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

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

Vol. 151 WASHINGTON, WEDNESDAY, APRIL 27, 2005 No. 53 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, Finally, I should also mention there called to order by the Honorable SAM PRESIDENT PRO TEMPORE, are a number of nominations—actually BROWNBACK, a Senator from the State Washington, DC, April 27, 2005. two specific nominations—that will be To the Senate: completed before adjourning. We are of Kansas. Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby working back and forth across the aisle PRAYER appoint the Honorable SAM BROWNBACK, a to see how we can best complete those The Chaplain, Dr. Barry C. Black, of- Senator from the State of Kansas, to per- two nominations. We have three dis- fered the following prayer: form the duties of the Chair. trict judges as well that should be Lord, You are our light and salva- TED STEVENS, voted unanimously. The two nomina- President pro tempore. tion, so why should we be afraid? Each tions that I referred to—one is the day, You provide us with blessings for Mr. BROWNBACK thereupon as- Portman nomination, which came out which we give thanks. sumed the Chair as Acting President of committee, to be U.S. Trade Rep- Thank You for the beauty of the pro tempore. resentative, and the other is Stephen Johnson, to be Administrator of EPA. Earth and the glory of the skies. f Again, we are working on bringing that Thank You for bringing order out of RECOGNITION OF THE MAJORITY to conclusion, but we need to complete chaos. Thank You for marriage and LEADER both of those before we leave. Both of family, for homes built upon our trust The ACTING PRESIDENT pro tem- these are Cabinet rank officials, and we in You. Thank You for children’s pore. The majority leader from the should not—will not—adjourn until we laugher and for the roar of the ocean. great State of Tennessee is recognized. have considered these important nomi- Thank You for Your love and for the f nations as well. true and free gift of Your salvation. Mr. President, I have a brief state- Thank You for Senators and staffers SCHEDULE ment on the bill. who faithfully labor to keep our Nation Mr. FRIST. Mr. President, this morn- f strong. ing, following our leader time, we will Lord, deliver us from those things have up to 2 hours of morning business. THE HIGHWAY BILL that dishonor You. Free us from pro- That time will be divided with the ma- Mr. FRIST. Mr. President, yesterday vincialism, narrowness, and from a jority controlling the first 30 minutes, the Senate voted overwhelmingly to in- shallow tolerance that lacks a studied the minority controlling the next 60 voke cloture on the motion to proceed conviction. Liberate us also from pov- minutes, and the last 30 minutes under to the highway bill, the highway bill erty of thought and spirit. We pray in the control of this side of the aisle. we are now on. The amendment process Your Holy Name. Amen. Following that time we will resume has begun. It enjoys strong bipartisan consideration of the highway bill. Yes- support, and I am encouraged by the f terday, we began the amendment proc- bipartisan commitment to both go to ess on the highway legislation, and we the bill and move this important bill PLEDGE OF ALLEGIANCE will continue working through amend- forward. Time is of essence. The cur- The Honorable SAM BROWNBACK led ments today and over the course of this rent highway extension from last year the Pledge of Allegiance, as follows: week. I do expect rollcall votes today expires at the end of next month, on I pledge allegiance to the Flag of the on amendments, and we should have a May 31. We are going to have to work United States of America, and to the Repub- full day of debate on the highway bill. together to pass this legislation, then lic for which it stands, one nation under God, I do want to take this opportunity to take the bill that we pass to conference indivisible, with liberty and justice for all. remind my colleagues that we in all to join it with the House bill—I have a likelihood will be considering con- feeling there will have to be fairly ex- f ference reports this week, as they are tensive negotiations at that point—and made available. One of those will be then send that bill to the President for APPOINTMENT OF ACTING the budget conference report, which his signature. PRESIDENT PRO TEMPORE will be debated for up to a 10-hour stat- This highway bill that is currently The PRESIDING OFFICER. The utory limit. I hope when we do come to on the floor is a product of a long bi- clerk will please read a communication the budget we not find it necessary to partisan process. It is based on more to the Senate from the President pro use all that time, but Senators should than 3 years of hard work, over a dozen tempore (Mr. STEVENS). stay on notice that we will complete hearings, testimony from more than The bill clerk read the following let- that very important conference report 100 witnesses, countless hours of nego- ter: before we leave for our recess. tiation, all of it supported by a deep

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

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VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4352 CONGRESSIONAL RECORD — SENATE April 27, 2005 and broad coalition, from State and portation infrastructure is deterio- we can demonstrate reasonable fiscal local highway authorities to national rating badly and becoming painfully restraint. safety advocates. It was last month overcrowded. Our roads and highways Our vast and interconnecting high- that a very similar bill overwhelm- are not keeping up with demand. Just ways are emblematic of our American ingly passed the House of Representa- ask any American commuter—bumper spirit. They represent what being tives by a vote of 417 to 9. It is time to to bumper traffic all day long. Indeed, American is all about. They represent get this bill done. in our Nation’s urban areas, traffic that spirit and love of adventure, our This is what America sees, I know: delays have more than tripled over the drive for the unknown. Our highways, While we engage in this endless nego- last 20 years, and not just in the big bridges, roads, trains, and ports are the tiation inside the beltway, outside the cities but all over the country. In Ra- physical, tangible expression of the beltway people are listening to that as leigh Durham, for instance, commuting United States. I do urge my colleagues they are sitting in traffic jams which time has gone up 25 percent in 10 years. in the great American tradition, in are getting worse and worse by the day. In Charlotte, traffic congestion has every sense of the phrase, to keep At the same time we are debating, added 39 additional commuting hours America moving forward. roads and bridges continue to deterio- per year. That is nearly an entire work Mr. President, I yield the floor. rate, and preventable traffic accidents week that has been added, sitting in f take the lives of tens of thousands of traffic. In Tennessee, traffic congestion Americans each year. I will come back has increased in all of our major met- RESERVATION OF LEADER TIME to that, because these lives do not have ropolitan areas. In Nashville, my The ACTING PRESIDENT pro tem- to be lost. The action we take on the hometown, commuters drive an aver- pore. Under the previous order, the floor of the Senate will cause those age of 32 miles per person per day. Met- leadership time is reserved. lives not to be lost. ropolitan planning organizations are f Car crashes, in fact, are the No. 1 struggling to meet demand. cause of death for every age from 3 Americans suffer the loss of more MORNING BUSINESS years of age to 33 years of age; crashes than 3.6 billion hours in those traffic The ACTING PRESIDENT pro tem- are their No. 1 cause of death. Accord- delays, and that translates down to 5.7 pore. Under the previous order, there ing to national statistics reported just billion gallons per year of fuel being will be a period for the transaction of last week, 43,000 people died in car acci- wasted. These transportation delays morning business up to 120 minutes, dents just last year alone. More than ripple through our Nation’s economic the first 30 minutes under the control 2.7 million people were injured. sector and ultimately result in lost I believe the key point is that one- of the majority leader or his designee, wages and lost jobs and lost produc- the next 60 minutes under the control third of all these traffic-related deaths tivity. of Mr. BIDEN or his designee, and the can be attributed to unsafe roads. One Traffic congestion also generates final 30 minutes under the control of out of every three deaths can be attrib- more pollution. Cars that are caught the majority leader or his designee. uted to unsafe roads. In my home State up in stop-and-go traffic emit far more The Senator from the great State of of Tennessee, over 1,000 Tennesseans pollution than they do on a road that is Missouri. lost their lives in traffic accidents in smoothly flowing. The American High- Mr. TALENT. My understanding is 2003. Treasury Secretary Norm Mineta way Users Alliance estimates that if we are going first in morning business rightly says: we could free up America’s worst bot- on this side of the aisle. If this many people were to die from any tlenecks, in 20 years carbon dioxide The PRESIDING OFFICER (Mr. VIT- one disease in a single year, Americans emissions would drop by over three- TER). The Senator is correct. would demand a vaccine. fourths, and Americans would save 40 We do have a medicine of sorts. In billion gallons of fuel. JUDICIAL NOMINATIONS fact, we have a cure of sorts. Passing Time, money, and quality of life are Mr. TALENT. Mr. President, I will the highway bill will save 4,000 lives being burned up in traffic jams. The claim 20 minutes of the time. I will ap- each year simply by making those highway bill goes a long way to alle- preciate it if the Presiding Officer noti- roads safe, by improving those roads, viating many if not most of these prob- fies me when 15 minutes are up because as well as educating the public about lems. The key to that effort is the im- Senator HUTCHISON wants to use 10 road safety. In Tennessee, where seat- provements it will make in our mass minutes. I want to make certain every- belt usage is among the lowest in the transit system. The highway bill pro- one knows I do not intend to filibuster country, our State highway depart- vides generous provisions to improve this morning. There will be a limit to ment is taking action, but, like trans- our bus and rail systems that make our my remarks. portation departments all across the urban centers thrive. In Tennessee, it I appreciated what the leader said country, it needs our help. The high- will provide more than $240 million about the highway bill. We do need to way bill will provide Tennessee with over the next 5 years to improve our pass it. We need to pass a robust high- more than $3.8 billion over the next 5 transit for our rural and urban com- way bill for all the reasons he stated. years to invest in our State’s highway muters. Taking the train or the bus We are all very strongly for reducing infrastructure. will be more convenient and less time the deficit, but spending on infrastruc- Safety is a top priority of this legis- consuming and more comfortable. ture is dynamic in nature, as I happen lation. Another serious goal is to get As we consider this legislation, keep to believe tax cuts are dynamic in na- America’s highways back on track eco- in mind that oil prices are climbing to ture in the sense they produce economically. America is interlaced by historic highs, and the summer driving nomic growth. When we reduce the def- nearly 4 million miles of roads and season is just around the corner. For icit, make this country competitive, highways. Our transportation infra- the sake of every family right now help people get to work, Americans structure is worth about $1.75 trillion. planning their vacation for this sum- will get rid of the deficit if they can Every $1 billion we invest in transpor- mer, every commuter who parks and get to work in the morning. We need to tation infrastructure generates twice rides, every minute we spend in a traf- have that debate in the Senate. Every- that much—$2 billion—in economic ac- fic jam, I do urge my colleagues to one needs to vote their conscience and tivity and creates over 47,500 jobs. The work quickly to pass this bill. vote out a robust highway and trans- interstate highway system has often One final note, and it is a note of portation bill. been called the greatest public works caution: We need to stay within our That is not what I am here to talk project in history, and for good reason. budget limits. We have a rising deficit. about this morning. I am here to talk Our roads, ports, and railroads are We have a President who has clearly about judicial nominations. We have vital to America’s economic success. laid out his spending parameters, sev- spent altogether too much time on ju- We know that well in Tennessee, where eral of which will be spelled out in the dicial nominations the last 2 years, 150 we are home to companies such as Fed- budget we will bring to the floor to- hours on judicial nominations—not eral Express, U.S. Express, Averitt Ex- morrow. But I am confident by work- even Supreme Court nominations but press. Unfortunately, America’s trans- ing together we can get this done, and court of appeals nominations. We have

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4353 been told over and over again how im- can stop a nominee from ever coming retained with 76 percent of the vote in portant they are. And they are impor- to a vote. So nominees with bipartisan the last election. tant. They are the second highest court majority support in the Senate do not I can go on and on with honorary de- in the country. There are only three even get a vote if we allow filibusters grees. She spent 24 years in public life levels of courts in the country so the in these cases. That has been the case in various legal capacities. She is expe- second highest court is also the second with all these nominees. rienced in judicial matters, in other lowest court. They do the day-to-day I could go on and on with quotes. I governmental matters as a lawyer. She appellate business of the Federal will not do it. cannot get a vote. She is being filibus- courts. It certainly is very important, For 214 years we never had one suc- tered. but it is not worth filibustering the cessful filibuster of a court of appeals Some of my colleagues say these and Senate and obstructing it to death and nominee, not one supported by the the other eight are too extreme; they preventing the vote on these nominees. leaders of either party. In the last 2 are not in the mainstream. I wish That is basically my message today. years we have had 10 successful filibus- every Federal judge on the bench today For the first 214 years of this Senate, ters and 6 other threatened ones. had the qualifications of these people no nominee for the Federal court of ap- What has happened? Is there some- and the bipartisan support of these peals was ever successfully filibustered thing extraordinarily wrong with these people. The people who know them best in the Senate. There were runt groups nominees? No. I will go to two nomi- from their own States do not think of Senators who in recent years tried nees before the Senate. they are too extreme. filibusters, embryonic filibusters, that Justice Priscilla Owen from Texas. I Raul Gonzalez, former Democratic were cut off and defeated because the do not know Justice Owen. I did not in- Justice on the Supreme Court of Texas leadership of both parties, majority sist she come in and speak to me before said of Justice Owen: and minority leadership, opposed those I voted on her nomination. Here is her I found her to be apolitical, extremely filibusters on the grounds it was a mis- history. bright, diligent in her work and of the high- take for this Senate to get in the busi- Before joining the Texas Supreme est integrity. I recommend her for confirma- ness of filibustering judicial nominees. Court, Justice Owen was a partner with tion without reservation. That was, until a couple years ago, the the well-respected Texas law firm of I guess he would support a vote since uniform point of view. Andrews and Kurth. She made partner. he says we ought to confirm her. Senator BOXER said—and I am not I never did. She practiced commercial Here is another former Democratic picking out Senators in any particular litigation for 17 years. She earned a Chief Justice: area; I guess they are alphabetic: B.A. cum laude from Baylor University After years of closely observing Justice and graduated cum laude from Baylor According to the U.S. Constitution, the Owen’s work, I can assert with confidence Senate nominates, and the Senate shall pro- Law School in 1977. After graduating that her approach to judicial decision-mak- vide advice and consent. It is not the role of from law school, Justice Owen earned ing is restrained, her opinions are fair and the Senate to obstruct the process and pre- the highest score in the State on the well reasoned, her integrity is beyond re- vent numbers of highly qualified nominees December 1977 Texas bar exam. Law- proach . . . I know personally how impec- from even being given the opportunity for a yers within the sound of my voice cable her credentials are. vote on the Senate floor. know the difficulty of earning the This is from a Democrat in Texas, Senator Daschle, former Democratic highest score on the bar exam. I am one of her colleagues. leader: not certain how I ever staggered Jack Hightower, a former Demo- I find it simply baffling that a Senator through the Missouri bar, but I am cer- cratic Justice on the Supreme Court of would vote against even voting on a judicial tain I did not get the highest score. Texas: nomination . . . We have a constitutional Justice Owen served on the Supreme I am a Democrat and my political philos- outlet for antipathy against a judicial nomi- Court in Texas since 1995. This person ophy is Democratic, but I have tried very nee—vote against the nominee. who could not even get a vote for 10 hard not to let preconceived philosophy in- And, I add, let them have a vote. years has been a supreme court judge fluence my decision on matters before the court. I believe that Justice Owen has done Senator FEINSTEIN: in Texas. She was reelected to her sec- the same. A nominee is entitled to a vote. Vote them ond term by 84 percent of the vote. up; vote them down . . . Every major newspaper in Texas en- A bipartisan group of 15 former presidents of the State Bar of Texas: But vote on them. dorsed her. She cannot get a vote. She Although we profess different party affili- Senator FEINSTEIN again: has significant bipartisan support, including from three former Democratic ations and span the spectrum of views of Our institutional integrity requires an up- legal and policy issues, we stand united in af- or-down vote. judges on the Texas Supreme Court. I firming that Justice Owen is a truly unique I couldn’t agree with that more. I will read some of that in a minute. and outstanding candidate for appointment will get to that a little bit later if I do Justice Janice Rogers Brown from to the Fifth Circuit . . . The status of our not have so many digressions that I use California is the daughter of share- profession in Texas has been significantly up my 20 minutes. croppers, born in Greenville, AL, in enhanced by Justice Owen’s advocacy of pro bono service and leadership for the member- Senator KENNEDY: 1949. She attended segregated schools ship of the State bar of Texas. We owe it to Americans across the country in the era of Jim Crow. She moved to Sacramento, CA. Her family did. She They go on and on. These are 15 bi- to give these nominees a vote. If our Repub- partisan former presidents of the State lican colleagues do not like them, vote got a B.A. in economics from Cali- against them. But give them a vote. fornia State in 1974 and her law degree bar of Texas about Justice Priscilla from the UCLA Law School. She has Owen. She cannot get a vote. The 215- Senator LEAHY, now the ranking year tradition of not filibustering member on the Judiciary Committee, received honorary law degrees from Pepperdine University, Catholic Uni- court of appeals nominees is broken to former chairman of that committee: keep people such as her from not get- I cannot recall a judicial nomination being versity of America Law School, and Southwestern University School of ting a vote. successfully filibustered. I do recall earlier The same things can be said of Jus- this year when the Republican chairman of Law—three more honorary degrees the Judiciary Committee and I noted how than I have. She currently serves and tice Janice Rogers Brown who appears improper it would be to filibuster a judicial is an associate justice—another justice to be an extraordinary person. A bipar- nomination. on the State Supreme Court who can- tisan group of 12 of her current and Yes, he is right. not get a vote. She has held that posi- former judicial colleagues says: Senator LEAHY again: tion since 1996. Before that, she was on Much has been written about Justice Brown’s humble beginnings, and the story of I . . . do not want to see the Senate go the intermediate State appellate court. her rise to the California Supreme Court is down a path where a minority of the Senate She got on the State court of appeals. truly compelling. But that alone would not is determining a judge’s fate on votes of 41 She cannot get a vote to get on the be enough to gain our endorsement for a seat ... Federal court of appeals. She is the on the federal bench. We believe she is quali- With 41 Senators out of 100, if we first African-American woman to serve fied because she is a superb judge. We who allow the filibuster in these cases, you on California’s highest court and was have worked with her on a daily basis know

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4354 CONGRESSIONAL RECORD — SENATE April 27, 2005 her to be extremely intelligent, keenly ana- do them, but they will never forgive if it isn’t the way I want it, it is not lytical, and very hard working. We know you the wrong they do you. Once, for going to happen at all. It has to be my that she is a jurist who applies the law with- whatever reason, they have done some- way or the highway—that is what fili- out favor, without bias and with an even hand. thing that is wrong to you, then they busters empower. I am not saying we may decide, you know what, I have to should not have it on the legislative And she can’t get a vote. This 214- make that person out to be a bad per- calendar. But we have to remember year tradition of not filibustering son to justify the wrong I did to them there is a cost to it. court of appeals judges, we are break- in the first place. Do you want to know why we don’t ing to keep people such as this woman A filibuster of these people, breaking have an energy bill? Because of the fili- from getting on the Federal bench and the tradition to do that, to not even let buster. There are a lot of other exam- even getting a vote because she is not them have a vote, these people who ples of legislation the country has in the mainstream. have bipartisan majority support on Here is the truth: There is not any wanted and needed that have been held the floor, to justify that, you have to one judicial mainstream, as there is no up with the filibuster. It is a tactic one mainstream of political philosophy say things about their records. That with a cost. It should be used spar- in the Senate. Judges disagree about completely disserves their histories of ingly. It should not be extended in issues as Senators disagree about public service and qualifications, as areas where it has not been used in the issues. The point is to disagree without the people who know them best have past with a bipartisan consensus. That being disagreeable. Disagree while rec- said. is the reason all these distinguished The second worst thing about this ognizing the other person has a valid Democratic Senators said, for years on whole issue is the fact that there are point of view. The fact that you do not the floor of this body: We are not going now large parts of the political com- agree with them does not make them to filibuster judicial nominations. It is automatically unfit even for a vote to munity in this country, and even here, because they knew what would happen. serve on the Federal judiciary. that, in order to support this effort and We can be certain of one thing: The President Clinton appointed a lot of to win this battle that is going on, are same standard is going to be applied in judges during his time in office who treating the filibuster like it is a great this body from President to President. were a lot more liberal than I would thing. My heavens, there are groups I do not want the filibuster standard have liked. I probably wouldn’t have that have made a mascot out of the fil- applied. I do not want a situation appointed very many of them. I cannot ibuster. Filibuster is an extraordinary, where because I disagree with a judi- say they are out of the mainstream. obstructive tactic that is not even per- cial nominee of a Democratic Presi- They represent the views of tens of mitted in most legislative bodies. Even dent, I am expected, as a matter of millions of people in the country. When the advocates of it say it should be course—because that is the protocol you say somebody who disagrees with used sparingly. and the precedent in this Senate—not you is out of the mainstream, you are The case is actually being made on to permit a vote. I believe—and it was slandering everyone who supports their the floor of this Senate that the fili- the tradition here for years—that even views. It is not the right thing to do. It buster is part of our deliberative proc- if you disagree with a nominee, if they is extremely divisive. ess, that it promotes calmness and are competent and have integrity, you When we hear Members in the Senate coolness, compromise, moderation. Is vote to confirm them out of respect for say somebody else is not in the main- this calmness? Holding these votes up the process that elected that President stream, what they mean is that other for years, is this coolness? Is this com- and respect for the people and the person disagrees with me. A promise? We have used the filibuster party that person represents, even if confrontational person follows this for the first time in 214 years, taking you disagree. If they are a good person, logic: You say, They do not agree with yet another step with the device, mak- you vote to confirm them. That is what me; therefore, they are not in the ing it more common, a device that even I want to do in this Senate year by mainstream, and then when you add the advocates of it say should be used year. the filibuster on top of that, you say, very sparingly. The PRESIDING OFFICER. The Sen- therefore, I am not only not going to Do you want to know why? I will ex- ator has consumed 20 minutes. vote for them—which to me is the first plain why. It has to do with the dynam- Mr. TALENT. One more minute, and mistake—but I am not even going to ics of a legislative body. If you care I will really be done, if the Senator let them have a vote. What you are passionately about an issue before the does not mind. saying is they, and everyone such as Senate—and we should care passion- At the very least, we have to allow a them in the whole country and the ately about these issues—and you vote. Let’s keep the tradition of 214 Senate, do not even deserve a vote on know that issue is going to come up for years in the Senate. Let us allow a whether they are qualified for public a vote, what are you going to do? If you vote on these people, all of whom have office. know it is going to come up for a vote, bipartisan, majority support on the Then we wonder why this place gets and a majority is going to win, what floor of the Senate. Let’s not continue divisive and why it is hard to operate are you going to do? You are going to doing an injustice to the reputation of because we are not showing respect to appeal to the middle, aren’t you? You these fine Americans. Let’s preserve many who may disagree with us. are going to seek arguments and the traditions of the Senate, have this My wife says, when she wants to amendments and methods that get the vote, and then move on to other issues. bring me down to earth when I am on middle with you. That encourages com- Mr. President, I yield the floor. my high horse, JIM, wouldn’t the world promise. If you do not have the middle The PRESIDING OFFICER. The Sen- work wonderfully if everyone would with you, and you know it is going to ator from Texas is recognized. only agree with you all the time about be voted on, and you know a majority Mrs. HUTCHISON. Mr. President, I everything? We do not all agree with is going to win, what is going to hap- rise today in support of Priscilla Owen each other about everything. We have a pen to your position? Even Senators to serve on the Fifth Circuit Court of vote and we go on. And then we try and can figure out that math. You are Appeals. I want to comment on the concentrate on the areas where we do going to lose. constitutional right of Senators to ad- agree, such as the highway bill. The majoritarian process promotes vise and consent to judicial nomina- The worst thing about this—and compromise and discussion because it tions by the President, a right that is there are a lot of bad things about empowers the middle. Filibusters em- now being denied by tactics employed what is happening with regard to the power the extreme, and not just the ex- by the minority in the Senate. filibustering of nominations, the treme philosophically; they empower Priscilla Owen was nominated to the breaking of this 214-year tradition—the the confrontational people. I have Fifth Circuit Court of Appeals 4 years worst thing about it is the slandering nothing against people who take that ago—4 years ago! She has been serving of the credentials and the careers of point of view. And you need some of on the Supreme Court of Texas for 4 these qualified people. them in a legislative body, but you years, while awaiting her confirmation There is an old idiom, an old saying: have to be careful how much you em- by the Senate. Yet she has actually People will forgive you the wrong you power them. The people who say: Look, had the votes to confirm her in the

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4355 Senate four times. Four times the Sen- The minority has changed the Con- judicial nominations, we are changing ate has voted on her nomination, and stitution by filibustering judicial the balance of power that was clearly four times she has received a majority. nominees, for the first time in the his- set out in the Constitution and which On May 1, 2003, a cloture vote: 52 to 45 tory of the Senate. For the first time has been one of the strengths of our de- in her favor; May 8, 2003, 52 to 45; July in the history of the Senate—over 200 mocracy. The separation of powers and 29, 2003, 53 to 43; November 14, 2003, 53 years—we saw, in the last session of the balance of powers given to the leg- to 42. Congress, a filibuster of almost one- islative, executive, and judicial In all these cases, she had a majority third of President Bush’s circuit court branches of our Government was the of votes in the Senate for confirmation, nominees. No President has ever re- genius of the Founding Fathers. but she is not on the Fifth Circuit ceived fewer of his circuit court nomi- We value three independent branches Court of Appeals today. Why? Because nees than President George W. Bush. in our Government and work to pro- her nomination is being filibustered by Almost a third were filibustered to hibit one branch from overruling an- Democrats, and she has been held to a death. other, beyond repair. These are the standard of 60 votes instead of 51. That Before the 108th Congress, there were stakes in this debate. That balance of is changing the Constitution of the only 17 cloture votes on judicial nomi- power is going to be disrupted if we United States. nations. But there was never a judge allow a super-majority requirement for I know Priscilla Owen. I have who had the support of the majority Presidential nominees or judgeships to watched her through this process. If who failed to get confirmed. That is be confirmed. It says a minority of 41 anything confirmed my admiration for the key. For 70 percent of the last cen- Senators, who are not in the majority her, it is the incredible calm and meas- tury, the same party controlled the in the Senate, will have the ability to ured response she has displayed in re- Senate and the White House, but there dictate to the President who is accept- sponse to unfair attacks which have was no use of a partisan filibuster on able as a nominee. sometimes been personal, unfair, and nominees to prevent an up-or-down That was not envisioned in the Con- stitution, and it was part of the careful have had political overtones. Yet she vote. has remained totally professional. She It is not the rule that is being balance between the right of the Presi- has gone through two hearings with changed in this debate. It is the precedent to appoint the judiciary and the Senate’s right to overturn that ap- the committee. She has answered every dent of the Senate, for 200 years, that pointment by 51 votes, if necessary. question members asked. Some people was changed in the 108th Congress, by But if the nominee gets the majority of have said she is the best witness that requiring 60 votes for the confirmation of judges. And we are now looking to 51, that person is confirmed. has ever come before the Judiciary We are trying to uphold that con- reaffirm the will of the Senate to do Committee. It is because she knows stitutional balance. The rules of the exactly what the Constitution envi- what she is doing. She knows the law. Senate can be changed by the Senate. And she is very bright. sions; and that is, a 51-vote majority The Supreme Court has been clear. In She earned both her undergraduate for judges. the United States v. Ballin, the Su- Two hundred years of Senate prece- and law degrees from Baylor Univer- preme Court held that only a majority dent is being torn apart. Through Dem- sity. She earned the highest score—the of the lawful quorum is all that is nec- ocrat majority control and Republican No. 1 score—on the Texas bar exam, essary to change the House or Senate majority control over the years—the when she took it. She has had a distin- rules, practices, and procedures. More- filibuster was not used as it was in the guished career in the private sector for over, the Supreme Court held that the 17 years. And since 1995, she has served last session of Congress. right to change rules, practices, and As recently as March of 2000, more on the Supreme Court of Texas. procedures is a ‘‘continuous power’’ than 80 Senators were on record oppos- The American Bar Association unani- that may be exercised at any time. mously voted for her to have the ‘‘well ing the filibuster of judicial nomina- Clearly, the Senate has the right to qualified’’ recognition and rating. That tions because the filibuster was never change its rules and practices by the is the highest rating they award, as intended to be used this way. majority. I want the tradition of the they review judicial candidates—‘‘well The Senate’s original cloture rule, in Senate, for 200 years, to be upheld qualified.’’ 1917, did not even apply to nominations without any need for a rule change. I would ask those who are holding up because no Senator had ever used a fili- For 200 years, Democrats and Repub- her nomination by putting a 60-vote buster for nominations. When the clo- licans had agreed on this principle. It threshold on it, in a completely par- ture rule was rewritten in 1949 to cover was not until the last session of Con- tisan vote, what is it that caused her to all matters, it was used most often for gress, when President George W. Bush have the entire Democratic conference scheduling purposes. History dem- lost almost one-third of his judicial come out against her? She has received onstrates that there was no real prece- nominees for the circuit court benches bipartisan support nationwide. dent for the use of the filibuster to per- that we saw sudden changes to the tra- When she was reelected to the Texas manently block the confirmation of ju- ditions of the Senate, with the effort to Supreme Court in 2000, she received 84 dicial nominations. And there has impose a 60-vote super-majority for percent of the vote. Every major news- never been a cloture vote where the nominations by the Democrats. paper in Texas endorsed her. person received majority support and I am here to talk about someone I Some of her detractors, I have to say, still was not confirmed. However, we know well, someone I have come to ad- opposed her before they had ever heard are not trying to do away with the fili- mire totally, even more than I did be- one word about her. There were outside buster on legislative matters. This is a fore she took this awesome responsi- groups that decided she should not be a part of our tradition in the Constitu- bility to become a nominee of the circuit court judge. tion that everyone, I believe, wants to President. She has withstood the slings Three former Democratic judges, who uphold; that is, the right of a minority and arrows. Her strength and sound ju- sat on the Texas Supreme Court, have to filibuster and require three-fifths of dicial temperament has been con- announced their public support for her. the people present and voting in the sistent. Priscilla Owen has had the nec- A bipartisan group of 15 past presidents Senate to overturn it. It is a vital leg- essary 51 votes to be confirmed by the of the Texas Bar Association have islative tool. But when it comes to Senate four times. But still, we wait come out in open support of Priscilla judges, the Constitution never envi- and have been waiting for four years. Owen. I have to come away with the sioned a super-majority. In fact, where She deserves an up-or-down vote that view that this is really not a debate the Constitution has required a super- will allow her to sit on the Fifth Cir- about Priscilla Owen. This is not a de- majority, it has specifically said so. A cuit Court of Appeals bench. bate about this woman who has an im- majority vote ensures the balance of I hope we will not let 200 years of tra- peccable record and an impeccable aca- power between the President’s right to dition go. But if it is the will of the mi- demic background. No, I do not think nominate and the Senate’s role to give nority to continue to thwart 200 years it is about Priscilla Owen. I think it is advice and consent. of tradition and the Constitution of the about the Constitution and the require- We are not only changing the tradi- United States, it is my hope we rein- ment of advice and consent. tion of the Senate with the filibuster of state the long-standing practice on

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4356 CONGRESSIONAL RECORD — SENATE April 27, 2005 nominations in the Senate and adhere I just returned from a bipartisan trip want to take a second to praise our to the Constitution. Our Founding Fa- to Israel, Iraq, Georgia, and the leader, Senator REID, for his effort to thers knew what they were doing. We Ukraine, where we saw leaders who find a reasonable conclusion before the should not change the Constitution were trying to write constitutions, try- nuclear bomb is dropped. without going through the appropriate ing to write laws, trying to write poli- Unfortunately for him, for all of us amending process, which has not been cies. They were all working very hard on this side of the aisle, and for this in- done. to assure even those who did not vote stitution, that plea has been rejected. We have unanimous consent for two in the majority that they would have a First, yesterday we saw that Karl more speakers, which we intend to con- voice. The challenges were varied in Rove, one of the President’s top advis- tinue to hold. each country. They faced everything ers, said there would be no deal. Now, I yield the floor and suggest the ab- from protecting against terrorists to in this morning’s papers, we read the sence of a quorum. charging people for the first time for leadership on the other side of the aisle The PRESIDING OFFICER. The electricity, to reforming wholly cor- is falling into line and saying, ‘‘No clerk will call the roll. rupt institutions. Making sure that de- deal.’’ The assistant legislative clerk pro- mocracy survives means having de- By rejecting the deal, Republicans ceeded to call the roll. bates, bringing people to the table, and are now saying that three nominees— Mrs. MURRAY. Mr. President, I ask making tough decisions. three total nominees—are so important unanimous consent that the order for In each case, the importance of not that they must break with the more the quorum call be rescinded. disenfranchising any group of people than 200 years of tradition and 200 The PRESIDING OFFICER. Without also rings true. So how we in this coun- years of precedent. We have heard day objection, it is so ordered. try accomplish the goal of sustaining a after day on the floor—even a few moments ago—that this is the most im- f strong democracy and ensuring the participation of all people is very important issue facing this body today. JUDICIAL NOMINATIONS Well, we have record-high gas prices portant. Mrs. MURRAY. Mr. President, I come Elections are the foundation of our and deficits, we have 45 million unin- to the floor to talk about the Senate’s democracy. They determine the direc- sured Americans, and we have far too many veterans without the health care deliberations on some of the adminis- tion of our country. But an election they need and deserve. All the other tration’s judicial nominees. It is clear loss does not mean you lose your voice side is talking about is doing away this is a debate about basic American or you lose your place at the table. with the checks and balances so they values. In drafting the Constitution, That is what we must do to keep our can get radicals on the bench. the Framers wanted the Senate to pro- democracy strong. That is why we are vide advice and consent on nominees If the other side wants to continue on fighting so hard to keep our voice. this destructive course and ignore who came before it to ensure that these Recently, we have heard a lot from those real needs of the American peo- very rights and values were protected. the other side about attacks on faith ple, they can. But this Senator and my I believe, as a Senator, I have a respon- and on values. In fact, some are trying colleagues will continue to fight this sibility to stand up for those values on to say our motive in this debate is behalf of my constituents in Wash- abuse of power and do the work the somehow antifaith. I argue the oppo- people sent us here to do. ington State. site is true. We have faith in our val- It is a sad day when one side refuses Many activists today are com- ues, in American values. We have faith to come to the table to negotiate a way plaining that certain Senators are at- that these values can and must be out of this impasse. It is even sadder tacking religious or conservative val- upheld. It is not an ideological battle that they refuse to accept our excellent ues. I must argue that it is others—not between Republicans and Democrats. It confirmation record in blind pursuit of Democratic Senators exercising their is about keeping faith with the values confirming the most radical of their rights—who are pursuing a nomination and the ideals our country stands for. choices. strategy that attacks basic values out- Having values and having faith in Although we have been able to con- lined in the Constitution. those values requires that we make firm 205 nominees that President Bush Our democracy values debate and dis- sure those without a voice are rep- sent forward, there are a few that are sension. Our democracy values the im- resented. Speaking up for those in pov- far outside some basic values. portance of checks and balances. Our erty to make sure they are fed is a Let’s start close to home with Presi- democracy values an independent judi- faith-based value. Making sure there is dent Bush’s nominee to the Ninth Cir- ciary. But with the nuclear option and equal opportunity and justice for the cuit Court. To that court, which over- the rhetorical assault being launched least among us is a faith-based value. seas appeals from my home State of at Democratic Senators by activists Fighting for human rights and taking Washington and five other States, around the country, among others, we care of the environment are faith-based President Bush has nominated William see those values under attack. values. To now say those of us who Myers. Mr. Myers is a lifelong lobbyist The nuclear option is an assault on stick up for minority rights are and anti-environmental activist. He is the American people and many of the antifaith is frightening and it is wrong. opposed by over 175 environmental, things we hold dear. It is an attempt to I hope those who have decided to labor, civil, and women’s disability impose on the country, through life- make this into a faith-antifaith debate rights organizations. He even drew op- time appointments, the extreme values will reconsider. This should be about position from Native American organi- held by a few at the cost of the many. democracy. It should be about the pro- zations and from the National Wildlife It is the tyranny of the majority per- tection of an independent judiciary, Federation. This is a man who has sonified. Confirming these nominees by and it should be about the rights of mi- never tried a jury case, who has an becoming a rubber stamp for the ad- norities. anti-environmental record stretching ministration would be an affront to the Mr. President, our system of govern- back to his days as a Bush Interior De- 200-year-old system of checks and bal- ment, of checks and balances, and our partment official and industry lob- ances, and at the same time it would be values are under attack by this trans- byist. He even received the lowest pos- an affront to the values I promised to parent grab for power. They are, with sible rating from the ABA. defend when I came to the Senate. their words and potential actions, at- Mr. President, in the Pacific North- Building and maintaining a democ- tempting to dismantle this system de- west and in regions around this great racy is not easy, but our system and spite the clear intent of the Framers country, we hold our environmental the rights and values it holds dear are and the weight of history and prece- values dear. I am not willing to hand a the envy of the world. In fact, the en- dent. They think they know better. I lifetime appointment to such a vehe- tire world looks at us as the model for think not. ment advocate against the people’s in- government. It is our values they want Mr. President, there is even news this terests. This is the perfect example of to look to. We must protect them not morning that our friends on the other the check our Framers had in mind only for us but for those fledgling de- side are unwilling to come to the table when they drafted our Constitution. mocracies. to compromise to avoid this crisis. I We can, and we must, use it.

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4357 That is just one example of a nomi- should always be men of learning and experi- resent. We will stand and say, yes, to nee looking to attack basic values. Bill ence in the laws, of exemplary morals, great democracy; yes, to an independent ju- Pryor, a nominee to the Eleventh Cir- patience, calmness, coolness and attention. diciary; yes, to minority rights; and, cuit, opposes basic individual liberties Their minds should not be distracted with no, to this unbelievable abuse of power. jarring interests; they should not be depend- and freedoms. He called Roe v. Wade ent upon any man or body of men. Mr. President, I yield the floor. the ‘‘worst abomination of constitu- The PRESIDING OFFICER (Mr. GRA- Mr. President, I shudder at the tional law in history.’’ HAM). The Senator from Delaware is Janice Rogers Brown, nominated to thought of what these great thinkers recognized. the DC Circuit Court, called 1937—that and Founders of our democracy would Mr. BIDEN. Mr. President, I rise was the year this Government enacted say to this attempted abuse of power in today to speak at some length, if time many of the New Deal’s programs to the Senate. I think one of the best in- will permit me, about the same subject help lift our country out of the deep de- terpretations of those thoughts was of- my friend from Washington State so pression—‘‘the triumph of our own so- fered to this body by Robert Caro, the eloquently addressed. My colleagues cialist revolution.’’ Mr. President, her great Senate historian, in a letter in know that although when I speak, I disdain for worker and consumer pro- 2003. He talked about the need for the sometimes get very passionate, I have tection values and principles is clear in Senate to maintain its history and tra- not very often, in past years, risen to decision after decision. ditions, despite popular pressures of the floor for any extended period of Nominee Priscilla Owen’s narrow the day, and of the important role de- time. I do that today because so much constitutional view was so far outside bate and dissension plays in any dis- is at stake. the mainstream that then-Texas Su- cussion of judicial nominees. In par- For over 200 years, the Senate has preme Court Judge and now Attorney ticular, he wrote of his concern for the embodied the brilliance of our Found- General Alberto Gonzales said that to preservation of Senate tradition in the ing Fathers in creating an intricate accept it would be ‘‘an unconscionable face of attempted changes by a major- system of checks and balances among act of judicial activism.’’ ity run wild. the three branches of Government. Mr. President, time and time again, In part, he said: This system has served two critical these nominees have sided against the In short, two centuries of history rebut purposes, both allowing the Senate to American people and the values we any suggestion that either the language or act as an independent, restraining hold dear. They have taken extreme intent of the Constitution prohibits or coun- force on the excesses of the executive positions that run counter to main- sels against the use of extended debate to resist Presidential authority. To the contrary, branch, and protecting minority rights stream values. Not one of these nomi- the Nation’s Founders depended on the Sen- within the Senate itself. The Framers nees has the experience or the tempera- ate’s members to stand up to a popular and used this dual system of checks and ment to administer justice in an im- powerful President. In the case of judicial balances to underscore the independent partial way to the citizens that they appointments, the Founders specifically nature of the Senate and its members. would serve. mandated the Senate to play an active role The Framers sought not to ensure Today it is fashionable for some of providing both advice and consent to the simple majority rule, but to allow mi- my colleagues on the other side of the President. That shared authority was basic nority views—whether they are con- aisle to disparage what they call activ- to the balance of powers among the servative, liberal, or moderate—to branches. ist judges. But this power grab reveals I am . . . attempting to say as strongly as have an enduring role in the Senate in their true motivation. They want ac- I can that in considering any modification, order to check the excesses of the ma- tivists on the bench to interpret the Senators should realize that they are not jority. This system is now being tested law in a way that undermines impor- dealing with the particular dispute of the in the extreme. tant American values. We will not let moment, but with the fundamental char- I believe the proposed course of ac- them. acter of the Senate of the United States, and tion we are hearing about these days is We have a responsibility to stand up with the deeper issue of the balance of power one that has the potential to do more and say no to these extreme nominees. between majority and minority rights. damage to this system than anything But to know that, you don’t need to Mr. President, protection of minority that has occurred since I have become listen to me; just look back at the rights has been a fundamental prin- a Senator. great Founders of our democracy. ciple since the infancy of this democ- History will judge us harshly, in my The Framers, in those amazing years racy. It should not—in fact, it cannot— view, if we eliminate over 200 years of when our country was founded, took be laid to rest here in this Chamber. precedent and procedure in this body great care in creating our new democ- I know many people are out there and, I might add, doing it by breaking racy. They wrote into the Constitution wondering why we are spending so a second rule of the Senate, and that is the Senate’s role in the nomination much time talking about Senate rules changing the rules of the Senate by a process. They wrote and they spoke and judicial nominations. They are mere majority vote. about protecting the minority against wondering why I am talking about When examining the Senate’s proper the tyranny of the majority. Their nominees and being on the floor role in our system of Government gen- words ring true today. quoting Madison and Adams. They are erally and in the process of judicial James Madison, in his famous Fed- wondering what this means to them. nominations specifically, we should eralist No. 10, warned against the supe- Let me make it clear. This debate is begin, in my view, but not end with our rior force of an overbearing majority about whether we want a clean, Founding Fathers. As any grade school or, as he called it, a ‘‘dangerous vice.’’ healthy environment and the ability to student knows, our Government is one He said: enforce laws to protect it fairly. This that was infused by the Framers with The friend of popular governments never debate is about whether we want to checks and balances. finds himself so much alarmed for their protect essential rights and liberties. I should have said at the outset that character and fate as when he contemplates This debate is about whether we want I owe special thanks—and I will list their propensity to this dangerous vice. free and open Government. This debate them—to a group of constitutional Years prior, John Adams wrote, in is about preserving equal protection scholars and law professors in some of 1776, on the specific need for an inde- under the law. This debate is about our great universities and law schools pendent judiciary and checks and bal- whether we want to preserve the inde- for editing this speech for me and for ances. He said: pendent judiciary, whether we want to helping me write this speech because I The dignity and stability of government in defend our Constitution, and whether think it may be one of the most impor- all its branches, the morals of the people and we want to stand up for the values of tant speeches for historical purposes every blessing of society, depends so much the American public. that I will have given in the 32 years upon an upright and skillful administration Mr. President, these values are too of justice, that the judicial power ought to since I have been in the Senate. be distinct from both the legislative and ex- precious to be abdicated. Trusting in When examining the Senate’s proper ecutive, and independent upon both, that so them, we will not let the Republicans role in our system of Government and it may be a check upon both, as both should trample our rights and those of mil- in the process of judicial nominations, be checked upon that. The judges, therefore, lions of Americans we are here to rep- as I said, we have to look at what our

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4358 CONGRESSIONAL RECORD — SENATE April 27, 2005 Founders thought about when they power of judicial appointment was proposing [nominations. The President] . . . talked about checks and balances. solely—solely—vested in the hands of would be both ashamed and afraid to bring The theoretical underpinning of this the legislature. For the numerous forward . . . candidates who had no other system can be found in Federalist 51 votes taken about how to resolve this merit, than that . . . of being in some way or other personally allied to him, or of pos- where the architect of our Constitu- issue, never did the Founders conclude sessing the necessary insignificance and tion, James Madison, advanced his fa- that it should start with the Executive pliancy to render them the obsequious in- mous theory that the Constitution set and be within the power of the Execu- strument of his pleasure. up a system in which ‘‘ambition must tive. James Madison, for instance, was Hamilton also rebutted the argument be made to counteract ambition.’’ ‘‘not satisfied with referring the ap- that the Senate’s rejection of nominees ‘‘Ambition must be made to counter- pointment to the Executive;’’ instead, would give it an improper influence act ambition.’’ As Madison notes, this he was ‘‘rather inclined to give it to over the President, as some here have is because ‘‘[The] great security the Senatorial branch’’ which he envi- suggested, by stating: against a gradual concentration of the sioned as a group ‘‘sufficiently stable several powers in the same department If by influencing the President be meant and independent’’ to provide ‘‘delibera- restraining him, this is precisely what must consists in giving those who administer tive judgments.’’ have been intended. And it has been shown each department the necessary con- It was widely agreed that the Senate that the restraint would be salutary. stitutional means and personal motives ‘‘would be composed of men nearly The end result of our Founders was a to resist encroachments by the other.’’ equal to the Executive and would, of system in which both the President Our Founders made the conscious de- course, have on the whole more wis- and the Senate had significant roles, a cision to set up a system of govern- dom’’ than the Executive. It is very im- system in which the Senate was con- ment that was different from the portant to point out that they felt ‘‘it stitutionally required to exercise inde- English parliamentary system—the would be less easy for candidates’’—re- pendent judgment, not simply to system, by the way, with which they ferring to candidates to the bench—‘‘to rubberstamp the President’s desires. were the most familiar. The Founders intrigue with [the Senators], more As Senator William Maclay said: reacted viscerally to the aggrandize- than with the Executive.’’ ment of power in any one branch or In fact, during the drafting of the [W]hoever attends strictly to the Constitu- any person, even in a person or body tion of the United States will readily observe Constitution, four separate attempts that the part assigned to the Senate was an elected by the majority of the citizens were made to include Presidential in- important one—no less that of being the of this country. volvement in judicial appointments, great check, the regulator and corrector, or, Under the system the Founders cre- but because of the widespread fear of if I may so speak, the balance of this govern- ated, they made sure that no longer Presidential power, they all failed. ment. . . .The approbation of the Senate was would any one person or one body be There continued to be proponents of certainly meant to guard against the mis- able to run roughshod over everyone Presidential involvement, however, takes of the President in his appointments else. They wanted to allow the sov- and finally, at the eleventh hour, the to office . . . The depriving power should be the same as the appointing power. ereign people—not the sovereign Gov- appointment power was divided and ernment, the sovereign people—to pur- shared, as a consequence of the Con- The Founders gave us a system in sue a strategy of divide and conquer necticut Compromise I will speak to in which the Senate was to play a signifi- and, in the process, to protect the few a minute, between the two institu- cant and substantive role in judicial against the excesses of the many which tions, the President and the Senate. nominations. They also provided us they would witness in the French Rev- In the end, the Founders set up a sys- guidance on what type of legislative olution. tem in which the President nominates body they envisioned. In this new type The independence of the judiciary and the Senate has the power to give or of governance system they set up in was vital to the success of that ven- withhold—or withhold—its ‘‘advice and 1789 where power would be separated ture. As Federalist 78 notes: consent.’’ The role of ‘‘advice and con- and would check other power, the The complete independence of the courts of sent’’ was not understood to be purely Founders envisioned a special unique justice is peculiarly essential in a limited formal. The Framers clearly con- role for the Senate that does not exist Constitution. templated a substantive role on the anywhere else in governance or in any Our Founders felt strongly that part of the Senate in checking the parliamentary system. judges should exercise independent President. There is the oft-repeated discussion judgment and not be beholden to any This bifurcation of roles makes a lot between two of our most distinguished one person or one body. John Adams, of sense, for how best can we ensure Founding Fathers, Thomas Jefferson in 1776, stated: that an independent judiciary is be- and George Washington. Reportedly, at The dignity and stability of government in holden to no one man or no one group a breakfast that Jefferson was having all its branches, the morals of the people, than by requiring two separate and with Washington upon returning from and every blessing of society, depend so wholly independent entities to sign off Paris, because he was not here when much upon an upright and skillful adminis- before a judge takes the bench? the Constitution was written, Jefferson tration of justice, that the judicial power There is a Latin proverb which trans- was somewhat upset that there was a ought to be distinct from both the legislative bicameral legislative body, that a Sen- and executive, and independent upon both, lates to ‘‘Who will guard the guard- that so it may be a check upon both, as both ians?’’ Our judges guard our rights, and ate was set up. He asked Washington: should be checks upon that. our Founders were smart enough to put Why did you do this, set up a Senate? And Washington looked at Jefferson as Adams continues: both the President and the Senate, act- they were having tea and said: Why did The judges, therefore, should always be ing independently, in charge of guard- men of learning and experience in the laws, ing our judicial guardians. Who will you pour that tea into your saucer? of exemplary morals, great patience, calm- guard the guardians? And Jefferson responded: To cool it. ness and attention; their minds should not As a Senator, I regard this not as just I might note parenthetically that be distracted with jarring interests; they a right but as a solemn duty and re- was the purpose of a saucer originally. should not be dependent upon any one man sponsibility, one that transcends the It was not to keep the tablecloth clean. or any body of men. partisan disputes of any day or any Jefferson responded: To cool it, and In order to ensure that judicial inde- decade. The importance of multiple Washington then sagely stated: Even pendence, the very independence of checks in determining who our judges so, we pour legislation into the senato- which Adams spoke, the Founders did would be was not lost on our Founders, rial saucer to cool it. not give the appointment power to any even on those who were very much in The Senate was designed to play this one person or body, although it is in- favor of a strong Executive. independent and, I might emphasize, structive for us, as we debate this issue For example, Alexander Hamilton, moderating—a word not heard here in determining the respective author- probably the strongest advocate for a very often—moderating and reflective ity of the Senate and the Executive, it stronger Executive, wrote: role in our Government. But what as- is important to note that for much of The possibility of rejection [by the Senate] pects of the Senate led it to become the Constitutional Convention, the would be a strong motive to [take] care in this saucer, cooling the passions of the

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4359 day for the betterment of America’s After reflection, that so seldom hap- any measure to a vote, legislative or long-term future? First, the Founders pens among our colleagues, myself in- nomination—none, except unanimous certainly did not envision the Senate cluded, he realized his first position consent. Unanimous consent was reas a body of unadulterated was incorrect and he stated: quired up until 1917 to get a vote on a majoritarianism. In fact, James Madi- The general object was to provide a cure judge, on a bill, on anything on the Ex- son and other Founders were amply for the evils under which the United States ecutive Calendar. The Senate was a concerned about the majority’s ability, labored; that in tracing these evils to their place where minority rights flourished as they put it, ‘‘to oppress the minor- origin every man— completely, totally unchecked, a place ity.’’ It was in this vein the Senate was Referring to every man who agreed for unlimited rights of debate for each set up ‘‘first to protect the people to the compromise— and every Senator. against their rulers; secondly, to pro- had found it in the turbulence and follies of In part this can be understood as a tect the people against the transient democracy; that some check therefore was to recognition of our federal system of impressions into which they them- be sought against this tendency of our Gov- government in which we were not just selves might be led. . . .The use of the ernments; and that a good Senate seemed a community of individuals but we most likely to answer this purpose. Senate is to consist in its proceeding were also a community of sovereign with more coolness, with more system, So the Founders quite intentionally States. Through the Senate, each and with more wisdom, than the pop- designed the Senate with these distinc- State, through their two Senators, had ular branch.’’ tive features. a right to extensive debate and full Structurally, the Founders set up a Specifically, article 1, section 5 of consideration of its views. ‘‘different type of legislature’’ by en- the Constitution states that each For much of the Senate’s history, suring that each citizen—now here is House may determine its own rules for until less than 100 years ago, to close an important point, and if anybody in its own proceedings. Precisely: ‘‘Each off debate required not just two-thirds this Chamber understands this, the House may determine the Rules of its of the votes, but it required all of the votes. The Senate’s history is replete Presiding Officer does—the Founders Proceedings.’’ The text contains no with examples of situations in which a set up this different type of legislative limitations or conditions. This clause committed minority flexed its ‘‘right body by ensuring that each citizen did plainly vests the Senate with plenary to debate’’ muscles. In fact, there was not have an equal say in the func- power to devise its internal rules as it a filibuster over the location of the tioning of the Senate—that sounds out- sees fit, and the filibuster was just one Capitol of the United States in the rageous, to ensure they did not have an of those procedural rules of the many First Congress. But what about how equal say—but that each State did rules that vest a minority within the this tradition of allowing unlimited de- have an equal say. In fact, for over a Senate with the potential to have a bate and respect for minority rights century, Senators were not originally final say over the Senate’s business. It was clear from the start that the played out in the nomination context, chosen by the people, as the Presiding Senate would be a different type of leg- as opposed to the legislative process? Officer knows, and it was not until 1913 islative body; it would be a consensus First, the text of the Constitution that they were elected by the people as body that respects the rights of minori- makes no distinction whatsoever be- opposed to selected by their State leg- ties, even the extreme minority power tween nominations and legislation. islative bodies. Nonetheless, those who are pushing the Today, Mr. President, you and I do of a single Senator because that single Senator can represent a single and nuclear option seem to suggest that stand directly before the people of our while respect for minority rights has a State for election, but the Senate re- whole State. The way it is played out in practice was through the right of long and respected tradition on the leg- mains to this day a legislative body islative side of our business, things that does not reflect the simple pop- unlimited debate. I find it fascinating, we are talking were somehow completely different ular majority because representation is about the limitation of a right that has when it came to considering nomina- by States. already limited the original right of tions. In fact, it is the exact opposite. That means someone from Maine has The history of the Senate shows, and over 25 times as much effective voting the Founding Fathers. The fact was there was no way to cut off debate for I will point to it now, that previous power in this body as the Senator from Senates certainly did not view that to California. An interesting little fact, the first decades of this Republic. Joseph Story, famous justice and be the case. While it is my personal be- and I do not say this to say anything probably one of the best known arbi- lief that the Senate should be more ju- other than how the system works, ters of the Constitution in American dicious in the use of the filibuster, that there are more desks on that side of history, his remark about the impor- is not how it has always been. For ex- the aisle. That side has 55. Does that tance of the right of debate was ‘‘the ample, a number of President Monroe’s side of the aisle realize this side of the next great and vital privilege is the nominations never reached the floor by aisle, with 45 desks, represents more freedom of speech and debate, without the end of his administration and were Americans than they do? If we add up which all other privileges would be defeated by delay, in spite of his popu- all the people represented by the Re- comparatively unimportant, or ineffec- larity and his party’s control of the publican Party in the Senate, they add tual.’’ And that goes to the very heart Senate. up to fewer people than the Democratic of what made the Senate different. Furthermore, President Adams had a Party represents in the Senate. We rep- In the Senate, each individual Sen- number of judicial nominations resent the majority of the American ator was more than a number to be blocked from getting to the floor. More people, but in this Chamber it is irrele- counted on the way to a majority vote, than 1,300 appointments by President vant and it should be because this was something I think some of us have for- Taft were filibustered. President Wil- never intended in any sense to be a gotten. Daniel Webster put it this way: son also suffered from the filibusters of majoritarian institution. This is a Senate of equals, of men of indi- his nominees. This distinctive quality of the Senate vidual honor and personal character, and of Not only does past practice show no was part of that Great Compromise absolute independence. We know no masters, distinction between legislation and ju- without which we would not have a we acknowledge no dictators. This is a hall dicial nominations in regards to the Constitution referred to as the Con- for mutual consultation and discussion; not recognition of minority rights, the for- necticut Compromise. Edmund Ran- an arena for the exhibition of champions. mal rules of the Senate have never rec- dolph, who served as the first Attorney Extended debate, the filibuster, was a ognized such a distinction, except for a General of the United States and would means to reach a more modest and 30-year stretch in the Senate history, later be Secretary of State, represented moderate result to achieve compromise 1917 to 1949, when legislation was made Virginia at the Constitutional Conven- and common ground to allow Senators, subject to cloture but nominations tion, and in that context he argued for as Webster had put it, to be men—and were not. Do my colleagues hear this? fully proportionate representation in now men and women—of absolute inde- All of those who think a judge is more the debates over the proper form of the pendence. entitled to a vote than legislation, in legislative branch, but ultimately he Until 1917, there was no method to 1917 it was decided that absolute un- agreed to the Connecticut Compromise. cut off debate in the Senate, to bring limited debate should be curtailed, and

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4360 CONGRESSIONAL RECORD — SENATE April 27, 2005 there needs to be a two-thirds vote to ful filibuster effort against Justice rules of the Senate by a majority vote. cut off debate in order to bring legisla- Fortas was Republican Senator Robert It breaks the rule to change the rule. If tion to the floor. Griffin from Michigan. In commenting we go down this path of the nuclear op- But there was no change with regard on the Senate’s rejection of President tion, we will be left with a much dif- to judicial nominees. There was a re- George Washington’s nomination of ferent system from what our Founders quirement of unanimous consent to get John Rutledge to be Chief Justice of intended and from how the Senate has a nominee voted on. So much for the the Supreme Court, the Republican functioned throughout its history. argument that the Constitution leans Senator who mounted a successful fili- The Senate has always been a place toward demanding a vote on nomina- buster against Fortas on the floor— where the structure and rules permit tions more than on legislation. It flies translated, Fortas never got a vote, fast-moving partisan agendas to be in the face of the facts, the history of even though he was a sitting Supreme slowed down; where hotheads could America and the intent of our Framers. Court Justice about to be elevated to cool and where consensus was given a This fact in itself certainly undercuts Chief Justice—what did the Senator second chance, if not a third and a the claim that there has been, by tradi- from Michigan who led that fight say fourth. tion, the insulating of judicial nomi- about the first fight in the Senate? While 90 percent of the business is conducted by unanimous consent in nees from filibusters. That action in 1795 said to the President In both its rules and its practices, then in office and to future Presidents: this body, those items that do involve the Senate has long recognized the ex- ‘‘Don’t expect the Senate to be a a difference of opinion, including judi- ercise of minority rights with respect rubberstamp. We have an independent co- cial nominations, must at least gain to nominations. And it should come as equal responsibility in the appointing proc- the consent of 60 percent of its Mem- no surprise that in periods where the ess; and we intend to exercise that responsi- bers in order to have that item become electorate is split very evenly, as it is bility, as those who drafted the Constitution law. This is not a procedural quirk. It so clearly intended.’’ now, the filibustering of nominations is not an accident of history. It is what was used extensively. For example, my There is also a very important dif- differentiates the Senate from the good friend Senator HATCH who is on ference between judicial and executive House of Representatives and the the Senate floor—as my mother would nominees that argued for greater Sen- English Parliament. say, God love him, because she likes ate scrutiny of judicial nominees. It President Lyndon Johnson, the him so much, and I like him, too—he should be noted that legislation is not ‘‘Master of the Senate,’’ put it this may remember when I was chairman of forever. Judicial appointments are for way: the Judiciary Committee back in the the life of the candidate. In this country, a majority may govern but bad old days when the Democrats con- Of course, no President has unlimited it does not rule. The genius of our constitutional and representative government is the trolled the Senate during President authority, even related to his own Cab- inet. But when you look at judges, they multitude of safeguards provided to protect Clinton’s first 2 years in office, a time minority interests. when the Democrats controlled both serve for life. An interesting fact that differen- And it is not just leaders from the the Presidency and the Senate but Democratic Party who understand the nonetheless the country remained very tiates us from the 1800s, when these filibusters took place, and 1968, when importance of protecting minority divided, numerous filibusters resulted, rights. Former Senate Majority Leader even in cases not involving the judici- they took place: The average time a Federal judge spends on the bench, if Howard Baker wrote in 1993 that com- ary. promising the filibuster: I remind my friends, for example, appointed in the last 10 years from today, has increased from 15 years to 24 would topple one of the pillars of American that the nomination of Dr. Henry Fos- Democracy: the protection of minority ter for Surgeon General, Sam Brown to years. That means that on average, every judge we vote for will be on that rights from majority rule. The Senate is the be ambassador to the Conference on only body in the federal government where Cooperation and Security in Europe, bench for a quarter century. Since the these minority rights are fully and specifi- Janet Napolitano to be U.S. attorney impeachment clause is fortunately not cally protected. in the District of Arizona, and Ricki often used, the only opportunity the Put simply, the ‘‘nuclear option’’ Tigert for the Federal Deposit Insur- Senate has to have its say is in this would eviscerate the Senate and turn it ance Corporation head, were all filibus- process. into the House of Representatives. It is tered. We controlled the Senate, the The nuclear option was so named be- not only a bad idea, it upsets the Con- House, the Presidency, but the Nation cause it would cause widespread bed- stitutional design and it disserves the was nonetheless divided. lam and dysfunction throughout the country. No longer would the Senate be Some may counter that there should Senate, as the minority party, my that ‘‘different kind of legislative be a difference between how judicial party, has pledged to render its vig- body’’ that the Founders intended. No nominees should be treated versus the orous protest. But I do not want to longer would the Senate be the ‘‘sau- treatment accorded executive branch dwell on those immediate consequences cer’’ to cool the passions of the imme- nominees, the Cabinet, and the rest. which, I agree with my Senate Judici- diate majority. Constitutional text, historical practice ary Committee chairman, would be Without the filibuster, more than 40 and principle all run contrary to that dramatic. He said: Senators would lack the means by proposition. If we come to the nuclear option the Sen- which to encourage compromise in the On the textual point, we only have ate will be in turmoil and the Judiciary process of appointing judges. Without one appointments clause. It is also in- Committee will be in hell. the filibuster, the majority would structive to look at a few historical ex- However serious the immediate con- transform this body into nothing more amples. In 1881, Republican President sequences may be, and however much than a rubber stamp for every judicial Rutherford B. Hayes nominated Stan- such dysfunction would make both par- nomination. ley Matthews to the Supreme Court. A ties look juvenile and incompetent, the The Senate needs the threat of fili- filibuster was mounted, but the Repub- more important consequence is the buster to force a President to appoint lican majority in the Senate was un- long-term deterioration of the Senate. judges who will occupy the sensible able to break the filibuster, and Stan- Put simply, the nuclear option threat- center rather than those who cater to ley Matthews’ Supreme Court nomina- ens the fundamental bulwark of the the whim of a temporary majority. And tion failed without getting a vote. constitutional design. Specifically, the here is why—it is a yes or no vote; you In 1968, the filibuster to block both nuclear option is a double-barreled as- can’t amend a nomination. Justice Abe Fortas from becoming sault on this institution. First, requir- With legislation, you can tinker Chief Justice and Fifth Circuit Court ing only a bare majority of Senators to around the edges and modify a bill to Judge Homer Thornberry to occupy the confirm a judicial nominee is com- make it more palatable. You can’t do seat that Justice Fortas was vacating pletely contrary to the history and in- that with a judge. You either vote for was one where the Democrats content of the Senate. The nuclear option all of him or her, or none. So only by trolled the Senate, and the Republicans also upsets a tradition and history that the threat of filibuster can we obtain filibustered. The leader of that success- says we are not going to change the compromise when it comes to judges.

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4361 We, as Senators, collectively need to And the stakes are much, much high- ‘‘continuing body’’ system is unlike remember that it is our institutional er than the contemporary controversy many other legislative bodies and is duty to check any Presidential at- over the judiciary. Robert Caro, the part of what makes the Senate dif- tempt to take over the Judiciary. As noted author on Senate history, wrote ferent and allows it to avoid being cap- the Congressional Research Service, the following in a letter to the Chair- tured by the temporary passions of the the independent and non-partisan re- man and Ranking Member of the Sen- moment. It makes it different from the search arm of Congress, stated, the ate Committee on Rules and Adminis- House of Representatives, which comes ‘‘nuclear option’’ would: tration: up with new rules each and every Con- . . . strengthen the executive branch’s [I]n considering any modification [to the gress from scratch. right of extended debate in the Senate Sen- hand in the selection of federal judges. The ‘‘nuclear option’’ doesn’t propose This shouldn’t be a partisan issue, ators should realize they are dealing not with the particular dispute of the moment, to change the judicial filibuster rule by but an institutional one. Will the Sen- but with the fundamental character of the securing a two-thirds vote, as required ate aid and abet in the erosion of its Senate of the United States, and with the under the existing rules. It would Article I power by conceding to an- deeper issue of the balance between majority change the rule with only a bare ma- other branch greater influence over our and minority rights . . ., you need only look jority. In fact, as pointed out recently at what happened when the Senate gradually courts? As Senator Stennis once said by a group of legal scholars: to me in the face of an audacious claim surrendered more and more of its power over by President Nixon: international affairs to learn the lesson that On at least 3 separate occasions, the Sen- once you surrender power, you never get it ate has expressly rejected the argument that Are we the President’s men or the Sen- back. ate’s? a simple majority has the authority claimed The fight over the nuclear option is by the proponents of the [nuclear option]. He resolved that in a caucus by not just about the procedure for con- speaking to us as only John Stennis firming judges. It is also, fundamen- One historical incident is particu- could, saying: tally, about the integrity of the Sen- larly enlightening. In 1925, the Senate I am a Senate man, not the President’s ate. Put simply, the ‘‘nuclear option’’ overwhelmingly refused to agree to man. changes the rules midstream. Once the then-Vice President Dawes’ suggestion Too many people here forget that. Senate starts changing the rules out- that the Senate adopt a proposal for Earlier, I explained that for much of side of its own rules, which is what the amending its rules identical to the nu- the Senate’s history, a single Senator nuclear option does, there is nothing to clear option. could stop legislation or a nomination stop a temporary majority from doing On this occasion, an informal poll dead in its tracks. More recent changes so whenever a particular rule would was taken of the Senate. It indicated to the Senate Rules now require only 3⁄5 pose an obstacle. over 80 percent of the Senators were of the Senate, rather than all of its It is a little akin to us agreeing to opposed to such a radical step. Members, to end debate. Proponents of work together on a field. I don’t have the ‘‘nuclear option’’ argue that their to sit down and agree with you that we Let me be very clear. Never before proposal is simply the latest iteration are going to divide up this field, but I have Senate rules been changed except of a growing trend towards say, OK, I will share my rights in this by following the procedures laid out in majoritarianism in the Senate. God field with you. But here is the deal we the Senate rules. Never once in the his- save us from that fate, if it is true. agree to at the start. Any change in tory of the Senate. I strongly disagree. Even a cursory the agreements we make about how to The Congressional Research Service review of these previous changes to the run this field have to be by a super- directly points out that there is no pre- Senate Rules on unlimited debate show majority. OK? Because that way I am vious precedent for changing the Sen- that these previous mechanisms to in- giving up rights—which all the Found- ate rules in this way. voke cloture always respected minority ers did in this body, this Constitution— The ‘‘nuclear option’’ uses an ultra- rights. rights of my people, for a whole gov- The ‘‘nuclear option’’ completely vires mechanism that has never before ernment. But if you are going to been used in the Senate—‘‘Employment eviscerates minority rights. It is not change those rules with a pure major- simply a change in degree but a change of the [nuclear option] would require ity vote, then I would have never got- the chair to overturn previous prece- in kind. It is a discontinuous action ten into the deal in the first place. that is a sea change, fundamentally re- I suffer from teaching constitutional dent. structuring what the Senate is all law for the last 13 years, an advanced The Senate Parliamentarian, the about. class on constitutional law at Widener nonpartisan expert on the Senate’s pro- It would change the Senate from a University, a seminar on Saturday cedural rules—who is hired by the ma- body that protects minority rights to morning, and I teach this clause. I jority—has reportedly said that Repub- one that is purely majoritarian. Thus, point out the essence of our limited licans will have to overrule him to em- rather than simply being the next log- constitutional government, which is so ploy the ‘‘nuclear option’’. ical step in accommodating the Senate different than every other, is that it is Adopting the ‘‘nuclear option’’ would Rules to the demands of legislative and based on the consent of the governed. send a terrible message about the mal- policy modernity, the ‘‘nuclear option’’ The governed would never have given leability of Senate rules. No longer is a leap off the institutional precipice. consent in 1789 if they knew the outfit And so here we collectively stand—on would they be the framework that each they were giving the consent to would party works within. the edge of the most important proce- be able, by a simple majority, to alter I’ve been in the Senate for a long dural change during my 32-year Senate their say in their governance. career, and one of the most important The Senate is a continuing body, time, and there are plenty of times I ever considered in the Senate; a change meaning the rules of the Senate con- would have loved to change this rule or that would effectively destroy the Sen- tinue from one session to the next. that rule to pass a bill or to confirm a ate’s independence in providing advice Specifically, rule V provides: nominee I felt strongly about. and consent. The rules of the Senate shall continue But I didn’t, and it was understood I ask unanimous consent to be able from one Congress to the next Congress un- that the option of doing so just wasn’t to continue for another 15 minutes. less they are changed as provided in these on the table. The PRESIDNG OFFICER. Without rules. objection, it is so ordered. I say to my colleague from North You fought political battles; you Mr. BIDEN. The ‘‘nuclear option’’ Carolina, on the floor, I say to my col- fought hard; but you fought them with- would gut the very essence and core of league from South Carolina, I say to in the strictures and requirements of what the Senate is about as an institu- my colleague from Utah: If you vote the Senate rules. Despite the short- tion—flying directly in the face of our for this ‘‘nuclear option’’ you are about term pain, that understanding has Founders who deliberately rejected a to break faith with the American peo- served both parties well, and provided parliamentary system. A current de- ple and the sacred commitment that long-term gain. bate, over a particular set of issues, was made on how to change the rules. Adopting the ‘‘nuclear option’’ would should not be permitted to destroy Senate rule XXII allows only a rule change this fundamental under- what history has bestowed on us. change with two-thirds votes. The standing and unbroken practice of

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4362 CONGRESSIONAL RECORD — SENATE April 27, 2005 what the Senate is all about. Senators trials. Moreover it is at the very core President Eisenhower named Democrat would start thinking about changing of our Constitution. The term ‘‘due William Brennan to the Supreme other rules when they became process of law’’ appears not once but Court. What has happened to us? What ‘‘inconvienent.’’ Instead of two-thirds twice in our Constitution, because our have we become? of the vote to change a rule, you’d now predecessors recognized the vital im- Does anyone not understand this Na- have precedent that it only takes a portance of setting proper procedures— tion is divided red and blue and what it bare majority. Altering Senate rules to proper rules—and abiding by them. needs is a purple heart and not a red help in one political fight or another It is also the bedrock principle we heart or a blue heart. could become standard operating pro- Senators rely on in accepting outcomes Lest any of my colleagues think cedure, which, in my view, would be with which we may disagree. We know these examples are merely culled from disastrous. the debate was conducted fairly—the the dusty pages of history, let me re- The Congressional Research Service game was played by the rules. A deci- mind them that the Senate has wit- has stated that adopting the ‘‘nuclear sion to change the Senate’s rules in nessed recent examples of consensus option’’ would set a precedent that violation of those very same rules appointments during times of close po- could apply to virtually all Senate abandons the procedural justice that litical division. As I already men- business. It would ultimately threaten legitimates everything we do. tioned, President Clinton followed this both parties, not just one. The Service It is interesting to ask ourselves historic practice during vacancies to report states: what’s different about now, why are we the Supreme Court a decade ago. The presence of such a precedent might, in at this precipice where the ‘‘nuclear As explained by my friend, the Senior principle, enable a voting majority of the option’’ is actually being seriously de- Senator from Utah, who was then the Senate to alter any procedure at-will by rais- bated and very well might be utilized? ranking member of the Senate Judici- ing a point of order . . . by such means, a Why have we reached this point when voting majority might subsequently impose ary Committee, President Clinton con- such a seemingly radical rule change is sulted with him and the Republican limitations on the consideration of any item being seriously considered by a major- of business, prohibiting debate or amend- Caucus during the High Court vacan- ment to any desired degree. Such a majority ity of Senators? It’s a good question, cies in 1993 and 1994. The result was might even alter applicable procedures from and I don’t have an easy answer. President Clinton’s selection of two one item of business to the next, from one We have avoided such fights in the outstanding and consensus nominees— form of proceeding to a contrary one, de- past largely because cooler heads have Ruth Bader Ginsburg and Stephen pending on immediate objects. prevailed and accommodation was the Breyer—both of whom were confirmed Just as the struggle over the ‘‘nu- watchword. overwhelmingly by the Senate, by As Senator Sam Ervin used to say— clear option’’ is about constitutional votes of 97–3 and 87–9, respectively. the separation of powers should not, as law and Senate history, it is also about Indeed, the last two vacancies to the President Woodrow Wilson warned, be- something much more simple and fun- Supreme Court are text book examples come an invitation for warfare between damental—playing by the rules. of the executive branch working in co- I reiterate that I think Senator the two branches. operative and collegial fashion with its FRIST and his allies think they are act- Throughout this country’s history— Senate counterpart to secure consensus ing on the basis of principle and com- whether during times of war or polit- appointments, thus averting an ideo- mitment, but I regret to say they are ical division, for example—Presidents logical showdown. The two constitu- also threatening to unilaterally change have sometimes extended an olive tional partners given roles in the nomi- the rules in the middle of the game. branch across the aisle. Past Presi- nation process engaged in a consult- Imagine a baseball team with a five- dents have in these circumstances ative process that respected the rights run lead after eight innings unilater- made bipartisan appointments, select- and obligations of both branches as an ally declaring that the ninth inning ing nominees who were consensus can- institutional matter, while also pro- will consist of one out per team. didates and often members of the other ducing outstanding nominees who were Would the fans—for either side— party. highly respected by both parties. stand for that? If there is one thing President Clinton had two Supreme this country stands for it’s fair play— Court nominees, and the left was push- To be sure, a careful review of our not tilting the playing field in favor of ing us as hard as the right is pushing Nation’s history does not always pro- one side or the other, not changing the you. What did he do? I spent several vide the examples of consultation, rules unilaterally. We play by the hours with him consulting on it. He comity, or consensus in the nomina- rules, and we win or lose by the rules. picked two people on his watch who got tion process. Presidents of both parties That quintessentially American trait 90 or so votes. Moderate, mainstream have at times attempted to appoint is abandoned in the ‘‘nuclear option.’’ appointments. He did not appoint nominees—or remove them once con- Republican Senators as well as Demo- Scalias. He did not appoint Thomases. firmed—over the objections of the Sen- cratic ones have benefited from minor- He appointed people acceptable to the ate, including in some instances where ity protections. Much more impor- Republicans because he was wise the Senate was composed of a majority tantly, American citizens have bene- enough to know, even though he was of the President’s own party. And fited from the Senate’s check on the President, we were still a divided Na- sometimes the Senate has had to stand excesses of the majority. tion. strong and toe the line against impe- But this is not just about games, and History provides ample examples. rialist Presidential leanings. playing them the right way. This is During the midst of the Civil War, Our first President, George Wash- about a more ethereal concept—justice. President Lincoln selected members of ington, saw one of his nominees to the In his groundbreaking philosophical the opposition Democratic party for Supreme Court rejected by this Senate treatise, A Theory of Justice, the phi- key positions, naming Stephen Field to in 1795. The Senate voted 14 to 10 to re- losopher John Rawls points to the im- the Supreme Court in 1863 and Andrew ject the nomination of John Rutledge portance of what he calls procedural Johnson as his Vice Presidential can- of South Carolina to be Chief Justice. justice. didate in 1864. What is historically instructive, I be- Relying on this predecessors such as On the brink of American entrance lieve, is that while the Senate was Immanuel Kant, Thomas Hobbes, Jean into WWII, President Roosevelt like- dominated by the Federalists, Presi- Jacques Rousseau, and John Locke, wise selected members of the opposi- dent Washington’s party, 13 of the 14 Rawls argues that, in activities as dition Republican party, elevating Har- Senators who rejected the Rutledge verse as cutting a birthday cake and lan Fiske Stone to be Chief Justice and nomination were Federalists. conducting a criminal trial, it is the naming Henry Stimson as Secretary of The Senate also stood firm in the procedure that makes the outcome War. 1805 impeachment of Supreme Court just. An outcome is just if it has been Other 20th Century Presidents fol- Justice Samuel Chase. President Jef- arrived at through a fair procedure. lowed suit. In 1945, President Truman ferson’s party had majorities in both This principle undergirds our legal named Republican Senator Harold Bur- the House and the Senate, and Jeffer- system, including criminal and civil ton to the Supreme Court. In 1956, son set his sights on the Supreme

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4363 Court. Specifically, he wanted to re- 1937.’’ A parliamentary legislature from the then-existing two-thirds clo- move Justice Chase, a committed Fed- would have gone ahead with their ture requirement to three-fifths. It was eralist and frequent Jefferson critic, President, that’s what they do, but the a change in degree, not a fundamental from the Court. Founders envisioned a different kind of restructuring of the Senate to com- Jefferson was able to convince the legislature, an independent institution pletely do away with minority rights. House to impeach Justice Chase on a that would think for itself. In the end, The rule change was also attempted party-line vote, and the President had Roosevelt’s plan failed because Demo- at the beginning of the Senate session enough members of his party in the crats in Congress thought court-pack- and applied across the board, as op- Senate to convict him. But members of ing was dangerous, even if they would posed to the change currently on the the President’s own party stood up to have supported the newly-constituted table, brought up mid-session con- their President; the Senate as an insti- court’s rulings. The institution acted cerning only a very small subset of the tution stood up against executive over- as an institution. Senate’s business. Nonetheless, my de- reaching. Justice Chase was not con- In summary, then, what do the Sen- cision to support cutting off debate on victed, and the independence of the ju- ate’s action of 1795, 1805, and 1937 share a rules change by a simple majority diciary was preserved. in common? I believe they are exam- vote was misguided. The Senate again stood firm in the ples of this body acting at its finest, I carefully listened to the debate in 1937 court-packing plan by President demonstrating its constitutional role 1975 and learned much from my senior Franklin Roosevelt. as an independent check on the Presi- colleagues. In particular, I remember This particular example of Senate re- dent, even popularly elected Presidents Senator Mansfield being a principled solve is instructive for today’s debates, of the same political party. voice against the effort to break the so let me describe it in some detail. It One final note from our Senate his- rules to amend the rules. was the summer of 1937 and President tory. Even when the Senate’s rules Senator Mansfield stood on this floor Roosevelt had just come off a landslide have been changed in the past to limit and said the following: victory over Alf Landon, and he had a extended debate, it has been done with [T]he fact that I can and do support 2 3 Congress made up of solid New Dealers. great care, remarkable hesitancy, and [changing the cloture threshold from ⁄3 to ⁄5] does not mean that I condone or support the But the ‘‘nine old men’’ of the Supreme by virtual consensus. Take what oc- route taken or the methods being used to Court were thwarting his economic curred during the Senate’s two most reach the objective of Senate rule 22. The agenda, overturning law after law over- important previous changes to the fili- present motion to invoke cloture by a simple whelmingly passed by the Congress and buster rule: the 1917 creation of cloture majority, if it succeeds would alter the con- from statehouses across the country. and the 1975 lowering of the cloture cept of the Senate so drastically that I can- In this environment, President Roo- threshold. not under any circumstances find any jus- sevelt unveiled his court-packing First, let’s examine 1917. On the eve tification for it. The proponents of this mo- plan—he wanted to increase the num- of the United States’ entry into WWI, tion would disregard the rules which have governed the Senate over the years, over the ber of Justices on the court to 15, al- with American personnel and vessels in decades, simply by stating that the rules do lowing himself to nominate these addi- great danger on the high seas, Presi- not exist. They insist that their position is tional judges. In an act of great cour- dent Wilson asked that Congress au- right and any means used are, therefore, age, Roosevelt’s own party stood up thorize the arming of American mer- proper. I cannot agree. against this institutional power grab. chant vessels. Over three-fourths of the Senator Mansfield’s eloquent defense They did not agree with the judicial ac- Senate agreed with this proposal on of the Senate’s institutional character tivism of the Supreme Court, but they the merits, but a tiny minority op- and respect for its rules rings as true believed that Roosevelt was wrong to posed it. With American lives and prop- today as it did 30 years ago. Senator seek to defy established traditions as a erty at grave risk, the Senate still Mansfield’s courage and conviction in way of stopping that activism. took over 2 months to come to the that emotionally charged time is fur- In May 1937, the Senate Judiciary point of determining to change its ther evidence, I believe, of why he is Committee—a committee controlled by rules to permit cloture. one of the giants of the Senate. the Democrats and supportive of his When they did so, they did it by vir- In the end, cooler heads prevailed and political ends—issued a stinging re- tual consensus, and in a supremely bi- the Senate came together in a way buke. They put out a report con- partisan manner. A conference com- only the Senate can. I changed my demning Roosevelt’s plan, arguing it mittee composed equally of Democrats mind; I along with my Senate col- was an effort ‘‘to punish the justices’’ and Republicans, each named to the leagues. We reversed ourselves and and that executive branch attempts to committee by their party leadership, changed the cloture rule but only by dominate the judiciary lead inevitably drafted and proposed the new rule. It following the rules. Ultimately, over 3⁄4 to autocratic dominance, ‘‘the very was then adopted by an overwhelming of the voting Senators—a bipartisan thing against which the American vote of 76–3. group—voted to end debate. In fact, the Colonies revolted, and to prevent which In 1975, I was part of a bipartisan ef- deal that was struck called for reduc- the Constitution was in every par- fort to lower the threshold for cloture ing the required cloture threshold from ticular framed.’’ from two-thirds to three-fifths. Many 2⁄3 to 3⁄5; but it retained the higher 2⁄3 Our predecessors in the Senate of us were reacting against the filibus- threshold for any future rules changes. showed courage that day and stood up tering for so many years of vital civil Now I understand that passions today to their President as a coequal institu- rights legislation. Civil rights is an are running high on both sides of the tion. And they did so not to thwart the issue I feel passionately about and was ‘‘nuclear option’’ issue, and I can relate agenda of the President, which in fact a strong impetus for me seeking public to my current Republican colleagues. I many agreed with; they did it to pre- office in the first place. Don’t get me agree with my distinguished Judiciary serve our system’s checks and bal- wrong—I was not calling the shots Committee Chairman that neither side ances; they did it to ensure the integ- back in 1975; I was a junior Senator has clean hands in the escalating judi- rity of the system. When the Founders having been in the chamber for only 2 cial wars. created a ‘‘different kind of legislative years. I also understand the frustration of body’’ in the Senate, they envisioned a But I will make no bones about it— my Republican colleagues—especially bulwark against unilateral power—it for about two weeks in 1975—I was part those who are relatively new to this worked back then and I hope that it of a slim bipartisan majority that sup- Chamber—that a minority of Senators works now. ported jettisoning established Senate can have such power in this body. The noted historian Arthur Schles- rules and ending debate on a rules For me, the lesson from my 1975 ex- inger, Jr., has argued that in a par- change by a simple majority. perience, which I believe strongly ap- liamentary system President Roo- The rule change on the table in 1975 plies to the dispute today, is that the sevelt’s effort to pack the court would was not to eliminate the filibuster in Senate ought not act rashly by chang- have succeeded. Schlesinger writes: its entirety, which is what the current ing its rules to satisfy a strong-willed ‘‘The court bill couldn’t have failed if ‘‘nuclear option’’ would do for judicial majority acting in the heat of the mo- we had had a parliamentary system in nominations; rather it was to change ment.

