Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 109 CONGRESS, FIRST SESSION

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

Vol. 151 WASHINGTON, THURSDAY, JUNE 9, 2005 No. 76 Senate The Senate met at 9:30 a.m. and was APPOINTMENT OF ACTING RECOGNITION OF THE MAJORITY called to order by the Honorable JOHN PRESIDENT PRO TEMPORE LEADER E. SUNUNU, a Senator from the State of The PRESIDING OFFICER. The The ACTING PRESIDENT pro tem- New Hampshire. clerk will please read a communication pore. The majority leader is recog- The PRESIDING OFFICER. Today’s to the Senate from the President pro nized. prayer will be offered by the guest tempore (Mr. STEVENS). f chaplain, Bishop Geralyn Wolf of the The legislative clerk read the fol- SCHEDULE Episcopal Diocese of Rhode Island, lowing letter: Providence, RI. Mr. FRIST. Mr. President, this morn- U.S. SENATE, ing we will return to the nomination of PRESIDENT PRO TEMPORE, PRAYER Washington, DC, June 9, 2005. William Pryor to be a judge of the Eleventh Circuit. Yesterday, cloture The guest Chaplain offered the fol- To the Senate: was invoked by a vote of 76 to 32, and lowing prayer: Under the provisions of rule 1, paragraph 3, of the Standing Rules of the Senate, I hereby we will have the vote on the Pryor Almighty God, to the poor, You have appoint the Honorable JOHN E. SUNUNU, a nomination at 4 p.m. today. Following united us to bring uncommon hope; to Senator from the State of New Hampshire, that vote, we will turn to the consider- innocent captives, release; to the blind, to perform the duties of the Chair. ation of the two Sixth Circuit nomina- vision, stretching boundaries of imagi- TED STEVENS, tions that are pending on the Execu- President pro tempore. nation. tive Calendar, with the time allotted The poor in every land stretch out Mr. SUNUNU thereupon assumed the for the Griffin and McKeague nomina- empty bowls, and we do not fill them; chair as Acting President pro tempore. tions totalling 10 hours. However, it is political captives seek justice, and we The ACTING PRESIDENT pro tem- my hope and expectation that much of respond through the captivity of fear; pore. The Senator from Rhode Island. that time can be yielded back and that the sick yearn for healing arts, yet the we can have those votes either very cries of children still prevail. f late this afternoon or early this O gracious God, You gave us a rich evening. On Monday, we will debate the heritage of compromise, and we cling WELCOMING THE GUEST nomination of Tom Griffith to be judge unyieldingly to personal truths; You CHAPLAIN for the D.C. Circuit Court, with that gave us a world abundant in resources, vote occurring Monday evening. and we squander our inheritance; You Mr. REED. Mr. President, may I say That is an overview of today, pretty gave us wisdom and insight, and our how proud I am of Bishop Wolf, not much as we have agreed earlier in the disagreements sound like loud-clanging only for her prayer but for her extraor- week, and the expected votes. We will symbols. dinary service to the people of the update Members over the course of the O God, forgive us. Release the fires of Rhode Island diocese. Bishop Wolf is a day of changes in the schedule and defi- integrity that dwell within the hearts remarkable person, a remarkable pas- nitely what the schedule will be on of this great Chamber, and make us ur- tor but also a remarkable individual. Monday. And then we will follow that gent to mend the torn fabric of peace, Unlike many people who would be con- with the energy legislation. Following to stretch courageously beyond polit- tent with the trappings of their ecclesi- the remarks from the Democratic lead- ical comfort, and to bring holy bless- astical office, she actually has lived er, I have a short statement on energy. with the homeless in New York, Rhode ings to all God’s people everywhere. f Amen. Island, and Philadelphia. She endured what they endured, she saw their suf- RECOGNITION OF THE MINORITY fering. She bore witness to their suf- LEADER f fering not only in her experiences but The ACTING PRESIDENT pro tem- her work in Rhode Island. She is a re- pore. The Democratic leader is recog- PLEDGE OF ALLEGIANCE markable woman who leads by example nized. The Honorable JOHN E. SUNUNU led literally and constantly reminds us of f the Pledge of Allegiance, as follows: our obligations not just to ourselves but to our neighbors. We are very EXPRESSING APPRECIATION I pledge allegiance to the Flag of the United States of America, and to the Repub- proud to have her as our Episcopal Mr. REID. Mr. President, as the lic for which it stands, one nation under God, bishop. Chair and distinguished majority lead- indivisible, with liberty and justice for all. I yield the floor. er know, I am sorry we have spent so

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

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VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6244 CONGRESSIONAL RECORD — SENATE June 9, 2005 much time on judges, but the fact is I that process in the early days of next more diverse energy series of sources. wish to express my appreciation to week. We have to look to new technologies Democratic Senators for being so coop- f here at home. Yes, absolutely we need erative. Since the agreement was made to conserve more, and we also need to ENERGY INDEPENDENCE a week or two ago, my Senators have produce more in order to enhance our been so cooperative. Senator LEAHY Mr. FRIST. Mr. President, I do wish energy independence and to enhance has had to change his whole schedule to comment just a bit further on en- our energy security. around this Monday to take care of the ergy, really as a prelude to what we One of the primary energy challenges Griffith nomination. There has been an will be spending a lot of time on begin- we face is this reliance on foreign oil. agreement made that we are not going ning hopefully Monday and then spend- In the 1960s and early 1970s, the United to use all the time on Pryor. ing the course of that week into the States produced almost as much oil as I also express my appreciation to next week, and that is the issue sur- we consumed, and during that period of Senators LEVIN and STABENOW for al- rounding gasoline prices, natural gas time imports were very small. In 1972, lowing us to move forward on the prices, concerns that individuals think however, U.S. oil production began to Michigan judges. In spite of the fact about every single day as they turn on decline, and that production has been that there are some hurt feelings as a the lights in their home, as they go to declining steadily ever since. The U.S. result of the way the Michigan Sen- work, on the way filling up the gas consumption of oil has been steadily ators were treated, they have agreed to tank of their automobile with gasoline, increasing. So we have declining pro- set those aside and move forward on as they use energy sources over the duction and increasing consumption. these two individuals. From all I have course of the day in the activity of As a result, our reliance—this I been able to determine, the two Michi- their small business, and that is the would say irresponsible reliance that gan judges coming before us are well energy challenges that are before us, we have today on foreign oil, on im- qualified, and there will not be any have been before us. Now is the time to ported oil—is growing. Ten years ago, rancorous debate about either one of address them, and that we will. in 1995, we were 47 percent dependent them. But I just want the majority With gasoline now averaging over $2 on foreign sources of oil. Today, that 47 leader to know that we have moved for- a gallon, anyone who has gone to the percent has grown to a 56-percent de- ward on these matters as expeditiously pump lately feels that impact, they pendence on foreign sources of oil. If as possible, in spite of the relatively feel that squeeze of higher energy you project that out, by 2025, if we do difficult time we have had arriving at prices. It is costing families who have nothing, we will be 68-percent depend- this point. driven to work this morning more and ent on foreign oil; much of it, as we all I look forward next week to a vig- more just to get to work, over the last know, coming from countries that do orous debate on the Energy bill. It is several years costing them more to go not necessarily have our best interests great that we are going to be legis- pick up their kids from school in the at heart. lating here for a change. This is an ex- afternoon, or as many people prepare Today we import most of our oil from tremely important piece of legislation. for summer vacations costing them Canada, Venezuela, Saudi Arabia, and I am also indicating to all those within more because of this increase in energy Mexico. However, as we look forward, the sound of my voice how appre- prices. It is not just the gasoline prices the Department of Energy’s Energy In- ciative—I don’t think the word that are climbing. We have rising nat- formation Administration did project ‘‘proud’’ is right but how appre- ural gas prices that have been driving more and more of the oil we need will ciative—I am of the work of Senators up electric bills in the last 4 months, come from the OPEC countries in the BINGAMAN and DOMENICI to get the bill higher electric bills for everybody, es- Middle East. to this point. pecially families and small businesses. We must take steps to reduce our de- We haven’t had such cooperation on As energy costs take a bigger and pendence on foreign countries and en- this committee in many years. We have bigger bite in the family budgets, fami- hance our energy security at home. a bill now that was reported out by a lies are able to spend less on other ne- When we rely on other nations for heavy margin of the committee, and I cessities in their lives, whether it is more than half of our oil supply, we think as a result of that we will have food or shelter or health care. As elec- simply put ourselves at greater risk. some vigorous debate. There are some tric bills consume more and more of While there is no silver bullet that things on this side we believe should be the small companies’ assets or their can make us 100-percent energy inde- done differently, but that is what legis- bottom lines, they invest less, they in- pendent in the near future, there is a lation is all about. Again, having spent vest less in inventory or in capital ex- lot we can do right now to reduce our most of my life as a legislator, I look penditures, or they invest less in how dependence and enhance our security. forward to the Senate returning to much they can pay employees working Much of it will be addressed on the what it does best. for that small business. In order to floor in the next 2 weeks. Mr. FRIST. Mr. President, I think keep our economy strong, and it does Everything should be on the table, this 4-week period does demonstrate translate down into jobs, making oth- including increasing conservation, en- the Senate responding to the American ers’ lives more fulfilling every day, we hancing energy efficiency, investing in people and what they expect, the fact must rely on a reliable and affordable new technologies that will allow us to that this week we are moving forward and secure supply of energy, reliable, both use energy more wisely and tap on judges, which people know has been affordable, and secure. That is the pur- new sources of energy, and finally, in- very contentious over the last several pose of the Energy bill that will be creasing domestic production of energy weeks, months, and even the last cou- brought to the floor of the Senate early sources at home. The transportation ple years. We are making great next week. sector is a prime example. Nearly 70 progress working hand in hand on both Right now, we face enormous chal- percent of the oil we use goes to power sides of the aisle and delivering what lenges, huge challenges. We have not the cars and trucks we drive every day. the American people want and expect. had a comprehensive national energy If we are serious about reducing our de- As the Democratic leader said, we will policy or energy strategy, cohesive pendence on foreign oil, we must look be returning to an issue I know we care strategy in over 10 years. This has con- for new ways to fuel our vehicles. We extremely about. We have not been tributed to the higher prices. It has are already doing this with the hybrid able to make progress in several years. threatened our ability to maintain a cars—they are becoming more and Because of the work of the two leaders, reliable, affordable, and secure supply more popular, as we all know—and Senators DOMENICI and BINGAMAN, they of energy for the future. The fact is with alternative fuels, such as ethanol have delivered an energy bill in a bi- that—and it is probably the easiest and biodiesel. partisan way that will come to the thing to remember when you start We must continue to move in this di- Senate floor and be fully debated. We talking about energy other than the rection by continuing to invest in hy- will be spending next week, week and a impact it has on everybody in everyday drogen fuel cell research. President half, 2 weeks on the bill for debate, of- life—we are too dependent on foreign Bush has stressed this again and again, fering amendments, and we will start sources of energy. We have to look to a and he has said his goal is that today’s

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6245 children will take their driver’s test in EXECUTIVE SESSION graduating senior can have. To be se- a zero-emission vehicle. That would go lected as that in a fine law school such a long way toward helping to reduce as Tulane is a great achievement. our dependence and enhance our secu- NOMINATION OF WILLIAM H. After he left law school, he clerked rity. PRYOR, JR., TO BE UNITED for Circuit Judge John Minor Wisdom, STATES CIRCUIT JUDGE FOR a well-known champion of civil rights Natural gas is another energy source THE ELEVENTH CIRCUIT we depend on heavily and is another in the Federal court system—at that time in the old Fifth Circuit. Now it area in which we are, unfortunately, The PRESIDING OFFICER. Under has been divided to become the Elev- becoming increasingly reliant on for- the previous order, the Senate will pro- enth Circuit. Judge John Minor Wis- eign imports. Because natural gas is ceed to executive session to resume dom was a circuit court judge in the clean burning and relatively cheap, it consideration of Calendar No. 100, 1950s and 1960s when much of segrega- has been the fuel of choice for new which the clerk will report. The assistant legislative clerk read tion was brought to an end by Federal electric power generation in recent court action. Bill Pryor was positively years. Sixty percent of American the nomination of William H. Pryor, Jr., of Alabama, to be United States impacted by his experiences, working homes are now heated and cooled with with Judge Wisdom, and is a passionate natural gas. But while that demand has Circuit Judge for the Eleventh Circuit. The PRESIDING OFFICER. Under believer in equal rights and equal jus- been growing, domestic supply has re- the previous order, the time from now tice, and he has a record to dem- mained essentially flat. In 2003, we im- until 10:30 shall be under the control of onstrate that commitment. ported 15 percent of the gas we used. the majority leader or his designee. He practiced law with one of Ala- By 2025, that number will nearly dou- The Senator from Alabama is now bama’s fine law firms before becoming ble. recognized. assistant attorney general when I was We simply cannot continue on this Mr. SESSIONS. Mr. President, I am elected attorney general. He handled path, and that is why we are bringing delighted to be able to speak on behalf the constitutional issues in our office. this bill to the floor next week. We of William Pryor—Judge William He was smart, hard working, coura- need to take bold action in the Senate. Pryor now—for the position of U.S. Cir- geous, intelligent, fair and, more than It is what the American people expect; cuit Judge for the Eleventh Circuit anybody I know in the legal business it is what they deserve. This is exactly Court of Appeals. He is an extraor- today, was committed to the rule of what we will do. We will take that ac- dinary individual, a wonderful human law, to doing the right thing. That is tion in the Senate to address these en- being, a brilliant lawyer, a man of the his very nature. That is the way he was ergy challenges head on. highest integrity, who has won the re- raised. That is what he believes in and he will stand in there and do the right spect and support and confidence of the The bill that was reported out of the thing, no matter what others might people of Alabama to an extraordinary Energy Committee last month was say, time and time again. His record degree. Democrats, Republicans, Afri- done so on a bipartisan basis, and it is demonstrates his overriding belief that can Americans—the whole State of a step in the right direction. It likely the law is preeminent and it should be Alabama knows and respects him for will be amended and improved on the obeyed, even if he might disagree and the courage and integrity and commit- floor of the Senate next week. I, again, would like to see it different. I want to ment he brings to public service. thank Chairman DOMENICI and Senator show some of the things that dem- He was appointed attorney general to BINGAMAN for their tremendous work onstrate that. and for the cooperative spirit with fill my seat after I was elected to the I say this because it was alleged which they approached these issues. I Senate, and he has done a superb job as when his nomination came up that hope that same bipartisan spirit will attorney general. President Bush gave somehow he had strongly held beliefs, prevail on the floor and that we can get him a recess appointment to the Elev- or deeply held beliefs, and those deeply this important legislation to the Presi- enth Circuit Court of Appeals after his held beliefs were so powerful that, yes, dent as quickly as possible. nomination had been blocked here now he might be smart, he might be a good for over 2 years. So it has been a bur- Several of us had the opportunity to lawyer, he might be an honest man and den for me to feel the frustration that meet with the President yesterday, and all of these things people said he was, I know he and his family must endure this was at the very top of his list of but because he had strongly held be- as a result of the uncertainty of his issues that he expects us to address. liefs and believed something and had nomination process. I could not be Our goal is to get that legislation to some convictions and had some moral more pleased that he was one of the his desk for his signature as soon as we principles, that somehow that couldn’t nominees who was agreed upon to get a possibly can. be trusted. Maybe he wasn’t smooth cloture vote, a successful cloture vote enough. Maybe his beliefs were so America needs a policy that keeps and an up-or-down vote here in the our families safe, strong, and secure, a strong this would manipulate or cause Senate. That is a good decision by the him to manipulate the law and not be policy that keeps America moving for- 14 Senators who reached a consensus a fair adjudicator of the law. ward. on how they would approach this proc- I will share some thoughts about that Mr. President, I yield the floor and ess of confirmations. I could not be because I think what that overlooks is suggest the absence of a quorum. more pleased and proud that Judge Bill his fundamental belief and great The ACTING PRESIDENT pro tem- Pryor was part of the group that was strength as a judge and a lawyer, which pore. The clerk will call the roll. agreed upon by those Members of the is his belief in the law and the primacy Senate to get an up-or-down vote. of the law. He understands, fundamen- The legislative clerk proceeded to Bill Pryor is the kind of judge Amer- call the roll. tally, the greatness of our country, ica ought to have. He grew up in Mo- more than most people realize, is Mr. SESSIONS. Mr. President, I ask bile, AL, my hometown. He was edu- founded upon our commitment to law. unanimous consent the order for the cated in the Catholic school system. We were given a great heritage from quorum call be rescinded. His father was a band director at England. We have built upon that legal The PRESIDING OFFICER (Mr. MAR- McGill-Toolen High School, a vener- heritage. As I age and see the world, I TINEZ). Without objection, it is so or- able, large Catholic high school there. know this legal system is what makes dered. His mother taught in African-Amer- our country great. A person can go into ican schools. He went to law school at any court, a company can invest in any f Tulane University where he graduated State, and expect in this country they with honors, magna cum laude. He was will get a fair day in court. You don’t RESERVATION OF LEADER TIME editor-in-chief of the Tulane Law Re- have to bribe the judge; you don’t have view. I know the Presiding Officer, the to bribe the jury. You can expect a fair, The PRESIDING OFFICER. Under Senator from Florida, is a lawyer and just result, day in, day out, and it oc- the previous order, the leadership time understands that editor-in-chief of the curs in our courtrooms all over Amer- is reserved. Law Review is the highest honor a ica. It is a heritage of unparalleled

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That is wrote the district attorneys in Ala- preme Court has held otherwise. what we pay judges to do. bama a letter and he instructed them— Though Judge Pryor had just been I want to say the first and foremost gave them instructions—to utilize only appointed attorney general by Gov- legal principle of Judge William Pryor a restrictive interpretation of that ernor James, he had the courage and is that a judge should follow the law, statute, because he concluded that por- followed his duty and just said no to and he has a record to demonstrate it, tions of the statute were overbroad and the Governor. He told the Governor he even when it disagrees with his per- unconstitutional. The pro-life forces in could not argue that the Establishment sonal views. Alabama were angry with this pro-life Clause did not apply to the States, be- First, on the issue of abortion, Judge attorney general because he had fol- cause the Supreme Court had already Pryor has made clear he personally lowed the law. He had restricted by his held that it did. The Governor then had does not believe in abortion. He does opinion the breadth of that statute; to hire his own lawyer to promote his not believe it is right. He believes it is one even said he gutted the statute. idea of the First Amendment. wrong. It is not just because he is a But he did the right thing in 1997, long In Attorney General Pryor’s brief to Catholic, it is not just that his views before he was ever considered for a the Federal court, he wrote, correctly, are consistent with the Pope’s or the Federal judgeship. that as attorney general, he spoke for Catholic Church of which he is a part, Three years later, the Supreme the State of Alabama and not Governor or many other churches and leaders in Court, in the Stenberg case, struck James who had just appointed him. our country, but he has thought about down further the partial-birth abortion Judge Pryor followed the rule of law this issue personally and deeply. He statutes of many States. Judge Pryor, again when Judge Roy Moore asked has given it serious consideration. He then-attorney general, wrote the dis- him to make certain arguments in de- has made a judgment that, in his view, trict attorneys another letter and told fense of the Ten Commandments statue life and freedom and liberty in our them the statute banning partial-birth that Judge Moore had placed in the country are diminished if the unborn abortions in Alabama was unconstitu- Alabama Supreme Court building. At- are not given protection. That is a le- tional. He did not have to do that. He torney General Pryor considered the gitimate position in America, held by believed personally that abortion was request and refused to make those ar- tens of millions of people and many wrong. He believed that partial-birth guments. He did not believe they were leaders in this country. Certainly no abortion was certainly wrong. But he consistent with Supreme Court prece- one can deny that. Certainly, because wrote them a letter and told them not dent and did not believe that the attor- someone believes the pro-life way is to even attempt to enforce the Ala- ney general for the State of Alabama the best way, they should not be dis- bama statute, because it had been held ought to make arguments that the Su- qualified from being a judge. unconstitutional by the Supreme Court preme Court had already rejected. He has concluded Roe v. Wade was of the United States. When Judge Moore ultimately re- not a principled constitutional deci- I don’t know that attorneys general fused to remove that statue of the Ten sion. Ruth Bader Ginsburg, the ACLU do that often. They do not have to do Commandments, as ordered by a Fed- lawyer who President Clinton nomi- that. They can let the district attor- eral judge, Attorney General Pryor was nated to the Supreme Court of the neys make their own decision. But he responsible for prosecuting Judge United States, has also raised ques- felt that was the right thing to do and Moore before the Judicial Inquiry Com- tions about the constitutional integ- he did so. In his letter he said: ‘‘You mission. It was his duty as attorney rity of Roe v. Wade. That is his view are obligated to obey Stenberg.’’ That general under the law to prosecute and about it. is a clear directive to them. present that case. He did so with fidel- What does that mean, though, when When there were threats on abortion ity to duty and effectiveness. The Com- it comes to court? Someone’s personal clinics, Judge Pryor held a high-profile mission made a decision and removed views on those matters obviously can- press conference in the State warning Chief Justice Moore duly elected by not be the test of whether a person will of prosecutions for those who partici- the people of the State of Alabama go on the bench. Personal views are not pated in those attacks. He said those from office as chief justice. the answer here. We cannot look at attacks on abortion clinics—although They said he is some sort of religious someone’s religious faith or their per- he certainly did not favor abortion extremist. It is just not so. He is com- sonal views and say: I disagree with clinics—were ‘‘despicable crimes’’ mitted, as you can see, to what the law your religious values here, I disagree against our fellow citizens that would says. In fact, after this controversy with your theology there, therefore not be tolerated and that he would over the prayer in schools with the you cannot be a judge in the United prosecute people who did so. Governor, Attorney General Pryor felt States of America. There are some who said his views on it was his duty to clarify for school Are we going to ask Muslim nomi- church and state are incorrect. I will boards and school principals all over nees to reject their faith before we dispute that. I will show he has been the State what the law actually was, so allow them to be confirmed, or some courageous in following the law of the he wrote them a letter defining what other religious entity with views dif- United States in this area, as well. could be done with student-led prayers ferent than I may have or someone else Former Gov. Fob James of Alabama, in school and what could not be done may have? Of course not. That cannot a strict constructionist, conservative, and what had been held unconstitu- be. The test for nominees always must and independent Governor if there ever tional by the Supreme Court. be: Do they respect the law and will was one—and he appointed Judge Pryor The Atlanta Journal-Constitution, a they follow it? to be the attorney general—wanted liberal newspaper in Atlanta, praised Judge Pryor’s record shows he will. Judge Pryor to defend prayer in him for his letter and his definition of In August of 1997, not long after I had schools. He thought that schools had a the appropriate and inappropriate ex- been elected to the Senate and he had right to have prayer. He wanted his at- pressions of religious faith in schools. become attorney general, Alabama torney general, whom he just ap- And, in fact, the Clinton administra- passed a partial-birth abortion ban to pointed, to defend it and go to court tion not long thereafter issued their ban partial-birth abortion—a particu- and to argue in court that the First own guidelines for schools incor- larly heinous act, in my view, there is Amendment says ‘‘Congress shall make porating much of what Attorney Gen- strong feeling that this is not a good no laws respecting the establishment of eral Pryor had put in his letter. and decent procedure and that it ought a religion or prohibiting the free exer- Some have said, in attacking him, to be eliminated. cise thereof.’’ In Governor James’s that he does not believe in racial equal- Judge Pryor certainly opposes par- view, that meant Congress could not ity; that he does not believe in voting tial-birth abortion. But as attorney pass any such laws, but the State of rights; and that he is out of the main- general he exercised his supervisory Alabama could and that the Constitu- stream with regard to those issues in

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6247 the State. Nothing could be further it. He did not make some of his friends, the legislature. Yesterday, I had him in from the truth. For example, on the and some of my friends, happy. They my office, an African-American State 40th anniversary of former Gov. George did not like that. senator who has been in the Senate for Wallace’s infamous speech in which he He defended it on a number of many years. I said: ‘‘Senator, do you said, on his inauguration, ‘‘segregation grounds. One was a technical proce- know an African American—I asked today, segregation tomorrow, segrega- dural basis of standing. He said the him, did he know of a single elected tion forever,’’ Bill Pryor was inaugu- plaintiffs did not have standing. They public official in the State who was op- rated as attorney general. He won by 60 went to the Eleventh Circuit Court of posed to Judge Pryor for this appoint- percent of the vote. In his inaugural Appeals, on which he now sits as a re- ment?’’ He said: ‘‘No, I don’t know of a speech he changed those famous words sult of an interim recess appointment, single one. They know he has given to his own philosophy. This is how he and they ruled against him. So the Re- them a fair shake, sometimes even to began his inaugural speech: ‘‘Equal jus- publicans said: Boy, this is over now. the point of taking serious criticism tice under the law today, equal justice We will win this thing. He said: No, the for it. He has been courageous and under the law tomorrow, equal justice court of appeals made an error. I be- steadfast in standing up for equal jus- under the law forever.’’ That is his lieve that you do not have standing to tice under the law, which is his guiding view. That is his belief. That is who he bring this suit. I believe your appeal is principle as a judge and as attorney is. It is absolutely unfair, wrong, and not, therefore, well taken. I believe I general.’’ even worse, really, to suggest other- have a duty as attorney general to de- There is almost, in fact, universal wise. fend the duly enacted laws of the State support for Judge Pryor. Former One of the things that was an issue in of Alabama. Democratic Governor Don Siegelman, the State raised by a State representa- He appealed to the U.S. Supreme Jerry Beasley, the State’s top trial tive, an African American, Alvin Court and won in the U.S. Supreme lawyer, one of the top trial lawyer Holmes, was that Alabama’s Constitu- Court defending a legislative reappor- Democrats in America, and virtually tion still had language in it that tionment plan that clearly favored every newspaper in the State supports banned interracial marriage, an old Democrats and African Americans. Judge Pryor. The very liberal Anniston segregationist provision. It was uncon- They appreciated that. They knew he Star newspaper, which supports the fil- stitutional, could not be enforced, but was a man of principle and integrity ibuster of judges here by Democrats, a the words were still in that constitu- and decency. They have appreciated fine newspaper, but they have been tion. Mr. Holmes believed it ought to those kind of acts they have seen him very much a Democratic newspaper— be taken out. carry out. they have supported the filibustering Attorney General Bill Pryor agreed He has taken a strong lead on rights of judges, which I certainly do not with him. He did not think that was for women as well as minorities. While agree with—but they support Judge right. He thought that was a blot and a he has been attacked in the Senate for Pryor. They say he ought to be con- stain on Alabama’s Constitution and it an argument he made regarding a tech- firmed. ‘‘He is the kind of person we ought to be removed. He took action to nical flaw that was in the Violence ought to have on the bench,’’ the An- do so. He mentioned it in his inaugural Against Women Act passed by this niston Star said. They know his record address as one of his priorities, and he Congress, his true record on women’s of independence and courage. They led the fight to remove it from Ala- issues is reflected in his history of know he is the kind of person we need bama’s Constitution. That has resulted fighting to protect women from domes- on the bench. in the steadfast support for his con- tic abuse. So in closing, I want to say that I be- firmation by State representative He is a supporter of Alabama’s Penel- lieve Judge Pryor has demonstrated Alvin Holmes, who said more than any ope House and participates in their time and again the kind of courage and other person—White officeholder in the yearly luncheon where they recognize commitment to principle that are the State—Judge Pryor stood up to remove the importance of partnering with law very values we need judges to possess. this stain from our constitution. enforcement to eradicate domestic We do not want people on the bench He said: ‘‘I’ll call anybody you want abuse. He testified before Congress in who do not have any beliefs. We do not me to. I’ll come to Washington to 2003, stressing the importance of the want people who do not have any val- speak on his behalf. This is a good Violence Against Women Act. He ues. man.’’ Alvin Holmes was arrested dur- championed a bill in Alabama to in- As LAMAR ALEXANDER, our colleague, ing the civil rights marches for stand- crease the penalties for repeat viola- once said, ‘‘Judge Pryor has shown ing up for freedom. No one in the State tions of protection from abuse orders courage in a Southern State unlike of Alabama will deny that he does not by judges for ordering people to cease anyone he has ever seen before.’’ He believe in equal justice and civil rights abusing their spouses. This is the true said it has almost looked like political and in progress for African-American record of Bill Pryor. He has been a suicide, some of the things he has done. citizens. leader in the fight against domestic But regardless of the cost, he has al- I have another example of Bill Pry- abuse throughout the State. He has in- ways done the right thing. That is or’s fairness in handling issues before credibly strong support by all the wom- what makes him an ideal candidate for the State. Republicans challenged a en’s groups who advocate that, includ- the Eleventh Circuit. State redistricting plan which, in fact, ing Judge Sue Bell Cobb on the Ala- He is brilliant. He loves the law. He is quite favorable to the Democrats. It bama Court of Criminal Appeals, who studies it. He cares about it. He wants was a gerrymandered plan that favored is a Democrat and who has fought for to see it be better and better and bet- the Democrats. For example, five out these women’s issues for years. ter. He will give his life to that, and of the seven Congressmen in Alabama What about other people in the you can take it to the bank. He will are Republican. The Governor and both State? How do they think of him? treat everybody before him fairly. Senators are Republicans. But only a Judge Pryor has won the support of I thank the Chair, yield the floor, third of the legislature are Repub- people such as Joe Reed, probably the and suggest the absence of a quorum. licans. Part of that is the way they most powerful political person in the The PRESIDING OFFICER. The drew the lines. Republicans were not State who is an African American. He clerk will call the roll. happy with it. They challenged it on a is on the Democratic National Com- The assistant legislative clerk pro- number of grounds. But Bill Pryor who mittee. He chairs the Alabama Demo- ceeded to call the roll. is the attorney general for the State of cratic Conference. He strongly supports Mr. SESSIONS. Mr. President, I ask Alabama. He is the lawyer for the Judge Pryor. unanimous consent that the order for State of Alabama. He is a Republican. Another Pryor supporter is Congress- the quorum call be rescinded. He felt it was his responsibility to de- man ARTUR DAVIS, an African-Amer- The PRESIDING OFFICER (Mr. EN- fend the duly enacted laws of the State ican Congressman and Harvard Law SIGN). Without objection, it is so or- legislature. He represents the State. School graduate. Alvin Holmes, I men- dered. The State passed the redistricting tioned earlier, is one of the most out- Mr. SESSIONS. Mr. President, I plan. It was his responsibility to defend spoken African-American leaders in thought it would be important to share

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6248 CONGRESSIONAL RECORD — SENATE June 9, 2005 in more detail some of the broad bipar- I share with you another statement If you study Judge Pryor’s record, tisan support that exists in the State by Joe Reed, an African American, a over and over again, he continues to of Alabama by those who know Judge leader in the State for 30 or more lead himself to decisions based on the Pryor. These are Democratic leaders, years, probably the preeminent Afri- fundamental principle, belief, that in people who are African Americans, who can-American leader in the State over all cases you do what is right. have been involved in the State for the last 35 years. He chairs the Ala- I listened to nearly all of the speech many years, who are sensitive to good bama Democratic Conference. He is a of the distinguished Senator from Ala- judgment and good leadership. I want member of the Democratic National bama. He recited so many examples of to share some of the comments some of Committee. He is a vice chairman of where a statement that Judge Pryor these people have written on behalf of the Alabama Education Association. might have made in the past did not Judge Pryor. Dr. Joe Reed has always understood guide him to a decision when it differed First, Congressman ARTUR DAVIS of the importance of Federal courts. He with the law, that he always followed the 7th Congressional District wrote has understood that the civil rights the law to its fullest extent, not to in- this letter. Congressman DAVIS is a and liberties of African-American citi- terpret it as he saw fit but to execute Harvard Law graduate and a very fine zens were enhanced and provided in it as he knew it was intended. young Congressman. He said this: large part by actions of Federal courts. I am not a lawyer. I am a real estate I understand that the President may There is no mistaking in his mind on guy and a politician. Obviously, we be considering Attorney General Bill this question. This is what he said: deal a lot in words but not nearly the Pryor for a seat on the Eleventh Cir- [Attorney General Pryor] is a person, in discipline of the specifics of the law. I cuit. I have the utmost respect for my my opinion, who will uphold the law without am a citizen of the United States, a fa- friend Attorney General Pryor and I fear or favor. I believe all races and colors ther, and a businessman. I care deeply believe if he is selected, Alabama will will get a fair shake when their cases come about the men and women who will sit before him. As Attorney General for Ala- be proud of his service. bama during the past six (6) years, he has on the bench of our highest courts. If Alabama House of Representatives been fair to all people. . . .For your informa- we can have a man with common sense member Alvin Holmes wrote this: tion, I am a member of the Democratic Na- and a commitment to right and doing As one of the key civil rights leaders in tional Committee and, of course, Mr. PRYOR what is right, then we have provided a Alabama who has participated in basically is [a] Republican, but these are only party great service to the people. every major civil rights demonstration in labels. I am persuaded that in Mr. PRYOR’s I also rise as an extension of a great America, who has been arrested for civil eyes, Justice has only one label—justice! Georgian who has submitted a letter, rights causes on many occasions, as one who Mr. President, those are just some of on behalf of Judge Pryor, from which I was a field staff member of Dr. Martin Lu- the comments we have received from would like to quote. ther King’s SCLC [Southern Christian Lead- prominent Alabama leaders of a dif- ership Conference], as one who has been bru- I also ask unanimous consent that tally beaten by vicious police officers for ferent party, a different race, who care the entire letter be printed in the participating in civil rights marches and about justice in America, who have a RECORD. demonstrations, as one who has had crosses record of fighting for it, and who be- There being no objection, the mate- burned in his front yard by the KKK and lieve Judge Pryor shares their values rial was ordered to be printed in the other hate groups, as one who has lived in that regard. RECORD, as follows: under constant threats day in and day out Mr. President, I thank the Presiding DEPARTMENT OF LAW, because of his stand fighting for the rights of Officer and yield the floor. I see my Atlanta, GA, March 31, 2003. blacks and other minorities, I request your colleague from Georgia has arrived. We Hon. RICHARD SHELBY, swift confirmation of Bill Pryor to the 11th appreciate and look forward to hearing U.S. Senate, Hart Senate Office Building, Circuit because of his constant efforts to from him. Washington, DC. help the causes of blacks in Alabama. The PRESIDING OFFICER. The Sen- Hon. JEFF SESSIONS, Is that a credible voice? I submit to ator from Georgia is recognized. U.S. Senate, Russell Senate Office Building, you it is. Mr. ISAKSON. Mr. President, first, if Washington, DC. The Honorable Sue Bell Cobb, a judge the Senator from Alabama will remain DEAR SENATORS: I have had the great on the Alabama Court of Criminal Ap- for a minute, I took the occasion, last pleasure of knowing and working with Bill Pryor over the past five years. Through the peals for quite a number of years, who week or 2 weeks ago, to spend a rather has been involved in the Children’s National Association of Attorneys General, extensive time on the floor, on 2 days, Bill and I have worked together on matters First Program in Alabama, who has talking about Janice Rogers Brown of of mutual concern to Georgia and Alabama. been involved in women’s issues in Ala- Alabama, whose appointment was con- During that time, Bill has distinguished bama over a number of years, and who firmed by this Senate. I had the pleas- himself time and again with the legal acu- has had occasion to work with Attor- ure to meet Justice Brown and meant men that he brings to issues of national or ney General Bill Pryor, wrote this: every word I said. regional concern as well as with his commit- I write, not only as the only statewide But I rise today to talk about Judge ment to furthering the prospects of good and Democrat to be elected in 2000, not only as a Pryor because of my tremendous per- responsive government. During his tenure as Attorney General, member of the Court which reviews the sonal admiration for a man whom I greatest portion of General Pryor’s work, Bill has made combating white-collar crime have not met but know so much about and public corruption one of the centerpieces but also as a child advocate who has labored because of the way he has conducted shoulder to shoulder with General Pryor in of his service to the people of Alabama. He the political arena on behalf of Alabama’s himself as a human being and as an at- joined the efforts of Attorneys General children. . . . Bill Pryor is an outstanding torney general. around the country in fighting the rising attorney general and is one of the most I know he succeeded the distin- tide of identify theft, pushing through legis- righteous elected officials in this state. He guished Senator from Alabama as at- lation in the Alabama legislature making possesses two of the most important attorney general; is that not correct? identity theft a felony in Alabama. Bill has tributes of a judge: unquestionable integrity Mr. SESSIONS. Correct. fought to keep law enforcement in Alabama and a strong internal moral compass. . . . Mr. ISAKSON. So he obviously had a armed with appropriate laws to protect Ala- bama’s citizens, pushing for tough money good role model to follow. Senator SES- High praise, I submit. She goes on: laundering provisions and stiff penalties for Bill Pryor is exceedingly bright, a lawyer’s SIONS’ leadership, obviously, contrib- trafficking in date rape drugs. lawyer. He is as dedicated to the ‘‘Rule of uted greatly to Judge Pryor’s distin- Time and again as Attorney General, Bill Law’’ as anyone I know. I have never known guished service. has taken on public corruption cases in Ala- another attorney general’’ I guess that in- But the reason I rise on the floor of bama, regardless of how well-connected the cludes this one standing before you ‘‘who the Senate for a second and confirm defendant may be, to ensure that the public loved being the ‘people’s lawyer’ more than the reason I am so positively going to trust is upheld and the public’s confidence in Bill Pryor. Though we may disagree on an cast my vote for his confirmation to government is well-founded. He has worked issue, I am always confident that the posi- the Eleventh Circuit is because he has with industry groups and the Better Business tion is a product of complete intellectual Bureau to crack down on unscrupulous con- honesty. He loves the mental challenge pre- a magna cum laude degree in law from tractors who victimized many of Alabama’s sented by a complex case, yet he never fails Tulane University, but he has a mas- more vulnerable citizens. to remember that each case impacts people’s ter’s degree in common sense. He has a From the time that he clerked with the lives. Ph.D. in courage. late Judge Wisdom of the 5th Circuit to the

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6249 present, though, the most critical asset that present, though, the most critical asset that Mr. DOMENICI. Mr. President, I rise Bill Pryor has brought to the practice of law Bill Pryor has brought to the practice of law today to address the nomination of is his zeal to do what he thinks is right. He is his zeal to do what [is the right thing to William H. Pryor, Jr., to be a U.S. cir- has always done what he thought was best do]. He has always done what he thought was for the people of Alabama. Recognizing a cuit judge for the Eleventh Circuit. best for the people of Alabama. Recognizing Many of my colleagues know that I wrong that had gone on far too long, he took a wrong that has gone too far [and too long], the opportunity of his inaugural address to he took the opportunity in his inaugural ad- am Catholic by religion and belief. As call on an end to the ban on inter-racial mar- dress to call on an end to the ban on inter- such, I have watched the debate over riages in Alabama law. Concerned about at- racial marriage in the State of Alabama. Judge Pryor, an acknowledged devout risk kids in Alabama schools, he formed Concerned about at-risk kids in schools, he Catholic, with much interest. Mentor Alabama, a program designed to pair formed Mentor Alabama, a program designed I start by saying, and I want to be volunteer mentors with students who needed to pair volunteer mentors with students who very clear about this point, that I do a role model and an attentive ear to the needed a role model and an attentive ear to not believe any of my colleagues are problems facing them on a daily basis. the problems facing them on a daily basis. These are just a few of the qualities that I anti-Catholic. However, I am becoming believe will make Bill Pryor an excellent As a member of the legislature in increasingly concerned about the ap- candidate for a slot on the 11th Circuit Court Georgia, one who worked on kids’ pro- parent creation of some kind of reli- of Appeals. My only regret is that I will no grams, I know so much about the value gious litmus test for nominees. I would longer have Bill as a fellow Attorney General of mentoring and the programs estab- like to provide a sample of some of the fighting for what is right, but I know that lished such as Mentor Alabama that questions posed to Judge Pryor during his work on the bench will continue to serve fundamentally change lives. For a man as an example of how the public trust should his confirmation process that I think whose job it is to prosecute the law on justify my concern that a nominee’s re- be upheld. behalf of the people of Alabama, to il- Sincerely, ligion is becoming some kind of a cen- THURBERT E. BAKER. lustrate his desire for the future by, at tral part of the confirmation process. Mr. ISAKSON. The attorney general the same time, developing a mentoring It concerns me when, in the Judici- of the State of Georgia is my dear program so that the youth of Alabama ary Committee, statements such as friend, Thurbert Baker. He is a Demo- would go on the right track in life—not these are made: crat, an African American, and a close the wrong—shows his absolute commit- Judge Pryor’s beliefs are so well known, so friend with whom I served in the Geor- ment to right, his absolute commit- deeply held, that it is very hard to believe, gia House of Representatives. On ment to his fellow man, his absolute very hard to believe, that they are not going March 31, 2003, Thurbert Baker wrote commitment to those who have been to deeply influence the way he comes about saying, ‘‘I will follow the law.’’ to Senator RICHARD SHELBY and Sen- less fortunate. I close with one last quote from this Another: ator JEFF SESSIONS his personal feelings about the nomination of Judge letter: I think the very legitimate issue in question with your nomination is whether you Pryor. I want to read a few excerpts My only regret is that I will no longer have Bill as a fellow Attorney General, fighting have an agenda, that many of the positions from that letter. for what is right, but I know that his work which you have taken reflect not just an ad- During his tenure as Attorney General, on the bench will continue to serve as an ex- vocacy but a very deeply held view and a phi- Bill has made combating white-collar crime ample of how the public trust should be losophy. and public corruption one of the centerpieces upheld. Third: of his service to the people of Alabama. He joined the efforts of Attorneys General Bill Pryor has been waiting for this Virtually in every area you have extraor- around the country in fighting the rising day for some time. I am grateful to dinarily strong views which continue and tide of identity theft, pushing through legis- Senators who allowed the cloture vote come out in a number of different ways. lation in the Alabama legislature making to take place and voted in favor of giv- Your comments about Roe make one believe, identity theft a felony in Alabama. Bill has ing a chance for Judge Pryor to receive could he really, suddenly, move away from those comments and be a judge? fought to keep law enforcement in Alabama an up-or-down vote on his confirmation armed with appropriate laws to protect Ala- to his nomination to the Eleventh Cir- It concerns me that these questions bama’s citizens, pushing for tough money cuit Court of Appeals. I am confident continued despite the fact that Judge laundering provisions and stiff penalties for Pryor’s record in Alabama as attorney trafficking and in date rape drugs. that later today when we cast our vote—and I will cast mine in favor of general shows that he can and has sep- The importance of that quote is how Judge Pryor—the majority of this Sen- arated his personal beliefs from his consistent that is with what our attor- ate will confirm a man whose record is professional obligations. ney general, Thurbert Baker, has done impeccable, whose commitment is to As Alabama’s attorney general, in Georgia; in particular, in his fights doing what is right, whose belief is in Judge Pryor argued that there should on white-collar crime, on trafficking, the people of this country, in the fun- be no school-sponsored, government- on drugs, and his confirmation of damental foundations of the law and sponsored religious activity, but genu- Judge Pryor’s commitment to the its strict interpretation and applica- inely student-initiated religious ex- same. pression was protected by the First I continue to quote: tion. I commend to all Members of the Senate Judge Bill Pryor of Alabama for Amendment. I believe he expressly Time and again as Attorney General, Bill his confirmation. stated the view that the Supreme has taken on public corruption cases in Ala- Court has held in that regard, regard- bama, regardless of how well-connected the I yield the floor and suggest the absence of a quorum. less of his beliefs. defendant may be, to ensure that the public Second, he issued an opinion stating trust is upheld and the public’s confidence in The PRESIDING OFFICER. The government is well-founded. He has worked clerk will call the roll. that Alabama’s partial-birth abortion with industry groups and the Better Business The assistant legislative clerk pro- law was unconstitutional and could not Bureau to crack down on unscrupulous con- ceeded to call the roll. be enforced. I believe he followed the tractors who victimized many of Alabama’s Mr. DOMENICI. Mr. President, I ask law. more vulnerable citizens. unanimous consent that the order for Third, he personally prosecuted The operative words in that quote the quorum call be rescinded. charges against Alabama’s Justice refer to the courage I mentioned ear- The PRESIDING OFFICER. Without Moore for refusing to obey a court lier; Judge Pryor, as attorney general, objection, it is so ordered. order to remove the Ten Command- courageously and without fear took on Mr. DOMENICI. Mr. President, is the ments from a display in the Alabama anyone, regardless of stature and polit- Senate in morning business? State courthouse. ical standing, in order to see to it the The PRESIDING OFFICER. The Sen- The quotes I have referenced and the people of Alabama were protected, ate is on the nomination of William fact that some Democrats have per- their rights were protected and right Pryor. The majority controls the time sisted with this line of questioning de- itself was done and any wrong, regard- until 11:30 a.m. spite clear evidence that Judge Pryor less of the perpetrator, was prosecuted. Mr. DOMENICI. Mr. President, I is committed to both religious freedom I continue to quote: yield myself 5 minutes. and separation of church and state con- From the time he clerked with the late The PRESIDING OFFICER. Without cern me not because I am accusing Judge Wisdom of the 5th Circuit to the objection, it is so ordered. anyone on the other side of being anti-

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6250 CONGRESSIONAL RECORD — SENATE June 9, 2005 Catholic or anti-religion; rather, state- Mr. SESSIONS. Mr. President, I ask son were to be dismissed or otherwise ments such as these make me fear that unanimous consent the order for the not handled fairly as a result of a dis- we are creating some kind of a reli- quorum call be rescinded. ability, they could sue the State under gious litmus test for nominees. A The PRESIDING OFFICER. Without the Americans with Disabilities Act, nominee’s religious beliefs have no objection, it is so ordered. they could get an injunction, a court connection to fitness to serve on the Mr. SESSIONS. Mr. President, what order to ensure that they were treated Federal bench. is the order of business? fairly by the State of Alabama, they It seems to me that such questions The PRESIDING OFFICER. The mi- could get back wages if they had been suggest that anybody who is an Ortho- nority controls the time until noon. terminated—but that provision of the dox Jew, deep-seated Christian, Protes- Mr. SESSIONS. Mr. President, it is a act that allowed individuals to sue for tant, Muslim, or devout Catholic few minutes to 12. I ask unanimous money damages against corporations— should be rigorously questioned about consent that I be able to speak in and 97 percent of the people work for morning business. If any of my col- their religious beliefs. But I believe private employers and corporations leagues from the other side come to the their beliefs should not in any way af- and not State governments—that pro- fect them becoming Federal judges. floor, I will be pleased to yield to them. The PRESIDING OFFICER. Without vision could not be enforceable because These type of questions effectively say objection, it is so ordered. a State has sovereign immunity pro- to people in the United States: Perhaps Mr. SESSIONS. Mr. President, we tection against suits for money dam- if you have deeply held religious be- have spent over 2 years on the Bill ages. States can only be sued on liefs, you cannot serve on the Supreme Pryor nomination for the Eleventh Cir- grounds that they agree to be sued on, Court, you cannot serve in the Federal cuit Court of Appeals. He is an extraor- because the power to sue is the power judiciary. dinary man and an extraordinary ju- to destroy. That is constitutional his- I believe we should rid the record of rist, now that he is holding that seat as tory. And States do not allow them- any such inferences, and I am just try- a recess appointment. But a number of selves to be sued except under certain ing to do that today. allegations have been made against circumstances, and he argued that the The PRESIDING OFFICER. The Sen- him that I think caused some in this Congress could not abrogate that his- ator’s time has expired. body to form an impression of him toric constitutional principle of sov- Mr. DOMENICI. I ask for 1 additional early on that was not correct. ereign immunity by passing a statute— minute. One of the most prominent was an al- without giving any thought to the The PRESIDING OFFICER. Without legation that he was insensitive to the issue. Anyway, they passed it focusing objection, it is so ordered. disabled. People For the American mainly on private employers, not Mr. DOMENICI. Mr. President, this is Way, who issued their attack sheet re- States. He appealed that to the U.S. an alarming prospect. The Senate port—and I hope our colleagues will Supreme Court and won the case in the should consider the nominee on his begin to look far more critically at U.S. Supreme Court. professional record, not on his personal their work than they have in the past— Now they say what he was doing was beliefs. I believe this distinguished stated it this way: an indication that he is insensitive to nominee should be confirmed. people who are disabled. I raise that I yield the floor. I thank the Senate Of particular concern are Pryor’s views on the limits on Congress’ authority to enact issue because it is not fair to him, and for listening. laws protecting individual and other rights, it demeans our entire process. The PRESIDING OFFICER. Who and how he would seek to implement those I see the Senator from Tennessee is yields time? laws if confirmed. Pryor is one of the archi- in the Senate, Senator ALEXANDER. I Mr. SESSIONS. Mr. President, I sug- tects of this movement and has been a lead- know he is interested in this nomina- gest the absence of a quorum. ing activist in these damaging efforts. He tion. I am pleased to yield to the Sen- The PRESIDING OFFICER. The personally has been involved in key Supreme ator from Tennessee. clerk will call the roll. Court cases that, by narrow 5 to 4 majorities, The PRESIDING OFFICER (Mr. The legislative clerk proceeded to have hobbled Congress’s ability to protect GRAHAM). The Senator from Ten- call the roll. Americans’ rights against discrimination Mr. GREGG. Mr. President, I ask and injury based on disability, race, or age. nessee. Mr. ALEXANDER. Mr. President, I unanimous consent that the order for That is part of their report and part thank the Senator from Alabama. I am the quorum call be rescinded. of their complaint. At the time he was delighted to have a chance to join him The PRESIDING OFFICER (Mr. SES- originally nominated, a number of peo- in support of Judge Pryor. I will take a SIONS). Without objection, it is so or- ple from the disabled community were dered. told Judge Pryor is against them and few minutes on that, and when I finish, Mr. GREGG. Mr. President, what is that they should come. They came and I will ask unanimous consent to speak the regular order? spoke out against him. But truly I do for up to 5 minutes as in morning busi- The PRESIDING OFFICER. The mi- not think they understood what the ness on another matter. nority controls the time until noon, complaint was all about. The PRESIDING OFFICER. Without but the Senator may be recognized. Let me share with you what hap- objection, it is so ordered. Mr. GREGG. I ask unanimous con- pened. One of the State universities in Mr. ALEXANDER. Mr. President, sent that I be allowed to speak as in Alabama was involved in a lawsuit none of us, if we end up in court, want morning business for 10 minutes, and if about disability rights. The case was to go before a judge who has already some member of the minority appears I University of Alabama at Birmingham decided the case before we get there. will be happy to yield to allow them to v. Garrett. It goes up for litigation. There is an old story from the Ten- proceed under their time. The Attorney General of the State of nessee mountains about the lawyers The PRESIDING OFFICER (Mr. EN- Alabama was Bill Pryor. It is his duty who showed up in court and the judge SIGN). Without objection, it is so or- as a lawyer to defend his client. As an says: ‘‘Fellas, this shouldn’t take long. dered. The Senator is recognized. entity of the State, the university is a I had a phone call last night, and I (The remarks of Mr. GREGG and Mr. client of the State of Alabama, so he know most of the facts. Just give me a SESSIONS are printed in today’s did so. One of the defenses he raised, little bit on the law.’’ I don’t think RECORD under ‘‘Morning Business.’’) and raised brilliantly, dealt with this those litigants felt very good about Mr. GREGG. I thank the Senator act, the ADA. Only 3 percent of the their appearance before that judge. from Alabama. I obviously enjoy work- people in Alabama work for the State We do not want judges who decide ing with him because he is a voice of of Alabama. So the defense he raised the case before they hear the argu- reason around here. impacted only State employees, that is ment, either because they got a phone I yield the floor and suggest the ab- 3 percent of the people, although recall the night before or because they sence of a quorum. peatedly announcements were made bring some personal or political agenda The PRESIDING OFFICER. The that he was gutting the ADA. That is to the case. We want judges who are clerk will call the roll. the first point. fair. We want judges who are inde- The legislative clerk proceeded to Second, what the attorney general of pendent. We want judges who are intel- call the roll. Alabama argued was that, yes, if a per- ligent, who have good character, who

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6251 know the law, and who are willing to pass a constitutional amendment to do rights debate of the 1960s and 1970s, apply it in a fearless way. it. One might say, Of course he should putting his children in public schools As Governor of Tennessee, I ap- have done that. Well, go down to Ala- in Mississippi in the 1960s when every- pointed about 50 judges. I appointed bama and make that your first an- one else was sending them to what men and women, Democrats and Re- nouncement in a new public position at they called segregation academies, and publicans. I appointed the first Afri- that time in our Nation’s history. It testifying against the grand wizard of can-American Supreme Court justice, took courage and it took principle to the Ku Klux Klan in the mid-1960s when the first African-American chancellor do it. He did it. that was a dangerous thing to do. in our State who happened to be a He is a Republican, but he appealed I heard some of my colleagues ques- Democrat. I never asked how they felt the Alabama reapportionment plan to tioning his commitment to civil rights. about abortion. I never asked them the U.S. Supreme Court, to the dismay Where were they in 1965, 1966, and 1967? how they were going to decide cases. I of the Republican Party, and he won it What was going on? tried to assess their reputation for infor the Democrat Party. I was very disappointed when I heard telligence and fairness, their de- It is fair to say that Judge William these comments about Judge Pick- meanor, and whether they would treat Pryor has compiled for himself at a rel- ering. And he withdrew. I heard the those who appeared before them with atively young age a record that would comments about Miguel Estrada, a tre- respect. That turned out to be a pretty make it virtually impossible for him to mendous American success story. And good formula. win a Republican primary in Alabama he withdrew. So I pledged, then and If we are looking for a member of the but a record that ought to make him a there, I would never filibuster any U.S. appellate court who has dem- perfect candidate for the U.S. court of President’s judicial nominee, period. I onstrated before he takes the bench appeals. might vote against them, but I will al- that he can make decisions inde- Of course, there is always the ques- ways see they came to a vote. pendent of his personal views, then tion with these men and women who I am glad to see—and the Presiding Judge William Pryor ought to be ex- come before the Senate of whether Officer had something to do with it— hibit A, No. 1. As has been pointed out they are qualified. We can look at the that the logjam has been broken. many times, Judge Pryor has been very facts. William Pryor is a magna cum Maybe we can get back to business as honest with the committee and all who laude graduate of Tulane law school, usual in the Senate where the Presi- question him. He is pro-life. He opposes one of the great law schools of our dent, after consulting with us, sends us partial-birth abortion. But as attorney country. He was editor and chief of the good nominees, we look them over and general of Alabama in August of 1997, Tulane Law Journal. take as long as we want to talk about on his own initiative, he wrote the dis- My favorite example of his com- them, and then we vote on them. I am trict attorneys general of Alabama and petence is that he was a law clerk to glad we have a chance to vote on Judge instructed them to use a restrictive in- the Honorable John Minor Wisdom, Pryor. We do not want judges whose views terpretation of the partial-birth abor- perhaps the greatest appellate court are decided by a political agenda or by tion bill in Alabama, gutting the stat- judge of the last 50 years, whose 100th birthday would have been May 21. I a phone call that comes in the night ute, some said, in Alabama. Three before. Judge Wisdom had absolute know about his birthday because I years later, General Pryor, after fur- confidence in William Pryor when he knew the judge very well. I was his law ther Supreme Court cases, wrote the appointed him as his law clerk. He was clerk, too. I hasten to add that I didn’t Alabama district attorneys telling proud of his service as attorney general quite qualify to be a law clerk in 1965 them that the Alabama partial-birth of Alabama. He is not here today to say and 1966. He already had a smart grad- abortion law was unconstitutional. He what he thinks of him, but I am glad uate from Harvard. But he said: I need was pro-life, but the law said it was un- that I am here today to say I will be two, and I will hire you as a messenger. constitutional. He followed the law. proud to cast my vote for William If you work for $300 a month, I will When there were threats of attacks Pryor for U.S. circuit judge. against abortion clinics in Alabama, treat you like a law clerk. Mr. President, I received permission the attorney general could have waited Judge Wisdom is the one who ordered to speak on another subject as if in for something to happen. He did not. James Meredith to be admitted to Ole morning business, and I would like to He held high-profile press conferences Miss, and he, with Judge Tuttle and proceed to that. to condemn what he called ‘‘despicable Judge Rives, presided other desegrega- (The remarks of Mr. ALEXANDER per- acts.’’ He warned there would be pros- tion of the South. He hired as his law taining to the introduction of S. 1208 ecutions if those acts actually oc- clerks some of the most distinguished are located in today’s RECORD under curred. men and women now in the private ‘‘Statements on Introduced Bills and William Pryor told the committee he practice of law anywhere in the Amer- Joint Resolutions.’’) is a religious man. He, obviously, is a ica. I know many of them. Mr. ALEXANDER. Mr. President, I deeply religious person. But he told the Judge Pryor was in New Orleans on thank the Senator from Alabama for Governor, who had just appointed him May 21 to celebrate Judge Wisdom’s his time, and I join him in my enthu- attorney general of Alabama, to get 100th birthday, along with about 40 siasm for the nominee for the U.S. himself another lawyer when the Gov- other law clerks, even though Judge court of appeals from his home State, ernor wanted him to argue a prayer-in- Wisdom himself is not still living. I William Pryor. the-schools case that General Pryor know the respect Judge Wisdom had Mr. SESSIONS. Mr. President, I thought compelled him to take a posi- for Judge Pryor’s competence. He has thank the Senator from Tennessee for tion contrary to the U.S. Supreme demonstrated his independence, he has his very important remarks on the Court’s interpretation of the Constitu- demonstrated his intelligence, and he Pryor nomination. He is wise in ana- tion. has demonstrated he will be an ex- lyzing the realities of being an attor- He prosecuted the chief justice of the traordinary judge. ney general in America and the dif- Alabama Supreme Court for his refusal I was disappointed at what I heard ficult choices and political pressures to take actions to remove the Ten when the Presiding Officer and I came that are on attorneys general. Commandments, not because he does to the Senate a little over 21⁄2 years He is absolutely correct that Attor- not believe in the Ten Commandments, ago. I was preparing to make my maid- ney General Bill Pryor has dem- which he does, but because he believes en address on American history and onstrated he has the courage to do the in the law, and his job was to enforce civics, and we found ourselves in this right thing regardless of short-term the law. terrible debate about Miguel Estrada. I complaints that might arise. That is so He has proven his sensitivity toward was astonished by it, to tell the truth. fundamentally obvious to people who civil rights, which for those who have I found myself feeling the same way get a fair look at it and I am amazed it grown up in the South is even more im- about discussions of Judge Pickering in has not been clear to some of our col- portant. In his inaugural address, he Mississippi, a man whose reputation I leagues. pledged to remove the ban on inter- knew. When I studied that reputation, I thank the Senator from Tennessee racial marriage and led the fight to I found a man out front in the civil for sharing his thoughts.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6252 CONGRESSIONAL RECORD — SENATE June 9, 2005 Mr. President, I ask unanimous con- Mr. MCCONNELL. The attorney gen- Pryor’s, but who reached the same consent that the distinguished majority eral of Alabama is an elected position; clusion as Judge Pryor did about the whip and I be allowed to engage in a is it not? rationale for the decision, the basis of colloquy. Mr. SESSIONS. It is an elected posi- the decision. The PRESIDING OFFICER. Without tion. Mr. SESSIONS. I think that is a very objection, it is so ordered. Mr. MCCONNELL. So Judge Pryor good point, I say to you, Senator Mr. MCCONNELL. Mr. President, I did not have the protection of a life- MCCONNELL. I know that, for example, say to my friend from Alabama, I un- time appointment or even a lengthy Justice Ginsburg was an ACLU, Amer- derstand that Judge Pryor has been term. Here is an official in Alabama ican Civil Liberties Union, lawyer. Yet criticized because he has sincerely held basically telling a bunch of Alabama she was troubled by the reasoning and beliefs against abortion and has also local officials they ought to comply rationale in some of the matters in Roe criticized the ruling in Roe v. Wade? with a Supreme Court decision that v. Wade. And she did not mince words Mr. SESSIONS. That is correct. He was overwhelmingly unpopular in Ala- about it in terms of the public policy answered questions about that, clearly bama; is that correct? result in Roe, nor did she condemn peo- and directly. Mr. SESSIONS. That is exactly cor- ple who criticized Roe. She fully under- rect, I say to the Senator, absolutely stood it was legitimate to discuss that Mr. MCCONNELL. But it is also true, important Supreme Court case. In fact, is it not, I say to my friend from Ala- correct. People in Alabama, I think as she wrote: bama, that Judge Pryor swore under most Americans, believe that partial- birth abortion, at any rate, is a par- I appreciate the intense divisions of opin- oath—under oath—at his hearing that ion on the moral question and recognize that he would faithfully apply the law, and ticularly gruesome procedure, and he had a lot of pressure on him to declare abortion today cannot fairly be described as included in that, of course, is Supreme nothing more than birth control delayed. Court precedent? otherwise. In fact, he was criticized by friends who thought he had not been So I think she was expressing real Mr. SESSIONS. As a matter of fact, supportive of their view. sympathy and respect for those who he was asked explicitly about that in Mr. MCCONNELL. It would have been may disagree with the decision, even as the Judiciary hearings. I am a member very politically convenient for him to she expressed concern with the deci- of that committee, and the phrase he do that; would it not? sion. CCONNELL, used, I say to you, Senator M Mr. SESSIONS. Absolutely. I think Mr. MCCONNELL. I ask my friend was ‘‘Senator, you can take it to the the point is that he understands the from Alabama if he is aware that lib- bank.’’ And he is the kind of man who, importance of adhering to the rule of eral constitutional scholar and current when he says it, he means it. law even though it may disagree with Harvard law professor, Laurence Mr. MCCONNELL. Well, he has had positions you feel strongly about. Tribe—often quoted by Members on the other side as the authority on many an opportunity to demonstrate that, Mr. MCCONNELL. With regard to his has he not, I say to my friend from criticism of Roe v. Wade, I ask my issues of constitutional law—described Alabama, with respect to the laws reg- friend from Alabama, is it not also the Roe as a ‘‘verbal smokescreen,’’ and ulating abortion? He has been in a posi- case that some very prominent liberals noted that ‘‘the substantive judgment tion to demonstrate that he is willing in this country, who probably no doubt on which it rests is nowhere to be to set aside his personally held views liked the outcome of Roe v. Wade, found.’’ This is Laurence Tribe com- and apply the law as it is, has he not? were, nevertheless, highly critical of menting on Roe v. Wade. Even though, Mr. SESSIONS. He really has. I think the Supreme Court’s reasoning and ra- no doubt, he likes the result of Roe v. that is so important for us here as we tionale for issuing that particular judg- Wade, he is nevertheless criticizing the consider a nominee. Surely, we can’t ment? rationale for it. vote for or against a nominee on Mr. SESSIONS. That is correct. Mr. SESSIONS. Well, the Senator is exactly correct. Conservatives and lib- whether they agree with us on any Mr. MCCONNELL. So there is noth- number of a host of moral and religious ing particularly unusual or unique erals alike have raised questions about issues. But these are the facts on it. Al- about a good lawyer, or certainly a different aspects of Roe v. Wade. It is though he is a pro-life individual—in lawyer in a prominent position like at- perfectly natural that they would do 1997, Alabama banned partial-birth torney general, at the time, Bill Pryor, so, I think. Mr. MCCONNELL. I believe liberal abortion by State statute. As attorney critiquing the decision, wholly aside law professor Cass Sunstein from the general, Judge Pryor was aware that from what their personal views were, University of Chicago—who was re- parts of that statute had gone too far because a number of prominent lib- ported to have advised our Democratic under the current state of the law, so erals, I think, have done the same colleagues on the need to ‘‘change the he issued a letter, a directive, to the thing; have they not? ground rules’’ on judicial nominations, district attorneys throughout the Mr. SESSIONS. That is exactly right. which led us into the impasse we were State of Alabama telling them that And the attorney general is an elected in last Congress—noted that there are they could only construe that statute person in Alabama. He has a right to ‘‘notorious difficulties’’ with Roe v. narrowly because it would violate, oth- comment on decisions of the Supreme Wade. Is my friend from Alabama fa- erwise, the Constitution as defined by Court. I think attorneys general and miliar with that, as well? the U.S. Supreme Court. lawyers and laymen all over the coun- Mr. SESSIONS. Yes, I am. As a matter of fact, the ACLU try do that on a daily basis. The ques- Mr. MCCONNELL. I could go on with praised him at that time in 1997 for his tion is, Will you follow it even if you a list of liberal scholars and com- directive. And, as a matter of fact, one do not agree? mentators who criticized Roe very di- of the pro-life leaders said he gutted Mr. MCCONNELL. In fact, Supreme rectly, but I think my friend from Ala- the statute. Court Justice Ruth Bader Ginsburg bama and I hope all of our colleagues Then, I say to you, Senator MCCON- criticized the Supreme Court’s ap- get the drift. NELL, a few years later, in 2000, when proach in the Roe case. I bet many of I do have just one more question for the Supreme Court ruled on the our colleagues would be surprised to the Senator from Alabama. Does he re- Stenberg case, in which they really learn that she described Roe as a member President Bush’s nomination overruled many State statutes involv- ‘‘breathtaking’’ decision whose of Michael McConnell to the Tenth Cir- ing the partial-birth abortion law, At- ‘‘[h]eavy-handed judicial intervention cuit? torney General Pryor recognized and was difficult to justify.’’ That is Ruth Mr. SESSIONS. Yes, I do. I believe he advised the district attorneys that Bader Ginsburg, who, no doubt, liked was confirmed by unanimous consent. statute was not sound and called on the the outcome in Roe, but found the deci- Mr. MCCONNELL. Unanimous con- State legislature to craft a statute con- sion, as she put it, ‘‘breathtaking’’ and sent. Out here on the Senate floor, sistent with the Supreme Court. And a ‘‘[h]eavy-handed judicial interven- passed on a voice vote. when he wrote the State officials, he tion [that] was difficult to justify.’’ Mr. SESSIONS. Yes. said that they ‘‘are obligated to obey So here was someone whose personal Mr. MCCONNELL. Although I am not [the Stenberg decision].’’ views were probably opposite of Judge on the Judiciary Committee now, I was

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6253 at the time of the McConnell nomina- up early in the morning and go to the John Paul II himself strongly opposed tion. I recall that Judge McConnell was Senate gym. And on several occasions capital punishment. Some Christian then a law professor who had criticized he has raised with me his heartfelt sup- Scientists do not support many aspects Roe frequently and at great length; is port for William Pryor. I have ex- of medical treatment. Some Quakers that correct? pressed to him my reservations and do not support war. Some people be- Mr. SESSIONS. That is correct. concerns about Mr. Pryor, and he has cause of their religious beliefs have Mr. MCCONNELL. But just like tried to assure me, in different ways, strong views on the role of women in Judge Pryor, he swore to uphold Su- that the public image of this man is society, strong views on divorce, on preme Court precedent; did he not? much different than who he really is. I sexual orientation. I can’t believe it is Mr. SESSIONS. He did. struggle with this because I do count the position of Mr. Pryor’s advocates Mr. MCCONNELL. So I want to make Senator SESSIONS as a friend despite that Senators could not raise legiti- sure I have this correct. Both Judge our many political differences. I would mate concerns about positions on pub- Pryor and Judge McConnell criticized like to give him the benefit of the lic issues if there is any nexus to a Roe v. Wade, both swore under oath doubt on this nominee who is so impor- nominee’s religious belief. they would follow Supreme Court tant to him personally. Think of all of the areas where we precedents, including those they may Unfortunately, the debate that leads would, frankly, be unable to even ask a personally disagree with, but unlike up to today’s consideration on the floor question because the person could say: Judge McConnell, who was a law pro- has raised a myriad of questions that I am sorry. That is my religious belief, fessor at the time of his nomination need to be resolved, questions which go and you can’t ask about that. and did not have the opportunity as an to the heart of this nomination. The reality is that certain important academic to enforce the law, Judge Mr. Pryor was recess-appointed by issues at the center of legal and legis- Pryor has been a public official who President Bush when both he and lative activity are public issues and re- has had the chance, on repeated occa- Judge Pickering of Mississippi were ligious issues. To suggest the Senate sions, to put his money where his not approved by the Senate. It was his- cannot ask a nominee questions about mouth was, and he has consistently fol- toric. It was a decision by the Presi- these public issues would prohibit us lowed the law? dent to use his recess appointment from fulfilling our constitutional obli- Our Democratic colleagues confirmed power to put Mr. Pryor on the bench, gation. It is not Mr. Pryor’s religious Judge McConnell by unanimous con- despite the Senate’s decision on his affiliation that is troubling. It is his sent but are vigorously objecting to nomination. I agree with Senator KEN- history of putting his own personal be- Judge Pryor; is that the case? NEDY that Mr. Pryor’s recess appoint- liefs ahead of the Constitution. He is a Mr. SESSIONS. That is the case. ment, which occurred during a brief re- staunch judicial activist. Maybe he Mr. MCCONNELL. I am puzzled. On cess of Congress, could easily be uncon- doesn’t reach the level of Janice Rog- this record, our friends’ objections to stitutional. It was certainly ers Brown, who was approved yester- Judge Pryor seem inconsistent and ar- confrontational. Recess appointments day—the most radical nominee sent to bitrary. lack the permanence and independence us by the Bush White House—but, I thank the Senator from Alabama contemplated by the Framers of the sadly, some of his public comments are for his time and remind our colleagues Constitution. To confirm Mr. Pryor close. that we have confirmed Democratic now would validate the President’s re- nominees who have had deep personal grettable decision to defy the Senate. William Pryor believes it is the job of objections to Supreme Court precedent. I am afraid that many aspects of the a Federal judge to carry out the polit- I recall we confirmed Janet Reno 98 to debate, relative to the Pryor nomina- ical agenda of the President. How else 0, even though her personal views on tion, mark a low point in Congress. could you interpret his comment about the death penalty were at odds with Many of Mr. Pryor’s supporters allege the Bush v. Gore case in 2000, when he Supreme Court precedent. We ought that those of us who questioned his said: not have a double standard. We should nomination or opposed him did so be- I’m probably the only one who wanted it 5– applaud Judge Pryor for his forthright- cause of his religious beliefs. The same 4. I wanted Governor Bush to have a full ap- ness and his commitment to the rule of ugly allegation was raised more broad- preciation of the judiciary and judicial selec- law, and we ought to confirm this dis- ly at the recent Justice Sunday event tion so we can have no more appointments tinguished nominee. which took place in a church in Ken- like Justice Souter. I also want to say to my friend from tucky and featured remarks by Major- These are the words of William Alabama, I know he probably knows ity Leader WILLIAM FRIST. The allega- Pryor. Does that suggest to you that Judge Pryor better than anybody else tion that any Member of the Senate is he is looking for a nonpartisan judici- in the Senate and has had a greater op- opposing this nomination because of ary? Sadly, it suggests the opposite. He portunity to evaluate his integrity, his the nominee’s religious beliefs is just is looking for a bench filled with par- intellect, and has really seen him in ac- wrong. In fact, it is not only wrong, it tisans of his stripe, and he used that tion. I think our colleagues ought to is outrageous. case as a lesson to the White House: Be listen to the junior Senator from Ala- Article 6 of the Constitution, which careful, if you pick someone who is bama because he really knows Bill we keep at hand here on the floor, independent, they may just rule Pryor and can attest to the fact that makes it clear that it is unconstitu- against you on a political issue. Those Bill Pryor took actions much like tional to use any form of religious test are hardly the kind of words you want Judge Pickering did in the 1960s, to for a person who is seeking an office of coming from the mouth of a man who which Senator ALEXANDER was refer- public trust. To suggest that those of wants to ascend to the second highest ring, that took extraordinary courage us who oppose Mr. Pryor—or any of the court in America. given the climate of public opinion in President’s judicial nominees—are vio- On another occasion, Mr. Pryor stat- the State of Alabama. lating this article of the Constitution ed: Mr. SESSIONS. I thank the Senator. is out of line. I am troubled, too, by the logic of [O]ur real last hope for federalism is the The PRESIDING OFFICER. The 30- election of Gov. George W. Bush as president minute segment has expired. this position. It appears that Mr. Pry- of the United States, who has said his favor- The Senator from Illinois. or’s supporters believe that if he can ite justices are Antonin Scalia and Clarence Mr. DURBIN. Mr. President, today answer any of our questions about pub- Thomas. the Senate is considering the nomina- lic policy, if the position he takes is Although the ACLU would argue that it is tion of William Pryor for the U.S. based on his religious belief, then at unconstitutional for me, as a public official, Court of Appeals for the Eleventh Cir- that point we can’t pursue the ques- to do this in a government building, let cuit. This is a nomination which I have tion, that it is a matter of his personal alone at a football game, I will end my pray- considered many times in the Senate conscience. But think about that for a er for the next administration: Please God, Judiciary Committee and outside the moment. I am a member of the Catho- no more Souters. regular business of Congress. Senator lic Church. Some Catholics do not sup- He was referring again to Justice JEFF SESSIONS and I occasionally get port the death penalty. The late Pope Souter on the Supreme Court. I asked

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6254 CONGRESSIONAL RECORD — SENATE June 9, 2005 Mr. Pryor, a Federalist Society mem- Mr. Pryor’s advocates call him a years ago as a college student. Mr. ber, whether he agrees with the mis- ‘‘profile in courage’’ for enforcing the Pryor said this at his own confirmation sion statement of the Federalist Soci- Eleventh Circuit decision that the hearing. ety, where he pays his dues and attends monument must be removed from the Understand the constitutional prin- meetings. It reads: Alabama State courthouse. I call it ciple that underlies Roe v. Wade. I Law schools and the legal profession are doing your job. know abortion is an issue that is very currently strongly dominated by a form of Let me provide another example of divisive. People feel very strongly one orthodox liberal ideology which advocates a his insensitivity. At Mr. Pryor’s con- way or the other. But most people con- centralized and uniform society. firmation hearing, Senator FEINSTEIN cede that underlying that Roe v. Wade I have asked this question of almost asked him to explain his statement decision is the right to privacy, a right every Federalist Society member nom- that ‘‘[t]he challenge of the next mil- which was enshrined in the Supreme inated by President Bush, and there lennium will be to preserve the Amer- Court case of Griswold v. Connecticut have been quite a few. Mr. Pryor is the ican experiment by restoring its Chris- 40 years ago this week. only person who gave me a one-word tian perspective.’’ He ducked the ques- The State of Connecticut, urged by answer: ‘‘Yes.’’ tion. religious groups, had banned the sale of I appreciate his honesty, but I am If you are going to serve this Nation contraceptives and family planning to troubled by his beliefs. Mr. Pryor is and its Constitution, you have to have anyone in the State of Connecticut. If just over 40 years old. If confirmed, he some sensitivity to the diversity of re- you purchased any family planning—a will have the chance to put this philos- ligious belief in America. Many of us birth control pill, for example—it was a ophy into practice well into the 21st are Christians. But to impose a so- violation of the law, and the phar- century with a lifetime appointment. called Christian perspective on every- macist who filled that prescription It is not just law and politics that thing is to, frankly, take a position could be arrested and prosecuted. Mr. Pryor has problems keeping sepa- which many of different religious Think about it. Only 40 years ago rate. He has problems with the separa- faiths would find offensive and intru- that was the case. There was a group tion of church and State. I am con- sive by their Government. who believed that their religious be- cerned about his blurring of a very im- Our Founders may have been mostly liefs were so compelling about birth portant line when it comes to the con- Christian, but America today is a na- control that they installed it as a duct of government vis-a-vis religion. tion of religious diversity and this di- State law. He is so ideological about this issue versity is protected by the Constitu- The law was challenged. It came be- that he has confessed: tion. Judge Pryor has difficulty in fore the Supreme Court. The Supreme I became a lawyer because I wanted to grasping this concept. Court came down with what has now fight the ACLU. On the issue of federalism, Mr. Pryor become a time-honored decision that The ACLU is one of the main defend- has been a predictable, reliable voice said, no, built into this Constitution ers of the separation of church and for those who seek to limit the people’s there may not be the word ‘‘privacy,’’ State. I asked Mr. Pryor if he would be rights in the name of States’ rights. It but the concept of privacy. There are willing to recuse himself in cases in- is an old ploy in America. As the Ala- certain things that we, as individuals, volving the ACLU because he has made bama Attorney General, he filed brief should be protected to make decisions his views very clear that he cannot be after brief with the U.S. Supreme about—the intimacy of marriage, the objective. He said no. But he pledged: Court arguing that Congress has vir- privacy of our personal life. As a judge, I would fairly evaluate any tually no power to protect State em- What I hear in the language of Mr. case brought before me in which the ACLU ployees who are victims of discrimina- Pryor, and many others of his point of was involved. tion. Under his leadership, Alabama view, is really questioning this funda- It is hard to believe that he could fol- was the only State in the Nation to mental concept of protecting indi- low that pledge. This is a man who, by challenge the constitutionality of parts vidual, personal privacy. It is their be- his own admission, became a lawyer so of the Violence Against Women Act. lief, many of them, that the Govern- that he could ‘‘fight the ACLU.’’ Now Thirty-six States filed briefs urging ment should rule on these decisions. he tells us he will be objective on their this important law be upheld in its en- On the issue of voting rights, Mr. cases. tirety, while William Pryor, attorney Pryor has urged Congress to take steps Many of you remember Alabama general of Alabama, was the only one that would undermine the right of Afri- Chief Justice Roy Moore and his mid- who used his position to try to tear can Americans to vote. While testi- night installation a few years ago of a down the Violence Against Women Act. fying before the Judiciary Committee 6,000-pound granite Ten Command- Mr. Pryor also filed a brief in the Su- in 1997, he urged Congress to ‘‘consider ments monument in the middle of the preme Court case Nevada v. Hibbs. In seriously . . . the repeal or amendment Alabama State courthouse. Mr. Pryor it, he argued that Congress has no of section 5 of the Voting Rights Act.’’ and his supporters like to point out power to ensure that State employees This is a key provision that guarantees that Mr. Pryor criticized Chief Justice have the right to take unpaid leave the right of African Americans and Moore for defying a Federal court order from work under the Family Medical other racial minorities to achieve to remove the monument. What they Leave Act. Think about it. Mr. Pryor, equal opportunity in voting. don’t like to talk about nearly as much as Alabama attorney general, said Con- Section 5 requires certain States to or nearly as openly is the fact that Mr. gress had no power to enforce a Federal obtain preapproval before changing Pryor was an early supporter of Chief law. their voting rights standards, such as Justice Roy Moore. He represented The Supreme Court rejected his argu- redistricting or the location of polling Moore vigorously in the litigation of ment and said: Mr. Pryor, this time places. It is clearly a vestige of Amer- this issue. you have gone too far. ica in transition from racial division The Eleventh Circuit ruled that the On the issue of women’s rights, he and discrimination to a more open, display was patently unconstitutional, clearly opposes a woman’s right to equal policy. and a district court subsequently choose. He once called Roe v. Wade Mr. Pryor, as attorney general of issued an injunction to have the monu- ‘‘the worst abomination of constitu- Alabama, raised questions as to wheth- ment removed. Had Mr. Pryor contin- tional law in our history.’’ At Mr. Pry- er or not the Federal Government ued to side with Moore and refused to or’s hearing, Senator SPECTER asked should continue to try to meet that comply with this injunction, he would him if he stood by his statement. He standard. I strongly disagree with that have exposed the State of Alabama to said he did. He went on to say that Roe sentiment. He called section 5 ‘‘an af- substantial monetary sanctions and v. Wade is ‘‘unsupported by the test front to federalism and an expensive possible criminal liability. This is what and structure of the Constitution’’ and burden that has far outlived its useful- Mr. Pryor and his supporters offer as ‘‘has led to the slaughter of millions of ness.’’ proof that he understands and respects innocent unborn children.’’ I say to Mr. Pryor and others who are the venerated, historic, and traditional We are not talking about a nominee white Americans that we cannot pos- wall between church and State. who made an overheated statement 30 sibly understand how much this means,

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6255 what it means to an individual to have ment on the second amendment right We should take care and understand the right to vote, particularly a person to keep and bear arms.’’ what the Constitution says very di- of color, a minority in America, and I will stand here and defend to the rectly about religion. There are three section 5 is there to guarantee it. end the right of an individual to own a references, and the three references As attorney general of Alabama, Mr. firearm legally in America, to use it have really done a good job for Amer- Pryor testified that it had outlived its for legitimate purposes—for self-de- ica in over 200 years. The first is each usefulness. I disagree with his senti- fense, for hunting, for sport—but to person is entitled to his or her reli- ment. Thankfully, so did the Supreme think Mr. Pryor believes the second gious beliefs. Believe what you want to Court and most Members of Congress. amendment right is so absolute that believe in the name of religion or do There are so many other issues. To- we should give guns to men who batter not believe anything. That is your bacco is another one. When it comes to their wives, I just do not understand it. right, your freedom of conscience to tobacco, Mr. Pryor has been one of the It does not show common sense, let make that decision. Nation’s foremost opponents of a crit- alone an understanding of the law. Secondly, this Government will not ical public health issue—compensation Incidentally, he was the only attor- establish a church. We are not going to for the harms caused by tobacco com- ney general in the United States of say this is a Christian nation and ev- panies. He has ridiculed lawsuits America who took that position. erything we do will be handled by the against tobacco companies saying: Mr. Pryor once called those who ex- standards of Christ’s teachings. We This form of litigation is madness. It is a ercised their legal rights against gun cannot do that under our Constitution. threat to human liberty, and it needs to dealers and manufacturers ‘‘leftist We should not do that because of diver- stop. bounty hunters.’’ The list goes on and sity of religious belief. Remember, those are the lawsuits on. Finally, that there be no religious against tobacco companies that had On environmental protection, Mr. test under the Constitution for anyone openly deceived Americans into believ- Pryor was the only State attorney gen- seeking office, as I mentioned earlier. ing their product was safe, leading to eral in the country to file a brief with I think we have to be careful here addictions, disease, and death. And the U.S. Supreme Court arguing that about the use of religion in the debate when lawsuits were brought by attor- the Constitution does not give Con- about William Pryor and careful about neys general across America against gress the authority to protect waters it as we speak on the floor. It is not the tobacco companies, they settled, that provide a habitat for migratory Mr. Pryor’s ideas about religion that knowing they would lose in court, and birds. trouble me. It is his views and record paid billions of dollars, confessing, in In another case, he was the only on women’s right, voting rights, in- the process, their own wrongdoing. State attorney general to file a brief mates’ rights, consumers rights, the Despite that, Attorney General urging the Supreme Court to declare constitutional principle of separation Pryor, in Alabama, said this was a unconstitutional Federal efforts to proof church and State. Time and again, threat to human liberty to bring these tect wildlife on private lands under the as Alabama attorney general, Mr. lawsuits against tobacco companies. Endangered Species Act. Pryor has taken extreme positions, What was he thinking? He has written that his ‘‘favorite vic- made extreme statements on such a His fellow State attorneys general tory of the 2000 term’’ was the Supreme wide range of issues that the 25 to 30 have been highly critical of him for his Court ruling in Alexander v. Sandoval, minutes I have spoken here cannot pos- comments on these tobacco lawsuits. an infamous decision that made it sibly cover it. Former Mississippi Attorney General more difficult to bring environmental He and his supporters say he will be Michael Moore said: justice cases under title VI of the Civil a changed person. He will go through Bill Pryor was probably the biggest de- Rights Act. the so-called confirmation conversion. fender of tobacco companies of anyone I Judge Pryor has served as a recess This will be the new William Pryor. know. He did a better job of defending the to- appointment on the Eleventh Circuit Sadly, I believe, given a lifetime ap- bacco companies than their own defense at- for about a year now. Senator SPECTER, pointment, he will revert to form. He torneys. chairman of the Judiciary Committee, will follow the pattern of his life, the Former Arizona Attorney General whom I respect very much, has now pattern of his statements, and the pat- Grant Woods, a Republican, said this of tried to make the case that he would tern of his beliefs. Mr. Pryor: be a moderate, fairminded judge based Based on review of his record, it is a He’s been attorney general for about 5 min- on 1 year of service, under the glare of risk I cannot, in good conscience, take, utes, and already he’s acted more poorly spotlights, as people watched every de- and I will vote against Mr. Pryor’s than any other attorney general. cision handed down. He suggests he is nomination. These are his colleagues commenting going to change, he is not going to be BIG TOBACCO on his view of the law and his personal the old William Pryor, if we give him Mr. DURBIN. Mr. President, on a sep- philosophy. an appointment to the Eleventh Cir- arate subject, there was a decision Gun control is another issue where cuit. He will be less political. Chair- reached this week by the Department Mr. Pryor has demonstrated disregard, man SPECTER said he will be less of an of Justice which was very troubling. A if not downright hostility, to even rea- activist. lawyer sold out his client. It happens sonable firearm restrictions. I am not persuaded. He has not really all the time. It is wrong, but it hap- In United States v. Emerson, he filed had an opportunity to rule on the full pens. What makes this case unique is an amicus brief with the Supreme spectrum of issues he will face in a life- the lawyer is the Attorney General and Court, arguing the man who was the time on the bench. the client is the people of America. In subject of a domestic violence restrain- There have been only so many cases a lawsuit that had been brought ing order should be allowed to possess which he has considered. Some you can against the tobacco companies, there a firearm. consider liberal in his decisionmaking, was expert testimony to the fact these I can tell you, from my life experi- some conservative, but to take this 1 tobacco companies should pay up to ence and legal experience, that is a year of a probationary period, with this $130 billion over 25 years for lying to very bad position to take. We know close scrutiny, and say that is what he the American people and for all the that if someone has a restraining order is all about, I think is to overstate the medical expenses their deadly product against them because they are going to case. created. A similar lawsuit was brought commit domestic violence, the last Mr. Pryor and his supporters have a by the States not that long ago. So the thing we want to give them is a gun. simple strategy to try to convince the Department of Justice, slow to begin That is what the case is about. Mr. Senate to grant him a lifetime position this process, was taking the tobacco Pryor in that case said, no, they have as a Federal judge. Rather than talk companies to court. a right to have a firearm, even if they about his troubling record or radical Then, out of the blue, came the fol- have a domestic abuse restraining views, they focus on his religious affili- lowing, and this was reported in the order against them. ation and accuse anyone who questions press: He called the Government’s position him of religious discrimination. I think After 8 months of courtroom argument, a ‘‘sweeping and arbitrary infringe- that is wrong. Justice Department lawyers abruptly upset a

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6256 CONGRESSIONAL RECORD — SENATE June 9, 2005 landmark civil racketeering case against the bacco lawyer who was trying to put important State issues. During his ten- tobacco industry yesterday by asking for some credibility into the new position ure as Attorney General, it was his less than 8 percent of the expected penalty. of the Bush administration by saying duty and obligation to represent and Suing for $130 billion, the lawyer for that was not true. defend the laws and interests of the the people of the United States walked So what is the reason? Sadly, it is be- State of Alabama. And while he may into the courtroom this week and said: cause there is too much political im- not have always agreed with those Oh, we just want $10 billion. The story pact by the tobacco lobby on this ad- laws, he consistently fulfilled his re- goes that this Justice Department law- ministration, particularly on Associate sponsibility dutifully and responsibly. yer, Stephen Brody, even shocked the Attorney General Robert McCallum, Long before being nominated to the tobacco company representatives by Jr. Eleventh Circuit, Judge Pryor made it announcing that he only needed $10 bil- Who is he? This is what the L.A. a priority to be open and honest about lion over 5 years. The Government’s Times said about him: his personal beliefs, which is what vot- own expert said $130 billion over 25 Before his appointment in the Justice De- ers expect from the persons whom they years. What a discount. Here is the partment . . . he had been a partner at Al- elect to represent them. Yet he has lead from the story: ston & Bird, an Atlanta-based firm that had shown again and again that when the Government lawyers asked two of their done trademark and patent work for R. J. law conflicts with his personal and po- Reynolds Tobacco. In 2002, McCallum signed own witnesses to soften recommendations litical beliefs, he follows the law as ar- about sanctions that should be imposed on a friend-of-the-court brief by the administration urging the Supreme Court not to con- ticulated by the Constitution and the the tobacco industry if it lost a landmark Supreme Court. civil racketeering case, one of the witnesses sider an appeal by the Government of Canada and sources familiar with the case said yes- to reinstate a cigarette smuggling case Despite his detractors, I believe it is terday. against R. J. Reynolds that had been dis- important to note that actions speak missed. The Department’s ethics office had louder than words, and certainly, Matt Myers, a person I know and cleared McCallum to take part in the case. worked with in the past, said he was Judge Pryor’s actions since joining the Let me point out, in fairness to Mr. asked to basically change his testi- Eleventh Circuit speak volumes about McCallum, that he is not the only mony to lighten up on the tobacco his fairness and impartiality. During friend of the tobacco industry in the companies. He confirmed in this arti- his brief tenure on the Court, Judge Bush administration. There are many. cle. The second witness declined com- Pryor has authored several opinions Does this have something to do with that effectively demonstrate his will- ment, but four separate sources famil- the surprise announcement yesterday iar with the case said the Justice De- ingness to protect the rights of those that the Justice Department was sell- often overlooked in the legal system. partment asked the same of him. ing out its client, the American people, By the time the Government opened In light of all of the information that those addicted to tobacco? That is why its racketeering case against tobacco has been presented here today, I be- Senators LAUTENBERG, KENNEDY, companies last September, it had al- lieve that we must confirm Judge WYDEN, and I have sent a letter to the ready spent $135 million to develop its Pryor. Bill Pryor is a man of the law inspector general of the Justice De- case. Why, at the 11th hour, would the and that is what we need in our Fed- partment, asking him to investigate Government’s own lawyers, the peo- eral judiciary. Whether as a pros- this reversal of position by the Attor- ple’s own lawyers, fold under the pres- ecutor, a defense attorney, the Attor- ney General. ney General of the State of Alabama, sure of the tobacco companies and give Just why in the world has the Attor- away so much potential recovery for or a Federal judge, he understands and ney General of the United States respects the constitutional role of the the taxpayers of America? thrown in the towel, given up, when he Why would they ignore the advice of judiciary and specifically, the role of was supposed to be fighting for people their own expert witness to seek a pen- the Federal courts in our legal system. across America who need this public alty of $130 billion and reduce their de- Indeed, I have no doubt that he will health assistance? make an exceptional Federal judge be- mand to $10 billion over 5 years? I think that is a critical and unan- Even the lawyer for Philip Morris to- cause of the humility and gravity that swered question, which I hope the in- bacco company coordinating the case he brings to the bench. I am also con- spector general will address. fident that he will serve honorably and said as follows: I yield the floor and I suggest the ab- They’ve gone down— apply the law with impartiality and sence of a quorum. fairness—just as he has done during his Meaning the Government, your law- The PRESIDING OFFICER. The brief tenure on the Eleventh Circuit. yer, the attorney— clerk will call the roll. I again encourage my colleagues to from $130 billion to $10 billion with abso- The legislative clerk proceeded to support Judge Pryor’s nomination be- lutely no explanation. It’s clear the Govern- call the roll. cause I believe it is what is right for ment hasn’t thought through what it’s Mr. SHELBY. Mr. President, I ask our people, and it is what is right for doing. unanimous consent the order for the our country. End of quote from Dan Webb, the quorum call be rescinded. lawyer from the tobacco company, who The PRESIDING OFFICER. Without I suggest the absence of a quorum. could not believe what he had heard objection, it is so ordered. The PRESIDING OFFICER. The when the Department of Justice Mr. SHELBY. Mr. President, I rise clerk will call the roll. walked into the courtroom and said: today to express my strong support for The legislative clerk proceeded to We are going to deeply discount the the nomination of Bill Pryor, to serve call the roll. amount we are trying to recover. on the United States Court of Appeals Mr. CHAMBLISS. Mr. President, I Why is this money important? There for the Eleventh Circuit. ask unanimous consent the order for are 45 million smokers in America. I have known Bill for many years and the quorum call be rescinded. Many of them want to quit. The money have the highest regard for his intel- The PRESIDING OFFICER. Without was going to be used for cessation pro- lect and integrity. He is an extraor- objection, it is so ordered. grams, reducing disease and death in dinarily skilled attorney with a pres- Mr. CHAMBLISS. Mr. President, I America, and the Bush administration tigious record of trying civil and crimi- rise today in support of the nomination walked away from it, walked away nal cases in both the Federal and State of Judge William Pryor to the Eleventh from the vast amount already estab- courts. He has also argued several Circuit Court of Appeals. lished in court as the amount nec- cases before both the Supreme Court of I would like to respond to the accusa- essary to move these programs for- the United States and the supreme tions by some of my colleagues con- ward. court of the State of Alabama. cerning Bill Pryor’s comments related In court yesterday, a Philip Morris As the Attorney General of the State to Section 5 of the Voting Rights Act. lawyer tried to explain away the re- of Alabama, Judge Pryor established a Judge Pryor has an outstanding record duced fine by claiming that the Gov- reputation as a principled and effective on civil rights and a demonstrated ernment’s case was in disarray. The legal advocate for the State and distin- commitment to seeking equal justice judge in the case interrupted the to- guished himself as a leader on many for persons of all races.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6257 Nevertheless, some of my colleagues DEPARTMENT OF LAW, court found that Georgia’s plan vio- on the other side have tried to charac- Atlanta, GA, March 31, 2003. lated Section 5. terize Bill Pryor as ‘‘out of the main- Hon. RICHARD SHELBY, During the litigation in the district U.S. Senate, Hart Senate Office Building, stream’’ because, as you have heard, he court, Congressman JOHN LEWIS, a hero Washington, DC. has called for the amendment of Sec- of the civil rights movement, testified Hon. JEFF SESSIONS, tion 5 of the Voting Rights Act. U.S. Senate, Russell Senate Office Building, on behalf of the State of Georgia in Judge Pryor is not out of the main- Washington, DC. support of the plan, noting that Geor- stream on this issue, and I’ll explain DEAR SENATORS: I have had the great gia: why. pleasure of knowing and working with Bill is not the same state it was. It’s not the After you hear who agrees with Pryor over the past five years. Through the same state that it was in 1965 or in 1975, or Judge Pryor on his reasoning here, I National Association of Attorneys General, even in 1980 or 1990. We have changed. We’ve think you will agree with me that if Bill and I have worked together on matters come a great distance. Bill Pryor is ‘‘out of the mainstream’’ of mutual concern to Georgia and Alabama. During that time, Bill has distinguished JOHN LEWIS knows that thoughtful on his critiques of Section 5 of the Vot- review of Section 5 could be of some ing Rights Act, he’s ‘‘out there’’ with himself time and again with the legal acumen that he brings to issues of national or benefit. some great Americans. regional concern as well as with his commit- According to the New York Times, First, let me explain what Section 5 ment to furthering the prospects of good and Georgia’s plan, pushed by both ‘‘white of the Voting Rights Act is about. Sec- responsive government. and black Democrats,’’ represented an tion 5 requires any ‘‘covered States’’— During his tenure as Attorney General, attempt: States that are subject to the Voting Bill has made combating white-collar crime Rights Act—to pre-clear any decision and public corruption one of the centerpieces to reverse [a] trend in Georgia and elsewhere by redistributing some of the black voters to change ‘‘any voting qualification or of his service to the people of Alabama. He joined the efforts of Attorneys General and re-integrating suburban districts to gain prerequisite to voting, or standard, a better chance of electing Democrats. practice, or procedure with respect to around the country in fighting the rising tide of identity theft, pushing through legis- That is a quote from a New York voting.’’ The Supreme Court in Allen v. State lation in the Alabama legislature making Times article of January 18, 2003 at identity theft a felony in Alabama. Bill has A12. Board of Elections has made it clear fought to keep law enforcement in Alabama that the: The New York Times further notes armed with appropriate laws to protect Ala- that Georgia currently has: legislative history on the whole supports the bama’s citizens, pushing for tough money view that Congress intended to reach any laundering provisions and stiff penalties for some safe Democratic districts with large State enactment which altered the election trafficking in date rape drugs. black majorities, along with a sharply in- law of a covered State in even a minor way. Time and again as Attorney General, Bill creased number of Republicans elected from In practice, this means that Section 5 has taken on public corruption cases in Ala- suburban districts that had become increas- requires Federal officials at the De- bama, regardless of how well-connected the ingly white. partment of Justice to approve even defendant may be, to ensure that the public In his brief in Georgia v. Ashcroft, very minor practices related to voting. trust is upheld and the public’s confidence in Georgia Attorney General Thurbert For example, if a State moved a poll- government is well-founded. He has worked Baker cited his own election as an ex- with industry groups and the Better Business ample of how African-American can- ing place from one side of a street to Bureau to crack down on unscrupulous con- another, this action would have to be tractors who victimized many of Alabama’s didates can take ‘‘the overwhelming pre-cleared by the Justice Department more vulnerable citizens. majority of the total vote against their pursuant to Section 5. From the time that he clerked with the white opponents’’ without the benefit Bill Pryor has called the Voting late Judge Wisdom of the 5th Circuit to the of supermajority districts. Rights Act ‘‘one of the greatest and present, though, the most critical asset that The Federal Government opposed most necessary laws in American his- Bill Pryor has brought to the practice of law Georgia’s plan on the ground that Sec- tory,’’ but he has taken to task Federal is his zeal to do what he thinks is right. He tion 5 does not give Georgia the power has always done what he thought was best courts that have ‘‘turned the Act on its to eliminate supermajority minority head and wielded . . . power to deprive for the people of Alabama. Recognizing a wrong that had gone on far too long, he took legislative districts, even in the name all voters of the right to select . . . the opportunity of his inaugural address to of increasing overall minority voting public officers,’’ even though the Act call on an end to the ban on inter-racial mar- power. ‘‘was passed to empower minority vot- riages in Alabama law. Concerned about at- Section 5 has not only placed a bur- ers in the exercise of the franchise.’’ risk kids in Alabama schools, he formed den on covered States, but also on the As Alabama Attorney General, Bill Mentor Alabama, a program designed to pair Justice Department, which has wasted Pryor was by no means alone in his volunteer mentors with students who needed time by being forced to pre-clear a criticisms of the Section 5 of the Vot- a role model and an attentive ear to the problems facing them on a daily basis. huge number of changes in voting prac- ing Rights Act. tices that have nothing to do with mi- In a brief before the Supreme Court These are just a few of the qualities that I nority voting rights. in the case of Georgia v. Ashcroft, believe will make Bill Pryor an excellent candidate for a slot on the 11th Circuit Court Section 5 requires covered states to Thurbert Baker, our State Attorney of Appeals. My only regret is that I will no pre-clear any decision to change: General in Georgia, who himself is a longer have Bill as a fellow Attorney General any voting qualification or prerequisite to Democrat and African-American, fighting for what is right, but I know that called Section 5 an ‘‘extraordinary voting, or standard, practice, or procedure his work on the bench will continue to serve with respect to voting. transgression of the normal preroga- as an example of how the public trust should tives of the states’’ and ‘‘a grave intru- be upheld. Again, the Supreme Court has made sion into the authority of the states.’’ Sincerely, it clear that the: General Baker also stated that: THURBERT E. BAKER. legislative history on the whole supports the Section 5 was initially enacted as a ‘‘tem- Mr. CHAMBLISS. General Baker goes view that Congress intended to reach any porary’’ measure to last five years precisely on in his letter to my colleagues from state enactment which altered the election because it was so intrusive. Alabama to say: law of a covered State in even a minor way.’’ Mr. President, I ask unanimous con- My only regret is that I will no longer have That statement is included in Allen v. sent to have a copy of a letter that Bill as a fellow Attorney General fighting for State Board of Elections, 393 U.S. 544, 566. General Baker wrote back in 2003 to what is right, but I know that his work on For example, if a State moved a poll- Senators SHELBY and SESSIONS of Ala- the bench will continue to serve as an exam- ing place from one side of a street to bama, in which General Baker de- ple of how the public trust should be upheld. another, this action would have to be scribes Bill Pryor as ‘‘an excellent can- Judge Pryor’s concerns about Sec- pre-cleared by the Justice Department didate for a slot on the 11th Circuit tion 5 have been borne out in Georgia, pursuant to section 5, which indicates Court of Appeals,’’ printed in the where the State appealed to the Su- that ‘‘any change in the boundaries of RECORD. preme Court in Georgia v. Ashcroft to voting precincts or in the location of There being no objection, the mate- have a recent redistricting plan ap- polling places’’ requires pre-clearance. rial was ordered to be printed in the proved following the 2000 decennial Another great American, the late RECORD, as follows: census, and after a Federal district U.S. Supreme Court Justice Lewis

