[Congressional Record Volume 154, Number 130 (Friday, August 1, 2008)]
[Senate]
[Pages S8017-S8021]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              EMMETT TILL UNSOLVED CIVIL RIGHTS CRIME ACT

  Mr. COBURN. Mr. President, I ask unanimous consent to have printed in 
the Record an article from the Atlanta Journal-Constitution, which 
profiles Mr. Alvin Sykes. Mr. Sykes and I have worked closely together 
to reach a compromise on this bill, and I would like the story of his 
life and his work on this legislation to be part of the record.
  I would also ask unanimous consent to have printed in the Record a 
message from Mr. Sykes to me, expressing support for the compromise.
  Finally, I ask unanimous consent to have printed in the Record three 
letters. The first is to the bill's sponsor, Senator Chris Dodd, 
explaining my objection to the legislation. The letter is dated June 
25, 2007. The second is a subsequent letter to Senator Dodd, seeking a 
UC agreement for floor time on the bill, dated June 19, 2008. The third 
is a similar letter to Senator Reid, sent the same day.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

         [From the Atlanta Journal-Constitution, Jun. 3, 2007]

Civil Rights-Era Murder Cases: ``Another Day for Justice''--Self-Taught 
 Legal Expert Alvin Sykes Is on a Quest To Get Long-Unpursued Suspects 
                    Into Court Before It's Too Late

                            (By Drew Jubera)