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4364 CONGRESSIONAL RECORD — SENATE April 27, 2005 Today, as in 1975, the solution to I, for one, am comfortable with the acteristic of the House than of the Senate in what some have called a potential con- role I will play in this upcoming his- the early years. stitutional crisis lies in the deliberate toric moment. There have been successful filibusters that have benefited the country. For example, in and thoughtful effort by a bipartisan I hope all my colleagues feel the March 1911, Senator Owen of Oklahoma fili- majority of Senators to heed the wis- same. bustered a measure granting statehood to dom of those who established the care- Mr. President, on behalf of Senator New Mexico, arguing that Arizona should fully crafted system of checks and bal- BYRD, I ask unanimous consent to have also be a state. President Taft opposed the ances protecting the rights of the mi- printed in the RECORD a speech against inclusion of Arizona’s statehood because a nority. It’s one thing to change Senate the nuclear option delivered earlier provision of Arizona’s state constitution per- rules at the margins and in degrees, this week by Senator BYRD to the Cen- mitted the recall of judges. Arizona later at- it’s quite another to overturn them. ter for American Progress. tained statehood, at least in part because Federalist No. 1 emphasizes that Senators took time to make the case the There being no objection, the mate- year before. Another example occurred in Americans have a unique opportunity— rial was ordered to be printed in the July 1937, when a Senate filibuster blocked to choose a form of government by ‘‘re- RECORD, as follows: FDR’s Supreme Court-packing plan until flection and choice’’: UPHOLDING THE TRADITION OF FREEDOM OF public opinion turned against the plan. It has been frequently remarked that it SPEECH—APRIL 25, 2005 Freedom of speech and debate is enshrined in Article I, Section 6, of the U.S. Constitu- seems to have been reserved to the people of ‘‘That 150 lawyers should do business to- tion. The roots run deep. Before the British this country . . . to decide the important gether (in the U.S. Congress) ought not to be Parliament would proclaim William III and question, whether societies of men are really expected.’’ Those are the words of Thomas Mary as king and queen of England, they capable or not of establishing good govern- Jefferson. were required to swear allegiance to the ment from reflection and choice, or whether Now comes the so-called Nuclear Option, British Declaration of Rights, which they did they are forever destined to depend for their or Constitutional Option to prove him right. on February 13, 1689. They were then de- political constitutions on accident and force. You know, I liked Jefferson, but I always clared joint sovereigns by the House of Com- We need to understand that this is a thought he borrowed some of my best stuff mons. The declaration was converted into for that declaration he wrote. This poisoned question posed at the time of the the English Bill of Rights by statute on De- pill, euphemistically designated ‘‘the nuclear founding and also a question posed to cember 16, 1689, the 9th Article of which option’’, has been around a long time—since us today. At the time of the founding, guarantees freedom of speech and debate in 1917, in fact, the year the cloture rule was it was a question about whether Amer- Parliament in words similar to those in our adopted by the U.S. Senate. It required no own Constitution, Article I, Section 6. ica would be able to choose well in de- genius of Brobdingnagian proportions to con- termining our form of government. So now, for the first time in the 217 years jure up this witch’s brew. All that it takes is since 1789, the tradition of freedom of speech We know from the experience of the (1) to have the chair wired; (2) to have a ma- last 225 years that the founding genera- and debate in the Senate is under a serious jority of 51 votes to back the chair’s ruling; threat of extinction by the majority party tion chose well. As a question posed to and (3) a determined ruthlessness to execute through resort to the nuclear option. citizens and to Senators of today, it is the power grab. Marty Gold, deservedly respected for his a question about whether we will be Over the 88 years since 1917, however, no knowledge of the Senate rules and prece- able to preserve the form of govern- White House and no party in control of the dents, and opponents of free speech and de- ment they chose. Senate has ever resorted to the use of this bate claim that, during my tenure as Major- The Framers created the Senate as a draconian weapon in order to achieve its ity Leader in the United States Senate, I es- goal. Until now. Why now? It is because a de- tablished precedents that now justify a pro- unique legislative body designed to termined minority in the Senate has refused protect against the excesses of any posal for a misguided attempt to end debate to confirm only 10 of over 200 nominees to on a judicial nomination by a simple major- temporary majority, including with re- federal judgeships submitted by President ity vote, rather than by a 3/5s vote of all Sen- spect to judicial nominations; and they George Bush during this first term as Presi- ators duly chosen and sworn as required by left all of us the responsibility of guar- dent. Since his reelection, President Bush Paragraph 2 of Senate Rule XXII. Their anteeing an independent Federal judi- has resubmitted 7 of the 10 nominees who claims are false. Utterly false! ciary, one price of which is that it failed to be confirmed in his first term. Proponents of the so-called ‘‘nuclear op- sometimes reaches results Senators do Hence, a heavy-handed move is about to be tion’’ cite several instances in which they in- made to change the rules by disregarding the accurately allege that I ‘‘blazed a procedural not like. standing rules of the Senate that have gov- It is up to us to preserve these pre- path’’ toward an inappropriate change in erned freedom of speech and debate in the Senate rules. They are dead wrong. Dead cious guarantees. Our history, our Senate for over 200 years. The filibuster wrong! They draw analogies where none exist American sense of fair play, and our must go, they say. and create cockeyed comparisons that fail to Constitution demand it. Obstructive tactics in a legislative forum, withstand even the slightest intellectual I would ask my colleagues who are although not always known as filibusters, scrutiny. My detailed response to these false considering supporting the ‘‘nuclear are of ancient origin. Plutarch reported that, claims and allegations appears in the March option’’—those who propose to ‘‘jump while Caesar was on sojourn in Spain, the 20, 2005, edition of the Congressional Record. off the precipice’’—whether they be- election of Consuls was approaching. ‘‘He ap- But, simply put, no action of mine ever de- lieve that history will judge them fa- plied to the Senate for permission to stand nied a minority of the Senate a right to full candidate,’’ but Cato strongly opposed his re- debate on the final disposition of a measure vorably. quest and ‘‘attempted to prevent his success In so many instances throughout this or matter pending before the Senate. Not in by gaining time; with which view he spun at 1977, not in 1979, not in 1980, not in 1987—the esteemed body’s past, our forefathers the debate till it was too late to conclude dates cited by critics as grounds for the nu- came together and stepped back from upon anything that day.’’ Hey, the filibuster clear option. In none of the instances cited the cliff. In each case, the actions of has only been around 2,064 years, since circa by those who threaten to invoke the nuclear those statesmen preserved and 59 B.C.! option did my participation in any action strengthened the Senate, to the better- Filibusters were also a problem in the Brit- deny the minority in the Senate, regardless ment of the health of our constitu- ish Parliament. In 19th century England, of party, its right to debate the real matter even the members of the Cabinet accepted tional republic and to all of our advan- at hand. the tactics of obstruction as an appropriate Now why can’t reasonable Senators on tage. weapon to defeat House of Commons’ initia- both sides of the aisle act in the best inter- Our careers in the Senate will one tives that were not acceptable to the govern- ests of the Senate, the Constitution, and the day end—as we are only the Senate’s ment. In this country, experience with pro- country by working together to find a way to temporary officeholders—but the Sen- tracted debate began early. In the first ses- avoid this procedural Armageddon? Presi- ate itself will go on. sion of the First Congress, for example, there dent Gerald Ford always said that he be- Will historians studying the actions was a lengthy discussion regarding the per- lieved in friendly compromise and called taken in the spring of 2005 look upon manent site for the location of the Capitol. compromise ‘‘the oil that makes govern- the current Members of this Senate as Fisher Ames, a member of the House from ments go.’’ statesmen who placed the institution Massachusetts, complained that ‘‘the minor- When I was a mere lad in southern West ity . . . makes every exertion to . . . delay Virginia, I once accidentally threw a wooden of the United States Senate above the business.’’ airplane I had crafted through the glass of a party and politics? Senator William Maclay of Pennsylvania window in a neighbor’s house. The neighbor’s Or will historians see us as politi- complained that ‘‘every endeavor was used name was Mr. Arch Smith. He was angry, cians bending to the will of the Execu- to waste time,...’’ Long speeches and and I was scared. Into the house I went to tive and to political exigency? other obstructionist tactics were more char- plead with Mr. Smith not to tell my Dad. I

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4365 knew that a belt thrashing awaited me if he 1937) if his political party holds a majority in tion and extremism continue to rage on all did. I promised to pay Mr. Smith .35 cents for the Senate. Without the ability by a minor- sides. There have even been overt attempts the windowpane if he would stay mum about ity to defeat cloture by a supermajority to physically threaten and intimidate Fed- the accident. I would raise the .35 cents by vote, that slim wall holding back the waters eral judges. When the nation becomes this running errands for a friendly lady next of destruction of a fair and independent judi- divided, when the spin becomes this mean, door. We struck a deal. We compromised. ciary, ruptures. Other liberties enumerated the destruction of basic principles which And my dad never learned of the incident in the bill of rights can then also be washed have been our guide for more than two cen- until after I had paid my debt. That com- away by a President who stacks the courts turies looms straight ahead. Moreover, the promise saved me a licking, and paid for Mr. to reflect a political agenda. Freedom of trashing and trampling of comity leaves ugly Smith’s broken window. The sweet art of speech, freedom of religion, all could be scars sure to fester and linger. How can we compromise solved our dispute. gone, wiped out by a partisan court, be- recover from the venom spewed by this dan- Of course, the Senate itself is the result of holden to one man: the President. gerous political ploy and get on with the a compromise which solved a dispute. The The threat of the so-called ‘‘nuclear op- people’s business, especially if the nuclear Senate answered the plea of the smaller tion’’ puts us on a dangerous course. Yet, in- trigger is actually pulled? states for equality and a forum where they credibly, today we stand right on the brink, At such times as these, the character of could have equal representation and minor- maybe only days away, from destroying the the leaders of this country is sorely tested. ity views could be heard. Because of that fa- checks and balances of our Constitution. Our best leaders search for ways to avert mous action, the Great Compromise of July What has happened to the quality of leader- such crises, not ways to accelerate the 16, 1787, the Senate and the House balance ship in this country that would allow us to plunge toward the brink. Overheated par- each other, reflecting majority rule and mi- even consider provoking a Constitutional tisan rhetoric is always available, although nority rights like halves of the same apple in crisis of such major proportions? Where is these days it seems to come especially our Republic, and achieving a delicate bal- the gentle art of compromise? Edmund cheap, but the great majority of our people ance—a finely tuned, exquisitely honed ac- Burke said, ‘‘All government—indeed, every want a healthy two-party system and leaders commodation of tensions which has endured human benefit and enjoyment, every virtue who know how to work together, despite se- for over 200 years. To paraphrase the words and every prudent act—is founded on com- rious differences. of James Madison, the Republic has been promise and barter.’’ As I have said earlier, The current uproar serves only to under- structured to, ‘‘guard against the cabals of a the nuclear option has been around for years. score the mounting number of problems not few . . .,’’ as well as against the ‘‘confusion It could have been employed at anytime. being addressed by this government. Over of a multitude . . .’’ Yet, no leader of either party chose to go forty five million persons in our country, The Constitution, under Article II, Section down that path because the consequences are some 15% of our population cannot afford 2, requires a President to submit his selec- so dire. Why have we arrived at such a dan- health care insurance. Our infant mortality tion of Federal judges, members of his own gerous impasse? rate is the second highest of the major indus- cabinet, and certain other high-ranking offi- Reaction to recent decisions handed down trialized countries of the world. Our deficits cials to the Senate for its ‘‘advice and con- by Federal Courts has fueled the drive to- are skyrocketing. Poverty in these United sent.’’ The Framers allowed the Executive ward this act of self destruction. Many citi- States is rising, with 34 million people or only to propose. It was left to the Senate to zens, religious people, angered by a feeling of 12.4% of the population living below the pov- dispose. There is no stipulation in the Con- years of exclusion from our political process, erty line. Our veterans lack adequate med- stitution as to how the Senate is to express are deeply frustrated. I am in sympathy with ical care after they have risked life and limb its advice or give its consent. President Bush such feelings. I do not agree with many of for all of us. Our education system produces incorrectly maintains that each nominee for the decisions which have come from the 8th graders ranked 19th out of38 countries in a federal judgeship is entitled to an up or courts concerning prayer in school, and pro- the world in math, and 12th graders ranked down vote. The Constitution doesn’t say hibitions on the public display of religious 19th out of 21 countries in both math and that. It doesn’t even say that there has to be items. For example, relating to freedom of science. Yet, we debate and seek solutions to a vote with respect to the giving of ‘‘its con- religion, Article I states: ‘‘Congress shall none of these critical problems, and instead sent.’’ The Senate can refuse to confirm a make no law respecting an establishment of focus all energy on the frenzy over the selec- nominee simply by saying nothing and doing religion, or prohibiting the free exercise tion of judges, and seek as an antidote to our nothing. In Section 2, Article II, it says, thereof; . . .’’ In my opinion, the courts have frustration, the preposterous solution of per- ‘‘... and by and with the advice and con- not given equal weight to both of these manently crippling freedom of speech and sent of the Senate, [He] shall appoint ambas- clauses but have stressed the first clause debate and the right of a minority to dissent sadors . . . Judges of the Supreme Court, and while not giving enough weight to the second in the United States Senate. all other Officers of the United States. . . .’’ clause ‘‘or prohibiting the free exercise It is very important to remember that the Just as in Article I concerning the setting thereof;. . . .’’ I have always believed that Senate has formalized ways of considering of Senate rules, Article II allows the Senate this country was founded by men and women changes to our rules. Changes require 67 the freedom to determine how it will use its of strong faith, and that their intent was not votes to curtail a filibuster of rules changes. advice and consent powers. The choice of the to suppress religion in the life of our nation, If this nuclear option is employed in the way Senate as the single entity to work with the but to ensure that the government favored most frequently discussed, i.e. a ruling from President on the selection of life-tenured no one religion over another. I understand the chair that a supermajority requirement federal judges seems strongly to indicate the the extreme anger of many good people who for cloture on a filibuster in respect to Framer’s desire for scrutiny by the House of decry the nature of our popular culture, with amending the rules is unconstitutional, if Congress uniquely designed for the protec- its overt emphasis on sex, violence, pro- sustained by 51 votes, cloture will require tion of minority views. The Framers could fanity, and materialism. They have every only a simple majority vote with respect to have selected the majoritarian House of Rep- right to seek some sort of remedy. But these federal judgeships. There is nothing, then, resentatives for such a duty. They did not. In frustrations, as great as they are, must not except good sense, which seems to be in very fact, they totally excluded the House. They be allowed to destroy crucial institutional short supply, to prevent majority cloture of made a conscious decision to delegate the mechanisms which protect minority rights, any filibuster on any measure or matter, ‘‘advice and consent’’ function to the United and curb the power of an overreaching Presi- whether on the legislative or the executive States Senate. dent. Yet, that is exactly what is about to calendar. Think of that! Rules going back for But, suppose the President’s party controls happen, with this very misdirected attack on over 200 years and beyond, with roots in the the Senate, and therefore controls the votes the filibuster. early British Parliament, can be swept away of a majority in the Senate? Where then, is The outlook for compromise is dim. The by a simple majority vote. Because of dema- the check on Presidential power? The fili- debate has reached a fever pitch and polit- goguery, lack of leadership, raw ambition, buster is the minority’s strongest tool in ical polarization is at levels I have never hysteria, and a state of brutal political war- providing the Constitutional curb on raw seen. Democrats have overreached. Repub- fare that wants no truce and brooks no Presidential power when it comes to nomina- licans have overreacted. And the White peacemakers, we may destroy the U.S. Sen- tions and the federal courts. Of course, the House has poured salt in the wound by send- ate, leaving in our wake a President able to President’s party could occupy 60 seats in ing the same contentious nominations right select and intimidate the courts like a King, the Senate, and that would be enough to back to the Senate as if there were not a and a system of government finally and break any filibuster except when amending country full of qualified and talented judges irretrievably lost in a last pathetic footnote the rules. But, 60 votes is a high threshold, from which to choose. Our two great polit- to Ben Franklin’s rejoinder for the ages, ‘‘a and does provide an effective check on the ical parties are not having a national debate. Republic, if you can keep it.’’ This is scary! abuse of power. Why would we ever want to We are simply shouting at each other. I have I suspect that at least part of what all of eliminate this important check on Presi- heard statements of late which cause me to this dangerous sound and fury is about can dential power? Haven’t we always had a shudder—such things as, ‘‘Democrats hate be explained by the advanced ages of several healthy suspicion of too much power in the America,’’ or ‘‘Democrats hate people of Supreme Court Justices, and rumors of the hands of a King or any President regardless faith,’’ or ‘‘Republicans want to eliminate Chief Justice’s coming retirement due to ill of party affiliation? The filibuster is the separation of Church and State.’’ Thinking health. The White House does not want a fili- final bulwark preventing a President from Americans would ordinarily shun such ex- buster in the Senate to derail a future choice stacking the courts (as FDR tried to do in treme and ridiculous rhetoric. Yet, vitupera- for the Supreme Court.

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4366 CONGRESSIONAL RECORD — SENATE April 27, 2005 Let me step into the brink and propose The PRESIDING OFFICER. Without United States. It is the charter that something that might calm some waters. In objection, it is so ordered. each of us, as Senators, swears an oath the 105th Congress, Senator ARLEN SPECTER JUDICIAL NOMINATIONS before God to preserve, protect, and de- and I introduced S. Res. 146, a bill which Mr. HATCH. The Senator from Dela- fend. would establish an advisory role for the Sen- That Constitution separates the ate in the selection of Supreme Court Jus- ware a few minutes ago claimed we tices. Except for a very limited ‘‘floating’’ of have never changed our procedures by three branches of Government, assign- names shortly before the President sends up majority vote. Four times the distin- ing legislation to us in the legislative a nomination for the Supreme Court, no one guished Senator from West Virginia led branch, and assigning appointments to gets to weigh in on the choices until after this body to do exactly that when he the President in the executive branch. they are made. As in so many instances in was acting as majority leader—in 1977, We have heard that the Constitutional Washington, broad consultation is non- Convention considered other arrange- existent. In the case of potential occupants 1979, 1980, and 1987. Using a ruling from the Chair and a majority of all the Sen- ments for appointing judges. That may for the Federal Bench, that is a recipe for in- be, but the Constitutional Convention stant polarization before hearings on nomi- ate, a simple majority, we changed pro- nees are even held. Everyone quickly takes cedure relating to both legislation and rejected those arrangements. Rejected sides, and the steam mounts like in an over- nominations. The record has to be ideas do not govern us. The Constitu- heated pressure cooker until the lid is about made clear. tion does. And the Constitution makes to blow off. All we are asking is the 214-year tra- the President, in Alexander Hamilton’s Therein lies the source of some of the dition of the Senate that judicial nomi- words, the ‘‘principal agent’’ in ap- fighting over the make-up of the Courts—no pointments, while the Senate is a prior consultation, so, in effect, no ‘‘advice’’ nees not be filibustered be followed. That has been the tradition of the Sen- check on that power. independent of the White House. Our bill Giving judicial nominations reaching aims to release some of that steam in this ate up until President Bush became the floor an up-or-down vote, that is, way. The Senate Judiciary Committee would President. All we are asking is that exercising our role of advice and con- establish a pool of possible Supreme Court every one of these qualified nominees sent through voting on nominations, nominees for the President to consider, who have reached the floor receive an based on suggestions from Federal and State helps us resist the temptation of turn- up-or-down vote. That is all we are judges, distinguished lawyers, law professors, ing our check on the President’s power and others with a similar level of insight asking. These are highly qualified nominees. into a force that can destroy the Presi- into the suitability of individuals for ap- dent’s power and upset the Constitu- The ABA has ruled they are qualified pointment to the Supreme Court. tion’s balance. Such a pool would fulfill the Senate’s ‘‘ad- in every case. They all have a majority vice’’ function under Article II, Section 2. In Historically, we have followed this bipartisan vote in their favor. If our standard of everybody who reaches the other words, everyone could get their ‘‘oar’’ colleagues on the other side do not into the prospective judicial waters. The floor getting an up-or-down vote. When want to vote for them, they can vote President would of course be free to ignore Republicans ran the Senate under the pool if he chose to do so. But, the ‘‘ad- against them. That will be their right. President Clinton, we gave each of his vice’’ required by the Constitution would be I would fight always to maintain that judicial nominations reaching the floor formally available, and the President would right. But give them a vote, vote up or a final confirmation decision, an up-or- know that the individuals in the pool had re- down. That is what we have always down vote. We took cloture votes, that ceived a bipartisan nod from the Senate done for 214 years before this President Committee required to do the vetting. Such is, votes to end debate, on four of the became President. hundreds of nominees reaching us here. a pool might even be expanded to include all The actions of our colleagues on the nominees for our federal judiciary. All four were confirmed. As a matter of Perhaps letting the Senate in on the judi- other side amount to changing that fact, we confirmed 377 judges nomi- cial ‘‘take off’’ as well as the landing can 214-year traditional history of this Sen- nated by President Clinton, almost the help in the future to heal some of the anger ate. same number as the all-time confirma- which dominates the discussion of the Fed- By the way, we never called this the tion champion, and that was Ronald eral Courts these days. nuclear option. It was called the nu- But for now, like many of you, I simply Reagan, who got 382. But Ronald clear option by the Democrats. We Reagan had 6 years of a Republican hope and pray that cooler heads will prevail, called it the constitutional option be- and compromise (that fading art) will pre- Senate to help him. President Clinton vent us from heading over the cliff. There cause the Constitution says the Presi- only had 2 years of a Democrat Senate are, at least some efforts in that direction, dent has the right to appoint and nomi- to help him. Yet, with the aid of the but time is very short. In just a few days we nate these people for judicial positions. Republicans on the Judiciary Com- may see the unbelievable come to pass—one We have the right to advise and—it is mittee and in this body, he got 377 ap- man, the President, able to select the third, sometimes left off in this body—con- unelected branch of government, including proved. sent, which means a vote up and down. In fact, even on the most controver- the court of last resort, the Supreme Court; That is what I think our colleagues the Senate of the United States relegated to sial appeals court nominations by a second House of Representatives with six ignore. This is a dangerous thing. I call President Clinton, the Republican lead- year terms; free speech and unfettered de- it the constitutional option, or I call it ership used cloture votes to prevent bate rejected; and the Constitutional checks the Byrd option because our distin- filibusters and ensure up-or-down and balances in sad and sorry tatters. guished friend, the Senator from West votes, exactly the opposite of how clo- Shame! What a shame! Virginia, is the one who used this four ture votes are being used during Presi- In closing, let us remember the words spo- times. ken by Vice President Aaron Burr in 1805 dent Bush’s Presidency. If politics is a medicine, an effective This principle that every judicial when he addressed the Senate for the last prescription gives an accurate diag- time: nomination reaching the Senate floor This House is a sanctuary; a citadel of law, nosis. I take a step back and offer a di- deserves an up-or-down vote not only of order, and of liberty; and it is here—it is agnosis of our current struggle over has constitutional roots and historical here, in this exalted refuge; here, if any- how to conduct the judicial confirma- precedent, it also has citizen support. I where, will resistance be made to the storms tion process. I hope this will bring a saw in the Washington Post yesterday of political phrensy and the silent arts of few pieces together, connect some dots, a poll framed in partisan terms, asking corruption; and if the Constitution be des- and provide a little perspective. whether Senate rules should be tined ever to perish by the sacrilegious The first principle is every judicial changed ‘‘to make it easier for the Re- hands of the demagogue or the usurper, nomination reaching the Senate de- which God avert, its expiring agonies will be publicans to confirm Bush’s judicial witnessed on this floor. serves an up-or-down vote. nominees.’’ Ladies and gentlemen, the clock is running This principle has constitutional With all due respect, this question and the hour of fulfillment of Vice President roots, historical precedent, and citizen could easily have been written in the Burr’s prophesy is virtually at hand. support. I begin with the Constitution Democrats’ new public relations war The PRESIDING OFFICER. The Sen- because that is where we should always room. I am actually surprised that ator from Utah. begin. The Constitution is the supreme such a biased question did not get even Mr. HATCH. I ask unanimous consent law of the land. Along with the Dec- more than 66-percent support. we be extended an extra 15 minutes, as laration of Independence, it is one of A more balanced, neutral, fair poll well. the foundational organic laws of the was released yesterday, asking whether

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4367 Senate procedures should make sure did it. It is even more serious when, as straight face would claim that ending that the full Senate votes up or down we see today, a minority of Senators— debate and confirming nominations is on every judicial nomination of any all partisan Senators—tries to capture somehow precedent for not ending de- President. The results, not surpris- the process. bate and refusing to confirm nomina- ingly, were exactly the opposite of the For 2 years now, we have heard tions. biased poll, with 64 percent of Ameri- claims that these filibusters are noth- On April 15, 2005, the distinguished cans, including 59 percent of moderates ing new, that they have been part and assistant minority leader, Senator and almost half of all liberals, embrac- parcel of how the Senate has long done DURBIN, expanded his previous list, now ing this commonsense, fair, and tradi- its confirmation business. While some offering us 12 examples of what he said tional standard. questions in this debate may be subjec- were judicial nominations requiring at The second aspect of this diagnosis is tive and complex, this is not one of least 60 votes for cloture to end a fili- that the judicial nominees being denied them. The current filibusters target bi- buster. I addressed this in more detail this traditional up-or-down vote are partisan, majority-supported judicial last week. Not one—not one—of those highly qualified men and women, with nominations, and they defeat them by 12 of Senator DURBIN’s supposed prece- majority, bipartisan support. preventing confirmation votes. Either dents is any precedent at all. Last week, I addressed how oppo- that happened before the 108th Con- The first nomination on his list oc- nents of President Bush’s nominees gress or it did not. curred in 1881, 36 years before we even play games with words such as ‘‘ex- Let us look at what our Democratic had a cloture rule in the Senate. In tremist.’’ Just as they want to talk colleagues have claimed. On March 11, fact, if we truly did what he apparently about a judicial appointment process 2003, the distinguished Senator from wants us to do, and treated his listed the Constitution did not establish, Vermont displayed here on the Senate examples as a confirmation guide, we these critics want to talk about every- floor a chart titled: ‘‘Republican Fili- would vigorously debate judicial nomi- thing but what these nominees would busters of Nominees.’’ He said his list nations, invoke cloture if we needed to, do on the bench. We know, from abun- proved that Republicans have ‘‘suc- and then vote on the confirmations. dant testimony by those who know ceeded in blocking many nominees by That is what happened. these nominees best, that no matter cloture votes.’’ Anyone can look it up This game continued as recently as 2 how provocative their speeches off the for him or herself. The whole chart is months ago. On Monday, April 25, on bench or strongly held beliefs in their right there on page S3442 of the CON- CNN’s ‘‘Crossfire’’ program, the leader hearts and minds, these nominees are GRESSIONAL RECORD. of a prominent leftwing group claimed or would be fair, impartial, and even- It turns out only 6 of the 19 names on that more than 30 nominations—here is handed on the bench. the chart were judicial nominations, the list—had been filibustered. I have Yet they are called extremists. All 10 that the Senate actually confirmed 5 of this list right here in my right hand. It of them—there are only 7 remaining— those 6, and the other one did not have is titled: ‘‘Filibusters of Nominations.’’ but all 10 of them had qualified ratings, majority support. And there was a real It lists 13 judicial nominations out of and most well qualified, the highest question whether that was a filibuster the 30, and not one of them is at all rating of the American Bar Associa- raised, not in the least sense by the like the filibusters being conducted tion. By the way, that was considered person who conducted the debate on today—not one. We did not even take a the ‘‘gold standard’’ during the Clinton the Republican side, Senator Robert cloture vote on two of them. We in- years by our friends on the other side. Griffin, who had an impeccably hon- voked cloture on eight of them. We Now this is the real standard. est—and still does—an impeccably hon- confirmed 12 of the 13. And the one we It is hard to believe we are actually est reputation. He said there was never did not, did not have majority support, arguing about whether we should vote a desire to filibuster Justice Fortas. He the Fortas nomination, but had bipar- on judicial nominations and whether said they wanted 2 more days of debate tisan opposition. highly qualified nominees, with major- to make their case. But, he said, they Accepting such fraudulent arguments ity support—bipartisan, majority sup- had enough votes to defeat him up and requires believing that ending debate port—should be confirmed. Yet the down. Now, he was here on the Senate on judicial nominations is the same as third part of this diagnosis is that Sen- floor. He knew it. He led the fight. And not ending debate, that confirming ju- ate Democrats are trying to change our the votes were bipartisan, almost dicial nominations is the same as not tradition of giving judicial nomina- equal. It turns out, again, that only 6 confirming them, and that judicial tions reaching the Senate floor an up- of the 19 names on the chart were judi- nominations without majority support or-down vote. Senators, of course, are cial nominations, that the Senate actu- are the same as those with majority free to vote against them for any rea- ally confirmed 5 of them, and the only support. As you can see, the liberal son. We must, of course, have a full and one they did not was Justice Fortas, propaganda machine has been working vigorous debate about these nominees because Lyndon Johnson pulled him, overtime. and their qualifications. not wanting to be embarrassed. In addition to these bizarre claims I The critics, however, do not want to Far from justifying today’s filibus- described, they worked to turn what have that debate. Democrats in this ters, the chart of the distinguished was once common sense and accepted body and the leftwing interest groups Senator from Vermont proved no fairness into something that sounds that, to a certain extent, seem to con- precedent exists at all. sinister and unseemly. They manufac- trol them, want only to seize what they On November 12, 2003, the Senator ture nasty phrases such as ‘‘court cannot win through the fair, tradi- from Vermont tried again, this time packing’’ and ominous warnings about tional system. Beginning in the 108th with a list of what he claimed were ‘‘one-party rule.’’ Now, we are told, Congress, for the first time in Amer- Clinton appeals court nominees sup- preventing up-or-down votes on even ican history, they are now using the posedly blocked by Republicans. Once majority-supported judicial nomina- filibuster not to debate but to defeat again, the list included nominations tions is the only way to prevent our en- majority-supported judicial nomina- the Senate confirmed—every one of tire constitutional order from implod- tions. them. How can a confirmed nomination ing. The sky is falling, and we are all They are trying to rig the confirma- be called a blocked nomination? It can- about to slide into the abyss. tion process, to pry us away from our not. Not a single nomination on Sen- The purveyors of this fantasy would tradition that respected the separation ator LEAHY’s list is similar to the have us look to President Franklin of powers, and force us into a brave, nominations being filibustered today. Delano Roosevelt who, they tell us, new world which turns the judicial ap- That same day, November 12, 2003, wanted to pack the Supreme Court. pointment process inside out. They the distinguished Senator from Illinois, The Senate rejected his legislative pro- want to turn our check on the Presi- Mr. DURBIN, named 5 judicial nomina- posal to expand the Court so he could dent’s appointment power into a force tions which he said had been filibus- appoint more Justices. By taking this that hijacks that power altogether. tered. Once again, not one of them is a stand, the storytellers say, the Senate That would be serious and constitu- precedent for filibusters happening kept one-party rule from packing the tionally suspect if a Senate majority today. You would think no one with a Court.

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4368 CONGRESSIONAL RECORD — SENATE April 27, 2005 Well, as Paul Harvey might say: Here threatened with a party policy of open [From the New York Times, Apr. 27, 2005] is the rest of the story. obstruction, a nuclear option of shut- UP, DOWN OR OUT The Senate, even though dominated ting down the Senate, at least to any- (By Senator Bob Dole) by President Roosevelt’s own party, thing but what they agree to. I said a In the coming weeks, we may witness a did not support this legislative plan. few minutes ago that the Constitu- vote in the United States Senate that will And it turns out President Roosevelt tion’s separation of powers assigns leg- define the 109th Congress for the ages. This did not need any legislative innova- islative business to Congress and exec- vote will not be about war and peace, the tions to pack the Supreme Court. He utive business, including appoint- economy or the threat from terrorism. It packed it all right, doing it the old- ments, to the President. Some Sen- will focus instead on procedure: whether the Senate should amend its own rules to ensure fashioned way, by appointing eight out ators on the other side of the aisle are that nominees to the federal bench can be of nine Justices in 6 years. Mind you, saying if they cannot hijack what is confirmed by a simple majority vote. during the 75th to the 77th Congress, not theirs, they will destroy what is I have publicly urged caution in this mat- Democrats outnumbered Republicans theirs. If they cannot abandon Senate ter. Amending the Senate rules over the ob- by an average of 70 to 20. Now, that is tradition and use the filibuster to de- jection of a substantial minority should be one-party rule. feat majority-supported judicial nomi- the option of last resort. I still hold out hope In those years, from 1937 to 1943, our nations, they will undercut and disable that the two Senate leaders will find a way cloture rule applied only to bills. This to ensure that senators have the opportunity the legislative process. And they call to fulfill their constitutional duty to offer meant that ending debate on other us radical. ‘‘advice and consent’’ on the president’s judi- things, such as nominations, required The Constitution gives the power of cial nominees while protecting minority unanimous consent. A single Senator nomination and appointment to the rights. Time has not yet run out. in that tiny, beleaguered minority President. The Senate provides a check But let’s be honest: By creating a new could conduct a filibuster of President on that power. I believe we must pre- threshold for the confirmation of judicial nominees, the Democratic minority has Roosevelt’s nominations and thwart serve the system of separated powers the real court packing that was in full abandoned the tradition of mutual self-re- and checks and balances and resist straint that has long allowed the Senate to swing. those who would radically alter that Now, if the filibuster were the only function as an institution. system, turning the Senate’s check on This tradition has a bipartisan pedigree. thing preventing one-party rule from the President’s power into a force that When I was the Senate Republican leader, packing the courts, and the filibuster can overwhelm the President’s power. President Bill Clinton nominated two judges were so easily used, surely there must to the federal bench—H. Lee Sarokin and be in history filibusters of President Every judicial nomination reaching Rosemary Barkett—whose records, espe- Roosevelt’s Supreme Court nomina- the Senate floor deserves an up-or- cially in criminal law, were particularly tions. If the warnings, frantic pleas, down vote. I argued that during the troubling to me and my Republican col- and hysterical fundraising appeals we Clinton years, and I prevailed as chair- leagues. Despite my misgivings, both re- man of the Judiciary Committee. That ceived an up-or-down vote on the Senate hear today make any sense at all, the floor and were confirmed. In fact, joined by filibuster would certainly have been principle has constitutional roots, historical precedent, and citizen support. 32 other Republicans, I voted to end debate used in FDR’s time. on the nomination of Judge Sarokin. Then, I hate to burst anyone’s bubble, but President Bush has sent two highly in the very next roll call, I exercised my con- there were no filibusters, not even by a qualified nominees that we know have stitutional duty to offer ‘‘advice and con- single Senator, not against a single bipartisan majority support. They de- sent’’ by voting against his nomination. nominee. In fact, FDR’s 8 Supreme serve to be treated decently and, after When I was a leader in the Senate, a judi- Court nominees were confirmed in an a full and vigorous debate, given an up- cial filibuster was not part of my procedural or-down vote. playbook. Asking a senator to filibuster a ju- average of 13 days, and 6 of the 8 were dicial nomination was considered an abroga- confirmed without even a rollcall vote. Our colleagues on the other side are tion of some 200 years of Senate tradition. So if this is to protect the minority, trying to change our tradition. For the To be fair, the Democrats have previously why has it not ever happened before first time in more than two centuries, refrained from resorting to the filibuster President Bush became President? they want to use filibusters to block even when confronted with controversial ju- Even when we look at the very exam- confirmation votes on judicial nomina- dicial nominees like Robert Bork and Clar- ples and stories the other side uses, we tions here on the Senate floor. This ence Thomas. Although these men were see no support for using the filibuster radical innovation is not needed to pre- treated poorly, they were at least given the against majority-supported judicial vent one-party rule from packing the courtesy of an up-or-down vote on the Sen- ate floor. At the time, filibustering their nominations. courts. Republicans resisted using the nominations was not considered a legitimate Last week, here on the Senate floor, filibuster under Roosevelt and Demo- option by my Democratic colleagues—if it the distinguished Senator from Illinois crats should resist using it today. had been, Justice Thomas might not be on repeated a selective version of this Finally, all Americans should be the Supreme Court today, since his nomina- FDR story and asked what would hap- most concerned with the threat of tion was approved with only 52 votes, eight pen today in a Senate dominated by some of our colleagues on the other short of the 60 votes needed to close debate. the President’s party. He asked: That’s why the current obstruction effort side. Because they are unable to seize of the Democratic leadership is so extraor- Will they rise in the tradition of Franklin control of a judicial appointment proc- dinary. President Bush has the lowest appel- Roosevelt’s Senate? ess that does not belong to the Senate, late-court confirmation rate of any modern Well, I hope we do. I hope the Senate Democrats say they will shut down the president. Each of the 10 filibuster victims does exactly what Franklin Roosevelt’s legislative process that does belong to has been rated ‘‘qualified’’ or ‘‘well quali- Senate did, by debating and voting on the Senate. This cannot stand. With all fied’’ by the American Bar Association. Each the President’s judicial nominations. due respect, they need to get both their has the support of a majority in the Senate. And each would now be serving on the fed- Franklin Roosevelt’s Senate did not principles and their priorities in order. use the filibuster, even when the mi- eral bench if his or her nomination were sub- Our former majority leader Bob Dole ject to the traditional majority-vote stand- nority was much smaller and the fili- has a thoughtful column in today’s ard. buster much easier to use, and this New York Times also addressing Sen- This 60-vote standard for judicial nominees Senate should not do so, either. ate tradition and the prospect of re- has the effect of arrogating power from the Finally, the fourth piece to this diag- turning to that tradition. No one loves president to the Senate. Future presidents nosis of our current situation is that must now ask themselves whether their judi- this institution more than Senator Senate Democrats have threatened to cial nominees can secure the supermajority Dole, and I think I am in that cat- shut down the Senate if the majority needed to break a potential filibuster. Polit- egory, too. moves us back to the tradition—the ical considerations will now become even 214-year tradition—of debating and vot- I ask unanimous consent that his col- more central to the judicial selection proc- umn be printed in the RECORD. ess. Is this what the framers intended? ing on judicial nominations. If the majority leader, Bill Frist, is unable To avoid what most Americans be- There being no objection, the mate- to persuade the Democratic leadership to end lieve Senators come to Washington to rial was ordered to be printed in the its obstruction, he may move to change the do—debate and vote—we are now RECORD, as follows: Senate rules through majority vote. By

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4369 doing so, he will be acting in accordance years, the majority of the majority it simply baffling that a Senator would with Article I of the Constitution (which opinions. She got reelected by 84 per- vote against even voting on a judicial gives Congress the power to set its own cent of the California voters, more nomination. I completely agree and rules) and consistently with the tradition of votes than any other person running note that every single one of President altering these rules by establishing new Clinton’s judicial nominees who precedents. Senator Frist was right this past for the Supreme Court that year, in- weekend when he observed there is nothing cluding her colleagues. Yet she is reached the Senate floor received an ‘‘radical’’ about a procedural technique that called an extremist because she is a up-or-down vote. And contrary to what gives senators the opportunity to vote on a conservative African American. my friends across the aisle are so fond nominee. It is very dangerous stuff to say this of saying, this includes the Paez and Although the Democrats don’t like to will create nuclear war because we Berzon nominations to the Ninth Cir- admit it, in the past they have voted to end want to continue 214 years of Senate cuit. delaying tactics previously allowed under tradition. That is dangerous stuff. It is By imposing a supermajority require- Senate rules or precedents. In fact, one of to- ment for judicial nominees, the Demo- day’s leading opponents of changing the Sen- the wrong stuff. We ought to give these people a simple, straightforward up-or- crats are disrupting the careful balance ate’s rules, Senator Robert Byrd, was once a struck in the Constitution itself be- proponent of doing so, and on several occa- down vote. sions altered Senate rules through I notice the distinguished Senator tween Congress and the executive majoritarian means. I have great respect for from North Carolina is waiting. I yield branch and allowing political consider- Senator Byrd, but Senate Republicans are the floor. ations to play an even larger role in simply exploring the procedural road map The PRESIDING OFFICER (Ms. MUR- the confirmation process. They should that he himself helped create. KOWSKI). The Senator from North Caro- heed the words of prominent Demo- In the coming days, I hope changing the lina. cratic legal advisor Professor Michael Senate’s rules won’t be necessary, but Sen- Mr. DURBIN. Madam President, if Gerhardt who, in another context, has ator Frist will be fully justified in doing so written that a supermajority require- if he believes he has exhausted every effort the Senator will yield briefly for a unanimous consent request, I ask ment for confirming judges would be at compromise. Of course, there is an easier ‘‘problematic because it creates a pre- solution to the impasse: Democrats can stop unanimous consent that when the Sen- playing their obstruction game and let Presi- ator from North Carolina has com- sumption against confirmation, shifts dent Bush’s judicial nominees receive what pleted her remarks, I be recognized. the balance of power to the Senate, and they are entitled to: an up-or-down vote on The PRESIDING OFFICER. Without enhances the power of special inter- the floor of the world’s greatest deliberative objection, it is so ordered. ests.’’ body. The Senator from North Carolina. For the last several weeks, instead of Mr. HATCH. As our current majority Mrs. DOLE. Madam President, today engaging in the hard work of com- leader Bill Frist put it a few days ago: I want to express my strong concern promise, some of my colleagues on the I never thought it was a radical thing over the judicial nominations process. other side of the aisle have chosen to to ask Senators to vote. That is what It is clear this process has completely travel down the political road. We have we have traditionally done on judicial broken down. Unfortunately, the rhet- seen pro-filibuster press conferences, nominations that reach the floor, and oric surrounding this important issue other political events, and even an ob- that traditional standard should apply has become increasingly bitter over the struction rally with the extreme liberal group MoveOn.Org. Liberal special across the board no matter which party past several weeks. Sharp words have interest groups are now spending mil- controls the White House and no mat- been exchanged. The intentions of my lions of dollars across the country on ter which party controls the Senate. fellow Republicans have been unfairly television ads in support of judicial We should bind both parties, Repub- characterized and my colleagues on the filibusters. One cannot help but reach licans and Democrats, to do what is other side of the aisle have even gone the conclusion that these organiza- right. so far as to threaten to shut down the tions, having failed to defeat President That is the diagnosis, and I hope we Government if the Senate were to exer- Bush at the ballot box in November, see an effective cure soon so we can get cise its constitutional right to set its are now trying to advance their own back to doing the people’s business. own procedural rules. That is nuclear. liberal agenda through the only avenue I started off by saying one of the It is time to put aside the rhetoric problems here is that every one of left open to them—the Federal courts. for a moment and look at the facts. It The judicial filibuster is their way of these Presidential nominees who is a fact that my Democratic col- establishing a liberal litmus test. If reaches the floor should have an up-or- leagues have taken the unprecedented you are not a liberal activist, you can- down vote, especially since they are step of blocking not 1, not 2, but 10 not serve on a Federal circuit court of listed as qualified by the American Bar nominees of President Bush to the Fed- appeals, or at least that is what the Association, most of them well quali- eral circuit courts of appeal. As a re- new standard appears to be. fied, the highest rating you can have. sult, President Bush has the lowest ap- Until now every judicial nominee They all have majority bipartisan sup- peals court confirmation rate for any with support from a majority of Sen- port. We should not change 214 years of first-term President since Franklin ators was confirmed. The majority vote Senate tradition because some in this Roosevelt. It is a fact that each of standard was used consistently body don’t like President Bush’s nomi- these filibustered nominees has the throughout the 18th, 19th, and the 20th nees. support of a majority of Senators and century for every President’s nomi- People such as Priscilla Owen—she each has received a rating of qualified nees, Democrat or Republican, even broke through the glass ceiling for or well qualified by the American Bar Whig, until George W. Bush’s judicial women in this country and became a Association. It is a fact that today for nominations were subjected to a 60- major partner in a major law firm. Her the first time in our Nation’s history, a vote standard. last election to the Texas Supreme President’s nominees to the Federal Let me emphasize one additional Court was over 75 percent. She had bench are being required to receive a point. My friends across the aisle are every editorial board in the State of 60-vote supermajority rather than the well aware that no Republican—not Texas supporting her; 15 former State traditional majority, the up-or-down one—is seeking to eliminate the ability bar presidents supported her, most of vote, that has been the standard for 214 of Senators to filibuster on legislative whom were Democrats. Yet they have years. That is nuclear. matters. We all recognize that the leg- called her an extremist. It is a fact that the ongoing filibuster islative filibuster has served an impor- Janice Rogers Brown, a share- of the President’s nominees has pre- tant function in our system of checks cropper’s daughter, came up the hard vented the Senate from fulfilling its and balances. It is ironic, though, that way, put herself through college and constitutional duty to provide advice nine of my Senate colleagues who are law school as a single mother, worked and consent to the appointment of men now working so hard to block Presi- in California State government in a va- and women chosen to sit on our Na- dent Bush’s judicial nominees once ad- riety of positions, wound up on the tion’s highest courts. vocated the elimination of the legisla- California Supreme Court where she The former minority leader from tive filibuster. So who is playing poli- wrote, at least in the last number of South Dakota once lamented he found tics?

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4370 CONGRESSIONAL RECORD — SENATE April 27, 2005 I commend Majority Leader FRIST for have an amendment to the bill, but if I body can hold out, I can do that, until his patience in trying to bring both did, I would offer it because I think such point as 60 colleagues, Democrats sides together to develop a reasonable those who have them should bring and Republicans, come together and compromise on this difficult issue. Cer- them to the floor so we can move and say: Enough, we want to move to a tainly no other majority leader has get it done before we take a recess next vote. That is what it is all about. been faced with such unprecedented week. I urge my colleagues on the So what has happened is the Repub- tactics in blocking the Senate’s ability Democratic side to follow the admoni- licans now control the House, Senate, to fulfill its constitutional duty to pro- tion of the chairman. and the White House. What they have vide advice and consent. I know Sen- What brings me to the floor was a said is they want to change the rules. ator FRIST will continue to do what he statement made earlier by the Senator They want to change the rules in the feels is right for this body and for our from Utah which made reference to me. middle of the game because they don’t country. Senator ORRIN HATCH and I are friends. like the fact that Democratic Senators If he decides he is confronted with no We disagree on a lot of things. have used the filibuster to stop 10 judi- other choice but to proceed with the We vote differently on a lot of issues cial nominees President Bush has sent constitutional option, I will fully sup- and we debate furiously, but we get to Congress, sent to the Senate. port him. This approach is consistent along fine. I think that is what life Now, for the record, the President with Senate precedent and has been should be like and what the legislative sent 215 nominees; 205 were approved employed in the past by some of the process should be like. He made a ref- and only 10 were not. Over 95 percent of best parliamentary minds in this erence earlier to this whole question of the President’s judicial nominees have Chamber. the nuclear option, to which I would gone through. We have the lowest va- Our goal is to restore the practice, like to return for a few moments. cancy rate on the Federal bench in the tradition of 214 years, a simple ma- First, what is the nuclear option? modern memory. So we don’t have out- jority vote for a President’s nominees People who don’t follow the Senate on rageous vacancies that need to be filled to the Federal bench. a regular basis have to wonder are they quickly. We decided—those of us who I yield the floor. using nuclear weapons on the floor of voted for the filibusters—that these 10 the Senate? What could it be? ‘‘Nuclear nominees went way too far; their polit- f Option’’ was a phrase created by Re- ical views were inconsistent with the CONCLUSION OF MORNING publican Senator TRENT LOTT to de- mainstream of America. They were not BUSINESS scribe a procedure that might be used consistent with the feelings and values The PRESIDING OFFICER. Morning to change the rules of the Senate. The of families across the country on issues business is now closed. reason Senator LOTT called it the nu- as diverse as the role of the Federal clear option was because it is dev- Government in protecting health and f astating in its impact to the tradition safety, which is an issue nominee Jan- TRANSPORTATION EQUITY ACT: A and rules of the Senate. ice Rogers Brown takes a position on LEGACY FOR USERS I will put it into context. The Senate that is hard to believe. She has taken was created to give the minority in the a position on a case—a famous case The PRESIDING OFFICER. Under Senate, as well as in the United States, the previous order, the Senate will recalled the Lockner case—which would a voice. There are two Senators from basically take away the power of the sume consideration of H.R. 3, which the every State, large and small. Two Sen- clerk will report. Federal Government to regulate areas ators from the smallest State have the of health and safety when it comes to The assistant legislative clerk read same vote on the floor of the Senate as as follows: consumers and the environment. It is a Senators from larger States, such as radical position. A bill (H.R. 3) to authorize funds for Fed- California, New York, Illinois, and And then another nominee, William eral aid highways, highway safety programs, Texas. That is the nature of the Sen- and transit programs, and for other purposes. Myers—my concern about him and the ate. The rules of the Senate back that concern of many Senators is the fact Pending: up. The rules of the Senate from the that he has taken a radical position Inhofe amendment No. 567, to provide a beginning said if any Senator stood up when it comes to our Nation’s treasury complete substitute. and objected, started a filibuster, the and heritage, our natural and public The PRESIDING OFFICER. The Sen- Senate would come to a stop. You lands. He has taken a position where he ator from Oklahoma. think to yourself, how can you run a backs certain lobby groups, but there Mr. INHOFE. Madam President, this Senate if any Senator can stop the is one that we think is inconsistent is the third day we have been on a bill train? Well, it forces you, if you are with mainstream thinking in America. we have been working on for 21⁄2 years. going to move something forward in So there is an objection. It is the same bill essentially that was the Senate, to reach across the aisle to Other nominees have taken what we passed last year by a margin of 76 to 21. your colleagues, to compromise, to find consider to be far-out positions that We are anxious to get people to come bipartisanship, so that things move don’t reflect the mainstream of Amer- down to the floor for amendments. I through in a regular way and in a bi- ica and we have objected, which is our don’t know of anyone coming down at partisan way. That is the nature of the right. Now the President says: Enough, this time. But I encourage all Members filibuster. I am tired of losing any nominee to the on both sides of the aisle to come down Over the years, it has changed. You Senate. Don’t we have 55 Republicans? and utilize this time so we can get the saw the movie ‘‘Mr. Smith Goes to Should we not get what we want? amendments behind us. Washington,’’ when Jimmy Stewart He is not the first President who has I understand the Senator from Illi- stood at his desk, with his idealism and felt that way. Thomas Jefferson felt nois has some comments he wishes to his youth, arguing for his cause until that way. Thomas Jefferson, in the be- make. I yield to him some of our time he collapsed on the floor. He was exer- ginning of his second term, came to the at this time. cising a filibuster because he believed Senate and said: I am sick and tired of The PRESIDING OFFICER. The Sen- in it so intensely. We have said over the judges who have been appointed to ator from Illinois. the years that you can do that to any the Supreme Court. I want to start im- Mr. DURBIN. Madam President, I nominee, bill, or law on the floor of the peaching them. thank the chairman of the committee. Senate; but if a large number of Sen- You know what Jefferson’s party Let me say I share his sense of urgency ators, an extraordinary number of Sen- said? No, Mr. President, you are wrong. about the underlying bill. This is a bi- ators, say it is time for the filibuster The Constitution is more important partisan bill, a bill Democrats and Re- to end, it would end. The vote today is than your Presidential power. They publicans want to see passed, a bill to 60 votes. So if I am perplexed by an said no to Thomas Jefferson. finance the building of roads and amendment offered by one of my col- Franklin Roosevelt did the same bridges and airports, to finance mass leagues, and I stand up to debate it and thing at the beginning of his second transit in what is critical infrastruc- decide I am going to hold the floor of term. He was unhappy that his New ture for America’s economy. I do not the Senate as long as my voice and Deal legislation was being rejected. He

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4371 came to the Senate and said: Let’s President CHENEY is going to rule—he a bipartisan basis. They say: Senator, change this and make sure we can put already said he would—and that is can’t Democrats and Republicans work more Justices on the Supreme Court that. That is the end of the story. together to do something about health and get the votes we want. So they are breaking the rules of the insurance? You don’t even talk about His Democratic Party in the Senate Senate to change the rules of the Sen- it on the Senate floor. I think we can. said: No, Mr. President, we love you ate, to eliminate a tradition and rule I know that business interests, as well and we are glad you were elected, and that has been around for 200 years. as labor interests, want us to bring up we support your New Deal, but you They are changing the rules in the this issue and resolve it. We should do have gone too far. Presidential power is middle of the game. The net result of it on a bipartisan basis. They say: Sen- not more important than the Constitu- that is this: The Senate will lose power ator, can’t you sit down and find a Re- tion. They said no to him. when it comes to checks and balances. publican who wants to put more money So now comes President Bush and The President will have more power. It into our schools for No Child Left Be- Vice President CHENEY, and they have will mean that the President—this hind, so that we can have better said: We don’t like the fact that we President, unlike President Jefferson schools, better teachers, better stu- only have 95 percent of our nominees and President Roosevelt—will trump dents? approved; we want them all. We want the Constitution and will basically say: Of course, we should move toward bi- to change the rules of the Senate—in I am going to take more power away partisanship. But the nuclear option, fact, we will break those rules to from the Senate. And his party will go sadly, is going to divide us, split us. change them so that President Bush along with that, even though President Make no mistake, if the nuclear option can get every single nominee. Unfortu- Jefferson and President Roosevelt had goes forward, this will be a different nately, very few on that side of the members of their own party stand up Senate and not very good in the proc- aisle from the President’s party are and say: Mr. President, you have gone ess, I am afraid. A lot will happen that willing to stand up and say to this too far. will be bad for us. Some have said on President, as Senators have said to The net result—the one that troubles the floor, well, certainly at that point President Jefferson and President Roo- me the most—is that we are talking the Democrats are going to shut down sevelt: You are going too far. What you about lifetime appointments to the the Senate and the Government. Trust are doing here, sadly, is going to abuse Federal bench. If you take people who me, that is not going to happen. We the Constitution to build the power of are so far out of the mainstream and saw that tactic once. Remember the the White House. stick them on a Federal bench for life, name Newt Gingrich and the Contract The Senator from Utah, Mr. HATCH, let me tell you, we don’t have a clue with America? He was so emboldened by Rush Limbaugh, he said if we shut came in earlier and made a statement. what that is going to mean. But it is down the Federal Government, nobody He said every nominee should have an certainly worrisome that they could will notice. We noticed in a hurry and up-or-down vote. On its face, that rule and change laws that we value as it hurt the Republican Party when sounds reasonable. We understand the Americans—laws that, frankly, cross they did it. We are not going to make rules of the Senate allow the filibuster both political borders and Democrats that mistake. We believe that impor- and an extraordinary majority for and Republicans have supported. When tant functions of this Government nominees. What Senator HATCH failed you put somebody on the bench with must move forward. The defense of to mention was that when he was that much power for a lifetime, then America, the support of our troops, the chairman of the Judiciary Committee you have to worry about them. passage of critical appropriations bills, during the Clinton administration— So we have tried to come to some the passage of a highway bill—those those 8 years—over 60 Presidential conclusion. Senator REID of Nevada, issues are moving forward. But the or- nominees for the bench who were sent our Democratic leader, came to the dinary day-to-day business of the Sen- up by President Clinton to his com- floor to describe in general terms what ate, otherwise, is going to be changed a mittee were buried in committee with- he has been doing. For weeks, he has out so much as a hearing. They didn’t lot. been negotiating with Senator FRIST If the Republicans are prepared to even have a chance to stand up and de- and speaking to other Republican Sen- break the rules to change the rules, fend themselves, explain their point of ators about avoiding this constitu- sadly the Senate Democrats will have view. Senator HATCH said, no. Over 60 tional confrontation, avoiding a con- to say we must play by the rest of the Presidential nominees for President stitutional crisis, avoiding this effort rules. That means more time on the Clinton were stopped by Senator HATCH to change the rules in the middle of the floor, more debate, Senators spending on the Judiciary Committee. I know; I game. He has made an offer—a good- more time at their desks, more time in served on the committee. I watched it faith offer—to bring some of these session, more time in Washington. You happen. I heard Senator HATCH say judges forward, to talk about rule hear the complaint that 5,000-page bills every nominee should have an up-or- changes that are in the best interests come before us that nobody reads. We down vote. He is suffering from polit- of this institution; and, frankly, Sen- will read them. Important amendments ical amnesia. He has forgotten when he ator FRIST said yesterday: No, we are will be read. Debate will take place, was in charge, 60 nominees never even not talking about it anymore. It is and instead of the Chamber almost al- had a hearing, let alone an up-or-down over. ways being empty, it may be almost al- vote. That is unfortunate. ways full. Things will change. So we come to this point, a point It is important that we continue a di- I think there is a better way. Senator where I think the issues are very clear. alog. The good thing about the fili- REID has suggested a better way—that The Republicans are prepared, with the buster is that it brings us together in cooler heads prevail, that those truly help of Vice President CHENEY—who order to move a nominee or a bill. Re- interested in not only the institution announced over the weekend he sup- publicans have to reach across the aisle of the Senate but the value of the Con- ports them—to break the rules of the to Democrats and Democrats have to stitution come forward. We can protect Senate, which are in a book that is sel- reach across to Republicans. That is the filibuster. We can make certain dom drawn out of our desks. The rules the way it should be in this Chamber. that we do it in a sensible way. But we of the Senate say it takes 67 votes to It should not be a line down the middle can only do it if we are in a dialog. change the rules of the Senate. That is and a wall that cannot be breached. Senator FRIST’s comments yesterday a big number, 67 out of 100. The Repub- That is exactly what we face if the Re- are worrisome. At this point, I ask licans know they don’t have 67 votes to publicans go forward with the nuclear unanimous consent to have printed in change the filibuster rule, so they have option. the RECORD an article from the Chicago decided to do it differently. They are When I return to Illinois, they say: Tribune. It is an editorial of April 25, going to wait until Vice President CHE- Senator, can we come together to pass which supports the Democrats and op- NEY is in the chair, and they are going this highway bill Senator INHOFE is poses the nuclear option. to make a point of order that we bringing to the floor? We will and it There being no objection, the mate- should just have a simple majority will be a good, bipartisan bill. We have rial was ordered to be printed in the vote on judicial nominees. And Vice been waiting, but let’s pass this bill on RECORD, as follows:

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4372 CONGRESSIONAL RECORD — SENATE April 27, 2005 [From Chicago Tribune, Apr. 25, 2005] Mr. INHOFE. Madam President, I am Senate floor: ‘‘Vote them up or down! That is DEMOCRACY AND THE FILIBUSTER anxious to yield the floor to the distin- what the Constitution speaks of in our ad- The most surprising thing about the Sen- guished Senator from Indiana, who has vise-and-consent capacity.’’ An up-or-down ate battle over the filibuster is that a dusty vote, he said then, was a ‘‘constitutional re- an amendment to bring up at this time. sponsibility.’’ 200-year-old procedure could generate such But before doing that, I have sat and The year before, none other than Sen. Ted fresh controversy. Republicans say Demo- listened very carefully while Senator Kennedy of Massachusetts solemnly intoned: crats have abused it so badly to block judi- HATCH was talking about the constitu- ‘‘We owe it to Americans to give these (judicial nominees that it should be removed cial) nominees a vote. If our Republican col- from their arsenal. Democrats say it is an in- tional option and the response from the Senator from Illinois. Sometimes you leagues don’t like them, vote against them, dispensable tool to prevent the president but give them a vote.’’ from turning the federal courts over to ex- have to leave the individuals and hear In 1995, Sen. Tom Harkin of Iowa proposed tremist judges. what is being said outside this Cham- a plan to end filibusters identical to one now But the debate is really just the latest ar- ber. proposed by Frist. The Harkin plan was sup- gument about the central issue of our sys- I have a couple editorials I am going ported by 19 Democrats, including Sens. Ken- tem of government: how much power the ma- to read at this time. The first is from nedy, Barbara Boxer of California, Joseph jority should have. yesterday’s Investors Business Daily. Lieberman of Connecticut, Russell Feingold There is no question that Democrats have Granted, that is generally a fairly con- of Wisconsin and John Kerry of Massachu- misused the leverage afforded by the fili- setts. buster. This device is supposed to ensure servative publication, and the next edi- Harkin proposed to establish a declining that the Senate gets a full hearing on any torial I will read certainly is not one vote requirement for cloture so that by the controversy before it votes. Facing a Repub- that would be identified as even mod- fourth cloture vote, a simple majority of the lican president and a Republican majority of erate or conservative. Senate would suffice to end debate and allow 55 senators, however, Democrats have de- Investors Business Daily says: a floor vote on the matter at hand. ployed the threat of a filibuster not to delay Rules of order: The Democrats would have In the Constitution, when the Framers in- votes but to prevent them. us believe filibustering is a time-honored tended more than simple majorities, they ex- Contrary to Republican claims, though, constitutional and Senate tradition. It’s not. plicitly said so. For example, they require a this tactic is not unprecedented, and it And it wasn’t that long ago that they felt two-thirds majority to convict in an im- wasn’t invented by the Democrats. Repub- quite differently. peachment trial, expel a member, override a licans tried to filibuster several judges A showdown now looms after Republicans presidential veto, approve a treaty or pro- named by President Clinton, even though on the Senate Judiciary Committee used pose a constitutional amendment. Senate Democrats once opposed the fili- they controlled the Senate at the time. their 10–8 majority to move the nominations Democrats were right to complain then, as bustering of judicial nominees; they now of Janice Rogers Brown and Priscilla Owen Sen. Patrick Leahy did in 1999: ‘‘If we don’t support and rail against a ‘‘nuclear option’’ for federal appeals court seats to the full like somebody the president nominates, vote they once proposed themselves. Republicans Senate. should expose this hypocrisy, stop worrying him or her down. But don’t hold them in this Democrats threaten to filibuster these and learn to love the bomb. anonymous unconscionable limbo, because in picks, Majority Leader Bill Frist threatens doing that, the minority of senators really to employ the unfortunately named ‘‘nuclear I will not read the whole editorial shame all senators.’’ Republicans are equally option’’ restoring the quaint notion that 51 from the L.A. Times, from yesterday. I justified in objecting now. votes constitutes a majority, and Vice Presi- will read the first two paragraphs, in But changing Senate rules to bar the use of dent Dick Cheney says he’s willing to be the filibusters against judicial nominees, as Re- deference to my good friend from Indi- tie-breaking vote to ban filibusters of judi- publican leader Bill Frist of Tennessee has ana. cial nominees. They said: threatened to do, would be shortsighted and Democrats are trying to portray GOP ef- These are confusing days in Washington. ultimately unhealthy. The filibuster, what- forts to restore majority rule to the Senate ever its potential for misuse, is a vital safe- Born-again conservative Christians who as it relates to judicial nominations as an as- strongly want to see President Bush’s judi- guard against majority excesses. As such, it sault on the traditions of the Senate and the buttresses a constitutional framework inge- cial nominees voted on are leading the Constitution itself. As if the filibuster were charge against the Senate filibuster, and lib- niously designed to keep the many from run- James Madison’s dying wish. ning roughshod over the few. eral Democrats are born-again believers in As a practical matter, the filibuster didn’t that reactionary, obstructionist legislative Although Americans have great faith in even exist until the 1830s, when it was used democracy, a Martian political scientist ar- tactic. Practically every big-name liberal to block legislation and not judicial picks. It senator you can think of derided the fili- riving here with no knowledge of our federal was used by Democrats to defend slavery and framework might think its purpose was not buster a decade ago but now sees the error of oppose the Civil Rights Act—hardly noble his or her ways and will go to amusing to empower the majority but to frustrate it. purposes. The Constitution contains a variety of mech- lengths to try to convince you that the In 1841, the filibuster was used by Sen. change of heart is explained by something anisms designed to make sure that public John Calhoun to defend slaveholding inter- sentiment doesn’t automatically get trans- deeper than the mere difference between ests. In 1957, then-Democratic Sen. Strom being in the majority and being in the mi- lated into policy. Thurmond held the floor for 24 hours The Bill of Rights, for instance, places cer- nority. straight to block civil rights legislation. And At the risk of seeming dull or tain subjects off-limits. The separation of in 1964, 18 Democrats and one Republican powers, dividing authority among three dif- unfashionable for not getting our own intel- blocked the Civil Rights Act for 21⁄2 months. lectual makeover, we still think judicial ferent branches of government, serves as an- In 1916, Senator Robert La Follette, a Re- other check on the will of the people. A candidates nominated by a president deserve publican, used it to block legislation to let an up-or-down vote in the Senate. We hardly president can overrule the 535-member Con- merchant ships arm themselves against Ger- gress and sustain a veto with as few as 34 see eye to eye with the far right on social man U-boats. This prompted the Senate in issues, and we oppose some of these judicial senators. The Senate itself, of course, is at 1917, at the behest of President Wilson, a odds with pure democracy, because it allo- nominees, but we urge Republican leaders to Democrat, to adopt the first cloture rule, press ahead with their threat to nuke the fil- cates equal representation to each state, re- rule XXII, requiring a two-thirds to end de- gardless of population. ibuster. The so-called nuclear option entails bate. a finding by a straight majority that filibus- The filibuster is merely a Senate rule, not This was amended 60 years later by none a constitutional provision. But the reason it ters are inappropriate in judicial confirma- other than Robert Byrd, D–W.Va., the Sen- tion battles. has survived for so long is that it fits well ate’s constitutional guardian and conscience, into the overall structure of our government. who reduced it to a three-fifths requirement. I ask unanimous consent that this Devices that obstruct the will of the ma- In sum: For the first 200 years of our repub- entire editorial be printed in the jority can be an awful nuisance. But in the lic, Senate ‘‘tradition’’ never required 60 RECORD at the conclusion of my re- long run, the protections they offer against votes to approve judges. Filibusters are nei- marks. democratic excesses are worth the price. ther an idea of the Founding Fathers nor a The PRESIDING OFFICER. Without Mr. DURBIN. Madam President, the historical tradition of the Senate. Cloture objection, it is so ordered. Chicago Tribune, I can tell, is no lib- rules are a 20th century phenomenon, with (See exhibit 1.) eral newspaper. They have a newspaper the current rule less than 30 years old. Sys- Mr. INHOFE. Madam President, I that takes conservative positions regu- tematic filibustering of a president’s appel- will say this: It is unprecedented, that larly, and they have decided that the late-court nominees is totally unprece- for 200 years there has never been a cir- dented. nuclear option is the wrong way to go. Democrats didn’t always love the fili- cuit court nominee by any President I yield the floor. buster. In September 1999, in a debate over who had the majority support in the The PRESIDING OFFICER. The Sen- Clinton appellate-court nominees, Sen. Pat- Senate to be filibustered. It never has ator from Oklahoma. rick Leahy of Vermont thundered on the happened until now.

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4373 EXHIBIT 1 Mr. INHOFE. Madam President, I in- tions to come. It is a struggle from [From the LA Times, April 26, 2005] quire of the Senator from Indiana, is he which our current leaders have all too NUKE THE FILIBUSTER going to be offering an amendment? often been missing, incoherent, naive, These are confusing days in Washington. Mr. BAYH. Madam President, I am. and shortsighted, and that must Born-again conservative Christians who Mr. INHOFE. I yield the floor. change. strongly want to see President Bush’s judi- The PRESIDING OFFICER. The Sen- As my colleagues know, I feel so cial nominees voted on are leading the ator from Indiana. strongly about this subject that I recharge against the Senate filibuster, and lib- Mr. BAYH. Madam President, what is cently placed a hold—the first time I eral Democrats are born-again believers in have done such a thing—on the pro- that reactionary, obstructionist legislative the pending business? tactic. Practically every big-name liberal The PRESIDING OFFICER. The spective nomination of Ron Portman senator you can think of derided the fili- highway bill is the pending business. to be our next trade negotiator. I want buster a decade ago but now sees the error of AMENDMENT NO. 568 TO AMENDMENT NO. 567 to emphasize this action is not per- his or her ways and will go to amusing Mr. BAYH. Madam President, I have sonal on my behalf. I met with Mr. lengths to try to convince you that the an amendment at the desk, No. 568, and Portman. He is a fine man. I have change of heart is explained by something every reason to believe he is eminently deeper than the mere difference between I ask for its immediate consideration. The PRESIDING OFFICER. The qualified for the position for which he being in the majority and being in the mi- has been nominated. But our obligation nority. clerk will report. At the risk of seeming dull or The assistant legislative clerk read in this Senate is not merely to confirm unfashionable for not getting our own intel- as follows: him in his new job but, in addition, to lectual makeover, we still think judicial The Senator from Indiana [Mr. BAYH] pro- confirm that American workers and candidates nominated by a president deserve poses an amendment numbered 568. businesses can labor in a system where, an up-or-down vote in the Senate. We hardly through hard work, ingenuity, and sac- see eye to eye with the far right on social Mr. BAYH. Madam President, I ask unanimous consent that the reading of rifice, they have a fair chance in the issues, and we oppose some of these judicial global ‘‘economyplace’’ to succeed. nominees, but we urge Republican leaders to the amendment be dispensed with. press ahead with their threat to nuke the fil- The PRESIDING OFFICER. Without That, too often, is not the case, and the ibuster. The so-called nuclear option entails objection, it is so ordered. indifference and the inaction that has a finding by a straight majority that filibus- The amendment is as follows: led to this must change. ters are inappropriate in judicial confirma- Our amendment enjoys broad bipar- (Purpose: To amend title VII of the Tariff tion battles. tisan support. I am proud to say Sen- But the Senate shouldn’t stop with filibus- Act of 1930 to provide that the provisions relating to countervailing duties apply to ators COLLINS, GRAHAM, and others sup- ters over judges. It should strive to nuke the port this undertaking. They know it is filibuster for all legislative purposes. nonmarket economy countries) The filibuster debate is a stark reminder of At the appropriate place, insert the fol- essential. We have bicameral support. the unprincipled and results-oriented nature lowing: Representatives ENGLISH, DAVIS, and of politics, as senators readily switch sides TITLE lll—OVERSEAS SUBSIDIES many others support this amendment. for tactical advantage. Politicians’ lack of They too know that something must be SECTION ll01. SHORT TITLE. consistency on fundamental matters—the de- done. bate over the proper balance of power be- This title may be cited as the ‘‘Stopping Overseas Subsidies Act of 2005’’. Our approach enjoys support by both tween Washington and the states would be business and labor—the National Man- SEC. ll02. APPLICATION OF COUNTERVAILING another case in point—is far more corrosive ufacturers Association, and many rep- to the health of American democracy and DUTIES TO NONMARKET ECONOMY COUNTRIES. resentatives of organized labor—be- the rule of law than any number of Bush-ap- Section 701(a)(1) of the Tariff Act of 1930 (19 pointed judges could ever be. For one thing, cause they have waited too long for it validates public wariness about politicians U.S.C. 1671(a)(1)) is amended by inserting justice, and the time for justice has ar- professing deep convictions. ‘‘(including a nonmarket economy country)’’ rived. Liberal interest groups determined to keep after ‘‘country’’ each place it appears. We have the broad support we enjoy Bush nominees off the bench are in such a SEC. ll03. EFFECTIVE DATE. because of a building consensus in our frenzy that they would have you believe that The amendments made by section ll02 country. Even in a divided society, the Senate filibuster lies at the heart of all apply to petitions filed under section 702 of even in this divided institution, action American freedoms, its lineage traceable to the Tariff Act of 1930 on or after the date of the Constitution, if not the Magna Carta. the enactment of this title. is needed and can no longer be delayed or denied. The filibuster, a parliamentary tactic allow- Mr. BAYH. Madam President, I ing 41 senators to block a vote by extending What is that consensus, Madam thank my colleague from Oklahoma for President? It is the American people debate on a measure indefinitely, is indeed his courtesy. venerable—it can be traced back two cen- must devote themselves to succeeding turies. But it is merely the product of the The highway bill we are currently de- in a global competition, that we must Senate’s own rule-making, altered over time; bating is important, vitally important provide for those who are adversely af- the measure was not part of the founding fa- to building a strong economy for our fected by that global competition, and thers’ checks and balances to prevent a tyr- Nation. It will create jobs today and that American workers and businesses anny of the majority. The Senate’s structure raise productivity tomorrow, strength- have a right to expect that our com- itself was part of that calculus. ening the American people in the glob- petitors in this competition will play The filibuster is a reactionary instrument al economic competition we face and, that goes too far in empowering a minority by the same set of rules as do we. of senators. It’s no accident that most fili- in so doing, offer better prosperity and America must commit itself, we busters have hindered progressive crusades security for our children. must commit ourselves—it is our obli- in Washington, be it on civil rights or cam- This is only a small part of a bigger gation—to doing those things that are paign finance reform. California’s Demo- picture. It is only the beginning of necessary to succeed in the global mar- cratic Sen. Barbara Boxer, one of those re- what must be done if we are to ensure ketplace. Nothing else will do. We can- cent converts to the filibuster, embarrassed American prosperity and national secu- not wall up our country. We cannot herself by hailing Sen. Robert Byrd (D- rity and a future for our children of shut out those with whom we would W.Va.) as her inspiration at a pro-filibuster which we can be proud. compete. We saw the consequences of rally. At least Byrd is being consistent in his The American people need a debate— support—he filibustered the 1964 Civil Rights that in Eastern Europe under com- Act. a debate that starts today—about how munism. So when the walls come down, A showdown is looking increasingly likely, to create that prosperity in a global as they invariably do, they could though it isn’t clear that all Republicans economy, about what we must do and produce nothing that the rest of the want this fight. Some of them realize they to what we must commit ourselves, world could consume. will again be in the minority someday and and also about what we have a right to It reminds me, in some ways, of the that the filibuster is a handy brake on the expect from others. It is a debate that siren song of protectionism of the federal government’s activism. If their cau- will take time—time today, time this tion prevails, or if Republicans take on the Greek king who once sought to turn filibuster only in the narrow context of con- week, time repeatedly this year and for back the tide and stood on the beach firmation battles, we will happily weigh in the foreseeable future. It is a debate commanding it not to come in, only to again in the future, still on the anti-fili- that will define our generation and af- drown in the process. We must not fol- buster team. fect the American people for genera- low that path. But to avoid following

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4374 CONGRESSIONAL RECORD — SENATE April 27, 2005 that path, we must have a strategy for country, to ensure that our children American people undone by the pre- success in the global marketplace that will inherit from us something better meditated cheating—and that is what involves a robust commitment to re- than our unpaid bills that have to be it is—of other countries because of search and development in the new paid with interest to foreign countries their own narrow self-interests. goods, the new services, the new tech- and increasingly foreign banks. That is American workers and businesses too nologies of the future that will com- not right. We need to correct that situ- often are getting the shaft today, and mand good wages in the global market- ation. We need to redouble our efforts that is not right. It is not right when place, particularly in the area of en- to increase our national savings those of us in the Senate stand idly by. ergy independence. through incentives for Americans to It is not right when those in the ad- We have an opportunity, as a society, save more in the private sector so that ministration turn a blind eye to this. to create hundreds of thousands of we will increasingly be able to finance That must change. We must enforce good-paying jobs, to address our imbal- our demands at home. the rules of open global competition, ance of payments, to strengthen our fi- We need to look through the prism of and that is what our amendment will nances, our economy, our environment, innovation in all that we do to ensure do. That is our obligation to our fellow and our Nation’s security in the proc- that we can be more rapid, more nim- citizens and our children. ess. That commitment has been miss- ble, in terms of bringing new goods and The cheating—and as I have said, ing for too long. services to market, and when we do that is what it is—comes in many It is penny-wise and pound-foolish that we need to ensure there is robust forms, such as the theft of intellectual when we cut back on our investment in protection for our intellectual property property. I am told that more than 80 research and development. It dem- rights abroad. All too often, that is not percent of the business software in onstrates a lack of national will when the case. We cannot allow a situation China today is pirated. Barriers to U.S. we do not commit ourselves to in- to develop where, when we do our part exports, some in the form of tariffs, creased energy independence. That through research and development, some not tariff barriers, such as our must change. through education, through fiscal san- beef exports to Japan today—more on What also must change is an in- ity, through increasing our own domes- that in a moment—through currency creased commitment to an education tic savings, through becoming more manipulation, which we voted on in for every American child, particularly competitive and innovative, the fruits this Senate not long ago, giving a the less-fortunate third, so they can be of that labor of that American genius built-in 25- to 30-percent advantage to economically relevant in the global are stolen by those abroad through vio- countries that do that—in this case, marketplace of today and tomorrow lating our intellectual property rights. China—not because our workers are with the skills and the talents and the That cannot be allowed to continue not as smart, not because they do not abilities to be globally competitive. further. work as hard, not because the products For too many of our less fortunate In addition to having a positive are not as competitive, are simply be- children, that still is simply not the strategy for economic success in a cause of financial engineering. Tens of case. So we have to redouble our efforts global marketplace, we also have a thousands of Americans, when they get in K–12 education, and we need to open moral responsibility to those who may up in the morning, before they get up the doors of access to college oppor- be dislocated through no fault of their dressed and go to work, start off with tunity for every American child who is own as a result of that global economic that kind of disadvantage through no willing to work hard, play right, and do competition. We must reach out to fault of their own. How can we possibly right themselves to get there. those Americans who are displaced and look them in the face and tell them The growing gap between the haves ensure that they have an opportunity they are getting an even shake in the and have nots in America today in- to get back on the ladder of success, global marketplace? How can we pos- creasingly is defined by those who have that every American has the prospect sibly call that free trade? It is not. We a college education and those who do of being upwardly mobile in the global know it is not. And it has to change. not. Over the last 20 years, those who marketplace and that we do not just Illegal subsidies is another form of dropped out of high school or got a say to them, well, if they grew up 30 or cheating. Free rent, free power, loans high school diploma that did not mean 40 years ago and did not get the edu- never intended to be repaid—that is very much because the grades were the cation they need, if they happen to be not free trade. It is the opposite of free result of social promotion rather than employed in the wrong industry that is trade. It is economic engineering by actual achievement have seen their suffering dislocations, that is too bad other countries to the detriment of standards of living decline precipi- for them; they are in the scrap heap of American workers and businesses, and tously. Those in our country who re- history; they are on the wrong side of that has to stop. It is well known. ceived a college degree have seen their history; tough luck. That is social Dar- In its recent report to the Congress, standards of living increase margin- winism, and we cannot take that path the congressionally mandated and bi- ally. Those who have gotten an ad- either. partisan U.S.-China Economic and Se- vanced degree have seen a dramatic in- For those of us who will benefit from curity Review Commission stated: crease in their prosperity and standard the fruits of the global marketplace, There was a general consensus in the testi- of living. So if we want to be globally consumers and industries that are mony that China remains in violation of its competitive, we need to invest in the globally competitive and enjoy com- WTO obligations in a number of important talents and the skills of our children parative advantage, we have to take areas. and ensure that every child can have a some of that success, some of those In a hearing before the Ways and college opportunity. That is a debate benefits, and put it into training, re- Means Committee 2 weeks ago, a rep- for another day. More needs to be done. training, job placement, pension and resentative of the U.S. Chamber of More must be done if we are going to health care portability, so that every Commerce highlighted a number of win the battle of global economic com- American has a chance to be upwardly concerns: petition. mobile and successful in the global . . . China’s post-WTO accession use of in- We also must do our part by commit- marketplace. dustrial policy— ting ourselves to a course of fiscal san- There is also a growing consensus Not free trade, industrial policy— ity. The current budget imbalances that even when we have done our part, including the use of targeted lending, sub- simply are not sustainable, and they even when we have adopted a strategy sidies, mandated technology standards rath- exacerbate the trade imbalance and the to be successful, even when we have de- er than voluntary, industry-led international borrowing we must undertake from fined our comparative advantage, when standards, discriminatory procurement poli- abroad. When it comes to our own we provided for those who will be dis- cies, and potentially, antitrust policy—to budget deficits and imbalance, we only located through no fault of their own, structure the development of strategic sec- have ourselves to blame. We have to even when we have done all of that, tors is of mounting concern. summon the national will to restore others must do their part, too. We can- Industrial policy, not free trade. our finances, to ensure that we have a not stand idly by and watch the inge- That is what we seek to change, a glob- strong financial, fiscal situation in this nuity, hard work, and sacrifice of the al competitive marketplace where the

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4375 laws of comparative advantage will will help to change. Our national sov- who benefit from our efforts in the rule, where citizens of every country ereignty is at stake, our very sov- fight against terror, who benefit from will have a right to work hard, think ereignty as a nation. our efforts to provide for global secu- smart, be nimble, bring goods and serv- I do not know how many of my col- rity, play by the same set of economic ices to the marketplace, and let the leagues or the American people noticed rules so that we do not undercut the best man and woman win. Too often several weeks ago that the President of very prosperity that allows us to fight that is not the case today. It is the the United States got on the phone and the war on terror and provide for glob- case on the part of our workers but not he called his colleague, the Prime Min- al economic security. The two have to on the part of their competitors, and ister of Japan, and he said: You have go hand in hand. For the last several that is what has to stop. That is what been keeping our beef exports out of years there has been a decoupling that this amendment will do. your country for too long. We are pret- cannot go on indefinitely. If we do not Our Government is well aware of this ty good at producing beef in the United correct this situation, we not only un- but too often chooses to turn a blind States, and you are using the excuse— dermine our prosperity and our finan- eye. The time for the Senate turning a and it is an excuse now—of the mad cial strength, we undermine our very blind eye has to stop. I think about the cow scare a couple of years ago as an sovereignty and our Nation’s security. case of Batesville Tool and Die in Indi- informal trading barrier to keep our The debate about leveling the field and ana and the fact that their competitor, products out. You know what, we buy a enforcing the rules on global trade is in this case from China, sells their lot from you. You ought to bring this very much, in the long run, a debate product in the United States of Amer- nontariff barrier down. It is only the about national security as well. ica for one-half of a penny above the right thing to do. Finally, let me sum up by saying two cost of the raw materials, leaving noth- So they had this exchange, and then things. First, I know a lot of people ing for labor, nothing for transpor- shortly thereafter, whether by accident want to talk about China. We had a de- tation, nothing for marketing. There or not, the Prime Minister happened to bate on that and a vote with regard to has to be an illegal subsidy there. It is say, well, maybe the time has come for currency manipulation a couple of the laws of physics and the laws of eco- Japan to start diversifying its financial weeks ago. Our relationship with China nomics. Currently there is nothing in holdings out of dollar-denominated as- is one of the most important relation- our law that allows us to do anything sets, and for the next several hours the ships over the next 50 to 100 years. about it. If the laws of economics are value of our currency, the value of our They are a great nation with a great going to make sense, our law better in- money, began to go into a free fall culture and a bright future. Our rela- sist that we have a right to end this until some bureaucrat down in the tionship with them will be at times kind of industrial policy and cheating. bowels of the Finance Ministry came complex and difficult. It is only going That is what our amendment will out and said the Prime Minister did to work if the relationship is mutually change. not really know what he was talking beneficial in a number of ways, and in I think about the National Associa- about, it is not true. the economic arena as well. tion of Manufacturers, an organization Well, that is one thing. But a couple The nation of China has its chal- that embraces free trade, and a pair of of weeks before that, there was a lenges and we want to see them suc- pliers they held up when we announced rumor going through Seoul, the same cessfully meet those challenges. But we our amendment a few months ago, a kind of thing—maybe the South Kore- have challenges, too, and they must be pair of pliers sold at the cost of raw ans would start diversifying out of dol- committed, equally committed to see- materials—the same thing, leaving lar-denominated assets. That started a ing us meet our challenges if this rela- nothing for anything else. Obviously an run on our currency, too. tionship is going to work as it must. It illegal subsidy violating the rules of It is not a sign of strength, it is not is simply not right that to ease the ab- the WTO is in place there, and that has a sign of independence, it is not a sign sorption of surplus workers in agri- to change. of security when something as funda- culture in China, we are asked artifi- I think about a foundry I visited in mental as the value of our money can cially to throw out of work and put out northeast Indiana where they stopped be undermined by a slip of the tongue of business American workers and busi- production so that I could address the or a premeditated statement or a nesses in our heartland. That is fun- workers several months ago. A foundry rumor sweeping a foreign capital. That damentally not just. Stability and is a dirty business. These guys had soot is not the sign of a great nation; it is growth in China are important, and we on their faces and grime on their the sign of dependency, of weakness. It should help them in that regard but clothes, and they gathered around to is something that can no longer be al- not at the cost of our own. It is time hear me speak. I looked at them, and I lowed to continue if we are going to that we insisted we achieve both. in good conscience could no longer have the kind of security for our chil- Let me conclude by saying I am opti- look them in the face, knowing the dren that we want them to have and mistic about our future. With the right kind of burdens they labor under, the that they deserve. kind of leadership there is little that unlevel playing field, the kind of cheat- Make no mistake, our Nation’s secu- the American people cannot accom- ing that takes place, knowing they are rity is at stake. A strong military and plish. But as the old saying goes: If you willing to work hard for a living, and the current financial imbalances we don’t know where you are going, well, that too often that can be undone by are running cannot be sustained indefi- any road will lead you there. We must those who are not willing to do the nitely. have a strategy for success and pros- same or are willing to cheat to have There was a book several years ago perity. If we do, I am convinced we can their way. That is what has to stop, by Paul Kennedy called ‘‘The Rise and get the job done because we have done and that is what this amendment will Fall of Great Powers.’’ It pointed out it before. change. that the undoing of great nations had If I had been addressing this Senate The time has come to take a stand. all too often been the result of their 100 years ago, more than half of our Our prosperity is at stake. The global economic and financial weakness. workers would have been employed in marketplace, the global trading sys- The percentage of GDP we are cur- agriculture—more than half. Today it tem, cannot work. When our global rently spending on national security is about 3 or 4 percent. As we made the competitors have a comparative advan- and military expenditures substan- transition from an agricultural econ- tage, we buy their goods, but then tially outstrips that of our economic omy to a manufacturing-based econ- when we have a comparative advan- competitors, freeing them to invest a omy, the United States of America did tage, when American workers can substantially greater percentage of not dry up and blow away. There were produce something quicker, smarter, their wealth in productive assets. difficulties but we met the challenge. and cheaper than anybody else, they As the only global superpower and We reinvented our economy and instill do not get to sell their products the principal leader in the war against creased our prosperity and our stand- abroad. They are still defeated at home terror, we cannot afford to cut back on ing in the world as a result. because of cheating. It just will not our investment in national security. At If I had been addressing this Senate work, and that is what this amendment the very least, we can insist that those 50 years ago, more than 30 percent of

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4376 CONGRESSIONAL RECORD — SENATE April 27, 2005 the American workers would have been My staff has been working hard with Another very serious issue is the re- employed in manufacturing. Today it some of the proponents of this legisla- lationship between this legislation and is about 12 percent. Again, as the glob- tion to fully understand the pros and existing U.S. trade law. al economy began to change, as our do- cons of the legislation. It’s quite possible that by adopting mestic economy began to change, we In fact, a meeting was held with the this bill we could undermine the appli- did not dry up and blow away. There proponents just prior to a press release cation of U.S. antidumping law, and I were difficulties. There were chal- being issued saying that a hold was doubt any of my colleagues would ad- lenges. But we have been growing the being placed on a nominee unless a vocate that result. service sector of the economy and the vote were taken on the bill. It is even possible that this amend- innovative and other parts of the econ- I thought we were making good ment could force us to relinquish appli- omy. progress. Needless to say, I was very cation of the nonmarket antidumping So as we fight to save every kind of surprised to learn of that development. methodology in dumping cases. manufacturing job where we can be No one asked me about it. That question needs to be addressed competitive in advanced manufac- Let’s be clear, I share concerns about thoroughly before we move ahead on this legislation. Proponents may offer turing and other sections of the manu- China’s economic policies and the im- blanket assertions to the contrary, but facturing sector, we have grown other pact of those policies on international that is not sufficient, in my view. trade and the U.S. economy. parts of the American economy as well. We should not run the risk of under- At this point, however, I’m not con- We can continue to do that but only if mining our trade laws by pushing this vinced that the Bayh amendment is the we are willing to stand up for Amer- amendment onto a bill today. ican interests and competitiveness and best possible policy response we can I hope Senator BAYH will reconsider not allow the genius of our people to be provide to China’s economic policies. his decision and withdraw the amend- stolen and undermined by the premedi- The amendment would substantively ment. tated cheating and self-interest of change United States trade law, and it If not, I hope my colleagues will join other nations to which we turn a blind is imperative that the repercussions be with me in opposing his amendment eye, or don’t have the stomach to stand fully understood before we move ahead until we can fully appreciate its reper- up to. That has to stop and that is with the proposed change. cussions. what our amendment will do. That’s why the committee process Mr. President, I yield the floor. It will enable the American people to should not be circumvented. The Fi- Mr. INHOFE. I will be glad to re- preserve our prosperity—when we are nance Committee has jurisdiction over spond to any questions the Senator right, when we are competitive, when issues of international trade, and its has, after I get one thing taken care of we have an advantage—and will enable expertise should be brought to bear on here. us to go on and grow parts of our econ- any trade issue before its consideration Madam President, I ask unanimous omy and grow good jobs at good wages by the full Senate. consent that at 1:30 p.m. the Senate where we have that advantage and When that process is not respected, proceed to executive session for the allow our consumers to buy products we run the risk of adopting ill-thought consideration of Calendar No. 39, the from countries where they have the ad- out policy which in the end could un- nomination of J. Michael Seabright, to vantage. It will do right by our chil- dermine the very intent of legislation be U.S. district judge for the Southern dren. It will do justice to our workers. that is rushed in as an amendment, as District of Hawaii; provided further It will strengthen our national secu- Senator BAYH proposes we do in this that there be 30 minutes for debate rity, our sovereignty, our finances, and case. equally divided between the chairman our prosperity. It is the right thing to For starters, I understand that the and the ranking member or designees, and that at the expiration or yielding do, and that is why I propose this bill may not even be necessary, as it’s back of the time, the Senate proceed to amendment and that is why I ask for possible this change could be imple- a vote on the confirmation of the nomi- my colleagues’ support. mented administratively rather than nation with no intervening action or I yield the floor. legislatively. debate; provided further that following The PRESIDING OFFICER. The Sen- We should explore with Administra- the vote, the President be immediately ator from Oklahoma. tion officials the feasibility of imple- notified of the Senate’s action, and the Mr. INHOFE. Madam President, the menting an administrative change, what that would entail and how that Senate then resume legislative session. amendment of the distinguished Sen- The PRESIDING OFFICER. Without might best be accomplished. ator, it is my understanding, is one objection, it is so ordered. that has been in consideration in the The proposed legislation doesn’t give Mr. INHOFE. Madam President, as Finance Committee. There is a free- the Commerce Department any flexi- we said over and over again, I have a standing bill called ‘‘Stopping Overseas bility to develop appropriate regula- list of about eight amendments people Subsidies Act of 2005.’’ Is that correct? tions and procedures to implement this have said they want to come down and Mr. BAYH. That is correct. provision. offer. This is the third day now we have Mr. INHOFE. Madam President, the Such a significant change from estab- been inviting them to come down. So chairman of the committee has advised lished practice should at least incor- far only Senator THUNE has brought his me that they have been working on porate sufficient flexibility so that it amendment in. We did adopt that this bill for quite some time. As chair- can be implemented properly. Other- amendment. I encourage others to man of the Environment and Public wise, proponents run the risk of under- come down. Works Committee, and author of the mining their very goal. I think this could very well be con- highway bill, I suggest there are titles Why wouldn’t proponents want to en- sidered by most people the most sig- of the bill that are not within the juris- sure that such a significant change in nificant vote on a bill we will be con- diction of my committee. One is the the operation of our trade laws is im- sidering on the floor this entire year. Finance Committee title. The title is plemented properly? We want to make sure, while we have not yet here, so we do not have that to Again, that’s why the Finance Com- the time, that we give adequate consid- consider at this time. mittee should have the opportunity to eration and time for the amendments I think it would be more appropriate address the details. that different Members may have. I in- later on, after we receive the title, to There are other repercussions that vite them to come down at any time debate that in the normal process of should be examined. How does the pro- during this process. With that, I yield legislation. posed legislation relate to China’s ac- the floor. Mr. GRASSLEY. Mr. President, I rise cession to the WTO for example? Mr. BAYH. Did my colleague have a in strong opposition to this amend- Is it consistent with the terms of our question? ment. bilateral agreement on China’s WTO Mr. INHOFE. It is my understanding First, let me say I am profoundly dis- accession? the junior Senator from Missouri appointed by the way this issue has Those questions should be answered would like to have the floor for consid- been handled over the past several before we move ahead on this legisla- eration of an amendment. But I will weeks. tion. yield the floor at this time.

