources. S. Con. Res. 8. A concurrent resolution des- Sanabria. By Mr. SCHUMER (for himself and ignating the second week in May each year Marine Corps nomination of John W. Mrs. CLINTON): as ‘‘National Visiting Nurse Association Bradway, Jr. S. 438. A bill to withdraw Federal land in Week’’; to the Committee on the Judiciary. Marine Corps nomination of Kathleen A. Finger Lakes National Forest, New York, By Mr. VOINOVICH (for himself and Hoard. from entry, appropriation, disposal, or dis- Mr. DEWINE): Marine Corps nomination of Jeffrey A. position under certain Federal laws; to the S. Con. Res. 9. A concurrent resolution rec- Fultz. Committee on Agriculture, Nutrition, and ognizing and congratulating the State of Marine Corps nomination of Eric R. Forestry. Ohio and its residents on the occasion of the McBee. By Mr. BUNNING: bicentennial of its founding; to the Com- Marine Corps nominations beginning S. 439. A bill to amend the Social Security mittee on the Judiciary. Christopher J. Ambs and ending Douglas E. Act and the Internal Revenue Code of 1986 to f Weddle, which nominations were received by provide additional safeguards for Social Se- the Senate and appeared in the Congres- curity and Supplemental Security Income ADDITIONAL COSPONSORS sional Record on February 11, 2003. beneficiaries with representative payees, to S. 3 Marine Corps nominations beginning Rob- enhance program protections, and for other ert E. Cote and ending Frank L. White, purposes; to the Committee on Finance. At the request of Mr. SANTORUM, the which nominations were received by the Sen- By Mrs. BOXER: name of the Senator from Georgia (Mr. ate and appeared in the Congressional S. 440. A bill to designate a United States MILLER) was added as a cosponsor of S. Record on February 11, 2003. courthouse to be constructed in Fresno, Cali- 3, a bill to prohibit the procedure com- Marine Corps nominations beginning fornia, as the ‘Robert E. Coyle United States monly known as partial-birth abortion. Charles W. Anderson and ending Jerry B. Courthouse’; to the Committee on Environ- S. 50 Schmidt, which nominations were received ment and Public Works. At the request of Mr. JOHNSON, the by the Senate and appeared in the Congres- By Mrs. BOXER: sional Record on February 11, 2003. S. 441. A bill to direct the Administrator of name of the Senator from West Vir- Marine Corps nominations beginning Doug- General Services to convey to Fresno Coun- ginia (Mr. ROCKEFELLER) was added as las M. Finn and ending Ronald P. Heflin, ty, California, the existing Federal court- a cosponsor of S. 50 , a bill to amend which nominations were received by the Sen- houses in that county; to the Committee on title 38, United States Code, to provide ate and appeared in the Congressional Environment and Public Works. for a guaranteed adequate level of Record on February 11, 2003. By Ms. LANDRIEU: S. 442. A bill to provide pay protection for funding for veterans health care, and Marine Corps nominations beginning Cal- for other purposes. vin L. Hynes and ending Charles S. Morrow, members of the Reserve and the National Jr., which nominations were received by the Guard, and for other purposes; to the Com- S. 54 Senate and appeared in the Congressional mittee on Finance. At the request of Mr. SCHUMER, the Record on February 11, 2003. By Mr. CORZINE (for himself and Mr. name of the Senator from New Mexico LAUTENBERG): (Mr. BINGAMAN) was added as a cospon- (Nominations without an asterisk S. 443. A bill to authorize the Secretary of were reported with the recommenda- the Interior to establish a program to inven- sor of S. 54, a bill to amend the Federal tion that they be confirmed.) tory, evaluate, document, and assist efforts Food, Drug, and Cosmetic Act to provide greater access to affordable phar- f to preserve surviving United States Life- Saving Service stations; to the Committee maceuticals. INTRODUCTION OF BILLS AND on Energy and Natural Resources. S. 59 JOINT RESOLUTIONS By Mrs. BOXER (for herself and Mrs. At the request of Mr. INOUYE, the FEINSTEIN): name of the Senator from Maine (Ms. The following bills and joint resolu- S. 444. A bill to authorize the Secretary of tions were introduced, read the first the Army to carry out a project for flood COLLINS) was added as a cosponsor of S. and second times by unanimous con- damage reduction and ecosystem restoration 59, a bill to amend title 10, United sent, and referred as indicated: for the American River, Sacramento, Cali- States Code, to permit former members By Mr. CRAIG: fornia, and for other purposes; to the Com- of the Armed Forces who have a serv- S. 433. A bill to provide for enhanced col- mittee on Environment and Public Works. ice-connected disability rated as total laborative forest stewardship management By Ms. LANDRIEU: to travel on military aircraft in the S. 445. A bill to amend title 10, United within the Clearwater and Nez Perce Na- same manner and to the same extent as tional Forests in Idaho, and for other pur- States Code, to revise the age and service requirements for eligibility to receive retired retired members of the Armed Forces poses; to the Committee on Energy and Nat- are entitled to travel on such aircraft. ural Resources. pay for non-regular service; to the Com- mittee on Armed Services. By Mr. CRAIG (for himself and Mr. S. 85 By Mr. BOND: CRAPO): At the request of Mr. LUGAR, the S. 446. A bill to suspend the duty on S. 434. A bill to authorize the Secretary of names of the Senator from Iowa (Mr. triethyleneglycol bis(2-ethyl hexanoate); to Agriculture to sell or exchange all or part of the Committee on Finance. HARKIN) and the Senator from Lou- certain parcels of National Forest System By Ms. LANDRIEU: isiana (Ms. LANDRIEU) were added as land in the State of Idaho and use the pro- S. 447. A bill to amend the Higher Edu- cosponsors of S. 85, a bill to amend the ceeds derived from the sale or exchange for cation Act of 1965 to require institutions of Internal Revenue Code of 1986 to pro- National Forest System purposes; to the higher education to preserve the educational Committee on Energy and Natural Re- vide for a charitable deduction for con- status and financial resources of military tributions of food inventory. sources. personnel called to active duty; to the Com- S. 87 By Mr. CRAIG (for himself and Mr. mittee on Health, Education, Labor, and CRAPO): Pensions. At the request of Mrs. CLINTON, the S. 435. A bill to provide for the conveyance name of the Senator from Massachu- f by the Secretary of Agriculture of the setts (Mr. KERRY) was added as a co- Sandpoint Federal Building and adjacent SUBMISSION OF CONCURRENT AND sponsor of S. 87, a bill to provide for land in Sandpoint, Idaho, and for other pur- SENATE RESOLUTIONS poses; to the Committee on Energy and Nat- homeland security block grants. ural Resources. The following concurrent resolutions S. 104 By Mr. LEAHY (for himself, Mr. and Senate resolutions were read, and At the request of Mr. HOLLINGS, the GRASSLEY, and Mr. SPECTER): referred (or acted upon), as indicated: name of the Senator from Wisconsin

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2702 CONGRESSIONAL RECORD — SENATE February 25, 2003 (Mr. KOHL) was added as a cosponsor of originally issued to finance govern- of S. 369, a bill to amend the Endan- S. 104, a bill to establish a national rail mental facilities used for essential gov- gered Species Act of 1973 to improve passenger transportation system, reau- ernmental functions. the processes for listing, recovery plan- thorize Amtrak, improve security and S. 272 ning, and delisting, and for other pur- service on Amtrak, and for other pur- At the request of Mr. SANTORUM, the poses. poses. name of the Senator from Kansas (Mr. S. 374 S. 140 BROWNBACK) was added as a cosponsor At the request of Mr. BAUCUS, the At the request of Mrs. FEINSTEIN, the of S. 272, a bill to provide incentives for name of the Senator from Pennsyl- name of the Senator from New Jersey charitable contributions by individuals vania (Mr. SANTORUM) was added as a (Mr. LAUTENBERG) was added as a co- and businesses, to improve the public cosponsor of S. 374, a bill to amend the sponsor of S. 140, a bill to amend the disclosure of activities of exempt orga- Internal Revenue Code of 1986 to repeal Higher Education Act of 1965 to extend nizations, and to enhance the ability of the occupational taxes relating to dis- loan forgiveness for certain loans to low income Americans to gain finan- tilled spirits, wine, and beer. Head Start teachers. cial security by building assets, and for S. 392 S. 152 other purposes. At the request of Mr. REID, the At the request of Mr. BIDEN, the S. 318 names of the Senator from Missouri name of the Senator from Idaho (Mr. At the request of Mr. KERRY, the (Mr. BOND) and the Senator from Penn- CRAPO) was added as a cosponsor of S. name of the Senator from Utah (Mr. sylvania (Mr. SPECTER) were added as 152, a bill to assess the extent of the BENNETT) was added as a cosponsor of cosponsors of S. 392, a bill to amend backlog in DNA analysis of rape kit S. 318, a bill to provide emergency as- title 10, United States Code, to permit samples, and to improve investigation sistance to nonfarm-related small busi- retired members of the Armed Forces and prosecution of sexual assault cases ness concerns that have suffered sub- who have a service-connected dis- with DNA evidence. stantial economic harm from drought. ability to receive both military retired pay by reason of their years of military S. 168 S. 330 service and disability compensation At the request of Mrs. FEINSTEIN, the At the request of Mr. CAMPBELL, the from the Department of Veterans Af- name of the Senator from Illinois (Mr. name of the Senator from Minnesota fairs for their disability. DURBIN) was added as a cosponsor of S. (Mr. COLEMAN) was added as a cospon- 168, a bill to require the Secretary of sor of S. 330, a bill to further the pro- S. 403 the Treasury to mint coins in com- tection and recognition of veterans’ At the request of Mr. BAUCUS, the memoration of the San Francisco Old memorials, and for other purposes. name of the Senator from New Mexico (Mr. BINGAMAN) was added as a cospon- Mint. S. 346 sor of S. 403, a bill to lift the trade em- S. 244 At the request of Mr. LEVIN, the bargo on Cuba, and for other purposes. At the request of Mr. ALLEN, the name of the Senator from Montana S. 426 name of the Senator from Idaho (Mr. (Mr. BURNS) was added as a cosponsor At the request of Mr. JOHNSON, his CRAIG) was added as a cosponsor of S. of S. 346, a bill to amend the Office of name was added as a cosponsor of S. 244, a bill to require the Secretary of Federal Procurement Policy Act to es- 426, a bill to direct the Secretary of the the Treasury to redesign $1 Federal Re- tablish a governmentwide policy re- Interior to convey certain parcels of serve notes so as to incorporate the quiring competition in certain execu- land acquired for the Blunt Reservoir preamble to the Constitution of the tive agency procurements. and Pierre Canal features of the initial United States, a list describing the Ar- S. 360 stage of the Oahe Unit, James Division, ticles of the Constitution, and a list de- At the request of Mrs. LINCOLN, the South Dakota, to the Commission of scribing the Amendments to the Con- name of the Senator from North Da- Schools and Public Lands and the De- stitution, on the reverse of such notes. kota (Mr. DORGAN) was added as a co- partment of Game, Fish, and Parks of S. 245 sponsor of S. 360, a bill to amend the the State of South Dakota for the pur- At the request of Mr. BROWNBACK, the Internal Revenue Code of 1986 to treat pose of mitigating lost wildlife habitat, name of the Senator from Missouri natural gas distribution lines as 10- on the condition that the current pref- (Mr. TALENT) was added as a cosponsor year property for depreciation pur- erential leaseholders shall have an op- of S. 245, a bill to amend the Public poses. tion to purchase the parcels from the Health Service Act to prohibit human S. 361 Commission, and for other purposes. cloning. At the request of Mrs. LINCOLN, the S. CON. RES. 7 S. 257 name of the Senator from Indiana (Mr. At the request of Mr. CAMPBELL, the At the request of Mr. NELSON of Flor- BAYH) was added as a cosponsor of S. name of the Senator from New York ida, the names of the Senator from Or- 361, a bill to amend the Internal Rev- (Mr. SCHUMER) was added as a cospon- egon (Mr. SMITH) and the Senator from enue Code of 1986 to allow for an energy sor of S. Con. Res. 7, a concurrent reso- New Hampshire (Mr. GREGG) were efficient appliance credit. lution expressing the sense of Congress added as cosponsors of S. 257, a bill to S. 363 that the sharp escalation of anti-Se- amend title 38, United States Code, to At the request of Ms. MIKULSKI, the mitic violence within many partici- clarify the applicability of the prohibi- names of the Senator from Iowa (Mr. pating States of the Organization for tion on assignment of veterans benefits HARKIN) and the Senator from Hawaii Security and Cooperation in Europe to agreements regarding future receipt (Mr. AKAKA) were added as cosponsors (OSCE) is of profound concern and ef- of compensation, pension, or depend- of S. 363, a bill to amend title II of the forts should be undertaken to prevent ency and indemnity compensation, and Social Security Act to provide that the future occurrences. for there purposes. reductions in social security benefits S. RES. 46 S. 271 which are required in the case of At the request of Mr. BINGAMAN, the At the request of Mr. SMITH, the spouses and surviving spouses who are names of the Senator from Indiana names of the Senator from Utah (Mr. also receiving certain Government pen- (Mr. BAYH), the Senator from Lou- HATCH), the Senator from Minnesota sions shall be equal to the amount by isiana (Mr. BREAUX), the Senator from (Mr. DAYTON), the Senator from Cali- which two-thirds of the total amount Colorado (Mr. CAMPBELL), the Senator fornia (Mrs. FEINSTEIN), the Senator of the combined monthly benefit (be- from Idaho (Mr. CRAPO), the Senator from South Carolina (Mr. GRAHAM), the fore reduction) and monthly pension from Illinois (Mr. DURBIN), the Senator Senator from Florida (Mr. GRAHAM) exceeds $1,200, adjusted for inflation. from Massachusetts (Mr. KERRY), and and the Senator from South Dakota S. 369 the Senator from Michigan (Mr. LEVIN) (Mr. DASCHLE) were added as cospon- At the request of Mr. THOMAS, the were added as cosponsors of S. Res. 46, sors of S. 271, a bill to amend the Inter- names of the Senator from Idaho (Mr. a resolution designating March 31, 2003, nal Revenue Code of 1986 to allow an CRAIG) and the Senator from Nebraska as ‘‘National Civilian Conservation additional advance refunding of bonds (Mr. HAGEL) were added as cosponsors Corps Day’’.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2703 S. RES. 52 culture of the Sandpoint Federal Build- today by myself, Senator SPECTER, and At the request of Mr. CAMPBELL, the ing and adjacent land in Sandpoint, Senator GRASSLEY entitled ‘‘FBI Over- name of the Senator from Idaho (Mr. Idaho, and for other purposes; to the sight in the 107th Congress by the Sen- CRAPO) was added as a cosponsor of S. Committee on Energy and Natural Re- ate Judiciary Committee: FISA Imple- Res. 52, a resolution recognizing the so- sources. mentation Failures,’’ ‘‘FIF Report’’. cial problem of child abuse and neglect, Mr. CRAIG. Mr. President, I rise The report summarizes our joint con- and supporting efforts to enhance pub- today to introduce the, ‘‘Sandpoint clusions based upon our bipartisan lic awareness of the problem. Land and Facilities Act of 2003’’. This oversight of the FBI and DOJ’s per- S. RES. 62 bill is a unique opportunity to meet formance in using the Foreign Intel- At the request of Mr. ENSIGN, the the facility needs of the Forest Service ligence Surveillance Act, ‘‘FISA’’, an name of the Senator from New Jersey in Sandpoint, ID and to provide facili- important tool in conducting domestic (Mr. CORZINE) was added as a cosponsor ties for the local county government. surveillance. The report distills our of S. Res. 62, a resolution calling upon This bill will transfer ownership of the mutual findings and conclusions from the Organization of American States local General Service Administration numerous bipartisan hearings, classi- (OAS) Inter-American Commission on building currently housing the Forest fied briefings and other oversight ac- Human Rights, the United Nations Service to that agency. The bill also tivities. It concludes that the FBI con- High Commissioner for Human Rights, provides authority for the Forest Serv- tinues to be in need of serious reform. the European Union, and human rights ice to work with Bonner County, ID to The report also sets forth our bipar- activists throughout the world to take exchange the existing building to Bon- tisan disappointment with the DOJ and certain actions in regard to the human ner County in exchange for a new and FBI’s non-responsiveness to our over- rights situation in Cuba. more functional building to the Forest sight efforts and the resulting neces- f Service. This transfer of ownership will sity for better oversight tools, such as not only provide the opportunity for the bill we introduce today. STATEMENTS ON INTRODUCED Our committee worked with the FBI BILLS AND JOINT RESOLUTIONS the local Forest Service office to obtain a facility that best meets their and the Justice Department to achieve By Mr. CRAIG (for himself and needs but also will meet the facility initial reforms both through adminis- Mr. CRAPO): needs of Bonner County. trative steps and also through legisla- S. 434. A bill to authorize the Sec- The transfer of this facility will tion. Most notably, last fall we enacted retary of agriculture to sell or ex- allow the Forest Service to improve a new Department of Justice charter change all or part of certain parcels of service to the public, improve public that included some provisions of the National Forest System land in the and employee safety, make the Idaho FBI Reform Act. We need to enact the State of Idaho and use the proceeds de- Panhandle National Forest more finan- rest of that bipartisan bill. rived from the sale or exchange for Na- cially competitive, and allow increased Taken together, this bill and report tional Forest System purposes; to the represent a bipartisan statement about spending on resource programs that Committee on Energy and Natural Re- the importance of oversight and, where contribute to healthier ecosystems. In sources. possible, sunshine on the government’s turn, Bonner County will benefit by Mr. CRAIG. Mr. President, I rise domestic surveillance efforts. Only by providing to them a building that con- today to introduce the Idaho Pan- fulfilling our constitutional responsi- solidates county offices so that better handle National Forest Improvement bility to conduct such oversight, can services can be provided to the local Act of 2003. This bill is an opportunity we in Congress help to protect both the public, including ADA compliant ac- to provide lands for local benefits and security and the liberty of the Amer- cess to the county courtrooms. to meet the facility needs of the Forest ican people. Service in the Silver Valley of Idaho. Additionally, the GSA will dispose of In times of national stress there is an This bill will offer for sale or exchange a building that is only partially occu- understandable impulse for the govern- administrative parcels of land in the pied and is remotely located from other ment to ask for more power. Some- Idaho Panhandle National Forest that GSA facilities. times more power is needed, but many the Forest Service has identified as no This is a win-win situation for the times it is not. After the September 11 longer in the interest of public owner- Forest Service, Bonner County, GSA, attacks, we worked together in a bipar- ship and that disposing of them will and the taxpayers and an outstanding tisan fashion and with unprecedented serve the public better. The proceeds example of the Federal Government at speed to craft and enact the USA PA- from these sales will be used to im- the local level working with the county TRIOT Act which enhanced the govern- prove or replace the Forest Service’s government to create common sense ment’s powers. Ranger Station in Idaho’s Silver Val- solutions that result in more efficient Now, as word continues to circulate ley. operations and better service to the about a possible sequel to the USA PA- The Forest Service administrative public. TRIOT Act that the Department of parcels identified for disposal include Justice is considering in secret and the land permitted by the Granite/ By Mr. LEAHY (for himself, Mr. that supposedly would give government Reeder Sewer District on Priest Lake, GRASSLEY, and Mr. SPECTER): even more power, it is constructive for S. 436. A bill to amend the Foreign Shoshone Camp in Shoshone County, us to first examine and understand how Intelligence Surveillance Act of 1978 to and the North-South Ski Bowl, south Federal agencies are using the power improve the administration and over- of St. Maries. they already have. We must answer The bill also directs the Forest Serv- sight of foreign intelligence surveil- two questions. ice to improve or construct a new rang- lance, and for other purposes; to the First, is that power being used effec- er station in the Silver Valley. The Committee on the Judiciary. tively, so that our citizens not only current ranger station is in dire need of Mr. LEAHY. Mr. President, I rise feel safer, but are in fact safer? repair or replacement, and this will en- today, joined by my good friends, Sen- Second, is that power being used ap- sure my commitment to a continued ators GRASSLEY and SPECTER, to intro- propriately, so that our liberties are and increased presence of the Forest duce the Domestic Surveillance Over- not sacrificed? Service in the Silver Valley. sight Act of 2003. This bill does not In short, before we can craft and This is a win-win situation for the change or diminish any power available enact new laws, we must first make taxpayers, the Forest Service, the resi- to the government in the pursuit of sure that the Department of Justice dents of the Silver Valley, and the per- homeland security, but it does create and FBI are properly using the laws mittees on the parcels of land to be dis- important mechanisms to allow the that are already on the books. That is posed of. Congress and the public to assess how the purpose of enhanced Congressional effectively and appropriately the gov- oversight. By Mr. CRAIG (for himself and ernment is using its domestic surveil- Domestic Surveillance Oversight Mr. CRAPO): lance powers. Act: S. 435. A bill to provide for the con- I also rise to speak about an impor- Today, with the Senior Senator from veyance by the Secretary of Agri- tant bipartisan report being released Iowa and the Senior Senator from