       Jackson, Miss.--A fourth-floor courtroom filled here last 
     week much the way Southern courtrooms now fill every few 
     years for a civil rights-era murder case.
       The 71-year-old defendant, James Seale, requested 
     headphones as he sat with his lawyers during jury selection 
     so he could hear the proceedings.
       The former crop duster and reputed Klansman is charged with 
     kidnapping and conspiracy in connection with the May 2, 1964, 
     abduction and killings of two black teenagers. The bodies of 
     Henry Dee and Charles Moore were found in the Mississippi 
     River, tied to a Jeep engine block.
       Seale has pleaded not guilty to the federal charges.
       Also inside the downtown courthouse: aging relatives of the 
     murdered boys, including Thomas Moore, 63, a Vietnam veteran 
     who worked almost a decade to get his brother's moldering 
     case reopened.
       Before entering this historic scene and sitting in a rear 
     pew, Alvin Sykes tugged at his blue-jean jacket, stroked his 
     scraggly goatee and exhaled.
       ``Another day for justice,'' said Sykes, an improbable 
     presence at yet another improbable decades-old case.
       Sykes, a high school dropout and practicing Buddhist who 
     once lived in a homeless shelter and learned the law reading 
     books in public libraries, has become both a catalyst and an 
     inspiration during the 11th-hour rush to reopen these old 
     murder cases before the killers die off.
       Since 1989, authorities in Mississippi and six other states 
     have re-examined 29 civil rights-era murders, with 28 
     resulting arrests and 22 convictions.
       The FBI has uncovered 51 more killings, and the Southern 
     Poverty Law Center has a list of 127 race-related killings 
     between 1954 and 1968.
       It's in this atmosphere that Sykes has brokered meetings 
     with people as various as U.S. senators, district attorneys 
     and victims' relatives to seek long-delayed justice.
       His behind-the-scenes maneuvering was key to the FBI's 
     reinvestigation of the infamous 1955 murder of Emmett Till, a 
     black Chicago teen brutally killed after he allegedly 
     whistled at a white woman in Money, Miss. (Earlier this year, 
     a Mississippi grand jury did not return an indictment in the 
     case.)
       Sykes also generated the idea for legislation now before 
     Congress that grew out of the reopening of that now-52-year-
     old slaying. Commonly known as the Till Bill, and sponsored 
     in the House of Representatives by Rep. John Lewis (D-Ga.), 
     it would fund a separate unit in the Justice Department 
     devoted to investigating civil rights-era crimes.
       ``He's a warrior,'' said Moore of the mild-mannered Sykes, 
     whom he credits with inspiring him while he sought justice 
     for his brother. ``Every now and then a person comes along 
     who you say, `Where'd this guy come from?' Alvin's one of 
     those guys. He might not have this degree or that background, 
     but he has a lot of dedication and inner strength.''
       Added Margaret Burnham, a Northeastern University law 
     professor who recently invited Sykes to speak at a conference 
     in Boston about civil rights-era cases, co-sponsored by 
     Harvard University, ``He's a completely self-taught man who's 
     incredibly skilled at knowing what buttons to push, when to 
     push them and what cases the government might respond to. 
     He's better at it than hundreds of people I've met in my long 
     life as a civil rights lawyer.
       ``He brings a passion and insight to the work that would be 
     extraordinary for anybody--a university-trained academic or 
     lawyer--but it's particularly extraordinary given his 
     personal history.''
       Sykes was born to a 14-year-old at a home for unwed 
     mothers, then taken in by a single 48-year-old friend of the 
     family in Kansas City, Mo. He was sickly, in and out of 
     hospitals with epilepsy, and says around age 11 he was 
     sexually abused by a couple that lived across the street.
       His formal education was spotty--he spent three years at 
     Boys Town, the facility for at-risk kids in Omaha--then left 
     school for good at 16.
       He lived briefly with his biological mother--he thought for 
     years she was a cousin--but says she was an alcoholic and 
     rarely employed. He ran into her years later when he was 
     homeless. She lived at the same shelter.
       But Sykes calls leaving school the start of his education. 
     Working nights managing a band, he spent his days holed up in 
     a library. ``Education was important to me--that's the reason 
     I left school,'' he said. ``The administration was more 
     concerned with students getting a piece of paper than an 
     education. So I started teaching myself.''
       He also sat in on trials, watching legal strategies, 
     researching what he didn't understand. He became involved in 
     a federal desegregation case with the Kansas City public 
     schools and befriended a Justice Department official. ``I 
     learned about cases and the system and started applying it to 
     real matters,'' he said.
       Sykes' work as a victims' advocate became locally renowned 
     after a string of Kansas City musicians were murdered in the 
     late '70s and early '80s. When a white defendant was 
     acquitted of beating a prominent black musician to death, 
     Sykes went back to the library with the victim's wife. ``It 
     was like in the movies,'' he recalled. ``We just kept opening 
     books. Then 10 minutes before closing time, I found it.''
       Sykes unearthed an obscure federal statute that allowed the 
     defendant to be prosecuted on a civil rights violation. He 
     sent everything he found to Justice Department lawyer Richard 
     Roberts, now a federal judge in Washington, who got an 
     indictment. The defendant was convicted and received a life 
     sentence.
       ``His seriousness of purpose was impressive,'' Roberts 
     said. ``It made answering his phone calls much more 
     attractive.''
       Sykes had worked for or founded a variety of local victims' 
     rights groups, rarely living on more than $10,000 a year, 
     when in 2003 he read a story about Till's mother wanting her 
     son's case reopened. Two documentarians also suggested there 
     were living suspects beyond the two men, now dead, who were 
     acquitted of the 14-year-old's murder but later bragged about 
     it in an article.
       Sykes and Donald Burger, a retired Justice Department 
     official who befriended Sykes during the school desegregation 
     case, met with Mamie Till-Mobley in Chicago and talked about 
     pursuing the case. Till-Mobley died days later, after co-
     founding, with Sykes and others, the Emmett Till Justice 
     Campaign.
       ``Alvin was the aggressor,'' said Wheeler Parker, 68, who 
     traveled with Till, his cousin, from Chicago to Mississippi 
     in 1955. ``Don had more contacts and knowledge, but Alvin had 
     the aggressiveness and nerve to pursue it. The fire's in his 
     belly.''
       Sykes arranged a meeting in Oxford, Miss., with a U.S. 
     attorney, the district attorney who would prosecute the case, 
     a Till relative and documentarian Keith Beauchamp. The FBI 
     soon agreed to investigate the case for local authorities.
       ``He was a very adept facilitator,'' recalled Jim Greenlee, 
     the U.S. attorney. ``Without his efforts, the chances for the 
     investigation being reopened would have been much less. I 
     call him a catalyst.''
       During the Till investigation, Sykes became aware of dozens 
     of other cold cases from that era. He couldn't create a 
     justice campaign for each one, so he envisioned a unit within 
     the Justice Department with the money, resources and 
     expertise to investigate them all. He sold the idea to 
     Missouri's conservative Republican Sen. Jim Talent, who 
     introduced the so-called Till Bill in 2005.
       Talent, who credits Sykes with the initial idea, lost re-
     election last year, and the original bill stalled. But the 
     Emmett Till Unsolved Civil Rights Crime Act has been 
     reintroduced by Reps. Lewis and Kenny Hulshof (R-Mo.) in the 
     House and Sens. Chris Dodd (D-Conn.) and Patrick Leahy (D-
     Vt.). It provides $11.5 million annually to look into the 
     era's unsolved murders, and political observers say its 
     chances now look good. Many give Sykes credit.

