Congressional Record—Senate S5191
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May 25, 2006 CONGRESSIONAL RECORD — SENATE S5191 be repaired. This bill is a strong step in giving the Departments of State and of Brett M. Kavanaugh, of Maryland, to the right direction. We need to protect Homeland Security additional time to be United States Circuit Judge for the our borders and look out for American study and correct the various imple- District of Columbia Circuit shall be workers, and we also need a responsible mentation issues related to the WHTI. brought to a close? way to meet the need for temporary I am also pleased that the immigra- The yeas and nays are mandatory workers, particularly in the agricul- tion bill addresses another key border under the rule. tural area, where they represent about issue: the security problem that is The clerk will call the roll. 70 percent of the U.S. agricultural posed by trash trucks entering this The assistant legislative clerk called workforce, with a path to earned citi- country. My amendment, which was the roll. zenship for hard-working, law abiding accepted by the bill managers, would Mr. DURBIN, I announce that the temporary workers. This bill, the prod- stop the importation of Canadian waste Senator from North Dakota (Mr. CON- uct of bipartisan compromise, takes a if the Department of Homeland Secu- RAD), the Senator from West Virginia commonsense approach to all of these rity can not show that the methodolo- (Mr. ROCKEFELLER), and the Senator issues. gies and technologies used to screen from Colorado (Mr. SALAZAR) are nec- The comprehensive immigration re- these trash trucks for the presence of essarily absent. form bill before us today would chemical, nuclear, biological, and radi- The PRESIDING OFFICER. Are there strengthen security at our borders ological weapons are as effective as any other Senators in the Chamber de- through increased border patrol and those used to screen for such materials siring to vote? heavier fines for employers who violate in other items of commerce entering The yeas and nays resulted—yeas 67, the law. It would create a sustainable the United States by commercial vehi- nays 30, as follows: temporary worker program to help fill cle. [Rollcall Vote No. 158 Ex.] the lowest wage jobs. It would enforce Finally, I want to thank the man- YEAS—67 labor protections for U.S. workers by agers of this bill for accepting my Alexander Dole McConnell ensuring that the temporary workers amendment that would protect thou- Allard Domenici Murkowski who are certified do not adversely im- Allen Ensign Nelson (FL) sands of individuals who fled religious Bennett Enzi Nelson (NE) pact them. And it would provide a path persecution in Iraq under Saddam Hus- Biden Feinstein Obama to earned citizenship that does not sein. Due to delays in the immigration Bond Frist Pryor Brownback Graham bump anybody who has applied through bureaucracy, many of these individuals Roberts Bunning Grassley Santorum the legal channels and has been wait- Burns Gregg have not yet had their day in court, Sessions Burr Hagel ing. Undocumented immigrants who and, of those who have, many have Shelby have been here for years, set down Byrd Hatch been denied asylum based on changed Carper Hutchison Smith roots, worked hard, and paid their country conditions since the war. My Chafee Inhofe Snowe taxes would go to the end of the line amendment would make these individ- Chambliss Isakson Specter and earn citizenship after perhaps as Coburn Kohl Stevens uals eligible for legal permanent resi- Sununu many as 10 to 15 years. Cochran Kyl dency if they would have received that Coleman Landrieu Talent I am pleased that we were able to in- status but for the bureaucratic delays. Collins Lieberman Thomas clude additional protections for U.S. The comprehensive immigration bill Cornyn Lincoln Thune workers in the bill. I supported an before us will make our borders more Craig Lott Vitter amendment introduced by Senator Crapo Lugar Voinovich secure while creating a workable tem- DeMint Martinez Warner OBAMA that strengthens labor protec- porary worker program that protects DeWine McCain tions for U.S. workers and bars em- U.S. jobs. I will support this bill and NAYS—30 ployers from hiring guest workers in hope that the conference committee Akaka Durbin Levin areas with a high unemployment rate. will return a final bill similar to it. Baucus Feingold Menendez This and other amendments will help f Bayh Harkin Mikulski ensure that we have a well-balanced, Bingaman Inouye Murray and workable guest worker program. In EXECUTIVE SESSION Boxer Jeffords Reed Cantwell Johnson Reid addition to these amendments, I am Clinton Kennedy Sarbanes also pleased that we have maintained Dayton Kerry Schumer the AgJOBS provision within the bill. NOMINATION