15270 CONGRESSIONAL RECORD—SENATE July 1, 2005 She was recognized for her service in Intelligence Director, John on more than 3 years of work, over a 1995, when she was inducted into the Negroponte. dozen hearings, testimony from more National Women’s Hall of Fame. As I reflect on the goals set out in that 100 witnesses, and countless hours Sandra Day O’Connor has accom- January, we took on big and urgent of negotiation. It was supported by a plished more in a lifetime than many challenges. And our actions have trans- deep and broad coalition—from State would imagine possible. lated into solutions. Together we are and local highway authorities to na- Yet, throughout that breathtaking moving America forward. tional safety advocates. journey to the top, she never lost sight When we began the 109th Congress 6 As every commuter knows, America’s of her humble roots, and never lost months ago, America faced a number of roads have become choked with traffic. sight of the people she served. structural problems threatening our In many American cities, rush hour As she told a reporter in a 1996 inter- safety, prosperity, and freedom. now lasts all day long. view that she never expected or aspired America was drowning in lawsuit Worse yet, car crashes are the No. 1 to be a justice, and still considers her- abuse. Our highways and ports were cause of death for every age from 3 to self ‘‘just a cowgirl from Arizona.’’ falling into disrepair. We were hitting 33. Last year, nearly 43,000 people died While the ‘‘cowgirl from Arizona’’ our 10th year with no energy plan and in car accidents. may never have dreamed of riding to becoming ever more dependent on for- Transportation Secretary Norm Mi- the highest court in the land, America eign oil. Partisan obstruction was tear- neta rightly observed that, ‘‘If this is fortunate that she did. ing apart the confirmation process. Our many people were to die from any one A brilliant jurist, a bright legal troops in the field needed our support. disease in a single year, Americans mind, and a compassionate woman— And over the Christmas holiday, a tsu- would demand a vaccine.’’ she has earned her place in history for nami disaster devastated Southeast This year, we were able to provide re- more reasons than one. Asia. lief. By a vote of 89 to 11, we passed the I am sure that Justice O’Connor is We needed to take bold action, so I long overdue SAFETEA bill. As com- looking forward to spending time with laid out a plan. munities improve their roads and We began by passing the 5th fastest her husband, John, and their family ports, America’s drivers will face less budget in Senate history. That allowed during her retirement. time sitting in traffic, burning up time us to move on to the issues starting And Karyn and I wish her and her and gas. with class action. Frivolous lawsuits family much joy and happiness in this Which brings me to energy. Like the were so out of control that litigation in new chapter of life. highway bill and lawsuit abuse reform, America had become the most expen- On behalf of the entire United States energy policy had languished for sive in the world. In 2003, the tort sys- Senate and a grateful Nation, I com- years—in this case, for over a decade. tem cost an incredible $246 billion— mend Justice Sandra Day O’Connor for While Congress dithered, oil prices more than the total economic output a lifetime of distinguished service to soared. of my home State of Tennessee. Likewise, instead of the lowest nat- our great Nation. Frivolous filings dull our competitive ural gas prices in the industrialized As the Senate moves forward to con- edge, clog up State courts, waste tax- world, we have the highest. firm a new nominee for the high Court, payer dollars, and lead to outrageous And because of high natural gas it’s important that we remember her settlements that award trial attorneys prices, manufacturing and chemical legacy. multimillion-dollar fees while their cli- jobs have been steadily moving over- America needs judges who are fair, ents get pennies. independent, unbiased and committed Reform was long overdue. So we seas. Farmers are taking a pay cut. to equal justice under the law. I am pulled together and finally passed a Consumers are paying too much to confident that the President will select comprehensive class action reform bill heat and cool their homes. Commu- a qualified replacement justice who with nearly three-quarters of the Sen- nities across the country are suffering. embodies these qualities. ate voting in favor. One week later, the And as many as 2.7 million manufac- And I look forward to working with bill was signed into law. And we deliv- turing jobs have been lost because of my colleagues to ensure a fair con- ered to America a victory for fairness. soaring prices. firmation process in the Senate that With this success at our backs, we All the while, we have grown dan- will ensure the Supreme Court is at turned to bankruptcy abuse. gerously reliant on foreign sources of full strength to start its next term in Bankruptcy reform had long been in energy. And some of those foreign October. the works. Similar bills had passed the sources do not have America’s best in- I yield the floor. 