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6258 CONGRESSIONAL RECORD — SENATE June 9, 2005 Powell also criticized section 5 of the my fellow Georgians, John Lewis and plead with the President and my col- Act. Thurbert Baker, have expressed con- leagues to look to the future. Look to President Clinton has called Justice cerns with Section 5 of the Voting a future where harmony can replace Powell ‘‘one of our most thoughtful Rights Act, just as Bill Pryor did and acrimony in the Senate, where biparti- and conscientious judges’’ and a Jus- just as the late Justice Lewis Powell sanship can replace one-upmanship, tice who reviewed cases ‘‘without an did. and where discourse can replace dema- ideological agenda.’’ This is not out-of-the-mainstream goguery. How can that be done? It is In 1973, in another case styled as thinking; it’s thoughtful and sincere very simple. The President can, as he Georgia v. United States, Justice Pow- analysis. said he would in a recent press con- ell wrote in a dissenting opinion that: Even the liberal New York Times had ference, consult meaningfully with It is indeed a serious intrusion, incompatible to concede as much in its comments re- Senators before trying to jam extreme with the basic structure of our system, for garding Georgia’s redistricting plan. nominees down our throats. federal authorities to compel a state to sub- Bill Pryor’s nomination to the Elev- The renomination of Bill Pryor was mit its [reapportionment] legislation for ad- enth Circuit enjoys strong bipartisan the most breathtaking example of the vance review [under section 5]. support in his home State of Alabama, President’s ignoring checks and bal- The most important point I would and in my home State, which is also ances and bypassing the Senate’s role like to stress is that despite Mr. Pry- part of the Eleventh Circuit. in the nomination and confirmation or’s well-documented concerns about A month ago, I visited with a number process. The President stuck a thumb Section 5 of the Voting Rights Act, he of my district court judges, all of in the eye of bipartisanship when he re- has vigorously enforced all provisions whom said that in their contact with nominated people like Janice Rogers of the Act. the Eleventh Circuit Court of Appeals, Brown, Priscilla Owen, and Richard Let me give you two examples. First, they had nothing but great things to Myers after they were rejected by the when Alabama state legislator J.E. say about the job Bill Pryor is doing as Senate. Turner died and the new candidate an interim appointee to the Eleventh But the President did not get his way wanted to use stickers to place his Circuit. I urge my colleagues to vote in with William Pryor, and then he took name on the ballot, Attorney General favor of his confirmation today. the truly extraordinary step of making Pryor issued an opinion stating that The PRESIDING OFFICER. The Sen- a recess appointment. While the re- the use of stickers required pre-clear- ator from New York. nomination of rejected judges was a ance under Section 5 of the Act. Cer- Mr. SCHUMER. Mr. President, I am thumb in the eye to bipartisanship, the tainly this illustrates that Bill Pryor here to speak on the nomination of recent appointment of Bill Pryor was a was able to separate his personal dis- William Pryor to the Eleventh Circuit. punch in the face. This was particu- agreement with the requirements of Bill Pryor’s nomination is the last of larly outrageous because not only is Section 5 from his duty as Alabama’s the three covered by the deal worked Bill Pryor one of the most ideologi- Attorney General to enforce the provi- out by 14 of our colleagues to avoid cally driven nominees we have ever sion despite his personal views. meltdown in the Senate. seen but also because there were ques- A second example involved Mr. Pry- Yesterday was the vote on Janice tions about his credibility with the or’s successful defense of several ma- Rogers Brown. It was a sad vote. Not a committee, and there was an unfin- jority-minority voting districts, ap- single Republican Senator broke with ished investigation regarding the Re- proved under Section 5, from a chal- his or her party to vote against a nomi- publican Attorney General Association lenge by a group of white Alabama vot- nee whom even the National Review, that he founded. ers in the Sinkfield v. Kelley case. The George Will, and others singled out for It is not enough for him or any other voters, who were residents of various her judicial activism and radicalism. It nominee to simply say: I will follow majority-white voting districts, sued showed again that the other side is the law. His views are too well known. the State of Alabama in Federal court, willing to march in almost total lock- His record is clear about how he will claiming that Alabama’s voting dis- step with the President. If they had vote as a judge. We all know that judg- tricts were the product of unconstitu- their way, the Senate would be a coming is not a rote process. We all know tional racial gerrymandering. plete rubberstamp for any nominee the our own individual values and thoughts The districts were created under a President proposes—totally against influence how we interpret the law. If state plan whose acknowledged purpose what the Founding Fathers intended it were just by rote, we would have was the maximization of the number of this Senate to be. computers on the bench instead of men majority-minority districts in Ala- The count is 2,921 to 2. Out of almost and women in black robes. There is a bama. Attorney General Pryor person- 3,000 votes on appellate court nomi- degree of subjectivity, especially in ally defended the majority-minority nees, 44 in all, only twice have Repub- close cases and controversies on hot- districts all the way to the U.S. Su- lican Senators dared to deviate from button issues. It is hard to believe that preme Court, which held that the white the party line. Is that the kind of inde- the incredibly strong ideological bent voters could not sue because they did pendent thinking that an up-or-down of this nominee will not have an im- not reside in the majority-minority vote entails? It is a sad day, indeed. pact on how he rules. district and had not personally been For sure, Janice Rogers Brown’s views As my colleagues know, I have no lit- denied equal treatment. do not mirror those of most of my col- mus test when it comes to nominees. I When some of these provisions of the leagues or even come close. am sure most of this President’s judi- Voting Rights Act are up for renewal, In a moment, I will go through all cial nominees have been pro-life, but I we should review and consider them in the reasons I am opposed to Judge Pry- voted for so many of them because I a very deliberative, bipartisan manner or’s nomination and all the things he have been persuaded they are com- to make sure that the law today re- said with which I strongly disagree. mitted to upholding the rule of law. I, flects the realities of our society here Here is one I agree with. In his testi- for one, believe a judge can be pro-life in the 21st Century. mony before the Senate in 1997, Judge and yet be fair and balanced and up- Thurbert Baker and Bill Pryor, as at- Pryor told Senators, ‘‘Your role of ad- hold the woman’s right to choose. But torneys general of two neighboring vice and consent in judicial nominees for a judge to set aside his or her own states in the South, know this to be cannot be overstated.’’ On this point, personal views, the commitment to the the case one is African-American and Judge Pryor and I see eye to eye. rule of law must clearly supersede his one is white; one is a Democrat and the As we await a slew of new nomina- or her personal agenda. That is a trick other is a Republican, but together tions from the President, as we await some can pull off. Not everybody can. they share a vision of making the vot- the possible retirement of a Supreme Let’s take a moment to review some ing rights laws of our country effective Court Justice, and as we vote on the of the more radical remarks William and enforceable in today’s times. current nominees in the wake of an Pryor has made and some of the more To sum up, Bill Pryor has established agreement that specifically urged polemical positions he has taken. On an impressive record as a fair, diligent, President Bush to consult the Senate criminal justice issues, I tend to be and competent public servant. Two of in advance of nominations, I again conservative. I tend to agree with most

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6259 of my Republican colleagues. But there taking remedies to deal with women whether from the left or the right, do are lines which should not be crossed. who are so beaten makes no sense to not belong on courts of appeals. William Pryor defended his State’s me. I will suggest that you do not need to practice of handcuffing prisoners to In commenting on that law, Pryor take my word for it. Here is what hitching posts in the hot Alabama Sun said: Grant Woods, the former attorney gen- for 7 hours without even giving them a One wonders why [VAWA] enjoys such po- eral of Arizona, and a conservative Re- drop of water to drink, and then he litical support, especially in the Congress. publican, said of Mr. Pryor: While I criticized the Supreme Court—hardly a One wonders why it enjoys such sup- would have great question of whether liberal court—when it held this prac- port when, for the first time, we in Mr. Pryor has an ability to be non- tice violated the eighth amendment Washington, hailed by Republicans and partisan, I would say he was probably ban on cruel and unusual punishment. Democrats, started trying to help the most doctrinaire and partisan at- We do have standards. We are not a me- women who were beaten by their hus- torney general I have dealt with in 8 dieval society, even for those of us who bands? When they used to go to certain years. So I think people would be wise believe in tough punishment. What police stations, they were told—not out to question whether or not he is the Pryor did, he goes far, too far, to say of malice but out of ignorance—go right person to be nonpartisan on the the least. In criticizing the Supreme home, it is a family matter; whose chil- bench. Court’s decision, he accused the Jus- dren had watched them be hit? And he I could not have said it better myself. tices of applying their own subjective cannot understand why it enjoys such Mr. President, I yield the floor. views on appropriate methods of prison political support? He is not the kind of The PRESIDING OFFICER (Mr. discipline. The Supreme Court, which I man I want on the court of appeals. CHAMBLISS). The Senator from Iowa. believe was unanimous—or maybe 8 to How about child welfare? Bill Pryor’s Mr. HARKIN. Mr. President, I am 1—in rejecting William Pryor’s view, ardent support of States rights extends here to speak again, as so many before was far more appropriate than he was. even to the realm of child welfare. At me, on the nomination of William He also called the Supreme Court’s the same time he was conceding that Pryor to the Eleventh Circuit Court of decision in Miranda—something that is Alabama had failed to fulfill the re- Appeals. part of judicially accepted law—one of quirements of a Federal consent decree Now, we have heard many concerns the worst examples of judicial activ- regarding the operation of a child’s and complaints about Mr. Pryor. We ism. welfare system, he was demanding his have heard that Mr. Pryor cost his He has vigorously opposed the ex- State be let out of the deal. State millions of dollars when he re- emption of retarded defendants from On environment, we have more of the fused to join litigation seeking to hold being executed. He submitted an ami- same concerns. Pryor was the lone at- tobacco companies accountable for the cus brief to the Supreme Court in At- torney general to file an amicus brief cost of smoking because he believes kins v. Virginia, and he argued that arguing the Constitution does not give that ‘‘smokers, as a group, do not im- mentally retarded individuals should the Federal Government power to regu- pose the cost of their habit on the gov- be subjected to the death penalty like late interstate waters as a habitat for ernment’’ and, listen to this, that the anyone else. migratory concerns. premature deaths of smokers actually When issues have been raised about When it comes to disabilities, con- save the Government the cost of ‘‘So- the fair and just administration of pun- trast Mr. Pryor’s approach with the ap- cial Security, pensions, and nursing ishment, particularly in some of these proach he took in Bush v. Gore. Bill home payments.’’ cases, Mr. Pryor’s reaction has been to Pryor was the lone State attorney gen- We have heard about Mr. Pryor’s vig- scoff. eral to file an amicus brief supporting orous defense of Alabama’s use of the When asked what steps Alabama the Supreme Court’s intervention in hitching post as a punishment, a prac- would take to ensure that the death Florida’s election dispute. Every other tice the Supreme Court held to be cruel penalty was fairly applied—and I have attorney general, Democrat and Repub- and unusual punishment. supported the death penalty—regard- lican, had the sense to stay out of this So there has been a lot of talk about less of the defendant’s race, he said: dispute. Not Mr. Pryor. different things about Mr. Pryor and I would hate for us to judge the criminal Yet when it came to the ADA, the what he has stood for, but I am here justice system in a way where we excuse peo- disabilities act, Mr. Pryor was the driv- specifically to talk about Mr. Pryor’s ple from committing crimes because, well, ing force behind the case in which a persistent, repeated efforts to elimi- we have imposed enough punishment on that nurse contracted breast cancer, took nate the ability of people with disabil- group this year, and that’s precisely what time off to deal with her illness, and ities to receive equal treatment in our you are being asked to think of with that when she returned—in violation of the society. I am here to talk about this kind of analysis. ADA—she found that she was demoted. nominee’s hostility toward the Ameri- It is ridiculous. The analysis simply In conclusion, Mr. Pryor is extreme. cans with Disabilities Act. said, don’t take race into account. This Again, why is he, over and over again, Most of my colleagues know that I is a judge who will be fair and impar- 1 of the 50 attorneys general—there are had a brother who was deaf. Through tial and open to advocates’ positions on a lot of conservative attorneys gen- his eyes, my family and I saw firsthand both sides of an issue? eral—to file these briefs? Why is he, on what discrimination against persons How about States rights? Mr. Pryor things that are part of the mainstream with disabilities looks like. It was, and has been one of the staunchest advo- of American feelings and jurispru- still is, very real. cates of efforts to roll back the clock, dence—environment, Americans With When we in Congress sought to rem- not just to the 1930s but to the 1890s. Disabilities Act—way over? edy this history of discrimination, we He is an ardent supporter of an activist Why did he say: spent years laying out, piece by piece, Supreme Court agenda cutting back I will end with my prayer for the next ad- a legislative record fully documenting Congress’s power to protect women, ministration. Please, God, no more Souters? the overwhelming evidence that dis- workers, consumers, the environment, That is what he said before the Fed- crimination against people with dis- and civil rights. eralist Society, a Republican appointee abilities in America was rampant. At As Alabama’s attorney general, Mr. to the bench. The man is clearly an the time we passed this bill, we took Pryor filed the only amicus brief from ideologue. The man does not respect care to make sure that this important among the 50 States. Only 1 attorney the rule of law in too many instances. civil rights law had the findings and general out of all 50 filed a brief urging As I have said before, Bill Pryor is a the constitutional basis to pass muster the Supreme Court to undo significant proud and distinguished ideological with the Supreme Court. The signing of portions of the Violence Against warrior. But ideological warriors, the ADA was the culmination of a Women Act. I am a proud author of whether from the left or from the monumental bipartisan effort that that act. I carried the bill in the House right, are bad news for the bench. They sought to right decades worth of when I was a Congressman. And to be tend to make law, not interpret law. wrongs. so opposed to preventing women from That is not what any of us should want So what did William Pryor have to being beaten by their husbands and from our judges. Ideological warriors, say about this bill that was signed by

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6260 CONGRESSIONAL RECORD — SENATE June 9, 2005 President Bush in 1990, supported over- DISABILITY COMMUNITY OPPOSITION TO PRYOR MASSACHUSETTS whelmingly by the American people, NATIONAL Stavros Center for Independent Living (Am- supported overwhelmingly by both Re- AAPD herst, MA) publicans and Democrats in the Senate ACCESS FOR AMERICA MISSISSIPPI and the House? What did he have to say ADA WATCH Mississippi Statewide Independent Living about it? In the case of Board of Trust- Bazelon Center for Mental Health Law Council ees of the University of Alabama v. National Association of the Deaf (NAD) Mississippi Coalition for Citizens with Dis- National Coalition on Self Determination, Garrett, he argued that Congress did abilities Inc. MONTANA not identify ‘‘even a single instance of National Disabled Students Union (NDSU) unconstitutional conduct’’ to support National Council on Independent Living Summit Independent Living Center, Inc., the Americans with Disabilities Act. (NCIL) (Missoula, MT) This is complete and utter nonsense. United Spinal (formerly Eastern Paralyzed Living Independently for Today and Tomor- We documented it, hundreds and hun- Veterans) row, (Billings, MT) dreds and hundreds of cases of uncon- World Association of Persons with Disabil- NEW JERSEY stitutional discrimination against peo- ities Center for Independent Living of South Jer- ple with disabilities—cases of the ALABAMA sey (Westville) Independent Living Center of Birmingham, Heightened Independence and Progress forced sterilization of people with dis- (Hackensack) abilities, the denial of educational op- Alabama NEW YORK portunities, unnecessary institu- Center for Independent Living of Jasper, Ala- bama ARISE (Syracuse) tionalizations, among others. ALASKA Southern Tier Independence Center (Bing- Mr. Pryor has made no secret of the hamton) Southeast Alaska Independent Living fact that he does not believe we in Con- The Genesee Region Independent Living Cen- gress have the power to pass laws to ARIZONA ter (Batavia, NY) protect people from discrimination. He Arizona Bridge to Independent Living (ABIL) Northern Regional Center for Independent has worked hard to find cases with of Phoenix, AZ Living (Watertown) which to challenge the power of Con- Services Maximizing Independent Living and OHIO Empowerment (SMILE) of Yuma, AZ gress to protect victims of domestic vi- The Ability Center of Defiance, OH New Horizons Independent Living Center, The Ability Center of Greater Toledo (Syl- olence, victims of age discrimination, (Prescott Valley, AZ) and women seeking to take maternity vania) CALIFORNIA leave under the Family and Medical Tri-County Independent Living, (Akron, OH) Leave Act. He has also repeatedly filed California Council of the Blind OREGON California Democratic Party Disabilities Disability Advocacy for Social and Inde- cases challenging Congress’s authority Caucus pendent Living (DASIL), (Jackson Coun- to allow Americans with disabilities to Disability Resource Agency for Independent ty, OR) live full and productive lives under the Living, (Stockton, CA) Americans with Disabilities Act. Independent Living of Southern California PENNSYLVANIA Now, some of my colleagues may re- Independent Living Center, Claremont, CA Pennsylvania Statewide Independent Living member that 2 years ago I stood on (Claremont, CA) Council this floor and asked Senators to oppose Independent Living Resource Center of San Pennsylvania Council for the Blind the nomination of Jeffrey Sutton be- Francisco, CA SOUTH CAROLINA Independent Living Resource Center, Ven- cause Mr. Sutton had devoted a signifi- Disability Resource Center, (North Charles- tura, CA (Ventura, CA) ton, SC) cant portion of his legal career to try- Placer Independent Resource Services TENNESSEE ing to have the Americans with Dis- Southern California Rehabilitation Services abilities Act and other laws designed to California Foundation for Independent Liv- Tennessee Disability Coalition protect Americans from discrimination ing Centers (CFILC) TEXAS declared unconstitutional. At that COLORADO Houston Area Rehabilitation Association time, many of my colleagues on the Center for Independence Grand Junction ABLE Center for Independent Living, (Odes- other side of the aisle argued that Jef- (Grand Junction, CO) sa, TX) VIRGINIA frey Sutton should be confirmed be- FLORIDA Disabled Action Committee, Dale City, VA cause he was simply doing the work on Access Now behalf of his client. Well, guess who his Center for Independent Living of South Flor- WEST VIRGINIA client was. The client was William ida (Miami, FL) Fair Shake Network (Institute, WV) Pryor, then-attorney general of Ala- Self Reliance, Inc. (Tampa, FL) Mountain State Centers for Independent Liv- bama. IDAHO ing (Huntington) It is hard to imagine any other nomi- Disability Action Center NW, Inc. (Coeur WISCONSIN nee with such a record of aggressive D’Alene, ID) Options for Independent Living (Green Bay, negative activism. Given the record of ILLINOIS WI) William Pryor, it is impossible to Center for Independent Living of Illinois/ Unknown: Options Center for Independent imagine that someone with a disability Iowa Living—Illinois or MN/ND? rights or civil rights claim will get a Lake County Center for Independent Living ADA WATCH, NATIONAL COALITION fair decision by him. Illinois Network of Centers for Independent Living FOR DISABILITY RIGHTS, So I cannot support putting someone Washington, DC, June 10, 2004. IOWA on a Federal circuit court who has Hon. PATRICK LEAHY. gone out of his way and worked hard Center for Independent Living of Illinois/ DEAR SENATOR LEAHY: ADA Watch is an al- affirmatively to undermine the Ameri- Iowa liance of hundreds of disability and civil cans with Disabilities Act. And that is KANSAS rights organizations united to protect the what he has done. Southeast Kansas Independent Living Re- Americans with Disabilities Act (ADA) and Mr. President, I have a list of 68 source Center (SKIL) the civil rights of people with disabilities. Prairie Independent Living Resource Center The disability community is opposed to the groups, disability-related groups. They confirmation of Alabama Attorney General represent the interests of individuals (PILR), Hutchinson KS Cherokee County Advocacy Group William Pryor because we do not believe a with disabilities, both nationally and person with a disability would receive a fair some in States. I ask unanimous con- KENTUCKY hearing from a ‘‘Judge Pryor.’’ sent that the list of these 68 organiza- Kentucky Disabilities Coalition Pryor has demonstrated a commitment to tions, along with a few letters from a MAINE extremism rather than to justice. Pryor’s right-wing ideology is far outside the main- number of the groups, be printed in the Maine Developmental Disabilities Council stream of American legal thought. Pryor has RECORD. MARYLAND led the battle to undo the work of a demo- There being no objection, the mate- Eastern Shore Center for Independent Liv- cratically-elected Congress to legislate fed- rial was ordered to be printed in the ing, (Cambridge, MD) eral protections for American citizens. De- RECORD, as follows: The Freedom Center (Frederick, MD) spite widespread bipartisan support for the

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6261 Americans with Disabilities Act (ADA), Association of the opposes the confirmation of William Pryor Pryor said he was ‘‘proud’’ of his role in Deaf Law and Advo- to the U.S. Court of AppeaIs for the Eleventh weakening the ADA and ‘‘protecting the cacy Center. Circuit. hard-earned dollars of Alabama taxpayers People with disabilities have worked long when Congress imposes illegal mandates on ILLINOIS/IOWA CENTER FOR and hard to bring about the Americans with our state. INDEPENDENT LIVING, Disabilities Act (ADA) and rely on the Act’s William Pryor, nominated to the U.S. Rock Island, IL, July 21, 2003. protections to ensure that employers, Court of Appeals for the Eleventh Circuit, Please note that the Illinois/Iowa Center schools, governmental entities and business has been a leader in the effort to limit con- for Independent Living opposes the nomina- both large and small do not discriminate gressional power to enact laws protector tion for William Pryor. We strongly feel that against anyone because of a disability. civil rights. Pryor has prevailed in a series of Mr. Pryor and his record as the Attorney William Pryor has taken positions about 5–4 cases before the Supreme Court that have General in Alabama does NOT support nor ADA related cases that cause disability ad- curtailed civil rights, including the Board of represent the millions of people with disabil- vocates to have serious concerns about his Trustees of Alabama v. Garrett, which success- ities or their basic civil rights. Please know ability to be objective in such cases. We fully challenged the constitutionality of ap- that we will do all we can to see that his strongly urge that William Pryor not be con- plying the Americans with Disabilities Act nomination is stopped! Thank you for your firmed to a position on the Eleventh Circuit of 1990 to states as employers. cooperation and help! Court of Appea1s. Pryor argued that the protections of the SUSAN A. SACCO. NANCY HODGINS, ADA were ‘‘not needed’’ to remedy discrimi- Advocacy Coordinator. THE ABILITY CENTER OF nation by states against people with disabil- EILEEN GOFF, ities. This decision prevents persons with GREATER TOLEDO, Executive Director. disabilities from collecting monetary dam- Sylvania, OH, July 14, 2003. TO THE SENATE JUDICIARY COMMITTEE: The ages from state employers. Most signifi- JUNE 10, 2003. Ability Center of Greater Toledo expresses cantly, it has resulted in fewer attorney its adamant opposition to the nomination of DEAR SENATOR LEAHY: The disability com- being willing to represent individual in ADA William Pryor to the U.S. Court of Appeals munity is opposed to the confirmation of cases against state employers. Despite the for the Eleventh Circuit. Our opposition is Alabama Attorney General William Pryor massive record of egregious conduct toward based on his record as an attorney, as an At- because we do not believe a person with a individuals with disabilities by states that torney General and on his comments made disability would receive a fair hearing from Congress has compiled—including instances publicly which represent his personal views. a ‘‘Judge Pryor.’’ of forced sterilization of individuals with dis- Mr. Pryor’s professional position in cases Why? abilities, unnecessary institutionalization, such Garrett v. Alabama, and Alexander v. Pryor has demonstrated a commitment to denial of education, and systemic prejudices Sandoval, to name a few, indicate a distinct extremism rather than to justice. Pryors and stereotyping perpetrated by state ac- inclination toward the protection of states right-wing ideology is far outside the main- tors—Pryor argued that states were actually from individual’s attempt to protect them- stream of American legal thought. in the forefront of efforts to protect the selves under federal civil rights laws. The re- William Pryor, nominated to the U.S. rights of individuals with disabilities. sults of cases like these seriously weaken the Court of Appeals for the Eleventh Circuit, Pryor is a leading architect of the recent enforcement of laws like the Americans with has been a leader in the effort to limit con- ‘‘states’ rights’’ or ‘‘federalism’’ movement Disabilities Act and therefore seriously af- gressional power to enact laws protecting to limit the authority of Congress to enact fect the independence and quality of life of civil rights. Pryor has prevailed in a series of laws protecting individual and other rights. American citizens with disabilities. 5–4 cases before the Supreme Court that have He is among those fighting to eliminate fed- Mr. Pryor’s publicly declared notion that curtailed civil rights, including the Board of eral protections and leave us with a patch- the ADA was not needed, that there was no Trustees of Alabama v. Garrett, which suc- work of uneven civil rights protections de- pattern of discrimination by the states, that cessfully challenged the constitutionality of pendent on an individual’s zip code. Congress therefore had no authority to enact applying the Americans with Disabilities Act Sincerely, its protections, flies in the face of the thou- of 1990 to states as employers. JIM WARD. sands of cases of discrimination identified by Pryor argued that the protections of the Congress. His attitudes are a slap in the face ADA were ‘‘not needed’’ to remedy discrimi- OPPOSITION TO CONFIRMATION OF NOMINEE of American citizens who were forced to be nation by states against people with disabil- WILLIAM H. PRYOR, JR. TO U.S. COURT OF sterilized, institutionalized and otherwise ities. This decision prevents persons with APPEALS FOR THE ELEVENTH CIRCUIT denied access to places and things that able- disabilities from collecting monetary dam- The National Association of the Deaf bodied people take for granted. The passage ages from state employers. Most signifi- (NAD) is opposed to the confirmation of of the ADA opened doors, literally and figu- cantly, it has resulted in fewer attorneys nominee William H. Pryor, Jr., to the U.S. ratively, to thousands of individuals to live, being willing to represent individuals in work and play when and where they chose. Court of Appeals for the Eleventh Circuit. ADA cases against state employers. Despite Unfortunately there continues to be defiance Currently the Attorney General for the the massive record of egregious conduct to- and ignorance of employers, businesses and State of Alabama, Pryor is a ‘‘states’ rights’’ ward individuals with disabilities by states government entities regarding the right to and ‘‘federalism’’ ideologue, a leader in the that Congress had compiled—including in- access and opportunity granted to all citi- movement to limit the authority of Congress stances of forced sterilization of individuals zens. The ADA, and other civil rights legisla- to enact laws protecting individual civil with disabilities, unnecessary institutional- tion, is the only defense people with disabil- rights. Pryor has fought aggressively against ization, denial of education, and systemic ities can call on to realize their independ- the Americans with Disabilities Act (ADA) prejudices and stereotyping perpetrated by ence and potential. There is no other protec- and other laws that protect Americans with state actors—Pryor argued that states were tion or defense. disabilities and other minorities. The Ability Center asks that you oppose actually in the forefront of efforts to protect The NAD is opposing Pryor because of his this nomination as a statement that the the rights of individuals with disabilities. outspoken activism against federal civil civil rights of all U.S. citizens are a priority Pryor has led the battle to undo the work rights protections for people with disabil- above all else. Oppose the nomination to of a democratically-elected Congress to leg- ities and other minorities. His commitment send a message that any judicial candidate islate federal protections for American citi- is to ideology, not to justice. who demonstrates, in word and deed, ex- zens. Despite widespread bipartisan support Established in 1880, the NAD is the nation’s treme ideology is not an appropriate choice for the Americans wi1h Disabilities Act, oldest and largest nonprofit organization for the judicial bench. Oppose the nomina- (ADA). Pryor said he was ‘‘proud’’ of his role safeguarding the accessibility and civil tion because it is a lifetime appointment and in ‘‘protecting the hard-earned dollars of rights of 28 million deaf and hard of hearing that such an appointment represents a seri- Alabama taxpayers when Congress imposes Americans across a broad range of areas in- ous and real threat to millions of citizens illegal mandates on our state.’’ cluding education, employment, health care, with disabilities. Appoint individuals to the Pryor is a leading architect of the recent and telecommunications. federal court system who have demonstrated ‘‘states’ rights’’ or ‘‘federalism’’ movement The NAD is a dynamic federation of 51 an ability to interpret the law without bias to limit the authority of Congress to enact state association affiliates including the Dis- and extreme ideologies. This is not William laws protecting individual and other rights. trict of Columbia, organizational affiliates, Pryor. He is fighting to reverse the results of our and national members. Primary areas of Sincerely, nation’s civil war and leave us with a patch- focus include grassroots advocacy and em- SUSAN HETRICK, work of uneven civil rights protections de- powerment, policy development and re- Advocacy Director. pendent on an individual’s zip code. search, legal assistance, captioned media, in- He personally has been involved in key Su- formation and publications, and youth lead- HEIGHTENED INDEPENDENCE preme Court cases that, by narrow 5–4 ma- ership. AND PROGRESS, jorities, have restricted the ability of Con- KELBY N. BRICK, Hackensack, NJ, July 14, 2003. gress to protect Americans’ rights against Associate Executive Heightened Independence and Progress discrimination and injury based on dis- Director, National (hip) Center for Independent Living strongly ability, race, and age. Worse, he has urged

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the Court to go even further than it has in THE FREEDOM CENTER, INC. INDEPENDENT LIVING RESOURCE the direction of restricting congressional au- Frederick, MD, Ju1y 21, 2003. CENTER—SAN FRANCISCO, thority. Just last month, for example, the JIM WARD, San Franciso, CA, July 3, 2003. Court, in an opinion by Chief Justice Executive Director, ADA Watch Coalition, Hon. DIANNE FEINSTEIN, Rehnquist, rejected Pryor’s argument that Washington, DC. San Francisco, CA. the states should be immune from lawsuits DEAR JIM: I am the Executive Director for DEAR SENATOR FEINSTEIN: I am contacting for damages brought by state employees for the Freedom Center, a center for inde- you with great concern about the possible violation of the federal Family and Medical pendent living in Frederick, MD. We em- appointment of an anti-ADA judicial activist Leave, Act. power persons with disabilities to lead self- to the 11th Circuit Federal Court of Appeals, VICTORIA WOLF, directed, independent, and productive lives Alabama Attorney General Bill Pryor. I am Assistive Technology in a barrier-free community. We work to en- asking you, on behalf of the over 150,000 peo- Specialist, Disability sure the removal of physical and attitudinal ple with disabilities in San Francisco that Resource Agency for barriers that are faced by Americans with our agency represents to firmly oppose Mr. Independent Living. disabilities. Pryor’s appointment. We, on behalf of the disability community, Attorney General Pryor has proved on are strongly opposed to the nomination of EASTERN PARALYZED VETERANS many occasions that he is an opponent not Alabama Attorney General William G. ASSOCIATION, only of the ADA, but of other civil rights Pryor. We are strongly opposed to the con- Jackson Heights, NY, July 14, 2003. legislation as well. Mr. Pryor did not support firmation of his appointment to the U.S. Hon. ORRIN G. HATCH, the passage of an Alabama State disability Court of Appeals for the Eleventh Circuit. U.S. Senate, rights law; has opposed enforcement of ADA This is a lifetime appointment which could Title II to state prisons (arguments that Washington, DC. eventually lead to an appointment to the Su- DEAR SENATOR ORRIN G. HATCH: The East- were rejected by the U.S. Supreme Court); preme Court. Attorney General Pryor’s ern Paralyzed Veterans Association strongly right-wing ideology is far outside the main- has supported denial of patients’ rights for opposes the confirmation of William Pryor stream of American legal thought. He is re- Medicaid recipients; among other affronts to to the Eleventh U.S. Circuit Court of Ap- sponsible for the weakening of the ADA in civil rights. This is hardly a neutral judicial peals. In the past, Mr. Pryor’s attempts to recent Supreme Court battles. He took a po- appointment. limit Congressional authority in the area of sition against Patricia Garrett in her case We are concerned, Senator, that you hear disability rights have directly undermined against the State of Alabama when she was the voices of your constituents with disabil- the protections given to people with disabil- wrongly discriminated against because of her ities. We find it ironic on the eve of our ities through the Americans with Disabil- disability. He followed her to the Supreme country’s ‘independence day’ that such an ities Act (ADA) and other disability rights Court and was responsible for influencing the opponent of independence for people with laws. Supreme Court by hiring an extreme Fed- disabilities should be a nominee to such a In Board of Trustees of University of Alabama key judicial post. Please oppose this nomina- v. Garrett, Mr. Pryor formulated the argu- eralistic, right wing, and a State’s Rights activist lawyer to represent the State of Ala- tion. ment that Congress did not have the author- Sincerely, ity under the Constitution to apply the ADA bama. Because the Supreme Court ruled in PAMELA S. FADEM, to States in employment discrimination favor of the State of Alabama against Ms. Information Manager, ILRCSF. suits for damages. Additionally, Pryor suc- Garrett, the ADA has been weakened. One cessfully persuaded in 5–4 majority of the Su- can no longer sue a state government or en- Mr. HARKIN. Here are 68 different preme Court in Alexander v. Sandoval that in- tity under the Federal ADA. It is Attorney disability groups from all over the General Pryor’s belief that the ADA is un- dividuals cannot sue to enforce regulations United States. under Title VI of the Civil Rights Act of 1964. constitutional. In this respect, he has undermined Congress’s effort to protect all Ameri- This is from the National Association Since the decision was issued states have of the Deaf: begun to use its reasoning in efforts to per- cans regardless of what state they live in. He suade the courts that people with disabilities has attacked Section 504 of the Rehabilita- The National Association of the Deaf is op- should not be allowed to enforce regulations tion Act, the Individuals with Disabilities posing [Mr.] Pryor because of his outspoken under the ADA and Section 504 of the Reha- Educational Act, and all basic civil rights activism against federal civil rights protec- bilitation Act requiring reasonable accom- against people with disabilities. gender and tions for people with disabilities and other modations, integration of individuals with race. He not only has held a position in the minorities. His commitment is to ideology, disabilities, and accessible public housing. University of Alabama v. Ganett case but has not to justice. Mr. Pryor’s positions in these and other filed Amicus Briefs in Pennsylvania Dept. of Corrections v. Yeskey and Medical Board of Here is the Illinois/Iowa Center for cases (i.e., Pennsylvania Department of Correc- Independent Living: tions v. Yeskey and California Board of Medical California v. Hason. He also took opposition Examiners v. Hason) clearly represent an in- to the Alexander v. Sandoval case. All of his We strongly feel that Mr. Pryor and his terpretation of the Equal Protection Clause, oppositions also include running amok in his record as the Attorney General in Alabama Spending Clause, and Commerce Clause that own state using the state laws to his own be- do NOT support nor represent the millions of would dramatically restrict Congress’s au- lief. It is because of his ideology that we people with disabilities or their basic civil thority and hinder its ability to pass laws have laws such as the Federal ADA, IDEA, rights. protecting the rights of Americans with dis- Civil Rights, etc. The laws were imple- The National Disabled Students As- abilities, older workers, and others under the mented to protect Americans from individ- sociation stated the nomination of uals like him. Because of his track record, he Constitution. For this reason, Eastern Para- Judge Pryor would be ‘‘devastating to lyzed Veterans Association strongly urges cannot be a Federal Judge. A Federal Judge you not to confirm Mr. Pryor to the court. must be unbiased and have full under- the rights of over 54 million Americans People with disabilities have fought long standing of the total law. A Federal Judge with disabilities protected by the and hard to achieve the protections afforded cannot interpret Federal laws to fulfill his Americans with Disabilities act. . . .’’ by the ADA and like-minded laws. We must own beliefs as a State’s Rights activist. A So, Mr. President, there may be a lot continue the fight to ensure that an activist Federal Judge cannot use his position to fur- of reasons that people have for oppos- court does not abridge these rights and pro- ther his own cause. It is imperative that we ing this nominee to go on the circuit do all that we can do to help our legislators tections. Please vote against William Pry- court. I want to make it crystal clear or’s confirmation. to understand the importance of approving a Thank you. nomination that is nonpartisan of any indi- that my major objection to this person Sincerely. vidual who would take his position seriously going on the circuit court is his open, JEREMY CHWAT, and for the good of the American people and consistent, and persistent opposition to Director of Legislation. not for his own beliefs or reasons. the Americans with Disabilities Act. You may sign our name to any petition or He has made no secret of it. He does INDEPENDENT LIVING CENTER OF letter that opposes the confirmation of Ala- not think we had the power to pass it. bama Attorney General William G. Pryor. SOUTHERN CALIFORNIA, INC., He said, in his own opinion, that we July 14, 2003. You have permission to use our letter to give TO WHOM IT MAY CONCERN: This letter is to members of Congress to help them to be did not even document one single in- written on behalf of the Independent Living our voices and understand why we are so op- stance of unconstitutional conduct Center Of Southern California, to oppose the posed to his confirmation to the U.S. Court against people with disabilities. Well, I nomination of Mr. William Pryor, to the U.S. of Appeals to the Eleventh Circuit. Thank am sorry, courts have held differently: Court of Appeals for the Eleventh Circuit. you very much for your attention to this forced sterilizations of people with dis- Please note that this nomination would very urgent matter. Let’s all work together abilities, forced institutionalizations of gravely affect the civil rights of persons with to prevent deteriorization to the ADA and disabilities. other disability civil rights. people who did not need to be institu- Sincerely, Sincerely, tionalized, denying people with disabil- PETER HUARD, JAMEY GEORGE, ities educational opportunities. Maybe Client Assistance Program. Executive Director. he never heard of the case of PARC v.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6263 Pennsylvania. Perhaps he did not know rectified it, looked at the law, looked Here we are debating the Pryor nomi- that courts had held there was a at the history, but Mr. Pryor did not do nation again. I am one of many Sen- record, a strong record, of discrimina- that. He did not go back and look at ators who believes we should have con- tion in public education against kids the history of the ADA. He did not go firmed this nomination a long time with disabilities, not letting them go back and find out all these examples ago. Yesterday more than one of our to school, denying them educational that we had come up with that is in the Democratic colleagues complained that opportunities. record. He just simply said: I know we are debating judicial nominations The courts held that as long as a what is best. I know what is best for when, they said, ‘‘we should be doing State provides a free public education, people with disabilities. legislative business.’’ That is exactly just as they could not discriminate on Well, people with disabilities have what we would be doing were it not for the basis of race, or sex, or national or- been hearing that for far too long in the confirmation obstruction campaign igin, they cannot discriminate on the our country: We know what is best for led by those very same Democratic basis of disability either. So the courts you—that paternalizing attitude. Peo- Senators. They are the ones who met held that there is a constitutional ple with disabilities said: No, we are in 2001 to change the confirmation right for kids in our country to get a going to be on our own. We are going to ground rules. They are the ones who free, appropriate public education, as have our own civil rights. We are going demand dozens and dozens of unneces- long as the State is providing that. The to decide our own future. We are going sary rollcall votes that have eaten up kids with disabilities have to be al- to decide how we want to live, not how literally days of floor time. They are lowed in the public schools, also. you, the Government, or you, society, the ones who launched this campaign But for Mr. Pryor, no. He says, no, want us to live. of outrageous and unprecedented judi- not even one instance do we have of an Well, we have come a long way in 15 cial filibusters. unconstitutional discrimination. I do years since the ADA was signed. This is Our Democratic colleagues have not know where Mr. Pryor went to law one circuit court judge who would turn changed the way we do judicial con- school. I did not even look it up. It the clock back. And he will get these firmation business in the Senate, and does not make any difference to me. cases. He will get them. And people that has changed the way we do legis- But whatever he learned there he must with disabilities will be on the short lative business. They have no one to have forgotten. It seems to me, here is end of the stick. blame but themselves. To come in here an individual with an ideological per- So for that reason, and perhaps a lot and complain that we are not doing the ception that he is right and everyone of other reasons but for that reason business of the people when one-third else is wrong, that only he knows what alone—for that reason alone—Mr. of the separated powers in this country involves judges is pretty much out of is constitutional and not—not the Con- Pryor should not be confirmed for this line. gress, not the Senate, not even the Su- circuit court position. With that, Mr. President, I yield the Under the standards the Senate tra- preme Court. He alone has a right to floor and suggest the absence of a ditionally applied to judicial nomina- decide that. He alone has a right to de- quorum. tions, we would already have confirmed cide whether people with disabilities The PRESIDING OFFICER. The the nomination before us. Although are protected under the Americans clerk will call the roll. some across the aisle have attempted with Disabilities Act. The legislative clerk proceeded to to change the ground rules, I am We have come too far in our country. call the roll. pleased we have now invoked cloture We spent years developing the Ameri- Mr. HATCH. Mr. President, I ask and are in the final stretch of debate cans with Disabilities Act. When Presi- unanimous consent that the order for on this very important nomination. dent Bush signed it in 1990, we had ac- the quorum call be rescinded. There is light at the end of the con- cumulated a voluminous record of dis- The ACTING PRESIDENT pro tem- firmation tunnel. crimination, from the earliest child- pore. Without objection, it is so or- We have become accustomed to the hood to the latter stages of life, with dered. pattern of attack by those who oppose people with disabilities being discrimi- Mr. HATCH. Mr. President, I rise in President Bush’s judicial nominees. nated against. We sought to remedy strong support of the nomination of They equate a nominee’s personal that with the Americans with Disabil- William Pryor to the U.S. Court of Ap- views with that nominee’s judicial ities Act. peals for the Eleventh Circuit or, to views. They create the most wretched When it passed the Senate, I said it put it more precisely, I rise to support and distorted caricature of a nominee, was the proudest day of my legislative the permanent appointment of Judge turning him into some creature one career, and it still is—when the ADA William Pryor to the Eleventh Circuit. might see on ‘‘Law and Order’’ or passed the Congress and was signed Judge Pryor’s credentials, his char- ‘‘America’s Most Wanted.’’ into law. And we have not looked back. acter, and commitment to judicial re- What it boils down to is the wrong- We look around our country now and straint already make a compelling case headed notion that no one who thinks we see people with disabilities in edu- for his appointment. His continuing for himself, who does not toe the left- cation, traveling, going out to eat, service on the Eleventh Circuit only wing line, whose perspective or values holding down good jobs, getting the adds to that compelling case. did not turn the liberal litmus paper civil rights that all the rest of us I urge my colleagues to vote for con- the right—or left—color, or who as a enjoy. firmation so Judge William Pryor can judge may fail consistently to deliver But for Mr. Pryor, people with discontinue to be a valuable member of politically correct results is accept- abilities do not have those rights. They the U.S. Court of Appeals. able. These advocates of an activist ju- only have the right—these are my own Debate about this nomination did not diciary are not foolish enough to at- words—it seems to me Mr. Pryor has just begin. President Bush nominated tack every nominee. They will remind said, in his decisions and in his William Pryor more than 2 years ago. us of how many of this President’s ju- writings and in his perceptions of the During a lengthy hearing before the dicial nominees they have supported. Americans with Disabilities Act, that Judiciary Committee in June 2003, he But the circumstances that have people with disabilities only have the answered more than 185 questions. It brought us here today demonstrate the right to be pitied, they only have the has now become common practice for confirmation ground has shifted. right to get whatever it is that those of Senators to deluge a nominee with I urge my colleagues not to be per- us who are not disabled choose to give post-hearing written questions. Judge suaded by the caricatures created by to them. Pryor answered nearly 300 of those as Washington-based lobbyists and left- Well, I am sorry, that is not enough. well. The Judiciary Committee debated wing groups which need to send out the People with disabilities have every this nomination during three different next fundraising appeal. Instead I urge right, Mr. President, that you and I business meetings and favorably re- my colleagues to listen to those who have. So it is for that reason, that he ported it twice here to the Senate floor actually know William Pryor, who has gone out of his way—I could see if where we have already debated it in have worked with William Pryor, be- a judge made one mistake and maybe the context of two previous attempts cause they are among his strongest made a decision but came back and to invoke cloture. supporters.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6264 CONGRESSIONAL RECORD — SENATE June 9, 2005 Dr. Joe Reed, chairman of the Ala- would be deemed especially credible. defending a State’s right to prohibit bama Democratic Conference—yes, Theirs is not hearsay testimony such certain sexual conduct. Alabama had a that is right, the Alabama Democratic as we are hearing from some with the statute similar to the Texas statute Conference, the State Democratic Par- other side. They are not repeating being challenged in that case. When ty’s African-American caucus—knows someone’s talking points. They are not the Supreme Court ruled against his William Pryor. He has worked with offering generalities or cliche´s. position, he immediately released an William Pryor, and he strongly sup- Talking points, generalities, and official statement that the Supreme ports William Pryor. Note what Dr. Joe cliche´s, however, are all that Judge Court decision rendered Alabama’s law Reed has to say about this nominee. Pryor’s opponents have to offer. The unenforceable. He says that William Pryor: far left-wing Washington-based lobby- Similarly, the entire country knows will uphold the law without fear or favor. I ists who appear to make their living that as Alabama Attorney General, believe all races and colors will get a fair opposing President Bush’s judicial William Pryor took an unpopular stand shake when their cases come before him. I nominations repeat the same rhetoric regarding the Ten Commandments dis- am a member of the Democratic National about nominee after nominee. Some- play in the Alabama judicial building. Committee and, of course, General Pryor is a times I wonder whether they put to- One respected religious magazine Republican, but these are only party labels. gether their press releases and action placed a picture of Judge Pryor on its I am persuaded that in General Pryor’s eyes, alerts simply by cutting and pasting in Justice has only one label—Justice! cover with a headline asking whether the name of a new nominee. his legal stance amounted to political Any of us would certainly be hard They use the same mantra now, say- suicide. It is clear that Judge Pryor pressed to come up with a better ening Judge Pryor is hostile to civil places the law above personal priorities dorsement or a more substantive com- rights, hostile to virtually every right and political expediency. This stuff pliment for any judge on any court under the sun. Perhaps he is also the about following the law rather than anywhere in America. cause of childhood asthma, global personal opinions is not rhetoric, talk- Listen to Alvin Holmes, an African warming, and rising interest rates. ing points, or window dressing. This is American who has served in the Ala- I would listen to the people I have not just William Pryor’s stated com- bama House of Representatives for just quoted who know the man. They mitment, this is his demonstrated com- nearly three decades. He introduced a are all Democrats, by the way. mitment. If there is any reason to believe such bill to remove the State Constitution’s It is a record that makes former Ala- a thing as these awful comments that ban on interracial marriage. Rep- bama Attorney General Bill Baxley, have been made by our colleagues on resentative Holmes says that while another Democrat, strongly support the other side, then these left-wing white political leaders in the State, Judge Pryor’s nomination. Here is Washington lobbyists should be able to Democrats and Republicans, either op- what General Baxley, a leading Demo- convince Dr. Joe Reed, Alvin Holmes, posed the bill or kept quiet, then-At- crat in Alabama, said about William and Judge Sue Bell Cobb that Judge torney General William Pryor spoke Pryor: out. William Pryor urged Alabamans to William Pryor is hostile to civil rights. I wish them luck because I know they In every difficult decision he has made, his vote for removing the ban on interactions were supported by his interpretation racial marriage and then, when it can’t do that. And they know they of the law, without race, gender, age, polit- passed, he defended the measure in can’t do it. That is what is reprehen- ical power, wealth, community standing, or court against legal challenge. sible. any other competing interest affecting judg- Representative Holmes knows Wil- Perhaps the most important element ment. I often disagree, politically, with Bill liam Pryor. He has worked with Wil- of judicial duty is the commitment to Pryor. This does not prevent me from mak- liam Pryor, and he strongly supports follow the law regardless of personal ing this recommendation because we need William Pryor. Listen to what Rep- views. Throughout his career William fairminded, intelligent, industrious men and Pryor has not just stated such a com- women, possessed of impeccable integrity, on resentative Holmes says about this the Eleventh Circuit. Bill Pryor has these nominee, this African-American leader mitment to judicial restraint, he has demonstrated it. We all know, for ex- qualities in abundance. . . . There is no bet- of the Alabama House of Representa- ter choice for this vacancy. tives: ample, that William Pryor is pro-life. His belief in the sanctity of human life That is Bill Baxley, former Alabama I request your swift confirmation of Bill Attorney General, leading Democrat in Pryor to the 11th Circuit because of his con- no doubt helps explain his advocacy for children. Like millions of Americans, the State. stant efforts to help the causes of blacks in Just think about that. These Demo- Alabama. most Alabamians apparently share such pro-life values. In 1997, the State cratic leaders from Alabama paint a Or consider the opinion of Judge Sue very consistent picture of William Bell Cobb who sits on the Alabama legislature enacted a ban on partial- birth abortion. If William Pryor were Pryor. He will uphold the law without Court of Criminal Appeals. This is fear or favor. He makes decisions with- what she says: what his critics claim, that would surely have been his chance to take a out regard to political or irrelevant I write, not only as the only statewide factors. He is fairminded, intelligent, Democrat to be elected in 2000, not only as a stand, stake a claim, defy the Supreme Court, and to seek to impose his per- and industrious. I certainly agree with member of the Court which reviews the this assessment, though it does not greatest portion of General Pryor’s work, sonal moral code. He did no such thing, but also as a child advocate who has labored proving once again that his critics are come first from the Senator from Utah. shoulder to shoulder with General Pryor in flat wrong. Democrats such as Dr. Joe Reed, Rep- the political arena on behalf of Alabama’s (Mr. ALEXANDER assumed the resentative Alvin Holmes, Judge Sue children. It is for these reasons and more chair.) Bell Cobb, and Attorney General Bill that I am indeed honored to recommend Gen- Mr. HATCH. After the U.S. Supreme Baxley know the difference between eral Pryor for nomination to the 11th Circuit Court ruled in Stenberg v. Carhart that private views and public duty. They Court of Appeals. a State legislative ban on partial-birth know the difference between personal That is the Honorable Sue Bell Cobb, abortion is unconstitutional, Attorney opinion and judicial opinion. And they judge of the Alabama Court of Criminal General William Pryor instructed strongly support William Pryor’s nomi- Appeals. State law enforcement officials to nation to the Eleventh Circuit. Think about that. These are people abide by that decision, even though he I wish some of my Democratic col- who know William Pryor. These testi- personally disagreed. The Senator from leagues and their left-wing enablers monies—and there are many more like Tennessee, Mr. ALEXANDER, presiding knew the difference. Instead they focus them—describe a man who cares deeply in the Chair right now, reminded us only on results. All that matters, it ap- about what is right and who has the earlier today that this was at General pears, is that a judge rules right or character to do what is right, no mat- Pryor’s own initiative. The law, not his left, as the case may be. ter what the political cost. People such personal views, formed how he carried On Tuesday a Democratic Member of as these are in the best position to out his official duties. this body summed up their results-ori- know the real William Pryor. If this Attorney General Pryor filed an ami- ented litmus test approach when he were a court of law, their testimony cus brief in the Lawrence v. Texas case said:

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6265 with respect to a whole series of issues, this or’s commitment to follow the law. He For example, the chairman of the nominee is profoundly wrong. hired William Pryor in the Alabama at- Alabama Democratic Conference, No doubt each of us in this body has torney general’s office and Judge Pryor which is the State Democratic Party’s heard something like that in a cam- replaced him when then-Attorney Gen- African-American caucus, said that paign commercial. We might hear it eral SESSIONS joined us here in the Sen- Bill Pryor is a first-class public official here when the Senate is in legislative ate. I thank our colleague for his tire- who will be a credit to the judiciary session. But this is a judicial nomina- less and principled efforts. I know this and a guardian of justice. tion we are debating. What does it Senator’s understanding of this nomi- Former Democratic Gov. Don mean to say that the judicial nominee nee is better as a result. Siegelman described Bill Pryor as an is wrong on the issues? Never mind William Pryor is demonstrating that incredibly talented, intellectually hon- being judicially correct, just be politi- same commitment on the U.S. Court of est attorney general who calls the cally correct. Results are all that mat- Appeals for the Eleventh Circuit. That issues like they ought to be called. ters. is exactly what America needs in her These are just some of the comments Yesterday during the debate on the judges, and I urge my colleagues to made by Democrats, of which I am Brown nomination, the Senator from support a permanent appointment for aware, who support this good man. California, Mrs. BOXER, took a similar Judge William Pryor. But that does not seem to stop some tack. She put up one poster after an- Mr. President, I have taken a minute groups or people inside the beltway other, each stating in the most sim- or two over my allotted time. I apolo- from upping that ante and spreading plistic terms the results of a case, and gize to my colleague. lies. The usual suspects are back in the then claimed that Justice Brown per- The PRESIDING OFFICER. The Sen- saddle again, however, with a venge- sonally favored the result for which she ator from Iowa. ance to mischaracterize this man’s voted. Mr. GRASSLEY. Mr. President, I record and drag his good name through This insidious tactic claims, for ex- support the confirmation of William the mud. ample, that if a judge votes that the Pryor to the Eleventh Circuit. I think But if one really takes a close look at law does not prohibit racial slurs, then he is a truly outstanding individual Bill Pryor’s record, one can only find the judge must favor racial slurs. If a and, most importantly, after all these that he is a man who embodies the judge votes that the law does not pro- years of waiting, I am pleased he is fi- characteristics that any Federal judge hibit an employer’s hiring decision, nally going to get an up-or-down vote ought to have. The fact is that William then the judge must favor that hiring on his nomination. I am pleased, in Pryor is a man who puts law before decision. In March of 2000, 29 current just a few hours, Bill Pryor will be con- politics. The role of a Federal judge, as Senators, including my friend from firmed as a Federal appellate judge. He all my colleagues know and as best California, Senator BOXER, voted more than deserves to be confirmed by stated by Chief Justice John Marshall, against a constitutional amendment to the Senate. Bill Pryor is doing a great is to ‘‘say what the law is.’’ allow protection of the American flag. job now, and he will continue doing a That is exactly upon which Bill How would any of them respond—how great job in the future. Pryor has built a distinguished law ca- would the Senator from California re- The problem is how we have gotten reer. The truth is, in the face of opposi- spond—to the accusation that by that to where we are with the hangup and tion from both Democrats and Repub- vote, they were siding with the flag these judges not being voted on. I con- licans, Bill Pryor has steadfastly based desecraters? tinue to be troubled by the road we his legal decisions on court rulings and That would be an outrageous charge, have been going down in this judicial not on his own political beliefs. Bill and we all know that. nomination process. Unfortunately for Pryor’s actions are the only record Yet opponents of these judicial nomi- Bill Pryor, he has been one of the that we need to look at to see that this nees, including the Senator from Cali- prime targets of the slash-and-burn is an individual who truly believes in fornia, are using exactly the same tac- program of the left-wing liberal inter- the rule of law. He is the right man for tic, exactly the same logic. They con- est groups. He and several other good the job, and we should keep this man tinue doing so in this debate over Wil- candidates nominated by President on the Eleventh Circuit Court. liam Pryor’s nomination. But this tac- Bush have been subject to off-base, I have looked at Bill Pryor’s record tic misleads the American people about trumped-up charges which just smear and some of the allegations made what judges do, and it twists and dis- an individual’s record without regard against him. Bill Pryor wins hands torts these debates about whether to to the reality of that record. down, no contest. confirm judicial nominees. We need to look at the merits of a I would like to refer to an article in I am reminded of a 1998 article writ- candidate, and, on the merits, Bill the ‘‘Mobile Press Register,’’ ‘‘Civil ten by the distinguished Judge Harry Pryor is one of the more impressive Rights Guardian, Outstanding Nomi- Edwards, appointed to the U.S. Court nominees coming before the Senate. nee.’’ In this article, Willie Huntley of Appeals for the DC Circuit by Presi- William Pryor graduated magna cum took the opportunity to distinguish the dent Jimmy Carter, in which he laude from Tulane Law School, where views of Alabamians and most Ameri- warned that giving the public a dis- he was editor in chief of the law re- cans from those shared by some inside- torted view of judges’ work is bad for view. He served as a law clerk to civil the-beltway, left-wing interest groups. the judiciary and the rule of law. The rights legend and champion Judge Mr. Huntley is an African-American at- tactics being used against nominees John Wisdom. He practiced law for sev- torney. He is from Bill Pryor’s home- such as William Pryor are, indeed, giv- eral years before joining the attorney town. He expressed why the people of ing the public a distorted view of general’s office in the State of Ala- Alabama should continue to trust in judges’ work. bama. He also taught law as an adjunct this man, Bill Pryor, rather than in the Thankfully, Judge Pryor knows the professor at Cumberland Law School. liberal special interest groups, such as difference between personal views and So without a doubt, and going even be- People for the American Way, organi- the law. He knows the difference beyond the good attributes I pointed out, zations that are so powerful here with tween means and ends. And I am proud Bill Pryor has the legal experience to some Members of Congress. to say that Judge Pryor refuses to go serve on this Federal bench. But that is I would like to read some of what down the politicized road of judicial ac- not all. William Pryor has the unwav- this article has to say about Bill Pryor, tivism. He has demonstrated where his ering support of the people who knew again, emphasizing Willie Huntley, an commitment lies. He has shown, in him best—the citizens of his very own African-American attorney from Bill each phase of his career, that he will State of Alabama. His support among Pryor’s hometown: follow the law. Alabama Republicans is near unani- People for the American Way asserts that Our colleague and my fellow Judici- mous. But furthermore, and maybe Pryor’s appointment would devastate civil rights. What its people don’t say is that after ary Committee member, Senator SES- more importantly, some of the most about 100 years of inaction by other leaders, SIONS, has worked very hard to educate important members of the Alabama Bill Pryor led a coalition that included the this body about this fine nominee. He Democratic leadership are just as sup- NAACP to rid the Alabama Constitution of has a special perspective on Judge Pry- portive of this Pryor nomination. its racist ban on interracial marriage.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6266 CONGRESSIONAL RECORD — SENATE June 9, 2005 Bill Pryor then defended the repeal against don’t say is that after about 100 years of in- neys to apply Alabama’s partial-birth abor- a court challenge by a so-called Confederate action by other leaders, Bill Pryor led a coa- tion law in a moderate way that was con- organization. Our Attorney General also lition that included the NAACP to rid the sistent with U.S. Supreme Court precedent. took the side of the NAACP in successfully Alabama Constitution of its racist ban on Again, he was criticized by Republicans; defending majority-minority voting dis- interracial marriage. pro-life activists accused him of gutting the tricts—all the way to the U.S. Supreme Pryor then defended the repeal against a statute. Again, he didn’t back down. Court—against challenges by white Alabama court challenge by a so-called Confederate Not surprisingly, PFAW and its allies have Republicans. heritage organization. attacked Pryor for supporting the display of Bill Pryor further opposed a white Repub- Our attorney general also took the side of the Ten Commandments in courthouses. But lican redistricting proposal that would have the NAACP in successfully defending major- Pryor simply took the position that if a rep- hurt African-American voters. He did not ity-minority voting districts—all the way to resentation of the Ten Commandments can back down to criticism from his own party— the U.S. Supreme Court—against a challenge be carved into the wall of the U.S. Supreme not one inch. by white Alabama Republicans. Court’s courtroom, it can be placed in an He then played a key role in the successful Bill Pryor further opposed a white Repub- Alabama courtroom. prosecution of former Ku Klux Klansmen lican redistricting proposal that would have PFAW also has attacked Pryor for the po- Bobby Frank Cherry and Thomas Blanton, hurt African-American voters. He did not sition he took in the Alexander vs. Sandoval Jr., for the 1963 bombings of the 16th Street back down to criticism from his own party— case, in which a person who didn’t speak Baptist Church in Birmingham. not one inch. English sued to force Alabama to spend its Pryor started a mentoring program for at- He then played a key role in the successful money on printing driver’s license tests in risk kids and regularly goes to Montgomery prosecution of former Ku Klux Klansmen foreign languages. public schools to teach African-American Bobby Frank Cherry and Thomas Blanton Jr. As broke as our state is, there are better kids to read. for the 1963 bombing of the Sixteenth Street things to spend our money on—like teaching Because Bill Pryor has a civil rights record Baptist Church in Birmingham. In fact, he kids to read English so they can take the that very few can equal, it is no wonder that will personally argue to uphold Blanton’s test and read road signs, and also paving the African-American leaders who know and who murder conviction before the Alabama Court roads for them to drive on. Pryor fought this have worked with him—like Artur Davis, Joe of Criminal Appeals later this month. attempt to drain our state budget, and the Reed, Cleo Thomas, and Alvin Holmes—sup- Pryor started a mentoring program for at- U.S. Supreme Court agreed with him. port his nomination to the Eleventh Circuit risk kids, and regularly goes to Montgomery The truth and the record show that Bill Court of Appeals. public schools to teach African-American Pryor has fought for the civil rights and vot- Ignoring Pryor’s defense of voting rights kids to read. ing rights of African-Americans in Alabama for African-Americans, People for the Amer- Because Bill Pryor has a civil rights record when PFAW was nowhere to be found. Now ican Way charges that he opposes the land- that very few can equal, it is no wonder that that President Bush has nominated Pryor to mark Voting Rights Act. The truth is, he has African-American leaders who know and a federal judgeship, PFAW assumes that it dutifully enforced all of the Voting Rights have worked with him—like Artur Davis, Joe can come here and attack him. Act every time a case has come up. Reed, Cleo Thomas and Alvin Holmes—sup- I, for one, suggest that PFAW pack up its The article goes on to conclude: port his nomination to the 11th Circuit pro-pornography, flag-burning, anti-reli- Court of Appeals. gious, attack-dog tactics and go back to Hol- The truth and the record show that Bill Ignoring Pryor’s defense of voting rights lywood and Washington. Pryor has fought for the civil rights and vot- for African-Americans, PFAW charges that We who actually know Bill Pryor support ing rights of African-Americans in Alabama he opposes the landmark Voting Rights Act. him 100 percent. when People for the American Way were no- The truth is, he has dutifully enforced all of Mr. GRASSLEY. Mr. President, I where to be found. Now that President Bush the Voting Rights Act every time a case has has nominated Pryor to a Federal judgeship, come up. hope my colleagues will see through all People for the American Way assumes that Pryor has simply stated that a procedural the smoke and mirrors that have been it can come here and attack him. . . .We who part of the Voting Rights Act—Section 5— kicked up by groups such as the People actually know Bill Pryor support him 100 has problems that Congress should fix. Sec- for the American Way. I hope my col- percent. tion 5 requires federal officials in Wash- leagues will take a very close look at Mr. President, I ask unanimous con- ington to approve even minor changes in vot- the facts and reject those allegations sent to print in the RECORD the article ing practices that have nothing to do with that are not true, just as many Ala- from which I quoted so people can read discrimination. For example, last year, Pryor issued an bamians have so rejected because the it in its entirety. opinion that required a white replacement people who know this man best ought There being no objection, the mate- candidate for a deceased white state legis- to be the ones to whom we listen. rial was ordered to be printed in the lator to get Washington approval under Sec- I hope that Bill Pryor’s true record RECORD, as follows: tion 5 to use stickers to put his name on the will shine through and that my col- [From CFIF.ORG] ballot over the name of the deceased can- leagues will join me in supporting his CIVIL RIGHTS GUARDIAN, OUTSTANDING didate. nomination. Thurbert Baker, the African-American NOMINEE I close by, once again, telling my Democratic attorney general of Georgia, has (By Willie J. Huntley Jr.) voiced similar concerns about Section 5 be- Senate colleagues that if the role of a The Washington-headquartered, liberal fore the U.S. Supreme Court. Federal judge is to say, as Chief Jus- witch-hunt against President Bush’s federal Undeterred, PFAW and its allies also tice John Marshall said, ‘‘to say what judicial nominees has targeted its next vic- charge that Pryor believes in ‘‘states’ the law is,’’ then there are very few tim, and it is one of our own: Bill Pryor, the rights’’—their code words for racism. The candidates as qualified as William attorney general of Alabama. truth is that he believes in the Constitution. Pryor. Among those leading the charge against He has fought to protect the state’s treasury Being a good judge is not about doing Pryor is the mis-named group People For the from lawsuits that would have taken our tax American Way. This should be no surprise; dollars away from the state—away from sal- what is popular, and it is not for sure PFAW has led vicious attacks against Attor- aries for teachers and medical care for poor about giving in to liberal special inter- ney General John Ashcroft, Justice Clarence people. est groups, and it certainly is not Thomas, Priscilla Owen, Miguel Estrada and It is the job of an attorney general to de- about legislating the left-wing’s agenda numerous other Republican nominees. fend his client—the state. In fact, the key from the bench. Being a good judge is PFAW is a radical leftist group that has Supreme Court case on defending a state about fairly applying the law, fairly supported broad court protection for child from lawsuits was won not by Pryor, but by applying the law no matter who the pornography; burning the American flag, and Democratic Attorney General Bob person is, no matter how unpopular the publicly funded art portraying the Virgin Butterworth of Florida. Mary splattered with elephant dung. Most Democratic attorneys general like Eliot cause or the argument being advocated recently, PFAW helped coordinate protests Spitzer of New York, Jim Doyle of Wisconsin is. It is not the role of a judge, nor against the war in Iraq—the war in which and others have all made the same argu- should it ever be the role of a judge, to some Alabamians gave their lives for their ments to defend their state budgets. I guess serve as a puppet to the popular posi- country. they are all ‘‘right-wing extremists,’’ too. tion. That is what William Pryor has PFAW is funded by the pornography indus- PFAW and its allies have also attacked built his career on—the rule of law, entry and Hollywood radicals, including Play- Pryor for being extremist on abortion rights. forcing the law, carrying out the law. boy magazine, the Screen Actors Guild, and As a dedicated Roman Catholic, Bill Pryor the Center for Alternative Media & Culture. loves kids and is against abortion, no doubt I know that is what William Pryor (And they call Bill Pryor an extremist.) about it. will continue to do when he is finally PFAW asserts that Pryor’s appointment But even though he disagrees with abor- confirmed by this Senate for the Elev- would devastate civil rights. What its people tion, he instructed Alabama’s district attor- enth Circuit Court of Appeals.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6267 I yield the floor. prevented him from receiving the Sen- structed interviewees that they did not The PRESIDING OFFICER. The Sen- ate support needed for confirmation, have to answer questions from the mi- ator from Massachusetts. President Bush made an end-run nority investigator, or comply with Mr. KENNEDY. Mr. President, I un- around the constitutional system of document requests from the minority. derstand we are under a time consider- checks and balances by giving him a As a result, all of the committee ation. I believe I have half an hour. Is recess appointment during a brief Sen- Democrats, having considered the in- that correct? ate recess that was, in all likelihood, formation available up to that point, The PRESIDING OFFICER. The Sen- an unconstitutional use of the recess wrote to the chairman and informed ator is correct. appointment power. him that the investigation was pro- Mr. KENNEDY. Will the Chair re- In the last Congress, some Members ducing serious and disturbing informa- mind me when I have 5 minutes re- of the majority presented a version of tion, that it would require substantial maining? the history of the nomination and the additional time, that his investigators The PRESIDING OFFICER. The committee’s investigation which did were interfering with it, and that after Chair will do that. not comport with the facts. The his- it was complete, the minority members Mr. KENNEDY. Mr. President, I urge tory is important, because it shows would want to question the nominee my colleagues to oppose Mr. Pryor’s that Democrats have in fact acted ex- under oath. nomination. Contrary to the wide- peditiously and responsibly, and that The Republican staff had offered in- spread impression of a partisan break- the rush to judgment in the committee formal staff interviews with the nomi- down in the judicial nominations proc- in the last Congress was clearly an ef- nee before that time, but the Demo- ess, Democrats in this closely divided fort to cut off a needed further inves- cratic investigators had, as any serious Senate have sought to cooperate with tigation. investigator would, declined that offer the President on the issues. And we As the extraordinary rollcall vote in until the basic investigative work had have largely succeeded. We have con- the Judiciary Committee on July 23, been done. In any event, the Demo- firmed 210 of President Bush’s nomi- 2003 shows, every member of the minor- cratic members wanted to question the nees in the past 4 years; 96 percent of ity voted, ‘‘no, under protest for the nominee in person under oath at the the nominees have been confirmed. violation of Rule IV.’’ appropriate time. Only 10 nominees did not receive the Democrats did not invent the issue At the committee meeting to con- broad bipartisan support needed for that provoked such an unprecedented sider the issue, the chairman rejected confirmation, because their records protest. Years before Mr. Pryor’s nomi- the minority’s unanimous request out showed that they would roll back basic nation, lengthy articles in Texas and of hand. He insisted on a vote on the rights and protections. D.C. newspapers raised the question of nomination without completion of the Mr. Pryor’s nomination illustrates the propriety of the activities of the investigation and without further ques- the problems. His views are at the ex- Republican Attorneys General Associa- tioning of the nominee under oath. treme right wing of legal thinking. It tion. That was the situation when Senator is clear from his record that he does It was reported that the organization LEAHY invoked the committee’s rule IV not deserve confirmation to a lifetime sought campaign contributions to sup- to prevent a premature vote on the seat on an appellate court that often port the election of Republican attor- nomination. The party line vote was has the last word on vital issues for neys general, by arguing they would be 10–9. millions of people who live in Alabama, less aggressive than Democratic attor- The fact that no minority member Georgia, and Florida, the States that neys general in challenging business was among the 10 should have pre- comprise the Eleventh Circuit. interests for violations of the law. vented an immediate vote on the nomi- Mr. Pryor is no true conservative. He Some descriptions of this effort charac- nation and allowed the investigation to has sought to advance a radical agenda terized it as a ‘‘shakedown’’ scheme. continue. But the chairman refused to contrary to much of the Supreme The leaders of the association denied follow rule IV and insisted on an imme- Court’s jurisprudence over the last 40 the allegations, but refused to disclose diate vote. years, and at odds with important its contributors. They were able to The 9 Democrats on the committee precedents that have made our country maintain their secrecy by funneling all voted against reporting the nomina- more inclusive and fair. the contributions through an account tion, each noting an objection to the Mr. Pryor has fought aggressively to at the Republican National Committee violation of rule IV. undermine the power of Congress to that aggregated various kinds of State The 10 Republicans voted to report it, protect civil and individual rights. He campaign contributions, and avoided with one Republican stating that his has tried to cut back on the Family separate public reporting of the con- vote to report it did not mean he would and Medical Leave Act, the Americans tributions or the amount of their gifts. necessarily vote for the nominee on the with Disabilities Act, and the Clean The issue received significant press floor. He also stated that he would Water Act. He has been contemp- coverage during the 2002 Senate cam- want to review the results of the inves- tuously dismissive of claims of racial paign in Texas, especially after several tigation with the nominee before any bias in the application of the death Republican attorneys general de- Senate vote. penalty, and has relentlessly advocated nounced the association as fraught Despite the lack of cooperation from the use of the death penalty, even for with ethical problems. the majority staff, the minority staff persons with mental retardation. Mr. Because Mr. Pryor had been identi- attempted to obtain further informa- Pryor has even ridiculed the current fied publicly as a leader of the association, and did develop new information Supreme Court Justices, calling them tion’s efforts, and the ethical issues which expanded both the scope and the ‘‘nine octogenarian lawyers who hap- raised by it were obviously relevant to gravity of our original concerns. How- pen to sit on the Supreme Court.’’ He his qualifications, he was asked about ever, in the face of the majority’s re- even has his facts wrong. Only two of the issue at his nomination hearing fusal to cooperate, a further investiga- the nine Justices are 80 years old or and in written follow-up questions. His tion involving the witnesses was im- older. responses avoided the issue and raised possible. In addition to these serious sub- more questions than they answered. I mention this to make clear that the stantive concerns, his nomination was In July 2003, the Judiciary Com- matters raised by this investigation rushed through the Judiciary Com- mittee began a bipartisan investiga- are very serious, and we should not mittee in violation of the committee’s tion of the matter, in accordance with sweep these questions under the rug. rules, before the committee could com- an investigative plan provided to the We are not doing our job in reviewing plete its investigation of major ethical majority. No witnesses were ever ques- this nomination if we look the other questions raised by the nominee’s own tioned under oath as part of the inves- way in the face of these serious ethical testimony at his hearing and by his an- tigation, and in fact, the investigation questions. The Judiciary Committee swers and non-answers to the commit- was cut short by the committee major- should have completed the investiga- tee’s follow-up questions. When these ity almost as soon as it began. The Re- tion in 2003, reviewed its findings, serious problems in Mr. Pryor’s record publican investigator actually in- heard from the nominee under oath,

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6268 CONGRESSIONAL RECORD — SENATE June 9, 2005 and then decided whether he should be the courthouse stairs to reach the pub- ceives a lifetime appointment to the listed for debate and consideration. lic courtroom. In his brief in the case, Eleventh Circuit. Repeating that This year, when the committee again Mr. Pryor argued that Congress has no mantra again and again and again in considered Judge Pryor’s nomination, power to require States to make public the face of his extreme record does not the majority offered to permit a few facilities accessible to the disabled. He make it credible that he will do so. phone calls to witnesses whose tele- argued that denying access to court- His many inflammatory statements phone interviews were not completed houses does not violate the principle of show that he lacks the temperament to or who could not be found in 2003. That equal protection, because the disabled serve on the Federal court. He ridi- offer was appreciated, but, as was obvi- have no absolute right to attend legal culed the Supreme Court of the United ous from the first call, it was too little proceedings affecting their rights. States for granting a temporary stay of and too late. In arguing that the legislative his- execution in a capital punishment case. The well of evidence had been tory did not show a need for them to Alabama was one of only two States in poisoned by the majority investigator’s act, Mr. Pryor dismissed congressional the Nation that uses the electric chair negative statements to witnesses in findings of discrimination against the as its sole method of execution. The 2003, and now it would take an even disabled, and evidence that the Univer- Supreme Court granted review to de- more concerted inquiry to elicit the sity of Georgia had located its office of termine whether the use of the electric full story from witnesses who were ad- handicapped services in an inaccessible chair was cruel and unusual punish- verse to begin with. Nevertheless, be- second-floor room. According to Mr. ment. cause some day that story will prob- Pryor, such ‘‘anecdotes provide no indi- For Mr. Pryor, however, the Court ably come out, this aspect of the nomi- cation of the extent of the inacces- should not even have paused to con- nation remains a ticking-ethical time sibility, or whether the inaccessibility sider the Eighth Amendment. He said bomb. lacked a rational basis and was there- the issue: should not be decided by nine The rush to judgment on this nomi- fore unconstitutional.’’ That is non- octogenarian lawyers who happen to nation is particularly troubling, given sense. It is obvious that the wording of sit on the Supreme Court. This does the serious substantive problems in Mr. this legislative history clearly de- not reflect the thoughtfulness we seek Pryor’s record. His supporters say that scribes the extent of the inacces- in our Federal judges. his views have gained acceptance by sibility. And there is no rational jus- He is dismissive of concerns about the courts, and that his legal positions tification for a State university to put fairness in capital punishment and the are well within the legal mainstream, an office serving disabled students in possible execution of persons who are but many disagree. Mr. Pryor has con- an inaccessible second-floor location. innocent. He has stated: make no mis- sistently advocated to narrow indi- The Supreme Court also rejected Mr. take about it, the death penalty mora- vidual rights and freedoms far beyond Pryor’s radical view of what con- torium movement is headed by an ac- what any court in this land has been stitutes cruel and unusual punishment tivist minority with little concern for willing to hold. in the use of the death penalty. It re- what is really going on in our criminal The Supreme Court rejected his argu- jected his argument that executing re- justice system. ment that States could not be sued for tarded persons does not offend the On the issue of women’s rights, Mr. money damages for violating the Fam- eighth amendment. The Eleventh Cir- Pryor has criticized constitutional pro- ily and Medical Leave Act. Had Mr. cuit, a court dominated by conserv- tections against gender discrimination. Pryor prevailed, it would have been far ative, Republican appointees, later He dismissed as ‘‘political correctness’’ more difficult to protect workers who unanimously rejected Mr. Pryor’s at- the Supreme Court’s decision that a need time off because of their own tempt to evade the Supreme Court’s State-run military academy could not health problems or to care for a loved decision. He had tried to prevent a pris- deny admission to women because of one. oner with an IQ of 65, who even the stereotypes about how women learn. The Supreme Court also rejected Mr. prosecution agreed was mentally re- In a 1997 statement to Congress, Mr. Pryor’s sweeping argument that Con- tarded, from raising a claim that he Pryor opposed section 5 of the Voting gress lacked authority to pass the should not be executed. Rights Act, which has been indispen- Clean Water Act’s protections for wet- The Supreme Court also rejected his sable in ensuring that all Americans lands that are home to migratory attempt to limit the right to counsel have the right to vote, regardless of birds. for the poor. Mr. Pryor argued that the race or ethnic background. He called The Court rejected his argument that poor have no right to counsel in mis- this important law an affront to fed- States should be able to criminalize demeanor cases, even if they risk im- eralism and an expensive burden that private sexual conduct between con- prisonment if found guilty. He told the has far outlived its usefulness. senting adults. It rejected his far- Court during oral argument that it is In March, we commemorated the 40th reaching argument that counties reasonable for the State to preserve its anniversary of Bloody Sunday, in should have the same immunity from own resources, just as a more affluent which Martin Luther King, Congress- lawsuits that Sates have. It rejected defendant would preserve its resources man JOHN LEWIS, and others were bru- his argument that the right to counsel and not incur the cost of counsel in tally attacked on a peaceful march in does not apply to defendants with sus- this kind of circumstance. The Su- Mr. Pryor’s home State of Alabama pended sentences of imprisonment. It preme Court held that the right to while supporting the right to vote for rejected his argument that it was con- counsel when the accused faces possible all Americans, regardless of race. Yet stitutional for Alabama prison guards imprisonment is more important than we are now being asked by the adminis- to handcuff prisoners to hitching posts Mr. Pryor’s financial concern. tration to confirm a nominee who op- for hours in the summer heat. Again and again, his far-reaching ar- poses the Voting Rights Act. Mr. Pryors opposition to the rights of guments like these have been rejected The Supreme Court has repeatedly the disabled is particularly disturbing. by the courts. Mr. Pryor is not a nomi- upheld the constitutionality of section In one case, in an opinion Justice nee within the legal mainstream. 5, but Mr. Pryor’s derisive state- Scalia, the Supreme Court unani- He and his supporters pretend that he ments—criticizing both the act and the mously rejected his argument that the is only ‘‘following the law,’’ but in fact Supreme Court itself—give no con- Americans with Disabilities Act does Mr. Pryor repeatedly tried to make dif- fidence that he will enforce the law’s not apply to State prisons. ferent law, using the Alabama Attor- provisions. There is too much at stake In another case, the Supreme Court ney General’s office as a political plat- to risk confirming a judge who would rejected his view that provisions of the form for his own radical agenda. turn back progress on protecting the act ensuring that those with disabil- We are expected to believe that de- right to vote. ities have access to public services are spite the intensity with which he has It is no surprise that this nomination unconstitutional. In that case, a plain- advocated for these radical legal posi- is opposed by leaders of the civil rights tiff who uses a wheelchair had chal- tions and the many years he has de- movement, including the Reverend lenged the denial of access to a public voted to dismantling basic rights, he Fred Shuttlesworth, a leader of the courthouse. He had refused to crawl up will start to ‘‘follow the law’’ if he re- Alabama movement for civil rights,

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6269 the Reverend C.T. Vivian, and many of Mr. President, I have, I believe, just They were going to use that $130 bil- Dr. Martin Luther King’s other close a few minutes left. How much time do lion to educate primarily teenagers, advisors and associates. I have? primarily teenage girls. Four thousand It is clear that Mr. Pryor sees the The PRESIDING OFFICER. The Sen- teenagers start smoking every day, and Federal courts as a place to advance ator has 7 minutes. 2,000 become addicted. Try to educate his political agenda. When President Mr. KENNEDY. Mr. President, I have them with $130 billion? What happened Bush was elected in 2000, Mr. Pryor pointed out at other times in recent to the Justice Department? They threw gave a speech praising his election as days that we have been tied up with in the towel. You would think we the ‘‘last best hope for federalism.’’ He these Federal judges—the handful of would talk about that. ended his speech with these words—a Federal judges who will have enormous That is in this last week. These ‘‘prayer for the next administration: impact in terms of our court systems— issues affect middle-income working Please God, no more Souters.’’ He was we have been tied up with this issue for families, and what do we spend our referring to Justice Souter, a Repub- weeks and weeks when this President time on here in the Senate for the last lican nominee to the court, whose opin- could have appointed, as I mentioned 6, 7, 8, 9 weeks? Debating these judges, ions Mr. Pryor apparently disagreed in the final moments of my speech, when we know if we had a President with. outstanding, distinguished jurists who who would offer nominees in the main- In another speech, he said he was could have gone through here like 95 or stream of judicial thinking, those indi- thankful for the Bush v. Gore decision. 96 percent of the other nominees. viduals would be confirmed, like 96 per- I wanted Governor Bush to have a full While we have been taking weeks and cent of them were. Then perhaps we appreciation of the judiciary and judi- weeks, let me just mention a few of the would have a chance to do something cial selection so we can have no more things that have been happening that that has been talked about on every appointments like Justice Souter. are affecting real American families. front page of every newspaper just this Some have argued that Mr. Pryor’s Let’s just take the last week, for exam- last week and that affects in a very record in his year as a recess appointee ple. Let’s take the New York Times real and important way the quality of on the Eleventh Circuit somehow last Sunday: life of children in this country, work- erases his long career of opposition to Tax Laws Help to Widen the Gap at the ing families, and retirees. fundamental rights. The fact that Mr. Very Top. The share of the Nation’s income Finally, I think I join with Senator Pryor has voted with other judges dur- earned by those in the uppermost category LEVIN and Harry Reid, wondering why ing the period when he was temporarily has more than doubled since 1980. in the world next week we are not appointed to the court says nothing There is a long article about what is going to be considering the Defense Au- about what he would do if given a life- happening in our country between the thorization bill instead of going to the time appointment and the freedom working families, middle-income fami- Energy bill. We need an energy bill but, from Senate oversight. It is no wonder lies, and the super-wealthy, and the as has been pointed out by the sup- that he might be cautious when he reasons for it. Are we debating or con- porters of the Energy bill, passage of only has a temporary appointment to sidering or thinking about doing any- that bill will not reduce the gas price the court. We should not be swayed by thing about that? No, not the Senate. by 1 cent. The Defense Authorization ‘‘confirmation conversions,’’ and espe- Here is Monday, New York Times: bill will send a very clear message cially not by ‘‘recess appointment con- College Aid Rules Change and Families about our commitment on death bene- versions.’’ Pay More. fits, on uparmoring humvees, on look- My colleagues on the other side have Are we doing anything about that ing after families in terms of health in- brought up every argument they could this week? Are we having a debate on surance—all of these issues that are find to save him. His record is full of that issue, about what we can do to out there. We would send a very clear examples of extreme views, and they make college tuition more available to message that the Senate of the United try to rebut each one. They call Senate families here in the United States? No, States is behind that reauthorization. Democrats and citizens who question no. That is not on the agenda. We may have our questions about Iraq Mr. Pryor’s fitness—including more Then look at Tuesday: policy, but everyone in this body sup- than 204 local and national groups—a Pension Law Loopholes Help United Hide ports our troops. Why aren’t we consid- variety of names. They even accuse us Its Troubles. ering the Defense Authorization bill? of religious bias. Loopholes in the federal pension . . . allow These are some of the concerns many They claim that those who oppose United Airlines to treatment its pension of us have who think this Senate is not Mr. Pryor’s nomination do so because fund . . . solid for years when in fact it was meeting its responsibilities to the dangerously weakened. of his faith. That’s ridiculous given the American people or to our national se- record. Such a claim is unworthy of the And it basically collapsed. curity and defense. Senate. Most of us would have had no Pensions, retirement for working I yield the floor. idea what religious views are held by families, a matter of principal concern I suggest the absence of a quorum. Pryor, or any other nominee, if Repub- for millions of our workers—are we The PRESIDING OFFICER. The licans had not raised the issue. doing very much about that on the clerk will call the roll. The real question is why, when there floor of the Senate? No. The assistant bill clerk proceeded to are so many qualified Republican at- Wednesday: call the roll. torneys in Alabama, the President G. M. Will Reduce Hourly Workers by Mr. SPECTER. Mr. President, I ask would choose such a divisive nominee? 25,000. General Motors said Tuesday it will unanimous consent the order for the Why pick one whose record raises so cut 25,000 from its blue collar workforce. quorum call be rescinded. much doubt as to whether he will be We don’t have a silver bullet to an- The PRESIDING OFFICER. Without fair? Why pick one who can muster swer that, but don’t we think we objection, it is so ordered. only a rating of partially unqualified should be thinking about, if we lost Mr. SPECTER. Mr. President, I have from the American Bar Association? 25,000 workers, what we ought to do sought recognition to support the nom- At stake is the independence of our and what we might do in terms of help- ination of Judge William H. Pryor, Jr., Federal courts. We count on Federal ing working families and looking at an to be a judge for the Eleventh Circuit. judges to be intelligent, to have the industry? That was Wednesday. It has been divided. highest integrity, to be open-minded. Here we have Thursday, front-page Judge Pryor comes to this position Most of all, we count on them to treat story: with a very distinguished record. He everyone fairly and not to prejudge a Limit for Award in Tobacco Case Set Off graduated from Northeast Louisiana case based on ideology. Mr, Pryor is Protests. University in 1984, magna cum laude; free to pursue his agenda as a lawyer or The Justice Department’s decision to from the Tulane University School of as an advocate, but he does not have seek $10 billion instead of what the pro- Law in 1987, again magna cum laude; the open-mindedness and fairness need- fessional attorneys in the Justice De- was editor-chief of the Law Review of ed to be a Federal judge, and I urge my partment said that they should, $130 the Tulane University School of Law, colleagues to defeat this nomination. billion. which is no minor achievement. There

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6270 CONGRESSIONAL RECORD — SENATE June 9, 2005 are not too many editors-in-chief Why do you consider it an abomination, liberty, Benning v. Georgia, also de- around. That is quite an accomplish- Attorney General Pryor? cided in the year 2004. A case illus- ment. So the academic career is really And he responded: trating Judge Pryor’s protection of extraordinary. Well, I believe that not only is the case un- civil rights in the case of Wilson v. B/ Following graduation from law supported by the text and structure of the E Aerospace, Incorporated. A case school, he was law clerk to Judge John Constitution. But it has led to a morally which involved a district court’s dis- Minor Wisdom for the Court of Appeals wrong result. missal of a female employee’s gender for the Fifth Circuit, a very distin- And he goes on to give his reasons for discrimination claims. Judge Pryor re- guished jurist. A I speak on this sub- his conclusion. instated her claim of bias as to project, the Presiding Officer is Senator He was very candid, very steadfast, motion and remanded back to the dis- LAMAR ALEXANDER, who, as I recollect, and stood up to what he had said and trict court. was also a law clerk to Judge John was not running from it. By way of amplification of the case I Minor Wisdom and, on the rec- Later, he made it plain he would referred to on Benning v. Georgia, that ommendation of Senator ALEXANDER, abide by the law of the land, that his involved a situation when the Georgia he spoke very highly of William Pryor, personal views of Roe v. Wade were not prison system refused an inmate’s re- the people who knew him in a very dis- determinative. The record shows my quest to practice his Jewish faith. tinguished clerkship, one of America’s own view has been to uphold the Su- Judge Pryor enabled the prisoner to great, historical jurists. Bill Pryor was preme Court decision in Roe v. Wade, a continue to worship in his preferred his law clerk. subject I will not discuss as to my own manner. He then had a distinguished record in views, but I respect a difference of The case involving Sarmiento- the practice of law, working for the opinion. Cisneros, where Judge Pryor ruled pro- firm of Cabaniss, Johnston, Gardner, In looking for the confirmation of a tecting immigrants’ rights, involved a Dumas & O’Neal; was an adjunct pro- Federal judge, the issue is, will he fol- Mexican immigrant who desired to re- fessor at the Samford University, Cum- low the law of the land. He said he main in the United States with his berland School of Law; and came back would and said so very emphatically on family. Judge Pryor vacated the depor- into the practice of law for 4 more the record. tation order, enabling the family to re- years with Walston, Stabler, Wells, An- On March 3 of this year, I wrote to main together, and brought a common- derson & Bains. Then, from 1995 to 2004, Senator REID because this question had sense interpretation to a harsh ruling he was Deputy Attorney General and come up. I cited the applicable page of by the Bureau of Immigration and Cus- also Attorney General of the State of the RECORD June 11, page 45 of the toms Enforcement. Alabama and has been on the U.S. Cir- transcript where the following ex- The case of Brown v. Johnson is an cuit Court for the Eleventh Circuit now change occurred: illustration of Judge Pryor’s judgment for a year, having obtained an interim Chairman HATCH. So even when you dis- and decision in protecting prisoners’ appointment from President Bush. agree with Roe v. Wade you would act in ac- rights. Judge Pryor recognized the Judge Pryor has been criticized for cordance with Roe v. Wade on the Eleventh need for improvement in the treatment his views, expressed very forcefully, in Circuit Court of Appeals? of an inmate afflicted with HIV and opposition to the decision of the Su- Mr. PRYOR. Even though I strongly dis- concluded that prison officials were not preme Court of the United States in agree with Roe v. Wade I have acted in ac- sufficiently concerned about the seri- cordance with it as Attorney General and ous medical needs under the Eighth Roe v. Wade. The quotation attributed would continue to do so as a Court of Ap- to him was that it was the ‘‘worst and 14th Amendments. peals judge. Judge Pryor also stood by the peti- abomination of constitutional law in Chairman HATCH. Can we rely on that? our history,’’ which is pretty strong Mr. PRYOR. You can take it to the bank, tioner, permitting him to proceed in language. That is about as strong as Mr. Chairman. forma pauperis. Judge Pryor has faced, in his capac- you can get. Again, that is about as emphatic as ity as Attorney General of Alabama, The issue is not what is his personal you can be on that subject. view of Roe v. Wade. The issue is what During the course of Judge Pryor’s quite a number of situations where he would he do as a circuit court of ap- tenure on the Court of Appeals, he has took positions which were very un- peals judge when faced with the respon- handed down quite a number of opin- popular politically and contrary to his sibility to uphold the law of the land, ions which show maturity, which show own views, but did so because of his de- of the Supreme Court. growth, and which undercut many of termination and his recognition that This subject came up during the con- the objections of his critics. he was supposed to uphold the law of firmation hearing of Judge Pryor be- I ask unanimous consent the relevant the land. In a very highly celebrated case na- fore the Judiciary Committee on June portions of the transcript I have just tionally and internationally, as Attor- 11, 2003. I propounded the following referred to from the Judiciary Com- ney General for Alabama he proceeded question to Judge Pryor: mittee hearing and the letter which I against Alabama Chief Justice Roy The Chairman [Senator HATCH at the time] sent to Senator REID dated March 3, Moore for refusing to remove the large has asked about whether you have made 2005, be printed in the RECORD at the depiction of the Ten Commandments some comments which you consider intem- conclusion of my statement. perate, and I regret I could not be here ear- The PRESIDING OFFICER. Without on display in the Alabama Supreme lier today, but as you know, we have many objection, it is so ordered. Court after the Federal courts ruled conflicting schedules. But I note the com- the display was unconstitutional. In ment you made after Planned Parenthood v. (See exhibit 1.) Mr. SPECTER. Shortly after becom- that case, Judge Pryor commented Casey, where you were quoted as saying— that his personal beliefs were contrary first I would ask you if this is accurate. I ing chairman of the Judiciary Com- have seen a quote or two not accurate. ‘‘In mittee, within a week, by memo- to what he was ruling. He took a lot of the 1992 case of Planned Parenthood v. Casey randum dated January 12 of this year, criticism from his Alabama constitu- the Court preserved the worst abomination I sent to all members of the Judiciary ency and when asked about his decision of constitutional law in our history,’’ . . . is Committee a memorandum including to enforce the law against Alabama that an accurate quotation of yours? Chief Justice Moore, Judge Pryor stat- Mr. PRYOR. Yes. summaries of some of Judge Pryor’s statements which I thought merited ed: It is pretty hard to get a simple an- analysis and reconsideration by those This was not a tough call. I believe that swer of a witness anywhere and I ap- who had opposed him in the past. our freedom depends on the rule of law. The preciated that kind of brevity. reason the American experiment has been I continued: Those opinions included the decision in successful is because we are a nation of laws DIRECTV v. Treworgy, where Judge Senator SPECTER. Is that one which would and not of men. No person is above the law. fall into the category that Senator Hatch Pryor ruled against a major satellite We have to abide by the law even when we has commented on, you wish you had not transmission corporation, instead sid- disagree with it. That is the guiding prin- made? ing with a private citizen to shield him ciple of my public service. Mr. PRYOR: No, I stand by the comment. from liability. Also, a case on Judge Hard to structure a response better Then I asked: Pryor’s decision protecting religious than that. Cannot do any better than

