June 13, 2005 CONGRESSIONAL RECORD — SENATE S6349 better able to focus their resources on practical and the moral dimensions of congressional delegation about 2 years economic development, education, America’s leadership. ago. health, infrastructure, and all the fun- Every human being needs and de- Just 15 years after attaining its inde- damentals that we know help to build serves the fundamentals of life: food, pendence from apartheid-led South Af- prosperity. shelter, water, safety. Countries that rica, Namibia has emerged as a They will be able to once and for all fail in any of these basic functions be- multiparty, multiracial democracy break the loan-debt-forgiveness cycle come dangerous places for their citi- with a stable market-based economy. that has undermined their ability to zens and potential threats to America’s Like many African countries, the grow and to invest. security. It is in our mutual interest to greatest threat to Namibia’s develop- Saturday’s agreement will help many promote peace and stability on the Af- ment and continued success is the of Africa’s poorest countries get on rican Continent. spread of the virus of HIV/AIDS. Na- their feet and make meaningful strides As a physician, I have had the oppor- mibia is one of the countries most ad- toward the future. tunity to travel extensively through- versely affected by HIV/AIDS. Already, President Bush and the Republican- out the continent. I have had the op- 22 percent of sexually active adults in led Congress have been steadfast sup- portunity to perform surgery and oper- Namibia are infected by HIV. AIDS ac- porters of Africa’s development. I per- ate in the oldest medical school on counts for half of the deaths among in- sonally have had the opportunity to that continent in Uganda. I have had dividuals between the ages of 15 and 19 visit the continent of Africa on eight the opportunity to treat patients for in Namibia and for 75 percent of all separate occasions, both as majority war injuries, injuries from a civil war hospitalizations in public facilities. leader and as part of medical mission in southern Sudan, to treat patients The continued spread of this disease work on that wonderful continent. We with HIV/AIDS. will have a devastating impact on the have consistently championed efforts From that perspective, I was so Namibian people and their efforts to to promote accountability, good gov- proud when the President today was build on their already remarkable ernance, political reform, and eco- talking at the press conference with achievements. For this reason, it is nomic growth. Overcoming the prob- the Presidents of those countries about critical to continue to fund the Presi- lems that afflict the continent is tough his HIV/AIDS initiative: $15 billion dent’s emergency plan for AIDS relief, work, it is difficult work, it is chal- committed by the United States, by or PEPFAR, to assist Namibia in their lenging work, but we are committed to our U.S. Congress, to combat what I battle against this terrible disease. helping Africa realize its rich poten- believe is the greatest moral, humani- PEPFAR funding for Namibia has in- tial. tarian, and public health challenge of creased from $23 million in 2004 to an Instead of seeing only problems and our times. I am also participating in an estimated $36 million in 2005. The ad- obstacles, we seek solutions. Instead of effort to help expand health care and ministration has requested $49 million offering a Band-Aid, we offered smart spread goodwill through that health for 2006, and I encourage my Senate aid. We as a country have much to be care across the globe. I believe—and I colleagues to support this funding as proud of in terms of our contributions. have had that little window to be able the Namibian people continue their One only need to look at the statistics. to see directly—that through the good fight against HIV/AIDS. So far this fiscal year, the United works of many talented women and Despite its openness and competitive- States has provided the continent of men of compassion medicine can be not ness, the Namibian economy still faces Africa with $1.4 billion in humani- only an instrument of health but by a number of challenges. Since 1990, the tarian relief. President Bush has tri- the delivery of that medicine and by annual per capita GDP growth rate in pled America’s contributions. the delivery of that public health care Namibia has averaged just 1.6 percent. Today, nearly a quarter of every aid can be a true currency for peace. The African Growth and Opportunity dollar to Africa comes from America, I have seen that real tangible inter- Acceleration Act is helping to cap- up from just 10 percent 4 short years vention can help bridge the gaps and italize Namibia’s economic potential. ago. Yes, we really for the first time misunderstandings that so often divide Already, AGOA is estimated to have demand accountability from these in- people, that can divide societies. We created 9,000 new jobs in Namibia. In vestments. These aid dollars today are see that phenomenon in Afghanistan addition, Namibia’s 