[[Page S8018]]

       ``He has played the role of public advocate on Capitol Hill 
     to remind legislators who may not have experienced the 
     tragedy of segregation and racial discrimination that 
     unsolved crimes against African-Americans have left an 
     intolerable stain on our democracy,'' said Brenda Jones, 
     spokeswoman for Lewis. ``He has helped remind many members of 
     Congress that we must take steps to right these wrongs.''
       Leaving the Jackson courthouse during a break in the Seale 
     trial, which continues with jury selection this week, Sykes 
     shook his head.
       ``I was sitting there thinking, `When I was 16, it was just 
     like this.' I was sitting in a courtroom, getting an 
     education.''
       Sykes sometimes wishes he could return to the music 
     business, make a better living, have a better life. Living 
     off donations, some speaking fees and a book Till's mother 
     wrote that he sometimes sells out of a bag, he doesn't even 
     own a car. Friends drove him to Jackson.
       But he says he can't leave the cause yet. There are still 
     too many low-profile cases he worries will stay lost. Even 
     the Till case languished five decades without a 
     reinvestigation.
       ``The thing that gets me [maddest] in terms of the Till 
     case,'' he said, ``is the realization that [the two killers 
     who were acquitted on murder charges] could have been tried 
     for kidnapping before they died.
       ``I have a chip on my shoulder about all the people more 
     knowledgeable than me who could have pursued that case. On my 
     more benevolent days, I say they just didn't know the law 
     enough. On my most cynical days, I say it was just too much 
     work.''


                            SYKES' SUCCESSES

       Sykes' behind-the-scenes maneuvering was key to the FBI's 
     reinvestigation of the 1955 murder of Emmett Till.
       Sykes generated the idea for legislation that would create 
     a separate unit in the Justice Department devoted to civil 
     rights-era crimes.


                           DECADES-OLD CRIMES

       Since 1989, officials in Mississippi and other states have 
     taken another look:
       29: Number of murders re-examined
       28: Number of arrests made
       22: Number of guilty verdicts
                                  ____

                                                    July 31, 2008.
       Dear Senator Coburn: First allow me to extend our 
     appreciation and admiration for you and your staff for 
     assistance and communication with us concerning S. 535, the 
     Emmett Till Unsolved Civil Rights Crime Act. While we still 
     believe that the hold that you placed on our bill was not the 
     good way to effect the institutional change in the manner 
     that the United States Senate does business, we do appreciate 
     the open lines of communication and respect that your staff, 
     in particular Brooke Bacak and Tim Tardibono, have shown in 
     negotiating with us on proposed language and conditions that 
     would address your concern and minimize the loss we have 
     suffered from going this route. Therefore our Board of 
     Directors has voted to endorse a unanimous consent agreement 
     that would include the latest draft language that rectifies 
     the concerns with the controversy over the Attorney having 
     authority to reprogram funds from one congressionally 
     directed fund to another by eliminating all reference to 
     reprogramming and replacing with prioritizing spending 
     request if Congress does not fully fund the Till Bill. 
     Furthermore we support you having the right to submit this 
     language as an amendment in the cloture vote process as long 
     as the floor debate time is limited and that you would not 
     replace your hold on our bill if your amendment fails. 
     Nothing in this request is meant to criticize the Senate 
     Leadership on the enormous work that they have done to craft 
     and advocate for the passage of this bill, especially the 
     good work of Patrick Grant in Senator Dodd's office and 
     Darrell Thompson in Senate Majority leader Harry Reid's 
     office who has kept hope alive on this historic bill. However 
     we firmly believe that truth and justice can be best achieved 
     by opening and maintaining effective lines of communication 
     and searching for a win-win justice seeking solution. We 
     further believe that since you started this by placing your 
     hold on our bill, you should be the one to finish it. 
     Therefore the Emmett Till Justice Campaign, Inc. requests 
     that you make an overture to the Democratic Leadership and 
     the sponsors of the Till Bill by introducing the Emmett Till 
     Unsolved Civil Rights Crime Act, as proposed amended, under 
     the Unanimous Concent Agreement outlined above tonight in the 
     interest of time, truth and justice.
           Sincerely, in the pursuit of justice, I am,