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6271 that, when you say you disagree with Then when we Republicans won the to my role as Attorney General and my oath something and you disagree strongly, election in 1994, for the last 6 years of of office to defend a law recently passed by but you recognize your obligation to the Clinton administration we slowed the legislature. Senator SPECTER. When you talk about enforce the law. down the process and tied up some 70 post-viability and you have the categoriza- On other occasions, then-Attorney judges in committee, a practice that I tion of partial birth or late-term abortion, is General Pryor set aside personal beliefs objected to at the time, and supported not that statute necessarily directed toward and instructed State law enforcement Judge Paez and Judge Berzon and oth- post-viability? officials to enforce the Supreme Court ers. Then the controversy was Mr. PRYOR. That was one of the main argu- rulings. Shortly after the U.S. Supreme ratcheted up with the unprecedented ments I made in construing it, but if you Court issued its ruling in Lawrence v. look at the actual language— systematic filibustering of judges, and Senator SPECTER. Well, I asked you that Texas, he released a press statement then the unprecedented move by Presi- question as to whether there was a basis for through the Web site of the Office of dent Bush in the interim appointment, construing it to the contrary. When you talk Attorney General saying that in light after the Senate rejected a judge, al- about partial birth abortion, we are talking of the Supreme Court ruling in Law- beit by the route of not getting clo- about an event in the birth canal which is rence: ture. definitely post-viability. When you talk the law of Alabama . . . which prohibits con- My time has expired, and I note the about late-term abortion, we are also talking sensual sodomy between unmarried persons, presence of the distinguished Demo- about post-viability. So aside from having some people who will raise a question about is now unenforceable. cratic leader, so I yield the floor in Similarly, after the Supreme Court anything, whether there is a question to be midsentence, Mr. President. raised or not, was it not reasonably plain on ruled in Stenberg v. Carhart, which EXHIBIT 1 the face of the statute that they were talk- struck down a Nebraska law prohib- Senator SPECTER. The Chairman has asked ing about post-viability? iting partial-birth abortion, then-At- about whether you have made some com- Mr. PRYOR. No, I don’t think anyone would torney General Pryor issued a statements which you now consider intemperate, contend life. I believe that abortion is mor- ment to State officials saying State of- and I regret, that I could not be here earlier ally wrong. I’ve never wavered from that, ficials ‘‘are obligated to obey the today, but as you know, we have many con- and in representing the people of Alabama, I Stenberg ruling until it is overruled or flicting schedules. But I note the comment have been a candid, engaged Attorney Gen- you made after Planned Parenthood v. Casey, eral, who has been involved in the type of— otherwise set aside.’’ Chairman HATCH. What does that mean Judge Pryor’s record shows commit- where you were quoted as saying—first I would ask you if this quote is accurate. I with regard to the Eleventh Circuit Court of ment to improving race relations and Appeals? If you get on that court, how are protecting racial equality. As attorney have seen a quote or two not accurate. ‘‘In the 1992 case of Planned Parenthood v. Casey you going to treat Roe v. Wade? Mr. PRYOR. Well, my record as Attorney general, Judge Pryor worked with the Court preserved the worst abomination General shows that I am able to put aside my President Clinton’s U.S. attorney Doug of constitutional law in our history,’’ close personal beliefs and follow the law, even Jones to prosecute former klansmen quote. Is that an accurate quotation of when I strongly disagree with it, to look who bombed Birmingham’s 16th Street yours? carefully at precedents and to do my duty. Baptist Church in the 1960s which re- Mr. PRYOR. Yes. That is the same duty that I would have as sulted in the death of four young girls. Senator SPECTER. Is that one which would fall into the category that Senator Hatch a judge. Now, as an advocate for the State of He helped to start a drive to rid the Alabama of course I have an obligation to Alabama Constitution of its racist pro- has commented on, you wish you had not made? make a reasonable argument in defense of hibition on interracial marriage and Mr. PRYOR. No, I stand by that comment. the law, but as a judge I would have to do my then stepped up to head the effort to Senator SPECTER. Why do you consider it best to determine from the precedents what end the ban, ultimately to its victory an abomination, Attorney General Pryor? the law actually at the end of the day rein November of 2000. Mr. PRYOR. Well, I believe that not only is quires. My record demonstrates that I can do He dedicated much of his career to the case unsupported by the text and struc- that. Chairman HATCH. So even though you dis- protecting the interests and the safety ture of the Constitution, but it had led to a morally wrong result. It has led to the agree with Roe v. Wade you would act in, ac- of women. As Attorney General, he cordance with Roe v. Wade on the Eleventh supported and lobbied for legislation slaughter of millions of innocent unborn children. That’s my personal belief. Circuit Court of Appeals? that created a State crime of domestic Senator SPECTER. With that personal be- Mr. PRYOR. Even though I strongly dis- violence. lief, Attorney General Pryor, what assur- agree with Roe v. Wade I have acted in ac- I ask unanimous consent the sum- ances can you give to the many who are rais- cordance with this as Attorney General and maries of the cases which I referred to ing a question as to whether when you char- would continue to do so as a Court of Ap- previously be printed in the RECORD, acterized it an abomination and slaughter, peals Judge. that you can follow a decision of the United Chairman HATCH. Can we rely on that? with a pertinent letter, at the conclu- Mr. PRYOR. You can take it to the bank, States Supreme Court, which you consider sion of my remarks. Mr. Chairman. The ACTING PRESIDENT pro tem- an abomination and having led to slaughter? Mr. PRYOR. I would invite anyone to look pore. Without objection, it is so or- U.S. SENATE, at my record as Attorney General, where I’ve COMMITTEE ON THE JUDICIARY, dered. done just that. We had a partial birth abor- Washington, DC, March 3, 2005. (See exhibit 2.) tion law in our State that was challenged by Hon. HARRY REID, Mr. SPECTER. In conclusion, it is a abortion clinics in Alabama in 1997. It could Minority Leader, U.S. Senate, Hart Senate Of- very healthy situation in that we are have been interpreted broadly or it could fice Building, Washington, DC. now proceeding to take up these nomi- have been interpreted narrowly. I ordered DEAR SENATOR REID: When we talked ear- nees individually. That is something the district attorneys of Alabama to give it lier this week, we discussed the question of which I had sought to do since taking its narrowest construction because that was whether or not Judge Pryor had testified over the chairmanship of the Judiciary based on my reading of Roe and Casey. I or- that he would follow Roe v. Wade. I have had Committee. We have moved ahead now dered the district attorneys to apply that the transcript reviewed from Judge Pryor’s with three controversial nominees. It law only to post-viable fetuses. I could have hearing on June 11, 2003. I think that you is my hope we will continue to take up read it easily more broadly. The governor will find the following exchange between who appointed me was governor at the time these nominees, one at a time, and Senator Hatch and Judge Pryor, which can and a party to the lawsuit, disagreed with be found on page 45 of the transcript, disposi- evaluate them on their merits. me and openly criticized me. A pro-life activ- As I have said in a number of floor tive: ist in Alabama criticized me. But I did it be- Chairman HATCH: So even though you dis- statements, we have reached the cur- cause I thought that was the right legal deci- agree with Roe v. Wade you would act in ac- rent confrontation because of a prac- sion. I still had an obligation to defend Ala- cordance with Roe v. Wade on the Eleventh tice which goes back almost 20 years, bama law. This was a recently-passed Ala- Circuit Court of Appeals? starting with the last 2 years of the bama law. When the Supreme Court of the Mr. PRYOR: Even though I strongly dis- Reagan administration and continuing United States later of course struck down agree with Roe v. Wade I have acted in ac- with 4 years of President Bush, and this kind of partial birth abortion law, we cordance with it as Attorney General and conceded immediately in district court that when the Democrats took control of would continue to do so as a Court of Ap- the decision was binding, but until then I peals Judge. the Senate and the Judiciary Com- was making the narrowest argument I could Chairman HATCH: Can we rely on that? mittee, they stopped the processing of make, trying to be faithful to the Supreme Mr. PRYOR: You can take it to the bank, judges and slowed it down. Court’s precedent, while also being faithful Mr. Chairman.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6272 CONGRESSIONAL RECORD — SENATE June 9, 2005 I am enclosing a copy of the transcript. remedies for the elderly, disabled and other Background: Jose Sarmiento-Cisneros was Sincerely, victims of discrimination. an alien from Mexico who was deported and ARLEN SPECTER. Background: Ralph Benning, an inmate in then reentered the United States illegally, the Georgia prison system, asserted that as a married an American citizen, and then ap- EXHIBIT 2 ‘‘Torah observant Jew’’ he was being pre- plied for an adjustment of status before the vented from fulfilling his religious duties, U.S. SENATE, effective date of 8 U.S.C. 1231(a)(5). The Bu- such as eating only kosher food, and wearing COMMITTEE ON THE JUDICIARY, reau of Immigration and Customs Enforce- Washington, DC, January 12, 2005. a yarmulke. Georgia moved to dismiss and ment (BICE) sought to reinstate a removal argued that § 3 of The Religious Land Use TO MEMBERS OF THE SENATE JUDICIARY order under 8 U.S.C. 1231(a)(5) and argued and Institutionalized Persons Act (RLUIPA) COMMITTEE: As you know, Judge William that the statute’s provisions barring an alien Pryor has been sitting on the United States exceeds the authority of Congress under the from filing an application for discretionary Spending and Commerce Clauses, and vio- Court of Appeals for the Eleventh Circuit for relief apply retroactively. lates the Tenth Amendment and the Estab- the past eleven months. The President has Holding: After examining the statute, lishment Clause. RLUIPA imposes strict stated his intention to re-submit Judge Pry- Judge Pryor, writing for the Eleventh Cir- scrutiny on federally funded programs or ac- or’s name for confirmation to the Eleventh cuit, joined five other circuits in concluding tivities that burden the religious rights of Circuit. In light of his expected renomina- that 8 U.S.C. 1231(a)(5) does not apply retro- institutionalized persons. actively. The court therefore granted the pe- tion, I have asked my staff to examine Judge Holding: The Eleventh Circuit, Judge Pryor’s Eleventh Circuit opinions. tition for review and vacated the BICE de- Pryor writing, rule that Congress did not ex- portation order. Sarmiento Cisneros was I thought you might be interested in know- ceed its authority under the Spending Clause ing some more about these opinions. In par- thus able to enjoy discretionary relief avail- in enacting § 3 of RLUIPA. The court held able to him prior to the BICE’s rescission of ticular, I’d like to bring to your attention that Congress’ spending conditions need several opinions that demonstrate Judge the previously granted relief. meet only a ‘‘minimal standard of ration- Protecting Prisoners’ Rights: Brown v. Pryor’s willingness to protect the rights of ality.’’ The court found that protecting reli- Johnson, 387 F.3d 1344 (11th Cir. 2004). individuals often overlooked in the legal sys- gious exercise of prisoners is a rational goal, Judge Pryor recognized the need for im- tem. It is my hope that these opinions and and the United States ‘‘has a substantial in- proved treatment for an inmate afflicted his record on the Eleventh Circuit for the terest in ensuring that state prisons that re- with HIV, concluding that prison officials past eleven months will be considered by the ceive federal funds protect the federal civil were indifferent to his serious medical needs Committee on evaluating him on his re-nom- rights of prisoners.’’ The Eleventh Circuit under the Eighth and Fourteenth Amend- ination. also concluded that the statute did not vio- ments. Sincerely, late the Tenth Amendment by infringing on Judge Pryor not only stood up for the pris- ARLEN SPECTER. areas reserved to the states, nor did it vio- oner, but enabled him to proceed in forma late the Establishment Clause. Judge Pryor pauperis. MEMORANDUM further recognized that, ‘‘given the nec- Background: John Brown, a prisoner in the During his tenure on the Eleventh Circuit essarily strict rules that govern every aspect Georgia State Prison, had been prescribed Court of Appeals, Judge William Pryor has of prison life, the failure of prison officials to medication for HIV and hepatitis. Two authored several opinions demonstrative of accommodate religion, even in the absence months after this prescription had been his willingness to protect the rights of those of RLUIPA, would not be neutral; it would be granted, a different doctor ceased treatment. often overlooked in the legal system. hostile to religion.’’ Eight months later, Brown filed a § 1983 Standing up to Corporations: DIRECTV, Protecting Civil Rights: Wilson v. B/E Aero- claim against the second doctor and the Inc. v. Treworgy, 373 F.3d 1124 (11th Cir. 2004) space, Inc., 376 F.3D 1079 (11th Cir. 2004) Medical Administrator for the Georgia State Judge Pryor ruled against a major sat- When the district court dismissed a female Prison alleging deliberate indifference to his ellite-transmission corporation, siding in- employee’s gender discrimination claims, serious medical needs in violation of the due stead with a private citizen to shield him Judge Pryor reinstated her claim of bias as process clause of the Fourteenth Amendment from liability. to a promotion, and remanded back to the and the Eighth Amendment. Additionally, Background: DIRECTV (DTV), a provider district court. Brown filed a petition to proceed in forma Background: Loretta Wilson filed an em- of satellite television, encrypts trans- pauperis. missions of pay-per-view and premium pro- ployment discrimination action against B/E Procedural Summary: The Prison Litiga- gramming. The security encryption can be Aerospace, Inc. (B/E) alleging sex discrimination Reform Act (PLRA) establishes the pro- illegally circumvented by using ‘‘pirate action in violation of Title VII of the Civil cedures for courts to use to assess prisoner cess devices,’’ which allow users to intercept Rights Act of 1964, as amended in 42 U.S.C. complaints brought in forma pauperis. The and decrypt DTV’s transmissions. Mike sections 2000e et seq., and the Florida Civil provision of the PLRA in question, 28 U.S.C. Rights Act, Fla. Stat. sections 760.01 et seq. Treworgy bought two pirating cards, which section 1915(g) (often referred to as the She claimed that B/E discriminated against enable someone with a satellite dish to re- ‘‘three strikes rule’’), bars a prisoner from her on the basis of sex by not promoting her ceive signals without paying for the service. proceeding in forma pauperis after he has to the position of Site Vice President and by There was no evidence that Treworgy actu- filed three meritless lawsuits, unless the later terminating her. ally intercepted a signal wth his cards. DTV Procedural Summary: B/E filed a motion prisoner is in imminent danger of serious sued Treworgy for possessing these devices for summary judgment at the conclusion of medical injury. A magistrate judge rec- under the Electronic Communications Pri- discovery. The district court granted the mo- ommended that Brown’s petition to proceed vacy Act of 1986 (Wiretap Act), which crim- tion in its entirety finding that Wilson failed in forma pauperis be denied and that his inalizes the intentional manufacture, dis- to both provide direct evidence of discrimi- complaint be dismissed without prejudice be- tribution, possession and advertising of pi- nation and establish a prima facie case of cause Brown had filed at least three racy devices. Treworgy argued that the Wire- discrimination. meritless lawsuits previously, and had not tap Act did not create a private right of ac- Holding: Judge Pryor, writing for the Elev- met the imminent physical injury exception. tion against persons merely in possession of enth Circuit, allowed Wilson’s case to pro- Brown then filed timely objections to the access devises. ceed against the corporation. Focusing on recommendation and he filed a motion to Holding: The Eleventh Circuit, Judge the two distinct types of conduct alleged— amend his complaint. The district court de- Pryor writing, held that DTV did not have a discrimination in promotion and discharge— nied Brown’s motion to amend his complaint private right of action against Treworgy for the court concluded that an admission by a because the complaint was subject to ‘‘three mere possession of intercepting technology, supervisor at B/E that Wilson was ‘‘the obvi- strikes’’ dismissal. Subsequently, the dis- and required that the device must have been ous choice’’ and the ‘‘most qualified’’ for the trict court adopted the recommendation of used to pirate programming before private then-pending promotion created a genuine the magistrate judge and dismissed Brown’s rights of action arise. ‘‘Congress chose to issue of fact, prompting Judge Pryor to re- complaint without prejudice. Brown then ap- confine private civil actions to defendants mand as to the failure-to-promote claim. As pealed, and the district court granted him who had ‘intercepted, disclosed, or inten- to the discharge claim, the court concluded permission to proceed in forma pauperis. tionally used’ [a communication] . . . posses- that Wilson had offered no evidence that her Holding: Judge Pryor, writing for the Elev- sion of a pirate access device alone, although termination was based on sex. enth Circuit, determined that the district a criminal offense, creates nothing more Protecting Immigrant Rights: Sarmiento- court’s dismissal of Brown’s motion to than conjectural or hypothetical harm.’’ Cisneros v. U.S. Attorney General, 381 F.3d 1277 amend his complaint under the PLRA, and Protecting Religious Liberty: Benning v. (11th Cir. 2004). its conclusion barring Brown from pro- Georgia, 2004 WL 2749172 (11th Cir. 2004) Judge Pryor stood up for a Mexican immi- ceeding in forma pauperis, were in error. When the Georgia prison system refused an grant who desired to remain in the United Further, Judge Pryor found that the district inmate’s requests to practice his Jewish States with his family. court abused its discretion in denying him faith, Judge Pryor enabled the prisoner to By vacating the deportation order, Judge the right to amend his complaint pursuant continue to worship in his preferred manner. Pryor enabled a family to remain together to FRCP 15. The amended complaint, suffi- By finding that RLUIPA is a proper exer- and brought a commonsensical interpreta- ciently alleging imminent danger of serious cise of Congress’ Spending authority, the tion to the harsh Bureau of Immigration and physical injury under 28 U.S.C. 1915(g), per- Eleventh Circuit kept viable similar legal Customs Enforcement order. mitted Brown to proceed in forma pauperis.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6273 Finally, Judge Pryor found that Brown had rights. In fact, he has gone so far as to torney general of Alabama, Judge stated a valid claim of deliberate indiffer- seek out cases to file briefs, or spoken Pryor advanced his own personal, con- ence to serious medical needs under the out on the merits of such cases, that servative agenda not only through liti- Eighth and Fourteenth Amendments. There- gation in which Alabama was a party, fore the district court’s judgment was re- have no connection to the job he was versed and remanded for further proceedings, currently performing. For example, but also by filing amicus curiae briefs effectively allowing Brown’s suit to go for- even though Alabama had no similar in cases in which Alabama was neither ward, and enabling him to get necessary statute, Mr. Pryor filed an amicus brief an interested party nor under any obli- medical treatment. in the Romer v. Evans case supporting gation to participate. As attorney gen- (At the request of Mr. LEAHY, the fol- Colorado’s law prohibiting local gov- eral of Alabama, Judge Pryor amassed lowing statement was ordered to be ernments from enacting laws pro- a stunning record replete with hos- printed in the RECORD.) tecting gays and lesbians from dis- tility for the rights of Americans and ∑ Mr. JEFFORDS. Mr. President, I crimination. In addition, despite the contempt for constitutionally man- would like to express my opposition to fact that the Lawrence v. Texas case dated protections. In addition to at- the nomination of William H. Pryor, did not involve Alabama law, Mr. Pry- tacking the validity of constitutional Jr., to the Eleventh Circuit Court of or’s interest was so keen that he peti- freedoms, Judge Pryor advocated for Appeals. tioned the Supreme Court for leave to the dissolution of congressionally re- Mr. Pryor has a distinguished legal participate in the oral argument and quired protections intended to preserve career. He graduated magna cum laude filed a brief on the merits of the case. individual rights, to safeguard our en- from Tulane University Law School, Some have argued that Mr. Pryor vironment and to maintain the barriers clerked for a judge on the Fifth Circuit should not be held to all these briefs that separate church and state. Court of Appeals, was a law professor and statements because he was just Judge Pryor has advocated a view at Samford University, and served as doing his job and protecting the rights that the Constitution does not harbor some of our most critical individual attorney general for the State of Ala- and positions of his client or employer. rights and freedoms. He has taken the bama. While he deserves recognition However, the problem with this argu- position that these freedoms should be for his legal background, that alone is ment is that many of the positions he decided by the States, based on major- not enough in my estimation to be con- has taken have not related to the re- firmed for a lifetime appointment to ity vote, regardless of whether con- quirements of the job he was per- stitutional rights are violated. The the Federal bench. In my review of Mr. forming, but were positions he sin- Pryor’s statements, actions, and danger of this simple thinking is of gularly advocated because he believed course to regionalize the Constitution, writings, I am concerned that Mr. Pry- in them and sought out cases to ex- or’s personal opinion, rather than the making one’s constitutional rights de- press and uphold his beliefs. It is this pendent on where one resides. But law, will compel his decisions in some fact that concerns me and leads me to cases. much more egregious is what this pro- believe that Mr. Pryor will use his per- My areas of concern arise in areas of posal would do to our Bill of Rights; it sonal beliefs rather than settled law to the law that I have spent my career effectively makes our inalienable working to address, including the envi- decide cases. rights as Americans open to public and His actions as a recess appointment ronment, reproductive rights, and gay political debate. This surely could not to the Eleventh Circuit Court of Ap- rights. have been what the Framers envisioned On the environment, for example, Mr. peals have not diminished my concern, when they drafted our Constitution. Pryor urged the U.S. Supreme Court to especially when Mr. Pryor was the de- Judge Pryor’s general contempt for declare unconstitutional Federal ef- ciding vote that prohibited the full the Constitution is clear in the posi- forts to protect wildlife on private Eleventh Circuit to consider the unique tions he advocated as attorney general lands under the Endangered Species Florida law banning gay adoption. of Alabama. In one amicus brief to the Act. In regard to this case, the lower Given these facts and Mr. Pryor’s his- Supreme Court, Judge Pryor defended court stated that Mr. Pryor’s constitu- tory, I opposed limiting debate on his a State practice of handcuffing pris- tional arguments would ‘‘place in peril nomination in 2003, and continue to do oners to a hitching post and exposing the entire federal regulatory scheme so today. them to the hot sun for 7 hours at a for wildlife and natural resource con- Unfortunately, I will be necessarily time without water or bathroom servation.’’ The case is Gibbs v. Bab- absent for the votes that will occur re- breaks. This cruel and unusual brand of bitt. lated to this nominee. However, I feel punishment advocated by Judge Pryor In another important case, Solid it is necessary to express my position was later rejected by the U.S. Supreme Waste Authority of Northern Cook on this important nomination.∑ Court, which held that ‘‘the use of the County v. United States, Mr. Pryor Mrs. CLINTON. Mr. President, the hitching post under these cir- urged the Supreme Court to strike nomination of William H. Pryor, Jr., to cumstances violated ‘the basic concept down Federal efforts to protect waters the Eleventh Circuit Court of Appeals underlying the Eighth Amendment, and wetlands that provide habitat for is nothing more than a political pro- [which] is nothing less than the dignity migratory birds. Finally, Mr. Pryor has motion cloaked in the thin veil of a ju- of man.’ ’’ advocated in testimony before the Sen- dicial nomination. Judge Pryor has Showing disdain for constitutionally ate that States should not be held ac- been an active and dutiful soldier in protected reproductive freedom, Judge countable in court for failing to en- the administration’s systematic as- Pryor has called Roe v. Wade ‘‘the force minimum Federal standards from sault on the Constitution and indi- worst abomination of constitutional the joint hearing before the U.S. Sen- vidual rights, effectively making his law in our history.’’ In this spirit, he ate Committee on Environment and nomination for a lifetime appointment has endorsed the formation of uncon- Public Works and the U.S. Senate Com- to the Eleventh Circuit Court of Ap- stitutional barriers that would thwart mittee on the Judiciary, July 16, 2002. peals political payback for a job per- the practice of reproductive freedom, On reproductive rights Mr. Pryor in ceived well done. Given Judge Pryor’s going as far as defending Alabama’s so- 1997 called the Roe v. Wade decision, disdain for the Constitution and indi- called ‘‘partial-birth abortion’’ ban de- ‘‘the day seven members of our highest vidual rights, I encourage my col- spite the fact that it lacked the con- court ripped the Constitution and leagues to join me in opposing Judge stitutionally required exception to pro- ripped out the life of millions of unborn Pryor’s nomination. tect the health of the pregnant woman. children.’’ In a speech during that same If confirmed for a lifetime appoint- But Judge Pryor’s attacks against year, Mr. Pryor criticized the 1992 Su- ment to the Eleventh Circuit Court of privacy interests are not only rel- preme Court decision in Planned Par- Appeals, Judge Pryor would pose an egated to reproductive rights. Judge enthood v. Casey by stating that this enormous threat to the rights, protec- Pryor believes that it is constitutional decision ‘‘preserved the worst abomina- tions, and freedoms of all Americans. to imprison gay men and lesbians for tion of constitutional law in our his- Judge Pryor’s professional record dem- having sex in the privacy of their own tory: Roe v. Wade.’’ onstrates a willingness to contort the homes. In an amicus brief asking the Finally, during Mr. Pryor’s career he law in order to make it fit his political Supreme Court to uphold Texas’ ‘‘Ho- has actively worked to oppose gay agenda. During his 7-year tenure as at- mosexual Conduct’’ law, Judge Pryor

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6274 CONGRESSIONAL RECORD — SENATE June 9, 2005 advocated criminalizing homosexual Circuit Court of Appeals. I have closely faith speaks favorably to his nomina- intercourse between consenting adults, reviewed Judge Pryor’s record, and tion and to his commitment to moral ignoring the equal protection clause of based upon it, I believe that Judge values, which I have no problem with. the 14th amendment. In his brief on be- Pryor would have difficulty putting I would like people in the judiciary half of the people of Alabama, Judge aside his extreme views in interpreting with positive and strong moral val- Pryor equated sex between two con- the law. Consequently, I do not believe ues.’’ senting adults of the same gender with that Judge Pryor should be confirmed I am troubled that legitimate and se- ‘‘activities like prostitution, adultery, to a lifetime appointment on the Elev- rious concerns over Judge Pryor and necrophilia, bestiality, possession of enth Circuit Court of Appeals. other nominees have been brushed child pornography, and even incest and Before President Bush’s recess ap- aside, and instead it is said that we on pedophilia . . .’’ This is from a brief in pointment of William Pryor to the this side are trying to make a case Support of Respondent at 25, Lawrence Eleventh Circuit in February 2004, against people of faith. That simply is v. Texas, 539 U.S. 558, 2003. Pryor had not been a judge. As a result, not true. Judge Pryor’s disrespect for the rule he lacks a record as a sitting judge Thomas Jefferson wrote of the estab- of law however, is not limited to his through which his judicial tempera- lishment clause of the first amend- disregard for the Constitution. Judge ment and impartiality may be exam- ment, ‘‘I contemplate with sovereign Pryor has long been a foot soldier in ined. Consequently, one must look to reverence that act of the whole Amer- the conservative movement’s attack on Judge Pryor’s actions and statements ican people which declared that their the authority of Congress to enact laws throughout his career. legislature should ‘make no law re- protecting individual and other rights. In his career, Judge Pryor has pri- specting an establishment of religion He and like-minded conservative marily been a politician, and consid- or prohibiting the free exercise there- ideologues have hidden behind the la- ering the vehemence with which he has of,’ thus building a wall of separation bels ‘‘States rights’’ and ‘‘federalism,’’ advocated his political views, I have se- between church and state.’’ when what they are truly advocating is rious concerns that he can set aside The Supreme Court has written that the restriction of Congress to protect those views and apply the law in an ‘‘the most important of all aspects of Americans’ rights against discrimina- independent, non-partisan fashion. religious freedom in this country is tion and injury based on disability, First, I want to be very clear about that of the separation of church and race, and age. one thing. My objection to confirming state.’’ Again as attorney general of Ala- Judge Pryor to a lifetime seat on the It is because the separation of church bama, Judge Pryor abused his discre- Eleventh Circuit Court of Appeals has and state ensures religious freedom, tion, making Alabama the only State nothing to do with Judge Pryor’s per- that some of Judge Pryor’s actions and to file an amicus brief in support of sonal religious beliefs. statements concern me. striking down part of the Violence There are those who have been There are those who have minority- Against Women Act. As Alabama’s at- spreading the false statement that held religious views. There are those torney general, Judge Pryor filed briefs some Democrats vote against judicial who have majority-held religious calling for the elimination of protec- nominees because of a nominee’s reli- views. But one of the beautiful things tions contained in the Family and Med- gious beliefs. And that has been said about America is that it is a pluralistic ical Leave Act, the Age Discrimination about me. The majority leader even society and that the government has in Employment Act, the Clean Water had on his Web site a newspaper col- stayed out of religion. The founding fa- Act, and the Endangered Species Act. umn that says I voted against Judge thers, looking at the history of Europe, On two separate occasions, he testified Pryor because of his religious beliefs. recognized the sectarian strife and reli- in Congress against EPA enforcement So I went back and I took a look at gious oppression that can arise from fa- of the Clean Air Act and against key my statement on the floor, and I took voring one religion over another. They provisions of the Voting Rights Act. a look at my statement in the Judici- came here and they founded a govern- In one Supreme Court case in which ary Committee markup, and they are ment where there was to be a distinct his office again filed an amicus brief, both clear that my concerns with line drawn between government and re- Judge Pryor urged the Supreme Court Judge Pryor have nothing to do with ligion, and it has served this country to hold that State employees cannot his religious beliefs. As I stated before well. sue for damages to protect their rights this body in July of 2003: against discrimination under the So when people confuse arguments Many of us have concerns about nominees that are made to support the separa- Americans with Disabilities Act. In a sent to the Senate who feel so very strongly narrow 5-to-4 decision, the Court and sometimes stridently and often intem- tion of religion and government with agreed with Judge Pryor’s ‘‘States’ perately about certain political beliefs, and an opposition to people of faith, they rights’’ argument. After the decision, who make intemperate statements about could not be more wrong. And I think Judge Pryor expressed tremendous sat- those beliefs. this has to be made increasingly clear. isfaction for his part in dismantling a So we raise questions about whether We’ve all seen the inflammatory ads. portion of one of this generation’s sem- those nominees can truly be impartial, We’ve all heard the commercials. inal pieces of civil rights legislation. particularly when the law conflicts I hope that a more responsible tone Judge Pryor said he was ‘‘proud’’ of his with those beliefs. will be struck, because the value of the role in ‘‘protecting the hard-earned It is true that abortion rights can separation between church and state is dollars of Alabama taxpayers when often be at the center of these ques- based on the fact that once that bright Congress imposes illegal mandates on tions. As a result, accusations have line is broken, what one has to grapple our state.’’ been leveled that, at any time repro- with is which religion do you put in the Americans deserve better than this. ductive choice becomes an issue, it acts courtroom? Which religion do you They deserve even-tempered jurists as a litmus test against those whose re- allow to be celebrated in a govern- who will not use the bench as a pulpit ligion causes them to be anti-choice. mental framework? for the advancement of their own polit- But pro-choice Democrats on the Ju- If the separation of church and state, ical agenda. Given Judge Pryor’s dis- diciary Committee have voted for that has been a part of this nation regard for individual rights, the Con- many nominees who are anti-choice since its founding, is abolished, these stitution and congressionally man- and who believe that abortion should become very real and very disturbing dated protections, I cannot in good be illegal—some of whom may . . . questions. faith extend my constitutionally re- have been Catholic. I do not know, be- Accordingly, I am extremely con- quired consent to his nomination, and I cause I have never inquired. cerned by Judge Pryor’s actions and encourage my Senate colleagues to So this is truly not about religion. statements promoting the erosion of again withhold their support as well. This is about confirming judges who the division between church and state. Mrs. FEINSTEIN. Thank you, Mr. can be impartial and fair in the admin- As deputy attorney general and at- President. istration of justice. torney general of Alabama, Judge I would like to discuss the nomina- Before the Judiciary Committee, I Pryor vigorously defended the display tion of William Pryor to the Eleventh said of Judge Pryor that, ‘‘I think his of a statue of the Ten Commandments

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6275 in the Alabama supreme court. How- of judicial activism.’’ This depth of not moved for the primary purpose of ever, when questioned about whether it hostility to the established precedent discouraging minority voting. would be constitutional to display reli- of the Supreme Court is disquieting in Judge Pryor’s strong criticism of this gious artifacts or symbols from other an appellate court nominee. important safeguard of civil rights, religions in the court room, Pryor was At his confirmation hearing, Judge particularly on federalism grounds— noticeably silent. Pryor had the opportunity to clarify or meaning he believes that the Federal According to an April 4, 1997 Associ- step back from these inflammatory re- Government has no right to intervene, ated Press account, Pryor said that marks. Nevertheless, he stood by his even where a citizen’s right to vote is ‘‘the State has no position on whether statement that Roe is the ‘‘worst threatened—concerns me. the Alabama supreme court Chief abomination of constitutional law in One of Judge Pryor’s legacies as at- Judge’s right to pray and have a reli- our history’’—worse than Plessy v. Fer- torney general of Alabama is his effort gious display in his courtroom extends guson, the decision upholding segrega- to weaken and undermine the Ameri- to people of other faiths.’’ That Judge tion, the Dred Scott decision, which de- cans with Disabilities Act, passed in Pryor did not take that opportunity to nied citizenship and court access to all 1990 to protect the rights of the dis- make clear that all religions are equal slaves and their descendants, or the abled. For example, in Tennessee v. before our courts is distressing. Korematsu case, validating the govern- Lane, Pryor, then attorney general of Also while Deputy Attorney General, ment’s internment of Japanese citizens Alabama, submitted an amicus brief Judge Pryor defended the Alabama su- during World War II. seeking to deny a disabled defendant preme court Chief Judge’s practice of That a nominee for a court just access to his own trial. having Christian clergymen give pray- below the Supreme Court believes that Pryor argued that the constitutional ers when jurors first assembled in his an existing precedent of the Supreme guarantees of equal protection and due courtroom for a trial. Judge Pryor Court protecting a woman’s right to process ‘‘do not require a State to pro- sought to have an Alabama trial judge choose is worse than long discredited vide unassisted access to public build- declare this practice constitutional decisions denying blacks citizenship or ings’’ and even took the extraordinary under the U.S. and Alabama constitu- permitting segregation is deeply dis- position that there is no absolute right tions. The trial judge ruled against turbing and out of line with the last for a defendant to be present at his own Pryor, concluding that the prayer was hundred years of American jurispru- criminal trial, stating that ‘‘even as to unconstitutional. dence. parties in legal proceedings, there is no The judge cited the Chief Judge’s In statements addressing the scope of absolute right to attendance.’’ The Su- own statements that ‘‘acknowledged Federal Government, Judge Pryor has preme Court rejected these extreme po- that through prayer in his court, he is promoted a role so limited that the sitions advocated by Pryor. promoting religion.’’ Pryor’s decision Federal Government would be forced to Pryor’s repeated attempts to use ju- to pursue this case despite the Chief abdicate many of its central respon- dicial means to undo the legislation Justice’s own admission that the pray- sibilities. For example, he has stated protecting basic civil rights raise ques- er was intended to promote religion— that Congress ‘‘should not be in the tions about both his willingness to pro- thereby violating the establishment business of public education nor the tect individual’s civil rights and his clause of the Constitution—is per- control of street crime.’’ propensity to judicial activism— using plexing. I do not believe that the Federal Gov- the courts as a partisan vehicle to undo It is imperative that our judges—par- ernment should ignore critical matters legislation he does not support. ticularly judges on our Courts of Ap- like education and crime, and neither Supporters of Judge Pryor’s nomina- peals—respect and follow the law, espe- do most Americans. However, my larg- tion point to his brief record as a re- cially the Constitution. I do not believe er concern is not that Judge Pryor’s cess appointee to the Eleventh Circuit that a lawyer with Judge Pryor’s position is contrary to my viewpoint or as evidence of Judge Pryor’s ability to record of consistent attacks on the es- even that it is contrary to the views of set aside his strong political views. tablishment clause and the separation most Americans, but that it is con- While Judge Pryor, in his short tenure of church and state enshrined therein trary to binding Supreme Court prece- on the Eleventh Circuit has not au- should be given a lifetime appointment dent establishing the breadth of the thored any particularly controversial to the Eleventh Circuit. Federal Government’s powers. opinions, decisions he has written ad- Another concern I have with Judge This extremely limited view of the dressed what are largely technical and Pryor is the extreme positions he has role of Federal Government is reflected uncontroversial legal issues. advocated regarding a woman’s right in the positions Judge Pryor has taken Judge Pryor’s brief stint as a recess to choose. I have voted for numerous on a number of important issues. appointee may or may not offer a rep- anti-choice judicial nominees. How- Testifying before the Judiciary Com- resentative preview of the opinions he ever, Judge Pryor’s positions are be- mittee as attorney general of Alabama would render as a lifetime member of yond the mainstream even of those in 1997, Judge Pryor urged the repeal of the Eleventh Circuit. who oppose the right to choose. Fur- Section 5 of the Voting Rights Act, Ultimately, my concern is that Judge thermore, his incendiary remarks on calling it an ‘‘affront to federalism, Pryor does not display the dis- the subject demonstrate not only a and an expensive burden that has far passionate, independent view that we lack of appropriate judicial tempera- outlived its usefulness.’’ want from our judges. While in private ment, but a lack of respect for the Su- Section 5 of the Voting Rights Act practice, Pryor’s commitment to the preme Court. requires any changes in voting laws in Republican Party apparently interfered Judge Pryor opposes abortion even in states with a specific history of voting with his representation of clients. cases of rape and incest and supports discrimination to be pre-cleared by the Valstene Stabler, a partner at the Bir- an exception only where a woman’s life Justice Department or the Federal Dis- mingham firm of Walston, Stabler, is endangered. He has called Roe v. trict Court in Washington. D.C. to en- Wells, Anderson & Baines, described Wade ‘‘the worst abomination of con- sure they have no discriminatory pur- Pryor as being ‘‘so interested in what stitutional law in our history,’’ and pose or effect. In this way, Section 5 of the Republican Party was doing in the said, ‘‘I will never forget January 22, the Votings Rights Act has been a crit- state, he was having trouble devoting 1973, the day seven members of our ical tool in guaranteeing the voting attention to his private clients.’’ highest court ripped the Constitution rights of minorities. A Washington Post editorial observed and ripped out the life of millions of Today, Section 5 of the Voting that: unborn children.’’ Rights Act continues to ensure voting Mr. Pryor’s speeches display a disturbingly As attorney general of Alabama, rights. In the last ten years, Section 5 politicized view of the role of the courts. He Judge Pryor called Roe and Miranda v. of the Voting Rights Act has been ap- has suggested that impeachment is an appropriate remedy for judges who ‘‘repeatedly Arizona, the well known Supreme plied in more than a half-dozen states and recklessly . . . overturn popular will and Court decision requiring that criminal to ensure that districts are not . . . rewrite constitutional law.’’ And he talks defendants be informed of their right redrawn to intentionally dilute minor- publicly about judging in the vulgarly polit- to remain silent, ‘‘the worst examples ity votes and that polling places are ical terms of the current judicial culture

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6276 CONGRESSIONAL RECORD — SENATE June 9, 2005 war. He concluded one speech, for example, personal preferences aside, and judge thority in passing the Family and Med- with the following prayer: ‘‘Please, God, no without predisposition. And, of course, ical Leave Act; and many other cases. more Souters’’ a reference to the betrayal he or she must follow controlling The extreme legal positions advanced many conservatives feel at the honorable ca- precedent faithfully, and be able to dis- in these cases were fully and entirely reer of Supreme Court Justice David H. Souter. regard completely any views he or she the responsibility of this nominee holds to the contrary. while he served as Alabama’s attorney Republicans who have worked with In the case of Judge Pryor, we are general. Judge Pryor have voiced concerns over presented with a nominee whose views Of course, Judge Pryor has every his ability to be an independent, non- are so extreme that he fails this basic right to hold his views, whether we partisan judge. Grant Woods, the test. In case after case, and on issue agree with him or not. He can run for former Republican attorney general of after issue, Judge Pryor compiled a office and serve in the legislative or ex- Arizona said that ‘‘he would have great public record as Alabama’s attorney ecutive branches should he convince a question of whether Mr. Pryor has an general of taking the most extreme po- majority of his fellow Alabamians that ability to be non-partisan. I would say sitions, often at odds with controlling he is fit to represent them. But he has he was probably the most doctrinaire Supreme Court precedent, and in the no right to be a federal appeals court and most partisan of any attorney gen- most hard-line and inflexible manner. judge. Only those who we are convinced eral I dealt with in 8 years. So I think Judge Pryor’s views are outside of are impartial, unbiased, fair, and whose people would be wise to question the mainstream on issues affecting only guiding ideology is to follow the whether or not he’s the right person to civil rights, women’s rights, disability Constitution to apply equal justice to be non-partisan on the bench.’’ rights, religious freedom, and the right all are fit for this position. Unfortu- A judge must be able to set aside his to privacy. During his confirmation nately, we can have no confidence that views and apply the law evenly and hearings at the Judiciary Committee 2 he will set these views aside and faith- fairly to all. Mr. Pryor’s intemperate years ago, he assured us that despite fully follow the Constitution and bind- legal and political beliefs, and his stri- these views, he would follow settled ing precedent. For these reasons, I dent statements and actions in further- law and Supreme Court precedent. But must oppose his confirmation. ance of those beliefs, have led me to he made this promise only after mak- The ACTING PRESIDENT pro tem- question whether he can be truly im- ing extreme statements to the Com- pore. Under the previous order, the partial. mittee and during his hearing and re- time from 3:15 until 3:30 shall be under Aside from his brief tenure on the fusing to disavow other zealous posi- the control of the Democrats, and the Eleventh Circuit as a recess appointee, tions that he has taken throughout his time from 3:30 until 3:45 shall be under Judge Pryor has no judicial record career. I concluded then—and do not the control of the Democratic leader. upon which to evaluate him. Con- believe differently now—that I had no The Senator from Nevada. sequently, we must consider his fitness basis to believe Judge Pryor could put Mr. REID. Mr. President, the time I for the Eleventh Circuit on the basis of his personal views aside and apply the have left over from the 15 minutes that his actions and statements as deputy law of the land as decided by the Su- is from 3:30 to 3:45 I will leave to Sen- attorney general and attorney general preme Court. ator LEAHY. I am going to use part of of Alabama. Looking back on this Judge Pryor’s supporters argue that his time now. The ACTING PRESIDENT pro tem- highly partisan and controversial ten- his record in the year since he has sat pore. Without objection, it is so or- ure, I cannot vote for Judge Pryor’s as a judge on the Eleventh Circuit as a confirmation to a lifetime appointment dered. recess appointee demonstrates that he Mr. REID. Mr. President, I rise to ex- on the Eleventh Circuit Court of Ap- is worthy of confirmation. Yet, in each press my strong opposition to the nom- peals. of the decisions that his supporters ination of William Pryor to the Elev- Mr. KOHL. Mr. President, I rise rely on for this judgment, Judge Pryor enth Circuit Court of Appeals. today to express my continued opposi- joined unanimous panels in supporting At the outset, let me note the un- tion to the nomination of William results virtually mandated by control- usual fact that we are considering Pryor to be a judge on the Eleventh ling precedent. Much more relevant whether to confirm this nominee to a Circuit Court of Appeals. Judge Pryor’s than Judge Pryor’s short and tem- court on which he has been sitting for record was extensively considered and porary tenure on the Eleventh Circuit over a year as a recess appointee. In examined by the Senate when he was is his record during all the years of his my view) this nomination is entitled to first nominated for this position in professional career prior to his recess no special deference as a result of the 2003. After he failed to obtain confirma- appointment, especially his seven nominee’s status as a sitting federal tion, President Bush used a recess ap- years of service as Alabama’s attorney judge. pointment to appoint him to the Elev- general, as well as his testimony before There are serious constitutional enth Circuit, an appointment that will our committee in 2003. questions about the validity of Mr. expire at the end of the year, and now And his record of extremism and Pryor’s recess appointment, and his has renominated him to a permanent ideologically motivated decision mak- confirmation at this time does not an- seat on the court. I find no reason ing during his years as attorney gen- swer those questions with regard to today to alter my earlier conclusion eral could not be more clear. While at- cases heard by this or other recess ap- that his record of extremism makes torney general of Alabama, Judge pointees. Nor should it embolden Presi- clear that he falls far outside the main- Pryor actively sought out cases where dent Bush to continue the questionable stream, and that I have no choice but he could expand on his cramped view of practice of appointing judges without to vote against his confirmation. federalism and challenge the ability of the advice and consent of the Senate. When considering a nominee to a the Federal Government to remedy dis- I oppose this nominee because his Federal court judgeship, we consider criminatory practices. Many of the views on a wide range of vital issues many things. The nominee should pos- cases in which he took his most ex- are far outside the mainstream of legal sess exemplary legal skills, judgment, treme legal positions were on behalf of thought, and I question his ability to and acumen. The nominee should be the State of Alabama where he had the put those views aside to decide cases learned in the law. And the nominee sole decision under State law as to impartially. should be well regarded among his what legal position to assert. These I said during the floor debate yester- peers, and in his or her community. cases include his assertion of fed- day that Janice Rogers Brown is Presi- Perhaps most important of all is the eralism claims to defeat provisions of dent Bush’s most objectionable nomi- nominee’s judicial temperament. the Age Discrimination in Employment nee. But I want to be clear: on the crit- An appeals court judge’s solemn duty Act and the Americans With Disabil- ical issue of civil rights, William Pryor and paramount obligation is to do jus- ities Act; his opposition to Congress’s holds views that are equally offensive tice fairly, impartially and without authority to provide victims of gender- as those of Justice Brown. The Pryor favor. An appeals court judge must be motivated violence to sue their nomination deserves to be defeated just judicious—that is, he or she must be attackers in federal court; his argu- as the Brown nomination deserved to open minded, must be willing to set his ment that Congress exceeded its au- be defeated.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6277 Any analysis of Mr. Pryor’s judicial agencies would take, and he used that versity, to women. Predictably, Mr. philosophy should begin with his views power to file ‘‘friend of the court’’ Pryor called that case an example of on federalism. This nominee has been a briefs attacking many of these stat- the Supreme Court being ‘‘both anti- self-styled leader of the so-called fed- utes. In fact, Alabama was the only democratic and insensitive to federalism revolution conservative legal State to file a brief against the Vio- eralism.’’ circles, a movement that challenges lence Against Women Act, while 36 There is Mr. Pryor’s contempt for the authority of Congress to remedy States submitted briefs in support of what he called the ‘‘so-called wall of civil rights violations. the statute—which had passed Con- separation between church and state’’ Now, I am certainly thankful that gress with bipartisan support. and his belief that this important doc- the Framers of the Constitution had With regard to the Voting Rights trine was created by ‘‘errors of case the wisdom to create a Federal system Act, Mr. Pryor had the following to say law.’’ In fact, Mr. Pryor remarked at a that divided power between the na- when he testified before Congress in graduation ceremony that ‘‘the chal- tional and State governments. But for 1997: lenge of the next millennium will be to Mr. Pryor, the word ‘‘federalism’’ is I encourage you to consider seriously, for preserve the American experiment by more than that—it is a code word or a example, the repeal or amendment of section restoring its Christian perspective.’’ systematic effort to undermine impor- 5 of the Voting Rights Act, which is an af- There is his view of the Constitu- tant Federal protections for the dis- front to federalism and an expensive burden tion’s prohibition on cruel and unusual abled, the aged, women, minorities, that has far outlived its usefulness, and con- punishment. The Supreme Court— sider modifying other provisions of the Act which has not exactly been liberal on labor, and the environment. that have led to extraordinary abuses of ju- While attorney general of Alabama, this issue—rejected Mr. Pryor’s argu- dicial power. ment that prison guards could handcuff Pryor told a Federalist Society con- The Voting Rights Act is still of vital ference that Congress: prisoners to a hitching post in the Ala- importance, and section 5 is one of its bama sun and deny them bathroom should not be in the business of public edu- most important sections. I have grave breaks or water. It also rejected his ar- cation nor the control of street crimes . . . concerns that if Mr. Pryor cannot un- With real federalism, Congress would . . . gument that it is permissible to exe- make free trade its main domestic concern. derstand the continuing need for vot- cute the mentally retarded. It also re- Congress would not be allowed to subvert the ing rights protections for minorities, jected his argument that counsel need commerce clause to regulate crime, edu- he is unlikely to rigorously enforce the not be provided to indigent defendants cation, land use, family relations, or social act in cases before the Circuit. This is charged with a misdemeanor that car- policy . . . especially important since all of the ries a jail sentence. One proponent of the federalism States within the circuit are covered, Is this the kind of judge we want to movement is Michael Greve, a conserv- in whole or in part, by Section 5. confirm to a lifetime seat on a Federal ative scholar at the American Enter- Mr. Pryor has waged an assault on appellate court? prise Institute. Greve told the New other civil rights laws. In the case of Do we want a judge who, when the York Times that: Alexander v. Sandoval, Pryor filed a Supreme Court questioned the con- what is really needed here is a funda- brief for Alabama which urged the stitutionality of Alabama’s use of the mental intellectual assault on the entire Court to drastically restrict title VI of electric chair in 2000, lashed out at the New Deal edifice. the Civil Rights Act, which bars dis- Court by saying ‘‘[T]his issue should Greve said he thinks this attack on crimination in federally funded pro- not be decided by nine octogenarian the New Deal will get a good hearing grams. In a 5-to-4 opinion written by lawyers who happen to sit on the U.S. from judges like William Pryor. Greve Justice Scalia, the Supreme Court Supreme Court’’? says of Pryor: agreed with Pryor and held that there Do we want a judge who, on the day after the Supreme Court’s final ruling [he] is the key to this puzzle; there’s nobody is no private right of action to enforce like him. title VI regulations. This ruling was a in Bush v. Gore, said: dramatic setback for the civil rights I’m probably the only one who wanted it 5– Let’s look at some of the bedrock movement and continues to impede the 4. I wanted Governor Bush to have a full ap- laws that Mr. Pryor has challenged enforcement of civil rights laws. preciation of the judiciary and judicial selec- under the banner of federalism. Mr. While five Supreme Court Justices tion so we can have no more appointments Pryor has argued that the Federal agreed with Pryor about title VI, his like Justice Souter. courts should narrow, or throw out en- outside-the-mainstream views have On another occasion he said: tirely, all or portions of the Americans often been rejected by the current con- Please God, no more Souters. with Disabilities Act, the Age Dis- servative Supreme Court. In fact, the This kind of temperament served crimination in Employment Act, the Court unanimously rejected three of Pryor well as a Republican politician, Civil Rights Act, the Clean Water Act, Mr. Pryor’s federalism arguments: that but this doesn’t represent the kind of the Fair Labor Standards Act, the sovereign immunity applies not only to judicial temperament we want on the Family and Medical Leave Act, the Vi- States but to counties; that the Ameri- Federal bench. olence Against Women Act, and the cans with Disabilities Act does not The Senate must exercise its advice Voting Rights Act. apply to State prisons; and that a law and consent responsibility with great What would America look like if this barring a State from selling the per- care. In fact, we should follow Mr. Pry- federalist revolution were to take hold sonal information of its citizens with- or’s own advice. He once told a Senate in the Federal courts? University of out permission is unconstitutional. subcommittee that: Chicago Law Professor Cass Sunstein It is no wonder that the Atlanta- your role of advice and consent in judicial describes it well: Journal Constitution, in an editorial nominations cannot be overstated. Many decisions of the Federal Communica- entitled ‘‘Right-wing Zealot is Unfit to I agree with him on that point. For tions Commission, the Environmental Pro- Judge,’’ wrote that Mr. Pryor’s nomi- these reasons, I urge my colleagues to tection Agency, the Occupational Safety and withhold the in consent to this very Health Administration and possibly the Na- nation: tional Labor Relations Board would be un- is an affront to the basic premise that a can- unacceptable nomination. constitutional. It would mean that the So- didate for the federal bench must exhibit re- Mr. President, I apologize to my cial Security Act would not only be under spect for established constitutional prin- friend. Since he was not here, I used political but also constitutional stress . . . ciples and individual liberties. Pryor may be my time a little early. So the record is the Securities and Exchange Commission a good lawyer and a faithful Republican, but clear, my friend is the great Senator and maybe even the Federal Reserve would his lifelong extremism disqualifies him for a PAT LEAHY from Vermont. be in trouble. Some applications or the En- federal judgeship. Mr. LEAHY. I thank the Senator. dangered Species Act and Clean Water Act And there is more. Mr. President, I suggest the absence would be struck down as beyond Congress’s There is Mr. Pryor’s view of the of a quorum. commerce power. equal protection clause, which led him The ACTING PRESIDENT pro tem- As attorney general of Alabama, to oppose a 7-to-1 ruling by the Su- pore. The clerk will call the roll. Pryor had the sole power to decide preme Court that opened the Virginia The legislative clerk proceeded to what legal action the State and its Military Institute, a State-funded uni- call the roll.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6278 CONGRESSIONAL RECORD — SENATE June 9, 2005 Mr. LEAHY. Mr. President, I ask of the Bush Presidency, with Ameri- again, in April of this year. It has been unanimous consent that the order for cans having to pay so much more to stalled on the Senate Business Cal- the quorum call be rescinded. drive to work, to get their kids to endar for too long. It is a bipartisan The ACTING PRESIDENT pro tem- school, just to get around to conduct initiative that could help in the fight pore. Without objection, it is so or- the daily business of their lives, the to reduce gasoline prices now and heat- dered. Republican leadership of the Senate is ing oil prices in the fall and winter. It Mr. LEAHY. Mr. President, how ignoring this substantial burden on deserves a vote. Why not have an up or much time is available? American working families. down vote on this measure without fur- The ACTING PRESIDENT pro tem- This week, the national average price ther delay by the Republican leader- pore. Under the previous order, the for a gallon of regular gasoline was ship? Why can’t we do that when we Senator from Vermont has such time $2.12. When the President took office, it have seen gasoline go from $1.46 to $2.12 until 3:45 remaining. was $1.46. We just heard reports that in in this President’s administration? No, Mr. LEAHY. I appreciate that. Vermont and New Hampshire home instead we spend weeks and months, Mr. President, last month 80 Amer- heating oil prices will be up another 30 not passing legislation that would win ican service men and women died in percent this fall and winter. the support of a majority of Repub- Iraq, along with more than 700 Iraqis. The artificial pricing scheme en- licans and Democrats, but talking This week, there are reports that the forced by OPEC affects all of us, and it about a handful of people who are Army National Guard and the Marines is especially tough on our hard-work- going to get lifetime, well-paid jobs. are not meeting their recruitment ing Vermont farmers. Rising energy ex- Another consequence of the Repub- goals, in spite of the bonuses and bene- penses can add thousands of dollars a lican leadership’s fixation on carrying fits being offered. The price of gasoline, year to the costs of operating a 100- out this President’s attempt to pack prescription drugs, health care, and so head dairy operation, a price that the Federal courts with activist jurists many essentials for American working could mean the difference between may be much-needed asbestos com- families are rising a lot faster than keeping the family business alive for pensation reform. For more than 3 years, I have been working on asbestos their wages. This week, the Wash- another generation or shutting it reform to provide compensation to as- ington Times reported that the rate of down. increase in the Consumer Price Index With summer coming, many families bestos victims in a fair and more expe- PECTER and I doubled in the last year. This week, we are going to find that OPEC has put an dited fashion. Chairman S have worked closely on S. 852, the have learned that General Motors has expensive crimp in their vacation FAIR Act. It, too, is pending on the planned to lay off another 25,000 work- plans. Some are likely to stay home; Senate Business Calendar, even though ers and that other companies are not others will pay more to drive or to fly it was voted out in a bipartisan effort expanding or are, even worse, so that they can visit their families or last month. downsizing. The report of only 78,000 take their well-deserved vacations. Chairman SPECTER deserves enor- jobs created last month puts us back to Americans deserve better. If the mous credit for this achievement, even the dismal levels that have character- White House is not going to intervene, though we were slowed significantly by ized so many months during this ad- then Congress has to act. It is past the extensive debate on contentious ministration. A loss of our manufac- time—it is past the time—for holding nominees and the nuclear option the turing jobs continues at a steady drip. hands and exchanging kisses with past few months. We have been work- Millions are suffering and dying in Af- Saudi princes, princes who have artifi- ing in good faith to achieve a bipar- rica. The British Prime Minister vis- cially inflated the price of gasoline. tisan legislative process on this issue. ited to urge greater efforts to help. The President’s jawboning with his We have done so, despite criticism But, of course, we debated none of close friends in Saudi Arabia has prov- from the left and the right. In fact, these issues in the Senate. The Repub- en unsuccessful. It is time to act, but after the bill was successfully reported lican leadership continued to force us the Senate, under Republican leader- by the committee, Senator HATCH to expend our precious days debating ship, is choosing instead to revisit an- called it the most important measure something else. And what is that? The other extreme judicial nomination, one the Senate would consider this year for Senate’s time has been focused not on that has already been considered. the American economy. Are we debat- these things that touch the pocket- The production quota set by OPEC ing it on the floor? No. We are debating books of Americans but almost exclu- continues to take a debilitating toll on a handful of right-wing activist judges sively on this administration’s divisive our economy, our families, our busi- for lifetime, highly paid jobs. and contentious judicial nominees. nesses, industry, and farmers. Last There are many items that need Over the last several months, and for year and again earlier this year, the prompt attention. The Armed Services many days and weeks over the last few Judiciary Committee voted to report Committee completed its work on the years, the work of the Senate has been favorably to the full Senate the bipar- Department of Defense authorization laid aside by the Republican leadership tisan NOPEC bill, which is short for No bill. But we are seeing the Republican to force debate after debate on divisive Oil Producing and Exporting Cartels leadership delay action on the Defense nominations, on people who are going Act. Our legislation would apply Amer- authorization bill at a time when we to be paid almost $200,000 a year in life- ica’s antitrust laws to OPEC’s anti- have so many of our men and women time jobs. Those who are barely able to competitive cartel. It would prohibit under arms overseas. I don’t know why make their week’s rent or their foreign states from working together they are doing it, unless it is to allow month’s mortgage ask what we are to limit production and set prices, re- more activist judges to come through. doing in the Senate. strain the trading of petroleum and At a time when we have young men Among the matters the Senate has natural gas, when such actions affect and women serving their country neglected this week in order to devote the United States. It would give the around the world, and we are talking its attention to these nominations are Department of Justice and the Federal about the recently recommended base many issues that concern the Amer- Trade Commission authority to enforce closings, I would have thought the De- ican people. One matter is the consid- the law through antitrust actions in fense authorization would be more of a eration and passage of the NOPEC bill. Federal courts. priority than three or four activist It is bipartisan legislation. It affects Why not give the Justice Department judges. all Americans, Republicans and Demo- clear authority to use our antitrust The Senate Energy Committee suc- crats. Senator DEWINE, a Republican of laws against the anti-competitive, cessfully completed its consideration Ohio, Senator KOHL, a Democrat of anti-consumer conduct in which the of an Energy bill, and it was reported Wisconsin, are key sponsors. The spon- OPEC cartel is engaged here in the to the Senate with a strong bipartisan sors of the bill include Senator GRASS- United States? majority. Despite its balance and a bi- LEY, Senator SPECTER, Senator This bipartisan bill was reported by partisan vote, the Senate Republican COBURN, and Senator SNOWE. the Judiciary Committee more than a leadership said, no, we can’t talk about With an increase in gasoline prices of year ago, in April of last year. It was it. We have to talk about a couple more almost 50 percent during the four years reintroduced this year and reported, right-wing activist judges.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6279 Another matter that deserves timely For more than four years, we have opposed to him, what happened? In attention is the Stem Cell Research seen the Republican congressional 1999, every Republican Senator came Enhancement Act which was just leadership and the administration ig- on to the floor and voted down Justice passed by the House of Representa- nore the problems of Americans with a Ronnie White, even though he had been tives. It is another bipartisan effort single-minded effort to pack and con- voted out of the Judiciary Committee that deserves our attention. It had 200 trol the Federal courts. Unemploy- with heavy support. They said: House sponsors, led by Congressman ment, gas prices, the number of unin- Whoops, he may be this distinguished CASTLE and Congresswoman DEGETTE. sured, the Nation’s budget, the trade African-American jurist from Missouri. It passed with 238 votes. It is critically deficit were all lower when President But we have two Senators from his important. It authorizes work on em- Bush assumed office. Through Repub- State who oppose him so we will vote bryonic stem cells which otherwise lican Senate obstruction of more than him down. And they did. would be discarded, work which holds 60 of President Clinton’s moderate and But yesterday, what a difference. great promise and hope for those fami- qualified judicial nominees, more than What a difference if you have a Repub- lies suffering from debilitating disease 60 of President Clinton’s nominees who lican in the White House. Those same and injury. More effective treatments were subjected to a pocket filibuster by Republican Senators, joined by new Re- for Parkinson’s, Alzheimer’s disease, Republicans, judicial vacancies went publican Senators, the same Repub- diabetes, for spinal cord injuries, for up. But let’s take a look. lican Senators who told me, ‘‘We know many other diseases are all possibili- Since President Bush came in, what that Justice Ronnie White is well ties. Why are we not debating that? We are the things that have gone up? Un- qualified, but, after all, we have to fol- have three or four more activist right- employment has gone up 21 percent. low the fact that the two Senators wing judgeships for lifetime, highly Since President Bush came in, what from his State say they don’t want paid positions. That is far more impor- has gone up? The budget deficit has him, so we have to vote him down,’’ tant than stem cell research. gone up. It has gone from a $236 billion those same Senators come up here and While the administration continues surplus under President Clinton to a meekly come in, in lockstep, and vote to talk about its efforts to weaken So- $427 billion deficit under President for Judge Brown, even though the two cial Security, there is bipartisan legis- Bush—$663 billion down the rat hole. home-state Senators, for very good rea- lation we should be considering, the What else has gone up? The price of gas sons, opposed her. Social Security Fairness Act. Are we has gone from $1.42 to $2.10. That is not Last week, all but one Republican Senator voted to confirm Priscilla going to talk about that? No. Will we helping the average American. Let’s talk about the fact that the adminis- Owen. take a look at the trade deficit. It has Yesterday’s vote on the Brown nomi- tration is raiding the Social Security gone up from $36 billion to $55 billion. fund to pay for their war in Iraq? That nation apparently indicates Republican How about the percentage of the unin- Party discipline has been restored. For is something they don’t want to talk sured? That has gone up another 10 per- about. They want to talk about Social all the talk about profiles in courage cent. and Senators voting their conscience, Security failing, but they don’t talk But the full-time, highly paid posi- the Republican majority has reduced about the fact that they have to take tions of judgeships is the one thing the Senate to a rubberstamp of this the money out of the Social Security that has come down. Judicial vacancies President’s extreme and activist nomi- fund to pay for the war in Iraq. We have come down 49 percent. nees. Even though Senators will tell can’t talk about the Social Security It seems that is far more important you privately they would vote against Fairness Act here on the floor because than seeing projected trillions of dol- this person if it was secret ballot, the we have to take the time for three or lars in surpluses go to trillions of dol- White House tells them what to do. four more right-wing activist judges. lars in projected deficits, far more im- William Pryor has argued that Fed- The bill I talked about is a bill that portant than the problem we create eral courts should cut back on the pro- Republican and Democratic Senators when we allow the Saudis, the Chinese, tections of important and well-sup- have cosponsored over the years to pro- the South Koreans, the Japanese, and ported Federal laws, including the Age tect the Social Security retirement of others to pay our bills but then be able Discrimination in Employment Act, police officers. Those on the front lines to manipulate our economy. It seems the Americans with Disabilities Act, protecting all of us from crime and vio- wrong. the Civil Rights Act of 1964, the Clean lence should not see their Social Secu- We helped the President confirm a Water Act, the Violence Against rity benefits reduced. That needs fix- record number of his judges, but we Women Act, the Family and Medical ing. We could have done that easily Democrats would like to see us talk Leave Act. That should be enough to this week. But, no, we can’t protect our about the people who are out of work, vote against him, but it won’t be, not police officers. Instead, we will make the price of gasoline, the huge deficits with this rubberstamp. He has repudi- sure that a handful of right-wing activ- that have been created by this presi- ated decades of legal precedents that ist judges get highly paid lifetime jobs. dency. permitted individuals to sue States to These are merely examples of some We know that yesterday the Senate prevent violations of Federal civil of the business matters the Republican confirmed Janice Rogers Brown to the rights regulations. Is that going to majority of the Senate has cast aside Court of Appeals for the D.C. Circuit, cause us to vote him down? Heck no. to force more debate on more conten- despite the fact she is a divisive and His aggressive involvement in the tious nominees. The Senate could be controversial nominee. She was op- Federalist revolution shows he is a making significant legislative progress posed by both her home State Senators goals-oriented activist who has used on an agenda that would result in because she had a record so extreme it his official position to advance his much-needed and tangible relief to the marked her as one of the most activist cause. While his advocacy is a sign to American people on a number of impor- judicial nominees ever chosen by any most people of the extremism, he tant fronts. We could be acting to President. trumpets his involvement. He is un- lower gas prices, authorize actions In the past, when both Senators from abashedly proud of his repeated work against illegal cartels, make asbestos a nominee’s State opposed them, the to limit congressional authority to compensation efficient and effective, person, even if highly qualified, would promote the health, safety, and welfare authorize vital scientific research, pro- be turned down. In this case, we have of all Americans. vide fairness to police officers and to somebody who is not qualified, an ac- His passion is not some obscure legal make health care more affordable, cre- tivist judge opposed by both of her theory but a legal crusade that has ate new and better jobs and give our State’s Senators, who still passed. I driven his actions since he was a stu- veterans and their families the support mention that because I remember Jus- dent and something that guides his ac- they need and deserve. Instead, the Re- tice Ronnie White, now the first Afri- tions as a lawyer. His speeches and his publican leadership of the Senate con- can American to serve as Chief Justice testimony before Congress demonstrate tinues its narrow focus on helping this of the Missouri Supreme Court. When just how rooted his views are, how Administration pack the federal courts the two Senators from his home State, much he wants to effect a fundamental with extreme nominees. Republican Senators, said they were change in this country.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6280 CONGRESSIONAL RECORD — SENATE June 9, 2005 Just remember this: These judicial violence against women, the Americans the Charleston Gazette, the Arizona nominees are being confirmed for life. with Disabilities Act, and the Govern- Daily Star, and The Los Angeles They do not leave or get reconsidered ment’s ability to protect the environ- Times. after the congressional elections next ment on behalf of the American people. We have also heard from a large num- year or after this administration ends. Of course, those substantive concerns ber of organizations and individuals They serve as lifetime appointments to will not do much to advance Repub- concerned about justice before the fed- the Federal court. licans’ political ambitions and the eral courts. The Log Cabin Repub- It is one thing for us to ignore all the agendas of polarizing interest groups. licans, the Leadership Conference on things we should be doing for the So some Republican partisans are put- Civil Rights, the AFL–CIO, the Na- American people, but I urge all Sen- ting the truth to one side. They dis- tional Partnership for Women and ators, on both sides of the aisle, to end miss the views of Democratic Senators Families and many others have pro- this up-or-down rubberstamp, fulfill doing their duty under the Constitu- vided the Committee with their con- the Senate’s constitutionally man- tion to examine the fitness of every cerns and the basis for their opposi- dated duty to evaluate with clear eyes nominee to a lifetime position on the tion. We have received letters of oppo- the fitness of judicial nominees, even Federal bench and choose, instead, to sition from organizations that rarely President Bush’s nominees, when they use smears and accusations. take positions on nominations but feel are for lifetime appointments. Stop The last time Judge Pryor came be- so strongly about this one that they telling me privately how you would fore this committee and the Senate, are compelled to publicly oppose it, in- vote if it was a secret ballot. Have the slanderous accusations were made by cluding the National Senior Citizens’ courage to vote in an open ballot the Republican Senators, and scurrilous Law Center, the Anti-Defamation same way. newspaper advertisements were run by League and the Sierra Club. In the last Congress, following one of a group headed by the President’s fa- The ABA’s evaluation also indicates concern about this nomination. Their the most divisive debates I have seen ther’s former White House counsel and Standing Committee on the Federal on the floor of the Senate, I explained a group whose funding includes money Judiciary gave Mr. Pryor a partial rat- why I felt strongly about voting raised by Republican Senators and ing of ‘‘not qualified’’ to sit on the Fed- against the nomination of William even by the President’s family. Other eral bench. Of course this is not the Pryor to the U.S. Court of Appeals for Republican members of the Judiciary first ‘‘not qualified’’ rating or partial Committee and of the Senate stood the Eleventh Circuit—in committee ‘‘not qualified’’ rating that this admin- and in two unsuccessful cloture at- mute in the face of these McCarthyite istration’s judicial nominees have re- tempts. The President disregarded the charges, or, worse, fed the flames. Now, ceived. More than two dozen of Presi- advice given to him by the Senators the same type of rhetoric—identifying dent Bush’s nominees have received in- opposing this nomination, and he in- opponents as against faith—has again dications of concerns about their quali- stalled Mr. Pryor as a recess-appointed reared its ugly head. fications from the ABA’s peer reviews, This kind of religious smear cam- judge on the Eleventh Circuit where he which have been less exacting and paign hurts the whole country. It hurts will serve until the end of this year. much more accommodating to this ad- Today, because the President continues Christians and non-Christians. It hurts ministration than to previous ones. I to insist on pushing his most divisive all of us, because the Constitution re- would note that this softer treatment nominees in a group that he renomi- quires judges to apply the law, not follows the changes in the process im- nated to the Senate, we are here voting their personal views. Remember that posed by the Bush administration. yet one more time on this nomination. all of us, no matter what our faith— Judge Pryor has long been a leader of I expect some will try to point to the and I am proud of mine—are able to the federalist movement, promoting few cases he has worked on during his practice our religion as we choose or State power over the Federal Govern- time ‘‘auditioning’’ on the circuit not to practice a religion. That is a ment. A leading proponent of what he court as evidence that he should be fundamental guarantee of our Con- refers to as the ‘‘federalism revolu- confirmed. But nothing Judge Pryor stitution. The Constitution’s prohibition,’’ Judge Pryor seeks to revitalize has done in the intervening period has tion against a ‘‘religious test’’ in Arti- state power at the expense of Federal changed my view that based on his en- cle VI is consistent with that funda- protections, seeking opportunities to tire career and record, if he were to re- mental freedom. I hope that Repub- attack Federal laws and programs de- ceive life tenure on the Federal bench, lican Senators will debate this nomina- signed to guarantee civil rights protec- he would put ideology above the law. I tion absent the scurrilous charges that tions. He has urged that Federal laws cannot support him. marked it the past and the discourse on behalf of the disabled, the aged, In the course of their march toward during the ‘‘nuclear option’’ last women, minorities, and the environ- the ‘‘nuclear option’’—a development month. ment all be limited. Not long ago, in a thankfully averted—the President and Instead, the Senate’s debate should New York Times Magazine article the Republican leadership escalated center on the nominee’s qualifications about the so-called ‘‘Constitution-in- the rhetoric surrounding this issue in for this lifetime post in the Federal ju- Exile’’ movement, Michael Greve, was alarming ways. The majority leader diciary. There is an abundance of sub- quoted as saying, ‘‘Bill Pryor is the last month participated in a telecast stantive and compelling reasons why key to this puzzle; there’s nobody like smearing opponents of the most ex- William Pryor should not be a judge on him. I think he’s sensational. He gets treme judicial nominees as ‘‘against the Eleventh Circuit. Opposition to almost all of it.’’ That is precisely why people of faith.’’ Arrayed behind the Judge Pryor’s nomination is shared by he should not be confirmed. podium at that gathering were photos a wide spectrum of objective observers. William Pryor has argued that the of the filibustered nominees, and Judge Pryor’s record is so out of the Federal courts should cut back on the speaker after speaker accused Demo- mainstream that a vast number of edi- protections of important and well-sup- crats of opposing nominees such as torial boards and others have weighed ported Federal laws including the Age Judge Pryor because of his faith. These in with significant opposition. Discrimination in Employment Act, are baseless and despicable accusa- Even The Washington Post, which the Americans with Disabilities Act, tions, and it is time the Republican has been exceedingly generous to the the Civil Rights Act of 1964, the Clean leadership and other Republicans in Administration’s efforts to pack the Water Act, the Violence Against and out of the Senate disavow them. courts, has termed Judge Pryor Women Act, and the Family and Med- Senate Democrats do not oppose Wil- ‘‘unfit’’ and consistently opposed his ical Leave Act. He has repudiated dec- liam Pryor because of his faith. We op- nomination. In Alabama, both the Tus- ades of legal precedents that permitted pose the nomination of William Pryor caloosa News and the Hunstville Times individuals to sue states to prevent to the Eleventh Circuit because of his wrote against the nomination. Other violations of Federal civil rights regu- extreme—some, with good reason, use editorial boards across the country lations. His aggressive involvement in the word ‘‘radical’’—ideas about what have spoken out, including the Atlanta this ‘‘federalist revolution’’ shows that the Constitution says about federalism, Journal-Constitution, the Pittsburgh he is a goal-oriented, activist conserv- criminal justice and the death penalty, Post-Gazette, The New York Times, ative who has used his official position

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6281 to advance his ‘‘cause.’’ Alabama was ren, Warren Burger, or William to capital punishment. He has advo- the only state to file an amicus brief Rehnquist, the United States Supreme cated that counsel need not be provided arguing that Congress lacked authority Court has recognized that guaranteeing to indigent defendants charged with an to enforce the Clean Water Act. He ar- all citizens the right to cast an equal offense that carries a sentence of im- gued that the Constitution’s commerce vote is essential to our democracy not prisonment if the offense is classified clause does not grant the Federal Gov- a ‘‘burden’’ that has ‘‘outlived its use- as a misdemeanor. The Supreme Court ernment authority to prevent destruc- fulness.’’ nonetheless ruled that it was a violation of waters and wetlands that serve His strong views against providing tion of the Sixth Amendment to im- as a critical habitat for migratory counsel and fair procedures for death pose a sentence that included a possi- birds. The Supreme Court did not adopt row inmates have led William Pryor to bility of imprisonment if indigent per- his narrow view of the commerce doomsday predictions about the mod- sons were not afforded counsel. clause powers of Congress. While his est reforms in the Innocence Protec- Judge Pryor is overwhelmingly hos- advocacy in this case is a sign to most tion Act that would create a system to tile to a woman’s right to choose. people of the extremism, he trumpets ensure competent counsel in death pen- There is every indication from his his involvement in this case. He is un- alty cases. When the United States Su- record and statements that he is com- abashedly proud of his repeated work preme Court questioned the constitu- mitted to reversing Roe v. Wade. Judge to limit congressional authority to tionality of Alabama’s method of exe- Pryor describes the Supreme Court’s promote the health, safety and welfare cution in 2000, William Pryor lashed decision in Roe v. Wade as the creation of all Americans. out at the Supreme Court, saying: ‘‘out of thin air [of] a constitutional His passion is not some obscure legal ‘‘[T]his issue should not be decided by right,’’ and opposes abortion even in theory but a legal crusade that has nine octogenarian lawyers who happen cases of rape or incest. driven his actions since he was a stu- to sit on the U.S. Supreme Court.’’ Judge Pryor does not believe Roe is dent and something that guides his ac- Aside from the obvious disrespect this sound law, neither does he give cre- tions as a lawyer. His speeches and tes- comment shows for the Nation’s high- dence to Planned Parenthood v. Casey. timony before Congress demonstrate est court, it shows again how results- He has said that ‘‘Roe is not constitu- just how rooted his views are, how oriented Judge Pryor is in his approach tional law,’’ and that in Casey, ‘‘the much he seeks to effect a fundamental to the law and to the Constitution. Of court preserved the worst abomination change in the country, and how far out- course an issue about cruel and un- of constitutional law in our history.’’ side the mainstream he is. usual punishment ought to be decided When Judge Pryor appeared before the Judge Pryor is candid about the fact by the Supreme Court. It is addressed Committee, he repeated the mantra that his view of federalism is different in the Eighth Amendment, and wheth- suggested by White House coaches that from the current operation of the Fed- er or not we agree on the ruling, it is he would ‘‘follow the law.’’ But his eral Government—and that he is on a an elementary principle of constitu- willingness to circumvent established mission to change the government to tional law that it be decided by the Su- Supreme Court precedent that protects fit his vision. His goal is to continue to preme Court, no matter how old its fundamental privacy rights seems limit Congress’s authority to enact members. much more likely. laws under the Fourteenth Amendment Judge Pryor has also vigorously op- Judge Pryor has expressed his opposi- and the commerce clause—laws that posed an exemption for persons with tion to fair treatment of all people re- protect women, ethnic and racial mi- mental retardation from receiving the gardless of their sexual orientation. norities, senior citizens, the disabled, death penalty, exhibiting more cer- The positions he took in a brief he filed and the environment—in the name of tainty than understanding or sober rein the Supreme Court case of Lawrence sovereign immunity. Is there any ques- flection. He authored an amicus curiae v. Texas were entirely repudiated by tion that he will pursue his agenda as brief to the Supreme Court arguing the Supreme Court majority two years a judge on the Eleventh Circuit Court that the Court should not declare that ago when it declared that: ‘‘The peti- of Appeals reversing equal rights executing mentally retarded persons tioners are entitled to respect for their progress and affecting the lives of mil- violated the Eighth Amendment. After private lives. The State cannot demean lions of Americans for decades to losing on that issue, Judge Pryor made their existence or control their destiny come? an unsuccessful argument to the Elev- by making their private conduct a Judge Pryor’s comments have re- enth Circuit that an Alabama death- crime.’’ Judge Pryor’s view is the oppo- vealed insensitivity to the barriers row defendant is not mentally re- site. He would deny certain Americans that disadvantaged persons and mem- tarded. the equal protection of the laws, and bers of minority groups and women Judge Pryor has spoken harshly would subject the most private of their continue to face in the criminal justice about the moratorium imposed by behaviors to public regulation. system. This is what is at stake for former Illinois Governor George Ryan, Capping Judge Pryor’s record of ex- Americans, the consumers of our jus- calling it a ‘‘spectacle.’’ Can someone treme activism were sworn statements tice system. This is the type of judge so dismissive of evidence that chal- made by former Alabama Governor Fob this President and this Republican lenges his views be expected to hear James and his son, both Republicans, leadership are intent on permanently these cases fairly? Over the last few explaining that Judge Pryor was only installing in our justice system. years, many prominent Americans chosen by James to be the State’s At- In testimony before Congress, Wil- have begun raising concerns about the torney General after promising that he liam Pryor has urged repeal of Section death penalty including current and would defy court orders, up through 5 of the Voting Rights Act—the center- former supporters of capital punish- and including orders of the Supreme piece of that landmark statute—be- ment. For example, Justice O’Connor Court of the United States. In sworn cause, he says, it ‘‘is an affront to fed- recently said there were ‘‘serious ques- affidavits, Governor James and his son eralism and an expensive burden that tions’’ about whether the death pen- recount how Pryor persuaded them he has far outlived its usefulness.’’ That alty is fairly administered in the was right for the job by showing them testimony demonstrates that Judge United States, and added: ‘‘[T]he sys- research papers he had supervised in Pryor is more concerned with pre- tem may well be allowing some inno- law school about ‘‘nonacquiesence’’ to venting an ‘‘affront’’ to the States’ dig- cent defendants to be executed.’’ In re- court orders. Indeed, under penalty of nity than with guaranteeing all citi- sponse to this uncertainty, Judge perjury, the former Republican Gov- zens the right to cast an equal vote. It Pryor offers us nothing but his obsti- ernor and his son say that Judge Pry- also reflects a long-discredited view of nate view that there is no problem or’s position on defying court orders the Voting Rights Act. Since the en- with the application of the death pen- changed only when he decided he want- actment of the statute in 1965, every alty. This is a position that is not like- ed to be a Federal judge. Supreme Court case to address the ly to afford a fair hearing to a defend- If true, this information, consistent question has rejected the claim that ant on death row. with the activism and extremism Section 5 is an ‘‘affront’’ to our system Judge Pryor’s troubling views on the present elsewhere in Judge Pryor’s of federalism. Whether under Earl War- criminal justice system are not limited record, is revealing. To think that this

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6282 CONGRESSIONAL RECORD — SENATE June 9, 2005 man would come before the Senate Federal judiciary the rights that all of Under the previous order, the time after having made a promise like us are entitled to enjoy through our until 4 o’clock is under the control of that—to undermine the very basis of birthright as Americans. the majority leader. our legal system—and ask to be con- Judge Pryor’s time on the Eleventh The Senator from Alabama is recog- firmed to a lifetime position on the Circuit brings out the very problem nized. Federal bench, is beyond belief. with recess appointments of controver- Mr. SESSIONS. Mr. President, it is a Indeed, William Pryor’s activism has sial judges. The Constitution sets out great honor for me to stand in this often transcended judicial philosophy that Article III judges receive lifetime great Senate Chamber to share a few and entered the realm of pure partisan appointments precisely so that they thoughts about my friend, one of the politics to the point where it appeared can be independent. Judge Pryor, in best lawyers I have ever known, now political concerns openly affected his contrast, cannot be independent during Judge Bill Pryor, serving on the Elev- legal views. As Attorney General of the pendency of his recess appointment enth Circuit Court of Appeals, to speak Alabama, Pryor was one of the found- because he is dependent on the Senate in favor of his confirmation. ers of the Republican Attorneys Gen- for confirmation to a lifetime position. He is principled. He is highly intel- eral Association, or RAGA, an organi- He is, in essence, trying out for the job. ligent. He is committed to doing the zation which raised money from cor- Accordingly, the opinions he writes right thing. He has won the support, re- porations for Republican candidates for while temporarily on the court are not spect, friendship, and admiration of state Attorney General positions. Be- much of a predictor for what he would people on both sides of the aisle—Afri- fore RAGA was founded, Attorney Gen- do if he did receive a lifetime appoint- can Americans, Whites, Democrats— eral candidates usually shied away ment and became truly independent. throughout our State of Alabama. He from corporate fundraising because of What is a good predictor for what he has virtually unanimous support the potential for conflicts of interest would do as a permanent Eleventh Cir- among those groups, and he has earned cuit judge? Quite simply, his actions with an Attorney General’s duty to go that by his principled approach to and statements in the many years of after any corporate wrongdoing. being attorney general, his love and re- But William Pryor not only ignored his professional life before he was ap- spect for the law, his courageous com- pointed provide the best insight. And the tradition of keeping Attorney Gen- mitment to doing the right thing. these actions and statements paint a eral’s races above politics, he embraced He has views about the law and pub- clear and consistent picture of a judi- with both hands the mixing of law and lic policy in America, and he expresses cial activist whose extreme views place politics. He spoke out, vocally and those, but he absolutely understands him far outside the mainstream. A often, against state attorneys general that there is a difference between advo- year of self-serving restraint does little cacy and being on a bench and having bringing aggressive cases against the to alter this picture. tobacco industry, the gun industry, and The President has said he is against to judge, that you are not then an ad- other corporate interests. And then what he calls ‘‘judicial activism.’’ How vocate, you are a referee, you are a RAGA, Pryor’s organization, raised ironic, then, that he has chosen several judge, a person who is supposed to fair- money for attorney general campaigns of the most committed and opinionated ly and objectively decide how the dis- from these very industries and others judicial activists ever to be nominated pute should be settled. He understands like them that hoped to avoid lawsuits to our courts. that totally. That is true with most and prosecution. Pryor’s philosophy of The question posed by this controver- good lawyers in America, but I think opposing mainstream government reg- sial nomination is not whether Judge he understands it more than even most ulation of corporations advanced his Pryor is a skilled and capable politi- good lawyers. Most good lawyers have politics and his organization’s fund- cian and advocate. He certainly is. The been good advocates, and they have be- raising, and his political interests in question is whether—not for a two-year come good judges. Certainly we under- turn informed his pro-corporation legal term but for a lifetime—he would be a stand that. philosophy. Curiously, when asked fair and impartial judge. Could every Criticism has been raised against him about RAGA at his hearing, Mr. PRYOR person whose rights or whose life, lib- that is painful to me. I think much of could remember very little about the erty or livelihood were at issue before it is a result of misinformation. For ex- organization or his role in it. his court, have faith in being fairly ample, my colleague from Iowa, who is His partisan, political worldview col- heard? Could every person rightly have such a champion of the disabled, al- ors the way he thinks about the role of faith in receiving a just verdict, a ver- ways is a champion of the interests of the courts as well. He ended one speech dict not swayed by or yoked to the the disabled, suggested that Bill Pryor with the prayer, ‘‘Please God, no more legal philosophy of a self-described is not a believer in rights for the dis- Souters!’’—a slap at a Supreme Court legal crusader? To see Judge Pryor’s abled because in a disabilities act that Justice seen by some as insufficiently record and his extreme views about the was passed by this Congress it allowed conservative. And he said he was law is to see the stark answer to that people to sue their employers for back pleased the Court’s vote in Bush v. question. pay, for injunction, and for damages if Gore was a 5–4 split because that vote I oppose giving Judge Pryor a life- they were wronged by an employer. would give President Bush ‘‘a full ap- time appointment to the Eleventh Cir- But the Congress never thought at that preciation of the judiciary and judicial cuit where he can impose his radical time what it meant if it involved a selection;’’ in other words, it would activist vision on the many people State. show the president that he needed to whose lives and disputes come before Three percent of the people in Ala- appoint partisan conservatives to the him. I believe the President owes them bama work for the State of Alabama. bench. These are the sentiments of an a nominee who can unite the American He understood, as a skilled constitu- activist and a politician. They are not people. tional lawyer, that the Congress would Mr. President, I believe my time has the considered deliberations that all of have then undertaken, if the law was expired. us, as Republican or Democrat would to be interpreted so that damages The ACTING PRESIDENT pro tem- could be rendered against the State, to expect from an impartial judge. pore. The Senator is correct. On a full slate of issues—the environ- Mr. LEAHY. I suggest the absence of wipe out the doctrine of sovereign im- ment, voting rights, women’s rights, a quorum. munity. That is a doctrine that pro- gay rights, federalism, and more—Wil- The ACTING PRESIDENT pro tem- hibits States from being sued for liam Pryor’s record of activism and ad- pore. The clerk will call the roll. money damages. He said, yes, the em- vocacy is clear. That is his right as an The legislative clerk proceeded to ployee can get the job back, yes, the American citizen, but it does not make call the roll. employee can receive back pay if they him qualified to be a judge. As a judge, Mr. SESSIONS. Mr. President, I ask were discriminated in any way as a re- it is his duty impartially to hear and unanimous consent that the order for sult of that disability, but they cannot, weigh the evidence and to impart just the quorum call be rescinded. in a case against the State of Alabama and fair decisions to all who come be- The ACTING PRESIDENT pro tem- or any State, get money damages before the court. In their hands, we en- pore. Without objection, it is so or- cause that violates the constitutional trust to the judges in our independent dered. principle of sovereign immunity.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6283 He took that to the Supreme Court ther King’s SCLC, as one who has been bru- entirely consistent with his past and won. Nobody in Alabama or any- tally beaten by vicious police officers for record. William Pryor believes in inter- where else who knows anything about participating in civil rights marches and pretation of the law, not rewriting the disabilities would think this rep- demonstrations, as one who has had crosses law according to his own political burned in his yard by the KKK . . . as one resented an action by him to harm the who has lived under constant threats day in views. disabled. It was simply to clarify this and day out because of his [stands] . . . I re- He has an outstanding record on civil important principle as to what power quest your swift confirmation of Bill Pryor rights. Dr. Joe Reed, chairman of the the Congress has under these kinds of to the 11th Circuit because of his constant African-American caucus for Ala- legislation to wipe out the traditional efforts to help the causes of blacks in Ala- bama’s Democratic Conference, said of historic right of a State under sov- bama. Judge Pryor: He ‘‘will uphold the law ereign immunity. Bill Pryor has the support of every without fear or favor. I believe all That is how these issues become con- Democratic official in the State, the races and colors will get a fair shake fused. That is what hurts me about this top African-American leaders, the peo- when their cases come before him.’’ debate process. So often nominees are ple of Alabama. They know him and re- Many other prominent African-Amer- accused of things based on results or spect him to an extraordinary degree. ican leaders have submitted letters of maybe outcome of any one given case, I am pleased to now yield the floor. I support for Judge Pryor praising him and they are said to be against poor see the majority leader is here. for his commitment to upholding civil people or against education or against The PRESIDING OFFICER (Mr. COR- rights and equality for all Americans. the disabled. NYN). The majority leader. It is simple. Those who criticize Judge I will offer for the RECORD an edi- Mr. FRIST. Mr. President, I thank Pryor’s record have not examined it torial from the Mobile Press that to- my distinguished colleague from Ala- with the care and respect that every tally analyzes the complaints and alle- bama for his leadership. I mentioned to nominee’s record deserves. gations that were raised by Senator him yesterday it was just a few weeks His record consistently proves his un- wavering dedication to the protection KENNEDY about fundraising for the At- ago that it was uncertain whether we torney Generals Association. It com- would ever reach this moment—about of individual liberties and his commit- 1 ment to treating all people fairly. pletely refutes those allegations. We 3 ⁄2 weeks ago and I remember the con- Further, those who study his record, had a full look at it. I think everybody versation. We committed to have an as I have, know that Judge Pryor un- who was involved in the Judiciary up-or-down vote, whatever it took. In- derstands and appreciates the obliga- Committee and the staff people who deed, I am delighted to say that in a tion of the judiciary branch to inter- made lots of phone calls found there few moments we will vote up or down pret the law, not to write the law. He was absolutely nothing to show any on William Pryor’s nomination to stated in his hearing before the Judici- wrongdoing. serve on the Eleventh Circuit Court of How do we decide what a good person Appeals. This body will be allowed that ary Committee the following: is or a good nominee is? I do not know. opportunity to give Judge Pryor what I understand my obligation to follow the he deserves, and that is the respect of law, and I have a record of doing it. You You may know them and respect them don’t have to take my word that I will follow personally. You have seen their integ- an up-or-down vote. the law. You can look at my record as Attor- rity and their courage in trying to do He was first nominated to the Fed- ney General and see where I have done it. the right thing daily. What do others eral bench on April 9, 2003, over 2 years It has been over 2 years since the say who may have a different political ago. So it has been a long time coming. President sent William Pryor’s nomi- philosophy? Let me read a letter from That wait is almost over. It will be nation to the Senate. In that time, he Alvin Holmes, a member of the State over in about 6 or 7 minutes. The par- has endured a hearing before the Sen- House of Alabama. tisan charges and obstruction leveled ate Judiciary Committee lasting 4 I see the majority leader here. I will against him are going to be brought to hours where he answered over 185 ques- be willing to yield to him or take a a close. Soon William Pryor will get tions. couple minutes, if he allows me. the fairness and the respect he deserves Judge Pryor answered another 45 The ACTING PRESIDENT pro tem- with that vote. written questions from Senators and pore. The majority leader. Judge Pryor’s experience and submitted over 26 pages in response. Mr. FRIST. Mr. President, we will achievements in the legal profession On two separate occasions, his nomi- start voting about 4. If I can start in a have prepared him well to serve on the nation has been favorably voted out of couple minutes, that will be good. Federal bench. He graduated magna the Judiciary Committee, consuming Mr. SESSIONS. Mr. President, I will cum laude from Tulane University another 4 hours of debate. state what Representative Alvin School of Law where he served as edi- Two times his nomination has come Holmes said. He is an African Amer- tor in chief of the Law Review. to the Senate floor for a cloture vote, ican. He starts off saying: He began his legal career as a law and twice the motion to invoke cloture Please accept this as my full support and clerk for a legendary civil rights advo- failed because of partisan obstruction. endorsement of Alabama’s Attorney General cate, the late Judge John Minor Wis- But that day is over. During the last Bill Pryor to the United States Court of Ap- dom of the U.S. Court of Appeals for 2 days, we have continued to debate the peals for the 11th Circuit. the Fifth Circuit. nomination of Judge Pryor, and now it I am a black member of the Alabama While practicing law at two of Ala- is time to give him that long overdue House of Representatives having serving for bama’s most prestigious firms, Judge vote. With the confirmation of Justice 28 years. During my service . . . I have led Pryor also taught several years as ad- most of the fights for civil rights of blacks, Owen and Justice Brown, and the up- women, lesbians and gays and other minori- junct professor at Samford University’s coming vote on Judge Pryor, the Sen- ties. Cumberland School of Law. ate does continue to make good He lists seven different points where Later he served as deputy attorney progress, placing principle before par- Attorney General Bill Pryor has stood general and then attorney general of tisan politics and results before rhet- up for minority rights and African- Alabama. As attorney general, he was oric. American rights in the State, including overwhelmingly reelected by the peo- I hope and I know we will continue a mentor program where he for 3 years ple of Alabama in 2002. working together. As the debate on ju- Two years later, President Bush, in worked every week reading as a tutor dicial nominees has shown, we can dis- 2004, recess appointed Judge Pryor to to Black children. agree on whether individual nominees He goes on to note a number of the Eleventh Circuit. During this time, deserve confirmation, but we can all points. He finally concludes this way: Judge Pryor has served with distinc- agree on the principle that each nomi- tion. While on the appellate bench, nee deserves a fair up-or-down vote. Finally, as one of the key civil rights lead- many of Judge Pryor’s opinions have ers in Alabama who has participated in basi- I urge my colleagues to join me in cally every major civil rights demonstration been supported by judges appointed by supporting the confirmation of Judge in America, who has been arrested for civil both Democrats and Republicans. William H. Pryor. rights causes on many occasions, as one who But this should not come as a sur- Mr. President, I ask for the yeas and was a field staff member of Dr. Martin Lu- prise. His rulings as a Federal judge are nays.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6284 CONGRESSIONAL RECORD — SENATE June 9, 2005 The PRESIDING OFFICER. Is there a cuit Judge for the Sixth Circuit, and partisan and inclusive manner on judi- sufficient second? David W. McKeague, of Michigan, to be cial nominations. I look forward to There appears to be a sufficient sec- United States Circuit Judge for the working with the White House on any ond. Sixth Circuit. future Michigan nominees since it is Under the previous order, the hour of The PRESIDING OFFICER. Who absolutely critical we work together in 4 o’clock having arrived, the question yields time? The Senator from Michi- filling these positions. is, Will the Senate advise and consent gan. I yield the floor. to the nomination of William H. Pryor, Ms. STABENOW. Mr. President, I The PRESIDING OFFICER (Mr. Jr., of Alabama, to be United States rise this afternoon in support of the CHAFEE). The Senator from Michigan. Circuit Judge for the Eleventh Circuit? nominations of Judge David McKeague Mr. LEVIN. Mr. President, I am sup- The clerk will call the roll. and Judge Richard Griffin to the Sixth porting the two nominations before the The legislative clerk called the roll. Circuit Court. Senate. EVIN Mr. MCCONNELL. The following Sen- For some time now, Senator L With today’s confirmation of William ator was necessarily absent: the Sen- and I have been proposing the Senate Pryor, 211 of 218 of President Bush’s ju- move forward on these nominees as ator from Alaska (Ms. MURKOWSKI). dicial nominees have been confirmed. Mr. DURBIN. I announce that the part of a good-faith effort for us to be After Richard Griffin’s and David working together in a bipartisan way Senator from Vermont (Mr. JEFFORDS) McKeague’s upcoming confirmation, is necessarily absent. in the Senate. I am pleased we are now 213 of 218 of President Bush’s nominees The PRESIDING OFFICER (Mr. to vote on the nomination of Judge will have been confirmed. What a con- Griffin and Judge McKeague as a result CHAFEE). Are there any other Senators trast to the way that President Clin- of the bipartisan agreement to move in the Chamber desiring to vote? ton’s nominees were treated. More forward and stop what was called the The result was announced—yeas 53, than 60 of President Clinton’s nominees nuclear option, which would have nays 45, as follows: never received a vote in the Judiciary eliminated the checks and balances in [Rollcall Vote No. 133 Ex.] Committee. In the battles over judicial the Senate. It is my hope this bipar- nominations that have consumed this YEAS—53 tisan agreement will help restore com- body in recent years, the way those Alexander Dole McConnell ity and civility in our very important nominees were treated stands out as Allard Domenici Nelson (NE) Chamber. uniquely unfair. Even then-White Allen Ensign Roberts I will say a few words about these Bennett Enzi Salazar House Counsel Alberto Gonzales ac- Bond Frist Santorum two nominees. Judge Richard Griffin is knowledged that treatment of Presi- Brownback Graham Sessions a lifelong resident of Michigan. He dent Clinton’s nominees was ‘‘inexcus- Bunning Grassley Shelby would be the first nominee to the Sixth Burns Gregg Smith able.’’ Burr Hagel Circuit from Traverse City, MI. He has Specter For the last 4 years of the Clinton Chambliss Hatch had a distinguished career both as an Stevens Presidency, there were Michigan va- Coburn Hutchison Sununu attorney and as a State appeals judge. cancies on the Sixth Circuit court. The Cochran Inhofe He has served on the Michigan Court of Coleman Isakson Talent Republican majority refused to hold Cornyn Kyl Thomas Appeals for over 16 years and has been hearings in the Judiciary Committee Craig Lott Thune rated as ‘‘well-qualified’’ by the Amer- on Clinton nominations for those va- Crapo Lugar Vitter ican Bar Association. Voinovich cancies. Indeed, one of those nominees DeMint Martinez Judge David McKeague is also a life- DeWine McCain Warner long resident of Michigan. He would be waited longer for a hearing in the Sen- NAYS—45 the first nominee from my home of ate Judiciary Committee than any nominee in American history had—a Akaka Dodd Lieberman Lansing, MI, to the Sixth Circuit. Baucus Dorgan Lincoln Judge McKeague has also had a distin- hearing she ultimately never received. Bayh Durbin Mikulski Her nomination was held up for some guished career as an attorney, a law Biden Feingold Murray time by former Senator Spencer Abra- Bingaman Feinstein Nelson (FL) professor, and a Federal judge. He Boxer Harkin Obama served on the U.S. District Court for ham in an attempt to secure the nomi- Byrd Inouye Pryor nation of his preferred candidate to a Cantwell Johnson Reed the Western District of Michigan for over 12 years and has been rated ‘‘well- second position. Then, the seats were Carper Kennedy Reid kept vacant because the majority Chafee Kerry Rockefeller qualified’’ by the American Bar Asso- Clinton Kohl Sarbanes ciation. hoped that a Republican would be Collins Landrieu Schumer I urge my colleagues to join me and elected President and would put for- Conrad Lautenberg Snowe ward his nominees for those vacancies. Corzine Leahy Stabenow Senator LEVIN in supporting the nomi- Dayton Levin Wyden nation of Judge Griffin and Judge When President Bush came to office, he not only filled positions which should NOT VOTING—2 McKeague. It is important for us to move forward. have been filled by nominees of Presi- Jeffords Murkowski I hope confirming the Sixth Circuit dent Clinton, his nominees were al- The nomination was confirmed. nominees before the Senate will help lowed to go forward even over the ob- The PRESIDING OFFICER (Mr. restore comity and civility to the judi- jections of their home state senators. CHAFEE). The President will be imme- cial nominations process. We have a Today, we will confirm two of Presi- diately notified of the Senate’s action. constitutional obligation to advise and dent Bush’s Michigan nominees to the f consent on Federal judicial nominees. Sixth Circuit Court. They should be This is a responsibility I take ex- confirmed and I will vote for them. In NOMINATION OF RICHARD A. GRIF- tremely seriously, as I know my col- deciding to move on, we should not ex- FIN TO BE UNITED STATES CIR- leagues do on both sides of the aisle. cuse the treatment of President Clin- CUIT JUDGE FOR THE SIXTH These are not decisions that will affect ton’s nominees or the refusal of Presi- CIRCUIT our courts for three or four years, but dent Bush to adopt a bipartisan solu- for 30 or 40 years, making it even more tion to the acknowledged wrong. A important for the Senate not to act as brief history of the Michigan vacancies NOMINATION OF DAVID W. a rubberstamp. on the Sixth Circuit will also hopefully MCKEAGUE TO BE UNITED This is the third branch of govern- prevent a recurrence of the tactic STATES CIRCUIT JUDGE FOR ment and it is important we move for- which was used against Clinton nomi- THE SIXTH CIRCUIT ward in a positive way and be able to nees—denial of a hearing in the Judici- The PRESIDING OFFICER. The work with the White House on nomi- ary Committee, year after year—not clerk will report the next two nomina- nees who will reflect balance and re- just in the last year of a presidential tions en bloc. flect a mainstream approach for our term but in the years before the last The assistant legislative clerk read independent judiciary. year of a presidential term. the nominations of Richard A. Griffin, I hope the White House will begin Michigan Court of Appeals Judge He- of Michigan, to be United States Cir- working with the Senate in a more bi- lene White was nominated to fill a

