Jim Webb

Mr. WEBB

Mr. WEBB. Madam President, the Senate is in the midst of an important debate to extend and improve health care to our Nation's federally recognized Indian tribes. I support the Indian Health Care Improvement Act and I commend all those, including the distinguished chairman, Senator Dorgan, for their work on it. As we work to extend health care to more Native Americans, some of our oldest and most historically significant Indian tribes will be left outside the process, ineligible to participate in either the health care services or other programs authorized by the Federal Government. I bring to your attention my strong support of a bill passed last year by the U.S. House of Representatives, which would grant Federal recognition to six Native American tribes from the Commonwealth of Virginia. That bill is the Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act, H.R. 1294. Once the Senate passes that bill and the President signs it into law, these six federally recognized tribes would become eligible for the benefits conferred under the Indian Health Care Improvement Act, which the Senate currently is debating. I hope that the Senate will pass the Indian Health Care Improvement Act this week. Just as importantly, I hope that during this session of Congress, the Senate will pass the Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act, thereby bestowing Federal benefits to these six tribes that have waited over 15 years for recognition. The six tribes affected by the Federal Recognition Act are (1) the Chickahominy Tribe; (2) the Chickahominy Indian Tribe--Eastern Division; (3) the Upper Mattaponi Tribe; (4) the Rappahannock Tribe, Inc.; (5) the Monacan Indian Nation; and (6) the Nansemond Indian Tribe. All six tribes included in the Federal Recognition Act have attempted to gain formal recognition through the Bureau of Indian Affairs, BIA. A lack of resources, coupled with unclear agency guidelines, have contributed to a backlog that currently exists at the BIA. Some applications for recognition can take up to 20 years. Virginia's history and policies create barriers for Virginia's Native American Tribes to meet the BIA criteria for Federal recognition. Many Western tribes experienced Government neglect during the 20th century, but Virginia's story is different. Virginia's tribes were specifically targeted by unique policies. Virginia was the first State to pass antimiscegenation laws in 1691, which were not eliminated until 1967. Virginia's Bureau of Vital Statistics went so far as changing race records on many birth, death and marriage certificates. The elimination of racial identity records had a harmful impact on Virginia's tribes in the late 1990s, when they began seeking Federal recognition. Moreover, many Virginia counties suffered tremendous loss of their early records during the intense military activity that occurred during the Civil War. After meeting with leaders of Virginia's Indian tribes and months of thorough investigation of the facts, I concluded that legislative action is needed for recognition of Virginia's tribes. Congressional hearings and reports over the last several Congresses demonstrate the ancestry and status of these tribes. I have come to the conclusion that this recognition is justified based on principles of dignity and fairness. I have spent several months examining this issue in great detail, including the rich history and culture of Virginia's tribes. My staff and I asked a number of tough questions, and great care and deliberation were put into arriving at this conclusion. Last year, we celebrated the 400th anniversary of Jamestown America's first colony. After 400 years since the founding of Jamestown, these six tribes deserve to join our Nation's other 562 federally recognized tribes. As I mentioned, the House overwhelming passed the Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act, with bipartisan support. Virginia Governor Tim Kaine and the Virginia legislature support Federal recognition for these tribes. I look forward to working with my colleagues in the Senate, especially those on the Indian Affairs Committee, to push for passage of the Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act. At a time when we are debating how to effectively promote Indian health care, it is important that we grant these six Virginia tribes the access to these essential Federal health programs.

Mr. WEBB

Mr. WEBB. Will the Senator yield?

