October 1, 1999 CONGRESSIONAL RECORD — SENATE S11793 officials writing these letters will at visioned under the Low-Level Radio- again be without access to disposal ca- least have a chance to better under- active Waste Policy Act, signed by pacity for much of their low-level ra- stand the environment in which we President Jimmy Carter in 1980. That dioactive wastes.’’ Barnwell could de- live. They would live in our neighbor- legislation resulted from states lob- cide to close or curtail access as early hoods, and send their kids to school bying through the National Governors’ as 2000, and, at best, will only be open with ours. If you’re going to get fined, Association (NGA) to control and regu- until 2010. The facility disposes of they’ll have to look us in the eye. late LLRW disposal. An NGA task wastes that are only slightly contami- There would be no more scary certified force, that included Governor Bill Clin- nated with radioactivity and thus is letters from distant bureaucrats in Se- ton of Arkansas and was chaired by not available for all storage. attle. Governor Bruce Babbitt of Arizona, In ten years states will be searching In the meantime, I’m inviting the recommended the states form special for storage as well as disposal. That Regional Administrator of the EPA to compacts to develop shared disposal fa- storage will be near every university, come and stand with me on Gravina Is- cilities. pharmaceutical company, hospital, re- land, across from Ketchikan, where 13 The GAO study, which I requested, search facility or nuclear power plant. feet of rain falls each year. As the rain states, ‘‘By the end of 1998, states, act- It may be down the street from you or from a driving rainstorm fills his wing- ing alone or in compacts, had collec- within your city limits. And we have tips and rivulets of water cascade down tively spent almost $600 million at- the Clinton administration to thank the hill into the Tongass Narrows, I’ll tempting to develop new disposal fa- for bringing the materials into our ask him to point out where the wet- cilities. However, none of these efforts communities like a quiet Trojan horse lands end and the uplands begin. I’ll have been successful. Only California instead of working with states to es- also ask him to describe the irreplace- successfully licensed a facility, but the tablish a secure waste facility. Let’s able environmental value of the federal government did not transfer to hope nothing ever opens the belly of muskeg that the EPA wants us to keep the state federal land on which the pro- the beast accidentally. undisturbed. If I’m not satisfied with posed site is located.’’ f his answers I’ll advise him to start Secretary of the Interior Bruce Bab- TAKEOVER OF THE FISHERIES IN looking at real estate in Alaska, and bitt stopped the California facility at ALASKA suggest he hold a garage sale in prepa- Ward Valley from ever becoming re- Mr. MURKOWSKI. Mr. President, the ration for a move out of Seattle. Mean- ality. National environmental groups Secretary of the Interior today, under while, be afraid. Be very afraid. and Hollywood activists made Ward the authority of current law, has taken f Valley a rallying cry, claiming waste would seep through the desert to the over the management of fisheries in NUCLEAR TROJAN HORSE water table and into the Colorado my State of Alaska. Our State legisla- Mr. MURKOWSKI. Mr. President, River. They claimed to believe this de- ture has been trying to resolve this physicians use a specially engineered spite two complete environmental im- problem, along with the Governor and our delegation, for some time. Unfortu- radioactive molecule as sort of a nu- pact statements that found no signifi- nately, we were unable to resolve it clear Trojan horse in the battle against cant environmental impacts associated within the timeframe, so the Feds have pancreatic cancer. The molecule is ab- with a disposal facility at Ward Valley sorbed by the cancer cells and only by officially taken over beginning today. in the Mojave Desert. Secretary Bab- I have directed a letter to the Sec- the cancer cells. Once inside, the radi- bitt asked the National Academy of retary of Interior putting him on no- ation breaks up the DNA and kills the Science to convene an expert panel to tice that, as chairman of the com- tumor cell—another amazing tool in determine whether the Colorado River mittee of oversight, chairman of the the war on cancer. was threatened, and said he would Energy Committee, I will be con- The physicians, technicians and even abide by their conclusions. In May 1995, ducting a series of oversight hearings clean-up crews must carefully dispose the Academy scientists concluded that on the implementation of his regula- of the medium that stored the radio- the Colorado River was not at risk. tions to ensure there is a cooperative active molecule and other items that Yet, the property was never trans- effort and involvement of a public may have come in contact with the ra- ferred. process with the State of Alaska, De- dioactive materials. There are strict But the importance of this issue ex- partment of Fish and Game, and the procedures for disposing of such wastes tends well beyond the borders of the people of Alaska, as he promulgates his by hospitals, universities, power plants State of California or the borders of its regulations, to ensure we are not taken and research facilities. fellow compact members, Arizona, and advantage of by an overzealous effort But, in a way, that waste itself is a North and South Dakota, which by the Department of Interior to man- Trojan horse, sitting innocently in ga- thought they had a deal with the fed- date procedures only in the State of rages or closets in sites all over the eral government. The losers are all Alaska. country, waiting to be opened up and Americans who believe the President We are the only State in the Union released on the public by an act of ter- and the executive branch should uphold where the Federal Government has rorism or of nature like the recent federal law, not ignore it and obstruct taken over the management of fish and floods the East sustained, or the earth- it for the sake of campaign contribu- game. Many Alaskans are wondering quakes and wildfires more common to tions. just what statehood is all about if, in- the West coast. Most dangerous would The GAO states that several reasons deed, we are not given the authority to be fire which would put the radioactive are behind the rest of the states giving manage our fish and game. materials into smoke that could be up on siting new waste disposal facili- I will save that for another day. I breathed by anyone near the fire. ties. Public and political opposition is yield the floor. Why is this a problem? Because there cited as the strongest prohibiting fac- f are only three facilities in the entire tor. Another reason is that, for the country that safely can accept such time being, states have access to a dis- JUDICIAL NOMINATIONS low-level radioactive waste, LLRW: posal facility at Barnwell in South Mr. LEAHY. Mr. President, I said that is material contaminated as a re- Carolina, Richland in Washington Tuesday of last week that the series of sult of medical and scientific research, State and Envirocare in Utah. A very votes the Senate took that day, in nuclear power production, bio- positive reason cited is the reduction which we were unable to consider and technology and other industrial proc- in the volume of low-level waste that is vote on the nominations of Judge Rich- esses. In 1996, about 7,000 cubic meters being generated, with waste manage- ard Paez and , was un- of LLRW was produced in the nation. ment and treatment practices includ- precedented. I expressed my concern A study released by the General Ac- ing compaction and incineration. that the Senate not go so far off the counting Office at the end of Sep- However, the report cautions, ‘‘With- tracks of our precedents that we end up tember 1999, holds out little hope for in 10 years, waste generators in the 41 creating a problem, not just for this the construction of any new low-level states that do not have access to the administration, but for any future ad- radioactive waste disposal sites as en- Richland disposal facility may once ministration.

