Senate the Senate Met at 9:30 A.M

Home , Clayton Yeutter, Eileen Collins, Tia Nelson

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

Vol. 151 WASHINGTON, WEDNESDAY, SEPTEMBER 28, 2005 No. 123 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, row at 11:30 we will vote on this nomi- called to order by the Honorable SAM PRESIDENT PRO TEMPORE, nation. Again, I remind all Senators to BROWNBACK, a Senator from the State Washington, DC, September 28, 2005. be at their desks for that vote. This is of Kansas. To the Senate: among the most significant votes that Under the provisions of rule I, paragraph 3, most of us will cast in our Senate ca- of the Standing Rules of the Senate, I hereby PRAYER appoint the Honorable SAM BROWNBACK, a reers, the approval of the nomination The Chaplain, Dr. Barry C. Black, of- Senator from the State of Kansas, to per- of Chief Justice of the United States. fered the following prayer: form the duties of the Chair. We ask Senators to come to the Cham- Let us pray. TED STEVENS, ber around 11:20 to be seated for the Almighty Father, the giver of gifts, President pro tempore. 11:30 vote. Following the confirmation on Judge help us to live in purity. Make all our Mr. BROWNBACK thereupon as- Roberts, the Senate will take up the thoughts so pure that they will bear sumed the Chair as Acting President Defense appropriations bill. Senators Your scrutiny. Make all our desires so pro tempore. should expect votes on Thursday, and pure that they will be rooted in Your f we will be voting on Friday on the ap- purposes. Make all our words so pure RESERVATION OF LEADER TIME propriations bill or any other legisla- that You will find pleasure in hearing The ACTING PRESIDENT pro tem- tive or executive items that are cleared them. Make all our actions so pure for action. that people will know that we are Your pore. Under the previous order, leadership time is reserved. I was talking to the Democratic lead- children. er to make sure that we are voting on Guide our lawmakers through the f Friday of this week. challenges of this day. Keep them from EXECUTIVE SESSION We also have a continuing resolution words that harm and do not help, from that we must act on this week before deeds that obstruct and do not build, the end of the fiscal year. Therefore, I from habits that shackle and do not NOMINATION OF JOHN G. ROB- ask that Senators adjust whatever liberate, and from ambitions that take ERTS, JR., TO BE CHIEF JUSTICE plans they have for the weekend or for and do not give. OF THE UNITED STATES—Re- Friday to recognize that we will be vot- Give to us all the blessings of asking sumed ing. We will not be voting on Monday and receiving, of seeking and finding, The ACTING PRESIDENT pro tem- or Tuesday in observance of the Jewish and of knocking and opening. pore. Under the previous order, the holiday. But the Senate will be in ses- We pray in Your sovereign name. Senate will proceed to executive session to conduct business and discussing Amen. sion and resume consideration of Cal- amendments. Those amendments will endar No. 317, which the clerk will re- be stacked for votes on Wednesday. We f port. will notify Senators as to what time that will be. I encourage Senators to PLEDGE OF ALLEGIANCE The assistant legislative clerk read the nomination of John G. Roberts, Jr., come forward and offer their amend- The Honorable SAM BROWNBACK led of Maryland, to be Chief Justice of the ments as early as possible so we can the Pledge of Allegiance, as follows: United States. vote on Wednesday. I pledge allegiance to the Flag of the The ACTING PRESIDENT pro tem- PANDEMIC PREPAREDNESS United States of America, and to the Repub- pore. Under the previous order, the Mr. President, on another issue, an lic for which it stands, one nation under God, time from 10 a.m. until 11 a.m. will be important issue—we have so much indivisible, with liberty and justice for all. under the control of the majority lead- going on in this body with the appropriations bills, and the nomination f er, or his designee. coming forward, and that is going very RECOGNITION OF THE MAJORITY LEADER well in terms of the discussion on both APPOINTMENT OF ACTING The ACTING PRESIDENT pro tem- PRESIDENT PRO TEMPORE sides of the aisle. But there are many pore. The majority leader is recog- other issues as well. The PRESIDING OFFICER. The nized. I want to focus for a few minutes on clerk will please read a communication SCHEDULE an issue I do not believe is receiving to the Senate from the President pro Mr. FRIST. Mr. President, today the the attention it deserves given the risk tempore (Mr. STEVENS). Senate resumes consideration of the that is before us. The legislative clerk read the fol- nomination of John Roberts to be Chief Yesterday, I sent a letter to Health lowing letter: Justice of the United States. Tomor- and Human Services Secretary Michael

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

S10529

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This data is pre- across the world. this case the jackpot is a deadly virus liminary, but it represents a very posi- If you look at a map and look at that to which humans have no natural im- tive step that progress is being made. spread, it gives you real pause—and it munity. That is an important first step, how- should. It threatens to land in Europe. It is very important right now. No- ever, and this is the key: It would take Although you can’t say with certainty body listening to me has a natural im- 6 to 9 months to produce 180 million of as you look at that picture of the globe munity to this particular virus. In- what are called monovalent vaccines. and you see that spread, it will next be fected hosts are contagious before they If this virus did have that transmission in Europe and America, although we are symptomatic. In other words, any- ability, it would be traveling and rav- don’t know what that order will be. one walking around who is infectious aging our population with no vaccine It has infected more people and more can spread the disease. They may not available. Two doses are required. We poultry than any previous strain. If have any symptoms. The virus would could make 180 million. That is enough you look at the animal population—it thus have ample opportunity to spread to treat 90 million people in 9 months. is called the avian or bird influenza—it rapidly throughout the population be- It would take at least a full year to has caused the death or destruction of fore it could be detected or appro- produce enough vaccine for the entire not just a few million but 160 million priately contained—but not sympto- country. By that time, because this birds. That includes what is called the matic. You don’t know whether it can virus can be transmitted or could be ‘‘culling’’ that goes on. But 160 million be contained or know to stay away transmitted so easily, the risk is that birds have died as a result of this influ- from people. tens of thousands could die. enza. To make matters worse, we lack our Some ask, why do I use such high fig- It has jumped from animals, the birds best defense. People say, If it does hap- ures? We do have a historical prece- and other animals, actually, with a ge- pen, surely in America or in the world dent. Look back to 1917 and 1918 and netic shift to humans. People ask, How today we have a vaccine, and we have the Spanish flu. That pandemic killed many humans have been infected? We a robust antiviral stockpile. If you not just tens of thousands but 40 mil- do not know exactly, but we have docu- think you are disposed, or if you are a lion people worldwide. The Spanish flu mented 115 confirmed human cases of physician or health personnel and go virus killed 40 million people world- this particular H5–N1 influenza. into a community to treat it, do we wide, the majority of whom were kids, How fatal is it? It is fatal. The mor- have enough of the antiviral pill which children, and young adults between the tality rate is very high. Fifty-nine peo- you can take that will protect you? ages of 10 and 35. ple out of the 115 confirmed cases died The answer is no. Vaccines were available for the 1957 from this particular virus. It has a very This particular antiviral pill is and 1968 flu pandemics, but they ar- high mortality rate. Tamifly. I will mention that shortly. rived too late and 104,000 people died in Just this week, Indonesian health of- We don’t have enough today for first the United States alone. ficials reported that yet another per- responders, or doctors and nurses who Dr. Hitoshi Ashitani at the World son—a young woman age 30—has died would be taking care of you. The Health Organization warns this time from the virus. This follows last week’s United States of America—the richest around the avian flu virus may be im- deaths of two young girls and a boy country in the world, and the most ad- possible to contain. The geographic with very similar symptoms in Jakarta vanced country in the world—is unpre- spread is historically unprecedented. and Samarinda. Since last Monday, In- pared in terms of the number of vac- So people ask: Well, why are you giv- donesia has put itself on an ‘‘extraor- cines to treat, as well as the initial ing us, Senator FRIST, all this bad dinary incident’’ status. antiviral pill or therapy to treat. We do news? What can and should be done? In Experts warn that a global cata- not have enough doses of the antiviral my letter sent to Secretary Leavitt— clysmic pandemic is not a question of Tamifly. It is a drug which is effective and I had the opportunity to discuss it if but when. Like an earthquake, or today in the treatment of this par- with him a little bit last night—I did like a hurricane, it can hit any time. ticular strain. We have enough to treat ask him to finalize the agency’s Pan- When it does, it could take the lives of about 2 million people—a little over demic Influenza Response and Pre- tens of millions of people. that, 2.3 million people. We have 295 paredness Plan. We need a coordinated, People ask, Is that an overstate- million people in this country and we comprehensive, aggressive plan which ment? I don’t believe it is. You only can treat about 2 million people—and draws on public health and homeland have to go back and look at the his- then that is it. security, foreign policy and defense ex- tory. This August, I spent a great deal There is only one company located in pertise. of time talking to experts around the the United States that produces the in- The plan should serve a dual purpose: country on the H5–N1 influenza virus. fluenza vaccine—not the Tamifly, but First, to detect, identify, contain, and In Tennessee, over in Memphis, there is the vaccine itself. In contrast, Britain, respond to threats abroad; and, No. 2, St. Jude’s Children’s Research Hos- France, and Canada have tens of mil- to bolster domestic preparedness and pital. There is a group of researchers lions of doses on order—that is the response capacity. I also urged the Sec- there who probably know more about Tamifly, the antiviral agent. We have 2 retary to purchase enough additional this particular strain than anybody in million. They have tens of millions in Tamifly to treat a large portion of the the world, led by Dr. Robert Webster at Britain, France and Canada. U.S. population. the St. Jude’s Children’s Research Hos- Where does the Tamifly come from? These are critical first steps, but we pital. He is one of the leading experts It comes from Switzerland. That is have to do a lot more. We need to de- of the H5–N1 strain. where the manufacturing facility is lo- velop a bold vision of how to address He explained in very clear terms that cated. this in future threats—whether they there are 16 families of the avian influ- With our weakened domestic manu- are biological weapons or infectious enza. Billions of mutations of the virus facturing capacity in this country for disease, whether they are natural, are occurring every day. It is con- both something like Tamifly but espe- whether they are accidental, or wheth- stantly changing, constantly adapting. cially vaccines—we do not have manu- er they are deliberate. With each of these little mutations, facturing plants to do it—it makes us That is why earlier this year I called the virus multiplies its odds of becom- dangerously dependent on other coun- for a Manhattan Project for the 21st ing transmissible from human to tries and foreign sources. Century to launch an unprecedented human. It is changing up, to be spread If there is an outbreak in that coun- collaboration among the Federal Gov- throughout the bird population to the try and the manufacturing plant is ernment and industry and academia. human population. And with just one there, it is very unlikely they will send We must encourage and support ad- little, tiny change, it can be trans- doses to the United States of America. vanced support and development into

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE September 28, 2005 CONGRESSIONAL RECORD — SENATE S10531 prevention and treatment. We must en- Clearly, we ought to, after the re- and more efficient than just the burn- able the detection, the identification, minder of Hurricanes Katrina and Rita, ing of coal in a steam boiler which is and containment of any emerging or be on the journey quickly to weaning done to make electricity, and it gen- newly emerging threat. And we must ourselves from the dependence on this erates considerable waste heat in the ensure our domestic ability to manu- oil. That means the collective will of traditional burning of coal that then facture, distribute, and administer the this Nation to come together in a leads to the release of a myriad of un- treatments needed to protect the major project, like a Manhattan desirable emissions. American people. This should be a cen- Project or an Apollo Project. In other In contrast, coal gasification isolates tral focus of our national attention. words, the moonshot of this decade and collects nearly all of the impuri- As I mentioned in opening, there is a ought to be weaning ourselves from de- ties, including mercury and a large lot going on in our response to natural pendence on foreign oil, as going to the portion of the carbon, before the com- disaster today. But we need to keep the Moon as a result of the Apollo Project bustion. So those things are not going focus, as well, on the potential for this was to the decade of the 1960s. to be emitted into the atmosphere. The pandemic. Failing to do so risks the Each day I am going to try to chron- coal is gasified with either oxygen or public health and our national secu- icle a new technology so that we can do air, and the resulting synthetic gas or rity. that. Today I will talk about coal gas- syngas is cooled, cleaned, and fired in a In May 2004, the Senate passed ification, specifically coal-based inte- gas turbine, and the hot exhaust from Project BioShield and shortly there- grated gasification. It is otherwise the gas turbine passes through a heat after President Bush signed it into law. called combined cycle technology. recovery steam generator where it pro- Project Bioshield builds on the Bioter- Our Nation has an abundance of coal. duces steam that drives a steam tur- rorism Preparedness Act of 2002 and The United States has the largest prov- bine. strengthens our Nation’s defenses en coal reserves of any Nation in the Theoretically, the steam gasification against the threat of anthrax, botu- world. At the current production lev- process can be applied to any low-qual- lism, smallpox, Ebola, or plague, as els, U.S. coal reserves should last over ity carbonaceous feedstock. The well as a radiological fallout from a po- the next 250 years. That is the good progress in developing this technology tential terrorist attack. news; the bad news is coal’s high car- also raises interesting possibilities Building on the goals of Project Bio- bon content relative to other fossil with respect to the future of biomass— Shield, the leadership has introduced fuels so that in the burning of it, it re- either alone or in combination with the Protecting America in the War on leases significant quantities of carbon. coal—for electricity production. This Terror Act of 2005 earlier this year. I Right now, coal combustion, the has a lot of promise. applaud my colleague for the steps we burning of coal, accounts for more than This whole process, called IGCC, have taken thus far, and I applaud one-third of the world’s carbon emis- could also be utilized for something them for their continued leadership. sions. Those emissions in the air is called polygeneration. That is co-pro- But we have much more to do. More what we do not want. ducing other high-valued products in work remains to be done. We are in a I will never forget being in Beijing, addition to electricity using gasifi- race against time, and unlike the flu China, in the year 1981 in the dead of cation. Gasification could be used to produce pandemics of the 20th century, we have winter, January of that year. The city ultraclean synthetic fuels from coal, been warned. of Beijing was shrouded in black smog and biomass. Carbon dioxide capture I urge my colleagues to join me in that was a result of the coal dust set- and storage would have to be developed this effort to protect the health, well- tling over that city because the pri- to address the climate change issues being, and security of the American mary source of heat was the burning of coal-based synthetic fuels pose. coal, with no attention to the emis- people. But the long and short of it is, these I yield the floor. sions that allowed all of those particu- synthetic fuels are inherently superior The PRESIDING OFFICER (Mr. lates to go into the air. The last time to crude-oil-driven hydrocarbon fuels. VITTER). The Senator from the great I visited Beijing, about 2 years ago, This would help us in the transition to State of Florida. after the dead of winter, I must say more energy-efficient technologies, Mr. NELSON of Florida. Mr. Presi- they have cleaned up their environ- such as compression-ignition-engine dent, I ask unanimous consent I be al- ment quite a bit, but they still have a hybrid electric vehicles. lowed to speak as in morning business. ways to go. We could exploit our country’s huge The PRESIDING OFFICER. Without We know the negatives with regard coal reserves in an environmentally re- objection, it is so ordered. to burning coal. Now let’s look on the sponsible way. The economic and reli- COAL ENERGY positives; that is, coal gasification or ability challenges certainly still exist Mr. NELSON of Florida. Mr. Presi- coal-based integrated gasification com- before these kinds of plants become dent, I have stated that each day we bined cycle technology has much lower more readily abundant. And the CO2 are in session I am going to try to rise pollutant emissions, and it holds great carbon capture and storage must be in the Senate to speak about the de- promise. Only two such plants exist in perfected. pendent condition we find ourselves in the United States today. One of them Those are all challenges we must on foreign oil. Some 58 to 60 percent of is in my State of Florida. It is run by meet. But it is a promising technology our daily consumption of oil comes Tampa Electric Company. I commend that would provide the United States from foreign shores. This is not a good TECO for being one of the leaders in with an alternative to electricity proposition for the United States. No mat- this country. My State of Florida is duced from natural gas and a way to ter how much we sounded the alarm going to have another IGCC plant— set us on a course to wean ourselves bells over the past several years, it is that is coal gasification—by 2011, from dependence on foreign oil. hard to shake the powers that be out of through the Orlando commission and Mr. President, I will continue to our collective lethargy, to break this the Southern Company. I thank those speak out on all of the alternatives in stranglehold that oil has running two companies for being leaders. which we can try to sever our depend- through our economy. And it has led us This is the technology: First, the ence on foreign oil. to our dependence on oil for well over coal is gasified using a chemical proc- I yield the floor. a majority of our daily consumption. ess rather than just the burning of coal The PRESIDING OFFICER. The Sen- That is not a good position to be in to generate a synthetic gas—or what ator from Kansas is recognized. for the defense of our country’s inter- we call a syngas, synthetic fuels—that Mr. BROWNBACK. Mr. President, I ests where we have to protect the free is mostly composed of hydrogen and rise to speak on the nomination of flow of oil to all of the very oil-thirsty carbon monoxide. Then that synthetic John Roberts to be Chief Justice of the world. A lot of those sealanes coming gas is used to fuel a combustion engine, United States. I speak about this at an out of the Persian Gulf region look to a turbine, and the exhaust heat is em- exciting time for this country. This the United States for the military pro- ployed to produce steam for power gen- will be the 17th person to occupy this tection to keep those lanes open so oil eration and for gasification. The proc- position. It is a rarity for this position can flow. ess has the potential to be both cleaner to become available. I love this Nation.

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE S10532 CONGRESSIONAL RECORD — SENATE September 28, 2005 I love the institutions of this Nation. cussing section 2 of the Voting Rights nancies involving a child with Down More, I love the people of this Nation. Act. It was often mentioned that it was Syndrome were terminated ‘‘by I know, as well, that John Roberts critical for Congress to enact a so- choice’’ in the 1980s and 1990s—80 per- does too. I know from the time I have called effects test in order to eradicate cent. Again, that is ‘‘by choice.’’ Ac- spent talking with him and hearing his discrimination in voting practices. cording to the Centers for Disease Con- comments, that he too loves this Na- Under this test, a neutrally worded law trol and Prevention, out of over 55,000 tion. He loves the people of this Nation was to be struck down if it diluted the pregnant women screened, 83 percent of and he looks forward to its greater political preferences of minority vot- unborn children are terminated after greatness into the future. I am looking ers, even if that effect was intentional. testing positive for cystic fibrosis. Fi- forward to his service. If there was an effect where it had a nally, the CDC noted that for spina When the Frenchman, Alexis de negative impact on voting for minority bifida and similar neural tube defects, Tocqueville, whom many of us quote groups, it was to be thrown out, it was at least 80 percent of pregnancies often, visited the United States in the to be declared unconstitutional, it was ‘‘were electively terminated.’’ 1830s, he wondered how Americans a bad effect. These particular numbers are aston- could maintain a genuine representa- It seems to me there is a broader les- ishing, and not just because they rep- tive government when the liberty they son to be learned by discussion of an ef- resent the wholesale destruction of enjoyed would suggest that the average fects test. And I agree with that effects generations of unborn disabled chil- citizen would be a purely self-inter- test in the Voting Rights Act; it is ab- dren. What makes them painfully iron- ested individual. If we were to give solutely right. It seems to me there is ic is that this trend persists even in a them pure liberty, they would, he be- a broader lesson to be learned about society that has extended significant lieved, just pursue self-interests. So the effects test. protections to the disabled once they how could you have a government that During the debate on Judge Roberts, are born. would govern when everybody is fo- some have argued about whether he A prime example, of course, is the cused on their self-interest? will vote to affirm or reject abstract Americans with Disabilities Act of He was amazed to find what kept legal principles, without really consid- 1990, which was an historic achieve- Americans joined together and with ering what the real effects of these ment. I applaud my colleagues, Sen- their government was what he called principles have been. And when it ators KENNEDY and HARKIN, and my ‘‘habits of the heart.’’ By this, he comes to the right to privacy and stare predecessor, Senator Bob Dole, for meant that citizens often were con- decisis, the discussion of effects has their important role in passing this cerned about the greater public good, been obscured, if not ignored alto- milestone legislation. along with their own narrow self-inter- gether. Deeming the protection of the dis- ests. So, while they had their own self- The standard argument we have abled a ‘‘human rights issue,’’ the first interests, their hearts pulled them to a heard is that cases such as Roe v. Wade President Bush called the ADA ‘‘the greater public good and these ‘‘habits and Planned Parenthood v. Casey have world’s first comprehensive declaration of the heart.’’ That led to their partici- established the right to privacy, and of equality for people with disabil- pation in political discourse, to be in- that such cases should be maintained ities.’’ His successor, President Clin- volved in their communities, and take for the sake of ‘‘stability’’ and ‘‘settled ton, stated on the ninth anniversary of care of their fellow citizens. expectations.’’ Yet both our heads and the passage of the ADA that ‘‘For too Throughout our history, our ‘‘habits our hearts tell us that these decisions long, we have encumbered disabled of the heart’’ have informed and driven deserve much more searching scrutiny. Americans with paternalistic policies America’s conscience. The people knew This is in part because we rightly re- that prevent them from reaching their the colonial system stifled freedom, so sist insulated courts short-circuiting potential. But now, we endeavor to em- they rejected the British monarchy and political debates. But it is also because power individuals with the tools they ultimately ratified the U.S. Constitu- we rightly believe that these decisions need to achieve their dreams.’’ I would tion. The people knew in their hearts and doctrines have all-too-real effects. note that to dream, they have to be that slavery was wrong, and that ter- And so it is with the right to privacy. alive. rible institution was rightly brought to Some of my colleagues have argued In enacting the ADA, the Congress an end. It was difficult, and it was at a that this right, which has been inter- explicitly made the following finding, terrible cost. And the people knew that preted to guarantee a right to abor- upon which one of the protections of the legal promise of equal protection tion, has been beneficial to women. the ADA was based: was empty without racial justice. They argue the right to abortion has People with disabilities, as a group, occupy Throughout the consideration of ‘‘freed’’ them to pursue such goals as an inferior status in our society, and are se- Judge Roberts’ nomination, many of full participation in the workforce. But verely disadvantaged socially, vocationally, my colleagues have spoken about a there are certain other effects of this economically, and educationally. particular issue that I want to discuss, right which should be identified, if we In worthy fulfillment of the promise and its impact and relationship to that are to have an honest appraisal of what of the Declaration of Independence habit of the heart. This particular this right has accomplished, and what that ‘‘all Men are created equal,’’ the issue, which is at the center of the de- it has wrought. Congress issued in the ADA a ‘‘clear bate for Judge Roberts, is the right to I have pointed out repeatedly that in and comprehensive national mandate privacy. They also have demanded that the wake of Roe, 40 million children for the elimination of discrimination Judge Roberts adhere in a few cher- have been aborted in America—40 mil- against individuals with disabilities.’’ ished cases to stare decisis, that is, the lion souls who could have brightened There were not qualifiers for it. They practice of letting a precedent stand our existence and made their contribu- did not say at certain places or points for the sake of stability in the law, re- tion to the habits of the American of time in life. They said this is a gardless of whether the precedent re- heart. But even this general result of ‘‘clear and comprehensive national flects the correct interpretation of the abortion’s cold reality masks the spe- mandate for the elimination of dis- law. cific costs of the Supreme Court’s con- crimination against individuals with What is striking about this discus- stitutional misadventure in Roe. For it disabilities,’’ period. sion is that it has not been illuminated has become clear in recent years that To enforce this mandate, Congress by what Tocqueville saw in us long it is the so-called least among us, the explicitly ‘‘invoke[d] the sweep of con- ago—those ‘‘habits of the heart’’ that disabled, who have paid a dispropor- gressional authority, including the make Americans aware of the greater tionate price as a result of the right es- power to enforce the Fourteenth good and of the justice due their fel- tablished in Roe and other cases. Amendment and to regulate commerce, lows citizens. Let me give you some examples. Ac- in order to address the major areas of To explain what I mean, consider cording to recent numbers released in discrimination faced day-to-day by Judge Roberts’ confirmation hearing. November of 2004 by the American Col- people with disabilities.’’ During the hearing, Judiciary Com- lege of Obstetricians and Gyne- The ADA establishes extensive pro- mittee members spent a lot of time dis- cologists, over 80 percent of preg- tections for persons with disabilities. It

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE September 28, 2005 CONGRESSIONAL RECORD — SENATE S10533 protects them when they seek employ- to determine the sex of the unborn deemed unfit; she believed this plan ment; it protects them when they at- child. A 1985 survey revealed that 90 would lead to the ‘‘salvation of Amer- tempt to use government services; it percent of amniocentesis centers were ican civilization.’’ She also argued for protects them when they wish to use involved in sex determination, with sterilization of those who were ‘‘irre- public transportation; it protects them nearly 96 percent of female fetuses sponsible and reckless,’’ including even when they want to book a hotel aborted. In response, India outlawed those ‘‘whose religious scruples prevent room or seek access to a restaurant; it fetal sex determination for sex selec- their exercising control over their even protects the hearing-impaired and tion 8 years ago, but prenatal sex de- numbers.’’ For these people, she con- speech-impaired who want to share in termination through ultrasonography tended that ‘‘there is no doubt in the the benefits of the revolution in tele- continues. minds of all thinking people that the communications. Indeed, the situation has become so procreation of this group should be Similarly, 30 years ago, Congress dire that the Indian Medical Associa- stopped.’’ She repeatedly referred to passed the Individuals with Disabilities tion has appealed to the conscience of the lower classes as human waste not Education Act, IDEA. In the act, Con- that country—the habit of the heart of worthy of assistance, proudly progress found, among other things, that that nation—and the world to save moting the views that these ‘‘weeds’’ ‘‘[d]isability is a natural part of the baby girls from abortion. The associa- should be ‘‘exterminated.’’ human experience and in no way dition says that up to 2 million baby Sanger went on to found a group that minishes the right of individuals to girls still are killed by abortion every came to be known as Planned Parent- participate in or contribute to soci- year. A former President of the Indian hood, the very same organization ety.’’ Medical Association told the BBC that which successfully prevailed upon the These are worthy and grand state- the situation has led to a demographic Supreme Court to reaffirm Roe v. Wade ments of inclusion and support to peo- imbalance of up to 50 million fewer in the 1992 case of Planned Parenthood ple with disabilities. women in the country than would be v. Casey. Sanger’s legacy still reso- The ADA and the IDEA demonstrate expected. nates today. that the disabled need and deserve the This selective destruction of the un- Dr. John Harris of Manchester Uni- protection of the law in order to fulfill born in other countries has a grim versity in England has offered a slight- their potential. predecessor in American history: the ly milder formulation than that of Yet ironically, it is when the disabled eugenics movement. As Edwin Black Sanger. He has stated that: are most vulnerable—indeed, com- has noted in a book called ‘‘War on the Eugenics is the attempt to create fine pletely voiceless—that our society Weak’’: healthy children, and that’s everyone’s am- leaves them completely unprotected. [T]he eugenics movement slowly con- bition.... We’re not trying to do this The laws offer no shelter to them be- structed a national bureaucratic and jurid- through killing people or eliminating indi- fore they are born. In this dangerous ical infrastructure to cleanse America of its viduals, we’re trying to do this by making legal vacuum has stepped the Supreme ‘‘unfit.’’ Specious intelligence tests, collo- choices about which people will exist in the Court. In 1973, just 2 years before en- quially known as IQ tests, were invented to future. actment of the IDEA, the Court in- justify incarceration of a group labeled ‘‘fee- Given the experience of other coun- vented a right to abortion—a right bleminded.’’ Often the so-called feebleminded tries with abortion; given our own ex- which has proven lethal to legions of were just shy, too good-natured to be taken perience with abortion of the disabled; seriously, or simply spoke the wrong lan- and given the natural repugnance most disabled Americans. And in a cruel ju- guage or were the wrong color. Mandatory risprudential twist, it was none other sterilization laws were enacted in some people have with the eugenics move- than the 14th Amendment, which Con- twenty-seven states to prevent targeted indi- ment, I would suggest to my colleagues gress invoked in enacting the ADA, viduals from reproducing more of their kind. that Roe and other related cases sim- upon which the Supreme Court based Marriage prohibition laws proliferated ply flunk the ‘‘effects test’’ we have the right to abortion. throughout the country to stop race mixing. long applied in the context of voting What does it say about our society Collusive litigation was taken to the U.S. and other rights. These cases have that we refuse to acknowledge the Supreme Court, which sanctified eugenics carved millions of voices out of our damaging effects of Roe on the dis- and its tactics. The goal was to immediately civic core and cannot withstand moral sterilize fourteen million people in the abled? Where does the path lead when United States and millions more worldwide— scrutiny, much less an honest legal ex- we ignore the habits of our hearts, the ‘‘lower tenth’’—and then continuously amination. which demand that we extend our com- eradicate the remaining lowest tenth until The right to privacy as it has been passion to these Americans? What have only a pure Nordic super race remained. Ulti- extended has not only weakened our we become when we have jettisoned the mately, some 60,000 Americans were coer- legal culture; it has made us poorer as unalienable right to life Thomas Jef- cively sterilized and the total is probably a people. It is impossible not to recog- ferson found self-evident in favor of the much higher. nize the significant contributions made moral and legal quicksand of Roe? The source of the word ‘‘eugenics’’ is by those with disabilities who do sur- The sad experiences of other coun- very interesting. The very word was vive; they help to bring out the human- tries suggest a few unsettling answers coined by Francis Galton, the nephew ity in each of us, and we are better for to these questions. For example, China of Charles Darwin. Galton believed it. Every time I see one of these beau- recently criminalized abortion for the that ‘‘what nature does blindly, slowly, tiful children, I am reminded of what purpose of sex selection. The reason for and ruthlessly, man may do provi- joy they bring, and what joy their this is revealed by figures—an effects dently, quickly, and kindly.’’ In 1883, counterparts might have brought. test, if you will—showing that 119 boys Galton created a new term for this How can we, as a nation, stand for are born in China for every 100 girls— manmade ordering of life. As Black de- the principle of equality, that we are 119 boys for every 100 girls. This gender scribes it, Galton ‘‘scrawled Greek let- all blessed to be alive, that we are all gap can be attributed to the combina- ters on a hand-sized scrap of paper, and capable of great success regardless of tion of the Communist government’s next to them put two English frag- disability, and that we are a compas- one-child policy with a culture that ments he would join into one. The sionate society, when our laws blithely often values sons more than daughters. Greek word for ‘well’ was abutted to allow the elective termination of more So millions of parents have aborted the Greek word for ‘born’ . . . and the than 80 percent of a vulnerable popu- baby girls hoping to have a boy next word he wrote on that small piece of lation. It is incomprehensible. time. If current trends continue, some paper was ‘eugenics’.’’ Well born. Numerous men, women, and children experts say that China could have as Among the strongest proponents of with disabilities have overcome adver- many as 40 million men who can’t find eugenics was Margaret Sanger. Sanger sity and achieved great successes in spouses by the year 2020. advocated for the mass sterilization of their lives. I would like to take a few India faces a similar problem. Sex de- so-called ‘‘defectives’’ and the whole- minutes to share a few of their stories. termination has been a serious problem sale incarceration of the so-called Here is a picture of Abby Loy. I met there since the 1970s, when ‘‘unfit.’’ She particularly supported the her last week when she visited my of- amniocentesis began to be widely used sterilization plan of those people she fice. She is a beautiful young girl and

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The Sen- last week to promote awareness of dis- These are inspirations to all of us. ator from Kansas. And if you need further inspiration, ability issues and to illustrate Abby’s Mr. ROBERTS. Mr. President, I pay just go talk to Jimmy, the elevator op- wonderful life journey. tribute to my colleague and friend, erator right outside the door of the Look at this beautiful child. This Senator BROWNBACK, for his eloquent Senate Chamber, who brightens all of note is from her parents: speech on behalf of those who are dis- our lives. When Abby was born, physicians and social advantaged and deserve protection They will not be defeated by their workers informed our family of all of her po- from the law. He made an outstanding disabilities, and we celebrate them for tential limitations, developmentally and speech. physically. When we asked what Abby’s edu- that. But think about the many more cation path might look like, we were told like them, think about the more than I rise to express my support of Judge that she would attend special classrooms. 80 percent of the beautiful capable chil- John Roberts in regard to his nomina- Abby has been successfully educated with dren, similar to Abby, Ann, Jimmy, tion as Chief Justice of the U.S. Su- support in all regular education classes and and Samuel, who are never given a preme Court. I know what the com- continues to grow. We felt Abby would prove mittee has done, and I know what the herself to be much more capable than others chance because their lives are terminated before they are born. majority of Senators will likely do, and believed . . . It continues today. that is to vote in favor of Judge Rob- Again, that note is from her parents. We should not use bland phrases such as ‘‘right to privacy’’ or ‘‘stare decisis’’ erts. But I also believe that an open- It is a tough choice when a mother or minded individual, applying Kansas a spouse gets a diagnosis in utero that to disguise the issue at stake with Judge Roberts’ nomination to be Chief common sense, would reach the same a child has Down Syndrome; it is ago- conclusion that I have come to hold. nizing. I know from my own thoughts Justice of the United States. We must be truthful with the American people, It is no small event for a Senator to when we were having our children. Yet have the opportunity to participate in I ask people to look at the beauty of as well as ourselves, and admit that this confirmation is, at its root, about the confirmation of a candidate for the the child and embrace her. If they position of Chief Justice of the Su- can’t, there are other groups and indi- the most fundamental and basic right of all: the right to life. preme Court. Over the course of our viduals that will. It is a tough choice, Nation’s history, the Senate has come but it is a child, a beautiful child, a As Americans, it is our duty to protect and defend the weakest among us. together 155 times to vote on a Su- child that can accomplish much. preme Court Justice. This occasion I want to show another example. This The duty is not only mandated by our marks the 17th time to confirm a Chief one is Samuel. I have had Samuel in to laws but nurtured by our conscience Justice. So I am humbled and honored testify before a subcommittee I chaired and our habits of the heart. to be part of this moment of history. last year. I am rather partial to the With the recent enactment of the bi- The consultation efforts on behalf of name Samuel myself. In this picture he partisan partial-birth abortion ban and the administration with my fellow Sen- is catching fish. It doesn’t look like a bills like the Pre-Natally Diagnosed ate colleagues in regard to this nomi- very big fish and the fish doesn’t look Awareness Act, which I sponsored with nation have been extensive. That is too happy, but Samuel is sure happy. Senator KENNEDY, we have begun head- probably an understatement. The He has spina bifida, which most med- ing in the right direction. However President has made great efforts to ical professionals call a devastating there is still significant work to be open dialog and to invite input and to birth defect. These are his parents’ done. reach out to Members of the Senate. words: There is still a glaring inconsistency between the life that we deem to be His nomination of Judge John Roberts Though we were devastated by learning is a solid choice and not one made in that our unborn son had spina bifida, we worthy of protection under the Con- wanted to do all we could to improve the stitution, and the life which we do not. isolation. quality of his life. Ending it was never an op- The value placed on certain persons Kansans understand that the words tion. Let’s see what we can do to improve it. and stages of life seems to be arbi- inscribed on our Founding Fathers’ At 21 weeks gestation, Samuel had fetal re- trarily assigned. The Constitution documents are not as delicate and frag- pair of his spina bifida lesion. Today he is a clearly states in the 5th and 14th ile as the paper on which they are writ- 5-year old kindergartner. He is imaginative, Amendments that ‘‘no person’’ shall be ten. They know that the power behind funny, and compassionate. He can read, these ideas is what serves as the foun- swim, and catch even the fastest lizard. He deprived of ‘‘life, liberty, or property has touched many lives. We are so thankful without due process of law.’’ dation of our Nation’s democratic gov- for him and are eager to see what great ‘‘No person.’’ What does that mean? ernment. things he will accomplish. Does it extend to an unborn child? Is My sense from Judge Roberts is that Normally, about 80 percent of chil- an unborn child a person or merely a he, too, rigorously believes in the dren diagnosed with spina bifida are piece of property? A person is entitled power of the ideals set forth in the terminated and killed in utero. to inalienable rights established under Constitution. As illustrated by his I have a final example. This is a lady the Constitution and laws of the record as a judge on the U.S. Court of who looks at her Down Syndrome as an United States. Property can be done Appeals for the DC Circuit, he adheres ‘‘up syndrome’’ and has started ‘‘Up with as its master chooses. I posed this to the guidelines outlined in the Con- with Down Syndrome’’. She has served question to Judge Roberts during his stitution. Simply put, he walks the on President Clinton’s Committee on confirmation hearing. Because this talk. Mental Retardation. She served three issue may come before the Court at After watching Judge Roberts en- terms from 1994 to 2000, one of the first some point in the near future, he de- dure—I guess that is the best word for two members with a disability to be clined to answer directly. But the per- it—over 20 hours of questioning during appointed to this committee. Her name sistence of this issue simply underlines the nomination hearings, I find myself is Ann M. Forts. She goes around the the importance of each Supreme Court not only more familiar with his many country and talks with individuals vacancy. qualifications, his impressive experi- about what she can do. The second I will support the nomination of John ences, but deeply impressed with his paragraph of a letter she sent to me is Roberts to be Chief Justice of the character. Judge Roberts’ respectful particularly striking: United States. I will do so based in part demeanor and his personal humility in As I think about my active and happy life on his stellar credentials for the posi- the face of periodic abrasive ques- on the upside of my Down Syndrome tion, but also on my hope and my pray- tioning from some are exactly the type dis‘‘ability’’, I find it extremely frightening er that he understands what is at stake of qualities that a Chief Justice should

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This what I consider to be taxes. was echoed from those representing a abuse of power is a source of tremen- Judge Roberts clearly understands broad range of ideologies. dous contention, not only with folks and demonstrated in his hearings that Judge Roberts does possess a bril- from the great State of Kansas but he is the kind of Justice America liant legal mind and a thorough under- with Americans nationwide on too needs. He is brilliant, fair, and inde- standing of the law. He performs his many issues. In too many cases, we pendent. He has proven himself to be a duties with a vigor and a meticulous have seen decisions that are contrary person of integrity who is committed attention to detail that has been noted to the will of the people. Americans to equal justice for all Americans. by all who have spoken about him. As have questioned the rulings on cases Judge Roberts is eminently qualified. a judge, he approaches a case to under- ranging from the Boy Scouts of Amer- He has earned the American Bar Asso- stand the legal facts involved and the ica to the most publicized recent at- ciation’s highest rating of ‘‘well quali- laws that are affected, while avoiding tack on private property rights. In fied.’’ Before being unanimously con- the temptation to fulfill a specific judi- Kansas, land is gold. And if land is firmed by the Senate in 2003 to the DC cial philosophy. His decisions are based gold, farmland is platinum. We have a Court of Appeals, Judge Roberts had on the merits of the law. His record has healthy respect for property rights in already established an unmatched re- earned him the highest rating from the middle America. Based on his com- sume in the legal world. After grad- American Bar Association, the ABA. It ments, I believe Judge Roberts holds a uating in the top of his class from Har- is worth mentioning that the ABA has similar opinion. vard Law School, he went on to clerk Finally, let us not forget that Judge often been referred to by my colleagues for Justice William Rehnquist and then Roberts is currently a judge. He has al- on the other side of the aisle and those worked as a top aide in President Rea- ready experienced the confirmation on this side as well as the ‘‘gold stand- gan’s Justice Department. In private process for his judgeship on the U.S. and public practice, he argued an amaz- ard’’ for evaluating judges. Court of Appeals for the DC Circuit. Most notably, in his opening state- ing 39 cases before the Supreme Court, Let us also remember that the same ment before the Senate committee, establishing his reputation as one of accolades that led to Senate approval the Nation’s top litigators. Judge Roberts stated: of his nomination by unanimous con- During his hearing, Judge Roberts Judges and Justices are servants of the sent—no disagreement, every Sen- displayed his humble expertise, and I law, not the other way around. ator—are certainly applicable as of believe Americans warmly welcome his And concerning the rule of law, he today. approach to the law. Despite what went on to say: I am hopeful that through the course some Democrats are saying, Judge It is what we mean when we say that we of debate on this nomination and the Roberts was very forthcoming at his are a government of laws and not of men. It next Supreme Court nomination—the hearing in discussing his judicial phi- is that rule of law that protects the rights next Supreme Court nomination—we losophy, his legal thinking, and his and the liberties of all Americans. It is the can avoid the destructive partisanship views on a judge’s proper role within envy of the world. Because without the rule of law, any rights are really meaningless. that approached the brink of absolut- our constitutional framework. ism and ideology, a different criteria in The Senate was also allowed to re- Clearly, Judge Roberts understands regard to how we select judges. We view an unprecedented number of docu- that the role of a judge is not to rule have a duty to respectfully reflect the ments from Judge Roberts’ service in based on his personal judgments but to great traditions of this Chamber and the Federal Government illustrating adhere to the laws as they are written. rise above partisan bickering. We must his judicial philosophy and legal abil- The role of the third branch under raise the level of civility in our polit- ity. In question after question, Judge our Constitution is paramount, as the ical discourse more so than ever in re- Roberts showed an extraordinary Supreme Court is often referred to as gard to considering the nomination of knowledge of the law and its history. the ‘‘gatekeeper of democracy.’’ The judges. Without the use of notes or staff, Judge duty to ensure that legislation passed Our democracy is only as strong as Roberts easily recalled facts from hun- and executed is in line with the Con- our governmental institutions. Judge dreds of years of case law. stitution is an important check within Roberts will provide a strong pillar of I was pleased to see during the hear- our Government. The lifetime appoint- support in the third branch of our Gov- ings that Judge Roberts stuck strictly ment provided for in the Constitution ernment. That, and for the reasons I to the Ginsburg rule, choosing not to is an important protection for our Jus- have just enumerated, is why I will comment on cases or issues that are tices to guard against any pressure in vote in favor of Judge Roberts’ nomi- likely to appear before the Court. In regard to politics. The forward think- nation to be the 17th Chief Justice of her hearings, Justice Ginsburg em- ing by the authors of our Constitution the United States. phatically declared that she could give actually provided for the preservation I yield back the remainder of my ‘‘no hints, no forecasts, no previews’’ as of our democracy by including these time. I thank the Chair. to how she would decide on future checks and balances between these The PRESIDING OFFICER (Mr. cases. She was right to do so. Judges three branches. ISAKSON). The Senator from South are expected to be impartial and fair, Some have expressed concern about Carolina. looking at each case without prejudice. Judge Roberts’ relatively young age to Mr. DEMINT. Mr. President, I rise Senators who expected Judge Roberts be nominated to such a powerful posi- today in support of the nomination of to answer questions that required him tion. On the contrary, I believe that Judge John Roberts for Chief Justice of to prejudge cases were ignoring the age will allow for a term of growth and the Supreme Court of the United Code of Judicial Ethics and, I suspect, stability for the Court. In my view, his States. Just 1 year ago, I was in the playing politics with the confirmation age is of less importance when com- middle of a heated Senate campaign, process for partisan reasons. pared to his style of judging. In his re- and one of the most important issues Nominees should never compromise sponse to my colleague, Senator to the voters of South Carolina, an their judicial independence and ability HATCH, he explains that his style is issue that came up again and again, to rule fairly by advocating positions that of a modest judge. He went on to was the topic of judges. At that time, I on issues that could come before them. explain that: promised the people of South Carolina Judges are not politicians. In fact, It means an appreciation that the role of that I would fight for fair judges who Judge Roberts himself put it best dur- the judge is limited, that a judge is to decide would judge based on the facts and the ing the hearings when he said: the cases before them, they’re not to legis- law, not on their personal political Judges wear black robes because it doesn’t late, they’re not to execute the laws. opinions. matter who they are as individuals. That’s

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There is a group of I believe Judge Roberts deserves a to hear from legal experts, from polit- names that has been talked about. I fair up-or-down vote before the Su- ical analysts, about Judge Roberts and might remind Senators that Judge preme Court starts its next session in the chances of the success of his nomi- Roberts was never talked about in the October. It is important to have a Chief nation and his confirmation. We have group that was purported to come up in Justice on the bench for the start of had a process of very detailed hearings the President’s first nomination. Yet the session and to have the Court at where our colleagues, many of whom some suggest we are going to move the full strength. are lawyers, have asked the most ap- bar even farther for the next nominee Based on my July meeting with propriate questions, with a lot of who comes through. Judge Roberts, based on his qualifica- thought, a lot of time to deliver the The divisiveness has to stop in this tions and his exemplary performance questions, and we have seen the re- institution. We choose the best and the before the Judiciary Committee, I am sponse of a brilliant lawyer, with no brightest to serve this country. If we confident he will strictly interpret the notes, quote case law from years past consistently move that bar, if we con- law and not legislate from the bench. that appropriately answered the ques- sistently dig to find things that no Judge Roberts has all the qualities tions that did not affect future cases other Congress has looked for, if we are Americans want in their Chief Justice. the Court might hear. not careful, no one will want that job. It is critical that the Chief Justice Now, I am not a lawyer and perhaps If we are not careful, the best and the have the ability to listen to all sides of I do not judge Judge Roberts’ legal brightest legal minds in this country a debate and work well with each Asso- background the same way lawyers who would serve on the bench and ciate Justice. Judge Roberts has clear- might judge it, but I do understand serve with distinction, regardless of ly displayed his patience, fairness, and people. I understand when I meet some- the party they are from, when they get respect. body who is a good person. I have met that call, will say, Mr. President, I The votes tomorrow for Judge Rob- Judge Roberts. This is a good person. want to pass. I can’t put my family erts will show that an overwhelming This is an individual in whom America through it. I can’t put myself through majority of Senators agree. The votes can be proud when they refer to him as it. The risk of doing it is too great to tomorrow against Judge Roberts will Chief Justice. everything around me, to make a com- reveal the Senators who would not sup- A couple weeks ago I had the oppor- mitment to serve my country. port any of President Bush’s nominees, tunity to have Judge Roberts in my of- I ask all of us, what message are we no matter how qualified they are. fice. We talked about his background, sending to our children when the best I fully support the nomination of his life experiences, we talked about and the brightest pass, when they elect Judge Roberts. I will cast my vote in our families. I did not quiz him about not to go through the process we in his favor for confirmation, and I urge legal precedent or court rulings. I did this body have control of? all of my colleagues to support Judge not present him with hypothetical This is a defining time for the Sen- Roberts as the next Chief Justice of the cases or his position on hot topics of ate. This will determine who is willing Supreme Court. the day. That, quite frankly, was not in the future to actually serve their I yield the floor. the ground I was focused to go on. Per- country and to serve in one of the sin- The PRESIDING OFFICER. The Sen- sonally, as a husband and a father, I gle most important areas, the U.S. Su- ator from North Carolina. wanted to know where Judge Roberts preme Court. Mr. BURR. Mr. President, I rise truly stood and if he understood the I am confident Judge Roberts holds today, like my colleague who spoke job he has been asked to do. I wanted the academic credentials, he holds the just before me, to support the nomina- to know if he understood the respon- professional credentials but, more im- tion of John Roberts to be the Chief sibilities not just as a lawyer, not just portantly, I am confident today that Justice of the U.S. Supreme Court. To as a Justice, but as a husband and as a Judge Roberts is a good man. He de- those who know me, to those who have father, and the implications of the deserves the support of every Member of heard me talk on this subject, this is cisions he would rule on and how they the Senate to become the Chief Justice no great surprise. But voting on a Su- would affect not just his family but in of the U.S. Supreme Court. preme Court nomination is a very rare a real way the people of North Caro- Mr. President, I yield the floor. task. It is more historic now, as the lina. The PRESIDING OFFICER. The Sen- Senate will consider a nominee for the As Senators, we are all responsible ator from North Carolina yields. The top job of the Court. for constituencies. I am responsible for Senator from Oregon. The question I ask today is, Why more than 81⁄2 million individuals in Mr. SMITH. Mr. President, I thank should America care about this debate? North Carolina, and I wanted to know, you for the time. It is for me a privi- This debate is more significant than a quite frankly, if Judge Roberts intends lege to speak on behalf of Judge Rob- lifetime appointment of Chief Justice to preserve our Nation’s constitutional erts, but especially because while I of the Supreme Court. principles by interpreting law, not by have voted on hundreds of nominations This debate is more significant than making law. I am proud today to tell for President Clinton and now at the the influence that one single individual you, based upon the answers he gave to present time President Bush, this is brings who is chosen. This debate is me in his testimony in front of the Ju- the first time I will cast a vote, an af- about future decisions that will affect diciary Committee, I am confident he firmative vote, for a member of the the lives of every American, that will will do just that—interpret the law, U.S. Supreme Court, and, perhaps, if affect our children and our children’s not write the law. Judge Roberts, as Judge Roberts lives long enough, the children. From our civil liberties, to every person has heard, has the aca- only time I will cast one on behalf of property rights, to questions of life and demic and the professional credentials the Chief Justice of the U.S. Supreme death, to safety in communities, to the to serve not only as a Supreme Court Court. very basic freedoms, there is no area in Justice but as Chief Justice. It is for that reason that I asked our daily lives that is not somehow af- There is something that concerns me Judge Roberts to come see me. I en- fected by the judicial decisions of the today. It concerns me, and it should joyed a delightful visit with him prior U.S. Supreme Court. The decisions concern the American people: This vote to announcing my affirmative decision made by the Court today will have a will not be unanimous. This vote will to vote for him without qualification, lasting effect long after we have gone be far from unanimous based upon the without reservation, or any reluctance. from this institution. It is essential, reports from Senators. Why? Politics. I He is, in short, a brilliant nominee and absolutely essential, that we confirm am not sure it has ever permeated the I believe he will be a brilliant judge

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE September 28, 2005 CONGRESSIONAL RECORD — SENATE S10537 who will make us proud for years and The quality of humility is one that I I know my time is up, so I yield the years to come. think bears mentioning. Judge Roberts floor and urge my colleagues to vote in When I ran for the Senate, I ran as said, in fact, to that committee: support of Judge Roberts. If you can’t someone with a hat in the political A certain humility should characterize the vote for him, it is hard to know for arena. It is an experience where you judicial role. Judges and justices are serv- whom one could vote. state your position, you ask for votes. ants of the law, not the other way around. I yield the floor. That is a fundamentally different exer- What he is saying is that judges and The PRESIDING OFFICER. The time cise than being a judge. A judge is not justices are bound by the law, as we are of the Senator has expired. someone who comes as a candidate ask- as individual citizens, and as Members Under the previous order, the time ing for a vote, posturing in any fash- of the Senate we are bound by the law, from 11 a.m. to 12 p.m. shall be under ion, and playing politics. The nature of and so are judges. That humility is im- the control of the Democratic leader or the judicial branch, even the executive portant in the life of a judge. his designee. The Chair recognizes the branch, is fundamentally different I remember a great public servant Senator from Iowa. from the judicial branch. Ours is to once said: Mr. HARKIN. Mr. President, tomor- make law. The president is to execute Pride is concerned with who is right, hu- row the Senate will vote on the nomi- the law. The judge is to interpret that mility is concerned with what is right. nation of John Roberts to be the 17th law. I believe Judge Roberts will be fo- individual to serve as Chief Justice of When I was running for an election cused on what is right, not who is the United States. I have put an enor- certificate, I was asked repeatedly right. The greatest threat Judge Rob- mous amount of contemplation and about how I would judge nominees to erts identified to the law is that of a consideration into my vote on this the Court. The underlying question was judicial branch beginning to act more nomination. Some may wonder why always, what is your litmus test? Do like a political branch. this has been such a difficult decision you have a single issue litmus test? I That is something many of my col- for me. Clearly Judge Roberts is an in- promised Oregonians that I would have leagues have spoken to. It is something dividual of great accomplishment. He no litmus test and would vote for I learned about in law school in a con- has an outstanding educational back- qualified Democrats and Republicans stitutional law class. It is called the ground and keen legal skills. He is a from the administration that put them political question doctrine. What that thoughtful, decent, modest person, im- forward because I truly believe we have doctrine refers to is the wisdom that pressively knowledgeable about con- to remember the characteristic distinc- judges need to have, the humility they stitutional law and the Court. tions between the roles of these dif- have to not intersect questions that I watched much of the judiciary hear- ferent branches of Government. What I are in the political arena, part of the ings. I have reviewed briefs and court did tell them is that I would judge discussion, the debate between we the decisions written by Judge Roberts. them by their intelligence, their integ- people about where we want to go. So, And, thanks to his generosity, I met rity, and their temperament. By that instead of reaching over the people and with Judge Roberts for more than an standard, I am not sure we will ever deciding it when the issue is ripe for hour in my office last week, talking have the privilege of voting for a nomi- settlement at the ballot box, judges one on one. nee who is more intelligent than Judge should be restrained in overreaching What I did not find in the hearings or John Roberts. His academic credentials and doing things from on high that, in Judge Roberts’ writings or in our are without equal. He is clearly quali- frankly, disturb the body politic here meeting was a clear indication that fied by his schooling and by his service in our country. I believe Judge Roberts Judge Roberts understands the critical in the legal community. His integrity will have that kind of restraint, that role the courts play in protecting the is beyond reproach as well. He has con- kind of humility. civil rights of Americans and in allow- ducted himself honorably. There has Judge Roberts made a quote in his ing those who have suffered discrimina- been no hint of any kind of scandal opening statement, again without tion to be able to seek recourse and af- that would disqualify him from holding notes; something he feels obviously in firm their rights in Federal court. I high public office. I like especially the his bones and knows in his heart and was seeking some indication that fact that he and his wife late in life de- mind. He said: Judge Roberts understands that the issues that come before the high Court cided to adopt two beautiful children. The one threat to the rule of law is the Every parent in America, I think, tendency on behalf of some judges to take cannot always be viewed with a cool, squirmed when they watched the con- that legitimacy—the legitimacy of the law, legal dispassion and detachment, but cerns the Robertses had when Presi- and that authority—the authority of the that the Court and its members play a law, and to extend it into areas where they critical role in protecting the power- dent Bush announced his nomination— are going beyond the interpretation of the the little boy Jack was fidgeting on a less in our country. Constitution into where they are making the This is of grave concern to me be- public occasion, and all chuckled and law. Judges have to recognize that their role cause the individual who fills this Su- recognized the humanity of Judge and is a limited one. preme Court vacancy will have the Mrs. Roberts, and also related to that An aside, Mr. President, I like his ability to enhance and strengthen or experience. metaphor to an umpire. undermine and weaken the Americans When it comes to temperament, I Judges have to recognize that their role is With Disabilities Act. think there are many qualifications a limited one. That is the basis of their legit- Judge Roberts’ nomination comes at Judge Roberts has that are evident in imacy. Judges have to have the courage to a time when there is a very significant his entire life. He is overwhelmingly make the unpopular decisions when they have to. That sometimes involves striking clash occurring between the Supreme qualified. He has promised fidelity to Court and Congress over whether Con- the law. He has said: down acts of Congress. That sometimes involves ruling that acts of the executive are gress has the authority to require the My obligation is to the Constitution, unconstitutional. That is a requirement of States to comply with antidiscrimina- that’s the oath. the judicial oath. You have to have that tion laws. Unfortunately, the law The quality in his temperament, I courage. caught at the center of this clash is the think, that was particularly meaning- What I find in that statement is an Americans With Disabilities Act. ful was the humility he demonstrated understanding of the political question As I have deliberated on this nomina- in the give and take with our col- doctrine. He is saying we have to be tion, the first and foremost question in leagues on the Judiciary Committee. humble in most all instances; to re- my mind has been this: What kind of The Judiciary Committee is composed spect the rights of the people. But he is Court would the Roberts Court be? of many very bright men and women, also saying you have to have courage Would it be a Court that serves as a and the back and forth was thrilling to to interpret the Constitution in a way refuge of last resort for the powerless watch for someone who loves constitu- that is faithful to it. in our society? Or, would it be a Court tional law. He went into a heavyweight As Cicero once said: that will continue down a disturbing ring and he came out the champ. I was We are in bondage to the law so that we path seen in the later years of the impressed and expressed that to him. might be free. Rehnquist Court, a path that limits the

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In the interests of brevity, Unfortunately, after carefully re- cision, the Court held that Congress let me cite one example from Judge viewing the record and talking with did have the authority to require Roberts’ tenure with the Department Judge Roberts, I am unable to conclude States to make courthouses accessible. of Justice, the 1982 case of Board of that a Roberts Court would guarantee This year, the Court will look at Education v. Rowley. In the Rowley the rights of the powerless and those whether a State is required to make a case, a trial court ruled that Federal with disabilities. prison accessible. There is no guar- law required the State to provide a Earlier this year we celebrated the antee that the Court will come to the sign language interpreter for an 8-year- 15th anniversary of passage of the same result. Instead, we could end up old student who was deaf. The Second Americans With Disabilities Act. The with a crazy patchwork where court- Circuit Court of Appeals affirmed that ADA, as it is known, prohibits dis- houses are accessible, but maybe li- decision. The case then went to the Su- crimination in employment against braries are not, perhaps prisons are ac- preme Court and the Department of people with disabilities. It requires cessible, but employment offices are Justice had to decide whether to sup- that the services and programs of local not. port the student and argue in favor of When we passed the ADA, we in Con- and State governments be accessible an interpreter, or support the local gress did not forbid employment dis- and usable by individuals with disabil- school board and the State and argue crimination against the disabled unless ities. Since its enactment, the ADA has against an interpreter. provided opportunity and access for 54 they worked for the State. We didn’t In a memo to the Attorney General, million Americans with disabilities say some services must be accessible. Judge Roberts said the lower court de- who, prior to the law’s enactment, rou- But that is what the Court has been cisions amounted to an exercise of judi- tinely faced prejudice, discrimination, saying. Talk about judicial activism. cial activism and the lower courts had I would point out here, in those years and exclusion in their everyday lives. inappropriately ‘‘substituted their own when we were developing the Ameri- As Members of this body know very judgment of appropriate educational cans With Disabilities Act, my friend well, I was the lead sponsor of the policy.’’ Senator HATCH was ranking member on ADA. I championed it because I had This was not the language of a law- the Judiciary Committee. They had seen discrimination against the dis- yer merely representing the views of a their staffs look to make sure we abled firsthand, growing up with my client. This was the language of an at- passed the constitutional tests. Attor- brother Frank, who was deaf. During torney in a policymaking position at ney General Dick Thornburgh, a great his childhood, my brother was sent the Department of Justice, suggesting supporter of the Americans With Dis- halfway across the State to a school that the Government should have abilities Act, had the Department of for the ‘‘deaf and dumb.’’ He was told weighed in against the right of a deaf his career path would be limited be- Justice look and make sure we were passing constitutional muster. Boyden student to have access to an inter- cause surely someone who is deaf can- preter under the Education of the not contribute to society. Throughout Gray, in the White House Counsel’s Of- fice, looked at it to make sure we Handicapped Act, a predecessor of to- his life, Frank experienced active dis- day’s Individuals With Disabilities crimination at the hands of both pri- passed constitutional muster. Fifteen Ronald Reagan appointees to the Na- Education Act. In other words, Judge vate individuals and government, and Roberts thought that this law, the pri- this served to limit the choices before tional Council on Disability, working with constitutional law experts, looked mary Federal law to ensure that stu- him. Frank’s experience was by no at the bill to make sure it passed con- dents with disabilities have access to means unusual, as Congress docu- stitutional muster. Yet the Court, by 5- the same educational opportunities as mented extensively prior to enactment to-4 decisions, is undermining all we all other students, should be inter- of the ADA. As part of the writing of did. preted narrowly rather than broadly. that bill, we gathered a massive record As a result, 15 years after passage of That is not the quality I am looking of blatant discrimination against those the ADA, the rights of those with dis- for in a Chief Justice. I want a Chief with disabilities. We had 25 years of abilities still hang in the balance. Justice who brings a passion for justice testimony and reports on disability Those rights will be determined in a to the law; who does not lose sight of discrimination, 14 congressional hear- very significant way by a potential the real people whose lives and liveli- ings, and 63 field hearings by a special Roberts Court. As Chief Justice, Mr. hoods are at stake in the Court’s deci- congressional task force that were held Roberts personally will have a major sions. Some supporters of Judge Rob- in the 3 years prior to the passage of role in determining whether the bal- erts have argued that the Rowley case the Americans With Disabilities Act. ance swings for or against people with was more than two decades ago and We received boxes loaded with thou- disabilities. If Judge Roberts lends his Judge Roberts’ views on statutory in- sands of letters and pieces of testimony voice to those on the Court who believe terpretation and on the ability of indi- gathered in hearings and townhall in the rights of States over the rights viduals to protect their rights through meetings across the country from peo- of people, individuals with disabilities the courts may have evolved since ple whose lives had been damaged or in this country will face enormous set- then. But how are we in this body to destroyed by discrimination. We had backs. know that, particularly when the markups in 5 different committees, had Judge Roberts was asked many ques- White House has failed to provide us over 300 examples of discrimination by tions at his hearing about congres- with all requested and directly rel- States. I know; I was there. I was the sional power, the ADA, and the rights evant documents? chairman of the Disability Policy Sub- of the disabled. I posed similar ques- Of greatest interest to me are the de- committee. tions in our meeting. Judge Roberts cisionmaking memoranda written by Yet since enactment of the ADA the chose not to answer those questions in Judge Roberts during his tenure as Court has repeatedly questioned any significant or revealing detail. Principal Deputy Solicitor General. whether Congress had the constitu- Without some greater assurance that Again, in his role as Principal Deputy tional authority to require States to he would give deference to the policies Solicitor General—a position some- comply with the ADA. Amazingly, it passed by Congress, without solid as- times referred to as a ‘‘political dep- questioned whether Congress ade- surance that he would be a defender of uty’’ because it is a political appoint- quately documented discrimination. In the ability of the less powerful to go to ment—Judge Roberts was not merely 2000, the Supreme Court held in a 5-to- court and have their rights vindicated, representing a client but was involved 4 decision that an experienced nurse at without those assurances, I am left in crafting the Department’s legal posi- a university hospital—who was de- guessing and speculating, and that is tions in some of the most important moted after being diagnosed with not good enough. cases in recent years. breast cancer because her supervisor Without clear assurances from him During his tenure as Principal Dep- did not like being around sick people— personally, I am left only with Judge uty, Judge Roberts argued before the

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In That is why I have been troubled Adoption Assistance and Child Welfare this upcoming term, the Supreme about how some have characterized the Act, and that courts should take a re- Court will hear arguments in a case votes of conscientious Senators in this strictive view of remedies available that will once again examine the ques- case—Senators from my party who under title IX and other civil rights tion of whether Congress had the au- have struggled with, and deliberated laws. thority to order States to make public over, Judge Roberts’s record in arriv- Given the decision of the White facilities accessible to people with dis- ing at their decisions. House to withhold these documents abilities. Knowing this, during our As will be borne out tomorrow, from the Senate, I am forced to draw meeting I tried to convey to Judge Democratic Senators have given this my conclusions on what I do know. Roberts how discrimination against vote the profound and serious consider- Before I conclude my remarks, I people with disabilities was deeply ination that it deserves. would like to describe an example of grained across the decades and across We are not voting monolothically, one of the ‘‘real people’’ I referred to the centuries prior to passage of the but rather each according to his or her earlier, a woman by the name of Bev- Americans with Disabilities Act. I own conscience. erly Jones. Ms. Jones, who testified be- talked with him in detail about how And that is what this vote is. fore the Senate Judiciary Committee prior to passage of ADA people were in- It is a question of principle—not of on Judge Roberts’ nomination, has stitutionalized, segregated, taken from politics, partisanship, or positioning, been using a wheelchair since a 1984 their families, taken from their com- as some have cynically suggested. traffic accident in 1990, the year we munities, excluded from schools, ex- Democrats have truly struggled with passed ADA. She completed court re- cluded from educational opportunities, this vote. I know I have. Like some porting school and set out to work as a excluded from employment opportuni- others, I did not make up my mind courtroom stenographer in order to ties, excluded from all aspects of daily until late on the night before the com- support her family. But what she found life, shopping, going to the movies, mittee vote. as she traveled throughout the State of playing golf, on and on, simply because We are not marching in lockstep, Tennessee was she couldn’t get the jobs of a disability. I explained how people with nary a dissent like my colleagues in a great majority of Tennessee’s with disabilities were excluded in the across the aisle. courthouses. She was forced to choose same way African Americans were ex- But while this vote was a close call between asking complete strangers to cluded prior to the passage of the Civil for many, (Like myself) the next one carry her into the courthouse or into Rights Act. may not be. inaccessible rest rooms or simply turn In closing, let me quote from While this nomination did not war- down employment opportunities. That Thurgood Marshall in the Cleburne rant an attempt to block the nominee is an unacceptable choice for a single case, City of Cleburne v. Texas. Here is on the floor of the Senate, the next one mother supporting two kids. what Justice Thurgood Marshall had to might. Ms. Jones testified to the committee say. Here is a sense of real injustice If the President sends us a nominee that she spoke to Federal, State, and and that something needs to be done who, like Janice Rogers Brown, be- local officials about the problem of in- about it. This is what Justice Marshall lieves that the New Deal was the tri- accessible courtrooms, but her en- said: umph of a ‘‘socialist revolution,’’ there treaties were met with indifference, The mentally retarded have been subject will be a fight. until she filed suit. I would like to to a ‘‘lengthy and tragic history,’’ of seg- If the President sends us a nominee quote from Ms. Jones’ testimony about regation and discrimination that can only be who, like Priscilla Owen, was criticized her experience because I think it viv- called grotesque. . . . A regime of state-man- by her conservative colleague—Alberto idly illustrates what is at stake. dated segregation and degradation soon Gonzalez—for an ‘‘unconscionable act She said: emerged that in its virulence and bigotry ri- of judicial activism,’’ there will be a valed, and indeed paralleled, the worse ex- fight. The door that I thought had been opened cesses of Jim Crow. Massive custodial insti- [with passage of the ADA] was still closed If the President sends us a nominee tutions were built to warehouse the retarded who, like Miguel Estrada, refuses to and my freedom to live my dream was still a for life; the aim was to halt reproduction of dream, and turning into a nightmare. No- the retarded and ‘‘nearly extinguish their answer any real questions and whose body took either me or the law seriously race.’’ Retarded children were categorically record is not made fully available, until I and others brought a lawsuit. excluded from public schools, based on the there will be a fight. That is what is at stake today—the false stereotype that all were ineducable and If the President sends us a nominee right of 64 million Americans with dis- on the purposed need to protected non- who is committed to an agenda of turn- abilities to live their dreams, the right retarded children from them. State laws ing the clock back on civil rights, of the powerless in our society, the deemed the retarded ‘‘unfit for citizenship.’’ workers’ rights, individual autonomy, disenfranchised, to turn to the courts That has been the experience for the or other vital Constitutional protec- to take them seriously. last 200 years or more in this country. tions, there will likely be a fight. Unfortunately, I am not yet per- We stepped in to remedy that with the And it will be a fight without any suaded that a Roberts Court would pro- Americans with Disabilities Act. winners. tect these rights. I hope Judge Roberts keeps these So, Mr. President, on the eve not For this reason, I will be voting no things uppermost in his mind and in only of the confirmation vote on John on this nomination. his heart. Only time will tell. Roberts, but also the President’s nomi- Certainly, I bear no personal animos- I yield the floor. nation of a replacement for the seat of ity whatsoever toward Judge Roberts. The PRESIDING OFFICER (Mr. Justice O’Connor—for more than two Within this body, there are many peo- GRAHAM). The Senator from New York. decades a pivotal swing vote on the ple on the other side of the aisle whom Mr. SCHUMER. Mr. President, I rise High Court—I hope and pray that the I respect, admire, and value as friends. to speak on the nomination of Judge President chooses to unite rather than But I don’t often vote with them be- John Roberts to be Chief Justice of the divide; that he chooses consensus over cause I have a different viewpoint on United States. confrontation. many issues. As I said, in our personal I thank my colleague from Iowa for Now let me return to the vote at meeting, I found Judge Roberts to be a his heartfelt and outstanding words. hand. very decent, modest individual. Votes like this come about so rarely This vote should be viewed against a I hope the future will prove me wrong that many Senators have spent their unique—and troubling—historical about Judge Roberts. I hope he proves entire careers in this body without backdrop. to be a Justice who recognizes that dis- ever having had the opportunity to Many are saying the Senate should crimination in this country occurs in vote on a Chief Justice. not bring ‘‘politics’’ into this. Their

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Poli- should not be relegated to voting on a widely-discredited view that Congress tics, if you define it as that, was intro- ‘‘hunch.’’ may not regulate activities occurring duced by a President who vowed that, We should not be left to guesswork, within a State even if they have sub- if given the opportunity, he would impressions, and hunches. stantial effects on interstate com- name to the Supreme Court Justices in There was a bit of a game of hide and merce. He refused. the ‘‘mold’’ of Clarence Thomas and seek going on—as much as Senators There is therefore too serious a Anthony Scalia. tried to seek out his views, many re- chance that Judge Roberts believes Given the President’s campaign mained hidden away. that Congress is without power to pro- promise and repeated declarations, That is why that I so badly hope that tect workers’ rights, women’s rights, there is a presumption that any nomi- the next nominee will be more forth- and the environment on this widely-ac- nee the President sends to the Senate coming and will answer more questions cepted constitutional basis. is in that ‘‘mold.’’ about his or her legal views, and that We simply did not get definitive an- The presumption is especially all relevant documents will be pro- swers to these questions at the hear- strong—and is particularly hard to vided. ings. At the hearings, I gave Judge Rob- overcome—with a nominee who was But, the answering of questions is erts every opportunity to distance him- carefully vetted, researched, and inter- only a means to an end—it is a means self from Justice Thomas’s most ex- viewed at sufficient length by a Presi- of finding out what kind of judge, or treme views. He refused. Justice, a nominee will make. dent who professed a desire to nomi- Now, Senator CORNYN, my good In this case, because there were not nate people in the mold of Thomas and friend from Texas, and others from Scalia; and, with a nominee who is ea- enough questions answered or docu- across the aisle have said that if we gerly embraced by those groups who ments provided, we are still unsure of can’t vote for this nominee who could support the views of Thomas and the answer to the central question: we vote for? Here is your answer: some- Scalia and who want to change Amer- Who is Judge Roberts? one who answers questions fully and ica through the Courts; Particularly troubling to me are the who makes his or her record fully The presumption can be rebutted, of eerie parallels between Judge Roberts’s available; someone who gives us a sig- course. And the way it can be rebutted testimony and then-Judge Thomas’s, nificant level of assurance with some is through the answering of questions especially given President Bush’s dec- answers and a record that he or she is and through the production of relevant laration that he would nominate Jus- not an ideologue; documents. And here, regrettably, tices in the mold of Justice Thomas. Judge Roberts is clearly brilliant and there was much lacking. The echoes of then-Judge Thomas’s his demeanor suggests he well might To be fair, Judge Roberts did par- empty reassurances that he was a not be an ideologue. tially rebut the presumption. He made mainstream jurist are ringing in the But he simply did not make the case some inroads. ears of every Senator who listened to strongly enough to bet the farm. Judge Roberts has a keen and im- many nearly identical statements from There is a good chance—perhaps even pressive intellect. We all know that. Judge Roberts last week. a majority chance—that Judge Roberts His encyclopedic knowledge of the law I was particularly troubled by his an- will be like Justice Rehnquist on the and eloquent presentation certainly swers in two areas—the constitutional bench. We know he will be brilliant, confirmed what his colleagues have right to privacy and the Congress Com- and he could well be—while very con- said about him—that he is one of the merce Clause power to protect the servative—not an ideologue. That is best advocates, if not the best advocate rights and improve the lives of the why I struggled with this decision so in the Nation. American people. long and so hard. But being brilliant and accomplished At his hearing, for example, Judge If he is a Rehnquist, that would not is not the number one criterion for ele- Roberts said that he believes ‘‘there is be cause for exultation; nor would it be vation to the Supreme Court—there a right to privacy protected as part of cause for alarm. The Court’s balance are many who would use their consid- the liberty guarantee in the due proc- will not be altered. erable talents and legal acumen to set ess clause.’’ At his hearing, then-Judge But there is a reasonable danger that America back. So, while legal bril- Thomas made almost the identical he will be like Justice Thomas, the liance is to be considered, it is never statement. As a Supreme Court Jus- most radical Justice on the Supreme dispositive. tice, however, Justice Thomas has re- Court. It is not that I am certain that he In addition, very good lawyers know peatedly urged the most narrow inter- will be a Thomas. It’s not even that the how to avoid tough questions. People pretation of a privacy interest possible, chance that he will a Thomas is great- have said that one of the reasons the in Casey, in Lawrence, and at every er than fifty percent. But the risk that nominee was so effective arguing in the other opportunity. he might be a Thomas and the lack of Supreme Court is that he mastered the At his hearing, Judge Roberts repeat- reassurance that he won’t—particuarly trick of making the point he wanted to edly assured the Committee that he in light of this President’s professed make, rather than answer the question had ‘‘no quarrel’’ with various Supreme desire to nominate people in that asked. Court decisions on issues of privacy, mold—is just not good enough. When I reviewed the transcript in the women’s rights, civil rights, education, Because if he is a Justice Thomas, he week after the hearings concluded but and other important issues. The same could turn back the clock decades for before we were called on to vote, there assurance in nearly identical words all Americans. The Court’s balance was often less than met the ear. were made by Justice Thomas at his may be tipped radically in one direc- There is an obligation of nominees to hearings, but when given the oppor- tion and stay that way for too long. answer questions fully and forth- tunity to consider those cases with I hope he is not a Thomas. But the rightly, because they are essential to which he had ‘‘no quarrel’’ from the risk is too great to bear, and it exceeds figuring out a nominee’s judicial phi- bench, Justice Thomas voted to over- the upside benefit. losophy and ideology—to me, the most rule. Because of that risk and its enor- important criteria in choosing a Jus- At his hearing, Judge Roberts repeat- mous consequences for generations of tice. edly assured the Committee that he Americans, I cannot vote yes. I must Many of us were disappointed in his had ‘‘no agenda.’’ The same assurance reluctantly cast my vote against con- failure to answer so many questions was made by Justices Thomas and firmation. and is one of the contributing factors Scalia at their hearings. The PRESIDING OFFICER. The Sen- to the no votes that will be cast Besides these concerns about Judge ator from Oregon. against Judge Roberts. Roberts’s views on the right to privacy Mr. WYDEN. Mr. President, 5 years Add to that the refusal of the admin- and on the Establishment Clause, I also have passed since the Presidential elec- istration to allow the Senate to exam- was troubled by his answers on the tion of 2000, and legitimate questions

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE September 28, 2005 CONGRESSIONAL RECORD — SENATE S10541 about the outcome of that campaign should be based on the judicial nomi- specific medical treatment in Terri have left too much of America too di- nee that is before the Senate, not the Schiavo’s tragic case because I believed vided. Legitimate questions about the one that we wish was before the Sen- the Constitution affords families the outcome of that election have given ate. right to decide these matters privately. rise to an ever-growing polarization be- To put this into historial perspective This is an area, in my view, in which tween so-called red and blue States, be- under the advice and consent responsi- the Federal Government has no busi- tween liberals and conservatives, and bility assigned to the President, the ness intruding. Involving itself in the between Republicans and Democrats in President’s judicial nominees to the Schiavo case, Congress was inappropri- the Congress. Court have traditionally been given a ately meddling and blatantly ignoring Despite a somewhat more convincing large degree of deference. For example, the limits of its constitutional author- outcome in the 2004 Presidential elec- in spite of the divisive national debate ity. tion, the divisions caused by the events surrounding gays in the military, uni- I believe that the Terri Schiavo case of 2000 show little sign of abating. Hav- versal health care, Travelgate, is the first of many such end-of-life ing closely observed this widening di- Filegate, and the Whitewater inves- cases that will arrive at the Supreme vide, I now wonder whether Judge Rob- tigation, this deference translated into Court’s doorstep. In my view, most of erts’ confirmation will add to the bit- 96 votes for Justice Ginsburg and 87 these cases will involve one individual terness and distrust of the Federal votes for Justice Breyer when their and passionately held views. Demo- Government or whether it may serve to nominations came to a vote before the graphic trends and improvements in remind the people and the lawmakers Senate. Yet these are two of the most medical technology assure that there they elect that we cannot move for- progressive voices in the over 200-year will be many of these cases. ward as a nation if we remain dedi- history of the Court. Given what is ahead, I felt I had an cated to tearing each other down. When I had the opportunity to meet obligation to examine how Judge Rob- This is my first vote on a nominee to with John Roberts in my office this erts saw end-of-life issues in the con- the Supreme Court of the United past August, I pressed him to tell me text of the Constitution and whether States, and my obligation as articu- how he viewed some of the issues that he would be willing to manipulate its lated in the Constitution is to either have most divided our country. The an- meaning to authorize Government in- consent or not consent to a choice spe- swers Judge Roberts gave me during trusion in private family matters. cifically entrusted to the elected Presi- the hour we spent together left me When I met with Judge Roberts in Au- dent of the United States. Some of the with the impression that he will be his gust, we discussed end-of-life issues at policy watchdogs that I respect the own man on the Court. length, not because this was a litmus most and agree with on so many issues Here are my judgments about the in- test for me, and I certainly don’t be- have asked whether I oppose Judge dividual before the Senate now: One, on lieve in litmus tests, but because I Roberts because he is not one of us, be- the basis of his public testimony, it is thought it was important to carefully cause he is too conservative, because hard to see Judge Roberts as a man consider Judge Roberts’ judicial tem- he is too young, because he may prove who will walk into the white pillard perament on this critical issue. effective. He is not whom we would building across the street and set about Judge Roberts did not say how he choose, they say. And on that point, I tearing apart the fabric of our society; would have handled the Schiavo case or am in full agreement. two, on the basis of his public testi- any case before the Court. However, Should the test to confirm a Chief mony, it is hard to see Judge Roberts Judge Roberts did say quite a bit that Justice be, he is not one we would as a judicial activist who would place made a lot of sense to me and I think choose? I ask my friends to imagine ideological purity or a particular agen- would make sense to the vast majority the mess we will have left for our coun- da above or ahead of the need for of Americans. Judge Roberts agreed try if the Senate uses this test and thoughtful reason; three, on the basis that there is a constitutionally based votes solely on the basis of a nominee’s of his public testimony, it is hard to privacy right and that while the scope political beliefs. Friends who a year see Judge Roberts as a divisive, of the privacy right is still being de- ago said, We don’t want ideologues ap- confrontational extremist who would fined in the context of end-of-life care, pointed to the Supreme Court, now try to further exploit the divisions in he said that when he approached the want John Roberts and the next nomi- our country. issue, he starts with the proposition nee to show up at the witness table to What I saw in his public testimony that each person has the right to be submit to an ideological litmus test. and in our private meeting is an intel- left alone and that their liberty inter- Here is my message to those friends: ligent, thoughtful man, certainly a ests should be factored in as well. A sword forged in ideology in 2005 can deeply conservative man with a tem- At his hearing, Judge Roberts reiter- be used against a progressive nominee pered view of the role of Government. ated his position, stating that a right in 2009 with an equal disregard for the At his Judiciary Committee hear- to privacy exists in the Constitution. Constitution and the individual. ings, nothing he said in public con- He stated that privacy is a component In 2008, I fully intend to work harder flicted with what he had told me in pri- of the liberty protected by the due than ever before to elect a President vate. process clauses of the 5th and 14th who rejects the dangerous priorities In addition to meeting with him, I amendments, and he stated this liberty that have led us to war in Iraq and an have scrutinized Judge Roberts and his interest is protected substantively as energy policy that is folly, that assures record closely, considering his Reagan- well as procedurally. our continued dependence on foreign era documents, reading the news anal- While discussing the Schiavo tragedy oil. Should this new Democratic Presi- ysis printed in papers across our coun- during our August meeting, I also dent have to contend with a Repub- try and listened to the hearings and re- asked him about Congress’s authority lican Senate majority, he or she better viewed the transcripts of them as well. to legislate a particular remedy in a hope that the judicial nominations in No one disputes that Judge Roberts has particular case, and Judge Roberts ex- 2005 did not become purely ideology- a brilliant legal mind. My analysis of pressed his concern about judicial inde- driven contests. If these debates are his record leads me to conclude that he pendence. It was apparent to me Judge purely partisan, our future will include is not cut from the same originalist Roberts understands there are con- constitutional bedlam whenever a Su- cloth as Justice Thomas and Justice stitutional limits to the recent enthu- preme Court opening occurs while the Scalia. He does not seem to believe siasm of Congress to prescribe par- Senate is controlled by the opposition that the words of the Constitution are ticular remedies in a particular end-of- party. fossilized, leaving only a one-size-fits- life case. I reject the suggestion that a Repub- all, 18th century remedy for every Concerning States rights to regulate lican nominee is, per se, objectionable. problem that our society confronts. It medical practice and the scope of the A number of certainly moderate jus- is hard not to get the sense that he be- 10th amendment, Judge Roberts stated tices nominated by Republican Presi- lieves in limited government. he believed the Framers expected dents certainly belie this claim. The Back in March, I led the effort in the States to do most of the regulating and decision each Senator must make Senate to block attempts to dictate a that they expected most regulation to

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Gen- across the country would stifle the ge- is what is most sorely needed at this erally speaking, the debate in com- nius of our Founding Fathers. moment in our Nation’s history, and I mittee and in the Chamber has lived up Judge Roberts also told me he at- am of the opinion that Judge Roberts to the best traditions of the Senate. A taches great importance to legislative possesses the nature and the desire to few months ago, we were at each oth- history in interpreting law. He re- unify the Court and, with it, our Na- er’s throats, about to blow up the peated this point several times during tion. I wish him wisdom, diplomacy, place. There is plenty of blame to go his public hearings. Those who have and moderation as he prepares to as- around, but we have sort of broken closely studied former Attorney Gen- sume this critical role. that cycle. We have had a confirmation eral Ashcroft’s challenge to the Oregon Mr. President, I yield the floor. process that is in the best tradition of physician-assisted suicide law know Mr. President, I suggest the absence the Senate. We will go forward, and I there is not one word in the Controlled of a quorum. hope he gets a healthy number of Substances Act, the law used to launch The PRESIDING OFFICER. The votes. It looks as if he will. the case, indicating the Controlled clerk will call the roll. One thing I wanted to take some Substances Act is aimed at or should The legislative clerk proceeded to time to discuss is some of the rea- be used to overturn or undermine the call the roll. soning given to vote no and make a right of States to regulate medical Mr. GRAHAM. Madam President, I cautionary tale about some of the sug- practices within their borders. ask unanimous consent that the order gestions why a ‘‘no’’ vote would be ap- On the extremely important matter for the quorum call be rescinded. propriate. There seems to be some sug- of a woman’s right to choose, I asked The PRESIDING OFFICER (Ms. MUR- gestion that if he does not have an alle- Judge Roberts about Roe. He did not KOWSKI). Without objection, it is so or- giance to a particular line of cases, offer specific comments, but his re- dered. particularly the right of privacy cases sponse indicated he would not enter The PRESIDING OFFICER. Under centering around Roe v. Wade, that the Court with an ‘‘agenda’’ and he the previous order, the time from 12 you can’t vote for him. That one case would respect the Court’s precedents. p.m. to 1 p.m. will be under the control or that line of legal reasoning is so im- In the public hearings, he also said he of the majority. portant that without some commit- personally agreed with the conclusion The Senator from South Carolina. ment on his part to uphold Roe v. Wade of the Griswold and Eisenstat deci- Mr. GRAHAM. Madam President, I or the concept of Roe v. Wade, a ‘‘no’’ sions, which held that the privacy would like to comment a bit on the vote would be in order. I would argue right protects the right of individuals nomination of Judge Roberts. I wish to that could be applied on our side. Most to use birth control. make a political observation. This is of us are pro-life. I would say 90 per- His opinions on the issues that mat- certainly a political body, and the cent of the Republican caucus is pro- ter indicate he is intelligent, thought- nomination process has politics to it. life. Probably 90 percent of the Demo- ful, and that he has a tempered view of That is not a bad thing. That is to be cratic caucus is pro-choice. The coun- the role of the Federal Government. expected. try is pretty evenly divided. If we have Judge Roberts’ combination of tem- From a Republican point of view, a litmus test about Roe v. Wade or any perament and intelligence give him the this is an easy vote. We are inclined to other case, that is not doing the judici- potential to be a conciliatory voice at support a President when he is in ary a good service because you are put- a divisive time in American history. He power making a nomination. But that ting a judge in a bad spot. has the skills to reach across the divi- is not always the case, that every Re- Senator HARKIN mentioned the Amer- sions in America to show that justice publican votes for every nominee. I ex- icans with Disabilities Act, something can be a healing force for the wounds pect that will be the case here. Most of he should be very proud of. He fought that cut our society so deeply. He can us on our side of the aisle are pleased hard to make it part of law, and we are help to unify the country by building a with the nominee, someone of extraor- a better Nation for it. There are some record of well-reasoned opinions dinary intelligence and legal abilities cases involving the Americans with grounded in the rule of law, not ide- and seems to be an all around good guy Disabilities Act that will come before ology. who has served his country well in the Court. Senator HARKIN did not He will receive my vote tomorrow to every capacity that he has been called think that he could vote yes because he be the next Chief Justice of the United upon to serve. We will all vote en wasn’t assured that Judge Roberts States. masse. It is an easy vote for us. would uphold the Americans with Dis- I want to make one final point, Mr. To our Democratic colleagues, it is abilities Act in a way that he felt com- President, a point that is important to not so easy. Any time you are in the fortable with in that States have been me. There is another vacancy on the minority, and the Court being an im- exempted from the act. We are all deal- Court, and the President is expected to portant part of American life and poli- ing with that issue. send forth his nominee soon. My inten- tics, there is a lot of pressure on my The only thing I can say about a tion to vote for Judge Roberts tomor- Democratic colleagues to say no for guarantee with Judge Roberts, if you row should in no way be construed as a different reasons by special interest are a conservative and would like to ‘‘weathervane’’ for how I might vote on groups on the left. We certainly have see certain Court decisions reversed, if the next nominee. In the past, I have them on the right. Our day will come. you are a liberal and would like to see not hesitated to vote against several of If there is ever a Democratic nominee, certain decisions sustained, the one the President’s nominees to the courts we will face the same pressure. thing I can promise you about Judge of appeals when they carried the ideo- I would like to compliment my Roberts is he is going to make his deci- logical and activist baggage I believed Democratic colleagues. Every one has sion based on the facts, the briefs, the would be disruptive to our society. If taken the process seriously. There will record in the particular case, and the the President puts forward a nominee be a healthy number of Democratic arguments made by litigants. If he to replace Justice O’Connor who is un- votes for Judge Roberts. To those who overturns a precedent of the Court, he likely to ably and respectfully fill her have decided to vote for him, history will apply the four-part test that has shoes, I will vigorously oppose that will judge you well. You have based been the historical analysis of how to nomination. your votes on the qualifications test. overturn a standing precedent. He is I began by voicing my question about You have seen in Judge Roberts some- going to do it in a businesslike fashion. the impact of this nomination on the one who loves the law more than poli- He is going to apply the rule of law. If body politic of our country. Among the tics. Over time, history will judge you you are looking for an outcome-deter- many awesome duties of the Chief Jus- well. One of the highlights of the Bush minative judge, someone who is going