Mr. WEBB. If I may, this Senator came to the floor on other business, but I followed the Senator's comments with some fascination and gratitude, quite frankly. I admire the Senator for coming down here week after week and addressing issues that in many cases are conceptual issues that don't usually get the time for consideration in this body. One of the events that came to my mind when the Senator was talking about Franklin Roosevelt's administration and his willingness to regulate banks--and we have seen such a push of late against any sort of Government regulation--was when Andrew Jackson vetoed the charter for the second national bank, which was an act that Historian Vernon Louis Parrington termed ``the most courageous political act in American history.'' Andrew Jackson did it for exactly the same reasons as the Senator from North Dakota is stating. What Andrew Jackson said at that time was that if the charter of the second national bank came into place, it would have created and perpetuated an unbridled aristocracy in the United States. It would have allowed the continuation of aristocracy in a nation that was supposed to be a democracy. I particularly associate myself with the remarks of the Senator when it comes to the verticalization of our communications industry. You can look back in history. Whenever authoritarianism takes hold of a nation, they do it through three entities. They take out the ability of people to worship. They attempt to decimate the family, and they go after the ability of people to speak freely. In some cases, this verticalization, it can be argued, is simply economic. But certainly in a lot of areas, when you have this verticalization of ownership from film to TV to local TV stations to newspapers, it can affect people's access to information. It can affect people's ability to make reasoned judgments. I wanted to interrupt the Senator for a few minutes to state my appreciation for his coming to the floor week after week and making these points. I will be very strongly desirous of working with him on both of those issues.

Mr. WEBB

Mr. WEBB. Mr. President, I do not want to take up too much time on the floor. All the salient points have been made, and I know the Senate is anxious to vote. First of all, I echo the comments about the majority leader. He has to stand up and take a lot of hits on behalf of all of us. I know of no one who is more highly and sincerely motivated. It has been a pleasure to work with the chairman, Senator Warner, and Senator McCain on the Armed Services Committee. I am also on the Veterans' Committee. We were able to work with both committees on the Wounded Warrior project. I would like, very briefly, to give a special thanks to Senator Warner, my senior Senator from Virginia, for having stepped forward on this wartime contracts commission and brought it to fruition after Senator McCaskill and I had spent a lot of time working on it and were in a situation where we didn't know if it actually was going to get into the bill. It was Senator Warner stepping forward and ironing out a few of these provisions and leading the Republican side that made that possible. Obviously, I am very strongly in support of the bill. I yield the floor.

Mr. WEBB

Mr. WEBB. Mr. President, I am honored to speak on behalf of a bill I have cosponsored with my distinguished colleague, the senior senator from Virginia. It is altogether appropriate that the new Federal courthouse in Richmond, our Commonwealth's capital and a city that played a pivotal role in our Nation's civil rights debate, be named in honor of two of Virginia's most distinguished citizens, Judge Spottswood Robinson, III, and Judge Robert Merhige, Jr. Both of these men are considered consummate Federal jurists, and both will be remembered as fierce defenders of the Constitution and the rule of law. Judge Robinson was born in Richmond on July 26, 1916 and passed away at his home in Virginia on October 11, 1998. Judge Robinson attended Virginia Union University and achieved a number of ``firsts.'' He graduated first in his class from Howard University's School of Law. He was the first African-American to be appointed to the U.S. District Court for the District of Columbia. Also, he was the first African- American to be appointed to the Circuit Court of Appeals for the District of Columbia and the first African-American to serve as chief justice of that court. Judge Robinson served on the U.S. Commission on Civil Rights and as dean of Howard University Law School. Of his long and distinguished career, one of his most notable accomplishments was serving as counsel for the NAACP Legal Defense and Educational Fund, and acting as one of the principal attorneys in Brown v. The Board of Education, arguably the most important civil rights case of the twentieth century. Professor Jack Greenberg of Columbia University Law School, an authority on civil rights law stated, ``[Judge Robinson] was an exceptionally capable lawyer. He was good with judges and juries. He knew the law. He knew some of the esoteric, technical, sort of obscure parts of legal history.'' Considering Judge Robinson's arguments before the Supreme Court, Professor Greenberg said, ``He was very calm and just absolutely brimming with facts and information and legal doctrine.'' Judge Merhige was born February 5, 1919, in New York, and after 31 years on the bench, passed away in Richmond on February 18, 2005. Judge Merhige presided over the U.S. District Court for the Eastern District of Virginia from 1967 until 1998. Judge Merhige received his law degree from the University of Richmond's T.C. Williams School of Law. In 1972, Judge Merhige courageously ordered the desegregation of dozens of Virginia school districts. Despite numerous threats and receiving 24- hour protection by Federal authorities, Judge Merhige remained faithful to the Constitution and the rule of law. Judge Merhige ordered the University of Virginia to admit women in 1970 and rejected appeals by defendants in the Watergate case. A friend of many years, Governor Gerald Baliles, once stated Judge Merhige was, ``a man of civility and courage, a gentle but vibrant force of the legal realm. . . . [Judge Merhige] was a master of wit and could puncture the pomposity of lawyers as well as engage in acts of self-deprecation.'' These two men were bold enough to recognize and fight to ensure that the rights guaranteed under the U.S. Constitution are enjoyed by everyone, and not just the privileged or members of a certain race, religion, or socio-economic group. The names of Judge Robinson and Judge Merhige will be etched on the walls of this courthouse. I am committed to ensuring that their legacy of equality and fundamental fairness persists in the hearts of all Virginians.

