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

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

Vol. 152 WASHINGTON, TUESDAY, JUNE 6, 2006 No. 70 Senate The Senate met at 9:45 a.m. and was time in executive session for the con- The PRESIDENT pro tempore. It will called to order by the President pro sideration of Renee Bumb to be U.S. be equally divided. tempore (Mr. STEVENS). district judge for New Jersey. Fol- Mr. MCCONNELL. I suggest the ab- lowing those statements, we will vote sence of a quorum. PRAYER at around 10:20 a.m. on the confirma- The PRESIDENT pro tempore. With- The Chaplain, Dr. Barry C. Black, of- tion of that nomination. out objection, it is so ordered. fered the following prayer: Immediately after the vote, we will The clerk will call the roll. Let us pray: resume debate on the motion to pro- The bill clerk proceeded to call the Eternal Spirit, You see our thoughts ceed to the Marriage Protection roll. Mr. LAUTENBERG. Mr. President, I from a distance. You look not merely Amendment. We reserved blocks of ask unanimous consent that the order on our exteriors but also at our inte- time throughout the session for Mem- riors. You see our desire to please You for the quorum call be rescinded. bers to come to the Senate to give The PRESIDENT pro tempore. With- and to honor You with our lives. You their remarks on the marriage amend- out objection, it is so ordered. know our remorse for neglected duties, ment. Mr. LAUTENBERG. Mr. President, I missed opportunities, and selfish pur- The Senate will recess, as usual on rise to express my pleasure and support suits. Tuesdays, from 12:30 to 2:15 for our for the confirmation of Ms. Renee You are aware that we need strength weekly policy luncheons. Bumb to the U.S. District Court of New for today and hope for tomorrow. I remind our colleagues, I filed a clo- Jersey. Today, meet the needs of our law- ture motion on the motion to proceed Ms. Bumb is one of four accomplished makers as they confront the challenges to the Marriage Protection Amend- individuals from New Jersey who have of our time. Give them faith to trust ment. That vote will occur on Wednes- been nominated to vacancies on the that Your sovereign providence will day. Later today, we will alert all district court. prevail in the unfolding events of our Members as to the precise timing of Just before we left for the Memorial world. Remind them that they are that cloture vote on the marriage Day recess, the Senate unanimously never alone, for You will never forsake amendment which, as I indicated, will confirmed Judge Susan Wigenton for them. occur Wednesday. the district court. Judge Wigenton has We pray in Your holy Name. Amen. f been a Federal magistrate judge since f 1997. She also worked at a law firm, EXECUTIVE SESSION PLEDGE OF ALLEGIANCE served as a public defender in Asbury Park, NJ. She has been a first-rate The PRESIDENT pro tempore led the magistrate judge. She will be an excel- Pledge of Allegiance, as follows: NOMINATION OF RENEE MARIE BUMB TO BE UNITED STATES lent district court judge. She served I pledge allegiance to the Flag of the the public well. We are pleased to have United States of America, and to the Repub- DISTRICT JUDGE FOR THE DIS- lic for which it stands, one nation under God, TRICT OF NEW JERSEY her join the bench in New Jersey. indivisible, with liberty and justice for all. Now we discuss today’s nominee, The PRESIDENT pro tempore. Under Renee Bumb. She is exceptionally well f the previous order, the Senate will pro- qualified and will be an excellent addi- RESERVATION OF LEADER TIME ceed to executive session for consider- tion to the court. She is currently at- The PRESIDENT pro tempore. Under ation of Executive Calendar No. 626, torney in charge of the Camden—our the previous order, the leadership time which the clerk will report. southernmost city—U.S. Attorney’s Of- is reserved. The bill clerk read the nomination of fice. She is a gifted prosecutor and has Renee Marie Bumb, of New Jersey, to f handled cases ranging from drug traf- be U.S. District Judge for the District ficking to white-collar crime. RECOGNITION OF THE ACTING of New Jersey. For 6 years, Miss Bumb has super- MAJORITY LEADER The PRESIDENT pro tempore. Under vised all of the attorneys in the Cam- The PRESIDENT pro tempore. The the previous order, the time until 10:20 den U.S. Attorney’s Office. At the same acting majority leader is recognized. a.m. shall be equally divided between time, she has tried cases herself, espe- f the two managers or their designees. cially those dealing with public corrup- Mr. MCCONNELL. Mr. President, be- tion. SCHEDULE fore I suggest the absence of a quorum, Ms. Bumb is from south Jersey. We Mr. MCCONNELL. Mr. President, this will the time run during the quorum are pleased she will be sitting as a Fed- morning we have set aside some debate call? eral judge in Camden. There have been

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

S5435

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5436 CONGRESSIONAL RECORD — SENATE June 6, 2006 openings there for some time. The peo- Award, the highest award given to an to provide fair compensation to asbes- ple of south Jersey deserve judges who assistant U.S. attorney presented by tos victims and reduce the litigation understand that area of the State and the U.S. Attorney General. Ms. Bumb burden that asbestos cases have im- the unique communities therein. Ms. is currently the attorney in charge of posed on our civil justice system. Bumb fits that bill. the U.S. Attorney’s Office in Camden, We worked together to report a com- When people look at tiny New Jersey NJ. prehensive immigration reform bill and on the map, they envision a small The American Bar Association has continued to work with Senators KEN- State but they are wrong. While we are rated Ms. Bumb as well qualified for NEDY, MCCAIN, HAGEL, MARTINEZ, and relatively small geographically, we the position to which she has been others in a bipartisan coalition that have the 10th largest population in the nominated. It is a view I share as well. culminated in Senate passage of S. 2611 country. New Jersey is the most dense- I would also like to talk about the late last month. We look forward to ly populated State in the country. package of four nominees for district help from the President to enact that While physical distance between north judge of New Jersey that Ms. Bumb is measure later this year. and south Jersey is not significant, a part of. It is a package that is bal- We worked together to revive and re- there are differences between the two anced in every sense of the word, from authorize the expiring provisions of the areas politically, economically, and geographic to gender perspectives, as USA PATRIOT Act. I supported the Ju- culturally. The Federal Government well as to quality. I should note that diciary Committee and Senate bill. needs to respect these distinctions. Ms. Bumb is not the first nominee of When our bill was hijacked, I appre- Thus, we have Renee Bumb, who is a that package to be confirmed by the ciated Chairman SPECTER’s efforts to judge from South Jersey. She will dis- Senate. The day before the Memorial restore some balance and his efforts to pense justice with the unique character Day district work period began, the work with those of us seeking improve- her community brings—not having the Senate confirmed Susan Wigenton to ments. Sadly, the final product insisted large cities, and with the population be a district court judge. Judge upon by the Bush-Cheney administra- density much less than the north. They Wigenton graduated from Norfolk tion and House Republicans was not also lack some of the services imme- State University and the Marshall- one I could support. We are working together now in a bi- diately available in the northern part Wythe School of Law from the College partisan, bicameral partnership to re- of our State. Ms. Bumb will represent of William and Mary. She has spent the authorize the expiring provisions of the the Federal Government and represent last 8 years doing an exceptional job as Voting Rights Act. We need to com- a U.S. magistrate judge for the district the Judiciary extremely well. plete hearings on our bill without fur- At the same time, we have two other of New Jersey, and she will do an ex- ther delay, and I hope that we can re- excellent nominees for vacancies on ceptional job in the district court. port our bipartisan bill by mid-June so the U.S. District Court for New Jersey. I look forward to working with Sen- that these important provisions, in- One is Noel Hillman, another is Peter ator LAUTENBERG, the chair and rank- cluding those in section 203 providing ing member of the Judiciary Com- Sheridan. These nominees have been voting access for language minorities, mittee, and the leadership in bringing approved by the Judiciary Committee. can be reauthorized this year. They are ready to go. We should not the nominations of the other two nomi- We worked together to report privacy delay the confirmation of these nominees, Noel Hillman and Peter Sheridan, legislation to the Senate last Novem- nations past this week. to the Senate floor for confirmation ber. Senate action on our bill is over- I offer thanks to Chairman SPECTER votes. This entire four-nominee pack- due. The recent theft of millions of vet- and Ranking Member LEAHY for mov- age is one that every New Jerseyan can erans’ personal information and the ing these nominees so efficiently and should be proud of. growing problem of identification theft through the process. I am confident There truly is no higher calling than remind us how important these issues these four individuals will serve the the calling of public service. That is are for so many Americans. people of New Jersey extremely well on why I am pleased to see people of this We have also worked together on the Federal bench. They will bring dis- quality who are willing to serve our competitiveness issues including the tinction to the court. We urge their Nation in the administration of justice. NOPEC legislation to clarify that our quick confirmation in the Senate. The confirmation of a judge to a life- antitrust laws should be applied to the I yield the floor. time appointment is a vital responsi- OPEC cartel, our broader bill on wind- The PRESIDENT pro tempore. The bility given to this body by the Con- fall oil company profits, and our bill to Senator from New Jersey. stitution and one I take very seriously. end the antitrust exemption for the in- Mr. MENENDEZ. Mr. President, I I join my colleague, Senator LAUTEN- surance industry. rise today in support of the nomination BERG, in support of Ms. Bumb and her We have made progress on several of Renee Bumb to be a U.S. district confirmation. I look forward to her issues, but our work is far from over. judge for the District of New Jersey. I continued service to our State and Na- There are only 13 weeks left in this leg- appreciate the opportunity to speak tion. I am confident she will put our islative session of the Senate and we about this outstanding individual that shared Rutgers education to good use. still have much that needs to get done. the White House has selected to serve I urge my colleagues to support the The Republican-controlled House and on the Federal bench. nomination of Renee M. Bumb to serve Senate have yet to enact a Federal I take a moment to share with our on the U.S. District Court for the Dis- budget and are in violation of the stat- colleagues a few of her accomplish- trict of New Jersey. utory deadline of April 15. We have yet ments. Ms. Bumb is a graduate of Ohio Mr. LEAHY. Mr. President, as we re- to pass a single appropriations bill, and State University and the University of sume consideration of judicial nomina- we are required by law to pass 13. We Chicago Graduate School of Inter- tions today, it is worth taking stock of have yet to reconcile and enact the national Relations. She attended my the mileposts we have passed and those emergency supplemental appropria- own alma mater, Rutgers University we are working toward. Chairman tions bill that has been pending for School of Law in Newark, where she SPECTER has now chaired the Judiciary months and that includes funding for served as editor in chief of the law re- Committee for 17 months. I congratu- Iraq and Katrina victims and other view and has been a loyal New late him on that. The committee has matters. We have yet to reconcile and Jerseyan ever since. been extremely active, and we have enact lobbying reform and ethics legis- Ms. Bumb’s reputation in the south- achieved a good deal working together. lation. We have yet to deal with the ern New Jersey legal community is We reported a bill to provide com- skyrocketing cost of gasoline. We have both well known and exceptional. As pensation to asbestos victims and yet to reconcile and enact a bipartisan assistant U.S. attorney, Ms. Bumb has began its consideration in the Senate. and comprehensive immigration re- been known for many efforts and is a Just recently, we joined together to in- form bill. We need to enact stronger staunch anticorruption prosecutor. She troduce a new version of our legisla- privacy protection legislation, espe- is best known for her prosecution of tion, to note the passing of our friend cially in the wake of the theft of infor- the former Camden City mayor. She Judge Becker and to recommit our- mation on more than 26 million vet- has twice received the Director’s selves to finishing this bipartisan task erans. We have yet to enact stem cell

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5437 research legislation. We need to reau- the lowest vacancy rate in decades. ical fortunes, writing that he should, thorize the Voting Rights Act. We have More than half these vacancies are ‘‘[p]ush for the confirmation of his cir- yet to enact patent reform legislation. without a nominee. The Congressional cuit judges that are pending. Talk And I hope that we will take up, pass Research Service has recently released about them by name. The G.O.P. wins and enact our asbestos compensation a study showing that this President judiciary fights.’’ legislation and my measure to speed has been the slowest in decades to Republican Senators are relishing lifesaving medicine to those in des- nominate and the Republican Senate picking fights over controversial judi- perate need. among the slowest to act. If they would cial nominees. Senator THUNE has said, I have urged that we exercise effec- concentrate on the needs of the courts, ‘‘A good fight on judges does nothing tive oversight of the executive branch, our Federal justice system and the but energize our base . . . . Right now and I have supported Chairman SPEC- needs of the American people, we would our folks are feeling a little flat.’’ Sen- TER’s efforts to get to the bottom of be much further along. ator CORNYN has said, ‘‘I think this is the NSA’s unprecedented program of Still, we have passed a milestone. excellent timing. From a political domestic spying on Americans without When the Senate votes today to con- standpoint, when we talk about judges, warrants. We need to make more firm Renee Bumb as a district court we win.’’ On May 8, 2006, The New York progress on this important front and to judge, the Republican-controlled Sen- Times reported: ‘‘Republicans are restore accountability and check and ate will have this year confirmed 17 ju- itching for a good election-year fight. balances in our Government. dicial nominations. That was the total Now they are about to get one: a re- One of the most important checks number of judges confirmed in the 1996 prise of last year’s Senate showdown and balances to unprecedented over- congressional session, when Repub- over judges.’’ The Washington Post re- reaching by the Bush-Cheney executive licans controlled the Senate and ported on May 10: ‘‘Republicans had re- branch is an independent judiciary. stalled the nominations of President vived debate on Kavanaugh and an- With respect to judicial nominations, Clinton. In the 1996 session, however, other Bush appellate nominee, Ter- we worked together in connection with Republicans would not confirm a single rence Boyle, in hopes of changing the the nominations of Chief Justice Rob- appellate court judge. All 17 confirma- pre-election subject from Iraq, high erts, whom I came to support, and Jus- tions were district court nominees. gasoline prices and bribery scandals.’’ tice Alito, whom I did not. I have That is the only session I can remem- We should not stand idly by as Re- sought to expedite consideration of ber in which the Senate has simply republicans choose to use lifetime federal qualified, consensus nominees and fused to consider a single appellate judgeships for partisan political advan- urged the President to work with us to court nomination. That was part of tage. In a May 11, 2006, editorial The make selections that unite all Ameri- their pocket filibuster strategy to stall Tennessean wrote: cans. and maintain vacancies so that a Re- ‘‘[T]he nation should look with complete Today we will proceed to confirm an- publican President could pack the dismay at the blatantly political angle on courts and tilt them decidedly to the nominations being advocated by Senate Re- other lifetime appointment to the Fed- publicans now. . . . Republicans are girding eral courts in New Jersey. With the right. In the important DC Circuit, the for a fight on judicial nominees for no reason support of the New Jersey Senators, we confirmation of Brett Kavanaugh was other than to be girding for a fight. They were able to confirm Judge Susan the culmination the Republicans’ dec- have admitted as much in public comments. Davis Wigenton just before the last re- ade-long attempt to pack the DC Cir- . . . In other words, picking a public fight cess. Her nomination, as well as the cuit that began with the stalling of over judicial nominees is, in their minds, the nomination of Renee Marie Bumb that Merrick Garland’s nomination in 1996 right thing to do because it’s the politically we are considering today, were re- and continued with the blocking of right thing to do. . . . Now, Republicans are advocating a brawl for openly political purported favorably by the Judiciary Com- President Clinton’s other well-qualified poses. The appointment of judges deserves mittee to the Senate more than a nominees, Elena Kagan and Allen Sny- far more respect than to be an admitted elec- month ago. der. tion-year ploy. . . . It should be beneath the Rather than proceed to those nomi- Of course, with the confirmation Senate to have such a serious matter sub- nations promptly, the Republican lead- today, we will tie that record of 17 con- jected to nothing but a tool for political ership of the Senate delayed their confirmations for the year. It is June, and gain.’’ sideration while proceeding over time we have a few more weeks in which to On May 3, 2006, The New York Times with circuit court nominations. I was make progress. There remain four more wrote in an editorial: ‘‘The Repub- cooperative in proceeding to the con- district court nominees on the calendar licans have long used judicial nomina- firmation of Judge Milan Smith to the whose consideration could be scheduled tions as a way of placating the far Ninth Circuit. His confirmation dem- for debate and vote but are being de- right of their party, and it appears that onstrated, again, that we can work to- layed—not by Democratic opposition— with President Bush sinking in the gether. I was pleased for his brother, but by Republican control. There is polls, they now want to offer up some the Senator from Oregon, and believe also another circuit court nominee on new appeals court judges to their con- that he will be a fine judge. the calendar who was reported with servative base.’’ Regrettably, the Senate Republican Democratic support from the Judiciary Consider the President’s nomination leadership chose not to move to any of Committee and whose confirmation of Judge Terrence Boyle to the Fourth the four district court nominations could be scheduled for debate and vote. Circuit. We have learned from recent from New Jersey, or the two nomina- Successful consideration of those five news reports that, as a sitting U.S. dis- tions to district courts in Michigan additional nominees will bring the Sen- trict judge and while a circuit court that their home State Democratic Sen- ate’s total judicial confirmations to 22, nominee, Judge Boyle ruled on mul- ators have reached out to support. In- thereby matching the total achieved tiple cases involving corporations in stead, they forced debate on another all last year. which he held investments. In at least controversial nomination, that of a But the road ahead is likely to be one instance, he is alleged to have White House insider selected for a life- rocky. In the runup to the Kavanaugh bought General Electric stock while time position on the DC Circuit as a re- nomination debate, we saw that the presiding over a lawsuit in which Gen- ward for his loyalty to President Bush. Senate Republican leadership is appar- eral Electric was accused of illegally I did not support confirmation of Brett ently heeding the advice of The Wall denying disability benefits to a long- Kavanaugh. That was the fight that Street Journal editorial page, which time employee. Two months later, he the Republican leader had promised the wrote, ‘‘[a] filibuster fight would be ex- ruled in favor of GE and denied the em- narrow special interest groups of the actly the sort of political battle Repub- ployee’s claim for long term and pen- rightwing of his party. licans need to energize conservative sion disability benefits. Whether it The President and Senate Republican voters after their recent months of de- turns out that Judge Boyle broke Fed- leadership continue to pick fights over spond.’’ Rich Lowery, editor of the con- eral law or canons of judicial ethics, judicial nominations rather than focus servative National Review, listed a these types of conflicts of interest have on filing vacancies. Judicial vacancies fight over judges as one of the ways no place on the Federal bench. Cer- have now grown to more than 50 from President Bush could revive his polit- tainly, they should not be rewarded

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5438 CONGRESSIONAL RECORD — SENATE June 6, 2006 with a promotion to the Fourth Cir- poor vetting of important nominations. This former Defense Department and cuit. Certainly, they should be inves- If the White House had its way, we Justice Department insider now sits on tigated. would already have confirmed Claude the Ninth Circuit for life. The President should heed the call of Allen to the Fourth Circuit. He is the Finally, there is the more recent North Carolina Police Benevolent As- Bush administration insider who re- nomination of Michael Wallace to a va- sociation, the North Carolina Troopers’ cently resigned his position as a top cancy on the Fifth Circuit. Mr. Wallace Association, the Police Benevolent As- domestic policy adviser to the Presi- received the first ABA rating of unani- sociations from South Carolina and dent. Ultimately, we learned why he mously ‘‘not qualified’’ that I have Virginia, the National Association of resigned when he was arrested for seen for a circuit court nominee since Police Organizations, the Professional fraudulent conduct over an extended President Reagan. Yet that is one of Fire Fighters and Paramedics of North period of time. Had we Democrats not the controversial nominations we can Carolina, as well as the advice of Sen- objected to the White House attempt to expect the Republican Senate to target ator John Edwards, and withdraw his shift a circuit judgeship from Maryland for action given their track record. ill-advised nomination of Judge Ter- to Virginia, someone now the subject Working together we could do better. rence Boyle. Law enforcement from of a criminal prosecution for the equiv- I made the point when in the 17 months North Carolina and law enforcement alent of stealing from retail stores I chaired the Judiciary Committee we from across the country oppose the would be a sitting judge on the Fourth proceeded to confirm 100 judicial nomi- nomination. Civil rights groups oppose Circuit confirmed with a Republican nees of President Bush. I urge the White House to work with us. I hope the nomination. Those knowledgeable rubberstamp. that the Republican-controlled Senate and respectful of judicial ethics oppose Yet another controversial pending will stop rubberstamping this Presi- this nomination. This nomination has nomination is that of Norman Randy dent’s nominees and stop using con- been pending on the calendar in the Re- Smith to the Ninth Circuit. This nomi- troversial judicial nominations to nation is another occasion on which publican-controlled Senate since June score partisan political points. Our this President is seeking to steal a cir- of last year when it was forced out of courts are too important. The rights cuit court seat from one State and re- the Committee on a party-line vote. It and liberties of the American people assign it to another one, one with Re- should be withdrawn. are too important. The courts are the Also on the calendar is the nomina- publican Senators. That is wrong. I only check and balance left to protect support Senators FEINSTEIN and BOXER tion of William Myers to the Ninth Cir- the American people and provide some in their opposition to this tactic. I cuit. This is another administration in- oversight of the actions of this Presi- have suggested a way to resolve two sider and lobbyist whose record has dent. made him extremely controversial. I difficult situations if the President I suggest the absence of a quorum. opposed this nomination when it was were to renominate Mr. SMITH to fill The PRESIDING OFFICER (Mr. considered by the Judiciary Committee the Idaho vacancy on the Ninth Cir- DEMINT). The clerk will call the roll. in March 2005. He was a nominee who cuit, instead of a vacancy for a Cali- The bill clerk proceeded to call the the so-called Gang of 14 expressly listed fornia seat. Regrettably, the White roll. as someone for whom they made no House has not followed up on my sug- Mr. SANTORUM. Mr. President, I commitment to vote for cloture, and gestion. ask unanimous consent that the order with good reason. His anti-environ- A complicit Republican-controlled for the quorum call be rescinded. mental record is reason enough to op- Senate remains all too eager to act as The PRESIDING OFFICER. Without pose his confirmation. His lack of inde- a rubberstamp for the Bush-Cheney ad- objection, it is so ordered. pendence is another. If anyone sought ministration. The nomination of The hour of 10:20 having arrived, the to proceed to this nomination, there Kavanaugh was one of the few to be vote is to occur on the nomination. would be a need to explore his connec- downgraded by the ABA upon further Mr. SANTORUM. Mr. President, I tions with the lobbying scandals asso- review. Until the Republican-con- ask for the yeas and nays. ciated with the Interior Department trolled Senate proceeded to confirm The PRESIDING OFFICER. Is there a and Jack Abramoff. This nomination this White House insider, I cannot re- sufficient second? There is a sufficient should also be withdrawn. call anyone being confirmed after such second. A few months ago, the President a development. Another first, and an- Mr. SANTORUM. I thank the Chair. The PRESIDING OFFICER. The withdrew the nomination of Judge other problematic confirmation that ill question is, Will the Senate advise and James Payne to the Court of Appeals serves the American people. consent to the nomination of Renee for the 10th Circuit after information Another troubling nomination is that Marie Bumb, of New Jersey, to be a became public about that nominee’s of William James Haynes to the Fourth United States District Judge for the rulings in a number of cases in which Circuit, which has been pending in the Republican-controlled Senate without District of New Jersey? he appears, like Judge Boyle, to have On this question, the yeas and nays action for 3 years. Mr. Haynes is the had conflicts of interest. Those con- have been ordered. The clerk will call general counsel at the Defense Depart- flicts were pointed out not by the ad- the roll. ministration’s screening process or by ment and was deeply involved devel- The assistant legislative clerk called the ABA but by journalists. oping the torture policies, detention the roll. Judge Payne joins a long list of and interrogation policies, military Mr. MCCONNELL. The following Sen- nominations by this President that tribunals, and other controversial as- ators were necessarily absent: the Sen- have been withdrawn. Among the more pects of the manner in which this ad- ator from Tennessee (Mr. FRIST), the well known are Bernard Kerik to head ministration has proceeded unilater- Senator from Montana (Mr. BURNS), the Department of Homeland Security ally to make mistakes and exceed its the Senator from Idaho (Mr. CRAPO), and Harriet Miers to the Supreme legal authority. Concerns about the the Senator from New Mexico (Mr. Court. It was, as I recall, reporting in a Haynes nomination may not be con- DOMENICI), the Senator from Nebraska national magazine that doomed the fined to Democratic Senators, accord- (Mr. HAGEL), the Senator from Utah Kerik nomination. It was opposition ing to recent press reports. (Mr. HATCH), and the Senator from Mis- within the President’s own party that I trust that the Senate will not re- souri (Mr. TALENT). doomed the Miers nomination. peat the mistake it made before. It was Further, if present and voting, the During the last few months, Presi- only after Jay Bybee was confirmed to Senator from Tennessee (Mr. FRIST) dent Bush also withdrew the nomina- a lifetime appointment to the Ninth would have voted ‘‘yea.’’ tions of Judge Henry Saad to the Court Circuit that we learned of his involve- Mr. DURBIN. I announce that the of Appeals for the Sixth Circuit and ment with the infamous Bybee memo Senator from New Mexico (Mr. BINGA- Judge Daniel P. Ryan to the Eastern seeking to justify torture and degrad- MAN), the Senator from West Virginia District of Michigan after his ABA rating treatment. I had asked him what (Mr. ROCKEFELLER), the Senator from ing was downgraded. he had worked on while head of the De- Maryland (Mr. SARBANES), and the Sen- It is not as if we have not been vic- partment of Justice’s Office of Legal ator from New York (Mr. SCHUMER) are timized before by the White House’s Counsel, but he had refused to respond. necessarily absent.

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5439 The PRESIDING OFFICER. Are there American Battle Monuments Commis- were the first delegation that anyone any other Senators in the Chamber de- sion. We traveled through Europe and could remember to ever do what we siring to vote? northern Africa paying Memorial Day did. Not only do I hope we are not the The yeas and nays resulted—yeas 89, tributes to the men and women buried last, I hope it is an annual occasion nays 0, as follows: on those foreign shores. where Members of the Senate go and [Rollcall Vote No. 162 Ex.] I have to tell my colleagues, it was a pay their respects to the brave Ameri- YEAS—89 life-altering experience for me. I am a cans who died in the great wars of Eu- patriotic American. I love this country rope, World War I and World War II; for Akaka Dole McCain Alexander Dorgan McConnell more than anything on the face of this without them, we would not enjoy Allard Durbin Menendez Earth. I have teared up more than once what we do today, nor would the world Allen Ensign Mikulski at the funeral of a friend who died in enjoy the peace and the freedom and Baucus Enzi Murkowski the service of this country. But I have the liberty that it treasures and it en- Bayh Feingold Murray never seen the outpouring of love and joys. Bennett Feinstein Nelson (FL) Biden Graham Nelson (NE) respect for our country or for our serv- So on this day of June 6, 2006, 62 Bond Grassley Obama icemen than I saw in the Netherlands years after 2,500 Americans died and Boxer Gregg Pryor or in Belgium or outside of Paris or at tens of thousands of Americans pur- Brownback Harkin Reed Bunning Hutchison Bellewood outside of Paris or in Tuni- sued the German Army in France, I Reid Burr Inhofe sia at the American cemetery in north- know what I will do tonight when I say Roberts Byrd Inouye Salazar ern Africa. my prayers. I will say a special prayer Cantwell Isakson I think it is appropriate for us to me- for those folks I never knew but with- Carper Jeffords Santorum Chafee Johnson Sessions morialize today what those of us who out whom I never could have lived the Chambliss Kennedy Shelby traveled on this trip saw to hopefully life that I have, and I will say thanks. Clinton Kerry Smith inspire other Members of the Senate, I will repeat the pledge I made to my- Snowe Coburn Kohl and hopefully every American at one self on the cemetery of Normandy. I Cochran Kyl Specter Coleman Landrieu Stabenow point in time in their life, to travel to said: Before I die, I am going to see to Collins Lautenberg Stevens these marvelous memorials. I have it that my children and my grand- Conrad Leahy Sununu been in elected office for most of the children get to visit this scene and Cornyn Levin Thomas have this experience because only Craig Lieberman Thune last 30 years. I have done more Memo- Dayton Lincoln Vitter rial Day ceremonies than one would through the preservation of the mem- DeMint Lott Voinovich want to count. They have all been ory of what those men fought and died DeWine Lugar Warner beautiful, they have all been meaning- for will we as Americans ever be able Dodd Martinez Wyden ful, but, quite frankly, they usually to continue to make the commitments NOT VOTING—11 aren’t very well attended because we have around the world to preserve Bingaman Frist Sarbanes Americans more often than not take liberty, preserve democracy, and pro- Burns Hagel Schumer Memorial Day as a 3-day vacation or a tect the people of the world’s right to Crapo Hatch Talent determine their own future and their Domenici Rockefeller 3-day weekend. But I would like to tell you what the people of Margraten in own peace and their own liberty. The nomination was confirmed. the Netherlands take Memorial Day as. So, Mr. President, on this day, June The PRESIDING OFFICER. Under When we went to the American ceme- 6, 2006, I thank God for the men and the previous order, the President will tery in the Netherlands and saw the women of the U.S. military, for the be immediately notified of the Senate’s over 6,000 graves of the American men leadership of the 20th century, and action. and women who died in liberating the pray that all of us will have the cour- f Netherlands, we were moved. We were age they had to continue to preserve LEGISLATIVE SESSION more moved by the fact that every one the liberty we all treasure and enjoy. of those graves is adopted by a citizen I yield the floor. The PRESIDING OFFICER. Under of the Netherlands who cares for that f the previous order, the Senate will now grave, leaves flowers at that grave, and resume legislative session. MARRIAGE PROTECTION AMEND- attends the ceremonies on Memorial MENT—MOTION TO PROCEED The Senator from Georgia. Day, the American Memorial Day, Mr. ISAKSON. Mr. President, I ask which we conduct. On that day in the The PRESIDING OFFICER. Under unanimous consent to address the Sen- Netherlands there were over 7,000 citi- the previous order, the Senate will re- ate as in morning business. zens—7,000 Dutch—who came to pay sume consideration of S.J. Res. 1, The PRESIDING OFFICER. Without tribute to the men and women of the which the clerk will report. The assistant legislative clerk read objection, it is so ordered. United States of America who died on as follows: f their soil so they could be free. The royal Dutch Air Force did a missing Motion to proceed to the consideration of EXPERIENCING MEMORIAL DAY S.J. Res. 1, proposing an amendment to the CELEBRATIONS ON FOREIGN SOILS man fly-over formation, and the senior Constitution of the United States relating to men’s choir of Holland sang ‘‘God Bless Mr. ISAKSON. Mr. President, I would marriage. America.’’ It was a moving scene un- The PRESIDING OFFICER (Mr. like to call everybody’s attention to like anything I have personally seen. It the special day that today is. Today is SUNUNU). The Senator from Colorado. renewed, for me, the faith and pride I Mr. ALLARD. Mr. President, I ask the 6th day of June. Sixty-two years have in all that is good about the ago today on the shores of France and unanimous consent that the time United States of America. today from 6 to 6:30 be under the con- Normandy, Omaha Beach, Sword Following that visit, we went to Nor- Beach, American troops and allied trol of the majority and from 6:30 to 7 mandy. We saw the monument the o’clock be under the control of the mi- forces invaded France, pushed back the French had erected to the Rangers who German Army, pushed through the nority. stormed the Normandy cliffs and The PRESIDING OFFICER. Is there Battle of the Bulge, and ultimately moved in and rooted out the Germans. objection? into Germany, and today, you and I We went to Omaha Beach and saw first- Mr. LEAHY. We have no objection. enjoy freedom and liberty in this coun- hand where the American troops came The PRESIDING OFFICER. Without try, as Europe enjoys its freedom, and across, where the Canadian troops objection, it is so ordered. as, in fact, the world enjoys its freedom came across, where the British troops Mr. ALLARD. Mr. President, I ask because of what those brave men and came across. We saw where in one day that LARRY CRAIG be added as a co- women did. 2,500 men of America died on the beach- sponsor to S.J. Res. 1. This past week, I had a unique occa- es of Normandy so that all of us today The PRESIDING OFFICER. Without sion to travel with the chairman of the can live in freedom and in hope and in objection, it is so ordered. Veterans’ Affairs Committee, Senator peace. Mr. ALLARD. Mr. President, we are CRAIG from Idaho, and with GEN Jack I commend Chairman CRAIG for mak- now talking about S.J. Res. 1, the Pro- Nicholson, who is the chairman of the ing this delegation. We found out we tection of Marriage Amendment. We

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5440 CONGRESSIONAL RECORD — SENATE June 6, 2006 have an allocation of time that has ture, political party, ideology and eth- solely between one man and one been set out for the Republican side. nicity. Marriage is not a partisan issue. woman—just as it has been defined for Later on there will be an allocation, I Marriage is embraced and intuitively thousands of years in hundreds of cul- understand, of the Democrats’ time. understood to be a union between a tures around the world. I will allocate myself 20 minutes. man and a woman by Republicans, The second sentence simply ensures Would the Presiding Officer notify me Democrats, and Independents alike. that the people or their elected rep- when I have used 17 minutes of that? As an expression of this cultural resentatives, not judges, can decide The PRESIDING OFFICER. The value, the definition of marriage is in- whether to confer the legal incidents of Chair will notify the Senator. corporated into the very fabric of civic marriage on people. Citizens remain Mr. ALLARD. Mr. President, respect policy. It is the root from which fami- free to act through their legislatures to for the democratic process compels lies and communities are grown. Mar- bestow whatever benefits to same-sex this Congress to protect traditional riage is the one bond on which all other couples that they choose. It is aimed marriage in the face of a coordinated bonds are built. squarely at the problem of judicial ac- effort to redefine marriage through the Marriage is not some controversial tivism. courts. ideology being forced upon an unwill- Just as important as what it does do, Marriage, the union between a man ing populace by the government, it is is what it does not do. I have said it and a woman, has been the foundation in fact the opposite. Marriage is the time and time again and I say here of every civilization in human history. ideal held by the people and the gov- again today for the record: The amend- It is incorporated into the fabric of our ernment has long reflected this. The ment does not seek to prohibit, in any culture and civic life. It is the platform broadly embraced union of a woman way, the lawful, democratic creation of on which children, families, and com- and a man is understood to be the ideal civil unions or domestic partnerships. munities are nurtured. union from which people live and chil- It does not prohibit private employers Unfortunately, the U.S. Constitution dren best blossom and thrive. from offering benefits to same-sex cou- is being amended to reflect a new defi- As we have heard in hours of testi- ples. It denies no existing rights. What our amendment does is to de- nition of marriage, not by democrat- mony, in eight hearings, in numerous fine and protect traditional marriage ically elected Members of Congress but Senate committees over the last sev- at the highest level, the U.S. Constitu- by unaccountable and unelected judges. eral years, marriage is a pretty good tion. Importantly, the consideration of As a result, I introduced S.J. Res. 1, thing. A good marriage facilitates a this amendment in the Senate rep- an amendment to the Constitution more stable community, allows kids to resents the discussion of marriage in that simply defines marriage as the grow up with fewer difficulties, in- America in a democratic body of elect- ‘‘union of a man and a woman,’’ while creases the lifespan and quality of life ed officials. I am not willing to sur- leaving State legislatures the freedom of those involved, reduces the likeli- to address the question of civil unions. render this issue to the courts. hood of incidences of chemical abuse I also believe it is important to make Democracy and representative gov- and violent crime, and contributes to clear that on the question of federalism ernment are at the core of this debate. the overall health of the family. It is and States’ rights I stand where I al- In 2004 and 2005, voters in 14 Sates over- no wonder so many single adults long ways have. While an indisputable defi- whelmingly passed constitutional to be married, to raise kids, and to nition of marriage will be a part of our amendments protecting marriage. have families. Constitution, all other questions will Today, 19 States have constitutional Today there are numerous efforts to be left to the States. amendments protecting marriage and redefine marriage to be something that Contrary to assertions of those who another 26 have statutes designed to it isn’t. When it comes to same-gender believe my amendment infringes on the protect traditional marriage. The will couples there is a problem of defini- rights of the States, my amendment of the people is clear. tion. Two women or two men simply do actually protects States’ rights. Forty- Unfortunately, dissatisfied with the not meet the criteria for marriage as it five States have spoken with laws or outcome of the democratic process, ac- has been defined for thousands of constitutional amendments designed to tivists have intensified their campaign years. Marriage is, as it always has protect traditional marriage. Unfortu- to circumvent the democratic process been, a union between a man and a nately, same-sex advocates have, and redefine marriage through the woman. through the courts, systematically and courts. Currently nine States face law- I believe the Framers of the Con- successfully trampled on laws demo- suits challenging traditional marriage stitution felt that this would never be cratically enacted in the States. If laws. Among these lawsuits are chal- an issue—and if they had it would have marriage is redefined for anybody, it is lenges to State constitutional amend- been included in the U.S. Constitution. redefined for everybody. My amendments passed by an overwhelming ma- Like the vast majority of Americans, it ment takes the issue out of the hands jority of voters. would have never occurred to me that of a handful of activist judges and puts Recent decisions by activist judges the definition of marriage, or marriage it squarely back in the hands of the not only fail to respect the traditional itself, would be the source of con- people. definition of marriage, they also high- troversy. Not too long ago it would Now is the time for Congress to ful- light a lack of respect for the demo- have been wholly inconceivable that fill its responsibility and send a con- cratic process. The courts are driving a this definition—this institution that is stitutional amendment to the States redefinition of marriage contrary to marriage—would be challenged, rede- for ratification. democratic principles. fined or attacked. But we are here Marrige, the union between a man The process to amend the U.S. Con- today because it is. and a woman, has been the foundation stitution is the most democratic in the As a result of this coordinated cam- of every civilization in human history. world, requiring two-thirds of Congress paign to redefine marriage through the This debate is not about politics or dis- and three-fourths of the States to rat- courts, we stand here today, compelled crimination, it is about marriage and ify. It is a process the American people by respect for the democratic process, democracy. can trust. to publicly debate an amendment to Unfortunately, the U.S. Constitution If we fail to define marriage, the the U.S. Constitution. Again, this is being amended to reflect a new defi- courts will not hesitate to do it for us. amendment simply reads: nition of marriage—not by democrat- My amendment reflects my belief Marriage in the United States shall consist ically elected Members of Congress but that the institution of marriage is too only of the union of a man and a woman. by unaccountable and unelected judges. precious to surrender to the whims of a Neither this Constitution, nor the con- If we fail to define marriage, the courts handful of unelected, activist judges. stitution of any State, shall be construed to will not hesitate to do it for us. The will of the people should prevail. require that marriage or the legal incidents I, for one, believe that the institution Marriage is the foundation of every thereof be conferred upon any union other of marriage and the principles of de- civilization in human history. As I said than the union of a man and a woman. mocracy are too precious to surrender before, the definition of marriage The first sentence is straightforward: to the whims of a handful of unelected, crosses all bounds of race, religion, cul- It defines marriage as an institution activist judges.

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5441 Mr. President, I have behind me a what a large majority of houses have provided for in the amendment. Yet the number of charts I would like to go said. basics of it say marriage is the union of over for Members of the Senate. This is The red reflects what has happened a man and a woman, as it has been as what the amendment is all about: in regard to a constitutional amend- an institution for thousands of years. Marriage in the United States shall consist ment. We have 19 States that have So I thank my friend from Colorado only of the union of a man and a woman. passed those constitutional amend- for carrying this. It is a difficult topic. Neither this Constitution, nor the Constitu- ments and a number of amendments I would never have dreamed in my life, tion of any State, shall be construed to re- are pending before the States. in coming to the Senate, that this quire that marriage or the legal incidents Now let me look at the following would be a difficult topic, one that thereof be conferred upon any union other chart, and this is the number of States would be debated. When I came into than the union of a man and a woman. in which marriage laws have been chal- the Senate in 1996, this was not dis- In this very simple-to-understand lenged in court. Between 1992 and 1994, cussed at all in the campaigns. It was chart form I have laid out for Members we had 5 cases that were challenged in not discussed in the campaign in 1998. of the Senate exactly what happens court, and as these cases have accumu- It has only been of a recent vintage when it is sent to the States and what lated through the years, now, in 2006, that this has come forward. Yet it has it does to the courts. The State and we have 22 cases that have been chal- come forward because of the impor- Federal courts, what can they impose? lenged. So we have a significant threat tance of the topic. They cannot redefine marriage. The from the courts. This is an important I want to discuss two points. This courts cannot go ahead and redefine issue to the American people, it is an issue is going to be defined by the civil unions or domestic partnerships. important issue to the Congress, and it courts or the legislative bodies, period. The courts cannot grant rights or bene- is something that should be addressed. We seek to have it defined by legisla- fits of marriage. But it doesn’t affect in I believe that the institution of mar- tive bodies. We think that is the appro- any way employee benefits offered by riage and the principles of democracy priate thing when you are dealing with private businesses. are simply too precious to surrender to such a fundamental institution of soci- Then we go down and look at the leg- the whims of a handful of unelected ac- ety as marriage. It should be defined by islatures. What can they do? They tivist judges. I urge my colleagues to the people and the legislative bodies can’t redefine marriage. But they can join me in supporting the Marriage and not the courts. The situation in deal with the creation of civil unions Protection Amendment. Europe, as it evolved, went through the or domestic partnerships—that is left I now yield the floor. court process. Therefore, we seek for up to the State legislatures, granting The PRESIDING OFFICER. The Sen- these changes, if they are to be made, the rights or benefits of marriage. ator has used 15 minutes. to go through the legislative body. I Again, that is left up to the State leg- The Senator from Kansas. believe that marriage is such a islatures. Again, through the States, Mr. BROWNBACK. I believe under a foundational institution it should be we don’t mandate anything that affects previous agreement I am recognized for defined as the union of a man and private businesses. a period up to 20 minutes; is that cor- woman, and I will cover that in my dis- The next chart I would like to show rect? cussion. to my colleagues in the Senate is how The PRESIDING OFFICER. There is No. 2, this is important on how we America is weighing in on the issue of no agreement. The majority controls raise the next generation in the United marriage. We have a map of the United the 45 minutes remaining until the States. That is why we have favored States here that clearly outlines those hour of 12 o’clock. The Senator from the institution of traditional marriage, States where amendments have Kansas is recognized. the union of a man and a woman, be- passed—in the dark green. If we look at Mr. BROWNBACK. I thank the Chair. cause we know in all the social data in those results from within the States, I ask if you would let me know when I all societies at all times that the best the State that passed with the least have used 15 minutes of that time. place to raise children is in the union majority was Oregon with 57 percent, The PRESIDING OFFICER. Without of a man and a woman and in that sa- and the largest majority—it looks like objection, it is so ordered. cred institution is the best place to it was in Mississippi: 86 percent. But Mr. BROWNBACK. I thank my col- raise your next generation, with that the average margin of where States league from Colorado, Senator ALLARD, bonding together for life and children have enacted the constitutional for his carrying of this amendment. raised in that setting. amendment is greater than 70 percent. When the issue first surfaced a couple That is something for which we have Then we see that marriage amend- of years ago, Senator ALLARD was the got social data, but also we know that ments are expected in 2006 in a number first one to put forward a constitu- in our hearts. We know, sitting here of States throughout the country. The tional amendment on the issue of mar- right now, that, yes, that is the best percentage of the voters who support riage, a very simple one to define the place. I know that. I know that in my the idea of the definition of marriage is union of marriage as a man and a own heart. Yet I want to take us a large percentage, a large margin. woman. through what has happened to this Now I would like to go to our next The issue has taken many twists and weakened institution of marriage, chart to outline what the States have turns since that time. The institution what has happened then to our next done to protect traditional marriage itself has been weakened over a number generation. Here I am using the Moy- through statutory and constitutional of years, and this is an effort to help it, nihan principle. Senator Moynihan, defense of marriage acts. The blue lines help strengthen that institution and to who was in this body, since deceased, show how the States have acted on the have the definition of this institution had a basic principle that he looked at. definition of marriage as it was al- done by legislative bodies and not by One of the key things we should look lowed to occur through the defense of courts. at is how we raise the next generation. marriage acts. Obviously, we all recall This is a very simple amendment. It It is something that any legislative that in the Senate we passed the De- is hard for me to understand why anybody should be most concerned about fense of Marriage Act by a large per- body would oppose it when 45 of 50 because it affects what you are going centage and it passed the House by a States have defined marriage as the to do in the future. It affects what the large percentage. And it also passed in union of a man and a woman, and this country is going to be in the future. many States with a large percentage, simply says that if States want to de- And so we should maximize and look with 45 States ending up passing the fine it differently, they have to go with great intensity at how you are Defense of Marriage Act. The problem through the legislative process and not impacting that next generation. I have with the Defense of Marriage Act is it the courts, so that the Court can’t to say, with the weakening of the insti- will not hold up against State chal- force it. It must be done by a legisla- tution of marriage over the past 30 to lenges. Those court cases that have tive body. And if some States decide to 40 years, with this redefining of mar- been brought forward could have an ad- do that, then that is provided for in riage, which would define marriage out verse impact on what a large majority this amendment. So the five States of existence, which is what we have of State legislatures have said and that have done something different are seen in other countries, you are going

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5442 CONGRESSIONAL RECORD — SENATE June 6, 2006 to harm your next generations and suc- There are only two ways known to man Now, what has happened to our chil- ceeding generations that you raise. and to God to reduce poverty. No. 1 is work dren in this society since, say, 1960. I want to back that up. I am going to and No. 2 is marriage. The number of children—I showed an go through a series of charts to paint Here’s what I want to show is if peo- earlier chart—about a third are born the picture of what has happened to ple will get married and stay married out of wedlock. In the 1940s, it was marriage in America today and why we the number of children suffering in about 4 percent. You can look at 1960, would encourage the institution of long-term poverty goes down substan- the number of children, either born out marriage as the union of a man and a tially, if you will do that. And I want of wedlock or in previous years the par- woman. to develop this a little bit further. ents were divorced, in 1960, we are up This doesn’t need explanation. You Children in poverty—this is in the to 16, 17 percent, and today you are can see where we are. With a 4-percent year 2000. You can see, if a child has looking at over half. In America today, rate of out-of-wedlock births in 1930, been a child of a first marriage, less about half of the children under age 18 we are at about a third of the children than 12 percent in poverty. You can will spend a significant portion of their in the United States today born to un- see, if a child is in a situation where life in a single-parent household. married women. the mom has never married, 67 percent Again, you can raise good children in That is not to say you cannot raise of your children in poverty come in that setting, but the numbers start that situation. Again, that is not cast- great children in this setting because moving against you. you can. A number of women struggle ing aspersions on anybody. It is simply OK. What does that have to do with heroically to raise children, and good saying these are the facts of what hap- same-sex marriage. The issue is we are children, in this setting, as they can pened. looking at the policy choice of why we Now, it is a bit of a sidebar, but it do. As I will show in these charts, it be- define marriage as the union between a points to the policy impact of harming comes far more difficult, and that is man and a woman or any sort of group- marriage. In other words, if we take why institutions such as this and ing. The experience in other countries policies that are harmful to marriage, across the States, across the country, has been, when you redefine marriage it hurts children and it hurts marriage. favor traditional marriage because you broadly and you broaden it and say it If we take this policy move of defining get more adults per child involved in can be any type of relationship be- that child’s life and they are bonded to- marriage out of existence, saying it can be any two or more people who tween two or more people, you get gether. They are thick. The blood is fewer marriages and you hurt your thick. They care for each other and care for each other, it will fundamentally hurt your institution of marriage children. That has been the situation. they work to raise this child as my I will go to several other countries wife and I are working together to by a policy move. Now, I want to reflect a policy move that have redefined marriage, defined raise our children. It is tough. It is we did in welfare. In welfare, basically, marriage out of existence. In the Neth- tough raising children. You need more we said—it is a very busy chart—we erlands, since proposals for same-sex adults per child, and you need adults said to people if you get married, we marriage began to be debated, the out- who are committed for life so that that are going to cut your welfare support. of-wedlock birthrate has soared. It was child does not have to worry about If you get married, we are going to cut a fairly stable country in out-of-wed- what is going to happen tomorrow or your welfare support. What this shows lock births and was at low rate. what is going to happen in the future. are the various welfare programs in the We will show in the next chart the They know there are two parents who country and it is those when you are same-sex marriage union, and the dis- love that child unconditionally and are going from $20,000 income per year, cussion, said to society: It really does committed to that child uncondition- very low, to $40,000, which is where you not matter. The marriage institution is ally and they are going to work for get if two people get married, and I will not a sacred institution; it is just that child and that is why we favor the develop this further, you fall off into whatever we define it to be. That tradi- institution of marriage. Yet you can the abyss as far as support you get tion is tradition. We are going to go a see we are getting fewer and fewer chil- from child care development funds, different way. dren raised in that type of situation. women and infant children, Federal What happened to out-of-wedlock Now, then I mentioned, well, OK, you housing, food stamps, all these things, birthrates? You can see the situation can raise good children in a single-par- you fall off the cliff to the point that in the Netherlands, which is particu- ent household. Yes, you can. But the you have an effective tax rate, if you larly important because it was one of situation becomes more difficult. De- get married and your income gets to the lowest out-of-wedlock birthrate velopmental problems are less common $40,000 by being married, an 88-percent countries in Europe for a number of in two-parent families. Lower half of maximum tax rate for you getting years, shows that until 1980, below 5 class academically, as you can see in married in the welfare system. There- percent of the population was born out the green, is not as high in two-parent fore, it is no wonder that the people of wedlock. When we get the court families; developmental delays, 10 per- who get married are much more in the cases which we have in the United cent. You are looking at, again, almost upper income and much less in the States today saying marriage should be double the situation, and you are look- lower income. redefined, we see the impact, as well as ing at double the problems with emo- This is a stark chart that should a Supreme Court case that rules tional behavior problems, single-parent scare us all. This is income levels to against marriage being the union of a versus two-parent families. That percentage unmarried. And you can see man and a woman. Then we get sym- doesn’t mean that you don’t have prob- at the lower income level, you are up bolic marriage registration, registered lems in two-parent families. You do. It as high as 70 percent not married, not partnership, same-sex unions, and now is just your numbers go down. So when getting married. Our public policies we are up to 35 percent as seen in this you are looking at this in a say, if you get married, we are going to skyrocketing chart. macrosituation, as a Government, you throw you off welfare, and so fewer One can say, that is the way it is, are saying we want more children in people get married. And it has an im- this number puts children in more dis- these two-parent households. pact. advantaged situations, which is where The next chart shows that nearly 80 I want to show this final one quite our concerns should be, as to how you percent of all children suffering long- quickly. This is the effective tax rate, raise that next generation. term poverty come from broken or maximum highest tax rate of you get- I will show another chart. We not never married families. This is some- ting married on welfare and it is 88 per- only know this in the Netherlands but thing I want to develop a little further cent, the impact of divorce on income we know from Scandinavian countries, as well. We have a Brookings scholar, of families with children. Again, I want the Nordic countries that redefined Ron Haskin, who testified at a hearing to hit this pretty fast. When families marriage, experiences in Scandinavia I hosted about welfare reform and the separate, it drives income down, hurts and the Netherlands make it clear that need to encourage marriage for those children generally, although not in all same-sex marriage could widen the sep- who are receiving welfare. And he says situations, but I am painting the aration between marriage and parent- this: macropicture. hood here in the United States.

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5443 We know in some Nordic countries, Mr. ALLARD. Mr. President, I com- ability, inheritance, and child custody cross- you have counties now where 80 per- pliment the Senator from Kansas for ing state lines—requires a uniform definition cent of the first-born children are born his tremendous effort and work on this of marriage. In a free society, certain fundamental out of wedlock, and two-thirds of the very important issue. I know he has questions must be addressed and settled for second children are born out of wed- held hours upon hours of committee the good of that society. States can’t impair lock. That has a significant impact, I hearings and meetings to investigate the obligation of contracts, or coin their own argue, a devastating impact, on how with social scientists the impact of money, or experiment with forms of non-re- that next generation is raised, given marriage on American lives and how it publican government. We learned the hard the difficulty of raising children in impacts the family. way that the nation could not endure half I, for one, greatly appreciate the Sen- slave and half free. that one-parent union. If marriage is a fundamental social institu- So if we redefine marriage, and de- ator’s effort and support. He truly has tion, then it’s fundamental for all of society. fine it downward, far less heterosexual been a partner in this effort to protect As such, it is not only reasonable but obliga- marriages will be the broad policy im- marriage. I appreciate his hard work. I tory that it be preferred and defended in the pact of doing this. That has been the recognize that in a public way. law and, if necessary, protected in the U.S. experience in other countries. You get I ask unanimous consent to have Constitution. This doesn’t mean that marriage must be more children raised in a sub-optimal printed in the RECORD an article pub- completely nationalized or should become atmosphere and you will have more dif- lished by the Heritage Foundation, the regulatory responsibility of the federal ficulties with that next generation of written by Mr. Ed Meese, titled ‘‘Mar- government. Policy decisions concerning children. This is important. This is riage Amendment Protects Fed- questions such as degrees of consanguinity, critical. eralism,’’ and a Statement of Adminis- the age of consent, and the rules of divorce I hear my colleagues complain, im- tration Policy on the Senate Joint Res- should remain with the states. portant issues? I remind my colleagues olution on the Marriage Protection The wisdom of extending certain benefits we spent 2 weeks before break on immi- Amendment, and a letter I have re- that stop well short of marriage—that don’t gration, which is a critical topic, and undermine the distinctive status of mar- ceived from Mitt Romney, Governor of riage—are policy questions that should be we will take up the budget this next the Commonwealth of Massachusetts, the responsibility of state legislatures. week, another a critical topic, yet I in which he made a couple of state- But we must protect the integrity of the don’t think one can look at an institu- ments that I will share with my col- institution as such by defining the societal tional question more profound, more leagues. boundaries and determining the limits be- important and active than what is tak- First, he states in this letter: yond which no part of society can go. ing place right now on the issue of A constitutional amendment that defines Americans are tolerant, generous, and kind marriage would protect the states’ capacity marriage. people. We all oppose bigotry and disparage- to regulate marriage by sustaining it as an Marriage is a foundational institu- ment, and we all wish to avoid hurtful dis- institution. In order to guard the states’ lib- tion. If we get more of it, we will have regard of the feelings of others. But the de- erty to determine marriage policy in accord more stronger, healthier children, bate over same-sex marriage is not a debate with the principles of federalism, society as raised in better situations for the fu- over tolerance. It is a debate about the pur- a whole must prevent the institution itself ture of the country. If we get less of it, pose of the institution of marriage. from being redefined out of existence or such as what this policy decision would It goes further to talk of his experi- abolished altogether. do if we do not define marriage as a ences as Governor for the State of Mas- STATEMENT OF ADMINISTRATION POLICY union of a man and a woman, we will sachusetts. He says: S.J. RES. 1—MARRIAGE PROTECTION AMENDMENT have more problems on a trajectory we . . . We are beginning to see the effects of the new legal logic in Massachusetts just (Senator Allard (R) Colorado and 31 are already headed on. The institution cosponsors) of marriage has been weakened in the two years into our state’s social experiment. For instance, our birth certificate is being The Administration strongly supports Sen- United States. challenged: Same sex couples want the terms ate passage of the Marriage Protection The institution of marriage has been ‘‘Mother’’ and ‘‘Father’’ replaced with ‘‘Par- Amendment. Recent court decisions remind weakened over the past 40 years. But ent A’’ and ‘‘Parent B.’’ us that when activist judges insist on rede- the answer is not to kill it. The answer If the Senate will allow me to put fining the fundamental institution of marriage for their States or potentially for the is to strengthen it. And it takes steps this in context, I think the significance like the commonsense approach Sen- entire country, the only alternative left to of his message is that marriage is being make the people’s voice heard is an amend- ator ALLARD from Colorado is putting minimalized. When we minimize mar- forward, defining marriage as a union ment to the Constitution. Without a con- riage, we minimize its significance to stitutional amendment, judges and local offi- between a man and a woman, saying society. As a result of that, our chil- cials could continue to attempt to redefine only State legislatures, not the courts, dren will suffer. marriage. The Administration believes that can redefine it another way. I thank the President for his support. the future of marriage in America should be That should please everyone. Yet, I I also thank Governor Mitt Romney for decided through the democratic constitu- am afraid many of my colleagues on tional amendment process, rather than by his support. the court orders of a few. The Administra- the other side of the aisle are going the I ask unanimous consent these be opposite and claiming some sort of hy- tion urges both houses to pass the Marriage printed in the RECORD. perbole about this being bigotry. It is Protection Amendment and submit it to the There being no objection, the mate- States for ratification. not. It is people deeply concerned rial was ordered to be printed in the about the future of the country and the RECORD, as follows: THE COMMONWEALTH OF MASSACHU- future of the next generation, con- SETTS, EXECUTIVE DEPARTMENT, MARRIAGE AMENDMENT PROTECTS cerned that they will say it is just poli- STATE HOUSE, FEDERALISM tics. It is not. You have 45 of 50 States Boston, MA, June 2, 2006. (By Edwin Meese III) that have defined marriage as a union Senator WAYNE ALLARD, of a man and a woman and have spent July 12, 2004.—In our system of law, the Dirksen Senate Office Building, powers of government are divided between significant resources to define and sup- Washington, DC. the federal and state governments. The fram- DEAR SENATOR: Next week, you will vote port the institution of marriage be- ers rightly left marriage policy, as so many on a proposed amendment to the United cause of its importance to the society other things, with the states. States Constitution protecting the institu- and to the Republic. This is a key, im- Yet the fundamental definition of mar- tion of marriage. As Governor of the state portant debate. riage is no mere policy issue. We’re talking most directly affected by this amendment, I I am delighted the leadership is call- about the very integrity and meaning of one hope my perspectives will encourage you to ing this up. I hope my colleagues on of the primary elements of civil society. vote ‘‘yes.’’ the other side of the aisle will support Nor is this a matter for state-by-state ex- Americans are tolerant, generous, and kind perimentation. Society isn’t harmed when people. We all oppose bigotry and disparage- it. high-tax states live side by side with low-tax ment, and we all wish to avoid hurtful dis- With that, I yield the floor. states. The market adjusts to the inconsist- regard of the feelings of others. But the de- The PRESIDING OFFICER. The Sen- ency. Not so with marriage. A highly inte- bate over same sex marriage is not a debate ator has used 17 minutes. grated society such as ours—with questions over tolerance. It is a debate about the pur- The Senator from Colorado. of property ownership, tax and economic li- pose of the institution of marriage.

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5444 CONGRESSIONAL RECORD — SENATE June 6, 2006 Attaching the word marriage to the asso- Kansas, Mr. BROWNBACK, for his great we have had conversations, Is this the ciation of same-sex individuals mistakenly work in the committee in moving this right time? presumes that marriage is principally a mat- constitutional amendment forward. We had a Nebraska decision which ter of adult benefits and adult rights. In fact, This is a very difficult debate for a has been talked about where a Federal marriage is principally about the nurturing and development of children. And the suc- lot of people. It is very hard, sort of sad court overturned the State constitu- cessful development of children is critical to in some respects, that we are here talk- tional amendment in the State of Ne- the preservation and success of our nation. ing about the issue of marriage, that braska. There was a case in Wash- Our society, like all known civilizations in talking about marriage is somehow a ington State. Washington State is an recorded history, has favored the union of a difficult debate. But it is for a lot of interesting State because, unlike Mas- man and a woman with the special designa- people. I know in many meetings of our sachusetts, there is no residency re- tion and benefits of marriage. In this re- colleagues when the issue of marriage quirement for marriage. Any couple spect, it has elevated the relationship of a le- comes up, heads drop. It is an issue from anywhere in the country can go gally bound man and woman over other relationships. This recognizes that the ideal set- that people feel uncomfortable talking to Washington and get married if the ting for nurturing and developing children is about, something that maybe in some Supreme Court of Washington were to a home where there is a mother and a father. respects they feel like, Why is this overturn their statute. Washington so In order to protect the institution of mar- even an issue? far has not issued their opinion. They riage, we must prevent it from being rede- That is a good question. Why is it an have had the case for 15 months and for fined by judges like those here in Massachu- issue? I will talk about that in a some reason or another they have not setts who think that marriage is an ‘‘evolv- minute. decided to decide. We were waiting, ing paradigm,’’ and that the traditional defi- There is a foundational question I trying to see if this was an appropriate nition is ‘‘rooted in persistent prejudices’’ would like to talk about that up until and amounts to ‘‘invidious discrimination.’’ time. Although the full impact of same-sex mar- a couple of days ago I was not planning Last year we decided that we were riage may not be measured for decades or to talk about, which is, Why are we not going to wait around for courts and generations, we are beginning to see the ef- doing this now? This is the big buzz in we set this date for the first of June. fects of the new legal logic in Massachusetts the media. Oh, this is being brought up That is why we are here today—not for just two years into our state’s social experi- for political purposes; and this is all any political reason. If it was purely ment. For instance, our birth certificate is about politics and has nothing to do politics, we would be debating this in being challenged: same-sex couples want the with the substance of the matter, and September. We are debating it in June terms ‘‘Mother’’ and ‘‘Father’’ replaced with ‘‘Parent A’’ and ‘‘Parent B.’’ the media—which loves to pawn off because we thought we would have 3 or In our schools, children are being in- issues and give spin to issues—has 4 days as opposed to being compressed structed that there is no difference between adopted this approach. to 1 day in September. So we are here same-sex marriage and traditional marriage. As Senator ALLARD would affirm, we to give this the proper attention this Recently, parents of a second grader in one have been considering now for several vitally important issue deserves. public school complained when they were not months what the best timing would be The other question that I did want to notified that their son’s teacher would read to bring this legislation up. We had a talk about is, How did we get here, not a fairy tale about same-sex marriage to the very forceful voice being heard from why are we doing it now, but how did class. In the story, a prince chooses to marry the American public. In fact, there is a another prince, instead of a princess. The this issue come about? There were a parents asked for the opportunity to opt chart of all the States that approved couple of States that were playing their child out of hearing such stories. In re- constitutional amendments in the last around with this issue for a while— sponse, the school superintendent insisted on election of 2004. We are now up to 19 Vermont and Hawaii. But the issue ‘‘teaching children about the world they live States in the country that have spo- really got jump-started with the court in, and in Massachusetts same sex marriage ken; the people have spoken in those decision—not surprisingly, a big court is legal.’’ Once a society establishes that it is States. decision—the court decision that oc- legally indifferent between traditional mar- There was a lot of momentum com- curred in Washington with the United riage and same-sex marriage, how can one ing out of the 2004 election, so when we preserve any practice which favors the union States Supreme Court is the Lawrence of a man and a woman? reconvened in 2005 we thought maybe v. Texas case. Some argue that our principles of fed- this was a good time to bring it up, Lawrence v. Texas opened the flood- eralism and local control require us to leave now that we have just had an election. gates for a variety of different litiga- the issue of same sex marriage to the We thought, in looking at this, it tion going across this country using, states—which means, as a practical matter, would be better if we had more court now, a constitutional right established to state courts. Such an argument denies the activity between the election and when by the United States Supreme Court in realities of modern life and would create a we bring this amendment up. That, Lawrence. It was a seminal decision, chaotic patchwork of inconsistent laws really, the issue is, as we have heard throughout the country. Marriage is not just there is no question about it. an activity or practice which is confined to repeatedly in the Senate, we are trying We have a classic example of the U.S. the border of anyone state. It is a status that to bring about a decision on marriage Court forcing its will on establishing a is carried from state to state. Because of in this country through a democratic right and then giving other courts the this, and because Americans conduct their fi- process. right or the ability to then project its nancial and legal lives in a united country I can’t think of anything more demo- power on to the people, to make deci- bound by interstate institutions, a national cratic involving more people than a sions and force decisions, force legisla- definition of marriage is necessary. constitutional amendment. It takes tion, as in the case of Massachusetts, Your vote on this amendment should not two-thirds of this House, two-thirds of onto the people. be guided by a concern for adult rights. This matter goes to the development and well- the other House and three- quarters of I want to talk about that decision be- being of children. I hope that you will make the States; 38 States have to ratify this cause I think it is important, but I your vote heard on their behalf. amendment. Talk about a public de- want to talk about the decision before Best regards, bate where there is huge public input that. Just a few years ago, 15 years be- MITT ROMNEY, across America. The constitutional fore Lawrence v. Texas was decided, a Governor. amendment is the way to do it. It is similar case was decided, Bowers v. Mr. ALLARD. I yield to the Senator the most democratic way of making a Hardwick. I want to take a look at Jus- from Pennsylvania, who has been a decision on anything in this country. tice White who wrote for the majority strong leader and who has put in a We thought it would be a good jux- in Bowers, saying sodomy laws were large amount of effort in trying to pro- taposition to see further court erosion, constitutional, that moral laws passed tect the institution of marriage. further decisions made by courts to by the States dealing with sexuality The PRESIDING OFFICER. The Sen- erode the public’s will on the issue of were, in fact, constitutional. There was ator from Pennsylvania. marriage. I say the ‘‘public’s will’’ only no constitutional right that barred Mr. SANTORUM. Mr. President, I because we have 19 States and many States and the public from regulating thank and congratulate the Senator others that have said what there really in this area. He said: from Colorado for his terrific work on is with respect to marriage. So we are The right pressed upon us here [this is this issue, as well as the Senator from debating, almost month to month, and what the litigants in the Bowers case were

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5445 arguing] has no similar support in the text of person, the conduct can be but one element Here in the Goodrich decision, it the Constitution, it does not qualify for rec- in a personal bond that is more enduring,’’ says: ognition under the prevailing principles for what justification could there possibly be for It is clear from the quote below that the construing the 14th amendment. Its limits denying the benefits of marriage to homo- Goodrich decision was considered the ‘‘log- are also difficult to discern . . . sexual couples exercising ‘‘[t]he liberty pro- ical next step.’’ tected by the Constitution.’’ Surely not the This limit of consensual sexual activ- Our concern is with the Massachusetts ity being a constitutional right which encouragement of procreation, since the sterile and the elderly are allowed to marry. Constitution as a charter of governance for was made by the litigants, saying we The case ‘‘does not involve’’ the issue of ho- every person properly within its reach. ‘‘Our have the right as individual adults mosexual marriage only if one— obligation is to define the liberty of all, not a mandate of our own moral code.’’ under the Constitution to any kind of And they are quoting the majority sexual behavior that we desire and the opinion again because the majority There they were quoting Lawrence v. State cannot limit us. opinion said this doesn’t deal with Texas. It went on to note that the Law- He said: marriage, Scalia says this case does rence case ‘‘specifically affirmed that Its limits were difficult to discern . . . And not involve the issue of homosexual the core concept of common human if respondent’s submission is limited to the marriage— dignity protected by the Fourteenth voluntary sexual conduct between con- Amendment to the United States Con- senting adults, it would be difficult, except entertains the belief that principle and logic have nothing to do with the decisions of this stitution precludes government intru- by fiat, to limit the claimed right to homo- sion into the deeply personal realms of sexual conduct while leaving exposed to Court. prosecution adultery, incest, and other sex- The fact is, principle and logic have consensual adult expressions of inti- ual crimes even though they are committed everything to do with judicial deci- macy and one’s choice of an intimate in the home. We are unwilling start down sions. That is the problem with them. partner. The Court also reaffirmed the that road. That is why they are different from central role that decisions whether to What the Court said here was that if legislative decisions. You see, when a marry or have children bear in shaping you open up the standard, the legal court makes a judicial decision, they one’s identity.’’ standard, if you change it for a con- do so based on a judicial foundation The ‘‘logical next step,’’ so the Good- stitutionally protected activity from that has a logical and rational basis to rich decision is very much in con- that activity within marriage to that it and logical consequences. The log- formity with the Lawrence v. Texas de- activity between consenting adults— ical consequence to the Lawrence v. cision. That is why we are here. We are and that was the decision here, change Texas case is the next case, not a Su- here because of judicial activism. the standard from a Constitution that preme Court case before the U.S. Su- Our plea to the Members of the Sen- protects the marital union from State preme Court but before involving Mas- ate is to allow the people to make the intrusion to consenting adults with re- sachusetts. decision with respect to this spect to homosexual activity—in this What Massachusetts did was the log- foundational institution of our coun- case, the Court said: No, we can’t go ical thing from Lawrence v. Texas. In try—the traditional family, marriage— there. Because only by fiat could we fact, they cite Lawrence v. Texas 5 that courts who just happen to be de- then limit other activity beyond that. times in the main opinion and 11 times ciding a case that didn’t need them to Let’s fast forward to shortly before in the combined majority opinions. It decide it this way or use this logic or the Lawrence v. Texas decision. is the basis upon which they build their rationale, that courts just can’t decide If . . . you have the right to consensual sex decision. Because unlike the majority that they want to involve themselves within your home, then you have the right opinion in Lawrence v. Texas which into legislative affairs and send shock to bigamy, you have the right to polygamy, says this has nothing to do with mar- waves throughout our culture without you have the right to incest, you have the riage, it had everything to do with the public having a right to say some- right to adultery. You have the right to do marriage. thing, without the public having a anything. The interesting thing about the Law- right to put their stamp of approval on That comment has been reprinted rence v. Texas decision—and this goes what is moral and just. probably 100,000 times in the last few even more to judicial activism—they Some have said that the States can years as an outrageous comment made could have decided the Lawrence v. handle this. Some have said this is a by a U.S. Senator. It was the same Texas decision for the plaintiffs in that federalist issue; We should not have comment that was made by Justice decision. They could have found that Federal legislation on this; This is White in the majority opinion. statute unconstitutional. And in fact, usurping States rights. Let’s fast forward a few months after had they done so—and in fact, they did I don’t know what involves the that, Justice Scalia in the dissenting in part of their opinion; they found it States more than having every State opinion in the Lawrence v. Texas case: unconstitutional under equal protec- legislature in the country debate this State laws against bigamy, same-sex mar- tion grounds—had they limited their issue. That is not usurping States riage, adult incest, prostitution, masturba- opinion to that, I would have agreed rights; that is placing in the hands of tion, adultery, fornication, bestiality, and with the decision. I think the Texas the States the decision as to whether obscenity are likewise sustainable only in to move forward. Thirty-eight of the light of Bowers’ validation of laws based on statute probably was unconstitutional moral choices. Every single one of these laws under equal protection grounds. And so fifty States have to affirm this con- is called into question by today’s decision; when they started the decision out and stitutional amendment. This is not an the Court makes no effort to cabin the scope they said: This is unconstitutional be- easy thing to do. That is why we don’t of its decision to exclude them from its hold- cause of equal protection, I said that is have very many amendments to the ing. right. Constitution. But it is a purely demo- What he is saying is that now that Here is what the court did and, unfor- cratic process, just like the debate in road which Justice White and the tunately, what courts increasingly do. the Senate. I think we should give the Court back in 1986 refused to go down, While we are here, we are going to es- States, the people, the right to make this Court in Lawrence v. Texas had tablish a new constitutional right. this decision before a group of headed us down that road. While we are here, since we have the unelected judges, following the lead of Justice Scalia went on to say: opportunity, since this case is before the U.S. Supreme Court, do it for us. Today’s opinion dismantles the structure us, we are going to be activist jurists, First and foremost, this constitu- of constitutional law that has permitted a and we are going to create a whole new tional amendment is about democracy. distinction to be made between heterosexual body of law that will have huge ripples It is about the people expressing their and homosexual unions, insofar as formal throughout society. So they did. They will on potentially the greatest moral recognition in marriage is concerned. If didn’t have to, but they did. We are issue of our time, and that is the integ- moral disapprobation of homosexual conduct now debating this amendment because rity of the traditional family. That is is ‘‘no legitimate state interest’’ for purposes of proscribing that conduct; and if, as the of it. They have this ripple effect which issue No. 1. Court coos (casting aside all pretense of neu- we are seeing throughout courts Issue No. 2 is an important one, also. trality), ‘‘[w]hen sexuality finds overt ex- throughout the country, Federal as I heard the Senator from Kansas talk pression in intimate conduct with another well as State. about this eloquently, so I won’t spend

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5446 CONGRESSIONAL RECORD — SENATE June 6, 2006 a lot of time. He did as good a job as line here? As Justice White said, it The PRESIDING OFFICER. Without any on the issue. That is the impact of would be by fiat to draw the line. objection, it is so ordered. the deconstruction of marriage on soci- So we have a situation where without Mr. REID. Mr. President, I just re- ety. I heard the Senator from Kansas question, marriage would be under- turned from my State of Nevada. For say that marriage is already in trouble mined by this deconstruction. In fact, example, I did an event that received a in America. There is certainly little to we see it. I have an article by Stanley lot of attention dealing with gas prices. argue that that is not true. It is true, Kurtz on what is going on in Europe, in Gas prices are so significant. Nevada marriage is in trouble. But I agree with countries that have, in fact, changed has the third highest gas prices in all him by saying just because something the definition of marriage. Those coun- the country. Unfortunately, we have is in trouble doesn’t mean you need to tries are now seeing dramatic declines been in second place on occasion. It is get rid of it altogether. Without ques- in the number of marriages, not in- not unusual to drive by a service station, once you change marriage from creases in the numbers of same-sex tion in Nevada and see the three dif- an institution whose societal purpose marriages but declines in the number ferent prices and the bottom one is is focused on having children, being an of heterosexual marriages and dra- $3.40. The average price last week was institution that is the best place to matic and steady increases in the num- $3.19 a gallon. rear future generations of society, once ber of children being born out of wed- What are we doing on the Senate you change marriage from being prin- lock. floor today? No matter how a person cipally about children, although not I ask unanimous consent for 2 addi- feels about the marriage amendment, exclusively, certainly, but principally tional minutes. everyone knows it is not going to pass. The PRESIDING OFFICER (Mr. about children, to exclusively about It is not going to come close to pass- BURR). Without objection, it is so or- adults, then you change marriage for- ing. We voted on this a short time ago dered. ever. Mr. SANTORUM. Mr. President, the and got 48 votes. It takes 67 votes for a We did that in part 30-plus years ago final point I want to make—and I will constitutional amendment to begin the with no-fault divorce laws. When they try to come back to the floor when I process. This is not what the American came into place, they said children will have more time—is regarding the im- people want to talk about. All you be helped by this. There will be fewer pact of this movement in the country have to do is listen to the conservative unhappy homes. I don’t think there is a by the courts on religious freedom. talk shows, the liberal talk shows, read whole lot of evidence out there that There was an article written, which the newspapers, the liberal columnists, would suggest children have been was on the front cover of the Weekly the conservative columnists. With rare helped by the rapid increase in divorce. Standard, called ‘‘Banned in Boston,’’ exception, they say we are wasting the I know the Senator from Kansas had where Maggie Gallagher talks about taxpayers’ time doing this. some charts up of how children in two- Catholic Charities in Boston having to We have a war in Iraq going on. Are parent families don’t end up in poverty get out of the adoption business be- we having a discussion on the war in as much, do better in school. I don’t cause they will not consent, under Iraq, where yesterday 80 Iraqis were know of a social indicator out there their Catholic orthodox faith, to place killed, 7 having their heads cut off and that doesn’t suggest that being in a children into same-sex couple homes. put in a marketplace in baskets? Are married home is not more beneficial It is against the Catholic faith to do so. we talking about that? We have sol- for children. That is certainly not to There is a very clear message from diers valiantly fighting every day over say that children raised in single-par- Rome that this is not proper behavior. there, Mr. President. We have been ent homes can’t and don’t do well. They were refused their license, and struggling to get a supplemental appro- Most do. But the point is, society now one of the longest standing adop- priations bill completed. They need our should be advocating for what is best tion agencies in Massachusetts no help. for children and should set a standard longer places children for adoption. In Nevada, like every other State in for what is best. Why? Because all around faith, all the Union, we have hundreds of thou- We know what is best. We know it in- around churches and parachurch orga- sands of people who have no health in- trinsically, but we have supporting evi- nizations, and missionary organiza- surance. The State of Nevada leads the dence as to what is best for children— tions is, whether we like it or not, the country in uninsured. The prescription less substance abuse, less abuse or ne- Government. drug bill was passed dealing with Medi- glect, less criminal activity, less early When the Government comes down care. It has been a nightmare for sen- sexual activity, fewer out-of-wedlock with things that are contrary to that iors and a gift for HMOs, pharma- births, fewer behavioral problems. It faith group there will be friction. ceuticals, and insurance companies. goes on and on. We know marriage is In fact, Mark Stern, who is a lawyer When I was in college, I studied, among inherently good for children. for the American Jewish Committee, is other things, political science. I don’t We also know that when we destroy quoted as saying: know why, but it stuck in my mind. marriage, when we deconstruct mar- It is going to be a train wreck, a very dan- A professor named Harmon Judd riage, bad things happen. We saw that gerous train wreck. said: Let me explain this Federal sys- with no-fault divorce. More people got So not only will this new right that tem. What it means is, you have a cen- divorced. We changed the definition of the court has established in the follow- tral whole divided among self-gov- marriage, and we say marriage is no on—the right of same-sex marriage— erning parts. That was his definition. longer about children, no longer about going to cause problems with democ- What are those self-governing parts? the next generation. Marriage is sim- racy and problems with marriage, it is The 50 States; originally Thirteen ply the affirmation of affection of two going to create huge problems for our Colonies, now 50 States. They are doing adults. Or, as Justices Scalia and faith-based organizations. It is some- a pretty good job. Almost 50 States White suggested, why limit it there. thing that we need to address. Thank have either passed laws or constitu- Why not, as we see in cases now being you. tional amendments dealing with mar- filed all over the country, why not Mr. REID. Mr. President, I suggest riage. Over the top of that, we have the three adults, four adults, five adults? the absence of a quorum. Defense of Marriage Act, which has The PRESIDING OFFICER. The What is the difference from the stand- been attacked numerous times by peo- clerk will call the roll. point of a rationale? If marriage is not The bill clerk proceeded to call the ple trying to knock it out. It has been about one man and one woman for the roll. upheld by Federal courts three times, purpose of a relationship of which to Mr. SANTORUM. Mr. President, I which basically says—not basically—it have children and continue society, if ask unanimous consent that the order says a State does not have to give full it is about two women and two men or for the quorum call be rescinded. faith and credit to another State’s two women and three men, why not The PRESIDING OFFICER. Without marriage laws. It is up to the State to whatever arrangement? If gender does objection, it is so ordered. determine what the marriage law is. not matter anymore, why does number Mr. REID. Mr. President, I ask unan- That is what federalism is all about, as matter? What is the significance? What imous consent that the order for the set forth, among other places, in the is the logical argument to draw the quorum call be rescinded. Defense of Marriage Act.