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6285 Sixth Circuit vacancy on January 7, On May 2, 2000, I sent a note to Chair- tration might consider a bipartisan ap- 1997. Some months later, Senator man HATCH, but neither Judge White’s proach and believed that simply mov- LEAHY, as ranking member of the Judi- nor Ms. Lewis’s nominations were ing forward with Bush nominees would ciary Committee, came to this floor to placed on the Committee’s hearing mean the unfair tactic used against the urge that the Committee act on her agenda. Over the next several months, Clinton nominees would succeed. nomination. This would be the first of Senator LEAHY went to the floor ten The number of Michigan vacancies on at least sixteen statements on the Sen- more times to urge action on the the federal courts provided an unusual ate floor by Senator LEAHY regarding Michigan nominees. I also raised the opportunity for bipartisan compromise. the Sixth Circuit nominations over a 4 issue on the Senate floor on several oc- In an effort to achieve a fair resolution year period. casions. of the mistreatment of President Clin- A year and a half after Judge White In the fall of 2000, in a final attempt ton’s Michigan nominees, Senator STA- was nominated—Senator LEAHY came to move the nominations of the two BENOW and I proposed a bipartisan com- to the floor and said: ‘‘At each step of Michigan nominees, I met with Major- mission to recommend nominees to the the process, judicial nominations are ity Leader LOTT to discuss the situa- President for two of the then-four open being delayed and stalled.’’ His plea tion. On September 12, I sent him a let- Michigan Sixth Circuit positions. Simi- was again ignored and the 105th Con- ter saying ‘‘the nominees from Michi- lar commissions have successfully been gress ended without a hearing for gan are women of integrity and fair- used in other states. Such a commis- Judge White. ness. They have been stalled in this sion would not guarantee the rec- On January 26, 1999, President Clin- Senate for an unconscionable amount ommendation of any particular indi- ton again submitted Judge White’s of time without any stated reason.’’ vidual, much less the nomination of nomination. That day, I urged both Neither the meeting with Senator LOTT any particular individual, since the Senator Abraham and Chairman HATCH nor the letter prompted the Judiciary nomination decision is the President’s to recognize that fundamental fairness Committee to act on the nominations, alone. That proposal was rejected. The dictated that she receive an early hear- and the 106th Congress ended without administration rejected another pro- ing in the 106th Congress, having re- hearings for either woman. posal to resolve the matter suggested ceived no hearing in the 105th. By this point, Judge White’s nomina- by Senator LEAHY and endorsed by On March 1, 1999, a second Michigan tion had been pending for nearly 4 then-Republican Governor John vacancy on the Sixth Circuit opened years—the longest period of time that Engler. up. The next day, Senator LEAHY re- any circuit court nominee had waited In the hopes of stimulating a bipar- turned to the floor, reiterated that for a hearing in the history of the tisan response, Senator STABENOW and nominations were being stalled by the United States Senate. Ms. Lewis’s I returned negative blue slips on Presi- majority. nomination had been pending for about dent Bush’s nominees. Despite past The reason that the majority in the a year and a half. practice of not proceeding in the face Judiciary Committee did not hold a The experience of Kent Markus of of negative blue slips from home state hearing on Judge White was because of Ohio will shed some light on these Senators, the Judiciary Committee Senator Abraham’s opposition, based events. Professor Markus was nomi- held hearings on the nominees. on his effort to obtain the nomination nated by President Clinton in February In 1999, Chairman HATCH had stated, of Jerry Rosen, a district court judge of 2000, to fill an Ohio vacancy on the with respect to the Clinton nomination in the Eastern District of Michigan, to sixth Circuit. Both home state senators of Judge Ronnie White, ‘‘had both the second Michigan opening on the indicated their approval of his nomina- home-State Senators been opposed to Sixth Circuit. President Clinton, how- tion. Nevertheless, he was not granted Judge (Ronnie) White in committee, ever, in September of 1999, decided to a Judiciary Committee hearing. In his [he] would never have come to the floor nominate Kathleen McCree Lewis to testimony before the Judiciary Com- under our rules, [and] that would be that seat. mittee, Professor Markus recollected true whether they are Democrat Sen- Soon thereafter, I spoke with Sen- the events: ators or Republican Senators. That has ator Abraham about the Lewis and ‘‘. . . To their credit, Senator DeWine and just been the way the Judiciary Com- White nominations, Senator LEAHY his staff and Senator Hatch’s staff and oth- mittee has operated . . .’’ again urged the Committee to act, call- ers close to him were straight with me. Over During the entire Clinton Presi- ing the treatment of judicial nominees and over again they told me two things: (1) There will be no more confirmations to dency, it is my understanding that not ‘‘unconscionable.’’ the 6th Circuit during the Clinton Adminis- a single judicial nominee got a Judici- On November 18, 1999, I again urged tration, and ary Committee hearing if there was op- Senator Abraham and Chairman HATCH (2) This has nothing to do with you; don’t position by one home-state Senator, let to proceed with hearings for the two take it personally—it doesn’t matter who alone two. In our case, both home-state Michigan nominees. At that time I the nominee is, what credentials they may Senators opposed proceeding with noted that Judge White had been wait- have or what support they may have. President Bush’s Michigan judicial ing for nearly 3 years and that the con- And Professor Markus continued: nominees absent a bipartisan approach, firmation of the two women was ‘‘es- ‘‘. . . On one occasion, Senator DeWine told but the Committee held hearings any- sential for fundamental fairness.’’ 1999 me ‘‘This is bigger than you and it’s bigger way. ended without Judiciary Committee than me.’’ Senator Kohl, who had kindly So, the unreturned blue slips of one hearings. agreed to champion my nomination within the Judiciary Committee, encountered a Republican Senator was enough to In February of 2000 Senator LEAHY similar brick wall . . . The fact was, a deci- block Judiciary Committee consider- spoke again on the Senate floor about sion had been made to hold the vacancies ation of two nominees by a Democratic the multiple vacancies on the Sixth and see who won the presidential election. President. But despite negative blue Circuit. Less than two weeks later, I With a Bush win, all those seats could go to slips of both home State Democratic again made a personal plea to Senator Bush rather than Clinton nominees. Senators, hearings were held for Sixth Abraham and Chairman HATCH to grant The logic of it was quite straight- Circuit nominations of President Bush. a hearing to the Michigan nominees. forward, and unfair. That is inconsistent and unfair. On March 20, 2000, the chief judge of Senator STABENOW and I are not Mr. President, each of us who was the Sixth Circuit sent a letter to Chair- alone in our view that what occurred here during that time knows what hap- man HATCH expressing concerns about with respect to the Michigan nominees pened to President Clinton’s Michigan a reported statement from a member of was fundamentally unfair. As I said, nominees to the Sixth Circuit was un- the Judiciary Committee that ‘‘due to even Judge Gonzales, then-White House fair. Senator HATCH said it accurately, partisan considerations’’ there would Counsel, has acknowledged that the and I give him credit for putting it just be no more hearings or votes on vacan- treatment of some nominees during the this way when, in July of 2004, he said cies for the Sixth Circuit Court of Ap- Clinton administration was ‘‘inexcus- the following: peals during the Clinton administra- able.’’ The two senators from Michigan have been tion. His concern would turn out to be Given that belief, Senator STABENOW very upset and if I’d put myself in their well founded. and I had hoped that the Bush adminis- shoes I’d feel the same way.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6286 CONGRESSIONAL RECORD — SENATE June 9, 2005 Well, it is time, however, to move on. Judge Griffin has engaged in numer- peals for the Sixth Circuit. The Amer- And we support moving on with these ous noteworthy activities. In addition ican Bar Association has rated Judge two nominations and hope that in to his duties on the Michigan Court of McKeague as unanimously ‘‘well-quali- doing so, it might produce some bipar- Appeals, Judge Griffin also devotes a fied’’ for appointment to the Sixth Cir- tisanship and compromise. But biparti- significant amount of time to volun- cuit. sanship cannot just be a one-way teer activities. Judge Griffin has served Judge McKeague is an active member street. It requires reciprocity. as president of the Grant Traverse Zoo- of the community and several profes- In closing, I thank the many Sen- logical Society since 1987. He also has sional associations. Judge McKeague ators who worked for a bipartisan ap- served as chief judge of the YMCA has been active as a member of several proach to the Michigan nominees. In Youth in Government Mock Trial Pro- community, local, and professional or- particular, I thank Senator HARRY gram since 1997. ganizations, including the Judicial REID, who, like Senator Daschle before Judge Griffin has widespread support. Conference of the United States, the him, got personally involved and tried Gerald Ford, 38th President of the Federal Judicial Center, the Michigan to achieve a compromise. I thank Sen- United States, said: State and Ingham County bar associa- ator LEAHY for his extraordinary ef- I can say with conviction that Judge Grif- tions. Both while in private practice forts over the many years. I cannot tell fin is a person of the highest quality char- and while on the Federal bench, Judge you how many times he came to the acter. As the record shows, he has been a McKeague has directed and partici- Senate floor to make a statement. I very excellent Judge with unquestioned in- pated in numerous seminars, moot tegrity. thank him for his efforts personally to Maura D. Corrigan, chief justice, court competitions, and trial advocacy try to resolve this matter. I also thank Michigan Supreme Court, said: programs at high schools, universities Senator SPECTER, who has recently Judge Griffin brings a depth of practical and law schools throughout Michigan. provided some bipartisan suggestions experience and a grasp of real life problems Prior to his confirmation to the Fed- to the White House. to the decisions of cases . . . Richard Allen eral bench, he served 6 years in the With that, Mr. President, I thank the Griffin is a man of integrity and probity who U.S. Army Reserve. Since 1998, he has Chair and yield the floor. is fully capable of discharging the duty of also served as an adjunct professor of I suggest the absence of a quorum. protecting our Constitution and laws. He is law at Michigan State University’s De- The PRESIDING OFFICER (Mr. COR- deserving of the public trust as he has al- troit College of Law, where he teaches NYN). The clerk will call the roll. ready proven himself worthy of that trust Federal Jurisdiction and Trial Advo- The assistant legislative clerk pro- during his years of service to the State of cacy. Michigan. ceeded to call the roll. Judge McKeague has the support of Mr. FRIST. Mr. President, I ask William C. Whitbeck, chief judge, many attorneys and peers in Michigan, unanimous consent that the order for Michigan Court of Appeals, said: including several Democrats. the quorum call be rescinded. [T]here is no question that the United John H. Logie, attorney and Mayor of The PRESIDING OFFICER. Without States Senate should promptly confirm Grand Rapids, said: objection, it is so ordered. Judge Griffin for the position on the Sixth Mr. SPECTER. Mr. President, Presi- Circuit . . . He is a decisive, scholarly judge What emerged from our mutual experi- dent George W. Bush first nominated with an instinct for the core issues and with ences was a deep admiration for Judge Judge Richard Allen Griffin to the a flair for authoring crisp, understandable McKeague’s concerns both with the processes of the court and with their impact on people. Sixth Circuit on June 26, 2002. opinions. Stephen L. Borrello, judge, Michigan If these are matters that we want out appel- During the 108th Congress, on June late judges to have in equal measure, then I 16, 2004, the committee held a hearing Court of Appeals, said: can and do assure you that he will be an ex- on the nomination of Judge Griffin. He Judge Griffin possesses a rare trait cellent choice. amongst my colleagues: an intrinsic sense of was successfully voted out of com- Paul D. Borman, U.S. District Judge mittee on July 20, 2004. justice. His innate fairness is combined with a rigorous work ethic and a thorough grasp for the Eastern District of Michigan, Judge Griffin is a judge of the Michi- said: gan Court of Appeals currently serving of legal issues. Judge Griffin is one of the finest jurists in this State. I have known Judge McKeague for seven his 16th year on the court. years and I can vouch for his intelligence, Judge Griffin is an outstanding and Mr. President, Judge David McKeague was originally nominated by hard work, and commitment to equal protec- highly qualified candidate. tion under the law. After graduating magna cum laude President George W. Bush on November Randall S. Levine, attorney and life- from Western Michigan University 8, 2001, and was renominated by the long Democrat, said: Honors College, Judge Griffin received President on February 14, 2005. He re- his juris doctor from the University of ceived a hearing on June 16, 2004, and Judge McKeague is extremely intelligence, was voted out of the Judiciary Com- possesses a sharp wit and keen intellect . . . Michigan Law School in 1977. His integrity is beyond reproach. Upon graduating from law school, mittee on July 20, 2004. Judge Griffin clerked for the Honorable Judge McKeague is extremely well Mr. LEAHY. Mr. President, as we de- Washtenaw Circuit Judge Ross W. qualified to sit on the Court of Appeals bate the nominations of Richard Grif- Campbell. He then became an associate for the Sixth Circuit. Judge McKeague fin and David McKeague to the Sixth and eventual partner at Coulter has a B.A. from the University of Circuit Court of Appeals, and move on Cunningham, Davison & Read. Michigan and a J.D. from the Univer- to their almost certain confirmation, I In 1985, Judge Griffin started his own sity of Michigan Law School. Upon his believe we must acknowledge the co- firm, Read & Griffin, where he prac- graduation from law school, he joined operation and statesmanship of the two ticed a broad range of litigation, in- the law firm of Foster, Swift, Collins & Senators from Michigan who have com- cluding automobile negligence, prem- Smith, P.C., in Lansing, MI, and was promised a great deal in order to con- ises liability, products liability, and elected a shareholder and director of tribute to the preservation of the rules employment law. Judge Griffin en- the firm. Judge McKeague served on and traditions of the Senate. Senator gaged in both plaintiff and defense per- the firm’s Executive Committee in var- LEVIN and Senator STABENOW have sonal injury litigation. ious offices, and was chairman of the spent much of the last 4 years trying to During this time, Judge Griffin also firm’s Government and Commerce De- persuade the President to fulfill his provided pro bono legal services as a partment, for many years before his constitutional duty and consult with volunteer counselor and attorney with confirmation to the Federal bench in them on his Michigan appointments, to the Third Level Crisis Clinic. 1992. no avail. Because of that lack of co- In 1989, Judge Griffin successfully ran Since February 1992, Judge operation, combined with the shameful for the Michigan Court of Appeals. He McKeague has served as a judge on the treatment given to President Clinton’s was reelected to retain his seat in 1996, U.S. District Court for the Western nominees, the Michigan Senators exer- and again in 2002. District of Michigan. Judge McKeague cised their right as home State Sen- The American Bar Association rated has regularly participated by designa- ators to withhold their consent to the Judge Griffin ‘‘Well-Qualified’’ for ap- tion on, and authorized appellate opin- nominations of candidates chosen with- pointment to the Sixth Circuit. ions for, panels of the U.S. Court of Ap- out consultation to the Sixth Circuit.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6287 The Michigan Senators had the supposed reasonable solutions, including a of Senator BOXER. When the senior port of other Senators. Nonetheless, bipartisan commission, but the White Senator from California announced her the Michigan Senators, with grace and House rejected every one. opposition to the nomination as well at dedication to this institution, with- Although President Bush promised the beginning of a Judiciary Com- drew their opposition to three of those on the campaign trail to be a uniter mittee business meeting, I suggested to nominees as part of the discussions re- and not a divider, his practice once in the chairman that further proceedings lated to averting the nuclear option. office with respect to judicial nominees on that nomination ought to be care- Because of their willingness to go for- has been most divisive. Citing the re- fully considered. I noted that he had ward, we are here today debating and marks of a White House official, The never proceeded on a nomination op- voting upon the confirmation of two Lansing State Journal reported that posed by both home State Senators nominees to the Sixth Circuit despite a President Bush was simply not inter- once their opposition was known. Sen- lack of consultation by President Bush ested in compromise on the existing ator FEINSTEIN likewise reminded the and a complete disregard for the his- vacancies in the State of Michigan. It then-chairman of his statements in tory of this court. is unfortunate that the White House connection with the nomination of First, it is essential to explain what was never willing to work toward con- Ronnie White when he acknowledged a significant break with precedent it sensus with all Senators and on all that had he known both home Sstate was that these two nominees were even courts. Over the last 4 years, time and Senators were opposed, he would never given a hearing in the last Congress again the good faith efforts of Senate have proceeded. Nonetheless, in one in without the support of either of their Democrats to repair the damage done a continuing series of changes of prac- home State Senators. The scheduling to the judicial confirmation process tice and position, the committee was of that hearing was another example of over the previous six years were re- required to proceed with the Kuhl nom- the downward spiral the committee jected. And time and again, the rules ination. A party-line vote was the re- traveled over the last 2 years, when we were thrown by the wayside. sult. witnessed rule after rule broken or When Republicans chaired the Judici- With the Saad nomination, the com- misinterpreted away. ary Committee and we were consid- mittee made a further profound change The list is long. From the way that ering the nominations of a Democratic in its practices. When a Democratic home State Senators were treated to President, one negative blue slip from President was doing the nominating the way hearings were scheduled, to just one home State Senator was and Republican Senators were object- the way the committee questionnaire enough to doom a nomination and pre- ing, a single objection from a single was altered, to the way our commit- vent a hearing on that nomination. home State Senator stalled the nomi- tee’s historic protection of the minor- This included all nominations, includ- nation. There was not a single example ity by committee rule IV was violated; ing those to the circuit courts. How of a single time that the committee the Republican leadership on the com- else to explain the failure to schedule went forward with a hearing over the mittee last Congress destroyed vir- hearings for such qualified and non- objection or negative blue slip of a sin- tually every custom and courtesy that controversial nominees as James Beaty gle Republican home State Senator had been available to help create and and James Wynn, African-American during the Clinton administration. But enforce cooperation and civility in the nominees from North Carolina? What once a Republican President was doing confirmation process. other reason could plausibly be found the nominating, no amount of object- The then-chairman of the committee for what happened to the nominations ing by Democratic Senators was suffi- crossed a critical line that he had of Enrique Moreno and Jorge Rangel— cient. The committee overrode the ob- never before crossed when in June of both Latino, both Harvard graduates, jection of one home State Senator with 2003, he held a hearing for Henry Saad, both highly rated by the ABA, and both the Kuhl nomination. The committee another of the Michigan nominees to denied hearings in the Judiciary Com- overrode the objection of both home the Sixth Circuit, opposed by both of mittee? There is no denying that was State Senators when a hearing and a his home State Senators. It may have the rule during the previous Demo- vote was held on the Saad nomination, been the first time any chairman and cratic administration. There is no way and once more by holding a hearing any Senate Judiciary Committee pro- around the conclusion that with a Re- and vote for the two circuit court ceeded with a hearing on a judicial publican in the White House, the Re- nominees we are discussing today. nominee over the objection of both publicans in the Senate have found it I know it is frustrating that there home State Senators. It was certainly politically expedient to change the have been unfilled vacancies on the the only time in the last 50 years, and rules and reverse their own practices Sixth Circuit for so long. Many of us I know it to be the only time during time and again. experienced worse frustration during my 31 years in the Senate. In all, more than 60 of President Clin- the Clinton years when good nominees Having broken a longstanding prac- ton’s judicial nominees and more than were held up for no discernable rea- tice of the Judiciary Committee found- 200 of his executive branch nominees son—other than politics. During Presi- ed on respect for home State Senators, were defeated in Senate committees dent Clinton’s second term, the Repub- whether in the case of a district or cir- through the enforcement of rules and lican Senate majority shut down the cuit court nominee, the committee’s precedents that the Republican major- process of confirmations to the Sixth leadership did not hesitate to break it ity later found inconvenient—now that Circuit entirely, and three outstanding again and hold a hearing for Richard there is a Republican in the White nominees were not accorded hearings, Griffin and David McKeague. House. Indeed, among the more than 60 committee consideration or Senate The Michigan Senators did not do Clinton judicial nominees who the votes. In fact, while there were num- what so many other Senators did when committee never considered there were bers of vacancies on the Sixth Circuit holding up more than 60 of President more than a few who were blocked de- and nominees for those vacancies, from Clinton’s nominees, and block them si- spite positive blue slips from both November of 1997 there was not a con- lently. To the contrary, they came to home State Senators. So long as a Re- firmation to that court until the con- the committee and articulated their publican Senator had an objection, it firmation of Julia Smith Gibbons while very real grievances with the White appeared to be honored, whether that I was chairman on July 29, 2002, a span House and their honest desire to work was Senator Helms of North Carolina of nearly 5 years. Not a single Sixth towards a bipartisan solution to the objecting to an African-American Circuit nominee was even given a hear- problems filling vacancies in the Sixth nominee from Virginia or Senator Gor- ing during Republican control of the Circuit. We should have respected their ton of Washington objecting to nomi- 106th Congress, and one of the nomi- views, as the views of home State Sen- nees from California. nees, Kent Marcus from Ohio, testified ators have been respected for decades. I During the last Congress, the Judici- at a Judiciary subcommittee hearing urged the White House to work with ary Committee also took the unprece- in 2002 that he was told that he would them. I proposed reasonable solutions dented action of proceeding to a hear- not be confirmed despite public support to the impasse that the White House ing on the nomination of Carolyn Kuhl from his home State Senators. Repub- rejected. The Michigan Senators pro- to the Ninth Circuit over the objection licans wanted to keep the vacancies in

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6288 CONGRESSIONAL RECORD — SENATE June 9, 2005 case a Republican was elected Presi- joined in voting her out the same day, rible moment in the United States Sen- dent. May 2. She did not get an immediate ate when the majority leader would When I chaired the committee, we floor vote due to a dispute between the break the rules to change the rules in broke that impasse with the first Sixth White House and Senators over com- order to achieve the President’s goal of Circuit confirmation in those many missions, but she was ultimately con- packing the courts. They understood years. I scheduled a hearing and a vote firmed on July 29, 2002. the extreme tactics of the Republican for Julia Smith Gibbons of Tennessee, The Sixth Circuit issued its decision majority. I applaud their sacrifice, and who was confirmed shortly thereafter, in the Michigan affirmative action case hope that the President was listening and I did the same for John Rogers of on May 14, 2002, which means the to the 14 other Senators who expressly Kentucky, who was confirmed in No- judges were already working on the asked him in their memorandum of un- vember of 2002. majority and dissenting opinions for derstanding on nominations to engage I know that around the time a Re- weeks, likely even months, given the in real consultation with home State publican leadership staffer was found complexity of the case. The Supreme Senators. That is sound advice. to have stolen confidential Democratic Court, where I think we all knew the In deference to the Michigan Sen- files there were outrageous accusations issue would finally be decided, accepted ators, I will no longer oppose these made that Judge Gibbons’ confirma- the appeal of the affirmative action de- confirmations. Still, there are issues tion was delayed to affect a pending af- cision later that year and issued its related to their records and views that firmative action case in some way. I ruling on June 23, 2003. trouble me. I hope that they will be have never considered the outcome of To say that Democrats used their able to put any ideologies or pre- any particular case when scheduling power to influence the Sixth Circuit in conceptions aside and rule fairly in all that or any other nominee for a hear- any case is demonstrably false. What is cases. ing. factually true is that from the time the As a judge on the Michigan Court of The facts of this nomination belie case against the University of Michi- Appeals since 1989, Judge Griffin has this scurrilous accusation. Judge Gib- gan case was filed in District Court handled and written hundreds of opin- bons was nominated to the Sixth Cir- until the time I facilitated the con- ions involving a range of civil and cuit in October 2001 but did not have a firmation of Judge Gibbons, Repub- criminal law issues. Yet, a review of completed file until November 15, licans had successfully blocked any and Judge Griffin’s cases on the Michigan shortly before the end of the first ses- all appointees to that Circuit. Court of Appeals raises concerns. He sion of the 107th Congress. Before her Even after the 107th Congress, Demo- has not been shy about interjecting his paperwork was complete, the Sixth Cir- crats continued to cooperate in filling own personal views into some of his cuit panel assigned to the affirmative seats on the Sixth Circuit. Although opinions, indicating that he may use action cases had already circulated a many of us strongly opposed their the opportunity, once confirmed, to request for the full court to hear argu- nominations, we did not block the con- further his own agenda when con- ment, and on November 16, the Sixth firmations of two more controversial fronted with cases of first impression. Circuit ordered that the case to be ar- judges to that court: Deborah Cook and For example, in one troubling case gued to the full court. The oral argu- Jeffrey Sutton. With their confirma- involving the Americans with Disabil- ment in that case took place after tions, that brought us to a total of four ities Act—ADA—Doe v. Mich. Dep’t of Thanksgiving, on December 6. Sixth Circuit confirmations in 3 years Corrections, Judge Griffin followed Given the lateness of her nomination, as opposed to no confirmation in the precedent and allowed the State dis- her paperwork, and the year, Gibbons last 3 years of the Clinton administra- ability claim of disabled prisoners to could not realistically have expected a tion. We cut Sixth Circuit vacancies in proceed, but wrote that, if precedent hearing, a committee vote and a con- half. With cooperation from the White had allowed, he would have dismissed firmation vote to all have taken place House, we could have done even better. those claims. Griffin authored the in the 3 weeks between the time her pa- The Republican Senate majority re- opinion in this class action brought by perwork was complete and the time the fused for over 4 years to consider Presi- current and former prisoners who al- Sixth Circuit sat for the oral argument dent Clinton’s well-qualified nominee, leged that the Michigan Department of in that case and took a poll about the Helene White, to the Sixth Circuit. Corrections denied them certain bene- outcome of that case. The ordinary Judge White has served on the Michi- fits on the basis of their HIV-positive practice is that only the judges who gan Court of Appeals with Judge Grif- status. Although Judge Griffin held are on the court at the time the court fin since 1993, and, prior to her success- that the plaintiffs had stated a claim votes to hear the case ‘‘en banc’’ can ful election to that seat, served for for relief, his opinion makes clear that participate in the case, even if they re- nearly 10 years as a trial judge, han- he only ruled this way because he was tire. It is just unreasonable to contend dling a wide range of civil and criminal bound to follow the precedent estab- that Judge Gibbons could have heard cases. She was first nominated by lished in a recent case decided by his the December 6 argument in that case. President Clinton in January 1997, but Court. Moreover, he went on to urge When we returned for the second ses- the Republican-led Senate refused to Congress to invalidate a unanimous sion of the 107th Congress, I scheduled act on her nomination. She waited in Supreme Court decision, written by several hearings at the request of a vain for 1,454 days for a hearing, before Justice Scalia, holding that the ADA number of different Republican Sen- President Bush withdrew her nomina- applies to State prisoners and prisons. ators. The first circuit court nominee tion in March 2001. It stands in con- He wrote, ‘‘While we follow Yeskey, we to get a hearing was Michael Melloy trast to the recent mantra from Repub- urge Congress to amend the ADA to ex- for the Eighth Circuit at Senator licans that every judicial nominee is clude prisoners from the class of per- GRASSLEY’s request; followed by Judge entitled to an up-or-down vote. sons entitled to protection under the Pickering, who was supported by Sen- President Clinton had also nomi- act.’’ ator LOTT; then Judge D. Brooks nated Kathleen McCree Lewis. She is In other cases, he has also articu- Smith, for the Third Circuit, at Sen- the daughter of a former Solicitor Gen- lated personal preferences that favor a ator SPECTER’s request; then Terrence eral of the United States and a former narrow reading of the law, which would O’Brien, for the Eighth Circuit, at the Sixth Circuit Judge. She was also limit individual rights and protections. request of Senators THOMAS and ENZI; passed over for hearings for years. No For example, in Wohlert Special Prod- and Jeffrey Howard, for the First Cir- effort was made to accord her consider- ucts v. Mich. Employment Security cuit, who was supported by Senator ation in the last 18 months of President Comm’n, he reversed the decision of Bob Smith. Clinton’s term. The Republican double the Michigan Employment Security Once those hearings were completed, standard denied her the treatment they Commission and held that striking em- in the week of April 15, I scheduled a now demand for every Bush nominee. ployees were not entitled to unemploy- hearing for Judge Gibbons. Her hearing Despite the flawed process that ment benefits. The Michigan Supreme was held on April 25. I listed her for a brought us here, the Michigan Senators Court vacated part of Judge Griffin’s committee vote the very next week, understood that in recent weeks we decision, noting that he had inappro- and all of the Democratic Senators found ourselves on the brink of a ter- priately made his own findings of fact

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6289 when ruling that the employees were purchase or lease of transmission lines, he plans to spend his time ‘fishing, ca- not entitled to benefits. This case construction of visitor reception cen- noeing, and photographing the area.’ ’’ raises concerns about Judge Griffin’s ters and onsite research. Comparing Pape’s testimony with that willingness to distort precedent to Judge McKeague also dismissed a of the Lujan plaintiff, who had failed to reach the results he favors. suit brought by the Michigan Natural win standing after he presented general In several other cases, Judge Griffin Resources Commission against the facts about prior visits and an intent has gone out of his way to interject his Manufacturer’s National Bank of De- to visit in the future, Judge McKeague conservative personal views into his troit, finding that the bank was not rejected Pape’s complaint as too specu- opinions. The appeals courts are the liable for the costs of environmental lative, based on the Court’s holding in courts of last resort in over 99 percent cleanup at sites owned by a ‘‘troubled Lujan that: of all federal cases and often decide borrower.’’ This is the case of Kelley ex [Plaintiffs’] profession of an ‘‘intent’’ to re- cases of first impression. If confirmed, rel. Mich. Natural Resources Comm’n v. turn to the places [plaintiffs] had visited be- Judge Griffin will have much greater Tiscornia, 810 F. Supp. 901 (W.D. Mich. fore—where they will, presumably, this time, latitude to be a conservative judicial 1993). The bank took over the property be deprived of the opportunity to observe from Auto Specialties Manufacturing animals of the endangered species—is simply activist. not enough to establish standing . . .. Such It is ironic that Judge Griffin’s fa- Company when it defaulted on its ‘‘some day’’ intention— without any descrip- ther who, as Senator in 1968, launched loans. The Natural Resources Commis- tion of concrete plans, or indeed, even any the first filibuster of a Supreme Court sion argued that the bank should be re- specification of when the some day will be— nominee and blocked the nomination sponsible for taking over the cost of do not support a finding of the ‘‘actual or of Justice Abe Fortas to serve as Chief cleanup because it held the property imminent’’ injury that our cases require. Justice. Despite the deference given in when the toxic spill occurred, but In concluding that ‘‘the allegations those days to the President’s selected Judge McKeague disagreed. contained in plaintiff’s first amended nominee, former Senator Griffin led a In Miron v. Menominee County, 795 F. complaint fail to establish an actual core group of Republican Senators in Supp. 840 (W.D. Mich. 1992), Judge injury because they do not include an derailing President Johnson’s nomina- McKeague rejected the efforts of a cit- allegation that plaintiff has specific tion by filibustering for days. Eventu- izen who lived close to a landfill to re- plans to use the allegedly affected area ally, Justice Fortas withdrew his nomi- quire the Federal Aviation Administra- in the future,’’ Judge McKeague nation. I know that the Republicans tion to enjoin landfill cleanup efforts seemed to ignore completely the de- here have called filibusters of Federal until an environmental impact state- tailed fact description that Pape sub- judges ‘‘unconstitutional’’ and ‘‘un- ment regarding the efforts could be mitted in his amendment complaint. precedented’’, but this nominee’s fa- prepared. The citizen contended that if The judge further asserted that there ther actually set the modern precedent the statement were prepared, the inad- was no causal connection between the for blocking nominees by filibuster on equacies of a State-sponsored cleanup injury and the activity complained of, the Senate floor. would be revealed and appropriate cor- and that, in any case, the alleged in- The second of the two nominees be- rective measures would be undertaken jury was not redressable by the suit. fore us today is David McKeague. His to minimize further environmental On another important topic, that of record raises some concerns, and his contamination and wetlands destruc- the scheme of enforcing the civil and answers to my written questions on tion. Holding that the alleged environ- constitutional rights of institutional- some of these issues did little or noth- mental injuries were ‘‘remote and spec- ized persons, I am concerned about one ing to assuage them. ulative,’’ Judge McKeague denied the of Judge McKeague’s decisions. In 1994, In particular, I am concerned about requested injunctive relief. in United States v. Michigan, 868 F. Judge McKeague’s decisions in a series In Pape v. U.S. Army Corps of Engi- Supp. 890 (W.D. Mi. 1994), he refused to of cases on environmental issues. In neers, 1998 U.S. Dist. LEXIS 9253 (W.D. allow the Department of Justice access Northwoods Wilderness Recovery v. Mich.), Judge McKeague seems to have to Michigan prisons in the course of its United States Forest Serv., 323 F.3d 405 ignored relevant facts in order to pre- investigation into some now notorious (6th Cir. 2003), Judge McKeague would vent citizen enforcement of environ- claims of sexual abuse of women pris- have allowed the U.S. Forest Service to mental protections. Dale Pape, a pri- oners by guards undermines the long- commence a harvesting project that al- vate citizen and wildlife photographer, established system under the Constitu- lowed selective logging and clear-cut- sued the U.S. Corps of Army Engineers tional Rights of Institutionalized Per- ting in areas of Michigan’s upper pe- under the Federal Resource Conserva- sons Act or CRIPA. That act’s inves- ninsula. The appellate court reversed tion and Recovery Act of 1976 (RCRA), tigative and enforcement regime is un- him and found that the Forest Service alleging that the Corps mishandled workable if the Department of Justice had not adhered to a ‘‘statutorily man- hazardous waste in violation of RCRA, is denied access to State prisons to de- dated environmental analysis’’ prior to destroying wildlife in a park near the termine if enough evidence exists to approval of the project, which was site. Despite the Supreme Court’s hold- file suit, and Judge McKeague’s tor- dubbed ‘‘Rolling Thunder.’’ ing in Lujan v. Defenders of Wildlife tured reasoning made it impossible for Sitting by designation on the Sixth that ‘‘the desire to use or observe an the investigation to continue in his Circuit, Judge McKeague joined in an animal species, even for purely esthetic district. opinion that permitted the Tennessee purposes, is undeniably a cognizable in- I know that concern for the rights of Valley Authority—TVA—broadly to interest for purpose of standing,’’ and prisoners who have often committed terpret a clause of the National Envi- even though RCRA specifically con- horrendous criminal acts is not politi- ronmental Policy Act in a way that ferred the right for citizen suits cally popular, but Congress enacted the would allow the TVA to conduct large- against the government for failure to law and expected its statute and its scale timber harvesting operations implement orders or to protect the en- clear intent to be followed. It seems to without performing site-specific envi- vironment or health and safety, Judge me that Judge McKeague disregarded ronmental assessments. This is the McKeague dismissed the case, holding legislative history and the clear intent case of Help Alert Western Ky., Inc. v. that plaintiff lacked standing to sue. of the law, and that sort of judging is Tenn. Valley Authority, 1999 U.S. App. Judge McKeague found plaintiff’s of concern to me. LEXIS 23759 (6th Cir. 1999). The major- complaint insufficient on several Finally, I must express my profound ity decision in this case permitted the grounds, in particular plaintiff’s inabil- disappointment in his answer to a TVA to determine that logging oper- ity to establish which site specifically question I sent him about a presen- ations that covered 2,147 acres of land he would visit in the future. Plaintiff tation he made in the Fall of 2000, were ‘‘minor,’’ and thus fell under a had stated in his complaint that he when he made what I judged to be inap- categorical exclusion to the environ- ‘‘has visited the ‘area around’ the propriate and insensitive comments mental impact statement requirement. RACO site ‘at least five times per year’ about the health and well-being of sit- The dissent in this case noted that the and that he has made plans to vacation ting Supreme Court Justices. In a exclusion in the past had applied only in ‘Soldiers Park’ located ‘near’ the speech to a law school audience about to truly ‘‘minor’’ activities, such as the RACO site in early October 1998, where the impact of the 2000 elections on the

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6290 CONGRESSIONAL RECORD — SENATE June 9, 2005 courts, Judge McKeague discussed the the Federal circuit courts was 10.5 Senators do not get to pick circuit possibility of vacancies on the Court months. But in the Sixth Circuit, it court judges in Republican administra- over the following year. In doing so he took almost 17 months to decide an ap- tions. felt it necessary to not only refer to— peal. For your average litigant, that Article II, section 2 of the Constitu- but to make a chart of—the Justices’ means in other circuits, if you file your tion clearly provides that the Presi- particular health problems, and ghoul- appeal at the beginning of the year, dent, and the President alone, nomi- ishly focus on their life expectancy by you get your decision around Hal- nates judges. It then adds that the Sen- highlighting their ages. He says he loween. But in the Sixth Circuit, if you ate is to provide its advice and consent does not believe he was disrespectful, file your appeal at the same time, you to the nominations that the President and used only public information. get your decision after the following has made. By tradition, the President There were other, better ways he could Memorial Day—over a half year later. may consult with Senators. But the have made the same point, and it is too Mr. President, you know the old say- tradition of ‘‘consultation’’ does not bad he still cannot see that. ing that ‘‘justice delayed is justice de- transform individual Senators into co- Under our Constitution, the Senate nied.’’ Well, the thirty million resi- presidents. We have elections for that, has an important role in the selection dents of the Sixth Circuit have been de- and President Bush has won the last of our judiciary. The brilliant design of nied justice due to the continued ob- two. our Founders established that the first struction of Michigan nominees by my Fortunately, it appears our friends two branches of Government would Democrat colleagues. What is the rea- from Michigan have reconsidered their work together to equip the third son for this sorry state of affairs? An position. As a result, two fine jurists, branch to serve as an independent arbi- intra-delegation spat in the Michigan Judge Richard Griffin and Judge David ter of justice. As columnist George Will delegation from years ago—when a McKeague, will get up or down votes, once wrote: ‘‘A proper constitution dis- quarter of the current Senate was not and will be confirmed to the Sixth Cir- cuit Court of Appeals. All residents of tributes power among legislative, exec- even here. Nor, I might add, was the the Sixth Circuit will benefit from utive and judicial institutions so that current President around either. This their service on that court. We should the will of the majority can be meas- dispute has dragged on year after year. all be thankful for that. ured, expressed in policy and, for the I do not know who started it. Mr. FRIST. Mr. President, before the My colleagues from Michigan cite protection of minorities, somewhat recess, the Senate confirmed Priscilla Clinton nominees to the Sixth Circuit limited.’’ The structure of our Con- Owen to the Fifth Circuit Court of Ap- stitution and our own Senate rules of who did not receive hearings. Other peals. Yesterday, we confirmed Janice self-governance are designed to protect people note that our colleagues from Rogers Brown to the DC Circuit. And minority rights and to encourage con- Michigan do not have a monopoly on earlier today, William Pryor was consensus. Despite the razor-thin margin disappointment. They point to Michi- firmed to serve on the Eleventh Circuit of recent elections, the majority party gan nominees from President George Court of Apeals. has never acted in a measured way but Herbert Walker Bush, such as Henry All three of these judges had been in complete disregard for the traditions Saad and John Smietanka, who did not waiting for years to get an up-or-down of bipartisanship that are the hallmark get hearings when Democrats con- vote on the Senate floor. Until 2 weeks of the Senate. It acted to ignore prece- trolled the Senate Judiciary Com- ago, all three of these nominees had dents and reinterpret longstanding mittee in the early 1990s. been blocked by partisan obstruc- rules to its advantage, but fortunately Regardless of who started what and tionist tactics. its attempt to eliminate the voice of when, all the residents in the Sixth In a few minutes, we will give Judge the minority entirely failed because of Circuit have been suffering from the Richard Griffin and Judge David the efforts of well-meaning and fair- refusal of our Democratic colleagues to McKeague fair up or down votes. We minded Senators. Two more well-mean- allow these seats from Michigan to be are making progress on fulfilling our ing and fair-minded Senators did their filled. Moreover, this obstruction has constitutional duty to advise and con- part to save the Senate by clearing the been out of all proportion to any al- sent. way for the confirmation of the two leged grievance. Specifically, our col- The judges before us now are nomi- nominees today. I hope that despite the leagues had been blocking four circuit nees to the Sixth Circuit Court of Ap- concerns I have expressed and others court nominees from Michigan, as well peals—a circuit which includes Michi- that may emerge during this debate, as three district court nominees from gan, Ohio, Kentucky, and my home once confirmed Judge Griffin and Michigan. But of these seven Michigan State of Tennessee. It is a circuit that Judge McKeague will fulfill their oath vacancies that the Democrats had been desperately needs new judges. My cir- and provide fair and impartial justice refusing to let the Senate fill, five of cuit—the Sixth Circuit—has the high- to all who come before them. the seats were not even involved in this est vacancy rate and the slowest ap- Mr. MCCONNELL. Mr. President, I dispute. President Clinton never nomi- peals process in the Nation. rise in support of the nominations of nated anyone to the seat to which cur- For the last 3 years, the Sixth Cir- David McKeague and Richard Griffin to rent nominee Henry Saad has been cuit has had the highest the vacancy rate for Federal judges in the nation. the Sixth Circuit Court of Appeals. nominated. The seat to which current The Sixth Circuit covers thirty mil- nominee David McKeague has been Twenty five percent—4 out of 16—of its lion people in Michigan, Ohio, Ten- nominated did not even become vacant seats are empty. All four have been de- nessee and my home State of Ken- until the current Bush administration. clared judicial emergencies. These vacant judgeships have turned tucky. For the last several years, the And the three district court seats that the Sixth Circuit into the slowest cir- Sixth Circuit has been operating with are being blocked were not involved in cuit in the country. Consider that the at least one-fourth of its 16 seats the dispute either. So my friends from national average for an appeal is about empty. This 25 percent vacancy rate is Michigan had been holding up one- 10 months. In the Sixth Circuit, it the highest vacancy rate among Fed- fourth of an entire circuit in crisis, takes almost 17. eral circuit courts. The Administrative along with three district court seats, This situation is unfair to our con- Office of the Courts has declared all because of an internal dispute about stituents and unfair to the hard-work- four of these empty seats to be ‘‘judi- two seats, the genesis of which oc- ing judges who labor under increas- cial emergencies.’’ curred years ago. ingly heavy caseloads. Because of this high vacancy rate, What had my friends from Michigan Judicial obstruction has been delay- the Sixth Circuit has been operating been demanding in order to lift this ing and denying justice to the 30 mil- under a crushing caseload burden and blockade? They had wanted to pick cir- lion people who live in the Sixth Cir- has been the slowest circuit in the Na- cuit court appointments. Mr. Presi- cuit. It is time to end this judicial ob- tion. According to the AOC, last year— dent, let us get back to first principles. struction and fill these seats with like the year before it—the Sixth Cir- As much as they would like to, Demo- qualified judges. cuit was a full 60 percent behind the crat Senators do not get to pick circuit I would like to comment briefly on national average. In 2004, the national court judges in Republican administra- the backgrounds of Judges McKeague average for disposing of an appeal in tions. For that matter, Republican and Griffin.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6291 The President nominated Judge Mr. President, for the information of VOTE ON NOMINATION OF RICHARD A. GRIFFIN McKeague on November 8, 2001, and our colleagues, we plan on beginning The PRESIDING OFFICER. The Judge Griffin on June 26, 2002. the votes—there will be two votes—in question is, Will the Senate advise and Judge Griffin has extensive experi- about 5 minutes. I know a number of consent to the nomination of Richard ence as a practicing attorney. He has people are in meetings and around the A. Griffin, of Michigan, to be United appeared before the Federal district Hill, but I want to notify them that we States Circuit Judge for the Sixth Cir- courts in Michigan and before the will begin voting at 4:55, in about 5 cuit? The yeas and nays have been or- Sixth Circuit Court of Appeals. minutes. dered. The clerk will call the roll. He also has served with distinction as Mr. LEAHY. Mr. President, with the The assistant legislative clerk called a State court judge for well over a dec- leader on the floor, have the yeas and the roll. ade. As an appellate judge, he wrote nays been ordered on these two nomi- Mr. MCCONNELL. The following Sen- over 280 published opinions and heard nees? ators were necessarily absent: the Sen- thousands of criminal and civil cases. The PRESIDING OFFICER. They ator from Tennessee (Mr. ALEXANDER) He enjoys bipartisan support from his have not. and the Senator from Alaska (Ms. MUR- colleagues. The chief judge of the Mr. LEAHY. Mr. President, I ask KOWSKI). Michigan Court of Appeals has called unanimous consent that it be in order Further, if present and voting, the Judge Griffin a ‘‘decisive scholarly at this time to ask for the yeas and Senator from Tennessee (Mr. ALEX- judge with an instinct for the core nays on both nominations. ANDER) would have voted ‘‘yea.’’ issues and with a flair for authoring The PRESIDING OFFICER. Without Mr. DURBIN. I announce that the crisp understandable opinions.’’ objection, it is so ordered. Senator from Delaware (Mr. BIDEN), Judge Griffin has been waiting nearly Mr. LEAHY. Mr. President, I ask for the Senator from Vermont (Mr. JEF- 3 years for a fair up or down vote. It is the yeas and nays. FORDS), and the Senator from Illinois time to give him that courtesy. It is The PRESIDING OFFICER. Is there a (Mr. OBAMA) are necessarily absent. time to vote. sufficient second? I further announce that, if present Judge David McKeague, likewise, is a There appears to be a sufficient sec- and voting, the Senator from Delaware highly regarded jurist. In 1992, the Sen- ond. (Mr. BIDEN) would vote ‘‘yea.’’ ate voted unanimously to confirm him The yeas and nays were ordered. The PRESIDING OFFICER (Mr. to serve on the U.S. District Court for Mr. LEAHY. Mr. President, I know COLEMAN). Are there any other Sen- the Western District of Michigan. the two Senators from Michigan sup- ators in the Chamber desiring to vote? Many of those same Senators who port both these nominees. They both The result was announced—yeas 95, confirmed Judge McKeague to the dis- returned positive blue slips, which is nays 0, as follows: trict court have been obstructing his one of the reasons they are moving so [Rollcall Vote No. 134 Ex.] nomination to the appellate court for quickly. YEAS—95 over 3 years. Judge McKeague was also appointed As to when the time arrives that the Akaka Dole Martinez by Supreme Court Chief Justice leader wishes to begin the votes, I ask Allard Domenici McCain unanimous consent that at that time Allen Dorgan McConnell Rehnquist to serve on the Judicial Con- Baucus Durbin the time on this side of the aisle be Mikulski ference’s Committee on Defender Serv- Bayh Ensign Murray ices and on the Federal Judicial Cen- yielded back, whether I am on the floor Bennett Enzi Nelson (FL) Bingaman Feingold ter’s District Judges Education Com- or not. Nelson (NE) Mr. FRIST. No objection. Bond Feinstein Pryor mittee, which he chairs. Boxer Frist The PRESIDING OFFICER. Without Reed Those in the legal community who Brownback Graham Reid Bunning Grassley objection, it is so ordered. Roberts have worked with Judge McKeague re- Burns Gregg Mr. FRIST. Mr. President, I under- Rockefeller spect him. One fellow attorney called Burr Hagel Salazar stand that all time will have been Byrd Harkin him ‘‘a person of unquestioned honor Santorum yielded back and, therefore, we will be Cantwell Hatch and integrity. Judge McKeague’s judg- Sarbanes Carper Hutchison ments are sound, impartial, and starting the vote at 4:55 sharp. Schumer I suggest the absence of a quorum. Chafee Inhofe prompt.’’ Chambliss Inouye Sessions Attorneys who have represented cli- The PRESIDING OFFICER. The Clinton Isakson Shelby Smith ents before Judge McKeague say that clerk will call the roll. Coburn Johnson The assistant legislative clerk pro- Cochran Kennedy Snowe he is fair and ‘‘treats all litigants and Specter ceeded to call the roll. Coleman Kerry litigators with courtesy and respect’’ Collins Kohl Stabenow and that ‘‘his rulings are well reasoned Mr. SPECTER. Mr. President, I ask Conrad Kyl Stevens Sununu with due regard for precedent and the unanimous consent that the order for Cornyn Landrieu the quorum call be rescinded. Corzine Lautenberg Talent law.’’ Craig Leahy Thomas Judge McKeague has been waiting The PRESIDING OFFICER. Without Crapo Levin Thune nearly 4 years for an up-or-down vote. objection, it is so ordered. Dayton Lieberman Vitter It is time to give him that courtesy. It Mr. SPECTER. Mr. President, I know DeMint Lincoln Voinovich our colleagues are anxious to vote. I DeWine Lott Warner is time to vote. Dodd Lugar Wyden Judges Griffin and McKeague are have put into the RECORD statements NOT VOTING—5 highly qualified individuals with exten- in support of the nominations of Rich- ard Allen Griffin to be a judge on the Alexander Jeffords Obama sive legal experience and bipartisan Biden Murkowski support. Both have been rated ‘‘well Sixth Circuit Court of Appeals and qualified’’ by the American Bar Asso- David W. McKeague to be, similarly, a The nomination was confirmed. ciation, the highest rating possible. judge on the Sixth Circuit. It would VOTE ON NOMINATION OF DAVID W. MCKEAGUE It is only because of partisan ob- have been gratifying a couple of years The PRESIDING OFFICER. The struction that they have not received a ago to have had this confirmation at question is, Will the Senate advise and fair vote. Justice has been delayed be- that time, but it is good to have it now consent to the nomination of David W. cause an up-or-down vote has been de- rather than at some time in the future. McKeague, of Michigan, to be a United nied. It would not serve any useful purpose States Circuit Judge for the Sixth Cir- I hope things are changing in the to go through the litany of reasons cuit? On this question, the yeas and Senate. I am pleased that with today’s these nominees have been held up. Suf- nays have been ordered. The clerk will votes the Senate is continuing to move fice it to say, they are very well quali- call the roll. forward to embrace the principle of fair fied, and the Sixth Circuit is in a state The legislative clerk called the roll. up or down votes on judicial nominees. of crisis, and it will help the adminis- Mr. MCCONNELL. The following Sen- I urge my colleagues to join me to tration of justice to have these nomi- ators were necessarily absent: the Sen- vote to confirm Judge Griffin and nees confirmed. ator from Tennessee (Mr. ALEXANDER), Judge McKeague to the Federal appeals Mr. President, I believe we are ready and the Senator from Alaska (Ms. MUR- court. to vote. KOWSKI).

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6292 CONGRESSIONAL RECORD — SENATE June 9, 2005 Further, if present and voting, the The PRESIDING OFFICER. Without mitted individual, and I know he is Senator from Tennessee (Mr. ALEX- objection, it is so ordered. going to try to put together programs ANDER) would have voted ‘‘yea.’’ Mr. FRIST. I ask unanimous consent which will get that agency focused and Mr. DURBIN. I announce that the that at 6:30 p.m. on Monday, June 13, functioning in a manner in which the Senator from Delaware (Mr. BIDEN), the Judiciary Committee be discharged American people expect. and the Senator from Vermont (Mr. from further consideration of S. Res. 39 As we look at the agency, however, I JEFFORDS), are necessarily absent. and the Senate proceed to its imme- do think we have to be driven by a cer- I further announce that if present diate consideration. I further ask unan- tain theory or theme, a set of policies. and voting, the Senator from Delaware imous consent there be 3 hours for de- The first is that we address threat first (Mr. BIDEN) would vote ‘‘yea.’’ bate with the time equally divided and and that we start with the highest The PRESIDING OFFICER (Mr. controlled between Senators LANDRIEU threats as being the first threats which CHAFEE). Are there any other Senators and ALLEN or their designees, and upon we should focus on. Of course, the high- in the Chamber desiring to vote? the use or yielding back of time, the est threats are weapons of mass de- The result was announced—yeas 96, Senate proceed to a vote on the adop- struction coming into the country or nays 0, as follows: tion of the resolution without inter- being developed in the country which [Rollcall Vote No. 135 Ex.] vening action or debate. I ask unani- would be used against American citi- YEAS—96 mous consent that upon adoption, the zens. preamble then be agreed to, and the Those weapons involve things such as Akaka Dole Martinez chemical or biological weapons or po- Allard Domenici McCain motion to reconsider be laid upon the Allen Dorgan McConnell table. tentially some sort of nuclear device. Baucus Durbin Mikulski The PRESIDING OFFICER (Mr. ISAK- So we must prepare ourselves and focus Bayh Ensign Murray that Department on making sure that Bennett Enzi Nelson (FL) SON) Without objection, it is so or- Bingaman Feingold Nelson (NE) dered. it is ready to deal with those types of Bond Feinstein Obama threats. Boxer Frist Pryor f Some of the responsibility for mak- Brownback Graham Reed MORNING BUSINESS ing ourselves adequately prepared in Bunning Grassley Reid Burns Gregg Roberts Mr. FRIST. Mr. President, I ask the area, especially biologics, falls out- Burr Hagel Rockefeller unanimous consent there now be a pe- side the Department and falls with the Byrd Harkin Salazar riod of morning business with Senators CDC or HHS—the Health and Human Cantwell Hatch Santorum Services Department—which have re- Carper Hutchison Sarbanes permitted to speak for up to 10 minutes Chafee Inhofe Schumer each. sponsibility for developing vaccines. Chambliss Inouye Sessions The PRESIDING OFFICER. Without NIH, for example, National Institutes Clinton Isakson Shelby objection, it is so ordered. of Health, has the responsibility for Coburn Johnson Smith making sure that we are on course to Cochran Kennedy Snowe f Coleman Kerry Specter bring on line adequate responses should Collins Kohl Stabenow FUNDING FOR HOMELAND we be attacked with a biological weap- Conrad Kyl Stevens SECURITY on such as anthrax, a plague or botu- Cornyn Landrieu Sununu Corzine Lautenberg Talent Mr. GREGG. Mr. President, I rise to lism. Craig Leahy Thomas speak a little bit about the Department The Department still has a huge role Crapo Levin Thune in this area, and it obviously has a role Dayton Lieberman Vitter of Homeland Security. I have the good fortune to chair their appropriations in the nuclear area of detection and DeMint Lincoln Voinovich making sure that we are ready to try DeWine Lott Warner committee, and we will be marking up Dodd Lugar Wyden the appropriations bill relative to that to anticipate and stop a weapon of that sort. Below that level of addressing the NOT VOTING—4 agency next week, hopefully, if we can weapons of mass destruction issues, we straighten out the proper allocations Alexander Jeffords have to look at the other areas of Biden Murkowski for funding within the budget, which I threat and how we as a government are expect to happen today under the lead- The nomination was confirmed. structured to handle it. The PRESIDING OFFICER. The ership of Chairman COCHRAN. There was a report today that the President will be immediately notified The Homeland Security Department President of the United States, in a of the Senate’s action. is a big one because, of course, this meeting with the leadership of the The majority leader. goes to the essence of how we protect House at least, and maybe the Senate, f ourselves as a nation, how we make said that he thought we should be fo- sure that we are ready should we be at- ORDER OF PROCEDURE cusing on border security as a priority tacked, and how we, hopefully, make it in the area of maintaining our security Mr. FRIST. Mr. President, pursuant possible for us to avoid such an attack. as a nation. I think that is absolutely to the order of May 24, I ask unani- Regrettably, the Department of Home- true. Most Americans today wonder mous consent that at 2:30 p.m. on Mon- land Security has been thrown to- why there are still literally tens of day, June 13, the Senate proceed to the gether and has had some problems as it thousands, maybe hundreds of thou- Griffith nomination as provided under has tried to shake out in the post-9/11 sands of people coming across our bor- the order; provided further that fol- world. ders, entering this country illegally. lowing the use or yielding back of In fact, the problems have been so ex- A lot of other Americans wonder why time, the Senate resume legislative treme that almost a day does not go by today there is so much happening in session and the vote occur on the con- that we do not see an inspector general the area of people coming into the firmation of the nomination at 10 a.m. report or a GAO report outlining some country without us knowing what their on Tuesday, June 14. function of that agency which simply purposes are or what their potential The PRESIDING OFFICER. Without is not working correctly. Today, there threat is as individuals. There is con- objection, it is so ordered. was a report where the inspector gen- cern about our capacity to screen folks Mr. FRIST. I ask unanimous consent eral found that there were no backup who are coming into this Nation who that on Tuesday, immediately fol- computer systems within the Depart- may have as one of their purposes to do lowing the vote on the Griffith nomina- ment for some of the critical agencies us harm. We need to strengthen our tion, the Senate proceed to the consid- that are involved, but that is only one ability to stay on top of this situation. eration of H.R. 6, the Energy bill; proof literally a stack of GAO and inspec- There is significant concern about vided further that the chairman be rector general reports which probably is 2 what is happening within our ports and ognized in order to offer the Senate-re- or 3 feet high. whether we are putting in place sys- ported bill as a substitute amendment, There is a lot to do in this agency. tems which adequately review and give the amendment be agreed to and con- Certainly, I congratulate the President us the capacity to address what might sidered as original text for the purpose on bringing aboard Secretary Chertoff. be in a container in one of the hun- of further amendment. I know he is a hard-driving and com- dreds of thousands of containers that

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6293 come into this country on a daily try and what is coming into the coun- There is other work we need to do. basis. So this is an area of high pri- try. Today, we do not have that capac- We need to increase the number of de- ority. If this report is correct, it is ity. Within that effort we need to have tention beds. We need to increase the very good that the President has de- not only people, but we need to have number of people who are doing the cided to put significant focus on the infrastructure in the form of tech- prosecution of detainees. We need to issue of border security beyond what nology capability and in the form of increase the capability, the physical was obviously energy that was being physical plant capability. plant capacity of the Border Patrol and put into that effort to begin with any- Secondly, we have to have a program the Immigration and Customs officers. way. in place as a nation which does not cre- We need a lot of physical plant and There is no question there has been ate an incentive for people to come people and technology and we are going significant effort in this area, but it into the country illegally. That gets to take from other accounts to try to needs a lot more effort, and that brings into this whole question of guest work- accomplish that as we move this Home- me to what we are planning to do with er. My Appropriations Committee may land Security bill forward. not have that jurisdiction. We would the appropriations bill. I want to lay I am putting people on notice that out a bit of a precursor to that bill so love to have that jurisdiction. We have it marginally, but that is an author- this is the direction we are going. It is people will know what is coming and my opinion as we move this bill across can anticipate it. izing exercise, and maybe it will be debated on this bill. But, in any event, we the floor there should be and will be a Basically, what we intend to do is re- lot of interest in this area because se- orient, to the extent we can, funds are going to focus on that first part where we do have jurisdiction, which is curing our borders is, as the President within the moneys we have available to has stated at least indirectly, through us for the Department of Homeland Se- we are going to significantly tool up our physical and personnel capabilities hearsay as presented by the leadership curity to focus on border security be- of the House, a priority on which it is cause we consider that—or I happen to and our technology capabilities in order to try to address border security time we focused like a laser beam and consider—after we go below the weap- took some action. ons of mass destruction issue, to be the at the first level, which is a question of most significant area of need from the having the people and the resources on Mr. SESSIONS. Will the Senator standpoint of protecting our national the borders, in the ports, in order to ef- yield for a question? security and making sure that we are fectively manage our borders. Mr. GREGG. I am happy to yield to able to manage our national security. This is not an overnight event. This the Senator from Alabama for a ques- Unfortunately, the proposal that has been attempted before and it has tion, or I will yield the floor. been singularly unsuccessful. When I came up to us from the administration Mr. SESSIONS. I am very pleased the had responsibility for Immigration and prior to this recent discussion which Senator from New Hampshire, Mr. Border Patrol in the prior committee occurred at the White House yesterday GREGG, is chairing this important com- that was moved over from the Justice or the day before did not put the type mittee. He has had a large number of of resources or focus on that Depart- Department when they had the Justice Department responsibility moved over years of intense interest in improving ment that was necessary within the homeland security. context of the entire Homeland Secu- to Homeland Security, we were in the midst of trying to gear up the number I am not sure he is aware, but yester- rity Department. As a result, in order of Border Patrol agents and we made a day there was a hearing in the Judici- to accomplish that within the dollars commitment to add literally thousands ary Committee on the Joint Terrorism we have—and the dollars are going to of Border Patrol agents over a series of Subcommittee and the Immigration be fairly significant because the chair- years. Unfortunately, the Border Pa- Subcommittee. It dealt with people man of the Appropriations Committee, trol first was not able to recruit the coming into the country illegally, peo- I believe, has stated not publicly yet people at the price we were willing to ple who were other than Mexicans, on but has at least implied that he intends pay them because the people were re- the Mexican border. The story, as de- to fund aggressively this activity of quired to be bilingual and actually had scribed by a reporter in a newspaper ar- the Federal Government because he un- talents that in the marketplace could ticle of early May, said that a group— derstands the importance of the secu- command more than we were willing to for example, in this case 20 from rity of our Nation. He used to be chair- pay them, and second, we did not have Brazil—came across the border, looked man of this subcommittee and cer- the training facilities, so we ended up for the Immigration Border Patrol peo- tainly knows its needs. So he is going never reaching the increase in numbers ple, and immediately went up to them to give us an allocation which is fairly of Border Patrol we need in order to ef- and turned themselves in to them. significant. Within that allocation we fectively address the border. They were taken into some form of do intend to reform and restructure so We are going to try again. The Bor- custody, placed in some form of trans- that we are putting more money into der Patrol told us the number they portation, transported further into the homeland security. think they can train up in a year. We country, and then released on their That is going to mean that other ac- are going to give them more training own recognizance. Of the 8,908 notices counts we might want to have funded capacity so in later years we can train to appear that the immigration court at a higher level are not going to be more people. We are going to put in in Harlington issued to non-Mexicans, funded at quite so high a level. We are pay scales—we already have—that will 8,767 of them never showed up when going to set priorities. My view of how make it a more attractive job. And we they were supposed to come to court. we fund the issue of protecting our na- are going to start to hire people who First, I would note there are a lot of tional security is that we address the can do the job effectively at fairly sig- people other than our Mexican neigh- issue of threat, pick the highest threat, nificant numbers. and fund responses to that threat. On top of that, we have to do other bors who are coming across that bor- After the issue of weapons of mass de- things. There is within the Department der. Second, there were some plans to struction, the highest threat is our of Homeland Security a program called expedite removal to these other coun- failure to manage our borders; thus, we US-VISIT, about which I have serious tries, which is somewhat difficult. are going to put more money into that. misgivings. It is a massive computer Maybe one-fifth of these are being han- That means we will have to take undertaking. I have seen these before dled in the more expedited and effec- money from accounts which are not in other agencies and my sense is this tive way. But I wanted to share that necessarily going to make those folks computer initiative is not going well with the Senator. I ask if he thought happy in those accounts, but it is nec- and is not evolving the software and the committee would be responsive to essary if we are going to adequately hardware capabilities necessary. We requests from the Administration to fund this area. are going to try to focus on that and fund those expedited programs, because It is a two-step effort, really. First, hopefully turn that corner so that pro- what we are doing now is not effective we have to put on the border the nec- gram will in the end be an asset, so we at all. essary capability to have a reasonable will know who is coming in the coun- Mr. GREGG. The Senator from Ala- review of who is coming into the country. bama has pointed to one of the many

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6294 CONGRESSIONAL RECORD — SENATE June 9, 2005 anecdotal but glaringly difficult in- tinue to demand that our teachers de- Last October, Mr. Feinberg sub- stances that should cause us all con- velop greater subject matter expertise, mitted to the Department of Justice a cern. We are hearing anecdotal infor- but we have yet to figure out how to final report summarizing the accom- mation that the Border Patrol is find- help teachers learn while they are still plishments and work of the September ing material that is clearly written in needed in the classroom full time. In 11 Victim Compensation Fund. While Arabic, and is clearly Islamic fun- addition, to meet growing student need the September 11 Victim Compensation damentalist, at the border. People have we will need to bring over 2 million Fund has reached its final deadline, left it there or it has been left behind new teachers into our public schools Families of September 11 continues its by people coming across the border, it over the next decade. mission, including supporting legisla- appears. So that is obviously an ex- We must attract, develop, and retain tion on security and intelligence re- treme concern. as many talented teachers as we can form. This week, Families of Septem- But your story reflects the fact that muster. We must act now to begin ber 11 also submitted a final report to these borders are simply not controlled meeting this critical national crisis. the Department of Justice, sharing the and we don’t have the capacity to han- That is why I am proud to introduce experiences of the victims and their dle the people when we do catch them. with Senator KENNEDY the Teacher Ex- families, including those who chose not That is going to take a rethinking of cellence For All Children Act of 2005. to participate in the September 11 Vic- the effort. It is going to take a lot of The TEACH Act provides financial in- tim Compensation Fund. The report in resources. As we move forward as a centives to attract and retain our best its entirety may be read at http:// Congress, we have to think about: Are teachers and principals. The TEACH www.familiesofseptember11.org. we putting too many resources in other Act helps schools recognize and reward Mr. President, I ask that a copy of the Executive Summary of this report accounts when we should be focusing the best teachers. The TEACH Act en- be in the RECORD for lawmakers and on the border? I will take two exam- courages good teachers to work in the schools that need good teachers the the public to review. ples. There being no objection, the mate- most, and it also encourages teachers One is TSA, our transportation secu- rial was ordered to be printed in the rity, which we see in our airports. How to specialize in the subjects which need RECORD, as follows: many people can we afford there versus the most teachers. Finally, the TEACH EXECUTIVE SUMMARY: FINAL REPORT OF FAMI- Act helps new teachers transition into the border? The first responder funds LIES OF SEPTEMBER 11 ON THE SEPTEMBER that are going out not necessarily on the classroom, it helps veteran teach- 11TH VICTIM COMPENSATION FUND OF 2001 the basis of threat but on the basis of ers keep their skills sharp, and it at- Families of September 11 is a nonprofit or- formula, can we afford that in light of tracts talented new principals into our ganization founded in October 2001 by fami- the fact we have a threat, which is the schools. lies of those who died in the September 11 border, or should we take another look Developing great teachers takes terrorist attacks. We gather and disseminate at other approaches to funding a sig- time, but this is an investment that we helpful information, refer victims’ families, nificant increase in the border security as a nation must make. I therefore en- survivors, and others affected by the events of 9/11 to assistance providers, offer online effort? courage my colleagues to support the chat sessions, and address such issues as vic- I look forward to working with the TEACH Act now. Our children deserve tims’ assistance, methods of response to members of the Judiciary Committee. nothing less. trauma from terrorist attacks, and the ef- Our role is the money role. We look to f fects of terrorism on children. We support you folks to give us the authorizing public policies that effectively respond to FAMILIES OF SEPTEMBER 11’S leadership, which I know you have in the threat of terrorism, including support for FINAL REPORT the past. You certainly have and cer- the 9/11 Commission Recommendations, de- Mr. LEAHY. Mr. President, less than velopment of appropriate agency procedures, tainly other members in your com- legislation related to aviation, border, port mittee are leaders in this area. We look 2 weeks after the horrific events of and transportation security, and intelligence forward to any ideas or thoughts you September 11, Congress passed a law to reform. have which you want to bring forward. establish the September 11 Victim Our Final Report on the September 11th I do think on this bill we should have Compensation Fund, providing assist- Victim Compensation Fund follows the for- a fairly open and substantive debate as ance to victims and their families dur- mat of ‘‘Final Report of the Special Master ing an unimaginably difficult time. I for the September 11th Victim Compensation to how we are going to move forward Fund of 2001.’’ Just as the Special Master’s on the issue of border security. Clearly was pleased to work with my col- Final Report provides the perspective of the the White House is committed to this. leagues to create this needed resource administrator of the Fund, our Report gives It is going to take resources. for the families of this national trag- voice to those victims and family members Mr. SESSIONS. I thank the Senator, edy. The families of victims that died who participated in the Fund as well as also the Chair of the Budget Com- in the September 11 attacks also came those who elected not to. Although much of mittee. He answered very well when he together and created their own non- our report serves as counterpoint to the Spe- profit organization, Families of Sep- cial Master’s observations and conclusions, said we can’t always fund the new we agree with much of what is said in his re- things we want to do by pumping new tember 11. port and our Report should be read with an money into them. Sometimes we need Although no amount of compensation acknowledgement that the Special Master to ask ourselves if there is not some can replace a lost loved one, Families was asked to and did construct a program in money being spent in a way that is less of September 11 and Ken Feinberg, the extremely difficult circumstances. The ena- useful, and utilize that money where Special Master in charge of overseeing bling legislation that created the Fund was hastily crafted, imprecise in significant we have to utilize it. the Fund, worked diligently to improve the rules governing the September 11 ways, and sometimes internally incon- I am proud to serve with him on that sistent. The Special Master was faced not Budget Committee. Victim Compensation Fund, to give the only with the uncertain nature of the legis- f victims and their families more flexi- lation, but with a host of other competing bility and to provide information to influences: e.g., the enormity of the losses, THE TEACHER EXCELLENCE FOR victims and their families about how emotionally overwhelmed victims and fami- ALL CHILDREN ACT OF 2005 and where they could find support. lies, a stunned public, and conflicting com- Mr. DURBIN. Mr. President, good Working together, Mr. Feinberg and pensation policy ideologies. The Special Master and those who worked with him de- teachers lead to good students. In fact, Families of September 11 reached out serve great credit for their tireless and de- recent evidence suggests that providing to the victims and their families to voted work under these daunting cir- great teachers may be the single most make sure they understood their rights cumstances, particularly in the administra- important thing that we can do to give and to assist them in filing their tion of the Fund after promulgation by the our children the good education they claims. This task was made all the Department of Justice of the Final Rules. deserve. more difficult because many victims In many respects, the Fund was a success. Much of this success was due to the efforts of Most of our teachers are hard- and survivors of those terrorist attacks the Special Master and his staff in meeting working, selfless, and dedicated to had to confront the logistical burden with individual family members, dem- helping our children learn. We are ask- and emotional pain of filing a death or onstrating flexibility where possible in making them for more, however. We con- injury claim. ing determinations of awards, and expressing

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6295 compassion for family members in the proc- The Special Master made determinations study on gun violence by a University ess. But, the Special Master’s view, ex- on 7,403 claims completing its work by the of Michigan researcher to the attention pressed in the introduction to his Final Re- statutory deadline in June 2004. Congress of my colleagues. The study found that port, that ‘‘the Fund was an unqualified suc- now has the benefit of more than 11,000 com- cess’’ is not shared by many who partici- ments made to the Justice Department dur- adolescents who are exposed to gun vi- pated in the Fund and most of those who did ing the rule-making process; the comments olence are more likely to carry out se- not. The options available to the victims and of the Special Master; the opinions of law- rious acts of violence. families of September 11 were substantially yers, economists, academics, mental heath The study, completed by University impaired by the Victim Compensation Act professionals, victims and survivors of the of Michigan doctoral student Jeffrey attacks; and the developing history of ter- and subsequent legislation. Lawsuits were Bingenheimer, analyzed data from confined to a narrow population of poten- rorism and its effects on our society. In its tially responsible parties whose liability ex- report, Families of September 11 encourages more than 1,500 adolescents. The par- posure was limited to available and inad- Congress and the Administration to: ticipants underwent a series of inter- equate insurance (e.g., the airlines). Evi- a. Use the perspectives of time and experi- views over the course of several years dence for use in litigation was sure to be (has ence in implementation of the Victim Com- as part of the Project on Human Devel- been) compromised by government interven- pensation Fund to consider carefully issues opment in Chicago Neighborhoods. tion (e.g., assertions of national security and it was forced to address hastily in the immediate aftermath of the terrorist attacks of Among other things, initial interviews criminal prosecution grounds for non-disclo- focused on exposure to firearm vio- sure). Families were, thus, faced with a Hob- September 11, 2001; b. assess how well the rules adopted in 2002 lence, including being shot or shot at son’s choice and for most the Fund was the to implement the legislation met Congres- or seeing someone else shot or shot at better one. sional intent; In December 2004, Families of September 11 within the previous year. Subsequent c. consider the incentives and disincentives interviews were designed to uncover conducted a Web-based survey of its mem- to reducing the risks of terrorist attacks im- bers consisting of fourteen questions and an plicit in the legislation; and whether the participant had engaged in opportunity to make narrative comments de- d. fashion legislation that will reduce violent acts themselves. These acts of signed to elicit information that might be those risks and ensure that victims of future violence were defined in the study as helpful in assessing whether there should be terrorist attacks and their families are made shooting at or shooting someone, being a compensation mechanism in place before whole. in a gang fight, attacking someone another terrorist attack occurs. One hundred Copies of the ‘‘Final Report of Families of forty-four (144) members responded. Though September 11 on the September 11th Victim with a weapon, or carrying a hidden not designed to conform with scientifically Compensation Fund of 2001’’ may be obtained weapon. Reportedly, 23 percent of those reliable protocols, the results are of interest by contacting Families of September 11 at interviewed reported being exposed to and are included in our Report. the address below or by going to its website gun violence and 12 percent indicated Much of the Special Master’s report is de- at www.familiesofseptember11.org. that they had carried out violent acts voted to efforts made by him and his staff to Families of September 11, Inc., 1560 themselves. Statistical analysis of the assure that families could obtain detailed in- Broadway, Suite 305, New York, NY formation about their likely recovery from resulting data revealed that adoles- 10036, 212–575–1878. the Fund and assist families in the process. cents who were exposed to gun violence Although our Report applauds him for these f were more than twice as likely to carry efforts, it points out that had there been pre- LOCAL LAW ENFORCEMENT out violent acts within the following existing comprehensive legislation in place, ENHANCEMENT ACT OF 2005 two years. the Special Master’s extraordinary efforts to Describing the results of his study, educate potential participants about and as- Mr. SMITH. Mr. President, I rise sist them with the Fund would not have been today to speak about the need for hate Mr. Bingenheimer stated, ‘‘The pri- necessary and the enormous anxiety created crimes legislation. Each Congress, Sen- mary implication of these findings is by the uncertainties surrounding the Fund ator KENNEDY and I introduce hate that violence can be transmitted from would have been avoided. crimes legislation that would add new person to person by means of exposure The regulations promulgated by the De- categories to current hate crimes law, in the community. This makes the ‘epi- partment of Justice established ‘‘grid’’ sending a signal that violence of any demic of violence’ metaphor seem par- awards with ‘‘extraordinary circumstances’’ ticularly apt, and is consistent with so- thresholds of proof to overcome them and no kind is unacceptable in our society. review process. Claimants were accustomed Likewise, each Congress I have come to ciological theories of violent crime as a to the very different and more substantial the floor to highlight a separate hate contagious social process.’’ notions of ‘‘hearings’’ and ‘‘due process’’ em- crime that has occurred in our coun- While Congress cannot simply legis- bedded in our legal culture and were left dis- try. late an end to the gun violence epi- appointed and uncomfortable by the Fund A gay white male was severely beat- demic, we can do more to support local design. Mr. Feinberg and his staff should, en and sent to the hospital by two men law enforcement officials as they work however, receive high marks for the way in a Columbus gay bar. The victim and to prevent gun violence in our commu- they played the cards dealt them. a friend noticed the men in the bar The victims and their families were faced nities. One important program, known with enormous uncertainty in the weeks and when they arrived. At the end of the as COPS, was created by President months following September 11, 2001, during evening the two males started calling Clinton in 1994 to assist State and local which the Department of Justice promul- the victim various derogatory names, law enforcement agencies in hiring ad- gated regulations and the Special Master de- and pushed him out of the bar. Once ditional police officers to reduce crime veloped claims handling procedures. It is outside, the men continued to beat the through the use of community polic- this uncertainty that Families of September victim, using liquor bottles. Since the ing. Nationwide, the COPS program 11 believes must be eliminated by enactment beating, the victim has had his tires of forward-looking legislation. The victims has awarded more than $11 billion in slashed and received a letter in his grants, resulting in the hiring of 118,000 of future terrorist attacks will need to go on mailbox telling him to ‘watch his additional police officers. Unfortu- living, as have the victims of the September back.’ A police report was filed, but no 11 attacks and should have the comfort of nately, authorization for the COPS knowing immediately after a terrorist event arrests have been made. I believe that the Government’s first program was permitted to expire at the occurs that they have rights to compensa- end of fiscal year 2000. Although the tion sufficient to allow them to do so and a duty is to defend its citizens, to defend them against the harms that come out program has survived through contin- clear and certain path to obtaining those ued annual appropriations, its funding rights. of hate. The Local Law Enforcement Issues of accountability and responsibility Enhancement Act is a symbol that can has been significantly cut. I am a co- by those in the chain of causation linked to become substance. I believe that by sponsor of the COPS Reauthorization the injuries and deaths on September 11, passing this legislation and changing Act which would continue the COPS 2001, and the suffering that followed are of current law, we can change hearts and program for another six years at a great importance to the survivors of the at- minds as well. funding level of $1.15 billion per year, tacks. The Fund, its enabling legislation, nearly double the amount appropriated f and related congressional and administrative for fiscal year 2005. Among other actions had the effect of limiting that ac- BREAKING THE CYCLE OF GUN things, this funding would allow State countability and responsibility. Our Report VIOLENCE expresses concern that this model tends to and local governments to hire an addi- increase the risk of future terrorist attacks Mr. LEVIN. Mr. President, I would tional 50,000 police officers. Having and needs to be reassessed and remedied. like to bring the results of a recent more officers on our streets helps to

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6296 CONGRESSIONAL RECORD — SENATE June 9, 2005 deter gun violence and therefore re- intent to object to any unanimous con- COMMENDING CHIEF JUDGE JOHN duces the chance that adolescents are sent request relating to the nomina- W. BISSELL, U.S. DISTRICT exposed to such crimes. tion of Alice S. Fisher to the position COURT, DISTRICT OF NEW JER- In addition, Congress can make it of Assistant Attorney General. This ac- SEY more difficult for potential criminals tion has nothing to do with Ms. Fisher ∑ Mr. CORZINE. Mr. President, I ex- to gain access to dangerous firearms. or her qualifications for the position to press my sincere appreciation to Chief Under current law, when an individual which she has been nominated. I have Judge John W. Bissell for his more buys a handgun from a licensed dealer, taken this action because there are a than 20 years of outstanding service as there are federal requirements for a number of outstanding issues regarding a Federal District Court Judge in New background check to insure that the the activities and operation of the Jus- Jersey. He is a truly distinguished ju- purchaser is not prohibited by law from tice Department that should be re- rist who represents the best of the New purchasing or possessing a firearm. solved before considering this nomina- Jersey legal community. Judge Bissell However, this is not the case for all tion. I am hopeful that, with the co- has a depth of experience and a knowl- gun purchases. For example, when an operation of the Justice Department, edge of both civil and criminal law that individual wants to buy a handgun these issues can be resolved shortly. few can rival. He also has a keen legal from another private citizen who is not mind and a compassionate under- a licensed gun dealer, there is no re- f standing of people. Judge Bissell ap- quirement that the seller ensure the proaches each and every case before purchaser is not in a prohibited cat- ADDITIONAL STATEMENTS him with thoughtfulness and care. In- egory. This creates a loophole in the deed, he has excelled because of his law, making it easy for criminals, ter- deep appreciation that every case, no rorists, and other prohibited buyers to matter how small, matters greatly to evade background checks and buy guns HONORING THE RETIREMENT OF all those who appear before him. And I from private citizens often at organized PAUL SINDERS believe that it is this understanding gun shows. This loophole creates a that has made Judge Bissell an out- ∑ Mr. LUGAR. Mr. President, I rise gateway to the illegal market because standing Federal District Court Judge. today to inform my colleagues of the criminals know they will not be sub- On behalf of the people of New Jer- retirement of a fixture of Clay city ject to a background check when pur- sey, I express my sincere gratitude to schools for the past 41 years and faith- chasing from another private citizen Judge Bissell for his many years of dis- ful friend, Mr. Paul Sinders. even at a gun show. It is important tinguished service.∑ that Congress close this ‘‘gun show Paul Sinders began his career as an loophole’’ to help stop the flow of dan- educator in the fall of 1964 at the Clay f gerous firearms to prohibited buyers City Elementary School. He taught MOCK ELECTION BUT REAL who may use them in violent crimes. fifth grade and moved to Clay City Jr./ RESULTS Much more can be done to break the Sr. High School the following year. Mr. CRAPO. Mr. President, as we cycle of gun violence that plagues This marked the beginning of a re- wind down from a Presidential election many of our communities. I urge my markable career in which Paul served year and gear up for yet another cycle colleagues to take up and pass common the Clay community school system in of congressional elections, it seems ap- sense legislation that will help to countless capacities. He taught propriate to take a moment and con- achieve this goal. science, math, and health to the junior sider how important an educated elec- high students before moving on to in- f torate is to this country. It is the bed- struct health, physical education, and TRIBUTE TO SGT RUSSELL J. rock upon which our Founding Fathers driver education classes in the high VERDUGO built a fledgling government, creating school. Additionally, he took time to a Constitution that functions with pro- Mr. GRASSLEY. Mr. President, coach the boys freshman and junior tean efficiency—inextricably bound to today I rise in honor of a fallen soldier varsity basketball teams, and rep- the necessity of knowledgeable and who has paid the highest price in de- resented the school as athletic director civic-minded citizens. I am proud to fense our freedom, SSG Russell J. and guidance director. In 1977, Paul make public mention of the Moscow, Verdugo of the 767th Ordnance Com- took the reigns as principal of Clay ID, chapter of the League of Women pany died on the 23rd of May, 2005 in City Jr./Sr. High School. Baghdad, Iraq when an improvised ex- Voters, which has won an award from plosive device detonated as he was re- For the past 28 years Paul has the League of Women Voters of the sponding to a call to dismantle the worked extremely long hours over- United States for its efforts to educate bomb. I would like to take this mo- seeing the operations of Clay City High future voters in north Idaho. ment to salute his patriotism and his School. In 1992, he was selected as the The League of Women Voters pro- sacrifice. Principal of the Year in the IASP Dis- motes a mock election program Russell Verdugo deserves the highest trict 8. In addition, he served as presi- through its State and local chapters gratitude of this body and the entire dent of the Indiana Association of across the Nation. The Moscow chapter Nation. His sacrifice reminds us that School Principals of District 8 in 1994– conducted what can only be described freedom is so precious because of its in- 1995. Currently, Paul is on the board of as a phenomenal month-long series of credibly high cost. My prayers go out directors for the Clay County Commu- events and outreach that culminated in to his mother, Susan Stanley, and his nity Foundation and the Wabash Val- late October in the most successful wife, Kari, who grieve the loss of a son ley Youth for Christ. He is on the advi- ‘‘mock election’’ in Idaho and one of and a husband and to all of the family, sory board for the Clay City Center for the top in the Nation. They were able friends, and neighbors who are touched Family Medicine and is a Support to register and have almost 2900 first by his passing. I ask my colleagues to Committee Member for the Clay City through twelfth-graders in the Moscow join me in remembering Sergeant Area Youth for Christ. He is a member area vote. And I am relieved to add Verdugo. The love of country and the of the Indiana Association of School that I was reelected by these young dedication to service shared by many Principals and Phi Delta Kappa. people. of it citizens is the great strength of Throughout his illustrious career, The chapter worked to bring together our Nation, and we can all be very Paul has been blessed with the con- local, county, and State officials, proud of patriots such as Russell sistent support of his wife, Shari, and teachers, parents, and volunteers to Verdugo. his children: Annette Ream, Chip provide these students with a com- f Sinders, Natalie Wolfe, Bethany prehensive and highly educational elec- Stoelting, and Justin Sinders. I join his tion experience. The students were NOMINATION OF ALICE S. FISHER family, friends, and colleagues now in given issues ballots, information about Mr. GRASSLEY. Mr. President, I adding my blessing as he embarks on the candidates, Web site curriculum, have notified Senate leadership of my this new chapter in his life. sample ballots and had to abide by all

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6297 of the State voting laws. Students were The message also announced that on Homeland Security and Governmental Af- taught their voting rights under the pursuant to 22 U.S.C. 276h, and the fairs. Help America Vote Act, and the overall order of the House of January 4, 2005, EC–2519. A communication from the Chair- man, Railroad Retirement Board, transmit- efforts were so successful that the the Speaker appoints the following ting, pursuant to law, the Semiannual Re- League of Women Voters of Idaho and Members of the House of Representa- port of the Board’s Office of Inspector Gen- the Idaho Secretary of State’s office tives to the Mexico-United States eral for the period from October 1, 2004 asked them to share their mock elec- Interparliamentary Group, in addition through March 31, 2005; to the Committee on tion handbook for instruction and use to Mr. KOLBE of Arizona, Chairman, Homeland Security and Governmental Af- by other organizations in the State. and Ms. HARRIS of Florida, Vice Chair- fairs. The Moscow chapter went above and man, appointed on April 14, 2005: Mr. EC–2520. A communication from the Chair- man, Board of Governors, Postal Service, beyond in its outreach efforts, bringing DREIER of California, Mr. BERMAN of transmitting, pursuant to law, the Semi- in students from an alternative high California, Mr. BARTON of Texas, Mr. annual Report of the Office of Inspector Gen- school and made voting accessible for MANZULLO of Illinois, Mr. WELLER of Il- eral for the period ending March 31, 2005; to handicapped students under Americans linois, Mr. REYES of Texas, and Mr. the Committee on Homeland Security and For Disabilities Act laws. In the suc- MCCAUL of Texas. Governmental Affairs. EC–2521. A communication from the Acting cessful aftermath, the effect has been f felt throughout the community as pri- Director, Office of Personnel Management, vate schools and home-schooling par- MEASURES REFERRED transmitting, pursuant to law, the Semi- ents have expressed interest in becom- annual Report of the Inspector General and The following bill was read the first the Management Response for the period of ing involved in the future. Even more and the second times by unanimous October 1, 2004 to March 31, 2005; to the Com- noteworthy, although parents were not consent, and referred as indicated: mittee on Homeland Security and Govern- required to participate, more parents H.R. 2744. An act making appropriations mental Affairs. volunteered than in past years, and it for Agriculture, Rural Development, Food EC–2522. A communication from the Sec- could be surmised that this ‘‘mock and Drug Administration, and Related Agen- retary of Education, transmitting, pursuant election’’ contributed to the histori- cies for the fiscal year ending September 30, to law, the Semiannual Report of the De- cally high voter turnout in that area of 2006, and for other purposes; to the Com- partment’s Inspector General for the period mittee on Appropriations. ending March 31, 2005; to the Committee on Idaho for the real elections in Novem- Homeland Security and Governmental Af- ber. f fairs. Thomas Jefferson said: ‘‘If a nation MEASURES PLACED ON THE EC–2523. A communication from the Senior expects to be ignorant and free, in a CALENDAR Procurement Executive, National Aero- state of civilization, it expects what nautics and Space Administration, General never was and never will be.’’ I con- The following bill was read the first Services Administration, transmitting, pur- gratulate the outstanding efforts of the and second times by unanimous con- suant to law, the report of a rule entitled League of Women Voters of Moscow on sent, and placed on the calendar: ‘‘Federal Acquisition Circular 2005–04; FAR Case 2003–008; Share-in-Savings Contracting’’ its remarkable effort to reinforce civic H.R. 6. An act to ensure jobs for our future with secure, affordable, and reliable energy. (RIN9000–AJ74) received on June 3, 2005; to education and voter responsibility in the Committee on Homeland Security and Idaho’s children.∑ f Governmental Affairs. f EXECUTIVE AND OTHER EC–2524. A communication from the Acting Director, Division for Strategic Human Re- MESSAGES FROM THE PRESIDENT COMMUNICATIONS sources Policy, Office of Personnel Manage- Messages from the President of the The following communications were ment, transmitting, pursuant to law, the re- United States were communicated to laid before the Senate, together with port of a rule entitled ‘‘Prevailing Rate Sys- the Senate by Ms. Evans, one of his accompanying papers, reports, and doc- tems; Redefinition of the San Francisco, CA, uments, and were referred as indicated: Nonappropriated Fund Wage Area’’ (RIN3206– secretaries. AK26) received on June 3, 2005; to the Com- f EC–2513. A communication from the Senior mittee on Homeland Security and Govern- Vice President and Chief Financial Officer, EXECUTIVE MESSAGES REFERRED mental Affairs. Potomac Electric Power Company, transmit- EC–2525. A communication from the Acting As in executive session the Presiding ting, pursuant to law, the Company’s Bal- Director, Division for Strategic Human Re- Officer laid before the Senate messages ance Sheet as of December 31, 2004; to the sources Policy, Office of Personnel Manage- from the President of the United Committee on Homeland Security and Gov- ment, transmitting, pursuant to law, the re- States submitting sundry nominations ernmental Affairs. port of a rule entitled ‘‘Recruitment, Reloca- EC–2514. A communication from the Sec- tion, and Retention Incentives’’ (RIN3206– which were referred to the appropriate retary of Energy, transmitting, pursuant to committees. AK81) received on June 3, 2005; to the Com- law, the Semiannual Report prepared by the mittee on Homeland Security and Govern- (The nominations received today are Department’s Office of Inspector General; to mental Affairs. printed at the end of the Senate pro- the Committee on Homeland Security and EC–2526. A communication from the Acting ceedings.) Governmental Affairs. Director, Division for Strategic Human Re- f EC–2515. A communication from the Chair- sources Policy, Office of Personnel Manage- man of the Council of the District of Colum- ment, transmitting, pursuant to law, the re- MESSAGE FROM THE HOUSE bia, transmitting, pursuant to law, a report port of a rule entitled ‘‘Excepted Service— At 2:19 p.m., a message from the on D.C. Act 16–73, ‘‘Closing of a Public Alley Presidential Management Fellows Pro- House of Representatives, delivered by in Square 527, S.O. 03–1181, Act of 2005’’; to grams’’ (RIN3206–AK27) received on June 3, the Committee on Homeland Security and Ms. Niland, one of its reading clerks, 2005; to the Committee on Homeland Secu- Governmental Affairs. rity and Governmental Affairs. announced that the House has passed EC–2516. A communication from the Chair- EC–2527. A communication from the Chair- the following bill, in which it requests man, United States International Trade man of the Council of the District of Colum- the concurrence of the Senate: Commission, transmitting, pursuant to law, bia, transmitting, pursuant to law, a report H.R. 2744. An act making appropriations the Semi-annual Report of the Commission’s on D.C. Act 16–75, ‘‘Closing of a Public Alley for Agriculture, Rural Development, Food Inspector General; to the Committee on in Square 342, S.O. 03–5369, Act of 2005’’; to and Drug Administration, and Related Agen- Homeland Security and Governmental Af- the Committee on Homeland Security and cies for the fiscal year ending September 30, fairs. Governmental Affairs. 2006, and for other purposes. EC–2517. A communication from the Sec- EC–2528. A communication from the Chair- The message further announced that retary of Veterans Affairs, transmitting, man of the Council of the District of Colum- pursuant to law, the semiannual report of the House has agreed to the following bia, transmitting, pursuant to law, a report the Office of Inspector General for the period on D.C. Act 16–76, ‘‘Closing of a Portion of concurrent resolution, in which it re- of October 1, 2004 through March 31, 2005; to Davenport Street, N.W., abutting Squares quests the concurrence of the Senate: the Committee on Homeland Security and 1672 and 1673, S.O. 03–2366, Act of 2005’’; to the H. Con. Res. 159. A concurrent resolution Governmental Affairs. Committee on Homeland Security and Gov- recognizing the sacrifices being made by the EC–2518. A communication from the Sec- ernmental Affairs. families of members of the Armed Forces retary of Labor, transmitting, pursuant to EC–2529. A communication from the Chair- and supporting the designation of a week as law, the Semiannual Report of the Depart- man of the Council of the District of Colum- National Military Families Week. ment’s Inspector General; to the Committee bia, transmitting, pursuant to law, a report