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2704 CONGRESSIONAL RECORD — SENATE February 25, 2003 Pennsylvania, I am introducing the bi- letters are functionally equivalent to comparable to the reports prepared by the partisan Domestic Surveillance Over- an administrative subpoena and re- Administrative Office of the United States sight Act of 2003. This bill provides quire no court approval. We have heard Courts, pursuant to 18 U.S.C. sec. 2519, re- basic information to Congress and the from members of the library commu- garding the use of Federal wiretap authority. American people about the FBI’s use of nity that the FBI may be returning to [From the Washington Post, Feb. 12, 2003] FISA to conduct surveillance on Amer- a discredited practice from the Hoover PATRIOT ACT: THE SEQUEL icans. Such domestic surveillance is days of monitoring public and college The Justice Department’s draft of a second certainly appropriate in some cases, libraries to ascertain what books peo- round of law enforcement and domestic secu- and the bill does not intrude in any ple are reading. In fact, a media report rity authorities—a kind of sequel to the USA way upon law enforcement or diminish from Vermont, which I ask consent to Patriot Act of 2001—offers an unintended its ability to conduct FISA surveil- place in the RECORD, indicates that glimpse of additional powers that the Bush lance when necessary and appropriate. bookstore owners there are scared to administration if coveting. The draft, la- Nor does it require the Department of keep records for just this reason. beled ‘‘CONFIDENTIAL—NOT FOR DIS- Justice to publicly release any sen- Again, this provision would not in any TRIBUTION’’ and dated Jan. 9, was obtained sitive or classified information. Rath- last week by the Center for Public Integrity, way limit the use of National Security Washington-based nonprofit. Department of- er, it seeks reporting only on the ag- Letters, but would merely require an ficials quickly stressed that it is not a final gregate number of FISA wiretaps and annual report of such activities to Con- version. But the document’s proposals may other surveillance measures directed gress, so that we can ascertain whether become the next battlefield in the struggle specifically against Americans each or not these administrative subpoenas to preserve American liberties while ena- year. In this way, the public and Con- are being used for improper purposes. bling the domestic war on terrorism. The gress can assess over time whether the This section would also ensure that re- proposals range from constructive to dan- government has turned more of its ports on the use of such letters are pro- gerous. powerful surveillance techniques on its A government DNA database for terrorists vided to all appropriate oversight com- and suspected terrorists could be useful, own citizens, as opposed to non-U.S. mittees. though it would need refinement to protect persons. If necessary, we can ask it to This enhanced reporting is exactly suspects who are proved innocent. Another explain its actions. what was called for by the American useful proposal would allow the special ap- The amendment also clarifies that Bar Association in a resolution adopted peals court that reviews government surveil- the Foreign Intelligence Surveillance on February 10, and echoed in a Wash- lance requests in national security cases to Court, FISC, and FISA Court of Review ington Post editorial on February 12, appoint lawyers to argue against the govern- have the authority to adopt rules and 2003. As the Post editorialized, the De- ment. Under current law, it hears only from procedures, and it requires that those partment of Justice ‘‘needs to disclose one side. The draft would create a federal rules be shared with the Intelligence crime for terrorist hoaxes, which now must how it is using the [powers] it already be prosecuted under provisions designed for and Judiciary Committees of the Sen- has. Yet the Justice Department has other purposes. ate and House of Representatives as balked at reasonable oversight and But the draft contains many troubling pro- well as the Supreme Court. In the last public information requests . . . Con- visions. It would further expand intelligence year, and only after requests from Sen- gress should insist on a full under- surveillance powers into the traditional ators GRASSLEY, SPECTER and myself, standing of what the [D]epartment is realm of law enforcement. Like a Senate bill the FISC shared its rules with Congress doing.’’ I ask unanimous consent to soon to be taken up by the Judiciary Com- for the first time. One of those rules mittee, it would allow foreigners suspected print a copy both of the ABA resolu- of terrorism to be watched as intelligence and one which was eventually rejected tion as well as the Washington Post targets—rather than subjects of law enforce- by the FISA Review Court embodied a editorial in the RECORD. ment—even if they could not be linked to controversial legal interpretation of a There being no objection, the mate- any foreign group or state. But it would go provision we crafted in the USA PA- rial was ordered to be printed in the further. It would allow intelligence surveil- TRIOT Act. The Congress ought to RECORD, as follows: lance in certain circumstances even when have been immediately informed of Adopted February 10, 2003: the government could not produce any evi- that court rule either by the FISC or Section of Individual Rights and Respon- dence of a crime. It also would allow certain the DOJ, but it was not. It is entirely sibilities (lead sponsor); Section of Litiga- snooping with no court authorization, not tion; Section of Criminal Justice, Section of only—as now—when Congress declared war appropriate that a court be enabled to but when it authorized force or when the promulgate its own rules. It is entirely Administrative Law and Regulatory Prac- tice; Section of International Law and Prac- country was attacked. The result of such inappropriate that those rules be kept tice; Section of Science and Technology changes would be to magnify the govern- secret from Congress. Law; Young Lawyers Division. ment’s discretion to pick the legal regime Consistent with national security, Resolved, That the American Bar Associa- under which it investigates and prosecutes the bill directs the Attorney General to tion urges the Congress to conduct regular national security cases and to give it more include in an annual public report the and timely oversight, including public hear- power unilaterally to exempt people from portions of applications to and opin- ings (except when Congress determines that the protections of the justice system and ions of the FISC and FISA Court of Re- the requirements of national security make place them in a kind of alternative legal open proceedings inappropriate), to ensure world. Congress should be pushing in the op- view that contain significant legal in- posite direction. terpretations of FISA or the Constitu- that government investigations undertaken pursuant to the Foreign Intelligence Surveil- Before the department asks Congress for tion. These disclosures will not include lance Act, 50 U.S.C. 1801 et seq. (‘‘FISA’’ or more powers, it needs to disclose how it is the facts of any particular case, which ‘‘the Act’’) do not violate the First, Fourth, using the ones it already has. Yet the Justice this provision requires to be redacted and Fifth Amendments to the Constitution Department has balked at reasonable over- in order to preserve national security. and adhere to the Act’s purposes of accom- sight and public information requests. In This type of disclosure, however, will modating and advancing both the govern- fact, the draft legislation would allow the de- prevent secret case law from devel- ment’s interest in pursuing legitimate intel- partment to withhold information con- ligence activity and the individual’s interest cerning the identity of Sept. 11 detainees—a oping which interprets both FISA and matter now before the courts. At the very the Constitution in ways unknown to in being free from improper government intrusion. least, Congress should insist on a full under- the Congress and the public. Further resolved, That the American Bar standing of what the department is doing be- The first annual report required Association urges the Congress to consider fore granting the executive branch still more under this provision is also to include amendments to the Act to authority. the same type of legal information for (1) Clarify that the procedures adopted by This bill does not in any way dimin- the four years before the year of the the Attorney General to protect United ish the government’s powers, but it first report. States persons, as required by the Act, does allow Congress and the public to Finally, the bill would require a re- should ensure that FISA is used when the monitor their use. We cannot fight ter- port to appropriate committees of Con- government has a significant (i.e. not insub- rorism effectively or safely with the stantial) foreign intelligence purpose, as gress on the use of National Security contemplated by the Act, and not to cir- lights turned out and with little or no Letters to request information from cumvent the Fourth Amendment; and accountability. It is time to harness public libraries or libraries affiliated (2) Make available to the public an annual the power of the sun to enable us to with high schools or universities. Such statistical report on FISA investigations, better win this fight.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2705 FIF Report: The wisdom of this bill is Sunlight is the best solvent for the tained under such sections or any informa- also supported by our bipartisan re- sticky and ineffective machinery of tion derived therefrom may be used in a port, which Senators SPECTER, GRASS- government, and it is the best dis- criminal proceeding; ‘‘(3) the number of times that a statement LEY, and I also release today, based on infectant to discourage the abuse of a year of bipartisan effort. was completed pursuant to section 106(b), power. Our comprehensive FBI over- 305(c), or 405(b) to accompany a disclosure of Today’s FBI oversight report focuses sight has revealed that there is much information acquired under this Act for law on the use of the immense powers work to be done. enforcement purposes; and granted under FISA. We expanded the Effective oversight of the powers ‘‘(4) in a manner consistent with the pro- government’s FISA powers after Sep- given to the government for homeland tection of the national security of the United tember 11 in the USA PATRIOT Act, a security means fewer blank checks, States— law that all three of us had a hand in and more checks and balances. ‘‘(A) the portions of the documents and ap- crafting. I ask unanimous consent, that the plications filed with the courts established Unfortunately our hearings, briefings under section 103 that include significant text of the bill I am introducing, a sec- construction or interpretation of the provi- and other oversight revealed that the tional analysis, and a letter of support FBI is ill-equipped to implement FISA. sions of this Act or any provision of the be printed in the RECORD. Nor are its problems amenable to legal United States Constitution, not including There being no objection, the addi- the facts of any particular matter, which ‘‘quick fixes.’’ In fact, many of these tional materials were ordered to be may be redacted; problems are not unique to the FISA printed in the RECORD, as follows: ‘‘(B) the portions of the opinions and or- context, but echo broader and more S. 436 ders of the courts established under section systemic problems that have plagued 103 that include significant construction or the FBI for years. Be it enacted by the Senate and House of Rep- interpretation of the provisions of this Act Here are a few of the report’s basic resentatives of the United States of America in or any provision of the United States Con- conclusions: Poor training: Key FBI Congress assembled, stitution, not including the facts of any par- agents and officials were inadequately SECTION 1. SHORT TITLE. ticular matter, which may be redacted; and This Act may be cited as the ‘‘Domestic ‘‘(C) in the first report submitted under trained in important aspects of not Surveillance Oversight Act of 2003’’. only FISA, but also in fundamental as- this section, the matters specified in sub- SEC. 2. IMPROVEMENTS TO FOREIGN INTEL- pects of criminal law. Excessive secrecy: paragraphs (A) and (B) for all documents and LIGENCE SURVEILLANCE ACT OF applications filed with the courts established Secrecy regarding the most basic legal 1978. under section 103, and all otherwise unpub- and procedural aspects of the FISA (a) RULES AND PROCEDURES FOR FISA lished opinions and orders of that court, for have hurt, not helped, implementation COURTS.—Section 103 of the Foreign Intel- the 4 years before the preceding calendar of FISA. Headquarters Bureaucracy: FBI ligence Surveillance Act of 1978 (50 U.S.C. year in addition to that year.’’. headquarters often not only fails to 1803) is amended by adding at the end the fol- (2) The table of contents for that Act is support the work of many of its best lowing new subsection: amended by striking the items for title VI ‘‘(e)(1) The courts established pursuant to and inserting the following new items: street agents, but it actually some- subsections (a) and (b) may establish such times hinders them in doing their im- rules and procedures, and take such actions, ‘‘TITLE VI—PUBLIC REPORTING portant jobs. Culture of Quashing Criti- as are reasonably necessary to administer REQUIREMENT cism: The FBI has a deep rooted culture their responsibilities under this Act. ‘‘Sec. 601. Public report of the Attorney of punishing those who point out prob- ‘‘(2) The rules and procedures established General. lems. Just yesterday, in fact, a DOJ In- under paragraph (1), and any modifications ‘‘TITLE VII—EFFECTIVE DATE of such rules and procedures, shall be re- spector General’s Report was released ‘‘Sec. 701. Effective date.’’. substantiating claims of retaliation corded, and shall be transmitted to the following: SEC. 3. ADDITIONAL IMPROVEMENTS OF CON- against FBI United Chief John Roberts ‘‘(A) All of the judges on the court estab- GRESSIONAL OVERSIGHT OF SUR- for his approved appearance on 60 Min- lished pursuant to subsection (a). VEILLANCE ACTIVITIES. utes. More troubling, these allegations ‘‘(B) All of the judges on the court of re- (a) TITLE 18, UNITED STATES CODE.—Sec- involved senior officials at the FBI, in- view established pursuant to subsection (b). tion 2709(e) of title 18, United States Code, is cluding the head of the division official ‘‘(C) The Chief Justice of the United amended by adding at the end the following charged with investigating claims of States. new sentence: ‘‘The information shall in- ‘‘(D) The Committee on the Judiciary of clude a separate statement of all such re- misconduct in the FBI. This culture quests made of institutions operating as pub- has materially hurt the FBI’s intel- the Senate. ‘‘(E) The Select Committee on Intelligence lic libraries or serving as libraries of sec- ligence operations. ondary schools or institutions of higher edu- Unfortunately, as our report de- of the Senate. ‘‘(F) The Committee on the Judiciary of cation.’’. scribes in detail, we have run into the House of Representatives. (b) RIGHT TO FINANCIAL PRIVACY ACT OF many roadblocks in conducting FBI ‘‘(G) The Permanent Select Committee on 1978.—Section 1114(a)(5)(C) of the Right to Fi- oversight. Some obstacles were due to Intelligence of the House of Representa- nancial Privacy Act of 1978 (12 U.S.C. a lack of cooperation by the Depart- tives.’’. 3414(a)(5)(C)) is amended to read as follows: ‘‘(C)(i) On a semiannual basis the Attorney ment of Justice and FBI. The FIF Re- (b) REPORTING REQUIREMENTS.—(1) The port outlines many prime examples Foreign Intelligence Surveillance Act of 1978 General shall fully inform the congressional (50 U.S.C. 1801 et seq.) is further amended— intelligence committees, the Committee on supporting the necessity of the in- the Judiciary of the House of Representa- creased reporting called for in the bill (A) by redesignating title VI as title VII, and section 601 as section 701, respectively; tives, and the Committee on the Judiciary of that I introduce with Senators GRASS- and the Senate concerning all requests made pur- LEY and SPECTER today. For instance, (B) by inserting after title V the following suant to this paragraph. the FIF Report describes how the FISC new title: ‘‘(ii) In the case of the semiannual reports required to be submitted under clause (i) to issued an unclassified opinion last May ‘‘TITLE VI—PUBLIC REPORTING the congressional intelligence committees, strongly criticizing the DOJ and FBI REQUIREMENT the submittal dates for such reports shall be and containing important legal inter- ‘‘PUBLIC REPORT OF THE ATTORNEY GENERAL pretations of FISA and the USA PA- as provided in section 507 of the National Se- ‘‘SEC. 601. In addition to the reports re- curity Act of 1947. TRIOT Act amendments to it. Even quired by sections 107, 108, 306, 406, and 502, ‘‘(iii) In this subparagraph, the term ‘con- after repeated requests by myself, Sen- in April of each year, the Attorney General gressional intelligence committees’ has the ator SPECTER and Senator GRASSLEY shall issue a public report setting forth with meaning given that term in section 3 of the for a copy of this unclassified legal respect to the preceding calendar year— National Security Act of 1947 (50 U.S.C. opinion, the DOJ refused to provide us ‘‘(1) the aggregate number of United States 401a).’’. one. Eventually, the FISC, not DOJ, persons targeted for orders issued under this (c) FAIR CREDIT REPORTING ACT.—Section provided us with a copy of this unclas- Act, including those targeted for— 625(h)(1) of the Fair Credit Reporting Act (15 sified document and, again only at our ‘‘(A) electronic surveillance under section U.S.C. 1681u(h)(1)), as amended by section 105; 811(b)(8)(B) of the Intelligence Authorization request, copies of the FISA Court of ‘‘(B) physical searches under section 304; Act for Fiscal Year 2003 (Public Law 107–306), Review’s argument and opinion were ‘‘(C) pen registers under section 402; and is further amended— made public. I hope that this resistance ‘‘(D) access to records under section 501; (1) by striking ‘‘and the Committee on towards legitimate oversight will not ‘‘(2) the number of times that the Attorney Banking, Finance and Urban Affairs of the be shown in the future. General has authorized that information ob- House of Representatives’’ and inserting ‘‘,

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2706 CONGRESSIONAL RECORD — SENATE February 25, 2003

the Committee on Financial Services, and FEBRUARY 25, 2003. Records of online purchases stay in the sys- the Committee on the Judiciary of the House Hon. PATRICK J. LEAHY, tem for a year. Authorities could demand of Representatives’’; and Senate Judiciary Committee, Russell Senate those records under a provision of the USA (2) by striking ‘‘and the Committee on Building, Washington, DC. Patriot Act passed in the wake of Sept. 11 to Banking, Housing, and Urban Affairs of the Hon. CHARLES E. GRASSLEY, aid in tracking down possible terrorists. Senate’’ and inserting ‘‘, the Committee on Senate Judiciary Committee, Hart Senate Build- ‘‘I guess I’m going to need to do something Banking, Housing, and Urban Affairs, and ing, Washington, DC. about that,’’ Kettler said of the online the Committee on the Judiciary of the Sen- Hon. ARLEN SPECTER, records. She doesn’t want that information ate’’. Senate Judiciary Committee, Hart Senate Build- to go to the federal government. ‘‘It just ing, Washington, DC. seems like a violation of privacy.’’ SECTIONAL ANALYSIS OF THE DOMESTIC DEAR SENATORS LEAHY, GRASSLEY AND Efforts to prevent police from obtaining SURVEILLANCE OVERSIGHT ACT OF 2003 SPECTER: Wewrite in support of the Domestic blueprints of their customers’ reading habits are on other bookstore owners’ minds. Mi- Sec. 1. Short title. The short title of the Surveillance Oversight Act of 2003. The For- eign Intelligence Surveillance Act (FISA) chael Katzenberg, co-owner of Bear Pond bill is the ‘‘Domestic Surveillance Oversight authorizes secret wiretaps and secret Books in Montpelier, has purged lists of the Act of 2003.’’ searches of the homes and offices of Ameri- books its customers buy. Sec. 2. Additional Improvements to For- cans and other forms of data gathering for Other local bookstores cheer Katzenberg’s decision. They cite customer privacy and the eign Intelligence Surveillance Act of 1978 national security reasons. While the initial First Amendment protecting citizens’ rights (FISA). This section amends FISA to clarify enactment of FISA was an appropriate accommodation of national security interests to free speech. The government is over-step- the authority of the Intelligence Surveil- ping its bounds, and bookstore owners will and individual rights to privacy and due lance Court (FISC) and FISA Court of Re- go to lengths to protect the very law that al- process, since its initial enactment FISA has view to establish such rules and procedures lows authors to publish without censor. been expanded in ways that pose an in- ‘‘I support what he did, and I’m right there as are reasonably necessary for their oper- creased threat to individual rights. More- ation. with him,’’ said Mike DeSanto, co-owner of over, FISA surveillance authorities are now the Book Rack and Children’s Pages in In addition, the bill requires the FISC and being used more and more; indeed, it appears Winooski, who declined to disclose whether FISA Court of Review to transmit such rules that the federal government carries out he has a list of his customers’ reading pref- and procedures to the judges on the FISC more electronic surveillance under the au- erences. If he did have a list, he says, he and Court of Review, the Chief Justice of the thority of FISA than under criminal rules. would be considering getting rid of it. Given the absolute secrecy of FISA U.S., and the Judiciary and Intelligence ‘‘This is wrong what they’re doing,’’ searches and seizures, mechanisms for public Committees of the Senate and House. Pre- DeSanto said of the USA Patriot Act. accountability are crucial to protect rights Customers at Flying Pig Books in Char- viously, these rules have not been provided of privacy—as well as to insure effective and lotte participate in a readers’ club—after to Congress as a matter of course. efficient use of this extraordinary authority. buying $100 of books patrons receive $10 off This section also adds to the public report- Your bill to require public accounting of the their next purchase, co-owner Josie Leavitt ing requirements in FISA. It directs the At- number of US persons subjected to surveil- said. It is unlikely the bookstore would torney General (AG) to include in the annual lance under FISA, the number of times FISA purge that record, which has the titles of information is used for law enforcement pur- public report the aggregate number of U.S. customers’ past purchases, because of its poses, and to require disclosure of other in- persons targeted for any type of order under usefulness, Leavitt said. Customers like to formation would be an important step in pro- have a reminder of what they have bought in the act. viding for oversight and public scrutiny of the past, she said. The report will also include information these extraordinary powers. Faced with a request from law enforce- about the aggregate number of times FISA is Disclosure of such information is impor- ment, Leavitt said the bookstore would being used for criminal cases, to enhance tant to informing the American public and refuse to turn over the information. She be- will not be harmful to the national security, oversight regarding the changes enacted in longs to the American Booksellers Founda- as it will not give any greater clues as to tion for Free Expression, the group that the USA PATRIOT Act. The report will list who is being targeted, or the scope of the the number of times the AG authorized FISA helped defend a Colorado bookstore last year anti-terrorism efforts than is already known against just such an intrusion by law en- information to be used in a criminal pro- from the Justice Department’s own exten- forcement. ceeding or for law enforcement purposes. sive public descriptions of those efforts. ‘‘That’s what books are all about. Books Finally, ‘‘in a manner consistent with the We commend you on your leadership on represent freedom and if people can’t read protection of national security,’’ this section this issue and look forward to working with they’re not free,’’ Leavitt said. you and your colleagues to achieve appro- directs the report to include the portions of The Vermont Library Association agrees. priate policies for responding to terrorism The group sent a letter to Vermont’s con- applications to and opinions of the FISC and and other national security threats. gressional delegation describing the provi- FISA Court of Review that involve signifi- LAURA W. MURPHY, sions of the USA Patriot Act pertaining to cant construction or interpretation of FISA Director, Washington libraries and book stores as unconstitu- or the Constitution. Such disclosures shall National Office. tional. not include the facts of any particular case TIMOTHY H. EDGAR, ‘‘They are dangerous steps toward the ero- which are to be redacted. The first annual re- Legislative Counsel, sion of our most fundamental civil lib- port is to include application and opinion in- American Civil Lib- erties,’’ the October letter reads in part. formation for the four years preceding the erties Union. Peter Hall, U.S. attorney for Vermont, said year of the first report to ensure that impor- JAMES X. DEMPSEY, the measure would be used only in ‘‘very rare and limited and supervised cir- tant legal interpretations, such as FISA Executive Director, cumstances,’’ Hall said. Bookstore owners Court of Review opinion that was almost not Center for Democ- racy and Tech- can do what they want with records of their made public last summer, are publicly dis- nology. customers’ purchases, he said. seminated. KATE MARTIN, Borders Books & Music would review re- Sec. 3. Additional Improvements of Con- Director, Center for quests from authorities on a case-by-case gressional Oversight of Surveillance Activi- National Security basis, said Tod Gross, manager of the Bur- ties. This section adds to a reporting require- Studies. lington store. The national chain keeps no records of customer purchases, except for ment to the House and Senate Judiciary and MORTON H. HALPERIN, special orders, and those files are purged Intelligence Committees on the use of Na- Director, Open Society Policy Center. monthly, Gross said. tional Security Letters. The report will in- Two recent court cases have shown law en- clude a statement of requests for informa- [From the Burlington Free Press, Feb. 19, forcement’s willingness to seek records from tion directed to public libraries or libraries 2003] bookstores. affiliated with high schools and universities. Independent counsel Kenneth Starr at- BOOKSTORE OWNERS FIGHT DISCLOSURE ACT The section also would ensure that current tempted to obtain a list of the books Monica (By Cadence Mertz) reports on the use of such letters are pro- Lewinsky had bought from a Washington, vided to both the intelligence and judiciary The gears turned in Laurie Kettler’s mind D.C. bookstore while investigating former as she contemplated how the USA Patriot President Bill Clinton. Law enforcement in committees as well as updating the names of Act might affect the bookstore she co-owns Colorado subpoenaed a bookstore customers’ certain pertinent committees that receive in St. Albans. purchases during a drug investigation. A Col- such reports. The section would allow Con- At first, she thought The Kept Writer orado Supreme Court blocked the subpoena. gress to assess the validity of public reports Bookshop & Cafe had no records that au- Kettler, in St. Albans, said her first that a long discredited program of domestic thorities could use to track what her cus- thoughts are for her customers’ privacy. A library surveillance is being revived. tomers are reading. Then it dawned on her. woman seeking a book on ovarian cancer

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2707 should not have to worry her illness might water. In addition, mining companies, tems, amendment of the 1982 settle- be disclosed by the shopkeeper, Kettler said. farmers, and irrigation delivery dis- ment agreement with the Tohono ‘‘I guess I’m going to stop keeping such tricts can continue to receive water O’odham Nation, mitigation measures meticulous records,’’ she said. without the fear that they will be necessitated by sustained drought con- By Mr. KYL (for himself and Mr. stopped by Indian litigation. ditions, and equitable apportionment MCCAIN): While some minor issues remain, we of drought shortages. S. 437. A bill to provide for adjust- have every confidence that these issues While this bill reflects agreements ments to the Central Arizona Project will be resolved as the legislation pro- reached on a host of issues after an in- in Arizona, to authorize the Gila River gresses. In addition, we hope that nego- tensive and extended effort by the nu- indian Community water rights settle- tiations with the San Carlos Apache merous parties involved, it is impor- ment, to reauthorize and amend the Tribe, the only party not yet included tant to emphasize that this bill does Southern Arizona Water Rights Settle- in the settlement, will move forward so not represent the final settlement. All ment Act of 1982, and for other pur- that all claims can be resolved by this parties recognize that a very limited poses; to the Committee on Energy and bill. number of the provisions of this bill Natural Resources. In summary, this bill is vital to the may be modified as the negotiations Mr. KYL. Mr. President, on behalf of citizens of Arizona and will provide the continue. We fully expect that the leg- Senator MCCAIN and myself I am intro- certainty needed to move forward with islative process will culminate with a ducing legislation today that would water use decisions. Furthermore, the final agreement early in the next con- codify the largest water claims settle- United States can avoid litigating gressional session. ment in the history of Arizona. This water rights and damage claims and Mr. President, we introduce this bill bill represents the tremendous efforts satisfy its trust responsibilities to the today as an expression of our strong of literally hundreds of people in Ari- Tribes. The parties have worked many support of the various parties to suc- zona and here in Washington over a pe- years to reach consensus rather than cessfully achieve conclusion to this riod of five years. Looking ahead, this litigate, and I believe this bill rep- process. The Arizona Water Settle- bill could ultimately be nearly as im- resents the best opportunity to achieve ments Act will be a historic accom- portant to Arizona’s future as was the a fair result for all the people of Ari- plishment that will benefit all citizens authorization of the Central Arizona zona. of Arizona, the tribal communities, and Project, CAP, itself. Mr. MCCAIN. Mr. President, I am the United States. Since Arizona began receiving CAP pleased to join my colleague, Senator water from the Colorado River, litiga- KYL, as a co-sponsor of this important By Mr. BUNNING: tion has divided water users over how legislation, the Arizona Water Settle- S. 439. A bill to amend the Social Se- the CAP water should be allocated and ments Act of 2003, which would ratify curity Act and the Internal Revenue exactly how much Arizona was re- negotiated settlements for Central Ari- Code of 1986 to provide additional safe- quired to repay the federal govern- zona Project, CAP, water allocations to guards for Social Security and Supple- ment. This bill will, among other municipalities, agricultural districts mental Security Income beneficiaries things, codify the settlement reached and Indian tribes, state CAP repay- with representative payees, to enhance between the United States and the Cen- ment obligations, and final adjudica- program protections, and for other pur- tral Arizona Water Conservation Dis- tion of long-standing Indian water poses; to the Committee on Finance. trict over the state’s repayment obliga- rights claims. Mr. BUNNING. Mr. President, the So- tion for costs incurred by the United These settlements reflect more than cial Security system is one of this States in constructing the Central Ari- 5 years of intensive negotiations by country’s most important programs. zona Project. It will also resolve, once state, Federal, tribal, municipal, and Millions of older and disabled Ameri- and for all, the allocation of all re- private parties. I commend all those in- cans rely on their Social Security maining CAP water. This final alloca- volved in these negotiations for their checks each month as a reliable source tion will provide the stability nec- extraordinary commitment and dili- of income. essary for State water authorities to gence to reach this final stage in the We all know the long-term financial plan for Arizona’s future water needs. settlement process. I also praise my problems the Social Security system In addition, approximately 200,000 acre- colleague, Senator JON KYL, and Inte- faces, and it is critical that Congress feet of CAP water will be made avail- rior Secretary Gail Norton, for their enact legislation to overhaul the sys- able to settle various Indian water leadership in facilitating these settle- tem as soon as possible to ensure that claims in the State. The bill would also ments. From my experience in legis- our children and grandchildren can authorize the use of the Lower Colo- lating past agreements, I recognize the rely on a robust and healthy Social Se- rado River Basin Development Fund, enormous challenge of these negotia- curity program. which is funded solely from revenues tions, and I appreciate their personal Today, I am introducing a bill, the paid by Arizona entities, to construct dedication to this settlement process. Social Security Protection Act, that irrigation works necessary for tribes This legislation is vitally important will immediately begin protecting the with congressionally approved water to Arizona’s future because these set- integrity and finances of the Social Se- settlements to use CAP water. tlements will bring greater certainty curity system by combating fraud and Title II of this bill settles the water and stability to Arizona’s water supply abuse. rights claims of the Gila River Indian by completing the allocation of CAP Fraud and abuse in the Social Secu- Community. It allocates nearly 100,000 water supplies. Pending water rights rity system not only threatens its acre-feet of CAP water to the Commu- claims by various Indian tribes and long-term viability, but it also robs nity, and provides funds to subsidize non-Indian users will be permanently money from the millions of Americans the costs of delivering CAP water and settled as well as the repayment obli- who are contributing a portion of their to construct the facilities necessary to gations of the State of Arizona for con- hard-earned paychecks each month to allow the Community to fully utilize struction of the CAP. the program. the water allocated to it in this settle- I join with Senator KYL today to ex- The Social Security Protection Act ment. Title III provides for long-needed press support for the agreements em- makes several common-sense and amendments to the 1982 Southern Ari- bodied in this bill and to encourage much-needed changes, including deny- zona Water Settlement Act for the conclusion of this settlement process ing Social Security benefits to individ- Tohono O’odham Nation, which has in the near future. Significant progress uals who are fugitive felons and parole never been fully implemented. has been made in resolving key issues violators, creating new civil monetary This bill will allow Arizona cities to since we last sponsored a bill to facili- penalties to combat fraud, and pro- plan for the future, knowing how much tate this agreement in the 107th Con- viding additional protections to Social water they can count on. The Indian gress. Some of these key issues pertain Security employees while on the job. tribes will finally get ‘‘wet’’ water, as to the final apportionment of CAP The bill also provides additional opposed to the paper rights to water water supplies, cost-sharing of CAP oversight of representative payees who they have now, and projects to use the construction and water delivery sys- are appointed by the Social Security