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11794 CONGRESSIONAL RECORD — SENATE October 1, 1999 Today, we at least break out of the Judge Richard Paez has an extraor- Berzon, and nobody objects on the impasse of last week, and move forward dinary record. He was praised by Re- Democratic side of the aisle to them toward voting on all the judicial nomi- publicans and Democrats before our coming to a vote. We are prepared to nations before the Senate. Just so we committee. He was nominated January vote at any time, any moment, any understand where we are, I said last 25—not January 25 of this year, 1999; day. There are no holds on this side of week that Democrats were prepared to not January 25 of 1998; not January 25 the aisle. vote on all of the judicial nominations of 1997; but January 25 of 1996. He has I said last week I do not begrudge pending on the Senate Executive Cal- been pending 44 months. Vote for him Ted Stewart a Senate vote. I do not. He endar. Today we provided additional or vote against him, but do not put is entitled to a vote. He went through evidence of our resolve to do so. We did him in this kind of nomination limbo, the confirmation process. The Senate that by agreeing to a debate and a con- which becomes a nomination hell. Judiciary Committee voted him out. It firmation vote on the nomination of Justice Ronnie White, an extraor- was not a unanimous vote, but he was Brian Theadore Stewart to the United dinary jurist from Missouri, an out- voted out of the committee, and he is States District Court for the District standing African American jurist, he entitled to a vote. If Senators do not of Utah, as well as other nominees was nominated on June 26—not June 26 want to vote for him, vote against him. pending before the Senate. of 1999, not June 26 of 1998, but June 26 If Senators want to vote for him, vote Of course, the Senate has confirmed of 1997. After more than two years, this for him. I intend to vote for him. I in- Victor Marrero and James Lorenz. I nomination remains pending. Vote up, tend to give the benefit of the doubt congratulate, incidentally, Senator vote down, but do not take such an in- both to the President and to the chair- SCHUMER and Senator FEINSTEIN and sulting and arrogant and demeaning man of the Senate Judiciary Com- Senator BOXER, for the efforts they attitude on behalf of the Senate of not mittee who recommended him. have made on behalf of those nominees. allowing this good jurist to come to a But I also ask the same sense of fair- ness be shown to everybody else on the I thank the Democratic leader for all vote. his efforts in resolving this impasse, in Marsha Berzon, again, nominated calendar. The Senate was able to con- securing a vote on the nomination of January 27, but not of this year, of last sider and vote on the nomination of Ray Fisher, and, in particular, a vote year. Her nomination has been pending Robert Bork to the U.S. Supreme on the nomination of Justice Ronnie for almost two years. Allow her to Court, as controversial as that was, in White. Justice Ronnie White is eventu- come to a vote. 12 weeks. The Senate was able to con- ally, finally—I emphasize finally— I contrast this, even though we have sider and vote on the nomination of Justice Clarence Thomas in 14 weeks. going to get an up-or-down vote next a Democratic President and nomina- We ought to be voting on the nomina- Tuesday. Also, Ray Fisher and Mr. tions are usually the prerogative of tion of Judge Richard Paez, which has Stewart will be voted on next Tuesday. whoever the President is, of that party, But our work is not complete. I look with a nomination made on behalf of a been pending almost 4 years, and that forward to working with the majority Republican Senator who happens to be of Marsha Berzon, which has been leader to fulfill the Senate’s duty to a dear friend of mine. That man was pending almost 2 years. Let us have a vote on the nominations of Judge Rich- nominated on July 27 this year, barely sense of fairness. Let us bring them up and let us remove this notoriety the ard Paez and of Marsha Berzon. These two months ago. That nomination, the Senate has received, the notoriety es- are nominations that have been pend- nomination of Brian Theadore Stewart, tablished and emphatically proven, ing for a very long time. will be voted on next week. Good for that if you are a woman or a minority, This debate is about fairness and the him, I say. issue that remains is the issue of fair- He has been considered promptly and you take longer to get confirmed, if ness. For too long, nominees—judicial will be brought up for an up or down you ever get confirmed at all. That is nominees such as Judge Paez, Ms. vote. There are some on this side of the wrong. We should be colorblind; we should be gender blind. Most impor- Berzon and Justice Ronnie White of aisle who oppose him and will vote tantly, we should be fair. Missouri, and executive branch nomi- against him. But every single Demo- I should note, in fairness to the dis- nees like Bill Lann Lee, have been op- crat, whether they are going to vote tinguished chairman of the Judiciary posed in anonymity, through secret against him or for him, should allow Committee, in committee he did vote holds and delaying tactics—not by him to be voted on and they will. That for Judge Paez, Justice White, and Ms. straight up-or-down votes where Sen- nomination has been pending 2 months. Berzon and, of course, Ted Stewart, as Let us have the same fairness on the ators can vote for them or vote against did I. Now I work with both he and the other side of the aisle for Marsha them. majority leader to bring them to a They have been forced to run some Berzon, after 20 months, Justice Ron- final vote by the Senate. kind of strange in-the-dark gauntlet of nie White after 27 months, and Judge I also want to work with those Sen- Senate confirmations. Those strong Richard Paez after 44 months, espe- ators who are opposed to bringing enough to work through that secret cially—and some people may wish I Judge Paez or Marsha Berzon to a vote. gauntlet and get reported to the floor would not say this on the floor, but es- I read in the papers where we have are then being dealt the final death pecially after the nonpartisan report done away with secret holds in the blow through a refusal of the Repub- which came out last week that con- Senate, but apparently not for every- lican leadership to call them up for a firmed what I have said on this floor body. Apparently, there are still secret vote. They should be called up for a many a time—especially for nominees holds. fair vote. They may be defeated—the who are women and minorities. I have In February, the majority leader and Republicans are in the majority; there observed before that if you are a mi- Democratic leader sent a letter to all are 55 Republican Senators; they could nority or if you are a woman, this Sen- Senators talking about secret holds. vote them down. But let them have a ate, as presently constituted, will take They said then: ‘‘members wishing to fair vote, up or down. Let all Senators far, far longer to vote on your con- place a hold on any . . . executive cal- have to stand up and vote aye or nay, firmation than if you are a white male. endar business shall notify the com- and be responsible to their constitu- That is a fact. That is fact, something mittee of jurisdiction of their con- ency to explain why they voted that that started becoming evident a few cerns.’’ I serve as the ranking member way. Unfortunately, nominations are years ago and has now been confirmed on the committee of jurisdiction for being killed through neglect and si- in a nonpartisan report. these nominations. I have not been told lence, not defeated by a majority vote. Let me repeat that. If you are a mi- the name of any Senator at all who is So I ask, again, for the Senate to ful- nority, if you are a woman, you will holding them up. Yet they do not go fill its responsibility to vote on all the take longer to be confirmed than if you forward. judicial nominations on the calendar; are a white male, by this Senate as The letter from the two leaders goes vote for them or vote against them. We presently constituted. And that is on to state: ‘‘Further, written notifica- can vote them up or we can vote them wrong. I advise Senators, I have tion should be provided to the respec- down, but after 44 months or 27 months checked on Judge Richard Paez, Jus- tive Leader stating their intention re- or 20 months, let us vote. tice Ronnie White, and Ms. Marsha garding the * * * nomination.’’ Senator