                                                  Alvin Sykes,

                                                        President,
     Emmett Till Justice Campaign, Inc.
                                  ____



                                                  U.S. Senate,

                                    Washington, DC, June 25, 2007.
     Senator Christopher J. Dodd,
     Russell Senate Office Building,
     Washington, DC.
       Dear Chris: As you know, I have not agreed to a unanimous 
     consent request for the Senate to approve S. 535/H.R. 923, 
     not because I disagree with the well intended motives of the 
     legislation, but because it violates the principles I use to 
     evaluate every piece of legislation. I sent you and the other 
     members of the Senate a copy of these principles in February.
       Among these principles are: If a bill creates or authorizes 
     a new federal program or activity, it must not duplicate an 
     existing program or activity; and if a bill authorizes new 
     spending, it must be offset by reductions in real spending 
     elsewhere.
       Your bill both creates a new government program that 
     duplicates an existing program and authorizes new government 
     spending without offsetting the costs.
       The bill authorizes $115 million over 10 years to 
     investigate murders committed before 1970 that have gone 
     unpunished. Perhaps you are unaware, but the Department of 
     Justice initiated an effort over a year ago to do just this.
       In February 2006, a full year before you introduced your 
     bill, the U.S. Attorney General and the FBI director 
     announced a partnership with the NAACP, the Southern Poverty 
     Law Center and the National Urban League to investigate 
     unsolved crimes from the civil rights era. Attorney General 
     Alberto Gonzales has pledged that ``The Justice Department is 
     committed to investigating and prosecuting civil-rights era 
     homicides for as long as it takes and as far as the law 
     allows--because there is no statute of limitations on human 
     dignity and justice.''
       According to the FBI, ``in February 2006, the FBI enacted 
     an initiative to identify hate crimes that occurred prior to 
     December 1969, and resulted in death.'' The Bureau's 56 field 
     offices have been directed to re-examine their unsolved civil 
     rights cases and determine which ones could still be viable 
     for prosecution. The FBI has partnered with a number of state 
     and local authorities, civic organizations, and community 
     leaders to reexamine old files. Since the initiative began, 
     the FBI has received nearly 100 such referrals. The FBI is 
     continuing to assess each referral for its investigative and 
     legal viability and, given the updated investigative and 
     forensic tools, move forward in investigating these cases.
       The Department of Justice is not lacking resources either. 
     At the end of Fiscal Year 2006, the Department had $2.5 
     billion in unobligated balances, which is unspent money. The 
     Department is expected to have $1.6 billion in unobligated 
     balances at the end of Fiscal Years 2007 and 2008.
       Because the FBI is already working on this issue and the 
     Justice Department has billions of unspent dollars, I am 
     unsure why creating new government programs and authorizing 
     more than $100 million in new spending is necessary.
       If authorizing more spending for this ongoing effort, 
     however, is necessary, we could pay for it with unspent 
     Department funds or with offsets from existing lower priority 
     spending, as I have proposed doing.
       I realize that many members of the Senate do not care about 
     our national debt which is why it is nearly $9 trillion. Most 
     Senators, including you, voted to kill a Sense of Senate 
     resolution stating that Congress has a moral obligation to 
     offset the cost of new Government programs and initiatives. 
     You even voted to fund the infamous ``Bridges to Nowhere'' in 
     Alaska which cost half a billion dollars!
       So while you may not concern yourself with our national 
     debt or the impact of adding to it, I do. That it why I was 
     very disappointed that you issued a press statement last week 
     claiming that I am ``delaying this bill's passage under false 
     pretense.''
       If you really care about this issue and the economic future 
     of our nation, I would hope that you would actually discuss 
     the matter directly with me instead of holding press 
     conferences and issuing press releases. In fact, my office 
     did make an offer to your staff to find a way to pay for this 
     bill, which was rejected.
       If you have any interest in passing this bill in a fiscally 
     responsible manner, please contact me. In the meantime, you 
     can rest assured that the Attorney General and the FBI are 
     already conducting the investigations that your bill seeks to 
     address.
           Sincerely,
                                              Tom A. Coburn, M.D.,
     U.S. Senator.
                                  ____