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2708 CONGRESSIONAL RECORD — SENATE February 25, 2003 Administration to manage the finances 20 years, including 6 years as senior Guard to supplement troops who have of beneficiaries who are unable to do so judge. Judge Coyle earned his law de- been sent to deal with crises all over by themselves. Aside from additional gree from University of California, the world. oversight, the bill also imposes harsher Hastings College of the Law in 1956. He In addition to this, we have had to penalties on representative payees who then worked for Fresno County as a rely on an increasingly diverse group of have misused their clients’ funds, and Deputy District Attorney before going people to fight our wars. The conflict even allows the Social Security Admin- into private practice in 1958 with in Afghanistan was heavily reliant on istration in certain circumstances to McCormick, Barstow, Sheppard, Coyle new technologies in the air and per- reissue misused funds to beneficiaries. & Wayte, where he remained until his sonnel intensive techniques on the Finally, the bill makes some changes appointment by President Reagan. ground. In order to properly execute to Social Security’s attorney-fee with- Judge Coyle is very active in the the war on terror, we have relied on holding process, and expands it to Sup- community and has served in many ju- highly skilled individuals such as lin- plemental Security Income claims, as dicial leadership positions, including: guists and Civil Affairs personnel who well. The bill also makes some other Chair of the Space and Security Com- have worked closely with the popu- minor and non-controversial changes mittee; Chair of the Conference of the lation of Afghanistan. We will have to to Social Security law and the Ticket Chief District Judges of the Ninth Cir- rely on them again in Iraq. Many of to Work and Work Incentives Improve- cuit; President of the Ninth Circuit these men and women have been re- ment Act of 1999. District Judges Association; Member of servists. Last year, a similar version of this the Board of Governors of the State These two trends reflect a dramatic legislation came close to passing Con- Bar of California; and President of the shift in the structure of our armed gress. I hope that we can work in a bi- Fresno County Bar. forces. Gone are the Cold War days partisan fashion with the House of Rep- My hope is that, in addition to serv- when we had a massive military posi- resentatives to get this legislation ing the people of the Eastern District tioned all over the globe. We are now passed so that our Social Security sys- as a courthouse, this building will reliant on a much leaner force, which tem can be better protected against stand as a reminder to the community views the Reserves and National Guard fraud and abuse. and people of California of the dedi- as necessary components to any con- cated work of Judge Robert E. Coyle. flict, and not forces of last resort. By Mrs. BOXER: Between 1945 and 1989, a period which S. 440. A bill to designate a United By Mrs. BOXER: encompassed most of the Cold War, re- States courthouse to be constructed in S. 441. A bill to direct the Adminis- servists and Guardsmen were called up Fresno, California, as the ‘‘Robert E. trator of General Services to convey to four times: during the Korean War, the Coyle United States Courthouse’’; to Fresno County, California, the existing Berlin Crisis of 1961, the Cuban Missile the Committee on Environment and Federal courthouses in that county; to Crisis, and the Vietnam War. A major- Public Works. the Committee on Environment and ity of those mobilized during this pe- Mrs. BOXER. Mr. President, I am Public Works. riod were called up during the Korean pleased to introduce legislation to Mrs. BOXER. Mr. President, today I War, when over 800,000 troops were ac- name the Federal courthouse building am introducing legislation to transfer tivated to supplement the 900,000 active now under construction at Tulare and the B.F. Sisk Federal Courthouse in duty forces fighting in Korea. ‘‘O’’ Streets in downtown Fresno, CA Fresno, CA to the County of Fresno, Between 1990 and today, reservists the ‘‘Robert E. Coyle United States when the new Federal courthouse is and Guardsmen have been called up six Courthouse.’’ completed. separate times. Over 230,000 reservists It is fitting that the Federal court- Fresno County is rapidly growing and Guardsmen were mobilized for the house in Fresno be named for Senior county in the heart of California’s Gulf War, forming nearly half of the U.S. District Judge Robert E. Coyle, Great Central Valley. The County of force that drove Iraqi forces from Ku- who is greatly respected and admired Fresno’s Superior Court has a serious wait. Since then, reservists and for his work as a judge and for his fore- need for new court space that will grow Guardsmen have been activated for the sight and persistence which contrib- in the years ahead. The Sisk Building Haiti Intervention, the ongoing Bos- uted so much to the Fresno Courthouse contains courthouses and related space nian Peacekeeping mission, the ongo- project. Judge Coyle has been a leader that will help the people of Fresno ing patrol of the No Fly Zones in Iraq, in the effort to build a new courthouse County meet those needs. The Sisk the Kosovo conflict, and the War on in Fresno for more than a decade. Building’s existing security measures Terrorism which has seen 151,348 re- In the course of his work, Judge are a perfect fit for Fresno County’s servists and Guardsmen activated in Coyle, working with the Clerk of the justice system. support of Operations Enduring Free- United States District Court for the This legislation is a common sense dom and Noble Eagle. Many of them Eastern District, conceived and found- measure that will allow appropriate are in the Persian Gulf Region today. ed a program called ‘‘Managing a Cap- utilization of the Sisk Building, while Over the past ten years, the itol Construction Program’’ to help contributing to the ongoing revitaliza- OPTEMPO of the Reserves has in- others understand the process of hav- tion of downtown Fresno. I am proud creased by fifty percent. ing a courthouse built. This Eastern that it is yet another opportunity for This OPTEMPO has had a significant District program was so well received the Federal Government to improve strain on reservists and their families. by national court administrators that the lives of Fresno County’s people. In almost every instance, when a re- is now a nationwide program run by servist or Guardsman is activated, Judge Coyle. By Ms. LANDRIEU: their military salary is significantly In addition to meeting the needs of S. 442. A bill to provide pay protec- smaller then their civilian salary. In the court for additional space, the tion for member of the Reserve and the many cases, service member’s income courthouse project has become a key National Guard, and for other pur- is cut in half. This places a particular element in the downtown revitalization poses; to the Committee on Finance. strain to reservists and Guardsmen as of Fresno. Judge Coyle’s efforts, and Ms. LANDRIEU. Mr. President, I rise their household budget is structured by those in the community with whom he today to offer legislation that will help their civilian salary. The decrease in worked, produced a major milestone our Nation’s reservists and members of income that activation brings makes it when the groundbreaking for the new the National Guard who have been increasingly difficult to pay the bills. courthouse took place. called to active duty. Whether or not the Nation is at war, Judge Coyle has had a distinguished Since 1991, the U.S. military has sig- mortgages, rent, credit card debt, stu- career as an attorney and on the bench. nificantly scaled down its troop levels dent loans, and other household ex- Appointed to California’s Eastern Dis- to reflect the end of the Cold War. With penses must be paid. trict bench by President Ronald the reduction of active duty troops, the When we send our fighting men and Reagan in 1982, Judge Coyle has served military has become increasingly de- women into harm’s way, it is impor- as a judge for the Eastern District for pendent on the Reserves and National tant that they concentrate on one

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2709 thing: their mission. When Guardsmen ‘‘(b)(1) Amounts under this section shall be SEC. 3. READY RESERVE-NATIONAL GUARD EM- and reservists are worried about having payable with respect to each pay period PLOYEE CREDIT ADDED TO GEN- ERAL BUSINESS CREDIT. enough money for rent of the mortgage (which would otherwise apply if the employ- (a) READY RESERVE-NATIONAL GUARD CRED- or whether their children have enough ee’s civilian employment had not been interrupted)— IT.—Subpart D of part IV of subchapter A of to see a doctor, they cannot con- ‘‘(A) during which such employee is enti- chapter 1 of the Internal Revenue Code of centrate on the mission, and this be- tled to reemployment rights under chapter 1986 (relating to business-related credits) is comes a readiness issue. 43 of title 38 with respect to the position amended by adding at the end the following: Many corporations volunteer to from which such employee is absent (as re- ‘‘SEC. 45G. READY RESERVE-NATIONAL GUARD make up the difference between the ferred to in subsection (a)); and EMPLOYEE CREDIT. ‘‘(B) for which such employee does not oth- military and civilian salaries of their ‘‘(a) GENERAL RULE.—For purposes of sec- erwise receive basic pay (including by taking Guardsmen and reservists. Not only do tion 38, the Ready Reserve-National Guard any annual, military, or other paid leave) to these employers sacrifice important employee credit determined under this sec- which such employee is entitled by virtue of tion for any taxable year is an amount equal members of their companies for na- such employee’s civilian employment with to 50 percent of the actual compensation tional defense, they hold their jobs for the Government. them and they voluntarily choose to ‘‘(2) For purposes of this section, the period amount for such taxable year. continue paying them. In some in- during which an employee is entitled to re- ‘‘(b) DEFINITION OF ACTUAL COMPENSATION stances, employers have continued to employment rights under chapter 43 of title AMOUNT.—For purposes of this section, the provide health insurance and other 38— term ‘actual compensation amount’ means the amount of compensation paid or incurred benefits. This represents a significant ‘‘(A) shall be determined disregarding the provisions of section 4312(d) of title 38; and by an employer with respect to a Ready Re- burden that the employer has under- ‘‘(B) shall include any period of time speci- serve-National Guard employee on any day taken, in order to ensure that their fied in section 4312(e) of title 38 within which during a taxable year when the employee employees and their families are taken an employee may report or apply for employ- was absent from employment for the purpose care of during times of national emer- ment or reemployment following completion of performing qualified active duty. gency. of service in the uniformed services. ‘‘(c) LIMITATIONS.— In order to alleviate the burden that ‘‘(c) Any amount payable under this sec- ‘‘(1) MAXIMUM PERIOD FOR CREDIT PER EM- these employers face and to encourage tion to an employee shall be paid— PLOYEE.—The maximum period with respect ‘‘(1) by such employee’s employing agency; to which the credit may be allowed with re- more employers to pay the difference ‘‘(2) from the appropriation or fund which to Reserve and Guard employees, I spect to any Ready Reserve-National Guard would be used to pay the employee if such employee shall not exceed the 12-month pe- have drafted legislation that would employee were in a pay status; and riod beginning on the first day such credit is provide an incentive for employers to ‘‘(3) to the extent practicable, at the same so allowed with respect to such employee. make up the difference between the time and in the same manner as would basic ‘‘(2) DAYS OTHER THAN WORK DAYS.—No military and civilian pay of activated pay if such employee’s civilian employment credit shall be allowed with respect to a reservists. The Reservists and Guards- had not been interrupted. Ready Reserve-National Guard employee men Pay Protection Act of 2003 pro- ‘‘(d) The Office of Personnel Management who performs qualified active duty on any shall, in consultation with Secretary of De- day on which the employee was not sched- vides a tax credit to employers who fense, prescribe any regulations necessary to continue paying their service members uled to work (for reason other than to par- carry out the preceding provisions of this ticipate in qualified active duty). after they are activated. It also re- section. ‘‘(d) DEFINITIONS.—For purposes of this sec- ‘‘(e)(1) The head of each agency referred to quires the Federal Government to tion— in section 2302(a)(2)(C)(ii) shall, in consulta- make up the difference between civil- ‘‘(1) QUALIFIED ACTIVE DUTY.—The term tion with the Office, prescribe procedures to ian and military pay for Federal em- ‘qualified active duty’ means— ensure that the rights under this section ployees who are activated. ‘‘(A) active duty, other than the training apply to the employees of such agency. I ask unanimous consent that the ‘‘(2) The Administrator of the Federal duty specified in section 10147 of title 10, text of this bill be printed in the Aviation Administration shall, in consulta- United States Code (relating to training re- RECORD. tion with the Office, prescribe procedures to quirements for the Ready Reserve), or sec- There being no objection, the bill was ensure that the rights under this section tion 502(a) of title 32, United States Code (relating to required drills and field exercises ordered to be printed in the RECORD, as apply to the employees of that agency. for the National Guard), in connection with follows: ‘‘(f) For purposes of this section— ‘‘(1) the terms ‘employee’, ‘Federal Govern- which an employee is entitled to reemploy- S. 442 ment’, and ‘uniformed services’ have the ment rights and other benefits or to a leave Be it enacted by the Senate and House of Rep- same respective meanings as given in section of absence from employment under chapter resentatives of the United States of America in 4303 of title 38; 43 of title 38, United States Code, and Congress assembled, ‘‘(2) the term ‘service in the uniformed ‘‘(B) hospitalization incident to such duty. SECTION 1. SHORT TITLE. services’ has the meaning given that term in ‘‘(2) COMPENSATION.—The term ‘compensa- This Act may be cited as the ‘‘Reservists section 4303 of title 38 and includes duty per- tion’ means any remuneration for employ- and Guardsmen Pay Protection Act of 2003’’. formed by a member of the National Guard ment, whether in cash or in kind, which is SEC. 2. NONREDUCTION IN PAY WHILE FEDERAL under section 502(f) of title 32 at the direc- paid or incurred by a taxpayer and which is EMPLOYEE IS PERFORMING ACTIVE tion of the Secretary of the Army or Sec- deductible from the taxpayer’s gross income SERVICE IN THE UNIFORMED SERV- retary of the Air Force; under section 162(a)(1). ICES. ‘‘(3) the term ‘employing agency’, as used ‘‘(3) READY RESERVE-NATIONAL GUARD EM- (a) IN GENERAL.—Subchapter IV of chapter with respect to an employee entitled to any PLOYEE.—The term ‘Ready Reserve-National 55 of title 5, United States Code, is amended payments under this section, means the Guard employee’ means an employee who is by adding at the end the following: agency or other entity of the Government a member of the Ready Reserve or of the Na- ‘‘§ 5538. Nonreduction in pay while serving in (including an agency referred to in section tional Guard. the uniformed services 2302(a)(2)(C)(ii)) with respect to which such ‘‘(4) NATIONAL GUARD.—The term ‘National ‘‘(a) An employee who is absent from a po- employee has reemployment rights under Guard’ has the meaning given such term by sition of employment with the Federal Gov- chapter 43 of title 38; and section 101(c)(1) of title 10, United States ernment in order to perform service in the ‘‘(4) the term ‘basic pay’ includes any Code. uniformed services shall be entitled to re- amount payable under section 5304.’’. ‘‘(5) READY RESERVE.—The term ‘Ready Re- ceive, for each pay period described in sub- (b) CLERICAL AMENDMENT.—The table of serve’ has the meaning given such term by section (b), an amount equal to the amount sections for chapter 55 of title 5, United section 10142 of title 10, United States by which— States Code, is amended by inserting after Code.’’. ‘‘(1) the amount of basic pay which would the item relating to section 5537 the fol- (b) CREDIT TO BE PART OF GENERAL BUSI- otherwise have been payable to such em- lowing: NESS CREDIT.—Subsection (b) of section 38 of ployee for such pay period if such employee’s ‘‘5538. Nonreduction in pay while serving in such Code (relating to general business cred- civilian employment with the Government the uniformed services or Na- it) is amended by striking ‘‘plus’’ at the end had not been interrupted by that service, ex- tional Guard.’’. of paragraph (14), by striking the period at ceeds (if at all) (c) EFFECTIVE DATE.—The amendments the end of paragraph (15) and inserting ‘‘, ‘‘(2) the amount of pay and allowances made by this section shall apply with respect plus’’, and by adding at the end the fol- which (as determined under subsection (d))— to pay periods (as described in section 5538(b) lowing: ‘‘(A) is payable to such employee for that of title 5, United States Code, as added by ‘‘(16) the Ready Reserve-National Guard service; and this section) beginning on or after Sep- employee credit determined under section ‘‘(B) is allocable to such pay period. tember 11, 2001. 45G(a).’’.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2710 CONGRESSIONAL RECORD — SENATE February 25, 2003 (c) CONFORMING AMENDMENT.—The table of This bill would provide important With more than $30 billion in dam- sections for subpart D of part IV of sub- safeguards to the people of one of the ageable property in the floodplain, the chapter A of chapter 1 of the Internal Rev- fastest growing areas in the Nation. By Corps of Engineers has estimated the enue Code of 1986 is amended by inserting raising Folsom Dam and replacing the damage from a flood would range from after the item relating to section 45F the fol- a minimum of $7 billion to as much as lowing: road across the dam, we can greatly increase public safety in the Sacramento $15 billion. ‘‘Sec. 45G. Ready Reserve-National Guard area. I ask unanimous consent that the As one of the largest economic en- employee credit.’’. text of the bill be printed in the gines in the world, a flood in Califor- (d) EFFECTIVE DATE.—The amendments RECORD. nia’s capital city would effectively made by this section shall apply to taxable shut down the State’s government and years beginning after the date of the enact- There being no objection, the bill was ment of this Act. ordered to be printed in the RECORD, as seriously disrupt regional commerce follows: and transportation. By Mrs. BOXER (for herself and S. 444 The Mini-Raise will provide Sac- Mrs. FEINSTEIN): Be it enacted by the Senate and House of Rep- ramento with a 213-year level of protec- S. 444. A bill to authorize the Sec- resentatives of the United States of America in tion. It will allow the system to safely retary of the Army to carry out a Congress assembled, handle a storm 50 percent larger than project for flood damage reduction and SECTION 1. SHORT TITLE. anything ever recorded in the 3,000- ecosystem restoration for the Amer- This Act may be cited as the ‘‘Sacramento year history of the American River Wa- ican River, Sacramento, California, Public Safety Act of 2003’’. tershed; it will add 95,000 acre-feet of SEC. 2. FLOOD DAMAGE REDUCTION AND ECO- new emergency flood storage capacity and for other purposes; to the Com- SYSTEM RESTORATION, AMERICAN mittee on Environment and Public to allow operators to control dam out- RIVER, CALIFORNIA. flows in accordance to what the down- Works. The Secretary of the Army is authorized to Mrs. BOXER. Mr. President, today I carry out the project for flood damage reduc- stream levees can safely carry; it will am introducing a bill to improve flood tion and ecosystem restoration, American bring Folsom Dam into compliance protection for Sacramento, CA. The River, Sacramento, California, substantially with Federal Dam safety standards; it will restore wildlife habitat along the flood control project authorized by this in accordance with the plans, and subject to the conditions, described in the Report of the Lower American River; and it will im- bill has been evaluated by the U.S. Chief of Engineers for the project dated No- prove conditions for naturally spawn- Army Corps of Engineers and will be vember 5, 2002. ing Steelhead and Salmon by mecha- conducted in accordance with the Re- SEC. 3. CONSTRUCTION OF PERMANENT BRIDGE nizing temperature control shutters. port of the Chief of Engineers dated ADJACENT TO FOLSOM DAM. The project has wide support at Fed- (a) IN GENERAL.—As part of the project au- November 5, 2002. This is a companion eral, State, and local level. It is sup- bill to one that Representative MATSUI thorized by section 2, the Secretary of Trans- portation shall carry out a project to design ported by the Army Corp of Engineers is introducing today in the House. and funded in the Bush administra- Currently, Sacramento has woefully and construct a bridge west of and adjacent to Folsom Dam, California. In carrying out tion’s budget request. inadequate flood protection. This bill the project, the Secretary shall also con- The project has bi-partisan support would raise the existing walls of Fol- struct necessary linkages from the bridge to in Congress including Republican Con- som Dam by seven feet, which would existing roadways. gressman POMBO, as well as Democrats: substantially increase flood protection (b) DESIGN AND CONSTRUCTION.—In design- ROBERT MATSUI, GEORGE MILLER, MIKE for the Sacramento region. Without ing and constructing the bridge, the Sec- THOMPSON, and ELLEN TAUSCHER. this improvement, $40 billion of prop- retary shall— It has the local support of Heather erty, including the California State (1) coordinate with the Secretary of the Fargo, Mayor of Sacramento; Deborah Army regarding the project authorized by Capitol, 6 major hospitals, 26 nursing section 2; and Ortiz, California State Senator; Darrell home facilities, over 100 schools, three (2) provide appropriate sizing and linkages Steinberg, California Assemblyman; major freeway systems, and approxi- to support present and future traffic flow re- Illa Collin, Chairman of the Sac- mately 160,000 homes and apartments, quirements for the city of Folsom, Cali- ramento County Board of Supervisors; are at risk if there is a devastating fornia. Butch Hodkins, Executive Director of flood. (c) GRANT ASSISTANCE.—The Secretary of the Sacramento Area Flood Control For a city of its size, Sacramento Transportation shall make a grant to the Agency; Karolyn W. Simon, President falls shockingly below the flood protec- State of California in an amount sufficient of American River Flood Control Alli- to pay not less than 80 percent of the cost of ance; Donald Gerth, California State tion that it deserves. The Folsom Mini- the project authorized by this section. Raise is the critical next step in pro- Mrs. FEINSTEIN. Mr. President, I University, Sacramento; and Vicki viding Sacramento necessary flood pro- rise in support of the legislation being Lee, Conservation Chair of the Sierra tection, enabling the system to handle introduced by my colleague from Cali- Club. The bill also calls for a permanent storms far larger than any recorded fornia the Sacramento Public Safety event in the American River Water- bridge to replace the road that cur- Act. rently runs atop Folsom Dam. Given shed. This Bill would authorize flood con- the recent announcement by the Bu- Previous plans to raise the level of trol protection and ecosystem restora- reau of Reclamation and the Depart- the Folsom Dam called for the building tion through a Mini-Raise of the Fol- ment of the Interior to close the road of a temporary bridge to handle the som Dam as well as authorize the de- traffic that would be disrupted while over the Dam, the need for such a sign and construction of a permanent bridge has become doubly important. the Folsom Dam Road was closed dur- bridge to replace the road that cur- ing the construction project. Security This bridge will serve the needs of rently runs on top of the Dam. nearly 20,000 commuters who use the concerns now warrant an indefinite Providing Sacramento with flood closure of the Folsom Dam Road. Folsom Dam Road every day. protection is a critical public safety I want to thank my colleague from So, in addition to authorizing the need. Further delays only serve to ex- California for introducing this critical Mini-Raise, this bill authorizes the pand opportunities for a catastrophic piece of legislation and I ask for sup- U.S. Department of Transportation to flood. port from the rest of the Senate. work with the State of California to No urban area in the United States is design and construct a permanent at higher risk of flooding than Sac- By Ms. LANDRIEU: bridge west of and adjacent to Folsom ramento, CA. S. 445. A bill to amend title 10, Dam over the American River to re- Located at the confluence of two United States Code, to revise the age place the current two-lane road over major rivers, the American and Sac- and service requirements for eligibility the dam. It will alleviate security con- ramento, the floodplain is home to to receive retired pay for non-regular cerns by moving traffic away from the half-a-million residents, $40 billion in service; to the Committee on Armed dam while still providing the thou- property, 5,000 businesses and the nec- Services. sands of area commuters with a reli- essary supporting infrastructure, all of Ms. LANDRIEU. Mr. President, many able means of transportation across which has less than 100-year flood pro- bills were introduced in the last Con- the river. tection. gress that would lower the age at

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2711 which Reservists can receive retire- (b) 20-YEAR LETTER.—Subsection (d) of Thousands have already been activated ment benefits. Most of these bills were such section is amended by striking ‘‘the for Operations Enduring Freedom, and met with resistance from the Depart- years of service required for eligibility for many thousands more are either in Ku- retired pay under this chapter’’ in the first ment of Defense, due to cost estimates sentence and inserting ‘‘20 years of service wait or on their way there. Once they over a 10-year period. It is my hope computed under section 12732 of this title.’’. get to their duty station, they need to that his Bill, the Reserve Retirement (c) EFFECTIVE DATE.—This section and the focus all of their attention on the mis- and Retention Act of 2003, will serve as amendments made by this subsection (a) sion. This legislation provides our stu- a compromise measure and deliver re- shall take effect on the first day of the first dent reservists with the proper safe- tirement benefits to Reservists and month beginning on or after the date of the guards on their academic career which Guardsmen at an earlier age. This leg- enactment of this Act and shall apply with will allow them to accomplish their respect to retired pay payable for that islation would lower the retirement month and subsequent months. mission. age of a Reservist by one year for every Mr. President, I ask unanimous con- 2-year period that he or she serves past By Ms. LANDRIEU: sent that the text of this bill be printed the requisite 20 years for retirement. S. 447. A bill to amend the Higher in the RECORD. For example, if a Reservist should Education Act of 1965 to require insti- There being no objection, the bill was serve for 22 years, he or she could re- tutions of higher education to preserve ordered to be printed in the RECORD, as ceive retirement benefits at age 59. the educational status and financial re- follows: This legislation will serve as a critical sources of military personnel called to S. 447 tool in encouraging the most experi- active duty; to the Committee on Be it enacted by the Senate and House of Rep- enced Reservists and Guardsmen to Health, Education, Labor, and Pen- resentatives of the United States of America in stay past the 20-year mark. It is my sions. Congress assembled, hope that this measure will encourage Ms. LANDRIEU. Mr. President, When SECTION 1. SHORT TITLE. our Reservists and Guardsmen to stay the President give the order to activate This Act may be cited as the ‘‘Reservist Opportunities and Protection of Education in their units longer, while making reservists and National Guardsmen, the lives of those men and women are Act’’. their retirement benefits more gen- SEC. 2. LEAVE OF ABSENCE FOR MILITARY SERV- erous for them and their families. put on hold. Businesses, careers, and ICE. I ask unanimous consent that the families are left behind so that Amer- (a) OBLIGATION AS PART OF PROGRAM PAR- text of this bill be printed in the ica’s interests may be served. Students TICIPATION REQUIREMENTS.—Section 487(a)(22) RECORD. make up a substantial part of our Na- of the Higher Education Act of 1965 (20 U.S.C. There being no objection, the bill was tional Guard and Reserve forces. When 1094(a)(22)) is amended by inserting ‘‘and ordered to be printed in the RECORD, as these students are activated, it jeop- with the policy on leave of absence for active follows: ardizes their academic standing, as duty military service established pursuant well as their scholarships and grants. to section 484C’’ after ‘‘section 484B’’. S. 445 (b) LEAVE OF ABSENCE FOR MILITARY SERV- Be it enacted by the Senate and House of Rep- This bill would preserve their academic ICE.—Part G of title IV of the Higher Edu- resentatives of the United States of America in standing for the duration of their serv- cation Act of 1965 is amended by inserting Congress assembled, ice as well as a one year period that after section 484B (20 U.S.C. 1091b) the fol- SECTION 1. SHORT TITLE. follows that service. It would also pre- lowing new section: This Act may be cited as the ‘‘Reservists serve their scholarships and grants, as ‘‘SEC. 484C. LEAVE OF ABSENCE FOR MILITARY Retirement and Retention Act of 2003’’. well as entitle them to a refund of un- SERVICE. SEC. 2. ELIGIBILITY FOR RETIRED PAY FOR NON- used tuition and fees. Federal law al- ‘‘(a) LEAVE OF ABSENCE REQUIRED.—When- REGULAR SERVICE. ready safeguards the employment sta- ever a student who is a member of the Na- (a) AGE AND SERVICE REQUIREMENTS.—Sub- tional Guard or other reserve component of section (a) of section 12731 of title 10, United tus of activated reservists and Guards- the Armed Forces of the United States, or a States Code, is amended to read as follows: men. It is time that we extend the member of such Armed Forces in a retired ‘‘(a)(1) Except as provided in subsection (c), same guarantee to students. status, is called or ordered to active duty, a person is entitled, upon application, to re- This legislation would require col- the institution of higher education in which tired pay computed under section 12739 of leges, universities, and community col- the student is enrolled shall grant the stu- this title, if the person— leges to grant National Guardsmen and dent a military leave of absence from the in- ‘‘(A) satisfies one of the combinations of reservists a leave of military absence stitution while such student is serving on ac- requirements for minimum age and min- when they are called to active duty. tive duty, and for one year after the conclu- imum number of years of service (computed This leave of absence would last while sion of such service. under section 12732 of this title) that are ‘‘(b) CONSEQUENCES OF MILITARY LEAVE OF specified in the table in paragraph (2); the student is serving on active duty ABSENCE.— ‘‘(B) performed the last six years of quali- and a one year period at the conclusion ‘‘(1) PRESERVATION OF STATUS AND AC- fying service while a member of any cat- of active service. This bill would pre- COUNTS.—A student on a military leave of ab- egory named in section 12732(a)(1) of this serve the academic credits that the sence from an institution of higher edu- title, but not while a member of a regular student had earned before being acti- cation shall be entitled, upon release from component, the Fleet Reserve, or the Fleet vated. It would also preserve the schol- serving on active duty, to be restored to the Marine Corps Reserve, except that in the arships and grants awarded to the stu- educational status such student had attained prior to being ordered to such duty without case of a person who completed 20 years of dent before being activated. Under this service computed under section 12732 of this loss of academic credits earned, scholarships title before October 5, 1994, the number of legislation, students would be entitled or grants awarded, or, subject to paragraph years of qualifying service under this sub- to receive a refund of tuition and fees (2), tuition and other fees paid prior to the paragraph shall be eight; and or credit the tuition and fees to the commencement of the active duty. ‘‘(C) is not entitled, under any other provi- next period of enrollment after the stu- ‘‘(2) REFUNDS.— sion of law, to retired pay from an armed dent returns from military leave. If a ‘‘(A) OPTION OF REFUND OR CREDIT.—An in- force or retainer pay as a member of the student elects to receive a refund, it stitution of higher education shall refund Fleet Reserve or the Fleet Marine Corps Re- would allow them to receive a full re- tuition or fees paid or credit the tuition and serve. fees to the next period of enrollment after ‘‘(2) The combinations of minimum age and fund, minus the percentage of time the the student returns from a military leave of minimum years of service required of a per- student spent enrolled in classes. absence, at the option of the student. Not- son under subparagraph (A) of paragraph (1) The protections that are already af- withstanding the 180-day limitation referred for entitlement to retired pay as provided in forded our reservists and Guardsmen to in section 484B(a)(2)(B), a student on a such paragraph are as follows: are appropriate considering the hard- military leave of absence under this section ‘‘Age, in years, is at The minimum years ships they endure on the nation’s be- shall not be treated as having withdrawn for least: of service required half. We need to acknowledge the many purposes of section 484B unless the student for that age is: college students who are in the ranks fails to return at the end of the military 55 ...... 30 of the Guard and Reserve and extend to leave of absence (as determined under subsection (a) of this section). 56 ...... 28 them the protections they deserve. In 57 ...... 26 ‘‘(B) PROPORTIONATE REDUCTION OF REFUND 58 ...... 24 this day of uncertainty on the world FOR TIME COMPLETED.—If a student requests a 59 ...... 22 stage, our reservists must be prepared refund during a period of enrollment, the 60 ...... 20.’’. to be called up at a moments notice. percentage of the tuition and fees that shall