Mr. WEBB

Mr. WEBB. Mr. President, I am honored to speak on behalf of a bill I have cosponsored with my distinguished colleague, the senior senator from Virginia. It is altogether appropriate that the new Federal courthouse in Richmond, our Commonwealth's capital and a city that played a pivotal role in our Nation's civil rights debate, be named in honor of two of Virginia's most distinguished citizens, Judge Spottswood Robinson, III, and Judge Robert Merhige, Jr. Both of these men are considered consummate Federal jurists, and both will be remembered as fierce defenders of the Constitution and the rule of law. Judge Robinson was born in Richmond on July 26, 1916 and passed away at his home in Virginia on October 11, 1998. Judge Robinson attended Virginia Union University and achieved a number of ``firsts.'' He graduated first in his class from Howard University's School of Law. He was the first African-American to be appointed to the U.S. District Court for the District of Columbia. Also, he was the first African- American to be appointed to the Circuit Court of Appeals for the District of Columbia and the first African-American to serve as chief justice of that court. Judge Robinson served on the U.S. Commission on Civil Rights and as dean of Howard University Law School. Of his long and distinguished career, one of his most notable accomplishments was serving as counsel for the NAACP Legal Defense and Educational Fund, and acting as one of the principal attorneys in Brown v. The Board of Education, arguably the most important civil rights case of the twentieth century. Professor Jack Greenberg of Columbia University Law School, an authority on civil rights law stated, ``[Judge Robinson] was an exceptionally capable lawyer. He was good with judges and juries. He knew the law. He knew some of the esoteric, technical, sort of obscure parts of legal history.'' Considering Judge Robinson's arguments before the Supreme Court, Professor Greenberg said, ``He was very calm and just absolutely brimming with facts and information and legal doctrine.'' Judge Merhige was born February 5, 1919, in New York, and after 31 years on the bench, passed away in Richmond on February 18, 2005. Judge Merhige presided over the U.S. District Court for the Eastern District of Virginia from 1967 until 1998. Judge Merhige received his law degree from the University of Richmond's T.C. Williams School of Law. In 1972, Judge Merhige courageously ordered the desegregation of dozens of Virginia school districts. Despite numerous threats and receiving 24- hour protection by Federal authorities, Judge Merhige remained faithful to the Constitution and the rule of law. Judge Merhige ordered the University of Virginia to admit women in 1970 and rejected appeals by defendants in the Watergate case. A friend of many years, Governor Gerald Baliles, once stated Judge Merhige was, ``a man of civility and courage, a gentle but vibrant force of the legal realm. . . . [Judge Merhige] was a master of wit and could puncture the pomposity of lawyers as well as engage in acts of self-deprecation.'' These two men were bold enough to recognize and fight to ensure that the rights guaranteed under the U.S. Constitution are enjoyed by everyone, and not just the privileged or members of a certain race, religion, or socio-economic group. The names of Judge Robinson and Judge Merhige will be etched on the walls of this courthouse. I am committed to ensuring that their legacy of equality and fundamental fairness persists in the hearts of all Virginians.

