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Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 108 CONGRESS, SECOND SESSION

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Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 108 CONGRESS, SECOND SESSION 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, MONDAY, SEPTEMBER 20, 2004 No. 113 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, September 21, 2004, at 12:30 p.m. Senate MONDAY, SEPTEMBER 20, 2004 The Senate met at 2 p.m. and was RECOGNITION OF THE ACTING The Chair inquires, does the Senator called to order by the President pro MAJORITY LEADER from Nevada wish to suggest the ab- tempore [Mr. STEVENS]. The PRESIDENT pro tempore. The sence of a quorum? Senator from Kentucky is recognized. Mr. REID. I suggest the absence of a quorum. PRAYER f The PRESIDING OFFICER. The The Chaplain, Dr. Barry C. Black, of- SCHEDULE clerk will call the roll. The assistant legislative clerk pro- fered the following prayer: Mr. MCCONNELL. Mr. President, ceeded to call the roll. Let us pray. today we will have a period for morn- Mr. STEVENS. Mr. President, I ask O Lord our God, restorer of the joy of ing business throughout the afternoon. unanimous consent that the order for those who find You, we praise Your Under a previous unanimous-consent the quorum call be rescinded. holy name. Thank You for giving us agreement, we will vote on passage of The PRESIDING OFFICER. Without lifetime favor and for Your unchanging the Military Construction appropria- objection, it is so ordered. The Senator faithfulness. You turn our mourning tions bill at 5:30 p.m. today. The final from Alaska. into dancing and clothe us with glad- 10 minutes prior to the vote is sched- Mr. STEVENS. I thank the Chair. ness. uled for closing remarks on the (The remarks of Mr. STEVENS per- MILCON legislation. As a reminder, we Today we pray for our Senators. taining to the submission of the resolu- have also reached an agreement for Shine Your light of wisdom on them tion are located in today’s RECORD consideration of the Legislative and be gracious to them. Remove from under ‘‘Submission of Concurrent and Branch appropriations bill and will be them contention and strife as You in- Senate Resolutions.’’) scheduling that matter for tomorrow’s fuse them with humility. Keep Your The PRESIDING OFFICER. The Sen- session. As always, Members will be no- arms of protection around them and ator from Nevada. tified as additional votes are sched- their loved ones in these challenging f uled. times. We have a number of other legisla- THE FEDERAL JUDICIARY Lift Your mighty scepter over our tive and executive matters that are Mr. REID. Mr. President, before I military and bless it with success. possible this week, including addi- came to the Senate, I practiced law for Lord, rule in the midst of Your world tional appropriations bills, the nomina- many years in my home state of Ne- until the kingdom of Earth will ac- tion of PORTER GOSS to be Director of vada. I was an attorney who went to knowledge Your sovereignty. Let Your the CIA, and an extension of various court all the time, and I often went to mighty name protect us as You give us expiring family tax provisions. Federal court. There is a tremendous our heart’s desires. Mr. President, I thank the Senate for difference between State courts and We place our trust in You, the Lord its attention. I yield the floor. Federal courts. There is more solem- our God. Amen. f nity in the Federal courts. There are more procedures that are important to MORNING BUSINESS f the establishment of justice and main- The PRESIDING OFFICER (Mr. taining justice in our Federal court RESERVATION OF LEADER TIME ENZI). Under the previous order, there system. The main reason for this is will now be a period for the transaction that our Federal judges are appointed The PRESIDENT pro tempore. Under of morning business for debate only for life. They are not subject to the the previous order, the leadership time with Senators permitted to speak whims of a political issue at any given is reserved. therein for up to 10 minutes each. time. They know that if they rule a ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S9365 . VerDate Aug 04 2004 01:49 Sep 21, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A20SE6.000 S20PT1 S9366 CONGRESSIONAL RECORD — SENATE September 20, 2004 certain way, they are not going to be addition, civil jury trials would come aged if the current budget impasse on judici- thrown off the bench in the next elec- to a halt in June because there would ary funding is not resolved, and the judi- tion. be no funds to pay the jurors. ciary’s funding is included in a long-term I am still a very proud member of the The Constitution is the world’s continuing resolution that would freeze over- all appropriations at FY 2004 levels. It is the Nevada bar, and I have great respect greatest blueprint for democracy, and operation of and respect for the rule of law for the law. I appreciate everyone who our justice system is the fairest and which sets our country apart from most oth- is involved in the practice of the law the best in all the world. We should not ers. and the judicial process. be running a second-class judicial sys- A minimum current services funding level In fact, the reason there has been so tem. The Senate needs to provide our (sustained by a 6.1 percent increase over FY much debate about Federal judicial judiciary the resources it needs to fund 2004 appropriations) would maintain the cur- nominations is because we care deeply these functions properly. rent staffing and operating expenses. about these lifetime positions. They While the Senate committee-passed A freeze of the juror appropriation would are vital to our system of Government. bill does appropriate funding for the ju- require the halting of civil jury trials in July The U.S. Constitution is such an im- diciary, it is not enough. At the very 2005. portant document. When we come to least, we must appropriate the amount The modest increase in the FY 2004 budget this body, we swear we will uphold the contained in H.R. 4754. Anything less still required the courts to terminate, buy- U.S. Constitution. Framers of this than that will jeopardize the judi- out or furlough employees despite the 10% great document were visionary, in my ciary’s fundamental mission of pro- workload growth from the previous year. opinion. They understood the impor- Courts have also scaled back on technology, viding justice. reduced improvements and public hours ac- tance of the legal process. That is why I have spoken at great length with cess, and cut back on probation officers’ they made the judiciary one of the members of the Federal bench about testing and aftercare of offenders. three equal branches of Government, salaries for Federal judges, including The judiciary could be forced to fire or fur- separate but equal. U.S. Supreme Court Justices. We have lough the equivalent of 2,000 to 5,000 proba- Our judiciary and our legal system to pay our Federal judges better to tion, pretrial services, and clerks’ office em- are vital to this democracy. Unfortu- continue to attract and retain the ployees—almost one-fourth of the current nately, some people only seem to rec- ‘‘best of the best’’ in our Federal judi- staff. It is worth noting that once a skilled ognize that fact when it is convenient. ciary, but today we are not even asking employee is released, even if funding is even- tually restored, the employee usually does I am sad to announce that this ad- for that. We simply want funding that ministration wants the public to be- not return, resulting in the loss of a signifi- will be better than the 2001 level. cant investment in human resources. lieve nothing is more important than As in so many cases, this administra- filling vacancies on the Federal bench. A freeze of the defender services appropria- tion’s rhetoric on judicial nominees is tions would require halting panel attorney Yet, this same administration refuses a flip side of reality. The President be- payments in June 2005. to fund the judicial branch so it can moans the supposed slow pace of the Should the appropriations process become function properly. This body, because Senate’s confirmation of his judicial stalled, an effort to exempt the judiciary of the numbers we have gotten from nominees. Here is reality: The Senate from a long-term continuing resolution at the White House, is contemplating a has confirmed more than 95 percent of FY 2004 levels should be considered, and an budget resolution that would freeze the the President’s nominees for the Fed- annual appropriation at least to the levels judiciary appropriations at last year’s eral court. I think the number is 203 contained in H.R. 4754 should be provided. levels. The funding for staffing and approved and 9 or 10 turned down. Such a course is not without precedence, and was taken in 1996 when, at the request of the other expenses was below the level of The pace of our consideration of fiscal year 2001. That is, 2004 was below Chief Justice, the judiciary was exempted, nominees is faster than that afforded along with other law enforcement agencies the level of 2001.
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