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5447 We really need to focus on stem cell Mr. REID. That is right. ing his fortune in oil. He made it with research. There are hundreds of thou- Mr. DURBIN. Am I correct that Sen- Halliburton. Secretary of State sands of people crying for our help. ator FRIST and the Republican major- Condoleezza Rice was on the board of They believe, as does the scientific ity have decided that instead of the directors of Chevron. They liked her so community, that dread diseases can be war in Iraq where we continue to lose much they named a tanker after her. moderated and cured—things such as servicemen, instead of the energy crisis The Secretary of Commerce made his Parkinson’s disease, Alzheimer’s, Lou which forced the price of gasoline to fortune in oil. We could go on and on. Gehrig’s, and diabetes. But we are not record-high levels causing hardship to If we talk about the issues affecting talking about that today. families and individuals resulting in the American people, then maybe what Price gouging: Senator CANTWELL laying off workers across America, in- we would do is Senator MARIA CANT- had 57 or 58 votes a short time ago on stead of dealing with health care where WELL’s price-gouging bill. Exxon made a price-gouging amendment. We could over 46 million Americans have no $34 billion in net profit last year, which not break the logjam we had. We could health insurance whatsoever and many is the most money a corporation has not get enough support from the ma- have health insurance that is totally ever made in the history of America. jority. inadequate, instead of dealing with the So, no, the majority doesn’t want to I ask unanimous consent that the cost of higher education where working talk about these issues, about the tax Commerce Committee be discharged families are struggling to get their credit for sending kids to college. from further consideration of S. 1735, kids through school and children who Mr. DURBIN. If the Senator from Ne- the Energy Emergency Consumer Pro- are accepted at the best schools and vada will further yield for a question, I tection Act, and that the Senate pro- universities face a mountain of debt, ask the Senator, is it not true that the ceed to its immediate consideration. instead of dealing with those issues resolution before us would require 67 Before there is a response as to which rank in the top 10, is it true that votes in order to be approved by the whether this would be granted, I sug- the Republican majority has decided Senate? gest to those within the sound of my we need to focus this entire week in Mr. REID. That is true. Mr. DURBIN. And the last time we voice that this is a price-gouging the Senate on No. 33, issues involving considered this measure, some 48 Sen- amendment. I was told it was 57 votes gay marriage? in the Senate. I ask unanimous consent Mr. REID. I respond to my friend ators voted for it? It fell far short of that request be granted. that I am stunned. I am stunned that it what it needed. The PRESIDING OFFICER. Is there Mr. REID. Nineteen short. has taken weeks, weeks, weeks, and objection? Mr. DURBIN. So I ask the Senator weeks to even be able to deal with Mr. BROWNBACK. Reserving the from Nevada, does he reasonably be- right to object, and I will object, this money for our troops, the supplemental lieve now there are 67 votes or near 67 issue is going to come up in front of appropriations bill. I am in a quandary. votes for this resolution? the body on the overall energy situa- I am so grateful that I represent the Mr. REID. Mr. President, the distin- tion. The Republican leadership is people of Nevada in the Senate. But I guished Senator from Illinois knows, as working on that, as well as on a stem want to do things that I can talk to the I know, that there isn’t a person in the cell compromise, as well as on the sup- folks at home about that have rel- Senate who thinks this has any chance plemental bill, which will be consid- evance to their everyday lives, such as of passing—no chance of passing. It ered and brought forth in due order. gas prices, sending their kids to school. will get 48, 50, 51 votes. I don’t know This is not agreed to by the Republican Many academically talented children how many votes it will get. If it were a leadership to come up; therefore, I do are not able to go to school because straight up-or-down vote on an amend- object. their parents are not rich. ment, it would get less than that be- Mr. REID. Reclaiming my time, in Mr. DURBIN. If the Senator will cause some Republicans have said: This due consideration, Mr. President, ev- yield for an additional question, they is a procedural vote, I am going to vote erything around here with the major- say debate on the floor of the Senate is to allow it to go forward, but if it were ity is due consideration. We are going about the ‘‘M’’ word, about marriage. here, I probably wouldn’t vote for it. to do an energy bill after we finish gay It strikes me that it is not about the So you probably have in the Senate 41 marriage, estate tax, flag burning— preservation of marriage, it is about or 42 sound votes for this. things that are important to people but the preservation of the ‘‘majority,’’ the Mr. DURBIN. If I can ask the Senator are way down the list of priorities of Republican majority. That is the ‘‘M’’ from Nevada, how much time do we the people at home in Nevada. How word behind this debate. have? If we take a week and spend it on about an energy bill or stem cells? We I ask the Senator from Nevada, if a gay marriage amendment, and then a have been waiting more than a year to this issue is not creating a national week and spend it on a flag amend- do something on stem cells—more than problem or crisis, if it ranks so low ment, and then another week and a year. among the American people, 33rd on spend it on, let’s say, repealing the es- The PRESIDING OFFICER. Objec- the list of the important things facing tate tax on the wealthiest people in tion is heard. America, why, I ask the Senator from America, don’t we have a lot of time Mr. DURBIN. Through the Chair, I Nevada, has the Republican majority left before the election to consider ask if the Senator from Nevada is ignored all the issues that people care issues such as the war in Iraq, energy aware that the Gallup organization, about and count on us to do something costs, health insurance for all Amer- which does polling across America, did about? Why are they ignoring all these ican families, the cost of education, a poll of 1,000 Americans in April which issues and moving to this issue of gay and the appropriations bills? How asked them the following question: marriage and proposing a constitu- much time do we have if we take 3 What do you think is the most impor- tional amendment? weeks? tant problem facing America today? Mr. REID. Mr. President, the chair- Mr. REID. Approximately 45 legisla- I would like to ask the Senator from man of the Judiciary Committee on the tive days, that is all. Nevada if he knows where the issue of floor yesterday said this issue dealing Mr. DURBIN. Before the election. gay marriage came in on this poll of with marriage is a solution in search of Mr. REID. That is right. Americans about the most important a problem. It is being done, I believe, to Mr. DURBIN. I ask the Senator from issues facing America today? divert, distort, and confuse Americans Nevada, he says we have 45 days, and Mr. REID. I really don’t know. as to what the real problems are. Do we are going to spend 3 or 4 days this Mr. DURBIN. I will alert the Senator anything possible, but don’t talk about week on an amendment that doesn’t from Nevada that it tied for 33rd in the gas prices because if we talk about gas have any chance, that ranks 33rd in a list of priorities for America today. prices, we would have to bring out on Gallup poll when it comes to the inter- I ask the Senator from Nevada, since the floor that the most oil-friendly ests of the American people—I return the Republican majority controls the Presidency in the history of this coun- to the same basic question: Why? Why Senate, they set the agenda for things try is now at 1600 Pennsylvania Ave- are we doing this? Why aren’t we focus- that we debate and vote on; do they nue. The President made his fortune in ing on issues that count if we have so not? oil. Vice President CHENEY is still mak- little time?

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5448 CONGRESSIONAL RECORD — SENATE June 6, 2006 Mr. REID. One of the Democratic issues, bills that we can pass, some- dent Bush has been in office, there has Senators spoke with the majority lead- thing that has some meaning, having been a dramatic increase in this na- er. The majority leader said these the President lead a charge on health tional debt? things need to come up every year or care reform, not little specks of things Is it not also true that this Presi- two. That is the reason. here? How about doing something here dent, despite a war which saps away $2 Mr. DURBIN. I ask the Senator from to lessen our dependence on foreign oil. billion or more every week, he has Nevada, it is a shame—I ask him, does We use in America 21 million barrels of called for tax cuts on the wealthiest he think that perhaps if this should oil a day—21 million barrels of oil people in America and continues to come up every year, even though it every day, every day, 66 percent of it is call for those tax cuts, despite this def- doesn’t have a chance of passing, from foreign sources. We have less than icit? And I ask the Senator from Ne- whether or not we should consider 3 percent, counting what is in Alaska, vada, is that what fiscal conservatism bringing up every year an effort to for the United States. We can’t drill is all about? make health care more affordable for our way out of our problems. I say to Mr. REID. My only correction of the the American people, whether we ought my friend from Illinois, maybe that is distinguished Senator is it is $2.5 bil- to consider every year dealing with the what it is all about. lion a week the war is costing us, about war in Iraq that continues to claim Mr. DURBIN. If I might ask through $10 billion a month. I mentioned, I say American lives, whether we ought to be the Chair the Senator from Nevada, the to my friend, the definition I got in passing new ethics laws to reform the Democratic leader, did we not attend college about a central hole divided lobbying system in Washington? I ask the State of the Union Address just a into self-governing parts of the States. the Senator from Nevada, if we are few months ago when the President I always thought the Republican ma- going to have an annual occurrence, if said America was addicted to oil? It jority, as it is now, believed in States these are, in fact, perennial issues, was the lead in all the stories the next rights. That is what federalism is all aren’t there some that should be as a day: America is addicted to oil. Then about. matter of course called before the Sen- we saw the gasoline prices skyrocket Where in this debate, that shouldn’t ate? causing all these hardships. be taking place on the floor right now, Mr. REID. Maybe—I think it has I ask the Senator from Nevada: Have is there any inkling of States rights? been about a year; I have lost track of we received a proposal from this White None. Forty-five States have already, the time—maybe what we are going to House, from this administration since through statute or constitutional be coming up with after these, maybe that famous State of the Union Ad- amendment, as in Nevada—Nevada we will have the Schiavo matter come dress suggesting how we can change amended its constitution on this issue. up again. What does the Senator think America’s energy policies to make us But where are my friends, my Repub- of that? less dependent on foreign oil, to pro- lican friends? Where are they on this Mr. DURBIN. I say to the Senator tect American consumers and busi- issue of States rights? This isn’t the from Nevada, asking this question, nesses, to punish profiteering, to pro- first time we have brought up issues isn’t it true the last time the Repub- mote the kind of energy innovation that have been defeated, defeated, defeated. lican leadership got in trouble in the which will lead to conservation, effi- Medical malpractice is something the House, when the majority leader, TOM ciency, less pollution, and less depend- State of Nevada took on on its own, set DELAY, was in his difficulty, that ence on foreign oil? Have we heard that their own rules. The Governor called a someone brought up the issue of inter- kind of leadership from the White special session of the legislature. We vening in the tragedy of Terry Schiavo House to contrast with what the Presi- now have rules in the State of Nevada in Florida, injecting the Federal courts dent called for that we spend this week dealing with medical malpractice. into the hospital room when this poor on a constitutional amendment which That is not good enough for this Re- family had spent 15 years, when this has no chance of passing? publican majority. We have voted, I be- young woman was on life support, that Mr. REID. It is a matter of priorities, lieve, three times on a national law all the courts having decided that the I say to my friend, a matter of prior- dealing with medical malpractice— family could make the decision, the ities, what is important to this admin- take the States out of the picture. most intimate personal decision, the istration. Obviously, it is not gas So I ask my friend, he being involved Republican leaders in the House and prices. Obviously, it is not college tax in Government in one way or another Senate said: No, we are going to have deduction. Obviously, it is not this most of his adult life, does he remem- the Federal court step in and make the debt. ber the Republicans at one time stand- decision, take the power away from the I say to my friend, even in our con- ing for States rights? doctor and the families? versation this morning, we haven’t Mr. DURBIN. In query of the Senator Isn’t it interesting, I ask the Senator talked about the stagnant debt. And from Nevada, I ask him, I thought I un- from Nevada, that when they were fac- remember, in the last 3 years of the derstood the basic difference between ing all this grief over TOM DELAY and Clinton administration, the national Democrats and Republicans, that the ethical questions, they raised the debt was paid down by half a trillion so-called Republican conservative phi- Terry Schiavo issue, and now we find dollars approximately. What do we losophy was for fiscal conservatism, them raising the gay marriage issue have here? Red ink as far as you can avoiding debt. Now we have the largest because the polls are so low and the see. Have we heard anything from the debt in the history of the United States election draws near? President to lower this debt? and getting worse without any effort Mr. REID. We know, I say to my Mr. DURBIN. I ask the Senator from by the Republicans to deal with it. friend, what can be done in this body if Nevada the following question: Is it not Traditionally, the Republicans argue we get a nudge from the President, a true that 5 years ago—6 years now, al- the Government is best that governs little bipartisanship. Look what we most 6 years now when President Bush least and gives power to the local units did, I say to my friend. We spent sev- came to office—that as the Clinton ad- of government closest to the people. eral weeks on the Senate floor on a bi- ministration left, we had a surplus in Now we have with this amendment an partisan basis passing a comprehensive the Federal Treasury, that we were attempt to amend the Constitution and immigration reform bill. Why were we taking the surplus revenue collected in to preempt the power of the States to able to do that? Because the President America, paying down the long-term establish standards for marriage. decided to get involved in it. He de- debt of Social Security so that it would I ask the Senator from Nevada: Did cided it was time to do comprehensive be strong for years to come? Is it not we not honor States rights with the immigration reform, and I com- also true that when President Clinton passage of the Defense of Marriage Act plimented him on that. left office, the entire national debt ac- which said that no State shall be com- Isn’t that the way we should be legis- cumulated over the history of the pelled to recognize gay marriage if any lating around here, I say to my friend, United States was about $5.7 trillion or State should enact such a law, as Mas- the distinguished Senator from Illi- $5.8 trillion, and that today the na- sachusetts has? nois? Shouldn’t we be working in con- tional debt is bumping up against $9 I ask the Senator from Nevada: Isn’t junction with the White House on these trillion, and in the 6 years since Presi- the Defense of Marriage Act consistent

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5449 with States rights, and isn’t the pro- tion they produced was a monumental standable for the millions upon mil- posed constitutional amendment an as- achievement. But the Framers did not lions of Americans who are interested sault on the rights of States to estab- know at that time what a great in this amendment? It is amazing to lish the standards for marriage which achievement they had made, one that me that a little more than 2 weeks ago, they have throughout our history? would enable the United States, today, this Senate overwhelmingly approved Mr. REID. And I remind my friend, these 200-plus years later, to become an amendment to make English the na- the Defense of Marriage Act passed the oldest continuously surviving Re- tional language of the United States. when we had a Democratic President public form of government on Earth Yet today we debate an amendment to and a Democratic majority in the today. the U.S. Constitution—one of the most House and the Senate. I am quite sure Article V of the U.S. Constitution grave responsibilities incumbent upon that is right, at least in the Senate; I lays out the process for amending this Members of Congress—America’s don’t know about the House. We passed magnificent document. In their wis- founding document—and the second it because it was the right thing to dom, our Founding Fathers purpose- sentence of that proposed amendment do—States rights. fully made the task immensely formi- fails in many ways to speak with the The other point I suggest is that it is dable. Of both Houses of Congress, two- clarity of the English language to a wrong-placed priority doing this reso- thirds have to vote in favor of passing which our public is entitled. lution and nothing with homeland se- a proposed amendment. Subsequently, Some who have spoken in support of curity. Just last week, the Secretary of three-fourths of the states have to rat- this proposed amendment have em- Homeland Security decided that New ify that amendment over a period of ployed a box chart on the floor of the York, for example, would lose $200 mil- time. Senate, and I have asked unanimous lion. States all around the country will History documents that there have consent to include that in the RECORD have less money to protect themselves. been many attempts to amend the U.S. in an effort to demonstrate that the I would think that is worth a debate on Constitution. According to one study— resolution would protect marriage but the Senate floor. Does the Senator since 1789, over 10,000 amendments to permit States to recognize relation- from Illinois agree with that—home- the Constitution have been proposed in ships other than marriage. If this is the land security? Congress, but only 27 have ever been case, why not simply say so? Why not Mr. DURBIN. I respond to the Sen- ratified. simply say that the power to recognize ator from Nevada and ask a question. I With this historical framework in or to prohibit relationships other than ask the Senator: If someone were to mind, I have reviewed S.J. Res 1—the marriage shall be reserved to the sev- step back at this moment and say the Marriage Protection Amendment. eral States? Or why not simply drop Senate is debating a constitutional Mr. President, I ask unanimous con- the second sentence altogether if it is amendment, which everyone concedes sent that a document referred to as the confusing? Either option would clearly will not pass, we are going to spend the ‘‘box chart’’ be printed in the RECORD allow the 50 States to work their will whole week on it, and this issue ranks following my statement. on the issues of civil unions or domes- 33rd on the list of priorities of the The PRESIDING OFFICER. Without tic partnerships. I believe it is ex- American people, the States are al- objection, it is so ordered. tremely important that we leave to the ready dealing with it directly, they (See exhibit 1.) States that responsibility. have spoken to this through a variety Mr. WARNER. The proposed con- If we wrote the second sentence of constitutional amendments and stitutional amendment is simply two plainly, we wouldn’t need a box chart referenda in each and every State, vir- sentences. The first sentence reads to sit here on the floor and try to deci- tually every State, I ask the Senator that marriage in the United States pher it. from Nevada, does that lead to the con- shall only consist of the union of a man My own State, the Commonwealth of clusion the cynicism the American and a woman. This is a concept which Virginia, is trying to work its own will people feel toward Congress and the I have consistently voted in support on these issues right now. With the leadership, the Republican leadership, of—beginning with the Defense of Mar- lack of clarity in this proposed federal in this Senate has been verified by the riage Act in 1996, and basically on this amendment, I have to wonder whether agenda we are dealing with this week? same constitutional amendment 2 the proposed federal amendment re- Mr. REID. Our time has expired, and years ago. The time-honored, deeply spects the right of the several States to I say yes. rooted tradition of marriage between a act in this area. Mr. DURBIN. I yield the floor. man and a woman ought to be pro- As the second sentence of this pro- Mr. WARNER. Mr. President, I won- tected, and I support that. posed amendment is written now, the der if I might ask if we could extend But the second sentence of the pro- intent of the amendment simply isn’t the time over here for a few minutes, posed amendment gives me great con- clear. What if a State legislature want- maybe 5 minutes, to make a brief cern. It states that neither this Con- ed to pass a State constitutional statement on this issue. stitution, nor the constitution of any amendment to allow domestic partner- Mr. REID. The recess would be de- State, shall be construed to require ships? As I read this proposed amend- layed for 5 minutes? Is that the re- that marriage or the legal incidents ment, it would likely preclude a State quest? thereof be conferred upon any union legislature from so acting. This type of Mr. WARNER. Yes. other than the union of a man and a unnecessary confusion will undoubt- Mr. REID. No objection. woman. It gives me concern because I edly lead to considerable litigation if The PRESIDING OFFICER. Without don’t think the second sentence speaks this proposed amendment is accepted objection, it is so ordered. with the clarity to which the American in its current form. Mr. WARNER. I thank the distin- people are entitled. Any number of That, it seems to me, is not the duty guished leader. calls are coming into my office, as they of the Congress of the United States, to The PRESIDING OFFICER. The Sen- are to other Members, and clearly the write something that just calls upon ator from Virginia is recognized. callers are focusing on the first sen- the courts to try to determine what Mr. WARNER. Mr. President, I rise tence. When you try to explain the sec- was the intent of the Congress. Then today with respect to S.J. Res. 1. ond sentence, they don’t understand it. we have to go to the box charts. Well, When considering proposed amend- My colleagues who are supportive of to me, the box charts speak in plain ments to the United States Constitu- this proposed constitutional amend- English language, and that is why I am tion, I first look back to history. In the ment have stated that it is their intent hopeful that the framers of this amend- summer of 1787, 55 individuals gathered that this second sentence will leave to ment will perhaps consider amending in Philadelphia to write our Constitu- the several States the decision of it. tion. It was a very hot summer, and it whether to recognize relationships Therein rests the concern I have with was a long and arduous debate, many other than marriage, such as civil S.J. Res. 1. I unequivocally support the drafts back and forth, but careful con- unions or domestic partnerships. But if first sentence; I support protecting sideration was given. Finally, in mid that is the case, why not simply state marriage as the union between a man September, it was over. The Constitu- that in plain English that is under- and a woman. I am concerned, however,

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5450 CONGRESSIONAL RECORD — SENATE June 6, 2006 that the second sentence of this pro- the goal of essentially breaking down Lawsuits are now pending in nine posed constitutional amendment is un- all State-regulated marriage require- States, including my State of Okla- necessarily vague and could well tram- ments to just one: consent. In doing so, homa, asking the courts to declare ple on the rights of the several States they are paving the way for legal pro- that traditional marriage laws are un- of our great Republic. tection of such repugnant practices as: constitutional. Same-sex couples from I yield the floor. homosexual marriage, unrestricted at least 46 States have received mar- EXHIBIT 1 sexual conduct between adults and riage licenses in Massachusetts, Cali- fornia, and Oregon and have returned MARRIAGE PROTECTION AMENDMENT children, group marriage, incest, and to their home States. Many of these S.J. RES. 1 bestiality. Using this philosophy, activist lawyers and judges are working couples are now suing to overturn their Marriage in the United States shall consist quickly, State-by-State, through the home State’s marriage laws. Unfortu- only of the union of a man and a woman. nately, using the equal protection and Neither this Constitution, nor the constitu- courts to force same-sex marriage and tion of any State, shall be construed to re- other practices, such as polygamy, on due process clauses in the U.S. Con- quire that marriage or the legal incidents our country. stitution, State and Federal courts thereof be conferred upon any union other In 1878, Reynolds v. United States, have begun to strike down both the than the union of a man and a woman. which upheld the constitutionality of Federal and State Defense Of Marriage Congress’s antipolygamy laws, recog- Act, DOMA, laws, which define mar- Creation of Employee riage as between a man and a woman. ‘‘Civil Granting the Benefits Of- nized that the one-man, one-woman Redefinition Rights or The judicial branch is making this a of Marriage Unions’’ or Benefits of fered by Pri- family structure is a crucial ‘‘Domestic vate Busi- Federal issue by stripping the power Partnerships’’ Marriage nesses foundational element of the American democratic society, and thus there is a from the people’s elected legislatures State or fed- Sentence 1 Sentence 2 Sentence 2 Unaffected. and forcing recognition of same-sex eral prohibits. prohibits. prohibits. compelling governmental interest in courts its preservation. marriages. can im- Today, 45 States, such as Oklahoma, pose? The eroding of State common-law Legislature Sentence 1 Decision of Decision of Unaffected. marriage requirements comes with a have statutory and/or constitutional can make prohibits. State Leg- Legisla- protection for traditional marriage. On price—If we can remove the opposite- change? islature. ture. average, State constitutional amend- sex requirement today, then what ments have passed with more than 71 f would keep us from removing the one- percent of the vote, including with 76 at-a-time requirement, or legal-age re- RECESS percent in Oklahoma. quirement tomorrow? In June of 2003, The PRESIDING OFFICER. Under In societies where marriage has been the U.S. Supreme Court signaled its the previous order, the hour of 12:30 redefined, potential parents become likely support for same-sex marriage p.m. having arrived, the Senate stands less likely to marry and out-of-wedlock and Federal jurisdiction over the issue in recess until 2:15 p.m. today. births increase. According to Stanley when it struck down a sodomy ban in Whereupon, the Senate, at 12:36 p.m., Kurtz’s 2004 article in the Weekly Lawrence v. Texas. recessed until 2:15 p.m. and reassem- Standard, a majority of children in The majority opinion extended the bled when called to order by the Pre- Sweden and Norway are born out of reach of due process and the 14th siding Officer (Mr. VOINOVICH). wedlock. Kurtz says: amendment of the U.S. Constitution to Sixty percent of first-born children in Den- f protect: mark have unmarried parents—not coinci- MARRIAGE PROTECTION AMEND- . . . personal decisions relating to mar- dentally, these countries have had some- MENT—MOTION TO PROCEED— riage, procreation, contraception, family re- thing close to full gay marriage for a decade Continued lationships, child rearing, and education,’’ or more. and then declared that ‘‘[p]ersons in a homo- Just last month, May, in a National The PRESIDING OFFICER. Under sexual relationship may seek autonomy for Review Online article, Stanley Kurtz the previous order, the time is divided these purposes, just as heterosexual persons again addresses the issue saying: equally until 2:30. do. Europe’s most influential sociologists are The Senator from Oklahoma. In his dissent to Lawrence v. Texas, saying much the same things: Same-sex mar- Mr. INHOFE. Mr. President, I am Justice Scalia pointedly cautioned: riage doesn’t reinforce marriage; instead, it proud to be an original cosponsor of This reasoning leaves on pretty shaky upends marriage, and helps build acceptance S.J. Res. 1, the Marriage Protection grounds state laws limiting marriage to op- for a host of other mutually reinforcing Amendment. posite-sex couples... changes (like single parenting, parental co- I have heard people say that perhaps Additionally, there is a case pending habitation, and multi-partner unions) that only serve to weaken marriage. this issue should be left to the States. in the Tenth Circuit where the peti- As a general rule, you will not find tioners are using the homosexual mar- In fact, liberal German sociologists, anyone who is a stronger supporter of riage lobby’s success in Lawrence v. Ulrich Beck and Elisabeth Beck- States rights than I am. But this is a Texas to bolster their claim to a Gernsheim, have openly and honestly national issue the definition of mar- ‘‘right’’ to polygamous conduct and expressed their eagerness to expand the riage is and has been a national issue. marriage. welfare state and destroy the tradi- A May 22 Gallup Poll shows that a Not only are Federal courts ruling in tional family. As Kurtz puts it, they want ‘‘the gov- solid majority of Americans—58 per- favor of such marriages, State courts ernment to subsidize the new, ‘experi- cent—are opposed to granting gay mar- are, too. In 2004, the Massachusetts Su- mental’ forms of family that emerge in riages the same legal rights as tradi- preme Court ruled that same-sex cou- the aftermath of the traditional fam- tional marriages. Additionally, same- ples could marry. The State’s high ily’s collapse.’’ sex couples are traveling across State court ruling clearly ignored tradition— When this issue was on the floor 2 lines to get married; as they do so, even its own State legislature. years ago, many of my conservative they will become entangled in the legal Massachusetts Governor Mitt Rom- colleagues made statements and obser- systems of other States, due to the full ney, in his testimony on June 22, 2004, vations that sufficiently framed this faith and credit clause of the U.S. Con- before the Senate Judiciary Com- debate. stitution. A State-by-State approach mittee, stated: Senator ALLARD, the sponsor of this to gay marriage will be a logistical and We need an amendment that restores and amendment, believes our Founding Fa- legal mess that will force the Federal protects our societal definition of marriage, thers never envisioned that we would courts to intervene and require all [and] blocks judges from changing that defi- be changing the very structure of mar- states to recognize same-sex marriages. nition. riage and that we would be changing This is the only possible outcome. Not only has the Massachusetts court this core structure of society when he The definition of marriage must be ruling affected that State, it has and said: addressed, and it must be addressed will continue to open the floodgate of We are in danger of losing a several-thou- now. The homosexual marriage lobby, similar decisions by other State courts sand-year-old tradition, one that has been as well as the polygamist lobby, shares across the country. vital to the survival of civilization itself.

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5451 As my colleague from Kansas, Sen- In Genesis 2:18, 21–24, God said: want to be able to do things just like ator BROWNBACK, said: a small group of It is not good that man should be alone; I other children. activists and judicial elite ‘‘do not will make him a helper comparable to him. I had a group of families with chil- have a right to redefine marriage and . . . and the Lord God caused a deep sleep to dren with diabetes. I seated them impose a radical social experiment on fall on Adam, and he slept; and He took one around a table. By the way, the faces our entire society.’’ of his ribs, and closed up the flesh in its on these children are so beautiful. In And my colleague from Alabama, place. Then the rib which the Lord God had taken from man He made into a woman, and their expressions they say: We would Senator SESSIONS, said: ‘‘If there are He brought her to the man. love you if you can help us. That is not families to raise . . . . children, And Adam said, ‘‘This is now bone of my what they say. That is how I respond. who will raise them? Who will do that bones and flesh of my flesh. She shall be I am a professional grandfather. I responsibility? It will fall on the called woman, because she was taken out of have 10 grandchildren, the oldest of State.’’ This, to me, is one of the most man.’’ Therefore a man shall leave his father whom is 12 and the youngest of whom troubling outcomes of the whole gay and mother and be joined to his wife, and is 2. What do I want? My whole life is they shall become one flesh. . . . marriage debate—that the State will focused on what I can do for those kids assume the parenting role of raising In Matthew 19:4–6, Jesus said: as they grow and develop. When I look and financially supporting children. Have you not read that He who made them at those children, I ask the parents: Even Senator REID restated his per- at the beginning made them male and fe- Why are their faces so beautiful? They sonal view just yesterday, which he male, and for this reason a man shall leave say: Because they are faces of want and also expressed in 2004, when he said: his father and mother and be joined to his need in a child, expressing that in that I’m personally opposed to same-sex mar- wife, and the two shall become one flesh? So riage. I think a marriage should be between then, they are no longer two but one flesh kind of face. a man and woman. The reason I read these two Scrip- It tells you something about what we So when 70 percent of the voters in tures is because they were quoted at a ought to be talking about and not Nevada amended their State constitu- very significant event that took place spending our time on depriving some- tion to restrict marriage to a man and over 47 years ago. It was when my wife body of an option that they are free to a woman, and when they further and I were married. choose in this life. Why aren’t we de- amended it in 2002 with a State defense The PRESIDING OFFICER. The Sen- bating a measure to make sure the of marriage provision, with Senator ator from New Jersey. Government is ready for the next REID’s full support, some of us are con- Mr. LAUTENBERG. Mr. President, I Katrina? They are worried about levees fused now that Senator REID thinks re- start off with a question. The question in California. They are worried about stricting marriage to a man and a is, Why are we spending time on the levees in other low-land States where woman is ‘‘writ[ing] discrimination floor of the Senate discussing this issue they have some exposure. We are not into the Constitution.’’ at this time? Is there anyone here un- talking about that. Who can forget the I would also like to point out that aware of the fact that Americans are picture of the people on the roofs of several prominent, respected religious bleeding in Iraq and Afghanistan? Why their houses begging for someone to do voices in our country have spoken out aren’t we talking about that war? something to save them? No, we are against the idea of gay marriage and in Mr. INHOFE. Mr. President, the Sen- not talking about that. We do not want support of the traditional definition. ator asked a question. I will be glad to to talk about that. According to ‘‘Focus on the Family,’’ respond to that question. Why aren’t we preparing for a pos- headed by Dr. James Dobson, family is Mr. LAUTENBERG. I will not at this sible bird flu epidemic? We know that the fundamental building block of all point accept a question. I want to is a very serious topic. human civilizations. make my remarks just as the Senator Forget those topics, we are told. Chuck Colson, a man who most peo- from Oklahoma had a chance to make President Bush and the Republican ple in this body know quite well, was his remarks. Perhaps when we are fin- leadership want Congress to drop ev- the founder of Prison Fellowship. He ished I will be able to accommodate erything to debate gay marriage. I has this to say about the prospect of the Senator. have lots of visitors in my offices in gay marriage: Why are we not focused on soaring New Jersey and here. Not one of them The redefiners of marriage are working gasoline prices and the toll it takes on came to talk to me about gay mar- tirelessly. Their agenda is to tear down tra- family budgets? People who plan their riage. They came to talk to me about ditional marriage and make it meaningless health insurance. They came to talk to by removing its distinctives. lives in my area, New Jersey—a very crowded area—have had to buy their me about their pensions disappearing. The Reverend Billy Graham’s son, They talk to me about their inability Franklin Graham, acknowledged that: houses some distance from their jobs because they couldn’t afford the hous- to afford their children’s education There is a real movement for same-sex when they want to prepare for a career. marriage. We could lose marriage in this ing. They calculated the fact they country the way that we know it. would have to drive an hour each way— They talk about the burden of gas prices. That is what they want us to do Finally, Dr. Jay Alan Sekulow, chief not unusual—10 hours a week behind something about. They are not dis- counsel for the American Center for the wheel of the car. Now, with gas cussing gay marriage. They are not in Law and Justice, who has argued nu- prices as they are, the advantage they there discussing opening up the Con- merous cases before the Supreme Court had by buying a home at a distance is stitution to amendment. recognizes that ‘‘for centuries marriage evaporating in front of them. Why has been defined as a union between aren’t we talking about that? If we pass this amendment, history one man and one woman.’’ Why aren’t we talking about 46 mil- will record for the first time ever that That is really what this is all about— lion Americans without health insur- we wrote discrimination into the marriage is between a man and a ance, every one of them worried about United States Constitution. Think woman. whether the next sickness is going to about that, the first time we have ever Civil authority did not create mar- deprive them of their job, deprive them put discrimination against anyone in riage. Marriage predates the state. of their ability to feed and clothe their our Constitution. Civil authority chose to recognize it children and take care of them? Why In the Bill of Rights, every amend- as the preferred union between a man aren’t we talking about those things? ment is written to expand individual and a woman, because it is reproduc- Why aren’t we talking about extend- rights. That is what our Constitution is tive in nature and propagates the suring stem cell research? I don’t know about. It is a wonder, the thinking of vival of civilization itself. whether other Senators have had the our forefathers. The Bill of Rights was We can dance around it and try to same experience that I have. Families first signed in New Jersey. If you look cater to certain groups, but I find come in with children who are sick at all the amendments to the Constitu- something that has served me well for with juvenile diabetes. If you ask those tion, only once did we restrict rights. a number of years when something like children what they want out of life, That was Prohibition. And it did not this comes up, and that is to go back to they say: I want to stop having to stick take long to repeal that. The American the Law, go back to the Scriptures. my finger all the time with a needle. I people were not going to obey the law.

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5452 CONGRESSIONAL RECORD — SENATE June 6, 2006 They violated it in every way. Why cre- want to drum up hysteria where none riage. It is about directing people’s ate laws that cannot mean anything to currently exists. They want to change lives, about making sure you behave in people? the subject away from the issues such a particular way. Those of us who are President Bush held an event on as Iraq and gas prices. It is a shameful talking against this do not necessarily Monday night with supporters of this attempt to divide the American people support gay marriage. What we support amendment. At that event, the Presi- for political gain. is freedom, freedom to choose your life- dent did something totally irrespon- Today, the 6th of June, is the anni- style. That is what we are talking sible. It is hard to believe a President versary of D–Day. On June 6, 1944, about. In State after State they are of the United States said what he said. Americans from every corner of our writing their own laws, what they He rallied his right-wing audience country fought to protect our values think is appropriate for the people in against our Nation’s court system. and our families. Today, we are tar- their State—not to restrict them but Now, we talk here about separation nishing the memory of D–Day by work- to open their opportunity. of powers and how important it is that ing to amend our Constitution to re- I hope my colleagues will reject this the three legs of Government are able strict individual freedoms. divisive amendment. Let’s get on with to exercise their obligations. The I was wearing a uniform that day. I far more pressing issues facing our Na- President went so far as to say that the was overseas. I was not on the combat tion that can improve our national American courts are ‘‘imposing their line, but I knew what I was doing was health, can improve our national will, arbitrary will on the people.’’ How good for my country. Sixteen million can improve our national morale. about when the Court imposed its arbi- of us served in the military in World Those are the things I would like to trary will on the election of a Presi- War II. do instead of looking and seeing what dent? What was said then? To suddenly I had visitors just last Thursday people really think about all of us in say that the courts have no jurisdic- night at my office in New Jersey, about this place, all of us, from the White tion of their own, free of criticism from 10 people. One person lost their son. House, to the Senate, to the House. the President of the United States, is This woman was angry. I had spoken to What do the American people think the President saying our courts do not her when his death was announced over about the work we are doing? They do follow the law? Could people quote the a year ago. She was angry. He was a not think a heck of a lot of good is President to justify ignoring a court second lieutenant. His assignment that coming out of here. Frankly, we give decision, just to score political points day was to diffuse bombs. She said: My them good cause because what we are with a narrow interest group? son was trained to man a gun in the ar- paying attention to is what matters The President chooses to undermine tillery. That is what his mission was. least to most Americans. What matters our Nation’s system of courts and laws. He was diffusing a bomb and he lost his most in these Chambers, unfortu- It is a dangerous form of political pan- life: The country that sent my son nately, at this time is politics and elec- dering. overseas is a country that helped my tions. Too bad, America. This constitutional amendment son die. I yield the floor. would not just ban same-sex marriages. There was a woman with tears run- The PRESIDING OFFICER. The Sen- It also threatens civil unions, domestic ning down her face: Our son has been ator from Wisconsin. partnership laws, laws passed by States wounded once; they say he is ready to Mr. FEINGOLD. Mr. President, first to recognize relationships and confer- go back to combat. He has a Purple let me praise the Senator from New ring legal rights between partners. Is Heart. I don’t want him to go back. Jersey and associate myself with his our goal to strip all of these relation- Crying bitterly, in front of me. excellent remarks in opposition to this ships of their dignity? There was a couple whose son is due amendment both on marriage and with Once the Federal Government starts for a second tour of duty. People in regard to the obvious point that we regulating marriage, what is next? this unit were lost in the first tour. should be working on issues affecting What is going to stop Congress from Why, now, they ask, is he going back to the American people. acting as the morality police and pro- this war that does not do anything for The Constitution of the United hibit people from getting married un- America? States is a historic guarantee of indi- less they pledge to have children or un- No, we do not want to discuss that in vidual freedom. For over two centuries, less they pledge to restrict the number the Senate. That is too serious. That it has served as a beacon of hope, an of children they have? What is going to brings home the toll and the anguish example to people around the world stop this body from outlawing divorce? that exists with our time in Iraq. We who yearn to be free and to live their I don’t think the actual motive for ought to be talking about what we do lives without Government interference, this amendment is morality. The mo- to get out of there safely and quickly. with their most basic personal deci- tive, as I see in this amendment, is That is what we ought to do. But, no, sions. pure raw politics. Republicans have we are talking about gay marriage. I I, like everyone else in the Senate, their backs against the wall. So look can just see the people in arms across took an oath when I joined this body to what the people think of the President this country saying, The first thing I support and defend the Constitution. I of the United States and the job he is want you to do is make sure there is no am saddened, therefore, to be once doing. They think poorly of him. If gay marriage in this country. The devil again debating an amendment to our they had the right, they would fire with my kids education, the devil with Constitution that is so inconsistent him. my need for health care, the devil with with our Nation’s history of expanding When I was running a company, be- our ability to be able to afford to live and protecting freedom. fore I was running for the Senate, if I now in the country. Two people work- There are serious issues facing this thought so poorly of someone, I would ing so many jobs, just about keeping Congress. The fight against terrorism, fire him. I would not keep him. their heads above water. the war in Iraq, health care, high gas No, this is a salvage operation for the Every Senator in this Senate values prices, relief and recovery after Hurri- Republican Party. We are debating this the institution of marriage. In my cane Katrina, the economy. These are amendment now because it is an elec- view, the way to honor marriage is to the issues upon which the American tion year. That is why. Why did we provide families with economic oppor- people are demanding that Congress have this debate in 2004 and this year tunity, good schooling for their chil- act. But instead, we are spending much but not in 2005? Let’s defer this until dren, a clean environment to live in, of this week debating the poorly 2007. I am willing to do that. We can health care they can afford and funding thought out, divisive, and politically discuss it in a year, when there is not for medical research that can help motivated constitutional amendment an election in the offing. fight the diseases that plague children, that everyone knows has no chance of This is simply political gay-bashing. such as juvenile diabetes, autism, or success in the Senate. That is the mission, try to ‘‘husband’’ asthma. There are so many problems The proposed constitutional amend- the resources you have, the support we could help prevent. ment before the Senate today, Senate you have, and pick on a group of peo- The amendment before the Senate Joint Resolution 1, has no better ple. The backers of this amendment today is not about protecting mar- chance of getting a two-thirds majority

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5453 in the Senate than it did in 2004, which Simpson, opposes an amendment to the that freezes in place a single, restric- was another election year. There are Constitution on marriage. In an op-ed tive definition of marriage. no new court decisions that supporters in the Washington Post, he stated: The supporters of the Federal mar- of the amendment can legitimately In our system of government, laws affect- riage amendment would have Ameri- argue make it any more imperative ing family life are under the jurisdiction of cans believe that the courts are poised now than it was then that such an the states, not the federal government. This to strike down marriage laws. They amendment be passed. Yet the Judici- is as it should be. . . . [Our Founders] saw suggest that we will soon see courts in ary Committee was ordered to mark up that contentious social issues would be best States other than Massachusetts re- this amendment to fit a schedule an- handled in the legislatures of the states, quiring those States to recognize same- where debates could be held closest to home. sex marriages, too. Of course, no such nounced by the majority leader months That’s why we should let the states decide ago. how best to define and recognize any legally thing has happened in the 2 years since This is pure politics, an election-year sanctioned unions—marriage or otherwise. the Goodrich decision went into effect gambit. We should not play politics Columnist William Safire has also in May 2004. So this is a purely hypo- with the Constitution, nor should we urged his conservative colleagues to re- thetical issue—hardly a sound basis for play politics with the lives of gay and frain from amending the Constitution amending our Nation’s governing char- lesbian Americans who correctly see in this way. Commentator George Will ter. And even if another State followed this constitutional amendment as an takes the same position. Massachusetts, either by legislative ac- effort to make them permanent sec- I recognize that the current debate tion or a judicial ruling, I believe it ond-class citizens. on same-sex marriage was hastened by would be a grave mistake for Congress The amendment we are all debating a decision of the highest court in Mas- to step in. will not pass, but it still risks stoking sachusetts issued in late 2003. That de- As Professor Lea Brilmayer testified fear and divisiveness at a time when we cision, in a case called Goodrich, said before the Constitution Subcommittee should be trying to unite Americans. that the State must issue marriage li- in 2004, and as remains true today, no Gay and lesbian Americans are our censes to same-sex couples. But the court has required a State to recognize friends, our family members, our court did not say that other States a same-sex marriage performed in an- neighbors, our colleagues. They should must do so, nor could it. And it did not other State. And as Professor Car- not be used as pawns in a cynical polit- say that churches, synagogues, penter testified: ical exercise. mosques, or other religious institu- the Full Faith and Credit Clause has never Backers of the amendment say they tions must recognize same-sex unions, been understood to mean that every state want to support marriage. But this de- must recognize every marriage performed in nor could it. Even Governor Romney of bate is not really about supporting every other state. Each state may refuse to Massachusetts, who testified before the marriage. We all agree that good and recognize a marriage performed in another Judiciary Committee in 2004, admitted strong marriages should be supported state if that marriage would violate the pub- that the court’s decision in no way relic policy of that state. and celebrated. I happen to believe that quires religious institutions to recog- two adults who love each other and In fact, Congress and many States nize same-sex unions. No religious in- want to make a lifelong commitment have already taken steps to reaffirm to each other, with all of the respon- stitution is required to recognize same- this principle. In 1996, Congress passed sibilities that that entails, should be sex unions in Massachusetts or else- the Defense of Marriage Act, a bill I did able to do so, regardless of their sex. I where. That was true before the Good- not support, but that is now the law. know others strongly disagree. rich decision, and it remains true Section 2 of DOMA is effectively a reaf- The debate we are having in the Sen- today. firmation of the full faith and credit ate, however, is not about whether Indeed, as time has passed since the clause as applied to marriage. It states States should permit same-sex mar- Massachusetts court ruling, I think it that no State shall be forced to recog- riage. The debate is about whether we has become clear that passing a con- nize a same-sex marriage authorized by should amend the Constitution of the stitutional amendment would be an ex- another State. United States to define marriage. The treme and unnecessary reaction. States In addition, 38 States have passed answer to that question has to be ‘‘no.’’ are in the process of addressing the what have come to be called ‘‘State It is unnecessary and wrong for Con- issue of how to define marriage. Voters DOMAs,’’ declaring as a matter of pub- gress to legislate for all States, for all in several States passed marriage ini- lic policy that they will not recognize time, on a matter that has been tradi- tiatives in the last election. The legis- same-sex marriages. There has not yet been a successful tionally handled by the States and reli- lature in Connecticut recently passed a constitutional challenge to the Federal gious institutions since the founding of civil union bill and the Governor or State DOMAs. In fact, three such our Nation. For that reason alone, this signed it. In California, a bill passed by challenges have already failed. Of amendment should be defeated. the legislature to permit same-sex There is no doubt that the proposed marriages was vetoed but new protec- course, it is possible that the situation Federal marriage amendment would tions for domestic partners were signed could change. A case could be brought alter the basic principles of federalism into law. The States are addressing the challenging the Federal DOMA or a that have served our Nation well for issue in different ways, which is how State DOMA, and the Supreme Court over 200 years. The Framers of our Con- our Federal system generally works. I could strike it down. But do we really stitution granted limited, enumerated may agree with some State actions and want to amend the Constitution simply powers to the Federal Government, disagree with others, but it would be a to prevent the Supreme Court from while reserving the remaining powers tragic mistake to cut this process off reaching a particular result in the fu- of government, including family law, prematurely. ture? What kind of precedent would to State governments. Marriage has I was particularly struck by reports such a preemptive strike against the traditionally been regulated by the on what happened recently in the Mas- governing document of this Nation set? Former Representative Bob Barr, the States. As Professor Dale Carpenter sachusetts Legislature. The legislature author of the Federal DOMA, strongly told the Constitution Subcommittee in narrowly passed a constitutional opposes amending the Constitution on its first hearing on this topic nearly amendment in 2004 to prohibit same- this issue. He believes that amending three years ago, ‘‘never before have we sex marriage, but when the amendment the Constitution with publicly con- adopted a constitutional amendment to returned in 2005, as the Massachusetts tested social policies would ‘‘cheapen limit the States’ ability to control Constitution requires in order to put it the sacrosanct nature of that docu- their own family law.’’ That is exactly on the ballot, the legislature rejected it by a vote of 157 to 39. Many sup- ment.’’ what this proposed amendment would He also warned: do. It would permanently restrict the porters of the amendment apparently We meddle with the Constitution to our ability of States to define and recog- changed their minds. own peril. If we begin to treat the Constitu- nize marriage or any legally sanctioned So we should think long and hard tion as our personal sandbox, in which to unions as they see fit. about pre-empting State legislatures or build and destroy castles as we please, we One of our distinguished former col- State initiative processes through a risk diluting the grandeur of having a Con- leagues, Republican Senator Alan Federal constitutional amendment stitution in the first place.

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5454 CONGRESSIONAL RECORD — SENATE June 6, 2006 My colleagues, those are the words of spect, Senator, I think you guys have to get The second sentence was so convoluted the author of the Federal DOMA stat- straight what you want before you tell me that many legal scholars disagreed about ute. That is what he said about the wis- how to go about drafting it. what it actually meant, and its backers as- dom of trying to amend the Constitu- At the last subcommittee hearing on sured everyone that it meant States could this topic, I asked the witnesses that pass civil unions, which is not the way to tion in this manner. I have spoken with protect marriage. Civil unions are gay mar- Mr. Barr about this. He and I disagree subcommittee Chairman BROWNBACK riage by another name. about many things. But we agree had called some specific questions wholeheartedly that the Constitution about this issue and then I asked them As recently as November 2005, the is a very special document and that to respond to written questions about Web site of the Alliance for Marriage amending it to enact the social policy how they believe S.J. Res. 1 would had the following explanation of a of the moment would be a grave mis- apply to a challenge brought against chart in which it says that ‘‘quasi-mar- take. specific State legislative actions. I ital schemes’’ such as civil unions So far I have been discussing the gen- have asked these questions of previous would be permitted if adopted by a eral arguments against a Federal con- witnesses as well, and I have seen State legislature rather than imposed stitutional amendment defining mar- statements from many of the sup- by court: riage. I think they are compelling. But porters of the amendment. I think Pro- The second sentence ensures that the I also want to take some time today to fessor Seidman is absolutely right. It is democratic process at the state level will discuss the specific text we are now simply not clear what the sponsors of continue to determine the allocation of the considering: S.J. Res. 1, the so-called this amendment intend. benefits associated with marriage. Marriage Protection Amendment. The Let’s start with civil unions. Would Interestingly, this chart no longer amendment states: this amendment outlaw civil unions? appears on the Web site. I won’t specu- Marriage in the United States shall consist Specifically, would the recently passed late about why that is, but it does seem only of the union of a man and a woman. Connecticut statute that establishes like an important question for sup- That is what we have come to refer civil unions in that State be unconsti- porters of this amendment to get their to as sentence one. The amendment tutional under this amendment? The stories straight on. There are States in continues in sentence two: Connecticut statute provides as fol- the country today that authorize civil Neither this Constitution, nor the con- lows: unions. How would this constitutional stitution of any State, shall be construed to Parties to a civil union shall have all the amendment affect those laws? We know require that marriage or the legal incidents same benefits, protections and responsibil- what the supporters of the amendment thereof be conferred upon any union other ities under law, whether derived from the intended with respect to the law in than the union of a man and a woman. general statutes, administrative regulations Massachusetts, but what about in or court rules, policy, common law or any Before I discuss some of the ambigu- Vermont, and Connecticut, and Cali- ities in this language, let me first re- other source of civil law, as are granted to spouses in a marriage, which is defined as fornia, and New Jersey? What are duly mind my colleagues that this whole ef- the union of one man and one woman. elected State legislatures, in the exer- fort has often been portrayed by its Professor Richard Wilkins, from cise of their responsibility to enact proponents as a reaction to so-called Brigham Young University, whom I un- laws consistent with the values and ‘‘liberal activist judges’’ reinterpreting derstand was consulted in the drafting preferences of their citizens, allowed to marriage. Time after time, we are told of the amendment, answered my writ- do, and what are they prohibited from that judges have made law, in cases ten question as follows: ‘‘The language doing? Don’t they deserve to know? like the Supreme Court’s decision in quoted from Section 14 of the Con- I could go on and on here, but let me Lawrence v. Texas that State sodomy necticut statute would not be unconsti- mention Professor Scott Fitzgibbon of laws are unconstitutional, in the Mas- tutional under the proposed amend- Boston College Law School, who also sachusetts decision in Goodrich, and in ment.’’ But Professor Gerard Bradley, testified in support of the amendment the Vermont State court decision that from Notre Dame, another drafter of at the subcommittee’s last hearing. forced the State legislature to adopt a the amendment, testified as follows at Mr. Fitzgibbon simply declined to an- civil unions law. This amendment is our hearing in April: swer when I asked him at the hearing needed, we are told, to counteract and whether the amendment would allow a correct those missteps and to make The amendment leaves it wide open for State employer to give benefits to un- sure they don’t happen again. Keep legislatures to extend some, many, most, perhaps all but one, I suppose, benefit of married domestic partners of its em- that underlying concern in mind as we marriage to unmarried people, but I would ployees. And he also refused to answer discuss the ambiguities of this lan- say if it is a marriage in all but name, that a followup written question about guage and who will ultimately decide is ruled out by the definition of marriage in whether Connecticut’s civil union law how they are to be resolved. the first sentence. would be constitutional. But he did say A question that is important to many And Professor Christopher Wolfe, the following at the hearing: Senators, and to many Americans, as from Marquette University, another they consider this constitutional witness from the subcommittee’s last I am just going to say that the degree of ambiguity . . . isn’t such a terrible thing. amendment is how it will apply to laws hearing, agrees with Professor Bradley. passed by State or local governments This isn’t part of the tax code. It is He said the following in answer to my proposedly [sic] a part of the United States granting same-sex couples the right to written question: Constitution and constitutional provisions enter into civil unions or domestic I think Connecticut’s civil union scheme, rightly leave some scope for later determina- partnerships to become eligible for which was enacted by the General Assembly tion. government recognition of their rela- without any judicial involvement, would be So there you have it, Mr. President. tionships and for certain benefits. One unconstitutional under the Marriage Protec- of the witnesses at the last hearing we tion Amendment, because it effectively au- The supporters and drafters of this held in the Subcommittee on the Con- thorizes marriage for unions of two men or amendment can’t agree on how it stitution, Professor Michael Seidman, two women, since the only difference be- would affect civil union laws like the from Georgetown University Law Cen- tween civil unions and marriage is the name. one recently enacted by the democrat- ter, testified quite convincingly about Groups supporting the amendment ically elected legislature of the State the ambiguity of the language of this like the Alliance for Marriage and Con- of Connecticut. And at least one of amendment on that question. And so cerned Women for America seem to them says that ambiguity is not such a chairman of the subcommittee asked if think the amendment will permit leg- terrible thing. It is normal for con- he had thought about how to draft the islatures to enact civil union legisla- stitutional provisions to leave ‘‘some amendment to, as he put it, ‘‘hit the tion. In a radio interview during the scope for later determination’’ he says. mark.’’ Senate’s consideration of the amend- So who will decide this question, Professor Seidman responded: ment in 2004, Bob Knight, the head of which everyone can anticipate will be Part of the problem is I think the people that Concerned Women for America, raised if this amendment becomes part behind the amendment themselves are not in suggested that wasn’t such a good of the Constitution? Who is responsible agreement on how to go. . . . So with re- thing. He said: in our legal system for making a ‘‘later

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5455 determination,’’ as Professor Fitzgib- still don’t have that unambiguous politics often trumps reason in this bon calls it, of the meaning of a consti- statement. Will we get one in this de- body during an election year. And tutional amendment? You guessed it. bate on the floor? I don’t know. I do when the majority leader has promised It is the courts! Given how this whole know that some of the most ardent interest groups supporting this amend- exercise of trying to define marriage in supporters of the amendment in the ment that there will be a floor consid- the governing document of our country Senate are strongly opposed to civil eration on a particular day, there is ap- started—outrage over a State court’s unions as well. But will the amend- parently nothing that can stand in the interpretation of a State constitution ment they wrote to supposedly protect way of that promise being kept. Not and fear of supposedly ‘‘activist marriage outlaw civil unions and do- even respect for the Constitution of the judges’’ taking it upon themselves to mestic partnerships? It is not clear to United States. redefine marriage—that is ironic in- me yet, and when we are talking about We should not write discrimination deed. amending the Constitution of the and prejudice into the Constitution. Now Professor Wolfe had an inter- United States, I think it should be. And we should not prematurely cut off esting suggestion when he answered The Senate and State legislatures— the important debates taking place in my written questions concerning the not to mention the American people— States across the country about how to California and New Jersey domestic deserve clear and reliable answers to define marriage by putting in place a partner statutes. Last summer, the these questions before they are asked permanent, restrictive Federal defini- California Legislature enacted a stat- to decide whether to amend the Con- tion of marriage. ute that grants all the same rights to stitution. So I would hope that every As we sit here today, there are Amer- domestic partners as it does to married Senator who is planning to vote ‘‘yes’’ icans across our country out of work, spouses, except the right to file a joint on this amendment today will tell us struggling to pay the month’s bills, tax return. All the rights and benefits before we conclude this debate what he worrying about their lack of health in- but one. Under Professor Bradley’s in- or she thinks the amendment means surance or their ability to put their terpretation, that’s probably okay. and how it would apply to State stat- kids through college. Instead of spend- Professor Wilkins agrees that Califor- utes already on the books, as well as ing our limited time this session on a nia’s statute would survive a challenge. others that might be passed. Maybe we proposal that is destined to fail and The chart that used to be on the Alli- will get that unambiguous statement will only divide Americans from one ance for Marriage’s Web site also we have waited so long for. Then again, another, we should be addressing the agrees. I think a few of my colleagues maybe we won’t. issues that will make our Nation more made similar statements yesterday on Even though Professor Wolfe an- secure, our communities stronger, and the floor. But Professor Wolfe isn’t so swered my question as if it were a law the future of our families brighter. sure. He says in his written response to school exam—saying ‘‘it could be ar- I urge my colleagues to oppose this my question: gued on the one hand.... But on the unnecessary, mean-spirited, divisive It could be argued that it is unconstitu- other hand’’—this is not just an aca- and poorly thought out constitutional tional under the Marriage Protection demic exercise. It will have an impact amendment. Amendment for the same reason that the on the lives of millions of Americans. I yield the floor. Connecticut civil union law is unconstitu- Mr. President, as you can tell, I am The PRESIDING OFFICER. The Sen- tional, since—even though one provision pro- very concerned about the Senate con- ator from Colorado is recognized. vides one exception—the general principle of sidering this amendment on the floor Mr. ALLARD. Mr. President, I want the law (in Sec. 4) defines the domestic part- without any certainty about what it to take a moment to respond. First of nership as being equivalent to marriage. The means or how it will be applied. Fortu- single exception could easily be viewed as all, the States are trying to handle the merely an evasive maneuver to avoid a pure nately, it seems clear that supporters issue of marriage. The problem is that equivalence that would make the statute of this amendment don’t have the votes the courts are changing those actions. constitutionally vulnerable. to pass it in the Senate. So the lack of Even worse than that, we have citizens It could also be argued, however, that clarity has no real world repercussions who initiated issues on marriage with- there is a difference between this domestic for now. But it is extremely dis- in the States, and now we have the partnership law and marriage (beyond just appointing that we may vote in the courts overturning that when those the name), and therefore domestic partner- United States Senate on an amend- ship is not marriage in everything but name, issues have passed by 70 percent or and therefore it is within the constitutional ment to the Constitution of the United more. power of the California legislature to pass. States with such basic questions unre- I felt that needed to be clarified. . . . In a close case like this, I think the leg- solved. I think the amendment is very clear, islative history would be likely to play a de- The Judiciary Committee should particularly the second sentence, when terminative role in the final decision. have fully explored these questions. In- you know that refers to the courts and He goes on in an answer concerning stead, because of the rigid schedule to we are limiting the powers of the the New Jersey domestic partnership bring this matter to the floor, the com- courts. We have not done anything to statute to make his suggestion: mittee considered the amendment restrict the power of the legislature, Of course, it would be desirable to clarify hastily and out of the public eye, with- except on the definition of marriage this question, if possible. For example, offer- out cameras, without microphones, which is between a man and a woman. ing an unambiguous statement of the mean- with only a handful of press and no This is an important issue, and I ing of the amendment in the legislative his- members of the public present. That is think we need to assure that the States tory (e.g., the committee report on the no way to treat any important legisla- will have a key role as far as handling amendment, and representations— tive matter, let alone an amendment to uncontradicted by other supporters of the issues related to marriage. That is amendment—of the amendment’s sponsors in the basic governing charter of our what this amendment is all about. floor debate) would be likely to have a sub- country, the Constitution. As a result, I yield the floor. stantial impact on how the amendment the amendment did not receive the The PRESIDING OFFICER. The Sen- would be understood by those who have to kind of searching inquiry and debate ator from Louisiana is recognized. vote on it, in Congress and in State legisla- that a constitutional amendment Mr. VITTER. Mr. President, I stand tures. should receive. Our hearings in the in strong support of this proposed Well there’s a novel idea. Let’s have Subcommittee on the Constitution ex- amendment to the U.S. Constitution to an ‘‘unambiguous statement’’ of the posed serious questions about the uphold and affirm traditional mar- meaning of the amendment, meaning and effect of the amendment, riage. uncontradicted by other supporters of including the conflicting answers to Several years ago, when folks who the amendment. But Professor Wolfe, a written questions that I have dis- were focused on the health of marriage supporter of the amendment, doesn’t cussed. Further work in the committee and the upbringing of children from know what it is. He answered my ques- might have shed light on those ques- around the country gathered to begin tions as if they were a law school exam tions for our colleagues in the Senate to attack this problem, they came to hypothetical. This amendment has who are now faced with having to vote the Congress with the idea of proposing been around for nearly 3 years and we on the amendment. But it seems that a constitutional amendment. They

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5456 CONGRESSIONAL RECORD — SENATE June 6, 2006 went to certain Members of both the particularly people in courts in other with certain inalienable rights, and the House and Senate, Republicans and States such as Massachusetts. And Government exists to secure those Democrats. I was in the House at the make no mistake, that is what is hap- rights. For us, and for our constitu- time, and I was honored that I was one pening. That trend would have an im- ents, this is common sense. The same of the four House Republicans—there pact not just in isolated States such as is not true in many other countries, were eight House Members in all, four Massachusetts but throughout the where these basic ideas are debated by Republicans and four Democrats— country as marriage is redefined by lib- all and rejected by some. whom these leaders approached to be eral activist judges and others. So the We should remember this heritage of original coauthors of this constitu- people in Louisiana and a solid major- respect when we debate the marriage tional amendment. I immediately ity of people around the country want protection amendment. There are agreed and have been very involved in us to address this issue nationally strong feelings on both sides of this the debate and the fight ever since through a constitutional amendment issue. then. once and for all. That is why I strongly I support this amendment. Marriage I am very happy to bring this work to support this effort. and family life are the bedrock of the Senate with so many other leaders I thank the Senator from Colorado American society—the schoolhouse of such as Senator ALLARD, who has been and others again for leading this fight American citizenship—and judges leading the effort for some time. This in the Senate. I was proud to help lead should not be altering this funda- is a very important effort because—it it in the House when I was there. I am mental institution. is often said, but it is very true and it proud to join other allies on the floor I understand that some of my col- is worth repeating—marriage is truly of the Senate. Again, rather than focus leagues believe we should be debating the most fundamental institution in on all these new Government pro- something that they see as of greater human history. Think about that grams, new little ideas that we run to consequence. But for many in this statement and the significance of it: It the floor of the Senate with every day, body, and for millions of people is the single most fundamental social let’s take time to remember and focus throughout the country, including in institution in human history. on truly significant, enduring social in- Utah, no issue is more important. Dur- Certainly, we should not rush, as we stitutions, which are the greatest pre- ing this debate, we should treat each are at the present time through activ- dictors and factors in terms of encour- other fairly, with respect, and with an ist courts, to radically redefine it after aging good behavior and success, dis- openness to the good-faith arguments thousands and thousands of years of couraging bad behavior and failure. on both sides of this amendment. living under the traditional definition. This is the way we can have the most There is precedent for this. A few Mr. President, often in the Senate we impact on those problems we debate weeks ago, the Senate passed an immi- get very wrapped up in our debate and endlessly, such as drug abuse, teenage gration bill. I voted against it, but I our laws and proposals and Govern- pregnancy, and the like. I urge all of agreed with the sentiments of my col- ment programs. We think so much is my colleagues to join us in this effort. leagues who concluded, after the die changed by that and so much hinges on I predict that, while we may not was cast, that the Senate had behaved that. Yet what is so much more impor- reach the two-thirds vote we ulti- admirably. Tensions ran high, but we tant and more fundamental are those mately need with this vote this week, had a respectful and serious debate enduring—hopefully enduring—social we will make important progress, we about the issues. We voted amend- institutions such as marriage, commu- will pick up votes since the last time ments up and down. I am not saying I nity, church, and faith communities. the Congress voted on this issue in 2004. saw any Websters, Clays, or Calhouns We need to realize how central those I am one small example of that on the floor, but our respect for one an- sorts of institutions are and how im- progress because my election in 2004 other’s opinions and well-intentioned portant they are in terms of influ- meant that this vote went from a ‘‘no’’ debate certainly did them proud. This encing behavior in our society—good vote of my predecessor, John Breaux, is not to say that I was happy with the and bad behavior. When we look at so to a proud ‘‘yes’’ vote of the junior final product. Even as a purported com- many of the social ills we try to ad- Senator from Louisiana now. I look promise, it left so much to be desired dress in Congress with Government forward to casting that vote. I urge my that I was compelled to vote against it. programs and proposals, serious social colleagues to rally around enduring, Yet, I was encouraged by the process problems such as drug abuse, teenage positive social institutions that are so and the respect that we showed for the pregnancy, and the like, perhaps the essential for the health of families, deeply held opinions of fellow Sen- single biggest predictor of good results kids being brought up and, indeed, our ators. versus bad results is whether kids come society. Unfortunately, the debate over the from a stable, loving, nurturing, two- With that, I yield back my time. marriage amendment seems to be un- parent family, a mother and a father. The PRESIDING OFFICER (Mr. folding quite differently. You would That doesn’t mean you cannot have COLEMAN). The Senator from Utah is not know it from the arguments of the success raising a child in other envi- recognized. opponents, and you would not know it ronments, such as in a struggling one- Mr. HATCH. Mr. President, when I from the lack of treatment it has re- parent household. It means that the first ran for office to represent my ceived in some news outlets; but this is odds are so much more stacked against folks out in Utah, I announced my can- an important issue to Americans. This you when you move to that other sort didacy because of my deep love for my might not be a major issue for those of environment. country and my State. My appreciation who live inside the beltway, but for my So I think it is very appropriate and for both has only deepened over the neighbors in Salt Lake City, my con- well overdue that we in the Senate years. Perhaps the most remarkable stituents throughout Utah, and good, focus on nurturing, upholding, pre- characteristic of this country—one decent Americans across the country, serving, and protecting such a funda- that, in my opinion, is distinctly this is a critical issue. mental social institution as traditional American—is our tolerance, our will- This debate is not some sideshow for marriage. A lot of folks in Washington ingness to accommodate the very be- a small sliver of activist groups. Ma- don’t fully understand that. But I can liefs of our fellow citizens. After all, jorities of Americans across the Nation tell you that real people in the real our country’s motto is E Pluribus support the protection of traditional world, certainly including in Lou- Unum—out of many, one. marriage laws. This support is not lim- isiana, get it. That is why 2 years ago, But we accept these differences be- ited to red or blue American. States in in 2004, we passed a State constitu- cause we share so much else. We some- every region of the country have tional marriage amendment in Lou- times forget it around here, but we worked in recent years to reaffirm the isiana to uphold traditional marriage. agree more than we disagree, or at traditional definition of marriage. We passed it with 78 percent of the least that is what I hope for. We all be- Forty-five States have either a State vote. Folks in Louisiana want those lieve in the dignity of the human per- constitutional amendment or a statute values upheld. They don’t want them son. We all believe that men and that preserves traditional marriage redefined radically by activist courts, women were endowed by their Creator laws. Nineteen States have codified the