                                                  U.S. Senate,

                                    Washington, DC, June 19, 2008.
     Senator Christopher J. Dodd,
     Russell Senate Office Building,
     Washington, DC.
       Dear Senator Dodd: As you are aware, I am ready to enter 
     into a unanimous consent agreement on S. 535, the Emmett Till 
     Unsolved Civil Rights Crime Act. This weekend marks the 
     anniversary of the murders of three civil rights workers in 
     Mississippi, and I believe it is an opportune time for the 
     Senate to give this bill the vote it deserves. To that end, I 
     have offered four amendments for your consideration. 
     Unfortunately, until you agree to allow me to offer these 
     amendments on the floor, the Senate is prevented from moving 
     to the bill. My hope is that we can resolve this issue soon, 
     so that the Senate may consider S. 535 immediately.
       I have always supported the admirable goal of this 
     legislation: namely, to ensure that perpetrators of heinous 
     civil rights cold case crimes are finally brought to justice. 
     I was pleased to learn of the Government's efforts to 
     identify and prosecute these crimes, initiated a full year 
     before your bill was introduced. It remains my desire to see 
     these efforts continue, but I insist that they be done in a 
     fiscally responsible manner.
       My concerns with this bill have always involved its cost, 
     and I have worked consistently to identify possible offsets. 
     I made

[[Page S8019]]

     known these concerns as early as August 2006, when the 
     measure was first considered by the Senate Judiciary 
     Committee. At that time, the bill's sponsor worked with me to 
     find an agreeable offset; however, our proposals were 
     ultimately rejected by an unnamed Senator. In June 2007, I 
     had another opportunity to explain my concerns when the bill 
     again came before the Committee. Additionally, more than 
     three months before I publicly objected to your request for 
     unanimous consent to consider the bill on the floor, I sent 
     you a letter explaining in detail my position on the bill. 
     Finally, in October 2007, I offered an amendment to provide 
     $1.68 million to investigate and prosecute unsolved civil 
     rights crimes by transferring funds from other wasteful 
     programs. That amendment was defeated after a majority of the 
     Senate, including 11 of the bill's sponsors, voted to table 
     it.
       Even if I had not been so vocal about this bill in the 
     109th Congress, the letter I sent to you and all of my Senate 
     colleagues in February 2007 should have left no doubt about 
     my position this year. That letter outlined the principles I 
     use to evaluate legislation, which include: If a bill creates 
     or authorizes a new federal program or activity, it must not 
     duplicate an existing program or activity; and if a bill 
     authorizes new spending it must be offset by reductions in 
     real spending elsewhere.
       Because S. 535 both creates a new, duplicative government 
     program and authorizes new government spending without 
     offsetting the costs, you had ample notice--long before you 
     hotlined the bill--that I would object.
       Because of the knowledge you had about negotiations that 
     occurred in the previous Congress, my staff's earlier failed 
     efforts to negotiate an offset with your staff, and my own 
     public statements, there has been a consistent understanding 
     of my willingness to allow the full Senate to consider S. 
     535. My only desire is to be permitted to offer amendments to 
     the bill. I regret that my position has been unfairly--and 
     incorrectly--characterized as an insurmountable obstacle to 
     final passage.
       Although my office has not been contacted by yours (or any 
     other bill sponsors) since before the press conference you 
     held to question my intentions on this bill, I have been in 
     frequent contact with the Emmett Till Justice Campaign. That 
     Campaign is undoubtedly the bill's greatest supporter, and 
     the persistent efforts of President Alvin Sykes have outdone 
     any member of the Senate, both in character and enthusiasm. 
     It has been my privilege to work directly with Mr. Sykes, and 
     it is to his credit that so much progress has been made these 
     past few months. We could all stand to learn from his 
     example.
       In short, the purpose of this letter is to secure your 
     commitment to a UC agreement allowing me to offer four 
     amendments to S. 535 during floor debate. If you will do so, 
     I am prepared to take up the bill immediately. Especially 
     given the timeliness of this weekend's memorials 
     commemorating the 44th anniversary of the deaths of three 
     civil rights martyrs, I see no reason for further delay.
           Sincerely,
                                              Tom A. Coburn, M.D.,
     U.S. Senator.
                                  ____



