E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, SECOND SESSION

Vol. 150 WASHINGTON, SATURDAY, NOVEMBER 20, 2004 No. 135 Senate The Senate met at 11 a.m. and was our work and adjourning the 108th Con- pending that we either need to wrap up called to order by the President pro gress. We anticipate the omnibus con- today or it will be in the next Con- tempore (Mr. STEVENS). ference report will arrive from the gress. It is not 10 or 20 or 50 or 100; it House of Representatives today. In all is almost 200 nominations that have PRAYER likelihood that would be early to mid- been held up for various reasons. But The Chaplain, Dr. Barry C. Black, of- afternoon. I hope we will be able to they made it to the calendar and I am fered the following prayer: have a short period of debate and then very hopeful that over the course of Let us pray. proceed to a vote on adoption of that the next several hours we can reach an O Lord our God, You are the fountain conference report. agreement to address all 200 or so of of all wisdom. We will praise Your Once the report arrives officially those pending nominations. Many peo- mighty deeds and Your power to save. from the House of Representatives— ple are working on that. I just encour- Teach us how to trust You completely, again, I think it is going to be early to age our Members to continue to work for You are our mighty protector. Help midafternoon, possibly around 2 on that. o’clock—we would like to go to that us to see that You know our hearts and These individuals have accepted the bill at that point in time. As you can plan to prosper us and to give us abun- call to public service in many different see before me, we have the copies, both dant life. Guide us along right paths, so capacities. Yet because of inactivity on here and each of the cloakrooms have that we depend upon Your providence the floor of the Senate, they are going and follow Your precepts. Make us a several copies at this point in time. I know people have been interested and to be just a name in that book where if nation that acknowledges Your sov- we can act on that, they will be al- ereignty and seeks You in all of life’s have been looking through the copies of that report. But we will be prepared lowed to proceed. They have gone seasons. through the entire process. I know it is Today, strengthen the Members of to go to it this afternoon. One of the issues we will be checking incumbent upon us to act. We just have this body. May people be attracted by to find a way to confirm these non- the strength and beauty of their lives. with also, over the course of the rest of controversial executive nominations Let those who watch their delibera- the morning and early afternoon, is to before we finish our work. tions be impressed by their impar- ask Members how much time they do tiality and by their desire to always do want to spend on debate and how much MIDDLE EAST PEACE debate time will be necessary in order right. Empower them to administer the I want to comment on two things. affairs of this Nation faithfully and that we can advise our colleagues with regard to their schedules. First is a resolution we passed yester- wisely. We pray in Your strong Name. day, last night, in support of democ- Amen. In addition, over the night—which was a long night for many people, both racy in the Middle East. On November f staff as well as Members, in bringing to 12, the President of the United States PLEDGE OF ALLEGIANCE a close the 108th Congress—there was a and the Prime Minister of England ar- ticulated their joint resolve to press The PRESIDENT pro tempore led the lot of work on the intelligence reform for a peaceful resolution to the Pales- Pledge of Allegiance, as follows: bill, the 9/11 intelligence reform bill. tinian-Israeli conflict. Specifically, I pledge allegiance to the Flag of the Huge progress has been made over the last 24 hours under the leadership, from they support the creation of a Pales- United States of America, and to the Repub- tinian State that is peaceful, that is lic for which it stands, one nation under God, the Senate side, of Senator COLLINS, democratic, that is free, and that is indivisible, with liberty and justice for all. joined by Senator LIEBERMAN and, in- based and grounded on the rule of law, f deed, they have done yeoman’s work in bringing us to this point. So if that that will include free press and free RECOGNITION OF THE MAJORITY conference report becomes available, speech and an open political process LEADER we may also be considering intel- and religious tolerance. The PRESIDENT pro tempore. The ligence reform over the course of the Last night, here in the Senate, we majority leader is recognized. day. voted unanimously to ratify this vi- f A third issue that we have spent a lot sion. It is our hope that both parties to of time with yesterday and through the roadmap will follow it to a peaceful SCHEDULE last night and over the course of the resolution. With courage and deter- Mr. FRIST. Mr. President, today we morning is the nominations. People do mination on both sides, we believe, in are convening for this unusual Satur- not realize that in our calendar right fact we know, that peace can be day session with the hope of finishing now there are over 200 nominations achieved.