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5457 definition of marriage in their State amendment do not want to have a vote Was it discrimination when members constitutions. In 2004, 13 States, includ- it on their record. supported their State constitutional ing Utah, overwhelmingly passed their So, rather than take on the other amendments to protect traditional own constitutional amendments to pre- side’s arguments, they avoid the issues marriage? serve traditional marriage. I was proud and challenge the motives of those who Was it discrimination when 85 mem- to join the majority of my fellow citi- support this amendment. My friends on bers of this body, including 32 Demo- zens in supporting the adoption of the other side of the aisle claim that crats, voted for DOMA, the Defense of Utah’s measure to protect traditional this amendment is discriminatory. My Marriage Act? marriage. Seven more States will vote colleague from Massachusetts, Senator Was it discrimination when President on their amendments this year. KENNEDY, is a good man. But he is out Bill Clinton signed it? Yet, for those opposed to this amend- of line to say as he has that a vote for Is it discrimination for our religious ment, these constituent concerns are this amendment is a vote for bigotry leaders to support traditional mar- not worth our time. I disagree. Yester- pure and simple. Over half of his col- riage? day the distinguished Democratic lead- leagues will vote for cloture on this The Catholic Church opposes same- er came to the floor—a dear friend of amendment. Does he really want to sex marriage. Does the Pope believe in mine—with a laundry list of issues that suggest that over half of the United discrimination? we could be addressing instead of this States Senate is a crew of bigots? Seventeen Catholic Bishops and all amendment. Along with the Demo- This is Dr. Dean’s subtle diagnosis. eight American Cardinals support this cratic whip, he did so again today. Ul- Democrats are committed to fighting amendment. Do they support discrimi- timately, I think we are capable of this hateful, divisive amendment and nation? That is what some of my col- chewing gum and walking at the same to fighting similarly discriminatory leagues are suggesting. time. In 2 days, we will be taking up ballot initiatives in states across the Is every parish priest who refuses to floor time to debate a bill to create a country. We strongly oppose any at- marry a same-sex couple engaged in race-based government for the State of tempt to write discrimination into discrimination? Hawaii. I will not hold my breath wait- law—whether it be at the local or state My church supports traditional mar- ing for these same folks to argue then levels or in the United States Constitu- riage. So do many other religions that that we should be discussing more tion. recognize the importance of marriage pressing issues. Never—not once in any State—have between a man and a woman. I wish those dismissing the impor- the people’s popularly elected rep- I do not think that some of my col- tance of this issue would let us look at resentatives decided to amend tradi- leagues opposing this amendment have their phone logs. I know that in my of- tional marriage laws to include same- considered the full ramifications of a fice our phones have been ringing off sex couples. When given the chance, Federal court decision commanding the hook. Utah is a pretty conservative they affirm traditional marriage. In same-sex marriage on the States. What State, but I don’t doubt that other Vermont, in California, and in Wash- happens to the tax status of a church members from across the country are ington there is statutory language pre- that our courts have determined to be hearing the same thing. The constitu- serving the traditional definition. Are engaged in discriminatory conduct ents who support this amendment, and the legislators and citizens who sup- that cuts against the public policy of others like it in the States, understand ported these laws engaged in discrimi- the State? We have seen a preview with something that the sophisticated pro- nation? the experience of Catholic Charities in ponents of same-sex marriage do not— Let me give you another example. Massachusetts. For decades, this noble our marriage laws permeate our entire When Nevada considered a State con- organization has provided adoption culture and we need to be wary about stitutional amendment to preserve tra- services for hard-to-place children. Yet letting the judiciary foist some untest- ditional marriage, a vast majority of the State recently presented this orga- ed and, frankly, unwanted social exper- the State’s citizens supported the nization with the catch–22 of aban- iment on an entire Nation. measure. For Nevadans, preserving tra- doning the church’s traditional teach- Unless we allow an the American ditional marriage was not a wedge ing on human sexuality or abandoning people to decide this issue themselves issue. Divisive issues do not gamer 70 their religious commitment to works through the amendment process, it is percent of the vote, as it did in 2000. of mercy. This is not a choice our only a matter of time before some ren- And so it was no surprise that the churches and religious citizens should egade judges take it upon themselves State’s foremost public servant whole- face, but it is, I fear, a choice that they to decide it for the American people. heartedly supported this effort. Nevad- will have to make unless we act. Yet, some in this body apparently ans wanted to amend the State’s con- Our history as a nation is dotted with prefer to put their heads in the sand. stitution merely to affirm what has al- instances of some outlier, activist They know that this is an important ways been the law in Nevada and in the judges who ignored their institutional issue. But they are tied in knots. A few other States—that marriage is between limitations in order to replace their weeks ago, Howard Dean, the Chairman one man and one woman. own public policy judgments for those of Democratic National Committee was That was then. of the American people and their rep- for traditional marriage before he was This is now. resentatives. It is hardly a surprise against it. One day the Democratic Today, the Democratic Leader, who I that some elite judges might underesti- Party was for traditional marriage. count as a friend, has jumped on this mate the political and social con- The next day, efforts to protect tradi- bandwagon and said that this amend- sequences of their efforts to alter the tional marriage were tantamount to ment would write discrimination into legal framework of marriage. After all, discrimination. the Constitution. most of the people that they know may The bottom line is that some liberal So he supports unequivocally a State be in favor of such changes. interest groups are attempting a re- constitutional amendment to protect Well, they are about to find out that definition of marriage, and they are traditional marriage, but he claims there are people outside of their small out there all alone on this issue. Vast that it is discrimination at the na- universe of liberal opinion. If a few ren- majorities of Americans support traditional level. egade judges determine that traditional marriage. But some of my col- Let me get this straight. tional marriage is unconstitutional, leagues on the other side of the aisle Since the colonies were first settled, our previous political debates over im- are so dependent on these activist traditional marriage has been the norm proper judicial decisions will pale by groups for support that they some- in this country. It remains so today comparison. times feel they cannot go against with the exception of Massachusetts. The fact remains that some judges them. I think this is why we are having In recent years the American people are eager to replace the opinions of the a cloture vote, rather than an up- or- have reasserted in State after State American people with their own. Since down vote on this amendment. At the their strong desire to maintain tradi- the cloture vote on the marriage end of the day, many of the same peo- tional marriage laws. So the beliefs of amendment in the 108th Congress, ple who deny the necessity of this most Americans are discriminatory? State trial courts in Washington, New

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5458 CONGRESSIONAL RECORD — SENATE June 6, 2006 York, California, and Maryland have issue. They want to see traditional tional amendments, by public vote, de- struck down traditional marriage laws. marriage remain the law of the land. I fining marriage as a union between a The marriage laws of Connecticut have agree with that sentiment, and so I man and a woman. been challenged. The laws in Iowa have will be voting for cloture. I urge my That very initiative, that very vote been challenged. A lawsuit has been colleagues to do the same. will be on the ballot this fall in South filed in Federal court in Oklahoma I yield the floor. Dakota. I predict that we will get a that challenges not only a State con- Mr. ALLARD. Mr. President, I thank very comfortable margin in favor of stitutional amendment to preserve tra- the Senator from Utah for his hard that. ditional marriage, but also the Federal work on this issue. He is a dedicated In fact, if you look at the average in Defense of Marriage Act. The Supreme Senator and an honorable one. We ap- all of these places around the country, Court of New Jersey seems poised to preciate him taking the time to ad- all of the States that have debated this overturn the State’s traditional mar- dress the Senate. issue and voted on it, the average vote riage laws. A Federal court in Ne- Mr. President, I now ask that Sen- has been 70 percent. Seventy percent of braska already struck down the State’s ator THUNE be recognized. the American people have a different constitutional amendment to protect The PRESIDING OFFICER. The Sen- way of deciding what they care about traditional marriage. Just a few weeks ator from South Dakota. and what is important and that is ago, a judge in Georgia invalidated an Mr. THUNE. Mr. President, I rise sometimes different than politicians amendment passed by the State’s vot- today to join the debate and express here in Washington. Some have said there are more im- ers in 2004. my strong support for the marriage Those who oppose traditional mar- protection amendment, of which I am a portant issues we need to deal with. riage are not playing by the rules. cosponsor. Amending the Constitution However, the fact of the matter is if They are not convincing their fellow of the United States, as many have you look at the agenda we have been citizens of the merits of their cause. noted, is serious business and is some- talking about for the past several They are not taking their arguments thing we should only undertake when weeks right here in the U.S. Senate we have been dealing with those issues. to the legislatures. Rather, they are we have a compelling rationale. Yesterday several Democrat Senators taking the easy way out. Just convince This amendment meets that high expressed their frustration about this a few elite judges that they are on the standard. Nothing is more fundamental, nothing is more important to debate taking place, a sentiment that side of justice, and traditional mar- has been repeated throughout the riage laws will go the way of the dino- the fabric of American society than the family. And that is what this debate is course of the day by more of their saurs. Democratic colleagues. They say there According to this amendment’s oppo- really all about. are more important issues that need to nents, when well-funded liberal activist Every Member of this body, every be debated during this time instead of groups ask judges to subvert the will of citizen of this Nation understands, or marriage. Putting aside the fact that the people in every State, they are not at least should understand, that the protecting traditional marriage and traditional family is the glue that playing politics. When they ask a bare families is an important topic, they binds our communities, the building majority of judges to overturn tradi- seem to forget what has been occurring block on which our Nation is con- tional marriage laws and declare them on the Senate floor. discriminatory, they are merely seek- structed. It is something that I as a fa- They say we need to focus on health ing justice. Yet when the people’s ther of two daughters and a husband of care, an issue that is very important to elected representatives attempt to pre- 20 years understand and appreciate. me and my constituents in South Da- serve traditional marriage in this Yet today, this pillar of our society kota. However, they forget that when country, we are playing politics. is under attack by some who are pur- this issue was brought to the floor just We must be respectful of homosexual suing a narrow social agenda designed a few short weeks ago, they filibus- citizens. They are our fellow citizens. to destroy the definition of marriage tered not one, not two, but three solu- And they, no less than we, are endowed that has existed since the birth of civ- tions to the health care crisis that with the rights that Thomas Jefferson ilization. They are trying to convince faces our country; namely two types of elaborated in the Declaration of Inde- us that what virtually all Americans medical liability reform and the Health pendence. But we also live in a democ- have understood for more than two Insurance Marketplace Modernization racy. And in democracies the people centuries as self evident, is wrong. and Affordability Act. get to determine social policy, not People ask why do we need to do this They say we need to tackle the high judges. We should take this oppor- now? Why is it necessary? As has been price of gasoline that has affected this tunity to restore the authority of the noted, despite widespread public dis- entire country, something that again people over public policy and their own approval, activist judges are eroding affects profoundly the people I rep- constitutions. We should remind these the different State laws that define resent in South Dakota. However, they judges that the judiciary does not have marriage as a sacred union between a must forget the battle that has been a method of reasoning superior to the man and a woman. occurring since the early 1990s to open people or their elected representatives. Currently nine States face lawsuits up the Alaska National Wildlife Ref- Judges are good at deciding cases. challenging their marriage laws. Cali- uge, or ANWR, to oil exploration. It is They are good at applying law. But fornia, Maryland, New York, and Wash- something that has been debated con- when it comes to moral reasoning, ington State trial courts have followed sistently and repeatedly here and there is nothing in their legal training Massachusetts and found State mar- blocked from consideration. Once de- or in our laws that gives a few activist riage laws unconstitutional. The State veloped, ANWR could provide about judges a right to make wholesale social supreme courts in New Jersey, Wash- one million barrels of oil each day for change at the expense of the traditions ington State, and New York could de- the next 30 years, a good first step to- of the American people. cide marriage cases this year. ward solving this complicated problem. I support this amendment. It is mere- The only sure way to prevent the However, what we have run into is con- ly a congressional affirmation of what courts from redefining marriage is to tinued filibusters on what is a very the vast majority of citizens in Utah send to the States a Federal constitu- commonsense step toward reducing our and across the country already be- tional amendment that affirms mar- energy dependence. lieve—marriage should be between one riage and prevents activist judges from They are right, there are many im- man and one woman. hijacking that definition. portant issues facing Americans We have a long way to go, but as There have been those who have throughout this country. However, even this amendment’s opponents come to the floor and said that this they are pointing their fingers at the know, the fact that legislation will not really is not an issue the American wrong people. If they are so serious pass is no reason to avoid a debate. people care about. Well, I beg to differ, about solving America’s problems, they Only by debating can you build a con- if you look at what has happened in 19 should let the Senate vote on these sensus. The American people have al- States. Nineteen different States in issues, including the Marriage Protec- ready arrived at a consensus on this this country have adopted constitution Amendment.

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5459 One of the other issues which has The other thing that has been said by Very simply, the reason for this de- been raised throughout the course of our colleagues on the other side is, bate is that people in this country this debate is that we should not Why debate something if you know it want to know that we care enough trivialize the Constitution with this is not going to have the votes for pas- about the institution of marriage to amendment, that somehow marriage sage? Well, we may not get to 67 votes step up and defend it against attacks does not meet the threshold or the cri- this time around and I was not here in from liberal activist judges, against teria of the liberal elites to warrant 2004 when the Senator from Colorado courts that have decided that they discussion as an amendment to the brought this amendment to the floor want to redefine what we have known Constitution. and it was voted on previously, but I to be true about marriage for the past Well, there again, if you look at just am told it got somewhere around 48 several hundred years. That is where the last 20 years here in the U.S. Sen- votes. I think we will get more votes this debate ought to be heard. ate, there have been a whole range of for it this time. It ought to be heard by the people of constitutional amendments that have But the point is, why would we not the United States of America. It has been proposed by our colleagues on the debate meaningful issues here in the been in legislatures around the coun- other side. In fact, there are over 100 U.S. Senate? That is what we are here try. It is being heard here in the U.S. constitutional amendments that have for. If we just brought legislation to Senate today. The people’s voice is been proposed right here in the U.S. the floor of the U.S. Senate that we what we do. We give voice to the issues Senate by our colleagues on the other knew we had the votes to pass, we that the people in this country care side. would not be debating very much. about, and I happen to believe that this I was listening earlier to the debate We had a lot of amendments to the on the floor when the Senator from Il- is one of those issues. immigration bill that we debated in That is fundamentally what this de- linois, the Democrat whip, and the the last couple of weeks that failed by Senator from Nevada, the Democrat bate is about. It is not about whether large margins. Yet, I did not see any- leader, were talking again about how or not there are enough votes to pass body here saying we should not debate we ought to be talking about other it. It is not about whether or not this them because we know we do not have issues. It is interesting to note if you warrants the threshold of what is wor- the votes here to pass it. look at some of the constitutional thy for a debate on a constitutional The Senator from Illinois was talk- amendment. amendments that have been introduced ing about this earlier today saying: We here in the U.S. Senate, both of those As I said earlier, our colleagues on should not be debating this because we particular Members, as well as others the other side who are objecting to know it is not going to pass. The last of our colleagues on the Democrat side, that have offered over 100 constitu- amendment he offered to the immigra- have cosponsored many of those tional amendments over the past 20 tion bill, that was debated in the last amendments. years in this institution. It seems to They have cosponsored amendments couple of weeks in the U.S. Senate, got me that the definition of marriage, dealing with physical desecration of just 34 votes. Well, I think he has a that fundamental foundational build- the flag, of which I am also a cospon- right to debate that in the U.S. Senate, ing block of American society, is cer- sor, as well as an amendment dealing just like I think the people across this tainly worthy and warrants discussion with the regulation of contributions country who care passionately about and the time of the U.S. Senate. the defense of marriage have the right and expenditures intended to affect So I commend the Senator from Colo- to do so as well. elections. There was an amendment rado for bringing this to the floor. I The other thing that gets stated a lot proposed by the Senator from Illinois look forward to voting in favor of it. I in this debate is that we should not in that would abolish the electoral col- urge my colleagues to do the same, be- any way erode States rights, that lege and provide for the direct popular cause I believe that is what the Amer- somehow this amendment steps on election of the President and Vice ican people would have us do. States rights. That is wrong. Think President of the United States. There I yield the remainder of my time. was a constitutional amendment of- about it. This is what our Founders gave us. This is the mechanism where- Mr. MCCAIN. Mr. President, I under- fered by the Senator from Nevada that stand I am recognized for 15 minutes. proposes repealing the 22nd amendment by the people of this country can amend the Constitution. The PRESIDING OFFICER. The ma- which establishes Presidential term jority controls the time until 4 o’clock. limitations. It requires the active participation of There are always constitutional people all across the country, through Mr. MCCAIN. Mr. President, I believe amendments offered here in the U.S. their elected Representatives here in that the institution of marriage can Senate, and there are always those on the U.S. Senate where it takes a two- serve its public purposes only when it both sides of the aisle who have vary- thirds vote and the House of Represent- is understood as being a union between ing levels of interest in those. But the atives where it takes a two-thirds vote. one man and one woman. It is this un- reality is, that is what our Founders And then it goes to the States. Three- derstanding that offers public rein- gave us. This is the mechanism they fourths of the States, 38 States, would forcement to the vital and unique roles gave us whereby we can deal with some have to ratify this in order for it to be- played by mothers and fathers in the of these issues when there are constitu- come a part of our Constitution. That raising of their children. It is this un- tional questions. is about as much public participation derstanding that offers a foundation What has prompted this debate in the as you could possibly ask for. for principled objections to those who U.S. Senate is the fact that States Not to mention the fact, as I indi- would pursue the imprudent agenda of across this country, and in the Federal cated earlier, that we have already had dismantling an institution that has Government right here in Washington votes all across the country. Nineteen served us well, and replacing it with with the Defense of Marriage Act in States have put it on the ballot. Nine- newer and more flexible under- 1996, have all taken action on the issue teen States, by an average of 70 per- standings that are of questionable pub- of marriage. Yet, we have courts across cent, have affirmed traditional mar- lic value. the country that are challenging the riage as the union between a man and I also believe in the institution of re- will of the people in each of those re- a woman. publican government as described in spective decisions and going their own It seems to me the States ultimately the U.S. Constitution. This, too, is an way. They are trying to redefine mar- are going to decide this issue. If in fact institution that has served us well, riage in a way that is contrary to what this body and the U.S. House get the founded upon the precept that the I believe is the tradition of this coun- two-thirds votes that are necessary to American people speak through their try, not only the tradition of this coun- send it to the States, 50 State legisla- elected representatives, and these rep- try, but since the beginning of time. tures are going to be debating this. resentatives remain at all times an- This is an important issue. It is an Thirty-eight of them are going to have swerable and accountable to the people important debate. It is a debate that I to decide if it is the right thing to do whom they serve. Today, on the ques- believe we need to have in this coun- before it ultimately becomes part of tion of marriage, we are told by advo- try. the Constitution of the United States. cates on both sides of the debate that

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5460 CONGRESSIONAL RECORD — SENATE June 6, 2006 these two institutions, as they are cur- habits and general political philosophy I understand that the precipitous rently understood, cannot be rec- range from conservative to moderate Massachusetts decision as well as the onciled, and that one or the other must to liberal. unlawful granting of marriage licenses be changed. I do not agree, and thus I It is obvious that there is a broad to same-sex couples in a few localities do not at this time support the pro- consensus in this country in support of outside Massachusetts, challenges to posed Marriage Protection Amend- the traditional definition of marriage. traditional marriage laws in other ment. And when the American people are so States, and the decision last year by The proposed amendment would es- decided in a public debate, their elect- the Federal district court in Nebraska tablish in our Constitution a perma- ed representatives will defend that con- that struck down an amendment to Ne- nent resolution of a debate that is cur- sensus. Forty-five States have either braska’s constitution restricting mar- rently and properly being resolved in constitutional protections or statutes riage to a man and a woman have different ways, in 50 different States, on the books defining marriage in tra- added to the support for a Federal mar- by the people’s elected representatives. ditional terms. In 1996, Congress passed riage amendment. While that support Our system of federalism is not easily and President Clinton signed into law does not mirror the broad national con- separable from our commitment to re- the Defense of Marriage Act, which al- sensus in support of traditional mar- publican government, because it is lows each State to deny within its riage, it is substantial and passionate. driven by the idea that we are best gov- boundaries the status of marriage to I understand that and I respect it, and erned when those who represent us live the union of a same-sex couple that I agree that marriage a uniquely im- where we live, and share the values may have been recognized in another portant institution should be pro- that we share. It is this understanding State. To date, the Defense of Marriage tected. But I do not agree that all the that has allowed us the strength, as a Act has not been successfully chal- above circumstances have made it nec- Nation, to time and again preserve our lenged in Federal court. essary to usurp from the States, by unity and confront our challenges in The broad consensus in support of means of an amendment to Federal times of crisis, no matter how great traditional marriage does not yet ex- Constitution, their traditional role in our differences on issues that are the tend to support for the measure we are regulating marriage. I’m reluctant to subject of heated public debate. The debating today, an amendment to the abandon the federalism that is part of continued vitality of America’s com- Federal Constitution defining marriage the essence of conservative political mitment to federalism and republican as the union between a man and a thought in our country. And I am very government offers a hopeful example to woman. I suspect that is because most wary of the unintended consequences strife-torn areas of our world where Americans are not yet convinced that that might follow from making an ex- conflicts are tragically settled with their elected representatives or the ju- ception to our federalist principles for bullets rather than ballots. The con- diciary are likely to expand decisively the sake of addressing a threat to the stitutional value of federalism is dou- the definition of marriage to include institution of marriage that may still, bly important in the area of family same-sex couples. indeed, seems likely to be, defeated by law, because power to legislate in this Obviously, the Massachusetts Su- means far less precedent setting than area has traditionally been reserved to preme Court’s ruling in 2003 effectively amending our Nation’s Constitution. the states, and because issues of family extended lawful marriage to same-sex Of course, while I disagree that the structure affect the fabric of the broad- couples even though it is apparent that current constitutional structure pro- er community, creating the oppor- a majority of Massachusetts residents vides insufficient mechanisms for en- tunity for approaches that reflect the do not support that change in the insuring that the public meaning of mar- values of the States that form our Na- terpretation of the State’s marriage riage is not tampered with by activist tion. laws. But there are political remedies judges, it would be disingenuous to Most Americans believe, as do I, that to what, I believe, can be fairly criti- argue that those who support the pro- the institution of marriage should be cized as judicial activism that ignored posed amendment have no grounds for reserved for the union of a man and a the will of the people and denied a their concern. In recent decades there woman. Wherever the question of State government its long established have been too many occasions on which same-sex marriage has been put to the right to regulate marriage. In Massa- the Federal Courts, including the Su- test of public approval, it has been de- chusetts, more than 120,000 voters preme Court, have forgotten their cisively rejected. Presently, 19 States signed a petition to place on the ballot proper role, and abandoned the virtues protect in their constitutions tradi- an amendment to the Commonwealth’s of federalism and republican govern- tional definitions of marriage. In 2004, constitution restoring the traditional ment in favor of imposing their own amendments to State constitutions definition of marriage. A constitu- policy preferences in the guise con- preserving the institution of marriage tional convention to consider amend- stitutional interpretation. Decisions exclusively as the union of a man and ing the Massachusetts constitution is such as Roe v. Wade continue to distort woman were placed on the ballot in 13 scheduled to convene on July 12. the democratic process in ways large States. All 13 passed by substantial The Nebraska decision is under re- and small to this very day. It is a tell- margins. Thus far, seven States have a view by the U.S. Court of Appeals for ing commentary on those who seek to constitutional amendment on the bal- the Eighth Circuit, which has already change the longstanding public mean- lot this year. There is little doubt they heard oral arguments in the case, and ing of marriage that in many instances will all prevail. Proponents of an might issue a ruling as early as this they have chosen to pursue their agen- amendment to my State’s constitution, summer. Most analysts, on both sides da through the courts rather than tak- which I support, are working hard to of the debate, believe the lower court’s ing their case to the people. Those who collect the required number of signa- decision will be reversed, and the ex- wish to engage the issue in good faith tures to secure a place on the Novem- clusive protections for traditional mar- should reject out-of-hand attempts to ber ballot. If we succeed, I am certain riage that the people of Nebraska read into the Constitution a right to Arizonans will adopt it overwhelm- adopted in 2000 by a vote of 70 percent same-sex marriage, because the Con- ingly. will be restored to their constitution. stitution says absolutely nothing There can be little doubt that a size- Nebraska’s attorney General has not about it, and because the longstanding able majority of the American people, even felt it necessary to ask for a stay traditions of American society have de- whatever their views on other ques- of the district court’s decision pending fined legal marriage as a union be- tions involving the rights of homo- the outcome of the appeal, which would tween one man and one woman. Indeed, sexuals in our society, strongly support almost certainly have been granted. I yet another reason I am reluctant to reserving the institution of marriage assume this is because Nebraska still support the proposed amendment at for the union of one man and one has a defense of marriage law on the this point in time is that I do not ac- woman. That majority includes, I am books, and there are no same-sex mar- cept the proposition that the current confident, majorities in every State in riage cases pending in Nebraska courts Constitution could ever reasonably be the Union. It includes Americans of or same-sex marriage legislation pend- read to contain a supposed ‘‘right’’ both political parties, whose voting ing in the Nebraska Legislature. that it plainly does not contain.

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5461 It is just not clear to me that threats preference to retain intact the institu- that happens best is where mothers and to the institution of marriage that tion of marriage, defined according to fathers properly unite, in marriage. have arisen in recent times have be- the values of our communities as the The state sanctions and encourages come a permanent breach of State au- union of one man and one woman, will marriage not only because it wants to thorities’ traditional role in regulating prevail, and that attempts to ignore validate a lifelong personal relation- and defining marriage as the people of the people’s will, either by judicial fiat ship, but, more importantly, because their States and their elected rep- or by the occasional enterprising poli- we need a stable institution for child- resentatives see fit. My confidence that tician will, in due course, be overcome. rearing. That is why this issue is of the public meaning of marriage will be I might be wrong, and I respect the such great importance. decided in the context of federalism concerns of Americans who believe cur- We send a very important message to and republican government rather than rent circumstances urgently require our children when we stand up for the by judicial fiat is strengthened by the the constitutional protection of tradi- institution of marriage. We tell them recent confirmations of Chief Justice tionally defined marriage. But I do not that marriage matters—that tradi- Roberts and Justice Alito, and I hope believe that recent developments yet tional family life is a thing to be hon- that future appointments to that State pose a threat to marriage that cannot ored, valued, and protected. We tell and Federal courts give us judges who be overcome by means short of a con- them that marriage is the best envi- share a similar understanding of the stitutional amendment. ronment for the raising of children. We courts’ proper role in our constitu- While I will vote in opposition to this tell them that every child deserves a tional system. amendment, I believe its advocates mother and a father. We point them to However, if I am wrong, and the Ne- should be reassured that if in the fu- the ideal. We simply cannot strip mar- braska decision were to be upheld on ture the public meaning of marriage is riage of its core—that it be the union appeal; or were other challenges to taken from the hands of the people and of a man and a woman—and expect the State marriage laws made and upheld; altered by judges who claim falsely to institution to survive in its present or if majority sentiment and legisla- speak before all others for the people’s form. The law of unintended con- tive remedies in affected States fail to constitutional ideals, then it will be sequences certainly applies here, as in overcome peremptory judicial intru- the people, acting through their elect- all things. We cannot strip the institu- sions into the political process of defined representatives in this Chamber, tion of its essence and expect no ad- ing marriage; or if the Supreme Court who will at that time have the final verse consequences. were to reject the Defense of Marriage word. Until then, however, I will trust That leads me to the second ques- Act, then, and only then, would the in the American people and the elected tion: is a constitutional amendment problem justify Congress making the representatives closest to them to pass necessary, or can the future of mar- momentous decision to amend the and enforce laws upholding the institu- riage be handled at the state level? I most enduring and successful political tion of marriage in accord with the val- have heard some of my colleagues compact in human history as the only ues of their communities. argue that this issue is best left to the recourse means to restore the public’s I yield the floor. States. They argue that family law is right to define, according to the values The PRESIDING OFFICER. The Sen- traditionally a State issue, and that and concerns of our communities, a ator from Arizona. the States are best equipped to manage critically important foundation of our Mr. KYL. Mr. President, I rise today family law matters. They say that Con- society. in support of S.J. Res. 1, the Marriage gress should do nothing, and just let Let me pose a hypothetical situation Protection Amendment to the U.S. each jurisdiction sort this out on its to illustrate why we should be reluc- Constitution. I support this amend- own. tant to impose a constitutional remedy ment because traditional marriage is First, just as a matter of history, to a problem that will probably be re- the bedrock institution of our society some like to say that the definition of solved in an ordinary, State by State and its integrity must be maintained. marriage is only a State issue, but his- political process, consistent with the The people and State legislatures tory shows that the question is a bit respect for federalism we Republicans around the country have approved laws more complicated. For example, when have long claimed as one of our vir- and constitutional provisions to pro- Congress admitted Utah as a State in tues. Those of us who consider our- tect traditional marriage, but courts 1896, it expressly required Utah to ban selves pro-life would welcome the Su- persist in reinterpreting their State polygamy. In other words, the Federal preme Court’s reversal of the Roe v. constitutions to redefine the institu- Government imposed the traditional Wade decision that found a constitution. I believe that, to prevent that definition of marriage, because Mem- tional right to an abortion. The result kind of judicial activism from spread- bers of Congress believed that the issue of that reversal would be to return the ing, and to guarantee that people and was of national importance. And in regulation of abortion to the States, the States can decide the issue, Con- general, at least since the Civil War, where the values of local communities gress should approve the marriage we have moved increasingly towards a would be influential. Now, further sup- amendment and send it to the States system in which the core questions pose that abortion rights advocates for ratification. about how to order our society are an- held majorities in both houses of Con- In my brief remarks, I will address swered on a national level. gress, and rather than argue State by two basic questions. First, is marriage Second, we should focus on what State for liberal abortion laws, they worth defending? And second, is a con- ‘‘federalism’’ actually means. Many op- decided to usurp the States’ authority stitutional amendment necessary, or ponents of this constitutional amend- by means of a constitutional amend- can this question be handled through ment suggest that our federalist prin- ment protecting abortion. Wouldn’t we the states? ciples require us to sit on our hands who consider ourselves federalists loud- On the first question, the answer and do nothing. Respectfully, I believe ly protest such a move? Wouldn’t we should be clear to all. Traditional mar- that the underlying principle that all line up on the floor to quote Mr. riage—marriage between a man and a gives federalism its power is being mis- Madison from Federalist Paper 45, woman—is the fundamental institution understood and misapplied. In fact, I that: of our society. That is primarily be- think exactly the opposite is true: a cause marriage is the best environment The powers reserved to the several states genuine examination of the principles will extend to all the objects, which, in the for the protection and nurturing of of federalism and States’ rights should ordinary course of affairs, concern the lives, children. Traditional families are lead one to support this amendment. liberties and properties of the people, and where we hope that children will be The purpose of federalism is to em- the internal order, improvement and pros- born and raised and where we expect power the American people and to bol- perity of the State. them to receive their values. If we ster democratic participation by ensur- Yes, we would, Mr. President, yes, we want our Nation’s children to do well, ing that questions are decided at the would. we need to do everything we can to en- local level, wherever possible. I believe that in the ‘‘ordinary course sure that children grow up with moth- We do not want the Federal Govern- of affairs,’’ the American people’s clear ers and fathers. And the place where ment deciding questions of purely local

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5462 CONGRESSIONAL RECORD — SENATE June 6, 2006 importance, so we have limits on Fed- Third, there has been increased ac- hances federalism and States’ rights. It eral power. These limitations are de- tion in Federal courts. In particular, a ensures that there is a national con- signed not so much to protect State Federal district court in Nebraska sensus on this question, and it pushes governments, but to ensure that de- struck down the State’s constitutional the decisionmaking down to the most mocracy works more efficiently and amendment protecting traditional representative political leaders in our that policy is set by the American peo- marriage. The case is on appeal to the system, rather than allowing a few ple through the officials that they Eighth Circuit, and a decision is likely judges to amend the Constitution by know better and who are physically sometime this summer. Regardless of overturning two centuries of our com- closer to them. Thus, federalism is not how the case comes out, it shows the mon understanding. a dry question of allocating power aggressiveness of the advocates for I have much more to say, especially among governments and politicians. It same-sex marriage. In Nebraska, 70 regarding the meaning of this amend- is about finding the best way to en- percent of voters adopted a constitu- ment and the political situation in the hance the power of the people them- tional amendment stating clearly that States, but time is short, so I will ask selves. they wanted marriage to be preserved unanimous consent at the conclusion A vote against this amendment does in its present, traditional form. Yet the of my remarks to have printed excerpts nothing to enhance the power of the ACLU still sued. from a policy paper that I issued as American people. The only thing it There has been other Federal court Chairman of the Senate Republican does is enhance the power of the action as well. For example, activists Policy Committee, ‘‘Why a Marriage courts. To hear this talk of ‘‘States’ filed a lawsuit in Federal court in Amendment is Still Necessary,’’ which rights’’ and ‘‘federalism,’’ you might Oklahoma challenging the State con- was published back on March 28. To cite ‘‘federalism’’ or ‘‘States’ think that the American people are stitutional amendment enacted by voters, as well as Federal DOMA itself. rights’’ is to avoid the issue as it is ac- clamoring for same-sex marriage. In DOMA also came under fire in Cali- tually playing out. Instead, we must fact, just the opposite is true. Opinion fornia, where a Ninth Circuit panel dis- decide whether this question belongs in polls consistently show nearly 60 per- missed a constitutional challenge on the courts, where it is now, or whether cent opposition to same-sex marriage. technical, standing grounds. Some it belongs in the legislatures and before Moreover, when citizens are given the good news came in Florida, where a the people. I submit that we should not opportunity to vote on State constitu- Federal district court upheld DOMA’s stand in the way of the American peo- tional amendments, they support those traditional definition of marriage for ple’s right to speak on this question. I amendments by an average of 70 per- purposes of Federal law. have faith that this constitutional cent. So, in summary, there are currently amendment process will work—that No, as we all know, the danger here 9 States facing lawsuits challenging the difficult social and cultural ques- is not State legislatures, but judicial their marriage laws—California, Con- tions posed by same-sex marriage can activism from the courts. The Amer- necticut, Iowa, Maryland, Nebraska, be resolved satisfactorily through the ican people are not deciding this ques- New Jersey, New York, Oklahoma, and democratic process of passing this con- tion; the courts are. The alternative to Washington. I should add that State stitutional amendment. a Federal constitutional amendment is supreme courts are expected to rule in But I am even more sure that, if we not one in which the people are left to New Jersey and Washington sometime fail to send this amendment to the peo- operate their States as laboratories, as this year. ple, and if the courts continue on their Justice Brandeis once suggested, but I mention all these cases because current path, our Nation will face dec- one in which the people are robbed of they show the folly of relying on ‘‘fed- ades of division that will make current any ability to control this issue. eralism’’ or ‘‘States’ rights’’ to resolve frustrations with judicial activism So let us deal with the facts on the this national debate. The people are seem quaint in comparison. If we refuse ground, so to speak. This is not being not deciding these lawsuits; judges are. to act, the big loser will be not only ‘‘handled’’ by the States today. It is If we do nothing—if we stand aside and traditional marriage, but the people’s being handled by the courts. Even in let the States work it out, as some of respect for the judicial system and for the ‘‘reddest of the red’’ States such as my friends argue, then the American the rule of law itself. Such a break- Nebraska and Oklahoma, each of which people will see the institution of mar- down would be disastrous, but it is adopted State constitutional amend- riage redefined against their will. It is avoidable. It is avoidable if Congress ments to protect traditional marriage, happening now, and it is going to con- votes ‘‘yes’’ and sends this amendment the activists have sued Federal court tinue happening for as long as this to the States for ratification. and said those State amendments are body punts on this issue. Mr. President, again, it should go unconstitutional under Federal law. If we want to stand up for fed- without saying that traditional mar- The citizens of these States are not eralism—not to mention traditional riage as we understand it between men being permitted to decide this ques- marriage—then let’s look at how a con- and women is a fundamental institution. ‘‘States rights’’ implies not stitutional amendment works. The tion of our society and that we should courts, but the people, making these constitutional amendment process out- do everything we can to ensure its decisions. lined in Article V of the Constitution is preservation. The reason that is so is Let’s look at what is happening in the most democratic, the most grass primarily because marriage is the best the courts, with special attention to roots, and the most respectful process environment for the protection and the what has happened since we last de- available for the establishment of na- nurturing of children. We send a very bated this amendment. tional policy. A constitutional amend- important message to our children First, since July 2004, State trial ment requires the support of 2⁄3 of both when we stand up for this institution. courts in Washington, New York, Cali- houses of Congress. Then it requires We tell them that marriage matters, fornia, and Maryland all have struck the support of the legislatures of 3⁄4 of that traditional family life is a thing down traditional marriage laws. Those the States in the Union. Then, and to be honored and valued and pro- cases are now on appeal. So, compare only then, can the amendment become tected. We tell them that marriage is today versus 2 years ago. In July 2004, effective. This is a very high hurdle, the best environment for raising of we were looking only at Massachu- but it guarantees that the American children, that every child deserves a setts. Today, State courts in four other people have a full and complete oppor- mother and a father. We point them to States have followed Massachusetts’ tunity to speak to the issue, that they this ideal. We simply cannot strip mar- lead. can express their views to their Sen- riage of its core, that it be the union of Second, even more State court law- ators, their Congressmen, and their a man and a woman, and expect the in- suits have been filed. In Connecticut State legislators. It takes time. But in stitution to survive in its current form. and Iowa, same-sex marriage advocates the end, if a constitutional amendment The law of unintended consequences argue that each State’s traditional passes, we know that the American certainly applies here as in all things. marriage law is unconstitutional, and people want it. We can’t strip the institution of its es- that the courts must redefine the insti- In other words, Mr. President, the sence and expect no adverse con- tution to include same-sex couples. constitutional amendment process en- sequences.

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5463 That brings us to the second core The PRESIDING OFFICER. The time ary 2006, and state has said it will appeal. A question: Is a Federal constitutional of the Senator has expired. complete time line is unclear, but no final amendment necessary to preserve this Mr. KYL. Mr. President, would I be decision from state supreme court is ex- institution? I have come to the conclu- out of order if I asked for unanimous pected until 2007 at the earliest. Nebraska: Federal constitutional challenge sion that it is. The question is whether consent for 1 more minute to conclude to state constitutional amendment pro- this matter can be and is properly my remarks? tecting traditional marriage. Plaintiffs won being handled at the State level, as The PRESIDING OFFICER. Without in federal district court, and the state ap- some of our colleagues have contended. objection, it is so ordered. pealed to the federal appeals court. Oral ar- It is being handled at the State level to Mr. KYL. In summary, to summarize guments were heard in February 2006, and a be sure, but the question is whether it these cases, there are currently nine decision is expected in the spring or summer is being handled by the people or by States facing lawsuits challenging of 2006. their elected representatives or wheth- their marriage laws—California, Con- New Jersey: Direct challenge to state mar- er in effect the Constitution is being riage laws. Plaintiffs seek redefinition of necticut, Iowa, Maryland, Nebraska, marriage to allow same-sex marriage. Filed rewritten by the courts, whether a cou- New Jersey, New York, Oklahoma, and in 2002. The state successfully defended tra- ple of centuries of tradition about a Washington—and the State supreme ditional marriage laws in trial and appeals common understanding of what tradi- courts are expected to rule in New Jer- court, and the case is now before the state tional marriage meant is being eroded sey and Washington sometime this supreme court. Oral arguments were heard in by court decisions rather than the will year. February 2006, and a decision is expected in of the people. So the bottom line is this: The people the summer or fall 2006. Opinion polls consistently show near- are not deciding the Constitution, the New York: Multiple direct challenges to ly 60 percent opposition to same-sex state marriage laws. Plaintiffs seek redefini- judges are. If we do not do anything, if tion of marriage to allow same-sex marriage. marriage, and when citizens are given we stand aside and let the States work the opportunity to vote on State con- Filed in 2004. After conflicting results in it out, as some of my friends have sug- lower state courts, the state’s highest court stitutional amendments, they approve gested, then the American people are is now reviewing the case. A decision is ex- them by an average of about 70 per- likely to see the institution of mar- pected no sooner than late 2006. cent. So the danger here is not State riage redefined against their will, and Oklahoma: Federal constitutional chal- legislatures but judicial activism from it will be much more difficult to adopt lenge to state constitutional amendment the courts. The American people are protecting traditional marriage. Plaintiffs a constitutional amendment after also challenge federal DOMA. Filed in 2004. not deciding this question; the courts these rulings are in place than it is to are. That is why the notion that we Case is pending in federal district court. A do so before they are in place. motion to dismiss has been pending since need to preserve federalism or States Mr. President, I ask unanimous con- rights is, in my view, misplaced. January 2005, and a decision is expected in sent to have printed at the conclusion 2006. The alternative to a Federal con- of my remarks excerpts from a policy Washington: Direct challenge to state mar- stitutional amendment is not one in paper that was issued by the Senate riage laws. Plaintiffs seek redefinition of which the people are left to operate Republican Policy Committee. marriage to allow same-sex marriage. Filed their States as laboratories, as Justice There being no objection, the mate- in 2004. Plaintiffs won in state trial court, Brandeis once suggested, but one in and the cases are now on appeal to the state rial was ordered to be printed in the which the people are robbed of any supreme court. Oral arguments were heard in RECORD, as follows: ability to control the issue because it March 2005, and a decision is expected in is being resolved in the courts. Even in The following are excerpts from a policy 2006. paper titled ‘‘Why a Marriage Amendment is Note that in four of those states facing the reddest of the red States, such as Necessary,’’ released by the Senate Repub- current challenges—California, Maryland, Nebraska and Oklahoma, each of which lican Policy Committee on March 28, 2006. New York, and Washington—state trial adopted State constitutional amend- Footnotes and citations are omitted. courts have already struck down marriage ments to protect traditional marriage, SUMMARY OF PENDING LAWSUITS laws and found a right to same-sex marriage the activists have sued in Federal As predicted at the time, the Massachu- in state constitutional provisions dealing court and said that those amendments setts decision in Goodridge proved the cata- with equal protection and due process. Those are unconstitutional under Federal lyst for a flood of new lawsuits. As of March decisions are stayed pending appeal. State law. So the citizens of these States are 2006, nine states face active lawsuits chal- courts in Hawaii, Alaska, and Oregon had not being permitted to decide the ques- lenging their traditional marriage laws: previously done the same, but state constitu- California, Connecticut, Iowa, Maryland, Ne- tional amendments subsequently reversed tion. States rights implies not the those decisions. courts but the people making the deci- braska, New Jersey, New York, Oklahoma, THE INCREASE IN LEGAL CHALLENGES sions. That will not be what happens if and Washington. Those cases are summa- rized below: These current lawsuits are part of a grow- these constitutional provisions are ing trend. Until recently, very few states had thrown out by the courts. STATUS OF PENDING LAWSUITS CHALLENGING STATE MARRIAGE LAWS seen attacks on their marriage laws. As of Look at what happened in just the 1992, lawsuits had been filed in Minnesota California: Direct challenge to state mar- last couple of years here, since we last (1970), Kentucky (1973), Washington (1974), riage laws. Plaintiffs seek redefinition of debated the amendment. In 2004, State Colorado (1980), and Hawaii (1990). As the Ha- marriage to allow same-sex marriage. Filed waii case gained traction, activists filed new trial courts in Washington, New York, in 2004. Plaintiffs won in trial court in April lawsuits in Alaska (1995), Vermont (1997), California, and Maryland all struck 2005. Appeal is now pending in state court of Massachusetts (2001), New Jersey (2002), Indi- down traditional marriage laws. Those appeals in San Francisco. A complete ana (2002), Arizona (2003), and Nebraska cases are now on appeal. So compare timeline is unclear, but no final decision (2003). Since the Massachusetts high court today versus 2 years ago. In July 2004, from state supreme court is expected until struck down traditional marriage laws in 2007 at the earliest. we were looking only at Massachu- 2003, cases were filed in Alabama, California, setts. Today, State courts in four other Connecticut: Direct challenge to state marriage laws. Plaintiffs seek redefinition of Connecticut, Florida, Maryland, New York, States have followed Massachusetts’ North Carolina, Oklahoma, and West Vir- lead. So the concern about the courts marriage to allow same-sex marriage. Filed in 2004. Case is pending in state trial court in ginia in 2004, and in Iowa in 2005. In many of intruding into this area is not a hypo- New Haven. A complete timeline is unclear, these states, such as Florida, California, and thetical future concern but a reality but no final decision from state supreme New York, more than one lawsuit was filed. today. court is expected until 2007 at the earliest. The number of states that have faced chal- Even more State court lawsuits have Iowa: Direct challenge to state marriage lenges to their marriage laws has more than been filed—for example, in Connecticut laws. Plaintiffs seek redefinition of marriage quadrupled since the early 1990s. and Iowa. In addition to that, there is to allow same-sex marriage. Filed in 2005. THE COMMON THREAD IN THE LAWSUITS increased action in Federal courts. In Case is pending in state trial court. A com- CHALLENGING TRADITIONAL MARRIAGE LAWS particular, the Federal district court in plete timeline is unclear, but no final deci- These lawsuits are brought under a variety Nebraska struck down a State’s con- sion from state supreme court is expected of state constitutions or, in the federal until 2007 at the earliest. cases, they are based on the U.S. Constitu- stitutional amendment protecting tra- Maryland: Direct challenge to state mar- tion, but the cases’ substance are very simi- ditional marriage, as I mentioned a riage laws. Plaintiffs seek redefinition of lar. moment ago. That case is on appeal to marriage to allow same-sex marriage. Filed First, nearly all the lawsuits are brought the Eighth Circuit. in 2004. Plaintiffs won in trial court in Janu- by the same cadre of legal activists at the

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5464 CONGRESSIONAL RECORD — SENATE June 6, 2006 American Civil Liberties Union, the Gay & tember 21, 1996) (‘‘federal DOMA’’ or unconstitutional. To date, the federal gov- Lesbian Advocates & Defenders, Lambda ‘‘DOMA’’) is a sufficient guarantor of tradi- ernment has been successful in defending Legal Defense & Education Fund, and the tional marriage laws. It is not, nor was it de- DOMA, for example, by prevailing in federal Freedom to Marry coalition. This is a coordi- signed as a comprehensive solution to judi- district court in Florida. Nevertheless, same- nated and well-funded national campaign. cial activism on the same-sex marriage ques- sex marriage advocates have made clear that Second, on substance, these advocates reg- tion. they believe DOMA is unconstitutional and ularly argue that civil marriage is a funda- WHAT DOMA DOES AND DOES NOT DO that they will continue to press their posi- mental right; that denying civil marriage to DOMA was a limited law passed to address tion in federal courts. same-sex couples violates their right to two distinct issues—forced interstate rec- These lawsuits involving federal DOMA do equal treatment based on sex and sexual ori- ognition and the definition of marriage for not form the ‘‘core’’ of the campaign in the entation; and that the state can offer no le- the purposes of federal laws and regulations. courts. Instead, same-sex marriage advo- gitimate justification for not redefining Interstate recognition: DOMA’s primary cates are focusing on direct attacks on state marriage to include same-sex couples. purpose was to bolster state courts’ pre- marriage laws, both through state court Third, the advocates frequently rely on the existing power to refuse recognition to out- challenges to statutory DOMAs, and through U.S. Supreme Court’s decisions in Lawrence of-state marriages that do not comply with federal court challenges to state constitu- v. Texas, 539 U.S. 558 (2003) (holding that sod- the state’s laws and public policy. DOMA did tional amendments. The key to the expan- omy bans are unconstitutional) and Romer v. this by making clear that the Constitution’s sion of same-sex marriage in the courts is Evans 517 U.S. 620 (1996) (holding unconstitu- Full Faith & Credit clause should not be read not striking down federal DOMA, but con- tional a Colorado state constitutional to require interstate recognition of same-sex vincing courts at all levels that same-sex amendment barring enactment of laws aimed marriages. See 28 U.S.C. § 1738C. However, it marriage is a fundamental right that cannot at benefiting homosexuals), as general sup- is crucial to understand that, as a matter of be denied. port for the transformation of equal protec- tradition and comity, states regularly recog- WHAT HAPPENS IF CONGRESS DOES NOTHING? tion and due process jurisprudence to require nize marriages that were solemnized in other same-sex marriage. Even those challenges states. It is also well established that a state Failing to act to protect traditional mar- that purportedly rely on state law also look court may refuse to recognize an out-of-state riage laws by a constitutional amendment to federal cases for support. marriage if doing so would contravene local will, in the end, likely result in the judicial Finally, the advocates often rely on the ‘‘public policy.’’ At least in the 45 states imposition of same-sex marriage on a na- Massachusetts decision in Goodridge as per- with laws defining marriage as man-woman, tionwide basis. First, some state supreme suasive authority, along with the similar the public policy preferences should be clear, courts undoubtedly will strike down state trial court opinions in Washington and New and state courts, therefore, should be con- marriage laws. Second, cultural and legal York. Thus, in our integrated legal system, strained to refuse recognition of out-of-state confusion will develop over a period of years court cases in one state affect litigation same-sex marriages. as the nation struggles unsuccessfully to elsewhere; one cannot argue that what hap- DOMA’s effect on interstate recognition is, deal with a patchwork, state-by-state ap- pens in Massachusetts has no therefore, quite limited. It just addresses the proach. Third, federal courts will be forced extraterritorial impact. situation in which a state court refuses to to address fundamental questions of due CITIZENS ARE FIGHTING TO PROTECT STATE abide by its state public policy and relies on process and equal protection that will MARRIAGE LAWS the Full Faith & Credit clause in recognizing emerge. And, as a result of certain liberal- When the advocates began this effort in an out-of-state, same-sex marriage. However, leaning precedents, the final step could be a Hawaii in the early 1990s, only a few states DOMA will not have any effect on a case in U.S. Supreme Court ruling that marriage had expressly defined marriage as between a which an out-of-state, same-sex marriage is laws be rewritten to require same-sex mar- man and a woman (although state common recognized because the judge believes that riage in all states. law typically assumed it). Moreover, no the equal protection or due process clauses STEP NO. 1: STATE-BY-STATE FRAGMENTATION states had amended their constitutions to require it. DOMA does not ‘‘prevent’’ any VIA JUDICIAL ACTIVISM protect against state court judicial activism. court from recognizing out-of-state mar- After the Hawaii court attempted to redefine riages; it merely removes one of several ra- At present, legal activists are not asking marriage, however, citizens became politi- tionales that a court could use in doing so. the courts to impose same-sex marriage on a cally engaged to ensure that their states’ Definition of marriage for purposes of fed- nationwide basis. Instead, they are targeting laws were clear. After Americans saw just eral law: DOMA had a second purpose: to de- their efforts on particular states. As noted how far judges would go—striking down the fine marriage for purposes of federal law. above, nine states face challenges to their basic definition of marriage, and calling for Section 2 of DOMA states that, for the pur- marriage laws, and as one same-sex marriage its ‘‘eradicate[ion]’’—they stepped up their poses of federal statutes or any ruling, regu- advocate wrote earlier this month, it is high- activity and began to enact constitutional lation, or interpretation of federal adminis- ly likely that one or more of these state su- amendments that would shield the marriage trative action, ‘‘the word ‘marriage’ means preme courts will overturn traditional mar- definition from the judges. only a legal union between one man and one riage laws. Evan Wolfson, one of the premier The only states without statutory protec- woman as husband and wife, and the word gay marriage advocates in the nation, re- tions for traditional marriage are Massachu- ‘spouse’ refers only to a person of the oppo- cently told The American Prospect that the setts, New Jersey, New Mexico, New York, site sex who is a husband or wife.’’ See 1 movement’s strategy over the next several and Rhode Island. Moreover, voters in at U.S.C. 7. A well-known effect of this lan- years is to have 10 states legalize same-sex least seven states will consider state con- guage is to ensure that only persons in tradi- marriage. stitutional amendments in 2006, including tional marriage can file income tax returns Thus, the near-term tactical goal of these Alabama, Idaho, South Carolina, South Da- as married couples, but the reach is much activists is not national cohesion, but na- kota, Tennessee, Virginia, and Wisconsin. broader. The General Accounting Office has tional fragmentation of marriage defini- Other states with more cumbersome con- found that, ‘‘as of December 31, 2003, our re- tions. Same-sex marriage will be legal in stitutional amendment processes, such as In- search identified a total of 1,138 federal stat- some states, but illegal in neighboring diana, are following their state-specific proc- utory provisions classified to the United states. The results will not necessarily be re- esses to ensure that their state constitutions States Code in which marital status is a fac- gional, either. For example, Washington and are amended as soon as possible. tor in determining or receiving benefits, California courts may impose same-sex mar- Not only have nearly all states enacted rights, and privileges.’’ riage on their states, but Oregon’s citizens some form of protection for traditional mar- THE CONSTITUTIONAL CHALLENGES TO DOMA have already protected themselves for now riage, but they have done so with super- Both provisions of federal DOMA have been by state constitutional amendment. A Mary- majority support. In the 19 states that have challenged in federal court. For example, ac- land court has already struck down the considered state constitutional amendments, tivists have challenged the interstate rec- states’ laws, while Virginia will soon adopt a all have passed, and with an average support ognition provision in a case pending before state constitutional amendment. Moreover, of 71.5 percent. It is worth noting that the the U.S. Court of Appeals for the Ninth Cir- lawsuits are pending in Iowa, Nebraska, and support for constitutional protections for cuit, although the district court held the Oklahoma, and more could spring up in the marriage laws was strong regardless of plaintiff lacked standing to challenge that American heartland. Same-sex marriage, al- whether the elections occurred in conjunc- provision. The section defining marriage for ready a reality in Massachusetts, will crop tion with higher-turnout elections such as federal purposes is being challenged in that up throughout the nation. November 2004 or state primary or special same Ninth Circuit case, as well as in federal STEP NO. 2: LEGAL AND CULTURAL CONFUSION elections (in Louisiana, Missouri, and Kan- cases pending in Oklahoma and Washington DEVELOPS DUE TO FRAGMENTATION sas). state. In each case, the plaintiffs argue that FEDERAL DOMA IS INADEQUATE TO PROTECT the U.S. Constitution’s equal protection and The state-by-state fragmentation of the TRADITIONAL MARRIAGE LAWS due process guarantees require the recogni- nation serves the goals of same-sex marriage Perhaps the most common misunder- tion of same-sex marriages, and that efforts advocates because the result will be confu- standing about the same-sex marriage debate to limit the interstate reach of same-sex sion and chaos that cannot long endure. is the notion that the federal Defense of Mar- marriage or to limit marriage to hetero- First, marriage is a fundamental aspect of riage Act, Pub. L. 104–199, 100 Stat. 2419 (Sep- sexual unions for purposes of federal law are American culture. The nation has a variety

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5465 of regional and state-by-state cultural vari- across state lines, and reasonable questions time writing bigotry into the Constitu- ations, but it also has core values and stand- of fundamental fairness will be raised by tion. ards that apply on a national level. Mar- those couples. Why aren’t we taking up the defense riage’s core components—two people, hus- STEP NO. 3: COURTS MUST STEP IN AND SET authorization bill, which is so vital to band and wife—should be common through- NATIONAL MARRIAGE POLICY out the nation. This need for cohesion on the our national security? It provides the Such a fragmented legal system cannot authorization for the salaries for our nature of marriage was imperative 100 years survive indefinitely. Yet the solution to that ago, when Congress required Arizona, New confusion and chaos is not likely to be the troops in the field, including a 2.2 per- Mexico, Oklahoma, and Utah to include in state or federal legislatures, but the courts cent pay raise. It provides urgently their state constitutions express provisions that are confronting these problems on a needed equipment for our troops to banning polygamy ‘‘forever’’ before they routine basis. Federal courts will become in- carry out their missions in Humvees could be admitted to the Union. It is even creasingly involved (as they already are), with safer body armor. It authorizes more so today, when the American experi- and splits in the federal courts will develop. the food and supplies our troops need ence is much more national than regional. The legal advocates will renew their chal- As Evan Wolfson has written, ‘‘America is in Iraq and Afghanistan. It contains lenges to DOMA’s federal definition of mar- funds to care for those who are injured one country, not fifty separate kingdoms. If riage, and they will press courts to recognize you’re married, you’re married.’’ Wolfson is out-of-state marriages—first for limited pur- or wounded, or who may be suffering correct, and he and his allies are counting on poses, and then on a wholesale basis. (As dis- from posttraumatic stress disorder same-sex marriage in a few states (especially cussed above, DOMA’s interstate recognition when they come home. But the Repub- large and culturally influential states such provisions will not bar any court from forc- lican leadership of the Senate has told as California, New York, and Massachusetts) ing recognition of those marriages if that de- us that supporting our troops has to to pave the way for the spread of the institu- cision is based on other parts of the Con- tion throughout the nation. Resistance to wait. stitution.) Let’s be clear about what this debate this growth will be strong, as the state-level As federal constitutional cases develop, it DOMA activity shows. The inevitable result is likely that different circuit courts of ap- is really about. It is a blatant effort to will be increased social and cultural division. peals will resolve some of the core constitu- deny some members of our society the Second, the resulting cultural division will tional questions differently. Eventually, right to receive the same benefits and inevitably end up playing out in the courts, then, a question regarding the federal defini- protections that married couples now as same-sex marriage puts new stresses on tion of marriage and/or interstate recogni- the legal system. Homosexual couples who have. Like this Senate’s intrusion into tion will go to the Supreme Court. Which have marriage licenses have every right to the Terry Schiavo case, it is a cynical way will the Supreme Court rule? Nothing in move anywhere they want in the nation; it is attempt to score political points by the Constitution prohibits same-sex mar- a fundamental right protected under the overriding state courts and intruding riage, and, in our current constitutional sys- Constitution. Many of these lawsuits will tem, the various applications of marriage into individuals’ private lives and most have unique fact patterns that cannot be an- personal decisions. It’s the politics of ticipated, because same-sex couples will have law are typically left to the states. Con- sequently, it would be exceedingly unlikely prejudice and division at its worst. many of the same day-to-day interactions Make no mistake—a vote in support with the world as heterosexual couples do. for the Supreme Court actually to invalidate Some will get divorced when their marriage same-sex marriages. On the other hand, it of this amendment has nothing to do fails. They will execute and enforce wills will have a duty to assist the lower courts in with the ‘‘protection of marriage.’’ A when one dies. They will open businesses, en- the management of the plethora of thorny vote for it is a vote against civil gage in the economy as a household, and face legal problems that same-sex marriage will unions, against domestic partnerships, occasional legal conflicts. Child custody bat- have created in a patchwork system. The and against all other efforts by States Court will be under enormous pressure to tles will occur, as will cases involving run- to treat gays and lesbians fairly under of-the-mill torts and contract disputes. But craft a national solution. The problem for traditional marriage supporters is that the the law. It’s a vote to impose discrimi- as courts struggle to fit their legal relation- nation on all 50 States, and to deny ships into existing state legal systems, the Supreme Court has expanded (or distorted, in cases will take on a constitutional dimen- some views) the Constitution’s equal protec- them their right to write and interpret sion. tion and due process clause enough that a their own State constitutions and Consider an example of a complicated case majority would have precedents to stretch State laws. It’s a vote to deny States involving recognition of same-sex marriage and manipulate if it were so inclined. Justice the right to define what marriage that is already before the courts. Two Wash- Scalia, in particular, has warned that the equality means. ington state women received a marriage li- Supreme Court’s decisions in Lawrence v. Marriage is a solemn commitment to cense in Canada and later declared bank- Texas and Romer v. Evans now give same-sex marriage advocates non-trivial arguments in plan a future together, to share in life’s ruptcy back in Washington. They filed their celebrations, to be there as a source of petition jointly, citing their Canadian mar- favor of judicial imposition. riage license. Because bankruptcy law is fed- In summary, a patchwork of definitions is comfort to ease life’s burdens and eral, and because DOMA directly addresses not likely to endure; to think that it will is pains. This impacts real families with the definition of ‘‘spouse,’’ the bankruptcy little more than wishful thinking. If Con- real-life struggles. When the citizens of court was required to rule on the constitu- gress leaves this question to the state a State have decided to recognize those tionality of DOMA as applied to this bank- courts, then the ultimate arbiter will be the families—through their State constitu- ruptcy petition. In 2004, the bankruptcy Supreme Court. And over time, given the existing precedents and the threat that some tion or State laws—the Senate has no court upheld DOMA’s federal definition, and business undermining their personal, an appeal was taken to the federal district Supreme Court Justices would twist the case law for social engineering purposes, it is un- private decisions. court, where it is pending today. The federal Some even claim that our recent ac- district court has stayed consideration of the realistic to rely on the high court to be a case until the Washington Supreme Court bulwark in defense of traditional marriage tion in Massachusetts is a threat to the rules on whether same-sex marriage should laws. rest of the Nation. Over 8,000 couples be mandated in that state, which, the peti- The PRESIDING OFFICER (Mr. MAR- have celebrated their commitment to tioner argues, could impact how the bank- TINEZ). The Senator from Massachu- each other since our Supreme Judicial ruptcy petition should be treated. setts. Court ruled that the State constitution This bankruptcy case is one example of the Mr. KENNEDY. Mr. President, it’s no requires marriage equality. many ways in which same-sex ‘‘married’’ surprise that the American people are In ruling to allow same-sex marriage, couples living in non-same-sex-marriage frustrated with the Republican Senate states can end up in the legal system. Al- our State’s Supreme Judicial Court though 45 states have an expressed policy of these days. They deserve and want ac- was interpreting the Massachusetts opposition to same-sex marriage, and the tion on the enormous challenges we constitution, not the U.S. Constitu- courts in those states should uphold that face as a Nation—the endless and cost- tion. The court ruled that our State’s policy, new fact patterns will constantly ly war in Iraq, the many dangers to our constitution forbids the creation of arise. Matters involving everything from di- national security, skyrocketing gas second-class citizens. It concluded that vorce to child custody to health care to pro- prices, soaring health care costs, the the State could not deny the protec- bate will be more complicated and require upcoming hurricane season. How we tions, benefits and obligations of civil case-by-case analyses in the courts. Inevi- can have safer schools and better care tably, courts will reach different conclusions marriage to two individuals—regard- on how to integrate same-sex couples with for our children, and so many other ur- less of gender—who wish to marry. marriage licenses into the legal and govern- gent issues. But instead of dealing with Far from being a right created—as mental structures of non-same-sex-marriage these real priorities, the Senate Repub- our opponents like to say—by activist states. The rules will vary dramatically lican leadership is asking us to spend judges, the right of all our citizens to

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5466 CONGRESSIONAL RECORD — SENATE June 6, 2006 have equal treatment under Massachu- under attack. It is—but the attack erty rights essential to the orderly pursuit of setts State laws was granted and ap- comes from this Federal marriage happiness. proved by the people of Massachusetts amendment—not from what’s hap- The activist judges stating this fun- when they voted on and adopted our pening in the States. This amendment damental belief were part of the Su- State constitution. The people said is an Anti-Marriage Amendment. It preme Court’s 1967 decision in the land- that our State’s constitution forbids tells churches they cannot recognize a mark case Loving v. Virginia, which the creation of second-class citizens, same-sex marriage, even though many held that marriage is a basic civil and our courts affirmed equality for churches are now doing so. right, and that freedom to marry a per- all. No church in Massachusetts is re- son of another race may not be re- In Massachusetts, civil marriage quired to recognize any civil marriage. stricted by racial discrimination. brings all the benefits of a marriage li- Indeed, my own Catholic Church does Now, nearly 40 years later, I urge the cense—and equal status under the mar- not recognize most postdivorce second Senate not to turn back the clock on riage laws, which touch upon nearly marriages between a man and a this progress, or start writing discrimi- every aspect of life and death. In addi- woman, and that’s their legal preroga- nation into our country’s most cher- tion to all the intangible benefits of tive. By the same token, they are not ished document. The framers never marriage, a civil marriage is a con- required to recognize same-sex mar- wanted it to be used for short-term po- tract—it grants valuable property riages. The law of each church is what litical games—that’s why it is so dif- rights—protection against creditors determines the religious aspects of a ficult to amend. As Chief Justice John and the automatic entitlement to the sacramental marriage. But the law of Marshall said, the Constitution is ‘‘in- property of their spouse’s estate when the States is what determines the civil tended to endure for ages to come.’’ he or she dies. aspects and property rights flowing Two years ago, we defeated a dis- Under State laws in Massachusetts from a marriage contract. graceful attempt to force this right and many other States, marriage con- We cannot—and should not—require wing agenda into the Constitution and fers property rights. And the specific any religion or any church to accept we’re prepared to do so again. There is property rights vary from State to any marriage as sacramental. That’s too much at stake to let the politics of State. Some States have a community up to the particular religion. But it is bigotry prevail. I urge the Senate to re- property regime. Others, like Massa- wrong for our civil laws to deny any ject this so-called Federal marriage chusetts, do not. American the basic right to be part of amendment, and get back immediately But it has always been a bedrock a family, to have loved ones with whom to the real business of the Nation. Save principle of our form of government to build a secure future and share life’s the pandering for rightwing supporters that the kind of State property rights joys and tears, and to be free from the on the campaign trail. flowing from a civil marriage contract stain of bigotry and discrimination. The PRESIDING OFFICER. The Sen- is a matter of State law, not Federal According to the 2000 Census, same- ator from Minnesota. law. And the laws governing the prop- sex couples live in virtually every Mr. DAYTON. Mr. President, I am erty rights of a married couple have al- county in the country. That’s almost honored to follow the great Senator ways varied from State to State. 600,000 households. Nearly one-quarter from Massachusetts and join with him For example, a couple married in of these couples are raising children. and others in opposing this proposed Louisiana will have all property owned That’s an estimated 8 to 10 million constitutional amendment. I do so be- in that State subject to the community children being raised in gay and lesbian cause it is un-American, un-Christian, property laws of that State. But if they partnered homes. As many as 14 mil- and unnecessary. own property in another State, that lion children in America have a gay or Let us be clear that this proposal is property is governed by the laws where lesbian parent. not about protecting marriage in the land is owned. Despite these growing numbers, America. Now some of our colleagues want to many here in the Senate want to de- Marriage may need more people to federalize the rights flowing from civil prive these men and women—these practice it, but it does not need the marriage and overrule individual State children—and their families—of the Senate to protect it. The Founders of laws. How odd that the same people legal protections and benefits associ- this great Nation exercised tremendous who oppose Federal regulation in al- ated with marriage. These families wisdom by designing a system in which most every other area now want a Fed- stand up to private bigotry and preju- Government would stay out of the pri- eral constitutional amendment to evis- dice in their ordinary activities—why vate lives of its citizens and a system cerate State contract and property would the Federal Government make in which Government would stay out of laws, but only when they grant benefits their lives harder by writing discrimi- to same-sex couples. That is discrimination into the Constitution? It’s the province of religion. This amend- nation, and it’s wrong. wrong for Congress to add another bur- ment would violate both. This country was founded on the In Massachusetts, marriage—and the den to these families already strug- principle that all men and women are stability and security it brings to fami- gling to live their lives and take care lies—is alive and well. Indeed, Massa- of each other. created equal, that they are endowed chusetts has the lowest divorce rate in The General Accounting Office has by their creator with certain the Nation. We’re having plenty of pub- identified 1,138 protections and benefits unalienable rights. Among them are lic debate and democratic process. The provided by the Federal Government life, liberty, and the pursuit of happi- sky is not falling. Indeed, even the Bos- on the basis of marital status. Many of ness. To secure those rights, our ton Herald editorial page called this these are laws relating to family and Founders wrote a Constitution which week’s Senate debate what it really is medical leave, social security benefits, guarantees every law-abiding Amer- ‘‘pandering on a hot-button issue.’’ and tax benefits. Gay and lesbian cou- ican citizen the same equal rights and I’m proud that Massachusetts con- ples deserve the same rights as married protections. Our country’s Founders tinues to be a leader on marriage couples, including the right to be treat- were not perfect. In fact, they were equality. Being part of a family is a ed fairly by the tax laws, to share in- highly discriminatory. They initially basic right, and I look forward to the surance coverage, to visit loved ones in denied those full and equal rights to day when every State accepts this the hospital, and to have health bene- women and to African Americans. This basic principle of fairness. fits, family leave benefits, and the country’s social progress has been Obviously, those who disagree with many other benefits that automati- highlighted by removing those con- Massachusetts law have a first amend- cally flow from marriage. stitutional discriminations based on ment right to express their views. But Supporters of the Federal marriage gender or race or anything else. there’s no justification for under- amendment claim the need to stop ac- Now, for the first time in our Na- mining the separation of church and tivist judges. Our colleagues should re- tion’s history, the proponents of this State in our society, or for writing dis- call the words of another activist amendment would add discrimination crimination into the U.S. Constitution. court: to our Constitution. They would tell Supporters of the amendment claim The freedom to marry has long been recog- one group of people, a social minority, that religious freedom is somehow nized as one of the most vital personal prop- that equal rights and equal protections