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2712 CONGRESSIONAL RECORD — SENATE February 25, 2003 be refunded shall be equal to 100 percent be expended for the procurement of the serv- committee (under procedures specified by minus— ices of individual consultants, or organiza- section 202(j) of the Legislative Reorganiza- ‘‘(i) the percentage of the period of enroll- tions thereof (as authorized by section 202(i) tion Act of 1946). ment (for which the tuition and fees were of the Legislative Reorganization Act of 1946, (B) for the period October 1, 2003, through paid) that was completed (as determined in as amended), and (2) not to exceed $1,000 may September 30, 2004, expenses of the com- accordance with section 484B(d)) as of the be expended for the training of professional mittee under this resolution shall not exceed day the student withdrew, provided that staff of such committee (under procedures $8,110,222, of which amount (1) not to exceed such date occurs on or before the completion specified by section 202(j) of the Legislative $200,000 may be expended for the procure- of 60 percent of the period of enrollment; or Reorganization Act of 1946). ment of the services of individual consult- ‘‘(ii) 100 percent, if the day the student SEC. 3. The committee shall report its find- ants, or organizations thereof (as authorized withdrew occurs after the student has coming, together with such recommendations for by section 202(i) of the Legislative Reorga- pleted 60 percent of the period of enrollment. legislation as it deems advisable, to the Sen- nization Act of 1946, as amended), and (2) not ‘‘(c) ACTIVE DUTY.—In this section, the ate at the earliest practicable date, but not to exceed $20,000 may be expended for the term ‘active duty’ has the meaning given later than February 28, 2003. training of the professional staff of such such term in section 101(d)(1) of title 10, SEC. 4. Expenses of the committee under committee (under procedures specified by United States Code, except that such term— this resolution shall be paid from the contin- section 202(j) of the Legislative Reorganiza- ‘‘(1) does not include active duty for train- gent fund of the Senate upon vouchers ap- tion Act of 1936). ing or attendance at a service school; but proved by the Chairman of the committee, (C) For the period October 1, 2004, through ‘‘(2) includes, in the case of members of the except that vouchers shall not be required (1) February 28, 2005, expenses of the committee National Guard, active State duty.’’. for the disbursement of the salaries of em- under this resolution shall not exceed $3,458,551, of which amount (1) not to exceed f ployees paid at an annual rate, or (2) for the payment of telecommunications provided by $200,000 may be expended for the procure- STATEMENTS ON SUBMITTED the Office of the Sergeant at Arms and Door- ment of the services of individual consultants, or organizations thereof (as authorized RESOLUTIONS keeper, United States Senate, or (3) for the payment of stationery supplies purchased by section 202(i) of the Legislative Reorga- through the Keeper of the Stationery, United nization Act of 1946, as amended), and (2) not States Senate, or (4) for payments to the to exceed $20,000 may be expended for the SENATE RESOLUTION 64—AUTHOR- training of the professional staff of such IZING EXPENDITURES BY THE Postmaster, United States Senate, or (5) for the payment of metered charges on copying committee (under procedures specified by SENATE COMMITTEE ON INDIAN equipment provided by the Office of the Ser- section 202(j) of the Legislative Reorganiza- AFFAIRS geant at Arms and Doorkeeper, United tion Act of 1946). SEC. 3. The Committee shall report its States Senate, or (6) for the payment of Sen- Mr. CAMPBELL submitted the fol- findings, together with such recommenda- ate Recording and Photographic Services, or lowing resolution; from the Committee tions for legislation as it deems advisable, to (7) for payment of franked and mass mail on Indian Affairs; which was referred the Senate at the earliest practicable date, costs by the Sergeant at Arms and Door- but not later than February 28, 2005, respec- to the Committee on Rules and Admin- keeper, United States Senate. tively. istration: SEC. 5. There are authorized such sums as SEC. 4. Expenses of the committee under S. RES. 64 may be necessary for agency contributions this resolution shall be paid from the contin- Resolved, That, in carrying out its powers, related to the compensation of employees of gent fund of the Senate upon vouchers ap- duties and functions under the Standing the committee from March 1, 2003, through proved by the chairman of the committee ex- Rules of the Senate, in accordance with its February 28, 2005, to be paid from the Appro- cept that vouchers shall not be required (1) jurisdiction under rule XXV of such rules, in- priations account for ‘‘Expenses of Inquiries for the disbursement of salaries of employees cluding holding hearings, and making inves- and Investigations’’. paid at an annual rate, or (2) for the pay- tigations as authorized by paragraphs 1 and ment of telecommunications provided by the 8 of rule XXVI of the Standing Rules of the SENATE RESOLUTION 65—AUTHOR- Office of the Sergeant at Arms and Door- Senate, the Committee on Indian Affairs is IZING EXPENDITURES BY THE keeper, United States Senate, or (3) for the authorized from March 1, 2003, through Feb- COMMITTEE ON THE JUDICIARY payment of stationery supplies purchased ruary 28, 2005, in its discretion (1) to make through the Keeper of the Stationery, United expenditures from the contingent fund of the Mr. HATCH (for himself and Mr. States Senate, or (4) for payments to the Senate, (2) to employ personnel, and (3) with LEAHY) submitted the following resolu- Postmaster, United States Senate, or (5) for the prior consent of the Government depart- tion; which was referred to the Com- the payment of metered charges on copying ment or agency concerned and the Com- mittee on the Judiciary and the Com- equipment provided by the Office of the Ser- mittee on Rules and Administration, to use mittee on Rules and Administration: geant at Arms and Doorkeeper, United on a reimbursable or non-reimbursable basis States Senate, or (6) for the payment of Sen- the services of personnel of any such depart- S. RES. 65 ate Recording and Photographic Services, or ment or agency. Resolved, That, in carrying out its powers, (7) for payment of franked and mass mail SEC. 2. (a) The expenses of the committee duties, and functions under the Standing costs by the Sergeant at Arms and Door- for the period March 1, 2003, through Sep- Rules of the Senate, in accordance with its keeper, United States Senate. tember 30, 2003, under this resolution shall jurisdiction under rule XXV of such rules, in- SEC. 5. There are authorized such sums as not exceed $1,051,310.00, of which amount (1) cluding holding hearings, reporting such may be necessary for agency contributions no funds may be expended for the procure- hearings, and making investigations as au- related to the compensation of employees of ment of the services or individual consult- thorized by paragraphs 1 and 8 of rule XXVI the committee from March 1, 2003, through ants, or organizations thereof (as authorized of the Standing Rules of the Senate, the September 30, 2003, October 1, 2003 through by section 202(i) of the Legislative Reorga- Committee on the Judiciary is authorized September 30, 2004; and October 1, 2004 nization Act of 1946, as amended), and (2) not from March 1, 2003, through September 30, through February 28, 2005, to be paid from to exceed $1,000 may be expended for the 2003; October 1, 2003, through September 30, the Appropriations account for ‘‘Expenses of training of professional staff of such com- 2004; and October 1, 2004, through February Inquires and Investigations.’’ mittee (under procedures specified by section 28, 2005 in its discretion (1) to make expendi- 202(j) of the Legislative Reorganization Act tures from the contingent fund of the Sen- SENATE CONCURRENT RESOLU- of 1946). ate, (2) to employ personnel, and (3) with the TION 8—DESIGNATING THE SEC- (b) For the period October 1, 2003, through prior consent of the Government department September 30, 2004, expenses of the com- or agency concerned and the Committee on OND WEEK IN MAY EACH YEAR mittee under this resolution shall not exceed Rules and Administration, to use on a reim- AS ‘‘NATIONAL VISITING NURSE $1,848,350.00, of which amount (1) no funds bursable or non-reimbursable basis the serv- ASSOCIATIONS WEEK’’ may be expended for the procurement of the ices of personnel of any such department or Ms. COLLINS (for himself and Mr. services of individual consultants, or organi- agency. FEINGOLD) submitted the following con- zations thereof (as authorized by section SEC. 2(a). The expenses of the committee current resolution; which was referred 202(i) of the Legislative Reorganization Act for the period of March 1, 2003, through Sep- of 1946, as amended), and (2) not to exceed tember 30, 2003, under this resolution shall to the Committee on the Judiciary: $1,000 may be expended for the training of not exceed $4,605,727, of which amount (1) not S. CON. RES. 8 professional staff of such committee (under to exceed $200,000 may be expended for the Whereas visiting nurse associations (VNAs) procedures specified by section 202(j) of the procurement of the services of individual are nonprofit home health agencies that, for Legislative Reorganization Act of 1946). consultants, or organizations thereof (as au- over 120 years, have been united in their mis- (c) For the period October 1, 2004, through thorized by section 202(i) of the Legislative sion to provide cost-effective and compas- February 28, 2005, expenses of the committee Reorganization Act of 1946, as amended), and sionate home and community-based health under this resolution shall not exceed (2) not to exceed $20,000 may be expended for care to individuals, regardless of the individ- $787,173.00, of which amount (1) no funds may the training of the professional staff of such uals’ condition or ability to pay for services;

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2713 Whereas there are approximately 500 vis- where they want to be—in the comfort S. CON. RES. 9 iting nurse associations, which employ more and security of their own homes. Whereas Ohio was the 17th State to be ad- than 90,000 clinicians, provide health care to Visiting Nurse Associations are non- mitted to the Union and was the first to be more than 4,000,000 people each year, and profit home health agencies that pro- created from the Northwest Territory; provide a critical safety net in communities vide cost-effective and compassionate Whereas the name ‘‘Ohio’’ is derived from by developing a network of community sup- home and community-based health the Iroquois word meaning ‘‘great river’’, report services that enable individuals to live ferring to the Ohio River which forms the independently at home; care to individuals, regardless of their southern and eastern boundaries; Whereas visiting nurse associations have condition or ability to pay for services. Whereas Ohio was the site of battles of the historically served as primary public health VNAs literally created the profession American Indian Wars, French and Indian care providers in their communities, and are and practice of home health care more Wars, Revolutionary War, the War of 1812, today one of the largest providers of mass than one hundred years ago, at a time and the Civil War; immunizations in the medicare program (de- when there were no hospitals in many Whereas in the nineteenth century, Ohio, a livering over 2,500,000 influenza immuniza- communities and patients were cared free State, was an important stop on the Un- tions annually); for at home by families who did the derground Railroad as a destination for more Whereas visiting nurse associations are than 100,000 individuals escaping slavery and often the home health providers of last re- best they could. VNAs made a critical seeking freedom; sort, serving the most chronic of conditions difference to these families, bringing Whereas Ohio, ‘‘The Mother of Presidents’’, (such as congestive heart failure, chronic ob- professional skills into the home to has given eight United States presidents to structive pulmonary disease, AIDS, and care for the patient and support the the Nation, including William Henry Har- quadriplegia) and individuals with the least family. They made a critical difference rison, Ulysses S. Grant, Rutherford B. Hayes, ability to pay for services (more than 50 per- in the late 19th century, and are mak- James A. Garfield, Benjamin Harrison, Wil- cent of all medicaid home health admissions ing a critical difference now as we em- liam McKinley, William H. Taft, and Warren are by visiting nurse associations); bark upon the 21st. G. Harding; Whereas any visiting nurse association VNAs were pioneers in the public Whereas Ohio inventors, including Thomas Edison (incandescent light bulb), Orville and budget surplus is reinvested in supporting health movement, and, in the late the association’s mission through services, Wilbur Wright (first in flight), Henry including charity care, adult day care cen- 1800s, VNA responsiveness meant run- Timken (roller bearings), Charles Kettering ters, wellness clinics, Meals-on-Wheels, and ning milk banks, combating infectious (automobile starter), Charles Goodyear immunization programs; diseases, and providing care for the (process of vulcanizing rubber), Garrett Mor- Whereas visiting nurse associations and poor during massive influenza gan (traffic light), and Roy Plunkett (Teflon) other nonprofit home health agencies care epidemics. Today, that same respon- created the basis for modern living as we for the highest percentage of terminally ill siveness means caring for the depend- know it; and bedridden patients; ent elderly, the chronically disabled, Whereas Ohio, ‘‘The Birthplace of Avia- tion’’, has been home to 24 astronauts, in- Whereas thousands of visiting nurse asso- and the terminally ill—some of our ciation volunteers across the Nation devote cluding John Glenn, Neil Armstrong, and Ju- time serving as individual agency board most vulnerable citizens—and pro- dith Resnick; members, raising funds, visiting patients in viding high-tech services previously Whereas Ohio has a rich sports tradition their homes, assisting in wellness clinics, provided in hospitals, such as venti- and has produced many sports legends, in- and delivering meals to patients; lator care, blood transfusions, pain cluding Annie Oakley, Jesse Owens, Cy Whereas the establishment of an annual management and home chemotherapy. Young, Jack Nicklaus, and Nancy Lopez; National Visiting Nurse Association Week Health care has gone full circle. Pa- Whereas Ohio has produced many distin- would increase public awareness of the char- tients are spending less time in the guished writers, including Harriet Beecher ity-based missions of visiting nurse associa- Stowe, Paul Laurence Dunbar, Toni Morri- hospital. More and more procedures are son, and James Thurber; tions and of their ability to meet the needs being done on an outpatient basis, and of chronically ill and disabled individuals Whereas the agriculture and agribusiness who prefer to live at home rather than in a recovery and care for patients with industry is and has long been the number one nursing home, and would spotlight preven- chronic diseases and conditions has in- industry in Ohio, contributing $73,000,000,000 tive health clinics, adult day care programs, creasingly been taking place in the annually to Ohio’s economy and employing 1 and other customized wellness programs that home. Moreover, the number of Ameri- in 6 Ohioans, and that industry’s tens of meet local community needs; and cans who are chronically ill or disabled thousands of Ohio farmers and 14,000,000 Whereas the second week in May is an ap- acres of Ohio farmland feed the people of the in some way continues to grow each State, the Nation, and the world; propriate week to establish as national Vis- year. Once again, VNAs are making a iting Nurse Association Week: Now, there- Whereas the enduring manufacturing econ- critical difference, providing com- 1 fore, be it omy of Ohio is responsible for ⁄4 of Ohio’s Resolved by the Senate (the House of Rep- prehensive home health services and Gross State Product, provides over one mil- resentatives concurring), That Congress— caring support to patients and their lion well-paying jobs to Ohioans, exports (1) designates the second week in May each families across the country $26,000,000,000 in products to 196 countries, year as ‘‘National Visiting Nurse Association There currently are approximately and provides over $1,000,000,000 in tax reve- Week’’; and 500 VNAs nationwide. Through these nues to local schools and governments; (2) requests that the President issue a Whereas Ohio is home to over 140 colleges exceptional organizations, 90,000 clini- and universities which have made significant proclamation calling upon the people of the cians dedicate their lives to bringing United States to observe the week with ap- contributions to the intellectual life of the propriate ceremonies and activities. health care into the homes of an esti- State and Nation, and continued investment Ms. COLLINS. Mr. President, I am mated three million Americans every in education is Ohio’s promise to future eco- pleased to join my colleague from Wis- year. VNAs are truly the heart of home nomic development in the ‘‘knowledge economy’’ of the 21st century; consin, Senator RUSS FEINGOLD, in sub- care in this country today, and it is time for Congress to recognize the vital Whereas, from its inception, Ohio has been mitting a resolution to establish an an- a prime destination for people from all cor- nual National Visiting Nurse Associa- services that visiting nurses provide to ners of the world, and the rich cultural and tions Week in honor of these health their patients and their families. I urge ethnic heritage that has been interwoven care heroes who are dedicated to serv- my colleagues to join Senator FEIN- into the spirit of the people of Ohio and that ice in the ultimate caring profession. GOLD and me in cosponsoring this reso- enriches Ohio’s communities and the quality The Visiting Nurse Associations, lution establishing an annual National of life of its residents is both a tribute to, Visiting Nurse Associations’ Week. and representative of, the Nation’s diversity; VNAs, of today are founded on the Whereas Ohio will begin celebrations com- principle that people who are sick, dis- memorating its bicentennial on March 1, abled and elderly benefit most from SENATE CONCURRENT RESOLU- 2003, in Chillicothe, the first capital of Ohio; health care when it is offered in their TION 9—RECOGNIZING AND CON- Whereas the bicentennial celebrations will own homes. Home care is an increas- GRATULATING THE STATE OF include Inventing Flight in Dayton (cele- ingly important part of our health care OHIO AND ITS RESIDENTS ON brating the centennial of flight), Tall Ships system today. The kinds of highly THE OCCASION OF THE BICEN- on Lake Erie, Tall Stacks on the Ohio River, skilled—and often technically com- TENNIAL OF ITS FOUNDING Red, White, and Bicentennial Boom in Co- lumbus, and the Bicentennial Wagon Train plex—services that the VNAs provide Mr. VOINOVICH (for himself and Mr. across the State; have enabled millions of our most frail DEWINE) submitted the following con- Whereas Ohio residents will celebrate 2003 and vulnerable patients to avoid hos- current resolution; which was referred as the 200th anniversary of Ohio’s founding: pitals and nursing homes and stay just to the Committee on the Judiciary: Now, therefore, be it

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2714 CONGRESSIONAL RECORD — SENATE February 25, 2003 Resolved by the Senate (the House of Rep- mittee on Energy and Natural Re- The hearing will take place in room resentatives concurring), That Congress— sources be authorized to meet during 216 of the Hart Senate Office Building (1) recognizes and congratulates Ohio and the session of the Senate on Tuesday, at 2 p.m. its residents for their important contribu- February 25 at 10:00 a.m. to consider The PRESIDING OFFICER. Without tions to the economic, social, and cultural development of the United States on the oc- the President’s proposed FY 2004 budg- objection, it is so ordered. casion of the bicentennial of the founding of et for the Department of Energy. SELECT COMMITTEE ON INTELLIGENCE the State of Ohio; and The PRESIDING OFFICER. Without Mr. HATCH. Mr. President, I ask (2) directs the Secretary of the Senate to objection, it is so ordered. unanimous consent that the Select transmit a copy of this concurrent resolu- COMMITTEE ON ENERGY AND NATURAL Committee on Intelligence be author- tion to the Governor of Ohio. RESOURCES ized to meet during the session of the f Mr. HATCH. Mr. President, I ask Senate on Tuesday, February 25, 2003 at NOTICES OF HEARINGS/MEETINGS unanimous consent that the Com- 2:30 p.m. to hold a closed hearing. mittee on Energy and Natural Re- The PRESIDING OFFICER. Without COMMITTEE ON ENERGY AND NATURAL sources be authorized to meet during RESOURCES objection, it is so ordered. the session of the Senate on Tuesday, SUBCOMMITTEE ON NATIONAL PARKS SUBCOMMITTEE ON AVIATION February 25 at 2:00 p.m. to receive tes- Mr. HATCH. Mr. President, I ask Mr. THOMAS. Mr. President, I would timony regarding natural gas supply like to announce for the information of unanimous consent that the Sub- and prices. committee on Aviation be authorized the Senate and the public that the fol- The PRESIDING OFFICER. Without to meet on Tuesday, February 25, 2003, lowing hearing has been scheduled be- objection, it is so ordered. fore the Committee on Energy and Nat- at 9:30 a.m. on FAA reauthorization- COMMITTEE ON FOREIGN RELATIONS ural Resources. airport financing. Mr. HATCH. Mr. President, I ask The hearing will be held on Tuesday, The PRESIDING OFFICER. Without unanimous consent that the Com- March 4th at 2:30 p.m. in Room SD–366. objection, it is so ordered. mittee on Foreign Relations be author- The purpose of this hearing is to re- ized to meet during the session of the f ceive testimony on S. 164, a bill to au- Senate on Tuesday, February 25, 2003, PRIVILEGE OF THE FLOOR thorize the Secretary of the Interior to at 9:30 a.m., to hold a hearing on The conduct a special resource study of Mr. TALENT. I ask unanimous con- State of the World Report on Hunger. sites associated with the life of Ce´sar sent that a member of my staff, Chris- Estrada Cha´ vez and the farm labor AGENDA topher Papagianis, be granted floor privileges. movement; S. 328 a bill to designate Witnesses: Catoctin Mountain Park in the State The PRESIDING OFFICER. Without of Maryland as the ‘‘Catoctin Mountain Panel 1: Mr. James T. Morris, Execu- objection, it is so ordered. National Recreation Area’’, and for tive Director, The World Food Pro- f other purposes; S. 347 a bill to direct gram, United Nations, Rome, Italy; and the Secretary of the Interior and the The Honorable Andrew S. Natsios, Ad- DISCHARGE AND REFERRAL—S. Secretary of Agriculture to conduct a ministrator, U.S. Agency for Inter- RES. 65 AND S. 389 joint special resources study to evalu- national Development, Department of Mr. TALENT. Mr. President, I ask ate the suitability and feasibility of es- State, Washington, DC. unanimous consent that the Judiciary tablishing the Rim of the Valley Cor- Panel 2: Ms. Ellen S. Levinson, Gov- Committee be discharged from further ridor as a unit of the Santa Monica ernment Relations Director, action on S. Res. 65 and that the mat- Mountains National Recreation Area, Cadwalader, Wickersham & Taft, Wash- ter be referred to the Committee on and for other purposes; S. 425 a bill to ington, DC; Mr. Ken Hackett, Execu- Rules and Administration. revise the boundary of the Wind Cave tive Director, Catholic Relief Services, The PRESIDING OFFICER. Without National Park in the State of South Baltimore, MD; and Dr. Joachim Von objection, it is so ordered. Dakota. Braun, Director General, The Inter- Mr. TALENT. Mr. President, I ask Because of the limited time available national Food Policy Research Insti- unanimous consent that the Finance for the hearings, witnesses may testify tute, Washington, DC. Committee be discharged from further by invitation only. However, those The PRESIDING OFFICER. Without consideration of S. 389 and that the bill wishing to submit written testimony objection, it is so ordered. be referred to the Committee on for the hearing record should send two COMMITTEE ON INDIAN AFFAIRS Health, Education, Labor, and Pen- copies of their testimony to the Com- Mr. HATCH. Mr. President, I ask sions. mittee on Energy and Natural Re- unanimous consent that the Com- The PRESIDING OFFICER. Without sources, United States Senate, SD–364, mittee on Indian Affairs be authorized objection, it is so ordered. Washington, D.C. 20510–6150. to meet on Tuesday, February 25, 2003, f For further information, please con- at 9:30 a.m., in Room 485 of the Russell tact: Tom Lillie (202–224–5161) or Pete Senate Office Building to conduct a REMOVAL OF INJUNCTION OF SE- Lucero (202–224–6293). hearing on S. 344, a bill expressing the CRECY—TREATY DOCUMENT 108–3 f policy of the United States regarding Mr. TALENT. Mr. President, as in ex- the United States relationship with ecutive session, I ask unanimous con- AUTHORITY FOR COMMITTEES TO Native Hawaiians and to provide a sent that the injunction of secrecy be MEET process for the recognition by the removed from the following treaty COMMITTEE ON ARMED SERVICES United States of the Native Hawaiian transmitted to the Senate on February Mr. HATCH. Mr. President, I ask governing entity, and for other pur- 25, 2003, by the President of the United unanimous consent that the Com- poses. States: Second Additional Protocol mittee on Armed Services be author- The PRESIDING OFFICER. Without Modifying Convention with Mexico Re- ized to meet during the session of the objection, it is so ordered. garding Double Taxation and Preven- Senate on Tuesday, February 25, 2003, COMMITTEE ON VETERANS’ AFFAIRS tion of Fiscal Evasion, Treaty Docu- at 9:30 a.m., in open and closed session, Mr. HATCH. Mr. President, I ask ment No. 108–3. I further ask unani- to receive testimony on the defense au- unanimous consent that the Com- mous consent that the treaty be con- thorization request for fiscal year 2004 mittee on Veterans’ Affairs be author- sidered as having been read the first and the future years defense program. ized to meet during the session of the time; that it be referred, with accom- The PRESIDING OFFICER. Without Senate on Tuesday, February 25, 2003, panying papers, to the Committee on objection, it is so ordered. for a joint hearing with the House of Foreign Relations and ordered to be COMMITTEE ON ENERGY AND NATURAL Representatives’ Committee on Vet- printed; and that the President’s mes- RESOURCES erans’ Affairs, to hear the legislative sage be printed in the RECORD. Mr. HATCH. Mr. President, I ask presentation of the Disabled American The PRESIDING OFFICER. Without unanimous consent that the Com- Veterans. objection, it is so ordered.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2715