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So with re- Senator BIDEN, on past nominations, on the Court. spect, I will ask not to be asked to an- has said: First, as a Member of the Sen- Justice Marshall was asked by Sen- swer that question. ate, I am not choosing a nominee for ator McClellan: Do you subscribe to He said it better than I read it. Bot- the Court. That is the prerogative of the philosophy expressed by a majority tom line is, he is telling Senator LEAHY the President of the United States and of the Court in Miranda? and Senator KOHL that if you start we, Members of the Senate, are simply That is a major league constitutional asking me to compare one case with reviewing the decision he has made. case in our Nation’s history where po- another that has viable legal concepts, Second: Our review, I believe, must op- lice officers have to inform a criminal that could be a foreshadowing of how I erate within certain limits. We are at- defendant of certain rights they pos- might rule on matters before the tempting to answer some of the fol- sess under the Constitution. That was a Court, and you are putting me in a bad lowing questions: First, does the nomi- big deal. When Justice Marshall was spot and I like not to do that. I can nee have the intellectual capacity, con- coming along, that case had not been talk about Griswold, but if you ask me fidence, and temperament to be a Su- long decided. He said: I cannot answer to say am I settled about Roe v. Wade preme Court Justice? Second, is the your question because there are many as I am Griswold, then you are basi- nominee of good moral character and cases pending that are variations on cally getting a preview how I might free of conflict of interest that would Miranda that I will have to pass on if rule on a Roe v. Wade-type scenario. compromise her ability—in this case it I were confirmed. So the idea that Judge Roberts did was Justice Ginsburg—to faithfully Senator McClellan: Do you disagree not want to make such comparisons and objectively perform her role as a with the Miranda philosophy? with the interstate commerce clause is member of the Supreme Court? Third, Justice Marshall: I am not saying not unknown to the confirmation proc- will the nominee faithfully uphold the whether I disagree or not, because I am ess. Justice Souter did not want to go laws and Constitution of the United going to be called to pass on it. down that road with the right of pri- States of America? We are not at- Senator McClellan: You cannot make vacy. tempting to determine whether the any comment on any decision that has Judge Roberts was asked probing, nominee will address with all of us— been made in the past? hard, clever questions to try to get him being the Senate—every pressing social Justice Marshall answered: I would to tip his hand. I think what he said or legal issue of the day. Indeed, if that say that on decisions that are certain was the right answer: I will follow the were the test, no one would pass this to be reexamined in the Court, it would rule of law. There is a process of how to committee, much less the full Senate. be improper for me to comment on overturn a case. There is a process of I could not agree with Senator BIDEN them in advance. how to decide a case. That process is, more. If that is the test, we are OK. If I couldn’t say it better. This idea you look at the facts, you look at the it becomes some subjective test where that Judge Roberts has been evasive, record, you listen to the arguments of you have to adopt our view of a par- that he will not give you a detailed an- the litigants, and you don’t prejudge. I ticular line of legal reasoning, then I swer of how he will decide the concept think that will serve the country well. think you have undermined the role of of the right of privacy or how he might The other concept that is coming the President, I think you put the Ju- rule on interstate commerce clause into play is what burden does the diciary at a great disadvantage, and I cases that will certainly come before nominee have, what deference should think you will be starting down a road the Court, he is doing exactly what the Senate give to the President, what that will not pay great dividends for Justice Marshall did when he was in is the standard for confirmation. I have the Senate. the confirmation process. He was not always believed that the idea that the I argue that whatever votes you cast, going to bargain his way on the Court. President’s nominee should be given let’s not create standards that will Justice Ginsburg gave a very famous deference by the Senate is a long- come back to haunt the judiciary. quote: I am not going to give you standing concept in our country. I am Let’s not put people in a bind, in trying hints, any previews, no advisory opin- not the only one who believes that. to get on the Court, by making deci- ions about matters that I believe will There is a lot of information out sions or answering questions that will be coming before the Court. there from our Democratic friends who compromise their integrity and violate If that is your test, that you have to have gone down that same road and their judicial ethics to get votes. have a guarantee in your mind that a have come to the same conclusion. I do not think anybody is inten- certain line of cases or a legal concept There are prominent law professors out tionally trying to do that, but there will be upheld or stricken down, Judge there who have suggested that there is are some disturbing comments about Roberts is never going to satisfy you. a presumption of a nomination by the what the standard should be. There It is good for the country that he not President that the Senate should give have been a couple of occasions on the try to do that, just as Justice Marshall great deference to the Presidential Judiciary Committee where people avoided that dilemma. nominee and that our advise-and-con- have looked at Judge Roberts and said: This is a question by Senator KOHL sent role does not replace the judgment Convince me, the burden is on you to to Justice Souter: What was your opin- of the President but simply to see if convince me you will not do the fol- ion in 1973 on Roe v. Wade? the person is qualified, has the char- lowing or you will do the following. I Justice Souter: Well, with respect, acter and integrity and will wear the don’t think that is helpful. Senator, I am going to ask you to let robe in the way that is consistent with There have been some occasions in me draw the line there, because I do being a judge and not turn it into the committee where people have ac- not think I could get into opinions of power grab. knowledged the great intellect of 1973. Professor Michael Gerhardt, who has Judge Roberts. His preparation for the Senator LEAHY: You do not have the advised our Democratic friends about job is not in question. I said in com- same sense, to whatever degree you the confirmation process established mittee: If you question his intellect, consider privacy in Griswold settled— now and in the past, says: people are going to question yours. He which is the ability to engage in birth The Constitution establishes a presump- is a genius. There is no way of getting control practices—to whatever extent tion of confirmation that works to the ad- around that. He is one of the greatest that is, you do not have in your own vantage of the President and his nominee. legal minds in the history of the coun- mind the same sense of settlement on He also said: try, and I think he will be a historic Roe v. Wade; is that correct? The presumption of confirmation embodied choice by the President. Justice Souter: Well, with respect, in the Constitution generally puts the onus People have suggested: I don’t know sir, I think that is a question that I on those interested in impeding a nomina- if he has the real-world experience; I should not answer. Because I think to tion to mobilize opposition to it. know about your brain, but I don’t

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He pointed out, in fact, get a fight. If you pick Priscilla Owen, er, someone this President would not that Justice Ginsburg and Justice if you pick Janice Rogers Brown, you pick. This President picked someone Breyer, two Clinton nominees, received are going to get a fight, bringing back who worked for his dad, President Bush 87 votes and 96 votes, respectively. If the specter of the filibuster. 1, and Ronald Reagan. you start applying heart tests, I can What did the President do when he There is an argument out there that tell you that gets to be so subjective ran in his campaign? He talked about adopting the Reagan position on ex- and so political, and I think it is dan- the Supreme Court and how important tending the Civil Rights Act in toto, gerous for the judiciary and not it was to him. He said, basically: If I without a change, that would lead to a healthy for the Senate. am the President of the United States, reverse discrimination test called ‘‘pro- One of the issues Justice Ginsburg on my watch, I am going to nominate portionality’’ and is out of the main- wrote about was the idea that prostitu- well-qualified, strict constructionists stream. Ronald Reagan won 49 States. tion should be a legal activity because to the Court with no litmus test, who If you can win 49 States and be out of will interpret the law and not become to restrict women from engaging in the mainstream, I would argue the per- legislators themselves. He showed prostitution is basically restricting a son saying you are out of the main- praise and admiration for Scalia and woman’s right to engage in commerce. stream is out of the mainstream. If you You can agree or disagree, but from Thomas. I would argue that something is picked someone similar to Scalia and my point of view, looking at the world wrong with the Senate if they can vote that would justify a filibuster and the as I know it to be as a former pros- for someone 98 to 0 and say, If you pick guy got 98 votes, there is a disconnect ecutor and former defense attorney someone like him, they are out of the going on here. who has had some experience in crimi- mainstream and desiring a filibuster. One of the memos that is in question nal law, if I am using the heart test or How can you go from 98 to 0, someone is a memo that Judge Roberts wrote the real-world experience test, I would similar to the person a decade later, about the Reagan administration’s de- argue that from the experiences I have and you filibuster? I would argue that cision to grant amnesty, for lack of a seen as a criminal defense lawyer and if you do that, it is more about politics better word, to illegal aliens in this as a criminal prosecutor, that prostitu- than it is about qualifications. country. He was writing a memo to tion is hell for women; that if you real- I hope we don’t do that because the suggest how the President should rely understood the life of a prostitute, it one thing I can assure you, knowing spond to an inquiry by Spanish Today, would not be a good business endeavor the President reasonably well, is that a Latino, Hispanic newspaper. He to uphold. It would be something we he is going to fulfill his campaign talked about the idea that it would be would want to deter. promise. He is going to send over to well received in the Hispanic commu- That is my view based on life as I this body a well-qualified, strict con- nity to grant amnesty. And he said to know it, having been involved in the structionist, and to expect anything the effect that Spanish Today would be criminal law business for 20-something else, you ignored the last two elec- pleased that we are trying to grant years. tions. We are not going to sit on the legal status to their illegal amigos. She said she supported the idea of sidelines and watch the election be Somehow that one phrase has been Federal funding for abortion. If you overturned because of political pres- suggested that this young man, work- wanted to try to question someone’s sure from the left. That is not going to ing for the Reagan administration, heart from a pro-life perspective, I happen. committed some kind of a wrong that think it would be pretty tough to take I do expect the President to listen, as would deny him the ability to be fairly taxpayers’ dollars and use them for a he did before he nominated Judge Rob- considered for the Supreme Court 20- procedure that millions of Americans erts. I expect him to consult, as he did something years later. I argue, No. 1, find morally wrong. before he nominated Judge Roberts. I that if you read his writings in terms So if we start going down the road of was very pleased and proud of his pick. of what he was talking about, it was whether we believe a person before us I am encouraging the President to lis- not meant to be slanderous, it was not has the right heart or the right real- ten to our Democratic colleagues, lis- meant to be a derogatory remark—he world experiences, then you are taking ten to us all. But the most encourage- answered the question fully—that it the objective qualification, intellect, ment I could give the President is: Ful- was not meant to be that way at all. and character test, not an ideologue— fill your campaign promise. Do what That was a commonly used term in the which I think is an appropriate thing— you said you would do when you ran for White House, the term ‘‘amigos,’’ and and you are beginning to put subjective President. Send us over a well-quali- he made a correct observation: that elements in it that will not be good for fied, strict constructionist conserv- certain Hispanic groups did welcome the judiciary and will not be good for ative with no litmus test attached. If President Reagan’s decision. the Senate. I can assure you, if we you do that, then you will have done a Bottom line is, if we are going to started looking at those type of tests good service for the American people take a phrase that a person wrote when for Justice Ginsburg or Justice Breyer, because you got elected twice telling they were 26, and that is going to be a who was a Democratic staffer, if we them what you are going to do. reason to vote no, woe be to anybody started looking at their philosophy or I have about 5 minutes, and I will let else coming before this committee. I trying to judge their heart or having my other colleagues speak. would not want that to be the standard their value system equate with ours to There were a couple of other com- for me. the point we feel comfortable, then ments about concerns with this nomi- He never apologized because he did they would not have gotten nearly the nee. It goes back to the memos. This not think he had anything to apologize votes they did because it is clear to me nominee worked for the Reagan admin- about. So this is much ado, in my opin- that not too long ago Republicans, dur- istration. He was in his midtwenties, ion, about nothing. You have read his ing the Clinton administration, over- and that has gotten to be a bad thing. writings. He used Latin, French, and looked all the differences they had Working for Ronald Reagan, I think, is Spanish terms all over the place. He is with Ginsburg and voted for her 96 to 3 a good thing. Justice Breyer was a kind of a witty guy. You may not like and overlooked all the differences they Democratic staffer. No one held that his sense of humor, but I think it is had with Justice Breyer and gave him against him. He worked for the Demo- given sometimes in that vein. The idea 87 votes. It is clear to me that Demo- cratic side of the aisle in the Senate, about, you know, more homemakers crats and President Bush 1’s adminis- and I don’t remember anyone sug- becoming lawyers, who said we need tration overlooked all the differences gesting that was a bad thing. more homemakers than lawyers—and I

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Not one person came giance of the nominee to our way of many of my fellow Coloradans. before this body or the committee to thinking about a particular line of The humility he exudes is reflected say Judge Roberts has lived his life in cases or a particular concept in law, in his view on the role of judges and any way, shape, or form to demean any but judge the entire person, we will the courts. Judge Roberts says: group in America or individual. It is have served the country well. If we get [A] certain humility should characterize quite the opposite. He has received into the mud and start fighting each the judicial role. Judges and Justices are praise from everybody he has worked other over the second pick, because servants of the law, not the other way around. with on both sides of the aisle because some people don’t like how the election he is basically a very good man. So I turned out, then we will set a trend He describes himself as a ‘‘modest hope we will not make that the stand- that will come back to haunt this judge,’’ which is evidenced in his ‘‘ap- ard in the future. body, haunt all future Presidents, and preciation that the role of the judge is Final thoughts. The vote is not in we will be worse off as a nation. limited, that judges are to decide the question in terms of confirmation. The With that, I am going to end with the cases before them, they’re not to legis- process is in question. And that to me idea I am optimistic that we will not late, they’re not to execute the laws.’’ This judicial philosophy is impera- is as important as the vote total. The go down that road, we will give the tive to preserving the sanctity of the President is going to get another pick. next nominee the respect and deference Constitution that is under attack by a That is the way it has happened. He this nominee has, and we will vote our handful of activist judges activist has had a lot of things happen on his conscience, and the vote will come and judges who proclaim the Pledge of Al- watch historic in nature. Whatever you the vote will go. And the worst thing legiance unconstitutional and attempt think about President Bush, whether we could do is politicize the judiciary to redefine the institution of marriage. you like him or not, he has had to deal any more than it has been politicized. Unlike these activist judges, Judge with some major league events. Let me If you are selected to be on the Su- Roberts will be on the side of Constitu- tell you, some will go down good and preme Court, there will be millions of tion. not so good in history. That is the life dollars to run you down and destroy of a President. But one thing I can say As a Senator representing Colorado, I your life, and that is going to happen also appreciate the uniqueness of the for certain is that his decision to make on both sides of the aisle if we do not John Roberts Chief Justice of the U.S. issues important to Colorado and the watch it. The best thing the Senate can West. The departure of Justice O’Con- Supreme Court will go down well in do is use this opportunity to stand up history. It will be one of the greatest nor, and now Chief Justice Rehnquist, to those people who want to run down marks the loss of a Western presence things he has done as President of the somebody and ruin their life unfairly, United States because he has picked on the Supreme Court. because our day will come as Repub- Earlier this year, I asked President one of the most uniquely qualified men licans. If we can unite around the idea Bush to nominate a judge with an un- in American history to serve on a we are not going to let special interest derstanding of issues important to Col- Court that needs all the unity it can groups take over the Senate, the coun- orado and the West, such as water and find, and this guy will be a consensus try will be stronger. resource law. builder. The next one is coming and it With that, I yield the floor. I asked Judge Roberts about his un- is coming soon. There is all kind of The PRESIDING OFFICER. The Sen- derstanding of Western resource and jockeying already about what the ator from Colorado. water law. Judge Roberts acknowl- President should do and what he should Mr. ALLARD. I congratulate my col- edged the loss of the Western presence not do. I hope and pray we will remem- league and good friend from South on the Court and assured me that he ber the best traditions of the Senate, Carolina for a fine statement. understands the uniqueness to the that we will listen to the Joe Bidens of I also rise today in support of Presi- West of such issues as water, the envi- the past, when he informed us that our dent Bush’s nomination of Judge John ronment, and public lands. role is to give deference to the Presi- Roberts to serve as Chief Justice of the He shared his experience working on dential nominee, look at their char- United States. several cases in the State of Alaska, acter, intelligence, and qualifications; President Bush could not have nomi- encompassing issues on rivers, Indian that we will remember what Senator nated an individual more qualified to law, and natural resources. He also de- KENNEDY said about Justice Marshall: be confirmed as the next Chief Justice scribed his practice of traveling to the it is not your job, we shouldn’t hold of the United States. If one were to site of cases when he believes it is ben- someone’s political philosophy against prescribe the ideal training regimen for eficial to his understanding of the them. We should look at who they are a future Chief Justice, Judge Roberts’ facts. This practice is demonstrative of and what kind of judge they would be, career may well serve as the model. his commitment to fully understanding would they be fair. Judge Roberts has interacted with cases from the perspective of both So as the next pick is about to be the Supreme Court in nearly every con- sides. made, the Senate can fight if we want ceivable capacity. After law school, he I was pleasantly surprised to learn to or we can recognize that elections held a prestigious position at the Su- that he currently has a law clerk from matter, we can judge the nominees preme Court as a clerk to Justice Wil- New Mexico. Law clerks sit at a judge’s based on their qualifications, integrity, liam Rehnquist. He then went on to right hand and are integral in the and character, whether they are going argue 39 cases before the Supreme judge’s decisionmaking process. I am to wear the robe in some improper Court, representing both public and hopeful that Judge Roberts will con- fashion, or we can start putting polit- private litigants. He currently serves tinue to surround himself with individ- ical tests on the Presidency that will as a judge on the U.S. Court of Appeals uals who have a Western perspective. come back to haunt everybody and for the DC Circuit often referred to as The Senate Judiciary Committee has every party. If you want someone such the second highest court in the land. reviewed Judge Roberts’ record more as O’Connor—President Clinton did not In short, he has worked at the Su- extensively than any previous Supreme think 1 minute about replacing Justice preme Court, represented dozens of cli- Court nominee. The Administration White with Justice Ginsburg. No one ents before the Supreme Court, and produced more than 76,000 pages of doc- asked him to think about that. This served as a judge on the court that uments related to Judge Roberts’ dis- idea that you have to have an ideolog- many consider a stepping-stone to the tinguished career in public service. ical match is something new. What is Supreme Court. I cannot imagine Judge Roberts testified for more than old and stood the test of time is that someone more qualified to now serve as 20 hours before the Senate Judiciary Presidents get to pick once they win, Chief Justice of the Supreme Court. Committee. and our job is to make sure they pick After spending considerable time During the extensive review process, wisely in terms of character, integrity, with Judge Roberts the nominee, I the country learned a great deal about

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I believe on the unprecedented level of bipar- Law School at the top of his class. his most telling statement was this: tisan consultation he engaged in with Less than 3 years ago, Judge Roberts I come before the Committee with no agen- the Senate prior to this nomination. was confirmed by a unanimous vote to da. I have no platform. Judges are not politi- The Constitution grants the power to the DC Court of Appeals, which is often cians who can promise to do certain things the President to nominate and the Sen- referred to, as my friend from Colorado in exchange for votes. I have no agenda, but ate to provide advice and consent. Al- I do have a commitment. If I am confirmed, says, as the second highest court in the though Senators can provide input, the land. He was also a partner in the pres- I will confront every case with an open mind. Senate does not co-nominate. When the I will fully and fairly analyze the legal argu- tigious law firm of Hogan & Hartson. ments that are presented. I will be open to President sends forth highly qualified He specialized in U.S. Supreme Court the considered views of my colleagues on the candidates, this body has an obligation litigation, arguing numerous cases be- bench, and I will decide every case based on to the American people to provide a fore the very Court to which we seek to the record, according to the rule of law, timely up-or-down vote. confirm him today. Further, he had an without fear or favor, to the best of my abil- I commend my colleagues on the re- active practice in appellate law. ity, and I will remember that it’s my job to spectful hearings and expeditious proc- call balls and strikes, and not to pitch or ess. The Ginsburg Standard was applied I guess what we look for in the men bat. to Judge Roberts fair, respectful hear- and women we like to see on the coun- We learned that Judge Roberts sub- ings; no prejudging of cases likely to try’s highest Court is pretty much scribes to ‘‘the bedrock principle of come before the court; and a timely, found in all the qualifications of Judge treating people on the basis of merit up-or-down vote. Roberts. He had worked in the private without regard to race or sex.’’ His be- With consultations on the next nomi- sector. He also worked in the White lief in these principles is echoed in nee already well under way, and an an- House under President Ronald Reagan praise from several women’s and mi- nouncement imminent, I am hopeful as Associate Counsel. In addition, he nority groups. that my colleagues will apply the same earned a highly prestigious clerkship The Minority Business Round Table standards. on the Supreme Court for Chief Justice says ‘‘his appointment to the U.S. Su- Judges are not politicians. The Sen- William Rehnquist—that in 1980 and preme Court would certainly uphold ate debate should reflect that the job 1981. Then he was nominated by this our core American values of freedom, of a judge is to review cases impar- President and went before the Judici- equality and fairness.’’ tially, not to advocate issues. Judges ary Committee. The Independent Women’s Forum ap- should be evaluated on their qualifica- We watched those hearings with a plauds Judge Roberts as a ‘‘very well tions, judicial philosophy, and respect great deal of interest. I speak not as a qualified candidate with a reputation for the rule of law. member of that committee or even as of being a strict interpreter of the law I am confident that President Bush an attorney, but what we heard more rather than someone who legislates will send forth a highly qualified nomi- than anything else—and this is impor- from the bench.’’ nee to replace Justice O’Connor, and I tant to my State of Montana—is that We learned that Judge Roberts recog- am hopeful that my colleagues will we will have a qualified, fair, and com- nizes the limitations on the govern- continue to build on the spirit of bipar- petent Supreme Court Justice. That is ment’s taking of private property and tisanship witnessed during this con- important. When questioned on all of the role of the legislature in drawing firmation process. those qualifications, fairness, and com- lines that the Court should not. The In conclusion, I cannot imagine a petence, no one challenged any part of Court in Kelo permitted the transfer of better qualified candidate than Judge those elements. In this respect, Judge property from one private party to an- Roberts to lead this nation’s highest Roberts earned the ‘‘well qualified’’ other private party to satisfy the Con- Court into the 21st century. I believe rating from the American Bar Associa- stitution’s ‘‘public use’’ requirement, his rhetoric matches his actions. tion, which is the highest rating that essentially erasing this fundamental On behalf of the citizens of Colorado, association offers. There was no chal- protection from its text. Judge Roberts I thank Judge Roberts for his willing- lenge there. says the Kelo decision ‘‘leaves the ball ness to serve our country. I am hopeful He continually impressed my col- in the court of the legislature. . . . that the fair and respectful hearings leagues in the Senate by showing his [Congress] and legislative bodies in the accorded to him by this body will serve immense knowledge of the law while States are protectors of the people’s to inspire the best and the brightest of reflecting his vast understanding of the rights as well. . . . [Y]ou can protect future generations to make similar rule of law and the importance of them in situations where the Court has sacrifices in the name of public service. precedent. There was no challenge determined, as it did 5–4 in Kelo, that I strongly urge my colleagues to cast there. they are not going to draw that line.’’ a vote in favor of Judge John G. Rob- We learned that Judge Roberts will erts’ confirmation as the 17th Chief What becomes important is that we rely on domestic precedent to interpret Justice of the United States. know that our Supreme Court Justices the U.S. Constitution, not foreign law. The PRESIDING OFFICER. The Sen- understand their duty is to interpret Judge Roberts said, ‘‘as a general mat- ator from Montana. the law as it is reflected in the cases ter . . . a couple of things . . . cause Mr. BURNS. Madam President, after that come before them and refrain concern on my part about the use of listening to my friend from Colorado from personal biases and from legis- foreign law as precedent . . . . The first and my good friend from South Caro- lating or putting their biases into has to do with democratic theory. . . If lina, and then to look at the statement those cases. we’re relying on a decision from a Ger- that I have, it appears we are all say- He impressed me when he said that man judge about what our Constitution ing about the same thing, but we just he wanted to be the umpire. He didn’t means, no President accountable to the all haven’t had the opportunity to say want to be the pitcher or the batter; he people appointed that judge, and no it yet. I will try to put a little different just wants to call the balls and the Senate accountable to the people con- slant on it. strikes. I appreciate that. I spent a lot firmed that judge, and yet he’s playing We know the qualifications of this of years on a football field, and I was a role in shaping a law that binds the man, Judge Roberts. He has consist- one of those who wore the striped shirt. people in this country.’’ ently shown me excellence in all as- When I look back on that game, maybe Given his keen intellect, impar- pects of his previous academic and his our judiciary should be a little bit like tiality, temperament, sound legal judg- professional career. He is widely this great American sports feature of ment, and integrity, it is not sur- thought of as one of the best legal football. When you think about it, 4 old prising that Judge Roberts enjoyed bi- minds in the country, is highly re- referees—some of them overweight

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They do it in 30 seconds, plained: row, this Chamber will, I anticipate, and they do it without very many com- As a judge I have no agenda, I have a guide with a strong bipartisan vote, exercise plaints. Thus the discipline of the in the Constitution and the laws that are its constitutional right of giving con- game: 22 young men in armor and dead precedents to the court, and those are what sent to the nomination of John Roberts set on winning the contest. I apply with an open mind after fully and to serve as the next Chief Justice of Throughout his hearings before the fairly considering the arguments and assess- the United States. Judiciary Committee, Judge Roberts ing the considered views of my colleagues on I am privileged to know the nominee proved over and over that he under- the bench. by virtue of the fact that we both, at stands the role of the judiciary as an I am not sure if it is the job to really different times in our careers, served in interpreter and not a legislator and draw a consensus when you have nine a very prestigious and revered law firm why it is important to our govern- men and women who have strong views in our Nation’s Capital, the law firm of mental system that our judges across of the law and the Constitution and Hogan & Hartson. When I joined the America refrain from overstepping maybe would interpret them in many firm approximately forty-five years their duties. The law is the law. Yes, it different ways, but what this man has ago, Nelson T. Hartson was very active can be a subject of interpretation, but shown us is strong character, integrity, in Hogan & Hartson. I had the good for- look how simple our Constitution is. It and his immense knowledge of the law. tune of being one of his aides-de-camp. doesn’t use very many big words. They Uphold the Constitution, which pro- Mr. Hartson’s philosophy and his are very simple. There is a lot of dif- tects us all—and we have heard a lot standard of ethics permeated that law ference between the word ‘‘may’’ and about that lately. People who are firm then, as they still do today. the word ‘‘shall,’’ and you can interpret maybe short of patience would come up As a consequence of our mutual af- them. to us and ask, What is taking Iraq so filiation with Hogan & Hartson, I was He explained his judicial style during long to get a constitution? I said, You privileged to be asked by Judge Rob- his hearings by saying: know, it took almost 3 years to put erts to introduce him when he was I prefer to be known as a modest judge . . . ours together. nominated by the President to serve on It means an appreciation that the role of the I still question: If we had had tele- the United States Court of Appeals for judge is limited, that a judge is to decide the vision and news channels, spin cases before them. . . . the District of Columbia Circuit. In the meisters, commentators, and reporters 2 years he served on that court, he es- They are not to change it or use their who seemed to inject their bias every tablished an extraordinarily fine biases to execute a judgment. That is now and again into the news, I am not record. pretty important. real sure we would have a Constitution When you look at his private life, the I was privileged to once again intro- yet. duce Judge Roberts to the Judiciary values of how he has progressed in his This man has shown us he has all the professional life, how he has carried Committee some two weeks ago at the qualifications to be a judge, especially himself and what is personally impor- start of his confirmation hearing to a judge on the highest Court in the Na- tant to him—family, being a good hus- serve in this highest of positions in our tion. band, a provider—we see all of those land. On behalf of my constituents in Mon- values that we Americans hold in very I would simply say this: As I have tana, and from all that I can read and high esteem. come to know this magnificent indi- Then we move it over into now what all the information I can gather, I vidual, he is, in my judgment, an un- kind of a judge will he be. He was ques- strongly urge my colleagues to join me pretentious legal intellectual. I say tioned on a lot of social issues that the in voting aye on Judge Roberts as that because he is a man of simplicity courts have no business even consid- Chief Justice of the United States. in habits. He has a lovely family. He ering. That falls on us, the elected rep- When the premise was wrong, he has a marvelous reputation among col- resentatives of America, and our con- wasn’t afraid to challenge the premise. leagues in the legal profession who are stituency. What their values are should That is unique when coming before any both Democrats and Republicans and be reflected here. Yet what I heard was kind of a committee in a legislative conservatives and liberals. He is ad- questions on human rights. body. That is what impressed me. The mired by all. In that capacity, as an It is a wonderful thing, this Constitu- premise is assumed instead of factual. unpretentious legal intellectual, he is, tion we have. The Constitution was not That is the importance to all of us in my judgment, a rare if not an endan- written for groups, it was written for when making judgments that affect so gered species here in America for his you as the individual. It is your per- many of us in our daily lives. personal habits and extraordinary in- sonal Bill of Rights and how we struc- I thank the Chair. I yield the floor, tellect and for the manner he conducts ture our Government and the role of and I suggest the absence of a quorum. himself every day of his life. each one of those equal entities and The PRESIDING OFFICER (Mr. In fact, in the 27 years I have been how they relate and interact with each COBURN). The clerk will call the roll. privileged to serve in the Senate, other—the executive, the judicial, and The assistant legislative clerk pro- slightly more than 2,000 judicial nomi- the legislative. ceeded to call the roll. nations have been submitted by a se- It is important to me and the people Mr. WARNER. Mr. President, I ask ries of Presidents to the Senate for I represent that we have judges on the unanimous consent that the order for ‘‘advice and consent.’’ John Roberts bench who will not prejudge cases. He the quorum call be rescinded. stands at the top, among the finest. may have a bias one way or the other, The PRESIDING OFFICER. Without I commend our President on making but what does the law say as it per- objection, it is so ordered. such an outstanding nomination—a tains to me as an individual citizen? Mr. WARNER. Mr. President, it is, nomination which will receive strong This judge made his own commitment indeed, a privilege for me to—— bipartisan support in the Senate. to listening, to hearing both sides of The PRESIDING OFFICER. Will the Just 4 months ago, with the judicial the case, and is committed to a fair Senator abstain for a moment. confirmation process stalled in the and reasonable outcome, whether the Under the previous order, the time Senate, and with the Senate on the judge personally likes or dislikes the from 1 to 2 p.m. is under the control of brink of considering the so-called nu- eventual results. His approach to the the Democratic side. clear or constitutional option, there law, simply put, is one of restraint. He Mr. WARNER. That is correct. I see was an aura of doubt, at the time, that is shown not to be an ideologue with an one of my distinguished colleagues ris- any Supreme Court nominee would re- intent of imposing his views or his bi- ing to be the floor manager of this pe- ceive a vote reflecting bipartisan sup- ases on the law. riod of time, but he very courteously port.

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE S10548 CONGRESSIONAL RECORD — SENATE September 28, 2005 But on May 23, 2005, 14 U.S. Senators, In my view, the Senate was given a by voice vote. Another 15 of those of which I was one, committed them- meaningful opportunity to provide its nominees, including seven current selves, in writing, to support our Sen- advice to the President, and the Presi- members of the U.S. Supreme Court, ate leadership in facilitating the Sen- dent respected the Senate’s views when received the consent of the Senate by ate’s constitutional responsibility of he nominated John Roberts. Soon, the more than 60 votes. In fact, only three providing ‘‘advice and consent’’ in ac- Senate will provide its consent to that nominees to the Supreme Court over cordance with article II, section 2. nomination. the course of the last 50 years have In crafting our Memorandum of Un- John Roberts’ credentials are well- failed to receive the consent of the derstanding, the Gang of 14 started and known and of the highest quality. Senate. ended every discussion with the Con- He earned a B.A., summa cum laude, Chief Justice Rehnquist was constitution. We discussed how, without from Harvard College and his law de- firmed to the Court as an Associate question, our Framers put the word gree, magna cum laude, from Harvard Justice in 1971 with 68 votes in support, ‘‘advice’’ in our Constitution for a rea- Law School. At Harvard Law School, and later confirmed as Chief Justice son: to ensure consultation between a he served as managing editor of the with 65 votes. John Paul Stevens re- President and the Senate prior to the Harvard Law Review. Subsequent to ceived the consent of the Senate 98 to forwarding of a nominee to the Senate graduation, Mr. Roberts worked as a 0. Justice O’Connor, Justice Scalia, and for consideration. Federal law clerk for Judge Friendly Justice Kennedy were all confirmed by Accordingly, in the Gang of 14’s on the U.S. Court of Appeals for the the Senate unanimously. Justice Memorandum of Understanding, Sen- second Circuit, and later as a law clerk Souter was confirmed via a vote of 90 ator BYRD and I incorporated language for Justice William Rehnquist on the to 9. Justice Ginsburg was confirmed that spoke directly to the Founding Supreme Court. He has worked in the by a vote of 96 to 3. And Justice Breyer Fathers’ explicit use of the word ‘‘ad- Department of Justice, the Reagan ad- received the Senate’s consent by a vote vice.’’ That bipartisan accord reads as ministration, the George H.W. Bush ad- of 87 to 9. follows: ministration, and he practiced law for Like all of these highly qualified We believe that, under Article II, Section many years in private practice. Americans who came before him seek- 2, of the United States Constitution, the But while John Roberts’ legal creden- ing Senate confirmation to the Su- word ‘‘Advice’’ speaks to consultation be- tials are unquestionably impressive, preme Court, John Roberts has earned, tween the Senate and the President with re- over a lifetime, the strong vote of bi- gard to the use of the President’s power to equally important is the type of person that he is. Throughout his legal career, partisan support he is about to receive. make nominations. We encourage the Execu- Mr. President, I will yield the floor tive branch of government to consult with both in public service, private practice, members of the Senate, both Democratic and and through his pro bono work, John to my distinguished colleague at this Republican, prior to submitting a judicial Roberts has worked with and against time who will be the manager of this nomination to the Senate for consideration. hundreds of attorneys. Those attorneys period. I say to my colleague, thank Such a return to the early practices of our who know him well typically speak you for participating in the Gang of 14, government may well serve to reduce the as we have become known. Perhaps in with one voice when they tell you that rancor that unfortunately accompanies the the course of our remarks today we can dignity, humility, and a sense of fair- advice and consent process in the Senate. talk about the mission, the challenge ness are hallmarks of John Roberts. With respect to the nomination be- of that group, and how, in my humble fore us today, I believe that the Presi- In my view, all of these traits came across to those of us who watched the judgment, we did succeed in enabling dent has met his constitutional obliga- our leadership to once again put in mo- hearings before the Senate Judiciary tions in an exemplary way. tion the Senate’s role in the confirma- Committee. John Roberts unquestion- In my view, that consultation be- tion of those nominated by our Presi- ably demonstrated a mastery of the tween the President and individual dent for the Federal judiciary. Senators laid a foundation for the con- law and a commitment to decide cases I think back when there was a great firmation of John Roberts with bipar- based upon the Constitution and the uncertainty about that process, and tisan support. law of the land, with appropriate re- even some thought of invoking certain The Gang of 14’s Memorandum of Un- spect and deference to prior Supreme rules of the Senate by way of change, derstanding provided a framework that Court precedents. He views his role as and how my distinguished colleague has helped the Senate’s judicial con- one of impartial umpire, rather than as from Nebraska and I stood, with others firmation process. It has enabled the one of ideologue with an agenda. He in that group, and were able to lay a Senate to have six up-or-down votes on testified to all of this under oath. foundation which, I say with a deep judicial nominations and now the Sen- To me, all of these qualities—John sense of humility, may well have con- ate is about to confirm Judge John Roberts’ legal credentials and his tem- tributed to our being here today and Roberts. perament—represent the embodiment casting that historic vote tomorrow. While I thoroughly understand that of a Federal judge, particularly a Chief I yield the floor. President Bush didn’t choose a nomi- Justice of the United States. And, I am The PRESIDING OFFICER. The Sen- nee that some in the Senate might confident that the vast majority of the ator from Nebraska is recognized. have chosen if they were President, millions and millions of Americans Mr. NELSON of Nebraska. Mr. Presi- that is not what the Constitution re- who watched his confirmation hearings dent, I first thank you for the oppor- quires. Indeed, in Federalist Paper No. agree. tunity to speak today. And I say to my 66, Alexander Hamilton makes it clear Indeed, the American Bar Associa- distinguished colleague from Virginia, that it is not the Senate’s job to select tion has given John Roberts its highest it was a pleasure to get to know you a nominee. It is the Senate’s responsi- rating, unanimously finding him ‘‘well better through the Gang of 14 in our ef- bility to provide advice to a President qualified’’ for this position. And just forts to bring about advice and consent on who to nominate and then to grant slightly more than 2 years ago, the with the White House in the nomina- or withhold consent on that nomina- Senate unanimously confirmed him for tion process for the Supreme Court. tion. On the other hand, it is the Presi- a Federal appeals court judgeship by It is always difficult to take either dent’s responsibility, and solely the voice vote. less or more credit than you deserve, President’s responsibility, to nominate Before I conclude my statement in but I think in this situation, by work- individuals to serve on our courts. As support of this outstanding nominee, I ing together, we were able to bring the Hamilton so clearly wrote: would like to highlight a few key facts Senate into fulfilling its obligation to It will be the office of the President to of Senate history and tradition with deal with the confirmation of judicial nominate, and, with the advice and consent respect to Supreme Court nominees. I nominees. It made it possible for us to of the Senate, to appoint. There will, of find these facts particularly illus- be able to have a nomination and a course, be no exertion of choice on the part of the Senate. They may defeat one choice of trative. process that works so well that it will the Executive, and oblige him to make an- Over the last 50 years, America has now result in an up-or-down vote on other; but they cannot themselves choose— seen a total of 27 Supreme Court nomi- Judge Roberts. they can only ratify or reject the choice of nees. Six of those nominees received The Senator from Virginia is right. the President. the unanimous consent of the Senate There were suggestions that we needed

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But by working to- recognizes and points out the Founding decisions, it is very important that gether, we found a solution that I be- Fathers put the word ‘‘advice’’ in the these decisions, which will have a long- lieve in very many ways held on to the Constitution for a specific purpose. As lasting impact on the history of Amer- traditions of the Senate that are good the distinguished Senator from Ne- ica, be based on the most informed con- but also invoked a process that has re- braska said, indeed, our President ful- sent possible. The way you get the sulted now in what we are going to be filled that. But I wanted to acknowl- most informed consent possible is that able to accomplish tomorrow. We were edge Senator BYRD’s very major par- there be a communication and a free able to refuse to engage in extreme ticipation in our group. flow of information between the Presi- partisanship but worked together in The PRESIDING OFFICER. The Sen- dent and the White House and the partnership to develop a compromise. ator from Colorado is recognized. members of the Judiciary Committee We paved the way. We preserved the Mr. SALAZAR. Mr. President, I rise and this body. traditions. And I believe in some re- today to comment with respect to the So I again commend the Senators spects we have also assisted in leading Gang of 14. I join my good friend from from Virginia and West Virginia for to the historic outreach by the White Nebraska and my good friend from Vir- having worked so hard on that long House to an overwhelming number of ginia and my good friend from Arkan- weekend to craft language that became our colleagues for their input under the sas here today in again reminding our- a keystone of this document. advice and consent portion of our selves as a Chamber that the 14 Mem- Finally, I would say that through agreement that we shared with the bers of the U.S. Senate who came to- this process I also became comfortable White House. gether came here to do good. What with Judge Roberts, recognizing that I personally thank the White House they decided to do and we decided to do he is in the mainstream of political for reaching out. The administration in the formation of that agreement was and, more importantly, legal thought has reached out to many of our Mem- to transcend partisan politics to try to of America. I think the Members who bers on several occasions. Most re- find a common purpose for the benefit were part of this group, led by the Sen- cently, I had the pleasure and the of this great institution, the U.S. Sen- ator from Nebraska and the Senator privilege of being contacted for my ate, and for the benefit of our Nation. from West Virginia, are also part of thoughts about the next nominee and I commend the leadership, particu- that mainstream of America. the process that would be used there. larly of our senior members of that Mr. President, I thank my colleagues I think we have also learned not to group of 14 Senators, including the from Virginia and Arkansas and Ne- believe everything we hear about the great Senator from West Virginia, ROB- braska. Senate not being able to accomplish ERT BYRD, who worked closely with the I yield the floor. much, the criticism that Senators are Senator from Virginia, especially on The PRESIDING OFFICER. The Sen- lost in partisanship and deadlock the advice and consent portions. ator from Arkansas is recognized. through the unwillingness of people to All of the members of the group were Mr. PRYOR. Mr. President, one of compromise or be able to work to- very instrumental in putting the com- the things that was surprising to my gether. I believe we disproved that the- promise together. constituents in Arkansas is that I ory with this Gang of 14. I would offer two observations with would actually come to Washington, We have gone through divisive elec- respect to that process and that agree- DC, and join a gang. They sometimes tions. We know America needs to be ment. The first is, it is my hope, as the wonder what we do up here and why we brought together. We do not seek to newest Member of the U.S. Senate, the do it. I am very proud to be part of this further divide ourselves. We need to Senator who still ranks No. 100, that gang, with my 13 colleagues who stood work together. It gave us an oppor- this is a kind of template that can be tall and exercised some of the best tra- tunity to, in many ways, reduce the used as our Nation faces difficult issues ditions and best judgment that Sen- partisan tension that was ripping this in the future. We were able to put aside ators can. One of the lessons we body to the extent that it was difficult partisan politics to get beyond the learned through the Gang of 14 process to get anything done, particularly as it gridlock that had existed in this body and trying to take the nuclear option might have been difficult to get for some period of time. off the table—and also trying to get through the nomination process for the We must be able, as a Chamber to do some up-or-down votes on some more Supreme Court. the same thing with respect to other nominees—is that good things happen So it is a pleasure for me to be here very difficult issues, such as the Fed- when Senators talk to each other. on the floor and a real privilege to be eral deficit or how we engage in the re- I have learned since I have been in associated with my colleague from Vir- covery of the gulf coast or how we deal Washington that we spend a lot of time ginia. We have been joined by other with the issues of health care, because talking about each other and not members of the Gang of 14 who I know my involvement in this group was enough time talking to each other. I have some similar thoughts they would based on the fact that I believe it is our hope this serves as an object lesson. It like to express. responsibility as leaders in our country shows we can work together in this po- Mr. President, I yield the floor. to get about doing the people’s busi- litical environment. The truth is, we The PRESIDING OFFICER. The Sen- ness. What was happening was we had talk about how bad things are, and ator from Virginia is recognized. gotten too involved in this impasse sometimes they do get bad. But basi- Mr. WARNER. Mr. President, if I that had been going on for a very long cally, we are all sent here by our might say, the distinguished Senator time. States. Each State gets two Senators. from Nebraska was a leader among the The second point I wish to make is to Even the two Senators from the same Gang of 14. I say to the Senator, I guess underscore the importance of the ad- State don’t always agree. We don’t you might say you were one of the vice and consent provision of our Con- have to agree. But certainly all 100 of ‘‘Founding Fathers’’ of that group, and stitution. It was Senator BYRD and us should, as the Book of Isaiah says, modesty prevents you from acknowl- Senator WARNER who believed it was reason together. We should come to- edging that leadership. We are joined important to include that provision as gether and put the country first and on the floor by two of our colleagues. I part of the agreement. It was in rec- put others’ interests ahead of our own. purposely scheduled my appearance to ognition there is a joint responsibility We should try to continue to work to- coincide with members of the Gang of between the President of the United gether and build on not just a bipar- 14 whom I am privileged to be with States and the Senate in the appoint- tisan approach but in many ways a today. ment and confirmation of persons to nonpartisan approach where we look at

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Nonetheless, a lot of by a range of views. I don’t think we somebody who is thoughtful and quite people are concerned about the next should have all progressives or all con- exceptional. nomination. I understand that. In some servatives. We need to have people of I know there are groups who feel very ways, and rightfully so, we should be differing views and differing back- strongly on one side or another. There focused on that. My colleagues have grounds to make the Supreme Court are colleagues who have made different touched on it already. But part of the function appropriately. judgments. I respect that. But I believe language Senator WARNER and Senator When Judge Roberts came to my of- Judge Roberts is the kind of nominee BYRD crafted during this agreement— fice, I asked him about his association who deserves our support, and he will we all helped in different ways on this with Judge Friendly. He clerked for have mine. language and had our thoughts incor- Judge Friendly. He is reported to be I thank the Chair and yield the floor. porated in the language, but Senator very impressed by Judge Friendly’s The PRESIDING OFFICER. The Sen- BYRD and Senator WARNER took the service. I asked him what impressed ator from Virginia. lead on the language—is the advice and him about Judge Friendly. He told me Mr. WARNER. Mr. President, I thank consent portion of the agreement. Basi- one of the things that most impressed our distinguished colleague from North cally all we do is encourage the Presi- him is that Judge Friendly did much of Dakota. That was truly a beautiful set dent to take the Constitution literally. his own work. He didn’t just rely on of remarks. It is not just that you indi- When the Constitution says that it clerks to do the work. I also asked him cated that you will cast your vote in shall be with the advice and consent of what else impressed him about Judge support; it was a very thoughtful re- the Senate, we take that literally. We Friendly. flection on a very important responsi- hope the President will seek our ad- He said: You know, you could not tell bility we as Senators have. vice. whether he was a liberal or a conserv- I thank again the Senator from Ne- Supposedly either the President or ative, a Democrat or Republican. All braska, the Senator from Arkansas, the White House reached out to about you could tell from his rulings was the Senator from Colorado. We have 70 of us when we received the John that he had profound respect for the been a team together for some time. I Roberts nomination. That works, and law. am delighted to have had the privilege that is very positive. I hope we see that I thought that was a pretty good an- to be here on the floor with each of again. swer. I went on to ask him: Judge, at them. Some of my constituents in Arkansas the end of your service, how would you In conclusion, I reflect back on, once have asked me: Don’t you have some want to be remembered? again, the Federalist Paper No. 66 in anxiety about John Roberts? Gosh, he He said: I would want to be remem- which Alexander Hamilton said: It will used to work for the Reagan adminis- bered as a good judge, not as a powerful be the office of the President to nomi- tration. There are things in his back- judge but as a good judge. nate and, with the advice and consent ground that various people don’t agree I said to him: What does that mean of the Senate, to appoint. There will, of with. to you, being a good judge? course, be no exertion of choice on the My response is: Certainly, I have anx- He said to me: Listening to both part of the Senate. They may defeat iety about John Roberts. I have anx- sides, putting aside one’s personal prej- one choice of the executive and oblige iety about any nominee that any Presi- udices to rule based on the law. He him to make another, but they cannot dent will nominate to the Supreme said: I have a profound respect for the themselves choose. They can only rat- Court. It is a lifetime appointment. law. ify or reject the choice of the Presi- There is no question about the influ- In the confirmation hearings, we saw dent. ence and the impact that one Supreme Judge Roberts perform brilliantly. His We are on the eve of accepting that Court Justice can have on the Amer- mastery of the law, his judgment, his choice, giving our consent. Again, in ican system of justice and on American demeanor confirmed for me that he is my 27 years in this institution, I can- society. I have anxiety about anybody. someone who deserves my support. not recall a more humble and yet en- I certainly have some about John Rob- Beyond that, I had a chance to talk joyable group I have worked with than erts. But nonetheless, he has the right to Judge Roberts again on the phone these 14 Senators. It had been my hope stuff to be on the Court. last week. I said: Judge, I saw in your that our distinguished colleague from I am proud of the courage my col- confirmation hearings that you said West Virginia could join us today. I leagues showed in the time when it you are not an ideologue. asked him and he said he would if he mattered and we came together and He said: Senator, I can tell you, I do possibly could. But were he here, we worked it out, the Gang of 14. not bring an ideological agenda to the would all stand again and thank him I yield the floor. court. What I bring is a profound re- for his guidance as we worked through The PRESIDING OFFICER. The Sen- spect for the law. this situation. ator from North Dakota. I told him I believed him. I think he I thank my colleague from Nebraska Mr. CONRAD. Mr. President, today I is absolutely conservative. That is not and yield the floor. am announcing my support for Judge disqualifying. I also think he is some- The PRESIDING OFFICER. The Sen- John Roberts to be Chief Justice of the body of extraordinary talent and some- ator from Nebraska. United States. body who will listen to both sides and Mr. NELSON of Nebraska. Mr. Presi- From the beginning, I told the White rule based on the law. He has a healthy dent, I thank my colleague from Vir- House I would like to see a nominee conservatism, believing that the job of ginia for his wise counsel through the that the vast majority of the American a Justice is not to make the law but to process of bringing together 13 other people would say, yes, that is the qual- interpret the law. That is the appro- colleagues to bring about a confirma- ity of person who ought to be on the priate role for a judge in our system. tion process and nomination process Supreme Court. When the nomination He has it right with respect to that that has worked. Now we are on the eve of Judge Roberts was first announced, issue. of this confirmation vote on the 17th my initial impression was that he met I believe Judge Roberts has the po- Chief Justice of the United States. The that test. I had a chance to visit with tential for greatness on the Court. question is, what is next? We also have him personally at some length in my Rarely have I interviewed anyone in another Supreme Court vacancy to fill. office, and I concluded from that visit my 19 years who so impressed me with I hope the President and the White that Judge Roberts is exceptional. Not the way their mind works and their House will continue to reach out and only is he of high intelligence and basic demeanor. I have interviewed seek the advice of our colleagues so we

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He wants to be there are too many Republican Sen- The Judiciary Committee obtained on the Court because he loves the law, ators and too many Democratic Sen- more than 14,000 pages of material in and he wants to be a judge because he ators and not enough United States the public domain. And as if all of that wants to serve the United States of Senators. I can say as the gang of 14 were not enough, the committee ob- America. Those are the right reasons got together, there were less Repub- tained a staggering 82,943 pages of addi- to want to be on the Supreme Court of licans and less Democrats than there tional material from the National Ar- the United States. were United States Senators, anxious chives and both the Reagan and Bush We have had this opinion ratified by to work and bring about a resolution to Libraries regarding Judge Roberts’ the individuals who know him the the judicial impasse, but also to pave service in those administrations. best—by his colleagues on the bar, the way for where we are today and If you total that up, there was more Democrats and Republicans alike, who where we are going to be tomorrow and than 100,000 pages of material on a 50- have overwhelmingly supported his ele- where we are going to be in the next year-old nominee, which amounts to vation to the Supreme Court. I think it confirmation process. 2,000 pages for every year of his life. is very important when you look at ju- I yield the floor. What did all that material reveal? dicial nominees to make certain they The PRESIDING OFFICER. Under Simply put, that Judge Roberts is one have support from people from all parts the previous order, the time from 2 to of the finest nominees ever to come be- of the political spectrum and all parts 3 p.m. will be under the control of the fore the Senate. His professional record of the jurisprudential spectrum. A point I made on other occasions on majority. speaks for itself, but I am going to this floor about judicial nominations is Mr. SUNUNU. Mr. President, I sug- speak about it for a minute. that it is misleading in a way to talk gest the absence of a quorum. He was an excellent student. He grad- about a judicial nominee being in or The PRESIDING OFFICER. The uated from Harvard—I can forgive him out of the mainstream of American ju- clerk will call the roll. that—in only 3 years as an undergrad. risprudence because the truth is, there The bill clerk proceeded to call the I am a University of Chicago lawyer is more than one mainstream. Lawyers roll. myself. He became the top graduate in are divided over which jurisprudential Mr. TALENT. Mr. President, I ask law school and became editor in chief theory ought to guide judges in inter- unanimous consent that the order for of the Harvard Law Review. He served preting statutes and interpreting the the quorum call be rescinded. as clerk for Judge Friendly, who was, Constitution. They may differ as to The PRESIDING OFFICER (Mr. by consensus, one of the greatest cir- theories or constructs, if you will, as SUNUNU). Without objection, it is so or- cuit court judges ever. He served as they approach different parts of the dered. clerk for Chief Justice Rehnquist. He Constitution. Mr. TALENT. Mr. President, I ask went on to become Deputy Solicitor There is not one mainstream, and unanimous consent that the next hour General of the United States. He be- often there is not any one completely under majority control be allocated as came one of the top partners in one of correct answer when you are inter- follows: 15 minutes for Senator TAL- the top law firms in the country and preting a vague provision of the Con- ENT, 10 minutes for Senator VITTER, 15 argued 39 cases before the Supreme stitution. But that does not mean there minutes for Senator THUNE, and 20 Court. In 2003, he was confirmed unani- are no incorrect answers. Just because minutes for Senator BUNNING. mously by this Senate to be a judge on reasonable people looking at the his- The PRESIDING OFFICER. Without the Court of Appeals for the District of tory and the text of the document objection, it is so ordered. Columbia Circuit. might disagree as to what is exactly Mr. TALENT. Mr. President, it is We learned a lot about him as a per- the right answer does not mean there really a privilege for me to spend a few son as well. He embodies the idea of are no wrong answers. minutes visiting with the Senate about being fair, being thoughtful, and being The wrong answer, as Judge Roberts Judge Roberts. He is probably the most capable. He is certainly hard working. said so eloquently and so often in his analyzed and evaluated Supreme Court He is certainly brilliant. He managed testimony, is one that does not respect nominee ever. Based on my study of his his testimony before the Judiciary the rule of law. A wrong answer is one record and my discussions with him— Committee without a note. He is a man that is based on an idea of the judicial which have certainly not been exten- of integrity, he is honest, and he is de- role that allows the judge to do what- sive but have been enough to help me voted to his family. ever he or she thinks they would want get a feel for the man—I believe that Those are the qualities we want in to do if they were in control of the pol- he will turn out to be one of the best the men and women who serve our Na- icy in issue. Whatever their theory of Chief Justices ever. tion on the High Court. They are the interpreting the Constitution is, they We have learned a great deal about kind of qualities that will move Amer- should be consistent in applying it. who he is. We know about his extraor- ica forward and move the judicial They should be circumscribed by their dinary professional accomplishments. branch forward, and more on that in a own jurisprudence. They should have a We have seen the overwhelming bipar- minute or two. standard against which they measure tisan support that he has earned from He has proven beyond any doubt that their decisions, and that standard has his colleagues in the legal profession. he has the qualifications, the tempera- to be other than their own predi- We heard from John Roberts himself on ment, the knowledge, and the under- lections on the underlying issue. the rule of law, on the judicial role, standing to serve as America’s next It is one thing to be ruled, to some and the kind of service he intends to Chief Justice. I was particularly im- extent, by judges. We are talking about provide to the Nation as Chief Justice pressed by the humility he showed officers of the Government. So the de- should the Senate confirm him. through the process. I think it is very cisions have the power of law, and we I said before he is one of the most important that judges have a judicial have always, to some extent and in ap- analyzed and evaluated Supreme Court temperament and, for me, that begins propriate ways, been ruled by judges. It nominees. He spent almost 20 hours be- with the idea of service. is another point to be ruled by judicial fore the Judiciary Committee while When you are a judge, the people who whim. This is the distinction Judge Senators asked him 673 questions. Sen- come before you have to treat you with Roberts made over and over again, for ators then asked him 243 more ques- respect because of your position. You which I think we should all be grateful. tions in writing. And I am sure he should conduct yourself in that posi- Because of his attitude in that re- thought the bar exam was a struggle. tion so they want to treat you with respect, more than 150 Democratic and Judge Roberts provided nearly 3,000 spect, they feel that is owing to you, Republican members of the DC Bar, in- pages to the Judiciary Committee, in- not just because of your office but be- cluding well-known Democrats such as

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The PRESIDING OFFICER. Under est possible rating. As Steve Tober, the There is room there for that, but al- the previous order, the Senator from chairman of the ABA Standing Com- ways according to the rule of law, not South Dakota is recognized for 15 min- mittee on the Federal Judiciary, ex- according to a desire to make the case utes. or make the result be a particular plained: Judge Roberts has the admira- Mr. THUNE. Mr. President, I rise thing, or to make Americans live the tion and respect of his colleagues on today to voice my strong support for and off the bench, and he is, as we have way the judge wants them to live, rather than the way they have chosen to the nomination of Judge John G. Rob- found, the very definition of collegial. erts to be Chief Justice of the United This is another quality that I hope and live in the decisions they make about States. This is a historic moment, Mr. believe Judge Roberts will bring to the their own lives or the decisions they President, as many of my colleagues role of Chief Justice. I think he can op- make through their representatives. I have already noted. This moment erate in that Court in a way that pulls think Judge Roberts understands that. marks only the 17th time in the his- the Justices together where their con- He understands that is a judicial role tory of our Republic that the U.S. Sen- victions honestly allow them to be with which we can all live. ate has considered a nominee to be pulled together. It is one thing to dis- He clerked for Judge Henry Friendly. Chief Just1ce. agree when you have strongly different Another great court of appeals judge— opinions on the jurisprudential matters he had an interesting name—was As one of the Senate’s newest Mem- before the Court; it is another to dis- Learned Hand. If I had met his parents, bers, it is a great privilege for me to agree because over time you have be- I would have asked them why they participate in this process. To have had come part of one faction or you have called him Learned Hand, but they did. only 16 individuals lead the judicial become alienated or estranged on some Judge Hand said one time, and he was branch of government in our history il- other grounds from some of the other referring to the same thing Judge Rob- lustrates the most important char- Justices. erts was referring to about the rule of acteristic of the judicial branch, and That is not good, and I believe, just law: I would not choose to be governed that characteristic is lifetime tenure. my gut opinion after talking with him by a bevy of platonic guardians even if I believe the guiding question for and watching him is that this is a per- I knew how to choose them, which I each of us in determining a nominee’s son who can lower the temperature on most assuredly do not. fitness for this post should be whether the Court, who can shed light rather The first right, the first birthright of the person is dedicated to applying the than just heat on many of the issues every American, is to participate Constitution to every case considered that are before the Court. through the representative process in by the Court, and not adding to or Mr. President, how much time do I their own governance. The first and changing the Constitution’s text to have remaining? most basic right is the right to govern suit his or her own personal policy The PRESIDING OFFICER. The Sen- yourself through the processes set up preferences. ator has 6 minutes remaining of the 15 in our Constitution. And it is not out I was pleased to have met privately minutes allocated. of a desire to avoid difficult decisions with Judge Roberts just yesterday. I Mr. TALENT. I did not want my elo- but out of a respect for that right that came away from that meeting even quence to outstrip the time I had avail- Judge Roberts talked about the rule of more convinced that this man has the able, Mr. President, so thank you for law. He manifested in those hearings a ability and temperament necessary to that. confidence that I think we should all lead the Supreme Court. I believe We have heard a lot from Judge Rob- reflect on in the judgment and the de- Judge Roberts is dedicated to the rule erts himself, and maybe it is good for cency of the American people. It is OK, of law and the principle of judicial re- me to close by quoting some of what he whether your views about social policy straint, and most importantly, will not has said about the judicial function. I are on the rightwing or whether they substitute his own policy preferences are on the leftwing, whether they are thought he did an excellent job of ex- for those of the elected representatives someplace in the middle, it is OK basi- plaining to people what the judicial in the executive and legislative cally to leave the development of our role is. Of course, to explain something branches of our government. clearly you have to, to some extent, culture and our society to the wisdom The Supreme Court gets the last oversimplify it, and he admitted the and the decency of the American peo- word on some of the most challenging times he was doing that. ple. The center will hold. The people He talked about the judge being the will move us in an orderly and decent and divisive issues of our day. Because umpire, and somebody else basically direction as they have for 200 years. We Federal judges and justices have life- writes the rules. The judge is the um- don’t need to be ruled by platonic time tenure, we must ensure that those pire. Believe me, that gives plenty of guardians or dictators, whether they who populate Federal bench are people discretion and authority to the judge are in the form of judges or anybody of strong character and high intellect, to develop the law in one direction or else. There is plenty of scope, in the with a passionate commitment to ap- another but to develop it within the Senate, on the other end of Pennsyl- plying the law as it is written, rather constraints of an objective rule of law. vania Avenue, and in the Supreme than legislating from the bench. Judge Roberts said about this: Court building as well, for the exercise Judges and justices must say what If the people who framed our Constitution of individual leadership and appro- the law is, not what they believe it were jealous of their freedom and liberty, priate discretion to try to move the should be. That is the job of the Con- they would not have sat around and said, people in a direction that we think is gress. That is what the authors of the ‘‘Let’s take all the hard issues and give them appropriate, with their consent. But Constitution intended. over to the judges.’’ That would have been there is no reason to feel out of some I believe Judge Roberts’ career em- the farthest thing from their mind. Now fit of desperation or panic that courts bodies these principles. As Judge Rob- judges have to decide hard questions when erts stated during his hearing, judges they come up in the context of a particular or anybody else have to make the case. That is their obligation. But they have American people do something they are like umpires, and umpires don’t to decide those questions according to the have not chosen the orderly processes make the rules, they apply them. I do rule of law, not their own social preferences, to do. That is what Judge Roberts not believe Judge Roberts will engage not their policy views, not their personal meant when he was talking about the in the judicial activism that we have preferences, but according to the rule of law. rule of law. witnessed on the Supreme Court and That leaves room for Supreme Court That is why I believe, because of that the lower Federal courts in the past Justices, for the rule of law, to include and also his professional qualifications, few decades.

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE September 28, 2005 CONGRESSIONAL RECORD — SENATE S10553 Even in the recent past, we have wit- Clearly, some on the Supreme Court that it is. I would remind my col- nessed several instances of judicial ac- are substituting the policy preferences leagues on the other side of the aisle tivism. Judicial activism manifests of democratically elected representa- that they have sworn to uphold the itself when justices detect ‘‘penumbras, tives with their own. This is judicial Constitution through their representa- formed by emanations’’ in the Con- activism at its worst. tion in this body, not to thwart its institution, as Justice Douglas did in the As we near the completion and extent or reshape its application to suit case of Griswold v. Connecticut—in pected confirmation of Judge Roberts, the nattering liberal elite and their other words, judges who rely on their I want to take a moment and look special interest groups. I implore my personal views rather than the Con- ahead as the President will soon make Democratic colleagues not to blindly stitution when deciding matters of another nomination to the Supreme abuse the filibuster. These threats are great importance. Court. It is important that the nomi- symptomatic of the breakdown of the We have seen what damage the Su- nee to replace Justice O’Connor share nomination process, and they must preme Court is able to do when it is Judge Roberts’ commitment to judicial stop. composed of individuals who are not restraint and dedication to the rule of The process by which justices and committed to judicial restraint. In- law. It is important because the Su- judges are nominated and confined has stead of acting as umpires and applying preme Court will be considering several degenerated to a point where ideolog- the law, some on the Supreme Court cases in the near future that may have ical litmus tests are too often applied and the Federal bench are pitching and far-reaching consequences. and nominees are torn apart by per- batting. The Supreme Court will probably sonal attacks. The most recent example came in the consider the Pledge of Allegiance case The nomination process should not case of Kelo v. City of New London, de- that was recently decided in the Ninth be brought down to the level of per- cided just this past June. As you know, Circuit at the district court level. In sonal attacks on the nominee or fish- Mr. President, the Constitution says that case, the district court held that ing expeditions into the nominee’s po- the government cannot take private the words ‘‘under God’’ in the Pledge of litical allegiances. I believe there is a Allegiance violate the establishment property for public use without just lot of room for improvement in the clause of the first amendment. How- compensation. However, in the Kelo process, and I hope to see such im- ever, in the Fourth Circuit, the appel- case, the Supreme Court emptied any provement as we consider the next late court came to the opposite hold- meaning from the phrase ‘‘for public nominee. ing—that the Pledge of Allegiance did use’’ in the fifth amendment. One ideological litmus test I am not violate the establishment clause. In Kelo, the Supreme Court held that hearing about a lot these days is that Where there are conflicting holdings in a city government’s decision to take the Supreme Court must somehow the lower courts, the Supreme Court private homes for the purpose of eco- maintain its ‘‘balance.’’ Where in the must become the final authority on the nomic development satisfies the ‘‘pub- Constitution does it say that a certain matter, and it is important that Judge lic use’’ requirement of the fifth balance must be maintained on the Su- Roberts and individuals who share his amendment. This case makes private preme Court? According to the Con- approach are on the court to confront property vulnerable to being taken and stitution, the President is entitled to this issue. transferred to another private owner, During the next term, the Supreme nominate the individuals he desires to so long as the government’s purpose for Court will also consider a case about a have on the courts, and we in the Sen- the taking is deemed ‘‘economic devel- State’s parental notification law and ate must determine whether the nomi- opment.’’ possibly a case about partial-birth nee is fit and qualified. There should be While I understand that many of the abortion. Again, these are instances no ideological litmus test for nomi- principles reflected in the Constitution where the Supreme Court will have the nees. If a nominee is fit and qualified, are written broadly, and sometimes last word on one of the most divisive he or she should be confirmed. can be subjected to conflicting inter- moral issues of our time. It is critical I believe Judge Roberts is eminently pretations, I think we can all agree that those who confront these cases are fit and qualified to serve as the next that the Supreme Court cannot be add- deferential to the elected branches of Chief Justice. I will proudly cast my ing or deleting text from the Constitu- our government, exercise restraint, and vote for him, and I urge my colleagues tion. Yet that is what happened in the follow the law. to do the same. Kelo case. The majority effectively de- After our confirmation vote tomor- Thank you, Mr. President. I yield the leted an inconvenient clause in the row on Judge Roberts, the President remainder of my time. fifth amendment. will forward his nominee to fill the The PRESIDING OFFICER. Under The Supreme Court is also engaging seat vacated by Justice O’Connor. It the previous order, the Senator from in a troubling pattern of relying upon will then become our duty in the Sen- Louisiana is recognized for 10 minutes. international authorities to support its ate to provide our advice and consent Mr. VITTER. I thank the Chair. interpretations of the laws of the on that nomination. It is a responsi- The PRESIDING OFFICER. Under United States. In Atkins v. Virginia, bility that we should all take very seri- the previous order, the Senator from the Court cited the disapproval of the ously. The manner in which we handle Louisiana is recognized for 10 minutes. ‘‘world community’’ as authority for that nomination will say a lot about Mr. VITTER. I thank the Chair. its decision. In Lawrence v. Texas, the the Senate as an institution. I, too, rise in strong support of the Court cited a decision by the European I read in today’s edition of the Wash- nomination of John Roberts to be Chief Court of Human Rights as authority ington Post that several of our Demo- Justice of the U.S. Supreme Court. I do for that decision. Most recently, in cratic colleagues, as well as the Demo- that for two reasons, two equally im- Roper v. Simmons, the Court cited the cratic National Committee chairman, portant reasons. One is the strong qual- U.N. Convention on the Rights of the are already threatening to filibuster ification and background of Judge Rob- Child—a treaty never ratified by the the next nominee to the Supreme erts. But the second and perhaps just United States—as authority for that Court. It is shocking to me that they as important or even more important decision. are threatening a filibuster of the next is the fact that this nomination and Article II, section 2 of the Constitu- nominee before they even know who this confirmation process I believe has tion requires two-thirds of the Senate the nominee is going to be. They are gotten us back as a Senate, as a coun- to ratify a treaty. Democratically even threatening to filibuster possible try to the process that the Founders elected Members of the Senate, ac- nominees who were just confirmed to intended and the sort of values and the countable to the people, have refused the appellate courts and explicitly in- sort of qualifications, the sort of judg- to ratify the U.N. Convention on the cluded in the Memorandum of Under- ment by the Senate that the Founders Rights of the Child. standing that seven Democrats and intended. Unfortunately the Supreme Court seven Republicans signed onto last We are finally remembering that it is chose to ignore this fact and based May. the President’s prerogative to nomi- their judgment in part on a treaty That is wrong and the American peo- nate qualified persons to fill judicial never ratified by the United States. ple will see it for the blind partisanship vacancies, and in the past the Senate

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE S10554 CONGRESSIONAL RECORD — SENATE September 28, 2005 has accorded great deference to the the sort who will legislate from the be proud to vote yes for Judge John President’s selection. Justice Ginsburg bench. His judicial philosophy is based Roberts to be the next Chief Justice of was overwhelmingly confirmed 42 days on the rule of law and on respect for the U.S. Supreme Court. after her nomination. Justice O’Connor the Constitution. Just as proudly, just as fervently, I was overwhelmingly confirmed 33 days Let’s think about what he said in his will argue and fight to make sure that after her nomination. So we are return- own words. This is what he said on Sep- where we are today is where we remain ing to that determination of the Presi- tember 12 at his confirmation hearing: in terms of future nominations and fu- dent’s prerogative. [A] certain humility should characterize ture confirmations; that we all remem- The White House is to be commended the judicial role. Judges and justices are ber that we are talking about an um- for engaging in unprecedented con- servants of the law, not the other way pire to enforce the rules of the game, sultation with respect to this nominee. around. Judges are like umpires. Umpires not a player—not a batter we like or a So we are also returning to a very ro- don’t make the rules, they apply them. The fielder we prefer but the umpire to en- role of an umpire and a judge is critical. bust and full and healthy consultation They make sure everybody plays by the rules force the rules as written. process. I understand that the Bush ad- but it is a limited role. Nobody ever went to I yield the floor. ministration consulted with more than the ball game to see the umpire.’’ The PRESIDING OFFICER. Under 70 Senators on the Roberts nomination, He also said on the same occasion: the previous order, the Senator from countless conversations and phone . . . I come before the committee with no Kentucky is recognized for 20 minutes. calls and meetings and now is a strong agenda, I have no platform. Judges are not Mr. BUNNING. Mr. President, I rise part of our tradition which we are cer- politicians who can promise to do certain in strong support of John Roberts to be tainly returning to. things in exchange for votes. I have no agen- the next Chief Justice of the U.S. Su- Moreover, few would disagree that da. But I do have a commitment. If I am con- preme Court. Confirmation of a Su- President Bush could not have nomi- firmed, I will confront every case with an preme Court Justice, particularly the nated a more qualified person for this open mind. I will fully and fairly analyze the Chief Justice, is one of the most impor- position. John Roberts has an impres- legal arguments that are presented. I will be tant duties we have in the Senate. I open to the considered views of my col- hope we can put politics and partisan- sive academic background, a distin- leagues on the bench, and I will decide every guished career in Government service, case based on the record, according to the ship aside and swiftly confirm him. private practice, and as a Federal rule of law, without fear or favor, to the best Earlier this year, we found ourselves judge. of my ability, and I will remember it is my in an unprecedented position. The So we are also returning to that fine job to call balls and strikes, and not to pitch Democratic minority decided to use tradition that actual qualifications or bat. Senate rules to block judicial nomi- matter. It is not all about ideology and That, first and foremost, is the tradi- nees. The minority tried to take away political positions but qualifications, tion we are getting back to with this the power of nomination that the Con- judicial temperament, those sorts of confirmation. I sincerely hope that it stitution gives the President. But important considerations matter, first is a tradition in which we remain President Bush was solidly reelected and foremost. grounded. Let’s remember again the last fall, and during the campaign he Certainly, Judge Roberts has those. lessons of this nomination and this stressed the type of judges he would He graduated summa cum laude from confirmation. Let’s remember that it is nominate—those who respect the law Harvard college, my alma mater. He the President’s prerogative to nomi- and the Constitution and who will not also graduated from Harvard Law nate qualified persons to the bench. legislate from the bench. school, magna cum laude. I guess he Let’s remember that the Senate does The American people knew what they couldn’t get into Tulane Law School, have an important consultative role were getting when they reelected as I did, but I congratulate him on his and let’s all encourage the President to President Bush. President Bush kept accomplishments at Harvard. After perform that consultation in a full and his word. His judicial nominees have graduation, he law clerked for Judge robust fashion, as he did with Judge been highly qualified and worthy of Henry Friendly on the U.S. Court of Roberts. Let’s remember that quali- confirmation. The minority’s obstruc- Appeals for the Second Circuit and fications—smarts, academic creden- tionism ended earlier this year, or at then for William Rehnquist on the U.S. tials, practice history—are very impor- least for now. Many on the left want to Supreme Court. tant when you are talking about a judi- see a filibuster against John Roberts, Judge Roberts enjoyed a distin- cial nominee. And let’s all remember, but I have no doubt that John Roberts guished career as a public servant in first and foremost, that judges are um- will be confirmed soon. Our job is to many different positions during the pires, they are not the players in the determine the qualifications of the Reagan administration and became a baseball game. That is the crucial dis- nominees. Then we should vote to ap- partner at a major and highly re- tinction that I think we have lost over prove or oppose them. Anything else is spected law firm in Washington, DC, the past several decades and that we to disregard the oath we took when we where he acquired the reputation as are finally trying to pull back to. joined the Senate. one of the finest Supreme Court advo- It is very important for us as a body Our job is not to oppose nominees be- cates in the country. In fact, he argued to remember that lesson of this nomi- cause we think their views are dif- an impressive 39 cases before the Su- nation of this confirmation as we move ferent from ours. We should not oppose preme Court. Of course, as we all know, on. As we move on, I do think that is nominees to keep our political base Judge Roberts was appointed in 2002 by the most important open question. As happy. Regardless of all the excuses, President Bush for the U.S. Court of the previous speaker mentioned, al- nominees deserve a vote. That is it. Appeals for the District of Columbia ready certain Democrats in this body John Roberts is extremely qualified Circuit—those sort of mainstream are threatening a filibuster without to serve on the Supreme Court, and he qualifications. having the foggiest notion who the is as qualified to be Chief Justice. He Academic, practice, smarts, judicial next nominee to the U.S. Supreme is, no doubt, one of the most qualified temperament—all are certainly very Court may be. Already they are threat- nominees to come before the Senate important. But I think the single most ening a filibuster of circuit court nomi- since I have been here. He is a brilliant important factor which qualifies Judge nees who have basically been agreed to legal scholar, an accomplished attor- Roberts for this esteemed position is in terms of no filibuster in the Senate. ney, and a fine judge. I will strongly his appropriate view of what it means That would move us dramatically in support him. to be a judge, his appropriate view of the opposite direction from the one I I do not need to spend too much time the limited role of the judiciary and have spoken about. That would turn restating John Roberts’ qualifications. what that means in our system of gov- the clock back. That would move us 180 They have been stated. He graduated ernment. degrees and point us again in that with honors from Harvard college and He has said, frankly and refreshingly, wrong direction. its law school. He clerked in the Sec- in a straightforward way, that judges I will be proud to join with other ond Circuit Court of Appeals and for should not place ideology above Members of this body tomorrow for Chief Justice Rehnquist when he was thoughtful legal reasoning. He is not this historic confirmation vote. I will an Associate Supreme Court Justice.

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He argued an un- But I believe Judge Roberts will exer- tain way in order to gain votes. precedented 39 cases before the Su- cise restraint and encourage the Fed- They would also have to make prom- preme Court. Now he is a judge on the eral court system to do the same. ises to the President in order to get DC Circuit Court of Appeals, where he Many of my colleagues are frustrated nominated. has been since we confirmed him over Judge Roberts not revealing his Judges must be selected based on unanimously in 2003. views on public policy. their qualifications. His resume is not what convinces me As Chief Justice, Judge Roberts is I have not asked Judge Roberts about that he will be a fine Chief Justice. not going to act like a Senator. He will his personal political views. I have not What is clear is that John Roberts re- not let his personal views influence his asked him about his legal views. I do spects the law and Constitution and decision and rulings. not need to know how he will rule in a will be faithful to the proper role of a The complaints of some of my col- certain particular case—because I judge. In his confirmation hearings, leagues led me to believe that they did know his approach to the law—and Judge Roberts used an example to ex- not understand the role our Founding that is all I need to know. plain the proper role of a judge. It has Fathers intended for the courts. Con- John Roberts will lead by example been stated before. He said a judge is gress is the policymaking branch of and earn the respect of the other Jus- like an umpire, not a player or a coach. government. The President and the ad- tices and the American public. He will And similar to an umpire, a judge ap- ministration enforce the laws. And the also be joined on the Court by another plies the rules to the situation at hand. courts act as neutral decisionmakers new Justice. An umpire doesn’t rewrite the rules or when disputes arise. I trust President Bush will choose enforce what he thinks the rules ought But my colleagues know this. another highly qualified nominee to re- to be. And so I fear they see the courts as a place retiring Justice Sandra Day I know a little bit about umpires. I political arm to implement their lib- O’Connor. have dealt with them, and all types of eral policy agenda. If the new nominee is in a similar them, for years. Some are liberal and To them—the Supreme Court is a mold and has the same respect for the some conservative with the strike super legislature. But that is not what rule of law, then I will be glad to sup- zone. Some were unpredictable and our Framers envisioned. And that is port the next nominee. made the strike zone up as the game not how Judge Roberts will use his po- I have seen comments from some of went along. The worst umpires decided sition as Chief Justice. my Democrat colleagues that they will the outcome of the game by playing fa- The left turns to the courts to im- filibuster certain nominees. That is vorites or enforcing their own version pose their agenda because they cannot most unfortunate. And it could bring of the rules. The best umpires applied advance it through elections. They us back to the point where we were the rules as written in the rule book cannot pass their laws through Con- earlier this year. and let the rules and the players dic- gress or legislatures. They cannot even I hope and pray the minority does tate the outcome of the game. get elected by running on their liberal not do this. As Judge Roberts said, that is how policies. So they must use the courts But make no mistake about it. We judges should act. The law, and not to impose their agenda. will ensure that the next nominee re- judges, should decide the outcome of What is that agenda? ceives fair treatment in the Senate and Unlimited abortion on-demand; ban- the cases. The rules of the game, the gets a vote. ning schoolchildren from saying the writing of the laws is done by Congress. I thank President Bush for keeping Pledge of Allegiance; banishing the The President implements and enforces his promise to nominate outstanding Ten Commandments from public the laws, the judiciary settles disputes individuals to our courts. places; rewriting the definition of mar- by applying laws and the Constitution. I thank Chairman SPECTER for ush- riage; and banning arms for self-de- Judges are not lawmakers as umpires ering this nomination swiftly through fense. his Judiciary Committee. are not players. If umpires want to be That agenda does not sell with Amer- And I thank John Roberts for his players, that umpire should quit and ica or in Congress. join a team. If a judge wants to write So the last great hope for liberals is service to our country. laws, he should run for Congress. the judicial bench. And that is why I vow very strongly to vote for him We have seen courts try to replace they oppose nominees who do not agree when his vote comes up tomorrow. I yield the floor. Congress and legislatures. Social issues to their liberal activist agenda. have been taken out of the political The only thing stopping the rewrit- Mr. SESSIONS. Mr. President, I process and decided by unelected ing of our Constitution are judges that would like to express my agreement judges. The voice of the people has too will support the rule of law. with the Senator from Kentucky. He often been ignored. Activism of a few John Roberts is one such judge. He stated the case very clearly for the judges threatens our judicial system. will not write new laws from the bench. proper role for a judge. I know he faced If judges keep exercising powers not As Chief Justice, he will set an exam- many an umpire in his Hall of Fame granted to them, the public and its ple for the court system to follow the baseball career. But he knows when servants may tune out the courts and same principles. they make the call, they are stuck ignore them altogether. That would be Many Senators have expressed frus- with it, and he has every right to ex- bad and we would all suffer. I think tration at not knowing Judge Roberts’ pect that that umpire is going to make Judge Roberts sees that danger. As political views. I do not know his views the call not based on whether they Chief Justice, he will protect the Con- either. favor one team or another or one side stitution and reputation of the courts. I have not asked him. And I will not or another but what the rules of the At his confirmation hearing, Judge ask him. game are. Roberts recognized the damage of an They do not matter. I trust him not I think that metaphor Judge Roberts activist judiciary. Their activism un- to let his political beliefs influence his utilized as he talked about the role of dermines the authority and respect decisions. a judge is an apt one. needed to overturn truly unconstitu- During his hearing, Judge Roberts I saw Senator BURNS here. He used to tional actions. Courts must not be ac- rightly declined to answer how he be a football referee. I wanted to ask tivists and settle public policy dis- would rule in specific cases. him: Senator BURNS, if you thought putes. Judge Roberts also sees that The current Supreme Court Justices that the holding call was a little bit in- danger, and I trust he will work hard to also declined to answer similar ques- advertent and it wasn’t too a bad a keep the Court within its boundaries tions. holding call but the penalty called for

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE S10556 CONGRESSIONAL RECORD — SENATE September 28, 2005 15 yards, should the referee be free to Mr. Chairman, I come before this com- He said this: impose 10 yards because they think mittee with no agenda. I have no platform. I do not have an overarching judicial phi- that might be more fair? No. Of course, Neither the President nor Members losophy that I bring to every case, and I not. Those are the basic principles of of our side of the aisle are asking any think that’s true. I tend to look at the cases rules. nominee to impose our political agenda from the bottom up rather than the top I am pleased that we have a nominee on this country. I would never do that. down. And like I think all good judges focus a lot on the FACTS. We talk about the law, who I think understands it. That is not the role of a judge. But nei- Activism is a concern of the Amer- and that’s a great interest for all of us, but ther do I think the judge ought to be I think most cases turn on the facts, so you ican people. It is something that opposing any agenda. And I certainly do have to know those, you have to know the should concern all of us because it rep- am offended when they oppose the record. resents a movement by unelected, life- agenda which I don’t agree with, which In other words, we were asking him time-appointed judges to impose policy I think is the province of the legisla- to blithely make his views known on decisions and values on the American tive branches. Judge Roberts under- how he would rule on this case or that people. If it is required by the Con- stands that. case. By the time it gets to the Su- stitution, that is their job. If it is not Then he goes on: preme Court of the United States there required and not a part of the Constitu- That’s a paraphrase, but the phrase, calm- has been a full trial and maybe hun- tion, they should not be engaged in ly poise the scales of Justice if, if anything, dreds, maybe thousands of pages of those kinds of issues. the motto of the court on which I now sit. transcript and records. There are facts The high point I think of activism That would be the guiding principle for me that underlie the dispute, and it is only was when two Supreme Court Justices whether I am back on that court or a dif- after the facts are asserted that a judge in every death penalty case declared ferent one, because some factors may be dif- needs to be making a decision about that they dissented and they would op- ferent, the issues may be different, the de- pose all death penalty cases in the mands may be different, but the Bill of the outcome of a case. Rights remains the same. And the obligation Judges apply the facts to the legal United States because they believed of a court to protect those basis liberties in requirements of the situation, and only the Constitutional prohibition on cruel times of peace and in times of war, in times then make a decision. He refused to and unusual punishment prohibited the of stress and in times of calm, that doesn’t make opinions on cases that may come death penalty. That might sound plau- change. before him. Of course, he should not sible. But the Constitution itself has What a beautiful statement. make opinions on that. He has not half a dozen references to capital Another: studied the record, the transcript, crimes. That means crimes for which Like most people, I resist the labels. I have talked with the other judges, read the you may take somebody’s life. It has told people when pressed that I prefer to be briefs, or heard the oral arguments of references to not being able to take life known as a modest judge, and to me that counsel. He should not be up there without due process of law. Obviously, means some of the things that you talked making opinions on the cases. That is you could take life with due process of about in those other labels. It means an ap- so obvious. He was pushed, pushed, and law. And when the Constitution was preciation that the role of the judge is limited, that a judge is to decide the cases be- pushed to do that and criticized for not written, every single State, every sin- fore them, they’re not to legislate, they’re doing so. That is the rule of the law: Do gle Colony, members of the Confed- not to execute the laws. not make a decision until you know eracy, had the death penalty, and they Another: the facts and the law. did when the Constitution was written. I will say this: We have had a tuto- So it is obviously the judges’ decision I don’t think the courts should have a dom- inant role in society and stressing society’s rial on the rule of law under the Amer- that they didn’t like the death penalty. problems. It is their job to say what the law ican system. We have had a classroom They declared it was unenlightened is. exercise beyond anything any Member public policy involving a standard of Isn’t that correct? could ask for on the role of a judge in decency and all of that, and that justi- But the Court has to appreciate that the the American system. It was a beau- fied their opinion. But that wasn’t so, reason they have that authority is because tiful thing. I am pleased to see many of was it? Because State after State has they’re interpreting the law, they’re not my colleagues on the other side of the maintained the death penalty. Many making policy, and to the extent they go be- aisle have seen fit now to announce have enacted death penalties after they yond their confined limits and make policy they intend to support Judge Roberts. eliminated the death penalty. or execute the law, they lose their legit- It is not what the American people imacy, and I think that calls into question That is the right thing. I am confident, rejected, in fact, and would never have the authority they will need when it’s nec- also, the President will submit another been rejected by the members of the essary to act in the face of unconstitutional nominee, just like he promised, who action. legislatures of all the States. will be consistent with the same phi- They tried to say the Constitution That is a brilliant statement. losophy of Judge Roberts—one who prohibited any State from having a If a court consistently abuses its does not seek to impose any political death penalty. power, does not remain faithful to the agenda, liberal or conservative, on the That is an extreme abrogation of Constitution, at some point it may American people, but will simply con- power, and it is something we should have to take a very unpopular stand to sider the facts, consider the arguments be concerned about. truly and rightfully defend the Con- of counsel, and decide the case before What did Judge Roberts say? stitution against congressional Presi- them. I see my chairman, Senator SPECTER, dential overreaching. That is what we have a right to ask who has done such a great job in mov- Will they have the credibility to do and to insist on to preserve the rule of ing this nomination forward. I want to so? Not so, perhaps, if they have squan- law in this country, which, more than speak long and will yield the floor to dered it by improper legislation for any other country in the world, reveres him. I had my opportunity to make a many years that has undermined pub- and respects and venerates law and few remarks earlier. lic confidence in the Court. order. But I think it is important for us to That is exactly what he is saying—a I yield the floor. listen to the eloquent, beautifully re- beautiful statement. The PRESIDING OFFICER. The Sen- peated—I am going to touch on a few of If you believe in our Constitution, if ator from Pennsylvania. his statements—but the repeated state- you believe in the laws to protect our Mr. SPECTER. Mr. President, before ments of Judge Roberts in different liberties and that laid the foundations the distinguished Senator from Ala- ways that affirm so clearly that he for our prosperity, one must believe bama yields the floor, I thank and com- knows what the role of the judge is in that we have to enforce the Constitu- pliment him for his comments and for the American legal system. I picked tion, even if you might not agree with his work on the Judiciary Committee. out a few. some part of it. He has been steadfast in his participa- It is that rule of law that protects the He was asked, ‘‘Are you an tion in all matters but especially with rights and liberties of all Americans. It is originalist? Are you a strict construc- the nomination proceedings as to the envy of the world, because without the tionist? What label do you put on your- Judge Roberts. It ought to be noted for rule of law any rights are meaningless. self, Judge?’’ the record.