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5467 do not apply to them, not only by the There is no love in this constitu- emotional cesspools and hurl their laws which exist today, Federal and tional amendment. There is discrimi- slime at decent and innocent human State laws which ban gay marriages, nation, and underneath discrimination beings who are trying to live their pri- not only by the social conventions lies judgment and hatred. Jesus said vate lives as God created them and which deny their recognition, but by also to beware of false prophets and under the promises of this American an unprecedented amendment to the charlatans, the fake good doers. He democracy. U.S. Constitution which targets gays said the way to tell the difference is What we ought to do is leave mar- and lesbians alone, which says that of that the true believers practice love, riage up to God. In the religious mar- all the social practices in this country, while the false prophets preach hate. riage services of my faith, the minister theirs alone are supposedly so abhor- That is why this amendment is un- says that marriage is an institution rent, theirs alone are supposedly such a Christian. created by God. Thus, we should leave threat to our social order that they It is also unnecessary. There is no the definition of marriage to those or- must be singled out for this unique rampaging threat to the institution of dained by God, the leaders of the reform of discrimination. marriage, as the amendment’s pro- spective organized religions, and we Unfortunately, the proponents of this ponents pretend. There are no rabid ac- should redefine the legal term for mar- constitutional amendment have it tivist judges raging unchecked across riage to civil union or some other mixed up. It is the Constitution that the legal landscape. They are figments words and make that legal contract, needs to be protected—from them. It is of unchecked imaginations or clever with its rights, protections, and re- the foundation of our democracy that contrivances by master public manipu- sponsibilities, available equally to any needs to be saved—from them. The lators who have conjured up some non- two adult citizens as the equal protec- foundational principle of a democracy existent threat and now present them- tion clauses of our Constitution re- is its tolerance of individual dif- selves as the saviours of civilization. quire. ferences. Even the most repressive to- We are spending 3 days on the floor of That would be an American, a Chris- talitarian government in the world al- the Senate to indulge their political tian, and a just resolution to this situ- lows individual behaviors that it agrees pandering. We haven’t spent 3 days de- ation, one that elevates and enlightens with. The true test of a democracy is bating the war in Iraq during this en- us, one that continues the progress in the government’s allowance for dif- tire session of Congress, nor Iran’s de- ferences. That doesn’t mean that we our country toward acceptance and un- velopment of nuclear weapons, nor this agree with those differences. It doesn’t derstanding, one that honors our com- year the gasoline price crisis afflicting mean that we like them. It doesn’t mon humanity. our citizens. No, the Senate’s Repub- Those are the reasons I urge my col- mean that we would choose them for lican leadership is avoiding the real ourselves or wish them for our chil- leagues to oppose and defeat this cruel threats to our country and focusing in- dren. In fact, the opposite. We can dis- amendment. stead on the divisive, destructive non- I yield the floor and suggest the ab- agree with them, dislike them, and re- existent ones. sence of a quorum. ject them for ourselves and our chil- Existing Federal law, the 1996 De- The PRESIDING OFFICER. The dren. But if we are a democracy—if we are fense of Marriage Act, defines marriage clerk will call the roll. a democracy—we allow other citizens nationwide as between a man and a The assistant legislative clerk pro- to be different from ourselves, to be un- woman and states that no State need ceeded to call the roll. Mr. HARKIN. Mr. President, I ask like us. We grant them the liberty to recognize a same-sex marriage. My pursue their own form of personal, pri- State of Minnesota is 1 of 45 States unanimous consent that the order for vate happiness so long as it does not that have passed similar State restric- the quorum call be rescinded. The PRESIDING OFFICER. Without interfere with our own. Which other tions. This proposed constitutional objection, it is so ordered. adults, American adults are attracted amendment is unnecessary overkill. It Mr. HARKIN. Mr. President, I have to, want to live with or commit to is is predatory politics, preying upon a come to the floor today to add my their business and their right, not the minority of American citizens who are voice to the rising chorus of people business of 100 politicians in the Sen- of the most discriminated against in both here in the Senate and back in my ate. That is why this amendment our society today. I don’t understand would not only alter the U.S. Constitu- why this Senate would want to exploit home State of Iowa who are fed up with tion, it would alter our democracy in a the prejudice and even hatred which the misplaced priorities of the Repub- way that is destructive to both. still exists in our society against GLBT lican leadership in this Congress. Our In addition to being un-American, men and women. I am not a psychia- country faces mounting challenges: this amendment is also Un-Christian. I trist. I will leave it to them to explain High energy prices, skyrocketing hesitate to bring religion into this de- why homophobia trumps racism, health care costs, tens of millions of bate. I am highly skeptical of politi- sexism, nationalism, and religious in- Americans without health insurance, cians who do so. Giving a Bible to a tolerance, but it does. the cost of college tuition going politician is akin to giving a blowtorch The discrimination against people through the roof, individuals with min- to a pyromaniac. However, I reread the because of their sexual orientations imum wage jobs going nearly a decade New Testament in preparation for this they were born with or acquired indeli- without a raise. So how does the lead- debate. I cannot find a single instance bly early in life is vicious, ugly, and ership here respond to these chal- in any of the four gospels in which my cruel. It is the immoral and it should lenges? By squandering a week of the saviour Jesus Christ speaks a single be illegal. And it should not be prac- Senate’s time debating a constitu- word against same-sex marriages or ticed in the Senate. tional marriage amendment that has even same-sex relationships. He in- I sympathize with the many decent- already been soundly rejected by the tones 6 times against divorce and 12 minded, well-intentioned, nd reli- Senate and by debating repeal of the times against adultery. Yet I am not giously devout Americans who struggle estate tax which would benefit only aware of any proposed constitutional with their personal feelings toward ho- about 3 out of every 1,000 people in amendments to ban either of them, nor mosexuality. Many have grown in un- America at the most and would add $1 would I support them. derstanding and acceptance. They want trillion to the deficit in the coming What I also know is that he preached to do what is right, even if it doesn’t years, so that the superrich can get yet for love and acceptance and against ha- feel entirely right to them. They and another tax break, a tax break that tred and discrimination. He said the their feelings are being unnecessarily won’t build one additional school, great commandment was to love God used in this charade. But I have no would not provide one new additional and the second was like unto it, to love sympathy and I have no respect for the job, while working families get abso- thy neighbor as thyself, not just your charlatans who are using them for lutely nothing. family member, not just your friend, their own self-serving political pur- Again, the great majority of Amer- but to love your neighbor, whoever poses, who are spreading prejudice and ican people are getting madder and happens to be living beside you, as you discrimination, who claim the moral madder about this. All you have to do would yourself. high ground while they reach into their is look at the polls of Congress. The

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5468 CONGRESSIONAL RECORD — SENATE June 6, 2006 only thing lower than President Bush’s west but for the rest of the country, Apparently, it is more important to polls is the standing of Congress. You which is the Water Resources Develop- cater to a narrow vocal base of the Re- wonder why? Look at what we are de- ment Act. We have 81 signatures on a publican Party than to listen to the bating while all of these issues go by letter, Republicans and Democrats, to broad majority of the American people. the wayside. What about the real needs the majority leader supporting this It boggles the mind that the Repub- and concerns of working Americans bill, asking that it be brought up. That licans have once again brought the so- and their families. is not only more than it takes to break called Federal marriage amendment to Let me give one case in point. The a filibuster, if this was one—and I don’t the floor. It will fail this week for the majority leader cannot find time to think there is one pending on it or to same reason it failed the last time. It bring H.R. 810 to the floor. It is pending override a veto—that is more than two- is because deep down inside we all at the desk. It was passed by a bipar- thirds. Yet no action on it. I guess we know it is wrong. It is just basically tisan majority in the House of Rep- don’t have time. wrong. resentatives—a bill to lift restrictions The majority leader says we have Yesterday, the distinguished chair- on embryonic stem cell research. Evi- time this week to consider a mammoth man of the Judiciary Committee, Sen- dently, we don’t have time. No time? tax cut for the wealthiest Americans, ator SPECTER, said this amendment is Well, the majority party found plenty but we don’t have any time to consider ‘‘a solution in search of a problem.’’ He of time this week for these two dubi- a bill to raise the minimum wage for is exactly right. For more than two ous, devisive measures. But when it Americans at the bottom. The min- centuries, our States have done an excellent job of making their own laws comes to the No. 1 research priority of imum wage has been stuck at the low governing marriage without Federal the American people—embryonic stem level of $5.15 for more than 9 years. interference. The last time the Senate cell research—the majority leader re- During those 9 years, Members of this debated this amendment, the cloture fuses to bring it to the floor; we don’t Senate have voted seven times to raise vote on the motion to proceed garnered have the time. their salaries. Yet for those at the bot- only 48 votes—12 votes short of the 60 This is outrageous. No wonder the tom, we don’t have the time to bring a needed to invoke cloture, and far short American people say Congress is not minimum wage increase bill to the of the 67 votes needed to pass a con- doing anything. We are not doing any- floor of the Senate. stitutional amendment. You have to thing to address the real needs of our If we can keep this up, the approval have 67 votes. There isn’t one person people. of Congress will go into the negatives. here who thinks they are even close to Two weeks ago, on May 24, we At least it is in the positives now. It is that. They cannot even get a majority. reached the 1-year anniversary of the maybe 10 or 12 percent. If that happens, It is not surprising. House passage of H.R. 810, the Stem it will be the first time in history that The amendment tramples on the au- Cell Research Enhancement Act. This it will be in the negatives. I don’t thority of each State to regulate the bill is supported by the majority of blame the American people for having civil laws of marriage within its bor- Senators on a bipartisan basis. It en- that opinion of Congress. ders—authority, by the way, I point joys the support of large majorities in Last month, we learned that some 26 out, that the Congress strengthened by every public opinion poll. Yet we can- million Americans—most veterans— passing the Defense of Marriage Act, not bring it up. Removing the strait- had personal information stolen, in- which prevents any State from being jacket on embryonic stem cell research cluding names, birth dates, Social Se- forced or required to recognize a same- is a matter of life and death for mil- curity numbers. This puts every one of sex marriage in another State. Wait a lions of Americans. As the Senate these veterans in jeopardy of identity minute. The Congress passed a law say- squanders yet another week, people we theft and fraud. Why are we not this ing that we, the Federal Government, love are dying from Parkinson’s and week bringing to the floor the urgently cannot require a State to recognize a Lou Gehrig’s disease and juvenile dia- needed Veterans Identity Protection contractual agreement in another betes. People are unable to walk due to Act? This bill would require the De- State dealing with same-sex marriage. spinal cord injuries. These Americans partment of Veterans Affairs to pro- Well, guess what. No State has been are desperate for progress on embry- vide 1 year of credit monitoring to each forced to recognize a same-sex mar- onic stem cell research, which is being affected person and one additional free riage or civil union joined in another blocked by the majority leader’s fail- credit report each year for the fol- State. ure to allow H.R. 810 to come to the lowing 2 years. This bill would make a Yet now the Republicans would have floor for debate and a vote. No time. real difference for millions of veterans. us force upon each State a constitu- Yet we have time to debate this con- Why is it being ignored? It seems to tional amendment that would take stitutional amendment on marriage, have bipartisan support. Why is it not away the right of those States to enact which has been soundly rejected al- being hotlined, as they say around their own contractual laws. It seems to ready by the Senate, and which every- here, for immediate consideration on me that what is happening is we are body knows will be soundly rejected the floor? We should bring it up this going down a road rapidly of more and again, or we will have time to bring up week. We should be debating that more power to the President of the for a vote the repeal of the estate tax, today. I guess we don’t have time for United States, less and less power to benefiting only the richest of the rich that. the Congress and the courts, more and in our country. We have time for that, One other matter. I don’t think we more power to the Federal Government but we don’t have time to bring up a have a higher priority right now in under a President. bill to open the doors of medical re- terms of our national economy and our The last time I looked, that could search that hold such promise for peo- national well-being than ending our ad- have been called something like a mon- ple with incurable diseases. diction to foreign oil. Senator LUGAR, a archy. Come to think of it, that is what There are also other urgent priorities Republican, and I have a bill that we overthrew a couple hundred years being sidetracked. Forty-five million would dramatically ramp up ethanol ago. Most people tend to forget that Americans have no health insurance. and biodiesel production. It would when we declared our independence The majority leader says there is no make these home-grown fuels available from Great Britain and fought the Rev- time to debate this. There is no time to and usable at the pump and in commu- olutionary War and established our consider a measure that would make it nities all across the United States. Our Constitution, England had a Par- possible for small companies to offer national security is at stake. Why isn’t liament. But guess what. The King employees a health care plan similar to this bill being brought to the floor on reigned supreme. It was King George at the one we have in Congress. Indeed, an expedited basis this week? that time. So we recognized that. We we Democrats were prevented from get- The answer, Mr. President, is that we recognized the inherent inability of the ting an up-or-down vote on this during are not addressing the real concerns Parliament in England to go up against the so-called Health Care Week last and priorities of the American people the King. So when we devised our Con- month. because the majority leader—and I as- stitution, that is why we had the sepa- In the Midwest, we have a bill that is sume his party—are putting their own ration of powers—the courts, the Con- very important not only for the Mid- narrow special interest priorities first. gress, and the President, all separate

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5469 and equal. Then we reserved to the to defend the American family, how and women have made. I heard the States certain powers not enumerated about giving access to health insurance rhetoric about making sure we take in the Constitution. One of the powers to 45 million people a day who can’t af- care of their families, making sure we is the right to set contractual laws. ford it? If they want to defend the take care of those who are wounded Now this Republican Congress wants to American family, how about doing when they come home, making sure we take that away. It is almost like we something about the rising cost of col- have the ability to care for those we are going full circle back to the mon- lege tuition in this country and helping ask to serve this country so honorably archy of Great Britain—a Congress low and moderate families meet those as we celebrated Memorial Day last that lays prone before the President—a costs of college education? In other week. I went throughout my State. I President that is able to tap your words, if Majority Leader FRIST and his listened to people wanting to make phones, read your e-mails under some party want to protect the American sure we did not forget those people who guise of a power that, since we are at family, why don’t they deal with the served us. I came back to the Senate war, he can do whatever he wants, tak- real challenges confronting families in- last night confident that we should be ing away our civil rights and liberties. stead of wasting the Senate’s time on talking about those issues. What does Congress do? Nothing. We this cynical, trumped-up issue of same- It is deeply disconcerting to me that sit back and let it go on. Now we are sex marriage? Why can’t we make bi- we are not talking about the war in going to take another step to take partisan progress on issues such as pro- Iraq or Afghanistan, we are not talking away power from the States. viding access to health insurance and about the sacrifices our soldiers have made, we are not talking about the tre- Well, again, this is something that is raising the minimum wage? inherently wrong. It is wrong to take I close by making one point very mendous responsibility we have as the Senate and Congress to make sure we away this power from the States, take clear: If the Democrats were in charge have the funds for those men and away the authority to set up their own of the Senate, if we were setting the women who have served us, both while contractual framework. As Senator agenda, we would be charting a dif- they are overseas and when they come KENNEDY said, I think eloquently, a few ferent course for our Nation. We would home. We are here instead on a com- moments ago, it should be the right of not be wasting the Senate’s time on di- pletely different priority, and I have to every religion, under the freedom of re- visive, partisan constitutional amend- ask the question of this Senate: Why ligion, to decide the sacramental laws ments which seek to divide our people, are we spending time on political of marriage as defined by that religion. pit families one against another, pit games when we have soldiers in harm’s But when it comes to the contractual Americans one against another by di- way who are serving us honorably right, the civil right, that is deter- viding us. We would not be passing yet around the world? Don’t they deserve mined by the State. That is why when another mammoth tax cut for the better than this? Why is the Senate you go to get married, you do two wealthiest in our society called the es- bringing up divisive issues when we things—find a minister, a rabbi, a tate tax, a tax we can’t afford for peo- need right now more than ever to come priest, whatever, but then you have to ple who don’t need it. together as a country and address the go to the courthouse of your State and If we could set the agenda, we would challenges that confront us? Maybe it get a license. Why? Because you are en- have the minimum wage issue out here. is because those people who are in tering a contractual relationship. That We would have a health care issue out charge, those people who make a deci- is what this amendment would take here. We would have issues out here sion about what issues we discuss here, away. Again, I would defend to the that provide for families getting a col- just have the wrong priorities. And I death the right of a religion to deter- lege education for their kids. We would see the wrong priorities being debated mine its own sacramental laws of what have bills on the floor addressing the in the Senate not just for this week but it determines a marriage to be, but addiction to oil and moving us to more for apparently the coming weeks. also defend the right of a State to set energy independence. Last week, I traveled through com- up its own contractual laws within and Every day it is becoming clearer and munities in my home State of Wash- under the umbrella of equal rights for clearer to the American people that ington. Everywhere I went, I heard a all and nondiscrimination under the they face a choice: We can stay the growing anger and frustration that Constitution of the United States. current course—more divisiveness, American troops are being wounded Senator KENNEDY referred to it, and I more deficits, more debt, more drift— and dying in Iraq, and my constituents will refer to it again. It wasn’t too long or a new direction for our country. If want to know why. They want to know ago where people of different races the majority party wants to continue where we are going. They want to know could not get married in this country. to squander our time and taxpayers’ what they are doing. They want to States had laws that said a Black per- money, as they are doing this week, know why we are there. They want to son could not marry a White American, well, that is their choice. But the know what will make us successful and or an Oriental could not marry a Black American people get to choose, too. how we can bring our troops home suc- or a White. You could not marry some- The American people are eager to cut cessfully. But here we are in Wash- one of another race. It is not too long out this divisiveness, to move on to the ington, DC, where the Bush adminis- ago in my own lifetime, but that was real agenda that confronts our coun- tration doesn’t have a plan they have true. try, to move in a very different direc- outlined for success, and here we are in Discrimination is what it was. The tion, and I say it is time to do that. Congress not demanding answers. courts struck it down. Would these Mr. President, I yield the floor. My constituents are very frustrated, same Republicans who keep coming The PRESIDING OFFICER. The Sen- and they have good reason to be so. here saying the courts should not be ator from Washington is recognized. They, like all of us, are watching what interfering in this say the courts Mrs. MURRAY. How much time re- is happening in Iraq on their TVs every should not have interfered there, too; mains on our side? night. They see personally what these that we should have left those dis- The PRESIDING OFFICER. Twelve deployments are doing to their commu- criminatory laws intact under the Con- minutes. nities at home, their friends, their stitution of the United States? Mrs. MURRAY. Mr. President, last neighbors, their coworkers, being I keep hearing all this stuff about week our country celebrated a very im- called up not just once but twice, three protecting the American family. I sub- portant event—Memorial Day. Every times, to head to Iraq and come back. mit to my friends on the other side, if Member of the Senate went home to They see the terrible consequences for they really want to do that, how about services where we heard about the sac- families who are left behind, and they raising the minimum wage? That rifices of men and women who served in see these veterans, when they go to get would do more to protect the American conflicts throughout this Nation’s his- the treatment they need, being told family than anything they are talking tory, most recently in Iraq and Afghan- they have to wait in line because we about here. istan where we have now lost close to haven’t adequately funded our Vet- How about addressing the sky- 2,500 of our Nation’s best and brightest. erans’ Administration. rocketing health care costs? How about I listened to those speeches, and I And by the way, many of these same the high cost of gasoline? If they want heard about the sacrifices these men veterans just in the last week were told

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We are about gay marriage and flag burning care they need, and how are we going not having hearings on Iraq. We are because the discussion they have at to make sure now that 26.5 million vet- not having discussions about what is their dinner tables when they are home erans get the help they need as their happening on the ground. We are not at night is what is happening in our identities have been stolen? That is hearing from our generals so that we world; how can we protect our children; going to cost money. It is not free. We can make good decisions about when how can we make sure our families are have a responsibility to help every sin- and how our troops can come home safe; how can we make sure our loved gle one of them. They should not be successfully. Instead, we are seeing po- ones who are serving us overseas are treated like this as veterans in the litical distractions that are simply protected while they are there; how United States today. meant to divide our country at a time can we make sure we win a war in Iraq, I see what these deployments are when we ought to be together, Repub- if that is possible; how can we make doing in our communities, just as my licans and Democrats, having serious sure that those people we send to serve constituents do, and they see the chal- discussions about what we can do as us overseas have the services they need lenges these veterans are facing when leaders of this Nation to bring us suc- when they come home. they come home and their families cess, if it is possible, in Iraq. I was shocked to see an article in the while they are deployed. They don’t see Back home, people want us to talk ‘‘Psychiatric News’’ just a few weeks a plan about how we are going forward about Iraq. They want answers. But in ago that says our veterans are not get- in Iraq today. And what they impor- the Senate, the Iraq war is the prover- ting the help they need for mental tantly don’t see is us in Congress on bial elephant in the room. It is right health care and substance abuse. I wish the Senate floor standing up and talk- there, everyone can see it, but no one to quote Frances Murphy, M.D., Under ing about what is going on, demanding talks about it. No one talks about it in Secretary for Health Policy Coordina- answers from the Bush administration the Senate of America. No one is talk- tion at our Department of Veterans Af- and the Pentagon. ing about the Iraq war. I will tell my fairs, who said that the growing num- We can only make the good decisions colleagues, we are not going to get bet- ber of veterans seeking mental health about how we go forward if we have a ter results in Iraq if we ignore it in care has put emphasis on areas in discussion in the Senate about what is Congress. which improvement is needed, and she happening on the ground, what the im- In all the time I have served in the noted that some VA clinics do not pro- pacts are, what our choices are, how we Senate, I believe this is the weakest vide mental health or substance abuse can help both the Pentagon and the oversight I have ever seen from a Con- care, or if they do—— Bush administration and our constitu- gress during military conflict. We were The PRESIDING OFFICER. The Sen- ents make a good decision about not sent here to just rubberstamp this ator’s time has expired. whether our troops should come home administration or any administration. Mrs. MURRAY. Mr. President, I ask or whether they should stay or what is I served under the Clinton administra- for 1 additional minute. happening. We need to demand answers tion during the war in Bosnia when we The PRESIDING OFFICER. Without in the Senate from this administration required generals to come up here al- objection, it is so ordered. and the Pentagon about what is hap- most on a daily basis, to obtain an- Mrs. MURRAY. She says, ‘‘waiting pening on the ground. That is the dis- swers from them about what was hap- lists render that care virtually inacces- cussion I wish we were having in the pening on the ground, how we were pro- sible.’’ Senate today. That has meaning to ceeding forward, what we needed to do; Our soldiers who are serving in a 24/ every single one of my constituents. and yes, at the time, there were calls 7 war in Iraq deserve to have mental They want to know what we are doing, to bring our troops home, no boots on health care when they come home. where we are going, how we are going the ground, all the different points we They are not getting it today, and the to pay for it, and how we can be suc- are hearing today, but we at least had Senate is not dealing with that issue. I cessful so we can know when our troops generals in front of us so we could ask think we can do a lot better. are coming home. questions and go home and respond to I yield the floor. I have watched now for 3 years as our our constituents and feel confident in The PRESIDING OFFICER. The Sen- soldiers went to war in Iraq, and at whatever decision we made in how we ator from Texas. every possible juncture in this war, the were to move forward. Mr. CORNYN. Mr. President, I want- Bush administration has chosen the We were sent here as Senators to deed to spend a few minutes here to re- wrong path. When they were advised to velop policy to help our country move spond to the allegations made on the build a stronger multinational coali- forward. And in this time, this place, other side of the aisle that the protection, they decided to go it alone. When this war, I can’t think of a more impor- tion of marriage is not important the Army’s Chief of Staff said it would tant time that as Republicans and enough for the U.S. Senate to take a take several hundred thousand troops Democrats we should sit down together day or two to debate and then to vote to stabilize Iraq after the war, they ig- and put our cards on the table and say: on a constitutional amendment. I real- nored his advice and they fired him. How should we move forward and how ly am astonished to hear our friends on When sectarian violence started boil- can we do it safely and how can we do the other side of the aisle take that po- ing over and undermining the stability it effectively? Yet here we are in the sition because, frankly, I think the of Iraq and the safety of our troops, Senate talking about gay marriage and American people disagree with them they pronounced the insurgency was in flag burning. We are not talking about and agree that marriage is important. I its last throes. Well, they were wrong. a conflict that has consumed our Na- think they agree that when it comes to We can’t continue to watch what is tion, that has sent our youngest, best, social experimentation by our courts, happening in Iraq without answering and brightest to a war where we have by a handful of activist judges who questions in the Senate. For too long, almost 2,500 military families that think they know better than the Amer- we have watched decisions being made have suffered the loss of a loved one, ican people what is good for us, that that have sent us in the wrong direc- where we have thousands and thou- they want that kind of experimen- tion, and for too long, I say to my col- sands of young men and women who tation to stop unless, of course, it is leagues in the Senate, we have given have lost limbs, have had head injuries, authorized by a vote of we, the people, them a pass on these monumental fail- and are now being serviced in our vet- rather than imposed upon us from on ures, and that has to change. erans hospitals for years to come, and high by judges. This kind of experimen- Families I represent want Congress yet we haven’t talked about how we tation when it comes to living arrange- to demand accountability, and they are going to pay for that. ments and now with the institution of

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5471 marriage are not without costs, and, aisle denied sufficient votes to allow us President or the Republican leadership, most often, the individuals who pay to consider a small business com- our colleagues on the other side of the the price for that kind of experimen- prehensive health plan brought up by aisle would be better served, and cer- tation are America’s children. the Senator from Wyoming, Mr. ENZI. tainly the American people would be I just can’t disagree more with our If our friends on the other side of the better served, by working with this colleagues on the other side of the aisle aisle were serious about solving Amer- side of the aisle in trying to find real who seem to think that the preserva- ica’s health care problems and pro- solutions, particularly when it comes tion of our society’s most basic institu- viding greater access to health insur- to our energy needs, to reduce Amer- tion—the institution of marriage—isn’t ance, they wouldn’t have voted against ica’s dependence on foreign sources of important enough for our time and it is that bill just a few short weeks ago. energy and help reduce gas prices. If not important enough to take the time Yet, now they want to change the sub- they are really concerned about energy to discuss this issue and talk about ject, saying we shouldn’t be talking costs, then they would have made it what the solution might be to preserve about marriage; we should be talking easier by working together with us to the power of we, the people, to deter- about health care. The fact is they are expand clean nuclear energy. mine the laws and policies that affect the ones who blocked our ability to On the issue of the marriage amend- our lives, and certainly the next gen- proceed on that important issue and to ment, the Democratic leader this eration of our children. I think this find a real solution to that problem. morning said this is an issue that time is important, this issue is impor- But again, it is an instance of block ought to be left to the States. Cer- tant, and we will find out when we vote and blame. tainly many States, including my on this issue who it is that believes Then the Democratic leader this State, have passed a constitutional that the American people should make morning said, we ought to be doing amendment protecting traditional these sorts of decisions and not a hand- something about health care costs. We marriage. The problem is some Federal ful of activist judges such as occurred tried to bring up the issue of health courts, notably one in Nebraska most in Massachusetts, and now with a deci- care costs earlier as well, in a case recently, held that very State solution sion out of the Federal court in Ne- where we have said there ought to be is itself in violation of the Federal braska holding that State’s constitu- some reasonable limits on non- Constitution. tional provision that limits marriage economic damages in medical liability The Democratic leader is a distin- to one man and one woman unconstitu- cases. That has been tried in my State, guished lawyer in his own right. He un- tional under the Federal Constitution. the State of Texas, and we have seen derstands that a Federal court which I don’t know who it was that woke up medical liability insurance go down holds that the Federal Constitution 200 years or more after the Constitu- into the double-digit range. We have violates the State Constitution, that tion was written and decided that the seen more doctors coming into commu- the Federal decision preempts the Founding Fathers wrote into the Con- nities where they have been afraid to State constitutional solution. So stitution discrimination when it comes practice, and we have seen greater ac- again, this is not an issue that we have to marriage between one man and one cess to health care as a result of those gratuitously brought up; this is one woman. Obviously this is an issue that efforts. Yet when we tried to change that has been forced upon us. I think we have not initiated, we haven’t that here in the U.S. Senate, again, we what our colleagues on the other side brought up, but this is a fight that has were blocked by our colleagues on the of the aisle would prefer is if we would been brought to us, those of us who be- other side of the aisle and then blamed just be quiet and gradually allow the lieve it is important to preserve tradi- when we are debating about the preser- Constitution of the United States to be tional marriage. vation of the institution of marriage amended, but not as it turns out by the Mr. President, I would ask if I might and not addressing medical costs by American people by voting on a con- be notified after 15 minutes of our 30- dealing with the medical liability cri- stitutional amendment, but rather by a minute allotment has been used. sis. handful of activist judges who have The PRESIDING OFFICER (Mr. Of course, then they also claim that somehow taken it upon themselves to ALLEN). The Chair will so advise. really they ought to be the ones to con- define what is good for us and in fact Mr. CORNYN. Mr. President, I would trol the legislative agenda, and that is what is and is not unlawful discrimina- also like to spend just a few minutes really what this is all about. But they tion when it comes to our traditional examining what our colleagues on the mentioned the war in Iraq, the energy marriage laws. other side of the aisle have said. For crisis, the price of gasoline, health We know what happens when the example, this morning our Democratic care, and said that the priorities of the American people have a chance to vote leader has said that Nevada has the Republican leadership are misplaced on these issues. Overwhelmingly, they third highest gas prices in the whole when it comes to addressing America’s vote in favor of preserving traditional country, and he says that taking care real needs, but neglecting all the while marriage because instinctively they of gas prices is more important than in pointing out that they themselves know it is the best solution for our so- preserving marriage between a man are the ones who are the primary rea- ciety and certainly in the best inter- and a woman. But I would like to point sons why we have been unsuccessful in ests of our children. We have seen too out that it is because of obstruction on addressing some critical improvements many of our children suffer as a result the other side of the aisle that we have and reforms in those areas. of social experimentation, certainly by been unable to address the importance Our colleagues on the other side of the courts, and we ought to make sure of access to domestic production of oil the aisle need to make up their minds. that we preserve the right for we, the and gas in this country. And, because They are literally schizophrenic—of people, to make those important deci- of obstruction on the other side of the two minds—when it comes to what to sions rather than allow them to be aisle, we have been unable to create do about our energy crisis in America. made by judges who would amend the new refinery capacity that would make They blocked building new refineries; Constitution themselves under the more gasoline, increase the supply and they held up an energy bill for 3 years; guise of interpreting the Constitution. necessarily then, under the economic they blocked exploration for domestic How is it that someone can decide after laws, bring down the price. It has been production in the Arctic National Wild- 200 years or more that the U.S. Con- because of the obstruction that we life Refuge, which we know, given mod- stitution or even a State constitution have seen on the other side of the aisle ern exploration and drilling tech- modeled after the U.S. Constitution that we have been unable to address niques, can be done in an environ- would result in a decision that tradi- that issue. Again, another example of mentally friendly sort of way; and they tional marriage laws are somehow dis- block and blame. blocked the President’s Clear Skies ini- crimination is really just beyond me. Then we are told that somehow we tiative, which is designed to cut down As I said yesterday on this floor, it is should be talking about solving the on emissions and protect the environ- almost surreal. It is almost as if we health care needs of the American peo- ment. have been asked to voluntarily suspend ple. It was just a few weeks ago when Rather than demagog the issue, rath- our powers of disbelief. The American our colleagues on the other side of the er than to try and pin blame on the people know what we are talking about

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5472 CONGRESSIONAL RECORD — SENATE June 6, 2006 is important. They know what we are ought to be talking about, things that dicial activism, we will redefine it to talking about here in terms of pre- we have talked about in the weeks past something other than that. serving marriage and a better future and will be talking about in weeks to They have sought to go to the courts for our children is fundamental to our come, but let’s not talk about this one to overturn properly enacted State way of life. It is not frivolous. It is not because it is too hard. It is easier to laws or constitutional amendments de- politics. It is absolutely essential that have a collateral way of looking at it fining marriage as between a man and we do so. They try to raise red herrings by saying: Oh, gosh, we should not talk a woman. Only through bypassing like: Well, we ought to be talking about this because frankly we would democratically elected legislatures and about health care, or we ought to be just as soon not debate or discuss the the rule of law can same-sex marriage talking about the energy crisis, or we merits of what is before us. advocates enact their vision of Amer- ought to be talking about the medical S.J. Res. 1 is rather simple. Today is ican society. liability crisis, when the truth is they one of those days when we can actually The only way to prevent marriage blocked every opportunity we have had read what it is we are debating. This is from being redefined by activist courts recently to try to do something about all we would add to the U.S. Constitu- is to pass a constitutional amendment those issues. The truth is what they tion, this is all it would say, if this that clearly establishes the will of the want to do is to try to score political amendment to the Constitution were people on this foundational issue for points rather than solve the very real to be approved. It says: our society. I also want to address the concerns problems that confront our Nation. Marriage in the United States shall consist Finally, let me just add that recently only of the union of a man and a woman. expressed by some regarding fed- I know the Democratic leadership in Neither this Constitution, nor the constitu- eralism. It is true that in our Federal the other House criticized—if you can tion of any State, shall be construed to re- Republic, in our system, the regulation believe this—criticized the perform- quire that marriage or the legal incidents of marriage has traditionally been left ance of the economy. Are they really thereof be conferred upon any union other to State governments. Based on this than the union of a man and a woman. complaining that 75,000 new jobs last principle of federalism, the States have month, not to mention 33 consecutive To suggest that is not an important been free to enact family policies that have allowed experimentation and re- months of job gains and more than 5.3 issue for our Nation, to suggest that flect the different values that Ameri- million new jobs created since August somehow that is some out-of-the-main- cans have in each of their respective of 2003, is the wrong direction for this stream language, to suggest that is only from some sect or far extreme States. country? The fact is the economy is While federalism is a general prin- doing well. But we need to continue to point of view—to so characterize what I believe is the mainstream of Amer- ciple that promotes liberty within our try to make sure that America remains Republic, we also have the overriding competitive in a global economy by ican thought is simply not to be dealing with this subject truthfully. fundamental principle of American making sure that we keep taxes as low Government that governments derive as possible, and by making sure that A number of States have already spoken on this matter through their elect- their just powers from the consent of we keep our regulatory environment the governed. An essential element of one that can protect us but, at the ed officials, but activist judges have interpreted both the Federal Constitu- republican government is that those same time, not kill good business op- who are subject to law also determine portunities and job creation in this tion and the State constitutions very broadly. They have done this in order the law by which they are governed. country. We need to look at our litiga- The recent strain of judicial deci- tion system and make sure that we are to overturn the will of the people regarding same-sex marriage. That is the sions and cases on the part of same-sex not imposing a litigation tax on the marriage proponents, however, not American consumer and making it reason we have to act. The Constitu- tion has been improperly interpreted to only threatens the institution of mar- harder for legitimate employers to cre- riage but denies the people of the indi- impose same-sex marriage on the peo- ate those jobs. We need to make sure vidual States the freedom to define ple of the United States. that we continue to try to work to- their own basic legal and social institu- As the Senator from Texas said, the gether to solve the very real problems tions. that confront our Nation. fact is, it is the action of judges that I believe this marriage amendment I don’t apologize for a minute in say- have precipitated the need for us to be takes a measured and reasonable ap- ing that I believe we should vote on a discussing this issue in the Senate proach to the problem of courts rede- constitutional amendment to protect today. It is the activism of some fining marriage. It prohibits same-sex traditional marriage. I don’t think it is judges, who have taken away the right marriage in the United States while a waste of time. I think we can spend of State constitutions to be amended preserving the concept of federalism by a day or two talking about this issue to include this very simple language, leaving to the States the authority to and its impact on our children and on that has brought us to this moment. enact State laws regarding legal bene- the next generation. I think that is as The Constitution has been improperly fits to unmarried, including same-sex weighty an issue as we will ever con- interpreted to impose same-sex mar- couples. sider here, because it may well deter- riage on the people of the United Our judiciary is respected throughout mine the long-term direction of our so- States. It is proper for the people to the world, and I believe that is because ciety and the welfare certainly of the continue to speak on this issue through our judges for the most part have been next generation. their elected officials by amending the above politics and have always been Mr. President, I yield the floor. Constitution to ensure that the sanc- committed to the rule of law. When our The PRESIDING OFFICER. The Sen- tity of marriage will be protected from courts enact their political will over ator from Florida. these activist courts. the proper policy decisions of legisla- Mr. MARTINEZ. Mr. President, I ask Marriage, as defined as this amend- tures, such respect is in jeopardy. A unanimous consent I be recognized for ment would define it, as between a man judge’s personal political views have 5 minutes to speak on the issue of S.J. and a woman, hardly needs to be sug- absolutely no place in performing their Res. 1. gested as the most basic institution of judicial role in our constitutional The PRESIDING OFFICER. Without society throughout history. It is structure. Rather, the Constitution, objection, it is so ordered. foundational to the structure of what statutes and controlling prior decisions Mr. MARTINEZ. Mr. President, I am we know leads to the successful family, as applied to the facts of the case at pleased to follow the distinguished to the raising of children. Our tradi- hand are the sole basis for judicial de- Senator from Texas in talking about tional and religious understanding of termination. this issue that is very important to the marriage is under attack by those who Therefore, today I urge my col- American people. I, like he, believe wish to redefine the meaning of mar- leagues to adopt this amendment and that it is a bit of a ‘‘dodge and weave’’ riage and family. That is what is at give control of the foundational insti- to suggest we should not be talking stake, whether in fact the traditional tutions of marriage back to the people about this. It is much easier to talk view of family and marriage will pre- of our country where it rightfully be- about all the things that maybe we vail or whether, through the acts of ju- longs.

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5473 I yield the floor. I suggest the ab- Mr. TALENT. Mr. President, I want result of a process in which the people sence of a quorum. to take a few moments today to speak have, at some time, consented. The PRESIDING OFFICER. The in favor of the Marriage Protection Despite this right, some judges have clerk will please call the roll. Amendment. This is an important decided to attempt to change the defi- The bill clerk proceeded to call the measure, and the people are entitled to nition of marriage without reference to roll. see who in this body is for protecting the will of the people. Mr. BROWNBACK. Mr. President, I traditional marriage and who is not, Right now, nine States face lawsuits ask unanimous consent the order for because nothing less than that is at challenging traditional marriage the quorum call be rescinded. stake. laws—California, Connecticut, Iowa, The PRESIDING OFFICER. Without Some courts in this country are en- Maryland, Nebraska, New Jersey, New objection, it is so ordered. gaged in a process by which they are York, Oklahoma, and Washington. In Mr. BROWNBACK. Mr. President, a going to force the people, whether they four of those States—California, Mary- couple of my colleagues have spoken in like it or not, to accept a fundamental land, New York, and Washington—trial favor of the constitutional amendment change in the basic building block of courts have found a right to same-sex that is up today. They have given elo- our society. I think that is wrong; marriage in State constitutional provi- quent statements. We have others who under our constitutional process the sions—in each case relying in part on are coming. people shouldn’t accept that and don’t the Massachusetts decision. State su- What I wanted to do while we wait on have to and that’s why this amend- preme courts are expected to decide ap- additional Members who are coming ment is here before us. peals of those decisions in 2006 or 2007. over to the floor is cover a couple of Marriage is our oldest social institu- And in Nebraska, a Federal district points I believe have been touched tion. It is older than our system of court in 2005 found unconstitutional a upon, but I think they deserve empha- property. It is older than our system of State constitutional amendment sis. I appreciate my colleagues on the justice. It certainly predates our polit- passed by 70 percent of Nebraska vot- other side of the aisle raising a number ical institutions and our Constitution. ers. of issues that they are saying we are And marriage may be the most impor- In short, it is clear that there is a not dealing with. I urge them to vote tant of all these institutions because it well organized and deliberate move- for cloture on these issues when they represents the accumulated wisdom of ment in this country to redefine mar- come up because we will bring these literally hundreds of generations over riage—to change our most fundamental issues up—on the budget; the supple- thousands of years about how best to social institution—without regard to mental is in a conference; we will have lay the foundation of a home in which the right of our people to govern them- an Energy bill that is going to be com- we can raise and socialize our children. selves. ing up. I hope they will vote for cloture Now it isn’t always possible to raise Unless we pass a constitutional to go to that Energy bill so we can ac- children through marriage, and cer- amendment, we will allow the courts of tually get it up to vote on it on the tainly single parents around this coun- this country to disenfranchise tens of floor. try do heroic jobs nurturing children in millions of Americans on an issue that I know a number of them are sup- difficult circumstances. We should give is of greater importance to them on a portive of the Native Hawaiian issue them credit and certainly we should day-to-day basis because it involves and are complaining because these give them as much help as we can. One the way in which their children and issues are not in the top 20 issues in the of the ways we can do that is by affirm- other people’s children are going to be United States, of the people’s concern. ing the social standard in favor of tra- raised than most of the legislation we Yet they are not raising the Native Ha- ditional marriage, which helps create a debate here. waiian issue which will come up this climate within our culture of stability If we cannot agree in this Senate on week as well. I urge them to vote and order for our children. anything else, we should be able to against that if they think it is not a The social scientists have figured agree on this: Everyone should have high-priority issue. this out too. As a result of decades of the right to advance their point of view I do think there is some speaking out accumulated data, family scientists in the legislative process on this issue; of both sides of the mouth when you from the fields of sociology, psy- and we can trust the good sense of the raise all these issues we should be cov- chology and economics, have concluded American people to produce the right ering and then vote against cloture, children and adults on average experi- result in the end. preventing us from covering those ence the highest level of overall well- The only way we can do that is by issues, and then complain about a mar- being in the context of healthy marital passing a constitutional amendment. riage amendment that they are saying relationships. That is what this debate is about. That doesn’t rise to the level of interest in We know what happens when soci- is why I will be supporting the amend- the United States. eties abandon the model of traditional ment before the Senate. I think it is of a high interest in the marriage. The Scandinavian countries I yield the floor. Mr. BROWNBACK. How much time United States or you wouldn’t have legalized same-sex marriage years ago, remains on our side? seen all these States that covered it. and the result is that fewer and fewer The PRESIDING OFFICER. Fifteen There is another issue that has been people in those countries get married seconds remains on the side of the Sen- covered some. I hope we can address at all, and more and more children are ator from Kansas. that issue. It is the issue of religious born out of wedlock. That is not a good Mr. BROWNBACK. Mr. President, I freedom. If you do not define marriage thing for their children. In short, the appreciate my colleague from Missouri as the union of a man and a woman, minimum we can say is that the evi- putting this forward. We will have fur- but define it to require that you have dence is not even close to showing that ther debate this evening from 6 to 6:30, to recognize same-sex unions, that is we can feel comfortable making a fun- and hopefully some a little later on. the basis—one of the bases on which damental change in how we define mar- I suggest the absence of a quorum. Catholic Charities was driven out of riage so as to include same-sex mar- The PRESIDING OFFICER. The the adoption business in Boston. They riage within the definition. clerk will call the roll. were required by law to do something The other issue at stake is who The bill clerk proceeded to call the against the tenets of their faith. I hope should decide these questions. The first roll. that can be developed some a little and most basic right which our people Mrs. FEINSTEIN. Mr. President, I later on. possess is the right to govern them- ask unanimous consent that the order My colleague from Missouri is here. selves. for the quorum call be rescinded. He is one of the strong supporters of The Framers thought that right was The PRESIDING OFFICER. Without this amendment. I yield the floor to self-evident. It means that the only objection, it is so ordered. the Senator from Missouri, Senator just government is the one that derives Mrs. FEINSTEIN. Mr. President, I TALENT. its powers from the consent of the gov- rise today to oppose the Marriage Pro- The PRESIDING OFFICER. The Sen- erned. That means that every act of tection Amendment to the Constitu- ator from Missouri is recognized. any governmental body has to be the tion. It is my fundamental belief that

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5474 CONGRESSIONAL RECORD — SENATE June 6, 2006 the Constitution is not a document passed out of this Senate. I have not Minnesota, New Jersey, and Pennsyl- that denies rights. As a matter of fact, seen one passed in 13 years. It is ex- vania. In fact, only one State, Massa- it is a document that protects those traordinarily difficult to get one rati- chusetts, recognizes same-sex mar- rights once earned. fied. riage. One State, that is it. With all the problems in the world Family law is, indeed, the purview of So why all the fuss? Why is the Sen- today, the Senate is spending valuable the States, so there is no need for a ate devoting its time to this issue when time debating a bill which we know constitutional amendment. This pro- one State has taken action? I say based does not have the votes for cloture, posed constitutional amendment on the laws of this land that is the pre- which is divisive and which I believe strikes at the heart of States rights in rogative of that State or any other does not belong on the national agen- the area of family law and, in doing so, State. So there is no need to be consid- da. it actually undermines our Constitu- ering a Federal constitutional amend- The fact is, all family law has his- tion. Moreover, I believe Americans be- ment, particularly when we have im- torically been relegated to the States; lieve the States should deal with same- portant global and national problems that is, marriage, divorce, adoption, sex marriage as the States see fit. And to address. custody, all aspects of family law and so do I. We have an enormous deficit in this domestic relations have been the prov- Americans are especially concerned country. We do not spend much time on it. ince of the States. That is what the Su- about amending this Constitution if it In Iraq, things are going from bad to preme Court has said in case after case means closing the door on civil unions. worse. Just this morning we read about from In Re Burrus in 1890 to Rose v. Why do I say this? How do I know an unrelenting kidnapping campaign Rose in 1982. In that 1982 case, the this? Mr. President, 53 percent of happening in the streets of Baghdad. court affirmed the holding of In Re Americans polled recently would op- Thousands of Iraqi citizens are being Burrus that: pose a constitutional amendment that snatched from the streets, 56 just yes- [t]he whole subject of the domestic rela- also bans civil unions and domestic terday, all rounded up by gunmen tions of husband and wife, parent and child, partnerships such as we have estab- dressed in Iraqi uniforms. belongs to the laws of the states, and not to lished in California. Many legal experts North Korea has announced it pos- the laws of the United States. believe this amendment would do just sesses nuclear weapons. Iran is trying Similarly, in Sosna v. Illinois, in 1975 that. The language in the second sen- to become a nuclear power. Stem cell the Supreme Court wrote: tence of the amendment is ambiguous. research, passed by the House a year Domestic relations [is] an area that has It is ambiguous, at best, stating that: ago, still is not on the floor of the Sen- long been regarded as a virtually exclusive Neither this Constitution, nor the con- ate. province of the States. stitution of any State, shall be construed to Why, why, why, are we doing this In 1982, then Associate Justice require that marriage or the legal incidents now when we could be doing stem cell thereof be conferred upon any union other research, when we could possibly pro- Rehnquist, dissenting in Santosky v. than the union of a man and a woman. Kramer, wrote: vide the hope for juvenile diabetes, for Now, some on the other side have ar- The area of domestic relations . . . has Alzheimer’s victims, for cancer vic- been left to the States from time immemo- gued that the amendment would still tims, for spinal cord severance vic- rial, and not without good reason. allow for legal unions passed by State tims? legislatures, not just those instituted And just this past November, in a tel- As to appropriations, the Senate has by the courts. However, when similar evision interview, Justice Stephen not taken up and approved any of the amendments were passed in States Breyer stated very simply: 12 appropriations bills that it must such as Michigan, Ohio, and Utah, do- complete by the end of the session, and Family law is State law. mestic violence law and health care it is already June. It is clear domestic relations have plans for couples, both gay and I cannot understand why we are been the jurisdiction of States. That is straight, were taken away. So we know doing this. We have the defense author- where they should remain. it has an effect. ization and intelligence authorization I deeply believe this Senate should I believe to put this on the Constitu- bills. These are critical bills at a time not be involved in putting amendments tion, if it were to prevail, if it were to when our Nation continues to be fight- in the Constitution dealing with any be ratified by three-quarters of the ing in Iraq, Afghanistan, and the global aspect of marriage, of divorce, of fami- States, it is very likely all domestic war of terror, and we have not passed lies, of adoption, of any of those areas. partnerships and domestic unions of these bills. The States reign supreme. any civil kind would be wiped out, as Gas prices. When I was in Los Ange- Why is it when Republicans are all well. That does not make any sense at les last week, it cost more than $3.50 a for reducing the Federal Government’s all. gallon to fill up a tank of gas. We have impact on people’s lives, until it comes States are well able to handle the not taken steps to deal with that. to the stinging litmus test issues— issue of marriage on their own without There are dozens of critical issues, from gay marriage or end of life—they the heavy hand of the Federal Govern- including the mandatory business of suddenly want the Federal Government ment intervening in people’s private this Senate in 2 major authorization bills and 12 major appropriations bills to intervene? lives. that we have not addressed, and 45 For the life of me, I don’t understand What is currently happening in States have taken action. Yet this Sen- why this keeps coming before this Sen- States indicates to me they are, in ate seems pressed to defend the Nation, ate. It is extraordinarily difficult to fact, actively engaged on this issue. to amend the Constitution, to provide pass a constitutional amendment. We The numbers speak for themselves. To all know that. Both Houses have to something which is within the purview date, 45 States have acted to restrict of the States and which the States are pass it by a two-thirds vote, and then marriage to only one man and one over a 7-year period it goes out to the handling. woman; 18 of those have done so by To me, it makes no sense other than States where it has to be ratified by amending their State constitutions. So this is an election year. It makes no three-quarters of the States. The last why are we doing this? sense other than throwing red meat to constitutional amendment that went This year, seven more states are a certain constituency. It certainly is on to be ratified by the States was the poised to join them when they hold not what the Constitution of the Equal Rights Amendment, a simple 25- statewide votes on a constitutional United States is all about. word amendment that said: same-sex marriage ban: Alabama in I hope we will vote no on cloture. I Equal rights under the law shall not be June, and Idaho, South Carolina, South hope we will return to business that is abridged based on sex. Dakota, Tennessee, Virginia and Wis- important to the American people. I do Guess what. They were not able to consin in November. In addition, at not believe this issue merits the time get the necessary three-quarters of the least nine other States may take up of this Senate at this time. States over a 7-year period. similar amendments in the not-so-dis- Mr. LEAHY. Mr. President, as I lis- So I don’t believe this constitutional tant future: Arizona, Colorado, Dela- ten to the debate over this constitu- amendment would be successful even if ware, Illinois, Indiana, Massachusetts, tional amendment, I am struck by the

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5475 circular and contradictory arguments Several years ago a bipartisan group The gay-marriage issue exploded when offered by some supporters of this was formed to inject some reason into Massachusetts’ highest court ruled in No- measure. It is clear even to a casual these debates. The Constitution vember 2003 that same-sex couples have a right to marry. Since then, more than 7,300 listener that the arguments from some Project has worked long and hard to gay couples there have done so. The com- proponents of this effort to use the develop guidelines for when constitu- monwealth has survived. Constitution to restrict individual free- tional amendments are appropriate. But the public backlash elsewhere has been dom for the first time ever actually They have noted: ‘‘The Founders cre- strong. Nineteen states have amended their make the case for why there is no ne- ated a Constitution that is difficult to constitutions to ban gay marriage. Most cessity for it. They must acknowledge amend, thus insuring a stable constitu- other states prohibit it as well. The state activity makes the proposed con- that the Federal Defense of Marriage tional structure. In The Federalist No. stitutional amendment all the more unnec- Act remains on the books and has been 47, James Madison highlighted this essary. It would take away the traditional upheld by every Federal court that has very point. He argued that the Con- authority of states to regulate marriage and considered it, including the Ninth Cir- stitution should only be altered on impose a one-size-fits-all edict on a nation cuit Court of Appeals. Their talking ‘great and extraordinary occasions.’ ’’ still grappling with the issue. points proclaim that 45 States already Proponents have not shown how this Most partisan drives to write social policy into our enduring Constitution have, fortu- passed legislation or contain provisions proposal meets those sensible guide- nately, failed. The prohibition of alcohol was in their State constitutions that define lines, nor could they. such a disaster that it was repealed 14 years marriage as a union between a man and Recently, the CATO Institute and the later. The Framers purposely made it dif- a woman. They point out that 19 States Center for American Progress jointly ficult to amend the Constitution so that in- have in the last 10 years passed referen- held a symposium lending further sup- tense passions of the day wouldn’t lead to dums to amend their State constitu- port to rejecting this proposed amend- laws that might last forever. Supporters of the amendment trumpet the tions and that decisive majorities ap- ment for a variety of reasons from need to protect the ‘‘sanctity’’ of marriage. proved a definition of marriage. These across a wide spectrum of opinion. But preserving the authority of states to de- arguments beg the question as to why All this raises the obvious question cide how to handle same-sex unions—wheth- we are spending several days of a wan- why this is the Republican leadership’s er through marriage or some domestic part- ing session on an amendment that is priority in the face of an unfinished nership or civil union law that protects the not only divisive but also unnecessary. agenda of legislative matters that basic financial, health and legal rights that To propose a constitutional amend- deeply concern Americans, ranging heterosexual couples take for granted— ment, two-thirds of each House of Con- doesn’t affect anyone else’s marriage. And from escalating gas prices and health the 1996 federal Defense of Marriage Act al- gress must ‘‘deem it necessary.’’ That care costs to the ongoing violence in ready says states may refuse to recognize is the constitutional standard for pro- Iraq to homeland security. While the same-sex marriages performed in other posing a constitutional amendment. news articles and editorials character- states. How, in light of this record, could Sen- izing this effort as crassly political are The proposed amendment would squelch the important debate going on at the state ators who value individual liberty, re- too numerous to include in the RECORD, spect the States, and understand the level and poison political dialogue. It should I do ask consent to include a few that be jilted and left at the altar. Constitution vote any way other than are representative. I ask that copies of against proceeding to this measure? the USA Today editorial from June 1, [From the New York Times, June 5, 2006] The Constitution is not some all-pur- 2006, the New York Times editorials of DIVIDE AND CONQUER THE VOTERS pose bulletin board on which to hang June 5 and June 1, 2006, and the Wash- President Bush devoted his Saturday radio political posters or to post bumper ington Post editorial of May 24, 2006, be speech to a cynical boost for a constitutional stickers. Our Constitution is the foun- printed in the RECORD. amendment banning gay marriage, It was de- dation of our rights and freedoms. The There being no objection, the mate- pressing in the extreme to hear the chief ex- Bill of Rights, the first 10 amendments rial was ordered to be printed in the ecutive trying to pretend, at this moment in to the Constitution, were adopted to American history, that this was a critical RECORD, as follows: priority. ensure limits on the Government and [From USA Today, June 1, 2006] Mr. Bush’s central point was that the na- to protect the liberties of Americans. JUST SAY ‘‘I DON’T’’ tion is under siege from ‘‘activist judges’’ Vermont did not and would not become who are striking down anti-gay-marriage Apparently, issues such as immigration, a State until 1791, the year the Bill of laws that conflict with their own state con- corruption, gas prices, the budget deficit, the stitutions. That’s their job, just as it is the Rights was ratified. The structure of war in Iraq and the prospect of Iran acquir- job of state legislators to either fix the laws the Constitution, with its separation of ing nuclear weapons aren’t substantial powers and checks and balances, was or change their constitutions. enough to occupy members of Congress. If there’s anything the country should designed by the Founders to protect When senators return from their Memorial have learned over the past five years, it is our rights. Day recess next week, their thoughts will that Mr. Bush and his supporters have no Sadly, the Bush-Cheney administra- turn to June weddings. They plan to spend problem with judicial decisions, no matter tion, with the acquiescence of a Repub- their time on a bitter, divisive and unneces- how cutting edge, that endorse their polit- lican Congress, has done much to re- sary debate over a proposed constitutional ical positions. They trot out the ‘‘activist move those protections to the det- amendment to ban gay marriage. judge’’ threat only when they’re worried Even supporters of the Marriage Protec- riment of the rights of all Americans. about getting out their base on Election tion Amendment readily concede that the Day. In this regard, I note the recent report measure to ban same-sex marriage nation- The aim of the president’s radio address— of the CATO Institute entitled, ‘‘Power wide has virtually no chance of becoming which darkly warned that Massachusetts and Surge: The Constitutional Record of part of the Constitution. (It would need ap- San Francisco (nudge, nudge) are going to George W. Bush.’’ This report criticizes proval from two-thirds of both chambers of destroy marriage—is the same as the Repub- this administration for not upholding Congress, plus ratification by three-fourths lican leadership’s plans to trot out one cul- the text, history, and structure of the of the states.) tural hot button after another in the coming Constitution and recognizing the limits So why bother? weeks. After gay marriage comes the push Well, Election Day is a few months off. for a constitutional ban on flag burning, a on Presidential power. Supporters hope the controversy will ener- solution in search of a problem if there ever As congressional Republicans have gize their base of social and religious con- was one. returned time and again to use conservatives opposed to same-sex marriage. All this effort to divert the nation’s atten- stitutional amendments as election Their plan could well backfire. Polls show tion to issues that divide and distract would year rallying cries to excite the pas- that Americans are evenly divided about the be bad enough if the country were not facing sions of some voters, those in Congress amendment. Religious activist groups are real, disastrous problems at home and who respect the Constitution and annoyed that President Bush, who supports abroad. But then, if that weren’t the case, honor our oath of office to ‘‘support the amendment, isn’t lobbying hard enough Mr. Bush probably wouldn’t feel moved to stoop so low. and defend the Constitution of the for it. At the same time, the 31 Republican spon- United States’’ are cast in the unpopu- sors risk alienating moderate and inde- [From the New York Times, June 1, 2006] lar role of seeking to conserve the Con- pendent voters who are turned off by the ON THE LOW ROAD TO NOVEMBER stitution and constitutional principles pandering for a futile effort that will further Republicans are trying to rally their far- in the face of demagogic proposals. divide the nation. right base for the fall elections with a mean-

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5476 CONGRESSIONAL RECORD — SENATE June 6, 2006 spirited sideshow threatening to the Con- plaint. What goes on in that state doesn’t There being no objection, the mate- stitution: a ban on same-sex marriage. concern them, and they have shown them- rial was ordered to be printed in the The Senate Judiciary Committee has en- selves perfectly capable of organizing in RECORD, as follows: dorsed the amendment, which would write many other states to nip marriage rights for [From the Rutland Herald, Nov. 2, 2000] bigotry into the nation’s charter, by a 10-to- same-sex couples in the bud. What’s more, 8 vote along party lines, and the full Senate federal law already guarantees that no state STAFFORD’S GIFT is expected to take it up soon. Since the need recognize same-sex marriages per- Robert Stafford was never a politician who measure’s language covers not only marriage formed in any other. So the only purpose of wore his heart on his sleeve. He served but the ‘‘legal incidents’’ of marriage, its ap- a federal amendment would be to prevent Vermont with distinction over five decades, proval could jeopardize civil unions, domes- states that wish to move toward marriage beginning as Rutland County state’s attor- tic partnerships and other legal protections equality from doing so. Even within Massa- ney, later becoming governor of Vermont that many state and local governments now chusetts, where opposition to same-sex mar- and later U.S. senator. provide for same-sex couples and their chil- riage is hardly overwhelming, the experi- He is now 87 years old, and he lives in Rut- dren. ment with it will not succeed if a majority of land Town. During his career he focused on No one, including the G.O.P. strategists citizens over time believe strongly that the getting the job done, and millions of Ameri- urging it’s fast-tracking, expects the amend- decision by the state’s high court creating cans who are able to use Stafford loans to fi- ment to get the two-thirds Congressional ap- marriage equality should be overturned. nance their higher education have Robert proval needed to send it to the states for Stafford to thank. What exactly is the problem that requires So when Stafford came forward on Tuesday consideration. Two years ago, when Repub- upsetting 200 years of constitutional norms? to speak about the climate of intolerance licans staged a Senate vote on the same dis- The question answers itself. that has arisen during the present election mal amendment just before the Democratic campaign, it was because he was moved by a convention, it ran into unexpectedly broad Mr. LEAHY. Mr. President, when we profound conviction. He was not alone. Sens. opposition. Some conservatives correctly op- began this debate on Monday afternoon Patrick Leahy and James Jeffords and Rep. posed grabbing power from the states by sud- I referred to the important discussion Bernard Sanders were with him to request a denly federalizing marriage law. Supporters that occurred in Vermont several years return to the atmosphere of respect that has of the amendment could muster only 48 ago. In that statement I referred to the traditionally characterized the state of votes, well shy of the 60 required to cut off extraordinary example set of Senator Vermont. debate and avoid a filibuster. Robert Stafford. I will ask that the Stafford described his marriage of many Plainly, the real purpose of this rerun is to years to his wife, Helen, and of the love they provide red meat to social conservatives, and Rutland Herald editorial from Novem- ber 2, 2000, entitled ‘‘Stafford’s Gift,’’ have shared. ‘‘I believe that love is one of the fodder for commercials aimed at senators great forces in our society and in the state of be printed in the RECORD. This edi- who vote to block the atrocious amendment. Vermont,’’ he said. ‘‘And everyone in this It is sad that Senator Arlen Specter, the torial memorializes the bipartisan call country is better off living in a society based Republican chairman of the Judiciary Com- for respect and tolerance to which on love.’’ mittee, who personally opposes the measure, Vermonters responded. Senator JEF- The civil union law has confronted many chose to lend his gavel and vote to speed it FORDS and I were honored to join Sen- Vermonters with the reality that gay and to the floor. He got angry when Senator Rus- ator Stafford in rejecting vitriolic at- lesbian couples also share love. That reality sell Feingold, the Wisconsin Democrat, ob- prompted a question from Stafford: ‘‘If a jected in forceful terms to both the amend- tacks during Vermont’s experience with this debate. The Rutland Herald’s same-sex couple unites with true love,’’ he ment and the politically motivated sched- said, ‘‘what is the harm in that? What is the uling. Mr. Specter and the other members of series of civil editorials that examined harm?’’ his committee who approved the amendment these issues during Vermont’s debate Conscientious people disagree on the moral have no reason to be angry—just ashamed. earned the Pulitzer Prize for the news- questions surrounding homosexuality and paper and its editorial page editor, civil unions. The point is not that everyone [From the Washington Post, May 24, 2006] David Moats. should agree; it is seldom the case that ev- RUNNING AGAINST GAYS; ASANELECTION AP- The fairness and equality that re- eryone will agree on any issue. The important distinction is between those PROACHES, CAN A VOTE TO BAN SAME-SEX sulted from passage of Vermont’s civil MARRIAGE BE FAR BEHIND? who disagree with civil unions and those who union law has not threatened the mar- take their disagreement a step further, using The Senate Judiciary Committee last week riages of the Green Mountain State or churned out a transparent effort to energize offensive language, shouting down oppo- the restive Republican electoral base by any other State in this country. It has nents, and employing tactics of character as- picking on gays and lesbians. It reported, on not led to the parade of horribles sassination like those being used in a 10 to 8 vote along party lines, a federal con- threatened by the proponents of this Chittenden County. Disagreement must be respected. But when stitutional amendment stating that ‘‘Mar- divisive constitutional amendment. disagreement turns into denigration, it cre- riage in the United States shall consist only Recently, I was contacted by a num- ates the atmosphere that Stafford, Leahy, of the union of a man and a woman’’; the ber of physicians in Vermont who Jeffords, and Sanders came to Rutland to de- amendment would prevent federal and state voiced their strong opposition to the plore. constitutions alike from being ‘‘construed to Stafford and Jeffords are the two senior require that marriage or the legal incidents constitutional amendment that we are Republican leaders in the state, and it is thereof be conferred upon any union other debating. These pediatricians are con- good that leading Republicans have chosen than the union of a man and a woman,’’ Sen- cerned that the proposed amendment to speak up about the extremism that has ate Republican leaders are determined to will deprive children ‘‘of the benefits of tarred the debate over civil unions. If the Re- promptly bring up the resolution on the both parents being able to provide publicans intend to help heal the wounds floor, though it has no chance of passage. Its health insurance, take time off from caused by the bigotry of a few, they have to purpose, at this stage anyway, is simply to work to care for their children, author- be willing to distance themselves from some make a statement—of solidarity with so- ize medical care, or stay with their of the attacks that are made in their name. cially conservative voters, of hostility to- Jeffords had harsh words for the ‘‘tone of ward marriage equality for gays and les- children in the hospital.’’ I will ask that their letter be printed in the intolerance and hate’’ this year. And he bians, and of contempt for state govern- spoke of the need for respect. ‘‘When individ- RECORD. ments that might choose to move toward a uals with narrow minds seek to vilify public more inclusive conception of marriage. Hundreds of thousands of American servants in the name of religion, it’s time to Senators will indeed make an important children are being raised by committed take a step back.’’ statement with their votes on this amend- same-sex couples. I am gravely con- A flier distributed by a religious group in ment—just not about the ‘‘sanctity of mar- cerned that the so-called Marriage Pro- Chittenden County warned that because of riage,’’ The vote, rather, will tally each tection Amendment would prevent the civil union law, Vermont would become member’s willingness to deform the U.S. ‘‘a San Francisco-like rural haven.’’ Constitution. States from providing benefits and pro- Leahy called such fears ‘‘vitrolic non- On the merits, there is simply no case for tections to these dedicated parents and sense.’’ an amendment that would write into the their families. The issue inevitably comes back to Staf- Constitution an express command to every I ask unanimous consent to include ford’s point, which asks us to look at the re- state and federal official to discriminate two recent editorials opposing the pro- ality of human relationships. In homosexual against a class of people. Marriage has al- posed amendment from the Brattleboro relations, just as in heterosexual relations, ways been a state matter in the American Reformer from May 24, 2006, and the there are respectful, loving relationships, system, and nothing about the advent of gay and there are relationships that are less. marriage in a single state should change Rutland Herald from June 6, 2006, in And as Stafford said, in simple, heartfelt that. Opponents of same-sex marriage out- addition to the aforementioned mate- language, when it comes to love, what is the side of Massachusetts have no cause for com- rials. harm?