BRIAN E. ANSELMAN, OF TEXAS The message of the President is as the Senate, I ask unanimous consent SARAH LABARRE ANTHES, OF VIRGINIA follows: that the Senate stand in adjournment MARY SUZANNE ARCHULETA, OF COLORADO ROCHELLE MARIE BALOUGH, OF VIRGINIA To the Senate of the United States: under the previous order. WILLIAM R. BARBER, OF MASSACHUSETTS I transmit herewith for Senate advice There being no objection, the Senate, DAVID C. BARNES, OF VIRGINIA at 6:57 p.m., adjourned until Wednes- CHRISTOPHER ALBERT BARON, OF HAWAII and consent to ratification, the Second GINA M. BEANE, OF VIRGINIA day, February 26, 2003, at 9:30 a.m. CLIFF R. BETTS, OF VIRGINIA Additional Protocol that Modifies the CHRISTOPHER WATKINS BISHOP, OF MISSISSIPPI Convention Between the Government f MATTHEW ANDREW BOCKNER, OF THE DISTRICT OF CO- LUMBIA of the United States of America and NOMINATIONS SUZANNE L. BODOIN, OF MASSACHUSETTS the Government of the United Mexican PATRICIA A. BONOCORA, OF VIRGINIA Executive nominations received by WALTER BRAUNOHLER, OF MICHIGAN States for the Avoidance of Double the Senate February 25, 2003: LAURA J. BROWN, OF VIRGINIA Taxation and the Prevention of Fiscal RACHEL BRUNETTE, OF CALIFORNIA NATIONAL COUNCIL ON DISABILITY DOUGLAS CAREY, OF NEW MEXICO Evasion with Respect to Taxes on In- VINAY CHAWLA, OF NEW JERSEY come, signed at Mexico City on Novem- ANNE RADER, OF VIRGINIA, TO BE A MEMBER OF THE LIZA K. CHING, OF CALIFORNIA NATIONAL COUNCIL ON DISABILITY FOR A TERM EXPIR- AMY L. CHRISTIANSON, OF VIRGINIA ber 26, 2002. I also transmit, for the in- ING SEPTEMBER 17, 2004, VICE KATE PEW WOLTERS, MICHAEL A. CLASSICK, OF OREGON TERM EXPIRED. MICHAEL CLAUSEN, OF NEW YORK formation of the Senate, the report of CAROLYN HOPE COBERLY, OF THE DISTRICT OF COLUM- the Department of State concerning UNITED STATES TAX COURT BIA DIANE L. KROUPA, OF MINNESOTA, TO BE A JUDGE OF ANNE SOPHIE COLEMAN, OF ILLINOIS the proposed Protocol. CHRISTINA K. COLLINS, OF VIRGINIA THE UNITED STATES TAX COURT FOR A TERM OF FIF- PATRICK DANIEL CONNELL, OF MASSACHUSETTS The Convention, as amended by the TEEN YEARS, VICE ROBERT P. RUWE, TERM EXPIRED. ROSE CHUPKA COOKMAN, OF VIRGINIA MARK VAN DYKE HOLMES, OF NEW YORK, TO BE A proposed Protocol, would be similar to PAUL M. CUNNINGHAM, OF CONNECTICUT JUDGE OF THE UNITED STATES TAX COURT FOR A TERM DAVID J. DALY, OF VIRGINIA tax treaties between the United States OF FIFTEEN YEARS, VICE JULIAN L. JACOBS, TERM EX- SARAH R. DELL, OF VIRGINIA PIRED. and other developed nations. It would LOREN DENT, OF VIRGINIA provide maximum rates of tax to be ap- DEPARTMENT OF STATE MARSHALL CLARK DERKS, OF VIRGINIA REBEKAH DRAME, OF CALIFORNIA plied to various types of income and GREGORY W. ENGLE, OF COLORADO, A CAREER MEM- SUNNYE C. DURHAM, OF VIRGINIA protection from double taxation of in- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- T. ALAN ELROD, OF WYOMING ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- SARAH R. ELSBERG, OF COLORADO come. The Protocol was concluded in DINARY AND PLENIPOTENTIARY OF THE UNITED STATES TIMOTHY EYDELNANT, OF NEW YORK recognition of the importance of the OF AMERICA TO THE TOGOLESE REPUBLIC. ERIC G. FLAXMAN, OF TEXAS ERIC S. EDELMAN, OF VIRGINIA, A CAREER MEMBER OF MORGAN LYNN FLO, OF VIRGINIA United States economic relations with THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- PETER JAMES GANSER, OF VIRGINIA Mexico. COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND THOMAS GARCIA, OF VIRGINIA PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA MATTHEW GARDNER, OF THE DISTRICT OF COLUMBIA I recommend that the Senate give TO THE REPUBLIC OF TURKEY. ERIC GEELAN, OF NEW YORK KATHLEEN D. GIBILISCO, OF CALIFORNIA early and favorable consideration to FOREIGN SERVICE this Protocol, and that the Senate give JOHN H. GIMBEL IV, OF NEVADA FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF JENNIFER CORNEY GOFF, OF VIRGINIA its advice and consent to ratification. CLASS THREE, CONSULAR OFFICER AND SECRETARY IN DIANE G. GORDON, OF MARYLAND THE DIPLOMATIC SERVICE OF THE UNITED STATES OF NIKOLAS E. GRANGER, OF WASHINGTON f AMERICA: CHRISTOPHER R. GREEN, OF TEXAS TRAVER GUDIE, OF ARIZONA ORDERS FOR WEDNESDAY, DEPARTMENT OF STATE JONATHAN ALEXANDER HABJAN, OF CALIFORNIA JASON EDWARD HAHN, OF NEW YORK FEBRUARY 26, 2003 LOUISE BRANDT BIGOTT, OF ILLINOIS CHARLES JEFFREY HAMILTON, OF UTAH FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF DARRIEN SCOTT HANEY, OF TEXAS Mr. TALENT. Mr. President, I ask CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN RICHARD F. HANRAHAN JR., OF ILLINOIS unanimous consent that when the Sen- THE DIPLOMATIC SERVICE OF THE UNITED STATES OF GARY HARRINGTON, OF KENTUCKY AMERICA: MICHAEL V. HAYDEN JR., OF VIRGINIA ate completes its business today, it LESLIE DIANE HEATH, OF TEXAS stand in adjournment until 9:30 a.m., DEPARTMENT OF STATE INGA HEEMINK, OF TEXAS LAWRENCE R. HENDERSON, OF VIRGINIA Wednesday, February 26. I further ask JESSAMYN FAY ALLEN, OF TEXAS ROBERT C. HOBACK, OF VIRGINIA unanimous consent that following the ARNALDO ARBESU ARBESU JR., OF FLORIDA ELEANOR C. HODGES, OF VIRGINIA DAVID ASHLEY BAGWELL JR., OF ALABAMA ROBERT F. HOMMOWUN, OF CALIFORNIA prayer and pledge, the morning hour be GREGORY W. BAYER, OF CONNECTICUT D. IAN HOPPER, OF VIRGINIA deemed expired, the Journal of pro- MITCHELL PETER BENEDICT, OF VIRGINIA AARON E. HUDSON, OF VIRGINIA NICHOLAS RICHARD BERLINER, OF CONNECTICUT JOHN J. IBARRA, OF TEXAS ceedings be approved to date, the time AUDU MARK E. BESMER, OF CONNECTICUT ROBERT M. JENKINS, OF VIRGINIA for the two leaders be reserved for their LEE RUST BROWN, OF UTAH JOHN E. JOHNSON, OF WASHINGTON AMY CHRISTINE CARLON, OF TEXAS KAREN M. JOYCE, OF CALIFORNIA use later in the day, and the Senate re- ELIZABETH EMILY DETTER, OF MARYLAND DEBORAH J. KANAREK, OF CALIFORNIA turn to executive session and resume ROBERT ANDREW DICKSON III, OF VIRGINIA JAMES DAVID KAY, OF WASHINGTON MATTHEW S. DOLBOW, OF CONNECTICUT MARK EVANS KENDRICK, OF TEXAS consideration of the nomination of J. BRIAN DUGGAN, OF TEXAS WENDY ANNE KENNEDY, OF WASHINGTON Miguel Estrada to be a circuit judge for JOHN LEE ESPINOZA, OF TEXAS BRIAN P. KLEIN, OF VIRGINIA JAMES DOUGLAS FELLOWS, OF MARYLAND STEPHEN CHRISTIAN KOCHUBA, OF PENNSYLVANIA the DC Circuit. ROBERT WILLIAM GERBER, OF NORTH CAROLINA ERIN ELIZABETH KOTHEIMER, OF NEW YORK The PRESIDING OFFICER. Without CYNTHIA F. GREGG, OF WASHINGTON SANDRA ANNE LABARGE, OF WASHINGTON KEITH LEE HEFFERN, OF VIRGINIA SARAH LAGIER, OF VIRGINIA objection, it is so ordered. J. DENVER HERREN, OF OKLAHOMA MICHAEL LARRALDE, OF VIRGINIA WILLIAM DENNIS HOWARD, OF CALIFORNIA RACHEL LEATHAM, OF THE DISTRICT OF COLUMBIA f NATHANIEL GRAHAM JENSEN, OF NEW HAMPSHIRE ROSABELLE T. LEGRAND, OF VIRGINIA WILLIAM B. JOHNSON, OF FLORIDA AMY CATHERINE LENK, OF MINNESOTA PROGRAM ROBERT E. KEMP, OF TEXAS JAMES V. LIDDLE, OF THE DISTRICT OF COLUMBIA HELEN GRACE LAFAVE, OF NEW HAMPSHIRE AARON LUSTER, OF ARKANSAS Mr. TALENT. Mr. President, on be- MICHAEL JOHN LAYNE, OF NEW YORK KENNETH R. MAYER, OF VIRGINIA half of the majority leader, and for the THOMAS ERIC LERSTEN, OF VIRGINIA TIFFANY LAVERN MCGRIFF, OF NEW JERSEY AMY MARIE MASON, OF MAINE PATRICIA ANN MEEKS, OF VIRGINIA information of all Senators, tomorrow MIKAEL C. MCCOWAN, OF NEW YORK TETA MARIA MOEHS, OF VIRGINIA the Senate will begin its 10th day of KIMBERLY A. MCDONALD, OF VIRGINIA DANIELLE MONOSSON, OF CALIFORNIA JONATHAN ROBERT MENNUTI, OF VIRGINIA MICHAEL J. MORELL, OF VIRGINIA consideration of the Estrada nomina- JOAQUIN MONSERRATE-PENAGARICANO, OF FLORIDA NINA MORRIS, OF THE DISTRICT OF COLUMBIA tion. Unfortunately, my colleagues on GLENN CARLYLE NYE III, OF VIRGINIA MICHAEL A. MULIERI, OF MARYLAND JENNIFER L. RASAMIMANANA, OF CALIFORNIA NICHOLAS S. NAMBA, OF CONNECTICUT the other side of the aisle continue to ARLISS MERRITT REYNOLDS, OF ARIZONA BRIANA LEIGH OLSEN, OF WASHINGTON prevent us from proceeding to a final KAREN E. ROBBLEE, OF NEW YORK SUSAN M. ORR, OF MARYLAND ROBERT C. RUEHLE, OF NEW YORK CLARE O’SULLIVAN, OF VIRGINIA vote on this extremely talented and EUGENIA MARIA SIDEREAS, OF ILLINOIS DANTE PARADISO, OF MASSACHUSETTS well-qualified nominee. The majority LONNIE REECE SMYTH JR., OF TEXAS CAROLINE G. PERKINS, OF VIRGINIA CAROL J. VOLK, OF NEW YORK LAURA SUZANNE PERKINS, OF THE DISTRICT OF COLUM- leader has said Members should prepare AMY HART VRAMPAS, OF FLORIDA BIA for full days and evenings as we hope to CHARLES A. WINTERMEYER JR., OF WASHINGTON AMANDA PILZ, OF CALIFORNIA KAMI ANN WITMER, OF PENNSYLVANIA JOSEPH PORTO, OF VIRGINIA bring to a close debate on this nomina- JENNIFER FOREST YANG, OF CALIFORNIA LINDA J. POTOTSKY, OF VIRGINIA tion. Rollcall votes are, therefore, ex- ZAID ABDULLAH ZAID, OF MARYLAND JAMES H. POTTS, OF VIRGINIA THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN SUZANA PSENICNIK, OF CALIFORNIA pected during tomorrow’s session. SERVICE OF THE DEPARTMENT OF STATE AND COM- MICHELE RAFFINO, OF VIRGINIA JAY R. RAMAN, OF THE DISTRICT OF COLUMBIA f MERCE TO BE CONSULAR OFFICERS AND/OR SECRE- TARIES IN THE DIPLOMATIC SERVICE OF THE UNITED CHRISTOPHER RICHARD REYNOLDS, OF NEW JERSEY STATES OF AMERICA, AS INDICATED: JENNIFER THERESA ROBINSON, OF VIRGINIA ADJOURNMENT UNTIL 9:30 A.M. CONSULAR OFFICERS AND SECRETARIES IN THE DIP- CARLOS G. SALAS, OF VIRGINIA TOMORROW LOMATIC SERVICE OF THE UNITED STATES OF AMERICA: AARON BEERS SAMPSON, OF MINNESOTA JOSEPH KEIJI SAUS, OF VIRGINIA Mr. TALENT. Mr. President, if there MARC SAMUEL ABRAMSON, OF MASSACHUSETTS JULIE P. SEIBERT, OF THE DISTRICT OF COLUMBIA JOHN GRAHAM ALEXANDER, OF VIRGINIA TARYN L. SEYER, OF VIRGINIA is no further business to come before STEFANIE RAQUEL ALTMAN, OF VIRGINIA THEODORE J. SILVER, OF VIRGINIA

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 9801 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2716 CONGRESSIONAL RECORD — SENATE February 25, 2003

BARRY W. SLIWINSKI, OF MARYLAND IN THE AIR FORCE REX E. ADEE, 0000 JEFFREY B. SMITH, OF TEXAS KEVIN P. ADELSEN, 0000 ALEXANDRIA MAURY STABLER, OF NEW YORK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ANDREW J. ADRIAN, 0000 CHAD I. STEVENS, OF THE DISTRICT OF COLUMBIA TO THE GRADE INDICATED IN THE UNITED STATES AIR ROY ALAN C. AGUSTIN, 0000 JACK D. SUGARMAN, OF VIRGINIA FORCE UNDER TITLE 10, U.S.C., SECTION 624: STEPHEN AHRENS, 0000 DAVID S. SYRVALIN, OF VIRGINIA DERRICK A. AIKEN, 0000 NILS E. TALBOT, OF VIRGINIA To be colonel ARCADIO ALANIZ JR., 0000 SUSAN R. ALANIZ, 0000 ERIC H. TRAUPE, OF VIRGINIA JOYCE A. ADKINS, 0000 TERESA M. ALESCH, 0000 NATHANIEL S. TURNER, OF MARYLAND DOUGLAS A. APSEY, 0000 JAMES E. ALEXANDER, 0000 SONIA FRANCELA URBOM, OF WASHINGTON RICHARD A. ASHWORTH, 0000 WILLIAM S. ALEXANDER, 0000 CALVIN F. VAN OURKERK, OF WASHINGTON JEFFREY L. BRYANT, 0000 ALEE R. ALI, 0000 NEAL VERMILLION, OF WISCONSIN MARIEJOCELYNE CHARLES, 0000 RODGER C. ALLEM, 0000 MICHAEL A. VIA, OF ARIZONA ALAN L. DOERMAN, 0000 DIANE BREIVIK ALLEN, 0000 ERIKA VILLEGAS, OF THE DISTRICT OF COLUMBIA HOWARD T. HAYES, 0000 JAMES T. ALLEN, 0000 TANYA GANT WARD, OF WASHINGTON KIRK C. MAYNARD, 0000 JENNIFER D. WASHELESKI, OF THE DISTRICT OF COLUM- JONAS C. ALLMAN, 0000 ANTHONY F. OKOREN JR., 0000 MATTHEW G. ANDERER, 0000 BIA THOMAS M. RICE, 0000 DRAKE WEISERT, OF VIRGINIA WILLIAM D. ANDERSEN, 0000 PHIL L. SAMPLES, 0000 ALBERT J. ANDERSON, 0000 ADAM P. WEST, OF ILLINOIS SEAN P. SCULLY, 0000 WILLIAM WARTHEN WHITAKER, OF ALASKA BRUCE P. ANDERSON, 0000 DANNY G. SEANGER, 0000 DAVID J. ANDERSON, 0000 DAVID SIDNEY WILLIAMS, OF CALIFORNIA STEVEN A. WILSON, 0000 KENNETH E. WILLIAMS, OF VIRGINIA DAVID T. ANDERSON, 0000 DALE RICHARD WRIGHT, OF CALIFORNIA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DONALD R. ANDERSON, 0000 NOELLE O. WRIGHT-YOUNG, OF MARYLAND TO THE GRADE INDICATED IN THE UNITED STATES AIR EUGENE S. ANDERSON, 0000 FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED JEFFREY L. ANDERSON, 0000 THE FOLLOWING-NAMED CAREER MEMBERS OF FOR- BY AN ASTERISK (*) UNDER TITLE 10, U.S.C., SECTIONS 624 JOHN H. ANDERSON, 0000 JON K. ANDERSON, 0000 EIGN SERVICE OF THE DEPARTMENT OF STATE FOR PRO- AND 531: MOTION IN THE SENIOR FOREIGN SERVICE TO THE CLASS THEODORE B. ANDERSON, 0000 INDICATED: To be lieutenant colonel THOMAS M. ANDERSON, 0000 CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, TIMOTHY A. ANDERSON, 0000 CLASS OF COUNSELOR, AND CONSULAR OFFICERS AND PAUL L. CANNON, 0000 TIMOTHY J. ANDERSON, 0000 SECRETARIES IN THE DIPLOMATIC SERVICE OF THE CHARLES N. DAVIDSON, 0000 TERENCE S. ANDRE, 0000 UNITED STATES OF AMERICA: NORMAN DESROSIERS JR., 0000 MICHAEL J. ANGWIN, 0000 IRA M. FLAX, 0000 RICHARD J. ANTOLIK JR., 0000 DEPARTMENT OF STATE ROBERT A. GALLAGHER, 0000 TIMOTHY M. APPLEGATE, 0000 DANA E. GROVER, 0000 BRENDA S. ARMSTRONG, 0000 WALTER B. DEERING, OF FLORIDA RICHARD M. HALL, 0000 DIANE M. ARNOLD, 0000 GARY S. * LINSKY, 0000 MICHAEL J. ARNOLD, 0000 CAREER MEMBER OF THE SENIOR FOREIGN SERVICE MICHAEL J. LOVETT, 0000 MARVIN A. AROSTEGUI, 0000 OF THE UNITED STATES OF AMERICA, CLASS OF COUN- STEVEN A. SCHAICK, 0000 WILLIAM C. ARTHUR, 0000 SELOR: CASSANDRA O. THOMAS, 0000 CHRISTINE H. ASHENFELTER, 0000 DEPARTMENT OF STATE RONALD UNDERWOOD, 0000 JOHN M. ASKEW, 0000 CHERRI S. WHEELER, 0000 CHRISTOPHER L. ATTEBERRY, 0000 KATHLEEN HATCH ALLEGRONE, OF VIRGINIA FRANK A. YERKES JR., 0000 GREG H. AULD, 0000 KURT L. AUSTIN, 0000 THE FOLLOWING-NAMED CAREER MEMBER OF THE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARK A. AUSTIN, 0000 SENIOR FOREIGN SERVICE OF THE AGENCY FOR INTER- TO THE GRADE INDICATED IN THE UNITED STATES AIR MARK A. AVERY, 0000 NATIONAL DEVELOPMENT FOR PROMOTION WITHIN THE FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED DAVID S. BABYAK, 0000 SENIOR FOREIGN SERVICE TO THE CLASS INDICATED: BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS STEVEN E. BACHELOR, 0000 CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE 624 AND 531: DAVID M. BACHLER, 0000 OF THE UNITED STATES OF AMERICA, CLASS OF CA- To be lieutenant colonel KENNETH W. BACKES, 0000 REER-MINISTER: THOMAS N. BAILEY, 0000 TONI CHRISTIANSEN-WAGNER, OF COLORADO MARTIN ALEXIS, 0000 MARK A. BAIRD, 0000 RONNY G. ALFORD, 0000 MATTHEW C. BAKER, 0000 CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE DANIEL H. ATCHLEY, 0000 CHRISTOPHER P. BAKKE, 0000 OF THE UNITED STATES OF AMERICA, CLASS OF MIN- STEVEN E. BLACK, 0000 REGIS J. BALDAUFF, 0000 ISTER-COUNSELOR: STEVEN J. BYRNES, 0000 DAVID D. BALDESSARI, 0000 ANNE H. AARNES, OF WASHINGTON PATRICK J. CLARK, 0000 RICHARD L. BALTES, 0000 HILDA MARIE ARELLANO, OF TEXAS JANELLE E. COSTA, 0000 MATTHEW W. BAMPTON, 0000 LILIANA AYALDE, OF MARYLAND STEVEN D. DAMANDA, 0000 NEAL L. BANIK, 0000 JONATHAN M. CONLY, OF VIRGINIA ROBERT A. DAWSON, 0000 DARWYN O. BANKS, 0000 J. MICHAEL DEAL, OF CALIFORNIA JAMES H. DIENST, 0000 GEORGE A. BARBER JR., 0000 KENNETH C. ELLIS, OF VIRGINIA TRACY G. DILLINGER, 0000 DIETER E. BAREIHS, 0000 DAWN M. LIBERI, OF FLORIDA DEBORAH A. DOWNES, 0000 JAMES E. BARGER, 0000 KIERTISAK TOH, OF VIRGINIA DAVID DUQUE, 0000 DAVID R. BARKDULL, 0000 RICHARD W. FARNUM, 0000 BARRY K. BARKER, 0000 KAREN L. BARLOW, 0000 THE FOLLOWING-NAMED CAREER MEMBERS OF THE JERRI L. FLETCHER, 0000 THOMAS E. BARRETT III, 0000 FOREIGN SERVICE OF THE AGENCY FOR INTERNATIONAL JOSE M. FONSECA RIVERA, 0000 WILLIAM M. BARRETT, 0000 DEVELOPMENT FOR PROMOTION INTO THE SENIOR FOR- PAUL R. GARDETTO, 0000 GEORGE C. BARTH, 0000 EIGN SERVICE TO THE CLASS INDICATED: JEFFREY C. GILLEN, 0000 ALEXANDER R. BARTHE, 0000 CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE FRANK A. GLENN, 0000 FRANCESCA BARTHOLOMEW, 0000 OF THE UNITED STATES OF AMERICA, CLASS OF COUN- FRANK J. GODSHALL, 0000 PHILIP J. BARTON, 0000 SELOR: MARY K. * GOOD, 0000 ALAN J. BARYS, 0000 DAVID RUSSELL ADAMS, OF VIRGINIA LARRY D. GUDGEL, 0000 EDWARD J. BASNETT, 0000 JONATHAN STUART ADDLETON, OF FLORIDA ROBERT C. HALL, 0000 HARIDEV S. BASUDEV, 0000 DARRYL T. BURRIS, OF FLORIDA DAVID A. HAMMIEL, 0000 RONALD J. BATTERSBY, 0000 LETITIA KELLY BUTLER, OF TEXAS JAMES T. HARCARIK, 0000 KENNETH J. BAUER, 0000 PAUL G. EHMER, OF WASHINGTON KAREN M. HOUSE, 0000 MICHAEL J. BAUER, 0000 PATRICK C. FLEURET, OF VIRGINIA JEFFERY A. JOHNSON, 0000 PAUL D. BAUER, 0000 WILLIAM HAMMINK, OF FLORIDA WILLIAM A. KIEFFER, 0000 JAMES R. BAUMGARDNER, 0000 DAVID WILLIAMS HESS, OF CALIFORNIA MICHAEL T. KINDT, 0000 PATRICK J. BAUMHOVER, 0000 JAY KNOTT, OF OREGON ANDREA R. KRULL, 0000 EDWIN S. BAYBA, 0000 HARRY M. LIGHTFOOT SR., OF MARYLAND RANDALL L. * LANGSTEN, 0000 JOHN T. BAYNES JR., 0000 ALEXANDRIA LEE PANEHAL, OF OHIO WENDY M. LARSON, 0000 LONNY E. BEAL, 0000 RUDOLPH THOMAS, OF VIRGINIA SUBRINA V. S. LINSCOMB, 0000 ALAN K. BEATY, 0000 ANTHONY N. VANCE, OF VIRGINIA MEGAN MCCORMICK, 0000 JOHN P. BEAUCHEMIN, 0000 PAUL E. WEISENFELD, OF THE DISTRICT OF COLUMBIA NAOMI P. MCMILLAN, 0000 THOMAS BECHT, 0000 PAMELA A. WHITE, OF VIRGINIA JAMES A. MULLINS, 0000 ROBERT D. BECKEL JR., 0000 TIMOTHY D. * NELSON, 0000 DAVID T. BECKWITH, 0000 THE FOLLOWING-NAMED CAREER MEMBER OF THE HANS V. RITSCHARD, 0000 MARK BEDNAR, 0000 FOREIGN SERVICE OF THE AGENCY FOR INTERNATIONAL CHRISTOPHER S. ROBINSON, 0000 MARY A. BEHNE, 0000 DEVELOPMENT FOR PROMOTION INTO THE SENIOR FOR- JOSEPH S. ROGERS, 0000 THOMAS W. BEHNKE, 0000 EIGN SERVICE TO THE CLASS INDICATED: SHELIA P. SCOTT NEUMANN, 0000 JON A. BELIVEAU, 0000 CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, SCOTT C. G. SHEPARD, 0000 GARY W. BELL, 0000 CLASS OF COUNSELOR, AND CONSULAR OFFICER AND LEE D. SHIBLEY, 0000 DONALD F. BELLINGHAUSEN, 0000 SECRETARY IN THE DIPLOMATIC SERVICE OF THE ROBERT L. TAYLOR JR., 0000 BARRY D. BENNETT JR., 0000 UNITED STATES OF AMERICA: ANGELA V. THRASHER, 0000 CLAY BENTON, 0000 EDWARD W. BIRGELLS, OF TEXAS JOSEPH G. WEAVER, 0000 CHRISTOPHER A. BERES, 0000 PATRICIA K. WELCH, 0000 BRETT E. BERG, 0000 IN THE COAST GUARD KRISTA K. WENZEL, 0000 CRAIG N. BERG, 0000 KERSHAW L. WESTON, 0000 MITCH L. BERGER, 0000 UNDER SECTION 188, TITLE 14, U.S. CODE, THE FOL- PAUL G. WILSON, 0000 WILLIE A. BERGES, 0000 LOWING NAMED OFFICERS OF THE UNITED STATES JEROME E. WIZDA, 0000 WILLIAM S. BERNER, 0000 COAST GUARD TO BE MEMBERS OF THE PERMANENT MICHAEL C. BERNERT, 0000 COMMISSIONED TEACHING STAFF OF THE COAST GUARD THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES B. BERRY, 0000 ACADEMY IN THE GRADES INDICATED: TO THE GRADE INDICATED IN THE UNITED STATES AIR LAURA W. BERRY, 0000 To be commander FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED WILLIAM A. BERRY, 0000 BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS JOSEPH J. BERTE III, 0000 PAUL S. SZWED, 0000 624 AND 531: DAVID ALLEN BETHANY, 0000 To be lieutenant colonel MICHAEL P. BETTNER, 0000 To be lieutenant commander PAUL E. BIANCHI, 0000 JOHN J. ABBATIELLO, 0000 JOHN D. BIEGGER, 0000 MELINDA D. MCGURER, 0000 KENNETH F. ABEL, 0000 BRENT D. BIGGER, 0000 BRIGID M. PAVILONIS, 0000 DAVID ABERCROMBIE, 0000 BRADFORD LEE BINGAMAN, 0000 To be lieutenant MARK A. ABRAMSON, 0000 DANIEL J. BIRRENKOTT, 0000 DALE R. ADDINGTON, 0000 ROBERT J. BLAIR II, 0000 DARELL SINGLETERRY, 0000 MICHAEL A. ADDISON JR., 0000 ROBERT B. BLANKE, 0000

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 9801 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2717