OF BRETT M. Dodd Lautenberg Stabenow This provision is a commonsense fix to KAVANAUGH TO BE UNITED Dorgan Leahy Wyden major problems being faced by those STATES CIRCUIT JUDGE FOR NOT VOTING—3 who have the least access to resources: THE DISTRICT OF COLUMBIA Conrad Rockefeller Salazar CIRCUIT—Resumed low wage agricultural workers from ex- The PRESIDING OFFICER. On this ploitation which would adversely im- The PRESIDING OFFICER. Under vote, the ayes are 67, the nays are 30. pact American workers. the previous order, the Chair lays be- Three-fifths of the Senators duly cho- I was pleased that the Senate recog- fore the Senate the pending cloture sen and sworn having voted in the af- nized the significant implementation motion, which the clerk will state. firmative, the motion is agreed to. challenges associated with the Western The legislative clerk read as follows: The PRESIDING OFFICER. The Sen- Hemisphere Travel Initiative and ac- CLOTURE MOTION ator from Pennsylvania. cepted an amendment that would ex- We the undersigned Senators, in accord- Mr. SPECTER. Parliamentary in- tend its deadline. The WHTI requires ance with the provisions of rule XXII of the quiry: Is it appropriate now to begin anyone entering the United States via Standing Rules of the Senate, do hereby debate on the confirmation of Brett a U.S.-Canadian land border to have a move to bring to a close debate on Executive Kavanaugh? passport or other acceptable alter- Calendar No. 632, the nomination of Brett M. The PRESIDING OFFICER. It is ap- native document by January 1, 2008. Kavanaugh, of Maryland, to be United States propriate. The amendment accepted by the Sen- Circuit Judge for the District of Columbia Mr. SPECTER. Mr. President, I sup- Circuit. ate extends this deadline by 18 months Bill Frist, Arlen Specter, Saxby Cham- port the confirmation of Brett to June 1, 2009. bliss, Larry Craig, Mel Martinez, Eliza- Kavanaugh to the Court of Appeals for My home State of Michigan, like beth Dole, Johnny Isakson, Pat Rob- the District of Columbia because of his other northern border States, enjoys a erts, Ted Stevens, Craig Thomas, Thad academic achievements, professional close economic and social relationship Cochran, Chuck Grassley, Judd Gregg, work, and potential to be an out- with Canada. The WHTI will play an Tom Coburn, Richard Shelby, Lindsey standing Federal judge. important role in securing our borders, Graham, Orrin Hatch. Brett Kavanaugh was an honors grad- but it must be implemented in a rea- The PRESIDING OFFICER. By unan- uate from Yale University, was a grad- sonable, fair, and well thought out imous consent, the mandatory quorum uate of the Yale Law School, and a manner that minimizes negative im- call has been waived. member of the Law Journal there. pacts on trade, travel, and tourism. By The question is, Is it the sense of the That is a strong indication of intellec- voting to extend the deadline, we are Senate that debate on the nomination tual achievement. He then clerked for VerDate Mar 15 2010 00:01 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25MY6.REC S25MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5192 CONGRESSIONAL RECORD — SENATE May 25, 2006 Judge Walter Stapleton of the Court of for inconsistencies, it is understand- sissippi and the Senator from Min- Appeals for the Third Circuit and then able that he was very cautious in his nesota, the Senator from Vermont be Judge Alex Kozinski of the Court of comments. recognized following the chain we Appeals for the Ninth Circuit and then I believe that on this record, Brett M. talked about. clerked for Justice Kennedy on the Su- Kavanaugh ought to be confirmed, and The PRESIDING OFFICER. Is there preme Court of the United States. I urge my colleagues to vote in the af- objection? Those are really outstanding creden- firmative. Mr. CORNYN. Reserving the right to tials, academically and for the begin- I yield the floor. object. ning career of a young lawyer. He then The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- worked in the Solicitor General’s Of- ator from Texas. ator from Texas. fice, argued a case before the Supreme Mr. CORNYN. Mr. President, I have Mr. CORNYN. May I just add to that Court of the United States, and then some remarks I would like to make on unanimous consent request that Sen- worked as associate White House coun- this nomination. ator HATCH be added as the next speak- sel and has been Secretary to President Mr. LEAHY. Will the Senator yield er on our side of the aisle in the queue? Bush. for just a moment? He does have the Mr. LEAHY. I have no objection to He had a second hearing which was floor, I fully understand. I assume we that. I think it is quite appropriate. requested by the Democrats so that he would follow the normal order that The PRESIDING OFFICER.