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PRO-FAMILY PEDIATRICIANS, to protect children by defeating the Federal of indictments filed against GOP members of Burlington, Vermont, June 5, 2006. Marriage Amendment. Congress. They can’t run on the economy, Hon. PATRICK J. LEAHY, Very truly yours, not with $3 a gallon gasoline, rising interest U.S. Senate, Dr. Garrick Applebee, Attending Physi- rates and stagnant wage growth. Washington, DC. cian, Vermont Children’s Hospital, Bur- No, all they have left is the hope that Hon. JAMES M. JEFFORDS, lington, Vermont. voter turnout will be low and the most ex- U.S. Senate, Dr. Wendy S. Davis, Vermont Children’s treme members of their constituency will Washington, DC. Hospital at Fletcher Allen Health Care, Pro- show up to vote. fessor of Pediatrics, University of Vermont Mid-term elections are usually decided by DEAR SENATORS LEAHY AND JEFFORDS: As College of Medicine, Burlington, Vermont. turnout, and usually only the most moti- Vermont pediatricians dedicated to the care Dr. Jillian S. Geider, Vermont Children’s vated voters from each party show up on of infants, children, adolescents, and young Hospital, Clinical Instructor, Pediatrics, Election Day. While pandering to religious adults, we strongly urge you to oppose University of Vermont College of Medicine, extremists may seem like a smart short- amending the Constitution to forever deny Burlington, Vermont. term strategy, in the long term, it alienates gay and lesbian couples and their children Dr. Joseph F. Hagan, Jr., Clinical Pro- the rest of the population. the same protections available to other fam- fessor in Pediatrics, University of Vermont Given the bigger issues facing this nation— ilies. A discriminatory constitutional College of Medicine, Co-Chair Bright Futures out-of-control energy and health care costs, amendment would have a particularly severe Education Center and Steering Committee, the criminally slow response to the Gulf impact on the health and security of the American Academy of Pediatrics, Bur- Coast’s plight after Katrina, the lack of an hundreds of thousands of children whose par- lington, Vermont. exit strategy from Iraq, the threat of an- ents are same-sex couples. Dr. Barry W. Heath, Director Pediatric other war in Iran and a president who shows On a daily basis, we care for sick children ICU, Vermont Children’s Hospital, Associate no respect for the rule of law—arguing about in the context of their families. Children de- Professor of Pediatrics, University of flag burning and gay marriage is ridiculous. serve all the love, care, and emotional and fi- Vermont College of Medicine, Burlington, But that’s the legislative agenda that the nancial security their families can provide. Vermont. Republicans are working on. Even though Any constitutional amendment that throws Dr. Jeremy Hertzig, Clinical Instructor in the gay marriage ban has no chance of re- obstacles in the way of two parents being Pediatrics, University of Vermont College of ceiving the required two-thirds majority able to provide the full measure of security Medicine, Burlington, Vermont. which will move the proposed amendment to for their children that the law allows is Dr. Jenny Hoelter, Resident, Vermont the states to ratify, the goal is to get both clearly not in the best interest of children. Children’s Hospital, Burlington, Vermont. houses to vote on it next month. Likewise The best result for children is the defeat of Dr. Elizabeth Hunt, Pediatrics Resident, for flag burning and more restrictions on the Federal Marriage Amendment. Vermont Children’s Hospital, Burlington, abortions. Vermont. In short, the GOP would rather devote its As demonstrated by census and other data, Dr. Karen S. Leonard, Attending Physi- energies to pointless and divisive legislation there are literally hundreds of thousands of cian, University of Vermont, Burlington, than address the real problems facing the na- children whose parents are gay or lesbian Vermont. tion. couples. According to the 2000 census, same- Dr. Brett McAninch, Vermont Children’s We do not think this is not going to work sex couples are raising children in at least 96 Hospital, Burlington, Vermont. this November. percent of all counties in the U.S. These chil- Dr. Meredith Monahan, Pediatric Resident, As weapons, the powers of fear and divi- dren go to school, play in sports, sing in University of Vermont, Burlington, siveness, the two biggest guns in the GOP ar- choirs, go to worship services, play at the Vermont. senal, are no longer as powerful as they were beach, get hugs from their parents and Dr. Bradford D. Stephens, Clinical Instruc- in 2002 or 2004. More and more Americans, grandparents—and get sick—just like chil- tor, Vermont Children’s Hospital, Bur- liberals and conservatives alike, are on to dren of opposite-sex couples or single par- lington, Vermont. the Republican game. This growing aware- ents. And when these children are sick, their Dr. Alicia J. Veit, Vermont Children’s Hos- ness that the GOP has nothing going for it parents come to doctor visits together, take pital, Clinical Instructor, Department of Pe- other than fear and divisiveness may lead to time off from work to stay home with the diatrics, University of Vermont College of big victories for Democrats in November. sick child, worry about paying the medical Medicine, Burlington, Vermont. And Republicans will only have themselves bills, and if serious enough, stay at the hos- Dr. Anna Ward, Pediatric Resident, to blame. pital together with their child, take turns Vermont Children’s Hospital, Burlington, holding an oxygen mask or meeting with Vermont. [From the Rutland (VT) Herald, June 6, 2006] doctors and nurses. Dr. Richard C. Wasserman, Professor of Pe- THE BULLY’S PULPIT diatrics, University of Vermont College of Whether the problem is as medically sim- George Bush is a bully and a coward. Medicine, Burlington, Vermont. ple as a bad cold or a broken finger or as se- How else to explain this weekend’s per- Dr. Paul James Zimakas, Pediatric rious as leukemia or a life-threatening heart formance by the president, who used his Endocrinologist, Vermont Children’s Hos- condition, a child’s illness or injury strains weekly radio address to push for a constitu- pital, Burlington, Vermont. both the child and his or her parents. No par- tional amendment banning gay marriage? ents who are already under the emotional His cowardice is long established, from [From the Brattleboro Reformer, May 20, stress of caring for their sick or injured child using his family’s influence to duck military 2006] should also have to worry about whether the service during Vietnam to hiding behind Constitution will deprive their child of the AGENDA OF DIVISIVENESS underlings while in the Oval Office. He’s benefits of both parents being able to provide It’s very obvious why the Senate Judiciary never seen a fair fight he can’t run from or health insurance, take time off from work to Committee voted Thursday to revive an ef- pay someone else to fight for him. care for their child, authorize medical care, fort to enact a constitutional ban on same- Now he’s beaten down in the polls, with or stay with their child in the hospital. Add- sex marriage. both his foreign and domestic policy initia- ing to the worries of already strained par- Republicans are getting their arms vigor- tives in tatters, already a lame duck and ents is simply wrong. ously twisted by the religious right. They staring at a legacy as a war president during The American Academy of Pediatrics has have begun threatening the Republicans that a losing fight. His next-best shot at being re- found that ‘‘a considerable body of profes- they will stay home in November if progress membered by history is as the president who sional literature provides evidence that chil- is not made on banning abortion, same-sex single-handedly bankrupted the country, dren with parents who are homosexual can marriage and flag burning. going from a surplus to record deficits al- have the same advantages and the same ex- A poll conducted in March by four groups most overnight. representing evangelical Christians found So what did Bush do? What any schoolyard pectations for health, adjustment, and devel- that 63 percent of so-called ‘‘values voters’’— bully does when they feel threatened: He opment as can children whose parents are the evangelicals who oppose abortion and picked on someone he perceives as an easy heterosexual. When two adults participate in same-sex marriage—believe that, in the target. parenting a child, they and the child deserve words of the poll, ‘‘Congress has not kept its In this case, the target is gay marriage. the serenity that comes with legal recogni- promises to act on a pro-family agenda.’’ While the country is generally more accept- tion.’’ So, between now and November, you can ing of homosexuals than it was a generation We urge you to find ways to make the lives expect to see these ‘‘values’’ issues trotted ago, there is still a taboo against using the of all children happier, healthier, and safer. out by Republicans in Congress to convince word marriage to define homosexual rela- There are lots of good ideas, and good legis- the religious right they are still on their tionships. lation, to meet these goals. But the Federal side. The GOP used the same gay-bashing tactic Marriage Amendment will do the opposite. It It’s not like the GOP has anything else to to get out the vote in the last election, and will make the lives of children more difficult run on. They can’t run on national security, their strategists are clearly banking on a re- and make the assurance of the best health not with Iraq in a bloody civil war. They peat performance to revitalize support for care a broken promise. We strongly urge you can’t run on ethics, not with the growing list the president, and for the party headed into

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5478 CONGRESSIONAL RECORD — SENATE June 6, 2006 the fall elections. Bill Frist, the Senate ma- with this new reality because activist exercise their will. States that pass jority leader, claimed an amendment is need- judges throughout the Nation have de- laws on constitutional amendments ed to protect the other 49 states from Massa- cided to redefine marriage. should not be overridden by an overac- chusetts’ recognition of gay marriage in an The courts, not the people, not the tive judiciary that believes it has the opinion piece released over the weekend. Oddly, the tactic may backfire on the GOP. States, are redefining a fundamental power to redefine the moral character While the states that have voted on defining institution of our society, the very upon which our Nation was built. I be- marriage as the union of a man and a woman foundation of our civilization. lieve the President recently summed it have been unanimous in supporting the Ironically, this new definition of up when he said: measures, using the Constitution as a tool marriage runs contrary to what a ma- The union of a man and a woman in mar- must strike many as a large, blunt instru- jority of Americans believe. In fact, 45 riage is the most enduring and important ment. of the 50 States have either a State human institution. For ages, in every cul- Amending the Constitution is not easy; it constitutional amendment or a statute ture, human beings have understood that is not meant to be so. That choice by the marriage is critical to the well-being of fam- framers, reinforced through the centuries, defining marriage as the union between a man and a woman, nothing else. On ilies. And because families pass along values makes rational people pull back from cheap and shape character, marriage is also crit- grandstanding with this nation’s most-cher- average, those measures have passed ical to the health of society. Our policies ished document. And the latest move is with more than 70 percent of the vot- should aim to strengthen families, not un- nothing if not a grandstand play. ers’ support. dermine them. And changing the definition In fact, true conservatives may find them- Today, the voters in my home State of marriage would undermine the family selves in conflict over whether cheapening of Alabama—and we will know the out- structure. the importance of a constitutional amend- come later tonight—will vote on a ment is too steep a price to pay, seeing as Therefore, tonight I stand before you the country already has the Defense of Mar- State constitutional amendment rein strong support of this constitutional riage Act, which already does what the garding marriage. I think I know what amendment to define marriage as a amendment promises. And they must despair the outcome will be in my State. Re- union between a man and a woman. at seeing a raid on states’ rights, a conserv- gardless, no judge should be able to im- I yield the floor. ative touchstone. pose his or her will on Alabama or any The PRESIDING OFFICER. The Sen- But surely, surely the move must backfire other State if the voters have decided ator from Kansas is recognized. in Vermont. Any candidate who does not im- otherwise. Mr. BROWNBACK. Mr. President, I mediately and publicly renounce a constitu- What appears to be a broad consensus tional amendment against gay marriage will thank my colleague from Alabama for alienate the state’s open-minded middle of throughout the country for protecting his support for the marriage amend- the road, as well as its substantial liberal the institution of marriage is being un- ment. I note, as he knows, that Ala- population. But any candidate who opposes dermined and redefined by activist bama is voting on this very day on this the amendment will alienate the right wing judges. These judges have struck down subject. I feel confident that it, along of the Republican Party. So Bush and Frist numerous State laws intended to pro- with the other 19 States—this will have put moderates into a tough spot. tect the traditional definition of mar- make 20—will support marriage as a Regardless, it is time for Vermont’s can- riage. State courts in California, Geor- union between a man and a woman. didates in this fall’s election to stand up and be counted on the issue. No ducking or ex- gia, Maryland, New York, and Wash- Mr. SHELBY. I believe that is going cuses, please. ington have overturned laws or amend- to happen today. Martha Rainville and Richard Tarrant are ments protecting marriage, and a Fed- Mr. BROWNBACK. If it doesn’t—— running as moderate Republicans; it is their eral judge in Nebraska invalidated a Mr. SHELBY. Oh, it will. party’s leadership that has put the issue on State amendment prohibiting same-sex Mr. BROWNBACK. That is another the table; it is their time to speak. They marriage. indication that 20 States have directly both say they are independent thinkers in I have long thought that it was the voted on this issue. If we would have the Vermont tradition, who will not simply role of the judiciary to interpret the Senators who follow what the States repeat the party line. have done, we would have 90 votes for Now they can prove that claim or they can law, not make the law. However, these follow the lead of their boss, the coward. It’s activist judges across the country have a constitutional amendment to define a clear, if not simple, choice. taken it upon themselves to make laws marriage as a union between a man and I yield the floor and I suggest the ab- that, in many cases, redefine the defi- a woman. I thank my colleague for his sence of a quorum. nition of marriage. These judges have strong support. I believe the people of The PRESIDING OFFICER. The taken it upon themselves to make deci- Alabama are going to do it today as clerk will call the roll. sions reserved for State legislatures well. The bill clerk proceeded to call the who have worked to be responsive to I have another colleague who will be roll. their constituencies and to define mar- speaking shortly. In the interim, I Mr. SHELBY. Mr. President, I ask riage in the traditional sense. The dif- want to develop an argument that has unanimous consent that the order for ference is that these activist judges do been put forward but I think is an im- the quorum call be rescinded. not have to be responsive to anyone portant one to further raise and de- The PRESIDING OFFICER (Mr. and are accountable to no one. velop. It is one I have mentioned pre- CHAMBLISS). Without objection, it is so Abraham Lincoln reminded us in the viously on religious freedom. We have ordered. Gettysburg Address that we have a the article that has been mentioned by Mr. SHELBY. Mr. President, I rise government of the people, by the peo- several by Maggie Gallagher on why tonight as a cosponsor and a strong ple, and for the people. Activist judges, Catholic Charities was run out of Bos- supporter of the Marriage Protection accountable to no one, should not be ton because they didn’t support homo- Amendment before the Senate. allowed to govern this country. The sexual adoptions. Rather than breaking If you had told me 10 years ago, or basic foundation of our Constitution one of the tenets of their faith, they even 5 years ago, that I would be stand- does not invest total control in the ju- said we can no longer do adoptions. ing before the Senate advocating a con- diciary. It is not government by the ju- There is an argument that churches stitutional amendment that defines diciary; rather, it is a government by that do not perform same-sex unions marriage as a union between a man and the people. On this issue, the people will not be allowed to perform any a woman, I would have thought you have spoken and will speak again. marriages. I think this bears looking had lost your mind. Why in the world Activist judges should not be per- at because it is a serious issue that has would you ever need to do that, I would mitted to redefine the sacred bond of a legal history and pedigree to it. It is have asked? Doesn’t it go without say- marriage. For generations, humanity one we should be concerned about taking that men and women get married? has defined marriage as the union being place. Yet tonight I do stand in the Senate tween a man and a woman upon which I was in a church last Saturday advocating a constitutional amend- families are built. It is the institution night. My oldest daughter was the ment that defines marriage as a union of marriage upon which our society has maid of honor in a wedding. It was a between a man and a woman, nothing flourished. beautiful ceremony. That church has a else. What was once thought prepos- Mr. President, States, in my judg- very clear conviction that marriage is terous is now reality. We are faced ment, must be allowed to continue to between a man and a woman. They

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5479 would not agree to doing marriages be- abolish marriage and legalize multi- back from those who promote these tween same-sex couples. Then does partner unions. So this is out there and ideas? that mean that they cannot perform it is one of those things we should They all lift their noses and respond: any marriages? OK, some say it is too watch. ‘‘All we are doing is being faithful to strong of an argument. Yet you have My colleague from Alabama has ar- the Constitution. Don’t you respect the that history in the adoption field, and rived. I yield the floor to him for his Constitution? We know you have deep- you have a legal pedigree that is there comments on the constitutional ly held beliefs, and we understand that, to develop on top of that. I think that amendment. but we all must yield to the require- bears watching. I yield the floor. ments of the Constitution, don’t you There is another argument I want to The PRESIDING OFFICER. The Sen- know?’’ further develop while my colleagues ator from Alabama is recognized. That is kind of the feedback we get are coming to the floor; that is, this Mr. SESSIONS. Mr. President, I on this issue. But the American people one on ‘‘slippery slope.’’ People say thank Senator BROWNBACK. He is such are not so easily fooled. They chose not this is one that isn’t going to happen. a champion on this issue and has raised to go quietly this time. They have cho- It is not going to develop. Yet I think so many important matters for us to sen to fight, and it is going to be a long the legal pedigree is there for a slip- think about. I believe the debate we battle. And well they should have made pery slope to develop. Some will be rec- are having is a very important debate. that decision since the question here ognizing different groups that have I remember the hearings we had in the raises the nature of marriage and the stepped forward already to say that if Judiciary Committee. The Senator had usurpation of judicial power to effect a two people of the same sex can be mar- several—I believe he had one in the political or social agenda, which are ried, why can’t there be additional peo- Commerce Committee maybe, and I matters that go to the heart of this Re- ple? What is the legal bias against hav- had one in the Judiciary Committee on public and our governing structure. ing more than two people in a marital marriage. So let’s make some things clear. One, arrangement? This even has a term One of the things we found was that those who believe in the traditional now, polyamorist. They have already almost every category of individual definition of marriage did not start had one court case trying to gain rec- character and wellness was better if this fight. The debate is not a distrac- ognition for a marriage of a woman and you were married. That is just the way tion from important issues; it is an im- two men. They say in some of their ad- it was. You had a longer lifespan, you portant issue. It is not about wedge vocacy that they are waiting for same- ended up with more wealth, you had politics. sex marriage to pass to begin agitation better health, you were happier, and Let me state the plain truth. We are to legalize more than two people get- there was less drug use, less crimi- here debating this issue because there ting married. nality, and less suicide. All of those has been a deliberate and sustained ef- If you think that is not going to hap- things are so taken for granted in the fort by leftists in America to alter the pen, you had the minority opinion in committed, historic marriage relation- definition of marriage to include a the Supreme Court case that recog- ship. union of two men or a union of two nized that, what is your legal basis of I believe this issue is an important women. This action has been, to some stopping that, too, if it can be two men one that is before us. I want to share a degree, successful, as shown by rulings or two women? Why is it only two? few thoughts on the matter that deals in a number of important cases. So the That is what this group is starting to with certain issues that are important matter is real. It is not a theoretical agitate for. They are saying that to me, which I think are important. We matter; it is very real, right now. granting same-sex marriage is sup- are not here, let me say, first of all, be- I do not agree with these changes in ported on equal protection grounds. cause of some band of Christian con- marriage. I favor the traditional ap- How is the court going to deny them? servatives. Indeed, virtually every reli- proach for many reasons. More impor- There are plenty of polyamorists out gious organization in America cares tantly, the American people over- there. about this issue. It is not that we want- whelmingly oppose this idea. There has The problem goes further. We have ed to enter into some sort of argument been no support in the Senate, no sup- an advocacy group called the Alter- with the gay community or with those port in the House of Representatives or natives to Marriage Project which sup- who favor same-sex marriage. We are the State legislatures for such actions. ports polyamory and other innovations not here because of a political agenda. This new marriage concept has been re- to parental cohabitation. The Alter- Traditional mainstream Americans jected by legislative branches all over natives to Marriage Project is quoted were going about their business when the Nation and has been rejected in, I frequently in the mainstream media. courts began a pattern of rulings that think, 19 statewide votes, averaging Believe it or not, some of the most subverted democratic principles on the about 70 percent each time. powerful factions of family law schol- long held meaning of marriage. As the These social activists have always ars in the law schools favor legal rec- cases and lawsuits have mounted and known they have no chance to get ognition of both polyamory and paren- scholars reviewed the opinions and elected officials to adopt their concept tal cohabitation. Even law review arti- pondered their implications, it became of marriage. It will not be voted in. So cles have been published advocating for clear that this activist movement was they have looked through the Constitu- both. Again, they argue that if two bold and far reaching in scope. Their tion and decided their goal could only men can get married and two women design was to effect a complete change be achieved by arguing before activist can get married, if this is an equal pro- in the meaning of marriage, altering an judges that denying same-sex couples tection argument, why is it limited to institution that is thousands of years the right to marry is a denial of the just two? What is the legal basis or old. The lawyers who filed these cases constitutional guarantee of due process foundational basis in society for this? had a simple plan: They would file a or equal protection or ideas such as I raise that as a point because this lawsuit attacking the traditional defi- that. area of law is starting to develop. Even nition of marriage as a union between The Supreme Judicial Court of Mas- the influential American Law Institute a man and a woman. They would urge sachusetts flatly agreed with those came out with proposals that would the courts to declare, based on some lawyers. This court declared that the grant nearly equal recognition to co- subjective constitutional theory such constitution of Massachusetts, adopted habitation. So this is developing in the as evolving standards of decency, that in 1780, requires that same-sex unions law. the Constitution of the United States— be given the same recognition as a I raise these items as issues knowing they sought to have the courts declare union of a man and a woman. They that some people will scoff at it. You that the Constitution of the State or found that a constitutional require- can look at what happened in the world the United States requires that mar- ment. This is activism, pure and sim- in the past year or so as well. Sweden riage be redefined to include same-sex ple. It is the very definition of activ- passed the first same-sex partnership marriage. ism. plan in the world and had serious pro- When the people complained about The drafters of that constitution in posals floated by parties on the left to this usurpation, what did you hear 1780 would never have imagined their

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5480 CONGRESSIONAL RECORD — SENATE June 6, 2006 constitution would some day be so sion was not activism. It was a new reasoning could be used in the future in twisted. The Massachusetts Supreme commitment to the plain meaning of cases such as the Massachusetts mar- Judicial Court plainly reached, I be- the existing Constitution that had been riage case. It was obvious, of course, lieve, a political, social, and cultural the law all along. that the issue of same-sex marriages conclusion about homosexual unions. The situation is quite different in was not before the Court in Lawrence, And they took language out of their Lawrence. It is instructive to review but they were aware of that. State constitution that was never, ever how five members—only five, really, Justice Scalia was not beguiled by crafted, designed, or expected to cover because Justice O’Connor only con- this language. His brilliant dissent such a situation as this, and they just curred in the result, not in the rea- went right to that point, and it is the declared that the long established con- soning—of the Supreme Court came to issue before us today. Justice Scalia cept of marriage violated the constitu- reverse Bowers, which had upheld aptly stated: tion of Massachusetts. They just did it. Georgia’s law just 17 years before. This case ‘‘does not involve’’ the issue of These judges don’t have to stand for So what changed? Certainly not the homosexual marriage only if one entertains election—certainly Federal judges do law. Certainly not the Constitution. the belief that principle and logic have noth- not—and they are not accountable to This is why our American people need ing to do with the decisions of this Court. the American people. If judges do not to pay close attention to these issues, It doesn’t involve the issue of homo- show their personal restraint, modesty, or the judicial sleight of hand that is sexual marriage only if logic and prin- and fidelity to the Constitution— beginning to occur too often will suc- ciple have nothing to do with the opin- whether or not they like the Constitu- ceed. No doubt the American people are ions of the Court. What he is saying tion—then democracy is thwarted. So paying closer attention today than quite plainly is, following the logic and this is no small matter, I say to my they have in the past. principle of the opinion in Lawrence, colleagues. The majority opinion in Lawrence di- marriage, as we know it, is in jeopardy Some will argue that the problem is vorced morality from law. The Court today, and he dissented. Justice Scalia a problem for Massachusetts only and flatly held that morality, even long es- is a brilliant jurist. He loves the law that each State can decide these issues. tablished, objectively determined and believes in being faithful to the But the U.S. Constitution provides moral values, cannot be a basis for law, law as written, not as he may wish it that every State must give full faith so they struck down the Texas law. The to be. and credit to the marriages of another Court said the law was a product of This debate in the Senate about ac- State. In other words, the U.S. Con- morality, which they found was with- tivism is important. It is a debate that stitution ordinarily requires that each out value as a justification for law. I was raised aggressively in recent elec- State must recognize the marriages of kid you not, that is what they did. tions in Senate races and the Presi- other States. Remember, the Court is examining dential election. President Bush said But what about DOMA? We passed now a long-established provision of he admired Justice Scalia and he want- DOMA, the Federal Defense of Mar- criminal law, a provision that had been ed more judges on the Court such as riage Act, in this Congress a number of recently upheld as constitutional. Re- Justice Scalia. years ago. It was passed to deal with member also, the issue is not whether Justice Scalia’s dissent reflects one what was perceived as a problem a dec- you approve or would vote for such a of the critical issues that highlight the ade or so ago. Didn’t DOMA fix the law but whether it stands without any difference between an activist judge problem? basis such that it becomes the duty of and one who is respectful of the peo- The simple answer is no. To under- the Supreme Court to strike it down as ple’s branch of Government, the legis- stand why, let’s look at the Supreme violative of the U.S. Constitution. lative branches of Federal and State Court’s ruling in Lawrence v. Texas. I Lawrence was troubling, with far- government. was attorney general of the State of reaching ramifications. In large part, the Massachusetts mar- Alabama. This deals with one of the What does Lawrence have to do with riage case and Lawrence v. Texas are things you do as an attorney general of the marriage amendment? A great the kinds of rulings that have caused a State: you defend the laws of that deal, unfortunately. If the Supreme so much controversy, rulings where a State when they are challenged in the Court were to hold that marriage slim majority of an aging group of jus- Supreme Court of the United States. should no longer be limited to a union tices—four maybe in some courts, five So I can identify with Texas in this of a man and a woman and a court on the U.S. Supreme Court—allow per- matter. finds as they did in Lawrence that such sonal views on some subject to cloud Without regard to established law, is required by some word or phrase in their thinking to such an extent that the Supreme Court reversed their own the Constitution, than any Federal they delve into the Constitution in opinion on a very similar case in Geor- law, such as DOMA, or any State con- order to find some phrase they can use gia just 17 years earlier and followed a stitutional provision—we are voting on to impose that view on the people, all new vision of social justice, one in Alabama today to protect mar- the while insisting they are merely fol- masquerading, I suggest, as constitu- riage, and I assure you it is going to lowing the commands of the Constitu- tional law. In Lawrence v. Texas, the pass—but any State constitutional pro- tion. Supreme Court reversed their opinion vision would be erased from the books, In fact, our Supreme Court Justices in Bowers v. Hardwick, a Georgia case, held for naught, and struck down if have created a double standard. They and said all State sodomy laws are un- found to be in violation of the Con- have plainly held that the legislative constitutional. stitution because the Constitution is branches—the Congress, our State leg- This is most certainly not a discus- the supreme law of the land and its islatures—elected by the people, can- sion concerning sodomy laws or the provisions trump all other laws and not base a law on an established, objec- wisdom of such statutes. This debate is State constitutional provisions. tive moral code, but they—the enlight- about the Constitution, what it means, In Lawrence, the U.S. Supreme Court ened judicial branch, the one branch of and who controls the legal and social used very broad language that by fair our Government unaccountable to the policy in America. Some statutes and deduction would suggest that the ma- people—may strike down congression- ordinances certainly are unconstitu- jority’s reasoning would be supportive ally passed laws if the Justices con- tional and should be declared so. A city of redefining marriage. While not deny- clude that the legislative laws do not ordinance that required Rosa Parks to ing the logic of this possibility, the comply with what the judges find are sit at the back of a bus simply because Court in its opinion in dicta did note ‘‘evolving standards of decency.’’ of the color of her skin did violate— that Lawrence ‘‘does not involve ‘‘Evolving standards of decency’’ is a clearly violated—the command of the whether the government must give for- phrase activist judges often use, and it U.S. Constitution that everyone be pro- mal recognition to any relationship can mean anything. Who can say what vided equal protection of the laws, and that homosexual persons seek to that means? ‘‘Evolving standards of de- Judge Frank M. Johnson and the U.S. enter.’’ cency’’ is not a proper legal standard. Supreme Court were correct to strike So the facts did not involve that, but It lacks the precision needed for a legal it down as discriminatory. That deci- the opinion did not deny that this same standard. It is, in fact, not a standard

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5481 at all. In truth, it is a license to the States are facing similar lawsuits. And The sounds of the conflict can be heard court. It can allow as few as five Su- if Lawrence is any indication, the U.S. in Lexington and in Omaha. Why stand preme Court Justices to roam the Supreme Court seems poised to make a we here idle? Let’s authorize the Mar- world to find European law or some similar ruling. riage Protection Amendment to go to other foreign law or some study or This is why the American people are the States so the people’s will may be some report which they base their rightly concerned and want us to do accomplished. After all, our founders opinion upon. something to stop this trend by the un- created a democracy, not an oligarchy. The PRESIDING OFFICER. The Sen- democratic branch of government from I yield the floor. ator’s time has expired. altering marriage, a cornerstone of our Mr. CARPER. Mr. President. Mr. SESSIONS. I thank the Chair. I civilization. The PRESIDING OFFICER. The Sen- ask unanimous consent for 5 more min- Of course, if this Congress were to ator from Delaware. utes. pass the Marriage Protection Amend- Mr. CARPER. Mr. President, my Mr. CARPER. Mr. President, I will ment, it does not then become law. It friend from Alabama has just called for have to object to that. I agree to 1 then would go to the States where the Senate to vote and the House to more minute. three-fourths of the State legislatures vote, two-thirds majorities to vote to The PRESIDING OFFICER. The Sen- would have to agree, for it to become send to the States the question of ator from Alabama is recognized for 1 part of our Constitution. whether or not our U.S. Constitution more minute. Thus, our vote today is the key step should be amended with respect to Mr. SESSIONS. Mr. President, I in allowing the States to express the marriage being only between a man would just say this: that we are at a will of their people. and a woman. Actually, in my State point in our history where it is now the Thus vote against the Marriage Pro- and in 45 other States around the coun- opportunity of this Senate to allow the tection Amendment by those who say try, we have had the opportunity to de- American people an opportunity to they oppose same-sex marriage, would bate this issue, to consider this issue, have their views heard on the question deny the States the authority they and to pass laws with respect to mar- of the definition of marriage. It has need to protect their laws from judicial riage as between a man and a woman. been eroded by courts improperly, in activism. Personally, I believe that it is. As my view, but it is being eroded never- Finally, some argue that marriage is Governor of Delaware, a number of theless. By voting for this constitu- not an issue of such importance that it years ago I signed into law the Defense tional amendment, we will not make should be placed in our Constitution or of Marriage Act in my State that says any constitutional amendment become even have debate time allotted to it. marriage is something that occurs be- a reality. We will simply send the mat- They are wrong. This is a huge issue, tween a man and a woman. Not only ter to the States. And if three-fourths one of great importance. The real ques- did I sign that law, but I supported the of the State legislatures agree, only tion is, why deny the right of the Federal law which was enacted here, then will this amendment become law. American people through their legisla- signed by former President Clinton, Why would we want to deny the Amer- tures the right to vote on this issue? which said States like my own and ican people the right through their rep- What harm is there in letting the peo- those other 45 States, to the extent resentatives to adopt this amendment? ple speak? I suspect the real concern of that we define marriage as being be- I do not know, and I do not think we many is that if this amendment were tween a man and a woman, our State should. I think we should support the to get to the States, it would pass. law, respective State laws, cannot be amendment. Those who openly or surreptitiously violated by the actions of some other How should the people properly re- favor same-sex marriage surely would State. spond to this real or perceived abuse not want the Marriage Protection I will give an example. If we have a and, in particular, to this very real Amendment to go to the States. same-sex couple in Delaware who de- threat to traditional marriage? And, there is nothing unusual about cide to go to another country or an- The proper answer is for the people constitutional amendments that ad- other place where same-sex marriages to ask their elected representatives to dress specific problems. are allowed, and then that same-sex pass a constitutional amendment to fix We have passed amendments that are couple comes back to Delaware and the problem, or the potential problem. quite specific as well as broad. claims they are married, they are not It is the right way, the lawful way, The 27th amendment, ratified May 27, married in my State. It is not a mar- for the people and the Congress to re- 1992, provides that Congress can’t raise riage that we recognize. In fact, for the spond. the pay of members of the House or over 200 years that we have been Amazingly, it has been suggested by Senate until the next election in the around as a country, States such as those who oppose the right of the peo- House. Delaware or California or Georgia or ple to have their voice heard on this The 26th amendment, ratified July 1, Alabama or Kansas have set the rules matter, that the Marriage Protection 1971, provides that eighteen-year-olds for marriage. We don’t say to the Fed- Act violates the Constitution. How must be allowed to vote. eral Government: You determine who silly is that? The Marriage Protection The 25th amendment, ratified Feb- can get married, at what age people Act would become a part of the Con- ruary 10, 1967, provides for presidential can get married, or what kind of wait- stitution. How could it violate the Con- succession. ing period there has to be, or can first stitution? The 24th amendment, ratified Janu- cousins marry or second cousins; we More importantly, the court rulings ary 23, 1964, abolished the poll tax. don’t say what the rules of the road are that have created this crisis are them- To my mind, the Marriage Protection with respect to divorce, with respect to selves, in my view and the view of Act is a wonderful way to allow the alimony, with respect to child support. many, contrary to the Constitution. American people to have their voices For over 200 years we have left those Regardless of whether such rulings are heard on a matter that is very impor- issues to the States. sound, the people have a right to have tant to them and our Nation. Today we have said very clearly in their voice heard on the matter of mar- The courts have gotten it wrong. my own State, marriage is between a riage. Wrong as a matter of law and wrong as man and a woman, a view that is re- Some here argue that we should not to policy. They are not higher beings. flected in almost all of the other States have an amendment that decides the They make mistakes and they need to in this country. question here in the Senate but should be held to account so that good law and If we get to the point where our abil- allow the States to do it. But, that is good policy are restored. A narrowly ity to maintain that position in my the problem. drafted constitutional amendment that State or in the other 45 States that The States, and the people, are hav- deals with this one, single issue, is the have adopted similar laws, where those ing their decisions overturned by proper way to give legitimate voice to laws are threatened or basically ren- courts. On May 16, a Georgia judge our citizens. dered ineffective, then I think the idea struck down that State’s law that pro- The traditional understanding and of visiting a constitutional amendment hibits same-sex marriage. At least nine law of marriage are being overturned. is something we may want to do. But I

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5482 CONGRESSIONAL RECORD — SENATE June 6, 2006 don’t know that it is needed. I am not Our dependence on foreign oil con- down unwed mothers and teen preg- convinced that it is needed for us to tinues to grow, not abate. The cost of nancies. We ought to do a heck of a lot amend the Constitution to do some- health care is killing us in terms of our more in childhood education to reduce thing that I believe we already have ability to compete. As a nation, we the likelihood that young women will done by changing our own State laws, spend more money—companies such as bring children into the world and that and those State laws are protected by a General Motors—on health care than is young guys are going to impregnate Federal law. spent on all capital investments them. We need to do a whole lot more We have not amended the Constitu- around the world. We have people who in that regard. That is the kind of tion a whole lot of times. We have are sick and dying from asbestos poi- agenda that we need to be working on amended the Constitution 17 times; soning, and they are not getting and and looking to across the aisle. since 1791, 17 times. I am 59 years old. their families are not getting the That having been said, I have used We have amended the Constitution just money they deserve. Meanwhile, other my time. I will close with this: In my six times in my own lifetime. We have folks who have been exposed to asbes- view, marriage is between a man and a amended the Constitution for good and tos but don’t have asbestosis and have woman. In Delaware’s view, marriage valid reasons. We have amended the never had it, will never have it, they is something that is between a man Constitution to protect our freedom of get money. We live on a planet where and a woman. We passed a law that speech, to protect our ability to wor- the air is becoming warmer, and we are says that. We are not the only State ship God as we see fit. We have amend- threatened by more hurricanes, tough- that did that. Forty-five other States ed the Constitution to ensure that we er and stronger hurricanes and ty- did the same thing. We have a Federal have the right to bear arms, to ensure phoons and cyclones as we have ever Government, this body, the House of the right of a trial by a jury of our seen in recent years. Representatives, and the former Presi- peers. Other constitutional amend- We have a Tax Code where literally, dent who signed a Federal law that ments have been to protect us from un- last year, $290 billion was owed in said what we have done in Delaware lawful searches of our homes and have taxes. We know who owes it, and we and 45 other States is good and is not guaranteed our rights to assemble in know how much they owe, but it going to be overridden. It is not going Washington and in Dover and across wasn’t collected. Federal agencies to be just pushed aside. Until that hap- this country to present our grievances made over $50 billion of improper pay- pens, I am convinced that the proper to those who serve us. Constitutional ments last year, most of those overpay- thing for us to do is to uphold mar- amendments have abolished slavery. ments. We have government-sponsored riage, to honor marriage, and to con- They have provided women the right to enterprises such as Fannie Mae and tinue to work as we have in our States vote. They have provided 18-year-old Freddie Mac that don’t have the kind young men and women with the right to pass good State laws affecting mar- of regulation they need. We have data riage, affecting the raising of our chil- to vote, and they have limited our breaches where the Veterans’ Adminis- Presidents to serving only two terms. dren, but not necessarily to ask the tration is literally turning over to un- Federal Government to do that because They decided through a constitutional scrupulous people data for 25 million, amendment that if we don’t have a until I am convinced and until most of 26 million of our veterans. We have a us are convinced that, frankly, we need Vice President for some reason, how passenger rail system in this country one would be selected. All of those are Federal intervention, then I think let’s which is, compared to the rest of the stick with what has worked for us for important, and some would say urgent, world, just sad, and we aren’t doing pressing needs that have been ad- over 200 years, and that is allowing the anything about it. We have legislation dressed and have been put into our States to do this. that passed 93 to 6 last year to reau- Constitution. I yield the floor. I am not convinced given the actions thorize and improve passenger rail The PRESIDING OFFICER. The Sen- of my own State and 45 other States, service and nothing has happened to it. ator from California. the actions of the Congress and former Nothing has happened to it. We have a Mrs. BOXER. Mr. President, I ask President Clinton signing the Defense postal system that literally is a relic of unanimous consent to be allowed to ad- of Marriage Act, that we need to en- the 1970s trying to operate in the 21st dress the Senate until 7 p.m. tonight. shrine in the Constitution today what century. We have plenty to do. We have The PRESIDING OFFICER. The Sen- we have already enshrined in State 45 legislative days ahead of us to do all ator has that right. laws and Federal laws with respect to of that, and we are spending 3 of those Mrs. BOXER. Mr. President, before the fact that marriage is between a legislative days on this. he leaves the floor, I wanted to say to man and a woman. I know there is a need that some Re- my colleague from Delaware that he I do know what some would say: that publicans feel to bring up this issue painted a very strong case of what we this is election year politics. We do again, and I respect the fact that you ought to be doing on the Senate floor. this every 2 years, and it happens sort are in the majority; it is your right. I Without reading a note, he ticked off a of coincidentally like 5 months, 4 understand later this month we will list of six or seven things or eight months before an election, and it is deal with some other contentious things that we really need to take care through the efforts of one party or the issues. I have had the opportunity to of, and I just wanted to thank him very other to try to energize their base. meet with the Republican leadership. much. I don’t know if that is part of this. I Some of us have had the opportunity to I rise today to oppose the proposed do know this: There are plenty of other meet with the Republican leaders. We constitutional amendment on mar- important issues that we need to be ad- are self-described centrists. I call us riage. I oppose it. I think it is divisive. dressing. the flaming moderates. But we have I think it is unnecessary. I want to lay We have a war in Iraq where the sort of reached out to the Republican out the reasons. going is tough. We are losing people, leadership to say there is a whole list First of all, the proposed amendment including some young men from my of things that we need to focus on: def- is nothing more than a cynical election own State just last month, and we are icit reduction, budget deficit reduc- year ploy. I truly believe that, and I suffering tragic and sad losses of life. tion, trade deficit reduction, energy think if anyone has followed this We have a situation in Afghanistan independence, you name it. There is a every-couple-of-year debate, they know which is not going as well as some of us whole long list of what we ought to be it is true. It pops up like clockwork would like and had hoped for. We are a doing, and we should be focusing on around election time. nation today where almost 60 percent that agenda, not just on this. Second, the definition of marriage, as of our energy depends on foreign That is not to say marriage isn’t im- has been stated by Senator CARPER sources, a lot of it controlled by people portant; it is hugely important. It is from Delaware, who was the Governor who don’t like us very much. And we the basic building block of our society. of that State, has been determined by aren’t convinced that when we take We know families are in trouble and the States, and indeed the States are our money to fill up our tanks with gas hurting in a lot of ways. One of the acting in many ways to decide whether that they will not use our money to things I would like to see us do and put they want to legalize gay marriage or hurt us. a lot more emphasis on is ratcheting legalize domestic partnerships or civil

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5483 unions or outlaw all of these things. So oh no, we are not talking about that. ica’s families pay for college, despite States are making their decisions, and We are talking about an issue that is the fact that tuition is becoming they should be respected. being handled by the States. hugely expensive and more expensive On a personal note, let me say that I I don’t understand why this adminis- each and every year. As a matter of have been married for 44 years to the tration will not talk about these fact, President Bush just signed a tax same person. I have to say as someone issues. Why won’t they talk about the law that makes college loans more ex- married for that length of time, the fact that we have lost our focus in Af- pensive. But, oh no, we can’t talk fact that two gay people decide they ghanistan, despite the fact that a re- about that. We are going to talk about want to take care of each other for the surgent Taliban has vowed to step up a divisive amendment on a subject that rest of their lives and care about each attacks during coming months and we is being handled by the States. other for the rest of their lives, that are seeing such a resurgence of the Why don’t they want to talk about doesn’t threaten my marriage one bit. Taliban there. Why aren’t we dis- our fiscal situation? Why don’t they? It doesn’t threaten me. It doesn’t make cussing that instead of a cynical and They don’t want to say that as a result me worry about my marriage. My mar- divisive and unnecessary constitu- of their policies, the policies of this ad- riage is too strong for that. The fact is, tional amendment about something ministration and my Republican if someone feels their marriage is that is being taken care of by the friends, we now have seen the surpluses threatened because two gay people care States? that were left to them, to their stew- about each other, then their problems What do President Bush and the Re- ardship, turn into deficits as far as the go way deeper than they are caring to publican leadership say about our secu- eye could see. They are projected to hit admit. rity here at home? What they don’t well over $300 billion, and the public Throughout our Nation’s history, we want to say is that nearly 5 years after debt stands at an eye-popping $8.4 tril- have only amended the Constitution to 9/11 they still have not adopted the rec- lion. When they got the reins of Gov- extend rights and equality, and that is ommendations of the 9/11 Commission. ernment there were going to be sur- an important point. So I think we have Shouldn’t we be discussing ways to se- pluses as far as the eye can see. Now established in this debate that the cure our ports and our rails, and ways there are deficits as far as the eye can States are taking care of this issue, to track foreign visitors in the U.S., in- see. and they are coming out in all different stead of this cynical, divisive and un- They don’t want to say that it is this places. That is the way it ought to be. necessary constitutional amendment administration’s failed policies that So here we are, June 2006, with only on a subject that is being handled by will leave our children and grand- a few precious months left on the Sen- the Governors and by the States? children with a bill for the tax cuts to ate calendar, and we are facing some Why do President Bush and the Re- the wealthiest people, tax cuts that we very serious issues at a critical time in publican leadership say nothing about can’t afford. our history. It is our duty to respond to gas prices? Why are they doing nothing How do they really respond to the the American people and their needs. I about gas prices? Maybe it is because concerns and the anxieties of the truly believe that this President and they don’t want to say that they don’t American people, anxieties and con- the Republican leadership are ignoring have any solutions—like raising fuel cerns that we see in poll after poll? the needs of the American people, and economy standards in a meaningful This is not Democratic polls or Repub- that is why we see the lowest ratings way or strongly promoting the use of lican polls, these are everybody’s polls. ever—I think ever—for this particular hybrid cars or flex-fuel vehicles so we People are worried. They say we are on Congress and very low ratings for the use less gasoline. This President to- the wrong track. President. morrow could issue an Executive order But this is what this administration For example, what do President Bush that says all the cars that are bought says, and this Congress, they say: and the Republican leadership say to by Federal taxpayers for the Federal Sorry, America, please hold. Please the families of our soldiers in Iraq and fleet have to be the most fuel efficient hold, America, while the Senate takes Afghanistan who want to know when cars available. They are not doing that. time to consider a constitutional their loved ones will be coming home? They would rather talk about this amendment that has nothing to do Why aren’t we talking about that in- amendment, which is about a subject with the most serious issues you face stead of an issue that is being handled that is being handled by the States. today. Why? Because they need to by the States? Maybe they don’t an- What does the President and what do score political points. Please hold, swer that question because they don’t the Republicans and the leadership say America, because, although we have want to say that the war in Iraq has to the millions of Americans who need been elected to serve you and unite killed and wounded over 20,000 Amer- access to affordable health care? They you, we would rather divide you for our ican soldiers, and there is no end in don’t want to talk about that. They own partisan interests. sight to the war. want to talk about this divisive amend- If I were a conservative I would be in- That brings up an issue that I care a ment. Maybe it is because they have no sulted today, insulted by the fact that lot about, which is the state of our clue of what to do, even though health I am being used as a political pawn by military men and women. If you want care costs continue to be a tremendous this President and the Republican lead- to talk about their marriages for a burden on our small businesses and our ership. I would be insulted. minute, why don’t we do that? Divorces individuals and our families, and the The issue of marriage has been deter- are up, way up, among families who are prescription drug benefit is rife with mined by the States. For those people deployed to these war zones. Families problems. who worried about it, there was DOMA, are suffering. The divorce rate between Tomorrow we could vote to give the Defense of Marriage Act. I believed 2000 and 2004 nearly doubled in the Medicare the power and the authority at the time that wasn’t even necessary Army, and it did not double in the to negotiate for lower drug prices, because I believe the States have the Army because two people who happen which would save that program mil- right to make decisions about mar- to be of the same sex care about each lions, and we would be able to make riage. But it passed and it has been other and want to take care of each the program stronger and not put a upheld. So what is the problem? There other for the rest of their lives. That is halt to the benefits, which is called a is not a problem. not why military marriages are failing. doughnut hole, just when the sickest From the party that says let the They are under stress, impossible patients need more. Oh, no, they would States decide, suddenly the States do stress, the hard-to-imagine stress of rather talk about an amendment on a not know as much as these Senators being deployed again and again and divisive subject that is being handled here. They know everything, and they again, going out on a battlefield with by the States. are going to amend the Constitution on antidepressants being handed out to Why don’t they talk about the fact something that the States are han- them. That is why they are suffering. that our families are struggling to pay dling. That is why we see their marriages for college tuition for their children? This, in many ways, is a telling mo- breaking up and their children crying They don’t want to talk about that be- ment for this Senate. With all the themselves to sleep every night. But, cause they have failed to help Amer- issues I have laid out and the issues

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5484 CONGRESSIONAL RECORD — SENATE June 6, 2006 that Senator CARPER has laid out, with manufactured political issues smith, the U.S. Postmaster for West there is no planning for these issues. which, again, pop up every election Union, and the owner of a highly pop- So this Senate is being used as part of year. That sends false hopes out to ular inn and restaurant, appropriately a political campaign. I resent that, some Americans who really want this referred to as the ‘‘Bee-Hive.’’ At the when we have men and women dying constitutional amendment. They are age of 60, Mr. Bee served as captain of every single day in Iraq, newspaper re- being used. It also sends out fear and the Doddridge militia which protected porters being blown up. But we have to sadness to so many other Americans. the area from Confederate forces, talk about a subject that is being han- We can do better. We must do better thieves, and outlaws. dled by the States. for all Americans. In 1863, Mr. Bee was elected to the As I said before, we have never I yield the floor. West Virginia State Legislature, de- amended our Constitution to take f feating Joseph H. Diss Debar, the per- away rights. We don’t do that in Amer- son who later designed the State seal ica. We are too strong for that. We are MORNING BUSINESS of West Virginia, which is still in use too good for that. We are a model of Mr. MCCONNELL. Mr. President, I today, without change. freedom because of that. But that is ask unanimous consent that the mo- Another contest that Mr. Bee won precisely what is being proposed here, tion to proceed to the marriage amend- was being named the Ugliest Man in an amendment that is unnecessary be- ment be temporarily withdrawn and the State of West Virginia. For that cause the States are handling this and that the Senate resume that motion victory, he was awarded a beautiful all this does is divide us instead of immediately upon convening tomorrow pocket knife, a proud possession which uniting us. morning. he was forced to relinquish a few years Look at some of the great examples The PRESIDING OFFICER. Without later when the State found a man of our constitutional amendments. objection, it is so ordered. whom it deemed to be even uglier. The Bill of Rights—the first ten In 1845, Mr. Bee originated the An- f amendments—guarantee important lib- cient and Honorable Order of E. erties to Americans, from freedom of WEST UNION, WV: STILL MAKING Clampus Vitus, ECV, of which he be- speech to freedom from unwarranted HISTORY came Grand Lama. ECV was originally search and seizure to freedom of reli- Mr. BYRD. Mr. President, among the formed as a secret order for playing gion. And the 10th amendment reserves beautiful, rolling-green hills of north- practical jokes, but as it spread across for the States all powers not specifi- ern West Virginia is a little town with the country, it took on different pur- cally given to the Federal Government. a big history. I am speaking of the poses and missions. Today, ECV has be- The 13th, 14th and 15th amendments town of West Union, the county seat of come an important historic preserva- corrected the horrific injustices of Doddridge County. tion society, with more than 100,000 slavery by giving African-Americans Once a center for railroading and members. the right to vote and equal protection other forms of transportation, as well Mr. Bee also operated an important under the law. as oil drilling, coal mining, and and station on the underground railroad. The 19th amendment gave women the other forms of businesses and manufac- He hid his guests in a nearby cave until right to vote, and the 26th amendment turing, West Union was an important it was filled, then, it appears, he used gave 18-year-olds the right to vote. and thriving commercial center in the ECV to create a diversion so that the This short but impressive list of late nineteenth century. Unfortu- escaped slaves could be sent on their amendments demonstrates that our nately, like too many small towns in way to freedom. Constitution is meant to expand, not West Virginia and across the country, What became the town of West Union restrict, freedom and equality. was originally settled in 1807. It was in- West Union has fallen into some hard I want to say to my colleagues that corporated on July 20, 1881, which times. there is something about this debate means the town of West Union will be Nevertheless, West Union retains its that has bothered me. As I have lis- celebrating its 125th anniversary this rich and colorful history. Indeed, the tened to some of my colleagues com- summer. The town will be using this entire downtown district of West Union ment in support of this proposed milestone anniversary in an effort to has been placed on the National Reg- amendment—which is their total right promote and celebrate the town’s his- ister of Historic Places. The downtown to support—I have been troubled by the tory and as a jump start toward the section contains buildings that feature suggestion that gay Americans are re- economic revitalization of the town. a wealth of architectural styles, with sponsible for a host of problems in our The festivities are planned for July 22, four of them having been listed on the society, from children born out of wed- and they promise to be a time of fun, lock to poverty to divorce. These com- National Register. These historic entertainment, and education as the ments are wrong. These comments are buildings include the Doddridge County town wants to share its unique and wrong. It is wrong to find scapegoats in Court House with its Romanesque ar- colorful history with the world. our great country. Gays and lesbians, chitecture, and the Silas Smith Opera The town of West Union has adopted they are God’s children too. They wake House which was built at the turn of as a slogan, ‘‘We love our history— up every morning, they try to do the the last century and now serves as the that’s why we’re still making it!’’ With best to live their lives, the best for the county library. its history—and its energetic, creative people they love. And they live their For a small town in the hills of West residents, I am confident that the town lives one day at a time. Virginia, the town of West Union has of West Union will be making history We can solve problems such as unin- been the home of a number of promi- for a long time into the future. tended pregnancies, poverty, divorce, nent American citizens. General Bantz I wish them the best on their 125th and adoption without stooping to Craddock, who rose to be the Com- anniversary. scapegoat and hurt so many people. mander of U.S. Southern Command and f If we want to strengthen families, is responsible for military operations let’s strengthen families. Let’s help in the Caribbean, Central America, and HONORING RETIRING JOURNALIST families with their college tuition. South America, was raised in West DICK KAY Let’s help families with their child Union. Mr. DURBIN. Mr. President, I rise care. Let’s help them by raising the For many years, West Union was the today to honor Dick Kay, a man of minimum wage. Let’s clean up Super- home to Clyde Ware, a novelist who great journalistic integrity. Many fund sites that are near schools. Let’s has been actively involved in television things have changed in the past 40 help the 44 million Americans who need and film production. In fact, Mr. Ware years, but from Martin Luther King, health insurance. Let’s help those who wrote and directed many episodes of Jr., to Adlai Stevenson, from Iraq to are reaching retirement age, who are what was one of my favorite television the Daleys, from Watergate to the 1985 so frightened because the promise of series, ‘‘Gunsmoke.’’ Bears, there has been one voice the golden years is not there. The town’s most famous historic Chicagoans have consistently trusted Let’s reach out to each other and do resident was the legendary Ephriam for an objective and thoughtful per- that instead of being forced to deal Bee. Mr. Bee was a pioneer, a black- spective. Dick Kay has established

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5485 himself as an institution in our tele- W. RALPH BASHAM, the Sudanese Government and one of vision news. Over his 46-year career in COMMISSIONER OF CUSTOMS the rebel groups, but violence, hunger the TV business, Dick has proven him- Mr. GRASSLEY. Mr. President, and disease continue to claim innocent self to be a professional newsman—a today President George W. Bush wit- lives. Jan Egeland, United Nations Under- reporter with no motive other than to nessed the swearing-in of W. Ralph Secretary General for Humanitarian give his viewers an insight on the news. Basham to serve as Commissioner of Dick’s distinguished career began Affairs, recently described the humani- Customs in the Department of Home- modestly. A high school dropout at the tarian situation in Darfur as being on land Security. Mr. Basham’s nomina- age of 14, he worked to support himself. the verge of collapse. tion was favorably reported out of the He once said, ‘‘the experience of those In the midst of this calamity, the Finance Committee on May 18, 2006, years taught me the most valuable les- Senate is focused on other matters. and he was confirmed by the Senate on sons of my life: that I would never Gay marriage. Next it will be flag May 26, 2006. achieve any real success without an burning. And then full repeal of the es- The President nominated an out- education.’’ He enlisted in the U.S. tate tax, to benefit the wealthiest of standing individual to be Commis- Navy at the age of 17, earning a GED. the wealthy. Solutions in search of a sioner of Customs. Ralph Basham has certificate. After his discharge, Dick problem, while whole villages burn, served as Director of the Secret Serv- realized his dream of an education by their inhabitants are slaughtered, and ice and is a 29-year veteran of the Se- graduating from Bradley University in relief organizations in Darfur struggle cret Service. He has also served as Peoria through the GI bill, receiving a to cope without adequate resources. chief of staff for the Transportation Se- B.S. in speech education in 1962. Between a quarter of a million and Dick remained in Peoria to work on curity Administration and as director half a million people have perished in TV and radio programs before getting of the Law Enforcement Training Cen- Darfur—mostly civilians whose vil- his big break as the news director of ter in Glynco, GA. His demonstrated lages have been reduced to ashes. WFRV-TV in Green Bay, WI. After 3 commitment to public service is admi- Many, who escaped being shot or years in the ‘‘Dairy State,’’ he relo- rable. And the breadth of his experi- hacked to death, have died from hunger cated to Chicago in 1968 as a producer ences will be an important asset as he and disease. and writer for WMAQ-NBC 5. He was assumes his new responsibilities. The Sudanese Government has ob- tested immediately, as one of his first The Commissioner of Customs serves structed the deployment of a U.N. assignments was the tumultuous 1968 in a critical and demanding role. The peacekeeping force in Darfur. The Afri- Democratic National Convention in Commissioner of Customs must ensure can Union has done its best, but with Chicago. Within 2 years, Dick had that the dual demands of securing our only 7,000 troops, inadequate resources, worked his way up to full-time reporter borders and facilitating the smooth and a weak mandate to patrol a vast and eventually political editor. He be- flow of international trade are each area with few roads, it has been unable came host of the weekly news show fully met. As part of his confirmation to provide civilians with the protection ‘‘City Desk.’’ This Sunday morning process Mr. Basham appeared before they need. I am so very proud that two high broadcast became a Chicagoland sta- the Finance Committee, which I chair. school students in Vermont are setting ple—a ‘‘must-see’’ for everyone fol- During his hearing, I was impressed a moral example for all Americans. lowing the political scene. Dick’s ques- with Mr. Basham’s appreciation of the Ben Rome and Brian Banks, seniors at tions were often tough but always fair. importance of maintaining an appropriate balance in meeting those dual Essex High School, outraged over the Political guests knew that a visit to tragedy that is unfolding half a world ‘‘City Desk’’ would always be memo- demands. More broadly, the Commissioner of away, felt compelled to do something rable. about it. They have organized a public Dick’s achievements include a long Customs heads a bureau of over 40,000 rally in Burlington, VT, for this com- list of honors and awards. His 1984 9- employees. Those Government employing Sunday to bring Vermonters to- month investigation of the Illinois ees are on the front line for enforcing gether to speak out about one of the General Assembly’s so-called Legisla- laws related to over 40 agencies. At the worst human disasters in recent mem- tive Study Commissions earned him same time, they process $1.7 trillion worth of imports and collect about $28 ory. I look forward to joining Ben and the George Foster Peabody medallion, Brian and other concerned Vermonters the most prestigious honor in tele- dollars in duties and fees. This trade is critical to our economy. For example, this weekend. vision broadcasting. The report also The supplemental appropriations bill won him a National Headliner Award the 10-day strike at the port of Long Beach a few years ago is estimated to for Iraq, Afghanistan, Hurricane and the Jacob Scher Award for inves- Katrina recovery, and Sudan, which tigative reporting. Dick’s numerous ac- have cost our economy between $1 billion to $2 billion each day. That illus- should be completed this week—and I colades include 11 Emmys; induction hope we can find the time to pass it— into the Television Academy’s Silver trates why maintaining an appropriate balance between trade security and contains additional funds to support Circle Hall of Fame; Commentator of the current level of peacekeepers in the Year from the Joint Civic Com- trade facilitation is so important. As chairman of the Committee on Fi- Darfur through the remainder of this mittee of Italian-Americans; as well as year. This will help, but twice that nance, with jurisdiction over customs multiple awards courtesy of the Associ- amount is needed. and international trade, I look forward ated Press, the Chicago Headline Club, The supplemental also provides addi- and the Society of Professional Jour- to working with Mr. Basham to ad- tional funds for food and other humani- nalists. Perhaps one of Dick’s proudest vance a robust customs and trade agen- tarian aid. It should shame the White moments was being honored as a Brad- da now that he’s taken over as Com- House and the Congress to reflect on ley University Distinguished Alumnus. missioner of Customs. the fact that we know we are not doing He has surely come a long way since f enough. shining shoes at the age of 14 in Evans- We also provide funds to support a ville, IN. DARFUR Presidential special envoy for Sudan, Mr. President, after nearly a half Mr. LEAHY. Mr. President, while the to work in pursuit of peace in Darfur century of reporting the news, Dick Senate, with the encouragement of a and stability throughout Sudan, north- says that he is ready to ‘‘smell the White House in full campaign mode, ern Uganda, and Chad. We need some- roses,’’ and he has certainly earned it. debates a constitutional amendment to one of the caliber of Senator Danforth Dick Kay has played an important role ban gay marriage—a debate which will to be working continuously to help in reporting the exciting news stories consume days of the Senate’s time and solve the Darfur crisis. of our time and has left his mark on is all about scoring political points in A tragedy like this is bigger than any the ‘‘Land of Lincoln.’’ I wish a restful an election year—the disaster in of us as individuals, but it is not too and happy retirement to Dick Kay, one Darfur rages on. big if we join together in constructive of Illinois’ and Chicago’s premier news- It has been nearly 4 weeks since a action—as individuals, as private relief men. peace agreement was signed between organizations, and as nations.

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5486 CONGRESSIONAL RECORD — SENATE June 6, 2006 America is a great and good nation The fastest, most direct way to re- ment. While much ground has been with the power to help stop this. But it duce hunger in the Nation is to im- gained over the last quarter of a cen- will take sustained attention, and it prove and expand current Federal nu- tury, there remains a great deal of will take the efforts of committed citi- trition programs. Sadly, the current work to be done. That is why I stand zens like Brian Banks and Ben Rome administration proposes to change today to pledge a sustained commit- who, one by one, are opening the proven and effective programs such as ment to the global fight against HIV/ world’s eyes to a tragedy that must be food stamps and the Special Supple- AIDS—a fight that we cannot abandon stopped. mental Nutrition Program for Women, until and effective cure is discovered. f Infants, and Children. The administra- Twenty-five years ago, Dr. Michael tion also proposes to eliminate the Gottlieb with the UCLA Hospital re- NATIONAL HUNGER AWARENESS Commodity Supplemental Food Pro- ported an extremely rare pneumonia in DAY gram, which provides modest food five young gay men to the Centers for Mr. KENNEDY. Mr. President, today packages to low-income seniors and to Disease Control and Prevention, CDC. is National Hunger Awareness Day, and mothers with children up to age 6. One of these men, named ‘‘Chuck,’’ was it is an opportunity for all of us to It is time to do more for the most from Oregon. Unbeknownst to Dr. pledge a greater effort to deal more ef- vulnerable in our society. National Gottlieb, this seemingly insignificant fectively with this festering problem Hunger Awareness Day is our chance to incident ultimately evolved into one of that shames our Nation and has be- pledge to eradicate hunger in Amer- the most significant health events of come even more serious in recent ica—and to mean it when we say it. the modern era. It was 3 years later years. Surely we can all do more to that the cause of this mysterious out- care for neighbors and fellow citizens f break of pneumonia was attributed to who fall on hard times. HOLD ON S. 2012 the Human Immunodeficiency Virus, The number of Americans living in Mr. WYDEN. Mr. President, up and HIV. Sadly, for ‘‘Chuck’’ this discovery hunger or on the brink of hunger now down the coast of Oregon, fishermen, was made too late; he passed away totals 38 million—5 million more than their families and communities are suf- shortly after he fell ill. when President Bush took office. That fering from the actions of the Sec- Since 1981, an estimated 25 million total includes almost 14 million chil- retary of Commerce in curtailing the individuals have died from the AIDS dren, 972,000 more since 2000. Klamath salmon fishery without offer- virus worldwide. What is even more alarming is that 16,000 new cases of America’s Second Harvest, the na- ing the assistance they need to cope HIV are diagnosed every day, quickly tion’s largest network of emergency with this disaster. Months ago the Pa- food providers, recently conducted a se- adding to the 40 million people who cific Fishery Management Council rec- ries of interviews with its clients, and have already contracted the virus. Sta- ommended to the Secretary of Com- the report is astounding. Its emergency tistics such as these are disheartening merce that this salmon fishery be dras- food providers serve 4.5 million dif- given the scientific and medical tically curtailed. The Secretary re- ferent people a week—and 24 to 27 mil- progress we have made since the first sponded to the Council’s recommenda- lion people a year. cases of the illness were reported. Over 36 percent of its clients are chil- tion by slashing the quotas and lim- In the United States, an estimated dren under 18 years old, and 10 percent iting the number of days and areas 1.039 million to 1.185 million people are elderly. Another 36 percent of its that could be fished. But despite nu- were living with HIV at the end of 2003, clients live in households with at least merous pleas for help from the affected a 20-percent increase over the esti- one employed adult. communities, the Secretary has done mated number of cases at the end of These statistics are shameful. Our nothing for months and months to help 2002. While the number of persons with Nation’s neediest individuals should out the fishers whose livelihood de- HIV in Oregon is small relative to not be forced to choose between paying pends on the Klamath salmon stocks. other States, we nevertheless saw an for food and paying the rent or paying The Secretary’s continued inaction is 85-percent increase in the number of for medicine. not acceptable, and so I am objecting HIV-reported cases between 2002 and In Massachusetts, the Greater Boston to any unanimous consent request for 2003. Not since the height of the AIDS Food Bank serves over 320,000 people a the Senate to proceed to or adopt S. epidemic in the 1980s has there been so year—34 percent of them are under 18. 2012, the Magnuson-Stevens Fishery many Americans living with this ter- All of us in the Commonwealth are Conservation and Management Reau- rible illness. grateful that we have food providers thorization Act of 2005 until the Senate Congress has a great opportunity to like the Greater Boston Food Bank, can consider legislative steps that will further the domestic fight against HIV/ but they should not have to wage the help fishermen in Oregon and Cali- AIDS this year. Reauthorization of the battle alone. Government can’t stand fornia survive this disastrous fishing Ryan White CARE Act currently is un- idle in the face of this great tragedy. season. I make this objection con- derway, and I am confident that the We have programs in place to fight sistent with my policy of always an- House and the Senate can pass a bill by hunger, but they continue to be under- nouncing ‘‘holds’’ I may place on legis- the end of this Congress that improves funded and underused. lation or nominations. the scope and quality of services pro- Day in and day out, the needs of mil- The State of Oregon is seeking a vided to those living with HIV/AIDS. lions of Americans living in hunger are Presidential emergency declaration for As deliberations continue, it is impor- ignored, and too often their voices have those affected by this Federal action, tant that we focus upon improving the been silenced. Their battle is a con- and I intend to work closely with the equitable distribution of resources to stant ongoing struggle. It undermines State and my colleagues here in the States, municipalities, and commu- their productivity, their earning Senate to make sure Oregon’s fishing nity-based organizations, and that we power, and their health. It keeps their communities are not forgotten and not arbitrarily restrict their ability to children from concentrating and learn- that they receive the aid they will re- provide the best care possible to those ing in school. We all need to do more to quire to make it through this year. who need it. Nonprofit groups such as combat it. Government, corporations, f Cascade AIDS in Portland, OR, rely communities, and citizens must work upon Ryan White CARE funds to offer TWENTY-FIFTH ANNIVERSARY OF together to develop better policies and a wide-range of both medical and social THE FIRST REPORTED AIDS CASE faster responses. support services, like emergency hous- In 1996, the Clinton administration Mr. SMITH. Mr. President, I rise to ing and nutritional assistance. We pledged to begin an effort to cut hun- recognize a bittersweet occasion: the must ensure that the changes we make ger in half in the United States by 2010, 25th anniversary of the first reported to the CARE Act strengthen—not and the strong economy enabled us to AIDS case. June 5 will forever be a day harm—the ability of organizations like make significant progress toward that to reflect upon the lives that have been Cascade AIDS to serve those living goal. Hunger decreased steadily impacted by the HIV/AIDS virus and with HIV/AIDS. through 2000. We now have 4 years left the significant progress we have made As we move forward with the annual to fulfill that commitment. in its detection, control, and treat- appropriations process, it is important

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5487 that we provide a much needed in- John C. Hunter. It was also home to and in wishing them well through the crease in funding to all Ryan White David H. Houston, the inventor of the next century. By honoring Binford and CARE Act programs, but especially the roll-type film process later to be all the other historic small towns of AIDS Drug Assistance Program, ADAP. named Kodak. David subsequently sold North Dakota, we keep the great pio- A key component to the defense the rights to this process to George neering frontier spirit alive for future against HIV/AIDS is access to cutting- Eastman from New York. generations. It is places such as edge pharmaceutical treatments. These The Hunter community prides itself Binford that have helped to shape this lifesaving medications are often so ex- on civic involvement. There are numer- country into what it is today, which is pensive that they remain out of reach ous clubs to join and activities to par- why this fine community is deserving to low-income and uninsured individ- take in. The American Legion Auxil- of our recognition. uals. ADAP bridges that gap and pro- iary and the Albert Wallner Legion Binford has a proud past and a bright vides antiretroviral drugs and impor- Post #44 are just two examples of the future.∑ tant medical care to over 150,000 people many active community clubs in Hun- f each year. Unfortunately, ADAP’s his- ter. 125TH ANNIVERSARY OF torical underfunding has accumulated The community has planned a won- ENGLEVALE, NORTH DAKOTA to a point where almost $200 million is derful weekend celebration to com- needed to meet outstanding need in the memorate its 125th anniversary. The ∑ Mr. CONRAD. Mr. President, I rise program. Congress must commit the celebration includes the dedication of today to recognize a community in necessary resources to meet the entire the Veterans Memorial, a community North Dakota that will be celebrating demand for ADAP’s services. We can- parade, an all school reception, a kid’s its 125th anniversary. On June 23, the not afford to lose the ground we have carnival, a dance, local entertainment, residents of Englevale will gather to gained in the fight against HIV/AIDS and much more. celebrate their community’s history by restricting access to critical phar- Mr. President, I ask the Senate to and founding. maceutical treatments. join me in congratulating Hunter, ND, The town of Englevale was founded in As successful as ADAP has been at and its residents on their first 125 years 1881 as Marshall, ND, but changed its keeping individuals healthy and pro- and in wishing them well through the name to Englevale in 1883. The town ductive, critical gaps in our approach next century. By honoring Hunter and was named for Mathias Engle, an avid to HIV treatment and prevention re- all the other historic small towns of promoter of the township from New main. For example, HIV positive indi- North Dakota, we keep the great pio- York. Although the town was hit by viduals have access to treatment under neering frontier spirit alive for future major fires in the 1930s, Englevale has Medicaid only after they have devel- generations. It is places such as Hunter remained a wonderful community. oped full-blown AIDS. To remedy this that have helped to shape this country Englevale is a small but vibrant oversight, I introduced the Early into what it is today, which is why this town. Most of the farmers in the area Treatment for HIV Act, ETHA, S. 311, fine community is deserving of our rec- grow corn, dry beans and wheat. The along with Senator HILLARY CLINTON. ognition. Good Shepard Lutheran Church has re- By providing access to HIV therapies Hunter has a proud past and a bright mained an important anchor in the and important medical care before future.∑ town for decades. such persons develop AIDS, ETHA f To celebrate their 125th anniversary, would reduce overall Medicaid costs the people of Englevale have planned a 100TH ANNIVERSARY OF BINFORD, number of events, including a tractor and, as important, improve the quality NORTH DAKOTA of life of those living with the virus. I pull, rodeo, parade, and an all-town ask my colleagues to consider this leg- ∑ Mr. CONRAD. Mr. President, I rise potluck. islation before the end of this session today to recognize a community in Mr. President, I ask the Senate to of Congress, so we can begin saving North Dakota that will be celebrating join me in congratulating Englevale, lives and dollars by increasing access its 100th anniversary. On June 16–18, ND, and its residents on their first 125 to more effective and efficient HIV/ the residents of Binford will gather to years and in wishing them well AIDS medical care. celebrate their community’s history through the next century. By honoring We have much to be proud of on the and founding. Englevale and all the other historic 25th anniversary of the first reported Binford is a vibrant community in small towns of North Dakota, we keep AIDS case. The virus responsible for eastern North Dakota. Settlers arrived the great pioneering frontier spirit the epidemic has been identified; ap- in this area around 1877 and a few years alive for future generations. It is places propriate treatments have been devel- later they named the area Blooming such as Englevale that have helped to oped as a result of innovate medical re- Prairie. Binford became the name of shape this country into what it is search; and governments and other or- the town after the Northern Pacific today, which is why this fine commu- ganizations across the globe have com- built a railroad station in the town and nity is deserving of our recognition. mitted significant resources to the con- named the station after Ray Binford, Englevale has a proud past and a tinued fight against the disease. I am an Iowa attorney who had great inter- bright future.∑ confident that in the near future we est in this area. f will be able to commemorate this day Today, the citizens of Binford have the following slogan for their town: 125TH ANNIVERSARY OF by celebrating the eradication of the CLIFFORD, NORTH DAKOTA pain and suffering that has been caused ‘‘The Biggest little town in North Da- ∑ by HIV/AIDS since its discovery. kota.’’ Binford is also located within Mr. CONRAD. Mr. President, I rise the Griggs-Steele Empowerment Zone. today to honor a community in North f This designation provides incentives Dakota that is celebrating its 125th an- ADDITIONAL STATEMENTS for existing businesses to expand and niversary. On June 17, the residents of other businesses to relocate to the Clifford, ND, will celebrate their com- area. munity’s history and founding. 125TH ANNIVERSARY OF HUNTER, Citizens of Binford have organized Clifford is a small town in the east- NORTH DAKOTA numerous activities to celebrate their ern part of North Dakota. Despite its ∑ Mr. CONRAD. Mr. President, I rise centennial. Some of the activities in- small size, Clifford holds an important today to recognize a community in clude class reunions, street dances, a place in North Dakota’s history. It North Dakota that will be celebrating carnival and parade, a mini-marathon, began in 1881 when the North Pacific its 125th anniversary. On June 17, the a memorabilia auction, all-faith serv- Railroad was built in Traill County. residents of Hunter will gather to cele- ices, a Bull-a-Rama, and a demolition Some say it was named for Clifford F. brate their community’s history and derby. Jacobs of Hillsboro, a promoter of the founding. Mr. President, I ask the Senate to townsite. Others say it was named for a Hunter has an interesting past that join me in congratulating Binford, ND, pioneer settler in the area. The post of- began with the founding of the city by and its residents on the first 100 years fice was established February 15, 1883,

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5488 CONGRESSIONAL RECORD — SENATE June 6, 2006 and George A. Swaren was the first EC–6971. A communication from the Prin- law, the report of a rule entitled ‘‘Remar- postmaster. cipal Deputy Associate Administrator, Office riage of a Surviving Spouse’’ (RIN2900–AM24) Today, Clifford remains a small but of Policy, Economics, and Innovation, Envi- received on May 31, 2006; to the Committee vibrant community. The town orga- ronmental Protection Agency, transmitting, on Veterans’ Affairs. pursuant to law, the report of a rule entitled EC–6980. A communication from the Ad- nizes a senior citizens league and a 4–H ‘‘Approval and Promulgation of Air Quality ministrator, Small Business Administration, club, and has a very profitable farmers’ Implementation Plans; Michigan’’ (FRL No. transmitting, pursuant to law, the Adminis- cooperative. The Traill Rural Water 8176–6) received on May 31, 2006; to the Com- tration’s Minority Small Business and Cap- Company, housed in Clifford, helps to mittee on Environment and Public Works. ital Ownership Development Report for Fis- provide water for irrigation for all of EC–6972. A communication from the Prin- cal Year 2005; to the Committee on Small Traill County. The community has cipal Deputy Associate Administrator, Office Business and Entrepreneurship. come together in recent years to fix up of Policy, Economics, and Innovation, Envi- EC–6981. A communication from the Prin- ronmental Protection Agency, transmitting, cipal Deputy Associate Administrator, Office the town spaces, making it a destina- pursuant to law, the report of a rule entitled of Policy, Economics, and Innovation, Envi- tion to be proud of. ‘‘Approval and Promulgation of Air Quality ronmental Protection Agency, transmitting, To celebrate its 125th anniversary, Implementation Plans; Minnesota; Alter- pursuant to law, the report of a rule entitled the town of Clifford is organizing a native Public Participation Process’’ (FRL ‘‘Zoxamide; Pesticide Tolerance’’ (FRL No. celebration, which will include a pa- No. 8178–6) received on May 31, 2006; to the 8060–5) received on May 31, 2006; to the Com- rade and a dance with a live band. An Committee on Environment and Public mittee on Agriculture, Nutrition, and For- all-faith worship service and dinner Works. estry. will also be held. It promises to be a EC–6973. A communication from the Prin- EC–6982. A communication from the Con- cipal Deputy Associate Administrator, Office gressional Review Coordinator, Animal and wonderful event. of Policy, Economics, and Innovation, Envi- Plant Health Inspection Service, Department Mr. President, I ask the Senate to ronmental Protection Agency, transmitting, of Agriculture, transmitting, pursuant to join me in congratulating Clifford, pursuant to law, the report of a rule entitled law, the report of a rule entitled ‘‘Require- North Dakota, and its residents on ‘‘Approval and Promulgation of Maintenance ments for Requests to Amend Import Regu- their first 125 years and in wishing Plan Revisions; Ohio: Carbon Monoxide lations’’ (APHIS Docket No. 02–132–2) re- them well through the next century. Maintenance Plan Updates; Limited Mainte- ceived on May 31, 2006; to the Committee on By honoring Clifford and all the other nance Plan’’ (FRL No. 8177–8) received on Agriculture, Nutrition, and Forestry. EC–6983. A communication from the Con- historic small towns of North Dakota, May 31, 2006; to the Committee on Environ- ment and Public Works . gressional Review Coordinator, Animal and we keep the pioneering tradition spirit EC–6974. A communication from the Prin- Plant Health Inspection Service, Department alive for future generations. It is places cipal Deputy Associate Administrator, Office of Agriculture, transmitting, pursuant to such as Clifford that have helped to of Policy, Economics, and Innovation, Envi- law, the report of a rule entitled ‘‘Emerald shape this country into what it is ronmental Protection Agency, transmitting, Ash Borer; Quarantined Areas; Indiana, today, which is why this fine commu- pursuant to law, the report of a rule entitled Michigan, and Ohio’’ (Docket No. APHIS– nity is deserving of our recognition. ‘‘Control of Air Pollution From Motor Vehi- 2006–0046) received on May 31, 2006; to the Clifford has a proud past and a bright cles and Nonroad Diesel Engines: Alternative Committee on Agriculture, Nutrition, and future.∑ Low-Sulfur Diesel Fuel Transition Program Forestry. for Alaska’’ (FRL No. 8178–3) received on EC–6984. A communication from the Con- f May 31, 2006; to the Committee on Environ- gressional Review Coordinator, Animal and MESSAGES FROM THE PRESIDENT ment and Public Works. Plant Health Inspection Service, Department EC–6975. A communication from the Prin- of Agriculture, transmitting, pursuant to Messages from the President of the cipal Deputy Associate Administrator, Office law, the report of a rule entitled ‘‘Importa- United States were communicated to of Policy, Economics, and Innovation, Envi- tion of Baby Corn and Baby Carrots from the Senate by Mr. Williams, one of his ronmental Protection Agency, transmitting, Zambia’’ (Docket No. 05–059–2) received on secretaries. pursuant to law, the report of a rule entitled May 31, 2006; to the Committee on Agri- ‘‘EPAAR Prescription and Clause—Sim- culture, Nutrition, and Forestry. f plified Acquisition Procedures Financing’’ EC–6985. A communication from the Con- EXECUTIVE MESSAGES REFERRED (FRL No. 8179–6) received on May 31, 2006; to gressional Review Coordinator, Animal and the Committee on Environment and Public Plant Health Inspection Service, Department As in executive session the Presiding Works. of Agriculture, transmitting, pursuant to Officer laid before the Senate messages EC–6976. A communication from the Prin- law, the report of a rule entitled ‘‘Pine Shoot from the President of the United cipal Deputy Associate Administrator, Office Beetle; Additions to Quarantined Areas; Wis- States submitting sundry nominations of Policy, Economics, and Innovation, Envi- consin’’ (Docket No. APHIS–2006–0039) re- which were referred to the appropriate ronmental Protection Agency, transmitting, ceived on May 31, 2006; to the Committee on committees. pursuant to law, the report of a rule entitled Agriculture, Nutrition, and Forestry. (The nominations received today are ‘‘Partial Approval of the Clean Air Act, Sec- EC–6986. A communication from the Con- tion 112(I), Delegation of Authority to the gressional Review Coordinator, Animal and printed at the end of the Senate pro- Washington State Department of Health’’ Plant Health Inspection Service, Department ceedings.) (FRL No. 8177–2) received on May 31, 2006; to of Agriculture, transmitting, pursuant to f the Committee on Environment and Public law, the report of a rule entitled ‘‘Standards Works. for Privately Owned Quarantine Facilities EXECUTIVE AND OTHER EC–6977. A communication from the Prin- for Ruminants’’ (Docket No. 00–022–2) re- COMMUNICATIONS cipal Deputy Associate Administrator, Office ceived on May 31, 2006; to the Committee on The following communications were of Policy, Economics, and Innovation, Envi- Agriculture, Nutrition, and Forestry. laid before the Senate, together with ronmental Protection Agency, transmitting, EC–6987. A communication from the Direc- accompanying papers, reports, and doc- pursuant to law, the report of a rule entitled tor, Regulatory Review Group, Farm Service ‘‘PM2.5 De Minimis Emission Levels for Gen- Agency, Department of Agriculture, trans- uments, and were referred as indicated: eral Conformity Applicability’’ (FRL No. mitting, pursuant to law, the report of a rule EC–6969. A communication from the Chair- 8176–3) received on May 31, 2006; to the Com- entitled ‘‘2005 Section 32 Hurricane Disaster man, Nuclear Regulatory Commission, trans- mittee on Environment and Public Works. Programs’’ (RIN0560–AH45) received on May mitting, pursuant to law, a quarterly report EC–6978. A communication from the Prin- 31, 2006; to the Committee on Agriculture, on the status of the Commission’s licensing cipal Deputy Associate Administrator, Office Nutrition, and Forestry. activities and regulatory duties for the pe- of Policy, Economics, and Innovation, Envi- EC–6988. A communication from the Staff riod covering January–March 2006; to the ronmental Protection Agency, transmitting, Director, United States Sentencing Commis- Committee on Environment and Public pursuant to law, the report of a rule entitled sion, transmitting, pursuant to law, the Works. ‘‘Regulation of Fuel and Fuel Additives: Re- Commission’s 2004 Annual Report and EC–6970. A communication from the Prin- finer and Importer Quality Assurance Re- Sourcebook of Federal Sentencing Statis- cipal Deputy Associate Administrator, Office quirements for Downstream Oxygenate tics; to the Committee on the Judiciary. of Policy, Economics, and Innovation, Envi- Blending and Requirements for Pipeline EC–6989. A communication from the Staff ronmental Protection Agency, transmitting, Interface’’ (FRL No. 8178–5) received on May Director, United States Sentencing Commis- pursuant to law, the report of a rule entitled 31, 2006; to the Committee on Environment sion, transmitting, pursuant to law, the ‘‘Amendments to Standards of Performance and Public Works. Commission’s report on the Impact of United for New Stationary Sources; Monitoring Re- EC–6979. A communication from the Chief, States v. Booker on Federal Sentencing; to quirements’’ (FRL No. 8176–8) received on Regulations Management, Office of Regula- the Committee on the Judiciary. May 31, 2006; to the Committee on Environ- tion Policy and Management, Department of EC–6990. A communication from the Chair- ment and Public Works. Veterans Affairs, transmitting, pursuant to man, Office of General Counsel, Federal

