| 00:00:16 | THE PRESIDING OFFICER | THE SENATE WILL COME TO ORDER. THE CHAPLAIN WILL NOW LEAD THE SENATE IN PRAYER. |
| 00:00:39 | THE CHAPLAIN | LET US PRAY. ETERNAL GOD BEFORE YOU NATIONS RISE AND FALL; THEY GROW STRONG OR WITHER BY YOUR DESIGN. HELP OUR NATION TO EMBRACE RIGHTEOUSNESS AND TO STRIVE FOR UNITY AND RENEWAL. LORD, HASTEN THE COMING OF YOUR KINGDOM WHERE PAIN, TEARS, AND DEATH WILL BE NO MORE. MAY AMERICA'S EXAMPLE OF RIGHT LIVING PROMPT THE WORLD'S NATIONS TO GATHER IN THE LIGHT OF YOUR PRESENCE. TEACH ALL NATIONS THE WAY OF PEACE SO WE MAY PLOW UP BATTLEFIELDS AND POUND WEAPONS INTO LIBERATION TOOLS. TEACH US TO TALK ACROSS BOUNDARIES AS BROTHERS AND SISTERS UNITED BY YOUR LOVE. TODAY HELP OUR SENATORS AND ALL WHO LABOR WITH THEM TO WORK WITH THE RENEWED SENSE OF THEIR ACCOUNTABILITY TO YOU. WE PRAY IN YOUR SOVEREIGN NAME. AMEN. |
| 00:02:26 | THE PRESIDING OFFICER | PLEASE JOIN ME IN RECITING THE PLEDGE OF ALLEGIANCE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. |
| 00:02:53 | THE PRESIDING OFFICER | THE CLERK WILL READ A COMMUNICATION TO THE SENATE. |
| 00:02:58 | THE CLERK | WASHINGTON, D.C, Tuesday, July 7, 2009, TO THE SENATE: UNDER THE PROVISIONS OF RULE 1, PARAGRAPH 3, OF THE STANDING RULES OF THE SENATE, I HEREBY APPOINT THE HONORABLE ROLAND BURRIS, A SENATOR FROM THE STATE OF ILLINOIS, TO PERFORM THE DUTIES OF THE CHAIR. SIGNED: ROBERT C. BYRD, PRESIDENT PRO TEMPORE. |
| 00:03:15 | Reid, Harry | MR. PRESIDENT? |
| 00:03:16 | THE PRESIDING OFFICER | THE MAJORITY LEADER. |
| 00:03:18 | Reid, Harry | FOLLOWING REMARKS FROM THE TWO LEADERS THE SENATE WILL PROCEED TO A PERIOD OF MORNING BUSINESS FOR ONE HOUR WITH SENATORS PERMITTED TO SPEAK UP TONE MINUTES EACH WITH THE MAJORITY CONTROLLING THE FIRST HALF AND THE REPUBLICANS CONTROLLING THE SECOND HALF. FOLLOWING MORNING BUSINESS THE SENATE WILL BEGIN CONSIDERATION OF H.R. 2892, THE HOMELAND SECURITY APPROPRIATIONS ACT. AROUND 12:15 TODAY SENATOR ELECT AL FRANKEN WILL BE SWORN IN TO BE THE UNITED STATES SENATOR FROM THE STATE OF MINNESOTA. AT 12:30 THE SENATE WILL RECESS FOR THE WEEKLY CAUCUS LUNCHEON. THE SENATE SHOULD CONSIDER ROLL CALL VOTES THROUGHOUT THE DAY AS WE CONSIDER THE HOMELAND SECURITY BILL. PRIOR TO LEAVING THAT SUBJECT, MR. PRESIDENT, I WOULD HOPE THAT SENATORS WOULD BE READY TO OFFER AMENDMENTS ON THIS. WE HAVE A RULE 16. BUT THIS IS A WIDE JURISDICTION BILL. THERE SHOULD BE LOTS OF OPPORTUNITY FOR PEOPLE TO OFFER AMENDMENTS. AND I WOULD HOPE THAT THEY WOULD CONSIDER DOING THEIR AMENDMENTS AS SOON AS POSSIBLE THE WE'RE NOT GOING TO SPEND DAY AFTER DAY AFTER DAY ON THIS BILL. WE NEED TO MOVE APPROPRIATION BILLS AS QUICKLY AS WE CAN. I WANT PEOPLE TO HAVE THE OPPORTUNITY TO OFFER AMENDMENTS. WE'D BE HAPPY TO LOOK AT TIME AGREEMENTS IF THAT IS APPROPRIATE WITHOUT ANY PRECONDITIONS LET'S MOVE TO THIS BILL. LET'S GET IT DONE AS QUICKLY AS POSSIBLE. MR. PRESIDENT, H.R. 2454 IS AT THE DESK. IT'S MY UNDERSTANDING IT IS DUE FOR ITS SECOND READING. |
| 00:04:46 | THE PRESIDING OFFICER | THE CLERK WILL READ THE BILL FOR THE SECOND TIME. |
| 00:04:51 | THE CLERK | AN ACT TO CREATE CLEAN ENTERJOBS, ACHIEVE ENERGY INDEPENDENCE, REDUCE GLOBAL WARMING AND TRANSITION TO A CLEAN ENERGY ECONOMY. |
| 00:05:02 | Reid, Harry | I WOULD OBJECT TO ANY FURTHER PROCEEDINGS ON THIS LEGISLATION. |
| 00:05:05 | THE PRESIDING OFFICER | THE BILL WILL BE PLACED ON THE CALENDAR. THE MAJORITY LEADER. |
| 00:05:10 | Reid, Harry | NOTE THE ABSENCE OF A QUORUM. |
| 00:05:14 | THE PRESIDING OFFICER | THE CLERK WILL CALL THE ROLL. QUORUM CALL: |
| 00:06:19 | THE PRESIDING OFFICER | THE REPUBLICAN LEADER. |
| 00:06:23 | McConnell, Mitch Jr. | I ASK CONSENT THAT FURTHER PROCEEDINGS ON THE QUORUM CALL BE DISPENSED WITH. |
| 00:06:27 | THE PRESIDING OFFICER | WITHOUT OBJECTION, SO ORDERED. |
| 00:06:29 | McConnell, Mitch Jr. | MR. PRESIDENT, THE AMERICAN PEOPLE WANT HEALTH CARE REFORM. THERE'S NO QUESTION ABOUT THAT. BUT THEY HAVE SERIOUS CONCERNS ABOUT SOME OF THE PROPOSALS COMING OUT OF WASHINGTON. CONCERNS THAT I'VE OUTLINED ON THE SENATE FLOOR OVER THE PAST FEW WEEKS. AMERICANS ARE INCREASINGLY CONCERNED ABOUT THE WAY THEIR PROPOSALS ARE BEING SOLD. SPECIFICALLY THEY'RE CONCERNED THAT THE SAME MISTAKES THAT WERE MADE ON THE ECONOMIC STIMULUS BILL ARE ABOUT TO BE MADE ONCE AGAIN. ONLY THIS TIME THOSE MISTAKES WOULD BE ALL BUT PERMANENT AND WOULD DIRECTLY AFFECT EVERY SINGLE AMERICAN FAMILY. HERE'S WHAT THEY'RE CONCERNED ABOUT: EARLIER THIS YEAR ADVOCATES OF THE STIMULUS BILL SAID THAT THE BILL HAD TO PASS RIGHT AWAY WITH MINIMUM SCRUTINY AND MINIMAL BIPARTISAN SUPPORT. THEY GAVE THE AMERICAN PEOPLE LESS THAN 24 HOURS TO REVIEW ONE OF THE COSTLIEST PIECES OF LEGISLATION IN OUR HISTORY AND THEN THEY HOPED FOR A GOOD RESULT. THE REASON FOR THE RUSH IS CLEAR: PROPONENTS OF THE STIMULUS WERE CONCERNED THAT PUBLIC SUPPORT WOULD START TO FADE IF PEOPLE GOT A CLOSER LOOK AT THE DETAILS. SO THEY SHORTCHANGED THE DEBATE AN OVER PROMISED ON RESULTS AND NOW THE PREDICTIONS ARE COMING BACK TO BITE THEM. HERE'S WHAT THEY SAID AT THE TIME: THEY SAID IF THE STIMULUS PASSED UNEMPLOYMENT WOULDN'T RISE ABOVE 8%. UNEMPLOYMENT IS NOW APPROACHING 10%. THEY SAID THE STIMULUS WAS NECESSARY TO JUMP-START THE ECONOMY. YET NOW WITH ABOUT A HALF MILLION JOBS LOST EVERY SINGLE MONTH, THEY'VE STARTED TO ADMIT THAT IT'S SIMPLY MISREAD THE ECONOMY. THESE WERE COSTLY MISTAKES AND WE CAN'T TAKE THEM BACK. BUT WE CAN PREVENT THE SAME KINDS OF MISTAKES ON HEALTH CARE. IF THE STIMULUS TAUGHT US ANYTHING AT ALL, IT'S THAT AMERICANS SHOULD BE SKEPTICAL ANY TIME SOMEONE IN WASHINGTON RUSHES THEM INTO A MAJOR PURCHASE WITH TAXPAYER DOLLARS. WE'D WALK AWAY FROM MANY CAR SALESMEN WHO TRIED TO RUSH US INTO BUYING A CAR EVEN IF IT WAS A CHEAP ONE. WE SHOULD BE JUST AS SKEPTICAL OF A LAWMAKER WHO TRIES TO DO THE SAME THING WITH OUR TAX DOLLARS AND TRILLIONS IN BORROWED MONEY. AND NOW THAT AMERICANS ARE HEARING THE SAME KINDS OF ARGUMENTS ABOUT HEALTH CARE THAT WE HEARD ABOUT THE STIMULUS, THE TAXPAYER ANTENNA SHOULD BEGIN TO GO UP. NOW IT'S TIME FOR ADVOCATES OF A GOVERNMENT-RUN HEALTH CARE PLAN TO ACTUALLY TAKE THE TIME TO DETERMINE WHAT REFORMS WILL ACTUALLY SAVE US MONEY AND INCREASE ACCESS TO CARE WHILE PRESERVING THINGS PEOPLE LIKE ABOUT THE CURRENT SYSTEM. TAKING TIME MAY BE FRUSTRATING TO THOSE WHO WANT TO RUSH A HEALTH CARE BILL THROUGH CONGRESS BEFORE THEIR CONSTITUENTS HAVE A CHANCE TO SEE WHAT THEY'RE BUYING. BUT THE FACT THAT THE PUBLIC IS INCREASINGLY CONCERNED ABOUT GOVERNMENT-RUN HEALTH CARE ISN'T REASON TO RUSH. IT'S REASON TO TAKE THE TIME WE NEED TO GET IT RIGHT AND TO MAKE A SERIOUS EFFORT TO GET MEMBERS OF BOTH PARTIES TO WORK OUT REFORMS THAT A BIPARTISAN MAJORITY CAN AGREE TO. SEVERAL OF WHICH I'VE ENUMERATED MANY TIMES ALREADY HERE ON THE SENATE FLOOR. WE SHOULD REFORM OUR MEDICAL LIABILITY LAWS TO DISCOURAGE JUNK LAWSUITS AN BRING DOWN THE COST OF CARE. WE SHOULD ENCOURAGE WELLNESS AND PREVENTION PROGRAMS. WE SHOULD ENCOURAGE COMPETITION IN THE PRIVATE INSURANCE MARKET. AND WE SHOULD ADDRESS THE NEEDS OF SMALL BUSINESSES WITHOUT CREATING NEW TAX THAT'S BILL JOBS. ADVOCATES OF GOVERNMENT HEALTH CARE SHOULD ALSO BE EXCEEDINGLY CAUTIOUS ABOUT THE PREDICTIONS THEY MAKE THIS TIME AROUND. WE ALREADY KNOW THAT MANY OF THE PROMISES THAT ARE BEING MADE ABOUT A GOVERNMENT-RUN HEALTH CARE PLAN ARE SIMPLY UNREALISTIC. SUCH AS THE CLAIM THAT EVERYONE WHO LIKES THE INSURANCE THEY HAVE WILL BE ABLE TO KEEP IT. AND THAT THE COST OF HEALTH CARE PROPOSALS WON'T ADD TO THE NATIONAL DEBT. AS DEMOCRATS RUSH THE STIMULUS FUNDS OUT THE DOOR, THEY ALSO PREDICTED IT WOULDN'T BE WASTED. YET EVERY DAY WE HEAR ABOUT ANOTHER OUTRAGEOUS PROJECT THAT'S BEING USED TO FUND. I'VE LISTED SOME OF THESE PROJECTS IN PREVIOUS FLOOR REMARKS SUCH AS THE $3.4 MILLION TURTLE TUNNEL IN FLORIDA. AMERICANS STRUGGLING TO HOLD ON TO THEIR HOMES AND JOBS ARE WONDERING WHY TAX DOLLARS ARE SPENT ON WASTEFUL AND NEEDLESS PROJECTS. AMERICANS WERE OVERPROMISED ON THE STIMULUS. THIS TIME THEY WANT THE FACTS. SOON THE GOVERNMENT ACCOUNTABILITY OFFICE WILL ISSUE A REPORT THAT GIVES US AN EVEN GREAT SENSE OF THE PROBLEMS WITH THE STIMULUS. I'M CONCERNED THAT THIS REPORT WILL PROVIDE AN EVEN CLEARER ACCOUNTING OF THE MISTAKES THAT WERE MADE WITH THAT BILL. AND THE FLAWED MANNER IN WHICH IT WAS SOLD TO THE AMERICAN PEOPLE. AMERICANS WHO ARE NOW WAKING UP TO HEADLINES ABOUT PROBLEMS WITH THE STIMULUS DON'T WANT TO BE TOLD A FEW MONTHS FROM NOW THAT THE PEOPLE WHO SOLD THEM A GOVERNMENT RUN HEALTH CARE SYSTEM MISREAD THE STATE OF OUR HEALTH CARE INDUSTRY OR THAT THE HEALTH CARE PLAN THEY'RE PROPOSING WAS BASED ON FAULTY ASSUMPTIONS. AMERICANS DON'T WANT TO WAKE UP A FEW YEARS FROM NOW WITH THEIR FAMILIES ENROLLED IN A GOVERNMENT-RUN HEALTH CARE SYSTEM BECAUSE SOME HERE IN WASHINGTON DECIDED TO RUSH AND SPEND A TRILLION DOLLARS AND LET THE CHIPS FALL WHERE THEY MAY. THE AMERICAN PEOPLE DON'T WANT US TO RUSH THROUGH A MISGUIDED PLAN THAT PUSHES THEM OFF OF THEIR HEALTH INSURANCE AND ON TO A GOVERNMENT PLAN THAT DENIES, DELAYS, AND RATIONS CARE. ON THE STIMULUS AMERICANS SAW WHAT HAPPENED WHEN DEMOCRATS RUSH AND SPEND. WHEN IT COMES TO HEALTH CARE, THEY'RE DEMANDING WE TAKE THE TIME TO GET IT RIGHT. NOW, MR. PRESIDENT, ON ONE OTHER SUBJECT. LAST WEEK THE SUPREME COURT DECIDED THE CASE OF RICHIE VERSUS DE DESTAFONO WHERE THE CITY OF NEW HAVEN CONNECTICUT DISCRIMINATED AGAINST MOSTLY WHITE FIREFIGHTERS BY THROWING OUT A STANDARD PROMOTION TEST BECAUSE SOME MINORITY FIREFIGHTERS HAD NOT PERFORMED AS WELL AS THEY HAD. IN THIS CASE THE SUPREME COURT WAS CORRECT, IN MY VIEW. THE GOVERNMENT SHOULD NOT BE ALLOWED TO DISCRIMINATE INTENTIONALLY ON THE BASIS OF RACE ON THE GROUNDS THAT A RACE NEUTRAL STANDARDIZED TEST WHICH IS ADMINISTERED IN A RACIALLY NEUTRAL FASHION RESULTS IN SOME RACES NOT PERFORMING AS WELL AS OTHERS. YET, REGARDLESS OF WHERE ONE COMES OUT ON THIS QUESTION, THERE ARE AT LEAST TWO ASPECTS OF HOW ALL NINE JUSTICES HANDLED THIS VERY IMPORTANT CASE THAT STANDS IN STARK CONTRAST TO HOW JUDGE SOTOMAYOR AND HER PANEL ON THE SECOND CIRCUIT HANDLED IT. AND WHICH CALLED INTO QUESTION JUDGE SOTOMAYOR'S JUDGMENT. FIRST, THIS CASE INVOLVES COMPLEX QUESTIONS OF FEDERAL EMPLOYMENT LAW. NAMELY THE TENSION BETWEEN THE LAWS PROTECTION FROM INTENTIONAL DISCRIMINATION, KNOWN AS DIS-- TREATMENT DISCRIMINATION AND FROM OVERT DISCRIMINATION. IT ALSO INVOLVES IMPORTANT CONSTITUTIONAL QUESTIONS SUCH AS WHETHER THE GOVERNMENT, CONSISTENT WITH THE 14th'S AMENDMENT GUARANTEE OF EQUAL PROTECTION UNDER THE LAW MAY INTENTIONALLY DISCRIMINATE AGAINST SOME OF ITS CITIZENS IN THE NAME OF AVOIDING POSSIBLE DISCRIMINATORY RESULTS AGAINST OTHER OF ITS CITIZENS. EVERY COURT INVOLVED IN THIS CASE REALIZED THAT IT INVOLVED COMPLEX QUESTIONS THAT WARRANTED THOROUGH TREATMENT. EVERY COURT, THAT IS, EXCEPT FOR JUDGE SOTOMAYOR'S PANEL. THE DISTRICT COURT, WHICH FIRST TOOK UP THE CASE SPENT 48 PAGES WRESTLING WITH THESE ISSUES. THE SUPREME COURT DEVOTED 93 PAGES TO ANALYZING THEM. BY CONTRAST JUDGE SOTOMAYOR'S PANEL DISMISSED THE FIREFIGHTER'S CLAIM IN JUST SIX -- A TREATMENT THAT HER COLLEAGUE AND FELLOW CLINTON APPOINTEE CALLED REMARKABLE, PREFUNCTORY AND NOT WORTHY OF THE WEIGHTY ISSUES PRESENTED BY THE FIREFIGHTERS' APPEAL. IT WOULD BE ONE THING IF THE CASE PRESENTED SIMPLE ISSUES THAT WERE ANSWERED SIMPLY BY APPLYING CLEAR PRECEDENT, BUT THE SUPREME COURT DOESN'T TAKE SIMPLE CASES. AND AT ANY RATE, NO ONE BUYS THAT THIS CASE WAS SQUARED -- WAS SQUARELY GOVERNED BY PRECEDENT, NOT EVEN JUDGE SOTOMAYOR. WE KNOW THIS BECAUSE IN DISMISSING THE FIREFIGHTERS' CLAIMS, JUDGE SOTOMAYOR DIDN'T EVEN CITE A PRECEDENT. MOREOVER, SHE HERSELF JOINED AN EN BANC OPINION OF THE SECOND CIRCUIT THAT SAID ISSUES IN THE CASE WERE -- QUOTE -- "DIFFICULT." SO TO QUOTE THE NATIONAL JOURNAL'S STEWART TAYLOR, THE WAY JUDGE SOTOMAYOR HANDLED THE ISSUES IN THIS CASE WERE PECULIAR, TO SAY THE LEAST. AND IT MAKES ONE WONDER WHY HER TREATMENT OF THESE WEIGHTY ISSUES DIFFERED SO MARKEDLY FROM THE WAY EVERY OTHER COURT HAS TREATED THEM AND WHETHER HER LEGAL JUDGMENT WAS UNDULY AFFECTED BY HER PERSONAL OR POLITICAL BELIEFS. SECOND, ALL NINE JUSTICES OF THE SUPREME COURT, EVERY SINGLE ONE OF THEM, SAID THAT JUDGE SOTOMAYOR GOT THE LAW WRONG. SHE RULED THAT THE GOVERNMENT CAN INTENTIONALLY DISCRIMINATE AGAINST ONE GROUP ON THE BASIS OF RACE IF IT DISLIKES THE OUTCOME OF A RACE-NEUTRAL EXAM AND CLAIMS ANOTHER GROUP MAY SUE IT. OR AS JUDGE CABRANAS PUT IT, UNDER HER APPROACH, EMPLOYERS CAN REJECT THE RESULTS OF AN EMPLOYMENT EXAMINATION WHEN THE RESULTS FAIL TO YIELD A RACIAL OUTCOME. IN OTHER WORDS, FAIL TO SATISFY RACIAL QUOTA. NO ONE ON THE SUPREME COURT, NOT EVEN THE DISSENTERS, THOUGHT THAT WAS A CORRECT READING OF THE LAW. JUSTICE KENNEDY'S MAJORITY OPINION SAID BEFORE IT CAN INTENTIONALLY DISCRIMINATE ON THE BASIS OF RACE IN AN EMPLOYMENT MATTER, THE GOVERNMENT MUST HAVE A STRONG BASIS AND EVIDENCE THAT IT COULD LOSE A LAWSUIT BY A DISGRUNTLED PARBGT CLAIMING A TKEUS -- PARTY CLAIMING A DISCRIMINATORY EFFECT. EVEN JUSTICE GINSBURG SAID BEFORE IT INTENTIONALLY DISCRIMINATES, THE GOVERNMENT MUST HAVE AT LEAST A GOOD CAUSE TO BELIEVE IT COULD LOSE A LAWSUIT BY A DISGRUNTLED PARTY. BUT NOT JUDGE SOTOMAYOR. SHE EVIDENTLY BELIEVES THAT STATISTICS ALONE ALLOW THE GOVERNMENT TO INTENTIONALLY DISCRIMINATE AGAINST ONE GROUP IN FAVOR OF ANOTHER IF IT CLAIMS TO FEAR A LAWSUIT. STEWART TAYLOR NOTES WHY THIS IS PROBLEMATIC. AS HE PUT IT, THE SOTOMAYOR APPROACH WOULD -- QUOTE -- "RISK CONVERTING FEDERAL ANTIDISCRIMINATION LAW INTO AN ENGINE OF OVERT DISCRIMINATION AGAINST HIGH-SCORING GROUPS ACROSS THE COUNTRY AND ALLOW RACIAL POLITICS AND RACIAL QUOTAS TO MASQUERADE AS VOLUNTARY COMPLIANCE WITH THE LAW. UNDER SUCH A REGIME, TAYLOR NOTES NO EMPLOYER COULD EVER -- COULD EVER -- SAFELY PROCEED WITH PROMOTIONS BASED ON ANY TEST ON WHICH MINORITIES FARED BADLY. IT'S