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 1, 1999 CONGRESSIONAL RECORD — SENATE S11795 DASCHLE has received no such notifica- firmation. He spent a total of 9 months That is from the Atlanta Constitu- tion. In spite of what was supposed to over the last 2 years on the Senate Ex- tion. I share that concern. I have been be a Senate policy to do away with ecutive Calendar awaiting the oppor- on the floor of this Senate when we anonymous holds, we remain in the sit- tunity for a final confirmation vote to have had Republican Presidents with uation where I do not even know who is the court of appeals. His nomination Republican nominations, saying that objecting to proceeding to a vote on was first received 44 months ago, in they deserve to be brought forward for the Paez and Berzon nominations, let January of 1996. a vote one way or the other, including alone why they are objecting. I have no Justice Ronnie White, an out- a couple instances of nominees I in- ability to reason with them or address standing member of the Missouri Su- tended to vote against. I still said they whatever their concerns are because I preme Court, has extensive experience deserved a vote. And they got their do not know their concerns. It is wrong in law and government. In fact, he is vote. and unfair to the nominees. the first African American to serve on In fact, I probably voted for 98 to 99 I do not deny each Senator his or her the Missouri Supreme Court. He has percent of President Ford’s, President prerogative as a Member of this Sen- been twice reported favorably to the Reagan’s, and President Bush’s nomi- ate. After 25 years here, I think I have Senate by the Judiciary Committee. He nees—three Presidents with whom I demonstrated—and I certainly know in spent a total of 7 months on the floor have served. my heart—I have great respect for this calendar waiting the opportunity for a What we are currently experiencing institution and for its traditions, for final confirmation vote. His nomina- is unconscionable and unprecedented, these kinds of delays. I think we hurt all the men and women with whom I tion was first received by the Senate in the Senate when we do this. We will have served, the hundreds of men and June 1997—27 months ago. I am glad have Republican Presidents; we will women with whom I have served over that finally, after all this time, the have Democratic Presidents. We will the years in both parties. But this use Democratic leader was able to an- have Republican-controlled Senates; of secret holds for extended periods to nounce a date for a vote on this long- standing nomination of this out- and we will have Democratic-con- doom a nomination from ever being trolled Senates. I have served here considered by the Senate is wrong, un- standing jurist. As the St. Louis Post-Dispatch noted twice with the Democrats in control; fair, and beneath us. twice with the Republicans in control. Who is it who is afraid to vote on in an editorial last week: The precedents we establish are impor- these nominations? Who is it who is Seven of the 10 judicial nominees who have tant if we are to go into the next cen- hiding their opposition and obstructing been waiting the longest for confirmation tury as the kind of body the Senate these nominees? Can it be they are are minorities or women. This is hardly a shock to those of us who have watched [Jus- should be. such a minority, they know that if it tice] White, an African-American, be ushered We should be the conscience of the comes to a fair vote, these good men to the back of the bus. Nation. On some occasions we have and women will be confirmed? The words of the St. Louis Post-Dis- been. But we tarnish the conscience of So rather than to allow a fair vote, patch. this great Nation if we establish the they will keep it from coming to a Marsha Berzon has been one of the precedence of partisanship and rancor vote. I would bet you that the same most qualified nominees I have seen in that go against all precedents and set people who are holding these nomina- my 25 years. Her legal skills are out- the Senate on a course of meanness and tions back from a vote will go home on standing. Her practice and productivity smallness. That is what we are doing the Fourth of July and other holidays have been extraordinary. Lawyers with these nominations. We should es- and give great speeches about the de- against whom she has litigated regard tablish, for future Senates, that we are mocracy of this country and how im- her as highly qualified for the bench. above this kind of partisanship. portant democracy is and why we have Her opponents in litigation are prais- Nobody in this body owns a seat in to allow people to vote and express the ing her and asking for her to be con- the Senate. Every single person serving will of the people—except in the Senate firmed. today will be gone someday. Every one and, apparently, except if you are a mi- She was long ago nominated for a of them will be replaced by others. As nority or a woman. judgeship within a circuit that saw this I said, in the relatively short time I If we can vote on the Stewart nomi- Senate hold up the nominations of have been here, hundreds of Senators nation within 4 weeks in session, we other qualified women for months and have gone through this body. But every can vote on the Paez nomination with- years—people like Margaret Morrow, one of us are guided by what previous in 4 years and the Berzon nomination who was held up for so long; Ann Senates have done. within 2 years. Let us vote up or down. Aiken, who was held up for so long; Do not let us end this century and Once more I say, look where we are: Margaret McKeown, who was held up this millennium leaving, as guidance There is Stewart, pending 2 months; for so long; Susan Oki Mollway, who for the next century and the next mil- Marsha Berzon, pending 20 months; was held up for so long. Marsha Berzon, lennium and the next Senate, partisan- Justice Ronnie White of Missouri, too, has now been held up for 20 ship that tears at the very fabric, not pending 27 months; Judge Richard months. only of the Senate but of the independ- Paez, pending 44 months. I look at The Atlanta Constitution, from At- ence of the Federal judiciary itself. So those green lines of this chart showing lanta, GA, noted last Thursday: many judges, judges who are consid- the time that each of these nomina- Two U.S. appellate court nominees, Rich- ered conservative, judges who are con- tions has been pending and I wish they ard Paez and Marsha Berzon, both of Cali- sidered liberal, judges who have had a could each be the short sliver that rep- fornia, have been on hold for four years and Republican background or a Demo- resents the Stewart nomination. With 20 months respectively. When Democrats cratic background, judges who have a name like PATRICK LEAHY, I want to tried Tuesday to get their colleagues to vote been appointed by Republican Presi- see green on St. Patrick’s Day; I do not on the pair at long last, the Republicans dents, judges who have been appointed want to see the long green lines on this scuttled the maneuver. The Paez case seems by Democratic Presidents, have been especially egregious. . . . This partisan stall- chart that represent delay and obstruc- ing, this refusal to vote up or down on nomi- united in saying: Stop this. Do not go tion of votes on women and minority nees, is unconscionable. It is not fair. It is on with this. Because you are tearing nominees. not right. It is no way to run the federal ju- at the very core of our independent ju- Judge Richard Paez is an outstanding diciary. Chief Justice William Rehnquist is diciary, the most independent judici- jurist, a source of great pride and inspi- hardly a fan of [President] Clinton. Yet even ary on Earth, a judiciary whose very ration to Hispanics in California and he has been moved to decry Senate delaying independence allows us to maintain a around the country. He served as a tactics and the burdens that unfilled vacan- balanced country, a country that is the local judge before being confirmed to cies impose on the federal courts. Tuesday’s most powerful on Earth, but a country the Federal bench several years ago. He deadlock bodes ill for judicial confirmations through the rest of [President] Clinton’s that is also the most free and the most is currently a federal district court term. This ideological obstructionism is so respected democracy. And a main fac- judge. He has twice been reported to fierce that it strains our justice system and tor guaranteeing that freedom and that the Senate by the Judiciary Com- sets a terrible partisan example for years to democracy is our independent judici- mittee, twice reported out for con- come. ary.