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE September 28, 2005 CONGRESSIONAL RECORD — SENATE S10557 Mr. President, Senator DOMENICI was Among those 18 Senators are some was like. But I think it goes a little too here seeking an opportunity to speak. I veterans of the Senate whose creden- far when the so-called political activ- ask unanimous consent he be tials cannot be challenged as progres- ists are raising these objections out of sequenced following my speech. sive, as liberal, as forward-thinking purely partisan motivations. One activ- The PRESIDING OFFICER (Mr. MAR- Senators. ist was quoted in this story as saying TINEZ). Without objection, it is so or- I will quote from just a few of the that Democrats must vote against dered. comments which they have made. Sen- Judge Roberts, otherwise ‘‘we will not Mr. SPECTER. Mr. President, I have ator LEAHY was the first among the win an election.’’ sought recognition today to comment Democrats to speak out in favor of the The political process, I submit, goes on a story which is in the Washington nomination of Judge Roberts to be only so far. And as foreign policy de- Post today captioned ‘‘Filibuster Chief Justice. As the ranking member, bate stops at the water’s edge, at least Showdown Looms in the Senate: Demo- I sat next to him during the entire pro- it used to traditionally, I think that crats Prepare For Next Court Pick.’’ ceeding. I can attest firsthand the con- extreme partisanship stops at the con- I suggest it is in the national interest scientious way Senator LEAHY ap- sideration of a nominee for the Su- that there be a lowering of the decibel proached this nomination. It was not a preme Court of the United States. That level of the partisan rhetoric. There is matter of our discussing the merits. It is a line at which party loyalties ought no doubt that the process for the nomi- was not a matter of my trying to per- to end and there ought to be independ- nation, hearings, and confirmation of a suade him. ence. That is the confluence of the Supreme Court nominee is part of the I have served with Senator LEAHY for three branches of Government where, political process. I further suggest par- 25 years, and many years before that, as we all know under our Constitution, tisanship has its limits. back in 1969 when I was the host at the the President nominates, where the The partisanship which is dem- National District Attorney’s Associa- Senate conducts proceedings and con- onstrated in this report by the Wash- tion Convention in Philadelphia, I was firms or rejects, and where the nomi- ington Post today seems to me to be Philadelphia’s D.A., and Pat Leahy, a nee, if confirmed, if approved, then flagrant, extreme partisanship, fla- young prosecutor from Burlington, VT, takes a seat on the Supreme Court. grantly excessive partisanship, really was the prosecuting attorney in his ju- That is a line in the administration of out of bounds and out of the main- risdiction. I could see him struggle justice in the United States where par- stream. with the nomination as a matter of tisanship, rank, extreme partisanship The core objection raised by certain conscience. He came to the conclusion ought to end. Democratic political activists as out- that was where his conscience led. The so-called political activists are lined in the Washington Post story is I identified with his courageous move blunt in what they had to say. Their frustration among party activists who in the committee. It is not easy to go concern is ‘‘restoring enthusiasm think their elected leaders did not put against the party line, and Senator among the rank and file on the left.’’ up a serious fight against Judge Rob- LEAHY was prepared to do that. I suggest there is a higher calling on erts. His statement was a very thoughtful selecting a nominee for the Supreme I was present as chairman of the statement, as Senator LEAHY is accus- Court, and especially for a Chief Jus- committee during the entire pro- tomed to be: He commented exten- tice, which transcends appeal to exceeding. I can state it was a very vig- sively on Judge Roberts’ reliance on tremes at one end of the political spec- orous fight. It is not necessary to have the Raich decision, moving away from trum or the other. ARLEN SPECTER’s characterization of Lopez and Morris on the commerce This kind of comment, I believe, is it. The record speaks for itself. We had clause. He comments extensively on only going to inspire corollary com- experienced Senators on the Democrat the precedence of Roe and Planned Par- ment from the other end of the polit- side of the aisle who questioned Judge enthood v. Casey and forcefully on a ical spectrum. We simply do not need Roberts very closely and who came to number of occasions regarding the rec- it. I sensed, and have commented pub- the conclusion they would vote no, ognition to the right to privacy em- licly on, a lot of frustration bubbling which they did in the committee pro- bodied in Griswold v. Connecticut. just below the surface in the Roberts ceedings. Senator KENNEDY, who can Senator LEAHY commented about the nomination hearings. I am concerned doubt his tenacity? Senator BIDEN, who assurances which he accepted from about the next nomination. We are can doubt his sincerity? And Senator Judge Roberts about taking the mold looking at a replacement for Justice FEINSTEIN questioned eloquently in of Justice Jackson, moving away from O’Connor, who was a swing vote. I have many directions. Senator SCHUMER was being a partisan in the administration stated both publicly and privately my on top of all of the issues not only in as Attorney General to being an impar- hope we will find someone in the mold three rounds of questioning which we tial judge. of Judge Roberts. had, 30 minutes and then 20 minutes There is much more, but the record The statements which were made by and then 30 more minutes, but in the of what Senator LEAHY has said speaks Senator LEAHY, by Senator LEVIN, by submission of written questions. And for itself. Senator DODD, by Senator FEINGOLD, Senator DURBIN, the assistant minority In addition to Senator LEAHY, there and others all focused on the approach leader, spoke and all voted against are other very well established Sen- of Judge Roberts to modesty and sta- Judge Roberts because that was their ators on the other side of the aisle, im- bility. And it was more than the words conclusion. peccable standing in the liberal com- he uttered, it was the way he con- But who can say they didn’t put up a munity. Senator LEVIN spoke in favor ducted himself. It was the way he strong and tough fight? That is an in- of Judge Roberts; Senator DODD spoke spoke about the cases when he an- sult to those dedicated Senators tend- in favor of Judge Roberts for Chief Jus- swered the questions and when he did ing to their business to say they did tice; Senator FEINGOLD in the com- not answer questions. I spoke at length not put up a professional fight. mittee; Senator LIEBERMAN. I have al- earlier, on Monday, about questions There are at this moment some 18 an- ready enumerated the Senators. which I thought he should have announced or reported Senators on the So when there are some so-called swered but he did not answer. But that Democrat side who are going to vote in Democrat political activists who speak is the nominee’s prerogative. And then favor of the Roberts nomination: Sen- up and are critical, as they were of the Senator’s prerogative is to make a ator BAUCUS, Senator BINGAMAN, Sen- Senator LEAHY after he made the open- decision on how the Senator is going to ator BYRD, Senator CONRAD, Senator ing declaration, first of the Democrats vote. But when you talk about a fili- DODD, Senator DORGAN, Senator FEIN- to speak—we are all subject to com- buster, this body was at the risk of a GOLD, Senator JOHNSON, Senator KOHL, ment and we are all subject to criti- virtual civil war, with the Democrats Senator LANDRIEU, Senator LEAHY, cism, but I was taken a little aback by filibustering and with Republicans Senator LEVIN, Senator LIEBERMAN, the criticism which came to Senator threatening to exercise the constitu- Senator NELSON of Nebraska, Senator LEAHY after he made his declaration. I tional or nuclear option. I took the NELSON of Florida, Senator PRYOR, have been the object of such substan- floor earlier this year on several occa- Senator SALAZAR, and Senator WYDEN. tial criticism myself, so I know what it sions to urge an independent stand. I

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE S10558 CONGRESSIONAL RECORD — SENATE September 28, 2005 heard so many Democrats say they did the selection of the next Supreme worked with him. I shall vote to con- not like the idea of a filibuster and I Court Justice. firm Judge Roberts as the 17th Chief heard so many Republicans say they In the absence of any Senator seek- Justice of the U.S. Supreme Court. I did not like the idea of the constitu- ing recognition, Mr. President, I sug- urge all of my colleagues in the Senate tional or nuclear option, but Demo- gest the absence of a quorum. to do the same. crats felt constrained to the filibuster The PRESIDING OFFICER. The I ask unanimous consent that the and Republicans felt constrained to the clerk will call the roll. letter I mentioned be printed in the nuclear or constitutional option. The legislative clerk proceeded to RECORD. I urged my colleagues to take an call the roll. There being no objection, the mate- independent stand, that when you Mr. STEVENS. Mr. President, I ask rial was ordered to be printed in the talked about the long-range composi- unanimous consent that the order for RECORD, as follows: tion and the long-range approach of the the quorum call be rescinded. DECEMBER 18, 2002. institution of the Senate, it was more The PRESIDING OFFICER. Without Re Judicial Nomination of John G. Roberts, important than the passions of the mo- objection, it is so ordered. Jr. to the United States Court of Appeals for the District of Columbia Circuit. ment. I went into some detail and Mr. STEVENS. Mr. President, is it quoted how the Senate saved judicial proper now to speak on the nomination Hon. TOM DASCHLE, Hon. ORRIN HATCH, independence in the impeachment pro- of Judge Roberts? The PRESIDING OFFICER. Yes, it is Hon. PATRICK LEAHY, ceedings of Supreme Court Justice Hon. TRENT LOTT, Chase in 1805 and 1806 and how the U.S. in order. U.S. Senate, Washington, DC. Senate saved the independence of Pres- The President pro tempore is recog- DEAR SENATORS DASCHLE, HATCH, LEAHY, idential prerogatives in the impeach- nized. AND LOTT: The undersigned are all members ment proceeding of President Andrew Mr. STEVENS. Mr. President, having of the Bar of the District of Columbia and Johnson. The Congress had passed a lived and studied alongside one of the are writing in support of the nomination of John G. Roberts, Jr., to serve as a federal law saying there had to be consent by greatest legal minds of my generation, I believe Judge Roberts’ capability and court of appeals judge on the United States the Senate for the President to remove Court of Appeals for the District of Columbia a Cabinet officer. Secretary of War knowledge of the law is superior to any of his generation. When I was at Har- Circuit. Although, as individuals, we reflect Stanton bolted himself in his office. He a wide spectrum of political party affiliation would not leave. Because President vard Law School, my roommate was H. and ideology, we are united in our belief that Johnson would not tolerate that kind Reed Baldwin. He had abilities quite John Roberts will be an outstanding federal of usurpation of Presidential power, he similar to those of John Roberts. He court of appeals judge and should be con- was impeached. In this Chamber, he was the top of our class, No. 1, and on firmed by the United States Senate. He is one of the very best and most highly re- was saved. The Senate saved him. the Harvard Law Review. He was what I call a Renaissance man. He could spected appellate lawyers in the nation, with When you talk about the institutions a deserved reputation as a brilliant writer of the Senate, we do not need outsiders handle almost any subject. Unfortu- nately, he suffered an untimely death; and oral advocate. He is also a wonderful telling us when to filibuster. We do not professional colleague both because of his need outsiders and political activists otherwise, he might have once been in enormous skills and because of his unques- on either side telling us when to fili- the same place John Roberts is today. tioned integrity and fair-mindedness. In buster or when to exercise the con- During the Judiciary Committee’s short, John Roberts represents the best of stitutional option. We were elected. hearings, Juneau Mayor Bruce Botelho the bar and, we have no doubt, would be a su- testified in support of Judge Roberts’ perb federal court of appeals judge. They were not. Thank you. When you have men of the stature of nomination. Bruce, whom I know well, was Attorney General for the State of Sincerely, Senator LEAHY and Senator DODD and Donald B. Ayer, Jones, Day, Reavis & Senator LIEBERMAN taking a position, Alaska from 1994 through 2002. He em- Pogue; Louis R. Cohen, Wilmer, Cutler those positions ought to be respected. ployed John Roberts to represent our & Pickering; Lloyd N. Cutler, Wilmer, When you have hard-fighting Senators State before the Supreme Court on a Cutler & Pickering; C. Boyden Gray, such as KENNEDY and BIDEN and SCHU- wide range of issues, including the Wilmer, Cutler & Pickering; Maureen MER fighting a nomination and voting Venetie case involving Indian country Mahoney, Latham & Watkins; Carter no, their positions ought to be re- claims and cases related to submerged Phillips, Sidley, Austin, Brown & Wood; E. Barrett Prettyman, Jr., spected. lands issues, natural resource matters, and the Alaska Statehood Act. As a Hogan & Hartson; George J. So I hope as to this headline in the Terwilliger III, White and Case; E. Ed- Post about ‘‘Filibuster Showdown matter of fact, I met with Judge Rob- ward Bruce, Covington & Burling; Wil- Looms in Senate,’’ it is the last time erts then and have met with him since. liam Coleman, O’Melveny & Myers; we will hear the word ‘‘filibuster’’ and He has a brilliant legal mind. Kenneth Geller, Mayer, Brown, Rowe & that we will have a nominee who will I am not alone in that opinion. Judge Mawt; Mark Levy, Howrey, Simon, Ar- command respect, that we will have an Roberts has been to our State many nold & White; John E. Nolan, Steptoe & orderly, dignified proceeding in the Ju- times, and he has won the respect of Johnson; John H. Pickering, Wilmer, diciary Committee in another round of Alaskans who hold a wide range of po- Cutler & Pickering; Allen R. Snyder, Hogan & Hartson; Seth Waxman, Wil- hearings, and that we will acquit our- litical beliefs and opinions. Judge Roberts also won the respect mer, Cutler & Pickering; Jeanne S. Ar- selves with distinction. chibald, Hogan & Hartson; Jeannette L. At a time when the Congress is under of the bar association of the District of Austin, Mayer, Brown, Rowe & Mawt; a very heavy fire on all sides for so Columbia, of which I am a member. In James C. Bailey, Steptoe & Johnson; many items—or the response to the 2002, when Judge Roberts was nomi- Stewart Baker, Steptoe & Johnson. hurricane and for the highway bill and nated to serve as a Federal court of ap- James T. Banks, Hogan & Hartson; Amy for spending and for a lack of offsets— peals judge on the U.S. Court of Ap- Coney Barrett, Notre Dame Law I have heard many comments that the peals for the District of Columbia Cir- School; Michael J. Barta, Baker, Botts; Kenneth C. Bass, III, Sterne, Kessler, Senate has acquitted itself very well cuit, more than 150 Members of the DC bar sent a letter to the Judiciary Com- Goldstein & Fox; Richard K. A. Becker, throughout the entire confirmation Hogan & Hartson; Joseph C. Bell, process, not just what was done in the mittee of the Senate supporting his Hogan & Hartson; Brigida Benitez, Wil- Judiciary Committee, but what has nomination. I know many of the bar mer, Cutler & Pickering; Douglas L. been done on the floor of the Senate, members who signed this letter. They Beresford, Hogan & Hartson; Edward and what will be concluded tomorrow are a distinguished and bipartisan Berlin, Swidler, Berlin, Shereff, Fried- when the full body votes. group of lawyers, law professors, and man; Elizabeth Beske (Member, Bar of So we do not need outsiders telling public servants. I think they said it the State of California); Patricia A. us how to conduct our business. They best: Brannan, Hogan & Hartson; Don O. Burley, Finnegan, Henderson, Farabow, John Roberts represents the best of the can make their suggestions. They have Garrett & Dunner; Raymond S. bar. freedom of speech. But it ought to be Calamaro, Hogan & Hartson; George U. within bounds. This sort of extreme, I agree with their opinion and the Carneal, Hogan & Hartson; Michael excessive partisanship has no place in opinion of many Alaskans who have Carvin, Jones, Day, Reavis & Pogue;

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Pender, Hogan & Hartson; ess, which means I have heard what ering; Grant Dixon, Kirkland & Ellis; John Edward Porter, Hogan and each of those eight justices said, and I Edward C. DuMont, Wilmer, Cutler & Hartson (former Member of Congress); have seen what qualifications they Pickering; Donald R. Dunner, Finnegan Philip D. Porter, Hogan & Hartson; came before the Senate with. Henderson Farabow Garrett & Dunner; Patrick M. Raher, Hogan & Hartson; Based upon my previous experiences, Thomas J. Eastment, Baker Botts; Laurence Robbins, Robbins, Russell, it is almost as if Judge Roberts were Claude S. Eley, Hogan & Hartson; E. Englert, Orseck & Untereiner; Peter A. destined to be a Supreme Court Jus- Tazewell Ellett, Hogan & Hartson; Roy Rohrbach, Hogan & Hartson; James J. tice. As I have listened to him, read T. Englert, Jr., Robbins, Russell, Rosenhauer, Hogan & Hartson. Englert, Orseck & Untereiner; Mark L. what he has written, reviewed his Richard T. Rossier, McLeod, Watkinson background, and watched his conduct Evans, Kellogg, Huber, Hansen, Todd & & Miller; Charles Rothfeld, Mayer, Evans; Frank Fahrenkopf, Hogan & Brown, Rowe & Maw; David J. Saylor, before the Judiciary Committee, it has Hartson; Michele C. Farquhar, Hogan & Hogan & Hartson; Patrick J. Schiltz, become clear to me that he exemplifies Hartson; H. Bartow Farr, Farr & Associate Dean and St. Thomas More many great qualities. When I look at Taranto; Jonathan J. Frankel, Wilmer, Chair in Law, University of St. Thomas him in comparison with nominees of Cutler & Pickering; Johnathan S. School of Law; Jay Alan Sekulow, the past, considering those men and Franklin, Hogan & Hartson; David Chief Counsel, American Center for women that I have previously voted Frederick, Kellogg, Huber, Hansen, Law & Justice; Kannon K. Todd & Evans; Richard W. Garnett, for, it has become clear to me that he Shanmugam, Kirkland & Ellis; Jeffrey was born to serve his nation on our Notre Dame Law School; H.P. Gold- K. Shapiro, Hogan & Hartson; Richard field, Vice Chairman, Stonebridge highest court. S. Silverman, Hogan & Hartson; Sam- Frankly, in all deference to the International; Tom Goldstein, Gold- uel M. Sipe, Jr., Steptoe & Johnson; stein & Howe; Griffith L. Green, Sidley, Luke Sobota, Wilmer, Cutler & Pick- judges I have voted for heretofore, I Austin, Brown & Wood; Jonathan ering; Peter Spivak, Hogan & Hartson; have never been more confident that Hacker, O’Melveny & Myers. Jolanta Sterbenz, Hogan & Hartson; the President picked the right person Martin J. Hahn, Hogan & Hartson; Jo- Kara F. Stoll, Finnegan, Henderson, for the right job at the right time as I seph M. Hassett, Hogan & Hartson; Farabow, Garrett & Dunner; Silvija A. am today. Kenneth J. Hautman, Hogan & Strikis, Kellogg, Huber, Hansen, Todd If there is a perfect judge that can be Hartson; David J. Hensler, Hogan & & Evans; Clifford D. Stromberg, Hogan Hartson; Patrick F. Hofer, Hogan & visualized based upon all of the judges & Hartson. Hartson; William Michael House, I have seen, listened to, read about, Mary Anne Sullivan, Hogan & Hartson; Hogan and Hartson; Janet Holt, Hogan and voted for, this man seems to me to Richard G. Taranto, Farr & Taranto; & Hartson; Robert Hoyt, Wilmer, Cut- John Thorne, Deputy General Counsel, be extremely close to such a picture. ler & Pickering; A. Stephen Hut, Jr., Verizon Communications Inc. & Lec- He will be a judge for whom I will be Wilmer, Cutler & Pickering; Lester S. turer, Columbia Law School; Helen extremely proud to have voted for. Hyman, Swidler & Berlin; Sten A. Jen- Trilling, Hogan & Hartson; Rebecca K. Many people have described the mes- sen, Hogan & Hartson; Erika Z. Jones, Troth, Washington College of Law, sage I am trying to convey about Judge Mayer, Brown, Rowe & Maw; Jay T. American University; Eric Von Salzen, Jorgensen, Sidley Austin Brown & Roberts in different ways, and there Wood; John C. Keeney, Jr., Hogan & Hogan & Hartson; Christine Varney, have been some excellent analyses of Hartson; Michael K. Kellogg, Kellogg, Hogan & Hartson; Ann Morgan his qualifications. The largest news- Huber, Hansen, Todd & Evans; Nevin J. Vickery, Hogan & Hartson; Donald B. paper in my home state of New Mexico Kelly, Hogan & Hartson; J. Hovey Verrilli, Jr., Jenner & Block; J. Warren wrote: ‘‘In addition to his encyclopedic Gorrell, Jr., Chairman, Hogan & Kemp, Hogan & Hartson; David A. fluency in constitutional law and the Kikel, Hogan & Hartson; R. Scott Kil- Hartson; John B. Watkins, Wilmer, Cutler & Pickering; Robert N. Weiner, flesh and blood history behind it, Rob- gore, Wilmer, Cutler & Pickering; Mi- erts exhibited a fine quality for a Chief chael L. Kidney, Hogan & Hartson; Arnold & Porter; Robert A. Welp, Duncan S. Klinedinst, Hogan & Hogan & Hartson; Douglas P. Wheeler, Justice: collegiality. Justices, like Hartson; Robert Klonoff, Jones, Day Duke University School of Law; Chris- Senators, disagree. Roberts showed he Reavis & Pogue. topher J. Wright, Harris, Wiltshire & can disagree without disrespect, leav- Jody Manier Kris, Wilmer, Cutler & Grannis; Clayton Yeutter, Hogan & ing open the door to work toward con- Pickering; Chris Landau, Kirkland & Hartson (former Secretary of Agri- sensus. If Democrats cannot accept Ellis; Philip C. Larson, Hogan & culture); Paul J. Zidlicky, Sidley Aus- Roberts, is there any suitable Repub- tin Brown & Wood. Hartson; Richard J. Lazarus, George- lican nominee?’’ town University Law Center; Thomas Mr. STEVENS. I yield the floor. I appreciate those words from the Al- B. Leary, Commissioner, Federal Trade The PRESIDING OFFICER. The Sen- buquerque Journal, and I agree with Commission; Darryl S. Lew, White & ator from New Mexico. the question they raise. Democrats Case; Lewis E. Leibowitz, Hogan & Mr. DOMENICI. Is it appropriate now Hartson; Kevin J. Lipson. Hogan & who want a Democratic nominee who Hartson; Robert A. Long, Covington & for the Senator from New Mexico to fits their mold and agrees with their Burling; C. Kevin Marshall, Sidley Aus- speak? positions will have to wait until there tin Brown & Wood; Stephanie A. Martz, The PRESIDING OFFICER. It is ap- is another Democratic President for Mayer, Brown, Rowe & Maw; Warren propriate. such a nominee to come before the Sen- Maruyama, Hogan & Hartson; George Mr. DOMENICI. Is there a time ate. That is the way it has always been, W. Mayo, Jr., Hogan & Hartson; Mark limit? and my friends from the other side of E. Maze, Hogan & Hartson; Mark S. The PRESIDING OFFICER. There is the aisle cannot expect a Republican McConnell, Hogan & Hartson; Janet L. none. President to nominate an individual McDavid, Hogan & Hartson; Thomas L. Mr. DOMENICI. I thank the Chair. McGovern III, Hogan & Hartson; A. who will carry their beliefs onto the Douglas Melamed, Wilmer, Cutler & Mr. President, it is, indeed, a privi- court. Such a belief is not consistent Pickering; Martin Michaelson, Hogan lege to come to the Senate Chamber to with history or with tradition. & Hartson; Evan Miller, Hogan & speak on behalf of such a distinguished I will close by saying that I have Hartson. nominee for Chief Justice of the Su- great confidence that in 5 years, God George W. Miller, Hogan & Hartson; Wil- preme Court. I have a unique perspec- willing, in 10 years, God willing, I can liam L. Monts III, Hogan & Hartson; tive on Judge Roberts because I prac- look back at Judge Roberts’ perform- Stanley J. Brown, Hogan & Hartson; ticed law for 16 years before I came to ance as our Chief Justice and say: I was Jeff Munk, Hogan & Hartson; Glen D. the Senate, during which time I got to Nager, Jones Day Reavis & Pogue; Wil- right in how I analyzed what he has liam L. Neff, Hogan & Hartson; J. Pat- meet and try cases, and read opinions been, what he is today, and what he rick Nevins, Hogan & Hartson; David by many judges. I have also been here will be as a Supreme Court Justice. I Newmann, Hogan & Hartson; Karol Lyn for 33 years, during which time I have don’t think I will be surprised or let Newman, Hogan & Hartson; Keith A. had the luxury and privilege of hearing down.

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE S10560 CONGRESSIONAL RECORD — SENATE September 28, 2005 And I know, looking back at nomi- cational background is great. He has Then comes along the problems with nees for whom I voted, that such is not been a White House Counsel, so he the disasters on the gulf coast. Both of an ordinary expectation. Some judges knows how that works. He has been a those events, of course, have given us for whom I voted did not turn out to be Deputy Solicitor General, so he knows special needs for spending, and we have what I expected. But I am quite con- how that aspect of it works, too. And had to spend. It is right to spend when fident that Judge Roberts will not be he is a circuit judge, so he has a back- we have emergencies that arise of that anything but the great judge I expect ground as a judge. I believe that is very nature, but then we find ourselves in as I look back on his tenure in the en- important. the position of, what do we do about suing years. I am very impressed, I am very this excessive spending and how do we I congratulate the Judge on his nom- pleased, and I am very proud to be a handle it? ination. I hope he will remain loyal to part of voting for him. I think the vote I see it as the same thing we under- what he has said and the way he has will be strong. take in our families. If an emergency said it when he pledged what he wanted I shared with Judge Roberts a few happens in the family, you have to to be and what he would be. I wish him areas about which I am concerned. I handle it. You have to find some way the very best because if he is success- did not ask his opinion on them, but to deal with that emergency. At the ful, it will be good for America. His rather in the State I am from, Wyo- same time, your family activities go on success in this job is correlated with ming, we are very concerned about and you have to take care of those. good relationships under our Constitu- venue shopping. We are very concerned Then you have to decide: How can I tion between the great powers of the about the idea of people filing suit or make some changes in my economic executive, legislative, and judicial going to the proper district court or situation to deal with this excessive branches. area to get one that is sympathetic. spending because of an emergency. I yield the floor and thank the Sen- That is not the way it ought to be. The That is where we are now. We are ate for listening. Federal court that deals with the issue talking about all kinds of ways. I hope The PRESIDING OFFICER. The Sen- from an event in our history has to be we take enough time to deal with these ator from Wyoming is recognized. in that history, and I wanted to share situations on the gulf coast and give Mr. THOMAS. Mr. President, I appre- that with Judge Roberts. the help those people need. That is the ciate the opportunity to comment on I am very concerned about emminent responsibility of the Federal Govern- the issue before us, which of course is domain, with regard to people’s rights ment. I hope we make sure there is ac- Judge John Roberts. Certainly we have and property, gun rights, endangered countability with those moneys spent, been hearing all about him for the last species. Again, I did not ask him for his that we can be sure they are spent the several days and nearly everything opinion on those issues because that is way for which they are defined to be that is to be said has been said at least not the issue. The issue is, as legisla- spent. I hope we make sure the Federal once. But I do want to take the oppor- tion is passed, are they consistent with Government does what it is supposed tunity to say I am very impressed with the Constitution, and that is, indeed, to do and that the other units of gov- this candidate for Supreme Court Chief the role of judges—to listen to the ernment—State, local, and private sec- Justice. I am convinced that he will be facts and see how they apply to the tor—do what they are supposed to do. a strong defender of the Constitution, rule of law. But we still will spend a great deal of that he has an exceptional ability to I was very impressed, as most of us money and, indeed, we should. interpret the Constitution with respect were as we watched some of the inter- We also have to consider that over to the law, and that certainly he has rogation in the committee, with his the past year, because of Iraq and other the background and qualifications to conduct. Of course, he was pressed events, we have also had an increase in do that. many times with different kinds of our deficit. Our deficit has gone up. So I am not an expert in law, but I do questions and tried to be pushed into we need to find some ways to do some- feel strongly that the Court is there to making specific stands on his own thing about it. Obviously, we will take measure what is done in other places, opinion on issues, which really is not a look at spending and see what areas what is done in the executive branch, what it is all about. That is for him to we can reduce. I hope we do that as we and what is done in the legislative decide when those issues come up with branch with respect to how it fits into respect to the law, with respect to the finish our budget for this year. We need the Constitution. Constitution. He handled that situa- to. We should take a look at some of the I have met with Judge Roberts, and I tion very well. appreciated the opportunity to get bet- We have the opportunity—and a very ways we raise money, in the case of ter acquainted with him. I am very im- pleasant opportunity—to support a some taxes, that probably we might pressed with his demeanor and his man who has the qualifications, who otherwise change. Perhaps they will character. It is comforting to see some- has not politicized his background, a have to be left as they are for a while one you think is extremely qualified learned lawyer, a well-trained lawyer. I and continue to offset some of these for such an exceptional job and, at the am persuaded he will be a strong de- costs. same time, seems to see the world pret- fender of the Constitution. I wish to specifically mention a bill I ty much from the standpoint we all do, I must confess that is the strongest am currently sponsoring that requires just as a human being, a person who point I support and seek to see the the regular review of Federal pro- wants to live in a country with free- Court do. I think that will happen. grams. This should be done anyway, dom, in a country with constitutional Mr. President, if I may, during this but it makes it particularly important law, in a country that does the best for time, I wish to divert from this subject as we look toward this business of everyone, and I have that impression. for a minute or two. spending. It is called the Government So I feel very good about him. GOVERNMENT REORGANIZATION AND PROGRAM Reorganization and Program Perform- He has great respect for the rule of PERFORMANCE IMPROVEMENT ACT OF 2005 ance Improvement Act. It creates the law and that, it seems to me, is one of Mr. President, I wish to talk about a necessary mechanism, I believe, to set the most important aspects of our condition that is very much important up some commissions to take a look, country. I have had a chance to visit to us, where we have unusual events No. 1, at programs that have been in other places. I have had a chance to happening in our country. We have the place, let’s say, for 10 years, and to de- talk with kids about other countries. situation in Iraq. We are defending our- termine if, in fact, the program is still As I have gone about, one of the big selves there and the freedoms of this as needed as it was 10 years ago, to see differences is we have a rule of law, not country there. I just came from a hear- if it accomplished what it was set up to a rule of people who happen to be in a ing. I am very proud of what is hap- do 10 years ago and now is completed, strong position at the time, but a rule pening in Iraq, and I think we are mak- could be ended, or could be put in with of law that exists and continues in the ing some progress towards getting peo- some other program, or could be re- Constitution to be interpreted by the ple to take care of their own country. duced because the situation may not be Supreme Court. That, of course, is the goal, and I am the same as it was when a program was Of course, Judge Roberts has creden- sure we will be there until that goal is put in place. Even though there prob- tials that are outstanding. His edu- achieved. ably was a very good reason to have

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They are not sup- torically and see if they are appro- nee that is actually pending before the posed to come before the Senate and priate and can be done better. Senate. Rather, what this article talks promise to vote this way or that way The second half is to not only look at about is the next nominee of the Presi- on a matter that will come before programs that might be unnecessary or dent of the United States to fill the them. Certainly, I understand as well wasteful, but take a look at programs seat of Justice Sandra Day O’Connor. as anyone why the American people, that will continue, but are they being I am afraid it is perhaps a sign of the and Members of the Senate included, done as efficiently as they can be. times in which we are living and per- are curious about how Judge Roberts is One of the issues we have to take a haps a sign of the contentiousness with likely to rule on future cases. I am cu- look at in terms of excessive spending which the nomination for a vacancy on rious about that, too. But sometimes is controlling the size of the Federal the Supreme Court has met in the Sen- we have to put our curiosity aside for a Government. It has continued to grow ate that some of my colleagues are al- greater good. We do not want to create and grow. We have sort of developed a ready talking about a filibuster of the a situation where a Justice cannot win political notion that if there is any- next nominee of the President when confirmation to the Supreme Court un- thing needed anywhere, let’s get the that nominee has not yet been named. less he pledges to vote this way or that Federal Government to pay for it. I think it takes partisanship to a new way on certain hot-button issues of the Well, that is a nice thing to do. The level, to threaten to block an up-or- day. Judges are supposed to be impar- fact is we are supposed to be divided down vote on the Senate floor when we tial, and they are supposed to be inde- up, and there are local governments, do not even know who that person is pendent. That is why they have life- State governments, and the Federal yet and, indeed, some apparently can- time tenure once confirmed. Judges Government, each of which has its own not conceive of the possibility that this cannot be either impartial or inde- responsibilities and its own areas and President would nominate someone on pendent if they are forced to make we ought to be seeking to define what whom they would at least allow an up- promises to the Senate of how they the role of the Federal Government is or-down vote. We are not talking about will vote in order to get confirmed. and sort of restrict those things to that a Senator not following their con- Some of my colleagues have said area so that we can control size. science but talking about Senators, a they simply cannot or will not put So this program would inventory the minority in the Senate prohibiting a promises to politicians aside for this programs, would have proactive steps bipartisan majority from casting an greater good of independence and im- toward improving and eliminating un- up-or-down vote without even knowing partiality. One of my colleagues says necessary and redundant efforts, and it who that nominee is going to be. she wants to know who will be the win- would help us return to fiscal responsi- We ask that nominees for the courts ners on certain issues when Judge Rob- bility. It is kind of common sense in not prejudge cases that will come be- erts is on the Court. I can tell you who Government. It provides a framework fore them. I would think that we the winners will be. The winners are to do that. I don’t think anybody will should also ask Senators not to pre- going to be the parties whose positions disagree with the notion that we ought judge nominees who have not even been are supported by the Constitution and to evaluate programs to see if they are nominated by the President yet. laws of the United States of America. still efficient, effective, and needed, if Whomever the President nominates Judge Roberts eloquently explained they could be more productive. Nobody should be entitled to an up-or-down this during his confirmation hearing. would argue that concept, but we don’t vote on the Senate floor. We are not a He was asked whether he would rule in really have a system to do that. I be- country that believes in the tyranny of favor of the little guy. His answer was lieve this is a good Government meas- the minority but, rather, we believe in that if the Constitution and laws of the ure, and I certainly urge my colleagues a fair process and an up-or-down vote United States supported the little to take a look at the bill S. 1399 and and majority rule. That is all we would guy’s position, the little guy will win. urge their consideration and sponsor- ask for this yet-to-be-named nominee. But if the Constitution says that the ship of this bill. But now let me go to the business at big guys are supported, their position Mr. President, we always have a re- hand and say that I will vote to con- is supported by the Constitution and sponsibility to make sure that Govern- firm Judge John G. Roberts as the next laws of the United States and the facts ment is as efficient as possible, that Chief Justice of the United States. Be- in the case, then he will vote in favor spending is as effective as possible, fore I explain why I am going to vote of the big guy. that we hold spending to the minimum for his confirmation, I first want to ex- This is exactly how it should be. Over to do the things we need to do but not plain the reasons why I am not. the Supreme Court of the United in excess of that, and I think we have First, I am not voting for his con- States, as you look at that stately edi- an opportunity to put that kind of firmation because he told us how he fice, it says, ‘‘Equal justice under the measurement into place and to ensure would rule on cases or issues that law,’’ not that justice will be rendered that those things can happen. might come before the Supreme Court. in favor of the little guy all the time or Mr. President, I yield the floor. Some of my colleagues have said that against the big guy all the time or, The PRESIDING OFFICER. The Sen- they will not vote to confirm Judge conversely, for the big guy all the time ator from Texas is recognized. Roberts because they are not certain and against the little guy. That is the Mr. CORNYN. Mr. President, I ask how he would rule on cases or issues antithesis of equal justice under the unanimous consent that the next hour that will come before the Court. They law. As a matter of fact, we all recall under majority control be allocated as are not certain whether he will vote in that Lady Justice wears a blindfold for follows: 20 minutes for Senator favor of abortion rights, for example. a very good reason—because justice is CORNYN, 5 minutes for Senator COCH- They are not certain that he will vote about the law, not about persons who RAN, 15 minutes for Senator BENNETT, in favor of racial preferences and are sitting in front of a judge. and 20 minutes for Senator ALLEN. quotas. They are not certain whether Mr. President, second, I am not vot- The PRESIDING OFFICER. Without he will vote to give the Federal Gov- ing for this confirmation because he objection, it is so ordered. ernment unlimited regulatory power to turned away clients with legal posi- Mr. CORNYN. I thank the Chair. the exclusion of State and local gov- tions with which my constituents or Mr. President, I am going to talk ernment. I am not certain how Judge some of us might disagree. Some of my about the nominee that we presently Roberts is going to vote on these issues colleagues have said they will vote have before the Senate, Judge John either, but although my constituents against Judge Roberts because they are Roberts, in a moment. First, let me ex- are as concerned and as interested in unsure of his heart. They are saying press my concerns about a Washington these issues as anyone, I am not going that his heart may not be pure because

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Now, although they acknowledge that one, do not want judges sitting in judg- Justice Goldberg, who believed the Judge Roberts has donated his time to ment in a court of law who are going to ninth amendment gave the Supreme clients who, for example, were on the be guided by their heart and sym- Court a license to invent new constitu- liberal side of a lawsuit over gay pathies, rather than the law of the land tional rights, replaced Justice Frank- rights, they criticize Judge Roberts be- and the facts as found by the trier of furter, the father of judicial restraint. cause at his confirmation hearings he fact. I want judges who will side with So it is clear this has never been the said he would have donated his time to the party who has the best argument way it has been, historically. Nor is clients on the conservative side of that and whose position is most consistent same issue had they approached him there any precedent or any obligation with established law that we all can of a President to try to seek ideolog- first. recognize and read and understand for This is perhaps the strangest argu- ical balance when nominating someone ourselves. to the Supreme Court. The reason why ment of all against this nominee. My Again, Lady Justice is blindfolded for is very simple. Elections are supposed colleagues are going to vote against a reason. Justice should not depend on to have consequences. The President is him because they think it is heartless who you are or who you know. It entitled to put the people on the Su- to take on clients regardless of wheth- should depend on who has the law on preme Court who share his values and er he agreed with them or not? That is their side. the very essence of being a lawyer, a Third, I am not voting for John Rob- his judicial philosophy; in this case one professional, an advocate. Lawyers are erts because he will preserve some hy- who believes the policymaking ought somewhat like public accommodations pothetical quixotic ideal of balance on to primarily emanate from the elected in a sense. Similar to hotels, res- the Supreme Court. Some of my col- representatives of the people in Con- taurants, and the like, when lawyers leagues have said they will vote for gress, not life-tenured judges who are place their shingle out and say, I am Judge Roberts because he is not any unaccountable. willing to entertain cases that people more conservative than his prede- If Presidents were not entitled to may bring to me, they are supposed to cessor, Chief Justice Rehnquist, whom change the Supreme Court, then Abra- serve anyone who comes through the he will be succeeding. But they issued ham Lincoln could not have changed door, as long as they have an arguable the warning that I started out with: the Dred Scott case, and Franklin legal position or factual position with Mr. President, don’t you dare nominate Delano Roosevelt could not have which the Court might ultimately someone we disagree with next time or changed the Lochner Court. I doubt my agree. As a matter of fact, our adver- we will use this unconstitutional fili- colleagues who are arguing for this ide- sarial system of justice depends on law- buster. We will break with 200 years of ological lockstep, or uniformity, would yers not just taking cases with which precedent in the Senate and the very have favored that. they perhaps ideologically are inclined premise of our law, which is based on But that brings me to why I am sup- to agree but, rather, they are supposed majority rule. We will break with that porting this nominee, and the reasons to take the facts and the legal argu- and we will filibuster in the Senate and are actually pretty simple. First, ments and do the very best they can so prevent your nominee from ever taking Judge Roberts is simply one of the that in a clash that plays out in our ad- the bench if you nominate someone we most qualified individuals ever nomi- versarial system of justice in the court perceive is more conservative than nated to serve on the Supreme Court. room, the judge can make the best de- Sandra Day O’Connor. Indeed, he may very well be the best cision based on the best legal argu- My colleagues have said this is im- qualified. We have heard it before. He ments and that jurors can decide what portant because they want to preserve graduated the top of his class, he the truth is based on this clash of op- balance on the Court. Preserving so- clerked for two of the finest judges in posing positions. called balance on the Court has never the Nation, he served, with great dis- People are not supposed to be judged been the basis of a Supreme Court con- tinction, two Presidents. He has argued by the lawyers. Rather, in our system firmation vote. The examples of this 39 cases before the U.S. Supreme Court they are supposed to be judged by a are legion. One of the last Supreme and is widely regarded as the finest jury of their peers. But if lawyers were Court nominees to win confirmation oral advocate before the Court living constrained or prohibited from rep- was Justice Ruth Bader Ginsburg, who today. resenting people with whom they replaced Justice Byron White. Justice In only 2 years on the D.C. Circuit might personally not agree, then they Ginsburg, I think it is clear, I think we Court of Appeals, he has already ac- would never have a chance to be judged would all agree, was an unabashed lib- quired a reputation as one of the most by a jury of their peers because they eral and one of the most zealous sup- respected judges in America. Even the would not have a lawyer to take their porters of abortion rights who has ever New York Times, which has editorial- case so that it could be presented to been confirmed to the U.S. Supreme ized against this nomination, has con- that impartial conscience of the com- Court. ceded that few lawyers in America munity. Justice White, nominated by Presi- I wish to ask where this reasoning of could compete with Judge Roberts in dent John F. Kennedy, was fairly con- professional accomplishments. my colleagues might lead. There are servative by contrast and indeed was any number of clients who few people one of the dissenters in the celebrated There was a time not too long ago would support politically but who need case of Roe v. Wade. Yet Justice Gins- when a brilliant career such as Judge legal representation in our adversarial burg, a self-avowed liberal, replaced a Roberts’ was sufficient to win con- system. Criminal defendants are the moderate to conservative Justice on firmation to the Supreme Court, when most obvious example. Do my col- the Court, and she was confirmed by a we did not have ideological tests, lit- leagues plan on punishing a lawyer who vote of 96 to 3. No one argued that Jus- mus tests; when we didn’t have filibus- did not refuse to represent someone tice Ginsburg should be defeated be- ters that blocked the majority from ac- who is accused of a crime? Do they cause she would somehow shift this tually having an up-or-down vote to plan to disqualify anyone from service ideological balance on the Court. confirm a nominee. in the Federal judiciary who has ever But she is only one example. Justice Whereas Judge Roberts has spent his represented someone accused of a Clarence Thomas, one of the most con- career representing clients on both crime? Or do they plan to disqualify servative members of the Court, was sides of every issue, we saw in Justice only those lawyers who did not shun nominated and confirmed to succeed Ginsburg, whom I mentioned a moment conservative clients or causes? I do not Justice Thurgood Marshall, arguably ago, a jurist spending most of her ca- believe you can tell anything about a one of the most liberal. reer representing the single client, the person’s heart, that is, a legal profes- Chief Justice Burger, President Nix- American Civil Liberties Union, on one sional, professional advocate by whom on’s antidote to judicial activism, re- side of these issues. She voiced support that person has represented as a law- placed Chief Justice Earl Warren, for some pretty extreme positions. She

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By now, all Senators and most Amer- administration of the highest Court in Finally, I am going to vote to con- icans have come to know the impres- the land. I believe Judge Roberts has firm this nominee because this judge sive life story of John G. Roberts, Jr. what it takes to be an outstanding understands the proper role of an He is a summa cum laude graduate of Chief Justice. unelected Supreme Court Justice in a Harvard University and an honors I congratulate the President for his democratic Nation. graduate of the Harvard Law School. selection of Judge Roberts and I com- Mr. President, I ask unanimous con- He was an editor of the Harvard Law mend the President for his nomination. sent for an additional 3 minutes. Review. His nominee will be in an important The PRESIDING OFFICER. Without After graduating from law school position in our Government. I am objection, it is so ordered. with high honors, Judge Roberts served pleased, indeed, that I will be able to Mr. CORNYN. To repeat, Judge Rob- as a law clerk to a judge on the Second vote in favor of his confirmation by the erts understands the proper role of an Circuit Court of Appeals and as a law Senate. unelected Supreme Court Justice in a clerk to then Associate Justice The PRESIDING OFFICER. Under democratic Nation. Ours is not a na- Rehnquist on the U.S. Supreme Court. the previous order, the Senator from tion where nine judges sit in a marble He has also served as a Special Assist- Utah is recognized for 15 minutes. edifice and decide what is good for us. ant to the Attorney General of the Mr. BENNETT. Mr. President, most Nor is it a Nation conceived on the United States and as an associate of the speakers who have discussed this premise that these nine unelected counsel to President Ronald Reagan. subject have talked about Judge Rob- judges should be primarily policy- After those years of public service, he erts’ qualification. There is no point in makers. Rather, our notion of justice spent 3 years in private practice at a my referring to them or repeating and law is based on consent of the gov- well-respected law firm, specializing in them again. erned. You can read it in the Declara- civil litigation. Judge Roberts then re- There is a point that I do wish to tion of Independence. Obviously, were turned to public service as the Prin- make with respect to the entire proc- unelected, lifetime-tenured judges to cipal Deputy Solicitor General of the ess, which I think needs to be empha- depart from the text of the Constitu- United States. sized and stressed. It is this: Nomina- tion, depart from precedent, and get During these years of service at the tions are not elections. into a mode of sort of freewheeling ad Department of Justice and as a lawyer Read the Constitution, and we see hoc public policymakers, they would in private practice, Judge Roberts ar- that it allows for elections. It provides have departed in the extreme from the gued 39 cases before the U.S. Supreme for elections. It says there are places framework laid down by our Founders Court. His performance before the where elections are appropriate. The and from the framework ensconced in Court earned him a reputation as one President is elected. The Vice Presi- our Constitution. of the Nation’s premier appellate court dent is elected. The Members of the I will vote to confirm this nominee. I advocates. Senate and House are elected. But hope my colleagues will do likewise. I Two years ago Judge Roberts was members of the Cabinet are not; they hope further that my colleagues, who unanimously confirmed by this Senate are appointed by the President. And to have already stated their intention to to the U.S. Circuit Court of Appeals for allow the election process to have an filibuster the next nominee, will wait the District of Columbia. This circuit influence, they have to be confirmed by until the President has in fact named a court is considered by many to be the the Senate. But they are not elections. nominee to succeed Justice Sandra Day Nation’s second highest court. The same thing is true very much O’Connor. It is just possible—it is just Judge Roberts is a devoted husband, with respect to the judicial branch. A possible they will be surprised and they a dutiful father of two young children, nomination for the Supreme Court is will find the President has, indeed, se- and he is a good and honest man. I not an election. lected another nominee in the mold of closely followed the Senate Judiciary The reason I make such stress of that John Roberts, who will be overwhelm- Committee’s hearings on his nomina- is because there are many groups out ingly confirmed as Chief Justice of the tion to be Chief Justice. It is clear to there who think this is an election. United States. me that he is the right person for this There are big ads on television. They I yield the floor. very important responsibility. Judge are organizing demonstrations. They The PRESIDING OFFICER. The Sen- Roberts has served with distinction in are walking around with placards. That ator from Mississippi is recognized for every job he has ever had. His record is is what you do when you try to influ- 5 minutes. compelling evidence that he would be ence voters in an election. This is not Mr. COCHRAN. Mr. President, I ap- an able and thoughtful member of the an election. The Founding Fathers un- preciate the opportunity to speak on Supreme Court, and that his experience derstood that it should not be an elec- behalf of Judge John G. Roberts’ nomi- and his respect for the rule of law dem- tion. nation to serve as Chief Justice of the onstrate he would be an outstanding There are some who have made up United States. The Members of the Chief Justice of the United States. their minds long in advance of any Senate may disagree on many legal and The quality and correctness of opin- nomination as to what they are going political issues, but I am confident a ions and decisions by the Supreme to do. I think, quite frankly, if Presi- majority of the Senate will agree that Court will depend upon the conscien- dent Bush were to somehow resurrect Judge John Roberts should be con- tious application of reason and the rule John Marshall and send his name to firmed. He has provided the Judiciary of law by Chief Justice Roberts and his the Senate to be the Chief Justice of Committee with the story of his life. colleagues on the Supreme Court. I the United States, People For the He has answered questions on a wide think Judge Roberts fully understands American Way and Ralph Neas would range of issues. In the process, he has the role of the Supreme Court Justice insist that he was badly out of the demonstrated the ability, the tempera- and is totally qualified to discharge the mainstream and unqualified to be Chief ment, and the wisdom to serve as Chief duties of Chief Justice. I believe he will Justice, even though history says he Justice of the United States. be fair to all and, in the application of was the greatest Chief Justice in our The process of providing advice and the rule of law, impartial and unbiased. history. But if he were picked by consent on a Supreme Court nomina- This is serious business. The mem- George W. Bush, that group would im- tion is one of the Senate’s most signifi- bers of the Federal judiciary are mediately say he is radical, he is out of cant constitutional responsibilities, al- charged with the responsibility of pro- the mainstream. though it is not something we are tecting our rights as American citi- We are getting the same thing with called upon to do very often. Eleven zens, adjudicating our grievances, pro- respect to Judge Roberts—an election

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE S10564 CONGRESSIONAL RECORD — SENATE September 28, 2005 campaign complete with television ads ing with her friend at the Metro sta- The real reason so many groups have and placards and demonstrations say- tion to buy a Metro ticket, happened to tried to turn Judge Roberts’ nomina- ing that Judge Roberts is out of the eat a single french fry, and she was ar- tion into an election rather than a mainstream. rested, handcuffed, and taken down to nomination is because they lost the I do not know where you go to find the station. Judge Roberts upheld the election and they are hoping they can mainstream today. I do not know ex- action of the Metro Police. turn the Supreme Court into a super- actly where the mainstream is. I know Horrors, came the groups. There is an legislature that is beyond the reach of where the left bank of this particular election. We can grab onto this as an voters. Clearly, that is not what the stream is. The New York Times is example that we can sensationalize and Founding Fathers had in mind. Clearly, against Judge Roberts. That was pre- win votes on. Then they examined the when they put the responsibility to dictable. That was as sure as the Sun matter very carefully, and we got make the choice in the hands of the would rise—that the New York Times Judge Roberts’ actual opinion in this President, they were saying this will be would be opposed to anybody George case. He did not victimize a 12-year-old a nomination and not an election. If W. Bush proposed. girl who was arrested for eating a the Founding Fathers had wanted the The Washington Post is usually french fry. This is what he said in his Supreme Court at the national level to thought of as being fairly close to the opinion that once again outlines the be open to the electoral process, they left bank, but the Washington Post truth of his position that he will be an would have done what others have done looked at this nominee and said this is umpire, not a player, not a legislator. at the State level. There are States a qualified nominee. He said: where the appointment to the supreme The American Bar Association tries No one is very happy about the events that court of the State is an electoral proc- to be as much of the mainstream as led to this litigation. A 12-year-old girl was ess. Whether that is good or bad is the they can. They have given Judge Rob- arrested, searched and handcuffed, all for subject for another conversation. But erts’ nomination their highest support, eating a single french fry in a Metro rail sta- in this circumstance, we are talking ‘‘well qualified,’’ unanimously. Maybe tion. The child was frightened, embarrassed, about the U.S. Constitution, which they are not mainstream enough for and crying throughout the ordeal. The Dis- trict Court described the policies that led to every Member of this Chamber has some of these people who are using this her arrest as ‘‘foolish,’’ and, indeed, the poli- taken an oath to uphold. argument. cies were changed after those responsible en- If we are going to uphold the Con- The Los Angeles Times is not dured the sort of publicity reserved for thought of as a rightwing organization. adults who make young girls cry. The ques- stitution of the United States and de- The Los Angeles Times said it would be tion before us, however, is not whether these fend it against all enemies who would a travesty if we didn’t confirm Judge policies were a bad idea but whether they undermine it, be they foreign or domes- Roberts by a wide margin. violated the Fourth and Fifth Amendments tic, we should preserve the constitu- Why do we want to confirm some- to the Constitution. tional process of nominations coming body like Judge Roberts? Why is the He put the emphasis in the right from the President of the United President’s nomination a good one? In place. This was a stupid law. It was States. He has to answer to the people my view, it is because Judge Roberts passed for some other reason and for his decisions. He should be the one understands one fundamental truth. turned out in administration to be a to make the nomination. He is the one Along with the one I have just given, a stupid law. It was passed by legislators, who is given the powers specifically. second fundamental truth, if you will, people with legislative responsibility. We can say, Mr. President, we don’t is that nominations are not elections It was repealed by legislators. It should consent to that because we think you and judges are not politicians, or more not be repealed by the judge just be- made a mistake, but we in the Senate appropriately judges are not legisla- cause it is stupid. should not condone those who are try- tors. You have elections for legislators. I remember a conversation that took ing to turn the nomination process You should not have elections for place after the Supreme Court ruled on into an electoral process. Because we judges. the bipartisan Campaign Reform Act. should understand as Members of the Judge Roberts put it this way in de- It is no secret that I opposed that act legislature that members of the judici- scribing his understanding of his re- as vigorously as I could. We passed it ary are not legislators, and we should sponsibility. We have heard this before nonetheless. The President signed it. not move in a direction of turning with respect to this nominee, but it is Then a lawsuit was filed. It went all them into legislators by participating worth repeating. He said to the com- the way to the Supreme Court. The Su- in an election-type process in vetting mittee: preme Court found that the law was their credentials. If this man is quali- I come before the committee with no agen- constitutional and upheld it. fied, he should be confirmed. If he is da. I have no platform. I will not reveal names because these unpopular with the electorate, that Again, judges are not legislators. were private conversations, but a Mem- should be irrelevant. The Constitution Judges are not politicians who can promise ber of the Senate had the occasion to does not allow for that to intrude upon to do certain things in exchange for votes. I have a conversation with a member of the confirmation process. have no agenda but I do have a commitment. the Supreme Court. The Member of the There is no question but that John If I am confirmed, I will confront every case Senate said to the member of the Su- Roberts is qualified. with an open mind. I will fully and fairly preme Court: How could you uphold analyze the legal arguments that are pre- that law? That is a terrible law. I end with a conversation I had with sented. I will be open to the considered views The member of the Supreme Court one of my colleagues who made up his of my colleagues on the bench, and I will de- appropriately said: You are right. It is mind to oppose Judge Roberts. I said to cide every case based on the record, accord- him: In a theoretical situation, suppose ing to the rule of law, without fear or favor, a terrible law. You shouldn’t have to the best of my ability. I will remember passed it. you had everything you own on the line that it is my job to call balls and strikes and In other words, the Supreme Court in a nasty lawsuit, and you had a legal not to pitch or bat. should not be the one that corrects our problem where you could lose every- In other words, he is the umpire, he mistakes unless we violate the Con- thing. Who would you choose to defend is not a player. We have seen an exam- stitution. The Supreme Court should you? Which lawyer would you hire, ple brought up in an effort to try to de- not take a position unless we violate John Roberts or a member of the Sen- rail Judge Roberts’ nomination of how the Constitution. The Supreme Court ate Judiciary Committee? He laughed he called ‘‘balls and strikes’’ and how is not made up of legislators who fix immediately. He said: Bob, it isn’t even he was not a legislator. It has been things; it should be made up of people close. If John Roberts is the obvious dropped now because those people who who examine the law. choice for a personal attorney for raised it didn’t realize that it was Even if the law is foolish enough to someone who needs real help, why going to be analyzed properly and turn punish a 12-year-old girl for eating a should he not be the obvious choice for out to be embarrassing to them rather french fry on the Metro, the Supreme the Nation that needs real help? than to the judge. Court should say: Legislators, this is a He will be a superb Chief Justice, and But there was the case of the 12-year- dumb law. You ought to fix it. But it is I will vote for him with great con- old girl in Washington who, while wait- not our responsibility to legislate. fidence.

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE September 28, 2005 CONGRESSIONAL RECORD — SENATE S10565 The PRESIDING OFFICER. Under mocracy. They do not understand or judicial activists on the Ninth Circuit, the previous order, the Senator from respect the proper role and responsibil- on the Supreme Court, or any court in Virginia is recognized for 20 minutes. ities of a judge not to be an executive this land. The only way to stop this in- Mr. ALLEN. Thank you, Mr. Presi- and not to be a legislator. sidious effect of judicial activism is to dent. Let me share with my colleagues two confirm well-qualified judges who pos- Mr. President, I rise this afternoon in examples of judicial activism, decisions sess good legal minds and understand strong support of the confirmation of where the rule of law which is one of their role in our Republic. Judges are Judge John Roberts to be the 17th those foundational bedrock pillars of a not to be legislators or executives. Chief Justice of the United States. free and just society, where these con- Judges should fairly adjudicate dis- When we first learned of this vacancy cepts have been eroded and ignored by putes based upon the law and the Con- on the Supreme Court earlier this sum- judges. stitution. mer, I laid out the principles of what Exhibit A comes from the Ninth Cir- I believe Judge Roberts is precisely kind of judge I believe the President cuit Court of Appeals. The Ninth Cir- that kind of judge. I believe Judge Rob- should nominate and how the nomina- cuit has trampled upon the will of the erts has the credentials, the values, tion process should proceed. It should people of California by ruling that the and the temperament to be an out- be a dignified approach as a due proc- Pledge of Allegiance cannot be recited standing Chief Justice. ess. It should be fair, and there should in California public schools because it Let me briefly touch on some of his be a vote. contains the words ‘‘under God.’’ They outstanding credentials. He graduated Federal judges are appointed for life. fail to see that the Pledge of Alle- summa cum laude from Harvard Col- When one recognizes those debates in giance is not the establishment of any lege, magna cum laude from Harvard the founding of our country, Mr. Jeffer- religion. It is a patriotic act. If a stu- Law School, was a law clerk for both son wanted judges appointed for terms, dent does not wish to recite the Pledge Judge Friendly and later for Chief Jus- and Mr. Hamilton wanted them for life. of Allegiance, he or she is not com- tice William Rehnquist, a Justice De- Unfortunately, in my view, Mr. Ham- pelled to do so. They can sit there partment aide for the Reagan adminis- ilton won. The only time there is any quietly as the pledge is recited. tration, the Principal Deputy Solicitor scrutiny on the part of the public is at This is a terrible ruling, not just be- General in the first Bush administra- this time of confirmation. While some cause it violates the will and the val- tion, a private attorney with Hogan & may not like the editorials, some may ues of the people of California, which it Hartson, and since 2003, an esteemed not like the TV ads, the demonstra- surely does, but it is also a terrible rul- judge on the D.C. Court of Appeals. tions, and all the speeches. I don’t ing because it actually displays a woe- I supported Judge Roberts’ confirma- think judges ought to be legislators, ful and inexcusable ignorance of Amer- tion to the D.C. Court of Appeals, and and I don’t agree with some of their ica’s legal and historical traditions his service there has confirmed my perspectives in our free country. Let us going all the way back to Mr. Jeffer- confidence in his outstanding capabili- as Senators not say that people are son’s statute of religious freedom. This ties. I have been impressed not only by wrong to demonstrate, run TV ads, ad- is all sacrificed on the altar of judicial his keen judicious mind but also his vocate and express their views, even if activism. commitment to the Constitution and Unless the Ninth Circuit reverses we may not be in agreement with understanding the importance of the itself, then the Supreme Court of the them. That is one of the foundational rule of law and the role of a judge. United States should ultimately re- principles of our country. Ultimately I met with Judge Roberts back in Au- verse this prohibition of the Pledge of our role is to listen, to examine judi- gust. We discussed things one on one. I Allegiance in schools. cial nominees based upon our criteria. Exhibit B comes from, I regret to found him to be a very well grounded Obviously, we can listen to the people say, the highest Court in the land, the individual. He possesses the right judi- and then ultimately it is our responsi- Supreme Court of the United States. cial philosophy. I know people are con- bility to vote. This past summer, in the case of Kelo cerned that some judges might get in The following are the criteria I use to v. City of New London, Connecticut, there and somehow get out of touch in judge a judge. I have always believed five Supreme Court Justices willfully the rarefied air of judgeships, particu- the proper role of a judge is to apply ignored the Bill of Rights, allowing larly on the Supreme Court. I thought the law, not invent the law. The proper local governments, acting as it was good he cuts his grass every now role of a judge is to uphold the Con- commissars, the right to take some- and then—not that it is a qualification stitution, not amend the Constitution one’s home, a person’s home to be to be a judge, but it shows he under- by judicial decrees. The proper role of a taken not for a road, not for a school, stands how people live in a relatively judge is to uphold the intent of the not for a legitimate public use, but normal way. Constitution and the principles of our simply because they think they can Most importantly, we talked about Founders, not to indulge in self-satis- generate more tax revenue from the the importance of precedence, indi- fying judicial activism. The proper role property upon which that home is lo- vidual rights, the interpretation of of a judge is to protect and, indeed, to cated. Federal and State laws, and what def- defend our God-given rights, not to cre- Colleagues, home ownership is the erence should be given to laws passed ate or deny rights out of thin air. greatest fulfillment of the American by the representatives of the people, as I believe it is my responsibility and dream. Every American should have well as a variety of other issues. the responsibility of all Senators to the opportunity to own the home in I am very comfortable with Judge make sure that America’s courts, in- which they live. Every child is enriched Roberts and his understanding of the cluding, of course, and most impor- by learning and appreciating the value role of a judge, the importance of the tantly, the Supreme Court, are filled and pride of home ownership. That is Constitution, and that the Constitu- with qualified men and women who why I advocate economic policies that tion should not be amended by judicial possess the proper judicial philosophy make home ownership more affordable decree. in our representative democracy. to more people. It is not just good eco- I enjoyed asking him what he thinks Laws are to be made by the rep- nomic sense, it is also an issue of fair- the role of international law or laws resentatives of the people. The people ness. It is an issue of opportunity in from other countries should be for are the owners of the government. At this land we call home, America. judges. We will not have others from the local level, they elect city councils, This outrageous decision that is forc- another country tell us what our laws parish leaders, county boards of super- ing people out of their homes, the very ought to be. I love his judicious ap- visors. Then we have State legislators, definition of the American dream, in proach that any judge who uses inter- Governors, and, of course, Federal leg- the name of expanded government tax national laws or the laws from other islators, Congress, and the President. revenue, is amending the Bill of Rights countries to make decisions upon cases However, colleagues, every week, and by judicial decree and is contrary to in the United States, those judges are almost every day, we see the con- what I believe is a fair and just society. trying to accrue to themselves more sequences of activist judges who do not These are just two examples of judi- power than they should have. The pow- properly respect our representative de- cial activism. We do not need any more ers of Federal judges in this country

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Mr. President, those of to serve as our Nation’s Chief Justice. we saw how Judge Roberts continued us who are privileged to serve in the Time will determine the wisdom of to show a rare reverence for our Con- Senate literally cast thousands of that decision, along with the decisions stitution and the Supreme Court’s re- votes during the years we spend here. of each of our colleagues who join me sponsibilities under our Constitution. Some votes are procedural in nature in casting our votes tomorrow. He declared: and of little consequence. Others are Yesterday, I had the privilege of Judges are not to put in their own personal far more meaningful. Katrina relief, meeting with Judge Roberts in my of- views about what the Constitution should pension reform, and trade agreements fice. There, we discussed many of the say, but they are supposed to interpret it and come to mind. Once in a great while, concerns and question marks I men- apply the meaning that is in the Constitu- though, we are called upon in this body tioned just a few minutes ago. His re- tion. to cast a vote of such importance to sponses were forthright. They were in- Judge Roberts went on to say: our Nation that it will resonate for sightful. And I believe they were sin- [J]udges need to appreciate that the legit- years to come—whether to authorize cere. imacy of their action is confined to inter- the use of military force against an- Our conversation also provided me preting the law and not to making it, and if other nation or whether to impeach a with insights into how a young man they exceed that function and start making President. There are few votes, how- the law, I do think that raises legitimate from a small town in Indiana could concerns about [the] legitimacy of their au- ever, we will cast in our time here that grow up, attend Harvard, become one thority to do that. are likely to leave a more lasting im- of the most admired lawyers in Amer- It is refreshing to hear those words pact on America than the one we will ica, be nominated for the Supreme from the lips of a Supreme Court nomi- cast tomorrow morning. In confirming Court, not once but twice, and then sit nee. May other judges in the Federal the nomination of John Roberts— through 3 days of often grueling ques- court system understand and respect something that is all but certain—we tioning before the Senate Judiciary that, as well. not only will authorize him to serve as Committee, responding calmly and re- As we get ready to vote tomorrow on the Chief Justice of the U.S. Supreme spectfully to questions on a wide range Judge Roberts, this is exactly how this Court, we will also make him the lead- of legal issues without the benefit of system and this process ought to er of the judicial branch of our Govern- any notes or even a pad of paper. work—fair and open hearings where the ment. God willing, he will hold that Judge Roberts and I spoke with one nominee explains his or her judicial post for as long as most of us in the another at length about our respective philosophy but refuses to prejudge indi- Senate are likely to live. A great deal childhoods and of our parents and the vidual cases, and following all of the is riding on this vote for our country roles they played in our lives and the scrutiny and the questions and exam- and its people, both today and for a values they instilled in us and in our ination, there is a fair, up-or-down vote long time to come. siblings. We also talked about our edu- on the Senate floor. This is the Amer- For many of us, this one is a close cational opportunities, our careers, our ican tradition. This should not be an call. Understandable concerns have mentors, our spouses, and even about exception. This should be the rule and been raised on a number of fronts the children we were raising. the way we treat judicial nominees, about what kind of Chief Justice John It was a revealing and encouraging not just this nominee but future nomi- Roberts ultimately will make. Do the conversation. It was a revealing and nees. writings of a young man in his encouraging conversation in that it I remind my colleagues, we will soon twenties reflect the views of this 50- provided me with important insights have another Supreme Court vacancy year-old man today? If not, why was he into his personal values and with a to fill. We will need to fill it very soon. reluctant to clearly say so publicly measure of reassurance on the direc- We should be fair and dignified, we when given that opportunity? Why did tion he may ultimately seek to lead should be deliberative, and when it is the current administration refuse to the highest Court of our land. over, we should vote. Yes, that is our allow any scrutiny of the writings of I shared with him that in the 8 years responsibility, to vote. Judge Roberts from when he served as before coming to the Senate, I served I am looking forward to having John the No. 2 person in the Solicitor Gen- as Governor of Delaware. In that role, Roberts serve as Chief Justice of the eral’s Office of former President Bush? I nominated dozens of men and women Supreme Court of the United States. I What direction would Chief Justice to serve as judges in our State courts, am also looking forward to confirming Roberts seek to lead the Supreme several of whom enjoy national promi- other well-qualified judges who under- Court in the coming years on issues re- nence given my State’s role in business stand and appreciate the foundational lating to privacy, to civil rights, and to and corporate law. principles of our country and who will the prerogatives of the Congress to set Ironically, and I think wisely, Dela- reinforce the rule of law by fairly adju- policy that may be at odds with the ware’s Constitution requires overall dicating disputes protecting our free- views of State and local governments? political balance on our State’s courts. dom of religion, protecting our private How will Judge Roberts seek to inter- For every Democrat who is nominated ownership of property, and our freedom pret and apply the Constitution and a to serve as a judge, Delaware Gov- of expression. wide variety of laws, both State and ernors must nominate a Republican, John Roberts, I believe, will go down Federal? Will the Roberts Court re- and vice versa. The result has been an in history as one of the great Chief spect precedent or aggressively seek to absence of political infighting and a Justices of the Supreme Court. Let him establish new ones? national reputation for Delaware’s also become a role model for all other The honest answer to most of these State judiciary regarded by some as men and women who will follow on questions is that none of us really the finest of any State in our land. Federal benches. know for sure—not the President, prob- The qualities I sought in the judicial I yield the floor and suggest the ab- ably not even Judge Roberts himself. nominees I submitted to the Delaware sence of a quorum. That uncertainty explains at least in State Senate included these: unim- The PRESIDING OFFICER. The part why this vote is so difficult for peachable integrity, a thorough under- clerk will call the roll. many Members of this body. So we are standing of the law, a keen intellect, a The assistant legislative clerk pro- asked to make a leap of faith. For willingness to listen to both sides of a ceeded to call the roll. some, that leap is large. For others, it case, excellent judicial temperament, Mr. CARPER. Mr. President, I ask is not. sound judgment, and a strong work unanimous consent that the order for For myself, I have decided to take ethic. In applying those standards to the quorum call be rescinded. that leap of faith. After a great deal of Judge Roberts, I believe he meets or

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We need a choice that have nominated would have come from Democrats and Republicans alike unites us, not one that divides us fur- a different background with a different watched, along with a national audi- ther. history, but this was not my choice. ence, as Judge Roberts fielded any We also need a choice that reflects There is much I do not know about how number of tough questions over the 3 the diversity of this country in which Judge Roberts will rule, but as history days of hearings and responded knowl- we live. There are any number of well- has shown, none of us can predict that. edgeably, respectfully, with humility, qualified women, and maybe even a few And without a crystal globe, I must and occasionally with self-deprecating men, who would be a good choice for make this very difficult decision based good humor. In all candor, I am not the seat now held by Justice Sandra on what I do know and upon the cri- sure any of us would have done as well. Day O’Connor. On behalf of all of us, teria I have long used to evaluate Having said that, though, questions Mr. President, let me encourage you to nominees for judicial appointments. and doubts remain about where Chief send us one of those names. This evening I talk about how I have Justice Roberts will come down on a Mr. President, I suggest the absence applied my standards to other nomi- number of issues—reproductive rights, of a quorum. nees for the Federal bench. I am espe- civil rights, and respect for congres- The PRESIDING OFFICER. The cially pleased that in Washington sional prerogatives, to mention a few. I clerk will call the roll. State we do judicial nominations the might add that, if truth be known, all The assistant legislative clerk pro- right way, through a careful, bipar- of those doubters are not liberal Demo- ceeded to call the roll. tisan process that helps us select quali- crats. Some of them are conservative Mrs. MURRAY. Mr. President, I ask fied candidates without regard to politics. In Washington State, I have Republicans. unanimous consent that the order for The answers to these questions will the quorum call be rescinded. worked with different administrations come in the years ahead as Chief Jus- The PRESIDING OFFICER. Without to craft a process that helps us identify tice Roberts assumes this important objection, it is so ordered. and confirm qualified individuals for the Federal bench. We solicit input post and begins to lead this Court and Mrs. MURRAY. Mr. President, I rise from a wide variety of respected indi- the judicial branch of our Government. to announce my vote on the nomina- viduals within the Washington State In the end, some of the decisions he tion of Judge John G. Roberts, Jr., to legal community, and then we person- helps to formulate may surprise and be the 17th Chief Justice of the United ally interview each recommended can- confound people on all sides of the po- States. didate prior to submitting his or her litical spectrum. That is something one I do not cast this vote lightly. I rec- name to the White House for consider- of his earliest mentors, Judge Henry ognize how critical the courts are in protecting and advancing the rights of ation. Friendly of the Second Circuit Court of During the Clinton administration, all Americans. I know what is at stake. Appeals, has done for years. my colleague Senator Gorton and I Let me pause and ask my colleagues I am also mindful that John Roberts worked together to recommend and has been nominated for a lifetime ap- today to think back just for a moment. support individuals for appointment to pointment to the highest seat on the How many of us would ever have imag- the Federal bench. Senator Gorton and highest Court in our country. In our ined that a Texas Congressman and I disagreed on a lot of issues, but we system, there is no backstop or review Senator with Lyndon Johnson’s early did agree that when it came to our of a Supreme Court Justice once he or civil rights record would go on to duty in confirming individuals to the she is confirmed. That means under the champion the civil rights of minorities third and coequal branch of our Gov- Constitution we in the Senate have the like no other American President in ernment, we should set aside partisan- the 20th century? Who among us, responsibility to fully evaluate each ship and focus on qualifications. That watching former Representative and nominee before voting, and that is extradition has continued with my col- actly what I have done. Senator Richard Nixon, a Cold War league Senator CANTWELL. We got off warrior for decades, would have fore- For me personally, casting a vote on to a rough start on this approach be- seen the role he played in opening the a nominee to the Supreme Court car- cause the Bush administration at first door for U.S. relations with Communist ries special meaning. Thirteen years did not want to continue the fair proc- China? Then, too, recall, if you will, ago the nomination of another Su- ess Senator Gorton and I had estab- the loathing many conservatives came preme Court Justice, Clarence Thomas, lished, but eventually the wisdom of to feel toward the late Chief Justice helped launch my own path from the our process prevailed. While there have Earl Warren, a nominee of President kitchen table in Shoreline, WA to this been hiccups along the way, we have Eisenhower, or the disdain many lib- historic desk on the floor of the Sen- used it to confirm qualified people to erals came to feel toward former Jus- ate. During the Thomas confirmation, I serve on the bench. tice ‘‘Whizzer’’ White, a nominee of was deeply frustrated that the ques- Through this fair and deliberative President Kennedy. tions I believed needed to be answered process, I have supported nominees The truth is that life and its experi- were not even raised. I was troubled with a wide variety of backgrounds. I ences do change us and some of our that average Americans, moms and have supported people who have come views in ways that cannot always be dads, had no voice in a process that from privileged backgrounds and those predicted. Having children of our own would affect their rights and liberties. who beat the odds to realize their and later welcoming those children This time I had the opportunity to achievements. I have supported Demo- into our lives as well as learning from ask those questions directly to the crats and Republicans. Each time, our mistakes and from the mistakes of nominee. I was pleased to work with though, I was confident that I was sup- others can combine to make us wiser, my Democratic women colleagues to porting an individual who would serve to temper our views, to broaden our ho- open the process and empower people every American who came before them rizons and deepen our understanding of across the country to submit questions well, and I have not been disappointed. the views of others with whom we to the nominee via a Web site that Sen- My home State of Washington is 2500 share this planet. And so it is likely to ator BARBARA MIKULSKI created. Today miles away from Washington, DC. In be with Judge Roberts. not only did I have the opportunity to many ways it is even further than that As I prepare to take a leap of faith ask those questions directly, but the in terms of our independence of tomorrow—albeit not a reckless one, in weight has also been on my shoulders. thought. The White House would do my view—let me close with a few words For days I have struggled with well to learn from the example we set of advice, respectfully offered, to our whether this nominee represents the in Washington State, and I hope the President. A second nomination looms fear I have of the worst motives of this Bush administration will do a better just around the corner. President administration or whether he rep- job of consulting with the Senate on its Bush’s choice of that nominee is, in resents the best hopes of a country for next nominee and providing a more many respects, as important as this wise decisions that protect our rights complete record of that nominee’s one. The next choice can divide this and our freedoms and our responsibil- background and writings.

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While I am erts twice, once in a meeting in my of- with the hope that John Roberts will angry about mistakes and miscalcula- fice and once by phone. be an individual who will combine com- tions and misrepresentations and mis- Looking at my standards, I found mon sense and decency with a real re- directed priorities of the Bush adminis- Judge Roberts to be honest, ethical, spect for how the law affects each tration, this vote is not the place to qualified, and fair. I believe he will be American as he serves out his tenure vent those frustrations. Fairness re- evenhanded in deciding cases. On those on the Supreme Court. In spending quires that I evaluate each nominee on criteria, Judge Roberts clearly met my time with him and reviewing the avail- his or her own merits, without a pre- test. It was my last criteria, upholding able record, I believe Judge Roberts determined outcome, just as I expect the rights and liberties of all Ameri- has the capacity to be that kind of jus- every judge to do when a case comes cans, where I had a harder time evalu- tice. before them. My vote is based on the ating Judge Roberts. I wish the White Throughout our history, America has same standards I have used for years, House had been more forthcoming in always had to confront challenges and not on anger or in sending messages or making available more documents that enjoyed a lively debate on how to meet ignoring a nominee’s actual record. would have shed light on some of his them. Today is no different. Our great This would be an easier decision if we more recent work and opinions. I wish Nation is confronting enormous chal- had a complete record. The White the nominee himself had been more re- lenges, and the debate over how to ad- House has refused to provide more responsive to questions in his testimony dress those challenges has caused great cent memos from Judge Roberts’ work before the Senate Judiciary Com- divisions in our country. Many people, in the Solicitor General’s office which mittee. as I do, fear the direction in which this would have provided us with a clearer Through this process, I have con- country is headed. They fear for our se- picture of the nominee. I, frankly, cluded that Judge Roberts is a decent curity. They fear we are not doing think the White House’s position is a person with keen intellect and high enough at home to secure a stronger reflection of the general breakdown in ethical standards. I believe he does future, and they fear the progress we the process that we use to select and know the difference between the role of have made in the last several genera- confirm judges today. With this admin- advocacy, which he has held in the tions is being eroded by a political istration, consultation with the Senate past, and the role of judge. I think he agenda. Those fears are well founded, is cursory at best, and from the very has the capacity to be fair, and I think and they are real. But our country was beginning there has been often a kind he aims to serve all of the American also founded on hope, hope that by se- of ‘‘spoils of war’’ approach to how people. curing individual liberty, a free people they view appointments to the Federal On the question of upholding the could govern themselves in the interest bench. I believe this approach has re- hard-won rights and liberties of the of promoting the common good, hope sulted in unqualified individuals being American people, I believe Judge Rob- that despite our differences, we could forwarded by the administration to the erts has a healthy regard for precedent band together to create strong commu- Senate for consideration. This ap- and intends to apply a thoughtful ap- nities and a better future for genera- proach has contributed to the partisan proach to interpreting the law. This is tions of Americans to come. That spirit rancor regarding nominations to the not to say I would expect or even hope of hope is alive today and should help courts. to agree with every decision he might guide us at least as much as our fears. These actions are even more con- make or every opinion a Chief Justice My vote tonight is a vote of hope— cerning in light of the second vacancy Roberts might author. In making my hope that despite our differences, we the Bush administration is set to fill in decision, I recognize that history has can unite around the common good; the coming weeks. I do not believe that shown no one can accurately anticipate hope that equal justice under the law an honest, fair evaluation could be what type of Justice a nominee may ul- means something powerful to every completed with any less material infor- timately become. American, regardless of background or mation than we were provided during For many weeks I have known some political persuasion; and hope that this confirmation process. I believe the people in Washington State will be dis- John Roberts responds to the needs of Bush administration is attempting to appointed in my decision regardless of this Nation to have a Supreme Court set a dangerous precedent with its what that decision is. I have heard that honors our past and helps secure words and actions or lack thereof, and from friends and colleagues, constitu- the rights and liberties of every Amer- I fear that future court nominations ents and strangers, on all sides of the ican into the future. could be even more contentious as a re- question. Many of them have surprised When I asked Judge Roberts what sult. me in their candor and in their posi- kind of judge he wanted to be, he said: In looking at nominees for our tion. All this has led me to struggle A Justice for all Americans. I hope my courts, I always follow a very delibera- with the decision for many days now. I vote, along with the diverse group of tive process of having a set of stand- have read up on Judge Roberts. I have my Senate colleagues, reminds him ards and comparing individuals who listened to the thoughts of others. I every day that he must be a judge for come before us as nominees to that set have talked with the judge himself. All all Americans. of standards. I examine their record the while, it has been an extremely I yield the floor. and their experience and their testi- close call in my mind, for I know the The PRESIDING OFFICER. The Sen- mony. I see if they meet the basic gravity and the consequences of this ator from Arkansas is recognized. standards of honesty and ethics and important vote. I have had deep and Mrs. LINCOLN. Mr. President, I com- qualifications and fairness. Then I lasting concerns. But I have had pliment my colleague from Washington evaluate if they will be independent, strong, heartfelt hopes as well. State for the incredible job she does evenhanded in deciding cases, and if In the end, I returned to the basic here every day, for the thoughtfulness they will uphold our rights and our lib- criteria I use on any tough question she brings to this process, and the won- erties. Those standards help me ensure and to the values the people of Wash- derful job she does representing the that when any American, regardless of ington State sent me here to protect. people of Washington State. She is a background, comes before the court, he In examining that criteria and those delight to work with and someone who or she receives a fair hearing and that important values, I have made a deci- I think brings to the table thoughtful the resulting decision renders justice sion that I hope everyone can under- consideration, with a strength and a according to the law. stand and appreciate and even be proud courage and a wisdom that should In reaching a decision on Judge Rob- of. I am satisfied that Judge Roberts make the people of Washington State erts, I reviewed all of the information meets my long-held criteria and, there- proud, and I know it does. that was available, and then I exam- fore, I will vote to confirm his nomina- I come here today after much ined how Judge Roberts measured up tion. thought and prayer over a decision

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They did this to ensure only the region of our Nation, whether it is the live with for the rest of my life. most qualified candidates who had the families of our soldiers who find them- I want to say at the outset this has confidence of the President and the selves giving of themselves and of their been one of the hardest decisions I be- Senate would be confirmed to a life- families to protect the rights and the lieve I have been called upon to make time seat on the Federal bench. freedoms in which we in this Nation since I came to the Senate more than 6 I truly worry that the political tug of take great pride, and it is also as we years ago. It has been difficult because war over the judiciary, which President come to the consideration of a Su- the consequences of confirming a new Bush has encouraged, threatens to un- preme Court nomination by the Senate Chief Justice are so profound. dermine the judicial selection process which I find to be one of the most im- Judge Roberts will likely serve on and with it our framework of checks portant and consequential duties we the Court for several decades, and I be- and balances which has preserved for have as an institution in our system of lieve he will have more influence on centuries the rights and freedoms we Government. the future of our Nation than any cherish as Americans, not to mention I think the American people look to Member who serves perhaps in this the sense of pride and comfort or peace us now with hope that we will work in body today. of mind it provides the American peo- a bipartisan way, in a way of union, in This decision has also been difficult ple to know that in that third coequal uniting our Nation to bring about a co- for me because of the manner in which branch of Government, they can rest equal branch of our Government that this administration has handled this assured that their freedoms, their can reassure the American people of nomination, in some respects, and cer- rights will be justly directed. tainly many other nominations that justice and of hope. To work properly, the process de- This is especially true when the can- have come before it. pends on mutual trust and respect be- When President Bush first ran for of- didate being considered has been nomi- tween the executive and the legislative fice in 2000, he told the American peo- nated to the position of Chief Justice branches, and when that trust and re- ple he was a uniter, not a divider. He of the United States, not simply an As- spect is strained, our ability to do our talked about how well he had worked sociate Justice but someone who is very best as a government, to preserve with Democrats as Governor of Texas going to provide the leadership to the and to protect a fair and independent and that he was going to continue that judiciary for future generations, be- highest Court in our land. approach as President to change the As the Senate performs its duty comes in jeopardy. tone in Washington. And, oh, how that under the Constitution with regard to So it is into this atmosphere of polit- tone in Washington needed to be this nominee, I am also mindful this is ical confrontation that Judge Roberts changed. the first Supreme Court nominee I But sadly, that did not happen. Presi- was nominated to the Supreme Court. have been called upon to evaluate as a dent Bush has not followed through on And it is why, frankly, I have had dif- Senator from the great State of Arkan- that promise, and judicial nomina- ficulty separating my profound dis- sas. I have no doubt this is one of the tions, unfortunately, are one of the appointment with the administration most important nominations I will most glaring examples of where his ad- and the distrust it has fostered from consider during my tenure in public ministration has fallen short. In my my opinion of Judge Roberts as an in- service. opinion, this administration has gone dividual. So to separate that opinion of Given the import of this decision for out of its way to divide this Nation and Judge Roberts that I needed to develop the future of this Nation and the re- the Senate on judicial nominations, as an individual, as a lawyer, and po- sponsibilities I have to my constitu- which I think is truly a disservice to tentially the next Chief Justice of the ents and my country, I have examined our judiciary and to the American peo- United States, ultimately, I concluded all of the information available about ple. it is unfair to hold Judge Roberts ac- Judge Roberts’ nomination to ensure I When the Senate rejected only a countable for the actions of the Presi- have given this matter the full atten- handful of Federal appeals court nomi- dent who appointed him. tion it needs and, most importantly, nees during the President’s first term As I have set aside the history of the that it deserves. in office, I expected a uniter who would last 5 years to take a closer look at In making my decision, I very care- work with Senators, who expressed this nominee, it has become apparent fully and deliberately reviewed the concerns, and nominate other qualified to me that Judge Roberts does meet record compiled by the Senate Judici- candidates who could win confirmation the test I believe we should strive to ary Committee. Further, I have consid- with broad bipartisan support. Instead, achieve in the judicial selection proc- ered the views of Arkansans, both after winning reelection, the President ess. After careful thought and delibera- those who think Judge Roberts will renominated many of the same con- tion, I have concluded Judge Roberts is make a fine Supreme Court Justice and troversial nominees and essentially a very smart man who has an enormous those who have real concerns about the dared the Senate to challenge him respect for the law. direction he might lead this very im- again. There is no question in my mind that portant Court. Reflecting on the last 5 years, his ad- Judge Roberts has the legal skills and I have also met with Judge Roberts ministration apparently believes it is the intellect necessary to perform his privately to get a better sense of who better for them politically to pick a duties on the Supreme Court. He has he is as a person, his temperament, fight over judicial nominees than it is impeccable academic credentials and and, most importantly, what his expe- to pick sometimes qualified nominees has demonstrated an impressive com- riences have been in his life that may who have earned the support and re- mand of the law and Constitution form his views and the interpretation spect from those on both sides of the throughout his professional career and of the Constitution. aisle in the legal community in which during his recent confirmation hear- Additionally, I have considered the they work and in the Senate. ings. views of his peers and colleagues in the As a pragmatic Democrat who has al- I also believe that above all else, legal community on both sides of the ways been willing to find common Judge Roberts is devoted to the Con- political spectrum who know Judge ground and to work in good faith with stitution and the institutional integ- Roberts, who have worked with him members of both parties to serve the rity of the judiciary and the vital role firsthand and have a firsthand knowl- best interests of my constituents, I am it plays in our system of Government. edge of his works and abilities. alarmed by the confrontational ap- I have no doubt John Roberts is a Re- Finally, I have prayed. I searched my proach this administration has taken. publican, like the President who ap- conscience and reflected on my prin- We can all be proud of the Founders pointed him. But I don’t believe his ciples as a Senator for the people of the of this great Nation who created our party affiliation will prevent him from

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Roberts overcome his failure, and the weeks, I hope President Bush will take I base this conclusion on the respect failure of the administration, to re- that opportunity to do the same. and support he has earned from law- spond more fully to legitimate requests I yield the floor. yers and colleagues on both sides of the for information. Indeed, there have Mr. GRASSLEY addressed the Chair. aisle who know Judge Roberts well— been past nominees who have failed to The PRESIDING OFFICER. I note they know him far better than I do—on receive Senate confirmation, at least the time is under Democratic control. the evidence in the record from his own partially because they refused to an- Mr. GRASSLEY. I was aware of that. comments and those of his colleagues swer questions or release documents. I was asking if there are any Demo- that he has had an abiding respect for I feel that I have done my level best, crats who would object to my starting the Court’s decisions and that he un- despite my misgivings about the ac- my comments at this point. derstands the value of continuity in tions of this administration in the The PRESIDING OFFICER. Without the law, and on his distinguished ca- past, to fairly and carefully and in objection, the Senator from Iowa is reer as a lawyer and advocate before good faith evaluate this nomination, recognized. the Federal judiciary over many years. which is my duty as a Senator. I be- Mr. GRASSLEY. Mr. President, be- I regret Judge Roberts has made this lieve I have done that. It is my hope fore the Senator from Arkansas goes, I decision more difficult than it needed and expectation that, if confirmed, do not have prepared remarks, but to to be by refusing to be more forth- Judge Roberts will do likewise with re- try to put her a little bit at ease about coming about his views on protections spect to every litigant who comes be- these decisions that we have to make in the Constitution for individuals, es- fore the Court, especially those who on the Supreme Court because they are pecially as those protections and guar- have not experienced the same oppor- very important decisions, I would re- antees relate to civil rights and gender tunities with which he has been so flect on some history. equality. richly blessed. For instance, I probably had the As many of my colleagues have al- I believe Judge Roberts will do that, same concerns about President Clinton ready mentioned, Judge Roberts wrote and therefore I will support his nomi- and Justice Breyer and Justice Gins- several memos when he worked in the nation. I join my other colleagues who burg when I voted for them. Regarding Reagan administration in which he ad- look to leadership in hopes, in hopes the political positions that Justice vocated for a narrow application of that we can mend many of the fences Ginsburg stood for in her life before Federal antidiscrimination statutes, and the difficulties that have been con- coming to be a judge, I wouldn’t agree specifically the Voting Rights Act and jured up by very partisan attitudes in with many of them. But she was to- title IX. Judge Roberts indicated in his these nomination processes, but to tally qualified to be on the Supreme response to questions about these look toward Judge Roberts in a way Court, and I voted for her based upon memos during his confirmation hear- that understands and takes in full faith the proposition that Alexander Ham- ings that he was representing the views his commitment that he will admin- ilton said that the purpose of our ac- of his client, the administration, with- ister the law through the courts in a tivities here of confirming people for out elaborating on whether he held just way, without regard for his polit- the courts is basically two. Maybe those same views today. ical or personal views but with the there is some historian around who He stated he could not say more re- kind of sincere devotion to the Con- will say GRASSLEY has it all wrong, but garding his views on those subjects be- stitution and the rule of law and the I think it was, No. 1, to make sure that cause to do so might undermine his precedent of the courts that he has ex- people who were not qualified did not ability, if confirmed, to impartially pressed to many of us personally; that get on the courts. In other words, only consider similar cases that are likely he will move forward, and deal with qualified people get appointed to the to come before the Court. every litigant who comes before him in courts and that political hacks do not I believe he could have said more on Court in a fair and just way. get appointed to the courts. those and other issues before crossing In closing, I wish to comment briefly That is somebody who was around that line, but I don’t believe Judge on the future as we move beyond this when the Constitution was written, and Roberts is entirely to blame for failing nomination. When I first ran for office the Federalist Papers, stating those to be more responsive. as a young single woman in the early things about our role. So I have a fair- The partisan atmosphere which per- 1990s, I did so because I had hope, hope ly flexible point of view of how I ought vades the confirmation process today that I could improve my Government to look at people, even those with almost guarantees that Senators are and make it more responsive to the whom I disagree. left with no choice but to ask legiti- needs of the citizens of my State. Per- In regard to what the Senator said mate questions of a Supreme Court haps my greatest attribute was the about hoping what President Bush nominee they know will not be an- fact that I was naive. It never occurred would do, or what he has done in the swered. So the Senate is left to make a to me that I didn’t belong here; per- past in regard to these appointments, I decision based on the limited informa- haps that as a young woman, this would want you to look at that as I tion provided during the confirmation might have been a place a little bit out looked at President Clinton being process and from a nominee’s previous of touch for me. But I ran because I be- elected in 1992. I don’t know whether work and life experience. lieved in my country, I believed in the court appointments were an issue in My vote for John Roberts is by no people of my home State, and I be- that campaign as they were in 2000 or means an endorsement of his nomina- lieved in what I had to offer. 2004, but I assume that he had a man- tion process, nor is it an endorsement I see a good bit of that in Judge Rob- date to appoint whom he wanted ap- of the decision by the administration erts as well. I have tried my best each pointed, as long as they were not polit- to withhold documents from Judge day that I have been privileged to serve ical hacks and as long as they were Roberts’ tenure in the Solicitor Gen- in public office to fulfill that commit- qualified. So I gave President Clinton eral’s Office during the first Bush ad- ment, and today I still have great hope that leeway. ministration. That would be helpful to for our Nation’s future and its govern- I am hoping that even more so with Senators in forming an opinion about ment. I also have hope that we can im- President Bush, since he made very this nomination. These are the types of prove the judicial nomination process clear to the people of this country that documents previous administrations as we move forward if all people of he was going to appoint strict con- have made available to the Senate dur- good will on both sides of the aisle will structionists and people who were not ing the consideration of Supreme Court work together in a spirit of coopera- going to legislate from the bench. You nominees in the past. There is no rea- tion and good faith. I stand ready to do may not like what he is doing, but he

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But if Judge Rob- here. It should not be any surprise, and atives and four liberals and one mod- erts makes law, with a lifetime ap- I hope he would be respected for doing erate, Justice Kennedy left as a mod- pointment to the Court, he can never that and have leeway in doing that, as erate. be voted out of office unless he is im- long as they are not political hacks but Then I keep thinking about what we peached. He understands that the they are qualified. ought to do if we want to bring balance courts are not responsible for address- The other one is, over a long period to the Court, and I hear more about ing every social ill or injustice that, in of time, to maybe take away some that on your side than I do on this side: fact, ought to be settled through law worry about whether or not we have to Let’s just say that Justice Ginsburg, and public policy. He understands that be concerned about this specific person obviously a woman, and Justice O’Con- courts do not create new rights. Rath- doing exactly what he said he was nor is obviously a woman; we have two er, courts protect those liberties and going to do. I would refer to Judge women, so maybe we ought to have a rights guaranteed by our Constitution Souter. I was thinking Judge Souter woman appointed to the Supreme and the laws appropriately enacted by was maybe not exactly whom I would Court. Congress and State legislatures. want on the Court, but he would be The liberal women of America have He also understands that there are a pretty close to it. During that debate— Justice Ginsburg as voting the way great deal—infinitesimal—number of I think it was in committee and not on that they think Justices ought to vote. unenumerated rights out there for you the floor—there was one of the Sen- Maybe the conservative women of and me that are reserved under our ators on your side, who I have named America are entitled to a seat on the Constitution to the States and to the but I will not name him this time, who Supreme Court. We might be fortunate people thereof. made this point about Justice Souter— enough to get appointed a very quali- Judge Roberts said this to the com- that he didn’t have respect for the fied woman who is also a strict con- mittee: right to privacy and then was a threat structionist. Then we would have one Judges and Justices are servants of the to Roe v. Wade. liberal woman and we would have one law, not the other way around. Judges are Here is one Republican who thought conservative woman on the Supreme like umpires. Umpires don’t make rules, maybe Souter would work out OK, Court, and we have even more balance they apply them. from my point of view. There was a brought to the Court. Judge Roberts underscores that Democrat over there who thought So you see history kind of takes care ‘‘judges and Justices’’ make sure ev- Souter would be a threat to Roe V. of these things. I hope 25 years from erybody plays by the rules. But these Wade. We were both wrong. now—and you are a lot younger than I rules limiting the power of Govern- So it is difficult to predict what peo- am and you will be around here 25 ment over the people apply to the ple are going to do down the road, so years from now—that you are satisfied courts as well. He made it very clear to you have to look at are they qualified. that history will take care of all these us. In Judge Roberts’ view, ‘‘Not every- I don’t have any doubt but that Judge problems that are brought up about body went to a ball game to see the Souter is qualified to be on the Court. what the Supreme Court might do 10 or umpire.’’ But I misjudged him and this Demo- 15 years from now. That is the right approach to the job cratic Senator also misjudged him. Mrs. LINCOLN. If the Senator will of a Supreme Court Justice. The other one is, if you worry about yield, I want to say how grateful I am Judge Roberts has demonstrated, Republicans, to look at what they to my chairman because he always particularly to the committee, that he might appoint versus what Democrats does provide hopefulness, without a understands the limited nature of might appoint, and you end up getting doubt, as well as a bipartisan attitude, judges, and especially the humility and something from a Republican you don’t in trying to get things done. the modesty necessary to be the kind like. I assume you are more to the lib- I guess you are exactly right. Some of judge we need on our highest Court. eral end than the conservative, and you of my fear comes from the role that I Judge Roberts believes that courts have to stop to think that a Repub- have in helping to create history and may act only to decide cases and con- lican appointed John Paul Stevens and the thoughtfulness that I need to put troversies. That is exactly what it says a Republican appointed Justice Souter, into it. in article III of the Constitution. So two of the four most liberal people on Some of it also certainly comes from judges cannot address every the Supreme Court. recognizing that there is a right way unaddressed and unremedied social To some extent, you get what you and a wrong way to do everything. My problem. want from a Republican President as hope is, as we go through these proc- Judge Roberts said: much as you do from a Democratic esses, that we become a more united Judges have to decide hard questions when President because the other two were body, looking at the right way to go they come up in the context of a particular appointed by President Clinton. about things and a more unified way. case. That is their obligation. But they have Then, also, from a historical stand- to decide those questions according to the I am grateful to the chairman. He is rule of law, not their own social preferences, point, time brings a great deal of bal- always a wonderful Member of this not their policy views, not their personal ance to the Court. Justices change body to work with and he always preferences but according to the rule of law. their views sometimes over a period of brings balance and hopefulness and I That is what he told us in com- 25 or 30 years on the Court. Or Presi- am glad he is my chairman. mittee. dents that you might be thinking are Mr. GRASSLEY. She said she is glad Judge Roberts also said: appointing conservatives end up ap- I am her chairman. She means she and We don’t turn a matter over to a judge be- pointing liberals—they end up being I serve on the Finance Committee to- cause we want his view about what the best liberals on the Supreme Court. gether. I don’t want to mislead the au- idea is, what the best solution is. It is be- History is going to bring balance to dience, I am not chairman of the Judi- cause we want him or her to apply the law. the Court. Right now, if Justice Rob- ciary Committee. Let me say parenthetically, as I would inter- erts is appointed, we will have four lib- Mr. President, I will proceed, then, pret that, not to make law, but to apply the erals. I don’t need to name them. Ev- with the remarks I wanted to make in law. eryone understands who they are. You regard to my support for Judge John He went on to say: are going to have three conservatives: Roberts to be the next Chief Justice of They— Roberts, Scalia and Thomas. And then the United States. I do support that Meaning judges— you are going to have two moderates, nomination. Judge Roberts has earned are constrained when they do that. They are Kennedy and O’Connor—O’Connor for a our vote. He understands the proper constrained by the words that I choose to

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These were all nominees I sup- erts believes in and will exercise judi- ought to be appointed. I wouldn’t want ported through the Supreme Court con- cial restraint on the bench. This prin- to say over 25 years that I couldn’t firmation process, but no Senator has a ciple of judicial restraint is a corner- have forgotten some Republican or right to impose his or her particular stone of our constitutional system, Democrat talking to me about it, but I litmus test on an otherwise qualified best defined by the tenth amendment— don’t remember. I was consulted by nominee. that that power is not specifically this President on the type of person I I voted, as I said earlier to the Sen- given to the Federal Government or re- thought should be nominated. I was ator from Arkansas, for Ruth Bader served to the States and the people even offered to give names, if I wanted Ginsburg, as did almost all of my Re- thereof. This is the defining char- to. And I took advantage of giving my publican colleagues, because we ac- acteristic of the judiciary in our Gov- advice to him. knowledge the President’s—that was ernment of divided powers. At the hearing which Senator SPEC- President Clinton—primacy in the ap- In particular, I was pleased when TER conducted, Senators were able to pointments to the Supreme Court, even Judge Roberts told the committee that ask numerous questions of the nominee where we knew this Justice Ginsburg he has no agenda to bring to the bench. over a period of 3 days. The Judiciary had a different philosophy. I knew then I want to remind you what Judge Rob- Committee also reviewed thousands of that I shared very little in terms of po- erts said in a very short opening state- documents, opinions, and other infor- litical, social, or philosophical views of ment. To quote a little bit of it: mation produced by the White House. Ruth Bader Ginsburg. As everyone I come before the committee with no agen- Throughout the process, Judge Rob- knows now, Judge Ginsburg was then da. I have no platform. Judges are not politi- erts was patient; he was candid and affiliated very closely with extremely cians who can promise to do certain things forthcoming in his responses. liberal views—views a majority of the in exchange for votes. I have no agenda but Judge Roberts clearly has been the I do have a commitment. If I am confirmed, American public would deem way out I will confront every case with an open mind. most scrutinized judicial nominee to of the mainstream. But the Judiciary I will fully and fairly analyze the legal argu- come before the Senate in my years on Committee evaluated her as a fully ments that are presented. I will be open to the committee. No nominee in these competent person to serve on the Su- the considered views of my colleagues on the years before the committee has testi- preme Court. And then because of that, bench, and I will decide every case based on fied as thoroughly and comprehen- because we were doing what we should the record according to the rule of law, with- sively on his judicial philosophy as constitutionally be doing, we voted her out fear or favor, to the best of my ability, Judge Roberts. I have gone through 10 in 96 to 3. and I will remember that it’s my job to call Supreme Court hearings. Judge Rob- the balls and strikes and not to pitch or bat. As I said in committee, it seems erts’ command of the law and the facts there is a whole new ball game out here I was also pleased when Judge Rob- of cases was without precedent. when we have an individual with the erts told the committee that: Still, some of my colleagues objected competence, intelligence, and bril- I had someone ask me in this process: Are to Judge Roberts’ refusal to review the liance of Judge Roberts who nonethe- you going to be on the side of the little guy? results of cases. But his refusal was ab- And you obviously want to give an imme- less is going to get a lot of Democrats diate answer. But as you reflect on it, if the solutely the right thing to do. Judge voting against him. This says far more Constitution says that the little guy should Roberts wisely resisted the bait to con- about the Democrats today than it win, the little guy is going to win in court fuse results and reasoning when it does about the nominee John Roberts. before me. But if the Constitution says that comes to the judicial function. No The truth is that at another time the big guy should win, well, then the big doubt this greatly frustrated some of Judge Roberts would have been con- guy is going to win because my obligation is my colleagues, particularly on the firmed 100 to 0, and properly so, as Jus- to the Constitution. That’s my oath. other side of the aisle, who wanted to tice Scalia 20 years ago was approved So, obviously, Judge Roberts will impose litmus tests on all judicial almost unanimously. Today’s Demo- strive to uphold the Constitution and nominees, who want to extract com- crats have made the needle’s eye for the laws of the United States, regard- mitments from nominees to rule in a approving so small, so impossibly tiny, less of his personal beliefs. predetermined way, their political way, even the Supreme Court giants of the I want to take a little time to com- regardless of the facts of the law. past could never pass through it. mend Chairman SPECTER for con- If they can’t get that, if they can’t The reality is that today’s Democrat ducting a fair and respectful hearing. I get allegiance to their personal polit- Party seems to be beholden to far left am pleased we are looking at a timely ical predilection, and work with their pressure groups who know their radical up-or-down vote on this nominee. Obvi- far-left activist groups, well, then it agenda for America can only be imple- ously, so many people for so long were seems as though that nominee isn’t mented by judicial fiat. I am sad to say inclined to filibuster judges, and to worthy of their vote. that the other party has expressed an have this important person—this It stymies me why it would be wrong unquestionable loyalty to what is prob- ‘‘well-qualified’’ person—go through in for the President of the United States ably their base but a base out of touch the tradition of the Senate doing what to ask a nominee if they support Roe v. with the vast majority of Americans. the Constitution says to do, give its ad- Wade or not—and Judge Roberts under When we finally cast our vote on the vice and consent with a 51-vote margin, oath answered the question of whether nomination of Judge Roberts, most is something that surprises me to some the President discussed it with him, Senate Democrats will show they will extent after the last 2 years. But to and the President didn’t discuss it with be voting in lockstep with the demands have it happen gives me a very warm him—but a lot of Senators were saying, of their leftwing interest groups re- feeling toward all my colleagues for or at least implying, that it would be gardless of how qualified, brilliant, or having that up-or-down vote. wrong for the President to get that worthy the nominee is. Article II of the Constitution puts sort of litmus test type of commitment On the other hand, I have to admit the appointment power in the execu- from a nominee, but some of those very since I prepared these remarks, I have tive, and says the President gets to same Senators found it not in the least heard speeches by two Members of that nominate the person of his choice to bothering their conscience to ask him party within the last hour who I did the Supreme Court. And President exactly that same question and expect not think would come to the conclu- Bush in an unprecedented manner con- an answer from him. sion of voting for him, who have said sulted with more than 70 Senators on Frankly, I have no way of knowing within the last hour they were going to both sides of the aisle before sending how Judge Roberts will rule on the vote for Judge Roberts. I am pleased up Judge Roberts’ nomination. Presi- hot-button issues in the next 25 years. with that.

