Floor Statements

I ask unanimous consent that when the Senate completes its business today, it stand in adjournment until 9:45 a.m. on Tuesday, July 25. I further ask that following the prayer and pledge, the morning hour be deemed expired, the Journal of proceedings be approved to date, the time for the two leaders be reserved, and the Senate then resume executive session for the consideration of the Holmes nomination. I also ask that the Senate stand in recess from 12:30 until 2:15 to accommodate the weekly policy luncheons.

Mr. President, tomorrow morning there will be the 2 final hours for debate on the Holmes nomination. If all time is used, that vote would occur shortly before noon on Tuesday. That vote could occur a little earlier if some debate time is yielded back. After the policy meetings in the afternoon, we will proceed to the Child Custody Protection bill. We will be on that bill, the Child Custody Protection bill, throughout tomorrow afternoon, into the evening, in order to finish the bill.

A few moments ago I filed cloture on the Gulf of Mexico energy security bill. I filed cloture on the motion to proceed to ensure the Senate can take action on this bill related to our energy independence. That vote will occur Wednesday morning, prior to the 11 a.m. joint meeting with the House of Representatives.

If there is no further business to come before the Senate, I ask unanimous consent that the Senate stand in adjournment under the previous order.

Mr. President, in a few minutes, we will begin consideration of S. 403, the Child Custody Protection Act. Over the last 2 days, we have been working on an agreement which would allow us to conclude that bill on Tuesday. I hope we will be able to work out the final details of that agreement early today, and at that point in time I will announce the schedule for the child custody protection bill for next week.

We had a remarkable day yesterday, finishing last night the debate and vote on the voting rights reauthorization bill, four judges, the child predator legislation, and therefore I announced no rollcall votes for today. I will be updating Members as to Monday and Tuesday's schedules shortly, after we work out a unanimous-consent agreement on several matters for early next week.

Senate Accomplishments

Mr. President, in walking over here just a few moments ago, I ran into my counterpart from the Australian Senate, and we were commenting--or he was commenting--he said: You had a productive day yesterday. And I said: Indeed, we had a very productive day, not only yesterday but over the course of this week.

On Monday and Tuesday, we had a very important debate, a powerful debate on stem cell research, a debate which is uncomfortable to a lot of people because it addresses so strongly that nexus between ethics and morality and religion and faith with science, advancing science, which is moving at breathtaking speed, thank goodness. As a scientist, I see great hope in those dreams which one day can become realities for cures and for treatments that come from the field of science. The issues are tough, though, but very important for us to have in this body, representing the 280 million people

around the country, because science will continue to advance and we do have the opportunities to understand the molecular and cellular basis of disease in a way that will improve the lives of everybody listening to me right now. So it is a very important debate.

We will increasingly have those sorts of issues come before this body. It used to be that we would hit these tough ethical issues in science about once every 10 years, and it has gotten down to about once every 5 years, and I predict--again, this is good news because science is developing so quickly, medical science--that we will be debating those issues about once every year. So this body needs to get used to it, get accustomed to it.

We did pass the Fetus Farming Prohibition Act overwhelmingly. The President has already signed that bill into law.

We passed the Stem Cell Therapies Enhancement Act this week, which supports alternative--or alternate--ways of developing these very powerful embryonic stem cell-like cells, what we call pluripotential cells, to support the type of research that can derive those pluripotential cells, short of having to dismember an embryo--exciting research. The House has not yet acted on that particular bill. I hope they do so in the near future so that the President can sign it into law, so that we can further support our research dollars in what to me is very exciting research that, in many ways, if successful--and I believe it will be--will some day eliminate the more contentious debate of having to derive embryonic stem cells from blastocysts themselves.

We also passed the Stem Cell Research Enhancement Act, a bill I supported. It was not unanimously supported in this body, but there was overwhelming support in this body. I feel strongly that this particular bill, which supports embryonic stem cell research for blastocysts that are going to be discarded with 100 percent certainty, clearly falls within certain moral and ethical guidelines, and that bill passed I think by 63 votes in the Senate.

On Tuesday evening, we shifted a bit and expressed our support for Israel by passing S. Res. 534 by unanimous consent, expressing strong support in this body for Israel. Hezbollah and Hamas are terrorist organizations, confirmed enemies of the United States, and it is important that they and their state sponsors realize we will stand with Israel and hold them accountable for their actions. This body spoke loudly, boldly, clearly on Tuesday evening.