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

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VerDate Aug 04 2004 23:52 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.000 S20PT1 S11666 CONGRESSIONAL RECORD — SENATE November 20, 2004 POLITICS OF DECENCY fashioned over the last several years, Every year, more and more people One final issue I want to spend a few culminating last year, a Medicare mod- are commenting on the partisan divide minutes talking about is the people’s ernization package that extended, for and the bickering and the sniping back expectation of how this body should the first time in the history of Medi- and forth. As my distinguished col- function as we come together after care, prescription drug coverage to sen- league, Senator DASCHLE, has said, it is what we know have been tough, com- iors; and with Senator RON WYDEN on not enough to say that society has be- petitive elections. Two days ago I had flexibility and accountability in edu- come divided and throw up your hands. the opportunity to travel with Senator cation, and Senator KENNEDY on issues We have a higher responsibility, he DASCHLE and a number of Senators and surrounding public health and bioter- says, and I quote his words, ‘‘to try to House Members to the opening of the rorism. bridge the divide, not simply mirror or Clinton Library, and it was remark- Throughout our history, indeed, exploit it.’’ I simply could not agree able, while I was there, the number of America has been governed best when with that more. people from other countries—there was the women and men of the Senate—and At the Clinton Library opening 2 a huge delegation from other coun- I should also add the House of Rep- days ago we had the opportunity to tries—who came forward and spoke resentatives—and the Executive have spend a couple of hours together. It about the remarkable flexibility, pli- treated each other with respect and was a tremendous ceremony, the open- ability, resilience of America in com- with civility and with decency. A lot of ing of that library. But as we sat there, ing together after tough elections, ag- it comes down to personal relation- we very specifically talked about how gressive elections. Within a week or 2 ships, which a lot of people don’t see best this institution can be served by weeks, we come together. That is what but really is the heart of this body. moving toward greater civility, more the American people expect and that is Rule XIX says—I don’t need to remind opportunities for us to come together. characteristic of America. my colleagues of the clear message of Civility in this body has eroded over To accomplish the people’s work, the rule XIX of this body: time, and it will take time and a re- Senate and Senators, the Members of No Senator in debate shall, directly newed commitment, maybe a new com- this body, must work together and do or indirectly, by any form of words im- mitment for many, but a renewed com- pute to another Senator or to Senators work together. They must work toward mitment to regain it. But we have got any conduct or motive unworthy or un- consensus. They must conduct their af- to begin. becoming a Senator. I think we have a great opportunity fairs with respect for each other and The American people have sent us a to begin in the coming weeks. We have with civility. They must practice those clear message as well. They want to had other Members of this Chamber politics of decency. move America forward, but they want In my office, just down the hall, one who have already begun much of this to make sure we do it in a way that of my predecessor Republican leaders, task. I want to highlight the recent bi- shows respect for one another. They re- , has a portrait on the partisan orientation sessions that the elected a Republican President, chose wall there. It reminds me that he was Senator from Delaware, Mr. CARPER, significant Republican majorities in often an ardent antagonist of Demo- along with my colleague from Ten- both the House of Representatives and cratic administrations. He broke with the Senate, but regardless of whether nessee, Senator ALEXANDER, along with some in his party to lead the Nation’s we are Republicans or whether we are Senator MARK PRYOR and Senator Republicans in support of the laws that Democrats, we all take the same GEORGE VOINOVICH, put together. When ended legal racial discrimination in pledge, which our new Senators will be they first brought this idea to us, both this country. He acted because he knew doing in early January, to defend the Senator DASCHLE and I said: Yes, abso- he was doing the right thing and the same Constitution. It is our duty to lutely, let’s do it. Indeed, over 4 days reasonable thing and the moral thing. represent all Americans. The American this past week, starting Sunday, Mon- He acted because the Nation needed, people expect us to work together, the day, Tuesday, Wednesday, the nine the Nation deserved, racial equality, American people want us to work to- newly elected Senators from both par- and in acting he had to work with gether, and they deserve to have us ties were together for the better part of members of the other party. Indeed, he work together. each and every one of those days ad- did, and he could. He had strong per- I know that all of my colleagues on dressing how they can best serve their sonal relationships with President both sides of the aisle share the same constituents and, indeed, the American Lyndon Johnson and the Democratic