ONE THING TO GET THE LAW WRONG. BUT JUDGE SOTOMAYOR GOT THE LAW REALLY WRONG IN THE RITCHIE CASE. AND THE NEW HAVEN FIREFIGHTER SUFFERED FOR IT. TO ADD INSULT TO INJURY, THE PERFUNCTORY WAY IN WHICH SHE TREATED THEIR CASE INDICATES EITHER SHE DIDN'T CARE ABOUT THEIR CLAIMS OR SHE LET HER OWN EXPERIENCES, PLANNING AND OVERSEEING THESE TYPES OF LAWSUITS WITH THE PUERTO RICAN APPEAL DEFENSE AND EDUCATION FUND AFFECT HER JUDGMENT IN THIS CASE. AS HAS BEEN REPORTED BEFORE SHE WAS ON THE BENCH, JUDGE SOTOMAYOR WAS IN THE LEADERSHIP POSITION WITH THIS PUERTO RICAN LEGAL DEFENSE GROUP FOR OVER A DECADE. WHILE THERE, SHIMON TOWARD THE GROUP'S -- SHE MONITORED THE GROUP'S LAWSUITS AND WAS DESCRIBED AS AN ARDENT SUPPORTER OF ITS LITIGATION PROJECTS, ONE OF THE MOST IMPORTANT OF WHICH WAS THE PLAN TO SUE CITIES BASED ON THEIR USE OF CIVIL SERVICE EXAMS. SHE'S BEEN CREDITED WITH HELPING DEVELOP THE GROUP'S POLICY OF CHALLENGING THESE TYPES OF STANDARDIZED TESTS. IN A WAY, JUDGE SOTOMAYOR TREATED THE FIREFIGHTERS' CLAIMS IN THE RITCHIE CASE, WHAT PRESIDENT OBAMA MEANS WHEN HE SAYS HE WANTS JUDGES WHO CAN EMPATHIZE WITH CERTAIN GROUPS. IS THIS WHY JUDGE SOTOMAYOR HERSELF SAID SHE DOUBTED THAT JUDGES CAN BE IMPARTIAL EVEN IN MOST CASES? IT IS A TROUBLING PHILOSOPHY FOR ANY JUDGE, LET ALONE ONE NOMINATED TO OUR HIGHEST COURT, TO CONVERT EMPATHY INTO FAVORITISM FOR PARTICULAR GROUPS. THE RITCHIE DECISION IS THE TENTH OF JUDGE SOTOMAYOR'S CASES THAT THE SUPREME COURT HAS REVIEWED. THEY REVIEWED TEN OF HER CASES, AND IT IS THE NINTH TIME OUT OF TEN THAT THE SUPREME COURT HAS DISAGREED WITH HER. IN FACT, SHEETS 0 FOR 3 -- SHE IS 0 FOR 3 DURING THE SUPREME COURT'S LAST TERM. THE PRESIDENT SAYS ONLY 5% OF CASES THAT FEDERAL JUDGES DECIDE REALLY MATTER. I DON'T KNOW IF HE'S RIGHT, BUT I DO KNOW THAT BY NECESSITY, THE SUPREME COURT ONLY TAKES A SMALL NUMBER OF CASES, AND IT ONLY TAKES CASES THAT MATTER. AND I KNOW THAT IN THE SUPREME COURT, JUDGE SOTOMAYOR HAS BEEN WRONG 90% OF THE TIME. IN THE RITCHIE CASE, HER THIRD AND FINAL REVERSAL OF THIS TERM, JUDGE SOTOMAYOR WAS SO WRONG IN INTERPRETING THE LAW THAT ALL NINE JUSTICES OF ALL IDEOLOGICAL SKRAOEUPS -- STRIPES DISAGREED WITH HER. AS WE CONSIDER HER NOMINATION TO THE SUPREME COURT MY COLLEAGUES SHOULD ASK THEMSELVES THIS IMPORTANT QUESTION: IS SHE ALLOWING HER PERSONAL OR POLITICAL AGENDA TO CLOUD HER JUDGMENT AND FAVOR ONE GROUP OF INDIVIDUALS OVER ANOTHER REGARDLESS OF WHAT THE LAW SAYS? MR. PRESIDENT, I YIELD THE FLOOR. |
| 00:20:56 | THE PRESIDING OFFICER | UNDER THE PREVIOUS ORDER, THE LEADERSHIP TIME BE RESERVED. UNDER THE PREVIOUS ORDER, THERE WILL NOW BE A PERIOD OF MORNING BUSINESS FOR ONE HOUR WITH THE TIME EQUALLY DIVIDED AND CONTROLLED BETWEEN THE TWO LEADERS OR THEIR DESIGNEES, WITH THE MAJORITY CONTROLLING THE FIRST HALF AND THE REPUBLICANS CONTROLLING THE FINAL HALF, WITH SENATORS PERMITTED TO SPEAK FOR UP TO TEN MINUTES EACH. |
| 00:21:25 | Durbin, Richard "Dick" J. | MR. PRESIDENT? |
| 00:21:26 | THE PRESIDING OFFICER | THE SENATOR FROM ILLINOIS. |
| 00:21:28 | Durbin, Richard "Dick" J. | MR. PRESIDENT, I RISE TO SPEAK IN MORNING BUSINESS. THE REPUBLICAN SENATE -- |
| 00:21:34 | THE PRESIDING OFFICER | WITHOUT OBJECTION. |
| 00:21:37 | Durbin, Richard "Dick" J. | SENATOR KPHABG KOPBL COMPLETE -- McCONNELL COMPLETED HIS STATEMENT AND I WOULD LIKE TO RESPOND. I'M NOT SURPRISED HE OPPOSES SONIA SOTOMAYOR, THE PRESIDENT'S NOMINEE TO THE SUPREME COURT. HE STATED EARLIER THAT HE DOES NOT BELIEVE SHE SHOULD TAKE THIS IMPORTANT POSITION. I DISAGREE. SONIA SOTOMAYOR COMES TO US HAVING FIRST BEEN NOMINATED FOR A FEDERAL JUDGESHIP UNDER REPUBLICAN PRESIDENT GEORGE H.W. BUSH AND THEN NOMINATED FOR A PROMOTION TO THE CIRCUIT LEVEL -- NEXT HIGHER BENCH -- BY PRESIDENT CLINTON. SO SHE HAS ENJOYED BIPARTISAN SUPPORT IN HER JUDICIAL CAREER. IN FACT, SHE BRINGS MORE EXPERIENCE ON THE BENCH TO THE SUPREME COURT IF SHE WINS THIS NOMINATION, IF IT'S APPROVED BY THE SENATE, THAN ANY NOMINEE IN MODERN MEMORY. SO THERE IS NO QUESTION THAT SHE WAS QUALIFIED BOTH UNDER A REPUBLICAN PRESIDENT AND DEMOCRATIC PRESIDENT, AND NOW SHE BRINGS THAT ACCUMULATED EXPERIENCE IN THIS EFFORT TO BE PART OF THE SUPREME COURT. I MET HER. SHE HAS MET PERSONALLY WITH OVER 80 UNITED STATES SENATORS AND TALKED TO THEM, ANSWERING EVERY QUESTION THEY HAD ABOUT HER BACKGROUND, HER APPROACH TO THE LAW. I THINK SHE IS AN OUTSTANDING CANDIDATE. HER LIFE STORY IS ONE THAT IS INSPIRING TO ALL. SHE WAS RAISED IN PUBLIC HOUSING IN QUEENS, NEW YORK. THERE'S BEEN SOME MENTION OF THE FACT THAT SHE WAS -- WAS A VOLUNTEER ATTORNEY FOR THE PUERTO RICAN LEGAL DEFENSE FUND. IT IS A FACT THAT SHE IS OF PUERTO RICAN NATIONAL DESCENT. WHEN SHE WAS NINE YEARS OLD HER FATHER PASSED AWAY. HER MOTHER, A STRONG WILLED AND ENERGETIC PERSON RAISED HER AND HER BROTHER. HER BROTHER IS A MEDICAL DOCTOR. SHE IS AN ACCOMPLISHED ATTORNEY. SHE WENT TO PRINCETON UNIVERSITY AND GRADUATED WITH ONE OF THE HIGHEST ACADEMIC HONORS AND THEN WENT ON TO YALE LAW SCHOOL WHERE SHE ALSO WAS ACKNOWLEDGED OF BEING ONE OF THE MOST OUTSTANDING LAW STUDENTS OF HER CLASS. THIS IS A PERSON WHO COMES TO THIS JOB WITH A RESUME THAT AS A LAWYER MYSELF I LOOK AT WITH A GREAT DEAL OF ENVY. SHE IS AN EXTRAORDINARILY GIFTED PERSON. THERE COULD BE QUESTIONS RAISED ABOUT ANY JUDGE'S RULING ON ANY CASE. BUT THE FACT IS I BELIEVE SHE HAS A RECORD THAT IS JUST UNPARALLELED IN TERMS OF OF JUDICIAL EXPERIENCE. SO I HOPE THAT THOSE WHO LISTEN TO SENATOR McCONNELL'S REMARKS WILL REFLECT ON THE FACT THAT JUDGE SOTOMAYOR IS AN EXTRAORDINARILY TALENTED AND GIFTED PERSON. IF SENATOR McCONNELL IS GOING TO OPPOSE HER NOMINATION, I HOPE SOMEONE ON THIS SIDE OF THE AISLE WILL JOIN US IN A BIPARTISAN EFFORT TO MAKE HER PART OF THE U.S. SUPREME COURT. NOW, SENATOR McCONNELL ALSO WAS CRITICAL OF PRESIDENT OBAMA AND THE PRESIDENT'S ATTEMPT TO DEAL WITH THE ECONOMY THAT HE INHERITED FROM THE PREVIOUS PRESIDENT. THE ECONOMY WAS IN THE WORST SHAPE WE'VE SEEN IT SINCE THE GREAT DEPRESSION WHEN PRESIDENT OBAMA WAS SWORN INTO OFFICE. IT WASN'T, AS HE SAID, HIS CHOICE TO FACE THAT KIND OF AN ISSUE OR CHALLENGE, BUT IT WAS THE REALITY OF WHAT HE FACED. HE DID THE RIGHT THING. HE SAID I'M NOT GOING TO STAND IDLY BY AND WITH MORE PEOPLE FACING UNEMPLOYMENT, BUSINESSES FAILING AND PEOPLE LOSING THEIR SAVINGS. I'M GOING TO TRY TO SAVE AND CREATE JOBS HERE IN AMERICA SO THAT WE DON'T SEE MORE PEOPLE IN THE UNEMPLOYMENT LINES. NOW, I SUPPORTED THAT. LUCKILY THREE REPUBLICAN SENATORS AT THE TIME JOINED US, OR OTHERWISE WE COULD NOT HAVE PASSED IT. SO WE HAD A BIPARTISAN VOTE SUPPORTING PRESIDENT OBAMA'S RECOVERY AND REINVESTMENT PACKAGE. SENATOR McCONNELL, THE REPUBLICAN LEADER, OPPOSED IT. HE CAME TO THE FLOOR TODAY TO SAY THAT WE WASTED OUR MONEY ON THIS STIMULUS PACKAGE AND THAT WE SHOULD BE VERY SKEPTICAL OF THESE THINGS. THE FACT IS THE REPUBLICANS IN THE SENATE HAD NOTHING TO OFFER AS AN ALTERNATIVE. THEIR ALTERNATIVE WAS TO STAND IDLY BY AND WATCH THE ECONOMY CONTINUE TO DESCEND, CONTINUE TO DETERIORATE. AND MAYBE WITH A LITTLE PRAYER AND HOPE THAT IT WOULD TURN AROUND. THAT'S NOT GOOD ENOUGH. PRESIDENT OBAMA SAID LET US FIRST IN THIS STIMULUS PACKAGE TAKE AT LEAST 40% OF ALL THE FUNDS THAT I'M ASKING FOR AND GIVE IT BACK TO AMERICANS IN TAX BREAKS FOR WORKING FAMILIES. FAMILIES NEED A HELPING HAND THE PRESIDENT SAID. I VOTED FOR THAT. I THINK THAT WAS SENSIBLE. THE PRESIDENT MADE THAT DECISION. SENATOR McCONNELL THINKS THAT'S WASTEFUL TO GIVE TAX BREAKS TO WORKING FAMILIES. AT LEAST HE SAID IT WAS WASTED. I DON'T THINK IT'S WASTEFUL. I THINK IT'S A GOOD THING TO DO TO TRY TO REVITALIZE THE ECONOMY. THE PRESIDENT SAID LET'S INVEST IN THINGS THAT WILL PAY OFF FOR A LONG TIME TO COME. LET'S PUT MONEY INTO INFRASTRUCTURE. LET'S BUILD THINGS THAT WILL SERVE OUR ECONOMY AND SERVE AMERICA AND LET'S CREATE GOOD-PAYING JOBS TO DO IT. I THOUGHT THAT WAS A SENSIBLE THING. THE PRESIDENT SAID LET'S LOOK TO THE NEXT GENERATION OF NEEDS IN AMERICA. LET'S MAKE SURE WE'RE INVESTING IN ENERGY PRODUCTS WHICH WILL PAY BACK IN YEARS TO COME. ANOTHER GOOD INVESTMENT FROM WHERE I'M SITTING. HE ALSO SAID GIVE A HELPING HAND TO THOSE UNEMPLOYED, A LITTLE EXTRA MONEY FOR THEM EACH MONTH TO GET BY. IT WASN'T A LOT, BUT FOR MANY FAMILIES IT MADE A DIFFERENCE. HE ALSO SAID GIVE THE UNEMPLOYED A HELPING HAND SO THAT THEY CAN KEEP THEIR HEALTH INSURANCE. IF YOU LOSE A JOB, YOU LOSE YOUR HEALTH INSURANCE. THINK ABOUT THAT IF YOU'RE TRYING TO RAISE A FAMILY. THE PRESIDENT SAID LET'S TRY TO REDUCE THE PREMIUMS THAT UNEMPLOYED PEOPLE WILL PAY. NOW, SENATOR McCONNELL COMES TO THE FLOOR AND SAYS THIS WAS A WASTE OF TIME AND A WASTE OF MONEY FOR US TO MAKE THAT KIND OF INVESTMENT IN AMERICA. I THINK THE PRESIDENT DID THE RIGHT THING. AND I WOULD COMMEND TO SENATOR McCONNELL, THE REPUBLICAN LEADER, THE LATEST PEW POLL WHICH SHOWS WHEN THE AMERICANS WERE ASKED IF AMERICA'S ECONOMY IS ON THE RIGHT TRACK OR WRONG TRACK, THEY COME IN WITH THE HIGHEST NUMBER -- 53% -- ON THE RIGHT TRACK, 39% WRONG TRACK THAT WE'VE SEEN IN MONTHS. THERE'S A FEELING WE HAVE A LONG WAY TO GO. STILL TOO MANY PEOPLE UNEMPLOYED, TOO MANY BUSINESSES FAILING. BUT AT LEAST WE'RE ON THE RIGHT TRACK TOWARD RECOVERY. IT MAY TAKE SOME TIME. NOBODY PREDICTED THIS WOULD BE FAST OR EASY BUT THE PRESIDENT SHOWED LEADERSHIP INHERITING A BAD ECONOMY. THE MAJOR THRUST OF THE REMARKS FROM THE SENATE REPUBLICAN LEADER DAY AFTER DAY HAS BEEN AN OPPOSITION TO HEALTH CARE REFORM. I WILL TELL YOU THAT I THINK THAT THE REPUBLICAN LEADER'S OUT OF STEP WITH AMERICA. AMERICA UNDERSTANDS THAT WE TPWHAOED TO DO -- WE NEED TO DO SOMETHING ABOUT OUR HEALTH CARE SYSTEM. WE'RE SPENDING TWICE AS MUCH PER PERSON FOR HEALTH CARE IN AMERICA AS ANY NATION ON EARTH. TWICE AS MUCH. AND THE OUTCOMES, THE MEDICAL OUTCOMES, UNFORTUNATELY, DON'T REFLECT THAT KIND OF MAJOR INVESTMENT. IN OTHER WORDS, WE ARE WASTING MONEY ON OUR CURRENT HEALTH CARE SYSTEM. THAT HAS TO CHANGE. SO WHAT WE NEED TO DO IS TO PRESERVE THOSE THINGS IN OUR HEALTH CARE SYSTEM TODAY THAT ARE GOOD AND FIX THE THINGS THAT ARE BROKEN. AND THAT'S WHAT THE PRESIDENT HAS CHALLENGED US TO DO. THIS IS NOT SOMETHING NEW. THIS CHALLENGE HAS BEEN WAITING FOR 15 YEARS, SINCE FORMER PRESIDENT CLINTON TACKLED IT, AND, UNFORTUNATELY, COULDN'T PASS IT. AND WE'VE SEEN OUR HEALTH CARE COSTS IN AMERICA CONTINUE TO SKYROCKET AND OUR COSTS FOR HEALTH INSURANCE FOLLOWING IN TRACK. NOW WE'VE GOT TO DO SOMETHING ABOUT IT. TIME AND AGAIN THE SENATOR FROM KENTUCKY COMES TO THE FLOOR AND SAYS WE'RE RUSHING INTO THIS. I WOULD JUST SAY TO HIM THAT IN THE YEAR 2008, THE SENATE FINANCE COMMITTEE, UNDER CHAIRMAN MAX BAUCUS, HELD TEN HEARINGS ON HEALTH REFORM AND A DAY-LONG BIPARTISAN SUMMIT WITH THE FINANCE COMMITTEE'S RANKING MEMBER REPUBLICAN CHUCK GRASSLEY. THIS YEAR THE FINANCE COMMITTEE HELD TWO REFORM-RELATED HEARINGS, THREE ROUND TABLES, THREE WALK-THROUGHS OF POLICY OPTIONS AND CLOSED DOOR SESSIONS TO DISCUSS THE ISSUES ON A BIPARTISAN BASIS. THE "HELP" COMMITTEE ALSO CONSIDERING HEALTH CARE REFORM HAS HELD 14 BIPARTISAN ROUND TABLES, 13 COMMITTEE HEARINGS AND 20 WALK-THROUGHS. DEMOCRATS AREN'T RUSHING THIS THROUGH. WE HAVE TAKEN THIS IN AN ORDERLY WAY, TRYING TO ANALYZE ONE OF THE MOST SIGNIFICANT CHALLENGES EVER FACING CONGRESS. TIME AND AGAIN SENATOR McCONNELL HAS COME TO THE FLOOR AND ARGUED THAT AMERICANS SHOULD BE AFRAID OF CHANGE. BE A FRAYED. BE VERY AFRAID. WELL, THIS IS NOT A FEARFUL NATION. OR A NATION WHICH ACCEPTS CHALLENGES AND DOES OUR BEST TO TRY TO FIND SOLUTIONS. WE HAVE A GOOD AND CARING NATION OF PEOPLE WHO WANT TO MAKE CERTAIN THAT THE -- AT THE END OF THE DAY THAT WE REDUCE THE COST OF HEALTH CARE FOR EVERYONE BRINGING IT MORE IN LINE WITH EFFICIENCY AND EFFECTIVE MEDICAL CARE AND WE ALSO PICK UP THE 50 MILLION AMERICANS WHO HAVE NO HEALTH INSURANCE AND GIVE THEM PROTECTION, BRING THEM UNDER THE UMBRELLA OF PROTECTION. WE SHOULDN'T BE AFRAID OF THAT CHALLENGE. WHY WOULD WE BE AFRAID OF IT? WE KNOW IF WE DON'T TACKLE IT, IT WILL CONTINUE TO COST US MORE AND MORE MONEY. ONE OF THE THINGS THAT THE SENATOR FROM KENTUCKY SAYS REPEATEDLY, WHICH IS JUST PLAIN WRONG, IS THAT UNDER THE PROPOSALS COMING BEFORE THE SENATE, THE GOVERNMENT CAN TAKE AWAY YOUR HEALTH INSURANCE THAT YOU HAVE TODAY. I'M SORRY THAT THE SENATOR IS NOT ON THE FLOOR. I'M CERTAIN THAT SOME MEMBERS OF THE STAFF WILL ALERT HIM TO THE FACT. I WOULD LIKE TO READ FROM THE LANGUAGE OF THE "HELP" COMMITTEE BILL WHICH IS PRESENTLY BEING CONSIDERED. THIS LANGUAGE MAKES IT ABUNDANTLY CLEAR, IN FACT, SAYS DIRECTLY THAT WE CAN HAD KEEP OUR HEALTH CARE PLANS, THAT THEY WON'T BE TAKEN AWAY. THAT IS SOMETHING THAT MOST AMERICANS WANT TO HAVE THE BENEFIT OF HAVING. LET ME READ THIS. THE "HELP" COMMITTEE BILL THAT IS GOING TO BE CONSIDERED BY THE SENATE. HERE'S WHAT IT SAYS: NOTHING IN THIS ACT OR AN AMENDMENT MADE TO THIS ACT SHALL BE CONSTRUED TO REQUIRE THAT AN INDIVIDUAL TERMINATE COVERAGE UNDER A GROUP HEALTH PLAN OR HEALTH INSURANCE COVERAGE IN WHICH SUCH INDIVIDUAL WAS ENROLLED PRIOR TO THE DATE OF ENACTMENT OF THIS TITLE. THAT'S WHAT IT SAYS. YOU -- IF YOU LIKE YOUR HEALTH INSURANCE TODAY, NOTHING WE DO IN HEALTH CARE REFORM WILL TAKE THAT AWAY FROM YOU. IT'S EXPRESSLY STATED. TIME AND AGAIN SENATOR McCONNELL COMES TO THE FLOOR AND SAYS JUST THE OPPOSITE. THE GOVERNMENT'S GOING TO TAKE AWAY YOUR HEALTH INSURANCE. THE CLEAR LANGUAGE OF THE BILL SAYS, NO, THAT IS NOT OUR INTENTION. THAT'S NOT WHAT WE'RE GOING TO DO. I'M ALSO CONCERNED WHEN I READ OR LISTEN TO THE SENATOR FROM KENTUCKY TALK ABOUT GOVERNMENT-RUN HEALTH CARE. HE SAYS IT IN NEGATIVE TERM AS IF THE GOVERNMENT'S INVOLVEMENT IN HEALTH INSURANCE AND MEDICAL CARE IS INHERENTLY WRONG OR MISGUIDED OR IN EFFECTIVE. HERE ARE THE REALITIES. 45 MILLION AMERICANS, OUT OF 300 MILLION AMERICANS, 45 MILLION CURRENTLY ARE COVERED BY MEDICARE. THE SENATOR FROM KENTUCKY WANT TO ELIMINATE MEDICARE, A GOVERNMENT-RUN HEALTH CARE PLAN? I'M WAITING FOR HIM TO SAY THAT ON THE FLOOR. HE'S NEVER SAID IT. ANOTHER 60 MILLION AMERICANS ARE UNDER MEDICAID, WHICH PROVIDES HEALTH INSURANCE FOR THE POOREST AMONG US AND THOSE WHO ARE DISABLED. SO 105 MILLION AMERICANS TODAY HAVE EITHER MEDICARE OR MEDICAID. THAT'S ONE-THIRD OF AMERICA BEING COVERED BY GOVERNMENT-RUN HEALTH CARE. THAT'S A REALITY. AND MOST AMERICANS UNDERSTAND THAT THERE ARE VERY POSITIVE THINGS TO BE SAID FOR THOSE PLANS. WOULD WE DO WITHOUT SNAKE WOULD WE ABOLISH IT? I WOULDN'T BE PART OF THAT. OVER THE YEARS MEDICARE HAS BROUGHT DIGNITY AND GREAT MEDICAL CARE TO MILLIONS OF SENIORS ACROSS AMERICA. I THINK IT IS A PROGRAM THAT SOLVED US WELL. SO A QUESTION WAS ASKED RECENTLY BY CNN. IN GENERAL WOULD YOU FAVOR OR OPPOSE A PROGRAM THAT WOULD INCREASE THE FEDERAL GOVERNMENT'S INFLUENCE OVER THE COUNTRY'S HEALTH CARE SYSTEM IN AN ATTEMPT TO LOWER COSTS AN PROVIDE HEALTH CARE COVERAGE TO MORE AMERICANS? THE NUMBERS THAT CAME BACK ON MAY THE 15th, BY CNN, 69% OF THE AMERICAN PEOPLE FAVOR THAT STATEMENT. FAVOR MORE GOVERNMENT INVOLVEMENT IN HEALTH CARE TO REDUCE COSTS AND EXPAND COVERAGE. ONLY 29% POSED. SO THE POSITION BEING ARGUED BY THE REPUBLICAN LEADER ON THE FLOOR DOESN'T REFLECT AMERICA'S FEELINGS ABOUT HEALTH CARE. I WOULD JUST SAY IF SENATOR McCONNELL FEELS THE CURRENT HEALTH CARE SYSTEM IS JUST FINE AND WE SHOULDN'T WORK TO CHANGE IT, HE DOESN'T -- I'M AFRAID, REFLECT THE FEELINGS OF MOST AMERICANS. WE CAN DO BETTER AND WE NEED TO DO BETTER ON A BIPARTISAN BASIS. WE NEED THE COOPERATION ON THE REPUBLICAN SIDE OF THE AISLE IN A BIPARTISAN SOLUTION THAT WON'T COMPROMISE THE VALUES OF THE HEALTH CARE SYSTEM, BUT GIVE PEOPLE A HEALTH CARE PROGRAM THAT WON'T BE TAKEN AWAY BY A HEALTH INSURANCE COMPANY BUREAUCRAT, SOMETHING THE FAMILY CAN AFFORD, SOMETHING THAT SMALL BUSINESSES CAN AFFORD. WE CAN DO IT. WE SHOULDN'T BE AFRAID OF THIS. AMERICA HAS TACKLED BIGGER CAL MENTION THE PAST. MR. PRESIDENT, I YIELD THE FLOOR. |