Later Tuesday evening and on Wednesday, we addressed the Water Resources Development Act under the superb leadership of Chairman Jim Inhofe and Senator Kit Bond and others in the body. But I told Chairman Inhofe again and again that this bill, which I strongly support, which engages and further supports conservation and development of water and water-related resources, which strengthens our Nation's waterways and the infrastructure of our waterways, is going to be a tough bill. There are going to be too many amendments; it is going to take a long time on the floor. But by working very hard in a bipartisan fashion, we limited the number of amendments to the substantive ones and brought it to the floor in a very reasonable, very efficient period of time, so we were able to address that important issue.

Then, as I mentioned earlier, yesterday we reauthorized the expiring provisions of the Voting Rights Act. As we all talked about, we have come a long way in 41 years since it was first enacted. We put aside whatever partisan differences there might be to ensure that discrimination at the voting booth remains a relic of the past, to ensure that no American citizen and no election law of any State could deny access to the ballot box because of race or ethnicity or language minority status. We have ensured that progress continues, that we are protecting the civil liberties of each and every American.

Protecting the vulnerable--that is what the Voting Rights Act did 41 years ago, and that is what the Adam Walsh Child Protection and Safety Act will soon do. Last night, we passed that Adam Walsh bill as well. This bill arguably is the most comprehensive child crime and protection legislation in recent history.

The Adam Walsh bill establishes a national sex offender registry which is publicly available and which is searchable by ZIP Code. Parents shouldn't have to live in fear that a neighbor somewhere down the street is waiting for an opportunity to victimize their children. Now parents are going to have those tools they need to protect their children from harm.

Last night, late last night at about 11 o'clock, I received a phone call from two individuals who have worked with Child Help, who started this organization called Child Help, and their call was to congratulate this body for addressing a specific issue that was also in the Adam Walsh bill, and that is the creation of a national child abuse registry. The bill also toughens the penalties for crimes against children, and it cracks down on the growing crisis of Internet predators and child pornography--huge progress in passing this particular bill. It will go to the House of Representatives in the early part of next week, and I am very hopeful the President will be able to sign that bill by July 27, which is the very tragic anniversary of the death of Adam Walsh. But out of that tragedy, if the President signs the bill on that day, there is great hope and a great willingness to address and confront an issue we know is destroying people's lives, with effective tools to combat the tragedies that occur every day in this country in a direct way.

Judicial nominations last night: We confirmed four exceptionally qualified nominees to the Federal bench: Neal Gorsuch, Bobby E. Shephard, Daniel Porter Jordan III, and Gustavo Antonia Gelpi. Next week, we are going to continue our constitutional duty of advice and consent in nominations and take up Jerome Holmes for the Tenth Circuit.

Today as we open, we are beginning debate on legislation that protects vulnerable young women from exploitation. It is the Child Custody Protection Act. This bill prohibits taking a minor across State lines, from State to State, for an abortion in circumvention of a particular State law, and it does so by requiring parental notification for that child's abortion.

Right now, the victims of such exploitation have absolutely no means of restitution within our legal system. It is time to fix that. Thus, we are taking that bill to the floor to do just that. We will have that debate over the course of the morning--we won't be able to complete that debate today--and we will have some understanding here shortly in terms of how that debate will be conducted in the early part of next week.

Next week is going to be a busy week. There will be a lot going on over the course of the week and many challenges in the weeks ahead. We have to finish the Child Custody Protection Act next week, and we have to confirm the nomination of Jerome Holmes.

Last night, language was finalized on another very important issue; that is, energy. I say energy is important because it has national security implications, and it affects each individual in this body and their families and families all across America because it will impact over the long term the price of gas, the price of natural gas, and the price of energy in this country. The issue is deep sea energy exploration in a region called Area 181 in the Gulf of Mexico.

Americans are feeling the pain at the pump. They are feeling it each and every day. And they expect us to act. It is interesting that in that area of 181 and just south of that in an area called 182 in the Gulf of Mexico, there is estimated to be over 1.2 billion barrels of oil--1.2 billion barrels of oil--that would be subjected potentially to exploration; 5.8 trillion cubic feet of natural gas in that area. That is how important it is to obtain that supply. We all know that pricing is a product of supply and demand and that new influx of homegrown, domestic supply will have an impact.

Before the August recess, we need to take up the Department of Defense appropriations. We need to make sure that our troops overseas do have the equipment and technology they need to be safe and successful.

As all of our colleagues know, we are addressing, every day, pensions. We will have that legislation ready before recess. We also need to address the issues surrounding port security, to further secure our homeland, as well as

small business health plans, which also have a direct impact, similar to what we are doing in energy, in affecting the cost of living that squeezes everyday Americans.