2004 exports to the tied to economic and political reforms. and Iraq and we saw it in Southeast United States under AGOA are valued Our goal is to help these countries root Asia in the aftermath of the terrible at $161 million. out corruption, to address human tsunami tragedy. Countless health care These achievements I mention be- rights, to protect human rights, to pro- professionals from all over the world, cause they are a model for political and mote the rule of law, and to build a both volunteers and government work- economic reform throughout the Afri- stable, civil society, one that can meet ers, rushed to that devastated region to can Continent. Steady American sup- the needs and demands of a growing offer assistance. Private companies, port will enhance Namibia’s ability to and modern society. corporations, and nongovernment orga- contribute to Africa’s peace, security, Meanwhile, the African Growth and nizations offered services and supplies. and stability. The President has said Opportunity Acceleration Act, also The outpouring of support from all America has a special calling to come know known as AGOA, is already dem- over the world, led in many ways by to the aid of the African people and onstrating its poverty fighting power. American efforts, was truly an extraor- that ‘‘we will do so with the compas- Last year, the Senate passed and the dinary event, a moving testament to sion and generosity that has always de- President signed the African Growth our shared humanity. That is why in fined the United States.’’ and Opportunity Acceleration Act. As April I introduced the Global Health I look forward to working with my a result, U.S. exports to sub-Saharan Corps Act of 2005. America possesses a colleagues in the Senate and with the Africa have increased by 25 percent and vast reservoir of talent, skills, knowl- President to continue helping the con- America’s imports from these partici- edge, and compassion that can both tinent heal and grow. We care deeply pating countries are up 88 percent. Eco- help heal but also promote health, both about the future of Africa. With time nomic growth in sub-Saharan Africa is literally and figuratively, promoting and an unwavering commitment to at an 8-year high. our global ties. This is just one of the progress, I believe that together we can Our goal is to break with the old ap- many efforts we are making to help help Africa and its people share in the proaches of the past where success was promote peace and well-being on the blessings of peace and prosperity. measured in dollars. Instead, we want African Continent. We are also reach- f real, measurable results, proof that the ing out directly to individual countries African people are benefiting from our to help them tackle their most press- TRIBUTE TO JESSE R. NICHOLS efforts. And they are coming. I applaud ing problems. Mr. FRIST. Mr. President, I ask the President for his strong and prin- Today, I also had the opportunity to unanimous consent that the Senate cipled leadership. He understands that speak with the President of Namibia. now proceed to the consideration of S. Africa can be and is a place of great Namibia is one of Africa’s greatest suc- Res. 168, which was submitted earlier hope and opportunity. He sees both the cess stories. We were just there on a today.

VerDate jul 14 2003 03:45 Jun 14, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JN6.004 S13PT1 S6350 CONGRESSIONAL RECORD — SENATE June 13, 2005 The ACTING PRESIDENT pro tem- the committee staff and the Senators of Jesse Nichols, Sr., who passed away pore. The clerk will report. who depended on his professionalism on February 22, 2005. Jesse R. Nichols, The assistant legislative clerk read and accumulated knowledge. On his Sr., faithfully served the U.S. Senate as follows: 30th anniversary in the Senate, Mem- for over 30 years. He was the first Afri- A resolution (S. Res. 168) expressing grati- ber after Member rose to pay tribute to can American Clerk employed by the tude and sincere respect for Jesse R. Nichols. Mr. Nichols. Senator Russell Long U.S. Senate. There being no objection, the Senate praised Mr. Nichols for his consum- Jesse Nichols was born on June 14, proceeded to consider the resolution. mate professionalism, diligence, and 1909, in Clarksdale, MS. He began his Mr. FRIST. I ask unanimous consent devotion to this body. Delaware Sen- service when the late Pat Harrison of that the resolution be agreed to, the ator John R. Williams testified that Mississippi was the distinguished preamble be agreed to, and the motion over his three decades of service Jesse Chairman of the Finance Committee— to reconsider be laid upon the table. Nichols ‘‘earned the respect of those the committee I am now privileged to The ACTING PRESIDENT pro tem- former giants of this Senate, each of chair. Jesse was appointed as a messenger pore. Without objection, it is so or- whom was proud to call him a friend.’’ for the Finance Committee in 1936, and dered. Jesse Nichols was deeply respected was elevated about 6 months later to The resolution (S. Res. 168) was by his colleagues and was dearly assistant clerk of the Committee. At agreed to. missed when he retired from the Sen- that time, the staff of the Finance The preamble was agreed to. ate in 1971. On February 18th of this Committee numbered only three. The resolution, with its preamble, year, Jesse died a few months short of In 1967, on the occasion of his thir- reads as follows: his 96th birthday. Jesse Nichols lived a tieth anniversary on the Senate staff, S. RES. 168 full and long life. On behalf of the Sen- several members of the Finance Com- Whereas, Jesse R. Nichols, Sr., faithfully ate family, I recognize the contribu- mittee, led by Delaware Republican served the United States Senate and the tions of Jesse Nichols to this venerable John J. Williams, rose in the Senate Committee on Finance as the Government body. We are sincerely grateful for his chamber to pay tribute to Jesse Nich- Documents Clerk and Librarian from Nine- service and dedication. ols who had ‘‘earned the respect of teen Hundred Thirty-Seven through Nine- I yield the floor. teen Hundred Seventy-One; and those former giants of the Senate, each Mr. BAUCUS. Mr. President, today I of whom was proud to call him a Whereas, Jesse R. Nichols, Sr., was born on rise to pay tribute to Jesse R. Nichols, June 14, 1909, in Clarksdale, Mississippi, and friend.’’ was the first African American Clerk em- Sr. Mr. Nichols, who passed away on Senator Williams added that: ployed by the United States Senate; and February 15, was the first African- It is refreshing to meet a man who Whereas, he carried out his duties in exem- American clerk for the Senate Finance throughout the years has served the Senate plary fashion, bringing credit to the Com- Committee and one of its longest serv- and his country with but one thought in mittee and to Congress; and ing staff members. He worked with the mind, and that is, to do his job to the best of Whereas, Jesse Nichols worked effectively committee from 1937 to 1971. his ability, always remembering that as a under the guidance of Democratic and Re- Born in Clarksdale, MS, Mr. Nichols Government employee he is a servant of the publican Chairmen, including Pat Harrison came to the Finance Committee at a people. of Mississippi, Walter F. George of Georgia, time early in the building of its staff. Senate Republican Leader Everett Harry Flood Byrd of Virginia and Russell B. Dirksen added his endorsement, noting Long of Louisiana from the 75th Congress Back then, there were few, if any, Afri- through the 91st Congress. can-Americans on staff with the Sen- that: Whereas, the Committee on Finance will ate. At Finance, there were just three Thirty years of faithful and devoted serv- long remember the commitment, service and staff members with the committee and ice certainly deserves to be taken account of leadership of Jesse R. Nichols, Sr., as docu- no standing subcommittees. Today, in the proceedings of this body. mented in an oral history posted on the Sen- there are 70 staff members and 5 stand- An oral history interview conducted ate Historian’s Web site; and ing subcommittees. by the Senate Historical Office from Now, therefore, be it resolved, that the March 26 to April 12, 1994, is available United States Senate expresses its deep grat- During his more than 30 years with the committee, he created the commit- on the Senate Web site. The history itude and sincere respect for Jesse R. Nichols documents Jesse’s employment by the for his unfailing service and his dedication to tee’s archival system and became our the United States Senate. The Senate hereby resident historian. He also contributed Committee on Finance from the 75th expresses condolences to the family due to to the history of the Senate as a whole. Congress through the 91st Congress. the death of Jesse R. Nichols, Sr., on Feb- In 1994, he generously participated in He worked under the guidance of ruary 18, 2005. an extensive oral history for the Sen- Democratic and Republican Chairmen, Mr. FRIST. Mr. President, this reso- ate Historical Office. In it, he describes including Walter F. George of Georgia, I Senator Eugene Millikin of Colorado, lution expresses our gratitude and re- some of his most memorable moments Harry Flood Byrd of Virginia and Rus- spect to the family of Jesse Nichols. I during his long tenure. Mr. Nichols will take just a couple of moments to sell B. Long of Louisiana. rubbed elbows with some of the most Jesse Nichols’ service was faithful, comment on Jesse Nichols, who was important leaders of the day—but he exemplary and noteworthy. He served the first African-American clerk to be was excluded from eating in the Cap- not only the Finance Committee with employed by this body, the Senate. itol’s restaurant and cafeterias because class and grace, but also the Senate as Jesse Nichols was born on June 14, of his race. a whole during that critical period in 1909, in Clarksdale, MS. In 1930, Jesse On the day that Mr. Nichols cele- American history. I join my colleagues enrolled at Howard University where brated his 30th anniversary with the in recognizing Mr. Nichols’ life