Mr. WEBB

Mr. WEBB. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. WEBB

Mr. WEBB. Mr. President, I ask unanimous consent that the Senate proceed en bloc to the consideration of the following calendar items: Calendar Nos. 509 and 510.

Mr. WEBB. Mr. President, I ask unanimous consent that the resolutions be agreed to; that the preambles be agreed to; that the motions to reconsider be laid upon the table, en bloc; that the consideration of these items appear separately in the Record; and that any statements relating to the resolutions be printed in the Record.

Mr. WEBB

Mr. WEBB. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. Res. 386, submitted earlier today.

Mr. WEBB. Mr. President, I ask unanimous consent that the resolution be agreed to; that the preamble be agreed to; that the motions to reconsider be laid upon the table, en bloc; and that any statements relating to the resolution be printed in the Record.

Mr. WEBB

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

Mr. WEBB

Mr. WEBB. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. Con. Res. 56, submitted earlier today.

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

Mr. WEBB

Mr. WEBB. Mr. President, if there is no further business today, I now ask unanimous consent the Senate stand in recess under the previous order.

Mr. WEBB

Mr. WEBB. Mr. President, I ask unanimous consent that the Senate proceed to executive session to consider Executive Calendar Nos. 3 and 4 en bloc, the Protocol Amending Tax Convention with Denmark and the Protocol Amending Tax Convention with Finland; that the protocols be advanced through their various parliamentary stages up to and including the presentation of the resolutions of ratification, and that there now be a division vote on the resolutions en bloc.

Mr. WEBB

Mr. WEBB. Mr. President, I ask unanimous consent that notwithstanding the recess or adjournment of the Senate, the President of the Senate, the President pro tempore of the Senate, and the majority and minority leaders be authorized to make appointments to commissions, committees, boards, conferences, or interparliamentary conferences authorized by law, by concurrent act of the two Houses, or by order of the Senate.

Mr. WEBB

Mr. WEBB. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 322, H.R. 50.

Mr. WEBB. Mr. President, I ask unanimous consent that the bill be read the third time and passed, the motion to reconsider be laid upon the table, and that any statements relating thereto be printed in the Record, without further intervening action or debate.

Mr. WEBB

Mr. WEBB. Mr. President, I ask unanimous consent that the Senate proceed, en bloc, to the consideration of the following Calendar items: Nos. 491, 493, 494, 495, 496, 497, 498, 499, 500, 501, 502, 503, 504, 505, and 506.

Mr. WEBB. Mr. President, I ask unanimous consent that the bills be read the third time, passed, and that the motions to reconsider be laid upon the table en bloc; that consideration of these items be printed separately in the Record, and that any statements relating thereto be printed in the Record.

Mr. WEBB

Mr. WEBB. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 323, H.R. 465.

Mr. WEBB. Mr. President, I ask unanimous consent that the bill be read the third time, passed, the motion to reconsider be laid upon the table, that any statements relating thereto be printed in the Record, without further intervening action or debate.

Mr. WEBB

Mr. WEBB. Mr. President, I ask unanimous consent that when the Senate completes its business today, it stand in recess until 9 a.m., Tuesday, November 20; that on Tuesday the Senate conduct a pro forma session only, with no business conducted; that at the close of the pro forma session the Senate convene pro forma on the following days and times with no business conducted: Friday, November 23, at 10 a.m.; Tuesday, November 27, at 9 a.m.; Thursday, November 29, at 9:30 a.m.; that when the Senate adjourns on Thursday, November 29, it stand adjourned until 2 p.m. Monday, December 3; that on Monday, following the prayer and pledge, the Journal of proceedings be approved to date, the morning hour be deemed expired, the time for the two leaders be reserved for their use later in the day, and there then be a period of morning business with Senators permitted to speak therein for up to 10 minutes each.

Mr. WEBB

Mr. WEBB. Mr. President, I ask unanimous consent that the Senate proceed to a period of morning business.