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11796 CONGRESSIONAL RECORD — SENATE October 1, 1999 So, against this backdrop, I, again, especially given the urgent need to fill va- is engaged in a protracted effort to delay de- ask the Senate to be fair to these judi- cancies in a badly undermanned federal cisionmaking on judicial appointments cial nominees and all nominees. For bench. . . . The stalling, in many cases, is whether or not the appointee was, ulti- the last few years the Senate has al- nothing more than a partisan political dirty mately, confirmable. trick. lowed one or two or three secret holds In fact, I can think of a number of to stop judicial nominations, and that For the last several years, I have these people, having been held up is not fair. been urging the Judiciary Committee month after month after month, who Let me tell you what the Chief Jus- and the Senate to proceed to consider finally got a vote and ended up being tice of the U.S. Supreme Court wrote, a and confirm judicial nominees more confirmed overwhelmingly. Margaret man who is widely considered a con- promptly, without the months of delay Morrow is an example of that. She was servative Republican, also a man who, that now accompany so many nomina- held up for so long that it became a na- as we saw when he presided over the tions. Moreover, in the last couple tional disgrace that a woman so quali- Senate earlier this year, is a man of weeks, as I said earlier, independent fied, backed by both Republicans and fairness, of integrity and of great studies have verified the basis for Democrats in California, was held up learning. He wrote in January of last many of my concerns. apparently because she was a woman. year: According to the report recently re- And when finally the shame of it would Some current nominees have been waiting leased by the Task Force on Judicial not allow her to be held up any longer, a considerable time for a Senate Judiciary Selection of Citizens for Independent she came to a vote on the floor and was Committee vote or a final floor vote. . . . Courts, the time it has taken for the confirmed overwhelmingly. The Senate is surely under no obligation to Senate to consider nominees has grown In spite of efforts last year in the confirm any particular nominee, but after significantly, from an average of 83 aftermath of strong criticism from the the necessary time for inquiry it should vote days in 1993 and 1994 during the 103rd Chief Justice of the United States, the him up or vote him down. Congress, to over 200 days for the years vacancies facing the Federal judiciary I could not agree more with Chief 1997 and 1998 during the last Congress, remain at 63, with 17 on the horizon. Justice Rehnquist. We should follow the 105th. In fact, if we look at the av- The vacancies gap is not being closed. his advice. Let the Republican leader- erage number of days from confirma- We have more Federal judicial vacan- ship schedule up-or-down votes on the tion to nomination on an annual basis, cies extend longer and affecting more nominations of Judge Paez and Marsha we would see that the Senate has bro- people. There will be more in the com- Berzon so that the Senate can finally ken records for delay in each of the ing months. Judicial vacancies now act on them. Let us be fair to all. last 3 succeeding years, 1996, 1997, and stand at approximately 8 percent of the The response to the Senate action 1998. In fact, in 1998, the average time Federal judiciary. If you went to the last week was condemnation of the Re- for confirmation was over 230 days. number of judges recommended by the publican leadership’s refusal to proceed That independent report also verifies judicial conference, the vacancy rate to vote on the nominations of Judge that the time to confirm women as would be over 15 percent and total over Paez, Justice White, and Ms. Berzon. A nominees is now significantly longer 135. Washington Post editorial character- than to confirm men as nominees. That Nominees deserve to be treated with ized the conduct of the Republican ma- is a difference that defies any logical dignity and dispatch, not delayed for 2 jority as ‘‘simply baffling’’ and noted: explanation except one, and that one and 3 years. We are talking about peo- [T]he Constitution does not make the Sen- explanation does not shed credit on ple going to the Federal judiciary, a ate’s role in the confirmation process op- this great institution. They rec- third independent branch of Govern- tional, and the Senate ends up abdicating re- ommend that ‘‘the responsible officials ment. They are entitled to dignity and sponsibility when the majority leader denies address this matter to assure that can- nominees a timely vote. All the nominees respect. They are not entitled auto- awaiting floor votes, Mr. Stewart included, didates for judgeships are not treated matically for us to vote aye, but they should receive them immediately. differently based on their gender’’—be- are entitled to a vote, aye or nay. The editorial speaks to the responsi- cause they know that today they are. How do we go to other countries and bility of the Senate, and it is right. On I recall too well the obstacle course say: You need an independent judici- our side of the aisle, we have lived up that such outstanding women nomi- ary; you have to have a judiciary that to the responsibility. Again, I tell all nees as Margaret Morrow, Ann Aiken, people can trust; you have to treat it Senators, no matter how an individual Margaret McKeown, and Susan Oki with respect; when we are not doing Democratic Senator may vote on any Mollway were forced to run. Now it is that in the Senate? one of the pending nominees, no Demo- Marsha Berzon who is being delayed They deserve at least that. No nomi- cratic Senator has a hold on any judi- and obstructed, another outstanding nee gets an automatic ‘‘aye’’ vote, but cial nominee. We are all prepared to woman judicial nominee held up, and every nominee ought to be heard and vote. held up anonymously because every- at least voted on one way or the other. It is October 1, and the Senate has body knows that if she had a fair up-or- One of our greatest protections as acted on only 19 of the 68 judicial nomi- down vote, she would be confirmed. Americans is an independent judiciary, nations the President has sent us this I am angered by this, quite frankly, one the American people can respect year. We have only 4 weeks in which Mr. President. I think how I would and whose decisions they can respect. the Senate is scheduled to be in session react if this was my daughter being We have built in all kinds of counter- for the rest of the year. By this time held up like this, or the daughter of weights: the district court, the courts last year, the committee had held 10 someone I knew. of appeal, the Supreme Court. We have confirmation hearings for judicial The report of Citizens for Inde- this to make sure that there is this nominees and 43 judges had been con- pendent Courts recommends the Senate independence and balance. Yet we seem firmed. By comparison, this year there should eliminate the practice of allow- to be putting a break on it. The Sen- have been only 4 hearings and only 19 ing individual Members to place holds ate’s actions undermine our