                                                  U.S. Senate,

                                    Washington, DC, June 19, 2008.
     Senator Harry Reid,
     Hart Senate Office Building,
     Washington, DC.
       Dear Senator Reid: The purpose of this letter is to 
     reiterate my willingness to enter into a unanimous consent 
     agreement allowing floor consideration of S. 535, the Emmett 
     Till Unsolved Civil Rights Crime Act. I understand that your 
     staff, along with that of the bill's sponsor, is still 
     considering the four amendments I have proposed as a 
     condition of my consent. My hope is that we can resolve this 
     issue soon, so that the Senate may consider S. 535 
     immediately.
       I have been disappointed in the progress of this bill. 
     Although I made known my specific concerns over the bill's 
     cost as early as August 2006, my intentions have repeatedly 
     been questioned both by members of the media and the Senate. 
     The attacks have been disingenuous, as I have always 
     supported the admirable goal of this legislation: namely, to 
     ensure that perpetrators of heinous civil rights cold case 
     crimes are finally brought to justice. Consistent with the 
     position I have taken toward all legislation authorizing new 
     spending in the 110th Congress, I exercised my right to 
     withhold consent on S. 535.
       I have, however, always made known my willingness to work 
     with bill sponsors on identifying needed offsets. Because 
     they have been unwilling to accept my offers and have shown 
     no willingness to otherwise negotiate, the Senate must now 
     consider the bill on the floor. In order for this to happen, 
     we must reach an agreement as to time and amendments. I have 
     put forth my request for consent to offer four amendments and 
     continue to await a response.
       Although my office has not been contacted since last year 
     by any Senator seeking to move this bill, I have been in 
     frequent contact with the Emmett Till Justice Campaign. That 
     Campaign is undoubtedly the bill's greatest supporter, and 
     the persistent efforts of President Alvin Sykes have outdone 
     any member of the Senate, both in character and enthusiasm. 
     It has been my privilege to work directly with Mr. Sykes, and 
     it is to his credit that so much progress has been made these 
     past few months. We could all stand to learn from his 
     example.
       This weekend marks the 44th anniversary of the murders of 
     three civil rights workers in Mississippi. The occasion makes 
     consideration of this bill especially timely, and I want to 
     make clear that I support prompt consideration. Please give 
     me a response on my request to offer four amendments so that 
     the Senate is able to take up S. 535 as soon as possible.
           Thanks,
                                              Tom A. Coburn, M.D.,
                                                     U.S. Senator.
  Ms. CANTWELL. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                         Senate Accomplishments

  Mr. REID. Mr. President, in 2004, when I was selected by my peers as 
the Democratic leader, the first public appearance I made following the 
vote we had, I walked out to the press and said I would rather dance 
than fight. I still feel that way. I was elected to the Senate because 
the people of Nevada knew I was a good Democrat but that I always would 
eagerly reach across the table and find common ground wherever 
possible. I guess I learned that in the courtroom in working cases. You 
have to be willing to compromise in the law, as you do in politics. I 
have a strong conviction, that is true.
  There is no better example of that than my relationship with John 
Ensign. John Ensign, the junior Senator from Nevada, and I had a bitter 
race in 1998. He was a Member of Congress. I was a sitting Senator. He 
ran against me. That was a close race. No one ever thought we would 
wind up in the Senate together, but as fortune spins, Senator Bryant 
unexpectedly decided not to run for reelection, and John Ensign was 
able to come to the Senate.
  For 8 years, we have worked to develop a relationship that has turned 
into a strong friendship. John Ensign and I, though we disagree on some 
political issues, never, ever publicly or privately discuss our 
differences politically.
  I mention that because we need in the Senate to work together. Even 
though we may have different political views on different aspects of 
Government, we need to work together. It may not be apparent to those 
who watch the daily skirmishes of the Senate from afar, but I try to 
approach every issue in this Congress with the same eagerness to find 
common ground that I do working with Senator Ensign.
  There have been occasions--not often enough--where Republican 
colleagues have joined Democrats in the pursuit of progress. When they 
have chosen that path, we have, together, accomplished some very good 
things for the American people, even in this work period, which has 
seen some bitter partisanship. While it will be remembered probably for 
the Republican obstructionism that has occurred, we can still look and 
find examples of significant bipartisan compromise.
  At a time when we see such interesting things around the country that 
need so much help, we have been able to pass legislation in one area of 
great concern: housing. We passed a comprehensive housing bill. The 
housing crisis has been uprooting families and wreaking havoc in 
neighborhoods across the country for far too long. It was a struggle to 
get this bill passed. Never in the history of the country, I am told, 
has there been a bill that has passed the Congress where we have had 
seven filibusters on one bill--the same bill--at the same time. We had 
one filibuster right after the other, seven of them, but we finally got 
to the finish line on housing. It is a good piece of legislation. Some 
8,500 families who receive foreclosure notices every day will not be 
confronted with that in many instances because of the legislation we 
passed.
  During this work period, we also passed the Medicare doctors fix--the 
salvation of Medicare is what it was--and we did that by overriding the 
senseless veto by the President of the United States. We were only able 
to do that because right down here stood Senator Ted Kennedy, a man who 
should not have been here. He was not supposed to be flying. He wasn't 
supposed to be around crowds, and of course there were lots of crowds 
that