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6298 CONGRESSIONAL RECORD — SENATE June 9, 2005 on D.C. Act 16–74, ‘‘Rental Housing Act Ex- Programs, Office of Sustainable Fisheries, S. 10. An original bill to enhance the en- tension Amendment Act of 2005’’; to the National Marine Fisheries Service, Depart- ergy security of the United States, and for Committee on Homeland Security and Gov- ment of Commerce, transmitting, pursuant other purposes (Rept. No. 109–121). ernmental Affairs. to law, the report of a rule entitled ‘‘Magnu- By Mr. INHOFE, from the Committee on EC–2530. A communication from the Chair- son-Stevens Fishery Conservation and Man- Environment and Public Works, without man of the Council of the District of Colum- agement Act Provisions; Fisheries of the amendment: bia, transmitting, pursuant to law, a report Northeastern United States; Electronic Deal- H.R. 483. A bill to designate a United on D.C. Act 16–85, ‘‘Local, Small, and Dis- er Reporting Final Rule’’ (RIN0648–AS87) re- States courthouse in Brownsville, Texas, as advantaged Business Enterprises Certifi- ceived on June 3, 2005; to the Committee on the ‘‘Reynaldo G. Garza and Filemon B. Vela cation Temporary Amendment Act of 2005’’; Commerce, Science, and Transportation. United States Courthouse’’. to the Committee on Homeland Security and EC–2540. A communication from the Acting S. 1140. A bill to designate the State Route Governmental Affairs. Director, Office of Sustainable Fisheries, Na- 1 Bridge in the State of Delaware as the EC–2531. A communication from the Chair- tional Marine Fisheries Service, Department ‘‘Senator William V. Roth, Jr. Bridge’’. man of the Council of the District of Colum- of Commerce, transmitting, pursuant to law, f bia, transmitting, pursuant to law, a report the report of a rule entitled ‘‘Fisheries off on D.C. Act 16–84, ‘‘Victims of Domestic Vio- West Coast States and in the Western Pa- EXECUTIVE REPORTS OF lence Fund Establishment Temporary Act of cific; Pacific Coast Groundfish Fishery; An- COMMITTEES 2005’’; to the Committee on Homeland Secu- nual Specifications and Management Meas- The following executive reports of rity and Governmental Affairs. ures; Inseason Adjustments; Pacific Halibut committees were submitted: EC–2532. A communication from the Chair- Fisheries’’ (I.D. No. 042505C) received on June By Mr. SHELBY for the Committee on man of the Council of the District of Colum- 3, 2005; to the Committee on Commerce, Banking, Housing, and Urban Affairs. bia, transmitting, pursuant to law, a report Science, and Transportation. *Brian D. Montgomery, of Texas, to be an on D.C. Act 16–89, ‘‘Rental Housing Conver- EC–2541. A communication from the Acting Assistant Secretary of Housing and Urban sion and Sale Amendment Act of 2005’’; to Director, Office of Sustainable Fisheries, Na- Development. the Committee on Homeland Security and tional Marine Fisheries Service, Department *Ben S. Bernanke, of New Jersey, to be a Governmental Affairs. of Commerce, transmitting, pursuant to law, Member of the Council of Economic Advis- EC–2533. A communication from the Sec- the report of a rule entitled ‘‘Fisheries off ers. retary of Commerce, transmitting, the re- West Coast States and in the Western Pa- port of a draft bill entitled ‘‘National Off- cific; West Coast Salmon Fisheries; Inseason *Nomination was reported with rec- shore Aquaculture Act of 2005’’ received on Action #1—Adjustment of the Commercial ommendation that it be confirmed sub- June 7, 2005; to the Committee on Commerce, Fisheries from the Cape Falcon, Oregon, to ject to the nominee’s commitment to Science, and Transportation. the Oregon—California Border’’ (I.D. No. respond to requests to appear and tes- EC–2534. A communication from the Direc- 050405D) received on June 3, 2005; to the Com- tor, U.S. Census Bureau, Department of tify before any duly constituted committee on Commerce, Science, and Transpor- mittee of the Senate. Commerce, transmitting, pursuant to law, tation. the report of a rule entitled ‘‘Requirements EC–2542. A communication from the Acting f for Reporting the Kimberley Process Certifi- Director, Office of Sustainable Fisheries, Na- cate Number for Exports (Reexports) of INTRODUCTION OF BILLS AND tional Marine Fisheries Service, Department JOINT RESOLUTIONS Rough Diamonds’’ (RIN0607–AA44) received of Commerce, transmitting, pursuant to law, on June 3, 2005; to the Committee on Com- the report of a rule entitled ‘‘Fisheries of the The following bills and joint resolu- merce, Science, and Transportation. Northeastern United States; Summer Floun- tions were introduced, read the first EC–2535. A communication from the Direc- der; 2005 Specifications; Commercial Sum- and second times by unanimous con- tor, Office of Sustainable Fisheries, National mer Flounder Quota Transfer from North sent, and referred as indicated: Marine Fisheries Service, Department of Carolina to Virginia’’ (I.D. No. 030305D) re- By Mr. DOMENICI: Commerce, transmitting, pursuant to law, ceived on June 3, 2005; to the Committee on the report of a rule entitled ‘‘Deep-Water S. 10. An original bill to enhance the en- Commerce, Science, and Transportation. ergy security of the United States, and for Species Fishery by Vessels Using Trawl Gear EC–2543. A communication from the Acting other purposes; from the Committee on En- in the Gulf of Alaska’’ (I.D. No. 050305C) re- Director, Office of Sustainable Fisheries, Na- ergy and Natural Resources; placed on the ceived on June 3, 2005; to the Committee on tional Marine Fisheries Service, Department calendar. Commerce, Science, and Transportation. of Commerce, transmitting, pursuant to law, EC–2536. A communication from the Dep- By Mrs. FEINSTEIN (for herself and the report of a rule entitled ‘‘Fisheries of the uty Assistant Administrator for Regulatory Mrs. BOXER): Northeastern United States; Summer Floun- Programs, Office of Sustainable Fisheries, S. 1206. A bill to designate the facility of der; 2004 Specifications; Closure of the North National Marine Fisheries Service, Depart- the United States Postal Service located at Carolina Summer Flounder Commercial ment of Commerce, transmitting, pursuant 4960 West Washington Boulevard in Los An- Fishery’’ (I.D. No. 122204F) received on June to law, the report of a rule entitled ‘‘Magnu- geles, California, as the ‘‘Ray Charles Post 3, 2005; to the Committee on Commerce, son Act Provisions; Fisheries off West Coast Office Building’’ to the Committee on Home- Science, and Transportation. States and in the Western Pacific; Pacific land Security and Governmental Affairs. EC–2544. A communication from the Acting Coast Groundfish Fishery; Groundfish Fish- By Mrs. FEINSTEIN (for herself and Director, Office of Sustainable Fisheries, Na- ery Management Measures’’ ((RIN0648–AT38) Mrs. BOXER): tional Marine Fisheries Service, Department (I.D. No. 043605G)) received on June 3, 2005; to S. 1207. A bill to designate the facility of of Commerce, transmitting, pursuant to law, the Committee on Commerce, Science, and the United States Postal Service located at the report of a rule entitled ‘‘Reallocating Transportation. 30777 Rancho California Road in Temecula, EC–2537. A communication from the Dep- Pacific Cod from Vessels Using Jig Gear to California, as the ‘‘Dalip Singh Saund Post uty Assistant Administrator for Regulatory Catcher Vessels Less than 60 Feet (18.3 Me- Office Building″; to the Committee on Home- Programs, Office of Sustainable Fisheries, ters) Length Overall Using Pot or Hook-and- land Security and Governmental Affairs. National Marine Fisheries Service, Depart- Line Gear in the Bering Sea and Aleutian Is- By Mr. ALEXANDER (for himself and lands Management Area’’ (I.D. No. 051105C) ment of Commerce, transmitting, pursuant Mr. WARNER): to law, the report of a rule entitled ‘‘Magnu- received on June 3, 2005; to the Committee S. 1208. A bill to provide for local control son-Stevens Fishery Conservation and Man- on Commerce, Science, and Transportation. for the siting of windmills; to the Committee agement Act Provisions; Fisheries of the f on Energy and Natural Resources. Northeastern United States; Monkfish Fish- REPORTS OF COMMITTEES By Mr. GREGG: ery; Amendment 2’’ (RIN0648–AQ25) received S. 1209. A bill to establish and strengthen on June 3, 2005; to the Committee on Com- The following reports of committees postsecondary programs and courses in the merce, Science, and Transportation. were submitted: subjects of traditional American history, EC–2538. A communication from the Dep- By Mr. COCHRAN, from the Committee on free institutions, and Western civilization, uty Assistant Administrator for Regulatory Appropriations: available to students preparing to teach Programs, Office of Sustainable Fisheries, Special Report entitled ‘‘Allocation to these subjects, and to other students; to the National Marine Fisheries Service, Depart- Subcommittees of Budget Totals’’ (Rept. No. Committee on Health, Education, Labor, and ment of Commerce, transmitting, pursuant 109–77). Pensions. to law, the report of a rule entitled ‘‘Magnu- By Mr. CRAIG, from the Committee on By Mr. HARKIN (for himself, Mr. son-Stevens Fishery Conservation and Man- Veterans’ Affairs: LUGAR, Mr. OBAMA, and Mr. COLE- agement Act Provisions; Fisheries of the Special Report entitled ‘‘Legislative and MAN): Northeastern United States; Monkfish Fish- Oversight Activities During the 108th Con- S. 1210. A bill to enhance the national secu- ery; Annual Adjustments’’ (RIN0648–AS72) gress by the Senate Committee on Veterans’ rity of the United States by providing for the received on June 3, 2005; to the Committee Affairs’’ (Rept. No. 109–79). research, development, demonstration, ad- on Commerce, Science, and Transportation. By Mr. DOMENICI, from the Committee on ministrative support, and market mecha- EC–2539. A communication from the Dep- Energy and Natural Resources, without nisms for widespread deployment and com- uty Assistant Administrator for Regulatory amendment: mercialization of biobased fuels and biobased

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products, and for other purposes; to the Com- S. 1220. A bill to assist law enforcement in S. 195 mittee on Agriculture, Nutrition, and For- their efforts to recover missing children and At the request of Mr. LIEBERMAN, the estry. to strengthen the standards for State sex of- name of the Senator from New York By Mr. BINGAMAN: fender registration programs; to the Com- (Mrs. CLINTON) was added as a cospon- S. 1211. A bill to establish an Office of For- mittee on the Judiciary. sor of S. 195, a bill to provide for full eign Science and Technology Assessment to By Mr. DAYTON (for himself and Mr. enable the United States to effectively ana- KERRY): voting representation in Congress for lyze trends in foreign science and tech- S. 1221. A bill to amend chapter 81 of title the citizens of the District of Colum- nology, and for other purposes; to the Com- 5, United States Code, to create a presump- bia, and for other purposes. mittee on Foreign Relations. tion that a disability or death of a Federal S. 211 By Ms. STABENOW (for herself and employee in fire protection activities caused At the request of Mrs. CLINTON, the Mr. LEVIN): by any of certain diseases is the result of the name of the Senator from Hawaii (Mr. S. 1212. A bill to require the Commandant performance of such employee’s duty; to the AKAKA) was added as a cosponsor of S. of the Coast Guard to convey the Coast Committee on Homeland Security and Gov- Guard Cutter Mackinaw, upon its scheduled ernmental Affairs. 211, a bill to facilitate nationwide decommissioning, to the City and County of By Mr. STEVENS (for himself, Mr. availability of 2–1–1 telephone service Cheboygan, Michigan, to use for purposes of INOUYE, and Ms. CANTWELL): for information and referral on human a museum; to the Committee on Commerce, S. 1222. A bill to amend the Internal Rev- services, volunteer services, and for Science, and Transportation. enue Code of 1986 to reinstate the Oil Spill other purposes. By Ms. STABENOW (for herself and Liability Trust Fund tax and to maintain a S. 241 Mr. SMITH): balance of $3 billion in the Oil Spill Liability At the request of Ms. SNOWE, the S. 1213. A bill to amend the Internal Rev- Trust Fund; to the Committee on Finance. enue Code of 1986 to allow a refundable credit By Mr. DODD: name of the Senator from South Da- against income tax for the purchase of a S. 1223. A bill to amend the Public Health kota (Mr. THUNE) was added as a co- principal residence by a first-time home- Service Act to improve the quality and effi- sponsor of S. 241, a bill to amend sec- buyer; to the Committee on Finance. ciency of health care delivery through im- tion 254 of the Communications Act of By Ms. SNOWE (for herself, Mr. REID, provements in health care information tech- 1934 to provide that funds received as Mr. WARNER, Mr. LEAHY, Mr. CHAFEE, nology, and for other purposes; to the Com- universal service contributions and the Mrs. MURRAY, Mr. KENNEDY, Mr. mittee on Health, Education, Labor, and universal service support programs es- AKAKA, Mr. DURBIN, Ms. CANTWELL, Pensions. and Mr. LAUTENBERG): By Mrs. BOXER (for herself and Mr. tablished pursuant to that section are S. 1214. A bill to require equitable coverage LAUTENBERG): not subject to certain provisions of of prescription contraceptive drugs and de- S. 1224. A bill to protect the oceans, and for title 31, United States Code, commonly vices, and contraceptive services under other purposes to the Committee on Com- known as the Antideficiency Act. health plans; to the Committee on Health, merce, Science, and Transportation. S. 432 Education, Labor, and Pensions. f At the request of Mr. ALLEN, the By Mr. GREGG (for himself, Ms. MI- name of the Senator from Texas (Mr. KULSKI, Mr. SARBANES, Mr. BIDEN, SUBMISSION OF CONCURRENT AND Mr. CORZINE, Ms. SNOWE, Mr. REED, SENATE RESOLUTIONS CORNYN) was added as a cosponsor of S. Ms. CANTWELL, Mrs. MURRAY, Mr. 432, a bill to establish a digital and The following concurrent resolutions COCHRAN, Mr. KERRY, Mr. INOUYE, and wireless network technology program, Mrs. FEINSTEIN): and Senate resolutions were read, and and for other purposes. referred (or acted upon), as indicated: S. 1215. A bill to authorize the acquisition S. 438 of interests in underdeveloped coastal areas By Ms. SNOWE (for herself, Mr. COLE- At the request of Mr. ENSIGN, the in order better to ensure their protection MAN, Mr. ISAKSON, Mr. VITTER, Ms. name of the Senator from Mississippi from development; to the Committee on LANDRIEU, Mr. KERRY, Mr. BURNS, (Mr. COCHRAN) was added as a cospon- Commerce, Science and Transportation. Mr. PRYOR, Mr. BAYH, and Mr. LIE- By Mr. CORZINE: BERMAN): sor of S. 438, a bill to amend title XVIII S. 1216. A bill to require financial institu- S. Res. 165. A resolution congratulating the of the Social Security Act to repeal the tions and financial service providers to no- Small Business Development Centers of the medicare outpatient rehabilitation tify customers of the unauthorized use of Small Business Administration on their 25 therapy caps. personal financial information, and for other years of service to America’s small business S. 441 purposes; to the Committee on Banking, owners and entrepreneurs; to the Committee At the request of Mr. SANTORUM, the Housing, and Urban Affairs. on Small Business and Entrepreneurship. By Mr. BINGAMAN (for himself, Mr. By Mr. LOTT: name of the Senator from South Caro- DEWINE, Mr. CORZINE, Mr. DURBIN, S. Res. 166. A resolution to authorize the lina (Mr. GRAHAM) was added as a co- Mr. SCHUMER, Mr. JOHNSON, Ms. printing of a collection of the rules of the sponsor of S. 441, a bill to amend the CANTWELL, Mr. LAUTENBERG, Ms. committees of the Senate; considered and Internal Revenue Code of 1986 to make STABENOW, Mr. KENNEDY, Mrs. CLIN- agreed to. permanent the classification of a mo- TON, Mr. KERRY, Ms. MIKULSKI, Mr. By Mr. MCCAIN (for himself and Mr. torsports entertainment complex. AKAKA, Mr. SALAZAR, and Mr. SAR- SUNUNU): S. 471 BANES): S. Res. 167. A resolution recognizing the S. 1217. A bill to amend title II of the So- importance of sun safety, and for other pur- At the request of Mr. SPECTER, the cial Security Act to phase out the 24-month poses; considered and agreed to. name of the Senator from Rhode Island waiting period for disabled individuals to be- By Mr. HAGEL (for himself and Mr. (Mr. REED) was added as a cosponsor of come eligible for medicare benefits, to elimi- MARTINEZ): S. 471, a bill to amend the Public nate the waiting period for individuals with S. Con. Res. 41. Concurrent resolution rec- Health Service Act to provide for life-threatening conditions, and for other ognizing the sacrifices being made by the human embryonic stem cell research. purposes; to the Committee on Finance. families of members of the Armed Forces S. 484 By Mr. KENNEDY (for himself and Mr. and supporting the designation of a week as DURBIN): National Military Families Week; to the At the request of Mr. WARNER, the S. 1218. A bill to amend the Elementary Committee on Armed Services. name of the Senator from Maine (Ms. and Secondary Education Act of 1965, the f SNOWE) was added as a cosponsor of S. Higher Education Act of 1965, and the Inter- 484, a bill to amend the Internal Rev- nal Revenue Code of 1986 to improve recruit- ADDITIONAL COSPONSORS enue Code of 1986 to allow Federal ci- ment, preparation, distribution, and retention of public elementary and secondary S. 169 vilian and military retirees to pay school teachers and principals, and for other At the request of Mr. BINGAMAN, the health insurance premiums on a pretax purposes; to the Committee on Finance. name of the Senator from Texas (Mrs. basis and to allow a deduction for By Mr. BURNS: HUTCHISON) was added as a cosponsor of TRICARE supplemental premiums. S. 1219. A bill to authorize certain tribes in S. 169, a bill to amend the Intermodal S. 537 the State of Montana to enter into a lease or Surface Transportation Efficiency Act At the request of Mr. BINGAMAN, the other temporary conveyance of water rights of 1991 to identify a route that passes name of the Senator from Michigan to meet the water needs of the Dry Prairie Rural Water Association, Inc; to the Com- through the States of Texas, New Mex- (Ms. STABENOW) was added as a cospon- mittee on Energy and Natural Resources. ico, Oklahoma, and Kansas as a high sor of S. 537, a bill to increase the num- By Mr. DODD (for himself, Ms. COL- priority corridor on the National High- ber of well-trained mental health serv- LINS, and Mr. LEAHY): way System. ice professionals (including those based

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S. 1007 S. 1120 614, a bill to amend title 38, United At the request of Mr. BINGAMAN, the At the request of Mr. BINGAMAN, his States Code, to permit medicare-eligi- name of the Senator from Vermont name was added as a cosponsor of S. ble veterans to receive an out-patient (Mr. LEAHY) was added as a cosponsor 1120, a bill to reduce hunger in the medication benefit, to provide that cer- of S. 1007, a bill to prevent a severe re- United States by half by 2010, and for tain veterans who receive such benefit duction in the Federal medical assist- other purposes. are not otherwise eligible for medical ance percentage determined for a State S. 1160 care and services from the Department for fiscal year 2006. of Veterans Affairs, and for other pur- At the request of Mr. SMITH, the S. 1039 poses. name of the Senator from Maine (Ms. At the request of Mr. HATCH, the NOWE S. 633 S ) was added as a cosponsor of S. name of the Senator from Wyoming At the request of Mr. JOHNSON, the 1160, a bill to amend the Internal Rev- name of the Senator from Maine (Ms. (Mr. ENZI) was added as a cosponsor of enue Code of 1986 to restore, increase, S. 1039, a bill to amend the Internal SNOWE) was added as a cosponsor of S. and make permanent the exclusion 633, a bill to require the Secretary of Revenue Code of 1986 to modify the from gross income for amounts re- the Treasury to mint coins in com- treatment of depreciation of refinery ceived under qualified group legal serv- memoration of veterans who became property. ices plan. disabled for life while serving in the S. 1066 S. 1177 Armed Forces of the United States. At the request of Mr. VOINOVICH, the At the request of Mr. AKAKA, the S. 642 names of the Senator from Missouri names of the Senator from West Vir- At the request of Mr. FRIST, the (Mr. BOND) and the Senator from Mis- ginia (Mr. ROCKEFELLER) and the Sen- name of the Senator from Oklahoma souri (Mr. TALENT) were added as co- ator from Washington (Mrs. MURRAY) (Mr. COBURN) was added as a cosponsor sponsors of S. 1066, a bill to authorize were added as cosponsors of S. 1177, a of S. 642, a bill to support certain na- the States (and subdivisions thereof), bill to improve mental health services tional youth organizations, including the District of Columbia, territories, at all facilities of the Department of the Boy Scouts of America, and for and possessions of the United States to Veterans Affairs. other purposes. provide certain tax incentives to any S. 1197 S. 726 person for economic development pur- At the request of Mr. BIDEN, the At the request of Mr. SANTORUM, his poses. names of the Senator from Idaho (Mr. name was added as a cosponsor of S. S. 1076 CRAPO), the Senator from Washington 726, a bill to promote the conservation At the request of Mr. TALENT, the (Ms. CANTWELL) and the Senator from and production of natural gas. name of the Senator from Virginia (Mr. New Jersey (Mr. LAUTENBERG) were S. 727 ALLEN) was added as a cosponsor of S. added as cosponsors of S. 1197, a bill to At the request of Mr. SANTORUM, his 1076, a bill to amend the Internal Rev- reauthorize the Violence Against name was added as a cosponsor of S. enue Code of 1986 to extend the excise Women Act of 1994. 727, a bill to provide tax incentives to tax and income tax credits for the pro- S. RES. 39 promote the conservation and produc- duction of biodiesel. At the request of Ms. LANDRIEU, the tion of natural gas. At the request of Mrs. LINCOLN, the names of the Senator from North Da- S. 768 name of the Senator from Nebraska kota (Mr. DORGAN), the Senator from At the request of Mr. NELSON of Flor- (Mr. HAGEL) was added as a cosponsor Hawaii (Mr. INOUYE), the Senator from ida, the name of the Senator from Cali- of S. 1076, supra. New York (Mrs. CLINTON), the Senator fornia (Mrs. BOXER) was added as a co- S. 1077 from Nebraska (Mr. NELSON), the Sen- sponsor of S. 768, a bill to provide for At the request of Mrs. LINCOLN, the ator from Delaware (Mr. CARPER), the comprehensive identity theft preven- names of the Senator from Nebraska Senator from South Carolina (Mr. GRA- tion. (Mr. HAGEL) and the Senator from Mis- HAM) and the Senator from North Caro- S. 809 souri (Mr. TALENT) were added as co- lina (Mr. BURR) were added as cospon- At the request of Mr. LAUTENBERG, sponsors of S. 1077, a bill to amend the sors of S. Res. 39, a resolution apolo- the name of the Senator from Hawaii Internal Revenue Code of 1986 to pro- gizing to the victims of lynching and (Mr. INOUYE) was added as a cosponsor vide a renewable liquid fuels tax credit, the descendants of those victims for of S. 809, a bill to establish certain du- and for other purposes. the failure of the Senate to enact anti- ties for pharmacies when pharmacists S. 1104 lynching legislation. employed by the pharmacies refuse to fill valid prescriptions for drugs or de- At the request of Mrs. CLINTON, the S. RES. 154 vices on the basis of personal beliefs, name of the Senator from Mississippi At the request of Mr. BIDEN, the and for other purposes. (Mr. COCHRAN) was added as a cospon- names of the Senator from New York sor of S. 1104, a bill to amend titles XIX S. 894 (Mrs. CLINTON), the Senator from and XXI of the Social Security Act to At the request of Mr. ENZI, the name Maryland (Ms. MIKULSKI), the Senator of the Senator from Michigan (Ms. provide States with the option to cover from New Mexico (Mr. BINGAMAN), the certain legal immigrants under the STABENOW) was added as a cosponsor of Senator from Washington (Mrs. MUR- S. 894, a bill to allow travel between medicaid and State children’s health RAY), the Senator from Missouri (Mr. the United States and Cuba. insurance programs. TALENT), the Senator from Arkansas S. 962 S. 1105 (Mrs. LINCOLN), the Senator from Iowa At the request of Mr. SMITH, his At the request of Mr. DODD, the name (Mr. GRASSLEY) and the Senator from name was added as a cosponsor of S. of the Senator from Massachusetts Alaska (Ms. MURKOWSKI) were added as 962, a bill to amend the Internal Rev- (Mr. KERRY) was added as a cosponsor cosponsors of S. Res. 154, a resolution enue Code of 1986 to allow a credit to of S. 1105, a bill to amend title VI of designating October 21, 2005 as ‘‘Na- holders of qualified bonds issued to fi- the Higher Education Act of 1965 re- tional Mammography Day’’. nance certain energy projects, and for garding international and foreign lan- S. RES. 155 other purposes. guage studies. At the request of Mr. BIDEN, the S. 969 S. 1112 names of the Senator from Oregon (Mr. At the request of Mr. OBAMA, the At the request of Mr. BAUCUS, the WYDEN), the Senator from Maryland name of the Senator from Illinois (Mr. name of the Senator from Illinois (Mr. (Mr. SARBANES) and the Senator from

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One way to do emphasize the need to develop edu- my research suggests that if the that is to make sure when we look at cational programs regarding the con- present policies are continued we will the Statue of Liberty, when we look at tributions of veterans to the country. spend over the next 5 years nearly $4.5 the Great Smoky Mountains, when we S. RES. 158 billion to subsidize windmills. Because look at the Grand Canyon, we do not At the request of Mr. GRAHAM, the of those large subsidies, the number of have giant windmills, twice as tall as name of the Senator from Delaware the giant wind turbines in the United Neyland Stadium, with flashing red (Mr. BIDEN) was added as a cosponsor of States is expected to grow from 6,700 lights, in between us and that land- S. Res. 158, a resolution expressing the today to 40,000, or even double that scape. sense of the Senate that the President number in 20 years according to esti- Mr. President, I ask unanimous con- should designate the week beginning mates by the Department of Energy sent to have printed in the RECORD the September 11, 2005, as ‘‘National His- and the Union of Concerned Scientists. text of the legislation which Senator torically Black Colleges and Univer- These wind turbines are not your WARNER and I are introducing, a copy sities Week’’. grandmother’s windmills, gently pump- of the attachment which includes the ing water from the farm well. Here is approximately 200 highly scenic sites f just one example, which my colleagues that could be protected by the Environ- STATEMENTS ON INTRODUCED from Alabama and South Carolina will mentally Responsible Windpower Act BILLS AND JOINT RESOLUTIONS especially appreciate. The University of 2005, and two editorials from Ten- By Mr. ALEXANDER (for himself of Tennessee has the second largest nessee newspapers—one from the Chat- and Mr. WARNER): football stadium in America, seating tanooga Times Free Press and one from S. 1208. A bill to provide for local 107,000 people. The Senator from Ala- the Knoxville News Sentinel—which control for the siting of windmills; to bama and I sat there while Auburn comment on the previous legislation the Committee on Energy and Natural University beat the tar out of the Uni- we introduced. Resources. versity of Tennessee last year. I ask There being no objection, the mate- Mr. ALEXANDER. Mr. President, in him to imagine that just one of these rial was ordered to be printed in the order to protect our Nation’s most sce- giant wind turbines would fit into that RECORD, as follows: nic areas, Senator WARNER, the senior stadium. It would rise to more than S. 1208 Senator from Virginia, and I are today twice the height of the highest skybox. Be it enacted by the Senate and House of Rep- introducing a revised version of the En- Its rotor blades would stretch almost resentatives of the United States of America in Congress assembled, vironmentally Responsible Windpower from 10-yard line to 10-yard line. And on a clear night, its flashing red lights SECTION 1. SHORT TITLE. Act of 2005. It will be introduced in the could be seen for 20 miles. Usually, This Act may be cited as the ‘‘Environ- House of Representatives by Congress- these wind turbines are located in wind mentally Responsible Windpower Act of man John Duncan, a Republican, who farms containing 20 or more, but the 2005’’. is chairman of the Water Resources SEC. 2. LOCAL CONTROL FOR SITING OF WIND- number can be more than 100. They Subcommittee, and by Representative MILLS. work best, of course, where the wind Bart Gordon, a Democrat, who is the (a) LOCAL NOTIFICATION.—Prior to the Fed- blows best which, in our part of the ranking Democrat on the Science and eral Energy Regulatory Commission issuing country, is along scenic coastlines or to any wind turbine project its Exempt- Technology Committee. scenic ridgetops. Wholesale Generator Status, Market-Based Senator WARNER and I have listened Now, reasonable Members of this Rate Authority, or Qualified Facility rate to our colleagues, and we have made body may disagree about the cost, ef- schedule, the wind project shall complete its several changes in our initial bill to fectiveness, and appropriateness of Local Notification Process. (b) LOCAL NOTIFICATION PROCESS.— simplify it and to make it the kind of such wind turbines. We can have that bill we hope all Senators will think (1) In this section, the term ‘‘Local Au- debate at another time. But at least we thorities’’ means the governing body, and makes good sense. What we have done ought to be able to agree not to sub- is to simplify the local notification the senior executive of the body, at the low- sidize building them in places that est level of government that possesses au- procedures and to more precisely pro- damage our most scenic areas and thority under State law to carry out this tect scenic areas of the country with- coastlines. Act. out impacting the entire coastline. We Since wind turbines of this giant size (2) Applicant shall notify in writing the have also removed a provision regard- are such a relatively new phenomenon, Local Authorities on the day of the filing of ing military bases that was in our bill it fits our American traditions to give such Market-Based Rate application or Fed- since that can be addressed in other local communities time to stop and eral Energy Regulatory Commission Form number 556 (or a successor form) at the Fed- legislation. think about their most appropriate lo- Our revised bill would do three eral Energy Regulatory Commission. Evi- cation. dence of such notification shall be submitted things: In conclusion, Mr. President, let me to the Federal Energy Regulatory Commis- No. 1, to protect America’s most sce- emphasize that our legislation does not sion. nic treasures, such as the Grand Can- prohibit the building of a single wind (3) The Federal Energy Regulatory Com- yon, the Statue of Liberty, and the turbine. It only denies a Federal tax- mission shall notify in writing the Local Au- Great Smoky Mountains National payer subsidy in highly scenic areas. thorities within 10 days of the filing of such Park, and deny Federal subsidies for And it ensures local governments have Market-Based Rate application or Federal giant wind turbines within 20 miles of the time to review wind turbine pro- Energy Regulatory Commission Form number 556 (or a successor form) at the Federal any national park, national military posals. park, national seashore, national lake- Energy Regulatory Commission. This revised version does not give (4) The Federal Energy Regulatory Com- shore, or 20 World Heritage sites in the local authorities any power they do not mission shall not issue to the project Mar- United States. already have. It simply gives them a ket-Based Rate Authority, Exempt Whole- No. 2, to protect our most pristine little time to act. saler Generator Status, or Qualified Facility coastlines, it would deny Federal sub- We intend to offer our legislation as rate schedule, until 180 days after the date sidies for wind turbines less than 20 an amendment when the full Senate de- on which the Federal Energy Regulatory miles offshore, which is the horizon of bates the Energy bill next week, and Commission notifies the Local Authorities a national seashore, a national lake- we hope our colleagues will join us in under paragraph (3). (c) HIGHLY SCENIC AREA AND FEDERAL shore, or a National Wildlife Refuge. this effort to ensure the Federal Gov- LAND.— No. 3, to enhance local control, which ernment does not provide tax incen- (1) A Highly Scenic Area is— most of us believe in, it would give tives that ruin the beauty of our most (A) any area listed as an official United communities a 180-day timeout period pristine and scenic areas around our Nations Educational, Scientific, and Cul- from when a wind project is filed with country. tural Organization World Heritage Site, as

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supported by the Department of the Interior, World Heritage Sites: Redwood National ILLINOIS the National Park Service, and the Inter- Park, Yosemite National Park. World Heritage Sites: Cahokia Mounds national Council on Monuments and Sites; National Seashores: Point Reyes National State Historic Site. (B) land designated as a National Park; Seashore. INDIANA (C) a National Lakeshore; National Wildlife Refuqes: Castle Rock Na- (D) a National Seashore; tional Wildlife Refuge, Ellicott Slough Na- National Seashores: Indiana Dunes Na- (E) a National Wildlife Refuge that is adja- tional Wildlife Refuge, Farallon National tional Lakeshore. cent to an ocean; or Wildlife Refuge, Guadalupe-Nipomo Dunes KENTUCKY (F) a National Military Park. National Wildlife Refuge, Humboldt Bay Na- National Parks: Mammoth Cave National (2) A Qualified Wind Project is any wind- tional Wildlife Refuge, Marin Islands Na- Park. turbine project located— tional Wildlife Refuge, Salinas River Na- World Heritage Sites: Mammoth Cave Na- (A)(i) in a Highly Scenic Area; or tional Wildlife Refuge, San Diego Bay Na- tional Park. (ii) within 20 miles of the boundaries of an tional Wildlife Refuge, San Pablo Bay Na- LOUISIANA area described in subparagraph (A), (B), (C), tional Wildlife Refuge, Seal Beach National Coastal National Heritage Sites: Bayou (D), or (F) of paragraph (1); or Wildlife Refuge, Tijuana Slough National Teche National Wildlife Refuge, Big Branch (B) within 20 miles off the coast of a Na- Wildlife Refuge. National Wildlife Refuge, Breton National tional Wildlife Refuge that is adjacent to an COLORADO Wildlife Refuge, Delta National Wildlife Ref- ocean. National Parks: Black Canyon of the Gun- uge, Sabine National Wildlife Refuge, Shell (3) Prior to the Federal Energy Regulatory nison National Park, Great Sand Dunes Na- Keys National Wildlife Refuge. Commission issuing to a Qualified Wind tional Park & Preserve, Mesa Verde National Project its Exempt-Wholesale Generator MAINE Park, Rocky Mountain National Park. National Parks: Acadia National Park. Status, Market-Based Rate Authority, or World Heritage Sites: Mesa Verde. Qualified Facility rate schedule, an environ- Coastal National Wildlife Refuges: Aroos- mental impact statement shall be conducted CONNECTICUT took National Wildlife Refuge, Cross Island and completed by the lead agency in accord- Coastal National Wildlife Refuges: Stewart National Wildlife Refuge, Franklin Island ance with the National Environmental Pol- B. McKinney National Wildlife Refuge. National Wildlife Refuge, Moosehorn Na- icy Act of 1969 (42 U.S.C. 4321 et seq.). If no DELAWARE tional Wildlife Refuge, Petit Manan National Wildlife Refuge, Pond Island National Wild- lead agency is designated, the lead agency Coastal National Wildlife Refuges: Bombay life Refuge, Rachel Carson National Wildlife shall be the Department of the Interior. Hook National Wildlife Refuge, Prime Hook Refuge, Seal Island National Wildlife Refuge. (4) The environmental impact statement National Wildlife Refuge. determination shall be issued within 12 MARYLAND FLORIDA months of the date of application. National Seashores: Assateague Island Na- (5) Such environmental impact statement National Parks: Biscayne National Park, tional Seashore. review shall include a cumulative impacts Dry Tortugas National Park, Everglades Na- MASSACHUSETTS analysis addressing visual impacts and avian tional Park. mortality analysis of a Qualified Wind World Heritage Sites: Everglades National National Seashores: Cape Cod National Project. Park. Seashore. (6) A Qualified Wind Project shall not be National Seashores: Canaveral National Coastal National Wildlife Refuges: Mash- eligible for any Federal tax subsidy. Seashore, Gulf Islands National Seashore. pee National Wildlife Refuge, Massaspit Na- (d) EFFECTIVE DATE.— Coastal National Wildlife Refuge Sites: Ar- tional Wildlife Refuge, Monormoy National (1) This section shall expire 10 years after chie Carr National Wildlife Refuge, Arthur Wildlife Refuge, Nantucket National Wildlife the date of enactment of this Act. R. Marshall Loxahatchee National Wildlife Refuge, Normans Land Island National Wild- (2) Nothing in this section shall prevent or Refuge, Cedar Keys National Wildlife Refuge, life Refuge, Parker River National Wildlife discourage environmental review of any wind Chassahowitzka National Wildlife Refuge, Refuge, Thacher Island National Wildlife projects or any Qualified Wind Project on a Crocodile Lake National Wildlife Refuge, Refuge. State or local level. Crystal River National Wildlife Refuge, MICHIGAN Egmont Key National Wildlife Refuge, Great SCENIC SITES PROTECTED BY THE ENVIRON- National Parks: Isle Royale National Park. White Heron National Wildlife Refuge, Hobe MENTALLY RESPONSIBLE WINDPOWER ACT OF National Lakeshores: Pictured Rocks Na- Sound National Wildlife Refuge, Island Bay 2005 tional Lakeshore, Sleeping Bear Dunes Na- National Wildlife Refuge, J. N. Ding Darling tional Lakeshore. ALABAMA National Wildlife Refuge, Key West National MINNESOTA National Parks: Little River Canyon Na- Wildlife Refuge, Lower Suwannee National tional Preserve. Wildlife Refuge, Matlacha Pass National National Parks: Voyageurs National Park. National Military Parks: Horseshoe Bend. Wildlife Refuge, Merritt Island National MISSISSIPPI ALASKA Wildlife Refuge, National Key Deer Refuge National Seashores: Gulf Islands National National Parks: Denali National Park & National Wildlife Refuge, Passage Key Na- Seashore. Preserve, Gates of the Arctic National Park tional Wildlife Refuge, Pelican Island Na- National Military Parks: Vicksburg. & Preserve, Glacier Bay National Park & tional Wildlife Refuge, Pine Island National Coastal National Wildlife Refuges: Grand Preserve, Katmai National Park & Preserve, Wildlife Refuge, Pinellas National Wildlife Bay National Wildlife Refuge, Mississippi Kenai Fjords National Park, Kobuk Valley Refuge, St. Johns National Wildlife Refuge, Sandhill Crane National Wildlife Refuge National Park, Lake Clark National Park & St. Marks National Wildlife Refuge, St. Vin- MONTANA Preserve, Wrangell-St, Elias National Park cent National Wildlife Refuge, Ten Thousand National Parks: Yellowstone National & Preserve. Islands National Wildlife Refuge. World Heritage Sites: Glacier Bay National Park, Glacier National Park. GEORGIA World Heritage Sites: Yellowstone Na- Park & Preserve, Wrangell-St. Elias Na- tional Park. tional Park & Preserve. National Seashores: Cumberland Island Na- Coastal National Wildlife Refuges: Izembek tional Seashore. NEVADA National Wildlife Refuge, Alaska Peninsula Coastal National Wildlife Refuges: Black- National Parks: Death Valley National National Wildlife Refuge, Becharof National beard Island National Wildlife Refuge, Harris Park, Great Basin National Park. Neck National Wildlife Refuge, Wassaw Na- Wildlife Refuge, Kodiak National Wildlife NEW HAMPSHIRE Refuge, Selawik National Wildlife Refuge. tional Wildlife Refuge, Wolf Island National Wildlife Refuge. Coastal National Wildlife Refuges: Great ARIZONA Bay National Wildlife Refuge. National Parks: Grand Canyon National HAWAII NEW JERSEY Park, Petrified Forest National Park. National Parks: Haleakala National Park, World Heritage Sites: Grand Canyon Na- Hawaii Volcanoes National Park. Coastal National Wildlife Refuges: Cape tional Park. World Heritage Sites: Hawaii Volcanoes May National Wildlife Refuge, Edwin B. For- sythe National Wildlife Refuge. ARKANSAS National Park. National Parks: Hot Springs National Coastal National Wildlife Refuges: Oahu NEW MEXICO Park. Forest National Wildlife Refuge, Hanalei Na- National Parks: Carlsbad Caverns National National Military Parks: Pea Ridge. tional Wildlife Refuge, Kilauea National Park. CALIFORNIA Wildlife Refuge, Hakalau National Wildlife World Heritage Sites: Chaco Culture Na- Refuge, Kealia Pond National Wildlife Ref- National Parks: Channel Islands National tional Historical Park, Pueblo de Taos, uge, Pearl Harbor National Wildlife Refuge, Park, Death Valley National Park, Joshua Carlsbad Caverns National Park. Kakahaia National Wildlife Refuge. Tree National Park, Lassen Volcanic Na- NEW YORK tional Park, Redwood National and State IDAHO World Heritage Sites: Statue of Liberty. Parks, Sequoia & Kings Canyon National National Parks: Yellowstone National National Seashores: Fire Island National Parks, Yosemite National Park. Park. Seashore.

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NORTH CAROLINA National Park, Capitol Reef National Park, ‘‘These towers and their flashing red lights National Parks: Great Smoky Mountains Zion National Park. can be seen from more than 25 miles away. National Park. VIRGINIA ‘‘Their noise can be heard from up to a World Heritage Sites: Great Smoky Moun- National Parks: Shenandoah National half-mile away. It is a thumping and swish- tains National Park. Park. ing sound. It has been described by residents National Seashores: Cape Hatteras Na- World Heritage Sites: Monticello, Univer- that are unhappy with the noise as sounding tional Seashore, Cape Lookout National Sea- sity of Virginia Historic District like a brick wrapped in a towel tumbling in shore. National Seashores: Assateague Island Na- a clothes drier on a perpetual basis. National Military Parks: Guilford Court- tional Seashore. ‘‘These windmills produce very little power house National Military Parks: Fredericksburg since they only operate when the wind blows Coastal National Wildlife Refuges: Alli- and Spotsylvania Courthouse Battlefields. enough or doesn’t blow too much, so they are gator River National Wildlife Refuge, Cedar Coastal National Wildlife Refuges: Back usually placed in large wind farms covering Island National Wildlife Refuge, Currituck Bay National Wildlife Refuge, Chincoteague huge amounts of land. National Wildlife Refuge, Mackay Island Na- National Wildlife Refuge, Eastern Shore of ‘‘As an example, if the Congress ordered tional Wildlife Refuge, Mattamuskeet Na- Virginia National Wildlife Refuge, electric companies to build 10 percent of tional Wildlife Refuge, Pea Island National Featherstone National Wildlife Refuge, Fish- their power from renewable energy—which Wildlife Refuge, Pocosin Lakes National erman Island National Wildlife Refuge, as we have said, has to be mostly wind—and Wildlife Refuge, Swanquarter National Wild- James River National Wildlife Refuge, if we renew the current subsidy each year, by life Refuge. Mason Neck National Wildlife Refuge, the year 2025, my state of Tennessee would have at least 1,700 windmills, which would NORTH DAKOTA Nansemond National Wildlife Refuge, Occoquah Bay National Wildlife Refuge, cover land almost equal to two times the size National Parks: Theodore Roosevelt Na- Plum Tree Island National Wildlife Refuge, of the city of Knoxville.’’ tional Park. Wallops Island National Wildlife Refuge Do these revelations by Sen. Alexander, ac- OHIO companied by the prospect that $3.7 billion WASHINGTON of your taxes might be required for subsidies National Parks: Cuyahoga Valley National National Parks: Mount Rainier National Parks. over five years, cause you to want to have Park, North Cascades National Park, Olym- 100,000 of these huge, red lighted, noisy, OREGON pic National Park. thumping windmills erected throughout the National Parks: Crater Lake National World Heritage Sites: Olympic National United States, with 1,700 of them in Ten- Park. Park. nessee—perhaps in your neighborhood? Coastal National Wildlife Refuges: Bandon Coastal National Wildlife Refuges: Copalis Talk about ‘‘pollution’’ of area, sound and Marsh National Wildlife Refuge, Cape Meares National Wildlife Refuge, Flattery National sight! National Wildlife Refuge, Nestucca Bay Na- Wildlife Refuge, Grays Harbor National Surely, non-polluting nuclear power and tional Wildlife Refuge, Oregon Islands Na- Wildlife Refuge, Quillayute Needles National other energy sources would be better. The tional Wildlife Refuge, Siletz Bay National Wildlife Refuge, Willapa National Wildlife windmill subsidies could be used better to Wildlife Refuge, Three Arch Rocks National Refuge. promote cleaner, more efficient and cheaper Wildlife Refuge. WISCONSIN coal, gas and oil technology. PENNSYLVANIA National Lakeshores: Apostle Islands Na- Sen. Alexander said the purpose of his leg- World Heritage Sites: Independence Hall. tional Lakeshore. islation, in which Sen. John Warner, R-Va., National Military Parks: Gettysburg. WYOMING has joined, is to be sure that ‘‘local authorities have a chance to consider the impact of National Parks: Grand Teton National RHODE ISLAND such massive new structures before dozens or Park, Yellowstone National Park. Coastal National Wildlife Refuges: Block World Heritage Sites: Yellowstone Na- hundreds of them begin to be built in their Island National Wildlife Refuge, John H. tional Park. communities.’’ Chafee National Wildlife Refuge, Ninigret For that fair warning, we should give National Wildlife Refuge, Sachuest Point [From the Chattanooga Times Free Press, thanks. If you have seen windmill farms in National Wildlife Refuge, Trustom Pond Na- May 22, 2005] California, Texas or Hawaii, you will surely tional Wildlife Refuge. understand why the warning is appropriate. BEWARE OF WINDMILLS SOUTH CAROLINA Don Quixote thought he had problems with It was reported in the classical fictional National Parks: Congaree National Park. windmills, He hadn’t seen the kind Sen. literature of Miguel de Cervantes, and in the Alexander is talking about. National Military Parks: Kings Mountain. delightful derivative musical play ‘‘Man of Coastal National Wildlife Refuges: ACE La Mancha,’’ that Don Quixote tilted at [KnoxNews, June 9, 2005] Basin National Wildlife Refuge, Cape windmills, thinking them to be adversaries. WINDMILLS NEED COMMONSENSE APPROACH Romain National Wildlife Refuge, Pickney But in the real-life United States today, Island National Wildlife Refuge, Savannah some people are promoting the erection of U.S. Sen. Lamar Alexander has unleashed National Wildlife Refuge, Tybee National many thousands of windmills as a means of a storm of controversy among environ- Wildlife Refuge, Waccamaw National Wild- generating electric power, with too few peo- mentalists over windmills, but we think he life Refuge. ple being aware that these modern windmills is using a commonsense approach. SOUTH DAKOTA would be very real, not imaginary, adver- Alexander has introduced legislation that National Parks: Badlands National Park, saries. would restrict tax credits for new windmills, Wind Cave National Park. Sen. Lamar Alexander, R-Tenn., has intro- and he has asked TVA to place a moratorium duced a bill in Congress designed to avoid on new windmills. TENNESSEE having an army of huge windmills slip up on Alexander’s bill would give local govern- National Parks: Great Smoky Mountains us without sufficient warning. ments veto power over wind farm projects National Park. The senator says an effort is being made to and require environmental impact state- World Heritage Sites: Great Smoky Moun- require electric companies to produce 10 per- ments for windmill construction in offshore tains National Park. cent of their power from ‘‘renewable’’ areas and within 20 miles of certain scenic National Military Parks: Chickamauga and sources. That means wind, hydro, solar, geo- areas, such as the Great Smoky Mountains Chattanooga, Shiloh. thermal and biomass power. Sounds good on National Park, and military bases. TEXAS the surface, doesn’t it? The trouble is that The provision on eliminating tax credits for projects in those restricted areas, how- National Parks: Big Bend National Park, there are few opportunities for substantial ever, is what has drawn criticism from envi- Guadalupe Mountains National Park. power generation by these means except by ronmentalists and windmill manufacturers. National Seashores: Padre Island National wind. What would that mean? Stephen Smith of the Southern Alliance Seashore. ‘‘The idea of windmills,’’ said Sen. Alex- for Clean Energy said the legislation is ‘‘the Coastal National Wildlife Refuges: Ana- ander, conjures up pleasant images—of Hol- most direct assault on wind power we’ve ever huac National Wildlife Refuge, Aransas Na- land and tulips, of rural America . . . My seen by a United States senator.’’ tional Wildlife Refuge, Big Boggy National grandparents had such a windmill at their Jaime Steve, a lobbyist for the American Wildlife Refuge, Brazoria National Wildlife well pump . . . But the windmills we are Wind Energy Association, said wind energy Refuge, Laguna Atascossa National Wildlife talking about today are not your grand- could bring up to 4,500 new jobs and $4.2 bil- Refuge, McFaddin National Wildlife Refuge, mother’s windmills. lion in investment to the state in the next San Bernard National Wildlife Refuge, Texas ‘‘Each one is typically 100 yards tall, two five or six years. Point National Wildlife Refuge, Trinity stories taller than the Statue of Liberty, Alexander released a statement that said River National Wildlife Refuge taller than a football field is long. ‘‘These windmills are wider than a 747 his bill would protect scenic areas and give UTAH jumbo jet. local citizens more control. ‘‘It keeps those National Parks: Arches National Park, ‘‘Their rotor blades turn at 100 miles per 100-yard-tall, monstrous structures away Bryce Canyon National Park, Canyonlands hour. from Signal Mountain, Lookout Mountain,

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6304 CONGRESSIONAL RECORD — SENATE June 9, 2005 Roan Mountain, the Tennessee River Gorge, American experiment in self-govern- it is important to preserve and defend our the foothills of the Smokies and other highly ment, which binds together a diverse common heritage of freedom and civilization scenic areas,’’ Alexander said. people into a single Nation with com- and to ensure that future generations of ‘‘As for jobs,’’ he continued, ‘‘every Ten- Americans understand the importance of tra- nessee job is important, but I fear that hun- mon purposes. ditional American history and the principles dreds of these giant windmills across Ten- However, college students’ lack of of free government on which this Nation was nessee’s ridges could destroy our tourism in- historical literacy is quite startling, founded in order to provide the basic knowl- dustry, which could cost us tens of thousands and too few of our colleges and univer- edge that is essential to full and informed of jobs.’’ sities are focused on the task of im- participation in civic life and to the larger In remarks on the Senate floor, Alexander parting this fundamental knowledge to vibrancy of the American experiment in self- said serious questions have been raised about the next generation. A survey of stu- government, binding together a diverse peo- how much relying on wind power will raise dents at America’s top colleges found ple into a single Nation with a common pur- the cost of electricity. ‘‘My studies suggest pose. that, at a time when America needs large that seniors could not identify Valley (2) However, despite its importance, most amounts of low-cost, reliable power, wind Forge, words from the Gettysburg Ad- of the Nation’s colleges and universities no produces puny amounts of high-cost unreli- dress, or even the basic tenets of the longer require United States history or sys- able power,’’ he said. ‘‘We need lower prices; U.S. Constitution. Given high school- tematic study of Western civilization and wind power raises prices.’’ level American history questions, 81 free institutions as a prerequisite to gradua- About his request to TVA, Alexander said percent of the college seniors would tion. the moratorium should be in effect ‘‘until have received a D or F, the report (3) In addition, too many of our Nation’s the new TVA board, Congress and local offi- elementary school and secondary school his- cials can evaluate the impact on these mas- found. One college professor informed tory teachers lack the training necessary to sive structures on our electric rates, our me that her students did not know effectively teach these subjects, due largely view of the mountains and our tourism in- which side Lee was on during the Civil to the inadequacy of their teacher prepara- dustry.’’ War, or whether the Russians were al- tion. TVA Directors Bill Baxter and Skila Har- lies or enemies in World War II. A stu- (4) Distinguished historians and intellec- ris responded that TVA has no plans to build dent of hers asked why anyone should tuals fear that without a common civic more wind turbines in the next two years care what the Founding Fathers wrote. memory and a common understanding of the and beyond. remarkable individuals, events, and ideals We believe Alexander has raised some seri- As unfortunate as these findings are, that have shaped our Nation and its free in- ous questions about the effectiveness and ef- they are perhaps not surprising. A sur- stitutions, the people in the United States ficiency of wind power. While we understand vey conducted several years ago found risk losing much of what it means to be an the importance of focusing on new forms of that not one of America’s top fifty col- American, as well as the ability to fulfill the energy to reduce reliance on oil, we agree leges and universities required its stu- fundamental responsibilities of citizens in a with Alexander’s premise that we must go dents to take a course in American his- democracy. about it wisely. tory. More recently, another report (b) PURPOSES.—The purposes of this Act ‘‘I hope we decide that we need a real na- are to promote and sustain postsecondary tional energy policy instead of a national documented the extent to which our academic centers, institutes, and programs windmill policy,’’ Alexander said. top postsecondary institutions have that offer undergraduate and graduate We think that’s well said. abandoned the traditional core require- courses, support research, sponsor lectures, ments that once gave students a sys- seminars, and conferences, and develop By Mr. GREGG: temic grasp of our nation’s ideals, in- teaching materials, for the purpose of devel- S. 1209. A bill to establish and stitutions, and origins. Indeed, only oping and imparting a knowledge of traditional American history, the American strengthen postsecondary programs about a dozen undergraduate programs and courses in the subjects of tradi- Founding, and the history and nature of, and at major American colleges and univer- threats to, free institutions, or of the nature, tional American history, free institu- sities have a central focus on American history, and achievements of Western civili- tions, and Western civilization, avail- constitutional history and principles. zation, particularly for— able to students preparing to teach We are doing our students a dis- (1) undergraduate students who are en- these subjects, and to other students; service if we allow them to graduate rolled in teacher education programs, who to the Committee on Health, Edu- from an institution of higher education may consider becoming school teachers, or who wish to enhance their civic competence; cation, Labor, and Pensions. without a solid understanding of and Mr. GREGG. Mr. President, today I (2) elementary school, middle school, and appreciation for our democratic herit- secondary school teachers in need of addi- am proud to introduce the Higher Edu- age. We cannot hope to preserve our de- cation for Freedom Act. This bill will tional training in order to effectively teach mocracy without taking action to rem- in these subject areas; and establish a competitive grant program edy our students’ historical illiteracy. (3) graduate students and postsecondary making funds available to institutions As Thomas Jefferson once wrote, ‘‘If a faculty who wish to teach about these sub- of higher education, centers within nation expects to be ignorant—and ject areas with greater knowledge and effec- such institutions, and associated non- free—in a state of civilization, it ex- tiveness. profit foundations to promote both pects what never was and never will SEC. 3. DEFINITIONS. graduate and undergraduate programs In this Act: be.’’ I believe the time has come for (1) ELIGIBLE INSTITUTION.—The term ‘‘eligi- focused on the teaching and study of Congress to do something to promote traditional American history and gov- ble institution’’ means— the teaching and study of traditional (A) an institution of higher education; ernment, and the history and achieve- American history at the postsecondary (B) a specific program within an institu- ments of Western Civilization. The pro- level, and I urge my colleagues to sup- tion of higher education; and gram will help ensure that more post- port this legislation. (C) a non-profit history or academic orga- secondary students have the oppor- I ask unanimous consent that the nization associated with higher education tunity to participate in programs fo- text of the bill be printed in the whose mission is consistent with the purposes of this Act. cused on these critical subjects and ECORD R . (2) FREE INSTITUTION.—The term ‘‘free in- that prospective teachers of history There being no objection, the bill was and government have access to a solid stitution’’ means an institution that ordered to be printed in the RECORD, as emerged out of Western civilization, such as foundation of content knowledge. follows: democracy, constitutional government, indi- Today, more than ever, it is impor- S. 1209 vidual rights, market economics, religious tant to preserve and defend our com- freedom and tolerance, and freedom of Be it enacted by the Senate and House of Rep- mon heritage of freedom and civiliza- thought and inquiry. resentatives of the United States of America in tion, and to ensure that future genera- (3) INSTITUTION OF HIGHER EDUCATION.—The Congress assembled, tions of Americans understand the im- term ‘‘institution of higher education’’ has portance of traditional American his- SECTION 1. SHORT TITLE. the meaning given the term under section This Act may be cited as the ‘‘Higher Edu- 101 of the Higher Education Act of 1965 (20 tory and the principles of free govern- cation for Freedom Act’’. ment upon which this Nation was U.S.C. 1001). SEC. 2. FINDINGS AND PURPOSES. (4) SECRETARY.—The term ‘‘Secretary’’ founded. This knowledge is not only es- (a) FINDINGS.—Congress finds the fol- means the Secretary of Education. sential to the full participation of our lowing: (5) TRADITIONAL AMERICAN HISTORY.—The citizenry in America’s civic life, but (1) Given the increased threat to American term ‘‘traditional American history’’ also to the continued success of the ideals in the trying times in which we live, means—

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A bill to enhance the national vide natural cover and nutrient re- SEC. 4. GRANTS TO ELIGIBLE INSTITUTIONS. security of the United States by pro- placement. (a) IN GENERAL.—From amounts appro- viding for the research, development, The Natural Resources Defense Coun- priated to carry out this Act, the Secretary demonstration, administrative support, cil estimates that by 2025, an addi- shall award grants, on a competitive basis, and market mechanisms for widespread tional 200 million tons of biomass could to eligible institutions, which grants shall be deployment and commercialization of be generated each year from dedicated used for— biomass crops such as native (1) history teacher preparation initiatives, biobased fuels and biobased products, that— and for other purposes; to the Com- switchgrass, hybrid poplar and other (A) stress content mastery in traditional mittee on Agriculture, Nutrition, and woody crops, grown throughout the American history and the principles on Forestry. country. These crops require little or which the American political system is Mr. HARKIN. Mr. President, over the no fertilizer or chemical treatment, based, including the history and philosophy past 100 years, the economy of the while helping to enhance soil quality of free institutions, and the study of Western United States has become inextricably and reduce runoff. civilization; and tied to the supply of petroleum. In the Cellulose from biomass can be con- (B) provide for grantees to carry out re- early part of the 20th century, Amer- search, planning, and coordination activities verted to ethanol, to provide a clean devoted to the purposes of this Act; and ica’s abundant sources of petroleum transportation fuel with potentially (2) strengthening postsecondary programs helped drive tremendous improvements near-zero net carbon dioxide and sulfur in fields related to the American founding, in quality of life, offering greater mo- emissions, and substantially reduced free institutions, and Western civilization, bility through gasoline-powered trans- carbon monoxide, particulate and toxic particularly through— portation, and a whole host of new and emissions compared to petroleum- (A) the design and implementation of innovative products made from plastics based fuel. The Natural Resources De- courses, lecture series, and symposia, the de- and other petroleum-based chemicals. fense Council estimates that by 2050 velopment and publication of instructional But as the 20th century wore on, the biomass could supply 50 percent of the materials, and the development of new, and costs of a petroleum-based economy supporting of existing, academic centers; nation’s transportation fuel, dramati- (B) research supporting the development of grew increasingly apparent: pollution cally reducing our dependence on for- relevant course materials; of air and water became a growing risk eign oil. (C) the support of faculty teaching in un- to our health and environment, and a Other products of the biomass refin- dergraduate and graduate programs; and growing dependence on foreign imports ing process, such as biochemicals and (D) the support of graduate and post- became an increasing risk to our eco- bioplastics, can also complement or re- graduate fellowships and courses for scholars nomic and national security. Today, related to such fields. place less environmentally-friendly pe- nearly two-thirds of the oil we use troleum-based equivalents. For exam- (b) SELECTION CRITERIA.—In selecting eligi- comes from overseas, much of it from ble institutions for grants under this section ple, if all of the plastic used in the for any fiscal year, the Secretary shall estab- hostile and unstable regimes. United States were made from biomass Instability in the oil-producing re- lish criteria by regulation, which shall, at a instead of petroleum, the Nation’s oil gions of the world, the growing threat minimum, consider the education value and consumption would decrease by 90 to of global warming, and record-high relevance of the institution’s programming 145 million barrels a year. Biobased to carrying out the purposes of this Act and prices for gasoline at the pump all call plastics can also be composted and con- the expertise of key personnel in the area of for a new kind of economy for the 21st verted back to soil instead of being traditional American history and the prin- century: one based on a resource that thrown in a landfill. ciples on which the American political sys- is not only abundant, but clean, renew- tem is based, including the political and in- Biobased chemicals, lubricants and able and home-grown. tellectual history and philosophy of free in- Today, biofuels like ethanol and bio- metal-working fluids are all available stitutions, the American Founding, and in the marketplace today, and offer other key events that have contributed to diesel are making great inroads in reducing our foreign oil dependence. The safe, non-toxic alternatives to their pe- American freedom, and the study of Western troleum-based counterparts. The Na- civilization. biofuels industry will provide nearly 4 (c) GRANT APPLICATION.—An eligible insti- billion gallons of clean, domestically- tional Academies of Science found that tution that desires to receive a grant under produced fuel alternatives to gasoline biomass could meet all of the Nation’s this Act shall submit to the Secretary an ap- and diesel this year. We need to ensure needs for organic chemicals, replacing plication at such time, in such manner, and continued growth of renewable fuels, 700 million barrels of petroleum a year. containing such information as the Sec- But perhaps one of the greatest bene- retary may prescribe by regulation. first by supporting a robust Renewable Fuels Standard of at least 8 billion gal- fits of biobased fuels and products is to (d) GRANT REVIEW.—The Secretary shall es- our rural economy. A mature biomass tablish procedures for reviewing and evalu- lons a year by 2012, and then by sup- ating grants made under this Act. porting additional measures to grow industry would create more than 1 mil- (e) GRANT AWARDS.— the ‘‘bioeconomy.’’ lion jobs and generate $5 billion annu- (1) MAXIMUM AND MINIMUM GRANTS.—The That is why I am very proud today to ally in revenue for farmers. This rep- Secretary shall award each grant under this be joined by my colleagues, Senator resents a tremendous opportunity to Act in an amount that is not less than LUGAR, Senator OBAMA, and Senator grow and diversify sources of rural in- $400,000 and not more than $6,000,000. COLEMAN, in introducing the National come, while reducing our dependence (2) EXCEPTION.—A subgrant made by an eli- on foreign oil, bolstering national secu- gible institution under this Act to another Security and Bioenergy Investment eligible institution shall not be subject to Act of 2005. This important bipartisan rity and protecting the environment. the minimum amount specified in paragraph legislation provides the research, de- However, several obstacles still re- (1). velopment, demonstration, and market main. Current Federal programs to de- (f) MULTIPLE AWARDS.—For the purposes of mechanisms necessary to move this velop biomass crops, establish supply this Act, the Secretary may award more country from an economy based largely chains, and reduce the cost of biofuels than 1 grant to an eligible institution. on foreign oil, to one increasingly production are under-funded and lack (g) SUBGRANTS.—An eligible institution appropriate targeting. Potential bio- may use grant funds provided under this Act fueled with clean, renewable, domesti- to award subgrants to other eligible institu- cally-grown biomass. It is an impor- mass refinery developers remain reluc- tions at the discretion of, and subject to the tant compliment to a robust RFS, and tant to invest in construction of ‘‘next oversight of, the Secretary. a vital element of our energy future. generation’’ plants due to the high SEC. 5. AUTHORIZATION OF APPROPRIATIONS. According to the National Academies level of financial risk. And, according For the purpose of carrying out this Act, of Science, this country generates to a recent report from the Govern- there are authorized to be appropriated— nearly 300 million tons of biomass each ment Accountability Office, biobased

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With full funding, this bill (1) the Governors’ Ethanol Coalition, in the report entitled ‘‘Ethanol From Biomass given the necessary priority for full will deliver the technological advances America’s 21st Century Transportation implementation. needed to help make biobased fuels and Fuel’’, found that— A wide range of groups, including the products cost competitive with petro- (A) the dependence of the United States on Energy Future Coalition, the National leum-based equivalents, and it will oil is a major risk to national security and Commission on Energy Policy, the take a big step toward a future in economic and environmental health; Governors’ Ethanol Coalition, and the which our cars run on clean-burning re- (B) the safest and least costly approach to Natural Resources Defense Council, is newable fuels, our plastics turn to com- mitigating these risks is to set and achieve aggressive biofuels research, development, calling on Congress to invest in the post, and our Nation’s farmers fortify bioeconomy as the best direction for production and use goals; and our energy security. (C) significant investment in cellulosic the country’s energy future. The bill has strong support from a biofuels, including a dramatic expansion of The time to act is now. broad coalition of agricultural pro- existing research programs, production and This legislation implements several ducers, industry, clean energy, envi- consumer incentives, and commercialization critical measures to help ensure the ronment and national security groups. assistance, is needed; widespread deployment and commer- I have here several letters of endorse- (2) the National Academy of Sciences has cialization of biobased fuels and prod- found that there are abundant sources of ment. waste biomass, and approximately 280,000,000 ucts over the next 10 years. I ask unanimous consent that the The bill substantially updates and tons of waste biomass generated, in all re- text of the bill, and the accompanying improves the Biomass Research and gions of the United States each year; letters of endorsement, be printed in Development Act by refining its objec- (3) the Natural Resources Defense Council the RECORD. has estimated that by 2025, 200,000,000 addi- tives, providing greater focus on over- There being no objection, the bill was tional tons of biomass could be harvested coming remaining technical barriers, ordered to be printed in the RECORD, as each year from dedicated energy crops grown and increasing funding. It authorizes $1 follows: throughout the country, yielding billion in research and development $5,000,000,000 annually in profit for farmers; over five years to help today’s success- S. 1210 (4) the Department of Agriculture has esti- ful biorefineries become the biorefin- Be it enacted by the Senate and House of Rep- mated that energy derived from existing bio- eries of tomorrow, while developing ad- resentatives of the United States of America in mass supplies could displace 25 percent of vanced biomass crops, crop production Congress assembled, current petroleum imports while still meeting agricultural demands; methods, harvesting and transport SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.—This Act may be cited as (5) if all diesel fuel in the United States technology to deliver abundant bio- the ‘‘National Security and Bioenergy In- were blended with a 4-percent blend of biomass to the refinery door. vestment Act of 2005’’. diesel, crude oil consumption in the United It creates a reverse auction of pro- (b) TABLE OF CONTENTS.—The table of con- States would be reduced by 300,000,000 barrels duction incentives to deliver the first tents of this Act is as follows: each year by 2016; billion gallons of cellulosic biofuels at Sec. 1. Short title; table of contents. (6) there is sufficient domestic feedstock the lowest cost to taxpayers. Each Sec. 2. Findings. for the production of at least 8,000,000,000 an- year, cellulosic biofuels refiners will Sec. 3. Definitions. nual gallons of renewable fuels, including TITLE I—BIOMASS RESEARCH AND ethanol and biodiesel, by 2012; bid for assistance on a per gallon basis. (7) the Natural Resources Defense Council DEVELOPMENT Refiners who request the lowest level has estimated that biomass could supply 50 of assistance will earn production con- Sec. 101. Definitions. percent of current transportation petroleum tracts. As the volume of biofuels pro- Sec. 102. Cooperation and coordination in demand by 2050; duction grows, competition will in- biomass research and develop- (8) the National Academy of Sciences has crease, and per gallon incentive rates ment. estimated that enough agricultural crop res- Sec. 103. Biomass Research and Develop- idue is produced each year to entirely re- will decrease. After the first billion ment Board. gallons of annual production, cellulosic place the 700,000,000 barrels of petroleum Sec. 104. Biomass Research and Develop- used in organic chemical production in 2004; ethanol is expected to be competitive ment Technical Advisory Com- (9) the Biotechnology Industry Organiza- with gasoline without government as- mittee. tion, in its report entitled ‘‘New Bio- sistance. Sec. 105. Biomass Research and Develop- technology Tools for a Cleaner Environ- It establishes a new Assistant Sec- ment Initiative. ment’’, found that if all plastics in the retary position for Energy and Bio- Sec. 106. Reports. United States were made from biomass, oil product Development at USDA to pro- Sec. 107. Funding. consumption would decrease by up to vide the necessary priority and re- Sec. 108. Termination of authority. 145,000,000 barrels per year; Sec. 109. Biomass-derived hydrogen. sources for bioenergy and bioproduct (10) the National Academy of Sciences has programs. It expands the Federal Gov- TITLE II—PRODUCTION INCENTIVES reported that biobased products have the po- ernment biobased product procurement Sec. 201. Production incentives. tential to improve the sustainability of nat- TITLE III—ASSISTANT SECRETARY OF ural resources, environmental quality, and program of the 2002 farm bill to include national security while competing economi- government contractors. It also ex- AGRICULTURE FOR ENERGY AND BIOBASED PRODUCTS cally; tends the program to the U.S. Capitol (11) the Department of Agriculture has Complex, and establishes the Capitol as Sec. 301. Assistant Secretary of Agriculture made significant advances in the under- a showcase for biobased products. for Energy and Biobased Prod- standing and use by the United States of bio- It creates grant programs to help ucts. mass as a feedstock for fuels and products; small biobased businesses with mar- TITLE IV—PROCUREMENT OF BIOBASED (12) through participation with the Depart- keting and certification of biobased PRODUCTS ment of Energy in the Biomass Research and products, and funds bioeconomy devel- Sec. 401. Federal procurement. Development Initiative, the Department of Agriculture has also made valuable contribu- opment associations and Land Grant Sec. 402. Capitol Complex procurement. Sec. 403. Education . tions, through grant-making and other ini- institutions to support the growth of Sec. 404. Regulations. tiatives, to the support of biomass research regional bioeconomies. and development at institutions throughout The legislation calls on Congress to TITLE V—BIOECONOMY GRANTS AND TAX INCENTIVES the United States; create tax incentives to encourage in- (13) the Government Accountability Office vestment in production of biobased Sec. 501. Small business bioproduct mar- has found that— keting and certification grants. (A) actions to implement the requirements fuels and products, and it provides for Sec. 502. Regional bioeconomy development of the Farm Security and Rural Investment education and outreach to promote grants. Act of 2002 (Public Law 107–171; 116 Stat. 134) producer investment in processing fa- Sec. 503. Preprocessing and harvesting dem- for purchasing biobased products have been onstration grants. cilities and to heighten consumer limited; and Sec. 504. Sense of the Senate. awareness of biobased fuels and prod- (B) greater priority by the Department of ucts. TITLE VI—OTHER PROVISIONS Agriculture would promote compliance by Together, these measures will send a Sec. 601. Education and outreach. other agencies with biobased purchasing re- strong signal to innovators, investors Sec. 602. Reports. quirements;

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(14) an Assistant Secretary of the Depart- ‘‘(2) BIOBASED FUEL.—The term ‘biobased (1) in subsections (a) and (c), by striking ment of Agriculture for Energy and Biobased fuel’ means any transportation fuel produced ‘‘industrial products’’ each place it appears Products would provide the priority, staff, from biomass. and inserting ‘‘fuels and biobased products’’; and financial resources to fully implement ‘‘(3) BIOBASED PRODUCT.—The term (2) in subsection (b)— biobased purchasing requirements and other ‘biobased product’ means a commercial or (A) in paragraph (1), by striking provisions of the energy title of the Farm industrial product (including chemicals, ma- ‘‘304(d)(1)(B)’’ and inserting ‘‘304(b)(1)(B)’’; Security and Rural Investment Act of 2002; terials, polymers, and animal feed) produced and (15) Federal government contractors and from biomass, or electric power derived in (B) in paragraph (2), by striking the Architect of the Capitol are currently ex- connection with the conversion of biomass to ‘‘304(d)(1)(A)’’ and inserting ‘‘304(b)(1)(A)’’; empt from biobased purchasing requirements fuel. and of the Farm Security and Rural Investment ‘‘(4) BIOMASS.— (3) in subsection (c)— Act of 2002; ‘‘(A) IN GENERAL.—The term ‘biomass’ (A) in paragraph (1)(B), by striking ‘‘and’’ (16) expansion of those biobased purchasing means— at the end; requirements— ‘‘(i) organic material from a plant, includ- (B) in paragraph (2), by striking the period (A) to Federal contractors would signifi- ing grasses and trees, that is planted for the at the end and inserting a semicolon; and cantly expand the market for, and advance purpose of being used to produce energy, in- (C) by adding at the end the following: commercialization of, biobased products; and cluding vegetation produced for harvest on ‘‘(3) ensure that— (B) to the Architect of the Capitol would, land enrolled in the conservation reserve ‘‘(A) solicitations are open and competitive in combination with a program of public edu- program established under subchapter B of with awards made annually; and cation, allow the Capitol Complex to serve as chapter 1 of subtitle D of title XII of the ‘‘(B) objectives and evaluation criteria of a showcase for the existence, use, and bene- Food Security Act of 1985 (16 U.S.C. 3831 et the solicitations are clearly stated and mini- fits of biobased products; seq.) if the harvest is consistent with the in- mally prescriptive, with no areas of special (17) fuel derived from cellulosic biomass tegrity of soil and water resources and with interest; and could have near-zero net carbon dioxide and other environmental purposes of the con- ‘‘(4) ensure that the panel of scientific and sulfur emissions, and substantially reduced servation reserve program; technical peers assembled under section carbon monoxide, particulate and toxic ‘‘(ii) nonhazardous, lignocellulosic, or 307(c)(2)(C) to review proposals is composed emissions relative to petroleum-based fuels; hemicellulosic matter derived from— predominantly of independent experts se- (18) the bipartisan National Commission on ‘‘(I) the following forest-related resources: lected from outside the Departments of Agri- Energy Policy has predicted that with a ‘‘(aa) pre-commercial thinnings; culture and Energy.’’. dedicated Federal research, development, ‘‘(bb) slash; and SEC. 104. BIOMASS RESEARCH AND DEVELOP- and demonstration effort, cellulosic ethanol ‘‘(cc) brush; MENT TECHNICAL ADVISORY COM- MITTEE. could be less expensive to produce than gaso- ‘‘(II) an agricultural crop, crop byproduct, Section 306 of the Biomass Research and line by 2015; or agricultural crop residue, including vege- Development Act of 2000 (Public Law 106–224; (19) the 2004 report of the Rocky Mountain tation produced for harvest on land enrolled 7 U.S.C. 8101 note) is amended— Institute, entitled ‘‘Winning the Oil in the conservation reserve program estab- (1) in subsection (b)(1)— Endgame’’, estimated that a mature biomass lished under subchapter B of chapter 1 of (A) in subparagraph (A), by striking industry would create up to 1,045,000 jobs; subtitle D of title XII of the Food Security ‘‘biobased industrial products’’ and inserting (20) the National Academy of Sciences has Act of 1985 (16 U.S.C. 3831 et seq.) if the har- ‘‘biofuels’’; found that there are significant opportuni- vest is consistent with the integrity of soil (B) by redesignating subparagraphs (B) ties to produce biomass ethanol more effi- and water resources and with other environ- through (J) as subparagraphs (C) through ciently; mental purposes of the conservation reserve (K), respectively; (21) the National Commission on Energy program; or (C) by inserting after subparagraph (A) the Policy has found that current Federal pro- ‘‘(III) miscellaneous waste, including land- following: grams directed toward reducing the cost of scape or right-of-way tree trimmings; and ‘‘(B) an individual affiliated with the biofuels are under-funded, intermittent, ‘‘(iii) agricultural animal waste. biobased industrial and commercial products scattered, and poorly targeted; ‘‘(B) EXCLUSION.—The term ‘biomass’ does industry;’’; (22) a report commissioned by the Depart- not include— (D) in subparagraph (F) (as redesignated by ment of Defense urged the United States to ‘‘(i) unsegregated municipal solid waste; subparagraph (B)) by striking ‘‘an indi- invest in a new large-scale initiative to ‘‘(ii) incineration of municipal solid waste; vidual’’ and inserting ‘‘2 individuals’’; produce biofuels as an alternative supply ‘‘(iii) recyclable post-consumer waste (E) in subparagraphs (C), (D), (G), and (I) source, and as a feedstock for future fuel ve- paper and paper products; (as redesignated by subparagraph (B)) by hicles; ‘‘(iv) painted, treated, or pressurized wood; striking ‘‘industrial products’’ each place it (23) the Consumer Federation of America ‘‘(v) wood contaminated with plastic or appears and inserting ‘‘fuels and biobased has found that the blending of ethanol into metals; or products’’; and conventional gasoline can significantly ben- ‘‘(vi) tires.’’; and (F) in subparagraph (H) (as redesignated by efit consumers by lowering prices at the (4) by inserting after paragraph (5) (as re- subparagraph (B)), by inserting ‘‘and envi- pump; designated by paragraph (2)): ronmental’’ before ‘‘analysis’’; (24) 45 leading national security, labor, and ‘‘(6) DEMONSTRATION.—The term ‘dem- (2) in subsection (c)(2)— energy policy experts joined the Energy Fu- onstration’ means demonstration of tech- (A) in subparagraph (A), by striking ture Coalition in supporting a national com- nology in a pilot plant or semi-works scale ‘‘goals’’ and inserting ‘‘objectives, purposes, mitment to cut the oil use of the United facility.’’. and considerations’’; States by 25 percent by 2025 through the SEC. 102. COOPERATION AND COORDINATION IN (B) by redesignating subparagraphs (B) and rapid development and deployment of ad- BIOMASS RESEARCH AND DEVELOP- (C) as subparagraphs (C) and (D), respec- vanced biomass, alcohol, and other available MENT. tively; petroleum fuel alternatives; and Section 304 of the Biomass Research and (C) by inserting after subparagraph (A) the (25) an aggressive effort to advance tech- Development Act of 2000 (Public Law 106–224; following: nology for conversion of biomass to fuel and 7 U.S.C. 8101 note) is amended— ‘‘(B) solicitations are open and competitive products is warranted. (1) in subsections (a) and (d), by striking with awards made annually and that objec- SEC. 3. DEFINITIONS. ‘‘industrial products’’ each place it appears tives and evaluation criteria of the solicita- In this Act: and inserting ‘‘fuels and biobased products’’; tions are clearly stated and minimally pre- (1) DEPARTMENT.—The term ‘‘Department’’ (2) by striking subsections (b) and (c); scriptive, with no areas of special interest;’’; means the Department of Agriculture. (3) by redesignating subsection (d) as sub- and (2) SECRETARY.—The term ‘‘Secretary’’ section (b); and (D) in subparagraph (C) (as redesignated by means the Secretary of Agriculture. (4) in subsection (b)(1)(A) (as redesignated subparagraph (B)) by inserting ‘‘predomi- by paragraph (3)), by striking ‘‘an officer of nantly from outside the Departments of Ag- TITLE I—BIOMASS RESEARCH AND the Department of Agriculture appointed by DEVELOPMENT riculture and Energy’’ after ‘‘technical the President to a position in the Depart- peers’’. SEC. 101. DEFINITIONS. ment before the date of the designated, by SEC. 105. BIOMASS RESEARCH AND DEVELOP- Section 303 of the Biomass Research and and with the advice and consent of the Sen- MENT INITIATIVE. Development Act of 2000 (Public Law 106–224; ate’’ and inserting: ‘‘the Assistant Secretary Section 307 of the Biomass Research and 7 U.S.C. 8101 note) is amended— of Agriculture for Energy and Biobased Prod- Development Act of 2000 (Public Law 106–224; (1) by striking paragraphs (2), (3), and (9); ucts’’. 7 U.S.C. 8101 note) is amended— (2) by redesignating paragraphs (4), (5), (6), SEC. 103. BIOMASS RESEARCH AND DEVELOP- (1) in subsection (a), by striking ‘‘research (7), and (8) as paragraphs (5), (7), (8), (9), and MENT BOARD. on biobased industrial products’’ and insert- (10) respectively; Section 305 of the Biomass Research and ing ‘‘research on, and development and dem- (3) by inserting after paragraph (1) the fol- Development Act of 2000 (Public Law 106–224; onstration of, biobased fuels and biobased lowing: 7 U.S.C. 8101 note) is amended— products, and the methods, practices and

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United States; and ‘‘(B) REPORT.—Not later than 2 years after ‘‘(2) to create jobs and enhance the eco- ‘‘(3) to assess the potential of Federal land the date of enactment of this paragraph, and nomic development of the rural economy; and land management programs as feedstock every 2 years thereafter, the Administrator ‘‘(3) to enhance the environment and public resources for biobased fuels and biobased of the Cooperative State Research, Edu- health; and products, consistent with the integrity of cation, and Extension Service and the Chief ‘‘(4) to diversify markets for raw agricul- soil and water resources and with other envi- of the Natural Resources Conservation Serv- tural and forestry products. ronmental considerations. ‘‘(e) TECHNICAL AREAS.—To advance the ob- ice shall submit to the committees of Con- jectives and purposes of the Initiative, the ‘‘(g) ELIGIBLE ENTITIES.—To be eligible for gress with jurisdiction over the Initiative a Secretary of Agriculture and the Secretary a grant, contract, or assistance under this report describing the activities conducted by of Energy, in consultation with the Adminis- section, an applicant shall be— the services under this subsection.’’. ‘‘(1) an institution of higher education; trator of the Environmental Protection SEC. 106. REPORTS. Agency and heads of other appropriate de- ‘‘(2) a national laboratory; partments and agencies (referred to in this ‘‘(3) a Federal research agency; Section 309 of the Biomass Research and section as the ‘Secretaries’), shall direct re- ‘‘(4) a State research agency; Development Act of 2000 (Public Law 106–224; search and development toward— ‘‘(5) a private sector entity; 7 U.S.C. 8101 note) is amended— ‘‘(1) feedstock production through the de- ‘‘(6) a nonprofit organization; or (1) in subsection (a)— velopment of crops and cropping systems rel- ‘‘(7) a consortium of 2 of more entities de- (A) in paragraph (2), by striking ‘‘indus- evant to production of raw materials for con- scribed in paragraphs (1) through (6). trial product’’ and inserting ‘‘fuels and version to biobased fuels and biobased prod- ‘‘(h) ADMINISTRATION.— biobased products’’; and ucts, including— ‘‘(1) IN GENERAL.—After consultation with (B) in paragraph (3), by striking ‘‘indus- ‘‘(A) development of advanced and dedi- the Board, the points of contact shall— trial products’’ each place it appears and in- cated crops with desired features, including ‘‘(A) publish annually 1 or more joint re- serting ‘‘fuels and biobased products’’; enhanced productivity, broader site range, quests for proposals for grants, contracts, (2) by redesignating subsection (b) as sub- low requirements for chemical inputs, and and assistance under this section; section (c); enhanced processing; ‘‘(B) establish a priority in grants, con- (3) by inserting after subsection (a) the fol- ‘‘(B) advanced crop production methods to tracts, and assistance under this section for lowing: achieve the features described in subpara- research that advances the objectives, pur- ‘‘(b) ASSESSMENT REPORT AND STRATEGIC graph (A); poses, and additional considerations of this PLAN.—Not later than 1 year after the date ‘‘(C) feedstock harvest, handling, trans- title; of enactment of the National Security and port, and storage; and ‘‘(C) require that grants, contracts, and as- Bioenergy Investment Act of 2005, the Sec- ‘‘(D) strategies for integrating feedstock sistance under this section be awarded com- retary and the Secretary of Energy shall production into existing managed land; petitively, on the basis of merit, after the es- jointly submit to Congress a report that— ‘‘(2) overcoming recalcitrance of cellulosic tablishment of procedures that provide for ‘‘(1) describes the status and progress of biomass through developing technologies for scientific peer review by an independent current research and development efforts in converting cellulosic biomass into inter- panel of scientific and technical peers; and both the Federal Government and private mediates that can subsequently be converted ‘‘(D) give some preference to applications sector in achieving the objectives, purposes, into biobased fuels and biobased products, in- that— and considerations of this title, specifically cluding— ‘‘(i) involve a consortia of experts from addressing each of the technical areas identi- ‘‘(A) pretreatment in combination with en- multiple institutions; fied in section 307(e); zymatic or microbial hydrolysis; and ‘‘(ii) encourage the integration of dis- ‘‘(2) describes the actions taken to imple- ‘‘(B) thermochemical approaches, includ- ciplines and application of the best technical ment the improvements directed by this ing gasification and pyrolysis; resources; and title; and ‘‘(3) product diversification through tech- ‘‘(iii) increase the geographic diversity of ‘‘(3) outlines a strategic plan for achieving nologies relevant to production of a range of demonstration projects. the objectives, purposes, and considerations biobased products (including chemicals, ani- ‘‘(2) DISTRIBUTION OF FUNDING BY TECHNICAL of this title.’’; and mal feeds, and cogenerated power) that even- AREA.—Of the funds authorized to be appro- (4) in subsection (c) (as redesignated by tually can increase the feasibility of fuel priated for activities described in this sec- paragraph (2))— production in a biorefinery, including— tion— (A) in paragraph (1)—

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(i) in subparagraph (A), by striking ‘‘pur- drogen at regional rural cooperatives, or at (A) IN GENERAL.—On initiation of the first poses described in section 307(b)’’ and insert- businesses owned by farmers, close to agri- reverse auction, and each year thereafter ing ‘‘objectives, purposes, and additional cultural operations to minimize the cost of until the earlier of the first year of annual considerations described in subsections (c) biomass transportation to large central gas- production in the United States of through (f) of section 307’’; ification plants; 1,000,000,000 gallons of cellulosic biofuels, as (ii) in subparagraph (B), by striking ‘‘and’’ (2) demonstrate low-cost electrical genera- determined by the Secretary, or 10 years at the end; tion at such rural cooperatives or farmer- after the date of enactment of this Act, the (iii) by redesignating subparagraph (C) as owned businesses, using renewable hydrogen Secretary shall conduct a reverse auction at subparagraph (D); and derived from biomass in either fuel cell gen- which— (iv) by inserting after subparagraph (B) the erators, or, as an interim cost reduction op- (i) the Secretary shall solicit bids from eli- following: tion, in conventional internal combustion gible entities; ‘‘(C) achieves the distribution of funds de- engine gensets; (ii) eligible entities shall submit— scribed in paragraphs (2) and (3) of section (3) determine the economic return to co- (I) a desired level of production incentive 307(h); and’’; and operatives or other businesses owned by on a per gallon basis; and (B) in paragraph (2), by striking ‘‘indus- farmers of producing hydrogen from biomass (II) an estimated annual production trial products’’ and inserting ‘‘fuels and and selling electricity compared to agricul- amount in gallons; and biobased products’’. tural economic returns from producing and (iii) the Secretary shall issue awards for SEC. 107. FUNDING. selling conventional crops alone; the production amount submitted, beginning (a) FUNDING.—Section 310(a)(2) of the Bio- (4) evaluate the crop yield and long-term with the eligible entity submitting the bid mass Research and Development Act of 2000 soil sustainability of growing and harvesting for the lowest level of production incentive (Public Law 106–224; 7 U.S.C. 8101 note) is of feedstocks for biomass gasification, and on a per gallon basis, until the amount of amended by striking ‘‘$14,000,000 for each of (5) demonstrate the use of a portion of the funds available for the reverse auction is fiscal years 2003 through 2007’’ and inserting biomass-derived hydrogen in various agricul- committed. ‘‘$200,000,000 for each of fiscal years 2006 tural vehicles to reduce— (B) AMOUNT OF INCENTIVE RECEIVED.—An el- through 2010’’. (A) dependence on imported fossil fuel; and igible entity selected by the Secretary (b) AUTHORIZATION OF APPROPRIATIONS.— (B) environmental impacts. through a reverse auction shall receive the Section 310(b) of the Biomass Research and (d) AUTHORIZATION FOR APPROPRIATIONS.— amount of performance incentive requested Development Act of 2000 (Public Law 106–224; There is authorized to be appropriated to in the auction for each gallon produced and 7 U.S.C. 8101 note) is amended by striking carry out this section $5,000,000 for each of sold by the entity during the first 6 years of ‘‘title $54,000,000 for each of fiscal years 2002 fiscal years 2006 through 2010. operation. through 2007’’ and inserting‘‘title $200,000,000 TITLE II—PRODUCTION INCENTIVES for fiscal year 2011 and each fiscal year (d) LIMITATIONS.—Awards under this sec- thereafter’’. SEC. 201. PRODUCTION INCENTIVES. tion shall be limited to— (1) a per gallon amount determined by the SEC. 108. TERMINATION OF AUTHORITY. (a) PURPOSE.—The purpose of this section The Biomass Research and Development is to— Secretary during the first 4 years of the pro- Act of 2000 (Public Law 106–224; 7 U.S.C. 8101 (1) accelerate deployment and commer- gram; note) is amended by striking section 311. cialization of biofuels; (2) a declining per gallon cap over the remaining lifetime of the program, to be estab- SEC. 109. BIOMASS-DERIVED HYDROGEN. (2) deliver the first 1,000,000,000 gallons of lished by the Secretary so that cellulosic (a) IN GENERAL.—The Secretary shall con- cellulosic biofuels by 2015; duct a research, development, and dem- (3) ensure biofuels produced after 2015 are biofuels produced after the first year of an- onstration program focused on the economic cost competitive with gasoline and diesel; nual cellulosic biofuels production in the production and use of hydrogen from and United States in excess of 1,000,000,000 gal- biofuels, with emphasis on the rural trans- (4) ensure that small feedstock producers lons are cost competitive with gasoline and portation and rural electrical generation and rural small businesses are full partici- diesel; sectors. pants in the development of the cellulosic (3) not more than 25 percent of the funds (b) TRANSPORTATION SECTOR OBJECTIVES.— biofuels industry. committed within each reverse auction to The objectives of the program in the trans- (b) DEFINITIONS.—In this section: any 1 project; portation sector shall be to— (1) CELLULOSIC BIOFUELS.—The term ‘‘cellu- (4) not more than $100,000,000 in any 1 year; (1) conduct research, and to develop and losic biofuels’’ means any fuel that is pro- and test processes and equipment, to produce duced from cellulosic feedstocks. (5) not more than $1,000,000,000 over the low-cost liquid biobased fuels that can be (2) ELIGIBLE ENTITY.—The term ‘‘eligible lifetime of the program. transported to distant fueling stations for entity’’ means a producer of fuel from cellu- (e) PRIORITY.—In selecting a project under the production of hydrogen or for direct use losic biofuels the production facility of the program, the Secretary shall give pri- in conventional internal combustion engine which— ority to projects that— vehicles; (A) is located in the United States; (1) demonstrate outstanding potential for (2) demonstrate the cost-effective produc- (B) meets all applicable Federal and State local and regional economic development; tion of hydrogen from liquid biobased fuels permitting requirements; (2) include agricultural producers or co- at the local fueling station, to eliminate the (C) is to begin production of cellulosic operatives of agricultural producers as eq- costs of transporting hydrogen long dis- biofuels not later than 3 years after the date uity partners in the ventures; and tances or building hydrogen pipeline net- of the reverse auction in which the producer (3) have a strategic agreement in place to works; participates; and fairly reward feedstock suppliers. (3) demonstrate the use of hydrogen de- (D) meets any financial criteria estab- (f) FUNDING.— rived from liquid biobased fuels in fuel cell lished by the Secretary. (1) IN GENERAL.—The Secretary shall use to (c) PROGRAM.— vehicles, or, as an interim cost-reduction op- carry out this title $250,000,000 of funds of the tion, in internal combustion engine hybrid (1) ESTABLISHMENT.—The Secretary, in consultation with the Secretary of Energy, Commodity Credit Corporation, to remain electric vehicles, to demonstrate sustainable available until expended. transportation with significantly reduced the Secretary of Defense, and the Adminis- trator of the Environmental Protection (2) AUTHORIZATIONS OF APPROPRIATIONS.—In local air pollution, greenhouse gas emis- addition to amounts made available under sions, and dependence on imported fossil Agency, shall establish an incentive program for the production of cellulosic biofuels. paragraph (1), there are authorized to be ap- fuels; propriated such sums as are necessary to (2) BASIS OF INCENTIVES.—Under the pro- (4) evaluate the economic return to agri- carry out this section. cultural producers producing feedstocks for gram, the Secretary shall award production liquid biobased fuels compared to agricul- incentives on a per gallon basis of cellulosic TITLE III—ASSISTANT SECRETARY OF AG- tural producer returns as of the date of en- biofuels from eligible entities, through— RICULTURE FOR ENERGY AND actment of this Act; (A) set payments per gallon of cellulosic BIOBASED PRODUCTS (5) evaluate the crop yield and long-term biofuels produced in an amount determined by the Secretary, until initiation of the first SEC. 301. ASSISTANT SECRETARY OF AGRI- soil sustainability of growing and harvesting CULTURE FOR ENERGY AND feedstocks for liquid biobased fuels; and reverse auction; and BIOBASED PRODUCTS. (6) evaluate the fuel costs to fuel cell car (B) reverse auction thereafter. owners (or hybrid electric car owners run- (3) FIRST REVERSE AUCTION.—The first re- (a) ESTABLISHMENT.—Not later than 1 year ning on hydrogen) per mile driven compared verse auction shall be held on the earlier of— after the date of enactment of this Act, the to burning gasoline in conventional vehicles. (A) not later than 1 year after the first Secretary shall establish in the Department (c) ELECTRICAL GENERATION SECTOR OBJEC- year of annual production in the United a position of Assistant Secretary of Agri- TIVES.—The objectives of the program in the States of 100,000,000 gallons of cellulosic culture for Energy and Biobased Products rural electrical generation sector shall be biofuels, as determined by the Secretary; or (referred to in this section as the ‘‘Assistant to— (B) not later than 3 years after the date of Secretary’’). (1) design, develop, and test low-cost gasifi- enactment of this Act. (b) RESPONSIBILITIES.—The Assistant Sec- cation equipment to convert biomass to hy- (4) REVERSE AUCTION PROCEDURE.— retary shall be responsible for—