inde- judges have been confirmed. We are at on a nominee. We ought to consider pendent judiciary by the way we mis- less than half the productivity of last that. treat judicial nominations and perpet- year and miles behind the pace of 1994, This summer, Prof. Sheldon Goldman uate unnecessary vacancies. when by this time we had held 21 hear- and Elliot Slotnick published their We are seeing outstanding nominees ings and the Senate had confirmed 73 most recent analysis of the confirma- nitpicked and delayed to the point that judges. tion process in President Clinton’s sec- good men and women are being de- The Florida Sun-Sentinel said last ond term in Judicature magazine. They terred from seeking to serve as Federal Monday: note the ‘‘unprecedented delay at both judges. Some excellent lawyers are the committee and floor stages of Sen- being asked to serve as Federal judges The ‘‘Big Stall’’ in the U.S. Senate con- tinues, as Senators work slower and slower ate consideration of Clinton judicial and they say: No, I do not want to go each year in confirming badly needed federal nominees’’ and conclude: through that. Why should I? judges. . . . This worsening process is inex- It is impossible to escape the conclusion In private practice, it is announced cusable, bordering on malfeasance in office, that the Republican leadership in the Senate they are going to be nominated to be a

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 1, 1999 CONGRESSIONAL RECORD — SENATE S11797 Federal judge. All their partners will We took the action of initiating the 8 months, despite two Judiciary votes to come in and say: This is wonderful, calling up of a judicial nominee last confirm. Many vacancies have been unfilled congratulations. We are going to have week to demonstrate where we were. 18 months or more. a great party for you Friday. And when We have urged the taking up of a judi- Senators should heed the request of U.S. Supreme Court Justice William Rehnquist, are you going to move out of that cor- cial nominee today whom some Demo- who urged them to expedite confirmation ner office, because we want to move in? cratic Senators oppose in order to dem- hearings and votes. A good bill by Florida We realize you cannot take on any new onstrate our commitment to fairness Sens. Bob Graham and Connie Mack requires clients. We would be a little bit better for all. a Judiciary Committee vote within three off if you were out of the office now so There is never a justification to deny months, then allows any senator to bring the that we do not have any conflicts of in- any of these judicial nominees a fair matter to the Senate floor. The full Senate terest. up-or-down vote. There is no excuse for would have to vote one month after Judici- Then, for 2 or 3 years, they sit there, the failure to have a vote on Judge ary action. no income, no practice, neither fish nor ‘‘We are not doing our job,’’ Leahy told his Paez and Marsha Berzon. colleagues. ‘‘We are not being responsible. foul. In a Senate that is constantly I ask unanimous consent that copies voting to say we are in favor of family We are really being dishonest and conde- of the recent editorials from the Flor- scending and arrogant toward the judiciary. values—as though anybody is against ida Sun-Sentinel, the Atlanta Con- It deserves better and the American people them—maybe we ought to also consider stitution, the St. Louis Post-Dispatch, deserve better.’’ the families of nominees, who might the Denver Post, and the Washington Empty judicial benches and the Senate’s want to plan, and who need to know Post be printed in the RECORD. Big Stall cause severe problems. where that nomination is headed with- There being no objection, the mate- They worsen an already high judicial case- load, burning out overworked current judges. out unnecessary delay. rial was ordered to be printed in the I have been here with five Presi- They put off many civil lawsuits for years, RECORD, as follows: dents—I respected and know them all— delaying and thus denying justice to liti- President Ford, President Reagan, [From the Sun-Sentinel, South Florida, gants. They force a hurry-up in criminal cases President Carter, President Bush, and Sept. 20, 1999] PACE OF JUDICIAL CONFIRMATIONS LAGS that can lead to reversible error on appeal. President Clinton. I have been on the They force some talented nominees to drop The ‘‘Big Stall’’ in the U.S. Senate con- Judiciary Committee during that time. out, or not even apply. tinues, as senators work slower and slower I know for a fact that no President, Re- They cripple urgent efforts to get tough on each year in confirming badly needed federal crime. publican or Democrat, has ever con- judges. And they weaken an important branch of sulted more closely with Senators of More than eight months into 1999, the Sen- government. the party opposite from his on judicial ate has only confirmed 14 of President Clin- nominees. No other President has con- ton’s judicial nominees. By this time in 1998, [From the Atlanta Constitution, Sept. 23, 39 judges had been confirmed. In 1997, it was sulted as much with members of the 1999] other party as President Clinton has, 58 judges. GOP WON’T WARM JURISTS’ BENCHES and that has greatly expanded the time This worsening process is inexcusable, bor- it takes to make these nominations. dering on malfeasance in office, especially President Clinton struck a bad bargain two given the urgent need to fill vacancies on a months ago. He caved in to an insistent Sen. But he has done that. badly undermanned federal bench. Even after Orrin Hatch (R-Utah) and nominated a Hatch Having done that, the Senate at least three new judges were confirmed Sept. 8, 11 buddy with no judicial experience to be a should go about the business of voting nominations are still pending before the Ju- U.S. judge in . on confirmation for the scores of judi- diciary Committee and 35 before the full Clearly, Clinton hoped Hatch, chair of the cial nominations that have been de- Senate. The president has not yet nominated Senate Judiciary Committee, and other Re- layed for too long without justifica- candidates to fill 24 other vacancies. publicans would appreciate the gesture and tion. The vacant seats, 70 of 846, represent 8.3 reciprocate in kind—let’s say, by finally This summer, in his remarks to the percent of all federal judges. freeing some of the multitude of Clinton ju- American Bar Association, the Presi- The stalling, in many cases, is nothing dicial nominees stranded in the upper cham- dent again urged us to action. He said: more than a partisan political dirty trick. ber. Judiciary Committee Chairman Orrin Hatch, Surprise, surprise. Clinton’s peace offering We simply cannot afford to allow political R–Utah, has inexcusably delayed several con- has sparked no such magnanimity. His par- considerations to keep our courts vacant and firmation hearings and refused to hold oth- tisan foes want to have their cake and eat to keep justice waiting. ers. Conservatives like Hatch hate the idea the president’s lunch, too. We must redouble our efforts to work of Clinton continuing to put his stamp on The issue came to a head Tuesday when with the President to end the long- the federal judiciary with more lifetime ap- Republicans attempted to confirm Hatch’s