DAVID P. BLANKS, 0000 GREGORY S. CLAWSON, 0000 THOMAS R. DOSTER, 0000 DAVID W. BLIESNER, 0000 TIMOTHY R. CLAYTON, 0000 ANTONIO T. DOUGLAS, 0000 SONNY P. BLINKINSOP, 0000 PETER C. CLEMENT, 0000 ROBERT A. DOUGLAS, 0000 PETER J. BLOOM, 0000 JOSEPH G. * CLEMONS, 0000 JAMES K. DRAKE, 0000 ROBERT S. BLUE, 0000 ROBERT V. I. CLEWIS, 0000 WILLIAM D. DRIES JR., 0000 KENNETH G. BOCK, 0000 NEAL A. CLINEHENS, 0000 DANIEL A. DRISCOLL, 0000 ERIC A. BOE, 0000 STEPHEN D. CLUTTER, 0000 MERVIN C. DRISKELL, 0000 ROBERT BOLHA, 0000 KENNETH E. COBURN, 0000 JOHN F. DROHAN, 0000 JOHN A. BOLIN, 0000 GEORGE A. COGGINS, 0000 KENNETH E. DUCK, 0000 BRADLEY J. BOLSTAD, 0000 MARK A. COLBERT, 0000 JAMES R. DUDLEY, 0000 CRAIG L. BOMBERG, 0000 ROBERT M. COLEMAN, 0000 VALERIE LYNN DUFFY, 0000 MILDRED E. BONILLALUCIA, 0000 MICHAEL L. COLLAT, 0000 STERLING K. DUGGER, 0000 JOE B. BONORDEN, 0000 THOMAS J. CONNARE, 0000 ANDREW G. DUNNAM, 0000 KEITH P. BOONE, 0000 MARK S. CONNOLLY, 0000 ERIN B. DURHAM, 0000 DAVID M. BOOTS, 0000 ROFTIEL CONSTANTINE, 0000 STEVEN A. DUTKUS SR., 0000 STEVEN M. BORDEN, 0000 RICHARD H. CONVERSE, 0000 DUNCAN A. DVERSDALL, 0000 LINDSEY J. BORG, 0000 KATHLEEN A. COOK, 0000 MICHAEL J. DWYER, 0000 LAURENCE C. BOSTROM, 0000 DOUGLAS E. COOL, 0000 ANDREW R. BOUCK, 0000 JACK R. COOLEY, 0000 DAVID B. EASLEY, 0000 SCOTT J. BOURGEOIS, 0000 MARY M. COOLEY, 0000 ROBERT M. EATMAN, 0000 MARK A. BOVA, 0000 WILLIAM T. COOLEY, 0000 JAMES DAVID EATON III, 0000 DAVID E. BOYER, 0000 JAMES M. COON, 0000 PAUL B. EBERHART, 0000 KEITH M. BOYER, 0000 TIMOTHY M. COONS, 0000 JUAN C. ECHEVERRY, 0000 WILLIAM D. BRACKEN, 0000 GARY L. COOPER II, 0000 JAMES R. ECHOLS, 0000 MARK T. BRADLEY, 0000 THEODORE A. CORALLO, 0000 JAMES K. ECK, 0000 MICHAEL H. BRADY, 0000 HERBERT L. CORK III, 0000 JAMES E. EDMONDS, 0000 MICHAEL D. BRAMHALL, 0000 KAREN M. CORRENTE, 0000 GLORIA J. EDWARDS, 0000 MATTHEW C. BRAND, 0000 ROBERT COSTA, 0000 TRENT H. EDWARDS, 0000 RICHARD H. BRANNAN JR., 0000 DANIEL S. COSTELLO JR., 0000 ROBERT S. EHLERS JR., 0000 JEFFREY G. BRANTING, 0000 JOHN E. COULAHAN JR., 0000 DAVID G. EHRHARD, 0000 DAVID SCOTT BREED, 0000 RONALD C. COURNOYER, 0000 LAWRENCE A. EICHHORN, 0000 MACK L. BREELAND, 0000 SHANE P. COURVILLE, 0000 TIMOTHY A. EICHHORN, 0000 JOHN M. BRIGHT, 0000 RICHARD A. COVENO, 0000 MARK H. EICHIN, 0000 KENNETH W. BROCKMANN, 0000 JEFFREY L. COWAN, 0000 JOHN T. EICHNER, 0000 SEAN C. BRODERICK, 0000 STEVEN A. COWLES, 0000 LINDA L. EISEL, 0000 JOHN P. BROOKER, 0000 DOUGLAS A. COX, 0000 GOLDA T. ELDRIDGE JR., 0000 KEVIN B. BROOKER, 0000 JAMES H. CRAFT, 0000 GEOFFREY S. ELLAZAR JR., 0000 GARY S. BROOKS, 0000 KENNETH B. CRAIB JR., 0000 RAYMOND A. ELLIOTT, 0000 HAROLD E. BROSOFSKY, 0000 KEVIN L. CRAIG, 0000 PATRICK M. ELLIS, 0000 BYRON K. BROUSSARD, 0000 GEORGE S. CRAWFORD, 0000 WILLIAM A. ELLIS, 0000 BENJAMIN B. BROWN, 0000 BRET A. CRENWELGE, 0000 CARSON A. ELMORE, 0000 CYNTHIA ANN THON BROWN, 0000 RORY C. CREWS, 0000 ALBERT M. ELTON II, 0000 EDWARD R. BROWN, 0000 ANDREW A. CROFT, 0000 KIRK E. EMIG, 0000 ELIZABETH A. BROWN, 0000 YELLIXA Z. CRUZ, 0000 TODD W. ENDERSON, 0000 ERIC D. BROWN, 0000 STEVEN R. CSABAI, 0000 SCOTT A. ENOLD, 0000 JEFFREY D. BROWN, 0000 EARL F. CULEK, 0000 JERI A. ERGINKARA, 0000 JEFFREY G. BROWN, 0000 JAMES P. CUMMINGS, 0000 MARK A. ERICKSON, 0000 LAWRENCE E. BROWN, 0000 CHARLES J. CUNNINGHAM, 0000 BLAINE E. ESCOE, 0000 MARK W. BROWN, 0000 HARMON H. CURRY JR., 0000 ROBERT P. ESSAD, 0000 MICHAEL A. BROWN, 0000 HENRY L. CYR, 0000 ROBERT E. EUBANKS, 0000 STEPHEN E. BROWN, 0000 MARK G. CZELUSTA, 0000 DAVID P. EVANS, 0000 BRENTON L. BROWNING, 0000 DAVID W. CZZOWITZ, 0000 MATTHEW E. EVANS, 0000 STEPHEN M. BROWNING, 0000 DANNY P. DAGHER, 0000 TODD R. EVANS, 0000 JAY E. BRUHL, 0000 DAVID H. DAHL, 0000 ROBERT S. FANEUFF, 0000 LAWRENCE A. BRUNDIDGE, 0000 MILES D. DAHLBY, 0000 JOYCE D. FARAH, 0000 ARCHIBALD E. BRUNS, 0000 PETER J. DAHLIN, 0000 GEORGE R. FARFOUR, 0000 JAMES W. BRUNS, 0000 STEPHEN M. DALE, 0000 ALAN R. BUCK, 0000 JOHN V. DALLIN III, 0000 PAUL M. FARKAS, 0000 RONALD D. BUCKLEY, 0000 MARK T. DAMIANO, 0000 TIMOTHY A. FARRELL, 0000 JOHN T. BUDD, 0000 PETER DAMICO, 0000 WILLIAM E. FARRELL, 0000 ERIC N. BUECHELE, 0000 THOMAS E. DANEK JR., 0000 JEFFREY E. FASON, 0000 SHERRY M. BUNCH, 0000 GARY R. DANIELSON, 0000 ROBERT S. FAULK JR., 0000 SUZANNE C. BUONO, 0000 MARK S. DANIGOLE, 0000 SCOTT A. FAWAZ, 0000 RANDALL D. BURKE, 0000 ELISA L. DANTONIO, 0000 RUSSELL D. FELLERS, 0000 ALAN R. BURKET, 0000 PHILIPPE R. DARCY, 0000 JAMES A. FELLOWS, 0000 ROLANDA BURNETT, 0000 MICHAEL J. DARGENIO, 0000 TIMOTHY J. FENNELL, 0000 JOHN P. BURNS, 0000 CHARLES W. DARNELL JR., 0000 SCOTT A. FENSTERMAKER, 0000 MICHAEL R. BURTON, 0000 KEITH R. DASTUR, 0000 MICHAEL A. FERRIS, 0000 JOHN M. BUSCH, 0000 KELLIE L. DAVILA MARTINEZ, 0000 JOSEPH T. FETSCH, 0000 WILLIAM C. BUSCH, 0000 BRADFORD C. DAVIS, 0000 DIANE C. FICKE, 0000 RHETT L. BUTLER, 0000 JAMES A. DAVIS, 0000 CHRISTOPHER E. FINDALL, 0000 ARTURO M. BUXO, 0000 KATHY B. DAVIS, 0000 MERRILL P. FINK, 0000 DEBORAH A. CAFARELLI, 0000 MICHEAL D. DAVIS, 0000 CHARLES E. FIQUETT, 0000 DAVID A. CAFFEE, 0000 REGINALD F. DAVIS, 0000 BRADLEY J. FISHEL, 0000 JOSEPH H. CAGLE, 0000 RICKY A. DAVIS, 0000 TYRON FISHER, 0000 SCOTT E. CAINE, 0000 ROBERT D. DAVIS, 0000 WILLIAM D. FISHER, 0000 KATHLEEN D. CALLAHAN, 0000 ROBERT R. DAVIS, 0000 PHILIP R. FITTANTE, 0000 PAUL M. CALTAGIRONE, 0000 STEPHEN L. DAVIS, 0000 ROBERT P. FLEISHAUER, 0000 DAWN M. CAMPBELL CURRIE, 0000 MICHAEL T. DAVISON, 0000 KEITH W. FLETCHER, 0000 JOHN J. CAPOBIANCO, 0000 AMY L. DAYTON, 0000 LEE A. FLINT III, 0000 JOSEPH J. CAPPELLO JR., 0000 KEVIN G. DECKARD, 0000 THOMAS A. FLORING, 0000 MANUEL A. CARDENAS, 0000 DOUGLAS D. DECKER, 0000 JEFFREY J. FLORY, 0000 CARL C. CARHUFF, 0000 SCOTT E. DECKER, 0000 MARK E. FLUKER, 0000 PAUL J. CARLIN, 0000 FREDERICK DEFRANZA, 0000 MICHAEL J. FOLKERTS, 0000 LEWIS H. CARLISLE, 0000 BRADEN P. DELAUDER, 0000 NEAL D. FONTANA, 0000 LISA A. CARNEY, 0000 JOHN C. DELBARGA, 0000 CHRISTOPHER E. FORSETH, 0000 RUSSELL G. CARRIKER, 0000 MARK D. DELONG, 0000 ROGER L. FORSYTHE, 0000 ORAN Y. CARROLL, 0000 NICHOLAS J. DEMARCO, 0000 JOSEPH C. FORTNEY, 0000 DAVID M. CARTER, 0000 BYRON G. DEMBY, 0000 MYRON K. FORTSON, 0000 EDWARD V. CASSIDY, 0000 CHARLES E. DENMARK, 0000 HARRY A. FOSTER, 0000 DOUGLAS C. CATO JR., 0000 JOSEPH B. DENNIS, 0000 JACKSON L. FOX, 0000 MIKE S. CAUDLE, 0000 RICHARD M. DENTON, 0000 LAURENT J. FOX, 0000 SEAN M. CAVANAUGH, 0000 WAYNE M. DESCHENEAU, 0000 SCOTT M. FOX, 0000 PAUL E. CAVE, 0000 ERNEST J. DESIMONE, 0000 PAUL R. FRANCIS, 0000 DANNY A. CECIL, 0000 ROBERT A. DESTASIO, 0000 CEPHAS L. FRANKLIN, 0000 JAMES M. CENEY, 0000 DOUGLAS M. DEUITCH, 0000 ANTHONY C. FRANZEL, 0000 MARK D. CERROW, 0000 MICHELE A. DEWERTH, 0000 BERNADETTE I. FRASER, 0000 JACK M. CESSNA, 0000 DAVID L. DEY, 0000 DARREN A. FRASER, 0000 WALTER S. D. CHAI, 0000 ANGEL A. DIAZ, 0000 GERALD A. FREDERICK JR., 0000 JAMES E. CHAPMAN, 0000 ROLANDO DIAZ JR., 0000 FRANK FREEMAN III, 0000 JOSEPH F. CHAPMAN, 0000 CRAIG ALAN DICUS, 0000 THOMAS H. FREEMAN, 0000 GEORGE G. CHAPPEL JR., 0000 QUENTIN J. DIERKS, 0000 JONATHAN B. FRENCH, 0000 BRADY C. CHEEK, 0000 MARK S. DIERLAM, 0000 JOSEPH P. FRIERS, 0000 EVANGELINE M. CHEEKS, 0000 TODD A. DIERLAM, 0000 SEAN M. FRISBEE, 0000 JOHN T. CHENEY, 0000 STEVEN D. DIESSNER, 0000 CHRIS T. FROEHLICH, 0000 JULIAN M. CHESNUTT, 0000 JAMES E. DILLARD, 0000 JAMES A. FROM, 0000 MICHAEL R. CHISHOLM, 0000 LEVENCHI L. DINGLE, 0000 BRYAN A. KEA FUJIMOTO, 0000 STANLEY F. CHMURA JR., 0000 DAVID C. DISIPIO, 0000 WALTER J. FULDA, 0000 TIMOTHY C. CHUSTZ, 0000 RHEA E. DOBSON, 0000 STACY A. K. FURCINI, 0000 CHARLES A. CIUZIO, 0000 WAYNE S. DOCKERY, 0000 DOUGLAS A. FURST, 0000 GREGORY W. CLARK, 0000 DAVID M. DOE, 0000 ARNOLD CHARLES FUST, 0000 MURRAY R. CLARK, 0000 JOHN J. DOHERTY, 0000 MICHAEL W. GAAL, 0000 RANDALL J. CLARK, 0000 PATRICK J. DOHERTY, 0000 GREGORY S. GADDIS, 0000 ROBERT W. CLARK, 0000 PETER A. DONNELLY, 0000 JOHN D. GALLOWAY, 0000 ROLAND D. CLARK, 0000 RICHARD E. DONNELLY, 0000 RICHARD K. GANNON, 0000 JON E. CLAUNCH, 0000 JIMMY D. DONOHUE, 0000 KEVIN L. GARDNER, 0000 JOSEPH L. CLAVIN, 0000 PAMELA S. DONOVAN, 0000 PETER M. GARDZINA, 0000

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 9801 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2718 CONGRESSIONAL RECORD — SENATE February 25, 2003

CHRISTOPHER A. GARRETT, 0000 STEVEN W. HERMAN, 0000 JOHN F. JOS KIESLER, 0000 DAVID S. GARRETT, 0000 BRIAN G. HERMANN, 0000 JACK E. KING JR., 0000 JAMES A. GARRETT, 0000 GREGORY A. HERMSMEYER, 0000 JAMES R. KING JR., 0000 STEPHEN A. GARSTKA, 0000 GUSTAVO A. HERNANDEZ, 0000 NEDIM KIRIMCA, 0000 JAMES P. GATES, 0000 CARY A. HERRERA, 0000 BRIAN W. KIRKWOOD, 0000 KENNETH E. GATES, 0000 MARGARET A. HERRING, 0000 KENNETH S. KLEIN, 0000 WILLIAM B. GAUTIER, 0000 TIMOTHY L. HERSHBERGER, 0000 JENNIFER M. KLEINSCHMIDT, 0000 DAVID A. GEESEY, 0000 JEFFREY M. HESS, 0000 MARK R. KLING, 0000 ANDREW J. GENCO, 0000 ROBERT M. HESSIN, 0000 FREDERICK M. KMIECIK, 0000 ADAM C. GEORGE, 0000 TERRY J. HESTERMAN, 0000 MATTHEW A. KMON, 0000 SCOT B. GERE, 0000 JAMES R. HETHERINGTON, 0000 KEVIN J. KNECHT, 0000 SCOTT C. GERICKE, 0000 TROY D. HEWGLEY, 0000 ANTONE A. KNETTER, 0000 DANIEL W. GERNERT, 0000 DAVID S. HIDINGER, 0000 TAMMY M. KNIERIM, 0000 DARREN P. GIBBS, 0000 JOHN M. HIGGINS, 0000 JACK T. KNIGHT JR., 0000 DAVID J. GIBSON, 0000 KEVIN R. HIGHFIELD, 0000 MALLORY P. KNIGHT, 0000 ALEXANDER V. GICZY, 0000 ERIC W. HITTMEIER, 0000 JEFFRY D. KNIPPEL, 0000 SHEILA M. GILLIARD, 0000 DEREK S. HO, 0000 JOEL E. KNISELY, 0000 COLLEEN A. GILMOUR, 0000 ELLIE HO, 0000 MICHAEL R. KOBOLD, 0000 ANDREW T. GILROY, 0000 DANIEL M. HODGKISS, 0000 TAMI L. KOBOLD, 0000 JANET A. GIRTON, 0000 LAWRENCE M. HOFFMAN, 0000 THOMAS J. KOBYLARZ, 0000 KEVIN B. GLENN, 0000 SCOTT B. HOFFMAN, 0000 STEVEN M. KOKORA, 0000 PAUL D. GLOYD, 0000 DEREK R. HOFFNUNG, 0000 ROBERT E. KOLES, 0000 DONAVAN E. GODIER, 0000 ERIK E. HOIHJELLE, 0000 ALAN L. KOLLIEN, 0000 JERRY C. GOFF, 0000 JOHN J. HOKAJ, 0000 ANNE M. KONNATH, 0000 JAMES P. GOLDEN, 0000 ALEXANDER L. HOLDER, 0000 MONICA KOPF, 0000 MACE CLARK GOLDEN, 0000 JEFFREY K. HOLIFIELD, 0000 JAMES M. KORMANIK, 0000 DAVID B. GOLDSTEIN, 0000 DALE A. HOLLAND, 0000 HOWARD N. KOSHT, 0000 GERALD V. GOODFELLOW, 0000 BLAINE S. HOLMAN, 0000 DANIEL A. KOSIN, 0000 TERRY L. GOODRICH, 0000 DANIEL F. HOLMES, 0000 JOHN F. KOSMAN, 0000 JAMES A. GORDON, 0000 CHRISTOPHER J. HOPE, 0000 RICHARD D. KOSOBUCKI, 0000 MITCHELL R. GORDON, 0000 STEVEN T. HORMEL, 0000 PATRICK J. KOSTRZEWA, 0000 JOHN R. GORDY II, 0000 ALBERT B. HORNSBY III, 0000 JAMES F. KOTT, 0000 JOHN C. GORLA JR., 0000 RICHARD H. HOUGHTON, 0000 WILLIAM J. KRALIK, 0000 ANNE L. GORNEY, 0000 EDDIE R. HOWARD, 0000 EDWARD R. KRAMER, 0000 GREGORY S. GORSKI, 0000 RANDALL L. HOWARD, 0000 KEVIN C. KRAUSE, 0000 GARY J. GOTTSCHALL, 0000 ROBERT M. HOWARD III, 0000 SCOTT A. KRAUSE, 0000 GLENN L. GRAHAM, 0000 CHARLES C. HOWELL, 0000 PETER A. KRAWCZYK, 0000 KEITH A. GRAHAM, 0000 LESLIE D. HOWELL, 0000 DENNIS L. KREPP, 0000 WILLIAM V. GRAHAM, 0000 SCOTT A. HOWELL, 0000 ERIC J. KREUL, 0000 DEBRA J. GRAVELLE, 0000 DENNIS M. HOWRY, 0000 JEFFREY B. KROMER, 0000 ROBERT S. GRAVES, 0000 THOMAS J. HUDD, 0000 DAVID A. KRUMM, 0000 PHILIP T. GRECO, 0000 PETER G. HUDDLE, 0000 PAUL M. KUCHAREK, 0000 FREDERICK D. GREGORY JR., 0000 KENNETH W. HUDELSTON III, 0000 STEVEN T. KUENNEN, 0000 SANDRA M. GREGORY, 0000 PETER J. HUGHES, 0000 DIANA L. KUHN, 0000 GORDON C. GRIFFIN, 0000 RUSSELL R. HULA, 0000 CHRISTOPHER T. KUKLINSKI, 0000 DANIEL T. GRILLONE, 0000 SHAWN D. HULLIHEN, 0000 PATRICK T. KUMASHIRO, 0000 JAMES W. GRISWOLD, 0000 LISA J. HUMMLER, 0000 SUZANNE S. KUMASHIRO, 0000 MARY E. GRISWOLD, 0000 JENNIFER A. HUMMON, 0000 LYNDEN C. KUNZ, 0000 STEVEN M. GRISWOLD, 0000 FREDERICK E. HUMPHREY, 0000 SHIAONUNG D. KUO, 0000 KAREN L. GROTH, 0000 ROBERT L. HUNKELER II, 0000 FRANK J. KUSKA, 0000 RONALD L. GROVE, 0000 ROBERT P. HUNT JR., 0000 EDGAR J. LABENNE, 0000 FUSUN S. K. GRUMBACH, 0000 TERRY E. HUNTER, 0000 BURNETT F. LACHANCE, 0000 DARYL W. GUILL, 0000 THOMAS K. HUNTER JR., 0000 BRUCE A. LACHARITE, 0000 GREGORY M. GUILLOT, 0000 KENNETH F. HUTCHISON, 0000 DEO A. LACHMAN, 0000 JON E. GULLETT, 0000 HIROSHI N. IKEDA, 0000 KENNETH E. LACY, 0000 BRUCE F. GUNN, 0000 MICHAEL T. IMBUS, 0000 MARK D. LAFOND, 0000 TONY D. GURNEY, 0000 GARY K. INGHAM, 0000 JOEL T. LAGASSE, 0000 GREGORY M. GUTTERMAN, 0000 ALLEN B. INGLE, 0000 JEFFREY A. LAMB, 0000 MATTHEW E. HABER, 0000 PETER J. IVERSEN, 0000 SCOTT A. LAMB, 0000 MICHAEL J. HADY, 0000 JACQUELINE R. JACKSON, 0000 STEPHEN C. LAMB, 0000 MICHAEL W. HAFER, 0000 THOMAS E. JACKSON, 0000 BRUCE A. LAMBERT, 0000 DONALD M. HALE JR., 0000 TRACY E. JACKSON, 0000 HENRI C. LAMBERT, 0000 THOMAS W. HALE, 0000 YOLANDA JACKSON, 0000 PETER J. LAMBERT, 0000 STEPHEN R. HALL, 0000 SCOTT E. JAMES, 0000 GERALD F. LANAGAN, 0000 TIMOTHY J. HALL, 0000 MARC S. JAMISON, 0000 TODD R. LANCASTER, 0000 TIMOTHY J. HALLORAN, 0000 STEVEN J. JANECZKO, 0000 JAMES A. LANCE, 0000 STEPHEN T. HAMILTON, 0000 CLARENCE E. JANSON, 0000 ROBIN H. LANDERS, 0000 DOUGLAS S. HAMMEN, 0000 DOUGLAS L. JANTZEN, 0000 ANDREW J. LANDOCH, 0000 JAMES R. HAMPSHIRE, 0000 JOSEPH MICHAEL JANUKATYS, 0000 CHERYL L. LANKE, 0000 DANIEL J. HAMPTON, 0000 DOUGLAS W. JAQUISH, 0000 JOSEPH LANZETTA, 0000 DANIEL B. HANCOCK, 0000 CHARLENE D. JEFFERSON, 0000 DALE B. LARKIN, 0000 WILLIAM P. HANCOCK, 0000 DEREK A. JEFFRIES, 0000 PATIENCE C. LARKIN, 0000 KERRY D. HANES, 0000 DANIEL K. JENKINS, 0000 MARK H. LARSEN, 0000 HUGH J. HANLON, 0000 DAVID L. JENSEN, 0000 JOSEPH M. LASK, 0000 JAMES F. HANLON, 0000 CURTIS E. JOHANSON, 0000 ALAN P. LAURSEN, 0000 JAMES M. HANSCOM, 0000 BARRY K. JOHNSON, 0000 ALAN J. LAVERSON, 0000 ALLEN D. HANSEN, 0000 BRIAN D. JOHNSON, 0000 JUDITH A. LAW, 0000 DARREN T. HANSEN, 0000 GREGORY C. JOHNSON, 0000 RICHARD E. LAWRENCE JR., 0000 DAVID S. HANSEN, 0000 JAMES S. JOHNSON, 0000 GLEN K. LAWSON, 0000 JOHN M. HANSEN, 0000 KIRK P. JOHNSON, 0000 KELLY A. LAWSON, 0000 RALPH S. HANSEN, 0000 ORESTE M. JOHNSON, 0000 RANDOLPH S. LAWSON, 0000 TIMOTHY A. HANSEN, 0000 TATE A. JOHNSON, 0000 RICHARD C. LEATHERMAN, 0000 DAVID F. HARDY, 0000 TODD S. JOHNSTON, 0000 RICHARD D. LEBLANC, 0000 JAMES W. HARDY, 0000 ALAIN L. M. JONES, 0000 MICHAEL A. LECLAIR, 0000 LESLIE L. HARGETT, 0000 JACQUELINE H. JONES, 0000 CHRIS P. LEE, 0000 LORING C. HARKEY, 0000 TONISH E. JONES, 0000 STEVEN W. LEGRAND, 0000 DOUGLAS M. HARLOW, 0000 TRACY A. JONES, 0000 WILLIAM S. LEISTER, 0000 CHRISTOPHER D. HARNESS, 0000 RICHARD J. JORGENSEN, 0000 BODEN J. LEMAY, 0000 CHRISTOPHER P. HARPER, 0000 KEVIN D. JOST, 0000 HELEN M. LENTO, 0000 SEAN P. HARRINGTON, 0000 MICHAEL S. JOYAL, 0000 BRENDA K. LEONG, 0000 ALLAN D. HARRIS, 0000 DAVID J. JULAZADEH, 0000 JOSEPH A. LESS, 0000 KEITH W. HARRIS, 0000 SHANNON D. JURRENS, 0000 CHRISTOPHER N. LEWIS, 0000 MARK W. HARRIS, 0000 EMIL B. KABBAN, 0000 MICHAEL A. LEWIS, 0000 PAUL D. HARRIS, 0000 STEVEN T. KAEGI, 0000 PETER A. LEWIS, 0000 RICHARD A. HARRIS JR., 0000 EDWIN W. KALER III, 0000 ROBERT C. LIGHTNER, 0000 ROBERT H. HARRISON JR., 0000 PHYLLIS L. KAMPMEYER, 0000 ROBERT P. LINARES, 0000 DARREN E. HARTFORD, 0000 DAVID H. KANESHIRO, 0000 LAWRENCE LIND, 0000 CURTIS J. HARVEY, 0000 SAMUEL S. KANG, 0000 WALTER J. LINDSLEY, 0000 JOSEPH M. HARVEY, 0000 RUSTAM KARMALI, 0000 TIMOTHY G. LITTLE, 0000 MARK C. HARYSCH, 0000 MICHAEL B. KATKA, 0000 JACK R. LOCKHART, 0000 DENNIS E. HASKIN, 0000 JOSEPH C. KATUZIENSKI, 0000 JEFFREY L. LONG, 0000 SCOTT A. HATFIELD, 0000 THOMAS J. KAUTH, 0000 SCOTT C. LONG, 0000 CLARENCE E. HAUCK, 0000 CHARLES B. KEARNEY III, 0000 PATRICK J. LORZING, 0000 ANTHONY L. HAUGRUD, 0000 SUSAN B. KEFFER, 0000 SARA L. LOUGHRAN, 0000 SCOTT M. * HAVERKATE, 0000 KIRK L. KEHRLEY, 0000 MARK R. LOVEJOY, 0000 DANIEL F. HAWKINS, 0000 STANFORD K. KEKAUOHA, 0000 WAYNE R. LOVELESS, 0000 TIMOTHY P. HAYNIE, 0000 LORETTA A. KELEMEN, 0000 TODD A. LOVELL, 0000 BRADLEY F. HAYWORTH, 0000 ROBERT B. KELLAS, 0000 MICHAEL G. LOWRY, 0000 BRADLEY L. HEBING, 0000 STEPHEN L. KELLER, 0000 MARK C. LUCHS, 0000 ANDREW G. HECHT, 0000 JOHN J. KELLEY, 0000 CHRISTOPHER J. LUEDTKE, 0000 BARBARA J. HEINLEIN, 0000 JEFFREY W. KELLY, 0000 STUART A. LUM, 0000 ROBERT D. HELGESON, 0000 ANTOINETTE T. KEMPER, 0000 TAMMY K. LUNDBORG, 0000 JAY B. HELMING, 0000 DAVID C. KENNEDY, 0000 EDWARD R. LYLE, 0000 JOSEPH W. HENDERSON, 0000 JONATHAN P. KENNEDY, 0000 MICHAEL P. MAAG, 0000 BRENT S. HENDRICKS, 0000 THOMAS J. KENNEY, 0000 ROBERT P. MACDONALD, 0000 TIM V. HENKE, 0000 JEFFREY D. KERSTEN, 0000 JEFFREY MACEACHRON, 0000 SUZANN HENSLEY, 0000 DOUGLAS J. KIESER, 0000 DAVID R. MACKENZIE, 0000