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4377 The PRESIDING OFFICER. The Sen- The purpose of the amendment is to gency siren or being more careful when ator from Missouri. address the problem of the increasing they see a first responder vehicle AMENDMENT NO. 582 TO AMENDMENT NO. 567 number of accidents occurring in which parked on the road or the shoulder of Mr. TALENT. Madam President, I either parked first responder vehicles the road, that will reduce the risks for have an amendment to send to the are rear-ended by other vehicles or the our law enforcement, health workers, desk. I ask unanimous consent the first responder is struck after leaving and firefighters. Bayh amendment be set aside so I can the vehicle. The amendment requires the Sec- do that, offer the amendment; and In first responders—such an anti- retary, in consultation with the Na- then, at the end of the 3 or 4 minutes septic term—we are talking about our tional Highway Safety Administration, I am going to use to offer the amend- police officers, our ambulance workers to develop and implement a program to ment, that we would go back to the and drivers, our firefighters who are promote compliance with State Pass Bayh amendment. That would be my dealing with the issue of a car that is With Care laws and ‘‘move over’’ laws. unanimous consent request. parked on the side of the road, maybe Those laws govern how motorists pass The PRESIDING OFFICER. Without because the police officer pulled the and yield to first responders’ vehicles. objection, it is so ordered. car aside, or because the car has been The Secretary, under my amend- The PRESIDING OFFICER. The abandoned, or it is on fire. It is all too ment, would compile a list of best prac- clerk will report. often the case in this country that our tices to promote compliance with such The legislative clerk read as follows: first responders who are working on laws, would conduct an analysis of the those situations are injured or killed various State and local laws that deal The Senator from Missouri [Mr. TALENT] proposes an amendment numbered 582 to by a passing vehicle. with the safety of first responder vehi- amendment No. 567. I will share the story of a Missouri cles, and from that analysis develop law enforcement officer who tragically model legislation that States can adopt Mr. TALENT. I ask unanimous con- lost his life this way. I know there should they choose to do so. sent the reading of the amendment be have been many more such as him Unfortunately, only 27 States cur- dispensed with. around the country. Michael Newton rently have Pass With Care laws or The PRESIDING OFFICER. Without was a State trooper for the Missouri ‘‘move over’’ laws. The amendment objection, it is so ordered. highway patrol. He stopped a vehicle would help give guidance to the re- The amendment is as follows: on Interstate 70 in Lafayette County, maining States on drafting laws that (Purpose: To direct the Secretary of Trans- MO, for a traffic violation on May 22, would help save lives. The Secretary portation to conduct a program to promote 2003. He and the other driver were sit- would be authorized to enter into part- the safe and efficient operation of first responder vehicles) ting in the patrol car when they were nerships with safety organizations and struck from behind by a pickup car- engage with public outreach to help At the appropriate place, insert the fol- improve first responder safety. lowing: rying a flatbed trailer. Trooper Newton died at the scene. The driver he had This is not an amendment that would SEC. ll. FIRST RESPONDER VEHICLE SAFETY PROGRAM. stopped suffered serious burns. Trooper be coercive on the States. I tried to be (a) IN GENERAL.—Not later than one year Newton was only 25 years old. He left a sensitive to that in drafting it. It is after the date of enactment of this Act, the wife, two young sons, many loving rel- what we can do as an alternative to Secretary of Transportation, in consultation atives, and a community that deeply mandating the States in this area to with the Administrator, National Highway mourned his loss and was very grateful help provide a clearinghouse of infor- Traffic Safety Administration, shall— for his service to the State of Missouri. mation for them to help develop model (1) develop and implement a comprehensive In 2003, 193 other people lost their legislation and also in appropriate program to promote compliance with State lives in crashes involving emergency ways to develop an increased public and local laws intended to increase the safe and efficient operation of first responder ve- vehicles, including 141 lives lost in awareness of this problem. hicles; crashes involving police vehicles, 29 If people become more aware of this (2) compile a list of best practices by State lives lost in those involving ambu- as the bill goes through and as a result and local governments to promote compli- lances, and 24 lives lost in crashes in- of an awareness campaign the Sec- ance with the laws described in paragraph volving firetrucks. retary would conduct, that in itself (1); According to the National Law En- would probably reduce the number of (3) analyze State and local laws intended forcement Officers Memorial Fund, ve- deaths. to increase the safe and efficient operation of first responder vehicles; and hicle-related incidents are the No. 1 I was surprised to hear of the number (4) develop model legislation to increase cause of police officer injuries and the of first responders who are imperiled. If the safe and efficient operation of first re- No. 2 cause of police officer deaths. In we can help them by raising awareness, sponder vehicles. 2004, 73 out of 153 police officer deaths I think we ought to do it. I am pleased (b) PARTNERSHIPS.—The Secretary may were vehicle related. Not all of those to introduce the amendment on behalf enter into partnerships with qualified orga- involved parked cars, but most of them of our first responders at risk on our nizations to carry out this section. did. roads and highways. They should not (c) PUBLIC OUTREACH.—The Secretary shall I was very surprised to see those sta- be at risk. I urge the Senate to pass the use a variety of public outreach strategies to tistics and deeply concerned that we amendment to help strengthen these carry out this section, including public service announcements, publication of informa- have not informed people and raised laws, and ensure the safety of our first tional materials, and posting information on their awareness about this problem. responders. the Internet. That is what this amendment is de- I certainly am willing to work with (d) AUTHORIZATION OF APPROPRIATIONS.— signed to do. My Pass With Care the managers of the bill to help deal There are authorized to be appropriated such amendment requires the Secretary to with any concerns they may have re- sums as may be necessary for fiscal year 2006 start a nationwide publicity campaign garding the wording of the amendment. to carry out the provisions of this section. through public service announcements, I yield the floor and I suggest the ab- The PRESIDING OFFICER. The Sen- developing a Web site, providing infor- sence of a quorum. ator from Missouri. mational materials, to increase public The PRESIDING OFFICER. The Mr. TALENT. Madam President, I awareness of this crucial safety issue. clerk will call the roll. thank my friend from Oklahoma and Our first responders, our police, our The legislative clerk proceeded to my friend from Indiana for allowing me firefighters, our ambulance workers call the roll. to get this amendment pending. I am dedicate their lives to helping protect Mr. INOUYE. Mr. President, I ask very hopeful we will eventually get it the rest of us. They save so many lives unanimous consent that the order for accepted. I am working with the chair- through their heroic efforts. If more the quorum call be rescinded. man and ranking members of both the people realize they can help protect our The PRESIDING OFFICER (Mr. TAL- full committee and subcommittee to first responders by quickly and safely ENT). Without objection, it is so or- get that done. pulling over when they hear an emer- dered.

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4378 CONGRESSIONAL RECORD — SENATE April 27, 2005 EXECUTIVE SESSION sociation, and the Federal Bureau of weeks, I have been calling upon the Re- Investigation. publican readership to proceed to the I am confident that his record will confirmation of Michael Seabright to NOMINATION OF J. MICHAEL prove equally impressive to the full the District Court of Hawaii. SEABRIGHT TO BE UNITED Senate, and I trust that he will become All Democrats on the Judiciary Com- STATES DISTRICT JUDGE FOR the 206th of Mr. Bush’s judicial nomi- mittee had been prepared to vote favor- THE DISTRICT OF HAWAII nees to be confirmed to the Federal ably on this nomination for some time. The PRESIDING OFFICER. The bench. I hope my colleagues will join We were prepared to report the nomi- clerk will report the nomination. me in voting in favor of Mr. Seabright. nation last year, but it was not listed The legislative clerk read the nomi- The PRESIDING OFFICER. The Sen- by the then-chairman on a committee nation of J. Michael Seabright, of Ha- ator from Hawaii, Mr. AKAKA, is recog- agenda. I thank Chairman SPECTER for waii, to be United States District nized. including Mr. Seabright at our meeting Judge for the District of Hawaii. Mr. AKAKA. Mr. President, it is with on March 17. The nomination was The PRESIDING OFFICER. Under great pleasure that I join Senator unanimously reported and has been on the previous order, there are 30 min- INOUYE in support of the nomination of the Senate Executive Calendar for utes, equally divided, for debate on the Mr. J. Michael Seabright for the U.S. more than a month. It is Senate Re- nomination. District Court for the District of Ha- publicans who resisted a vote on this The Senator from Hawaii. waii. The Hawaii State Bar Association judicial nominee, not Democrats. In Mr. INOUYE. Mr. President, I am has found Mr. Seabright to be highly their fashion, they did so without any pleased and hnored to speak in support qualified for the position of U.S. Dis- explanation akin to the anonymous of J. Michael Seabright of Honolulu, trict Court Judge in Hawaii. This is of ‘‘holds’’ that doomed more than 60 of Hawaii, who has been nominated by the significant importance to me, as I President Clinton’s judicial nominees President to serve as a Federal district value the opinion of Hawaii’s legal not so long ago. Once confirmed, Mr. Seabright will court judge for the District of Hawaii. community in evaluating those nomi- be the 206th of 216 nominees brought Mr. Seabright graduated magna cum nated to serve as judges. before the full Senate for a vote to be laude from his undergraduate alma Mr. Seabright has practiced law in confirmed. That means that 829 of the mater of Tulane University, before the State of Hawaii for over 20 years, 875 authorized judgeships in the Fed- going on to attend The National Law in a number of capacities, including eral judiciary, or 95 percent, will be Center at George Washington Univer- both private practice and public serv- filled. It is regrettable that Republican sity, where he received his juris doctor ice. Mr. Seabright has been employed delay has now pushed the Senate be- and graduated with high honors as a by the U.S. Attorney’s Office for the hind even the pace set by the Repub- member of the Order of the Coif. District of Hawaii for the past 15 years, lican majority in 1999, when President At George Washington, he further and he has headed the white-collar and Clinton was in the White House. That distinguished himself by serving as the organized crime section since 2002. year, the Senate Republican leadership editor of the George Washington Jour- I am very pleased that this position, did not allow the Senate to consider nal of International Law & Economics. after being vacant for so many years, any circuit court nominees for the en- I have had the pleasure of knowing will now be filled by an individual as tire session and only 17 district court Mr. Seabright since he arrived in Ha- qualified as J. Michael Seabright. For nominees were confirmed. The Repub- waii 20 years ago, having watched him the past few years, I have heard from lican Senate has fallen behind that as he successfully became a member of jurists and a number of attorneys in pace. the Hawaii State Bar Association, and Hawaii about the need to fill this judi- Of the 47 judicial vacancies now ex- became involved in our community. cial vacancy. I am encouraged to see isting, President Bush has not even Now Mr. Seabright stands out as a that with the consideration of this sent nominees for 29 of those vacancies, leader in the legal side of law enforce- nominee the Senate will continue its more than half. I have been encour- ment, where he developed the District tradition of fulfilling its advice and aging the Bush administration to work of Hawaii plan for implementing ‘‘Op- consent role under the Constitution. with Senators to identify qualified and eration Triggerlock-Hawaii,’’ a Fed- I urge my colleagues to vote in favor consensus judicial nominees and do so, eral-local effort aimed at the prosecu- of Mr. Seabright’s nomination. again, today. The Democratic leader tion of violent armed career criminals I yield the floor. and I sent the President a letter in this in Federal court. The PRESIDING OFFICER. The Sen- regard on April 5, but we have received His broad experience in prosecution, ator from Vermont. no response. from violent crimes to government cor- Mr. LEAHY. Mr. President, it has It is now the last week in April. We ruption, have provided him a balanced taken some time, but the Senate Re- are almost one-third through the year perspective of the criminal justice sys- publican leadership will finally allow and so far the President has sent only tem that will continue to serve him the Senate to consider the nomination one new nominee for a Federal court well as he prepares for this most recent of Michael Seabright to be a United vacancy all year—only one. Instead of development in his career of public States District Court Judge for Hawaii. sending back divisive nominees, would service. I commend the distinguished Senators it not be better for the country, the Mr. Seabright’s work for Hawaii goes from Hawaii for their effort in identi- courts, the American people, the Sen- beyond his professional commitments fying this consensus nominee. When ate, and the administration if the as an assistant U.S. attorney, however. Mr. Seabright is confirmed by an over- White House would work with us to He has served on the Hawaii Supreme whelming, bipartisan vote of the Sen- identify, and for the President to nomi- Court’s disciplinary board since 1995 ate, he will be the 206th nominee of nate, more consensus nominees such as and holds the chairmanship of its rules this President confirmed to a lifetime Michael Seabright who can be con- committee, which is charged with the appointment to our Federal courts. firmed quickly with strong, bipartisan drafting proposed rules for the Hawaii This is only the second judicial nomi- votes? Rules of Professional Conduct. nation Senate Republicans have been I commend the Senators from Hawaii He was also a member of the Hawaii willing to consider all year. There has for their efforts to work cooperatively State Board of Bar Examiners, and has been no filibuster of judicial nominees to fill judicial vacancies. I only wish been an adjunct professor at the Uni- this year. Instead, it is the Senate Re- Republicans had treated President versity of Hawaii William S. Richard- publican leadership that, through its Clinton’s nominees to vacancies in Ha- son School of Law. deliberate inaction, is keeping judge- waii with similar courtesy. Had they, This extraordinary record of achieve- ships unnecessarily vacant for months. there would not have been the vacan- ment has now culminated with his With this nomination and with the cies on the Ninth Circuit and on the nomination to the Federal bench, and nomination of Judge Crotty, I was the District Court. The work of the Sen- amply supports the favorable reports one asking for months for the nomina- ators from Hawaii is indicative of the he has received from the Hawaii State tion to be considered, debated, voted, type of bipartisan efforts Senate Demo- Bar Association, the American Bar As- and confirmed. For the last several crats have made with this President

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4379 and remain willing to make. We can nee. In fact, he has sent the Senate reduce any incentive for a President to work together to fill judicial vacancies only one new judicial nominee all year. consult with home State Senators or with qualified, consensus nominees. I wish he would work with all Senators seek the advice of the Senate on life- The vast majority of the more than 200 to fill those remaining vacancies rath- time appointments to the Federal judi- judges confirmed during the last 31⁄2 er than through his inaction and un- ciary. It is a leap not only toward one- years were confirmed with bipartisan necessarily confrontational approach party rule but to an unchecked execu- support. manufacture longstanding vacancies. It tive. The truth is that in President Bush’s is as if the President and his most par- Rather than blowing up the Senate, first term, the 204 judges confirmed tisan supporters want to create a cri- let us honor the constitutional design were more than were confirmed in ei- sis. of our system of checks and balances ther of President Clinton two terms, Over the last weeks, we have heard and work together to fill judicial va- more than during the term of this some extremists call for mass impeach- cancies with consensus nominees. The President’s father, and more than in ments of judges, court-stripping, and nuclear option is unnecessary. What is Ronald Reagan’s first term when he punishing judges by reducing court needed is a return to consultation and was being assisted by a Republican ma- budgets. Now we are seeing an effort at for the White House to recognize and jority in the Senate. By last December, religious McCarthyism by which Re- respect the role of the Senate appoint- we had reduced judicial vacancies from publican partisans inject religion into ments process. the 110 vacancies I inherited in the these matters. Rather than promote The American people have begun to summer of 2001 to the lowest level, low- crisis and confrontation, I urge the see this threatened partisan power grab est rate and lowest number in decades, President to disavow the divisive cam- for what it is and to realize that the since Ronald Reagan was in office. paign and, instead, do what most oth- threat and the potential harm are The Hawaii judgeship at issue here ers have and work with us to identify aimed at our democracy, at an inde- has been vacant for more than 4 years, outstanding consensus nominees. It ill pendent and strong federal judiciary since December of 2000 when Judge serves the country, the courts and, and, ultimately, at their rights and Alan Kay took senior status. President most importantly, the American people freedoms. Clinton made a nomination to that for this administration and the Senate Mr. President, I commend the two seat in advance of the vacancy, but the Republican leadership to continue Senators from Hawaii, Mr. INOUYE and Republicans in control of the Senate down the road to conflict. Mr. AKAKA, for their support and their refused to act on it. They preserved the The Seabright nomination shows how work with the White House in getting vacancy for a Republican President. unnecessary that conflict really is. Let this nominee to the floor. I commend In 2002, President Bush nominated us join together to debate and confirm the White House for working with James Rohlfing to the vacancy. That consensus nominees to these important them. nomination failed, however, because in lifetime posts on the Federal judiciary. This nominee was confirmed unani- the view of his home State Senators It is the Federal judiciary that is mously in the Senate Judiciary Com- and the American Bar Association, he called upon to rein in the political mittee, Republicans and Democrats was not qualified for the position. It branches when their actions con- joined alike. I urge on our side of the took the White House more than 2 ad- travene the constitutional limits on aisle that all Senators vote for him. ditional years to agree. Finally, in May governmental authority and restrict I have been advised by the distin- 2004 that nomination was withdrawn by individual rights. It is the Federal judi- guished members of the Republican President Bush. ciary that has stood up to the over- side of the aisle that they are willing The administration finally got it reaching of this administration in the to yield back their time. So I ask that right after consultation with the Ha- aftermath of the September 11 attacks. all time on either side on this nominee waii Senators. The President sent Mi- It is more and more the Federal judi- be yielded back so we can go to a vote. chael Seabright’s name to the Senate ciary that is being called upon to pro- The PRESIDING OFFICER. Without last September. An outstanding attor- tect Americans’ rights and liberties, objection, it is so ordered. ney who has experience in private prac- our environment and to uphold the rule Mr. LEAHY. I ask for the yeas and tice as well as a sterling reputation as of law as the political branches under nays. an Assistant United States Attorney, the control of one party have over- The PRESIDING OFFICER. Is there a Mr. Seabright merited consideration reached. Federal judges should protect sufficient second? and swift confirmation. Despite his the rights of all Americans, not be se- There appears to be a sufficient sec- reputation as a law-and-order Repub- lected to advance a partisan or per- ond. lican, Republicans would not move on sonal agenda. Once the judiciary is The question is, Will the Senate ad- Mr. Seabright’s nomination last Con- filled with partisans beholden to the vise and consent to the nomination of gress. The President took his time re- administration and willing to reinter- J. Michael Seabright, of Hawaii, to be nominating Mr. Seabright and even pret the Constitution in line with the United States District Judge for the then it took repeated requests to get administration’s demands, who will be District of Hawaii? his nomination included on the agenda left to protect American values and the The clerk will call the roll. of the committee. When he was consid- rights of the American people? The legislative clerk called the roll. The Constitution establishes the Sen- ered on March 17, he was reported with Mr. DURBIN. I announce that the ate as a check and a balance on the unanimous support. Senate Democrats Senator from Montana (Mr. BAUCUS) choices of a powerful President who have long supported and requested ac- and the Senator from Delaware (Mr. might seek to make the Federal judici- tion on this nomination. BIDEN), are necessarily absent. ary an extension of his administration I have been urging this President and The PRESIDING OFFICER (Mr. Senate Republicans for years to work or a wholly-owned subsidiary of his po- SUNUNU). Are there any other Senators litical party. Today, Republicans are with all Senators and engage in gen- in the Chamber desiring to vote? threatening to take away one of the uine, bipartisan consultation. That The result was announced—yeas 98, few remaining checks on the power of process leads to the nomination, con- nays 0, as follows: firmation, and appointment of con- the Executive branch by their use of [Rollcall Vote No. 111 Ex.] sensus nominees with reputations for what has become knows as the nuclear fairness. The Seabright nomination, option. This assault on our tradition of YEAS—98 the bipartisan support of his home checks and balances and on the protec- Akaka Bunning Cochran Alexander Burns Coleman State Senators, and the committee’s tion of minority rights in the Senate Allard Burr Collins action by a unanimous bipartisan vote and in our democracy should be aban- Allen Byrd Conrad is a perfect example of what I have doned. Eliminating the filibuster by Bayh Cantwell Cornyn been urging. the nuclear option would destroy the Bennett Carper Corzine Bingaman Chafee Craig I have noted that there are currently Constitution’s design of the Senate as Bond Chambliss Crapo 29 judicial vacancies for which the an effective check on the Executive. Boxer Clinton Dayton President has delayed sending a nomi- The elimination of the filibuster would Brownback Coburn DeMint

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4380 CONGRESSIONAL RECORD — SENATE April 27, 2005 DeWine Kennedy Reid for the Bayh amendment on counter- American jobs, but it has the potential Dodd Kerry Roberts vailing duties, and I ask unanimous to kill Americans as cheap, shoddy Dole Kohl Rockefeller Domenici Kyl Salazar consent to be added as a cosponsor. automotive products replace legiti- Dorgan Landrieu Santorum The PRESIDING OFFICER. Without mate ones of higher quality. The Amer- Durbin Lautenberg Sarbanes objection, it is so ordered. ican automotive parts components in- Ensign Leahy Schumer Ms. STABENOW. I commend my dustry loses an estimated $12 billion in Enzi Levin Sessions Feingold Lieberman friend and colleague from Indiana for sales on a global basis to counter- Shelby Feinstein Lincoln Smith his vision on the issue of what we need feiting. This must stop. We don’t even Frist Lott Snowe to do to create a level playing field for keep statistics on the potential loss of Graham Lugar Grassley Martinez Specter our businesses and workers. This is an life. Gregg McCain Stabenow important amendment. The United States is losing manufac- Hagel McConnell Stevens I have spoken forcefully about our turing jobs as a direct result of China’s Sununu Harkin Mikulski need to address the unfair trade prac- policies. China’s policies have cost our Hatch Murkowski Talent Hutchison Murray Thomas tices of those with whom we trade. A economy 1.5 million jobs in the last 15 Inhofe Nelson (FL) Thune necessary step in this process is to years and 51,000 jobs alone in Michigan. Inouye Nelson (NE) Vitter change those U.S. laws that hinder our These job losses are hurting all of our Isakson Obama Voinovich manufacturers, from apple juice, to Jeffords Pryor Warner industries from operating on a level Johnson Reed Wyden playing field. That is what this amend- auto parts, to clothing, to furniture. At this stage, U.S. industries have no NOT VOTING—2 ment addresses. Our businesses, our workers have an expectation that we direct recourse to combat subsidies Baucus Biden will provide a level playing field for used by nonmarket economies. They The nomination was confirmed. them, and we need to deliver on that. must rely upon the Federal Govern- The PRESIDING OFFICER. Under This amendment is a good step in that ment to negotiate a settlement, or on the previous order, the President shall direction. the dispute settlement processes of be immediately notified of the Senate’s Unfair trade practices are hurting international organizations, such as action. our U.S. manufacturers and costing the WTO. f jobs. In my State of Michigan, I regret Why do we put such a strain on our own businesses? The remedies available LEGISLATIVE SESSION to say, we now have the highest unem- ployment rate in the country. At the currently might eventually lead to re- The PRESIDING OFFICER. Under time when our Nation’s countervailing lief, but it takes years to see relief. We the previous order, the Senate will re- duty laws were approved in 1979, the are losing jobs every day. There are turn to legislative session. Department of Commerce decided it headlines every day in Michigan about Mr. INOUYE. I suggest the absence of was impracticable to apply those laws job loss. We have to have a sense of ur- a quorum. to nonmarket economies such as China gency here in the Senate and in the The PRESIDING OFFICER. The due to the difficulty of determining Congress and in the White House. The Bayh amendment would change clerk will call the roll. what defines a government subsidy the situation to ensure that nonmarket The assistant legislative clerk pro- within the context of a state-controlled economies are subject to the same ceeded to call the roll. economy. Mr. INHOFE. Mr. President, I ask However, since that time, many non- countervailing duty laws as all other trading nations. unanimous consent that the order for market economies have undertaken At a recent Finance Committee hear- the quorum call be rescinded. significant economic reforms that have ing on his nomination, Congressman The PRESIDING OFFICER. Without liberalized the state control over their objection, it is so ordered. PORTMAN said he thinks ‘‘we . . . need economies. Unfortunately, however, an additional focus on China. After a f some of these nations, such as China, top-to-bottom review, I would plan to TRANSPORTATION EQUITY ACT: A refuse to comply with standard inter- shift some resources, including some LEGACY FOR USERS—Continued national trading rules and practices people to that effort.’’ and use subsidies and other economic Mr. INHOFE. Mr. President, I ask I certainly encourage him to do that. incentives to give their producers an I also want to indicate at this time unanimous consent that we set aside unfair competitive advantage. This has the pending Bayh amendment for the that Congressman PORTMAN indicated a direct impact on job loss in Michigan, support for a focus on creating an purpose of adopting an agreed-to as well as in other States. amendment, the Talent amendment, international trade prosecutor, or some As we all know—and it has been doc- people in his office who would focus on and go immediately back to the Bayh umented—these subsidies range from amendment. the role of prosecutor more broadly on currency manipulation, to providing those other countries that are vio- Mr. BAYH. With that understanding, below interest rate loans to less than I do not object. lating rules. Senator BAYH has been a creditworthy companies, to providing champion of that effort, and I am very The PRESIDING OFFICER. Without preferential access to raw materials objection, it is so ordered. proud he has joined with me and Sen- and other input. I should mention that ator GRAHAM in South Carolina in in- AMENDMENT NO. 582 I was very proud to be a part of the ef- troducing specific legislation that re- The PRESIDING OFFICER. Is there fort to get a very strong vote a few lates to creating an international trade further debate on the Talent amend- weeks ago; 67 Members on both sides of prosecutor as well. All of these pieces ment? the aisle joined to send a message both are important. We have taken one step If not, the question is on agreeing to to the White House and to China that to sending a message to China and to amendment No. 582. we expect China to stop manipulating the administration that we expect The amendment (No. 582) was agreed their currency, which means it costs them to address the issue of currency to. more for us to sell to them than for manipulation. Mr. INHOFE. Mr. President, I move them to sell to us. It is part of what we Now, this amendment is a very im- to reconsider the vote and to lay that need to do to level the playing field. I portant piece in leveling the playing motion on the table. hope that because we have joined to- field for our businesses and our work- The motion to lay on the table was gether in the vote we had on a very ers. I also urge that we incorporate an agreed to. strong bipartisan basis, we will see the international trade prosecutor who will AMENDMENT NO. 568 same kind of vote on this Bayh amend- be our American voice for business and The PRESIDING OFFICER. Under ment. for workers on the broad issue of con- the previous order, the Bayh amend- I will give you a few examples of how tinuing to make sure the rules are fair. ment will be the pending amendment. this hurts Michigan manufacturers and I think these pieces together create The Senator from Michigan. workers directly. Counterfeit auto- hope for the people we represent, whom Ms. STABENOW. Mr. President, I motive products are a very big problem we, in fact, would stand up for and rise today to show my strong support in Michigan. Not only does it kill stand up for American jobs.

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4381 While I have the floor, I want to terms of infrastructure and traffic con- the time to get consideration for speak briefly about something else gestion and issues of jobs and so on amendments. that also relates to American jobs. In without the very best bill possible. I yield the floor. addition to this important amendment, I am very hopeful—and I will do ev- The PRESIDING OFFICER. The Sen- we will be focusing on the broader issue erything within my power, working ator from Vermont. of a strong SAFETEA Transportation with colleagues on both sides of the Mr. JEFFORDS. Mr. President, I rise bill. I am hopeful that we are going to aisle—to get the fairest, best bill that today, our third day of debate on the get this done as quickly as possible. I we can for the people we represent and highway bill. am pleased that we have begun the to get that as quickly as we possibly As we have stated before, this is vital process of debating this critical issue. can. legislation that will have an impact on The snow finally has melted in Mr. President, I urge my colleagues every American. Michigan—at least for the moment— to support the Bayh amendment and to I join Senator INHOFE in calling on and we are in the beginning of a new move on to put together the final bill my colleagues to come to the floor to construction season. During the budget in the best way possible for both those offer amendments. With that said, I debate, I was pleased to join with Sen- States such as mine, which are donor would like to address some of the im- ator TALENT to lead an effort on an States, as well as for the other States portant provisions in this bill. amendment to help the Senate produce around the country, so that we can cre- I would like to spend a minute talk- a well-funded Transportation bill. I ate the jobs that are needed as quickly ing about bridges and our need to make know Senator GRASSLEY and Senator as possible. sure that adequate funding exists to BAUCUS are working hard to help I yield the floor. maintain these structures. strengthen this bill that is in front of The PRESIDING OFFICER (Mr. MAR- As many of my colleagues know, I us. TINEZ). The Senator from Indiana. have a passion for bridges and specifi- As my colleagues know, this bill isn’t Mr. BAYH. Mr. President, I thank my cally covered bridges. just about improving roads and transit friend and colleague, the Senator from While covered bridges are no longer systems and buses, but it is about cre- Michigan, for her generous words, but critical parts of our Nation’s infra- ating jobs. Again, it is absolutely crit- for her leadership as well on both of structure, they provide an important ical that we do everything possible to these important issues. She under- link to our collective past and are feats create American jobs and do it as stands very well the Transportation of engineering and longevity. The National Covered Bridge Preser- quickly as possible. The Transpor- bill will create jobs for our construc- vation Program, which I authored in tation bill is one of the fastest ways tion workers in the short run and will 1998, has been a great success, albeit a that we can bring good-paying jobs improve our productivity in the long slightly underfunded success. back to our States. run but that it is just part of a bigger From the Thetford Center Covered The Department of Transportation piece of improving America’s economic Bridge to the Weathersfield Falls Cov- estimates that every $1 billion of high- competitiveness, and a big part of that, ered Bridge, I have taken great pride in way spending creates 47,500 new, good- in Michigan and Indiana and the other being able to work to rehabilitate paying jobs, and it generates more 48 States, is when workers want to than $2 billion in economic activity. these bridges in Vermont. work hard, be smart, play by the rules, Given my passion for the topic, many Mr. President, we need this bill now. do the right thing, they need to be re- If there are efforts to extend it, we members may think that Vermont has warded for those efforts and not have the Nation’s largest number of these need to have it be a short extension be- their hard-working sacrifices unfairly yond May 31. My preference is to get bridges. taken from them by global competitors In fact, Pennsylvania has 220 covered this done before the end of May be- who do not play by the rules, who bridges, Ohio has 144 covered bridges, cause we are going to lose another con- cheat, and are not willing to make the and Vermont has only 99 covered struction season if we do not. We in tough decisions our businesses and bridges. Michigan have projects ready to go the workers are asked to make. Even California has 12 covered minute this bill is signed. It is abso- I thank her for her leadership and for bridges and Missouri has 5. lutely critical that we get this done as her kind words and look forward to It is my great regret that I do not be- soon as possible. working with her on these and other lieve Oklahoma has any of these fine Over the last 4 years, Michigan has issues. structures. lost jobs. This bill, as I said, would cre- Ms. STABENOW. Mr. President, I While I may seem like a broken ate good-paying jobs that would help thank the Senator. record talking about bridges, it is crit- thousands of our families in Michigan. Mr. INHOFE. Mr. President, I suggest ical that we pass a bill that adequately We are not talking about minimum the absence of a quorum. funds bridge maintenance and repair. wage jobs, we are talking about well- The PRESIDING OFFICER. The While I do not have the national sta- paying jobs, good-paying jobs that help clerk will call the roll. tistics at my fingertips, those of you families pay their mortgages and save The bill clerk proceeded to call the that travel around our Nation’s Capital for retirement and put their children roll. can readily attest to the fact that the through school. Mr. INHOFE. Mr. President, I ask bridges in this city are choke points for Last year’s bipartisan Senate bill unanimous consent that the order for commuters and commerce. that passed overwhelmingly would the quorum call be rescinded. The DC Department of Transpor- have created over 99,000 jobs in Michi- The PRESIDING OFFICER. Without tation estimates that about $300 mil- gan alone. It is my hope that the Sen- objection, it is so ordered. lion is needed to repair 11 major ate will pass another strong bill. I un- Mr. INHOFE. Mr. President, right bridges. derstand that the House and the White now the pending business is the Bayh If we do not provide at least some of House did not support the effort that amendment. I stress again that both these funds, our economy will suffer. we passed. Even though it was an im- Senator JEFFORDS and I are inviting Senator LEAHY and I have been work- portant bipartisan effort and it showed anyone to come down with amending for years to provide funds to reha- in the Senate the best about governing, ments they have. Senator BAYH has bilitate the Missisquoi Bay Bridge in in my opinion, and people worked very graciously agreed to set his aside for Vermont. hard on both sides of the aisle, it is the consideration of any other amend- This bridge links New York and very unfortunate that this was not sup- ments, and then we would go back to Vermont and serves as an international ported by the House or the White his amendment. So I would not want corridor to Canada. House. Now we have a bill back in front any Members who are watching the In 1998, Vermont’s congressional del- of us and we need to make it the best proceedings to believe they cannot get egation secured funds in the highway we can possibly make it so that we are their amendment in. We do encourage bill to begin the project, and unfortu- creating jobs and meeting the needs of them to bring their amendments down. nately we are still at it. our communities. We cannot fix the I would hate to have all of these I can hardly imagine how long it problems that we have in our States in stacked up at the last minute. Now is would take to upgrade the George

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4382 CONGRESSIONAL RECORD — SENATE April 27, 2005 Washington or Chesapeake Bay If we don’t have a highway bill, there and get a lot more efficiency into the Bridges. will not be any streamlining of the en- system. It is my hope that the Congress will vironmental reviews. Critical projects When you look at what we are faced send the President a bill with a robust will still be subjected to avoidable with today, we have an unusually high bridge program. delays that can be avoided with the price of gasoline. As a result of that, Our Nation’s bridges, whether his- passage of this bill. people are not driving as much. If we toric or not, are in a state of disrepair Along that line, I think with all the had a gas tax that was geared to a per- and this bill is an important step in the provisions of this bill that was 21⁄2 centage basis, it would not make any right direction. years in the making, there are a lot of difference. In fact, we would probably I yield the floor. provisions that my good friend from increase revenues. But that is not the The PRESIDING OFFICER. The Sen- Vermont accepted that he would have way it is. It is just a number of cents ator from Oklahoma. preferred not to accept. There are per gallon, so if there are fewer gallons Mr. INHOFE. Mr. President, the Sen- many provisions I accepted that I bought, then there is less money that ator from Vermont brings up a very would have preferred not to accept. But goes into it. sensitive subject to me, and that is one this was a give and take in a spirit of If we do not have a bill, if we just go of bridges. It seems to me we do have bipartisan cooperation, and I think on an extension, there will not be any one covered bridge in Oklahoma. I am that is something people are starving opportunity to address the chokepoints going to have to check on that to make for right now. That is what they have at intermodal connectors. People think sure they get a share of this, whatever in this bill. this is just a highway bill. They think it is. If we do not have a bill, there is not back in the early days, back when Ei- We do have a serious problem. The going to be an increase in the ability to senhower, in World War II, was a FHWA ranks various States and the conditions of their bridges, roads, and use innovative financing, giving us a major, he realized the inefficiencies we highways. Oklahoma is ranked dead chance to do something differently had in this country in transportation last in the condition of its bridges, and than we have been doing it before. when he was trying to move troops and it is a very serious matter. It is also a Where innovative partnership types of move military equipment around the very serious problem in terms of the financing have taken place, it has ex- country. When he became President, he number of deaths we have. tracted a lot of money from the private drew upon that experience and estab- One of the considerations that was sector that is willing to get in there lished, for that reason, this National involved in putting together a for- and participate in the TIFIA provisions Highway System. mula—and I state again how much of this bill, allowing them to do that This goes all the way back to the Ei- work goes into a formula approach. I very thing. senhower administration, but this goes have said several times that it would There are a lot of members on our further than it went at that time. Now be very easy to do it the other way committee who were concerned about we have chokepoints. A lot of people where we just come up with a bunch of the Safe Routes to Schools Program. are not aware that my State of Okla- projects and satisfy 60 Senators and That is in here. Again, if we are oper- homa actually has a port. We have the pass a bill and go home. That is not ating under an extension, if we do have port of Catoosa, about 10 miles from what we tried to do. One of the consid- an extension, if we do not have the bill, my home in Tulsa. But there are erations we have is the risk in the var- we will not have that. It could be we chokepoints in any transportation sys- ious States, the number of mortalities. will have young people killed and in- tem. You can have a channel, air trans- Once again, at this point it is impor- jured on the way to school without this portation, rail transportation; it has to tant to stress why we need to have a bill. marry up and be consistent with the bill. We are now on our sixth extension, Without this bill, with just another movement on the roads. This bill does and extensions do not work. There is extension, States would continue to that. That is why we call it inter- not a State of all 50 States that is not have uncertainty in planning and delay modal. very anxiously awaiting this bill be- in projects. I hope this doesn’t need Last, the firewall protection of the cause with extensions there can be no much elaboration. It is only logical. If highway trust fund would not be con- planning. If we do not get this done, we you know in advance what is going to tinued, thereby making the trust fund will not have any chance to improve happen over the next 5 years or so, you vulnerable to raids in order to pay for our donor States. can start planning. You can plan your other programs. In every State, all 50 Oklahoma is a donor State. We have resources, plan your labor, plan the States, we have experienced problems many donor States, and that is prob- amount of construction that is going of people seeing an opportunity to steal ably the most sensitive single issue in to go on in each State so each State money out of the trust fund and raid it, the formulas, is how the donor States will get far more for each dollar spent and they do it. They have certainly are treated. But if we do not get this than they would get on just an exten- done it in my State of Oklahoma—not done, there is not going to be any sion. just the highway trust fund but other change. We are right now at 90.5 per- If we just get an extension, we are trust funds, too. I know there are many cent. If we had passed the bill we had not going to have any new border pro- States that have their own individual last year, which was a little more ro- gram. I think the border States, many highway trust fund where money is bust than this bill, by the end of that of them, should be the first ones down coming out of it. This is something we 6-year period, every State would have here to encourage that this bill be can protect at the national level by achieved at least a 95-percent return. passed, particularly those who are af- having firewalls. The firewalls are in- That is the return of money they have fected by NAFTA traffic. We have a tact in this bill. paid into the trust fund. special provision in here that takes There are a lot of reasons we have to As it is right now, in a lower amount, care of borders as well as corridors. In do this other than just having a high- this would raise it a modest amount the absence of this, with just an exten- way bill and getting more construc- but not that much further above 90.5 sion, we are not going to have any of tion. We have had the opportunity to percent. It would be an improvement, these provisions. talk about the complexities of a for- though. Without the bill, we are going to mula and all the things that are in a If we do not have a bill and are oper- have delay in the establishment of the formula. I believe it is worthwhile re- ating under extensions, there will not national commission to score how to peating some of them. be any new safety core programs to fund transportation in the future. We Formulas are not just, Are you a help the States respond to the thou- have been doing it the same way for large State or are you a small State? sands of deaths each year on the high- many years. There are better ways of They take into consideration many ways. In that respect, I think you have doing it. This bill establishes this com- things. There are the interstate main- to acknowledge that this bill is a mat- mission to study what innovative sug- tenance programs that are a part of the ter of life and death. There will be gestions might come from the States, formula, as are the interstate lanes, many more deaths if we do not have a ways we can do a better job of financ- the number of miles to be maintained, good highway bill. ing and getting private participation your National Highway System miles—

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4383 that is part of the formula—the Sur- The legislative clerk proceeded to So there are so many reasons we face Transportation Program, the total call the roll. should move forward with this bill. It lane miles, the Highway Bridge Re- Mr. INHOFE. Mr. President, I ask deals with transportation, jobs, stand- placement and Rehabilitation Pro- unanimous consent that the order for ard of living, quality of life. All these gram, the Congestion Mitigation and the quorum call be rescinded. things are touched in this bill. Yet we Air Quality Improvement Program, The PRESIDING OFFICER. Without seem to be awfully slow in moving it. which is very important. It has taken a objection, it is so ordered. I am hopeful that as much time as lot of time in committee to come up Mr. INHOFE. Mr. President, it has has been spent on this bill in the com- with something on which we could been agreed that anyone who wants to mittees, in the House, and so on, that agree. seek the floor can seek the floor, and we will be able to move forward and We have low-income States. Okla- we will be returned to the amendment not have a whole series of amendments homa is a low-income State. We have under consideration, which is the Bayh that seek to change everything. We low-population States, such as Wyo- amendment. We move to temporarily have already been through that. We ming and Montana. We have low-popu- set the Bayh amendment aside for the passed a bill in the Senate last year lation-density States. We have high-fa- purpose of the Senator’s statement. that was substantially higher. But be- tality-rate States. Everything I men- Mr. THOMAS. I thank the chairman. cause of the administration, because of tioned is part of the formula we are The PRESIDING OFFICER. The Sen- the ability to raise funds, it has to be working on. We have guaranteed min- ator from Wyoming is recognized. lower. So it is there for a reason. imum growth States, where growth is Mr. THOMAS. Mr. President, I come This idea that somehow we can very slow, but there is a factor that to the Senate to urge we move forward change it again, I am sorry, but there provides for a floor. We have guaran- with our highway bill. We have worked is some realism in terms of funding, re- teed minimum rate of return donor on this for a very long time. I was on gardless of what the program is. These States. the committee 6 years ago when we programs, of course, are to come from All are part of the consideration of a passed the original bill. We have not gas taxes and the highway system. So I very complex, very difficult formula passed it the last couple of years but think it is very important. that is the proper way to do it. Again, have simply extended it. I hope we can I happen to be chairman of the Parks we have said several times in the last 3 move forward. Subcommittee. This bill is very impor- days, it would have been a lot easier There are a number of issues before tant for park roads. They currently re- for Senator BOND and Senator BAUCUS the Senate that have immediate im- ceive about $165 million per year. This and Senator JEFFORDS and myself to pact. One of them is this highway bill, bill will change that. So it will be have put together a bill that did not as well as the Energy bill. about $1.4 billion over 5 years. Of have a formula; it just would do There are other conversations going course, the highways are an essential projects. But we elected not to do that on, disputes about a number of issues, element, particularly in the large in order to get the most miles for our but overall we are here to do some parks we have in the West. They do not money and to be the most fair with all work. This is something that is most have the State things, and so on. So it 50 States. important. Six extensions is six too is very important. Our forefathers were great when they many. We need a highway bill. I am not going to take a lot of time, talked about putting together this sys- One of the problems is all of our but I wanted to try to emphasize how tem where you have the House and the highway departments, as they work on important this bill is to most of us, and Senate. One is on population, the other highways, use contractors. Therefore, how important it is to get this bill is geographic areas. It is our responsi- they need to make contracts ahead of done, and also how much effort has bility to be sure that each of these time. They have to know what funds gone into the bill to bring it to this States is treated properly, is treated are available. So it is even more impor- point, and to discourage anyone from fairly. This bill has done that. tant for this particular activity to trying to make too many changes in The Senator from Indiana, Mr. BAYH, know what the funding is going to be has the pending amendment on the this bill because it has already been re- over time than it is in any other agen- floor. As I stated before, he has agreed viewed. It has already been bargained. cy of the Government. to set his amendment aside as soon as Concessions have already been made. Our State DOTs cannot make long- there are any coming down. We have a So we are ready to move forward. term plans unless they have some idea list of about seven or eight amend- Quite frankly, it seems to me like that of what the funding is going to be. So ments that different Members wish to is what we ought to be doing. So I urge projects are delayed in Wyoming, as I offer. This is the time to offer them. everyone to give some thought to this am sure they are in other States. One As Senator JEFFORDS said, come on bill. If they have ideas, let’s talk about down. We want you to come down and of our problems, of course, is we have a them, but let’s get this job done. Let’s offer it. You have much more time to short construction season. So it is par- get it out. spend on your amendments. You can ticularly important we be able to plan Mr. President, I yield the floor. explain them. We have all day today, ahead and know when the construction The PRESIDING OFFICER. The Sen- and we need to have these amendments is going to happen. ator from Minnesota. on the floor and considered. I know Federal funds account for nearly 70 Mr. DAYTON. Mr. President, I concur what is going to happen if we do not. percent of Wyoming’s Department of with the remarks of the Senator from We are going to get down toward the Transportation highway construction Wyoming. I also represent a Northern end of it. Who knows, there may be clo- budget. Even though we are relatively State with a very short construction ture invoked where you are almost out low in population, we have a large season. We were severely impacted last of time and everyone is going to be State and, therefore, lots of highways, year by the inability to reach an agree- yelling and screaming and crying they and so on. ment with the House and with the didn’t have adequate time to consider The long-term reauthorization of the President. But in fairness to all of us in their amendments. So let me get on bill, of course, will create jobs. Con- the Senate, we were not the holdup in record right now and say you have ade- tractors have to have the assurance that matter. quate time. We invite you to come necessary to commit themselves to As I said on numerous occasions to down and present your amendments for equipment and hiring people. It has the distinguished chairman of the com- consideration. As I said, Senator BAYH been said that $1 billion invested in mittee, Senator INHOFE, and to the has agreed to set his amendment aside Federal highways equals 47,500 jobs. We ranking member, Senator JEFFORDS, should you come down and want an are talking about, in this bill, $280, $290 we had a bipartisan agreement in the amendment considered. Come on down. billion over time, so think of the num- Senate that was best for Minnesota and We are open for business. ber of jobs that are involved. Of course, I think for virtually every other State. I yield the floor and suggest the ab- it also creates jobs in related indus- I have not heard anybody say they sence of a quorum. tries, such as those for engineers and have too much Federal highway or The PRESIDING OFFICER. The those involved with stone, concrete, transit money and don’t know what to clerk will call the roll. and fuel, and so on. do with it. But, unfortunately, we ran

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4384 CONGRESSIONAL RECORD — SENATE April 27, 2005 into the intransigence of the adminis- mittees, but we will have one right The PRESIDING OFFICER. Without tration a year ago, and with the insist- now. objection, it is so ordered. ence of the President, the concurrence AMENDMENT NO. 573 TO AMENDMENT NO. 567 The amendment (No. 573) was agreed of the House, and were unable to get Mr. INHOFE. Mr. President, on be- to. what the chairman of the Senate Fi- half of Senator SHELBY, I send an Mr. INHOFE. Mr. President, I thank nance Committee, Senator GRASSLEY, amendment to the desk, the Federal Senators SHELBY and SARBANES be- said was a fiscally sound and bal- Public Transportation Act of 2005, and cause we cannot really entertain anced—in terms of the highway trust ask for its immediate consideration. amendments that affect these titles fund revenues—measure in the Senate. The PRESIDING OFFICER. Without until we have them done. We are anx- So while I concur with the Senator objection, the pending amendment is ious to get the other two titles on the from Wyoming, I might also point out, set aside. bill. as it relates to this particular legisla- The clerk will report. I will repeat our plea for people to tion, the Democratic leader, Senator The legislative clerk read as follows: come over with their amendments be- REID, last week wrote to the Senate The Senator from Oklahoma [Mr. INHOFE], cause the Senator from Indiana has Republican leadership and urged that for Mr. SHELBY and Mr. SARBANES, proposes agreed that he would set his amend- this measure be brought up this week. an amendment numbered 573. ment aside when people come down, I commend Senator FRIST and Senator Mr. INHOFE. Mr. President, I ask with the understanding we would re- MCCONNELL for deciding to proceed on unanimous consent that further read- turn to his amendment upon comple- this very important matter for the peo- ing of the amendment be dispensed tion of those amendments. ple of this country rather than some of with. I yield the floor and suggest the ab- The PRESIDING OFFICER. Without the shenanigans that others were urg- sence of a quorum. objection, it is so ordered. The PRESIDING OFFICER. The ing upon them. So we are proceeding (The amendment is printed in the on a measured basis, but not with any clerk will call the roll. RECORD of April 26, 2005 under ‘‘Text of The legislative clerk proceeded to resistance or opposition by anybody on Amendments.’’) call the roll. this side of the aisle. Mr. INHOFE. Mr. President, let me Mr. INHOFE. Mr. President, I ask We voted overwhelmingly to proceed reemphasize to my friend from Indiana, unanimous consent the order for the on the motion to proceed earlier in the as soon as this amendment is disposed quorum call be rescinded. week. It is unfortunate timing that our of, we will return to the regular order, The PRESIDING OFFICER. Without long-planned Senate recess for next which is the pending Bayh amendment. objection, it is so ordered. week will truncate the process. But I This amendment, which was crafted Mr. INHOFE. Mr. President, let me share the Senator’s view that this bill on a bipartisan basis in the Senate repeat one more time, we are going to needs to be enacted as expeditiously as Banking Committee, provides $51.6 bil- be open for business, as we were today, possible. I hope the conference com- lion to address growing public trans- tomorrow. We will invite people to mittee will be able to proceed as quick- portation needs across the country. come down. ly as possible thereafter, while recog- It provides for record growth for pub- I want to get on the record right now, nizing the Senate bill has been, and lic transportation and for the first very often we go through this exercise continues to be, vastly superior to the time recognizes the growing needs in and when we get close to the end of the House version in terms of additional rural communities across the country, consideration of the bill, when cloture funding. Those are matters worth argu- including my State and the State of has been filed, everyone comes running ing about and, hopefully, prevailing on the Presiding Officer, Oklahoma, which and screaming, saying they want to because Minnesota needs the money has a rural population of greater than offer an amendment. Now is the time even as much as we need the bill to be 57 percent. In fact, in the final year of to do it. Members can bring them down completed. this bill, the rural transportation pro- anytime tomorrow. I certainly invite Mr. President, if there is no imme- gram is doubled over its TEA–21 levels. any Member to come down and offer diate business related to this meas- Additionally, it creates a new for- the amendment tomorrow. ure—I spoke earlier with the bill’s mula within the urbanized area for- f manager—I ask unanimous consent mula called the ‘‘Rural Low Density’’ that I have up to 10 minutes to speak formula. Rural transit is as chal- MORNING BUSINESS as in morning business. Is this a pro- lenging to provide as the distances be- Mr. INHOFE. Mr. President, I ask pitious time to do so? tween employment centers and health unanimous consent we now go into a The PRESIDING OFFICER. Is there care centers are great. period of morning business, where each objection? This amendment also creates a for- Senator may speak for up to 10 min- Without objection, it is so ordered. mula to recognize ‘‘growing States’’— utes. (The remarks of Mr. DAYTON are those locations which are forecast to The PRESIDING OFFICER. Without printed in today’s RECORD under grow more quickly than the average objection, it is so ordered. ‘‘Morning Business.’’) over the course of the next 15 years. f Mr. INHOFE. Mr. President, I suggest This change will allow those States, the absence of a quorum. which includes Oklahoma, to be NATIONAL SMALL BUSINESS The PRESIDING OFFICER (Mr. proactive with regard to their trans- WEEK COBURN). The clerk will call the roll. portation needs. Mr. KERRY. Mr. President, this The legislative clerk proceeded to Finally, this amendment makes sev- week, the Nation celebrates National call the roll. eral modifications to enhance the role Small Business Week. It is a time when Mr. INHOFE. Mr. President, I ask of the private sector in public transpor- all of us join together, without any unanimous consent that the order for tation. By creating opportunities for partisanship at all, to celebrate the the quorum call be rescinded. competition, public transportation hard work of millions of American en- The PRESIDING OFFICER. Without services can be provided more effi- trepreneurs. At the Small Business Ad- objection, it is so ordered. ciently. ministration Expo last night at the Mr. INHOFE. Mr. President, some I am happy to have had the oppor- Smithsonian, we recognized countless people are not aware that when you tunity to work with Senator SHELBY on Americans who have had the courage have something as massive as a high- the development of this amendment. I to put everything they have on the line way bill, it is not just the committee I look forward to working with him on in order to turn an idea into a business. chair, the Environment and Public final passage and a successful con- We celebrated the business people of Works Committee, but other commit- ference report. the year from all of the 50 States in the tees are involved, including the Fi- I ask unanimous consent that the country. nance Committee, the Banking Com- amendment be agreed to, that the lan- Today, these Americans, I think all mittee, and the Commerce Committee. guage be considered as original text as of us recognize, are much more than As of right now, we don’t have the ti- part of the substitute for the purpose small business owners. They are em- tles that come from those three com- of further amendment. ployers, community leaders, and they

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4385 are the people who give life to the they pay for the SBA budget many Dynamics, and Hewlett-Packard. Even American dream. Our small business times over with the tax revenues to the the State of Texas was treated as a owners not only remind us of the op- country. So supporting our small busi- small business. portunities that America provides to ness is a win-win proposition for Amer- An administration concerned with those who are willing to work for it, icans. We can afford it. The people small business ought to be outraged by but they remind us how much oppor- want it. Our economy needs it. these facts, and it ought to do some- tunity small business itself provides to That is why it is very hard to under- thing about it. This administration has all Americans. They drive our econ- stand why this administration does not facilitated the distortion of that Fed- omy, compromising over 99 percent of provide the full measure of support to eral agency contracting goal of 23 per- all firms and over half of our GDP. the SBA and to those businesses. The cent and, in fact, allowed a process to Two-thirds of all new American jobs SBA budget has been cut by over one- go forward that has undermined our are created by small businesses, and a third since 2001—the largest reduction ability to help the small businesses majority of Americans depend on their of any Federal agency, despite the fact that need it. small business employer for health in- that it is one of the few Federal agen- In addition, the administration has surance. Our small businesses are re- cies that completely pays for itself. refused requests for an audit. They sponsible for countless inventions and Those cuts would have been far greater have not taken substantive steps to re- innovations that have elevated the if Congress had not intervened. I am form the contracting process. They standards of living in our country and pleased to say, on a bipartisan basis have not prosecuted anyone for mis- for people around the world. with Senators on both sides of the representing their organization as a The entrepreneurial spirit I am talk- aisle, we joined together to intervene. small business. And now the adminis- ing about is alive and well in our coun- The chairwoman of the Small Business tration is supporting efforts to make it try, though it faces a number of par- and Entrepreneurship Committee, Sen- easier for the Energy Department to ticular challenges: rising health care ator SNOWE, and I have worked with shift money away from small busi- costs, imports, a reduction in the num- Members of both sides in order to pro- nesses. bers of people going into innovative vide the funding that was necessary A bipartisan Senate has repeatedly jobs and pursuing careers in the and to prevent further cuts from tak- stood up to the administration and sciences and in research and developing place. Time and again we have recalled them to account for being too ment. Nevertheless, three out of four ceived unanimous support in the Sen- willing to ignore the challenges that adults in America have considered ate to rebuff proposed administration face small businesses. It is time to starting a small business. With the ad- cuts that would have gone further. again join forces to assure that this vent of the Internet, those numbers are That is because supporting small busi- new challenge to small businesses, rapidly going up. nesses is not a partisan issue, and it which is the diversion of federal con- I know my colleagues are familiar never should be. We should not have to tracts and the distortion of the stand- with the Small Business Administra- fight so hard to provide support for ards that apply to what is a small busi- tion in a lot of different ways. We all something that so obviously benefits ness and what is a large business, understand how it is charged with de- all of us. ought to be appropriately adjusted. fending small business interests in the The administration loves to claim Small businesses are also particu- country. It helps small businesses the pro-business mantle, but if they larly hard hit by health care. Most tackle issues ranging from initial de- were candid with the American people, small business owners want to do right velopment issues and startup issues they would clarify that most of that by their employees. They try hard to and access to capital to Federal con- support, as we see in the Energy bill or do that, but too many of them just tracting and trade assistance. Those ef- the tax bill, means big business, not cannot afford to offer health care any- forts are working relatively well. Busi- small business. more. Premiums are rising faster than nesses such as Staples, Intel, Nike, If you look at the tax cuts, the ad- inflation or wages, with double-digit America Online, Eskimo Joe’s, ministration claims the tax cuts pri- increases in each in the last 4 years. Callaway Golf, FedEx, Hewlett-Pack- marily benefit small businesses, but in Since 2000, the premiums for family ard, Jenny Craig, Ben and Jerry’s, Win- reality, only the biggest small busi- coverage have gone up 59 percent com- nebago, Sun Microsystems, Outback nesses get the majority of those cuts. pared with inflation increases of nearly Steakhouse—you don’t think of them More than half of small business own- 10 percent and wage growth of over 12 as small businesses in need of Federal ers received less than $500 in tax cuts, percent. Some small businesses have assistance. But the fact is every one of and almost a quarter of those busi- reported premium increases of as much those businesses, and many more that nesses got no tax cuts at all. as 70 percent in one year. As a result, have become household names in If you look at energy policy, you can 5 percent fewer small businesses of- America, got their initial startup with see that while American families and fered health benefits to their workers Federal assistance, with venture cap- small businesses have struggled with in 2004 than in 2001. By contrast, 99 per- ital or loans from the SBA, which they gas prices, oil companies earned record cent of the businesses with 200 or more could not have gotten otherwise and profits in the fourth quarter of 2004. employees offer their workers health couldn’t get from traditional sources. Exxon-Mobil was up 218 percent. Con- insurance. Of 45 million uninsured Their owners have proven that some- oco-Phillips was up 145 percent. Shell Americans, almost two-thirds are times outstanding business ideas de- was up 51 percent. ChevronTexaco was small business owners, their employees serve a chance, even when traditional up 39 percent. BP was up 35 percent. and their families. lenders or venture capitalists won’t Show me the small business in Amer- So I think all of us understand that take that chance. ica, except the rare small business, in a nation founded on equity and So we can ask the question, how that saw that kind of growth in the equality of opportunity, it is important many of these businesses may not have fourth quarter of last year. for us to address the question of health made it without help from the SBA? You can also look at this disparity at care costs. We need a plan that gives How many jobs would have been lost? what is happening with respect to Fed- small business access to the range of How much tax revenue would have eral contracts right now. Congress set plan choices and consumer product pro- been lost to communities and the coun- the goal of the Federal government tections that are offered through the try? The benefits of small business ex- awarding at least 23 percent of its con- Federal Employees Health Benefits pansion are numerous: a stronger econ- tracting dollars to small businesses. So Program. And we need to give these omy, higher paying jobs, better pros- what did the administration do? They small businesses affordable options pects for women and minorities, inno- allowed $2 billion worth of contracts to through refundable tax credits and vation, cutting-edge products, in- be reported as going to small busi- Federal reinsurance plans that will re- creased opportunities for countless nesses when, in fact, they went to some duce premiums for everyone. Americans. of the largest businesses in the coun- Small businesses and entrepreneurs What is unique about the SBA invest- try. The money went to Raytheon, in are America’s single greatest economic ments is they pay for themselves and my State, Northrop Grumman, General resource. There is not a big business in

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4386 CONGRESSIONAL RECORD — SENATE April 27, 2005 America that did not begin in some- look at what the American military is military officials, including Gen. George one’s garage, someone’s attic, some- up against in this greatest projection Casey Jr., who commands the multinational one’s basement, where people did not of American power since Vietnam.’’ coalition forces, and Lt. Gen. David work out of a car for a period of time With his customary dedication, he Petraeus, commander of the NATO training mission here. in an effort to try to grow that busi- did not just visit Iraq; rather, he trav- She added that it’s essential that the new ness. Time and again small businesses, eled throughout the country for 10 days government, which will be put together in not large corporations, have pulled our and interviewed everyone, from gen- the coming months, include all elements of economy out of trouble by creating the erals to privates, high-ranking Iraqi of- Iraqi society, especially women. ‘‘I think it’s jobs and the products of the future. ficials to ordinary citizens, visiting fair to say that all of us today gave that For many entrepreneurs, the SBA is Members of Congress, fellow journal- message’’ to the leaders of the three main their only chance to earn their fair ists covering the war, and private con- ethnic factions in Iraq, the majority Shiites, share of the American dream. As we tractors involved in rebuilding Iraq’s the minority Sunnis and the Kurds. However, Boxer also indicated after the celebrate small businesses and entre- infrastructure. group’s meeting with the man who is ex- preneurship this week, we all have a re- His subsequent articles and columns pected to be Iraq’s next prime minister, sponsibility to defend that dream. We in The Hill provided many compelling Ibriham al-Jaafari, that he is not as upbeat need to ensure that the SBA is ade- accounts of personal realities there, as about the quality of the Iraqi police and se- quately funded. We need to ensure leg- well as very valuable insights. curity forces. islation never shortchanges small busi- Mr. President, I ask unanimous con- ‘‘My sense was that he was certainly in no nesses, and we need to provide a real sent that those articles be printed in rush to hand over security to his new police force,’’ she said. plan for small business health care. the RECORD. Other members of the Senate delegation The doors of opportunity must be open There being no objection, the mate- included Patty Murray (D–Wash.), Lamar to everyone. rial was ordered to be printed in the Alexander (R–Tenn.) and freshman Ken Sala- f RECORD, as follows: zar (D–Colo.). SENATORS ENCOURAGED BY PROGRESS IN IRAQ Salazar, who was making his first visit to ALBERT EISELE’S ARTICLES ON Iraq, said, ‘‘This trip has enforced the enor- IRAQ BAGHDAD, Mar. 23, 2005.—Senate Minority Leader Harry Reid (D–Nev.) led a bipartisan mity of the challenge in Iraq and the need to Mr. DAYTON. Mr. President, when I Senate delegation to Baghdad Tuesday and help the Iraqi people.’’ went to work in the Washington office left little doubt that the Senate will soon ap- of then-Senator Walter Mondale from prove an $81 billion supplemental appropria- ‘‘TRANSLATORS ARE A SPECIAL TARGET’’ Minnesota as a young, beginning legis- tion passed by the House last week, most of BAGHDAD, Mar. 25, 2005.—After 38 years in lative assistant in 1975, Al Eisele was a which will go to pay for rebuilding Iraq’s the United States, Paul Oraha is back in his Washington correspondent for the St. war-torn economy and countering insurgent native Baghdad and working only a short violence. distance from the neighborhood where he Paul Dispatch and Pioneer Press, Du- Reid and his six colleagues held a news grew up. But he’s not about to look up any luth Herald and News-Tribune, and conference at the end of a whirlwind one-day old friends who might still be around. other Knight-Ridder newspapers. In visit during which they met with top U.S. ‘‘We are a target now,’’ said Oraha, who 1976, after Senator Mondale was elected military and diplomatic officials in Iraq and works as a translator for the U.S. Embassy as Jimmy Carter’s Vice President, he leaders of the three internal factions com- and U.S.-led Multinational Coalition. named Mr. Eisele as his press secretary peting for control of the government being ‘‘Translators are a special target because and senior adviser, a position that Mr. established in the wake of the January elec- many Iraqis feel we are traitors because Eisele held for the next 4 years. tions. we’re working for Americans against Iraq. ‘‘He previously covered me as a Reid, who was making his first trip to Iraq, Oraha, 65, left Baghdad with his family in said the Senate will take up the supple- 1966 for Detroit, where his father, a Mercedes Washington correspondent for Min- mental appropriations bill when it returns Benz parts supplier, found work in the auto nesota newspapers during my 11 years after the Easter recess, and indicated there industry. While his personal history is dif- in the Senate, so I obviously know him is little real opposition to it. He stressed the ferent, Oraha’s situation is the same as thou- well,’’ Senator Mondale later ex- need for continued U.S. support for recon- sands of other Iraqis whose lives are at risk plained. ‘‘He was one of the most well- struction efforts, along with training Iraqi because they work for, or cooperate with, respected and knowledgeable reporters security forces to replace U.S. military per- the Multinational Coalition. in Washington, with a reputation for sonnel and help bolster the Iraqi economy Many Iraqi civilians, as well as military even-handedness, incisive reporting, and political structure. and security personnel, government officials ‘‘Everyone understands that reconstruc- and civic leaders have been killed or wound- and personal integrity, which is why I tion is an important part of the U.S. mission ed by Iraqi insurgents and foreign Islamic asked him to join my staff.’’ here,’’ he declared. extremists since the March, 2003 invasion After the Carter-Mondale adminis- Reid and his colleagues, who included four that ousted Saddam Hussein. tration, Mr. Eisele helped found the Democrats and two Republicans, all indi- Oraha, who later moved from Detroit to Center for National Policy in Wash- cated they are encouraged by signs of San Diego and served in the U.S. Navy, re- ington; was a fellow at the Institute of progress in carrying out the three-pronged turned to Iraq in July, 2004, now works and Politics at Harvard; served as an as- U.S. strategy of support for bolstering Iraq’s lives in the heavily guarded international sistant to Mr. William C. Norris, the security forces, economy and political sys- enclave in the middle of Baghdad known as tem. the Green Zone. A nearby bridge that com- founder and chief executive officer of ‘‘One of the people we met with today memorates the bloody 1958 coup in which Control Data Corporation in Min- called Iraq ‘an infant democracy,’ and we Saddam’s Baathist Party took power links nesota; and started his own literary can’t leave this infant alone,’’ said Minority the Karada neighborhood across the Tigris agency and international consulting Whip Dick Durbin (D–Ill.). ‘‘I believe what River where he grew up. firm, Cornerstone Associates. we are seeing here is good.’’ And even though there are constant re- For the past 101⁄2 years, this native Sen. Robert Bennett (R–Utah) compared minders of the terrorist threat—several mor- Minnesotan has been instrumental in this visit with an earlier visit he made last tar rounds hit the bridge on Monday night the success of The Hill, a nonpartisan, year. ‘‘I find a quiet optimism instead of a but did not injure anyone—Oraha feels the cautious optimism,’’ he said. He added, ‘‘I security situation is improving. nonideological newspaper covering think that the elections and the strength- ‘‘This area used to get hit almost every Congress, that he helped found. Indeed, ening of the Iraqi security forces have given day, but now it’s almost every other week,’’ the April 27, 2005, issue of The Hill in- us hope that the seed of democracy has been he said while smoking a cigarette and drink- cludes the 500th column Mr. Eisele has planted here. There’s still a lot to do and we ing coffee one recent morning outside the written since the newspaper’s inau- still have a lot to worry about, but the signs Rasheed Hotel where and he and many other gural issue of September 21, 1994. In ad- are more optimistic now than before.’’ Americans and foreigners live. ‘‘Security is dition, he has acted as a mentor for Even Sen. Barbara Boxer (D–Calif.), who the biggest problem here, but I think we’re more than 50 young journalists whom has been a leading critic of the Bush admin- making tremendous progress because the at- istration’s Iraq policy, seemed upbeat about tacks have slowed down. he helped train and who now work for the future of the new Iraq government. Oraha said he thinks most Iraqis ‘‘want us many major newspapers, magazines, Declaring that the success of Iraq’s future to be here and stay here. They’re very appre- and broadcast organizations. stability ‘‘greatly depends on the training of ciative that we got rid of Saddam and they Last month, Mr. Eisele traveled to Iraqi security forces,’’ she said, ‘‘we got a look forward to having a better life. But Iraq to get, as he wrote, ‘‘a firsthand very, very upbeat report’’ from the top U.S. they’re very concerned about the security

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4387 situation. They feel if it improves, they will Kirk added, ‘‘It’s all timing. We could roll after troops under his command discovered have an opportunity to rebuild their country down the road and drive by an IED and a the tunnel that prisoners had painstakingly and enjoy the benefits of democracy.’’ minute later, a vehicle behind us will get dug with the help of makeshift tools. However, Oraha cautioned that many hit.’’ Within hours of the discovery on the first Iraqis are concerned that the U.S. will not Kirk, 37, took his unit’s commander tunnel, a second tunnel of about 300 feet was take the drastic steps they feel are needed to through the city’s crowded streets to the detected under an adjoining compound in the discourage future terrorist activity. briefing from its base about 15 minutes camp, which holds 6,049 detainees. ‘‘They think the U.S. is not going to be away. ‘‘Our mission is to get him where he The discoveries came just hours before tough enough in dealing with the terrorists, needs to go, safely, escort troops or check on Brandenburg, who commands Multinational that they’re too concerned about the human soldiers at a checkpoint.’’ Force detainee operations in Iraq, toured the rights of terrorists who are blowing up peo- The heavily armed 36,000-pound, eight- camp with Gen. George Casey Jr., the top ple. They feel they will take that as a sign of wheel vehicles were first introduced to Iraq Army general in Iraq and commander of the weakness and operate with impunity. in 2003 as a replacement for the 1980s era Multinational Coalition, who was making his He added, ‘‘As an American, I believe in Abrams tanks and the less well-armored first visit to this remote desert camp in the Constitution and its guarantees of the Hummers, which many units are still using southwestern Iraq near the Kuwaiti border. rights of those accused of crimes. But I agree while they wait for Strykers to be delivered. Brandenburg said the prisoners, who in- with Iraqis that we have to be tougher with Every one of the Strykers in Kirk’s bat- clude Iraqis and suspected terrorists from terrorists. Many Iraqis think some of these talion has been hit by an IED at least twice, other Arab countries, probably were waiting people should be executed and the world according to Specialist Seth Christie, who for the dense fog that often rolls in at night should know about it.’’ rides in a partially exposed position atop from the nearby Persian Gulf before at- However, Oraha predicts that the new gov- Kirk’s Stryker. tempting their escape.’’ ernment that soon will be elected ‘‘is going So what’s it like to take a hit from an We get fog after midnight in which you to get tougher on terrorists because they’re IED?’’ can’t see 100 feet,’’ he said. ‘‘I think they going to have to answer to the Iraqi people, It scares the s--- out of you,’’ said were waiting on poor visibility and I think who are tired of terrorism.’’ Christie, 24, who was slightly injured when there was a good chance they would have his vehicle was hit by an IED in January and gotten out of the camp.’’ IMPROVISED EXPLOSIVES BECOMING MORE he was knocked back into the vehicle. ‘‘You Brandenburg, whose command also in- DEADLY IN IRAQ feel it in your chest, you feel it in your cludes the better known but smaller Abu teeth. Your lungs fill with smoke and every- Ghraib camp near Baghdad, said soldiers in MOSUL, IRAQ, Mar. 28, 2005.—They’re one of thing goes black.’’ charge of Camp Bucca suspected that an es- the worst nightmares for American military Christie’s buddy, Specialist Donald cape attempt might be in the offing because personnel or anyone traveling with them on Armino, also 24, agrees that IEDs are more they had found a small tunnel in another the dangerous roads of Iraq, even if you’re numerous and powerful than a few months part of the camp about five days ago, and surrounded by tons of armor plate and mov- ago. ‘‘They’re getting a lot bigger and a lot had been told by detainees that other tun- ing at high speed. more sophisticated,’’ he said, often con- nels were being dug. They’re called IED’s, military speak for cealing them more cleverly and magnifying Brandenburg also said that in recent days Improvised Explosive Devices, and they’re their power by tying a half dozen or more there were ‘‘people outside the camp who the devil’s own invention. 120-mm mortar shells together and setting we’re not used to seeing,’’ which was another These fearsome homemade weapons are re- them off by remote control, or using shaped indication that ‘‘something was going on.’’ sponsible for many of the more than 1,700 charges that can penetrate six inches of Brandenburg, who was spending the night deaths and 15,000 plus casualties suffered by steel. at the nearby Basrah airport while waiting U.S. and coalition forces since the invasion An even more vivid description of the de- for Gen. Casey to arrive from Baghdad Fri- of Iraq two years ago this month. And structive power of IEDs was provided by four day morning, said he was awoken at 1:30 a.m. they’re getting more deadly and numerous. young Marine reservists from Chicago who by an officer from Camp Bucca who said, ‘‘They’ve gone up exponentially in number were relaxing at the coalition’s main base ‘‘Sir, you won’t believe what we’ve found.’’ and they’re getting more powerful all the near the Baghdad airport while preparing to When Brandenburg and Casey arrived at time,’’ said Lt. Col. Michael Kurilla, whose return home last weekend. Camp Bucca, they were shown the tunnel’s 24th Infantry Regiment’s First Battalion pa- ‘‘What’s it like?’’ said Cpl. Johnny Lebron, exit point, which was outside the chain link trols the western half of this northern Iraq 31, whose unit driving armored Hummers fence and concertina wire that surrounds the city that has the highest number of attacks found and disarmed 19 IEDs and was hit by 21 camp’s eight compounds, each of which con- by insurgents of any city in Iraq. during six-and-a-half months in the northern tains more than 600 prisoners, and several Col. Kurilla was among some 50 Army offi- province of Babil, a part of the Sunni tri- smaller compounds. cers who briefed Gen. John Abizaid, com- angle dubbed ‘‘the triangle of death.’’ The prisoners had used a cut-away five-gal- mander of U.S. forces in the Gulf region, and ‘‘Well, it really rattles your cage. It’s an lon gas can attached to a 60-foot-long rope to Sen. Jack Reed (D–R.I.) on the military situ- experience you can’t describe. For four or haul the sandy soil out of the tunnel. They ation in Ninevah province on Easter Sunday five seconds, time seems to stand still.’’ apparently used makeshift tools to dig and at a coalition base near this city of two mil- Sgt. Timothy Jensen, 26, added, ‘‘The ex- reinforce the tunnel, and covered the entry lion, the third largest in Iraq. plosion hits and then everything goes black point inside the compound with a false floor Afterwards, the tall, handsome West Point and the breath is sucked out of your lungs. made from wooden slats from their beds, graduate from Elk River, Minn., explained You feel like you’re dead, floating in time- which in turn they concealed under two feet the challenge these devilish devices present less space. The first thing you worry about is of dirt. to his 800-man unit. the Marine next to you. Once I know my Ma- The detainees disposed of the dirt they had When his battalion arrived in Iraq last Oc- rines are good to go, we act on our objec- dug from the tunnel by flushing it down tober from Fort Lewis, Wash., it didn’t find tive.’’ their latrines, which gave camp officials an- a single IED while patrolling the streets of But Sgt. Jensen conceded that it’s hard to other clue that something was amiss when Mosul. But in November, it found three, fol- find those who place and detonate the IEDs. workers emptying the latrines complained lowed by 15 in December, 50 in January, and ‘‘You’re really not going to be able to get on that the filters on their trucks were getting 134 in February. One of his soldiers was them because they use remote devices from a jammed. killed when one of his unit’s heavily armored distance, and they’re really hard to find.’’ Col. James Brown, the commander of the Stryker vehicles was destroyed, and many Unlike the Marines, the soldiers in Mosul 18th Military Police Brigade that is in more have been injured. who are equipped with the heavily armed charge of Camp Bucca and Abu Ghraib, said ‘‘We’re still getting plenty of detonations, Strykers are thankful they have them. two detainees tried to escape 10 days ago but it’s almost constant,’’ said Col. Kurilla, ‘‘The Stryker is a fantastic vehicle, much were caught. He said the latest escape at- whose battalion has already earned 182 Pur- better than an up-armored Hummer,’’ said tempt was clearly planned to allow more ple Heart medals, given to those injured in Sgt. Kirk. ‘‘We’re really lucky to have them. than 100 prisoners to flee the camp. combat. I’ve got a lot of faith in this vehicle.’’ Brown said it is reasonable to assume that Sgt. Loren Kirk, a member of the 25th In- other tunnels will be discovered in other fantry Division’s First Brigade Stryker com- U.S. FORCES THWART MAJOR ESCAPE IN parts of the camp. bat team, described the constant danger SOUTHERN IRAQ Col. Brown said he made his troops view posed by the IEDs. CAMP BUCCA, IRAQ, Mar. 25, 2005.—U.S. the movie, ‘‘The Great Escape,’’ starring ‘‘We go all over Mosul and everybody gets military police Friday thwarted a massive Steve McQueen, about a group of American hit, even in the nice neighborhoods,’’ he said. escape attempt by suspected insurgents and prisoners in a World War II German POW ‘‘We can go a week without getting hit. It terrorists from this southern Iraq Army base camp, so they would think like people who just depends on where we are. We drive side- that houses more than 6,000 detainees when were bent on escaping from his facility.’’ by-side with cars on the street. They tend to they uncovered a 600-foot tunnel the detain- It’s a great movie,’’ he said. ‘‘The trouble give us a wide berth, and because of VBEDS ees had dug under their compound. is we tend to view life through the lens of [Vehicle-based Explosive Devices], we try to ‘‘We were very close to a very bad thing,’’ who we are and not who somebody else is. keep them at least 50 yards away.’’ Major Gen. William Brandenburg said Friday There are a lot of good lessons for us there.’’