| 00:34:48 | MR. KAUFMAN | MR. PRESIDENT? |
| 00:34:49 | THE PRESIDING OFFICER | THE SENATOR FROM DELAWARE. |
| 00:34:51 | MR. KAUFMAN | I RISE TO SPEAK ABOUT THE VITAL ROLE THAT FEDERAL EMPLOYEES PLAY IN KEEPING AMERICA SAFE, PROSPEROUS AN FREE. ON THE FOURTH OF JULY WE CELEBRATED THE 233 INDEPENDENCE. ORDINARY AMERICANS HAVE CHOSEN TO GIVE THEIR ENERGY, TIME AND TALL MEANT THE SERVICE OF OUR GOVERNMENT. MANY HAVE GIVEN THEIR LIVES. ALL FEDERAL EMPLOYEES, AS I SAID PREVIOUSLY, ARE BOUND TOGETHER BY A SHARED SENSE OF DUTY AND WILLINGNESS TO SACRIFICE. WHEN THE FOUNDERS ADDED THEIR SIGNATURES TO THE DECLARATION OF INDEPENDENCE, THEY DID SO WITH FAITH IN THEIR FELLOW AMERICANS. THAT THE 56 NAMES WERE JOINED IN SPIRIT BY MILLIONS OF OTHERS IN THEIR OWN DAY AND FOR GENERATIONS TO COME. THEY KNEW THAT BUILDING A NATION REQUIRES MORE THAN JUST A HANDFUL OF PATRIOTS. IT ENTAILS THE ACTIVE PARTICIPATIONS FROM CITIZENS FROM ALL WALKS OF LIFE. THAT IS WHY A DECADE LATER WHEN THE FRAMERS ASSEMBLED IN PHILADELPHIA TO DRAFT OUR CONSTITUTION, THEY DID SO WITH AN EXPECTATION THAT REGULAR CITIZENS WOULD BE THE FORM AND SUBSTANCE OF OUR GOVERNMENT. INDEED, THEY KNEW FIRSTHAND THE VALUE OF SERVICE ABOVE SELF. THIS VIRTUE WOULD LEAVE COUNTLESS AMERICANS WHO FOUGHT FOR FREEDOM BECOME THE FIRST GENERATION OF FEDERAL EMPLOYEES. THE FOUNDERS AND FRAMERS HAD GOOD CAUSE TO PREDICT SUCH PARTICIPATION AMONG CITIZENS BEYOND THEIR APPOINTED ROLE. THE CLASSICAL HISTORY AND WRITINGS RAIN THAT FLIEWNSED THEM ARE -- WRITINGS THAT FILLED THEM ARE PART OF THE SACRIFICE HAD THAT INSPIRE AMERICA'S SERVICE. MANY ARE FAMILIAR WITH THE STORY WHEN THE ARMIES APPROACHED THE WALLS OF ROME. HORACIOUS RAN TO THE BRIDGE WHERE HE ALONE HELD OFF THE ENEMY AS HIS COMPATRIOTS DESTROYED THE BRIDGE. WITH THIS ACT OF COURAGE, HE PREVENTED THE CAPTURE OF ROME HE WAS NOT A PROFESSIONAL SOLDIER. HE DEFENDED WITH PRIDE. THAT TITLE OF GREATER HONOR THAN ANY OTHER, CITIZEN. HE HE GAVE HIS LIFE SO THAT OTHERS COULD REMAIN FREE. HIS ACT IS AN EXAMPLE OF THE KIND OF SACRIFICES THAT ORDINARY CITIZENS ARE WILLING TO MAKE WHEN THEY KNOW FREEDOM IS IN JEOPARDY. AMERICANS LOOK TO CLASSICAL FIGURES WHEN THEIR OWN LIBERTY YEAS UNCERTAIN. IT IS THIS COMMON WILLINGNESS TO RISK SAFETY AN PERSONAL GAIN THAT SETS APART A THE COMMONWEALTH OF CITIZENS FROM A NATION OF SUBJECTS. MR. PRESIDENT, IT IS THESE SAME QUALITIES THAT MAKE OUR FEDERAL EMPLOYEES SO WORTHY OF PRAISE. ON THE FOURTH OF JULY I THOUGHT OF ORDINARY AMERICANS WHO SERVE THEIR COUNTRY IN PERILESS SITUATIONS. MANY RISK HARM WHILE DEFENDING THE LIBERTIES AND VALUES. AS I'VE SAID BEFORE, OUR FEDERAL EMPLOYEES EXEMPLIFY THE AMERICAN VALUE OF SERVICE ABOVE SELF. THROUGHOUT OUR HISTORY FEDERAL EMPLOYEES HAVE TRAVELED TO DANGEROUS CORNERS OF THE GLOBE IN ORDER TO REPRESENT THE AMERICAN PEOPLE ABROAD, PROMOTE PEACEFUL INTERNATIONAL COOPERATION AND PROVIDE AID TO THOSE IN NEED. JOHN BEGANVILLE WAS GRANNVILLE FELT THE CALL TO SERVE HIS COUNTRY. A NATIVE OF NEW YORK, NEAR BUFFALO, HE STUDIED AT FORDHAM AND CLARK UNIVERSITY BEFORE JOINING THE PEACE CORPS. HE WENT TO WEST AFRICA. WHILE THERE HE APPLIED FOR AND RECEIVED A FULL BODY FELLOWSHIP TO CONTINUE TO LIVE IN THAT COUNTRY AND CONDUCT RESEARCH ON THE SOCIETY AND DEVELOPMENT. JOHN, COMMITTED TO SERVING HIS COUNTRY AND HELPING OTHERS, JOINED THE FOREIGN SERVICE. HE WORKED FOR THE U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT IN KENYA BEFORE HEADING TO SUDAN IN 2005. IT WAS A DANGEROUS ASSIGNMENT THAT YEAR. THE SUDANESE GOVERNMENT SIGNED A CEASE-FIRE TO END A WAR. JOHN'S ASSIGNMENT WAS TO DISTRIBUTE RADIOS TO VILLAGERS. WITH DEMOCRATIC ELECTIONS APPROACHING THESE RADIOS WOULD GIVE THE LOCAL SUDANESE ACCESS TO UNKRESSORRED BROADCAST. -- UNCENSORED BROADCAST. I CAN ATTEST THE IMPORTANCE OF PROVIDING FREE NEWS. IT ALSO PROMOTES HOPE AND UNDERSTANDING WHICH HELP DETER THE SPREAD OF EXTREMIST VIEWS. JOHN WORKED FOR THE DEDICATED TEAM OF A.I.D. OFFICIALS TO DISTRIBUTE THESE RADIOS. ONE OF THE CO-WORKERS SAID THAT JOHN WAS THE GLUE THAT HELD THE GROUP TOGETHER AN KEPT UP THEIR SPIRITS THROUGHOUT THE MISSION. ON NEW YEAR'S DAY 2008 JOHN WAS GUNNED DOWN BY FOUR MILITANTS WHO TARGETED HIS CAR FOR DIPLOMATIC PLATES. HE WAS ONLY 33 YEARS OF AGE. HIS LOVED ONES BACK HOME REMEMBERED HIM AS AN UNSELFISH HUMANITARIAN, THE CONSUMMATE PROFESSIONAL AND SOMEONE WHO WORKED WITH ENERGY AND IMAGINATION. HE WAS AN ACTIVE MEMBER OF THE ST. JOHN CHURCH COMMUNITY AND A MENTOR WHO INSPIRED OTHERS TO FOLLOW IN HIS FOOTSTEPS. JOHN GRANVILLE BELIEVED IN THE IMPORTANCE OF SERVICE AS PART OF CITIZENSHIP. HE CROSSED THE OCEAN AND STOOD ON THE OTHER SIDE. LIKE HORACIO RISKING HIS OWN SAFETY AN SERVICE TO THIS NATION. HE TOLD HIS MOTHER THAT DESPITE THE DANGER OF THE WORK, HE WOULD NOT WANT TO BE DOING ANYTHING ELSE. THERE ARE THOUSAND OF FOREIGN SERVICE OFFICERS, A.I.D. WORKERS ALL OVER THE GLOBE. THESE IT HAD DEDICATED MEN AND WOMEN LEAVE BEHIND FAMILY, FRIENDS, AND COMMUNITY AND ARE OFTEN IN DANGEROUS PARTS OF THE WORLD WHERE CRIME, WHACKS AND TERRORISM IS VERY REAL. ALL TOO FREQUENTLY THEIR SACRIFICES AND ACHIEVEMENTS GO UNRECOGNIZED. ON OCCASION THEY MAKE THE ULTIMATE SACRIFICE. MR. PRESIDENT, BECAUSE WE JUST CELEBRATED THE FOURTH OF JULY, LET ME RETURN FOR A MOMENT TO THE FOUNDING GENERATION. THOSE FIRST AMERICANS WHO SACRIFICED FOR LIBERTY, ESTABLISHED MORE THAN OUR REPUBLIC, THEY LEFT US WITH A DEMOCRATIC LEGACY THAT REMINDS US EVERY DAY OF OUR RIGHTS AND DUTIES AS EQUAL CITIZENS. THE DISSEND ENTERS OF THOSE REF -- DESCENDANTS OF THOSE REVOLUTIONARIES INSPIRED A POWERFUL MESSAGE. THE PAINTINGS IN THE ROTUNDA NARRATE THE STORY OF HOW AMERICA ACHIEVED ITS GREATNESS. TAKEN AS A WHOLE THESE EIGHT PAINTINGS CELEBRATE THE EVOLUTION OF AMERICAN CITIZENSHIP. THE TURNING POINT OF THIS NARRATIVE IS HIGHLIGHTED BY THE ICONIC PORTRAYAL OF THE DRAFTING OF THE DECLARATION OF INDEPENDENCE. BUT THE LAST PAINTING IN THE CYCLE IS THE MOST POIGNANT AND RECALLS A CLIMATIC MOMENT IN THE DEVELOPMENT OF OUR CITIZENSHIP, WASHINGTON AT THE HEIGHT OF ITS POPULARITY WILLING TO YIELD HIS POWER AND AUTHORITY BACK TO THE PEOPLE BY RESIGNING HIS COMMISSION. WITH HIS SACRIFICE IN THAT MOMENT THE AMERICAN PEOPLE WERE TRULY FREE AND THOSE WHO LAID OUT THE CYCLE OF PAINTING DID SO RECLAIMING THIS BIRTH OF THE AMERICAN CITIZEN SHIP. NO AMERICAN SHOULD EVER RULE ARBITRARILY OVER ANOTHER. IT IS THIS NOTION OF CITIZEN THIS GOVERNS THE RELATIONSHIP BETWEEN THE AMERICAN PEOPLE AND OUR FEDERAL EMPLOYEES. AS A COMMONWEALTH OF CITIZENS WE ENTRUST OUR FELLOW AMERICANS TO WORK IN THE GOVERNMENT TO PERFORM THAT TASK SO KNOWN BY THE MEN WHO WROTE AND SIGNED THE DECLARATION. THEY CONSTITUTED A GOVERNMENT DERIVING ITS JUST POWERS. THEIR WORK TO PROTECT OUR LIVES, PRESERVE OUR LIBERTY ENABLE ALL AMERICANS TO PURSUE HAPPINESS. I CALL MY COLLEAGUES TO JOIN ME AND HONOR AND RECOGNIZE THE SACRIFICE MADE BY JOHN GRANVILLE AND ALL AMERICANS WHO GAVE THEIR LIVES IN SERVICE OF OUR NATION. THEIR NAMES WILL FOREVER BE INDESCRIBED ON THE ETERNAL DECLARATION. I YIELD THE FLOOR AND SUGGEST THE ABSENCE OF A QUORUM. |
| 00:43:34 | THE PRESIDING OFFICER | THE CLERK WILL CALL THE ROLL. QUORUM CALL: QUORUM CALL: |
| 00:45:35 | THE PRESIDING OFFICER | THE SENATOR FROM ARIZONA. |
| 00:45:40 | McCain, John S. III | I ASK UNANIMOUS CONSENT THAT FURTHER PROCEEDINGS UNDER THE QUORUM CALL BE SUSPENDED. |
| 00:45:46 | THE PRESIDING OFFICER | WO UBGZ. |
| 00:45:48 | McCain, John S. III | MR. PRESIDENT, I ASK UNANIMOUS CONSENT THAT THE TIME OF THE MAJORITY BE PRESERVED. |
| 00:45:53 | THE PRESIDING OFFICER | WITHOUT OBJECTION. |
| 00:45:55 | McCain, John S. III | MR. PRESIDENT, THE LAST FEW YEARS I'VE TRAVELED ALL OVER THIS COUNTRY TALKING TO PEOPLE ABOUT HEALTH CARE. AFTER LISTENING TO COUNTLESS AMERICANS, INCLUDING TWO TOWN HALL MEETINGS LAST WEEK, I PROPOSED IN THE PAST HEALTH CARE REFORMS THAT WOULD HAVE ENSURED HEALTH CARE COVERAGE WAS MORE AFFORDABLE, ACCESSIBLE, PORTABLE AND SUITABLE FOR ALL AMERICAN FAMILIES. HEALTH REFORMS NEED TO BE CONSISTENT WITH OUR AMERICAN VALUES OF FREEDOM, CHOICE, AND LIMITED GOVERNMENT. THE KEY TO THESE REFORMS IS PUT TO OUR CITIZENS IN CHARGE OF THEIR OWN HEALTH COVERAGE RATHER THAN BEING STUCK IN A JOB BECAUSE THE JOB PROVIDES HEALTH CARE. LOSING HEALTH INSURANCE IF THE ECONOMY CAUSES YOU TO LOSE YOUR JOB, WE NEED TO CHANGE OUR SYSTEM AND ALLOW AMERICANS TO OBTAIN COVERAGE OPTIONS WITH A TAX CREDIT FOR POLICIES NOT LIMITED BY STATE BOUNDARIES OR GOVERNMENT DICTATES. JUST THIS PAST WEEK I HAD THE GREAT GOOD FORTUNE TO VISIT TWO OF THE FINEST HEALTH CARE INSTITUTIONS IN THIS COUNTRY. FIRST I SPENT TIME WITH HUNDREDS OF PATIENTS, DOCTORS, NURSES AND HEALTH CARE LEADERS AT THE WORLD-RENOWNED M.D. ANDERSON CANCER CENTER IN HOUSTON, TEXAS. I HEARD FROM PATIENTS WHO HAD COME TO THIS CENTER OF EXCELLENCE FROM 90 COUNTRIES AND STATES, INCLUDING ARIZONA. WHY PATIENTS COME TO THE UNITED STATES OF AMERICA FROM ALL OVER THE WORLD IS BECAUSE THE HIGHEST-QUALITY HEALTH CARE IS IN THE UNITED STATES OF AMERICA. AND I REPEAT: THE FUNDAMENTALS OF THIS DISCUSSION AND DEBATE SOMETIMES GOES ASTRAY FROM THE FUNDAMENTAL FACT THAT THE HIGHEST-QUALITY HEALTH CARE IN THE WORLD IS AVAILABLE IN THE UNITED STATES OF AMERICA. THE KEY TO IT AND OUR CHALLENGE IS TO MAKE THAT HEALTH CARE AVAILABLE AND AFFORDABLE TO ALL AMERICANS. AND THE PATH WE'RE ON WILL DESTROY THE QUALITY OF THAT COVERAGE AND WILL IN FACT MAKE HEALTH CARE THE SAME AS IT IS IN OTHER COUNTRIES AND THE REASON WHY THEY LEAVE THERE TO GET HIGH-QUALITY HEALTH CARE IN THE UNITED STATES OF AMERICA. IT'S THE BEST OUR SYSTEM, BECAUSE INNOVATION AND TECHNOLOGY IS ALLOWED TO FLOURISH. LATER IN THE WEEK IN MY HOME STATE OF ARIZONA, I VISITED ONE OF THE PREMIER CHILDREN'S HOSPITALS IN THE COUNTRY. PHOENIX CHILDREN'S HOSPITAL IS A TKESTY NAY MEDICAL FACILITY FOR ALL CHILDREN AROUND THE SOUTHWEST AND IN THE COUNTRY. AT PHOENIX CHILDREN'S HOSPITAL, I ALSO MET WITH PATIENTS, PHYSICIANS, NURSES, MEDICAL EXECUTIVES AND AVERAGE ARIZONANS. DURING THIS VISIT NOT ONE HEALTH CARE PROVIDER IN PHOENIX TOLD ME THEY WANTED MORE GOVERNMENT CONTROL OVER HEALTH CARE. IN FACT, THEY TOLD ME THE OPPOSITE. P.C.H. HAS EXPERIENCE WITH MEDICAID. AND TIME AFTER TIME I WAS TOLD OF THE PROBLEMS PROVIDERS FACE EVERY DAY WITH THE GOVERNMENT MEDICAID PROGRAM. THE PROGRAM IS A VITAL SAFETY NET FOR LOW-INCOME, BUT WE HAVE TO RECOGNIZE THE IMPORTANT LESSONS WE HAVE ALREADY LEARNED ABOUT GOVERNMENT RUNNING HEALTH CARE PROGRAMS. DURING THESE EVENTS I WAS REPEAT LID TOLD THAT WE NEED -- REPEATEDLY TOLD THAT WE NEED REFORM. THEY TOLD ME ABOUT THE PROBLEMS THEY FACE IN THE GOVERNMENT-CONTROLLED MEDICARE AND MEDICAID PROGRAMS, BOTH WITH MASSIVE UNFUNDED LIABILITIES. THEY WANT A STABLE SYSTEM THAT KEEPS COSTS UNDER CONTROL, GETS EVERYONE COVERED, PAYS FAIRLY, ENCOURAGES INNOVATION AND MAINTAINS AMERICA'S STANDING AS PROVIDING THE BEST HEALTH CARE IN THE WORLD. BUT NONE OF THEM TOLD ME THAT WE NEED MORE GOVERNMENT CONTROL OF HEALTH CARE OR GOVERNMENT-CONTROLLED HEALTH INSURANCE. I LISTENED TO AMERICANS. I'M WORRIED THAT THEY'RE NOT BEING HEARD HERE IN CONGRESS WHO CONTROL THE AGENDA IN THE WHITE HOUSE AND THE SENATE. IF PRESIDENT OBAMA AND THE DEMOCRATIC LEADERS WERE LISTENING, WE WOULDN'T HAVE A BILL BEFORE US THAT COSTS TOO MUCH, TAXES TOO MUCH, COVERS TOO FEW AND PUTS GOVERNMENT IN CONTROL AT EVERY TURN. THIS COUNTRY HAS FOUGHT FOR OVER 200 YEARS FOR THE FUNDAMENTAL VALUES THAT I FEAR ARE BEING ERODEDABLY THE -- ERODED BY THE OTHER SIDE'S APPETITE OF ONE SIZE FITS ALL. FIRST, THIS ADMINISTRATION TAKES OVER THE BANKING INDUSTRY. THEN THEY TAKE OVER THE AUTO INDUSTRY. ALONG THE WAY, THEY TELL US A $787 BILLION IN MORE AND BIGGER GOVERNMENT ALONG WITH $1.8 TRILLION OF DEBT THIS YEAR ALONE IS THE ANSWER TO OUR AILING ECONOMY. NOW THEY'RE TELLING THE AMERICAN PEOPLE THAT THEY WERE NOT AWARE OF THE ECONOMIC SITUATION, AND