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 9801 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2719

MARY E. MACLEOD, 0000 GREGORY J. MORRISON, 0000 CARLOS M. POVEDA III, 0000 STEVEN A. MACUT, 0000 PATRICK L. MORROW, 0000 GLENN E. POWELL JR., 0000 VINCENT MADRID, 0000 CHARLES C. MORSE, 0000 OM PRAKASH II, 0000 DAVID L. MAHER, 0000 SAMUEL P. MORTHLAND, 0000 JOHN C. PRATER, 0000 JEFFREY MALCOLM, 0000 SCOTT E. MOSER, 0000 MICHAEL D. PRAZAK, 0000 ANGEL M. MALDONADO, 0000 LISA C. MOSHIER, 0000 JOHN B. PRECHTEL, 0000 VICTOR L. MALLOY, 0000 EUGENE B. MOTY JR., 0000 TIMOTHY P. PRESS, 0000 MICHAEL N. MALOY, 0000 SEAN MOULTON, 0000 DAVID L. PRESTON, 0000 BRYAN S. MANES, 0000 RICHARD S. MOUNTAIN, 0000 LESTER E. PRESTON, 0000 BRENDA P. MANGENTE, 0000 ANDRE J. MOUTON, 0000 DONALD G. PRIAULX, 0000 HOLLY R. MANGUM, 0000 PAMELA A. MOXLEY, 0000 ARTHUR C. PRICE, 0000 ROBERT W. MANN, 0000 MARY E. MOYNIHAN, 0000 JEFFREY K. PRICE, 0000 TIMOTHY J. MANNING, 0000 WALTER C. MOYNIHAN, 0000 LARRY G. PRICE, 0000 GEORGE W. MARCHESSEAULT, 0000 MAUREEN C. * MURPHY, 0000 MYLAND E. PRIDE, 0000 FRED H. MARHEINE JR., 0000 MICHAEL L. MURPHY, 0000 ROBERT J. PROVOST, 0000 LISA M. T. MARKGRAF, 0000 THOMAS E. MURPHY, 0000 SHARON K. PRUITT, 0000 THOMAS A. MARKLAND, 0000 JUDIANNA MURRAY, 0000 JAMES A. PRYOR, 0000 BRENT P. MARKOWSKI, 0000 KEVIN R. MURRAY, 0000 JEANNA L. PRYOR, 0000 TIMOTHY M. MARKS, 0000 ROGER S. MURRAY, 0000 CLIFFORD T. PUCKETT, 0000 THOMAS ANTHONY MAROCCHINI, 0000 SCOTT F. MURRAY, 0000 MICHAEL W. PUFFENBARGER, 0000 ALLEN M. MARSHALL JR., 0000 SCOTT L. MUSSER, 0000 GEORGE R. PULLIAM, 0000 JAMES A. MARSHALL, 0000 CHARLES H. MYERS, 0000 JOHN R. QUATTRONE, 0000 CHRISTOPHER S. MARTIN, 0000 GREGORY A. MYERS, 0000 ROGER ARLANTICO QUINTO, 0000 JOSEPH D. MARTIN, 0000 LYNDA D. MYERS, 0000 RAYMOND S. SM RABANO, 0000 STEVEN G. MARTIN, 0000 NICHOLAS S. MYERS JR., 0000 DAVID J. RAGGIO, 0000 RAMIRO MARTINEZ, 0000 RUSSELL S. MYERS, 0000 GEORGE R. RAIHALA, 0000 DAVID A. MARTINSON, 0000 WILLIAM A. NACE, 0000 STEVEN A. RANALLI, 0000 DAVID W. MARTTALA, 0000 DAVID S. NAHOM, 0000 PAMELA J. RANDALL, 0000 MARK S. MARYAK, 0000 MICHAEL F. NAHORNIAK, 0000 WESLEY S. RANDALL, 0000 MICHAEL A. MARZEC, 0000 DOUGLAS R. NARMOUR, 0000 THOMAS F. RATHBUN, 0000 SCOTT M. MASER, 0000 ERIC S. NELSON, 0000 JAMES A. RAULERSON, 0000 MICHAEL L. MASON, 0000 KIM M. NELSON, 0000 LINDA M. RAY, 0000 RODNEY M. MASON, 0000 LOWELL A. NELSON, 0000 STEPHEN A. RAY, 0000 GRIFFITH S. MASSEY, 0000 MARTIN H. NELSON, 0000 RICHARD M. REDDECLIFF, 0000 KEVIN P. MASTIN, 0000 RICHARD G. NELSON, 0000 BRADLEY S. REED, 0000 LIA MASTRONARDI, 0000 RICHARD S. NELSON, 0000 MICHAEL D. REED, 0000 BYRON P. MATHEWSON, 0000 SAMUEL F. NELSON, 0000 TIMOTHY S. REED, 0000 TIMOTHY J. MATSON, 0000 WILLIAM J. NELSON, 0000 DONALD REESE, 0000 MARK J. MATSUSHIMA, 0000 WILLIAM D. NEUENSWANDER, 0000 MARC E. REESE, 0000 RICHARD W. MATTON JR., 0000 BRIAN D. NEUMANN, 0000 DANIEL S. REIFSCHNEIDER, 0000 RANDY A. MAULDIN, 0000 TIMOTHY P. NEWMAN, 0000 DANIEL L. REILLY, 0000 HAROLD J. MCALDUFF, 0000 WILLIAM S. NICHOLS, 0000 ROBERT W. REIMAN, 0000 PAUL J. MCANENY, 0000 GLENN W. NICHOLSON, 0000 PAUL E. REIMERS, 0000 JOHN D. MCCAULEY, 0000 DANIEL M. NICKERSON, 0000 GREGORY M. REITER, 0000 RICHARD D. MCCOMB, 0000 GREGORY W. NICODEMUS, 0000 CHRISTOPHER E. RENNER, 0000 RICHARD I. MCCOOL, 0000 STEVEN R. NIELSEN, 0000 ROBERT A. RENNER, 0000 TODD G. MCCREADY, 0000 LUCIAN L. NIEMEYER II, 0000 ROBERT L. RHYNE, 0000 JANI L. MCCREARY, 0000 CRAIG W. NORDLIE, 0000 LANCE G. RIBORDY, 0000 ROBERT A. MCCRORY JR., 0000 DIAN L. NORRIS, 0000 CARLOS F. RICE, 0000 ERICK D. MCCROSKEY, 0000 WESLEY S. NORRIS, 0000 TIMOTHY S. RICE, 0000 MARK C. MCCULLOHS, 0000 MICHAEL J. NOVOTNY, 0000 LISA D. RICHTER, 0000 MICHAEL B. MCDANIEL, 0000 MICHAEL A. NOWACZYK, 0000 VICTOR L. RICK, 0000 CHRISTOPHER C. MCDONALD, 0000 MICHAEL J. NUTTER, 0000 TIMOTHY L. RILEY, 0000 DANIEL J. MCDONALD, 0000 RICHARD L. OARR, 0000 EDWARD J. RIMBACK, 0000 JOHN P. MCDONNELL, 0000 BRUCE E. OCAIN, 0000 LLOYD E. RINGGOLD JR., 0000 JOSEPH P. MCDONNELL, 0000 DANIEL J. OCONNOR, 0000 CHRISTOPHE F. ROACH, 0000 DAVID V. MCELVEEN, 0000 STEPHEN D. OCONNOR, 0000 JOHN D. ROACH, 0000 EUGENE L. MCFEELY, 0000 JOHN S. OECHSLE, 0000 KEVIN J. ROBBINS, 0000 JAMES A. MCGANN, 0000 PETER R. OERTEL, 0000 GREGORY D. ROBERTS, 0000 JENNY A. MCGEE, 0000 KENNETH M. OLSEN, 0000 JEFFREY W. ROBERTS, 0000 GAY M. MCGILLIS, 0000 RICHARD C. OLSON, 0000 RICHARD G. ROBERTS, 0000 JAMES R. MCGINN, 0000 RAYMOND P. OMARA, 0000 DOUGLAS A. ROBERTSON, 0000 MILES L. MCGINNIS, 0000 BARBARA M. OMSTEAD, 0000 RANDY K. ROBERTSON, 0000 THOMAS R. MCGRAW, 0000 DAVID L. ONAN, 0000 WILLIAM B. ROBEY, 0000 SCOTT E. MCKINNEY, 0000 JIMMIE L. ONEAL JR., 0000 AARON N. ROBINSON, 0000 MARTIN G. MCKINNON, 0000 BRIAN A. OUELLETTE, 0000 BRIAN S. ROBINSON, 0000 PATRICK K. MCLEOD, 0000 ALISON L. OVERBAY, 0000 KYLE W. ROBINSON, 0000 CATHERINE G. MCLOUD, 0000 BRETT L. OWENS, 0000 TIMOTHY J. ROCKWELL, 0000 LOUIS E. MCNAMARA JR., 0000 LAYNE B. PACKER, 0000 RAYMOND E. ROESSLER, 0000 STEVEN D. MCNEELY, 0000 ELIZABETH A. PANGRAC, 0000 GEORGE M. ROGERS, 0000 ROSS T. MCNUTT, 0000 TROY W. PANNEBECKER, 0000 PAUL J. ROGERSON, 0000 STACY S. MCNUTT, 0000 ANN MARIE PARKER, 0000 PETER C. ROLLER, 0000 ANNE C. MCPHARLIN, 0000 JAMES T. PARKER, 0000 KRIS G. RONGONE, 0000 TIMOTHY E. MCPHARLIN, 0000 JEFFREY A. * PARKER, 0000 JENNIFER L. ROOKE, 0000 SHANNON P. MEADE, 0000 JOHN L. PARKER, 0000 DARLENE M. ROQUEMORE, 0000 TRACEY M. MECK, 0000 DALE P. PARTRIDGE, 0000 JOHN J. ROSCOE, 0000 THOMAS C. MEDARA, 0000 JOHN C. PASCHALL, 0000 DEAN E. ROSENQUIST, 0000 RONALD S. MEDLEY, 0000 PHILLIP G. PATE, 0000 DAVID A. ROSS, 0000 RACHEL M. MEEK, 0000 RONALD J. PATRICK, 0000 JAMES P. ROSS, 0000 DONALD S. MEEKER, 0000 ERIC J. PAYNE, 0000 WILLIAM G. ROSS, 0000 PABLO F. MELENDEZ, 0000 JOHN G. PAYNE, 0000 JOSEPH W. ROTH, 0000 EDWARD C. MELTON III, 0000 VALERIE S. PAYNE, 0000 ROBERT W. ROTH, 0000 ROBERT C. MENARD, 0000 RICHARD E. PEARCY, 0000 JAMES A. ROTHENFLUE, 0000 TERRY L. MENELEY, 0000 JOHN W. PEARSE, 0000 STEPHEN D. ROTTA, 0000 DAVID S. MERRIFIELD, 0000 JUDITH H. PEER, 0000 RANDALL S. ROWE, 0000 MICHAEL S. METRUCK, 0000 MICHAEL E. PEET, 0000 WILLIAM H. RUDD III, 0000 JEFFREY D. METZ, 0000 CHRISTOPHER J. PEHRSON, 0000 DON A. RUFFIN, 0000 TAL W. METZGAR, 0000 MICHAEL W. PENLAND, 0000 JEFFREY N. RUMRILL, 0000 MARK A. MEYER, 0000 CLAYTON B. PERCE, 0000 BRADFORD L. RUPERT, 0000 MICHAEL B. MEYER, 0000 JOHN J. PERNOT, 0000 RICKY N. RUPP, 0000 RUSSELL W. MEYER, 0000 RONALD L. PERRILLOUX, 0000 WILLIAM Y. RUPP, 0000 THOMAS L. MICK, 0000 PATRICK J. PETERS, 0000 MARK A. RUSE, 0000 RAYMONE G. MIJARES, 0000 JON J. PETRUZZI, 0000 BARBARA J. RUSNAK, 0000 GALEN W. MILLARD, 0000 STEPHEN D. PETTERS, 0000 MICHAEL J. RUSSEL, 0000 MICHAEL A. MILLER, 0000 TIMOTHY J. PFEIFER, 0000 DAVID L. RUSSELL II, 0000 RICHARD R. MILLER, 0000 ALTON P. PHILLIPS, 0000 JOHN T. RUSSELL, 0000 STEPHEN R. MILLER, 0000 DAVID L. PHILLIPS JR., 0000 GRANT G. RUTLIN, 0000 TERRY R. MILLER, 0000 MARK R. PHILLIPS, 0000 RONALD G. RYDER, 0000 RICKY L. MILLIGAN, 0000 MATTHEW T. PHILLIPS, 0000 DAVID M. RYER, 0000 MICHAEL A. MINIHAN, 0000 BRYANT D. PHILP, 0000 PER I. SAELID, 0000 BRIAN K. MISIAK, 0000 RICHARD G. PIERCE, 0000 DAVID G. SALOMON, 0000 MICHELE RM MITCHELL, 0000 SCOTT D. PIERCE, 0000 ROBERT J. SALSBERRY, 0000 THOMAS L. MITCHELL JR., 0000 CHARLENE A. PIERSONLASSITER, 0000 MICHAEL J. SALYARDS, 0000 ADAM M. MLOT, 0000 WILLIAM E. PINTER, 0000 JOHN R. SAMMARTINO, 0000 JEFFREY L. MOLER, 0000 MICHAEL S. PITTS, 0000 DARLENE M. SANDERS, 0000 ROBERT M. MONARCH, 0000 DANIEL J. PIXLEY, 0000 THOMAS R. SANDS, 0000 RAFFAELE A. MONETTI, 0000 CHRISTOPHER E. PLAMP, 0000 DERREK D. SANKS, 0000 ANTHONY D. MONINSKI, 0000 MATTHEW L. PLASS, 0000 DEXTER M. SAPINOSO, 0000 WAYNE R. MONTEITH, 0000 FRANZ M. PLESCHA, 0000 CATHERINE J. SAUCHUK, 0000 RICHARD A. MOON, 0000 JOHN EDWARD POAST III, 0000 SCOTT H. SAUL, 0000 CAROLYN A. MOORE, 0000 DANIEL J. POLAHAR JR., 0000 DAVID E. SAVILLE, 0000 KENNETH R. MOORE, 0000 BRENT G. POLGLASE, 0000 SCOTT A. SAVOIE, 0000 HIRAM A. MORALES JR., 0000 SUSAN L. POLLMAN, 0000 FRANK W. SCHADDELEE, 0000 HUMBERTO E. MORALES, 0000 ADRIAN C. PONE, 0000 THOMAS P. SCHADEGG, 0000 ERIC MORGAN, 0000 LAURA R. POPE, 0000 GREGORY SCHAELLING, 0000 CHRISTINA M. MORRIS, 0000 TODD J. POSPISIL, 0000 DONALD M. SCHAUBER JR., 0000 MARK R. MORRIS, 0000 GARY L. POTTER JR., 0000 LYNN I. SCHEEL, 0000

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 9801 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2720 CONGRESSIONAL RECORD — SENATE February 25, 2003

JON SCHILDER, 0000 BRUCE C. STINAR, 0000 BRYAN C. WATT, 0000 ANDREW J. SCHLACHTER, 0000 KEVIN L. STONE, 0000 CHRISTIAN G. WATT, 0000 SCOTT H. SCHLIEPER, 0000 TROY R. STONE, 0000 SHANNON D. WEATHERMAN, 0000 DANIEL M. SCHMIDT, 0000 CHARLES R. STONER, 0000 WILLIAM M. WEAVER, 0000 KIRK A. SCHNEIDER, 0000 RONALD K. STORY, 0000 JEFFERY D. WEBBER, 0000 RICHARD L. SCHOONMAKER, 0000 MICHAEL K. STOWERS, 0000 SCOTT D. WEBER, 0000 DAVID M. SCHROEDER, 0000 JESSE L. STRICKLAND III, 0000 THOMAS J. WEBER, 0000 PHIL J. SCHROEDER, 0000 LEWIS H. STROUGH, 0000 TIMOTHY F. WEBER, 0000 PAUL F. SCHULTZ, 0000 MICHAEL SULEK, 0000 JEFFREY R. WEED, 0000 TIMOTHY P. SCHULTZ, 0000 DAVID M. SULLIVAN, 0000 JAMES C. WEIGLE, 0000 WILLIAM F. SCHUPP JR., 0000 EDWARD J. SULLIVAN, 0000 JAMES L. WEINGARTNER, 0000 JAMES B. SCHUSTER, 0000 SEAN M. SULLIVAN, 0000 RICHARD A. WEIR, 0000 STEPHEN R. SCHWARTZ, 0000 DONALD H. SUMMERLIN, 0000 CLYDE A. WEIRICK, 0000 MARK F. SCHWARZ, 0000 BRANDON E. SWEAT, 0000 DOUGLAS P. WEITZEL, 0000 DAVID A. SCHWARZE, 0000 MARK J. SWEENEY, 0000 STEVEN M. WELD, 0000 CHRIS H. SCHWEINSBERG, 0000 GERALD A. SWIFT, 0000 DOUGLAS H. WELLS, 0000 LELAND G. SCIFERS, 0000 RAYMOND A. SWOGGER, 0000 SCOTT R. WELLS, 0000 SHANE P. SCOGGINS, 0000 MICHAEL T. SYMOCK, 0000 RUSSELL P. WELSCH, 0000 BRYON L. SCOTT, 0000 JOHN A. TALARICO, 0000 DERON L. WENDT, 0000 JEFFERY C. SCOTT, 0000 MICHAEL L. TALBERT, 0000 GARY F. WESSELMANN, 0000 BRETT H. SCUDDER, 0000 JEFFREY B. TALIAFERRO, 0000 JOHN E. WEST JR., 0000 KURT A. SEARFOSS, 0000 WILLIAM M. TART, 0000 JOHN W. WEST, 0000 JOEL SEIDBAND, 0000 KENNETH R. TATUM JR., 0000 ROBERT A. WEST, 0000 TODD J. SERRES, 0000 RICHARD D. TAVENNER, 0000 JAMES E. WEYER, 0000 KENNETH C. SERSUN, 0000 ANDREW M. TAYLOR, 0000 ELISE M. WHEELER, 0000 DOUGLAS S. SEWALL, 0000 PATRICK W. TAYLOR, 0000 NATHAN T. WHITE, 0000 ALAN L. SHAFER, 0000 RODNEY L. TAYLOR, 0000 RANDALL G. WHITE, 0000 SHAWN P. SHANLEY, 0000 DAVID B. TEAL, 0000 TODD D. WHITE, 0000 SCOTT D. SHAPIRO, 0000 BRETT P. TELFORD, 0000 WILLIAM G. WHITE, 0000 MARC S. SHAVER, 0000 SCOTT J. TEW, 0000 JAMIE S. WHITLEY, 0000 ANTHONY C. SHAW, 0000 SHARON C. THOMAS, 0000 JAMES T. WHITLOW, 0000 WAYNE K. SHAW, 0000 WALTER D. THOMAS, 0000 JIM R. WIEDE, 0000 WILLIAM K. SHEDD, 0000 DEBORAH E. THOMPSON, 0000 JEFFREY J. WIEGAND, 0000 GLEN A. SHEPHERD, 0000 HENRY C. THOMPSON, 0000 MARSHA W. WIERSCHKE, 0000 MICHAEL D. SHEPHERD, 0000 JEFFREY A. THOMPSON, 0000 PAUL A. WIESE, 0000 JEFFREY A. SHEPPARD, 0000 STEPHEN R. THOMPSON, 0000 SANDRA L. WILKERSONLEAF, 0000 DANIEL J. SHERIDAN, 0000 ROBERT C. THOMSON, 0000 JOHN W. WILKINSON, 0000 JEFFREY E. SHERWOOD, 0000 MICHAEL D. THURBER, 0000 JOHN A. WILLCOCKSON, 0000 CYNTHIA A. SHEWELL, 0000 GREGORY S. THURGOOD, 0000 GARY W. WILLETS, 0000 JOHN R. SHIELDS, 0000 ANDREW J. THURLING, 0000 CHRISTOPHER R. WILLIAMS, 0000 DAVID K. SHINTAKU, 0000 PAUL W. TIBBETS IV, 0000 DARRYL R. WILLIAMS, 0000 ARNETHA R. SHIPMAN, 0000 MICHAEL A. TICHENOR, 0000 JOHN A. WILLIAMS, 0000 HOWARD A. SHRUM III, 0000 MICHAEL J. TILLEMA, 0000 JOHN A. WILLIAMS II, 0000 ERIC SILKOWSKI, 0000 JOHN L. TILLMAN, 0000 MARK C. WILLIAMS, 0000 RICHARD J. SILONG, 0000 BRIAN J. TINGSTAD, 0000 MATTHEW R. WILLIAMS, 0000 FRANK W. SIMCOX IV, 0000 JAMES M. TITTINGER, 0000 STEPHEN H. WILLIAMS, 0000 KEVIN HUGH SIMMONS, 0000 RICHARD G. TOBASCO, 0000 TIMOTHY N. WILLIAMS, 0000 NIGEL J. SIMPSON, 0000 JULIAN H. TOLBERT, 0000 WILLIE J. WILLIAMS JR., 0000 WILSON T. SIMS JR., 0000 WADE G. TOLLIVER, 0000 STEVEN E. WILLIS, 0000 PAUL L. J. SINOPOLI, 0000 JOHN S. TOMJACK, 0000 TRAVIS A. WILLIS JR., 0000 TIMOTHY J. SIPES, 0000 GARY A. TOPPERT, 0000 ROBERT W. WILLOUGHBY, 0000 ROBERT D. SKELTON, 0000 TIMOTHY M. * TORRES, 0000 EVA C. WILSON, 0000 LYNDEN P. SKINNER, 0000 JOHN H. TOUCHTON III, 0000 HAROLD L. WILSON, 0000 THOMAS J. SKROCKI, 0000 TIMOTHY P. TOWNES, 0000 KENNEDY B. WILSON JR., 0000 STEVEN R. SLATTER, 0000 NHAT D. TRAN, 0000 ROBERT D. WILSON, 0000 TIMOTHY A. SLAUENWHITE, 0000 TIMOTHY J. TRAUB JR., 0000 DONALD W. WINGATE JR., 0000 ANDREW T. SLAWSON, 0000 KEVIN T. TRISSELL, 0000 JAMES D. WINGO JR., 0000 DENETTE L. SLEETH, 0000 GERALD J. TROMBLEY, 0000 MARK S. WINGREEN, 0000 RICHARD E. SLOOP JR., 0000 EDSON C. TUNG JR., 0000 ANNE M. WINKLER, 0000 STEVEN E. SMILEY, 0000 KIP B. TURAIN, 0000 JOHN S. WINSTEAD, 0000 DIANE M. SMITH, 0000 MARK J. TURCOTTE, 0000 ROHINI T. S. WINTERS, 0000 DIRK D. SMITH, 0000 GREGORY L. TURES, 0000 JON K. WISHAM, 0000 JEFFREY D. SMITH, 0000 STEPHEN E. TURNER JR., 0000 JAMES W. WISNOWSKI, 0000 JEFFREY J. SMITH, 0000 RICHARD E. UNIS, 0000 KENNETH J. WITTE, 0000 KELVIN B. SMITH, 0000 MICHAEL J. VACCARO, 0000 DANNY R. WOLF, 0000 KENNETH P. SMITH, 0000 SCOTT R. VADNAIS, 0000 JULIA A. WOLF, 0000 MATTHEW N. SMITH, 0000 VICTOR J. VALDEZ, 0000 ENOCH K. WONG, 0000 MICHAEL J. SMITH, 0000 DAVID D. VALLIERE, 0000 JOHN M. WOOD, 0000 PEIMIN M. SMITH, 0000 CURT A. VAN DE WALLE, 0000 KENTON T. WOOD, 0000 RANDOLPH G. SMITH, 0000 LJ VANBELKUM, 0000 PAUL R. WOOD, 0000 ROBERT J. SMITH JR., 0000 ALVIN M. VANN JR., 0000 WILLIAM A. WOODCOCK, 0000 RUDOLPH A. SMITH JR., 0000 JUAN R. VASQUEZ, 0000 THIERRY C. WOODS, 0000 RUSSELL E. SMITH, 0000 GLENN M. VAUGHAN, 0000 TIMOTHY A. WOODS, 0000 RYAN J. SMITH, 0000 BRIAN T. VAUGHN, 0000 LARRY D. WORLEY JR., 0000 STEPHEN A. SMITH, 0000 OSCAR R. VAUGHN, 0000 COLIN J. WRIGHT, 0000 THOMAS L. SMITH, 0000 AGUSTIN E. VELEZ, 0000 DAVID C. WRIGHT, 0000 WESLEY E. SMITH, 0000 THOMAS A. VENTRIGLIA, 0000 DEAN N. WRIGHT, 0000 DAVID M. SNOW, 0000 LASZLO A. VERES, 0000 CHRISTOPHER J. WYMAN, 0000 DONALD A. SNYDER, 0000 SCOTT A. VESPER, 0000 JOSEPH M. YAKUBIK, 0000 STEVEN P. SNYDER, 0000 EDWARD J. VEST, 0000 BRIAN E. YATES, 0000 PATRICE A. SOLORZANO, 0000 RICHARD A. VETSCH, 0000 ROBERT E. YATES, 0000 DWIGHT C. SONES, 0000 PATRICK H. VETTER, 0000 ROBERT B. YOUNG JR., 0000 INEZ A. SOOKMA, 0000 GEORGE VICARI JR., 0000 DAVID R. YOUTSEY, 0000 CRAIG A. SOUZA, 0000 JOSEPH H. VIERECKL, 0000 JAMES RICHARD ZAGATA, 0000 CHRISTOPHER F. SPAGNUOLO, 0000 TERRY W. VIRTS, 0000 PAUL ALBERT ZAVISLAK JR., 0000 KAY L. SPANNUTH, 0000 STEVEN A. VLASAK, 0000 CATHERINE M. ZEITLER, 0000 KEVIN L. SPARKS, 0000 ROBERT A. VOEGTLY, 0000 BRIAN P. * ZEMBRASKI, 0000 JENNIFER L. SPEARS, 0000 RANDALL L. VOGEL, 0000 ARTHUR E. ZEMKE, 0000 JOSEPH M. SPIESS, 0000 GEORGE S. VOGEN, 0000 TIMOTHY A. ZOERLEIN, 0000 KURT M. SPILGER, 0000 JESSIE H. VOISIN JR., 0000 DAVID R. ZORZI, 0000 CHRISTOPHER STAFFORD, 0000 PAUL C. VONOSTERHELDT, 0000 JEFFREY R. ZOUBEK, 0000 STANLEY STAFIRA, 0000 PAUL E. WADE, 0000 MICHEL P. ZUMWALT, 0000 DANIEL J. STAGGENBORG, 0000 DONALD R. WAHONICK JR., 0000 DAVID G. STAMOS, 0000 BARRY C. WAITE, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DARRYL L. STANKEVITZ, 0000 DAVID M. WAITE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR NANCY NAOMI STANLEY, 0000 MARK K. WAITE, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: DAVID M. STANTON, 0000 SCOTT E. WALCHLI, 0000 To be lieutenant colonel VALISE A. STANTON, 0000 FEDERICO G. WALDROND, 0000 SCOTT A. STARK, 0000 CHRISTOPHER P. WALKER, 0000 CATHERINE M. AMITRANO, 0000 JAMES M. STARLING, 0000 JON W. WALKER, 0000 LESLIE R. ANN, 0000 ROBERT B. STARNES, 0000 JULIE E. WALKER, 0000 DENISE G. AUGUSTINE, 0000 DONALD C. STARR, 0000 MICHAEL J. WALKER, 0000 TAMARA A. AVERETTBRAUER, 0000 CHARLES F. J. STEBBINS, 0000 THOMAS M. WALKER, 0000 SUSAN E. BASSETT, 0000 KEVIN B. STEELE, 0000 WARD A. WALKER, 0000 JENNIFER D. BAUER, 0000 THOMAS M. STEELE, 0000 TODD T. WALKOWICZ, 0000 DAVID A. BEAVERS, 0000 ALLEN M. STEENHOEK, 0000 DAVID E. WALLACE, 0000 MARIE L. BERRY, 0000 CHARLES A. STEEVES, 0000 DARRELL E. WALLIS JR., 0000 DIANE L. BILBRAY, 0000 DOUGLAS K. STENGER, 0000 STEPHEN D. WALTERS, 0000 MICHELLE L. BISHOP, 0000 MARK T. STEPHENS, 0000 MICHAEL G. WAN, 0000 MICHAEL W. BOUCHARD, 0000 KEVIN J. STEVENS, 0000 MARK A. WARACK, 0000 LEE S. BRYANT, 0000 CHAD M. STEVENSON, 0000 MICHAEL R. WARD, 0000 NONA F. BUCHANAN, 0000 RAYMOND S. STEVENSON, 0000 WILLIAM R. WARD, 0000 DANIEL J. BUSHEME, 0000 ALBERT K. STEWART, 0000 MICHAEL S. WASSON, 0000 SHELLY D. BUTLER, 0000 DAVID T. STEWART, 0000 WILLIAM R. * WATKINS III, 0000 LOLA R. B. CASBY, 0000 ERIC C. STEWART, 0000 DOUGLAS A. WATKINS, 0000 LINDA J. CASHION, 0000 MICHAEL A. STEWART, 0000 ERIC E. WATKINS, 0000 ROBERT K. CLAY, 0000 BARRY W. STGERMAIN, 0000 PHILIP R. WATSON, 0000 KELLY A. COLEMAN, 0000