standing vacancies that plague the pointments. chum and right-wing soulmate, Ted Stewart. Federal courts and disadvantage all One of the newest people winning con- Democrats blocked the procedure, con- Americans. That is our constitutional firmation is Adalberto Jose Jordan of Miami, tending justifiably that Stewart had been responsibility. who will join the bench on the U.S. District pushed to the front of the line for Senate I continue to urge the Republican Court for the Southern District of Florida. consideration when other Clinton appointees This is the first time in many years that have waited in vain for a confirmation vote— leadership to attend to these nomina- the court will be operating at full strength. some for years. tions without obstruction and proceed At one time, it had four empty spots, with That’s right, years. Two U.S. appellate to vote on them with dispatch. I urge some vacancies going unfilled four years. court nominees, Richard Paez and Marsha that they schedule a vote on Judge Jordan’s nomination process moved much Berzon, both of California, have been on hold Paez and Marsha Berzon without fur- faster than most. The Senate got his nomi- for four years and 20 months respectively. ther delay. Again, I note for the record nation on March 15, held a confirmation When Democrats tried Tuesday to get their that no Democratic Senator objects to hearing July 13 and confirmed him Sept. 8. colleagues to vote on the pair at long last, them going forward for a vote—none. That’s still on the slow side; three months the Republicans scuttled the maneuver. We are prepared to go forward with a should be more than enough. Miami Judge The Paez case seems especially egregious. won confirmation to the He has been kept in limbo this long, Demo- vote on the shortest of notice at any 11th U.S. Circuit Court of Appeals in only 33 crats contend, because his GOP foes would time. So the continuing delays on both days. rather not cast a recorded vote against a Judge Paez and Marsha Berzon, are on Senate stalling on confirmations came Hispanic jurist. the Republican side. under deserved attack from Sen. Patrick This partisan stalling, this refusal to vote I do appreciate what the distin- Leahy of Vermont, the senior Democrat on up or down on nominees, is unconscionable. guished Republican leader and the dis- the Judiciary Committee. It is not fair. It is not right. It is no way to tinguished Democratic leader worked ‘‘Nominees deserve to be treated with dig- run the federal judiciary. out today. And I appreciate the efforts nity and dispatch, not delayed for two or Chief Justice William Rehnquist is hardly of the distinguished senior Senator three years,’’ Leahy said. ‘‘We are seeing a fan of Clinton. Yet even he has been moved from Utah. It is my hope that the ex- outstanding nominees nitpicked and delayed to decry Senate delaying tactics and the bur- to the point that good women and men are dens that unfilled vacancies impose on the ample the four of us have set today will being deterred from seeking to serve as fed- federal courts. move the Senate into a new productive eral judges.’’ Tuesday’s deadlock bodes ill for judicial chapter of our efforts to consider judi- Leahy called it a scandal and a shame that confirmations through the rest of Clinton’s cial nominations. one nomination has been stalled 3 years and term. This ideological obstructionism is so

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11798 CONGRESSIONAL RECORD — SENATE October 1, 1999 fierce that it strains our justice system and vote after leaving Democrats’ nominees while nominees who have waited around end- sets a terrible partisan example for years to twisting in the wind for years. lessly will continue to wait. come. Would-be California appeals judges Richard Democrats understandably balked at this, Paez and Marsha Berzon have waited four so on Tuesday they took the extraordinary [From the St. Louis Post-Dispatch, Inc., and nearly two years, respectively, for a Sen- step of filibustering a judicial nomination Sept. 24, 1999] ate vote. Ronnie White, the first African- from the Clinton White House—not in order CONFIRM RONNIE WHITE American state Supreme Court Justice in to prevent his confirmation but rather to en- sure that other nominees get votes. After- Missouri Supreme Court Judge Ronnie Missouri, has been on hold for more than a year. ward, Democrats sought to force consider- White, in limbo more than 800 days awaiting ation of Judge Paez and Ms. Berzon, but Re- his confirmation hearing, saw his long road But Hatch, who won Clinton’s appointment of Stewart by freezing action on the others, publicans stopped this in two more party- to the federal bench take its most bizarre line votes. The result is that nobody is get- turn yet this week. Senate Republicans re- then tried to slip his man through without a vote on those who have waited so long. ting considered, though all of the nominees sorted to a highly unusual cloture vote to on the floor likely have the votes for con- try to force Democrats to vote on the nomi- Democrats retaliated by filibustering Stew- art’s nomination, and all progress had come firmation. nation of Ted Stewart, a friend of Republican The filibuster of a judicial nomination is a to a complete halt as of this writing. Sen. Orrin Hatch who was nominated, at Mr. very bad precedent, one we suspect Demo- While Hatch’s conduct was unconscionable, Hatch’s personal request, just two months crats will come to regret, but it’s hard to see there is plenty of blame to go around here. ago. The motion failed by five votes. what choice they had. The conduct of the Re- Clinton has taken an average of 315 days— The irony of Democrats stalling their publican majority here is simply baffling— President’s nominee was plain, as they have the most of any president ever—to choose and the rhetoric equally so. Mr. Hatch plead- been pleading for years for votes on can- nominees to fill judgeships. By comparison, ed with the Senate Tuesday evening to ‘‘stop didates. In a political deal gone wrong, Presi- President Carter averaged 240 days. playing politics with this nomination and dent nominated Mr. Stewart—an The Senate also is taking far longer than allow a vote expeditiously’’—as though he environmentalist’s nightmare—in the appar- ever, from 38 days, in 19777–78 to 201 in 1997– had not himself played games to get Mr. ent belief this would jump-start the long- 98. Stewart nominated in the first place. Trent stalled confirmation process. The world Ideally, senators name a candidate, whom Lott last week expressed dismay that a mi- record holder in this wait-a-thon is Richard the president can accept or reject. If accept- nority of only 41 senators would be able to A. Paez (more than four years), followed by ed, the nominee’s name goes to the Senate block a nomination. But as Sen. Patrick Marsha L. Berzon (three years) and Mr. Judiciary Committee and, if approved, then Leahy pointed out in response, there is a White (more than two years). Instead of to the full Senate. The Senate should be able deep irony in fretting about the ability of a bringing these nominations to the floor, the to vote within two months after the presi- minority of 41 senators to stop a nomination maneuver resulted in Mr. Stewart being dent’s