105th, 106th and 107th Congresses. In terests at heart. f this Congress, we passed the most With all of this as a backdrop, we were finally able, this week, to pass a SENATE ACCOMPLISHMENTS sweeping overhaul of bankruptcy law in 25 years to restore fairness, integ- comprehensive Energy bill. It took 10 Mr. FRIST. Mr. President, before we rity and personal responsibility to the years, but we made it. And I am hope- leave for the Fourth of July recess, I system. And like class action, the ful that, soon, we will be able to deliver want to congratulate my colleagues for bankruptcy bill passed with broad, bi- to the American people an energy plan their hard work and focus over the past partisan support. the makes America safer and more se- 6 months. We have worked hard to de- I thank my colleagues for finally get- cure. liver meaningful solutions for the ting these reforms through. It was not Another area where we simulta- American people, and we have suc- easy. A rich and powerful constituency neously strengthened America’s na- ceeded. had a lot to lose from reform. But com- tional and economic security was with From lawsuit reform to trade and en- mon sense prevailed and we were able the passage of the Central American ergy policy, we have tackled a number to return fairness to the system. Free Trade Agreement last night. of key issues that will make America There is still much to do to curb the The agreement, which President stronger, more prosperous and more se- lawsuit culture: asbestos, gun liability, Bush signed in May of 2004, will elimi- cure. and medical malpractice. But I am nate most trade barriers between the We also confirmed six new members hopeful that the bipartisan spirit that United States, Costa Rica, El Salvador, of the President’s administration, in- carried us this far will continue to Guatemala, Honduras, Nicaragua, and cluding Secretary Condoleezza Rice, push us across the finish line. the Dominican Republican. Homeland Security Chief Michael The highway bill was another area CAFTA will open the doors to 44 mil- Chertoff, Attorney General Alberto where we were able to come together lion new consumers of American goods. Gonzales, Trade Representative Rob and keep America moving forward. And more sales to Central America Portman, EPA Administrator Stephen The highway bill was the result of a mean more jobs here at home. L. Johnson, and the first ever National long, bipartisan process. It was based It also means a more shared values.

VerDate Sep 11 2014 10:31 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR01JY05.DAT BR01JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 1, 2005 CONGRESSIONAL RECORD—SENATE 15271 Twenty years ago, only two of the But they will not succeed. We will do what is right for the country, to set CAFTA nations were established de- win this war. But to do so, we must aside partisanship and let the Senate mocracies—Costa Rica and the United continue to stand together, united in do its work, vote up or down, yes or no. States. Today, all seven can be counted support of our troops and in support of We have much to do when we get among the free nations of the world. our values. The terrorists are no match back. It will be a busy month. I look By linking their economies with for the will of the American people. forward to getting down to business democratic capitalism, CAFTA will And as Senators, we have no higher and passing more legislation, like the help gird these nations against the duty than to protect our fellow citi- Genetic Non-Discrimination Act we threats posed in the neighborhood, zens’ safety and well being. passed in February, that makes Amer- mainly Venezuela and Cuba. It will The past 6 months were not without ica more secure. strengthen their democracies and pro- their tense and dramatic moments in I thank my colleagues for their hard vide a model for freedom seekers the Senate—none were more dramatic work. I wish them a safe, productive around the world. than the battle to confirm the Presi- and energizing holiday recess. Which brings me to our outstanding dent’s judicial nominees. The ACTING PRESIDENT pro tem- work on the world stage. In April, by a We appear to have begun to repair pore. The Senator from Kentucky. near unanimous vote, we passed the the confirmation process and restore Mr. MCCONNELL. Mr. President, I emergency defense and war supple- dignity, fairness, and respect to our de- ask unanimous consent that at the mental and Tsunami relief. bates. conclusion of my very brief remarks On the morning of December 26th, As we said all along, each of these about the retirement of Justice O’Con- the world woke up to the terrible tsu- candidates was amply qualified, and nor, Senator VOINOVICH be recognized nami disaster in Southeast Asia. enjoyed the majority support of the for up to 15 minutes. Deep in the Indian Ocean, an enor- Senate. Each would be confirmed if The ACTING PRESIDENT pro tem- mous earthquake, estimated at a mag- brought to the Senate floor. And each pore. Is there objection? nitude of 9.0 on the Richter scale—pos- of them were: Priscilla Owen, Janice Mr. STEVENS. May I inquire, does sibly one of the most powerful earth- Rodgers Brown, William Pryor, Rich- the Senator from Ohio intend to speak quakes in history—caused a dev- ard Griffin, David McKeague, and Tom about Justice O’Connor? astating tsunami which killed over Griffith were all confirmed to the Fed- Mr. VOINOVICH. I do not. 155,000 people, seriously injured half a eral bench. Mr. STEVENS. Mr. President, would million, and displaced as many as 5 Unfortunately, in the process, they the Senator mind if I made a short million from their demolished homes. statement about Justice O’Connor be- Thousands of people were literally had to endure continuous, unfair at- fore he speaks? washed out to sea as the enormous wall tacks on their character. Some of the Mr. VOINOVICH. I have been here of water traveling at speeds of up to 500 nominees in the last Congress found since 10 minutes to 10 waiting to give a miles per hour in the open ocean the process so painful, they dropped speech. I have a schedule today. I struck the coasts of the Indian Ocean out rather than continue on. It is no wonder that we now hear re- would like to have my time. rim. As the waves receded, they took ports that smart, qualified judges do