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4388 CONGRESSIONAL RECORD — SENATE April 27, 2005 During Casey’s tour of the camp, thou- Cavallaro had spent eight days with Mar- some really shoddy ones. But I’ve seen some sands of the prisoners watched silently and tinez’s unit in Ramadi, a hotbed of insurgent American soldiers who get it. They’re taking sullenly as he and his entourage walked past resistance 75 miles west of Baghdad in an the Iraqis by the hand and showing them them, and as he climbed a watchtower for a area the soldiers call the ‘‘Wild West.’’ While what the right looks like.’’ panoramic view. she was there, an IED (Improvised Explosive If there’s one aspect of war reporting that As Casey walked past the compound where Device) killed four soldiers in an armored Cavallaro is critical of, it’s television. ‘‘I the second tunnel was discovered, a soldier Humvee. ‘‘It was huge, a big bomb,’’ she said. don’t know why it is, but most soldiers tend drove a large backhoe into the camp and ‘‘They are using more and more of them, and to get their news from TV. Images are so began digging up the tunnel. they are also more snipers. I have to admit, strong. They are projected in chow halls all Camp officials also showed Casey a large I felt in danger out there. I felt I was also a over Iraq, but it takes a dedicated effort for collection of makeshift weapons taken from target.’’ a soldier to look up news on the Internet. the detainees, including knives, slingshots, It was a routine patrol on a Sunday after- And when Cavallaro returns to her news- and even a fake flak jacket made from Mus- noon as Alpha Company searched a dan- paper’s Springfield, Va., office, what will she lim prayer shawls that resembled the real gerous neighborhood for a sniper who had be thinking about her last assignment? thing. killed three soldiers and wounded several ‘‘How much I hate leaving those soldiers ‘‘I am never amazed at what I see,’’ Bran- more. Cavallero was taking a photograph behind,’’ she said. ‘‘You can’t be here and be denburg said of the ingenious technique used when she heard a shot, very close by. embedded with soldiers and not care about by the detainees in their escape attempt. ‘‘I was probably six feet in front of him,’’ them, no matter how hard core you are. It At the end of his tour, Casey presented a she said. ‘‘I turned around and was horrified would take a really cynical person not to see special medal to the young woman soldier, to see him lying on the ground.’’ them as individuals. Specialist Lisa Wesson of Asheville, N.C., Martinez was wearing body armor, but the ‘‘I’ve seen reporters who are clearly anti- who discovered the larger tunnel during a bullet seemed to go under it, on the right military, and I don’t begrudge them that. routine investigation. side of his back. He was bleeding heavily and It’s their right. But in my writing and re- Camp Bucca is almost twice the size of Abu told her he couldn’t feel his legs. porting here, I consider my readership—what Ghraib, which was the scene of last year’s Medics quickly put Martinez in an armored would be of interest to the soldiers’ families prisoner abuse scandal that has prompted Humvee and took him to an aid station only and relatives? I get a lot of emails from read- widespread changes in the handling of de- minutes away. Cavallera rode with him, ers who want me to go hug their kids.’’ tainees. There are 3,243 detainees at Abu holding his hand and pleading with him in When she returns home, Cavallaro will Ghraib, and another 114 after a camp near Spanish to keep breathing and not fall continue to concentrate on the lives of the Baghdad International Airport, where Sad- asleep. men and women in uniform she has left be- dam Hussein and members of his deposed The medics told her Martinez probably hind. ‘‘I see myself as chronicling their time government are being held pending trials for would make it and she watched as a medical here—their triumphs, their tragedies, their crimes against humanity. evacuation helicopter took him to a field quality of life. I find the military as a fas- hospital. But a few hours later, she learned cinating theme for a writer. The stakes and EMBED CAVALLARO SEES WAR FROM THE that he had died. risks are high, but it’s incredibly reward- ‘‘It was a little bit more of an exclamation INSIDE ing.’’ point to this trip than I wanted,’’ she said. Baghdad, Mar. 31, 2005.—After four trips to ‘‘It just hurts when you lose a friend. It real- A SECOND TRIANGLE IS BUILT IN IRAQ report on the war in Iraq, no one understands ly hurts. the pluses and minuses of being embedded For Cavallero, who visited Iraq twice in BAGHDAD.—Much of the violence that has with the U.S. military better than Gina 2003 and once in 2004, it was a brutal re- plagued Iraq in the two years since U.S. Cavallaro. minder of how much more dangerous Iraq forces toppled Saddam Hussein has been On the one hand, the former congressional has become for both soldiers and embedded planned and carried out by insurgents and aide and staff writer for the Army Times journalists. terrorists based in the Sunni triangle north knows it would be impossible to do her job ‘‘Absolutely, it’s become more dangerous,’’ and west of this city of seven million people. without relying on the military for logistical she said. ‘‘When I first came here, the IED’s But another triangle, which had its origins support and protection in the dangerous hadn’t started and the insurgency didn’t in a chance meeting in Washington last combat zones she routinely visits. exist in any substantial way. I may be out of June, appears to be paying off for the Bush At the same time, she knows that the line saying this, but I agree with the mili- administration’s effort to create a fledgling bonds she forms with soldiers and Marines tary that only a small percentage of people democracy in Iraq, after Sunday’s election of make it more difficult to be an objective re- are disrupting things here, but they’re doing a prominent Sunni Arab as speaker of the porter, especially when one of them is killed a pretty good job of it. There’s never not a newly elected national assembly. The meet- or wounded. combat patrol. Whenever you go on patrol, ing between the two men who were preparing So it’s not surprising that the 45-year-old it’s always a combat situation.’’ to take over as America’s top military and Hillary Swank look-alike was still trying to Cavallaro, who writes for a predominantly diplomatic officials in Baghdad set in motion come to grips last week with the death of a military readership, has mixed feelings a three-pronged strategy involving the U.S.- 20-year-old soldier who had become her about journalists being embedded with led coalition forces, the American Embassy ‘‘buddy’’ and ‘‘little brother.’’ Spc. Francisco troops. and the Iraqi government. Martinez, a forward observer in a field artil- ‘‘I don’t know,’’ she said when asked if it The men are Gen. George Casey Jr., the lery unit, was killed by a sniper the day be- affects how she and other journalists report Army vice chief of staff who had just been fore while she was standing a few feet away. on the military. ‘‘I just think it makes it named commander of the multinational ‘‘I haven’t processed much of it yet,’’ she more difficult. I find the media is afraid to forces in Iraq, and John Negroponte, who was said, struggling with her emotions as she get around on its own in Iraq, and rightly so. about to trade his job as U.S. ambassador to prepared to return to Washington after nine They’re relying more on the military to get the United Nations for that of U.S. ambas- weeks in Iraq. them where they want to go, and as a result, sador to Iraq. ‘‘It’s very difficult to write about. When we the military is getting smarter about getting Casey spoke about the meeting late last go out on a patrol, I feel that I need to get its own story told. It almost seems like a lit- month. He was returning to Iraq after a on the ground with the soldiers, and I have tle bit of quid pro quo.’’ short vacation that ended with him briefing done that dozens of times, knowing it was She added, ‘‘I don’t necessarily consider President Bush and Secretary of Defense dangerous. But I always know I’m here vol- that a bad thing. The military will get you Donald Rumsfeld at the White House. Casey untarily, and the last thing I wanted to see around but it always wants to show you its flew back to Iraq aboard a 12-passenger C–37, was a soldier getting killed.’’ new sewage plant.’’ the military version of the business jet fa- But Martinez, who was with a Second In- Cavallaro was a reporter for the San Juan vored by corporate CEOs and celebrities. fantry Division brigade combat team that Star when she got a job as press secretary to ‘‘Right after I found out I was going to was transferred from Korea last September, then-Del. Carlos Romero Barcelo (D–P.R.), Iraq, John was in town and we agreed to get wasn’t just another soldier. but decided her heart was still in reporting together,’’ Casey said. ‘‘He stayed over on a ‘‘There’s always one gregarious soldier who and answered an ad in the Army Times. Saturday, and we met in the morning at the hangs out with reporters,’’ she said. ‘‘He was She says she still hears complaints from Pentagon.’’ my buddy, my shadow, my escort. He was soldiers about negative coverage of the war. The purpose of their meeting was to de- like a little brother. He stuck by me to make ‘‘The most frequent question I get is, ‘Do velop a plan to build on the Jan. 20 national sure I was safe. He was so young and so out- people back home care about us? Do they assembly elections that would restore a going, and so proud of what he was doing.’’ know we’re still here?’’’ measure of stability, allow the Iraqis to cre- She added, ‘‘I only knew him for a couple Asked for her view of how the war is going, ate a post-Saddam democratic government of days, but we had a lot in common. We Cavallaro says she’s ‘‘not in a position to and begin to rebuild their devastated econ- both grew up in Puerto Rico, and when you judge, but I do see the concept of Iraqi secu- omy and infrastructure. They agreed to are with someone in a combat environment, rity forces being the key to what happens focus on the elections as the organizing it doesn’t take long to get to know them.’’ here.’’ point for their plan. The two often conversed in Spanish and However, she added that ‘‘there are some When Casey arrived June 28 at Camp Vic- talked about life in their native Puerto Rico. really impressive Iraqi army troops and tory, the sprawling coalition headquarters

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4389 base outside of Baghdad, the first thing he predecessor, Lt. Gen. Ricardo Sanchez, to 400 in Iraq, and he visited many of them, in- and Negroponte did was put together a ‘‘red compare the two countries. cluding Army troops in Baghdad, Marines in team’’ composed of top aides from Casey’s ‘‘He said Iraq is 10 times harder.’’ Fallujah, the helicopter crews and a field ar- staff, the U.S. Embassy, the State Depart- tillery unit in Mosul, and soldiers at a re- ment and the Central Intelligence Agency FOR RHODE ISLAND’S REED, CODELS ARE mote desert base in Kuwait. and its British counterpart. SOLITARY AFFAIRS Reed, a member of the Armed Services ‘‘We felt we had to have a firm under- KUWAIT CITY, Apr. 6, 2005.—During the Committee, makes no apologies for being a standing of the enemy and the war we were Easter Week recess, when three other con- critic of the administration’s policy in Iraq, fighting,’’ Casey said. ‘‘I had our staff work- gressional delegations, consisting of 21 sen- and to a lesser extent, Afghanistan. ing on a plan that focused on the same basic ators and House members, were visiting Iraq, ‘‘My job is to be critical about what’s questions, the nature of the enemy and its the codel led by Sen. Jack Reed (D–R.I.), was going on and what needs to be improved,’’ he capabilities and intentions. After about 30 conspicuous for several reasons. said, adding, ‘‘I think my criticism has been days, we both came up with a product and we First, Reed, a West Point graduate and accurate, certainly in the operations in the merged them together and they pretty much former company commander in the 82nd Air- region, in that we didn’t organize ourselves reinforced each other.’’ borne, was the only member of Congress in for the appropriate occupation and stabiliza- The end result, Casey explained, was a plan his codel. tion’’ after Saddam Hussein was toppled, that consisted of four elements. Second, instead of traveling with a bat- which happened two years ago this month. First, it was decided that ‘‘the greatest talion of aides like those with the other ‘‘It took a long time to get the needed threat, apart from the insurgents and foreign codels, he was accompanied only by his legis- equipment in here for our troops. We made fighters, was people hoping for a return to lative assistant for military and foreign af- some serious errors in terms of de- Sunni dominance’’ of the Shiite majority fairs, Elizabeth King; Lt. Col. Vic Samuel, an Baathification efforts, rather than trying to and Kurdish minority. But it was clear that Army legislative liaison officer; and John incorporate the Sunnis, and disbanding the threat couldn’t be eliminated by military Mulligan, the Washington bureau chief of the Iraq Army. There’s a litany of problems.’’ force alone. Providence Journal. And although Reed has high praise for the ‘‘You don’t win a counterinsurgency [war] Third, instead of flying into Baghdad for a military effort here, he added, ‘‘You have to by military means,’’ Casey said. ‘‘You win by few hours of official briefings and then flying understand that this is not over yet, mili- integrating the political, economic and mili- to Jordan or Kuwait at day’s end, Reed spent tarily. And the notion that everything’s fine tary to produce a common outlook, by cut- the better part of four days hopscotching disregards the resilience of this insurgency ting off the insurgents from popular support. across Iraq, often aboard Blackhawk heli- and the deep-seated political, historical and A second element was to build up the Iraqi copters manned by National Guard units social forces that are at work. security forces, which called for creating 27 from Rhode Island; meeting with troops in ‘‘I think one of the greatest errors and Iraqi Army battalions. The first phase of some of the most dangerous parts of Iraq; misjudgments would be at this point, so to that plan, ‘‘a huge training and equipping and questioning top U.S. military and diplo- speak, to get out, because the area has one operation that is still going on,’’ Casey said, matic officials, and Iraqi security forces as or two months of relative quiet—this is a was completed last month, and the next well. long-term effort, and, in a way, the hardest phase, creating the Iraqis’ own command Fourth, Reed—unlike Senate Minority part, even now, is to revamp an economic structure, is under way. Leader Harry Reid (D–Nev.)—wasn’t making and political structure that doesn’t have ‘‘We felt we had to bring the insurgency to his first visit to this war-torn country, where that many democratic tendencies.’’ a level that could be contained by Iraqi secu- some 150,000 American troops and 24,000 Reed said Iraq has been ‘‘brought right rity forces while we helped them build a suf- troops from 23 other member nations of the back to almost where we began two years ficient capacity to deal with it. But it was U.S.-led multinational coalition are battling ago. And now we have the obligation to rein- clear that Iraqi security forces were not Muslim insurgents and terrorists while try- force military success with political and eco- ready to do that.’’ ing to help create a new government and re- nomic progress, and the question is, do we The third part of the plan was aimed at rebuild Iraq’s shattered infrastructure. have the resources and the capability to do building Iraq’s ruined economy. And finally, none of the other congres- that?’’ ‘‘On the economic side, we inherited a sional visitors can claim to have attended Reed also said he feels that civilian agen- hugely complicated and bureaucratic—I the U.S. Military Academy with Gen. John cies haven’t done enough to rebuild Iraq’s don’t want to use the word ‘mess,’ but I Abizaid, the overall commander of U.S. battered infrastructure by providing ‘‘the guess I will. There were so many different forces in the Persian Gulf region, or served soft power that you need to stabilize the [U.S.] agencies that had their fingers in it, in the Army with Maj. Gen. William Bran- country.’’ we felt we had to get ourselves organized to denburg, who oversees detainee operations in ‘‘This is a major effort,’’ he declared. deliver on the $18 billion aid package’’ ap- Iraq, including the infamous Abu Ghraib ‘‘We’ve got to get it right. There are things proved by Congress. ‘‘I’m not being critical prison. that we’re doing very well and again I’d say of these guys, but they put the package to- This was the fifth visit to Iraq for Reid, a that if we don’t, if we take our eye off the gether in Baghdad without consulting the 55-year-old Harvard lawyer and former in- ball, we could find ourselves right back people in the field.’’ structor at West Point. All but the first, in where we were six months or a year ago. This The Casey-Negroponte plan increased the 2002, have been solo affairs. And it may have place has the annoying habit of every time 230-plus economic aid and reconstruction been that one that convinced Reed to shun you turn the corner, there’s another corner. projects that existed in June, 2004 to more multimember codels. We might be turning the corner, but watch than 2,000 last month, and Casey predicts He was traveling with a half-dozen other out.’’ projects to spend all $18 billion will be in senators to Afghanistan, Iraq and Pakistan BATTERED FALLUJAH KEY TO IRAQ place by this fall. and nearing the end of the long, exhausting The fourth part of the plan was a two-part trip when the other members decided they FALLUJAH, IRAQ, Apr. 7, 2005.—This dev- communications strategy. ‘‘One was to drive didn’t want to get up early the next morning astated former insurgent stronghold west of a wedge between the insurgents and the pop- to visit an Army special forces unit near the Baghdad, where some of the worst violence— ulation, to demonstrate that the insurgents Pakistan border. and one of the grisliest scenes—of the two- and terrorists have nothing good to offer for But Reed insisted they go, he recalled dur- year war in Iraq took place, is shaping up as Iraq,’’ Casey said. ‘‘The other part was to try ing an early-morning interview here before the key to the success or failure of the Bush to change the image of the population to- returning to the United States on Monday. administration’s historic effort to reinvent ward the Coalition. ‘‘I got a little annoyed because these troops Iraq. ‘‘People always want to know, are we win- were expecting us to come.’’ That was evident last week as James Jef- ning the hearts and minds of the Iraqi peo- Reed said he feels he can learn more about frey, deputy chief of mission of the U.S. Em- ple, and I say, ‘No, that’s not what we’re the actual progress, or lack of it, by trav- bassy in Baghdad, came here to confer with here to do.’ The people of Iraq will never wel- eling alone.’’ the commander of the 23,000 Marines who come an occupying force. What we need is You can see a lot of places you couldn’t still patrol this dangerous region and to their consent.’’ necessarily go with others’’ because of secu- meet with some two dozen local police and Casey added, ‘‘All four of these lines of op- rity needs, he said as he wolfed down a government officials, Arab sheiks and Sunni eration are working together in an integral breakfast of baked beans, scrambled eggs, clerics. way between us, the embassy and the Iraqi fried potatoes and olives. ‘‘It helps me to be ‘‘This is the future of Iraq,’’ Lt. Gen. John government. That triangle—we actually able to do it on my own. You can’t substitute Sattler, commander of the 1st Marine Expe- have a triangle in our plan—has the Iraqi firsthand experience.’’ ditionary Force that drove Iraqi insurgents government at the top, us at one corner and He added, ‘‘I like to characterize myself as and foreign Muslim fighters out of the city the embassy at the other. someone who comes out here on a fairly fre- in an epic 11-day battle last November, told But while Casey said he is encouraged by quent basis to look at what’s happening on the local leaders as Jeffrey stood by. early progress in carrying out the ‘‘triangle the ground and then reach judgments about The salty-tongued Sattler, who was reas- strategy,’’ he cautioned that success is far what we can do to succeed.’’ signed to Camp Pendleton, Calif., at the end from certain. Casey, who earlier commanded Reed always makes it a point to visit of March, portrayed Fallujah as a crucial the 1st Division in Kosovo, said he asked his troops from his native state. There are about test of the U.S.-led multinational coalition’s

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4390 CONGRESSIONAL RECORD — SENATE April 27, 2005 ability to provide security, assure political We’re shifting from one level to another. and to the political committees that stability and rebuild Iraq’s shattered urban We’re dealing with the Iraqi mind and not are established and maintained by a centers. the U.S. mind. We’re trying to deliver the national political party which includes ‘‘If you can make Fallujah work, it be- goods, but it’s going to be a long process. It’s such enterprises as the Democratic and comes a status symbol and the whole Arab water running into one more house. It’s elec- world will be looking at what they have done tricity going into one more house.’’ Republican senatorial campaign com- for Fallujah,’’ he said. Sattler pointed out that more than 2,000 mittees, congressional campaign com- Sattler and Jeffrey also made it clear that government workers showed up for work in mittees, and other subdivisions and po- the prospects of reducing and eventually Fallujah the day before and ‘‘15,000 people litical committees of the national par- ending the commitment of some 175,000 U.S. came into town yesterday. There were less ties that are used to directly attack and coalition troops in Iraq will be greatly than a thousand in December.’’ Members of Congress for their reelec- enhanced if Iraqi security forces can be A few days later, Sattler repeated his mes- trained and equipped in sufficient numbers. tions or to assist challengers or to as- sage while hosting Gen. John Abizaid, com- sist incumbents. At the same time, they said, hundreds of mander of all U.S. forces in the Persian Gulf millions of dollars must be spent in Fallujah region, and Sen. Jack Reed (D–R.I.). It opened the door widely, broadly, in on economic reconstruction by creating jobs ‘‘A year ago, we had an insurgency that op- allowing Members of Congress to use and restoring basic services, including water, erated with impunity inside Fallujah,’’ their positions of power and influence sanitation facilities and electricity. Sattler said. But now there’s a growing part- to solicit these contributions from spe- ‘‘We’re at the very beginning stages now,’’ nership between U.S. troops and Iraqi secu- Sattler said. He and about a dozen other sen- cial interests on a year-round, round- rity forces that he said bodes well for the fu- ior Marine officers gave Jeffrey an update on the-clock basis and then turn those ture. the military situation in their region and, in moneys over in unlimited amounts to Sattler said, ‘‘We get a lot of visitors here, turn, heard Jeffrey describe the political sit- all of these other political activities. but you haven’t visited Iraq if you haven’t uation and economic reconstruction effort So at the same time this legislation visited Fallujah.’’ before they met with the local leaders. purported to restrict the ability of in- The meetings in Fallujah came almost ex- f dividuals to make these kinds of large actly a year after the world was subjected to expenditures on behalf of political the ghastly scenes of the charred remains of REGULATION OF 527 several American contractors whose bodies ORGANIZATIONS causes and candidates, it threw the door wide open for special interest were hung from a Fallujah bridge. The scene Mr. DAYTON. Mr. President, earlier was the prelude to the bloody battle in No- groups to do exactly what they said vember that drove insurgents from their for- today, as a member of the Senate Rules they were prohibiting. It is a terrible tified and well-armed base in Fallujah. Committee, I participated in a markup step in the wrong direction. It is evi- Jeffrey is running the U.S. Embassy until of legislation that purports to regulate dence, again, of why allowing incum- the arrival of Zalmay Khalilzad, the current the so-called 527 organizations. What bents to be involved in so-called elec- ambassador in Afghanistan whom President started out as campaign finance reform Bush nominated Tuesday to replace John tion law regarding their own self-inter- legislation in the view of many, both est is akin to giving a blowtorch to a Negroponte as ambassador to Iraq. Jeffrey Democrats and Republicans, in this gave the Marines an update on the overall pyromaniac. They simply cannot resist military, political and economic situation in body, unfortunately, turned, through the abuses that are available to them. Iraq. the amendment procedure and the I urge my colleagues to look at this He said coalition forces have made ‘‘tre- markup, into a very different kind of legislation cautiously as it proceeds to mendous progress’’ toward defeating the in- legislation. the Senate floor. It is a step in the surgent and al Qaeda elements in most areas I commend Senator LOTT, chairman wrong direction. I regret the action of Iraq, although the violence directed of the Rules Committee. He was emi- taken today. against coalition forces and Iraqis who are nently fair throughout and gave each cooperating with the coalition ‘‘is still very f worrisome.’’ one of us an opportunity to present our And he said that 100 50-man units of Iraqi amendments to be fully considered and HONORING OUR ARMED FORCES Army and security forces, including local po- voted upon. But one amendment that SERGEANT JOHN W. MILLER lice, are in place, of which about 50 are ready was introduced at the very outset, that Mr. GRASSLEY. Mr. President, I to be deployed nationwide. ‘‘That’s a huge was voted favorably upon by all mem- wish to recognize today the passing of difference and huge investment,’’ he said, bers of the majority caucus as well as a fellow Iowan who has fallen in service with between $5 billion and $6 billion already I believe one or two Democrats, but not spent and about an additional $10 billion to this country. Sergeant John W. Mil- committed by the end of this year. nearly enough to carry the legislation, ler, of the Iowa Army National Guard But it’s not the money, he said, ‘‘it’s the drastically shifted the bill to one that Company, A, 224th Engineer Battalion, mentoring and training that are important.’’ opens vast new opportunities for polit- was killed by a sniper on April 12 in Ar On the political front, he said the success- ical action committees, special inter- Ramadi, Iraq, while providing security ful outcome of the Jan. 30 elections has pro- ests, to increase their contributions for a road-clearing operation. He was 21 vided important momentum, but he ex- and for Members of Congress, Members years old and is survived by a father, pressed concern about the vacuum that ex- of the Senate to direct those moneys to ists until the newly elected national assem- Dennis, two brothers, James and Na- bly and its leaders are chosen. other political campaigns. than, and a sister, Jessica, who live in The problem, he said, is that ‘‘the old gov- Specifically, the amendment that the Burlington, IA area. ernment is not willing to take action, and was adopted increased the contribu- John Miller attended West Bur- the new government doesn’t exist yet. We’re tions allowed to political action com- lington High School and received his a bit frustrated, but that’s democracy.’’ mittees from $5,000 to $7,500. That is a high school diploma from Des Moines Finally, on the economic reconstruction 50-percent increase. Area Community College. He joined front, Jeffrey said $100 million has already been spent on Fallujah, with another $100 The amendment increased the the Iowa Army National Guard in million in the pipeline. amount of money that political action March of 2002 and was mobilized to go ‘‘Let’s face it: We’re winning,’’ he said. ‘‘It committees could contribute to na- to Iraq in October of 2004. He was post- needs to be said that we are winning. This is tional political parties from $15,000 to humously awarded the Bronze Star, a very, very, very difficult thing we’re under- $25,000. That is a 67-percent increase. Purple Heart, Global War on Terrorism taking, but we’re winning and we need to And it eliminated the restrictions on Expeditionary Medal, Global War on continue pouring resources into Fallujah.’’ Sattler acknowledged the difficulty of trade associations soliciting member Terrorism Service Medal, National De- finding the right local officials and working companies for those contributions fense Service Medal, Army Good Con- with them. ‘‘There’s dust on everyone here,’’ without prior approval of those compa- duct Medal, Army Service Ribbon, he said. ‘‘So you have to go down until you nies as well as limitations on the num- Army Reserve Component Achieve- find somebody without blood on his hands. ber of times each year they could be so- ment Medal and the Armed Forces Re- That’s the person you have to deal with.’’ licited. serve Medal with ‘‘M’’ device for Mobi- But one Agency for International Develop- Most egregious, the amendment that lization. He was also promoted to ser- ment official said more and more local lead- was adopted allows Members of Con- ers are willing to cooperate in the rebuilding geant posthumously. effort. gress to transfer unlimited amounts of I offer my condolences to John’s fam- ‘‘We’re beginning to see them at the table money from their leadership political ily and friends. Sergeant Miller’s bat- now, and they’re beginning to ask questions. action committees to national parties talion leader wrote that John ‘‘will

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4391 never be forgotten.’’ I ask all of my conclusion that this amendment will ington University and was there at the colleagues and fellow Americans to be ineffective at best and harmful at time of the Cuban missile crisis. I have join me in fulfilling that promise of re- worst. As it is currently written, the had the opportunity to watch what has membrance. We must remember John Schumer amendment will impose a tar- happened with Cuba through the years and his comrades who have fallen, their iff on all Chinese imports. Sponsors of and I am reminded of something my lives, and their sacrifices; for a Nation the amendment claim this measure is dad used to say: If you keep on doing that forgets her heroes will lose her di- necessary in order to compel the Chi- what you have always been doing, you rection, her strength, and her spirit. nese Government to revalue its cur- are going to wind up getting what you f rency. already got. I am a supporter of free trade. I also That is kind of been the situation NURSE ANESTHESIA PROGRAM believe that the benefits of free trade with Cuba. We have been trying the Mr. AKAKA. Mr. President, so often must be weighed against any harm same thing for 40 years—over 40 we talk about collaboration between that could be done to vital American years—and it has not worked. So I am the Departments of Veterans Affairs interests. Understandably, there is con- suggesting a change to get a few more and Defense. Today, we have a terrific siderable angst over the expanding people in there to increase conversa- example of such sharing. I specifically trade deficit between the United States tion for people that understand the want to call attention to an innovative and China. Still, this body should not way the United States works and the training program for nurse anes- be hasty to repeat a mistake of the way Cuba works and how they ought to thetists. In an attempt to maximize 106th Congress when it acted to support drift more rapidly towards where we scarce resources, VA and the U.S. a similar amendment to the 2000 China are. Army have pulled together their re- trade bill. Castro’s cruelty to his own people sources to help prepare VA for fields in Similar to what the Schumer amend- has tempted us to tighten the already anesthesia. ment proposes, provisions in the China strong restrictions on the relations be- Out of this joint VA/DOD effort has trade bill allowed the Federal Govern- tween our two countries, and we did. transpired one of the top Certified Reg- ment to impose a de facto tariff in the We need to be successful in bringing istered Nurse Anesthetist programs in form of dumping penalties against for- about a better way of life for the Cuban the country. The program offered at eign companies. The collected pen- people. the U.S. Army Medical Department alties were distributed to the compa- When we stop Cuban-Americans from Center and School at Fort Sam Hous- nies that filed complaints in the U.S. It bringing financial assistance to their ton, TX, has been said by its students should be noted that the WTO defines families in Cuba, and end the people to to provide top of the line Army train- ‘‘dumping’’ as a situation where goods people exchanges, and stop the sale of ing in the field of nurse anesthesia. are sold below price normally charged agricultural and medicinal products to This type of training can be carried in home market. By contrast, and to Cuba, we are not hurting the Cuban over to VA and will promote a seamless the consternation of our trade part- Government, we are hurting the Cuban transition for those servicemembers ners, domestic American companies people. We are diminishing their faith that need continued treatment upon have thought of dumping as goods and trust in the United States and re- return from active duty. being sold below price normally ducing the strength of the ties that In addition to the clinical training, charged in the U.S. market. Over the bind the people of our two countries. during the second phase of the pro- past 41⁄2 years since the bill was en- If we allow more and freer travel to gram, the students also receive invalu- acted, American companies have col- Cuba, if we increase trade and dialogue, able lessons that simply cannot be lected over $1 billion in penalties from we take away Castro’s ability to blame taught in just any training facility. By suits filed in the United States. the hardships of the Cuban people on sitting side by side with Army and Air While that might not seem like such the United States. In a very real sense, Force classmates, the students are able a bad thing, other governments have the better we try to make things for to gain a greater appreciation and un- been busy filing complaints with the the Cuban people, the more we will re- derstanding for the different branches World Trade Organization. They are duce the level and the tone of the rhet- of the armed services and the culture now determined to impose 15 percent oric used against us by Fidel Castro. of the military. Knowing that they are tariffs against American exporters as As I mentioned before, it seems fool- being cared for by someone who under- punishment for the American ‘‘dump- ish to do the same thing over and over stands their background and by some- ing’’ penalties. The costs of these tar- again and expect different results. That one who speaks their language, vet- iffs will be borne by all sorts of Amer- is what we are doing in Cuba. We are erans are provided with a level of com- ican manufacturers and exporters. continuing to exert pressure from our fort that can only be beneficial as they These tariffs will also punish American side and, as we do, we are giving Castro receive health care treatment. workers by making their work prod- a scapegoat to blame for the poor liv- This VA/DOD nurse anesthesia train- ucts uncompetitive in the global mar- ing conditions in his country in the ing program only provides a glimpse of ket. process. It is time for a different pol- the strides VA is making and hopefully I raise this parallel because it reveals icy, one that goes further than embar- will continue to make in training and to us the dangers of not seeking resolu- goes and replaces a restrictive and con- educating current and future health tion through an agreed-to and effective fusing travel policy with a new one care workers—despite budget con- framework provided by the WTO. The that will more effectively help us to straints. I applaud VA for its leader- strength of the American economy has achieve our goals in that country. ship to the health care community and always been based on the openness of The Freedom to Travel to Cuba Act for its collaborative efforts to ensure our markets. Unilaterally imposing is very straightforward. It states that quality health care. As ranking mem- tariffs on Chinese imports will act as the President shall not prohibit, either ber of the Committee on Veterans Af- an unfair tax on American exporters directly or indirectly, travel to or from fairs, I will continue to fight for vet- and that is a price we cannot afford to Cuba by United States citizens or erans and make sure that they receive pay. transactions incident to such travel. the health care that they deserve. f In 1958 the Supreme Court affirmed f our constitutional right to travel, but FREEDOM TO TRAVEL TO CUBA the U.S. Government then prohibited CHINESE TARIFFS ACT OF 2005 Americans from spending money in Mr. DOMENICI. Mr. President, on Mr. ENZI. Mr. President, on Monday, Cuba. We simply said, OK, you have a April 6, 2005, I voted against a motion April 25, I introduced a bill, S. 894, with right to travel, but try traveling with- to table amendment, No. 309, otherwise Senator DORGAN that will make a out spending a dime. known as the Schumer amendment, to small change in Cuba policy. It deals One of the reasons I became involved the fiscal year 2006–2007 Foreign Affairs only with travel provisions to Cuba. in this issue is because a Cuban-Amer- authorization bill. Upon careful consid- I have been watching Cuba since the ican from Jackson, WY, had been in eration of this issue I have come to the 1960s. I went to college at George Wash- Cuba visiting his family, doing his one

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4392 CONGRESSIONAL RECORD — SENATE April 27, 2005 visit a year. As he left and was on the to the men, women, and children who ADDITIONAL STATEMENTS plane coming back to Wyoming, one of suffered and were murdered at the his parents died. He could not go back hands of the Nazis in the death camps there for a year. Under the recent across Europe. In 1951, the Israeli TRIBUTE TO DAN TANG—SBA changes, he now would be unable to go Knesset designated an official day on SMALL BUSINESS OWNER OF back for 3 years. This is not a good sit- the Hebrew calendar, called Yom ha- THE YEAR uation for any family. Shoah, to commemorate the Shoah or ∑ Mr. ALLARD. Mr. President, I rise I must ask my colleagues why we are Holocaust. This important day falls on today to pay tribute to Mr. Dan Tang, continuing to support a policy that was May 5th. who has been named by the Small Busi- basically implemented 40 years ago. ‘‘Shoah’’ is the Hebrew word meaning ness Administration the Small Busi- Why are we supporting a policy that ‘‘catastrophe,’’ which speaks to the ness Owner of the Year. has had little effect on the government tragic destruction of nearly the en- Dan was born in China in 1962 and we oppose? Why don’t we improve our tirety of European Jewry during World was raised in Canton, China. At 19 policy so that it will improve condi- War II. Perhaps no other place has been years of age, Dan was forced to escape tions for the Cuban people and their so linked to the Shoah than Auschwitz, China. After eleven months in a ref- image of the United States? the liberation of which was solemnly ugee camp, he finally received a visa to The bill we are introducing makes marked earlier this year. travel to the United States. His dream real change in our policy toward Cuba Auschwitz now symbolizes the horror of becoming an American citizen began that will lead to real change for the suffered by millions in an expansive in California. He worked hard, saved people of Cuba. What better way to let network of camps and sub-camps that his money and found his way to Colo- the Cuban people know of our concern stretched throughout much of Europe. rado. for their plight than for them to hear Millions of people were deported to After moving to Aurora, CO, he met it from their friends, and extended these camps throughout the war. Many up with some friends who owned a local family from the United States. Or let were summarily executed. Others were Chinese restaurant. He accepted a job them hear it from the American people worked to death. Some were subjected offer to be the dish washer and began who will go there. The people of this to sadistic medical experimentation. working his way up in the business. He country are our best ambassadors and The death camp at Auschwitz was at went from washing dishes, then bussing we should let them show the people of the heart of the ‘‘final solution,’’ the tables and eventually was promoted to Cuba what we as a Nation are all slaughter of innocents for no other rea- become a cook. Always working long about. One thing we should not do is to son than that they were Jews. In addi- days and saving his money, Dan was play into Castro’s hands by continuing tion, Poles, Roma and other minorities eventually able to open his own res- to enact stricter and more stringent were transported to Auschwitz and taurant in 1990. The opening of the regulations and create a situation elsewhere for elimination. To put this Heaven Dragon was an enormous where the United States is easy to staggering human suffering into some achievement for him and his family. blame for the problems in Cuba. scale, the equivalent of roughly half Today the Heaven Dragon is one of Unilateral sanctions will not improve the current population of my home the best known family owned res- human rights for Cuban citizens. The State of Kansas was murdered at taurants in the Denver metro area. His rest of the world isn’t doing what we Auschwitz alone. reputation is so well known that on a are doing. They are being supplied by I have had the privilege of visiting recent visit to Denver, President Bush the rest of the world for everything Yad Vashem in Jerusalem to honor the requested his speciality, Peking Duck. that they need. Open dialogue and ex- memory of the victims of Shoah. The Dan Tang is a true American success change of ideas and commerce can legacy of the Holocaust encompasses story. He is a role model for hard-work- move a country toward democracy. the memory of those that perished as ing small business owners across the What better way to share the rewards well as those who survived. The testi- country who are creating their own of democracy than through people to monies of those who survived Ausch- American dream.∑ people exchanges. Unilateral sanctions witz and other death camps attest to f stop not just the flow of goods, but the the capacity of evil. At the same time, flow of ideas. Ideas of freedom and de- the lives of the survivors underscore TRIBUTE TO CONSTABLE BILL mocracy are the keys to positive the resilience of the human spirit and BAILEY change in any nation. the fact that good can and must prevail ∑ Mrs. HUTCHISON. Mr. President, Some may ask why we want to in- over evil. there is something in the Texas soil crease dialogue right now, why open Six decades after the smoldering that produces colorful characters. the door to Cuba when Castro behaves flames of the Shoah were extinguished, From Judge Roy Bean, the law west of so poorly. No one is denying that the we are still confronted with reality the Pecos, to Admiral Chester Nimitz, actions of Castro and his government that the embers of anti-Semitism could to racecar driver Richard Petty, Texas are deplorable, as is his refusal to pro- today be fanned into a consuming fire. has raised up men and women whose vide basic human rights to his people. As chairman of the Commission on Se- achievements and personal flair have But if you truly believe that Castro is curity and Cooperation in Europe, I am made our world not only a better place, dictator with no good intentions, how committed to confronting and com- but more interesting. can you say we should wait for him to bating manifestations of anti-Semi- One of Texas’ most popular people is behave before we engage. He controls tism and related violence at home and Harris County constable Bill Bailey. all the media in Cuba. The entire mes- abroad. I look forward to the upcoming Constable Bailey heads up a big oper- sage that is coming out unless we have OSCE conference in Cordoba, Spain, as ation, with 77 employees and a $4.3 mil- people interacting is his message. it will assess what measures countries lion annual budget. He has been a con- Keeping the door closed and hollering are or are not taking to confront anti- stable for 21 years, whose leadership at Castro on the other side does noth- Semitism. As a member of the Senate, was recognized when he was named ing. Let’s do something, let’s open the I have and will continue to support the president of the Texas Association of door and talk to the Cuban people. vital educational work of the United Counties. I encourage all of my colleagues to States Holocaust Memorial Museum This is a big achievement for anyone. take a look at S. 894 and join me in and other institutions. But Bill Bailey is not just anyone. this effort. While the world professed shock at Born Milton Odom Stanley, he was al- f the scope of the atrocities and cruelty ways a gregarious attention-seeking of the Holocaust, it has not prevented youth. Before he graduated from high COMMEMORATING HOLOCAUST genocides elsewhere, Bosnia, Rwanda, school, he landed his first job on a REMEMBRANCE DAY and now Darfur. We I can best honor radio station in Temple. He called him- Mr. BROWNBACK. Mr. President, in the memory of those killed during the self ‘‘The Lone Wolf.’’ light of the upcoming Holocaust Re- Holocaust and the survivors by giving When he graduated from high school membrance Day, I want to pay tribute real meaning to ‘‘never again.’’ in 1957, his career began to take off. He

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4393 was hired by a station first in Round ‘‘I’ve gotten more mail from citizens ticipated in the growth of Anchorage Rock, then in El Paso, where he en- who have had flats fixed than all the from small town to cosmopolitan me- rolled at Texas Western College. Radio other cops-and-robbers stuff we do,’’ he tropolis. He operated the restaurant was so good, he dropped out of college said. until 1999 when he retired. and took a job with a chain. He ended I have known Bill for years. We rode At Christmas George opened the res- up in Des Moines, IA, broadcasting as horses together on the Salt Grass Trail taurant to feed all of those who cared Lee Western. During his job there, he and in the Houston Rodeo. He is a fine to come free of charge. At least 1,500 had his first child, who was born over and good man. people, probably more, took advantage Texas soil even though the birth took Bill Bailey’s other activities include of this wonderful Christmas present. place in a Des Moines hospital. Bill serving part-time as an announcer at He was not merely a successful small Bailey’s mom sent him some dirt from the Texas Prison Rodeo for 15 years, businessperson, but a leader of the his hometown which he wrapped in and calling the calf scramble and grand small business community. George was sterile cloth and placed under the de- entry salute at the Houston Livestock proudest of his leadership role in the livery table. That is an authentic Show and Rodeo. He has been active in Alaska Coalition of Small Business Texan. that charity for 43 years. which advocated for the interests of On New Year’s Day, 1960, he tuned in It is no surprise that a man this tal- small business on issues from local to to listen to the University of Texas ented has had so many names: Milton national importance. He was also an play in the Cotton Bowl. Stanley, ‘‘Poogie’’, his nickname as he active member of the Holy Trans- ‘‘They cranked up ‘The Eyes of grew up in Galena Park, ‘‘Lone Wolf’’, figuration Greek Orthodox Church. Texas,’ and I just cried,’’ Bill said. ‘‘I Lee Western, Buffalo Bill Bailey and, George was what we in Alaska refer came home to Texas without a job.’’ finally, plain old Bill Bailey. to as a ‘‘super voter,’’ someone who Later, he walked into Houston radio Constable Bill Bailey may have had never missed the opportunity to vote. station KTHT to apply for a position. many names, but he has always been a Even in his final months as a resident The station had recently hired a man devoted family man, a believing Chris- of the extended care facility at Provi- from St. Louis by the name of Bill Bai- tian and a colorful credit to our State. dence Hospital, he insisted that he be ley and had invested heavily in a pro- Please join me in congratulating him brought to the polls to perform his motion using the song, ‘‘Won’t you as the City of Pasadena and the Pasa- duty as a citizen of Alaska and the come home Bill Bailey, Won’t you dena Rotary Club host Bill Bailey Day United States. come home?’’ The problem was, the on April 29, 2005.∑ I will miss George Kallas. Alaska will new man decided after two weeks to do ∑ just that and went back home to St. f miss George Kallas. Louis. GEORGE KALLAS f The station was desperate to recoup ∑ Ms. MURKOWSKI. Mr. President, my TRIBUTE TO BOB LIGOURI the cost of the advertising, so the deal State of Alaska is small in population presented to young Milton Odom Stan- but huge in territory, warmth and gen- ∑ Mr. HARKIN. Mr. President, 7 years ley was to become Bill Bailey. He kept erosity. In a State with a population of ago, Senator JIM JEFFORDS recruited the name ever since. somewhat over 655,000 people, whose me to join him as a volunteer for a lit- Two years later, Bill Bailey was largest community, the municipality eracy program in Washington, DC, hired by KIKK, known as KIKKer Coun- of Anchorage, has a population of called Everybody Wins! The program is try in Houston, not long before the about 275,000, the good deeds of people simple—spend one lunch hour a week Urban Cowboy nationwide country stand out. at an elementary school reading with a music craze. By 1979, Bill Bailey was The high level of civic engagement child. This is the ultimate power lunch. honored as the number one country exhibited by the people of Alaska is It didn’t take long and I was hooked. music broadcaster in a major market, impressive. Many Alaskans begin their It is the most important and rewarding and Billboard magazine named him morning with Rotary, take lunch at hour of my week. I also thought this Program Director of the Year. was a program we needed in Iowa. At the top of his profession, Bill Bai- the Chamber of Commerce, the World Three years ago, under the leadership ley noted that radio personalities were Affairs Council or Commonwealth beginning to coarsen their acts to get North, and spend their evenings sup- of Bob Ligouri, Everybody Wins! Iowa higher ratings. This went against the porting one of our many cultural, char- was launched. The Iowa program start- grain, because he knew young girls and itable and civic organizations. ed as a small pilot program in three grandmothers would listen to his show. Alaskans, whether life long residents central Iowa elementary schools in- Since he was opposed to using off-color of the State as I am, or people trans- volving 15 students and 15 adults. From humor, Bill Bailey began looking for a planted to The Great Land, like George those humble beginnings, Everybody way to switch careers. Kallas, play an active role in the life of Wins! Iowa has grown to over 200 volun- The opportunity came when a va- our communities. The difference be- teers in 12 central Iowa schools. cancy opened for constable in Harris tween a sourdough and a cheechako, a Starting a brand new non-profit orga- County Precinct 8. By this time, Bill newcomer, is not measured in lon- nization is not easy. There were volun- had a law enforcement commission as a gevity of residence. It is measured in teers to recruit, schools to identify, a reserve officer in the Galena Park Po- contributions to the community. board to create, paperwork to file and lice Department. In this respect, he Last Saturday, I joined with Alas- money to raise. Bob Ligouri built a was following in the footsteps of his kans in celebrating the life of George solid foundation for Everybody Wins! great, great, great grandfather, Kallas who passed away at the age of 81 Iowa. He adapted the national program Williamson County Sheriff Milton on April 19, 2005. George Kallas came to to better fit our State and put the or- Tucker, who captured the legendary Alaska in 1971. He was a native of Kan- ganization on the right track for future outlaw Sam Bass in 1878 the day after sas City and will be buried there. A growth. Bass had been mortally wounded by U.S. Army veteran of World War II, he Everybody Wins! Iowa was fortunate Texas Rangers in Round Rock. was a member of American Legion Post to have the opportunity to work with After winning a run-off election, he 28. Bob. He has long experience working worked hard to make his office more George’s business, the Beef and Sea with children as a coach of various ath- professional and improved every aspect Restaurant, on the Old Seward High- letic teams. He also led Special Olym- of its operations. Bill started many ini- way was a favored dining spot of Alas- pics here in Iowa for 10 years building tiatives in his office, not least of which kans and visitors alike. Located close it into an organization with 10,000 vol- is guarding the homes of astronauts to the heart of Alaska’s oil and gas in- unteers and athletes. while they are in space. dustry, it offered a touch of Alaska Bob Ligouri served as the executive Another measure was to provide pow- hospitality and a taste of Alaska crab director and later, as president of the ered impact wrenches with all his pa- to thousands who came to develop the board of directors for Everybody Wins! trol cars so deputies can rapidly Prudhoe Bay oilfield and the Trans Iowa for over 3 years. He planted the change tires for stranded motorists. Alaska Pipeline System. George par- seeds, nurtured them and watched

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4394 CONGRESSIONAL RECORD — SENATE April 27, 2005 them blossom into a strong literacy program that helps to bring scholars, By the time he came to lunch, he’d had three and mentoring organization. whose lives are in danger in their home more meetings, and taken several overseas As Bob Ligouri moves on to dedicate countries, to the United States. Once and domestic calls in his additional role as more time to a new business venture, I in the United States, the scholars are head of Lehman’s corporate advisory divi- express my sincere gratitude for the sion, with responsibility for compliance, in- matched with host universities accord- ternal audit, government relations, and the outstanding job he has done for Every- ing to their academic specialty and the documentation group. body Wins! Iowa. His dedication and needs of the university. In many ways, There was also some work in connection leadership was critical to the Iowa pro- this program is a win-win. The schol- with Lehman’s new products committee and gram and he will be missed.∑ ars, and in some cases their families, also the operating exposures committee, f are removed from harm’s way. Univer- both of which he chairs. There were a couple sities in the U.S. get top-rate scholars of matters related to the Institute of Inter- COMMENDING PATRICIA POLAND national Education, which administers the to teach and conduct research, while ∑ Mrs. CLINTON. Mr. President, I am State Department’s Fulbright Program, and IIE helps to defray some of the costs to whose executive committee he heads. pleased today to recognize the out- these institutions. standing service of Patricia ‘‘Judy’’ And yes, there was a one-hour workout at Of course, everyone would prefer that a gym before his workday started. Poland, who retires in May after 30 these scholars were able to remain in Were there enough hours in the clock for years of dedicated efforts on behalf of their home countries shaping the intel- him, the reporter—whose own deadline driv- the U.S. Army. For three decades, Miss lectual culture there, especially the en schedule had spawned portliness, in con- Poland has worked at the Army’s Re- scholars themselves. But, these are trast to his guest’s dapper trimness—asked Mr. Russo, cruiting Battalion in Albany, NY. She cases where there is no other option. It retires as the Battalion’s Chief of Ad- ‘‘In everything I do, I always ask myself, is either leave or be killed. And we ‘Am I doing the best that I can?’ ’’ Mr. Russo vertising and Public Affairs. have a moral responsibility to help Miss Poland began her Government said. ‘‘If you feel good about what you do, these scholars escape and continue then you can be at peace with yourself.’’ service in 1973 and has spent her entire their work, in hopes of one day return- He’s handsomely compensated for what he career in the field of public affairs. It is does. Lehman gave him $3 million last year, fitting to note, therefore, that she ening and advancing the knowledge base in their home nations. making him the highest-paid corporate legal tered Federal service at the same time counsel in America after General Electric’s One only has to look at the news- that the Army began its daring initia- chief lawyer, Benjamin Heineman Jr., who paper to see that there is virtually un- tive to become an All-Volunteer Force. drew $4.3 million, according to a survey by limited demand for this program. Let Miss Poland’s career spanned the full Corporate Legal Times. gamut of recruiting slogans, each of me read a few sentences from an article Mr. Russo certainly earns his salary and bonuses, especially these days when Wall which reflected the changing tempera- in last Wednesday’s Washington Post, entitled ‘‘Attacks Across Iraq kill 12, Street is under increased scrutiny by regu- ment of the Nation, from ‘‘Today’s latory institutions on account of assorted Army Wants to Join You,’’ through Wound Over 60’’. The article reads: ‘‘Elsewhere in the capital, masked men scandals concerning corporate behavior. As ‘‘Be All You Can Be’’ to the current Lehman’s chief legal officer, its Mr. Russo’s ‘‘Army of One.’’ She leaves an All-Vol- shot and killed a professor, Fuad responsibility to ensure strict compliance unteer Army sustained by successful Ibrahim Mohamed Bayati, as he left with the law—particularly the 2002 Sarbanes- recruitment. home for the University of Baghdad, Oxley Act on accounting and governance—on Judy Poland’s efforts in Albany, NY, police said.’’ the part of the firm’s 20,300 employees. contributed greatly to the Army’s suc- Tom Russo and his colleagues, in- Indeed, Mr. Russo was a key player in cluding Henry Jarecki, a board member bringing about the record $1.4 billion settle- cess. Recognized for her leadership, for ment by 10 Wall Street companies in April most of her service she has headed her of IIE, and Alan Goodman, the president of IIE, have worked tirelessly to 2003. Lehman, which paid $80 million in department, she has held the uncondi- fines—Citigroup paid $400 million—was tional trust of several thousand rebuild this program. I know this because among those accused by the Securities and cruiters, and her institutional knowl- on several different occasions I have Exchange Commission and New York State edge has eased the way for more than a met with Henry, Alan, or Tom about Attorney General Eliot Spitzer of conflicts dozen battalion commanders. the scholar-rescue program. It is abun- of interest while aiming to increase their in- From her early service pounding a dantly clear from our conversations vestment-banking business. manual typewriter under leaking that they are deeply involved with the ‘‘The whole episode was bad for the indus- program and are passionate about the try, it was bad for business,’’ Mr. Russo said. steampipes in a basement, she has not ‘‘It could be cited as an example of us being only seen the Army change and grow good work that it is doing around the our own worst enemy. While some have ac- into a service on the cutting edge of world. While the scholar-rescue pro- cused regulators for being excessively zeal- technology but she has facilitated that gram cannot prevent every tragedy, I ous, for the most part the industry brought growth. can attest it is making a difference. I this upon itself.’’ As Judy Poland leaves Government also know that, instead of resting on What about the continuing tensions and service to pursue goals and hobbies their laurels, Mr. Russo, Dr. Jarecki, torque of his work, the reporter asked. How postponed for 30 years, I offer not only Dr. Goodman, and others are laboring does he go about ensuring compliance with congratulations on her accomplish- day and night to expand the program the law in such a large organization as Leh- man? ments but heartfelt thanks for her self- to come to the aid of more scholars and ‘‘The only way to regain investors’ trust is less service to our great Nation. I send their families. to create a culture of doing the right thing,’’ to her my best wishes for continued I appreciate all Mr. Russo is doing Mr. Russo said. ‘‘I always say to my col- success.∑ and wanted to bring his work to the at- leagues, ‘If it feels wrong, just don’t do it.’ f tention of the Senate. I encourage all You cannot compromise your integrity. Ev- of my colleagues to read about Tom eryone in financial services always needs to TOM RUSSO AND THE SCHOLAR- Russo and the scholar-rescue program. keep in mind that, first and foremost, cus- RESCUE PROGRAM I ask that an article from the New tomers must be served to the best of our ∑ Mr. LEAHY. Mr. President, today I ability. I cannot emphasize enough the im- York Sun on Mr. Russo be printed in portance of doing the right thing.’’ wish to make a short statement on the the RECORD. Mr. Russo’s emphasis on ‘‘doing the right work of Tom Russo. Mr. Russo is a vice There being no objection, the article thing,’’ and his probity, has acquired an al- chairman of Lehman Brothers, making was ordered to be printed in the most mythic dimension in the financial serv- his time some of the most valuable RECORD, as follows: ices industry. Some 84 million Americans time in the world. But, it is precisely [From the New York Sun, Apr. 11, 2005] have invested more than $14 trillion in the equities markets in the United States; more what Mr. Russo does with this time LEHMAN’S RUSSO: ‘‘CREATE A CULTURE OF than 3.2 billion shares are typically traded that I would like to speak about here DOING THE RIGHT THING’’ today—in particular his work with the on the New York Stock Exchange and (By Pranay Gupte) Nasdaq every day. Institute of International Education— Thomas Russo, vice chairman of Lehman That emphasis on morality is transmitted IIE—and the scholar-rescue program. Brothers Incorporated and the 155-year-old by Mr. Russo not only to his associates at Mr. Russo has played a leadership investment bank’s chief legal officer, had Lehman (which he joined in January 1993). role in working with IIE to establish a started this day with a meeting at 7:30 a.m. It’s a message that he conveys to hundreds of

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4395 other professionals, students, and young peo- MESSAGES FROM THE PRESIDENT for persons in the field of membership of a ple with whom he comes into contact each Federal credit union to money order, check year through institutions such as the IIE, Messages from the President of the cashing, and money transfer services. the Economic Club of New York, the Foreign United States were communicated to H.R. 1158. An act to reauthorize the Steel Policy Association, the Fellows of the Phi the Senate by Ms. Evans, one of his and Aluminum Energy Conservation and Beta Kappa Society, and U.S. Council for secretaries. Technology Competitiveness Act of 1988. H.R. 1236. An act to designate the facility International Business. f He’s not a proselytizer, nor is his style of the United States Postal Service located preachy. The soft-spoken Mr. Russo learned EXECUTIVE MESSAGES REFERRED at 750 4th Street in Sparks, Nevada, as the the art of subtlety from his late father, As in executive session the Presiding ‘‘Mayor Tony Armstrong Memorial Post Of- fice’’. Lucio, a Staten Island lawyer who was also a Officer laid before the Senate messages member of the state Assembly for 22 years. H.R. 1524. An act to designate the facility He also learned forthrightness and resource- from the President of the United of the United States Postal Service located fulness from his late mother, Tina, who en- States submitting sundry nominations at 124333 Antioch Road in Overland Park, couraged him to get summer jobs on the which were referred to the appropriate Kansas, as the ‘‘Ed Eilert Post Office Build- floor of the American Stock Exchange; it committees. ing’’. was his mother who elicited his continuing (The nominations received today are The message also announced that the involvement with the March of Dimes, where printed at the end of the Senate pro- House has agreed to the following con- he’s vice chairman. (His parents died in a car ceedings.) current resolutions, in which it re- accident last year.) ‘‘I figured out early in life that success is f quests the concurrent of the Senate: a matter of focus and energy,’’ Mr. Russo MESSAGES FROM THE HOUSE H. Con. Res. 41. Concurrent resolution rec- said. ‘‘If you find something that you like to ognizing the second century of Big Brothers do, then you’ve got to do it with all your At 11:12 a.m., a message from the Big Sisters, and supporting the mission and passion.’’ House of Representatives, delivered by goals of that organization. It’s an attitude that helped him ace under- Ms. Niland, one of its reading clerks, H. Con. Res. 96. Concurrent resolution rec- graduate studies at Fordham University, and announced that the House disagree to ognizing the significance of African Amer- Cornell University, where he earned an MBA ican women in the United States scientific the amendment of the Senate to the community. as well as a law degree. Mr. Russo was also resolution (H. Con. Res. 95) estab- elected to the honor societies Phi Beta The message further announced that lishing the congressional budget for Kappa and Phi Kappa Phi. It’s an attitude pursuant to section 101(f)(3) of the the United States Government for fis- that helped him distinguish himself as a Ticket to Work and Work Incentives cal year 2006, revising appropriate young lawyer at the SEC, which he joined Improvement Act of 1999 (Public Law budgetary levels for fiscal year 2005, after Cornell. 106–170), and the order of the House of It’s an attitude that helped him become and setting forth appropriate budg- January 4, 2005, the Speaker appoints partner and member of the management etary levels for fiscal years 2007 the following member on the part of committee of the prestigious law firm through 2010, and agree to the con- Cadwalader, Wickersham & Taft. And it’s an the House of Representatives to the ference asked by the Senate on the dis- attitude that most certainly helped land him Ticket to Work and Work Incentives agreeing votes of the two Houses there- the job of the first director of the Com- Advisory Panel: Mr. J. Russell Doumas on; and appoints the following Mem- modity Futures Trading Commission’s Divi- of Columbia, Missouri to a 4-year term. bers as the managers of the conference sion of Trading and Markets. (Mr. Russo is The message also announced that also the author of two books on federal secu- on the part of the House, Mr. NUSSLE, pursuant to 40 U.S.C. 188a, and the rities and commodities laws, and frequently Mr. RYUN of Kansas. order of the House of January 4, 2005, writes for trade and mainstream publica- The message also announced that the the Speaker appoints the following tions on commodities, securities, banking, House disagree to the amendments of Members of the House of Representa- and financial market regulation.) the Senate to the bill (H.R. 1268) mak- His career has fetched him numerous hon- tives to the United States Capitol Pres- ing emergency supplemental appropria- ors. The National Law Journal listed him as ervation Commission: Mr. LEWIS of tions for the fiscal year ending Sep- one of the ‘‘100 Most Influential Lawyers in California. America.’’ Not long ago, Mr. Russo was an tember 30, 2005, to establish and rapidly The message further announced that inaugural inductee into the Futures Industry implement regulations for State driv- pursuant to 40 U.S.C. 188a, and the Association Hall of Fame. These honors are er’s license and identification docu- to be savored, of course, but Mr. Russo isn’t order of the House of January 4, 2005, ment security standards, to prevent the Minority Leader appoints the fol- one to brag about them. During lunch, in terrorists from abusing the asylum fact, he credited his colleagues and parents, lowing Member of the House of Rep- laws of the United States, to unify ter- and averred: ‘‘I’ve been enormously lucky in resentatives to the United States Cap- my life.’’ rorism related grounds for inadmis- itol Preservation Commission: Ms. sibility and removal, to ensure expedi- There’s one aspect of his luck that Mr. KAPTUR of Ohio. Russo chooses to highlight—his wife, Marcy, tious construction of the San Diego who helps run a Jewish educational founda- border fence, and for other purposes, f tion; and his children: twin daughters Alexa and agree to the conference asked by MEASURES REFERRED and Morgan, 15, and son Tyler, 9. the Senate on the disagreeing votes of The reporter obtained a sense of how much The following bills were read the first Mr. Russo’s family shares his dedication to the two houses thereon; and appoints and the second times by unanimous education and cultural bridge-building— the following Members as the managers consent, and referred as indicated: which he said were essential not only for sus- of the conference on the part of the H.R. 28. An act to amend the High-Per- taining America’s economic might but also House: Mr. LEWIS of California, Mr. formance Computing Act of 1991; to the Com- for engendering enhanced awareness overseas YOUNG of Florida, Mr. REGULA, Mr. mittee on Commerce, Science, and Transpor- of the homespun values of tolerance, friend- ROGERS of Kentucky, Mr. WOLF, Mr. tation. ship, and hospitality that serve as KOLBE, Mr. WALSH, Mr. TAYLOR of H.R. 749. An act to amend the Federal underpinnings of American society. Credit Union Act to provide expanded access North Carolina, Mr. HOBSON, Mr. On the evening after the lunch with Mr. for persons in the field of membership of a Russo, he’d invited several young Fulbright BONILLA, Mr. KNOLLENBERG, Mr. OBEY, Federal credit union to money order, check scholars from Iraq, India, China, Syria, and Mr. MURTHA, Mr. DICKS, Mr. SABO, Mr. cashing, and money transfer services; to the other countries to his Fifth Avenue apart- MOLLOHAN, Mr. VISCLOSKY, Mrs. LOWEY Committee on Banking, Housing, and Urban ment for a reception. The view of Central and Mr. EDWARDS. Affairs. Park was stunning; the food was scrump- At 3:00 p.m., a message from the H.R. 1158. An act to reauthorize the Steel tious. But the highlight of the evening was House of Representatives, delivered by and Aluminum Energy Conservation and clearly violin renditions of Bach by Alexa Mr. Hays, one of its reading clerks, an- Technology Competitiveness Act of 1988; to and Morgan, accompanied on the piano by nounced that the House has passed the the Committee on Energy and Natural Re- their fellow student from the Dalton School, sources. Gennifer Tsoi. following bills, in which it requests the H.R. 1236. An act to designate the facility They often give such performances, Mr. concurrence of the Senate: of the United States Postal Service located Russo said, they visit senior citizens’ homes H.R. 28. An act to amend the High-Per- at 750 4th Street in Sparks, Nevada, as the and hospices to give comfort and spread good formance Computing Act of 1991. ‘‘Mayor Tony Armstrong Memorial Post Of- will through their music. The reporter H.R. 749. An act to amend the Federal fice’’; to the Committee on Homeland Secu- thought: Like father, like daughters.∑ Credit Union Act to provide expanded access rity and Governmental Affairs.

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4396 CONGRESSIONAL RECORD — SENATE April 27, 2005 H.R. 1524. An act to designate the facility EC–1955. A communication from the Pro- tion, Department of Transportation, trans- of the United States Postal Service located gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule at 12433 Antioch Road in Overland Park, tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives: Fair- Kansas, as the ‘‘Ed Eilert Post Office Build- mitting, pursuant to law, the report of a rule child Aircraft, Inc., SA226 and SA227 Air- ing’’; to the Committee on Homeland Secu- entitled ‘‘Amendment of Class E Airspace; planes’’ ((RIN2120–AA64) (2005–0185)) received rity and Governmental Affairs. Cocoa Beach Patrick AFB, FL and Class E4 on April 26, 2005; to the Committee on Com- Airspace Cocoa Beach Patrick AFB, FL’’ merce, Science, and Transportation. The following concurrent resolution EC–1965. A communication from the Pro- was read, and referred as indicated: ((RIN2120–AA66) (2005–0084)) received on April 26, 2005; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- H. Con. Res. 96. Concurrent resolution rec- Science, and Transportation. tion, Department of Transportation, trans- ognizing the significance of African Amer- EC–1956. A communication from the Pro- mitting, pursuant to law, the report of a rule ican women in the United States scientific gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Boeing community; to the Committee on the Judici- tion, Department of Transportation, trans- Model 747–100, 100B, 100B SUD, 200B, and 300 ary. mitting, pursuant to law, the report of a rule Series Airplanes; and Model 747SR and 747SP Series Airplanes’’ ((RIN2120–AA64) (2005– f entitled ‘‘Establishment of Class E2 Air- space; and Modification of Class E5 Airspace; 0186)) received on April 26, 2005; to the Com- EXECUTIVE AND OTHER Newton, KS’’ ((RIN2120–AA66) (2005–0081)) re- mittee on Commerce, Science, and Transpor- ceived on April 26, 2005; to the Committee on tation. COMMUNICATIONS EC–1966. A communication from the Pro- Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- The following communications were EC–1957. A communication from the Pro- tion, Department of Transportation, trans- laid before the Senate, together with gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- accompanying papers, reports, and doc- entitled ‘‘Airworthiness Directives: McDon- mitting, pursuant to law, the report of a rule uments, and were referred as indicated: nell Douglas Model DC 9–10, 20, 30, 40, and 50 EC–1947. A communication from the Gen- entitled ‘‘Revocation of Class E Airspace; Series Airplanes; and Model DC 9–81 and DC eral Counsel of the Department of Defense, Palmer, MA; Direct Final Rule; Request for 9–82 Airplanes’’ ((RIN2120–AA64) (2005–0187)) transmitting, a report of proposed legisla- Comments’’ ((RIN2120–AA66) (2005–0087)) re- received on April 26, 2005; to the Committee tion relative to the National Defense Au- ceived on April 26, 2005; to the Committee on on Commerce, Science, and Transportation. thorization Bill for Fiscal Year 2006; to the Commerce, Science, and Transportation. EC–1967. A communication from the Pro- EC–1958. A communication from the Pro- Committee on Armed Services. gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- EC–1948. A communication from the Prin- tion, Department of Transportation, trans- tion, Department of Transportation, trans- cipal Deputy, Personnel and Readiness, Of- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule fice of the Under Secretary of Defense, trans- entitled ‘‘Airworthiness Directives: Rolls- entitled ‘‘Airworthiness Directives: General mitting, pursuant to law, a report entitled Royce Limited, Bristol Engine Division Electric Company CF34–8C1 Series and CF34– ‘‘Aviation Career Incentive Pay and Aviation Model Viper Mk.601–22 Turbojet Engine’’ 8C5 Series Turbofan Engines’’ ((RIN2120– Continuation Pay Programs for Fiscal Year ((RIN2120–AA64) (2005–0176)) received on April AA64) (2005–0188)) received on April 26, 2005; 2004’’; to the Committee on Armed Services. 26, 2005; to the Committee on Commerce, to the Committee on Commerce, Science, EC–1949. A communication from the Direc- Science, and Transportation. and Transportation. EC–1968. A communication from the Pro- tor, Administrative Office of the United EC–1959. A communication from the Pro- gram Analyst, Federal Aviation Administra- States Courts, transmitting, pursuant to gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- law, a report entitled ‘‘2004 Wiretap Report’’; tion, Department of Transportation, transmitting, pursuant to law, the report of a rule to the Committee on the Judiciary. mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: Boeing EC–1950. A communication from the Acting entitled ‘‘Airworthiness Directives: Boeing Model 777–200 and 300 Series Airplanes’’ Assistant Secretary, Legislative Affairs, De- Model 757–200 and 200PF Series Airplanes’’ ((RIN2120–AA64) (2005–0177)) received on April partment of State, transmitting, pursuant to ((RIN2120–AA64) (2005–0189)) received on April 26, 2005; to the Committee on Commerce, law, a notification of the Department’s in- 26, 2005; to the Committee on Commerce, Science, and Transportation. tent to obligate funds for purposes of Non- Science, and Transportation. EC–1969. A communication from the Pro- proliferation and Disarmament Fund activi- EC–1960. A communication from the Pro- gram Analyst, Federal Aviation Administra- ties and funds to cover Nonproliferation and gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- Disarmament Fund Fiscal Year 2005 Admin- tion, Department of Transportation, transmitting, pursuant to law, the report of a rule istration and Operation costs; to the Com- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: General mittee on Foreign Relations. entitled ‘‘Airworthiness Directives: British Electric Company CF6–45A, –50A , –50C, and EC–1951. A communication from the Fed- Aerospace Model BAe 146 and Model Avro –50E Series Turbofan Engines’’ ((RIN2120– eral Register Certifying Officer, Financial 146–FJ Series Airplanes’’ ((RIN2120–AA64) AA64) (2005–0178)) received on April 26, 2005; Management Service, Department of the (2005–0181)) received on April 26, 2005; to the to the Committee on Commerce, Science, Treasury, transmitting, pursuant to law, the Committee on Commerce, Science, and and Transportation. report of a rule entitled ‘‘Salary Offset’’ Transportation. EC–1970. A communication from the Pro- (RIN1510–AA70) received on April 26, 2005; to EC–1961. A communication from the Pro- gram Analyst, Federal Aviation Administra- the Committee on Banking, Housing, and gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- Urban Affairs. tion, Department of Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: Boeing EC–1952. A communication from the Regu- mitting, pursuant to law, the report of a rule Model 747–100, –100B, 100B SUD, –200B, 300, latory Contact, Grain Inspection, Packers entitled ‘‘Airworthiness Directives: Airbus 747SP, and 747SR Series Airplanes’’ and Stockyards Administration, Department Model A330, A340–200, and A340–300 Series ((RIN2120–AA64) (2005–0179)) received on April of Agriculture, transmitting, pursuant to Airplanes’’ ((RIN2120–AA64) (2005–0182)) re- 26, 2005; to the Committee on Commerce, law, the report of a rule entitled ‘‘Export In- ceived on April 26, 2005; to the Committee on spection and Weighing Waiver for High Qual- Science, and Transportation. Commerce, Science, and Transportation. EC–1971. A communication from the Pro- ity Specialty Grains Transported in Con- EC–1962. A communication from the Pro- gram Analyst, Federal Aviation Administra- tainers’’ (RIN0580–AA87) received on April 26, gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- 2005; to the Committee on Agriculture, Nu- tion, Department of Transportation, transmitting, pursuant to law, the report of a rule trition, and Forestry. mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: Boeing EC–1953. A communication from the Con- entitled ‘‘Airworthiness Directives: General Model 767–200, 300, and 300F Series Airplanes’’ gressional Review Coordinator, Animal and Electric Company CF6–80A1/A3 and CF6– ((RIN2120–AA64) (2005–0180)) received on April Plant Health Inspection Service, Department 80C2A Series Turbofan Engines, Installed on 26, 2005; to the Committee on Commerce, of Agriculture, transmitting, pursuant to Airbus Industrie A300–600 and A310 Series Science, and Transportation. law, the report of rule entitled ‘‘West Indian Airplanes’’ ((RIN2120–AA64) (2005–0183)) re- EC–1972. A communication from the Pro- Fruit Fly; Regulated Articles’’ (APHIS ceived on April 26, 2005; to the Committee on gram Analyst, Federal Aviation Administra- Docket No. 04–127–1) received on April 26, Commerce, Science, and Transportation. tion, Department of Transportation, trans- 2005; to the Committee on Agriculture, Nu- EC–1963. A communication from the Pro- mitting, pursuant to law, the report of a rule trition, and Forestry. gram Analyst, Federal Aviation Administra- entitled ‘‘Standard Instrument Approach EC–1954. A communication from the Con- tion, Department of Transportation, trans- Procedures; Miscellaneous Amendments (46); gressional Review Coordinator, Animal and mitting, pursuant to law, the report of a rule AMDT No. 3116 [2–18/4–7]’’ ((RIN2120–AA65) Plant Health Inspection Service, Department entitled ‘‘Airworthiness Directives: Airbus (2005–0008)) received on April 26, 2005; to the of Agriculture, transmitting, pursuant to Model A330, A340–200, and A340–300 Series Committee on Commerce, Science, and law, the report of rule entitled ‘‘Asian Airplanes’’ ((RIN2120–AA64) (2005–0184)) re- Transportation. Longhorned Beetle; Removal of Regulated ceived on April 26, 2005; to the Committee on EC–1973. A communication from the Pro- Areas’’ (APHIS Docket No. 05–011–1) received Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- on April 26, 2005; to the Committee on Agri- EC–1964. A communication from the Pro- tion, Department of Transportation, trans- culture, Nutrition, and Forestry. gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4397 entitled ‘‘Standard Instrument Approach April 26, 2005; to the Committee on Energy United States; to the Committee on Environ- Procedures; Miscellaneous Amendments (49); and Natural Resources. ment and Public Works. AMDT. No. 3117 [3–11/4–7]’’ ((RIN2120–AA65) EC–1983. A communication from the Dep- By Mr. DOMENICI (for himself and Mr. (2005–0009)) received on April 26, 2005; to the uty Assistant Secretary for Fish and Wildlife BINGAMAN): Committee on Commerce, Science, and and Parks, National Park Service, Depart- S. 913. A bill to amend title 49, United Transportation. ment of the Interior, transmitting, pursuant States Code, to establish a university trans- EC–1974. A communication from the Pro- to law, the report of a rule entitled ‘‘Na- portation center to be known as the ‘‘South- gram Analyst, Federal Aviation Administra- tional Park System Units in Alaska’’ west Bridge Research Center’’; to the Com- tion, Department of Transportation, trans- (RIN1024–AD13) received on April 26, 2005; to mittee on Environment and Public Works. mitting, pursuant to law, the report of a rule the Committee on Energy and Natural Re- By Mr. ALLARD (for himself, Mr. entitled ‘‘Standard Instrument Approach sources. SMITH, Mr. LOTT, and Mr. DURBIN): Procedures; Miscellaneous Amendments (94); EC–1984. A communication from the Dep- S. 914. A bill to amend the Public Health AMDT. No. 3118 [3–18/4–7]’’ ((RIN2120–AA65) uty Assistant Secretary for Fish and Wildlife Service Act to establish a competitive grant (2005–0010)) received on April 26, 2005; to the and Parks, National Park Service, Depart- program to build capacity in veterinary Committee on Commerce, Science, and ment of the Interior, transmitting, pursuant medical education and expand the workforce Transportation. to law, the report of a rule entitled ‘‘Rocky of veterinarians engaged in public health EC–1975. A communication from the Pro- Mountain National Park Snowmobile practice and biomedical research; to the gram Analyst, Federal Aviation Administra- Routes’’ (RIN1024–AD15) received on April 26, Committee on Health, Education, Labor, and tion, Department of Transportation, trans- 2005; to the Committee on Energy and Nat- Pensions. mitting, pursuant to law, the report of a rule ural Resources. By Mr. SMITH (for himself and Mr. entitled ‘‘Modification of Class E Airspace; EC–1985. A communication from the Dep- WYDEN): Nevada, MO; Confirmation of Effective uty Assistant Secretary for Fish and Wildlife S. 915. A bill to provide for the duty-free Date’’ ((RIN2120–AA66) (2005–0086)) received and Parks, National Park Service, Depart- entry of certain tramway cars and associated on April 26, 2005; to the Committee on Com- ment of the Interior, transmitting, pursuant spare parts for use by the city of Portland, merce, Science, and Transportation. to law, the report of a rule entitled ‘‘Chicka- Oregon; to the Committee on Finance. EC–1976. A communication from the Pro- saw National Recreation Area, Personal By Mr. REID (for himself and Mr. EN- gram Analyst, Federal Aviation Administra- Watercraft Use’’ (RIN1024–AC98) received on SIGN): tion, Department of Transportation, trans- April 26, 2005; to the Committee on Energy S. 916. A bill to provide for the release of mitting, pursuant to law, the report of a rule and Natural Resources. certain land from the Sunrise Mountain In- entitled ‘‘Modification of Class E Airspace; stant Study Area in the State of Nevada and Parsons, KS; Direct Final Rule; Request for f to grant a right-of-way across the released Comments’’ ((RIN2120–AA66) (2005–0083)) re- EXECUTIVE REPORTS OF land for the construction and maintenance of ceived on April 26, 2005; to the Committee on COMMITTEES a flood control project; to the Committee on Commerce, Science, and Transportation. Energy and Natural Resources. EC–1977. A communication from the Pro- The following executive reports of By Mr. AKAKA: gram Analyst, Federal Aviation Administra- committees were submitted: S. 917. A bill to amend title 38, United tion, Department of Transportation, trans- By Mr. STEVENS for the Committee on States Code, to make permanent the pilot mitting, pursuant to law, the report of a rule Commerce, Science, and Transportation. program for direct housing loans for Native entitled ‘‘Modification of Class E Airspace; *Maria Cino, of Virginia, to be Deputy Sec- American veterans; to the Committee on Rolla, MO; Confirmation of Effective Date’’ retary of Transportation. Veterans’ Affairs. ((RIN2120–AA66) (2005–0082)) received on April *Phyllis F. Scheinberg, of Virginia, to be By Mr. OBAMA (for himself, Mr. TAL- 26, 2005; to the Committee on Commerce, an Assistant Secretary of Transportation. ENT, and Mr. DURBIN): S. 918. A bill to provide for Flexible Fuel Science, and Transportation . *Joseph H. Boardman, of New York, to be Vehicle (FFV) refueling capability at new EC–1978. A communication from the Pro- Administrator of the Federal Railroad Ad- and existing refueling station facilities to gram Analyst, Federal Aviation Administra- ministration. promote energy security and reduction of tion, Department of Transportation, trans- *Nancy Ann Nord, of the District of Colum- greenhouse gas emissions; to the Committee mitting, pursuant to law, the report of a rule bia, to be a Commissioner of the Consumer on Finance. entitled ‘‘Modification of Class E Airspace; Product Safety Commission for the remain- By Mr. BURNS (for himself, Mr. Ozark, MO; Confirmation of Effective Date’’ der of the term expiring October 26, 2005. ROCKEFELLER, Mr. DORGAN, Mr. ((RIN2120–AA66) (2005–0085)) received on April *Nancy Ann Nord, of the District of Colum- CRAIG, Mr. DAYTON, Mr. VITTER, Mr. 26, 2005; to the Committee on Commerce, bia, to be a Commissioner of the Consumer THUNE, Mr. JOHNSON, Mr. BAUCUS, Science, and Transportation. Product Safety Commission for a term of EC–1979. A communication from the Pro- and Mr. COLEMAN): seven years from October 27, 2005. gram Analyst, Federal Aviation Administra- S. 919. A bill to amend title 49, United *William Cobey, of North Carolina, to be a tion, Department of Transportation, trans- States Code, to enhance competition among Member of the Board of Directors of the Met- mitting, pursuant to law, the report of a rule and between rail carriers in order to ensure ropolitan Washington Airports Authority for entitled ‘‘Modification of Class E Airspace; efficient rail service and reasonable rail a term expiring May 30, 2010. Boonville, MO’’ ((RIN2120–AA66) (2005–0088)) rates, and for other purposes; to the Com- received on April 26, 2005; to the Committee *Nomination was reported with rec- mittee on Commerce, Science, and Transpor- on Commerce, Science, and Transportation. ommendation that it be confirmed sub- tation. EC–1980. A communication from the Dep- ject to the nominee’s commitment re- By Mr. CORNYN: uty Assistant Secretary for Fish and Wildlife spond to requests to appear and testify S. 920. A bill to amend chapter 1 of title 3, and Parks, National Park Service, Depart- before any duly constituted committee United States Code, relating to Presidential ment of the Interior, transmitting, pursuant succession; to the Committee on Rules and to law, the report of a rule entitled ‘‘Dela- of the Senate. Administration. ware Water Gap National Recreation Area, f By Mrs. MURRAY (for herself, Mr. Pennsylvania and New Jersey; U.S. Route 209 DURBIN, Mr. KENNEDY, and Mrs. CLIN- INTRODUCTION OF BILLS AND Commercial Vehicle Fees’’ (RIN1024–AD14) TON): received on April 26, 2005; to the Committee JOINT RESOLUTIONS S. 921. A bill to provide for secondary on Energy and Natural Resources. The following bills and joint resolu- school reform, and for other purposes; to the EC–1981. A communication from the Dep- tions were introduced, read the first Committee on Health, Education, Labor, and uty Assistant Secretary for Fish and Wildlife and second times by unanimous con- Pensions. and Parks, National Park Service, Depart- By Mr. SANTORUM (for himself and ment of the Interior, transmitting, pursuant sent, and referred as indicated: Mr. LIEBERMAN): to law, the report of a rule entitled ‘‘Snow- By Mr. CONRAD: S. 922. A bill to establish and provide for mobile Use, Yellowstone and Grand Teton S. 911. A bill to amend title XVIII of the the treatment of Individual Development Ac- National Parks’’ (RIN1024–AD29) received on Social Security Act to provide for reim- counts, and for other purposes; to the Com- April 26, 2005; to the Committee on Energy bursement of certified midwife services and mittee on Finance. and Natural Resources. to provide for more equitable reimbursement By Mr. CORZINE (for himself, Mr. EC–1982. A communication from the Dep- rates for certified nurse-midwife services; to AKAKA, Ms. STABENOW, Mr. LAUTEN- uty Assistant Secretary for Fish and Wildlife the Committee on Finance. BERG, and Mr. OBAMA): and Parks, National Park Service, Depart- By Mr. FEINGOLD (for himself, Mr. S. 923. A bill to amend part A of title IV of ment of the Interior, transmitting, pursuant LAUTENBERG, Mr. LEAHY, Mr. KERRY, the Social Security Act to require a State to to law, the report of a rule entitled ‘‘Apostle Mr. JEFFORDS, Mrs. BOXER, Mr. DAY- promote financial education under the Tem- Islands National Lakeshore; Designation of TON, Mr. SCHUMER, and Mr. DURBIN): porary Assistance for Needy Families Snowmobile and Off-Road Motor Vehicle S. 912. A bill to amend the Federal Water (TANF) Program and to allow financial edu- Areas, and Use of Portable Ice Augers or Pollution Control Act to clarify the jurisdic- cation to count as a work activity under Power Engines’’ (RIN1024–AD26) received on tion of the United States over waters of the that program; to the Committee on Finance.