nomination. These days, it takes when Judge Paez has been held up for more moved to the head of the line. Democrats re- years. than three years by a tiny group of senators fused to consider him, and are digging in Even U.S. Supreme Court Chief Justice who do not even have to give their names to their heels until they are assured their top William Rehnquist has criticized the Senate keep his nomination from coming to a vote. three limbo inmates will be freed. for moving too slowly. Mr. Lott’s other comments were worse Cloture is a dramatic, desperate maneuver Almost one in 10 positions weren’t filled at still. He made it clear that confirming that has been used only a handful of times. the end of 1997. Today, 63 of the 843 federal judges is something he would rather not do Even the hotly contested nominations of judgeships are open—23 in appellate courts, at all. ‘‘There are not a lot of people saying: Robert H. Bork and Clarence Thomas did not 38 in district courts and one in international Give us more federal judges,’’ the majority require such hostile arm-twisting. It is un- trade courts. leader said on the floor last week. ‘‘I am try- thinkable that Republicans would resort to ‘Vacancies cannot remain at such high lev- ing to help move this thing along, but get- this over people like Mr. Paez. els of indefinitely without eroding the qual- ting more federal judges is not what I came But Democrats now fear Republicans ity of justice that traditionally has been as- here to do.’’ The honesty of this comment, at would stall the process until after the 2000 sociated with the federal judiciary,’ least, is refreshing. But the Constitution elections rather than vote on Mr. Paez. Rehnquist said. ‘Fortunately for the judici- does not make the Senate’s role in the con- Democrats say Republicans don’t like Mr. ary, a dependable corps of senior judges has firmation process optional, and the Senate Paez, but don’t want to be cast as voting contributed significantly to easing the im- ends up abdicating responsibility when the against a Hispanic. Gosh, who would ever get pact of unfilled judgeships.’ majority leader denies nominees a timely that impression? Seven of the 10 judicial That isn’t fair to overworked senior judges vote. All the nominees awaiting floor votes, nominees who have been waiting the longest or to those whose cases gather dust on back- Mr. Stewart included, should receive them immediately. for confirmation are minorities or women. logs. Both are common in Colorado. And it is This is hardly a shock to those of us who an injustice to the nominees whose careers Mr. LEAHY. Mr. President, again, I have watched Mr. White, an African-Amer- are frozen as they await appointment or re- make this heartfelt plea. I have made ican, be ushered to the back of the bus. jection. The president and senators should the same plea in private to the Repub- The Limbo Three are political prisoners. make the selection of judges a high priority lican leader, the Democratic leader, They are unquestionably qualified. If any- and stop staging delays as strategic moves. The federal judiciary is at stake. and others. I love the Senate for what thing, Mr. Stewart—chief of staff to Utah it can and should do. I know that, like Gov. Mike Leavitt—is the one who looks thin on courtroom credentials. Even if it [From the Washington Post, Thurs., everybody else my time here is only as delays the process further, Democrats should September 23, 1999] long as the voters and my health allow. not give in to this ridiculous double-dealing A VOTE FOR ALL THE JUDGES I also know that someday I will be and wave Mr. Stewart through until they are The nomination of Ted Stewart to a fed- gone and somebody else from Vermont assured Republicans will allow the process to eral district judgeship in Utah has been a will fill this seat. go forward. strange affair from the beginning. Tuesday it I look at the Senate as the con- Believe it or not, we’re getting tired of turned into a circus. science of this great Nation. It is a saying this: Confirm Ronnie White. Mr. Stewart, a favorite of Judiciary Com- body moving by precedence, moving mittee Chairman Orrin Hatch, was nomi- sometimes by what some would say is [From the Denver Post Corp., September 26, nated by President Clinton after Sen. Hatch 1999] an overformalized ritual, but moving in essentially froze consideration of the nomi- a way that the country can respect and ERASE JUDICIAL BACKLOG nees to force his appointment. When the in which the best of the country can be White House finally gave in, hoping to free Confirmation of federal judges has become reflected, a body that is built on prece- slower than molasses and more contentious some long-waiting appeals court judges, Mr. than a thicket of barbed wire, turning judi- Hatch moved Mr. Stewart through com- dence. cial nominees into pawns in a political proc- mittee within days—even though other A famous Thomas Jefferson story ess that has become a national disgrace. nominees have waited years to get con- spoke of the Senate as the saucer that Colorado’s vacancy of U.S. District Court firmed. allows cooling of passions, the Senate is frozen since President Clinton named Pa- Now Mr. Stewart is awaiting a floor vote, also allows us to step above partisan tricia Coan at the recommendation of Rep. as are several nominees who should have had politics because of our 6-year terms. Diana DeGette and other state Democrats, one long ago. Yet on the Senate floor last We have not done that with the judici- but Sen. Wayne Allard of Colorado refused to week, Majority Leader Trent Lott an- ary. We have a duty to protect the Sen- nounced that he planned to move Mr. Stew- back Coan and sent Clinton a list of his five ate, but also, because of our unique nominees instead. art to a vote without also holding votes for Even uglier was last week’s battle in the Richard Paez or Marshal Berzon, two of the role in the confirmation process, we Senate Judiciary Committee, where Chair- most abused administration nominees. Mr. have a duty to protect the integrity man Orrin Hatch, R-Utah, tried to push his Stewart, if Mr. Lott had his way, would be and independence of the Federal judici- nominee, Ted Stewart, through a Senate confirmed a few weeks after his nomination, ary. We are failing both in our duties