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(1) the energy programs established under (2) to provide access to further information (d) MATCHING FUNDS.— title IX of the Farm Security and Rural In- on biobased products to occupants and visi- (1) IN GENERAL.—Grant recipients shall pro- vestment Act of 2002 (7 U.S.C. 8101 et seq.); tors. vide matching non-Federal funds equal to and SEC. 404. REGULATIONS. the amount of the grant received. (2) all other programs and initiatives that Requirements issued under the amendment (2) EXPENDITURE.—Matching funds shall be the Secretary considers appropriate. made by section 402 shall be made in accord- expended in advance of grant funding, so (c) CONFIRMATION REQUIREMENT.—The As- ance with regulations issued by the Com- that for every dollar of grant that is ad- sistant Secretary shall be appointed by the mittee on Rules and Administration of the vanced, an equal amount of matching funds President, by and with the advice and con- Senate and the Committee on House Admin- shall have been funded prior to submitting sent of the Senate. istration of the House of Representatives. the request for reimbursement. (d) PERSONNEL.—The Secretary, acting (e) ADMINISTRATION.—The Secretary shall through the Assistant Secretary, may trans- TITLE V—BIOECONOMY GRANTS AND TAX INCENTIVES establish such administrative requirements fer or assign work to personnel, or assign for grants under this section, including re- staff hours, on a permanent or a part-time SEC. 501. SMALL BUSINESS BIOPRODUCT MAR- quirements for applications for the grants, KETING AND CERTIFICATION basis, as needed, to the Office of the Assist- as the Secretary considers appropriate. ant Secretary to carry out the functions and GRANTS. (f) AMOUNT.—A grant made under this sec- duties of the office. (a) IN GENERAL.—Using amounts made tion shall not exceed $500,000. (e) BUDGET.—The Secretary shall establish available under subsection (g), the Secretary a budget for the office of the Assistant Sec- shall make available on a competitive basis (g) AUTHORIZATIONS OF APPROPRIATIONS.— retary. grants to eligible entities described in sub- There are authorized to be appropriated to make grants under this section— TITLE IV—PROCUREMENT OF BIOBASED section (b) for the biobased product mar- (1) $1,000,000 for fiscal year 2006; and PRODUCTS keting and certification purposes described in subsection (c). (2) such sums as are necessary for fiscal SEC. 401. FEDERAL PROCUREMENT. year 2007 and each subsequent fiscal year. (a) DEFINITION OF PROCURING AGENCY.—Sec- (b) ELIGIBLE ENTITIES.—An entity eligible tion 9001 of the Farm Security and Rural In- for a grant under this section is any manu- SEC. 503. PREPROCESSING AND HARVESTING DEMONSTRATION GRANTS. vestment Act of 2002 (7 U.S.C. 8101) is amend- facturer of biobased products that— ed— (1) has fewer than 50 employees; (a) IN GENERAL.—The Secretary shall make (1) by redesignating paragraphs (4), (5), and (2) proposes to use the grant for the grants available on a competitive basis to (6) as paragraphs (5), (6), and (7), respec- biobased product marketing and certifi- enterprises owned by agricultural producers, tively; and cation purposes described in subsection (c); for the purposes of demonstrating cost-effec- (2) by inserting after paragraph (3) the fol- and tive, cellulosic biomass innovations in— lowing: (3) has not previously received a grant (1) preprocessing of feedstocks, including cleaning, separating and sorting, mixing or ‘‘(4) PROCURING AGENCY.—The term ‘pro- under this section. curing agency’ means— (c) BIOBASED PRODUCT MARKETING AND CER- blending, and chemical or biochemical treat- ‘‘(A) any Federal agency that is using Fed- TIFICATION GRANT PURPOSES.—A grant made ments, to add value and lower the cost of eral funds for procurement; or under this section shall be used— feedstock processing at a biorefinery; or ‘‘(B) any person contracting with any Fed- (1) to plan activities and working capital (2) 1-pass or other efficient, multiple crop eral agency with respect to work performed for marketing of biobased products; and harvesting techniques. under the contract.’’. (2) to provide private sector cost sharing (b) LIMITATIONS ON GRANTS.— (b) PROCUREMENT.—Section 9002 of the for the certification of biobased products. (1) NUMBER OF GRANTS.—Not more than 5 Farm Security and Rural Investment Act of (d) MATCHING FUNDS.— demonstration projects per fiscal year shall 2002 (7 U.S.C. 8102) is amended— (1) IN GENERAL.—Grant recipients shall pro- be funded under this section. (1) by striking ‘‘Federal agency’’ each vide matching non-Federal funds equal to (2) NON-FEDERAL COST SHARE.—The non- place it appears (other than in subsections (f) the amount of the grant received. Federal cost share of a project under this and (g)) and inserting ‘‘procuring agency’’; (2) EXPENDITURE.—Matching funds shall be section shall be not less than 20 percent, as (2) in subsection (c)(2)— expended in advance of grant funding, so determined by the Secretary. (A) by striking ‘‘(2)’’ and all that follows that for every dollar of grant that is ad- (c) CONDITION OF GRANT.—To be eligible for through ‘‘Notwithstanding’’ and inserting vanced, an equal amount of matching funds a grant for a project under this section, a re- the following: shall have been funded prior to submitting cipient of a grant or a participating entity ‘‘(2) FLEXIBILITY.—Notwithstanding’’; the request for reimbursement. shall agree to use the material harvested (B) by striking ‘‘an agency’’ and inserting (e) AMOUNT.—A grant made under this sec- under the project— ‘‘a procuring agency’’; and tion shall not exceed $100,000. (1) to produce ethanol; or (C) by striking ‘‘the agency’’ and inserting (f) ADMINISTRATION.—The Secretary shall (2) for another energy purpose, such as the ‘‘the procuring agency’’; establish such administrative requirements generation of heat or electricity. (3) in subsection (d), by striking ‘‘procured for grants under this section, including re- (d) AUTHORIZATION FOR APPROPRIATIONS.— by Federal agencies’’ and inserting ‘‘pro- quirements for applications for the grants, There is authorized to be appropriated to cured by procuring agencies’’; and as the Secretary considers appropriate. carry out this section $5,000,000 for each of (4) in subsection (f), by striking ‘‘Federal (g) AUTHORIZATIONS OF APPROPRIATIONS.— fiscal years 2006 through 2010. agencies’’ and inserting ‘‘procuring agen- There are authorized to be appropriated to SEC. 504. SENSE OF THE SENATE. cies’’ . make grants under this section— It is the sense of the Senate that Congress SEC. 402. CAPITOL COMPLEX PROCUREMENT. (1) $1,000,000 for fiscal year 2006; and should amend the Federal tax code to en- Section 9002 of the Farm Security and (2) such sums as are necessary for fiscal courage investment in, and production and Rural Investment Act of 2002 (7 U.S.C. 8102) year 2007 and each subsequent fiscal year. use of, biobased fuels and biobased products (as amended by section 401(b)) is amended— SEC. 502. REGIONAL BIOECONOMY DEVELOP- through— (1) by redesignating subsection (j) as sub- MENT GRANTS. (1) an investment tax credit for the con- section (k); and (a) IN GENERAL.—Using amounts made struction or modification of facilities for the (2) by inserting after subsection (i) the fol- available under subsection (g), the Secretary production of fuels from cellulose biomass, lowing: shall make available on a competitive basis to drive private capital towards new bio- ‘‘(j) INCLUSION.—Not later than 90 days grants to eligible entities described in sub- refinery projects in a manner that allows after the date of enactment of the National section (b) for the purposes described in sub- participation by smaller farms and coopera- Security and Bioenergy Investment Act of section (c). tives; and 2005, the Architect of the Capitol, the Ser- (b) ELIGIBLE ENTITIES.—An entity eligible (2) an investment tax credit to small man- geant of Arms of the Senate, and the Chief for a grant under this section is any regional ufacturers of biobased products to lower the Administrative Officer of the House of Rep- bioeconomy development association, agri- capital costs of starting and maintaining a resentatives shall issue regulations that cultural or energy trade association, or Land biobased business. apply the requirements of this section to Grant institution that— TITLE VI—OTHER PROVISIONS procurement for the Capitol Complex.’’. (1) proposes to use the grant for the pur- SEC. 403. EDUCATION . poses described in subsection (c); and SEC. 601. EDUCATION AND OUTREACH. (a) IN GENERAL.—The Architect of the Cap- (2) has not previously received a grant (a) IN GENERAL.—The Secretary shall es- itol shall establish in the Capitol Complex a under this section. tablish, within the Department or through program of public education regarding use by (c) REGIONAL BIOECONOMY DEVELOPMENT an independent contracting entity, a pro- the Architect of the Capitol of biobased prod- ASSOCIATION GRANT PURPOSES.—A grant gram of education and outreach on biobased ucts. made under this section shall be used to sup- fuels and biobased products consisting of— (b) PURPOSES.—The purposes of the pro- port and promote the growth and develop- (1) training and technical assistance program shall be— ment of the bioeconomy within the region grams for feedstock producers to promote (1) to establish the Capitol Complex as a served by the eligible entity, through coordi- producer ownership, investment, and partici- showcase for the existence and benefits of nation, education, outreach, and other en- pation in the operation of processing facili- biobased products; and deavors by the eligible entity. ties; and

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(2) public education and outreach to famil- products that will encourage the develop- KATHLEEN SEBELIUS, iarize consumers with the biobased fuels and ment of new markets for corn and soybeans Vice Chair, Governor biobased products. and ultimately help to revitalize rural of Kansas. (b) AUTHORIZATION OF APPROPRIATIONS.— economies and the agriculture industry as a There is authorized to be appropriated to whole. We have been avid supporters of the ENERGY FUTURESM COALITION, carry out this title $1,000,000 for each of fis- biobased products industry, and we look for- Washington, DC, June 8, 2005. cal years 2006 through 2010. ward to working with you as you continue to Hon. TOM HARKIN, SEC. 602. REPORTS. provide vision and direction for this emerg- Hon. RICHARD G. LUGAR, (a) PROGRESS REPORT.—Not later than 1 ing industry. U.S. Senate, year after the date of enactment of this Act, Sincerely, Washington, DC. the Secretary shall submit to the Committee LEON CORZINE, DEAR SENATORS HARKIN AND LUGAR: On be- on Agriculture of the House of Representa- President, National half of the Energy Future Coalition, I am tives and the Committee on Agriculture, Nu- Corn Growers Asso- writing to commend your leadership and vi- trition, and Forestry of the Senate a report ciation. sion in drafting the National Security and on progress in establishing the Office of the NEAL BREDEHOEFT, Bioenergy Investment Act of 2005. Assistant Secretary of Agriculture for En- President, American In our judgment, America’s growing de- ergy and Biobased Products under title I. Soybean Associa- pendence on foreign oil endangers our na- (b) BIOBASED PRODUCT POTENTIAL.—Not tion. tional and economic security. We believe the later than 1 year after the date of enactment BOB DINNEEN, Federal government should undertake a of this Act, the Secretary shall submit to the President, Renewable major new initiative to curtail U.S. oil con- Committee on Agriculture of the House of Fuels Association. sumption through improved efficiency and Representatives and the Committee on Agri- the rapid development and deployment of ad- culture, Nutrition, and Forestry of the Sen- GOVERNORS’ ETHANOL COALITION, vanced biomass, alcohol and other available ate a report that— Lincoln, NE, June 9, 2005. petroleum fuel alternatives. (1) describes the economic potential for the Hon. TOM HARKIN, With such a push, we believe domestic United States of the widespread production Hart Senate Office Building, biofuels can cut the nation’s oil use by 25 and use of commercial and industrial Washington, DC. percent by 2025, and substantial further re- biobased products through calendar year Hon. BARACK OBAMA, ductions are possible through efficiency 2025; and Hart Senate Office Building, gains from advanced technologies. That is an (2) as the maximum extent practicable, Washington, DC. ambitious goal, but it is also an extraor- identifies the economic potential by product Hon. RICHARD LUGAR, dinary opportunity for American leadership, area. Hart Senate Office Building, innovation, job creation, and economic (c) ANALYSIS OF ECONOMIC INDICATORS.— Washington, DC. growth. Not later than 2 years after the date of en- Hon. NORM COLEMAN, You took an important step forward by in- actment of this Act, and every 2 years there- Hart Senate Office Building, troducing S. 650, the Fuels Security Act, in- after, the Secretary shall submit to Congress Washington, DC. corporated into the Senate energy bill dur- an analysis of economic indicators of the DEAR SENATORS: On behalf of the thirty ing Committee markup. This legislation is biobased economy during the 2-year period members of the Governors’ Ethanol Coali- another important step, authorizing the ad- preceding the analysis. tion, we strongly support and endorse the ditional research and development and fed- National Security and Bioenergy Investment eral incentives needed to accelerate the JUNE 9, 2005. Act of 2005, as well as your efforts to expand adoption of biobased fuels and coproducts. HON. TOM HARKIN, development of other biofue1s and co-prod- We are pleased to support it. U.S. Senate, ucts. The Governors’ Ethanol Coalition is Sincerely, Washington, DC. pleased that this bill embodies the rec- REID DETCHON. HON. RICHARD LUGAR, ommendations developed by the Coalition in U.S. Senate, Ethanol From Biomass, America’s 21st Cen- BIOTECHNOLOGY INDUSTRY Washington, DC. tury Transportation Fuel. When signed into ORGANIZATION, Re the National Security and Bioenergy In- law, this act will catalyze needed research, Washington, DC, June 8, 2005. vestment Act of 2005. production, and use of biofue1s and bio-based Hon. TOM HARKIN, DEAR SENATORS HARKIN AND LUGAR: The products, thereby enhancing our economic, Ranking Democratic Member. National Corn Growers Association (NCGA), environmental, and national security. Hon. RICHARD LUGAR, the American Soybean Association (ASA), The Coalition believes that the nation’s de- Member, U.S. Senate Committee on Agriculture, and the Renewable Fuels Association are pendency on imported oil presents a huge Nutrition and Forestry, Russell Senate Of- writing to express our support for the Na- risk to this country’s future. The combina- fice Building, Washington, DC. tional Security and Bioenergy Investment tion of political tensions in major oi1-pro- DEAR SENATORS HARKIN AND LUGAR: The Act of 2005. In particular, we strongly sup- ducing nations with growing oil demand Biotechnology Industry Organization (BIO) port the increased procurement of biobased from China and India is seriously threat- Industrial and Environmental Section fully products by Federal agencies and all Federal ening our national security. Moreover, as we supports the National Security and Bio- government contractors. Biobased products import greater amounts of oil each year, we energy Investment Act of 2005. We greatly represent a large potential growth market are draining more and more of the wealth appreciate your vision and initiative to ex- for corn and soybean growers in areas such from our states. pand the Biomass Research and Development as plastics, solvents, packaging and other The key provisions contained in your bill Act and to create new incentives to produce consumer goods to provide markets for U.S.- bring focus and resources to biomass-derived biofuels and biobased products. grown crops. The biobased product industry ethanol research and commercialization ef- America’s growing dependence on foreign has already started to grow, bringing new forts. The result, over time, will be the re- energy is eroding our national security. We products to consumers, new markets to placement of significant amounts of im- must take steps to drastically increase pro- growers and new investments to our commu- ported oil with domestically produced fuels— duction of domestic energy. As an active par- nities. improving our rural economies, cleaning our ticipant in the Energy Future Coalition, BIO The procurement of biobased products pro- air, and contributing to our national secu- believes this country needs a major new ini- motes energy and environmental security. rity. Of particular importance is the bill’s tiative to more aggressively research, de- Products made from corn and soybeans could aim to broaden ethanol production to in- velop and deploy advanced biofuels tech- replace a variety of items currently pro- clude all regions of the nation so that many nologies. With sufficient government sup- duced from petroleum, and aid in reducing more states will reap the benefits of biofuels. port, we can meet up to 25% of our transpor- dependence on imported oil. Already the pro- Again, thank you for inclusion of the Coa- tation fuel needs by converting farm crops duction of ethanol and biodiesel reduces im- lition’s recommendations in this landmark and crop residues to transportation fuel. ports by more than 140 million barrels of oil. legislation. Please let us know how the Coa- The National Security and Bioenergy In- The production of biobased products gen- lition can help with the passage of this very vestment Act of 2005 will boost the use of in- erates less greenhouse gas than traditional important legislation. The continued expan- dustrial biotechnology to produce fuels and petroleum-based items. There are also tre- sion of ethanol production and use, particu- biobased products from renewable agricul- mendous opportunities for grower-owned larly biomass-derived fuels, and the accom- tural feedstocks. With the use of new biotech processing facilities and rural American and panying economic growth and environmental tools, we can now utilize millions of tons of agriculture as a whole. New jobs and invest- benefits for our states is essential to the na- crop residues, such as corn stover and wheat ments will be brought into rural commu- tion’s long-term economic vitality and na- straw, to produce sugars that can then be nities, as new processing and manufacturing tional security. converted to ethanol, chemicals and bio- facilities move into those communities to be Sincere1y, based plastics. These biotech tools can only near renewable feed stocks. TIM PAWLENTY, be rapidly deployed if federal policy makers NCGA, ASA and RFA applaud your contin- Chair, Governor of take steps to help our innovative companies ued efforts to promote the use of biobased Minnesota. get over the initial hurdles they face during

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Supply’’ notes that by the end of 2005 dent, Biotechnology It also will expand and prioritize the United there will be 59 300mm chip fabrication Industry Organiza- States Department of Agriculture’s leader- plants with only 16 of these located in tion. ship responsibilities to promote clean and the United States. The number of U.S. sustainable energy development, and it will plants has remained constant for the NATURAL RESOURCES DEFENSE COUNCIL, increase procurement of biobased products. past two years, so as the number of Washington, DC, June 7, 2005. By significantly expanding the develop- DEAR SENATORS HARKIN AND LUGAR: The ment and production of clean energy ‘‘cash Asian foundries has risen, the share of Natural Resources Defense Council strongly crops,’’ this legislation will improve our en- these advanced chip making facilities supports the National Security and Bio- vironmental quality, stimulate significant has declined from 30 to 20 percent. This energy Investment Act of 2005, which you in- rural economic development, and strengthen report also notes that capital expendi- troduced today. This important bill would our national energy security. ELPC also ap- tures in the U.S. chip industry has fall- expand and refine research, development, preciates that this legislation reflects your en from a high of 42 percent in 2001 to demonstration and deployment efforts for longstanding support for farm-based sustain- 33 percent in 2004. Conversely, Taiwan’s the production of energy from crops grown able energy programs. ELPC strongly sup- investment has increased from 15 per- by farmers here in America. The bill would ported your successful efforts to create the also expand and improve the Department of new Energy Title in the 2002 Farm Bill, cent in 2002 to 20 percent of the world’s Agriculture’s efforts to promote a biobased which established groundbreaking new fed- capital expenditure in chip facilities economy, federal bio-energy and bio-product eral incentives for renewable energy and en- and now leads Korea, Japan, and Eu- purchasing requirements, and federal edu- ergy efficiency, while renewing existing pro- rope. cational efforts. grams such as the Biomass Research and De- There is a good explanation as to The Research and Development (R&D) title velopment Act of 2000. why countries such as Taiwan are rap- of this bill continues your tradition of lead- The National Security and Bioenergy In- idly rising in the high-technology ership in this area by updating the Biomass vestment Act of 2005 is a natural com- world. Since 1984 Taiwan has made Research and Development Act of 2000, which plement to the 2002 Farm Bill Energy Title steady increases in their investments you also crafted. This title will not only ex- programs, and it will help to strengthen sup- tend the provisions of the original bill and port for the right bioenergy production pro- in the building of science based re- greatly increase the funding for these provi- grams in the 2007 Farm Bill. Accordingly, search parks. Hsinchu, their flagship sions, it will also refine the direction of this ELPC is pleased to support this legislation. science park, now has over 324 high funding. Taken together, these changes Very truly yours, technology companies, generating over maximize the impacts of R&D on the great- HOWARD A. LEARNER, $22 billion annually in gross revenues, est challenges facing cellulosic biofuels Executive Director. and employing a high technology work today. force exceeding 100,000. This science Your bill also creates extremely important INSTITUTE FOR LOCAL SELF-RELIANCE, production incentives for the first one bil- park is bounded by two universities Washington, DC, June 6, 2005. and contains six national laboratories. lion gallons of cellulosic biofuels. The pro- Hon. TOM HARKIN, duction incentives approach taken by the U.S. Senate, Taiwan is now building science parks bill—a combination of fixed incentives per Washington, DC. in the middle and south of the island to gallon at first, switching over to a reverse DEAR SENATOR TOM HARKIN: Congratula- concentrate on other fields such as auction—will maximize the development of tions on your bill, National Security and nanoscience, optoelectronics, and bio- cellulosic biofuels production while mini- Bioenergy Investment Act of 2005. It is a technology. These parks are the result mizing the cost to taxpayers. breakthrough piece of legislation. Your well- In addition, the bill creates an Assistant of a number of carefully crafted gov- conceived bill, combining needed executive ernment policies and incentives deal- Secretary of Agriculture for Energy and branch changes, welcome increases in re- Biobased Products. Coupled with the bill’s search and development funding and innova- ing with taxes, real estate, and funda- development grants, tax incentives, biobased tive commercialization techniques, can move mental research. In the area of tech- product procurement provisions, and edu- the use of plants as a fuel and industrial ma- nology transfer, the Taiwan govern- cational program, the bill would make a terial from the margins of the economy to ment helped set up the world famous huge contribution to developing a sustain- the mainstream. I urge everyone with an in- Industrial Technology Research Insti- able biobased economy, reducing our oil de- terest in our environmental, agricultural tute (ITRI) which has over 5,000 sci- pendence and improving our national secu- and economic future to support this bill. rity. entists working to spin out laboratory Sincerely, ideas across the ‘‘valley of death’’ into The technologies advanced by this bill will DAVID MORRIS, undoubtedly make important contributions Vice President. new industries. Remarkably, the two to reducing our global warming pollution chip foundry companies which now and the air and water pollution that comes By Mr. BINGAMAN: control 70 percent of the world’s found- from our dependence on fossil fuels. We are S. 1211. A bill to establish an Office of ry market were launched from ITRI. As concerned, however, that the eligibility pro- Foreign Science and Technology As- a result of this rapid economic growth, visions for forest biomass do not exclude sensitive areas that need protecting, including sessment to enable the United States Taiwan’s technical universities are roadless areas, old growth forests, and other to effectively analyze trends in foreign now world class with their own excel- endangered forests, and do not restrict eligi- science and technology, and for other lent graduate programs. The reason bility to renewable sources or prohibit pos- purposes; to the Committee on foreign they are side-by-side with these large sible conversion of native forests to planta- Relations. science parks is to supply a steady tions. We know that you do not want to see Mr. BINGAMAN. Mr. President—I stream of talented researchers. this admirable legislation applied in ways rise today to introduce a bill that Recently, our National Academy of that exploit these features, and will be happy would establish a capability within the Sciences noted in its report, ‘‘Inter- to work with you in the future to take any national Graduate Students and steps needed if abuses arise. State Department Science Advisor’s Sincerely, Office to assess science and technology Postdoctoral Scholars,’’ that Taiwan’s KAREN WAYLAND, outside the United States. domestic economic growth has led to Legislative Director. Over the past two years I have trav- fewer Taiwanese students applying to eled to Taiwan, China and India to bet- U.S. graduate schools. For the past two ENVIRONMENTAL LAW AND ter understand why these developing decades, Taiwan’s students were the POLICY CENTER, countries’ economies were growing so core supply of talent in our innovative Chicago, IL, June 8, 2005. rapidly. I learned that in all cases the science and engineering graduate Hon. TOM HARKIN, primary reason for their robust growth school programs. Of equal concern, the Hon. RICHARD G. LUGAR, U.S. Senate, was the emergence of a well-trained successful Taiwanese scholars who at- Washington, DC. science and engineering workforce that tended graduate school in the United DEAR SENATORS HARKIN AND LUGAR: The tied directly into their highly competi- States 20 or 30 years ago are now re- Environmental Law and Policy Center tive innovation economies. turning home and giving back their

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6313 professional wisdom to advance on The bill I am introducing today, may SEC. 2. OFFICE OF FOREIGN SCIENCE AND TECH- their birth country’s high-technology be small, but the consequences are NOLOGY ASSESSMENT. leadership. enormous. This measure proposes to (a) ESTABLISHMENT.—There is established This same story holds true for India. within the Department of State an Office of authorize a capability in the office of Foreign Science and Technology Assess- My visit there this January yielded the Science Advisor to the Secretary of ment. similar observations on their rapidly State to conduct assessments of the (b) DIRECTOR.—The head of the Office shall developing high technology sector. science and technology capabilities in be a Director, who shall be the Science Advi- Since 1990, India has invested in the de- other countries such as India, China sor to the Secretary of State. velopment of software and technology and Taiwan. (c) PURPOSE.—The purpose of the Office parks and currently has over 40 spread The director of this office will report shall be to assess foreign science and tech- throughout the country. These parks to the Secretary of State’s Science Ad- nologies that have the capability to cause a were responsible for much of the high loss of high technology industrial leadership visor. The office will to the maximum in the United States. technology development in software extent possible utilize firms that can (d) OPERATION.—In preparing an assess- and biotechnology. Indeed, multi- conduct science and technology assessment of science and technology for a foreign national companies such as Intel, ments in the country of interest to country, the Director shall utilize, to the ex- Microsoft and GE have built large re- minimize and augment the federal tent feasible, United States entities capable search centers there to tap into the in- staff. That is why I have proposed giv- of operating effectively within such foreign tellectual power educated at the Indian ing the office generous contracting au- country. Institutes of Technology and the In- thorities with respect to soliciting con- (e) AVAILABILITY OF ASSESSMENTS.—The dian Institute of Science. GE’s Jack Director shall make each assessment of for- tracts and disbursing funds so that it eign science and technology prepared by the Welch R&D Center in Bangalore has may move quickly to gather informa- Office available to the public in a timely 2,300 Ph.D.’s conducting research in all tion on certain topics so that we as a manner. aspects of their product lines. India’s nation are not caught by surprise by an (f) AUTHORITIES.—In order to gain access to GE center now directs their plastics advance in a high technology area. technical knowledge, skills, and expertise plant in Indiana on how to operate Additionally, this legislation author- necessary to prepare an assessment of for- more efficiently in real time over the izes a Foreign Science and Technology eign science and technology, the Secretary internet. Intel’s research center has Assessment Panel whose purpose is to of State may utilize individuals and enter 2,000 product engineers designing the into contracts or other arrangements to ac- look over the horizon and choose topics quire needed expertise with any agency or chips Americans will use in our com- and technologies to assess, as well as instrumentality of the United States, with puters and home entertainment centers to evaluate the timeliness and quality any State, territory, possession, or any po- next holiday season. The chips de- of the reports generated. These reports litical subdivision thereof, or with any per- signed at Intel’s Bangalore center are are to be publicly available, benefiting son, firm, association, corporation, or edu- fabricated at their plant in Albu- not only our government by ensuring cational institution, with or without reim- querque. The tables have turned rather the nation’s leadership in science and bursement, and without regard to section dramatically. We used to design the engineering, but also our private sec- 3709 of the Revised Statutes (41 U.S.C. 5) or section 3324 of title 31, United States Code. chips here and then they were manu- tor, especially those high technology SEC. 3. FOREIGN SCIENCE AND TECHNOLOGY AS- factured overseas. firms that must successfully compete SESSMENT PANEL. When I visited Infosys, one of India’s in a fierce global market. The panel (a) ESTABLISHMENT.—The Secretary of largest software companies, I was ad- members, to be selected by the Sec- State shall establish a Foreign Science and vised that in 2004 they received 1.2 mil- retary of State in consultation with Technology Assessment Panel. lion on-line employment applications, the Director of the Office of Science (b) PURPOSE.—The purpose of the Panel gave a standardized test to 300,000 job and Technology Policy, will be distin- shall be to provide advice on assessments seekers interviewed 30,000, and then guished leaders who have expert knowl- performed by the Office of Foreign Science hired 10,000. They expect to repeat this edge about our competitors’ capabili- and Technology Assessment, including re- same process again this year, which il- view of foreign science and technology as- ties in science and technology. sessment reports, methodologies, subjects of lustrates the deep pool of well trained High technology moves at a rapid study, and the means of improving the qual- talent that India has available. A num- rate, and every sign I picked up from ity and timeliness of the Office. ber of the India’s leading biotech entre- my science and technology trips to (c) MEMBERSHIP.—The Panel shall consist preneurs I visited with told me they China, India, Taiwan and Japan indi- of 5 members who, by reason of professional weren’t so much afraid of losing talent cates to me that our government seems background and experience, are specially to the U.S. as they were to Singapore, to be asleep at the switch here at home qualified to provide advice on the activities with its burgeoning government invest- with regard to understanding how of science and technology in foreign countries as such activities apply to the United ments in biotechnology. quickly these countries are moving up Similar to Taiwan, the National States. the value chain from simple manufac- (d) APPOINTMENT.—The Secretary of State, Academy report also documents a rapid turing to sustained efforts in science in consultation with the Director of the Of- drop in Indian student applications to and engineering that matches if not ex- fice of Science and Technology Policy in the U.S. graduate schools. India’s rapidly ceeds us in the innovation cycle. This Executive Office of the President, shall ap- developing economy encourages the bill, while a small step forward, will point the panel members. best and brightest students to stay serve to ensure that we constantly as- (e) TERM.—A member shall be appointed to the Panel for a term of 3 years. home and study in India rather than sess where other countries are in that (f) AUTHORITY TO ACCEPT SERVICES.—Not- consider U.S. graduate schools. For the value chain and to make sure we are past 20 years, we have relied on this in- withstanding section 1342 of title 31, United doing everything possible to maintain States Code, the Secretary of State may ac- flux of the cream of the academic crop our leadership in fields of high tech- cept and employ voluntary and uncompen- I from India and Taiwan to form the nology. sated services (except for reimbursement of high-tech startup companies of Silicon I ask unanimous consent that the travel expenses) for the purposes of the Valley. text of the bill be printed in the Panel. An individual providing such a voluntary and uncompensated service may not The stark question before us—wheth- RECORD. er it involves India, Taiwan, China, or There being no objection, the bill was be considered a Federal employee, except for Singapore is: are we missing the bigger purposes of chapter 81 of title 5, United ordered to be printed in the RECORD, as States Code, with respect to job-incurred dis- picture? By the time we realize we follows: have a problem in innovation and our ability and title 28, United States Code, with S. 1211 respect to tort claims. investments in science and engineering Be it enacted by the Senate and House of Rep- SEC. 4. AUTHORIZATION OF APPROPRIATIONS. investments, will it be too late? Will resentatives of the United States of America in There are authorized to be appropriated these Pacific Rim countries have Congress assembled, such sums as may be necessary to carry out climbed past us up the value chain, and SECTION 1. SHORT TITLE. this Act. will they be able to produce equally in- This Act may be cited as the ‘‘Foreign novative high technology product at Science and Technology Assessment Act of By Ms. STABENOW (for herself far cheaper costs? 2005’’. and Mr. LEVIN):

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6314 CONGRESSIONAL RECORD — SENATE June 9, 2005 S. 1212. A bill to require the Com- There being no objection, the bill was homeownership to millions of hard- mandant of the Coast Guard to convey ordered to be printed in the RECORD, as working families, helping them cover the Coast Guard Cutter Mackinaw, follows: the initial down payment and closing upon its scheduled decommissioning, to S. 1212 costs. the City and County of Cheboygan, Be it enacted by the Senate and House of Rep- This initiative is in keeping with our Michigan, to use for purposes of a mu- resentatives of the United States of America in longstanding national policy of encour- seum; to the Committee on Commerce, Congress assembled, aging homeownership. Science, and Transportation. SECTION 1. CONVEYANCE OF DECOMMISSIONED Owning a home has always been a Ms. STABENOW. Mr. President, I COAST GUARD CUTTER MACKINAW. fundamental part of the American rise today to introduce legislation that (a) IN GENERAL.—Upon the scheduled decommissioning of the Coast Guard Cutter dream. will convey the United States Coast MACKINAW, the Commandant of the Coast We, in Congress, have long recognized Guard Cutter Mackinaw to the City and Guard shall convey all right, title, and inter- the social and economic value in high County of Cheboygan for use as a mu- est of the United States in and to that vessel rates of homeownership through laws seum. to the City and County of Cheboygan, Michi- that we have enacted, such as the The United States Coast Guard Cut- gan, without consideration, if— mortgage interest tax deduction and ter Mackinaw, or the ‘‘Big Mac’’ as she (1) the recipient agrees— the capital gains exclusion on the sale is affectionately called, was commis- (A) to use the vessel for purposes of a mu- of a home. seum; sioned on December 20, 1944. Congress Over the life of a loan, the mortgage commissioned her construction during (B) not to use the vessel for commercial transportation purposes; interest tax deduction can save home- World War II to keep the shipping lanes (C) to make the vessel available to the owners thousands of dollars that they open during winter months to maintain United States Government if needed for use could use for other necessary family the production of steel. The Mackinaw by the Commandant in time of war or a na- expenses such as education or health has provided 60 years of outstanding tional emergency; and care. service to the communities and com- (D) to hold the Government harmless for These benefits, however, are only mercial enterprises of the Great Lakes. any claims arising from exposure to haz- available to individuals who own their ardous materials, including asbestos and pol- The Mackinaw was a state of the art own home. ice breaker ideally suited for the Great ychlorinated biphenyls (PCBs), after conveyance of the vessel, except for claims arising It is important also to note that own- Lakes because of her shallower draft, ing a home is a principle and reliable wider beam, and longer length than the from the use by the Government under subparagraph (C); source of savings as homeowners build polar ice breakers that her design was (2) the recipient has funds available that equity over the years and their homes based on. These attributes enable the will be committed to operate and maintain appreciate. Mackinaw to break a 70 foot wide chan- the vessel conveyed in good working condi- For many people, it is home equity— nel through 4 feet of solid blue ice to tion, in the form of cash, liquid assets, or a not stocks—that help them through accommodate the largest of the Great written loan commitment, and in an amount the retirement years. of at least $700,000; and Lakes ore carriers. She has also plowed In addition, owning a home insulates through a remarkable 37 feet of broken (3) the recipient agrees to any other conditions the Commandant considers appro- people from spikes in housing costs. ice. Indeed, while rents may go up, the The Mackinaw breaks ice for 12 of the priate. (b) MAINTENANCE AND DELIVERY OF VES- costs of a fixed monthly mortgage pay- 42 weeks of the Great Lakes shipping SEL.—Prior to conveyance of the vessel ment, in relative terms, will go down season. Typically, the Mackinaw begins under this section, the Commandant shall, to over the course of the mortgage. her ice breaking season in the first the extent practical, and subject to other Clearly, one of the biggest barriers to week of March in the Straights of Coast Guard mission requirements, make homeownership for working families is Mackinac and works her way up every effort to maintain the integrity of the the cost of a down payment and the through the Soo Locks, to Whitefish vessel and its equipment until the time of costs associated with closing a mort- Bay and areas of the St. Mary’s River delivery. If a conveyance is made under this before heading to Lake Superior. Dur- section, the Commandant shall deliver the gage. vessel at the place where the vessel is lo- According to the Mortgage Bankers ing her lifetime, the Mackinaw has en- cated, in its present condition, and without Association, typical closing costs on an abled the shipping season to start soon- cost to the Government. The conveyance of er and last longer to enable the annual average sized loan of $200,000 can ap- the vessel under this section shall not be proach approximately $6,000. delivery of 15 tons of iron ore and other considered a distribution in commerce for Even with mortgage products that materials. Later in the year the Macki- purposes of section 6(e) of Public Law 94–469 naw works in the lower Lakes’ areas (15 U.S.C. 2605(e)). allow a down payment of 3 percent of where she serves as a buoy tender, car- (c) OTHER EXCESS EQUIPMENT.—The Com- the value of a home, total costs can ries fuel and supplies to light stations, mandant may convey to the recipient any quickly approach $9,000. excess equipment or parts from other decom- This is an impossible amount to save serves as a training ship, and assists missioned Coast Guard vessels for use to en- vessels in distress when necessary. for those who are working hard to hance the vessel’s operability and function make ends meet. The problem is only The Mackinaw has been stationed in for purposes of a museum. Cheboygan since she began operations getting worse as home values climb in the end of December 1944. She will By Ms. STABENOW (for herself faster than families can save for a serve through the winter of 2005 and and Mr. SMITH): down payment. 2006 and then be decommissioned by S. 1213. A bill to amend the Internal To address this problem, I am intro- the Coast Guard. The Mackinaw will be Revenue Code of 1986 to allow a refund- ducing the First Time Homebuyers’ a great local attraction, encourage able credit against income tax for the Tax Credit Act of 2005. tourism, build jobs and aid the local purchase of a principal residence by a My bill authorizes a one-time tax economy. first-time homebuyer; to the Com- credit of up to $3,000 for individuals and The City of Cheboygan and the sur- mittee on Finance. $6,000 for married couples. rounding community are committed to Ms. STABENOW. Mr. President, I be- This credit is similar to the existing transforming this historic landmark lieve ‘‘home’’ is one of the warmest mortgage interest tax deduction in into a museum after she has been de- words in the English language. At the that it creates incentives for people to commissioned. I am hopeful that she end of a long day, I think the favorite buy a home. will be maintained for the public for phrase of every hardworking man and To be eligible for the credit, tax- years to come. While her age has made woman in this country is: ‘‘Well, I’ll payers must be first-time homebuyers her expensive to maintain, the Macki- see you tomorrow. I’m going home who were within the 25 percent bracket naw can still teach our children and now.’’ or lower in the year before they pur- visitors of Michigan’s Great Lakes her- And, that is why I rise today to in- chase their home. That is $71,950 for itage. troduce the First Time Homebuyers’ single filers, $102,800 for heads of house- I ask unanimous consent that the Tax Credit Act of 2005. hold, and $119,950 for joint returns. text of the bill be printed in the The bill I am introducing will spread There is a dollar-for-dollar phase-out RECORD. that warmth by opening the door to beyond the cap.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6315 Normally, tax credits like this are an tors. Realtors. Lenders. Title insurers. graph (A) shall be increased by an amount after-the-fact benefit. They do little to And so on. And there is a ripple of eco- equal to $3,000, multiplied by the cost-of-liv- get people actually into a home. nomic activity by the new homeowners ing adjustment determined under section What is particularly innovative and as they fix up their new homes and get 1(f)(3) for the calendar year in which the tax- beneficial about the tax credit in this settled in. able year begins by substituting ‘2004’ for ‘1992’ in subparagraph (B) thereof. If the bill, however, is that, for the first time, Housing has been such a bright light $3,000 amount as adjusted under the pre- the taxpayer can either claim the cred- in the sluggish economy we’ve faced for ceding sentence is not a multiple of $10, such it in the year after he or she buys a the last several years. My bill is de- amount shall be rounded to the nearest mul- first home or the taxpayer can transfer signed to ensure that the housing sec- tiple of $10. the credit directly to a lender at clos- tor remains a strong component of our ‘‘(2) TAXABLE INCOME LIMITATION.— ing. economy. ‘‘(A) IN GENERAL.—If the taxable income of The transferred credit would go to- Finally, let me close by emphasizing the taxpayer for any taxable year exceeds ward helping with the down payment how happy and proud I am that this tax the maximum taxable income in the table or closing costs. This is cash at the legislation is bipartisan. In a closely under subsection (a), (b), (c), or (d) of section table. divided Senate, and a closely divided 1, whichever is applicable, to which the 25 As mandated in the bill, the eligible percent rate applies, the dollar amounts in Congress, it is so important to work effect under paragraph (1)(A)(i) for such tax- homebuyer would have the money for across the aisle and Senator SMITH, payer for the following taxable year shall be the lender from the Treasury within 30 who is a real champion for good hous- reduced (but not below zero) by the amount days of application. ing policy, is someone I want to work of the excess. I am happy to say that this legisla- closely with on this bill and other im- ‘‘(B) CHANGE IN RETURN STATUS.—In the tion has had strong support. When this portant housing legislation. He under- case of married individuals filing a joint re- bill was first introduced in 2003 it gar- stands how housing tax benefits help turn for any taxable year who did not file nered the support of: The American build strong communities and provide such a joint return for the preceding taxable Bankers Association, America’s Com- economic security for millions of fami- year, subparagraph (A) shall be applied by munity Bankers, the Housing Partner- lies. reference to the highest taxable income of ship Network, the National Housing I am committed to seeing this legis- either such individual for the preceding taxable year. Conference, the National Congress for lation passed. And, I welcome the Community Economic Development, chance to work with all of my col- ‘‘(c) TRANSFER OF CREDIT.— the National Council of La Raza, the leagues to see the dream of homeown- ‘‘(1) IN GENERAL.—A taxpayer may transfer all or a portion of the credit allowable under National Association of Affordable ership expanded to all people. Housing Lenders, the Manufactured subsection (a) to 1 or more persons as pay- Home. Sentimentally, it is one of the ment of any liability of the taxpayer arising Housing Institute, Fannie Mae, Freddie warmest words in the English lan- out of— Mac, National Community Reinvest- guage. Economically, it’s the key word ‘‘(A) the downpayment of any portion of ment Coalition, Standard Federal in bringing millions of families in from the purchase price of the principal residence, Bank, Habitat for Humanity, and, the the cold and letting them begin build- and National American Indian Housing ing wealth for themselves and their ‘‘(B) closing costs in connection with the Council. family. purchase (including any points or other fees Clearly, the breadth and diversity of I ask unanimous consent that the incurred in financing the purchase). support is strong for this legislation. text of this legislation be printed in ‘‘(2) CREDIT TRANSFER MECHANISM.— ‘‘(A) IN GENERAL.—Not less than 180 days This is a bold and aggressive effort to the RECORD. after the date of the enactment of this sec- reach out to a large number of working There being no objection, the bill was families to help them get into this first tion, the Secretary shall establish and imple- ordered to be printed in the RECORD, as ment a credit transfer mechanism for pur- home. follows: poses of paragraph (1). Such mechanism shall The Joint Committee on Taxation S. 1213 require the Secretary to— has estimated that more than fifteen Be it enacted by the Senate and House of Rep- ‘‘(i) certify that the taxpayer is eligible to million working people would get into resentatives of the United States of America in receive the credit provided by this section their first home over the next seven Congress assembled, with respect to the purchase of a principal years because of this new tax credit. SECTION 1. SHORT TITLE. residence and that the transferee is eligible We are working to send a message to This Act may be cited as the ‘‘First-Time to receive the credit transfer, people all over the country that if you Homebuyers’ Tax Credit Act of 2005’’. ‘‘(ii) certify that the taxpayer has not received the credit provided by this section are working hard to save up enough to SEC. 2. REFUNDABLE CREDIT FOR FIRST-TIME get into that first home, the Federal HOMEBUYERS. with respect to the purchase of any other principal residence, government will make a strategic in- (a) IN GENERAL.—Subpart C of part IV of ‘‘(iii) certify the credit transfer amount vestment in your family—it will offer a subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable which will be paid to the transferee, and hand up. ‘‘(iv) require any transferee that directly This is not unlike what we already do credits) is amended by redesignating section 36 as section 37 and by inserting after section receives the credit transfer amount from the through the mortgage interest tax de- 35 the following new section: Secretary to notify the taxpayer within 14 duction for millions of people who are ‘‘SEC. 36. PURCHASE OF PRINCIPAL RESIDENCE days of the receipt of such amount. fortunate enough to already own their BY FIRST-TIME HOMEBUYER. Any check, certificate, or voucher issued by own home. ‘‘(a) ALLOWANCE OF CREDIT.—In the case of the Secretary pursuant to this paragraph We certainly won’t do all the hard an individual who is a first-time homebuyer shall include the taxpayer identification work for you. You must be frugal and of a principal residence in the United States number of the taxpayer and the address of save and do most of the work yourself, during any taxable year, there shall be al- the principal residence being purchased. lowed as a credit against the tax imposed by ‘‘(B) TIMELY RECEIPT.—The Secretary shall but we, in Congress, understand that it issue the credit transfer amount not less is good for America to enhance home- this subtitle for the taxable year an amount equal to 10 percent of the purchase price of than 30 days after the date of the receipt of ownership. the residence. an application for a credit transfer. We also understand that this sort of ‘‘(b) LIMITATIONS.— ‘‘(3) PAYMENT OF INTEREST.— investment in working families stimu- ‘‘(1) MAXIMUM DOLLAR AMOUNT.— ‘‘(A) IN GENERAL.—Notwithstanding any lates the economy. ‘‘(A) IN GENERAL.—The credit allowed other provision of this title, the Secretary No one can deny that when the First under subsection (a) shall not exceed the ex- shall pay interest on any amount which is Time Homebuyers’ Tax Credit is en- cess (if any) of— not paid to a person during the 30-day period acted and used by millions of people, ‘‘(i) $3,000 (2 times such amount in the case described in paragraph (2)(B). every single time the credit is used, it of a joint return), over ‘‘(B) AMOUNT OF INTEREST.—Interest under subparagraph (A) shall be allowed and paid— will be stimulative. Why? ‘‘(ii) the credit transfer amount determined under subsection (c) with respect to ‘‘(i) from the day after the 30-day period Because it means someone bought a the purchase to which subsection (a) applies. described in paragraph (2)(B) to the date pay- house. And that generates economic ‘‘(B) INFLATION ADJUSTMENT.—In the case ment is made, and activity for multiple small business of any taxable year beginning after Decem- ‘‘(ii) at the overpayment rate established people. House appraisers and Inspec- ber 31, 2005, the $3,000 amount under subpara- under section 6621.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6316 CONGRESSIONAL RECORD — SENATE June 9, 2005 ‘‘(C) EXCEPTION.—This paragraph shall not ‘‘(e) DENIAL OF DOUBLE BENEFIT.—No credit Time Homebuyer Bill would provide a apply to failures to make payments as a re- shall be allowed under subsection (a) for any tax credit of up to $3,000 to individuals sult of any natural disaster or other cir- expense for which a deduction or credit is al- and up to $6,000 for families falling cumstance beyond the control of the Sec- lowed under any other provision of this chap- retary. ter. within or below the 27 percent tax ‘‘(4) EFFECT ON LEGAL RIGHTS AND OBLIGA- ‘‘(f) BASIS ADJUSTMENT.—For purposes of bracket. TIONS.—Nothing in this subsection shall be this subtitle, if a credit is allowed under this The bill would allow first-time home- construed to— section with respect to the purchase of any buyers to claim the credit on their tax ‘‘(A) require a lender to complete a loan residence, the basis of such residence shall be return or transfer the credit directly to transaction before the credit transfer reduced by the amount of the credit so al- the lender at closing, providing an im- amount has been transferred to the lender, lowed. mediate benefit to potential home- ‘‘(g) PROPERTY TO WHICH SECTION AP- or owners. This credit is similar to the ‘‘(B) prevent a lender from altering the PLIES.— terms of a loan (including the rate, points, ‘‘(1) IN GENERAL.—The provisions of this Washington DC Homebuyers’ Tax Cred- fees, and other costs) due to changes in mar- section apply to a principal residence if— it. ket conditions or other factors during the ‘‘(A) the taxpayer purchases the residence While Congress has enacted legisla- period of time between the application by on or after January 1, 2005, and before Janu- tion to increase incentives for home- the taxpayer for a credit transfer and the re- ary 1, 2010, or ownership in the past, including the ceipt by the lender of the credit transfer ‘‘(B) the taxpayer enters into, on or after mortgage interest tax deduction, these amount. January 1, 2005, and before January 1, 2010, a benefits are available only to those ‘‘(d) DEFINITIONS AND SPECIAL RULES.—For binding contract to purchase the residence, purposes of this section— and purchases and occupies the residence be- who already own a home. In contrast, ‘‘(1) FIRST-TIME HOMEBUYER.— fore July 1, 2011.’’. the First Time Homebuyer Bill will ‘‘(A) IN GENERAL.—The term ‘first-time (b) CONFORMING AMENDMENTS.— help increase homeownership among homebuyer’ has the same meaning as when (1) Subsection (a) of section 1016 of the In- those who are working towards their used in section 72(t)(8)(D)(i). ternal Revenue Code of 1986 (relating to gen- first home purchase. ‘‘(B) ONE-TIME ONLY.—If an individual is eral rule for adjustments to basis) is amend- I thank you for the opportunity to treated as a first-time homebuyer with reed by striking ‘‘and’’ at the end of paragraph speak today, and I urge my colleagues spect to any principal residence, such indi- (30), by striking the period at the end of to support this important legislation. vidual may not be treated as a first-time paragraph (31) and inserting ‘‘, and’’, and by homebuyer with respect to any other prin- adding at the end the following new para- By Ms. SNOWE (for himself, Mr. cipal residence. graph: ‘‘(C) MARRIED INDIVIDUALS FILING JOINT- ‘‘(32) in the case of a residence with respect REID, Mr. WARNER, Mr. LEAHY, LY.—In the case of married individuals who to which a credit was allowed under section Mr. CHAFEE, Mrs. MURRAY, Mr. file a joint return, the credit under this sec- 36, to the extent provided in section 36(f).’’. KENNEDY, Mr. AKAKA, Mr. DUR- tion is allowable only if both individuals are (2) Section 1324(b)(2) of title 31, United BIN, Ms. CANTWELL, and Mr. first-time homebuyers. States Code, is amended by striking ‘‘or’’ be- LAUTENBERG): ‘‘(D) OTHER TAXPAYERS.—If 2 or more indi- fore ‘‘enacted’’ and by inserting before the S. 1214. A bill to require equitable viduals who are not married purchase a prin- period at the end ‘‘, or from section 36 of coverage of prescription contraceptive cipal residence— such Code’’. drugs and devices, and contraceptive ‘‘(i) the credit under this section is allow- (c) CLERICAL AMENDMENT.—The table of able only if each of the individuals is a first- sections for subpart C of part IV of sub- services under health plans; to the time homebuyer, and chapter A of chapter 1 of the Internal Rev- Committee on Health, Education, ‘‘(ii) the amount of the credit allowed enue Code of 1986 is amended by striking the Labor, and Pensions. under subsection (a) shall be allocated item relating to section 36 and inserting the Ms. SNOWE. Mr. President, this year among such individuals in such manner as following new items: well over 6 million pregnancies will the Secretary may prescribe, except that the ‘‘Sec. 36. Purchase of principal residence by occur in America. The challenge of total amount of the credits allowed to all first-time homebuyer. raising healthy children and preparing such individuals shall not exceed the amount ‘‘Sec. 37. Overpayments of tax.’’. them for a changing world is a stag- in effect under subsection (b)(1)(A) for indi- (d) EFFECTIVE DATE.—The amendments viduals filing joint returns. made by this section shall apply to taxable gering one indeed. This is even more so ‘‘(2) PRINCIPAL RESIDENCE.—The term ‘prin- years beginning after December 31, 2004. when so frequently both parents are cipal residence’ has the same meaning as Mr. SMITH. Mr. President, today I working. So it is tragic that half of all when used in section 121. Except as provided pregnancies today are unplanned. In in regulations, an interest in a partnership, introduce important legislation to enable more Americans to realize the too many cases, this means that the S corporation, or trust which owns an inter- necessary financial, emotional and est in a residence shall not be treated as an dream of homeownership. The First- interest in a residence for purposes of this Time Homebuyers’ Tax Credit Act that other resources for parenting are sim- paragraph. Senator STABENOW and I are intro- ply not present. I think we certainly ‘‘(3) PURCHASE.— ducing would give a one-time tax cred- share a broad consensus that every ‘‘(A) IN GENERAL.—The term ‘purchase’ it that will help more Americans to be- child should be wanted, and that par- means any acquisition, but only if— come homeowners. ents should have the resources to en- ‘‘(i) the property is not acquired from a Homeownership brings safety and sure their child’s health and success. person whose relationship to the person ac- stability to families and their commu- This week we have commemorated quiring it would result in the disallowance of the 40th anniversary of a landmark Su- losses under section 267 or 707(b) (but, in ap- nities. People who own their homes plying section 267 (b) and (c) for purposes of have the security of knowing that they preme Court decision, that of Griswold this section, paragraph (4) of section 267(c) have a reliable investment, and they v. Connecticut, in which the right of shall be treated as providing that the family are protected from spikes in housing married couples to contraceptives and of an individual shall include only the indi- costs. Yet despite these advantages, family planning counseling was recog- vidual’s spouse, ancestors, and lineal de- barriers exist for many who are look- nized. Yet less than a decade ago, when scendants), and ing to make the leap to homeowner- we examined the state of contraceptive ‘‘(ii) the basis of the property in the hands ship. coverage by insurance plans, it cer- of the person acquiring it is not deter- tainly was discouraging. While many mined— Even for families and individuals who ‘‘(I) in whole or in part by reference to the can make monthly mortgage pay- health plans included coverage for pre- adjusted basis of such property in the hands ments, down payment and closing costs scription drugs, nearly half did not of the person from whom acquired, or can prove too great a burden. Based on cover even oral contraceptives. Need- ‘‘(II) under section 1014(a) (relating to information from the Mortgage Bank- less to say, many other contraceptive property acquired from a decedent). ers Association, the average loan of options for women, such as the dia- ‘‘(B) CONSTRUCTION.—A residence which is $175,000 would incur closing costs of ap- phragm, implants, and injectable constructed by the taxpayer shall be treated proximately $4,000. Combined with even methods were covered even less fre- as purchased by the taxpayer. a modest down-payment of as little as quently. This is disturbing, as contra- ‘‘(4) PURCHASE PRICE.—The term ‘purchase price’ means the adjusted basis of the prin- 3 percent of a home’s value, total costs ception is so vital to a woman’s health. cipal residence on the date of acquisition can quickly approach $9,000 or more. Most women will spend just a few years (within the meaning of section To help Americans achieve the dream attempting to conceive, with the aver- 72(t)(8)(D)(iii)). of private homeownership, the First- age woman desiring two children. That

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6317 leaves about 30 years in which women All we are saying is that if an em- In the 40 years since this landmark need access to safe, affordable contra- ployer provides insurance coverage for decision, increased access to birth con- ceptives. all other prescription drugs, they must trol has contributed to a dramatic im- The benefits of contraception should also provide coverage for FDA-ap- provement in maternal and infant be obvious. The maternal death rate in proved prescription contraceptives—it health and has drastically reduced the the U.S. is only one third what it was is that simple, it is that fair, and it infant death rate in our country. back in 1965 before Griswold. The same builds on existing law and jurispru- In spite of these advances, we still is true for infant survival. Family dence. have a long way to go. The United planning preserves a woman’s health, The approach we are taking today States has among the highest rates of and allows couples to ensure that they has already been endorsed by a total of unintended pregnancies of all industri- have the means to give every child the 29 States—including my home State of alized nations. Half of all pregnancies attention, support, and resources they Maine—that have passed similar laws in the United States are unintended, need. since 1998. This is real progress but this and nearly half of those end in abor- So today I am joining again with piecemeal approach to fairness leaves tion. Senator REID to introduce legislation many American women at the mercy of Making contraception more acces- to ensure broader access to contracep- geography when it comes to the cov- sible and affordable is one crucial step tion—to ensure that the promise of erage they deserve. toward reducing unintended preg- Griswold v. Connecticut is fully real- But fairness is not the only issue. We nancies, reducing abortions and im- ized. I thank him for his ongoing lead- believe that EPICC not only makes proving women’s health. ership on this issue. We both agree that sense in terms of the cost of contracep- We cannot allow the pendulum to contraception coverage is essential to tives for women, but also as a means swing backwards. That is why Senator reducing unwanted pregnancies and to bridging the pro-choice pro-life chasm SNOWE and I are reintroducing the Eq- ensuring that every couple can employ by helping prevent unintended preg- uity in Prescription and Contraception family planning. The Equity in Pre- nancies and thereby also preventing Coverage Act of 2005, EPICC. Over the scription Insurance and Contraceptive abortions. The fact of the matter is, we last 8 years, Senator SNOWE and I have Coverage Act, which we again intro- know that there are over three million joined together to advance this impor- duce today, will assure that for those unintended pregnancies every year in tant legislation. plans which provide prescription drug the United States. We also know that The EPICC legislation is also a crit- coverage, contraceptive coverage is not almost half of those pregnancies result ical component of the Prevention First excluded. It further ensures that con- from women who do not use contracep- Act, S. 20. This legislation includes a traceptive services are provided equi- tives. Most of the other half involved number of provisions that will improve tably with other outpatient services. inconsistent or incorrect use of contra- Such coverage is just what the Insti- women’s health, reduce the rate of un- tute of Medicine called for back in 1995, ceptives—and in many of these cases, intended pregnancy and reduce abor- when the Institute reported that a lack the women would benefit from coun- tions. of coverage was a major contributor to seling or provision of a contraceptive The legislation we are introducing unwanted pregnancy. Expanding the which is more appropriate to their cir- today proves we can find not only com- proportion of health plans which cover cumstances. mon ground, but also a commonsense Surveys consistently demonstrate contraception is one of the Surgeon solution to these important challenges. that almost nine out of ten Americans General’s objectives for the Healthy By making sure women can afford People 2010 plan. We can certainly support contraception access and over their prescription contraceptives, our achieve that objective and ensure that 75 percent support laws requiring bill will help to reduce the staggering in 2010, unwanted pregnancies are ex- health insurance plans to cover meth- rates of unintended pregnancy in the ceedingly rare. ods of contraception such as birth con- United States, and reduce abortions. Some may argue that such a man- trol pills. It is a national tragedy that half of date creates yet more costs for pro- The question before us is, if EPICC- all pregnancies nationwide are unin- viders, but the evidence fails to support style coverage is good enough for 9 mil- tended, and that half of those will end that notion. We have seen that for lion Federal employees and their de- in abortions. It is a tragedy, but it every dollar in public funds which is in- pendents, if it is good enough for every doesn’t have to be. If we work together, vested in family planning, three dollars Member of Congress and every Senator, we can prevent these unintended preg- is saved in Medicaid costs for preg- why is not it good enough for the nancies and abortions. nancy-related health care and medical American people? One of the most important steps we care for newborns. Indeed after we Women should have control over can take to prevent unintended preg- acted in 1998 to assure coverage to their reproductive health. It is the best nancies, and to reduce abortions, is to women in the Federal Employees interests of their overall health, their make sure American women have ac- Health Benefits Program, the Office of children and their future children’s cess to affordable, effective contracep- Personnel Management concluded in health—and when we have fewer unin- tion. 2001 that there was no cost increase due tended pregnancies, we will reduce the There are a number of safe and effec- to coverage. number of abortions. We need to finally tive contraceptives available by pre- Many health providers have come to fix this inequity in prescription drug scription. Used properly, they greatly the same conclusion. I note that ap- coverage and make certain that all reduce the rate of unintended preg- proximately 90 percent of plans now American women have access to this nancies. cover the leading methods of reversible most basic health need. I thank all of However, many women simply can’t contraception. So we have come a long those who have supported us in this ef- afford these prescriptions, and their in- way. fort, and call upon each of my col- surance doesn’t pay for them, even There should be no mistake—this leagues to join us to ensure that more though it covers other prescriptions. issue boils down the principles of basic couples have access to family planning This is not fair. We know women on fairness—fairness for half this Nation’s to reduce unwanted pregnancies, and to average earn less than men, yet they population, fairness in how we view assure the health and security of must pay far more than men for and treat a woman’s reproductive American families. health-related expenses. health versus every other kind of Mr. REID. Mr. President, this week According to the Women’s Research health care need that can be addressed marks the fortieth anniversary of the and Education Institute, women of re- with prescription drugs. The facts are U.S. Supreme Court decision in Gris- productive age pay 68 percent more in not in dispute B the lack of equitable wold v. Connecticut that struck down a out-of-pocket medical expenses than coverage of prescription contraceptives Connecticut law that had made the use men, largely due to their reproductive has a very real impact on the lives of of birth control by married couples il- health-care needs. America’s women and, therefore, our legal. This decision laid the ground- Because many women can’t afford society as a whole. This is not over- work for widespread access to birth the prescription contraceptives they statement, this is reality. control for all American women. would like to use, many do without

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6318 CONGRESSIONAL RECORD — SENATE June 9, 2005 them, and the result, all too often, is MURRAY, Mr. COCHRAN, Mr. coastal conservation initiatives unintended pregnancy and abortion. KERRY, Mr. INOUYE, and Mrs. throughout the country. For instance, This isn’t an isolated problem. The FEINSTEIN): I have worked hard to secure signifi- fact is, a majority of women in this S. 1215. A bill to authorize the acqui- cant funds for the Great Bay estuary in country are covered by health insur- sition of interests in underdeveloped New Hampshire. This estuary is the ance plans that do not provide cov- coastal areas in order better to ensure jewel of the seacoast region, and is erage for prescription contraceptives their protection from development; to home to a wide variety of plants and This is unfair to women. It is bad pol- the Committee on Commerce, Science, animal species that are particularly icy that causes additional unintended and Transportation. threatened by encroaching develop- pregnancies, and adversely affects Mr. GREGG. Mr. President, I rise ment and environmental pollutants. By women’s health. today along with Senator MIKULSKI to working with local communities to Senator SNOWE and I first introduced introduce the Coastal and Estuarine purchase lands or easements on these our legislation in 1997. Since then, the Land Protection Act. We are intro- valuable parcels of land, New Hamp- Viagra pill went on the market, and ducing this much needed coastal pro- shire has been able to successfully con- one month later it was covered by most tection act along with Senators SAR- serve the natural and scenic heritage of insurance policies. BANES, BIDEN, CORZINE, SNOWE, REED, this vital estuary. Birth control pills have been on the CANTWELL, MURRAY, COCHRAN, KERRY, Programs such as the Coastal and Es- market since 1960, and today, 45 years WYDEN, and INOUYE. In addition, this tuarine Land Protection program will later, they are covered by only one- legislation is supported by the Trust further enable other States to partici- third of health insurance policies. for Public Land, Coastal States Organi- pate in these community-based con- So, today we find ourselves in the in- zation, International Association of servation efforts in coastal areas. This explicable situation where most insur- Fish and Wildlife Agencies, Association program was modeled after the U.S. ance policies pay for Viagra, but not of National Estuary Programs, the Department of Agriculture’s successful for prescription contraceptives that Land Trust Alliance, Society for the Forest Legacy Program, which has prevent unintentional pregnancies and Protection of New Hampshire Forests, conserved millions of acres of produc- abortions. The Conservation Fund, NH Audubon, tive and ecologically significant forest This isn’t fair, and it isn’t even cost- Restore America’s Estuaries, and Na- land around the county. effective, because most insurance poli- tional Estuarine Research Reserve As- I welcome the opportunity to offer cies do cover sterilization and abortion sociation. this important legislation, with my procedures. In other words, they won’t The Coastal and Estuarine Land Pro- good friend from Maryland, Senator pay for the pills that could prevent an tection Act promotes coordinated land MIKULSKI. I am thankful for her leader- abortion, but they will pay for the pro- acquisition and protection efforts in ship on this issue, and look forward to cedure itself, which is much more cost- coastal and estuarine areas by fos- working with her to make the vision ly. tering partnerships between non- for this legislation a reality, and to The Federal Employee Health Bene- governmental organizations and Fed- successfully conserve our coastal lands fits Program, which has provided con- eral, State, and local governments. As for their ecological, historical, rec- traceptive coverage for several years, clearly outlined by the U.S. Commis- reational, and aesthetic values. shows that adding such coverage does sion of Ocean Policy, these efforts are By Mr. CORZINE: not make the plan more expensive. urgently needed. With Americans rap- S. 1216. A bill to require financial in- In December 2000, the U.S. Equal Em- idly moving to the coast, pressures to stitutions and financial service pro- ployment Opportunity Commission, develop critical coastal ecosystems are viders to notify customers of the unau- EEOC ruled that an employer’s failure increasing. There are fewer and fewer thorized use of personal financial infor- to include insurance coverage for pre- undeveloped and pristine areas left in mation, and for other purposes; to the scription contraceptives, when other the Nation’s coastal and estuarine wa- Committee on Banking, Housing, and prescription drugs and devices are cov- tersheds. These areas provide impor- Urban Affairs. ered, constitutes unlawful sex discrimi- tant nursery habitat for two-thirds of Mr. CORZINE. Mr. President, iden- nation under Title VII of the Civil the Nation’s commercial fish and shell- tity theft is a serious and growing con- Rights Act of 1964. fish, provide nesting and foraging habi- cern facing our Nation’s consumers. On June 12, 2001, a Federal district tat for coastal birds, harbor significant According to the Federal Trade Com- court in Seattle made the same finding natural plant communities, and serve mission, nearly 10 million Americans in the case of Erickson vs. Bartell Drug to facilitate coastal flood control and were the victims of identity theft in Company. pollutant filtration. 2003, three times the number of victims These decisions confirm what we The Coastal and Estuarine Land Pro- just 3 years earlier. Research shows have known all along: contraceptive tection Act pairs willing sellers that there are more than 13 identity coverage is a matter of equity and fair- through community-based initiatives thefts every minute. ness for women. with sources of Federal funds to en- According to the Identity Theft Re- We are not asking for special treat- hance environmental protection. Lands source Center, identity theft victims ment of contraceptives, only equitable can be acquired in full or through ease- spend on average nearly 600 hours re- treatment within the context of an ex- ments, and none of the lands purchased covering from the crime. Additional re- isting prescription drug benefit. through this program would be held by search indicates the costs of lost wages This legislation is right because it is the Federal Government. This bill puts and income as a result of the crime can fair to women. land conservation initiatives in the soar as high as $16,000 per incident. No It is right because it is more cost-ef- hands of State and local communities. one wants to suffer this kind of hard- fective than other services, including This new program, authorized through ship. abortions, sterilizations and tubal the National Oceanic and Atmospheric Events this week have further served ligations, costly procedures that most Administration at $60,000,000 per year, to highlight how serious the problem insurance companies routinely cover. would provide Federal matching funds has become. The announcement by And it is right because it will prevent to States with approved coastal man- Citigroup that a box of computer tapes unintended pregnancies and reduce agement programs or to National Estu- containing information on 3.9 million abortions, goals we all share. arine Research Reserves through a customers was lost by United Parcel This is common sense, common- competitive grant process. Federal Service in my own State of New Jersey ground legislation, and it is long over- matching funds may not exceed 75 per- while in transit to a credit reporting due. cent of the cost of a project under this agency is the latest in a line of recent, program, and non-Federal sources may high profile incidents. In fact, I myself By Mr. GREGG (for himself, Ms, count in-kind support toward their por- was a victim of a similar recent loss of MIKULSKI, Mr. SARBANES, Mr. tion of the cost share. computer tapes by Bank of America. BIDEN, Mr. CORZINE, Ms. SNOWE, This coastal land protection program In both of these cases, Citigroup and Mr. REED, Ms. CANTWELL, Mrs. provides much need support for local Bank of America acted responsibly and

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6319 notified possible victims in a prompt means the last name of an individual in com- ‘‘(ii) a conspicuous posting on the Internet and timely manner. But this is not al- bination with any 1 or more of the following website of the financial institution, if the fi- ways the case. data elements, when either the name or the nancial institution maintains such a At the very least, consumers deserve data elements are not encrypted: website; or ‘‘(A) Social security number. ‘‘(iii) notification through the media that a to be made aware when their personal ‘‘(B) Driver’s license number or State iden- breach of personal financial information has information has been compromised. tification number. occurred or is suspected that compromises Right now, they must hope that the ‘‘(C) Account number, credit or debit card the security, confidentiality, or integrity of laws of a few individual States, such as number, in combination with any required customer information of the financial insti- California, apply to their case, or that security code, access code, or password that tution; or victimized institutions will act respon- would permit access to the financial account ‘‘(D) in such other form as the Federal sibly on their own. of an individual. Trade Commission may by rule prescribe; ‘‘(b) NOTIFICATION TO CUSTOMERS RELATING The legislation I am introducing and TO UNAUTHORIZED ACCESS OF PERSONAL FI- ‘‘(2) to consumer reporting agencies and today, the Financial Privacy Breach NANCIAL INFORMATION.— law enforcement agencies (where appro- Notification Act of 2005, would protect ‘‘(1) FINANCIAL INSTITUTION REQUIREMENT.— priate), in such form as the Federal Trade consumers by requiring prompt notifi- In any case in which there has been a breach Commission may prescribe, by rule. cation by any financial institution or of personal financial information at a finan- ‘‘(f) CONTENT OF NOTIFICATION.—Each noti- affiliated data broker in all cases, sub- cial institution, or such a breach is reason- fication to a customer under subsection (b) ject, of course, to the concerns of law ably believed to have occurred, the financial shall include— enforcement agencies. It would also re- institution shall promptly notify— ‘‘(1) a statement that— ‘‘(A) each customer affected by the viola- quire automatic inclusion of fraud ‘‘(A) credit reporting agencies have been tion or suspected violation; notified of the relevant breach or suspected alerts in victim’s credit files to mini- ‘‘(B) each consumer reporting agency de- breach; and mize the damage done. scribed in section 603(p) of the Fair Credit ‘‘(B) the credit report and file of the cus- Notification by itself won’t solve ev- Reporting Act (15 U.S.C. 1681a); and tomer will contain a fraud alert to make erything, but it is an important first ‘‘(C) appropriate law enforcement agencies, creditors aware of the breach or suspected step that requires immediate atten- in any case in which the financial institution breach, and to inform creditors that the ex- tion. I intend to introduce more com- has reason to believe that the breach or sus- press authorization of the customer is re- prehensive legislation in the very near pected breach affects a large number of cus- quired for any new issuance or extension of tomers, including as described in subsection credit (in accordance with section 605(g) of future to further protect consumers (e)(1)(C), subject to regulations of the Fed- against the growing threat of identity the Fair Credit Reporting Act); and eral Trade Commission. ‘‘(2) such other information as the Federal theft, but requiring notification in a ‘‘(2) OTHER ENTITIES.—For purposes of para- Trade Commission determines is appro- uniform fashion is an important and graph (1), any person that maintains per- priate. urgently needed first step. sonal financial information for or on behalf ‘‘(g) COMPLIANCE.—Notwithstanding sub- It is imperative that we take action of a financial institution shall promptly no- section (e), a financial institution shall be to combat the growing threat of identify the financial institution of any case in deemed to be in compliance with this sec- tity theft. This crime harms individ- which such customer information has been, tion, if— or is reasonably believed to have been, ‘‘(1) the financial institution has estab- uals and families, and drags down our breached. economy in the form of lost produc- lished a comprehensive information security ‘‘(c) TIMELINESS OF NOTIFICATION.—Notifi- program that is consistent with the stand- tivity and capital. We can do more and cation required by this section shall be ards prescribed by the appropriate regu- we must do more. made— latory body under section 501(b); Mr. President, I ask unanimous con- ‘‘(1) promptly and without unreasonable ‘‘(2) the financial institution notifies af- sent that the text of the bill be printed delay, upon discovery of the breach or sus- fected customers and consumer reporting pected breach; and in the RECORD. agencies in accordance with its own internal ‘‘(2) consistent with— There being no objection, the bill was information security policies in the event of ‘‘(A) the legitimate needs of law enforce- a breach or suspected breach of personal fi- ordered to be printed in the RECORD, as ment, as provided in subsection (d); and follows: nancial information; and ‘‘(B) any measures necessary to determine ‘‘(3) such internal security policies incor- S. 1216 the scope of the breach or restore the reason- porate notification procedures that are con- Be it enacted by the Senate and House of Rep- able integrity of the information security sistent with the requirements of this section resentatives of the United States of America in system of the financial institution. and the rules of the Federal Trade Commis- ‘‘(d) DELAYS FOR LAW ENFORCEMENT PUR- Congress assembled, sion under this section. POSES.—Notification required by this section SECTION 1. SHORT TITLE. may be delayed if a law enforcement agency ‘‘(h) CIVIL PENALTIES.— This Act may be cited as the ‘‘Financial determines that the notification would im- ‘‘(1) DAMAGES.—Any customer injured by a Privacy Breach Notification Act of 2005’’. pede a criminal investigation, and in any violation of this section may institute a civil SEC. 2. TIMELY NOTIFICATION OF UNAUTHOR- such case, notification shall be made action to recover damages arising from that IZED ACCESS TO PERSONAL FINAN- promptly after the law enforcement agency violation. CIAL INFORMATION. determines that it would not compromise ‘‘(2) INJUNCTIONS.—Actions of a financial Subtitle B of title V of the Gramm-Leach- the investigation. institution in violation or potential viola- Bliley Act (15 U.S.C. 6821 et seq.) is amend- ‘‘(e) FORM OF NOTICE.—Notification re- tion of this section may be enjoined. ed— quired by this section may be provided— ‘‘(3) CUMULATIVE EFFECT.—The rights and (1) by redesignating sections 526 and 527 as ‘‘(1) to a customer— remedies available under this section are in sections 528 and 529, respectively; and ‘‘(A) in written notification; addition to any other rights and remedies (2) by inserting after section 525 the fol- ‘‘(B) in electronic form, if the notice pro- available under applicable law. lowing: vided is consistent with the provisions re- ‘‘(i) RULES OF CONSTRUCTION.— ‘‘SEC. 526. NOTIFICATION TO CUSTOMERS OF UN- garding electronic records and signatures set ‘‘(1) IN GENERAL.—Compliance with this AUTHORIZED ACCESS TO PERSONAL forth in section 101 of the Electronic Signa- section by a financial institution shall not FINANCIAL INFORMATION. tures in Global and National Commerce Act be construed to be a violation of any provi- ‘‘(a) DEFINITIONS.—In this section: (15 U.S.C. 7001); sion of subtitle (A), or any other provision of ‘‘(1) BREACH.—The term ‘breach’— ‘‘(C) if the Federal Trade Commission de- Federal or State law prohibiting the disclo- ‘‘(A) means the unauthorized acquisition, termines that the number of all customers sure of financial information to third par- or loss, of computerized data or paper affected by, or the cost of providing notifica- ties. records which compromises the security, tions relating to, a single breach or sus- ‘‘(2) LIMITATION.—Except as specifically confidentiality, or integrity of personal fi- pected breach would make other forms of no- provided in this section, nothing in this sec- nancial information maintained by or on be- tification prohibitive, or in any case in tion requires or authorizes a financial insti- half of a financial institution; and which the financial institution certifies in tution to disclose information that it is oth- ‘‘(B) does not include a good faith acquisi- writing to the Federal Trade Commission erwise prohibited from disclosing under sub- tion of personal financial information by an that it does not have sufficient customer title A or any other provision of Federal or employee or agent of a financial institution contact information to comply with other State law. for a business purpose of the institution, if forms of notification, in the form of— ‘‘(j) ENFORCEMENT.—The Federal Trade the personal financial information is not ‘‘(i) an e-mail notice, if the financial insti- Commission is authorized to enforce compli- subject to further unauthorized disclosure. tution has access to an e-mail address for the ance with this section, including the assess- ‘‘(2) PERSONAL FINANCIAL INFORMATION.— affected customer that it has reason to be- ment of fines for violations of subsection The term ‘personal financial information’ lieve is accurate; (b)(1).’’.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6320 CONGRESSIONAL RECORD — SENATE June 9, 2005 SEC. 3. EFFECTIVE DATE. What happens to the health and well- To ascertain the impact the waiting This Act shall take effect on the expiration being of people waiting more than 21⁄2 period has on the lives of these citi- of the date which is 6 months after the date years before they finally receive criti- zens, the Commonwealth Fund and the of enactment of this Act. cally needed Medicare coverage? Ac- Christopher Reeve Paralysis Founda- By Mr. BINGAMAN (for himself, cording to Karen Davis, president of tion conducted a follow-up to ‘‘gain in- Mr. DEWINE, Mr. CORZINE, Mr. the Commonwealth Fund, which has sight into the experiences of people DURBIN, Mr. SCHUMER, Mr. conducted 2 important studies on the with disabilities under age 65 in the JOHNSON, Ms. CANTWELL, Mr. issue, ‘‘Individuals in the waiting pe- Medicare 2-year waiting period.’’ Ac- LAUTENBERG, Ms. STABENOW, riod for Medicare suffer from a broad cording to that second report entitled range of debilitating diseases and are Mr. KENNEDY, Mrs. CLINTON, ‘‘Waiting for Medicare: Experiences of in urgent need of appropriate medical Mr. KERRY, Ms. MIKULSKI, Mr. Uninsured People with Disabilities in care to manage their conditions. Elimi- AKAKA, Mr. SALAZAR, and Mr. the Two-Year Waiting Period for Medi- nating the 2-year wait would ensure ac- SARBANES): care’’ in October 2004, ‘‘Most of these S. 1217. A bill to amend title II of the cess to care for those already on the individuals must invariably get by Social Security Act to phase out the way to Medicare.’’ with some combination of living one Again, we are talking about individ- 24-month waiting period for disabled day at a time, assertiveness, faith, and uals that have been determined to be individuals to become eligible for medi- sheer luck.’’ unable to engage in any ‘‘substantial, care benefits, to eliminate the waiting One person in the waiting period with gainful activity’’ because of either a period for individuals with life-threat- a spinal cord injury from Atlanta, physical or mental impairment that is ening conditions, and for other pur- Georgia, seeking medical treatment for expected to result in death or to con- poses; to the Committee on Finance. their condition was told to simply ‘‘try tinue for at least 12 months. These are Mr. BINGAMAN. Mr. President, I rise not to get sick for 2 years.’’ As the in- people that, by definition, are in more today to introduce bipartisan legisla- dividual said in response, ‘‘None of us need of health coverage than anybody tion entitled ‘‘Ending the Medicare TRIED to become disabled.’’ else in our society. Of the 1.2 million Disability Waiting Period Act of 2005’’ The people that we have spoken to in people stuck in the 2-year waiting pe- with Senators DEWINE, CORZINE, DUR- the waiting period, since the introduc- riod at any given time, it is estimated BIN, SCHUMER, JOHNSON, CANTWELL, tion of this legislation last year, talk that one-third, or 400,000, are left com- LAUTENBERG, STABENOW, KENNEDY, about foregoing critically needed med- pletely uninsured. The consequences CLINTON, KERRY, MIKULSKI, AKAKA, are unacceptable and are, in fact, dire. ical treatment, stopping medications SALAZAR, and SARBANES. This legisla- In fact, various studies show that and therapy, feeling dismayed and de- tion would phase-out the current 2- death rates among SSDI recipients are pressed about their lives and future, year waiting period that people with highest during the first 2 years of en- and feeling a loss of control over their disabilities must endure after quali- rollment while waiting to be covered lives and independence while in the fying for Social Security Disability In- by Medicare. For example, the Com- waiting period. surance (SSDI). In the interim or as monwealth Fund report, entitled These testimonials and appeals in the waiting period is being phased out, ‘‘Elimination of Medicare’s Waiting support of this legislation are often the bill would also create a process by Period for Seriously Disabled Adults: emotional and intense. Some describe which the Secretary can immediately Impact on Coverage and Costs,’’ 4 per- the waiting period as a ‘‘living night- waive the waiting period for people cent of these people die during the mare’’ and appropriately ask how it is with life-threatening illnesses. waiting period. In other words, it is es- possible that their government is doing When Medicare was expanded in 1972 timated that of the estimated 400,000 this to them. to include people with significant dis- uninsured disabled Americans in the In fact, some have had the unfortu- abilities, lawmakers created the 24- waiting period at any given time, 16,000 nate fate of having received SSI and month waiting period. According to a of them will die awaiting Medicare cov- Medicaid coverage, applied for SSDI, July 2003 report from the Common- erage. Let me repeat . . . 16,000 of the and then lost their Medicaid coverage wealth Fund, it is estimated that over 400,000 uninsured disabled in the wait- because they were not aware that the 1.2 million SSDI beneficiaries are in ing period at any given moment will change in income, when they received the Medicare waiting period at any die while waiting for Medicare cov- SSDI, would push them over the finan- given time, ‘‘all of whom are unable to erage to begin. cial limits for Medicaid. In such a case, work because of their disability and Moreover, this does not factor in the and let me emphasize this point, the most of whom have serious health serious health problems that others ex- government is effectively taking their problems, low incomes, and limited ac- perience while waiting for Medicare health care coverage away because cess to health insurance.’’ coverage during the 2-year period. Al- they are so severely disabled. The stated reason at the time was to though there is no direct data on the Therefore, for some in the waiting limit the fiscal cost of the provision. profile of SSDI beneficiaries in the 2- period, their battle is often as much However, I would assert that there is year waiting period, the Common- with the government as it is with their no reason, be it fiscal or moral, to tell wealth Fund has undertaken a separate medical condition, disease, or dis- people that they must wait longer than analysis of the Medicare Current Bene- ability. 2 years after becoming severely dis- ficiary Survey for 1998 to get a good Nobody could possible think this abled before we provide them access to sense of the demographic characteris- makes any sense. much needed health care. tics, income, and health conditions of House Ways and Means Chairman In fact, it is important to note that this group. BILL THOMAS questioned the rationale there really are actually three waiting According to the analysis, ‘‘. . . 45 of the waiting period in a press con- periods that are imposed upon people percent of nonelderly Medicare bene- ference on April 29, 2005. seeking to qualify for SSDI. First, ficiaries with disabilities had incomes As the Medicare Rights Center has there is the disability determination below the Federal poverty line, and 77 said, ‘‘By forcing Americans with dis- process through the Social Security percent had incomes below 200 percent abilities to wait 24 months for Medi- Administration, which often takes of poverty. Fifth-nine percent reported care coverage, the current law effec- many months or even longer than a that they were in fair or poor health; of tively sentences these people to inad- year in some cases. Second, once a this group, more than 90 percent re- equate health care, poverty, or death worker has been certified as having a ported that they suffered from one or . . . Since disability can strike anyone, severe or permanent disability, they more chronic illnesses, including ar- at any point in life, the 24-month wait- must wait an additional 5 months be- thritis (52 percent), hypertension (46 ing period should be of concern to ev- fore receiving their first SSDI check. percent), mental disorder (36 percent), eryone, not just the millions of Ameri- And third, after receiving that first heart condition (35 percent), chronic cans with disabilities today.’’ SSDI check, there is the 2-year period lung disease (26 percent), cancer (20 Although elimination of the Medi- that people must wait before their percent), diabetes (19 percent), and care waiting period will certainly in- Medicare coverage begins. stroke (12 percent).’’ crease Medicare costs, it is important

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6321 to note that there will be some cor- Furthermore, I would like to commend SUPPORTING ORGANIZATIONS responding decrease in Medicaid costs. Representative GENE GREEN of Texas Acid Maltase Deficiency Association Medicaid, which is financed by both for his introduction of the companion AIDS Foundation of Chicago Federal and State governments, often bill in the House of Representatives The AIDS Institute provides coverage for a subset of dis- and for his work, diligence, and com- AIDS Project Los Angeles abled Americans in the waiting period, mitment to this issue. Air Compassion America I urge passage of this legislation and Alzheimer’s Association as long as they meet certain income American Academy of Audiology and asset limits. Income limits are ask unanimous consent that a fact American Academy of HIV Medicine typically at or below the poverty level, sheet, which includes a list of original American Congress of Rehabilitation Medi- including at just 74 percent of the pov- supporting organizations for the legis- cine (ACRM) erty line in New Mexico, with assets lation, and the text of the bill be print- American Congress of Community Sup- generally limited to just $2,000 for indi- ed in the RECORD. ports and Employment Services (ACCSES) viduals and $3,000 for couples. There being no objection, the mate- American Dance Therapy Association The Commonwealth Fund estimates rials were ordered to be printed in the American Gastroenterological Association that, of the 1.26 million people in the RECORD as follows: American Network of Community Options and Resources FACT SHEET waiting period, 40 percent are enrolled American Occupational Therapy Associa- in Medicaid. As a result, the Common- ENDING THE MEDICARE DISABILITY WAITING tion wealth Fund estimates in the study PERIOD ACT OF 2005 American Psychological Association that Federal Medicaid savings would Senators Jeff Bingaman (D–NM) and Mike Angel Flight Mid-Atlantic offset nearly 30 percent of the in- DeWine (R–OH) are preparing to introduce The Arc of the United States the ‘‘Medicare Disability Waiting Period Act creased costs. Furthermore, States, Association for Community Affiliated of 2005.’’ The bill would, over 10 years, com- Plans which have been struggling financially pletely phase-out the two-year waiting pe- with their Medicaid programs, would Association of University Centers on Dis- riod which Americans with disabilities must abilities (AUCD) reap a windfall that would help them endure before receiving Medicare coverage. Benign Essential Blepharospasm Research better manage their Medicaid pro- The legislation also creates a process by Foundation grams. which the Secretary can immediately waive Brian Tumor Action Network Furthermore, from a continuity of the waiting period for people with life- California Health Advocates threatening illnesses. Center for Medicare Advocacy, Inc. care point of view, it makes little sense When Medicare was expanded in 1972 to in- Coalition for Pulmonary Fibrosis that somebody with disabilities must clude people who have significant disabil- Community Action New Mexico leave their job and their health pro- ities, lawmakers created a ‘‘Medicare wait- Disability Service Providers of America viders associated with that plan, move ing period.’’ Before they can get Medicare (DSPA) coverage, people with disabilities must first on the Medicaid to often have a dif- Empowering Our Communities in New receive Social Security Disability Insurance ferent set of providers, to then switch Mexico (SSDI) for 24 months. Generally, SSDI begins to Medicare and yet another set of pro- Families USA five months after an individual’s disability viders. The cost, both financial and Family Voices has been certified. As a result, people with Gay Men’s Health Crisis personal, of not providing access to disabilities face three consecutive waiting Harm Reduction Coalition care or poorly coordinated care serv- periods prior to getting health coverage: (1) Hereditary Hemorrhagic Telangiectasia ices for these seriously ill people dur- a determination of SSDI approval from the (HHT) Foundation International ing the waiting period may be greater Social Security Administration; (2) a five- HIV Medicine Association month waiting period to receive SSDI; and, in many cases than providing health HIVictorious, Inc., Madison, WI (3) another 24-month waiting period to get coverage. Medicare Rights Center Medicare coverage. And finally, private-sector employers Mercy Medical Airlift and employees in those risk-pools Because of the 24-month Medicare waiting period, an estimated 400,000 Americans with Miami, ACT UP would also benefit from the passage of disabilities are uninsured and many more are National Alliance for the Mentally Ill the bill. As the 2003 report notes, ‘‘. . . underinsured at a time in their lives when (NAMI) to the extent that disabled adults rely the need for health coverage is most dire, National Alliance of State and Territorial on coverage through their prior em- Dale and Verdier, The Commonwealth Fund, AIDS Directors (NASTAD) ployer or their spouse’s employer, July 2003. In fact, various studies show that National Association of Children’s Behav- death rates among SSDI recipients are high- ioral Health eliminating the waiting period would National Association of Councils on Devel- also produce savings to employers who est during the first two years of enrollment, Mauney, AMA, June 2002. For example, ac- opmental Disabilities (NACDD) provide this coverage.’’ National Association of Protection and Ad- To address concerns about costs and cording to the Commonwealth Fund, 4 percent of these people die during the waiting vocacy Systems (NAPAS) immediate impact on the Medicare pro- period. National Ataxia Foundation gram, the legislation phases out the There is an important exception to the 24- National Health Law Program (NHeLP) waiting period over a 10-year period. In month waiting period and that is for individ- National Kidney Foundation the interim, the legislation would cre- uals with amyothrophic lateral sclerosis National Mental Health Association ate a process by which others with life- (ALS), also known as Lou Gehrig’s disease, National Minority AIDS Council and for hospice services. The ALS exception National Organization for Rare Disorders threatening illnesses could also get an (NORD) exception to the waiting period. Con- passed the Congress in December 2000 and went into effect July 1, 2001. National Patient Advocacy Foundation gress has previously extended such an ‘‘Ending the Medicare Waiting Period Act National Women’s Law Center exception to the waiting period for in- of 2005’’ would, over 10 years, phase-out the New Mexico AIDS Services dividuals with amyothrophic lateral waiting period and would also, in the in- New Mexico Medical Society sclerosis (ALS), also known as Lou terim, create a process by which others with New Mexico POZ Coalition Gehrig’s disease, and for hospice serv- life-threatening illnesses, like ALS, could New Mexico Public Health Association ices. The ALS exception passed the also get an exception to the waiting period. North American Brain Tumor Coalition Paralyzed Veterans of America Congress in December 2000 and went As the Medicare Rights Center has said, ‘‘By forcing Americans with disabilities to Power Mobility Coalition into effect July 1, 2001. Thus, the legis- wait 24 months for Medicare coverage, the Reflex Sympathetic Dystrophy Syndrome lation would extend the exception to current law effectively sentences these peo- Association of America all people with life-threatening ill- ple to inadequate health care, poverty or Senior Citizens Law Office, New Mexico nesses in the waiting period. death. . . . Since disability can strike any- Southern New Hampshire HIV/AIDS Task I would like to thank Senator one, at any point in life, the 24-month wait- Force DEWINE and the other original cospon- ing period should be of concern to everyone, Special Olympics sors, including Senators CORZINE, DUR- not just the millions of Americans with dis- The Title II Community AIDS National Network BIN, SCHUMER, JOHNSON, CANTWELL, abilities today.’’ If you have any questions or need addi- United Cerebral Palsy LAUTENBERG, STABENOW, KENNEDY, tional information, please contact Bruce United Spinal Association CLINTON, KERRY, MIKULSKI, AKAKA, Lesley in Senator BINGAMAN’s office at 202– Utah AIDS Foundation SALAZAR, and SARBANES, for supporting 224–5521 or Abby Kral in Senator DEWINE’s Visiting Nurse Associations of America this critically important legislation. office at 202–224–7900. Von Hippel-Lindau Family Alliance

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S. 1217 (3) MEDICARE COVERAGE.—Section 1837(g)(1) tute of Medicine study authorized under this Be it enacted by the Senate and House of Rep- of such Act (42 U.S.C. 1395p(g)(1)) is amended section. resentatives of the United States of America in by striking ‘‘of the later of (A) April 1973 or (c) AUTHORIZATION OF APPROPRIATIONS.— Congress assembled, (B) the third month before the 25th month of There is authorized to be appropriated to SECTION 1. SHORT TITLE; TABLE OF CONTENTS. such entitlement’’ and inserting ‘‘of the carry out this section $750,000 for the period (a) SHORT TITLE.—This Act may be cited as third month before the first month following of fiscal years 2006 and 2007. the ‘‘Ending the Medicare Disability Waiting the waiting period (as defined in section Period Act of 2005’’. 226(k)) applicable under section 226(b)’’. By Mr. KENNEDY (for himself (b) TABLE OF CONTENTS.—The table of con- (4) RAILROAD RETIREMENT SYSTEM.—Section and Mr. DURBIN): tents of this Act is as follows: 7(d)(2)(ii) of the Railroad Retirement Act of S. 1218. A bill to amend the Elemen- Sec. 1. Short title; table of contents. 1974 (45 U.S.C. 231f(d)(2)(ii)) is amended— tary and Secondary Education Act of Sec. 2. Phase-out of waiting period for medi- (A) by striking ‘‘, for not less than 24 1965, the Higher Education Act of 1965, care disability benefits. months’’ and inserting ‘‘, for the waiting pe- and the Internal Revenue Code of 1986 Sec. 3. Elimination of waiting period for in- riod (as defined in section 226(k) of the So- to improve recruitment, preparation, dividuals with life-threatening cial Security Act); and conditions. (B) by striking ‘‘could have been entitled distribution, and retention of public el- Sec. 4. Institute of Medicine study and re- for 24 calendar months, and’’ and inserting ementary and secondary school teach- port on delay and prevention of ‘‘could have been entitled for the waiting peers and principals, and for other pur- disability conditions. riod (as defined is section 226(k) of the Social poses; to the Committee on Finance. SEC. 2. PHASE-OUT OF WAITING PERIOD FOR Security Act), and’’. Mr. KENNEDY. Mr. President, it is a MEDICARE DISABILITY BENEFITS. (d) EFFECTIVE DATE.—Except as provided in privilege to join my distinguished col- (a) IN GENERAL.—Section 226(b) of the So- subsection (c)(1), the amendments made by league, Senator DURBIN, in introducing cial Security Act (42 U.S.C. 426(b)) is amend- this section shall apply to insurance benefits ed— under title XVIII of the Social Security Act the Teacher Excellence for All Children (1) in paragraph (2)(A), by striking ‘‘, and with respect to items and services furnished Act of 2005. Its goal is to bring us closer has for 24 calendar months been entitled to,’’ in months beginning at least 90 days after to giving every child a highly qualified and inserting ‘‘, and for the waiting period the date of the enactment of this Act (but in teacher, and enable more teachers to (as defined in subsection (k)) has been enti- no case earlier than January 1, 2006). obtain the support they need to im- tled to,’’; SEC. 3. ELIMINATION OF WAITING PERIOD FOR prove their instruction. We join our (2) in paragraph (2)(B), by striking ‘‘, and INDIVIDUALS WITH LIFE-THREAT- distinguished colleague Congressman has been for not less than 24 months,’’ and ENING CONDITIONS. EORGE ILLER inserting ‘‘, and has been for the waiting pe- (a) IN GENERAL.—Section 226(h) of the So- G M in this effort, who is riod (as defined in subsection (k)),’’; cial Security Act (42 U.S.C. 426(h)) is amend- introducing this legislation in the (3) in paragraph (2)(C)(ii), by striking ‘‘, ined— House, and commend him for his lead- cluding the requirement that he has been en- (1) by redesignating paragraphs (1), (2), and ership on the issue. titled to the specified benefits for 24 (3) as subparagraphs (A), (B), and (C), respec- One of the major challenges we face months,’’ and inserting ‘‘, including the re- tively; today is to improve the recruitment, quirement that the individual has been enti- (2) in the matter preceding subparagraph preparation, and retention of good tled to the specified benefits for the waiting (A) (as redesignated by paragraph (1)), by in- teachers. Few issues are of greater im- period (as defined in subsection (k)),’’; and serting ‘‘(1)’’ after ‘‘(h)’’; portance to our future than education. (4) in the flush matter following paragraph (3) in paragraph (1) (as designated by para- (2)(C)(ii)(II)— graph (2))— The Nation is strongest when our (A) in the first sentence, by striking ‘‘for (A) in the matter preceding subparagraph schools are strongest—when all stu- each month beginning with the later of (I) (A) (as redesignated by paragraph (1)), by in- dents can attend good schools with July 1973 or (II) the twenty-fifth month of serting ‘‘or any other life-threatening condi- good teachers to help them learn. In his entitlement or status as a qualified rail- tion identified by the Secretary’’ after this new era of globalization, a well- road retirement beneficiary described in ‘‘amyotrophic lateral sclerosis (ALS)’’; and educated citizenry and well-skilled paragraph (2), and’’ and inserting ‘‘for each (4) in subparagraph (B) (as redesignated by workforce are essential to our role in month beginning after the waiting period (as paragraph (1)), by striking ‘‘(rather than the world. so defined) for which the individual satisfies twenty-fifth month)’’; and paragraph (2) and’’; (5) by adding at the end the following new We owe a great debt to America’s (B) in the second sentence, by striking paragraph: teachers. They work day in and day out ‘‘the ‘twenty-fifth month of his entitlement’ ‘‘(2) For purposes of identifying life-threat- to give children a decent education. refers to the first month after the twenty- ening conditions under paragraph (1), the Teachers are on the front lines in the fourth month of entitlement to specified Secretary shall compile a list of conditions Nation’s schools, and at the forefront benefits referred to in paragraph (2)(C) and’’; that are fatal without medical treatment. In of the constant effort to improve public and compiling such list, the Secretary shall con- education. It is their vision, energy, sult with the Director of the National Insti- (C) in the third sentence, by striking ‘‘, but hard work, and dedication that will not in excess of 78 such months’’. tutes of Health (including the Office of Rare (b) SCHEDULE FOR PHASE-OUT OF WAITING Diseases), the Director of the Centers for make all the difference in successfully PERIOD.—Section 226 of the Social Security Disease Control and Prevention, the Director meeting this challenge. Act (42 U.S.C. 426) is amended by adding at of the National Science Foundation, and the We took a major step forward in the the end the following new subsection: Institute of Medicine of the National Acad- No Child Left Behind Act and its rec- ‘‘(k) For purposes of subsection (b) (and for emy of Sciences.’’. ognition that all students deserve first- purposes of section 1837(g)(1) of this Act and (b) EFFECTIVE DATE.—The amendments rate teachers to help them reach their section 7(d)(2)(ii) of the Railroad Retirement made by this section shall apply to insurance potential and succeed in life. This act Act of 1974), the term ‘waiting period’ benefits under title XVIII of the Social Secu- means— rity Act with respect to items and services made a bold national commitment to ‘‘(1) for 2006, 18 months; furnished in months beginning at least 90 guarantee a highly qualified teacher in ‘‘(2) for 2007, 16 months; days after the date of the enactment of this every classroom. But to reach that ‘‘(3) for 2008, 14 months; Act (but in no case earlier than January 1, goal, we need to recruit, train, retain ‘‘(4) for 2009, 12 months; 2006). and support our teachers. The TEACH ‘‘(5) for 2010, 10 months; SEC. 4. INSTITUTE OF MEDICINE STUDY AND RE- Act addresses four specific challenges ‘‘(6) for 2011, 8 months; PORT ON DELAY AND PREVENTION head on: to increase the supply of out- ‘‘(7) for 2012, 6 months; OF DISABILITY CONDITIONS. standing teachers; to ensure all chil- ‘‘(8) for 2013, 4 months; (a) STUDY.—The Secretary of Health and ‘‘(9) for 2014, 2 months; and Human Services (in this section referred to dren have teachers with expertise in ‘‘(10) for 2015 and each subsequent year, 0 as the ‘‘Secretary’’) shall request that the the subjects they teach; to improve months.’’. Institute of Medicine of the National Acad- teaching by identifying and rewarding (c) CONFORMING AMENDMENTS.— emy of Sciences conduct a study on the the best practices and expanding pro- (1) SUNSET.—Effective January 1, 2015, sub- range of disability conditions that can be de- fessional development opportunities; section (f) of section 226 of the Social Secu- layed or prevented if individuals receive ac- and to help schools retain teachers and rity Act (42 U.S.C. 426) is repealed. cess to health care services and coverage be- principals by providing the support (2) MEDICARE DESCRIPTION.—Section 1811(2) fore the condition reaches disability levels. of such Act (42 U.S.C. 1395c(2)) is amended by (b) REPORT.—Not later than the date that they need to succeed. striking ‘‘entitled for not less than 24 is 2 years after the date of enactment of this Since enrollment in public schools months’’ and inserting ‘‘entitled for the Act, the Secretary shall submit to Congress has reached an all-time high of 53 mil- waiting period (as defined in section 226(k))’’. a report containing the results of the Insti- lion students, and is expected to keep

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6323 increasing over the next decade, addi- efforts so that they stay in the class- America entrusts her most precious re- tional highly qualified teachers are room. source, her children; and asks that they be needed to meet the growing demand. Because schools compete for the best prepared, in all their glorious diversity, to Many schools face a teacher crisis, teachers, the bill provides funding to face the rigors of individual participation in a democratic society. particularly in our poorest commu- school districts to reward teachers who nities. Currently, there are approxi- transfer to schools with the greatest We must do all in our power to help mately 3 million public school teachers challenges, and provides incentives for them in this endeavor. across the country. Two million new, teachers working in math, science, and I urge my colleagues to join in sup- qualified teachers will be needed in the special education. porting this bill and I ask unanimous next 10 years to serve the growing stu- The TEACH Act also establishes a consent that the text of the bill be dent population. Yet we are not even framework to develop and use the sys- printed in the RECORD. There being no objection, the bill was retaining the teachers we have today. tems needed at the State and local lev- ordered to be printed in the RECORD, as A third of all teachers leave during els to identify and improve teacher ef- follows: their first 3 years, and almost half fectiveness and recognize exceptional leave during the first 5 years. teaching in the classroom. States will S. 1218 Too often, teachers also lack the develop data systems to track student Be it enacted by the Senate and House of Rep- training and support needed to do well progress and relate it to the level of in- resentatives of the United States of America in Congress assembled, in the classroom. They are paid on av- struction provided in the classroom. SECTION 1. SHORT TITLE. erage almost $8,000 less than graduates The bill also encourages the develop- This Act may be cited as the ‘‘Teacher Ex- in other fields, and the gap widens to ment of model teacher advancement cellence for All Children Act of 2005’’. more than $23,000 after 15 years of programs with competitive compensa- SEC. 2. TABLE OF CONTENTS. teaching. Thirty-seven percent of tion structures that recognize and re- The table of contents of this Act is as fol- teachers cite low salaries as a main ward different roles, responsibilities, lows: factor for leaving the classroom before knowledge, skills and positive results. Sec. 1. Short title. retirement. Too often, teachers lack the training Sec. 2. Table of contents. Sec. 3. Findings. The TEACH Act will do more to re- they need before reaching the class- cruit and retain highly qualified teach- room. On the job, they have few TITLE I—RECRUITING TALENTED NEW TEACHERS ers—particularly in schools and sub- sources of support to meet the chal- Sec. 101. Amendments to Higher Education jects where they are needed the most. lenges they face in the classroom, and Act of 1965. The bill provides financial incentives few opportunities for ongoing profes- Sec. 102. Extending and expanding teacher to encourage talented persons to enter sional development to expand their loan forgiveness. and remain in the profession and it of- skills. The bill responds to the needs of TITLE II—CLOSING THE TEACHER fers higher salaries, tax breaks, and teachers in their first years in the DISTRIBUTION GAP greater loan forgiveness. classroom by creating new and innova- Sec. 201. Grants to local educational agen- To attract motivated and talented tive teacher induction models that use cies to provide premium pay to individuals to teaching, the bill pro- proven strategies to support beginning teachers in high-need schools. vides up-front tuition assistance— teachers. New teachers will have access TITLE III—IMPROVING TEACHER $4,000 per year—to high-performing un- to mentoring, opportunities for cooper- PREPARATION dergraduate students who agree to ative planning with their peers, and a Sec. 301. Amendment to Elementary and commit to teach for 4 years in high- special transition year to ease into the Secondary Education Act of need areas and in subjects such as pressures of entering the classroom. 1965. Sec. 302. Amendment to the Higher Edu- math, science, and special education. Veteran teachers will have an oppor- cation Act of 1965: Teacher One of our greatest challenges in tunity to improve their skills through Quality Enhancement Grants. school reform today is to equalize the peer mentoring and review. Other sup- Sec. 303. Enforcing NCLB’s teacher equity playing field, so that the neediest stu- port includes professional development provision. dents have access to the best teachers delivered through teaching centers to TITLE IV—EQUIPPING TEACHERS, to help them succeed. Research shows improve training and working condi- SCHOOLS, LOCAL EDUCATIONAL AGEN- that good teachers are the single most tions for teachers. CIES, AND STATES WITH THE 21ST CEN- important factor in the success of chil- Since good leadership is also essen- TURY DATA, TOOLS, AND ASSESS- dren in school, both academically and tial for schools, the bill provides im- MENTS THEY NEED developmentally. Children with good portant incentives and support for Sec. 401. 21st Century Data, Tools, and As- sessments. instruction can reach new heights principals by raising standards and im- Sec. 402. Collecting national data on dis- through the hard work, vision, and en- proving recruitment and training for tribution of teachers. ergy of their teachers. Good teaching them as well. TITLE V—RETENTION: KEEPING OUR helps overcome the harmful effects of This legislation was developed with BEST TEACHERS IN THE CLASSROOM poverty and other disadvantages on the help of a broad and diverse group of Sec. 501. Amendment to Elementary and student learning. educational professionals and experts, Secondary Education Act of Unfortunately, we still have a long including the Alliance for Excellent 1965. way to go. In high-poverty schools, Education, the American Federation of Sec. 502. Exclusion from gross income of teacher turnover is 33 percent higher Teachers, the Business Roundtable, the compensation of teachers and than in other schools. In the poorest Center for American Progress Action principals in certain high-need middle schools and high schools, stu- Fund, the Children’s Defense Fund, the schools or teaching high-need subjects. dents are 77 percent more likely to be Education Trust, the National Council Sec. 503. Above-the-line deduction for cer- assigned an out-of-field teacher. Al- on Teacher Quality, the National Coun- tain expenses of elementary most a third of classes are taught by cil of La Raza, the National Education and secondary school teachers teachers with no background in the Association, New Leaders for New increased and made permanent. subject—no major degree, no minor de- Schools, the New Teacher Center, Oper- TITLE VI—MISCELLANEOUS PROVISIONS gree, no certification. ation Public Education, the Teacher Sec. 601. Conforming amendments. Despite our past efforts, this problem Advancement Program Foundation, SEC. 3. FINDINGS. is worsening. In most academic sub- Teach for America and the Teaching The Congress finds as follows: jects, the percentage of secondary Commission. I thank them for their (1) There are not enough qualified teachers school teachers ‘‘out-of-field’’—those help and their work on behalf of our in the Nation’s classrooms, and an unprece- teaching a class in which they do not Nation’s children. dented number of teachers will retire over have a major, a minor, or a certifi- the next 5 years. Over the next decade, the As Shirley Mount Hufstedler, the Nation will need to bring 2,000,000 new teach- cation—increased from 1993 to 2000. first United States Secretary of Edu- ers into public schools. Clearly, we must do a better job of at- cation, has said: (2) Too many teachers and principals do tracting better teachers to the neediest The role of the teacher remains the highest not receive adequate preparation for their classrooms and do more to reward their calling of a free people. To the teacher, jobs.