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5489 Election Commission, transmitting, pursu- and second times by unanimous con- By Mr. DEMINT: ant to law, the report of a rule entitled ‘‘Co- sent, and referred as indicated: S. 3398. A bill to suspend temporarily the ordinated Communications’’ (Notice 2006–10) duty on synthetic indigo powder; to the By Mr. VITTER: Committee on Finance. received on June 5, 2006; to the Committee S. 3378. A bill to suspend temporarily the By Mr. DEMINT: on Rules and Administration. duty on chloroacetone; to the Committee on EC–6991. A communication from the Sec- S. 3399. A bill to suspend temporarily the Finance. retary of Education, transmitting, pursuant duty on Argumex; to the Committee on Fi- By Mr. VITTER: nance. to law, the Department of Education’s 2005 S. 3379. A bill to suspend temporarily the Buy American Act Report; to the Committee By Mr. DEMINT: duty on formulations of NOA 446510; to the S. 3400. A bill to suspend temporarily the on Health, Education, Labor, and Pensions. Committee on Finance. EC–6992. A communication from the Dep- duty on certain men’s and boys’ water resist- By Mr. VITTER: ant pants; to the Committee on Finance . uty Executive Director, Pension Benefit S. 3380. A bill to suspend temporarily the Guaranty Corporation, transmitting, pursu- By Mr. DEMINT: duty on DEMBB distilled-iso tank; to the S. 3401. A bill to suspend temporarily the ant to law, the report of a rule entitled Committee on Finance. duty on certain women’s water resistant ‘‘Benefits Payable in Terminated Single-Em- By Mr. VITTER: pants; to the Committee on Finance. ployer Plans; Allocation of Assets in Single- S. 3381. A bill to suspend temporarily the By Mr. DEMINT: Employer Plans; Interest Assumptions for duty on malonic acid-dinitrile 50% NMP; to S. 3402. A bill to suspend temporarily the Valuing and Paying Benefits’’ (29 CFR Parts the Committee on Finance. duty on certain girls’ water resistant pants; 4022 and 4044) received on May 31, 2006; to the By Mr. VITTER: to the Committee on Finance. Committee on Health, Education, Labor, and S. 3382. A bill to provide for the liquidation By Mr. DEMINT: Pensions. or reliquidation of certain drawback claims; S. 3403. A bill to suspend temporarily the EC–6993. A communication from the Direc- to the Committee on Finance. duty on certain women’s water resistant tor, Regulations Policy and Management By Mr. VITTER: pants; to the Committee on Finance. Staff, Food and Drug Administration, De- S. 3383. A bill to provide for the liquidation By Mr. JOHNSON (for himself and Mr. partment of Health and Human Services, or reliquidation of certain drawback claims THUNE): transmitting, pursuant to law, the report of relating to petroleum products; to the Com- S. 3404. A bill to reauthorize the Mni a rule entitled ‘‘Food Labeling: Health mittee on Finance. Wiconi Rural Water Supply Project; to the Claims; Soluble Dietary Fiber From Certain By Mr. VITTER: Committee on Energy and Natural Re- Foods and Coronary Heart Disease’’ (Docket S. 3384. A bill to provide for the liquidation sources. No. 2004P–0512) received on June 5, 2006; to or reliquidation of certain drawback claims By Mrs. FEINSTEIN: the Committee on Health, Education, Labor, relating to petroleum products; to the Com- S. 3405. A bill to provide for the liquidation and Pensions. mittee on Finance. or reliquidation of certain entries of edu- EC–6994. A communication from the Regu- By Mr. VITTER: cational toys entered in November 15 lations Coordinator, Health Resources and S. 3385. A bill to provide for the liquidation through December 31, 2003; to the Committee Services Administration, Department of or reliquidation of certain drawback claims on Finance. Health and Human Services, transmitting, relating to petroleum products; to the Com- By Mrs. FEINSTEIN: pursuant to law, the report of a rule entitled mittee on Finance. S. 3406. A bill to provide for the liquidation ‘‘Smallpox Vaccine Injury Compensation By Mr. VITTER: or reliquidation of certain entries of edu- Program: Administrative Implementation’’ S. 3386. A bill to provide for the liquidation cational toys entered in October 11 through (RIN0906–AA61) received on May 31, 2006; to or reliquidation of certain drawback claims December 31, 2002; to the Committee on Fi- the Committee on Health, Education, Labor, relating to petroleum products; to the Com- nance. and Pensions. mittee on Finance. By Mrs. FEINSTEIN: S. 3407. A bill to provide for the liquidation EC–6995. A communication from the Regu- By Mr. VITTER: or reliquidation of certain entries of edu- lations Coordinator, Health Resources and S. 3387. A bill to provide for the liquidation cational toys entered in January 3 through Services Administration, Department of or reliquidation of certain drawback claims July 4, 2002; to the Committee on Finance. Health and Human Services, transmitting, relating to petroleum products; to the Com- By Mrs. FEINSTEIN: pursuant to law, the report of a rule entitled mittee on Finance. S. 3408. A bill to provide for the liquidation ‘‘Smallpox Vaccine Injury Compensation By Mr. VITTER: or reliquidation of certain entries of edu- S. 3388. A bill to provide for the liquidation Program: Smallpox (Vaccinia) Vaccine In- cational toys entered in October 21 through jury Table’’ (RIN0906–AA60) received on May or reliquidation of certain drawback claims; November 14, 2003; to the Committee on Fi- 31, 2006; to the Committee on Health, Edu- to the Committee on Finance. nance. cation, Labor, and Pensions. By Mr. VITTER: By Mrs. FEINSTEIN: EC–6996. A communication from the White S. 3389. A bill to provide for the liquidation S. 3409. A bill to provide for the liquidation House Liaison, Department of Education, or reliquidation of certain drawback claims; or reliquidation of certain entries of edu- transmitting, pursuant to law, (8) reports to the Committee on Finance. cational toys entered in January 1 through relative to vacancy announcements within By Mr. VITTER: August 29, 2003; to the Committee on Fi- the Department, received on May 31, 2006; to S. 3390. A bill to provide for the liquidation nance. the Committee on Health, Education, Labor, or reliquidation of certain drawback claims; By Mrs. FEINSTEIN: and Pensions. to the Committee on Finance. S. 3410. A bill to provide for the liquidation By Mr. VITTER: f or reliquidation of certain entries of edu- S. 3391. A bill to provide for the liquidation cational toys entered in August 18 through REPORTS OF COMMITTEES or reliquidation of certain drawback claims; November 29, 2001; to the Committee on Fi- to the Committee on Finance. The following reports of committees nance. By Mr. VITTER: By Mrs. FEINSTEIN: were submitted: S. 3392. A bill to provide for the liquidation S. 3411. A bill to provide for the liquidation By Mr. INHOFE, from the Committee on or reliquidation of certain drawback claims; or reliquidation of certain entries of edu- Environment and Public Works, without to the Committee on Finance. cational toys entered in May 1 through July amendment: By Mr. DEMINT: 17, 2004; to the Committee on Finance. S. 2041. A bill to provide for the convey- S. 3393. A bill to suspend temporarily the By Mrs. FEINSTEIN: ance of a United States Fish and Wildlife duty on certain boys’ water resistant pants; S. 3412. A bill to provide for the liquidation Service administrative site to the city of Las to the Committee on Finance. or reliquidation of certain entries of edu- Vegas, Nevada (Rept. No. 109–260). By Mr. DEMINT: cational toys entered in July 17 through Oc- By Mr. MCCAIN, from the Committee on S. 3394. A bill to suspend temporarily the tober 30, 2004; to the Committee on Finance. Indian Affairs, with an amendment in the duty on certain men’s water resistant pants; By Mrs. FEINSTEIN: nature of a substitute: to the Committee on Finance. S. 3413. A bill to provide for the liquidation S. 2078. A bill to amend the Indian Gaming By Mr. DEMINT: or reliquidation of certain entries of edu- Regulatory Act to clarify the authority of S. 3395. A bill to extend the temporary sus- cational toys entered in November 1 through the National Indian Gaming Commission to pension of duty on certain high tenacity December 11, 2004; to the Committee on Fi- regulate class III gaming, to limit the lands rayon filament yarn; to the Committee on nance. eligible for gaming, and for other purposes Finance. By Mrs. FEINSTEIN: (Rept. No. 109–261). By Mr. DEMINT: S. 3414. A bill to provide for the liquidation S. 3396. A bill to suspend temporarily the or reliquidation of certain entries of edu- f duty on certain girls’ water resistant pants; cational toys entered in January 3 through INTRODUCTION OF BILLS AND to the Committee on Finance. April 25, 2004; to the Committee on Finance. JOINT RESOLUTIONS By Mr. DEMINT: By Mrs. FEINSTEIN: S. 3397. A bill to suspend temporarily the S. 3415. A bill to provide for the liquidation The following bills and joint resolu- duty on certain women’s and girls’ water re- or reliquidation of certain entries of edu- tions were introduced, read the first sistant pants; to the Committee on Finance. cational toys entered in November 30

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5490 CONGRESSIONAL RECORD — SENATE June 6, 2006 through December 31, 2001; to the Committee By Mr. BURR: cyclohexene-1,2-dicarboxylate (9Cl); to the on Finance. S. 3434. A bill to suspend temporarily the Committee on Finance. By Mrs. FEINSTEIN: duty on certain synthetic staple fibers that By Mr. DODD: S. 3416. A bill to provide for the liquidation are carded, combed, or otherwise processed S. 3449. A bill to amend the Public Health or reliquidation of certain entries of edu- for spinning; to the Committee on Finance. Service Act to improve the quality and cational toys entered in July 5 through Octo- By Mr. BURR: availability of mental health services for ber 11, 2002; to the Committee on Finance. S. 3435. A bill to suspend temporarily the children and adolescents; to the Committee By Mrs. FEINSTEIN: duty on acrylic or modacrylic synthetic fila- on Health, Education, Labor, and Pensions. S. 3417. A bill to provide for the liquidation ment tow; to the Committee on Finance. By Mr. REID: or reliquidation of certain entries of edu- By Mr. BURR: S. 3450. A bill to suspend temporarily the cational toys entered in August 30 through S. 3436. A bill to suspend temporarily the duty on Oxirane, 2,2′-[(3,3′,5,5′- October 20, 2003; to the Committee on Fi- duty on certain synthetic staple fibers that tetramethyl[1,1′-biphenyl]-4,4′- nance. are not carded, combed, or otherwise proc- diyl)bis(oxymethylene)bis-(9Cl); to the Com- By Mrs. FEINSTEIN: essed for spinning; to the Committee on Fi- mittee on Finance. S. 3418. A bill to provide for the liquidation nance. By Mr. REID: or reliquidation of certain entries of edu- By Mr. REID: S. 3451. A bill to suspend temporarily the cational toys entered in January 1 through S. 3437. A bill to suspend temporarily the duty on 1,3,5,-Triazine-2,4-diamine, 6-[2-(2- August 18, 2001; to the Committee on Fi- duty on 1H-Imidazole-4,5-dimethanol, 2- undecyl-1H-imidazol-1-yl)ethyl]-(9Cl); to the nance. phenyl-(9Cl); to the Committee on Finance. Committee on Finance. By Mrs. FEINSTEIN: By Mr. REID: By Mrs. MURRAY (for herself and Ms. S. 3419. A bill to provide for the liquidation S. 3438. A bill to suspend temporarily the CANTWELL): or reliquidation of certain entries of edu- duty on 1,3,5-Triazine-2,4-diamine, 6-[2-(2- S. 3452. A bill to modify the provisions of cational toys entered in December 11 methyl-1H-imidazol-1-yl)ethyl]- (9Cl); to the the Harmonized Tariff Schedule of the through December 31, 2003; to the Committee Committee on Finance. United States relating to returned property; on Finance. By Mr. REID: to the Committee on Finance. By Mrs. FEINSTEIN: S. 3420. A bill to provide for the liquidation S. 3439. A bill to suspend temporarily the By Mrs. MURRAY (for herself and Ms. or reliquidation of certain entries of edu- duty on 50/50 mixture of 1,3,5-Triazine- CANTWELL): cational toys entered in September 2 2,4,6(1H,3H,5H)-trione, 1,3,5-tris[(2R)- S. 3453. A bill to provide for duty free through September 30, 2003; to the Com- oxiranylmethyl]-(9Cl) and 1,3,5,-Triazine- treatment for certain United States Govern- mittee on Finance. 2,4,6(1H,3H,5H)-trione, 1,3,5-tris[(2S)- ment property returned to the United By Mr. CRAIG: oxiranylmethyl]-(9Cl); to the Committee on States; to the Committee on Finance. S. 3421. A bill to authorize major medical Finance. By Mr. BROWNBACK (for himself and facility projects and major medical facility By Mr. REID: Mr. TALENT): leases for the Department of Veterans Af- S. 3440. A bill to suspend temporarily the S. 3454. A bill to amend the Internal Rev- fairs for fiscal years 2006 and 2007, and for duty on 9H-Thioxanthene-2-carboxaldehyde, enue Code of 1986 to improve the exchange of other purposes; to the Committee on Vet- 9-oxo-, 2-(o-acetyloxime) (9Cl); to the Com- healthcare information through the use of erans’ Affairs. mittee on Finance. technology, to encourage the creation, use By Ms. MURKOWSKI: By Mr. REID: and maintenance of lifetime electronic S. 3422. A bill to provide for the tax treat- S. 3441. A bill to suspend temporarily the health records that may contain health plan ment of income received in connection with duty on 1-Propenoic acid, polymer with and debit card functionality in independent the litigation concerning the Exxon Valdez (chloromethyl)oxirane, formaldehyde, 2- health record banks, to use such records to oil spill; to the Committee on Finance. (hydroxymethyl)-2-[[(1-oxo-2-pro- build a nationwide health information tech- By Mr. DURBIN: penyl)oxy]methyl]-1,3-propanediyl di-2- nology infrastructure, and to promote par- S. 3423. A bill to liquidate or reliquidate propenoate, 5-isocyanato-1- ticipation in health information exchange by certain entries of roller chain; to the Com- (isocyanatomethyl)-1,3,3- consumers through tax incentives and for mittee on Finance. trimethyleyclohexane and 2-methylphenol other purposes; to the Committee on Fi- By Mr. DURBIN: (9Cl); to the Committee on Finance. nance. S. 3424. A bill to extend temporarily the By Mr. REID: By Mr. SANTORUM: suspension of duty on 3-(Ethylsulfonyl)-2- S. 3442. A bill to suspend temporarily the S. 3455. A bill to establish a program to pyridinesulfonamide; to the Committee on duty on 2-Propenoic acid, reaction products transfer surplus computers of Federal agen- Finance. with o-cresol-epichlorohydydrin-formalde- cies to schools, nonprofit community-based By Mr. DURBIN: hyde polymer and 3a,4,7,7a-tetrahydro-1,3- educational organizations, and families of S. 3425. A bill to suspend temporarily the isobenzofurandione; to the Committee on Fi- members of the Armed Forces who are de- duty on 2 benzylthio-3-ethyl sulfonyl pyri- nance. ployed, and for other purposes; to the Com- dine; to the Committee on Finance. By Mr. REID: mittee on Homeland Security and Govern- By Mr. DURBIN: S. 3443. A bill to suspend temporarily the mental Affairs. S. 3426. A bill to extend temporarily the duty on 1H-Imidazole, 2-ethyl-4-methyl- By Mr. MENENDEZ: duty on carbamic acid; to the Committee on (9Cl); to the Committee on Finance. S. 3456. A bill to ensure the implementa- Finance. By Mr. REID: tion of the recommendations of the National By Mr. DURBIN: S. 3444. A bill to suspend temporarily the Commission on Terrorist Attacks Upon the S. 3427. A bill to suspend temporarily the duty on 1H-Imidazole-4-methanol, 5-methyl- United States; to the Committee on Foreign duty on certain decorative plates; to the 2-phenyl-(9Cl); to the Committee on Finance. Relations. Committee on Finance. By Mr. REID: By Mrs. BOXER: By Mr. DURBIN: S. 3445. A bill to suspend temporarily the S.J. Res. 39. A joint resolution to spur a S. 3428. A bill to suspend temporarily the duty on epoxide resins consisting of Form- political solution in Iraq and encourage the duty on certain music boxes; to the Com- aldehyde, polymer with methylphenol, 2-hy- people of Iraq to provide for their own secu- mittee on Finance. droxy-3-[(1-oxo-2-propenyl)oxy]propyl ether rity through the redeployment of the United By Mr. DURBIN: S. 3429. A bill to reduce temporarily the and formaldehyde, polymer with States military forces; to the Committee on duty on sulfentrazone technical; to the Com- (chloromethyl)oxirane and methylphenol, 4- Foreign Relations. mittee on Finance. cyclohexene-1,2-dicarboxylate 2-propenoate f By Mr. DURBIN: (9Cl); to the Committee on Finance. S. 3430. A bill to provide for the liquidation By Mr. REID: SUBMISSION OF CONCURRENT AND or reliquidation of certain bowling ball car- S. 3446. A bill to suspend temporarily the SENATE RESOLUTIONS rier bag parts; to the Committee on Finance. duty on 4-Cyclohexene-1,2-dicarboxylic acid, The following concurrent resolutions By Mr. DURBIN: compd. with 1,3,5-triazine-2,4,6-triamine (1:1); to the Committee on Finance. and Senate resolutions were read, and S. 3431. A bill to require the liquidation or referred (or acted upon), as indicated: reliquidation of certain entries of large By Mr. REID: newspaper printing presses and components S. 3447. A bill to suspend temporarily the By Mr. BROWNBACK (for himself, Mr. thereof; to the Committee on Finance. duty on 2-Propenoic acid, polymer with BIDEN, Mr. SMITH, and Mr. NELSON of By Mr. SANTORUM: (chloromethyl)oxirane, formaldehyde and Florida): S. 3432. A bill to protect children from ex- phenol, hydrogen 4-cyclohexene-1,2- S. Res. 500. A resolution expressing the ploitation by adults over the Internet, and dicarboxylate; to the Committee on Finance. sense of Congress that the Russian Federa- for other purposes; to the Committee on the By Mr. REID: tion should fully protect the freedoms of all Judiciary. S. 3448. A bill to suspend temporarily the religious communities without distinction, By Ms. LANDRIEU: duty on Formaldehyde, polymer with whether registered or unregistered, as stipu- S. 3433. A bill for the relief of Michael An- (chloromethyl)oxirane and 2-methylphenol, lated by the Russian Constitution and inter- thony Hurley; to the Committee on the Judi- 3-hydroxy-2-(hydroxymethyl)-2- national standards; to the Committee on ciary. methylpropanoate 2-propenoate, 4- Foreign Relations.

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5491 By Mr. ALLEN (for himself and Mr. the Senator from Mississippi (Mr. (Mr. HAGEL) was added as a cosponsor WARNER): LOTT) and the Senator from Tennessee of S. 2491, a bill to award a Congres- S. Res. 501. A resolution commending the (Mr. ALEXANDER) were added as cospon- sional gold medal to Byron Nelson in University of Virginia Cavaliers men’s la- sors of S. 811, a bill to require the Sec- recognition of his significant contribu- crosse team for winning the 2006 National Collegiate Athletic Association Division I retary of the Treasury to mint coins in tions to the game of golf as a player, a National Lacrosse Championship; considered commemoration of the bicentennial of teacher, and a commentator. and agreed to. the birth of Abraham Lincoln. S. 2548 By Mr. LAUTENBERG (for himself and S. 843 At the request of Mr. STEVENS, the Mr. MENENDEZ): At the request of Mr. SANTORUM, the names of the Senator from Ohio (Mr. S. Res. 502. A resolution congratulating all name of the Senator from Missouri the contestants of the 2006 Scripps National DEWINE), the Senator from Indiana Spelling Bee; considered and agreed to. (Mr. TALENT) was added as a cosponsor (Mr. BAYH), the Senator from Lou- of S. 843, a bill to amend the Public isiana (Ms. LANDRIEU) and the Senator f Health Service Act to combat autism from Massachusetts (Mr. KENNEDY) ADDITIONAL COSPONSORS through research, screening, interven- were added as cosponsors of S. 2548, a tion and education. S. 65 bill to amend the Robert T. Stafford S. 1840 Disaster Relief and Emergency Assist- At the request of Mr. INHOFE, the name of the Senator from New Hamp- At the request of Mr. THUNE, the ance Act to ensure that State and local emergency preparedness operational shire (Mr. GREGG) was added as a co- name of the Senator from New York sponsor of S. 65, a bill to amend the age (Mr. SCHUMER) was added as a cospon- plans address the needs of individuals restrictions for pilots. sor of S. 1840, a bill to amend section with household pets and service ani- 340B of the Public Health Service Act mals following a major disaster or S. 185 to increase the affordability of inpa- emergency. At the request of Mr. NELSON of Flor- tient drugs for Medicaid and safety net S. 2566 ida, the name of the Senator from hospitals. North Dakota (Mr. DORGAN) was added At the request of Mr. LUGAR, the as a cosponsor of S. 185, a bill to amend S. 1862 names of the Senator from California title 10, United States Code, to repeal At the request of Mr. JOHNSON, the (Mrs. FEINSTEIN), the Senator from the requirement for the reduction of name of the Senator from Connecticut Utah (Mr. BENNETT) and the Senator certain Survivor Benefit Plan annu- (Mr. LIEBERMAN) was added as a co- from Rhode Island (Mr. REED) were ities by the amount of dependency and sponsor of S. 1862, a bill to establish a added as cosponsors of S. 2566, a bill to indemnity compensation and to modify joint energy cooperation program with- provide for coordination of prolifera- the effective date for paid-up coverage in the Department of Energy to fund tion interdiction activities and conven- under the Survivor Benefit Plan. eligible ventures between United tional arms disarmament, and for States and Israeli businesses and aca- other purposes. S. 424 demic persons in the national interest, S. 2592 At the request of Mr. BOND, the and for other purposes. names of the Senator from Indiana At the request of Mr. HARKIN, the At the request of Mr. SMITH, the (Mr. LUGAR) and the Senator from name of the Senator from Connecticut names of the Senator from Delaware Vermont (Mr. LEAHY) were added as co- (Mr. LIEBERMAN) was added as a co- (Mr. CARPER) and the Senator from sponsors of S. 424, a bill to amend the sponsor of S. 2592, a bill to amend the Alaska (Mr. STEVENS) were added as co- Public Health Service Act to provide Child Nutrition Act of 1966 to improve sponsors of S. 1862, supra. for arthritis research and public the nutrition and health of school- health, and for other purposes. S. 2155 children by updating the definition of At the request of Mr. KERRY, the ‘‘food of minimal nutritional value’’ to S. 713 name of the Senator from New York conform to current nutrition science At the request of Mr. ROBERTS, the (Mrs. CLINTON) was added as a cospon- and to protect the Federal investment name of the Senator from Tennessee sor of S. 2155, a bill to provide mean- in the national school lunch and break- (Mr. ALEXANDER) was added as a co- ingful civil remedies for victims of the fast programs. sponsor of S. 713, a bill to amend the sexual exploitation of children. Internal Revenue Code of 1986 to pro- S. 2599 vide for collegiate housing and infra- S. 2302 At the request of Mr. VITTER, the structure grants. At the request of Mr. LOTT, the name of the Senator from Florida (Mr. names of the Senator from Vermont MARTINEZ) was added as a cosponsor of S. 811 (Mr. JEFFORDS) and the Senator from S. 2599, a bill to amend the Robert T. At the request of Mr. DURBIN, the Iowa (Mr. HARKIN) were added as co- Stafford Disaster Relief and Emer- names of the Senator from Pennsyl- sponsors of S. 2302, a bill to establish gency Assistance Act to prohibit the vania (Mr. SANTORUM), the Senator the Federal Emergency Management confiscation of firearms during certain from Nevada (Mr. ENSIGN), the Senator Agency as an independent agency, and national emergencies. from Pennsylvania (Mr. SPECTER), the for other purposes. S. 2653 Senator from Utah (Mr. HATCH), the S. 2351 Senator from Virginia (Mr. ALLEN), the At the request of Mr. STEVENS, the Senator from North Carolina (Mrs. At the request of Mrs. BOXER, the name of the Senator from Texas (Mrs. name of the Senator from Connecticut DOLE), the Senator from Maine (Ms. HUTCHISON) was added as a cosponsor of (Mr. LIEBERMAN) was added as a co- SNOWE), the Senator from South Da- S. 2653, a bill to direct the Federal sponsor of S. 2351, a bill to provide ad- kota (Mr. THUNE), the Senator from Communications Commission to make ditional funding for mental health care Utah (Mr. BENNETT), the Senator from efforts to reduce telephone rates for for veterans, and for other purposes. Wyoming (Mr. THOMAS), the Senator Armed Forces personnel deployed over- from South Carolina (Mr. DEMINT), the S. 2419 seas. Senator from Virginia (Mr. WARNER), At the request of Mr. STEVENS, the S. 2658 the Senator from Kansas (Mr. ROB- name of the Senator from Pennsyl- At the request of Mr. LEAHY, the ERTS), the Senator from Alaska (Mr. vania (Mr. SANTORUM) was added as a names of the Senator from California STEVENS), the Senator from Idaho (Mr. cosponsor of S. 2419, a bill to ensure the (Mrs. BOXER) and the Senator from CRAIG), the Senator from Colorado (Mr. proper remembrance of Vietnam vet- Connecticut (Mr. DODD) were added as ALLARD), the Senator from Louisiana erans and the Vietnam War by pro- cosponsors of S. 2658, a bill to amend (Mr. VITTER), the Senator from Florida viding a deadline for the designation of title 10, United States Code, to enhance (Mr. MARTINEZ), the Senator from Min- a visitor center for the Vietnam Vet- the national defense through empower- nesota (Mr. COLEMAN), the Senator erans Memorial. ment of the Chief of the National from South Carolina (Mr. GRAHAM), the S. 2491 Guard Bureau and the enhancement of Senator from Texas (Mrs. HUTCHISON), At the request of Mr. CORNYN, the the functions of the National Guard the Senator from Missouri (Mr. BOND), name of the Senator from Nebraska Bureau, and for other purposes.

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5492 CONGRESSIONAL RECORD — SENATE June 6, 2006 S. 2725 (Mr. LAUTENBERG) was added as a co- cance of these projects to their States. At the request of Mrs. CLINTON, the sponsor of S. 3323, a bill to suspend It is my belief that this bill will expand name of the Senator from California temporarily the duty on Propylene VA’s ability to provide health care (Mrs. BOXER) was added as a cosponsor Glycol Alginates (PGA) be eliminated. services to this group of deserving of S. 2725, a bill to amend the Fair S. 3325 Americans. I will take a few moments Labor Standards Act of 1938 to provide At the request of Mr. BUNNING, the now to explain the provisions of this for an increase in the Federal Min- name of the Senator from Alaska (Ms. legislation. imum wage and to ensure that in- MURKOWSKI) was added as a cosponsor First, the bill authorizes three major creases in the Federal minimum wage of S. 3325, a bill to promote coal-to-liq- medical facility projects in immediate keep pace with any pay adjustments uid fuel activities. need of fiscal year 2006 authorization; the restoration of VA’s health care infor Members of Congress. S.J. RES. 1 frastructure in the Biloxi and New Or- S. 2810 At the request of Mr. ALLARD, the leans areas following Hurricane At the request of Mr. GRASSLEY, the name of the Senator from Idaho (Mr. Katrina, and the cost of land acquisi- name of the Senator from Utah (Mr. CRAIG) was added as a cosponsor of S.J. tion for replacement of the current BENNETT) was added as a cosponsor of Res. 1, a joint resolution proposing an Denver VA Medical Center with a new S. 2810, a bill to amend title XVIII of amendment to the Constitution of the facility at the former Fitzsimons Army the Social Security Act to eliminate United States relating to marriage. months in 2006 from the calculation of Medical Center. The Denver facility S. CON. RES. 20 was constructed over a half-century any late enrollment penalty under the At the request of Mr. COCHRAN, the Medicare part D prescription drug pro- ago and many of the core facilities name of the Senator from Maine (Ms. have been deemed to be past or near gram and to provide for additional SNOWE) was added as a cosponsor of S. funding for State health insurance the end of their useful life. Con. Res. 20, a concurrent resolution Second, this legislation reauthorizes counseling program and area agencies expressing the need for enhanced public 18 major medical facility construction on aging, and for other purposes. awareness of traumatic brain injury projects that were authorized under S. 2816 and support for the designation of a Public Law 108–170, but for which it is At the request of Mr. HARKIN, the National Brain Injury Awareness unlikely that contract awards will be name of the Senator from Minnesota Month. accomplished by September 30, 2006, as (Mr. COLEMAN) was withdrawn as a co- S. RES. 224 required by that law. Therefore, for sponsor of S. 2816, a bill to amend the At the request of Mr. DEWINE, the each of these projects, the draft bill ex- Internal Revenue Code of 1986 to pro- name of the Senator from Massachu- tends the date by which contracts must vide an income tax credit for the man- setts (Mr. KERRY) was added as a co- be awarded, from September 30, 2006, ufacture of flexible fuel motor vehicles sponsor of S. Res. 224, a resolution to September 20, 2009. These projects were and to extend and increase the income express the sense of the Senate sup- identified and prioritized under the tax credit for alternative fuel refueling porting the establishment of Sep- capital asset realignment for enhanced property, and for other purposes. tember as Campus Fire Safety Month, services process. CARES, as it has be- S. 2824 and for other purposes. come known, is a market-based na- At the request of Mr. DEMINT, the S. RES. 462 tional assessment of infrastructure name of the Senator from Louisiana At the request of Mr. GRASSLEY, the needs that VA has developed into a (Mr. VITTER) was added as a cosponsor name of the Senator from New Jersey schedule for completion. These projects of S. 2824, a bill to reduce the burdens (Mr. LAUTENBERG) was added as a co- represent the most pressing CARES- of the implementation of section 404 of sponsor of S. Res. 462, a resolution des- identified needs that VA has under- the Sarbanes-Oxley Act of 2002. ignating June 8, 2006, as the day of a taken in order to improve access-to- S. 2999 National Vigil for Lost Promise. care and provide services in areas of re- At the request of Mr. DEWINE, the f cent, current, and projected growth in name of the Senator from New York veterans population, such as Las Vegas STATEMENTS ON INTRODUCED and Orlando. To allow a lapse in VA’s (Mrs. CLINTON) was added as a cospon- BILLS AND JOINT RESOLUTIONS sor of S. 2999, a bill to improve protec- authority to move forward on these tions for children and to hold States By Mr. CRAIG: projects would result in tremendous accountable for the safe and timely S. 3421. A bill to authorize major setbacks, and conceivably, additional placement of children across State medical facility projects and major taxpayer expense. lines, and for other purposes. medical facility leases for the Depart- Third, the legislation authorizes ment of Veterans Affairs for fiscal major medical facility leases that did S. 3255 years 2006 and 2007, and for other pur- not receive. authorization in the cur- At the request of Mrs. CLINTON, the poses; to the Committee on Veterans’ rent fiscal for outpatient clinics in Bal- names of the Senator from California Affairs. timore, MD, Marion, IL, and the Dal- (Mrs. BOXER), the Senator from Massa- Mr. CRAIG. Mr. President, I seek rec- las, TX, area. In addition, five major chusetts (Mr. KERRY) and the Senator ognition today to introduce legislation medical facility leases fiscal year 2007 from Louisiana (Ms. LANDRIEU) were to authorize major medical facility are included for outpatient clinics in added as cosponsors of S. 3255, a bill to projects and major medical facility Austin, TX, Lowell, MA, Grand Rapids, provide student borrowers with basic leases for the Department of Veterans MI, Las Vegas, NV, and Parma, OH. rights, including the right to timely in- Affairs, VA. Most VA hospitals, clinics, This legislation represents the ad- formation about their loans and the nursing homes, and research facilities ministration’s request of the Veterans’ right to make fair and reasonable loan have ongoing needs for maintenance, Affairs Committee and the Congress, payments, and for other purposes. repair, and modernization to promote with a significant exception. I have S. 3275 patient and employee safety and pro- chosen not to authorize the six re- At the request of Mr. ALLEN, the vide a higher standard of care for our quested fiscal year 2007 major medical names of the Senator from Mississippi Nation’s veterans. Earlier this month, facility construction projects at this (Mr. COCHRAN) and the Senator from I held a hearing of the Senate Com- time. I want to make it clear to my Oklahoma (Mr. COBURN) were added as mittee on Veterans’ Affairs on these colleagues that my intent is not to cosponsors of S. 3275, a bill to amend needs, at which VA and a service orga- micromanage VA’s construction budget title 18, United States code, to provide nization representative delivered testi- or to delay the Department’s capital a national standard in accordance with mony about what is required in the plan. And no one in the Senate is more which nonresidents of a State may next phase of addressing the needs of committed to seeing that we are not carry concealed firearms in the State. health care facilities for our Nation’s diverting important resources away S. 3323 veterans. In addition, several com- from facilities that are extremely im- At the request of Mr. MENENDEZ, the mittee members and noncommittee portant to our veterans. But as chair- name of the Senator from New Jersey colleagues remarked about the signifi- man of this committee, my approach

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5493 puts Congress on record as expecting fairs Medical Center in Des Moines, Iowa, in (1) For an outpatient and specialty care progress with the 18 CARES projects on an amount not to exceed $25,000,000. clinic, Austin, Texas, $6,163,000. which we are extending authorizations, (4) Renovation of patient wards at the De- (2) For an outpatient clinic, Lowell, Massa- attaching a reasonable amount of partment of Veterans Affairs Medical Center chusetts, $2,520,000. money to those efforts, and then moni- in Durham, North Carolina, in an amount (3) For an outpatient clinic, Grand Rapids, not to exceed $9,100,000. Michigan, $4,409,000. toring the progress closely from the (5) Correction of patient privacy defi- (4) For up to four outpatient clinics, Las Veterans’ Committee. As we have seen ciencies at the Department of Veterans Af- Vegas, Nevada, $8,518,000. with the need for significant and ex- fairs Medical Center, Gainesville, Florida, in (5) For an outpatient clinic, Parma, Ohio, pensive Katrina-related construction, an amount not to exceed $85,200,000. $5,032,000. VA’s capital plan requires consistent (6) 7th and 8th Floor Wards Modernization SEC. 5. AUTHORIZATION OF APPROPRIATIONS. monitoring, frequent review and, at addition at the Department of Veterans Af- (a) AUTHORIZATION OF APPROPRIATIONS FOR times, significant modification. But fairs Medical Center, Indianapolis, Indiana, FISCAL YEAR 2006 MAJOR MEDICAL FACILITY VA must finish some of what it has in an amount not to exceed $27,400,000. PROJECTS.—There is authorized to be appro- started before taking on new major (7) Construction of a new Medical Center priated to the Secretary of Veterans Affairs projects. Facility at the Department of Veterans Af- for fiscal year 2006 for the Construction, fairs Medical Center, Las Vegas, Nevada, in Over the next several weeks, the Major Projects, account, $1,606,000,000 for the an amount not to exceed $406,000,000. projects authorized in section 1. Committee on Veterans’ Affairs will be (8) Construction of an Ambulatory Sur- (b) AUTHORIZATION OF APPROPRIATIONS FOR taking up this bill and other legisla- gery/Outpatient Diagnostic Support Center MAJOR MEDICAL FACILITY PROJECTS UNDER tion introduced to improve the range of in the Gulf South Submarket of Veterans In- CAPITAL ASSET REALIGNMENT INITIATIVE.— services and benefits available to our tegrated Service Network (VISN) 8 and com- (1) AUTHORIZATION OF APPROPRIATIONS.— Nation’s veterans. I look forward to pletion of Phase I land purchase, Lee Coun- There is authorized to be appropriated for working with my colleagues through- ty, Florida, in an amount not to exceed the Secretary of Veterans Affairs for fiscal out the rest of this Congress on these $65,100,000. year 2007 for the Construction, Major and other important efforts. (9) Seismic Corrections-Buildings 7 & 126 at Projects, account, $1,750,120,000 for the Mr. President, I ask unanimous con- the Department of Veterans Affairs Medical projects whose authorization is extended by sent that the text of the bill be printed Center, Long Beach, California, in an section 2. amount not to exceed $107,845,000. in the RECORD. (2) AVAILABILITY.—Amounts appropriated (10) Seismic Corrections-Buildings 500 & 501 pursuant to the authorization of appropria- There being no objection, the text of at the Department of Veterans Affairs Med- the bill was ordered to be printed in tions in paragraph (1) shall remain available ical Center, Los Angeles, California, in an until September 30, 2009. the RECORD, as follows: amount not to exceed $79,900,000. (c) AUTHORIZATION OF APPROPRIATIONS FOR S. 3421 (11) Construction of a New Medical Center MAJOR MEDICAL FACILITY LEASES.— facility in the Orlando, Florida, area in an Be it enacted by the Senate and House of Rep- (1) FISCAL YEAR 2006 LEASES.—There is au- amount not to exceed $377,700,000. resentatives of the United States of America in thorized to be appropriated for the Secretary (12) Consolidation of Campuses at the Uni- Congress assembled, of Veterans Affairs for fiscal year 2006 for the versity Drive and H. John Heinz III divisions, SECTION 1. AUTHORIZATION OF FISCAL YEAR Medical Care account, $24,990,000 for the 2006 MAJOR MEDICAL FACILITY Pittsburgh, Pennsylvania, in an amount not leases authorized in section 4. PROJECTS. to exceed $189,205,000. (2) FISCAL YEAR 2007 LEASES.—There is au- The Secretary of Veterans Affairs may (13) Ward Upgrades and Expansion at the thorized to be appropriated for the Secretary carry out the following major medical facil- Department of Veterans Affairs Medical Cen- of Veterans Affairs for fiscal year 2007 for the ity projects in fiscal year 2006, with each ter, San Antonio, Texas, in an amount not to Medical Care account, $26,642,000 for the project to be carried out in the amount spec- exceed $19,100,000. leases authorized in section 5. ified for that project: (14) Seismic Corrections-Building 1, Phase (d) LIMITATION.—The projects authorized in (1) Restoration, new construction or re- 1 Design at the Department of Veterans Af- sections 1 and 2 may only be carried out placement of the medical center facility for fairs Medical Center, San Juan, Puerto Rico, using— the Department of Veterans Affairs Medical in an amount not to exceed $15,000,000. (1) funds appropriated for fiscal year 2006 Center, New Orleans, Louisiana, due to dam- (15) Construction of a Spinal Cord Injury or 2007 pursuant to the authorization of ap- age from Hurricane Katrina in an amount Center at the Department of Veterans Af- propriations in subsections (a), (b), and (c) of not to exceed $675,000,000. fairs Medical Center, Syracuse, New York, in this section; (2) Restoration of the Department of Vet- an amount not to exceed $53,900,000. (2) funds available for Construction, Major erans Affairs Medical Center, Biloxi, Mis- (16) Upgrade Essential Electrical Distribu- Projects, for a fiscal year before fiscal year sissippi, and consolidation of services per- tion Systems at the Department of Veterans 2006 that remain available for obligation; formed at the Department of Veterans Af- Affairs Medical Center, Tampa, Florida, in (3) funds available for Construction, Major fairs Medical Center, Gulfport, Mississippi, an amount not to exceed $49,000,000. Projects, for a fiscal year after fiscal year in an amount not to exceed $310,000,000. (17) Expansion of the Spinal Cord Injury 2006 or 2007 that are available for obligation; (3) Replacement of the Department of Vet- Center addition at the Department of Vet- and erans Affairs Medical Center, Denver, Colo- erans Affairs Medical Center, Tampa, Flor- (4) funds appropriated for Construction, rado, in an amount not to exceed $52,000,000. ida, in an amount not to exceed $7,100,000. Major Projects, for fiscal year 2006 or 2007 for SEC. 2. EXTENSION OF AUTHORIZATION FOR (18) Blind Rehabilitation and Psychiatric a category of activity not specific to a MAJOR MEDICAL FACILITY CON- Bed renovation and new construction project project. STRUCTION PROJECTS AUTHORIZED at the Department of Veterans Affairs Med- UNDER CAPITAL ASSET REALIGN- MENT INITIATIVE. ical Center, Temple, Texas, in an amount not to exceed $56,000,000. By Ms. MURKOWSKI: Notwithstanding subsection (d) of section S. 3422. A bill to provide for the tax 221 of the Veterans Health Care, Capital SEC. 3. AUTHORIZATION OF FISCAL YEAR 2006 Asset, and Business Improvement Act of 2003 MAJOR MEDICAL FACILITY LEASES. treatment of income received in con- (Public Law 108-170; 117 Stat. 2050), the Sec- The Secretary of Veterans Affairs may nection with the litigation concerning retary of Veterans Affairs may enter into carry out the following major medical facil- the Exxon Valdez oil spill; to the Com- contracts before September 30, 2009, to carry ity leases in fiscal year 2006 at the locations mittee on Finance. out each major medical facility project, as specified, and in an amount for each lease Ms. MURKOWSKI. Mr. President, I originally authorized by such section 221, as not to exceed the amount shown for such lo- rise to introduce a bill that will help cation: follows with each project to be carried out in the commercial fishermen and others the amount specified for that project: (1) For an outpatient clinic, Baltimore, (1) Construction of an outpatient clinic and Maryland, $10,908,000. whose livelihoods were negatively im- regional office at the Department of Vet- (2) For an outpatient clinic, Evansville, Il- pacted by the Exxon Valdez oilspill. erans Affairs Medical Center, Anchorage, linois, $8,989,000. As all of us know, the Exxon Valdez Alaska, in an amount not to exceed (3) For an outpatient clinic, Smith County, ran aground on March 23, 1989, spilling $75,270,000. Texas, $5,093,000. 11 million gallons of oil into Prince (2) Consolidation of clinical and adminis- SEC. 4. AUTHORIZATION OF FISCAL YEAR 2007 William Sound in Alaska. A class ac- trative functions of the Department of Vet- MAJOR MEDICAL FACILITY LEASES. tion jury trial was held in Federal erans Affairs Medical Center in Cleveland, The Secretary of Veterans Affairs may court in Anchorage, AK, in 1994. The Ohio, and the Department of Veterans Af- carry out the following major medical facil- fairs Medical Center in Brecksville, Ohio, in ity leases in fiscal year 2007 at the locations plaintiffs included 32,000 fishermen an amount not to exceed $102,300,000. specified, and in an amount for each lease among others whose livelihoods were (3) Construction of the Extended Care not to exceed the amount shown for such lo- gravely affected by this disaster. The Building at the Department of Veterans Af- cation: jury awarded $5 billion in punitive

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5494 CONGRESSIONAL RECORD — SENATE June 6, 2006 damages to the plaintiff class. The pu- tributable to such elected qualified settle- (II) in the case of any other eligible retire- nitive damage award has been on re- ment income, plus ment plan, in an eligible rollover distribu- peated appeal by the Exxon Corpora- (B) the increase in tax under such chapter tion (as defined under section 402(f)(2) of such tion since 1994. Many of the original which would result if taxable income for Code), and each of the years in the applicable period (ii) as having transferred the amount to plaintiffs, possibly more than 1,000 peo- were increased by an amount equal to the the eligible retirement plan in a direct trust- ple, have already died. applicable fraction of the elected qualified ee to trustee transfer within 60 days of the Once the punitive damage award of settlement income reduced by any expenses distribution. the Exxon Valdez litigation is settled, (otherwise allowable as a deduction to the (4) SPECIAL RULE FOR ROTH IRAS AND ROTH many fishermen will receive payments taxpayer) attributable to such elected quali- 401(k)S.—For purposes of the Internal Rev- to reimburse them for fishing income fied settlement income. enue Code of 1986, if a contribution is made lost due to the environmental con- Any adjustment under this section for any pursuant to paragraph (1) with respect to sequences of the Exxon Valdez oilspill. taxable year shall be taken into account in qualified settlement income to a Roth IRA (as defined under section 408A(b) of such It is estimated that the eventual set- applying this section for any subsequent taxable year. Code) or as a designated Roth contribution tlement could be $6.75 billion or more. (2) COORDINATION WITH FARM INCOME AVER- to an applicable retirement plan (within the My bill gives the affected fishermen, AGING.—If a qualified taxpayer makes an meaning of section 402A of such Code), as well as other plaintiffs in this case, election with respect to any qualified settle- then— a fair shake when it comes to contribu- ment income under paragraph (1) for any (A) the qualified settlement income shall tions to retirement plans and aver- taxable year, such taxpayer may not elect to be includible in taxable income, and aging of income for tax purposes. treat such amount as elected farm income (B) for purposes of section 72 of such Code, With respect to retirement plan con- under section 1301 of the Internal Revenue such contribution shall be considered to be Code of 1986. investment in the contract. tributions, my bill increases the caps (3) DEFINITIONS.—For purposes of this sub- (5) ELIGIBLE RETIREMENT PLAN.—For pur- on both deductions and income for tra- section— pose of this subsection, the term ‘‘eligible re- ditional IRAs to the extent of the in- (A) APPLICABLE PERIOD.—The term ‘‘appli- tirement plan’’ has the meaning given such come a plaintiff receives from the set- cable period’’ means the period beginning on term under section 402(c)(8)(B) of the Inter- tlement or judgment. Also, it allows January 1, 1994, and ending on December 31 nal Revenue Code of 1986. the plaintiffs to make contributions to of the year in which the elected qualified (c) QUALIFIED SETTLEMENT INCOME NOT IN- Roth IRAs and other retirement plans settlement income is received. CLUDED IN SECA.—For purposes of chapter 2 (B) APPLICABLE FRACTION.—The term ‘‘ap- of the Internal Revenue Code of 1986 and sec- to the extent of the income received plicable fraction’’ means the fraction the nu- from the settlement or judgment. tion 211 of the Social Security Act, no por- merator of which is one and the denominator tion of qualified settlement income shall be Fishermen are currently allowed to of which is the number of years in the appli- treated as gross income derived from a trade average their income over a several cable period. or business carried on by a qualified tax- year period due to the often incon- (C) ELECTED QUALIFIED SETTLEMENT IN- payer. sistent nature of the fishing business. COME.—The term ‘‘elected qualified settle- (d) QUALIFIED TAXPAYER.—For purposes of The litigation stemming from the ment income’’ means so much of the taxable this section, the term ‘‘qualified taxpayer’’ Exxon Valdez oilspill poses an even income for the taxable year which is— means any plaintiff in the civil action In re (i) qualified settlement income, and Exxon Valdez, No. 89-095-CV (HRH) (Consoli- more unique situation since fishermen (ii) specified under the election under para- and other plaintiffs have been waiting dated) (D. Alaska). graph (1). (e) QUALIFIED SETTLEMENT INCOME.—For to receive lost income—in the form of a (b) CONTRIBUTIONS OF AMOUNTS RECEIVED purposes of this section, the term ‘‘qualified settlement or judgment—for 12 years. TO RETIREMENT ACCOUNTS.— settlement income’’ means income received (1) IN GENERAL.—Any qualified taxpayer My bill allows plaintiffs to average (whether as lump sums or periodic pay- who receives qualified settlement income their income for the period of time be- ments) in connection with the civil action In during the taxable year may, at any time be- re Exxon Valdez, No. 89-095-CV (HRH) (Con- tween December 31 of the year they re- fore the end of the taxable year in which solidated) (D. Alaska). ceive the settlement or judgment pay- such income was received, make one or more ment and January 1, 1994—the year of contributions to an eligible retirement plan the original jury award in Federal of which such qualified taxpayer is a bene- By Mr. SANTORUM: court. ficiary in an aggregate amount not to exceed S. 3432. A bill to protect children It is imperative that we address this the amount of qualified settlement income from exploitation by adults over the important issue soon. The Exxon Cor- received during such year. Internet, and for other purposes; to the poration has appealed this case and a (2) TIME WHEN CONTRIBUTIONS DEEMED Committee on the Judiciary. MADE.—For purposes of paragraph (1), a decision is expected later this year. Mr. SANTORUM. Mr. President, over qualified taxpayer shall be deemed to have the past few years, we have heard the I ask unanimous consent that the made a contribution to an eligible retire- text of the bill be printed in the ment plan on the last day of the taxable year tragic stories of how sexual predators RECORD. in which such income is received if the con- have targeted children in our states. There being no objection the text of tribution is made on account of such taxable We have seen troubling headlines from the bill was ordered to be printed in year and is made not later than the time pre- Pennsylvania and across the country, scribed by law for filing the return for such the RECORD, as follows: and the frequency seems to be increas- taxable year (not including extensions there- S. 3422 ing rather than decreasing. The Na- of). tional Center for Missing and Exploited Be it enacted by the Senate and House of Rep- (3) TREATMENT OF CONTRIBUTIONS TO ELIGI- Children in partnership with the Fed- resentatives of the United States of America in BLE RETIREMENT PLANS.—For purposes of the Congress assembled, Internal Revenue Code of 1986, if a contribu- eral Bureau of Investigation, Bureau of SECTION 1. TAX TREATMENT OF INCOME RE- tion is made pursuant to paragraph (1) with Immigration and Customs Enforce- CEIVED IN CONNECTION WITH THE respect to qualified settlement income, ment, U.S. Secret Service, U.S. Postal EXXON VALDEZ LITIGATION. then— Inspection Service, state and local law (a) INCOME AVERAGING OF AMOUNTS RE- (A) except as provided in paragraph (4)— enforcement, and Internet Crimes CEIVED FROM THE EXXON VALDEZ LITIGA- (i) to the extent of such contribution, the Against Children Task Forces operates TION.— qualified settlement income shall not be in- the CyberTipline. The number of refer- (1) IN GENERAL.—At the election of a quali- cluded in taxable income, and fied taxpayer who receives qualified settle- (ii) for purposes of section 72 of such Code, rals to the ICAC task forces has in- ment income during a taxable year, the tax such contribution shall not be considered to creased from 2,002 referrals in January- imposed by chapter 1 of the Internal Revenue be investment in the contract, and March 2005 to 3,392 referrals in Janu- Code of 1986 for such taxable year shall be (B) the qualified taxpayer shall, to the ex- ary-March 2006. Additionally, the pros- equal to the sum of— tent of the amount of the contribution, be ecutions in child pornography and (A) the tax which would be imposed under treated— child abuse cases have increased nearly such chapter if— (i) as having received the qualified settle- every year since 1995. (i) no amount of elected qualified settlement income— Recently Congress has heard dis- ment income were included in gross income (I) in the case of a contribution to an indi- for such year, and vidual retirement plan (as defined under sec- turbing and saddening accounts of how (ii) no deduction were allowed for such tion 7701(a)(37) such Code), in a distribution these predators have used the Internet year for expenses (otherwise allowable as a described in section 408(d)(3) of such Code, to exploit our children. As a father of deduction to the taxpayer for such year) at- and six, I am keenly aware of the dangers

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5495 to our children and the concerns of par- ually explicit material, and prohibit I would like to submit for the ents across Pennsylvania and the Na- the embedding of words or images on a RECORD personal testimony offered by tion. In February, the Department of Website in order to deceive individuals three families in Connecticut. I believe Justice launched Project Safe Child- into viewing obscenity or material their words and experiences speak most hood, a initiative to ‘‘combat the pro- harmful to minors; increase penalties directly to the ‘‘burden of suffering’’ liferation of technology-facilitated sex- for registered sex offenders, child sex described in Surgeon General Satcher’s ual exploitation crimes against chil- trafficking and sexual abuse, and other report—a burden endured by millions dren.’’ child exploitation crimes; create Chil- of children, adolescents, and then fami- ‘‘Project Safe Childhood’’ has five dren’s Safety Online Awareness Cam- lies nationwide. I ask unanimous con- main purposes. First, it seeks to inte- paigns; and authorize grants for online sent that this testimony be printed in grate Federal, State, and local efforts child safety programs. the RECORD. to investigate and prosecute child ex- The bill authorizes $18 million for fis- There being no objection, the mate- ploitation cases including partnerships cal year 2007 for the initial implemen- rial was ordered to be printed in the by each U.S. Attorney with each Inter- tation of Project Safe Childhood, and RECORD, as follows: net Crimes Against Children Task up to $29 million for the expansion of TESTIMONY Force in their district, other Federal, the program for fiscal year 2007, and DEAR SENATOR DODD, I wanted to take a State, and local law enforcement, and such sums as may be necessary for moment to share with you what my experi- community and faith-based organiza- each of the 5 succeeding fiscal years. ence has been navigating services for my son tions to develop district-specific stra- I know all of us—particularly those who has been diagnosed with severe psy- tegic plans to combat and prosecute of us with children—want to know how chosis and bipolar disorder. Due to the lack child exploitation crimes. Second, the to keep our children safe, and want to of psychiatric services when the extended Project allows major case coordination know that anyone that endangers or day program my son attended was closed by the Department of Justice or other down, my son as well as seven other kids harms our children will be punished. I where left without the services they so need- appropriate Federal agency. Third, it am glad to be here to take this impor- ed. After a couple of weeks they started to increases Federal involvement in child tant step in protecting our children. I have meltdowns. My son was one of them. exploitation cases by providing addi- hope my colleagues will agree with me The fact that he attended a therapeutic tional investigative tools and increased and we will pass the Project Safe Child- school didn’t at this point make a difference. penalties available under Federal law. hood Authorization Act this year. After two short hospitalizations (one was for Fourth, the Project provides increased two weeks the other four weeks) my son, who training of Federal, State, and local By Mr. DODD: is 12 years old, has been sitting at [a mental law enforcement regarding the inves- S. 3449. A bill to amend the Public health services facility] for the past 9 weeks Health Service Act to improve the awaiting availability for sub-acute care. In tigation and prosecution of computer- the meantime he is not receiving the level of facilitated crimes against children. Fi- quality and availability of mental care that he needs. nally, it promotes community aware- health services for children and adoles- Services are so limited at this point in ness and educational programs to raise cents; to the Committee on Health, time that because of time of delivery chil- national awareness about the threat of Education, Labor, and Pensions, dren who may have benefitted from less in- online sexual predators and to provide Mr. DODD. Mr. President, I rise to tensive intervention are being put in a posi- information to families on how to re- introduce legislation that seeks to tion where by the time they receive care port possible violations. meet the mental health needs of chil- they are in need of higher level care that to According to recent Congressional dren and adolescents. me doesn’t seem very cost effective when I believe that the task of ensuring you look at long term care. I often think testimony from Alice S. Fisher, Assist- about what would be different if my child ant U.S. Attorney in charge of the the emotional well-being and resiliency was diabetic. Would he only receive services Criminal Division, and from William of our young people is one of para- when available, and would they be appro- W. Mercer, Principle Associate Deputy mount importance. We all know that priate to his medical needs? Attorney General noted, this initiative mental health is a critical component I can’t explain in one letter what my son’s is working. contributing to a child’s general health illness has done to our family and how dif- On May 17, 2006, the Department of and ability to grow—both intellectu- ficult it is for all of us. Mental Health is a Justice released a document that out- ally and physically. Yet, the task of cruel monster who enters your life in some- lines the need for this project, an over- ensuring the mental health of children times undetected ways and when it finally attacks the blow can be fatal. The media has view of the program and guides for how and adolescents is not an easy one. In succeeded in painting a picture of individ- law enforcement, parents, teachers, fact, it is arguably one of the most dif- uals like my son as real dangers to society if and communities can come together to ficult and largely unspoken tasks fac- not in proper treatment but what they have implement this program effectively. ing our Nation today. failed to shed light on is the lack of such While I am encouraged by the DOJ ac- According to the Substance Abuse services. My son deserves a better quality of tions to raise the profile and enforce- and Mental Health Services Adminis- services as well as a better quality of life. ment through Project Safe Childhood— tration, one in ten children and adoles- and appreciate all that many at the cents suffers from mental health dis- DEAR SENATOR DODD, The following is to orders serious enough to cause some share some of what my family is struggling Department of Justice and the State with due to my son’s mental illness. My son and local levels are doing to catch and level of impairment. Out of these has been diagnosed with severe depression prosecute these predators—I am con- young people, only one in five receives and mood disorder; he has mutilated himself cerned that this program does not have the specialty mental health services various times and is a cutter. [My son] has the legislative authorization or dedi- they require. been hospitalized three times due to this on- cated funding that it needs to accom- These startling statistics prompted going behavior; he is in need of sub-acute plish its goal of protecting our chil- former Surgeon General Dr. David treatment but has only received stabiliza- dren. Satcher to convene a conference in 1999 tion services and out-patient services be- I intend to work to help the Depart- that examined the mental health needs cause the level of treatment that he needs is not available for boys 14 years or older. In ment of Justice fully implement and of children. The conference—composed the meantime we have extended day pro- expand this initiative, therefore, I am of some of the Nation’s leading experts grams, voluntary services as well as systems introducing the Project Safe Childhood in mental and public health—published of care in place yet the services he needs are Authorization Act. Specifically, the a seminal report that concluded that not available. For a mother with three addi- bill will authorize and expand Project ‘‘ . . . the burden of suffering experi- tional children with special needs I have se- Safe Childhood; add new elements re- enced by children with mental illness rious concerns for my son’s safety. Who will garding child exploitation crimes that and their families has created a health be accountable if at some point my son suc- have been requested by the Department crisis in this country.’’ The report fur- ceeds in taking his own life when I have seeked services and I am told over and over of Justice to strengthen the require- ther concluded that ‘‘. . . there is again that they are not available? ments to effectively report child por- broad evidence that the Nation lacks a I really would like Congress to take a look nography, require warning labels on unified infrastructure to help children at the great deal of families fighting our own commercial Websites that contain sex- suffering from mental illness.’’ personal battles with these unseen enemies.

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5496 CONGRESSIONAL RECORD — SENATE June 6, 2006 We need weapons if we are to win these bat- referred me to Mass. General’s Pediatric me, and for following me to share their tles. We need more psychiatric services made Psychopharmacology Unit. I called, my son experiences publicly. More impor- available to all of our children regardless of was seen within 3 weeks and a diagnosis of tantly, I commend their tenacity in age or gender. Early Onset Bipolar Disorder as well as Major Multiple Anxiety Disorder was given. facing the challenges they face each SENATOR DODD, My son was always ‘‘dif- My son had already had an appointment with and every day in caring for their chil- ferent,’’ ‘‘difficult,’’ and ‘‘didn’t socialize a new psychiatrist within the next couple of dren. Their stories, along with the sto- well with the other children,’’ according to weeks and medications were changed to re- ries I have heard from other families in the daycare centers, camps, after school pro- flect the new diagnosis—unfortunately, too Connecticut and elsewhere in the coun- grams and even in the early part of kinder- little too late. garten. His kindergarten school teacher was try, have fueled my belief that child My son, ended up in the hospital for 3 and adolescent mental health needs to concerned enough to refer us to the school months and then in a sub-acute unit 41⁄2 social worker when he held a plastic knife up months, despite all of the in-home services be a top priority. to a fellow classmates throat and said he was we had on board, partially because the wait- Recognizing the fragmentation of the going to slit it. She suggested parenting ing time between services were detrimental classes and perhaps family therapy. Since it Nation’s mental health delivery sys- and the length of the services were not long tem, Surgeon General Satcher’s report was only my son and I as I was divorced and enough. When the service finally started to his father was not in the picture, of course I work, it was time to pull out. My son never concluded that one fundamental way to eagerly complied. I brought him to his pedia- engaged in any service because he knew if he meet the mental—health needs of chil- trician as well, who suggested behavior got attached to anyone they were going to be dren and adolescents is to ‘‘. . . move modification and consistency. No one was gone in a short time anyway and his attitude towards a community-based mental more consistent than I was a parent. I was why bother? I can’t say I blamed him. learned this early on with my son. health delivery system that balances For a child who needed consistency in his health promotion, disease prevention, I sat through hours of parenting tapes, life there wasn’t a lot of it with the pro- learning nothing new, while my son played viders. He went to a residential setting for 18 early detection, and universal access to with Legos and puppets. This service was on months following the sub-acute unit and fi- care.’’ The report further stated eight a sliding fee scale offered by our town and nally came back home. On his last day at the goals to ensure the resiliency of chil- even so all I could afford to go was every residential treatment center he was as- dren and adolescents. These goals were: other week. When my son was seven years saulted by a staff member who was found old I woke up in the wee hours of the morn- first, to promote public awareness of guilty and fired. At the same time, HUSKY children’s mental health issues and re- ing to find him standing in the middle of the notified me, that my premium would in- kitchen surrounded by knives holding onto duce stigma associated with mental ill- crease to 221.00 per month as I was over the ness; second, to continue to develop, one in each hand. Although I was shocked income limit by 200.00 for a family of 2. I and more scared than I had ever been in my called and tried to plead my case, as they disseminate, and implement scientif- entire life I instinctively knew I had to stay were unaware of my living expenses, such as ically-proven prevention and treat- calm, that this was something beyond his rent, past medical bills I was trying to catch ment services in the field of children’s control. I asked him what he was doing up, up on, etc. but they go by gross income and mental health; third, to improve the maintaining eye contact, and he said that don’t take into account any other issues. I there was a devil on one side telling him to assessment of and recognition of men- placed my son on my work insurance once tal health needs in children; fourth, to hurt himself and an angel on the other tell- again. Try as I might, I ended up filing for ing him not to. I gathered up the knives as eliminate racial, ethnic and socio- bankruptcy two years later, the ultimate economic disparities in access to men- he was talking and spoke gently to my son embarrassment as far as I was concerned. who was so clearly in such pain. He gave me When my son came home, the discharge tal health care services; fifth, to im- the knives without even realizing he was plan was to send him to a summer program prove the infrastructure for children’s doing it, and I scooped him up and we waited called the Wilderness School for the summer. mental health services, including sup- for his psychiatrist’s office to open. He had Unbeknownst to us this program was for ju- port for scientifically-proven interven- been seeing a psychiatrist for 6 months or so, venile delinquents who were in trouble with and was on stimulants for ADHD (the first tions across professions; sixth, to in- the law for the majority of their lives and in crease access to and coordination of diagnosis of choice as usual for children). and out of the system. My son was petrified, The doctor immediately added depression quality mental health care services; and refused to stay, even saying he would with psychotic features as another diagnosis hurt himself if they made him stay. I picked seventh, to train frontline providers to and suggested hospitalization. The first of him up 11⁄2 days after dropping him off and recognize and manage mental health many hospitalizations my son would experi- scrambled to find childcare for the summer issues, and educate mental healthcare ence and the doctor also added an once again. providers about scientifically-proven antipsychotic and antidepressant medication Whether a family uses their own insurance prevention and treatment services, to the regiment. My son was in the hospital or State insurance and services, it is a catch and; finally, to monitor the access to for 10 days and was no better, so additional 22. With private insurance, services are ex- diagnoses were added, oppositional defiant and coordination of quality mental tremely limited; both time limited and the health care services. disorder, impulse control disorder and anx- type of service that is available is limited. iety disorder as well as more medications. He With HUSKY, finding providers is extremely In 2002, President Bush established started individual therapy regularly, seeing difficult. There are no specialists that will the President’s New Freedom Commis- the psychiatrist and along with the medica- take HUSKY patients, dentists, ortho- tions the co-pays were more than I could af- sion on Mental Health to study three dontists, neuropsychologists, psychiatrists, obstacles identified by the President ford, I applied for HUSKY. I was accepted, therapists and the list goes on. As a parent thankfully I thought at the time. trying to do the best for her child it was very that prevent Americans with mental My son was rapidly becoming worse, so I frustrating getting the door shut in my face illness from getting the care they re- went to the Department of Children and no matter where I turned for help. All I quire. These obstacles were identified Families for help through Voluntary Serv- wanted was to get my son the medical atten- ices. This is insulting to caring parents try- as the stigma that surrounds mental tion he so desperately needed, and I had to ing to find help for their children as the re- health care, a lack of mental health fight for everything. In an already traumatic quest has to be made via the Hotline and is parity, and the fragmented mental time in my little family’s life, this was an an embarrassment. However, it is the only health delivery system. In 2003, the unnecessary added burden. way to gain access to certain services in the My son is now a junior, still in special edu- President’s New Freedom Commission State that are not offered through private cation, but in a public high school. He’s issued a report that made a series of insurance companies. By now, my son is al- doing remarkably and I can say that it isn’t recommendations on how the Nation’s most ten years old and has been hospitalized due to the services that he received but to mental health system could be trans- many times, in several partial hospitaliza- his own strength and courage to fight his tions, intensive outpatient hospitalization formed for the better. Like Surgeon way back and make it on his own. His is programs and extended day treatment pro- General Satcher’s report, this publica- truly an incredible young man and I am so grams. He has also been removed from the tion also set forth a series of goals. proud of him. I have a bumper sticker that public school systems special education pro- reads, ‘‘I am a proud parent of an honor roll They were: first, to ensure Americans gram and out-placed into a therapeutic day student’’ which I never thought I would understand that mental health is es- program for school out of district. sential to overall health; second, to en- I made a call to the head of a psychiatric have. He earned that on his own. Thank you for this opportunity to share unit at a hospital who I had come to know sure that mental health care is my story. through my work to ask for a referral for my consumer- and family-driven; third, to son as I thought perhaps this was something Mr. DODD. I thank these families for eliminate disparities in mental health more than what the doctors were saying. He sharing their personal experiences with care services; fourth, to ensure that

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5497 early mental health screening, assess- Finally, my legislation requires exclusively pertaining to child and ad- ment, and referral services are com- States to meet their statutory obliga- olescent mental health, and report an- mon practices; fifth, to ensure that ex- tions to fund fully mental health nually to Congress on specific chal- cellent mental health care is delivered screening services under the Early and lenges and solutions associated with and research is accelerated, and; fi- Periodic Screening, Diagnostic and comprehensively addressing the mental nally, to ensure that technology is Treatment Services Program. It also health needs of children and adoles- used to access mental health care and requires current successful initiatives, cents. information. such as the Comprehensive Community The fourth and final objective that I describe these two reports because Mental Health Services for Children this legislation seeks to meet is in- the legislation I am introducing today with Serious Emotional Disturbance creasing the amount of research into seeks to address the recommendations Program, the Community Mental child and adolescent mental health. they espouse. My legislation, the Child Health Services Performance Partner- Only through intensive research can we and Adolescent Mental Health Resil- ship Block Grant, the Community Men- develop evidence-based best practices iency Act of 2006, authorizes $210 mil- tal Health Services Block Grant, and that allow us to develop services that lion in an effort to meet five principal the Jail Diversion Program, to expand fully meet the mental health needs of objectives. their scope with respect to certain re- our children. Towards that end, my The first objective is to increase ac- porting, evaluative, and service activi- legislation authorizes a new grant of cess to, and improve the quality of, ties. $12.5 million for States, localities, in- mental health care services delivered The second objective my legislation stitutions of higher education and pri- to children and adolescents. My legis- seeks to meet is ensuring greater pub- vate nonprofit organizations to iden- lation seeks to meet this objective in lic awareness and greater family par- several ways. tify and research current service, ticipation in mental health services de- training and information awareness First, it authorizes a new grant of $50 cision-making. Towards this end, my million for States to develop and im- gaps in mental health delivery systems legislation does the following: for children and adolescents. My legis- plement a comprehensive mental First, it authorizes a new grant of $10 health plan exclusively for children lation also authorizes $12.5 million to million for States, localities and pri- enhance comprehensive Federal re- and adolescents that provides commu- vate nonprofit organizations to develop nity-based mental health early inter- search and evaluation of promising policies that enable families of chil- best practices, existing disparities, psy- vention and prevention services and dren and adolescents with mental relevant support services, such as pri- chotropic medications, trauma, recov- health disorders to have increased con- ery and rehabilitation, and co-occur- mary health care, education, transpor- trol and choice over mental health tation and housing. The plan would ring disorders as they relate to child services provided and received through and adolescent mental health. have to meet a set of core operational a publicly-funded mental health sys- and evaluative requirements and would My colleague on the Health, Edu- tem. have to be developed through extensive Second, it authorizes a new grant of cation, Labor, and Pensions Com- outside consultation with children and $10 million for private nonprofit orga- mittee, Chairman ENZI, has indicated a adolescents, their families, advocates nizations to provide information on desire to bring up the Substance Abuse and health professionals. child and adolescent mental health dis- and Mental Health Services Adminis- Second, my legislation authorizes orders, services, support services and tration reauthorization measure soon. two matching grants of $22.5 million respite care to families of children and It is my hope that this legislation can each for community health centers— adolescents with or who are at risk for contribute to that reauthorization ef- many of which primarily serve low-in- mental health disorders. fort. come populations and primary health Third, it authorizes a new grant of I would like to conclude by saying care facilities, such as a pediatrician’s $10 million for private nonprofit orga- that this legislation, while comprehen- office, to provide community-based nizations to develop community coali- sive, is a first step—not a complete so- mental health services in coordination tions and public education activities lution—towards fully meeting the chal- with community mental health centers that promote child and adolescent re- lenge of ensuring the resiliency of our and/or trained mental health profes- siliency. children and adolescents. We need to sionals. In addition, my legislation author- continue working together—young peo- Third, my legislation authorizes a ple, families, doctors, counselors, new grant of $22.5 million for States, izes $10 million to establish two new nurses, teachers, advocates, and policy- localities and private nonprofit organi- technical assistance centers. These makers—since we all have a stake, ei- zations—e.g., school districts—to pro- centers are designed to collect and dis- ther professional or personal—in this vide community-based mental health seminate information on mental health issue. Only by working together can we services in schools appropriate mental disorders, mental health disorder risk develop effective and compassionate health training activities to relevant factors, mental health services, mental ways through which every young per- school and health professionals. health service access, relevant support Fourth, my legislation authorizes a services, reducing seclusion and re- son in this nation is given a solid foun- new grant of $20 million for States, lo- straints, and family participation in dation upon which to reach his or her calities and private nonprofit organiza- mental health service decision-mak- dreams in life. tions to provide community-based ing—exclusively for children and ado- I ask unanimous consent that the mental health services specifically for lescents with or at risk of mental text of this legislation be printed in at-risk mothers and their children. health disorders. the CONGRESSIONAL RECORD. Fifth, my legislation authorizes a The third objective that this legisla- There being no objection, the text of new grant of $10 million for States, lo- tion seeks to meet is for the Federal the bill was ordered to be printed in calities and private nonprofit organiza- Government to develop a policy specifi- the RECORD, as follows: cally designed to meet the unique men- tions to provide community-based S. 3449 mental health services for children and tal health needs of children and adoles- adolescents in juvenile justice systems. cents. The legislation authorizes $10 Be it enacted by the Senate and House of Rep- Sixth, my legislation authorizes $10 million for the establishment of an resentatives of the United States of America in million for the Secretary of Health and interagency coordinating committee Congress assembled, Human Services to establish, run and consisting of all Federal officials whose SECTION 1. SHORT TITLE; TABLE OF CONTENTS. evaluate a demonstration project that departments or agencies oversee men- (a) SHORT TITLE.—This Act may be cited as improves the ability of local case man- tal health activities for children and the ‘‘Child and Adolescent Mental Health Re- agers to work across the mental adolescents. Modeled after language in siliency Act of 2006’’. health, public health, substance abuse, the Garrett Lee Smith Memorial Act, (b) TABLE OF CONTENTS.—The table of con- child welfare, education, juvenile jus- my legislation requires the coordi- tents of this Act is as follows: tice and social services systems in a nating committee to consult with out- Sec. 1. Short title; table of contents. State. side parties, develop a Federal policy Sec. 2. Findings.