If we can lower those health care costs, make health care both affordable and available, that will take some of that squeeze off individuals and their families and they will be able to benefit from what we know is a very productive, growing economy out there with over 5.4 million jobs created in the last 2\1/2\ years and unemployment at historically low--4.6 percent--levels. The average American doesn't quite feel how good our economy is because of energy prices, which we are going to address, and because of health care costs, which we are going to address. Americans need to know they are safe and secure. They need to know their futures are safe and that their health care is affordable and secure.

We have a lot of issues to address. Again, we have had a very productive week. If we continue that productivity we will be able to address those issues. It is our job in the Senate to deliver these meaningful solutions to the challenges and the needs of people across this country. It is our duty and our privilege to do just that, and I am confident, by continuing the progress we made this week, that we will be able to do just that.

Mr. President, I suggest the absence of a quorum.

Mr. President, I ask unanimous consent that there now be a period of morning business with Senators permitted to speak for up to 10 minutes each.

Mr. President, I ask unanimous consent that the Senate resume consideration of S. 403, the child

custody protection bill, immediately following morning business on Tuesday, July 25, and that it be considered under the following limitations: that the only amendments in order be the following: Feinstein, clergy and grandparent exemption, 2 hours equally divided; from the Democratic side, teen pregnancy prevention, 90 minutes equally divided; Boxer, parental incest, cannot sue, 2 hours equally divided; Ensign or designee, incest, to be voted on before the Boxer amendment, 2 hours equally divided; that there be 1 hour equally divided for general debate; and that following the disposition of the above-listed amendments and the use or yielding back of time, the bill be read a third time and the Senate proceed to passage of the bill, with no intervening action or debate.

Mr. President, I ask unanimous consent that on Monday, July 24, at a time determined by the majority leader in consultation with the Democratic leader, the Senate proceed to executive session for the consideration of Executive Calendar No. 764, Jerome Holmes to be U.S. circuit judge for the Tenth Circuit. I further ask unanimous consent that there be 2 hours equally divided between the chairman and ranking member, or their designees, to be used on Monday and another 2 hours equally divided for debate to be used on Tuesday, July 25. I further ask unanimous consent that following the use or yielding back of time, the Senate proceed to a vote on the confirmation of the nomination with no intervening action or debate; further, I ask unanimous consent that following that vote, the President be immediately notified of the Senate's action and the Senate resume legislative session.

Mr. President, I ask unanimous consent that the Senate proceed to the consideration of S. Res. 538, which was submitted earlier today.

Mr. President, this resolution concerns a pro se civil action filed against Senator Jeff Bingaman, the United States Senate, Representative Steve Pearce, and the United States House of Representatives, in which plaintiff challenges as unconstitutional the fact that he does not have a guaranteed right to have his appeals heard by the United States Supreme Court nor a right to have a three-judge district court hear his challenges to Federal statutes at the trial court level. Plaintiff complains that permitting the Supreme Court discretion as to which appeals to hear and allowing single-judge district courts to decide cases challenging the constitutionality Federal statutes violates the Constitution's separation of powers. Plaintiff seeks an injunction against the operation of the statutes that provide for petitioning the Supreme Court for a writ of certiorari and for convening a three-judge district court to hear a case.

This suit is subject to dismissal as defective on both threshold jurisdictional grounds and as failing to state a claim on the merits as a matter of law. This resolution authorizes the Senate Legal Counsel to represent Senator Bingaman and the United States Senate in this suit an to. move for its dismissal.

Mr. President, I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, and the motion to reconsider be laid upon the table.

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of H. Con. Res. 448, which was received from the House.

Mr. President, I ask unanimous consent that the concurrent resolution be agreed to, the preamble be agreed to, the motion to reconsider be laid upon the table, and that any statements relating to the concurrent resolution be printed in the Record.

Mr. President, I understand there is a bill at the desk that is due for a second reading.

Mr. President, in order to place the bill on the calendar under the provisions of rule XIV, I object to further proceeding.

Mr. President, I ask unanimous consent that the Senate immediately proceed to executive session to consider the following nominations on today's Executive Calendar: Calendar Nos. 767, 768, 786 through 810, and all nominations on the Secretary's desk. I further ask unanimous consent that the nominations be confirmed en bloc, the motions to reconsider be laid upon the table, the President be immediately notified of the Senate's action, and the Senate then return to legislative session.