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4398 CONGRESSIONAL RECORD — SENATE April 27, 2005 By Mr. CORZINE (for himself, Mr. By Mr. GREGG (for himself, Mr. LIE- other relief resulting from the misuse AKAKA, Ms. STABENOW, Mr. LAUTEN- BERMAN, Mr. FRIST, Ms. LANDRIEU, of their products by others. BERG, Mr. SARBANES, and Mr. BAU- Mr. SUNUNU, Mr. ALEXANDER, Mr. S. 418 CUS): DEMINT, Mrs. DOLE, Mr. VITTER, Mr. S. 924. A bill to establish a grant program BURR, and Mr. ALLARD): At the request of Mrs. CLINTON, the to enhance the financial and retirement lit- S. Res. 127. A resolution congratulating name of the Senator from New Mexico eracy of mid-life and older Americans to re- charter schools and their students, parents, (Mr. BINGAMAN) was added as a cospon- duce financial abuse and fraud among such teachers, and administrators across the sor of S. 418, a bill to protect members Americans, and for other purposes; to the United States for their ongoing contribu- of the Armed Forces from unscrupulous Committee on Health, Education, Labor, and tions to education, and for other purposes; practices regarding sales of insurance, Pensions. considered and agreed to. financial, and investment products. By Mr. CORZINE (for himself, Mr. f AKAKA, Ms. STABENOW, Mr. LAUTEN- S. 428 BERG, and Mr. BAUCUS): ADDITIONAL COSPONSORS At the request of Mr. TALENT, the S. 925. A bill to promote youth financial S. 7 name of the Senator from Connecticut education; to the Committee on Health, Edu- At the request of Mr. KYL, the name (Mr. DODD) was added as a cosponsor of cation, Labor, and Pensions. of the Senator from Florida (Mr. MAR- S. 428, a bill to provide $30,000,000,000 in By Mr. INHOFE (for himself, Mr. VIT- TINEZ) was added as a cosponsor of S. 7, new transportation infrastructure TER, and Mr. ENZI): funding in addition to TEA–21 levels S. 926. A bill to amend the Internal Rev- a bill to increase American jobs and enue Code of 1986 to provide that the credit economic growth by making perma- through bonding to empower States for producing fuel from a nonconventional nent the individual income tax rate re- and local governments to complete sig- source shall apply to gas produced onshore ductions, the reduction in the capital nificant long-term capital improve- from a formation more than 15,000 feet deep; gains and dividend tax rates, and the ment projects for highways, public to the Committee on Finance. repeal of the estate, gift, and genera- transportation systems, and rail sys- By Mr. CORZINE (for himself, Mr. LAU- tion-skipping transfer taxes. tems, and for other purposes. TENBERG, Mr. SARBANES, Mr. JOHN- S. 438 SON, Ms. LANDRIEU, and Mr. KEN- S. 114 NEDY): At the request of Mr. KERRY, the At the request of Mr. ENSIGN, the S. 927. A bill to amend title XVIII of the name of the Senator from California names of the Senator from Maine (Ms. Social Security Act to expand and improve (Mrs. BOXER) was added as a cosponsor SNOWE) and the Senator from New Jer- coverage of mental health services under the of S. 114, a bill to amend titles XIX and sey (Mr. LAUTENBERG) were added as medicare program; to the Committee on Fi- XXI of the Social Security Act to en- cosponsors of S. 438, a bill to amend nance. sure that every uninsured child in title XVIII of the Social Security Act By Mrs. LINCOLN: to repeal the medicare outpatient reha- S. 928. A bill to amend the Internal Rev- America has health insurance cov- enue Code of 1986 to provide for the imme- erage, and for other purposes. bilitation therapy caps. diate and permanent repeal of the estate tax S. 271 S. 484 on family-owned businesses and farms, and At the request of Mr. SCHUMER, his At the request of Mr. WARNER, the for other purposes; to the Committee on Fi- name was withdrawn as a cosponsor of name of the Senator from Virginia (Mr. nance. S. 271, a bill to amend the Federal Elec- ALLEN) was added as a cosponsor of S. By Mr. ALLEN (for himself, Mr. CHAM- 484, a bill to amend the Internal Rev- BLISS, Mr. INHOFE, Mr. COBURN, Mr. tion Campaign Act of 1971 to clarify enue Code of 1986 to allow Federal ci- TALENT, Mr. CORNYN, and Mr. ISAK- when organizations described in sec- SON): tion 527 of the Internal Revenue Code vilian and military retirees to pay S. 929. A bill to provide liability protection of 1986 must register as political com- health insurance premiums on a pretax to nonprofit volunteer pilot organizations mittees, and for other purposes. basis and to allow a deduction for flying for public benefit and to the pilots and S. 300 TRICARE supplemental premiums. staff of such organizations; to the Com- S. 633 mittee on the Judiciary. At the request of Mr. HAGEL, his By Mr. GRASSLEY (for himself and name was added as a cosponsor of S. At the request of Mr. JOHNSON, the Mr. DODD): 300, a bill to extend the temporary in- name of the Senator from Delaware S. 930. A bill to amend the Federal Food, crease in payments under the medicare (Mr. BIDEN) was added as a cosponsor of Drug, and Cosmetic Act with respect to drug program for home health services fur- S. 633, a bill to require the Secretary of safety, and for other purposes; to the Com- nished in a rural area. the Treasury to mint coins in committee on Health, Education, Labor, and S. 313 memoration of veterans who became Pensions. At the request of Mr. LUGAR, the disabled for life while serving in the By Mr. BURNS: Armed Forces of the United States. S. 931. A bill to reduce temporarily the names of the Senator from Georgia duty on certain articles of natural cork; to (Mr. CHAMBLISS), the Senator from S. 642 the Committee on Finance. Rhode Island (Mr. CHAFEE) and the At the request of Mr. FRIST, the By Mr. KENNEDY (for himself, Mr. Senator from Ohio (Mr. DEWINE) were name of the Senator from Kansas (Mr. DURBIN, Ms. MIKULSKI, Mrs. MURRAY, added as cosponsors of S. 313, a bill to ROBERTS) was added as a cosponsor of Mr. HARKIN, Mr. DODD, Mr. LAUTEN- improve authorities to address urgent S. 642, a bill to support certain na- BERG, Mr. CORZINE, Mr. AKAKA, Mrs. nonproliferation crises and United tional youth organizations, including BOXER, Mr. FEINGOLD, Mr. SCHUMER, the Boy Scouts of America, and for and Mr. DAYTON): States nonproliferation operations. S. 932. A bill to provide for paid sick leave S. 382 other purposes. to ensure that Americans can address their At the request of Mr. ENSIGN, the S. 647 own health needs and the health needs of names of the Senator from North Da- At the request of Mrs. LINCOLN, the their families; to the Committee on Health, kota (Mr. DORGAN) and the Senator names of the Senator from Hawaii (Mr. Education, Labor, and Pensions. from New York (Mrs. CLINTON) were INOUYE) and the Senator from New Jer- f added as cosponsors of S. 382, a bill to sey (Mr. LAUTENBERG) were added as SUBMISSION OF CONCURRENT AND amend title 18, United States Code, to cosponsors of S. 647, a bill to amend SENATE RESOLUTIONS strengthen prohibitions against animal title XVIII of the Social Security Act fighting, and for other purposes. to authorize physical therapists to The following concurrent resolutions S. 397 evaluate and treat medicare bene- and Senate resolutions were read, and At the request of Mr. CRAIG, the ficiaries without a requirement for a referred (or acted upon), as indicated: name of the Senator from Oregon (Mr. physician referral, and for other pur- By Mr. DURBIN (for himself, Mr. SMITH) was added as a cosponsor of S. poses. INOUYE, and Mr. STEVENS): 397, a bill to prohibit civil liability ac- S. 677 S. Res. 126. A resolution honoring Fred T. Korematsu for his loyalty and patriotism to tions from being brought or continued At the request of Mr. SANTORUM, the the United States and expressing condo- against manufacturers, distributors, name of the Senator from North Caro- lences to his family, friends, and supporters dealers, or importers of firearms or lina (Mrs. DOLE) was added as a cospon- on his death; considered and agreed to. ammunition for damages, injunctive or sor of S. 677, a bill to amend title VII

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4399 of the Civil Rights Act of 1964 to estab- 850, a bill to establish the Global for these services. This reduced pay- lish provisions with respect to religious Health Corps, and for other purposes. ment is unfair and does not adequately accommodation in employment, and S. 894 reflect the services CNMs provide to for other purposes. At the request of Mr. ENZI, the name beneficiaries. At this incredibly low S. 756 of the Senator from Louisiana (Ms. rate of reimbursement, the Medicare At the request of Mr. BENNETT, the LANDRIEU) was added as a cosponsor of Payment Advisory Committee, name of the Senator from New Jersey S. 894, a bill to allow travel between MedPAC, agrees that a CNM simply (Mr. LAUTENBERG) was added as a co- the United States and Cuba. cannot afford to provide services to sponsor of S. 756, a bill to amend the S. RES. 117 Medicare patients and has supported Public Health Service Act to enhance At the request of Mrs. FEINSTEIN, the increasing reimbursement for CNMs. public and health professional aware- name of the Senator from Illinois (Mr. My legislation would make several ness and understanding of lupus and to DURBIN) was added as a cosponsor of S. changes to improve the ability of CNMs strengthen the Nation’s research ef- Res. 117, a resolution designating the and certified midwives, CMs, to effec- forts to identify the causes and cure of week of May 9, 2005, as ‘‘National tively serve the Medicare-eligible popu- lupus. Hepatits B Awareness Week.’’ lation. First, and most importantly, S. 757 S. RES. 121 my bill recognizes the need to increase Medicare reimbursement for CNMs by At the request of Mr. CHAFEE, the At the request of Mr. COLEMAN, the names of the Senator from Virginia names of the Senator from Illinois (Mr. raising the reimbursement level from 65 percent to 100 percent of the physi- (Mr. ALLEN), the Senator from Maine DURBIN) and the Senator from Ken- cian fee schedule. CNMs provide the (Ms. COLLINS) and the Senator from tucky (Mr. BUNNING) were added as co- same care as physicians; therefore, it is Iowa (Mr. GRASSLEY) were added as cosponsors of S. Res. 121, a resolution sponsors of S. 757, a bill to amend the supporting May 2005 as ‘‘National Bet- only fair to reimburse CNMs at the Public Health Service Act to authorize ter Hearing and Speech Month’’ and same level. the Director of the National Institute commending those states that have im- In addition, the Improving Access to of Environmental Health Sciences to plemented routine hearing screening Nurse-Midwifery Care Act would guar- make grants for the development and for every newborn before the newborn antee payment for graduate medical operation of research centers regarding leaves the hospital. education and includes technical cor- rections that will clarify the reassign- environmental factors that may be re- AMENDMENT NO. 573 ment of billing rights for CNMs who lated to the etiology of breast cancer. At the request of Mr. SHELBY, the are employed by others. Finally, my S. 782 names of the Senator from Maryland bill would establish recognition for a At the request of Mr. FEINGOLD, the (Mr. SARBANES), the Senator from certified midwife, CM, to provide serv- name of the Senator from Illinois (Mr. Rhode Island (Mr. REED) and the Sen- ices under Medicare. Despite the fact OBAMA) was added as a cosponsor of S. ator from Colorado (Mr. ALLARD) were that CNMs and CMs provide the same 782, a bill to amend title 37, United added as cosponsors of amendment No. services, Medicare has yet to recognize States Code, to authorize travel and 573 proposed to H.R. 3, a bill Reserved. CMs as eligible providers. My bill transportation for family members of f would change this. members of the Armed Forces hospital- ized in the United States in connection STATEMENTS ON INTRODUCED This bill will enhance access to ‘‘well with non-serious illnesses or injuries BILLS AND JOINT RESOLUTIONS woman’’ care for thousands of women incurred or aggravated in a contin- By Mr. CONRAD: in underserved communities and make gency operation, and for other pur- S. 911. A bill to amend title XVIII of several needed changes to improve ac- poses. the Social Security Act to provide for cess to midwives. I urge my colleagues to support this legislation. S. 785 reimbursement of certified midwife At the request of Mr. LOTT, the name services and to provide for more equitable reimbursement rates for certified By Mr. FEINGOLD (for himself, of the Senator from Oklahoma (Mr. Mr. LAUTENBERG, Mr. LEAHY, NHOFE nurse-midwife services; to the Com- I ) was added as a cosponsor of S. Mr. KERRY, Mr. JEFFORDS, Mrs. 785, a bill to amend the Internal Rev- mittee on Finance. Mr. CONRAD. Mr. President, today I BOXER, Mr. DAYTON, Mr. SCHU- enue Code of 1986 to modify the small MER, and Mr. DURBIN): refiner exception to the oil depletion am introducing the Improving Access S. 912. A bill to amend the Federal deduction. to Nurse-Midwifery Care Act of 2005. For too many years, certified nurse Water Pollution Control Act to clarify S. 802 midwives, CNMs, have not received the jurisdiction of the United States At the request of Mr. DOMENICI, the adequate reimbursement under the over waters of the United States; to name of the Senator from Idaho (Mr. Medicare program, despite evidence the Committee on Environment and CRAIG) was added as a cosponsor of S. that shows the quality of care and out- Public Works. 802, a bill to establish a National comes for services provided by CNMs Mr. FEINGOLD. Mr. President, today Drought Council within the Depart- are comparable to obstetricians and I am introducing important legislation ment of Agriculture, to improve na- gynecologists. My legislation takes im- to affirm Federal jurisdiction over the tional drought preparedness, mitiga- portant steps to improve reimburse- waters of the United States. I am tion, and response efforts, and for other ment for these important healthcare pleased to have three members of the purposes. providers. Environment and Public Works Com- S. 803 There are approximately three mil- mittee—the Senator from Vermont, At the request of Mr. COLEMAN, the lion disabled women on Medicare who Mr. JEFFORDS, the Senator from New name of the Senator from Maine (Ms. are of childbearing age; however, if Jersey, Mr. LAUTENBERG, the Senator SNOWE) was added as a cosponsor of S. they choose to utilize a CNM for ‘‘well from California, Mrs. BOXER—as origi- 803, a bill to amend the Employee Re- women’’ services, the CNM is only re- nal cosponsors of this bill. I also thank tirement Income Security Act of 1974, imbursed at 65 percent of the physician Senators DAYTON, KERRY, SCHUMER, the Public Health Service Act, and the fee schedule. In practical terms, the and DURBIN for joining me in intro- Internal Revenue Code of 1986 to pro- typical well-woman visit costs, on av- ducing this important legislation. vide parity with respect to substance erage, $50. But Medicare currently re- In the U.S. Supreme Court’s January abuse treatment benefits under group imburses CNMs in rural areas only $14 2001 decision, Solid Waste Agency of health plans and health insurance cov- for this visit, which could include a pap Northern Cook County versus the erage. smear, mammogram, and other pre- Army Corps of Engineers, a 5 to 4 ma- S. 850 cancer screenings. CNMs administer jority limited the authority of Federal At the request of Mr. FRIST, the the same tests and incur the same agencies to use the so-called migratory name of the Senator from Ohio (Mr. costs as physicians but receive only 65 bird rule as the basis for asserting DEWINE) was added as a cosponsor of S. percent of the physician fee schedule Clean Water Act jurisdiction over non-

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4400 CONGRESSIONAL RECORD — SENATE April 27, 2005 navigable, intrastate, isolated wet- neously, they released a guidance mental and conservation groups, as lands, streams, ponds, and other bodies memo to their field staff regarding well as organizations that represent of water. Clean Water Act jurisdiction. those who regulate and manage our This decision, known as the SWANCC The agencies claim these actions are country’s wetlands, such as: the Nat- decision, means that the Environ- necessary because of the SWANCC ural Resources Defense Council, mental Protection Agency and Army case. But both the guidance memo and Earthjustice, the National Wildlife Corps of Engineers can no longer en- the proposed rulemaking go far beyond Federation, Sierra Club, American Riv- force Federal Clean Water Act protec- the holding in SWANCC. The guidance ers, the National Audubon Society, tion mechanisms to protect a water- took effect right away and has had an U.S. Public Interest Research Group, way solely on the basis that it is used immediate impact. It tells the Corps Defenders of Wildlife, the Ocean Con- as habitat for migratory birds. and EPA staff to stop asserting juris- servancy, Trout Unlimited, the Izaac In its discussion of the case, the diction over isolated waters without Walton League, and the Association of Court went beyond the issue of the mi- first obtaining permission from head- State Floodplain Managers. They gratory bird rule and questioned quarters. Based on this guidance, know, as I do, that we need to re-affirm whether Congress intended the Clean waters that the EPA and Corps judge the Federal Government’s role in pro- Water Act to provide protection for to be outside the Clean Water Act can tecting our water. This legislation is a isolated ponds, streams, wetlands and be filled, dredged, and polluted without first step in doing just that. other waters, as it had been interpreted a permit or any other long-standing I ask unanimous consent that the to provide for most of the last 30 years. Clean Water Act safeguard. text of the legislation be printed in the The rulemaking announced the Ad- While not the legal holding of the case, RECORD. the Court’s discussion has resulted in a ministration’s intention to consider There being no objection, the bill was wide variety of interpretations by EPA even broader changes to Clean Water ordered to be printed in the RECORD, as and Corps officials that jeopardize pro- Act coverage for our waters. Specifi- follows: tection for wetlands, and other waters. cally, the agencies are questioning S. 912 whether there is any basis for asserting The wetlands at risk include prairie Be it enacted by the Senate and House of Rep- potholes and bogs, familiar to many in Clean Water Act jurisdiction over addi- resentatives of the United States of America in Wisconsin, and many other types of tional waters, like intermittent Congress assembled, wetlands. streams. The possibility for a redefini- SECTION 1. SHORT TITLE. In effect, the Court’s decision re- tion of our waters is troubling because This Act may be cited as the ‘‘Clean Water moved much of the Clean Water Act there is only one definition of the term Authority Restoration Act of 2005’’. protection for between 30 percent to 60 ‘‘water’’ in the Clean Water Act. The SEC. 2. PURPOSES. The purposes of this Act are as follows: percent of the Nation’s wetlands. An wetlands program, the point source program which stops the dumping of (1) To reaffirm the original intent of Con- estimated 60 percent of the wetlands in gress in enacting the Federal Water Pollu- my home State of Wisconsin lost Fed- pollution, and the non-point program governing polluted runoff all depend on tion Control Act Amendments of 1972 (86 eral protection. Wisconsin is not alone. Stat. 816) to restore and maintain the chem- The National Association of State Wet- this definition. Even though the Ad- ical, physical, and biological integrity of the land Managers has been collecting data ministration rescinded this proposed waters of the United States. rulemaking in December 2003, the pol- from States across the country. For ex- (2) To clearly define the waters of the icy guidance remains in effect. ample, Nebraska estimates that it will United States that are subject to the Federal If we don’t protect a category of Water Pollution Control Act. lose protection for more than 40 per- waters from being filled under the wet- (3) To provide protection to the waters of cent of its wetlands. Indiana estimates lands program, we also fail to protect the United States to the fullest extent of the it will lose 31 percent of total wetland them from having trash or raw sewage legislative authority of Congress under the acreage and 74 percent of the total dumped in them, or having other ac- Constitution. number of wetlands. Delaware esti- tivities that violate the Clean Water SEC. 3. FINDINGS. mates the loss of protection for 33 per- Congress finds the following: Act conducted in them as well. (1) Water is a unique and precious resource cent or more of its freshwater wet- Congress needs to re-establish the lands. that is necessary to sustain human life and common understanding of the Clean the life of animals and plants. These wetlands absorb floodwaters, Water Act’s jurisdiction to protect all prevent pollution from reaching our (2) Water is used not only for human, ani- waters of the U.S.—the understanding mal, and plant consumption, but is also im- rivers and streams, and provide crucial that Congress held when the Act was portant for agriculture, transportation, flood habitat for most of the Nation’s ducks adopted in 1972—as reflected in the law, control, energy production, recreation, fish- and other waterfowl, as well as hun- legislative history, and longstanding ing and shellfishing, and municipal and com- dreds of other bird, fish, shellfish and regulations, practice, and judicial in- mercial uses. amphibian species. Loss of these waters terpretations prior to the SWANCC de- (3) In enacting amendments to the Federal would have a devastating effect on our Water Pollution Control Act in 1972 and cision. through subsequent amendment, including environment. The proposed legislation is very sim- In addition, by narrowing the water the Clean Water Act of 1977 (91 Stat. 1566) ple. It does three things. First, it and the Water Quality Act of 1987 (101 Stat. and wetland areas subject to federal adopts a statutory definition of 7), Congress established the national objec- regulation, the decision also shifts ‘‘waters of the United States’’ based on tive of restoring and maintaining the chem- more of the economic burden for regu- a longstanding definition of waters in ical, physical, and biological integrity of the lating wetlands to state and local gov- the EPA and Corps of Engineers’ regu- waters of the United States and recognized ernments. My home State of Wisconsin lations. Second, it deletes the term that achieving this objective requires uni- has passed legislation to assume the ‘‘navigable’’ from the Act to clarify form, minimum national water quality and regulation of isolated waters, but many that Congress’s primary concern in 1972 aquatic ecosystem protection standards to other States have not. This patchwork restore and maintain the natural structures was to protect the nation’s waters from and functions of the aquatic ecosystems of of regulation means that the standards pollution, rather than just sustain the the United States. for protection of wetlands nationwide navigability of waterways, and to rein- (4) Water is transported through inter- are unclear and confusing, jeopardizing force that original intent. Finally, it connected hydrologic cycles, and the pollu- the migratory birds and other wildlife includes a set of findings that explain tion, impairment, or destruction of any part that depend on these wetlands. the factual basis for Congress to assert of an aquatic system may affect the chem- Since 2001, the confusion over the in- its constitutional authority over ical, physical, and biological integrity of terpretation of the SWANCC decision waters and wetlands on all relevant other parts of the aquatic system. has grown. On January 15, 2003, the constitutional grounds, including the (5) Protection of intrastate waters, along EPA and Army Corps of Engineers pub- with other waters of the United States, is Commerce Clause, the Property Clause, necessary to restore and maintain the chem- lished in the Federal Register an Ad- the Treaty Clause, and Necessary and ical, physical, and biological integrity of all vanced Notice of Proposed Rulemaking Proper Clause. waters in the United States. raising questions about the jurisdiction In conclusion, I am very pleased to (6) The regulation of discharges of pollut- of the Clean Water Act. Simulta- have the support of so many environ- ants into interstate and intrastate waters is

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4401 an integral part of the comprehensive clean waters subject to the ebb and flow of the SEC. 2. BRIDGE RESEARCH CENTER. water regulatory program of the United tide, the territorial seas, and all interstate Section 5505 of title 49, United States Code, States. and intrastate waters and their tributaries, is amended by adding at the end the fol- (7) Small and periodically-flowing streams including lakes, rivers, streams (including lowing: comprise the majority of all stream channels intermittent streams), mudflats, sandflats, ‘‘(k) SOUTHWEST BRIDGE RESEARCH CEN- in the United States and serve critical bio- wetlands, sloughs, prairie potholes, wet TER.— logical and hydrological functions that af- meadows, playa lakes, natural ponds, and all ‘‘(1) IN GENERAL.—In addition to the uni- fect entire watersheds, including reducing impoundments of the foregoing, to the full- versity transportation centers receiving the introduction of pollutants to large est extent that these waters, or activities af- grants under subsections (a) and (b), the Sec- streams and rivers, and especially affecting fecting these waters, are subject to the legis- retary shall provide grants to New Mexico the life cycles of aquatic organisms and the lative power of Congress under the Constitu- State University, in collaboration with the flow of higher order streams during floods. tion.’’. Oklahoma Transportation Center, to establish and operate a university transportation (8) The pollution or other degradation of SEC. 5. CONFORMING AMENDMENTS. waters of the United States, individually and The Federal Water Pollution Control Act center to be known as the ‘Southwest Bridge in the aggregate, has a substantial relation (33 U.S.C. 1251 et seq.) is amended— Research Center’ (referred to in this sub- to and effect on interstate commerce. (1) by striking ‘‘navigable waters of the section as the ‘Center’). ‘‘(2) PURPOSE.—The purpose of the Center (9) Protection of the waters of the United United States’’ each place it appears and in- shall be to contribute at a national level to States, including intrastate waters, is nec- serting ‘‘waters of the United States’’; a systems approach to improving the overall essary to prevent significant harm to inter- (2) in section 304(l)(1) by striking ‘‘NAVI- performance of bridges, with an emphasis state commerce and sustain a robust system GABLE WATERS’’ in the heading and inserting on— of interstate commerce in the future. ‘‘WATERS OF THE UNITED STATES’’; and ‘‘(A) increasing the number of highly (10) Waters, including wetlands, provide (3) by striking ‘‘navigable waters’’ each skilled individuals entering the field of protection from flooding, and draining or place it appears and inserting ‘‘waters of the transportation; filling wetlands and channelizing or filling United States’’. streams, including intrastate wetlands and ‘‘(B) improving the monitoring of struc- streams, can cause or exacerbate flooding, By Mr. DOMENICI (for himself tural health over the life of bridges; placing a significant burden on interstate ‘‘(C) developing innovative technologies for and Mr. BINGAMAN): bridge testing and assessment; commerce. S. 913. A bill to amend title 49, (11) Millions of people in the United States ‘‘(D) developing technologies and proce- depend on wetlands and other waters of the United States Code, to establish a uni- dures for ensuring bridge safety, reliability, United States to filter water and recharge versity transportation center to be and security; and surface and subsurface drinking water sup- known as the ‘‘Southwest Bridge Re- ‘‘(E) providing training in the methods for plies, protect human health, and create eco- search Center’’; to the Committee on bridge inspection and evaluation. nomic opportunity. Environment and Public Works. ‘‘(3) OBJECTIVES.—The Center shall carry (12) Millions of people in the United States Mr. DOMENICI. Mr. President, I rise out— enjoy recreational activities that depend on today to introduce legislation creating ‘‘(A) basic and applied research, the prod- intrastate waters, such as waterfowl hunt- ucts of which shall be judged by peers or the Bridge Research Center at New other experts in the field to advance the ing, bird watching, fishing, and photography Mexico State University. I would also and other graphic arts, and those activities body of knowledge in transportation; and associated travel generate billions of like to thank my good friend Senator ‘‘(B) an education program that includes dollars of income each year for the travel, BINGAMAN for cosponsoring this impor- multidisciplinary course work and participa- tourism, recreation, and sporting sectors of tant bill. tion in research; and the economy of the United States. New Mexico State University ‘‘(C) Aa ongoing program of technology (13) Activities that result in the discharge (NMSU) is uniquely qualified to be the transfer that makes research results avail- of pollutants into waters of the United home of the Bridge Research Center. able to potential users in a form that can be States are commercial or economic in na- For over three decades NMSU has ap- implemented. ‘‘(4) MAINTENANCE OF EFFORT.—To be eligi- ture. plied its considerable talents to solving (14) States have the responsibility and ble to receive a grant under this subsection, right to prevent, reduce, and eliminate pol- technological problems related to the institution specified in paragraph (1) lution of waters, and the Federal Water Pol- bridge systems. It makes sense that we shall enter into an agreement with the Sec- lution Control Act respects the rights and capitalize on NMSU’s history and ex- retary to ensure that, for each fiscal year responsibilities of States by preserving for pertise in this field by establishing the after establishment of the Center, the insti- States the ability to manage permitting, bridge research center. tution will fund research activities relating grant, and research programs to prevent, re- The Bridge Research Center will de- to transportation in an amount that is at duce, and eliminate pollution, and to estab- velop smart bridge evaluation tech- least equal to the average annual amount of lish standards and programs more protective niques using advanced sensors and in- funds expended for the activities for the 2 fiscal years preceding the fiscal year in which of a State’s waters than is provided under strumentation. Additionally, the Federal standards and programs. the grant is received. (15) Protecting the quality of and regu- NMSU Bridge Center will improve ‘‘(5) COST SHARING.— lating activities affecting the waters of the bridge design methodologies, create ‘‘(A) FEDERAL SHARE.—The Federal share United States is a necessary and proper new inspection techniques for bridges, of the cost of any activity carried out using means of implementing treaties to which the and find better ways to conduct non- funds from a grant provided under this sub- United States is a party, including treaties destructive evaluation and testing. Fi- section shall be 50 percent. protecting species of fish, birds, and wildlife. nally, the Bridge Center will conduct ‘‘(B) NON-FEDERAL SHARE.—The non-Fed- (16) Protecting the quality of and regu- research into high performance mate- eral share of the cost of any activity carried lating activities affecting the waters of the rials to address durability and retrofit out using funds from a grant provided under United States is a necessary and proper this subsection may include funds provided needs. to the recipient under any of sections 503, means of protecting Federal land, including I have no doubt that NMSU will hundreds of millions of acres of parkland, 504(b), and 505 of title 23. refuge land, and other land under Federal apply its extensive capability to de- ‘‘(C) ONGOING PROGRAMS.—After establish- ownership and the wide array of waters en- velop theoretical concepts into prac- ment of the Center, the institution specified compassed by that land. tical solutions for bridge problems all in paragraph (1) shall obligate for each fiscal (17) Protecting the quality of and regu- across our country. year not less than $200,000 in regularly budg- lating activities affecting the waters of the I ask unanimous consent that the eted institutional funds to support ongoing United States is necessary to protect Federal text of the bill be printed in the transportation research and education pro- land and waters from discharges of pollut- RECORD. grams. ants and other forms of degradation. There being no objection, the bill was ‘‘(6) PROGRAM COORDINATION.— ‘‘(A) COORDINATION.—The Secretary shall— SEC. 4. DEFINITION OF WATERS OF THE UNITED ordered to be printed in the RECORD, as STATES. ‘‘(i) coordinate the research, education, Section 502 of the Federal Water Pollution follows: training, and technology transfer activities Control Act (33 U.S.C. 1362) is amended— S. 913 carried out by the Center; (1) by striking paragraph (7); Be it enacted by the Senate and House of Rep- ‘‘(ii) disseminate the results of that re- (2) by redesignating paragraphs (8) through resentatives of the United States of America in search; and (23) as paragraphs (7) through (22), respec- Congress assembled, ‘‘(iii) establish and operate a clearinghouse tively; and SECTION 1. SHORT TITLE. for information derived from that research. (3) by adding at the end the following: This Act may be cited as the ‘‘Southwest ‘‘(B) ANNUAL REVIEW AND EVALUATION.—At ‘‘(23) WATERS OF THE UNITED STATES.—The Bridge Research Center Establishment Act least annually, and in accordance with the term ‘waters of the United States’ means all of 2005’’. plan developed under section 508 of title 23,

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4402 CONGRESSIONAL RECORD — SENATE April 27, 2005 the Secretary shall review and evaluate each establish a new University Transpor- England’s covered bridges, the new program carried out by the Center using tation Center focused on the safety of Zakim Charles River Bridge in Boston, funds from a grant provided under this sub- highway bridges. The new center will San Francisco’s Golden Gate Bridge, section. lead the Nation in the research and de- and the spectacular Rio Grande Gorge ‘‘(7) LIMITATION ON AVAILABILITY OF velopment of technologies for bridge FUNDS.—Funds made available to carry out Bridge near Taos, NM. The fact is, ac- this subsection shall remain available for ob- testing and monitoring, procedures for cording to the Federal Highway Ad- ligation for a period of 2 years after the last ensuring bridge safety and security, ministration, we have about 590,000 day of the fiscal year for which the funds are and training in methods of bridge in- highway bridges in this country that spection. New Mexico State University authorized. are more than 20-feet long. The total ‘‘(8) AMOUNT OF GRANT.—For each of fiscal is one of the Nation’s leaders in bridge bridge-deck area of these 590,000 years 2005 through 2010, the Secretary shall research and I believe worthy of being provide a grant in the amount of $3,000,000 to designated as one of the Nation’s uni- bridges is an amazing 120 square miles, the institution specified in paragraph (1) to versity transportation centers. or slightly smaller in area than the en- carry out this subsection. Our highway network is a central tire city limits of Albuquerque, NM, ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.— component of our economy and funda- roughly twice the size of the entire There is authorized to be appropriated from mental to our freedom and quality of District of Columbia, or five times the the Highway Trust Fund (other than the area of New York’s Manhattan Island. Mass Transit Account) to carry out this sub- life. America’s mobility is the engine section $3,000,000 for each of fiscal years 2005 of our free market system. Transpor- The State of Texas leads the Nation through 2010.’’. tation via cars, buses, and trucks plays with almost 49,000 bridges, about ten a central role in our basic quality of percent of the total. Ohio is second Mr. BINGAMAN. Mr. President, I am life. Much of the food we eat, the pleased to join with my colleague Sen- with about 28,000 highway bridges. clothes we wear, the materials for our ator DOMENICI today to introduce legis- A little known and disturbing fact homes and offices, comes to us over the about these 590,000 highway bridges is lation that I believe will go a long way 4 million miles of our road network. in helping to improve the safety and One critical element of our highway that nearly 78,000, or 13 percent, are durability of the Nation’s highway network is the highway bridges that considered to be structurally deficient bridges. It is with great pleasure we are span streams, rivers, and canyons of according to the most recent statistics today introducing the New Mexico our cities and rural areas. Bridges also from the FHWA. The percent of struc- State University Bridge Research Cen- help traffic flow smoothly by carrying turally deficient bridges varies widely ter Establishment Act of 2005. one road over another. among the 50 states. For example, this The purpose of our bill is to author- Most highway bridges are easy to chart shows the top ten states with the ize the Secretary of Transportation to overlook. Notable exceptions are New highest percentage of deficient bridges.

Percent of structurally deficient bridges (per- State Number of bridges Number of structurally deficient bridges cent)

Oklahoma ...... 23,312 7,307 31 .3 Rhode Island ...... 749 193 25.8 Pennsylvania ...... 22,253 5,464 24.6 Missouri ...... 23,791 5,028 21.1 Iowa ...... 24,902 5,259 21.1 Mississippi ...... 16,838 3,379 20 .1 Vermont ...... 2,690 484 18 .0 South Dakota ...... 5,961 1,072 18.0 North Dakota ...... 4,507 803 17.8 Nebraska ...... 15,455 2,550 16.5 Michigan ...... 10,818 1,764 16.3 The source is the FHWA National Bridge Inventory System, December 2004

Florida and Arizona have the lowest the bridges that are most in need of re- award-winning project was the first ap- percentages of structurally deficient placement or rehabilitation. plication of fiber-optic sensors to high- bridges at less than 3 percent each. To ensure the most efficient use of way bridges. In 2000, sensors were in- Structurally deficient bridges are a limited resources, Congress should also corporated directly in a concrete particular concern in rural areas of our address the need for new technologies bridge during construction to monitor country. According to FHWA’s 2002 edi- to help States monitor the condition of the curing of the concrete; the bridge tion of its Conditions and Performance the Nation’s 590,000 highway bridges crosses the Rio Puerco on Interstate 40, Report to Congress, 16 percent or rural and determine priorities for repair or west of Albuquerque. A third smart bridges are structurally deficient com- replacement. Such monitoring tech- bridge, on I10 over University Avenue pared to only 10 percent of urban nologies, or ‘‘smart bridges,’’ should be in Las Cruces, opened in July 2004. bridges. The report estimates the aver- quick, efficient, and not damage the In February 2003 I had an opportunity age costs required to maintain the ex- bridge in any way. I am very pleased to tour the facilities at NMSU and to isting 590,000 highway bridges is $7.3 that New Mexico State University is see firsthand the fine facilities and billion per year. one of the Nation’s pioneers in the de- work being conducted on bridge tech- velopment of non-destructive methods nology. NMSU has an actual 40-foot Another surprising fact about our of determining the physical condition ‘‘bridge’’ in a laboratory on campus to Nation’s highway bridges is their age. of highway bridges. Such smart bridges allow studies of instrumentation and Almost one-third of all highway can record and transmit information data collection. bridges are more than 50 years old, and on their current structural condition I will ask unanimous consent that over 10,000 bridges are at least 100 years as well as on the traffic crossing them. two recent articles describing NMSU’s old. About 4,200 of these century-old Sensors embedded in the concrete mon- accomplishments on smart bridge tech- bridges are currently rated as struc- itor the stresses on the bridge as the nology be printed in the RECORD at the turally deficient. weather changes or under the weight of end of my statement. I do believe the number of deficient vehicles and show how the materials New Mexico State is also a leader in bridges in this country should be a con- change with age. The information can other areas of bridge inspection. The cern to all Senators. Ensuring that then be used by engineers to help de- university has provided training for States and local communities have the sign more durable and economical bridge inspectors for over 30 years. It funds they need to help correct these bridges. Eventually NMSU’s methods has also developed expertise in using a deficient bridges will be one of my pri- could be used to help design better virtual reality approach to document a orities when Congress reauthorizes buildings. bridge’s physical condition. TEA–21. However, because there may In 1998, NMSU installed 67 fiber-optic This is just a glimpse at the high not be sufficient Federal and State sensors on an existing steel bridge on quality bridge research at New Mexico funding to address all of the deficient Interstate 10 in Las Cruces and con- Sate University. The university is bridges, it will be important to identify verted it into a ‘‘smart bridge.’’ This widely recognized as national leader in

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4403 all aspects of bridge research and tech- tion, the center will have a cooperative builders are seeking better data on bridge nology. I believe it is fully appropriate certificate program for training and conditions, Camp says. for NMSU to be recognized as the uni- professional development. Distance ‘‘We make a lot of assumptions with bridge theory,’’ he says. versity technology bridge research cen- education technology and computer- OPTIC MONITORS ter. based learning will allow programs to The bill we are introducing today au- be offered at any of the universities. The project entails stringing fiber-optic lines throughout the concrete, through thorizes the Secretary of Transpor- The engineers at New Mexico State which beams of light are shot. As the beam tation to establish and operate the New University have applied their vast tal- strains or stretches, the properties of the Mexico State University Bridge Re- ents, tools, and techniques to solving light change. Those changes are picked up by search Center. I do believe NMSU has technological problems with highway sensors and relayed to a data collection box earned this honor. The bill mirrors the bridges for over 30 years. The team is near the bridge for eventual analysis by language for University Transportation well established and maintains cutting- NMSU, which then will give the information Centers in the Senate-passed edge expertise. The members of the to the highway department, Idriss said. SAFETEA from the 108th Congress and team are recognized and respected at ‘‘Those changes can be calibrated to measure the strain,’’ she said. provides $40 million in funding over 6 the national and international levels At present, inspection of bridges and other years from the Highway Trust Fund to through accomplishments in bridge concrete structures is done primarily by vis- operate the bridge technology center. testing, monitoring, and evaluation. ual analysis and electronic sensors on out- The Federal Highway Administration I ask all senators to support the des- side surfaces. has long recognized the quality of the ignation of the New Mexico State Uni- ‘‘Here, you’re actually getting measure- work at NMSU and has provided grants versity Bridge Research Center. I look ments from within,’’ Idriss said, adding that to support their outstanding work. In forward to working this year with the the added costs would be insignificant in large projects. November 2004, NMSU’s bridge center Chairman of the Environment and Pub- She said she thinks the technology could was awarded a $400,000 grant to install lic Works Committee, Senator INHOFE, be applied to other structures, such as build- fiber-sensors in a new bridge over and Senator JEFFORDS, the ranking ings. Interstate 10 in Don˜ a Ana, NM. The member, to incorporate this bill into ‘‘It could become an industry standard,’’ sensors will relay information about the full 6-year reauthorization of the she said. ‘‘Right now, it’s still in its in- the effects of stress on the bridge long transportation bill. fancy.’’ Highway departments in Switzerland, Bel- before any signs of aging are visible. I now ask unanimous consent that gium and Japan are experimenting with This is the fourth bridge in New Mexico the letters to which I referred be print- similar technology, she said. About 20 of the to be equipped with the smart bridge ed in the RECORD. 560,000 major highway bridges in the U.S. technology. NMSU’s Dr. Rola Idriss is There being no objection, the mate- have some sort of onboard sensors to detect the principal investigator of these rial was ordered to be printed in the changes, vibration and other factors, accord- projects. RECORD, as follows: ing to the Federal Highway Administration. NMSU’s work is also being recog- [From the Albuquerque Journal, Mar. 1, 2004] The beams were cast at Albuquerque-based nized internationally. Highway depart- Rinker Prestress, a division of Florida-based NMSU DESIGNS HIGH-TECH BEAMS TO Rinker Materials, which employs 75 people ments in Switzerland, Belgium, and MONITOR SOUNDNESS OF STRUCTURE at three New Mexico plants. Japan are experimenting with the (By Andrew Webb) smart bridge technology. In October What if a highway bridge could actually [From the Associated Press, Oct. 4, 2004] 2004, NMSU’s Dr. David Jauregui and tell you it was wearing out? Or, how about a INTERSTATE 10 BRIDGE TO PROVIDE HOW Dr. Ken White were invited speakers building that could warn its owners of un- BRIDGES AGE for the International Conference on seen structural damage after an earthquake? LAS CRUCES, N.M.—Sensors monitoring Bridge Inspection and Bridge Manage- That’s what researchers from New Mexico stresses on an Interstate 10 bridge will give State University hope to produce by embed- researchers information on how materials ment in Beijing, China. Dr. White de- ding high-tech optical sensors in concrete livered the keynote address for the age. beams. The six 90-ton beams, each with 120 New Mexico State University tested the conference. NMSU is currently devel- sensors, will support the westbound lanes of technology earlier on a bridge over the Rio oping a memorandum of agreement the Interstate 10 overpass at University Ave- Puerco near Albuquerque. It installed the with the Chinese bridge community to nue in Las Cruces, expected to be completed technology in late summer in the I–10 bridge develop a bridge inspection and man- in July. in Las Cruces. agement training program. When the bridge is complete, the sensors The idea is that the bridge will provide in- Congress has also already recognized will give federal and state highway depart- formation for researchers on how to build the fine work at NMSU. For example, ments feedback about the performance of its bridges with high-performance concretes, design, the new high-performance concrete it at my request, Congress provided which could save highway departments is made of, and its structural soundness as it money in the future, said Wil Dooley, bridge $600,000 in 2001 for bridge research at ages, says NMSU professor of civil engineer- engineer for the Federal Highway Adminis- New Mexico State University, $250,000 ing Rola Idriss. tration’s state division. in 2003, $500,000 in 2004 and $125,000 for ‘‘We’ll get information on how the bridge Inside the bridge’s beams are fiber optic the current fiscal year. carries its load throughout its entire life,’’ sensors that monitor how each component The specific purpose of NMSU’s said Idriss. She was in Albuquerque last bends and changes in different weather and Bridge Research Center will be to con- week to help supervise the placement of the with varying weights of vehicles. tribute to improving the performance sensors and fiber-optic lines in molds at an The sensors carry data from the bridge to Albuquerque construction materials busi- a locker-size box near an off ramp, where of the Nation’s highway bridges. The ness. NMSU scientists download the data each center will emphasize five goals: 1. In- The bridge will be the first of its kind in week to a portable computer. creasing the number of skilled individ- the country, Idriss says. NMSU embedded ‘‘These newer concretes are more durable uals entering the field of transpor- similar sensors, which are manufactured by and they’re going to last longer,’’ Dooley tation; 2. Improving the monitoring of the Swiss flrm Smartec, in a much smaller said. ‘‘All our calculations for how to build the structural health of highway Interstate 40 bridge over the Rio Puerco west bridges are made on traditional concrete. bridges; 3. Developing innovative tech- of Albuquerque in 2000. Studying new concretes in the smart bridge ‘‘That research was very promising, so will help us modify those equations and nologies for testing and assessment of we’re taking what we learned on that bridge make new bridges that last longer and cost bridges; 4. Developing technologies and and putting it on a much larger Interstate less to build.’’ procedures for ensuring bridge safety, bridge,’’ says Jimmy Camp, a state bridge NMSU researchers embedded 120 optical reliability, and security; and 5. Pro- engineer with the New Mexico Department of sensors in each of six 90-ton concrete beams viding training in the methods of Transportation, which helped fund the in the I–10 overpass. Beams of light are car- bridge inspection and evaluation. $500,000 sensor project along with the Federal ried by fiber optic lines laced through the Building on NMSU’s research work, Highway Administration. beams. As the beam strains or stretches, the the University Technology Center will The total cost of the Las Cruces project, properties of the light change. which began last summer, is about $6.3 mil- New Mexico is an ideal location to test develop a strong educational compo- lion. stresses on different types of concrete. Hot nent, including degree opportunities in As the expected lifespan of concrete days and cold nights cause concrete to bend bridge engineering at both the under- bridges has gone from about 50 years in the and flex, and that happens more in New Mex- graduate and graduate levels. In addi- Interstate system’s early days to nearly 80, ico than in many other states, Dooley said.

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4404 CONGRESSIONAL RECORD — SENATE April 27, 2005 Rola Idriss, an NMSU civil engineering cense current every year since I closed construction and maintenance of a professor who is developing the smart bridge my clinic and ran for elected office. flood control project; to the Committee technology, said the researchers could Veterinarians are a unique national on Energy and Natural Resources. download information from the sensors re- resource, as they are the only health Mr. REID. Mr. President, I rise today motely, but the I–10 bridge is close to cam- to introduce the Orchard Detention pus. professionals trained in multi-species In the future, when the technology is put comparative medicine. As a result of Basin Flood Control Act for myself and into bridges in rural areas, highway depart- this training, the veterinary profession Senator ENSIGN. This Act will release ments could monitor them remotely—even is able to provide an extraordinary link approximately 65 acres of land man- monitoring all the bridges in the state from between agriculture and human medi- aged by the Bureau of Land Manage- one location, she said. cine. The uses made of this link have ment in Clark County, NV; from the ‘‘This is a trend to the future,’’ Idriss said. been extensive, with multiple benefits Sunrise Mountain Instant Study Area ‘‘The bridge can give you real data about to society. to allow the construction of an impor- how things are aging. We can use that data Currently, approximately 20 percent, tant flood control project. to fix problems early and design better The Orchard Detention Basin project bridges with fewer problems in the future.’’ 15,000, of all veterinarians in the Highway engineers intend to put the tech- United States are I engaged in either is part of the Clark County Regional nology next into a bridge on U.S. 70 near private population-health practice Flood Control District’s Master Plan to White Sands National Monument. with a significant food animal compo- protect the Las Vegas Valley from That might be ideal for testing remote nent or public practice in one of its flooding. This comprehensive flood- monitoring systems, Idriss said. various forms. The need for new grad- plain management program is designed Dooley said the technology also could be uates entering the field is imperative to protect private and public lands used in large projects to sense corrosion and from flood damage and to save lives in allow problems to be corrected before a cata- to preparing the country for the threats of agroterrorism and bioter- this rapidly growing metropolitan strophic failure, Dooley said. area. When completed, the Orchard De- Adding sensors does not add much expense. rorism. If new graduates do not enter The I–10 bridge cost $6.2 million; the sensors these fields, government, nongovern- tention Basin project will protect ap- and monitoring equipment, along with the mental organizations, industry, and ag- proximately 1,800 acres of urban devel- expense of studying the data, ran $500,000 ribusiness will employ lesser qualified opment from flooding and reduce the more, with the money coming from the Fed- individuals to fill their needs. magnitude of flooding further down- eral Highway Administration and state De- There is a critical shortage of veteri- stream. partment of Transportation, Idriss said. narians working in public health areas. The boundary change executed by ‘‘We’re basically proving out the tech- this legislation is needed because a nology for them,’’ she said. ‘‘The informa- The Health Resources and Services Ad- ministration, U.S. Department of Agri- portion of the detention basin project tion we gather feeds right back to them. lies within the boundaries of the Sun- They tell us what they want and we research culture, U.S. Public Health Service, rise Mountain Instant Study Area. An it.’’ veterinary academia, National Re- ‘‘instant study area’’ designation search Council, and the Bureau of places development restrictions on By Mr. ALLARD (for himself, Mr. Labor Statistics are unified in report- public lands similar to those on wilder- SMITH, Mr. LOTT, and Mr. DUR- ing that the shortage of veterinarians ness study areas. This designation cur- BIN): in the workforce will only continue to rently prevents the construction of S. 914. A bill to amend the Public worsen. Combined with a rapidly grow- this important flood control project, Health Service Act to establish a coming population and increased human to leaving the land and residents living petitive grant program to build capac- animal interaction, there is an urgent downstream vulnerable to flood dam- ity in veterinary medical education need to adequately prepare the Na- and expand the workforce of veterinar- age. tion’s veterinary colleges so they may Even though the Las Vegas Valley is ians engaged in public health practice educate the workforce of the future. and biomedical research; to the Com- a desert, flash flooding is an all too The VWEA would allow credentialed common problem affecting the people mittee on Health, Education, Labor, schools of veterinary medicine to com- and Pensions. in Las Vegas. Along with property pete for Federal grant funding under damage and deaths related to flooding, Mr. ALLARD. Mr. President, April the Department of Health and Human 27, 2005, marks an important day for Clark County residents experience in- Services. These grants would be for convenience resulting from impassable health care, especially personnel in- capital costs associated with expanding volved in public health specialties, be- roads during flooding events. Support the existing schools of veterinary med- services such as police, fire and ambu- cause it is the day that I introduced icine or their academic programs in the Veterinary Workforce Expansion lance can also be delayed, creating life- the areas of public health practice. threatening incidents. Act, VWEA. This bill will create a new This new grant program will be author- competitive grant program in the De- I look forward to working with the ized for 10 fiscal years. At that point, it Energy Committee and my other dis- partment of Health and Human Serv- is my hope and goal that the veteri- ices for capital improvements to the tinguished friends to move this bill in nary medical colleges will be ade- a timely manner during the current Nation’s veterinary medical colleges. quately prepared to educate the veteri- Many Americans do not realize that session. nary workforce for the future. I ask unanimous consent that the veterinarians are essential for early de- For more than 100 years, veterinary text of the bill be printed in the tection and response to unusual disease medical colleges have effectively deliv- RECORD. events that could be linked to newly ered a core educational program that There being no objection, the bill was emerging infectious diseases such as has enabled veterinarians to adapt and ordered to be printed in the RECORD, as monkeypox, SARS, and West Nile respond to evolving societal needs. follows: Virus, just to name a few. The training Being a veterinarian myself, I want to S. 916 and education that veterinarians re- continue this tradition by expanding Be it enacted by the Senate and House of Rep- ceive prepares them to address the con- existing veterinary colleges. I hope resentatives of the United States of America in cerns of bioterrorism and emerging in- that you will join me in my efforts to Congress assembled, fectious diseases, most of which are protect the Nation’s public health by SECTION 1. SHORT TITLE. transmitted from animals to man. In providing much-needed support for vet- This Act may be cited as the ‘‘Orchard De- fact, 80 percent of biothreat agents of erinary medical education. tention Basin Flood Control Act’’. concern fall into this category. I be- SEC. 2. DEFINITIONS. lieve veterinarians should be our first- By Mr. REID (for himself and Mr. In this Act: (1) COUNTY.—The term ‘‘County’’ means responders when it comes to these ENSIGN): threats. I know that they are uniquely S. 916. A bill to provide for the re- Clark County, Nevada. (2) MAP.—The term ‘‘map’’ means the map qualified to address these issues be- lease of certain land from the Sunrise entitled ‘‘Orchard Detention Basin’’ and cause I have received this training my- Mountain Instant Study Area in the dated March 18, 2005. self. I received my DVM from Colorado State of Nevada and to grant a right- (3) SECRETARY.—The term ‘‘Secretary’’ State University and have kept my li- of-way across the released land for the means the Secretary of the Interior.

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4405 SEC. 3. RELEASE OF CERTAIN LAND IN THE SUN- Under this program, VA offers loan ‘‘§ 3761. Authority for housing loans for Na- RISE MOUNTAIN INSTANT STUDY guaranties that protect lenders against tive American veterans AREA. ‘‘(a) The Secretary shall make direct hous- (a) FINDING.—Congress finds that the land loss up to the amount of the guaranty ing loans to Native American veterans in ac- described in subsection (c) has been ade- if the borrower fails to repay the loan. cordance with the provisions of this sub- quately studied for wilderness designation Previous to the Native American Vet- under section 603 of the Federal Land Policy chapter. eran Housing Loan Program, Native ‘‘(b) The purpose of loans under this sub- and Management Act of 1976 (43 U.S.C. 1782). American veterans who resided on chapter is to permit Native American vet- (b) RELEASE.—The land described in subsection (c)— these lands were unable to qualify for erans to purchase, construct, or improve (1) is no longer subject to section 603(c) of VA home-loan benefits. With the Na- dwellings on trust land.’’. (b) CONFORMING AMENDMENTS.—Section the Federal Land Policy and Management tive American Veteran Housing Loan 3762 of such title is amended— Act of 1976 (43 U.S.C. 1782(c)); and Program, indigenous peoples residing (1) in subsection (a), by inserting ‘‘under (2) shall be managed in accordance with— on trust lands are now able to use this this subchapter’’ after ‘‘Native American (A) land management plans adopted under very important VA benefit. veteran’’ in the matter preceding paragraph section 202 of that Act (43 U.S.C. 1712); and The Native American Veteran Hous- (1); (B) cooperative conservation agreements ing Loan Program is intended to serve (2) in subsection (b)(1)(E), by striking ‘‘in in existence on the date of enactment of this veterans who are eligible for homes order to ensure’’ and all that follows and in- Act. serting a period; (c) DESCRIPTION OF LAND.—The land re- under the Hawaiian Homes Commission ferred to in subsections (a) and (b) is the ap- Act, and who reside on Pacific Islands (3) in subsection (c)(1)(B), by striking proximately 65 acres of land in the Sunrise lands that have been communally ‘‘shall be the amount’’ and all that follows in Mountain Instant Study Area of the County owned by cultural tradition and on Na- the second sentence and inserting ‘‘shall be such amount as the Secretary considers ap- that is— tive American trust lands on the conti- (1) known as the ‘‘Orchard Detention propriate for the purpose of this sub- nental United States. This VA-admin- chapter.’’; Basin’’; and istered program assists Native Amer- (2) designated for release on the map. (4) in subsection (d)(1), by striking the sec- (d) RIGHT-OF-WAY.—The Secretary shall ican veterans by providing them direct ond sentence; grant to the County a right-of-way to the loans to build or purchase homes on (5) in subsection (i)— land described in subsection (c) for the con- such lands. (A) in paragraph (1), by striking ‘‘of the struction and maintenance of the Orchard Before VA can make a loan on tribal pilot program’’ and all that follows and in- Detention Basin Project on the land. trust land, the tribe must enter into a serting ‘‘of the availability of direct housing Memorandum of Understanding with loans for Native American veterans under this subchapter.’’; and By Mr. AKAKA: VA to clarify some of the issues that S. 917. A bill to amend title 38; (B) in paragraph (2)— could arise when administering the United States Code, to make perma- (i) in subparagraph (A), by striking ‘‘under program. During fiscal year 2004, VA nent the pilot program for direct hous- the pilot program’’ and all that follows and entered into two Memoranda of Under- ing loans for Native American vet- inserting ‘‘under this subchapter’’; standing with tribal entities. In addi- (ii) in subparagraph (E), by striking ‘‘in erans; to the Committee on Veterans’ tion, VA is currently negotiating nine participating in the pilot program’’ and in- Affairs. serting ‘‘in participating in the making of di- Mr. AKAKA. Mr. President, today I Memoranda of Understanding with Na- tive American tribes. Trust lands that rect loans under this subchapter’’; and rise to offer legislation that would (6) by striking subsection (j). make the Native American Veteran are eligible for this program include (c) CLERICAL AMENDMENTS.—(1) The head- Housing Loan Pilot Program perma- tribally and individually held trusts. ing of subchapter V of chapter 37 of such nent. In April 1992, I sponsored a bill Per a Memorandum of Understanding title is amended to read as follows: that established the Native American between VA and the Bureau of Indian ‘‘SUBCHAPTER V—HOUSING LOANS FOR Veteran Housing Loan Pilot Program. Affairs (BIA), VA and BIA Regional Of- NATIVE AMERICAN VETERANS’’. That bill later became Public Law 102– fices work to implement this loan pro- (2) The table of contents for such chapter 547 and authorized the Department of gram together. Additionally, VA per- is amended— sonnel continue to conduct outreach (A) by striking the matter relating to the Veterans Affairs (VA) to establish a subchapter heading of subchapter V and in- pilot program that would provide vet- with tribal representatives to solicit assistance in reaching out to tribal serting the following new item: erans with assistance in purchasing, ‘‘SUBCHAPTER V—HOUSING LOANS FOR NATIVE constructing, and improving homes members who are veterans. AMERICAN VETERANS’’; Per capita, Native Americans have through 1997. This pilot program has and been extended several times. In fact, the highest percentage of people serving in the United States Armed Forces. (B) by striking the item relating to section last Session Congress extended this 3761 and inserting the following new item: While they represent less that 1 per- pilot program by three years. ‘‘3761. Authority for housing loans for Through January of this year, 443 cent of the population, they make up Native American veterans.’’. loans were created under this program. 1.6 percent of the Armed Forces. I want It is time to make this program perma- to reiterate that through January of By Mr. OBAMA (for himself, Mr. nent. 2005, 443 loans have been made to Na- TALENT, and Mr. DURBIN): The Native American home owner- tive Americans under this program. S. 918. A bill to provide for Flexible ship rate is about half the rate of the This allows those who have served our Fuel Vehicle (FFV) refueling capa- general U.S. population. This issue par- nation so honorably and their families bility at new and existing refueling tially stems from the fact that lenders to be a part of the American Dream of station facilities to promote energy se- generally require that buyers own the home ownership. We need to make the curity and reduction of greenhouse gas parcel of land on which their homes Native American Veteran Housing emissions; to the Committee on Fi- will be located. This is difficult for Loan permanent this year. nance. many in Indian Country, Alaska, and I ask unanimous consent that the Mr. OBAMA. Mr. President, we have Hawaii because their homes are on text of the bill be printed in the all heard from folks back home about trust lands. Most lenders decline these RECORD. the high price of gasoline. When you loan applications because Federal law There being no objection, the bill was pull into a gas station to fill up your prohibits a lender from taking posses- ordered to be printed in the RECORD, as tank, you’re now paying some of the sion of Native trust lands in the event follows: highest prices of all time. of a default. Several Federal programs S. 917 And when you turn on the news, you have been developed to provide home Be it enacted by the Senate and House of Rep- see that our dependence on foreign oil ownership opportunities to Native resentatives of the United States of America in keeps us tied to one of the most dan- Americans. The Native American Vet- Congress assembled, gerous and unstable regions in the eran Housing Loan Program is one SECTION 1. PERMANENT AUTHORITY FOR HOUS- world. With oil at more than $50 per ING LOANS FOR NATIVE AMERICAN such program that has helped to make VETERANS. barrel, some argue that the best way to home ownership a reality for indige- (a) PERMANENT AUTHORITY.—Section 3761 of deal with high gasoline prices is to nous peoples, particularly Native Ha- title 38, United States Code, is amended to wait it out—to wait until the world waiians. read as follows: market dynamics change.

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4406 CONGRESSIONAL RECORD — SENATE April 27, 2005 I disagree with that mindset. For too SECTION 1. SHORT TITLE, ETC. ‘‘(A) with respect to any retail alternative long now, we’ve relied too heavily on (a) SHORT TITLE.—This Act may be cited as fuel vehicle refueling property, shall not ex- foreign oil to fuel our energy needs in the ‘‘E–85 Fuel Utilization and Infrastruc- ceed $30,000, and this country. This is not good for the ture Development Incentives Act of 2005’’. ‘‘(B) with respect to any residential alter- (b) AMENDMENT OF 1986 CODE.—Except as native fuel vehicle refueling property, shall United States—not for our economy, otherwise expressly provided, whenever in not exceed $1,000. not for our national security, and not this division an amendment or repeal is ex- ‘‘(2) PHASEOUT.— for our people. pressed in terms of an amendment to, or re- ‘‘(A) IN GENERAL.—In the case of any quali- The bill I am introducing today, peal of, a section or other provision, the ref- fied alternative fuel vehicle refueling prop- along with my distinguished colleagues erence shall be considered to be made to a erty placed in service after December 31, from Illinois and Missouri, is designed section or other provision of the Internal 2010, the limit otherwise applicable under to do something about fuel prices and Revenue Code of 1986. paragraph (1) shall be reduced by— our reliance on foreign oil—something (c) TABLE OF CONTENTS.—The table of con- ‘‘(i) 25 percent in the case of any alter- tents for this Act is as follows: native fuel vehicle refueling property placed rooted in reality, something achievable Sec. 1. Short title, etc. in service in calendar year 2011, and in the short term, and something that Sec. 2. Purpose. ‘‘(ii) 50 percent in the case of any alter- actually works. Sec. 3. Findings. native fuel vehicle refueling property placed Last week, I visited a gasoline sta- Sec. 4. Incentives for the installation of al- in service in calendar year 2012. tion in Springfield, IL, where along ternative fuel refueling sta- ‘‘(c) YEAR CREDIT ALLOWED.—The credit al- with regular gasoline, a new kind of tions. lowed under subsection (a) shall be allowed fuel is offered for consumers—a fuel Sec. 5. Incentives for the retail sale of alter- in the taxable year in which the qualified al- known as E–85. E–85 is a clean, alternative fuels as motor vehicle ternative fuel vehicle refueling property is fuel. placed in service by the taxpayer. native form of transportation fuel con- ‘‘(d) DEFINITIONS.—For purposes of this sec- sisting of a blend of 85 percent ethanol SEC. 2. PURPOSE. The purpose of this Act is to decrease the tion— and 15 percent gasoline. Ethanol is dependence of the United States on foreign ‘‘(1) QUALIFIED ALTERNATIVE FUEL VEHICLE made from renewable, Midwestern oil by increasing the use of high ratio blends REFUELING PROPERTY.—The term ‘qualified corn, and it is 40–60 cents cheaper per of gasoline with a minimum 85 percent do- alternative fuel vehicle refueling property’ gallon than standard gasoline. Last mestically derived ethanol content (E–85) as has the same meaning given for clean-fuel week, at this Springfield station, reg- an alternative fuel and providing greater ac- vehicle refueling property by section 179A(d), cess to this fuel for American motorists. but only with respect to any fuel at least 85 ular gasoline was listed at $2.06 and E– percent of the volume of which consists of SEC. 3. FINDINGS. 85 was selling for $1.69. ethanol. Congress finds the following: Not every car can run on E–85 fuel— ‘‘(2) RESIDENTIAL ALTERNATIVE FUEL VEHI- (1) The growing United States reliance on but there are millions of cars that can. CLE REFUELING PROPERTY.—The term ‘resi- foreign produced petroleum and the recent They’re known as ‘‘flexible-fuel vehi- dential alternative fuel vehicle refueling escalation of crude oil prices demands that property’ means qualified alternative fuel cles,’’ and the auto industry is turning all prudent measures be undertaken to in- vehicle refueling property which is installed out hundreds of thousands of them crease United States refining capacity, do- on property which is used as the principal every year. And if any of you are won- mestic oil production, and expanded utiliza- residence (within the meaning of section 121) dering whether cars will run as well on tion of alternative forms of transportation of the taxpayer. fuels and infrastructure. E–85 as they would on regular gas, just ‘‘(3) RETAIL ALTERNATIVE FUEL VEHICLE RE- (2) Recent studies confirm the environ- ask the Indy 500, which recently an- FUELING PROPERTY.—The term ‘retail alter- mental and overall energy security benefits nounced that all of their cars will soon native fuel vehicle refueling property’ means of high ratio blends of gasoline with a min- run on E–85 fuel. qualified alternative fuel vehicle refueling imum 85 percent domestically derived eth- The only problem we have now is property which is installed on property anol content (E–85), especially with regard to (other than property described in paragraph that we’re in short supply of E–85 sta- the reduction of greenhouse gas emissions (2)) used in a trade or business of the tax- tions. While there are more than 180,000 from the national on-road passenger car vegas stations all over America, there are payer. hicle fleet. ‘‘(e) APPLICATION WITH OTHER CREDITS.— only about 400 E–85 stations. And al- (3) The market penetration of E–85 capable The credit allowed under subsection (a) for though E–85 has many environmental Flexible Fuel Vehicles (FFVs) now exceeds any taxable year shall not exceed the excess benefits and is a higher performing 5,000,000 with an additional 1,000,000 or more (if any) of— fuel, the fuel economy of E–85 is slight- FFVs expected to be added annually as auto- ‘‘(1) the regular tax for the taxable year rely lower than that of regular gasoline. makers continue to respond positively to duced by the sum of the credits allowable congressionally provided production incen- under subpart A and sections 27, 29, and 30, An additional incentive is needed to tives. help ensure that the cost of this clean over (4) It is further recognized that actual im- ‘‘(2) the tentative minimum tax for the fuel remains competitive with that of plementation of the use of E–85 fuel has been taxable year. regular gasoline. significantly underutilized due primarily to ‘‘(f) BASIS REDUCTION.—For purposes of this That is why I’m introducing a bill to the lack of E–85 refueling infrastructure title, the basis of any property shall be re- provide a tax credit of 50% for building availability and promotion and that such duced by the portion of the cost of such prop- an E–85 fuel station and a tax credit of utilization rate will continue to lag unless erty taken into account under subsection (a). 35 cents per gallon of E–85 fuel. This resources are provided to substantially ac- ‘‘(g) NO DOUBLE BENEFIT.—No deduction celerate national refueling infrastructure de- provision is similar to a provision that shall be allowed under section 179A with re- velopment. spect to any property with respect to which already has passed the Senate three (5) Additionally, incentives in the form of a credit is allowed under subsection (a). times. I hope my colleagues will pass tax credits can serve to stimulate infrastruc- ‘‘(h) REFUELING PROPERTY INSTALLED FOR this provision again. ture development and E–85 fuel utilization. TAX-EXEMPT ENTITIES.—In the case of quali- We’ve talked for too long about en- SEC. 4. INCENTIVES FOR THE INSTALLATION OF fied alternative fuel vehicle refueling prop- ergy independence in this country, and ALTERNATIVE FUEL REFUELING erty installed on property owned or used by I think this bill gives us an oppor- STATIONS. an entity exempt from tax under this chap- tunity to actually get something done (a) IN GENERAL.—Subpart B of part IV of ter, the person which installs such refueling subchapter A of chapter 1 (relating to foreign about it. I urge the support of my col- property for the entity shall be treated as tax credit, etc.) is amended by adding at the the taxpayer with respect to the refueling leagues of this bill, and I thank the end the following new section: property for purposes of this section (and Chair. ‘‘SEC. 30B. ALTERNATIVE FUEL VEHICLE REFUEL- such refueling property shall be treated as I ask unanimous consent that the ING PROPERTY CREDIT. retail alternative fuel vehicle refueling prop- text of the bill be printed in the ‘‘(a) CREDIT ALLOWED.—There shall be al- erty) and the credit shall be allowed to such RECORD. lowed as a credit against the tax imposed by person, but only if the person clearly dis- There being no objection, the bill was this chapter for the taxable year an amount closes to the entity in any installation con- ordered to be printed in the RECORD, as equal to 50 percent of the amount paid or in- tract the specific amount of the credit allow- follows: curred by the taxpayer during the taxable able under this section. year for the installation of qualified alter- ‘‘(i) CARRYFORWARD ALLOWED.— S. 918 native fuel vehicle refueling property. ‘‘(1) IN GENERAL.—If the credit amount al- Be it enacted by the Senate and House of Rep- ‘‘(b) LIMITATION.— lowable under subsection (a) for a taxable resentatives of the United States of America in ‘‘(1) IN GENERAL.—The credit allowed under year exceeds the amount of the limitation Congress assembled, subsection (a)— under subsection (e) for such taxable year

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4407 (referred to as the ‘unused credit year’ in the event the purchaser is a tax-exempt enti- tional major systems; provides captive this subsection), such excess shall be allowed ty or otherwise declines to accept such cred- rail customers who cannot afford to as a credit carryforward for each of the 20 it, to the person which supplied such fuel, participate in expensive rate challenge taxable years following the unused credit under rules established by the Secretary. proceedings access to arbitration; and year. ‘‘(d) PASS-THRU IN THE CASE OF ESTATES ‘‘(2) RULES.—Rules similar to the rules of AND TRUSTS.—Under regulations prescribed directs the STB to adopt a more real- section 39 shall apply with respect to the by the Secretary, rules similar to the rules istic and workable rate reasonableness credit carryforward under paragraph (1). of subsection (d) of section 52 shall apply. standard. ‘‘(j) SPECIAL RULES.—Rules similar to the ‘‘(e) TERMINATION.—This section shall not In addition to a lack of competition rules of paragraphs (4) and (5) of section apply to any fuel sold at retail after Decem- in many markets, the rail industry in 179A(e) shall apply. ber 31, 2010.’’. America is badly in need of investment ‘‘(k) REGULATIONS.—The Secretary shall REDIT REATED AS USINESS REDIT (b) C T B C .— into its infrastructure. To address the prescribe such regulations as necessary to Section 38(b) (relating to current year busi- carry out the provisions of this section. ness credit) is amended by striking ‘‘plus’’ at infrastructure problem, the legislation ‘‘(l) TERMINATION.—This section shall not the end of paragraph (18), by striking the pe- increases ten-fold the current Railroad apply to any property placed in service after riod at the end of paragraph (19) and insert- Rehabilitation and Infrastructure Fi- December 31, 2013.’’. ing ‘‘, plus’’, and by adding at the end the nancing program. The legislation also (b) CONFORMING AMENDMENTS.— following new paragraph: expands who is eligible for the loans (1) Section 1016(a) is amended by striking ‘‘(20) the alternative fuel retail sales credit and loan guarantees, so that qualified ‘‘and’’ at the end of paragraph (30), by strik- determined under section 40B(a).’’. shipping entities can also invest in rail ing the period at the end of paragraph (31) (c) CLERICAL AMENDMENT.—The table of and inserting ‘‘, and’’, and by adding at the sections for subpart D of part IV of sub- infrastructure. end the following new paragraph: chapter A of chapter 1 is amended by insert- This is about jobs, plain and simple. ‘‘(32) to the extent provided in section ing after the item relating to section 40A the Last year, when the intermodal hub in 30B(f).’’. following new item: Shelby, Montana was closed, over 40 (2) Section 55(c)(2) is amended by inserting ‘‘Sec. 40B. Credit for retail sale of alter- jobs were lost. The Port Authority in ‘‘30B(e),’’ after ‘‘30(b)(3),’’. native fuels as motor vehicle Shelby reached out to the railroads to (3) The table of sections for subpart B of fuel.’’. persuade them to keep the hub open, part IV of subchapter A of chapter 1 is (d) EFFECTIVE DATE.—The amendments amended by inserting after the item relating but without competition, the single made by this section shall apply to fuel sold to section 30A the following new item: supplier chose to close. Those jobs are at retail after the date of the enactment of ‘‘Sec. 30B. Alternative fuel vehicle re- real losses in Shelby, a town of a little this Act, in taxable years ending after such over 3,000 people. As high rail rates fueling property credit.’’. date. (c) EFFECTIVE DATE.—The amendments make U.S. products less competitive, made by this section shall apply to property By Mr. BURNS (for himself, Mr. imports flow in to fill the gap—and placed in service after the date of the enact- ROCKEFELLER, Mr. DORGAN, Mr. that costs us jobs. I understand that ment of this Act, in taxable years ending CRAIG, Mr. DAYTON, Mr. VITTER, the rail industry employs a lot of peo- after such date. Mr. THUNE, Mr. JOHNSON, Mr. ple, and I am glad for those jobs. But SEC. 5. INCENTIVES FOR THE RETAIL SALE OF BAUCUS, and Mr. COLEMAN): we can not let lack of choice and com- ALTERNATIVE FUELS AS MOTOR VE- petition in price and service cost us HICLE FUEL. S. 919. A bill to amend title 49, jobs in other areas. (a) IN GENERAL.—Subpart D of part IV of United States Code, to enhance com- subchapter A of chapter 1 (relating to busi- petition among and between rail car- Since passage of the Staggers Act in ness related credits) is amended by inserting riers in order to ensure efficient rail 1980, the railroad industry has experi- after section 40A the following new section: service and reasonable rail rates, and enced significant consolidation, from ‘‘SEC. 40B. CREDIT FOR RETAIL SALE OF ALTER- for other purposes; to the Committee over 40 major railroads down to 7. NATIVE FUELS AS MOTOR VEHICLE on Commerce, Science, and Transpor- Roughly 35 percent of the rail traffic in FUEL. America is captive, driving up the cost ‘‘(a) GENERAL RULE.—The alternative fuel tation. retail sales credit for any taxable year is 35 Mr. BURNS. Mr. President, as the of transportation and placing a heavy cents for each gallon of alternative fuel sold Senate begins the important task of burden on shippers. at retail by the taxpayer during such year. debating the highway bill reauthoriza- Captive shippers, like my farmers in ‘‘(b) DEFINITIONS.—For purposes of this section, another critical infrastructure Montana, have nowhere to go to seek tion— issue comes to mind: railroads. In Mon- relief. The Surface Transportation ‘‘(1) ALTERNATIVE FUEL.—The term ‘alter- tana, we rely heavily on both passenger Board, the watchdogs over the rail sys- native fuel’ means any fuel at least 85 per- tem, is a complicated and expensive cent of the volume of which consists of eth- and freight rail for our transportation anol. needs. However, Montana is served by mess that hardly provides a fair forum ‘‘(2) SOLD AT RETAIL.— only one major railroad, resulting in for disputes. To bring a rate reason- ‘‘(A) IN GENERAL.—The term ‘sold at retail’ shippers being captive to little or no ableness case, challenging the unfair means the sale, for a purpose other than re- competition for price or service qual- rates charged to captive shippers, a rail sale, after manufacture, production, or im- ity. That lack of competition hurts our customer must first file huge fees—fees portation. competitiveness for agriculture and that will double in the coming weeks. ‘‘(B) USE TREATED AS SALE.—If any person manufacturing. It drives up the cost of Then, the customer must construct a uses alternative fuel (including any use after hypothetical railroad and prove to the importation) as a fuel to propel any qualified electricity, because of the increased alternative fuel motor vehicle (as defined in costs for coal. Sometimes, it even costs STB that rail transportation theoreti- this section) before such fuel is sold at retail, us jobs in Montana. cally can be provided at a lower fee. then such use shall be treated in the same To address the problems faced by That process can cost over $2 million manner as if such fuel were sold at retail as many captive shippers, I am intro- per case, and take years to see a fuel to propel such a vehicle by such per- ducing today the Railroad Competition through. At the end, even if the shipper son. Act of 2005. I am joined by my col- wins, all he gets is a lower fee in the ‘‘(3) QUALIFIED ALTERNATIVE FUEL MOTOR leagues, Senators ROCKEFELLER, DOR- future. Too often, damages for past VEHICLE.—The term ‘new qualified alter- overcharging are not awarded. Mean- native fuel motor vehicle’ means any motor GAN, CRAIG, DAYTON, VITTER, THUNE, vehicle— JOHNSON, BAUCUS, and COLEMAN. This while, the railroad sits idly by, under ‘‘(A) which is capable of operating on an al- legislation will extend competition to no obligation to justify its rates, and ternative fuel, many captive rail customers and cor- continues to collect the exorbitant fees ‘‘(B) the original use of which commences rect problems in the Surface Transpor- that are under dispute. This system with the taxpayer, tation Board’s implementation of rail- can not stand. ‘‘(C) which is acquired by the taxpayer for road deregulation. Specifically, the The Railroad Competition Act of 2005 use or lease, but not for resale, and legislation ensures that rail customers directs the STB to address this nonsen- ‘‘(D) which is made by a manufacturer. ‘‘(c) ELECTION TO PASS CREDIT.—A person will receive rate quotes for movements sical system, and develops a final offer which sells alternative fuel at retail may between various points on a railroad’s arbitration option, allowing shippers to elect to pass the credit allowable under this system; frees regional and short line take their case to a neutral arbiter. section to the purchaser of such fuel or, in railroads to provide access to addi- These provisions are necessary, not to

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4408 CONGRESSIONAL RECORD — SENATE April 27, 2005 punish railroads, but to develop a level ply and crops, and the basic ingredients to a freight rail system originally envi- playing field that keeps my small busi- of the plastics in many of the goods we sioned by the drafters of the Staggers nesses and agriculture producers in purchase. This is crucial to protecting Act. We hope to send to the President business. commerce in the United States. So far, a bill that will allow captive shippers Railroads are an essential part of our we have been thwarted, though we re- the most basic right in business nego- nation’s infrastructure, a vast system main undeterred in our efforts and con- tiations: They will be able to get the that includes our highways, railroads, fident of the validity of our objectives. railroads that ship their products sim- electric transmission lines, pipelines, In the 1970s, Congress observed a ply to quote a rate for the service. and digital infrastructure. In a rural bloated freight rail network, unprofit- My colleagues may be amazed to find state like Montana, we rely on the able railroads, and service was any- out that the STB’s current reading of rails to cover long distances effi- thing but efficient and dependable. the Staggers Act allows shippers no ciently, so rail must remain a viable When the Staggers Act was passed in such right. Our legislation will simply shipping option. We need to achieve af- 1980, Congress gave a green light to de- require railroads to tell their cus- fordability, while still allowing sus- regulation of the railroad industry. tomers the cost of moving a certain tainability for the railroads. There is a But, as with the deregulation of every quantity of product from their manu- necessary public interest in our shared other industry that Congress has al- facturing facility to their customer. infrastructure, and the Railroad Com- lowed, there were to be constraints on Point A to Point B. Nothing in busi- petition Act of 2005 is designed to ad- the ability of railroads to abuse ship- ness is more basic, but it is a basic of dress legitimate public concerns, in pers left captive to just one railroad. business negotiations captive shippers Montana and around the nation, about The Staggers Act left it to the Inter- do not currently enjoy. Additionally, rail operations. I look forward to work- state Commerce Commission (ICC) to our legislation also would do the fol- ing with my colleagues to secure pas- watch over a partially deregulated in- lowing: clarifies that the STB shall sage of this important legislation. dustry carrying out Staggers’ dual promote competition among rail car- Mr. ROCKEFELLER. Mr. President, goals: Improving the financial health riers, helping to maintain both reason- it is my pleasure today to join with my and viability of the railroads; and im- able freight rail rates and consistent colleagues Senator BURNS, Senator proving and maintaining service for and efficient rail service; creates a sys- DORGAN, Senator CRAIG, Senator DAY- shippers. The ICC was responsible for tem of ‘‘final offer’’ arbitration for TON, Senator VITTER, Senator JOHNSON, ensuring fair treatment and reasonable matters before the STB; authorizes the Senator THUNE, Senator COLEMAN, and rates for those shippers made captive STB to remove so-called ‘‘paper bar- Senator BAUCUS to introduce the Rail- by mergers or business decisions al- riers’’ that prevent short-line and re- road Competition Act of 2005. This leg- lowed under Staggers. gional railroads from providing im- islation encourages the competition The success of Staggers has been proved service to shippers; requires and consumer protection in the freight completely one-sided. Captive rail ship- STB to act in the public interest and railroad market that Congress in- pers in my state of West Virginia have removes required showing of railroads’ tended when it partially deregulated told me—since before I came to the anti-competitive conduct; caps filing the industry in 1980 with the passage of United States Senate—that service was fees for STB rate cases at the level of the Staggers Act. horrible and rates being charged were federal district courts (reducing filing Introduction of legislation in this too high. That is still true today. When fee from the current fee $65,000, which vein is a bit of a ritual for this Sen- I was first running for the Senate, the is to be doubled in 2005); calls for a De- ator. West Virginia industries depend country was served by about 40 ‘‘Class partment of Transportation (DOT) on efficient and dependable rail service I’’ railroads. After Staggers the rail- study of rail competition; allows elect- at fair prices to move their products to road industry ‘‘rationalized’’ its ed officials and state railroad regu- market. This is a perfectly reasonable routes—meaning it dropped unprofit- lators to petition the STB for declara- goal. However, for shippers without able lines and left more and more ship- tions of ‘‘areas of inadequate rail com- competitive rail access—referred to as pers captive to just one railroad. petition,’’ with appropriate remedies; captive shippers—it is a cruel and im- A virtually unimpeded string of rail creates position of Rail Customer Ad- possible dream. I have tried for years, mergers during the last 25 years has vocate at U.S. Department of Agri- with partners from both sides of the only compounded the problem. The culture (USDA); and expands infra- aisle and all parts of the country, to number of Class I railroads has dropped structure modernization loan guar- change the status quo, and improve the to seven. Four of these—CSX and Nor- antee program. In closing I would suggest that, rath- economic situation for rail shippers folk Southern in the East and Bur- er than the highly charged arguments and retail shoppers. This is the seventh lington Northern Santa Fe and the we have engaged in over the years, my time since 1985 I have sponsored legis- Union Pacific in the West—completely colleagues encourage the railroads to lation to address this issue, and the dominate the industry, accounting for take shippers’ concerns seriously, and fifth congress in a row in which I have about 90 percent of the freight rail traf- that we all work to create a freight rail worked closely with my good friends fic in the nation. marketplace made up of companies CONRAD BURNS and BYRON DORGAN to This is simple. Fewer market partici- hungry, in the best capitalist sense of help shippers and their customers. And pants mean less competition, and less that word, to do business. That is the I won’t give up until I actually suc- competition opens up the possibility of goal of the Railroad Competition Act, ceed. the abuse of local monopoly power. and I look forward to its consideration Predictably, the railroads will over- Under the misadministration of the by the full Senate. react to this bill with scathing accusa- Staggers Act, first by the ICC, and tions of what we are doing. In truth, we later by its successor agency the Sur- By Mr. CORNYN: intend nothing more radical than help- face Transportation Board (STB), S. 920. A bill to amend chapter 1 of ing shippers, consumers, and the rail- abuse of captive shippers has not only title 3, United States Code, relating to roads themselves, reap the benefits of gotten worse, but it has been unjustly Presidential succession; to the Com- the basic principles of capitalism—the bestowed a veneer of propriety by a se- mittee on Rules and Administration. ability of sophisticated actors to con- ries of unwise administrative decisions Mr. CORNYN. Mr. President, I ask duct arms-length negotiations for com- and at least one court case that gave unanimous consent that the bill I am petition, service, and fair prices. Cur- grudging deference to an agency, the introducing today—to amend chapter 1 rently, Class I railroads overcharge and STB, that has failed to carry out the of title 3, United States Code, relating underserve captive shippers with impu- clear directions of Congress. The STB, to Presidential succession—be printed nity, and with an antitrust exemption to which shippers have looked for a so- in the RECORD. I also ask unanimous preventing meaningful oversight by lution, has become a facilitator of the consent that the section by section Congress. Customers have no power. problem. analysis titled ‘‘Presidential Succes- This means higher prices for elec- The goals of the Railroad Competi- sion Act of 2005’’ and the letter sent to tricity, food, medicine, paper products; tion Act are really quite mundane. My the chairmen of the RNC and DNC be the chemicals to protect our water sup- colleagues and I hope only to give life printed in the RECORD.

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4409 There being no objection, the mate- individual designated for such office by the gress will enact the Presidential Succession rial was ordered to be printed in the nominees under paragraph (1); Act of 2005 quickly, and that the more con- RECORD, as follows: (3) in the event a nominee for Vice Presi- troversial but nevertheless critical constitu- dent is deceased or permanently incapaci- tional issues arising out of current law can S. 920 tated prior to the date referred to in para- be addressed as well through separate legis- Be it enacted by the Senate and House of Rep- graph (1) (but the nominee for President of lation. resentatives of the United States of America in the same political party is not deceased or SECTION 1. SHORT TITLE. Congress assembled, permanently incapacitated), the electors of SECTION 2. PRESIDENTIAL SUCCESSION ACT SECTION 1. SHORT TITLE. Vice President who are pledged to vote for REFORMS. This Act may be cited as the ‘‘Presidential such nominee should give their votes to the Amending the line of succession. This pro- Succession Act of 2005’’. individual designated for such office by the vision adds the Secretary of Homeland Secu- SEC. 2. PRESIDENTIAL SUCCESSION. nominees under paragraph (1); rity to the line of succession. Under current (a) IN GENERAL.—Section 19(d) of title 3, (4) in the event that both the nominee for law, the Secretary of Homeland Security United States Code, is amended— President and the nominee for Vice Presi- does not fall within the line of succession. (1) in paragraph (1), by inserting ‘‘, Sec- dent of the same political party are deceased During the 108th Congress, the Senate ap- retary of Homeland Security, Ambassador to or permanently incapacitated prior to the proved legislation to place the Secretary of the United Nations, Ambassador to Great date referred to in paragraph (1), the electors Homeland Security right behind the Attor- Britain, Ambassador to Russia, Ambassador of President and Vice President who are ney General in the line of succession, but to China, Ambassador to France’’ after ‘‘Sec- pledged to vote for such nominees should that proposal ran into opposition in the retary of Veterans Affairs’’; vote for the individuals designated for each House. This provision attempts to avoid that (2) in paragraph (2), by striking ‘‘but not’’ such office by the nominees under paragraph controversy by placing the Secretary of and all that follows through the period and (1); and Homeland Security at the end of the current inserting ‘‘or until the disability of the (5) political parties should establish rules line of succession. President or Vice President is removed.’’; and procedures consistent with the proce- In addition, this provision addresses the (3) in paragraph (3)— dures described in the preceding paragraphs, difficulty that arises from the fact that all (A) by striking ‘‘be held to constitute’’ and including procedures to obtain written current members of the line of succession inserting ‘‘not require’’; and pledges from electors to vote in the manner generally work and live in the greater Wash- (B) by adding at the end the following: described in such paragraphs. ington, D.C. area. Due to current law, a cata- ‘‘Such individual shall not receive compensa- SEC. 4. SENSE OF CONGRESS ON THE CON- strophic incident in the D.C. area could theo- tion from holding that office during the pe- TINUITY OF GOVERNMENT AND THE retically eliminate the entire line of succes- riod that the individual acts as President SMOOTH TRANSITION OF EXECU- sion and leave the nation without anyone le- TIVE POWER. under this section, and shall be compensated gally eligible to serve as President for an ex- It is the sense of Congress that during the for that period as provided under subsection tended period of time. Accordingly, this pro- period preceding the end of a term of office (c).’’; and visions adds at the end of line of succession in which a President will not be serving a (4) by adding at the end the following: senior federal officials who do not generally succeeding term— ‘‘(4) This subsection shall apply only to work and live in the D.C. area specifically, (1) that President should consider submit- such officers that are— the U.S. Ambassador to the United Nations ting the nominations of individuals to the ‘‘(A) eligible to the office of President and the U.S. Ambassadors to each of the four Senate who are selected by the President- under the Constitution; other permanent members of the U.N. Secu- elect for offices that fall within the line of ‘‘(B) appointed to an office listed under rity Council (Great Britain, Russia, China, succession; paragraph (1), by and with the advice and and France). (2) the Senate should consider conducting Reforming Cabinet succession. This provi- consent of the Senate, prior to the time the confirmation proceedings and votes on the sion eliminates the requirement that a cabi- powers and duties of the President devolve to nominations described under paragraph (1), net secretary must resign in order to succeed such officer under paragraph (1); and to the extent determined appropriate by the to the Presidency. By doing so, this provi- ‘‘(C) not under impeachment by the House Senate, between January 3 and January 20 sion helps ensure that a cabinet secretary of Representatives at the time the powers before the Inauguration; and will not hesitate to take the reins, by ensur- and duties of the office of President devolve (3) that President should consider agreeing ing that there will be a cabinet position to upon them.’’. to sign and deliver commissions for all ap- which the officer may return after any pe- (b) CONFORMING AMENDMENTS.—Section 19 proved nominations on January 20 before the riod of service as Acting President. This proof title 3, United States Code, is amended— Inauguration to ensure continuity of Gov- vision also helps cure a potential constitu- (1) in subsection (b), by striking ‘‘as Acting ernment. tional defect in current law; some constitu- President’’ and inserting ‘‘to act as Presi- tional scholars argue that only a current dent’’; and SECTION-BY-SECTION ANALYSIS ‘‘officer’’ may act as President under Article (2) in subsection (e)— The Presidential Succession Act of 2005— II. (A) in the first sentence, by striking ‘‘(a), introduced by U.S. Senator JOHN CORNYN (R– In addition, this provision addresses the (b), and (d)’’ and inserting ‘‘(a) and (b)’’; and TX) and U.S, Representative BRAD SHERMAN so-called ‘‘bumping off’’ problem in current (B) by striking the second sentence. (D–CA) on April 27, 2005—makes a number of law. The current Presidential succession SEC. 3. SENSE OF CONGRESS REGARDING VOTES significant improvements to the current statute puts the Executive Branch in a pre- BY ELECTORS AFTER DEATH OR IN- Presidential Succession Act, in order to en- carious position vis-a-vis Congress, because CAPACITY OF NOMINEES. sure the continuity of the Presidency in the it allows the House Speaker or Senate Presi- It is the sense of Congress that— event of a terrorist attack or other crisis. dent pro tempore to assert their right under (1) during a Presidential election year, the This legislation implements Article II, Sec- current law to take over the reins at any nominees of each political party for the of- tion 1, Clause 6 of the U.S. Constitution, time from a cabinet officer who holds office fice of President and Vice President should which provides that ‘‘the Congress may by as Acting President. This aspect of current jointly announce and designate on or before Law provide for the Case of Removal, Death, law raises serious constitutional separation the final day of the convention (or related Resignation or Inability, both of the Presi- of powers problems, because it effectively event) at which they are nominated the indi- dent and Vice President, declaring what Offi- places the Presidency at the mercy of Con- viduals for whom the electors of President cer shall then act as President, and such Of- gressional leaders. In addition, current law and Vice President who are pledged to vote ficer shall act accordingly, until the Dis- raises a potential constitutional problem be- for such nominees should give their votes for ability be removed, or a President shall be cause Article II, Section 1, Clause 6 of the such offices in the event that such nominees elected.’’ U.S. Constitution states that any officer who are deceased or permanently incapacitated This legislation is a more modest version shall act as President ‘‘shall act accordingly, prior to the date of the meeting of the elec- of two bills introduced by Senator CORNYN until the Disability be removed, or a Presi- tors of each State under section 7 of title 3, and Representative SHERMAN in the last Con- dent shall be elected.’’ This provision elimi- United States Code; gress to reform the Presidential Succession nates this ‘‘bumping off’’ problem in current (2) in the event a nominee for President is Act. Because many constitutional experts law by eliminating the ability of the House deceased or permanently incapacitated prior believe that members of Congress are con- Speaker or Senate President pro tempore to to the date referred to in paragraph (1) (but stitutionally ineligible to serve in the line of assert their right under current law to take the nominee for Vice President of the same succession, both S. 2073 and H.R. 2749 would over the reins from a cabinet officer holding political party is not deceased or perma- have addressed a potential constitutional office as Acting President. nently incapacitated), the electors of Presi- crisis by removing the House Speaker and Finally, this provision ensures that only dent who are pledged to vote for the nominee Senate President pro tempore from the line individuals who are actually confirmed to should give their votes to the nominee of the of succession. By contrast, the 2005 version the Cabinet-level office are eligible to serve same political party for the office of Vice of the bill does not attempt to address that in the line of succession. By doing so, this President, and the electors of Vice President particular controversy, but instead leaves provision prevents lower-level officers who who are pledged to vote for the nominee for the Speaker and President pro tempore in rise to the position of an acting Cabinet sec- Vice President should give their votes to the the line of succession. It is hoped that Con- retary from then acting as President.