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE September 28, 2005 CONGRESSIONAL RECORD — SENATE S10573 But we still have a situation that has I hope I made this clear in my com- I am in total agreement with that been demonstrated over the last 3 ments that Senator LINCOLN listened to statement. So when Judge Roberts tes- years, up until May of this year when so closely, and that was that history tifies his oath is to uphold the Con- some judges finally got through for the takes care of a lot of this. Of the four stitution and the laws of the United circuits, that judges were being held up liberals on the Supreme Court today, States and that he won’t impose a po- for very partisan reasons. The other two were appointed by Republicans, litical or social agenda in his decision- party and their outside groups have President Ford and President Bush 1. making, that is what we need to hear. their own agenda. They want the Su- The moderates, O’Connor and Kennedy, That is because the bottom line is, ir- preme Court or courts, generally, to were appointed by a Republican Presi- respective of Judge Roberts’ impressive implement it, particularly things they dent. So we do not know what we get. resume, brilliant intellect, and per- might not be able to get through the I wish we did. I wish we could predict sonal integrity, he would not be quali- Congress of the United States. 25 years from now, but we can’t. fied to be a Supreme Court Justice un- My colleagues like to say they voted The Democrats did not expect Presi- less he was truly willing and able to for more judges appointed by Repub- dent Clinton to appoint a moderate subject himself to that judicial re- lican Presidents than judges appointed judge to replace Justice Byron White. I straint. by Democrat Presidents. But my remind my colleagues that Justice Judge Roberts says his obligation is friends on the other side of the aisle White was one of the two Justices who to the Constitution and that is his who say this, are not telling the whole dissented in Roe v. Wade. We Repub- oath. He says he will not impose his picture. Sure, they voted for a lot of licans did not say: Well, Justice White personal views on the people but will Republican nominees during my time is retiring so we need to make sure we make decisions in an impartial manner in the Senate. More Republican nomi- appoint another person like Justice in accordance with the Constitution, nees have been sent up for consider- White to the Supreme Court. President the laws enacted by Congress. He says ation than Democrat nominees. The Clinton wasn’t elected to appoint peo- he will be modest in his judging and ex- point is, the Democrats have stuck like ple the Republicans wanted. ercise judicial restraint. He says he glue to their outside interest groups The PRESIDING OFFICER. Under will respect the limited role of a judge through thick and thin and voted in the previous order, the time from 6:20 in society. That is the kind of Justice lockstep against more Republican-ap- to 7:20 is under the control of the Dem- we need to see on the Supreme Court. pointed judges than Republicans have ocrat side, if the Senator would like to That is the kind of Justice the Senate voted against Democrat-appointed ask unanimous consent to finish his re- should support. judges. That has been by a landslide marks. I yield the floor. Mr. GRASSLEY. I ask unanimous Mr. JEFFORDS. Mr. President, gen- margin. consent for 3 or 4 more minutes. erally when we vote, the decisions we The fact is, a majority of the Demo- The PRESIDING OFFICER. Without make can be revisited within a few crats voted in lockstep against Judge objection, it is so ordered. months or years. This year’s appropria- Bork and Justice Thomas. A majority Mr. GRASSLEY. So we get appoint- tions policy can be replaced by a new of Democrats voted in lockstep against ments such as Ruth Bader Ginsburg, one next year. Unintended con- Justice Rehnquist when he was ele- totally qualified to be on the Court. I sequences can be rectified, legislation vated to Chief Justice. voted for her; Justice Breyer, totally fine tuned. On the other hand, Republicans voted qualified to be on the Court, I voted for But the consequences of confirming a overwhelmingly for President Clinton’s him. We did not try to second-guess Supreme Court Justice last well be- two liberal nominees, Justices Gins- President Clinton. yond a Senator’s term and maybe even burg and Breyer. So I think my party Clearly, Justice Ginsburg does not his or her life. Given Judge John Rob- has shown it is not wedded to the sin- share Justice White’s philosophy. Yet erts’ age, he may be making critical gle-issue interest groups. Senate Republicans overwhelmingly decisions on constitutional rights when My friends on the other side of the confirmed her, with only three ‘‘nay’’ my newborn grandson is welcoming aisle are weaving revisionist history votes. The fact is, the President picked children of his own into this world. saying the more conservative Justices people they thought would be good Jus- Not surprisingly then, I consider vot- of the Court, such as Scalia and Thom- tices. ing on the confirmation of a Supreme as, are the ones who are really the judi- The bottom line is we should not be Court Justice, and especially the Chief cial activists on the bench. But we all thinking of liberal, conservative, or Justice, one of the most important re- know this is just not true. moderate judges—men or women for sponsibilities of a Senator. The American people know what is that matter. We ought to think of who While I have considered and voted on really going on. The liberal leftwing in- is qualified. If you are qualified for the four Supreme Court nominees during terest groups and Senate enablers, as job, you ought to get the vote of the my tenure in the Senate, the nomina- my friend, Senator HATCH, has some- Senate. Someone who has the right tion of Judge Roberts to be the 17th times called them, want to win in the temperament and integrity on the job Chief Justice of the U.S. Supreme courtroom what they cannot win in the is also a requirement. But these lib- Court is my first chance to consider ballot box. The Democrats have taken erals I voted for have had that as well. the nomination of an individual to be this to a new level. They are already Judge Roberts recognized this prob- the Chief Justice. talking about filibustering the next lem, politicizing the Federal bench, I have spent a great deal of time the nominee, and we do not even know who and in particular the Supreme Court, last few weeks considering this nomi- that is yet. They are really the ones when some of my colleagues on the nation. I looked at Judge Roberts’ deci- who are judicial activists. other side of the aisle attempted to pin sions during his tenure on the D.C. Cir- We should take care because the him down on certain litmus test ques- cuit Court of Appeals, reviewed the independence of the Federal judiciary tions at his nomination hearings. memorandums he wrote while working is at stake. Our entire framework of Judge Roberts said: in the Reagan administration, watched government as we know it and was in- [I]t is a very serious threat to the inde- the nomination hearing, and listened tended by the Framers is at stake. pendence and integrity of the court to politi- to what my Senate colleagues have We are told the Democrats are laying cize them. I think that is not a good develop- said on this nomination. After consid- the groundwork for the next Supreme ment to regard the courts as simply an ex- ering all of this, I have decided to sup- Court nominee by sending a message, I tension of the political process. That’s not what they are. port Judge Roberts’ nomination to be presume, to the President and those of Chief Justice of the U.S. Supreme Judge Roberts went on to say: this party. These messages are an argu- Court. ment that Justice O’Connor must be Judges go on the bench and they apply and My decision to support Judge Rob- replaced by a liberal or moderate, and decide cases according to judicial process, erts did not come easily. As my father, not on the basis of promises made earlier to that individual should be a woman or get elected and promises made earlier to get who served as the Chief Justice of the another minority, claiming the balance confirmed. That’s inconsistent with the inde- Vermont Supreme Court, first taught of the Court must be maintained at all pendence and integrity of the Supreme me, the law trumps any personal be- costs. Court. liefs when a judge is working to reach

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE S10574 CONGRESSIONAL RECORD — SENATE September 28, 2005 a decision on a case. A fair, equal appli- He also said, that he would ‘‘confront leagues who somehow oppose this nom- cation of the law is what Olin Jeffords every case with an open mind . . . And ination have not questioned Judge was known for, which is a reflection of I will decide every case based on the Roberts’ intellect or legal skills. Vermont’s view of the judiciary. record, according to the rule of law, Judge Roberts has testified, under As the former attorney general in without fear or favor, to the best of my oath, about his views regarding the Vermont, and as a lawyer, I have al- ability.’’ Near the end of 3 days of tes- proper constitutional role of a Supreme ways been deeply devoted to the Fram- timony Judge Roberts reiterated this Court Justice and the judiciary branch ers’ concept of an independent judici- view when he said, ‘‘I set those per- overall. Consistently and repeatedly, ary filled with intelligent, capable in- sonal views aside.’’ he has said that Justices and judges dividuals serving the law and the pub- With the information and sworn tes- should approach each case with an lic. As a Senator, I have watched in timony on the record it is clear Judge open mind and decide cases according dismay as this independence has in- Roberts has the necessary legal experi- to the rule of law—and not based on creasingly been threatened and de- ence and character to be the Chief Jus- their own personal preferences or pol- meaned by partisan bickering. tice of the U.S. Supreme Court. It also icy views. Judge Roberts has testified, It has been my general policy while appears that Judge Roberts will use again under oath, that he would fully in the Senate to support the executive the law and the Constitution to make and fairly analyze the legal arguments branch nominations made by a Presi- his judicial decisions, not his ideolog- that come before the Court. He has dent, provided the individual is appro- ical or personal beliefs. Judge Roberts made it clear that judges are not poli- priately qualified and capable of per- gave this pledge at the conclusion of ticians or legislators, and that he is forming the duties required of the posi- his opening remarks, ‘‘I will be vigilant committed to upholding the cherished tion. However, while a position in the to protect the independence and integ- liberties and rights that are enshrined executive branch lasts only as long as rity of the Supreme Court, and I will in our constitution. Roberts also has the President remains in office, an ap- work to ensure that it upholds the rule stated, under oath, that he is mindful pointment to the Federal bench is for of law and safeguards those liberties of precedent, recognizes constitutional the life of the nominee. that make this land one of endless pos- protections for the right to privacy, I believe it would be illogical to as- sibilities for all Americans.’’ I trust he and strongly believes in protecting the sume that our Founding Fathers used will stay true to these words during his judiciary’s independence. the phrase, ‘‘ . . . with the Advice and tenure as Chief Justice. History will be During 20 hours of oral testimony Consent of the Senate . . .’’ in the Con- the judge. and after responding to approximately stitution to mean the Senate can only Finally, let me acknowledge and 500 questions, Judge Roberts made it look at the legal experience and char- thank the Senate Judiciary Com- clear—consistent with past precedent acter of a judicial nominee. So in addi- mittee. Senators SPECTER and LEAHY for other nominees—that he is not tion to those factors I also look at a led a dignified, bipartisan and thorough going to comment on unsettled areas of nominee’s judicial temperament and hearing on Judge Roberts. For all this law that may come before the Supreme ideology and whether these factors will hard work they deserve our thanks and Court. Although some outside groups influence the decisions they make. appreciation. and some of my colleagues chafe at This higher standard is especially ap- Mr. GREGG. Mr. President, I rise such comments, it is wholly appro- propriate for a nominee to the U.S. Su- today to speak on the nomination of priate and, in fact, ethically required preme Court. This Court is the final Judge John Roberts to become Chief to protect the Court’s integrity. More- authority on the meaning of laws and Justice of the United States. If con- over, many of these same individuals the U.S. Constitution. The Supreme firmed, which is widely expected, seeking a change in precedent did not Court gives meaning to what is the Judge Roberts would be the seven- complain when previous judicial nomi- scope of the right of privacy; whether teenth Chief Justice in Nation’s his- nees invoked this requirement, such as Vermont’s limits on campaign con- tory. As such, this nomination is his- now Justice Ruth Bader Ginsburg, tributions and spending are constitu- torically significant, both in its rel- whom I supported back in 1993 during tional; what is an unreasonable search ative rarity and its potentially lasting her confirmation proceedings. But now, and seizure; how expansive the power impact on our judiciary. The confirma- sadly, it appears that some of my col- of the president can be; or whether tion process therefore warrants seri- leagues want judicial nominees, or at Congress exceeded its power in passing ous, meaningful, and dignified consid- least those nominated by President a law. These are issues that affect ev- eration by the Senate. I believe that Bush, to start issuing opinions on fu- eryone, and it is the responsibility of the Senate has met this responsibility ture cases even before the nominees are the Senate to closely and carefully re- over the past weeks, in spite of the ef- confirmed, before the facts of the cases view every nominee to the Supreme forts by outside groups and the urgings are ascertained, and before both sides Court. of some members to turn the process present their legal arguments before There are clearly many stances into something much different. After the Court. Judge Roberts took as a lawyer in the closely following the confirmation This focus on litmus tests and polit- Reagan administration that I do not hearings and careful review of the ical, even religious, ideology during agree with. Here it is unfortunate the nominee, I strongly support President the confirmation process not only un- Senate has been denied access to the Bush’s nomination of Judge Roberts to dermines the Supreme Court’s role— memorandums Judge Roberts wrote be the next Chief Justice. namely, that of an impartial arbiter of while part of the Solicitor General’s of- Let me first start by saying the obvi- the most important cases—but also fice. These documents would have pro- ous, Judge Roberts is an incredibly tal- represents a potentially dangerous evo- vided a more complete picture. ented and gifted attorney. Armed with lution in the history of the confirma- From the record we have, nobody has a sharp legal mind and extensive expe- tion process. Throughout the history of raised a question on whether Judge rience making arguments before the the Senate, Supreme Court nominees Roberts has the proper legal experience Supreme Court, this man is truly one have not been expected to swear under or character to be the next Chief Jus- of the best in a very select group of oath what their opinions will be on un- tice of the U.S. Supreme Court. It also legal superstars—namely, the exclusive settled areas of law. I believe that this appears to me from a review of his judi- club of Supreme Court appellate spe- is a good thing. If the confirmation cial decisions that Judge Roberts has cialists. Judge Roberts has therefore process were to become a series of lit- not allowed his judicial temperament rightfully received broad praise from mus tests and ideological hurdles, the or ideology to influence his decision- coworkers and from all corners of the Senate would be politicizing the one making process. legal community. He also is respected branch of government that the Found- This belief was reinforced by Judge by the very Justices whom he may ing Fathers intended to be above poli- Roberts himself in sworn statements soon be sitting alongside, and he has tics. The men and women who serve on he made to the Senate Judiciary Com- served our Nation ably on the D.C. Cir- the Federal bench would no longer be mittee. In his opening statement Judge cuit Court of Appeals. We are all famil- determined on the basis of their legal Roberts stated, ‘‘I have no platform.’’ iar with these facts, and even my col- qualifications and dedication to uphold

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I do not careful consideration, I will support back on with regret. Fortunately, most object to Judge Roberts’ politics, nor the nomination of Judge John Roberts of my colleagues, led by the majority do I object to his personal beliefs. Our to be Chief Justice of the Supreme leader, share this same hope and have democracy guarantees him both the Court. done an admirable job throughout the freedom to think and speak as he When he was nominated by President Senate’s review of the Roberts nomina- chooses, and the opportunity to ascend Bush in July, it was clear that Judge tion. They have stayed true to the Sen- to any position in our government for Roberts had the necessary professional ate’s proper role under the Constitu- which he is qualified. qualifications to sit on the Supreme tion and to what truly matters when My concerns lie instead with the fail- Court. He graduated from Harvard Col- confirming a judicial nominee. I would ure of the Department of Justice and lege, summa cum laude, in 1976, and re- never want to come before a court the White House to honor the request ceived his law degree, magna cum knowing that the judge already has of members of the Senate Judiciary laude, in 1979 from the Harvard Law made up his mind based on certain per- Committee to make available certain School where he was managing editor sonal views and therefore I will never documents relating to 16 cases Judge of the Harvard Law Review. get a fair hearing. Rather, I want Roberts worked on when he served as Mr. Roberts clerked for Judge Henry someone who is bright, considerate of Principal Deputy Solicitor General. J. Friendly of the U.S. Court of Ap- different viewpoints, experienced, and These documents, written during Judge peals for the Second Circuit and for dedicated to upholding the rule of law Roberts’ tenure in his most senior ex- then-Associate Justice William H. with the Constitution as his guide. In ecutive branch position, are relevant to Rehnquist. John Roberts has served his country his life, career, and under oath, Judge the Senate’s evaluation of his fitness twice, working for the President. First, Roberts already has shown that he to serve as the Chief Justice of the he served as Special Assistant to would be precisely this type of Chief highest court of this land. United States Attorney General Wil- Justice. In fact, I cannot recall a judi- I am not suggesting that these docu- liam French Smith. He returned to cial nominee in recent memory that ments might contain dark shadows— government service in the first Bush lives up to this ideal as much as Judge far from it. The refusal of the White administration, serving as Principal Roberts. As a result, I am pleased to House to allow the American people to Deputy Solicitor General of the United support this nomination and applaud see this corner of Judge Roberts’ States. President Bush for making such an record, however, deviates from the As a lawyer, Roberts has presented 39 outstanding choice. careful road our Founding Fathers oral arguments before the Supreme Mr. INOUYE. Mr. President, I had the paved for us so many years ago, and Court covering the full range of the privilege and honor of meeting with leaves Americans wondering, ‘‘Do those Court’s jurisdiction, including admi- Judge Roberts. I was impressed by his papers hide something I should know?’’ ralty, antitrust, arbitration, environ- legal scholarship, but expressed a hope Many groups have questioned Judge mental law, first amendment, health that he would be forthright and open Roberts’ position on civil rights. His care law, Indian law, bankruptcy, tax, with the American people as he pro- early writings outline defiance toward regulation of financial institutions, ad- gressed through the Senate confirma- review of civil rights violations by Fed- ministrative law, labor law, federal ju- tion process. Although I must regret- eral courts, and many have asked how risdiction and procedure, interstate fully conclude that there are still ques- his views have evolved over the years. commerce, civil rights, and criminal tions outstanding on Judge Roberts’ As one who has spent his life fighting law. record, in light of the urgency of ensur- against baseless prejudice and dis- During the hearings before the Sen- ing that our Nation’s Supreme Court crimination, I share these concerns. ate Judiciary Committee, Senators ex- has its full complement of Justices, I Would the papers withheld from our tensively probed the judicial philos- agree with my Democratic and Repub- sight have answered these questions? ophy of Judge Roberts. I think our col- lican colleagues that his nomination We will never know. leagues Senator SPECTER and Senator should be given an up-or-down vote. Throughout my career I have sup- LEAHY did an excellent job and con- I have studied the development of the ported a woman’s right to choose. I ducted a fair and thorough hearing. Supreme Court by our Founding Fa- have supported Roe v. Wade. I have We do not know how Judge Roberts thers, and it is apparent to me that our also supported stem cell research. The will rule in many cases. What we do Nation’s leaders did not want this responses Judge Roberts provided when know is that he was nominated by a group of citizens to be subjected to the questioned about these issues did not President who, in the glare of the political pressures of the day, so they assure me that these questions would lights of a campaign, clearly indicated provided for lifetime appointments, be seriously considered. I hope I am the type of Supreme Court nominee with no termination date. Further, wrong. Perhaps the papers hidden from that he would favor. We also know that candidates were not required to be law- our sight would have allayed my fears. Judge Roberts is an extraordinarily ac- yers, perhaps as a reminder that legal Similarly, my questions on Judge complished man with the right tem- brilliance alone does not qualify a man Roberts’ thoughts on the death pen- perament. or woman to sit on the bench of our alty, and habeas corpus review by the I have long noted that I believe we highest court. Integrity, compassion, Federal courts will never be answered. must retain an appropriate balance on and wisdom are also required in equal— I am not against the person. As I the Supreme Court. I was pleased that or perhaps greater—measure. noted, I am impressed by his legal during the hearings, Judge Roberts un- Reconciling lifetime appointments scholarship. Although we seem to differ equivocally acknowledged that the with the demands of democratic elec- on the fundamental issues of the day, I Constitution contains a right to pri- tions, created understandable con- respect his right to freely form and vacy. He further testified that the sternation. After much debate, our hold his own opinions. I do, however, right to privacy is not a narrow right. Founding Fathers provided that the ex- object to the failure of the White He explained his belief that the right ecutive and legislative branches of our House, the Department of Justice, and to privacy was sufficiently broad to Federal Government would employ ultimately Judge Roberts himself, to allow the courts to apply it to chang- every means available to them to make make available documents from his ing circumstances. It was important to certain that the selection is a wise one, past. The American people deserve a hear Judge Roberts state that as a Su- and one that a nation could live with nominee unclouded by needless se- preme Court justice, he would strive to for the lifetime of the judge. Today, we crecy—and our democratic heritage de- follow precedent in order to ensure sta- walk again the careful path laid out by mands that the President and the Con- bility in the law.

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE S10576 CONGRESSIONAL RECORD — SENATE September 28, 2005 I wish Judge Roberts well as he takes necessary compromise in order to get the President wanted to work with his seat as Chief Justice of the United the Constitution ratified. The Found- Senators to make sure that he nomi- States Supreme Court. ers believed that the Constitution must nated an excellent candidate—which I Mr. HAGEL. Mr. President, 25 years protect the citizens of the United believe he succeeded in doing. I hope from now most of the events and per- States from the consolidation of the the White House undertakes the same sonalities of September 2005 will have Federal Government’s power. History outreach to the Senate prior to the passed into the pages of history. New has proven them wise. Well meaning President’s nomination of the next Orleans will once again stand proudly politicians never have enough power to nominee to the Supreme Court. as one of America’s most vibrant cit- do all the good things they believe are I also want to compliment Senator ies; America will have been forced to essential to the Nation’s well-being. SPECTER and Senator LEAHY for the su- address our need for energy independ- History shows that the growth of cen- perb job they have done in handling the ence; and the legacies of today’s politi- tral governments is no substitute for confirmation hearings for Judge Rob- cians will be the work of tomorrow’s the ingenuity and energy of individual erts. The hearings were fair and or- history professors. However, the con- citizens. derly and did not significantly inter- firmation of John Roberts as the 17th It was President Woodrow Wilson fere with the Senate’s other business. I Chief Justice of the United States Su- who said: was very pleased that the questioning preme Court could well be even more The history of liberty is a history of the and debate on Judge Roberts was large- significant in 2030 than it is today. The limitation of governmental power, not the ly devoid of personal attacks. Indeed, I Roberts Court will have a profound and increase of it. think the hearings gave the country an historic impact on the preservation of As we work to address 21st century opportunity to see what type of judge liberty for decades to come. challenges like terrorism, the pro- and person Judge Roberts is. They also I first met John Roberts when we liferation of weapons of mass destruc- gave the country a wonderful lesson in both served in the Reagan administration and incredible advances in tech- constitutional law. I hope that Judge tion in the early 1980s. He is a person of nology, we will constantly be con- Roberts’ confirmation hearing will enormous intelligence, character and fronted with the need to balance the serve as a model for future confirma- judgement. His performance in his Sen- expansion of the Federal Government’s tion hearings for nominees to the Su- ate confirmation hearings earlier this power with States rights, individual preme Court. month transcended television ads, liberties and national security. As we Turning now to Judge Roberts’ nomi- internet blogs, television talking act to secure our Nation, we must also nation, I believe that Judge Roberts is heads, and the million dollar industry guard against Federal overreaching. among the finest candidates to the Su- that reduces the judicial nominations That is why measures like the sunset preme Court in our Nation’s history. I process to caricatures and buzz words provisions in laws like the Patriot Act believe history will look back on the across the political spectrum. As many are so important. nomination of Judge Roberts as one of of my colleagues have noted, the Rob- In years to come, Congress will be the most important legacies of the erts confirmation hearings forced a se- under great pressure to reach into Bush administration. When I spoke with White House rious examination of the role of the Su- areas of law historically reserved for Counsel Harriet Miers on the qualities preme Court and the Federal Govern- State and local governments, including I looked for in a Supreme Court nomi- ment in our society. land use, education, economic develop- My beliefs about the role of Govern- nee, I told her there were two qualities ment, law enforcement and contract ment were shaped and molded when I I valued most. First, a nominee must law, including marriage. A wise and ju- served on the staff of Nebraska Con- have outstanding professional creden- dicious Supreme Court will be as crit- gressman John Y. McCollister in the tials. Second, a nominee must be com- ical as it has ever been to see America 1970s. I remember him warning Amer- mitted to the rule of law. I am very ica about the wholesale disregard of through this volatile time. pleased to say that Judge Roberts is Decades from now, if John Roberts the 10th Amendment to the Constitu- extraordinarily qualified on both of can look back upon a legacy of having tion which states: these counts. protected the rights of States and indi- The powers not delegated to the United It is difficult to see how Judge Rob- States by the Constitution, nor prohibited to viduals while helping strengthen Amer- erts could have more impressive profes- it by the States, are reserved to the States ica from within, and constraining the sional credentials. From his academic respectively, or to the people. power of the Federal Government, then record to his Government service to his In the late 1930s and early 1940s, the it will be a legacy worthy of succeeding law practice, Judge Roberts has accu- Supreme Court used Article I, Section William Rehnquist. mulated a remarkable record of 8 of the Constitution which gives the Mr. VOINOVICH. Mr. President, I achievement. Federal Government the power to ‘‘reg- rise today to urge my colleagues to As my colleagues have previously ulate commerce,’’ as a crowbar to pry vote to confirm Judge John G. Roberts noted, he graduated from Harvard Col- open the lid of federalism and more as the next Chief Justice of the United lege summa cum laude in 3 years, and fully insert the Federal Government States Supreme Court. graduated from Harvard Law School into the lives of the American people. Before I discuss my reasons for sup- magna cum laude, where he served as By the 1970s, we saw an expansion of porting Judge Roberts, however, I the managing editor of the Harvard the Federal Government’s power our would like to make a few remarks Law Review. During his time at Har- Founders could not have imagined. about the judicial confirmation proc- vard, he was awarded numerous aca- At the same time that Congressman ess. Judge Roberts is the first nominee demic accolades, including being in- McCollister was invoking the 10th to the Supreme Court since I have been ducted into Phi Beta Kappa. Amendment in the House of Represent- a Senator. I have been very pleased He has excellent Government experi- atives, Justice William Rehnquist was with how his nomination has been han- ence, having served as a law clerk to frequently the lone voice on the Su- dled by both the White House and the then Justice William Rehnquist and in preme Court for the discretion of Judiciary Committee and hope that several top positions in the Reagan and States and the integrity of the 10th this confirmation process will be a Bush administrations, including as As- Amendment. Much has been said about model for future confirmations. sociate Counsel to President Reagan William Rehnquist in the last month. I want to compliment the President, and as Principal Deputy Solicitor Gen- He was a giant of our time. As history and in particular the President’s Coun- eral for the first President Bush. considers his legacy, I believe his abil- sel Harriet Miers, for doing an excel- Prior to his unanimous confirmation ity to move the Court back to a respon- lent job in reaching out to Senators to the U.S. Court of Appeals for the sible position concerning federalism prior to Judge Roberts’ nomination. D.C. Circuit, Judge Roberts was widely will be his greatest accomplishment. In Ms. Miers called me prior to Judge regarded as the best Supreme Court lit- this, he had a strong ally in Justice Roberts’ nomination and asked me igator in the Nation. Throughout his Sandra Day O’Connor. what qualities I thought the Presi- distinguished career, he argued an im- The Founders did not arrive at the dent’s nominee should possess. Our pressive 39 cases before the Supreme 10th Amendment by accident. It was a conversation gave me confidence that Court.

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE September 28, 2005 CONGRESSIONAL RECORD — SENATE S10577 He has now served for 3 years as a the case may be, and based on prece- what struck me most about him was judge on the D.C. Circuit, which is re- dent, rather than on their own personal his humility. For such a brilliant and garded as among the most important beliefs about how the case should be re- successful person, I did not detect a appellate courts in the Nation. As a solved. It is the role of Congress to pass hint of arrogance. He is a dedicated judge, he has developed a reputation legislation and the role of the courts to family man with a good sense of humor for fairness and producing well-written apply that legislation to particular whom I believe all Americans will be and well-reasoned opinions. cases. I believe Judge Roberts not only able to respect and admire. This impressive background has understands this distinction, but also I have been struck by how my regard made Judge Roberts well prepared to will prove to be both a skilled practi- for Judge Roberts has been echoed by be Chief Justice of the Supreme Court. tioner and an eloquent advocate of ju- so many others, including many whose As he displayed during his confirma- dicial restraint. politics may differ from his. I would tion hearings, he has an encyclopedic Accordingly, I have every confidence like to encourage my colleagues to get knowledge of the Supreme Court and of that parties who appear before Judge a hold of an interview C–SPAN re- constitutional law. Yet, he also has Roberts will see a fair and brilliant cently aired of Professor Richard Laz- real world experience in Government judge who will decide their case ac- arus and Patricia Brannan, two long- and in how law interacts with the according to the dictates of the law, not time friends of Judge Roberts. Both tual day-to-day operation of Govern- his own personal preferences. Professor Lazarus and Ms. Brannan are ment. Judge Roberts has the perfect When I initially spoke to Ms. Miers Democrats, but they both expressed balance of academic and practical ex- about the qualities I was looking for in the highest respect for Judge Roberts perience. a nominee, we were discussing a re- and supported his nomination. Now, Judge Roberts also has an impeccable placement for Justice O’Connor. Now such testimonials may concern some of ethical record. No question has been that Judge Roberts has been re-nomi- my Republican friends, but to me they raised regarding his integrity or profes- nated to be Chief Justice, I believe that are further signs that Judge Roberts sionalism. On the contrary, the record Judge Roberts’ management skills are has the ability to persuade people is full of testimony praising his hon- an important aspect to consider. The across the spectrum about the impor- esty and propriety from friends and Chief Justice is the top administrator tance of judicial restraint. former colleagues. Moreover, during of the Federal Courts, so any nominee In short, I believe Judge Roberts dis- his confirmation hearings he properly to Chief Justice must possess manage- plays the openmindedness and humility resisted the temptation to discuss ment skills. Former Chief Justice that should serve as the paradigm of cases and legal disputes that could Rehnquist was an excellent adminis- judicial temperament for members of come before him as Chief Justice so he trator, so Judge Roberts has some the Federal bench. would not bias his consideration of shoes to fill. In reviewing Judge Roberts’ impec- those cases and debates. While some I had an opportunity to sit down with cable academic and professional record, would like to hear how Judge Roberts Judge Roberts, and I asked him about his firm commitment to the rule of would decide future cases, it is clear his management experience. We dis- law, and his strong character, I believe that legal ethics prevent him from cussed his management responsibilities that Judge Roberts is a nominee of the doing so. Furthermore, knowing how a while he was at his law firm where he highest caliber. Indeed, I wonder if a nominee is going to decide future cases helped manage the firm’s litigation stronger nominee could be found. is not necessary to select good judges. group. While Judge Roberts has never I, therefore, urge my colleagues to When I was Governor, I appointed managed anything as large as the Fed- support the nomination of Judge Rob- scores of judges and never—not once— eral court system, our conversation erts to be the next Chief Justice of the did I ask how they would decide a case. convinced me that he has the manage- Supreme Court. Instead, I examined their credentials, ment skills necessary to be Chief Jus- Mrs. CLINTON. Mr. President, the reviewed their writings and past deci- tice. He clearly has already thought nomination of Judge John Roberts to sions and, on several occasions, person- about how he will undertake his man- be Chief Justice of the United States is ally interviewed them. agement responsibilities and what he a matter of tremendous consequence Given his professional achievements needs to do in order to effectively carry for future generations of Americans. It and ethical record, it is not surprising out those responsibilities. requires thoughtful inquiry and debate, that the American Bar Association has Finally, I want to offer some per- and I commend my colleagues on the given him a unanimous well-qualified sonal observations about Judge Rob- Senate Judiciary Committee for their rating, its highest rating. erts. Too often we view executive and dedication to making sure that all I also believe that Judge Roberts has judicial nominees through political or questions were presented and that shown a commitment to the rule of ideological glasses and not as human those outside of the Senate had the op- law. Now, no two people will agree on beings. Nominees quickly get labeled portunity to make their voices heard. how to interpret every provision of the as being a ‘‘Republican Nominee’’ or a After serious and careful consideration Constitution or every statute. I may ‘‘Democratic Nominee’’ or as belonging of the committee proceedings and not agree with all of Judge Roberts’ fu- to a particular ‘‘school of thought’’ or Judge Roberts’s writings, I believe I ture decisions. However, I think that it as being a follower of a particular must vote against his confirmation. I is essential that any nominee displays thinker or politician. This is unfortu- do not believe that the judge has pre- a conscious commitment to deciding nate, as each nominee’s own person- sented his views with enough clarity cases based on the law rather than on ality gets overlooked and we fail to see and specificity for me to in good con- his or her own personal views. the most important aspect of a nomi- science cast a vote on his behalf. During Judge Roberts’ confirmation nee. It is, however, a nominee’s char- The Constitution commands that the hearings, I was struck by how dedi- acter that can have the biggest impact Senate provide meaningful advice and cated he is to the law and to correctly on his or her work. consent to the President on judicial applying the law as a judge. As he stat- In Judge Roberts, I believe the Sen- nominations, and I have an obligation ed during his testimony, ‘‘Judges and ate has before it not only a nominee to my constituents to make sure that I Justices are servants of the law, not who has the capability to be a great cast my vote for Chief Justice of the the other way around.’’ He also re- Chief Justice, but also a nominee who United States for someone I am con- vealed his dedication to the law by rec- is simply a wonderful person. During vinced will be steadfast in protecting ognizing that the judiciary has a lim- my meeting with him, I was struck by fundamental women’s rights, civil ited role in our government. This his gracious manner and humble atti- rights, privacy rights, and who will re- means that judges are, to use Judge tude. He is clearly very smart and en- spect the appropriate separation of Roberts’ words, ‘‘constrained by the gaging, and it is a pleasure to hear him powers among the three branches. words of the Constitution’’ and ‘‘by the explain Supreme Court cases. But, he is After the Judiciary hearings, I believe precedents of other judges.’’ Judges also a very open minded person, who the record on these matters has been must interpret the law based on the listens to others with sincerity and a left unclear. That uncertainly means text of the Constitution or statute, as willingness to hear their views. Yet as a matter of conscience, I cannot

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My de- ago that Judge Roberts ‘‘passed the of constitutional claims involving flag sire to maintain the already fragile Su- key tests before the Senate Judiciary burning, abortion, and other matters. preme Court majority for civil rights, Committee. His command of the law is He wrote that the United States would voting rights and women’s rights out- impressive. He carries no trace of eth- be far better off with 50 different inter- weigh the respect I have for Judge Rob- ical taint. His ability to stay calm and pretations on the right to choose than erts’s intellect, character, and legal on point in the face of exhaustive ques- with what he called the ‘‘judicial ex- skills. tioning from a panel of highly inquisi- cesses embodied in Roe v. Wade.’’ The Mr. MCCAIN. Mr. President, this tive—and occasionally posturing—U.S. idea that the Supreme Court could be Thursday the Senate will have the op- senators was indicative of judicial tem- denied the right to rule on constitu- portunity to vote on the nomination of perament.’’ tional claims had been so long decided Judge John Roberts to be Chief Justice The committee has voted to rec- that even the most conservative of of the United States. Few decisions ommend that the full Senate confirm Judge Roberts’s Justice Department made by this body are as consequential Judge Roberts as the Chief Justice of colleagues strongly disagreed with as this one. If Judge Roberts is con- the United States. Several Democratic him. firmed by the Senate—and I believe he members of the committee joined in When questioned about his legal will be confirmed—he will be the that recommendation, and rightly so— memoranda, Judge Roberts claimed youngest Chief Justice in more than this nominee’s exceptional credentials they did not necessarily reflect his 200 years. With the blessing of a long and temperament should place him views and that he was merely making tenure on the Court, his influence as well above the fray of partisanship. the best possible case for his clients or Chief Justice will not just affect us and I agree wholeheartedly with the nom- responding to a superior’s request that our children but also several genera- ination of the President and the rec- he make a particular argument. But he tions to come. ommendation of the Judiciary Com- did not clearly disavow the strong and In nominating Judge Roberts, the mittee. I will vote for John Roberts, a clear views he expressed, but only President clearly was mindful of the man who has proven to be an extraor- shrouded them in further mystery. Was serious and lasting nature of the vote dinarily talented lawyer and judge who he just being an advocate for a client before us. He respected the Senate’s ad- approaches the law with modesty and a or was he using his position to advo- vice and consent role and engaged in a deep respect for the Constitution and cate for positions he believed in? The thorough, deliberate, and fair nomina- our Nation’s laws. record is unclear. tion process. The President and his f It is hard to believe he has no opinion staff consulted with more than 70 Mem- on so many critical issues after years bers of the Senate, and the President EMERGENCY HEALTH CARE as a Justice Department and White reviewed the credentials of many well- RELIEF ACT OF 2005 House lawyer, appellate advocate and qualified candidates. The President Mr. MCCAIN. Mr. President, I am in judge. His supporters remind us that also met personally with a number of the Senate to mention that there is on- Chief Justice Rehnquist supported the potential nominees. I believe that this going discussions between the Senator constitutionality of legal segregation is the process envisioned by the so- from Iowa, Mr. GRASSLEY, the distin- before his elevation to the high court called Gang of 14, and that it resulted guished chairman of the Committee on but never sought to bring it back while in an excellent nominee. Finance, and a number of Members who serving the court system as its Chief Judge Roberts has impeccable legal have been concerned about S. 1716, the Justice. But I would also remind them credentials and a strong reputation and Emergency Health Care Relief Act of of Justice Thomas’s assertion in his record as a fair- and sharp-minded law- 2005. I fully support the desire of the confirmation hearing that he had never yer and jurist. The American Bar Asso- Senator and members of the Com- even discussed Roe v. Wade, much less ciation and many others of all political mittee on Finance to provide health formed an opinion on it. Shortly after stripes agree that his distinguished ca- care relief for the victims of Hurricane he ascended to the Court, Justice reer as a lawyer and a jurist makes Katrina. We have noted that it has Thomas made it clear that he wanted him very well qualified for the position about a $9 billion price tag, and we to repeal Roe. of Chief Justice. Indeed, some observ- have been in ongoing discussions which Adding to testimony that clouded ers have pointed out that if one were to I believe will bear fruit with the Sen- more than clarified is that we in the imagine the perfect training to be a ator from Iowa. Senate have been denied the full record Supreme Court Justice, Judge Rob- It is important to know that the ad- of Judge Roberts’s writings despite our erts’s career would be the model. I ministration also objects to S. 1716, repeated requests. Combined, these two could not agree more. and I ask unanimous consent the letter events have left a question mark on As an appellate judge, Judge Roberts from Secretary Leavitt be printed in what Judge Roberts’s views are and has built a record of measure, control, the RECORD. how he might rule on critical questions and fair-mindedness—all crucial char- There being no objection, the mate- of the day. It is telling that President acteristics for a member of our Na- rial was ordered to be printed in the Bush has said the Justices he most ad- tion’s highest court. mires are the two most conservative Prior to his tenure as a Federal RECORD, as follows: Justices, Justices Thomas and Scalia. judge, John Roberts was a widely re- THE SECRETARY OF HEALTH It is not unreasonable to believe that spected appellate lawyer. The Wash- AND HUMAN SERVICES, Washington, DC, September 27, 2005. the President has picked someone in ington Post recently characterized him Hon. WILLIAM H. FRIST, Judge Roberts whom he believes holds as ‘‘among the country’s best-regarded Majority Leader, U.S. Senate, a similarly conservative philosophy, appellate lawyers, both in private prac- Washington, DC. and that voting as a bloc they could tice and as deputy solicitor general DEAR SENATOR FRIST: I am writing to ex- further limit the power of the Con- during the administration of George press the views of the Department of Health gress, expand the purview of the Execu- H.W. Bush.’’ and Human Services (HHS) with respect to S. tive, and overturn key rulings like Roe The Senate Judiciary Committee has 1716, the ‘‘Emergency Health Care Relief Act v. Wade. engaged in an extensive review of of 2005’’. Since I expect Judge Roberts to be Judge Roberts’ record. During his nom- We understand and appreciate that the intent of S. 1716 is to help provide, in the most confirmed, I hope that my concerns are ination hearings, the judge acquitted timely manner possible, emergency health unfounded and that he will be the kind himself with dignity and honesty, an- care relief to the victims of Hurricane of judge he said he would be during his swering directly questions that he be- Katrina. The Department is strongly com- confirmation hearing. If so, I will be lieved he could address without hin- mitted to this same objective, and we have

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE September 28, 2005 CONGRESSIONAL RECORD — SENATE S10579 engaged in our utmost efforts to furnish such quirements, criteria for reviewing applica- ing States of their flexibility to amend their relief directly to Katrina victims as well as tions and determining payment amounts, as TANF plans to meet the special cir- to support State efforts to provide emer- well as other rules and procedures. Providers cumstances of the hurricane aftermath such gency health care and related services (see would need to learn this new system and pro- as adjusting State plans, streamlining the addendum below). We believe these ongoing vide new kinds of documentation. It is far eligibility process, making residency op- efforts largely preclude the need for the ac- more expeditious to use existing state sys- tional, and using in-kind and non-Federal tivities proposed under S. 1716. Moreover, we tems. cash expenditures to meet the maintenance have serious concerns with S. 1716, as enun- We believe states are better equipped than of effort requirements. ciated below. the Federal Government to work directly In addition to this program flexibility, In addition, the bill spends significant with local providers to solve the problems of which continues under title IV–A (as so ex- amounts on adjustments to the Medicaid uncompensated care. The state-based uncom- tended), P.L. 109–68 also provides special FMAP (Federal medical assistance percent- pensated care pool in the CMS waiver will flexibility for TANF in areas such as the age) for individuals who are not survivors of pay providers more quickly through the ex- contingency fund, loan program, and penalty Hurricane Katrina. We think this is inadvis- isting state payment systems without estab- waivers. able and that resources should be targeted to lishing a new bureaucratic process. It will We are especially concerned about the dual services for these survivors. also allow for care in settings and from pro- contingency fund provisions in S. 1716, under TITLE I—EMERGENCY HEALTH CARE RELIEF viders that do not usually participate in which a State may be reimbursed from the Title I of S. 1716 establishes a new Disaster Medicaid, enabling evacuees to get the best contingency fund if it qualifies as a ‘‘needy Relief Medicaid (DRM) program for survivors care and the providers in the state to deliver State’’ based on Hurricane Katrina-related of Hurricane Katrina. Survivors of the hurri- it as effectively as possible. The waiver pro- criteria, while still remaining eligible to re- cane would be entitled to five months of gram also allows for new interactions with ceive reimbursement from the fund if it Medicaid coverage, and the President is expanded community-based health care cen- meets the current law definition of a ‘‘needy given the option to extend the program for ters, mobile units for providing basic care at State’’ (based on certain Food Stamp and un- another five months. Individuals who were convenient locations for evacuees, and new employment-related criteria). previously receiving Medicaid before the referral networks. The pool will permit We are advised by the Office of Manage- hurricane are deemed eligible for this assist- states to pay for additional services needed ment and Budget that there is no objection ance. In addition DRM eligibility is also by evacuees, such as additional mental to the submission of this letter to the Con- available to pregnant women and children health services, that are not generally cov- gress from the standpoint of the Administra- with incomes up to 200% FPL, disabled indi- ered by Medicaid. tion’s program. viduals up to 300% SSI, and other individuals While we prefer the state-based uncompen- Sincerely, with incomes up to 100% FPL. As a result, a sated care pool referenced in the CMS waiv- MICHAEL O. LEAVITT. er, we look forward to working with the new eligibility category for childless adults Mr. MCCAIN. I say again to my friend committee to ensure care to evacuees and is established. There are no resource or resi- from Iowa, I think he does a tremen- dency requirements for DRM. DRM recipi- solve the problems of uncompensated care. We believe that S. 1716 does not appro- dous job as chairman of our Committee ents will receive the benefits package avail- priately target spending to the true victims on Finance. He continues to distin- able to categorically needy beneficiaries of Hurricane Katrina. Section 103 spends $4 guish himself in that role. But I do be- under the Medicaid state plan. States may billion on a 100% FMAP rate for services also provide extended mental health benefits lieve—and we had, I think, a very pro- (and related administrative activities) pro- and coordination benefits to DRM eligibles, ductive meeting with the Senator from vided from August 28, 2005 through December which are not limited to conditions directly New Hampshire, Mr. SUNUNU, and Sen- 31, 2006 under the State Medicaid or SCHIP resulting from the hurricane. ator LOTT, who, obviously, has a very plan to any individual residing in a major The legislation requires a new Medicaid deep and abiding interest in this situa- entitlement for Katrina survivors, regardless disaster parish or county, regardless of whether the individual was affected by Hur- tion, as well as the Senator from Iowa. of whether that will work best for those sur- I hope we can work out the objections vivors or the states. This new program is un- ricane Katrina. Section 108 spends almost necessary. CMS is already acting to meet the $700 million for 29 states, most of which were that the administration has, as well as health care needs of hurricane survivors not affected by the hurricane, by preventing the concerns that others of us have on through the establishment of a new Med- a drop in the FMAP for Medicaid that other- this issue. icaid/State Children’s Health Insurance Pro- wise would have occurred on October 1. We Again, I thank the Senator from gram (SCHIP) waiver program that builds believe that these provisions are inadvisable Iowa for his diligent efforts in trying upon existing Medicaid/SCRIP eligibility and and that federal resources should be targeted to meeting the needs of those harmed by to get this legislation done and, at the other program rules to provide immediate, same time, satisfy the concerns of comprehensive relief without the need for Hurricane Katrina. In addition, S. 1716 includes several provi- many who are concerned about the congressional action. This waiver program sions that affect the timely implementation allows individuals who otherwise would be scope of it, as well as his efforts to at- of the new Medicare Part D program. We do eligible for Medicaid in their home states to tempt to satisfy the concerns of the ad- not support any changes to the Medicare receive 5 months of temporary eligibility ministration. Part D program. We note that under S. 1716, without going through a complex and bur- I yield the floor and suggest the ab- DRM dual eligibles are excluded from the densome application process. Texas, Ala- sence of a quorum. low-income subsidy program. We think it bama, Florida, and Mississippi now have would be far more advantageous to ensure The PRESIDING OFFICER. The these programs in place, and more states that dual eligibles are timely enrolled in a clerk will call the roll. with significant numbers of evacuees are Part D plan so that they receive the low-cost The bill clerk proceeded to call the very close to establishing similar programs. drug coverage available to them under the With this new waiver program, we are pro- roll. new Medicare drug benefit. viding relief quickly, rather than waiting to Mr. BAUCUS. Mr. President, I ask implement an unprecedented new federal TITLE II—TANF RELIEF unanimous consent that the order for program as envisioned by S. 1716. Under title II, S. 1716 would also make a the quorum call be rescinded. The bill (section 108) also establishes a number of adjustments to P.L. 109–68 the The PRESIDING OFFICER. Without massive new Federal program which would ‘‘TANF Emergency Response and Recovery objection, it is so ordered. be administered by the Secretary of HHS, Act of 2005,’’ which was signed into law on rather than states. The fund would provide September 21. For the most part, these ad- f $800 million for direct payments to Medicaid justments would be unnecessary and would providers to offset their costs incurred as a complicate State administration of Tem- UNANIMOUS CONSENT REQUEST— result of Hurricane Katrina, and for pay- porary Assistance for Needy Families S. 1716 ments to state insurance commissioners for (TANF) benefits in the wake of Hurricane health insurance premiums for individuals Katrina. Mr. BAUCUS. Mr. President, I come otherwise eligible for DRM. Again, S. 1716 is HHS believes that the existing administra- to the floor once again to insist that duplicating efforts which are well underway tive authority under the TANF program the Senate act on the emergency at CMS through the uncompensated care under title IV–A of the Social Security Act health care needs of Katrina victims. pools referenced in the new waiver program (as extended through December 31, 2005 by They need help. They need help now— The Federal uncompensated care fund envi- P.L. 109–68 and several earlier temporary ex- not tomorrow, not the next day, now. sioned by S. 1716 would create uncertainty tensions), coupled with the special hurri- The Senate must pass the Katrina and delay progress being made right now. To cane-related provisions of the new law, has make the system envisioned by the bill given States the ability to be responsive to health package that Chairman GRASS- work, CMS would have to develop a brand the most significant issues confronting them LEY and I put together. Why? Obvi- new Federal system with new forms and ap- as a result of Hurricane Katrina. We pro- ously, to help the victims of Katrina. plications, eligibility criteria, program re- vided early administrative guidance remind- That is why. They need the help now.

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE S10580 CONGRESSIONAL RECORD — SENATE September 28, 2005 I might say, Senator GRASSLEY and I would like to offer more sweeping leg- because we don’t have a lot of evidence. have worked for weeks on this legisla- islation and try to get that legislation He also said something else. He said: tion. It has been 4 weeks since Katrina up for a vote. I daresay, if that legisla- Because these are of a short duration, hit—4 weeks. tion were up for a vote, it would pass the ones proposed in this bill, they Now, some suggest the administra- by a very large margin. probably will not be utilized very much tion was slow to respond, that FEMA But there are Senators here who do because people don’t know about them. was slow to respond, that FEMA was not want to vote. They do not want to People don’t know they are there. It is inadequate in responding. We have vote on that legislation. They do not hard to get the word out. heard these complaints. A lot of them want to vote on it. They do not want to So those Senators should not be too are accurate. vote on it. What is my evidence of concerned this bill will be ‘‘too expen- Where is the Senate? Where is the that? Many times I have asked unani- sive.’’ If they are concerned about Congress? Where? I ask Senators, mous consent to bring up this legisla- fraud, FEMA fraud, if they are con- where is the Senate? Where is the Con- tion. Many times the chairman of the cerned about waste, if they are congress? I will tell you where. We are committee has asked to bring up this cerned about money not being properly poised to pass legislation, but the same legislation. And we get objections from spent under FEMA, and so forth, I sug- people and the same political party the other side of the aisle. We get ob- gest when the next appropriations bill that were slow with respect to FEMA jections from the other side of the comes up to spend more money at and the administration are now here aisle. Oh, it costs too much, I heard. FEMA, to give more cash, that is the today slowing down and stopping this That is one complaint. proper place to look at any potential legislation from passing. The same I do not know. This legislation is waste, any problems, if any, that occur group. The same group. I cannot be- temporary. It is only for several under FEMA. I don’t know what occurs lieve it. I cannot understand it. months. It is only basically until the and does not occur, but the Senators I This legislation has very broad sup- end of the year. It is basically to help have heard don’t want this bill passed port. It has the support of Senator people get health care under Medicaid, because they say: Oh, it is wasteful. FEMA wasted money. If that is the GRASSLEY, the chairman of the Finance to get health care now. case, don’t take it out of the hides of Committee, the Republican chairman There are countless examples of peo- poor people who need help. You take it of the Finance Committee, who, I ple who cannot get health care today, out of the hide of FEMA. You take it might say, is a very good man. He is a victims of Katrina who cannot get out of the hide of additional appropria- good man. He cares. He puts people health care today. Why in the world is tions. above politics. He puts the needs of the the Senate, controlled by the same I heard something else here tonight. Katrina victims above politics. He party as the White House, saying no? I have heard the administration is op- wants to do the right thing. And I very Oh, we hear: We want a compromise. posed to this legislation. They quietly heartily and soundly congratulate him. Let me tell you this. What is the com- kind of are. I don’t think they want to He has done such a wonderful job. promise I heard? The compromise I admit it. They sent this letter that the We have also consulted for weeks heard is: Take it all out of the $65 bil- Senator from Arizona put in the with the Senators from the States af- lion appropriated for Katrina. Take it RECORD. They say: Well, maybe we can fected, working out the details of this out of that. That is what I have heard. do it with waivers. Maybe we can do it legislation, crossing the T’s, dotting Can you believe that? Can you be- a little bit better. Come on. That is not the I’s, making changes to make sure lieve that? They say some of that going to work. Why isn’t it going to it works right. We have consulted with money has been misspent. So people work? It is not going to work because the Senators from the States affected, who need health care shouldn’t get the this waiver process is so vague, it is so who are from both political parties. dollars? They shouldn’t get support? amorphous. Nobody knows what it is. They want this legislation. They are They shouldn’t get their health care Nobody knows when it might go into from both political parties, and they because some of the FEMA dollars effect. want it. might have been misspent? Give me a Let me give you an example of that. We spent a lot of time working on break. Give me a break. Today at the Finance Committee hear- this—a lot of time. We have done the What is going on here? What, in fact, ing, I raised the question: Governor right thing. We made changes, as Sen- is going on here? I don’t understand it. Barbour, Governor Riley, Governor ators suggested. We are trying to make I thought we were Senators. I thought Blanco, what about waivers? it balanced, trying to make it fair, try- we were elected to do the right thing, Governor Barbour did not know any- ing to make it respond to the needs of to rise up and help people who need thing about it. This is 4 weeks since the people in Louisiana, Alabama, help, particularly immediately. Sure, Katrina. He said: I have to plead igno- Texas—the States affected. We have we should scrub this stuff and look at rance. I don’t know. You would think if tried our very best to do this right. it closely. And we have. We have. Sen- this waiver process is going into effect I might repeat, not only the Senators ator GRASSLEY and I have. Our staffs a little bit, if there has been discussion of the States want this legislation, but have—very closely. We have tailored between the administration and some the Governors of the States want this this down and cut it back down com- of these States, you would think the legislation. If we want to get to labels pared to what other Senators in the Governor of Mississippi, if this waiver here, two of those Governors are Re- body want passed, some of the Senators program is worth anything, would publicans. Today, publicly, I asked the in the committee wanted passed. We know about it. No, he did not know question and Senator GRASSLEY, the said: Oh, no, no, we are not going to go anything about it. He wants this legis- chairman, asked the question: Gov- that far. We will take this a step at a lation passed. ernors, what do you think of this legis- time. We will pass limited legislation, Mr. President, I ask unanimous con- lation? Yes, they want it, they want it only until the end of this year. sent that the letter Senator GRASSLEY now. These provisions, the Medicaid provi- and I wrote back to Secretary Leavitt Ask Governor Blanco of Louisiana. sions, the FMAP provisions, the eligi- in response to that White House letter They know the needs. They are there. bility requirements only apply for sev- be printed in the RECORD. They know the stakes. They are the eral months, to the end of this year. There being no objection, the mate- Governors. They want this legislation Then they stop. rial was ordered to be printed in the passed now. Let me tell you, we met today, the RECORD, as follows: Governor Riley of Alabama, he wants Finance Committee, with experts—one U.S. SENATE, it now. Governor Barbour of Mis- was George Yin, head of the Joint Tax COMMITTEE ON FINANCE, sissippi, he wants this legislation Committee staff—trying to learn some Washington, DC, September 27, 2005. passed now. Governor Blanco of Lou- lessons from New York that might be Hon. MICHAEL O. LEAVITT, applied in this case. He made a very in- Secretary, Department of Health and Human isiana, she would certainly like it Services, Washington, DC. passed now. teresting point to us. He said: You DEAR MR. SECRETARY: The aftermath of I might say, too, this is a com- must know, Senators, it is very hard to Hurricane Katrina has left hundreds of thou- promise. There are Senators here who know the effectiveness of tax breaks sands of Americans displaced and in need of

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE September 28, 2005 CONGRESSIONAL RECORD — SENATE S10581 assistance. We want to, first and foremost, ances can you give states that they will not dollars. The micro-purchase limits were thank you for your assistance with Katrina find themselves in similar circumstances? capped by law at $2,500 with an emergency relief. We share the goal of addressing the 4. We believe that allowing individuals to limit of $15,000 domestically and $25,000 immediate health care needs of people af- preserve their private insurance coverage is abroad. These limits were drastically raised fected by this disaster. an important principle. The bill that you op- to $250,000. While we understand the need for We have, however, chosen different paths pose, the Emergency Health Care Relief Act, increased credit limits to help deal with a for achieving our shared goal. We have intro- provides for Disaster Relief Fund so that disaster of Katrina’s magnitude, any in- duced and sought to pass the Emergency people may keep private coverage. Your crease should address the problem at hand, Health Care Relief Act, S. 1716, which would waiver process does not appear to provide for not create new ones. provide immediate coverage for a temporary assistance to people wishing to keep private We truly believe that we have similar in- period for Americans displaced by Hurricane coverage except perhaps through the uncom- terests in assisting people displaced by this Katrina, directly assist the states of Lou- pensated care fund which we have already es- disaster. While we are troubled that you isiana, Mississippi and Alabama, and provide tablished has no money. Do you oppose pre- have chosen to oppose our effort, we will a means for survivors to retain private serving private coverage for Katrina sur- continue to work with you to meet our com- health insurance coverage. We believe that vivors? mon goal. In that spirit, we respectfully re- this program can be very quickly and effi- 5. We believe that the welfare provisions of quest that you respond to the questions by ciently implemented by the Department. We S. 1716 are very important. Though H.R. 3672 this Friday, September 30, so that we may have noted your opposition to our bill and the TANF Emergency Response and Recov- better understand how you intend to pro- are puzzled at how you expect to achieve our ery Act of 2005 (Public Law 109–68) makes ceed. shared goal through the Department’s waiv- some modest progress towards getting states Sincerely, er process. Specifically, we would raise the the help they need to provide vital support CHARLES E. GRASSLEY. following questions: services to evacuees and those in the directly MAX BAUCUS. 1. After the September 11, 2001, attacks on impacted states, we remain concerned that Mr. BAUCUS. That letter points out New York City, the Department quickly ap- P.L. 109–68 falls short in several ways. Work- proved a waiver to provide Medicaid cov- ing in close conjunction with members from the glaring defects of the waiver proc- erage for New Yorkers, even those not nor- the directly affected states, the Senate bill ess the administration talks about. mally eligible for Medicaid, for a temporary makes a number of improvements to P.L. First, the Government is amorphous, basis. While you refer to the coverage pro- 109–68. P.L. 109–68 limits assistance to non- as I said. Second, the waiver kind of vided through the waiver program as ‘‘com- recurrent short-term cash benefits S. 1716 al- promises money to hospitals for un- prehensive relief,’’ the waiver in Texas does lows funding to be available for any allow- compensated care. It does not say how not provide for the same eligibility for able TANF expenditure. We understand that Katrina evacuees as was provided through it is going to happen. It is very un- states would like the flexibility to use these clear. It is very amorphous. the New York waiver. Could you please ex- funds to provide non-cash services such as plain to us why the Katrina evacuees do not employment readiness and job training for a I might say, at that point, for 9/11 deserve the same assistance provided the period of time that is not limited to four FEMA was billed for several items, and people of New York. months. Do you agree that it is appropriate FEMA did not pay for it. In this case 2. Your waiver process appears to con- to give states the greatest amount of flexi- the administration, in the waiver proc- template having those Katrina evacuees bility to serve the broad needs of these fami- ess, says, well, there might be some without health care coverage covered by an lies? Additionally, the Senate bill lifts the uncompromised care fund. Providers will money for hospitals for all the uncom- ‘‘cap’’ on the Contingency Fund which would provide charity care and then seek reim- pensated care they have provided. It is direct additional resources to states that are bursement from the uncompensated care a promise. Who knows if it is empty or providing services to Katrina survivors. Do fund. This raises numerous questions for us. you agree that states should be confident not empty. There are no dollars behind First, how does the Department believe it that they will be reimbursed for the costs of it. has the statutory authority to provide fund- helping these families? We have dollars in our legislation. It ing for this uncompensated care fund when 6. We note that in your letter, you took is $800 million. It goes for uncompen- we believe it is fairly obvious the Depart- special exception to the provision in Title sated care to hospitals. You talk to the ment does not have statutory authority to II—TANF RELIEF that would allow states, administrators of the hospitals in these do so? Second, it is unclear to us how much such as Tennessee, that are currently draw- money will be needed for the uncompensated areas—Louisiana, New Orleans; other ing down Contingency Funds in order to States, Arkansas, Texas—that are care fund for Texas and all other host states. meet the needs of their existing caseload to How much money does the Department an- also qualify for the Contingency Fund in overwhelmed—and most of this is un- ticipate needing for the fund? Finally, the order to meet the needs of evacuees. Are we compensated care—they need help. We Medicaid program has known costs, payment to infer from your letter that states like are providing it in this bill, $800 mil- rates and control systems, which is why we Tennessee should be prohibited from access- lion. sought to use the Medicaid program for the ing the Contingency Fund to provide services We also provide help for people who temporary assistance program. How does the to evacuees simply because of a dire state Department plan to control expenditures for need care, who do not have health in- fiscal condition that made them eligible for surance, who live up to 100 percent of the uncompensated care fund to protect the Contingency Fund under existing law? against fraud and abuse? What account- We would also like to bring to your atten- poverty. They are not wealthy people: ability measures will apply to these new tion certain provisions of our bill that we only up to 100 percent of poverty, and funds? would be surprised to find the Department 200 percent of poverty for mothers who 3. The states of Louisiana, Mississippi and opposes. have children, pregnant women and Alabama have suffered tremendous devasta- The bill provides the Secretary with the children. That is not very much. But tion that will drastically affect their ability authority and funding to assist providers no, we cannot pass that. Senators say to meet state obligations, including their whose ability to stay in business has been share of Medicaid. The Department’s waiver that is too much. That might be waste- jeopardized. We consider it critical that hos- ful. process simply bills claims for Katrina evac- pitals, physician practices and other pro- uees in Texas (and other host states) back to viders get immediate assistance so that they I don’t get it. I don’t get it. It re- Louisiana, Mississippi and Alabama. When may continue to function. If the doors close minds me of when I graduated from the bill comes due for those claims we would on a hospital, it makes rebuilding that com- high school. This fellow sent me a con- anticipate that the Department is going to munity that much more difficult. We hope gratulation card for graduating from expect payment since the Department does you would agree. high school. He said basically: Con- not have the statutory authority to waive 2. The bill provides additional assistance gratulations, and all this stuff. He said: those payments. Will the Department be for people who have lost their job through Best of luck in those interstitial spaces seeking a statutory response or does the De- extensions of unemployment insurance. We partment believe that the affected states do feel that it is appropriate and necessary. when your brain runs against headlong not need assistance? If the Department does 3. The bill provides additional funding for perversity. This is one of those inter- support relieving Louisiana, Mississippi, and the Office of the Inspector General to ensure stitial spaces in the sense that I don’t Alabama of some portion of the state share that relief funds are appropriately spent. We get it. I can’t fathom why people would requirement, what is your projection for the certainly hope you approve of that provision. not want to get this passed. cost of the assistance you might provide 4. The bill protects the taxpayer by reduc- We can go to conference. We can those states? New York provided disaster re- ing the micro-purchase threshold which lim- modify this bill in conference if there lief Medicaid after September 11, with the its purchases made outside of existing fed- hope that their state match costs would be eral procurement laws. These purchases are are real problems. That is what we do paid for through FEMA grants, but they are commonly made through the use of govern- around here. If something is not per- still appealing FEMA’s denial of payment ment credit cards, a medium which has a his- fect—nothing is ever perfect—you don’t and have not received any funds. What assur- tory of fraud, waste and abuse of taxpayer let perfection be the enemy of the good

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE S10582 CONGRESSIONAL RECORD — SENATE September 28, 2005 around here. We go to conference. By Katrina have been denied coverage. down and argue about this, while the that time, little wrinkles crop up, lit- The waiver process is not going to help people need health care? I don’t get it. tle problems. We take care of them in that out because the eligibility re- At the same time the administration conference. No, we can’t do that. We quirements are not raised. Most of has asked for the three most affected can’t even pass the legislation. Some these people are denied because they States to sign a memorandum of under- Senators say: No, we can’t pass it. don’t meet the eligibility criteria. standing making them financially re- Wrong. Take it out of FEMA. It won’t Adult Katrina survivors need access sponsible for paying the cost of evac- work. For the life of me, I don’t under- to health care. A recent study of uees’ care in other States. Louisiana, stand why we are here. Katrina evacuees in Houston shelters Mississippi, Alabama need our help, One small example, not so small for found that most of the adult evacuees not more bills to pay—not now. We Tina. Who is Tina? Tina Eagerton is a without children were uninsured. could straighten that out later. lady who fled Louisiana 7 months preg- Among those, more than 40 percent re- It is an outrage that a small number nant but could not find a Florida doc- ported having a chronic condition. A of willful Senators continue to stall tor who would accept her Louisiana third reported having trouble getting this bill. Hurricane Katrina’s health Medicaid card, wouldn’t do it. With the prescription drugs they need. I costs continue to spill in waves across this legislation, Tina can get some can’t believe it. What is going on here? the gulf coast region. Victims continue help. Differentiating among individuals to suffer without proper medical care. I can talk about Rosalind Breaux, during this time of need is not right. Our bill will restore immediate access who has colon cancer and was sched- This isn’t legislation that is usual; this to basic health care. Our bill would re- uled for her third round of chemo- is an emergency. People need health lieve the financial burden health care therapy on August 31, the day after the care right now. Katrina did not dif- providers have shouldered. We must flooding began. Her husband has lost ferentiate. Katrina hit all the residents act. Thus, at the appropriate time, I in- his job. There is no health insurance. of the gulf hard. We should not dif- tend to join with my colleagues and Rosalind is in a real bind. ferentiate in our efforts to help those ask unanimous consent for the Senate I mentioned the letter the adminis- in need. to pass our bill. tration has sent. The Senator from Ari- The second key difference between In fact, I do so now. I ask unanimous zona has mentioned that letter. I also the administration’s policy and what consent that the Senate proceed to the mentioned the letter we sent in re- our bill does is the funds provided to immediate consideration of Calendar sponse, the chairman of the committee, defray the cost of uncompensated care No. 214, S. 1716; that the Grassley-Bau- Senator GRASSLEY, and I. That letter that thousands of health care providers cus substitute amendment which is at from the administration says the ad- across our Nation are giving to Katrina the desk be considered and agreed to, ministration claims it can provide re- survivors. I have already mentioned that the bill as amended be read a third lief without the need for congressional that. Let me repeat that point. The ad- time, passed, and that the motion to action. It can’t. I must also say they do ministration has said it will provide an reconsider be laid on the table, and not have the authority. They do not uncompensated care fund. But the ad- that all of this occur with no inter- have the authority to provide addi- ministration, in this waiver letter re- vening action or debate. The PRESIDING OFFICER. In my tional appropriations. That takes an ferred to on the floor a few minutes capacity as a Senator from Oklahoma, act of Congress. They say, apparently, ago, has not given any further informa- I object. by implication, they do not need any tion about how much would be pro- Objection is heard. The unanimous dollars. That is the implication of that vided, not one iota, whether it be $1 or consent request is not agreed to. process. They don’t appropriate dol- zero dollars. The administration has The Senator from Iowa. lars. It is against the law. We have to not even given information about how do that. They do not want us to do it. it will be spent. f The waivers, I might say, also limit By contrast, the Grassley-Baucus bill MORNING BUSINESS eligibility for Medicaid coverage to includes an uncompensated care fund Mr. GRASSLEY. Mr. President, I ask only those groups of people tradition- of up to $800 million to be spent on unanimous consent that there now be a ally eligible for Medicaid. Adults with- compensating those health care pro- period of morning business with Sen- out children, no matter how poor they viders—that is, hospitals—who have ators permitted to speak for up to 10 are, or how much they need health seen a dramatic increase or drop in minutes each. care, would not be covered under the their patient load as a result of The PRESIDING OFFICER. Without administration’s waiver policy sug- Katrina. The administration promises, objection, it is so ordered. gested by the letter the Senator from but under our bill, there would be no f Arizona mentioned. doubt. We would be there. It is not The woman with diabetes would not words but deeds. The administration is NATIONAL SECURITY LETTERS be covered. She would not be covered. words. Our legislation is deeds. It is AND PATRIOT ACT REAUTHOR- Diabetes is a very time-sensitive ill- getting it done. IZATION ness. Limiting access to benefits in the Third, our bill provides 100 percent Mr. DURBIN. Mr. President, the USA waiver would mean leaving tens of Federal funding for all evacuees cov- PATRIOT Act greatly expanded the thousands of Katrina victims without ered under Medicaid, wherever they Government’s authority to use na- aid. are, and for the affected States. By tional security letters, documents After Katrina, Louisiana dispatched contrast, the administration’s waiver issued by FBI agents without judicial Medicaid eligibility workers to more policy promises to make States whole. or grand jury approval that allow the than 200 shelters to enroll evacuees in What does that mean? I have serious Government to obtain sensitive infor- Medicaid. Of the 4,000 potentially eligi- questions about how they can deliver mation about innocent American citi- ble families screened in these shelters, on that without legislation, because it zens. The recipient of a national secu- more than 1 in 5 were screened out as is unclear that the administration rity letter is subject to a permanent ineligible. They did not meet Louisi- could, under its current statutory au- automatic gag order. ana’s traditional eligibility rules—1 thority, provide these additional funds The Justice Department claims that out of 5. No help there. One out of five: to States. I referred to that earlier. I they are not interested in the library You do not meet the traditional don’t think they have the legal author- records of innocent Americans. How- screening test. ity to provide additional funds. I have ever, they acknowledge that they do Our legislation would address that. no doubt they intend to do so. I am not know how often FBI agents have One out of every three people who have sure they do. Why wouldn’t they? I just obtained library records since enact- applied for Medicaid in Louisiana fol- do not believe they have the legal au- ment of the PATRIOT Act. And just 3 lowing Katrina have been denied cov- thority to do so. So why should we get weeks ago, the Justice Department erage. Let me repeat that. One out of involved in this legal morass—do they again refused my request to make pub- every three people who applied for have the authority; do they not have lic the number of national security let- Medicaid in Louisiana following the authority? Are we going to sit ters that FBI agents have issued since

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE September 28, 2005 CONGRESSIONAL RECORD — SENATE S10583 the PATRIOT Act became law. As a re- guage provided to the committee ear- that provides benefits to employees sult, the American people have no idea lier this year, a simple 10-year exten- who may be impacted. how often the FBI is using this con- sion of current law. The committee greatly appreciates troversial power to obtain their sen- The Agriculture, Nutrition, and For- the work provided by GIPSA, and we sitive personal records, including li- estry Committee held a hearing to re- are pleased to extend the authorization brary records. view the U.S. Grain Standards Act on of current law for 10 years. I commend our Nation’s librarians May 25, 2005. Testimony provided on I ask unanimous consent that the for defending our Constitution and behalf of the National Grain and Feed letter to which I referred be printed in leading the fight to reform the PA- Association and the North American the RECORD. TRIOT Act. Unfortunately in the past Export Grain Association highlighted There being no objection, the mate- this Justice Department has criticized industry’s desire to be cost-competitive rial was ordered to be printed in the librarians for exercising their first and remain viable for bulk exports of RECORD, as follows: amendment rights. Now they have gone U.S. grains and oilseeds in the future. THE SECRETARY OF AGRICULTURE, Specifically, these organizations pro- Washington, DC, September 21, 2005. even further—preventing a librarian Hon. SAXBY CHAMBLISS, from speaking publicly about a legal posed the U.S. Department of Agri- Chairman, Committee on Agriculture, Nutrition, challenge to the national security let- culture’s, USDA, utilization of third- and Forestry, U.S. Senate, Washington, DC. ter power. party entities to provide inspection DEAR MR. CHAIRMAN: This is in response to In our democracy, the government is and weighing activities at export fa- your letter of this date, also signed by Bob supposed to be open and accountable to cilities with 100-percent USDA over- Goodlatte, Chairman of the U.S. House of the people and the people have a right sight using USDA-approved standards Representatives Committee on Agriculture, and procedures. Support for this pro- posing two questions regarding legislation to keep their personal lives private, which is currently pending before the Con- This Justice Department seems to posal in the hearing was provided by gress. The legislation would reauthorize, for want to reverse this order, keeping the American Farm Bureau Federa- an additional period of years, the United their activity secret and prying into tion, American Soybean Association, States Grain Standards Act, 7 U.S.C. §§ 71 et the private lives of innocent American National Association of Wheat Grow- seq. (Act), which is presently scheduled to citizens. ers, National Corn Growers Associa- expire on September 30, 2005. Your questions The President has asked Congress to tion, National Grain Sorghum Pro- and our responses are as follows: ducers, and the American Association 1. Would existing authority under the U.S. reauthorize the PATRIOT Act. In order Grain Standards Act allow USDA to use pri- to have a fully informed public debate, of Grain Inspection and Weighing vate entities at export port locations for the American people should know how Agencies. Testimony provided by grain inspection and weighing services? often the national security letter au- USDA stated that the ‘‘proposal of the Response. The Act currently authorizes thority has been used and they should industry establishes a framework for the Secretary of Agriculture to contract be able to hear from librarians and oth- changing the delivery of services with- with private persons or entities for the per- ers who are concerned about this out compromising the integrity of the formance of inspection and weighing services official system.’’ at export port locations. See 7 U.S.C. power. §§ 79(e)(I), 84(a)(3). f During the hearing, the Committee 2. If so, how would USDA implement this also learned of workforce challenges authority? LOCAL LAW ENFORCEMENT currently facing the U.S. Department Response. The Act currently authorizes ENHANCEMENT ACT OF 2005 of Agriculture’s Grain Inspection, the Secretary to contract with a person to Mr. SMITH. Mr. President, I rise Packers and Stockyards Administra- provide export grain inspection and weighing today to speak about the need for hate tion, GIPSA. The majority of official services at export port locations. The Grain crimes legislation. Each Congress, Sen- grain inspectors will be eligible for re- Inspection, Packers and Stockyards Admin- tirement over the next several years. istration (GIPSA) has reserved this author- ator KENNEDY and I introduce hate ity to supplement the current Federal work- crimes legislation that would add new Testimony presented explained that force if the workload demand exceeded the categories to current hate crimes law, transitioning the delivery of services capability of current staffing. GIPSA has sending a signal that violence of any through attrition would minimize the also considered use of this authority as one kind is unacceptable in our society. impact on Federal employees. of several options to address future attrition Likewise, each Congress I have come to Since the hearing, I have extensively within the Agency and to address expanded the floor to highlight a separate hate reviewed legislative proposals and disservice demand as several delegated States crime that has occurred in our coun- cussed the issue of improved competi- have decided or are considering to cancel tiveness with various Senators, organi- their Delegation of Authority with GIPSA. try. In accordance with federal contracting re- On June 1, 2004, a man was attacked zations, and USDA. Chairman BOB quirements, GIPSA would contract with a and stabbed by three men in the down- GOODLATTE of the House Agriculture person(s) (defined as any individual, partner- town area of Seattle, WA. The apparent Committee and I wrote to USDA to de- ship, corporation, association, or other busi- motivation for the attack was sexual termine if they had existing authority ness entity) to provide inspection and weigh- orientation. to use private entities at export port ing services to the export grain industry. I believe that the Government’s first locations for grain inspection and The person(s) awarded the contract would duty is to defend its citizens, to defend weighing services, and if they did, how adhere to all applicable provisions of the Act they would implement this authority. to ensure the integrity of the official inspec- them against the harms that come out tion system during the delivery of services of hate. The Local Law Enforcement Accompanying this statement is a to the export grain industry. The person(s) Enhancement Act is a symbol that can copy of the letter we received from would charge a fee directly to the export become substance. I believe that by USDA responding to our questions. The grain customer to cover the cost of service passing this legislation and changing letter clearly states that the U.S. delivery and the cost of GIPSA supervision. current law, we can change hearts and Grain Standards Act ‘‘currently au- Contract terms would require reimburse- minds as well. thorizes the Secretary of Agriculture ment to GIPSA for the cost of supervising the contractor’s delivery of official inspec- f to contract with private persons or entities for the performance of inspection tion and weighing services. U.S. GRAIN STANDARDS ACT GIPSA would comply with OMB Circular and weighing services at export port lo- No. A–76 for any contracting activity that Mr. CHAMBLISS. Mr. President, I cations.’’ The letter further explains may replace or displace federal employees. am pleased that the Senate passed that GIPSA considers the use of this The Circular would not apply if the contract S.1752, a bill to reauthorize the U.S. authority as an option to address fu- for outsourcing services intends to fill work- Grain Standards Act. I understand that ture attrition within the Agency and force gaps, not affect Federal employees, or the House of Representatives is sched- to address expanded service demand. I supplement rather than replace the federal uled to consider this legislation today fully expect USDA to use this author- workforce. The A–76 process typically takes ity in a manner that improves competi- two years and involves an initial cost-bene- and look forward to its swift approval, fits analysis, an open competitive process, as the act expires September 30, 2005. tiveness of the U.S. grain industry, and an implementation period. This reauthorization bill is identical that maintains the integrity of the I hope that the explanations provided to the administration’s requested lan- Federal grain inspection system, and above are fully responsive to the questions

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE S10584 CONGRESSIONAL RECORD — SENATE September 28, 2005 you have asked. A similar letter is being With this stamp every dollar we con- around the country that would now resent to Chairman Goodlatte. tinue to raise will help save lives until port to the Defense Logistics Agency. Sincerely, a cure is found. The consolidation of inventory control MIKE JOHANNS, Again, I thank my colleagues for sup- point functions would affect 52 people Secretary. porting this important legislation to at TACOM Rock Island and was not f extend the breast cancer research challenged by the community. How- BREAST CANCER RESEARCH stamp for 2 more years. ever, the DOD recommendation then, STAMP REAUTHORIZATION ACT f puzzlingly, proposed to move the rest OF 2005 of the approximately 1,000 employees of THE 2005 BRAC PROCESS Mrs. FEINSTEIN. Mr. President, I TACOM Rock Island to the TACOM Mr. GRASSLEY. Mr. President, I rise rise today to thank very much all of Headquarters at the Detroit Arsenal in my colleagues for their support in ex- to speak on the Base Realignment and Michigan. The facilities at the Detroit Arsenal tending the Breast Cancer Research Closure, or BRAC, process that oc- are already strained to capacity. The Stamp for another 2 years. curred this year. I have always voted base is encroached on all sides and has This bill has the strong bipartisan to authorize base closure rounds in def- no room to grow. In fact, the Detroit support of Senator HUTCHISON and 68 erence to the Department of Defense’s Arsenal is rated far lower in military other Senators from both sides of the stated need to restructure our military value than the Rock Island Arsenal. aisle. facilities to meet current and future Without congressional action, this needs. Nevertheless, the ceding of sig- Moving in 1,000 new employees will re- extraordinary stamp is set to expire on nificant authority by Congress to an quire major military construction. December 31 of this year. independent commission is an extraor- That includes building two parking ga- During the past 7 years, the U.S. dinary step that should not be under- rages to replace the already limited Postal Service has sold over 650 million taken frequently or lightly. When Con- parking space that would be used up. semipostal breast cancer stamps—rais- gress does lend its power to an inde- What’s more, because of higher locality ing $47.4 million for breast cancer re- pendent commission, we retain the re- pay in the area, it will cost signifi- search. sponsibility to closely monitor the cantly more in the long term to pay These dollars allow the National In- commission’s deliberations and ac- those employees at the new location. stitutes of Health, NIH, and the De- tions. I have done so with respect to You also lose some unique facilities partment of Defense, DOD, to conduct the 2005 BRAC Commission, naturally currently used by TACOM Rock Island, like a machine shop and live fire range. new and innovative breast cancer re- paying the closest attention to the In addition, there will be no space to search. issues before the Commission that af- house the outside contractors cur- So far the NIH has received approxi- fect Iowans. rently embedded with TACOM Rock Is- mately $31 million and the DOD about My observation of the Commission’s land, who would also need to move but $13 million for breast cancer research— final deliberations raised some con- aren’t counted in the BRAC data. helping more people become cancer cerns about the information and rea- survivors rather than cancer victims. The Quad Cities community chal- soning used in making its decisions. I lenged this proposed move on the basis In addition to raising much needed followed up with a letter to the Com- funds, this wonderful stamp has also of military value, and the enormous mission to clarify these concerns and costs both up front and in the long run. focused public awareness on this dev- have recently received a response that astating disease and provided hope to In fact, the move would cost the tax- did nothing to allay my concerns. As a payers millions of dollars more out breast cancer survivors to help find a result, I have now concluded that I do cure. into the future. This point was made not have full confidence that this was a clear when Commissioner Skinner vis- The breast cancer research stamp is thorough and fair process. the first stamp of its kind dedicated to ited the Rock Island Arsenal. It fea- A joint resolution to disapprove the tured prominently in my testimony be- raising funds for a special cause and re- 2005 BRAC recommendations has been mains just as necessary today as ever. fore three BRAC Commissioners at the introduced in the House and has just regional hearing in St. Louis. My col- For example: breast cancer is consid- been marked up by the House Armed ered the most commonly diagnosed leagues, Senators DURBIN, OBAMA, and Services Committee. It will now be HARKIN and Representative EVANS also cancer among women in every major considered under expedited procedures. ethnic group in this country; over 2 made this point at the regional hear- I would urge my colleagues in the ing. This was followed by a detailed million women in the U.S. are living House to approve this resolution. Obvi- with breast cancer, 1 million of whom presentation by community represent- ously, if this resolution is not approved have yet to be diagnosed; this year, ap- atives. Members of our bistate congres- by the House, Senate action will be proximately 211,240 women in this sional delegation reinforced this point meaningless. But, if the Senate does country will get breast cancer and in follow-up phone calls to commis- take up such a resolution, I will vote to about 40,410 women will die from this sioners. Finally, community represent- disapprove the 2005 BRAC recommenda- dreadful disease; and about 1,300 men in atives and congressional staff met with tions. America are diagnosed with breast can- the BRAC Commission staff to make The BRAC Commission is charged cer each year though much less com- sure they knew about the costs. with reviewing the recommendations of mon. When it came time for the final de- Extending the life of this remarkable the Department of Defense and altering liberations, the Commission considered stamp is crucial so that we can con- those recommendations if they are the TACOM move with the consolida- tinue to reach out to our women and found to deviate substantially from the tion of inventory control point func- men who do not know of their cancer BRAC criteria. On that basis, the Quad tions. I question this approach to start and to those who are living with it. Cities community in Iowa and Illinois with since the TACOM move was com- This bill would permit the sale of the challenged some recommendations for pletely unrelated to the other moves in breast cancer research stamp for 2 the Rock Island Arsenal and did not the recommendation. It was obvious by more years—until December 31, 2007. challenge others. Commissioner Skinner’s questions to The stamp would continue to have a One issue on which I thought we had the BRAC staff that considering these surcharge of up to 25 percent above the a clear-cut case of a substantial devi- unrelated moves in one recommenda- value of a first-class stamp. ation of the BRAC criteria was the pro- tion confused the commissioners. Com- Surplus revenues would continue to posed move of the U.S. Army Tank- missioner Skinner asked twice how the go to breast cancer research programs Automotive and Armaments Command, move being considered would affect an- at the National Institutes of Health, 70 or TACOM, organization at the Rock other move from the Rock Island Arse- percent of proceeds, and the Depart- Island Arsenal to the Detroit Arsenal. nal to the Detroit Arsenal that he be- ment of Defense, 30 percent of proceeds. This proposal was essentially a foot- lieved would be considered separately. This bill does not affect any other note to a consolidation of what is He had to be corrected twice by staff semipostal proposals under consider- called inventory control point func- who explained that it was all part of ation by the Postal Service. tions from 11 separate organizations one recommendation.