I ask unanimous consent that when the Senate completes its business today, it stand in adjournment until 2 p.m. on Monday, July 24; I further ask that following the prayer and pledge, the morning hour be deemed expired, the Journal of proceedings be approved to date, the time for the two leaders be reserved, and the Senate proceed to a period of morning business with Senators permitted to speak for up to 10 minutes each until 3 o'clock; further, I ask that at 3 o'clock, the Senate proceed to executive session to consider the Holmes nomination, as under the previous order.

Mr. President, on Monday, we will turn to the nomination of Jerome Holmes to be a circuit court judge for the Tenth Circuit. Under the order, we will spend 2 hours of debate on Monday and then have an additional 2 hours of debate on Tuesday, to be followed by a vote on confirmation of the nomination. This vote on Tuesday will be the first vote of the week. Next week we will have a very busy week. We will continue with the Child Custody Protection Act. Under the agreement, we will have a limited number of amendments which we will consider on Tuesday. We will finish the child custody bill on Tuesday. That is going to require a number of votes throughout the afternoon and possibly into the evening. I ask my colleagues to adjust their schedules accordingly.

Next week I expect we will have other nominations and legislative items to complete. It will be a very busy week.

Mr. President, we have had a productive week. I don't know if I could say an unusually productive week, as we always have good weeks, but a very strong week in terms of both the range of issues that we have debated on the floor as well as pieces of legislation, important pieces of legislation that have passed. The range is quite remarkable. As I outlined earlier this morning, we began this week studying and talking about and discussing and debating three bills that addressed issues that are challenging in that they address the ethical concerns surrounding science and the tremendous and remarkable advances in science. I have been a beneficiary of this because of my profession as a doctor and as a scientist. We all recognize

the great power and the great potential for science to bring cures, to bring treatment, and to bring a better quality of life to people in this country and, indeed, around the world. Our challenge is to make sure that as we allow that science to advance, not just allow it, we propel it, we push it, we do so in a way that is consistent with our moral values and with a framework of ethics that we all respect. It is a challenge. It is the sort of thing that traditionally legislators have not had to deal a lot with it. They would deal with it on a periodic basis.

Now the reality is, with science moving so fast, we are going to have to be accustomed to dealing with these tough issues, struggling with them. We all struggle with them. It is easy to vote yes or no at the end of the day. But those ``yes'' or ``no'' votes do represent real struggles, both internally and as we talk to family and talk to friends, and as we talk to scientists. It is clearly something that is very powerful in our own lives.

We moved through confirming four judges--I mentioned that last night--the Water Resources Development Act, which we passed under the leadership of Chairman Inhofe last night--yesterday afternoon, last night--and passing the Voting Rights Act after 41 years of real success. Then we went on this child custody protection bill which has to do with parental consent, with people taking minors across the border, without their parents' consent, for an abortion. That is a very important issue. That comes on the heels of an issue we passed last night, the Adam Walsh Child Protection and Safety Act, which arguably could be considered the most comprehensive child crime protection bill that we passed in a generation. So it is quite remarkable as well.

I am blessed today to have with me, although I haven't seen them yet--I will be with them here in about 3 or 4 minutes-- members of my own family. I say that in part because it is a real pleasure and honor for us to be here, occupying these positions, whether it is majority leader, which I clearly understand I am here for just a period of time in this position, or having that opportunity to serve our 6 million constituents back in Tennessee or as Senators representing, indeed, the entire Nation, for us to be able to welcome visitors here or family members here and share with them the enduring values of freedom and democracy that are represented in this Capitol building as we walk through it and work through this working edifice, this emblem and symbol of democracy around the world but also a working building where we conduct the Nation's business that I just outlined, or I go down the hall to my office, the Howard Baker Majority Leader's Suite. And as I work there all day and a lot of nights, I look out that window and look out on that expansive mall with the Smithsonian Institutions on either side and the Washington Monument reaching for the sky and the Lincoln Memorial. That is all right here.

So I have with me today my niece, Mary Lauren Allen, the daughter of my sister Mary, and her husband Lawson Allen, and for the first time together, they have all three of their children, Cole Allen, Frist Allen, and Harrison Allen. They have been here separately. And it is so much fun for me to walk them over to that window and look out at the Smithsonian and look out at that Lincoln Memorial out there and the Washington Monument. It is a real honor and delight for me to have Mary Lauren and Lawson and especially Harrison and Frist and Cole to walk them through these marble halls in the great Rotunda. Lawson's parents Sam and Phyllis are here as well. I have had the pleasure of having them in the past and hosting them here as well. It is a big family.