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4410 CONGRESSIONAL RECORD — SENATE April 27, 2005 Section 3. Presidential succession during Should you have questions or need addi- for schools to hire literacy and math the Presidential selection process. This pro- tional information, please do not hesitate to coaches. Literacy and math coaches vision states the sense of Congress that steps contact us. bring professional development back must be taken to ensure smooth Presidential Sincerely, into schools and classrooms. Coaches succession in the event of a crisis during the JOHN CORNYN, Presidential selection process. The provision United States Senate. help teachers identify which students states that, prior to their political party’s BRAD SHERMAN, are having reading or math problems, nominating conventions, candidates for United States House of Representatives. how to respond to such problems, and President and Vice President should an- how to integrate literacy and math nounce individuals who should be chosen by By Mrs. MURRAY (for herself, skills across curricula. members of the Electoral College in the Mr. DURBIN, Mr. KENNEDY, and event that either the Presidential or Vice The PASS Act also targets dropouts Mrs. CLINTON): and low graduation rates through Presidential nominee is killed or perma- S. 921. A bill to provide for secondary grants for academic counselors and a nently incapacitated prior to the Electoral school reform, and for other purposes; College vote. The provision also advises the meaningful graduation rate calcula- to the Committee on Health, Edu- political parties to craft rules and proce- tion. Time after time I have talked to cation, Labor, and Pensions. dures consistent with these principles. students in their senior year who have Mrs. MURRAY. Mr. President, I am Section 4. Presidential succession during said, ‘‘I didn’t know I needed four years pleased today to introduce a bill with the Presidential transition. This provision is of math to graduate and get into col- Senators DURBIN, KENNEDY, and CLIN- modeled after S. Con. Res. 89 and H. Res. 775 lege.’’ Part of the problem is that our from the last Congress. It states the sense of TON that will help our Nation’s high counselors are completely over- Congress that, in the event of the election of school students graduate with the whelmed. The current national average a new President, the outgoing Administra- knowledge necessary to succeed in ratio of students to counselors is over tion and incoming Administration should post-secondary education and the skills work together to ensure a smooth transition. 450 to 1. My bill would provide grants needed to succeed in the workforce. Under current law, in the event of a terrorist to bring that ratio down to 150 to 1. Unfortunately too many high school attack on the inauguration or other crisis, a Academic counselors will also work students today are not completing high member of the prior Administration could with students and their families to cre- school at all or with the skills nec- theoretically rise to serve as Acting Presi- ate 6 year graduation and career plans dent, because new Cabinet officers may have essary to enter post-secondary edu- that will help students identify what not yet been nominated, confirmed, and ap- cation or the workforce. The statistics classes they need to graduate and pointed by that time. Accordingly, this pro- are staggering. Every day, 3,000 teen- achieve their post-secondary goals, vision calls for cooperation between out- agers drop out of high school. This year going and incoming Administrations to whether those goals are training or col- over 500,000 students will drop out of achieve smooth Presidential transitions. It lege, and identify support services such high school. Overall, less than 70 per- recommends that the outgoing President as GEAR UP and TRIO that are avail- cent of high school students will grad- nominate the individuals selected by the in- able to the student. coming President for offices that fall within uate and less than 50 percent of high the line of succession, it advises the Senate school students of color will graduate. The PASS Act also provides grants to act on those nominees to the extent it Of 100 9th graders, less than 70 per- to schools for data collection, and spe- deems appropriate prior to the inaugural cent will graduate on time, only 38 per- cifically on graduation rates. Currently event on January 20, and finally, it rec- cent will directly enter college, only 26 schools do not have a way to accu- ommends that the outgoing President ap- percent will still be enrolled in their rately calculate graduation rates. The point confirmed individuals to their posts on Department of Education only requires January 20 before the inaugural event. sophomore year, and only 18 percent will graduate from college. That num- schools to report the graduation rate based on 12th grade data and we all CONGRESS OF THE UNITED STATES, ber is even lower for minority students. Washington, DC, April 27, 2005. Forty percent of students entering 4- know that is not when students drop Chairman KEN MEHLMAN, year colleges and nearly 70 percent of out. The PASS Act provides schools Republican National Committee, students entering community colleges with funding to collect, disaggregate, Washington, DC. will take remedial classes in reading, and report accurate graduation rates Chairman HOWARD DEAN, writing or math, extending their years so that schools can correctly diagnose Democratic National Committee, in and the cost of college. and address problems facing specific Washington, DC. Only one-third of the U.S. workforce student populations. DEAR CHAIRMAN MEHLMAN AND CHAIRMAN DEAN: This morning, we introduce the Presi- has any post-secondary education but And lastly the PASS Act provides ad- dential Succession Act of 2005, to update the it is estimated that 60 percent of new ditional funding for schools labeled ‘‘in existing Presidential Succession Act of 1947. jobs in the 21st century will require a need of improvement’’ to implement The bill addresses some of the most pressing post-secondary education. Business proven, innovative reforms leading to problems in the current law to ensure that, will spend billions of dollars on remedi- gains in student achievement. I often should tragedy strike, the nation will have a ation for their employees in reading, talk to principals who tell me they clear and legitimate president. writing and math. know what they need to do to improve One of the primary areas of concern is the We can do better and we must do bet- period between the nominating conventions their schools; they just don’t have the and the casting of Electoral. votes. Should a ter for our Nation’s students, their funds to make the necessary changes. presidential or vice-presidential nominee be families, and American business. Cur- Such reforms include smaller learning unable to proceed as a nominee between rently, high school students are grad- communities, adolescent literacy pro- these two events, general election voters and uating at meager rates and even if they grams, whole school reforms, personal- electors would face great uncertainty about are graduating from high school, they ized learning environments, and pro- their votes. We are concerned about the po- are not leaving high school with the grams that target transitions between tential mischief and instability in our gov- skills and knowledge to enter the middle and secondary school. ernment that could arise in such event. workforce or be successful in college. We have attached language from the Presi- Congress must act now and act bold- That is why I have written and am in- dential Succession act of 2005 which calls on ly to correct the shortfalls in our na- political parties to address this issue with troducing the Pathways for All Stu- tion’s high schools. We can and must appropriate party rules changes and public dents to Succeed Act or the PASS Act. do better. I hope my colleagues will The PASS Act targets high school re- declarations. Specifically, these changes join me in supporting this bill and ad- would call upon the presidential and vice- form in three key areas: core aca- dressing the needs of our high school presidential nominees to jointly name suc- demics, improving graduation rates, students. cessors should tragedy occur. If only the and assistance to low-performing presidential nominee is unable to continue schools to improve student achieve- I ask unanimous consent that the in an election, the vice presidential nominee ment through innovative models. The text of the bill be printed in the would become the presidential nominee. RECORD. There is no reason for the political parties PASS Act will help improve student to await Congressional action. The vagaries achievement in core academics and re- There being no objection, the bill was of current party rules can be solved much duce the need for remediation in col- ordered to be printed in the RECORD, as sooner. We call on you to take action. lege and the workplace through grants follows:

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4411 S. 921 SEC. 102. PURPOSES. teachers to improve the teachers’ instruc- Be it enacted by the Senate and House of Rep- The purposes of this title are— tional techniques to support mathematics resentatives of the United States of America in (1) to provide assistance to State edu- improvement, who works on site at a Congress assembled, cational agencies and local educational school— SECTION 1. SHORT TITLE. agencies in establishing effective research- (A) to train teachers to better assess stu- This Act may be cited as the ‘‘Pathways based reading, writing, and mathematics dent learning in mathematics; for All Students to Succeed Act’’. programs for students in middle schools and (B) to train teachers to assess students’ TITLE I—READING AND MATHEMATICS secondary schools, including students with mathematics skills and identify students re- SKILLS FOR SUCCESS disabilities and students with limited quiring remediation; and English proficiency; (C) to provide or assess remedial mathe- SEC. 101. FINDINGS. Congress makes the following findings: (2) to provide adequate resources to schools matics instruction, including for— (1) While the Elementary and Secondary to hire and to provide in-service training for (i) students in after school and summer Education Act of 1965 (20 U.S.C. 6301 et seq.), not less than 1 literacy coach per 20 teachers school programs; as amended by the No Child Left Behind Act who can assist middle school and secondary (ii) students requiring additional instruc- of 2001 (Public Law 107–110, 115 Stat. 1425), school teachers to incorporate research- tion; provides a strong framework for helping chil- based reading and writing instruction into (iii) students with disabilities; and dren in the early grades, our Nation still the teachers’ teaching of mathematics, (iv) students with limited English pro- needs a comprehensive strategy to address science, history, civics, geography, lit- ficiency. the literacy problems and learning gaps of erature, language arts, and other core aca- (5) MIDDLE SCHOOL.—The term ‘‘middle students in middle school and secondary demic subjects; school’’ means a school that provides middle school. (3) to provide assistance to State edu- school education, as determined under State (2) Approximately 60 percent of students in cational agencies and local educational law. the poorest communities fail to graduate agencies— (6) SECONDARY SCHOOL.—The term ‘‘sec- from secondary school on time, in large part (A) in strengthening reading and writing ondary school’’ means a school that provides because of severe reading deficits that con- instruction in middle schools and secondary secondary education, as determined under tribute to academic failure. schools; and State law. (3) Forty percent of students attending (B) in procuring high-quality diagnostic (7) STATE.—The term ‘‘State’’ means each high minority enrollment secondary schools reading and writing assessments and com- of the 50 States, the District of Columbia, enroll in remedial reading coursework when prehensive research-based programs and in- the Commonwealth of Puerto Rico, the entering higher education, in an effort to structional materials that will improve read- United States Virgin Islands, Guam, Amer- gain the skills their secondary education ing and writing performance among students ican Samoa, and the Commonwealth of the failed to provide. in middle school and secondary school; and Northern Mariana Islands. (4) While 33 percent of all low-income stu- (4) to provide adequate resources to schools SEC. 104. AUTHORIZATION OF APPROPRIATIONS. dents are enrolled in secondary schools, only to hire and to provide in-service training for (a) LITERACY GRANTS.—For the purposes of 15 percent of the funding targeted to dis- not less than 1 mathematics coach per 20 carrying out subtitle A, there are authorized advantaged students goes to secondary teachers who can assist middle school and to be appropriated $1,000,000,000 for fiscal schools. secondary school teachers to utilize re- year 2006 and such sums as may be necessary (5) Data from the 1998 National Assessment search-based mathematics instruction to de- for each of the 5 succeeding fiscal years. of Educational Progress show that 32 percent velop students’ mathematical abilities and (b) MATHEMATICS GRANTS.—For the pur- of boys and 19 percent of girls in eighth knowledge, and assist teachers in assessing poses of carrying out subtitle B, there are grade cannot read at a basic level. These student learning. authorized to be appropriated $1,000,000,000 numbers do not change significantly in the SEC. 103. DEFINITIONS. for fiscal year 2006 and such sums as may be secondary school years and are even more In this title: necessary for each of the 5 succeeding fiscal dramatic when students are identified by mi- (1) IN GENERAL.—The terms ‘‘local edu- years. nority status. cational agency’’, ‘‘Secretary’’, and ‘‘State Subtitle A—Literacy Skills Programs (6) The 2002 National Assessment of Edu- educational agency’’ have the meaning given SEC. 111. LITERACY SKILLS PROGRAMS. cational Progress writing scores indicate the terms in section 9101 of the Elementary (a) GRANTS AUTHORIZED.— that while the percentage of fourth and and Secondary Education Act of 1965 (20 (1) IN GENERAL.—From funds appropriated eighth graders writing at or above a basic U.S.C. 7801). under section 104(a) for a fiscal year, the Sec- level increased between 1998 and 2002, the (2) ELIGIBLE LOCAL EDUCATIONAL AGENCY.— retary shall establish a program, in accord- percentage of 12th graders writing at or The term ‘‘eligible local educational agency’’ ance with the requirements of this subtitle, above a basic level decreased. These numbers means a local educational agency who is eli- that will provide grants to State educational show that our concentrated efforts for ele- gible to receive funds under part A of title I agencies, and grants or subgrants to eligible mentary school students have improved of the Elementary and Secondary Education local educational agencies, to establish read- their writing skills, but by neglecting the Act of 1965 (20 U.S.C. 6311 et seq.). ing and writing programs to improve the needs of secondary school students, we are (3) LITERACY COACH.—The term ‘‘literacy overall reading and writing performance of squandering these gains. coach’’ means a certified or licensed teacher students in middle school and secondary (7) The United States cannot maintain its with a demonstrated effectiveness in teach- school. position as the world’s strongest economy if ing reading and writing to students with spe- (2) LENGTH OF GRANT.—A grant to a State we continue to ignore the literacy needs of cialized reading and writing needs, and the educational agency under this subtitle shall adolescents in middle school and secondary ability to work with classroom teachers to be awarded for a period of 6 years. school. improve the teachers’ instructional tech- (b) RESERVATION OF FUNDS BY THE SEC- (8) The achievement gap between White niques to support reading and writing im- RETARY.—From amounts appropriated under and Asian students and Black and Hispanic provement, who works on site at a school— section 104(a) for a fiscal year, the Secretary students remains wide in the area of mathe- (A) to train teachers from across the cur- shall reserve— matics. riculum to incorporate the teaching of read- (1) 3 percent of such amounts to fund na- (9) The 2003 National Assessment of Edu- ing and writing skills into their instruction tional activities in support of the programs cation Progress shows that the achievement of content; assisted under this subtitle, such as research gap between the mathematics scores of (B) to train teachers to assess students’ and dissemination of best practices, except eighth grade Black and Hispanic students reading and writing skills and identify stu- that the Secretary may not use the reserved and White students is the same in 2003 as in dents requiring remediation; and funds to award grants directly to local edu- 1990. (C) to provide or assess remedial literacy cational agencies; and (10) The 2003 National Assessment of Edu- instruction, including for— (2) 2 percent of such amounts for the Bu- cation Progress shows that eighth grade stu- (i) students in after school and summer reau of Indian Affairs to carry out the serv- dents eligible for a free or reduced-price school programs; ices and activities described in section 112(c) school lunch did not meet the basic mathe- (ii) students requiring additional instruc- for Indian children. matics score, unlike non-eligible students. tion; (c) GRANT FORMULAS.— (11) According to the latest results from (iii) students with disabilities; and (1) FORMULA GRANTS TO STATE EDUCATIONAL international assessments, 15-year-olds from (iv) students with limited English pro- AGENCIES.—If the amounts appropriated the United States performed below the inter- ficiency. under section 104(a) for a fiscal year are national average in mathematics literacy (4) MATHEMATICS COACH.—The term ‘‘math- equal to or greater than $500,000,000, then the and problem-solving, placing 27th out of 39 ematics coach’’ means a certified or licensed Secretary shall award grants, from allot- countries. teacher, with a demonstrated effectiveness ments under paragraph (3), to State edu- (12) Only 13 of the United States workforce in teaching mathematics to students with cational agencies to enable the State edu- has any post-secondary education, yet 60 per- specialized needs in mathematics, a com- cational agencies to provide subgrants to eli- cent of new jobs in the 21st century will re- mand of mathematical content knowledge, gible local educational agencies to establish quire post-secondary education. and the ability to work with classroom reading and writing programs to improve

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4412 CONGRESSIONAL RECORD — SENATE April 27, 2005 overall reading and writing performance eracy coaches, teachers, paraprofessionals, local educational agencies as described in among students in middle school and sec- and administrators. section 112(c); and ondary school. (ii) How the State educational agency will (D) for administrative costs, (2) DIRECT GRANTS TO ELIGIBLE LOCAL EDU- help eligible local educational agencies iden- of which not more than 10 percent of the CATIONAL AGENCIES.— tify high-quality screening, diagnostic, and grant funds may be used for planning, ad- (A) IN GENERAL.—If the amounts appro- classroom-based instructional reading and ministration, and reporting. priated under section 104(a) for a fiscal year writing assessments. (f) NOTICE TO ELIGIBLE LOCAL EDUCATIONAL are less than $500,000,000, then the Secretary (iii) How the State educational agency will AGENCIES.—Each State educational agency shall award grants, on a competitive basis, help eligible local educational agencies iden- receiving a grant under this subtitle shall directly to eligible local educational agen- tify high-quality research-based materials provide notice to all eligible local edu- cies to establish reading and writing pro- and programs. cational agencies in the State about the grams to improve overall reading and writ- (iv) How the State educational agency will availability of subgrants under this subtitle. ing performance among students in middle help eligible local educational agencies iden- (g) SUPPLEMENT NOT SUPPLANT.—Each school and secondary school. tify appropriate and effective materials, pro- State educational agency receiving a grant (B) PRIORITY.—The Secretary shall give grams, and assessments for students with under this subtitle shall use the grant funds priority in awarding grants under this para- disabilities and students with limited to supplement not supplant State funding for graph to eligible local educational agencies English proficiency. activities authorized under this subtitle or that— (v) How the State educational agency will for other educational activities. (i) are among the local educational agen- ensure that professional development funded (h) NEW SERVICES AND ACTIVITIES.—Grant cies in the State with the lowest graduation under this subtitle— funds provided under this subtitle may be rates, as described in section 1111(b)(2)(C)(vi) (I) is based on reading and writing re- used only to provide services and activities of the Elementary and Secondary Education search; authorized under this subtitle that were not Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)); and (II) will effectively improve instructional provided on the day before the date of enact- (ii) have the highest number or percentage practices for reading and writing for middle ment of this Act. of students who are counted under section school and secondary school students; and SEC. 112. SUBGRANTS TO ELIGIBLE LOCAL EDU- 1124(c) of the Elementary and Secondary (III) is coordinated with professional devel- CATIONAL AGENCIES. Education Act of 1965 (20 U.S.C. 6333(c)). opment activities funded through other pro- (a) APPLICATION.— (3) ALLOTMENTS TO STATES.— grams (including federally funded programs (1) IN GENERAL.—Each eligible local edu- (A) IN GENERAL.—From funds appropriated such as programs funded under the Adult cational agency desiring a subgrant under under section 104(a) and not reserved under Education and Family Literacy Act (20 this subtitle shall submit an application to subsection (b) for a fiscal year, the Secretary U.S.C. 9201 et seq.), the Individuals with Dis- the State educational agency in the form shall make an allotment to each State edu- abilities Education Act (20 U.S.C. 1400 et and according to the schedule established by cational agency having an application ap- seq.), and the Elementary and Secondary the State educational agency. proved under subsection (d) in an amount Education Act of 1965 (20 U.S.C. 6301 et seq.)). (2) CONTENTS.—In addition to any informa- that bears the same relation to the funds as (vi) How funded activities will help teach- tion required by the State educational agen- the amount the State received under part A ers and other instructional staff to imple- cy, each application under paragraph (1) of title I of the Elementary and Secondary ment research-based components of reading shall demonstrate how the eligible local edu- Education Act of 1965 (20 U.S.C. 6311 et seq.) and writing instruction. cational agency will carry out the following bears to the amount received under such (vii) The subgrant process the State edu- required activities: part by all States. cational agency will use to ensure that eligi- (A) Development or selection and imple- (B) MINIMUM ALLOTMENT.—Notwith- ble local educational agencies receiving sub- mentation of research-based reading and standing subparagraph (A), no State edu- grants implement programs and practices writing assessments. cational agency shall receive an allotment based on reading and writing research. (B) Development or selection and imple- under this paragraph for a fiscal year in an (viii) How the State educational agency mentation of research-based reading and amount that is less than 0.25 percent of the will build on and promote coordination writing programs, including programs for funds allotted to all State educational agen- among reading and writing programs in the students with disabilities and students with cies under subparagraph (A) for the fiscal State to increase overall effectiveness in im- limited English proficiency. year. proving reading and writing instruction, in- (C) Selection of instructional materials (4) REALLOTMENT.—If a State educational cluding for students with disabilities and based on reading and writing research. agency does not apply for a grant under this students with limited English proficiency. (D) High-quality professional development subtitle, the Secretary shall reallot the (ix) How the State educational agency will for literacy coaches and teachers based on State educational agency’s allotment to the regularly assess and evaluate the effective- reading and writing research. remaining States. ness of the eligible local educational agency (E) Evaluation strategies. (d) APPLICATIONS.— activities funded under this subtitle. (F) Reporting. (1) IN GENERAL.—In order to receive a grant (2) REVIEW OF APPLICATIONS.—The Sec- (G) Providing access to research-based under this subtitle, a State educational retary shall review applications from State reading and writing materials. agency shall submit an application to the educational agencies under this subsection (3) CONSORTIA.—An eligible local edu- Secretary at such time, in such manner, and as the applications are received. cational agency may apply to the State edu- accompanied by such information as the Sec- (e) STATE USE OF FUNDS.—Each State educational agency for a subgrant as a member retary may require. Each such application cational agency receiving a grant under this of a consortium, if each member of the con- shall meet the following conditions: subtitle shall— sortium is an eligible local educational agen- (A) A State educational agency shall not (1) establish a reading and writing partner- cy. include the application for assistance under ship, which may be the same as the partner- (b) AWARD BASIS.— this subtitle in a consolidated application ship established under section 1203(d) of the (1) MINIMUM SUBGRANT AMOUNT.—Each eli- submitted under section 9302 of the Elemen- Elementary and Secondary Education Act of gible local educational agency receiving a tary and Secondary Education Act of 1965 (20 1965 (20 U.S.C. 6363(d)), that will provide subgrant under this subtitle for a fiscal year U.S.C. 7842). guidance to eligible local educational agen- shall receive a minimum subgrant amount (B) The State educational agency’s appli- cies in selecting or developing and imple- that bears the same relation to the amount cation shall include an assurance that— menting appropriate, research-based reading of funds made available to the State edu- (i) the State educational agency has estab- and writing programs for middle school and cational agency under section 111(e)(2) as the lished a reading and writing partnership secondary school students; amount the eligible local educational agency that— (2) use 80 percent of the grant funds re- received under part A of title I of the Ele- (I) coordinated the development of the ap- ceived under this subtitle for a fiscal year to mentary and Secondary Education Act of plication for a grant under this subtitle; and award subgrants to eligible local educational 1965 (20 U.S.C. 6311 et seq.) for the preceding (II) will assist in designing and admin- agencies having applications approved under fiscal year bears to the amount received by istering the State educational agency’s pro- section 112(a); and all eligible local educational agencies under gram under this subtitle; and (3) use 20 percent of the grant funds re- such part for the preceding fiscal year. (ii) the State educational agency will par- ceived under this subtitle— (2) SUFFICIENT SIZE AND SCOPE.—Subgrants ticipate, if requested, in any evaluation of (A) to carry out State-level activities de- under this section shall be of sufficient size the State educational agency’s program scribed in the application submitted under and scope to enable eligible local educational under this subtitle. subsection (d); agencies to fully implement activities as- (C) The State educational agency’s appli- (B) to provide— sisted under this subtitle. cation shall include a program plan that con- (i) technical assistance to eligible local (c) LOCAL USE OF FUNDS.—Each eligible tains a description of the following: educational agencies; and local educational agency receiving a (i) How the State educational agency will (ii) high-quality professional development subgrant under this subtitle shall use the assist eligible local educational agencies in to teachers and literacy coaches; subgrant funds to carry out, at the middle implementing subgrants, including providing (C) to oversee and evaluate subgrant serv- school and secondary school level, the fol- ongoing professional development for lit- ices and activities undertaken by the eligible lowing services and activities:

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(1) Hiring literacy coaches, at a ratio of that will provide grants to State educational (1) IN GENERAL.—In order to receive a grant not less than 1 literacy coach for every 20 agencies, and grants and subgrants to eligi- under this subtitle, a State educational teachers, and providing professional develop- ble local educational agencies, to establish agency shall submit an application to the ment for literacy coaches— mathematics programs to improve the over- Secretary at such time, in such manner, and (A) to work with classroom teachers to in- all mathematics performance of students in accompanied by such information as the Sec- corporate reading and writing instruction middle school and secondary school. retary may require. Each such application within all subject areas, during regular (2) LENGTH OF GRANT.—A grant to a State shall meet the following conditions: classroom periods, after school, and during educational agency under this subtitle shall (A) A State educational agency shall not summer school programs, for all students; be awarded for a period of 6 years. include the application for assistance under (B) to work with classroom teachers to (b) RESERVATION OF FUNDS BY THE SEC- this subtitle in a consolidated application identify students with reading and writing RETARY.—From amounts appropriated under submitted under section 9302 of the Elemen- problems and, where appropriate, refer stu- section 104(b) for a fiscal year, the Secretary tary and Secondary Education Act of 1965 (20 dents to available programs for remediation shall reserve— U.S.C. 7842). and additional services; (1) 3 percent of such amounts to fund na- (B) The State educational agency’s appli- (C) to work with classroom teachers to ditional activities in support of the programs cation shall include an assurance that— agnose and remediate reading and writing assisted under this subtitle, such as research (i) the State educational agency has estab- difficulties of the lowest-performing stu- and dissemination of best practices, except lished a mathematics partnership that— dents, by providing intensive, research-based that the Secretary may not use the reserved (I) coordinated the development of the ap- instruction, including during after school funds to award grants directly to local edu- plication for a grant under this subtitle; and and summer sessions, geared toward ensur- cational agencies; and (II) will assist in designing and admin- ing that the students can access and be suc- (2) 2 percent of such amounts for the Bu- istering the State educational agency’s pro- cessful in rigorous academic coursework; and reau of Indian Affairs to carry out the serv- gram under this subtitle; and (D) to assess and organize student data on ices and activities described in section 122(c) (ii) the State educational agency will par- literacy and communicate that data to for Indian children. ticipate, if requested, in any evaluation of (c) GRANT FORMULAS.— school administrators to inform school re- the State educational agency’s program (1) FORMULA GRANTS TO STATE EDUCATIONAL form efforts. under this subtitle. AGENCIES.—If the amounts appropriated (2) Reviewing, analyzing, developing, and, (C) The State educational agency’s appli- under section 104(b) for a fiscal year are where possible, adapting curricula to make equal to or greater than $500,000,000, then the cation shall include a program plan that con- sure literacy skills are taught within the Secretary shall award grants, from allot- tains a description of the following: content area subjects. ments under paragraph (3), to State edu- (i) How the State educational agency will (3) Providing reading and writing profes- cational agencies to enable the State edu- assist eligible local educational agencies in sional development for all teachers in middle cational agencies to provide subgrants to eli- implementing subgrants, including providing school and secondary school that addresses gible local educational agencies to establish ongoing professional development for mathe- both remedial and higher level literacy skills mathematics programs to improve overall matics coaches, teachers, paraprofessionals, for students in the applicable curriculum. mathematics performance among students in and administrators. (4) Providing professional development for middle school and secondary school. (ii) How the State educational agency will teachers, administrators, and paraprofes- (2) DIRECT GRANTS TO ELIGIBLE LOCAL EDU- help eligible local educational agencies iden- sionals serving middle schools and secondary CATIONAL AGENCIES.— tify high-quality screening, diagnostic, and schools to help the teachers, administrators, (A) IN GENERAL.—If the amounts appro- classroom-based instructional mathematics and paraprofessionals meet literacy needs. priated under section 104(b) for a fiscal year assessments. (5) Procuring and implementing programs are less than $500,000,000, then the Secretary (iii) How the State educational agency will and instructional materials based on reading shall award grants, on a competitive basis, help eligible local educational agencies iden- and writing research, including software and directly to eligible local educational agen- tify high-quality research-based mathe- other education technology related to read- cies to establish mathematics programs to matics materials and programs. ing and writing instruction. improve overall mathematics performance (iv) How the State educational agency will (6) Building on and promoting coordination among students in middle school and sec- help eligible local educational agencies iden- among reading and writing programs in the ondary school. tify appropriate and effective materials, pro- eligible local educational agency to increase (B) PRIORITY.—The Secretary shall give grams, and assessments for students with overall effectiveness in improving reading priority in awarding grants under this para- disabilities and students with limited and writing instruction, including for stu- graph to eligible local educational agencies English proficiency. dents with disabilities and students with that— (v) How the State educational agency will limited English proficiency. (i) are among the local educational agen- ensure that professional development funded (7) Evaluating the effectiveness of the in- cies in the State with the lowest graduation under this subtitle— structional strategies, teacher professional rates, as described in section 1111(b)(2)(C)(vi) (I) is based on mathematics research; development programs, and other interven- of the Elementary and Secondary Education (II) will effectively improve instructional tions that are implemented under the Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)); and practices for mathematics for middle school subgrant. (ii) have the highest number or percentage and secondary school students; and (d) SUPPLEMENT NOT SUPPLANT.—Each eli- of students who are counted under section (III) is coordinated with professional devel- gible local educational agency receiving a 1124(c) of the Elementary and Secondary opment activities funded through other pro- subgrant under this subtitle shall use the Education Act of 1965 (20 U.S.C. 6333(c)). grams. subgrant funds to supplement not supplant (3) ALLOTMENTS TO STATES.— (vi) How funded activities will help teach- the eligible local educational agency funding (A) IN GENERAL.—From funds appropriated ers and other instructional staff to imple- for activities authorized under this subtitle under section 104(b) and not reserved under ment research-based components of mathe- or for other educational activities. subsection (b) for a fiscal year, the Secretary matics instruction. (e) NEW SERVICES AND ACTIVITIES.— shall make an allotment to each State edu- (vii) The subgrant process the State edu- Subgrant funds provided under this subtitle cational agency having an application ap- cational agency will use to ensure that eligi- may be used only to provide services and ac- proved under subsection (d) in an amount ble local educational agencies receiving sub- tivities authorized under this subtitle that that bears the same relation to the funds as grants implement programs and practices were not provided on the day before the date the amount the State received under part A based on mathematics research. of enactment of this Act. of title I of the Elementary and Secondary (viii) How the State educational agency (f) EVALUATIONS.—Each eligible local edu- Education Act of 1965 (20 U.S.C. 6311 et seq.) will build on and promote coordination cational agency receiving a grant under this bears to the amount received under such among mathematics programs in the State subtitle shall participate, as requested by part by all States. to increase overall effectiveness in improv- the State educational agency or the Sec- (B) MINIMUM ALLOTMENT.—Notwith- ing mathematics instruction, including for retary, in reviews and evaluations of the pro- standing subparagraph (A), no State edu- students with disabilities and students with grams of the eligible local educational agen- cational agency shall receive an allotment limited English proficiency. cy and the effectiveness of such programs, under this paragraph for a fiscal year in an (ix) How the State educational agency will and shall provide such reports as are re- amount that is less than 0.25 percent of the regularly assess and evaluate the effective- quested by the State educational agency and funds allotted to all State educational agen- ness of the eligible local educational agency the Secretary. cies under subparagraph (A) for the fiscal activities funded under this subtitle. Subtitle B—Mathematics Skills Programs year. (2) REVIEW OF APPLICATIONS.—The Sec- SEC. 121. MATHEMATICS SKILLS PROGRAMS. (4) REALLOTMENT.—If a State educational retary shall review applications from State (a) GRANTS AUTHORIZED.— agency does not apply for a grant under this educational agencies under this subsection (1) IN GENERAL.—From funds appropriated subtitle, the Secretary shall reallot the as the applications are received. under section 104(b) for a fiscal year, the Sec- State educational agency’s allotment to the (e) STATE USE OF FUNDS.—Each State edu- retary shall establish a program, in accord- remaining States. cational agency receiving a grant under this ance with the requirements of this subtitle, (d) APPLICATIONS.— subtitle shall—

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(1) establish a mathematics partnership (1) MINIMUM SUBGRANT AMOUNT.—Each eli- (e) NEW SERVICES AND ACTIVITIES.— that will provide guidance to eligible local gible local educational agency receiving a Subgrant funds provided under this subtitle educational agencies in selecting or devel- subgrant under this subtitle for a fiscal year may be used only to provide services and ac- oping and implementing appropriate, re- shall receive a minimum subgrant amount tivities authorized under this subtitle that search-based mathematics programs for mid- that bears the same relation to the amount were not provided on the day before the date dle school and secondary school students; of funds made available to the State edu- of enactment of this Act. (2) use 80 percent of the grant funds re- cational agency under section 121(e)(2) as the (f) EVALUATIONS.—Each eligible local edu- ceived under this subtitle for a fiscal year to amount the eligible local educational agency cational agency receiving a grant under this approve high-quality applications for sub- received under part A of title I of the Ele- subtitle shall participate, as requested by grants to eligible local educational agencies mentary and Secondary Education Act of the State educational agency or the Sec- having applications approved under section 1965 (20 U.S.C. 6311 et seq.) for the preceding retary, in reviews and evaluations of the pro- 122(a); and fiscal year bears to the amount received by grams of the eligible local educational agen- (3) use 20 percent of the grant funds re- all eligible local educational agencies under cy and the effectiveness of such programs, ceived under this subtitle— such part for the preceding fiscal year. and shall provide such reports as are re- (A) to carry out State-level activities de- (2) SUFFICIENT SIZE AND SCOPE.—Subgrants quested by the State educational agency and the Secretary. scribed in the application submitted under under this section shall be of sufficient size subsection (d); and scope to enable eligible local educational TITLE II—PATHWAYS TO SUCCESS (B) to provide— agencies to fully implement activities as- SEC. 201. FINDINGS. (i) technical assistance to eligible local sisted under this subtitle. Congress makes the following findings: educational agencies; and (c) LOCAL USE OF FUNDS.—Each eligible (1) In 2003, approximately 60 percent of stu- (ii) high-quality professional development local educational agency receiving a dents in the poorest communities failed to to teachers and mathematics coaches; subgrant under this subtitle shall use the graduate from secondary school on time. (C) to oversee and evaluate subgrant serv- subgrant funds to carry out, at the middle (2) All ninth grade students should have a ices and activities undertaken by the eligible school and secondary school level, the fol- plan that assesses the student’s instruc- lowing services and activities: local educational agencies as described in tional needs and outlines the coursework the (1) Hiring mathematics coaches, at a ratio section 122(c); and student must complete to graduate on time, of not less than 1 mathematics coach for (D) for administrative costs, properly prepared for college and career. every 20 teachers, and providing professional of which not more than 10 percent of the (3) Research shows that 1 of the most im- development for mathematics coaches— grant funds may be used for planning, ad- portant factors behind student success in (A) to work with classroom teachers to ministration, and reporting. secondary school is a close connection with better assess student learning in mathe- (f) NOTICE TO ELIGIBLE LOCAL EDUCATIONAL at least 1 adult who demonstrates concern matics; AGENCIES.—Each State educational agency for the student’s advancement. (B) to work with classroom teachers to receiving a grant under this subtitle shall (4) Secondary school counselors can help identify students with mathematics prob- provide notice to all eligible local edu- students receive the instructional, tutorial, lems and, where appropriate, refer students cational agencies in the State about the and social supports that contribute to aca- to available programs for remediation and availability of subgrants under this subtitle. demic success. additional services; (5) Model programs around the Nation have (g) SUPPLEMENT NOT SUPPLANT.—Each (C) to work with classroom teachers to di- State educational agency receiving a grant demonstrated that effective academic and agnose and remediate mathematics difficul- under this subtitle shall use the grant funds support plans for students, developed by ties of the lowest-performing students, by to supplement not supplant State funding for counselors serving as academic coaches, in providing intensive, research-based instruc- cooperation with students and parents, re- activities authorized under this subtitle or tion, including during after school and sum- sult in a higher percentage of students grad- for other educational activities. mer sessions, geared toward ensuring that uating from secondary school well prepared (h) NEW SERVICES AND ACTIVITIES.—Grant those students can access and be successful for college study. funds provided under this subtitle may be in rigorous academic coursework; and used only to provide services and activities SEC. 202. DEFINITIONS. (D) to assess and organize student data on In this title: authorized under this subtitle that were not mathematics and communicate that data to (1) IN GENERAL.—The terms ‘‘local edu- provided on the day before the date of enact- school administrators to inform school re- cational agency’’, ‘‘poverty line’’, ‘‘sec- ment of this Act. form efforts. ondary school’’, ‘‘Secretary’’, and ‘‘State SEC. 122. SUBGRANTS TO ELIGIBLE LOCAL EDU- (2) Reviewing, analyzing, developing, and, educational agency’’ have the meaning given CATIONAL AGENCIES. where possible, adapting curricula to make the terms in section 9101 of the Elementary (a) APPLICATION.— sure mathematics skills are taught within and Secondary Education Act of 1965 (20 (1) IN GENERAL.—Each eligible local edu- the content area subjects. U.S.C. 7801). cational agency desiring a subgrant under (3) Providing mathematics professional de- (2) ACADEMIC COUNSELOR.—The term ‘‘aca- this subtitle shall submit an application to velopment for all teachers in middle school demic counselor’’ means a highly qualified the State educational agency in the form and secondary school that addresses both re- professional who has received professional and according to the schedule established by medial and higher level mathematics skills development appropriate to perform the the State educational agency. for students in the applicable curriculum. services described in section 205(c). (2) CONTENTS.—In addition to any informa- (4) Providing professional development for (3) ELIGIBLE LOCAL EDUCATIONAL AGENCY.— tion required by the State educational agen- teachers, administrators, and paraprofes- The term ‘‘eligible local educational agency’’ cy, each application under paragraph (1) sionals serving middle schools and secondary means a local educational agency who has shall demonstrate how the eligible local edu- schools to help the teachers, administrators, jurisdiction over not less than 1 secondary cational agency will carry out the following and paraprofessionals meet mathematics school receiving assistance under part A of required activities: needs. title I of the Elementary and Secondary Edu- (A) Development or selection and imple- (5) Procuring and implementing programs cation Act of 1965 (20 U.S.C. 6311 et seq.). mentation of research-based mathematics and instructional materials based on mathe- (4) STATE.—The term ‘‘State’’ means each assessments. matics research, including software and of the 50 States, the District of Columbia, (B) Development or selection and imple- other education technology related to math- the Commonwealth of Puerto Rico, the mentation of research-based mathematics ematics instruction. United States Virgin Islands, Guam, Amer- programs, including programs for students (6) Building on and promoting coordination ican Samoa, and the Commonwealth of the with disabilities and students with limited among mathematics programs in the eligible Northern Mariana Islands. English proficiency. local educational agency to increase overall SEC. 203. PROGRAM AUTHORIZED. (C) Selection of instructional materials effectiveness in improving mathematics in- The Secretary is authorized to establish a based on mathematics research. struction, including for students with dis- program, in accordance with the require- (D) High-quality professional development abilities and students with limited English ments of this title, that— for mathematics coaches and teachers based proficiency. (1) enables a secondary school that receives on mathematics research. (7) Evaluating the effectiveness of the in- assistance under title I of the Elementary (E) Evaluation strategies. structional strategies, teacher professional and Secondary Education Act of 1965 (20 (F) Reporting. development programs, and other interven- U.S.C. 6301 et seq.), to hire a sufficient num- (G) Providing access to research-based tions that are implemented under the ber of academic counselors, in a ratio of not mathematics materials. subgrant. less than 1 counselor to 150 students, to de- (3) CONSORTIA.—An eligible local edu- (d) SUPPLEMENT NOT SUPPLANT.—Each eli- velop personal plans for each student at the cational agency may apply to the State edu- gible local educational agency receiving a school, including students with limited cational agency for a subgrant as a member subgrant under this subtitle shall use the English proficiency; of a consortium if each member of the con- subgrant funds to supplement not supplant (2) involves parents in the development and sortium is an eligible local educational agen- the eligible local educational agency funding implementation of the personal plans; and cy. for activities authorized under this subtitle (3) provides academic counselors and staff (b) AWARD BASIS.— or for other educational activities. at the schools receiving grants under this

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title the opportunity to coordinate with (i) RESERVATIONS.—Of the funds appro- such students’ career and education goals, other programs and services, including those priated under section 206 for each fiscal year, assure enrollment in the coursework nec- supported by Federal funds, to ensure that the Secretary shall reserve— essary for on-time graduation and prepara- students have access to the resources and (1) 2 percent for the Bureau of Indian Af- tion for career development or postsecondary services necessary to fulfill the students’ fairs to carry out the authorized activities education, and identify the courses and sup- personal plans. described in section 205(c); and plemental services necessary to meet those SEC. 204. GRANTS TO STATES. (2) 3 percent for national activities that goals; (a) GRANTS AUTHORIZED.—From amounts support the programs assisted under this (B) advocate for students, helping the stu- made available under section 206 and not re- title, except that the Secretary shall not use dents to access the services and supports served under subsection (i), the Secretary such reserved funds to award grants directly necessary to achieve the goals laid out in the shall award grants, from allotments under to local educational agencies. personal plan for the student; subsection (b), to State educational agencies SEC. 205. SUBGRANTS TO ELIGIBLE LOCAL EDU- (C) assure student access to services, both to enable the State educational agencies to CATIONAL AGENCIES. academic and nonacademic, needed to lower (a) SUBGRANTS AUTHORIZED.—From provide subgrants to eligible local edu- barriers to succeed as needed; amounts made available under section cational agencies to implement programs in (D) assess student progress on a regular 204(e)(1), a State educational agency shall secondary schools in accordance with this basis; award subgrants to eligible local educational (E) work with school and eligible local edu- title. agencies having applications approved under (b) ALLOTMENTS TO STATES.— cational agency administrators to promote subsection (b) to enable the eligible local reforms based on student needs and perform- (1) IN GENERAL.—From funds appropriated educational agencies to carry out the au- under section 206 and not reserved under sub- ance data; thorized activities described in subsection (F) involve parents or caregivers, including section (i) for a fiscal year, the Secretary (c). those parents or caregivers who are limited shall make an allotment to each State edu- (b) APPLICATIONS.— English proficient, and teachers, in the de- cational agency having an application ap- (1) IN GENERAL.—Each eligible local edu- velopment of students’ personal plans to en- proved under subsection (d) in an amount cational agency desiring a subgrant under sure the support and assistance of the par- that bears the same relation to the funds as this title shall submit an application to the ents, caregivers, and teachers in meeting the the amount the State received under part A State educational agency in the form and ac- goals outlined in such personal plans; and of title I of the Elementary and Secondary cording to the schedule established by the (G) communicate to students and their Education Act of 1965 (20 U.S.C. 6311 et seq.) State educational agency. Each such appli- families the importance of implementing the bears to the amount received under such cation shall describe how the eligible local 2 years of the personal plan following sec- part by all States. educational agency will— ondary school graduation, and work with in- (2) MINIMUM ALLOTMENT.—Notwithstanding (A) hire a sufficient number of highly stitutions of higher education to help stu- paragraph (1), no State educational agency qualified academic counselors to develop per- dents transition successfully and fully im- shall receive an allotment under this sub- sonal plans for all students in such students’ plement the students’ personal plans. section for a fiscal year in an amount that is first year of secondary school, with a ratio of (2) Determining the academic needs of all less than 0.25 percent of the amount allotted 1 academic counselor to not more than 150 students entering grade 9 and identifying to the State educational agencies under sub- students in each secondary school served barriers to success. section (e)(1) for the fiscal year. under the subgrant; (3) Ensuring availability of the services (3) RATABLE REDUCTIONS.—If the amount (B) provide adequate resources to each necessary for the implementation of stu- appropriated to carry out this title for any such school to offer the supplemental and dents’ personal plans, including access to a fiscal year is less than $2,000,000,000, then the other support services that the implementa- college preparatory curriculum and ad- Secretary shall ratably reduce the allotment tion of students’ personal plans require, and vanced placement or international bacca- made to each State educational agency provide such supplemental services, where laureate courses. under this subsection in proportion to the possible, through coordination with Federal (4) Where appropriate, modifying the cur- relative number of children who are counted TRIO programs under chapter 1 of subpart 2 riculum at a secondary school receiving under section 1124(c) of the Elementary and of part A of title IV of the Higher Education subgrant funds under this title to address the Secondary Education Act of 1965 (20 U.S.C. Act of 1965 (20 U.S.C. 1070a–11 et seq.), Gear instructional requirements of students’ per- 6333(c)), in the State compared to such num- Up programs under chapter 2 of such subpart sonal plans. ber for all States. (20 U.S.C. 1070a–21 et seq.), programs under (5) Providing for the ongoing assessment of (c) LENGTH OF GRANTS.—A grant to a State title I of the Elementary and Secondary Edu- students for whom personal plans have been educational agency under this title shall be cation Act of 1965 (20 U.S.C. 6301 et seq.), 21st developed and modifying such personal plans awarded for a period of 6 years. Century Community Learning Centers under as necessary. (d) APPLICATIONS.—In order to receive a part B of title IV of the Elementary and Sec- (6) Coordinating the services offered with grant under this title, a State educational ondary Education Act of 1965 (20 U.S.C. 7171 subgrant funds received under this title with agency shall submit an application to the et seq.), programs under the Individuals with other Federal, State, and local funds, includ- Secretary in the form and according to the Disabilities Education Act (20 U.S.C. 1400 et ing programs authorized under title I of the schedule established by the Secretary by reg- seq.) (in accordance with students’ individ- Elementary and Secondary Education Act of ulation. ualized education programs), and programs 1965 (20 U.S.C. 6301 et seq.), sections 402A and (e) STATE USE OF FUNDS.—Each State edu- under the Carl D. Perkins Vocational and 404A of the Higher Education Act of 1965 (20 cational agency receiving a grant under this Technical Education Act of 1998 (20 U.S.C. U.S.C. 1070a–11 and 1070a–21), the Individuals title shall use— 2301 et seq.); with Disabilities Education Act (20 U.S.C. (1) 80 percent of the grant funds to award (C) include parents in the development and 1400 et seq.) (in accordance with students’ in- subgrants to eligible local educational agen- implementation of students’ personal plans; dividualized education programs), and the cies under section 205; and and Carl D. Perkins Vocational and Technical (2) 20 percent of the grant funds to provide (D) provide staff at each such school with Education Act of 1998 (20 U.S.C. 2301 et seq.). professional development to academic coun- opportunities for appropriate professional selors and technical assistance to local edu- development and coordination to help the (d) ELIGIBLE LOCAL EDUCATIONAL AGENCY cational agencies, and to pay for administra- staff support students in implementing the PRIORITY.—In awarding subgrants to eligible tive costs, of which not more than 10 percent students’ personal plans. local educational agencies, a State edu- of such 20 percent may be used for planning, (2) CONSORTIA.—An eligible local educational agency shall give priority to eligi- administration, and reporting. cational agency may apply to the State edu- ble local educational agencies with— (f) SUPPLEMENT NOT SUPPLANT.—Grant cational agency for a subgrant as a consor- (1) the largest number or percentage of stu- funds provided to State educational agencies tium, if each member of the consortium is an dents in grades 6 through 12 reading below under this title shall be used to supplement eligible local educational agency. grade level; or not supplant funding provided by the State (c) AUTHORIZED ACTIVITIES.—Each eligible (2) the lowest graduation rates as described for activities authorized under this title or local educational agency receiving a in section 1111(b)(2)(C)(vi) of the Elementary for other educational activities. subgrant under this title shall use the and Secondary Education Act of 1965 (20 (g) NEW SERVICES AND ACTIVITIES.—Grant subgrant funds to provide the following serv- U.S.C. 6311(b)(2)(C)(vi)). funds provided under this title may be used ices: (e) SCHOOL PRIORITY.—In awarding only to provide services and activities au- (1) Hiring academic counselors (at a ratio subgrant funds to secondary schools, an eli- thorized under this title that were not proof not less than 1 counselor per 150 students) gible local educational agency shall give pri- vided on the day before the date of enact- to develop the 6-year personal plans for all ority to secondary schools that— ment of this Act. students in such students’ first year of sec- (1) have the highest percentages or num- (h) REALLOTMENT.—If a State educational ondary school and coordinate the services re- bers of students in grades 6 through 12 read- agency does not apply for funding under this quired to implement such personal plans. ing below grade level; title, the Secretary shall reallot the State Such academic counselors shall— (2) have the highest percentages or num- educational agency’s allotment to the re- (A) work with students and their families bers of children living below the poverty line maining eligible State educational agencies. to develop an individual plan that will define according to census figures; or

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States that have been identified for school subgrant under this title for a fiscal year SEC. 302. PURPOSES. improvement under such section 1116(b). shall receive a minimum subgrant amount It is the purpose of this title to implement (2) REALLOTMENT.—The portion of any that bears the same relation to the amount research-based programs, practices, and State educational agency’s allotment that is of funds made available to the State edu- models that will improve student achieve- not used by the State educational agency cational agency under section 204(e)(1) as the ment in low performing secondary schools. shall be reallotted among the remaining amount the eligible local educational agency SEC. 303. DEFINITIONS. State educational agencies on the same basis received under part A of title I of the Ele- In this title: as the original allotments were made under mentary and Secondary Education Act of (1) IN GENERAL.—The terms ‘‘institution of paragraph (1). 1965 (20 U.S.C. 6311 et seq.) for the preceding higher education’’, ‘‘local educational agen- (c) ALLOCATIONS TO ELIGIBLE LOCAL EDU- fiscal year bears to the amount received by cy’’, ‘‘secondary school’’, ‘‘Secretary’’, and CATIONAL AGENCIES.— all eligible local educational agencies in the ‘‘State educational agency’’ have the mean- (1) RESERVATIONS.—Each State educational State under such part for the preceding fis- ings given the terms in section 9101 of the El- agency receiving a grant under this title cal year. ementary and Secondary Education Act of shall reserve— (g) SUFFICIENT SIZE AND SCOPE.—Subgrants 1965 (20 U.S.C. 7801). (A) not more than 10 percent of the grant under this section shall be of sufficient size (2) ELIGIBLE LOCAL EDUCATIONAL AGENCY.— funds— and scope to enable eligible local educational The term ‘‘eligible local educational agency’’ (i) for State-level activities to provide agencies to fully implement activities as- means a local educational agency that has high-quality professional development and sisted under this title. jurisdiction over not less than 1 eligible sec- technical assistance to local educational (h) SUPPLEMENT NOT SUPPLANT.—Each eli- ondary school. agencies receiving funds under this title and gible local educational agency receiving a (3) ELIGIBLE PARTNERSHIP.—The term ‘‘eli- to other local educational agencies as appro- subgrant under this section shall use the gible partnership’’ means— priate, including the dissemination and im- subgrant funds to supplement not supplant (A) an eligible local educational agency in plementation of research-based programs, funding for activities authorized under this partnership with a regional educational lab- practices, and models for secondary school title or for other educational activities. oratory, an institution of higher education, improvement; and (i) NEW SERVICES AND ACTIVITIES.— (ii) to contract for the evaluation of all Subgrant funds provided under this section or another nonprofit institution with significant experience in implementing and evalu- programs and activities in the State that are may be used only to provide services and ac- assisted under this title; and tivities authorized under this section that ating education reforms; or (B) a consortium of eligible secondary (B) not less than 90 percent of the grant were not provided on the day before the date funds to award subgrants to eligible local of enactment of this Act. schools or eligible local educational agencies, each of which is an eligible entity de- educational agencies to enable the eligible SEC. 206. AUTHORIZATION OF APPROPRIATIONS. scribed in subparagraph (A). local educational agencies to carry out the For the purposes of carrying out this title, (4) ELIGIBLE SECONDARY SCHOOL.—The term activities described in section 306. there are authorized to be appropriated ‘‘eligible secondary school’’ means a sec- (2) LOCAL ALLOCATION.—From funds re- $2,000,000,000 for fiscal year 2006 and such ondary school identified for school improve- served under paragraph (1)(B), the State edu- sums as may be necessary for each of the 5 ment under section 1116(b) of the Elementary cational agency shall allocate to each eligi- succeeding fiscal years. and Secondary Education Act of 1965 (20 ble local educational agency in the State an TITLE III—FOSTERING SUCCESSFUL U.S.C. 6316(b)), as of the day preceding the amount that bears the same relation to such SECONDARY SCHOOLS date of enactment of the Pathways for All funds as the number of secondary schools SEC. 301. FINDINGS. Students to Succeed Act. that have been identified for school improve- Congress makes the following findings: (5) STATE.—The term ‘‘State’’ means each ment under section 1116(b) of the Elementary (1) Personalization of the school environ- of the several States of the United States, and Secondary Education Act of 1965 (20 ment has been proven to be an essential fac- the District of Columbia, the Commonwealth U.S.C. 6316(b)), that are served by the eligible tor in helping low-performing secondary of Puerto Rico, the United States Virgin Is- local educational agency, bears to the num- school students succeed. lands, Guam, American Samoa, and the Com- ber of such schools served by all eligible (2) Effective schools provide ongoing, high- monwealth of the Northern Mariana Islands. local educational agencies in the State. quality professional development for teach- SEC. 304. PROGRAM AUTHORIZED; AUTHORIZA- SEC. 306. LOCAL USES OF FUNDS. ers and administrators to improve instruc- TION OF APPROPRIATIONS. Each eligible local educational agency re- tion. (a) PROGRAM AUTHORIZED.—The Secretary ceiving a subgrant under this title shall use (3) Student success is dependent upon is authorized to award grants to State edu- the subgrant funds for activities to improve alignment of curriculum, instruction, and cational agencies, from allotments under secondary schools that have been identified assessment. section 305(b), to enable the State edu- for school improvement under section 1116(b) (4) Successful schools adapt instruction to cational agencies to award subgrants to eli- of the Elementary and Secondary Education the unique interests and talents of each stu- gible local educational agencies, from alloca- Act of 1965 (20 U.S.C. 6316(b)), such as— dent. tions under section 305(c)(2), to promote sec- (1) developing and implementing research- (5) Successful schools have high expecta- ondary school improvement and student based programs or models that have been tions for all students and offer a rigorous achievement. shown to raise achievement among sec- curriculum for the entire student body. (b) AUTHORIZATION OF APPROPRIATIONS.— ondary school students, including smaller (6) Ongoing assessment is the best way to There are authorized to be appropriated to learning communities, adolescent literacy measure how each student is learning and re- carry out this title $500,000,000 for fiscal year programs, block scheduling, whole school responding to the teacher’s instructional 2006 and such sums as may be necessary for forms, individualized learning plans, person- methods. each of the 5 succeeding fiscal years. alized learning environments, and strategies (7) Effective secondary schools have access SEC. 305. RESERVATIONS, STATE ALLOTMENTS, to target students making the transition to, and utilize, data related to student per- AND LOCAL ALLOCATIONS. from middle school to secondary school; formance prior to, and following, secondary (a) RESERVATIONS.—From funds appro- (2) promoting community investment in school enrollment. priated under section 304(b) for a fiscal year school quality by engaging parents, busi- (8) Despite significant increases to the pro- the Secretary shall reserve— nesses, and community-based organizations gram, only about 7 percent of funding for (1) 2 percent for schools funded or sup- in the development of reform plans for eligi- title I of the Elementary and Secondary Edu- ported by the Bureau of Indian Affairs to ble secondary schools; cation Act of 1965 (20 U.S.C. 6301 et seq.) goes carry out the purposes of this title for Indian (3) researching, developing, and imple- to secondary schools. children; menting a school district strategy to create (9) Every year, 1,300,000 students do not (2) 3 percent to carry out national activi- smaller learning communities for secondary graduate with their peers, which means ties in support of the purposes of this title; school students, both by creating smaller every school day, our Nation loses 7,000 stu- and learning communities within existing sec- dents. (3) 95 percent for allotment to the States in ondary schools, and by developing new, (10) Nationally, of 100 ninth-graders, only accordance with subsection (b). smaller, and more personalized secondary 68 will graduate from high school on time, (b) ALLOTMENT TO STATES.— schools; only 38 will directly enter college, only 26 (1) IN GENERAL.—From funds reserved (4) providing professional development for will still be enrolled for the sophomore year, under subsection (a)(3) for a fiscal year, the school staff in research-based practices, such and only 18 will end up graduating from col- Secretary shall make an allotment to each as interactive instructional strategies and lege. The numbers for minority students are State educational agency in an amount that opportunities to connect learning with expe- even lower. bears the same relationship to the funds as rience; and

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4417 (5) providing professional development and given such term in section 9101 of the Ele- By Mr. SANTORUM (for himself leadership training for principals and other mentary and Secondary Education Act of and Mr. LIEBERMAN): school leaders in the best practices of in- 1965 (20 U.S.C. 7801). S. 922. A bill to establish and provide structional leadership and implementing (3) SECRETARY.—The term ‘‘Secretary’’ for the treatment of Individual Devel- school reforms to raise student achievement. means the Secretary of Education. opment Accounts, and for other pur- SEC. 307. APPLICATIONS. (e) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated to poses; to the Committee on Finance. (a) STATES.—Each State educational agen- Mr. SANTORUM. Mr. President, I cy desiring a grant under this title shall sub- carry out this section $50,000,000 for fiscal mit to the Secretary an application at such year 2006, and such sums as may be necessary along with Senator LIEBERMAN am in- time, in such manner, and containing such for each of the 2 succeeding fiscal years. troducing the Savings and Working information as the Secretary may require to Mr. DURBIN. Mr. President, I am Families Act of 2005. ensure compliance with the requirements of pleased to support the introduction The need for this legislation comes at this title. today, along with my colleagues Sen- a time when Americans face an ongo- (b) ELIGIBLE LOCAL EDUCATIONAL AGEN- ators CLINTON and KENNEDY, of Senator ing savings and assets crisis. One third CIES.—Each eligible local educational agency MURRAY’s bill to improve America’s of all Americans have no assets avail- desiring a subgrant under this title shall high schools. able for investment, and another fifth submit to the State educational agency an We have all heard a lot of talk these have only negligible assets. The United application at such time, in such manner, and containing such information as the days about the need to improve Amer- States household savings rate lags far State educational agency may require to en- ica’s high schools. Bill Gates makes behind that of other industrial nations, sure compliance with the requirements of the point that the academic caliber of constraining national economic growth this title. Each such application shall de- our high school graduates is one of the and keeping many Americans from en- scribe how the eligible local educational greatest factors in our country’s abil- tering the economic mainstream by agency will form an eligible partnership to ity to innovate and to compete inter- buying a house, obtaining an adequate carry out the activities assisted under this nationally in technological advance- education, or starting a business. title. ments. The CEO of Intel, Craig Barrett, Low-income Americans face a huge SEC. 308. EVALUATIONS. tells the story of the how U.S. students hurdle when trying to save. Individual In cooperation with the State educational are eclipsed in the international Development Accounts, IDAs, provide agencies receiving funds under this title, the them with a way to work toward build- Secretary shall undertake or contract for a science competition his firm sponsors. rigorous evaluation of the effectiveness and University presidents I meet with talk ing assets while instilling the practice success of activities conducted under this about the strain that remedial edu- of savings into their everyday lives. title. cation for incoming freshmen places on IDAs are one of the most promising TITLE IV—DATA CAPACITY the school’s faculty and budgets. tools that enable low-income and low- SEC. 401. GRANTS FOR INCREASING DATA CAPAC- The President’s budget this year in- wealth American families to save, ITY FOR PURPOSES OF ASSESSMENT cludes his high school initiative, which build assets, and enter the financial AND ACCOUNTABILITY. proposes to redirect money to high mainstream. Based on the idea that all (a) PROGRAM AUTHORIZED.—From funds ap- schools. There’s a big catch, though. Americans should have access, through propriated under subsection (e) for a fiscal The President says that to fund his the tax code or through direct expendi- year, the Secretary may award grants, on a high school initiative we need to elimi- tures, to the structures that subsidize competitive basis, to State educational nate one of our most effective edu- homeownership and retirement savings agencies to enable the State educational agencies to develop or increase the capacity cation programs for high schools, tech- of wealthier families, IDAs encourage of data systems for assessment and account- nical schools and colleges—Perkins Vo- savings efforts among the poor by of- ability purposes, including the collection of cational and Technical Education fering them a one-to-one match for graduation rates. grants. their own deposits. IDAs reward the (b) APPLICATION.—Each State educational There is a better way. The Pathways monthly savings of working-poor fami- agency desiring a grant under this section for All Students to Success (PASS) Act lies who are trying to buy their first shall submit an application to the Secretary provides the resources schools need to home, pay for post-secondary edu- at such time, in such manner, and con- sharpen the focus on literacy and cation, or start a small business. These taining such information as the Secretary math—skills critical to success in the may require. matched savings accounts are similar (c) USE OF FUNDS.—Each State educational workforce or in post-secondary studies. to 401(k) plans and other matched sav- agency that receives a grant under this sec- High schools can employ literacy and ings accounts, but can serve a broad tion shall use the grant funds for the purpose math coaches to help support and sup- range of purposes. of— plement the teachers in traditional The Savings and Working Families (1) increasing the capacity of, or creating, classrooms. The legislation also allows Act of 2005 builds on existing IDA pro- State databases to collect, disaggregate, and for additional academic counseling, to grams by creating tax credit incentives report information related to student provide that targeted, individualized for an additional 900,000 accounts. Indi- achievement, enrollment, and graduation assistance that many students need to viduals between 18 and 60 who are not rates for assessment and accountability pur- achieve proficiency in key academic dependents or students and meet the poses; and (2) reporting, on an annual basis, for the el- areas. income requirements would be eligible ementary schools and secondary schools The PASS Act also provides funding to establish and contribute to an IDA. within the State, on— that allows schools not meeting na- For single filers, the income limit (A) the enrollment data from the beginning tional standards to implement proven, would be $20,000 in modified aggregate of the academic year; comprehensive school reform to help gross income, AGI. The corresponding (B) the enrollment data from the end of the students learn. Finally, current data thresholds for head-of-household and academic year; and on high school graduation rates is in- joint filers would be $30,000 and $40,000, (C) the twelfth grade graduation rates. complete, inconsistent and often inac- respectively. (d) DEFINITIONS.—In this section: curate. That makes it harder for Participants could generally with- (1) GRADUATION RATE.—The term ‘‘graduation rate’’ means the percentage that— schools to know which populations of draw their contributions and matching (A) the total number of students who— students are most in need of additional funds for qualified purposes, which in- (i) graduate from a secondary school with attention. This legislation provides clude certain higher education ex- a regular diploma (which shall not include funding for school systems to collect, penses, first-time home purchase ex- the recognized equivalent of a secondary disaggregate and report accurate grad- penditures, and small business capital- school diploma or an alternative degree) in uation rates. ization. an academic year; and Now is the time to strengthen our Additionally, this bill would create a (ii) graduated on time by progressing 1 high schools. Expectations in the work- tax credit to defray the cost of estab- grade per academic year; represents of place and on post-secondary campuses lishing and running IDA programs, (B) the total number of students who entered the secondary school in the entry level are higher than ever for high school contributing matching funds to the ap- academic year applicable to the graduating graduates. The PASS Act supports stu- propriate accounts, and providing fi- students. dents working toward high school grad- nancial education to account holders. (2) STATE EDUCATIONAL AGENCY.—The term uation, enhancing their pathway to Program sponsors could be qualified in- ‘‘State educational agency’’ has the meaning success. stitutions, qualified nonprofits, or

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4418 CONGRESSIONAL RECORD — SENATE April 27, 2005 qualified Indian tribes, and would have to low-income Americans to meet this colleges to create financial education to be an institution eligible under cur- goal. programs for low-income families re- rent law to serve as the custodian of I urge my colleagues to support the ceiving welfare and for those IRAs. Sponsors could claim a tax credit Savings and Working Families Act of transitioning from welfare to work. that would have two components. The 2005. I am not alone in advocating finan- first would be a $50 credit per account cial literacy for TANF recipients. Fed- to offset the ongoing costs of maintain- By Mr. CORZINE (for himself, eral Reserve Chairman Alan Greenspan ing and administering each account Mr. AKAKA, Ms. STABENOW, Mr. has said, ‘‘Educational and training and providing financial education to LAUTENBERG, and Mr. OBAMA): programs may be the most critical participants. Except for the first year S. 923. A bill to amend part A of title service offered by community-based or- that an account is open, the credit IV of the Social Security Act to re- ganizations to enhance the ability of would be available only for accounts quire a State to promote financial edu- lower-income households to accumu- with a balance, at year’s end, of more cation under the Temporary Assistance late assets.’’ than $100. In addition, there would be a for Needy Families (TANF) Program I urge my colleagues to join me in credit for the dollar-to-dollar matching and to allow financial education to helping the most vulnerable families in amounts. count as a work activity under that the United States get access to the IDAs work to spur savings by low-in- program; to the Committee on Fi- tools they will need to successfully come individuals. The American Dream nance. make the transition from welfare to Demonstration, ADD, a 14-site IDA pro- Mr. CORZINE. Mr. President, I rise work. I ask unanimous consent that the gram, has proven that low-income fam- today to introduce the TANF Financial text of the bill be printed in the ilies, with proper incentives and sup- Education Promotion Act of 2005 in order to call attention to an important RECORD. port, can and do save for longer-term There being no objection, the bill was goals. In ADD, average monthly net de- issue for low-income families financial ordered to be printed in the RECORD, as literacy. I am proud to be reintro- posits per participant were $19.07, with follows: ducing this bill during the month of the average participant saving 50 per- S. 923 cent of the monthly savings target and April, which is Financial Literacy Month. Be it enacted by the Senate and House of Rep- making deposits in 6 of 12 months. Par- resentatives of the United States of America in ticipants accumulated an average of One of the goals of the Temporary Congress assembled, $700 per year including matching con- Assistance for Needy Families (TANF) SECTION 1. SHORT TITLE. tributions. Importantly, deposits in- Program is to help low-income families This Act may be cited as the ‘‘TANF Fi- creased as the monthly target in- transition from welfare to work. How- nancial Education Promotion Act of 2005’’. creased, indicating that low-income ever, there is more to leaving poverty SEC. 2. FINDINGS. families’ saving behavior, like that of than just finding a job. Welfare recipi- Congress makes the following findings: wealthier individuals; is influenced by ents must learn the skills that will (1) Most recipients of assistance under the help them build savings and establish Temporary Assistance for Needy Families the incentives they receive. (TANF) Program established under part A of Additionally, key to the success of good credit so that they can stay off title IV of the Social Security Act (42 U.S.C. IDAs is the economic education that welfare. Currently, TANF does not 601 et seq.) and individuals moving toward participants receive. Information offer financial education to low-income self-sufficiency operate outside the financial about repairing credit, reducing ex- individuals, leaving welfare recipients mainstream, paying high costs to handle penditures, applying for the Earned In- at risk of dependence upon public as- their finances and saving little for emer- come Tax Credit, avoiding predatory sistance. gencies or the future. lenders, and accessing financial serv- Furthermore, millions of low-income (2) Currently, personal debt levels and bankruptcy filing rates are high and savings ices helps IDA participants to reach families, including families receiving rates are at their lowest levels in 70 years. savings goals and to integrate them- TANF, are unbanked. These households The inability of many households to budget, selves into the mainstream economic tend to do their banking at check-cash- save, and invest prevents them from laying system. The encouragement and con- ing outlets that charge exorbitant fees the foundation for a secure financial future. nection to supportive services helps for such services. A lack of basic con- (3) Financial planning can help families low-income individuals to keep early sumer finance education, including meet near-term obligations and maximize withdrawals to a minimum and over- lack of familiarity with how a check- their longer-term well being, especially valu- ing or savings account works, has been able for populations that have traditionally come obstacles to saving. Banks and been underserved by our financial system. credit unions benefit from these new cited as a major reason why millions of (4) Financial education can give individ- customer relations, and States benefit Americans do not set up such accounts. uals the necessary financial tools to create from decreased presence of check-cash- Not only are low-income people more household budgets, initiate savings plans, ing, pawnshop, and other predatory likely to be unbanked than other indi- and acquire assets. outlets. viduals, but they are also the most vul- (5) Financial education can prevent vulner- But more than income enhancement, nerable to abusive lending practices able customers from becoming entangled in asset accumulation affects individuals’ and hostile credit arrangements. Those financially devastating credit arrangements. confidence about the future, willing- with the fewest financial resources end (6) Financial education that addresses abusive lending practices targeted at specific ness to defer gratification, avoidance up paying the most to obtain financ- neighborhoods or vulnerable segments of the of risky behavior, and investment in ing. Financial education that addresses population can prevent unaffordable pay- community. In families where assets predatory lending will help prevent ments, equity stripping, and foreclosure. are owned, children do better in school, low-income families from becoming (7) Financial education speaks to the voting participation increases, and victims of unaffordable loan payments, broader purpose of the TANF Program to family stability improves. Reliance on equity stripping, and foreclosure. equip individuals with the tools to succeed public assistance decreases as families Burdened by significant financial and support themselves and their families in use their assets to access higher edu- needs, welfare recipients need practical self-sufficiency. information on the fundamentals of SEC. 3. REQUIREMENT TO PROMOTE FINANCIAL cation and better jobs, reduce their EDUCATION UNDER TANF. housing costs through ownership, and saving, household budgeting, taxes, and (a) STATE PLAN.—Section 402(a)(1)(A) of the create their own job opportunities credit. With this knowledge, individ- Social Security Act (42 U.S.C. 602(a)(1)(A)) is through entrepreneurship. uals will be better equipped to move to- amended by adding at the end the following: We must re-instill the value that ward self-sufficiency and maintain fi- ‘‘(vii) Establish goals and take action to Americans once put into saving and nancial independence. promote financial education, as defined in promote an ownership society. Saving The TANF Financial Education Pro- section 407(j), among parents and caretakers must once again become a national vir- motion Act makes strides in financial receiving assistance under the program through collaboration with community- tue. At stake are not just the financial literacy for welfare recipients by re- based organizations, financial institutions, security and prosperity of Americans quiring states to use TANF funds to and the Cooperative State Research, Edu- as individuals but America as a nation. collaborate with community-based or- cation, and Extension Service of the Depart- This bill takes a step in reaching out ganizations, banks, and community ment of Agriculture.’’.

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4419 (b) INCLUSION OF FINANCIAL EDUCATION AS A must focus on retirement education for (6) Over the next 30 years, the number of WORK ACTIVITY.—Section 407 of the Social mid-life and aging Americans as well older individuals in the United States is ex- Security Act (42 U.S.C 607) is amended— as consumer education for seniors. pected to double, from 35,000,000 to nearly (1) in subsection (c)(1)— My legislation, the Education for Re- 75,000,000, and long-term care costs are ex- (A) in subparagraph (A), by striking ‘‘or pected to skyrocket. (12)’’ and inserting ‘‘(12), or (13)’’; and tirement Security Act will address the (7) Financial exploitation is the largest (B) in subparagraph (B), by striking ‘‘or need for financial literacy among sen- single category of abuse against older indi- (12)’’ each place it appears and inserting iors by creating a $100 million competi- viduals and this population comprises more ‘‘(12), or (13)’’; tive grant program that would provide than 1⁄2 of all telemarketing victims in the (2) in subsection (d)— resources to State and area agencies on United States. (A) in paragraph (11), by striking ‘‘and’’ at aging, and nonprofit community based (8) The Federal Trade Commission (FTC) the end; organizations, to provide financial edu- Identity Theft Data Clearinghouse has re- (B) in paragraph (12), by striking the pe- cation to mid-life and older Americans. ported that incidents of identity theft tar- riod and inserting ‘‘; and’’; and geting individuals over the age of 60 in- (C) by adding at the end the following: The goal of this education is to en- creased from 1,821 victims in 2000 to 21,084 ‘‘(13) financial education, as defined in sub- hance these individuals’ financial and victims in 2004, an increase of more than 11 section (j).’’; and retirement knowledge and reduce their times in number. (3) by adding at the end the following: vulnerability to financial abuse and SEC. 3. GRANT PROGRAM TO ENHANCE FINAN- ‘‘(j) DEFINITION OF FINANCIAL EDUCATION.— fraud, including telemarketing, mort- CIAL AND RETIREMENT LITERACY In this part, the term ‘financial education’ gage, and pension fraud. The bill also AND REDUCE FINANCIAL ABUSE means education that promotes an under- creates a national technical assistance AND FRAUD AMONG MID-LIFE AND OLDER AMERICANS. standing of consumer, economic, and per- program that will designate at least sonal finance concepts, including the basic (a) AUTHORITY.—The Secretary is author- principles involved with earning, budgeting, one national grantee to provide finan- ized to award grants to eligible entities to spending, saving, investing, and taxation.’’. cial education materials and training provide financial education programs to mid- (c) EFFECTIVE DATE.—The amendments to local grantees. life and older individuals who reside in local made by this section take effect on October I am proud to be reintroducing this communities in order to— 1, 2005. legislation during the month of April, (1) enhance financial and retirement which is Financial Literacy Month. knowledge among such individuals; and By Mr. CORZINE (for himself, We must offer those individuals who (2) reduce financial abuse and fraud, in- Mr. AKAKA, Ms. STABENOW, Mr. are close to or in retirement the tools cluding telemarketing, mortgage, and pension fraud, among such individuals. LAUTENBERG, Mr. SARBANES, they will need to make sound financial (b) ELIGIBLE ENTITIES.—An entity is eligi- and Mr. BAUCUS): decisions and prepare appropriately for S. 924. A bill to establish a grant pro- ble to receive a grant under this section if their retirement. The Education for such entity is— gram to enhance the financial and re- Retirement Security Act will help (1) a State agency or area agency on aging; tirement literacy of mid-life and older older Americans learn how to avoid or Americans to reduce financial abuse scams and invest well. With savvy fi- (2) a nonprofit organization with a proven and fraud among such Americans, and nancial planning and smart consumer record of providing— for other purposes; to the Committee skills, senior citizens will be more em- (A) services to mid-life and older individ- on Health, Education, Labor, and Pen- powered to protect themselves and ul- uals; sions. (B) consumer awareness programs; or timately be better able to enjoy a more (C) supportive services to low-income fami- Mr. CORZINE. Mr. President, I would secure retirement. like to speak today about an issue that lies. I ask unanimous consent that the (c) APPLICATION.—An eligible entity desir- I believe should be a lifelong goal for text of the bill be printed in the ing a grant under this section shall submit all Americans—financial literacy. RECORD. an application to the Secretary in such form More specifically, I want to highlight There being no objection, the bill was and containing such information as the Sec- the necessity of financial literacy for ordered to be printed in the RECORD, as retary may require, including a plan for con- men and women who are close to re- follows: tinuing the programs provided with grant funds under this section after the grant ex- tirement. Senior citizens are too often S. 924 the victims of predatory mortgage and pires. Be it enacted by the Senate and House of Rep- (d) LIMITATION ON ADMINISTRATIVE COSTS.— lending abuses and other financial resentatives of the United States of America in scams. AARP surveys show that over A recipient of a grant under this section may Congress assembled, not use more than 4 percent of the total half of telemarketing fraud victims are SECTION 1. SHORT TITLE. amount of the grant in each fiscal year for age 50 or older. In fact, financial ex- This Act may be cited as the ‘‘Education the administrative costs of carrying out the ploitation is the largest single cat- for Retirement Security Act of 2005’’. programs provided with grant funds under egory of abuse against older persons. It SEC. 2. FINDINGS. this section. is clear that the vulnerability of this Congress finds the following: (e) EVALUATION AND REPORT.— population stems from a lack of finan- (1) Improving financial literacy is a crit- (1) ESTABLISHMENT OF PERFORMANCE MEAS- cial knowledge, so it is more important ical and complex task for Americans of all URES.—The Secretary shall develop measures than ever that this Congress take steps ages. to evaluate the programs provided with to increase the availability of financial (2) Low levels of savings and high levels of grant funds under this section. personal and real estate debt are serious (2) EVALUATION ACCORDING TO PERFORMANCE education for midlife and senior citi- problems for many households nearing re- MEASURES.—Applying the performance meas- zens. tirement. ures developed under paragraph (1), the Sec- Not only does poor financial literacy (3) Only 53 percent of working Americans retary shall evaluate the programs provided leave older Americans vulnerable to fi- have any form of pension coverage. Three with grant funds under this section in order nancial fraud, but it also leads to poor out of four women aged 65 or over receive no to— retirement planning. In the next thirty income from employer-provided pensions. (A) judge the performance and effective- years, the number of Americans over (4) The more limited timeframe that mid- ness of such programs; the age of 65 will double. For many of life and older individuals and families have (B) identify which programs represent the to assess the realities of their individual cir- best practices of entities developing such these Americans, Social Security alone cumstances, to recover from counter-produc- programs for mid-life and older individuals; will be insufficient to cover all their tive choices and decisionmaking processes, and expenses, particularly as health care and to benefit from more informed financial (C) identify which programs may be rep- costs rise. Only about half of American practices, has immediate impact and near licated. workers are currently participating in term consequences for Americans nearing or (3) ANNUAL REPORTS.—For each fiscal year any pension plan, leaving more than 75 of retirement age. in which a grant is awarded under this sec- million Americans without an em- (5) Research indicates that there are now 4 tion, the Secretary shall submit a report to ployer-sponsored pension. Even worse basic sources of retirement income security. Congress containing a description of the sta- Those sources are social security benefits, tus of the grant program under this section, is the fact that fifty million Americans pensions and savings, healthcare insurance a description of the programs provided with have no retirement savings whatso- coverage, and, for an increasing number of grant funds under this section, and the re- ever. These statistics are frightening. older individuals, necessary earnings from sults of the evaluation of such programs As our population lives longer, we working during one’s ‘‘retirement’’ years. under paragraph (2).