and am he hoped to study medicine, but his committee, several Senators paid him grateful to his service to our country. plans were derailed by the Depression, homage on the Capitol floor. They S. RES. 168 and he, as so many others, had to join noted that Mr. Nichols outranked the employment line. every member of the Finance Com- Whereas Jesse R. Nichols, Sr., faithfully After a stint working at a local deli- served the United States Senate and the mittee in terms of length of service. Committee on Finance as the Government catessen, Jesse secured a position at Senator Long in particular called Mr. Documents Clerk and Librarian from nine- the Reconstruction Finance Corpora- Nichols a ‘‘senior member’’ of the com- teen hundred thirty-seven through nineteen tion. Then in 1937, Senator Pat Har- mittee and ‘‘one of God’s best people.’’ hundred seventy-one; rison of Mississippi hired Jesse Nichols When Mr. Nichols finally retired in Whereas Jesse R. Nichols, Sr., was born on to join the Finance Committee as doc- 1971, the committee had to hire two June 14, 1909, in Clarksdale, Mississippi, and ument clerk/librarian. He became re- people to carry on his extensive work. was the first African American Clerk em- sponsible for the committee’s immense I salute Mr. Nichols for his long and ployed by the United States Senate; collection of tax codes and hearings, Whereas he carried out his duties in exem- trusted service to the Senate and send plary fashion, bringing credit to the Com- witness statements, and other publica- my heartfelt condolences to the Nich- mittee and to Congress; tions. ols family. Whereas Jesse Nichols worked effectively Over the days and the weeks ahead, Mr. GRASSLEY. Mr. President, under the guidance of Democratic and Re- Mr. Nichols became indispensable to today I want to pay tribute to the life publican Chairmen, including Pat Harrison

VerDate jul 14 2003 06:32 Jun 14, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JN6.006 S13PT1 June 13, 2005 CONGRESSIONAL RECORD — SENATE S6351 of Mississippi, Walter F. George of Georgia, the far too often partisan debate over was engaged in corporate, commercial, Harry Flood Byrd of Virginia and Russell B. judicial nominations that has occurred securities and employment litigation. Long of Louisiana from the 75th Congress over the last few years, it is refreshing In late 1989 Tom Griffith joined the through the 91st Congress; and to have before us a nominee whose past well-known and highly regarded Wash- Whereas the Committee on Finance will long remember the commitment, service and record of achievement has resulted in ington, DC, law firm of Wiley, Rein and leadership of Jesse R. Nichols, Sr., as docu- so many current supporters who are Fielding, first as an associate. Tom mented in an oral history posted on the Sen- firmly convinced that his future serv- specialized and excelled in complex en- ate Historian’s website: Now, therefore, be it ice on the bench will be successful. vironmental insurance litigation and Resolved, That the United States Senate One of the many reasons why I am regulatory investigations and was expresses its deep gratitude and sincere re- particularly proud to support Tom made a partner in the firm. spect for Jesse R. Nichols for his unfailing Griffith is because he is a constituent Between March, 1995 and March, 1999, service and his dedication to the United of mine. Mr. Griffith serves as assist- Tom Griffith served as Senate legal States Senate. The Senate hereby expresses counsel. This is a highly demanding job condolences to the family due to the death of ant to the president and general coun- Jesse R. Nichols, Sr., on February 18, 2005. sel of Brigham Young University. as the Senate legal counsel advises the As might be expected, Tom has many Senate on all legal matters related to f supporters at BYU. Here is what asso- the Senate including Senate investiga- RESERVATION OF LEADER TIME ciate dean and Professor Constance tions, the work of Senate committees, Lundberg at the J. Reuben Clark and defending acts of Congress and The ACTING PRESIDENT pro tem- School of Law has to say about the Senate resolutions. pore. Under the previous order, the nominee: During his time as Senate legal coun- leadership time is reserved. [Tom] is also a lawyer of unexcelled abil- sel, Tom faced the many challenges of f ity. He understands the differences between advising the Senate during the im- law and policy and has a deep understanding peachment of President Clinton. If EXECUTIVE SESSION of the powers and prerogatives of each of the there was ever a circumstance to test three branches of government. He is im- the temperament of a lawyer, his abil- mensely fair and compassionate. The laws ity to ascertain what the law is and NOMINATION OF THOMAS B. GRIF- and Constitution of the United States could FITH TO BE UNITED STATES CIR- not be in better hands. what prudence dictates, and to provide objective legal advice in a fair and CUIT JUDGE FOR THE DISTRICT Tom also has his supporters among OF COLUMBIA even-handed manner in a highly law school faculty off the BYU