Mr. STEVENS. Very well. with them whole towns and villages. In the face of this terrible tragedy, not want to be considered for confirma- The ACTING PRESIDENT pro tem- America took swift action. tion to the Federal bench. They have pore. Without objection, it is so or- We immediately dispatched military concluded that Washington is no place dered. ships, planes and helicopters to deliver to risk your reputation—you may The Senator from Kentucky. aid. Twelve thousand of our men and never get it back. Mr. MCCONNELL. Mr. President, I women in uniform worked around the Unfortunately, we see this now with rise today to briefly celebrate the serv- clock to reach survivors. And Ameri- the nomination of John Bolton to the ice of Justice Sandra Day O’Connor. I cans here at home, moved by the ter- United Nations. met Justice O’Connor through my wife, rible images and stories, gave millions I have listened to my Democrat col- Labor Secretary Elaine Chao. Justice out of their own pockets to help. leagues and heard their requests. I O’Connor swore her in for two of the I had the opportunity to travel to the have no choice but to conclude that positions she has held in the Federal region with Senator LANDRIEU to sur- some on the other side are engaged in Government, as chairman of the Fed- vey the damage and meet with local plain, partisan obstruction. eral Maritime Commission and, also, doctors and government officials. We John Bolton has a long record of suc- most recently, as Secretary of Labor. learned that it will take years for the cessfully serving his country. He has Through Secretary Chao, I have seen region to recover. Many families never been confirmed by the Senate no less her on several occasions socially. I will. than four times. must say that she is an extraordinary The legislation we passed in April I have been more than willing to try individual. During her time on the provides an additional $880 million to to reach a fair accommodation with Court, Justice O’Connor has proven help the victims recover and rebuild. the various requests, but the goalposts herself to be a brilliant jurist and a The tsunami story may no longer be keep moving. strong defender of the Constitution. grabbing headlines, but America is still This is a critical time for the United She is known for her fairness and her hard at work doing its part. States and for the world. Because of desire to seek practical solutions for We are still also hard at work fight- the President’s vision and commit- even the most difficult decisions upon ing the war on terror. And the emer- ment, democracy is on the march which the Court had to rule. gency defense bill provides $75.9 billion around the globe. And with sensible re- Justice O’Connor has proved to be an in support for our brave soldiers in Af- form, the United Nations can and independent thinker and a vigorous ghanistan and Iraq hunting down the should be vital in advancing these de- questioner, narrowing in on precise enemy, helping to rebuild and spread velopments. But we need to get a U.N. legal issues with laser-like precision freedom and democracy. ambassador in place to make that from the bench. She has lived up to the As the President reminded the Na- change happen. promise to respect the Constitution tion this week, we are engaged in an We have before us a smart, prin- and to interpret the law judiciously, epic struggle. The terrorists and insur- cipled, and straightforward candidate seeking the narrowest reach possible gents want to deny the Iraqi people the who will effectively articulate the for the Court’s rulings. Justice O’Con- freedoms that are the right of all man- President’s policies on the world stage. nor is known for approaching each case kind. We were assured that the partisan individually, seeking to arrive at prac- They want democracy in Iraq to fail, obstruction would stop. But as we see tical conclusions. so that they can seize power and spread with the John Bolton nomination here Justice O’Connor has been a great ad- their poison. we are again. I urge my colleagues to vocate for the Court. She has traveled

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Justice O’Con- to be the face of the United States to ference at the White House, just a nor’s love of this Nation, its judicial the world community must be able to month ago, he stated: process, and the law is widely known. advance our objectives through diplo- The best way to solve any difficult situa- In her most recent book, ‘‘Majesty of macy and improve the world’s opinion tion is through diplomacy. the Law, Reflections of a Supreme of the United States at this critical In response to questions about Iran, Court Justice,’’ she insightfully de- time. America’s image is in trouble. the President stated that U.S. policy is scribes the institution of the Court, its World opinion is increasingly negative to let diplomacy work its way and to history, customs, and some of its most when it comes to the United States. It solve the problem with diplomacy, able members. Certainly, we will all is not limited to Muslim countries. working with the EU–3, France, Great agree that Justice O’Connor will long Polls of traditional allies and nonallies Britain, and Germany. be remembered as one of the most dis- reveal a dangerous rise in negative In response to questions about North tinguished persons ever to serve on the opinion since the beginning of the con- Korea, the President said: High Court. We wish her very well in flict in Iraq. The Associated Press re- her retirement. ported that the popularity of the We want diplomacy to work. I yield the floor. United States in many countries, in- Repeating: The ACTING PRESIDENT pro tem- cluding many in Europe, is lagging be- We want diplomacy to be given a chance to