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4420 CONGRESSIONAL RECORD — SENATE April 27, 2005 SEC. 4. NATIONAL TRAINING AND TECHNICAL AS- at the elementary and secondary critical to take a proactive approach to SISTANCE PROGRAM. school levels is essential to providing a the problem of personal debt in this (a) AUTHORITY.—The Secretary is authorized to award a grant to 1 or more eligible foundation for financial literacy that country and make sure that the next entities to— can help prevent younger people from generation learns how to better man- (1) create and make available instructional making poor financial decisions.’’ It is age their money. materials and information that promote fi- crucial not only for the well-being of I ask for my colleagues to join me in nancial education; and our children, but for the future of our support of the Youth Financial Edu- (2) provide training and other related as- society as a whole that all citizens un- cation Act, which will equip our na- sistance regarding the establishment of fi- derstand how to manage a checking action’s youth with skills to become re- nancial education programs to eligible enti- count, use a credit card, and estimate sponsible consumers and enjoy eco- ties awarded a grant under section 3. (b) ELIGIBLE ENTITIES.—An entity is eligi- their taxes. nomic security as well as economic op- ble to receive a grant under this section if According to the Jump$tart Coali- portunity in their futures. such entity is a national nonprofit organization for Personal Financial Literacy’s I ask unanimous consent that the tion with substantial experience in the field Survey of High School Seniors, which text of the bill be printed in the of financial education. measures students’ aptitude and abil- RECORD. (c) APPLICATION.—An eligible entity desir- ity to manage financial resources such There being no objection, the bill was ing a grant under this section shall submit as credit cards, insurance, retirement ordered to be printed in the RECORD, as an application to the Secretary in such form funds and savings accounts, only 52.3 follows: and containing such information as the Sec- retary may require. percent of students answered the sur- S. 925 (d) BASIS AND TERM.—The Secretary shall vey questions correctly. In less than a Be it enacted by the Senate and House of Rep- award a grant under this section on a com- year, 54 percent of these students who resentatives of the United States of America in petitive, merit basis for a term of 5 years. go onto college will carry a credit card. Congress assembled, SEC. 5. DEFINITIONS. These statistics make it evident that SECTION 1. PROMOTING YOUTH FINANCIAL LIT- In this Act: we must do more to arm our youth ERACY. (1) FINANCIAL EDUCATION.—The term ‘‘fi- with the tools they need to make in- Title IV of the Elementary and Secondary nancial education’’ means education that formed decisions about the fiscal reali- Education Act of 1965 (20 U.S.C. 7101 et seq.) promotes an understanding of consumer, eco- is amended by adding at the end the fol- nomic, and personal finance concepts, in- ties they will face upon entering col- lowing: cluding saving for retirement, long-term lege or the workforce. In 2004, only 7 states required stu- ‘‘PART D—PROMOTING YOUTH FINANCIAL care, and estate planning and education on LITERACY predatory lending and financial abuse dents to complete a course that in- ‘‘SEC. 4401. SHORT TITLE AND FINDINGS. schemes. cludes personal finance before grad- ‘‘(a) SHORT TITLE.—This part may be cited (2) MID-LIFE INDIVIDUAL.—The term ‘‘mid- uating from high school. In my home as the ‘Youth Financial Education Act’. life individual’’ means an individual aged 45 State of New Jersey, New Egypt High to 64 years. ‘‘(b) FINDINGS.—Congress finds the fol- School is the only school that requires lowing: (3) OLDER INDIVIDUAL.—The term ‘‘older in- a course financial education. Several dividual’’ means an individual aged 65 or ‘‘(1) In order to succeed in our dynamic older. years ago I had the pleasure of teach- American economy, young people must obtain the skills, knowledge, and experience (4) SECRETARY.—The term ‘‘Secretary’’ ing a class of these students, and came means the Secretary of Health and Human away impressed with their knowledge necessary to manage their personal finances Services. and competency in financial matters. and obtain general financial literacy. All young adults should have the educational SEC. 6. AUTHORIZATION OF APPROPRIATIONS. While awareness of the importance of tools necessary to make informed financial (a) AUTHORIZATION.—There are authorized financial literacy is improving, it is decisions. to be appropriated to carry out this Act, still not being addressed appropriately ‘‘(2) Despite the critical importance of fi- $100,000,000 for each of the fiscal years 2006 in schools. Our schools must prepare nancial literacy to young people, the average through 2010. our children to succeed in every way, student who graduates from high school (b) LIMITATION ON FUNDS FOR EVALUATION lacks basic skills in the management of per- AND REPORT.—The Secretary may not use including in their financial decisions. sonal financial affairs. A nationwide survey more than $200,000 of the amounts appro- I am pleased that I successfully conducted in 2004 by the Jump$tart Coalition priated under subsection (a) for each fiscal added a provision to the No Child Left for Personal Financial Literacy examined year to carry out section 3(e). Behind Act giving elementary and sec- the financial knowledge of 4,074 12th graders. (c) LIMITATION ON FUNDS FOR TRAINING AND ondary schools access to funds that On average, survey respondents answered TECHNICAL ASSISTANCE.—The Secretary may will allow them to include financial not use less than 5 percent or more than 10 only 52 percent of the questions correctly. education as part of their basic edu- This figure is up only slightly from the 50 percent of amounts appropriated under sub- cational curriculum. Although this was section (a) for each fiscal year to carry out percent average score in 2002. section 4. an important step in the right direc- ‘‘(3) An evaluation by the National Endow- tion, Congress can and should do more ment for Financial Education High School By Mr. CORZINE (for himself, to address this Issue. Financial Planning Program undertaken jointly with the United States Department Mr. AKAKA, Ms. STABENOW, Mr. The legislation I am introducing today will provide grants to States to of Agriculture Cooperative State Research, LAUTENBERG, and Mr. BAUCUS): Education, and Extension Service dem- S. 925. A bill to promote youth finan- help them develop and implement fi- onstrates that as little as 10 hours of class- cial education; to the Committee on nancial education programs in elemen- room instruction can impart substantial Health, Education, Labor, and Pen- tary and secondary schools. These pro- knowledge and affect significant change in sions. grams will offer professional develop- how teens handle their money. Mr. CORZINE. Mr. President, I rise ment for teachers and prepare them to ‘‘(4) State educational leaders have recog- today to introduce the Youth Financial provide financial education. It would nized the importance of providing a basic fi- Education Act. I am pleased to intro- also establish a national clearinghouse nancial education to students in kinder- duce this bill during the month of for instructional materials and infor- garten through grade 12 by integrating financial education into State educational April—Financial Literacy Month. mation regarding model financial edu- standards, but by 2004, only 7 States required It is hard to underestimate the im- cation programs. students to complete a course that covered portance of financial literacy for our Earlier this year, the Senate debated personal finance before graduating from high youth. As credit, banking, and finan- the Bankruptcy Reform Bill that seeks school. cial systems in this country become to change the rules governing bank- ‘‘(5) Teacher training and professional de- more and more complex, it is time to ruptcy. While I agree that bankruptcy velopment are critical to achieving youth fi- make sure that our education system reform should provide an incentive for nancial literacy. Teachers should be given teaches our children the fundamental capable individuals to honor their fi- the tools they need to educate our Nation’s principles of earning, spending, saving nancial obligations, this legislation youth on personal finance and economics. ‘‘(6) Personal financial education helps pre- and investing, so that they can be suc- will make it that much more difficult pare students for the workforce and for fi- cessful citizens. Federal Reserve Chair- for people who have fallen into debt to nancial independence by developing their man Alan Greenspan said himself that declare bankruptcy. With these re- sense of individual responsibility, improving ‘‘Improving basic financial education forms imminent, it will be all the more their life skills, and providing them with a

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thorough understanding of consumer eco- more than 4 percent of the total amount of ‘‘(b) EVALUATION ACCORDING TO PERFORM- nomics that will benefit them for their en- the grant in each fiscal year for the adminis- ANCE MEASURES.—Applying the performance tire lives. trative costs of carrying out this section. measures developed under subsection (a), the ‘‘(7) Financial education integrates in- ‘‘(e) REPORT TO THE SECRETARY.—Each Secretary shall evaluate programs assisted struction in valuable life skills with instruc- State educational agency receiving a grant under sections 4402 and 4403— tion in economics, including income and under this section shall transmit a report to ‘‘(1) to judge their performance and effec- taxes, money management, investment and the Secretary with respect to each fiscal tiveness; spending, and the importance of personal year for which a grant is received. The re- ‘‘(2) to identify which of the programs rep- savings. port shall describe the programs supported resent the best practices of entities devel- ‘‘(8) The consumers and investors of tomor- by the grant and the results of the State edu- oping financial education programs for stu- row are in our schools today. The teaching of cational agency’s monitoring and evaluation dents in kindergarten through grade 12; and personal finance should be encouraged at all of such programs. ‘‘(3) to identify which of the programs may levels of our Nation’s educational system, ‘‘SEC. 4403. CLEARINGHOUSE. be replicated and used to provide technical from kindergarten through grade 12. ‘‘(a) AUTHORITY.—Subject to the avail- assistance to States, localities, and the gen- ‘‘SEC. 4402. STATE GRANT PROGRAM. ability of appropriations, the Secretary shall eral public. ‘‘(a) PROGRAM AUTHORIZED.—The Secretary make a grant to, or execute a contract with, ‘‘(c) REPORT.—For each fiscal year for is authorized to provide grants to State edu- an eligible entity with substantial experi- which there are appropriations under section cational agencies to develop and integrate ence in the field of financial education, such 4407(a), the Secretary shall transmit a report youth financial education programs for stu- as the Jump$tart Coalition for Personal Fi- to Congress describing the status of the im- dents in elementary schools and secondary nancial Literacy, to establish, operate, and plementation of this part. The report shall schools. maintain a national clearinghouse (in this include the results of the evaluation required ‘‘(b) STATE PLAN.— part referred to as the ‘Clearinghouse’) for under subsection (b) and a description of the ‘‘(1) APPROVED STATE PLAN REQUIRED.—To instructional materials and information re- programs supported under section 4402. be eligible to receive a grant under this sec- garding model financial education programs ‘‘SEC. 4405. DEFINITIONS. tion, a State educational agency shall sub- and best practices. ‘‘In this part: ‘‘(b) ELIGIBLE ENTITY.—In this section, the mit an application that includes a State ‘‘(1) FINANCIAL EDUCATION.—The term ‘fi- term ‘eligible entity’ means a national non- plan, described in paragraph (2), that is ap- nancial education’ means educational activi- profit organization with a proven record of— proved by the Secretary. ties and experiences, planned and supervised ‘‘(1) cataloging youth financial literacy ‘‘(2) STATE PLAN CONTENTS.—The State plan by qualified teachers, that enable students materials; and referred to in paragraph (1) shall include— to understand basic economic and consumer ‘‘(2) providing support services and mate- ‘‘(A) a description of how the State edu- principles, acquire the skills and knowledge rials to schools and other organizations that cational agency will use grant funds; necessary to manage personal and household work to promote youth financial literacy. ‘‘(B) a description of how the programs finances, and develop a range of com- ‘‘(c) APPLICATION.—An eligible entity desir- supported by a grant will be coordinated petencies that will enable the students to being to establish, operate, and maintain the with other relevant Federal, State, regional, come responsible consumers in today’s com- Clearinghouse shall submit an application to and local programs; and plex economy. the Secretary at such time, in such manner, ‘‘(C) a description of how the State edu- ‘‘(2) QUALIFIED TEACHER.—The term ‘quali- and accompanied by such information, as the cational agency will evaluate program per- fied teacher’ means a teacher who holds a Secretary may reasonably require. valid teaching certification or is considered formance. ‘‘(d) BASIS AND TERM.—The Secretary shall to be qualified by the State educational ‘‘(c) ALLOCATION OF FUNDS.— make the grant or contract authorized under agency in the State in which the teacher ‘‘(1) ALLOCATION FACTORS.—Except as oth- subsection (a) on a competitive, merit basis works. erwise provided in paragraph (2), the Sec- for a term of 5 years. retary shall allocate the amounts made ‘‘(e) USE OF FUNDS.—The Clearinghouse ‘‘SEC. 4406. PROHIBITION. available to carry out this section pursuant shall use the funds provided under a grant or ‘‘Nothing in this part shall be construed to to subsection (a) to each State according to contract made under subsection (a)— authorize an officer or employee of the Fed- the relative populations in all the States of ‘‘(1) to maintain a repository of instruc- eral Government to mandate, direct, or con- students in kindergarten through grade 12, tional materials and related information re- trol a State, local educational agency, or as determined by the Secretary based on the garding financial education programs for ele- school’s specific instructional content, cur- most recent satisfactory data. mentary schools and secondary schools, in- riculum, or program of instruction, as a con- ‘‘(2) MINIMUM ALLOCATION.—Subject to the cluding kindergartens, for use by States, lo- dition of eligibility to receive funds under availability of appropriations and notwith- calities, and the general public; this part. standing paragraph (1), a State that has sub- ‘‘(2) to disseminate to States, localities, ‘‘SEC. 4407. AUTHORIZATION OF APPROPRIA- mitted a plan under subsection (b) that is ap- and the general public, through electronic TIONS. proved by the Secretary shall be allocated an and other means, instructional materials ‘‘(a) AUTHORIZATION.—For the purposes of amount that is not less than $500,000 for a and related information regarding financial carrying out this part, there are authorized fiscal year. education programs for elementary schools to be appropriated $100,000,000 for each of the ‘‘(3) REALLOCATION.—In any fiscal year an and secondary schools, including kinder- fiscal years 2006 through 2010. allocation under this subsection— gartens; and ‘‘(b) LIMITATION ON FUNDS FOR CLEARING- ‘‘(A) for a State that has not submitted a ‘‘(3) to the extent that resources allow, to HOUSE.—The Secretary may use not less than plan under subsection (b); or provide technical assistance to States, local- 2 percent and not more than 5 percent of ‘‘(B) for a State whose plan submitted ities, and the general public on the design, amounts appropriated under subsection (a) under subsection (b) has been disapproved by establishment, and implementation of finan- for each fiscal year to carry out section 4403. the Secretary; cial education programs for elementary ‘‘(c) LIMITATION ON FUNDS FOR SECRETARY shall be reallocated to States with approved schools and secondary schools, including EVALUATION.—The Secretary may use not plans under this section in accordance with kindergartens. more than $200,000 from the amounts appro- paragraph (1). ‘‘(f) CONSULTATION.—The chief executive of- priated under subsection (a) for each fiscal ‘‘(d) USE OF GRANT FUNDS.— ficer of the eligible entity selected to estab- year to carry out subsections (a) and (b) of ‘‘(1) REQUIRED USES.—A grant made to a lish and operate the Clearinghouse shall con- section 4404. State educational agency under this part sult with the Department of the Treasury ‘‘(d) LIMITATION ON ADMINISTRATIVE shall be used— and the Securities Exchange Commission COSTS.—Except as necessary to carry out ‘‘(A) to provide funds to local educational with respect to its activities under sub- subsections (a) and (b) of section 4404 using agencies and public schools to carry out fi- section (e). amounts described in subsection (c) of this nancial education programs for students in ‘‘(g) SUBMISSION TO CLEARINGHOUSE.—Each section, the Secretary shall not use any por- kindergarten through grade 12 based on the Federal agency or department that develops tion of the amounts appropriated under sub- concept of achieving financial literacy financial education programs and instruc- section (a) for the costs of administering this through the teaching of personal financial tional materials for such programs shall subpart.’’. management skills and the basic principles mit to the Clearinghouse information on the involved with earning, spending, saving, and programs and copies of the materials. By Mr. INHOFE (for himself, Mr. investing; ‘‘(h) APPLICATION OF COPYRIGHT LAWS.—In VITTER, and Mr. ENZI): ‘‘(B) to carry out professional development carrying out this section the Clearinghouse S. 926. A bill to amend the Internal programs to prepare teachers and adminis- shall comply with the provisions of title 17 of Revenue Code of 1986 to provide that the United States Code. trators for financial education; and the credit for producing fuel from a ‘‘(C) to monitor and evaluate programs ‘‘SEC. 4404. EVALUATION AND REPORT. supported under subparagraphs (A) and (B). ‘‘(a) PERFORMANCE MEASURES.—The Sec- nonconventional source shall apply to ‘‘(2) LIMITATION ON ADMINISTRATIVE retary shall develop measures to evaluate gas produced onshore from a formation COSTS.—A State educational agency receiv- the performance of programs assisted under more than 15,000 feet deep; to the Com- ing a grant under subsection (a) may use not sections 4402 and 4403. mittee on Finance.

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4422 CONGRESSIONAL RECORD — SENATE April 27, 2005 Mr. INHOFE. Mr. President, today I There being no objection, the bill was often unidentified by primary care phy- proudly rise to introduce The Natural ordered to be printed in the RECORD, as sicians, or the appropriate services are Gas Production Act of 2005. follows: simply out of reach. Americans age 65 One of the challenges facing our S. 926 and older have the highest rate of sui- economy is increasing energy prices. Be it enacted by the Senate and House of Rep- cide of any other population in the Take, for example, natural gas that ac- resentatives of the United States of America in United States. An alarming 70 percent counts for 22 percent of American en- Congress assembled, of elderly suicide victims have visited ergy consumption. According to the SECTION 1. SHORT TITLE. their primary care doctor in the month Energy Information Administration, This Act may be cited as the ‘‘Natural Gas prior to committing suicide. over the next 20 years, U.S. natural gas Production Act of 2005’’. Medicare is also the primary source consumption will increase by over 50 SEC. 2. CREDIT FOR PRODUCING FUEL FROM of health insurance for millions of non- percent. At the same time, U.S. nat- NONCONVENTIONAL SOURCE TO APPLY TO GAS PRODUCED ONSHORE elderly disabled. More than 20 percent ural gas production will only grow by FROM FORMATIONS MORE THAN of these individuals suffer from mental 14 percent. At a time when natural gas 15,000 FEET DEEP. illness and/or addiction. This very prices are already at an all time high, (a) IN GENERAL.—Subparagraph (B) of sec- needy population faces the same dis- it is critical that we increase our sup- tion 29(c)(1) of the Internal Revenue Code of crimination in their mental health ply by developing our domestic natural 1986 (defining qualified fuels) is amended by coverage. gas. striking ‘‘or’’ at the end of clause (i), by striking ‘‘and’’ at the end of clause (ii) and As our population ages, the burden of This legislation will provide an in- mental illness on seniors, their fami- centive to increase the supply of do- inserting ‘‘or’’, and by inserting after clause (ii) the following new clause: lies, and the health care system will mestically produced natural gas, which ‘‘(iii) an onshore well from a formation only continue increase. Experts esti- in turn will help alleviate high natural more than 15,000 feet deep, and’’. mate that by the year 2030, 15 million gas prices. (b) ELIGIBLE WELLS.—Section 29 of such people over 65 will have psychiatric dis- The Natural Gas Production Act of Code is amended by adding at the end the orders, with the number of individuals 2005 will add natural gas produced from following new subsection: suffering from Alzheimer’s disease dou- formations more than 15,000 feet deep ‘‘(h) ELIGIBLE DEEP GAS WELLS.—In the case of a well producing qualified fuel de- bling. If we do not reform the Medicare (Deep Gas), to the list of qualifying program to provide greater access to fuels for the Section 29 non-conven- scribed in subsection (B)(iii)— detection and treatment of mental ill- tional tax credit. Experts consider deep ‘‘(1) for purposes of subsection (f)(1)(A), such well shall be treated as drilled before ness, the cost of not treating these dis- gas drilling at more than 15,000 feet to January 1, 1993, if such well is drilled after eases will rapidly escalate. Without the be a non-conventional source of energy the date of the enactment of this subsection, appropriate outpatient mental health production. and services, too many of our seniors are Studies show the resource potential ‘‘(2) subsection (f)(2) shall not apply.’’. forced into nursing homes and hos- below 15,000 feet for natural gas is (c) EFFECTIVE DATE.—The amendments great. The Department of Energy’s made by this section shall apply to taxable pitals. If We truly want to modernize Strategic Center for Natural Gas has years ending after the date of the enactment Medicare and make it more efficient, estimated there to be 130 trillion cubic of this Act. we must provide access to these services. Not only will they likely reduce feet below 15,000 feet in the lower 48. In By Mr. CORZINE (for himself, comparison, that is equal to the proven costs in the long term, but they will Mr. LAUTENBERG, Mr. SAR- and potential reserves on the Alaskan also increase Medicare beneficiaries’ BANES, Mr. JOHNSON, Ms. LAN- North Slope. quality of life. DRIEU, and Mr. KENNEDY): While these vast reserves remain, The Medicare Mental Health Mod- S. 927. A bill to amend title XVIII of very little production is occurring from ernization Act takes critical steps to the Social Security Act to expand and depths greater than 15,000. Deep gas address these issues. First, the bill re- improve coverage of mental health wells require a considerable amount of duces the 50 percent copayment for services under the medicare program; time and money. On average these mental health services to 20 percent. wells cost more than $6.1 million, and to the Committee on Finance. The proposed 20 percent copayment is Mr. CORZINE. Mr. President, I rise for wells deeper than 20,000 feet costs the same as the copayment for all today to introduce a very important can exceed $16 million. Add to that the other outpatient services in Medicare. piece of legislation, the Medicare Men- minimum one-year and longer drilling Second, the bill would provide access time and you can clearly see that Fed- tal Health Modernization Act of 2005. to intensive residential services for Our Nation’s Medicare beneficiaries— eral drilling incentives are needed to those who are suffering from severe our elderly and disabled population— help promote and speed production of mental illness. This will give people this enormous potential resource. have limited access to mental health with Alzheimer’s disease and other se- To drill a deep well, a drilling rig will services. Medicare restricts the types rious mental illness the opportunity to employ about 25 people directly. In of mental health services available to be cared for in their homes or in com- 1979, 128 deep well completions in Okla- beneficiaries and the types of providers munity-based settings. Third, the bill homa created 2,630 jobs. In addition to who are allowed to offer such care. It expands the number of qualified men- direct jobs, economists estimate that also charges higher copayments for tal health professionals eligible to pro- 60 to 75 indirect jobs will be created as mental health services than it does for vide services through the Medicare pro- well. all other health care. In order to re- gram. This includes licensed profes- Due to changes in the regulatory ceive mental health care, seniors and sional mental health counselors, clin- governance of the industry and cyclical the disabled must pay 50 percent of the ical social workers, and marriage and market conditions over the next two cost of a visit to their mental health family therapists. This expansion of and one-half decades, deep drilling ac- specialist, as opposed to the 20 percent qualified providers is critical to ensur- tivity all across the country has de- that they pay for other services. Medi- ing that seniors throughout the nation, clined substantially. care also limits the number of days a particularly those in rural areas, are I am introducing this legislation, beneficiary can receive mental health able to receive the services they need. along with Senator VITTER, today to care in a hospital setting to 190 days In closing, I urge all of my colleagues encourage more domestic production in over an individual’s lifetime. to step forward to support the Medi- an area of proven reserves that will in- We must address this problem. The care Mental Health Modernization Act crease our supply. I thank Senator VIT- need is glaring. Almost 20 percent of of 2005. It is time for the Medicare pro- TER for his work and I urge members to Americans over age 65 have a serious gram to stop discriminating against support us in this effort. I ask consent mental disorder. They suffer from de- seniors and the disabled who are suf- that the text of the bill be printed in pression, Alzheimer’s disease, demen- fering from mental illness. the RECORD. tia, anxiety, late-life schizophrenia If you have any questions, please and, all too often, substance abuse. By Mrs. LINCOLN: contact Mike Ference on my Staff at These are serious illnesses that must S. 928. A bill to amend the Internal 224–1036. be treated. Unfortunately, they are Revenue Code of 1986 to provide for the

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4423 immediate and permanent repeal of the emption and lower rates will be consid- would leave in place the scheduled in- estate tax on family-owned businesses ered as part of a compromise. But both creases in the unified credit, the de- and farms, and for other purposes; to are expensive and inefficient methods creases in rates, and the repeal of the the Committee on Finance. to specifically reach family-owned estate tax in 2010. My bill would only Mrs. LINCOLN. Mr. President, four farms and businesses. seek to rectify the special cir- years ago, as projected budget sur- Given the restraints of our budget cumstances of family-owned businesses pluses reached over $5 trillion, Con- deficits today, I ask, how can we raise and farms, in an attempt, not to in- gress passed a tax cut bill that began the exemption high enough, or lower flame the issue further, but to resolve the process of addressing the unfair- the rates low enough, to provide nec- this issue now and forever for those ness of the estate tax. Now in 2005, the essary relief for family farms and busi- this effort was originally intended to surpluses have long since disappeared, nesses? help. and Congress has made no further We could not get there in 2001 when The goal of the Lincoln bill is that no progress on estate tax relief for Amer- projected surpluses reached $5 trillion. family-owned farm or business will ica’s family-owned farms and busi- What makes us think we can solve this ever pay the estate tax. Americans are nesses—many of whom still pay this problem today with projected deficits driven to build their lives and their tax today. totaling $2.6 trillion in the President’s communities and they want to be able Earlier this month, the House once budget? to pass that on to the next generation. again voted for a complete repeal of We took these approaches in 2001, and What comes of the American dream if the estate tax. I myself have consist- family-owned farms and businesses someone works hard all their life to ently supported complete repeal, I have still face this tax today, so we should build something to pass on to their voted in favor of full repeal on multiple be leery of any compromise approach family, their legacy, and it has to be occasions, and I will continue to sup- that considers only rates and exemp- sold for taxes. port full repeal should that option be tions. They were incomplete com- If there is an idea that will protect brought to the floor of the U.S. Senate promise solutions then—and they will the American dream and the family- for a vote in the future. Nevertheless, be tomorrow. owned business, we should not be reluc- given the persistent state of our more In this environment, I feel we are se- tant to put it on the table. Today, I am than $400 billion annual deficits, it is riously losing ground on coming to a introducing such an idea, and I firmly increasingly doubtful such a bill could fair and final resolution of this issue. believe such an approach must be part obtain the necessary votes in the Sen- In the meantime, the current state of of any compromise if one is reached. In ate for passage right now. the law places many family-owned fact, I will not support any compromise I’m not alone in feeling that the businesses in an extremely uncertain that does not take care of family busi- votes just aren’t there for full repeal. and precarious position—a law that nesses in Arkansas. President of the U.S. Chamber, Tom taxes family-owned businesses today, I urge my colleagues to take a look Donahue, was quoted this week stating then repeals the tax in 2010, and then and study the Lincoln bill to imme- that the Chamber would likely support snaps back to pre–2001 law in 2011 is diately and permanently repeal the es- a good compromise coming out of the simply not responsible on our part. tate tax for family owned farms and Senate. We all understand the state of This amounts to nothing more than a businesses. affairs and I want to echo Mr. nightmarish rollercoaster ride for the I ask unanimous consent that the Donahue’s sentiments. We must work businesses we intended to help! text of the bill be printed in the together to bring relief to those that So, we need to set some priorities RECORD. this tax affects most—family-owned and go about the business of lifting There being no objection, the bill was farms and businesses. this tax from these family-owned farms ordered to be printed in the RECORD, as It is the family-owned farms and and businesses first. follows: businesses across Arkansas and all On the subject of setting priorities, I S. 928 would like to relay a statistic that across this Nation that serve as the Be it enacted by the Senate and House of Rep- backbone of our rural communities. To may startle my colleagues a bit. The resentatives of the United States of America in put it simply, they are the economic IRS Statistics of Income for 2003 show Congress assembled, engines of rural America. It is the fam- that only 7.4 percent of the estate tax SECTION 1. SHORT TITLE. ily-owned businesses that provide jobs, is paid on ‘‘farm assets, closely held This Act may be cited as the ‘‘Estate Tax wages, and health care for my constitu- stock, or other non-corporate business Repeal Acceleration (ExTRA) for Family- ents. It is the family-owned businesses assets.’’ These 7.4 percent should be our Owned Businesses and Farms Act’’. that sponsor Little League, they pay first priority in any compromise the SEC. 2. REPEAL OF ESTATE TAX ON FAMILY- local taxes, they are a part of the com- estate tax. The remaining 92.6 percent OWNED BUSINESSES AND FARMS. munity. They live there. And that’s of assets—such as widely-held stock, (a) CARRYOVER BUSINESS INTEREST EXCLU- why family-owned businesses aren’t bonds, insurance proceeds, art, and real SION.—Part IV of subchapter A of chapter 11 of the Internal Revenue Code of 1986 (relat- the ones that are shutting down and estate partnerships—should not drive ing to taxable estate) is amended by insert- heading off-shore. When we force fam- or dictate our actions at the expense of ing after section 2058 the following new sec- ily businesses to spend valuable assets America’s family-owned farms and tion: on estate planning and life insurance businesses. ‘‘SEC. 2059. CARRYOVER BUSINESS INTERESTS. rather than on investing and expanding This simple statistic helps lead us to ‘‘(a) GENERAL RULES.— their businesses, we are putting them a targeted solution which should cost ‘‘(1) ALLOWANCE OF DEDUCTION.—For pur- at a disadvantage to their publically- less and immediately help those we in- poses of the tax imposed by section 2001, in traded competitors. I, for one, intend tended to help in the first place. Today, the case of an estate of a decedent to which to fight for these family businesses, I introduce the ‘‘Estate Tax Repeal Ac- this section applies, the value of the taxable fight for these communities, and fight celeration for Family-Owned Busi- estate shall be determined by deducting from the value of the gross estate the adjusted for the jobs in rural America. nesses and Farms Act’’—or ExTRA. value of the carryover business interests of In the wake of the House vote and Under ExTRA, an estate may volun- the decedent which are described in sub- the real lack of votes here in the Sen- tarily elect to exclude an unlimited section (b)(2). ate to pass a complete repeal bill, talk portion of family business assets from ‘‘(2) APPLICATION OF CARRYOVER BASIS of compromise has raised speculation the estate tax. The carryover basis RULES.—With respect to the adjusted value of higher exemptions and/or lower tax rules will apply to these business as- of the carryover business interests of the de- rates as an alternative to complete re- sets and no estate tax will be paid on cedent which are described in subsection peal. them. That is the same deal that repeal (b)(2), the rules of section 1023 shall apply. ‘‘(b) ESTATES TO WHICH SECTION APPLIES.— Quite frankly, I believe these compromises—but we do so immediately ‘‘(1) IN GENERAL.—This section shall apply promise approaches are incomplete so- and permanently—and at a fraction of to an estate if— lutions to the problems faced by fam- the cost. ‘‘(A) the decedent was (at the date of the ily-owned farms and businesses. Cer- My bill does not seek to change cur- decedent’s death) a citizen or resident of the tainly, I understand that a higher ex- rent law to repeal the estate tax. It United States,

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‘‘(B) the executor elects the application of ‘‘(2) LENDING AND FINANCE BUSINESS.—For ‘‘(A) described in section 2032A(e)(1), or this section under rules similar to the rules purposes of this section, any asset used in a ‘‘(B) an active employee of the trade or of paragraphs (1) and (3) of section 2032A(d) lending and finance business (as defined in business to which the carryover business in- and files the agreement referred to in subsection 6166(b)(10)(B)(ii)) shall be treated as terest relates if such employee has been em- section (e), and an asset which is used in carrying on a trade ployed by such trade or business for a period ‘‘(C) during the 8-year period ending on the or business. of at least 10 years before the date of the de- date of the decedent’s death there have been ‘‘(3) LIMITATION.—Such term shall not in- cedent’s death. periods aggregating 5 years or more during clude— ‘‘(2) MEMBER OF THE FAMILY.—The term which— ‘‘(A) any interest in a trade or business the ‘member of the family’ has the meaning ‘‘(i) the carryover business interests de- principal place of business of which is not lo- given to such term by section 2032A(e)(2). scribed in paragraph (2) were owned by the cated in the United States, ‘‘(3) APPLICABLE RULES.—Rules similar to decedent or a member of the decedent’s fam- ‘‘(B) any interest in an entity, if the stock the following rules shall apply: ily, and or debt of such entity or a controlled group ‘‘(A) Section 2032A(b)(4) (relating to dece- ‘‘(ii) there was material participation (as defined in section 267(f)(1)) of which such dents who are retired or disabled). (within the meaning of section 2032A(e)(6)) entity was a member was readily tradable on ‘‘(B) Section 2032A(e)(10) (relating to com- by the decedent, a member of the decedent’s an established securities market or sec- munity property). family, or a qualified heir in the operation of ondary market (as defined by the Secretary) ‘‘(C) Section 2032A(e)(14) (relating to treat- the business to which such interests relate. at any time, ment of replacement property acquired in ‘‘(2) INCLUDIBLE CARRYOVER BUSINESS IN- ‘‘(C) that portion of an interest in an enti- section 1031 or 1033 transactions). TERESTS.—The carryover business interests ty transferred by gift to such interest within ‘‘(D) Section 2032A(g) (relating to applica- described in this paragraph are the interests 3 years before the date of the decedent’s tion to interests in partnerships, corpora- which— death, and tions, and trusts). ‘‘(A) are included in determining the value ‘‘(D) that portion of an interest in an enti- ‘‘(4) SAFE HARBOR FOR ACTIVE ENTITIES HELD of the gross estate, ty which is attributable to cash or market- BY ENTITY CARRYING ON A TRADE OR BUSI- ‘‘(B) are acquired by any qualified heir able securities, or both, in any amount in ex- NESS.—For purposes of this section, if— from, or passed to any qualified heir from, cess of the reasonably anticipated business ‘‘(A) an entity carrying on a trade or busi- the decedent (within the meaning of section needs of such entity. ness owns 20 percent or more in value of the 2032A(e)(9)), and In any proceeding before the United States voting interests of another entity, or such ‘‘(C) are subject to the election under para- Tax Court involving a notice of deficiency other entity has 15 or fewer owners, and graph (1)(B). based in whole or in part on the allegation ‘‘(B) 80 percent or more of the value of the ‘‘(3) RULES REGARDING MATERIAL PARTICIPA- that cash or marketable securities, or both, assets of each such entity is attributable to TION.—For purposes of paragraph (1)(C)(ii)— are accumulated in an amount in excess of assets used in an active business operation, ‘‘(A) in the case a surviving spouse, mate- the reasonably anticipated business needs of then the requirements under subsections rial participation by such spouse may be sat- such entity, the burden of proof with respect (b)(1)(C)(ii) and (d)(3)(D) shall be met with re- isfied under rules similar to the rules under to such allegation shall be on the Secretary spect to an interest in such an entity.’’. section 2032A(b)(5), to the extent such cash or marketable secu- (b) CARRYOVER BASIS RULES FOR CARRY- ‘‘(B) in the case of a carryover business in- rities are less than 35 percent of the value of OVER BUSINESS INTERESTS.—Part II of sub- terest in an entity carrying on multiple the interest in such entity. chapter O of chapter 1 of the Internal Rev- trades or businesses, material participation ‘‘(4) RULES REGARDING OWNERSHIP.— enue Code of 1986 (relating to basis rules of in each trade or business is satisfied by ma- ‘‘(A) OWNERSHIP OF ENTITIES.—For purposes general application) is amended by inserting terial participation in the entity or in 1 or of paragraph (1)(B)— after section 1022 the following new section: more of the multiple trades or businesses, ‘‘(i) CORPORATIONS.—Ownership of a cor- ‘‘SEC. 1023. TREATMENT OF CARRYOVER BUSI- and poration shall be determined by the holding NESS INTERESTS. ‘‘(C) in the case of a lending and finance of stock possessing the appropriate percent- ‘‘(a) IN GENERAL.—Except as otherwise pro- business (as defined in section age of the total combined voting power of all vided in this section— 6166(b)(10)(B)(ii)), material participation is classes of stock entitled to vote and the ap- ‘‘(1) qualified property acquired from a de- satisfied under the rules under subclause (I) propriate percentage of the total value of cedent shall be treated for purposes of this or (II) of section 6166(b)(10)(B)(i). shares of all classes of stock. subtitle as transferred by gift, and ‘‘(c) ADJUSTED VALUE OF THE CARRYOVER ‘‘(ii) PARTNERSHIPS.—Ownership of a part- ‘‘(2) the basis of the person acquiring quali- BUSINESS INTERESTS.—For purposes of this nership shall be determined by the owning of fied property from such a decedent shall be section— the appropriate percentage of the capital in- the lesser of— terest in such partnership. ‘‘(1) IN GENERAL.—The adjusted value of ‘‘(A) the adjusted basis of the decedent, or any carryover business interest is the value ‘‘(B) OWNERSHIP OF TIERED ENTITIES.—For ‘‘(B) the fair market value of the property of such interest for purposes of this chapter purposes of this section, if by reason of hold- at the date of the decedent’s death. (determined without regard to this section), ing an interest in a trade or business, a dece- ‘‘(b) QUALIFIED PROPERTY.—For purposes of as adjusted under paragraph (2). dent, any member of the decedent’s family, this section, the term ‘qualified property’ any qualified heir, or any member of any means the carryover business interests of ‘‘(2) ADJUSTMENT FOR PREVIOUS TRANS- qualified heir’s family is treated as holding the decedent with respect to which an elec- FERS.—The Secretary may increase the value of any carryover business interest by that an interest in any other trade or business— tion is made under section 2059(b)(1)(B). ‘‘(c) PROPERTY ACQUIRED FROM THE DECE- portion of those assets transferred from such ‘‘(i) such ownership interest in the other DENT.—For purposes of this section, the fol- carryover business interest to the decedent’s trade or business shall be disregarded in de- lowing property shall be considered to have taxable estate within 3 years before the date termining if the ownership interest in the been acquired from the decedent: of the decedent’s death. first trade or business is a carryover business interest, and ‘‘(1) Property acquired by bequest, devise, ‘‘(d) CARRYOVER BUSINESS INTEREST.— ‘‘(ii) this section shall be applied sepa- or inheritance, or by the decedent’s estate ‘‘(1) IN GENERAL.—For purposes of this sec- from the decedent. tion, the term ‘carryover business interest’ rately in determining if such interest in any ‘‘(2) Property transferred by the decedent means— other trade or business is a carryover busi- during his lifetime— ‘‘(A) an interest as a proprietor in a trade ness interest. ‘‘(A) to a qualified revocable trust (as de- or business carried on as a proprietorship, or ‘‘(C) INDIVIDUAL OWNERSHIP RULES.—For fined in section 645(b)(1)), or ‘‘(B) an interest in an entity carrying on a purposes of this section, an interest owned, ‘‘(B) to any other trust with respect to trade or business, if— directly or indirectly, by or for an entity de- which the decedent reserved the right to ‘‘(i) at least— scribed in paragraph (1)(B) shall be consid- make any change in the enjoyment thereof ‘‘(I) 50 percent of such entity is owned (di- ered as being owned proportionately by or through the exercise of a power to alter, rectly or indirectly) by the decedent and for the entity’s shareholders, partners, or amend, or terminate the trust. members of the decedent’s family, beneficiaries. A person shall be treated as a ‘‘(3) Any other property passing from the ‘‘(II) 70 percent of such entity is so owned beneficiary of any trust only if such person decedent by reason of death to the extent by members of 2 families, or has a present interest in such trust. ‘‘(e) AGREEMENT.—The agreement referred that such property passed without consider- ‘‘(III) 90 percent of such entity is so owned to in this subsection is a written agreement ation. by members of 3 families, and signed by each person in being who has an ‘‘(d) COORDINATION WITH SECTION 691.—This ‘‘(ii) for purposes of subclause (II) or (III) of interest (whether or not in possession) in section shall not apply to property which clause (i), at least 30 percent of such entity any property designated in such agreement constitutes a right to receive an item of in- is so owned by the decedent and members of consenting to the application of this section come in respect of a decedent under section the decedent’s family. with respect to such property. 691. For purposes of the preceding sentence, a de- ‘‘(f) OTHER DEFINITIONS AND APPLICABLE ‘‘(e) CERTAIN LIABILITIES DISREGARDED.— cedent shall be treated as engaged in a trade RULES.—For purposes of this section— ‘‘(1) IN GENERAL.—In determining whether or business if any member of the decedent’s ‘‘(1) QUALIFIED HEIR.—The term ‘qualified gain is recognized on the acquisition of prop- family is engaged in such trade or business. heir’ means a United States citizen who is— erty—

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4425 ‘‘(A) from a decedent by a decedent’s estate organizations involved in patient aircraft liability insurance is no longer or any beneficiary other than a tax-exempt transport is to ensure that no finan- reasonably available to volunteer pilot beneficiary, and cially needy patient is denied access to organizations. Many insurance compa- ‘‘(B) from the decedent’s estate by any ben- distant specialized medical evaluation, eficiary other than a tax-exempt beneficiary, nies had always provided this type of and in determining the adjusted basis of such diagnosis or treatment for lack of a insurance but post September 11, 2001, property, liabilities in excess of basis shall means of long-distance medical air this insurance is scarcely found and if be disregarded. transportation. The principal goal is to found, the costs have increased greatly, ‘‘(2) TAX-EXEMPT BENEFICIARY.—For pur- remove the geographical and financial to the astronomical sums of $5 million poses of paragraph (1), the term ‘tax-exempt burdens that would deny access to spe- a year. Because of the exorbitant costs beneficiary’ means— cialized care. of insurance, volunteer pilot organiza- ‘‘(A) the United States, any State or polit- Last year public benefit flying non- tions have a difficult time recruiting ical subdivision thereof, any possession of profit volunteer pilot organizations and retaining pilots and professional the United States, any Indian tribal govern- provided long-distance, no-cost trans- ment (within the meaning of section 7871), or persons. any agency or instrumentality of any of the portation for over 40,000 patients and I would like to submit an editorial foregoing, their escorts in times of special need. written by the Virginian Pilot. This ‘‘(B) an organization (other than a coopera- Mr. President, this year, that figure editorial correctly identifies the obsta- tive described in section 521) which is exempt will likely grow to roughly 54,000 peo- cles that these volunteer pilot organi- from tax imposed by chapter 1, ple. zations have to go through. I would ‘‘(C) any foreign person or entity (within One such organization that has like that editorial inserted here. the meaning of section 168(h)(2)), and played an intricate part in this mission That is why I decided to introduce ‘‘(D) to the extent provided in regulations, is Angel Flight. Angel Flight is a not- any person to whom property is transferred the Volunteer Pilot Organization Pro- for-profit grassroots organization with tection Act. In 1997, Congress passed for the principal purpose of tax avoidance. a volunteer corps of more than 6,200 ‘‘(f) REGULATIONS.—The Secretary shall the Volunteer Protection Act, which prescribe such regulations as may be nec- volunteer pilots/plane owners—divided handled much of the liability issue for essary to carry out the purposes of this sec- into six regions across the United volunteer endeavors in the country; tion.’’. States—who fly under the banner of however, this legislation did not ade- (c) CLERICAL AMENDMENTS.— Angel Flight America. Angel Flight quately address aviation-related mat- (1) The table of sections for part IV of sub- provides flights of hope and healing by chapter A of chapter 11 of the Internal Rev- ters. transporting patients and their fami- My bill amends the highly regarded enue Code of 1986 is amended by inserting lies in private planes, free of charge, to after the item relating to section 2058 the Good Samaritan Act to provide nec- following new item: hospitals for medical treatment. essary liability protections in the area Following the terrorist attacks of ‘‘Sec. 2059. Carryover business exclusion.’’. of charitable medical air transpor- September 11, 2001, the Department of tation and promote volunteer pilot or- (2) The table of sections for part II of sub- Transportation and the FAA closed air- chapter O of chapter 1 of such Code is amend- ganizations. More specifically, this leg- ports and grounded commercial air ed by inserting after the item relating to islation will protect volunteer pilot or- traffic, but the FAA allowed Angel section 1022 the following new item: ganizations, their boards and small Flight volunteers to fly. Angel Flight ‘‘Sec. 1023. Treatment of carryover business paid staff and nonflying volunteers pilots flew firefighters, families of vic- interests.’’. from liability should there be an acci- tims of the bombings, Red Cross per- (d) EFFECTIVE DATES.—The amendments dent. The VPOs are simply the ‘‘match- sonnel, medical and other supplies in- made by this section shall apply to estates of makers’’ between the volunteer pilot decedents dying, and gifts made— cluding the protective booties for the willing to help a neighbor and the (1) after the date of the enactment of this Search and Rescue dogs to New York needy patient family. The pilot has full Act, and before January 1, 2010, and and Washington, DC. (2) after December 31, 2010. In my years of public service, I have and sole responsibility for conducting always maintained that we must pro- the flight in a safe manner in accord- By Mr. ALLEN (for himself, Mr. vide access to care to all Virginians ance with Federal Aviation Regula- CHAMBLISS, Mr. INHOFE, Mr. and Americans. Medical care should be tions. In addition, this legislation will COBURN, Mr. TALENT, Mr. COR- available to all individuals. Sadly, our provide liability protection for the in- NYN, and Mr. ISAKSON): dividual volunteer pilot over and above S. 929. A bill to provide liability pro- Nation is facing a medical crisis. Med- ical malpractice insurance costs and the liability insurance that they are tection to nonprofit volunteer pilot or- required to carry. ganizations flying for public benefit Medicare physician reimbursement are forcing many of our doctors to stop Furthermore, the Volunteer Pilot and to the pilots and staff of such orga- Protection Act will provide liability nizations; to the Committee on the Ju- seeing ‘‘high-risk’’ patients or Medi- care beneficiaries and in some cases protection for ‘‘referring agencies’’ who diciary. tell their patients that the charitable Mr. ALLEN. Mr. President, I rise in forcing our doctors to give up practice altogether and retire. As a result, pa- flight service is available. Referring support of legislation that I reintro- hospitals and clinics are becoming un- duced today with a number of my Sen- tients have to travel great distances to receive the medical care that they need willing to inform their patients that ate colleagues—the Volunteer Pilot Or- charitable medical air transportation ganization Protection Act of 2005. to live happy, healthy and productive help is available for fear of a liability The spirit of volunteerism is indeli- lives. Unfortunately, a number of these bly rooted in our Nation’s history. patients do not have the financial against them should something happen From when early settlers landed in means to travel long distances, thus, in a subsequent volunteer pilot flight. Jamestown in 1607 to when our citizen ultimately denying patients access to Hence, organizations like the Shriners soldiers took up arms against the Brit- life-saving or quality of life improving Hospital System and the American ish Crown in the Revolutionary War, specialized treatment. Cancer Society would be able to make volunteerism has always been a part of We can say the same with patients known available volunteer pilot serv- American culture. who rely on volunteer pilot organiza- ices to transport their patients to But that unwavering spirit did not tions such as Angel Flight or one of its Shriners or other hospitals where they stop there, it has continued and subsidiary groups like Mercy Medical receive care. thrived in many individuals and chari- Airlift in my home Commonwealth of I know a few people have concerns table organizations today. One such Virginia. Unfortunately, due to the that this bill would provide blanket group of organizations that has self- public’s apparent notion that organiza- immunity to Volunteer Pilot Organiza- lessly given back so much to Vir- tions that use airplanes are financially tions but I want to stress that my bill ginians and Americans are charitable well-off and have deep pockets, many requires insurance on the part of the medical transportation systems oper- of the volunteer pilot organizations are pilot and if there is negligence on be- ated by volunteer pilot organizations, open to frivolous and junk lawsuits. half of the pilot, the injured party does VPOs. This leads to an access to care issue. have legal recourse. This bill does not The mission and purpose of public Also, aviation insurance has sky- provide blanket immunity to VPOs, benefit and non-profit volunteer pilot rocketed up in price and non-owned but has been carefully worded to allow

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4426 CONGRESSIONAL RECORD — SENATE April 27, 2005 legal action to be brought against the known as the Volunteer Protection Act the risks of drugs for the tens of mil- insurance policy of the pilot in event of shields most people who give their time to lions of Americans who actually use negligence. worthy causes from frivolous suits, it doesn’t new drugs already available in the By providing volunteer pilots with li- cover volunteer pilots or flight organizers. marketplace. The FDA’s post-market Liability insurance costs for Angel Flight ability protection, insurance rates for and similar nonprofits have skyrocketed evaluation and research needs to be a these pilots will ultimately be reduced. from $1,000 to more than $25,000 annually. separate but equal partner with pre-ap- Therefore, more pilots will be able to This prohibitive price tag threatens the fu- proval evaluation. Indeed FDA’s post afford insurance and fly for the public ture of Angel Flight, which is funded solely marketing surveillance function can no good. With less-costly insurance avail- through donations. A spokeswoman for longer take a back seat within the able, I am confident that more pilots Angel Flight Mid-Atlantic, headquartered in agency. will generously give their time to fly Virginia Beach, said the burden will ulti- I have been pressing for necessary re- mately fall on sick and needy patients. And for and help the medically needy. with 600 volunteer pilots transporting an av- forms at the FDA—both administrative This bill enjoys the support of a num- erage of 100 medical cases a month, literally and legislative—and the focus of these ber of charitable organizations, includ- thousands of lives may be affected by this reforms center on a reorganization of ing the Children’s Organ Transplant oversight in the law. the FDA. The Food and Drug Adminis- Association, the National Organization Fortunately, lawmakers are paying atten- tration Safety Act of 2005 will establish for Rare Disorders, the Air Care Alli- tion. U.S. Rep. Ed Schrock recently intro- an independent Center within the ance, the Independent Charities of duced bipartisan legislation to add volun- FDA—the Center for Post-market Drug America, the Health and Medical Re- teer-pilot organizations to the ranks of those covered by the Volunteer Protection Act. Evaluation and Research (CPDER). The search Charities of America, the Na- U.S. Sen. George Allen is expected to intro- new Center’s primary mission, vision tional Association of Hospital Hospi- duce a similar measure in the Senate. Con- and values will focus on conducting tality Houses, and many others. gress should pass these bills, the sooner the risk assessment for approved drugs and Not only does this legislation enjoy better. Keeping Angel Flight aloft is lit- biological products once they are on the support of numerous charitable or- erally a life-and-death matter. the market. The Director of the Center ganizations, it also enjoyed the support will report directly to the FDA Com- of the United States House of Rep- By Mr. GRASSLEY (for himself missioner and will be responsible for resentatives. On September 14, 2004, the and Mr. DODD): monitoring and assessing the safety House of Representatives passed the S. 930. A bill to amend the Federal and efficacy of drugs and biological Volunteer Pilot Organization Protec- Food, Drug, and Cosmetic Act with re- products. spect to drug safety, and for other pur- tion Act of2004 by a vote of 385–12. Mr. Today’s legislation is focused on the poses; to the Committee on Health, President, this is a clear indication equal importance of pre-marketing Education, Labor, and Pensions. that this bill has broad bipartisan sup- evaluations by the Center for Drug Mr. GRASSLEY. Mr. President, port in the House and I know the House Evaluation and Research (CDER)—the today I introduce Senate Bill 930, the will once again pass this commonsense pre-market Center—and post-mar- Food and Drug Administration Safety legislation. keting evaluations by the newly estab- Act of 2005. I am pleased that Senator I am confident that this legislation lished post-market Center. Consulta- DODD is co-sponsoring another piece of will start a trend to help curb the large tion and coordination between pre- drug safety legislation with me. This amounts of counterproductive law- market and post-market Centers will legislation is part of a sustained effort suits, lower insurance costs, and probe essential, but their relationship will to restore public confidence in the Fed- mote the spirit of volunteerism that place them on equal footing with the eral Government’s food and drug safety has been rooted in the framework of other. The present Office of Drug Safe- agency. Enactment of this bill will be our country’s storied history. I, along ty will no longer be effectively under another meaningful step toward great- with the volunteer pilots and organiza- the thumb of the Office of New Drugs. er accountability and transparency at tions, and with the thousands of fami- We are hopeful that this reorganization the FDA. Importantly, this legislation lies who rely and may rely on the help of the FDA will go a long way toward provides the FDA with some much of volunteer pilot organizations, urge eliminating the conflict of interest needed authorities to ensure the safety the Senate to quickly and finally pass that shadows the FDA’s post-market and efficacy of drugs for the long haul. this legislation in the 109th Congress. risk assessment presently. I would like to thank Congress- The Food and Drug Administration cannot always serve the American peo- Today’s legislation will also: author- woman THELMA DRAKE, our newest ple and the interests of the drug indus- ize the Director to require manufactur- member to the Virginia team, for tak- ers to conduct post-market clinical or ing over this legislation for former try at the same time. These two interests are often at odds with each other. observational studies if there are ques- Congressman Ed Schrock and intro- tions about the safety or efficacy of a ducing the companion bill on the House When there is a conflict the American people should win out each and every drug or biological product. side. In addition, I would also like to Authorize the Director to determine thank the original cosponsors of this time. The Vioxx situation is a classic example of this inherent conflict. whether an approved drug or licensed legislation, Senators CHAMBLISS, American consumers demand and de- biological product may present an un- INHOFE, COBURN, TALENT, CORNYN, and serve assurances that the medicines in reasonable risk to the health of pa- ISAKSON for their support as we work to tients or the general public, given the pass this vitally necessary legislation. their cabinets are safe. The risks associated with a drug should be out- known benefits. [From the (Norfolk) Virginian-Pilot, weighed by its benefits, and this risk- Authorize the Director to take cor- Mar. 11, 2003] benefit analysis should not be nego- rective action if a drug or biological SHIELD HELPFUL PILOTS FROM FRIVOLOUS tiated by the industry behind closed product presents an unreasonable risk LAWSUITS doors. Unfortunately, reforms at the to patients or the general public—in- In the realm of volunteers, few outshine FDA are necessary to place drug safety cluding the authority to make changes the generous folks at Angel Flight. to the label or approved indication, This nonprofit organization flies patients front and center once and for all. for whom air transport would be otherwise When drugs go on the market, they place restrictions on product distribu- unaffordable to medical facilities around the are used by exponentially larger num- tion, require physician and consumer country. Private pilots spirit individuals to bers of people than were involved in education, and require the use of other dialysis, chemotherapy sessions, organ the pre-approval trials. What John Q. risk management tools. transplants and other surgeries by donating Public deserves and demands is for the Allow the Director to withdraw ap- their aircraft and their valuable time. The FDA to embrace a renewed mission to proval of a drug or biological product if goal is a noble one: to ensure that no one in pursue aggressively key safety ques- necessary to protect the public health. need is denied medical care for lack of long- distance transportation. tions that the industry would some- Require submission of advertising But in our lawsuit-happy society, even times prefer to ignore. The FDA must prior to dissemination, and certain ad- these warmhearted souls can’t escape the protect the health of the public by con- vertising disclosures related to risks possibility of landing in court. While a law sidering not only the benefits but also and benefits to patients, if one or more

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4427 of the three following conditions is These concerns are bad for patients, reasonable risk exists; the authority to met: the Director has determined that bad for physicians, and bad for the drug review drug advertisements before they the product may present an unreason- industry. are disseminated, and to require cer- able risk to patients, the product is the Like many Americans, I have been tain disclosures about increased risk; subject of an outstanding post-market deeply disturbed by the revelations of and in extreme cases, the authority to study requirement, or the product was significant risk associated with widely pull the product off the market. approved within the last two years. used medications to treat pain and de- These new authorities will allow the Establish strong enforcement mecha- pression. These revelations raise real FDA to act quickly to get answers nisms, including civil monetary pen- and legitimate questions about the when there are questions about the alties, for those who fail to comply. safety of drugs that have already been safety of a drug, and to act decisively Ensure that the Director benefits approved. It would be one thing if these to mitigate the risks when the evi- from all appropriate resources, includ- drugs were in a trial phase, but safety dence shows that a drug presents a ing but not limited to consultation issues are being identified in drugs that safety issue. With these authorities, we with the Center for Drug Evaluation are already on the market and widely will never again have a situation where and Research (CDER) or the Center for used. Health risks significant enough a critical labeling change takes two Biologics Evaluation and Research to remove drugs from the market or years to complete, as was the case with (CBER), and makes all decisions based significantly restrict their use are be- Vioxx. When we are talking about on a risk-benefit analysis. coming clear only after millions of drugs that are already on the market Ensure that all findings and decisions Americans have been exposed to real or and in widespread use, any delay can made by CPDER are transparent. potential harm. put millions of patients in harm’s way. Require a report and recommenda- It has been estimated that more than Third and lastly, this legislation will tions to Congress on post-market sur- 100,000 Americans might have been se- authorize the appropriation of $500 mil- veillance of medical devices. riously injured or killed by a popular lion over the next 5 years to provide Authorize graduated appropriations pain medication, while millions of chil- the new center with the resources to totaling $500 million over five years to dren have been prescribed carry out the provisions of this legisla- ensure that CPDER has the resources antidepressants that could put them at tion. to accomplish its goals. risk. This recent spate of popular medi- I would like to thank several groups Today’s legislation is another impor- cines being identified as unsafe under- that have endorsed this bill, and that tant step toward reforming the FDA. I scores the need to take additional steps were instrumental in its drafting, in- urge my colleagues to join me in this to monitor and protect safety after a cluding Consumer’s Union, the Eliza- effort by cosponsoring this important drug has been approved. beth Glaser Pediatric AIDS Founda- legislation. The legislation that Senator GRASS- tion, the National Organization for Mr. DODD. Mr. President, I rise LEY and I are introducing today will do Rare Disorders (NORD), the National today to join Senator GRASSLEY in an- three things to restore confidence in Women’s Health Network (NWHN), the nouncing the introduction of the Food the words ‘‘FDA Approved,’’ and ensure U.S. Public Interest Research Group and Drug Administration Safety Act of that the FDA has all the tools that it (PIRG), the Consumer Federation of 2005 (FDASA). I would like to thank needs to protect patients. First and America, and the Center for Medical Senator GRASSLEY for his commitment foremost, it will establish within the Consumers. to this issue and his willingness to FDA a new center—the Center for I look forward to working with all of work on this important legislation in a Postmarket Drug Evaluation and Re- my colleagues, including Senator ENZI bipartisan manner. Senator GRASSLEY search (CPDER)—which will report di- and Senator KENNEDY on the HELP and I have spent the past several rectly to the FDA Commissioner and Committee, to see this legislation en- months crafting this legislation, which be responsible for ensuring the safety acted as soon as possible. By strength- will create a new center within the and effectiveness of drugs and biologi- ening the ability of the FDA to ensure FDA that will be responsible for ensur- cal products once they are on the mar- the safety of prescription drugs once ing that prescription drugs are safe ket. they are on the market, this legisla- once they are on the market. I strongly believe that the creation tion will allow physicians to prescribe, Our hope is that the creation of this of such a new, independent center is and patients to use, prescription drugs new center will restore confidence in necessary. There have been disturbing without wondering if the medicines in- the medicines that so many Americans reports that suggest that the FDA does tended to help them will hurt them in- rely on to safeguard their health and not place enough emphasis on drug stead. It will help ensure that the term well-being. Patients should be able to safety, and that concerns raised by ‘‘FDA-Approved’’ will remain the gold rest-assured that the drugs they take those in the Office of Drug Safety standard for safety and quality. to help them will not hurt them in- (ODS) are sometimes ignored and even stead. suppressed. An internal study con- By Mr. BURNS: The American pharmaceutical indus- ducted by the HHS Office of the Inspec- S. 931. A bill to reduce temporarily try is a true success story. Their in- tor General in 2002 revealed that ap- the duty on certain articles of natural credible innovations over the last few proximately one-fifth of drug reviewers cork; to the Committee on Finance. decades have saved and improved mil- had been pressured to approve a drug Mr. BURNS. Mr. President, today I lions of lives, and made prescription despite concerns about safety, efficacy, am introducing legislation to address drugs an integral part of quality health or quality. In addition, more than one- the difference between the import tar- care. I am proud to say that Con- third said they were ‘‘not at all’’ or iff placed on unfinished cork and re- necticut is home to a number of lead- only ‘‘somewhat’’ confident that final fined cork. Unfinished cork has a high- ing pharmaceutical companies. There decisions of the Center for Drug Eval- er import tariff than already-refined is very little question that the Amer- uation and Research (CDER) ade- cork—this problem is in need of a reso- ican drug industry is the world leader. quately assessed safety. The creation lution. This is due, in no small part, to the of a new center will raise the profile of Unfinished cork is the principal ele- FDA. Throughout the world, the FDA drug safety within the agency. ment of a fishing pole’s grip and must seal of approval—the words ‘‘FDA Ap- Second, our bill will provide the Di- be imported as it is not available do- proved’’—has stood as the gold stand- rector of CPDER with significant new mestically. Many fishing rod compa- ard for safety and quality. authorities, including: the authority to nies reside in Montana, such as the Unfortunately, events of the past require drug companies to conduct R.L. Winston Rod Company of Twin year have put patients at risk and have postmarket studies of their products if Bridges. I am aware that fishing rod seriously tarnished the FDA’s image. there are questions about safety or ef- manufacturers, particularly fly-fishing Recent developments have cast into fectiveness; the authority to take cor- rod manufacturers, are under pressure doubt the FDA’s ability to ensure that rective actions, such as labeling to increase the price of their equip- the drugs that it approves are safe—es- changes, restricted distribution, and ment because of prohibitively high tar- pecially once they are on the market. other risk management tools, if an un- iff on the import of unfinished cork.

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4428 CONGRESSIONAL RECORD — SENATE April 27, 2005 While the tariff on already-finished be able to finish fly rods here, leading I ask unanimous consent that the cork is 6 percent, unfinished cork is to an increasingly competitive place in text of the bill be printed in the subject to a 14 percent tariff. It just the market for American goods. With RECORD. does not make good sense to charge a this change Montana’s small businesses There being no objection, the bill was significantly higher levy on an unfin- will benefit as will our overall econ- ordered to be printed in the RECORD, as ished product that is imported and omy in the state. follows: then handcrafted by American work- I am pleased that some of my col- S. 931 ers. leagues in the House have decided to This inconsistency must end by lev- assist in this effort. I truly appreciate Be it enacted by the Senate and House of Rep- resentatives of the United States of America in eling the difference between the two the work of Representative SIMMONS of Congress assembled, tariffs. The reduction will enable Connecticut, who is leading this legis- SECTION 1. CERTAIN ARTICLES OF NATURAL American workers to continue manu- lation in the House. He has already CORK. facturing custom-made fishing rod signed on 17 co-sponsors to this legisla- (a) IN GENERAL.—Subchapter II of chapter grips, keep the price of all fishing poles tion at last count. His assistance has 99 of the Harmonized Tariff Schedule of the down, and bring a measure of common been invaluable, and I look forward to United States is amended by inserting in nu- sense to this portion of our tariff law. working with him as this legislation merical sequence the following new heading: Once resolved, domestic businesses will moves forward.

‘‘ 9902.45.03 Articles of natural cork (provided for in subheading 4503.90.60) .. 6% No change No change On or before 12/31/2008 ’’. (b) EFFECTIVE DATE.—The amendment their family members. This proposal the following resolution which was made by subsection (a) applies with respect covers workers at all businesses, except considered and agreed to: to goods entered, or withdrawn from ware- small businesses with fewer than 15 S. RES. 126 house for consumption, on or after the 15th employees. day after the date of the enactment of this This is a family issue. When my son Whereas on January 30, 1919, Fred Act. Toyosaburo Korematsu was born in Oakland, was diagnosed with cancer in his leg as California, to Japanese immigrants; By Mr. KENNEDY (for himself, a child, and had to undergo surgery, I Whereas Fred Korematsu graduated from Mr. DURBIN, Ms. MIKULSKI, Mrs. was able to take the time I needed to Oakland High School and tried on 2 occa- MURRAY, Mr. HARKIN, Mr. DODD, be there for him. But year after year, sions to enlist in the United States Army but Mr. LAUTENBERG, Mr. CORZINE, countless employees have to choose be- was not accepted due to a physical disability; Mr. AKAKA, Mrs. BOXER, Mr. tween the job they need and the family they love. Families deserve the flexi- Whereas on December 7, 1941, Japan at- FEINGOLD, Mr. SCHUMER, and tacked the United States military base at Mr. DAYTON): bility to care for each other when they get sick. Pearl Harbor, Hawaii, forcing the United S. 932. A bill to provide for paid sick States to enter World War II against Japan, leave to ensure that Americans can ad- It’s an economic issue. Paid sick days Germany, and Italy; dress their own health needs and the actually save businesses money Whereas on February 19, 1942, President health needs of their families; to the through reduced turnover and in- Franklin D. Roosevelt signed Executive Committee on Health, Education, creased productivity. A recent study by Order number 9066 (42 Fed. Reg. 1563) as ‘‘pro- Labor, and Pensions. Cornell University examined the prob- tection against espionage and against sabo- lem of employees coming to work de- tage to national defense’’, which authorized Mr. KENNEDY. Mr. President, the the designation of ‘‘military areas . . . from ability of American families to live the spite medical problems. They found it costs business $180 billion annually in which any or all persons may be excluded, American dream is becoming harder and with respect to which, the right of any and harder. With each passing month, lost productivity. person to enter, remain in, or leave shall be It’s also a public health issue. Too it’s more difficult for families to earn a subject to whatever restriction the . . . Mili- living—to pay the mortgage and the often, employees come to work sick tary Commander may impose in his discre- doctor bills, and send their sons and and co-workers and many others can tion’’; daughters to college. easily be infected. Recently, a court Whereas the United States Army issued Ci- In the Bush economy, families are ruled that because of the lack of paid vilian Exclusion Order Number 34, directing sick leave, a stomach virus in one that after May 9, 1942, all persons of Japa- worried about their job security, their nese ancestry were to be removed from des- income, and the cost of living. They’re worker infected 600 guests and 300 employees at the Reno Hilton Hotel in Ne- ignated areas of the West Coast because they working longer and harder and finding were considered to be a security threat; it more and more difficult to balance vada. Whereas in response to that Civilian Exclu- Paid sick days will help prevent the their work and their family respon- sion Order, Fred Korematsu’s family re- spread of illnesses like that. Taking sibilities. ported to Tanforan, a former racetrack in time off to treat illnesses and injuries Most Americans assume that paid the San Francisco area that was used as 1 of will save health costs in the long run. sick days are a right. They’re not. Half 15 temporary detention centers, before being It will make an important difference sent to an internment camp in Topaz, Utah; of all American workers are not guar- for insurers, for hospitals, and for the Whereas more than 120,000 Japanese Amer- anteed the right to time off when health of millions of Americans. icans were similarly detained in 10 perma- they’re ill, without losing their pay, or It’s long past time to provide paid nent War Relocation Authority camps lo- even their job. cated in isolated desert areas of the States of sick days for workers. This bill is a In 1993, Congress and the administra- Arizona, Arkansas, California, Colorado, first step to guarantee that every tion guaranteed unpaid leave for mil- Idaho, Utah, and Wyoming, without any worker who needs sick leave has it and lions of working men and women to charges brought or due process accorded; can afford to take it. deal with serious medical problems. Whereas Fred Korematsu, then 22 years old It’s time to build on this success, and f and working as a shipyard welder in Oak- land, California, refused to join his family in ensure that millions of workers can SUBMITTED RESOLUTIONS reporting to Tanforan, based on his belief also take time off when they need an that he was a loyal American and not a secu- annual check-up, when their children rity threat; are sick with a cold, and when their SENATE RESOLUTION 126—HON- Whereas on May 30, 1942, Fred Korematsu ailing elderly parents need to be taken ORING FRED T. KOREMATSU FOR was arrested and jailed for remaining in a to the doctor. HIS LOYALTY AND PATRIOTISM military area, tried in United States district Hard-working men and women de- TO THE UNITED STATES AND court, found guilty of violating Civilian Ex- serve better. That’s why Congress- EXPRESSING CONDOLENCES TO clusion Order Number 34, and sentenced to 5 years of probation; woman DELAURO and I are introducing HIS FAMILY, FRIENDS, AND SUP- PORTERS ON HIS DEATH Whereas Fred Korematsu unsuccessfully legislation to guarantee workers 7 days challenged that Civilian Exclusion Order as of paid sick leave a year to care for Mr. DURBIN (for himself, Mr. it applied to him, and appealed the decision their own medical needs and those of INOUYE, and Mr. STEVENS) submitted of the district court to the United States

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4429 Court of Appeals for the 9th Circuit, where Whereas on January 15, 1998, President through facilities financing assistance and his conviction was sustained; Clinton awarded the Medal of Freedom, the grants for planning, startup, implementa- Whereas Fred Korematsu was subsequently highest civilian award of the United States, tion, and dissemination; confined with his family in the internment to Fred Korematsu, stating, ‘‘In the long his- Whereas charter schools improve their stu- camp in Topaz for 2 years, and during that tory of our country’s constant search for jus- dents’ achievement and stimulate improve- time, he appealed his conviction to the tice, some names of ordinary citizens stand ment in traditional public schools; United States Supreme Court; for millions of souls: Plessy, Brown, Parks. Whereas charter schools must meet the Whereas on December 18, 1944, the Supreme To that distinguished list, today we add the student achievement accountability require- Court issued its decision in Korematsu v. name of Fred Korematsu.’’; ments under the Elementary and Secondary United States, 323 U.S. 214, which upheld Whereas Fred Korematsu remained a tire- Education Act of 1965 in the same manner as Fred Korematsu’s conviction by a vote of 6- less advocate for civil liberties and justice traditional public schools, and often set to-3, based on the finding of the Supreme throughout his life, particularly speaking higher and additional individual goals to en- Court that Fred Korematsu was not removed out against racial discrimination and vio- sure that they are of high quality and truly from his home ‘‘because of hostility to him lence targeting Arab, Muslim, South Asian, accountable to the public; or his race’’ but because the United States and Sikh Americans in the wake of the Sep- Whereas charter schools give parents new was at war with Japan and the United States tember 11, 2001, tragedy, and cautioning the freedom to choose their public school, rou- military ‘‘feared an invasion of our West Federal Government against repeating mis- tinely measure parental satisfaction levels, Coast’’; takes of the past by singling out individuals and must prove their ongoing success to par- Whereas Fred Korematsu continued to for heightened scrutiny on the basis of race, ents, policymakers, and their communities; maintain his innocence for decades following ethnicity, or religion; Whereas nearly 40 percent of charter World War II; Whereas on March 30, 2005, Fred Korematsu schools report having a waiting list, and the Whereas, under section 552 of title 5, died at the age of 86 in Larkspur, California; total number of students on all such waiting United States Code (commonly known as the and lists is enough to fill over 1,000 average-sized ‘‘Freedom of Information Act’’), an historian Whereas Fred Korematsu was a role model charter schools; discovered numerous government documents for all Americans who love the United States Whereas charter schools nationwide serve indicating that, at the time Korematsu v. and the promises contained in the Constitu- a higher percentage of low-income and mi- United States, 323 U.S. 214, was decided, the tion, and his strength and perseverance serve nority students than the traditional public Federal Government suppressed findings as an inspiration for all people striving for system; that Japanese Americans on the West Coast equality and justice: Now, therefore, be it Whereas charter schools have enjoyed were not security threats; Resolved, That the Senate— broad bipartisan support from the Adminis- Whereas in light of this newly discovered (1) honors Fred T. Korematsu for his loy- tration, Congress, State Governors and legis- information, Fred Korematsu filed a writ of alty and patriotism to the United States, his latures, educators, and parents across the error coram nobis with the United States work to advocate for the civil rights and United States; and District Court for the Northern District of civil liberties of all Americans, and his dedi- Whereas the sixth annual National Charter California; cation to justice and equality; and Schools Week, to be held May 1 through 7, Whereas on November 10, 1983, United (2) expresses its deepest condolences to his 2005, is an event sponsored by charter schools States District Judge Marilyn Hall Patel family, friends, and supporters on his death. and grassroots charter school organizations overturned Fred Korematsu’s conviction, f across the United States to recognize the significant impacts, achievements, and inno- concluding that senior government officials SENATE RESOLUTION 127—CON- knew there was no factual basis for the vations of charter schools: Now, therefore, be claim of ‘‘military necessity’’ when they pre- GRATULATING CHARTER it sented their case before the Supreme Court SCHOOLS AND THEIR STUDENTS, Resolved, That— in 1944; PARENTS, TEACHERS, AND AD- (1) the Senate acknowledges and com- Whereas in that decision, Judge Patel stat- MINISTRATORS ACROSS THE mends charter schools and their students, ed that, while Korematsu v. United States UNITED STATES FOR THEIR ON- parents, teachers, and administrators across ‘‘remains on the pages of our legal and polit- GOING CONTRIBUTIONS TO EDU- the United States for their ongoing contribu- ical history . . . [as] historical precedent it tions to education and improving and CATION, AND FOR OTHER PUR- strengthening our public school system; stands as a constant caution that in times of POSES war or declared military necessity our insti- (2) the Senate supports the sixth annual tutions must be vigilant in protecting con- Mr. GREGG (for himself, Mr. LIEBER- National Charter Schools Week; and stitutional guarantees’’; MAN, Mr. FRIST, Ms. LANDRIEU, Mr. (3) it is the sense of the Senate that the Whereas the Commission on Wartime Relo- SUNUNU, Mr. ALEXANDER, Mr. DEMINT, President should issue a proclamation calling on the people of the United States to cation and Internment of Civilians, author- Mrs. DOLE, Mr. VITTER, Mr. BURR, and ized by Congress in 1980 to review the facts conduct appropriate programs, ceremonies, Mr. ALLARD) submitted the following and activities to demonstrate support for and circumstances surrounding the reloca- resolution; which was considered and tion and internment of Japanese Americans charter schools during this weeklong cele- under Executive Order Number 9066 (42 Fed. agreed to: bration in communities throughout the Reg. 1563), concluded that ‘‘today the deci- S. RES. 127 United States. sion in Korematsu lies overruled in the court Whereas charter schools deliver high-qual- f of history’’; ity education and challenge our students to Whereas the Commission on Wartime Relo- reach their potential; AMENDMENTS SUBMITTED AND cation and Internment of Civilians concluded Whereas charter schools provide thousands PROPOSED that a ‘‘grave personal injustice was done to of families with diverse and innovative edu- the American citizens and resident aliens of cational options for their children; SA 582. Mr. TALENT proposed an amend- Japanese ancestry who, without individual Whereas charter schools are public schools ment to amendment SA 567 proposed by Mr. review or any probative evidence against authorized by a designated public entity that INHOFE to the bill H.R. 3, Reserved. them were excluded, removed and detained are responding to the needs of our commu- SA 583. Mr. LOTT submitted an amend- by the United States during World War II’’, nities, families, and students and promoting ment intended to be proposed by him to the and that those acts were ‘‘motivated largely the principles of quality, choice, and innova- bill H.R. 3, supra; which was ordered to lie on by racial prejudice, wartime hysteria, and a tion; the table. failure of political leadership’’; Whereas in exchange for the flexibility and SA 584. Ms. COLLINS (for herself and Ms. Whereas the overturning of Fred autonomy given to charter schools, they are SNOWE) submitted an amendment intended Korematsu’s conviction and the findings of held accountable by their sponsors for im- to be proposed by her to the bill H.R. 3, Commission on Wartime Relocation and In- proving student achievement and for their fi- supra; which was ordered to lie on the table. ternment of Civilians influenced the decision nancial and other operations; SA 585. Mr. SPECTER submitted an by Congress to pass the Civil Liberties Act of Whereas 41 States, the District of Colum- amendment intended to be proposed by him 1988 (50 U.S.C. App. 1989b et seq.) to request bia, and the Commonwealth of Puerto Rico to the bill H.R. 3, supra; which was ordered a Presidential apology and symbolic pay- have passed laws authorizing charter to lie on the table. ment of compensation to persons of Japanese schools; SA 586. Mr. KOHL submitted an amend- ancestry who lost liberty or property be- Whereas nearly 3,300 charter schools are ment intended to be proposed by him to the cause of discriminatory action by the Fed- now operating in 40 States, the District of bill H.R. 3, supra; which was ordered to lie on eral Government; Columbia, and the Commonwealth of Puerto the table. Whereas on August 10, 1988, President Rico and serving approximately 900,000 stu- SA 587. Mr. LEVIN (for himself and Ms. Reagan signed that Act into law, stating, dents; STABENOW) submitted an amendment in- ‘‘[H]ere we admit a wrong; here we reaffirm Whereas over the last 10 years, Congress tended to be proposed by him to the bill H.R. our commitment as a nation to equal justice has provided more than $1,500,000,000 in sup- 3, supra; which was ordered to lie on the under the law’’; port to the charter school movement table.

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4430 CONGRESSIONAL RECORD — SENATE April 27, 2005 SA 588. Mr. VOINOVICH (for himself and through the States of New York, Vermont, ment intended to be proposed by him Mr. LEVIN) submitted an amendment in- New Hampshire, and Maine, and terminating to the bill H.R. 3, Reserved; which was tended to be proposed by him to the bill H.R. in Calais, Maine.’’. ordered to lie on the table; as follows: 3, supra; which was ordered to lie on the table. SA 585. Mr. SPECTER submitted an On page 216, after the matter preceding SA 589. Mr. BINGAMAN (for himself, Mr. amendment intended to be proposed by line 1, insert the following: BENNETT, and Mr. KYL) submitted an amend- SEC. 1524. SOUTHWEST PASSAGE INITIATIVE FOR him to the bill H.R. 3, Reserved; which REGIONAL AND INTERSTATE TRANS- ment intended to be proposed by him to the was ordered to lie on the table; as fol- bill H.R. 3, supra; which was ordered to lie on PORTATION. the table. lows: Section 1105(c) of the Intermodal Surface SA 590. Mr. BINGAMAN (for himself and At the end of section 1808, add the fol- Transportation Efficiency Act of 1991 (105 Mr. ROBERTS) submitted an amendment in- lowing: Stat. 2032) is amended by adding at the end tended to be proposed by him to the bill H.R. (c) DESIGNATION OF ADDITION TO THE APPA- the following: 3, supra; which was ordered to lie on the LACHIAN DEVELOPMENT HIGHWAY SYSTEM.— ‘‘(46) The corridor extending from the point table. Section 14501(b) of title 40, United States on the border between the United States and Code, is amended by adding at the end the Mexico at El Paso, Texas, where United f following: States Route 54 begins, along United States TEXT OF AMENDMENTS ‘‘(3) DESIGNATION.— Route 54 through the States of Texas, New Mexico, Oklahoma, and Kansas, and ending Mr. TALENT proposed an ‘‘(A) IN GENERAL.—There is designated as SA 582. an addition to the Appalachian development in Wichita, Kansas, to be known as the amendment to amendment SA 567 pro- highway system the portion of United States ‘Southwest Passage Initiative for Regional posed by Mr. INHOFE to the bill H.R. 3, Route 219 that— and Interstate Transportation Corridor’ or Reserved; as followed: ‘SPIRIT Corridor’.’’. At the appropriate place, insert the fol- SA 586. Mr. KOHL submitted an lowing: amendment intended to be proposed by f SEC. ll. FIRST RESPONDER VEHICLE SAFETY him to the bill H.R. 3, Reserved; which PROGRAM. was ordered to lie on the table; as fol- NOTICES OF HEARING/MEETINGS (a) IN GENERAL.—Not later than one year lows: after the date of enactment of this Act, the ENERGY AND NATURAL RESOURCES COMMITTEE Section 105(b)(1)(B) of title 23, United Secretary of Transportation, in consultation Mr. DOMENICI. Mr. President, I with the Administrator, National Highway States Code (as amended by section 1104(a)) is amended by inserting after ‘‘that decen- would like to announce for the infor- Traffic Safety Administration, shall— mation of the Senate and the public (1) develop and implement a comprehensive nial census,’’ in the second place it appears program to promote compliance with State the following: ‘‘an indexed State motor fuel that a hearing has been scheduled be- and local laws intended to increase the safe excise tax rate for gasoline that is greater fore the Committee on Energy and Nat- and efficient operation of first responder ve- than 150 percent of the Federal motor fuel ural Resources on Wednesday, May 11, hicles; excise tax rate for gasoline under section at 10 a.m. in Room SD–366 of the Dirk- (2) compile a list of best practices by State 4081 of the Internal Revenue Code of 1986,’’. sen Senate Office Building in Wash- and local governments to promote compli- ington, DC. ance with the laws described in paragraph SA 587. Mr. LEVIN (for himself and Ms. STABENOW) submitted an amend- The purpose of the hearing is to re- (1); ceive testimony on S. 895, a bill to di- (3) analyze State and local laws intended ment intended to be proposed by him to increase the safe and efficient operation to the bill H.R. 3, Reserved; which was rect the Secretary of the Interior to es- of first responder vehicles; and ordered to lie on the table; as follows: tablish a rural water supply program in the Reclamation States to provide a (4) develop model legislation to increase Strike section 1701(b) and insert the fol- the safe and efficient operation of first re- lowing: clean, safe, affordable, and reliable sponder vehicles. (b) CONGESTION MITIGATION AND AIR QUAL- water supply to rural residents. (b) PARTNERSHIPS.—The Secretary may ITY IMPROVEMENT PROGRAM ELIGIBILITY.— For further information please con- enter into partnerships with qualified orga- Section 149(b) of title 23, United States Code, tact Nate Gentry at 202–224–2179 or nizations to carry out this section. is amended by striking paragraph (5) and in- David Marks at 202–228–6195. (c) PUBLIC OUTREACH.—The Secretary shall serting the following: use a variety of public outreach strategies to ‘‘(5) if the program or project improves carry out this section, including public serv- f traffic flow, including projects to improve ice announcements, publication of informa- signalization, construct high occupancy ve- tional materials, and posting information on hicle lanes, improve intersections, improve AUTHORITY FOR COMMITTEES TO the Internet. transportation systems management and op- MEET (d) AUTHORIZATION OF APPROPRIATIONS.— erations, and implement, operate, and main- There are authorized to be appropriated such COMMITTEE ON AGRICULTURE, NUTRITION, AND tain intelligent transportation system strat- sums as may be necessary for fiscal year 2006 FORESTRY egies and such other projects that are eligi- to carry out the provisions of this section. ble for assistance under this section on the Mr. HATCH. Mr. President, I ask day before the date of enactment of this unanimous consent that the Com- SA 583. Mr. LOTT submitted an paragraph.’’. mittee on Agriculture, Nutrition, and amendment intended to be proposed by Forestry be authorized to conduct a him to the bill H.R. 3, Reserved; which SA 588. Mr. VOINOVICH (for himself hearing during the session of the Sen- was ordered to lie on the table; as fol- and Mr. LEVIN) submitted an amend- ate on Wednesday, April 27, 2005 at 10:30 lows: ment intended to be proposed by him a.m. The purpose of this hearing will be In section 178(c) of title 23, United States to the bill H.R. 3, Reserved; which was to consider the nomination of Thomas Code (as added by section 1824(a)), strike ordered to lie on the table; as follows: ‘‘and transit’’. Dorr to be Under Secretary of Agri- On page 551, strike lines 14 and 15 and in- culture for Rural Development and to SA 584. Ms. COLLINS (for herself and sert the following: be a member of the Board of Directors ‘‘(B) coal combustion fly ash; Ms. SNOWE) submitted an amendment of the Commodity Credit Corporation. ‘‘(C) blast furnace slag aggregate; and The PRESIDING OFFICER. Without intended to be proposed by her to the ‘‘(D) any other waste material or byprod- bill H.R. 3, Reserved; which was or- objection, it is so ordered. dered to lie on the table; as follows: SA 589. Mr. BINGAMAN (for himself, COMMITTEE ON HEALTH, EDUCATION, LABOR, At the end of subtitle H of title I, add the Mr. BENNETT, and Mr. KYL) submitted AND PENSIONS following: an amendment intended to be proposed Mr. HATCH. Mr. President, I ask SEC. ll. DESIGNATION OF HIGH PRIORITY COR- by him to the bill H.R. 3, Reserved; unanimous consent that the Com- RIDOR IN NEW YORK, VERMONT, which was ordered to lie on the table; mittee on Health, Education, Labor, NEW HAMPSHIRE, AND MAINE. as follows: and Pensions be authorized to meet in Section 1105(c) of the Intermodal Surface executive session during the session of Transportation Efficiency Act of 1991 (105 On page 405, line 13, strike ‘‘$1,607,547’’ and Stat. 2031; 112 Stat. 191; 115 Stat. 871) is insert ‘‘$1,800,000’’. the Senate on Wednesday, April 27, amended by adding at the end the following: 2005, at 10 a.m. in SD–430. ‘‘(46) The East-West Corridor, from Water- SA 590. Mr. BINGAMAN (for himself The PRESIDING OFFICER. Without town, New York, continuing northeast and Mr. ROBERTS) submitted an amend- objection, it is so ordered.

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4431 COMMITTEE ON HOMELAND SECURITY AND ate proceed to executive session for the Lamar Alexander, Johnny Isakson, GOVERNMENTAL AFFAIRS consideration of Executive Calendar C.S. Bond, Michael B. Enzi, Mike Mr. HATCH. Mr. President, I ask No. 74. DeWine, John Ensign, Ted Stevens. unanimous consent that the Com- The PRESIDING OFFICER. Without Mr. MCCONNELL. Mr. President, I mittee on Homeland Security and Gov- objection, it is so ordered. ask unanimous consent that the live ernmental Affairs be authorized to The clerk will report. quorums with respect to both cloture meet on Wednesday, April 27, 2005, at 10 The assistant legislative clerk read votes be waived and the Senate resume a.m. for a hearing titled ‘‘Chemical At- the nomination of Robert J. Portman, legislative session. tack on America: How Vulnerable Are of Ohio, to be United States Trade Rep- The PRESIDING OFFICER. Without We?’’ resentative. objection, it is so ordered. The PRESIDING OFFICER. Without CLOTURE MOTION objection, it is so ordered. f Mr. MCCONNELL. Mr. President, I COMMITTEE ON INDIAN AFFAIRS understand we cannot get a time agree- LEGISLATIVE SESSION Mr. HATCH. Mr. President, I ask ment on this nomination due to an ob- The PRESIDING OFFICER. The Sen- unanimous consent that the Com- jection on the other side. Therefore, I ate will now resume legislative session. mittee on Indian Affairs be authorized send a cloture motion to the desk. to meet on Wednesday, April 27, 2005, The PRESIDING OFFICER. The clo- f at 9:30 a.m. in Room 485 of the Russell ture motion having been presented VERMONT DAIRY FESTIVAL Senate Office Building to conduct an under rule XXII, the Chair directs the oversight hearing on Regulation of In- clerk to report the motion. Mr. MCCONNELL. Mr. President, I dian Gaming. The assistant legislative clerk read ask unanimous consent that it be in The PRESIDING OFFICER. Without as follows: order for the Agriculture Committee to objection, it is so ordered. be discharged from further consider- CLOTURE MOTION COMMITTEE ON THE JUDICIARY ation of S. Res. 118, and that the Sen- We the undersigned Senators, in accord- ate then proceed to its immediate con- Mr. HATCH. Mr. President, I ask ance with the provisions of rule XXII of the unanimous consent that the Com- Standing Rules of the Senate, do hereby sideration. mittee on the Judiciary be authorized move to bring to a close debate on Executive The PRESIDING OFFICER. Without to meet to conduct a hearing on ‘‘Exec- Calendar No. 74, the nomination of Robert J. objection, it is so ordered. The clerk utive Nominations’’ on Wednesday, Portman, of Ohio, to be United States Trade will report the resolution by title. April 27, 2005 at 9:30 a.m. in Dirksen Representative, with the rank of Ambas- The assistant legislative clerk read Senate Office Building Room 226. sador Extraordinary and Plenipotentiary. as follows: Bill Frist, Chuck Grassley, Sam Brown- A resolution (S. Res. 118) recognizing June back, Kay Bailey Hutchison, David Vit- Witness List: 2 through June 5, 2005, as the ‘‘Vermont ter, Orrin Hatch, Elizabeth Dole, Lisa Panel I: Senators. Dairy Festival,’’ in honor of Harold Murkowski, Bob Bennett, John Cornyn, Panel II: Paul D. Clement, to be So- Howrigan for his service to his community Lamar Alexander, Johnny Isakson, and the Vermont dairy industry. licitor General of the United States. C.S. Bond, Michael B. Enzi, Mike The PRESIDING OFFICER. Without DeWine, John Ensign, Ted Stevens. There being no objection, the Senate objection, it is so ordered. f proceeded to consider the resolution. COMMITTEE ON RULES AND ADMINISTRATION Mr. JEFFORDS. Mr. President, I rise Mr. HATCH. Mr. President, I ask NOMINATION OF STEPHEN L. to discuss S. Res. 118, a resolution I unanimous consent that the Com- JOHNSON TO BE ADMINIS- submitted with Senator LEAHY to rec- mittee on Rules and Administration be TRATOR OF THE ENVIRON- ognize the Enosburg Falls Vermont authorized to meet during the session MENTAL PROTECTION AGENCY Dairy Festival in honor of Harold of the Senate on Wednesday, April 27, Mr. MCCONNELL. Mr. President, I Howrigan. 2005, at 9:30 a.m., to markup S. 271, a ask unanimous consent that the Sen- Harold is a dairyman through and bill which reforms the regulatory and ate now proceed to the consideration of through. reporting structure of organizations Executive Calendar No. 61. He recently retired from the board of registered under Section 527 of the In- The PRESIDING OFFICER. Without the St. Albans Co-op, a Vermont dairy ternal Revenue Code. objection, it is so ordered. cooperative, and he ably served as the The PRESIDING OFFICER. Without The clerk will report. board’s president for 17 years. objection, it is so ordered. The assistant legislative clerk read Harold is a great guy—a real leader SELECT COMMITTEE ON INTELLIGENCE the nomination of Stephen L. Johnson, in Vermont’s diary industry—and I’ve Mr. HATCH. Mr. President, I ask of Maryland, to be administrator of the known him and his family for many unanimous consent that the Select Environmental Protection Agency. years. Committee on Intelligence be author- CLOTURE MOTION Dairy farming is a tough job, and ized to meet during the session of the Mr. MCCONNELL. Mr. President, only those who really love it are suc- Senate on April 27, 2005 at 9:30 a.m. to again I am told there is objection from cessful. hold a hearing. the Democratic side to a time agree- Congratulations, Harold, and I wish The PRESIDING OFFICER. Without ment on the nomination. Therefore, I you the best in retirement. objection, it is so ordered. send a cloture motion to the desk. Enosburg Falls and the Lions Club of SPECIAL COMMITTEE ON AGING The PRESIDING OFFICER. The clo- Enosburg host and sponsor the Mr. HATCH. Mr. President, I ask ture motion having been presented Vermont Dairy Festival. unanimous consent that the Special under rule XXII, the Chair directs the This year, the festival celebrates its Committee on Aging be authorized to clerk to report the motion. 49th year. meet Wednesday, April 27, 2005 from 10 The assistant legislative clerk read They say it is the largest parade in a.m.–12 p.m. in Dirksen G50 for the pur- as follows: Vermont, and I believe it is the largest. pose of conducting a hearing. CLOTURE MOTION Enosburg Falls is a small town; I The PRESIDING OFFICER. Without We the undersigned Senators, in accord- know, I used to spend a lot of time objection, it is so ordered. ance with the provisions of rule XXII of the there. f Standing Rules of the Senate, do hereby In fact, my family settled in EXECUTIVE SESSION move to bring to a close debate on Executive Enosburg in 1792. Calendar No. 61, the nomination of Stephen My family owned the local pharmacy NOMINATION OF ROBERT J. L. Johnson, of Maryland, to be Adminis- on Main Street, in downtown PORTMAN TO BE UNITED trator of the Environmental Protection Enosburg, for many years. Agency. STATES TRADE REPRESENTA- But during the festival, thousands of TIVE Bill Frist, J.M. Inhofe, Sam Brownback, Kay Bailey Hutchison, David Vitter, Vermonters show up to enjoy the pa- Mr. MCCONNELL. Mr. President, I Orrin Hatch, Elizabeth Dole, Lisa Mur- rade and participate in the events. ask unanimous consent that the Sen- kowski, Bob Bennett, John Cornyn, It is a wonderful time.