GUESS WHAT? THEY'RE GOING TO WANT ANOTHER STIMULUS PACKAGE. I THINK THAT IDEA WOULD BE SOUNDLY REJECTED BY THE AMERICAN PEOPLE. AND NOW THEY'RE TELLING THE AMERICAN PEOPLE THAT WE MUST RUSH TO PASS A NEW GOVERNMENT HEALTH CARE PLAN THAT WE CAN'T PAY FOR, WILL INCREASE TAXES AND KILL JOBS. MR. PRESIDENT, WE'RE TALKING ABOUT ONE-SIXTH OF THE GROSS NATIONAL PRODUCT OF AMERICA AND IT'S PRETTY OBVIOUS THE OTHER SIDE WANTS TO JAM THIS THROUGH IN THE NEXT FOUR WEEKS. THEY STILL HAVEN'T COME UP WITH WAYS TO PAY FOR THIS GRANDIOSE TAKEOVER OF THE AMERICAN HEALTH CARE SYSTEM. AMERICANS ARE LOSING HEALTH CARE COVERAGE EVERY DAY, AND THAT GETS BACK TO THE ISSUE OF AFFORDABILITY, NOT QUALITY. BUT THE DEMOCRATS CAN'T PRODUCE LEGISLATION THAT RESPONSIBLY MAKES COVERAGE AVAILABLE TO ALL AMERICANS WITHOUT TRILLIONS OF DOLLARS IN NEW SPENDING. THIS WEEKEND, AFTER A FOUR-WEEK DELAY, WE FINALLY RECEIVED NEW PROVISIONS IN THEIR NEW GOVERNMENT-RUN HEALTH CARE PLANS. HERE'S WHAT WE KNOW ABOUT THE LEGISLATION BEFORE US. THE CONGRESSIONAL BUDGET OFFICE SAYS THE PRELIMINARY COST ESTIMATE FOR THE NEW LANGUAGE THEY REVIEWED WAS NEARLY $900 BILLION IN NEW SPENDING. THE OTHER SIDE SAYS THIS IS A COST REDUCTION FROM AN EARLIER VERSION OF THE BILL. DON'T BE FOOLED BY THE SMOKE AND MIRRORS. AFTER AN INEXPLICATIONABLE FOUR-YEAR PHASE-IN THAT DELAYS SEVERAL PROVISIONS IN THE DEMOCRATIC BILL IN AN EFFORT TO HIDE COSTS THROUGH ACCOUNTING TECHNIQUES, THE BILL WILL ACTUALLY SPEND $1.5 TRILLION WHEN IT'S FULLY IMPLEMENTED AND THAT'S NOT COUNTING THE HUNDREDS OF BILLIONS OF DOLLARS IN MEDICAID SPENDING PROMISED BY THAT LEGISLATION. C.B.O. ALSO TELLS US THE "HELP" COMMITTEE BILL STILL LEAVES OVER 30 MILLION AMERICANS WITHOUT COVERAGE. MR. PRESIDENT, FOR ALL THE SPENDING BEING PROPOSED, DON'T YOU THINK WE SHOULD BE COVERING MORE THAN 40% OF THE UNINSURED? AND WHEN THE FINAL NUMBERS COME IN, DON'T BE SURPRISED IF THE COST OF THIS -- QUOTE -- "RUSH PROPOSAL" IS AT OR ABOVE $2 TRILLION. WHAT'S WORSE, THE SPONSORS CAN'T TELL US HOW WE WILL PAY FOR SUCH A MASSIVE PRICE TAG. MY COLLEAGUES AND I PLAN TO CONTINUE TALKING TO THE AMERICAN PUBLIC. I SUGGEST THE OTHER SIDE IN THE SENATE TALK TO ALL AMERICANS ABOUT WHAT THEY NEED RATHER THAN MAKING THESE DECISIONS FOR THEM. AGAIN, MR. PRESIDENT, WE CANNOT RISK RUNNING THROUGH A LEGISLATIVE PROPOSAL IN THE NEXT FOUR TO FIVE WEEKS AND BE SURE THAT WE'RE NOT MAKING SERIOUS AND FUNDAMENTAL MISTAKES. AND THE SERIOUS AND PH-D MISTAKE IS THE -- AND FUNDAMENTAL MISTAKE IS THE APPROACH TO THIS LEGISLATION WHICH IS THAT THE QUALITY OF HEALTH CARE IN AMERICA CAN AND MUST BE PRESERVED. IT'S THE COST THAT NEEDS TO BE BROUGHT UNDER CONTROL, AND WE CAN BRING THOSE COSTS UNDER CONTROL BY INNOVATIVE TECHNIQUES, BY COMPETITION, BY ALLOWING AMERICANS TO GO ALL ACROSS AMERICA AND GET THE HEALTH INSURANCE OF THEIR CHOICE, THE SAME WAY THAT WE'VE BEEN ABLE TO REDOUSE COSTS IN OTHER -- REDUCE COSTS IN OTHER SECTORS OF OUR ECONOMY AS TECHNOLOGY HAS IMPROVED THE QUALITY OF OUR LIVES. MR. PRESIDENT, I YIELD THE FLOOR. A SENATOR: MR. PRESIDENT? |
| 00:54:25 | THE PRESIDING OFFICER | THE SENATOR FROM TENNESSEE. |
| 00:54:27 | Alexander, Lamar | MR. PRESIDENT, I'M GLAD I WAS HERE TO HEAR THE THOUGHTFUL COMMENTS OF THE SENATOR FROM ARIZONA, HIS LEADERSHIP ON THE HEALTH COMMITTEE AND TRY TO MAKE SURE WE HELP AMERICANS HAVE ACCESS TO HEALTH CARE THEY CAN AFFORD AND THAT WE DO THAT IN A WAY THAT LEAVES THEM WITH A GOVERNMENT THEY CAN AFFORD AND WITH CHOICES SO THAT THEY DON'T HAVE GOVERNMENT IN BETWEEN THEMSELVES AND THEIR DOCTORS HAS BEEN VERY IMPORTANT. AND I THANK HIM FOR HIS LEADERSHIP. THE SENATOR TALKED ABOUT SPENDING AND DEBT. AND IF DURING MY WEEK IN TENNESSEE LAST WEEK I HEARD ANYTHING, IT WAS ABOUT TOO MUCH DEBT. PEOPLE ARE GENUINELY WORRIED ABOUT THE AMOUNT OF NEW DEBT AND SPENDING IN WASHINGTON. BUT IF I HEARD ANYTHING ELSE LAST WEEK, IT WAS ABOUT TOO MANY WASHINGTON TAKE OVERS. SENATOR McCAIN MENTIONED SOME OF THEM. HE SAID BANKING. HE TALKED ABOUT STUDENT LOANS. HE MENTIONED PERHAPS THE HEALTH CARE INDUSTRY. AND HE MENTIONED THE AUTOMOBILE INDUSTRY, WHICH IS WHAT I'D LIKE TO TALK ABOUT FOR A FEW MINUTES THIS MORNING. YESTERDAY WAS GOOD NEWS FOR GENERAL MOTORS. THE JUDGE IN THE BANKRUPTCY CASE APPARENTLY APPROVED A PLAN THAT BY THE END OF THE WEEK SHOULD FREE GENERAL MOTORS FROM BANKRUPT CIRCUMSTANCE AND WE COULD HAVE A NEW -- FROM BANKRUPTCY, AND WE COULD HAVE A NEW G.M., WHICH I WISH GREAT SUCCESS BECAUSE GENERAL MOTORS HAS MADE CONTRIBUTION TO OUR STATE OF TENNESSEE. THE SATURN PLAN PRODUCED A GOOD CAR, ALTHOUGH THEY NEVER MADE ANY MONEY FOR ONE REASON OR ANOTHER. BUT THEY MADE A GREAT CONTRIBUTION TO OUR STATE. SO THE GOOD NEWS IS THAT GENERAL MOTORS IS OUT OF BANKRUPTCY. THE BAD NEWS IS THAT THE UNITED STATES GOVERNMENT STILL OWNS 61% OF GENERAL MOTORS AS WELL AS ABOUT 8% OF CHRYSLER. AND IT WAS PAID FOR WITH REAL DOLLARS. $50 BILLION OR SO IN TAXPAYER DOLLARS WENT TO BUY 61% OF GENERAL MOTORS. WELL, I HAVE A SOLUTION WHICH I'D LIKE TO DISCUSSION OFFERED BY THE SENATOR FROM UTAH, SENATOR BENNETT, THE SENATOR FROM ARIZONA, SENATOR KYL, THE SENATOR FROM KENTUCKY, SENATOR McCONNELL AND I. OUR AMENDMENT WOULD DIRECT THE DEPARTMENT OF TREASURY WITHIN ONE YEAR AFTER GENERAL MOTORS COMES OUT OF BANKRUPTCY, TO DISTRIBUTE ALL THE GOVERNMENT STOCK IN GENERAL MOTORS AND IN CHRYSLER TO THE 120 MILLION AMERICANS WHO PAY TAXES ON APRIL 15. IN OTHER WORDS, A STOCK DIVIDEND. GIVE THE STOCK TO THE PEOPLE WHO PAID FOR IT. THE IDEA IS PRETTY SIMPLE. I PAID FOR IT, I OUGHT TO OWN IT. NOT ONLY WOULD THAT STOP THE INCESTUOUS POLITICAL MEDDLING. WASHINGTON CAN'T SEEM TO KEEP ITS HANDS OFF THE CAR COMPANY. IT WOULD GENERATE A FAN BASE OF 120 MILLION AMERICANS WHO MIGHT BE INTERESTED IN THE SUCCESS OF GENERAL MOTORS, A LITTLE MORE INTERESTED THAN THEY ARE TODAY. THINK OF THE GREEN BAY PACKERS. THE FANS OWN THE TEAM, AND THE FANS ARE EVEN A LITTLE BIT MORE INTERESTED IN WHO THE QUARTERBACK MIGHT BE THAN THEY MIGHT OTHERWISE BE. IF 120 MILLION AMERICANS OWNED A LITTLE BIT OF GENERAL MOTORS, THE NEW G.M., THEY MIGHT BE A LITTLE MORE INTERESTED IN THE NEXT CHEVY, AND IT MIGHT HELP THAT COMPANY SUCCEED. BUT I CAN SUGGEST ONE THING THAT WILL MAKE SURE THE COMPANY DOESN'T SUCCEED, AND THAT IS TO KEEP THE OWNERSHIP OF GENERAL MOTORS IN WASHINGTON, D.C. WITH MEDALING POLITICIANS INTERFERING WITH THE EXECUTIVES AND WORKERS WHO ARE DESIGNING AND BUILDING AND SELLING CARS, OR WHO I MIGHT SAY OUGHT TO BE DESIGNING, BUILDING AND SELLING CARS. NOW WHEN I FIRST SUGGESTED THAT WHAT WE OUGHT TO DO IS JUST GIVE THE STOCK TO TAXPAYERS, I THINK SOME OF MY COLLEAGUES THOUGHT -- MR. PRESIDENT, ABOUT HOW LONG DO I HAVE REMAINING? |
| 00:58:20 | THE PRESIDING OFFICER | THE SENATOR HAS 6 MINUTES. |
| 00:58:24 | Alexander, Lamar | THANK YOU, MR. PRESIDENT. I THINK SOME OF MY COLLEAGUES THOUGHT I MIGHT BE FACETIOUS. BUT THIS IS A VERY NORMAL CORPORATE EVENT. IT'S CALLED A STOCK DIVIDEND OR STOCK DISTRIBUTION, OR A CORPORATE SPINOFF. IN 1969, PROCTER & GAMBLE DID A SPINOFF WITH CLOROX, ITS SUBSIDIARY. IT DECIDED ITS SUBSIDIARY, CLOROX, WASN'T A PART OF THE CORE BUSINESSS OF PROCTER & GAMBLE ANYMORE SO IT GAVE SHARES OF CLOROX TO PEOPLE WHO OWNED THE MAJOR COMPANY -- PROCTER & GAMBLE. TIME WARNER DID IT WITH TIME WARNER CABLE IN MARCH OF 2009. PEPSICO DID IT WITH ITS RESTAURANT BUSINESS IN 1997. THAT WAS K.F.C., PIZZA HUT AND TACO BELL. IT IS THE SIMPLEST WAY TO SOLVE THE PROBLEM. THE PRESIDENT SAID HE DOESN'T WANT TO MICROMANAGE THE COMPANY. HE WANTS TO SELL IT. BUT THE PRESIDENT HAS FIRED THE PRESIDENT OF GENERAL MOTORS, PUT IN THE BOARD AND CALLED THE MAYOR OF DETROIT AND SAID HE BELIEVES THE HEADQUARTERS OUGHT TO BE IN DETROIT INSTEAD OF WARREN, MICHIGAN. AND YOU HAVE THE CHAIRMAN OF THE HOUSE FINANCIAL COMMITTEE CALLING UP SAYING DON'T CLOSE THE WAREHOUSE IN MY DISTRICT. AND SENATORS FROM TENNESSEE AND MICHIGAN AND OTHER STATES SAYING PLEASE PUT A PLANT IN OUR PLACE. WE HAVE 60 COMMITTEES THAT COULD BE HAVING THE GENERAL MOTORS AND CHRYSLER SKRAOUFS DRIVE IN THEIR CONGRESSIONALLY APPROVED HYBRID CARS TO WASHINGTON, D.C. ALL DAY WHILE THEY OUGHT TO BE FIGURING OUT HOW THEY COULD MAKE A CAROUSEL BETTER -- CAR SELL BETTER THAN SOME OTHER COMPANY. LET'S GET THE STOCK OUT OF WASHINGTON AND INTO THE HANDS OF TAXPAYERS. I HAVE TWICE PRESENTED A CAR CZAR AWARD TO TRY TO PUT A SPOTLIGHT ON THE POLITICAL MEDDLING IN WASHINGTON, D.C. ONCE I GAVE IT TO BARNEY FRANK WHO CALLED UP THE GENERAL MOTORS PRESIDENT AND SAID, DON'T CLOSE A WAREHOUSE IN MY DISTRICT AND GENERAL MOTORS DIDN'T. ONCE I GAVE IT TO MYSELF AN MET WITH THE G.M. PEOPLE AND SAID PLEASE PUT A PLANT IN MY DISTRICT THE TODAY I WOULD LIKE TO -- DISTRICT. TIED WOULD LIKE TO PRESENT IT TO A REAL CAR CZAR. THERE IS AN ARTICLE ABOUT LIEUTENANT GENERAL PLACIPA WHO WAS THE CAR CZAR OF ROMANIA. I ASK UNANIMOUS CONSENT THAT FOLLOWING MY REMARKS THAT THIS ARTICLE ABOUT WHAT HE LEARNED AS CAR CZAR BE INCLUDED IN THE RECORD. |
| 01:01:03 | THE PRESIDING OFFICER | WITHOUT OBJECTION. |
| 01:01:05 | Alexander, Lamar | THANK YOU, MADAM PRESIDENT. BASICALLY HE SAYS THE UNITED STATES IS FAR MORE POWERFUL THAN GREAT BRITAIN WAS THEN AND NO AMERICAN SHOULD BE CAPABLE OF DESTROYING ITS SOLID ECONOMIC BASE. I HOPE THAT THE U.S. ADMINISTRATION AND OTHERS WILL LOOK CLOSELY AT HISTORY AND PREVENT THE OUGHT MOW MOTIVE -- AUTOMOTIVE INDUSTRY TO NOT FOLLOW THE ROMANIAN CARS. HOW THE PRESIDENT OF ROMANIA DECREED THAT THE ULSET PARTS WERE TO BE MANUFACTURED AT 166 EXISTING ROMANIAN FACTORIES IN EXACTLY PARTS OF THE COUNTRY THAT CORRESPONDED TO THE VOTING DISTRICTS. CAN I SEE THAT HAPPENING HERE IN THE UNITED STATES. WE ALREADY HAVE CONGRESSMEN SAYING DON'T BUY A BATTERY IN SOUTH KOREA, BUY ONE IN MY CONGRESSIONAL DISTRICT TO PUT IN THE CHEVY VOLT. THEY MIGHT BUY IT FROM SOUTH KOREA BECAUSE IT WOULD MAKE THE CHEVY VOLT A SUCCESS. IT REMINDS ME OF AN ARTICLE IN "THE NEW YORK TIMES" IN 1989 TALKING ABOUT THE SOVIET CARS CALLED THE LOTTA, WHICH WERE JOKES AND THE DIFFICULTY THAT THE SOVIET UNION HAD, THE JOKES ABOUT THE LOTTA, WHAT TO YOU CALL A LOTTA WITH TWIN TAILPIPES? A WHEEL BARO. WHY DO THEY HAVE HEATED WINDOWS, SO YOU CAN KEEP YOUR HANDS WARM WHILE PUSHING THEM IN THE SNOW. IN OTHER WORDS, WE POLITICIANS DON'T KNOW ANYTHING ABOUT MAKING CARS AND WE SHOULDN'T PRETEND THAT WE DO. THE AMERICAN PEOPLE KNOW THAT. THEY DON'T LIKE THE FACT THAT WE SPENT $50 BILLION BY BAILING OUT THE CAR COMPANIES. THEY LIKE IT WORSE THAT WE'RE SITTING ON 60 COMMITTEES ACTING LIKE WE CAN HELP THEM SUCCEED. THE SINGLE MOST IMPORTANT THING THAT WE CAN DO TO CELEBRATE GENERAL MOTORS COMING OUT OF BANKRUPTCY THIS WEEK IS TO PASS THE AMENDMENT THAT WE HAVE OFFERED WHICH WOULD GIVE ALL OF THE STOCK THAT THE GOVERNMENT HAS IN GENERAL MOTORS AND CHRYSLER WITHIN ONE YEAR TO THE 120 MILLION AMERICANS WHO PAID TAXES ON APRIL 15. THE RATIONALE IS VERY SIMPLE. THEY PAID FOR IT, THEY SHOULD OWN IT. THAT WOULD BEGIN TO STOP THIS TREND WE'RE SEEING EVERY DAY AND EVERY MONTH IN WASHINGTON OF TOO MANY WASHINGTON TAKEOVERS AND MOVE US BACK IN THE DIRECTION THAT WE OUGHT TO GO TO REBUILD A GREAT CAR COMPANY AND TO GET JOBS FLOWING IN THIS COUNTRY AGAIN. I THANK THE PRESIDENT AND I YIELD THE FLOOR. |
| 01:03:42 | THE PRESIDING OFFICER | THE SENATOR FROM ALABAMA. |
| 01:03:46 | Sessions, Jeff | I THANK THE CHAIR. HOW MANY TIME IS LEFT? |
| 01:03:49 | THE PRESIDING OFFICER | 12 MINUTES REMAINING. |
| 01:03:52 | Sessions, Jeff | I THANK THE CHAIR AND EXPRESS MY APPRECIATION TO THE SENATOR FROM TENNESSEE FOR HIS INSIGHTFUL COMMENTS. IT IS AN TANGLED WEB WE CREATE WHEN WE START OWNING AUTOMOBILE COMPANIES OF WHICH WE KNOW NOTHING ABOUT. I WOULD JUST SAY, MADAM PRESIDENT, WE ARE LOOKING FORWARD NEXT WEEK IF -- WORKING AS HARD AS WE POSSIBLY CAN TO ENSURE WE HAVE A -- A VERY FINE CONFIRMATION HEARING IN THE JUDICIARY COMMITTEE FOR THE JUSTICE NOMINATED -- JUDGE NOMINATED TO BE JUSTICE OF THE SUPREME COURT BY PRESIDENT OBAMA, JUSTICE SOTOMAYOR. I WANT TO SHARE A FEW THOUGHTS ABOUT THAT. SOME MATTERS THAT I THINK ARE IMPORTANT FOR US, MY COLLEAGUES TO THINK ABOUT AS THEY STUDY THIS ISSUE AND WORK TO DO THE RIGHT THING ABOUT IT. THE PRESIDENT'S NOMINEE IS, OF COURSE, HIS NOMINEE, IT'S OUR RESPONSIBILITY, THE ONLY OPPORTUNITY THE AMERICAN PEOPLE HAVE TO KNOW ANYTHING ABOUT THIS PROCESS IS REALLY THE HEARING IN WHICH THE NOMINEE HAS TO ANSWER QUESTIONS AND RESPOND AND SENATORS MAKE COMMENTS AND ASK QUESTIONS. MADAM PRESIDENT, WHEN WE ELEVATE ONE OF OUR CITIZENS TO A FEDERAL JUDGESHIP, WE GIVE THEM AN AWESOME RESPONSIBILITY AND PARTICULARLY SO WHEN THEY'RE ELEVATED TO THE SUPREME COURT. THEY ARE THE FINAL WORD ON OUR CONSTITUTION, HOW THOSE WORDS -- HOW THE CONSTITUTION AND OUR LAWS ARE TO BE INTERPRETED. SOME JUDGES, I HAVE TO SAY, HAVE NOT BEEN FAITHFUL IN THEIR RESPONSIBILITIES. THEY'VE ALLOWED THEIR PERSONAL VIEWS AND VALUES TO IMIN FACT, IN MY -- IMPACT THAT, IN MY VIEW. WE ASK JUDGES TO TAKE ON A DIFFERENT ROLE THAN THEY HAVE IN PRIVATE PRACTICE. WE ASK THEM TO SHED THEIR PERSONAL BELIEFS, THEIR PERSONAL BIASES AND, YES, THEIR PERSONAL EXPERIENCES. WE ASK THEM TO TAKE AN OATH TO IMPARTIAL JUSTICE. OUR WONDERFUL JUDICIAL SYSTEM, THE GREATEST THE WORLD HAS EVER SEEN, RESTS UPON THAT FIRST PRINCIPLE. IT IS AN ADD ADVERSARIAL SYSTEM, CROSS-EXAMINATION. IT IS DESIGNED TO PRODUCE AND -- OTHER RULES AS A PART OF IT ARE DESIGNED TO PRODUCE TRUTH -- OBJECTIVE TRUTH. THE AMERICAN LEGAL SYSTEM IS FOUNDED ON A BELIEF IN OBJECTIVE TRUTH AND ITS ACERTAIN TRAIN ABILITY. THIS IS THE -- ASKER IS ASKER IS AS CETAINABLE. THEIR WORDS DON'T REALLY HAVE MEAN. WORDS ARE JUST MATTERS SOME POLITICAL POWERFUL GROUP GOT PAST ONE DAY AND THEY DON'T HAVE CONCRETE MEANINGS. YOU DON'T HAVE TO TRY TO ASCERTAIN WHAT THEY MEANT. INDEED, A GOOD JUDGE -- A GOOD THEORY OF LAW IS TO ALLOW THE JUDGE TO UPDATE IT OR CHANGE IT OR ADOPT HOW THEY WOULD LIKE IT TO BE. AND I WOULD SUGGEST, MADAM