S8516 CONGRESSIONAL RECORD — SENATE July 21, 2004 in absolute terms or relative to the domestic the date that is 10 years after the date on court and why we have had a problem market for that article, and under such con- which duties on the article are eliminated in getting this far with his nomination ditions as to cause serious damage, or actual pursuant to the Agreement. but why I hope our colleagues will be threat thereof, to a domestic industry pro- SEC. 327. COMPENSATION AUTHORITY. willing to vote to confirm him. ducing an article that is like, or directly For purposes of section 123 of the Trade competitive with, the imported article. As the Chair noted, he is a nominee Act of 1974 (19 U.S.C. 2133), any import relief to the U.S. Circuit Court for the Sixth (2) SERIOUS DAMAGE.—In making a deter- provided by the President under this subtitle mination under paragraph (1), the Presi- shall be treated as action taken under chap- Circuit. He was nominated, and I ask dent— ter 1 of title II of such Act. my colleagues to think of this date for (A) shall examine the effect of increased SEC. 328. BUSINESS CONFIDENTIAL INFORMA- a moment, on November 8, 2001. It is imports on the domestic industry, as re- TION. now 2004. He is a distinguished State flected in changes in such relevant economic The President may not release information court of appeals judge from the State factors as output, productivity, utilization of which is submitted in a proceeding under of Michigan with nearly a decade of ex- capacity, inventories, market share, exports, this subtitle and which the President con- wages, employment, domestic prices, profits, perience in that court. He has been siders to be confidential business informa- and investment, none of which is necessarily there since 1994. In that capacity, he is tion unless the party submitting the con- decisive; and actually elected and reelected, and he fidential business information had notice, at (B) shall not consider changes in tech- the time of submission, that such informa- has been reelected twice to serve on nology or consumer preference as factors tion would be released, or such party subse- the court of appeals with broad bipar- supporting a determination of serious dam- quently consents to the release of the infor- tisan support within the State of age or actual threat thereof. mation. To the extent a party submits con- (b) PROVISION OF RELIEF.— Michigan. (1) IN GENERAL.—If a determination under fidential business information to the Presi- The American Bar Association has subsection (a) is affirmative, the President dent in a proceeding under this subtitle, the rated Judge Saad qualified to sit on the may provide relief from imports of the arti- party also shall submit a nonconfidential U.S. Court of Appeals for the Sixth Cir- cle that is the subject of such determination, version of the information, in which the con- cuit. Therefore, his nomination should as described in paragraph (2), to the extent fidential business information is summarized or, if necessary, deleted. have come before us long before now. that the President determines necessary to He should be confirmed, obviously. remedy or prevent the serious damage and to f I will mention a bit about the Sixth facilitate adjustment by the domestic indus- try to import competition. EXECUTIVE SESSION Circuit. There are 16 authorized seats (2) NATURE OF RELIEF.—The relief that the on the circuit, but there are 4 vacan- President is authorized to provide under this cies. Obviously, one-fourth of the au- subsection with respect to imports of an ar- NOMINATION OF HENRY W. SAAD thorized seats on that court remain va- ticle is an increase in the rate of duty im- TO BE U.S. CIRCUIT JUDGE FOR cant today. President Bush has nomi- posed on the article to a level that does not THE SIXTH CIRCUIT nated four very well-qualified individ- exceed the lesser of— Mr. MCCONNELL. Mr. President, I uals from Michigan to fill these vacan- (A) the column 1 general rate of duty im- ask unanimous consent that the Sen- cies. The seat to which Judge Saad has posed under the HTS on like articles at the time the import relief is provided; or ate now proceed to executive session been nominated has been deemed a ju- (B) the column 1 general rate of duty im- for the consideration of Calendar No. dicial emergency and, of course, it is posed under the HTS on like articles on the 705, the nomination of Henry W. Saad, not hard to see why with that number day before the date on which the Agreement of Michigan, to be U.S. Circuit Judge of vacancies. enters into force. for the Sixth Circuit. Interestingly, President George H.W. SEC. 323. PERIOD OF RELIEF. The PRESIDING OFFICER. Is there Bush, President Bush No. 41, first nom- (a) IN GENERAL.