pore. Under the previous order, the hind even Communist China. work. Senator from Ohio is recognized for 15 According to the Pew Research Cen- And that is exactly the position of minutes. ter for the People and the Press, about the Government. Mr. VOINOVICH. Mr. President, I two-thirds of Britain, 65 percent, saw Based on these statements, there is just found out that Sandra Day O’Con- China favorably compared with 55 per- no doubt that U.S. national security nor has resigned from the Supreme cent who held a positive view of the strategy is going to rely on diplomacy Court. I think regardless of what our United States. It is easy to understand for the months ahead, and our ambas- political persuasion is or our ideology, why our friend, British Prime Minister sador to the United Nations must have we all respect her for living up to her Tony Blair, lost 30 seats in the Par- the ability to implement this Presi- oath of office in that her presence on liament. dential strategy. the Supreme Court is going to be The 9/11 Commission made this point I recently spoke with Comptroller missed by this country. in its report that negative opinions of General David Walker who heads the f the United States have a serious im- Government Accountability Office and pact on U.S. national security objec- NOMINATION OF JOHN BOLTON is an expert on change in governmental tives. The report stated that winning organizations and how one achieves re- Mr. VOINOVICH. This is the third hearts and minds through public diplo- form in a governmental organization. time I have come to the Senate floor to macy is just as critical to the war on He said that in order to be successful speak about the nomination of John terrorism as other tools, such as mili- on reform, you need someone who re- Bolton to be the next ambassador to tary assets and intelligence. I know I spects the institution to be reformed the United Nations. It is particularly am not the only American who is dis- and who is respected by the institu- apropos because the Senate is on the turbed by these numbers. The allega- tion. eve of going into the Fourth of July re- tions and the criticism do not reflect In a March 2005 article in the Los An- cess. The record before the Senate doc- the facts and are in no way fair to the geles Times, it was reported that Mr. uments the allegations related to Mr. United States of America. Our country Bolton was asked why he opposed offer- Bolton’s lack of interpersonal skills is a decent, generous country that has ing incentives to North Korea to aban- and management style, the pattern of sacrificed a great deal for our brothers don its nuclear weapons program. intimidation with intelligence ana- and sisters throughout the world. Our Mr. Bolton stated, ‘‘I don’t do car- lysts, and the allegations that Mr. men and women have sacrificed their rots.’’ Bolton had a habit of cherrypicking in- lives in many wars and peacekeeping Any competent diplomat knows you telligence to suit his perception of the operations so that others could be free need both a carrot and a stick to be world and his ideology. from oppression and free to pursue hap- successful. One would assume by that The record has also documented Mr. piness. statement that Mr. Bolton’s mode of Bolton’s tendency to stray off message In Iraq, the deaths of over 1,700 diplomacy is solely through carrying a in a manner that could harm U.S. in- Americans and the injuries borne by al- big stick. terests and his need for supervision most 13,000 Americans bear witness to from higher authorities to prevent him this sacrifice. But the fact is, we have I will read a few quotes of many Mr. from hurting U.S. objectives. The to do a better job of getting our mes- Bolton has spoken over the years: record documents the fact that I was sage out. There’s no such thing as the United Na- given assurances by the Secretary of Our President, who made an out- tions. State, Condoleezza Rice, that Mr. standing case for our need to stay the If the U.N. Secretary Building in New York lost 10 stories, it wouldn’t make a difference. Bolton would be supervised closely in course in Iraq the other night, has stat- Not only do I not care about losing the his new position at the U.N. Because of ed on a number of occasions that we General Assembly vote, but actually see it as these concerns—and according to other need to improve our public diplomacy, a ‘‘make my day’’ outcome. Members of the Senate, they were and he has been very successful in Most recently, in answering a ques- given the same assurances—the ques- pushing forward that agenda in recent tion from Juan Williams from National tion we all have to ask is, Why would months. As I mentioned before, the Public Radio, Mr. Bolton said: we send someone to the United Nations President has nominated Karen Hughes who needs supervision? to head up his public diplomacy efforts If I were redoing the Security Council I did not come to the floor today to today, I’d have one permanent member be- at the State Department, under- cause that’s the real reflection of the dis- repeat the record, although these standing that it is going to take a tal- tribution of power in the world. issues are very important to our deci- ented individual to get the job done. He Mr. Williams queried: sion to confirm Mr. Bolton as our next has also been very successful in ambassador to the United Nations. I strengthening relationships with key And that one member would be, John came to the floor to talk about why allies in the last several months. Bolton? this nomination is particularly unique The President has been very clear Mr. Bolton responded: and why it is particularly important at about the importance of diplomacy in The United States.

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