PRESIDENT, THIS IS NOT A HEALTHY TREND IN AMERICA. AND IT IMPACTS THIS NATION ACROSS THE BOARD IN SO MANY, MANY WAYS, BUT I THINK IT'S PARTICULARLY PERNICIOUS WHEN IT COMES TO LAW IF THAT KIND OF RELATIVE MENTALITY IS -- TAKES OVER. SO THIS NOTION OF BLIND JUSTICE, OBJECTIVITY, IMPARTIALITY IS IN OUR LEGAL SYSTEM FROM THE BEGINNING AND IT SHOULD NOT BE ERODED. A JUDGE TAKES AN OATH -- EVERY JUDGE TAKES THIS OATH. AND IT SUMS UP, I THINK, SO WELL THE IDEALS OF THE FABULOUS SYSTEM WE HAVE. A JUDGE TAKES THIS OATH -- QUOTE -- "I DO SOLEMNLY SWEAR THAT I WILL ADMINISTER JUSTICE WITHOUT RESPECT TO PERSONS AND TO DO EQUAL RIGHT TO THE POOR AND THE RICH AND THAT I WILL FAITHFULLY AND IMPARTIALLY DISCHARGE AND PERFORM ALL THE DUTIES INCUMBENT UPON ME UNDER THE CONSTITUTION AND THE LAWS OF THE UNITED STATES, SO HELP ME GOD." CLOSE QUOTE. WELL, I GUESS THE COURT HADN'T GOTTEN AROUND TO STRIKING THEIR OATH YET, AT LEAST THE PART THAT SAYS SO HELP ME GOD. BUT THOSE PHRASES HAVE BEEN ATTACKED AROUND THE COUNTRY BY FEDERAL JUDGES IN MANY, MANY INSTANCES. SO I MUST SAY THIS OATH -- I'VE GOT TO SAY THIS -- STANDS IN CONTRAST TO THE PRESIDENT'S STATED STANDARD FOR JUDICIAL NOMINEES. AND I'M CONCERNED BASED ON HER SPEECHES AN STATEMENTS THAT IT MAY ALSO BE THE JUDICIAL PHILOSOPHY OF JUDGE SOTOMAYOR. IN 2005 THEN SENATOR OBAMA EXPLAINED THAT 5% OF CASES, HE BELIEVES, ARE DETERMINED BY -- QUOTE -- "ONE'S DEEPEST VALUES AND CORE CONCERNS AND THE DEPTH AND BREADTH OF ONE'S EMPATHY." CLOSE QUOTE. HE MEANS A JUDGE'S PERSONAL CORE CONCERNS, VALUES, AND EMPATHY. WELL, ACCORDING TO THE PRESIDENT IN 5% OF THE CASES WHERE ISSUES ARE CLOSE, IT'S ACCEPTABLE. I THINK WE MUST DRAW FROM HIS STATEMENT, THAT IT'S ACCEPTABLE FOR JUDGES TO NOT SET ASIDE THEIR PERSONAL BELIEFS, TO NOT DISCARD THEIR PERSONAL BIASES, TO NOT DISPENSE WITH THEIR PERSONAL EXPERIENCES AS THEY MAKE RULINGS, AS THEY DECIDE CASES, WHICH IS WHAT JUDGES DO. ACCORDING TO THE PRESIDENT IN 5% OF CASES LADY JUSTICE SHOULD, WE MAY SAY, REMOVE HER BLINDFOLD, TAKE A LOOK AT THE LITIGANTS, REACH OUT AND PLACE A THUMB ON THE SCALES OF JUSTICE ON ONE SIDE OR THE OTHER. I THINK THIS IS A DANGEROUS DEPARTURE FROM THE MOST FUNDAMENTAL PILLAR OF OUR JUDICIAL SYSTEM, JUDICIAL IMPARTIALITY. THAT'S WHY JUDGES ARE GIVEN LIFETIME APPOINTMENTS. THEY'RE SUPPOSED TO BE UNBIAS, IMPARTIAL. WELL, WHATEVER THIS NEW EMPATHY STANDARD IS IS NOT LAW. IT IS MORE AKIN TO POLITICS THAN LAW. WHENEVER A JUDGE PUTS HIS OR HER THUMB ON THE SCALE OF JUSTICE IN FAVOR OF ONE PARTY OR ANOTHER, THE JUDGE NECESSARILY DISFAVORS THE OTHER PARTY. FOR EVERY LITIGANT WHO BENEFITS FROM THIS SO-CALLED EMPATHY, THERE WILL BE ANOTHER LITIGANT WHO LOSES NOT BECAUSE OF THE LAW OR THE FACTS, BUT BECAUSE THE JUDGE DID NOT EMPATHIZE OR IDENTIFY WITH THEM. AND, ANYWAY, WHAT IS EMPATHY? WHAT IS EMPATHY? IS THIS YOUR PERSONAL FEELING THAT YOU HAD A TOUGH CHILDHOOD OR SOMETHING PREJUDICE THAT YOU HAVE, YOU'RE PROTESTANT OR CATHOLIC, YOUR ETH ETHNICITY OR RACE? IS THAT WHAT EMPATHY IS? IT HAS NO OBJECTIVE MEANING, AND THAT'S WHY IT'S NOT A LEGAL STANDARD. THE OATH OF IMPASSIONALITY TO EQUAL JUSTICE TO THE RICH AND THE POOR ALIKE IS VIOLATED, I SUGGEST, WHEN SUCH THINGS INFECT THE DECISION-MAKING PROCESS. SO WITH THIS AS HIS STATED STANDARD, THE PRESIDENT HAS NOMINATED JUDGE SONIA SOTOMAYOR FOR THE SUPREME COURT OF THE UNITED STATES AND THUS FAR OUR REVIEW OF HER RECORD SUGGESTS THAT SHE MAY WELL EMBRACE THIS PRESIDENT'S NOTION OF EMPATHY AND I WILL SHARE A FEW THOUGHTS ON THAT. ON A NUMBER OF OCCASIONS OVER THE YEARS JUDGE SOTOMAYOR DELIVERED A SPEECH ENTITLED "WOMEN IN THE JUDICIARY." IN IT SHE EMPHASIZES THAT SHE ACCEPTS THE PROPOSITION THAT A JUDGE'S PERSONAL EXPERIENCES AFFECT THEIR OUTCOME. SAYING -- QUOTE -- "IN SHORT I ACCEPT THE PROPOSITION THAT A DIFFERENCE WILL BE MADE BY THE PRESIDENT -- PRESENCE OF WOMEN ON THE BENCH AND THAT MY EXPERIENCES WILL AFFECT THE FACTS I CHOOSE TO SEE AS A JUDGE." CLOSE QUOTE. IN FACT, IN ONE SPEECH SHE REJECTED ANOTHER WOMEN JUDGE'S VIEW THAT A WOMAN AND MAN SHOULD REACH THE SAME DECISION IN A CASE AND SHE EXPLICITLY REJECTED THAT CONCEPT. SHE REAFFIRMS -- QUOTE -- "I SIMPLY DO NOT KNOW WHAT THAT JUDGMENT WILL BE IN MY JUDGING, BUT ACCEPT THERE WILL BE SOME DIFFERENCES BASED ON MY GENDER AND EXPERIENCES. IT HAS IMPOSED ON ME." SO I THINK THIS WOULD TEND TO BE A REJECTION OF THE ASPIRATION, THE IDEAL OF IMPARTIALITY THAT IS FUNDAMENTAL TO OUR LEGAL SYSTEM AND TO OUR FREEDOMS. IN THE LATEST SPEECH JUDGE SOTOMAYOR TAKES A GIANT STEP EXPRESSING A DESIRE TO DRAW UPON HER EXPERIENCES IN HER JUDGING. SHE STATES "PERSONAL EXPERIENCES AFFECT THE FACTS JUDGES CHOOSE TO SEE. MY HOPE IS THAT I WILL TAKE THE GOOD FROM MY EXPERIENCES AND EXTRAPOLATE THEM FURTHER INTO AREAS WHERE I'M UNFAMILIAR. I SIMPLY DO NOT KNOW EXACTLY WHAT THAT DIFFERENCE WILL BE IN MY JUMGING, BUT I -- JUDGING, BUT I ACCEPT THAT THERE WILL BE SOME BASE THE ON MY GENDER AND HERITAGE." CLOSE QUOTE. ARE THE DAYS NOW GONE WHEN JUDGES SHOULD SEE THAT TAKING OFFICE IS A COMMITMENT TO SET ASIDE THEIR PERSONAL EXPERIENCES AND BIASES AND VIEWS WHEN THEY PUT ON THE ROBE? GONE ARE THE DAYS WHEN JUDGES EVEN ASPIRE TO BE IMPARTIAL? IN THAT SAME SPEECH WHICH HAS BEEN GIVEN A NUMBER OF TIMES JUDGE SOTOMAYOR GOES ONE STEP FURTHER SAYING -- QUOTE -- "I WILLINGLY ACCEPT THAT WE WHO JUDGE MUST NOT DENY THE DIFFERENCES RESULTING FROM EXPERIENCE AND HERITAGE, BUT ATTEMPT CONTINUOUSLY TO JUDGE WHEN THOSE OPINIONS SYMPATHIES AND PREJUDICES ARE APPROPRIATE." CLOSE QUOTE. SO SHE SAYS A JUDGE SHOULD ATTEMPT TO -- ATTEMPT CONTINUOUSLY TO JUDGE WHEN THOSE OPINIONS AND SYMPATHIES AND PREJUDICES ARE APPROPRIATE. THAT MEANS A JUDGE'S PREJUDICES. IT'S APPROPRIATE TO USE THEM IN A DECISION-MAKING PROCESS. I THINK. SO, MR. PRESIDENT, I FIND THIS TO BE AN EXTRAORDINARY JUDICIAL PHILOSOPHY. SOME MAY SAY YOU'RE MAKING TOO MUCH OF IT, THAT EMPATHY SOUNDS FINE TO ME. I DON'T HAVE ANY PROBLEM WITH THAT. EMPATHY IS GREAT PERHAPS IF YOU'RE THE BENEFICIARY OF IT. THE JUDGE IS EMPATHETIC WITH YOU, YOUR SIDE OF THE ARGUMENT. BUT IT'S NOT GOOD IF YOU'RE ON THE WRONG SIDE OF THE ARGUMENT, IF YOU DON'T CATCH A JUDGE'S FANCY OR FAIL TO APPEAL TO A SHARED PERSONAL EXPERIENCE. AND THIS APPROACH TO JUDGING AS EXPRESSED IN HER SPEECHES AND WRITINGS APPEAR TO HAVE PLAYED AN IMPORTANT PART IN THE NEW HAVEN FIREFIGHTERS CASE THAT SENATOR McCONNELL MENTIONED EARLIER. THESE WERE THE 17 FIREFIGHTERS WHO FOLLOWED ALL THE RULES AND STUDIED FOR THE TEST. AND IT WAS PUBLICLY SET OUT HOW THE PROMOTIONS WOULD TAKE PLACE IN THAT DEPARTMENT. AND A NUMBER OF PEOPLE PASSED, BUT A NUMBER OF PEOPLE DIDN'T, AND THERE WAS A NUMBER OF MINORITIES WHO DID NOT PASS. AND THEY WANTED TO CHANGE THE TEST AFTER IT HAD BEEN CARRIED OUT, CHANGE THE RULES OF THE GAME AFTER IT HAD BEEN CARRIED OUT BECAUSE THEY DIDN'T LIKE THE RESULTS. THIS IS A RESULTS-ORIENTED QUESTION. BOWING TO POLITICAL PRESSURE, THE CITY GOVERNMENT LOOKED AT THE TEST RESULTS AND THE STATISTICAL DATA AND CHANGED THE RULES OF THE GAME. THEY THREW OUT THE TEST. THIS WAS CHALLENGED BY THE PERSONS WHO PASSED. AND THE DISTRICT JUDGE THEN AGREED WITH THE CITY IN A 48 OR SO PAGE OPINION. AND IT WAS APPEALED TO JUDGE SOTOMAYOR'S COURT. IN ONE PARAGRAPH ONLY, SHE AGREED WITH THAT DECISION, EVEN THOUGH IT RAISED FUNDAMENTAL IMPORTANT CONSTITUTIONAL QUESTIONS, REALLY IMPORTANT QUESTIONS. AND SHE CONCLUDED THAT THE COMPLAINING FIREFIGHTERS WERE NOT EVEN ENTITLED TO A TRIAL, THAT THE PRETRIAL MOTIONS AND SO FORTH WERE SUFFICIENT TO DENY THEM THE REMEDY THAT THEY SOUGHT AND TO AFFIRM THE CITY'S OPINION. IN ONE PARAGRAPH. WELL, THE U.S. SUPREME COURT DISAGREED WITH THAT. THEY WROTE ALMOST 100 PAGES IN THEIR OPINION AND REVERSED. ALL NINE JUSTICES VOTED TO REVERSE THE DECISION. IT WAS NOT 5-4. FIVE OF THE JUSTICES, THE MAJORITY, RULED THAT BASED ON THE FACTS AND EVIDENCE THAT HAD BEEN PRESENTED PRIOR TO TRIAL, THAT THE FIREFIGHTERS WERE ENTITLED TO TOTAL VICTORY AND BE ABLE TO WIN THEIR LAWSUIT. THIS IS A PRETTY SIGNIFICANT REVERSAL, I HAVE TO SAY. SO THE QUESTION IS: DID SHE ALLOW HER PRIOR EXPERIENCES AND BELIEFS TO IMPACT HER DECISION IN THAT CASE? I WOULD JUST POINT OUT THAT SHE WAS AN ACTIVE MEMBER OF THE PUERTO RICAN APPEAL DEFENSE FUND WHERE SHE SPENT A NUMBER OF YEARS WORKING ON A -- ON CASES LIKE THIS AND FILING LITIGATION AND CHALLENGING PROMOTION POLICIES IN CITIES AROUND THE COUNTRY, WHICH IS A LEGITIMATE THING FOR A GROUP TO DO. BUT THEY DID TAKE A VERY AGGRESSIVE STANDARD THAT CRITICIZING TEST AND THE STANDARDIZED PROCESS OF TESTING. AND, OF COURSE, HER STATED PHILOSOPHY IS THAT A JUDGE SHOULD USE LIFE EXPERIENCES IN REACHING DECISIONS. AND WE DO KNOW THAT SHE BELIEVES THAT A JUDGE IS EMPOWERED TO UTILIZE HIS OR HER PERSONAL -- QUOTE -- "OPINION, SYMPATHIES AND PREJUDICES" IN DECIDING CASES. AND WE DO KNOW HER PARTICULAR LIFE EXPERIENCES WITH THE LEGAL DEFENSE FUND WERE CONTRARY TO THE CLAIMS BROUGHT BY THE NEW HAVEN FIREFIGHTERS. WE KNOW THAT SHE WAS A LEADER AND BOARD MEMBER AND CHAIR OF THAT ORGANIZATION'S LITIGATION COMMITTEE. ACCORDING TO "THE NEW YORK TIMES," SHE -- QUOTE -- "MET FREQUENTLY WITH THE LEGAL STAFF OF THE ORGANIZATION TO REVIEW THE STATUS OF CASES" ACCORDING TO "THE NEW YORK TIMES," SHE WAS -- QUOTE -- "INVOLVED AND WAS AN ARDENT SUPPORTER OF THEIR VARIOUS LEGAL EFFORTS." AND SHE OVERSAW AS A BOARD MEMBER AND LITIGATION CHAIR SEVERAL CASES INVOLVING THE NEW YORK CITY DEPARTMENT OF SANITATION, WHICH CHALLENGED A PROMOTION POLICY BECAUSE HISPANICS COMPRISED 5.2% OF THE TEST TAKERS, BUT ONLY 3.8% HAD PASSED THE TEST. THEY DECLARED THAT WAS AN UNFAIR RESULT AND CHALLENGED THE TEST. IN ANOTHER INVOLVED NEW YORK CITY POLICE DEPARTMENT ON BEHALF OF THE HISPANIC POLICE SOCIETY. ANOTHER ONE INVOLVED POLICE OFFICERS IN A DISCRIMINATION CASE CHALLENGING NEW YORK POLICE DEPARTMENTS LIEUTENANTS' EXAM CLAIMING THAT THAT EXAM WAS BIASED. SO UNDER HER LEADERSHIP, THE PUERTO RICAN LEGAL AND DEFENSE FUND, BEFORE SHE BECAME A JUDGE, INVOLVED ITSELF IN A SERIES OF CASES DESIGNED TO ATTACK PROMOTION EXAMS BECAUSE THE GROUP CONCLUDED THAT AFTER THE FACT, AFTER THE TEST THAT NOT ENOUGH MINORITIES WERE BEING PROMOTED. SO IT SOUNDS A LOT LIKE THIS FIREFIGHTERS CASE THAT WE TALKED A GOOD BIT ABOUT SO FAR. AND SO WE'RE LEFT TO WONDER WHAT ROLE DID THE JUDGE'S PERSONAL EXPERIENCES PLAY WHEN SHE HEARD THE CASE. DID HER PERSONAL VIEWS, AS SHE HAS STATED -- QUOTE -- "AFFECT THE FACTS SHE CHOSE TO SEE?" |
| 01:21:46 | THE PRESIDING OFFICER | SENATOR, THE REPUBLICAN TIME HAS EXPIRED. |
| 01:21:49 | Sessions, Jeff | MADAM PRESIDENT, I WOULD ASK FOR ONE MINUTE ADDITIONAL TIME, UNANIMOUS CONSENT. |
| 01:21:55 | THE PRESIDING OFFICER | WITHOUT OBJECTION. |
| 01:21:57 | Sessions, Jeff | SO THOSE ARE IMPORTANT QUESTIONS, AND WE'LL ASK ABOUT THAT AND GIVE HER A FULL AND AMPLE OPPORTUNITY TO RESPOND. I DID WANT TO RAISE THESE ISSUES. THE FIREFIGHTERS WERE DENIED PRO MOTION. UNDER HER STATED POLICY, HER PRIOR BACKGROUND, THEY ARE LEFT TO WONDER WAS THE REASON PERHAPS THEY LOST IN HER COURT BECAUSE SHE BROUGHT HER BACKGROUND AND HER PREJUDICES TO BEAR ON THE CASE AND DID NOT GIVE THEM A FAIR CASE? VERY FEW CASES ARE TAKEN BY THE SUPREME COURT, BUT THE SUPREME COURT DID TAKE THIS ONE TO THE BENEFIT OF THE FIREFIGHTERS AND REVERSED THIS DECISION. ALL NINE JUSTICES CONCLUDED THIS WAS IMPROPERLY DONE AND FIVE OF THEM RENDERED THE CASE IN FAVOR OF THE FIREFIGHTERS AS THE CASE EXISTED THEN. MADAM PRESIDENT, I THANK THE CHAIR AND WOULD YIELD THE FLOOR. A SENATOR: MADAM PRESIDENT? |
| 01:23:02 | THE PRESIDING OFFICER | THE SENATOR FROM ILLINOIS. |
| 01:23:03 | Durbin, Richard "Dick" J. | MADAM PRESIDENT, IT'S MY UNDERSTANDING THAT THE SENATOR FROM NORTH CAROLINA IS GOING TO MAKE A UNANIMOUS CONSENT REQUEST. IS THAT CORRECT? A SENATOR: THE SENATOR IS CORRECT. I BELIEVE THE SENATOR FROM NEBRASKA AS WELL. |
| 01:23:20 | Burr, Richard | I WOULD ASK UNANIMOUS CONSENT TO BE RECOGNIZED AFTER THE SENATOR FROM NEBRASKA, IS MY UNDERSTANDING, FOR UP TO TEN MINUTES AS IF IN MORNING BUSINESS. IS THAT WHAT THE LEADER -- |
| 01:23:32 | Durbin, Richard "Dick" J. | AND THE TIME SUGGESTED FOR THE SENATOR FROM NEBRASKA IS HOW MUCH? |
| 01:23:37 | MR. JOHANNS | MADAM PRESIDENT, I ANTICIPATE TEN MINUTES AND WOULD ASK UNANIMOUS CONSENT TO SPEAK FOR TEN MINUTES. |
| 01:23:44 | Durbin, Richard "Dick" J. | MY ONLY HESITATION IS THE FACT THAT WE'RE HAVING A SENATOR SWORN IN AT 12:15 AND THERE'S GOING TO BE A SPEECH TO BE GIVEN BEFORE THAT BY HIS COLLEAGUE. WE ALSO WANTED TO HAVE AN OPENING STATEMENT ALONG THE BILL. IF I COULD ASK THE SENATORS -- I WON'T OBJECT. BUT IF I COULD ASK THAT IT BE CLOSER TO THE FIVE-MINUTE MARK, I THINK WE'LL BE ABLE TO ACHIEVE ALL THAT IN A TIMELY FASHION. IF I COULD SAY IN THE UNANIMOUS CONSENT REQUEST THAT THE SENATOR FROM NEBRASKA BE RECOGNIZED FOR FIVE MINUTES. |
| 01:24:15 | MR. JOHANNS | FIVE MINUTES. |
| 01:24:17 | Durbin, Richard "Dick" J. | FIVE MINUTES IN NORTHBOUND. AND THE SENATOR FROM NORTH CAROLINA UP TO TEN MINUTES. I KNOW YOU SAID YOU WOULDN'T USE UP TO TEN MINUTES. AND THAT WE BE PROTECTED WITH WHATEVER TIME IS USED BY THESE TWO REPUBLICAN SENATORS BE ALLOCATED TO THE DEMOCRATIC SIDE FOR MORNING BUSINESS, WHICH WE'RE NOT LIKELY TO USE. I MAKE THAT UNANIMOUS CONSENT REQUEST. |
| 01:24:40 | THE PRESIDING OFFICER | WITHOUT OBJECTION. |
| 01:24:46 | MR. JOHANNS | MADAM PRESIDENT? |
| 01:24:47 | THE PRESIDING OFFICER | THE SENATOR FROM NEBRASKA. |