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE September 28, 2005 CONGRESSIONAL RECORD — SENATE S10585 Furthermore, despite all the brief- ner should have known the most about were given fair and equal consider- ings from the community, the BRAC this proposed move from his site visits ation. The Commission even questioned staff presented a summary of the com- to both the Rock Island Arsenal and the sites chosen by DOD as receiving munity’s concerns that omitted the the Detroit Arsenal, but his statement sites based on higher costs and lower critical issue of the long-term costs of is inaccurate. It seems clear from this value. Yet, in the end, the Commission the move. The summary’s only ref- quote that he was misled by relying on chose to rearrange the sites to receive erence to cost was a relatively minor the faulty presentation by the BRAC the consolidation and keep open two concern that the number of positions staff. smaller sites with lower value than to move were underestimated. When Of course, while cost is a major con- Rock Island. At a minimum, the Com- Commissioner Skinner asked how in- sideration in BRAC, it is not the only mission should have voted to keep open creased estimates of the military con- consideration. Still, if a recommenda- the Defense Finance and Accounting struction costs at the Detroit Arsenal tion contains significant costs, like the Service at the Rock Island Arsenal would affect the payback, the BRAC TACOM move, there must be a very based on the same fairness consider- staff responded that ‘‘Payback with the compelling case for an increase in mili- ation as the Civilian Personnel Oper- new scenario, new MILCON, is $1.8 bil- tary value to justify the costs. In this ations Center. Ideally, it should have lion savings over 20 years, still a large case, I think it is clear that more is chosen the Rock Island Arsenal as a re- savings.’’ However, that figure refers to lost in terms of military value than is ceiving site. the entire recommendation package, gained. Moreover, the Commission I knew going into this BRAC process not just the otherwise unrelated never got to this point since the BRAC that the Rock Island Arsenal could lose TACOM move. I believe that response staff represented that the move was jobs. In fact, I am relieved that DOD by the BRAC staff was intellectually justified based on cost. did not recommend full closure as first dishonest and misleading. I don’t believe that DOD made this contemplated. Moreover, as I testified The disturbing fact is that the recommendation based on a conclusion before the BRAC Commission, if it was TACOM move will actually squander that consolidating TACOM in one loca- determined that an organization would $128.23 in taxpayer money. I pointed tion would increase military value in be more efficient and less expensive out this problem in a message deliv- the first place. Several smaller compo- somewhere else, then I could have lived ered to Commissioner Skinner before nents of TACOM in other locations with that. On this basis, I was even pre- the Commission’s final vote on the were not proposed for consolidation. pared for the BRAC Commission to dis- BRAC report, but no action was taken. Still, if there was a compelling case for agree with my assessment about the Only after the final vote has the Com- merging the two TACOM organizations proposals for the Rock Island Arsenal mission admitted to me in a letter that together, then why wasn’t the Rock Is- that I didn’t think made any sense. the TACOM move, taken by itself, land Arsenal considered as a receiving However, what I saw in the BRAC would cost $128.23 million over the 20 site? The Rock Island Arsenal could ac- Commission’s final deliberations took year time frame used in their estimate. commodate all the personnel at Detroit me by surprise. The Commission did The Commission’s letter also con- Arsenal without major military con- not refute the concerns raised by the firmed that the Commissioners were struction, possibly even allowing De- community. No evidence was produced never briefed about the cost of the troit Arsenal to be closed entirely. The that the TACOM move made economic TACOM move by itself. Rock Island Arsenal was never consid- sense or would be more efficient. In- In its response to me, the BRAC ered as a receiving installation by DOD stead, the staff gave a misleading pres- Commission continued to justify con- since it was assumed to be closing dur- entation that gave the impression that sidering the cost of the TACOM move ing much of DOD’s internal BRAC the move made economic sense when it in terms of the net present value of the process. did not, based on the data used by the entire recommendation. However, in In fact, the preliminary assumption Commission. That doesn’t mean I ab- reference to another portion of the that the Rock Island Arsenal would solve the Commissioners from respon- same recommendation regarding a close is why it was not considered as a sibility in this either. Four of them cryptological unit at Lackland Air receiving site for the consolidation of had seen a presentation by the commu- Force Base, the slide used by the BRAC the Defense Finance and Accounting nity and all of them had been con- staff for its presentation read, ‘‘The ex- Service, Installation Management tacted by Members of Congress. They tent and timing of potential costs out- Agency, and Civilian Personnel Oper- had a responsibility to challenge the weigh potential savings with no pay- ations Center. In the case of the Civil- staff when the staff analysis didn’t back of investment.’’ The same could ian Personnel Operations Center, the match what they had heard previously. have been said about the TACOM por- BRAC staffer who presented this issue In this respect, both the BRAC staff tion of the recommendation. The Com- to the Commission pointed out that and the Commissioners failed in their mission then voted to overturn the por- this was not fair and equal treatment, responsibilities. In the end, what I have tion of the recommendation to realign which is a violation of the BRAC rules. seen has caused me to lose confidence Lackland Air Force Base. In this case, The Commission then voted to over- in the work of the BRAC Commission. the Commission did consider one por- turn the recommendation based on the As a result, I cannot endorse their final tion of the larger recommendation sep- fairness issue. I asked the BRAC Com- product. I ask unanimous consent to have the arately, including a staff analysis of mission to answer why this same logic Rock Island Argus article to which I the payback for just that portion of the did not apply to their actions in each referred printed in the RECORD. recommendation, and voted to over- of these areas. The response stated There being no objection, the mate- turn that component of the larger rec- that each recommendation was devel- rial was ordered to be printed in the ommendation. The Commission’s jus- oped and briefed separately by DOD RECORD, as follows: tification for its failure to do so with supporting different initiatives. This SKINNER: ARSENAL DODGED A BULLET respect to the TACOM portion of that does not answer my question as to why (By Edward Felker) recommendation therefore falls flat. the Commission did not overturn each In fact, there is evidence that the se- of these recommendations on the basis WASHINGTON—BRAC Commissioner Samuel K. Skinner on Thursday said the Rock Island lective presentation of facts by the of fairness as they did, rightly, with Arsenal ‘‘dodged a major bullet’’ in the base BRAC staff resulted in Commissioners the Civilian Personnel Operations Cen- closing process by losing jobs but not closing misunderstanding the issue when vot- ter. completely. ing. In justifying his decision on the For instance, like the Civilian Per- During a brief interview, Mr. Skinner, who TACOM move in an interview with the sonnel Operations Center at the Rock visited the Arsenal on behalf of the commis- Rock Island Argus, Commissioner Island Arsenal, the Defense Finance sion, defended the panel’s vote to send 1,129 Skinner said of the BRAC staff’s anal- and Accounting site was ranked No. 1 Quad-Cities jobs to the Detroit Arsenal. The ysis, ‘‘They said there’s still signifi- in military value of all such sites. panel approved the move despite protests that the transfer will cost too much and not cant payback by doing that and that Given the low labor costs and room to further Army integration. was the major objection that they (the expand, it would be an ideal location to Mr. Skinner said that he looked into argu- community) had.’’ Commissioner Skin- which to consolidate other sites if it ments that the Detroit Arsenal did not have

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE S10586 CONGRESSIONAL RECORD — SENATE September 28, 2005 the space for the incoming workers, but was formance by reviewing and providing to the U.S. Mission where we met with satisfied that additional construction costs recommendations to retain, restruc- James Cason, our chief of mission, and will not hamper expected savings to the tax- ture, or end Federal agencies or pro- members of his staff. I started off the payers. grams. Congress and the President meeting by asking my hosts if Cuba ‘‘They said there’s still significant payback by doing that,’’ he said of the BRAC would enact a 10-year schedule for the could help the U.S. combat the smug- staff’s review of the move, ‘‘and that was the administration to assess the perform- gling of illegal drugs into our country. major objection that they had.’’ ance of all Federal agencies and pro- Mr. Rod Rojas of the U.S. Coast Guard, He said the commission felt it was only grams. Acting on those assessments, who currently serves as the U.S. Drug fair to keep open the Arsenal’s 251-job Civil- the seven-member bipartisan sunset Interdiction Specialist based in Ha- ian Personnel Office and Civilian Human Re- commission, appointed by the Presi- vana, noted that there is a good work- source Agency. It was originally slated to dent in consultation with Congress, ing relationship between the Coast move to Fort Riley, Kan., as part of a sweep- will recommend ways to improve effec- Guard and the Cuban Border Guard on ing consolidation of defense personnel offices. tiveness and spend taxpayer dollars drug issues. It primarily takes the But Mr. Skinner urged the panel to delete more wisely. form of the Cubans sharing informa- it because it was targeted as part of a com- The commission will provide an im- tion with the United States as to sus- plete closure of the Rock Island Arsenal, and portant framework to facilitate the re- picious ships passing through its terri- the move was never re-examined after the form, restructuring, or possible elimi- torial waters. The United States then Pentagon decided to keep the Arsenal open. nation of those agencies or programs interdicts these ships when they cross ‘‘They had no chance to be heard, it wasn’t unable to demonstrate expected per- into U.S. waters. While the number of even considered, and on that basis it wasn’t formance results during their sched- such reports has fallen in recent years, fair. So we got a little life,’’ Mr. Skinner uled review. It will also help to identify said. Mr. Rojas believes that this is a testa- He also defended the closure of the Arse- those programs that have achieved ment to the success of Cuban efforts: nal’s 301-job Defense Finance and Accounting their intended purposes or outlived now that they know they will be re- Service office. The commission voted to keep their usefulness. ported, drug smugglers seem to be other offices open that the Pentagon tar- A second key feature of this impor- avoiding Cuban waters. geted for closure, but Mr. Skinner said they tant measure is the creation of indi- These reports confirm my long-held were on bases of higher military and had the vidual results commissions targeted at view that we should be working more worst economic closure impact among DFAS specific programs or policy areas where closely with Cuba on drug interdiction locations. duplication and overlapping jurisdic- He said the overall result for the Arsenal efforts. This is why since 2001 I have was better than it could have been. ‘‘They tion hinder reform. Again, these seven- sought to include language in the For- dodged a major bullet. Not perfect, but it member bipartisan commissions, ap- eign Operations appropriations bill to could have been a lot worse.’’ pointed by the President in consulta- fund joint drug interdiction efforts be- tion with Congress, will consider ad- f tween our two countries. This language ministration proposals to improve the is in the Senate version of the fiscal GOVERNMENT REORGANIZATION performance of various programs and year 2006 bill, and I intend to press to AND PROGRAM PERFORMANCE agencies by restructuring and consoli- secure its retention in the bill through IMPROVEMENT ACT OF 2005 dation. This will reduce unnecessary conference. Mr. THOMAS. Mr. President, we are costs and waste paid for by the Amer- From this positive report on the drug facing times of record spending. ican taxpayer. interdiction situation, our conversa- Whether it is in the form of relief to We need to continue to evaluate the tion turned to a troubling report on the the hurricane ravaged gulf coast, fi- way the Federal Government operates current human rights situation in nancing the war on terrorism, or meet- and look for ways to make it more cost Cuba. Mr. Cason told us that there has effective for the long term. I believe ing our obligations to seniors with the been a deterioration of human rights in this legislation presents a good step to- Medicare prescription drug benefit, Cuba in recent years as Castro has ward dealing with the large number of Federal spending is higher now than cracked down on political dissidents. In Federal programs out there, many of ever. We have committed ourselves to 2003, Castro jailed 75 dissidents and has which are, frankly, wasteful and unnec- funding these priorities. thus far released fewer than 20 from essary. Many also duplicate other Fed- In doing so, I believe we must also this group. These arrests were followed eral, State and private efforts. S. 1399 look for ways to save in other areas to by others including the arrest of over provides a commonsense framework for offset some of these costs. I would 30 dissidents earlier this year. In addi- reorganization and review of Federal liken our current fiscal situation to tion to arrests, Castro has begun to programs, and provides for a way to that of any common American house- abolish them if determined unneces- employ other atrocious practices in- hold. When emergencies or unforeseen sary. cluding having dissidents assaulted on obligations arise, such as an illness or S. 1399 is a good government meas- the streets and generating demonstra- a major repair, you find a way to pay ure. It is about efficiency, account- tions at the homes of dissidents to pre- the bill. But in doing so, you must also ability to the American taxpayer, and vent them from stepping outside. look at your household budget and find identifying potential savings. It is a This repression has spread to the eco- places to save. fiscally responsible measure that will nomic realm as well. In the late 1990s, So I come to the Senate floor today provide a way for the Federal Govern- Castro had opened a very limited win- to speak a little bit about legislation I ment to save even as it meets its dow to free enterprise in Cuba by recently introduced to require regular spending obligations in the future. I in- issuing licenses for private businesses. review of Federal programs with the vite my colleagues to take a serious Had this trend continued, Cuba could goal of identifying areas where savings look at this proposal and to join me in have followed the path of China and can be made. S. 1399, the Government advancing this effort. Vietnam towards a limited market Reorganization and Program Perform- economy and higher living standards. f ance Improvement Act, will create the Instead, Castro has abandoned this lib- necessary mechanisms to require Con- AUGUST 2005 CODEL TO LATIN eralization and cut back the number of gress and the executive branch to regu- AMERICA licenses for private business. Both po- larly and formally examine whether Mr. SPECTER. Mr. President, from litically and economically, there are Federal programs and agencies are August 14 to the 22, I traveled to Latin signs that Cuba is going backwards. achieving, or have achieved desired re- America to investigate first hand im- Finally, our conversation turned to sults for the American people, and portant issues relating to national se- the issue of immigration. In an effort make the necessary adjustments. curity, immigration and the war on to provide a legal outlet for immigra- The bill would do this through the drugs. I would like to share the details tion and avoid the massive boatlifts of creation of a sunset commission and of this trip and some of the insights I the past, the United States allows individual results commissions. The gained with my colleagues. 20,000 Cubans to legally immigrate sunset commission would hold the Fed- On Sunday, August 14, we flew to Ha- every year. This number includes fam- eral Government accountable for per- vana, Cuba. Upon our arrival we drove ily reunifications, visas given out by

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE September 28, 2005 CONGRESSIONAL RECORD — SENATE S10587 lottery, and approximately 5,000 visas will not comment in this forum on care to third world countries. Castro granted to individuals accorded refugee what was said. After this meeting we discussed this topic at length, and it status because they are found to face returned to Havana. quickly became clear that he believes persecution if they remain in Cuba. Yet On Tuesday, August 16, we returned this effort will be his central legacy. this legal outlet is still overwhelmed to the U.S. Mission to meet with two Cuba, a country of 11 million, has 70,000 by the desire to leave Castro’s Cuba: brave Cuban dissidents: Vladimiro doctors due to Castro’s early emphasis every year thousands of Cubans who Roca and Martha Roque. Mr. Roca is on providing medical care to his own cannot secure these visas still come to the President of the Social Democratic people. Castro has in recent years the U.S. by sea and, increasingly, over- Party of Cuba. Knowing that I would started sending thousands of these doc- land via Mexico. meet with President Castro later in my tors abroad to help serve the under- On Monday, August 15, we returned trip, I felt it important to meet with privileged. Venezuela is the leading re- to the airport in the morning and flew the dissidents so that I would hear cipient of this medical largesse and an hour and a half from Havana down from both sides. I learned after my hosts the majority of Cuba’s overseas to our military base at Guantanamo visit that the Governor of Nebraska, medical corps. According to Castro, Bay. Upon arrival we were met by who was in town at the same time I Cuban doctors in Venezuela live and White House Counsel Harriet Miers, was, also met with Castro but declined work in the slums and provide crucial Department of Defense General Coun- to meet with the dissidents. medical care to those who would other- sel Jim Haynes, and a contingent of my Since political parties are banned in wise go without. For example, Castro Judiciary Committee staff. The base Cuba, Mr. Roca’s ‘‘party’’ has only 35 told us that 6,000 Cuban eye doctors commander, MG Jay Hood, greeted us members. Mr. Roca was jailed by Cas- will perform 100,000 eye operations on all and loaded us into a boat for the tro for 5 years from 1997 to 2002 for poor Venezuelans this year. In addition trip across the inlet from the airstrip criticizing his government. Yet Mr. to providing care, Castro told us that to the operational center of the base. Roca continues to speak out and to his doctors also provide an education, Our visit began with a briefing by criticize the regime. Although free, Mr. teaching Venezuelans to be doctors Roca has been the subject of intimida- General Hood and members of his staff both in Venezuela and in Cuba. Castro tion and demonstrations designed to about many of the individuals being then read off to us a list of the many keep him from leaving his home. held and interrogated at Guantanamo countries in which Cuban doctors are and what they were learning from Like Mr. Roca, Ms. Roque has also been jailed for expressing her strong living and serving from East Timor to them. The briefing also reviewed the Haiti and including many African and many cases on record of individuals we anti-Castro views. She spent 3 years in jail from 1997 to 2000. Upon her release Latin American countries. released from Guantanamo who imme- It must be noted that Castro’s mo- from prison she immediately returned diately returned to the ranks of the tives are not entirely altruistic. Our to her activism. In 2003, she was ar- terrorists once free. This briefing was Embassy in Caracas informed me that rested for a second time while attend- an important reminder of the difficult in exchange for these medical services ing an anti-Castro demonstration and balance that must be struck in our sentenced to twenty years in jail. One he is given a generous supply of free oil handling of these detainees. While we year and five months into her term, and his doctors are paid a subsidy must strive for fair processes, we must Ms. Roque suffered a heart attack and which is remitted back to the state. remember that the individuals we are was released. Yet it is doubtful that Castro’s ar- dealing with are often our most vicious While both Mr. Roca and Ms. Roque rangements with poorer countries such enemies. had trials, neither process sounds as if as Haiti bring similar financial re- After our briefing, we drove to a mess it was worthy of the name. According wards. While there is much to criticize hall for lunch where I had the oppor- to Mr. Roca, he was told prior to his about Castro and his regime, this hu- tunity to meet a number of Pennsylva- trial what the verdict and sentence manitarian effort is to be respected. To nians who are serving with distinction would be. Mr. Roca and Ms. Roque are underscore the personal importance of at the base. We then visited one of the not alone. They inform me that there this effort to him, Castro ended his dis- buildings used for interrogation and are still 81 prisoners of conscience lan- course by stating that ‘‘history will met with a group of interrogators who guishing in Cuban jails for doing noth- vindicate us.’’ have been assigned to work with the ing more than exercising a right to free When we left Castro we proceeded to Saudi prisoners. The interrogators in- speech that their government refuses the airport and flew to Caracas, Ven- formed us that their progress was slow. to recognize. ezuela. On Wednesday, August 17, we I asked these interrogators about the Following this meeting we drove to a had breakfast with our Ambassador in tactics they used. They were adamant luncheon meeting with President Fidel Caracas, William Brownfield. Mr. that they did not use coercive tactics. Castro. I had met with Castro during Brownfield is a career diplomat with an They added that such tactics do not two prior visits to Cuba in 1999 and 2002 obvious passion for his work and a deep work. On the contrary, they told us and found the experience to be worth- knowledge of his subject. Ambassador that they have found the most effective while. As before, I found Castro to be Brownfield sets forth a pragmatic ap- method of interrogation to be devel- an engaging host. He has an easy wit proach to Venezuela. While funda- oping a relationship with a detainee, and enjoys a good-natured exchange. mental differences exist between our treating him with respect, and winning Yet beneath the joking was a serious two countries, he argues, we can and him over through positive reinforce- undercurrent. Having just come from a must cooperate on those issues where ment. meeting with dissidents, I pressed Cas- we share an agenda, namely oil and On August 1, the New York Times tro to release the political prisoners in drugs. ran a front page story detailing the al- his jails. Castro tried to shift the topic On oil, Venezuela lacks the infra- legations of two senior prosecutors at of conversation from his prisoners by structure to refine more than one- Guantanamo that the trial system for bringing up the case of five Cubans fourth of the oil it produces. Ven- detainees had ‘‘been secretly arranged convicted of spying in the U.S. whose ezuelan oil is heavier than most and to improve the chances of conviction convictions were recently overturned needs special refineries, and these re- and to deprive defendants of material by the 11th Circuit. I suggested to Cas- fineries are located in the United that could prove their innocence.’’ tro that far from being an example of States. In addition, Venezuela is rel- After our tour of the base, I questioned American wrongdoing, this kind of fair atively close to the United States when General Hood, DoD General Counsel process is exactly the type of justice he compared to other United States sup- Jim Haynes, and Brigadier General should be offering to his own people. I pliers and other Venezuelan markets. Thomas Hemingway of the DoD Office also pressed Castro to open his country Thus continued cooperation on oil is of Military Commissions about these to democracy and dissent. He listened, imperative for both nations. allegations and other complaints about but my exhortations obviously had no Secondly, both nations share an in- the military justice system. White effect. terest in combating drugs. There have House Counsel Miers was present. Much of Castro’s conversation fo- been some recent conflicts over the Since our conversation was classified, I cused on his efforts to provide health specifics of fighting drugs. Only a week

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE S10588 CONGRESSIONAL RECORD — SENATE September 28, 2005 before our trip, President Chavez an- between our DEA agents in Venezuela sumably Citgo, had 13,000 gas stations nounced that he was suspending all co- and the Venezuelan government. He set and 8 refineries in the United States. operation with our DEA. The United forth his government’s side of the He then reiterated his concern about States, in turn, suspended the visas of story, and focused on alleged inappro- statements from the U.S. regarding three high ranking Venezuelan law en- priate actions by our DEA agents in- Venezuela destabilizing Latin America. forcement officials. Yet beneath the cluding the use of ‘‘controlled deliv- Chavez said that public opinion in Ven- conflict, the shared interests and goals eries’’ to ship illegal drugs out of Ven- ezuela was running against the United remain and can serve as a motivation ezuela in contravention of Venezuelan States because of these statements. to overcome these differences and pro- law. At the conclusion of our meeting, ceed with the important work of drug Immediately following this meeting, President Chavez agreed that it would interdiction. we drove to Miraflores Palace where I be useful for his Foreign Minister and The Venezuelan President, Hugo Cha- met with Venezuelan President Hugo Minister of the Interior to meet with vez, has been criticized for governing in Chavez. We were joined by the two our Ambassador the following week to an anti-democratic fashion. While in Ministers with whom I had previously try to resolve United States/Venezuela Caracas, I wanted to hear directly from met as well as U.S. Ambassador differences on drug enforcement. Pre- those who held this view and arranged Brownfield. President Chavez began the viously, all of our Ambassador’s efforts a meeting with an activist named meeting with an extended discussion to arrange such a meeting had been re- Alejandro Plaz and one of his associ- about the importance of drug interdic- jected. ates. Mr. Plaz is the President of tion to both of our countries. He noted On Thursday, August 18 we flew to Sumate, a Venezuelan non-govern- that drugs are a destabilizing force in Liberia, Costa Rica. Our first meeting mental organization dedicated to elec- the countries victimized by them. He that afternoon focused on the drug toral observation and what he calls then spoke about the deteriorating re- issue. We sat down with Paul Knierim, ‘‘democratic observation’’—i.e. moni- lations between the United States and our top DEA agent in Costa Rica, and toring the leading indicators of a Venezuela. He expressed concern in his Costa Rican counterpart, Allen So- healthy democracy such as human particular about statements coming lano, who is the Director of the Costa rights and freedom of speech. These ac- from the U.S. government that he is Rican Drug Control Police. Although no drugs are grown or processed in tivities have stirred the ire of Presi- trying to destabilize Latin America. He Costa Rica, the nation and the rest of dent Chavez’s regime. Mr. Plaz has also said he is concerned about his U.S. Central America serve as a crucial been charged with conspiracy to de- ambassador’s lack of access to the transit route for smugglers bringing stroy the Republican system in Ven- White House and high ranking execu- South American drugs to the markets ezuela and if convicted would face 8 to tive branch officials. 16 years in prison. The core element of Chavez commented about having met in North America and Europe. Drugs are transported overland on the allegation of ‘‘conspiracy’’ is that President Clinton on three occasions, Costa Rica’s roads, by sea through both Mr. Plaz accepted a $31,000 grant from one of which was at the United Na- its Pacific and Caribbean territorial the National Endowment for Democ- tions. President Chavez believed that waters, as well as over Costa Rica’s air- racy. The Venezuelan Government ar- his relations with President Clinton space in private planes and on pas- gues that since teaching about democ- were good and would like to see similar senger jets. These operations are often racy is a political activity, and since relations with President Bush. Presi- sophisticated. In one smuggling ring political activities cannot be funded dent Chavez also spoke about Ven- that was uncovered, re-fueling ships from abroad, Mr. Plaz has violated the ezuela’s oil resources and his plans for met the smuggling boats at fixed law. By all accounts, however, includ- billions of dollars of investments to in- points along the Costa Rican coast so ing an analysis conducted by the Amer- crease oil production. that the boats would not have to risk After the President’s extensive open- ican Bar Association, this is a political detection by coming ashore. trial aimed to intimidate a man per- ing statement, I responded that good The region faces its own set of issues. ceived to be a political opponent. relations between the United States The Trans American Highway, an im- Mr. Plaz also detailed how Chavez and Venezuela are very important to portant overland route for drugs, loyalists in the legislature used a sim- both countries. I told the President passes through this region and has ple majority vote to change the rule re- that we appreciate his help in stopping been the site of increased drug traffic quiring a supermajority to amend cer- the flow of drugs from Columbia and in recent years. Also, the Daniel tain basic laws of the nation. Having South America. I also noted the impor- Oduber international airport outside of thus lowered the threshold, the legisla- tance of Venezuelan oil to the United Liberia has seen growing passenger ture has used simple majorities to ex- States and the world. I expressed my traffic in recent years, especially to pand the number of seats on the Su- view that United States. companies and from the United States, as the preme Court and pack these seats with would be willing to invest substantial local tourist industry and real estate Chavez loyalist as well as to fill the sums to improve Venezuelan oil pro- markets have developed. This in- election boards with Chavez loyalists. duction and help them produce oil for creased traffic provides an opportunity We next drove to the Venezuelan for- the world and help Venezuela generate for smugglers to blend into the crowd. eign ministry where we met with Ven- revenue money to fight poverty. I then Thus authorities have found that drug ezuelan Foreign Minister Ali Rodriguez took up the dispute between Ven- traffickers are sending more smugglers Araque and the Venezuelan Minister of ezuelan narcotics officers and the DEA on the planes to transport drugs north- Interior and Justice Jesse Chacon. For- and suggested that all facts should be ward. These ‘‘mules’’ typically trans- eign Minister Araque started things on put on the table to determine exactly port the drugs by placing them in latex a positive note by stating that despite what occurred so that both parties are and swallowing them, a practice which the differences which the United States then in a position to decide what steps can prove fatal if the latex bags break. and Venezuela may have in the polit- could be taken to resolve the dispute. I was pleased to learn that in Costa ical sphere, our two nations have many President Chavez said that this was a Rica cooperation between our DEA and shared interests in oil and drug inter- good idea and that consideration ought the local authorities is excellent. We diction and must emphasize our com- to be given to having a new agreement have five of our agents stationed in monalities. Interior Minister Chacon on drug interdiction. country where they work with the picked up on the theme of drug inter- President Chavez later spoke at some Costa Ricans to investigate and interdiction and went on at some length length about President Castro and his dict drug shipments. Success is dif- about Venezuela’s efforts to fight the efforts to provide extensive medical ficult. Mr. Knierim of our DEA told me use of its territory as a transit point personnel to Venezuela. Chavez com- that they know they are having an im- for Columbian drugs. According to the mented that Castro had discussed my pact, since their actions force the Minister, Venezuelan authorities seized meetings with Castro and thought that smugglers to change their tactics. But 57 tons of cocaine and heroin in 2004 they were productive. Chavez then re- he also realizes that they have not and 42 tons in 2003. He then spent some turned to the topic of oil and pointed been able to defeat the smugglers. The time discussing the recent controversy out that a Venezuelan company, pre- battle continues.

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE September 28, 2005 CONGRESSIONAL RECORD — SENATE S10589 Later in my visit, I met with Dr. with local species of plants. The devel- fornia and the Gulf Cartel operating Rolando Herrero, a leading cancer re- opers have focused on the prevention of south of Texas. I was also informed searcher who has been a pioneer in the forest fires with great success. Before that the U.S. has been providing cru- exploration of the connection between the project began, there were 18 con- cial assistance in this effort. We have viral infections and cancer. In par- secutive years of forest fires during the helped to train, equip and fund a new, ticular, in a series of studies conducted dry season. Since development began, professional Federal police force to re- in the 1980s and early 1990s, Dr. Herrero there have been six dry seasons with- place its corrupt and inefficient prede- demonstrated a connection between out any fires. cessor. The new force currently stands the Human Papiloma Virus, HPV, a Finally, they must assist the local at 7,000 members. According to Mr. sexually transmitted disease, and cer- population. The company is required to Mora, the next big challenge facing the vical cancer. Having proven this con- build 2,000 residential units in the re- Mexicans in the war on drugs is to rep- nection, Dr. Herrero is now conducting gion. It must also provide additional licate at the state and local level what a trial of an HPV vaccine that could funding and programs to the local they have accomplished at the Federal prevent the spread of the virus and schools and colleges. level by replacing ineffective and/or thus significantly lower the incidence While in Costa Rica I learned that bribed police forces with professional of cervical cancer. This vaccine trial the day after my meeting with Ven- police forces capable of winning the received $5 million in NIH funding ezuela’s President Chavez, Secretary of fight against the cartels. I was in- through the National Cancer Institute Defense Donald Rumsfeld made some formed that the U.S. can be helpful in this year. Given the prevalence of the critical comments about the Ven- this effort much as we were in building HPV virus among sexually active ezuelan leader during a visit to Peru. I the Federal police by providing money, young Americans, and the enormous was concerned that Mr. Rumsfeld’s equipment and training. expense of pap smears and treatments, rhetoric had the potential to erode the Extradition of drug lords to the U.S. this trial has obvious importance for progress we had made with President is a key component in this fight the protection of women’s health in the Chavez during our visit. Accordingly, I against the drug cartels. Mexican pris- U.S. wrote to Secretary Rumsfeld and in- ons fail to deter the drug lords, and Dr. Herrero has conducted his stud- formed him of my meeting with Chavez there are stories of many who, through ies, including the current vaccine trial, and my belief that a window of oppor- bribes, have been able to get every- in the Guanacaste Province in north- tunity had been opened to resolve our thing they need to manage their em- west Costa Rica. He explained that be- disagreement with Venezuela over drug pires from behind bars. I have been told cause of the relative stability of the interdiction policy. I suggested that, at repeatedly, however, that Mexican local female population aged 18–25, this least for the time being, we should drug lords are terrified by the prospect region allows for the extensive yearly have a moratorium on adverse com- of being jailed in U.S. prisons where follow up that would not be possible in ments about Venezuela. they serve hard time. the more mobile societies of America Our next and final destination was Unfortunately, the Mexican courts and Europe. As a result of his extensive Mexico City, Mexico. Given our long have created a serious impediment to prior work in the region, Dr. Herrero common border, Mexico presents the extradition to the U.S. Like many Eu- also has an impressive infrastructure greatest challenges and opportunities ropean countries, Mexico is opposed to in place to allow for effective follow-up in the war on drugs and terror and on the death penalty and will not extra- studies by a highly professional team the immigration issue. Good relations dite an individual to the U.S. if that in- of 150 scientists and health care work- with Mexico are crucial to both of our dividual may face the death penalty ers who know the local population and nations, and I was very glad for the op- upon conviction. Yet the Mexican its habits well. portunity to learn about these issues courts have extended this policy in a Finally, we drove to the offices of Mr. first hand. unique way. Three years ago the Mexi- Bernardo Rojas, the Director of On my first morning in Mexico we can Supreme Court held that life im- Ecodesarollo, a private company which were met at our hotel by our Ambas- prisonment without the possibility of has been given a concession from the sador, Antonio Garza. Prior to his as- parole is the equivalent of the death Costa Rican government to develop an signment to Mexico, Ambassador Garza penalty since the prisoner will die in area known as the Papagayo Peninsula was elected Railroad Commissioner of jail, and therefore a prisoner who on the Pacific Coast of northern Costa Texas and appointed by then Governor would face a life sentence in the U.S. Rica. The work being done by Mr. Bush to be Texas’s Secretary of State. cannot be extradited. Other Mexican Rojas and this innovate public/private Ambassador Garza has a detailed courts have gone so far as to declare partnership can serve as a model for knowledge of the issues facing our two that a 20-year sentence is the equiva- other countries wishing to develop countries, and I believe he is serving us lent of the death penalty when imposed their tourism industry while pre- very well in Mexico. on a 60-year old convict, since someone serving the environment and respect- From the hotel we drove to the Mexi- of that age will likely die in prison. ing local populations. can Foreign Ministry for a breakfast My Mexican hosts expressed dis- Specifically, the Ecodesarollo Com- with a group of Mexican government pleasure with these court decisions and pany has been given the rights to de- officials to discuss the two most impor- tell me they will seek their review. velop and manage an 840 hectare penin- tant issues before us: drugs and immi- Still, despite these setbacks, extra- sula for a period of 49 years, with a gration. The group included Geronimo ditions are at their highest level ever, right to renew the concession for an- Gutierrez, Mexico’s Under Secretary of exceeding thirty a year in recent years. other 49 years. In return, however, the Foreign Relations for North America, I suggested to my Mexican counter- company must meet a series of signifi- and Eduardo Medina Mora, the Direc- parts that we in the Judiciary Com- cant requirements. First, it must build tor of Mexico’s Center for National Se- mittee can work with our Department 9 hotels and 3 golf courses in this area curity Investigations, Mexico’s equiva- of Justice and local prosecutors to en- within a 28-year period which began in lent of the CIA. courage them to file charges in a way 1999. To date, two hotels and one golf I began our breakfast by asking my that will facilitate extradition. U.S. course have been built to very impres- hosts about the problem of the drug prosecutors have secured the extra- sive standards and have begun attract- cartels and the recent violence in dition of murderers from Europe by ing tourists from around the world. Nuevo Laredo, a town just south of the taking the death penalty off the table, While conducting extensive construc- border with Texas, where rival cartels and we can take similar steps to allevi- tion, the developers are required to have been fighting each other in the ate the concerns of the Mexicans. For preserve the environment. They must streets with machine gins and rocket example, Mexican law allows for a sen- preserve 70 percent of the green areas launchers. Mr. Mora informed us that tence as long as sixty years in the case and set aside two conservation zones. the Mexican authorities have success- of ‘‘aggravated homicide.’’ Thus if U.S. They have also put into place extensive fully prosecuted the leaders of some of prosecutors agree not to seek a penalty water treatment and recycling and a the country’s largest drug cartels, in- greater than 60-years imprisonment, or project to repopulate the local forests cluding a major cartel in Baja, Cali- to seek life imprisonment but with the

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE S10590 CONGRESSIONAL RECORD — SENATE September 28, 2005 possibility of parole, it may well facili- about what more we can to stem the more general terms about the problem tate the extradition while still pro- flow of illegal immigrants, Ms. Harris of police corruption at the local level. viding a serious sentence for the of- responded with a familiar refrain: we He noted that police earn a salary of fenders. can provide more technology, equip- $600 a month but are offered bribes in On the immigration front my hosts ment and training. the thousands. In Nuevo Laredo alone, assured me that Mexico is making a se- Following this meeting, we drove to 1,100 policemen were fired from their rious effort to reduce the traffic of ille- the offices of the Mexican President, jobs last month for corruption. The gal immigrants from Mexico into the Vicente Fox. Before our meeting with Federal Government has moved 1,000 United States. These efforts are largely the President began, I had the oppor- policemen into the area to stem the vi- focused on limiting the flow of illegals tunity to sit down with Mexican Attor- olence. from third countries as opposed to the ney General Daniel Francisco Cabeza In the long term, President Fox told flow of Mexicans themselves. Before de Vaca. I asked Attorney General us that he is trying to foster greater they seek to illegally enter the United Cabeza de Vaca about the extradition cooperation between the Mexican Fed- States, hundreds of thousands of issue and if it would help if we agreed eral Government and the Mexican would-be immigrants from South and not to seek a sentence of longer than 60 states. To do so would require passage Central American must first illegally years for anyone extradited to the of legislation that has long been pend- enter Mexico. But Mexico is cracking United States from Mexico. The Attor- ing in the Mexican Congress. President down on these illegals and is deporting ney General thought this would help, Fox’s party controls neither house of them back to their home countries in and told me that he had discussed this Congress and so far this legislation has large numbers. I was informed that last topic directly with Attorney General not been enacted. To emphasize the im- year the Mexicans deported over 200,000 Gonzales. He also believed that the portance of better cooperation from such illegals. The Mexicans are also re- problematic Supreme Court decision local police, President Fox pointed out quiring visas for visitors from coun- would be reviewed. that there are approximately 400,000 tries such as Brazil and Ecuador who I asked the attorney General about local police and only 10,000 Federal po- did not previously need them. the situation in Nuevo Laredo, and he lice. He also noted that approximately The Mexicans have also agreed to expressed confidence that the situation 95 percent of all crime consists of vio- permit the U.S. to implement an inte- was improving. He told me that the lation of state and local laws, while rior repatriation program. Typically, Federal Government had sent over 1,500 only 5 percent is Federal. when we catch an illegal immigrant, police to the city and that some impor- On the issue of extradition, President we deposit them on the other side of tant arrests were made just last week. Fox told me that he would like to ex- our border with Mexico where they are He praised the sharing of intelligence tradite more criminals to the United tantalizingly close to the United with the United States which has States but is limited by what his Su- States and likely to try again to enter. helped them to identify and detain tar- preme Court has done. While he would Under the interior repatriation pro- gets. He said there were two phases to like to see this opinion overruled, he is gram, we fly those illegals who wish it combating the violence in Nuevo La- sensitive not to take any action which all the way back to their home towns redo. The first phase was to ensure the would be counter productive. But he is and villages. Once home, far away from permanent presence of the Federal po- working hard in the fight against the border, they are far less likely to lice and the army in the City. This has drugs. He told me that earlier that day try again. So far, this program has re- already been accomplished. The second he spent 2 hours with his counter nar- turned 13,000 illegal immigrants to phase was to improve local law en- cotics experts. He plans to meet with their homes in Mexico. forcement and create a new and profes- the governors of Arizona and New Mex- From the Mexican Foreign Ministry sional local police force which was not ico to discuss the states of emergency we drove to the United States Em- owned by the cartels. He expected to that they have declared in response to bassy, where I was greeted by over 30 see a reduction in the level of violence the influx of illegal drugs and immi- representatives of the Embassy and very soon. The Attorney General also grants. other U.S. agencies for a briefing on asked for my assistance in the matter. On the violence in Nuevo Laredo, our drug and counter-terror efforts. He told me that the warring cartels President Fox stated that the cause This briefing largely confirmed what I were using very high powered weapons, was the fight between rival drug car- had learned earlier in the day from the including 50 caliber machine guns and tels for control of the city. He is using Mexican officials. Larry Holifield, the rocket launchers, and that these weap- his military in Nuevo Laredo. I told regional director of the DEA for Mex- ons were coming from the United President Fox that I was not opti- ico and Central America, described the States. I agreed to contact the ATF to mistic that the war over the drug car- great cooperation between our DEA see what could be done to stem the tels could be won having observed the and their Mexican counterparts, in- flow of such illegal weapons to Mexico. problems in Colombia since the early cluding permission to conduct wiretaps Next I was received by President 1980s and having now seen the problems and joint operations where vetted Vicente Fox. Fox started off our meet- in Venezuela and Costa Rica. I asked Mexican police units act on U.S. intel- ing by telling me that it is vital for the the President if he felt that war was ligence tips to take down members of United States, Canada and Mexico to winnable. President Fox replied that it the drug cartels. He and others spoke work together on a variety of problems would be very difficult to win the war about the help we have provided to the including immigration, counter nar- on drugs as long as the demand for Mexicans in building their police force cotics, and terrorism. He noted that drugs remains strong. But he believes and how effective this has been. our three nations were losing jobs to that the fight must continue. Greg Stephens of the Department of Asia and needed to work jointly to bol- f Justice confirmed that the Mexicans ster our economies. are getting better on extradition. As of On the issue of violence in Nuevo La- ADDITIONAL STATEMENTS 6 years ago the Mexicans had never ex- redo and elsewhere, the President told tradited a Mexican citizen to the me that Mexico has both a short term United States Last year the Mexicans and a long-term approach. In the short HONORING RALPH CURTIS extradited 34 people to the United term, Mexico has jailed 40,000 members ∑ Mr. ALLARD. Mr. President, I would States and are on track to extradite a of the drug cartels in a 4-year period. like to take a moment to recognize one similar number this year. Renee Harris Among those in prison are six of the of my constituents, Mr. Ralph Curtis. of U.S. Customs and Border Control country’s major drug lords. The Presi- Mr. Curtis has served as manager of spoke about the internal repatriation dent complained, however, that even the Rio Grande Water Conservation program and agreed that it was work- while in jail some drug lords have been District for 25 years. He took over the ing, although she would like to see able to continue to run their syn- managerial position when the organiza- more help from the Mexican govern- dicates by bribing prison guards for action was very small, consisting of just ment in publicizing the program to its cess to telephones and other means of Ralph and one other employee. The citizens. In response to my question communication. Fox then spoke in time and energy that Ralph has given

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ICIU awards and to thank and con- of the importance of water to the San Mrs. Dixon has served honorably at gratulate them for all they have Luis Valley. Under his direction, the the Economic Development Adminis- achieved and contributed to Iowa’s district took a leadership role in fight- tration for 33 years, most recently and communities. ing against the American Water Devel- prominently as the Economic Develop- Joe Gonzalez was born in Mexico and opment Inc. water grab, in water con- ment Representative to the State of immigrated to Des Moines in 1957. In servation education and in pro-active South Carolina. Her contributions to 1971, he joined the Des Moines Police efforts on behalf of endangered species economic development in South Caro- Department. He was one of the first such as the Southwestern Willow lina are numerous and have greatly Hispanic officers in the department and Flycatcher. contributed to the economic progress has garnered numerous awards, on both Ralph’s community contributions of the most distressed areas of the the State and national level, over his 33-year tenure. Among other things, have not gone unmarked either. He has State. Her work has been widely recog- Officer Gonzalez has been particularly been honored with numerous awards nized most notably by the South Caro- active in aiding crime victims and vic- such as: the Wayne Aspinall Water lina Association of Regional Councils, tims of sexual and domestic abuse. Leader of the Year, San Luis Valley which awarded her their highest honor, After the September 11 attacks, he Wetlands Stewardship Award, Friend of the Outstanding Staff Award in 1991. worked at Ground Zero. 4–H, Distinguished Service Award for Mrs. Dixon has demonstrated her Conservation of Natural Resources, Sonia Parras Konrad immigrated to work in disaster recovery and base clo- the United States 9 years ago from Support of Colorado Association of Soil sures, saving jobs, solving solid waste Conservations Districts, and he was in- Granada, Spain. She was trained as a problems, expanding job opportunities lawyer and is most recently a graduate ducted into the Honorable Order of the and rebuilding tax bases. Her innova- Water Buffalo. of Drake University Law School. Today tive approaches to economic develop- she practices law in Iowa. Ms. Konrad Ralph has always looked ahead to the ment problems and issues have been next challenge, has always looked for- is being honored today for her pas- replicated in other communities. She sionate dedication to helping victims ward to the next hill, in order to see also served as the first Federal cochair where the road will lead him. I would of domestic and sexual violence, par- of the South Carolina Rural Develop- like to wish Ralph and his wife Gloria ticularly within Spanish speaking comment Council under the President’s Ini- the very best as they walk down that munities. Among the programs she has tiative for Rural Development. Mrs. new road together looking for new founded is LUNA, Latinas Unidas por Dixon continues to serve on the execu- challenges.∑ un Nuevo Amanecer—Latinas United tive committees of both the North and f for a New Dawn—designed to prevent South Carolina rural development and deal with the effects of domestic CONGRATULATIONS TO JAY councils. In addition, she was instru- and sexual violence. This program has DAVIDSON mental in the original establishment of aided countless Iowans and has been ∑ Mr. BUNNING. Mr. President, I pay revolving loan funds for economic de- used as a model in other states. tribute and congratulate Jay Davidson velopment districts in South Carolina. Juliet Cunningham emigrated from on his reception of an America Honors Mrs. Dixon has garnered the personal Kirkuk, Iraq, to the United States in Recovery Award given to him by the and professional respect and admira- 1979 to pursue advanced educational op- Johnson Institute, a nationally recog- tion of her friends and colleagues at portunities. She is actively involved nized organization dedicated to helping the Economic Development Adminis- with many Iowa institutions, including people overcome alcohol and substance tration and elsewhere. She represents the Iowa State University Engineering addiction. the finest of qualities in a public serv- and Research Complex, Des Moines Mr. Davidson has dedicated his life to ant and has been an incomparable asset Science Center, Society of Women En- the cause of fighting addiction. He does to the greater effort of improving qual- gineers and the West Des Moines this by serving as the president and ity of life for the people of South Caro- United Methodist Church. In 1994 Mrs. CEO of The Healing Place, based in lina. In conclusion, the retirement of Cunningham cofounded TEAM Services Louisville, KY. Under Mr. Davidson, Mrs. Patricia M. Dixon will be a great Inc., a soil, environmental, and con- this center has achieved a success rate loss to the EDA and the State of South struction materials consulting firm of 65 percent, which is five times the Carolina, but I wish her great success with her husband. Of particular note is national average. The efforts of The and happiness in her future.∑ her role in helping get a TEAM Serv- Healing Place have been so successful f ices laboratory in central Iowa accred- ited for the testing of construction ma- that this year Governor Ernie Fletcher HONORING IOWA COMMUNITY terials, making it the first laboratory has announced that it will serve as a LEADERS model to 10 other shelter and recovery in Iowa with these capabilities. ∑ centers throughout Kentucky. In fact, Mr. HARKIN. Mr. President, every Dr. Liansuo Xie was born in 1958 and this model has been effective enough year the Iowa Council for International grew up in China’s Hebei Province. He that other branches of The Healing Understanding honors immigrants and worked as a mechanic in a paper manu- Place have been opened in Lexington, refugees in Iowa who have, in the facturing plant there before studying KY, Raleigh, NC, and Richmond, VA. words of the council, ‘‘achieved, be- to receive a B.S. from the Beijing Agri- The citizens of Kentucky are fortu- longed and contributed to our commu- cultural Engineering University in nate to have the leadership of Jay Da- nity in a significant way.’’ 1982. Shortly thereafter, he married vidson. His example of dedication, hard The ICIU began in 1938 when a group and came to the U.S. to study further work and compassion should be an in- of volunteers joined forces to aid immi- at Iowa State University where he spiration to all throughout the Com- grants fleeing the war in Europe. Since eventually earned a Ph.D. and was hon- monwealth. their founding, the ICIU has continued ored with a Research Excellence award. He has my most sincere appreciation to provide cultural services to both the He is widely considered to be one of the for this work and I look forward to his immigrant community and to native- best engineers at the Townsend Engi- continued service to Kentucky.∑ born Iowans. The United States has al- neering Company in Des Moines, where f ways been a beacon of hope for many he has worked since 1990, for his work around the world seeking refuge from on project design and design produc- TRIBUTE TO PATRICIA M. DIXON oppressive regimes, and it is my belief tivity. Finally, Dr. Liansuo is a long- ∑ Mr. GRAHAM. Mr. President, today I that each generation of immigrants standing contributor to his commu- wish to recognize the outstanding serv- has enriched our Nation both cul- nity, serving as a founding member of

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE S10592 CONGRESSIONAL RECORD — SENATE September 28, 2005 the Iowa Chinese Language School, the by the paper’s news department and to H.R. 3703. An act to designate the facility Sister States of Iowa, Hebei Com- discuss ideas with its editorial board. of the United States Postal Service located mittee, and acting as a tour guide for The Southeast Missourian has been at 8501 Philatelic Drive in Spring Hill, Flor- Chinese delegations to Iowa and the instrumental in collaborating with its ida, as the ‘‘Staff Sergeant Michael Schafer Post Office Building’’. United States. host city of Cape Girardeau to B.J. Do arrived in Iowa in 1975 at the H.R. 3863. An act to provide the Secretary strengthen the community through of Education with waiver authority for the age of 13. He arrived wearing only local enterprise. And year after year reallocation rules in the Campus-Based Aid shorts and speaking very limited the newspaper continues to give back programs, and to extend the deadline by English, having fled Vietnam at the countless chartable donations and which funds have to be reallocated to insti- end of the Vietnam War. Despite his sponsorships to the community. tutions of higher education due to a natural humble beginning, he went on to earn I express my sincerest gratitude to disaster. both B.S. and M.S. degrees in electrical the entire staff, past and present, for H.R. 3864. An act to assist individuals with and computer engineering from the their contribution and dedication in disabilities affected by Hurricane Katrina or University of Iowa. From there the sky making the Southeast Missourian the Rita through vocational rehabilitation services. was the limit, as Mr. Do went on to publication it is today. I extend warm work on, design for, and manage H.J. Res. 66. Joint resolution supporting congratulations to the Rust family, the goals and ideals of ‘‘Lights On After- projects for major international com- which has continued to raise the bar school!’’, a national celebration of after- panies all over the United States. He year after year in achieving excellence school programs. has since returned to Iowa where he is for fair and objective journalism. Joe The message also announced that the the co-founder and CEO of ABC Virtual Sullivan, the editor of the paper, in House has agreed to the following con- Communications, a software product particular deserves credit for his hard current resolution, in which it requests and services company based in west work and professionalism. I hope for the concurrence of the Senate: Des Moines. He has received recogni- the next 100 years, the Southeast Mis- tions for his accomplishments from sourian will continue to make a dif- H. Con. Res. 209. Concurrent resolution myriad institutions, including the Uni- ference for the good in Southeast Mis- supporting the goals and ideals of Domestic versity of Iowa and the State of Iowa, souri.∑ Violence Awareness Month and expressing the sense of Congress that Congress should along with receiving the Ernst and f raise awareness of domestic violence in the Young Entrepreneur of the Year Award MESSAGES FROM THE PRESIDENT United States and its devastating effects on in 1999. families. We are proud of their achievements Messages from the President of the The message further announced that and are pleased they are members of United States were communicated to the House agree to the amendment of our communities. I am sure that ICIU the Senate by Mr. Williams, one of his the Senate to the bill H.R. 3200, an act would agree that for every story told secretaries. to amend title 38, United States Code, here today, countless others remain f to enhance the Servicemembers’ Group untold.∑ EXECUTIVE MESSAGES REFERRED Life Insurance program, and for other f As in executive session the Presiding purposes.’’ TRIBUTE TO THE SOUTHEAST Officer laid before the Senate messages The message also announced that the MISSOURIAN from the President of the United House disagree to the amendment of ∑ Mr. TALENT. Mr. President, I wish States submitting sundry nominations the Senate to the bill H.R. 2360 making to pay tribute to a historically signifi- and a treaty which were referred to the appropriations for the Department of cant anniversary for one of Southeast appropriate committees. Homeland Security for the fiscal year Missouri’s most widely recognized and (The nominations received today are ending September 30, 2006, and for respected institutions. For the past printed at the end of the Senate pro- other purposes, and agree to the con- year, the Southeast Missourian, lo- ceedings.) ference asked by the Senate on the dis- cated in Cape Girardeau, MO, has been f agreeing votes of the two Houses there- celebrating its grand centennial. on; and appoints the following Mem- Its first issue rolled off the presses on MESSAGES FROM THE HOUSE bers as the managers of the conference October 3, 1904, with George and Fred on the part of the House: Mr. ROGERS of Kentucky, Mr. WAMP, Mr. LATHAM, Naeter at the helm. The brothers had ENROLLED BILLS SIGNED purchased the small business with Mrs. EMERSON, Mr. SWEENEY, Mr. hopes of one day transforming it into At 9:34 a.m., a message from the KOLBE, Mr. ISTOOK, Mr. LAHOOD, Mr. the thriving company thousands of House of Representatives, delivered by CRENSHAW, Mr. CARTER, Mr. LEWIS of faithful readers are familiar with Ms. Niland, one of its reading clerks, California, Mr. SABO, Mr. PRICE of today. After a number changes, the announced that the Speaker has signed North Carolina, Mr. SERRANO, Ms. ROY- Southeast Missourian was formally the following enrolled bills: BAL-ALLARD, Mr. BISHOP, Mr. BERRY, dedicated on September 11, 1925, at 301 H.R. 2385. An act to extend by 10 years the Mr. EDWARDS, and Mr. OBEY. Broadway. authority of the Secretary of Commerce to Over the past several decades, the conduct the quarterly financial report pro- At 3:13 p.m., a message from the Southeast Missourian has provided gram. House of Representatives, delivered by H.R. 3784. An act to temporarily extend the timely reporting of the important programs under the Higher Education Act of Mr. Croatt, one of its reading clerks, changes in the region. Much of the area 1965, and for other purposes. announced that the Speaker has signed surrounding Cape Girardeau is rural. the following enrolled bills: The enrolled bills were signed subse- The Southeast Missourian has been a quently by the President pro tempore H.R. 2132. An act to extend the waiver au- primary source of information to those (Mr. STEVENS). thority of the Secretary of Education with readers. They depend on the Southeast respect to student financial assistance dur- Missourian for local, statewide, na- At 1:54 p.m., a message from the ing a war or other military operation or national and world news. House of Representatives, delivered by tional emergency. From the reports on flooding along Mr. Hays, one of its reading clerks, an- H.R. 3200. An act to amend title 38, United States Code, to enhance the Service- the banks of the Mississippi River, to nounced that the House has passed the the birth announcements in the Sun- members’ Group Life Insurance program, and following bills and joint resolution, in for other purposes. day edition, the Southeast Missourian which it requests the concurrence of has a unique appeal that is difficult to H.R. 3667. An act to designate the facility the Senate: of the United States Postal Service located match. They have set a precedent for H.R. 2062. An act to designate the facility at 200 South Barrington Street in Los Ange- excellence in print journalism with the of the United States Postal Service located les, California, as the ‘‘Karl Malden Sta- underlying theme of community and at 57 West Street in Newville, Pennsylvania, tion’’. public service. It’s been a personal as the ‘‘Randall D. Shughart Post Office H.R. 3767. An act to designate the facility privilege over the years to be covered Building’’. of the United States Postal Service located

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE September 28, 2005 CONGRESSIONAL RECORD — SENATE S10593 at 2600 Oak Street in St. Charles, Illinois, as of draft legislation to authorize the Sec- of Policy, Economics, and Innovation, Envi- the ‘‘Jacob L. Frazier Post Office Building’’. retary of Agriculture, at the request of a ronmental Protection Agency, transmitting, participating State to convey to the State, pursuant to law, the report of a rule entitled f by quitclaim deed, without consideration, ‘‘Lindane; Tolerance Actions’’ (FRL No. MEASURES REFERRED any land or interests in land acquired within 7734–3) received on September 18, 2005; to the the State under the Forest Legacy Program; Committee on Agriculture, Nutrition, and The following bills and joint resolu- to the Committee on Agriculture, Nutrition Forestry. tion were read the first and the second and Forestry. EC–4025. A communication from the Prin- times by unanimous consent, and re- EC–4015. A communication from the Sec- cipal Deputy Associate Administrator, Office ferred as indicated: retary of Energy and the Secretary of Agri- of Policy, Economics, and Innovation, Envi- culture, transmitting, pursuant to law, a re- H.R. 2062. An act to designate the facility ronmental Protection Agency, transmitting, port entitled ‘‘Biomass Research and Devel- of the United States Postal Service located pursuant to law, the report of a rule entitled opment Initiative for Fiscal Year 2004’’; to at 57 West Street in Newville, Pennsylvania, ‘‘Reynoutria Sachalinensis Extract; Exemp- the Committee on Agriculture, Nutrition, as the ‘‘Randall D. Shughart Post Office tion from the Requirement of a Tolerance’’ and Forestry. Building’’; to the Committee on Homeland (FRL No. 7730–3) received on September 18, EC–4016. A communication from the Chair- 2005; to the Committee on Agriculture, Nu- Security and Governmental Affairs. man and Chief Executive Officer, Farm Cred- H.R. 3703. An act to provide assistance to trition, and Forestry. it Administration, transmitting, pursuant to EC–4026. A communication from the Acting families affected by Hurricane Katrina, law, the report of a rule entitled ‘‘Preferred Associate Administrator, Office of Congres- through the program of block grants to Stock’’ (RIN3052–AC21) received on Sep- sional and Intergovernmental Relations, En- States for temporary assistance for needy tember 21, 2005; to the Committee on Agri- vironmental Protection Agency, transmit- families. A bill to provide the Secretary of culture, Nutrition, and Forestry. ting, pursuant to law, the Agency’s National Education with waiver authority for stu- EC–4017. A communication from the Chair- Environmental Education Advisory Council dents who are eligible for Federal student man and Chief Executive Officer, Farm Cred- Report on the Status of Environmental Edu- grant assistance who are adversely affected it Administration, transmitting, pursuant to cation in the United States; to the Com- by a major disaster. A bill to designate the law, the report of a rule entitled ‘‘Invest- mittee on Environment and Public Works. facility of the United States Postal Service ment, Liquidity and Divestiture’’ (RIN3052– EC–4027. A communication from the Prin- located at 8501 Philatelic Drive in Spring AC22) received on September 21, 2005; to the cipal Deputy Associate Administrator, Office Hill, Florida, as the ‘‘Staff Sergeant Michael Committee on Agriculture, Nutrition, and of Policy, Economics, and Innovation, Envi- Schafer Post Office Building’’; to the Com- Forestry. ronmental Protection Agency, transmitting, mittee on Homeland Security and Govern- EC–4018. A communication from the Chief, a report entitled ‘‘Interim Guidance on Con- Regulatory Review Group, Farm Service mental Affairs. trol of Volatile Organic Compounds (VOC) in Agency, Department of Agriculture, trans- H.R. 3736. An act to protect volunteers as- Ozone State Implementation Plans’’ (FRL mitting, pursuant to law, the report of a rule sisting the victims of Hurricane Katrina; to No. 7965–4) received on September 7, 2005; to entitled ‘‘Collection of State Commodity As- the Committee on the Judiciary. the Committee on Environment and Public sessments’’ (RIN0560–AH35) received on Sep- H.J. Res. 66. Joint resolution supporting Works. the goals and ideals of ‘‘Lights On After- tember 21, 2005; to the Committee on Agri- EC–4028. A communication from the Prin- school!’’, a national celebration of after- culture, Nutrition, and Forestry. cipal Deputy Associate Administrator, Office EC–4019. A communication from the Prin- school programs; to the Committee on of Policy, Economics, and Innovation, Envi- cipal Deputy Associate Administrator, Office Health, Education, Labor, and Pensions. ronmental Protection Agency, transmitting, of Policy, Economics, and Innovation, Envi- pursuant to law, the report of a rule entitled f ronmental Protection Agency, transmitting, ‘‘Approval and Promulgation of Implementa- MEASURES DISCHARGED pursuant to law, the report of a rule entitled ‘‘Amicarbazone; Pesticide Tolerance’’ (FRL tion Plans and Designation of Areas for Air The following measure was dis- No. 7736–3) received on September 18, 2005; to Quality Planning Purposes; Arizona; Correc- charged from the Committee on Energy the Committee on Agriculture, Nutrition, tion of Redesignation of Phoenix to Attain- and Forestry. ment for the Carbon Monoxide Standard’’ and Natural Resources by unanimous (FRL No. 7960–8) received on September 7, consent, and referred as indicated: EC–4020. A communication from the Prin- cipal Deputy Associate Administrator, Office 2005; to the Committee on Environment and S. 1219. A bill to authorize certain tribes in of Policy, Economics, and Innovation, Envi- Public Works. the State of Montana to enter into a lease or ronmental Protection Agency, transmitting, EC–4029. A communication from the Prin- other temporary conveyance of water rights pursuant to law, the report of a rule entitled cipal Deputy Associate Administrator, Office to meet the water needs of the Dry Prairie ‘‘Bacillus Thuringiensis Cry34Ab1 and of Policy, Economics, and Innovation, Envi- Rural Water Association, Inc; to the Com- Cry35Ab1 Proteins and the Genetic Material ronmental Protection Agency, transmitting, mittee on Indian Affairs. Necessary for Their Production in Corn; Ex- pursuant to law, the report of a rule entitled ‘‘Approval and Promulgation of Air Quality f emption from the Requirement of a Toler- ance’’ (FRL No. 7735–4) received on Sep- Implementation Plans; District of Columbia; MEASURES PLACED ON THE tember 18, 2005; to the Committee on Agri- Update to Materials Incorporated by Ref- CALENDAR culture, Nutrition, and Forestry. erence’’ (FRL No. 7953–9) received on Sep- EC–4021. A communication from the Prin- tember 7, 2005; to the Committee on Environ- The following bill was read the first cipal Deputy Associate Administrator, Office ment and Public Works. and second times by unanimous con- of Policy, Economics, and Innovation, Envi- EC–4030. A communication from the Prin- sent, and placed on the calendar: ronmental Protection Agency, transmitting, cipal Deputy Associate Administrator, Office S. 1783. A bill to amend the Employee Re- pursuant to law, the report of a rule entitled of Policy, Economics, and Innovation, Envi- tirement Income Security Act of 1974 and the ‘‘Boscalid; Pesticide Tolerances for Emer- ronmental Protection Agency, transmitting, Internal Revenue Code of 1986 to reform the gency Exemptions’’ (FRL No. 7737–9) received pursuant to law, the report of a rule entitled pension funding rules, and for other pur- on September 18, 2005; to the Committee on ‘‘American Samoa State Implementation poses. Agriculture, Nutrition, and Forestry. Plan, Update to Materials Incorporated by EC–4022. A communication from the Prin- Reference’’ (FRL No. 7955–6) received on Sep- f cipal Deputy Associate Administrator, Office tember 7, 2005; to the Committee on Environ- of Policy, Economics, and Innovation, Envi- ment and Public Works. EXECUTIVE AND OTHER ronmental Protection Agency, transmitting, EC–4031. A communication from the Prin- COMMUNICATIONS pursuant to law, the report of a rule entitled cipal Deputy Associate Administrator, Office The following communications were ‘‘Inert Ingredients; Revocation of 34 Pes- of Policy, Economics, and Innovation, Envi- laid before the Senate, together with ticide Tolerance Exemptions for 31 Chemi- ronmental Protection Agency, transmitting, accompanying papers, reports, and doc- cals’’ (FRL No. 7737–3) received on September pursuant to law, the report of a rule entitled 18, 2005; to the Committee on Agriculture, ‘‘Approval and Promulgation of Implementa- uments, and were referred as indicated: Nutrition, and Forestry. tion Plans; State of Iowa’’ (FRL No. 7967–5) EC–4013. A communication from the Direc- EC–4023. A communication from the Prin- received on September 7, 2005; to the Com- tor, Division for Strategic Human Resources cipal Deputy Associate Administrator, Office mittee on Environment and Public Works. Policy, Office of Personnel Management, of Policy, Economics, and Innovation, Envi- EC–4032. A communication from the Prin- transmitting, pursuant to law, the report of ronmental Protection Agency, transmitting, cipal Deputy Associate Administrator, Office a rule entitled ‘‘Federal Employees’ Retire- pursuant to law, the report of a rule entitled of Policy, Economics, and Innovation, Envi- ment System; Death Benefits and Employee ‘‘Iprovalicarb; Pesticide Tolerance’’ (FRL ronmental Protection Agency, transmitting, Refunds’’ (RIN3206–AK57) received on Sep- No. 7736–2) received on September 18, 2005; to pursuant to law, the report of a rule entitled tember 18, 2005; to the Committee on Home- the Committee on Agriculture, Nutrition, ‘‘Interim Final Determination to Stay and/or land Security and Governmental Affairs. and Forestry. Defer Sanctions, San Joaquin Valley Unified EC–4014. A communication from the Sec- EC–4024. A communication from the Prin- Air Pollution Control District’’ (FRL No. retary of Agriculture, transmitting, a report cipal Deputy Associate Administrator, Office 7966–5) received on September 7, 2005; to the

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE S10594 CONGRESSIONAL RECORD — SENATE September 28, 2005 Committee on Environment and Public S. 1779. A bill to amend the Humane Meth- II veterans of the United States Navy Armed Works. ods of Livestock Slaughter Act of 1958 to en- Guard; to the Committee on Armed Services. EC–4033. A communication from the Prin- sure the humane slaughter of nonambulatory f cipal Deputy Associate Administrator, Office livestock, and for other purposes; to the of Policy, Economics, and Innovation, Envi- Committee on Agriculture, Nutrition, and SUBMISSION OF CONCURRENT AND ronmental Protection Agency, transmitting, Forestry. SENATE RESOLUTIONS pursuant to law, the report of a rule entitled By Mr. SANTORUM (for himself, Mr. The following concurrent resolutions ‘‘New York SIP, Onondaga County Carbon LIEBERMAN, Mr. FRIST, Mr. HATCH, Monoxide Maintenance Plan’’ (FRL No. 7959– Mr. LUGAR, Mr. SMITH, Mr. INOUYE, and Senate resolutions were read, and 1) received on September 7, 2005; to the Com- Mr. COLEMAN, and Mr. BUNNING): referred (or acted upon), as indicated: mittee on Environment and Public Works. S. 1780. A bill to amend the Internal Rev- By Mr. FEINGOLD (for himself and Mr. EC–4034. A communication from the Prin- enue Code of 1986 to provide incentives for KOHL): cipal Deputy Associate Administrator, Office charitable contributions by individuals and S. Res. 254. A resolution marking the dedi- of Policy, Economics, and Innovation, Envi- businesses, to improve the public disclosure cation of the Gaylord Nelson Wilderness ronmental Protection Agency, transmitting, of activities of exempt organizations, and to within the Apostle Islands National Lake- pursuant to law, the report of a rule entitled enhance the ability of low-income Americans shore; to the Committee on Energy and Nat- ‘‘Revision to the Definition of Volatile Or- to gain financial security by building assets, ural Resources. ganic Compounds—Removal of VOC Exemp- and for other purposes; to the Committee on By Mrs. LINCOLN (for herself and Mr. tions for California’s Aerosol Coatings Reac- Finance. COCHRAN): tivity-based Regulation’’ (FRL No. 7966–2) re- By Mr. HATCH: S. Res. 255. A resolution recognizing the ceived on September 7, 2005; to the Com- S. 1781. A bill to amend the Internal Rev- achievements of the United States Fish and mittee on Environment and Public Works. enue Code of 1986 to allow full expensing for Wildlife Service and the Waterfowl Popu- EC–4035. A communication from the Prin- the cost of qualified refinery property in the lation Survey; to the Committee on Environ- cipal Deputy Associate Administrator, Office year in which the property is placed in serv- ment and Public Works. of Policy, Economics, and Innovation, Envi- ice, and to classify petroleum refining prop- By Mr. SCHUMER (for himself, Mrs. ronmental Protection Agency, transmitting, erty as 5-year property for purposes of depre- CLINTON, Mrs. MURRAY, Mr. BINGA- pursuant to law, the report of a rule entitled ciation; to the Committee on Finance. MAN, and Mr. KENNEDY): ‘‘Maryland Control of Emissions from Com- By Mr. BROWNBACK: S. Res. 256. A resolution honoring the life mercial and Industrial Solid Waste Inciner- S. 1782. A bill to amend the Internal Rev- of Sandra Feldman; considered and agreed enue Code of 1986 to clarify that qualified ation (CISWI) Units’’ (FRL No. 7966–7) re- to. personal service corporations may continue ceived on September 7, 2005; to the Com- By Mr. BURR (for himself and Mr. to use the cash method of accounting, and mittee on Environment and Public Works. SALAZAR): for other purposes; to the Committee on Fi- EC–4036. A communication from the Prin- S. Res. 257. A resolution recognizing the nance. cipal Deputy Associate Administrator, Office spirit of Jacob Mock Doub and many young By Mr. GRASSLEY (for himself, Mr. of Policy, Economics, and Innovation, Envi- people who have contributed to encouraging ronmental Protection Agency, transmitting, ENZI, Mr. KENNEDY, and Mr. BAUCUS): S. 1783. A bill to amend the Employee Re- youth to be physically active and fit, and ex- pursuant to law, the report of a rule entitled tirement Income Security Act of 1974 and the pressing support for ‘‘National Take a Kid ‘‘Revisions to the California State Imple- Internal Revenue Code of 1986 to reform the Mountain Biking Day’’; considered and mentation Plan, San Joaquin Valley Unified pension funding rules, and for other pur- agreed to. Air Pollution Control District’’ (FRL No. poses; placed on the calendar. By Mr. FRIST (for himself, Mr. REID, 7966–4) received on September 7, 2005; to the By Mrs. CLINTON (for herself and Mr. and Mr. BENNETT): Committee on Environment and Public S. Res. 258. A resolution to commend Tim- OBAMA): Works. S. 1784. A bill to amend the Public Health othy Scott Wineman; considered and agreed EC–4037. A communication from the Prin- Service Act to promote a culture of safety to. cipal Deputy Associate Administrator, Office within the health care system through the By Mr. CRAIG (for himself and Mr. of Policy, Economics, and Innovation, Envi- establishment of a National Medical Error AKAKA): ronmental Protection Agency, transmitting, Disclosure and Compensation Program; to S. Res. 259. A resolution commending the pursuant to law, the report of a rule entitled the Committee on Health, Education, Labor efforts of the Department of Veterans Affairs ‘‘Ocean Dredged Material Disposal Site Des- and Pensions. in responding to Hurricane Katrina; to the ignation’’ (FRL No. 7967–7) received on Sep- By Mr. CORNYN (for himself, Mr. Committee on Veterans’ Affairs. tember 7, 2005; to the Committee on Environ- LEAHY, Mr. HATCH, and Mr. KOHL): By Mr. SCHUMER: ment and Public Works. S. 1785. A bill to amend chapter 13 of title S. Con. Res. 54. A concurrent resolution ex- EC–4038. A communication from the Prin- 17, United States Code (relating to the vessel pressing the sense of Congress regarding a cipal Deputy Associate Administrator, Office hull design protection), to clarify the dis- commemorative postage stamp honoring of Policy, Economics, and Innovation, Envi- tinction between a hull and a deck, to pro- Jasper Francis Cropsey, the famous Staten ronmental Protection Agency, transmitting, vide factors for the determination of the Island-born 19th Century Hudson River pursuant to law, the report of a rule entitled protectability of a revised design, to provide Painter; to the Committee on Homeland Se- ‘‘Announcement of the Delegation of Partial guidance for assessments of substantial simi- curity and Governmental Affairs. Administrative Authority for Implementa- larity, and for other purposes; to the Com- f tion of Federal Implementation Plan for the mittee on the Judiciary. Nez Perce Reservation to the Nez Perce By Mr. LOTT (for himself, Mr. COCH- ADDITIONAL COSPONSORS Tribe’’ (FRL No. 7970–2) received on Sep- RAN, Mr. VITTER, Ms. LANDRIEU, Mr. S. 258 tember 18, 2005; to the Committee on Envi- CORNYN, and Mr. BURNS): ronment and Public Works. S. 1786. A bill to authorize the Secretary of At the request of Mr. DEWINE, the f Transportation to make emergency airport name of the Senator from Vermont improvement project grants-in-aid under (Mr. JEFFORDS) was added as a cospon- REPORTS OF COMMITTEES title 49, United States Code, for repairs and sor of S. 258, a bill to amend the Public The following reports of committees costs related to damage from Hurricanes Health Service Act to enhance re- were submitted: Katrina and Rita; considered and passed. search, training, and health informa- By Mr. VITTER (for himself, Mr. By Mr. STEVENS, from the Committee on tion dissemination with respect to uro- GRASSLEY, Mr. CORNYN, and Mr. Appropriations, with an amendment in the logic diseases, and for other purposes. DEWINE): nature of a substitute: S. 1787. A bill to provide bankruptcy relief S. 347 H.R. 2863. A bill making appropriations for for victims of natural disasters, and for the Department of Defense for the fiscal year At the request of Mr. NELSON of Flor- other purposes; to the Committee on the Ju- ida, the name of the Senator from Cali- ending September 30, 2006, and for other pur- diciary. fornia (Mrs. BOXER) was added as a co- poses. By Mr. BAUCUS: f S. 1788. A bill to amend section 524(g)(1) of sponsor of S. 347, a bill to amend titles title 11, United States Code, to predicate the XVIII and XIX of the Social Security INTRODUCTION OF BILLS AND discharge of debts in bankruptcy by any Act and title III of the Public Health JOINT RESOLUTIONS vermiculite mining company meeting cer- Service Act to improve access to infor- The following bills and joint resolu- tain criteria on the establishment of a mation about individuals’ health care tions were introduced, read the first health care trust fund for certain individuals operations and legal rights for care and second times by unanimous con- suffering from an asbestos related disease; to near the end of life, to promote ad- the Committee on the Judiciary. sent, and referred as indicated: By Mrs. MURRAY: vance care planning and decision- By Mr. AKAKA (for himself and Mr. S.J. Res. 27. A joint resolution authorizing making so that individuals’ wishes are LEVIN): special awards to World War I and World War known should they become unable to

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE September 28, 2005 CONGRESSIONAL RECORD — SENATE S10595 speak for themselves, to engage health S. 1007 hibit the importation and shipment of care providers in disseminating infor- At the request of Mr. BINGAMAN, the certain species of carp. mation about and assisting in the prep- name of the Senator from South Da- S. 1405 aration of advance directives, which in- kota (Mr. JOHNSON) was added as a co- At the request of Mr. NELSON of Ne- clude living wills and durable powers of sponsor of S. 1007, a bill to prevent a braska, the names of the Senator from attorney for health care, and for other severe reduction in the Federal med- Vermont (Mr. JEFFORDS), the Senator purposes. ical assistance percentage determined from Hawaii (Mr. AKAKA) and the Sen- S. 440 for a State for fiscal year 2006. ator from Arkansas (Mrs. LINCOLN) At the request of Mr. BUNNING, the S. 1046 were added as cosponsors of S. 1405, a name of the Senator from New York At the request of Mr. KYL, the name bill to extend the 50 percent compli- (Mr. SCHUMER) was added as a cospon- of the Senator from North Carolina ance threshold used to determine sor of S. 440, a bill to amend title XIX (Mr. BURR) was added as a cosponsor of whether a hospital or unit of a hospital of the Social Security Act to include S. 1046, a bill to amend title 28, United is an inpatient rehabilitation facility podiatrists as physicians for purposes States Code, with respect to the juris- and to establish the National Advisory of covering physicians services under diction of Federal courts over certain Council on Medical Rehabilitation. the medicaid program. cases and controversies involving the S. 1411 S. 537 Pledge of Allegiance. At the request of Ms. SNOWE, the At the request of Mr. BINGAMAN, the S. 1060 name of the Senator from Wyoming names of the Senator from New York At the request of Mr. COLEMAN, the (Mr. ENZI) was added as a cosponsor of (Mrs. CLINTON) and the Senator from Il- name of the Senator from New York S. 1411, a bill to direct the Adminis- linois (Mr. DURBIN) were added as co- (Mrs. CLINTON) was added as a cospon- trator of the Small Business Adminis- sponsors of S. 537, a bill to increase the sor of S. 1060, a bill to amend the Inter- tration to establish a pilot program to number of well-trained mental health nal Revenue Code of 1986 to allow a provide regulatory compliance assist- service professionals (including those credit against income tax for the pur- ance to small business concerns, and based in schools) providing clinical chase of hearing aids. for other purposes. mental health care to children and ado- S. 1172 S. 1479 lescents, and for other purposes. At the request of Mr. SPECTER, the At the request of Mr. DODD, the name S. 627 name of the Senator from Vermont of the Senator from Vermont (Mr. JEF- At the request of Mr. HATCH, the (Mr. JEFFORDS) was added as a cospon- FORDS) was added as a cosponsor of S. names of the Senator from Colorado sor of S. 1172, a bill to provide for pro- 1479, a bill to provide for the expansion (Mr. ALLARD) and the Senator from Ar- grams to increase the awareness and of Federal efforts concerning the pre- kansas (Mrs. LINCOLN) were added as knowledge of women and health care vention, education, treatment, and re- cosponsors of S. 627, a bill to amend the providers with respect to gynecologic search activities related to Lyme and Internal Revenue Code of 1986 to per- cancers. other tick-borne diseases, including manently extend the research credit, the establishment of a Tick-Borne Dis- S. 1197 to increase the rates of the alternative eases Advisory Committee. At the request of Mr. BIDEN, the incremental credit, and to provide an S. 1489 names of the Senator from Arkansas alternative simplified credit for quali- At the request of Mrs. CLINTON, the (Mrs. LINCOLN) and the Senator from fied research expenses. name of the Senator from California Minnesota (Mr. COLEMAN) were added S. 663 (Mrs. BOXER) was added as a cosponsor as cosponsors of S. 1197, a bill to reau- At the request of Mr. BINGAMAN, the of S. 1489, a bill to amend the Public thorize the Violence Against Women name of the Senator from Illinois (Mr. Health Service Act with regard to re- Act of 1994. DURBIN) was added as a cosponsor of S. search on asthma, and for other pur- 663, a bill to amend the Internal Rev- S. 1217 poses. At the request of Mr. BINGAMAN, the enue Code of 1986 to allow self-em- S. 1573 names of the Senator from Vermont ployed individuals to deduct health in- At the request of Mrs. DOLE, the surance costs in computing self-em- (Mr. JEFFORDS) and the Senator from name of the Senator from New Jersey California (Mrs. BOXER) were added as ployment taxes. (Mr. LAUTENBERG) was added as a co- cosponsors of S. 1217, a bill to amend S. 713 sponsor of S. 1573, a bill to amend the title II of the Social Security Act to At the request of Mr. ROBERTS, the Internal Revenue Code of 1986 to en- name of the Senator from Wyoming phase out the 24-month waiting period courage the funding of collectively bar- for disabled individuals to become eli- (Mr. ENZI) was added as a cosponsor of gained retiree health benefits. gible for medicare benefits, to elimi- S. 713, a bill to amend the Internal S. 1575 nate the waiting period for individuals Revenue Code of 1986 to provide for col- At the request of Mr. BINGAMAN, the with life-threatening conditions, and legiate housing and infrastructure names of the Senator from New York for other purposes. grants. (Mrs. CLINTON) and the Senator from S. 1309 S. 755 California (Mrs. BOXER) were added as At the request of Mr. BUNNING, the At the request of Mr. BAUCUS, the cosponsors of S. 1575, a bill to amend name of the Senator from Ohio (Mr. name of the Senator from California the Public Health Service Act to au- DEWINE) was added as a cosponsor of S. (Mrs. FEINSTEIN) was added as a co- thorize a demonstration program to in- 755, a bill to authorize the Secretary of sponsor of S. 1309, a bill to amend the crease the number of doctorally pre- Health and Human Services to make Trade Act of 1974 to extend the trade pared nurse faculty. grants to nonprofit tax-exempt organi- adjustment assistance program to the S. 1589 zations for the purchase of ultrasound services sector, and for other purposes. At the request of Mr. BINGAMAN, the equipment to provide free examina- S. 1358 names of the Senator from New Jersey tions to women needing such services, At the request of Mr. DURBIN, the (Mr. LAUTENBERG), the Senator from and for other purposes. name of the Senator from Maryland Michigan (Mr. LEVIN) and the Senator S. 911 (Ms. MIKULSKI) was added as a cospon- from Maryland (Mr. SARBANES) were At the request of Mr. CONRAD, the sor of S. 1358, a bill to protect scientific added as cosponsors of S. 1589, a bill to name of the Senator from Iowa (Mr. integrity in Federal research and pol- amend title XVIII of the Social Secu- HARKIN) was added as a cosponsor of S. icymaking. rity Act to provide for reductions in 911, a bill to amend title XVIII of the S. 1402 the medicare part B premium through Social Security Act to provide for re- At the request of Mr. DEWINE, the elimination of certain overpayments to imbursement of certified midwife serv- name of the Senator from Minnesota Medicare Advantage organizations. ices and to provide for more equitable (Mr. COLEMAN) was added as a cospon- S. 1631 reimbursement rates for certified sor of S. 1402, a bill to amend section 42 At the request of Mr. DORGAN, the nurse-midwife services. of title 18, United States Code, to pro- name of the Senator from Nevada (Mr.

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE S10596 CONGRESSIONAL RECORD — SENATE September 28, 2005 REID) was added as a cosponsor of S. Protection Act, legislation intended to BSE, however, they do not go far 1631, a bill to amend the Internal Rev- protect people from the unnecessary enough. Because they still allow the enue Code of 1986 to impose a tem- spread of disease. This bill would pro- processing of downer cattle. porary windfall profit tax on crude oil hibit the use of nonambulatory ani- According to a study performed by and to rebate the tax collected back to mals for human consumption. the Harvard School of the Public the American consumer, and for other Nonambulatory animals, also known Health in conjunction with the USDA purposes. as downed animals, are livestock such and surveillance data from European S. 1700 as cattle, sheep, swine, goats, horses, countries, downer cattle are among the At the request of Mr. COBURN, the mules, or other equines that are too highest risk population for BSE. Ac- name of the Senator from South Da- sick to stand or walk unassisted. Many cording to the Harvard Study, the re- kota (Mr. JOHNSON) was added as a co- of these animals are dying from infec- moval of nonambulatory cattle from sponsor of S. 1700, a bill to establish an tious diseases and present a significant the population intended for slaughter Office of the Hurricane Katrina Recov- pathway for the spread of disease. would reduce the probability of spread- ery Chief Financial Officer, and for The safety of our Nation’s food sup- ing BSE by 82 percent. The USDA and other purposes. ply is of the utmost importance. With the FDA have acknowledged that the presence of bovine spongiform S. 1735 downed animals serve as a potential encephalopathy (BSE), also known as At the request of Ms. CANTWELL, the pathway for the spread of BSE. While mad-cow disease, and other strains of name of the Senator from Hawaii (Mr. both have entertained the idea of pro- transmissible spongiform AKAKA) was added as a cosponsor of S. hibiting the rendering of downed cat- encephalopathies (TSE), which are re- 1735, a bill to improve the Federal tle, they have taken no formal action. lated animal diseases found not only in Trade Commission’s ability to protect It is imperative that we, Congress, en- nearby countries but also in the United consumers from price-gouging during sure that downer livestock does not States, it is important that we take all energy emergencies, and for other pur- enter our food chain, and the best way measures necessary to ensure that our poses. to accomplish this task is to codify the food is safe. prohibition of downer livestock from S. 1761 Currently, before slaughter, the entering our food supply. At the request of Mr. THUNE, the United States Department of Agri- The Downed Animal Protection Act name of the Senator from Alaska (Mr. culture’s (USDA) Food Safety Inspec- fills a gap in the current USDA and STEVENS) was added as a cosponsor of tion Service (FSIS) diverts downer FDA regulations. The bill calls for the S. 1761, a bill to clarify the liability of livestock only if they exhibit clinical humane euthanization of non- government contractors assisting in signs associated with BSE. Routinely, ambulatory livestock, both for inter- rescue, recovery, repair, and recon- BSE is not correctly distinguished state and foreign commerce. The struction work in the Gulf Coast region from many other diseases and condi- euthanization of nonambulatory live- of the United States affected by Hurri- tions that show similar symptoms. The stock would remove this high risk pop- cane Katrina or other major disasters. ante-mortem inspection that is cur- ulation from the portion of livestock S. CON. RES. 25 rently used in the United States is very reserved for our consumption. Due to At the request of Mr. TALENT, the similar to the inspection process in Eu- the presence of other TSE diseases name of the Senator from South Caro- rope, which has proved to be inad- found throughout other species of live- lina (Mr. GRAHAM) was added as a co- equate for detecting BSE. Con- stock, all animals that fit under the sponsor of S. Con. Res. 25, a concurrent sequently, if BSE were present in a definition of livestock will be included resolution expressing the sense of Con- U.S. downed animal, it could currently in this bill. gress regarding the application of Air- be offered for slaughter. If the animal The benefits of my bill are numerous, bus for launch aid. showed no clinical signs of the disease, for both the public and the industry. S. CON. RES. 53 the animal would then pass an ante- On the face of it, the bill will prevent At the request of Mr. OBAMA, the mortem inspection, making the dis- needless suffering by humanely name of the Senator from New York eased animal available for human con- euthanizing nonambulatory animals. (Mr. SCHUMER) was added as a cospon- sumption. The BSE agent could then The removal of downed animals from sor of S. Con. Res. 53, a concurrent res- cross-contaminate the normally safe our products will insure that they are olution expressing the sense of Con- muscle tissue during slaughter and safer and of better quality. The reduc- gress that any effort to impose photo processing. The disposal of downer live- tion in the likelihood of the spread of identification requirements for voting stock would ensure that the BSE agent diseases would result in safer working should be rejected. would not be recycled to contaminate conditions for persons handling live- S. RES. 236 otherwise safe meat. stock. This added protection against At the request of Mr. COLEMAN, the There are other TSE diseases already disease would help the flow of livestock name of the Senator from Indiana (Mr. known to us such as scrapie that af- and livestock products in interstate BAYH) was added as a cosponsor of S. fects sheep and goats, chronic wasting and foreign commerce, making com- Res. 236, a resolution recognizing the disease in deer and elk, and classic merce in livestock more easily attain- need to pursue research into the Creutzfeldt-Jakob Disease in humans, able. causes, a treatment, and an eventual all of which are present in the United Some individuals fear that this bill cure for idiopathic pulmonary fibrosis, States. Because our knowledge of such would place an excessive financial bur- supporting the goals and ideals of Na- diseases are limited, the inclusion of den on the livestock industry. I want tional Idiopathic Pulmonary Fibrosis horses, mules, swine, and other equine to remind my colleagues that one sin- Awareness Week, and for other pur- in this act are a necessary precaution. gle downed cow in Canada diagnosed poses. This precautionary measure is needed with BSE in 2003 shut down the world’s f in order to ensure that the human pop- third largest beef exporter. It is esti- ulation is not affected by diseased live- mated that the Canadian beef industry STATEMENTS ON INTRODUCED stock. The Food and Drug Administra- lost more than $1 billion when more BILLS AND JOINT RESOLUTIONS tion (FDA) has already created regula- than 30 countries banned Canadian cat- By Mr. AKAKA (for himself and tions that prevent imports of all live tle and beef upon the discovery of BSE. Mr. LEVIN): cattle and other ruminants and certain As the Canadian cattle industry con- S. 1779. A bill to amend the Humane ruminant products from countries tinues to recover from its economic Methods of Livestock Slaughter Act of where BSE is known to exist. In 1997, loss, it is prudent for the United States 1958 to ensure the humane slaughter of the FDA placed a prohibition on the to be proactive in preventing BSE and nonambulatory livestock, and for other use of all mammalian protein, with a other animal diseases from entering purposes; to the Committee on Agri- few exceptions, in animal feeds given our food chain. culture, Nutrition, and Forestry. to cattle and other ruminants. These Today, the USDA has increased its Mr. AKAKA. Mr. President, I rise regulations are a good start in pro- efforts to test approximately ten per- today to introduce the Downed Animal tecting us from the possible spread of cent of downed cattle per year for BSE.