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(3) More than one-third of children in ‘‘(2) REFERENCE.—Grants made under this ‘‘(2) GRADUATE STUDENTS.—The period dur- grades 7–12 are taught by a teacher who part shall be known as ‘Teacher Education ing which a graduate student may receive lacks both a college major and certification Assistance for College and Higher Education TEACH Grants shall be the period required in the subject being taught. Rates of ‘‘out-of- Grants’ or ‘TEACH Grants’. for the completion of a master’s degree field teaching’’ are especially high in high- ‘‘(b) PAYMENT METHODOLOGY.— course of study being pursued by that stu- poverty schools. ‘‘(1) PREPAYMENT.—Not less than 85 per- dent at the institution at which the student (4) Seventy percent of mathematics classes cent of such sums shall be advanced to eligi- is in attendance, except that the total in high-poverty middle schools are assigned ble institutions prior to the start of each amount that a student may receive under to teachers without even a minor in mathe- payment period and shall be based upon an this part for graduate study shall not exceed matics or a related field. amount requested by the institution as need- $8,000. (5) Teacher turnover is a serious problem, ed to pay eligible students until such time as ‘‘(3) REMEDIAL COURSE; STUDY ABROAD.— particularly in urban and rural areas. Over the Secretary determines and publishes in Nothing in this section shall exclude from one-third of new teachers leave the profes- the Federal Register with an opportunity for eligibility courses of study that are non- sion within their first 3 years of teaching, comment, an alternative payment system credit or remedial in nature (including and 14 percent of new teachers leave the field that provides payments to institutions in an courses in English language acquisition) that within the first year. After 5 years—the av- accurate and timely manner, except that are determined by the institution to be nec- erage time it takes for teachers to maximize this sentence shall not be construed to limit essary to help the student be prepared for students’ learning—half of all new teachers the authority of the Secretary to place an the pursuit of a first undergraduate bacca- will have exited the profession. Rates of institution on a reimbursement system of laureate degree or certificate or, in the case teacher attrition are highest in high-poverty payment. of courses in English language instruction, schools. Between 2000 and 2001, 1 out of 5 ‘‘(2) DIRECT PAYMENT.—Nothing in this sec- to be necessary to enable the student to uti- teachers in the Nation’s high-poverty tion shall be interpreted to prohibit the Sec- lize already existing knowledge, training, or schools either left to teach in another school retary from paying directly to students, in skills. Nothing in this section shall exclude or dropped out of teaching altogether. advance of the beginning of the academic from eligibility programs of study abroad (6) Fourth graders who are poor score dra- term, an amount for which they are eligible, that are approved for credit by the home in- matically lower on the National Assessment in cases where the eligible institution elects stitution at which the student is enrolled. of Educational Progress (NAEP) than their not to participate in the disbursement sys- ‘‘SEC. 233. ELIGIBILITY AND APPLICATIONS FOR counterparts who are not poor. Over 85 per- tem required by paragraph (1) . GRANTS. ‘‘(a) APPLICATIONS; DEMONSTRATION OF ELI- cent of fourth graders who are poor failed to ‘‘(3) DISTRIBUTION OF GRANTS TO STU- GIBILITY.— attain NAEP proficiency standards in 2003. DENTS.—Payments under this part shall be ‘‘(1) FILING REQUIRED.—The Secretary shall (7) African-American, Latino, and low-in- made, in accordance with regulations pro- from time to time set dates by which stu- come students are much less likely than mulgated by the Secretary for such purpose, dents shall file applications for TEACH other students to have highly-qualified in such manner as will best accomplish the teachers. Grants under this part. Each student desir- purposes of this part. Any disbursement al- ing a TEACH Grant for any year shall file an (8) Research shows that individual teachers lowed to be made by crediting the student’s have a great impact on how well their stu- application therefore containing such infor- account shall be limited to tuition and fees mation and assurances as the Secretary may dents learn. The most effective teachers have and, in the case of institutionally owned been shown to be able to boost their pupils’ deem necessary to enable the Secretary to housing, room and board. The student may carry out the functions and responsibilities learning by a full grade level relative to stu- elect to have the institution provide other dents taught by less effective teachers. of this part. such goods and services by crediting the stu- ‘‘(2) DEMONSTRATION OF ELIGIBILITY.—Each (9) Although nearly half (42 percent) of all dent’s account. teachers hold a master’s degree, fewer than 1 such application shall contain such informa- ‘‘(c) REDUCTIONS IN AMOUNT.— in 4 secondary teachers have a master’s de- tion as is necessary to demonstrate that— ‘‘(1) PART TIME STUDENTS.—In any case ‘‘(A) if the applicant is an enrolled stu- gree in the subject they teach. where a student attends an institution of (10) Young people with high SAT and ACT dent— higher education on less than a full-time ‘‘(i) the student is an eligible student for scores are much less likely to choose teach- basis (including a student who attends an in- ing as a career. Those who have higher SAT purposes of section 484 (other than sub- stitution of higher education on less than a section (r) of such section); or ACT scores are twice as likely to leave half-time basis) during any academic year, the profession after only a few years. ‘‘(ii) the student— the amount of the TEACH Grant to which ‘‘(I) has a grade point average that is de- (11) Only 16 States finance new teacher in- that student is eligible shall be reduced in duction programs, and fewer still require in- termined, under standards prescribed by the proportion to the degree to which that stu- Secretary, to be comparable to a 3.25 average ductees to be matched with mentors who dent is not so attending on a full-time basis, teach the same subject. on a zero to 4.0 scale, except that, if the stu- in accordance with a schedule of reductions dent is in the first year of a program of un- TITLE I—RECRUITING TALENTED NEW established by the Secretary for the purpose dergraduate education, such grade point av- TEACHERS of this part, computed in accordance with erage shall be determined on the basis of the SEC. 101. AMENDMENTS TO HIGHER EDUCATION this part. Such schedule of reductions shall student’s cumulative high school grade point ACT OF 1965. be established by regulation and published in average; or (a) TEACH GRANTS.—Title II of the Higher the Federal Register in accordance with sec- ‘‘(II) displayed high academic aptitude by Education Act of 1965 (20 U.S.C. 1021 et seq.) tion 482 of this Act. receiving a score above the 75th percentile is amended by adding at the end the fol- ‘‘(2) NO EXCEEDING COST.—No TEACH Grant on at least one of the batteries in an under- lowing new part: for a student under this part shall exceed the graduate or graduate school admissions test; ‘‘PART C—TEACH GRANTS cost of attendance (as defined in section 472) and ‘‘SEC. 231. PURPOSES. at the institution at which such student is in ‘‘(iii) the student is completing coursework ‘‘The purposes of this part are— attendance. If, with respect to any student, and other requirements necessary to begin a ‘‘(1) to improve student academic achieve- it is determined that the amount of a career in teaching, or plans to complete such ment; TEACH Grant exceeds the cost of attendance coursework and requirements prior to grad- ‘‘(2) to help recruit and prepare teachers to for that year, the amount of the TEACH uating; or meet the national demand for a highly quali- Grant shall be reduced until the TEACH ‘‘(B) if the applicant is a current or pro- fied teacher in every classroom; and Grant does not exceed the cost of attendance spective teacher applying for a grant to ob- ‘‘(3) to increase opportunities for Ameri- at such institution. tain a graduate degree— cans of all educational, ethnic, class, and ge- ‘‘(d) PERIOD OF ELIGIBILITY FOR GRANTS.— ‘‘(i) the applicant is a teacher or a retiree ographic backgrounds to become highly ‘‘(1) UNDERGRADUATE STUDENTS.—The pe- from another occupation with expertise in a qualified teachers. riod during which an undergraduate student field in which there is a shortage of teachers, ‘‘SEC. 232. PROGRAM ESTABLISHED. may receive TEACH Grants shall be the pe- such as mathematics, science, special edu- ‘‘(a) PROGRAM AUTHORITY.— riod required for the completion of the first cation, English language acquisition, or an- ‘‘(1) PAYMENTS REQUIRED.—For each of the undergraduate baccalaureate course of study other high-need subject; or fiscal years 2006 through 2013, the Secretary being pursued by that student at the institu- ‘‘(ii) the applicant is or was a teacher who shall pay to each eligible institution such tion at which the student is in attendance, is using high-quality alternative certifi- sums as may be necessary to pay to each eli- except that— cation routes, such as Teach for America, to gible student (defined in accordance with ‘‘(A) any period during which the student get certified. section 484) who files an application and is enrolled in a noncredit or remedial course ‘‘(b) AGREEMENTS TO SERVE.—Each applica- agreement in accordance with section 233, of study, subject to paragraph (3), shall not tion under subsection (a) shall contain or be and qualifies under subsection (a)(2) of such be counted for the purpose of this paragraph; accompanied by an agreement by the appli- section, a TEACH Grant in the amount of and cant that— $4,000 for each academic year during which ‘‘(B) the total amount that a student may ‘‘(1) the applicant will— that student is in attendance at an institu- receive under this part for undergraduate ‘‘(A) serve as a full-time teacher for a total tion of higher education. study shall not exceed $16,000. of not less than 4 academic years within 8

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6325 years after completing the course of study come teachers with high-quality instruc- ‘‘(A) after each of the first and second for which the applicant received a TEACH tional strategies for teaching reading and years of service by an individual in a posi- Grant under this part; teaching the English language to students tion qualifying under paragraph (3), 15 per- ‘‘(B) teach— with limited English proficiency, and for cent of the total amount of principal and in- ‘‘(i) in a school described in section modifying instruction to teach students with terest of the loans described in paragraph (1) 465(a)(2)(A); and special needs; to such individual that are outstanding im- ‘‘(ii) in any of the following fields: mathe- ‘‘(3) may be used to integrate school of mediately preceding such first year of such matics, science, a foreign language, bilingual education faculty with other arts and service; education, or special education, or as a read- science faculty in mathematics, science, for- ‘‘(B) after each of the third and fourth ing specialist, or another field documented eign languages, and teaching the English years of such service, 20 percent of such total as high-need by the Federal Government, language to students with limited English amount; and State government, or local education agency proficiency through steps such as— ‘‘(C) after the fifth year of such service, 30 and submitted to the Secretary; ‘‘(A) dual appointments for faculty be- percent of such total amount.’’. ‘‘(C) submit evidence of such employment tween schools of education and schools of (2) DIRECT LOANS.—Section 460(c) of the in the form of a certification by the chief ad- arts and science; and Higher Education Act of 1965 (20 U.S.C. ministrative officer of the school upon com- ‘‘(B) integrating coursework with clinical 1087j(c)) is amended by adding at the end the pletion of each year of such service; and experience; and following: ‘‘(D) comply with the requirements for ‘‘(4) may be used to develop strategic plans ‘‘(4) ANNUAL INCREMENTS.—Notwith- being a highly qualified teacher as defined in between schools of education and local standing paragraph (1), in the case of an indi- section 9101 of the Elementary and Sec- school districts to better prepare teachers vidual qualifying for loan cancellation under ondary Education Act of 1965; and for high-need schools, including the creation paragraph (3), the Secretary shall, in lieu of ‘‘(2) in the event that the applicant is de- of professional development partnerships for waiting to assume an obligation only upon termined to have failed or refused to carry training new teachers in state-of-the-art completion of 5 complete years of service, as- out such service obligation, the sum of the practice. sume the obligation to repay— amounts of such Teach Grants will be treat- ‘‘SEC. 242. AUTHORIZATION OF APPROPRIATIONS. ‘‘(A) after each of the first and second ed as a loan and collected from the applicant ‘‘There are authorized to be appropriated years of service by an individual in a posi- in accordance with subsection (c) and the to make grants under this part $200,000,000 tion qualifying under paragraph (3), 15 per- regulations thereunder. for fiscal year 2006 and such sums as may be cent of the total amount of principal and in- ‘‘(c) REPAYMENT FOR FAILURE TO COMPLETE necessary for each of the 5 succeeding fiscal terest of the loans described in paragraph (1) SERVICE.—In the event that any recipient of years.’’. to such individual that are outstanding im- a TEACH Grant fails or refuses to comply (c) PART A AUTHORIZATION.—Section 210 of mediately preceding such first year of such with the service obligation in the agreement the Higher Education Act of 1965 (20 U.S.C. service; under subsection (b), the sum of the amounts 1030) is amended— ‘‘(B) after each of the third and fourth of such Grants provided to such recipient (1) by striking ‘‘$300,000,000 for fiscal year years of such service, 20 percent of such total shall be treated as a Direct Loan under part 1999’’ and inserting ‘‘$400,000,000 for fiscal amount; and D of title IV, and shall be subject to repay- year 2006’’; and ‘‘(C) after the fifth year of such service, 30 ment in accordance with terms and condi- (2) by striking ‘‘4 succeeding’’ and insert- percent of such total amount.’’. tions specified by the Secretary in regula- ing ‘‘5 succeeding’’. tions promulgated to carry out this part.’’. TITLE II—CLOSING THE TEACHER (b) RECRUITING TEACHERS WITH MATHE- SEC. 102. EXTENDING AND EXPANDING TEACHER DISTRIBUTION GAP LOAN FORGIVENESS. MATICS, SCIENCE, OR LANGUAGE MAJOR.—Title SEC. 201. GRANTS TO LOCAL EDUCATIONAL II of the Higher Education Act of 1965 (20 (a) PERMANENT EXTENSION.—Section 3(b)(3) AGENCIES TO PROVIDE PREMIUM U.S.C. 1021 et seq.), as amended by sub- of the Taxpayer-Teacher Protection Act of PAY TO TEACHERS IN HIGH-NEED section (a), is further amended by adding at 2004 (P.L. 108–409; 118 Stat. 2300) is amended SCHOOLS. the end the following: by striking ‘‘1998, and before October 1, 2005’’ Title II of the Elementary and Secondary ‘‘PART D—RECRUITING TEACHERS WITH and inserting ‘‘1998’’. Education Act of 1965 (20 U.S.C. 6601 et seq.) MATHEMATICS, SCIENCE, OR LANGUAGE (b) INCREASED AMOUNT; APPLICABILITY OF is amended by adding at the end the fol- MAJORS EXPANDED PROGRAM TO READING SPE- lowing: CIALIST.—Sections 428J(c)(3) and 460(c)(3) of ‘‘SEC. 241. PROGRAM AUTHORIZED. ‘‘PART E—TEACHER EXCELLENCE FOR the Higher Education Act of 1965 (20 U.S.C. ‘‘(a) GRANTS AUTHORIZED.—From the ALL CHILDREN 1078–10(c)(3), 1087j(c)(3)) are each amended— amounts appropriated under section 242, the ‘‘SEC. 2500. DEFINITIONS. Secretary shall make competitive grants to (1) by striking ‘‘$17,500’’ and inserting institutions of higher education to improve ‘‘$20,000’’; ‘‘In this part: the availability and recruitment of teachers (2) by striking ‘‘and’’ at the end of subpara- ‘‘(1) The term ‘high-need local educational from among students majoring in mathe- graph (A)(ii); agency’ means a local educational agency— matics, science, foreign languages, special (3) by striking the period at the end of sub- ‘‘(A) that serves not fewer than 10,000 chil- education, or teaching the English language paragraph (B)(iii) and inserting ‘‘; and’’; and dren from families with incomes below the to students with limited English proficiency. (4) by adding at the end the following new poverty line, or for which not less than 20 In making such grants, the Secretary shall subparagraph: percent of the children served by the agency give priority to programs that focus on pre- ‘‘(C) an elementary or secondary school are from families with incomes below the paring teachers in subjects in which there is teacher who primarily teaches reading and poverty line; and a shortage of highly qualified teachers and who— ‘‘(B) that is having or expected to have dif- that prepare students to teach in high-need ‘‘(i) has obtained a separate reading in- ficulty filling teacher vacancies or hiring schools. struction credential from the State in which new teachers who are highly qualified. ‘‘(b) APPLICATION.—Any institution of the teacher is employed; and ‘‘(2) The term ‘value-added longitudinal higher education desiring to obtain a grant ‘‘(ii) is certified by the chief administra- data system’ means a longitudinal data sys- under this part shall submit to the Secretary tive officer of the public or nonprofit private tem for determining value-added student an application at such time, in such form, elementary school or secondary school in achievement gains. and containing such information and assur- which the borrower is employed to teach ‘‘(3) The term ‘value-added student ances as the Secretary may require, which reading— achievement gains’ means student achieve- shall— ‘‘(I) as being proficient in teaching the es- ment gains determined by means of a system ‘‘(1) include reporting on baseline produc- sential components of reading instruction, as that— tion of teachers with expertise in mathe- defined in section 1208 of the Elementary and ‘‘(A) is sufficiently sophisticated and matics, science, a foreign language, or teach- Secondary Education Act of 1965; and valid— ing English language learners; and ‘‘(II) as having such credential.’’. ‘‘(i) to deal with the problem of students ‘‘(2) establish a goal and timeline for in- (c) ANNUAL INCREMENTS INSTEAD OF END OF with incomplete records; creasing the number of such teachers who SERVICE LUMP SUMS.— ‘‘(ii) to enable estimates to be precise and are prepared by the institution. (1) FFEL LOANS.—Section 428J(c) of the to use all the data for all students in mul- ‘‘(c) USE OF FUNDS.—Funds made available Higher Education Act of 1965 (20 U.S.C. 1078– tiple years, regardless of sparseness, in order by a grant under this part— 10(c)) is amended by adding at the end the to avoid measurement error in test scores ‘‘(1) shall be used to create new recruit- following: (such as by using multivariate, longitudinal ment incentives to teaching from other ma- ‘‘(4) ANNUAL INCREMENTS.—Notwith- analyses); and jors, with an emphasis on high-need subjects standing paragraph (1), in the case of an indi- ‘‘(iii) to protect against inappropriate test- such as mathematics, science, foreign lan- vidual qualifying for loan forgiveness under ing practices or improprieties in test admin- guages, and teaching the English language to paragraph (3), the Secretary shall, in lieu of istration; students with limited English proficiency; waiting to assume an obligation only upon ‘‘(B) includes a way to acknowledge the ex- ‘‘(2) may be used to upgrade curriculum in completion of 5 complete years of service, as- istence of influences on student growth, such order to provide all students studying to be- sume the obligation to repay— as pull-out programs for support beyond

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6326 CONGRESSIONAL RECORD — SENATE June 9, 2005 standard delivery of instruction, so that af- ‘‘(2) An assurance that the agency will— than 65 percent of the children are from low- fected teachers do not receive an unfair ad- ‘‘(A) pay matching funds for the program income families, based on the number of vantage; and carried out with the grant, which matching children eligible for free and reduced priced ‘‘(C) has the capacity to assign various pro- funds may be derived from funds received lunches under the Richard B. Russell Na- portions of student growth to multiple under other provisions of this title; tional School Lunch Act, or in which not teachers when the classroom reality, such as ‘‘(B) commit to making the program sus- less than 65 percent of the children enrolled team teaching and departmentalized instruc- tainable over time; are from such families. tion, makes such type of instruction an ‘‘(C) create incentives to bring a critical ‘‘(2) The term ‘documented shortage of issue. mass of exemplary, highly qualified teachers teachers’— ‘‘Subpart 1—Distribution to each school whose teachers will receive ‘‘(A) means a shortage of teachers docu- assistance under this section; ‘‘SEC. 2501. PREMIUM PAY; LOAN REPAYMENT. mented in the needs assessment submitted ‘‘(D) improve the school’s working condi- ‘‘(a) GRANTS.—The Secretary shall make under section 2122 by the local educational tions through activities that may include grants to local educational agencies to pro- agency involved or some other official dem- vide higher salaries to exemplary, highly but are not limited to— onstration of shortage by the local education qualified principals and exemplary, highly ‘‘(i) reducing class size; agency; and qualified teachers with at least 3 years of ex- ‘‘(ii) ensuring availability of classroom ‘‘(B) may include such a shortage in math- perience, including teachers certified by the materials, textbooks, and other supplies; ematics, science, a foreign language, special National Board for Professional Teaching ‘‘(iii) improving or modernizing facilities; education, bilingual education, or reading. Standards, if the principal or teacher agrees and ‘‘(3) The term ‘exemplary, highly qualified to serve full-time for a period of 4 consecu- ‘‘(iv) upgrading safety; and principal’ means a principal who— tive school years at a public high-need ele- ‘‘(E) accelerate the timeline for hiring new ‘‘(A) demonstrates a belief that every stu- mentary school or a public high-need sec- teachers in order to minimize the with- dent can achieve at high levels; ondary school. drawal of high-quality teacher applicants ‘‘(B) demonstrates an ability to drive sub- ‘‘(b) USE OF FUNDS.—A local educational and secure the best new teacher talent for stantial gains in academic achievement for agency that receives a grant under this sec- their hardest-to-staff schools. all students while closing the achievement tion may use funds made available through ‘‘(3) An assurance that, in identifying ex- gap for those farthest from meeting stand- the grant— emplary teachers, the system described in ards; ‘‘(1) to provide to exemplary, highly quali- paragraph (1) will take into consideration— ‘‘(C) uses data to drive instructional im- fied principals up to $15,000 as an annual ‘‘(A) growth of the teacher’s students on provement; bonus for each of 4 consecutive school years any tests required by the State educational ‘‘(D) provides ongoing support and develop- if the principal commits to work full-time agency; ment for teachers; and for such period in a public high-need elemen- ‘‘(B) value-added student achievement ‘‘(E) builds a positive school community, tary school or a public high-need secondary gains if such teacher is in a State that uses treating every student with respect and rein- school; and a value-added longitudinal data system; forcing high expectations for all. ‘‘(2) to provide to exemplary, highly quali- ‘‘(C) National Board for Professional ‘‘(4) The term ‘exemplary, highly qualified fied teachers— Teaching Standards certification; and teacher’ means a highly qualified teacher ‘‘(A) up to $10,000 as an annual bonus for ‘‘(D) evidence of teaching skill documented who is rated as exemplary pursuant to a sys- each of 4 consecutive school years if the in performance-based assessments. tem described in subsection (e). ‘‘(g) HIRING HIGHLY QUALIFIED TEACHERS teacher commits to work full-time for such ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— EARLY AND IN A TIMELY MANNER.— period in a public high-need elementary To carry out this section, there are author- ‘‘(1) IN GENERAL.—In addition to the re- school or a public high-need secondary ized to be appropriated $2,200,000,000 for fiscal quirements of subsection (f), an application school; or year 2006 and such sums as may be necessary under such subsection shall include a de- ‘‘(B) up to $12,500 as an annual bonus for for each of the 5 succeeding fiscal years. scription of the steps the local educational each of 4 consecutive school years if the ‘‘SEC. 2502. CAREER LADDERS FOR TEACHERS teacher commits to work full-time for such agency will take to enable all or a subset of the agency’s schools to hire new highly PROGRAM. period teaching a subject for which there is ‘‘(a) GRANTS.—The Secretary may make a documented shortage of teachers in a pub- qualified teachers early and in a timely manner, including— grants to local educational agencies to es- lic high-need elementary school or a public tablish and implement a Career Ladders for high-need secondary school. ‘‘(A) requiring a clear and early notification date for retiring teachers that is no Teachers Program in which the agency— ‘‘(c) TIMING OF PAYMENT.—A local edu- ‘‘(1) augments the salary of teachers in cational agency providing an annual bonus later than March 15 each year; high-need elementary schools and high-need to a principal or teacher under subsection (b) ‘‘(B) providing schools with their staffing secondary schools to correspond to the in- shall pay the bonus on completion of the allocations no later than April of the pre- creasing responsibilities and leadership roles service requirement by the principal or ceding school year; assumed by the teachers as they take on new teacher for the applicable year. ‘‘(C) enabling schools to consider external professional roles (such as serving on school ‘‘(d) GRANT PERIOD.—The Secretary shall candidates at the same time as internal can- make grants under this section in yearly in- didates for available positions; leadership teams, serving as instructional stallments for a total period of 4 years. ‘‘(D) moving up the teacher transfer period coaches, and serving in hybrid roles), includ- ‘‘(e) OBSERVATION, FEEDBACK, AND EVALUA- to April and not requiring schools to hire ing by— TION.—The Secretary may make a grant to a transferring or ‘excessed’ teachers from ‘‘(A) providing up to $10,000 as an annual local educational agency under this section other schools without selection and consent; augmentation to master teachers (including only if the State in which the agency is lo- and teachers serving as master teachers as part cated or the agency has in place or proposes ‘‘(E) establishing and implementing a new of a state-of the-art teacher induction pro- a plan, developed on a collaborative basis principal accountability framework to en- gram under section 2511); and with the local teacher organization, to de- sure that principals with increased hiring ‘‘(B) providing up to $5,000 as an annual velop a system in which principals and, if authority are improving teacher quality. augmentation to mentor teachers (including available, master teachers rate teachers as ‘‘(2) RULE OF CONSTRUCTION.—Nothing in teachers serving as mentor teachers as part exemplary. Such a system shall be— this subsection shall be construed to alter or of a state-of-the-art teacher induction pro- ‘‘(1) based on strong learning gains for stu- otherwise affect the rights, remedies, and gram under section 2511); dents; procedures afforded school or district em- ‘‘(2) provides up to $4,000 as an annual ‘‘(2) based on classroom observation and ployees under Federal, State, or local laws bonus to all career teachers, master teach- feedback at least four times annually; (including applicable regulations or court or- ers, and mentor teachers in high-need ele- ‘‘(3) conducted by multiple sources, includ- ders) or under the terms of collective bar- mentary schools and high-need secondary ing master teachers and principals; and gaining agreements, memoranda of under- schools based on a combination of— ‘‘(4) evaluated against research-validated standing, or other agreements between such ‘‘(A) at least 3 classroom evaluations over rubrics that use planning, instructional, and employees and their employers. the course of the year that shall— learning environment standards to measure ‘‘(h) PRIORITY.—In providing higher sala- ‘‘(i) be conducted by multiple evaluators, teaching performance. ries to principals and teachers under this including master teachers and the principal; ‘‘(f) APPLICATION REQUIREMENTS.—To seek section, a local educational agency shall give ‘‘(ii) be based on classroom observation at a grant under this section, a local edu- priority to principals and teachers at schools least 3 times annually; and cational agency shall submit an application identified under section 1116 for school im- ‘‘(iii) be evaluated against research-vali- at such time, in such manner, and con- provement, corrective action, or restruc- dated benchmarks that use planning, in- taining such information as the Secretary turing. structional, and learning environment stand- reasonably requires. At a minimum, the ap- ‘‘(i) DEFINITIONS.—In this section: ards to measure teacher performance; and plication shall include the following: ‘‘(1) The term ‘high-need’ means, with re- ‘‘(B) the performance of the teacher’s stu- ‘‘(1) A description of the agency’s proposed spect to an elementary school or a secondary dents as determined by— new teacher hiring timeline, including in- school, a school that serves an eligible ‘‘(i) student growth on any test that is re- terim goals for any phase-in period. school attendance area in which not less quired by the State educational agency or

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6327 local educational agency and is administered Professional Teaching Standards certifi- ‘‘(H) paid release time for the mentor to the teacher’s students; or cation; teacher for mentoring, or salary supplements ‘‘(ii) in States or local educational agen- ‘‘(F) may hold a valid National Board for under section 2502, for mentoring new teach- cies with value-added longitudinal data sys- Professional Teaching Standards certificate, ers at a ratio of one full-time mentor to tems, whole-school value-added student may have passed another rigorous standard, every 12 new teachers; achievement gains and classroom-level or may have been selected as a school, dis- ‘‘(I) a transition year to the classroom that value-added student achievement gains; or trict, or State teacher of the year; and includes a reduced workload for beginning ‘‘(3) provides up to $4,000 as an annual ‘‘(G) is currently participating, or has pre- teachers; and bonus to principals in elementary schools viously participated, in a professional devel- ‘‘(J) a standards-based assessment of every and secondary schools based on the perform- opment program that supports classroom beginning teacher to determine whether the ance of the school’s students, taking into teachers as mentors. teacher should move forward in the teaching consideration whole-school value-added stu- ‘‘(4) The term ‘high-need’, with respect to profession, which assessment may include dent achievement gains in States that have an elementary school or a secondary school, examination of practice and a measure of value-added longitudinal data systems and in has the meaning given to that term in sec- gains in student learning. which information on whole-school value- tion 2501. ‘‘(d) ADDITIONAL REQUIREMENT.—The Sec- added student achievement gains is avail- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— retary shall commission an independent able. To carry out this section, there is authorized evaluation of state-of the-art teacher induc- ‘‘(b) ELIGIBILITY REQUIREMENT.—A local to be appropriated $200,000,000 for fiscal year tion programs supported under this section educational agency may not use any funds 2006 and such sums as may be necessary for in order to compare the design and outcome under this section to establish or implement each of the 5 succeeding fiscal years.’’. of various models of induction programs. a Career Ladders for Teachers Program un- TITLE III—IMPROVING TEACHER ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— less— PREPARATION To carry out this section, there is authorized ‘‘(1) the percentage of teachers required by to be appropriated $300,000,000 for fiscal year SEC. 301. AMENDMENT TO ELEMENTARY AND 2006 and such sums as may be necessary for prevailing union rules votes affirmatively to SECONDARY EDUCATION ACT OF each of the 5 succeeding fiscal years. adopt the program; or 1965. ‘‘(2) in States that do not recognize collec- Part E of title II of the Elementary and ‘‘SEC. 2512. PEER MENTORING AND REVIEW PRO- GRAMS. tive bargaining between local educational Secondary Education Act of 1965, as added by ‘‘(a) GRANTS.—The Secretary shall make agencies and teacher organizations, at least title II of this Act, is amended by adding at grants to local educational agencies for peer 75 percent of the teachers in the local edu- the end the following: mentoring and review programs. cational agency vote affirmatively to adopt ‘‘Subpart 2—Preparation ‘‘(b) USE OF FUNDS.—A local educational the program. ‘‘SEC. 2511. ESTABLISHING STATE-OF-THE-ART agency that receives a grant under this sec- ‘‘(c) DEFINITIONS.—In this section: TEACHER INDUCTION PROGRAMS. tion shall use the funds made available ‘‘(1) The term ‘career teacher’ means a ‘‘(a) GRANTS.—The Secretary may make through the grant to establish and imple- teacher who has a bachelor’s degree and full grants to States and eligible local edu- ment a peer mentoring and review program. credentials or alternative certification in- cational agencies for the purpose of devel- Such a program shall be established through cluding a passing level on elementary or sec- oping state-of-the-art teacher induction pro- collective bargaining agreements or, in ondary subject matter assessments and programs. States that do not recognize collective bar- fessional knowledge assessments. ‘‘(b) ELIGIBLE LOCAL EDUCATIONAL AGEN- gaining between local educational agencies ‘‘(2) The term ‘mentor teacher’ means a CY.—In this section, the term ‘eligible local and teacher organizations, through joint teacher who— educational agency’ means— agreements between the local educational ‘‘(A) has a bachelor’s degree and full cre- ‘‘(1) a high-need local educational agency; agency and affected teacher organizations. dentials or alternative certification includ- or ‘‘(c) APPLICATION.—To seek a grant under ing a passing level on any applicable elemen- ‘‘(2) a partnership of a high-need local edu- this section, a local educational agency shall tary or secondary subject matter assess- cational agency and an institution of higher submit an application at such time, in such ments and professional knowledge assess- education, a teacher organization, or any manner, and containing such information as ments; other nonprofit education organization. the Secretary may reasonably require. The ‘‘(B) has a portfolio and a classroom dem- ‘‘(c) USE OF FUNDS.—A State or an eligible Secretary shall require each such applica- onstration showing instructional excellence; local educational agency that receives a tion to include the following: ‘‘(C) has an ability, as demonstrated by grant under subsection (a) shall use the ‘‘(1) Data from the applicant on recruit- student data, to increase student achieve- funds made available through the grant to ment and retention prior to implementing ment through utilizing specific instructional develop a state-of the-art teacher induction the induction program. strategies; program that— ‘‘(2) Measurable goals for increasing reten- ‘‘(D) has a minimum of 3 years of teaching ‘‘(1) provides new teachers a minimum of 3 tion after the induction program is imple- experience; years of extensive, high-quality, comprehen- mented. ‘‘(E) is recommended by the principal and sive induction into the field of teaching; and ‘‘(3) Measures that will be used to deter- other current master and mentor teachers; ‘‘(2) includes— mine whether teacher effectiveness is im- ‘‘(F) is an excellent instructor and commu- ‘‘(A) structured mentoring from highly proved through participation in the induc- nicator with an understanding of how to fa- qualified master or mentor teachers who are tion program. cilitate growth in the teachers the teacher is certified, have teaching experience similar ‘‘(4) A plan for evaluating and reporting mentoring; and to the grade level or subject assignment of progress toward meeting the applicant’s ‘‘(G) performs well as a mentor in estab- the new teacher, and are trained to mentor goals. lished induction and peer review and men- new teachers; ‘‘(d) PROGRESS REPORTS.—The Secretary toring programs. ‘‘(B) at least 90 minutes each week of com- shall require each grantee under this section ‘‘(3) The term ‘master teacher’ means a mon meeting time for a new teacher to dis- to submit progress reports on an annual teacher who— cuss student work and teaching under the di- basis. ‘‘(A) holds a master’s degree in the rel- rector of a master or mentor teacher; ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— evant academic discipline; ‘‘(C) regular classroom observation in the To carry out this section, there are author- ‘‘(B) has at least 5 years of successful new teacher’s classroom; ized to be appropriated $50,000,000 for fiscal teaching experience, as measured by per- ‘‘(D) observation by the new teacher of the year 2006 and such sums as may be necessary formance evaluations, a portfolio of work, or mentor teacher’s classroom; for each of the 5 succeeding fiscal years. National Board for Professional Teaching ‘‘(E) intensive professional development ‘‘SEC. 2513. ESTABLISHING STATE-OF-THE-ART Standards certification; activities for new teachers that result in im- PRINCIPAL TRAINING AND INDUC- TION PROGRAMS AND PERFORM- ‘‘(C) demonstrates expertise in content, proved teaching leading to student achieve- ANCE-BASED PRINCIPAL CERTIFI- curriculum development, student learning, ment, including lesson demonstration by CATION. test analysis, mentoring, and professional master and mentor teachers in the class- ‘‘(a) GRANTS.—The Secretary may make development, as demonstrated by an ad- room, observation, and feedback; grants to not more than 10 States to develop, vanced degree, advanced training, career ex- ‘‘(F) training in effective instructional implement, and evaluate pilot programs for perience, or National Board for Professional services and classroom management strate- performance-based certification and training Teaching Standards certification; gies for mainstream teachers serving stu- of exemplary, highly qualified principals who ‘‘(D) presents student data that illustrates dents with disabilities and students with can drive gains in academic achievement for the teacher’s ability to increase student limited English proficiency; all children. achievement through utilizing specific in- ‘‘(G) observation of teachers and feedback ‘‘(b) PROGRAM REQUIREMENTS.—A pilot pro- structional interventions; at least 4 times each school year by multiple gram developed under this section— ‘‘(E) has instructional expertise dem- evaluators, including master teachers and ‘‘(1) shall pilot the development, imple- onstrated through model teaching, team the principals, using research-validated mentation, and evaluation of a statewide teaching, video presentations, student benchmarks of teaching skills and standards performance-based system for certifying achievement gains, or National Board for that are developed with input from teachers; principals;

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6328 CONGRESSIONAL RECORD — SENATE June 9, 2005 ‘‘(2) shall pilot and demonstrate the effec- ‘‘(ii) academic achievement results in a Secondary Education Act of 1965 (20 U.S.C. tiveness of statewide performance-based cer- school leadership role such as a residency or 6319). tification through support for innovative an assistant principalship; and ‘‘(2) STUDENT ACADEMIC ACHIEVEMENT.—In- performance-based programs on a smaller ‘‘(D) awards certification to individuals creasing student academic achievement for scale; who successfully complete programs at insti- all students, which may be measured ‘‘(3) shall provide for certification of prin- tutions that include local educational agen- through the use of value-added assessments, cipals by institutions with strong track cies, nonprofit organizations, and business as defined by the eligible State. records, such as a local educational agency, schools approved by the State for purposes of ‘‘(3) RAISING STANDARDS.—Raising the nonprofit organization, or business school, such certification and have formalized part- State academic standards required to enter that is approved by the State for purposes of nerships with in-State local educational the teaching profession as a highly qualified such certification and has formalized part- agencies. teacher. nerships with in-State local educational ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(4) INITIAL CERTIFICATION OR LICENSURE.— agencies; To carry out this section, there are author- Increasing success in the pass rate for initial ‘‘(4) may be used to develop, sustain, and ized to be appropriated $100,000,000 for fiscal State teacher certification or licensure, or expand model programs for recruiting and year 2006 and such sums as may be necessary increasing the numbers of qualified individ- training aspiring and new principals in both for each of the 5 succeeding fiscal years. uals being certified or licensed as teachers instructional leadership and general man- ‘‘SEC. 2514. STUDY ON DEVELOPING A PORTABLE through alternative routes to certification agement skills; PERFORMANCE-BASED TEACHER AS- and licensure. ‘‘(5) shall include evaluation of the results SESSMENT. ‘‘(5) DECREASING TEACHER SHORTAGES.—De- of the pilot program and other in-State pro- ‘‘(a) STUDY.— creasing shortages of highly qualified teach- grams of principal preparation (which eval- ‘‘(1) IN GENERAL.—The Secretary shall ers in poor urban and rural areas. uation may include value-added assessment enter into an arrangement with an objective ‘‘(6) INCREASING OPPORTUNITIES FOR RE- scores of all children in a school and should evaluation firm to conduct a study to assess SEARCH-BASED PROFESSIONAL DEVELOPMENT.— emphasize the correlation of academic the validity of any test used for teacher cer- Increasing opportunities for enhanced and achievement gains in schools led by partici- tification or licensure by multiple States, ongoing professional development that— pating principals and the characteristics and taking into account the passing scores ‘‘(A) improves the academic content skills demonstrated by those individuals adopted by multiple States. The study shall knowledge of teachers in the subject areas in when applying to and participating in the determine the following: which the teachers are certified or licensed program) to inform the design of certifi- ‘‘(A) The extent to which tests of content to teach or in which the teachers are work- cation of individuals to become school lead- knowledge represent subject mastery at the ing toward certification or licensure to ers in the State; and baccalaureate level. teach; and ‘‘(6) shall make possible interim certifi- ‘‘(B) Whether tests of pedagogy reflect the ‘‘(B) promotes strong teaching skills. cation for up to 2 years for aspiring prin- latest research on teaching and learning. ‘‘(7) TECHNOLOGY INTEGRATION.—Increasing cipals participating in the pilot program ‘‘(C) The relationship, if any, between the number of teachers prepared effectively who— teachers’ scores on licensure and certifi- to integrate technology into curricula and ‘‘(A) have not yet attained full certification exams and other measures of teacher instruction and who use technology to col- cation; effectiveness, including learning gains lect, manage, and analyze data to improve ‘‘(B) are serving as assistant principals or achieved by the teachers’ students. teaching, learning, and parental involvement decisionmaking for the purpose of increasing principal residents, or in positions of similar ‘‘(2) REPORT.—The Secretary shall submit responsibility; and a report to the Congress on the results of the student academic achievement. ‘‘(b) ELIGIBLE PARTNERSHIP EVALUATION.— ‘‘(C) have met clearly defined criteria for study conducted under this subsection. Each eligible partnership applying for a entry into the program that are approved by ‘‘(b) GRANT TO CREATE A MODEL PERFORM- grant under section 203 shall establish, and the applicable local educational agency. ANCE-BASED ASSESSMENT.— include in the application submitted under ‘‘(c) PRIORITY.—In selecting grant recipi- ‘‘(1) GRANT.—The Secretary may make 1 section 203(c), an evaluation plan that in- ents under this section, the Secretary shall grant to an eligible partnership to create a cludes strong performance objectives. The give priority to States that will use the model performance-based assessment of plan shall include objectives and measures grants for one or more high-need local edu- teaching skills that reliably evaluates teach- for— cational agencies and schools. ing skills in practice and can be used to fa- ‘‘(1) increased student achievement for all cilitate the portability of teacher credentials students, as measured by the partnership; ‘‘(d) TERMS OF GRANT.—A grant under this and licensing from one State to another. section— ‘‘(2) increased teacher retention in the first ‘‘(2) CONSIDERATION OF STUDY.—In creating ‘‘(1) shall be for not more than 5 years; and 3 years of a teacher’s career; a model performance-based assessment of ‘‘(3) increased success in the pass rate for ‘‘(2) shall be performance-based, permit- teaching skills, the recipient of a grant ting the Secretary to discontinue funding initial State certification or licensure of under this section shall take into consider- teachers; based on failure of the State to meet bench- ation the results of the study conducted marks identified by the State. ‘‘(4) increased percentage of highly quali- under subsection (a). fied teachers; and ‘‘(e) USE OF EVALUATION RESULTS.—A State ‘‘(3) ELIGIBLE PARTNERSHIP.—In this sec- ‘‘(5) increasing the number of teachers receiving a grant under this section shall use tion, the term ‘eligible partnership’ means a trained effectively to integrate technology the evaluation results of the pilot program partnership of— into curricula and instruction and who use conducted pursuant to the grant and similar ‘‘(A) an independent professional organiza- technology to collect, manage, and analyze evaluations of other in-State programs of tion; and data to improve teaching, learning, and deci- principal preparation (especially the correla- ‘‘(B) an organization that represents ad- sionmaking for the purpose of improving stu- tion of academic achievement gains in ministrators of State educational agencies.’’. dent academic achievement. schools led by participating principals and SEC. 302. AMENDMENT TO THE HIGHER EDU- ‘‘(c) REVOCATION OF GRANT.— the characteristics and skills demonstrated CATION ACT OF 1965: TEACHER ‘‘(1) REPORT.—Each eligible State or eligi- by those individuals when applying to and QUALITY ENHANCEMENT GRANTS. ble partnership receiving a grant under sec- participating in the pilot program) to inform Part A of title II of the Higher Education tion 202 or 203 shall report annually on the the design of certification of individuals to Act of 1965 is amended by striking sections progress of the eligible State or eligible part- become school leaders in the State. 206 through 209 (20 U.S.C. 1026–1029) and in- nership toward meeting the purposes of this ‘‘(f) DEFINITIONS.—For the purposes of this serting the following: part and the goals, objectives, and measures section: ‘‘SEC. 206. ACCOUNTABILITY AND EVALUATION. described in subsections (a) and (b). ‘‘(1) The term ‘exemplary, highly qualified ‘‘(a) STATE GRANT ACCOUNTABILITY RE- ‘‘(2) REVOCATION.— principal’ has the meaning given to that PORT.—An eligible State that receives a ‘‘(A) ELIGIBLE STATES AND ELIGIBLE APPLI- term in section 2501. grant under section 202 shall submit an an- CANTS.—If the Secretary determines that an ‘‘(2) The term ‘performance-based certifi- nual accountability report to the Secretary, eligible State or eligible applicant is not cation system’ means a certification system the Committee on Health, Education, Labor, making substantial progress in meeting the that— and Pensions of the Senate, and the Com- purposes, goals, objectives, and measures, as ‘‘(A) is based on a clearly defined set of mittee on Education and the Workforce of appropriate, by the end of the second year of standards for skills and knowledge needed by the House of Representatives. Such report a grant under this part, then the grant pay- new principals; shall include a description of the degree to ment shall not be made for the third year of ‘‘(B) is not based on numbers of hours en- which the eligible State, in using funds pro- the grant. rolled in particular courses; vided under such section, has made substan- ‘‘(B) ELIGIBLE PARTNERSHIPS.—If the Sec- ‘‘(C) certifies participating individuals to tial progress in meeting the following goals: retary determines that an eligible partner- become school leaders primarily based on— ‘‘(1) PERCENTAGE OF HIGHLY QUALIFIED ship is not making substantial progress in ‘‘(i) their demonstration of those skills TEACHERS.—Increasing the percentage of meeting the purposes, goals, objectives, and through a formal assessment aligned to highly qualified teachers in the State as re- measures, as appropriate, by the end of the these standards; and quired by section 1119 of the Elementary and third year of a grant under this part, then

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6329 the grant payments shall not be made for time equivalent faculty, adjunct faculty, and gree from the institution or completing the any succeeding year of the grant. students in supervised practice teaching. program. ‘‘(d) EVALUATION AND DISSEMINATION.—The ‘‘(9) For the State as a whole, and for each ‘‘(ii) A comparison of the institution or Secretary shall evaluate the activities fund- teacher preparation program in the State, program’s pass rate for students who have ed under this part and report annually the the number of teachers prepared, in the ag- completed the clinical coursework for the Secretary’s findings regarding the activities gregate and reported separately by— teacher preparation program with the aver- to the Committee on Health, Education, ‘‘(A) level (elementary or secondary); age pass rate for institutions and programs Labor, and Pensions of the Senate and the ‘‘(B) academic major; in the State. Committee on Education and the Workforce ‘‘(C) subject or subjects for which the stu- ‘‘(iii) In the case of programs with fewer of the House of Representatives. The Sec- dent has been prepared to teach; and than 10 students who have completed the retary shall broadly disseminate successful ‘‘(D) teacher candidates who speak a lan- clinical coursework for a teacher prepara- practices developed by eligible States and el- guage other than English and have been tion program taking any single initial teach- igible partnerships under this part, and shall trained specifically to teach English-lan- er certification or licensure assessment dur- broadly disseminate information regarding guage learners. ing an academic year, the institution shall such practices that were found to be ineffec- ‘‘(10) The State shall refer to the data gen- collect and publish information with respect tive. erated for paragraphs (8) and (9) to report on to an average pass rate on State certifi- ‘‘SEC. 207. ACCOUNTABILITY FOR PROGRAMS the extent to which teacher preparation pro- cation or licensure assessments taken over a THAT PREPARE TEACHERS. grams are helping to address shortages of 3-year period. ‘‘(a) STATE REPORT CARD ON THE QUALITY qualified teachers, by level, subject, and spe- ‘‘(B) PROGRAM INFORMATION.—The number OF TEACHER AND PRINCIPAL PREPARATION.— cialty, in the State’s public schools, espe- of students in the program, the average num- Each State that receives funds under this cially in poor urban and rural areas as re- ber of hours of supervised practice teaching Act shall provide to the Secretary annually, quired by section 206(a)(5). required for those in the program, and the in a uniform and comprehensible manner ‘‘(b) REPORT OF THE SECRETARY ON THE number of full-time equivalent faculty and that conforms with the definitions and meth- QUALITY OF TEACHER PREPARATION.— students in supervised practice teaching. ods established by the Secretary, a State re- ‘‘(1) REPORT CARD.—The Secretary shall ‘‘(C) STATEMENT.—In States that require port card on the quality of teacher prepara- provide to Congress, and publish and make approval or accreditation of teacher edu- tion in the State, both for traditional certifi- widely available, a report card on teacher cation programs, a statement of whether the cation or licensure programs and for alter- qualifications and preparation in the United institution’s program is so approved or ac- native certification or licensure programs, States, including all the information re- credited, and by whom. which shall include at least the following: ported in paragraphs (1) through (10) of sub- ‘‘(D) DESIGNATION AS LOW-PERFORMING.— ‘‘(1) A description of the teacher and prin- section (a). Such report shall identify States Whether the program has been designated as cipal certification and licensure assess- for which eligible States and eligible part- low-performing by the State under section ments, and any other certification and licen- nerships received a grant under this part. 208(a). sure requirements, used by the State. Such report shall be so provided, published ‘‘(2) REQUIREMENT.—The information de- ‘‘(2) The standards and criteria that pro- and made available annually. scribed in paragraph (1) shall be reported spective teachers and principals must meet ‘‘(2) REPORT TO CONGRESS.—The Secretary through publications such as school catalogs in order to attain initial teacher and prin- shall report to Congress— and promotional materials sent to potential cipal certification or licensure and to be cer- ‘‘(A) a comparison of States’ efforts to im- applicants, secondary school guidance coun- tified or licensed to teach particular subjects prove teaching quality; and selors, and prospective employers of the in- or in particular grades within the State. ‘‘(B) regarding the national mean and me- stitution’s program graduates, including ma- ‘‘(3) A demonstration of the extent to dian scores on any standardized test that is terials sent by electronic means. which the assessments and requirements de- used in more than 1 State for teacher certifi- ‘‘(3) FINES.—In addition to the actions au- scribed in paragraph (1) are aligned with the cation or licensure. thorized in section 487(c), the Secretary may State’s standards and assessments for stu- ‘‘(3) SPECIAL RULE.—In the case of pro- impose a fine not to exceed $25,000 on an in- dents. grams with fewer than 10 students who have stitution of higher education for failure to ‘‘(4) The percentage of students who have completed the clinical coursework for a provide the information described in this completed the clinical coursework for a teacher preparation program taking any sin- subsection in a timely or accurate manner. teacher preparation program at an institu- gle initial teacher certification or licensure ‘‘(e) DATA QUALITY.—Either— tion of higher education or alternative cer- assessment during an academic year, the ‘‘(1) the Governor of the State; or tification program and who have taken and Secretary shall collect and publish informa- ‘‘(2) in the case of a State for which the passed each of the assessments used by the tion with respect to an average pass rate on constitution or law of such State designates State for teacher certification and licensure, State certification or licensure assessments another individual, entity, or agency in the and the passing score on each assessment taken over a 3-year period. State to be responsible for teacher certifi- that determines whether a candidate has ‘‘(c) COORDINATION.—The Secretary, to the cation and preparation activity, such indi- passed that assessment. extent practicable, shall coordinate the in- vidual, entity, or agency; ‘‘(5) For students who have completed the formation collected and published under this shall attest annually, in writing, as to the clinical coursework for a teacher prepara- part among States for individuals who took reliability, validity, integrity, and accuracy tion program at an institution of higher edu- State teacher certification or licensure as- of the data submitted pursuant to this sec- cation or alternative certification program, sessments in a State other than the State in tion. and who have taken and passed each of the which the individual received the individ- ‘‘SEC. 208. STATE FUNCTIONS. assessments used by the State for teacher ual’s most recent degree. ‘‘(a) STATE ASSESSMENT.—In order to re- certification and licensure, each such insti- ‘‘(d) INSTITUTION AND PROGRAM REPORT ceive funds under this Act, a State shall tution’s and each such program’s average CARDS ON QUALITY OF TEACHER PREPARA- have in place a procedure to identify and as- raw score, ranked by teacher preparation TION.— sist, through the provision of technical as- program, which shall be made available ‘‘(1) REPORT CARD.—Each institution of sistance, low-performing programs of teach- widely and publicly. higher education or alternative certification er preparation within institutions of higher ‘‘(6) A description of each State’s alter- program that conducts a teacher preparation education. Such State shall provide the Sec- native routes to teacher certification, if any, program that enrolls students receiving Fed- retary an annual list of such low-performing and the number and percentage of teachers eral assistance under this Act shall report institutions that includes an identification certified through each alternative certifi- annually to the State and the general public, of those institutions at risk of being placed cation route who pass State teacher certifi- in a uniform and comprehensible manner on such list. Such levels of performance shall cation or licensure assessments. that conforms with the definitions and meth- be determined solely by the State and may ‘‘(7) For each State, a description of pro- ods established by the Secretary, both for include criteria based upon information col- posed criteria for assessing the performance traditional certification or licensure pro- lected pursuant to this part. Such assess- of teacher and principal preparation programs and for alternative certification or li- ment shall be described in the report under grams in the State, including indicators of censure programs, the following informa- section 207(a). A State receiving Federal teacher and principal candidate skills, place- tion, disaggregated by major racial and eth- funds under this title shall develop plans to ment, and retention rates (to the extent fea- nic groups: close or reconstitute underperforming pro- sible), and academic content knowledge and ‘‘(A) PASS RATE.—(i) For the most recent grams of teacher preparation within institu- evidence of gains in student academic year for which the information is available, tions of higher education. achievement. the pass rate of each student who has com- ‘‘(b) TERMINATION OF ELIGIBILITY.—Any in- ‘‘(8) For each teacher preparation program pleted the clinical coursework for the teach- stitution of higher education that offers a in the State, the number of students in the er preparation program on the teacher cer- program of teacher preparation in which the program, the number of minority students in tification or licensure assessments of the State has withdrawn the State’s approval or the program, the average number of hours of State in which the institution is located, but terminated the State’s financial support due supervised practice teaching required for only for those students who took those as- to the low performance of the institution’s those in the program, and the number of full- sessments within 3 years of receiving a de- teacher preparation program based upon the

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6330 CONGRESSIONAL RECORD — SENATE June 9, 2005 State assessment described in subsection cation status and performance on licensure ‘‘(1) a high-need local educational agency; (a)— exams; and or ‘‘(1) shall be ineligible for any funding for ‘‘(B) allow for the analysis of gains in ‘‘(2) a consortium that includes at least professional development activities awarded achievement made by individual students one high-need local educational agency. by the Department of Education; and over time, including gains demonstrated ‘‘(c) DURATION.—Each grant under this sec- ‘‘(2) shall not be permitted to accept or en- through student academic assessments under tion shall be for a period of 3 years. roll any student who receives aid under title section 1111 and tests required by the State ‘‘(d) REQUIRED ACTIVITIES.—A teacher cen- IV of this Act in the institution’s teacher for course completion. ter receiving assistance under this section preparation program. ‘‘(3) STANDARDS.—The Secretary shall de- shall carry out each of the following activi- ‘‘SEC. 209. GENERAL PROVISIONS. velop standards for the collection of data ties: ‘‘In complying with sections 207 and 208, with grant funds under this section to ensure ‘‘(1) Providing high-quality professional the Secretary shall ensure that States and that such data are statistically valid and re- development to teachers to assist them in institutions of higher education use fair and liable. improving their knowledge, skills, and equitable methods in reporting and that the ‘‘(4) APPLICATION.—To seek a grant under teaching practices in order to help students reporting methods do not allow identifica- this section, a State shall submit an applica- to improve their achievement and meet tion of individuals.’’. tion at such time, in such manner, and con- State academic standards. SEC. 303. ENFORCING NCLB’S TEACHER EQUITY taining such information as the Secretary ‘‘(2) Providing teachers with information PROVISION. may require. At a minimum, each such appli- on developments in curricula, assessments, Subpart 2 of part E of title IX of the Ele- cation shall demonstrate to the Secretary’s and educational research, including the man- mentary and Secondary Education Act of satisfaction that the assessments used by ner in which the research and data can be 1965 (20 U.S.C. 7901 et seq.) is amended by the State to collect and analyze data for pur- used to improve teaching skills and practice. adding at the end the following: poses of this subsection— ‘‘(3) Providing training and support for new ‘‘SEC. 9537. ASSURANCE OF REASONABLE ‘‘(A) are aligned to State standards; teachers. PROGRESS TOWARD EQUITABLE AC- ‘‘(B) have the capacity to assess the ‘‘(e) PERMISSIBLE ACTIVITIES.—A teacher CESS TO TEACHER QUALITY. highest- and lowest-performing students; and center may use assistance under this section ‘‘(a) IN GENERAL.—The Secretary may not ‘‘(C) are statistically valid and reliable. for any of the following: provide any assistance to a State under this ‘‘(b) TEACHER TRAINING.—The Secretary ‘‘(1) Assessing the professional develop- Act unless, in the State’s application for may make grants to institutions of higher ment needs of the teachers and other in- such assistance, the State— education, local educational agencies, non- structional school employees, such as librar- ‘‘(1) provides the plan required by section profit organizations, and teacher organiza- ians, counselors, and paraprofessionals, to be 1111(b)(8)(C) and at least one public report tions to develop and implement innovative served by the center. pursuant to that section; programs to provide preservice and in-serv- ‘‘(2) Providing intensive support to staff to ‘‘(2) clearly articulates the measures the ice training to elementary and secondary improve instruction in literacy, mathe- schools on— State is using to determine whether poor and matics, science, and other curricular areas ‘‘(1) understanding increasingly sophisti- minority students are being taught dis- necessary to provide a well-rounded educated student achievement data, especially proportionately by inexperienced, unquali- cation to students. data derived from value-added longitudinal fied, or out-of-field teachers; ‘‘(3) Providing support to mentors working data systems; and ‘‘(3) includes an evaluation of the success with new teachers. ‘‘(2) using such data to improve classroom of the State’s plan required by section ‘‘(4) Providing training in effective instruc- instruction. 1111(b)(8)(C) in addressing any such dispari- tional services and classroom management ‘‘(c) STUDY.—The Secretary shall enter ties; strategies for mainstream teachers serving into an agreement with the National Acad- ‘‘(4) with respect to any such disparities, students with disabilities and students with proposes modifications to such plan; and emy of Sciences— ‘‘(1) to evaluate the quality of data on the limited English proficiency. ‘‘(5) includes a description of the State’s ‘‘(5) Enabling teachers to engage in study activities to monitor the compliance of local effectiveness of elementary and secondary school teachers, based on value-added stu- groups and other collaborative activities and educational agencies in the State with sec- collegial interactions regarding instruction. tion 1112(c)(1)(L). dent achievement gains; and ‘‘(2) to compare a range of models for col- ‘‘(6) Paying for release time and substitute ‘‘(b) EFFECTIVE DATE.—This section applies teachers in order to enable teachers to par- with respect to any assistance under this Act lecting and analyzing such data. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ticipate in the activities of the teacher cen- for which an application is submitted after ter. the date of the enactment of this section.’’. To carry out this section, there are authorized to be appropriated $200,000,000 for the pe- ‘‘(7) Creating libraries of professional ma- TITLE IV—EQUIPPING TEACHERS, riod of fiscal years 2006 and 2007 and such terials and educational technology. SCHOOLS, LOCAL EDUCATIONAL AGEN- sums as may be necessary for each of the 4 ‘‘(8) Providing high-quality professional CIES, AND STATES WITH THE 21ST CEN- succeeding fiscal years.’’. development for other instructional staff, TURY DATA, TOOLS, AND ASSESSMENTS such as paraprofessionals, librarians, and THEY NEED SEC. 402. COLLECTING NATIONAL DATA ON DIS- TRIBUTION OF TEACHERS. counselors. SEC. 401. 21ST CENTURY DATA, TOOLS, AND AS- Section 155 of the Education Sciences Re- ‘‘(9) Assisting teachers to become highly SESSMENTS. form Act of 2002 (20 U.S.C. 9545) is amended qualified and paraprofessionals to become Part E of title II of the Elementary and by adding at the end the following: teachers. Secondary Education Act of 1965, as added by ‘‘(d) SCHOOLS AND STAFFING SURVEY.—Not ‘‘(10) Assisting paraprofessionals to meet titles II and III of this Act, is amended by later than the end of fiscal year 2006, and the requirements of section 1119. adding at the end the following: every 3 years thereafter, the Statistics Com- ‘‘(11) Developing curricula. ‘‘Subpart 3—21st Century Data, Tools, and missioner shall publish the results of the ‘‘(12) Incorporating additional on-line pro- Assessments Schools and Staffing Survey (or any suc- fessional development resources for partici- ‘‘SEC. 2521. DEVELOPING VALUE-ADDED DATA cessor survey).’’. pants. SYSTEMS. TITLE V—RETENTION: KEEPING OUR ‘‘(13) Providing funding for individual- or ‘‘(a) TEACHER AND PRINCIPAL EVALUATION.— BEST TEACHERS IN THE CLASSROOM group-initiated classroom projects. ‘‘(1) GRANTS.—The Secretary shall make SEC. 501. AMENDMENT TO ELEMENTARY AND ‘‘(14) Developing partnerships with busi- grants to States to develop and implement SECONDARY EDUCATION ACT OF nesses and community-based organizations. statewide data systems to collect and ana- 1965. ‘‘(15) Establishing a teacher center site. lyze data on the effectiveness of elementary Part E of title II of the Elementary and ‘‘(f) TEACHER CENTER POLICY BOARD.— school and secondary school teachers and Secondary Education Act of 1965, as added by ‘‘(1) IN GENERAL.—A teacher center receiv- principals, based on value-added student titles II, III, and IV of this Act, is amended ing assistance under this section shall be op- achievement gains, for the purposes of— by adding at the end the following: erated under the supervision of a teacher ‘‘(A) determining the distribution of effec- ‘‘Subpart 4—Retention and Working center policy board. tive teachers and principals in schools across Conditions ‘‘(2) MEMBERSHIP.— the State; ‘‘SEC. 2531. IMPROVING PROFESSIONAL DEVEL- ‘‘(A) TEACHER REPRESENTATIVES.—The ma- ‘‘(B) developing measures for helping OPMENT OPPORTUNITIES. jority of the members of a teacher center teachers and principals to improve their in- ‘‘(a) GRANTS.—The Secretary may make policy board shall be representatives of, and struction; and grants to eligible entities for the establish- selected by, the elementary and secondary ‘‘(C) evaluating effectiveness of teacher ment and operation of new teacher centers school teachers to be served by the teacher and principal preparation programs. or the support of existing teacher centers. center. Such representatives shall be se- ‘‘(2) DATA REQUIREMENTS.—At a minimum, ‘‘(b) SPECIAL CONSIDERATION.—In making lected through the teacher organization, or a statewide data system under this section grants under this section, the Secretary if there is no teacher organization, by the shall— shall give special consideration to any appli- teachers directly. ‘‘(A) track student course-taking patterns cation submitted by an eligible entity that ‘‘(B) OTHER REPRESENTATIVES.—The mem- and teacher characteristics, such as certifi- is— bers of a teacher center policy board—

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6331 ‘‘(i) shall include at least two members ‘‘(ii) teaches 1 or more high-need subjects (2) by inserting after the items relating to who are representative of, or designated by, in 1 or more grades kindergarten through 8, subpart 2 of part E of title IX of the Elemen- the school board of the local educational ‘‘(B) received a baccalaureate or similar tary and Secondary Education Act of 1965 agency to be served by the teacher center; degree from an eligible educational institu- the following new item: ‘‘(ii) shall include at least one member who tion (as defined in section 25A(f)(2)) with a ‘‘Sec. 9537. Assurance of reasonable progress is a representative of, and is designated by, major in a high-need subject, and toward equitable access to the institutions of higher education (with de- ‘‘(C) is highly qualified (as defined in sec- teacher quality.’’. partments or schools of education) located in tion 9101(23) of the Elementary and Sec- the area; and ondary Education Act of 1965). By Mr. BURNS: ‘‘(iii) may include paraprofessionals. ‘‘(3) HIGH-NEED SUBJECTS.—For purposes of S. 1219. A bill to authorize certain ‘‘(g) APPLICATION.— this subsection, the term ‘high-need subject’ tribes in the State of Montana to enter ‘‘(1) IN GENERAL.—To seek a grant under means mathematics, science, engineering, into a lease or other temporary con- this section, an eligible entity shall submit technology, special education, teaching an application at such time, in such manner, English language learners, or any other sub- veyance of water rights to meet the and accompanied by such information as the ject identified as a high-need subject by the water needs of the Dry Prairie Rural Secretary may reasonably require. Secretary of Education for purposes of this Water Association, Inc; to the Com- ‘‘(2) ASSURANCE OF COMPLIANCE.—An appli- section. mittee on Energy and Natural Re- cation under paragraph (1) shall include an ‘‘(c) LIMITATION ON TOTAL REMUNERATION sources. assurance that the applicant will require any TAKEN INTO ACCOUNT.—In the case of any in- Mr. BURNS. Mr. President, today I teacher center receiving assistance through dividual whose employment is described in am introducing legislation that pro- the grant to comply with the requirements subsections (a)(1) and (b)(1), the total vides an important clarification to the of this section. amount of remuneration which may be taken Fort Peck Reservation Rural Water ‘‘(3) TEACHER CENTER POLICY BOARD.—An into account with respect to such employ- application under paragraph (1) shall include ment under this section for the taxable year System Act of 2000. The water project the following: shall not exceed $25,000.’’. authorized by that legislation will pro- ‘‘(A) An assurance that— (b) CLERICAL AMENDMENT.—The table of vide desperately needed drinking water ‘‘(i) the applicant has established a teacher section of such part is amended by inserting to the residents of the Fort Peck In- center policy board; after the item relating to section 139A the dian Reservation and the communities ‘‘(ii) the board participated fully in the following new item: surrounding the Reservation Dry Prai- preparation of the application; and ‘‘Sec. 139B. Compensation of certain rie Rural Water System. ‘‘(iii) the board approved the application as teachers and principals’’. In order to accomplish this, the As- submitted. (c) EFFECTIVE DATE.—The amendments siniboine and Sioux Tribes of the Fort ‘‘(B) A description of the membership of made by this section shall apply to remu- the board and the method of its selection. neration received in taxable years beginning Peck Reservation and Dry Prairie are ‘‘(h) DEFINITIONS.—In this section: after the date of the enactment of this Act. set to enter into an agreement, allow- ‘‘(1) The term ‘eligible entity’ means a SEC. 503. ABOVE-THE-LINE DEDUCTION FOR CER- ing Dry Prairie to use the water. The local educational agency or a consortium of TAIN EXPENSES OF ELEMENTARY Dry Prairie allocation will be approxi- 2 or more local educational agencies. AND SECONDARY SCHOOL TEACH- mately 2,800 acre feet of water. The ‘‘(2) The term ‘teacher center policy board’ ERS INCREASED AND MADE PERMA- agreement is consistent with the provi- means a teacher center policy board de- NENT. scribed in subsection (f). (a) IN GENERAL.—Subparagraph (D) of sec- sions of the Tribes’ Water Compact. ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— tion 62(a)(2) of the Internal Revenue Code of However, to address any possible ques- To carry out this section, there are author- 1986 is amended by striking ‘‘In the case of’’ tions regarding the Tribes’ grant of use ized to be appropriated $100,000,000 for fiscal and all that follows through ‘‘$250’’ and in- of this water to Dry Prairie, both the year 2006 and such sums as may be necessary serting ‘‘The deductions allowed by section Tribes and Dry Prairie would like the for each of the 5 succeeding fiscal years.’’. 162 which consist of expenses, not in excess Secretary’s authority to approve this of $500’’. SEC. 502. EXCLUSION FROM GROSS INCOME OF water use agreement to be clearly ap- COMPENSATION OF TEACHERS AND (b) EFFECTIVE DATE.—The amendment PRINCIPALS IN CERTAIN HIGH-NEED made by this section shall apply to taxable proved by Congress. The legislation I SCHOOLS OR TEACHING HIGH-NEED years beginning after the date of the enact- am introducing today provides this SUBJECTS. ment of this Act. clarification. (a) IN GENERAL.—Part III of subchapter B TITLE VI—MISCELLANEOUS PROVISIONS The Project, as authorized, calls for of chapter 1 of the Internal Revenue Code of the water to be diverted from the Mis- 1986 is amended by inserting after section SEC. 601. CONFORMING AMENDMENTS. 139A the following new section: The table of contents at section 2 of the El- souri River at a single location south ementary and Secondary Education Act of ‘‘SEC. 139B. COMPENSATION OF CERTAIN TEACH- of Poplar, MT, to an intake system or ERS AND PRINCIPALS. 1965 (20 U.S.C. 6301 et seq.) is amended— an infiltration gallery. The estimated ‘‘(a) TEACHERS AND PRINCIPALS IN HIGH- (1) by inserting after the items relating to amount of annual project diversion is NEED SCHOOLS.— part D of title II of such Act the following 6,000 acre feet for the entire Project new items: ‘‘(1) IN GENERAL.—In the case of an indi- area. The Missouri River at the point ‘‘PART E—TEACHER EXCELLENCE FOR ALL vidual employed as a teacher or principal in of diversion has an average annual a high-need school during the taxable year, CHILDREN streamflow of approximately 7.5 mil- gross income does not include so much remu- ‘‘Sec. 2500. Definitions. neration for such employment (which would ‘‘SUBPART 1—DISTRIBUTION lion acre feet. but for this paragraph be includible in gross ‘‘Sec. 2501. Premium pay; loan repay- The Tribes, pursuant to their tribal- income) as does not exceed $15,000. ment. state water rights compact, one of the ‘‘(2) HIGH-NEED SCHOOL.—For purposes of ‘‘Sec. 2502. Career ladders for teachers first in the Nation, hold a water right this subsection, the term ‘high-need school’ program. to nearly one million acre feet in the means any public elementary school or pub- ‘‘SUBPART 2—PREPARATION Missouri River. This compact has been lic secondary school eligible for assistance ‘‘Sec. 2511. Establishing state-of-the-art approved by the Montana Water Court under section 1114 of the Elementary and teacher induction programs. and is binding on all the parties. This Secondary Education Act of 1965 (20 U.S.C. ‘‘Sec. 2512. Peer mentoring and review 6314). programs. Project will finally enable the Fort ‘‘(b) TEACHERS OF HIGH-NEED SUBJECTS.— ‘‘Sec. 2513. Establishing state-of-the-art Peck Tribes to receive critical benefits ‘‘(1) IN GENERAL.—In the case of an indi- principal training and induc- from its water settlement with the vidual employed as a teacher of high-need tion programs and perform- United States and the State of Mon- subjects during the taxable year, gross in- ance-based principal certifi- tana. As a result of this settlement, come does not include so much remuneration cation. the Tribes are able to make a signifi- for such employment (which would but for ‘‘Sec. 2514. Study on developing a port- cant contribution to the Project: the able performance-based teacher this paragraph be includible in gross income) water that will be used for the entire as does not exceed $15,000. assessment. system. My legislation will provide the ‘‘(2) TEACHER OF HIGH-NEED SUBJECTS.—For ‘‘SUBPART 3—21ST CENTURY DATA, TOOLS, AND purposes of this subsection, the term ‘teach- ASSESSMENTS legal clarity necessary to ensure this er of high-need subjects’ means any teacher ‘‘Sec. 2521. Developing value-added data project moves forward as intended. in a public elementary or secondary school systems. who— ‘‘SUBPART 4—RETENTION AND WORKING By Mr. DODD (for himself, Ms. ‘‘(A) (i) teaches primarily 1 or more high- CONDITIONS COLLINS, and Mr. LEAHY): need subjects in 1 or more grades 9 through ‘‘Sec. 2531. Improving professional devel- S. 1220. A bill to assist law enforce- 12, or opment opportunities.’’; and ment in their efforts to recover missing

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6332 CONGRESSIONAL RECORD — SENATE June 9, 2005 children and to strengthen the stand- missing children be deleted from the ing up-to-date registry information from all ards for State sex offender registration national database when those children sex offenders is a vital investigative tool for programs; to the Committee on the Ju- turn 18. Just because a child turns 18 law enforcement and obtaining it every 90 diciary. doesn’t mean that our country should days provides earlier warning to law enforce- Mr. DODD. Mr. President, I am ment of non-compliant offenders who may not try to find that child and certainly have traveled into other jurisdictions, plac- pleased to join with my colleague from doesn’t mean that the child should be ing new communities at risk. Maine, Senator COLLINS, and my col- forgotten. Requires States to inform another state league from Vermont, Senator LEAHY, Nothing we do as a Nation is more when a known registered person is moving to introduce legislation today to pro- important than building a better fu- into its jurisdiction. Placing this burden tect America’s children from the vi- ture for our children. And, nothing is solely on the sex offender leads to under-reg- cious criminals who prey on them. more important to building that future istration and places communities at risk. While we’ve made some progress in In order to give sex offenders a strong in- than keeping our children safe today. centive to comply with registry require- the last few years, anyone who picks Therefore, in my view, no legislation up a newspaper today can see that far ments, the bill mandates a felony designa- is more important to be enacted in this tion for the crime of non-compliance. Non- too many of our kids are still too vul- Congress than this legislation to pro- compliance must be viewed as an ongoing of- nerable. tect our children from every parent’s fense. The most recent annual data shows nightmare. I ask unanimous consent to that about 58,000 children were ab- have a brief summary of the bill print- By Mr. STEVENS (for himself, ducted by nonfamily members, usually ed in the RECORD. Mr. INOUYE, and Ms. CANT- people who are strangers to the chil- There being no objection, the mate- WELL): dren. The most frequent victims were rial was ordered to be printed in the S. 1222. A bill to amend the Internal teenage girls. Almost one-half of these RECORD as follows: Revenue Code of 1986 to reinstate the victims were sexually molested. Oil Spill Liability Trust Fund tax and Our bill, ‘‘The Prevention and Recov- PREVENTION AND RECOVERY OF MISSING to maintain a balance of $3 billion in CHILDREN ACT OF 2005—BRIEF SUMMARY ery of Missing Children Act of 2005’’, the Oil Spill Liability Trust Fund; to will take 3 common-sense steps to bet- The most recent annual data shows that the Committee on Finance. ter protect the children of America. 58,000 children were abducted by nonfamily members, mostly strangers to the children. Mr. STEVENS. Mr. President, I in- First, it will require that informa- troduce legislation today to maintain tion on a missing child be disseminated Most of the victims were teenage girls and nearly half were sexually molested. The Na- the solvency of the Oil Spill Liability throughout the country within 2 hours tional Crime Information Center (NCIC) Trust Fund established pursuant to the through the National Crime Informa- database is a critical means of cooperation, Oil Pollution Act of 1990. Shortly after tion Center database. The reason for linking 16,000 Federal, State, and local law midnight on March 24, 1989 the Exxon this requirement is that time is of the enforcement agencies. Currently, registra- Valdez went aground on Bligh reef and essence. In cases where a child is tion for convicted sex offender rules vary by caused an oil spill in Prince William state. A number of States rely on sex offend- killed, the evidence shows that the Sound that is to this day still being child died within the first three hours ers to self-report. Improves missing child reporting require- monitored, studied, and restored. I of being kidnapped. The more quickly wrote the Oil Pollution Act of 1990 in that police throughout the country can ments. Stops the practice of removing a missing child entry from the NCIC database the aftermath of this disaster to pro- be alerted, the more likely it is that we when the child reaches age 18, to increase vide the needed regulatory safeguards can save a child before a child is the chances for child recovery and investiga- to reduce the potential for a similar harmed. tive information available for other cases. spill to happen again and mitigate the Second, the bill will make it tougher Improves the chances for recovery of miss- environmental impacts in such an infor convicted sex offenders to escape ing children. Requires entry of child infor- stance. The Oil Spill Liability Trust the law and the watchful eye of the mation into the NCIC database within 2 Fund is the cornerstone of the Oil Pol- community in which they live. We hours of receipt. Immediate entry is critical know that far too many jurisdictions as evidenced by the fact that in 74 percent of lution Act ensuring funds for expedi- rely essentially on the voluntary ac- abduction homicide cases the child is dead tious oil removal and providing for un- within 3 hours and 91 percent are killed with- tions of the convicted sex offender to compensated damages to the environ- in 24 hours. ment. It is the ‘‘polluter pays’’ policy register his residence, his car and li- Strengthens sex offender registration re- cense plate, and other pertinent infor- under the Act that requires the respon- quirements. Each of the following suggested sible party to pay back into the Fund mation. Moreover, requirements vary amendments are currently part of the statu- from state to state and jurisdiction to tory sex offender registration policies and all costs and damages related to a spill. jurisdiction. procedures in at least one or more states. Unfortunately, the Oil Spill Liability Therefore the legislation we are in- Requires States to register sex offenders Trust Fund is rapidly running out of troducing today will provide tough na- before they are released from prison. Permit- money. At a recent Commerce Com- tional standards that will require these ting sex offenders to self-register can lead to mittee hearing the Commandant of the criminals to register before they are under-registration and loss of potentially Coast Guard testified that the Oil Spill vital investigative information for law en- released from prison. It will require, Liability Trust Fund would likely be forcement. depleted by 2009. And in its report on within 48 hours of moving to a new res- Requires the registering agency to obtain idence, that these individuals report to current fingerprints and a photograph (annu- the ‘‘Implementation of the Oil Pollu- local law enforcement and provide in- ally), as well as a DNA sample, from an of- tion Act of 1990’’, released May 12, 2005, formation about their residence, a cur- fender at the time of registration. Up-to-date the Coast Guard announced at the end rent photograph, DNA sample, as well identifying information is a vital investiga- of fiscal year 2004 there was $842 mil- as report the make, model, and license tive tool and may help law enforcement con- lion remaining in the Fund. This is plate number of his or her vehicle and nect seemingly unrelated cases in different compared to previous years when the get a drivers license or ID. Every 90 jurisdictions. un-obligated balance was well over $1 Requires registrants to obtain either a billion, as was required under the Act days, they would have to verify their driver’s license or an identification card registry information and annually pro- from the department of motor vehicles. This through a 5 cents per barrel of oil tax vide a new photograph. Failure to com- provides another mechanism through which collected from the oil industry on pe- ply with these requirements would sub- law enforcement can track the location of troleum produced in or imported to the ject the criminal to a felony. potential re-offenders. United States. The tax was suspended These new requirements are tough, Requires that registration changes occur on July 1, 1993 when the un-obligated but our children’s safety is far too im- within 48 hours of the changes taking effect. balance in the Fund exceeded $1 bil- portant to be left to patchwork laws The delay of registering changes creates a lion. Thereafter, the tax was reinstated ‘‘loophole’’ through which sex offenders can on July 1, 1994 when the balance de- and the voluntary action of convicted re-offend and remain undetected. criminals whose likelihood of repeating Requires all registered sex offenders to clined below $1 billion. However, the the crime is extremely high. verify their registry information every 90 tax expired on December 31, 1994 pursu- Third, the legislation removes a cur- days. Currently, this requirement is imposed ant to the sunset provision under the rent requirement that the names of for sexually violent predators only. Obtain- Act.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6333 Since this time, the Oil Spill Liabil- patients receive the best evidence- care for patients. But in fact, improv- ity Trust Fund has been unable to based treatment only about half the ing patient care is essential to reduc- maintain a funding level above $1 bil- time. ing costs. IT is the key to unlocking lion from its various revenue sources Significant cost-savings will un- the door—it has the potential to lead prescribed under the Act, which consist doubtedly be realized simply by mov- to improvements in care and efficiency of transfers from other existing pollu- ing away from a paper-based system, that will save patients’ lives, reduce tion funds, interest on the Fund prin- where patient charts and test results costs, and reduce the number of unin- cipal from U.S. Treasury investments, are easily lost or misplaced, to an elec- sured. cost recoveries from responsible par- tronic system where data is easily Unfortunately, despite the impact ties, and penalties. The only viable op- stored, transferred from location to lo- that IT can have on cost, efficiency, tion to maintain the Fund’s solvency is cation, and retrieved at any time. With patient safety, and health care quality, the reinstatement of the 5 cents per health IT, physicians will have their most health care providers have not barrel of oil tax. The bill I introduce patients’ medical information, at their yet begun to invest in new tech- today will require the 5 cents tax go fingertips. A physician will no longer nologies. The use of IT in most hos- into effect after the last day of the have to take another set of X-Rays be- pitals and doctors’ offices lags far be- first calendar quarter ending more cause the first set was misplaced, or hind almost every other sphere of soci- than 30 days after the date of enact- order a test that the patient had six ety. The vast majority of written work, ment. In addition, the bill provides months ago in another hospital be- such as patient charts and prescrip- that the Oil Spill Liabillty Trust Fund cause she is unaware that the test ever tions, is still done using pen and paper. be funded at $3 billion, and if the fund took place. The potential for cost-sav- This leads to mistakes, higher costs, drops below $2 billion the 5 cents per ings from simply eliminating reduced quality of care, and in the barrel tax will automatically be rein- redundancies and unnecessary tests, most tragic cases, death. stated until the fund exceeds $3 billion. and reducing administrative and trans- There is no question in my mind that action costs, is substantial. the federal government has a signifi- By Mr. DODD: Of course, when we consider the im- cant role to play in expanding invest- S. 1223. A bill to amend the Public proved quality of care and patient safe- ment in health IT. The legislation that Health Service Act to improve the ty that will result from wider adoption I am introducing today defines that quality and efficiency of health care of health IT, the impact on cost is even role. First, this bill would establish delivery through improvements in greater. For example, IT can provide federal leadership in defining a health care information technology, decision support to ensure that physi- Nationai Health Information Infra- and for other purposes; to the Com- cians are aware of the most up-to-date, structure (NHII) and adopting health mittee on Health, Education, Labor, evidence-based best practices regarding IT standards. While I am pleased that and Pensions. a specific disease or condition, which the administration has already ap- Mr. DODD. Mr. President, today I am will reduce expensive hospitalizations. pointed a National Coordinator for pleased to announce the reintroduction Given all of these benefits, estimates Health Information Technology, I be- of the Information Technology for suggest that Electrontc Health Records lieve that the authority given to the Health Care Quality Act. By encour- (EHRs) alone could save more than $100 Coordinator and the resources at his aging health care providers to invest in billion each year. The full benefits of disposal are not equal to the enormity information technology (IT), this legis- IT could be multiple hundreds of bil- of his task. That is why my legislation lation has the potential to bring sky- lions annually. Such a significant re- creates an office in the White House, rocketing health care costs under con- duction in health care costs would the Office of Health Information Tech- trol and improve the overall quality of allow us to provide coverage to mil- nology, to oversee all of the Federal care in our nation. lions of uninsured Americans. Government’s activities in the area of We are facing a health care crisis in The benefits of IT go beyond econom- health IT, and to create and implement our country. According to the Census ics. I am sure that all of my colleagues a national strategy to expand the adop- Bureau, 45 million Americans were are familiar with the Institute of Medi- tion of IT in health care. without health insurance in 2003—an cine (IOM) estimate that up to 98,000 This office would also be responsible increase of 1.4 million over 2002. In Americans die each year as a result of for leading a collaborative effort be- many respects, we have the greatest medical errors. A RAND Corporation tween the public and private sectors to health system in the world, but far too study from last year showed that, on develop technical standards for health many Americans are unable to take ad- average, patients receive the rec- IT. These standards will ensure that vantage of this system. ommended care for certain widespread health care information can be shared The number of uninsured continues chronic conditions only half of the between providers, so that a family to rise because the cost of health care time. That is an astonishing figure. To moving from Connecticut to California continues to soar. Year after year, put it in a slightly different way, for will not have to leave their medical health care costs increase by double- many of the health conditions with history behind. At the same time, this digit percentages. The cost of em- which physicians should be most famil- bill would ensure that the adopted ployer-sponsored coverage increased by iar, half of all patients are essentially standards protect the privacy of pa- 11 percent last year, after a 14-percent being treated incorrectly. tient records. While the creation of increase in 2003. Employers are drop- Most experts in the field of patient portable electronic health records is an ping health care coverage because they safety and health care quality, important goal, privacy and confiden- can no longer afford to foot the bill. incuding the IOM, agree that improv- tiality must not be sacrificed. One of the ways to provide health ing IT is one of the crucial steps to- This legislation would also provide care coverage to every American is to wards safer and better health care. By financial assistance to individual reign in health care costs. And expand- providing physicians with access to pa- health care providers to stimulate in- ing the use of IT in health care is the tients’ complete medical history, as vestment in IT, and to communities to best tool we have to control costs. well as electronic cues to help them help them set up interoperable IT in- Studies have shown that as much as make the correct treatment decisions, frastructures at the local level, often one-third of health care spending is for IT has the potential to significantly referred to as Local Health Informa- redundant or inappropriate care. Esti- impact the care that Americans re- tion Infrastructures—LHIIs. IT re- mates suggest that up to 14 percent of ceive. It is impossible to put a value on quires a huge capital investment. Many laboratory tests and 11 percent of the potential savings in human lives providers, especially small doctors of- medication usage are unnecessary. Fi- that would undoubtedly result from a fices, and safety-net and rural hos- nally, and perhaps most disturbingly, nationwide investment in health care pitals and health centers, simply can- we know that it takes, on average, 17 information technology. not afford to make the type of invest- years for evidence to be incorporated It might seem counterintuitive that ment that is needed. into clinical practice. Along these we can realize tremendous cost savings Finally, this legislation would pro- same lines, a recent study showed that while, at the same time, improving vide for the development of a standard