ultimate goal of a safer America, a people. They were joined by their leader, . He worked more prosperous America, and a spouses. They had lively discussions. alongside them to pass the historic 1964 healthier America, and that none of us They had meals together. They had Civil Rights Act and the want to be thought of as blanket ob- dinner and conversation well into the groundbreaking 1965 Voting Rights structionists to accomplishing this night each of these evenings. I think it Act. But without his will to cooperate, goal. We want to move with civility, is a tremendous foundation for what we in all likelihood, neither would have with cooperation, working toward con- all need to make a renewed commit- become law. sensus. But all too often, as we all ment to do in the coming weeks and And Dirksen cared about keeping a know—we have seen it in this body and months in this body. civil atmosphere in Washington, DC. In outside the body and in committees— Tip O’Neill, who would sit and swap 1969, he even rode in that Presidential people tend to lean to partisan bick- stories with President Reagan after inauguration with President-elect ering. We need to move away from that hard days fighting on everything from Nixon and President Johnson in an ef- because we have all seen that it does appropriations to welfare reform, liked fort to smooth the troubled relation- get in the way of our genuine, our saying, in a quotation we all hear ship between those two statesmen. shared desire to move America for- again and again, ‘‘We should all be In the last 4 years, with civility and ward. friends after 6 p.m.’’ the will to work together, we set tough Many believe things have worsened At the same time, we all know that new standards in fields such as edu- over time here in comparison to the in this body, we have two parties and cation, with No Child Left Behind. We way it may have been 15 years ago or 30 we have two very different views of created the Department of Homeland years ago. It is true that Senators of how to get to that common goal. So we Security, again coming together and different parties rarely get together, or don’t expect Senators to compromise working on the issue with great civil- clearly don’t get together as much as their principles in any way. We don’t ity. I have been proud to work with nu- they did in more distant times. We expect Republicans to stop being Re- merous colleagues on issues important come together for floor votes and we publicans or Democrats to stop being to me—with Senator KERRY aggres- come together for occasional Senate Democrats, and it takes effective sively, over a period of about a year, on dinners and we come together for spokesmen on both sides of the aisle to issues surrounding AIDS and malaria weekly prayer breakfasts, many of us, articulate those principles. The prin- and tuberculosis. I was deeply proud to but clearly we haven’t generated those ciples we stand for both as parties and work with my distinguished colleague opportunities nearly as much as they as caucuses do reflect some very dif- from Louisiana, JOHN BREAUX, as we were in the past. ferent visions. In some cases, they can

VerDate Aug 04 2004 23:52 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.003 S20PT1 November 20, 2004 CONGRESSIONAL RECORD — SENATE S11667 be serious and in some ways quite fun- MORNING BUSINESS the Colorado General Assembly. But he damental, but when it comes to the de- The PRESIDING OFFICER. Under became even more respected because of tails of policy, we can and should move the previous order, there will be a pe- his firm conviction, his hard work, and together and have discussions with ci- riod of morning business with Senators his commitment to small business, and vility to move toward consensus. permitted to speak for up to 10 minutes to water issues of the western slope in We face an imperative to reduce the each. the State house district he represented. deficit by keeping spending in check, In fact, having finished his first term, f but without raising taxes and stifling he was recognized as one of the 10 best job growth. ORDER OF PROCEDURE legislators in the Colorado General As- We must transform our health care Mrs. HUTCHISON. Madam President, sembly. He had an opportunity to serve system into one that puts people and I wanted to ask if we could put an for about three terms and took on an their doctors first and puts the doctor- order in place, that Senator ALLARD incumbent congressman. He won that patient relationship in charge. speak first, then myself, and Senator particular race and ended up in the We do need to confirm judges who ALLEN. I would like to protect our U.S. House of Representatives in 1986; justly and independently interpret the places, if that would be possible. I ask then got elected to the U.S. Senate in law. unanimous consent that Senator AL- 1992, and reelected in 1998. We can’t move America forward un- LARD be recognized, after which I would During this period of time, I had an less we do these things, and we can’t do be recognized, after which Senator opportunity to be able to establish a these things unless we do work to- BOND would be recognized, then Sen- personal relationship with Senator gether. Doing this and improving the ator ALLEN and Senator STEVENS. CAMPBELL in the State legislature. I re- environment and the tenor of this body The PRESIDING OFFICER. Is there spect a lot of the values he brought to is going to require a lot of hard work. objection? the legislature. I had an