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0655 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5498 CONGRESSIONAL RECORD — SENATE June 6, 2006 TITLE I—STATE AND COMMUNITY AC- National Action Agenda, the burden of suf- seq.) is amended by inserting after section TIVITIES CONCERNING THE MENTAL fering experienced by children with mental 520A, the following: HEALTH OF CHILDREN AND ADOLES- illness and their families has created a ‘‘SEC. 520B. COMPREHENSIVE STATE MENTAL CENTS health crisis in this country. HEALTH PLANS. Sec. 101. Grants concerning comprehensive (6) According to the Surgeon General’s ‘‘(a) GRANTS.—The Secretary, acting state mental health plans. Conference on Children’s Mental Health: A Sec. 102. Grants concerning early interven- National Action Agenda, there is broad evi- through the Center for Mental Health Serv- tion and prevention. dence that the nation lacks a unified infra- ices, shall award a 1-year, non-renewable Sec. 103. Activities concerning mental structure to help children suffering from grant to, or enter into a 1-year cooperative health services in schools. mental illness; agreement with, a State for the development Sec. 104. Activities concerning mental (7) According to the President’s New Free- and implementation by the State of a com- health services under the early dom Commission on Mental Health, Presi- prehensive State mental health plan that ex- and periodic screening, diag- dent George Bush identified three obstacles clusively meets the mental health needs of nostic, and treatment services preventing Americans with mental illness children and adolescents, including pro- program. from getting the care they require: stigma viding for early intervention, prevention, Sec. 105. Activities concerning mental that surrounds mental illness; unfair treat- and recovery oriented services and supports health services for at-risk ment limitations and financial requirements for children and adolescents, such as mental mothers and their children. placed on mental health benefits in private and primary health care, education, trans- Sec. 106. Activities concerning interagency health insurance, and; the fragmented men- portation, and housing. case management. tal health service delivery system. ‘‘(b) APPLICATION.—To be eligible to re- Sec. 107. Grants concerning consumer and (8) According to the Surgeon General’s ceive a grant or cooperative agreement family participation. Conference on Children’s Mental Health: A under this section a State shall submit to Sec. 108. Grants concerning information on National Action Agenda, one way to ensure the Secretary an application at such time, in child and adolescent mental that the country’s health system meets the such manner, and containing such informa- health services. mental health needs of children is to move tion as the Secretary may require, includ- Sec. 109. Activities concerning public edu- towards a community-based mental health ing— cation of child and adolescent delivery system that balances health pro- ‘‘(1) a certification by the governor of the mental health disorders and motion, disease prevention, early detection, State that the governor will be responsible services. and universal access to care. for overseeing the development and imple- Sec. 110. Technical assistance center con- (9) According to the President’s New Free- mentation of the comprehensive State men- cerning training and seclusion dom Commission on Mental Health, trans- tal health plan; and and restraints. forming the country’s mental health deliv- ‘‘(2) the signature of the governor of the Sec. 111. Technical assistance centers con- ery system rests on two principles: services State. cerning consumer and family and treatments must be consumer and fam- participation. ily-centered, and; care must focus on in- ‘‘(c) REQUIREMENTS.—The Comprehensive Sec. 112. Comprehensive community mental creasing a person’s ability to successfully State Plan shall include the following: health services for children and cope with life’s challenges, on facilitating re- ‘‘(1) An evaluation of all the components of adolescents with serious emo- covery, and building resiliency. the current mental health system in the tional disturbances. (10) According to the Surgeon General’s State, including the estimated number of Sec. 113. Community mental health services Conference on Children’s Mental Health: A children and adolescents requiring and re- performance partnership block National Action Agenda, the mental health ceiving mental health services, as well as grant. and resiliency of children can be ensured by support services such as primary health care, Sec. 114. Community mental health services methods that: promote public awareness of education, and housing. block grant program. children’s mental health issues and reduce ‘‘(2) A description of the long-term objec- Sec. 115. Grants for jail diversion programs. stigma associated with mental illness; con- tives of the State for policies concerning TITLE II—FEDERAL INTERAGENCY COL- tinue to develop, disseminate, and imple- children and adolescents with mental dis- LABORATION AND RELATED ACTIVI- ment scientifically-proven prevention and orders. Such objectives shall include— TIES treatment services in the field of children’s ‘‘(A) the provision of early intervention and prevention services to children and ado- Sec. 201. Interagency coordinating com- mental health; improve the assessment of lescents with, or who are at risk for, mental mittee concerning the mental and recognition of mental health needs in health disorders that are integrated with health of children and adoles- children; eliminate racial, ethnic and socio- school systems, educational institutions, ju- cents. economic disparities in access to mental healthcare services; improve the infrastruc- venile justice systems, substance abuse pro- TITLE III—RESEARCH ACTIVITIES CON- ture for children’s mental health services, grams, mental health programs, primary CERNING THE MENTAL HEALTH OF including support for scientifically-proven care programs, foster care systems, and CHILDREN AND ADOLESCENTS interventions across professions; increase ac- other child and adolescent support organiza- Sec. 301. Activities concerning evidence- cess to and coordination of quality mental tions; based or promising best prac- healthcare services; train frontline providers ‘‘(B) a demonstrated collaboration among tices. to recognize and manage mental health agencies that provide early intervention and Sec. 302. Federal research concerning ado- issues, and educate mental healthcare pro- prevention services or a certification that lescent mental health. viders about scientifically-proven prevention entities will engage in such future collabora- SEC. 2. FINDINGS. and treatment services, and; monitor the action; Congress makes the following findings: cess to and coordination of quality mental ‘‘(C) implementing or providing for the (1) According to the Surgeon General’s healthcare services. evaluation of children and adolescents men- Conference on Children’s Mental Health: A (11) According to the President’s New Free- tal health services that are adapted to the National Action Agenda, mental health is a dom Commission on Mental Health, the local community; critical component of children’s learning and country’s mental health delivery system can ‘‘(D) implementing collaborative activities general health. be successfully transformed by methods concerning child and adolescent mental (2) According to the Surgeon General’s that: ensure Americans understand that health early intervention and prevention Conference on Children’s Mental Health: A mental health is essential to overall health; services; National Action Agenda, one in 10 children ensure mental health care is consumer and ‘‘(E) the provision of timely appropriate and adolescents suffer from mental illness family-driven; eliminate disparities in men- community-based mental health care and severe enough to cause some level of impair- tal healthcare services; ensure early mental treatment of children and adolescents in ment. health screening, assessment, and referral child and adolescent-serving settings and (3) According to the Surgeon General’s services are common practices; ensure that agencies; Conference on Children’s Mental Health: A excellent mental health care is delivered and ‘‘(F) the provision of adequate support and National Action Agenda, only one in five research is accelerated, and; technology is information resources to families of children children and adolescents who suffer from se- used to access mental health care and infor- and adolescents with, or who are at risk for, vere mental illness receive the specialty mation. mental health disorders; mental health services they require. TITLE I—STATE AND COMMUNITY ACTIVI- ‘‘(G) the provision of adequate support and (4) According to the World Health Organi- TIES CONCERNING THE MENTAL information resources to advocacy organiza- zation, childhood neuropsychiatric disorders HEALTH OF CHILDREN AND ADOLES- tions that serve children and adolescents will rise by over 50 percent by 2020, inter- CENTS with, or who are at risk for, mental health nationally, to become one of the five most SEC. 101. GRANTS CONCERNING COMPREHEN- disorders, and their families; common causes of morbidity, mortality, and SIVE STATE MENTAL HEALTH ‘‘(H) identifying and offering access to disability among children. PLANS. services and care to children and adolescents (5) According to the Surgeon General’s Subpart 3 of part B of title V of the Public and their families with diverse linguistic and Conference on Children’s Mental Health: A Health Service Act (42 U.S.C. 290bb–31 et cultural backgrounds;

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5499 ‘‘(I) identifying and offering equal access heads responsible for child and adolescent provide child and adolescent mental health to services in all geographic regions of the mental health, substance abuse, child wel- early intervention and prevention services to State; fare, medicaid, public health, developmental eligible children and adolescents, and to pro- ‘‘(J) identifying and offering appropriate disabilities, social services, juvenile justice, vide referral services to, or early interven- access to services in geographical regions of housing, and education. tion and prevention services in coordination the State with above-average occurrences of ‘‘(2) CONSULTATION.—In developing and im- with, community mental health centers and child and adolescent mental health dis- plementing the comprehensive State mental other appropriately trained providers of orders; health plan under a grant or cooperative care. ‘‘(K) identifying and offering appropriate agreement under this section, the State shall ‘‘(b) APPLICATION.—To be eligible to re- access to services in geographical regions of consult with— ceive a grant or cooperative agreement the State with above-average rates of chil- ‘‘(A) the Federal interagency coordinating under subsection (a) an entity shall— dren and adolescents with co-occurring men- committee established under section 401 of ‘‘(1) be a community health center that re- tal health and substance abuse disorders; the Child and Adolescent Mental Health Re- ceives assistance under section 330; ‘‘(L) offering continuous and up-to-date in- siliency Act of 2006; ‘‘(2) prepare and submit to the Secretary formation to, and carrying out awareness ‘‘(B) State and local agencies, including an application at such time, in such manner, campaigns that target children and adoles- agencies responsible for child and adolescent and containing such information as the Sec- cents, parents, legal guardians, family mem- mental health care, early intervention and retary may require; bers, primary care professionals, mental prevention services under titles IV, V, and ‘‘(3) provide assurances that the entity will health professionals, child care profes- XIX of the Social Security Act, and the have appropriately qualified behavioral sionals, health care providers, and the gen- State’s Children’s Health Insurance Program health professional staff to ensure prompt eral public and that highlight the risk fac- under title XXI of the Social Security Act; treatment or triage for referral to a spe- tors associated with mental health disorders ‘‘(C) State mental health planning councils ciality agency or provider; and and the life-saving help and care available (described in section 1914); ‘‘(4) provide assurances that the entity will from early intervention and prevention serv- ‘‘(D) local, State, and national advocacy encourage formal coordination with commu- ices; organizations that serve children and adoles- nity mental health centers and other appro- ‘‘(M) ensuring that information and aware- cents with or who are at risk for mental priate providers to ensure continuity of care. ness campaigns on mental health disorder health disorders and their families; ‘‘(c) IDENTIFICATION.—In providing services risk factors, and early intervention and pre- ‘‘(E) relevant national medical and other with amounts received under a grant or co- vention services, use effective and cul- health professional and education specialty operative agreement under this section, an turally-appropriate communication mecha- organizations; entity shall ensure that appropriate screen- nisms that are targeted to and reach adoles- ‘‘(F) children and adolescents with mental ing tools are used to identify at-risk children cents, families, schools, educational institu- health disorders and children and adoles- and adolescents who are eligible to receive tions, juvenile justice systems, substance cents who are currently receiving early care from a community health centers. abuse programs, mental health programs, intervention or prevention services; ‘‘(d) MATCHING REQUIREMENT.—With re- primary care programs, foster care systems, ‘‘(G) families and friends of children and spect to the costs of the activities to be car- and other child and adolescent support orga- adolescents with mental health disorders and ried out by an entity under a grant or coop- nizations; children and adolescents who are currently erative agreement under this section, an en- ‘‘(N) implementing a system to ensure that receiving early intervention or prevention tity shall provide assurances that the entity primary care professionals, mental health services; will make available (directly or through do- professionals, and school and child care pro- ‘‘(H) families and friends of children and nations from public or private entities) non- fessionals are properly trained in evidence- adolescents who have attempted or com- Federal contributions towards such costs in based best practices in child and adolescent pleted suicide; an amount that is not less than $1 for each mental health early intervention and preven- ‘‘(I) qualified professionals who possess the $1 of Federal funds provided under the grant tion, treatment and rehabilitation services specialized knowledge, skills, experience, or cooperative agreement. and that those professionals involved with training, or relevant attributes needed to ‘‘SEC. 597A. GRANTS FOR PRIMARY CARE AND providing early intervention and prevention serve children and adolescents with or who MENTAL HEALTH EARLY INTERVEN- TION AND PREVENTION SERVICES. services are properly trained in effectively are at risk for mental health disorders and ‘‘(a) IN GENERAL.—The Secretary shall identifying children and adolescents with or their families; and award 5-year matching grants to, or enter who are at risk for mental health disorders; ‘‘(J) third-party payers, managed care or- into cooperative agreements with, States, ‘‘(O) the provision of continuous training ganizations, and related employer and com- political subdivisions of States, consortium activities for primary care professionals, mercial industries. mental health professionals, and school and of political subdivisions, tribal organiza- ‘‘(3) SIGNATURE.—The Governor of the tions, public organizations, or private non- child care professionals on evidence-based or State shall sign the comprehensive State profit organizations to enable such entities promising best practices; mental health plan application and be re- to provide assistance to mental health pro- ‘‘(P) the provision of continuous training sponsible for overseeing the development and grams for early intervention and prevention activities for primary care professionals, implementation of the plan. services to children and adolescents with, or mental health professionals, and school and ‘‘(f) SATISFACTION OF OTHER FEDERAL RE- who are at-risk of, mental health disorders child care professionals on family and con- QUIREMENTS.—A State may utilize the com- and that are in primary care settings. sumer involvement and participation; prehensive State mental health plan that ‘‘(Q) conducting annual self-evaluations of ‘‘(b) APPLICATION.—To be eligible to re- meets the requirements of this section to ceive a grant or cooperative agreement all outcomes and activities, including con- satisfy the planning requirements of other sulting with interested families and advo- under subsection (a) an entity shall— Federal mental health programs adminis- ‘‘(1) be a State, a political subdivision of a cacy organizations for children and adoles- tered by the Secretary, including as the cents. State, a consortia of political subdivisions, a Community Mental Health Services Block tribal organization, a public organization, or ‘‘(3) A cost-assessment relating to the de- Grant and the Children’s Mental Health velopment and implementation of the State private nonprofit organization; and Services Program, so long as the require- ‘‘(2) prepare and submit to the Secretary plan and a description of how the State will ments of such programs are satisfied through measure performance and outcomes across an application at such time, in such manner, the plan. and containing such information as the Sec- relevant agencies and service systems. ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— retary may require. ‘‘(4) A timeline for achieving the objectives There is authorized to be appropriated to ‘‘(c) USE OF FUNDS.—An entity shall use described in paragraph (2). carry out this section $50,000,000 for fiscal ‘‘(5) An outline for achieving the sustain- amounts received under a grant or coopera- year 2007, and such sums as may be necessary tive agreement under this section to— ability of the objectives described in para- for each of fiscal years 2008 through 2011.’’. graph (2). ‘‘(1) provide appropriate child and adoles- SEC. 102. GRANTS CONCERNING EARLY INTER- cent mental health early intervention and ‘‘(d) APPLICATION OF OTHER REQUIRE- VENTION AND PREVENTION. MENTS.—The authorities and duties of State prevention assessment services; Title V of the Public Health Services Act ‘‘(2) provide appropriate child and adoles- mental health planning councils provided for (42 U.S.C. 290aa et seq.) is amended by adding under sections 1914 and 1915 with respect to cent mental health treatment services; at the end the following: State mental health block grant planning ‘‘(3) provide monitoring and referral for shall apply to the development and the im- ‘‘PART K—MISCELLANEOUS MENTAL specialty treatment of medical or surgical plementation of the comprehensive State HEALTH PROVISIONS conditions for children and adolescents ; and mental health plan. ‘‘SEC. 597. GRANTS FOR MENTAL HEALTH ASSESS- ‘‘(4) facilitate networking between primary ‘‘(e) PARTICIPATION AND IMPLEMENTATION.— MENT SERVICES. care professionals, mental health profes- ‘‘(1) PARTICIPATION.—In developing and im- ‘‘(a) IN GENERAL.—The Secretary shall sionals, and child care professionals for— plementing the comprehensive State mental award 5-year matching grants to, or enter ‘‘(A) case management development; health plan under a grant or cooperative into cooperative agreements with, commu- ‘‘(B) professional mentoring; and agreement under this section, the State shall nity health centers that receive assistance ‘‘(C) enhancing the provision of mental ensure the participation of the State agency under section 330 to enable such centers to health services in schools.

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‘‘(d) MATCHING REQUIREMENTS.—With re- (C) assisting families, including providing schools and educational institutions that en- spect to the costs of the activities to be car- families with resources on mental health courage such schools and institutions to pro- ried out by an entity under a grant or coop- services for children and adolescents and a vide counseling and positive behavioral sup- erative agreement under this section, an en- link to relevant local and national advocacy ports, including referrals for needed early tity shall provide assurances that the entity and support organizations; intervention and prevention services, treat- will make available (directly or through do- (2) collaborate on expanding and fostering ment, and rehabilitation to children and ado- nations from public or private entities) non- a mental health promotion and early inter- lescents who are disruptive or who use drugs Federal contributions towards such costs in vention strategy with respect to children and show signs or symptoms of mental an amount that is not less than $1 for each and adolescents that focuses on emotional health disorders. Such schools and institu- $1 of Federal funds provided under the grant well being and resiliency and fosters aca- tions shall be encouraged to provide such or cooperative agreement. demic achievement; services to children and adolescents in lieu ‘‘SEC. 597B. GRANTS FOR MENTAL HEALTH AND (3) encourage elementary and secondary of suspension, expulsion, or transfer to a ju- PRIMARY CARE EARLY INTERVEN- schools and educational institutions to use venile justice system without any support TION AND PREVENTION SERVICES. positive behavioral support procedures and referral services or system of care. ‘‘(a) IN GENERAL.—The Secretary shall functional behavioral assessments on a (d) STUDY.— award 5-year matching grants to, or enter school-wide basis as an alternative to sus- (1) IN GENERAL.—The Government Account- into cooperative agreements with, States, pending or expelling children and adoles- ability Office shall conduct a study to assess political subdivisions of States, consortium cents with or who are at risk for mental the scientific validity of the Federal defini- of political subdivisions, tribal organiza- health needs; and tion of a child or adolescent with an ‘‘emo- tions, public organizations, or private non- (4) provide technical assistance to elemen- tional disturbance’’ as provided for in the profit organizations to enable such entities tary and secondary schools and educational regulations of the Department of Education to provide assistance to primary care pro- institutions to implement the provisions of under the Individuals with Disabilities Edu- grams for children and adolescents with, or paragraphs (1) through (3). who are at-risk of, mental health disorders cation Act (20 U.S.C. 1400 et seq.), and wheth- (b) GRANTS.— er, as written, such definition now excludes who are in mental health settings. (1) IN GENERAL.—The Secretary of Edu- ‘‘(b) APPLICATION.—To be eligible to re- children and adolescents inappropriately cation, in collaboration with the Secretary through a determination that those children ceive a grant or cooperative agreement of Health and Human Services, shall award under subsection (a) an entity shall— and adolescents are ‘‘socially maladjusted’’. grants to, or enter into cooperative agree- ‘‘(1) be a State, a political subdivision of a (2) REPORT.—Not later than 1 year after ments with, States, political subdivisions of State, a consortia of political subdivisions, a the date of enactment of this Act, the Gov- States, consortium of political subdivisions, tribal organization, or a private nonprofit ernment Accountability Office shall submit tribal organizations, public organizations, organization; and to the appropriated committees of Congress private nonprofit organizations, elementary ‘‘(2) prepare and submit to the Secretary a report concerning the results of the study and secondary schools, and other educational conducted under paragraph (1). an application at such time, in such manner, institutions to provide directly or provide and containing such information as the Sec- (e) RULE OF CONSTRUCTION.—Nothing in access to mental health services and case this section shall be construed— retary may require. management of services in elementary and ‘‘(c) USE OF FUNDS.—An entity shall use (1) to supercede the provisions of section secondary schools and other educational set- amounts received under a grant or coopera- 444 of the General Education Provisions Act tings. tive agreement under this section to— (20 U.S.C. 1232g), including the requirement (2) APPLICATION.—To be eligible to receive ‘‘(1) provide appropriate primary health of prior parental consent for the disclosure a grant or cooperative agreement under care services, including screening, routine of any education records; and paragraph (1) an entity shall— treatment, monitoring, and referral for spe- (2) to modify or affect the parental notifi- (A) be a State, a political subdivision of a cialty treatment of medical or surgical con- cation requirements for programs authorized State, a consortia of political subdivisions, a ditions; under the Elementary and Secondary Edu- tribal organization, a public organization, a ‘‘(2) provide appropriate monitoring of cation Act of 1965 (20 U.S.C. 6301 et seq.). private nonprofit organization, an elemen- medical conditions of children and adoles- (f) AUTHORIZATION OF APPROPRIATIONS.— tary or secondary school, or an educational cents receiving mental health services from There is authorized to be appropriated to institution; and the applicant and refer them, as needed, for carry out this section $22,500,000 for fiscal (B) prepare and submit to the Secretary an specialty treatment of medical or surgical year 2007, and such sums as may be necessary application at such time, in such manner, conditions; and for each of fiscal years 2008 through 2011. and containing such information as the Sec- ‘‘(3) facilitate networking between primary SEC. 104. ACTIVITIES CONCERNING MENTAL retary may require, including an assurance care professionals, mental health profes- HEALTH SERVICES UNDER THE that the entity will— sionals and child care professionals for— EARLY AND PERIODIC SCREENING, (i) provide directly or provide access to DIAGNOSTIC, AND TREATMENT ‘‘(A) case management development; and early intervention and prevention services in SERVICES PROGRAM. ‘‘(B) professional mentoring. settings with an above average rate of chil- (a) NOTIFICATION.—The Secretary of Health ‘‘(d) MATCHING FUNDS.—With respect to the and Human Services, acting through the Di- costs of the activities to be carried out by an dren and adolescents with mental health dis- rector of the Centers for Medicare and Med- entity under a grant or cooperative agree- orders; ment under this section, an entity shall pro- (ii) provide directly or provide access to icaid Services, shall notify State Medicaid vide assurances that the entity will make early intervention and prevention services in agencies of— available (directly or through donations settings with an above average rate of chil- (1) obligations under section 1905(r) of the from public or private entities) non-Federal dren and adolescents with co-occurring men- Social Security Act with respect to the iden- contributions towards such costs in an tal health and substance abuse disorders; and tification of children and adolescents with amount that is not less than $1 for each $1 of (iii) demonstrate a broad collaboration of mental health disorders and of the avail- Federal funds provided under the grant or parents, primary care professionals, school ability of validated mechanisms that aid pe- cooperative agreement. and mental health professionals, child care diatricians and other primary care profes- ‘‘SEC. 597C. AUTHORIZATION OF APPROPRIA- processionals including those in educational sionals to incorporate such activities; and TIONS. settings, legal guardians, and all relevant (2) information on financing mechanisms ‘‘There is authorized to be appropriated to local agencies and organizations in the appli- that such agencies may use to reimburse pri- carry out this part $22,500,000 for fiscal year cation for, and administration of, the grant mary care professionals, mental health pro- 2007, and such sums as may be necessary for or cooperative agreement. fessionals, and child care professionals who each of fiscal years 2008 through 2011.’’. (3) USE OF FUNDS.—An entity shall use provide mental health services as authorized SEC. 103. ACTIVITIES CONCERNING MENTAL amounts received under a grant or coopera- under such definition of early and period HEALTH SERVICES IN SCHOOLS. tive agreement under this subsection to pro- screening, diagnostic, and treatment serv- (a) EFFORTS OF SECRETARY TO IMPROVE THE vide— ices. MENTAL HEALTH OF STUDENTS.—The Sec- (A) mental health identification services; (b) REQUIREMENTS.—State Medicaid agen- retary of Education, in collaboration with (B) early intervention and prevention serv- cies who receive funds for early and period the Secretary of Health and Human Services, ices to children and adolescents with or who screening, diagnostic, and treatment serv- shall— are at-risk of mental health disorders; and ices funding shall provide an annual report (1) encourage elementary and secondary (C) mental health-related training to pri- to the Secretary of Health and Human Serv- schools and educational institutions to ad- mary care professionals, school and mental ices that— dress mental health issues facing children health professionals, and child care profes- (1) analyzes the rates of eligible children and adolescents by— sionals, including those in educational set- and adolescents who receive mental health (A) identifying children and adolescents tings. identification services of the type described with, or who are at-risk for, mental health (c) COUNSELING AND BEHAVIORAL SUPPORT in subsection (a)(1) under the medicaid pro- disorders; GUIDELINES.—The Secretary of Education, in gram in the State; (B) providing or linking children and ado- collaboration with the Secretary of Health (2) analyzes the ways in which such agency lescents to appropriate mental health serv- and Human Services, shall develop and issue has used financing mechanisms to reimburse ices and supports; and guidelines to elementary and secondary primary care professionals, mental health

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5501 professionals, and child care professionals by section 106, is further amended by adding by section 108, is further amended by adding who provide such mental health services; at the end the following: at the end the following: (3) identifies State program rules and fund- ‘‘SEC. 597D. CONSUMER AND FAMILY CONTROL IN ‘‘SEC. 597F. ACTIVITIES CONCERNING PUBLIC ing policies that may impede such agency CHILD AND ADOLESCENT MENTAL EDUCATION OF CHILD AND ADOLES- from meeting fully the Federal requirements HEALTH SERVICE DECISIONS. CENT MENTAL HEALTH DISORDERS with respect to such services under the med- ‘‘(a) GRANTS.—The Secretary shall award AND SERVICES. icaid program; and grants to, or enter into cooperative agree- ‘‘(a) EDUCATIONAL CAMPAIGN.—The Sec- (4) makes recommendations on how to ments with, States, political subdivisions of retary shall develop, coordinate, and implement an educational campaign to increase overcome the impediments identified under States, consortium of political subdivisions, public understanding of mental health pro- paragraph (3). and tribal organizations for the development of policies and mechanisms that enable con- motion, child and adolescent emotional well- SEC. 105. ACTIVITIES CONCERNING MENTAL sumers and families to have increased con- being and resiliency, and risk factors associ- HEALTH SERVICES FOR AT-RISK ated with mental health disorders in chil- MOTHERS AND THEIR CHILDREN. trol and choice over child and adolescent dren and adolescents. Title V of the Social Security Act (42 mental health services received through a ‘‘(b) GRANTS.— U.S.C. 701 et seq.) is amended by adding at publicly-funded mental health system. ‘‘(1) IN GENERAL.—The Secretary shall the end the following: ‘‘(b) APPLICATION.—To be eligible to receive a grant or cooperative agreement award grants to, or enter into cooperative ‘‘SEC. 511. ENHANCING MENTAL HEALTH SERV- under subsection (a) an entity shall— agreements with, public and private non- ICES FOR AT-RISK MOTHERS AND profit organizations with qualified experi- THEIR CHILDREN. ‘‘(1) be a State, a political subdivision of a State, a consortia of political subdivisions, ence in public education to build community ‘‘(a) GRANTS.—The Secretary shall award coalitions and increase public awareness of grants to, or enter into cooperative agree- or a tribal organization; and ‘‘(2) prepare and submit to the Secretary mental health promotion, child and adoles- ments with, States, political subdivisions of cent emotional well-being and resiliency, States, consortium of political subdivisions, an application at such time, in such manner, and containing such information as the Sec- and risk factors associated with mental tribal organizations, public organizations, health disorders in children and adolescents. and private nonprofit organizations to pro- retary may require. ‘‘(c) USE OF FUNDS.—An entity shall use ‘‘(2) APPLICATION.—To be eligible to receive vide appropriate mental health promotion amounts received under a grant or coopera- a grant or cooperative agreement under and mental health services to at-risk moth- tive agreement under this section to carry paragraph (1), an entity shall— ers, grandmothers who are legal guardians, out the activities described in subsection (a). ‘‘(A) be a public or private nonprofit orga- and their children. Such activities may include— nization; and ‘‘(b) APPLICATION.—To be eligible to re- ‘‘(1) the facilitation of mental health serv- ‘‘(B) prepare and submit to the Secretary ceive a grant or cooperative agreement ice planning meetings by consumer and fam- an application at such time, in such manner, under subsection (a) an entity shall— ily advocates, particularly peer advocates; and containing such information as the Sec- ‘‘(1) be a State, a political subdivision of a ‘‘(2) the development of consumer and fam- retary may require. State, a consortia of political subdivisions, a ily cooperatives; and ‘‘(3) USE OF FUNDS.—Amounts received tribal organization, a public organization, or ‘‘(3) the facilitation of national networking under a grant or contract under this sub- a private nonprofit organization; and between State political subdivisions and section shall be used to— ‘‘(2) prepare and submit to the Secretary tribal organizations engaged in promoting ‘‘(A) develop community coalitions to sup- an application at such time, in such manner, increased consumer and family participation port the purposes of paragraph (1); and and containing such information as the Sec- in decisions regarding mental health services ‘‘(B) develop and implement public edu- retary may require. for children and adolescents. cation activities that compliment the activi- ‘‘(c) USE OF FUNDS.—Amounts received ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ties described in subsection (a) and support under a grant or cooperative agreement There is authorized to be appropriated to the purposes of paragraph (1). under this section shall be used to— carry out this section, $10,000,000 for fiscal ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) provide mental health early interven- year 2007, and such sums as may be necessary There is authorized to be appropriated to tion, prevention, and case management serv- for each of fiscal years 2008 through 2011.’’. carry out this section, $10,000,000 for fiscal ices; SEC. 108. GRANTS CONCERNING INFORMATION year 2007, and such sums as may be necessary ‘‘(2) provide mental health treatment serv- ON CHILD AND ADOLESCENT MEN- for each of fiscal years 2008 through 2011.’’. ices; and TAL HEALTH SERVICES. SEC. 110. TECHNICAL ASSISTANCE CENTER CON- ‘‘(3) provide monitoring and referral for Part K of title V of the Public Health Serv- CERNING TRAINING AND SECLUSION specialty treatment of medical or surgical ice Act, as added by section 102 and amended AND RESTRAINTS. conditions. by section 107, is further amended by adding Part K of title V of the Public Health Serv- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— at the end the following: ice Act, as added by section 102 and amended by section 109, is further amended by adding There is authorized to be appropriated to ‘‘SEC. 597E. INCREASED INFORMATION ON CHILD carry out this section, $20,000,000 for fiscal AND ADOLESCENT MENTAL HEALTH at the end the following: year 2007, and such sums as may be necessary SERVICES. ‘‘SEC. 597G. TECHNICAL ASSISTANCE CENTER for each of fiscal years 2008 through 2011.’’. ‘‘(a) GRANTS.—The Secretary shall award CONCERNING SECLUSION AND RE- STRAINTS. SEC. 106. ACTIVITIES CONCERNING INTER- grants to, or enter into cooperative agree- ‘‘(a) SECLUSION AND RESTRAINTS.—Acting AGENCY CASE MANAGEMENT. ments with, private nonprofit organizations through the technical assistance center es- Part L of title V of the Public Health Serv- to enable such organizations to provide in- tablished under subsection (b), the Secretary ice Act, as added by section 102, is amended formation on child and adolescent mental shall— by adding at the end the following: health and services, consumer or parent-to- ‘‘(1) develop and disseminate educational ‘‘SEC. 597C. INTERAGENCY CASE MANAGEMENT. parent support services, respite care, and other relevant support services to— materials that encourage ending the use of ‘‘(a) IN GENERAL.—The Secretary shall es- seclusion and restraints in all facilities or tablish a program to foster the ability of ‘‘(1) parents and legal guardians of children or adolescents with or who are at risk for programs in which a child or adolescent re- local case managers to work across the men- sides or receives care or services; tal health, substance abuse, child welfare, mental health disorders; and ‘‘(2) families of adolescents with or who are ‘‘(2) gather, analyze, and disseminate infor- education, and juvenile justice systems in a mation on best or promising best practices State. As part of such program, the Sec- at risk for mental health disorders. ‘‘(b) APPLICATION.—To be eligible to re- that can minimize conflicts between parents, retary shall develop a model system that— ceive a grant or cooperative agreement legal guardians, primary care professionals, ‘‘(1) establishes a training curriculum for under subsection (a) an entity shall— mental health professionals, school and child primary care professionals, mental health ‘‘(1) be a private, nonprofit organization; care professionals to create a safe environ- professionals, school and child care profes- and ment for children and adolescents with men- sionals, and social workers who work as case ‘‘(2) prepare and submit to the Secretary tal health disorders; and managers; an application at such time, in such manner, ‘‘(3) provide training for primary profes- ‘‘(2) establishes uniform standards for and containing such information as the Sec- sionals, mental health professionals, and working in multiple service systems; and retary may require. school and child care professionals on effec- ‘‘(3) establishes a cross-system case man- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— tive techniques or practices that serve as al- ager certification process. There is authorized to be appropriated to ternatives to coercive control interventions, ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— carry out this section, $10,000,000 for fiscal including techniques to reduce challenging, There is authorized to be appropriated to year 2007, and such sums as may be necessary aggressive, and resistant behaviors, that re- carry out this section $10,000,000 for fiscal for each of fiscal years 2008 through 2011.’’. quire seclusion and restraints. year 2007, and such sums as may be necessary SEC. 109. ACTIVITIES CONCERNING PUBLIC EDU- ‘‘(b) CONSULTATION.—In carrying out this for each of fiscal years 2008 through 2011.’’. CATION OF CHILD AND ADOLESCENT section, the Secretary shall consult with— SEC. 107. GRANTS CONCERNING CONSUMER AND MENTAL HEALTH DISORDERS AND ‘‘(1) local and national advocacy organiza- FAMILY PARTICIPATION. SERVICES. tions that serve children and adolescents Part K of title V of the Public Health Serv- Part K of title V of the Public Health Serv- who may require the use of seclusion and re- ice Act, as added by section 102 and amended ice Act, as added by section 102 and amended straints, and their families;

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5502 CONGRESSIONAL RECORD — SENATE June 6, 2006 ‘‘(2) relevant national medical and other vides assurances that the State will use written policy guidelines, for use by States, health and education specialty organiza- grant funds in accordance with the com- that describe how amounts received under a tions; and prehensive State mental health plan sub- grant under this section may be used to fund ‘‘(3) qualified professionals who possess the mitted under section 520B’’; and integrated treatment for children and ado- specialized knowledge, skills, experience, (2) in subsection (b), by adding at the end lescents with co-occurring substance abuse and relevant attributes needed to serve chil- the following: and mental health disorders.’’. dren and adolescents who may require the ‘‘(4) REVIEW OF POSSIBLE IMPEDIMENTS.—A SEC. 115. GRANTS FOR JAIL DIVERSION PRO- use of seclusion and restraints, and their State may use amounts received under a GRAMS. families. grant under this section to conduct an inter- Section 520G of the Public Health Service ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— agency review of State mental health pro- Act (42 U.S.C. 290bb–38)— There is authorized to be appropriated to gram rules and funding policies that may im- (1) in subsection (a), by striking ‘‘up to carry out this section, $5,000,000 for fiscal pede the development of the comprehensive 125’’; year 2007, and such sums as may be necessary State mental health plan submitted under (2) in subsection (d)— for each of fiscal years 2008 through 2011.’’. section 520B.’’. (A) in paragraph (3), by striking ‘‘and’’ at SEC. 111. TECHNICAL ASSISTANCE CENTERS CON- SEC. 113. COMMUNITY MENTAL HEALTH SERV- the end; CERNING CONSUMER AND FAMILY ICES PERFORMANCE PARTNERSHIP (B) in paragraph (4), by striking the period PARTICIPATION. BLOCK GRANT. and inserting a semicolon; and Part K of title V of the Public Health Serv- Section 1912(b) of the Public Health Serv- (C) by adding at the end the following: ice Act, as added by section 102 and amended ice Act (42 U.S.C. 300x–2(b)) is amended by ‘‘(5) provide appropriate community-based by section 110, is further amended by adding adding at the end the following: mental health and co-occurring mental ill- at the end the following: ‘‘(6) PERFORMANCE MEASURES.—The plan re- ness and substance abuse services to children ‘‘SEC. 597H. TECHNICAL ASSISTANCE CENTERS quires that performance measures be re- and adolescents determined to be at risk of CONCERNING CONSUMER AND FAM- ported for adults and children separately. contact with the law; and ILY PARTICIPATION. ‘‘(7) OTHER MENTAL HEALTH SERVICES.—In ‘‘(6) provide for the inclusion of emergency ‘‘(a) GRANTS.—The Secretary shall award 5- addition to reporting on mental health serv- mental health centers as part of jail diver- year grants to, or enter into cooperative ices funded under a community mental sion programs.’’; and agreements with, private nonprofit organiza- health services performance partnership (3) in subsection (h), by adding at the end tions for the development and implementa- the following: ‘‘As part of such evaluations, tion of three technical assistance centers to block grant, States are encouraged to report on all mental health services provided by the the grantee shall evaluate the effectiveness support full consumer and family participa- of activities carried out under the grant and tion in decision-making about mental health State mental health agency.’’. SEC. 114. COMMUNITY MENTAL HEALTH SERV- submit reports on such evaluations to the services for children and adolescents. Secretary.’’. ‘‘(b) APPLICATION.—To be eligible to re- ICES BLOCK GRANT PROGRAM. ceive a grant or cooperative agreement (a) IN GENERAL.—Section 1912(b) of the SEC. 116. ACTIVITIES CONCERNING MENTAL Public Health Service Act (42 U.S.C. 300x– HEALTH SERVICES FOR JUVENILE under subsection (a) an entity shall— JUSTICE POPULATIONS. ‘‘(1) be a private, nonprofit organization 2(b)) is amended by adding at the end the following: (a) GRANTS.—The Secretary shall award that demonstrates the ability to establish grants to, or enter into cooperative agree- ‘‘(8) CO-OCCURRING TREATMENT SERVICES.— and maintain a technical assistance center ments with, States, tribal organizations, po- The plan provides for a system of support for described in this section; and litical subdivisions of States, consortia of the provision of co-occurring treatment serv- ‘‘(2) prepare and submit to the Secretary political subdivisions, public organizations, ices, including early intervention and pre- an application at such time, in such manner, and private nonprofit organizations to pro- and containing such information as the Sec- vention, and integrated mental health and vide mental health promotions and mental retary may require. substance abuse and services, for adolescents health services to children and adolescents ‘‘(c) USE OF FUNDS.—An entity shall use with co-occurring mental health and sub- in juvenile justice systems. amounts received under a grant or coopera- stance abuse disorders. Services shall be pro- (b) APPLICATION.—To be eligible to receive tive agreement under this section to estab- vided through the system under this para- a grant or cooperative agreement under sub- lish a technical assistance center of the type graph in accordance with the Substance section (a), an entity shall— referred to in subsection (a). Through such Abuse Prevention Treatment Block Grant (1) be a State, a tribal organization, a po- center, the entity shall— program under subpart II.’’. litical subdivision of a State, a consortia of ‘‘(1) collect and disseminate information (b) GUIDELINES FOR INTEGRATED TREATMENT political subdivisions, a public organization, on mental health disorders and risk factors SERVICES.—Section 1915 of the Public Health or a private nonprofit organization; and for mental health disorders in children and Service Act (42 U.S.C. 300x–4) is amended by (2) prepare and submit to the Secretary an adolescents; adding at the end the following: application at such time, in such manner, ‘‘(2) collect and disseminate information ‘‘(c) GUIDELINES FOR INTEGRATED TREAT- and containing such information as the Sec- on available resources for specific mental MENT SERVICES.—The Secretary shall issue retary may require. health disorders, including co-occurring written policy guidelines for use by States (c) USE OF FUNDS.—Amounts received mental health and substance abuse disorders; that describe how amounts received under a under a grant or cooperative agreement ‘‘(3) disseminate information to help con- grant under this subpart may be used to fund under this section shall be used to— sumers and families engage in illness self integrated treatment services for children (1) provide mental health early interven- management activities and access services and adolescents with mental health disorders tion, prevention, and case management serv- and resources on mental health disorder self- and with co-occurring mental health and ices; management; substance abuse disorders. (2) provide mental health treatment serv- ‘‘(4) support the activities of self-help orga- ‘‘(d) MODEL SERVICE SYSTEMS FORUM.—The ices; and nizations; Secretary, in consultation with the Attorney (3) provide monitoring and referral for spe- ‘‘(5) support the training of peer special- General, shall periodically convene forums cialty treatment of medical or surgical con- ists, family specialists, primary care profes- to develop model service systems and pro- ditions. sionals, mental health professionals, and mote awareness of the needs of children and (d) AUTHORIZATION OF APPROPRIATIONS.— child care professionals; adolescents with co-occurring mental health There is authorized to be appropriated to ‘‘(6) provide assistance to consumer and disorders and to facilitate the development carry out this section, $10,000,000 for fiscal family-delivered service programs and re- of policies to meet those needs.’’. year 2007, and such sums as may be necessary sources in meeting their operational and pro- (c) SUBSTANCE ABUSE GRANTS.—Section for each of fiscal years 2008 through 2011. grammatic needs; and 1928 of the Public Health Service Act (42 TITLE II—FEDERAL INTERAGENCY COL- ‘‘(7) provide assistance to consumers and U.S.C. 300x–28) is amended by adding at the LABORATION AND RELATED ACTIVITIES families that participate in mental health end the following: ‘‘(e) CO-OCCURRING TREATMENT SERVICES.— SEC. 201. INTERAGENCY COORDINATING COM- system advisory bodies, including state men- A State may use amounts received under a MITTEE CONCERNING THE MENTAL tal health planning councils. HEALTH OF CHILDREN AND ADOLES- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— grant under this subpart to provide a system CENTS. There is authorized to be appropriated to of support for the provision of co-occurring (a) IN GENERAL.—The Secretary of Health carry out this section, $5,000,000 for fiscal treatment services, including early interven- and Human Services (in this section referred year 2007, and such sums as may be necessary tion and prevention, and integrated mental to as the ‘‘Secretary’’), in collaboration with for each of fiscal years 2008 through 2011.’’. health and substance abuse services, for chil- the Federal officials described in subsection SEC. 112. COMPREHENSIVE COMMUNITY MENTAL dren and adolescents with co-occurring men- (b), shall establish an interagency coordi- HEALTH SERVICES FOR CHILDREN tal health and substance abuse disorders. nating committee (referred to in this section AND ADOLESCENTS WITH SERIOUS Services shall be provided through the sys- as the ‘‘Committee’’) to carry out the activi- EMOTIONAL DISTURBANCES. tem under this paragraph in accordance with ties described in this section relating to the Section 561 of the Public Health Service the Community Mental Health Services mental health of children and adolescents. Act (42 U.S.C. 290ff) is amended— Block Grant program under subpart I. (b) FEDERAL OFFICIALS.—The Federal offi- (1) in subsection (b)(1)(A), by inserting be- ‘‘(f) GUIDELINES FOR INTEGRATED TREAT- cials described in this subsection are the fol- fore the semicolon the following: ‘‘and pro- MENT SERVICES.—The Secretary shall issue lowing:

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5503 (1) The Secretary of Education. (A) the results of an evaluation to be con- by section 111, is further amended by adding (2) The Attorney General. ducted by the Committee to analyze the ef- at the end the following: (3) The Surgeon General. fectiveness and efficacy of current activities ‘‘SEC. 597I. ACTIVITIES CONCERNING EVIDENCE- (4) The Secretary of the Department of De- concerning the mental health of children and BASED OR PROMISING BEST PRAC- fense. adolescents; TICES. (5) The Secretary of the Interior. (B) the results of an evaluation to be con- ‘‘(a) GRANTS.— (6) The Commissioner of Social Security. ducted by the Committee to analyze the ef- ‘‘(1) IN GENERAL.—The Secretary shall (7) Such other Federal officials as the Sec- fectiveness and efficacy of the activities car- award grants to, and enter into cooperative retary determines to be appropriate. ried out under grants, cooperative agree- agreements with, States, political subdivi- (c) CHAIRPERSON.—The Secretary shall ments, collaborations, and consultations sions of States, consortia of political sub- serve as the chairperson of the Committee. under this Act, the amendments made by divisions, tribal organizations, institutions (d) DUTIES.—The Committee shall be re- this Act, and carried out by existing Federal of higher education, or private nonprofit or- sponsible for policy development across the agencies ganizations for the development of child and Federal Government with respect to child (C) the results of an evaluation to be con- adolescent mental health services and sup- and adolescent mental health. ducted by the Committee to analyze identi- port systems that address widespread and (e) COLLABORATION AND CONSULTATION.—In fied problems and challenges, including— critical gaps in a needed continuum of men- carrying out the activities described in this (i) fragmented mental health service deliv- tal health service-delivery with a specific Act, and the amendments made by this Act, ery systems for children and adolescents; focus on encouraging the implementation of the Secretary shall collaborate with the (ii) disparities between Federal agencies in evidence-based or promising best practices. Committee (and the Committee shall col- mental health service eligibility require- ‘‘(2) APPLICATION.—To be eligible to receive laborate with relevant Federal agencies and ments for children and adolescents; a grant or cooperative agreement under mental health working groups responsible (iii) disparities in regulatory policies of paragraph (1) an entity shall— for child and adolescent mental health). Federal agencies concerning child and ado- ‘‘(A) be a State, a political subdivision of a (f) CONSULTATION.—In carrying out the ac- lescent mental health; State, a consortia of political subdivisions, a tivities described in this Act, and the amend- (iv) inflexibility of Federal finance systems tribal organization, an institution of higher ments made by this Act, the Secretary and to support evidence-based child and adoles- education, or a private nonprofit organiza- the Committee shall consult with— cent mental health; tion; and (1) State and local agencies, including (v) insufficient training of primary care ‘‘(B) prepare and submit to the Secretary agencies responsible for child and adolescent professionals, mental health professionals, an application at such time, in such manner, mental health care, early intervention and and child care professionals; and containing such information as the Sec- prevention services under titles V and XIX of (vi) disparities and fragmentation of col- retary may require. the Social Security Act, and the State Chil- lection and dissemination of information ‘‘(3) USE OF FUNDS.—Amounts received dren’s Health Insurance Program under title concerning child and adolescent mental under a grant or cooperative agreement XXI of the Social Security Act; health services; under this subsection shall be used to pro- (2) State mental health planning councils (vii) inability of State Medicaid agencies vide for the development and dissemination (as described in section 1914); to meet Federal requirements concerning of mental health supports and services de- (3) local and national organizations that child and adolescent mental health under the scribed in paragraph (1), including— serve children and adolescents with or who early and period screening, diagnostics and ‘‘(A) early intervention and prevention are at risk for mental health disorders and treatment services requirements under the services, treatment and rehabilitation par- their families; medicaid program under title XIX of the So- ticularly for children and adolescents with (4) relevant national medical and other cial Security Act; and co-occurring mental health and substance health professional and education specialty (viii) fractured Federal interagency col- abuse disorders; organizations; laboration and consultation concerning child ‘‘(B) referral services; (5) children and adolescents with mental and adolescent mental health; ‘‘(C) integrated treatment services, includ- health disorders and children and adoles- (D) the recommendations of the Secretary ing family therapy, particularly for children cents who are currently receiving early on models and methods with which to over- and adolescents with co-occurring mental intervention or prevention services; come the problems and challenges described health and substance abuse disorders; (6) families and friends of children and ado- in subparagraph (B) for the purposes of im- ‘‘(D) colocating primary care and mental lescents with mental health disorders and proving Federal interagency coordination health services in rural and urban areas; children and adolescents who are currently and the development of Federal mental ‘‘(E) mentoring and other support services; receiving early intervention or prevention health policy. ‘‘(F) transition services; services; (2) ANNUAL REPORT.—Not later than 1 year ‘‘(G) respite care for parents, legal guard- (7) families and friends of children and ado- after the date on which the initial report is ians, and families; and lescents who have attempted or completed submitted under paragraph (1), an annually ‘‘(H) home-based care. suicide; thereafter, the Committee shall submit to ‘‘(b) TECHNICAL ASSISTANCE CENTER.—The (8) qualified professionals who possess the the appropriate committees of Congress a re- Secretary shall establish a technical assist- specialized knowledge, skills, experience, port concerning the results of updated eval- ance center to assist entities that receive a training, or relevant attributes needed to uations and recommendations described in grant or cooperative agreement under sub- serve children and adolescents with or who paragraph (1). section (a) in— are at risk for mental health disorders and (i) PERSONNEL MATTERS.— ‘‘(1) identifying widespread and critical their families; and (1) STAFF AND COMPENSATION.—Except as gaps in a needed continuum of child and ado- (9) third-party payers, managed care orga- provided in paragraph (2), the Secretary may lescent mental health service-delivery; nizations, and related employer and commer- employ, and fix the compensation of an exec- ‘‘(2) identifying and evaluating existing cial industries. utive director and other personnel of the evidence-based or promising best practices (g) POLICY DEVELOPMENT.—In carrying out Committee without regard to the provisions with respect to child and adolescent mental the activities described in this Act, and the of chapter 51 and subchapter III of chapter 53 health services and supports; amendments made by this Act, the Secretary of title 5, United States Code, relating to ‘‘(3) improving the child and adolescent shall— classification of positions and General mental health service-delivery system by (1) coordinate and collaborate on policy de- Schedule pay rates. implementing evidence-based or promising velopment at the Federal level with the (2) MAXIMUM RATE OF PAY.—The maximum best practices; Committee, relevant Department of Health rate of pay for the executive director and ‘‘(4) training primary care professionals, and Human Services, Department of Edu- other personnel employed under paragraph mental health professionals, and child care cation, and Department of Justice agencies, (1) shall not exceed the rate payable for level professionals on evidence-based or promising and child and adolescent mental health IV of the Executive Schedule under section best practices; working groups; and 5316 of title 5, United States Code. ‘‘(5) informing children and adolescents, (2) consult on policy development at the (j) AUTHORIZATION OF APPROPRIATIONS.— parents, legal guardians, families, advocacy Federal level with the private sector, includ- There is authorized to be appropriated to organizations, and other interested con- ing consumer, medical, mental health advo- carry out this section, $10,000,000 for fiscal sumer organizations on such evidence-based cacy groups, and other health and education year 2007, and such sums as may be necessary or promising best practices; and professional-based organizations, with re- for each of fiscal years 2008 through 2011. ‘‘(6) identifying financing structures to spect to child and adolescent mental health TITLE III—RESEARCH ACTIVITIES CON- support the implementation of evidence- early intervention and prevention services. CERNING THE MENTAL HEALTH OF based or promising best practices and pro- (h) REPORTS.— CHILDREN AND ADOLESCENTS viding assistance on how to build appro- (1) INITIAL REPORT.—Not later than 2 years SEC. 301. ACTIVITIES CONCERNING EVIDENCE- priate financing structures to support those after the date of enactment of this Act, the BASED OR PROMISING BEST PRAC- services. Committee shall submit to the appropriate TICES. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— committees of Congress a report that in- Part K of title V of the Public Health Serv- There is authorized to be appropriated to cludes— ice Act, as added by section 102 and amended carry out this section, $12,500,000 for fiscal

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5504 CONGRESSIONAL RECORD — SENATE June 6, 2006 year 2007, and such sums as may be necessary ‘‘(f) RECOVERY AND REHABILITATION.—The service of sustaining individual elec- for each of fiscal years 2008 through 2011.’’. Secretary shall provide for the conduct of re- tronic health records, much like the SEC. 302. FEDERAL RESEARCH CONCERNING AD- search leading to the identification of meth- way financial institutions maintain as- OLESCENT MENTAL HEALTH. ods and models to enhance the recovery and sets. This consumer-driven approach rehabilitation of children and adolescents Part K of title V of the Public Health Serv- will offer Americans portable and elec- ice Act, as added by section 201 and amended with mental health disorders. by section 301, is further amended by adding ‘‘(g) CO-OCCURRING DISORDERS.—The Sec- tronic health records over their life- at the end the following: retary shall provide for the conduct of re- time at little to no cost, with specific, ‘‘SEC. 597J. FEDERAL RESEARCH CONCERNING search leading to the identification of meth- established measures for privacy and ADOLESCENT MENTAL HEALTH. ods and models to enhance services and sup- security. ‘‘(a) BEST PRACTICES.—The Secretary shall ports for children and adolescents with co- We saw in the aftermath of Hurricane provide for the conduct of research leading occurring mental health and substance abuse Katrina, when medical records and lab to the identification and evaluation of evi- and disorders. results were literally washed away, dence-based or promising best practices, in- ‘‘(h) RESEARCH COLLABORATION.—The Sec- retary shall provide for the conduct of re- that the current system of paper cluding— records can prove to be cumbersome at ‘‘(1) early intervention and prevention search that reviews existing scientific lit- mental health services and systems, particu- erature on the relationship between mental best, and fatal at worst. Americans larly for children and adolescents with co-oc- and physical health, particularly identifying should have the ability to access their curring mental health and substance abuse new methods and models to enhance the bal- health records as easily as they access disorders; ance between mental and physical health in their bank accounts—through the use ‘‘(2) mental health referral services; children and adolescents. of a national IT network administered ‘‘(i) COLLABORATION.—In carrying out the ‘‘(3) integrated mental health treatment by cooperative, not-for-profit institu- services, particularly for children and ado- activities under this section, the Secretary shall collaborate with the Federal inter- tions. I urge my colleagues to support lescents with co-occurring mental health and this effort through cosponsorship of substance abuse disorders; agency coordinating committee established ‘‘(4) mentoring and other support services; under section 401 of the Child and Youth Eq- this important legislation. ‘‘(5) transition services; and uitable Health Act of 2005, and relevant Fed- ‘‘(6) respite care for parents, legal guard- eral agencies and mental health working By Mr. SANTORUM: ians, and families of children and adoles- groups responsible for child and adolescent S. 3455. A bill to establish a program cents. mental health. to transfer surplus computers of Fed- ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(b) IDENTIFICATION OF EXISTING DISPARI- eral agencies to schools, nonprofit There is authorized to be appropriated to TIES.—The Secretary shall provide for the community-based educational organi- carry out this section, $12,500,000 for fiscal conduct of research leading to the identifica- year 2007, and such sums as may be necessary zations, and families of members of the tion of factors contributing to the existing for each of fiscal years 2008 through 2011.’’. Armed Forces who are deployed, and disparities in children and adolescents men- for other purposes; to the Committee tal health care in areas including— By Mr. BROWNBACK (for himself on Homeland Security and Govern- ‘‘(1) evidence-based early intervention and prevention, diagnosis, referral, treatment, and Mr. TALENT): mental Affairs. and monitoring services; S. 3454. A bill to amend the Internal Mr. SANTORUM. Mr. President, I ‘‘(2) psychiatric and psychological epidemi- Revenue Code of 1986 to improve the rise today to introduce a bill which is ology in racial and ethnic minority popu- exchange of healthcare information intended to ensure that more surplus lations; through the use of technology, to en- government computers are put to good ‘‘(3) therapeutic interventions in racial and courage the creation, use and mainte- use in our schools and by families of ethnic minority populations; nance of lifetime electronic health deployed service members. ‘‘(4) psychopharmacology; records that may contain health plan Each year, it is becoming more and ‘‘(5) mental health promotion and child and adolescent emotional well-being and re- and debit card functionality in inde- more evident that, especially for our siliency; pendent health record banks, to use youth, computer knowledge is essential ‘‘(6) lack of adequate service delivery sys- such records to build a nationwide for success. While many Americans tems in urban and rural regions; and health information technology infra- have computers at home, there are still ‘‘(7) lack of adequate reimbursement rates structure, and to promote participa- many Americans who do not have that for evidence-based early intervention and tion in health information exchange by easy access to computer technology. In prevention, diagnosis, referral, treatment, consumers through tax incentives and addition, not all of our schools have or and monitoring services. for other purposes; to the Committee can afford up-to-date computer tech- ‘‘(c) PSYCHOTROPIC MEDICATIONS.—The Sec- retary shall provide for the conduct of re- on Finance. nology to aid their students in their search leading to the identification of the Mr. BROWNBACK. Mr. President, I learning. This bill is intended to bridge long-term effects of psychotropic medica- rise today to introduce legislation that this gap. tions and SSRIs and other pyschotropic would address one of the most critical It has been estimated that each medications for children and adolescents. issues facing Americans today, that of week, the Federal Government disposes ‘‘(d) TRAUMA.—The Secretary shall provide rising health care costs. America’s col- of 10,000 computers. Thanks in part to for the conduct of research leading to the lective health care bill represents an Executive Order 12999, which was identification of the long-term effects of increasing percentage of the GDP and, issued in 1996, some of these computers trauma on the mental health of children and are placed in schools that would other- adolescents, including the effects of— at the same time, mortality rates re- ‘‘(1) violent crime, particularly sexual main stubbornly high. It is apparent wise not have access to this tech- abuse; that the time has come for innovative nology. The Executive order directs ‘‘(2) physical or medical trauma; health care solutions that will save that federal agencies shall safeguard ‘‘(3) post-traumatic stress disorders; and money and save lives. and identify potentially educationally ‘‘(4) terrorism and natural disasters. Today, I am introducing the Inde- useful federal equipment that is no ‘‘(e) ACUTE CARE.—The Secretary shall pro- pendent Health Record Bank Act of longer needed or declared surplus. This vide for the conduct of research leading to 2006, a market-driven approach that equipment shall then be transferred di- the identification of factors contributing to will save both money and lives by cre- rectly or through the Government problems in acute care. Such research shall address— ating a self-sustaining National Health Services Administration Computers for ‘‘(1) synthesizing the acute care knowledge Information Network for doctors and Learning program to public and private data base; patients. Rather than continuing to schools and nonprofit organizations, ‘‘(2) assessing existing capacities and get by with a patchwork system of including community-based edu- shortages in acute care; paper records that contributes to med- cational organizations. Schools and ‘‘(3) reviewing existing model programs ical errors and high cost, this legisla- nonprofits in enterprise communities that exist to ensure appropriate and effective tion creates a nationwide system of se- or empowerment zones are prioritized acute care; cure electronic health records. Under in receiving these computers. ‘‘(4) developing new models when appropriate; and the Independent Health Record Bank I have been pleased to be able to ‘‘(5) proposing workable solutions to en- Act, ownership of the record is truly work through the related program in hance the delivery of acute care and crisis independent and consumer-focused, as the Senate to place excess computers intervention services. this type of bank provides the objective in several Pennsylvania schools where

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5505 they are being put to good use. Unfor- House, Representatives SHAYS and recommendation in 2004 during the ini- tunately, I have heard from those MALONEY, for their hard work on this tial debate on the recommendations. I working in Pennsylvania to obtain legislation and for introducing H.R. then served as a House negotiator on such computers that not enough of 5017, the companion legislation to the and helped secure passage of the final them are getting through to schools. bill I am introducing today. landmark intelligence reform bill that They are experiencing increased dif- Almost 5 years ago, our country was was the first step in implementing the ficulty in maintaining the number and attacked by terrorists on September 11, 9/11 Commission recommendations. In- quality of computers they were pre- 2001. This attack on our cities, on our troducing this legislation today is the viously able to get from the govern- symbols, on our democracy, and on our next important step in protecting our ment for refurbishment and donation. way of life killed nearly 3,000 Ameri- country against terrorism. I certainly In some cases, hard drives are being cans and over 700 people from my home agree with the former heads of the 9/11 needlessly destroyed before they are State of New Jersey. But this attack Commission that passing this bill turned over. could not kill our determination to should be a top priority for this Con- One of the problems that has pre- preserve our freedom, our values, and gress. vented schools from getting and using our democratic system. I think all of us were shocked last these computers is that many times Almost 2 years ago, the 9/11 Commis- week when the Department of Home- they are not able to be immediately sion published their riveting account of land Security actually slashed overall put into use by the school. Schools what happened on that terrible day and homeland security grant funding for may not have the technical ability or made 41 unanimous and bipartisan rec- New York, Washington, DC, and New storage space to take computers di- ommendations to make our country Jersey, while increasing funding for rectly from the government if they safer from future terrorist attacks. much smaller areas with fewer ter- need maintenance before they can be Six months ago, the 9/11 Public Dis- rorist targets. DHS slashed these funds in spite of placed into service. It has been esti- course Project published a disturbing the 9/11 Commission recommendation mated that if schools get the com- report card giving more F’s than A’s on which said that ‘‘Homeland Security puters directly from the government, the implementation of those 41 rec- assistance should be based strictly— only 10 percent can be put into use. ommendations. strictly—on an assessment of risks and However, if they are first refurbished, Today, I am introducing legislation vulnerabilities.’’ 40 percent can be used. to finally and fully implement the 41 bipartisan and unanimous rec- And that is exactly what I fought for The hope is that this legislation when I introduced the Menendez sub- would result in federal agencies mak- ommendations of the 9/11 Commission. The former Chairman of the 9/11 Com- stitute to the intelligence reform bill ing more surplus computers available in 2004. That is exactly what I fought for schools by codifying the previous mission, Thomas Kean, and the former Vice Chairman, Lee Hamilton, en- for in the conference report on that Executive order. The bill would also legislation and what I sought to ac- dorsed this same legislation in the allow computers to go directly to non- complish in the House when I intro- House, H.R. 5017 Shays-Maloney. In a profits for refurbishing before going to duced the Risk-Based Homeland Secu- letter, Mr. Kean and Mr. Hamilton said the school, making is easier for more rity Funding Act with Senators that the legislation ‘‘represents a com- schools to participate in the program. Corzine and LAUTENBERG. And that is prehensive approach to carry out each Currently, a school has to take title to exactly what the legislation I am in- of the recommendations of the Com- the computer and then can transfer it troducing today would do. to a nonprofit refurbisher to be fixed mission . . . [and] focuses on urgent As many of you know, New Jersey up, an additional step for them. This unfinished business before the Nation faces unique terrorism threats that re- bill would allow nonprofit organiza- . . .’’ quire a greater portion of homeland se- tions like Computers for Schools that It is the responsibility of the Con- curity aid due to its proximity to New can refurbish computers at low-cost to gress to carry out this urgent unfin- York City and to its vast number of po- participate in the process, getting com- ished business. We certainly need this tential targets of terror, such as the puters ready to use and sending them comprehensive legislation at a time largest container seaport on the east out to schools where they last three when the disastrous Dubai Ports World coast, one of the busiest airports in the more years, enabling more children to deal made it clear that our ports are country, an area known as the ‘‘chem- learn and profit by them. To prevent not safe and those who live and work ical coastway,’’ our four nuclear power the needless destruction of hard drives, near them are not secure; the Depart- plants, and the six tunnels and bridges the bill also references federal stand- ment of Homeland Security is increas- that connect New Jersey to New York ards on how to completely and securely ing homeland security funding for City. erase hard drives without destroying small cities while cutting it to New And if that were not enough, the Fed- them. York and Washington, DC; first re- eral Bureau of Investigation has placed Lastly, this bill includes language sponders still don’t have the ability to more than a dozen New Jersey sites on that would make it possible to dis- communicate with each other during a the National Critical Infrastructure tribute these computers to the families disaster; nuclear weapons in the hands List and has called the area in my of deployed service men and women of a terrorist remain one of the great- former congressional district between who do not have a computer in their est threats to our Nation, yet the 9/11 Port Elizabeth and Newark Inter- homes so that they can stay in better Public Discourse Project gave the ad- national Airport the ‘‘most dangerous touch with their family members while ministration a D on progress towards two miles in the United States when it they are fighting for our country. fixing this problem; and hundreds of comes to terrorism.’’ An article in The I believe this legislation is an impor- Afghans have been killed in the recent New York Times pointed out that this tant step to help ensure that surplus violent resurgence of the Taliban. 2-mile area provides ‘‘a convenient way federal computers are put to good use Since immediately after September to cripple the economy by disrupting by allowing more of our youth to have 11, many of us in Congress have been major portions of the country’s rail access to computers in school. I am working to learn the hard lessons from lines, oil storage tanks and refineries, hopeful that this legislation will be en- those attacks so we can prepare for and pipelines, air traffic, communications acted into law. prevent future terrorist acts. Shortly networks and highway system.’’ after the attacks, I introduced com- The bottom line is that States and By Mr. MENENDEZ: prehensive homeland security legisla- municipalities, like New Jersey, which S. 3456. A bill to ensure the imple- tion and served on the first ad-hoc are under the greatest risk should re- mentation of the recommendations of Homeland Security Committee in the ceive homeland security dollars based the National Commission on Terrorist House. solely on that risk. The funding award- Attacks Upon the United States; to the I was a strong supporter of the cre- ed to Newark and Jersey City clearly Committee on Foreign Relations. ation of the 9/11 Commission and intro- proves that New Jersey is well served Mr. MENENDEZ. Mr. President, first, duced a proposal on the House floor to when Federal homeland security dol- I congratulate my colleagues in the fully implement the 9/11 Commission lars are awarded based on risk. Yet I

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5506 CONGRESSIONAL RECORD — SENATE June 6, 2006 cannot understand why the Depart- unworkable, the author, noted CNN, progress towards achieving the goals in ment of Homeland Security would not was clearly knowledgeable of various the Afghanistan Freedom Support Act. use a risk-based formula when award- ways to set off a nuclear bomb. This bipartisan, bicameral legisla- ing all of their grants. So long as In combination with the discovery of tion is the next step to finally imple- Homeland Security grants are awarded AQ Khan’s clandestine nuclear super- menting all of the 41 recommendations based on factors other than risk, those market, the potential of al-Qaida of the 9/11 Commission. Their report States most at risk will continue to building a nuclear weapon is not a was a call to action. Their report card lack the necessary resources to protect fairytale. In fact, according to CNN, al- was a reminder of what still needed to the people they serve. Qaida may have had some help in its be done. Their work cannot be left un- I know that many Americans would efforts to develop a nuclear device from finished. also be shocked to learn that almost 5 two Pakistani nuclear scientists. We must all heed advice of the 9/11 years after 9/11 and almost 1 year after This bill works to ensure that the Commission and learn from the hard Hurricane Katrina, many first respond- fairytale does not become a cata- lessons of 9/11. We cannot wait any ers still cannot communicate with each clysmic reality. longer to take action, and I urge my other during a disaster. The bill specifically implements the colleagues to join me in supporting In fact, when I speak to firefighters 9/11 Commission’s recommendation to this legislation. expand programs to stop shipments of in my home State of New Jersey, they By Mrs. BOXER: consistently tell me that this remains weapons of mass destruction. With this S.J. Res. 39. A joint resolution to a serious impediment to their work. In legislation, the United States would spur a political solution in Iraq and en- our port in New Jersey, the largest also be able to extend our assistance to courage the people of Iraq to provide container port in the east coast, fire- help countries control, protect, and for their own security through the re- fighters, Coast Guard, police, and other dismantle their nuclear programs to deployment of the United States mili- law enforcement officials often still countries outside of the former Soviet tary forces; to the Committee on For- cannot communicate with each other. Union. It would also create an Office of eign Relations. When Hurricane Katrina hit, emer- Nonproliferation Programs in the Ex- Mrs. BOXER. Mr. President, I rise gency personnel were on at least five ecutive Office of the President to pre- today to introduce a resolution to spur different channels and were hampered vent terrorist access to WMDs. Finally, a political solution in Iraq and encour- in communicating with one another. the bill includes a provision to enhance age the people of Iraq to provide for As the Washington Post reported on the Global Threat Reduction Initiative their own security through the rede- September 2, 2005, ‘‘Police officers and and would require the President to es- ployment of U.S. military forces. National Guard members, along with tablish a Department of Energy task I introduce this resolution with the law officers imported from around the force on nuclear materials removal. hope and prayer that we will redeploy State, rarely knew more than what I believe we all want to make sure U.S. troops from Iraq and end this ill- they could see with their own eyes.’’ that a nuclearized al-Qaida never be- fated war that has resulted in more It is astonishing that our fire- comes a reality. And we should spare than 20,000 U.S. troops killed or wound- fighters, police, and paramedics still do absolutely no effort in pursuing this ed. not have the ability to communicate in goal. This resolution speaks for itself. I an emergency. How is it possible that Many of us have been horrified as we ask unanimous consent that it be almost 5 years after September 11, our have watched the resurgence of the printed in the RECORD. local first responders still do not have Taliban and strong anti-American sen- There being no objection, the text of interoperable communications systems timent in Afghanistan. Over just the the joint resolution was ordered to be that can talk with each other as they past few weeks, over 250 people have printed in the RECORD, as follows: carry out their lifesaving work? been killed in the upsurge in violence, S.J. RES. 39 That is why my legislation would and we see techniques borrowed from Whereas the United States military forces provide adequate radio spectrum for Iraq, like the use of improvised explo- have served bravely in Iraq and deserve the first responders and a status report on sive devices, in Afghanistan. According heartfelt support of the United States; creating a unified incident command to the New York Times, Pentagon offi- Whereas more than 2,450 members of the system during disasters. cials say that 32 suicide bombs were ex- United States military forces have been killed and more than 18,000 wounded in sup- In its final report card, the 9/11 Pub- ploded in 2006, which is already 6 more port of military operations in Iraq; lic Discourse Project gave the adminis- than exploded in all of 2005. Roadside Whereas more than 200 coalition personnel tration a D for its efforts to secure bombs are up 30 percent over last year, have been killed in support of military oper- WMDs. The former Commissioners then and the Taliban are fighting in groups ations in Iraq; recommended that the U.S. Govern- triple the size of last year. And after a Whereas it is estimated that at least 40,000 ment make this issue the top national deadly traffic accident involving the people of Iraq have been killed during the security priority to counter what it U.S. military, an anti-American riot military intervention in Iraq; called ‘‘the greatest threat to Amer- exploded in Kabul last week. Whereas much of the intelligence used by The 9/11 Commission made it clear in the Bush Administration to justify the use of ica’s security.’’ force in Iraq was either exaggerated or sim- I certainly believe that a nuclear their recommendations that Afghani- ply wrong; weapon in the hands of a terrorist is stan must be a priority stating that Whereas President George W. Bush stated one of the greatest threats to our na- the ‘‘United States and the inter- that the mission in Iraq was to rid that tional security. Osama Bin Laden him- national community should make a country of weapons of mass destruction; self has said that it is al-Qaida’s ‘‘reli- long-term commitment to a secure and Whereas weapons of mass destruction have gious duty’’ to acquire weapons of mass stable Afghanistan to improve life and not been found in Iraq; destruction. make sure it is not a terrorist sanc- Whereas President George W. Bush then According to CNN, in January 2002, tuary.’’ Unfortunately, we are clearly a stated that the mission in Iraq was to end the regime of Saddam Hussein and free the documents found in a house in Kabul, long way from achieving that goal. people of Iraq; Afghanistan, reportedly used by al- The administration never finished Whereas Saddam Hussein is in custody and Qaida operatives included a 25-page the job in Afghanistan, the birthplace standing trial for crimes against humanity; document filled with information of the Taliban, the home to al-Qaida, Whereas President George W. Bush then about nuclear weapons. That document the land of Osama bin Laden, and the stated that the mission in Iraq was to estab- included a design for a nuclear weapon place where the attacks of 9/11 were lish a free, self governing, and democratic that would require hard-to-obtain ma- planned. Iraq; terials like plutonium to create a nu- That is why this legislation is an im- Whereas the people of Iraq elected their portant step to help us move in the first permanent democratically elected gov- clear explosion. ernment on December 15, 2005, and the cabi- One document appeared to be plans right direction in Afghanistan. My bill net of Prime Minister Nouri al-Maliki has to create a nuclear device. Although urges a new commitment to a long- been approved by the Parliament of Iraq, experts contended that the design in term economic plan to ensure Afghani- concluding the transition of Iraq to full po- this document labeled ‘‘superbombs’’ is stan’s stability as well as a report on litical sovereignty;