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4432 CONGRESSIONAL RECORD — SENATE April 27, 2005 Our resolution honors Harold’s years Mr. MCCONNELL. Mr. President, I serious mistake and a great disservice of service. ask unanimous consent that the reso- to many loyal and patriotic Japanese And it recognizes the men and lution and preamble be agreed to, en Americans. women who make the Vermont Dairy bloc, the motion to reconsider be laid His recent passing was a reminder of Festival the success that it is and will upon the table, with no intervening ac- this man’s courage throughout his life, continue to be. tion, and that any statements relating and I hope that this resolution, when it I am hopeful that the Senate will to this resolution be printed in the is sent to his family, will be a fitting soon act on this resolution to appro- RECORD. tribute from the Senate for all the con- priately celebrate Harold’s career and Mr. DURBIN. Mr. President, reserv- tributions they and his family have Vermonts dairy farmers. ing the right to object, and I will not made to America. Mr. MCCONNELL. Mr. President, I object, I would like to say a brief word The PRESIDING OFFICER. Without ask unanimous consent that the reso- or two about this resolution honoring objection, it is so ordered. lution and preamble be agreed to en the life of a great American who passed Mr. INOUYE. Mr. President, I rise to bloc, the motions to reconsider be laid away recently. I am proud to be joined speak in support of the Senate resolu- upon the table en bloc, and that any by Senators INOUYE and STEVENS on tion honoring Fred Toyosaburo statement relating to the resolution be this resolution. Korematsu for his loyalty and patriot- printed in the RECORD, with no inter- Three weeks ago, when I heard that ism to the United States and express- vening action or debate. Fred Korematsu died at the age of 86, I ing condolences to Fred’s family, The PRESIDING OFFICER. Without came to the Senate floor and paid my friends and supporters on his passing. objection, it is so ordered. tribute. But because his place in our On March 30, 2005, our Nation lost a The resolution (S. Res. 118) was Nation’s history is so important, I have deeply compassionate man and a great agreed to. come to the floor again to ask the en- American patriot. Fred profoundly in- The preamble was agreed to. tire Senate to recognize this man with fluenced the course of American his- The resolution, with its preamble, this resolution. tory and legal jurisprudence when he reads as follows: In recent months, I have had several led a courageous legal challenge against the internment of Japanese S. RES. 118 occasions to mention Fred Korematsu’s Americans by the United States Gov- Whereas the town of Enosburg Falls, name in committee and floor pro- Vermont, will host the ‘‘Vermont Dairy Fes- ceedings, because the story about the ernment. Fred was born in Oakland, tival’’ from June 2 through June 5, 2005; injustices he and thousands of others CA, in 1919. His parents were Japanese Whereas the men and women of the faced as a Japanese American during immigrants who ran a flower nursery Enosburg Lions Club will sponsor the from World War II is one that we while Fred attended Castlemont High Vermont Dairy Festival, which celebrates its should never forget. School and later the Master School of 49th year; Today, as our Nation is engaged in a Welding. Fred worked on the Oakland Whereas the Vermont Dairy Festival is a global war on terrorism and when we docks as a steel welder and was quickly beloved expression of the civic pride and ag- are confronting the issues of the bal- promoted to a foreman position. ricultural heritage of the people of Enosburg The war in Europe, however, changed Falls and Franklin County, Vermont; ance between civil liberties and secu- Whereas the people of Enosburg Falls and rity, Fred Korematsu’s name is a re- his life. America began providing sup- Franklin County have long-held traditions of minder that we need to learn from our plies to Great Britain in its war family owned and operated dairy farms; history, as difficult and shameful as it against Germany and Germany’s allies, Whereas the St. Albans Cooperative may be. including the country of Japan. At Creamery, Inc., which was established in In November 2003, Fred Korematsu home in California, when Fred entered 1919, is a farmer-owned cooperative; filed a brief before the Supreme Court restaurants, waiters refused to serve Whereas Harold Howrigan served on the in a case involving the detentions at him because of his ancestry. Fred’s Board of the St. Albans Cooperative for 24 union terminated his membership, and years; Guantanamo Bay. His brief contained a Whereas Mr. Howrigan was the President simple plea to the government: ‘‘to Fred lost his job. American by birth, of the Board of the St. Albans Cooperative avoid repeating the mistakes of the Fred wished to prove his patriotism by for 17 years; past, this court should make clear that joining the United States Coast Guard, Whereas Mr. Howrigan recently retired the United States respects constitu- but the recruiting officer refused his from his position as President of the Board tional and human rights, even in times application. Fred eventually found of the St. Albans Cooperative; and of war.’’ work with a mobile trailer company, Whereas Mr. Howrigan led the St. Albans As leaders in Washington, we are re- but after the bombing of Pearl Harbor Cooperative to uphold the region’s traditions sponsible for a wide range of legislative in December 1941, his employer fired and to meet future challenges: Now, therefore, be it and policy decisions that will have im- him. Resolved, That the Senate recognizes June pact on millions of lives of our fellow Fred was 22 years old when President 2 through June 5, 2005, as the ‘‘Vermont Americans. As we deliberate and de- Roosevelt issued Executive Order 9066, Dairy Festival’’, in honor of Harold bate these issues, I hope all my col- authorizing military commanders on Howrigan for his service to his community leagues will continue to heed the wise the West Coast to issue whatever or- and the Vermont dairy industry. words of this humble man. ders necessary for national security. f Fred Korematsu died on March 30 at Curfews, exclusionary orders, and the his daughter’s home in Larkspur, CA, internment of 120,000 Japanese Ameri- HONORING FRED T. KOREMATSU after a long illness. He leaves behind cans soon followed, and the Korematsu Mr. MCCONNELL. Mr. President, I his wife, Kathryn, and their son and family was taken to the Tanforan race- ask unanimous consent that the Sen- daughter. Our thoughts and prayers go track in San Mateo. Fred, however, ate proceed to the immediate consider- out to their family and friends, and we held a deep conviction that the con- ation of S. Res. 126, submitted earlier honor his memory today with this res- stitutional rights of Japanese Ameri- today by Senator DURBIN. olution. cans were being violated by the intern- The PRESIDING OFFICER. The I ask my colleagues to support this ment order issued without any real evi- clerk will report the resolution by resolution honoring a true American dence of disloyalty, without specific title. hero. charges, and without trial, and so Fred The assistant legislative clerk read Fred Korematsu is a family name chose to defy the order. as follows: known to every student who has ever Fred assumed a non-Japanese iden- A resolution (S. Res. 126) honoring Fred T. gone through law school. It was Mr. tity and even had plastic surgery in an Korematsu for his loyalty and patriotism to Korematsu who filed the law case pro- attempt to change his appearance. Nev- the United States and expressing condo- testing the internment of Japanese ertheless, the police stopped him in lences to his family, friends, and supporters Americans during World War II. His San Leandro and Fred was charged on his death. family, like so many others, was dis- with violating the military’s exclusion There being no objection, the Senate criminated against simply because of order. Fred was sent to Federal prison proceeded to consider the resolution. their heritage. We now realize it was a and later to live with his family in a

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4433 horse stall at the Tanforan racetrack. finding that internment orders were Idaho, Utah, and Wyoming, without any The Korematsus performed hard labor issued without proper basis, Congress charges brought or due process accorded; behind barbed wire and under the in 1988 passed legislation for a Presi- Whereas Fred Korematsu, then 22 years old and working as a shipyard welder in Oak- watch of armed guards. Other Japanese dential apology and reparations to Jap- land, California, refused to join his family in Americans in the internment camp anese American internees. reporting to Tanforan, based on his belief avoided him, fearing for the safety of Ten years later, in 1998, President that he was a loyal American and not a secu- their own families. The Federal dis- Bill Clinton awarded Fred with the rity threat; trict court found Fred guilty of vio- Presidential Medal of Freedom, the Whereas on May 30, 1942, Fred Korematsu lating military exclusion orders, and highest civilian honor in the United was arrested and jailed for remaining in a military area, tried in United States district sentenced him to 5 years of probation States. During that ceremony, the court, found guilty of violating Civilian Ex- under military authority. Fred ap- President stated, ‘‘In the long history clusion Order Number 34, and sentenced to 5 pealed that decision. Meanwhile, after of our country’s constant search for years of probation; a year and a half of laboring in the injustice, some names of ordinary citi- Whereas Fred Korematsu unsuccessfully terment camp, Fred’s skill as a welder zens stand for millions of souls— challenged that Civilian Exclusion Order as enabled him to leave the camp, on the Plessy, Brown, Parks. To that distin- it applied to him, and appealed the decision condition that he not return to Cali- guished list today we add the name of of the district court to the United States Court of Appeals for the 9th Circuit, where fornia. He got a job as a welder in an Fred Korematsu.’’ his conviction was sustained; iron works company in Salt Lake City, To many, Fred was more than just a Whereas Fred Korematsu was subsequently and eventually, made his way to De- distinguished name. Fred shared his confined with his family in the internment troit. riveting and protracted story about camp in Topaz for 2 years, and during that Fred’s appeal reached the Supreme justice with thousands of young Ameri- time, he appealed his conviction to the Court in 1944. The Court upheld the cans, and he has deeply touched and in- United States Supreme Court; lower court’s ruling in a 6–3 vote, cit- Whereas on December 18, 1944, the Supreme spired a new generation of civil rights Court issued its decision in Korematsu v. ing the simple reason that the intern- attorneys. Fred’s zest for life, courage, United States, 323 U.S. 214, which upheld ment of American citizens of Japanese patriotism, compassion, gentle humor, Fred Korematsu’s conviction by a vote of 6- ancestry was a military necessity in strong will, and delight in teaching to-3, based on the finding of the Supreme light of the war with Japan. Fred peti- others has endeared him to many. He Court that Fred Korematsu was not removed tioned for a rehearing, but it was de- graced our midst, and by example, en- from his home ‘‘because of hostility to him nied in February 1945. couraged all of us to never abandon our or his race’’ but because the United States Fred eventually met and married was at war with Japan and the United States Nation’s cherished constitutional prin- military ‘‘feared an invasion of our West Kathryn and raised a family. Like ciples and values. Coast’’; many Japanese Americans, Fred tried Fred Korematsu was a devoted hus- Whereas Fred Korematsu continued to to put his internment experiences be- band and father, a teacher, a trail- maintain his innocence for decades following hind him, but he was unable to pursue blazer, a hero, and a great American. World War II; many job opportunities because his The resolution (S. Res. 126) was Whereas, under section 552 of title 5, violation of the exclusion order left United States Code (commonly known as the agreed to. ‘‘Freedom of Information Act’’), an historian him with a criminal record. He once The preamble was agreed to. discovered numerous government documents worked on an application to become a The resolution, with its preamble, indicating that, at the time Korematsu v. real estate broker, but when he came reads as follows: United States, 323 U.S. 214, was decided, the across the question that asked whether S. RES. 126 Federal Government suppressed findings that Japanese Americans on the West Coast he had prior criminal convictions, he Whereas on January 30, 1919, Fred were not security threats; threw the application away. Although Toyosaburo Korematsu was born in Oakland, Fred worked as a draftsman, he did not Whereas in light of this newly discovered California, to Japanese immigrants; information, Fred Korematsu filed a writ of apply to work at larger companies or Whereas Fred Korematsu graduated from error coram nobis with the United States government agencies, as they would Oakland High School and tried on 2 occa- District Court for the Northern District of not hire someone who had a prior con- sions to enlist in the United States Army but California; viction on record. Without a pension, was not accepted due to a physical dis- Whereas on November 10, 1983, United ability; States District Judge Marilyn Hall Patel Fred worked part time to make ends Whereas on December 7, 1941, Japan at- meet, even while in his eighties. overturned Fred Korematsu’s conviction, tacked the United States military base at concluding that senior government officials In the early 1980s, a volunteer legal Pearl Harbor, Hawaii, forcing the United team began to accumulate evidence knew there was no factual basis for the States to enter World War II against Japan, claim of ‘‘military necessity’’ when they pre- that government officials had pos- Germany, and Italy; sented their case before the Supreme Court sessed significant information that Whereas on February 19, 1942, President in 1944; Japanese Americans had not posed an Franklin D. Roosevelt signed Executive Whereas in that decision, Judge Patel stat- actual threat to national security at Order number 9066 (42 Fed. Reg. 1563) as ‘‘pro- ed that, while Korematsu v. United States the time of the interment, and the tection against espionage and against sabo- ‘‘remains on the pages of our legal and polit- tage to national defense’’, which authorized ical history...[as] historical precedent it team approached Fred to file a coram the designation of ‘‘military areas . . . from nobis petition to review events that oc- stands as a constant caution that in times of which any or all persons may be excluded, war or declared military necessity our insti- curred 40 years earlier that denied Fred and with respect to which, the right of any tutions must be vigilant in protecting con- a fair hearing. person to enter, remain in, or leave shall be stitutional guarantees’’; In late 1983, a Federal court in San subject to whatever restriction the . . . Mili- Whereas the Commission on Wartime Relo- Francisco overturned Fred’s guilty tary Commander may impose in his discre- cation and Internment of Civilians, author- conviction, stating that the Govern- tion’’; ized by Congress in 1980 to review the facts ment’s case at the time had been based Whereas the United States Army issued Ci- and circumstances surrounding the reloca- on false and biased information. vilian Exclusion Order Number 34, directing tion and internment of Japanese Americans The court’s decision was a landmark that after May 9, 1942, all persons of Japa- under Executive Order Number 9066 (42 Fed. nese ancestry were to be removed from des- and a critical turning point in history. Reg. 1563), concluded that ‘‘today the deci- ignated areas of the West Coast because they sion in Korematsu lies overruled in the court The volunteer legal team that gravi- were considered to be a security threat; of history’’; tated to Fred was driven by his cour- Whereas in response to that Civilian Exclu- Whereas the Commission on Wartime Relo- age, his unshakable sense of right and sion Order, Fred Korematsu’s family re- cation and Internment of Civilians concluded wrong, and his faith in the American ported to Tanforan, a former racetrack in that a ‘‘grave personal injustice was done to Constitution. The court’s 1983 holding the San Francisco area that was used as 1 of the American citizens and resident aliens of in Korematsu v. U.S., coram nobis, set in 15 temporary detention centers, before being Japanese ancestry who, without individual motion a chain of important events. sent to an internment camp in Topaz, Utah; review or any probative evidence against Whereas more than 120,000 Japanese Amer- them were excluded, removed and detained Shortly following the success of that icans were similarly detained in 10 perma- by the United States during World War II’’, case, Congress ordered a commission nent War Relocation Authority camps lo- and that those acts were ‘‘motivated largely report on the internment of Japanese cated in isolated desert areas of the States of by racial prejudice, wartime hysteria, and a Americans. Upon the commission’s Arizona, Arkansas, California, Colorado, failure of political leadership’’;

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4434 CONGRESSIONAL RECORD — SENATE April 27, 2005 Whereas the overturning of Fred schools have experienced tremendous recently became the only elementary Korematsu’s conviction and the findings of growth as more and more parents dis- school in the city and one of only 102 Commission on Wartime Relocation and In- cover for themselves why surveys show schools in Ohio to be recognized as a ternment of Civilians influenced the decision such high levels of parental satisfac- ‘‘School of Promise.’’ The recognition by Congress to pass the Civil Liberties Act of tion with charter schools. Today, there follows a period of remarkable im- 1988 (50 U.S.C. App. 1989b et seq.) to request a Presidential apology and symbolic pay- are almost 3,300 charter schools serving provement for the low-income school, ment of compensation to persons of Japanese nearly 900,000 students in 40 States, the which now boasts that 100 percent of ancestry who lost liberty or property be- District of Columbia, and Puerto Rico, its students passed State tests in six cause of discriminatory action by the Fed- up from 3,000 schools serving 750,000 areas. The school has met the State’s eral Government; students just 1 year ago. Nearly 40 per- requirements for Adequate Yearly Whereas on August 10, 1988, President cent of these schools report having Progress, and is closing the achieve- Reagan signed that Act into law, stating, waiting lists, and there are enough stu- ment gap—and has generated a lengthy ‘‘[H]ere we admit a wrong; here we reaffirm dents on these waiting lists to fill an- waiting list along the way. The W.E.B. our commitment as a nation to equal justice other 1,000 average-sized charter DuBois Academy attributes its success under the law’’; Whereas on January 15, 1998, President schools. to extended research-based instruc- Clinton awarded the Medal of Freedom, the Charter schools serve a unique role in tional time, performance-based pay for highest civilian award of the United States, public education. They are designed to teachers, strict discipline, and a re- to Fred Korematsu, stating, ‘‘In the long his- be free from many of the burdensome wards system that reinforces out- tory of our country’s constant search for jus- regulations and policies that govern standing academic performance. Says tice, some names of ordinary citizens stand traditional public schools. They are founder Wilson H. Willard III, ‘‘We’ve for millions of souls: Plessy, Brown, Parks. founded and run by principals, teachers implemented a research-based system To that distinguished list, today we add the and parents who share a common vi- that addresses the constraints that name of Fred Korematsu.’’; sion of education, a vision which guides compromise traditional education. In Whereas Fred Korematsu remained a tire- each and every decision made at the doing so, we’ve generated successful less advocate for civil liberties and justice throughout his life, particularly speaking schools, from hiring personnel to se- academic results for hundreds of our out against racial discrimination and vio- lecting curricula. Furthermore, charter students. . . . defying convention has lence targeting Arab, Muslim, South Asian, schools are held strictly accountable built success for the school, and most and Sikh Americans in the wake of the Sep- for student performance—if they fail to importantly, each student in it. In the tember 11, 2001, tragedy, and cautioning the educate their students well and meet end, that’s what really matters.’’ Federal Government against repeating mis- the goals of their charters, they are These are but a few of the promising takes of the past by singling out individuals closed. Most importantly, charter schools in the charter movement, for heightened scrutiny on the basis of race, schools are raising student achieve- which includes a wide range of schools ethnicity, or religion; ment. Research has shown that charter serving a variety of different learning Whereas on March 30, 2005, Fred Korematsu needs and styles, often at a lower cost died at the age of 86 in Larkspur, California; school students are more likely to be and proficient in reading and math than than traditional public schools. I am Whereas Fred Korematsu was a role model students in neighboring traditional pleased that four such schools have for all Americans who love the United States schools, and that the greatest achieve- launched in New Hampshire this year, and the promises contained in the Constitu- ment gains can be seen among African ranging from the State’s first school tion, and his strength and perseverance serve American, Hispanic, and low-income for deaf and hard of hearing students to as an inspiration for all people striving for students. Research also shows that the academies focused on the arts, tech- equality and justice: Now, therefore, be it longer charter schools have been in op- nology, and business. Several more Resolved, That the Senate— schools will soon open their doors in (1) honors Fred T. Korematsu for his loy- eration, the more they outdistance tra- alty and patriotism to the United States, his ditional scores in student performance. the Granite State, offering additional work to advocate for the civil rights and Since each charter school represents options for parents and students, in- civil liberties of all Americans, and his dedi- the unique vision of its founders, these cluding those most at risk. cation to justice and equality; and schools vary greatly, but all strive for I expect that we will see charter (2) expresses its deepest condolences to his excellence. There are countless exam- schools continue to expand both in New family, friends, and supporters on his death. ples of charter schools that are having Hampshire and nationally. Three years f an enormous impact on their students ago, the President signed into law the No Child Left Behind Act, which gives CONGRATULATING CHARTER both academically and personally, and parents in low-performing schools the SCHOOLS on the surrounding community. For example, the Vaughn Next Cen- option to transfer their children to an- Mr. MCCONNELL. Mr. President, I tury Learning Center in San Fernando, other public school. No Child Left Be- ask unanimous consent that the Sen- CA, serves students in grades K–12, 97 hind also provides school districts with ate now proceed to the consideration of percent of whom qualify for free lunch, the option of converting low-per- S. Res. 127, which was submitted ear- and 87 percent of whom speak limited forming schools into charter schools. I lier today. English. Fifteen years ago, the Vaughn believe these provisions will strengthen The PRESIDING OFFICER. The Street School was a haven for drug the charter school movement by cre- clerk will report the resolution by deals and violence, and students’ test ating more opportunities for charter title. scores were the lowest in the San Fer- school development. And, as parents The legislative clerk read as follows: nando Valley. Since it converted to a exercise their right to school choice A resolution (S. Res. 127) congratulating charter school in 1993, Vaughn rose and ‘‘vote with their feet’’, the demand charter schools and their students, parents, from the ninth percentile in language for charters schools will increase. teachers, and administrators across the arts and the eleventh percentile in I commend the ever-growing number United States for their ongoing contribu- math to become a National Blue Rib- of people involved in the charter school tions to education, and for other purposes. bon School. Test scores have gone up movement, from parents and teachers There being no objection, the Senate 330 percent in the past 5 years alone. As to community leaders and members of proceeded to consider the resolution. a result of the autonomy granted by the business community. Together, Mr. GREGG. Mr. President, today I converting to charter status, Vaughn they have led the charge in education am joined by my colleagues Senators has been able to redirect considerable reform and are helping transform our LIEBERMAN, FRIST, LANDRIEU, SUNUNU, resources to programmatic efforts, in- system of public education. Districts ALEXANDER, DEMINT, DOLE, VITTER, cluding an extended school year and with a large number of charter schools BURR, in support of this resolution to comprehensive afterschool program. have reported that they are becoming designate the week of May 1 through The school has also expanded its offer- more customer service-oriented, in- May 7, 2005 as National Charter ings to the greater community, includ- creasing interaction with parents, and Schools Week. This year marks the ing a school-based clinic, family cen- creating new education programs, 13th anniversary of the opening of the ter, business co-op, and library. many of which are similar to those of- nation’s first charter school in Min- Cincinnati’s W.E.B. DuBois Academy, fered by charter schools. These im- nesota. Since that time, charter serving children in grades 1 through 8, provements benefit all our students,

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4435 not just those who choose charter Whereas the sixth annual National Charter (15) beginning Paul Andrew Kunicki, and schools. Schools Week, to be held May 1 through 7, ending Lindsey M Vandenberg, which nomi- I encourage my colleagues to visit a 2005, is an event sponsored by charter schools nations were received by the Senate and ap- charter school during National Charter and grassroots charter school organizations peared in the Congressional Record of April Schools Week to witness firsthand the across the United States to recognize the 4, 2005. significant impacts, achievements, and inno- f ways in which these innovative schools vations of charter schools: Now, therefore, be are making a difference, both in the it LEGISLATIVE SESSION lives of the students they serve as well Resolved, That— The PRESIDING OFFICER. Under as in the communities in which they (1) the Senate acknowledges and com- the previous order, the Senate will now reside. mends charter schools and their students, return to legislative session. Mr. MCCONNELL. Mr. President, I parents, teachers, and administrators across ask unanimous consent that the reso- the United States for their ongoing contribu- f lution be agreed to, the preamble be tions to education and improving and ORDERS FOR THURSDAY, APRIL strengthening our public school system; agreed to, and the motion to reconsider 28, 2005 be laid upon the table. (2) the Senate supports the sixth annual The PRESIDING OFFICER. Without National Charter Schools Week; and Mr. MCCONNELL. Mr. President, I (3) it is the sense of the Senate that the objection, it is so ordered. ask unanimous consent that when the President should issue a proclamation call- Senate completes its business today, it The resolution (S. Res. 127) was ing on the people of the United States to agreed to. stand in adjournment until 9:30 a.m. conduct appropriate programs, ceremonies, tomorrow, Thursday, April 28. I further The preamble was agreed to. and activities to demonstrate support for The resolution, with its preamble, charter schools during this weeklong cele- ask that following the prayer and the reads as follows: bration in communities throughout the pledge, the morning hour be deemed S. RES. 127 United States. expired, the Journal of proceedings be Whereas charter schools deliver high-qual- f approved to date, the time for the two leaders be reserved, and the Senate ity education and challenge our students to EXECUTIVE SESSION reach their potential; then proceed to a period for morning Whereas charter schools provide thousands business for up to 60 minutes, with the of families with diverse and innovative edu- EXECUTIVE CALENDAR first 30 minutes under the control of cational options for their children; the Democratic leader or his designee Mr. MCCONNELL. Mr. President, I Whereas charter schools are public schools and the final 30 minutes under the con- authorized by a designated public entity that ask unanimous consent that the Sen- trol of the majority leader or his des- are responding to the needs of our commu- ate immediately proceed to executive ignee; provided that following morning nities, families, and students and promoting session to consider the following nomi- business, the Senate resume consider- the principles of quality, choice, and innova- nations on today’s Executive Calendar: tion; ation of H.R. 3, the highway bill. Whereas in exchange for the flexibility and Nos. 55, 56, 60, 64, 65, and all nomina- The PRESIDING OFFICER. Without autonomy given to charter schools, they are tions on the Secretary’s desk. I further objection, it is so ordered. held accountable by their sponsors for im- ask unanimous consent that the nomi- f proving student achievement and for their fi- nations be confirmed en bloc, the mo- nancial and other operations; tions to reconsider be laid upon the PROGRAM Whereas 41 States, the District of Colum- table, the President be immediately Mr. MCCONNELL. Tomorrow, fol- bia, and the Commonwealth of Puerto Rico notified of the Senate’s action, and the lowing morning business, the Senate have passed laws authorizing charter Senate then return to legislative ses- schools; will resume consideration of the high- Whereas nearly 3,300 charter schools are sion. way bill. We will continue the amend- now operating in 40 States, the District of The PRESIDING OFFICER. Without ing process, and the chairman and Columbia, and the Commonwealth of Puerto objection, it is so ordered. ranking member will work through Rico and serving approximately 900,000 stu- The nominations considered and con- amendments as they are offered dents; firmed are as follows: throughout the day. Rollcall votes are Whereas over the last 10 years, Congress DEPARTMENT OF AGRICULTURE expected in relation to those amend- has provided more than $1,500,000,000 in sup- Charles F. Conner, of Indiana, to be Deputy ments. On behalf of the majority lead- port to the charter school movement Secretary of Agriculture. through facilities financing assistance and er, I encourage Senators who wish to DEPARTMENT OF STATE grants for planning, startup, implementa- offer amendments to the bill to contact tion, and dissemination; Howard J. Krongard, of New Jersey, to be the bill managers as soon as possible. Whereas charter schools improve their stu- Inspector General, Department of State. In addition to the highway bill, we dents’ achievement and stimulate improve- ENVIRONMENTAL PROTECTION AGENCY will also act on a budget reconciliation ment in traditional public schools; Luis Luna, of Maryland, to be an Assistant conference report, should it become Whereas charter schools must meet the Administrator of the Environmental Protec- available. The Senate may also act on tion Agency. student achievement accountability require- any nominations available for floor ments under the Elementary and Secondary MISSISSIPPI RIVER COMMISSION Education Act of 1965 in the same manner as consideration. Major General Don T. Riley, United States Just moments ago, I filed two cloture traditional public schools, and often set Army, to be a Member and President of the higher and additional individual goals to en- Mississippi River Commission. motions with respect to two Cabinet- sure that they are of high quality and truly Brigadier General William T. Grisoli, level nominations. These votes will accountable to the public; United States Army, to be a Member of the occur on Friday of this week, unless Whereas charter schools give parents new Mississippi River Commission. some other agreement is reached prior freedom to choose their public school, rou- NOMINATIONS PLACED ON THE SECRETARY’S to that time. Therefore, Senators tinely measure parental satisfaction levels, DESK should expect a busy day tomorrow and and must prove their ongoing success to par- COAST GUARD ents, policymakers, and their communities; Friday, with rollcall votes possible Whereas nearly 40 percent of charter PN304 COAST GUARD nominations (2) be- throughout as we complete our work schools report having a waiting list, and the ginning Curtis L. Sumrok, and ending Jed R. prior to the recess. total number of students on all such waiting Boba, which nominations were received by f lists is enough to fill over 1,000 average-sized the Senate and appeared in the Congres- charter schools; sional Record of March 14, 2005. ORDER FOR ADJOURNMENT PN305 COAST GUARD nominations (292) Whereas charter schools nationwide serve Mr. MCCONNELL. If there is no fur- beginning Michael T Cunningham, and end- a higher percentage of low-income and mi- ther business to come before the Sen- nority students than the traditional public ing David K Young, which nominations were received by the Senate and appeared in the ate, I ask that the Senate stand in ad- system; journment under the previous order, Whereas charter schools have enjoyed Congressional Record of March 14, 2005. broad bipartisan support from the Adminis- NATIONAL OCEANIC AND ATMOSPHERIC following the remarks of Senator CAR- tration, Congress, State Governors and legis- ADMINISTRATION PER and the remarks of the distin- latures, educators, and parents across the PN390 NATIONAL OCEANIC AND ATMOS- guished Democratic leader, who is on United States; and PHERIC ADMINISTRATION nominations the floor.

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4436 CONGRESSIONAL RECORD — SENATE April 27, 2005 The PRESIDING OFFICER. Without they can be appointed at age 35 and the ethics rules which were promul- objection, it is so ordered. serve for the next 40 years, and we can- gated to protect perhaps one Member The minority leader. not use our advise and consent that we or two Members from close scrutiny, in f have as Senators? But if someone is terms of their conduct, are now going going to serve for a few months or a to be changed. I think, if I am not mis- RULE CHANGES few years, as other nominations, then taken, this will be the second time in Mr. REID. Mr. President, today the we can talk as long as we want, our the last few months—in recent times, American people have spoken, and they ability to speak is not taken away that the Republican leadership in the have spoken very firmly. It should be a there? House of Representatives has changed day of celebration in the United States If we look at this, there might be the ethics rules and then, after public Capitol. A few hours ago, we saw re- something more there than meets the response, came back and restored the sponsible Republican leaders in the eye. The American people are not in- ethics rules. House of Representatives come to- terested in seeing us fight about the Is this not similar to a situation we gether to do the right thing by aban- rules or pursuing partisan goals. That are facing on the Senate side, where doning the attempt to change the eth- is why this body has to come together there are at least some who are talking ics rules. We will await the final out- and worked out this issue. We need to about the nuclear option, a term that come but I am told it has all been done, take on issues the American people Senator LOTT came up with, that would that they will have to go to the House wrestle with every day. Whether it is change the rules of the Senate in the floor and approve changing the rules in Chicago; Oklahoma City; Reno; middle of our session, rules that have back from where they are now to where Pittsburgh; Dover, DE, wherever it is, been in place for almost 200 years? they need to be—that is, the way they the people in those communities are Mr. REID. I would answer to my used to be. The American people are interested in health care—as a subset, friend, not only is there a suggestion very perceptive. They can tell when prescription drugs—and they certainly about changing the rules, but they are something is going on that simply is are interested in gas prices. As I have going to do it by breaking the rules. To not fair. What we had in the House of said on the floor the last few days, Ne- change a rule here in the Senate takes Representatives is one of the leaders, vada is paying $2.65 a gallon. If you a simple majority. But if somebody with the abuse of power that takes have a small car it is $30. wants to speak in an extensive manner place so often around here, took him- Veterans—we need to take care of relating to that rule change, you have self out of the criticism that he was re- veterans, better than what I see in this to break a filibuster. They are not will- ceiving from the Ethics Committee. He budget. The American people want us ing to do that. They are going to use was reprimanded on three separate oc- to talk about this. brute force and break the rules to casions within 1 year but he did not They want us to talk about edu- change the rules. That is what they are have to worry about any more censures cation. talking about. or reprimands because they simply They also want us to see that the So even though what went on in the changed the rules. checks and balances created by our House of Representatives is bad, what That is where the American people Founding Fathers are not trampled on, is contemplated here is even worse came in. They know that the rules can- this provision of the Constitution. I than that. not be changed in the middle of the hope we are not heading down that Mr. DURBIN. I ask the Senator from game. Today, the Republicans in the road with the nuclear option, which Nevada if he will yield for an addi- House heard that message. turns the Senate into a rubber stamp, tional question through the Chair. I As this Chamber wrestles with its which destroys the checks and bal- would like to ask the Senator, is it not own possible rule change in the next ances. As I said in the past, I will do true that the Democrats, in the minor- few weeks, I urge my Republican col- everything within my power to avoid ity in the House of Representatives, leagues to pay attention to how the that option and today gives me hope stood together and argued that the in- American people feel about what is we can avoid that. tegrity of the House of Representatives being attempted. It does not matter The American people did not like was at stake because of these changes how many times one comes to the Sen- what they saw with the abuse of power in ethics rules to favor one Republican ate floor and says there has not been a in the House of Representatives. What leader, or perhaps two, and that by filibuster on a judge ever before, it is did they do? They spoke out loudly. As standing together and appealing to the simply not true, underlined and under- a result, the Speaker and others in the Nation, that they were successful, and scored. House of Representatives said we are now the Republican leadership in the I note the tone has been different, no longer going to protect one of our House of Representatives has an- and I am happy about that. My distin- own, because it is an abuse of power, nounced they are going to restore the guished friend, the Senator from Utah, and we are going to go back to the original ethics rules? came to the floor today and said there rules the way they used to be. That is Mr. REID. I say in answer to my has not been a filibuster of a judge that a victory for the American people. I friend, I applaud, I commend the has come to the floor. Well, that still is hope we can accomplish the same here Speaker of the House of Representa- not true but it is better than what he today. tives from the State of Illinois for real- said before. What he was saying, in the As I said yesterday, it would be a izing that what had gone on was wrong, language we understand in Congress, is great visual if Senator FRIST and I and it is being changed as we speak. So the Republicans in the Judiciary Com- could walk down this aisle—he stands the Speaker got the message loudly mittee turned down 69 judges that here, I stand here—and say we have got and clearly from the American people. President Clinton wanted. They did not a deal for the American people. Mr. DURBIN. I would also ask the come to the floor. They did not come There is so much work to do, we Senator from Nevada through the to the committee. Senator HATCH is should not be fighting over these rules. Chair, is it not also true that as we right, they certainly did not get a floor If the Republicans insist on putting have started talking to the American vote. politics ahead of the American people, people about the so-called nuclear op- Also, we keep hearing we have to we are going to make sure the Senate tion, the term that Senator TRENT have up-or-down votes on judicial works for the American people. LOTT came up with, as we have talked nominations. I was somewhat amazed Mr. DURBIN. Will the Senator from to the people about the nuclear option yesterday by what people from the Nevada yield for a question? across the country, is it not true there other side of the aisle said, that we are Mr. REID. I am happy to yield to my has been an incredible reaction? I going to allow filibusters on other friend. would say to the Senator from Nevada, nominations that come from the Presi- Mr. DURBIN. I would say I followed many of us believed this was an arcane dent. Now, let us see what logic there his remarks closely. If I understand debate that most people wouldn’t fol- is here. On a lifetime appointment, what has just happened in the House of low. But we are finding that over- that is a judge who becomes a district Representatives, or is about to happen, whelmingly the people across America court judge or a circuit court judge, it is that they decided the changes in share the view of the Democrats on

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4437 this issue, that we should not change thing. See, that’s why we want you to shut brings us together in a bipartisan fash- the rules in the middle of the game and up and go home,’’ so would say the Repub- ion? Is this not the same thing that the eliminate the filibuster on judicial licans to Mr. Smith. Democratic leader just alluded to, that Last week, Senator Harry Reid brought nominees, that we should not assault forth a million names of people who don’t we should use that same bipartisan ap- the basic principle of checks and bal- want the rules changed. These people believe proach not only when it comes to life- ances also under the Constitution, and, the filibuster should stay as part of a time time appointments for judges and con- finally, we should stand our ground to honored practice. troversial issues but to find construc- make sure that, on a bipartisan basis, The filibuster may be the only way to stop tive solutions to issues such as the we pick judges for lifetime appoint- overzealous lawmakers who insist on approv- challenge of health care, the cost of ments, judges who are in touch with ing the worst of President Bush’s misguided health insurance, the need to help fam- the values and needs of simple Ameri- nominees to the Federal Bench. We must ilies pay for college education—all of keep the filibuster, and use it when nec- cans and their families? essary, and if the petulant pouting pompous the things we should put on our agenda Mr. REID. I say to my friend, the an- Republicans in the Senate don’t like it they but, sadly, have not been part of the swer is yes. Yesterday, I got a copy of can take their ball and go home. So there! discussion in this Republican majority an editorial from a newspaper in Ne- How quickly they forget. The Republicans Senate so far this year? vada, a newspaper out of Fallon, NV. In have used the filibuster many times. Have Mr. REID. Let me say to my friend, a 1998, I got 21 percent of the vote in that they forgotten Abe Fortas in 1968 or Clin- perfect example of that is what is going county. I have said before, a homeless ton’s nominee to the ninth circuit Richard on on the floor as we speak. One of our person could have gotten that many Paez in 2000. All told the Republicans used the filibuster six times in attempts to block colleagues, the distinguished junior votes in Churchill County, but that is Clinton’s Judicial nominees. What hypo- Senator from Indiana, Mr. BAYH, has how many votes I got. So I got the edi- crites. an issue. He offered an amendment to torial and it said, ‘‘Stop Mr. Smith.’’ In the House of Representatives things are this bill. As we know, there are some ads run- just as bad. Republicans have now changed The reason he offered it to this bill is ning that show the great movie with the rules to make it nearly impossible to he wanted to make a statement about Jimmy Stewart as Mr. Smith coming have a public inquiry and possibly oust Tom something that is going on in China. to Washington to give a long speech as DeLay (R-Texas) on ethics charges. Accord- ing to Congressman Barney Frank, the Re- He believes trade policies there are un- a Senator. fair and unbalanced. He offered an I said: I will read it. I read that edi- publican leadership has now removed from the ethics committee any Republican with amendment on this bill. torial. It was so magnificent. I ask the slightest bit of independence and re- You can debate whether it should be unanimous consent I be allowed to placed them with people who will acquiesce on this bill, but it is on this bill. He of- have that printed in the RECORD . to the leadership’s wishes. In the past, if the fered an amendment. We have a right There being no objection, the mate- committee were deadlocked five to five a to do that. He, as a result of what he rial was ordered to be printed in the public investigation would go forward. With has done, held up the nomination of RECORD, as follows: the rules change it is dead in the water, un- ROB PORTMAN, Congressman PORTMAN SHUT UP, MR. SMITH less one of these mighty midgets of morality says yea and makes it six to five. These foul to be Trade Representative. I like Con- (By Glen McAdoo) balls want four strikes and four outs. gressman PORTMAN, a good man. I NEVADA, April 25.—Remember when you The self proclaimed model for the moral think he will do a good job as our were a kid and there was always at least one right, Mr. DeLay, could turn out to be one of whiner on the block who had to win at all Trade Representative. the slimiest characters we have ever seen in As we speak, because of this fili- costs? If you were playing baseball and the such a high office. We will probably never whiners got three strikes they wanted to know for sure unless one of the spineless Re- buster that he, in effect, is con- change the rules in the middle of the game publicans on the ethics panel gets some ducting—not necessarily on this bill, so they could have at least four strikes. Fur- backbone and makes their private probe, but he is not going to let PORTMAN go thermore they wanted to call the balls and public. That may happen, they are under a forward, so we will have to vote 2 days strikes themselves. If, by miracle, they fi- lot of pressure, but I wouldn’t bet on it. from now—the parties have come to- nally did strike out, becoming the third out, We don’t need a bunch of rule changes in gether. They are talking. I am con- they wanted to change the rules so that their the House and Senate. What we need to do is fident we will work that out and team got four outs. Remember those whin- replace a bunch of Republicans with Demo- PORTMAN will be approved tomorrow. ers? They would pout and cry or jump up and crats. down and scream bloody murder until they Mr. REID. Mr. President, the first The answer is yes. One of the good got their way. Remember them? paragraph—and I am paraphrasing but things about this institution we have Well, they are still around. They comprise not by very much—starts out by say- found in the 214 years it has been in ex- the majority of the House and Senate leader- istence is that the filibuster, which has ship in Washington, D.C. They’re not called ing: You remember when you were whiners anymore, today we call them Repub- growing up and you had this kid who been in existence since the beginning, licans. was never happy? You couldn’t win a from the days of George Washington— Remember the movie, ‘‘Mr. Smith Goes to game because he kept changing the we have changed the rules as relates to Washington’’ starring James Stewart? Well, rules in the middle of the game, and if it a little bit but never by breaking the you won’t find a Mr. Smith among these you didn’t allow the change, all he did rules. modern day whiners. And if they have their was whine about it? I say to my distinguished friend, the way, Mr. Smith will never again grace the senior Senator from Illinois, in all the hallowed halls in our Nation’s Capitol. The They went on for long, maybe six or Republicans want to do away with one of the seven paragraphs, saying: What is political writings about filibuster, that great traditions in our Government—the fili- going on in Washington? Trying to is one of the things they talk about as buster. In an attempt to prevent the Demo- change the rules in the middle of the a positive. It forces people to get to- crats from stopping the appointment of game is un-American. gether because sometimes in this body Judges who echo the shallow thoughts of the This is from Fallon, NV. you become very fixed. You think you most extreme far right, the Republicans are So the answer is yes, the American are the only person who knows what is up to no good—again. people are speaking. If you can get a going on and you need to examine ‘‘Stay home Mr. Smith, there is no place yourself. The other person has an issue. for big mouths like you in the Capitol. Save newspaper in Fallon, NV, to write a your breath. Go home to the folks who sent harsh criticism of the Republican lead- The Senator from Illinois is absolutely you here. We are in charge now and we would ership we have in the Senate, they right. It brings people together. rather you keep your big mouth shut. So should listen because, believe me, I got Mr. DURBIN. If I could ask one final what if you are right. Shut your lip. We 21 percent of the vote in that county. question of the Senator from Nevada know what is best for everyone and we don’t Mr. DURBIN. If the Senator would through the Chair? I know what the need a do-gooder like you gumming up the further yield for a question through Senator said about his commitment to works. What’s that you say Mr. Smith? You the Chair, is it not true that the fili- the traditions of the Senate, to the say we are even angry with the Federal Judges we appointed. That’s about half of buster, because it requires 60 votes to constitutional principles that guide the them. Judges should decide cases based on overcome, really requires the Senate to Senate, such as the protection of the the law and not public opinion, you say? work to compromise, to find bipartisan minority so there will never be another Darn you, a little truth could spoil every- solutions to their differences, and tyranny of the majority; that you will

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4438 CONGRESSIONAL RECORD — SENATE April 27, 2005 have this filibuster that gives the mi- want us to do this. They want us to For me to stand here today in an ef- nority, always, a voice in the dealings join together, to pass legislation. They fort to stop, at least for a short while, of the Senate. do not want anyone breaking the rules the nomination of Stephen Johnson to I know the Senator from Nevada— to change the rules. be Administrator of EPA is out of char- and I share his belief—is committed to This is so important for our country. acter for me. That is not the way I do this constitutional principle that goes We need to come together to work out business. I hope my colleagues realize back to our Founding Fathers. But I our differences. It is not only impor- that after 4 years I am a guy who likes want to ask the Senator from Nevada tant to this institution, it is important to work across the aisle, and whether in closing: Is it not true, as you an- to our country. the issues are some of the issues Sen- nounced yesterday, that despite this I thank very much my friend from Il- ator REID just mentioned—class action commitment to this core principle that linois for his questions. reform, bankruptcy reform legislation, you have reached out to the other side, The PRESIDING OFFICER. The Sen- now asbestos, overhauling the postal to the Republican leadership, in an ef- ator from Pennsylvania. system, comprehensive energy bill—I fort to try to find some common Mr. SANTORUM. I ask unanimous am one on the Democrat side who ground to work through our difficulties consent I be able to speak for 7 min- looks forward to working not only with and differences over several different utes. my colleagues but with our colleagues judges; that you have spoken directly Mr. REID. Mr. President, I have no on the other side of the aisle. We have problems in our country, to Senator FRIST and many Republican problem with my friend speaking. My Senators in an effort to try to resolve friend has to catch a train, and he has challenges we face on all fronts. Among those challenges we face is what to do this, and that, sadly, Senator FRIST had unanimous consent to speak here came to the floor yesterday and an- for a long period of time. I think he to improve the quality of our air and how we can do that in a way that does nounced he wouldn’t be party to any should be able to go first. I object. I not cost consumers an arm and a leg. negotiations to try to work this out? want my friend from Delaware to go Mr. REID. I say to my friend, first of first. What can we do to improve the quality of our air that does not encourage the all, in defense of Senator FRIST, the Mr. CARPER. I appreciate that. I statement he gave was before we had will miss my train, but go ahead. I shifting of utility plants from coal, which we have in abundance, to nat- our meeting. I have confidence Senator yield to the Senator. Mr. SANTORUM. If the Senator is ural gas, which we don’t. FRIST is weighing the offer I gave him. We have had sort of a Hobson’s Let me say this to all my friends, in- going to miss his train because of my 7 choice in the last couple of years—the cluding the distinguished junior Sen- minutes, not because of his own speech, administration’s clear skies proposals, ator from Pennsylvania: I am not going I will withhold. But if he is going to multipollutant bill dealing with reduc- to dwell on what took place during the miss the train because of his speech— Mr. REID. Mr. President, I object. ing sulphur dioxide, nitrogen oxide, Clinton administration. Most people The PRESIDING OFFICER. The ob- mercury from utility plants, compared would acknowledge it was not right. I jection has been heard. to the proposal of our colleague from am not going to dwell on what took The Senator from Delaware is recog- Vermont, Senator JEFFORDS, and oth- place these last 4 years of the Bush ad- nized. ers, who would propose to go further, a ministration because I am sure people Mr. CARPER. I thank the Senator lot further, a lot faster than the ad- can make a case, as advocates can, from Pennsylvania, and I promise to be ministration on those three pollutants, that maybe we did not do the right very brief. and add a fourth, carbon dioxide. thing in those years. The PRESIDING OFFICER. The Sen- The Presiding Officer, as well as my I am asking my Republican friends ator is recognized. friend from Pennsylvania—we have all on the other side of the aisle to give us f served in the House together. I don’t a chance. Let’s work our way through know about them, but when I served in NOMINATION OF STEPHEN this. We are not out plotting to take the House, I never liked it when I was JOHNSON the next Supreme Court nominee who dealt a Hobson’s choice—a position comes before the Senate, waiting in the Mr. CARPER. Mr. President, I have over here and another position over wings to knock him or her out. We are been here 4 years. I have never placed here. I never liked it. not waiting to knock out circuit judges a hold, as I recall, on any nomination One of the great things about the or district court judges. for anyone to serve in this administra- Senate is we can craft something in the Test us. We have proven so far this tion. middle. What I sought to do in working year that we are willing to work with When Christie Whitman was nomi- with people such as Senator LAMAR the majority. We have done some pret- nated to head up EPA, I said: Con- ALEXANDER from Tennessee, LINCOLN ty good stuff in spite of a number of gratulations. What can I do to help get CHAFEE from Rhode Island, and JUDD things we could have held up for a long you confirmed and to confirm the GREGG from New Hampshire, was to time. As I said yesterday, we could members of the team you want to sur- come up with something in the middle, have held up class action for a long round yourself with? And I went to a centrist approach that we believe re- time. Just to go to conference takes work on it. duces the emission of sulphur dioxide, three separate cloture votes. Bank- When Mike Levitt was nominated to nitrogen oxide, mercury from utility ruptcy could have taken a lot of time. succeed her, I called Mike Levitt—both plants, gets a start in slowing down the We legislated the way the Senate him and Governor Whitman, with growth of emissions from CO2, and does used to legislate. We had a bill come to whom I served—I called Mike Levitt so in a way that does not cost con- the Senate. A person offered an amend- and I said: Congratulations. What can I sumers an arm and a leg and, frankly, ment. He spoke in favor of it. People do to help get you confirmed and the does not lead to a lot of shifting off of came and joined in that. People spoke team you want to surround yourself coal and onto natural gas. against it. And we did things the old- with? And I went to work on it. We introduced legislation the first fashioned way—we voted on them and When Tommy Thompson was nomi- time in 2002. That was the year I first then sent the bill to the House. That is nated to be Secretary of Health and asked EPA for comparative analysis, the way we did it. Human Services, I called to congratu- comparing the administration’s clear We have to develop faith in what we late him and said: What can I do to skies proposal with our bipartisan bill are trying to do. I am saying to every- help get you confirmed and confirm the with the Jeffords bill. In 2003 we got a one, trust us. Yes, I have spoken to Re- team you want to surround you? And I lot of raw data and not much analysis publican Senators. I have spoken to went to work on it. from EPA. Along with the raw data and every one of the Democrat Senators. I When Tom Ridge was nominated to the limited analysis they sent us, they have spoken to quite a few Republican be Secretary of Homeland Security, I said some of the assumptions on which Senators. I hope they give us the ben- called him and I said: Congratulations. this analysis was conducted are, frank- efit of the doubt. What can I do to help get you con- ly, out of date and that the informa- We are not working from a position firmed and to confirm the team you tion we have shared with you is maybe of weakness. The American people want around you? not as valid as it otherwise would be.

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4439 We renewed the request and asked for Senate floor. Frankly, we have not got- EPA; and our country would be on the the comparative analysis of the Presi- ten an altogether satisfactory re- road to having air that is cleaner to dent’s proposal of the clear skies with sponse. breathe and less polluted with sulfur the Jeffords proposal and our proposal The responses are getting a little bet- dioxide, nitrogen oxide, and mercury; in the middle. We found out in 2004—we ter, but we are not quite where I think and we would have a world where the heard the information could not be pro- we need to be. Stephen Johnson is a threat of global warming has been re- vided because it looked as if Congress, good man. He will be a good adminis- duced a little bit as well. Those are two the Environment and Public Works trator if this administration will let good outcomes. Committee, was not going to move to him do his job. If we do not have the My hope is, before we push this ball cleaner legislation in 2004, so they did scientific analysis we need to be able any further down the court, we can not want the EPA to do the analysis. to use good science to decide how far, come to agreement and get those two We renewed our request in 2005 for how fast to go in reducing the emis- things done. the comparative analysis, and we were sions of these four pollutants, we are Mr. President, I yield back my time told that no, the EPA does not have not going to get a clean air bill. It is and thank the Senator from Pennsyl- time because we are moving so quickly just that simple. vania for his accommodation. toward enactment of clean air legisla- Someday, we will have a Democratic Mr. President, I suggest the absence tion. President. It could be in a couple years. of a quorum. We are now in a situation where the It could be longer than that. Someday, The PRESIDING OFFICER. The President’s proposal was not approved we will have a Democratic majority in clerk will call the roll. by committee, and we are not moving the Senate, maybe even in the House. I The legislative clerk proceeded to anything. The only thing that is mov- do not think it should matter who is in call the roll. ing right now is lawyers—to file law- the White House or who is in the ma- Mr. SANTORUM. Mr. President, I suits on behalf of environmental jority here in the Senate. We need to ask unanimous consent that the order groups or on behalf of utilities. It is work across the aisle on issues such as for the quorum call be rescinded. not a good situation. this. If you look at the history of this The PRESIDING OFFICER. Without I came here to legislate. I didn’t body: clean air, bipartisan legislation; objection, it is so ordered. come here to litigate. I came here to clean water, bipartisan legislation; Mr. SANTORUM. Mr. President, I get things done. brownfields, bipartisan legislation. ask unanimous consent to speak as in We have about 50,000 people in my If we are going to find agreement, morning business. State who suffer from asthma, and common ground on multipollutant leg- The PRESIDING OFFICER. Without about 20,000 of them are kids. We have islation, it is going to be because we objection, it is so ordered. too much smog in my State—the ozone work together, not because EPA was f problem and too much smog—espe- compelled to withhold data or informa- SENATE TRADITION ON JUDICIAL cially in the summertime, more than tion from one side or the other, but be- NOMINATIONS we do in other parts of the country. We cause they shared that information, have in my State too much mercury and we used that information and good Mr. SANTORUM. Mr. President, I that has been ingested by fish, and science to go forward. had the opportunity to listen to the pregnant women in Delaware and other Let me close with this. There is Democratic leader for a few moments places around the country eat those going to be a vote on cloture—it could talking about the House of Representa- fish. There are high levels of mercury be tomorrow; it could be Friday—on tives and the compromise the House of in those fish. We know what it does to Stephen Johnson. As much as I am Representatives just achieved on their the brains of the unborn those preg- convinced he is a good man and would ethics consideration. nant women carry. be a good administrator of EPA, I am Three comments about that com- Not everybody believes carbon diox- even more convinced we need not just a promise: No. 1, it is interesting that ide leads to global warming and that good person to head up EPA, but we ‘‘compromise’’ means the Republicans we are actually seeing a temperature need strong, balanced multipollutant do what the Democrats insisted upon rising on this planet of ours. I will tell legislation in this country. The only them doing. That is a compromise, No. you NASA says this year will be the way I believe that legislation is going 1. warmest year on record since we have to move through our committee and No. 2, that compromise meant the been keeping records, and we have been through this Senate is if we have good, House went back to the way the House keeping records for 150 years. We are comparable analysis, good comprehen- has always done things when it came told that 9 out of the last 10 years have sive analysis. It is not hard to get. to ethics. The compromise was to go been the warmest years since we have I spoke with Mr. Johnson twice back to the precedent and rules of the been keeping temperature records in today. He was good enough to respond House they have always used. this country. to me in writing to my requests. We Third, that compromise means—and The glaciers—I have seen some of met and talked a number of times. He the Senator from Oklahoma has had them, and maybe others here have, has suggested to me what he thinks experience over in the House, as have too—are disappearing way up North might be a compromise on the amount I—the rules of the House will continue and way down South. The snowcaps on of information they would be willing to to be that if a Member has an ethics some of the tallest mountains in the share. I responded, in turn, with a claim filed against them by someone— world are disappearing, too. We are ac- counterproposal. In my judgment, it is and the Ethics Committee is equally tually seeing temperatures rise. We are eminently reasonable. divided—particularly, if it is a Member seeing sea levels rise. I would hope somebody on the other where there happens to be political I am not going to get into an argu- side—our Republican friends either value in having an ethics claim filed ment today about whether there is a here or down at 1600 Pennsylvania Ave- against them, if the other side decides, real problem. I believe there is. I re- nue—would see that maybe the better politically, they are simply not going spect the views of others who disagree, part of valor and a way to get to a win- to hear the case, it stays on the docket but I think the preponderance of sci- win situation is to simply say: We will forever, for as long as the session lasts, entific evidence says we need to get provide the information that has been with no need to dispose or rule on that. started on this issue. requested. We will stop squabbling So the ethics charge hangs out there How does that lead us to the nomina- about it and just provide it. without a decision. It automatically tion of Stephen Johnson? I have been If they do that, we can negotiate in goes forward, in other words, unless asking for 3 years, from the EPA, for earnest this spring on a multipollutant there is a decision on the part of a bi- scientific analysis that will enable our bill; and we can pass, this year, that partisan majority to end the discus- committee and, frankly, the Senate to legislation. I would call that a win-win sion. decide what kind of clean air legisla- situation—a win-win because Stephen I think what we have seen in the tion, multipollutant legislation, to Johnson would be allowed, literally, to past—and I know Members of the move out of committee to bring to the be confirmed this week to head up House are concerned about this—is

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4440 CONGRESSIONAL RECORD — SENATE April 27, 2005 that there has been an abuse, a wants us to get things done. Then don’t way this body functions or politicization of the ethics process. We change the rules of the game and then ‘‘misfunctions’’ as a result. all know how damaging it is because complain the public is angry with the So for that moment in which I really the only thing we have in this body and fact that we are not getting things wanted to block their nominations, before our constituents is our word and done. Look at the cause of the con- when TRENT LOTT and ORRIN HATCH our reputation. They are intangible troversy. filed cloture on those two nominees to things that are easily affected and cer- The cause of the controversy lies move the vote forward, not to block tainly are affected when ethics charges with the previous leader of the Demo- their nomination, but to move their are filed. That does not mean ethics crats, who put forward a strategy, a vote forward, I voted along with 85 of violations have been found but simply plan, a scheme to fundamentally shift my colleagues. A vast majority of Re- that ethics charges have been filed. the power away from the President to publicans and all the Democrats voted The mere fact a charge has been filed 41 Members of the Senate to determine to allow their vote to come. Richard is a very damaging thing to the reputa- what nominees will be confirmed in the Paez did not get 60 votes when his con- tion of a Member. To have that out Senate. That could have been done. I firmation came up. In other words, had there, without any need for disposition, would agree with the Senator from Ne- we wanted to filibuster Richard Paez, I think is very dangerous and has prov- vada and everybody else here. It could we would have been successful. He en to be—and I think will continue to have been done 200 years ago. It could would not have gotten 60 votes. He be—a bad precedent. have been done 100 years ago. It could would not be a judge on the circuit But that is compromise. I make the have been done 10 years ago. But it today had we wanted to block his nom- argument that capitulation is not com- never was done. We showed restraint. I ination. promise. But I will agree on the second showed restraint. But my belief is—and the vast major- point I made, that going back to the The Senator from Nevada talked ity of Republicans’ belief was at that way we have done things in the past is about how I could look back at the time—as much as we opposed the nomi- usually a pretty good idea when you Clinton administration and see how nation, we supported the tradition and really aren’t sure how to deal with President Clinton’s nominees were dis- the precedent of the Senate because we things. So I too say I am glad that the advantaged. Let’s look back to the are but stewards of this place. We don’t speaker, the leader, and others in the Clinton administration. I can think of own this institution. Yes, we say we House have broken this logjam, and two people I recall very clearly to run this institution. We don’t run this they have done so in a way they can at whom I was adamantly opposed. They institution. We are simply stewards. least move the process forward in the had records as judges that were deplor- We are passersby. When we crack the House. I too commend the Republican able in my mind. They didn’t follow foundation of the way things have been leadership for trying to move it for- the law. They were activists on the done and worked for this country for ward. court. They put their interpretation 200-plus years, we leave behind a foun- I will say the same thing could be and their views ahead of the law re- dation that may not sustain us as a done here in the Senate. If we have a peatedly. Richard Paez and Marsha people. sincere disagreement as to how we Berzon were their names. They were To stand before the Senate, as my should proceed with respect to judicial nominated for the circuit court. colleagues on the other side of the aisle nominations, we could look to the ex- I adamantly opposed them. They have done repeatedly over the last few ample of the House of Representatives were bad judges and, in my opinion, weeks, and talk about how they are and go back to the way we did things this country would be in worse shape being aggrieved by what the Senate Re- for years and years and years. The way by having them on the circuit court. I publicans are trying to do and calling we have done things for years and wanted them defeated. They were this the nuclear option repeatedly, and years and years, 214 years prior to the against a lot of what I strongly be- suggesting somehow or another this is last session of Congress, was that lieved was bad for this country. That is destroying the filibuster, when it was nominations that came to the floor of what they were for, things which I never used—underscore that, never the Senate received an up-or-down strongly believed were bad for the used—to block a judge on the floor of vote. country. the Senate prior to the last session of It was very interesting. The Senator There were a lot of groups outside, a Congress, when the Democratic minor- from Nevada criticized one of our Re- lot of conservative groups, just as they ity decided they could not resist, they publican Members who suggested that are hearing from a lot of liberal groups, had to put politics over process. They we would be willing to compromise by who said: Do it, block their nomina- had to put partisanship over the sta- not including all executive nomination. Yes, they have majority support, bility of this institution for the long tions, just including certain executive but block their nomination because term. nominations. When that was proffered, they will do so much damage. They are I suspect there are a lot of folks on the Senator from Nevada criticized this bad. That is what these outside groups the other side of the aisle who regret compromise and said: It is disingen- were saying: These folks will under- that happening, and they probably re- uous because it is not intellectually mine the judiciary. gret it today. Where are the states- consistent. Lots of compromises aren’t. There is always a temptation to let men? Where are the folks who quietly But that was for the sake of com- the current fury cloud your judgment whisper to one another that this was promise, to say that we believe—and and to think about the immediate po- wrong? Where are they to stand up and 214 years of history have shown, and litical posture or the next election or set it straight? the tradition and the precedent of the the folks who brought you here and do I desperately hope we do not have to Senate is—when executive nominations what they ask you to do. cast this vote on the floor of the Sen- arrive on the floor of the Senate, they We had a leader, at that time, in ate to return the precedent of the Sen- receive an up-or-down vote. That is the TRENT LOTT, and we had a chairman, in ate to the way it has been for 214 years precedent. There is not one instance in ORRIN HATCH, who said: I understand because it would show what two sides which someone who had majority sup- how you feel. I oppose these judges too. were able to do for 214 years. I say to port here on the floor of the Senate for But there is something more here in the Presiding Officer from Oklahoma, a judicial nomination did not receive the Senate than the passions of the think about all of the conflicts and an up-or-down vote and get confirmed, day. There is something more than the passions that have occurred through not one precedent until 2 years ago. groups who may support your cam- all of the great debates in the Senate. Then things changed. paigns today. When we do things that People were shot in the Senate, and So we have suggested we would like change the precedent of the Senate, it there were fisticuffs and beatings. The to go back to that 214-year precedent ripples, maybe forever, and can fun- passions must have been incredible at that served this country very well. We damentally change the balance of certain times. But we always were able didn’t have the acrimony we see here power, the way the judiciary functions, to understand that there were some today. The Senator from Nevada re- the way the executive functions and, as things bigger than the passion of the peatedly talked about how the public you have seen in the last 2 years, the moment. This institution is one of

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4441 them. The way this institution func- and check the record. I find it hard to offering this rather savory morsel out tioned to balance powers was one of believe. He said Senator FRIST came to there for those of us who recently came them. What the other side of the aisle the floor yesterday and said he would to the Senate and wanted to get a lot is doing, I say to the Senator from Illi- not be a party to any negotiation on of things done and understood how dif- nois, is fracturing the foundation of this issue. That is what the Senator ficult it would be. We had a Contract this institution. from Illinois said. With America, we may recall—the So I hope we don’t have a vote. I hope Let me review the record. Senator House was moving forward and wanting we don’t have a vote. I hope there will FRIST, in the last session of Congress, to pass a lot of bills. We had a lot of be some on both sides of the aisle who offered a compromise with Zell Miller momentum over here. There was a part would look to the 214-year precedent called the Frist-Miller approach. It was of me that said: That would be great, when, in spite of strong disagreements, a compromise. It is still a compromise we could get rid of this. I said: No, the the Senate was able to find comity to that is out there. I know for a fact— Founders had it right, the traditions of get things done. and I suspect others on the other side the Senate are right. We do not need to We need to get things done. I know of the aisle do, too—that Senator FRIST change this institution because of the the Democratic leader has threatened has repeatedly offered compromises to whims of the moment, because of the to shut down the Senate—his words, the Democratic leader. passions of the day, because of the in- not mine, ‘‘shut down the Senate’’—if I know also for a fact that the Senate terest groups off Capitol Hill that they don’t get their compromise. What majority leader, Senator FRIST, is very would want us to do so. is their compromise? They want to much open to negotiation and com- No, we have a higher duty. We have a continue to do what they did in the promise, to return the precedent of the higher duty. That duty is to this insti- last session of the Congress. That is Senate and find a way in which we get tution because this institution is the their compromise. I find it somewhat back to what was just lauded by the bulwark of this democracy that pro- remarkable that the Senator from Illi- other side of the aisle—returning, as tects us from doing rash and some- nois praised the Senator from Nevada the House just did, to the way they times irrational things in which at for his ‘‘compromise.’’ His compromise have always done things. So, too, times the public gets swept up. No, says if the ten judges they were block- would we like to do that—return to the that is what this institution is for ing from the last session—they have way we have always done things. But when it comes to legislative passions. successfully blocked three because that is too much of a reach, I suspect, By the way, there were 19 people, 19 they have been withdrawn, and now for some because we have partisan Democrats who voted to end the legis- they are suggesting they want to block agendas. We have, even more so, I sug- lative filibuster, but not one Repub- at least three more. They don’t care gest, not just partisan agendas because lican. Not one. So the legislative fili- which ones they are. I know this was I think in part it is driven by partisan- buster is important, and it will remain all driven by pure concern about each ship, but I think it is mostly driven by in place as a result of anything we do and every one of these, but for some ideology. over the next few weeks with respect to reason they can pick which three. What I think is sadly true is that the judicial nominations. Some might suggest this is less about agenda of the other side of the aisle— I close by saying I am hopeful we can the individual and more about politics, which we have not seen a whole lot of find a compromise, but what I keep but now we are sort of in this com- as far as solutions; we have seen a lot hearing from the other side is this in- promise and, fine, let’s compromise. of obstruction, not a whole lot of ideas credible spinning that somehow or Fine. We will take ten, we get to kill but a lot of obstruction—is not accom- other what has gone on here in the last six, and you get to pick the four we plished in democratic forums anymore. 2 years was part of the normal course, move forward with. That is com- It is accomplished through the courts. and the fact that this was done in pre- promise. Oh, and by the way, we re- So I think what we are seeing is a gasp vious Congresses, as the Senator from serve the right to continue to do this of saying that we can no longer win Nevada mentioned, in committee, in in the future. This is the great Henry elections on our agenda. We can no committee these nominations were Clay type of statement that we see be- longer win votes on the floor of the killed. fore the Senate: Of the ten that we Senate with our agenda—the most rad- Were these nominations killed? Some have blocked—against every precedent ical elements of our agenda, anyway— nominations were held and defeated in of the Senate—we will take six, and so we must hold on to the courts. We committee, that is right. By whom? By these fine individuals, all well qualified the majority—by the majority. The by the ABA—the ‘‘gold standard,’’ in must hold on and make sure those individuals who are willing to be activists majority on the floor of the Senate has Senator LEAHY’s words, not mine—we defeated nominations. The majority in will take these fine upstanding people on the court and overturn the will of committee has defeated nominations. in the community and tarnish their the Congress, create new rights in the But never before has the minority in reputations for the rest of their lives. Constitution, bypass the democratic By the way, you pick the three we process, amend the Constitution committee defeated a nomination. are going to tarnish, and we will let through court edict, as opposed to the Never before has the minority on the you have four nominees. By the way, traditional way laid out by our Found- floor defeated a nomination. Never be- you can go ahead and expect that we ers, we want to make sure that we still fore has the minority been able to dic- will block others in the future. have the ability to enact our agenda on tate to a President who they will nomi- That is their compromise. That is the the courts. nate either for their Cabinet or for great olive branch: We will continue to Another point I will make is that I some of the most important positions abuse 214 years of history. am very much for the filibuster. I be- in the judiciary. Never before until I ask anyone if you can point out one lieve the filibuster is exactly what our now. nominee for the court on the floor of Founders intended when it comes to This is taking power away from a the Senate who had majority support legislation—absolutely what they in- popularly elected President who, under who was blocked by filibuster. Name tended, that the Senate would be a the Constitution, has the right to one who had majority support. It never place where the hot tea would be nominate people. President Clinton, I happened. So what is the compromise? poured into the saucer and cooled. I believe, had over 350 judges confirmed. The compromise is that six judges who support it and, in fact, I voted to sup- I think I voted against maybe 5, 6, had majority support on the floor of port it because when I was first elected something like that; less than 10, I the Senate will be denied confirmation, to the Senate, some Democratic Mem- know that. I did not agree ideologically and we will do so to others in the fu- bers offered a change to the rules that with probably more than 10, but as I ture if we so desire. That is the com- would have eliminated the filibuster went home and had to face some of my promise. I don’t think most people ob- and gone to a simple majority on all constituents who were upset with me jectively looking at that would see legislative matters. for voting for one judge or another be- that as much of a compromise. This was interesting because at the cause they did not like their politics, I The Senator from Illinois said an- time, as I said, the Republicans were in said: You will have to take it up with other remarkable thing. I will go back the majority, and yet Democrats were the American people because President

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4442 CONGRESSIONAL RECORD — SENATE April 27, 2005 Clinton won the election, and he has a The Senator from Pennsylvania says that ‘‘he was ready to call off an expected fil- right to nominate who he wants as it has always been a majority vote. ibuster and vote immediately on Manion’s long as they are within the main- Sadly, he is mistaken. There has al- nomination.’’—Congressional Quarterly Al- manac, 1986. stream. That does not mean they are ways been the opportunity for fili- 1994: Rosemary Barkett to be a Judge on going to agree with me philosophically. buster on a nomination. the Eleventh Circuit Court of Appeals ‘‘. . . There are a lot of people in the main- So he was mistaken in that asser- lacking the votes to sustain a filibuster, Re- stream who are center and left of cen- tion. publicans agreed to proceed to a confirma- ter who have a right to serve, as people The second thing the Senator from tion vote after Democrats agreed to a day- who are right of center have a right to Pennsylvania was mistaken about was long debate on the nomination.’’—Congres- serve, and I am not going to impose my his oft-repeated comments that never, sional Quarterly Almanac, 1994. ideology on somebody else’s nominees. ever, not once in the history of the Following are comments by Republicans Senate—we hear it from the Senator during the filibuster on the Paez and Berzon That is what is going on today. It is nominations in 2000, confirming that there an ideological litmus test, and it is from Pennsylvania and others has a fil- was, in fact, a filibuster: now infecting this body to the det- ibuster been used on a judicial nomina- ‘‘. . . it is no secret that I have been the riment of the Senate. tion. It has never been done until the person who has filibustered these two nomi- I hope cooler heads will prevail, and Democrats recently did it to a number nations, Judge Berzon and Judge Paez.’’— that those of us who showed restraint of President Bush’s nominees. Senator Bob Smith, March 9, 2000. and did not vote for filibusters, voted Unfortunately, again, history is not ‘‘So don’t tell me we haven’t filibustered on the side of the Senator from Penn- judges and that we don’t have the right to for cloture on nominees we did not filibuster judges on the floor of the Senate. like—that there will be those who will sylvania. On 12 different occasions, be- Of course we do. That is our constitutional stand up and do the same on the other ginning in 1881, filibusters have been role.’’—Senator Bob Smith, March 7, 2000. side of the aisle in the future. used to stop judicial nominations. In ‘‘Indeed, I must confess to being somewhat Mr. President, I yield the floor, and 1881, it was Stanley Matthews to be a baffled that, after a filibuster is cut off by suggest the absence of a quorum. Supreme Court Justice; 1968, Abe cloture, the Senate could still delay a final The PRESIDING OFFICER. The Fortas to be Chief Justice of the Su- vote on the nomination.’’—Senator Orrin clerk will call the roll. preme Court was subjected to a fili- Hatch, March 9, 2000, when a Senator offered The legislative clerk proceeded to buster; right on down through the Clin- a motion to indefinitely postpone the Paez nomination after cloture had been invoked. call the roll. ton administration, when, in fact, on In 2000, during consideration of the Paez Mr. DURBIN. Mr. President, I ask two different occasions—maybe more, nomination, the following Senator was unanimous consent that the order for as I look at this list—there were fili- among those who voted to continue the fili- the quorum call be rescinded. busters applied to Clinton nominees. buster: Senator Bill Frist—Vote #37, 106th The PRESIDING OFFICER. Without So for the Republican side of the aisle Congress, Second Session, March 8, 2000. objection, it is so ordered. to consistently state what history tells Mr. DURBIN. Mr. President, the Sen- f us is not true is unfortunate. ator from Pennsylvania is very discreet I ask unanimous consent to have in how he explains his view of dealing FILIBUSTER HISTORY printed in the RECORD this history of with judges, that every judge should be Mr. DURBIN. Mr. President, I know filibusters and judges so anyone who allowed a majority up-or-down vote. it is late, and I will be very brief. I follows congressional proceedings can That is not a bad concept if that really want to make a quick response to my read the names and circumstances for was what the Senator from Pennsyl- colleague and friend from Pennsyl- each and every judge who has been sub- vania could point to in his own record. vania, Senator SANTORUM. I am sorry I jected to a filibuster in the history of Under President Clinton’s administra- had to leave the floor while he was the Senate. tion, nine of the President’s judicial speaking. There being no objection, the mate- nominees to the Commonwealth of What I am about to say I would be rial was ordered to be printed in the Pennsylvania were confirmed by the happy to say with Senator SANTORUM RECORD, as follows: Senate, while eight were never even in the Chamber and would be happy to HISTORY OF FILIBUSTERS AND JUDGES given hearings before the Judiciary respond to tomorrow. The Senator Prior to the start of the George W. Bush Committee. So the Senators who are from Pennsylvania made the point that administration in 2001, the following 11 judi- now begging for majority votes and he thinks the golden rule here is, the cial nominations needed 60 (or more) votes— majority rules thought nothing of clos- principle here is that every judicial cloture—in order to end a filibuster: eting and burying these judicial nomi- nominee is entitled to a majority vote 1881: Stanley Matthews to be a Supreme nees under the Clinton administration, Court Justice. up or down. to the point where they had no possi- That is an interesting idea, and it 1968: Abe Fortas to be Chief Justice of the Supreme Court (cloture required 2⁄3 of those bility of being confirmed. might be appealing to some people if voting). Let me be specific. John Bingler was they do not know the rules of the Sen- 1971: William Rehnquist to be a Supreme nominated by President Clinton. Sen- ate. For 214 years, we have said if you Court Justice (cloture required 2⁄3 of those ator SANTORUM exercised his discretion bring an amendment, a bill, or a nomi- voting). over nominations in his State and held nation to the floor of the Senate, it is 1980: Stephen Breyer to be a Judge on the up this nomination for 2 years, until subject to Senate rules. And Senate First Circuit Court of Appeals. Mr. Bingler withdrew. rules are very clear. Any Senator can 1984: J. Harvie Wilkinson to be a Judge on the Fourth Circuit Court of Appeals. Robert Freedberg, another nominee take the floor and begin a debate and 1986: Sidney Fitzwater to be a Judge for by President Clinton. Senator hold the floor as long as that Senator the Northern District of Texas. SANTORUM delayed the entire slate of physically can, unless 60—now 60 mem- 1986: William Rehnquist to be Chief Justice judicial candidates, saying the Presi- bers of the Senate—vote otherwise. So of the Supreme Court. dent didn’t honor an earlier agreement you need an extraordinary majority— 1992: Edward Earl Carnes, Jr. to be a Judge to nominate a particular Pittsburgh on the Eleventh Circuit Court of Appeals. 60 Senators—to stop a filibuster. That attorney whom he, Senator SANTORUM, is the way it has always been. 1994: H. Lee Sarokin to be a Judge on the Third Circuit Court of Appeals. wanted. In the beginning it was different. 1999: Brian Theadore Stewart to be a Judge Lynette Norton. As was reported by Senators could not stop a filibuster for the District of Utah. the Pittsburgh Post Gazette on July 22, until 1919. In 1919 it took 67 votes; a few 2000: Richard Paez to be a Judge on the 2000: years back we changed that to 60 votes. Ninth Circuit Court of Appeals. Sen. Rick Santorum insisted yesterday the But it has always taken more than a 2000: Marsha Berzon to be a Judge on the Senate will not act on any nomination for majority to stop a filibuster. Ninth Circuit Court of Appeals. the U.S. District Court here until next presi- In ‘‘Mr. Smith Goes to Washington,’’ Because of a filibuster, cloture was filed on dential administration . . . the following two judicial nominations, but Jimmy Stewart is on the floor, holding was later withdrawn: He was very clear on what his agenda the floor as long as he did. That is the 1986: Daniel Manion to be a Judge on the was: it was to hold up nominations Senate. That is the tradition of the Seventh Circuit Court of Appeals Senator that were going to be filled by Presi- Senate. Biden told then Majority Leader Bob Dole dent Clinton until, hopefully, in his

VerDate Mar 15 2010 21:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\2005SENATE\S27AP5.REC S27AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2005 CONGRESSIONAL RECORD — SENATE S4443 eyes, a Republican President was elect- Thereupon, the Senate, at 6:59 p.m., To be rear admiral (lower half) ed. adjourned until Thursday, April 28, 2005 CAPT. MARK W. BALMERT, 0000 Repeatedly, Senator SANTORUM used at 9:30 a.m. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT his own form of a filibuster to deny f IN THE UNITED STATES NAVY TO THE GRADE INDICATED even a hearing or a vote in the Senate UNDER TITLE 10, U.S.C., SECTION 624: NOMINATIONS to these judicial nominees. Now he To be rear admiral (lower half) stands aghast, appalled, incredulous, Executive nominations received by CAPT. RAYMOND E. BERUBE, 0000 CAPT. JOHN J. PRENDERGAST III, 0000 that anyone would oppose a judicial the Senate April 27, 2005: EXECUTIVE OFFICE OF THE PRESIDENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT nominee of President Bush. IN THE UNITED STATES NAVY TO THE GRADE INDICATED We should stand by the traditions of BEN S. BERNANKE, OF NEW JERSEY, TO BE A MEMBER UNDER TITLE 10, U.S.C., SECTION 624: OF THE COUNCIL OF ECONOMIC ADVISERS, VICE NICH- the Senate. Let’s not change the rules OLAS GREGORY MANKIW, RESIGNED. To be rear admiral (lower half) in the middle of the game. Let’s not UNITED STATES INTERNATIONAL TRADE CAPT. KEVIN M. MCCOY, 0000 CAPT. WILLIAM D. RODRIGUEZ, 0000 violate the time-honored principle of COMMISSION checks and balances which says the SHARA L. ARANOFF, OF MARYLAND, TO BE A MEMBER Senate as an institution will have the OF THE UNITED STATES INTERNATIONAL TRADE COM- f MISSION FOR A TERM EXPIRING DECEMBER 16, 2012, VICE last word on lifetime appointments to MARCIA E. MILLER, TERM EXPIRED. the Federal bench. DEPARTMENT OF STATE CONFIRMATIONS Even though President Bush has been DAVID HORTON WILKINS, OF SOUTH CAROLINA, TO BE Executive nominations confirmed by successful with over 95 percent of his AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY the Senate Wednesday, April 27, 2005: nominees being approved by the Sen- OF THE UNITED STATES OF AMERICA TO CANADA. DEPARTMENT OF AGRICULTURE ate, mark my words, a few of them NATIONAL LABOR RELATIONS BOARD should not have been approved for life- DENNIS P. WALSH, OF MARYLAND, TO BE A MEMBER OF CHARLES F. CONNER, OF INDIANA, TO BE DEPUTY SEC- THE NATIONAL LABOR RELATIONS BOARD FOR THE RETARY OF AGRICULTURE. time appointments. Our view on our TERM OF FIVE YEARS EXPIRING DECEMBER 16, 2009. (RE- DEPARTMENT OF STATE side of the aisle, both liberal and con- APPOINTMENT) IN THE NAVY HOWARD J. KRONGARD, OF NEW JERSEY, TO BE IN- servative, a handful went too far. Their SPECTOR GENERAL, DEPARTMENT OF STATE. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT positions on the role of Government in ENVIRONMENTAL PROTECTION AGENCY IN THE UNITED STATES NAVY TO THE GRADE INDICATED protecting our health and safety, the UNDER TITLE 10, U.S.C., SECTION 624: LUIS LUNA, OF MARYLAND, TO BE AN ASSISTANT AD- role of Government in protecting our To be rear admiral MINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY. environment, the rights of women, pri- REAR ADM. (LH) ALAN S. THOMPSON, 0000 vacy under our Constitution, their MISSISSIPPI RIVER COMMISSION THE FOLLOWING NAMED OFFICER FOR APPOINTMENT views were so extreme and so radical IN THE UNITED STATES NAVY TO THE GRADE INDICATED MAJOR GENERAL DON T. RILEY, UNITED STATES UNDER TITLE 10, U.S.C., SECTION 624: ARMY, TO BE A MEMBER AND PRESIDENT OF THE MIS- they were not deserving, at least to the SISSIPPI RIVER COMMISSION. mind of many of my colleagues, to To be rear admiral BRIGADIER GENERAL WILLIAM T. GRISOLI, UNITED STATES ARMY, TO BE A MEMBER OF THE MISSISSIPPI REAR ADM. (LH) NANCY J. LESCAVAGE, 0000 have a lifetime appointment to the RIVER COMMISSION. Federal bench. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE ABOVE NOMINATION WAS APPROVED SUBJECT TO It is best when in doubt to stick with IN THE UNITED STATES NAVY TO THE GRADE INDICATED THE NOMINEE’S COMMITMENT TO RESPOND TO RE- UNDER TITLE 10, U.S.C., SECTION 624: QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY the Constitution. It is best when in To be rear admiral CONSTITUTED COMMITTEE OF THE SENATE. doubt to stick with the traditions of THE JUDICIARY the Senate. It is best when in doubt to REAR ADM. (LH) JEFFREY A. BROOKS, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT J. MICHAEL SEABRIGHT, OF HAWAII, TO BE UNITED stick with the filibuster, which re- IN THE UNITED STATES NAVY TO THE GRADE INDICATED STATES DISTRICT JUDGE FOR THE DISTRICT OF HAWAII. quires compromise, requires biparti- UNDER TITLE 10, U.S.C., SECTION 624: IN THE COAST GUARD sanship, and moves us to a point where To be rear admiral COAST GUARD NOMINATIONS BEGINNING WITH CURTIS we can and must work together to REAR ADM. (LH) ROBERT B. MURRETT, 0000 L. SUMROK AND ENDING WITH JED R. BOBA, WHICH NOMI- NATIONS WERE RECEIVED BY THE SENATE AND AP- achieve goals of this Nation and to THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PEARED IN THE CONGRESSIONAL RECORD ON MARCH 14, serve the people who were kind enough IN THE UNITED STATES NAVY TO THE GRADE INDICATED 2005. to give us this great opportunity. UNDER TITLE 10, U.S.C., SECTION 624: COAST GUARD NOMINATIONS BEGINNING WITH MI- To be rear admiral (lower half) CHAEL T. CUNNINGHAM AND ENDING WITH DAVID K. YOUNG, WHICH NOMINATIONS WERE RECEIVED BY THE f CAPT. VICTOR C. SEE, JR., 0000 SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON MARCH 14, 2005. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ADJOURNMENT UNTIL 9:30 A.M. IN THE UNITED STATES NAVY TO THE GRADE INDICATED NATIONAL OCEANIC AND ATMOSPHERIC TOMORROW UNDER TITLE 10, U.S.C., SECTION 624: ADMINISTRATION To be rear admiral (lower half) The PRESIDING OFFICER. Under NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRA- CAPT. CHRISTINE M. BRUZEK-KOHLER, 0000 TION NOMINATIONS BEGINNING WITH PAUL ANDREW the previous order, the Senate stands KUNICKI AND ENDING WITH LINDSEY M. VANDENBERG, in adjournment until 9:30 a.m., Thurs- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WHICH NOMINATIONS WERE RECEIVED BY THE SENATE IN THE UNITED STATES NAVY TO THE GRADE INDICATED AND APPEARED IN THE CONGRESSIONAL RECORD ON day, April 28, 2005. UNDER TITLE 10, U.S.C., SECTION 624: APRIL 4, 2005.

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