campus. charged atmosphere, surely it was the The ACTING PRESIDENT pro tem- For example, please listen to what Har- unique circumstances of the impeach- pore. Under the previous order, the vard Law Professor William Stuntz has ment trial. By all accounts, Tom Grif- Senate will proceed to executive ses- said about the qualifications of Tom fith came through in flying colors. sion and proceed to the consideration Griffith: After the impeachment trial, Tom re- of Calendar No. 66, which the clerk will I know a great many of talented men and joined the firm of Wiley, Rein and report. women in America’s legal profession; I’ve Fielding for about one year before tak- taught more than three thousand students at The assistant legislative clerk read ing his current position in Utah as the the nomination of Thomas B. Griffith, three top law schools, and I have friends scattered across the country in various kinds general counsel of Brigham Young Uni- of Utah, to be United States Circuit of law practice and in academics. I do not versity. Judge for the District of Columbia. know anyone whom I would rather see on the As you can tell from this thumb nail The ACTING PRESIDENT pro tem- federal bench than Tom Griffith. If he is con- sketch of Tom Griffith’s career, he is pore. The Senator from Kentucky. firmed, he will not just be a good judge. He’ll an achiever. He has had a terrific edu- Mr. MCCONNELL. Mr. President, I be a great one. cation and has done very well at very ask unanimous consent that I be al- That is certainly strong praise and, demanding schools. He has also distin- lowed to proceed as in morning busi- as I remember law school, getting guished himself in the practice of law ness. praise from law professors is never easy with one of the great law firms in this The ACTING PRESIDENT pro tem- unless you truly earn it. country, as Senate legal counsel, and pore. Without objection, it is so or- In order to become the lawyer he is in his current capacity as assistant to dered. today, Tom received a solid education. the president and general counsel at (The remarks of Mr. MCCONNELL are Back in 1978, Mr. Griffith received his BYU. printed in today’s RECORD under Bachelor’s degree from BYU. I am Many have relied upon Tom Griffith ‘‘Morning Business.’’) proud to say that we both graduated for sound legal advice. That is because The ACTING PRESIDENT pro tem- from BYU. I am also proud to tell you he is an excellent lawyer who provides pore. The Senator from Utah. that Tom graduated summa cum laude. excellent advice. Mr. HATCH. Mr. President, is the For those of us who are proud to call Despite the claims on his time made Griffith nomination before the Senate? Brigham Young University our alma by the various legal positions Mr. Grif- The ACTING PRESIDENT pro tem- mater, I want to note that BYU is our fith has held, he still found the time to pore. The Senator is correct. Nation’s largest private university and take on a number of voluntary assign- Mr. HATCH. Mr. President, I rise in is recognized by many as one of the fin- ments that demonstrate a commitment support of the nomination of Thomas est institutions of higher learning any- to serving those in need. For example, B. Griffith to serve as a judge on the where in the world. between 1991 and 1995 Mr. Griffith spent United States Court of Appeals for the Tom Griffith was the valedictorian of several hundred hours of his own time District of Columbia Circuit. the BYU College of Humanities. He was attempting to overturn the sentence of Because Tom Griffith served as Sen- chosen as the recipient of the pres- a death row inmate. Ultimately, the ate legal counsel from 1995 to 1999, tigious Edward S. Hinckley Scholar- strategy devised by Mr. Griffith was many Members of this body are very ship. successful in obtaining a pardon by familiar with his character, judgment, Mr. Griffith pursued his legal studies then-Governor, now-Senator GEORGE and record. For the benefit of those at the University of Virginia School of ALLEN on the eve of the scheduled exe- new members of this body and those Law. Once again, he distinguished him- cution. members of the public who are not fa- self by being selected as a member of Tom has volunteered to represent miliar with Tom Griffith, I want to the law review at the University of Vir- disadvantaged public school students spend the next few minutes detailing ginia. This is an honor that very few in disciplinary proceedings and has why his education, experience, and ex- law students achieve. helped operate soup kitchens or people pertise make him an excellent nominee Upon graduation from law school in in need. for this extremely important Federal 1985, Tom commenced his legal career I would also like to make my col- court. as an associate in the Charlotte, NC, leagues aware of Tom’s interest in, and As I will set forth, Tom has broad law firm of Robinson, Bradshaw and commitment to, the emerging democ- support on both sides of the aisle. In Hinson. During this time, Mr. Griffith racies in Central Europe. For the last

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