| 01:24:49 | MR. JOHANNS | MADAM PRESIDENT, OVER THE LAST SEVERAL DAYS DURING THE RECESS, I SPENT A LOT OF TIME POSTING A SERIES OF DISCUSSIONS ON HEALTH CARE. I MET WITH DOCTORS AND HOSPITALS, UNDERWRITERS, SMALL BUSINESS OWNERS AND UNINSURED NEBRASKANS. MANY OF THEM FEEL AS IF THEY ARE ONE ILLNESS AWAY FROM A CRISIS. THE ECONOMIC SLOWDOWN HAS ONLY HEIGHTENED THAT FEAR. THEIR CONCERNS ARE REAL. AND I WOULD SUGGEST THAT WE ARE IN A PLACE AS A CONGRESS TO ACT CAREFULLY TO ADDRESS THEM. WE NEED TO CREATE A HEALTH CARE SYSTEM THAT PROTECTS PATIENT RIGHTS, LETS THEM SEE THEIR DOCTOR, AND THAT IS AFFORDABLE. BUT I'M CONCERNED ABOUT THE DISCUSSION THAT IS OCCURRING TODAY. THE AMERICAN PEOPLE DESERVE TRUE SOLUTIONS. SPECIFICALLY, I HAVE RESERVATIONS ABOUT A GOVERNMENT-RUN PUBLIC PLAN. SOME, I WOULD SUGGEST, ARE SUGAR COATING THIS NEW BUREAUCRACY. HOWEVER, THE MORE YOU LEARN ABOUT IT, THE MORE YOU REALIZE THERE'S NOTHING OPTIONAL ABOUT IT. IN MY JUDGMENT, IT'S A ONE-WAY TICKET TO A SINGLE-PAYER, GOVERNMENT-RUN HEALTH CARE SYSTEM, ONE THAT WILL COMPROMISE PATIENT ACCESS TO QUALITY CARE. IT'S REALLY IMPOSSIBLE FOR PRIVATE INDUSTRY TO COMPETE WITH THE GOVERNMENT. THE GOVERNMENT CAN FIX THE PRICES, PICK THE RULES. THEY CAN HAVE THE ONLY FEASIBLE PLAN, THE GOVERNMENT PLAN. THAT CLOSE CALL AT THE PLATE DOESN'T CALL THE RUNNER OUT, IN OTHER WORDS. THE FOUL BALL MAGICALLY BECOMES A HOME RUN. SOME WILL SAY GOVERNMENT-RUN OPTION WILL INCREASE COMPETITION, KEEP THE INSUREDS HONEST. LEFT UNSAID IS THAT GOVERNMENT OFFERED PAYMENTS ON MEDICAID AND MEDICARE ARE CAUSING ENORMOUS COST SHIFTING TODAY, INCREASING HEALTH CARE COSTS FOR OTHER. UNDERPAYMENTS FOR MEDICARE AND MEDICAID ARE ESTIMATED TO BE ABOUT $89 BILLION. THAT'S AN ADDITIONAL $1,800 FOR EACH FAMILY. HOSPITALS AND DOCTORS LITERALLY TOLD ME THAT THEY COULD NOT KEEP THEIR BUSINESSES OPEN ON THE MEDICAID AND MEDICARE REIMBURSEMENT RATE. SO THE CREATION OF ANOTHER PLAN, A GOVERNMENT PLAN, WILL ONLY ROB FROM PETER TO PAY PAUL. EVENTUALLY THERE WILL BE NO PRIVATE INSURANCE COMPANIES LEFT TO BEAR THE BURDEN. THE BOTTOM LINE IS THAT GOVERNMENT DOESN'T BALANCE THE BOOKS AND IT VIEWS ITSELF AS NOT HAVING TO. WASHINGTON SEEMS HAPPY TO JUST KEEP ON PRINTING MONEY, RAISING TAXES. HOW CAN PRIVATE BUSINESS COMPETE WITH THAT? IF A GOVERNMENT-RUN PUBLIC PLAN WAS TRULY GOING TO COMPETE, IT WOULD FACE THE SAME REGULATION, THE SAME RISK THAT THE PRIVATE INDUSTRY FEELS. NO BAILOUTS. DOES ANYONE REALLY THINK THE BILL'S PROPONENTS WOULD HONESTLY ALLOW IT TO GO INSOLVENT? LOOK AT A.I.G., SPWAFRPBG, GENERAL MOTORS -- CITIBANK. THE CITY WITH A COMPETITIVE GOVERNMENT OPTION, I FEEL IS A FAIRY TALE. A GOVERNMENT-RUN PLAN WILL UNDERCUT THE PRIVATE MARKET. I'M NOT DEFENDING THE PRIVATE INSURANCE INDUSTRY. FAR FROM IT. BUT WE NEED TO BE HONEST WITH THE AMERICAN PEOPLE. AN UNEVEN PLAYING FIELD IS NOT RIGHT AND IT WON'T BENEFIT AMERICANS. THE EFFECT I FEAR WILL BE LONGER WAITING LINES, LESS INNOVATION AND RATIONING CARE. IN CANADA THE AVERAGE WAIT TIME FOR RADIATION TREATMENT IS SEVEN WEEKS. I CAN'T IMAGINE ASKING AMERICANS TO WAIT THE SAME TIME. THERE ARE SOME IN WASHINGTON WHO HAVE THEIR HEELS DUG IN ON A SINGLE-PAYER PLAN. IT CONTRADICTS THE PRESIDENT'S PROMISE. HE SAID OVER AND OVER AGAIN THAT PEOPLE WILL BE ABLE TO KEEP THEIR HEALTH CARE, BUT AMERICANS BEWARE. ONE STUDY ESTIMATES THAT 119 MILLION PEOPLE WILL SHIFT TO THE GOVERNMENT PLAN. THEY WON'T CHOOSE THAT. THEIR EMPLOYER WILL CHOOSE IT FOR THEM. WE CAN'T FAULT EMPLOYERS WHO ARE TRYING TO SAVE MONEY. IN THE COMMITTEE DRAFT, BUSINESS THAT IS EMPLOY 25 OR MORE EMPLOYEES WILL BE REQUIRED TO PAY AN ANNUAL PENALTY OF $750 PER EMPLOYEE. BUT THAT'S NO PENALTY COMPARED TO THE COST OF PRIVATE INSURANCE. IN 2008, THE AVERAGE EMPLOYER'S COST FOR AN INDIVIDUAL IN AN HEALTH CARE PLAN WAS $3,900, SO YOU CAN SEEP WHY THE SHIFT WOULD -- SEE WHY THE SHIFT WOULD OCCUR. ULTIMATELY PEOPLE WON'T HAVE A CHOICE. THEIR EMPLOYER WILL MAKE THE CHOICE AND THEY WILL BE FORCED TO THE GOVERNMENT PLAN. TO PROMISE OTHERWISE IS MISLEADING. EVEN THE PRESIDENT HAS RECOGNIZED THAT THAT SHIFT IS GOING TO OCCUR. I CONCLUDE MY COMMENTS TODAY, MADAM PRESIDENT, BY SAYING DON'T BE FOOLED. A GOVERNMENT PLAN THAT LITERALLY DOES LEVEL THE PLAYING FIELD MEANS THAT PEOPLE WILL GO TO THE GOVERNMENT PLAN AND EVENTUALLY YOU WON'T HAVE A PRIVATE INSURANCE INDUSTRY THAT IS VIABLE. THANK YOU, MADAM PRESIDENT. |
| 01:30:10 | MR. DURBIN:A SENATOR | MADAM PRESIDENT? |
| 01:30:11 | THE PRESIDING OFFICER | THE SENATOR FROM NORTH CAROLINA. |
| 01:30:14 | Burr, Richard | ONE OF THE PRIVILEGES OF BEING A UNITED STATES SENATE IS THAT WE HAVE AN OPPORTUNITY TO MEET EXTRAORDINARY PEOPLE EVERY DAY, WHETHER YOU'RE THE SENATOR FROM ILLINOIS OR THE SENATOR FROM NEBRASKA, EXTRAORDINARY PEOPLE WALK THROUGH OUR DOOR EVERY DAY OF THE WEEK. BUT SOMETIMES, MADAM PRESIDENT, WE GET TO MEET AMAZING INDIVIDUALS THAT WE CAN HONESTLY CALL HEROES, HEROES THAT LAY THEIR LIFE ON THE LINE AND SACRIFICE THEMSELVES FOR OUR FREEDOM. MASTER SERGEANT BRENDON O'CONNOR, A MEDIC IN THE SPECIAL FORCES GROUP IS ONE OF THOSE VERY SPECIAL PEOPLE. IN JUNE OF 2006, HE HE HE WAS DEPLOYED TO AFGHANISTAN IN SUPPORT OF OPERATION ENDURING FREEDOM, HIS GROUP WAS STATIONED IN KANDAHAR. MR. PRESIDENT, WE'VE ALL HEARD NEWS REPORTS AN HEARD OF SUICIDE BOMBERS DRIVING CARS LOADED WITH EXPLOSIVES INTO MARKETS, AND CROWDED AREAS KILLING -- KILLING INNOCENT MEN, WOMEN, AND CHILDREN. WE'VE ALL HEARD ACCOUNTS OF SUICIDE BOMBERS STRAPPING EXPLOSIVES TO THEIR WEIGHS AND WALKING INTO A MARKET AND INTENTIONALLY KILLING INDIVIDUALS, THEY HAVE BEEN BRANDED AS RELIGIOUS ZELLROTS WILLING TO DIE FOR THEIR CAUSE. OFTENTIMES THEY RECRUIT SUICIDE BOMBERS IN OTHER WAYS AND GO INTO VILLAGES AND HOLD THE FAMILY HOSTAGE AND INSTRUCT THE YOUNG MAN AND FAMILY AND SAY IF THEY DON'T ERREY OUT A SUICIDE MISSION, THEY WILL KILL THE REST OF THE FAMILY. BRENDON'S TEAM WAS TRACKING ONE OF THESE THUGS THAT WAS NOTORIOUS FOR THIS TYPE OF RECRUITMENT. THEY TRACKED A TERRORIST TO A SMALL VILLAGE. BRANDON'S TEAM SET A PERIMETER TO ROUTE OUT THE WAR LORDS. THEY PROCEEDED TO SWEEP A VILLAGE HOPING TO SURPRISE THE LOCAL TALIBAN LEADER. THEIR ARRIVAL WAS TIPPED OFF TO THE TALIBAN. THEY FLED MINUTES BEFORE THE U.S. SOLDIERS ARRIVED. HAVING FOUND EVIDENCE OF TALIBAN'S EXISTENCE THE SOLDIERS KNEW IT WAS ONLY A MATTER OF TIME BEFORE THEY ENGAGED THE ENEMY. THAT FIRST SKIMMISH STARTED THE -- SKIMMISH STARTED THE NEXT DAY AT DUSK. THERE WERE EIGHT SPECIAL U.S. OPS, TOOK SOME SMALL ARMS AN ROCKET-PROPELLED GRENADE FIRE BUT IT DIDN'T LAST LONG. THE TALIBAN ATTACKED AND THE U.S.-LED FORCES SEVERAL MORE TIMES OVER THE NEXT DAY AND NIGHT, BUT NEVER AMOUNTING TO MUCH. THE U.S.-LED FORCES DENY EVEN SUSTAIN A SINGLE INJURY DURING THAT FIREFIGHT. AFTER HAVING ARRIVED ON WEDNESDAY EVENING SPORADICALLY FIGHTING THE TALIBAN FOR TWO DAYS, BRENDON'S TEAM DECIDED IT WAS TIME TO TAKE THE FIGHT TO THE ENEMY. ON THAT SATURDAY MASTER SERGEANT TOM MAHULOK LED A SMALL RECON GROUP TO A SMALL VILLAGE. THE TEAM WAS COMPRISED OF FOUR SPECIAL OP FORCES AND A DOZEN AFGHAN ARMY. SERGEANT MUHOLLIK WAS ABLE TO GET CLOSE ENOUGH WITHOUT BEING DETECTED. ONCE HE ASSESSED THE SITUATION, THE SERGEANT THOUGHT HE COULD TAKE THE COMPOUND WITH THE SIMPLE RECON TEAM. HE ORDERED TWO OF HIS SOLDIERS, STAFF SERGEANT BENNIE AND STAFF SERGEANT FIRST TO COVER SERGEANT MOHALLIK AND THE EIGHT REMAINING AFGHAN ARMY CONTINGENT. WHEN THE U.S.-LED RECON TEAM LAUNCHED ITS FIRST ATTACK ON THE TALIBAN, THEY WERE GREETED WITH HEAVY MACHINE GUN FIRE. THE FIRST FIRE SUPPRESSION TEAM RETURNED FIRE, HOWEVER THE MACHINE GUN NESTED HAD A TACTICAL ADVANTAGE OVER THE TEAM. THEY HAD THE HIGHER GROUND. MATT WAS STRUCK FIRST BY A BULLET THAT GRAZED HIS NECK AND STUNNED HIM FOR A MOMENT. MATT REGAINED HIS SENSES AND HE AND JOE RETURNED FIRE AS MUCH AS THEY COULD. THE TALIBAN HAD THEM PINNED DOWN. AN R.P.G. ROUND CAME AND STRUCK THE STAFF SERGEANT FIRST DIRECTLY IN THE LEG. DIDN'T EXPLODE, THANKFULLY, BUT BADLY WOUNDED WAS STAFF SERGEANT JOE FIRST. STAFF SERGEANT BENNIE WAS TENDING TO THE SERGEANT'S LEG, HE WAS SHOT THROUGH THE SOLDIER. THE ONLY ONE LEFT WITH A WAS A YOUNG AFGHAN SOLDIER WHO STAYED WITH THEM. STAFF SERGEANT MOHOLLIK RADIOED FOR HELP. AT THE MAIN PERIMETER BRENDON O'CONNOR GOT THE CALL AND PUT A TEAM TOGETHER TO GO GET HIS WOUNDED SOLDIERS. WHEN BRENDON'S TEAM GOT TO THE AREA THE TALIBAN HAD TAKEN POSITIONS ALONG THE ROUTE INTO THE WOUNDED -- LEAVING THE WOUNDED SOLDIERS ONLY ONE PATH. BRENDON INSTRUCTED HIS TEAM TO TAKE UP POSITIONS TO SUPPORT THE WOUNDED AND TO STARTED ON HIS MISSION TO SAVE THE LIVES OF THESE SOLDIERS. AT FIRST BRENDON STARTED CRAWLING THROUGH AN OPEN FIELD WITH HIS GEAR ON. HE QUICKLY REALIZED THIS WASN'T GOING TO WORK. UNDER A HAIL OF SMALL ARMS, R.P.G. AND MACHINE GUN FIRE, BRENDON REMOVED ALL OF HIS ARMOR, CRAWLED TO AN OPEN FIELD TO GET TO THE TWO WOUNDED. BRENDON COULDN'T LOCATE THE TWO SOLDIERS BY SIGHT, ONLY BY CALLING AND AS HE HEARD THEM HE WOULD GET CLOSER AND CLOSER. WHEN HE ARRIVED AT THE TWO WOUNDED, HE HAD TO MAKE A QUICK DECISION ABOUT JOE'S INJURIES WHICH WERE LIGHT THREATENING. HE GOT STAFF SERGEANT BENNIE QUICKLY TAKEN CARE OF AND INSTRUCTED HIM HOW TO GET TO SAFETY. STAFF SERGEANT KOL BERT WASN'T SO EASE -- COLBERT WASN'T SO EASY. HE STARTED TO BRAG HIM, BUT COULDN'T DO IT THE ENTIRE WAY. AS IF BRANDON'S TEAM ACTION WASN'T HEROIC ENOUGH, THIS WILL SEND CHILLS DOWN YOUR SPINE. THIS TIME DURING THE FIGHT IT WAS ESTIMATED NEARLY 300 TALIBAN FIGHTERS ENGAGED THE U.S. FORCE, 300. I SAY APPROXIMATELY BECAUSE SEVERAL AFGHAN ARMY MEMBERS WHO ACCOMPANIED BRENDON'S TEAM FLED BY THIS POINT. AS BRENDON'S COVER CAME TO AN END, HE PULLED JOE UNDER HIS SOLDIER AND RAN ACROSS AN AREA WHILE 300 TALIBAN FIGHTERS WERE SHOOTING AT HIM. GOD WAS WATCHING BRENDON THAT DAY. GOD SAW ONE MAN RISK HIS LIFE TO SAVE ANOTHER. GOD SAW FIT TO SAVE BRENDON FROM HARM AS HE CARRIED A WOUNDED SOLDIER TO SAFETY. UNFORTUNATELY JOE FIRST DIED SOON AFTER BRENDON GOT HIM BACK BECAUSE OF A MASSIVE BLOOD LOSS. STAFF SERGEANT MATT BENNIE SURVIVED BECAUSE OF BRENDON'S LEADERSHIP UNDER FIRE. THE BATTLE THAT HAD GONE ON FOR THREE DAYS WAS COMING TO AN END. THE U.S. HAD AIR SUPPORT THAT ESCORTED THEM OUT OF THE AREA. ALL TOLD THE U.S.-LED FORCE KILLED 125 TALIBAN FIGHTERS AND ONLY LOST TWO OF THEIR OWN WITH ONE WOUNDED. THEY WERE NOT ABLE TO CAPTURE OR KILL THE WAR LORD AT THAT TIME DUE TO THE LOSSES OF THE TALIBAN THAT DAY IN THAT STRIKE U.S. FORCES GOT HIM SEVERAL WEEKS LATER. FOR THEIR HEROICS IN COMBAT MASTER SERGEANT TOM MAHOLLK AND MATT BENNIE WERE AWARDED THE STAR. BRENDON O'CONNOR WAS AWARDED THE DISTINGUISHED SERVICE CROSS FOR HIS VALOR. IT WAS THE FIRST TIME A MEMBER -- OF THE SEVENTH SPECIAL FORCE GROUP HAD BEEN AWARDED THE MEDAL SINCE 1964. IT IS AN HONOR TO HAVE BRENDON AND HIS FAMILY IN WASHINGTON TODAY. HE'S JOINED BY HIS BEAUTIFUL WIFE MEGAN I HIS CHILDREN RYAN, DARBY, AND DILLON. MR. PRESIDENT, IT IS THIS TYPE OF STORY THAT WE RARELY HEAR ABOUT ON THE "NIGHTLY NEWS". BUT THIS STORE WAS TO A-- THIS STORIESSTORIES WITH SO AMAZING THAT "60 MINUTES" DID A PIECE ON IT. MASTER SERGEANT BRENDON O'CONNOR IS A PERSON THAT OTHER WARRIORS THAT HAVE PROUDLY SERVED THIS COUNTRY HOLD IN THEIR HIGHEST REGARD. HE'S A SOLDIER THAT UNDERSTANDS THE PRICE OF FREEDOM. THE UNITED STATES SENATE SALUTES MASTER SERGEANT BRANDON O'CONNOR TODAY. I THANK THE PRESIDENT. I YIELD THE FLOOR. |
| 01:39:23 | THE PRESIDING OFFICER | MORNING BUSINESS IS CLOSED. UNDER THE PREVIOUS ORDER THE SENATE WILL PROCEED TO THE CONSIDERATION OF H.R. 292, WHICH THE CLERK WILL REPORT. |
| 01:39:34 | THE CLERK | H.R. 2892, AN ACT MAKING THE APPROPRIATIONS FOR THE DEPARTMENT OF HOMELAND SECURITY FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2010 AND FOR OTHER PURPOSES. |
| 01:39:46 | Reid, Harry | THE BILL HAS BEEN REPORTED, IS THAT RIGHT? |
| 01:39:48 | THE PRESIDING OFFICER | THE SENATOR IS CORRECT. |
| 01:39:51 | Reid, Harry | I CALL AN AMENDMENT THAT'S AT THE DESK ON BEHALF OF SENATOR INOUYE AND SENATOR BYRD. |
| 01:39:56 | THE PRESIDING OFFICER | THE CLERK WILL REPORT THE ANTI. |
| 01:39:59 | THE CLERK | THE SENATOR -- THE AMENDMENT. |
| 01:40:02 | THE CLERK | THE SENATOR FROM NEVADA PROPOSED AMENDMENT 1373. STRIKE ALL AFTER THE ENACTING CLAUSE AN INSERT THE FOLLOWING: |
| 01:40:15 | Durbin, Richard "Dick" J. | I ASK TO DISPENSE WITH THE READING OF THE SUBSTITUTE AMENDMENT. |
| 01:40:18 | THE PRESIDING OFFICER | WITHOUT OBJECTION. |