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5507 Whereas President George W. Bush then I am especially appreciative for the wounded eight persons in the Moscow stated that the mission in Iraq was to train co-sponsorship of this important reso- Headquarters and Synagogue of Agudas the security forces of Iraq so that they can lution by my colleagues and friends, Chasidei Chabad of the Former Soviet do the fighting in Iraq; Union. Thankfully, the Moscow City Whereas the Pentagon reports that more the senior Senator from Delaware, Mr. than 240,000 military and police personnel of BIDEN, the junior Senator from Oregon, Court sentenced the attacker to 13 Iraq are now trained and equipped; Mr. SMITH, and the senior Senator from years in prison for attempted murder. Whereas on May 1, 2003, President George Florida, Mr. NELSON. However, a copycat attack that fol- W. Bush stood under a banner proclaiming It is true that religious practice in lowed in Rostov-on-Don was not han- ‘‘Mission Accomplished’’ and declared that Russia today is much freer than during dled as well, with the perpetrator only Iraq was an ally of al Qaeda; the Soviet era. However, many minor- being charged with ‘‘hooliganism’’ and Whereas the report of the 9/11 Commission ity religious communities throughout given 5 days administrative detention. found no collaborative operational relation- the Russian Federation continue to I urge Russian authorities to be more ship between Iraq and al Qaeda; consistent with their response to these Whereas the commander of the Multi- suffer harassment and discrimination national Forces Iraq, General George Casey, on the part of some local officials who, heinous crimes. testified before the Senate Committee on either through personal prejudice or Another difficult situation is that of Armed Services on September 29, 2005, that misplaced paranoia, see a threat to Muslim believers in Russia today, with ‘‘[i]ncreased coalition presence feeds the no- their society by religious faiths with officials often harassing communities tion of occupation...contributes to the whom they are unfamiliar. practicing outside of government ap- dependency of Iraqi security forces on the proved mosques. For instance, there coalition...[and] extends the amount of Until fairly recently, the U.S. Hel- sinki Commission, which I chair, was are repeated and credible reports that time that it will take for Iraqi security police are arresting Russian Muslim forces to become self reliant’’; and receiving troubling reports of several Whereas, according to a January 2006 poll, instances of violence against religious citizens on charges of terrorism on the 64 percent of Iraqis believe that crime and minorities in Russia. Arson attacks basis of fabricated evidence. Certainly violent attacks will decrease when the against churches in Russia have oc- Russia has a right to defend itself from United States redeploys from Iraq, 67 percent curred in several towns and cities with terrorism, but I would urge authorities of Iraqis believe that their day-to-day secu- little or no police response. I would not to sow the seeds of further bitter- rity will increase if the United States rede- ness and violence through wholesale ploys from Iraq, and 73 percent of Iraqis be- note that reports of such attacks have decreased in number of late. arrests and unjust trials. lieve that there will be greater cooperation Mr. President, I certainly don’t want I would like to quote from the Inter- among the political factions of Iraq when the to suggest that all Russian officials are United States redeploys from Iraq: Now, national Religious Freedom Report for hostile to religious faith and practice. therefore, be it 2005, which is published by the State There are countries with worse far Resolved by the Senate and House of Rep- Department Office on International Re- resentatives of the United States of America in records, and there are many areas of ligions Freedom annually: Congress assembled, That— the Russian Federation where the prin- (1) United States military forces in Iraq Some Federal agencies and many local au- ciples of religious freedom are genu- are to be redeployed from Iraq by December thorities continue to restrict the rights of various religious minorities. Moreover, con- inely observed and still others where 31, 2006, or earlier if practicable; progress is being made. Moreover, (2) nothing in this resolution prohibits the tradictions between Federal and local laws use of United States military forces from and varying interpretations of the law pro- many officials at the federal level have training Iraqi security forces in the region vide regional officials with opportunities to made sincere efforts to see that their outside of Iraq; and restrict the activities of religious minorities. government observes its own laws as (3) nothing in this resolution prohibits the Many observers attribute discriminatory well as international standards. use of United States military forces based practices at the local level to the greater This resolution reminds the leader- outside of Iraq to— susceptibility of local governments than the ship of the Russian Federation of the (A) conduct targeted and specialized Federal Government to discriminatory atti- critical importance of enforcing Rus- counter-terrorism missions in Iraq; and tudes in lobbying by local majority religious sian constitution and Russia’s inter- (B) protect military and civilian personnel groups. The government only occasionally of the United States in Iraq. intervenes to prevent or reverse discrimina- national commitments on religious tion at the local level. freedom. Considering Russia’s presi- f dency of the G–8, a grouping of the Mr. President, on April 14, 2005, the SUBMITTED RESOLUTIONS world’s major industrialized democ- Helsinki Commission held hearings on racies, it is time to live up to the the treatment of religious minorities standards of religious liberty that in Russia. Mr. Larry Uzzell, a jour- SENATE RESOLUTION 500—EX- characterize the nations of the G–8 and nalist and researcher specializing in re- PRESSING THE SENSE OF CON- the community of democracies as a ligious liberty issues, noted that Rus- GRESS THAT THE RUSSIAN FED- whole. ERATION SHOULD FULLY PRO- sian bureaucrats had increased the I urge my colleagues to support this TECT THE FREEDOMS OF ALL pressure on minority religious confes- resolution. sions, especially by denying them RELIGIOUS COMMUNITIES WITH- S. RES. 500 OUT DISTINCTION, WHETHER places to worship. In March 2004, a city court banned Whereas the Russian Federation is a par- REGISTERED OR UNREGISTERED, ticipating State of the Organization for Se- AS STIPULATED BY THE RUS- the religious activity of Jehovah’s Wit- curity and Cooperation in Europe (OSCE) SIAN CONSTITUTION AND INTER- nesses in Moscow. Since that time, offi- and has freely committed to fully respect the NATIONAL STANDARDS cials in St. Petersburg have been rights of individuals, whether alone or in Mr. BROWNBACK (for himself, Mr. threatening to ‘‘liquidate’’ the Jeho- community with others, to profess and prac- vah’s Witnesses Administration Center tice religion or belief; BIDEN, Mr. SMITH, and Mr. NELSON of in that city. If the administrative cen- Whereas the 1989 Vienna Concluding Docu- Florida) submitted the following reso- ment calls on OSCE participating States to lution; which was referred to the Com- ter were to cease to exist, the effect on local congregations could be dev- ‘‘take effective measures to prevent and mittee on Foreign Relations: eliminate discrimination against individuals Mr. BROWNBACK. Mr. President, I astating. Just this month, police in or communities on the grounds of religion or rise today to introduce a resolution Ivanovo, Russia, reportedly broke up belief’’ and to ‘‘grant upon their request to whereby the Senate calls upon the Gov- an evangelical event where Bibles were communities of believers, practicing or pre- ernment of the Russian Federation to being distributed and detained three pared to practice their faith within the con- fully protect the right of individuals to members. Catholic parishes in the cit- stitutional framework of their States, rec- worship and to practice their faith as ies of Sochi and Rostov-on-Don have ognition of the status provided for them in they see fit. This resolution reiterates also had difficulty with local officials the respective countries’’; in obtaining official permission to use Whereas Article 28 of the Constitution of provisions on religious freedom that the Russian Federation declares that ‘‘every- are contained within the Russian Con- their new church buildings. one shall be guaranteed the right to freedom stitution of 1993 and international Concerning anti-Semitism, on Janu- of conscience, to freedom of religious wor- agreements to which the Russian Fed- ary 11 of this year a ‘‘skinhead’’ at- ship, including the right to profess, individ- eration is a party. tacked worshipers with a knife and ually or jointly with others, any religion’’

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5508 CONGRESSIONAL RECORD — SENATE June 6, 2006 and Article 8 of the 1997 Law on Freedom of certain that government authorities are not Little, J.J. Morrissey, Chris Ourisman, Matt Conscience and Religious Associations pro- complicit in such incidents; Paquet, Michael ‘‘Bud’’ Petit, Derek vides for registration for religious commu- (3) continue to raise concerns with the Pilipiak, Max Pomper, Matt Poskay, Jack nities as ‘‘religious organizations,’’ if they Government of the Russian Federation over Riley, Ben Rubeor, Tim Shaw, Ricky Smith, have at least 10 members and have operated violations of religious freedom, including Drew Thompson, Mike Timms, Kip Turner, within the Russian Federation with legal those against unregistered religious commu- Mark Wade, and Matt Ward, contributed to status for at least 15 years; nities, especially indigenous denominations the team’s success in this undefeated cham- Whereas religious freedom has advanced not well known in the United States; pionship season; significantly for the vast majority of people (4) ensure that United States Embassy offi- Whereas the University of Virginia Cava- in Russia since the collapse of the Soviet cials engage local officials throughout the liers outstanding, creative, and motivational Union; Russian Federation, especially when viola- lacrosse Head Coach Dom Starsia has had a Whereas many rights and privileges af- tions of freedom of religion occur, and under- successful 14-year tenure as the University of forded to religious communities in the Rus- take outreach activities to educate local of- Virginia’s head lacrosse coach that includes sian Federation remain contingent on the ficials about the rights of unregistered reli- 3 NCAA Division I Men’s Lacrosse National ability of the communities to obtain govern- gious communities; Championships; and ment registration; (5) urge the Government of the Russian Whereas Assistant Coaches Marc Van Whereas some religious groups have not at- Federation to invite the three Personal Rep- Arsdale and Hannon Wright deserve high tempted to register with government au- resentatives of the OSCE Chair-in-Office and commendation for their strong leadership thorities due to theological considerations, the United Nations Special Rapporteur on and superb coaching support, as well as the and other communities have been unjustly Freedom of Religion or Belief to visit the dedication of team staff members Lorenzo denied registration or had their registration Russian Federation and discuss with federal Rivers, Katie Serenelli, Matt Diehl, Jade improperly terminated by local authorities; and local officials concerns about the reli- White, and Dr. Danny Mistry to the Univer- Whereas many of the unregistered commu- gious freedom of both registered and unregis- sity of Virginia Cavaliers men’s lacrosse nities in the Russian Federation today were tered religious communities; and team: Now, therefore, be it never registered under the Soviet system be- (6) urge the Council of Europe, its member Resolved, That the Senate— cause they refused to collaborate with that countries, and the other members of the (1) congratulates the University of Vir- government’s anti-religious policies and G–8 to raise issues relating to religious free- ginia Cavaliers men’s lacrosse team for win- they are now experiencing renewed discrimi- dom with Russian officials in the context of ning the 2006 National Collegiate Athletic nation and repression by authorities of the the Russian Federation’s responsibilities Association Division I, National Champion- Russian Federation; both as President of the Council in 2006 and ship; and Whereas over the past 2 years there have as a member of the G–8. (2) respectfully requests the Secretary of the Senate to transmit an enrolled copy of been an estimated 10 arson attacks on unreg- f istered Protestant churches, with little or no this resolution to Dom Starsia of the Na- effective response by law enforcement offi- SENATE RESOLUTION 501—COM- tional Champion University of Virginia cials to bring the perpetrators to justice; MENDING THE UNIVERSITY OF Cavaliers and a copy to John T. Casteen III, Whereas the Government of the Russian VIRGINIA CAVALIERS MEN’S LA- the president of the University of Virginia. Federation reacted swiftly in response to the CROSSE TEAM FOR WINNING THE f January 2006 attack on a Moscow synagogue, 2006 NATIONAL COLLEGIATE ATH- but there have been numerous other anti-Se- SENATE RESOLUTION 502—CON- mitic attacks against Jews and Jewish insti- LETIC ASSOCIATION DIVISION I GRATULATING ALL THE CON- tutions in the Russian Federation, and there NATIONAL LACROSSE CHAMPION- TESTANTS OF THE 2006 SCRIPPS is increasing tolerance of anti-Semitism in SHIP. NATIONAL SPELLING BEE certain segments of society in that country; Mr. ALLEN (for himself and Mr. Mr. LAUTENBERG (for himself and Whereas there has been evidence of an in- WARNER) submitted the following reso- crease in the frequency and severity of op- Mr. MENDENDEZ) submitted the fol- pressive actions by security forces and fed- lution; which was considered and lowing resolution; which was consid- eral and local officials against some Muslim agreed to: ered and agreed to: communities and their members; S. RES. 501 S. RES. 502 Whereas there are many cases involving Whereas the students, alumni, faculty, and Whereas the Scripps National Spelling Bee restitution for religious property seized by supporters of the University of Virginia are is the largest and longest-running edu- the Soviet regime that remain unresolved; to be congratulated for their commitment cational promotion in the United States, and Whereas in some areas of the Russian Fed- to, and pride in, the University of Virginia is administered by the E.W. Scripps Com- eration law enforcement personnel have car- Cavaliers national champion men’s lacrosse pany and 268 local sponsors, most of whom ried out acts of harassment and oppression team; publish daily and weekly newspapers; against members of religious communities Whereas the University of Virginia Cava- Whereas the 2006 Scripps National Spelling peacefully practicing their faith and local of- liers men’s lacrosse team won the National Bee began with 275 competitors from across ficials have put overly burdensome restric- Collegiate Athletic Association (NCAA) the United States, American Samoa, the Ba- tions on the ability of some religious com- championship game 15–7 against the Univer- hamas, Canada, Europe, Guam, Jamaica, munities to engage in religious activity; and sity of Massachusetts Amherst Minutemen, New Zealand, Puerto Rico, and the Virgin Is- Whereas the United States has sought to and became the first team in NCAA history lands, each of whom had qualified for the protect the fundamental and inalienable to finish with a 17–0 record and the 12th team contest by winning locally-sponsored spell- right of individuals to profess and practice in NCAA history to win the national cham- ing bees; their faith, alone or in community with oth- pionship with an undefeated record; Whereas Miss Katharine ‘‘Kerry’’ Close is ers, according to the dictates of their con- Whereas the University of Virginia Cava- an 8th-grade student at the H.W. Mountz science, and in accordance with inter- liers men’s lacrosse team won the 2006 NCAA School in Spring Lake, New Jersey; national agreements committing nations to Division I National Championship, which Whereas the 13-year-old Miss Close first respect individual freedom of thought, con- was dominated by the Cavaliers possession, competed in the Scripps National Spelling science, and belief: Now, therefore, be it due to the impressive play of Drew Thomp- Bee as a 9-year-old, tied for 7th place in 2005, Now, therefore, be it son who won 8 out of 12 face offs, goals and competed for the 5th time this year, Resolved, That it is the sense of Congress scored by Matt Poskay, Ben Rubeor, Kyle sponsored by the Asbury Park Press and the that the United States Government should— Dixon, and Danny Glading, sparkling Home News Tribune; (1) urge the Government of the Russian goaltending by Kip Turner, and the out- Whereas Miss Close has spent between 1 Federation to ensure full protection of free- standing performance of NCAA Men’s Divi- hour and 2 hours a day looking up words and doms for all religious communities without sion I Lacrosse Tournament’s Most Out- their origins during the previous 5 years, yet distinction, whether registered or unregis- standing Player Matt Ward; has still found time for sailing, playing soc- tered, and end the harassment of unregis- Whereas the University of Virginia Cava- cer, and going to the mall and the movies tered religious groups by the security appa- liers men’s lacrosse team added the Division with her friends; ratus and other government agencies, there- I title to 5 previous national championships; Whereas Miss Close survived 19 rounds of by building upon the progress made over the Whereas every player on the University of fierce competition this year and won the 2006 past 15 years in promoting religious freedom Virginia lacrosse team, Will Barrow, Garrett Scripps National Spelling Bee in the 20th in the Russian Federation; Billings, Mike Britt, Douglas Brody, Patrick round by correctly spelling ‘‘ursprache’’, (2) urge the Government of the Russian Buchanan, Kevin Coale, Chris Conlon, Mi- which is defined as ‘‘a parent language, espe- Federation to ensure that law enforcement chael Culver, Joe Dewey, Kyle Dixon, Adam cially one reconstructed from the evidence of officials vigorously investigate and pros- Fassnacht, Drew Garrison, Steve Giannone, later languages’’; and ecute acts of violence, arson, and desecration Foster Gilbert, Gavin Gill, Danny Glading, Whereas the achievement of Miss Close perpetrated against registered and unregis- Charlie Glazer, Pike Howard, Drew Jordan, brings an immense sense of pride to H.W. tered religious communities, as well as make Matt Kelly, Ryan Kelly, James King, Jared Mountz School, her hometown of Spring

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5509 Lake, and the entire State of New Jersey: On page 20, line 25, strike ‘‘$500,000’’ and in- ate Committee on Commerce, Science, Now, therefore, be it sert ‘‘$150,000’’. and Transportation Subcommittee on Resolved, That the Senate— Consumer Affairs, Product Safety, and SA 4191. Mr. McCONNELL (for Ms. (1) congratulates all of the contestants of Insurance be authorized to meet on the 2006 Scripps National Spelling Bee; and SNOWE) proposed an amendment to the Tuesday, June 6, 2006, at 10 a.m. on (2) respectfully requests the Secretary of bill S. 457, to require the Director of Compliance with All-Terrain Vehicle the Senate to transmit an enrolled copy of the Office of Management and Budget Standards. this resolution to the H.W. Mountz School, to issue guidance for, and provide over- located in Spring Lake, New Jersey. The PRESIDING OFFICER. Without sight of, the management of micropur- objection, it is so ordered. f chases made with Governmentwide AMENDMENTS SUBMITTED AND commercial purchase cards, and for f PROPOSED other purposes; as follows: PRIVILEGES OF THE FLOOR On page 3, between lines 3 and 4, insert the SA 4189. Mr. WYDEN submitted an amend- Mr. FEINGOLD. Mr. President, I ask ment intended to be proposed by him to the following: (6) Analysis of purchase card expenditures unanimous consent Kumar Garg, an in- bill S. 2012, to authorize appropriations to tern from the Senate Judiciary Com- the Secretary of Commerce for the Magnu- to identify opportunities for achieving and son-Stevens Fishery Conservation and Man- accurately measuring fair participation of mittee Subcommittee on Constitution, agement Act for fiscal years 2006 through small business concerns in micro-purchases be granted floor privileges for the dura- 2012, and for other purposes; which was or- consistent with the national policy on small tion of the debate on Senate Joint Res- dered to lie on the table. business participation in Federal procure- olution 1, the Federal Marriage Amend- ments set forth in sections 2(a) and 15(g) of SA 4190. Mr. McCONNELL (for Mr. STE- ment. the Small Business Act (15 U.S.C. 631(a) and VENS) proposed an amendment to the bill S. The PRESIDING OFFICER. Without 2013, to amend the Marine Mammal Protec- 644(g)), and dissemination of best practices for participation of small business concerns objection, it is so ordered. tion Act of 1972 to implement the Agreement Mr. KENNEDY. Mr. President, I ask on the Conservation and Management of the in micro-purchases. Alaska-Chukotka Polar Bear Population. f unanimous consent that floor privileges be granted to two legal fellows on SA 4191. Mr. McCONNELL (for Ms. SNOWE) AUTHORITY FOR COMMITTEES TO proposed an amendment to the bill S. 457, to my staff, Jon Donenberg and Norah require the Director of the Office of Manage- MEET Bringer, for the remainder of the Sen- ment and Budget to issue guidance for, and COMMITTEE ON THE JUDICIARY ate session. provide oversight of, the management of Mr. SANTORUM. Mr. President, I The PRESIDING OFFICER. Without micropurchases made with Governmentwide ask unanimous consent that the Sen- objection, it is so ordered. commercial purchase cards, and for other ate Committee on the Judiciary be au- Mr. HARKIN. Mr. President, I ask purposes. thorized to meet to conduct a hearing unanimous consent that Scott McDon- f on ‘‘Examining DOJ’s Investigation of ald of my staff be granted the privi- TEXT OF AMENDMENTS Journalists Who Publish Classified In- leges of the floor for the duration of to- SA 4189. Mr. WYDEN submitted an formation: Lessons from the Jack An- day’s session. amendment intended to be proposed by derson Case’’ on Tuesday, June 6, 2006 The PRESIDING OFFICER. Without him to the bill S. 2012, to authorize ap- at 9:30 a.m. in Dirksen Senate Office objection, it is so ordered. propriations to the Secretary of Com- Building room 226. The PRESIDING OFFICER. The Sen- ator from Kentucky. merce for the Magnuson-Stevens Fish- Witness list ery Conservation and Management Act Panel I: Matthew Friedrich, Chief of f for fiscal years 2006 through 2012, and Staff for the Criminal Division, De- UNANIMOUS CONSENT REQUEST— for other purposes; which was ordered partment of Justice, Washington, DC. H.R. 5403 to lie on the table; as follows: Panel II: Rodney Smolla, Dean and Mr. MCCONNELL. I ask unanimous On page 64, line 10, insert ‘‘(a) IN GEN- Professor, University of Richmond consent the Senate proceed to the im- ERAL.—’’ before ‘‘Title’’. School of Law, Richmond, VA; Gabriel On page 68, between line 2 and 3, insert the mediate consideration of H.R. 5403, the Schoenfeld, Senior Editor, Com- following: Safe and Timely Interstate Placement mentary, New York, NY; Kevin N. An- (b) OREGON AND CALIFORNIA SALMON FISH- of Foster Children Act, that the bill be derson, Fabian & Clendenin, Salt Lake ERY.—Within 30 days after the date of enact- read a third time and passed, the mo- City, UT; Mark Feldstein, Director of ment of this Act, the Secretary of Commerce tion to reconsider be laid upon the shall initiate assistance under section 312(a) Journalism Program and Associate table, and that any statements relating of the Magnuson-Stevens Fishery Conserva- Professor of Media and Public Affairs, to the bill be printed in the RECORD. tion and Management Act (16 U.S.C. 1861a(a)) School of Media and Public Affairs, The PRESIDING OFFICER. Is there and section 308(d) of the Interjurisdictional George Washington University, Wash- Fisheries Act of 1986 (16 U.S.C. 4107(d)) for objection? ington, DC. the 2006 Oregon and California fall Chinook Mrs. BOXER. Mr. President, on be- The PRESIDING OFFICER. Without salmon fishery to the same extent and in the half of Democrats, I must object. objection, it is so ordered. same manner as if the Secretary had deter- The PRESIDING OFFICER. Objec- mined on the date of enactment of this Act COMMITTEE ON THE JUDICIARY tion is heard. that, with respect to that fishery, there is— Mr. SANTORUM. Mr. President, I (A) a commercial fishery failure under sec- ask unanimous consent that the Com- f tion 312(a) of the Magnuson-Stevens Fishery mittee on the Judiciary be authorized DEATH TAX REPEAL PERMA- Conservation and Management Act (16 U.S.C. to meet to conduct a markup on Tues- 1861a(a)); and NENCY ACT OF 2005—MOTION TO (B) a fishery resource disaster under sec- day, June 6, 2006, at 2:30 p.m. in the PROCEED Dirksen Senate Office Building room tion 308(d) of the Interjurisdictional Fish- CLOTURE MOTION eries Act of 1986 (16 U.S.C. 4107(d)). 226. The agenda will be provided when it becomes available. Mr. MCCONNELL. I now move to pro- SA 4190. Mr. MCCONNELL (for Mr. ceed to Calendar No. 84, H.R. 8, related Matters STEVENS) proposed an amendment to to the repeal of the death tax. I send a the bill S. 2013, to amend the Marine Discussion of the possibility of sub- cloture motion to the desk. Mammal Protection Act of 1972 to im- poenas and a closed session for a The PRESIDING OFFICER. The clo- plement the Agreement on the Con- Telecom/NSA Information Sharing ture motion having been presented servation and Management of the Alas- hearing. under rule XXII, the Chair directs the ka-Chukotka Polar Bear Population; as The PRESIDING OFFICER. Without clerk to read the motion. follows: objection, it is so ordered. The assistant legislative clerk read as follows: On page 20, line 16, strike ‘‘$3,000,000’’ and SUBCOMMITTEE ON CONSUMER AFFAIRS, insert ‘‘$1,000,000’’. PRODUCT SAFETY, AND INSURANCE CLOTURE MOTION On page 20, line 20, strike ‘‘$500,000’’ and in- Mr. SANTORUM. Mr. President, I We, the undersigned Senators, in accord- sert ‘‘$150,000’’. ask unanimous consent that the Sen- ance with the provisions of rule XXII of the

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5510 CONGRESSIONAL RECORD — SENATE June 6, 2006 Standing Rules of the Senate, do hereby Mr. MCCONNELL. I ask unanimous Cavaliers and a copy to John T. Casteen III, move to bring to a close debate on the mo- consent the resolution be agreed to, the president of the University of Virginia. tion to proceed to Calendar No. 84, H.R. 8: to the preamble be agreed to, and the mo- f make the repeal of the estate tax permanent. tion to reconsider by laid upon the Bill Frist, Jon Kyl, Jim Bunning, Conrad CONGRATULATING CONTESTANTS table. OF THE 2006 SCRIPPS SPELLING Burns, Richard Burr, Tom Coburn, The PRESIDING OFFICER. Without BEE Wayne Allard, Craig Thomas, George objection, it is so ordered. Allen, Judd Gregg, Johnny Isakson, The resolution (S. Res. 501) was Mr. MCCONNELL. Mr. President, I David Vitter, John Thune, Mike Crapo, agreed to. ask unanimous consent the Senate pro- Jeff Sessions, John Ensign, Rick Santorum. The preamble was agreed to. ceed to the immediate consideration of The resolution, with its preamble, S. Res. 502, submitted earlier today. Mr. MCCONNELL. I now withdraw reads as follows: The PRESIDING OFFICER. The my motion to proceed. S. RES. 501 clerk will report the resolution by f Whereas the students, alumni, faculty, and title. NATIVE HAWAIIAN GOVERNMENT supporters of the University of Virginia are The assistant legislative clerk read REORGANIZATION ACT OF 2005— to be congratulated for their commitment as follows: to, and pride in, the University of Virginia MOTION TO PROCEED A resolution (S. Res. 502) congratulating Cavaliers national champion men’s lacrosse all of the contestants of the 2006 Scripps Na- CLOTURE MOTION team; tional Spelling Bee. Whereas the University of Virginia Cava- Mr. MCCONNELL. I move to proceed There being no objection, the Senate to Calendar No. 101, S. 147, a bill re- liers men’s lacrosse team won the National Collegiate Athletic Association (NCAA) proceeded to consider the resolution. lated to Native Hawaiians. championship game 15–7 against the Univer- Mr. LAUTENBERG. Mr. President, I On behalf of the Democratic minor- sity of Massachusetts Amherst Minutemen, rise today to congratulate the young ity, I send a motion to the desk. and became the first team in NCAA history men and women who competed in the The PRESIDING OFFICER. The clo- to finish with a 17–0 record and the 12th team 79th annual Scripps National Spelling ture motion having been presented in NCAA history to win the national cham- Bee last week. I would like to extend under rule XXII, the Chair directs the pionship with an undefeated record; Whereas the University of Virginia Cava- special praise to Miss Katharine clerk to read the motion. ‘‘Kerry’’ Close for winning this de- The assistant legislative clerk read liers men’s lacrosse team won the 2006 NCAA Division I National Championship, which manding competition. Miss Close is an as follows: was dominated by the Cavaliers possession, eighth grade student at the H.W. CLOTURE MOTION due to the impressive play of Drew Thomp- Mountz School in Spring Lake, NJ, and We, the undersigned Senators, in accord- son who won 8 out of 12 face offs, goals was sponsored by the Asbury Park ance with the provisions of rule XXII of the scored by Matt Poskay, Ben Rubeor, Kyle Press and the Home News Tribune. Standing Rules of the Senate, hereby move Dixon, and Danny Glading, sparkling Other New Jersey participants included to bring to a close the debate on the motion goaltending by Kip Turner, and the outstanding performance of NCAA Men’s Divi- Serenity Fung of Faith Hope Love to proceed to Calendar No. 101, S. 147, Native Academy in Somerset, Joseph Reed of Hawaiians Governing Entity. sion I Lacrosse Tournament’s Most Out- standing Player Matt Ward; Deerfield Township Elementary School Daniel K. Akaka, Daniel K. Inouye, Whereas the University of Virginia Cava- in Rosenhayn, Austin Tamutus of Charles Schumer, Jack Reed, Patrick liers men’s lacrosse team added the Division MacFarland Junior School in Leahy, Joe Biden, Barbara Mikulski, I title to 5 previous national championships; Bordentown, Tianqi Wang of Ramapo Evan Bayh, Barbara Boxer, Frank Lau- Whereas every player on the University of tenberg, Harry Reid, Jay Rockefeller, Ridge Middle School in Mahwah, and Virginia lacrosse team, Will Barrow, Garrett Nisha Sadanand Naik of St. Anne’s Richard Durbin, Jeff Bingaman, Ed- Billings, Mike Britt, Douglas Brody, Patrick ward Kennedy, Herb Kohl, James M. Buchanan, Kevin Coale, Chris Conlon, Mi- Parish School in Jersey City. I am Jeffords, Mark Dayton, Jon Kyl, Norm chael Culver, Joe Dewey, Kyle Dixon, Adam proud of all of them. Coleman. Fassnacht, Drew Garrison, Steve Giannone, Miss Close—showing true grace under Mr. MCCONNELL. Mr. President, I Foster Gilbert, Gavin Gill, Danny Glading, pressure—won in the 20th round by cor- ask unanimous consent the live Charlie Glazer, Pike Howard, Drew Jordan, rectly spelling ‘‘ursprache,’’ which is quorums required under rule XXII be Matt Kelly, Ryan Kelly, James King, Jared defined as ‘‘a parent language, espe- waived. Little, J.J. Morrissey, Chris Ourisman, Matt cially one reconstructed from the evi- The PRESIDING OFFICER. Without Paquet, Michael ‘‘Bud’’ Petit, Derek dence of later languages.’’ Miss Close is Pilipiak, Max Pomper, Matt Poskay, Jack objection, it is so ordered. Riley, Ben Rubeor, Tim Shaw, Ricky Smith, a five-time veteran of the National Mr. MCCONNELL. Mr. President and Drew Thompson, Mike Timms, Kip Turner, Spelling Bee, first competing when she Members of the Senate, a clarification. Mark Wade, and Matt Ward, contributed to was 9. She tied for seventh place last These cloture votes will occur on the team’s success in this undefeated cham- year. Over the past 5 years, Miss Close Thursday. We will set aside some time pionship season; has spent between 1 and 2 hours each for debate on both of these issues to- Whereas the University of Virginia Cava- day looking up words and their origins morrow afternoon. liers outstanding, creative, and motivational in order to prepare for the contests. lacrosse Head Coach Dom Starsia has had a Her dedication should serve as an inspi- f successful 14-year tenure as the University of Virginia’s head lacrosse coach that includes ration to all of us. COMMENDING THE UNIVERSITY OF The 2006 Scripps National Spelling VIRGINIA CAVALIERS MEN’S LA- 3 NCAA Division I Men’s Lacrosse National Championships; and Bee, which is administered by the E.W. CROSSE TEAM Whereas Assistant Coaches Marc Van Scripps Company and 268 local spon- Mr. MCCONNELL. Mr. President, I Arsdale and Hannon Wright deserve high sors, is the largest and longest running ask unanimous consent that the Sen- commendation for their strong leadership educational promotion in the United ate proceed to consideration of S. Res. and superb coaching support, as well as the States. This competition began with 501, which was submitted earlier today. dedication of team staff members Lorenzo 275 competitors from across the United Rivers, Katie Serenelli, Matt Diehl, Jade The PRESIDING OFFICER. The White, and Dr. Danny Mistry to the Univer- States, American Samoa, the Bahamas, clerk will report the resolution by sity of Virginia Cavaliers men’s lacrosse Canada, Europe, Guam, Jamaica, New title. team: Now, therefore, be it Zealand, Puerto Rico, and the U.S. Vir- The assistant legislative clerk read Resolved, That the Senate— gin Islands who qualified for the con- as follows: (1) congratulates the University of Vir- test by winning locally sponsored spell- ginia Cavaliers men’s lacrosse team for win- A resolution (S. Res. 501) commending the ing bees. ning the 2006 National Collegiate Athletic University of Virginia Cavaliers men’s la- I hope that my colleagues will join Association Division I, National Champion- crosse team for winning the 2006 National me in congratulating Miss Close and ship; and Collegiate Athletic Association Division I (2) respectfully requests the Secretary of the other 274 competitors in this year’s National Lacrosse Championship. the Senate to transmit an enrolled copy of Scripps National Spelling Bee. There being no objection, the Senate this resolution to Dom Starsia of the Na- Mr. MCCONNELL. Mr. President, I proceeded to consider the resolution. tional Champion University of Virginia ask unanimous consent the resolution

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5511 be agreed to, the preamble be agreed the third time and passed, the motion ‘‘(1) to take any polar bear in violation of to, the motion to reconsider be laid to reconsider be laid upon the table and the Agreement; upon the table, and any statements be any statements be printed in the ‘‘(2) to take any polar bear in violation of any annual taking limit or other restriction printed in the RECORD. RECORD. The PRESIDING OFFICER. Without on the taking of polar bears that is adopted The PRESIDING OFFICER. Without by the United States-Russia Polar Bear Com- objection, it is so ordered. objection, it is so ordered. mission pursuant to the Agreement; The resolution (S. Res. 502) was The amendment (No. 4190) was agreed ‘‘(3) to import, export, possess, transport, agreed to. to, as follows: sell, receive, acquire, purchase, exchange, The preamble was agreed to. (Purpose: To reduce the amount authorized barter, or offer to sell, exchange, or barter The resolution, with its preamble, is to be appropriated for each of the fiscal any polar bear, or any part or product of a as follows: years) polar bear, that is taken in violation of the On page 20, line 16, strike ‘‘$3,000,000’’ and Agreement or any limit or restriction on S. RES. 502 insert ‘‘$1,000,000’’. taking that is adopted by the United States- Whereas the Scripps National Spelling Bee On page 20, line 20, strike ‘‘$500,000’’ and in- Russia Polar Bear Commission; is the largest and longest-running edu- sert ‘‘$150,000’’. ‘‘(4) to import, export, possess, transport, cational promotion in the United States, and On page 20, line 25, strike ‘‘$500,000’’ and in- sell, receive, acquire, purchase, exchange, or is administered by the E.W. Scripps Com- sert ‘‘$150,000’’. barter, offer to sell, exchange, or barter, pany and 268 local sponsors, most of whom The bill (S. 2013), as amended, was or- polar bear gall bile or a polar bear gall blad- publish daily and weekly newspapers; dered to be engrossed for a third read- der; Whereas the 2006 Scripps National Spelling ing, read the third time and passed, as ‘‘(5) to attempt to commit, solicit another Bee began with 275 competitors from across follows: person to commit, or cause to be committed, the United States, American Samoa, the Ba- S. 2013 any offense under this subsection; or hamas, Canada, Europe, Guam, Jamaica, ‘‘(6) to violate any regulation promulgated Be it enacted by the Senate and House of Rep- New Zealand, Puerto Rico, and the Virgin Is- by the Secretary to implement any of the resentatives of the United States of America in lands, each of whom had qualified for the prohibitions established in this subsection. Congress assembled, contest by winning locally-sponsored spell- ‘‘(b) EXCEPTIONS.—For the purpose of fo- ing bees; SECTION 1. SHORT TITLE. rensic testing or any other law enforcement Whereas Miss Katharine ‘‘Kerry’’ Close is This Act may be cited as the ‘‘United purpose, a government official may import a an 8th-grade student at the H.W. Mountz States-Russia Polar Bear Conservation and polar bear or any part or product of a polar School in Spring Lake, New Jersey; Management Act of 2005’’. bear. Whereas the 13-year-old Miss Close first SEC. 2. AMENDMENT OF MARINE MAMMAL PRO- ‘‘SEC. 503. ADMINISTRATION AND ENFORCEMENT. TECTION ACT OF 1972. competed in the Scripps National Spelling ‘‘(a) IN GENERAL.—The Secretary, acting Bee as a 9-year-old, tied for 7th place in 2005, (a) IN GENERAL.—The Marine Mammal Pro- through the United States Fish and Wildlife and competed for the 5th time this year, tection Act of 1972 (16 U.S.C. 1361 et seq.) is Service, shall do all things necessary and ap- sponsored by the Asbury Park Press and the amended by adding at the end thereof the propriate, including the promulgation of reg- Home News Tribune; following: ulations, to implement, enforce, and admin- Whereas Miss Close has spent between 1 ‘‘TITLE V—ALASKA-CHUKOTKA POLAR ister the provisions of the Agreement on be- hour and 2 hours a day looking up words and BEARS half of the United States. The Secretary their origins during the previous 5 years, yet ‘‘SEC. 501. DEFINITIONS. shall consult with the Secretary of State, has still found time for sailing, playing soc- ‘‘In this title: the Marine Mammal Commission, and the cer, and going to the mall and the movies ‘‘(1) AGREEMENT.—The term ‘Agreement’ Alaska Nanuuq Commission on matters in- with her friends; means the Agreement Between the Govern- volving the implementation of the Agree- Whereas Miss Close survived 19 rounds of ment of the United States of America and ment. The Secretary may utilize by agree- fierce competition this year and won the 2006 the Government of the Russian Federation ment, with or without reimbursement, the Scripps National Spelling Bee in the 20th on the Conservation and Management of the personnel, services, and facilities of any round by correctly spelling ‘‘ursprache’’, Alaska-Chukotka Polar Bear Population, other Federal agency, any State agency, or which is defined as ‘‘a parent language, espe- signed at Washington, D.C., on October 16, the Alaska Nanuuq Commission for purposes cially one reconstructed from the evidence of 2000. of carrying out this title or the Agreement. later languages’’; and ‘‘(2) ALASKA NANUUQ COMMISSION.—The Any person authorized by the Secretary Whereas the achievement of Miss Close term ‘Alaska Nanuuq Commission’ means under this subsection to enforce this title or brings an immense sense of pride to H.W. the Alaska Native entity, in existence on the the Agreement shall have the powers and au- Mountz School, her hometown of Spring date of enactment of this Act, that rep- thorities that are enumerated in section 6(b) Lake, and the entire State of New Jersey: resents all villages in the State of Alaska of the Lacey Act Amendments of 1981 (16 Now, therefore, be it that engage in the annual subsistence taking U.S.C. 3375(b)). ‘‘(b) FORFEITURE.— Resolved, That the Senate— of polar bears from the Alaska-Chukotka ‘‘(1) REQUIREMENT.— (1) congratulates all of the contestants of population and any successor entity. ‘‘(A) IN GENERAL.—A polar bear, or any the 2006 Scripps National Spelling Bee; and ‘‘(3) IMPORT.—The term ‘import’ means to part or product of a polar bear, that is (or at- (2) respectfully requests the Secretary of land on, bring into, or introduce into, or attempted to be) imported, exported, taken, the Senate to transmit an enrolled copy of tempt to land on, bring into, or introduce possessed, transported, sold, received, ac- this resolution to the H.W. Mountz School, into, any place subject to the jurisdiction of quired, purchased, exchanged, or bartered or located in Spring Lake, New Jersey. the United States, without regard to whether the landing, bringing, or introduction con- offered for sale, exchange, or barter, or pur- f stitutes an importation within the meaning chase, in violation of this title, shall be sub- UNITED STATES-RUSSIA POLAR of the customs laws of the United States. ject to seizure and forfeiture to the United BEAR CONSERVATION AND MAN- ‘‘(4) NATIVE PEOPLE.—The term ‘Native States without any showing that may be required for assessment of a civil penalty or AGEMENT ACT OF 2005 people’ has the meaning given the term in the Agreement. for criminal prosecution. Mr. MCCONNELL. Mr. President, I ‘‘(5) POLAR BEAR PART OR PRODUCT.—The ‘‘(B) EQUIPMENT.—Each gun, trap, net, or ask unanimous consent the Senate pro- term ‘part or product of a polar bear’ means other equipment used, and any vessel, vehi- ceed to the immediate consideration of any polar bear part or product, including the cle, aircraft, or other means of transpor- Calendar No. 365, S. 2013. gall bile and gall bladder. tation used, to aid in the violation or at- ‘‘(6) SECRETARY.—The term ‘Secretary’ tempted violation of this title shall be sub- The PRESIDING OFFICER. The means the Secretary of the Interior. ject to forfeiture to the United States upon clerk will report the bill by title. ‘‘(7) TAKING.—The term ‘taking’ means conviction of a criminal violation in accord- The assistant legislative clerk read hunting, capturing, or killing a polar bear. ance with subsection (e). as follows: ‘‘(8) UNITED STATES-RUSSIA POLAR BEAR ‘‘(2) INSPECTION.— A bill (S. 2013) to amend the Marine Mam- COMMISSION.—The term ‘United States-Rus- ‘‘(A) IN GENERAL.—Any person authorized mal Protection Act of 1972 to implement the sia Polar Bear Commission’ means the bina- by the Secretary, the Secretary of the Treas- Agreement on the Conservation and Manage- tional commission established under article ury, the Secretary of Homeland Security, or ment of the Alaska-Chukotka Polar Bear 8 of the Agreement. the Secretary of Commerce to enforce this Population. ‘‘(9) UNITED STATES SECTION.—The term title may— There being no objection, the Senate ‘United States Section’ means the commis- ‘‘(i) detain and inspect any container, in- sioners appointed by the President under cluding the contents of the container, and all proceeded to consider the bill. section 505 of this title. accompanying documents, upon importation Mr. MCCONNELL. I ask unanimous ‘‘SEC. 502. PROHIBITIONS. or exportation of the container; consent the amendment at the desk be ‘‘(a) IN GENERAL.—It is unlawful for any ‘‘(ii) search and, if the container is found agreed to, the bill, as amended, be read person— to contain a polar bear or part or product of

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DESIGNATION AND APPOINTMENT OF tion shall be held by any person authorized United States Code. MEMBERS OF THE UNITED STATES by the Secretary, the Secretary of the Treas- ‘‘(B) SUBPOENAS.—The Secretary may issue SECTION OF THE COMMISSION; COM- ury, the Secretary of Homeland Security, or subpoenas for the attendance and testimony PENSATION, TRAVEL EXPENSES, the Secretary of Commerce pending disposi- of witnesses and the production of relevant AND CLAIMS. tion of civil or criminal proceedings, or the papers, books, and documents, and admin- ‘‘(a) DESIGNATION AND APPOINTMENT.— institution of an action in rem for forfeiture ister oaths. ‘‘(1) IN GENERAL.—The United States shall of the polar bear, part, or product, in accord- ‘‘(C) REIMBURSEMENT OF WITNESSES.—A be represented on the United States-Russia ance with this subsection. witness summoned to appear in a proceeding Polar Bear Commission by 2 United States ‘‘(ii) BOND.—Subject to clause (iii), in lieu under this paragraph shall be paid the same commissioners. of holding a polar bear or any part or prod- fees and mileage that are paid to witnesses ‘‘(2) APPOINTMENT.—The United States uct of a polar bear described in clause (i), the in the courts of the United States. commissioners shall be appointed by the Secretary may permit the owner to post a ‘‘(D) CONTUMACY.—In case of contumacy or President, after taking into consideration bond or other surety satisfactory to the Sec- refusal to obey a subpoena served upon any the recommendations of— retary. person under this paragraph— ‘‘(A) the Secretary; ‘‘(iii) DISPOSAL.—Upon forfeiture of any ‘‘(i) the United States district court for ‘‘(B) the Secretary of State; property to the United States under this sub- any district in which the person is found, re- ‘‘(C) the Speaker of the House of Rep- section, or the abandonment or waiver of sides, or transacts business, upon application resentatives and the President pro tempore any claim to any such property, the property by the United States and after notice to the of the Senate; and shall be disposed of by the Secretary in such person, shall have jurisdiction to issue an ‘‘(D) the Alaska Nanuuq Commission. a manner, consistent with the purposes of order requiring the person to appear and give ‘‘(3) QUALIFICATIONS.—With respect to the this title, as the Secretary shall by regula- testimony before the Secretary, to appear United States commissioners appointed tion prescribe. and produce documents before the Secretary, under this subsection, in accordance with ‘‘(3) APPLICABLE LAW.— or both; and paragraph 2 of article 8 of the Agreement— ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(ii) any failure to obey such an order of ‘‘(A) 1 United States commissioner shall be (B), the following provisions of law described the court may be punished by the court as a an official of the Federal Government; in subparagraph (B) shall apply to all sei- contempt of the court. ‘‘(B) 1 United States commissioner shall be zures and forfeitures carried out under this ‘‘(d) CRIMINAL PENALTIES.—A person who a representative of the Native people of Alas- title: knowingly violates section 502 shall be fined ka, and, in particular, the Native people for ‘‘(i) All provisions of law relating to the not more than $100,000 for each such viola- whom polar bears are an integral part of seizure, forfeiture, and condemnation of tion, imprisoned not more than 1 year, or their culture; and property for violation of the customs laws. both. ‘‘(C) both commissioners shall be knowl- ‘‘(ii) All provisions of law relating to the ‘‘(e) DISTRICT COURT JURISDICTION.— edgeable of, or have expertise in, polar bears. disposition of seized or forfeited property or ‘‘(1) IN GENERAL.—The United States dis- ‘‘(4) SERVICE AND TERM.—Each United the proceeds from the sale of that property. trict courts, including the courts specified in States commissioner shall serve— ‘‘(iii) All provisions of law relating to the section 460 of title 28, United States Code, ‘‘(A) at the pleasure of the President; and remission or mitigation of that forfeiture. shall have jurisdiction over any action aris- ‘‘(B) for an initial 4-year term and such ad- ‘‘(iv) Section 981 of title 18, United States ing under this title. ditional terms as the President shall deter- Code. ‘‘(2) ALASKAN CASES.—Notwithstanding mine. ‘‘(B) EXCEPTION.—All powers, rights, and paragraph (1), the United States District ‘‘(5) VACANCIES.— duties conferred or imposed by the customs Court for the district of Alaska shall have ‘‘(A) IN GENERAL.—Any individual ap- laws upon any officer or employee of the De- exclusive original jurisdiction of any action pointed to fill a vacancy occurring before the partment of Treasury shall, for the purpose arising under this title for any violation expiration of any term of office of a United of this title, be exercised or performed by— committed, or alleged to have been com- States commissioner shall be appointed for ‘‘(i) the Secretary or the Secretary’s des- mitted, in Alaska. the remainder of that term. ‘‘(f) OTHER ENFORCEMENT.—The importa- ignee; or ‘‘(B) MANNER.—Any vacancy on the United tion or exportation of a polar bear, or any ‘‘(ii) such persons as the Secretary may States-Russia Polar Bear Commission shall part or product of a polar bear, that is taken, designate. be filled in the same manner as the original ‘‘(c) CIVIL PENALTIES.— possessed, transported, sold, received, acquired, purchased, exchanged, or bartered or appointment. ‘‘(1) PENALTIES.— ‘‘(b) ALTERNATE COMMISSIONERS.— offered for sale, exchange, or barter, or pur- ‘‘(A) IN GENERAL.—Any person who know- ‘‘(1) IN GENERAL.—The Secretary, in con- chase, in violation of the Agreement or any ingly engages in conduct prohibited by sec- sultation with the Secretary of State, the tion 502, or who in the exercise of due care limitation or restriction of the United States-Russia Polar Bear Commission shall Speaker of the House of Representatives, the should know that the person is engaging in President pro tempore of the Senate, and the conduct prohibited by section 502, may be as- be considered to be transportation of wildlife for the purpose of section 3(a) of the Lacey Alaska Nanuuq Commission, shall designate sessed a civil penalty by the Secretary of not Act Amendments of 1981 (16 U.S.C. 3372(a)). an alternate commissioner for each member more than $50,000 for each violation. ‘‘(g) REGULATIONS.— of the United States Section. ‘‘(B) NOTICE AND OPPORTUNITY FOR HEAR- ‘‘(1) IN GENERAL.—The Secretary shall pro- ‘‘(2) DUTIES.—In the absence of a commis- ING.—No penalty may be assessed against a mulgate such regulations as are necessary to sioner, an alternate commissioner may exer- person under this paragraph unless the per- carry out this title and the Agreement. cise all functions of the commissioner at any son is given notice and opportunity for a ‘‘(2) ORDINANCES AND REGULATIONS.—If nec- meetings of the United States-Russia Polar hearing with respect to the violation for essary to carry out this title and the Agree- Bear Commission or of the United States which the penalty is assessed. ment, and to improve compliance with the Section. ‘‘(C) SEPARATE OFFENSES.—Each violation annual taking limit or other restriction on ‘‘(3) REAPPOINTMENT.—An alternate com- shall be a separate offense. taking adopted by the United States-Russia missioner— ‘‘(D) REMISSION AND MITIGATION.—A civil Polar Bear Commission and implemented by ‘‘(A) shall be eligible for reappointment by penalty assessed under this paragraph may the Secretary in accordance with this title, the President; and be remitted or mitigated by the Secretary. the Secretary may promulgate regulations ‘‘(B) may attend all meetings of the United ‘‘(E) CIVIL ACTION.—Upon any failure by a that adopt any ordinance or regulation that States Section. person to pay a civil penalty assessed under restricts the taking of polar bears for sub- ‘‘(c) DUTIES.—The members of the United this paragraph— sistence purposes if the ordinance or regula- States Section may carry out the functions ‘‘(i) the Secretary may request the Attor- tion has been promulgated by the Alaska and responsibilities described in article 8 of ney General to bring a civil action in the Nanuuq Commission. the Agreement in accordance with this title United States district court for any district ‘‘(h) USE OF PENALTY AMOUNTS.—Amounts and the Agreement. in which the person is found, resides, or received as penalties, fines, or forfeiture of ‘‘(d) COMPENSATION AND EXPENSES.— transacts business to collect the penalty; property under this section shall be used in ‘‘(1) COMPENSATION.—A member of the and accordance with section 6(d) of the Lacey United States Section shall serve without ‘‘(ii) the court shall have jurisdiction to Act Amendments of 1981 (16 U.S.C. 3375(d)). compensation. hear and decide any such action. ‘‘(i) SEVERABILITY.—If any provision of this ‘‘(2) TRAVEL EXPENSES.—A member of the ‘‘(F) STANDARD.—A court shall hear and title is, for any reason, found to be invalid United States Section shall be allowed travel sustain a civil action by the Secretary under by a court of competent jurisdiction, the expenses, including per diem in lieu of sub- subparagraph (E) if the civil action is sup- judgment of the court— sistence, at rates authorized for an employee

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of an agency under subchapter I of chapter 57 ‘‘(b) COMMISSION.—There are authorized to ings through micropurchases made in eco- of title 5, United States Code, while away be appropriated to the Secretary to carry nomical volumes. from the home or regular place of business of out functions and responsibilities of the (2) Negotiation of discount agreements the member in the performance of the duties United States Section $150,000 for each of fis- with major vendors accepting the purchase of the United States-Russia Polar Bear Com- cal years 2006 through 2010. card. mission. ‘‘(c) ALASKAN COOPERATIVE MANAGEMENT (3) Establishment of communication pro- ‘‘(e) AGENCY DESIGNATION.—The United PROGRAM.—There are authorized to be appro- grams to ensure that purchase card holders States Section shall, for the purpose of title priated to the Secretary to carry out this receive information pertaining to the avail- 28, United States Code, relating to claims title and the Agreement in Alaska $150,000 ability of discounts, including programs for against the United States and tort claims for each of fiscal years 2006 through 2010.’’. the training of purchase card holders on the procedure, be considered to be a Federal (b) CLERICAL AMENDMENT.—The table of availability of discounts. agency. contents in the first section of the Marine (4) Assessment of cardholder purchasing ‘‘SEC. 505. VOTES TAKEN BY THE UNITED STATES Mammal Protection Act of 1972 (16 U.S.C. practices, including use of discount agree- SECTION ON MATTERS BEFORE THE 1361 et seq.) is amended by adding at the end ments. COMMISSION. the following: (5) Collection and dissemination of best In accordance with paragraph 3 of article 8 TITLE V—ALASKA-CHUKOTKA POLAR BEARS practices and successful strategies for of the Agreement, the United States Section ‘‘Sec. 501. Definitions. achieving savings in micropurchases. shall vote on any issue before the United (b) GENERAL SERVICES ADMINISTRATION.— ‘‘Sec. 502. Prohibitions. States-Russia Polar Bear Commission only if The Administrator of General Services shall ‘‘Sec. 503. Administration and enforcement. there is no disagreement between the 2 ødirect the purchase card program manager ‘‘Sec. 504. Designation and appointment of United States commissioners regarding the of the General Services Administration¿— members of the United States vote. (1) øto continue¿ continue efforts to im- Section of the Commission; ‘‘SEC. 506. IMPLEMENTATION OF ACTIONS TAKEN prove reporting by financial institutions compensation, travel expenses, BY THE COMMISSION. that issue the Governmentwide commercial and claims. ‘‘(a) IN GENERAL.—The Secretary shall purchase card so that the General Services ‘‘Sec. 505. Votes taken by the United States take all necessary and appropriate actions to Administration has the data needed to iden- Section on matters before the implement the decisions and determinations tify opportunities for achieving savings; and Commission. of the United States-Russia Polar Bear Com- (2) øto ensure that the acquisition center ‘‘Sec. 506. Implementation of actions taken mission under paragraph 7 of article 8 of the contracting officers of the General Services by the Commission. Agreement. Administration¿ actively pursue point-of- ‘‘Sec. 507. Cooperative management agree- ‘‘(b) TAKING LIMITATION.—Not later than 60 sale discounts with major vendors accepting ment; authority to delegate en- days after the date on which the Secretary the purchase card so that any Federal Gov- forcement authority. receives notice of the determination of the ernment purchaser using the purchase card ‘‘Sec. 508. Application with other titles of United States-Russia Polar Bear Commission can benefit from such point-of-sale dis- of an annual taking limit, or of the adoption Act. ‘‘Sec. 509. Authorization of appropriations.’’. counts. by the United States-Russia Polar Bear Com- (c) AGENCY REPORTING REQUIREMENT.— mission of other restriction on the taking of f øThe purchase card program manager¿ The polar bears for subsistence purposes, the Sec- PURCHASE CARD WASTE senior procurement executive for each execu- retary shall publish a notice in the Federal tive agency shall, as directed by the Director Register announcing the determination or ELIMINATION ACT OF 2006 of the Office of Management and Budget, restriction. Mr. MCCONNELL. Mr. President, I submit to the Director periodic reports on ‘‘SEC. 507. COOPERATIVE MANAGEMENT AGREE- ask unanimous consent that the Sen- the actions taken in such executive agency MENT; AUTHORITY TO DELEGATE pursuant to the guidelines issued under sub- ENFORCEMENT AUTHORITY. ate proceed to the immediate consideration of Calendar No. 438, S. 457. section (a). ‘‘(a) IN GENERAL.—The Secretary, acting (d) CONGRESSIONAL OVERSIGHT.—Not later through the United States Fish and Wildlife The PRESIDING OFFICER. The than December 31 of the year following the Service, may share authority under this title clerk will report the bill by title. year in which this Act is enacted, and De- for the management of the taking of polar The assistant legislative clerk read cember 31 of each of the ensuing three years, bears for subsistence purposes with the Alas- as follows: the Director of the Office of Management ka Nanuuq Commission. A bill (S. 457) to require the director of the and Budget shall submit to the Committee ‘‘(b) DELEGATION.—To be eligible for the Office of Management and Budget to issue on Homeland Security and Governmental Af- cooperative management authority de- guidance for, and provide oversight of, the fairs of the Senate and the Committee on scribed in subsection (a), the Alaska Nanuuq management of micropurchases made with Government Reform of the House of Rep- Commission— Governmentwide commercial purchase cards, resentatives a report summarizing the ‘‘(1) shall have an active cooperative agree- and for other purposes. progress made during the fiscal year ending ment with the Secretary under section 119 of in the year in which such report is due— this title for the conservation of polar bears; There being no objection, the Senate (1) in improving the management of the ‘‘(2) shall meaningfully monitor compli- proceeded to consider the bill, which use of the Governmentwide commercial pur- ance with this title and the Agreement by had been reported from the Committee chase card for making micropurchases; and Alaska Natives; and on Homeland Security and Govern- (2) in achieving savings in micropurchases ‘‘(3) shall administer its co-management mental Affairs, with amendments, as made with such card, expressed in terms of program for polar bears in accordance with— follows: øsavings achieved by each executive agency¿ ‘‘(A) this title; (The parts of the bill intended to be average savings achieved by each executive ‘‘(B) the Agreement; and agency in the use of discount agreements identi- ‘‘(C) the Agreement on the Conservation of stricken are shown in boldface brack- fied in subsection (a) and the total savings Polar Bears, done at Oslo, November 15, 1973 ets and the parts of the bill intended to achieved Governmentwide. (27 UST 3918; TIAS 8409). be inserted are shown in italic.) (e) DEFINITIONS.—In this section: ‘‘SEC. 508. APPLICATION WITH OTHER TITLES OF S. 457 (1) The term ‘‘executive agency’’ has the ACT. Be it enacted by the Senate and House of Rep- meaning given such term in section 4 of the ‘‘(a) IN GENERAL.—The authority of the resentatives of the United States of America in Office of Federal Procurement Policy Act (41 Secretary under this title is in addition to, Congress assembled, U.S.C. 403). and shall not affect the authority of the Sec- (2) The term ‘‘micropurchase’’ means a retary under, the other titles of this Act or SECTION 1. SHORT TITLE. purchase in an amount not in excess of the the Lacey Act Amendments of 1981 (16 U.S.C. This Act may be cited as the ‘‘Purchase micropurchase threshold, as defined in sec- 3371 et seq.) or the exemption for Alaskan Card Waste Elimination Act of 2006’’. tion 32 of such Act (41 U.S.C. 428). natives under section 101(b) of this Act. SEC. 2. REQUIREMENT FOR GUIDANCE. SEC. 3. PAYMENTS TO FEDERAL CONTRACTORS ‘‘(b) CERTAIN PROVISIONS INAPPLICABLE.— (a) OFFICE OF MANAGEMENT AND BUDGET WITH FEDERAL TAX DEBT. The provisions of titles I through IV of this POLICY GUIDANCE.—Not later than 180 days The General Services Administration, in con- Act do not apply with respect to the imple- after the date of the enactment of this Act, junction with the Internal Revenue Service and mentation, enforcement, or administration the Director of the Office of Management the Financial Management Service, shall de- of this title.’’. and Budget shall issue guidelines to assist velop procedures to subject purchase card pay- ‘‘SEC. 509. AUTHORIZATION OF APPROPRIATIONS. the heads of executive agencies in improving ments to Federal contractors to the Federal Pay- ‘‘(a) IN GENERAL.—There are authorized to the management of the use of the Govern- ment Levy program. be appropriated to the Secretary to carry mentwide commercial purchase card for SEC. 4. REPORTING OF AIR TRAVEL BY FEDERAL out the functions and responsibilities of the making micropurchases. The Director shall GOVERNMENT EMPLOYEES. Secretary under this title and the Agree- include guidelines on the following matters: (a) ANNUAL REPORTS REQUIRED.—The Admin- ment $1,000,000 for each of fiscal years 2006 (1) Analysis of purchase card expenditures istrator of the General Services shall submit an- through 2010. to identify opportunities for achieving sav- nually to the Committee on Homeland Security

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 6333 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5514 CONGRESSIONAL RECORD — SENATE June 6, 2006 and Governmental Affairs of the Senate and the (3) Establishment of communication pro- submit annually to the Committee on Home- Committee on Government Reform of the House grams to ensure that purchase card holders land Security and Governmental Affairs of of Representatives a report on all first class and receive information pertaining to the avail- the Senate and the Committee on Govern- business class travel by employees of each exec- ability of discounts, including programs for ment Reform of the House of Representa- utive agency undertaken at the expense of the the training of purchase card holders on the tives a report on all first class and business Federal Government. availability of discounts. class travel by employees of each executive (b) CONTENT.—The reports submitted pursuant (4) Assessment of cardholder purchasing agency undertaken at the expense of the to subsection (a) shall include, at a minimum, practices, including use of discount agree- Federal Government. with respect to each travel by first class or busi- ments. (b) CONTENT.—The reports submitted pur- ness class— (5) Collection and dissemination of best suant to subsection (a) shall include, at a (1) the names of each traveler; practices and successful strategies for minimum, with respect to each travel by (2) the date of travel; achieving savings in micropurchases. first class or business class— (3) the points of origination and destination; (6) Analysis of purchase card expenditures (1) the names of each traveler; (4) the cost of the first class or business class to identify opportunities for achieving and (2) the date of travel; travel; and accurately measuring fair participation of (3) the points of origination and destina- (5) the cost difference between such travel and small business concerns in micro-purchases tion; travel by coach class. consistent with the national policy on small (4) the cost of the first class or business (c) EXECUTIVE AGENCY DEFINED.—In this sec- business participation in Federal procure- class travel; and tion, the term ‘‘executive agency’’ has the mean- ments set forth in sections 2(a) and 15(g) of (5) the cost difference between such travel ing given such term in section 4 of the Office of the Small Business Act (15 U.S.C. 631(a) and and travel by coach class. Federal Procurement Policy Act (41 U.S.C. 403). 644(g)), and dissemination of best practices (c) EXECUTIVE AGENCY DEFINED.—In this Mr. MCCONNELL. I ask unanimous for participation of small business concerns section, the term ‘‘executive agency’’ has the consent that the committee-reported in micro-purchases. meaning given such term in section 4 of the amendments be agreed to, the amend- (b) GENERAL SERVICES ADMINISTRATION.— Office of Federal Procurement Policy Act (41 ment at the desk be agreed to, the bill, The Administrator of General Services U.S.C. 403). shall— as amended, be read a third time and f passed, the motion to reconsider be (1) continue efforts to improve reporting by financial institutions that issue the Gov- laid upon the table, and that any state- APPOINTMENT OF COMMITTEE TO ernmentwide commercial purchase card so ESCORT HER EXCELLENCY, DR. ments relating to the bill be printed in that the General Services Administration the RECORD. has the data needed to identify opportunities VAIRA VIKE-FREIBERGA, PRESI- The PRESIDING OFFICER. Without for achieving savings; and DENT OF THE REPUBLIC OF LAT- objection, it is so ordered. (2) actively pursue point-of-sale discounts VIA The committee amendments were with major vendors accepting the purchase Mr. MCCONNELL. Mr. President, I agreed to. card so that any Federal Government pur- ask unanimous consent that the Presi- chaser using the purchase card can benefit The amendment (No. 4191) was agreed dent of the Senate be authorized to ap- to, as follows: from such point-of-sale discounts. (c) AGENCY REPORTING REQUIREMENT.—The point a committee on the part of the (Purpose: To require the Director of the Of- senior procurement executive for each execu- Senate to join with a like committee fice of Management and Budget to issue tive agency shall, as directed by the Director on the part of the House of Representa- guidelines identifying opportunities for of the Office of Management and Budget, tives to escort Her Excellency Dr. achieving and accurately measuring fair submit to the Director periodic reports on Vaira Vike-Freiberga, President of the participation of small business concerns in the actions taken in such executive agency micro-purchases) Republic of Latvia, to the House Cham- pursuant to the guidelines issued under sub- ber for a joint meeting on Wednesday, On page 3, between lines 3 and 4, insert the section (a). June 7, 2006. following: (d) CONGRESSIONAL OVERSIGHT.—Not later (6) Analysis of purchase card expenditures than December 31 of the year following the The PRESIDING OFFICER. Without to identify opportunities for achieving and year in which this Act is enacted, and De- objection, it is so ordered. accurately measuring fair participation of cember 31 of each of the ensuing three years, f small business concerns in micro-purchases the Director of the Office of Management consistent with the national policy on small and Budget shall submit to the Committee ORDERS FOR WEDNESDAY, JUNE 7, business participation in Federal procure- on Homeland Security and Governmental Af- 2006 ments set forth in sections 2(a) and 15(g) of fairs of the Senate and the Committee on Mr. MCCONNELL. Mr. President, I the Small Business Act (15 U.S.C. 631(a) and Government Reform of the House of Rep- 644(g)), and dissemination of best practices resentatives a report summarizing the ask unanimous consent that when the for participation of small business concerns progress made during the fiscal year ending Senate completes its business today, it in micro-purchases. in the year in which such report is due— adjourn until 9 a.m. on Wednesday, The bill (S. 457), as amended, was or- (1) in improving the management of the June 7; I further ask that following the dered to be engrossed for a third read- use of the Governmentwide commercial pur- prayer and pledge, the morning hour be ing, read the third time and passed, as chase card for making micropurchases; and deemed expired, the Journal of pro- (2) in achieving savings in micropurchases follows: ceedings be approved to date, the time made with such card, expressed in terms of for the two leaders be reserved, and the S. 457 average savings achieved by each executive Be it enacted by the Senate and House of Rep- agency in the use of discount agreements Senate resume consideration of the resentatives of the United States of America in identified in subsection (a) and the total sav- motion to proceed to S.J. Res. 1 and Congress assembled, ings achieved Governmentwide. the time until 9:40 be equally divided SECTION 1. SHORT TITLE. (e) DEFINITIONS.—In this section: between the two leaders or their des- This Act may be cited as the ‘‘Purchase (1) The term ‘‘executive agency’’ has the ignees; provided further that the time Card Waste Elimination Act of 2006’’. meaning given such term in section 4 of the from 9:40 to 9:50 be allocated to the SEC. 2. REQUIREMENT FOR GUIDANCE. Office of Federal Procurement Policy Act (41 Democratic leader or his designee, and (a) OFFICE OF MANAGEMENT AND BUDGET U.S.C. 403). the final 10 minutes be allocated to the POLICY GUIDANCE.—Not later than 180 days (2) The term ‘‘micropurchase’’ means a purchase in an amount not in excess of the majority leader or his designee; fur- after the date of the enactment of this Act, ther, that the vote on the motion to in- the Director of the Office of Management micropurchase threshold, as defined in sec- and Budget shall issue guidelines to assist tion 32 of such Act (41 U.S.C. 428). voke cloture on the motion to proceed the heads of executive agencies in improving SEC. 3. PAYMENTS TO FEDERAL CONTRACTORS occur at 10 o’clock in the morning. I the management of the use of the Govern- WITH FEDERAL TAX DEBT. further ask that following the vote, the mentwide commercial purchase card for The General Services Administration, in Senate stand in recess until 12 noon to making micropurchases. The Director shall conjunction with the Internal Revenue Serv- accommodate the joint meeting I was include guidelines on the following matters: ice and the Financial Management Service, referring to earlier. (1) Analysis of purchase card expenditures shall develop procedures to subject purchase The PRESIDING OFFICER. Without card payments to Federal contractors to the to identify opportunities for achieving sav- objection, it is so ordered. ings through micropurchases made in eco- Federal Payment Levy program. Mr. MCCONNELL. I further ask con- nomical volumes. SEC. 4. REPORTING OF AIR TRAVEL BY FEDERAL (2) Negotiation of discount agreements GOVERNMENT EMPLOYEES. sent that the time from noon until 3 with major vendors accepting the purchase (a) ANNUAL REPORTS REQUIRED.—The Ad- o’clock be allocated for debate on the card. ministrator of the General Services shall motion to proceed to H.R. 8, the death

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5515 tax relief bill, with the time divided as death tax relief bill and the Native Ha- FORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES FOR A TERM EXPIRING MAY 1, 2011, VICE L. D. follows: 12 to 12:30, majority control; waiian bill. BRITT, TERM EXPIRED. 12:30 to 1, minority control; alternating Moments ago, I filed cloture on both C. THOMAS YARINGTON, JR., OF WASHINGTON, TO BE A MEMBER OF THE BOARD OF REGENTS OF THE UNI- between the two sides every 30 minutes those motions, the death tax and Na- FORMED SERVICES UNIVERSITY OF THE HEALTH until 3 o’clock. I further ask consent tive Hawaiians. Those votes will be oc- SCIENCES FOR A TERM EXPIRING MAY 1, 2011, VICE IKRAM U. KHAN, TERM EXPIRED. that the time from 3 until 6 tomorrow curring sometime on Thursday. THE JUDICIARY afternoon be allocated for debate on f the motion to proceed to S. 147, the Na- MARCIA MORALES HOWARD, OF FLORIDA, TO BE ADJOURNMENT UNTIL 9 A.M. UNITED STATES DISTRICT JUDGE FOR THE MIDDLE DIS- tive Hawaiians bill, with the time di- TRICT OF FLORIDA, VICE HARVEY E. SCHLESINGER, RE- TOMORROW TIRED. vided as follows: 3 to 3:30, majority LESLIE SOUTHWICK, OF MISSISSIPPI, TO BE UNITED control; 3:30 to 4, minority control; al- Mr. MCCONNELL. Mr. President, if STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT there is no further business to come be- OF MISSISSIPPI, VICE WILLIAM H. BARBOUR, JR., RE- ternating between the two sides every TIRED. fore the Senate, I ask unanimous con- 30 minutes until 6 p.m. NATIONAL TRANSPORTATION SAFETY BOARD The PRESIDING OFFICER. Without sent that the Senate stand in adjourn- ROBERT L. SUMWALT III, OF SOUTH CAROLINA, TO BE A objection, it is so ordered. ment under the previous order. MEMBER OF THE NATIONAL TRANSPORTATION SAFETY There being no objection, the Senate, BOARD FOR THE REMAINDER OF THE TERM EXPIRING f DECEMBER 31, 2006, VICE RICHARD F. HEALING, RE- at 7:06 p.m., adjourned until Wednes- SIGNED. day, June 7, 2006, at 9 a.m. ROBERT L. SUMWALT III, OF SOUTH CAROLINA, TO BE A PROGRAM MEMBER OF THE NATIONAL TRANSPORTATION SAFETY f BOARD FOR A TERM EXPIRING DECEMBER 31, 2011. (RE- Mr. MCCONNELL. Mr. President, to- NOMINATIONS APPOINTMENT) morrow morning at 10:00, we will have IN THE MARINE CORPS Executive nominations received by a cloture vote on the motion to proceed THE FOLLOWING NAMED OFFICER FOR APPOINTMENT to the Marriage Protection Amend- the Senate June 6, 2006: TO THE GRADE OF LIEUTENANT GENERAL IN THE UNITED STATES MARINE CORPS WHILE ASSIGNED TO A ment. We have had a good debate dur- DEPARTMENT OF STATE POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER ing the last few days on that matter. It CESAR BENITO CABRERA, OF PUERTO RICO, TO BE AM- TITLE 10, U.S.C., SECTION 601: BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF To be lieutenant general is my hope that cloture will be invoked THE UNITED STATES OF AMERICA TO THE REPUBLIC OF in order to address this important MAURITIUS, AND TO SERVE CONCURRENTLY AND WITH- LT. GEN. JAMES N. MATTIS, 0000 issue. OUT ADDITIONAL COMPENSATION AS AMBASSADOR EX- TRAORDINARY AND PLENIPOTENTIARY OF THE UNITED f As a reminder to Members, as I indi- STATES OF AMERICA TO THE REPUBLIC OF SEYCHELLES. cated, we have a joint meeting in the FEDERAL LABOR RELATIONS AUTHORITY CONFIRMATION House at 11 o’clock to hear an address WAYNE CARTWRIGHT BEYER, OF NEW HAMPSHIRE, TO Executive nomination confirmed by by the President of the Republic of BE A MEMBER OF THE FEDERAL LABOR RELATIONS AU- THORITY FOR A TERM OF FIVE YEARS EXPIRING JULY 1, the Senate Tuesday, June 6, 2006: Latvia. We will gather at 10:40 in the 2010, VICE OTHONIEL ARMENDARIZ. THE JUDICIARY Chamber and proceed as a body to the DEPARTMENT OF DEFENSE House. After that is completed, we will RENEE MARIE BUMB, OF NEW JERSEY, TO BE UNITED COLLEEN CONWAY-WELCH, OF TENNESSEE, TO BE A STATES DISTRICT JUDGE FOR THE DISTRICT OF NEW debate the motions to proceed to the MEMBER OF THE BOARD OF REGENTS OF THE UNI- JERSEY.

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