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE September 28, 2005 CONGRESSIONAL RECORD — SENATE S10597 However, it is my understanding that ‘‘(4) NONAMBULATORY LIVESTOCK.—The term Katrina as excellent or good. By con- the USDA is looking to revisit this ‘nonambulatory livestock’ means any cattle, trast, 32 percent described the govern- issue. I do not believe that now is the sheep, swine, goats, or horses, mules, or ment’s response as excellent or good, time to lower our defenses. We must other equines, that will not stand and walk and 67 percent said fair or poor. unassisted. The work of charitable organizations protect our livestock industry and ‘‘(5) SECRETARY.—The term ‘Secretary’ human health from diseases such as means the Secretary of Agriculture. and their volunteers have been inspira- BSE. This bill reduces the threat of ‘‘(b) HUMANE TREATMENT, HANDLING, AND tional at a time when many feel hope- passing diseases from downed livestock DISPOSITION.—The Secretary shall promul- less. I recently held a hearing in the to our food supply. It ensures downed gate regulations to provide for the humane Finance Subcommittee of Social Secu- animals will not be used for human treatment, handling, and disposition of all rity and Family Policy to hear from consumption. It also requires higher nonambulatory livestock by covered enti- charitable organizations about their ef- ties, including a requirement that non- standards for food safety and protects forts around the gulf coast. Though the ambulatory livestock be humanely hearing was scheduled before the the human population from diseases euthanized. and the livestock industry from eco- ‘‘(c) HUMANE EUTHANASIA.— events of Hurricane Katrina, the amaz- nomic distress. ‘‘(1) IN GENERAL.—Subject to paragraph (2), ing work being done by these organiza- American consumers should be able when an animal becomes nonambulatory, a tions highlighted the need for chari- to rely on the Federal Government to covered entity shall immediately humanely table incentives to continue and ex- ensure that meat and meat by-products euthanize the nonambulatory livestock. pand the generosity we are seeing. are safe for human consumption. I urge ‘‘(2) DISEASE TESTING.—Paragraph (1) shall In response to Hurricane Katrina, we my colleagues to support this impor- not limit the ability of the Secretary to test have seen organizations such as Amer- nonambulatory livestock for a disease, such ica’s Second Harvest and the Florida tant bill. I ask unanimous consent that as Bovine Spongiform Encephalopathy. Boulevard Baptist Church feed the hun- the text of the measure be printed in ‘‘(d) MOVEMENT.— the RECORD. ‘‘(1) IN GENERAL.—A covered entity shall gry. We have seen that within 48 hours There being no objection, the bill was not move nonambulatory livestock while the of Katrina, the Nation’s fraternal ben- ordered to be printed in the RECORD, as nonambulatory livestock are conscious. efit societies were feeding, housing, follows: ‘‘(2) UNCONSCIOUSNESS.—In the case of any and providing supplies, clothes, S. 1779 nonambulatory livestock that are moved, toiletries, cash and beds to those in the covered entity shall ensure that the non- Be it enacted by the Senate and House of Rep- need in shelters both in Houston and in ambulatory livestock remain unconscious resentatives of the United States of America in New Orleans. During the first week of until death. Congress assembled, ‘‘(e) INSPECTIONS.— this effort, fraternals had already ex- SECTION 1. SHORT TITLE. ‘‘(1) IN GENERAL.—It shall be unlawful for pended upwards of $14 million on hurri- This Act may be cited as the ‘‘Downed Ani- an inspector at an establishment to pass cane relief, a sum which is expected to mal Protection Act’’. through inspection any nonambulatory live- increase as these efforts broaden. We SEC. 2. FINDING AND DECLARATION OF POLICY. stock or carcass (including parts of a car- see community foundations, such as (a) FINDING.—Congress finds that the hu- cass) of nonambulatory livestock. the Baton Rouge Area Foundation, lit- mane euthanization of nonambulatory live- ‘‘(2) LABELING.—An inspector or other em- stock in interstate and foreign commerce— erally saving people’s lives by helping ployee of an establishment shall label, mark, Louisiana State University open a field (1) prevents needless suffering; stamp, or tag as ‘inspected and condemned’ (2) results in safer and better working con- any material described in paragraph (1).’’. hospital for 1,000 people in an old ditions for persons handling livestock; (b) EFFECTIVE DATE.— Kmart. And we see national organiza- (3) brings about improvement of products (1) IN GENERAL.—Except as provided in tions such as the YMCA of the USA and reduces the likelihood of the spread of paragraph (2), the amendment made by sub- providing program services such as diseases that have a great and deleterious section (a) takes effect on the date that is 1 emergency child care, recreation, and impact on interstate and foreign commerce year after the date of enactment of this Act. in livestock; and grief counseling. The YMCA has pro- (2) REGULATIONS.—Not later than 1 year vided showers and other physical com- (4) produces other benefits for producers, after the date of enactment of this Act, the processors, and consumers that tend to expe- Secretary of Agriculture shall promulgate forts and opened up their facilities as dite an orderly flow of livestock and live- final regulations to implement the amend- staging areas for relief, recovery and stock products in interstate foreign comment made by subsection (a). clean-up efforts. And the list goes on merce. and on and on—not even considering (b) DECLARATION OF POLICY.—It is the pol- Mr. SANTORUM (for himself, Mr. the response of these same organiza- icy of the United States that all non- LIEBERMAN, Mr. FRIST, Mr. ambulatory livestock in interstate and for- tions and many others to Hurricane eign commerce shall be immediately and hu- HATCH, Mr. LUGAR, Mr. SMITH, Rita. manely euthanized when such livestock be- Mr. INOUYE, Mr. COLEMAN, and The CARE Act is a bipartisan bill come nonambulatory. Mr. BUNNING): that received strong bipartisan support SEC. 3. UNLAWFUL SLAUGHTER PRACTICES IN- S. 1780. A bill to amend the Internal as it passed the Senate in the 108th VOLVING NONAMBULATORY LIVE- Revenue Code of 1986 to provide incen- Congress by a vote of 95–5. The House STOCK. tives for charitable contributions by of Representatives passed companion (a) IN GENERAL.—Public Law 85–765 (com- individuals and businesses, to improve monly known as the ‘‘Humane Methods of legislation, the Charitable Giving Act, Slaughter Act of 1958’’) (7 U.S.C. 1901 et seq.) the public disclosure of activities of ex- by a vote of 408–13. Sadly, this bill was is amended by inserting after section 2 (7 empt organizations, and to enhance the blocked this bill from going to con- U.S.C. 1902) the following: ability of low-income Americans to ference despite overwhelming support ‘‘SEC. 3. NONAMBULATORY LIVESTOCK. gain financial security by building as- from both Houses and the general pub- ‘‘(a) DEFINITIONS.—In this section: sets, and for other purposes; to the lic. ‘‘(1) COVERED ENTITY.—The term ‘covered Committee on Finance. The CARE Act of 2005 provides com- entity’ means— Mr. SANTORUM. Mr. President, I monsense provisions to induce chari- ‘‘(A) a stockyard; rise to introduce the CARE Act of 2005 table giving. Among these include the ‘‘(B) a market agency; along with Senator LIEBERMAN, a bill above-the-line deduction for non- ‘‘(C) a dealer; ‘‘(D) a packer; we have been trying to push through itemizers. More than two-thirds of ‘‘(E) a slaughter facility; or Congress since 2000. However, at no Americans do not itemize on their tax ‘‘(F) an establishment. point in the past five years has the pas- returns, yet this group is estimated to ‘‘(2) ESTABLISHMENT.—The term ‘establish- sage of this bill been so timely. contribute $36 billion to charities. Re- ment’ means an establishment that is cov- At a time where America appears di- search indicates that lower and mod- ered by the Federal Meat Inspection Act (21 vided on a War on Terror, Supreme erate-income individuals are more like- U.S.C. 601 et seq.). Court nominations, and the relief ef- ly not to itemize on their tax returns, ‘‘(3) HUMANELY EUTHANIZE.—The term ‘hu- fort in the gulf region, Americans are and that they give a greater percentage manely euthanize’ means to immediately render an animal unconscious by mechan- unified in their support of charitable of their incomes to charity than higher ical, chemical, or other means, with this organizations. In a recent Zogby poll, income individuals. It is only fair that state remaining until the death of the ani- 86 percent of those polled rated private they benefit for their generosity. As mal. charities’ response to Hurricane Major Hood from the Salvation Army

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE S10598 CONGRESSIONAL RECORD — SENATE September 28, 2005 so eloquently wrote in his testimony at We have also seen the philanthropy Today, I rise to reintroduce those my hearing, ‘‘[t]he provision allowing of corporations such as Home Depot portions of my refining capacity legis- non-itemizers to deduct charitable con- and Coca-Cola Company. The Home lation that were left out of the energy tributions can only encourage those Depot Foundation has donated nearly bill and call upon my colleagues to Americans with smaller incomes—in- $4 million to assist in the relief efforts. help me finish what was begun with my cluding young professionals who might Coca-Cola Company donated $5 million original bill. otherwise be inclined to begin a life- and water and other beverages to the My new legislation, the Refinery In- time of annual giving—to contribute to Federal Emergency Management Agen- vestment Tax Assistance Act, would worthy causes. We do not discriminate cy for its relief efforts. This is an ap- enhance the incentives made in the en- among those in need, and we ask Con- propriate time to gradually raise the ergy bill by increasing the short-term gress not to discriminate in providing caps on corporate contributions from incentive to add new and expanded re- tax incentives for charitable giving.’’ 10 to 20 percent to encourage corpora- fining facilities and by removing the Additionally, the CARE Act calls for tions to continue their social responsi- obstacle of long tax depreciation sched- tax-free IRA charitable distributions bility. We must also level the playing ules that refineries face. for individuals aged 701⁄2 and over. My field for all corporate donations by ex- For those refiners able to commit to home State of Pennsylvania has the panding charitable incentives for S installing new refining equipment be- second highest percentage of seniors in corporations to increase charitable giv- fore 2008 and to have that added capac- the country. Many of these older Amer- ing. ity built by 2012, my original bill would icans want to experience the joy of In my home State of Pennsylvania, I have allowed a complete write-off for making a difference by giving, and this have worked closely with the Pennsyl- investments in new refining equipment provision provides them that oppor- vania Association of Nonprofit Organi- in the first year. As passed by Con- tunity. Certainly, these individuals zations. I have heard from many of the gress, though, this provision was cut should not be penalized for contrib- nonprofits in my State about the press- for budgetary reasons to allow for ex- uting portions of their life’s savings to ing need for the charitable incentives pensing of only 50 percent of the costs a worthy cause. we have in the CARE Act. in the first year. The legislation I am Organizations have been generous The time is now to expand charitable introducing today would enhance that during this crisis by donating food to giving, both in my home State and to allow for the full 100 percent expens- those who need it. The CARE Act pro- throughout the Nation. One certainty ing in the first year. Now, more than vides expanded incentives that will we have seen is in every disaster that ever, we need to use every possible yield an estimated $2 billion worth of occurs in the United States and around means to increase the security of our food donations from farmers, res- the world is the desire of fellow Ameri- fuel supply. taurants, and corporations to help cans to help those that are in need. We This bill would also restore another those in need. America’s Second Har- should commend that generosity by very important provision of S. 1039 vest estimates that this is the equiva- passing this legislation. that was dropped out of the energy bill lent of 878 million meals for hungry as a cost savings. This provision would Americans over 10 years. Last year, the By Mr. HATCH: S. 1781. A bill to amend the Internal help to remove some of the disparity North American Mission Board of the the refining industry faces in our cur- Southern Baptist Convention helped Revenue Code of 1986 to allow full ex- rent tax system. Most manufacturers provide 3 million meals to hungry peo- pensing for the cost of qualified refin- in our country are able to depreciate ple. At the time of my hearing they ery property in the year in which the the cost of their new equipment over were feeding hurricane victims 250,000 property is placed in service, and to five years. Refineries, on the other meals each day. By allowing businesses classify petroleum refining property as to recoup production costs this provi- 5-year property for purposes of depre- hand, are strapped with a full 10-year sion will incentivize food donations and ciation; to the Committee on Finance. depreciation period. This unfair treat- help our action fight hunger. For the Mr. HATCH. Mr. President, just this ment of our refining industry acts as a first time, farmers, ranchers, small past May, I stood at a gas station in long-term obstacle to new investment business and restaurant owners will Salt Lake City and announced the in- in increased capacity. The current 10- benefit from the same tax incentives troduction of S. 1039, the Gas Price Re- year depreciation schedule for refiners afforded major corporate donors for the duction Through Increased Refining is unwarranted, and it is past time that donation of food to the needy. Capacity Act of 2005. we level the playing field on deprecia- The CARE Act also provides asset By standing near a gas pump charg- tion for this critically important sec- building initiatives for low-income in- ing $2.25 per gallon, I thought I was tor of our energy industry. dividuals. Low-income Americans face making a strong statement about the On September 6, in the aftermath of a huge hurdle when trying to save. In- high price of gas and the need for Katrina, Mr. Bob Slaughter of the Na- dividual Development Accounts, IDAs, greater refining capacity in our coun- tional Petrochemical & Refiners Asso- provide them with a way to work to- try. ciation testified before the Senate En- ward building assets while instilling That was only a few months ago, but ergy and Natural Resources Com- the practice of saving into their every- hurricanes Katrina and Rita have since mittee. He said that an important solu- day lives. IDAs are one of the most exposed the vulnerability of our Na- tion to our energy crisis would be to promising tools that enable low-in- tion’s refining infrastructure, and the ‘‘[e]xpand the refining tax incentive come and low-wealth American fami- gas prices in May now seem like the provision in the Energy Act. Reduce lies to save, build assets, and enter the good old days. the depreciation period for refining in- financial mainstream. Based on the I am pleased that the energy bill vestments from 10 to seven or five idea that all Americans should have ac- signed by President Bush this summer years in order to remove a current dis- cess, through the tax code or through included the principal concept of S. incentive for refining investment. direct expenditures, to the structures 1039—that of providing a strong tax in- Allow expensing under the current lan- that subsidize homeownership and re- centive to expand refinery capacity by guage to take place as the investment tirement savings of wealthier families, allowing the cost to be written off im- is made rather than when the equip- IDAs encourage savings efforts among mediately. Unfortunately, because of ment is actually placed in service. Or the poor by offering them a one-to-one budget restrictions, my legislation had the percentage expensed could be in- match for their own deposits. IDAs re- to be cut. creased as per the original legislation ward the monthly savings of working- I have long been concerned that our introduced by Senator HATCH.’’ poor families who are trying to buy shrinking number of refineries and I think it is important to recognize their first home, pay for post-sec- their proximity to our Nation’s coasts that, over time, this legislation will ondary education, or start a small pose an unacceptable risk to our eco- not cost the U.S. Treasury one dime. It business. These matched savings ac- nomic and strategic security. I thought would allow refineries to change the counts are similar to 401(k) plans and cutting S. 1039 was a mistake at the timing of the depreciation of their other matched savings accounts, but time, and now I am hoping Congress equipment, but not the amount. And, can serve a broad range of purposes. will remedy that mistake. we should keep in mind that when this

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We build on the patient safety bill creased the tax base. ‘‘(C) SPECIAL RULE FOR MERGERS AND ACQUI- that was signed into law earlier this I want to throw my full support be- SITIONS.—Such term shall not include any summer by creating a voluntary pro- property with respect to which a deduction hind the proposals recently announced was taken under subsection (e)(3)(B) by any gram to encourage disclosure of errors, by House Energy and Commerce Chair- other taxpayer in any preceding year.’’. an opportunity to enter negotiations man BARTON and House Resource Com- (c) EFFECTIVE DATE.— and early settlement, while, at the mittee Chairman POMBO, which would (1) IN GENERAL.—The amendments made by same time, protecting patients’ rights take other approaches to increase the this section shall apply to property placed in and providing liability protection for number of refineries in our Nation. service after the date of the enactment of health care providers who participate From both a national security and an this Act. in the program. (2) EXCEPTION.—The amendments made by Our bill is designed to bridge the gap energy security perspective, I espe- this section shall not apply to any property cially endorse a proposal by Chairman with respect to which the taxpayer has en- between the medical liability and pa- POMBO to locate more refineries on tered into a binding contract for the con- tient safety systems for the benefit of public lands near oil resource deposits. struction thereof on or before the date of the patients and providers. Such a move will make our Nation enactment of this Act. The truly unfortunate result of the more secure from attacks from terror- current congressional stalemate over ists and from Mother Nature. I under- By Mrs. CLINTON (for herself caps is that patients and physicians are stand that Senate Energy and Natural and Mr. OBAMA): left waiting for someone to break the Resource Committee Chairman Pete S. 1784. A bill to amend the Public logjam and work to find bipartisan so- Domenici is promoting similar pro- Health Service Act to promote a cul- lutions that have an opportunity to posals on the Senate side. And I ap- ture of safety within the health care mitigate this problem. I believe it’s system through the establishment of a plaud these men for their leadership. critical that we find a way around this We have learned that when it comes National Medical Error Disclosure and stalemate and that Congress work in to our Nation’s energy security, refin- Compensation Program; to the Com- good faith to find solutions that can mittee on Health, Education, Labor, ing is where we are the most vulner- garner enough support to find their and Pensions. able. It is not the time for half meas- way to the President’s desk. Mrs. CLINTON. Mr. President, I am I believe that this is an exciting and ures, but bold immediate action to es- pleased today to introduce legislation innovative program that will improve tablish a secure and independent refin- that will improve patient safety while patient-physician communication, re- ing program in this country. I hope my helping to provide some relief to health duce the rates of preventable patient colleagues will join me in my efforts to care providers dealing with escalating injury, reduce the liability insurance achieve this goal. I ask unanimous con- medical liability costs. sent that the text of the bill be printed We are dealing with a medical mal- premiums that physicians are facing, in the RECORD. practice problem in this country that and insure that patients have access to There being no objection, the bill was is jeopardizing patient safety and hurt- fair compensation for medical injury: ordered to be printed in the RECORD, as ing our health care system. As I visit Four fundamental goals that I believe follows: with doctors and hospitals in New York are necessary components of any solu- S. 1781 and around the Nation, I hear about tion we consider. Be it enacted by the Senate and House of Rep- the pressures and problems of esca- There are a number of successful pro- resentatives of the United States of America in lating medical malpractice insurance grams across the country that are con- Congress assembled, premiums. sistent with the provisions of our legis- SECTION 1. SHORT TITLE. These high premiums are forcing lation, including one at the University This Act may be cited as the ‘‘Refinery In- many physicians to alter their practice of Michigan, and even one initiated by vestment Tax Assistance Act of 2005’’. of medicine and leaving some patients a medical malpractice insurance pro- SEC. 2. FULL EXPENSING FOR QUALIFIED REFIN- without access to necessary medical vider in Colorado. I am excited about ERY PROPERTY. care. In my State of New York, an un- the results these programs are pro- (a) IN GENERAL.—Subsection (a) of section acceptable 40 percent of our counties ducing—fewer numbers of suits being 179C of the Internal Revenue Code of 1986, as filed, more patients being compensated added by section 1323 of the Energy Policy have less than 5 practicing obstetri- Act of 2005, is amended by striking ‘‘50 per- cians. for injuries, greater patient trust and cent of’’. At the same time, we have all heard satisfaction, and significantly reduced (b) EFFECTIVE DATE.—The amendment the terrifying statistic from the land- administrative and legal defense costs made by subsection (a) shall take effect as if mark 1999 IOM report stating that as for providers, insurers, and hospitals included in section 1323 of the Energy Policy many as 98,000 deaths every year are where these programs are in place. Act of 2005. the result of medical errors. But, far I am hopeful that our legislation will SEC. 3. PETROLEUM REFINING PROPERTY fewer people know that the IOM sug- provide an opportunity for more hos- TREATED AS 5-YEAR PROPERTY. gests that 90 percent of medical errors pitals and physicians to use this pro- (a) IN GENERAL.—Subparagraph (B) of sec- gram and see for themselves the bene- tion 168(e)(3) of the Internal Revenue Code of are the result of failed systems and 1986 (relating to 5-year property) is amended procedures, not the negligence of phy- fits they—and their patients—will by striking ‘‘and’’ at the end of clause (v), by sicians. reap. striking the period at the end of clause (vi) We must do better. If properly de- Mr. OBAMA. Mr. President, it is my and inserting ‘‘, and’’, and by adding at the signed, these systems and procedures pleasure to join Senator CLINTON to in- end the following new clause: could go a long way towards seriously troduce legislation that will help us all ‘‘(vii) any petroleum refining property.’’. reducing medical errors. find common ground on the debate over (b) PETROLEUM REFINING PROPERTY.—Sec- But, understanding the root causes of patient safety and medical malpractice tion 168(i) of such Code is amended by adding errors requires their disclosure and claims. at the end the following new paragraph: analysis. And that’s the fundamental Today, medical error is the eighth ‘‘(18) PETROLEUM REFINING PROPERTY.— ‘‘(A) IN GENERAL.—The term ‘petroleum re- tension between the medical liability leading cause of death in the United fining property’ means any asset for petro- system and our common goal of pro- States. Every year, these tragic mis- leum refining, including assets used for the viding high quality care and improving takes cost the lives of up to 98,000 distillation, fractionation, and catalytic patient safety in the health care sys- Americans. This is unacceptable in cracking of crude petroleum into gasoline tem. America, and we must do more to en- and its other components. Studies have consistently shown that sure that every patient gets the right ‘‘(B) ASSET MUST MEET ENVIRONMENTAL health care providers are reticent to care, at the right time, in the right LAWS.—Such term shall not include any engage in patient safety activities and property which does not meet all applicable way. environmental laws in effect on the date be open about errors because they be- The debate in Washington over this such property was placed in service. For pur- lieve they are being asked to do so issue has been centered on caps and poses of the preceding sentence, a waiver without appropriate assurances of legal lawsuits. But across America, hospitals under the Clean Air Act shall not be taken protection. and medical providers are proving that

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This legislation administrators aren’t trying to cover a revised design, to provide guidance will ensure that there will be continued up medical errors—They’re trying to for assessments of substantial simi- innovation in the design and manufac- admit them. Instead of closing ranks larity, and for other purposes; to the ture of boats for many years to come. and keeping the patient in the dark, Committee on the Judiciary. I ask unanimous consent that the they’re investigating potential errors, Mr. CORNYN. Mr. President, I rise text of the bill be printed in the apologizing if mistakes have been today along with the Senior Senator RECORD. made, and offering a reasonable settle- from Vermont in introducing the Ves- There being no objection, the bill was ment that keeps the case out of court. sel Hull Design Protection Act Amend- ordered to be printed in the RECORD, as This program is often known as ments of 2005. This is the third recent follows: ‘‘Sorry Works,’’ and it’s led to some piece of legislation on which I have S. 1785 amazing results. When patients are teamed with Senator LEAHY—first Be it enacted by the Senate and House of Rep- treated with respect and told the truth, working together on important reforms resentatives of the United States of America in they sue less. More are actually com- to the Freedom of Information Act and Congress assembled, pensated for their injuries, but medical then joining to introduce significant SECTION 1. SHORT TITLE. providers pay less because the reward counterfeiting prevention legislation. I This Act may be cited as the ‘‘Vessel Hull is the result of a settlement, not an exam glad to continue our work by intro- Design Protection Amendments of 2005’’. pensive lawsuit. Malpractice costs for ducing this legislation which, though SEC. 2. DESIGNS PROTECTED. doctors go down, and health care pro- seemingly technical and minor, offers Section 1301(a) of title 17, United States fessionals actually learn from their very important clarifications about the Code, is amended by striking paragraph (2) mistakes so they’re not repeated and scope of protections available to boat and inserting the following: lives are saved. designs. ‘‘(2) VESSEL FEATURES.—The design of a At the VA hospital in Lexington, Boat designs, like any technical de- vessel hull or deck, including a plug or mold, is subject to protection under this chapter, Kentucky, this program has reduced signs, are complex and are the result of notwithstanding section 1302(4).’’. a great deal of hard work and contribu- the average settlement to $16,000, com- SEC. 3. DEFINITIONS. pared with $98,000 nationwide. This tion of intellectual property. Accord- Section 1301(b) of title 17, United States ranked in the lowest quartile of all VA ingly, Congress enacted the Vessel Hull Code, is amended— facilities for malpractice payouts. At Design Protection Act in 1998 to pro- (1) in paragraph (2), by striking ‘‘vessel the University of Michigan’s hospital vide necessary protections that were hull, including a plug or mold,’’ and insert- system, this program helped them cut not present among copyright statutes ing ‘‘vessel hull or deck, including a plug or their lawsuits in half and save up to $2 prior to that time. The Act has been mold,’’; million in defense litigation. instrumental for the continued devel- (2) by striking paragraph (4) and inserting The bill we’re introducing today opment and protection of boat designs the following: ‘‘(4) A ‘hull’ is the exterior frame or body builds on these hopeful results and in- but unfortunately recently has encoun- of a vessel, exclusive of the deck, super- corporates them into a national pro- tered a few hurdles. structure, masts, sails, yards, rigging, hard- gram. The National Medical Error Dis- A recent court decision raised ques- ware, fixtures, and other attachments.’’; and closure and Compensation Act, or tions about the scope of protections (3) by adding at the end the following: MEDiC Act, will help reduce medical available to various boat designs. Jus- ‘‘(7) A ‘deck’ is the horizontal surface of a error rates and medical malpractice tifiably or not, this interpretation vessel that covers the hull, including exte- costs by opening the lines of commu- under the VHDPA unfortunately has rior cabin and cockpit surfaces, and exclu- nication between doctors and pa- led many in the boat manufacturing in- sive of masts, sails, yards, rigging, hardware, fixtures, and other attachments.’’. tients—encouraging honesty and ac- dustry to conclude that the Act’s pro- countability in the process. visions are not effective at protecting Mr. LEAHY. Mr. President, Senator The bill will also set up a National vessel designs. Intellectual property CORNYN and I have already worked to- Patient Safety Database, which will be protection of those designs is critical gether on significant Freedom of Infor- used to determine best practices in pre- to these manufacturers in order to en- mation Act legislation and on counter- venting medical errors, improving pa- courage innovative design and clari- feiting legislation during the first ses- tient safety, and increasing account- fication is needed. sion of this Congress. Today, we are in- ability in the healthcare system. The legislation we offer will clarify troducing another bill and taking our We expect participants to see a cost that the protections accorded to a ves- partnership to the high seas, or at least savings, and we will require them to re- sel design can be used to separately to our Nation’s boat manufacturing in- invest a portion of these savings into protect a vessel’s hull and/or deck as dustry, with the Vessel Hull Design patient quality measures that will re- well as a plug or mold of either the hull Protection Act Amendments of 2005. duce medical errors. This bill also re- or deck. The proposed amendments Designs of boat vessel hulls are often quires that some of these savings are would make clear that it remains pos- the result of a great deal of time, ef- passed along to providers in the form of sible for boat designers to seek protec- fort, and financial investment. They lower malpractice insurance premiums. tion for both the hull and the deck, and are afforded intellectual property pro- Certainly, these are lofty goals. But plug or mold of both, of a single vessel, tection under the Vessel Hull Design what Senator CLINTON and I hope to do and many designers no doubt will con- Protection Act that Congress passed in with this legislation is promote the tinue to do so. However, these amend- 1998. This law exists for the same rea- type of creative thinking that will be ments are intended to clarify that pro- son that other works enjoy intellectual required if this country is going to tection under the VHDPA for these property rights: to encourage contin- overcome some of the gridlock in the vessel elements may be analyzed sepa- ued innovation, to protect the works healthcare debate. The MEDiC Act of rately. that emerge from the creative process, 2005 brings together some of the best This bipartisan legislation provides and to reward the creators. Recent ideas currently out there, and I hope the necessary assurance to boat manu- courtroom experience has made it clear my colleagues in the Senate will work facturers that the Vessel Hull Design that the protections Congress. passed with Senator CLINTON and me to put Protection Act will remain a vital in- seven years ago need some statutory these ideas in action. tellectual property protection statute. refinement to ensure they meet the The bill offers very important clari- purposes we envisioned. The Vessel By Mr. CORNYN (for himself, Mr. fications about the scope of protections Hull Design Protection Act Amend- LEAHY, Mr. HATCH, and Mr. available to boat designs and will be ments shore up the law, making an im- KOHL): welcome news to boat makers across portant clarification about the scope of

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More than fifty percent of (3) requests that the Secretary of the Sen- we could talk about having a wilder- Americans live on or near the coastline ate transmit an enrolled copy of this resolu- ness area within the Apostle Islands in this country. We seem always to be tion to the family of the Senator. National Lakeshore, we had to have a drawn to the water, whether it is the Mr. FEINGOLD. Mr. President, De- National Lakeshore. I am sure it will beautiful Lake Champlain in my home cember 8, 2004, approximately 80 per- come as no surprise that Gaylord was State of Vermont or the world’s large cent of the Apostle Islands National essential in the effort to recognize the oceans. And as anyone who has visited Lakeshore in Wisconsin was designated Apostle Islands as a national treasure. our seaports can attest, much of our the Gaylord Nelson Wilderness. Al- The wild and primitive nature of the commerce involves sea travel. I would though we did not formally celebrate Apostles and now the Gaylord Nelson like to thank Senators KOHL and the new wilderness area until August 8, Wilderness has always been an attrac- HATCH for cosponsoring this legisla- 2005, we have been delighting in the tion, not only for Wisconsin residents tion. Protecting boat designs and en- designation ever since December of last but for people from across the globe. At couraging innovation in those designs year. the Apostles you can find pristine old are worthy aims, and I hope we can The designation of the Gaylord Nel- growth forests; wetlands that are home move quickly to pass this bipartisan son Wilderness within the Apostle Is- to an astounding ecological diversity; legislation. lands National Lakeshore on August 8, birds that travel long distances and use f 2005 was a tremendous occasion for the islands for respite; and amphibians, both Wisconsin and the country. I was which can act as indicators of the SUBMITTED RESOLUTIONS deeply honored to participate in the Park’s environmental health. ceremony marking the creation of the It is a truly amazing place. SENATE RESOLUTION 254—MARK- Gaylord Nelson Wilderness. I knew And people know it. In fact, just re- ING THE DEDICATION OF THE Gaylord, and am proud to occupy his cently, the Apostles was rated the #1 GAYLORD NELSON WILDERNESS Senate seat. Like all of those in at- National Park in the U.S. by National WITHIN THE APOSTLE ISLANDS tendance at the dedication ceremony, Geographic Traveler. The rating was NATIONAL LAKESHORE including Tia Nelson, Governor Doyle, based on a variety of factors, most no- Congressman OBEY, local officials, trib- tably environmental and ecological Mr. FEINGOLD (for himself and Mr. al chairs, and many others, I was deep- quality, social and cultural integrity, KOHL) submitted the following resolu- ly saddened that Gaylord wasn’t able and the outlook for the future. tion; which was referred to the Com- to be sitting among us, having passed We have it all in the Park—ecologi- mittee on Energy and Natural Re- away on July 3, 2005. cal and cultural resources intertwined sources: However, I do believe that, because with one another. The history of the is- S. RES. 254 the area, the magnificent Apostles, and lands is a history of people living off, Whereas the Honorable Gaylord Nelson, a the wilderness designation we were and very much in balance with, the State Senator, Governor, and United States celebrating were such a part of Gay- land and water surrounding them. A Senator from Wisconsin, devoted his life to lord, he was in fact there with us that visit to the Apostles and the Gaylord protecting the environment by championing Nelson Wilderness can be, if we let go issues of land protection, wildlife habitat, day, urging us to mark the achieve- environmental health, and increased envi- ment and to continue his life’s work of of the trappings of modern society, an ronmental awareness, including founding building a national conservation ethic. enlightening voyage that challenges us Earth Day; As we all know, while his record of to think about those who came before Whereas the Honorable Gaylord Nelson au- achievements is long and impressive, it us, those who will follow us, and the thored the Apostle Islands National Lake- is Senator Nelson’s passion and com- connections between us and the nat- shore Act, which led to the protection of one mitment to protecting our environ- ural resources we depend on for our of the most beautiful areas in Wisconsin and ment that will remain the centerpiece survival. recognized the rich assemblage of natural re- The Ojibwae, who Wisconsinites sources, cultural heritage, and scenic fea- of his legacy. For this reason, Senator tures on Wisconsin’s north coast and 21 is- KOHL and I have submitted a resolution know were the original inhabitants of lands of the 22-island archipelago; to bring recognition to Gaylord’s un- the Apostles, had great respect for the Whereas the Apostle Islands National wavering efforts on behalf of the envi- resources. They believed in taking Lakeshore was designated a National Park ronment and to celebrate the dedica- something only if they were giving on September 26, 1970; tion of a wilderness area rightly named something in return. The Ojibwae peo- Whereas, on December 8, 2004, approxi- in his honor. ple understood their dependence on the mately 80 percent of the Apostle Islands Na- Gaylord so believed in his responsi- environment long before many others tional Lakeshore was designated the Gaylord bility to the environment that he began contemplating such a relation- Nelson Wilderness; Whereas the Gaylord Nelson Wilderness started a revolution that has inspired ship. Unfortunately, as a society, we within the Apostle Islands National Lake- millions of people from across the have not always heeded their example. shore provides a refuge for many species of globe. The day he created in 1970— We must be better stewards of our birds, including threatened bald eagles and Earth Day—has become a cause for land, our air, and our water. Gaylord endangered piping plovers, herring-billed celebration, education, and reflection pushed us toward that goal every day gulls, double-crested cormorants, and great for all. Simply stated, Gaylord Nelson of his life. And, what better way to blue herons, and is a safe haven for a variety changed the consciousness of a Nation, mark the dedication of the Wilderness of amphibians, such as blue-spotted salaman- and quite possibly the world. He was a Area named in his honor than for each ders, red-backed salamanders, gray treefrogs, and mink frogs, and is a sanctuary for sev- distinguished Governor and Senator, a of us to dedicate ourselves to actively eral mammals, including river otters, black recipient of the Presidential Medal of carrying his legacy forward. That is bears, snowshoe hares, and fishers; Freedom, and a personal hero of mine. Gaylord’s challenge for all of us. Whereas the official dedication of the Gay- Most importantly, he was the embodi- So many people supported the cre- lord Nelson Wilderness occurred on August 8, ment of the principle that one person ation of the Lakeshore and the Wilder- 2005, 36 days after the Honorable Gaylord can change the world. ness area. The support has taken many Nelson’s passing; and August 8, 2005 marked the beginning forms—all of which have added to the Whereas the Honorable Gaylord Nelson of a new period for the Apostle Islands success of our Park and the wilderness changed the consciousness of our Nation and and I could not be more proud of this. designation. I am especially grateful embodied the principle that 1 person can change the world, and the creation of the In 1998, Representative OBEY and I for the families who have donated their Gaylord Nelson Wilderness is a small, but asked for a wilderness survey. Seven properties, many of which are filled fitting, recognition of his efforts: Now, years later, we finally gathered to sa- with childhood and other cherished therefore, be it lute the awe-inspiring resource as well family memories, for the betterment of

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NIZING THE SPIRIT OF JACOB Every time I visit the Apostles and MOCK DOUB AND MANY YOUNG pieces of what are now the Gaylord f PEOPLE WHO HAVE CONTRIB- Nelson Wilderness, I depart with a SENATE RESOLUTION 256—HON- UTED TO ENCOURAGING YOUTH sense of inner peace and clarity. A New ORING THE LIFE OF SANDRA TO BE PHYSICALLY ACTIVE AND York Times journalist wrote about the FELDMAN FIT, AND EXPRESSING SUPPORT Apostle Islands National Lakeshore in FOR ‘‘NATIONAL TAKE A KID 1972, saying he encountered a ‘‘silence Mr. SCHUMER (for himself, Mrs. MOUNTAIN BIKING DAY’’ so intense you can hear it.’’ I believe CLINTON, Mrs. MURRAY, Mr. BINGAMAN, and Mr. KENNEDY) submitted the fol- Mr. BURR (for himself and Mr. that what all those who visit the Gay- SALAZAR) submitted the following reso- lord Nelson Wilderness are bound to lowing resolution; which was considered and agreed to: lution; which was considered and hear through that ‘‘intense silence’’ is agreed to: S. RES. 256 Gaylord himself calling them to ac- S. RES. 257 tion. Whereas Sandra Feldman was born Sandra Whereas according to the Centers for Dis- Abramowitz in October, 1939, to blue-collar f ease Control and Prevention, obesity rates parents living in a tenement in Coney Island, have nearly tripled in adolescents in the SENATE RESOLUTION 255—RECOG- New York; United States since 1980; Whereas Sandra Feldman, while at James NIZING THE ACHIEVEMENTS OF Whereas overweight adolescents have a 70 Madison High School, Brooklyn College, and THE UNITED STATES FISH AND percent chance of becoming overweight or New York University, began a life-long dedi- WILDLIFE SERVICE AND THE obese adults; cation to education both in the United WATERFOWL POPULATION SUR- Whereas research conducted by the Na- States and abroad; tional Institutes of Health indicates that, VEY Whereas Sandra Feldman began her career while genetics do play a role in childhood Mrs. LINCOLN (for herself and Mr. by teaching fourth grade at Public School 34 obesity, the large increase in childhood obe- COCHRAN) submitted the following reso- on the Lower East Side of New York City; sity rates over the past few decades can be lution; which was referred to the Com- Whereas during her service as union leader traced to overeating and lack of sufficient mittee on Environment and Public at Public School 34, Sandra Feldman became exercise; employed by the United Federation of Teach- Works: Whereas the Surgeon General and the ers in New York City, and was elected presi- President’s Council on Physical Fitness and S. RES. 255 dent in 1986, after 20 years of service; Sports recommend regular physical activity, Whereas every spring and summer teams of Whereas Sandra Feldman’s tenure as presi- including bicycling, for the prevention of United States Fish and Wildlife Service dent of the United Federation of Teachers overweight and obesity; pilot-biologists take to the skies to survey was distinguished by her devotion to better Whereas Jacob Mock ‘‘Jack’’ Doub, born North America’s waterfowl breeding grounds working conditions for the teachers she rep- July 11, 1985, was actively involved in en- flying more than 80,000 miles a year, criss- resented; couraging others, especially children, to ride crossing the country just above the treetops Whereas in 1997, the American Federation bicycles and was an active youth who was in- and open fields, they and observers on the of Teachers elected Sandra Feldman to serve troduced to mountain biking at the age of 11 ground record the number of ducks, geese, as their president, until she retired 7 years near Grandfather Mountain, North Carolina, and swans and assess the quality and quan- later; and quickly became a talented cyclist; tity of water-fowl breeding habitats. Whereas Sandra Feldman effectively rep- Whereas Jack Doub died unexpectedly Whereas the pilot biologists operate from resented the educators, healthcare profes- from complications related to a bicycling in- the wide open bays and wetlands of the east- sionals, public employees, and retirees who jury on October 21, 2002; ern shores of North America to some of the made up the membership of the American Whereas Jack Doub’s family and friends most remote regions of Canada and Alaska, Federation of Teachers; have joined, in association with the Inter- and are documenting an important part of Whereas Sandra Feldman was a tireless ad- national Mountain Bicycling Association, to our wildlife heritage; vocate for public education, working with honor Jack Doub’s spirit and love of bicy- Whereas the Waterfowl Population Survey, President George W. Bush on the No Child cling by establishing the Jack Doub Memo- operated by the United States Fish and Wild- Left Behind Act of 2001 to improve account- rial Fund to promote and encourage children life Service, is celebrating its 50th anniver- ability standards and provide increased re- of all ages to learn to ride and lead a phys- sary in 2005, is featured on the 2005–2006 Duck sources to schools to help increasing profes- ically active lifestyle; Stamp, and has been recognized by the Con- sional development to better equip teachers Whereas the International Mountain Bicy- gressional Sportsmen’s Foundation for its to instruct students, and using research- cling Association’s worldwide network, contribution to waterfowl hunting; driven methods to redesign school programs; which is based in Boulder, Colorado, includes Whereas the Waterfowl Population Survey Whereas Sandra Feldman was equally de- 32,000 individual members, more than 450 bi- Program has evolved into the largest and voted to fighting against discrimination, cycle clubs, 140 corporate partners, and 240 most reliable wildlife survey effort in the raising the nursing shortage into national bicycle retailer members, who coordinate world; public awareness, advocating for smaller more than 1,000,000 volunteer trail work Whereas for more than 50 years coopera- class sizes and patient-to-nurse ratios pro- hours each year and have built more than tive waterfowl surveys have been performed moting increased benefits and compensation 5,000 miles of new trails; by the United States Fish and Wildlife Serv- for workers, and spreading her message be- Whereas the International Mountain Bicy- ice, the Canadian Wildlife Service, State and yond her own membership by advocating for cling Association has encouraged low-impact provincial biologists, and nongovernmental workers overseas as well; riding and volunteer trail work participation partners; and Whereas Sandra Feldman lent her exper- since 1988; and Whereas survey results determine the sta- tise to both the national and international Whereas ‘‘National Take a Kid Mountain tus of North America’s waterfowl popu- labor movements in her capacities as a mem- Biking Day’’ was established in honor of lations, play an important role in setting an- ber of the AFL-CIO executive council and a Jack Doub in 2004 by the International nual waterfowl hunting regulations, and help vice president of Education International; Mountain Bicycling Association, and is cele- guide the decisions of waterfowl managers and brated on the first Saturday in October of throughout North America: Now, therefore, Whereas Sandra Feldman succumbed on each year: Now, therefore, be it be it September 18, 2005, to a difficult struggle Resolved, That the Senate— Resolved, That the Senate— against breast cancer at the age of 65: Now, (1) recognizes— (1) recognizes the achievements and con- therefore, be it (A) the health risks associated with child- tributions of the Waterfowl Population Sur- Resolved, That the Senate— hood obesity; vey Program; (1) mourns the loss of Sandra Feldman, a (B) the spirit of Jacob Mock ‘‘Jack’’ Doub (2) expresses strong support for the contin- vibrant and dedicated public servant; and so many others who have been actively ued success of the Waterfowl Population Sur- (2) recognizes the contributions of Sandra promoting physical activity to combat child- vey Program; Feldman to public education; hood obesity; and (3) encourages the United States Fish and (3) expresses its deepest condolences to (C) Jack Doub’s contribution to encour- Wildlife Service in its efforts to broaden un- those who knew and loved Sandra Feldman; aging youth of all ages to be physically ac- derstanding and public participation in the and tive and fit, especially through bicycling;

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE September 28, 2005 CONGRESSIONAL RECORD — SENATE S10603 (2) supports the goals and ideals of ‘‘Na- Whereas over 1,000 employees of the De- records from the New Orleans VA Med- tional Take a Kid Mountain Biking Day’’, partment of Veterans Affairs are volun- ical Center to the VA facility in Hous- which was established in honor of Jack Doub teering to assist veterans and their families ton so that those records would be in 2004 by the International Mountain Bicy- affected by Hurricane Katrina throughout available on a national level. The bot- cling Association, and is celebrated on the the United States; first Saturday in October of each year; and Whereas the Department of Veterans Af- tom line is that this careful prepara- (3) encourages parents, schools, civic orga- fairs is providing shelter to over 550 staff and tion before the storm hit saved lives. nizations, and students to support the Inter- their families who have been displaced as a The examples of sacrifice and heroics national Mountain Bicycling Association’s result of Hurricane Katrina; are countless. But, I don’t want to for- ‘‘National Take a Kid Mountain Biking Day’’ Whereas patients and employees of the De- get those who simply stayed put in the to promote increased physical activity partment of Veterans Affairs in Texas pro- right place and did their job—some- among youth in the United States. vided extraordinary support and medical as- times for days on end. I am speaking f sistance to veterans, staff, and families affected by Hurricane Katrina and coordinated most specifically of the valiant efforts SENATE RESOLUTION 258—TO COM- numerous medical efforts as part of the over- of the employees in the VA facilities MEND TIMOTHY SCOTT WINEMAN all Federal Government response and recov- throughout Texas. These dedicated ery efforts in the Gulf Region; and doctors, nurses, and supporting staff Mr. FRIST (for himself, Mr. REID, Whereas heroic actions and efforts on the worked countless hours providing med- and Mr. BENNETT) submitted the fol- part of numerous employees and volunteers ical assistance, shelter and comfort to lowing resolution; which was consid- of the Department of Veterans Affairs saved the evacuated VA patients, employees, ered and agreed to: countless lives and provided immeasurable and their families. S. RES. 258 comfort to the victims of Hurricane Katrina: As Chairman of the Senate Com- Whereas Timothy S. Wineman became an Now, therefore, be it Resolved, That the Senate commends the mittee on Veterans’ Affairs, it is my employee of the United States Senate on Oc- employees and volunteers of the Department tober 19, 1970, and since that date has ably distinct honor to commend the heroic of Veterans Affairs, who risked life and limb and faithfully upheld the high standards and efforts of VA workers throughout the to assist veterans, staff, and their respective traditions of the staff of the United States country in this resolution. I am also families who were affected by Hurricane Senate for a period that included 19 Con- pleased to note that Ranking Member Katrina. gresses; AKAKA has joined with me in express- Mr. CRAIG. Mr. President, I rise Whereas Timothy S. Wineman has served ing our sincere appreciation. The dev- today to submit a resolution that hon- in the senior management of the Disbursing astation of Hurricane Katrina is some- Office for more than 25 years, first as the As- ors the extraordinary heroics exhibited thing with which we are all familiar. It sistant Financial Clerk of the United States by employees of the Department of gives me great pleasure to highlight Senate from August 1, 1980 to April 30, 1998, Veterans Affairs in the response to the the dedication, sacrifice, and courage and finally as Financial Clerk of the United catastrophic conditions caused by Hur- of VA workers in light of the terrible States Senate from May 1, 1998 to October 14, ricane Katrina. 2005; devastation caused by what many have The Department of Veterans Affairs Whereas Timothy S. Wineman has faith- called the worst natural disaster in our operates 11 medical centers, 18 commu- fully discharged the difficult duties and re- Nation’s history. sponsibilities of his position as Financial nity-based outpatient clinics, three re- Clerk of the United States Senate with great gional offices, and eight national ceme- pride, energy, efficiency, dedication, integ- teries in the States of Alabama, Mis- f rity, and professionalism; sissippi, and Louisiana. Throughout Whereas Timothy S. Wineman has earned this tragedy, VA moved employees, SENATE CONCURRENT RESOLU- the respect, affection, and esteem of the their families, equipment, and even pa- TION 54—EXPRESSING THE United States Senate; and tients from many of these places. In- SENSE OF CONGRESS REGARD- Whereas Timothy S. Wineman will retire ING A COMMEMORATIVE POST- from the United States Senate on October 14, credibly with over 1,000 people evacu- 2005, with 35 years of service with the United ated in total, not one life was lost. AGE STAMP HONORING JASPER States Senate all with the Disbursing Office: While it is impossible for me to rec- FRANCIS CROPSEY, THE FAMOUS Now, therefore, be it ognize every act of bravery and cour- STATEN ISLAND-BORN 19TH CEN- Resolved, That the United States Senate age exhibited, I would be remiss if I did TURY HUDSON RIVER PAINTER commends Timothy S. Wineman for his ex- not highlight the incredible story of emplary service to the United States Senate Mr. SCHUMER submitted the fol- two VA nurses and their efforts to en- lowing resolution; which was referred and the Nation, and wishes to express its sure continued patient care during the deep appreciation and gratitude for his long, to the Committee on Homeland Secu- faithful, and outstanding service. aftermath of Katrina. These two nurses rity and Governmental Affairs: SEC. 2. The Secretary of the Senate shall not only braved the danger of the S. CON. RES. 54 transmit a copy of this resolution to Tim- storm, but they risked their own lives othy S. Wineman. to ensure that their patients could sur- Whereas Jasper Francis Cropsey was born vive. These two women fed their own on February 18, 1823, in Rossville, Staten Is- f land, New York to Jacob Cropsey and Eliza- water supply to their patients, and, SENATE RESOLUTION 259—COM- beth Hilyer Cortelyou; even more incredibly, they then admin- Whereas Jasper Francis Cropsey was a fa- MENDING THE EFFORTS OF THE istered intravenous fluids to one an- DEPARTMENT OF VETERANS AF- mous second generation 19th Century Hud- other to stay hydrated so that they son River Valley Painter, and became known FAIRS IN RESPONDING TO HUR- could continue to deliver care. Clear1y, as America’s ‘‘Painter of Autumn’’ after his RICANE KATRINA this was going far above and beyond vibrant depiction of Autumn on the Hudson Mr. CRAIG (for himself and Mr. the call of duty. The example set by River was unveiled in London in 1860; Whereas Jasper Francis Cropsey contrib- AKAKA) submitted the following resolu- these two courageous women must be tion; which was referred to the Com- uted greatly to the Hudson River Valley, recognized. Staten Island, and the United States through mittee on Veterans’ Affairs: I also want to note that VA’s success his artistic and architectural talent by pro- S. RES. 259 in responding to this storm was largely ducing, throughout his lifetime, more than Whereas Hurricane Katrina physically dev- due to the extensive preparation by VA 1,300 oil paintings, 400 water colors, and nu- astated many areas in the States of Ala- workers before Katrina hit the Gulf Re- merous architectural drawings; and bama, Mississippi, and Louisiana; gion. This preparation ensured the suc- Whereas Jasper Francis Cropsey admired Whereas the Department of Veterans Af- cessful administration of continued the work of Thomas Cole and other Amer- fairs operates 11 medical centers, 18 commu- medical care to veterans upon reloca- ican landscape painters and he believed in nity-based outpatient clinics, 3 regional of- tion as well as the safe evacuation of the natural unspoiled beauty of the United fices, and 8 national cemeteries in the States States, depicting serene landscapes of man’s all staff and their families. peaceful coexistence with nature and harmo- of Alabama, Mississippi, and Louisiana; Before the storm hit, VA workers Whereas the Department of Veterans Af- nious American naturalism: Now, therefore, fairs evacuated over 1,000 patients, employ- oversaw the evacuation of 166 patients be it ees, and their families from facilities in the in Mississippi and Louisiana. In addi- Resolved by the Senate (the House of Rep- affected areas without any loss of life due to tion, VA workers had the foresight to resentatives concurring), That it is the sense the evacuations; transfer copies of electronic medical of Congress that—

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE S10604 CONGRESSIONAL RECORD — SENATE September 28, 2005 (1) a commemorative postage stamp should Sec. 140. Earth observing system. by this Act (and for this purpose, of the be issued by the United States Postal Serv- Sec. 141. NASA healthcare program. funds authorized by section 101(1) of this Act, ice honoring Jasper Francis Cropsey, the fa- Sec. 142. Assessment of extension of data no less than $5,341,200,000 shall be for science, mous Staten Island-born 19th Century Hud- collection from Ulysses and and of the funds authorized by section 102(1) son River Painter; and Voyager spacecraft. of this Act, no less than $5,960,300,000 shall be (2) the Citizens’ Stamp Advisory Com- Sec. 143. Program to expand distance learn- for science);’’. mittee should recommend to the Postmaster ing in rural underserved areas. On page 14, line 12, strike ‘‘and’’. General that such a stamp be issued. Sec. 144. Institutions in NASA’S minority On page 14, line 17, strike ‘‘orbit.’’ and in- f institutions program. sert ‘‘orbit;’’. Sec. 145. Aviation safety program. On page 14, between lines 17 and 18, insert AMENDMENTS SUBMITTED AND Sec. 146. Atmospheric, geophysical, and the following: PROPOSED rocket research authorization. (5) conduct a program to assure the health Sec. 147. Orbital debris. and safety of astronauts during extended SA 1875. Mr. GRAHAM (for Mrs. HUTCHISON Sec. 148. Continuation of certain edu- space exploration missions which include (for herself and Mr. NELSON, of Florida)) pro- cational programs. more effective countermeasures to mitigate posed an amendment to the bill S. 1281, to Sec. 149. Establishment of the Charles deleterious effects of such missions, and the authorize appropriations for the National ‘‘Pete’’ Conrad Astronomy means to provide in-space exploration med- Aeronautics and Space Administration for Awards Program. ical care delivery to crews with little or no science, aeronautics, exploration, explo- Sec. 150. GAO assessment of feasibility of real-time support from Earth, relevant ration capabilities, and the Inspector Gen- Moon and Mars exploration issues such as radiation exposure, exercise eral, and for other purposes, for fiscal years missions. countermeasures, cardiac health, diagnostic 2006, 2007, 2008, 2009, and 2010. Sec. 151. Workforce. SA 1876. Ms. SNOWE (for herself and Ms. and monitoring devices, and medical imag- Sec. 152. Major research equipment and fa- ing; COLLINS) submitted an amendment intended cilities. (6) utilize advanced power and propulsion to be proposed by her to the bill S. 1042, to Sec. 153. Data on specific fields of study. authorize appropriations for fiscal year 2006 technologies, including nuclear and electric for military activities of the Department of On page 3, before line 1, strike the second technologies, to enable or enhance robotic Defense, for military construction, and for item relating to section 161 and insert the and human exploration missions when fea- defense activities of the Department of En- following: sible; and ergy, to prescribe personnel strengths for Sec. 162. Facilities management. (7) develop a robust technology development program to provide surface power for such fiscal year for the Armed Forces, and On page 3, before line 1, after the item re- use on the Moon and other locations relevant for other purposes; which was ordered to lie lating to section 304 insert the following: to NASA space exploration goals which, to on the table. Sec. 305. Power and propulsion reporting. SA 1877. Ms. SNOWE (for herself and Ms. the extent feasible, address needs for mod- Sec. 306. Utilization of NASA field centers ular, scalable power sources for a range of COLLINS) submitted an amendment intended and workforce. to be proposed by her to the bill S. 1042, applications on the Moon including human supra; which was ordered to lie on the table. On page 3, before line 1, beginning with the and vehicular uses. SA 1878. Ms. SNOWE submitted an amend- item relating to section 402 strike through On page 16, beginning with line 8, strike ment intended to be proposed by her to the the item relating to section 507 and insert through line 12 on page 18. bill S. 1042, supra; which was ordered to lie the following: On page 18, line 13, strike ‘‘SEC 139.’’ and on the table. Sec. 402. Commercial technology transfer insert ‘‘SEC. 137.’’. SA 1879. Ms. SNOWE (for herself and Ms. program. On page 19, line 9, strike ‘‘SEC. 140.’’ and COLLINS) submitted an amendment intended Sec. 403. Authority for competitive prize insert ‘‘SEC. 138.’’. to be proposed by her to the bill S. 1042, program to encourage develop- On page 20, line 20, strike ‘‘SEC. 141.’’ and supra; which was ordered to lie on the table. ment of advanced space and insert ‘‘SEC. 139.’’. SA 1880. Mr. BROWNBACK submitted an aeronautical technologies. On page 21, line 17, strike ‘‘SEC. 142.’’ and amendment intended to be proposed by him Sec. 404. Commercial goods and services. insert ‘‘SEC. 140.’’. On page 23, line 9, strike ‘‘ ’’ and to the bill S. 147, to express the policy of the TITLE V—AERONAUTICS RESEARCH AND SEC. 143. insert ‘‘ ’’. United States regarding the United States DEVELOPMENT SEC. 141. relationship with Native Hawaiians and to On page 23, line 17, strike ‘‘SEC. 144.’’ and Sec. 501. Governmental interest in aero- insert ‘‘SEC. 142.’’. provide a process for the recognition by the nautics. United States of the Native Hawaiian gov- On page 24, line 8, strike ‘‘SEC. 145.’’ and Sec. 502. National policy for aeronautics re- insert ‘‘SEC. 143.’’. erning entity; which was ordered to lie on search and development. the table. On page 25, line 4, strike ‘‘SEC. 146.’’ and Sec. 503. High priority aeronautics research insert ‘‘SEC. 144.’’. SA 1881. Ms. SNOWE submitted an amend- and development programs. ment intended to be proposed by her to the On page 25, line 23, strike ‘‘SEC. 147.’’ and Sec. 504. Test facilities. insert ‘‘SEC. 145.’’. bill S. 1042, to authorize appropriations for Sec. 505. Miscellaneous provisions. fiscal year 2006 for military activities of the On page 26, line 6, strike ‘‘SEC. 148.’’ and TITLE VI—MISCELLANEOUS Department of Defense, for military con- insert ‘‘SEC. 146.’’. ADMINISTRATIVE IMPROVEMENTS. struction, and for defense activities of the On page 26, line 13, strike ‘‘SEC. 149.’’ and Department of Energy, to prescribe per- Sec. 601. Extension of indemnification au- insert ‘‘SEC. 147.’’. sonnel strengths for such fiscal year for the thority. On page 26, line 18, strike ‘‘SEC. 150.’’ and Armed Forces, and for other purposes; which Sec. 602. Intellectual property provisions. insert ‘‘SEC. 148.’’. was ordered to lie on the table. Sec. 603. Retrocession of jurisdiction. On page 27, line 1, strike ‘‘SEC. 151.’’ and Sec. 604. Recovery and disposition author- insert ‘‘SEC. 149.’’. f ity. On page 28, line 3, strike ‘‘SEC. 152.’’ and TEXT OF AMENDMENTS Sec. 605. Requirement for independent cost insert ‘‘SEC. 150.’’. analysis. On page 28, line 12, after ‘‘schedules.’’ in- SA 1875. Mr. GRAHAM (for Mrs. Sec. 606. Electronic access to business op- sert ‘‘The Comptroller General shall include HUTCHISON (for herself and Mr. NELSON portunities. in this assessment the short- and long-term of Florida)) proposed an amendment to Sec. 607. Reports elimination. impact of the exploration program on other the bill S. 1281, to authorize appropria- Sec. 608. Small business contracting. NASA program areas, including aeronautics, tions for the National Aeronautics and Sec. 609. Government accountability office space science, earth science and NASA’s Space Administration for science, aero- review and report. overall research and technology development nautics, exploration, exploration capa- On page 4, strike lines 16 through 22, and budget.’’. insert the following: On page 28, between lines 12 and 13, insert bilities, and the Inspector General, and the following: for other purposes, for fiscal years 2006, (4) The exploration, development, and per- SEC. 151. WORKFORCE. 2007, 2008, 2009, and 2010; as follows: manent habitation of the Moon will inspire the Nation, spur commerce, imagination, (a) IN GENERAL.—The Administrator shall On page 2, after line 8, beginning with the and excitement around the world, and open develop a human capital strategy to ensure item relating to section 137 strike through the possibility of further exploration of that NASA has a workforce of the appro- the item relating to section 152 on page 3 and Mars. NASA should return to the Moon with- priate size and with the appropriate skills to insert the following: in the next decade. carry out the programs of NASA, consistent Sec. 137. Lessons learned and best practices. On page 10, line 7, strike ‘‘schedules;’’ and with the policies and plans developed pursu- Sec. 138. Safety management. insert ‘‘schedules, and may place a greater ant to this section. The strategy shall ensure Sec. 139. Creation of a budget structure that emphasis on science, including the programs that current personnel are utilized, to the aids effective oversight and described in this paragraph, throughout the maximum extent feasible, in implementing management. fiscal years for which funds are authorized the vision for space exploration and NASA’s

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE September 28, 2005 CONGRESSIONAL RECORD — SENATE S10605 other programs. The strategy shall cover the (2) have substantial cost-sharing with non- On page 39, line 19, strike ‘‘(c)’’ and insert period through fiscal year 2011. Foundation entities; and ‘‘(e)’’. (b) CONTENT.—The strategy shall describe, (3) have passed a critical design review. On page 40, line 7, strike ‘‘In’’ and insert at a minimum— (b) NATIONAL SCIENCE BOARD APPROVAL.— ‘‘(a) IN GENERAL.—In’’. (1) any categories of employees NASA in- Nothing in subsection (a) shall be construed On page 40, between lines 12 and 13, insert tends to reduce, the expected size and timing to eliminate the need for approval by the Na- the following: of those reductions, the methods NASA in- tional Science Board before such equipment (b) FEASIBILITY STUDY.—The Administrator tends to use to make the reductions, and the and facilities are eligible for acquisition, shall initiate a feasibility study for estab- reasons NASA no longer needs those employ- construction, commissioning, or upgrading. lishing a National Free Flyer Launch Center ees; SEC. 153. DATA ON SPECIFIC FIELDS OF STUDY. as a means of consolidating and integrating (2) any categories of employees NASA in- (a) IN GENERAL.—The National Science secondary launch capabilities, launch oppor- tends to increase, the expected size and tim- Foundation shall collect statistically reli- tunities, and payloads. ing of those increases, the methods NASA in- able data through the American Community (c) ASSESSMENT.—The feasibility study re- tends to use to recruit the additional em- Survey on the field of degree of college-edu- quired in this section shall include an assess- ployees, and the reasons NASA needs those cated individuals. ment of the potential utilization of existing employees; (b) ADDITIONAL CENSUS QUESTION.—In order launch and launch support facilities and ca- (3) the steps NASA will use to retain need- to facilitate the implementation of sub- pabilities in the states of Montana and New ed employees; and section (a), the Secretary of Commerce shall Mexico and their respective contiguous (4) the budget assumptions of the strategy, expand the American Community Survey to states, and the state of Alaska, and shall in- which for fiscal years 2006 and 2007 shall be include a question to elicit information conclude an assessment of the feasibility of inconsistent with the authorizations provided cerning the field of study in which college- tegrating the potential National Free Flyer in subtitle A, and any expected additional educated individuals received their degrees. Launch Center within the operations and fa- costs or savings from the strategy by fiscal The Director of the Bureau of the Census cilities of an existing non-profit organization year. shall consult with the Director of the Na- such as the Inland Northwest Space Alliance (c) SCHEDULE.—The Administrator shall tional Science Foundation concerning the in Missoula, Montana, or similar entity. transmit the strategy developed under this wording of the question or questions to be SEC. 305. POWER AND PROPULSION REPORTING. section to the Senate Committee on Com- added to the Survey. The Administrator shall, within 180 days merce, Science, and Transportation and On page 28, beginning with line 21, strike after the date of enactment of this Act, pro- House of Representatives Committee on through line 5 on page 30 and insert the fol- vide to the Senate Committee on Commerce, Science not later than the date on which the lowing: Science, and Transportation and the House President submits the proposed budget for NASA shall develop a facilities investment of Representatives Committee on Science, a the Federal Government for fiscal year 2007 plan through fiscal year 2015 that takes into full description of plans to develop and uti- to the Congress. At least 60 days before account uniqueness, mission dependency, lize nuclear power and nuclear propulsion ca- transmitting the strategy, NASA shall pro- and other studies required by this Act. pabilities to achieve agency goals and any vide a draft of the strategy to its Federal On page 33, line 2, strike ‘‘and’’. requirements in this Act, and address how Employee Unions for a 30-day consultation On page 33, between lines 2 and 3, insert those plans meet the intent of the Vision for period after which NASA shall respond in the following: Space Exploration and the President’s Space writing to any written concerns provided by (4) consider the need for a life sciences cen- Transportation Policy Directive. trifuge and any associated holding facilities; the Unions. SEC. 306. UTILIZATION OF NASA FIELD CENTERS and (d) LIMITATION.— AND WORKFORCE. On page 33, line 3, strike ‘‘(4)’’ and insert (1) IN GENERAL.—NASA may not initiate (a) IN GENERAL.—In budgeting for and car- ‘‘(5)’’. rying out elements of this title, the Adminis- any buyout offer after the date of enactment On page 38, beginning with line 24, strike trator shall make the most effective use of of this Act until 60 days after the strategy through line 9 on page 39 and insert the fol- existing research, development, testing, and required by this subsection has been trans- lowing: space exploration expertise and facilities mitted to the Senate Committee on Com- (a) POLICY STATEMENT.—It is the policy of merce, Science, and Transportation and the United States to possess the capability resident within NASA field centers. ESPONSIBILITIES OF FIELD CENTERS.— House of Representatives Committee on for assured human access to space. The Ad- (b) R The Administrator shall take appropriate ac- Science in accordance with subsection (c). ministrator shall act to ensure that the tion to balance responsibilities between the NASA may not implement any reduction-in- United States retains that capacity on a con- field centers for leading the development of force or other involuntary separations (ex- tinuous basis. The Administrator shall con- systems relevant to the Vision for Space Ex- cept for cause) prior to June 1, 2007, except duct the transition from the Space Shuttle ploration, including systems identified in as provided in paragraph (2). orbiter to a replacement capacity in a man- this title or any architecture studies per- (2) EXCEPTIONS.— ner that efficiently uses the personnel, capa- formed by NASA. (A) SPECIFIC BUY-OUTS.—Notwithstanding bilities, and infrastructure that are cur- On page 41, between lines 15 and 16, insert paragraph (1), NASA may make exceptions rently available to the extent feasible. the following: can be made for specific buy-outs on a case- (b) PROGRESS REPORT.—Within 180 days by-case basis, if NASA provides information after the date of enactment of this Act and SEC. 402. COMMERCIAL TECHNOLOGY TRANSFER to the Committees that justifies those spe- annually thereafter, the Administrator shall PROGRAM. cific buy-outs, including why the relevant report to the Senate Committee on Com- (a) IN GENERAL.—The Administrator shall employees could not be utilized to fulfill merce, Science, and Transportation and the execute a commercial technology transfer other NASA missions. House of Representatives Committee on program with the goal of facilitating the ex- (B) EMERGENCY REDUCTIONS-IN-FORCE.— Science on the progress and the estimated change services, products, and intellectual NASA may also request an exception for an amount of time before the next generation property between NASA and the private sec- emergency reduction-in-force of manage- human-rated NASA spacecraft will dem- tor. This program shall be maintained in a ment personnel by transmitting to the Com- onstrate crewed, orbital spaceflight. manner that provides measurable benefits mittees— (c) POLICY COMPLIANCE REPORT.—If, 1 year for the agency, the domestic economy, and (i) a detailed rationale for the proposed re- before the final flight of the Space Shuttle research communities. duction-in-force; orbiter, the United States has not dem- (b) PROGRAM STRUCTURE.—In carrying out (ii) an explanation of why the proposed re- onstrated a replacement human space flight the program described in paragraph (a), the duction-in-force cannot wait until after the system, the Administrator shall certify that Administrator shall maintain the funding workforce strategy has been transmitted to the United States cannot uphold the policy and program structure of NASA’s existing the Committees in accordance with the re- outlined in subsection (a) and shall provide a technology transfer and commercialization quirements of this section; and report to the Senate Committee on Com- organizations through the end of fiscal year (iii) an explanation of why the relevant merce, Science, and Transportation and the 2006. employees could not be utilized to fulfill House of Representatives Committee on On page 41, line 16, strike ‘‘SEC. 402.’’ and other NASA missions. Science describing— insert ‘‘SEC. 403.’’. On page 45, line 1, strike ‘‘ ’’ and SEC. 152. MAJOR RESEARCH EQUIPMENT AND FA- (1) United States strategic risks associated SEC. 403. CILITIES. with the hiatus or gap; insert ‘‘SEC. 404.’’. On page 45, between lines 7 and 8, insert (a) IN GENERAL.—Notwithstanding any (2) the estimated length of time during the following: other provision of law, the National Science which the United States will not have inde- Foundation may use funds in the major re- pendent human access to space; TITLE V—AERONAUTICS RESEARCH AND search equipment and facilities construction (3) what steps will be taken to shorten that DEVELOPMENT account for the design and development of length of time; and SEC. 501. GOVERNMENTAL INTEREST IN AERO- projects that— (4) what other means will be used to allow NAUTICS. (1) have been given a very high rating by human access to space during that time. Congress reaffirms the national commit- relevant scientific peer review panels in the On page 39, line 10, strike ‘‘(b) REPORT.—’’ ment to aeronautics research made in the relevant discipline; and insert ‘‘(d) TRANSITION PLAN REPORT.—’’. National Aeronautics and Space Act of 1958.

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE S10606 CONGRESSIONAL RECORD — SENATE September 28, 2005 Aeronautical research and development re- ment, NASA shall develop programs and propulsion concepts. This research is in- mains a core mission of NASA. NASA is the projects in accordance with the National tended to push technology barriers beyond lead agency for civil aeronautics research. Aeronautics Policy described in section 502, current subsonic technology. Propulsion con- NASA shall conduct a robust program of aer- as well program areas listed in subsection cepts include advanced materials, morphing onautics research that includes fundamental (b). These programs must be driven by sci- engines, hybrid engines, and fuel cells. basic research as well as research in the entific merit. (F) MORE ELECTRIC AIRCRAFT INITIATIVE.— fields of vehicle systems and of safety and (b) RESEARCH AND DEVELOPMENT.—In exe- The Administrator shall establish a program security. cuting an aeronautics research and develop- for innovative and focused research and de- SEC. 502. NATIONAL POLICY FOR AERONAUTICS ment program, the Administrator shall, at a velopment such as fuel cell technologies. RESEARCH AND DEVELOPMENT. minimum, within the budgetary and pro- (3) AIRSPACE SYSTEMS RESEARCH.—The Air- (a) IN GENERAL.—The President shall de- grammatic resources provided, conduct pro- space Systems Research program shall pur- velop through NASA and other relevant enti- grams in the following areas: sue research and development to enable revo- ties, a national aeronautics policy to guide (1) FUNDAMENTAL RESEARCH.—The Adminis- lutionary improvements to and moderniza- the aeronautics programs of the United trator shall establish a program of long-term tion of the National Airspace system, as well States through the year 2020. The develop- fundamental research in aeronautical as to enable the introduction of new systems ment of this policy shall utilize external sciences and technologies that is not tied to for vehicles that can take advantage of an studies that have been conducted on the specific development projects. The Adminis- improved, modern air transportation system. state of United States aeronautics and avia- trator shall set aside no less than 5 percent In pursuing research and development in this tion research and have suggested policies to of the aeronautics budget for this program. area, the Administrator shall align the ensure continued competitiveness. As part of this program, the Administrator projects of the Airspace Systems Research (b) CONTENT.—At a minimum the national is encouraged to make merit-reviewed grants program so that they directly support the aeronautics policy shall describe— to institutions of higher learning, including objectives of the Joint Planning and Devel- (1) national goals for aeronautics research; such institutions located in states that par- opment Office’s Next Generation air Trans- (2) the priority areas of research for aero- ticipate in the Experimental Program to portation System Integrated Plan. nautics through fiscal year 2011; Stimulate Competitive Research. (4) AVIATION SAFETY AND SECURITY RE- (3) the basis of which and the process by (2) VEHICLE SYSTEMS RESEARCH AND TECH- SEARCH.—The Aviation Safety and Security which priorities for ensuing fiscal years will NOLOGY.—In order to maintain United States Research program shall pursue research and be selected; and economic competitiveness and protect the development activities that directly address (4) respective roles and responsibilities of environment, the Administrator shall estab- various Federal agencies in aeronautics re- lish programs in each of the following tech- the safety and security needs of the National search. nology areas: Airspace System and the aircraft that fly in it. (c) NASA INPUT.—In providing input to and (A) ENVIRONMENTAL AIRCRAFT RESEARCH executing the National Aeronautics Policy, AND DEVELOPMENT.—The Administrator shall SEC. 504. TEST FACILITIES. the Administrator, shall consider the fol- establish an initiative with the objective of (a) Prior to completion of the National lowing issues: developing and demonstrating in a relevant Aeronautics Policy described in section 502 (1) The established governmental interest environment, technologies to enable the fol- and transmittal of such policy pursuant to in conducting research and development pro- lowing commercial aircraft performance subsection (d) of that section, the Adminis- grams for improvement of the usefulness, characteristics: trator may not close, suspend, or terminate contracts for the operation of major aero- performance, speed, safety, and efficiency of (i) NOISE.—Noise levels on takeoff and on aeronautical and vehicles, as described in airport approach and landing that do not ex- nautical test facilities, including wind tun- section 102(c)(2) of the National Aeronautics ceed ambient noise levels in the absence of nels, unless the Administrator— and Space Act of 1958 and reaffirmed in sec- flight operations in the vicinity of airports (1) certifies in writing that such closure tion 501. from which such commercial aircraft would will not have an adverse impact on NASA’s (2) The established governmental interest normally operate; ability to execute the National Policy and achieve the goals described in that Policy; in conducting research and development pro- (ii) ENERGY CONSUMPTION.—Twenty-five grams that contribute to preservation of the percent reduction in the energy required for and role of the United States as a global leader medium to long range flights, compared to (2) provides notification to and receives in aeronautical technologies and in the ap- aircraft in commercial service as of the date concurrence from the Appropriations Com- plication thereof in section 102(c)(5) of the of enactment of this Act; and mittees of the House of Representatives and the Senate, the House Committee on National Aeronautics and Space Act of 1958 (iii) EMISSIONS.—Nitrogen oxides on take- and reaffirmed in section 501. off and landing that are significantly re- Science, and the Senate Committee on Com- (3) The appropriate balance between long- duced, without adversely affecting hydro- merce, Science and Transportation 60 days in term, high risk research and shorter, more carbons and smoke, relative to aircraft in advance of such action. incremental research, and the expected im- commercial service as of the date of enact- SEC. 505. MISCELLANEOUS PROVISIONS. pact on the United States economy and pub- ment of this Act. (a) WORKFORCE DEVELOPMENT.—The Ad- lic good. (B) SUPERSONIC TRANSPORT RESEARCH AND ministrator shall encourage the development (4) The appropriate balance between in- of a skilled and diverse aeronautics research DEVELOPMENT.—The Administrator shall es- house research and procurement with indus- tablish an initiative with the objective of de- workforce using appropriate available tools try and academia. veloping and demonstrating in a relevant en- such as grants, scholarships for service, and (5) The extent to which NASA should ad- fellowships. vironment within airframe and propulsion dress military and commercial aviation (b) ALIGNMENT OF PROGRAMS.—Notwith- technologies to enable efficient, economical needs. standing any other provision of this title, overland flight of supersonic civil transport (6) How NASA will coordinate its aero- the Administrator shall align NASA’s aero- aircraft with no significant impact on the nautics program with other Federal agen- nautics program with priorities established environment. cies. by the Joint Planning and Development Of- (C) ROTORCRAFT AND OTHER RUNWAY-INDE- (7) Opportunities for partnerships with the fice and by the National Aeronautics Policy PENDENT AIR VEHICLES.—The Administrator private sector. described in section 502 of this Act. (d) SCHEDULE.— shall establish a rotorcraft and other run- On page 45, line 8, strike ‘‘TITLE V’’ and in- (1) No later than 1 year after the date of way-independent air vehicles initiative with sert ‘‘TITLE VI’’. enactment of this Act, the President shall the objective of developing and dem- On page 45, line 11, strike ‘‘SEC. 501’’ and submit the national aeronautics policy to onstrating improved safety, noise, and envi- insert ‘‘SEC. 601.’’. the Appropriations Committees of the House ronmental impact in a relevant environ- On page 45, line 17, strike ‘‘SEC. 502’’ and of Representatives and the Senate, the House ment. insert ‘‘SEC. 602.’’. On page 49, line 1, strike ‘‘ ’’ and Committee on Science, and the Senate Com- (D) HYPERSONICS RESEARCH.—The Adminis- SEC. 503 insert ‘‘ ’’. mittee on Commerce, Science, and Transpor- trator shall establish a hypersonics research SEC. 603. program whose objective shall be to explore On page 49, line 3, strike ‘‘502’’ and insert tation. ‘‘602’’. (2) No later than 60 days after the trans- the science and technology of hypersonic flight using air-breathing propulsion con- On page 49, line 16, strike ‘‘SEC. 504’’ and mittal of the policy, the Administrator shall insert ‘‘ ’’. cepts, through a mix of theoretical work, SEC. 604. submit NASA’s response to the policy, to the On page 51, line 1, strike ‘‘SEC. 505’’ and basic and applied research, and development Appropriations Committees of the House of insert ‘‘SEC. 605.’’. Representatives and the Senate, the House of flight research demonstration vehicles. On page 52, line 1, strike ‘‘SEC. 506’’ and Committee on Science, and the Senate Com- Emphasis in the program shall be given to insert ‘‘SEC. 606.’’. mittee on Commerce, Science and Transpor- advancing and demonstrating turbine engine On page 57, line 7, strike ‘‘SEC. 507’’ and tation. technology in the transition to hypersonic insert ‘‘SEC. 607.’’. SEC. 503. HIGH PRIORITY AERONAUTICS RE- range Mach 3 to Mach 5. On page 57, strike line 17 through line 19. SEARCH AND DEVELOPMENT PRO- (E) REVOLUTIONARY AERONAUTICAL CON- On page 58, after line 5, add the following: GRAMS. CEPTS.—The Administrator shall establish a (3) Section 323 of the National Aeronautics (a) IN GENERAL.—In its role as lead agency research program which covers a unique and Space Administration Authorization Act for civil aeronautics research and develop- range of subsonic, fixed wing vehicles and of 2000 is amended by striking subsection (a).