| 01:40:20 | Durbin, Richard "Dick" J. | WE TURN TO THE FISCAL YEAR 2010, DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS BILL. THE CHAIRMAN OF THE HOMELAND SECURITY SUBCOMMITTEE, SENATOR ROBERT C. BYRD OF WEST VIRGINIA IS HOME FROM THE HOSPITAL, WHICH IS GOOD NEWS, IMPROVING DAILY AND EAGER TO RETURN TO THE SENATE AS SOON AS HE CAN. EXCUSE ME. SENATOR BYRD HAS BEEN IN REGULAR CONSULTATION WITH HIS STAFF IN THE DEVELOPMENT OF THIS BILL THAT WAS APPROVED BY THE APPROPRIATIONS COMMITTEE ON JUNE 18 BY A VOTE OF 30-0. THIS IS BIPARTISAN BILL. I WANT TO THANK SENATOR COCHRAN AND SENATOR VOINOVICH OF OHIO WHO JOINS ME ON THE FLOOR FOR THE COOPERATION IN DEVELOPING THIS BILL AND I WANT TO THANK THE CHAIRMAN OF THE APPROPRIATIONS COMMITTEE, SENATOR DANIEL K. INOUYE FOR HIS SUPPORT. THE ESTABLISHMENT OF THE DEPARTMENT OF HOMELAND SECURITY AFTER THE DEVASTATING'S EVENTS OF 2001 WAS ONE OF THE MOST AMBITIOUS FEDERAL REORGANIZATIONS SINCE THE DEPARTMENT OF DEFENSE WAS CREATED AFTER WORLD WAR II. IT WAS THE OFFICIAL POSITION OF THE BUSH ADMINISTRATION THAT THE DEPARTMENT COULD BE CREATED AT NO COST TO THE TAXPAYER. THIS TRANSLATED INTO A DEPARTMENT WITH AGING ASSETS, AN INABILITY TO PRAF FOR AND RESPOND TO -- PREPARE FOR AND RESPOND TO NATURAL DISASTERS AND FUTURE THREATS. IN RESPONSE CONGRESS ON A BIPARTISAN BASIS INCREASED HOMELAND SECURITY SPENDING BY AN AVERAGE OF -- ANNUALLY ABOVE THE PRESIDENT'S REQUEST. THESE INCREASES WERE INVESTED IN BORDER SECURITY, CHEMICAL SECURITY, PORT SECURITY, TRANSIT SECURITY, AVIATION SECURITY, AND CYBERSECURITY. CONGRESS ENSURED THAT STATE AN LOCAL PARTNERS IN HOMELAND SECURITY HAVE ADEQUATE RESOURCES TO EQUIP AND TRAIN THE FIRST RESPONDERS. THIS HAS PAID OFF MAKING THE NATION MORE SECURE IN MAKING US BETTER PREPARED FOR DISASTER. WE HAVE A LOT MORE WORK TO DO. THE COMMITTEE-REPORTED BILL TOTALS $42.9 BILLION OF DISCRETIONARY BUDGET AUTHORITY, AN INCREASE OF 7% OVER THE LAST FISCAL YEAR -- CURRENT FISCAL YEAR 2009. CHAIRMAN BYRD HAS SET FIVE MAJOR GOALS FOR BUILT. NUMBER ONE, SECURE OUR BORDERS AND ENFORCE IMMIGRATION LAWS. NUMBER TWO, PROTECT THE AMERICAN PEOPLE FROM TERRORIST THREATS AND OTHER VULNERABLITIES. PREPARE FOR AND RESPOND TO ALL HAZARDS INCLUDING NATURAL DISASTERS. NUMBER FOUR, SUPPORT OUR STATE, LOCAL AND TRIBAL PRIVATE SECTOR PARTNERS IN HOMELAND SECURITY WITH RESOURCES AND INFORMATION AND GIVE THE DEPARTMENT THE MANAGEMENT TOOLS IT NEEDS TO SUCCEED. TO MEET THESE GOALS CHAIRMAN BYRD PROVIDES IN THE BILL WORKING WITH SENATOR VOINOVICH VOINOVICH $10.2 BILLION FOR CUSTOMS AND BORDER PROTECTION INCLUDING AN INITIATIVE TO COMBAT DRUGS. $5.4 BILLION FOR IMMIGRATION AND CUSTOMS ENFORCEMENT INCLUDING INCREASED FUNDS FOR THE SOUTHWEST BORDER INITIATIVE AND THE SECURE COMMUNITIES AND CRIMINAL ALIENS PROGRAMS WHICH IDENTIFY DANGEROUS CRIMINAL ALIENS FOR DEPORTATION WHEN LEASED FROM PRISON. $7.7 BILLION FOR THE TRANSPORTATION SECURITY ADMINISTRATION INCLUDING A A $513 MILLION INCREASE FOR THE PURCHASE AND INSTALLATION OF EXPLOSIVE DETECTION SYSTEMS AT THE AIRPORTS. FUNDING IS INCLUDED FOR 50 ADDITIONAL AIR CARGO INSPECTORS TO MEET THE AUGUST 2010 MANDATE FOR 100% AIR-CARGO SCREENING. THE BILL PROVIDES $143 MILLION FOR SURFACE TRANSPORTATION INCLUDING 100 ADDITIONAL INSPECTORS AND 13 ADDITIONAL SECURITY TEAMS TO IMPROVE THE SECURITY ON THE TRANSIT SECURITY SYSTEMS. .9 BILLION FOR THE COAST GUARD FOR SECURITY FOR CUTTER NUMBER FOUR AND PROVIDE LONG LEAD MATERIALS FOR NSC NUMBER FIVE. IT INCLUDES FOR FAST-RESPONSE CUTTERS, 40 MEDIUM-SIZED RESPONSE BOWS AND FUNDING FOR INNER OPERATIONAL CENTERS WHICH ARE REQUIRED BY THE SAFE PORT ACT. $4.2 MILLION IS PROVIDED FOR THE FIRST RESPONDERS ACT INCLUDING INCLUDING $887 FOR URBAN AREA SECURITY GRANTS, $950 MILLION FOR STATE HOMELAND SECURITY GRANTS AND $350 MILLION FOR EMERGENCY MANAGEMENT PERFORMANCE GRANTS. PORT SECURITY GRANTS RECEIVE RECEIVE $350 MILLION AND TRANSIT RAILROAD BUS GRANTS RECEIVE RECEIVE $356 MILLION. THE BILL INCLUDES $399 MILLION TO COMBAT THE EVOLVING CYBERSECURITY THREAT. SINCE ITS INCEPTION THE DEPARTMENT OF HOMELAND SECURITY HAS HAD SIGNIFICANT MANAGEMENT PROBLEMS. THE COMMITTEE BILL INCLUDES FUNDING INCREASES AND CLEAR DIRECTION TO STRENGTHEN PROCUREMENT AND INFORMATION TECHNOLOGY SYSTEMS AT THE DEPARTMENT. THIS IS A GOOD BILL. BY FOCUSING ON THE FIVE GOALS THAT CHAIRMAN BYRD HAS ESTABLISHED FOR THIS BILL, WE PROVIDE THE RESOURCES AND INFORMATION NECESSARY TO BUILD CONFIDENCE IN OUR ABILITY TO SECURE AMERICA. I URGE THE ADOPTION OF THIS BILL. AND I YIELD THE FLOOR TO THE RANKING REPUBLICAN ON THIS APPROPRIATIONS SUBCOMMITTEE, SENATOR VOINOVICH OF OHIO. |
| 01:45:40 | Voinovich, George | I THANK SENATOR DURBIN, AND I WOULD LIKE TO ACKNOWLEDGE -- |
| 01:45:47 | THE PRESIDING OFFICER | THE SENATOR THE SENATOR FROM OHIO. |
| 01:45:51 | Voinovich, George | -- THE COOPERATION THAT WE RECEIVED FROM SENATOR BYRD AND HIS STAFF AND WE'RE PLEASED THAT SENATOR BYRD IS OUT OF THE THE HOSPITAL AND RECUPERATING AT HOME. I APPRECIATE THE FACT THAT THE SENATOR FROM ILLINOIS HAS STEPPED IN TO PINCH-HIT FOR HIM THIS MORNING. I WOULD LIKE TO CONCENTRATE ON SOME OF THE HIGHLIGHTS THAT I THINK NEED TO BE UNDERSCORED. THE BILL RECOMMENDS A TOTAL OF $44.3 BILLION IN APPROPRIATIONS TO SUPPORT PROGRAMS AND ACTIVITIES IN THE DEPARTMENT OF HOMELAND SECURITY. OF THIS AMOUNT, $42.7 BILLION IS FOR DISCRETIONARY SPENDING. THIS IS ROUGHLY $145 MILLION LESS THAN THE PRESIDENT'S TOTAL DISCRETIONARY REQUEST AND IS CONSISTENT WITH THE SUBCOMMITTEE SPENDING ALLOCATION. IN ADDITION, $1.4 BILLION IS PROVIDED FOR COAST GUARD RETIRED PAY AS THE ONLY MANDATORY FUNDING IN THIS BILL. AND $241.5 BILLION IS PROVIDED FOR COAST GUARD OVERSEAS CONTINGENCY OPERATIONS TO BE TRANSFERRED TO THE COAST GUARD. AND INSTEAD OF BEING APPROPRIATED IN THE DEFENSE APPROPRIATIONS BILL, IS BEING APPROPRIATED HERE. THE BILL INCLUDES SIGNIFICANT RESOURCES FOR BORDER SECURITY AND ENFORCEMENT OF OUR IMMIGRATION LAWS, FOR CONTINUED IMPROVEMENTS IN SECURITY OF OUR NATION'S AIRPORTS, FOR THE COAST GUARD'S OPERATIONS AND DEEP-WATER PROGRAM, RECAPITALIZATION EFFORTS AND FOR HELPING OUR CITIZENS PREPARE AND RECOVER FROM NATURAL DISASTERS, AND FOR EQUIPMENT AND TRAINING OUR NATION'S FIRST RESPONDERS. SENATOR DURBIN HAS INDICATED THERE IS MUCH IN THIS BILL TO RECOMMEND. IT FUNDS A NUMBER OF THE DEPARTMENT'S HIGHEST PRIORITIES AT OR ABOVE THE REQUESTED LEVELS, AND I'M PLEASED THAT THE SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY UNDERSTANDS THAT WE HAVE TRIED TO THE VERY BEST OF OUR ABILITY TO FUND HER PRIORITIES. I'LL NOT LIST ALL OF THE BILL'S FUNDED RECOMMENDATIONS, BUT I DO NOTE SOME OF THEM. FUNDING IS PROVIDED FOR BORDER SECURITY, INCLUDING THE FUNDS TO SUPPORT 20,063 BORDER PATROL AGENTS, 33,400 DETENTION BETS, AND $800 MILLION FOR CONTINUED WORK ON THE BORDER FENCE AND IMPROVED RADIO COMMUNICATIONS. STARTING IN FISCAL YEAR 2005 SIGNIFICANT INCREASES HAVE BEEN PROVIDED FOR BORDER SECURITY AND IMMIGRATION ENFORCEMENT. THIS BILL ALONE PROVIDES AN INCREASE OF $880 MILLION FROM THE FISCAL YEAR 2009 LEVEL EXCLUDING EMERGENCY APPROPRIATIONS. PROGRESS HAS BEEN MADE WITH THESE INVESTMENTS. FEWER PEOPLE ARE ILLEGALLY CROSSING OUR BORDERS. THIS CAN BE SEEN IN THE DECREASE OF APPREHENSIONS OF ALIENS ALONG OUR BORDERS. FROM OVER 1,000,985 -- IN OTHER WORDS WE'VE MADE IT MORE DIFFICULT FOR 475,000 ILLEGAL ALIENS TO CROSS OUR BORDER. MORE FENCING AND PERSONNEL HAVE ALLOWED THE BORDER PATROL TO INCREASE THE MILES OVER WHICH IT HAS EFFFFECTIVE CONTROL. FROM 241 MILES IN OFBGT 2005 TO -- IN OCTOBER OF 2005 TO 600 IN OCTOBER OF 2008. ADDITIONAL AGENTS DETENTION BEDS HAVE ALLOWED CUSTOMS ENFORCEMENT TO INCREASE TOTAL REMOVAL OF ALIENS, FROM 246,000 REMOVALS IN FISCAL YEAR 2005 TO 347,000 IN FISCAL YEAR 2008. WE ARE MAKING PROGRESS, BUT WE STILL HAVE A LONG WAY TO GO, AND IT WILL BE AT GREAT EXPENSE. IN PARTICULAR, I'M PLEASED THE BILL INCLUDES FUNDS ABOVE THE REQUEST TO IMPLEMENT A BIOMETRIC AIR EXIT CAPABILITY. AS THE CHIEF SPONSOR OF THE SECURE TRAVEL AND COUNTERTERRORISM PARTNERSHIP ACT OF 2007, EXPANDING AND IMPROVING THE VISA WAIVER PROGRAM IS ONE OF MY TOP PRIORITIES. THE VISA WAIVER PROGRAM HAS BECOME AN IMPORTANT NATIONAL SECURITY TOOL BECAUSE UNDER THAT LAW, COUNTRIES WHO PARTICIPATE IN THE PROGRAM ARE REQUIRED TO SHARE INFORMATION ON TERRORISTS AND CRIMINALS, REPORT LOST AND STOLEN PASSPORTS AND MAINTAIN HIGH COUNTERTERRORISM AND DOCUMENT SECURITY PRACTICES. SINCE ENACTMENT OF THIS LAW EIGHT NEW COUNTRIES HAVE BEEN ACCEPTED INTO THE PROGRAM AND WE'RE SEEING GREAT IMPROVEMENT IN THE SECURITY PRACTICES OF THE 27 COUNTRIES THAT WERE ALREADY PARTICIPATING IN THE PROGRAM. I'VE JUST RETURNED FROM LITHUANIA AND LATVIA WHERE I WAS JOINED BY SEVERAL OTHER MEMBERS OF THE SENATE, INCLUDING SENATOR DURBIN. TWO COUNTRIES THAT WERE RECENTLY ADMITTED INTO THE VISA WAIVER PROGRAM. FROM A PUBLIC DIPLOMACY POINT OF VIEW, IT HAS BEEN A HOME RUN AND HAS BEEN WELL RECEIVED BY GOVERNMENT OFFICIALS AND CITIZENS ALIKE. I WAS UP IN LATVIA, AND THEY POINTED OUT TO ME THAT GENERAL MULLEN WAS IN LATVIA, WHICH SHOULD HAVE BEEN THE BIGGEST THING IN THE NEWSPAPER THAT DAY THAT HE WAS THERE, OR THE NEXT DAY, REPORTING ON HIS BEING THERE. AND THE THING THAT JUST BLEW HIM AWAY WAS THE FACT THAT LATVIA WAS APPROVED FOR VISA WAIVER STATUS. IT WAS SO WELL RECEIVED BY THE PEOPLE OF LATVIA. I MUST NOTE, HOWEVER, THE TWO AREAS WHICH CONTINUE TO BE OF CONCERN TO ME. ONE IS THE WAY THIS ADMINISTRATION HAS BUDGETED FOR DISASTERS. THE PRESIDENT'S FISCAL YEAR 2010 REQUEST FOR DISASTER RELIEF IS ONLY $2 BILLION. WE KNOW NOW FROM FEMA ESTIMATES THAT THIS IS NOT ENOUGH TO PAY FOR THE DECLARED DISASTERS ALREADY ON THE BOOKS. BASED ON CURRENT NEEDS, AN APPROPRIATION OF $5.8 BILLION IS REQUIRED. I UNDERSTAND WE CANNOT AFFORD THAT WITHIN THE DISCRETIONARY SPENDING OF THIS BILL, BUT I AM HOPEFUL THAT THIS IS ADDRESSED IN FUTURE BUDGETS. THIS ADMINISTRATION HAS WORKED HARD TO BREAK THE CYCLE OF REQUESTING EMERGENCY FUNDING FOR THE WARS IN IRAQ AND AFGHANISTAN. YET, NO ONE HAS SUGGESTED FIXING THE WAY WE BUDGET FOR NATURAL DISASTERS. LAST YEAR ALONE, $11.7 BILLION IN EMERGENCY SUPPLEMENTAL APPROPRIATIONS WERE PROVIDED FOR DISASTER RELIEF. WE CANNOT CONTINUE TO KICK THE CAN DOWN THE ROAD, RELYING ON SUPPLEMENTAL EMERGENCY APPROPRIATIONS TO PAY FOR KNOWN COSTS. KATRINA WAS A CATASTROPHIC EVENT. EXCEPTIONS WERE MADE TO REGULATIONS AND POLICIES TO SPEED ASSISTANCE TO THOSE STRUGGLING TO RECOVER FROM THE ENORMITY OF THE LOSSES. BUT NOW SOME OF THESE EXCEPTIONS TO THE REGULATIONS ARE BECOMING THE STANDARD RATHER THAN THE EXCEPTION TO THE RULE. THIS KIND -- IT'S KIND OF INTERESTING THAT AT THE TIME OF KATRINA, I COMMENT THAT HAD WE WERE DOING SOME THINGS THAT WE ORDINARILY DON'T DO IN A FEMA ENVIRONMENT AND PREDICTED THAT WHAT WE WERE DOING IN KATRINA WOULD BECOME THE ROLE MODEL FOR OTHER DISASTERS THAT HAVE BEEN EXPERIENCED BY STATE. AND THE FACT OF THE MATTER IS MORE AND MORE STATES NOW ARE ASKING FOR MORE AND MORE MONEY, FEMA MONEY BECAUSE THEY'RE SAYING YOU DID IT IN KATRINA. WHY CAN'T YOU DO IT IN TEXAS? WHY CAN'T YOU DO IT WHEREVER ELSE WE HAVE A DISASTER? THIS HAS GOT TO CHANGE IF WE'RE GOING TO HANDLE FEDERAL SPENDING AND DO SOMETHING ABOUT THE DEFICIT. IN ADDITION, THIS BILL PROVIDES ALMOST $16 BILLION FOR BORDER AND IMMIGRATION ENFORCEMENT. $16 BILLION. AND THAT DOES NOT EVEN INCLUDE COAST GUARD FUNDING TO PROTECT OUR MARITIME BORDERS. THIS IS A 99.6% INCREASE FOR U.S. CUSTOMS AND BORDER PROTECTION, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, AND U.S. VISIT FROM FISCAL YEAR 2004 LEVELS IN THE FIRST DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS. A SIGNIFICANT INCREASE. AND I THINK THAT THE CITIZENS OF OUR COUNTRY SHOULD KNOW THAT. THEY HAVE BEEN TALKING FOR A LONG TIME THAT WE HAVEN'T BEEN DOING THE JOB IN SECURING BORDERS. I MUST TELL THEM THAT WE ARE DOING A MUCH, MUCH BETTER JOB THAN EVER BEFORE BECAUSE WE'RE ALLOCATING THE RESOURCES NECESSARY TO GET THE JOB DONE. I'VE OFTEN WONDERED, THOUGH, IF THERE WAS ANOTHER WAY WE COULD SECURE OUR BORDERS AND DEAL WITH THE 11 MILLION OR SO ILLEGAL IMMIGRANTS OTHER THAN BY DRASTICALLY REDUCING RESOURCES FOR BORDER ENFORCEMENT. IN 2008 THE U.S. REMOVED 347,000 INDIVIDUALS. IN FISCAL YEAR 2009, $5.6 BILLION IS AVAILABLE TO LOCATE, DETAIN AND REMOVE UNAUTHORIZED ALIENS. AT THE CURRENT PACE OF REMOVAL, IT COULD REQUIRE A FURTHER INVESTMENT OF $272 BILLION IN 31 YEARS TO LOCATE AND REMOVE THE ESTIMATE THE 11 MILLION UNAUTHORIZED ALIENS IN THIS COUNTRY. WE MUST ASK WHETHER WE ARE WILLING OR CAN AFFORD TO MAKE THAT KIND OF INVESTMENT ENFORCEMENT RATHER THAN INVESTING TIME IN COMPREHENSIVE IMMIGRATION REFORM. I APPRECIATE VERY MUCH THE COURTESIES OF THE DISTINGUISHED SENATOR FROM WEST VIRGINIA, AS I MENTIONED, AND HIS STAFF AND ALL THE MEMBERS OF THE APPROPRIATIONS COMMITTEE DURING OUR APPROPRIATION OF THIS BILL. I BELIEVE IT REFLECTS OUR CAREFUL CONSIDERATION OF THE PRESIDENT'S BUDGET REQUEST FOR THE DEPARTMENT AND OUR BEST EFFORTS TO ADDRESS THE DEPARTMENT'S RESOURCE REQUIREMENTS. I LOOK FORWARD TO CONSIDERING AMENDMENTS WHICH SENATORS MAY SUGGEST TO THIS BILL AND TO WORK THROUGHOUT THE APPROPRIATIONS PROCESS TO ENSURE THE DEPARTMENT HAS THE FUNDS TO CARRY OUT ITS DUTIES AND RESPONSIBILITIES. IN CLOSING, MADAM PRESIDENT, I'D JUST LIKE TO POINT OUT THAT THE PRESIDENT'S BUDGET WAS RECEIVED ON MAY 7 AND THE APPROPRIATIONS COMMITTEE IS WORKING DILIGENTLY TO MOVE FORWARD ON THE PASSAGE OF OUR 12 APPROPRIATIONS BILLS. TWO OF THE 12 FISCAL YEAR APPROPRIATIONS BILLS WERE REPORTED ON JUNE 15 AND TWO MORE REPORTED ON JUNE 25. ANOTHER FIVE ARE SCHEDULED TO BE CONSIDERED AND REPORTED BY THE COMMITTEE THIS WEEK, TWO THIS AFTERNOON AND ANOTHER THREE ON THURSDAY. THE HOUSE CONSIDERED AND ADOPTED ITS VERSION OF THE FISCAL YEAR 2010 DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS BILL ON JUNE 24. IT'S UNFORTUNATE THAT SENATE CONSIDERATION OF THIS BILL COULD NOT HAVE OCCURRED THAT SAME WEEK, WHICH WOULD HAVE PUT US IN A POSITION NOW TO GO TO CONFERENCE WITH THE HOUSE. EXPEDITIOUS CONSIDERATION OF THE FISCAL YEAR 2010 APPROPRIATIONS BILLS BY THE SENATE IS REQUIRED IF THE CONGRESS IS TO COMPLETE ITS WORK ON ALL 12 APPROPRIATIONS BILLS BY OCTOBER 1. I HAVE LONG BEEN CONCERNED ABOUT OUR FAILURE TO COMPLETE OUR APPROPRIATIONS WORK ON TIME AND THE CONSEQUENCES OF INACTION, AND I INTEND TO SPEAK AT GREATER LENGTH ON THAT DURING OUR CONSIDERATION OF THIS BILL. BUT I DO WANT TO NOTE THAT A LETTER DATED MARCH 24, 2009, TO THE MAJORITY LEADER, WHICH INCLUDED THE SIGNATURES OF ALL REPUBLICAN MEMBERS, ASKED THAT THE LEGISLATIVE SCHEDULE FOR THIS SESSION -- QUOTE -- "ALLOCATE AN APPROPRIATE AMOUNT OF TIME FOR THE SENATE TO CONSIDER, VOTE AND INITIATE THE CONFERENCE PROCESS ON EACH OF THE 12 APPROPRIATIONS BILLS INDEPENDENTLY THROUGH A DELIBERATIVE AND TRANSPARENT PROCESS ON THE SENATE FLOOR." END OF QUOTE. THE LETTER GOES ON TO POINT OUT, FOR A VARIETY OF REASONS OVER THE PAST SEVERAL YEARS, THE SENATE HAS FAILED TO DEBATE, AMEND, AND PASS EACH OF THE BILLS SEPARATELY PRIOR TO THE END OF THE FISCAL YEAR, WHICH FOR A FORMER GOVERNOR AND MAYOR I CAN'T UNDERSTAND. FAR TOO OFTEN THIS HAS RESULTED IN THE CREATION OF OMNIBUS APPROPRIATIONS BILLS THAT HAVE BEEN BROUGHT TO THE FLOOR SO LATE IN THE FISCAL YEAR THAT SENATORS HAVE BEEN FORCED TO EITHER PASS A CONTINUING RESOLUTION, SHUT DOWN THE GOVERNMENT, OR CONSIDER AN OMNIBUS BILL. THESE OMNIBUS BILLS HAVE NOT ALLOWED FOR ADEQUATE PUBLIC REVIEW AND HAVE CLOUDED WHAT SHOULD OTHERWISE BE A VERY TRANSPARENT PROCESS. THE LETTER FURTHER POINTS OUT THAT PRESIDENT OBAMA, ON MARCH 11, SAID HE EXPECTS FUTURE SPENDING BILLS TO BE -- QUOTE -- "DEBATED AND VOTED ON IN AN ORDERLY WAY AND SENT TO HIS DESK WITHOUT DELAY OR OBSTRUCTION SO THAT WE DON'T FACE ANOTHER MASSIVE LAST-MINUTE OMNIBUS BILL LIKE THE ONE THAT WE HAD THIS YEAR." SO LET US PROCEED WITH THIS BILL AND DISPOSE OF THE AMENDMENTS SENATORS MAY WISH TO OFFER WITHOUT UNNECESSARY DELAY, TO ALLOW US TO COMPLETE OUR APPROPRIATIONS WORK THIS SESSION. AND I'D LIKE TO ADD THAT IT IS INCUMBENT -- INCUMBENT -- ON OUR SIDE OF THE AISLE TO MAKE SURE AMENDMENTS ARE RELEVANT AND GERMANE. MR. PRESIDENT -- MADAM PRESIDENT, I RECOMMEND THIS BILL TO MY COLLEAGUES FOR THEIR CONSIDERATION AND SUPPORT. AND I YIELD THE FLOOR. |