[[Page S8020]]

were here--everyone wanted to be around him--and he stood here and cast 
the deciding vote that broke the impasse. We had 60 votes. After we got 
60 votes, the Republicans in good will joined and allowed us to save 
Medicare. It took the courage of Ted Kennedy, rising from his sick bed 
against doctors' orders, to cast the deciding vote. Because he did, and 
enough Republicans joined with us, we renewed the long-held American 
promise that the elderly, the disabled and the orphans and widows will 
receive the health care they need.
  We also passed, during this work period, a bill that is a test to 
America's charity and moral authority in the world, the so-called 
PEPFAR bill. This legislation provides an unprecedented level of 
support for the fight against AIDS in Africa. It is not often I have 
occasion to praise the President, but he did a good job on this, and I 
commend him for helping us. I am glad that even after we had struggles 
for months at a time, Senate Republicans joined with the President and 
Senate Democrats to choose to end their obstruction and allow us to 
pass that legislation.
  Late yesterday, we wrapped up work on an important piece of 
legislation. We did it at the end of this work period. In fact, we did 
it on two important pieces of legislation: consumer product safety and 
the higher education bill, both very important pieces of legislation. 
At a time when parents are rightly more concerned than ever about the 
safety of the toys they buy for their children, the consumer product 
safety legislation gives parents and all consumers new assurance that 
the goods we buy are fully tested and approved for safe use. That 
applies to the stereotype, which is the toys the children use in 
America, but it is far broader than that. With rare exception, it is 
everything we consume in America today now will be safe.
  The Higher Education Act had not been reauthorized in some 10 years 
until last night. Of course, it was long overdue, but since we passed 
it, millions of bright young American minds will have the opportunity 
to unlock the doors of opportunity a college education provides.
  Our country will be stronger for every one of the bills we passed 
this work period--every one of them. I wish we had passed a lot more. 
Those we did are important. I am glad we did it. As with any 
legislation, when you pass a bill, there are lots of accolades to be 
passed around. When you don't pass a bill, there is a lot of blame to 
go around.
  I feel a lot of disappointment, though, when I think back upon this 
work period and wonder what might have been, what might we have 
accomplished if our Republican colleagues had decided to dance with us 
more often than fight. We could have gone a long way toward solving 
America's energy crisis. Yesterday was a microcosm for why the Senate 
failed to do so. Democrats came to the floor to offer seven different 
energy initiatives. Our plan would tackle every piece of the energy 
puzzle: Increasing supply with more domestic production, meaning 
increasing supply with more American production; reducing demand by 
investing in clean and renewable alternatives; going after those who 
keep oil prices artificially high for their own financial gain; and 
helping those in need pay their skyrocketing heating bills.
  Earlier today, a group of 10 Senators--5 Republicans, 5 Democrats--
indicated they had done some work to come up with a proposal that they 
think would help the energy crisis. I have been kept informed of how 
this has been progressing, and I am glad they have worked on what they 
did. They have worked very hard. There are many good ideas. Do I agree 
with everything they did? No, I don't agree with everything, but even 
the 10 don't agree with everything in the package.
  I look forward to working with them. We are going to work with this 
group in a number of different ways. First of all, the information we 
got from them is important. I am going to hold a summit in Las Vegas on 
August 19--an energy summit, a clean energy summit. President Clinton 
will be there, Mayor Bloomberg, T. Boone Pickens, the Governors of 
Utah, Arizona, Colorado. We have people from the private sector, the 
public sector coming to talk about what we can do to wean ourselves 
from fossil fuel.
  Also, the week we get back in September, we are going to have an 
energy summit of Democrats, a bipartisan energy summit, to see if there 
is any way we can work together to move forward--move forward on things 
that are so important to this country, such as having multiple year 
energy tax credits so we can wean ourselves from the fossil fuels and 
look to the Sun, the wind, and geothermal for our energy. I certainly 
hope we can do that.
  Republicans have said no to every proposal we have made. Because they 
did, the American people will have to wait for short- and long-term 
solutions to the energy crisis. That truly is unfortunate.
  With more Republican cooperation, we could have passed mental health 
parity. That is so important. It is a bipartisan bill to ensure equal 
access to health care for people with mental illness. We were prevented 
from doing that.
  With more Republican cooperation, we could have passed a package of 
13 bipartisan bills that Republicans blocked. That package includes the 
Emmett Till unsolved crimes bill which would help heal old wounds and 
provide the Department of Justice and the FBI tools needed to 
effectively investigate and possibly solve civil rights-era murders.
  The Runaway and Homeless Youth Act would provide grants for health 
care, education and workforce programs and housing programs for runaway 
and homeless youth.
  The combating child exploitation bill would provide grants to train 
law enforcement to use technology to track individuals who trade in 
child pornography and establish an Internet crimes against children 
task force.
  The Christopher and Dana Reeve Paralysis Act would enhance 
cooperation in research, rehabilitation, and quality of life with 
people who suffer from paralysis.
  LIHEAP, a bill that was called Cool In Summer, Warm In Winter Act to 
provide relief to the aged, the disabled, and the poor so they can have 
energy assistance to cool their homes in summertime, heat their homes 
in the wintertime--the Republicans turned it down.
  We were amazed that Republicans said no to these bills and many 
others, but they did, and that is unfortunate.
  The list of critical priorities we could have done something about 
with even a small degree of Republican cooperation is no longer 
available to us now. It would have been nice if we could have done the 
list. The list of things we copuld have done is far longer than I can 
recite today, but I say that because Republicans chose the path of 
obstruction. The good we did is far outweighed by the good that could 
have been. Of course, that is disappointing to all of us.
  When you strip away the differences between the McCain Republican 
approach to energy and the Democratic approach to high gas prices, you 
find the Republican policy is the Exxon policy, and our policy is an 
energy policy. The Republicans have a one-word policy: drill. That is 
the Exxon policy. Our approach, the Democratic approach is No. 1, drill 
where appropriate, but also develop competition for oil by encouraging 
solar, wind, geothermal. The Republicans say no because it will lower 
oil prices, and that is not what Exxon wants. Our policy is to increase 
the supply now by releasing oil from the Strategic Petroleum Reserve. 
The Republicans say no because it will lower oil prices and that is not 
what Exxon wants.
  No. 3, we say go after financial speculators. The Republicans say no 
because that would lower the price of oil, and that is not what Exxon 
wants.
  No. 4, we say invest in new car battery technology. The Republicans 
say no because that will lower oil prices, and that is not what Exxon 
wants.
  The Republicans' affection for Exxon explains why they say no to even 
allowing us to debate issues that are so important. No, no, no is what 
Exxon wants--to keep oil prices high.
  That is too bad.
  When we return in September, we need to get right back to work. We 
have just a few weeks to get a lot done. Perhaps by then, though, the 
political winds will blow in a different direction, and the Republicans 
will return with a new willingness to work together. If they do, we can 
work out a bipartisan plan on energy that meets our country's near- and 
long-term needs.