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6334 CONGRESSIONAL RECORD — SENATE June 9, 2005 set of health care quality measures. skilled nursing facility, home health entity, ‘‘(A) serve as the principle advisor to the The creation of these measures is crit- health care clinic, community health center, President concerning health information ical to better understanding how our group practice (as defined in section technology; health care system is performing, and 1877(h)(4) of the Social Security Act, includ- ‘‘(B) direct all health information tech- ing practices with only 1 physician), and any nology activity within the Federal Govern- where we need to focus our efforts to other facility or clinician determined appro- ment, including approving or disapproving improve the quality of care. IT has the priate by the Director. agency policies submitted under paragraph potential to drastically improve our ‘‘(4) HEALTH INFORMATION TECHNOLOGY.— (3); ability to capture these quality meas- The term ‘health information technology’ ‘‘(C) work with public and private health ures. All recipients of Federal funding means a computerized system that— information technology stakeholders to im- under this bill would be required to ‘‘(A) is consistent with the standards de- plement the national strategy described in regularly report on these measures, as veloped pursuant to section 2903; paragraph (1); and ‘‘(B) permits the secure electronic trans- ‘‘(D) ensure that health information tech- well as the impact that IT is having on mission of information to other health care health care quality, efficency, and cost nology is utilized as fully as practicable in providers and public health entities; and carrying out health surveillance efforts. savings. ‘‘(C) includes— ‘‘(3) AGENCY POLICIES.— ‘‘(i) an electronic health record (EHR) that The establishment of standard qual- ‘‘(A) IN GENERAL.—The Office shall, in ac- ity measures is also the first step in provides access in real-time to the patient’s cordance with this paragraph, approve or dis- complete medical record; moving our nation towards a system approve the policies of Federal departments ‘‘(ii) a personal health record (PHR) where payment for health care is more or agencies with respect to any policy pro- through which an individual (and anyone au- posed to be implemented by such agency or appropriately aligned—a system in thorized by such individual) can maintain department that would significantly affect which health care providers are paid and manage their health information; that agency or department’s use of health in- not simply for the volume of patients ‘‘(iii) computerized provider order entry formation technology. that they treat, but for the quality of (CPOE) technology that permits the elec- ‘‘(B) SUBMISSION OF PROPOSAL.—The head of tronic ordering of diagnostic and treatment care that they deliver. To this end, my any Federal Government agency or depart- services, including prescription drugs; legislation would require the Secretary ment that desires to implement any policy ‘‘(iv) decision support to assist physicians of Health and Human Services to re- with respect to such agency or department in making clinical decisions by providing port to Congress on possible changes to that would significantly affect that agency electronic alerts and reminders to improve or department’s use of health information Federal reimbursement and payment compliance with best practices, promote reg- technology shall submit an implementation structures that would encourage the ular screenings and other preventive prac- proposal to the Office at least 60 days prior adoption of IT to improve health care tices, and facilitate diagnoses and treat- to the proposed date of the implementation quality and patient safety. ments; of such policy. I know that many of my colleagues, ‘‘(v) error notification procedures so that a ‘‘(C) APPROVAL OR DISAPPROVAL.—Not later warning is generated if an order is entered including Senator ENZI, Senator KEN- than 60 days after the date on which a pro- that is likely to lead to a significant adverse NEDY, Senator CLINTON, Senator FRIST posal is received under subparagraph (B), the outcome for the patient; and and Senator GREGG, have an interest in Office shall determine whether to approve ‘‘(vi) tools to allow for the collection, anal- the implementation of such proposal. In this issue. I look forward to working ysis, and reporting of data on adverse events, making such determination, the Office shall with all of them to move legislation near misses, and the quality of care provided consider whether the proposal is consistent this year. It is time for our country to to the patient. with the national strategy described in para- make a concerted effort to bring the ‘‘(5) LOCAL HEALTH INFORMATION INFRA- graph (1). If the Office fails to make a deter- STRUCTURES.—The term ‘local health infor- health care sector into the 21st cen- mination within such 60-day period, such mation infrastructure’ means an inde- tury. We must invest in health IT sys- proposal shall be deemed to be approved. pendent organization of health care entities tems, and we must begin to do so im- ‘‘(D) FAILURE TO APPROVE.—Except as oth- established for the purpose of linking health mediately. The number uninsured, the erwise provided for by law, a proposal sub- information systems to electronically share mitted under subparagraph (B) may not be skyrocketing cost of care, and the information. A local health information in- implemented unless such proposal is ap- number of medical errors should all frastructure may not be a single business en- proved or deemed to be approved under sub- serve as a wake-up call. We have a tool tity. paragraph (C). at our disposal to address all of these ‘‘(6) OFFICE.—The term ‘Office’ means the ‘‘(4) COORDINATION.—The Office shall— Office of Health Information Technology es- problems, and there is no more time to ‘‘(A) encourage the development and adop- tablished under section 2902. waste. I urge my colleagues to support tion of clinical, messaging, and decision sup- this legislation. ‘‘SEC. 2902. OFFICE OF HEALTH INFORMATION TECHNOLOGY. port health information data standards, pur- I ask unanimous consent that the suant to the requirements of section 2903; ‘‘(a) ESTABLISHMENT.—There is established text of this bill be printed in the within the executive office of the President ‘‘(B) ensure the maintenance and imple- RECORD. an Office of Health Information Technology. mentation of the data standards described in There being no objection, the bill was The Office shall be headed by a Director to subparagraph (A); ‘‘(C) oversee and coordinate the health in- ordered to be printed in the RECORD, as be appointed by the President. The Director formation technology efforts of the Federal follows: shall report directly to the President. ‘‘(b) PURPOSE.—It shall be the purpose of Government; S. 1223 the Office to— ‘‘(D) ensure the compliance of the Federal Be it enacted by the Senate and House of Rep- ‘‘(1) improve the quality and increase the Government with Federally adopted health resentatives of the United States of America in efficiency of health care delivery through information technology data standards; Congress assembled, the use of health information technology; ‘‘(E) ensure that the Federal Government SECTION 1. SHORT TITLE. ‘‘(2) provide national leadership relating consults and collaborates on decision mak- This Act may be cited as the ‘‘Information to, and encourage the adoption of, health in- ing with respect to health information tech- Technology for Health Care Quality Act’’. formation technology; nology with the private sector and other interested parties; and SEC. 2. AMENDMENT TO THE PUBLIC HEALTH ‘‘(3) direct all health information tech- SERVICE ACT. nology activities within the Federal Govern- ‘‘(F) in consultation with private sector, The Public Health Service Act (42 U.S.C. ment; and adopt certification and testing criteria to de- 201 et seq.) is amended by adding at the end ‘‘(4) facilitate the interaction between the termine if electronic health information sys- thereof the following: Federal Government and the private sector tems interoperate. relating to health information technology ‘‘(5) COMMUNICATION.—The Office shall— ‘‘TITLE XXIX—HEALTH CARE development and use. ‘‘(A) act as the point of contact for the pri- INFORMATION TECHNOLOGY ‘‘(c) DUTIES AND RESPONSIBILITIES.—The Of- vate sector with respect to the use of health ‘‘SEC. 2901. DEFINITIONS. fice shall be responsible for the following: information technology; and ‘‘In this title: ‘‘(1) NATIONAL STRATEGY.—The Office shall ‘‘(B) work with the private sector to col- ‘‘(1) COVERAGE AREA.—The term ‘coverage develop a national strategy for improving lect and disseminate best health information area’ means the boundaries of a local health the quality and enhancing the efficiency of technology practices. information infrastructure. health care through the improved use of ‘‘(6) EVALUATION AND DISSEMINATION.—The ‘‘(2) DIRECTOR.—The term ‘Director’ means health information technology and the cre- Office shall coordinate with the Agency for the Director of the Office of Health Informa- ation of a National Health Information In- Health Research and Quality and other Fed- tion Technology. frastructure. eral agencies to— ‘‘(3) HEALTH CARE PROVIDER.—The term ‘‘(2) FEDERAL LEADERSHIP.—The Office ‘‘(A) evaluate and disseminate information ‘health care provider’ means a hospital, shall— relating to evidence of the costs and benefits

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6335 of health information technology and to or department shall adopt, regulations to en- ‘‘SEC. 2904. LOAN GUARANTEES FOR THE ADOP- whom those costs and benefits accrue; sure that each such agency or department TION OF HEALTH INFORMATION ‘‘(B) evaluate and disseminate information complies with the requirements of sub- TECHNOLOGY. on the impact of health information tech- section (b). ‘‘(a) IN GENERAL.—The Director shall guarantee payment of the principal of and the in- nology on the quality and efficiency of pa- ‘‘(2) REQUIREMENTS.—The standards devel- terest on loans made to eligible entities to tient care; and oped and adopted under paragraph (1) shall enable such entities— ‘‘(C) review Federal payment structures be designed to— ‘‘(1) to implement local health information and differentials for health care providers ‘‘(A) enable health information technology infrastructures to facilitate the development that utilize health information technology to be used for the collection and use of clini- of interoperability across health care set- systems. cally specific data; tings to improve quality and efficiency; or ‘‘(7) TECHNICAL ASSISTANCE.—The Office ‘‘(B) promote the interoperability of health ‘‘(2) to facilitate the purchase and adoption shall utilize existing private sector quality care information across health care settings; of health information technology to improve improvement organizations to— ‘‘(C) facilitate clinical decision support quality and efficiency. ‘‘(A) promote the adoption of health infor- through the use of health information tech- ‘‘(b) ELIGIBILITY.—To be eligible to receive mation technology among healthcare pro- nology; and a loan guarantee under subsection (a) an en- viders; and ‘‘(D) ensure the privacy and confidentiality tity shall— ‘‘(B) provide technical assistance con- of medical records. ‘‘(1) with respect to an entity desiring a cerning the implementation of health infor- ‘‘(3) PUBLIC PRIVATE PARTNERSHIP.—Con- loan guarantee— mation technology to healthcare providers. sistent with activities being carried out on ‘‘(A) under subsection (a)(1), be a coalition ‘‘(8) FEDERAL REIMBURSEMENT.— the date of enactment of this title, including of entities that represent an independent ‘‘(A) IN GENERAL.—Not later than 6 months the Consolidated Health Informatics Initia- consortium of health care stakeholders with- after the date of enactment of this title, the tive (or a successor organization to such Ini- in a community that— Office shall make recommendations to the tiative), health information technology ‘‘(i) includes— President and the Secretary of Health and standards shall be adopted by the Director ‘‘(I) physicians (as defined in section Human Service on changes to Federal reim- under paragraph (1) at the conclusion of a 1881(r)(1) of the Social Security Act); bursement and payment structures that collaborative process that includes consulta- ‘‘(II) hospitals; and would encourage the adoption of information tion between the Federal Government and ‘‘(III) group health plans or other health technology (IT) to improve health care qual- private sector health care and information insurance issuers (as such terms are defined ity and safety. technology stakeholders. in section 2791); and ‘‘(B) PLAN.—Not later than 90 days after re- ‘‘(4) PRIVACY AND SECURITY.—The regula- ‘‘(ii) may include any other health care ceiving recommendations under subpara- tions promulgated by the Secretary under providers; or graph (A), the Secretary shall provide to the part C of title XI of the Social Security Act ‘‘(B) under subsection (a)(2) be a health relevant Committees of Congress a report (42 U.S.C. 1320d et seq.) and sections 261, 262, care provider; that provides, with respect to each rec- 263, and 264 of the Health Insurance Port- ‘‘(2) to the extent practicable, adopt the ommendation, a plan for the implementa- ability and Accountability Act of 1996 (42 national health information technology tion, or an explanation as to why implemen- U.S.C. 1320d–2 note) with respect to the pri- standards adopted under section 2903; tation is inadvisable, of such recommenda- vacy, confidentiality, and security of health ‘‘(3) provide assurances that the entity tions. The Office shall continue to monitor information shall apply to the implementa- shall submit to the Director regular reports federally funded and supported information tion of programs and activities under this on the activities carried out under the loan technology and quality initiatives (including title. guarantee, including— the initiatives authorized in this title), and ‘‘(5) PILOT TESTS.—To the extent practical, ‘‘(A) a description of the financial costs periodically update recommendations to the the Director shall pilot test the health infor- and benefits of the project involved and of President and the Secretary. mation technology data standards developed the entities to which such costs and benefits ‘‘(d) RESOURCES.—The President shall under paragraph (1) prior to their implemen- accrue; make available to the Office, the resources, tation under this section. ‘‘(B) a description of the impact of the both financial and otherwise, necessary to ‘‘(6) DISSEMINATION.— project on health care quality and safety; enable the Director to carry out the purposes ‘‘(A) IN GENERAL.—The Director shall en- of, and perform the duties and responsibil- and sure that the standards adopted under para- ‘‘(C) a description of any reduction in du- ities of the Office under, this section. graph (1) are widely disseminated to inter- ‘‘(e) DETAIL OF FEDERAL EMPLOYEES.—Upon plicative or unnecessary care as a result of ested stakeholders. the request of the Director, the head of any the project involved; ‘‘(B) LICENSING.—To facilitate the dissemi- Federal agency is authorized to detail, with- ‘‘(4) provide assurances that not later than nation and implementation of the standards out reimbursement from the Office, any of 30 days after the development of the stand- the personnel of such agency to the Office to developed and adopted under paragraph (1), ard quality measures pursuant to section assist it in carrying out its duties under this the Director may license such standards, or 2906, the entity shall submit to the Director section. Any such detail shall not interrupt utilize other means, to ensure the wide- regular reports on such measures, including or otherwise affect the civil service status or spread use of such standards. provider level data and analysis of the im- privileges of the Federal employee. ‘‘(b) IMPLEMENTATION OF STANDARDS.— pact of information technology on such ‘‘SEC. 2903. PROMOTING THE INTEROPERABILITY ‘‘(1) PURCHASE OF SYSTEMS BY THE SEC- measures; OF HEALTH CARE INFORMATION RETARY.—Effective beginning on the date ‘‘(5) prepare and submit to the Director an TECHNOLOGY SYSTEMS. that is 1 year after the adoption of the tech- application at such time, in such manner, ‘‘(a) DEVELOPMENT, AND FEDERAL GOVERN- nology standards pursuant to subsection (a), and containing such information as the Di- MENT ADOPTION, OF STANDARDS.— the Secretary shall not purchase any health rector may require. ‘‘(1) ADOPTION.— care information technology system unless ‘‘(c) USE OF FUNDS.—Amounts received ‘‘(A) IN GENERAL.—Not later than 2 years such system is in compliance with the stand- under a loan guarantee under subsection (a) after the date of the enactment of this title, ards adopted under subsection (a), nor shall shall be used— the Director, in collaboration with the Con- the Director approve any proposal pursuant ‘‘(1) with respect to a loan guarantee de- solidated Health Informatics Initiative (or a to section 2902(c)(3) unless such proposal uti- scribed in subsection (a)(1)— successor organization to such Initiative), lizes systems that are in compliance with ‘‘(A) to develop a plan for the implementa- shall provide for the adoption by the Federal the standards adopted under subsection (a). tion of a local health information infrastruc- Government of national data and commu- ‘‘(2) RECIPIENTS OF FEDERAL FUNDS.—Effec- ture under this section; nication health information technology tive on the date described in paragraph (1), ‘‘(B) to establish systems for the sharing of standards that promote the efficient ex- no appropriated funds may be used to pur- data in accordance with the national health change of data between varieties of provider chase a health care information technology information technology standards developed health information technology systems. In system unless such system is in compliance under section 2903; carrying out the preceding sentence, the Di- with applicable standards adopted under sub- ‘‘(C) to purchase directly related inte- rector may adopt existing standards. Except section (a). grated hardware and software to establish an as otherwise provided for in this title, stand- interoperable health information technology ards adopted under this section shall be vol- ‘‘(c) MODIFICATION OF STANDARDS.—The Di- system that is capable of linking to a local untary for private sector entities. rector shall provide for ongoing oversight of health care information infrastructure; and ‘‘(B) GRANTS OR CONTRACTS.—The Director the health information technology standards ‘‘(D) to train staff, maintain health infor- may utilize grants or contracts to provide developed under subsection (a) to— mation technology systems, and maintain for the private sector development of stand- ‘‘(1) identify gaps or other shortcomings in adequate security and privacy protocols; ards for adoption by the Federal Government such standards; and ‘‘(2) with respect to a loan guarantee de- under subparagraph (A). ‘‘(2) modify such standards when deter- scribed in subsection (a)(2)— ‘‘(C) DEFINITION.—In this paragraph, the mined appropriate or develop additional ‘‘(A) to develop a plan for the purchase and term ‘provide for’ means that the Director standards, in collaboration with standard installation of health information tech- shall promulgate, and each Federal agency setting organizations. nology;

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6336 CONGRESSIONAL RECORD — SENATE June 9, 2005 ‘‘(B) to purchase directly related inte- United States shall be subrogated to all of ‘‘(7) agree to provide matching funds in ac- grated hardware and software to establish an the rights of the recipient of the payments cordance with subsection (g). interoperable health information technology with respect to which the loan was made. ‘‘(c) USE OF FUNDS.—Amounts received system that is capable of linking to a na- ‘‘(ii) MODIFICATION OF TERMS.—Any terms under a grant under subsection (a) shall be tional or local health care information infra- and conditions applicable to a loan guar- used to— structure; and antee under this section may be modified by ‘‘(1) with respect to a grant described in ‘‘(C) to train staff, maintain health infor- the Director to the extent the Director de- subsection (a)(1)— mation technology systems, and maintain termines it to be consistent with the finan- ‘‘(A) to develop a plan for the implementa- adequate security and privacy protocols; and cial interest of the United States. tion of a local health information infrastruc- ‘‘(3) to carry out any other activities deter- ‘‘(3) DEFAULTS.—The Director may take ture under this section; mined appropriate by the Director. such action as the Director deems appro- ‘‘(B) to establish systems for the sharing of ‘‘(d) SPECIAL CONSIDERATIONS FOR CERTAIN priate to protect the interest of the United data in accordance with the national health ENTITIES.—In awarding loan guarantees States in the event of a default on a loan information technology standards developed under this section, the Director shall give guaranteed under this section, including tak- under section 2903; special consideration to eligible entities ing possession of, holding, and using real ‘‘(C) to implement, enhance, or upgrade a that— property pledged as security for such a loan comprehensive, electronic health informa- ‘‘(1) provide service to low-income and un- guarantee. tion technology system; and derserved populations; and ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(D) to maintain adequate security and ‘‘(2) agree to electronically submit the in- ‘‘(1) IN GENERAL.—There is authorized to be privacy protocols; formation described in paragraphs (3) and (4) appropriated to carry out this section, ‘‘(2) with respect to a grant described in of subsection (b) on a daily basis. $250,000,000 for each of fiscal years 2006 subsection (a)(2)— PECIAL CONSIDERATIONS FOR LOCAL ‘‘(e) S through 2011. HEALTH INFORMATION INFRASTRUCTURES.—In ‘‘(A) to develop a plan for the purchase and ‘‘(2) AVAILABILITY.—Amounts appropriated awarding loan guarantees under this section installation of health information tech- under subparagraph (A) shall remain avail- to local health information infrastructures, nology; able for obligation until expended. the Director shall give special consideration ‘‘(B) to purchase directly related inte- to eligible entities that— ‘‘SEC. 2905. GRANTS FOR THE PURCHASE OF grated hardware and software to establish an ‘‘(1) include at least 50 percent of the pa- HEALTH INFORMATION TECH- interoperable health information technology tients living in the designated coverage area; NOLOGY. system that is capable of linking to a na- ‘‘(2) incorporate public health surveillance ‘‘(a) IN GENERAL.—The Director may award tional or local health care information infra- and reporting into the overall architecture competitive grants to eligible entities— structure; and of the proposed infrastructure; and ‘‘(1) to implement local health information ‘‘(C) to train staff, maintain health infor- ‘‘(3) link local health information infra- infrastructures to facilitate the development mation technology systems, and maintain structures. of interoperability across health care set- adequate security and privacy protocols; ‘‘(f) AREAS OF SPECIFIC INTEREST.—In tings; or ‘‘(3) maintain adequate security and pri- awarding loan guarantees under this section, ‘‘(2) to facilitate the purchase and adoption vacy protocols; and the Director shall include— of health information technology. ‘‘(4) to carry out any other activities deter- ‘‘(1) entities with a coverage area that in- ‘‘(b) ELIGIBILITY.—To be eligible to receive mined appropriate by the Director. cludes an entire State; and a grant under section (a) an entity shall— ‘‘(d) SPECIAL CONSIDERATIONS FOR CERTAIN ‘‘(2) entities with a multi-state coverage ‘‘(1) demonstrate financial need to the Di- ENTITIES.—In awarding grants under this area. rector; section, the Director shall give special con- ‘‘(g) ADMINISTRATIVE PROVISIONS.— ‘‘(2) with respect to an entity desiring a sideration to eligible entities that— ‘‘(1) AGGREGATE AMOUNT.— grant— ‘‘(1) provide service to low-income and un- ‘‘(A) IN GENERAL.—Except as provided in ‘‘(A) under subsection (a)(1), represent an derserved populations; and subparagraph (B), the aggregate amount of independent consortium of health care ‘‘(2) agree to electronically submit the in- principal of loans guaranteed under sub- stakeholders within a community that— formation described in paragraphs (4) and (5) section (a) with respect to an eligible entity ‘‘(i) includes— of subsection (b). may not exceed $5,000,000. In any 12-month ‘‘(I) physicians (as defined in section ‘‘(e) SPECIAL CONSIDERATIONS FOR LOCAL period the amount disbursed to an eligible 1881(r)(1) of the Social Security Act); HEALTH INFORMATION INFRASTRUCTURES.—In entity under this section (by a lender under ‘‘(II) hospitals; and awarding grants under this section to local a guaranteed loan) may not exceed $5,000,000. ‘‘(III) group health plans or other health health information infrastructures, the Di- ‘‘(B) EXCEPTION.—The cumulative total of insurance issuers (as such terms are defined rector shall give special consideration to eli- the principal of the loans outstanding at any in section 2791); and gible entities that— time to which guarantees have been issued ‘‘(ii) may include any other health care ‘‘(1) include at least 50 percent of the pa- under subsection (a) may not exceed such providers; or tients living in the designated coverage area; limitations as may be specified in appropria- ‘‘(B) under subsection (a)(2) be a health ‘‘(2) incorporate public health surveillance tion Acts. care provider that provides health care serv- and reporting into the overall architecture ‘‘(2) PROTECTION OF FEDERAL GOVERN- ices to low-income and underserved popu- of the proposed infrastructure; and MENT.— lations; ‘‘(3) link local health information infra- ‘‘(A) IN GENERAL.—The Director may not ‘‘(3) adopt the national health information structures; approve an application for a loan guarantee technology standards developed under sec- under this section unless the Director deter- tion 2903; ‘‘(f) AREAS OF SPECIFIC INTEREST.—In mines that— ‘‘(4) provide assurances that the entity awarding grants under this section, the Di- ‘‘(i) the terms, conditions, security (if shall submit to the Director regular reports rector shall include— any), and schedule and amount of repay- on the activities carried out under the loan ‘‘(1) entities with a coverage area that in- ments with respect to the loan are sufficient guarantee, including— cludes an entire State; and to protect the financial interests of the ‘‘(A) a description of the financial costs ‘‘(2) entities with a multi-state coverage United States and are otherwise reasonable, and benefits of the project involved and of area. including a determination that the rate of the entities to which such costs and benefits ‘‘(g) MATCHING REQUIREMENT.— interest does not exceed such percent per accrue; ‘‘(1) IN GENERAL.—The Director may not annum on the principal obligation out- ‘‘(B) a description of the impact of the make a grant under this section to an entity standing as the Director determines to be project on health care quality and safety; unless the entity agrees that, with respect to reasonable, taking into account the range of and the costs to be incurred by the entity in car- interest rates prevailing in the private mar- ‘‘(C) a description of any reduction in du- rying out the infrastructure program for ket for loans with similar maturities, terms, plicative or unnecessary care as a result of which the grant was awarded, the entity will conditions, and security and the risks as- the project involved; make available (directly or through dona- sumed by the United States; and ‘‘(5) provide assurances that not later than tions from public or private entities) non- ‘‘(ii) the loan would not be available on 30 days after the development of the stand- Federal contributions toward such costs in reasonable terms and conditions without the ard quality measures pursuant to section an amount equal to not less than 20 percent enactment of this section. 2906, the entity shall submit to the Director of such costs ($1 for each $5 of Federal funds ‘‘(B) RECOVERY.— regular reports on such measures, including provided under the grant). ‘‘(i) IN GENERAL.—The United States shall provider level data and analysis of the im- ‘‘(2) DETERMINATION OF AMOUNT CONTRIB- be entitled to recover from the applicant for pact of information technology on such UTED.—Non-Federal contributions required a loan guarantee under this section the measures; under paragraph (1) may be in cash or in amount of any payment made pursuant to ‘‘(6) prepare and submit to the Director an kind, fairly evaluated, including equipment, such loan guarantee, unless the Director for application at such time, in such manner, technology, or services. Amounts provided good cause waives such right of recovery, and containing such information as the Di- by the Federal Government, or services as- and, upon making any such payment, the rector may require; and sisted or subsidized to any significant extent

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6337 by the Federal Government, may not be in- the Federal Government, and the state of will have a chance to enjoy and cherish cluded in determining the amount of such quality measurement for priority areas that them. non-Federal contributions. links data to the report submitted under That is why I am pleased to intro- ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— paragraph (2) for the year involved; and duce the National Oceans Protection ‘‘(1) IN GENERAL.—There is authorized to be ‘‘(2) submit to Congress a report that de- appropriated to carry out this section, tails areas of clinical care requiring further Act of 2005—comprehensive legislation $250,000,000 for each of fiscal years 2006 research necessary to establish effective to improve the health and governance through 2011. clinical treatments that will serve as a basis of our oceans. The bill is co-sponsored ‘‘(2) AVAILABILITY.—Amounts appropriated for additional quality indicators. by Senator LAUTENBERG. under paragraph (1) shall remain available ‘‘(e) COMPARATIVE QUALITY REPORTS.—Be- This legislation ‘‘was written after for obligation until expended.’’. ginning not later than 3 years after the date two major oceans commission reports SEC. 3. STANDARDIZED MEASURES OF QUALITY of enactment of this title, in order to make in the past two years determined that HEALTH CARE AND DATA COLLEC- comparative quality information available TION. to health care consumers, including mem- our oceans are in a state of crisis. The Title XXIX of the Public Health Service bers of health disparity populations, health congressionally-established U.S. Com- Act, as added by section 2, is amended by professionals, public health officials, re- mission on Ocean Policy and the inde- adding at the end the following: searchers, and other appropriate individuals pendent Pew Oceans Commission pro- ‘‘SEC. 2906. STANDARDIZED MEASURES OF QUAL- and entities, the Secretaries shall provide for vided detailed descriptions of the chal- ITY HEALTH CARE. the pooling, analysis, and dissemination of lenges our oceans are facing as well as ‘‘(a) IN GENERAL.— quality measures collected under this sec- specific solutions to improve ocean ‘‘(1) COLLABORATION.—The Secretary of tion. Nothing in this section shall be con- health. Health and Human Services, the Secretary of strued as modifying the privacy standards Defense, and the Secretary of Veterans Af- under the Health Insurance Portability and From pollution to over-fishing to fairs (referred to in this section as the ‘Sec- Accountability Act of 1996 (Public Law 104– invasive species, there are many fac- retaries’), in consultation with the Quality 191). tors that have contributed to the cur- Interagency Coordination Taskforce (as es- ‘‘(f) ONGOING EVALUATION OF USE.—The rent crisis in which we find ourselves. tablished by Executive Order on March 13, Secretary of Health and Human Services Pollution threatens all aspects of 1998), the Institute of Medicine, the Joint shall ensure the ongoing evaluation of the ocean health. Every 8 months, nearly Commission on Accreditation of Healthcare use of the health care quality measures es- 11 million gallons of oil flow from Organizations, the National Committee for tablished under this section. Quality Assurance, the American Health ‘‘(g) EVALUATION AND REGULATIONS.— American roads into our waters—the Quality Association, the National Quality ‘‘(1) EVALUATION.— equivalent of the Exxon Valdez oil Forum, the Medicare Payment Advisory ‘‘(A) IN GENERAL.—The Secretary shall, di- spill. Committee, and other individuals and orga- rectly or indirectly through a contract with Our oceans are also showing signs of nizations determined appropriate by the Sec- another entity, conduct an evaluation of the being over-fished, which affects the retaries, shall establish uniform health care collaborative efforts of the Secretaries to es- communities that depend on fish quality measures to assess the effectiveness, tablish uniform health care quality measures stocks for their livelihood. Many fish timeliness, patient-centeredness, efficiency, and reporting requirements for federally sup- populations, including salmon, face the equity, and safety of care delivered across all ported health care delivery programs as re- federally supported health delivery pro- quired under this section. threat of being depleted to seriously grams. ‘‘(B) REPORT.—Not later than 1 year after low levels. Invasive species—such as ‘‘(2) DEVELOPMENT OF MEASURES.—Not later the date of enactment of this title, the Sec- the killer algae found near San Diego than 18 months after the date of enactment retary of Health and Human Services shall in 2000—are another threat to ocean of this title, the Secretaries shall develop submit a report to the appropriate commit- health. In the San Francisco Bay standardized sets of quality measures for tees of Congress concerning the results of alone, more than 175 invasive species each of the 20 priority areas for improvement the evaluation under subparagraph (A). threaten to overwhelm native species. in health care quality as identified by the In- ‘‘(2) REGULATIONS.— By targeting some of the most seri- stitute of Medicine in their report entitled ‘‘(A) PROPOSED.—Not later than 6 months ous challenges facing our oceans, as ‘Priority Areas for National Action’ in 2003, after the date on which the report is sub- or other such areas as identified by the Sec- mitted under paragraph (1)(B), the Secretary outlined in the Commissions’ reports, retaries in order to assist beneficiaries in shall publish proposed regulations regarding my legislation provides a comprehen- making informed choices about health plans the application of the uniform health care sive national approach to oceans pro- or care delivery systems. The selection of ap- quality measures and reporting requirements tection and preservation. propriate quality indicators under this sub- described in this section to federally sup- Let me just mention a couple of the section shall include the evaluation criteria ported health delivery programs. important provisions in four key areas: formulated by clinical professionals, con- ‘‘(B) FINAL REGULATIONS.—Not later than 1 First, the bill improves the govern- sumers, and data collection experts. year after the date on which the report is ance of the oceans by giving the Na- ‘‘(3) PILOT TESTING.—Each federally sup- submitted under paragraph (1)(B), the Sec- ported health delivery program may conduct retary shall publish final regulations regard- tional Oceanic and Atmospheric Ad- a pilot test of the quality measures devel- ing the uniform health care quality meas- ministration the independence it needs oped under paragraph (2) that shall include a ures and reporting requirements described in to better facilitate the management collection of patient-level data and a public this section. and oversight of our oceans. release of comparative performance reports. ‘‘(h) DEFINITIONS.—In this section, the Second, the bill protects and con- ‘‘(b) PUBLIC REPORTING REQUIREMENTS.— term ‘federally supported health delivery serves marine wildlife and habitat by, The Secretaries, working collaboratively, program’ means a program that is funded by among other things, creating protec- shall establish public reporting requirements the Federal Government under which health tion areas and authorizing $50 million for clinicians, institutional providers, and care items or services are delivered directly health plans in each of the federally sup- to patients.’’. per year in grants to local commu- ported health delivery program described in nities to restore fisheries and coastal subsection (a). Such requirements shall pro- By Mrs. BOXER (for herself and areas. vide that the entities described in the pre- Mr. LAUTENBERG): Third, the bill strengthens fisheries ceding sentence shall report to the appro- S. 1224. A bill to protect the oceans, and encourages sustainable fishing in a priate Secretary on the measures developed and for other purposes; to the Com- number of ways, including requiring under subsection (a). mittee on Commerce, Science, and that entire ecosystems be taken into ‘‘(c) FULL IMPLEMENTATION.—The Secre- taries, working collaboratively, shall imple- Transportation. account when considering the health of ment all sets of quality measures and report- Mrs. BOXER. Mr. President, as we a fishery. ing systems developed under subsections (a) commemorate World Oceans Week, we And, fourth, the bill improves the and (b) by not later than the date that is 1 celebrate the wonder and beauty of the quality of ocean water by establishing year after the date on which the measures world’s oceans. We celebrate the role maximum amounts of pollution that a are developed under subsection (a)(2). our oceans play in commerce, fishing body of water can hold and still be ‘‘(d) REPORTS.—Not later than 1 year after and shipping. We celebrate the beauty healthy. In addition, financial assist- the date of enactment of this title, and annu- of our coral reefs and the potential life- ance will be provided to local govern- ally thereafter, the Secretary shall— ‘‘(1) submit to Congress a report that de- saving cures they might contain. And ments to reduce pollution and increase tails the collaborative efforts carried out we celebrate our commitment to im- monitoring. under subsection (a), the progress made on proving the health of our oceans, so For their contributions to this legis- standardizing quality indicators throughout that our children and grandchildren lation and their great leadership on

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6338 CONGRESSIONAL RECORD — SENATE June 9, 2005 oceans issues, I would like to thank NOAA must carry out a comprehensive SUPPORT FOR THE NATIONAL OCEANS Senators INOUYE, GREGG, LAUTENBERG, ocean exploration and mapping program to PROTECTION ACT OF 2005 and LEVIN, as well as former Senator determine areas where coral and other crea- NATIONAL ORGANIZATIONS Hollings. tures live and the marine environments on Natural Resources Defense Council; The It is my hope that this bill will pro- which they depend for food and habitat. Ocean Conservancy; Oceana; Sierra Club; Na- Based on this data, NOAA may establish tional Environmental Trust; Worldwide vide the framework needed to protect Coral Management Areas, which would trig- and improve our oceans. The great en- Fund for Conservation; U.S. PIRG; Defenders ger protection from certain fishing gear and of Wildlife; E2 (Environmental Entre- vironmentalist and ocean-explorer practices, such as ‘rockhopper’ trawling gear preneurs); Ocean Champions; Blue Frontier Jacques Cousteau once said, ‘‘If we on fishing nets that tear up essential habi- Campaign; Pacific Coast Federation of Fish- were logical, the future would be bleak, tat. ermen’s Associations; Marine Fish Conserva- indeed. But we are more than logical. Authorizes $3 million per year for research tion Network; The Humane Society; ASPCA; We are human beings, and we have on the effects of noise pollution (i.e. sonar) Seaflow; Surfrider; Association of National on marine mammals. Estuary Programs; Ocean Defense Inter- faith, and we have hope, and we can Establishes a voluntary buyback program work.’’ national; Earth Island Institute; for environmentally and ecologically unsafe Waterkeepers; America’s Whale Alliance; As we celebrate World Oceans Week, ‘‘gear’’—such as boat engines. Center for International Environmental it is my hope that we can work to- Prohibits almost all discharges of ballast Law; Acoustic Ecology Institute; Greenpeace gether to provide a bright future for water in U.S. waters and requires ships to in- Foundation; Earthtrust; Western Wildlife the world’s oceans and continue to pro- stall technology to capture invasive species Conservancy; Mangrove Action Project; The tect our coastal economy. in ballast water before discharge—and cre- Whaleman Foundation; Campaign to Safe- I encourage my colleagues to join me ates an early detection and rapid response guard America’s Waters; Reef Relief; in this effort to implement the rec- system to provide assistance to states to WildLaw; Conservation Law Foundation; protect against invasive species. ommendations of the U.S. Commission Cook Inlet Keeper; Cry of the Water; Global Authorizes $50 million per year in grants Coral Reef Alliance; Save Our Shoreline, Inc; on Ocean Policy and the Pew Ocean to local communities to restore fishery and Marine Conservation Biology Institute; Pub- Commission. coastal habitats. lic Employees for Environmental Responsi- I ask unanimous consent that a sum- Authorizes $500 million per year in grants bility (PEER); Reef Protection Inter- mary of the bill and list of endorse- to local communities to purchase lands that national; International Forum on ments be printed in the RECORD. are vulnerable to development and are im- Globalization; The Ocean Mammal Institute; There being no objection, the mate- portant to the protection and preservation of Endangered Species Coalition. rial was ordered to be printed in the habitats. CALIFORNIA ORGANIZATIONS RECORD, as follows: 3. STRENGTHENING FISHERIES AND FISH California League of Conservation Voters; HABITAT Aquatic Adventures Science Education THE NATIONAL OCEANS PROTECTION ACT Requires that, when determining the Foundation, San Diego; The Bay Institute, 1. IMPROVING THE GOVERNANCE OF THE OCEANS health of a fishery, the entire ecosystem be Novato; Baykeeper, San Francisco; Bolinas The Ernest ‘‘Fritz’’ Hollings National Ocean taken into account, not just the health of a Lagoon Foundation, Stinson Beach; Cali- Policy and Leadership Act particular fish species. fornia Greenworks, Buena Park; Catalina Is- Establishes an independent National Oce- Each regional fishery council must estab- land Conservancy, Avalon; Community Envi- anic and Atmospheric Administration lish a science and statistical committee ronmental Council, Santa Barbara; Crystal (NOAA). (SSC) to help develop, collect, and evaluate Cove Alliance, Corona Del Mar; Endangered Independence will occur after a two-year statistical, biological, economic, social, and Habitats League, Los Angeles; The Environ- transition period. other scientific information—the regional mental Action Committee of West Marin, Creates a Council on Ocean Stewardship councils must then set fish take allowances Point Reyes Station; Environmental Center that will annually review funding, policy that are consistent with the SSC determina- of San Luis Obispo County, San Luis Obispo; recommendations, and programs for ocean tions, but even greater conservation meas- Environmental Defense Center, Santa Bar- protection. ures can be taken. bara; Friends of Santa Ana Zoo, Santa Ana; The Council will function as a federal co- Authorizes $115 million over five years for Friends of the Sea Otter, Pacific Grove; ordinating body of the various agencies that NOAA and the regional fishery councils to Golden Gate Audubon Society, Berkeley; deal with oceans issues, and will be placed in develop ecosystem-wide plans to protect and Grassroots Coalition, Los Angeles; Guada- the Executive Office of the President. sustain fisheries. lupe-Nipomo Dunes Center and Guadalupe- Other Governance Provisions Requires NOAA to establish standards for Nipomo Dunes Collaborative; Heal the Bay, Requires that all activities on the Outer reducing bycatch and authorizes $55 million Santa Monica; Huntington Beach Tree Soci- Continental Shelf—such as wave energy over five years to monitor compliance with ety, Huntington Beach; The Marine Mammal projects, bioextraction by biotech compa- those standards. Center, Sausalito; Monterey Bay Aquarium, nies, and wind energy projects—receive a Creates Individual Fishing Quotas (IFQ) Monterey Monterey Bay Sanctuary Founda- federal permit to ensure that projects do not that are equitably allocated and that protect tion, Monterey Moss Landing Marine Lab- pose an adverse threat to the health of the against bycatch, overfishing, and economic oratories, Moss Landing; Newport Bay Natu- oceans current law only requires permits for harm to local communities. ralists and Friends, Newport Beach; The oil and gas activities. 4. IMPROVING THE QUALITY OF OCEAN WATER Ocean Conservancy, Santa Cruz Field Office Ocean Institute, Dana Point; O’Neill Sea Od- NOAA, working with other relevant agen- Requires EPA to establish maximum yssey, Santa Cruz; The Orange County Inter- cies such as the EPA or the Army Corps of amounts of nutrient runoff pollution that a faith Coalition for the Environment, Tustin; Engineers, will develop the permitting proc- body of water can hold and still be healthy, PRBO Conservation Science, Stinson Beach; ess, specifically to protect and preserve the taking into account regional conditions and marine environment, conserve fisheries and San Diego Audubon Society, San Diego; San reasonable economic considerations. Diego Baykeeper San Francisco Zoo, San natural resources, and protect public health Requires water utilities to establish water Francisco; San Luis Bay Surfrider Founda- and safety. treatment standards to remove nutrient pol- tion, San Luis Obispo San Luis Obispo NOAA makes the final determination of lution. whether the activity poses a threat to any of Mandates best management practices for Coastkeeper, San Luis Obispo; Santa Bar- bara Channelkeper, Santa Barbara; Santa these interests—and if so, a permit will not agriculture—requiring farmers, to the great- Monica Bay Audubon Society, Santa Monica be given. est extent practicable, to take steps to cur- Save Our Shores, Santa Cruz; Sea Studios Establishes a Trust Fund in the U.S. Treas- tail runoff. ury and administered by NOAA composed of Expedites beach pollution testing and post- Foundation, Monterey; Southwest Wetlands Federal money generated from these newly ing by determining which beaches are most Interpretive Association, Imperial Beach; permitted activities; funds will be used for at risk of dangerous water conditions and re- Steinhart Aquarium at the California Acad- ocean conservation, science and research, quiring beach closures as soon as practicable emy of Sciences, San Francisco; Surfrider Foundation, Marin County; Surfrider Foun- and assistance to displaced fishermen. but not longer than 48 hours after discovery. Prohibits NOAA from issuing any lease for Requires public notification and testing of dation—Monterey Chapter; Trillium Press, marine aquaculture until strong national sewer overflows. Brisbane; Wildcoast, Imperial Beach; standards and regulations are issued to pro- Authorizes $11.2 billion per year in funding Wishtoyo Foundation, Oxnard; Baykeeper, tect fish stocks from disease, parasites, and for state and local governments to reduce San Francisco; Catalina Island Conservancy, invasive species and to prevent water quality stormwater pollution and to increase moni- Avalon; Environmental Defense Center, impairment. toring and testing. Santa Barbara; The Marine Mammal Center, 2. PROTECTING AND CONSERVING MARINE Requires a survey and continuous moni- Sausalito. WILDLIFE AND HABITAT toring of contaminated sediments that are ELECTED OFFICIALS Provides protection for ecologically-impor- threats to bodies of water, and establishes Marty Blum, Mayor, City of Santa Bar- tant coral areas by creating ‘‘Coral Manage- standards to protect sensitive aquatic spe- bara; Harold Brown, President, Marin Coun- ment Areas.’’ cies from contaminated sediments. ty Board of Supervisors; Denise Moreno

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6339 Ducheny, California State Senator, 40th Dis- private sector institutions of higher edu- able to start, grow and develop a busi- trict; Donna Frye, Councilniember, City of cation and Government, working together to ness. San Diego; Fred Keeley, Treasurer-Tax Col- support small businesses and entrepreneur- lector, County of Santa Cruz; Christine ship; Among the most valuable assets for Kehoe, California State Senator, 39th Dis- Whereas the Small Business Development any entrepreneur is the SBA’s Small trict; John Laird, California State Assembly Centers have been a critical partner in the Business Development Center program. member, 27th Assembly District; Patricia start-up and growth of the Nation’s small Over the past 25 years, the SBDCs have McCoy, Councilmember, City of Imperial businesses ; provided unique one-on-one counseling Beach; Kevin McKeown, Councilmember, Whereas in 2004, the Small Business Devel- to over 11 million Americans helping City of Santa Monica; Aaron Peskin, Presi- opment Centers counseled and trained ap- new business start-ups, sustain strug- proximately 750,000 new and existing small dent, San Francisco Board of Supervisors; gling firms, and expand growth for ex- Wayne Rayfield, Mayor, City of Dana Point; businesses; Murray Rosenbluth, Mayor, City of Port Whereas the Small Business Development isting firms. Hueneme; Diana Rose, Mayor, City of Impe- Centers deliver specialized assistance Through a network of 63 lead centers rial Beach; Susan Rose, Supervisor, Santa through a network of 63 lead centers and and more than 1,100 service locations, Barbara County; Bill Rosendahl, more than 1,100 service locations, in all 50 the SBDCs deliver their services in all States, the District of Columbia, Puerto Councilmember-Elect, City of Los Angeles; 50 States, as well as the District of Co- Lori Saldafin˜ a, Californa State Assembly Rico, the Virgin Islands, Guam, and Amer- member and Assistant Majority Whip, 76th ican Samoa; lumbia, Puerto Rico, the Virgin Is- District; Esther Sanchez, Deputy Mayor, Whereas the Small Business Development lands, Guam, and American Samoa. City of Oceanside; Das Williams, Centers provide assistance tailored to the From financial management, to mar- Councilmember, City of Santa Barbara; local community and the needs of the client, keting to procurement assistance, the Mayda Winter, Councilmember, City of Im- including counseling and training on finan- SBDCs tailor their counseling and perial Beach. cial management, marketing, production training to the needs of the client in and organization, international trade assist- INDIVIDUALS ance, procurement assistance, venture cap- each local community. Jean-Michel Cousteau, President, Ocean ital formation, and rural development, In addition, the SBDCs have an ex- Futures Society; Dr. Sylvia Earle, Explorer- among other services that improve the eco- traordinary record of excellence. Hav- in Residence, the National Geographic Soci- nomic environment in which small busi- ing counseled and trained more than ety; Gary Griggs, Director, Institute of Ma- nesses compete; 50,000 business owners and entre- rine Sciences, University of California Santa Whereas in 2003, the Small Business Devel- Cruz; David Helvarg, Author, Blue Frontier— opment Center’s in-depth counseling helped preneurs in 1980, today they counsel Saving America’s Living Seas; Kurt Lieber, small businesses generate nearly and train almost three-quarters of a President and Founder, Ocean Defenders Al- $6,000,000,000 in revenues and save an addi- million start-ups and existing small liance; Mark Silberstein, Executive Director, tional $7,000,000,000 in sales; businesses annually. Moreover, in 2003, Elkhorn Slough Foundation; Dr. Susan Wil- Whereas in 2003, the Small Business Devel- the SBDCs helped create and retain liams, Director, Bodega Marine Laboratory. opment Centers helped create and retain over 163,000 jobs across America. OTHER ORGANIZATIONS over 163,000 jobs across the United States; and In 2004 alone, the SBDCs in my home Gulf of Mexico Foundation; Turtle Island Whereas the Small Business Development State of Maine assisted entrepreneurs Restoration Network; Potomac Riverkeeper; Centers proudly celebrate 25 years of service in obtaining over $16 million in loans, Coastwalk; Gulf Restoration Network; Flor- to America’s small business owners and en- helped create and retain over 700 jobs, ida Oceanographic Society; Patapsco trepreneurs: Now, therefore, be it Riverkeeper, Inc.; The Coastal Marine Re- counseled nearly 3,000 clients and held Resolved, That the Senate— source Center of New York; New York Whale 200 training events. Just as there’s no (1) congratulates the Small Business De- and Dolphin Action League; San Francisco question that small businesses are the velopment Centers of the Small Business Ad- Ocean Film Festival. lifeblood of our economy, SBDCs are ministration on their 25 years of service to f America’s small business owners and entre- truly the lifeline for entrepreneurs. preneurs; As we celebrate the SBDCs 25th An- SUBMITTED RESOLUTIONS (2) recognizes their service in helping niversary, we must reaffirm our com- America’s small businesses start, grow, and mitment to foster an environment that flourish; and is favorable to economic growth and SENATE RESOLUTION 165—CON- (3) directs the Secretary of the Senate to development for new and growing GRATULATING THE SMALL BUSI- transmit an enrolled copy of this resolution firms. On that note, the 36 percent cut NESS DEVELOPMENT CENTERS to the Association for Small Business Devel- in the SBA’s budget over the last five OF THE SMALL BUSINESS AD- opment Centers for appropriate display. years has been a step in the wrong di- MINISTRATION ON THEIR 25 Ms. SNOWE. Mr. President, I rise rection, and it is a misjudgement I YEARS OF SERVICE TO AMER- today in support of a Senate resolution hope Congress will reverse. I will con- ICA’S SMALL BUSINESS OWNERS that honors the Small Business Admin- tinue to fight to ensure that the SBA AND ENTREPRENEURS istration’s (SBA’s) Small Business De- velopment Centers (SBDCs) on their and its resource partners like the Ms. SNOWE (for herself, Mr. COLE- tremendous service and dedication to SBDCs obtain the valuable resources MAN, Mr. ISAKSON, Mr. VITTER, Ms. America’s small businesses and entre- they deserve. LANDRIEU, Mr. KERRY, Mr. BURNS, Mr. preneurs over the past 25 years. The challenges of starting a new PRYOR, Mr. BAYH, and Mr. LIEBERMAN) Small businesses form a solid founda- business are surpassed only by the de- submitted the following resolution; tion for economic growth and job cre- termination and ingenuity of Amer- which was referred to the Committee ation. The successes of our Nation’s 25 ica’s entrepreneurs. By strengthening on Small Business and Entrepreneur- million small businesses have helped the SBA’s core programs such as the ship: create nearly three-quarters of all new SBDC program, we can encourage job S. RES. 165 jobs and produce 50 percent of our growth and provide American small Whereas in 1980, Congress established the country’s Gross Domestic Product. businesses an even greater opportunity Small Business Development Center program to thrive and prosper. to deliver management and technical assist- As Chair of the Senate Committee on ance counseling and provide educational pro- Small Business and Entrepreneurship, I Today I urge my colleagues to show grams to prospective and existing small busi- understand that the spirit of entre- their support for the Small Business ness owners; preneurs, to explore beyond their lim- Development Center program during Whereas over the last 25 years, the Small its, is the engine driving our economy. their silver anniversary and support Business Development Center network coun- Each year 3 to 4 million new businesses this Resolution. Small Business Devel- seled and trained more than 11,000,000 small open their doors to the marketplace opment Centers are a critical compo- business owners and entrepreneurs, helping small businesses start and grow and create and one in 25 adult Americans takes nent to strengthening our Nation’s jobs in the United States; the steps to start a business. Clearly, it economy and creating American jobs, Whereas the Small Business Development is essential we ensure that every Amer- and they clearly deserve our accolades Centers exemplify the partnership between ican has the necessary resources avail- and recognition.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6340 CONGRESSIONAL RECORD — SENATE June 9, 2005 SENATE RESOLUTION 166—TO AU- SENATE CONCURRENT RESOLU- nomic Advisers; and Mr. Brian D. THORIZE THE PRINTING OF A TION 41—RECOGNIZING THE SAC- Montgomery, of Texas, to be assistant COLLECTION OF THE RULES OF RIFICES BEING MADE BY THE secretary of Housing/Federal Housing THE COMMITTEES OF THE SEN- FAMILIES OF MEMBERS OF THE Commissioner, U.S. Department of ATE ARMED FORCES AND SUP- Housing and Urban Development. PORTING THE DESIGNATION OF The PRESIDING OFFICER. Without Mr. LOTT submitted the following A WEEK AS NATIONAL MILITARY objection, it is so ordered. resolution; which was considered and FAMILIES WEEK COMMITTEE ON COMMERCE, SCIENCE, AND agreed to: Mr. HAGEL (for himself and Mr. TRANSPORTATION Mr. SESSIONS. Mr. President, I ask S. RES. 166 MARTINEZ) submitted the following concurrent resolution; which was re- unanimous consent that the Com- Resolved, That a collection of the rules of ferred to the Committee on Armed mittee on Commerce, Science, and the committees of the Senate, together with Services: Transportation be authorized to meet related materials, be printed as a Senate on Review of General Aviation Secu- S. CON. RES. 41 document, and that there be printed 500 addi- rity, at 11 a.m., on Thursday, June 9, tional copies of such document for the use of Whereas the people of the United States 2005, in SR–253. the Committee on Rules and Administration. have a sincere appreciation for the sacrifices being made by the families of members of The PRESIDING OFFICER. Without the Armed Forces while their loved ones are objection, it is so ordered. f deployed in the service of their country; COMMITTEE ON FOREIGN RELATIONS Whereas military families face unique Mr. SESSIONS. Mr. President, I ask SENATE RESOLUTION 167—RECOG- challenges while their loved ones are de- unanimous consent that the Com- NIZING THE IMPORTANCE OF ployed because of the lengthy and dangerous mittee on Foreign Relations be author- SUN SAFETY, AND FOR OTHER nature of these deployments; Whereas the strain on military family life ized to meet during the session of the PURPOSES is further increased when these deployments Senate on Thursday, June 9, 2005 at become more frequent; 10:30 a.m. to hold a hearing on nomina- Mr. MCCAIN (for himself and Mr. Whereas military families on the home tions. SUNUNU) submitted the following reso- front remain resilient because of their com- The PRESIDING OFFICER. Without lution; which was considered and prehensive and responsive support system; objection, it is so ordered. Whereas the brave members of the Armed agreed to: COMMITTEE ON FOREIGN RELATIONS Forces who have defended the United States S. RES. 167 since September 11, 2001, continue to have in- Mr. SESSIONS. Mr. President, I ask Whereas Americans of all ages cherish the credible, unending support from their fami- unanimous consent that the Com- pleasures of outdoor activities, and too few lies; and mittee on Foreign Relations be author- recognize that overexposure to the sun and Whereas the week of June 12, 2005, has been ized to meet during the session of the its ultraviolet radiation, classified by the proposed to be designated as National Mili- Senate on Thursday, June 9, 2005 at 2:30 Department of Health and Human Services tary Families Week: Now, therefore be it p.m. to hold a hearing on the Western as a known carcinogen, is the leading cause Resolved by the Senate (the House of Rep- Hemisphere. of skin cancer; resentatives concurring), That Congress— The PRESIDING OFFICER. Without (1) recognizes the sacrifices of military Whereas it is critically important to be objection, it is so ordered. safe in the sun because skin cancer is the families and the support they provide for fastest growing cancer in our country today, their loved ones serving as members of the COMMITTEE ON HEALTH, EDUCATION, LABOR, affecting 1 in 5 Americans during their life- Armed Forces; and AND PENSIONS times and killing 1 person every hour of (2) supports the designation of a week as Mr. SESSIONS. Mr. President, I ask every day; National Military Families Week. unanimous consent that the Com- Whereas more than 1,000,000 new cases of f mittee on Health, Education, Labor, skin cancer will be diagnosed in the United and Pensions be authorized to hold a States this year, accounting for nearly half AUTHORITY FOR COMMITTEES TO hearing during the session of the Sen- of all new cases of cancer and exceeding the MEET ate on Thursday, June 9, 2005 at 10 a.m. incidence of breast, prostate, lung, and colon in SD–430. cancer combined; COMMITTEE ON AGRICULTURE, NUTRITION, AND Whereas most people receive approxi- FORESTRY The PRESIDING OFFICER. Without mately 80 percent of their lifetime sun expo- Mr. SESSIONS. Mr. President, I ask objection, it is so ordered. sure by age 18, setting the stage for skin can- unanimous consent that the Com- COMMITTEE ON THE JUDICIARY cer later in life; mittee on Agriculture, Nutrition and Mr. SESSIONS. Mr. President, I ask Whereas skin cancer is highly preventable Forestry be authorized to conduct a unanimous consent that the Com- by taking simple precautions when engaged hearing during the session of the Sen- mittee on the Judiciary be authorized in outdoor activities; ate on Thursday, June 9, 2005 at 2 p.m. to meet to conduct a markup on Thurs- Whereas research demonstrates that prac- in SR–328A. The purpose of this hearing ticing good sun safety has the potential to day, June 9, 2005, at 9:30 a.m. in Dirk- significantly reduce the risk of skin cancer; will be to review the nominations of sen Room 226. Mr. Walter Lukken and Mr. Reuben Whereas the Sun Safety Alliance and its Agenda members have dedicated themselves to pro- Jeffries to be commissioners of the moting sun safety, eliminating skin cancer Commodity Futures Trading Commis- I. Nominations: from excessive sun exposure, and encour- sion and also for Mr. Jeffries to be Terrence W. Boyle, II to be U.S. Cir- aging sun protection practices, especially chairman of the Commission. among children; and cuit Judge for the Fourth Circuit; The PRESIDING OFFICER. Without Brett M. Kavanaugh to be U.S. Circuit Whereas the Sun Safety Alliance has des- objection, it is so ordered. ignated the week of June 5, 2005, to June 11, Judge for the District of Columbia; Ra- 2005, as National Sun Safety Week: Now, COMMITTEE ON BANKING, HOUSING, AND URBAN chel Brand to be an Assistant Attorney therefore, be it AFFAIRS General for the Office of Legal Policy; Resolved, That the Senate— Mr. SESSIONS. Mr. President, I ask Alice S. Fisher to be an Assistant At- (1) recognizes unanimous consent that the Com- torney General for the Criminal Divi- (A) the importance of sun safety; and mittee on Banking, Housing, and sion. (B) the need for school-based sun safety Urban Affairs be authorized to meet education programs; during the session of the Senate on II. Bills: (2) encourages all Americans to protect Thursday, June 9, 2005, at 10 a.m. to S. 491, Christopher Kangas Fallen themselves and their children from the dan- mark up S. 582 ‘‘The Little Rock Cen- Firefighter Apprentice Act, Specter, gers of excessive sun exposure; tral High School Desegregation 50th Leahy; (3) congratulates the Sun Safety Alliance for its efforts to promote sun safety and pre- Anniversary Commemorative Coin S. 1181, Which is Section 8 of Open- vent skin cancer; and Act,’’ and to vote on the nomination of ness Promotes Effectiveness in our Na- (4) supports the goals and ideas of National Mr. Ben S. Bernanke, of New Jersey, to tional Government Act of 2005, Cornyn, Sun Safety Week. be a member of the Council of Eco- Leahy, Feingold.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6341 III. Matters: The assistant legislative clerk read Whereas the Sun Safety Alliance and its members have dedicated themselves to pro- Senate Judiciary Committee Rules. as follows: A resolution (S. Res. 166) to authorize the moting sun safety, eliminating skin cancer The PRESIDING OFFICER. Without from excessive sun exposure, and encour- objection, it is so ordered. printing of the collection of rules of the committees of the Senate. aging sun protection practices, especially COMMITTEE ON VETERANS’ AFFAIRS among children; and There being no objection, the Senate Whereas the Sun Safety Alliance has des- Mr. SESSIONS. Mr. President, I ask proceeded to consider the resolution. unanimous consent that the Com- ignated the week of June 5, 2005, to June 11, Mr. FRIST. I ask unanimous consent 2005, as National Sun Safety Week: Now, mittee on Veterans’ Affairs be author- the resolution be agreed to, the motion therefore, be it ized to meet during the session of the to reconsider be laid on the table, and Resolved, That the Senate— Senate on Thursday, June 9, 2005, for a any statements relating to the resolu- (1) recognizes (A) the importance of sun safety; and committee hearing to receive testi- tion be printed in the RECORD. mony on various healthcare-related The PRESIDING OFFICER. Without (B) the need for school-based sun safety education programs; bills pending before the Committee. objection, it is so ordered. The hearing will take place in Room (2) encourages all Americans to protect The resolution (S. Res. 166) was themselves and their children from the dan- 418 of the Russell Senate Office Build- agreed to, as follows: gers of excessive sun exposure; ing at 10 a.m. S. RES. 166 (3) congratulates the Sun Safety Alliance The PRESIDING OFFICER. Without Resolved, That a collection of the rules of for its efforts to promote sun safety and pre- objection, it is so ordered. the committees of the Senate, together with vent skin cancer; and SUBCOMMITTEE ON BIOTERRORISM AND PUBLIC related materials, be printed as a Senate (4) supports the goals and ideas of National HEALTH PREPAREDNESS document, and that there be printed 500 addi- Sun Safety Week. Mr. SESSIONS. Mr. President, I ask tional copies of such document for the use of f the Committee on Rules and Administration. unanimous consent that the Sub- THANKING THE SPRING 2005 committee on Bioterrorism and Public f PAGES Health Preparedness, be authorized to RECOGNIZING THE IMPORTANCE Mr. FRIST. Mr. President, before we hold a hearing during the session of the OF SUN SAFETY leave I want to give a final thanks to Senate on Thursday, June 9, 2005 at 2 Mr. FRIST. I ask unanimous consent the page class of the spring of 2005. To- p.m. in SD–430. the Senate now proceed to the consid- morrow is a special day. They will be The PRESIDING OFFICER. Without eration of S. Res. 167, submitted earlier receiving their certificates and will be objection, it is so ordered. today. leaving us to return home. We rarely f The PRESIDING OFFICER. The take that opportunity to say thank PRIVILEGE OF THE FLOOR clerk will report the resolution by you for your service, and thus we do so title. tonight. They have done a tremendous Mr. HARKIN. Mr. President, I ask The assistant legislative clerk read job over the past several weeks. We unanimous consent that Dan Stevens as follows: thank them for their hard work. of my staff be granted floor privileges A resolution (S. Res. 167) recognizing the I ask unanimous consent their names for the duration of today’s session. importance of sun safety, and for other pur- be printed in the RECORD. The PRESIDING OFFICER. Without poses. There being no objection, the mate- objection, it is so ordered. There being no objection, the Senate rial was ordered to be printed in the Mr. HATCH. Mr. President, I ask proceeded to consider the resolution. RECORD, as follows: unanimous consent that the privilege Mr. FRIST. I ask unanimous consent Caroline Cannon, Luke Combellick, Pres- of the floor be granted for the remain- the resolution be agreed to, the pre- ton Eldridge, Mimi Faller, Geraldine Flana- der of this session to Ken Valentine, a amble be agreed to, and the motion to gan, Mary Kathryn Flanagan, Trevor Gar- detailee from the Secret Service who is rett, Kyle Kilroy, Meg Lavin, Andrew reconsider be laid upon the table. Leciejewski, Natalie Nielson, Jimmy Peter- serving on my staff. The PRESIDING OFFICER. Without son, Laura Sankovitch, Rylee Sommers- The PRESIDING OFFICER. Without objection, it is so ordered. Flanagan, Will Sterling, Jared Tate, Natalie objection, it is so ordered The resolution (S. Res. 167) was Walters, Don Willie, Kelly Bernero, Mark f agreed to. Hammons, Andrew Humphrey, Morandi The preamble was agreed to. Hurst, Heidi Klein, Tiffany Mason, Bryan UNANIMOUS CONSENT AGREE- The resolution, with its preamble, Miller, Tyler Salisbury, Ellen Tyner, Emma MENT—PRINTING OF STANDING reads as follows: Van Susteren. RULES OF THE SENATE S. RES. 167 f Mr. FRIST. Mr. President, I ask Whereas Americans of all ages cherish the ORDERS FOR MONDAY, JUNE 13, unanimous consent that the Com- pleasures of outdoor activities, and too few 2005 mittee on Rules and Administration be recognize that overexposure to the sun and Mr. FRIST. I ask unanimous consent directed to prepare a revised edition of its ultraviolet radiation, classified by the Department of Health and Human Services that when the Senate completes its the Standing Rules of the Senate, and business today, the Senate stand in ad- that such standing rules be printed as a as a known carcinogen, is the leading cause of skin cancer; journment until 2 p.m. Monday, June Senate document. I further ask unani- Whereas it is critically important to be 13; I further ask that following the mous consent that beyond the usual safe in the sun because skin cancer is the prayer and pledge, the morning hour be number, 2,500 additional copies of this fastest growing cancer in our country today, deemed expired, the Journal of pro- document be printed for the use of the affecting 1 in 5 Americans during their life- ceedings be approved to date, the time times and killing 1 person every hour of Committee on Rules and Administra- for the two leaders be reserved, and the tion. every day; Whereas more than 1,000,000 new cases of Senate then return to executive session The PRESIDING OFFICER. Without and begin consideration of the nomina- objection, it is so ordered. skin cancer will be diagnosed in the United States this year, accounting for nearly half tion of Tom Griffith to be a United f of all new cases of cancer and exceeding the States circuit court judge for the DC AUTHORIZING THE PRINTING OF A incidence of breast, prostate, lung, and colon Circuit as under the order. cancer combined; Mr. REID. Reserving the right to ob- COLLECTION OF THE RULES OF Whereas most people receive approxi- SENATE COMMITTEES ject. mately 80 percent of their lifetime sun expo- The PRESIDING OFFICER (Mr. ISAK- sure by age 18, setting the stage for skin can- Mr. FRIST. I ask unanimous consent SON). The Democratic leader. the Senate now proceed to the consid- cer later in life; Mr. REID. Mr. President, as I ex- eration of S. Res. 166, submitted earlier Whereas skin cancer is highly preventable by taking simple precautions when engaged pressed to the distinguished majority today. in outdoor activities; leader personally, and I say so today, The PRESIDING OFFICER. The Whereas research demonstrates that prac- and I have said so publicly on a number clerk will report the resolution by ticing good sun safety has the potential to of occasions, I wish this week we had title. significantly reduce the risk of skin cancer; been working on something else. The

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6342 CONGRESSIONAL RECORD — SENATE June 9, 2005 fact is, we have now what I consider a a lot to do. I look forward to beginning Senator BINGAMAN will be ready to con- bump in the road out of the way. I am that process. sider amendments on Tuesday in order glad we are now going to move on to Next week, we have one more judge, to make headway on that important legislative business. We have so much Thomas Griffith, on Monday. Then we bill. I encourage Senators to come for- to do in the next few, literally, weeks can go to the Energy legislation. So we ward early with their amendments and we have remaining in this legislative have an ambitious agenda, but we are to contact the managers of their intent session. working together and we have made a to offer specific amendments. I appreciate very much the people on huge amount of progress in the last f both sides of the aisle allowing us to week. ORDER FOR ADJOURNMENT move forward on the Energy bill. It is Mr. REID. Will the Senator yield? a big piece of legislation that is vitally Mr. FRIST. I yield. Mr. FRIST. If there is no further important to the people of America. Of Mr. REID. It has been brought to my business to come before the Senate, I course, in a big piece of legislation attention that we also have to do in ask unanimous consent the Senate such as this, there will be problems, the next few weeks the Native Hawai- stand in adjournment under the pre- and certainly there will be in this bill. ian legislation we talked about that we vious order, following the remarks of Senator DEWINE for up to 15 minutes Again, as I said previously, I am would help Senator AKAKA on; also, we and Senator SALAZAR to follow Senator grateful to Senators DOMENICI and have a couple of hours the Majority DEWINE for up to 10 minutes. BINGAMAN for getting the bill to us ini- Leader has agreed to set aside for the The PRESIDING OFFICER. Without tially. It is a bill that is developed by China trade issue with Senator SCHU- objection, it is so ordered. consensus of the committee. That MER. Those things I am sure we can The Senator from Ohio. speaks well of both Senator DOMENICI work in, but those are things we have f and Senator BINGAMAN and the mem- to keep in mind that we have to do. bers of the committee. That is going to Mr. FRIST. Mr. President, as you can FILIBUSTER AGREEMENT be some heavy lifting in legislative see, the list is huge. We are going Mr. DEWINE. Mr. President, we have terms. about it systematically, in discussion just seen a major accomplishment in The distinguished majority leader on a regular basis with the Democratic the Senate in the last several weeks: has set a very high mark for the Sen- leader. That is the way we will con- the confirmation of five nominees to ate before we leave here. He wants to tinue as we address many issues impor- serve on the Federal bench. These con- finish at least two appropriations bills. tant to the American people. firmations were achieved after a his- I think it is possible we can do three f toric agreement was reached in the appropriations bills. I hope we can do Senate, an agreement that allowed us that. If we can get rid of—I say that in NATIONAL MILITARY FAMILIES to proceed. a most positive sense—the Homeland WEEK We have seen five individuals con- Security, the Energy, water, and Inte- Mr. FRIST. Mr. President, I ask firmed by the Senate—Priscilla Owen, rior bill, and it does not matter what unanimous consent the Senate now Janice Rogers Brown, William Pryor, order, that would be good work for this proceed to consideration of H. Con. David McKeague, and Richard Griffin. work period. Res. 159 which was received from the The majority leader has indicated that I also express to the distinguished House. Thomas Griffith will be on the Senate majority leader my appreciation for The PRESIDING OFFICER. The floor shortly and we will take up that his hard work. We are not there yet. clerk will report the resolution by nomination. But we hope we can arrive at some title. This represents a major accomplish- agreement on stem cell research during The legislative clerk read as follows: ment and a major change in the way that work period. It would make every- A concurrent resolution (H. Con. Res. 159) the Senate has been doing business. thing move a little more quickly if we recognizing the sacrifices being made by the This shows bipartisanship. This is a do that. The leader is working on that. families and members of the Armed Forces step forward. It is progress. I am working on that. I hope we can, and supporting the designation of a week as As one of the 14 Senators involved in maybe in the next week, agree on National Military Families Week. negotiating the recent compromise agreement on the use of filibusters to something that will allow us to do that There being no objection, the Senate block judicial nominations, I am very so we do not have a lot of hurdles proceeded to consider the concurrent pleased to see this progress and to see thrown up in other legislation because resolution. what has happened since this agree- of that. Mr. FRIST. I ask unanimous consent ment was reached. As everyone knows, The PRESIDING OFFICER. Does the the concurrent resolution be agreed to, of these five nominations, several of Senator withdraw his reservation? the preamble be agreed to, and the mo- them have been held up for years. Two Mr. REID. I do. tion to reconsider be laid upon the I have a particular interest in come The PRESIDING OFFICER. Without table. from the Sixth Circuit from the States objection, it is so ordered. The PRESIDING OFFICER. Without of Ohio, Michigan, Kentucky, and Ten- Mr. FRIST. Mr. President, briefly in objection, it is so ordered. nessee. These two come from the State response—really in agreement—as we The concurrent resolution (H. Con. of Michigan but are part of the Sixth heard from the Democrat leader, we Res. 159) was agreed to. Circuit which has had vacancies for have a lot to do. We have an ambitious The preamble was agreed to. many years. Now we have these two po- agenda with a superb piece of legisla- f sitions filled. tion that we bring to the Senate early PROGRAM I am pleased to see this progress we next week, the Energy bill, which ad- have been making the last 2 weeks on dresses gasoline prices, energy inde- Mr. FRIST. On Monday, the Senate nominations but also the progress we pendence, a move toward energy inde- will consider the Griffith nomination have been making in the Senate on pendence, issues important to the to the D.C. Circuit. There will be up to other matters, as well. I think it is American people. 4 hours of debate on the nomination on good for the country. In addition to appropriations bills, Monday afternoon. Then we will set The agreement that we entered into the Democratic leader mentioned stem the nomination aside with a confirma- not only cleared the field for the Presi- cell research. I add to that the Depart- tion vote occurring on Tuesday morn- dent’s judicial nominations, some of ment of Defense authorization which is ing at 10 a.m. whom, as I have said, have been wait- ready for consideration. Asbestos—the At 6:30 p.m. Monday evening, the ing for over 4 years, but by avoiding distinguished Senator from Pennsyl- Senate will proceed to S. Res. 39 relat- confrontation it also allowed the peo- vania who was just here, Senator SPEC- ing to antilynching. That resolution ple’s agenda to move forward. And that TER, has worked so hard on that par- will not require a rollcall vote and is a very important matter. ticular bill. That is important to job therefore there will be no votes on Already, since the agreement was creation, to health care, to getting Monday. On Tuesday, we will begin the reached, the Senate Judiciary Com- benefits to people who need it. We have Energy bill. Chairman DOMENICI and mittee has passed out of the committee

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6343 the asbestos bill, and the Senate En- exactly what I said at the press con- proceed step by step. It was negotiated ergy and Natural Resources Committee ference that the group held on May 23, in good faith by Members working to- has passed the Energy bill. right after we had reached our agree- gether in the best interests of this Sen- Now, as someone who was in the ment. This is what I said that evening ate and of our Nation. It is a good room for the negotiations of the fili- at that press conference when everyone agreement, one that has enabled us in buster agreement, I would like to take was there, at least 12 of the 14 people the Senate to get back to doing the just a few moments to talk about what who had reached the agreement. This is business of the people, for the people. happened, why I was involved, and what I said. I quote myself: That is what the American people ex- where we go from here. Candidly, I be- This agreement is based on good faith— pect, and it certainly is what the came involved in the negotiations be- good faith among people who trust each American people deserve. cause I was not satisfied with what I other. And, it’s our complete expectation We have made progress. We have been had seen in the Senate over the last that it will work. Senators have agreed that able to confirm judges and bring to the few years. Everyone got in the negotia- they will not filibuster except in extraor- floor of this Senate for up-or-down tion, I am sure, for different reasons. I dinary circumstances. We believe that will, votes three judges who have been held in fact, work. Some of you who are looking am just speaking for myself. I believed at the language may wonder what some of up for years and two other judges in a that judges were not getting voted on the clauses mean. The understanding is—and circuit, the Sixth Circuit, in Ohio and in the Senate, that the circuit court we don’t think this will happen—but if an in- three other States, that has suffered judges were not being acted upon when dividual Senator believes in the future that from a lack of judges on the Sixth Cir- they should have been, that many of a filibuster is taking place under something cuit for years, with many vacancies. them were being denied an up-or-down that’s not extraordinary circumstances, we, Today, we filled two of those vacancies. vote. I believed the filibuster was being of course, reserve the right to do what we That makes a difference. We are mak- used in excess to block their nomina- could have done tomorrow, which is to cast ing progress. a yes vote for the constitutional option. I I am not arrogant enough to come to tions. I felt that the status quo was was prepared to do that tomorrow if we simply not acceptable, that we could could not reach an agreement. the floor today and say that everything no longer continue down that path. is going to work out perfectly. I don’t Mr. President, let me also quote from Well, what was the solution? How know that it will. I don’t have a crys- the May 30, Washington Post article by were we going to get judges voted on in tal ball. I just know that we have come Dan Balz. He wrote the following about the Senate? The status quo abuse of a ways. We have taken some steps. We the agreement: the filibuster, which I felt clearly was have made some progress. I believe we an abuse of the filibuster, was not ac- [Senator] DeWine, Senator Lindsey Gra- can rely on the good faith of Members ham have disputed the assertion . . . that ceptable to me. I was prepared to take the nuclear option is off the table. DeWine to try to continue to work together, action to deal with that. Yet I felt said he explicitly raised the issue just before continue to make progress, and con- that, in the best interests of the Senate the group announced the deal. tinue to try to exercise good faith. and the Nation, it was really not in the Balz then quotes me: We have set a bar now, a standard. best interests of the Nation or the Sen- Seven Members of the Senate on each I said at the end, ‘‘Make sure I understand ate to totally change the rules and to- this now, that . . . if any member of the side have said they will not filibuster tally eliminate the filibuster, if we group thinks the judge is filibustered under except under extraordinary cir- could avoid that. I felt what we needed circumstances that are not extraordinary, cumstances. That is something that basically was a resolution to this cri- that member has the right to vote at any had not been set before. That is the sis, a new option or alternative that time for the constitutional option.’’ Every- bar. No, it is not specifically defined. I could restore the Senate to where it one in the room understood that. understand that. But at least there is a was when I entered the Senate a decade Now, the article goes on to say— bar. It is an understanding. That is ago. That was a Senate where the pos- again, Dan Balz’s article in the Wash- progress. It is a recognition that the sibility of a filibuster for judicial ington Post— filibuster is not something just to be nominations was there but hardly ever Senator Mark Pryor, [a Democrat and] an- used; it is something to be used only in used. other member of the group [of 14], concurred, very rare cases. You have to use it I believe that is exactly what we saying that while he hopes the nuclear op- after you think long and hard about it. were able to achieve with the agree- tion is gone for the duration of the 109th It is the recognition of 14 people that ment. Congress, circumstances could bring it back. they will only use that filibuster after During our negotiations, we agreed Quoting Senator PRYOR: thinking long and hard. That is that a filibuster for a judge should not I really think Senator DeWine and Senator progress. be used unless under extraordinary cir- Graham have it right. What we have seen with these five cumstances. Furthermore, we made Mr. President, Members of the Sen- judges is progress. So we celebrate to- sure the agreement included a provi- ate, Senate Majority Leader FRIST also night progress, not total victory. You sion that if the terms of the agreement agrees with this assessment. He said, in are never done in the Senate. We are were violated, and a judge was filibus- this May 30 article by Dan Balz: always trying to move forward. But at tered in circumstances that an indi- The nuclear option remains on the table. It least we should stop for a moment to- vidual Member considered not to be ex- remains an option. I will not hesitate to use night and say: We have made progress. traordinary—in other words, if MIKE it, if necessary. We have come this far. We know we DEWINE or any Member considered that And later, Senator FRIST was quoted have a ways to go, but here we are, at another Member was filibustering a in the June 5 New York Times from his least. judge under a circumstance that was comments in a speech at Harvard Uni- I yield the floor. not extraordinary, that I or any Mem- versity, as follows. This is Senator The PRESIDING OFFICER. The Sen- ber had the right to pull out of that FRIST: ator from Colorado. agreement and to go back and say: I The short-term evaluations, I believe, will Mr. SALAZAR. Mr. President, let me am going to use the constitutional op- prove to be shortsighted and wrong after we at the outset say that I am proud that tion to change the practice, the prece- get judge after judge after judge after judge I was 1 of the 14 Members who signed dent of the Senate. through, plus at least one Supreme Court the agreement just referred to by my That was my right. I insisted on that nominee and an energy bill . . . and we will good friend from Ohio. In the signing of when I entered the negotiations. I felt get Bolton. that agreement, one of the things that that was important and that was the Mr. President, Members of the Sen- brought people together was the con- only way I could be a part of the nego- ate, as the recent judicial confirmation cept of respect for each other, mutual tiations. votes in the Senate demonstrate, the respect for our colleagues in this So let me make that very clear. The majority leader is right. We are getting Chamber, mutual respect for the people constitutional option was on the table, things done. We are getting things of America. and it does remain on the table today. done because this agreement was nego- As we have gone through the debate There was never any question in my tiated in good faith by good people who on the confirmation of judges over the mind about that. In fact, let me repeat want to get things done, who want to last several days, I have seen debate

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6344 CONGRESSIONAL RECORD — SENATE June 9, 2005 within this body as well as debate During this, his second tour in Iraq, GRADE INDICATED IN THE RESERVE OF THE AIR FORCE UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: among some of the constituent groups Staff Sergeant Vasquez was serving as To be colonel that I have found troublesome because a commander of a team of Bradley RONALD H. ALFORS, 0000 it goes to the heart of the kind of re- Fighting Vehicles. DAVID M. BANDINI, 0000 spect we should afford each other in Earlier this year, Staff Sergeant JOHN P. BARTHOLF, 0000 WILLIAM C. BENTON, 0000 this Chamber. Vasquez was selected as one of nine sol- KEVIN J. BROWN, 0000 I have heard statements that those diers from Colorado profiled by the STEVEN P. BULLARD, 0000 who happened to be opposed to Bill WILLIAM F. BURNS II, 0000 Rocky Mountain News during their DEBORAH L. CARTER, 0000 Pryor, for whom I voted, were opposed service in Kuwait. The paper noted TERRI L. CHANEY, 0000 to him because he was anti-Catholic. I JAMES A. CLIFFORD, 0000 that Staff Sergeant Vasquez had ‘‘argu- KENNETH J. DALE, 0000 heard statements made that some of ably, the toughest job in First Platoon, THOMAS R. DALTON II, 0000 my Democratic colleagues who were CHARLES A. DENMAN, 0000 if not in all of Lightning Troop’’— CHARLES E. FOSTER, JR., 0000 opposed to Janice Rogers Brown were working with new enlistments fresh ROBERT M. GINNETTI, 0000 opposed to her because she was African ROBERT L. GOULD, 0000 out of boot camp. JONATHAN H. GROFF, 0000 American. I submit that nothing could But perhaps most importantly, Staff MARK D. HAMMOND, 0000 be further from the truth. In fact, when WILLIAM A. HARDIN, 0000 Sergeant Vasquez was a leader. Among HOWARD A. HAYES, 0000 those kinds of statements emanate the nine men under his command, five CHRIS R. HELSTAD, 0000 from Members of this Chamber or when WILLIAM O. HILL, 0000 were new enlistments on their first KERRY M. HOLLOMON, 0000 they emanate from some of the con- tour. He would spend much of his time STANLEY V. HOOD, JR., 0000 stituent groups that follow us, it is a RICHARD B. HOWARD, 0000 during the days training the inexperi- KEVIN J. KEEHN, 0000 violation of the respect we should af- enced scouts, helping to build their DAVID T. KELLY, 0000 ford each other. confidence in their mission and their JOHN E. KEOSHIAN, 0000 I, too, am hopeful that as we move PAUL M. KERWIEN, 0000 actions. JOSEPH K. KIM, 0000 forward in the consideration of other Staff Sergeant Vasquez was shaping MICHAEL KOLESSAR, 0000 judges and other matters, that kind of JEFFREY A. LEWIS, 0000 nervous boys into confident young PAUL A. MACKEY, 0000 hurtful, vitriolic, and unwarranted at- men, creating leaders for our cities and RICKY J. MAFFEI, 0000 tack on each other is something we KEITH P. MARTIN, 0000 towns, businesses and PTA boards. He CORNELIUS T. MULLANEY, 0000 will not see again. If we can establish GREGORY L. NELSON, 0000 had every confidence in his men and in- that kind of collegiality within this MICHAEL L. OGLE, 0000 spired them to have confidence in THEODORE S. ORKIN, JR., 0000 body, we can, in fact, return to those BRADLEY E. PETERSON, 0000 themselves and their mission. days when we had people working DANN D. PETTIT, 0000 In his short life, Sergeant Vasquez MARK A. REMICK, 0000 across the aisle to solve the common was a living role model of what each of CATHY M. RODRIGUEZ, 0000 problems that faced Americans, regard- ROBERT S. SHAFER, JR., 0000 us in this Chamber hopes to become: a ROBERT L. SHANNON, JR., 0000 less of whether they were Democrats, champion for something other than HENRY A. SMART, JR., 0000 Independents, or Republicans. It is that CHRISTOPHER D. SWADENER, 0000 ourselves, a champion for an ideal— MILES F. SYMONDS, 0000 kind of ethic I hope is embraced as we freedom—bigger than anyone person. JOHN H. THEISEN, 0000 move forward in deliberations. NILDA E. URRUTIAESTRANY, 0000 All of Colorado is saddened by the MICHAEL L. WAGGETT, 0000 f CATHERINE O. WATTS, 0000 loss of SSG Justin Vasquez, but we also SUSAN L. WEHRLE, 0000 HONORING OUR ARMED FORCES celebrate everything that he stood for. DONALD S. WENKE, 0000 TOMMY R. WILLAFORD, 0000 STAFF SERGEANT JUSTIN L. VASQUEZ He served his Nation with honor and ROBERT S. WILLIAMS, 0000 distinction, and set an example to WANDA A. WRIGHT, 0000 Mr. SALAZAR. Mr. President, I rise DAVID R. ZARTMAN, 0000 to speak for a moment about a brave which we can all aspire. He will be missed by his family and friends and THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE American who lost his life earlier this UNITED STATES OFFICERS FOR APPOINTMENT TO THE week. His name is SSG Justin L. the men whom he led. Today, they are GRADE INDICATED IN THE RESERVE OF THE AIR FORCE Vasquez. Staff Sergeant Vasquez was all in our thoughts and prayers. UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: killed this past Sunday when a road- I thank the Chair and yield the floor. To be colonel side bomb exploded near his military GREGORY H. BLAKE, 0000 f JON C. BOWERSOX, 0000 vehicle. JOHN S. CRAMER, 0000 Staff Sergeant Vasquez was 26, and ADJOURNMENT UNTIL 2 P.M. WILLIAM W. DODSON, 0000 MONDAY, JUNE 13, 2005 ANDREW L. JUERGENS, 0000 from the small town of Manzanola, CO, JOHN S. MCCULLOUGH, 0000 near La Junta, along the Arkansas The PRESIDING OFFICER. Under JOHN MIRABELLO, 0000 JOSEPH M. PASCUZZO, 0000 River. He was a member of the 3rd the previous order, the Senate stands JOHN H. RUMMEL, 0000 Squadron, 3rd Armored Cavalry Regi- adjourned until 2 p.m. on Monday, JOHN E. TORRES, 0000 ment out of Fort Carson, CO. June 13, 2005. PAUL E. TURNQUIST, 0000 He aspired to become an FBI agent, THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE Thereupon, the Senate, at 6:27 p.m., UNITED STATES OFFICER FOR APPOINTMENT TO THE to continue his career of helping to adjourned until Monday, June 13, 2005, GRADE INDICATED IN THE RESERVE OF THE AIR FORCE protect people. He even considered beat 2 p.m. UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: coming a lifetime military man. Re- To be colonel f gardless of whether he chose the FBI or GARY D. DAVIS, 0000 stayed in the military, he was clearly NOMINATIONS THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE motivated by patriotism and was mak- UNITED STATES OFFICERS FOR APPOINTMENT TO THE Executive nominations received by GRADE INDICATED IN THE RESERVE OF THE AIR FORCE ing service to our great country and the Senate June 9, 2005: UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: our security his career. To be colonel Staff Sergeant Vasquez was always a DEPARTMENT OF STATE patriot who chose to put his country HENRY CRUMPTON, OF VIRGINIA, TO BE COORDINATOR JOHN A. CAVER, 0000 FOR COUNTERTERRORISM, WITH THE RANK AND STATUS THOMAS B. DUNHAM, 0000 over himself. He enlisted at 18, and OF AMBASSADOR AT LARGE, VICE J. COFER BLACK. THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE after his first tour of Iraq reenlisted for RONALD SPOGLI, OF CALIFORNIA, TO BE AMBASSADOR UNITED STATES OFFICERS FOR APPOINTMENT TO THE EXTRAORDINARY AND PLENIPOTENTIARY OF THE GRADE INDICATED IN THE RESERVE OF THE AIR FORCE a second 6-year stretch with the Army UNITED STATES OF AMERICA TO THE ITALIAN REPUB- UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: in 2003. LIC. ROBERT H. TUTTLE, OF CALIFORNIA, TO BE AMBAS- To be colonel Consider that, Mr. President. We are SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF learning everyday that the Army is THE UNITED STATES OF AMERICA TO THE UNITED KING- GRETCHEN S. DUNKELBERGER, 0000 DOM OF GREAT BRITAIN AND NORTHERN IRELAND. LINDA G. LITTLE, 0000 having trouble meeting its recruiting JANET I. SESSUMS, 0000 EXECUTIVE OFFICE OF THE PRESIDENT goals because of the demands of de- THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE ployments in Iraq and Afghanistan. BENJAMIN A. POWELL, OF FLORIDA, TO BE GENERAL UNITED STATES OFFICERS FOR APPOINTMENT TO THE COUNSEL OF THE OFFICE OF THE DIRECTOR OF NA- GRADE INDICATED IN THE RESERVE OF THE AIR FORCE Staff Sergeant Vasquez chose to re-up TIONAL INTELLIGENCE. (NEW POSITION) UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: for service after having been to Iraq IN THE AIR FORCE To be colonel and knowing he was in all likelihood THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE WILLIAM F. EVANS, 0000 heading back to Iraq. UNITED STATES OFFICERS FOR APPOINTMENT TO THE LESLIE R. HYDER, 0000

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THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE SIDNEY R. * HINDS II, 0000 CAROL R. * YOUNG, JR., 0000 UNITED STATES OFFICERS FOR APPOINTMENT TO THE JEFFREY K. * HUBERT, 0000 STANLEY M. * ZAGORSKI, 0000 GRADE INDICATED IN THE RESERVE OF THE AIR FORCE AVA * HUCHUN, 0000 DAVID C. ZENGER, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: VICTORIA R. * HUGHES, 0000 JOSEPH J. * ZUBAK, 0000 THEODORE * KIM, 0000 To be colonel SANDRA G. * LAFON, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY WILBERT W. EDGERTON, 0000 FREDERICK W. * LARSEN, 0000 MICHAEL T. LATZKA, 0000 AS CHAPLAINS AND FOR REGULAR APPOINTMENT (IDEN- BRUCE C. EVANS, 0000 TIFIED BY AN ASTERISK(*)) UNDER TITLE 10, U.S.C. SEC- JAMES D. HILL, 0000 GARTH W. LECHEMINANT, 0000 SEAN K. LEE, 0000 TIONS 624, 531, AND 3064: MICHAEL W. LLOYD, 0000 KEITH T. * LONERGAN, 0000 CLYDE W. MATHEWS, 0000 To be lieutenant colonel BRUCE L. LOVINS, 0000 SUZANNE PETERS, 0000 MATTHEW J. * MARTIN, 0000 TERRY W. AUSTIN, 0000 IN THE ARMY PAUL T. MAYER, 0000 SHERMAN W. BAKER, JR., 0000 SCOTT C. * MCCALL, 0000 PETER A. BAKTIS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ERIC D. * MCDONALD, 0000 DAVID R. BEAUCHAMP, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY JEROME M. * MCDONALD, 0000 KEN BELLINGER, 0000 MEDICAL CORPS AND FOR REGULAR APPOINTMENT ROBERT C. * MCKENZIE, JR., 0000 DEAN E. BONURA, 0000 (IDENTIFIED BY AN ASTERISK(*)) UNDER TITLE 10, U.S.C. SHARON P. MCKIERNAN, 0000 JEFFERY T. BRUNS, 0000 SECTIONS 624, 531, AND 3064: JAMES A., * MCQUOWN, JR., 0000 NEAL J. * BUCKON, 0000 To be lieutenant colonel PATRICK C. * MELDER, 0000 BRUCE W. CHAPMAN, 0000 MARGRET E. * MERINO, 0000 GARRY R. DALE, 0000 WILLIAM P. * ADELMAN, 0000 JOEL E. MEYER, 0000 DAVID G. EPPERSON, 0000 JAY T. * ALLEN, 0000 BART J. * MEYERS, 0000 DAVID J. GIAMMONA, 0000 PETER J. * ALLEN, 0000 MITCHELL S. * MEYERS, 0000 MATTHEW M. GOFF, 0000 BRYAN J. * ALSIP, 0000 MARTIN R. * MOON, 0000 GARY HENSLEY, 0000 SCOTT R. * ANTOINE, 0000 RONALD V. * MORUZZI, 0000 JEFFREY D. HOUSTON, 0000 KARLA * AUYEUNG, 0000 LAURA T. * MULREANY, 0000 KEITH A. JACKSON, 0000 VERONICA R. BAECHLER, 0000 TIMOTHY J. * MURPHY, 0000 LEON G. KIRCHER, 0000 DARREN S. BARONI, 0000 SHAWN C. NESSEN, 0000 ALLEN L. KOVACH, 0000 ANDREW M. * BARR, 0000 JAMES A. * OLIVERIO, 0000 RONALD P. LEININGER, 0000 ROBERT M., * BAUER II, 0000 KEITH J. * OREILLY, 0000 ROBERT J. MEYER, 0000 JOHN G. BEAUMAN, JR., 0000 ERIC M. OSGARD, 0000 STEVEN F. MICHALKE, 0000 PHILIP M. * BECK, 0000 MICHAEL S. OSHIKI, 0000 PETER L. MUELLER, 0000 MICHAEL R. BELL, 0000 EDMOND L. * PAQUETTE, 0000 ROBERT L. POWERS, JR., 0000 JASON L. * BLASER, 0000 ROBERT M. * PARIS, 0000 KENNETH F. REVELL, 0000 EARL F. * BRAUNLICH, 0000 REAGAN R. * PARR, 0000 FRANK R. * SPENCER, 0000 ELIZABETH L. * BRILL, 0000 RAYFORD A. * PETROSKI, 0000 MICHAEL E. STROHM, 0000 SCOTT A. * BRILL, 0000 BRIAN T. * PIERCE, 0000 DANIEL E. WACKERHAGEN, 0000 JOSEPH G. BROOKS, 0000 BARRY R. POCKRANDT, 0000 ROY T. WALKER, 0000 DAVID L. BROWN, 0000 CHRISTIAN POPA, 0000 ROBERT C. WARDEN, 0000 LINDA L. BROWN, 0000 SHAUN A. * PRICE, 0000 TERRY L. WHITESIDE, 0000 TOMMY A. * BROWN, 0000 MICHAEL W. QUINN, 0000 PAUL J. YACOVONE, 0000 BRIAN S. * BURLINGAME, 0000 WILLIAM J. * QUINN, 0000 JEFFREY B. * BURNETTE, 0000 KEVIN C. * REILLY, SR., 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEFFREY M. CALLIN, 0000 THOMAS A. RENNIE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY DARREL K. CARLTON, 0000 DAVID E. RISTEDT, 0000 DENTAL CORPS AND FOR REGULAR APPOINTMENT (IDEN- BRENNAN * CARMODY, 0000 LUIS R. * RIVERO, 0000 TIFIED BY AN ASTERISK(*)) UNDER TITLE 10, U.S.C. SEC- STEVEN B. * CERSOVSKY, 0000 MARK A. ROBINSON, 0000 TIONS 624, 531, AND 3064: YONG K. * CHA, 0000 JOSEPH A. * RONSIVALLE, 0000 To be lieutenant colonel JAMES R. * CHATHAM, JR., 0000 STUART A. ROOP, 0000 RAYMOND I. * CHO, 0000 STEPHEN D. * ROSE, 0000 SCOTT W. * BURGAN, 0000 ERIN L. CLARK, 0000 MICHAEL G. * ROSSMAN, 0000 RAFAEL * CARABALLO, 0000 GARY * COLLINS, 0000 EARLE G. SANFORD, 0000 YOUNG M. * CHO, 0000 ROSS E. * COLT, 0000 GARRY H. * SCHWARTZ, 0000 VENNIS D. * COSBY, 0000 STEPHEN J. CONNER, 0000 PAUL T. * SCOTT, 0000 GEORGIA G. * DELACRUZ, 0000 LANCE E. * CORDONI, 0000 DANIEL S. * SENFT, 0000 WILLIAM J. * DEMSAR, 0000 WILLIAM G. * COSTELLO, 0000 JAMES J. * SHEEHAN, JR., 0000 MICHAEL T. * EVANS, 0000 ERIC A. CRAWLEY, 0000 PETER J. * SKIDMORE, 0000 DAVID C. * FLINT, 0000 MARK A. * CRISWELL, 0000 BRYAN C. * SLEIGH, 0000 DAN C. * FONG, 0000 MARK D. * CUMINGS, 0000 KEVIN C. * SMITH, 0000 GARY D. * GARDNER, 0000 GEORGE R. * CUNNINGHAM, 0000 LISA H. * SMITH, 0000 MICHELLE T. * ICASIANO, 0000 LOUIS A. DAINTY, 0000 JOSEPH C. * SNIEZEK, 0000 BRYAN P. KALISH, 0000 JOHN G. DEVINE, 0000 AARON L. STACK, 0000 KIMBERLY W. * LINDSEY, 0000 WILLIAM C. * DIXON IV, 0000 JOHN * STATLER, 0000 MANUEL * MARIEN, 0000 NHAN V. * DO, 0000 MARGARET M. * SWANBERG, 0000 CRAIG G. * PATTERSON, 0000 MICHAEL D. DULLEA, 0000 ALBERT W. TAYLOR, 0000 JULIE A. * SMITH, 0000 ANTHONY * ECLAVEA, 0000 KENNETH F. TAYLOR, JR., 0000 ROBERT J. * ENSLEY, 0000 RICHARD J. * TEFF, 0000 IN THE MARINE CORPS EDWARD M. FALTA, 0000 BRIAN T. THEUNE, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAVID * FONTAINE, 0000 JOHN E. * TIS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- ELIZABETH * FRANCO, 0000 BRIEN W. TONKINSON, 0000 RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: WILLIAM C. FREY, 0000 DAVID A. * TWILLIE, 0000 HAROLD * FRISCH, 0000 TRENT J. TWITERO, 0000 To be major RONALD A. * GAGLIANO, JR., 0000 SCOTT D. UITHOL, 0000 DONALD A. * GAJEWSKI, 0000 TODD J. VENTO, 0000 ROBERT D. DUNSTON, 0000 CHRISTOPHER * GALLAGHER, 0000 SIDNEY L. * VINSON, 0000 ALAN P. * GEHRICH, 0000 STEVEN A. * WAGERS, JR., 0000 f SCOTT A. * GERING, 0000 GARY R. * WALLACE, 0000 DOMINADOR G. GOBALEZA, 0000 DAVID T. * WARD, 0000 CONFIRMATIONS ROBERT J. * GRAY, 0000 MICHAEL A. WEBER, 0000 KENNETH A. GRIGGS, 0000 MARK J. * WEHRUM, 0000 Executive nominations confirmed by RICHARD A. GULLICK, 0000 STEPHEN J. * WELKA, 0000 LEONARD L. HALL, 0000 DANIEL W. WHITE, 0000 the Senate Thursday, June 9, 2005: RAYMOND J. * HARSHBARGER, 0000 JAY F. * WIGBOLDY, 0000 THE JUDICIARY CHRISTOS * HATZIGEORGIOU, 0000 RICHARD H. WILKINS, 0000 FRANKLIN H. * HAUGER, 0000 HEATHER R. * WILLIAMS, 0000 WILLIAM H. PRYOR, JR., OF ALABAMA, TO BE UNITED KEITH A. * HAVENSTRITE, 0000 PATRICK WILLIAMS, 0000 STATES CIRCUIT JUDGE FOR THE ELEVENTH CIRCUIT. CHARLES G. * HENDERSON, 0000 MICHAEL D. * WIRT II, 0000 RICHARD A. GRIFFIN, OF MICHIGAN, TO BE UNITED THOMAS S. HEROLD, 0000 MICHAEL M. * WOLL, 0000 STATES CIRCUIT JUDGE FOR THE SIXTH CIRCUIT. MARK L. * HIGDON, 0000 PATRICK J. * WOODMAN, 0000 DAVID W. MCKEAGUE, OF MICHIGAN, TO BE UNITED EDMUND W. * HIGGINS, 0000 MICHAEL P. WYNN, 0000 STATES CIRCUIT JUDGE FOR THE SIXTH CIRCUIT.

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