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE September 28, 2005 CONGRESSIONAL RECORD — SENATE S10607 SEC. 608. SMALL BUSINESS CONTRACTING. under subsection (a), including recommenda- mediation of property and facilities at such (a) PLAN.—In consultation with the Small tions for NASA best practices. installation. Business Administration, the Administrator (c) IMPLEMENTATION.—Not later than 90 ‘‘(2) CONTENT OF AGREEMENT.—Each agree- shall develop a plan to maximize the number days after receipt of the report, NASA shall ment entered into under paragraph (1) shall and amount of contracts awarded to small provide the Senate Committee on Commerce, include— business concerns (within the meaning given Science, and Transportation and the House ‘‘(A) a description of the remediation to be that term in section 3 of the Small Business of Representatives Committee on Science a performed by the Department of Defense, in- Act (15 U.S.C. 632) and to meet established plan describing the implementation of those cluding the level of remediation necessary contracting goals for such concerns. recommendations. for the redevelopment of such property and (b) PRIORITY.—The Administrator shall es- facilities; and tablish, as a priority, meeting the con- SA 1876. Ms. SNOWE (for herself and ‘‘(B) a schedule for such remediation.’’. tracting goals developed in conjunction with Ms. COLLINS) submitted an amendment the Small Business Administration to maxi- intended to be proposed by her to the SA 1878. Ms. SNOWE submitted an mize the amount of prime contracts, as amendment intended to be proposed by measured in dollars, awarded in each fiscal bill S. 1042, to authorize appropriations year by NASA to small business concerns for fiscal year 2006 for military activi- her to the bill S. 1042, to authorize ap- (within the meaning given that term in sec- ties of the Department of Defense, for propriations for fiscal year 2006 for tion 3 of the Small Business Act (15 U.S.C. military construction, and for defense military activities of the Department 632)). activities of the Department of Energy, of Defense, for military construction, SEC. 609. GOVERNMENT ACCOUNTABILITY OF- to prescribe personnel strengths for and for defense activities of the De- FICE REVIEW AND REPORT. such fiscal year for the Armed Forces, partment of Energy, to prescribe per- (a) REVIEW.—The Comptroller General of sonnel strengths for such fiscal year the United States shall conduct a review of and for other purposes; which was or- NASA’s policies, processes, and procedures in dered to lie on the table; as follows: for the Armed Forces, and for other the planning and management of applica- On page 371, between lines 8 and 9, insert purposes; which was ordered to lie on tions research and development implemented the following: the table; as follows: in calendar years 2001 to 2005 within the Ap- SEC. 2887. TRANSFER TO REDEVELOPMENT AU- On page 371, between lines 8 and 9, insert plied Sciences Directorate and former Earth THORITIES WITHOUT CONSIDER- the following: Science Applications Program. A formal and ATION OF PROPERTY LOCATED AT SEC. 2887. LIMITATION ON TRANSFER OF UNITS transparent peer review process that instills MILITARY INSTALLATIONS CLOSED UNDER THE 2005 ROUND OF DE- public and stakeholder confidence in NASA’s OR REALIGNED UNDER 2005 ROUND FENSE BASE CLOSURE AND RE- sponsored applications research and develop- OF DEFENSE BASE CLOSURE AND ALIGNMENT PENDING READINESS REALIGNMENT. ment programs is important and the process OF RECEIVING LOCATIONS. Section 2905(b)(4)(B) of the Defense Base by which this program defines requirements, The Secretary of Defense may not transfer Closure and Realignment Act of 1990 (part A scopes programs, selects peer reviewers, any unit from a military installation closed manages the research competition, and se- of title XXIX of Public Law 101–510; 10 U.S.C. or realigned as part of the 2005 round of de- lects proposals is of concern. The review 2687 note) is amended— fense base closure and realignment under the shall include— (1) by striking ‘‘shall seek’’ and all that Defense Base Closure and Realignment Act (1) the program planning and analysis follows through ‘‘with respect to the instal- of 1990 (part A of title XXIX of Public Law process used to formulate applied science relation’’ and inserting the following: ‘‘may 101–510; 10 U.S.C. 2687 note) until the Sec- search and development requirements, prior- not obtain consideration in connection with retary certifies that all facilities and infra- ities, and solicitation schedules, including any transfer under this paragraph of prop- structure necessary to support such unit at changes to the process within the period erty located at the installation. The redevel- the military installation to which the unit under review, and the effects of such plan- opment authority to which such property is will be transferred are ready for use by such ning on the quality and clarity of applied transferred shall’’; unit. sciences research announcements; (2) in clause (i), by striking ‘‘agrees’’ and (2) the peer review process including— inserting ‘‘agree’’; and SA 1879. Ms. SNOWE (for herself and (3) in clause (ii)— (A) membership selection, determination Ms. COLLINS) submitted an amendment (A) by striking ‘‘executes’’ and inserting of qualifications and use of NASA and non- intended to be proposed by her to the NASA reviewers; ‘‘execute’’; and (B) by striking ‘‘accepts’’ and inserting bill S. 1042, to authorize appropriations (B) management of conflicts of interest, infor fiscal year 2006 for military activi- cluding reviewers funded by the program ‘‘accept’’. with a significant consulting or contractual ties of the Department of Defense, for relationship with NASA, and individuals who SA 1877. Ms. SNOWE (for herself and military construction, and for defense both review proposals and participate in the Ms. COLLINS) submitted an amendment activities of the Department of Energy, submission of proposals under the same so- intended to be proposed by her to the to prescribe personnel strengths for licitation announcement; bill S. 1042, to authorize appropriations such fiscal year for the Armed Forces, (C) compensation of non-NASA proposal re- for fiscal year 2006 for military activi- and for other purposes; which was or- viewers; ties of the Department of Defense, for dered to lie on the table; as follows: (3) the process for assigning or allocating military construction, and for defense At the end of subtitle C of title III, add the applied research to NASA researchers and to activities of the Department of Energy, following: non-NASA researchers; and (4) alternative models for NASA planning to prescribe personnel strengths for SEC. 330. NAVY HUMAN RESOURCES BENEFIT and management of applied science and ap- such fiscal year for the Armed Forces, CALL CENTER. plications research, including an evaluation and for other purposes; which was or- Of the amount authorized to be appro- of— dered to lie on the table; as follows: priated by section 301(2) for operation and maintenance for the Navy, $1,500,000 may be (A) the National Institutes of Health’s in- On page 371, between lines 8 and 9, insert available for Civilian Manpower and Per- tramural and extramural research program the following: structure, peer review process, management sonnel for a Human Resources Benefit Call SEC. 2887. ENVIRONMENTAL REMEDIATION AT Center in Machias, Maine. of conflicts of interests, compensation of re- MILITARY INSTALLATIONS CLOSED viewers, and the effects of compensation on UNDER 2005 ROUND OF DEFENSE reviewer efficiency and quality; BASE CLOSURE AND REALIGNMENT. SA 1880. Mr. BROWNBACK submitted (B) the Department of Agriculture’s re- Section 2905 of the Defense Base Closure an amendment intended to be proposed search programs and structure, peer review and Realignment Act of 1990 (part A of title by him to the bill S. 147, to express the process, management of conflicts of interest, XXIX of Public Law 101–510; 10 U.S.C. 2687 policy of the United States regarding compensation of reviewers, and the effects of note) is amended by inserting after sub- the United States relationship with compensation on reviewer efficiency and section (e) the following new subsection: Native Hawaiians and to provide a quality; and ‘‘(f) SCOPE OF ENVIRONMENTAL REMEDIATION process for the recognition by the AT MILITARY INSTALLATIONS CLOSED UNDER (C) the ‘‘best practices’’ of both in the United States of the Native Hawaiian planning, selection, and management of ap- 2005 ROUND OF BASE CLOSURE AND REALIGN- plied sciences research and development. MENT.— governing entity; which was ordered to (b) REPORT.—Not later than 1 year after ‘‘(1) AGREEMENT REQUIRED.—With respect lie on the table; as follows: the date of the enactment of this Act, the to each military installation approved for On page 73, between lines 12 and 13, insert Comptroller General shall submit a report to closure under this part after January 1, 2005, the following: the Senate Committee on Commerce, the Secretary of Defense shall enter into an SEC. ll. RESOLUTION OF APOLOGY TO THE NA- Science, and Transportation and the House agreement with the chief executive officer of TIVE PEOPLES OF THE UNITED of Representatives Committee on Science de- the State in which such military installation STATES. scribing the results of the review conducted is located regarding the environmental re- (a) FINDINGS.—Congress finds that—

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE S10608 CONGRESSIONAL RECORD — SENATE September 28, 2005 (1) the ancestors of today’s Native Peoples theft of tribal resources and assets from rec- propriations for fiscal year 2006 for inhabited the land of the present-day United ognized tribal land; military activities of the Department States since time immemorial and for thou- (16) the policies of the United States Gov- of Defense, for military construction, sands of years before the arrival of people of ernment toward Indian tribes and the break- and for defense activities of the De- European descent; ing of covenants with Indian tribes have con- (2) the Native Peoples have for millennia tributed to the severe social ills and eco- partment of Energy, to prescribe per- honored, protected, and stewarded this land nomic troubles in many Native communities sonnel strengths for such fiscal year we cherish; today; for the Armed Forces, and for other (3) the Native Peoples are spiritual peoples (17) despite the wrongs committed against purposes; which was ordered to lie on with a deep and abiding belief in the Creator, Native Peoples by the United States, the Na- the table; as follows: and for millennia their people have main- tive Peoples have remained committed to On page 378, between lines 10 and 11, insert tained a powerful spiritual connection to the protection of this great land, as evi- the following: this land, as is evidenced by their customs denced by the fact that, on a per capita basis, more Native people have served in the SEC. 3114. SMALL AND RENEWABLE POWER CON- and legends; TRACTS. United States Armed Forces and placed (4) the arrival of Europeans in North Amer- Section 501(b)(1) of title 40, United States themselves in harm’s way in defense of the ica opened a new chapter in the histories of Code, is amended by striking subparagraph United States in every major military con- the Native Peoples; (B) and inserting the following: flict than any other ethnic group; (5) while establishment of permanent Euro- ‘‘(B) PUBLIC UTILITY CONTRACTS.— (18) Indian tribes have actively influenced pean settlements in North America did stir ‘‘(i) TERM.—A contract for public utility the public life of the United States by con- conflict with nearby Indian tribes, peaceful services may be made for a period of not tinued cooperation with Congress and the and mutually beneficial interactions also more than 20 years. Department of the Interior, through the in- took place; ‘‘(ii) DEFINITION OF PUBLIC UTILITY ELECTRIC volvement of Native individuals in official (6) the foundational English settlements in SERVICES.—In this subparagraph, the term United States Government positions, and by Jamestown, Virginia, and Plymouth, Massa- ‘public utility services’, with respect to elec- leadership of their own sovereign Indian chusetts, owed their survival in large meas- tricity services, includes electricity supplies tribes; ure to the compassion and aid of the Native and services, including transmission, genera- (19) Indian tribes are resilient and deter- Peoples in their vicinities; tion, distribution, and other services directly mined to preserve, develop, and transmit to (7) in the infancy of the United States, the used in providing electricity.’’. founders of the Republic expressed their de- future generations their unique cultural sire for a just relationship with the Indian identities; f tribes, as evidenced by the Northwest Ordi- (20) the National Museum of the American NOTICES OF HEARINGS/MEETINGS nance enacted by Congress in 1787, which be- Indian was established in the Smithsonian gins with the phrase, ‘‘The utmost good faith Institution as a living memorial to the Na- COMMITTEE ON INDIAN AFFAIRS shall always be observed toward the Indi- tive Peoples and their traditions; and Mr. MCCAIN. Mr. President, I would ans’’; (21) Native People are endowed by their like to announce that the Committee (8) Indian tribes provided great assistance Creator with certain unalienable rights, and on Indian Affairs will meet on Wednes- to the fledgling Republic as it strengthened that among those are life, liberty, and the day, September 28, 2005, at 2:30 p.m. in and grew, including invaluable help to pursuit of happiness. (b) ACKNOWLEDGMENT AND APOLOGY.—The Room 485 of the Russell Senate Office Meriwether Lewis and William Clark on Building to conduct an oversight hear- their epic journey from St. Louis, Missouri, United States, acting through Congress— to the Pacific Coast; (1) recognizes the special legal and polit- ing on Indian Housing. (9) Native Peoples and non-Native settlers ical relationship the Indian tribes have with Those wishing additional information engaged in numerous armed conflicts; the United States and the solemn covenant may contact the Indian Affairs Com- (10) the United States Government violated with the land we share; mittee at 224–2251. (2) commends and honors the Native Peo- many of the treaties ratified by Congress and SUBCOMMITTEE ON WATER AND POWER ples for the thousands of years that they other diplomatic agreements with Indian Ms. MURKOWSKI. Mr. President, I tribes; have stewarded and protected this land; (11) this Nation should address the broken (3) recognizes that there have been years of would like to announce for the infor- treaties and many of the more ill-conceived official depredations, ill-conceived policies, mation of the Senate and the public Federal policies that followed, such as exter- and the breaking of covenants by the United that a hearing has been scheduled be- mination, termination, forced removal and States Government regarding Indian tribes; fore the Subcommittee on Water and relocation, the outlawing of traditional reli- (4) apologizes on behalf of the people of the Power of the Committee on Energy and gions, and the destruction of sacred places; United States to all Native Peoples for the Natural Resources. (12) the United States forced Indian tribes many instances of violence, maltreatment, and neglect inflicted on Native Peoples by The hearing will be held on Thurs- and their citizens to move away from their day, October 6, 2005 at 3 p.m. in Room traditional homelands and onto federally es- citizens of the United States; tablished and controlled reservations, in ac- (5) expresses its regret for the ramifica- SD–366 of the Dirksen Senate Office cordance with such Acts as the Act of May tions of former wrongs and its commitment Building. 28, 1830 (4 Stat. 411, chapter 148) (commonly to build on the positive relationships of the The purpose of the hearing is to re- known as the ‘‘Indian Removal Act’’); past and present to move toward a brighter ceive testimony on S. 1025, to amend (13) many Native Peoples suffered and per- future where all the people of this land live the Act entitled ‘‘An Act to provide for ished— reconciled as brothers and sisters, and har- the construction of the Cheney divi- (A) during the execution of the official moniously steward and protect this land together; sion, Wichita Federal reclamation United States Government policy of forced project, Kansas, and for other pur- removal, including the infamous Trail of (6) urges the President to acknowledge the Tears and Long Walk; wrongs of the United States against Indian poses’’ to authorize the Equus Beds Di- (B) during bloody armed confrontations tribes in the history of the United States in vision of the Wichita Project; S. 1498, and massacres, such as the Sand Creek Mas- order to bring healing to this land by pro- to direct the Secretary of the Interior sacre in 1864 and the Wounded Knee Massacre viding a proper foundation for reconciliation to convey certain water distribution in 1890; and between the United States and Indian tribes; facilities to the Northern Colorado (C) on numerous Indian reservations; and Water Conservancy District; S. 1529, to (14) the United States Government con- (7) commends the State governments that have begun reconciliation efforts with recog- provide for the conveyance of certain demned the traditions, beliefs, and customs Federal land in the city of Yuma, Ari- of the Native Peoples and endeavored to as- nized Indian tribes located in their bound- similate them by such policies as the redis- aries and encourages all State governments zona; S. 1578, to reauthorize the Upper tribution of land under the Act of February similarly to work toward reconciling rela- Colorado and San Juan River Basin en- 8, 1887 (25 U.S.C. 331; 24 Stat. 388, chapter 119) tionships with Indian tribes within their dangered fish recovery implementation (also known as the ‘‘General Allotment boundaries. programs; and S. 1760, to authorize Act’’), and the forcible removal of Native (c) DISCLAIMER.—Nothing in this section— early repayment of obligations to the children from their families to faraway (1) authorizes or supports any claim Bureau of Reclamation within the boarding schools where their Native prac- against the United States; or (2) serves as a settlement of any claim Rogue River Valley Irrigation District tices and languages were degraded and for- or within the Medford Irrigation Dis- bidden; against the United States. (15) officials of the United States Govern- trict, and for other purposes. ment and private United States citizens SA 1881. Ms. SNOWE submitted an Because of the limited time available harmed Native Peoples by the unlawful ac- amendment intended to be proposed by for the hearing, witnesses may testify quisition of recognized tribal land and the her to the bill S. 1042, to authorize ap- by invitation only. However, those

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE September 28, 2005 CONGRESSIONAL RECORD — SENATE S10609 wishing to submit written testimony Deschutes River Conservancy, and for Agenda Item 19: S. 1170—To establish for the hearing record should send two other purposes. the Fort Stanton-Snowy River Na- copies of their testimony to the Com- Agenda Item 4: S. 206—To designate tional Cave Conservation Area. mittee on Energy and Natural Re- the Ice Age Floods National Geologic Agenda Item 20: S. 1238—To amend sources, United States Senate, Wash- Trail, and for other purposes. the Public Lands Corps Act of 1993 to ington, DC 20510–6150. Agenda Item 5: S. 213—To direct the provide for the conduct of projects that For further information, please con- Secretary of the Interior to convey cer- protect forests, and for other purposes. tact Kellie Donnelly 202–224–9360 or tain Federal land to Rio Arriba Coun- Agenda Item 21: S. 1338—To require Shannon Ewan at 202–224–7555. ty, NM. the Secretary of the Interior, acting Agenda Item 6: S. 242—To establish COMMITTEE ON ENERGY AND NATURAL through the Bureau of Reclamation RESOURCES four memorials to the Space Shuttle and the United States Geological Sur- Mr. DOMENICI. Mr. President, I Columbia in the State of Texas. vey, to conduct a study on groundwater Agenda Item 7: S. 251—To authorize would like to announce for the infor- resources in the State of Alaska, and the Secretary of the Interior, acting mation of the Senate and the public for other purposes. through the Bureau of Reclamation, to that a hearing has been scheduled be- Agenda Item 23: H.R. 126—To amend conduct a water resource feasibility fore the Committee on Energy and Nat- Public Law 89–366 to allow for an ad- study for the Little Butte/Bear Creek ural Resources. justment in the number of free roam- Sub-basins in Oregon. The hearing will be held on Thurs- Agenda Item 8: S. 592—To extend the ing horses permitted in Cape Lookout day, October 6, 2005 at 10 a.m. in Room contract for the Glendo Unit of the National Seashore. SD–366 of the Dirksen Senate Office Missouri River Basin Project in the Agenda Item 24: H.R. 409—To provide Building. State of Wyoming. for the exchange of land within the Si- The purpose of the hearing is to re- Agenda Item 9: S. 652—To provide fi- erra National Forest, CA, and for other ceive an update on Hurricanes Katrina nancial assistance for the rehabilita- purposes. and Rita’s effects on energy infrastruc- tion of the Benjamin Franklin Na- Agenda Item 26: H.R. 539—To des- ture and the status of recovery efforts tional Memorial in Philadelphia, PA, ignate certain National Forest System in the Gulf Coast region. and the development of an exhibit to land in the Commonwealth of Puerto Because of the limited time available commemorate the 300th anniversary of Rico as a component of the National for the hearing, witnesses may testify the birth of Benjamin Franklin. Wilderness Preservation System. invitation only. However, those wish- Agenda Item 11: S. 761—To rename Agenda Item 27: H.R. 584—To author- ing to submit written testimony for the Snake River Birds of Prey National ize the Secretary of the Interior to re- the hearing record should send two Conservation Area in the State of cruit volunteers to assist with, or fa- copies of their testimony to Committee Idaho as the Morley Nelson Snake cilitate, the activities of various agen- on Energy and Natural Resources, River Birds of Prey National Conserva- cies and offices of the Department of United States Senate, Washington, DC tion Area in honor of the late Morley the Interior. 20510–6150. Nelson, an international authority on Agenda Item 28: H.R. 606—To author- I would also like to announce that birds of prey, who was instrumental in ize appropriations to the Secretary of the hearing to evaluate and receive a the establishment of this National Con- the Interior for the restoration of the status report on the Environmental servation Area, and for other purposes. Angel Island Immigration Station in Management programs of the Depart- Agenda Item 12: S. 777—To designate the State of California. ment of Energy which was previously Catoctin Mountain Park in the State Agenda Item 29: H.R. 1101—To revoke scheduled before the Committee for of Maryland as the ‘‘Catoctin Mountain a Public Land Order with respect to this date and time has been postponed National Recreation Area,’’ and for certain lands erroneously included in and will be rescheduled at a later date. other purposes. the Cibola National Wildlife Refuge, For further information, please con- Agenda Item 13: S. 819—To authorize CA. tact Lisa Epifani 202–224–5269 or Shan- the Secretary of the Interior to reallo- Agenda Item 30: H.R. 2362—To reau- non Ewan at 202–224–7555. cate costs of the Pactola Dam and Res- thorize and amend the National Geo- f ervoir, SD, to reflect increased de- logic Mapping Act of 1992. mands for municipal, industrial, and In addition, the Committee may turn AUTHORITY FOR COMMITTEES TO fish and wildlife purposes. to any other measures that are ready MEET Agenda Item 14: S. 891—To extend the for consideration. COMMITTEE ON COMMERCE, SCIENCE, AND water service contract for the The PRESIDING OFFICER. Without TRANSPORTATION Ainsworth Unit, Sandhills Division, objection, it is so ordered. Mr. BURR. Mr. President, I ask unan- Pick-Sloan Missouri Basin Program, COMMITTEE ON ENVIRONMENT AND PUBLIC imous consent that the Committee on NE. WORKS Commerce, Science, and Transpor- Agenda Item 15: S. 895—To direct the Mr. BURR. Mr. President, I ask unan- tation be authorized to meet on Secretary of the Interior to establish a imous consent that the Committee on Wednesday, September 28, 2005, at 10 rural water supply program in the Rec- Environment and Public Works be au- a.m., on S. 1114—Professional Athletes lamation States to provide a clean, thorized to meet Wednesday, Sep- Drug Testing bill and S. 1334—Profes- safe, affordable, and reliable water sup- tember 28, 2005, at 9:30 a.m. to conduct sional Sports Integrity and Account- ply to rural residents. a hearing to discuss the role of science ability Act, in Hart 216. Agenda Item 16: S. 955—To direct the in environmental policy making. The PRESIDING OFFICER. Without Secretary of the Interior to conduct a The PRESIDING OFFICER. Without objection, it is so ordered. special resource study to determine the objection, it is so ordered. COMMITTEE ON ENERGY AND NATURAL suitability and feasibility of including COMMITTEE ON FINANCE RESOURCES in the National Park System certain Mr. BURR. Mr. President I ask unan- Mr. BURR. Mr. President, I ask unan- sites in Williamson County, TN, relat- imous consent that the Committee on imous consent that the Committee on ing to the Battle of Franklin. Finance be authorized to meet during Energy and Natural Resources be au- Agenda Item 17: S. 958—To amend the the session on Wednesday, September thorized to meet during the session of National Trails System Act to des- 28, 2005, at 10 a.m., to hear testimony the Senate on Wednesday, September ignate the Star-Spangled Banner Trail on ‘‘Hurricane Katrina: Community 28, at 11:30 a.m. to consider pending in the States of Maryland and Virginia Rebuilding Needs and Effectiveness of calendar business. and the District of Columbia as a Na- tional Historic Trail. Past Proposals.’’ Agenda Agenda Item 18: S. 1154—To extend The PRESIDING OFFICER. Without Agenda Item 3: S. 166—To amend the the Acadia National Park Advisory objection, it is so ordered. Oregon Resource Conservation Act of Commission, to provide improved vis- COMMITTEE ON FOREIGN RELATIONS 1996 to reauthorize the participation of itor services at the park, and for other Mr. BURR. Mr. President, I ask unan- the Bureau of Reclamation in the purposes. imous consent that the Committee on

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE S10610 CONGRESSIONAL RECORD — SENATE September 28, 2005 Foreign Relations be authorized to est Service, including proposed changes it comes at a watershed moment in meet during the session of the Senate to grazing regulations, and the status this Nation’s civil space program. on Wednesday, September 28, 2005, at of grazing regulations, and the status That moment has come at no small 9:30 a.m. to hold a hearing on Darfur of grazing permit renewals, monitoring cost. It grew out of a terrible tragedy Revisited: The International Response. programs and allotment restocking that took place in the skies over Texas The PRESIDING OFFICER. Without plans. 21⁄2 years ago, when the space shuttle objection, it is so ordered. The PRESIDING OFFICER. Without Columbia and her brave crew were lost COMMITTEE ON HOMELAND SECURITY AND objection, it is so ordered. as they were returning home from an important and successful research mis- GOVERNMENTAL AFFAIRS f Mr. BURR. Mr. President, I ask unan- sion. PRIVILEGE OF THE FLOOR imous consent that the Committee on In the aftermath of that accident, we were forced, as a nation, to once again Homeland Security and Governmental Mr. BROWNBACK. Mr. President, I confront the question of the value of Affairs be authorized to meet on ask unanimous consent that Johanna space exploration in the face of the Wednesday, September 28, 2005, at 9:30 Mihok, a legal intern on my Judiciary risks involved in sending our best and a.m. for a hearing titled, ‘‘Recovering Committee staff, be granted floor privi- brightest—and those of other nations from Hurricane Katrina: Responding to leges for the duration of the consideration of Judge John Roberts to be who are our partners in space explo- the Immediate Needs of Its Victims.’’ ration—into the hostile realm of space. The PRESIDING OFFICER. Without Chief Justice of the United States. The PRESIDING OFFICER. Without The overwhelming and resounding an- objection, it is so ordered. swer, from the families of those who COMMITTEE ON INDIAN AFFAIRS objection, it is so ordered. Mr. HARKIN. I ask unanimous con- were lost to men, women and children Mr. BURR. Mr. President, I ask unan- across the country, and our elected imous consent that the Committee In- sent Elizabeth Leef of my staff be granted the privilege of the floor for leadership, was ‘‘yes.’’ They gave the dian Affairs be authorized to meet on same answer that Lewis and Clark gave the duration of today’s session. Wednesday, September 28, 2005, at 2:30 to Thomas Jefferson 200 years ago, The PRESIDING OFFICER. Without p.m. in Room 485 of the Russell Senate when he charged them with the task of objection, it is so ordered. Office Building to conduct an oversight exploring what was then a great, large- Mr. NELSON of Nebraska. Mr. Presi- hearing on Indian Housing. ly unknown expanse. The PRESIDING OFFICER. Without dent, I ask unanimous consent that Just as that difficult but inspiring objection, it is so ordered. Valerie Frias and Katherine Hutch- voyage of discovery opened the way for inson, two Judiciary Committee staff- COMMITTEE ON THE JUDICIARY this Nation to spread its wings from ers, be granted floor privileges for the sea to sea, the voyages of discovery Mr. BURR. Mr. President, I ask unan- duration of the debate on the nomina- imous consent that the Committee on into the far reaches of space have tion of John G. Roberts to be Chief begun—and will continue—to open vast the Judiciary be authorized to meet to Justice of the United States. conduct a hearing on ‘‘Protecting opportunities for our Nation, and for The PRESIDING OFFICER. Without the world. Copyright and Innovation in a Post- objection, it is so ordered. Grokster World’’ on Wednesday, Sep- While the vision that drove Lewis Mr. GRASSLEY. First, I ask unani- and Clark—the discovery of a north- tember 28, 2005 at 9:30 a.m. in the Dirk- mous consent that Matt Reisetter of sen Senate Office Building Room 226. west passage to the Pacific Ocean—was my staff be granted the privilege of the not the result they achieved, the un- Witness List floor for the remainder of the debate on derstanding of the raw richness of our Panel I: The Honorable Mary Beth the nomination of Judge Roberts. continent, and the insights into them- Peters, U.S. Register of Copyrights, The PRESIDING OFFICER. Without selves and their fellow human beings Copyright Office, Washington, DC; and objection, it is so ordered. provided a wealth of discovery more di- the Honorable Debra Wong Yang, U.S. f verse and more valuable than any spe- Attorney for the Central District of NATIONAL AERONAUTICS AND cific goal they had in mind as they California and Chair of the Attorney SPACE ADMINISTRATION AU- began. Among the many important findings General’s Advisory Committee on THORIZATION ACT OF 2005 Cyber/Intellectual Property Sub- of the investigation into the Columbia Mr. GRAHAM. Mr. President, I ask committee, Los Angeles, CA. accident was the need for a renewed unanimous consent that the Senate Panel II: Marty Roe, Lead Singer, Di- guiding vision for our human space ex- proceed to the immediate consider- amond Rio, Nashville, TN; Cary Sher- ploration programs. On January 14, ation of Calendar No. 174, S. 1281. 2004, President George W. Bush pro- man, President, Recording Industry The PRESIDING OFFICER. The vided the essence of that bold new vi- Association of America, Washington, clerk will report the bill by title. sion for exploration, not only for DC; Gary Shapiro, President and Chief The legislative clerk read as follows: NASA, but for the Nation. It extends Executive Officer, Consumer Elec- far beyond his tenure in office—beyond tronics Association, Arlington, VA; A bill (S. 1281) to authorize appropriations for the National Aeronautics and Space Ad- the tenure of most of us serving in the Mark Lemley, William H. Neukom, ministration for science, aeronautics, explo- Senate today. It reaches beyond many Professor of Law, Stanford University ration, exploration capabilities, and the In- years and ultimately millions of miles Law School and Director Stanford Pro- spector General, and for other purposes, for into the solar system in which we live. gram in Law, Science and Technology fiscal years 2006, 2007, 2008, 2009, and 2010. It will require a long-standing commit- Stanford, CA; Ali Aydar, Chief Oper- There being no objection, the Senate ment by this Nation, and it will not be ating Officer, SNOCAP, San Francisco, proceeded to consider the bill which an easy vision to accomplish. We will CA; and Sam Yagan, President, had been reported from the Committee find unexpected obstacles and chal- MetaMachine, Inc. (developer of on Commerce, Science and Transpor- lenges along the way. If we didn’t, it eDonkey and Overnet) New York, NY. tation with amendments. would not really be exploration. Our The PRESIDING OFFICER. Without (Strike the parts shown in black task as a nation, and in the company of objection, it is so ordered. brackets and insert the parts shown in international partners who will join us SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS italic.) on this journey, will be to meet those Mr. BURR. Mr. President, I ask unan- Mrs. HUTCHISON. Mr. President, I challenges and turn them into opportu- imous consent that the Subcommittee am delighted to join my friend and col- nities. on Public Lands and Forests be author- league, the distinguished Senator from The essential first step in the new Vi- ized to meet during the session of the Florida, in bringing before the Senate sion for Exploration was to return the Senate on Wednesday, September 28, at today, S. 1281, the NASA Authorization space shuttle to flight. As we all know, 2:30 p.m. Bill of 2005. Our subcommittee and the the space shuttle Discovery launched The purpose of the hearings is to re- full Commerce Committee have worked into orbit and began this Nation’s review the Grazing programs of the Bu- hard to prepare legislation that we be- turn to space flight on July 26th. Com- reau of Land Management and the For- lieve is important and timely, because mander Eileen Collins and her crew,

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE September 28, 2005 CONGRESSIONAL RECORD — SENATE S10611 the crew aboard the International been, and we have learned valuable les- Over the past 17 years, this Chamber Space Station, and the entire NASA sons that can be applied to the next has been the scene of vigorous discus- team conducted an extremely success- generation of human space flight vehi- sion and debate on the International ful first test flight to assess the cle. Space Station, long before the first progress made in the space shuttle pro- Last year we witnessed dramatic evi- module was launched in November of gram since the tragic Columbia acci- dence of yet another major change in 1998. Through all that discussion, the dent. While the shedding of foam debris space exploration when pilot Mike Mel- central theme of those of us who sup- during liftoff—the direct cause of the ville flew SpaceShipOne, built by the ported the space station—and two- damage to Columbia—was reduced to a Scaled Deposits Corporation, over 100 thirds of us consistently supported it level far below that previously experi- kilometers high, to become the first in the votes following those debates— enced, it has not been eliminated and person to fly a privately-built vehicle was that the ISS represents a unique more work remains to understand and into the reaches of space on September laboratory in space, which holds the address that problem. Fortunately, 29, 2004. Five days later, on October 4 promise for scientific findings that can among the major improvements in the Brian Binnie at the controls, directly benefit us on Earth. I find it Shuttle program is the vast increase in SpaceShipOne became the first private interesting to hear statements that the the ability to monitor and collect vis- manned spacecraft to exceed an alti- space station has not fulfilled that ual information on the health of the tude of 328,000 feet twice within the promise. Those who suggest that seem Orbiter both during launch and in span of a 14-day period. With that ac- to have forgotten that it is not yet orbit. That unprecedented level of in- complishment, Scaled Deposits Cor- completed. In fact, only one of the formation was combined with new on- poration won the $10 million Ansari X- three planned laboratories is on orbit orbit repair techniques to further en- Prize, funded entirely by private funds. now—the US Destiny laboratory—and hance our confidence in the shuttle A new era in private, commercial de- it is not yet fully equipped. The re- program’s flight readiness. All of us, velopment of manned and unmanned maining modules are completed, and I’m sure, were thrilled to watch astro- spacecraft has begun, which offers ex- are at the Kennedy Space Center, naut Steve Robinson deftly pluck the citing opportunities for the future. awaiting their launch and outfitting so small gap fillers from Discovery’s un- For example, two space entre- that the long-standing plans for ISS re- derside, and the amazing never before preneurs are planning to join together search can finally begin. We and our seen images of the orbiter’s thermal in the launch early next year of the international partners have invested protection system. Our subcommittee Falcon V launch vehicle, built by Elon far too much in building and preparing will continue to monitor the applica- Musk’s Space-X Corporation, which those facilities, and the on-orbit struction of the findings of this first test will carry aloft a prototype one-third ture that will provide their home and flight to the preparations for the scale space module built by Robert supporting power and crew accom- launch of the second test flight next Bigelow’s Bigelow Aerospace Corpora- modations, to back away from that in- year, which continues this first step in tion. Other companies are developing vestment now. To do so would not only the Vision for Exploration. designs and building prototype hard- represent a wasteful, irresponsible and The legislation we bring before the ware that could be the precursors of inexcusable breach of faith with the Senate today supports the Vision of commercially developed space station American taxpayers, but an uncon- Exploration outlined by the President. modules and the means of supplying scionable betrayal of scientists and re- It provides an opportunity for the Con- and maintaining them with cargo and searchers in a wide range of disciplines gress to fulfill its responsibility to help crews that could complement and ex- who have invested years of effort and set the stage for the commencement of pand the research opportunities pro- resources preparing to conduct re- our new national journey of explo- vided by the International Space Sta- search that can only be done in the ration. It has been 5 years since the tion. S. 1281 includes language which microgravity of space. Congress has enacted authorization both encourages and enables increased This bill acknowledges and reaffirms legislation for NASA and its programs. commercial involvement in space ac- our commitment to fulfill the promise Those 5 years have seen a great deal of tivities, including servicing the Inter- of the ISS. We recognize that NASA change in the realm of space explo- national Space Station, developing and has limited total resources and has ration. First and foremost, for nearly conducting free-flying space research been given an enormous task to lead all of that time, humans have been liv- vehicles, and providing for increased the Vision for Exploration. The de- ing and working continuously on orbit use of competitive prizes and incen- mands of many valuable and important 240 miles above the earth aboard the tives to spur private investment and existing programs have forced NASA to International Space Station. Despite development. We would expect to see make difficult choices in focusing the interruption of its assembly by the that private sector interest and in- those scarce resources in ways which Columbia accident, the space station volvement eventually extend beyond support the goals of the Vision. We un- has already provided a great deal of im- earth orbit to become an integral part derstand that reality, and have at- portant scientific information result- of the nation’s broader commitment to tempted in this 5-year reauthorization ing from the research the expedition exploration of the Moon, Mars and des- bill to provide a stable, consistent and crews aboard the ISS have been able to tinations beyond. moderately increasing level of funding accomplish. And most of its laboratory I would like now to discuss some of to enable NASA to address those chal- facilities are not yet on orbit. The the key provisions of the NASA reau- lenges. space station represents an immensely thorization bill which I believe are es- valuable asset for this Nation and our pecially important to the new begin- At the same time, we have encour- international and scientific partners, ning we are making as a nation within aged, as I noted earlier, the increased and the legislation before the Senate the Vision for Exploration. participation and involvement of com- today will serve to ensure it realizes There is an old saying that a journey mercial interests and capabilities, in a the vast potential it has long promised. of a thousand miles begins with a sin- way that can relieve NASA of some of The past 5 years have seen other gle step. It is also true that we must the basic burdens of space operations. changes. begin from where we find ourselves With respect to space station research, As we have undergone the recovery today. As I said earlier, the first step of we believe additional steps must be from the Columbia accident, we have the Vision was initiated this past sum- taken to enable NASA to conduct the witnessed the most comprehensive re- mer with the launch of Discovery, and research it must to support long-dura- view of the hardware, systems and will continue with the subsequent tion human spaceflight, and to return processing for the space shuttle pro- flights of the space shuttle to complete to the Moon, and move onward to gram since it began operational flights the assembly of the International Mars, while not sacrificing or under- 24 years ago. While we may never be Space Station and fulfill our commit- mining the investment we have made able to completely eliminate the risks ments to our international partners in the ISS. of human spaceflight, the space shuttle and—I must add—our commitments to To accomplish this, the legislation system is safer today than it has ever our scientific partners. designates the U.S. segment of the

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE S10612 CONGRESSIONAL RECORD — SENATE September 28, 2005 International Space Station as na- is essential to our Nation, and re- capabilities are, in fact, the most labor tional laboratory facility. It further di- quired, in Section 202 of the bill, that and resource-intensive elements of a rects the NASA Administrator to de- the Space Shuttle Orbiter not be re- spaceflight program, over time. They velop a plan, within one year after en- tired until a replacement crew-capable must be maintained even when the ve- actment of the bill, to establish a space vehicle be made operational. hicles themselves are not flying, and ground-based national laboratory NASA’s new Administrator, Dr. Mi- must be kept in a high state of readi- structure that will be responsible for chael Griffin, stated, in his confirma- ness. For human spaceflight systems, maintaining and operating the re- tion hearing before the Commerce especially, that expertise and readiness search capabilities in the on-orbit lab- Committee, and again in a subsequent are fundamental elements of flight oratory facilities. The ISS national subcommittee hearing on the space safety. laboratory will be empowered to estab- shuttle, that he shared our concern The non-orbiter elements of the lish scientific—and funding—relation- about a lengthy hiatus period in U.S. space shuttle program, both in flight ships with other governmental and spaceflight capability. Since assuming hardware and ground support, rep- non-governmental entities and to in- leadership of NASA, he has undertaken resent an enormous national asset and, clude international participation as an effort to approach the development with modifications and reengineering, well. The infusion of new participants of the replacement vehicle in such a can potentially be adapted to meet—in and non-NASA resources will free way as to close that gap as much as separate configurations—the require- NASA of much of the financial burden possible. In anticipation of the success ments for human spaceflight and for it would require to sustain broad-based of those efforts, Senator NELSON and I the launch of large, heavy payloads. research aboard ISS, and would thus agreed to a modification of the lan- Those large payloads are beyond the enable it to focus its ISS research, as guage in the bill—included in the man- reach of either evolved expendable planned, on those disciplines and ex- ager’s amendment to the bill—which launch vehicles or privately-developed periments which directly support the provides some flexibility in meeting launch vehicles—or the current or needs of the Vision for Exploration. the goal of uninterrupted U.S. planned launch vehicles of any other We believe this represents a creative spaceflight capability, but continues to nation, for that matter. For these rea- and responsible approach to meeting state it as a policy objective. The Ex- sons, and others, this legislation di- our international commitments and ploration Systems Architecture Study rects and encourages NASA to make fulfilling the long-standing research was recently completed and I am very the maximum possible utilization of promise of the ISS, while not inhib- pleased to say that the results track the personnel, assets and capabilities iting NASA’s pursuit of its exploration very closely to the provisions of S. of the space shuttle program in devel- objectives. 1281. The CEV development would be oping the next generation of crew and In order to continue the Nation’s ex- accelerated to 2012, with the possibility cargo vehicles. Again, the new NASA ploration activities, both in continuing of moving its operational date to 2011. plans will do just that, as envisioned essential activities in low-Earth orbit The key to CEV acceleration is largely by this legislation. and moving outward, back to the a question of resources, and sufficient Another important and historical Moon, Mars, and beyond, we must have funding could enable an even earlier NASA research activity is aeronautical a new generation of launch and flight operational date, possibly closing the research, a fundamental part of vehicles. The Vision for Exploration potential gap in spaceflight capability NASA’s activities since its inception. calls for the development of a new crew altogether. Indeed, not only is ‘‘aeronautics’’ the exploration vehicle and associated In Dr. Griffin’s appearance before the first ‘‘a’’ in NASA, but NASA came launch systems, to meet that objective. Science and Space Subcommittee dur- into being as an expansion of the Na- As I have stated, this legislation sup- ing our hearing on the space shuttle tional Advisory Committee on Aero- ports the goals and objectives of Vision program, he pointed out that the plan nautics, which was established in 1915. for Exploration. As the saying goes, for space shuttle retirement involves That heritage is an important NASA however, sometimes ‘‘the devil is in the the retirement of the Orbiters, not nec- legacy and the continued health of the details.’’ As those details have been re- essarily the additional components Nation’s aerospace industry in a very vealed in the planning to implement that make up what we call the space competitive global market-place the vision, I have expressed concerns shuttle. Those additional components makes it essential that our Nation about some of the early transitional are the solid rocket boosters and the have solid aeronautical research capa- steps to redirect NASA’s emphasis external fuel tank. bilities. Equally important, in an envi- from low-Earth orbit to exploration of I remind my colleagues that the Or- ronment of limited resources, is that the Moon and Mars. I have already ad- biter is a vehicle that has two major decisions about priorities for funding dressed the question of ensuring the spaceflight functions combined in a and programs be guided by a clear maximum use of the International single vehicle: the delivery of crew to statement of policy, based on a thor- Space Station. My other primary con- and from orbit, and the delivery of ough understanding of both available cern has to do with the transition from cargo, or payloads, to and from orbit. assets and essential requirements. This the Space Shuttle to the new crew ex- The future developments of U.S. legislation directs the development of ploration vehicle. The initial an- human spaceflight capability are in- a national policy to guide the Nation’s nouncement of the Vision for Explo- tended to separate those functions. aeronautical research—including that ration called for the termination of That will enable the development of conducted by NASA. The policy is to be Shuttle flights in 2010, and the first much more simplified—and arguably developed within one year after enact- flight of the crew exploration vehicle much safer, more efficient, and less ment of the legislation, in order to pro- in 2014. The resulting 4-year hiatus in costly—vehicles to serve each separate vide time for a thorough and complete this Nation’s ability to launch humans function. The provisions of S. 1281— assessment of every aspect of aero- into space was simply unacceptable to coupled with the revised plans for vehi- nautics research, and yet provide the me. It would represent a serious deg- cle development recently announced, earliest possible guidance for both the radation of our national and economic will fulfill those objectives using major administration and the Congress in de- security, as the community of elements of our existing systems and termining the appropriate funding lev- spacefaring nations expands with the adapting them to meet the require- els for U.S. aeronautics research. We advent of Chinese human spaceflight ments of both manned and unmanned have chosen not to establish a specific capability and the potential of even launch systems. level of funding for that research in the more nations developing such capa- Launch vehicles and spaceflight vehi- legislation, in order to provide the bility, potentially challenging U.S. cles do not prepare and launch them- flexibility for the NASA Administrator leadership in this important strategic selves into orbit or maintain them- to establish those levels using the na- area and major engine of technological selves entirely independently while in tional policy guidance we have re- advancement. space. They require ground-based sup- quired to be developed. S. 1281, as introduced, stated that un- port facilities, institutions and skilled Finally, let me say something about interrupted U.S. spaceflight capability personnel. The maintenance of those the broad range of science activities

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE September 28, 2005 CONGRESSIONAL RECORD — SENATE S10613 for which NASA has always been Through this NASA bill, Congress We have worked with NASA to ad- known. The remarkable feat of the can provide constructive support to the dress their concerns regarding the hia- Deep Impact asteroid interception mis- good work being done by Adminis- tus, and have crafted language that ex- sion and the extraordinary success of trator Michael Griffin, as they begin to presses our desire not to have a gap, the Spirit and Opportunity Mars Rov- implement the President’s vision and and that NASA feels is suitable. We are ers are, of course, only the most recent prepare NASA for the challenges of the aware of Dr. Griffin’s efforts to reduce and dramatic examples of NASA Space future. the potential for a gap and we appre- Science expertise. Less spectacular, This is a 5-year bill, authorizing ciate the work that he is doing to ac- but equally significant, are the earth NASA from 2006 through 2010. It au- celerate the crew exploration vehicle. observation and earth sciences pro- thorizes NASA appropriations in excess Our bill directs NASA to plan for and grams which help us understand—and of the President’s budget request. consider a Hubble servicing mission better care for—the spaceship of which For fiscal year 2006, the President re- after the two Space Shuttle Return to all of as are crew members—spaceship quested $16.456 billion, which is a 2.4 Flight missions have been completed. Earth. As with aeronautics research, percent increase over the fiscal year Americans are inspired by the images we have not spelled out specific fund- 2005 NASA operating budget. Recently that Hubble produces. The new instru- ing authorization levels for the full 5 the Commerce, Justice, and Science ments to be added during the SM–4 years authorized among the various Appropriations Subcommittee ap- Hubble servicing mission will produce science disciplines, providing flexi- proved $16.4 billion for NASA. This bill higher quality images; enable us to see bility for the NASA Administrator to authorizes $16.556 billion for fiscal year further into space; and give scientists a make the best judgments about re- 2006, which is a 3 percent increase over better understanding of our universe’s source allocations. However, we ex- the fiscal year 2005 NASA operating past, and perhaps of our future. The re- press clearly in this bill the need for budget. This bill authorizes increases placement gyroscopes and batteries maintaining a balanced science port- at a level of about 3 percent each year, that are planned for the mission will folio throughout all NASA programs. consistently providing more funding extend Hubble’s life by 5 or more years. In addition, we require accountability than the President’s budget projection. This NASA authorization bill calls and will maintain careful oversight Like many of our colleagues, Senator for utilization of the International over the plans and decisions made to HUTCHISON and I believe that recent Space Station for basic science as well implement that balance. NASA budget requests have been below as exploration science. It is important This legislation provides a com- the levels required for NASA to per- that we reap the benefits of our multi- prehensive, forward-looking and reform its various missions effectively. billion dollar investment in the Space sponsible approach to the transition of Once this bill is enacted, we intend to Station. The promise of some basic our Nation’s space exploration pro- work with the Appropriations Com- science research requires a micro-grav- grams into a new era of discovery. I be- mittee to ensure that adequate funds ity or a space environment for us to lieve that, together with our colleagues are provided for NASA to succeed. better understand the problem that we in the other body, we will be able to This legislation authorizes NASA to are trying to solve. This bill ensures craft a congressional consensus that return humans to the Moon, to explore that NASA will maintain a focus on will help ensure this Nation’s leader- it, and to maintain a human presence the importance of basic science. ship in space exploration and provide on the Moon. Consistent with the In order to assure that we can meet benefits beyond measure and beyond President’s vision, it also requires our obligations with respect to the imagination to this Nation and the using what we learn and develop on the Space Station, the administration has world. Moon as a stepping stone to future ex- requested that Congress modify the I want to thank my friend and col- ploration of Mars. Iran Nonproliferation Act to ensure league from Florida, Senator NELSON, To carry out these missions, our bill that we can continue to cooperate with for the spirit of cooperation he and his requires NASA to develop an imple- the Russian Federation in this area. staff have brought to the development mentation plan for the transition from There may be periods when our only and refinement of this legislation. It shuttle to crew exploration vehicle, access to the Space Station will be on represents a truly bi-partisan—really a CEV. The plan will help NASA to make the Russian Soyuz spacecraft. But Rus- non-partisan—result, as is appropriate a smooth transition from retirement of sia’s failure to cease all proliferation for the Nation’s space exploration pro- the space shuttle orbiters to the re- activities with respect to Iran has re- grams. I also want to express my ap- placement spacecraft systems. The im- sulted in sanctions against Russia that preciation to the staff of my Sub- plementation plan will help make sure would preclude such cooperation. committee staff and the full Commerce that we can keep the skills and the This bill directs NASA to improve its Committee staff who have worked to focus that are needed to assure that safety culture. According to the Co- bring this measure before the Senate. each space shuttle flight is safe lumbia Accident Investigation Board, And, of course, I want to acknowledge through retirement of the orbiters, and CAIB, report, the safety culture at the leadership of Senators STEVENS and to retain those personnel needed for NASA was as much a cause of the Co- INOUYE, who have supported our efforts the CEV and heavy-lift cargo space- lumbia tragedy as the physical cause. to provide authorization and a strong craft. Low- and mid-level personnel felt that policy foundation to our Nation’s space It is essential to our national secu- you could not elevate safety concerns exploration efforts. rity that we prevent any hiatus or gap without reprisals, or being ignored. I urge my colleagues to support S. in which the United States cannot send NASA has already taken significant 1281. astronauts to space without relying on steps to address these problems, but we Mr. NELSON of Florida. Mr. Presi- a foreign country. The Russians have need to assure that the safety culture dent, I am pleased to join Senators been good partners in construction of improves as quickly as possible and HUTCHISON, STEVENS, INOUYE, and LOTT the International Space Station, and that it continues to improve. today in sponsoring an amended NASA the Soyuz spacecraft has been a reli- This legislation proposes that the Authorization Act and managers pack- able vehicle for our astronauts. But Aerospace Safety Advisory Panel mon- age that provides policy guidance for with all of the uncertainties in our re- itor and measure NASA’s improve- keeping NASA on track to achieve lationship with Russia, we simply can- ments to their safety culture, includ- their objectives; and to ensure that not allow ourselves the vulnerability of ing employees’ fear of reprisals for there is a good balance between the dif- being totally dependent on the Soyuz. voicing concerns about safety. ferent activities that NASA performs. We need to maintain assured access to It also contains policy regarding Just a few days ago, NASA released space by U.S. astronauts on a contin- NASA’s need to consider and imple- their Exploration Systems Architec- uous basis. We therefore require in this ment lessons learned, in order to avoid ture Study. The study describes how legislation, that there not be a hiatus another preventable tragedy like the NASA plans to implement the Presi- between the retirement of the space Challenger and Columbia disasters. dent’s Vision for Space Exploration by shuttle orbiters and the availability of This authorization bill addresses returning to the Moon and preparing to the next generation U.S. human-rated NASA aeronautics and America’s pre- go beyond. spacecraft. eminence in aviation. The Europeans

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE S10614 CONGRESSIONAL RECORD — SENATE September 28, 2005 have stated their intent to dominate passed; the motions to reconsider be SUBTITLE C—LIMITATIONS AND SPECIAL the airplane market by 2020. It is not in laid upon the table; and that any state- AUTHORITY our national interest to let that occur. ments relating to the bill be printed in Sec. 161. Official representational fund. We are calling on NASA to develop the RECORD. Sec. 161. Facilities management. and demonstrate aviation technologies The PRESIDING OFFICER. Without TITLE II—INTERNATIONAL SPACE for reducing commercial aircraft noise objection, it is so ordered. STATION levels at airports, making aircraft The amendment (No. 1875) was agreed Sec. 201. International Space Station com- more fuel efficient, improving aircraft to. pletion. safety and security, and continuing the (The amendment is printed in today’s Sec. 202. Research and support capabilities on international Space Station. pursuit of revolutionary concepts such RECORD under ‘‘Text of Amendments.’’) Sec. 20d. National laboratory status for as hypersonic flight. Aeronautics is a The committee amendments were International Space Station. very important function of NASA and agreed to. Sec. 204. Commercial support of Inter- needs to be continued and further de- The bill (S. 1281), as amended, was national Space Station oper- veloped. This bill calls on NASA to as- read the third time and passed, as fol- ations and utilization. sure that at least 5 percent of the aero- lows: Sec. 205. Use of the International Space Sta- nautics budget is allocated for funda- S. 1281 tion and annual report. mental aeronautical research. Be it enacted by the Senate and House of Rep- TITLE III—NATIONAL SPACE NASA has a new direction, and they resentatives of the United States of America in TRANSPORTATION POLICY have outstanding leadership in Dr. Mi- Congress assembled, Sec. 301. United States human-rated launch chael Griffin. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. capacity assessment. We have an opportunity to authorize (a) SHORT TITLE.—This Act may be cited as Sec. 302. Space Shuttle transition. NASA for: implementing the Vision for ‘‘National Aeronautics and Space Adminis- Sec. 303. Commercial launch vehicles. Sec. 304. Secondary payload capability. Space Exploration; renewing our com- tration Authorization Act of 2005’’. mitment to U.S. aviation and NASA (b) TABLE OF CONTENTS.—The table of con- TITLE IV—ENABLING COMMERCIAL tents for this Act is as follows: ACTIVITY aeronautics research; retaining or res- urrecting very important science ac- Sec. 1. Short title; table of contents. Sec. 401. Commercialization plan. Sec. 2. Findings. Sec. 402. Authority for competitive prize tivities at NASA; and assuring that Sec. 3. Definitions. program to encourage develop- America has continuous human access TITLE I—AUTHORIZATION OF ment of advanced space and to space. APPROPRIATIONS aeronautical technologies. By passing this legislation, we will Sec. 403. Commercial goods and services. SUBTITLE A—AUTHORIZATIONS continue to advance our national secu- TITLE V—MISCELLANEOUS Sec. 101. Fiscal year 2006. rity, strengthen our economy, inspire Sec. 102. Fiscal year 2007. ADMINISTRATIVE IMPROVEMENTS the next generation of explorers, and Sec. 103. Fiscal year 2008. Sec. 501. Extension of indemnification au- fulfill our destiny as explorers. Sec. 104. Fiscal year 2009. thority. Mr. STEVENS. Mr. President, pas- Sec. 105. Fiscal year 2010. Sec. 502. Intellectual property provisions. sage of S. 1281, the NASA Authoriza- Sec. 106. Evaluation criteria for budget re- Sec. 503. Retrocession of jurisdiction. tion Act of 2005, is a milestone in our quest. Sec. 504. Recovery and disposition authority. country’s continued efforts to open and SUBTITLE B—GENERAL PROVISIONS Sec. 505. Requirement for independent cost Sec. 131. Implementation of a science pro- develop new frontiers. analysis. gram that extends human One year after the Columbia space Sec. 506. Electronic access to business op- knowledge and understanding shuttle tragedy, President Bush gave portunities. of the Earth, sun, solar system, us a bold, new vision for the future of Sec. 507. Reports elimination. and the universe. space exploration. This legislation pro- Sec. 132. Biennial reports to Congress on SEC. 2. FINDINGS. vides the framework we need to imple- science programs. The Congress finds the following: ment the President’s vision. Sec. 133. Status report on Hubble Space Tel- (1) It is the policy of the United States to The Moon is the strategic gateway to escope servicing mission. advance United States scientific, security, the rest of the solar system. It will ul- Sec. 134. Develop expanded permanent and economic interests through a healthy timately be a critical point for many human presence beyond low- and active space exploration program. human endeavors. It will support eco- Earth orbit. (2) Basic and applied research in space science, Earth science, and aeronautics re- nomic growth, cutting-edge research Sec. 135. Ground-based analog capabilities. Sec. 136. Space launch and transportation main a significant part of the Nation’s goals and technology, and innovative part- transition, capabilities, and de- for the use and development of space. Basic nerships. velopment. research and development is an important This legislation also provides NASA Sec. 137. National policy for aeronautics re- component of NASA’s program of explo- with important guidance for its other search and development. ration and discovery. missions. It outlines a national aero- Sec. 138. Identification of unique NASA core (3) Maintaining the capability to safely nautics policy, which will be developed aeronautics research. send humans into space is essential to by the administration. This policy will Sec. 139. Lessons learned and best practices. United States national and economic security, United States preeminence in space, enable us to take into account emerg- Sec. 140. Safety management. Sec. 141. Creation of a budget structure that and inspiring the next generation of exploring challenges in aeronautics research aids effective oversight and ers. Thus, a gap in United States human as we plan our investments going for- management. space flight capability is harmful to the na- ward. Sec. 142. Earth observing system. tional interest. S. 1281 also calls for the implementa- Sec. 143. NASA healthcare program. (4) The exploration, development, and per- tion of a balanced space science pro- Sec. 144. Assessment of extension of data collec- manent habitation of the Moon will— gram and highlights the need for better tion from Ulysses and Voyager (A) inspire the Nation; access to data which can meet local spacecraft. (B) spur commerce, imagination, and excitement around the world; and and national challenges. Sec. 145. Program to expand distance learning in rural underserved areas. (C) open the possibility of further explo- This is a bipartisan bill which pro- Sec. 146. Institutions in NASA’S minority insti- ration of Mars. vides a solid foundation for our current tutions program. (5) The establishment of the capability for and future space activities. I am Sec. 147. Aviation safety program. consistent access to and stewardship of the pleased we are sustaining our long- Sec. 148. Atmospheric, geophysical, and rocket region between the Moon and Earth is in the standing commitment to space explo- research authorization. national security and commercial interests ration. Sec. 149. Orbital debris. of the United States. Mr. GRAHAM. I ask unanimous con- Sec. 150. Continuation of certain educational (6) Commercial development of space, in- sent that the Hutchison amendment at programs. cluding exploration and other lawful uses, is Sec. 151. Establishment of the Charles ‘‘Pete’’ in the interest of the United States and the the desk be agreed to; the committee- Conrad Astronomy Awards Pro- international community at large. reported amendments, as amended, if gram. (7) Research and access to capabilities to amended, be agreed to; the bill, as Sec. 152. GAO assessment of feasibility of Moon support a national laboratory facility within amended, be read a third time and and Mars exploration missions. the United States segment of the ISS in low-

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE September 28, 2005 CONGRESSIONAL RECORD — SENATE S10615 Earth orbit are in the national policy inter- (1) $10,549,800,000 for science, aeronautics ment and commercial remote sensing capa- ests of the United States, including mainte- and exploration (including amounts for con- bilities and other sources of geospatial infor- nance and development of an active and struction of facilities). mation to address their needs; øand¿ healthy stream of research from ground to (2) For exploration capabilities, (8) plan, develop, and implement a near- space in areas that can uniquely benefit from $6,469,600,000, for the following programs (in- Earth object survey program to detect, access to this facility. cluding amounts for construction of facili- track, catalogue, and characterize the phys- (8) NASA should develop vehicles to re- ties), of which $6,469,600,000 shall be for space ical characteristics of near-Earth asteroids place the Shuttle orbiter’s capabilities for operations. and comets in order to assess the threat of transporting crew and heavy cargo while uti- (3) For the Office of Inspector General, such near-Earth objects in impacting the lizing the current program’s resources, in- $33,500,000. øEarth.¿ Earth; and cluding human capital, capabilities, and in- SEC. 103. FISCAL YEAR 2008. (9) ensure that, of the amount expended for frastructure. Using these resources can ease There are authorized to be appropriated to aeronautics, a significant portion is directed to- the transition to a new space transportation the National Aeronautics and Space Admin- ward the Vehicle System Program, as much of system, maintain an essential industrial istration, for fiscal year 2008, $17,470,900,000. the basic, long-term, high-risk, and innovative base, and minimize technology and safety SEC. 104. FISCAL YEAR 2009. research in aeronautical disciplines is performed risks. There are authorized to be appropriated to within that program. ø(9) The United States should remain the the National Aeronautics and Space Admin- SEC. 132. BIENNIAL REPORTS TO CONGRESS ON world leader in aeronautics and aviation. istration, for fiscal year 2009, $17,995,000,000. SCIENCE PROGRAMS. (a) IN GENERAL.—Within 180 days after the NASA should align its aerospace research to SEC. 105. FISCAL YEAR 2010. date of enactment of this Act and every 2 ensure United States leadership. A national There are authorized to be appropriated to years thereafter, the Administrator shall effort is needed to assess NASA’s aeronautics the National Aeronautics and Space Admin- transmit a report to the Senate Committee programs and infrastructure to allow a con- istration, for fiscal year 2010, $18,534,900,000. solidated national approach that ensures ef- on Commerce, Science, and Transportation SEC. 106. EVALUATION CRITERIA FOR BUDGET and the House of Representatives Committee ficiency and national preeminence in aero- REQUEST. ¿ on Science setting forth in detail— nautics and aviation. It is the sense of the Congress that each (1) the findings and actions taken on (9) The United States must remain the leader budget of the United States submitted to the NASA’s assessment of the balance within its in aeronautics and aviation. Any erosion of this Congress after the date of enactment of this science portfolio and any efforts to adjust preeminence is not in the Nation’s economic or Act should be evaluated for compliance with that balance among the major program security interest. NASA should align its aero- the findings and priorities established by areas, including the areas referred to in sec- space leadership to ensure United States leader- this Act and the amendments made by this tion 131; ship. A national effort is needed to ensure that Act. NASA’s aeronautics programs are leading con- (2) any activities undertaken by the Ad- tributors to the Nation’s civil and military avia- Subtitle B—General Provisions ministration to conform with the Sun-Earth tion needs, as well as to its exploration capabili- SEC. 131. IMPLEMENTATION OF A SCIENCE PRO- science and applications direction provided ties. GRAM THAT EXTENDS HUMAN in section 131; and KNOWLEDGE AND UNDERSTANDING SEC. 3. DEFINITIONS. (3) efforts to enhance near-Earth object de- OF THE EARTH, SUN, SOLAR SYSTEM, tection and observation. In this Act: AND THE UNIVERSE. (b) EXTERNAL REVIEW FINDINGS.—The Ad- (1) ADMINISTRATOR.—The term ‘‘Adminis- The Administrator shall— ministrator shall include in each report sub- trator’’ means the Administrator of the Na- (1) conduct a rich and vigorous set of mitted under this section a summary of find- tional Aeronautics and Space Administra- science activities aimed at better com- ings and recommendations from any external tion. prehension of the universe, solar system, and reviews of the Administration’s science mis- (2) ISS.—The term ‘‘ISS’’ means the Inter- Earth, and ensure that the various areas sion priorities and programs. national Space Station. within NASA’s science portfolio are devel- SEC. 133. STATUS REPORT ON HUBBLE SPACE (3) NASA.—The term ‘‘NASA’’ means the oped and maintained in a balanced and TELESCOPE SERVICING MISSION. National Aeronautics and Space Administra- healthy ømanner;¿ manner, and, as part of Within 60 days after the landing of the section. this balanced science research program, provide, ond Space Shuttle mission for return-to- (4) SHUTTLE-DERIVED VEHICLE.—The term to the maximum extent feasible, continued sup- flight certification, the Administrator shall ‘‘shuttle-derived vehicle’’ means any new port and funding for the Magnetospheric transmit to the Senate Committee on Com- space transportation vehicle, piloted or Multiscale Mission, SIM-Planet Quest, and Fu- merce, Science, and Transportation and the unpiloted, that— ture Explorers programs, including determining House of Representatives Committee on (A) is capable of supporting crew or cargo whether these delayed missions and planned Science a one-time status report on a Hubble missions; and missions can be expedited to meet previous Space Telescope servicing mission. (B) uses a major component of NASA’s schedules; SEC. 134. DEVELOP EXPANDED PERMANENT Space Transportation System, such as the (2) plan projected Mars exploration activi- HUMAN PRESENCE BEYOND LOW- solid rocket booster, external tank, engine, ties in the context of planned lunar robotic EARTH ORBIT. and orbiter. precursor missions, ensuring the ability to (a) IN GENERAL.—As part of the programs (5) IN-SITU RESOURCE UTILIZATION.—The conduct a broad set of scientific investiga- authorized under the National Aeronautics term ‘‘in-situ resource utilization’’ means tions and research around and on the Moon’s and Space Act of 1958 (42 U.S.C. 2451 et seq.), the technology or systems that can convert surface; the Administrator shall establish a program indigenous or locally-situated substances (3) upon successful completion of the to develop a permanently sustained human into useful materials and products. planned return-to-flight schedule of the presence on the Moon, in tandem with an ex- TITLE I—AUTHORIZATION OF Space Shuttle, determine the schedule for a tensive precursor program, to support secu- APPROPRIATIONS Shuttle servicing mission to the Hubble rity, commerce, and scientific pursuits, and Space Telescope, unless such a mission Subtitle A—Authorizations as a stepping-stone to future exploration of would compromise astronaut or safety or the Mars. The Administrator is further author- SEC. 101. FISCAL YEAR 2006. integrity of NASA’s other missions; ized to develop and conduct international There are authorized to be appropriated to (4) ensure that, in implementing the provi- collaborations in pursuit of these goals, as the National Aeronautics and Space Admin- sions of this section, appropriate inter-agen- appropriate. istration, for fiscal year 2006, $16,556,400,000, cy and commercial collaboration opportuni- (b) REQUIREMENTS.—In carrying out this as follows: ties are sought and utilized to the maximum section, the Administrator shall— (1) For science, aeronautics and explo- feasible extent; (1) implement an effective exploration ration, $9,661,000,000 for the following pro- (5) seek opportunities to diversify the technology program that is focused around grams (including amounts for construction flight opportunities for scientific Earth the key needs to support lunar human and of facilities). science instruments and seek innovation in robotic operations; (2) For exploration capabilities, the development of instruments that would (2) as part of NASA’s annual budget sub- $6,863,000,000, (including amounts for con- enable greater flight opportunities; mission, submit to the Congress the detailed struction of facilities), which shall be used (6) develop a long term sustainable rela- mission, schedule, and budget for key lunar for space operations, and out of which tionship with the United States commercial mission-enabling technology areas, including $100,000,000 shall be used for the purposes of remote sensing industry, and, consistent areas for possible innovative governmental section 202 of this Act. with applicable policies and law, to the max- and commercial activities and partnerships; (3) For the Office of Inspector General, imum practical extent, rely on their serv- (3) as part of NASA’s annual budget sub- $32,400,000. ices; mission, submit to the Congress a plan for SEC. 102. FISCAL YEAR 2007. (7) in conjunction with United States in- NASA’s lunar robotic precursor and tech- There are authorized to be appropriated to dustry and universities, develop Earth nology programs, including current and the National Aeronautics and Space Admin- science applications to enhance Federal, planned technology investments and sci- istration, for fiscal year 2007, $17,052,900,000, State, ølocal, regional, and tribal agencies¿ entific research that support the lunar pro- as follows: local, and tribal governments that use govern- gram; and

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE S10616 CONGRESSIONAL RECORD — SENATE September 28, 2005 (4) conduct an intensive in-situ resource ø(1) uniqueness, mission dependency, and ‘‘(1) ensure that NASA employees can raise utilization technology program in order to industry need; and safety concerns without fear of reprisal; develop the capability to use space resources ø(2) the development or initiation of a con- ‘‘(2) continue to follow the recommenda- to increase independence from Earth, and solidated national aviation research, devel- tions of the Columbia Accident Investigation sustain exploration beyond low-Earth orbit. opment, and support organization. Board for safely returning and continuing to SEC. 135. GROUND-BASED ANALOG CAPABILITIES. ø(d)¿ (c) SCHEDULE.—No later than 1 year fly; and (a) IN GENERAL.—The Administrator shall after the date of enactment of this Act, the ‘‘(3) continue to inform the Congress from establish a ground-based analog capability in President’s Science Advisor and the Admin- time to time of NASA’s progress in meeting remote United States locations in order to istrator shall submit the national aero- those recommendations.’’. assist in the development of lunar oper- nautics policy to the Appropriations Com- mittees of the House of Representatives and SEC. 141. CREATION OF A BUDGET STRUCTURE ations, life support, and in-situ resource uti- THAT AIDS EFFECTIVE OVERSIGHT the Senate, the House Committee on lization experience and capabilities. AND MANAGEMENT. Science, and the Senate Committee on Com- (b) LOCATIONS.—The Administrator shall merce, Science, and Transportation. In developing NASA’s budget request for select locations for subsection (a) in places inclusion in the Budget of the United States that— SEC. 138. IDENTIFICATION OF UNIQUE NASA CORE AERONAUTICS RESEARCH. for fiscal year 2007 and thereafter, the Ad- (1) are regularly accessible; Within 180 days after the date of enact- ministrator shall— (2) have significant temperature extremes ment of this Act, the Administrator shall (1) include line items for— and range; and submit a report to the Senate Committee on (A) science, aeronautics, and exploration; (3) have access to energy and natural re- Commerce, Science, and Transportation and (B) exploration capabilities; and sources (including geothermal, permafrost, the House of Representatives Committee on (C) the Office of the Inspector General; volcanic, and other potential resources). Science that assesses the aeronautics re- (2) enumerate separately, within the (c) INVOLVEMENT OF LOCAL POPULATIONS; search program for its current and potential science, aeronautics, and exploration ac- PRIVATE SECTOR PARTNERS.—In carrying out application to new aeronautic and space ve- count, the requests for— this section, the Administrator shall involve hicles and the unique aeronautical research (A) space science; local populations, academia, and industrial and associated capabilities that must be re- (B) Earth science; and partners as much as possible to ensure that tained and supported by NASA to further (C) aeronautics; ground-based benefits and applications are space exploration and support United States (3) include, within the exploration capa- encouraged and developed. economic competitiveness. bilities account, the requests for— SEC. 136. SPACE LAUNCH AND TRANSPORTATION SEC 139. LESSONS LEARNED AND BEST PRAC- (A) the Space Shuttle; and TRANSITION, CAPABILITIES, AND DE- TICES (B) the ISS; and VELOPMENT. (a) IN GENERAL.—The Administrator shall (4) enumerate separately the specific re- (a) POST-ORBITER TRANSITION.—The Admin- provide an implementation plan describing quest for the independent technical author- istrator shall develop an implementation NASA’s approach for obtaining, imple- ity within the appropriate account. plan for the transition to a new crew explo- menting, and sharing lessons learned and SEC. 142. EARTH OBSERVING SYSTEM. ration vehicle and heavy-lift launch vehicle best practices for its major programs and that uses the personnel, capabilities, assets, projects within 180 days after the date of en- (a) IN GENERAL.—Within 6 months after the and infrastructure of the Space Shuttle to actment of this Act. The implementation date of enactment of this Act, the Adminis- the fullest extent possible and addresses how plan shall be updated and maintained to as- trator, in consultation with the Adminis- NASA will accommodate the docking of the sure that it is current and consistent with trator of the National Oceanic and Atmos- crew exploration vehicle to the ISS. the burgeoning culture of learning and safe- pheric Administration and the Director of (b) AUTOMATED RENDEZVOUS AND DOCK- ty that is emerging at NASA. the United States Geological Survey, shall ING.—The Administrator is directed to pur- (b) REQUIRED CONTENT.—The implementa- submit a plan to the Senate Committee on sue aggressively automated rendezvous and tion plan shall contain as a minimum the Commerce, Science, and Transportation and docking capabilities that can support ISS lessons learned and best practices require- the House of Representatives Committee on and other mission requirements and include ments for NASA, the organizations or posi- Science to ensure the long-term vitality of these activities, progress reports, and plans tions responsible for enforcement of the re- the earth observing system at NASA. in the implementation plan. quirements, the reporting structure, and the (b) PLAN REQUIREMENTS.—The plan shall— objective performance measures indicating (c) CONGRESSIONAL SUBMISSION.—Within 120 (1) address such issues as— days after the date of enactment of this Act the effectiveness of the activity. (A) out-year budgetary projections; (c) INCENTIVES.—The Administrator shall the Administrator shall submit a copy of the (B) technical requirements for the system; provide incentives to encourage sharing and and implementation plan to the Senate Com- implementation of lessons learned and best (C) integration into the Global Earth Ob- mittee on Commerce, Science, and Transpor- practices by employees, projects, and pro- tation and the House of Representatives grams; as well as penalties for programs and serving System of Systems; and Committee on Science. projects that are determined not to have (2) evaluate— SEC. 137. NATIONAL POLICY FOR AERONAUTICS demonstrated use of those resources. (A) the need to proceed with any NASA RESEARCH AND DEVELOPMENT. missions that have been delayed or canceled; SEC. 140. SAFETY MANAGEMENT. (B) plans for transferring needed capabili- (a) IN GENERAL.—The President, through Section 6 of the National Aeronautics and ties from some canceled or de-scoped mis- the Director of the Office of Science and Space Administration Authorization Act, Technology Policy, shall develop, in con- 1968 (42 U.S.C. 2477) is amended— sions to the National Polar-orbiting Envi- ronmental Satellite System; sultation with NASA and other relevant Fed- (1) by inserting ‘‘(a) IN GENERAL.—’’ before eral agencies, a national aeronautics policy (C) the technical base for exploratory earth ‘‘There’’; ø ¿ to guide the aeronautics programs of the (2) by striking ‘‘to it’’ and inserting ‘‘to it, observing systems; systems, including new United States through the year 2020. The de- including evaluating NASA’s compliance satellite architectures and instruments that en- velopment of this policy shall utilize external with the return-to-flight and continue-to-fly able global coverage, all-weather, day and night studies that have been conducted on the state of recommendations of the Columbia Accident imaging of the Earth’s surface features; United States aeronautics and aviation research Investigation Board,’’; (D) the need to strengthen research and and have suggested policies to ensure continued (3) by inserting ‘‘and the Congress’’ after analysis programs; and competitiveness. ‘‘advise the Administrator’’; (E) the need to strengthen the approach to (b) CONTENT.—At a minimum the national (4) by striking ‘‘and with respect to the obtaining important climate observations aeronautics policy shall describe— adequacy of proposed or existing safety and data records. (1) national goals for aeronautics research; standards and shall’’ and inserting ‘‘with re- (c) EARTH OBSERVING SYSTEM DEFINED.—In (2) the priority areas of research for aero- spect to the adequacy of proposed or existing this section, the term ‘‘earth observing sys- nautics through fiscal year 2011; safety standards, and with respect to man- tem’’ means the series of satellites, a science (3) the basis of which and the process by agement and culture. The Panel shall also’’; component, and a data system for long-term which priorities for ensuing fiscal years will and global observations of the land surface, bio- be selected; and (5) by adding at the end the following: sphere, solid Earth, atmosphere, and oceans. (4) respective roles and responsibilities of ‘‘(b) ANNUAL REPORT.—The Panel shall sub- SEC. 143. NASA HEALTHCARE PROGRAM. various Federal agencies in aeronautics re- mit an annual report to the Administrator The Administrator shall develop policies, pro- search. and to the Congress. In the first annual re- cedures, and plans necessary for— ø(c) NATIONAL ASSESSMENT OF AERONAUTICS port submitted after the date of enactment INFRASTRUCTURE AND CAPABILITIES.—In de- of the National Aeronautics and Space Ad- (1) the establishment of a lifetime healthcare veloping the national aeronautics policy, the ministration Authorization Act of 2005, the program for NASA astronauts and their fami- President, through the Director of the Office Panel shall include an evaluation of NASA’s lies; and of Science and Technology Policy, shall con- safety management culture. (2) the study and analysis of the healthcare duct a national study of government-owned ‘‘(c) SENSE OF THE CONGRESS.—It is the data obtained in order to understand the longi- aeronautics research infrastructure to as- sense of the Congress that the Administrator tudinal health effects of space flight on humans sess— should— better.

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00088 Fmt 0624 Sfmt 6333 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE September 28, 2005 CONGRESSIONAL RECORD — SENATE S10617 SEC. 144. ASSESSMENT OF EXTENSION OF DATA SEC. 150. CONTINUATION OF CERTAIN EDU- resentatives Committee on Science and the COLLECTION FROM ULYSSES AND CATIONAL PROGRAMS. Senate Committee on Commerce, Science, VOYAGER SPACECRAFT. From amounts appropriated to NASA for edu- and Transportation. (a) ASSESSMENT.—Not later than 60 days after cational programs, the Administrator shall en- (d) DEFINITIONS.—In this section: the date of the enactment of this Act, the Ad- sure continuation of the Space Grant Program, (1) NET PROCEEDS.—The term ‘‘net pro- ministrator shall carry out an assessment of the the Experimental Program to Stimulate Competi- ceeds’’ means the rental and other sums re- costs and benefits of extending, to such date as tive Research, and the NASA Explorer School to ceived less the costs of the disposition. the Administrator considers appropriate for pur- motivate and develop the next generation of ex- (2) REAL PROPERTY CAPITAL NEEDS.—The poses of the assessment, the date of the termi- plorers. term ‘‘real property capital needs’’ means nation of data collection from the Ulysses space- SEC. 151. ESTABLISHMENT OF THE CHARLES any expenses necessary and incident to the craft and the Voyager spacecraft. ‘‘PETE’’ CONRAD ASTRONOMY agency’s real property capital acquisitions, (b) REPORT.—Not later than 30 days after AWARDS PROGRAM. improvements, and dispositions. (a) IN GENERAL.—The Administrator shall es- completing the assessment required by sub- TITLE II—INTERNATIONAL SPACE tablish a program to be known as the Charles section (a), the Administrator shall submit a re- STATION port on the assessment to the Senate Committee ‘‘Pete’’ Conrad Astronomy Awards Program. on Commerce, Science, and Transportation and (b) AWARDS.—The Administrator shall make SEC. 201. INTERNATIONAL SPACE STATION COM- PLETION. the House of Representatives Committee on an annual award under the program of— (a) ELEMENTS, CAPABILITIES, AND CONFIGU- Science. (1) $3,000 to the amateur astronomer or group RATION CRITERIA.—The Administrator shall SEC. 145. PROGRAM TO EXPAND DISTANCE of amateur astronomers who in the preceding calendar year discovered the intrinsically ensure that the ISS will be able to— LEARNING IN RURAL UNDERSERVED (1) fulfill international partner agreements AREAS. brightest near-Earth asteroid among the near- Earth asteroids that were discovered during that and provide a diverse range of research ca- (a) IN GENERAL.—The Administrator shall de- pacity, including a high rate of human bio- velop or expand programs to extend science and year by amateur astronomers or groups of amateur astronomers; and medical research protocols, counter- space educational outreach to rural commu- measures, applied bio-technologies, tech- nities and schools through video conferencing, (2) $3,000 to the amateur astronomer or group of amateur astronomers who made the greatest nology and exploration research, and other interpretive exhibits, teacher education, class- priority areas; room presentations, and student field trips. contribution to the Minor Planet Center’s mission of cataloging near-Earth asteroids during (2) have an ability to support crew size of (b) PRIORITIES.—In carrying out subsection at least 6 persons; (a), the Administrator shall give priority to ex- the preceding year. (c) QUALIFICATION FOR AWARD.— (3) support crew exploration vehicle dock- isting programs, includng Challenger Learning ing and automated docking of cargo vehicles Centers— (1) RECOMMENDATION.—These awards shall be made based on the recommendation of the Minor or modules launched by either heavy-lift or (1) that utilize community-based partnerships Planet Center of the Smithsonian Astrophysical commercially-developed launch vehicles; and in the field; Observatory. (4) be operated at an appropriate risk level. (2) that build and maintain video conference (2) LIMITATION.—No individual who is not a (b) CONTINGENCY PLAN.—The transpor- and exhibit capacity; citizen or permanent resident of the United tation plan to support ISS shall include con- (3) that travel directly to rural communities States at the time of that individual’s discovery tingency options to ensure sufficient logis- and serve low-income populations; and or contribution may receive an award under this tics and on-orbit capabilities to support any (4) with a special emphasis on increasing the program. potential hiatus between Space Shuttle number of women and minorities in the science SEC. 152. GAO ASSESSMENT OF FEASIBILITY OF availability and follow-on crew and cargo and engineering professions. MOON AND MARS EXPLORATION MIS- systems, and provide sufficient pre-posi- SEC. 146. INSTITUTIONS IN NASA’S MINORITY IN- SIONS. tioning of spares and other supplies needed STITUTIONS PROGRAM. Within 9 months after the date of enactment to accommodate any such hiatus. The matter appearing under the heading of this Act, the Comptroller General shall trans- (c) CERTIFICATION.—Within ø180¿ 60 days ‘‘SMALL AND DISADVANTAGED BUSINESS’’ in title mit to the Senate Committee on Commerce, after the date of enactment of this Act, and III of the Departments of Veterans Affairs and Science, and Transportation and the House of before making any change in the ISS assem- House and Urban Development, and Inde- Representatives Committee on Science an assess- bly sequence in effect on the date of enact- pendent Agencies Appropriations Act, 1990 (42 ment of the feasibility of NASA’s planning for ment of this Act, the Administrator shall U.S.C. 2473b; 103 Stat. 863) is amended by strik- exploration of the Moon and Mars, giving spe- certify in writing to the Senate Committee ing ‘‘Historically Black Colleges and Univer- cial consideration to the long-term cost implica- on Commerce, Science, and Transportation sities and’’ and inserting ‘‘Historically Black tions of program architecture and schedules. and the House of Representatives Committee on Science NASA’s plan to meet the require- Colleges and Universities that are part B insti- Subtitle C—Limitations and Special ments of subsections (a) and (b). tutions (as defined in section 322(2) of the High- Authority er Education Act of 1965 (20 U.S.C. 1061(2))), (d) COST LIMITATION FOR THE ISS.—Within Hispanic-serving institutions (as defined in sec- SEC. 161. OFFICIAL REPRESENTATIONAL FUND. 6 months after the date of enactment of this tion 502(a)(5) of that Act (20 U.S.C. 1101a(a)(5)), Amounts appropriated pursuant to para- Act, the Administrator shall submit to the Tribal Colleges or Universities (as defined in graphs (1) and (2) of section 101 may be used, Congress information pertaining to the im- section 316(b)(3) of that Act (20 U.S.C. but not to exceed $70,000, for official recep- pact of the Columbia accident and the imple- 1059c(b)(3)), Alaskan Native-serving institutions tion and representation expenses. mentation of full cost accounting on the de- (as defined in section 317(b)(2) of that Act (20 SEC. 162. FACILITIES MANAGEMENT. velopment costs of the International Space U.S.C. 1059d)(b)(2)), Native Hawaiian-serving (a) IN GENERAL.—Notwithstanding any Station. The Administrator shall also iden- institutions (as defined in section 317(b)(4) of other provision of law, the Administrator tify any statutory changes needed to section that Act (20 U.S.C. 1059d(b)(4)), and’’. may convey, by sale, lease, exchange, or oth- 202 of the NASA Authorization Act of 2000 to SEC. 147. AVIATION SAFETY PROGRAM. erwise, including through leaseback arrange- address those impacts. ments, real and related personal property The Administrator shall make available upon SEC. 202. RESEARCH AND SUPPORT CAPABILI- under the custody and control of the Admin- TIES ON INTERNATIONAL SPACE request satellite imagery of remote terrain to the istration, or interests therein, and retain the STATION. Administrator of the Federal Aviation Adminis- net proceeds of such dispositions in an ac- (a) IN GENERAL.—The Administrator tration, or the Director of the Five Star Medal- count within NASA’s working capital fund shall— lion Program, for aviation safety and aerial to be used for NASA’s real property capital (1) within 60 days after the date of enact- photography programs to assist and train pilots needs. All net proceeds realized under this ment of this Act, provide an assessment of in navigating challenging topographical fea- section shall be obligated or expended only biomedical and life science research planned tures of such terrain. as authorized by appropriations Acts. To aid for implementation aboard the ISS that in- SEC. 148. ATMOSPHERIC, GEOPHYSICAL, AND in the use of this authority, NASA shall de- cludes the identification of research which ROCKET RESEARCH AUTHORIZA- velop a facilities investment plan that takes can be performed in ground-based facilities TION. into account uniqueness, mission depend- and then, if appropriate, validated in space There are authorized to be appropriated to the ency, and other studies required by this Act. to the Senate Committee on Commerce, Administrator for atmospheric, geophysical, or (b) APPLICATION OF OTHER LAW.—Sales Science, and Transportation and the House rocket research at the Poker Flat Research transactions under this section are subject of Representatives Committee on Science; Range and the Kodiak Launch Complex, not to section 501 of the McKinney-Vento Home- (2) ensure the capacity to support ground- more than $1,000,000 for each of fiscal years 2006 less Assistance Act (42 U.S.C. 11411). based research leading to spaceflight of sci- through 2010. (c) NOTICE OF REPROGRAMMING.—If any entific research in a variety of disciplines SEC. 149. ORBITAL DEBRIS. funds authorized by this Act are subject to a with potential direct national benefits and The Administrator, in conjunction with the reprogramming action that requires notice applications that can advance significantly heads of other Federal agencies, shall take steps to be provided to the Appropriations Com- from the uniqueness of micro-gravity; to develop or acquire technologies that will en- mittees of the House of Representatives and (3) restore and protect such potential ISS able NASA to decrease the risks associated with the Senate, notice of such action shall con- research activities as molecular crystal orbital debris. currently be provided to the House of Rep- growth, animal research, basic fluid physics,

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE S10618 CONGRESSIONAL RECORD — SENATE September 28, 2005 combustion research, cellular biotechnology, (7) detailed outline of actions and timeline tion against orbital debris strikes that offers low temperature physics, and cellular re- necessary to implement and initiate oper- a high level of safety; search at a level which will sustain the exist- ations of the laboratory. (8) development risk areas; ing scientific expertise and research capa- (d) U.S. SEGMENT DEFINED.—In this section (9) the schedule and cost; bilities until such time as additional funding the term ‘‘United States Segment of the (10) the relationship between crew and or resources from sources other than NASA ISS’’ means those elements of the ISS manu- cargo capabilities; and can be identified to support these activities factured— (11) the ability to reduce risk through the within the framework of the National Lab- (1) by the United States; or use of currently qualified hardware. oratory provided for in section 203 of this (2) for the United States by other nations SEC. 302. SPACE SHUTTLE TRANSITION. Act; and in exchange for funds or launch services. (a) IN GENERAL.—In order to ensure contin- (4) within 1 year after the date of enact- SEC. 204. COMMERCIAL SUPPORT OF INTER- uous human access to space, the Adminis- ment of this Act, develop a research plan NATIONAL SPACE STATION OPER- trator may not retire the Space Shuttle or- that will demonstrate the process by which ATIONS AND UTILIZATION. biter until a replacement human-rated NASA will evolve the ISS research portfolio The Administrator shall purchase commer- spacecraft system has demonstrated that it in a manner consistent with the planned cial services for support of the ISS for cargo can take humans into Earth orbit and return ø ¿ growth and evolution of ISS on-orbit and and other needs needs, and for enhancement them safely, except as may be provided by transportation capabilities. of the capabilities of the ISS, to the maximum law enacted after the date of enactment of (b) MAINTENANCE OF ON-ORBIT ANALYTICAL extent possible, in accordance with Federal this Act. The Administrator shall conduct CAPABILITIES.—The Administrator shall en- procurement law. the transition from the Space Shuttle or- sure that on-orbit analytical capabilities to SEC. 205. USE OF THE INTERNATIONAL SPACE biter to a replacement capability in a man- support diagnostic human research, as well STATION AND ANNUAL REPORT. ner that uses the personnel, capabilities, as- as on-orbit characterization of molecular (a) POLICY.—It is the policy of the United sets, and infrastructure of the current Space crystal growth, cellular research, and other States— Shuttle program to the maximum extent fea- research products and results are developed (1) to ensure diverse and growing utiliza- sible. and maintained, as an alternative to Earth- tion of benefits from the ISS; and (b) REPORT.—After providing the informa- based analysis requiring the capability of re- (2) to increase commercial operations in tion required by section 301 to the Commit- turning research products to Earth. low-Earth orbit and beyond that are sup- (c) ASSESSMENT OF POTENTIAL SCIENTIFIC tees, the Administrator shall transmit a reported by national and commercial space port to the Senate Committee on Commerce, USES.—The Administrator shall assess fur- transportation capabilities. ther potential possible scientific uses of the Science, and Transportation and the House (b) USE OF INTERNATIONAL SPACE STA- ISS for other applications, such as tech- of Representatives Committee on Science TION.—The Administrator shall conduct containing a detailed and comprehensive nology development, development of manu- broadly focused scientific and exploration re- facturing processes, Earth observation and Space Shuttle transition plan that includes search and development activities using the characterization, and astronomical observa- any necessary recertification, including re- ISS in a manner consistent with the provi- tions. quirements, assumptions, and milestones, in sions of this title, and advance the Nation’s (d) TRANSITION TO PUBLIC-PRIVATE RE- order to utilize the Space Shuttle orbiter be- exploration of the Moon and beyond, using SEARCH OPERATIONS.—By no later than the yond calendar year 2010. date on which the assembly of the ISS is the ISS as a test-bed and outpost for oper- (c) CONTRACT TERMINATIONS; VENDOR RE- complete (as determined by the Adminis- ations, engineering, and scientific research. PLACEMENTS.—The Administrator may not trator), the Administrator shall initiate (c) REPORTS.—No later than March 31 of terminate any contracts nor replace any steps to transition research operations on each year the Administrator shall submit a vendors associated with the Space Shuttle the ISS to a greater private–public operating report to the Senate Committee on Com- until the Administrator transmits the report relationship pursuant to section 203 of this merce, Science, and Transportation and the required by subsection (b) to the Commit- Act. House of Representatives Committee on tees. Science on the use of the ISS for these pur- SEC. 203. NATIONAL LABORATORY STATUS FOR SEC. 303. COMMERCIAL LAUNCH VEHICLES. poses, with implementation milestones and INTERNATIONAL SPACE STATION. It is the sense of Congress that the Admin- associated results. (a) IN GENERAL.—In order to accomplish istrator should use current and emerging the objectives listed in section 202, the TITLE III—NATIONAL SPACE commercial launch vehicles to fulfill appro- United States segment of the ISS is hereby TRANSPORTATION POLICY priate mission needs, including the support designated a national laboratory facility. SEC. 301. UNITED STATES HUMAN-RATED of low-Earth orbit and lunar exploration op- The Administrator, after consultation with LAUNCH CAPACITY ASSESSMENT. erations. the Director of the Office of Science and Notwithstanding any other provision of SEC. 304. SECONDARY PAYLOAD CAPABILITY. Technology Policy, shall develop the na- law, the Administrator shall, within 60 days tional laboratory facility to oversee sci- In order to help develop a cadre of experi- after the date of enactment of this Act, pro- enced engineers and to provide more routine entific utilization of an ISS national labora- vide to the Senate Committee on Commerce, tory within the organizational structure of and affordable access to space, the Adminis- Science, and Transportation and the House NASA. trator shall provide the capabilities to sup- of Representatives Committee on Science, a (b) NATIONAL LABORATORY FUNCTIONS.—The port secondary payloads on United States Administrator shall seek to use the national full description of the transportation re- launch vehicles, including free flyers, for laboratory to increase the utilization of the quirements needed to support the space satellites or scientific payloads weighing less ISS by other national and commercial users launch and transportation transition imple- than 500 kilograms. and to maximize available NASA funding for mentation plan required by section 136 of this Act, as well as for the ISS, including— TITLE IV—ENABLING COMMERCIAL research through partnerships, cost-sharing ACTIVITY agreements, and arrangements with non- (1) the manner in which the capabilities of NASA entities. any proposed human-rated crew and launch SEC. 401. COMMERCIALIZATION PLAN. (c) IMPLEMENTATION PLAN.—Within 1 year vehicles meet the requirements of the imple- (a) IN GENERAL.—The Administrator, in after the date of enactment of this Act, the mentation plan under section 136 of this Act; consultation with the Associate Adminis- Administrator shall provide an implementa- (2) a retention plan of skilled personnel trator for Space Transportation of the Fed- tion plan to the Senate Committee on Com- from the legacy Shuttle program which will eral Aviation Administration, the Director merce, Science, and Transportation and the sustain the level of safety for that program of the Office of Space Commercialization of House of Representatives Committee on through the final flight and transition plan the Department of Commerce, and any other Science for establishment of the ISS na- that will ensure that any NASA programs relevant agencies, shall develop a commer- tional laboratory facility which, at a min- can utilize the human capital resources of cialization plan to support the human mis- imum, shall include— the Shuttle program, to the maximum ex- sions to the Moon and Mars, to support Low- (1) proposed on-orbit laboratory functions; tent practicable; Earth Orbit activities and Earth science mis- (2) proposed ground-based laboratory fa- (3) the implications for and impact on the sion and applications, and to transfer science cilities; Nation’s aerospace industrial base; research and technology to society. The plan (3) detailed laboratory management struc- (4) the manner in which the proposed vehi- shall identify opportunities for the private ture, concept of operations, and operational cles contribute to a national mixed fleet sector to participate in the future missions feasibility; launch and flight capacity; and activities, including opportunities for (4) detailed plans for integration and con- (5) the nature and timing of the transition partnership between NASA and the private duct of ground and space-based research op- from the Space Shuttle to the workforce, the sector in the development of technologies erations; proposed vehicles, and any related infra- and øservices.¿ services, shall emphasize the (5) description of funding and workforce restructure; utilization by NASA of advancements made by source requirements necessary to establish (6) support for ISS crew transportation, the private sector in space launch and orbital and operate the laboratory; ISS utilization, and lunar exploration archi- hardware, and shall include opportunities for (6) plans for accommodation of existing tecture; innovative collaborations between NASA and international partner research obligations (7) for any human rated vehicle, a crew es- the private sector under existing authorities of and commitments; and cape system, as well as substantial protec- NASA for reimbursable and non-reimbursable

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE September 28, 2005 CONGRESSIONAL RECORD — SENATE S10619 agreements under the National Aeronautics and dition to the utilization of any other author- ‘‘(ii) if the participating party fails to Space Act of 1958 (42 U.S.C. 2451 et seq.). ity of the Administrator to acquire, support, grant such a license, to grant the license (b) REPORT.—Within 180 days after the date or stimulate basic and applied research, itself. of enactment of this Act, the Administrator technology development, or prototype dem- ‘‘(C) The Government may exercise its shall submit a copy of the plan to the Senate onstration projects. right retained under subparagraph (B) only Committee on Commerce, Science, and ‘‘(f) AVAILABILITY OF FUNDS.—Funds appro- in exceptional circumstances and only if the Transportation and the House of Representa- priated for the program authorized by this Government determines that— tives Committee on Science. section shall remain available until ex- ‘‘(i) the action is necessary to meet health SEC. 402. AUTHORITY FOR COMPETITIVE PRIZE pended.’’. or safety needs that are not reasonably satis- PROGRAM TO ENCOURAGE DEVEL- SEC. 403. COMMERCIAL GOODS AND SERVICES. fied by the participating party; OPMENT OF ADVANCED SPACE AND ‘‘(ii) the action is necessary to meet re- AERONAUTICAL TECHNOLOGIES. It is the sense of the Congress that NASA Title III of the National Aeronautics and should purchase commercially available quirements for public use specified by Fed- Space Act of 1958 (42 U.S.C. 2451 et seq.) is space goods and services to the fullest extent eral regulations, and such requirements are amended by adding at the end the following: feasible in support of the human missions be- not reasonably satisfied by the participating ‘‘SEC. 316. PROGRAM ON COMPETITIVE AWARD yond Earth and should encourage commer- party; or OF PRIZES TO ENCOURAGE DEVEL- cial use and development of space to the ‘‘(iii) the action is necessary to comply OPMENT OF ADVANCED SPACE AND greatest extent practicable. with an agreement containing provisions de- AERONAUTICAL TECHNOLOGIES. TITLE V—MISCELLANEOUS scribed in section 12(c)(4)(B) of the Steven- ‘‘(a) PROGRAM AUTHORIZED.— ADMINISTRATIVE IMPROVEMENTS son-Wydler Technology Innovation Act of ‘‘(1) IN GENERAL.—The Administrator may 1980 (15 U.S.C. 3710a(c)(4)(B)). carry out a program to award prizes to stim- SEC. 501. EXTENSION OF INDEMNIFICATION AU- THORITY. ‘‘(4) APPEAL AND REVIEW OF DETERMINA- ulate innovation in basic and applied re- TION.—A determination under paragraph Section 309 of the National Aeronautics search, technology development, and proto- and Space Act of 1958 (42 U.S.C. 2458c) is (3)(C) is subject to administrative appeal and type demonstration that have the potential amended by striking ‘‘December 31, 2002’’ and judicial review under section 203(b) of title for application to the performance of the inserting ‘‘December 31, 2007’’, and by strik- 35, United States Code.’’. space and aeronautical activities of the Ad- ing ‘‘September 30, 2005’’ and inserting ‘‘De- SEC. 503. RETROCESSION OF JURISDICTION. ministration. cember 31, 2009’’. Title III of the National Aeronautics and ‘‘(2) USE OF PRIZE AUTHORITY.—In carrying Space Act of 1958, as amended by section 502 out the program, the Administrator shall SEC. 502. INTELLECTUAL PROPERTY PROVI- SIONS. of this Act, is further amended by adding at seek to develop and support technologies and Section 305 of the National Aeronautics the end the following: areas identified in section 134 of this Act or and Space Act of ø1958, as amended (42 U.S.C. ‘‘SEC. 317. RETROCESSION OF JURISDICTION. other areas that the Administrator deter- 2457 et seq.),¿ 1958 (42 U.S.C. 2457) is amended ‘‘Notwithstanding any other provision of mines to be providing impetus to NASA’s by inserting after subsection (f) the fol- law, the Administrator may, whenever the overall exploration and science architecture lowing: Administrator considers it desirable, relin- and plans, such as private efforts to detect ‘‘(g) ASSIGNMENT OF PATENT RIGHTS, ETC.— quish to a State all or part of the legislative near Earth objects and, where practicable, ‘‘(1) IN GENERAL.—Under agreements en- jurisdiction of the United States over lands utilize the prize winner’s technologies in ful- tered into pursuant to paragraph (5) or (6) of or interests under the Administrator’s con- filling NASA’s missions. The Administrator section 203(c) of this Act (42 U.S.C. 2473(c)(5) trol in that State. Relinquishment of legisla- shall widely advertise any competitions con- or (6)), the Administrator may— tive jurisdiction under this section may be ducted under the program and must include ‘‘(A) grant or agree to grant in advance to accomplished (1) by filing with the Governor advertising to research universities. a participating party, patent licenses or as- of the State concerned a notice of relinquish- ‘‘(3) COORDINATION.—The program shall be signments, or options thereto, in any inven- ment to take effect upon acceptance thereof, implemented in compliance with section 138 tion made in whole or in part by an Adminis- or (2) as the laws of the State may otherwise of the National Aeronautics and Space Ad- tration employee under the agreement; or provide.’’. ministration Authorization Act of 2005. ‘‘(B) subject to section 209 of title 35, grant SEC. 504. RECOVERY AND DISPOSITION AUTHOR- ‘‘(b) PROGRAM REQUIREMENTS.— a license to an invention which is Federally ITY. ‘‘(1) COMPETITIVE PROCESS.—Recipients of Title III of the National Aeronautics and prizes under the program under this section owned, for which a patent application was Space Act of 1958, as amended by section 603 shall be selected through one or more com- filed before the signing of the agreement, of this Act, is further amended by adding at petitions conducted by the Administrator. and directly within the scope of the work under the agreement, for reasonable com- the end the following: ‘‘(2) ADVERTISING.—The Administrator shall widely advertise any competitions con- pensation when appropriate. ‘‘SEC. 318. RECOVERY AND DISPOSITION AUTHOR- XCLUSIVITY.—The Administrator ITY. ducted under the program. ‘‘(2) E ‘‘(c) REGISTRATION; ASSUMPTION OF RISK.— shall ensure, through such agreement, that ‘‘(a) IN GENERAL.— ‘‘(1) REGISTRATION.—Each potential recipi- the participating party has the option to ‘‘(1) CONTROL OF REMAINS.—Subject to para- ent of a prize in a competition under the pro- choose an exclusive license for a pre-nego- graph (2), when there is an accident or mis- gram under this section shall register for the tiated field of use for any such invention hap resulting in the death of a crewmember competition. under the agreement or, if there is more of a NASA human space flight vehicle, the ‘‘(2) ASSUMPTION OF RISK.—In registering than 1 participating party, that the partici- Administrator may take control over the re- for a competition under paragraph (1), a po- pating parties are offered the option to hold mains of the crewmember and order autop- tential recipient of a prize shall assume any licensing rights that collectively encompass sies and other scientific or medical tests. and all risks, and waive claims against the the rights that would be held under such an ‘‘(2) TREATMENT.—Each crewmember shall United States Government and its related exclusive license by one party. provide the Administrator with his or her entities, for any injury, death, damage, or ‘‘(3) CONDITIONS.—In consideration for the preferences regarding the treatment ac- loss of property, revenue, or profits, whether Government’s contribution under the agree- corded to his or her remains and the Admin- direct, indirect, or consequential, arising ment, grants under this subsection shall be istrator shall, to the extent possible, respect from participation in the competition, subject to the following explicit conditions: those stated preferences. whether such injury, death, damage, or loss ‘‘(A) A nonexclusive, nontransferable, ir- ‘‘(b) DEFINITIONS.—In this section: arises through negligence or otherwise, ex- revocable, paid-up license from the partici- ‘‘(1) CREWMEMBER.—The term ‘crew- cept in the case of willful misconduct. pating party to the Administration to prac- member’ means an astronaut or other person ‘‘(3) RELATED ENTITY DEFINED.—In this sub- tice the invention or have the invention assigned to a NASA human space flight vehi- section, the term ‘related entity’ includes a practiced throughout the world by or on be- cle. contractor or subcontractor at any tier, a half of the Government. In the exercise of ‘‘(2) NASA HUMAN SPACE FLIGHT VEHICLE.— supplier, user, customer, cooperating party, such license, the Government shall not pub- The term ‘NASA human space flight vehicle’ grantee, investigator, or detailee. licly disclose trade secrets or commercial or means a space vehicle, as defined in section ‘‘(d) LIMITATIONS.— financial information that is privileged or 308(f)(1), that— ‘‘(1) TOTAL AMOUNT.—The total amount of confidential within the meaning of section ‘‘(A) is intended to transport 1 or more per- cash prizes available for award in competi- 552 (b)(4) of title 5, United States Code, or sons; tions under the program under this section which would be considered as such if it had ‘‘(B) designed to operate in outer space; in any fiscal year may not exceed $50,000,000. been obtained from a non-Federal party. and ‘‘(2) APPROVAL REQUIRED FOR LARGE ‘‘(B) If the Administration assigns title or ‘‘(C) is either owned by NASA, or owned by PRIZES.—No competition under the program grants an exclusive license to such an inven- a NASA contractor or cooperating party and may result in the award of more than tion, the Government shall retain the right— operated as part of a NASA mission or a $1,000,000 in cash prizes without the approval ‘‘(i) to require the participating party to joint mission with NASA.’’. of the Administrator or a designee of the Ad- grant to a responsible applicant a nonexclu- SEC. 505. REQUIREMENT FOR INDEPENDENT ministrator. sive, partially exclusive, or exclusive license COST ANALYSIS. ‘‘(e) RELATIONSHIP TO OTHER AUTHORITY.— to use the invention in the applicant’s li- Section 301 of the National Aeronautics The Administrator may utilize the authority censed field of use, on terms that are reason- and Space Administration Authorization Act in this section in conjunction with or in ad- able under the circumstances; or of 2000 (42 U.S.C. 2459g) amended—

