E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION Vol. 148 WASHINGTON, FRIDAY, SEPTEMBER 20, 2002 No. 120 House of Representatives The House was not in session today. Its next meeting will be held on Monday, September 23, 2002, at 2 p.m. Senate FRIDAY, SEPTEMBER 20, 2002 The Senate met at 10 a.m. and was APPOINTMENT OF ACTING noon. We are expecting to go out of ses- called to order by the Honorable THOM- PRESIDENT PRO TEMPORE sion shortly thereafter. AS R. CARPER, a Senator from the State The PRESIDING OFFICER. The This is in preparation for next week of Delaware. clerk will please read a communication which will be a very busy week. Every- to the Senate from the President pro one should understand that. Next week PRAYER tempore (Mr. BYRD). could be a very big week. We are going The legislative clerk read the fol- to do everything we can to complete The Chaplain, Dr. Lloyd John lowing letter: work on the homeland security bill. I Ogilvie, offered the following prayer: U.S. SENATE, have tried previously, in the form of Almighty God, we claim Your prom- PRESIDENT PRO TEMPORE, unanimous consent, and have been un- ise: ‘‘I will not forget you. See, I have Washington, DC, September 20, 2002. successful, but we really need to move inscribed you on the palms of my To the Senate: off the Interior appropriations bill. It hands.’’ So with confidence we pray the Under the provisions of rule I, paragraph 3, is obvious, because of the forest feud ancient Hebrew childhood prayer from of the Standing Rules of the Senate, I hereby appoint the Honorable THOMAS R. CARPER, a that is in that legislation, that that the 31st Psalm: ‘‘Father, into Your Senator from the State of Delaware, to per- bill is not going to go forward. We hands I commit my spirit.’’ As we pray form the duties of the Chair. should not be wasting the morning that prayer, we get ourselves off our ROBERT C. BYRD, standing around here doing nothing. own hands and into Your strong, com- President pro tempore. petent hands. We take each of the fears I hope the minority will allow us, by Mr. CARPER thereupon assumed the consent, to spend all day each day next in our jumbled mass of worries and Chair as Acting President pro tempore. concerns and commit them to You. week on the homeland security bill so f You have promised to keep us in per- we can finish that bill. The two or fect peace, if we allow You to keep our RESERVATION OF LEADER TIME three big amendments on that legisla- tion have not yet been offered. We ex- minds stayed on You. Interrupt us The ACTING PRESIDENT pro tem- pect that to happen early next week. when we get too busy and remind us pore. Under the previous order, the Later today, we will reoffer the unani- that we are here to serve You. When we leadership time is reserved. forget You, remind us that You never mous consent request that we tempo- f forget or forsake us. May that awesome rarily set aside the Interior bill and assurance steady our course and fill RECOGNITION OF THE ACTING move on to the homeland security bill our sails with the wind of Your power. MAJORITY LEADER on a full-time basis. That would be the You are our Lord and Saviour. Amen. The ACTING PRESIDENT pro tem- thing to do. pore. The deputy majority leader is I have said before—and I really be- f recognized. lieve this to be the case; I sadly say f this—that the minority is working to- PLEDGE OF ALLEGIANCE ward our accomplishing nothing. They SCHEDULE simply don’t want us to complete the The Honorable THOMAS R. CARPER led Mr. REID. Mr. President, at 10:30 we other appropriation bills. We have the Pledge of Allegiance, as follows: will vote on the nomination of Reena asked to be able to move off Interior I pledge allegiance to the Flag of the Raggi to be a United States Circuit and to go to another appropriations United States of America, and to the Repub- Judge for the Second Circuit. Fol- bill. They won’t let us do that. They lic for which it stands, one nation under God, lowing that vote, the Senate will be in said there would be no more two-track- indivisible, with liberty and justice for all. a period of morning business until ing of legislation, which is fine. But at ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S8957 . VerDate Sep 04 2002 04:13 Sep 21, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A20SE6.000 S20PT1 S8958 CONGRESSIONAL RECORD — SENATE September 20, 2002 least they should let us move off Inte- Mr. LEAHY. Madam President, today nees, Democrats on the Judiciary Com- rior so we can have full days on home- the Senate will confirm the nomina- mittee would have begun with 11 cir- land security. tion of Judge Reena Raggi to the cuit court vacancies, instead of the 33 The President says he wants this leg- United States Court of Appeals for the we inherited. With the 10 new circuit islation. His wants cannot be accom- Second Circuit. This is the 14th circuit court vacancies that arose over these plished unless we are able to legislate court nominee to be considered by the past 14 months, there would have been on a full-time basis on it. Once we get Senate since the change in Senate ma- a total of 24 circuit court vacancies for started on something, we are back on jority and reorganization of the Judici- this President to fill. Given the Demo- Interior doing nothing. It takes time to ary Committee 14 months ago. That is cratic pace of considering circuit court get revved up again on homeland secu- an average of one Court of Appeals nominees, even without any significant rity. I hope that can be accomplished judge a month since the Democratic cooperation or consultation from the today, that we can get off Interior. majority has been in place. This pace is White House, our circuit courts would It seems quite clear that the efforts almost double that maintained by the today be left with only 10 vacancies. to arrive at a compromise have failed. Republicans during their 61⁄2 years of That is what might have been, but for People have tried hard, and certainly control of the Senate. This is also the the determined, strategic blocking of no one is to be faulted, but sometimes 78th judicial nominee we have con- so many circuit court nominees during 1 we have issues that are irreconcilable. firmed in the past 14 months. the 6 ⁄2 years of Republican control of In the Senate, simple majorities don’t In contrast, our Republican prede- the Senate. Instead, after 14 circuit solve problems that are irreconcilable; cessors voted on only 46 of President confirmations, there remain 27 circuit it takes 60 votes. The proposition that Clinton’s more moderate Court of Ap- court vacancies—still fewer than at the start of this Congress but far from the majority has offered can’t get 60 peals nominations in their 76 months of control for an average of closer to one where we could have been. votes. The proposition of the minority The Judiciary Committee has al- can’t get 60 votes. It would be in the circuit court confirmation every other month. In fact, during the entire 1996 ready voted on 83 of this President’s ju- best interest of the country that we dicial nominees, including 17 nominees move off that legislation. Maybe later session the Senate Republicans stalled all Court of Appeals nominees and not to the Courts of Appeal. Two additional someone will come up with some kind circuit court nominees have had hear- of a brainstorm to figure some way out a single one was confirmed. Court of Appeals vacancies went from 16, when ings and another is scheduled for a of it, but at this stage we have not been hearing this coming week. The Senate able to. the Republicans took over in January 1995, to 33 by the time they finally re- Judiciary Committee has already voted f linquished control last summer and al- on more circuit and district court MORNING BUSINESS lowed the Judiciary Committee to re- nominees than in any of the previous 1 organize. During the Republican stall 6 ⁄2 years of Republican control. In fact, The ACTING PRESIDENT pro tem- Democrats have given votes to more on judicial confirmations, vacancies pore. Under the previous order, there judicial nominees and, in particular, to more than doubled on the Courts of Ap- will now be a period for the transaction more nominees to the Courts of Ap- peals. However, since last summer, the of morning business not to extend be- peals, than in 1996 and 1997 combined, Democratic majority has exceeded the yond the hour of 10:30 a.m., with Sen- and than in the last 30 months of the rate of attrition and confirmed 14 cir- ators permitted to speak therein for up Republican majority control in 1999, cuit court judges, in addition to 64 dis- to 10 minutes each. 2000 and early 2001. Mr. REID. Mr. President, I suggest trict court judges.