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 1, 1999 CONGRESSIONAL RECORD — SENATE S11799 as Senators and we are failing in our official churches. So when it began THE VERY BAD DEBT BOXSCORE duty to the Federal court. cracking down on the Falun Gong Mr. HELMS. Mr. President, at the Let us all take a deep breath and meditation group, which it considers a close of business yesterday, Thursday, think about that and go back to doing cult, the government used this inexcus- September 30, 1999, the federal debt what we should—not for this President able action to perpetrate another—an stood at $5,656,270,901,615.43 (Five tril- or any past incident, but for all Presi- intensified assault on Christians. In lion, six hundred fifty-six billion, two dents, present and future, and for all August, the government arrested thir- hundred seventy million, nine hundred Senates, present and future, and for ty-one Christian house church mem- one thousand, six hundred fifteen dol- the American people, and for the great- bers in Henan province. Henan province lars and forty-three cents). est Nation on Earth, present and fu- must be a wellspring of faith because Five years ago, September 30, 1994, ture. over 230 Christians have been arrested the federal debt stood at Mr. President, I yield the floor and there since October. Now I am con- $4,692,750,000,000 (Four trillion, six hun- suggest the absence of a quorum. cerned that eight of these House dred ninety-two billion, seven hundred The PRESIDING OFFICER. The church leaders may face execution if fifty million). clerk will call the roll. they are labeled and treated as leaders Twenty-five years ago, September 30, The legislative clerk proceeded to of a cult. Let me say clearly and un- 1974, the federal debt stood at call the roll. equivocally that the eyes of the inter- $481,743,000,000 (Four hundred eighty- Mr. LOTT. Mr. President, I ask unan- national community are watching. I one billion, seven hundred forty-three imous consent that the order for the hope that these peaceful people will be million) which reflects a debt increase quorum call be rescinded. released. of more than $5 trillion— The PRESIDING OFFICER. Without $5,174,527,901,615.43 (Five trillion, one objection, it is so ordered. In the months leading up to this fif- hundred seventy-four billion, five hun- f tieth anniversary celebration, every- dred twenty-seven million, nine hun- thing and everyone has been swept dred one thousand, six hundred fifteen FIFTIETH ANNIVERSARY OF THE aside to cast a glamorous light on the PEOPLE’S REPUBLIC OF CHINA dollars and forty-three cents) during Communist party. But the reality is the past 25 years. Mr. HUTCHINSON. Mr. President, quite ugly. Hundreds of street children, f the Communist party is celebrating the homeless, and mentally and physically fiftieth anniversary of the People’s Re- disabled people have been rounded up REAUTHORIZING THE NATIONAL public of China on October 1. Unfortu- and forced into Custody and Repatri- FISH AND WILDLIFE FOUNDATION nately, many Chinese people have lit- ation centers across the country. They Ms. COLLINS. Mr. President, I rise tle reason to celebrate. Indeed, this is are beaten, they are given poor food in today in strong support of S. 1653, not a celebration of the Chinese people unsanitary conditions, and they must which would reauthorize the National but an orchestrated celebration of the pay rent. Fish and Wildlife Foundation. As an Communist party—a party of purges. In fact, only 500,000 people will be al- original cosponsor of this important From the formative decade at Yenan, lowed to participate in the celebration legislation, I would like to applaud the where the party was headquartered, in Beijing. Non-Beijing residents can- excellent work of Senator CHAFEE and and Mao Tse-tung soundly crushed not enter the city and migrant workers the Foundation to conserve the fish, challenges to his power; to the killing have been sent home. They will not be wildlife, and plant resources of the of hundreds of landlords in the 1950s; to able to see the Communist Party in all United States. the anti-rightist purging of half a mil- The Foundation was created by Con- its glory, as it displays the DF–31 lion people following the Hundred gress in 1984 to promote improved con- intercontinental ballistic missile and Flowers period and during the Great servation and sustainable use of our other arms, nor will they see the tanks Leap Forward; to the Cultural Revolu- country’s natural resources. Since rolling past Tiananmen Square. And tion, during which millions were mur- then, it has awarded over 2,400 grants, Tibetans in Lhasa, who certainly do dered or died in confinement, to the using $101 million in federal funds, not want to celebrate, are being forced massacre at Tiananmen Square just which it matched with $189 million in ten years ago—the Communist party to participate under threat of losing nonfederal funds, putting a total of has sustained its existence not by the their pay or their pensions. over $290 million on the ground to pro- consent of the people, but through the This gilded celebration will not ob- mote environmental education, protect violent elimination of dissent. scure the corrosion beneath. We must habitats, prevent species from becom- Even today, we see the party of recognize the nature of this regime. We ing endangered, restore wetlands, im- purges in action on a daily basis. The must never turn a blind eye or a deaf prove riparian areas, and conserve na- Communist party is deeply engaged in ear to cries of those suffering in China. tive plants. The hallmark of this out- a piercing campaign to silence the We must be realistic when we deal with standing organization is forgoing part- voices of faith and freedom—to purge the Chinese government. nerships between the public and pri- from society, anyone they see as a So when Time Warner chairman Ger- vate sectors—involving the govern- threat to their power. The Chinese gov- ald Levin courts President Jiang ment, private citizens, and corpora- ernment continues to imprison mem- Zemin even when Time Magazine’s tions—to address the root causes of en- bers of the Chinese Democracy Party. China issue is banned, when our top ex- vironmental problems. This reauthor- In August, the government sentenced ecutives are silent on human rights, ization will allow the Foundation to Liu Xianbin to thirteen years in prison when we put profit over principle, we continue its valuable work throughout on charges of subversion. His real are shielding our eyes from the stark the country. crime was his desire for democracy. Besides being an important link be- reality of persecution in China. As Another Democracy Party member, tween groups with differing interests in Ronald Reagan said, ‘‘. . . we demean Mao Qingxiang, was formally arrested natural resources, the Foundation is an the valor of every person who struggles in September after being held in deten- extremely effective tool for stretching for human dignity and freedom. And we tion since June. He will likely languish scarce federal dollars. The Foundation also demean all those who have given in prison for ten years because of his was created by the National Fish and that last full measure of devotion.’’ desire to be free. I could go on, but Wildlife Foundation Establishment some human rights groups estimate Mr. President, it is my sincere hope Act, which stipulates that the Founda- that there could be as many as 10,000 and desire that in the next fifty years, tion must match any federal money ap- political prisoners suffering in Chinese the Chinese people will truly have propriated to it on a one-to-one basis. prisons. The party is determined to something to celebrate. I hope that The Foundation does the Act one bet- purge from society, those people it they will no longer be suppressed by a ter. It has an internal policy of match- finds unsavory. regime that extracts dissent like weeds ing federal funds at least two-to-one And the Chinese government will not from a garden, but that they will be with money from individuals, corpora- tolerate people worshiping outside its able to enjoy the fruits of democracy. tions, state and local governments,

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