—Subject to subsection (b), objection? inated Judge Saad to the Federal bench the import relief that the President provides Without objection, it is so ordered. in 1992, but the Democratic Senate under subsection (b) of section 322 may not, in the aggregate, be in effect for more than The clerk will report the nomination. failed to act on his nomination at that 3 years. The legislative clerk read the nomi- time, as well as one other from Michi- (b) EXTENSION.— nation of Henry W. Saad, of Michigan, gan, prior to the end of President (1) IN GENERAL.—Subject to paragraph (2), to be U.S. Circuit Judge for the Sixth Bush’s term. So this is the second time the President may extend the effective pe- Circuit. he has been nominated for this pres- riod of any import relief provided under this The PRESIDING OFFICER. The Sen- tigious court. subtitle for a period of not more than 2 ator from Connecticut is recognized. A bit about his personal history. years, if the President determines that— Mr. LIEBERMAN. Mr. President, I (A) the import relief continues to be nec- Judge Saad was born in Detroit. He is essary to remedy or prevent serious damage ask unanimous consent to proceed, a lifelong resident of the State. He and to facilitate adjustment by the domestic along with Senator COLLINS, as in would be the first Arab-American ap- industry to import competition; and morning business. pointee to the Court of Appeals for the (B) there is evidence that the industry is The PRESIDING OFFICER. Without Sixth Circuit. According to the Detroit making a positive adjustment to import objection, it is so ordered. Free Press, Bush’s nomination of Saad competition. (The remarks of Mr. LIEBERMAN and in the wake of the September 11 at- (2) LIMITATION.—Any relief provided under Ms. COLLINS pertaining to the introduc- tacks—remember, it was only 2 months this subtitle, including any extensions there- tion of S. 2701 are printed in today’s of, may not, in the aggregate, be in effect for to the day following the September 11 more than 5 years. RECORD under ‘‘Statements on Intro- attacks: SEC. 324. ARTICLES EXEMPT FROM RELIEF. duced Bills and Joint Resolutions.’’) conveys an important message to all the The President may not provide import re- The PRESIDING OFFICER. The Sen- citizens and residents of this country that lief under this subtitle with respect to any ator from Arizona. we embrace and welcome diversity and that article if— Mr. KYL. Might I inquire of the we are extending the American dream to (1) the article has been subject to import Chair what the pending business is. anyone who is prepared to work hard. relief under this subtitle after the date on The PRESIDING OFFICER. The Judge Saad has had a distinguished which the Agreement enters into force; or pending business is the nomination of career as a practicing attorney and law (2) the article is subject to import relief Henry Saad, of Michigan, to the Sixth professor before serving on the State under chapter 1 of title II of the Trade Act of 1974. Circuit Court of Appeals. bench. From 1974 until 1994 he prac- SEC. 325. RATE AFTER TERMINATION OF IMPORT Mr. KYL. Mr. President, Senator ticed law, first as an associate and then RELIEF. HATCH is chairing a subcommittee a partner with the prestigious Detroit When import relief under this subtitle is hearing and asked that I open the de- firm of Dickinson, Wright. He built a terminated with respect to an article, the bate with respect to the nomination national practice and reputation there rate of duty on that article shall be the rate and confirmation of Judge Henry Saad. in the areas of employment law, school that would have been in effect, but for the So I think my comments are reflective law, libel law, and first amendment provision of such relief, on the date on which the relief terminates. of Chairman HATCH’s views, but I will law. He serves as an adjunct professor SEC. 326. TERMINATION OF RELIEF AUTHORITY. present them as my own as well. at both Wayne State University Law No import relief may be provided under I will first speak a little bit about School and the University of Detroit this subtitle with respect to any article after Judge Saad and his nomination to this Mercy School of Law. He received his VerDate Mar 15 2010 22:18 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JY4.REC S21JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 2004 CONGRESSIONAL RECORD — SENATE S8517 bachelor’s degree in 1971 and his law for his scholarly opinions, balance and fair- from within the circuit filling in, as degree, magna cum laude, in 1974, both ness.