opportunity to We will need more good ideas devised Without objection, it is so ordered. work with him for a short period of by Senators ALEXANDER, CARPER, The Senator from Colorado. time in the U.S. House of Representa- PRYOR, and VOINOVICH. f tives. He certainly was a team player We should give strong consideration and somebody whom I felt I could work COMMENDING THE MAJORITY to the proposals my colleague Senator with. I looked forward to the oppor- LEADER DASCHLE made several months ago such tunity when I could serve with him in as all-Senate policy forums to discuss Mr. ALLARD. Madam President, first the Senate. While serving here in the the issues of the day, and bipartisan of all I would like to recognize the Senate, we became known as a team leadership meetings which bring lead- strong leadership that we receive from representing the interests of Colorado, ership together. These are all great the majority leader. I think he needs to which has been pretty effective. A lot suggestions, fruitful suggestions, and be complimented for his inclusive lead- of the issues that are important to the great starting points and productive ership. We have accomplished a lot this State of Colorado we were able to ac- ideas. session because of his efforts. complish. A lot of it was because he Senator REID and I have already f was willing to take on the responsibil- begun to discuss ideas on how to TRIBUTES TO RETIRING ities of the Appropriations Committee. achieve this, again working together to SENATORS Representatives from Colorado ordi- make my ideas and his ideas a reality. narily didn’t seek out these commit- Senators on both sides of the aisle BEN NIGHTHORSE CAMPBELL tees, but he made a big difference. should know that as we approach these Mr. ALLARD. Madam President, I I consider it a great pleasure to be issues, accomplish this, and their ideas take a moment to talk about 4 col- able to serve with him. I consider him we ask them to bring forward. leagues whom I have had an oppor- family. Not only are we close friends, In closing, the traditions, rules, and tunity to serve with in the Senate. but my niece married his son. I have customs of the Senate rest on a founda- First of all, I want to talk about my the greatest respect for the Campbell tion of civility. That is why we have colleague from the State of Colorado, family. They are great Americans and I rules that are in print, a body of rules. who is not going to be with us as we go am pleased to be considered part of his Then we have this whole element of into the waning days of the 108th Con- family. tradition and precedent which is so im- gress. DON NICKLES portant to this body. I had an opportunity to get to know Mr. ALLARD. Madam President, I We have essential work ahead of us BEN CAMPBELL in the Colorado General also want to take a moment to talk as we all begin to plan and look at the Assembly. In 1982, he was elected to the about another colleague, DON NICKLES, next Congress. We are stewards of rich State house and I was elected to the who has had a long and distinguished Senate traditions and stewards of con- State senate. It was not long before the career as we move into the waning stitutional principles that simply must buzz in the Capitol was all about this days of the 108th Congress. not be undone. We are leaders elected great Native American whom we had He brought to this Congress a per- by the American people for one simple serving in the State house who brought spective from the private sector. I am a purpose; that is, to move America for- to the Capitol some common sense small businessman. I grew up in the ward. Doing it is going to require a lot from western Colorado, an individual private sector. In my view, too few of of work. It will require a lot of con- who in his own right had already us have had to meet the challenges and sensus building, and above all it will gained some national notoriety. meet a payroll. I think it affects how require civility. Senator CAMPBELL came from a fam- you view rules and regulations and I look forward to working with our ily that was somewhat dysfunctional. taxes. leadership and working jointly with It was a poor family. He joined the Air Senator NICKLES from be- the Democratic leadership to make Force. While he was serving in the Air came a strong advocate of small busi- that our goal and to implement and in- Force, he had an opportunity to get his ness issues and worked hard to hold corporate whatever we need to do in GED. He served in Korea. While serving down the tax burden and regulatory this body so we indeed can achieve that in the Air Force, he also spent some burden. goal. time in Japan where he received some I had an opportunity to serve with I yield the floor. judo training. He became a member of him when he was chairman of the the first Olympic judo team rep- Budget Committee, and I very much resenting the United States. He had f appreciated his leadership on that com- the distinction of carrying the flag rep- mittee. resenting the whole United States en- I also appreciated the opportunity to RESERVATION OF LEADER TIME tourage that was there participating in be able to work with him in holding The PRESIDING OFFICER (Ms. MUR- the Olympics. down and actually eliminating the KOWSKI). Under the previous order, This individual brought a consider- death tax which has such devastating leadership time is reserved. able amount of national notoriety to effects on small business.

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