[[Page S8021]]

  We can send the American people a new economic stimulus bill to help 
families make ends meet and strengthen an economy that has now lost 
jobs every month this year.
  We can pass the Defense authorization bill that provides our military 
with the funds they need to keep our country safe. It takes care of 
those who serve us bravely with an across-the-board 3.9-percent 
military pay raise and major investments in the physical safety and 
mental health of our troops, not the least of which is attempting to 
rebuild the military which is in a state of distress because of the 
Iraq war.
  We can pass a Military Construction/Veterans Affairs appropriations 
bill to maintain and upgrade military facilities, build better military 
family housing, and ensure the care our veterans deserve.
  We can pass a Defense appropriations bill to keep our Armed Forces 
prepared for combat and peacetime missions, relieve the strain of 
constant 12- and now 15-month deployments, and support highly 
classified initiatives in the fight against terrorism.
  With the Presidential election drawing near, our time will be short. 
But with new cooperation from our Republican colleagues, we can do all 
this--and pass several other important bipartisan bills already passed 
by the House of Representatives.
  So I wish all my colleagues well in their August travels. I know we 
are all weary from the long, difficult work period.
  I also know the fights that await our return won't be easy. I hope a 
month back home will give our Republican colleagues a new appreciation 
for how America needs badly the changes they have blocked.
  Our hands remain outstretched. Our eagerness to seek common ground 
remains as strong as ever. We will fight if we must, but we would much 
rather dance.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Whitehouse). The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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