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE S10620 CONGRESSIONAL RECORD — SENATE September 28, 2005 (1) by striking ‘‘Phase B’’ in subsection (a) days. If the solicitation applying to that no- (1) Section 201 of the National Aeronautics and inserting ‘‘implementation’’; tice is accessible electronically in accord- and Space Administration Authorization Act ø(2) by striking ‘‘$150,000,000’’ in subsection ance with subsection (d) simultaneously with of 2000 (42 U.S.C. 2451 note). (a) and inserting ‘‘$250,.000,000’’;¿ issuance of the notice, the wait period set (2) Section 304(d) of the Federal Aviation ø(3)¿ (2) by striking ‘‘Chief Financial Offi- forth in section 8(e)(3)(A) of the Small Busi- Administration Research, Engineering, and cer’’ each place it appears in subsection (a) ness Act (15 U.S.C. 637(e)(3)(A)) and section Development Authorization Act of 1992 (49 and inserting ‘‘Administrator’’; 18(a)(3)(A) of the Office of Federal Procure- U.S.C. 47508 note). ø(4)¿ (3) by inserting ‘‘and consider’’ in sub- ment Policy Act (41 U.S.C. 416(a)(3)(A)) shall (3) Section 323 of the National Aeronautics section (a) after ‘‘shall conduct’’; and not apply and the period specified in section and Space Administration Authorization Act ø(5)¿ (4) by striking subsection (b) and in- 8(e)(3)(B) of the Small Business Act and sec- of 2000. serting the following: tion 18(a)(3)(B) of the Office of Federal Pro- (b) AMENDMENTS.— ‘‘(b) IMPLEMENTATION DEFINED.—In this curement Policy Act for submission of bids (1) Section 315 of the National Aeronautics section, the term ‘implementation’ means or proposals shall begin to run from the date and Space Administration Act of 1958 (42 all activity in the life cycle of a program or the solicitation is electronically accessible. U.S.C. 2459j) is amended by striking sub- project after preliminary design, inde- ‘‘(2) When a notice and solicitation are section (a) and redesignating subsections (b) pendent assessment of the preliminary de- made accessible simultaneously and the wait through (f) as subsections (a) through (e). sign, and approval to proceed into implemen- period is waived pursuant to paragraph (1), (2) Section 315(a) of the National Aero- tation, including critical design, develop- the deadline for the submission of bids or nautics and Space Administration Author- ment, certification, launch, operations, dis- proposals shall be not less than 5 days great- ization Act, Fiscal Year 1993 (42 U.S.C. posal of assets, and, for technology pro- er than the minimum deadline set forth in 2487a(c)) is amended by striking subsection grams, development, testing, analysis and section 8(e)(3)(B) of the Small Business Act (c) and redesignating subsection (d) as sub- communication of the results to the cus- (15 U.S.C. 637(e)(3)(B)) and section 18(a)(3)(B) section (c). tomers.’’. of the Office of Federal Procurement Policy f SEC. 506. ELECTRONIC ACCESS TO BUSINESS OP- Act (41 U.S.C. 416(a)(3)(B)). PORTUNITIES. ‘‘(f) IMPLEMENTATION.— VETERANS’ BENEFITS Title III of the National Aeronautics and ‘‘(1) Nothing in this section shall be con- IMPROVEMENT ACT OF 2005 Space Act of 1958, as amended by section 604 strued as modifying regulatory requirements of this Act, is further amended by adding at set forth in the Federal Acquisition Regula- Mr. GRASSLEY. Mr. President, I ask the end the following: tion, except with respect to— unanimous consent that the Senate ‘‘SEC. 319. ELECTRONIC ACCESS TO BUSINESS OP- ‘‘(A) the applicable wait period between proceed to the immediate consider- PORTUNITIES. publication of notice of a proposed contract ation of Calendar 218, S. 1235. ‘‘(a) IN GENERAL.—The Administrator may action and release of the solicitation; and The PRESIDING OFFICER. The implement a pilot program providing for re- ‘‘(B) the deadline for submission of bids or clerk will report the bill by title. duction in the waiting period between publi- proposals for procurements conducted in accordance with the terms of this pilot pro- The assistant legislative clerk read cation of notice of a proposed contract ac- as follows: tion and release of the solicitation for program. curements conducted by the National Aero- ‘‘(2) This section shall not apply to the ex- A bill (S. 1235) to amend chapters 19 and 37 nautics and Space Administration. tent the President determines it is incon- of title 38, United States Code, to extend the ‘‘(b) APPLICABILITY.—The program imple- sistent with any international agreement to availability of $400,000 in coverage under the mented under subsection (a) shall apply to which the United States is a party. servicemembers’ life insurance and veterans’ non-commercial acquisitions— ‘‘(g) STUDY.—Within 18 months after the ef- group life insurance programs, and for other ‘‘(1) with a total value in excess of $100,000 fective date of the program, NASA, in co- purposes. but not more than $5,000,000, including op- ordination with the Small Business Adminis- There being no objection, the Senate tions; tration, the General Services Administra- proceeded to consider the bill which ‘‘(2) that do not involve bundling of con- tion, and the Office of Management and Budget, shall evaluate the impact of the had been reported from the Committee tract requirements as defined in section 3(o) on Veterans’ Affairs with an amend- of the Small Business Act (15 U.S.C. 632(o)); pilot program and submit to Congress a re- and port that— ment. ‘‘(3) for which a notice is required by sec- ‘‘(1) sets forth in detail the results of the (Strike the part shown in black tion 8(e) of the Small Business Act (15 U.S.C. test, including the impact on competition brackets and insert the part shown in 637(e)) and section 18(a) of the Office of Fed- and small business participation; and italic.) ‘‘(2) addresses whether the pilot program eral Procurement Policy Act (41 U.S.C. S. 1235 416(a)). should be made permanent, continued as a Be it enacted by the Senate and House of Rep- ‘‘(c) NOTICE.— test program, or allowed to expire. resentatives of the United States of America in ‘‘(1) Notice of acquisitions subject to the ‘‘(h) REGULATIONS.—The Administrator Congress assembled, program authorized by this section shall be shall publish proposed revisions to the NASA ø made accessible through the single Govern- Federal Acquisition Regulation Supplement SECTION 1. SHORT TITLE. ment-wide point of entry designated in the necessary to implement this section in the øThis Act may be cited as the ‘‘Veterans’ Federal Acquisition Regulation, consistent Federal Register not later than 120 days Benefits Improvement Act of 2005’’. with section 30(c)(4) of the Office of Federal after the date of enactment of the National øSEC. 2. GROUP LIFE INSURANCE. Procurement Policy Act (41 U.S.C. 426(c)(4)). Aeronautics and Space Administration Au- ø(a) SERVICEMEMBERS’ GROUP LIFE INSUR- ‘‘(2) Providing access to notice in accord- thorization Act of 2005. The Administrator ANCE.—Section 1967 of title 38, United States ance with paragraph (1) satisfies the publica- shall— Code, as in effect on October 1, 2005, is tion requirements of section 8(e) of the ‘‘(1) make the proposed regulations avail- amended— Small Business Act (15 U.S.C. 637(e)) and sec- able for public comment for a period of not ø(1) in subsection (a)— tion 18(a) of the Office of Federal Procure- less than 60 days; and ø(A) in paragraph (2), by adding at the end ment Policy Act (41 U.S.C. 416(a)). ‘‘(2) publish final regulations in the Fed- the following: ‘‘(d) SOLICITATION.—Solicitations subject eral Register not later than 240 days after ø‘‘(C) With respect to a policy of insurance to the program authorized by this section the date of enactment of that Act. covering an insured member, the Secretary shall be made accessible through the Govern- ‘‘(i) EFFECTIVE DATE.— of Defense shall make a good-faith effort to ment-wide point of entry, consistent with re- ‘‘(1) IN GENERAL.—The pilot program au- notify the spouse of a member if the member quirements set forth in the Federal Acquisi- thorized by this section shall take effect on elects, at any time, to— tion Regulation, except for adjustments to the date specified in the final regulations ø‘‘(i) reduce amounts of insurance coverage the wait periods as provided in subsection promulgated pursuant to subsection (h)(2). of an insured member; or (e). ‘‘(2) LIMITATION.—The date so specified ø‘‘(ii) name a beneficiary other than the in- ‘‘(e) WAIT PERIOD.— shall be no less than 30 days after the date on sured member’s spouse. ‘‘(1) Whenever a notice required by section which the final regulation is published. ø‘‘(D) The failure of the Secretary of De- 8(e)(1)(A) of the Small Business Act (15 ‘‘(j) EXPIRATION OF AUTHORITY.—The au- fense to provide timely notification under U.S.C. 637(e)(1)(A)) and section 18(a) of the thority to conduct the pilot program under subparagraph (C) shall not affect the validity Office of Federal Procurement Policy Act (41 subsection (a) and to award contracts under of an election by the member. U.S.C. 416(a)) is made accessible in accord- such program shall expire 2 years after the ø‘‘(E) If a servicemember marries or remar- ance with subsection (c) of this section, the effective date established in the final regula- ries after making an election under subpara- wait period set forth in section 8(e)(3)(A) of tions published in the Federal Register under graph (C), the Secretary of Defense is not re- the Small Business Act (15 U.S.C. subsection (h)(2).’’. quired to notify the spouse of such election. 637(e)(3)(A)) and section 18(a)(3)(A) of the Of- SEC. 507. REPORTS ELIMINATION. Elections made after marriage or remarriage fice of Federal Procurement Policy Act (41 (a) REPEALS.—The following provisions of are subject to the notice requirement under U.S.C. 416(a)(3)(A)), shall be reduced by 5 law are repealed: subparagraph (C).’’; and

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE September 28, 2005 CONGRESSIONAL RECORD — SENATE S10621 ø(B) in paragraph (3)— ‘‘(E) If an unmarried member marries after (B) in paragraph (1)— ø(i) in subparagraph (A), by striking clause having made one or more elections to reduce or (i) in the first sentence, by striking ‘‘para- (i) and inserting the following: decline insurance coverage or to name bene- graph (1), (2), or (3)’’ and inserting ‘‘subpara- ø‘‘(i) In the case of a member, $400,000.’’; ficiaries, the Secretary concerned is not required graph (A), (B), (C), or (D) of paragraph (2)’’; and to notify the spouse of such marriage of such and ø(ii) in subparagraph (B), by striking elections. Elections made after such marriage (ii) in the second sentence, by striking ‘‘the ‘‘member or spouse’’ and inserting ‘‘member, are subject to the notice requirements under second sentence’’ and inserting ‘‘paragraph be evenly divisible by $50,000 and, in the case subparagraph (C).’’; and (3)’’; and of a member’s spouse’’; and (B) in paragraph (3)— (C) in paragraph (2)— ø(2) in subsection (d), by striking ‘‘$250,000’’ (i) in subparagraph (A), by striking clause (i) (i) in the first sentence, by striking ‘‘para- and inserting ‘‘$400,000’’. and inserting the following: graph (1)’’ and inserting ‘‘paragraph (2)’’; and ø(b) DURATION OF COVERAGE.—Section ‘‘(i) In the case of a member, $400,000.’’; and (ii) in the second sentence, by striking ‘‘para- 1968(a) of title 38, United States Code, is (ii) in subparagraph (B), by striking ‘‘member graph (2)’’ and inserting ‘‘paragraph (3)’’; and amended— or spouse’’ and inserting ‘‘member, be evenly di- (3) in subsection (a)(3), by striking ‘‘sub- ø(1) in paragraph (1)(A), by striking ‘‘one visible by $50,000 and, in the case of a member’s section (c)’’ in the matter preceding subpara- year’’ and inserting ‘‘2 years’’; and spouse’’; and graph (A) and inserting ‘‘subsection (d)’’. ø(2) in paragraph (4), by striking ‘‘one (2) in subsection (d), by striking ‘‘$250,000’’ (b) EFFECTIVE DATE.—The amendments made year’’ and inserting ‘‘2 years’’. and inserting ‘‘$400,000’’. by subsection (a) shall take effect immediately ø(c) VETERANS’ GROUP LIFE INSURANCE.— (b) DURATION OF COVERAGE.—Section 1968(a) after the enactment of the Veterans Benefits Im- Section 1977(a) of title 38, United States of title 38, United States Code, is amended— provement Act of 2004 (Public Law 108–454). Code, as in effect on October 1, 2005, is (1) in paragraph (1)(A), by striking ‘‘one SEC. 203. PERMANENT AUTHORITY FOR HOUSING amended by striking ‘‘$250,000’’ each place it year’’ and inserting ‘‘2 years’’; and LOANS FOR NATIVE AMERICAN VET- appears and inserting ‘‘$400,000’’. (2) in paragraph (4), by striking ‘‘one year’’ ERANS. (a) PERMANENT AUTHORITY.—Section 3761 of øSEC. 3. ADJUSTABLE RATE MORTGAGES. and inserting ‘‘2 years’’. (c) VETERANS’ GROUP LIFE INSURANCE.—Sec- title 38, United States Code, is amended to read øSection 3707(c)(4) of title 38, United States tion 1977(a) of title 38, United States Code, is as follows: Code, is amended by striking ‘‘1 percentage amended by striking ‘‘$250,000’’ each place it appoint’’ and inserting ‘‘such percentage as the ‘‘§ 3761. Authority for housing loans for Native pears and inserting ‘‘$400,000’’. Secretary may prescribe’’. American veterans (d) CONSTRUCTION OF CERTAIN OTHER AMEND- øSEC. 4. EFFECTIVE DATE. ‘‘(a) The Secretary shall make direct housing MENTS.—Notwithstanding subsection (h) of sec- ø loans to Native American veterans in accord- The amendments made by this Act shall tion 1012 of Public Law 109–13, the amendments take effect on October 1, 2005, immediately ance with the provisions of this subchapter. made by subsections (a)(1), (c), (d), (e)(2), (f), ‘‘(b) The purpose of loans under this sub- after the execution of section 1012(i) of Pub- and (g) of such section shall not go into effect ¿ chapter is to permit Native American veterans to lic Law 109–13. on September 1, 2005, as otherwise provided by SECTION 1. SHORT TITLE; TABLE OF CONTENTS. purchase, construct, or improve dwellings on such subsection (h), and shall not be treated for trust land.’’. (a) SHORT TITLE.—This Act may be cited as any purposes as having gone into effect on that (b) CONFORMING AMENDMENTS.—Section 3762 the ‘‘Veterans Benefits Improvement Act of date. of such title is amended— 2005’’. (e) EFFECTIVE DATE.—(1) The amendments (1) in subsection (a), by inserting ‘‘under this (b) TABLE OF CONTENTS.—The table of con- made by subsection (a) of this section shall take tents for this Act is as follows: subchapter’’ after ‘‘Native American veteran’’ in effect on September 1, 2005. the matter preceding paragraph (1); Sec. 1. Short title; table of contents. (2) The amendments made by subsections (b) (2) in subsection (b)(1)(E), by striking ‘‘in TITLE I—INSURANCE MATTERS and (c) of this section shall take effect on Octo- order to ensure’’ and all that follows and insert- Sec. 101. Group Life Insurance. ber 1, 2005, immediately after the execution of ing a period; Sec. 102. Treatment of stillborn children as in- section 1012(i) of Public Law 109–13. (3) in subsection (c)(1)(B), by striking ‘‘shall surable dependents under (3) If the date of the enactment of this Act oc- be the amount’’ and all that follows in the sec- Servicemembers’ Group Life In- curs after September 1, 2005, and before October ond sentence and inserting ‘‘shall be such surance program. 1, 2005, the provisions of paragraph (2) of sec- amount as the Secretary considers appropriate tion 1967(a) of title 38, United States Code, TITLE II—HOUSING MATTERS for the purpose of this subchapter.’’; shall, for purposes of the execution of the (4) in subsection (d)(1), by striking the second Sec. 201. Adjustable rate mortgages. amendments made by subsection (a) of this sec- Sec. 202. Technical corrections to Veterans Ben- sentence; tion, be such provisions as in effect on May 10, (5) in subsection (i)— efits Improvement Act of 2004. 2005, the day before the date of the enactment of (A) in paragraph (1), by striking ‘‘of the pilot Sec. 203. Permanent authority for housing Public Law 109–13. loans for Native American vet- program’’ and all that follows and inserting ‘‘of erans. SEC. 102. TREATMENT OF STILLBORN CHILDREN the availability of direct housing loans for Na- AS INSURABLE DEPENDENTS UNDER tive American veterans under this subchapter.’’; TITLE III—OTHER MATTERS SERVICEMEMBERS’ GROUP LIFE IN- and Sec. 301. Annual plan on outreach activities. SURANCE PROGRAM. (B) in paragraph (2)— Sec. 302. Extension of reporting requirements on (a) TREATMENT.—Section 1965(10) of title 38, (i) in subparagraph (A), by striking ‘‘under equitable relief cases. United States Code, is amended by adding at the the pilot program’’ and all that follows and in- Sec. 303. Inclusion of additional diseases and end the following new subparagraph: serting ‘‘under this subchapter’’; and conditions in diseases and disabil- ‘‘(C) The member’s stillborn child.’’. (ii) in subparagraph (E), by striking ‘‘in par- ities presumed to be associated (b) CONFORMING AMENDMENT.—Section ticipating in the pilot program’’ and inserting with prisoner of war status. 101(4)(A) of such title is amended by striking ‘‘in participating in the making of direct loans Sec. 304. Post traumatic stress disorder claims. ‘‘section 1965(10)(B)’’ in the matter preceding under this subchapter’’; and TITLE I—INSURANCE MATTERS clause (i) and inserting ‘‘subparagraph (B) or (6) by striking subsection (j). (C) of section 1965(10)’’. SEC. 101. GROUP LIFE INSURANCE. (c) CLERICAL AMENDMENTS.—(1) The heading (a) SERVICEMEMBERS’ GROUP LIFE INSUR- TITLE II—HOUSING MATTERS of subchapter V of chapter 37 of such title is ANCE.—Section 1967 of title 38, United States SEC. 201. ADJUSTABLE RATE MORTGAGES. amended to read as follows: Code, as in effect on October 1, 2005, is amend- Section 3707A(c)(4) of title 38, United States ‘‘Subchapter V—Housing Loans for Native ed— Code, is amended by striking ‘‘1 percentage American Veterans’’. (1) in subsection (a)— point’’ and inserting ‘‘such percentage as the (2) The table of contents for such chapter is (A) in paragraph (2), by adding at the end the Secretary may prescribe’’. amended— following: SEC. 202. TECHNICAL CORRECTIONS TO VET- (A) by striking the matter relating to the sub- ‘‘(C) With respect to a policy of insurance cov- ERANS BENEFITS IMPROVEMENT chapter heading of subchapter V and inserting ering an insured member, the Secretary con- ACT OF 2004. the following new item: cerned shall make a good-faith effort to notify (a) IN GENERAL.—Section 2101 of title 38, ‘‘SUBCHAPTER V—HOUSING LOANS FOR NATIVE the spouse of the member, at the last address of United States Code, as amended by section 401 AMERICAN VETERANS’’; the spouse in the records of the Secretary con- of the Veterans Benefits Improvement Act of and cerned, if the member elects, prior to discharge 2004 (Public Law 108–454), is further amended— (B) by striking the item relating to section from the military, naval, or air service, to— (1) by redesignating subsection (c) as sub- 3761 and inserting the following new item: ‘‘(i) reduce amounts of insurance coverage of section (d); ‘‘3761. Authority for housing loans for Native the member; or (2) by inserting after subsection (b) a new sub- ‘‘(ii) name a beneficiary other than the mem- section (c) consisting of the text of subsection (c) American veterans.’’. ber’s spouse or child. of such section 2101 as in effect immediately be- TITLE III—OTHER MATTERS ‘‘(D) The failure of the Secretary concerned to fore the enactment of such Act, modified— SEC. 301. ANNUAL PLAN ON OUTREACH ACTIVI- provide timely notification under subparagraph (A) by inserting after ‘‘(c)’’ the following: TIES. (C) shall not affect the validity of an election by ‘‘ASSISTANCE TO MEMBERS OF THE ARMED (a) ANNUAL PLAN REQUIRED.—Subchapter II a member. FORCES.—’’; of chapter 5 of title 38, United States Code, is

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00093 Fmt 0624 Sfmt 6333 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE S10622 CONGRESSIONAL RECORD — SENATE September 28, 2005 amended by inserting after section 523 the fol- ent for purposes of the Servicemembers’ wife Teresa, and I were so proud to lowing new section: Group Life Insurance program, to make have as a friend in our lives. ‘‘§ 523A. Annual plan on outreach activities technical corrections to the Veterans Bene- From her early days as a civil rights fits Improvement Act of 2004, to make per- ‘‘(a) ANNUAL PLAN REQUIRED.—The Secretary advocate, Sandy had an unshakeable manent a pilot program for direct housing shall prepare each year a plan for the outreach sense of justice and fairness. Sandy did loans for Native American veterans, and to activities of the Department for the following require an annual plan on outreach activities not just talk about helping teachers year. of the Department of Veterans Affairs.’’. and their students—she actually did it. ‘‘(b) ELEMENTS.—Each annual plan under Mr. GRASSLEY. I ask unanimous While her career spanned more than subsection (a) shall include the following: four decades, Sandy’s commitment ‘‘(1) Plans for efforts to identify veterans who consent that the committee-reported are not enrolled or registered with the Depart- substitute be agreed to, the bill, as grew out of her early work in the civil ment for benefits or services under the programs amended, be read a third time and rights movement. An advocate for civil administered by the Secretary. passed, the amendment to the title be rights and social justice, she was an ac- ‘‘(2) Plans for informing veterans and their agreed to, the motion to reconsider be tivist in the Freedom Rides and the dependents of modifications of the benefits and laid upon the table, and that any state- 1963 March on Washington for Jobs and services under the programs administered by the ments relating to the bill be printed in Freedom. It was her firsthand knowl- Secretary, including eligibility for medical and edge of the power of an excellent teach- the RECORD. nursing care and services. er that led Sandy to a lifetime of activ- ‘‘(c) COORDINATION IN DEVELOPMENT.—In de- The PRESIDING OFFICER. Without ism. Sandy understood the importance veloping an annual plan under subsection (a), objection, it is so ordered. the Secretary shall consult with the following: The committee amendment in the of quality public education and the ‘‘(1) Directors or other appropriate officials of nature of a substitute was agreed to. wealth of opportunities it can unleash for every student, regardless of who organizations approved by the Secretary under The bill (S. 1235), as amended, was section 5902 of this title. they are or where they’re from. read the third time and passed. ‘‘(2) Directors or other appropriate officials of ‘‘Created my future,’’ that is what State and local education and training pro- The title amendment was agreed to. Sandy always said about growing up in grams. f Brooklyn and the public schools and li- ‘‘(3) Representatives of non-governmental or- ASSISTANCE FOR INDIVIDUALS braries she spent her childhood in. ganizations that carry out veterans outreach Sandy’s commitment to education was programs. WITH DISABILITIES AFFECTED ‘‘(4) Representatives of State and local vet- BY HURRICANES KATRINA AND fueled by her childhood experiences erans employment organizations. RITA ACT OF 2005 and her dedication to bettering the ‘‘(5) Businesses and professional organiza- lives of students and teachers. Begin- tions. Mr. GRASSLEY. Mr. President, I ask ning as a second grade teacher, Sandy ‘‘(6) Other individuals and organizations that unanimous consent that the Senate quickly became a union activist when assist veterans in adjusting to civilian life. proceed to the immediate consider- she led the teachers at her elementary ‘‘(d) INCORPORATION OF ASSESSMENT OF PRE- ation of H.R. 3864 which was received school to organize. In 1986, Sandy be- VIOUS ANNUAL PLANS.—In developing an annual from the House. came president of AFT’s largest affil- plan under subsection (a), the Secretary shall The PRESIDING OFFICER. The iate, New York City’s United Federa- take into account the lessons learned from the clerk will report the bill by title. implementation of previous annual plans under tion of Teachers, UFT. During her such subsection. The assistant legislative clerk read years as UFT president and then since ‘‘(e) INCORPORATION OF RECOMMENDATIONS TO as follows: 1997 when she became president of the IMPROVE OUTREACH AND AWARENESS.—In devel- A bill (H.R. 3864) to assist individuals with AFT, Sandy earned the respect of oping an annual plan under subsection (a), the disabilities affected by Hurricanes Katrina Presidents, of her colleagues, and of Secretary shall incorporate the recommenda- or Rita through vocational rehabilitation many of us in Congress. tions for the improvement of veterans outreach services. Calling early childhood education and awareness activities included in the report There being no objection, the Senate ‘‘getting it right from the start,’’ submitted to Congress by the Secretary pursuant proceeded to consider the bill. Sandy consistently called for greater to section 805 of the Veterans Benefits Improve- ment Act of 2004 (Public Law 108–454).’’. Mr. GRASSLEY. Mr. President, I ask investment in public education and a (b) CLERICAL AMENDMENT.—The table of sec- unanimous consent that the bill be greater emphasis on high standards tions at the beginning of such chapter is amend- read a third time and passed, the mo- and increased accountability. Sandy’s ed by inserting after the item relating to section tion to reconsider be laid upon the focus on early childhood education led 523 the following new item: table, and that any statements relating her to introduce a program that would ‘‘523A. Annual plan on outreach activities.’’. to the bill be printed in the RECORD. provide extended learning opportuni- SEC. 302. EXTENSION OF REPORTING REQUIRE- The PRESIDING OFFICER. Without ties for disadvantaged students before MENTS ON EQUITABLE RELIEF objection, it is so ordered. and after the normal kindergarten CASES. The bill (H.R. 3864) was read the third school year. Within a few years, Section 503(c) of title 38, United States Code, time and passed. Sandy’s program, Kindergarten-Plus, is amended by striking ‘‘December 31, 2004’’ and inserting ‘‘December 31, 2009’’. f had been introduced as Federal legislation, passed or considered in several SEC. 303. INCLUSION OF ADDITIONAL DISEASES AND CONDITIONS IN DISEASES AND HONORING THE LIFE OF SANDRA State legislatures, and passed into law DISABILITIES PRESUMED TO BE AS- FELDMAN in at least one State. SOCIATED WITH PRISONER OF WAR Mr. GRASSLEY. Mr. President, I ask My hope is that her tragic passing STATUS. after a courageous battle with cancer Section 1112(b)(3) of title 38, United States unanimous consent that the Senate proceed to the consideration of S. Res. will inspire all of us to do just what Code, is amended by adding at the end the fol- Sandy fought her entire life for—to lowing new subparagraphs: 256, which was submitted earlier today. ‘‘(L) Atherosclerotic heart disease or hyper- The PRESIDING OFFICER. The make sure we are getting it right from tensive vascular disease (including hypertensive clerk will report the resolution by the start and to stand by our children heart disease) and their complications (includ- title. and our teachers. Sandy was an amazing myocardial infarction, congestive heart fail- The assistant legislative clerk read ing American. I will miss her wisdom ure and arrhythmia). as follows: and her counsel very much. Our hearts ‘‘(M) Stroke and its complications.’’. go out to her husband Arthur and their SEC. 304. POST TRAUMATIC STRESS DISORDER A resolution (S. Res. 256) honoring the life family in this difficult time. CLAIMS. of Sandra Feldman. Mr. GRASSLEY. Mr. President, I ask The Secretary shall develop and implement There being no objection, the Senate unanimous consent that the resolution policy and training initiatives to standardize proceeded to consider the resolution. be agreed to, the preamble be agreed the assessment of post traumatic stress disorder Mr. KERRY. Mr. President, I extend to, and the motion to reconsider be laid disability compensation claims. my deepest sympathies to the family Amend the title so as to read: ‘‘To amend upon the table. title 38, United States Code, to extend the and friends of Sandy Feldman at her The PRESIDING OFFICER. Without availability of $400,000 in life insurance cov- untimely passing. We have lost a dedi- objection, it is so ordered. erage to servicemembers and veterans, to cated educator, a proud labor leader, a The resolution (S. Res. 256) was make a stillborn child an insurable depend- committed reformer, and someone my agreed to.

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE September 28, 2005 CONGRESSIONAL RECORD — SENATE S10623 The preamble was agreed to. The assistant legislative clerk read promoting physical activity to combat child- The resolution, with its preamble, as follows: hood obesity; and reads as follows: A resolution (S. Res. 257) recognizing the (C) Jack Doub’s contribution to encouraging youth of all ages to be physically ac- S. RES. 256 spirit of Jacob Mock Doub and many young tive and fit, especially through bicycling; people who have contributed to encouraging Whereas Sandra Feldman was born Sandra (2) supports the goals and ideals of ‘‘Na- youth to be physically active and fit, and ex- Abramowitz in October, 1939, to blue-collar tional Take a Kid Mountain Biking Day’’, pressing support for ‘‘National Take a Kid parents living in a tenement in Coney Island, which was established in honor of Jack Doub Mountain Biking Day.’’ New York; in 2004 by the International Mountain Bicy- Whereas Sandra Feldman, while at James There being no objection, the Senate cling Association, and is celebrated on the Madison High School, Brooklyn College, and proceeded to consider the resolution. first Saturday in October of each year; and New York University, began a life-long dedi- Mr. GRASSLEY. Mr. President, I ask (3) encourages parents, schools, civic orga- cation to education, both in the United unanimous consent that the resolution nizations, and students to support the Inter- States and abroad; be agreed to, the preamble be agreed national Mountain Bicycling Association’s Whereas Sandra Feldman began her career ‘‘National Take a Kid Mountain Biking Day’’ by teaching fourth grade at Public School 34 to, and the motion to reconsider be laid upon the table. to promote increased physical activity on the Lower East Side of New York City; among youth in the United States. Whereas during her service as union leader The PRESIDING OFFICER. Without at Public School 34, Sandra Feldman became objection, it is so ordered. f employed by the United Federation of Teach- The resolution (S. Res. 257) was COMMENDING TIMOTHY SCOTT ers in New York City, and was elected presi- agreed to. WINEMAN dent in 1986, after 20 years of service; The preamble was agreed to. Mr. GRASSLEY. Mr. President, I ask Whereas Sandra Feldman’s tenure as presi- The resolution, with its preamble, unanimous consent that the Senate dent of the United Federation of Teachers reads as follows: was distinguished by her devotion to better proceed to the consideration of S. Res. working conditions for the teachers she rep- S. RES. 257 258, which was submitted earlier today. resented; Whereas according to the Centers for Dis- The PRESIDING OFFICER. The Whereas in 1997, the American Federation ease Control and Prevention, obesity rates clerk will report the resolution by of Teachers elected Sandra Feldman to serve have nearly tripled in adolescents in the title. as their president, until she retired 7 years United States since 1980; The assistant legislative clerk read Whereas overweight adolescents have a 70 later; as follows: Whereas Sandra Feldman effectively rep- percent chance of becoming overweight or resented the educators, healthcare profes- obese adults; A resolution (S. Res. 258) to commend Tim- sionals, public employees, and retirees who Whereas research conducted by the Na- othy Scott Wineman. made up the membership of the American tional Institutes of Health indicates that, There being no objection, the Senate Federation of Teachers; while genetics do play a role in childhood proceeded to consider the resolution. Whereas Sandra Feldman was a tireless ad- obesity, the large increase in childhood obe- Mr. GRASSLEY. Mr. President, I ask vocate for public education, working with sity rates over the past few decades can be unanimous consent that the resolution President George W. Bush on the No Child traced to overeating and lack of sufficient be agreed to, the preamble be agreed Left Behind Act of 2001 to improve account- exercise; to, and the motion to reconsider be laid ability standards and provide increased re- Whereas the Surgeon General and the upon the table. sources to schools to help increasing profes- President’s Council on Physical Fitness and The PRESIDING OFFICER. Without sional development to better equip teachers Sports recommend regular physical activity, including bicycling, for the prevention of objection, it is so ordered. to instruct students, and using research- The resolution (S. Res. 258) was driven methods to redesign school programs; overweight and obesity; Whereas Sandra Feldman was equally de- Whereas Jacob Mock ‘‘Jack’’ Doub, born agreed to. voted to promoting the rights of public serv- July 11, 1985, was actively involved in en- The preamble was agreed to. ants, fighting against discrimination, raising couraging others, especially children, to ride The resolution, with its preamble, the nursing shortage into national public bicycles and was an active youth who was in- reads as follows: awareness, advocating for smaller class sizes troduced to mountain biking at the age of 11 S. RES. 258 and patient-to-nurse ratios promoting in- near Grandfather Mountain, North Carolina, Whereas Timothy S. Wineman became an creased benefits and compensation for work- and quickly became a talented cyclist; employee of the United States Senate on Oc- ers, and spreading her message beyond her Whereas Jack Doub died unexpectedly tober 19, 1970, and since that date has ably own membership by advocating for workers from complications related to a bicycling in- and faithfully upheld the high standards and overseas as well; jury on October 21, 2002; traditions of the staff of the United States Whereas Sandra Feldman lent her exper- Whereas Jack Doub’s family and friends Senate for a period that included 19 Con- tise to both the national and international have joined, in association with the Inter- gresses; labor movements in her capacities as a mem- national Mountain Bicycling Association, to Whereas Timothy S. Wineman has served ber of the AFL–CIO executive council and a honor Jack Doub’s spirit and love of bicy- in the senior management of the Disbursing vice president of Education International; cling by establishing the Jack Doub Memo- Office for more than 25 years, first as the As- and rial Fund to promote and encourage children sistant Financial Clerk of the United States Whereas Sandra Feldman succumbed on of all ages to learn to ride and lead a phys- Senate from August 1, 1980 to April 30, 1998, September 18, 2005, to a difficult struggle ically active lifestyle; and finally as Financial Clerk of the United against breast cancer at the age of 65: Now, Whereas the International Mountain Bicy- States Senate from May 1, 1998 to October 14, therefore, be it cling Association’s worldwide network, 2005; Resolved, That the Senate— which is based in Boulder, Colorado, includes Whereas Timothy S. Wineman has faith- (1) mourns the loss of Sandra Feldman, a 32,000 individual members, more than 450 bi- fully discharged the difficult duties and re- vibrant and dedicated public servant; cycle clubs, 140 corporate partners, and 240 sponsibilities of his position as Financial (2) recognizes the contributions of Sandra bicycle retailer members, who coordinate Clerk of the United States Senate with great Feldman to public education; more than 1,000,000 volunteer trail work pride, energy, efficiency, dedication, integ- (3) expresses its deepest condolences to hours each year and have built more than rity, and professionalism; those who knew and loved Sandra Feldman; 5,000 miles of new trails; Whereas Timothy S. Wineman has earned and Whereas the International Mountain Bicy- the respect, affection, and esteem of the (4) directs the Secretary of the Senate to cling Association has encouraged low-impact United States Senate; and transmit an enrolled copy of this resolution riding and volunteer trail work participation Whereas Timothy S. Wineman will retire to the family of Sandra Feldman. since 1988; and from the United States Senate on October 14, f Whereas ‘‘National Take a Kid Mountain 2005, with 35 years of service with the United Biking Day’’ was established in honor of States Senate all with the Disbursing Office: RECOGNIZING THE SPIRIT OF Jack Doub in 2004 by the International Now, therefore, be it JACOB MOCK DOUB Mountain Bicycling Association, and is cele- Resolved, That the United States Senate Mr. GRASSLEY. Mr. President, I ask brated on the first Saturday in October of commends Timothy S. Wineman for his ex- each year: Now, therefore, be it emplary service to the United States Senate unanimous consent that the Senate Resolved, That the Senate— proceed to the consideration of S. Res. and the Nation, and wishes to express its (1) recognizes— deep appreciation and gratitude for his long, 257, which was submitted earlier today. (A) the health risks associated with child- faithful, and outstanding service. The PRESIDING OFFICER. The hood obesity; SEC. 2. The Secretary of the Senate shall clerk will report the resolution by (B) the spirit of Jacob Mock ‘‘Jack’’ Doub transmit a copy of this resolution to Tim- title. and so many others who have been actively othy S. Wineman.

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE S10624 CONGRESSIONAL RECORD — SENATE September 28, 2005 REMOVAL OF INJUNCTION OF SE- EMERGENCY AIRPORT a manner as possible, to the urgent needs of CRECY, PROTOCOL AMENDING IMPROVEMENT PROJECT GRANTS the region damaged by Hurricane Katrina or Hurricane Rita; THE TAX CONVENTION WITH Mr. GRASSLEY. Mr. President, I ask FRANCE—TREATY DOCUMENT (2) the United States Government’s share unanimous consent that the Senate of allowable project costs shall be 100 per- NO. 109–4 proceed to the immediate consider- cent, notwithstanding the provisions of sec- Mr. GRASSLEY. Mr. President, as in ation of S. 1786, introduced earlier tion 47109 of that title; executive session, I ask unanimous today. (3) any project funded by such a grant shall consent that the injunction of secrecy The PRESIDING OFFICER. The be deemed to be an airport development be removed from the following treaty clerk will report the bill by title. project (within the meaning of section 47102 transmitted to the Senate on Sep- The assistant legislative clerk read of that title), except for the purpose of establishing priorities under subsection (b) of this tember 28, 2005, by the President of the as follows: section among projects to be funded by such United States: Protocol Amending the A bill (S. 1786) to authorize the Secretary grants; and Tax Convention with France (Treaty of Transportation to make emergency air- (4) no project funded by such a grant may Document No. 109–4). I further ask port improvement project grants-in-aid be considered, for the purpose of any other unanimous consent that the treaty be under title 49, United States Code, for re- provision of law, to be a major Federal ac- considered as having been read the first pairs and costs related to damage from Hur- tion significantly affecting the quality of the time, that it be referred, with accom- ricanes Katrina and Rita. human environment. panying papers, to the Committee on There being no objection, the Senate f Foreign Relations and ordered to be proceeded to consider the bill. Mr. GRASSLEY. I ask unanimous MEASURE PLACED ON THE printed, and that the President’s mes- CALENDAR—S. 1783 sage be printed in the RECORD. consent that the bill be read a third The PRESIDING OFFICER. Without time and passed, the motion to recon- Mr. GRASSLEY. Mr. President, I ask objection, it is so ordered. sider be laid on the table, and any unanimous consent that S. 1783 be The message of the President is as statements be printed in the RECORD. placed directly on the calendar. follows: The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. objection, it is so ordered. To the Senate of the United States: The bill (S. 1786) was read the third With a view to receiving the advice f time and passed, as follows: and consent of the Senate to ratifica- ORDERS FOR THURSDAY, S. 1786 tion, I transmit herewith a Protocol SEPTEMBER 29, 2005 Amending the Convention Between the Be it enacted by the Senate and House of Rep- resentatives of the United States of America in Mr. GRASSLEY. Mr. President, I ask Government of the United States of Congress assembled, unanimous consent that when the Sen- America and the Government of the SECTION 1. EMERGENCY USE OF GRANTS-IN-AID ate completes its business today, it ad- French Republic for the Avoidance of FOR AIRPORT IMPROVEMENTS FOR journ until 9:30 a.m. on Thursday, Sep- Double Taxation and the Prevention of FISCAL YEARS 2005 AND 2006. tember 29. I further ask that following Fiscal Evasion with Respect to Taxes (a) IN GENERAL.—The Secretary of Trans- the prayer and pledge, the morning on Income and Capital, signed at Paris portation may make project grants under hour be deemed expired, the Journal of on August 31, 1994 (the ‘‘Convention’’), part B, subtitle VII, of title 49, United States proceedings be approved to date, the signed at Washington on December 8, Code, from amounts that remain unobligated after the date of enactment of this Act for time of the two leaders be reserved, 2004 (the ‘‘Protocol’’). Also transmitted fiscal years 2005 and 2006— and the Senate proceed to executive for the information of the Senate is the (1) from apportioned funds under section session and continue consideration of report of the Department of State with 47114 of that title apportioned to an airport Calendar No. 317, John Roberts to be respect to the Protocol. described in subsection (b)(1) or to a State in Chief Justice of the United States; pro- The Protocol was negotiated to ad- which such airport is located; or vided further that the time until 10:30 dress certain technical issues that have (2) from funds available for discretionary be equally divided between the two arisen since the Convention entered grants to such an airport under section 47115 of such title. leaders or their designees. into force. The Protocol was concluded (b) ELIGIBLE AIRPORTS AND USES.—The Sec- The PRESIDING OFFICER. Without in recognition of the importance of retary may make grants under subsection (a) objection, it is so ordered. U.S. economic relations with France. for— The Protocol clarifies the treatment (1) emergency capital costs incurred by a f of investments made in France by U.S. public use airport in Louisiana, Mississippi, PROGRAM investors through partnerships located Alabama, or Texas that is listed in the Fed- Mr. GRASSLEY. Mr. President, we in the United States, France, or third eral Aviation Administration’s National will resume the Roberts nomination to- countries. It also modifies the provi- Plan of Integrated Airport Systems of re- morrow for a short period of debate. sions of the treaty dealing with pen- pairing or replacing public use facilities that have been damaged as a result of Hurricane The debate from 10:30 to 11:30 has pre- sions and pension contributions in Katrina or Hurricane Rita; and viously been allocated to the two man- order to achieve parity given the two (2) emergency operating costs incurred by agers and the two leaders. At 11:30 to- countries’ fundamentally different pen- an airport described in paragraph (1) as a re- morrow, the Senate will vote on the sion systems. The Protocol makes sult of Hurricane Katrina or Hurricane Rita. nomination of Judge Roberts to be other changes to the Convention to re- (c) PRIORITIES.—In making grants author- Chief Justice of the Supreme Court. I flect more closely current U.S. tax ized by subsection (a), the Secretary shall remind all Senators that the majority treaty policy. give priority to— I recommend that the Senate give (1) airport development within the mean- leader has asked all Senators to be in ing of section 47102 of title 49, United States early and favorable consideration to the Chamber by 11:20 and seated at Code; their desks for this historic vote. this Protocol and that the Senate give (2) terminal development within the mean- its advice and consent to ratification. Following that vote, the Senate is ing of section 47110 of that title; expected to begin consideration of the GEORGE W. BUSH. (3) repair or replacement of other public THE WHITE HOUSE, September 28, 2005. use airport facilities; and Defense appropriations bill. Additional votes will occur on Thursday and Fri- f (4) emergency operating costs incurred at public use airports in Louisiana, Mississippi, day this week. REFERRAL OF S. 1219 Alabama, and Texas. f Mr. GRASSLEY. Mr. President, I ask (d) MODIFICATION OF CERTAIN OTHERWISE unanimous consent that the bill S. 1219 APPLICABLE REQUIREMENTS.—For purposes of ORDER FOR ADJOURNMENT be discharged from the Committee on any grant authorized by subsection (a)— Mr. GRASSLEY. If there is no fur- (1) the Secretary may waive any otherwise ther business to come before the Sen- Energy and Natural Resources and that applicable limitation on, or requirement for, it be referred to the Committee on In- grants under section 47102, 47107(a)(17), 47110, ate, I ask unanimous consent that the dian Affairs. or 47119 of title 49, United States Code, if the Senate stand in adjournment under the The PRESIDING OFFICER. Without Secretary determines that the waiver is nec- previous order, following the time con- objection, it is so ordered. essary to respond, in as timely and efficient trolled by the minority.

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE September 28, 2005 CONGRESSIONAL RECORD — SENATE S10625 The PRESIDING OFFICER. Without where to go for health care. They are showed up to the hospital to work, the objection, it is so ordered. in strange places. They need to be city of New Orleans is still virtually Mr. GRASSLEY. I yield the floor. qualified. empty. It is a large city. One-half our The PRESIDING OFFICER. The Sen- This has been well researched by the population has been impacted. Almost ator from Louisiana is recognized. staffs. We have had input, of course, half, 4.5 million people, live in the f Senator VITTER and myself, but this southern part of our State. comes straight from the Finance Com- Everyone has been impacted by these EMERGENCY HEALTHCARE RELIEF mittee, to extend what is already in two disasters. A large population in FOR THE SURVIVORS OF HURRI- the law for people to help them get Texas, a large population in Mis- CANE KATRINA coverage for 5 months, just 5 months sissippi, and a medium-sized popu- Ms. LANDRIEU. Mr. President, be- until people can catch their breath, get lation in Alabama have been affected, fore the chairman leaves the floor—he up on their feet, try to find their fami- but not to the level that, of course, has put in a long day today and has lies, make decisions. They lost their Louisiana has taken. It has taken a hit some more things probably to do this homes. They lost their business. to its major metropolitan area, as well evening—I wish to thank him for his It also helps private employers. I as then being followed up by another extraordinary leadership at this time have had private employers, little ones, major hit to the rural area to the west- and also the Senator from Montana medium ones, and big ones pouring ern side of our State. who was here earlier. They have been into my office. And this is what they I say ‘‘rural’’—there are good-sized working on this bill now for weeks be- say: Senator, we are not leaving. We cities, such as Lake Charles and other cities that are in that area. cause they are aware of the great need, want to stay. We are going to exhaust We have large cities, medium-sized the extraordinary need of the people the money in our bank accounts to from the State I represent, Louisiana, cities, and small villages and commu- keep our employees whole. But could nities—such as Cameron—that have but also our neighbors now in Texas you please ask the Federal Government and in Mississippi and in Alabama. been very hard hit. to give us a little help here? We want It is very important that we try to As the Senator from Iowa knows, and to keep their coverage. We want to work through whatever the difficulties the Senator from Montana, this is the keep our employees. We want them to might be. We don’t have that much largest natural disaster in the history come back. We don’t want our compa- time. of the United States. We had one hurri- nies to leave. But a lot of them had to If we can move on this package in the cane and major levee failings in a re- leave. They had no choice. They are next day or two, and work out what- gion with over 2 million people. Then going to Oklahoma, they are going to ever objections there are, I think it on the heels of it, we have had another Houston but at a lot of cost. would be a great signal to send from hurricane, not quite as large but equal- I talked to a gas pipeline company. this Congress. ly as damaging to some rural areas, They are having their employees come I know we have to get it past the Mr. President, that you are very famil- back this weekend right in Cameron House. I know we have to get it signed iar with, not big cities but small cities Parish. But they need our help. by the President. But the President has that are gone. They are just gone. One of the things this bill does is it been to our State many times. I have There is no more city. There is no more helps them—if they were giving insur- been with him on almost every trip. He community. ance to their people—continue to give has assured me that he understands All along the gulf coast—you can ask private insurance. If some companies that people are in desperate need, and the Senators from Mississippi— had to leave temporarily, their em- he wants to see the Federal Govern- Waveland and Biloxi and Cameron Par- ployees can still get private coverage ment use the resources that we have to ish, 10,000 people lived there 5 days ago. through a program that already exists. meet that need. I know we can’t do ev- No one lives there today. The chairman and the ranking mem- erything. But this is minimal. This is I flew over the other day. There is ber put their heads together and said, basic coverage for people who have one building, the courthouse building, Let us do this for 5 months. nothing right now. that stood in the Audrey hurricane, it I know there is an objection, because While churches are helping and while stood in the Rita hurricane. When we some have expressed a few objections, the private employers are doing a good rebuilt the Cameron Parish, I told that said let us not extend it to all job, private employers cannot take on them: Go find the architect who built States, let us keep it targeted to Lou- more risk than is their fiduciary re- that courthouse because we are going isiana, Mississippi, Alabama, and sponsibility. They have a responsibility need to have everything built that way Texas. to their stakeholders, to their share- if we are going to live here. We thought about that. But the rea- holders, and to their board of directors. This was not a coast of people sun- son there is one provision that allows They cannot run charities. bathing at resorts or second homes. the other States to keep their Med- That is why we have the role of Gov- These were people running our pipe- icaid, 100-percent reimbursement, is be- ernment. That is why we have to step up and meet them halfway. lines, our gas lines, our fishing indus- cause they have taken a lot of our peo- I am proud of our employers, but try. These were people running the re- ple. Arkansas didn’t have a hurricane, they need our help. The business com- fineries, the infrastructure that is on but they took our people. They had munity needs us to be a partner, and that coast. They didn’t just go there in 75,000 people. part of this bill would do that. the last decade to retire. Their families So if we cut the State of Arkansas’ I see the Senator from Illinois. have been there for generations, all health care benefits which may go into Mr. DURBIN. Mr. President, will the along this gulf coast. When they went effect soon, that is what we were an- Senator yield for a question through there, there was more land and more ticipating. It puts so much strain on the Chair? protection. But because they are not Arkansas for the 75,000 people. I came on the floor late. I heard Sen- super rich and because they did not We think it is reasonable to ask for a ator BAUCUS and Senator GRASSLEY have a lot of extra money and because 5-month waiver for all of the States talk about this bill. I want to try to over a lot of decades the Federal Gov- just to help us through this difficult bring it down to the most basic infor- ernment did not do what it should— period. mation, so if someone misses the de- maybe we all missed a little bit here or We are not trying to expand a Gov- bate, they will understand what we are there—the land is washed away. They ernment program. We are trying to use talking about. find themselves more vulnerable. what is available now in the law and This is generally what we are trying But they are not sunbathing down extend it to millions of people who to do. We are taking people who are there. They are working on the ports, need help immediately. displaced out of their homes, out of on the oil and gas industry, and they It is not everything we need in health their jobs, out of their communities be- desperately need our help. These people care. We still have problems with cause of the hurricanes—people who, need immediate medical attention and losses because companies are out of frankly, are going through a lot of per- care. As a doctor, you can understand business. Doctors who want to stay sonal and family hardship at this mo- the anxiety of people who do not know have no place to work. Even if they ment—and saying that one thing we

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE S10626 CONGRESSIONAL RECORD — SENATE September 28, 2005 are going to help you with immediately Ms. LANDRIEU. That is what it it. They worked it out. No one can is to make sure that you have health seems to be. It is unfortunate. challenge the conservative credentials care. If you qualify, you would have I am hoping, through the Chair to the of either of these Senators. They are Medicaid—that is for people in the Senator from Illinois—and I see that both fiscally sound. They do good work lower income categories—or if you had our minority leader from Nevada is for their Finance Committee. private health insurance where you here with us—that we could do our best There are a few people on the Repub- used to work in a business that has in the next 24 hours, either through ac- lican side of the aisle who are holding gone away, we are going to step in here tion on this floor or meetings, to an- this up. It is not right. No one wants to for 5 months and say, We are going to swer questions that a few Senators waste money for Katrina. No one wants give you this peace of mind. You will may have. I have heard objections, to waste money with the billions of know that you have health insurance. such as too much corruption. We have dollars that will be spent with Katrina. Is that what this bill does? problems with Mississippi spending I would be happy if Congress selected Ms. LANDRIEU. That is what this money and corruption, but we someone to be a czar to make sure the bill does. shouldn’t blame these people. All they money was spent properly. Mr. DURBIN. I understand that this want is health care benefits. We can fix But here we have people who are is a bipartisan bill that Senator GRASS- that issue. We can work on that issue. waiting. This is going for 5 months. LEY, Republican of Iowa, Senator BAU- But let us not hold up health care to They will be waiting for the most sim- CUS, a Democrat of Montana, have people until we get the system perfect. ple medical measures that would help written to make sure that the millions If that is the case, we should stop them—and help the States that are of people who have been displaced will working tonight. The system is never taking care of them. have basic health care. going to be perfect. It can be better. The State of Arkansas alone has Is that is what this bill does? Let us not take it out on these peo- 60,000 evacuees, most of whom, in some Ms. LANDRIEU. The Senator is cor- ple. They have already been victimized way or another, their family member, rect. That is what this bill does. Sen- outside of any of their control. would qualify for some part of this. ator VITTER from Louisiana and Sen- The Senator should know that one of It is the right thing to do to help ator LANDRIEU—and I am almost cer- the objections was that we shouldn’t States such as Arkansas. tain that every Senator of the affected f States—have signed off on this, asked expand a Government program. But again, I just want to reiterate to for it and said ‘‘yes.’’ We desperately PANDEMIC INFLUENZA the Senator that this is not an expan- need it. sion. It is in the law. It is 5 months of Mr. REID. Mr. President, in 1918, the Mr. DURBIN. I would like to ask the Spanish flu pandemic swept the world Senator how many times she has special help to people who need it and to people who have private insurance for a number of reasons—not the least brought this bill to the floor. How of which we had soldiers coming from many times have we tried to provide that have lost it and can’t have it, if we don’t meet their employers halfway. all over the world going places and this basic health care, basic protection coming home. As a result, this pan- to these victims of Hurricane Katrina The only expansion for the country is to say in the next 5 months the Federal demic that swept our world claimed and Hurricane Rita so far? the lives of about 50 million people, and Ms. LANDRIEU. I believe the Sen- Government will not cut any State’s Medicaid Program because so many of 500,000 people in the United States ator from Iowa and the Senator from alone before it completed its deadly Montana have been working on this for our States are helping our people. Again, in Arkansas, 75,000. It would not run. 2 weeks. We are into our fourth week of Today, many public health experts be fair to Arkansas, even though they Katrina and the first week of Rita. are warning us that another flu pan- But again, it is the largest natural didn’t get hit by the hurricane, to cut demic is not a matter of if, but when. disaster that has hit the Continental their State program when they are ab- They tell us that this next pandemic United States. We are getting ready to sorbing some many extra people from has the potential to be every bit as rebuild, after we work out our dif- Louisiana, Texas, and Mississippi. devastating as what the world wit- ferences, a major American city for the I think that makes common sense. I see the Senator from Nevada. nessed nearly 100 years ago. first time since the Civil War and the A flu pandemic occurs when a new region that surrounds it. We are learn- Maybe he can shed some light on this. strain of flu emerges in the human pop- ing as we go. There is not a textbook to I will yield the floor. I have spent the ulation and causes serious illness and follow. So we have to use our common time and more than I was asked for. death and can easily spread between sense. We have to trust each other on I thank the Senators who are here who are trying to get this important humans. some of these things. The avian flu, referred to as H5–N1 The Senator from Iowa and the Sen- bill passed by the end of the week. flu strain by scientists, already meets ator from Montana have run this com- The PRESIDING OFFICER (Mr. the first step: Roughly half of the 115 mittee, and their members have put a VITTER). The Senator from Nevada. people who have been diagnosed with great bill together that is modest but Mr. REID. Mr. President, I want the this virus to date have died. At so needed. RECORD to be spread with my apprecia- I am hoping the Senator from Illinois tion for the statements made today by present, all that stands between avian flu and pandemic status is the fact that can help us figure out how to move this Senator BAUCUS, Senator LANDRIEU, scientists do not believe the avian flu legislation quickly. and Senator DURBIN regarding this Mr. DURBIN. If the Senator would most important issue. We saw with can easily be transmitted between hu- further yield for a question through Katrina that we have in America a mans. Scientists fear it is only a matter of the Chair, I thought our biggest com- safety net that has some holes in it. We time before the avian flu virus mutates plaint about the Federal Government’s saw in graphic description some of the into a form that can spread easily from response to Katrina was that, even people fell through that safety net. when we were warned, we weren’t That is what this is all about—help- human to human. According to the Centers for Disease ready. Many of us are calling for a non- ing medically. The poorest of the poor Control Director Julie Gerberding: partisan, independent commission to in our country are helped by Medicaid. answer some basic questions. Why That is what this is all about. . . . many influenza experts, including those at CDC, consider the threat of a serious in- weren’t we ready? But when it comes For those people who are watching fluenza epidemic to the United States to be to this issue about health care for the this, who are listening, this is an in- high. Although the timing and impact of an victims of Hurricane Katrina and Hur- stance where there is a bipartisan influenza pandemic is unpredictable, the oc- ricane Rita, we know what the need is. measure that is now before the Senate currence is inevitable and potentially dev- And apparently, because of objections that should pass. The Finance Com- astating. heard on the floor of the Senate, we are mittee, under the direction of Senators That was her word, ‘‘inevitable.’’ delaying, postponing, this basic health GRASSLEY and BAUCUS—Republican and You do not have to be an expert to care for these victims of this hurri- Democrat—came up with this most im- understand the dramatic toll a flu pan- cane. portant piece of legislation. They did demic could have on our Nation and on

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE September 28, 2005 CONGRESSIONAL RECORD — SENATE S10627 the world. Given our capacity for rapid that antiviral medication will be a cru- sponse plans. Remember, the director travel around the globe compared to cial stopgap defense against a pan- of the Centers for Disease Control has 1918 and the interdependence of our demic. The World Health Organization told us this is going to happen. It is in- economic markets compared to 1918, recommended that countries stockpile evitable. We need to protect Americans both of which have increased dramati- enough antiviral medication to cover with the development, production, and cally since the last flu pandemic, the 25 percent of their populations. Other distribution of an effective vaccine. We potential human and economic costs of nations, including Great Britain, need to plan ahead for pandemic by the next pandemic are unimaginable. France, Norway, Portugal, Switzer- stockpiling antiviral medications, A respected U.S. health expert has land, Finland, and New Zealand, have medical, and other supplies. We need to concluded that almost 2 million Ameri- ordered enough Tamiflu, an antiviral strengthen our public health infra- cans would die in the first year alone of pill to cover between 20 and 40 percent structure. We need to educate Ameri- an outbreak. Pandemic flu outbreak in of their populations. cans by increasing awareness of and the United States could cost our econ- We should have learned. It was only education about this flu. Finally, we omy hundreds of billions of dollars due last year that we did not have enough need to commit to protecting Ameri- to death, lost productivity and disrup- vaccine to take care of the people in cans by devoting adequate resources to tion in commerce, and to our society America. We did not have enough vac- pandemic preparedness. generally. cine to take care of the flu strain last Experts have warned that an avian Maybe the only thing more troubling time, and everyone knew what that flu pandemic is inevitable. But the dev- than contemplating the possible con- was. astating consequences that can ensue sequences of the avian flu pandemic is As important as this Tamiflu is, we from an outbreak are not—provided recognizing that neither this Nation now have only 2.3 million courses of this Nation and the world heed the nor the world are prepared to deal with this pill. Given country, national, and science community warnings and take it. Administration documents say it international production capacity, action immediately. will take months to develop an effec- even if we were to increase our order of I propose to start by committing the tive vaccine against the avian flu— Tamiflu today, we have been told the resources necessary to protect Ameri- some say as much as 9 months—once United States would have to wait until cans. We need to start today. We know we have been able to identify the par- the end of 2007 before we could secure today that funding certain programs ticular flu strain in circulation. Ad- enough Tamiflu to cover 25 percent of can make dramatic reductions for the ministration officials say one of the our population. The consequences of consequences of a future avian flu out- best opportunities to limit the scope pandemic could be far reaching, im- break. We also know many of these and consequence of any outbreak is to pacting virtually every sector of our programs are either unfunded or mas- rapidly detect the emergence of a new society and our economy. sively underfunded. strain that is capable of sustained We also know our medical commu- Tomorrow, when we take up the De- human-to-human contact. Yet we are nity needs to be trained to distinguish fense appropriations bill after we finish not devoting enough resources to effec- between the annual flu and avian flu so the Roberts vote, Senators HARKIN, tive surveillance abroad. that an outbreak could be recorded im- KENNEDY, OBAMA, and many others, in- The administration has acknowl- mediately. Doctors, hospitals, and cluding myself and Senator DURBIN, edged we need a detailed pandemic plan other medical providers must develop the two Democrat leaders here who outlining our national strategy to ad- surge capacity plans so they can re- have been elected by our colleagues, dress this pandemic. Among other mat- spond to a pandemic. Businesses, also, will join in this. ters, such a plan needs to address those need to be prepared. They should be en- This is important. We are going to who will spearhead our response to couraged to develop their own plans, offer an amendment that will ensure pandemic. establish or expand telecommunicating that we begin making the investments How will our response be coordinated and network access plans, update med- necessary to make sure this Nation and across all levels of Government? And ical needs policies, and provide sugges- the world do everything possible to en- how will we rapidly distribute limited tions on how to promote employee sure that history does not repeat itself medical resources? Yet our national health to lessen the likelihood of expo- and we do not have to relive the terror preparedness plan is still in draft form. sure. The American public also needs of 1918. We all know State and local health to be educated about the importance of The PRESIDING OFFICER. Under departments will be on the front lines annual flu vaccines and steps they can the previous order, the Senate is sched- of a pandemic. They will need to con- take to prepare for and respond to an uled to adjourn at this time. duct surveillance, coordinate local re- avian flu outbreak. Mr. REID. I ask unanimous consent sponses, and help distribute the vac- Yet this administration has failed to that the Senator from Illinois have an cines and antivirals. Yet we are posed take appropriate action to prepare the opportunity to speak. I am happy to re- to approve a $130 million cut for State medical community, business commu- lieve the Chair if that is necessary. We and local preparedness funding at the nity, and the American public. We can have two Senators on the floor to fin- Centers for Disease Control. At this do better. We need to do better. Most ish their statements. I ask consent time, that is unconscionable. importantly, we cannot afford to wait that the two Senators from Illinois be We also know that once a flu strain to do better. America can do better. recognized to speak. has been identified, we will need to de- The Federal Government’s poor re- The PRESIDING OFFICER. Could I velop an effective vaccine, as I have sponse to Katrina has only served to ask if there is a time limit? talked about, and produce enough to exacerbate concerns about the toll Mr. REID. How long does the senior eventually inoculate the entire 300 mil- such an outbreak would have on our Senator from Illinois wish to speak? lion people in America. Yet our exist- Nation and the world. Given the very Mr. DURBIN. No more than 10 mining stockpile of vaccines, assuming real possibility of an outbreak, its po- utes. they are effective against the yet un- tentially severe consequences, and our Mr. REID. The junior Senator from identified strain, may protect less than relative lack of preparedness, we need Illinois? 1 percent of all Americans, and we have to take action on several fronts to pre- Mr. OBAMA. I was not aware my sen- only one domestic flu vaccine manufac- pare our Nation and the American peo- ior colleague from Illinois was going to turer located in the United States. It is ple for a potential outbreak and reduce speak so I don’t want to unnecessarily estimated if our capacity to produce its impact, should it occur. hold up the entire Chamber. vaccines is not improved, it could take What are some of the steps nec- Mr. REID. The Senator should know 15 months to vaccinate first respond- essary? We need to improve surveil- I did use your name. ers, medical personnel, and other high- lance and international partnerships so Mr. OBAMA. I am aware of that. risk groups. we may detect new flu strains and do it Mr. REID. You have the only com- Given it will take months to develop, early. We need to prepare for a pan- prehensive bill filed regarding the produce, and distribute a vaccine once demic by finalizing, implementing, and avian flu and I commend you in that we have one that is effective, we know funding pandemic preparedness re- regard.

VerDate Aug 31 2005 06:48 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S28SE5.REC S28SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE S10628 CONGRESSIONAL RECORD — SENATE September 28, 2005 Mr. DURBIN. I will be glad to take 5 Right now, the avian flu primarily later—in the capability to track this minutes and yield to my colleague 5 infects birds, but we are aware of 115 flu so we can stop its spread as quickly minutes. cases in which people have been in- and effectively as possible. The PRESIDING OFFICER. Without fected by the flu. Fifty-nine of them If we don’t—if we simply wring our objection, it is so ordered. have died. If that pattern were to hold, hands and hope for the best—when the Mr. REID. I appreciate that. I know I 55 percent of the people infected with avian flu hits this country, it will have presided over a few of the late this flu could die. make the scenes of Katrina pale in nights. In many ways, we are better off than comparison Mr. DURBIN. Mr. President, I preface we were in 1918 when a flu pandemic Before I turn it over to my colleague, my remarks by saying that the first struck this country and took 675,000 I will not repeat the remarks of Sen- person who brought the avian flu epi- lives. We know how germs are spread ator REID, but I will say if you believe demic to my attention was my col- and how to minimize that spread. In you can survive this flu epidemic be- league Senator OBAMA, who identified other ways we are far more susceptible cause you are not an infant or sickly or this issue before most other Senators. I to this threat. The Wilderness Society elderly, that is not the situation. It commend the Senator for his leader- believes the avian flu could spread turns out we have no resistance to this ship on this issue. I am glad he is here from China to Japan to New York to flu strain, and as a consequence we are this evening to speak to it. San Francisco within the first week. all in the same situation in terms of I have had two public health brief- The Council on Foreign Relations vulnerability. That is why this is so se- ings in my time as a Congressman and dedicated its last volume of Foreign rious. Senator which stopped me cold. The Affairs to the impact of a global pan- We had a briefing today, and I am first one was about 20 years ago. It was demic—the prospect of battling an epi- sure Senator OBAMA will go into detail on the global AIDS epidemic. I knew it demic of flu in several countries at the on it, but it raises questions as Senator was a problem, but I didn’t know what same time. ABC News reports that offi- REID raised. kind of a problem. I left that briefing cials in London are quietly looking for I will yield the rest of my time to my in the House Committee on the Budget additional morgue space. colleague and thank him for his leader- and went home to speak in very sincere The Bush administration is preparing ship. terms to my family about what I con- a plan for responding to an outbreak of I close by saying, we left the Defense sidered to be a real threat to all of us. avian flu. I think there is more that we appropriations bill, brought it out of It was in the earliest stages. can do and that we must do—now. If committee today. It contains $50 bil- Today, I had the second public health you listen to the leaders in infectious lion for our continuing efforts in Iraq. briefing which stopped me cold again. disease and public health around the I will provide and vote for every penny We were briefed by Secretary Leavitt world, we may not have the luxury of our service men and women need, but I from the Department of Health and time on this one. also believe we have an obligation to Human Services, Dr. Gerberding from We need to step up surveillance of in- Americans here. A stronger America the Centers for Disease Control, and fectious disease here in the U.S. and starts at home. That means being pre- Dr. Fauci, well-known doctor at the internationally, so that we can track pared for the next challenge we face, National Institutes Of Health. They this thing and begin to contain it im- and this avian flu pandemic could eas- talked about the possibility of this mediately. We need to invest in re- ily be that challenge. avian flu epidemic. Senator REID has search and development to pursue all The PRESIDING OFFICER (Mr. gone into detail. possibilities for effective vaccines and DEMINT). The Senator from Illinois. Mr. President, the images from antiviral drugs. If the avian flu hits Mr. OBAMA. Thank you very much, Katrina are still with us—children, with a 55 percent mortality rate within Mr. President. I will be brief. I know senior citizens, people with disabilities days of infection, as it appears to be we have gone way over the time here and chronic medical problems, waiting doing, we could lose hundreds of thou- today. for days for care and medicine. These sands of Americans in the first few Mr. President, in the midst of so are not images we hope to see again months. We need to aggressively pur- much difficulty that our Nation is fac- anytime soon, and yet, we are told that sue vaccines now—not after the out- ing—Katrina and Rita, the ongoing these scenes will be repeated, in larger break has begun. challenges in Iraq and Afghanistan—I numbers, in more cities, and for far We need to help states develop their recognize it is hard to get the public, longer when the avian flu breaks out in own preparedness plans so that our re- the leadership in Congress, and senior this country. sponse is coordinated and organized administration officials to focus on yet Scientists and government officials and will save lives. Where is the medi- one more challenge. alike, worldwide, agree that the out- cine stored? How do we make decisions But as has already been stated by the break of avian flu is virtually inevi- about who gets treatment when there Democratic leader, HARRY REID, and table and that, like we were for is too little to go around? How will the my senior colleague, the minority Katrina, this country is woefully distribution systems work? This is whip, Senator DICK DURBIN, this is a underprepared. work we must help states and localities crisis to which the entire country sim- A few weeks ago at the U.N., the complete now—not during a time of ply must awaken itself. World Health Organization warned the crisis. When I started talking about this 7 Assembly of a pending global pan- Last flu season, we lost about half of months ago, not too many folks paid demic. President Bush acknowledged, our expected supply of flu vaccine at attention. Perhaps because the short- ‘‘If left unchallenged, this virus could the same time the Centers for Disease hand for this looming crisis is the become the first pandemic of the 21st Control and Prevention began encour- ‘‘bird flu,’’ people assume it is just century.’’ Department of Health and aging everyone to go and get one. It going to get birds and animals sick. Human Services Secretary Leavitt and was a mess. We had senior citizens In reality, however, what is at stake Senator FRIST are as worried as I am. waiting for hours for a vaccine, often here is the potential of a pandemic There is a general sense that we are to learn that they were too late. We that we have not seen in the United not prepared. saw people waiting for a flu vaccine States since 1918, 1919. As has already The only antiviral drug that appears standing in lines that snaked through been stated here tonight, our top sci- to be effective in minimizing the flu’s K-Mart parking lots. entists and medical personnel, includ- effect is in short supply. The U.S. has I hope we don’t have to learn these ing the heads of the NIH, CDC, and the enough doses in its stockpile to treat lessons again the hard way. It is our re- Department of Health and Human just 2.3 million people. The only vac- sponsibility to ensure that states and Services, all agree that it is almost in- cine we have in the pipeline is experi- localities are prepared. We need to ag- evitable that an avian flu pandemic mental. It may or may not be effective gressively pursue effective treatments will strike. against the mutation that breaks out now—not when flu victims are over- The key question is the extent of the in humans in this country. And sup- whelming our hospitals before our damage, especially in terms of lives plies of that vaccine are limited. eyes. And we have to invest now—not lost. The answer to this question will,

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Over the last few months, we have Another issue I would mention is Mr. President, I appreciate your pa- seen alarming reports from countries that we are going to have to establish tience very much and look forward to all over Asia—Indonesia, China, Viet- international protocols to ensure we working with you on this issue. nam, Thailand, and Russia, just to can alert ourselves rapidly if we have The PRESIDING OFFICER. I thank name a few—about deaths that have re- confirmed cases of human-to-human the Senator. sulted from the avian flu. transmission of the avian flu anywhere f The situation has turned so ominous in the world. Why do I mention this? If ADJOURNMENT UNTIL 9:30 A.M. that Dr. Julie Gerberding, the Director we detect efficient human-to-human TOMORROW of the CDC, said that an avian flu out- transmission, it is likely that we are break is ‘‘the most important threat going to have only weeks before we are The PRESIDING OFFICER. Under that we are facing [today].’’ going to see those first cases in the the previous order, the Senate stands International health experts say that United States. adjourned until 9:30 a.m. tomorrow. two of the three conditions for an This means placing effective trigger Thereupon, the Senate, at 7:37 p.m., avian flu pandemic in Southeast Asia mechanisms in all these countries to adjourned until Thursday, September already exist. make sure everyone is cooperating and 29, 2005, at 9:30 a.m. First, a new strain of the virus, providing rapid information, which f called H5N1, has emerged, and humans could mean the difference in terms of NOMINATIONS have little or no immunity to it. Sec- tens or hundreds of thousands of lives. ond, this strain has demonstrated the Now I don’t want to suggest that Executive nominations received by ability to jump between species. nothing is being done. For example, the Senate September 28, 2005: The only thing preventing a full months ago, Congress, on a bipartisan AFRICAN DEVELOPMENT FOUNDATION blown pandemic is a lack of efficient basis including myself, Senator LUGAR, JENDAYI ELIZABETH FRAZER, ASSISTANT SECRETARY OF STATE (AFRICAN AFFAIRS), TO BE A MEMBER OF THE transmission of this strain from human Senator MCCONNELL, and Senator BOARD OF DIRECTORS OF THE AFRICAN DEVELOPMENT to human. Once that happens, as a con- LEAHY—included $25 million as part of FOUNDATION FOR THE REMAINDER OF THE TERM EXPIR- ING SEPTEMBER 27, 2009, VICE CONSTANCE BERRY NEW- sequence of international travel and the Iraq supplemental to make con- MAN. commerce, there is not going to be any tribute to an urgent WHO appeal on OCCUPATIONAL SAFETY AND HEALTH REVIEW way to effectively contain this pan- this issue. Today, this money is mak- COMMISSION demic. ing a difference in the field trying to HORACE A. THOMPSON, OF MISSISSIPPI, TO BE A MEM- Moreover, the news on this last point set up some of the international meas- BER OF THE OCCUPATIONAL SAFETY AND HEALTH RE- VIEW COMMISSION FOR A TERM EXPIRING APRIL 27, 2011, is not good. In recent months, the virus ures I just described. VICE JAMES M. STEPHENS, TERM EXPIRED. has been detected in mammals that I, along with Senators LUGAR, DUR- DEPARTMENT OF EDUCATION have never previously been infected, BIN and others, introduced legislation, KENT D. TALBERT, OF VIRGINIA, TO BE GENERAL including tigers, leopards and domestic S. 969, to enhance our ability to deal COUNSEL, DEPARTMENT OF EDUCATION, VICE BRIAN cats. This suggests that the virus is with this potential crisis. But that was JONES, RESIGNED. mutating and could eventually emerge months ago, and we need to broaden EXECUTIVE OFFICE OF THE PRESIDENT in a form that is readily transmittable the number of people involved in this CAROL E. DINKINS, OF TEXAS, TO BE CHAIRMAN OF THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD. among humans. effort. (NEW POSITION) Mr. President, Senator REID and Sen- Moreover, these is are modest first ALAN CHARLES RAUL, OF THE DISTRICT OF COLUMBIA, TO BE VICE CHAIRMAN OF THE PRIVACY AND CIVIL LIB- ator DURBIN both outlined some of the steps. Going forward, we are going to ERTIES OVERSIGHT BOARD. (NEW POSITION) measures that have to be put in place need significantly more resources. I am NATIONAL OCEANIC AND ATMOSPHERIC here domestically to protect our popu- eager to work with leaders on health ADMINISTRATION lation. We have to drastically ramp up issues, including Senator HARKIN and SUBJECT TO QUALIFICATIONS PROVIDED BY LAW, THE our stockpiles of Tamiflu, which, if Senator REID, as well as others across FOLLOWING FOR PERMANENT APPOINTMENT TO THE taken properly, could act as a treat- GRADES INDICATED IN THE NATIONAL OCEANIC AND AT- the aisle. MOSPHERIC ADMINISTRATION. ment from the avian flu once a person I hope we can work not only to make To be lieutenant junior grade is infected. Right now, we only have a sure we have an effective international couple of million doses. We need 80 mil- regime to deal with this problem over- MELISSA M. FORD lion to 100 million doses in order to be seas but that we also invest the time, To be ensign adequately prepared. That is going to MADELEINE M. ADLER the energy, and the resources needed to CAROL N. ARSENAULT cost us significant amounts of money, put in place effective measures well be- JAMES L. BRINKLEY as the cost of Tamiflu is approximately JOHN E. CHRISTENSEN fore we have a full blown crisis on our SEAN M. FINNEY $20 per dose. hands. LAUREL K. JENNINGS In addition, we are going to have to An outbreak of the avian flu could GUINEVERE R. LEWIS ALLISON R. MARTIN develop flu vaccines of a sort we have occur in a year, 5 years, 10 years, or if JASON R. SAXE not seen in the past. In order to create we were incredibly lucky not happen at PAUL M. SMIDANSKY DAVID A. STRAUSZ sufficient quantities, we are going to all. But the one good thing about in- REBECCA J. WADDINGTON have to go push the boundaries of ex- vesting in measures to deal with this JAMIE S. WASSER isting technologies and science—going looming crisis is—and I will end on this PUBLIC HEALTH SERVICE beyond the agricultural mechanisms of point—if we spend the money now, it THE FOLLOWING CANDIDATE FOR PERSONNEL ACTION IN THE REGULAR COMPONENT OF THE PUBLIC HEALTH developing vaccines that we have used will pay dividends, even if this par- SERVICE SUBJECT TO QUALIFICATIONS THEREFOR AS in the past. ticular strain of the avian flu outbreak PROVIDED BY LAW AND REGULATIONS: Third, we are going to make sure does not occur. 1. FOR APPOINTMENT: that local and State governments un- Why is this the case? The risk of To be assistant surgeon derstand how urgent this is. We have to some sort of pandemic, and the LEAH HILL ensure there are clear plans, coordina- THE FOLLOWING CANDIDATES FOR PERSONNEL AC- mutations of flus for which we have no TION IN THE REGULAR COMPONENT OF THE PUBLIC tion mechanisms, and lines of author- immunity, is almost inevitable. The HEALTH SERVICE SUBJECT TO QUALIFICATIONS THERE- ity—that will stand up in a time of cri- FORE AS PROVIDED BY LAW AND REGULATIONS: H5N1 strain may not be the strain that 1. FOR APPOINTMENT: sis. Right now, we do not have suffi- leads to a full blown pandemic. But, To be medical director cient plans in place to make sure local another strain could easily come along and State agencies are able to generate a cause serious damage in the future. GREGORY A. ABBOTT the kinds of rapid responses that are Presently, we simply do not have the To be senior surgeon going to be necessary in the case of a public health infrastructure to deal WANDA DENISE BARFIELD RUTHANN M. GIUSTI flu outbreak. adequately with this contingency. SONJA S. HUTCHINS

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SUSAN A. MALONEY ARTHUR S. TAICH GLENNA LOUISE MEADE PATRICIA M. SIMONE VINCENT M. THRUTCHLEY ANDREW KEVIN MEAGHER PAMELA STRATTON HYOSIM S. TRAPP JEFFREY GLENN NEWMAN AMY BETH WEBB CUTHBERT T. PALAT III To be surgeon KELLIE LYNN WESTERBUHR KRISTA MARIE SCARDINA MARTA-LOUISE ACKERS ANGEL L. WILSON RANDY LEE SEYS PAUL MATTHEW ARGUIN MARC E. WINOKUR MARTIN H. SHIMER II STEVEN C. SMALLEY ULANA R. BODNAR To be assistant nurse officer WILLIAM ALFRED BOWER JACQUELINE KAREN THOMAS KELLY ERIN VALENTE JOSEPH S. BRESEE DAVID ANDREW CAMPBELL SAMUEL YU-SHU WU DAVID BOSWELL CALLAHAN DARRELL LYONS CHI-ANN YU WU JOHN R. MACARTHUR CHRISTINE MARIE MERENDA SHERRI A. YODER JEFFREY W. MCFARLAND GLORIA M. RODRIGUES CHARLA M. YOUNG KATHERINE G. MULLIGAN BRIAN KEITH JOHNSTON ROBERT DAVID NEWMAN To be engineer officer RYAN LYNN STEVENS KEVIN ANDREW PROHASKA DAVID WILLIAM AUSDEMORE ALICE SZE-MAN TSAO WILLIAM RESTO-RIVERA DEREK W. CHAMBERS THERESA LOUISE SMITH SUSAN KAYE NEURATH To be dietitian JEREMY SOBEL KENNETH TOM SUN KAY M. TOMASHEK JEAN R. MAKIE MICHELLE S. WEINBERG To be senior assistant engineer officer VANGIE R. TATE To be senior assistant dietitian To be senior assistant surgeon MARK T. BADER LORETTA B. BARRANGER SUZAN ELIZABETH DUNAWAY MEI LIN CASTOR STEVEN J. DYKSTRA EILEEN F. DUNNE DENNIS I. HAAG To be senior therapist SCOTT ALLEN HARPER KATHERINE ELIZABETH JACOBITZ SUSAN F. MILLER MATTHEW ROBERT MOORE STEPHEN B. MARTIN, JR. THOMAS M. WEISER JOHN PAUL NICHOLS To be therapist SARA JEANNE WHITEHEAD JOHN B. PULSIPHER MERCEDES J. BENITEZ-MCCRARY HUI-HSING WONG MICHAEL B. REA LIZA M. FIGUEROA NICHOLAS R. VIZZONE To be senior dental surgeon KATHLEEN M. MANRIQUE SHARI L. WINDT STEVEN D. FLORER To be senior assistant therapist JOHN W. KING To be senior scientist STEPHEN P. TORNA DENISE M. BRASSEAUX JOSEPH L. DESPINS ALEXEI A. DESATOFF To be dental surgeon To be scientist JEFFREY JOSEPH LAWRENCE HENRY PAUL MCMILLAN WILLIAM DENZELL CAVANAUGH JON RUSSELL DAUGHERTY LORRIE LEA MURDOCH RENEE JOSKOW JOHN MOSELY HAYES SUE N. NEWMAN HSIAO P. PENG MELANIE FAITH MYERS ROBERT E. ROE, JR. DARLA DIANNE WHITFIELD BENNIE D. WHEAT STEPHEN SHUMWAY SPAULDING To be senior assistant dental surgeon To be senior assistant scientist JULIE MARGARET VAN LEUVEN To be health services director MAYRA ARROYO-ORTIZ RACHEL NONKIN AVCHEN RAYMOND A. DAILEY ARTENSIE RENEE FLOWERS DAVID C. KVAMME KIM NANCY HORT PETER DAMIAN MCELROY To be senior health services officer MARY BETH JOHNSON DIANA LOUISE SCHNEIDER ROBERT C. LLOYD, JR. MARK JOSEPH SEATON RICHARD A. MARCH WILLIAM B. PARRISH TANYA M. ROBINSON To be environmental health officer To be health services officer CURTIS D. SPANN CHRISTOPHER JOHN BERSANI VANESSA F. THOMAS JEAN ANN GAUNCE LINDA KAY BRANDT EARLENA R. WILSON DANIEL J. HEWETT JOSELITO SANCHEZ IGNACIO KELLIE J. CLELLAND To be senior nurse officer TIMOTHY M. RADTKE GREGORY DALE CLIFT PHILIP SIMMONS MCRAE KATHERINE A. COINER To be senior assistant environmental health JUDY B. PYANT SHEILA F. MAHONEY RAFAEL ANGEL SALAS DONALD STEWART ACKERMAN JEANEAN DENISE WILLIS To be nurse officer CHARLES M. BLUE ELISE SIU YOUNG MICHAEL GEORGE BOX HELGA C. BACA WILLIAM C. CRUMP To be senior assistant health services officer NANCY F. BARTOLINI RONALD MATTHEW HALL KATHERINE MARIE BERKHOUSEN JAMES R. HOWELL NOREEN K. ADAY SUSAN KATHRYN BROWN BOBBY T. VILLINES CLAYTON M. BELGARDE JUANITA M. FOX DAVID J. BELLWARE MARGARET K. GRISMER To be senior veterinary officer JEFFREY S. BUCKSER LISA M. HOGAN GEORGE L. CARTER EDECIA ALEXANDRIA RICHARDS WALTER R. DALEY KEITH WILLIAM CESPON KONSTANTINE K. WELD To be veterinary officer DIMITRUS CULBREATH ADOLFO ZORRILLA MICHAEL WILLIAM DAVIS TRACEE A. TREADWELL STEPHEN M. DEARWENT, JR. To be senior assistant nurse officer LYNETTE R. DZIUK To be senior assistant veterinary officer AMY FRANCES ANDERSON NIMA N. FELDMAN PATRICK M. FITZWATER LISA A. BARNHART MARIANNE PHELAN ROSS CELIA SYDONNE GABREL ELIZABETH ANNE BOOT REGINA LORAINE TAN STACEY R. GOODING ALICIA ANNE BRADFORD VENITA B. THORNTON ROBERT T. HARRIS REGINA D. BRADLEY ALLISON M. WILLIAMS NICHOLE J. CHAMBERLAIN DANIEL H. HESSELGESSER ALAN RICHARD CONDON To be senior pharmacist ROBIN ANN JACKSON TOBEY CANDICE MANNS DAVID ALLEN CROSS M. CARLENE MCINTYRE JOHN W. DAVID, JR. JACK F. MARTINEZ SUSIE PAPAZIAN DILL To be pharmacist JOHN D. MAYNARD KIMBERLY JILL ELENBERG FRANCES PAULA PLACIDE BRADLEY JOHN ESPESETH THOMAS RAYMOND BERRY PRISCILLA RODRIGUEZ JOHN S. GARY, JR. BARBARA J. FINNEGAN CLAUDINE MICHELE SAMANIC CHERYL LYNN GARZA BETH FABIAN FRITSCH ANGEL GUSTAVO SEINOS PATRICIA NOTTINGHAM GARZONE STEVEN DAVID MAZZELLA FELICIA BINION WILLIAMS GEORGE ROBERT GENTILE ANGELA MADDREY PAYNE JAMES F. ZINK WAYNE KEITH GRANT ROBERT CHARLES STEYERT To be assistant health services officer NANCY M. HALONEN JULIENNE M. VAILLANCOURT LORI A. HUNTER PRESTON L. VANCUREN SHAWN DAVID BLACKSHEAR CYNTHIA RENEE JAMES To be senior assistant pharmacist SEAN RANDALL BYRD NATALIE A. KEATING WILLIAM LEVI COOPER NICOLE ANTOINETTE KNIGHT CHRISTOPHER KEITH ALLEN TORREY BETH DARKENWALD AKUA O. KWATEMAA DEMITRIA J. ARGIROPOULOS DEBORAH ANN DOODY YVONNE TERESA LACOUR WILLIAM H. BENDER CARL A. HUFFMAN III YVETTE MARIA LACOUR-DAVIS MARY A. BICKEL THE JUDICIARY CAROL S. LINCOLN KEVIN D. BROOKS SHERRY LEE LULF TAMMY L. BUNTJER TIMOTHY C. BATTEN, SR., OF GEORGIA, TO BE UNITED JOHN THOMAS MALLOS MARY CATHERINE BYRNE STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT ROSALIE A. MASHTALIER BRIAN NEIL CAMPBELL OF GEORGIA, VICE WILLIS B. HUNT, JR., RETIRED. CHRISTINE M. MATTSON JASON FOSTER CHANCEY KRISTI DUBOSE, OF ALABAMA, TO BE UNITED STATES MAUREEN JANE MCARTHUR JAMES MICHAEL CHAPPLE DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF ALA- TAMI LEE MCBRIDE KAI L. CHIU BAMA, VICE CHARLES R. BUTLER, RETIRED. ALBERTA M. MCCABE CHAE UN CHONG THOMAS E. JOHNSTON, OF WEST VIRGINIA, TO BE BRIAN M. MCDONOUGH WILBERT DARWIN, JR. UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN QUENTIN E. MOORE CORNELIUS DIAL DISTRICT OF WEST VIRGINIA, VICE CHARLES H. HADEN, VICTORIA LYNN OBOCZKY DAVID TERWASE DIWA II, DECEASED. DEAN B. PEDERSEN RICHARD E. ERICKSON II VIRGINIA MARY KENDALL, OF ILLINOIS, TO BE UNITED ALBERT PERRINE, JR. KRISTA SUE EVANS STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT ALOIS P. PROVOST JAMES B. GIBBON OF ILLINOIS, VICE SUSANNE B. CONLON, RETIRED. JOSIE C. RICCI STEVEN JOE GRAY W. KEITH WATKINS, OF ALABAMA, TO BE UNITED KELLY DUANE RICHARDS ANDREW STEPHEN HAFFER STATES DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF ABELARDO F. ROMAN JACQUELINE W. LEA ALABAMA, VICE WILLIAM HAROLD ALBRITTON, III, RE- TIARA ROSE RUFF KAREN ELIZABETH MCNABB-NOON TIRED.

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