| 01:58:49 | Durbin, Richard "Dick" J. | MADAM PRESIDENT? |
| 01:58:51 | THE PRESIDING OFFICER | THE SENATOR FROM ILLINOIS. |
| 01:58:52 | Durbin, Richard "Dick" J. | I ASK UNANIMOUS CONSENT THAT ERIC SAVANY OF THE HOMELAND SECURITY SUBCOMMITTEE BE GRANTED FLOOR PRIVILEGES FOR THE DURATION OF DEBATE ON THE PENDING LEGISLATION. |
| 01:59:02 | THE PRESIDING OFFICER | WITHOUT OBJECTION. |
| 01:59:04 | Voinovich, George | I ASK UNANIMOUS CONSENT THAT CAROL CRIBS OF THE APPROPRIATIONS COMMITTEE STAFF BE GRANTED FLOOR PRIVILEGES DURING CONSIDERATION OF THE FISCAL YEAR APPROPRIATIONS BILL AND ANY VOTES THAT MAY OCCUR IN RELATION THERETO. |
| 01:59:18 | THE PRESIDING OFFICER | WITHOUT OBJECTION. |
| 01:59:20 | Inouye, Daniel K. | MADAM PRESIDENT? |
| 01:59:21 | THE PRESIDING OFFICER | THE SENATOR FROM HAWAII. |
| 01:59:22 | Inouye, Daniel K. | TODAY THE SENATE BEGINS CONSIDERATION OF THE HOMELAND SECURITY APPROPRIATIONS BILL WHICH WAS PASSED BY THE HOUSE AND MARKED UP BY THE SENATE COMMITTEE LATE LAST MONTH. THIS WEEK THE COMMITTEE ON APPROPRIATIONS WILL MEET TO CONSIDER FIVE ADDITIONAL APPROPRIATIONS BILLS. OVER THE NEXT SEVERAL WEEKS WE EXPECT TO HAVE MANY OF THESE BILLS DEBATED AND HOPEFULLY PASSED BY THE SENATE SO THAT WE CAN BEGIN FINAL CONFERENCE ON THESE CRITICALLY IMPORTANT MEASURES. THE BILL BEFORE THE SENATE WAS PREPARED BY OUR HOMELAND SECURITY SUBCOMMITTEE CHAIRED BY SENATOR ROBERT BYRD. SENATOR REID AND HIS RANKING MEMBER, SENATOR VOINOVICH, AND ALL OF THE SUBCOMMITTEE MEMBERS, CRAFTED THIS BILL WHICH PROVIDES $42.7 BILLION IN DISCRETIONARY SPENDING FOR THE CRITICAL PROGRAMS TO DEFEND OUR NATION, PROTECT OUR BORDERS AND RESPOND TO NATURAL DISASTERS. THE AMOUNT REPRESENTS A 7% INCREASE OVER THE FUNDING PROVIDED IN FISCAL YEAR 2009 BUT IS APPROXIMATELY $150 MILLION LESS THAN THAT REQUESTED. AN ADDITIONAL $241 MILLION IS ALSO INCLUDED IN THE BILL FOR THE OVER OVERSEAS CONTINGENCY OF THE COASTS GUARD. OUR COLLEAGUES SHOULD THANK SENATOR BYRD AND SENATOR VOINOVICH FOR COMPLETING THE HARD WORK ON THIS BILL. THIS BILL WAS MARKED UP BY THE COMMITTEE THREE WEEKS AGO AND APPROVED BY A UNANIMOUS BIPARTISAN VOTE. AS THE SENATE REVIEWS THIS AND OTHER SPENDING BILLS WHICH WILL SOON FOLLOW, I URGE IT TO BE MINDFUL OF THE IMPORTANCE OF THIS TASK. IT IS IMPERATIVE TO THE EFFICIENT OPERATION OF OUR FEDERAL GOVERNMENT THAT WE MOVE TO PASS THIS MEASURE AND COMPLETE A CONFERENCE WITH THE HOUSE. FOR TOO LONG WE HAVE RELIED ON CUMBERSOME OMNIBUS SPENDING MEASURES TO FUND OUR FEDERAL AGENCIES. IN ORDER TO BREAK THIS HABIT, THE APPROPRIATIONS COMMITTEE WILL CONTINUE TO WORK NONCONTROVERSIAL BIPARTISAN BILLS WHICH WILL BE WITHIN A CONGRESSIONALLY APPROVED BUDGET LEVELS AND SHOULD BE CONSIDERED EXPEDITIOUSLY BY THE SENATE. PASSAGE OF THIS MEASURE QUICKLY WILL DEMONSTRATE THE SENATE'S ABILITY TO ACT RESPONSIBLY IN FULFILLING THE CONSTITUTIONAL RESPONSIBILITIES. THE BILL BEFORE US DESERVES THE SUPPORT OF EVERY MEMBER OF THIS BODY. IT IS A CLEAN BILL, FREE OF UNNECESSARY LEGISLATIVE RIDERS. IT IS WITHIN THE COMMITTEE SPENDING ALLOCATION. AND $150 MILLION BELOW THE AMOUNT REQUESTED. MADAM PRESIDENT, I STRONGLY RECOMMEND ITS APPROVAL. I YIELD THE FLOOR. |
| 02:02:43 | THE PRESIDING OFFICER | THE SENATOR FROM ALABAMA. |
| 02:02:46 | Sessions, Jeff | MADAM PRESIDENT, I HAVE AN AMENDMENT AT THE DESK, NUMBER 1371 AND WOULD ASK FOR ITS IMMEDIATE CONSIDERATION. |
| 02:02:55 | THE PRESIDING OFFICER | THE CLERK WILL REPORT. |
| 02:02:56 | THE CLERK | THE SENATOR FROM ALABAMA, MR. SESSIONS, PROPOSES AN AMENDMENT NUMBERED 1371 TO AMENDMENT 1373. |
| 02:03:06 | Sessions, Jeff | I ASK UNANIMOUS CONSENT FURTHER READING BE DISPENSED. |
| 02:03:08 | THE PRESIDING OFFICER | WITHOUT |
| 02:03:09 | Sessions, Jeff | MADAM PRESIDENT, THIS IS AN AMENDMENT TO MAKE PERMANENT THE E-VERIFY SYSTEM THAT IS SUPPORTED BY SECRETARY OF HOMELAND SECURITY, SECRETARY NAPOLITANO AND WOULD REQUIRE THAT THE GOVERNMENTAL, ALL GOVERNMENTAL CONTRACTORS WHO DO WORK FOR THE FEDERAL GOVERNMENT USE IT BEFORE THEY HIRE PEOPLE TO ENSURE THAT THE INDIVIDUALS THEY HIRE ARE AMERICANS AT A TIME WHEN OUR UNEMPLOYMENT IS 9.5%, THIS IS MORE IMPORTANT THAN EVER. I THANK THE CHAIR. I YIELD THE FLOOR. |
| 02:03:51 | Durbin, Richard "Dick" J. | MADAM PRESIDENT? |
| 02:03:52 | THE PRESIDING OFFICER | THE SENATOR FROM ILLINOIS. |
| 02:03:55 | Durbin, Richard "Dick" J. | I HAVE 12 UNANIMOUS CONSENT REQUESTS FOR COMMITTEES TO MEET WITH THE APPROVAL THE MAJORITY AND MINORITY MINORITY LEADERS AND I ASK UNANIMOUS CONSENT THE REQUESTS BE AGREED TO AND PRINTED IN THE RECORD. |
| 02:04:06 | THE PRESIDING OFFICER | WITHOUT OBJECTION, SO ORDERED. A SENATOR: MADAM PRESIDENT? |
| 02:04:09 | THE PRESIDING OFFICER | THE SENATOR FROM MINNESOTA. SLAB SLABMINNESOTA. |
| 02:04:16 | Klobuchar, Amy | MADAM PRESIDENT, IT IS MY HONOR TODAY ALONG WITH FORMER VICE PRESIDENT MONDALE TO ESCORTAL AL FRANKEN AS THE NEW SENATOR FROM OUR STATE. AL TOLD ME THE THIRD YEAR OF HIS CAMPAIGN WOULD BE THE BEST. AND HE WAS RIGHT. I DID WANT TO THANK MY STAFF, FIRST OF ALL, SOME OF THEM AND MANY OF THEM ARE HERE, FOR THE HARD WORK THEY DID IN THE PAST SIX MONTHS DOUBLE DOUBLE DUTY. THEY NEVER COMPLAINED AND DID IT WITHOUT EXTRA RESOURCES AND ARE AS HAPPY AS CAN BE THIS IS REVOLVED AND SOMETHING ABOUT NORM COLEMAN. LAST WEEK HE MADE A DIFFICULT DECISION. HE HAD A RIGHT TO PURSUE A LEGAL CHALLENGE BUT HE DID WHAT WAS RIGHT FOR MINNESOTA. NORM WAS MY SENATE COLLEAGUE FOR TWO YEARS. WE OFTEN WORKED TOGETHER FOR SHOULD FOR MINNESOTA AND WE WISH HIM AND HIS FAMILY THE BEST. DESPITE JUST A LITTLE DELAY, TO BE EXACT, 246 DAYS SINCE THE ELECTION DAY AND 183 DAYS SINCE THE SENATE CONVENED, WHY WOULD I KNOW THAT, AL FRANKEN NOW JOINS ME IN REPRESENTING THE STATE OF MINNESOTA. I'VE GOTTEN TO KNOW AL VERY WELL THE PAST FEW YEARS AND I KNOW THAT HE WILL BE GETTING ACQUAINTED WITH HIS FELLOW SENATORS IN THE COMING WEEKS AND THE COMING MONTHS. THIS IS A SPECIAL PLACE WITH SPECIAL PEOPLE AND I KNOW AL LOOKS FORWARD TO WORKING WITH EVERY MEMBER OF THE UNITED STATES SENATE. I ALSO KNOW THAT AL ARRIVES IN WASHINGTON READY TO GET TO WORK AND READY TO SERVE THE PEOPLE OF MINNESOTA. HE BRINGS WITH HIM THAT SAME HIGH ENERGY AND PASSION AND IDEALISM OF OUR FRIEND, PAUL WELLSTONE. I WAS TELLINGAL THAT WHEN I FIRST CAME -- TELLING AL THAT WHEN I CAME TO THE CAPITOL I WAS STUNNED HOW MANY PEOPLE CAME TO ME WHEN THEY KNEW I WAS FROM MINNESOTA, THEY SAID THAT'S WHERE PAUL WELLSTONE WAS FROM, PEOPLE ON THE TRAM ELEVATORS, THE COPS ON THE FRONT LINE, THEY REMEMBER PAUL BECAUSE OF THE DIGNITY AND HOW HE TREATED PEOPLE. AL, I KNOW, WILL DO THE SAME. BEFORE SEEKING ELECTIVE OFFICE, AL HAD A FULL CAREER. AMONG OTHER THINGS HE WAS AN EMMY AWARD WINNING PRODUCER, AND BEST SELLING AUTHOR WITH THREE BOOKS GOING TO THE TOP OF THE "NEW YORK TIMES" BEST SELL ARE LIST AND THE HOST OF A NATIONAL RADIO SHOW AND A GRAMMY AWARD-WINNING SATARIST AND HAS GONE FOUR TIMES TO IRAQ TO ENTERTAIN OUR TROOPS AND TO VISIT OUROUNDED SOLDIERS. WE ALL KNOW AL SPENT SOME TIME IN COMEDY BUT DURING THIS LONG CAMPAIGN HE HAS DEMONSTRATEDDED DEMONSTRATED TO MINUTE PIN HE TAKES HIS JOB SERIOUSLY AND I KNOW HE IS TAKING HIS NEW JOB AS SENATOR INCREDIBLY SERIOUSLY. HIS HEART IS WITH MIDDLE-CLASS FAMILIES WHO WORK HARD, LIVE RESPONSIBLY AND KNOW THE RULES. HE KNOWS THEIR HOPS AND FEARS BECAUSE HE HAS LIVED IT. WHEN HE WAS FOUR HIS FAMILY MOVED TO SOUTHERN MINNESOTA. HE TELLS THE STORY OF THAT MOVE. HIS DAD NEVER GRADUATED FROM HIGH SCHOOL AND NEVER HAD A CAREER. BUT HIS MOM'S FATHER OWNED A QUILTING BUSINESS OUT EAST AND HE GAVE AL'S DAD A CHANCE TO START UP A FACTORY IN THIS TOWN. AFTER ABOUT TWO YEARS, THE FACTORY FAILED. AND AL MOVES FAMILY MOVED TO THE TWIN CITIES. YEARS LATER, AL ASKED, WHY THAT PARTICULAR TOWN? AND HIS DAD SAID WELL, YOUR GRANDFATHER WANTED TO OPEN A FACTORY IN THE MIDWEST AND THE RAILROAD WENT RIGHT THROUGH THAT TOWN SO AL ASKED, WHY DID THE FACTORY FAIL AND HIS FATHER SAID "WELL, IT WENT THROUGH THE TOWN BUT IT DIDN'T STOP IN THE TOWN." EVENTUALLY THE FAMILY, INCLUDING AL, AND HIS OLDER BROTHER SENATORRED IN A MINNEAPOLIS SUBURB AND HIS FATHER BECAME A PRINTING SALESMAN AND HIS MOM WAS A HOMEMAKER. BECAUSE OF THE SECURITY AND OPPORTUNITY HIS FAMILY ENJOYED LIVING IN AMERICA, HE SAYS HE FELT LIKE THE LUCKEST KID IN THE WORLD. AL LIKES TO TELL JOKES AND HE HAS SOME GOOD ONES, HE'S NOT ONE TO MAKE FUN OF FAMILY VALUES BECAUSE THERE IS NO HUSBAND OR NEAR WHO IS MORE -- OR FATHER MORE DEVOTED TO HIS FAMILY. HE MET HIS WIFE-I SEE HER NOW IN THE GALLERY -- DURING HIS FIRST YEAR AT COLLEGE. THEY HAVE BEEN MARRIED 33 YEARS AND TOGETHER THEY HAVE RAISED TWO CHILDREN. AL TELLS A STORY ABOUT HER FAMILY: HER DAD, A DECORATED WORLD WAR II VETERAN, DIED IN A CAR ACCIDENT WHEN SHE WAS 17 MONTHS OLD. THE DEATH LEFT HER MOM SUDDENLY WIDOWED AND ALONE WITH FIVE CHILDREN. IT WAS A LESSON FOR THE FAMILY AND AN EXAMPLE OF HOW ONE FAMILY PULLED THEMSELVES UP WITH HELP. HE KNOWS HOW DIFFICULT IT IS FOR SO MANY FAMILIES WHO ARE STRUGGLING TO MAKE IT SQUEEZED OVER TIGHTER, OVER HEALTH CARE COSTS, COLLEGE COSTS, HOUSING COSTS. DURING THE PAST TWO YEARS, AL HAS TRAVELED TO EVERY CORNER OF MINNESOTA, FROM THE IOWA BORDER TO THE CANADIAN BORDER. HE HAS HAD COFFEE AT THE MAIN STREET CAFES AND HE HAS SPOKEN AT LOCAL BEAN FEEDS AND TOURED HOMEGROWN BUSINESSES AND STOOD WITH WORKERS, BEEN TO VETERANS HALLS AND HE HAS AGAIN TO COLLEGE CAMPUSES. HE HAS BEEN THERE DAY IN AND DAY OUT, LISTENING TO THE PEOPLE OF MINNESOTA. NOW HE HAS THE HONOR AND THE RESPONSIBILITY TO SERVE THEM IN THE UNITED STATES CAPITOL. THE UNITED STATES SENATE IS AN OLD AND ESTABLISHED INSTITUTION. FOR ANY NEWCOMER IT TAKES SOME GETTING USED TO, TO THE TO THE UNIQUE CUSTOMS. THIS IS A BIG MOMENT FOR FRANNIE AND THEIR KIDS. AL AND HIS FRIENDS AND RELATIVES HAVE BEEN WAITING FOR A WHILE FOR THIS. THE STATE HAS BEEN WAITING. THE SENATE HAS BEEN WAITING. BUT MOST IMPORTANTLY TO ME, FRANNIE HAS BEEN WAITING. MY FAVORITE IMAGE OF THE LAST FEW MONTHS WAS THE IDEA SHE HAD ACTUALLY PACKED A BAG WITH HER TOOTHBRUSH IN IT THAT SHE HAD RIGHT NEXT TO HER BEDSIDE IN CASE AT ANY MOMENT THE COURT WOULD COME WITH A DECISION AND SHE AND AL WOULD HAVE TO RUSH TO WASHINGTON SO HE COULD TAKE A CRITICAL VOTE. WELL, TODAY, THE TIME HAS COME AND AL WILL CAST HIS FIRST VOTE. IF THERE IS ANY SILVER LINING TO THE PAST EIGHT MONTHS, IT IS THAT AL HAS HAD TIME TO PREPARE FOR THIS MOMENT. THE TIMES ARE TUMULTUOUS, THE STAKES ARE HIGH AND HISTORY WILL FOREVER JUDGE WHETHER WE FAIL OR SUCCEED, WHETHER WE ARE COURAGEOUS OR TIMID. AL FRANKEN IS READY NOR THIS JOB. IT'S TIME TO GET TO WORK. AND AL FRANKEN, THERE'S A DESK WAITING FOR YOU IN THE UNITED STATES SENATE. THANK YOU, MADAM PRESIDENT. I YIELD THE FLOOR. I SUGGEST THE ABSENCE OF A QUORUM. |
| 02:11:22 | THE PRESIDING OFFICER | THE CLERK WILL CALL THE ROLL. QUORUM CALL: QUORUM CALL: |
| 02:14:55 | Reid, Harry | MR. PRESIDENT? |
| 02:14:56 | Reid, Harry | I ASK UNANIMOUS CONSENT THAT THE CALL OF THE QUORUM BE TERMINATED. |
| 02:15:00 | THE PRESIDING OFFICER | WITHOUT OBJECTION. THE CHAIR LAYS BEFORE THE SENATE THE CERTIFICATE OF ELECTION FOR A SIX-YEAR TERM BEGINNING JANUARY 3, 2009, FOR THE REPRESENTATION OF THE STATE OF MINNESOTA. |
| 02:15:13 | THE VICE PRESIDENT | THE CERTIFICATE, THE CHAIR IS ADVISED, IS IN THE FORM SUGGESTED BY THE SENATE. IF THERE IS NO OBJECTION, THE READING OF THE CERTIFICATE WILL BE WAIVED AND IT WILL BE PRINTED IN FULL IN THE RECORD. IF THE SENATOR-ELECT WILL PRESENT HIMSELF AT THE DESK, THE CHAIR WILL ADMINISTER THE OATH OF OFFICE, AS REQUIRED BY THE CONSTITUTION AND PRESCRIBED BY LAW. |
| 02:15:59 | THE VICE PRESIDENT | PLEASE RAISE YOUR RIGHT HAND. DO YOU SOLEMNLY SWEAR THAT YOU WILL SUPPORT AND DEFEND THE CONSTITUTION OF THE UNITED STATES AGAINST ALL ENEMIES, FOREIGN AND DOMESTIC; THAT YOU WILL BEAR TRUE FAITH AND ALLEGIANCE TO THE SAME; THAT YOU TAKE THIS OBLIGATION FREELY, WITHOUT ANY MENTAL RESERVATION OR PURPOSE OF EVASION; AND THAT YOU WILL WELL AND FAITHFULLY DISCHARGE THE DUTIES OF THE OFFICE ON WHICH YOU ARE ABOUT TO ENTER, SO HELP YOU GOD? A SENATOR: I DO. |
| 02:16:35 | THE VICE PRESIDENT | CONGRATULATIONS, SENATOR. [APPLAUSE] [APPLAUSE] [CHEERS AND APPLAUSE] |
| 02:19:33 | Reid, Harry | MR. PRESIDENT? |
| 02:19:34 | THE PRESIDING OFFICER | THE MAJORITY LEADER. |
| 02:19:35 | Reid, Harry | I HAVE A RESOLUTION AT THE DESK AND I ASK FOR ITS CONSIDERATION. |
| 02:19:38 | THE PRESIDING OFFICER | WITHOUT OBJECTION. THE CLERK WILL REPORT. |
| 02:19:46 | THE CLERK | S. RES. 208, TO CONSTITUTION THE MAJORITY PARTY'S MEMBERSHIP ON CERTAIN COMEELTS FOR THE 111th CONGRESS OR UNTIL THEIR SUCCESSORS ARE CHOSEN. |
| 02:19:57 | THE PRESIDING OFFICER | WITHOUT OBJECTION, THE RESOLUTION IS CONSIDERED AND AGREED TO. A SENATOR: MOVE TO RECONSIDER. A SENATOR: MOVE TO TABLE. |
| 02:20:04 | THE PRESIDING OFFICER | WITHOUT OBJECTION. |
| 02:20:06 | Reid, Harry | MADAM PRESIDENT? UNDER THE PREVIOUS ORDER THE AUTHORITY PURSUANT TO S. RES. 18, I ANNOUNCE THAT SENATOR FRANKEN IS ASSIGNED TO THE COMMITTEE ON INDIAN AFFAIRS, SELECT COMMITTEE ON AGING AND THE JUDICIARY COMMITTEE, AND AS SOON AS THE MARK UPIS COMPLETED ON THE "HELP" COMMITTEE HEALTH CARE BILL, HE WILL GO ONTO THE "HELP" COMMITTEE. I NOTE THE ABSENCE OF A QUORUM. MADAM PRESIDENT, I ANY IT IS APPROPRIATE -- I ASK THAT WE RECESS 10 MINUTES EARLY TODAY. |
| 02:20:34 | THE PRESIDING OFFICER | WITHOUT |