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 9801 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2721

ANNE M. CONWELL, 0000 LINDA L. RICHARDSON, 0000 JONATHAN P. COOK, 0000 LENORA L. COOK, 0000 FLOYD S. RISLEY, 0000 MICHAEL A. COOLICAN, 0000 ANKA COSIC, 0000 ERIC J. ROTH, 0000 ROBERT L. COULOMBE, 0000 DAWN B. DANIEL, 0000 MATTHEW J. RUANE, 0000 ROBERT A. COUSER, 0000 WANDA L. DAVIES, 0000 KENNETH R. SHARRETT, 0000 JAMES L. COX, 0000 LISA D. DEDECKER, 0000 DOUGLAS M. STEVENSON, 0000 PATRICK F. COX, 0000 JANE G. DENTON, 0000 EDWARD H. THOMPSON, 0000 DENNIS A. CRALL, 0000 PATRICIA L. DYKSTRA, 0000 CHRISTOPHER C. VANNATTA, 0000 JOHN M. CURATOLA, 0000 BARBARA A. EISENSTEIN, 0000 VICKI K. WEEKES, 0000 PAUL G. CURRAN, 0000 EDWARD F. FARLEY, 0000 KAREN S. WHITE, 0000 PETER W. CUSHING, 0000 MARGARET E. FOLTZ, 0000 PHILIP T. WOLD, 0000 MICHAEL D. DAHL, 0000 ELEANOR T. FOREMAN, 0000 FREDERICK M. WOLFE, 0000 THOMAS A. DAMISCH, 0000 REBECCA L. GOBER, 0000 ROBERT J. DARLING, 0000 ANNETTE GOMEZ, 0000 IN THE ARMY JEFFREY P. DAVIS, 0000 ANNA M. GREEN, 0000 JOEL J. DAVIS, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF SANDRA D. HAGEDORN, 0000 MARK C. DELUNA, 0000 THE UNITED STATES OFFICERS FOR APPOINTMENT TO JUDITH A. HUGHES, 0000 MARSHALL DENNEY III, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY ROBIE V. HUGHES, 0000 DARRIN DENNY, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: ROBIN E. HUNT, 0000 KENNETH M. DETREUX, 0000 BRENDA K. IRWIN, 0000 To be colonel PETER J. DEVINE, 0000 ALETA P. JEFFERSON, 0000 ANTHONY P. DIBENEDETTO JR., 0000 CYNTHIA F. JEFFREY, 0000 BRIAN K. BALFE, 0000 DAVID G. DIEUGENIO JR., 0000 LINDA M. JENNINGS, 0000 NORBERTO R. CASTRO JR., 0000 MICHAEL W. DINARDO, 0000 BEVERLY J. JOHNSON, 0000 GLENN H. CURTIS, 0000 HENRY J. DOMINGUE JR., 0000 MARTHA J. JOHNSTON, 0000 ROBERT P. NYRE, 0000 JAMES E. DONNELLAN, 0000 BARBARA A. JONES, 0000 RENWICK L. PAYNE, 0000 FRANCIS L. DONOVAN, 0000 BARBARA A. KALMEN, 0000 JAMES H. TROGDON III THOMAS A. DOUGHERTY III, 0000 JERILYN L. KEITH, 0000 JONATHAN F. DOUGLAS, 0000 IN THE MARINE CORPS TRACEY M. KEITH, 0000 STEPHEN E. DUKE, 0000 WILLIAM R. DUNN II, 0000 JOANN M. KELSCH, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROBERT M. EHNOW, 0000 JACK L. KENNEDY, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- NORMAN R. ELIASEN, 0000 PHILLIP G. KLEINMAN, 0000 RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: NANCY M. LACHAPELLE, 0000 TODD R. EMO, 0000 ELIZABETH A. LARINO, 0000 To be lieutenant colonel RUSSELL W. EMONS JR., 0000 CAROL M. LARSEN, 0000 TERRI E. ERDAG, 0000 BRIAN T ALEXANDER, 0000 DIANE F. LENTTUCKER, 0000 DANIEL P. ERMER, 0000 KELLY P ALEXANDER, 0000 ELIZABETH K. LOVE, 0000 JOHN A. ESQUIVEL, 0000 JULIAN D ALFORD, 0000 RUSSELL E. ETHERIDGE JR., 0000 LYNN M. MALONE, 0000 RICHARD E ANDERS, 0000 DAMON E. FIELDS, 0000 IRMA L. MCNAMEE, 0000 BRIAN P ANNICHIARICO, 0000 RONALD R. FINELLI, 0000 SUSAN M. MCNITT, 0000 CHRISTOPHER A ARANTZ, 0000 MICHAEL J. FINLEY, 0000 ANN M. MCQUADE, 0000 JAMES L ARMSTRONG, 0000 CLAYTON J. FISHER, 0000 JUDITH A. MEEK, 0000 FRANK S ARNOLD, 0000 JOHN M. FITTS, 0000 ALTHEA B. B. MILLER, 0000 THOMAS E ARNOLD JR., 0000 DAVID A. FLYNN, 0000 TERESA L. MILLWATER, 0000 JOHN D AUGSBURGER, 0000 PAUL J. FONTANEZ, 0000 KELLEY C. MOORE, 0000 BRIAN F BAKER, 0000 ANDREW W. FORTUNATO, 0000 KAY H. NIMS, 0000 GRANT C BAKLEY, 0000 PAUL A. FORTUNATO, 0000 CAROLE A. NUSSEL, 0000 FRANCISCO M BALL, 0000 KEVIN R. FOSTER, 0000 NANCY A. OPHEIM, 0000 EDWARD L BARBOUR III, 0000 MICHAEL V. FRANZAK, 0000 JULIE P. PACK, 0000 ROBERT S BARR, 0000 CHRISTOPHER L. FRENCH, 0000 PENNIE G. PAVLISIN, 0000 PETER B BAUMGARTEN, 0000 RICHARD W. FULLERTON, 0000 ALLISON W. PLUNK, 0000 BRIAN T BECKWITH, 0000 JONATHAN O. GACKLE, 0000 JONATHAN N. PORTIS, 0000 STEVEN F BELSER, 0000 MAX A. GALEAI, 0000 TERRY L. PRIZER, 0000 MICHAEL J BERGERUD, 0000 JOHN R. GAMBRINO, 0000 MARINA C. RAY, 0000 MICHAEL C BERRYMAN, 0000 DOUGLAS K. GELBACH, 0000 RICHARD J. REUSCH JR., 0000 DEBRA A BEUTEL, 0000 MICHAEL W. GEORGE, 0000 CAROLE S. ROBBINS, 0000 ANDREW D BIANCA, 0000 JAMES P. GFRERER, 0000 SUK HI ROSS, 0000 JAMES W BIERMAN JR., 0000 ANDREW J. GILLAN, 0000 KATHLEEN SAMUEL, 0000 DOUGLAS H. BIGGS, 0000 DAVID S. GLASSMAN, 0000 JOHN G. SANFORD, 0000 MICHAEL A. BLACKWOOD, 0000 CHRISTOPHER W. GOEDEKE, 0000 DELIA M. SANTIAGO, 0000 JEFFREY L. BLAU, 0000 PATRICK A. GRAMUGLIA, 0000 CLAIR M. SHEFFIELD, 0000 SEAN C. BLOCHBERGER, 0000 DOMINIC A. GRASSO, 0000 DONNA R. SMITH, 0000 KERRY J. BLOCK, 0000 ALAN S. GREENE, 0000 JEAN E. SPRINGER, 0000 GARY G. BLOESL, 0000 ALAN M. GREENWOOD, 0000 DIANA L. STARKEY, 0000 PHILLIP W. BOGGS, 0000 RONALD A. GRIDLEY, 0000 KEVIN V. STEVENS, 0000 COREY K. BONNELL, 0000 GREGORY J GRINAKER, 0000 HILDEGARDE P. STEWART, 0000 CARMINE J. BORRELLI, 0000 CHRIS M GROOMS, 0000 FRANCIS J. STOECKER III, 0000 EDMUND J. BOWEN, 0000 DANIEL J HAAS, 0000 JULIE M. STOLA, 0000 MICHAEL L. BRAMBLE, 0000 KARL J HACKBARTH, 0000 NAOMI E. STRANO, 0000 GREGORY A. BRANIGAN, 0000 RICHARD D HALL, 0000 ANNATA RAE SULLIVAN, 0000 ROBERT M. BRASSAW, 0000 WILLIAM J HARKINS JR., 0000 PATRICIA J. SWEENEY, 0000 GREGORY T. BREAZILE, 0000 GERALD F HARPER JR., 0000 MYRON J. TASSIN JR., 0000 JAMES C. BRENNAN, 0000 DAWN L HARRISON, 0000 SHARON L. TAYLOR, 0000 MARK C. BREWSTER, 0000 JAMES D HAWKINS II, 0000 RACHEL VLK, 0000 JAMES M. BRIGHT, 0000 KEVIN A HAWLEY, 0000 KARLA J. VOY, 0000 BRADLEY W. BROWN, 0000 SHAWN D HEALY, 0000 MARY C. WAHL, 0000 MICHAEL H. BROWN, 0000 KARSTEN S HECKL, 0000 MARGARET M. WALSH, 0000 RAPHAEL P. BROWN, 0000 ANDREW J HEINO, 0000 ELIZABETH M. WILCOX, 0000 WILLIAM R. BROWN, 0000 MARK A HENSEN, 0000 CYNTHIA K. WRIGHT, 0000 KURT J. BRUBAKER, 0000 JAMES H HERRERA, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STEVEN L. BUCKLEY, 0000 HARRY J HEWSON III, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR WILLIAM S. BUDD, 0000 DAVID M HITCHCOCK, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: ERIC F. BUER, 0000 WILLIAM R HITTINGER, 0000 To be lieutenant colonel CRAIG M. BURRIS, 0000 MARK R HOLLAHAN, 0000 MARK A. BUTLER, 0000 CHARLES M HOLLER, 0000 MARK T. ALLISON, 0000 RAYMOND D. BUTLER, 0000 JEFFREY Q HOOKS, 0000 BARBARA B. ALTERA, 0000 TIMOTHY G. CALLAHAN, 0000 MATTHEW C HOWARD, 0000 ARLEN E. BEE, 0000 WILLIAM E. CALLAHAN, 0000 DAVID S HOWE, 0000 JOSEPH PAUL BIALKE, 0000 SCOTT D. CAMPBELL, 0000 STEPHEN M HOYLE, 0000 JAMES G. BITZES, 0000 RICHARD L. CAPUTO JR., 0000 DONALD E HUMPERT, 0000 WILLIAM B. BOYCE, 0000 JAMES K. CARBERRY, 0000 MICHAEL A HUNTER, 0000 SCOTT K. BRADSHAW, 0000 CHRISTOPHER C. CAROLAN, 0000 NANCY E HURLESS, 0000 JAMES R. BYRNE, 0000 WINFIELD S. CARSON JR., 0000 DOUGLAS G HURLEY, 0000 TODI S. CARNES, 0000 JEFFREY S. CARUSONE, 0000 JAMES H HUTCHINS, 0000 WENDY S. CARROLL, 0000 AUGUSTO G. CATA, 0000 HENRY M HYAMS III, 0000 FERDINANDO P. CAVESE, 0000 CURTIS E. CATENCAMP, 0000 THOMAS D IGNELZI, 0000 DAVID P. CHARITAT, 0000 ROBERT A. CECCHINI, 0000 CHRISTIAN A ISHAM, 0000 JOSEPH E. COLE, 0000 STEVEN E. CEDRUN, 0000 ANNETTE R JACOBSEN, 0000 DEBORAH L. COLLINS, 0000 JOHN H. CELIGOY, 0000 RUDOLPH M JANICZEK, 0000 JAMES H. DAPPER, 0000 JOHN M. CHADWICK, 0000 JEFFREY A JEWELL, 0000 KIRK L. DAVIES, 0000 DAVID G. CHANDLER, 0000 BRANDON F JOHNSON, 0000 MELINDA L. DAVIS PERRITANO, 0000 PHILLIP W. CHANDLER, 0000 CHARLES H JOHNSON III, 0000 ERIC L. DILLOW, 0000 IRA M. CHEATHAM, 0000 JAMES C JOHNSON JR., 0000 THOMAS F. DOYON, 0000 GREGORY L. CHESTERTON, 0000 MARK D JOHNSON, 0000 JAMES M. DURANT III, 0000 STEPHEN S. CHOATE, 0000 MARK T JOHNSON, 0000 THOMAS L. FARMER, 0000 THOMAS M. CLASEN, 0000 THOMAS V JOHNSON, 0000 MARK C. GARNEY, 0000 DAVID L. COGGINS, 0000 GARY S JOHNSTON, 0000 TIMOTHY A. HICKS, 0000 BIAGIO COLANDREO JR., 0000 DAVID R JONESE, 0000 STEPHEN P. KELLY, 0000 MICHAEL G. COLEMAN, 0000 WILLIAM M JURNEY, 0000 LESLIE D. LONG, 0000 ANTONIO COLMENARES, 0000 JEFFREY A KARNES, 0000 JAMES W. MEINDERS, 0000 DANIEL B. CONLEY, 0000 DAVIN M KEITH, 0000 BLAKE C. NIELSEN, 0000 SEAN P. CONLEY, 0000 PATRICK N KELLEHER, 0000 TERRY A. OBRIEN, 0000 WILLIAM J. CONLEY JR., 0000 MICHAEL W KELLY, 0000 MICHAEL J. OCONNOR, 0000 SHAWN P. CONLON, 0000 ANDREW R KENNEDY, 0000 MICHAEL J. OSULLIVAN, 0000 JAMES S. CONNELLY, 0000 MICHAEL W KETNER, 0000 FERAH OZBEK, 0000 JEFFREY T. CONNER, 0000 KEVIN J KILLEA, 0000 CHRISTOPHER M. PETRAS, 0000 KEVIN B. CONROY, 0000 MICHAEL P KILLION, 0000

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 0624 Sfmt 9801 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2722 CONGRESSIONAL RECORD — SENATE February 25, 2003

TRACY W KING, 0000 LARRY D RICHARDS II, 0000 JAMES F WERTH, 0000 BRIAN T KLINE, 0000 MICHAEL B RICHARDSON, 0000 JAMES W WESTERN, 0000 MARK D KNUTH, 0000 JOSEPH R RIZZO, 0000 JOSEPH S WHITAKER, 0000 VINCENT C KUCALA, 0000 EUGENE H ROBINSON JR., 0000 JAMES W WIECKING, 0000 MICHAEL L KUHN, 0000 ROD D ROBISON, 0000 ANDREW G WILCOX, 0000 DOUGLAS S KURTH, 0000 PAUL J ROCK JR., 0000 PATRICK R WILKS, 0000 CHRIS D LANDRY, 0000 STEVEN A ROSS, 0000 KIRK C WILLE, 0000 MICHAEL J LEE, 0000 GARY P RUSSELL, 0000 EUSEEKERS WILLIAMS JR., 0000 FREDERICK H LENGERKE, 0000 LAWRENCE S RYDER, 0000 GEORGE S WILLIAMS, 0000 JOSEPH A LETOILE, 0000 BRYAN F SALAS, 0000 BRENT S WILLSON, 0000 FRANK LUSTER III, 0000 MICHAEL SALEH, 0000 GARY A WINTERSTEIN, 0000 PAUL G MACK, 0000 TIMOTHY M SALMON, 0000 WILLIAM P WITZIG, 0000 KEVIN W MADDOX, 0000 NOEL B SANDLIN, 0000 KENNETH P WOLF JR., 0000 THOMAS P MAINS III, 0000 JAMES B SCHAFER, 0000 JEFFREY A WOLFF, 0000 KATHY J MALONEY, 0000 DAVID A SCHLICHTING, 0000 DAKOTA L WOOD, 0000 DAREN K MARGOLIN, 0000 DOUGLAS R SCHUELER, 0000 JOHN R WOODWORTH, 0000 GREGORY L MASIELLO, 0000 MARC A SEHRT, 0000 HUGH A WORDEN, 0000 REY Q MASINSIN, 0000 CHRISTOPHER C SEYMOUR, 0000 MARK A WORKMAN, 0000 DAVID W MAXWELL, 0000 ROSEANN L SGRIGNOLI, 0000 ANTHONE R WRIGHT, 0000 TIMOTHY A MAXWELL, 0000 ANDREW G SHORTER, 0000 JOHN T YANVARY, 0000 MICHAEL A MCCARTHY, 0000 JOSEPH F SHRADER, 0000 MARK E YAPP, 0000 MITCHELL J MCCARTHY, 0000 SCOTT C SHUSTER, 0000 SCOTT E YOST, 0000 THOMAS R MCCARTHY JR., 0000 PAUL G SICHENZIA, 0000 MICHAEL W YOUNG, 0000 DARIN J MCCLOY, 0000 JAMES L SIGMON III, 0000 ROBERT C YOUNG, 0000 BRIAN K MCCRARY, 0000 CHRISTOPHER J SILL, 0000 KENNETH ZIELECK, 0000 KEVIN F MCCRAY, 0000 JOHN A SISSON, 0000 PHILLIP J ZIMMERMAN, 0000 LANCE A MCDANIEL, 0000 SCOTT R SIZEMORE, 0000 JAMES F MCGRATH, 0000 STEPHEN D SKLENKA, 0000 IN THE NAVY DAVID W MCMORRIES, 0000 WILLIAM N SLAVIK, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRAD J MCNAMARA, 0000 ANDREW H SMITH, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRENT E MEEKER, 0000 ANTONIO B SMITH, 0000 UNDER TITLE 10, U.S.C., SECTION 624: JACQUELINE R MELTON, 0000 LARRY E SMITH II, 0000 LUIS A MERCADO, 0000 RICHARD C SMITH, 0000 To be commander GLEN MILES, 0000 RUSSELL E SMITH, 0000 SCOTT T MINALDI, 0000 STEPHANIE C SMITH, 0000 ROSEMARIE H. O’CARROLL, 0000 JAMES J MINICK, 0000 CHRISTOPHER B SNYDER, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DENNY A MIRELES, 0000 BRUCE W SODERBERG, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY FRANK G MITTAG, 0000 NANCY A SPRINGER, 0000 UNDER TITLE 10, U.S.C., SECTION 624: JACK P MONROE IV, 0000 CHRISTOPHER C STARLING, 0000 EDWARD M MONTGOMERY, 0000 JOHN B STARNES, 0000 To be lieutenant commander LOUIS J MORSE JR., 0000 DENNIS R STEPHENS, 0000 FRANK R MOTLEY JR., 0000 JAMES C STEWART, 0000 JOHN M. HAKANSON, 0000 PAUL L MULLER, 0000 RICHARDO C STEWART, 0000 MICHAEL J MURPHY, 0000 MICHAEL R STROBL, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ANDREW J MURRAY, 0000 SAMUEL T STUDDARD, 0000 TO THE GRADE INDICATED IN IN THE UNITED STATES RICHARD J MUSSER, 0000 EUGENE L SUMMERS, 0000 NAVY UNDER TITLE 10, U.S.C., SECTION 624: STEPHEN M NEARY, 0000 FRANK J SVET, 0000 To be lieutenant commander SAMUEL C NELSON III, 0000 MICHAEL M SWEENEY, 0000 RANDALL P NEWMAN, 0000 STEPHEN P SWEENEY, 0000 DANIEL P ARTHUR, 0000 STEPHEN C NEWMAN, 0000 TRACY J TAFOLLA, 0000 JOSEPH J BIONDI, 0000 TERRENCE A OCONNELL, 0000 TROY D TAYLOR, 0000 MARK E COOPER, 0000 PATRICK ODONNELL, 0000 TRAVIS A TEBBE, 0000 ROBERT V DANIELS, 0000 MICHAEL R ORR, 0000 STEPHEN R TERRELL, 0000 CHRISTOPHER S DIGNAN, 0000 DAVID A OTTIGNON, 0000 HUGH V TILLMAN, 0000 JAMES S DYE, 0000 JOSEPH T PARDUE, 0000 PAUL TIMONEY, 0000 TIMOTHY T EARL, 0000 DOUGLAS W PASNIK, 0000 WILLIAM A TOSICK II, 0000 JASON C EATON, 0000 PAUL D PATTERSON JR., 0000 VAN K TRAN, 0000 THOMAS J FITZGERALD, 0000 ROY D PAUL, 0000 JOHN D TROUTMAN, 0000 TIMOTHY J HERALD, 0000 CURTIS M PERMITO, 0000 DAVID L TURNER, 0000 CHARLES B JACKEL, 0000 ROBERT A PESCATORE, 0000 DARIO W VALLI, 0000 GARY L JACOBSEN, 0000 ROBERT R PIATT, 0000 KRISTI L VANGORDER, 0000 RICHARD LEBRON, 0000 CHARLES D PINNEY, 0000 DALE S VESELY, 0000 HANS E LYNCH, 0000 PAUL A POND, 0000 WILLIAM A VISTED, 0000 MATTHEW S MEMMELAAR, 0000 PETER D PONTE, 0000 JAMES A VOHR, 0000 MATTHEW J MULCAHY, 0000 SERGIO POSADAS, 0000 COLBY C VOKEY, 0000 CHASE D PATRICK, 0000 ROBERT D PRIDGEN, 0000 CHRISTOPHER J WAGNER, 0000 STEPHEN J PAYSEUR, 0000 CHARLES E PROTZMANN, 0000 THOMAS F WALSH III, 0000 EDWARD J ROBLEDO, 0000 JOHN M PUSKAR, 0000 HOWARD S WALTON, 0000 STACY L SCHWARTZ, 0000 WARD V QUINN III, 0000 JOHN J WANAT, 0000 JOHN J SEIFERT, 0000 JEFFREY M REAGAN, 0000 ANDREW J WAREHAM, 0000 CALVIN F SWANSON, 0000 DAVID L REEVES, 0000 VINCENT P WAWRZYNSKI, 0000 BRIAN L TOTHERO, 0000 GERALD R REID, 0000 JOHN S WEDEMEYER, 0000 RICHARD K VERHAAGEN, 0000 PHILLIP J REIMAN, 0000 THOMAS D WEIDLEY, 0000 ALEXIS T WALKER, 0000 JOHN C REIMER, 0000 BRADLEY E WEISZ, 0000 JOHN A WARDEAN, 0000 AUSTIN E RENFORTH, 0000 DAVID P WELLS, 0000 JAMES A WIEST, 0000 STEPHEN E REYNOLDS, 0000 STEPHEN A WENRICH, 0000 WALTER C WRYE IV, 0000

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00102 Fmt 0624 Sfmt 9801 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY