starttime 1246975208.02322
C-SPAN2.
THE PRESIDING OFFICER: THE
SENATE WILL COME TO ORDER.
TH
SENATE IN PRAYER.
THE CHAPLAIN: LET U
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
ACCOUNTABILITY TO
WE PRAY
AMEN.
THE PRESIDING OFFICER: PLEASE
JOIN ME IN RECITING THE PLEDGE
OF ALLEGIANCE.
I PLEDGE ALLEGIANCE TO
THE FLAG OF THE
AND TO THE REPUBLIC
FOR WHICH IT STANDS,
ONE NATION UNDER GOD,
INDIVISIBLE,
WITH LIBERTY AND JUSTICE FOR
ALL.
THE PRESIDING OFFICER: THE CLERK
WILL READ A COMMUNICATION TO THE
SENATE.
THE CLERK: WASHINGTON, D.C,
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 PEORM THE
DUTIES OF THE CHAIR. SIGNED: ROBERT C. BYRD, PRES
PRO TEMPORE.
MR. REID: MR. PRESIDENT?
MAJORITY LEADER.
MR. REID: FOLLOWING REMARKS FROM
THE TWO LEADERS THEENATE WILL
PROCEED TO A PERIOD OF MORNING
BUSINESS FOR ONE HOUR WITH
SETORS 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
AL
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 D
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
FO
THE PRESIDING OFFICER: THE CLERK
WILL READ
SECOND TIME.
THE CLERK: AN ACT TO CREATE
CLEAN ENTERJOBS, ACHIEVE ENERGY
INDEPENDENCE, REDUCE GLOBAL
CLEAN ENERGY ECONOMY.
MR. REID: I WOULD OBJECT TO ANY
FURTHER PROCEEDINGS ON THIS LESLATION.
THE PRESIDING OFFICER: THE BILL
WILL BE PLACED ON THE CALENDAR.
THE MAJORITY LEADER.
QUORUM.
THE PRESIDING OF
WILL CALL THE ROLL.
QUORUM CALL:
THE PRES
REPUBLICAN LEADER.
MR. MCCONNELL: I
THAT FURTHER PROCEEDINGS ON THE
QUORUM CALL BE DISPENSED WITH.
THE PRESIDING OFFICER: WITHOUT
OBJECTION, SO ORDERED.
MR. MCCONNELL: 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 AGAIN.
ONLY THIS TIME THOSE MISTAKES
WOULD BE
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
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.
TH
CLEAR: PROPONENTS OF THE
STIMULUS WERE CONCERNED THAT
PUBLIC SUPPORT WOULD S
FADE IF PEOPLE GOT A CLOSER LOOK
AT THE DETAILS.
SOHEY 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
NECESSAR 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
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
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
ESERVING THINGS PEOPLE LIKE
ABOUT THE CURRENT
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
GO
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.
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
PREVENTION PROGRAMS.
WE SHOULD ENCOURAGE COMPETION
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
CAUTIOUS ABOUT THE
THEY MAKE THIS TIME AROUND.
WE ALREADY KNOW THAT MANY OF THE PROMISES THAT ARE BEING MADE
ABOUT A GOVERNMT-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
PROSALS 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 OVERPROMISEON
THE STIMULUS.
THIS TIME THEY WANT THE FACTS.
SOON THE GOVERNMENT
ACCOUNTABILITY OFFICE WILL
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
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
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
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 D DESTAFONO WHERE THE CITY
OF NEW HAVEN CONNECTIC
DISCRIMINATED AGAINST MOSTLY
WHITE FIREFIGHTERS BY THROWING
OUT A STANDARD PROMOTION TEST
BECAUSE SOME MINORITY
FIREFIGHTERS HAD NOT PERFORMED
AS W
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 GRO
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
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
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
IT ALSO INVOLVES IMPORTANT
CONSTITUTIONAL QUESTIONS
WHETHER THE GOVERNMENT,
CONSISTENT WITH THE
AMENDMENT GUARANTEE OF EQUAL
PROTECTION UNDER THE LAW MAY INTENTIONALLY DISCRIMINATE
AGAINST SOME OF ITS CITIZENS IN
THE NAME OF AVOIDING
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 TSE 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 H
COLLEAGUE AND FELLOW CLINTON
APPOINTEE CALLED
PREFUNCTORY AND NOT WORTHY OF
THE WEIGHTY ISSUES PRESENTED BY
THE FIREFIGHTERS'
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
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
PECULIAR, TO SAY THE LEAST.
AND
TREATMENT OF THESE WEIGHTY
ISSUES DIFFERED SO MARKEDLY FROM
THE WAY EVERY OTHER COURT HAS
TREATED THEM AND WHETHER HER
LEGAL
AFFECTED BY HER PERSONAL OR
POLITICAL BELIEFS.
SECOND, ALL NINE JUSTICES OF THE
SUPREME COURT, E
OF THEM, SAID THAT JUDGE
SOTOMAYOR GOT THE LAW WRONG.
SHE RULED THAT THE GOVERNMENT
CAN INTENTIONALLY DISCR
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 O
EVEN THE DISSENTERS,HOUGHT
THAT WAS A CORRECT READING OF
THE LAW.
JUSTICE
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
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
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
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
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
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
CHALLENGING THESE TYPES OF
STANDARDIZED
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
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 REEWED.
THEY REVIEWED TEN OF HER
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
COURT'S LAST TERM.
THE PRESINT SAYS ONLY 5% OF
CASES THAT FERAL JUDGES DECIDE
REALLY MATTER.
I DON'T KNOW I
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 NOMIN
THE SUPREMCOURT MY COLLEAGUE
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.
THE
THE PREVIOUS
LEADERSHIP TIME BE RESERVED. UNDER THE PREVIOUS ORDER, THERE
WILL NOW BE A PERIOD OF MORNING
BUSINESS FOR ONE HOUR WITH 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.
THE PRESIDING OFFICER: THE SENATOR FROM ILLINOIS.
MR. DURBIN: MR. PRESIDENT, I
RISE TO SPEAK IN MORNING BUSINESS.
THE REPUBLICAN SENATE --
THE PRESING OFFICER: WITHOUT OBJECTION.
MR. DURBIN: 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
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
IN FACT, SHE BRINGS M
EXPERIENCE ON THE BENCH TO THE
SUPREME COURT IF SHE WINS THIS
NOMINATION, IF IT'
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
FACT THAT SHE WAS -- WAS A
VOLUNTEER ATTORNEY FOR THE
PUERTO RICAN LEGAL DEFENSE FUND.
IT IS A FACT THAT SHE IS OF
PUERTO
WHEN SHE WAS NINE YEARS OLD HER
FATHER PASSED AWAY.
HER M
ENERGETIC PERSON RAISED HER AND
HER BROTHER.
HER BROTHER IS A MEDICAL DOCTOR.
SHE IS AN ACCOMPLISHED ATTORNEY.
SHE WENT TO PRINCETON UNIRSITY
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
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
SO I HOPE THAT THOSE WHO LISTEN
TO SENATOR McCONNELL'S REMARKS
JUDGE SOTOMAYOR IS AN
EXTRAORDINARILY TALENTED AND
GIFTED PERSON.
IF SENATOR McCONNELL IS GOING
TO OPPOSE HER NOMINATION, I HOPE
SOMEONE ON
AISLE WILL JOIN US IN A
BIPARTISAN EFFORT TO MAKE HER
PART OF THE U.S. SUPREME COURT.
WAS CRITICAL OF PRESIDENT OMA
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
CHOI 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 SAVING
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
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 STA
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
FIRST IN THIS STIMULUS PACKAGE
KE 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 TNKS
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 GOO
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,
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
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
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,
LEADER, THE LATEST PEWOLL
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
THERE'S
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
FASTR EASY BUT THE PRESIDENT
SHOWED
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 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
TWICE AS MUCH.
AND THE OUTCOMES, THE MEDICAL
OUTCOMES, UNFORTUNATELY, DON'T
REFLECT THAT KIND INVESTMENT.
IN OTHER
MONEY ON OUR CURRENT HEALTH CARE SYSTEM.
THAT HAS TO CHANGE.
SO WHAT WE NEED TO DO IS TO
PRESERVE
HEALTH CARE SYSTEM TODAY THAT
ARE GOOD AND FIX THE THINGS THAT
ARE BROKEN.
HAS CHALLENGED US TO DO.
THIS CHALLENGE HAS BEEN WAITING
FOR 15 YEARS, SIN FORMER
PRESIDENT CLINTON TACKLED IT,
AND, UNFORTUNATELY, COULDN'T
PASS IT.
AND WE'VE
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
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
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
DEMOCRATS AREN'T RUSHING THIS THROUGH.
WE HAVE TAKEN THIS IN AN ORDERLY
WAY, TRYING
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
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
UMBRELLA OFROTECTION.
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
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
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
REQUIREHAT AN INDIVIDUAL
TERMINATE COVERAGE UNDER A GROUP
HEALTH PN OR HEALTH INSURANCE
COVERAGE IN WHICH SUCH
INDIVIDUAL WAS ENROLLED P
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
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
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
300 MILLION
45 MILLION CURRENTLY ARE COVERED
BY MEDICARE.
THE SENATOR FROM KENTUCKY WANT
TO ELIMINATE MEDICARE, A
GOVERNMENT-RUN
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
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 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
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
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.
MENTION THE PAST.
MR. PRESIDENT, I YIELD T FLOOR.
MR. KAUFMAN: MR.RESIDENT? THE PRESIDING OFFICER: THE
SENATOR FROM DELAWARE.
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 OFUR
GOVERNMENT.
MANY HAVE GIVEN THEIR
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 REGUL
CITIZENS WOULD BE THE FORM AND
SUBSTANCE OF OUR GOVERNMENT.
INDEED, THEY KNEW FIRSTHAND THE
VALUE OFERVICE ABOVE SELF.
THIS VIRTUE WOULD LEAVE
COUNTLESS AMERICA 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
WHEN THE ARMIES APPROACHED THE
WALLS OF ROME.
HORACIOUS RAN TO THE BRIDGE
WHERE HE ALONE HELD OFF THE
ENEMY
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,
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 COMMONILLINGNESS TO
RISK SAFETY AN PERSONAL GAIN
THAT SETS APA 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
OFRDINARY 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.
SERVE HIS COUNTRY.
A NATIVE OF NEW YORK, NEAR
BUFFALO, HE STUDIED AT FORDHAM
AND CLARK UNIVERSITY BEFORE
JOING THE PEACE CORPS.
HE WENT TO WEST AFRICA.
RECEIVED A FULL BODY FELLOWSHIP
TO CONTINUE TO LIVE IN THAT
COUNTRY AND CONDUCT RESEARCH ON
THE SOCIETY AND
JOHN, COMMITTED TO SERVING HIS
COUNTRY AND HELPING OTHERS,
JOINED THE FOREIGN
HE WORKED FOR
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
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 TOGETHE
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
HUMANITARIAN, THE CONSUMMATE PROFESSIONAL AND SOMEONE WHO
WORKED WITH ENERGY AND IMAGINATION.
HE WAS AN ACTIVE MEMBER OF THE
ST. JOHN CHURCH C
MENTOR WHO INSPIRED OTHERS TO
FOLLOW IN HIS FOOTSTEPS.
JOHN
IMPORTANCE OF SERVICE AS PART OF CITIZENSHIP.
HE CROSS
ON THE OTHER SIDE.
LIKE HORACIO RISKING HIS OWN
SA NATION.
HE TOLD HIS MOTHER THAT DESPITE
THE DANGER OF THE WORK, HE WOULD
NOT WANT T ELSE.
THER
SERVICE
ALL OVER THE GLOBE.
THESE IT HA DEDICATED MEN AND WOMEN
LEAVE BEHIND FAMILY, FRIENDS,
AND COMMUNITY AND ARE OFTEN IN
DANGEROUS PARTS OF THE WORLD
TERRORISM IS VERY REAL.
ALL TOO
SACRIFICES AND UNRECOGNIZED.
ON
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 MO
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
ACHIEVED ITS
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 DRA
OF THE DECLARATION OF
INDEPENDENCE.
BUT 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 B
PEOPLE BY 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
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
THE MEN WHO WROTE AND SIGNED THE
DECLARATION.
THEY CONSTITUTED
DERIVING ITS JUST POWERS.
THEIR WORK TO PROTECT OUR LIVES,
PRESERVE OUR
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
INDESCRIBED ON THE ETERNAL DECLARATION.
I YIELD THE
THE ABSENCE THE PRESIDING OFFICER: THE CLERK
WILL CALL THE ROLL.
QUORUM CALL:
THE PRESIDING OFFICER:
SENATOR FROM ARIZONA. MR. McCAIN: I ASK UNANIMOUS
UNDER THE QUORUM CALL BE
THE PRESIDING OFFICER:
WO UBGZ.
MR. McCAIN: MR. PRESIDENT, I ASK UNANIMOUS CONSENT THAT THE
TIME O PRESERVED.
THE PRESIDING OFFICER: WITHOUT OBJECTION.
MR. McCAIN: MR. PRESIDENT, THE
LAST FEW YEARS I'VE TRAVELED ALL
OVER THIS COUNTRY TALKING TO
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 ARINA.
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
OF THIS DISCUSSION AND DEBATE
SOMETIMES GOES ASTRAY FROM THE
FUNDAMENTAL FACT THAT THE
HIGHEST-QUALITY HEALTH CARE IN
THE WORLD IS AVAILABLE IN
UNITED STATES OF AMERICA.
THE KEY TO IT AND OUR CHALLENGE
IS TO MAKE THAT HEALTH CARE
AVAILABLE AND AFFORDABLE TO A AMERICANS.
AND THE PATH WE'RE ON WILL
DESTROY THE QUALITY OF
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-QUALI 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
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
NET FOR
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 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
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
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
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
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
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
BUT THE DEMOCRATS CAN PRODUCE
LEGISLATION THAT RESPONSIBLY
MAKES COVERAGE AVAILABL 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 THE CONGRESSIONAL BUDGET OFFICE
SAYS THE
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, TH
ACTUALLY SPEND $1.5 TRILLION
WHEN IT'S FULLY IMPLEMENTED AND
THAT'S NOT COUNTING THE HUNDREDS
OF BILLIONS OF
MEDICAID SPENDING PROMISED BY
THAT LEGISLATION.
C.B.O.
COMMITTEE BILL STILL LEAVESVER
30 MIL
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
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 T
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
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
ALLOWING AMERICA TO GO ALL
ACROSS AMERICA AND GET THE
HEALTH INSURANCE OF THEIR
CHOICE, THE SAME WAY THAT WE'VE
BEEN ABLE
OTHER -- REDUCE COSTS IN OTHER
SECTORS OF OUR ECONOMY AS
TECHNOLOGY HAS IMPROVED THE
QUALITY OF OUR LIVES.
MR. PRESID
FLOOR.
A SENATOR: MR. PRESIDENT? THE PRESIDING OFFICER: THE
SENATOR FROM
MR. ALEXANDER: MR. PRESIDENT,
I'M GLAD I WAS HERE TO HEAR
THOUGHTFUL COMMENTS OF THE
SENATOR FROM ARIZONA, HIS
LEADERSHIP ON THE HEALTH
COMMITTEE AND TRYO MAKE SURE
WE HELP AMERICANS HAVE ACCESS TO
HEALTH CARE THEY CAN AFFORD A
THAT WE
LEAVES THEM WITH A GOVERNMENT
THEY CAN AFFORD AND WITH CHOIC
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 SE
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 MINUT
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
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
SO THE GOOD NEWS IS THAT GENERAL
MOTORS IS OUT OF
THE BAD NEWS IS THAT THE UNITED
STATES GOVERNMENT STILL OWNS 61%
OF GENERAL MOTORS AS WELL A
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
BY THE SENATOR FROM UTAH,
SENATOR BENNETT, THE SENATOR
FROM ARIZONA, SENATOR
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
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 1
LITTLE BIT OF GENERAL MOTORS,
THE NEW G.M., THEY MIGHT BE A
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
MOTORS IN WASHINGTON, D.C.
WITH M 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 SLING CARS.
NOW WHE I FIRST SUGGESTED THAT
WHAT WE OUGHT TO DO IS JUST GIVE
THE STOCK TO TAXPAYERS, I THINK
SOME OF
MR. PRESIDENT, ABOUT HOW LONG DO
I HAVE THE PRESIDING OFFICER: THE
SENATOR HAS
MR. ALEXANDER: THANK YOU, MR. PRESIDENT.
I THINK SOME OF MY COLLEAGUES
THOUGHT I MIGHT BE FACETIOUS.
BUT THIS IS A
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
CLOROX, WASN'T A PART OF THE
CORE BUSINESSF 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 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
BELIEVES THE
TO BE IN DETROIT INSTEAD OF WARREN, MICHIGAN.
AND YOU HAVE THE CHAIRMAN OF THE
HOUSE FINANCIAL COMMITTEE
CALLING UP
THE WAREHOUSE IN MY DISTRICT.
AND SENATORS FROM TENNESSEE AND
MICHIGAN AND OTHER STATES SAYING
PLEASE PUT A PLANT IN
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
WHO CALLED UP THE GENERAL MOTORS
PRESIDENT AND SAID, DON'T CLOSE
A WAREHOUSE IN MY DISTRICT AND
GENERAL MOTORS
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
A REAL CAR CZAR.
THERES AN ARTICLE ABOUT
LIEUTENANT GENERAL
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.
THE PRESIDINOFFIR: WITHOUT
OBJECTION.
MR. ALEXANDER: 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
LOOK CLOSELY AT HISTORY AND
PREVENT THE OUGHT MOW MOTIVE --
AU
FOLLOW THE ROMANIAN CARS.
HOW THE PRESIDENT OF ROMANIA
DECREED THAT THE ULSET PARTS
WERE TO BE MANUFACTURED AT 166
EXISTING RANIAN FACTORIES IN
EXACTLY PARTS OF THE COUNTRY
THAT CORRESP
DISTRICTS.
CAN I SEE THAT HAPPENING HERE THE UNITED STATES.
WE ALREADY HAVE CONGRESSMEN
SAYING DON'T BUY A BATTERY IN
SOUTH KOREA, BUY ONE IN MY
CONGRESSIONAL DISTRICT TO PUT I
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 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
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. THE PRESIDING OFFICER: THE
SENATOR FROM ALABAMA.
MR. SESSIONS: I THANK THE CHAIR.
HOW MANY TIME IS LEFT?
THE PRESIDING OFFICER: 12
MINUTES REMAINING.
MR. SESSIONS: I THANK THE CHAIR
AND EXPRESS MY APPRECIATIONO
THE SENAT FROM TENNESSEE FOR
HIS INSIGHTFUL COMMENTS.
IT IS AN TANGLED WEB WE CREATE
WHEN WE START OWN
COMPANIES OF WHICH WE KNOW
NOTHING ABOUT.
I WOULD JUST SAY, MADAM
PRESIDENT, WE ARE LOOKING
FORWARD NEXT WEEK IF -
AS HARD AS WE POSSIBLY CAN TO
ENSURE WE H
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
ABOUT THAT.
SOME MATTERS THAT I THINK ARE
IMPORTANT FOR
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
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.
SO 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 I ADVERSARIAL SYSTEM, CROSS-EXAMINATION.
IT IS DESIGNED TO PRODUCE AND --
OT
DESIGNED TO PRODUCE TRUTH --
OBJECTIVE TRUTH.
FOUNDED ON A BELIEF IN OBJECTIVE
TRUTH AND ITS ACERTAIN TRAIN
ABILITY.
THIS IS THE -- ASKER I ASKER IS
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
CERTAIN WHAT THEY MEANT.
INDEED, A GOOD JUDGE -- A GOOD
THEORY OF LAW IS TO ALLOW THE
JUDGE TO UPDATE ITR CHANGE IT
OR ADOPT HOW THEY WOULD LIKE IT
TO BE.
AND I WOULD SUGGEST, MADAM
PRESIDENT, THIS IS NOT A HEALTHY
END IN AMERICA.
AND IT IMPACTS
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
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
SYSTEM WE HAVE.
A JUDGE TAKES THIS
-- "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
PERFOR 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
FEDERALUDGES 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
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 CONRNS 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 N
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
TAKE A LOOK AT THE LITIGANTS,
REACH
THE SCALES OF JUSTICE ON ONE
I THINK THIS IS A DANGEROUS
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
STANDARD IS IS
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
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
WHAT IS EMPATHY?
IS THIS YOUR PERSONAL FEELING
THAT YOU HAD A TOUGH C
OR SOMETHING PREJUDICE THAT YOU
HAVE, YOU'RE PROTESTAN OR
CATHOLIC, YOUR ETH RACE?
IS THAT WHAT EMPATHY IS?
IT HAS NO OBJECTIVE MEANING, AND
THAT'S WHY IT'S NOT A LEGAL
STANDARD.
THE OATH
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, T
NOMINATED JUDGE SONIA SOTOMAYOR FOR THE SUPREME COURT OF THE
UNITED STATES AND THUS FAR OUR
REVIEW OF
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 SOMAYOR
DELIVERED A SPEECH ENTITLED
"WOMEN IN THE JUDICIARY."
IN IT SHE EMPHASIZES THAT SHE
ACCEPTS THE PROPOSITI THAT A
JUDGE'S PERSONAL EXPERIENCES
AFFECT THEIR OUTCOME
SAYING -- QUOTE -- " 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
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
IS FUNDAMENTAL TO OUR LEGAL
SYSTEM AND TO OUR FREEDOMS.
IN THEATEST SPEECH JUDGE
SOTOMAYOR TAKES A GIANT STEP
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 THA DIFFERENCE WILL BE
MY
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
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 T
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 THINK.
SO, MR. PRESIDENT, I FIND THIS
TO BE AN EXTRAORDINARY 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 SIDOF THE ARGUMENT,
IF YOU DON'T CATCH A JUDGE'S
FANCY OR SHARED PERSONAL EXPERIENCE.
AND THIS APPROACH TO JUDGING AS
EXPRESSED IN HER SPEECHES AND
WRITINGS APPEAR TO HAVE PLAYED
AN IMPORTANT PART IN
HAVEN FIREFIGHTERS CASE THAT
SENATOR McCONNELL MENTIONED EARLIER.
THESE WERE THE 17 FIREFIGHTERS
WHO
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
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
COMPLAING FIREFIGHTERS WERE
NOT EVEN ENTITLED TO A TRIAL,
THAT THE PRETRIAL MOTIONS AND
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
THEY WROTE ALMOST
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
REVERSAL, I HAVE TO SAY.
SO THE QUESTION IS: DID SHE
ALLOW HER PRIOR EXPERIENCES AND
LIEFS TO I
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
CRITICIZING TEST AND THE
STANDARDIZED PROCESS OF TESTING.
AND, OF COURSE, HER STATED
PHILOS
SHOULD USE LIFE EXPERIENCES IN
REACHING DECISIONS.
AND WE DO KNOW THAT SHE BELIEVES
THAT A
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
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
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
DEPARTMENTS LIEUTENANTS' EXAM
CLAIMING THAT THAT EXAM WAS BIASED.
SO UNDER HER LEADERSHI 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
FACT, AFTER THE TEST THAT NOT
ENOUGH MINORITIES WERE BEING PROMOTED.
SO IT SOUNDS A LOT LIKE
FIREFIGHTERS CASE THAT WE TALKED
A GOOD BIT ABOUT SO FAR.
AND SO WE'RE LEFT
ROLE DID THE
EXPERIENCES PLAY WHEN SHE HEARD
THE CASE.
DID HER
HAS STATED -- QUOTE -- "AFFECT
THE FACTS SHE CHOSE THE PRESIDING OFFICER:
SENATOR, THE REPUBLICAN TIME HAS
EXPIRED. MR. SESSIONS: MADAM PRESIDENT,
I WOULD ASK FOR ONE MINUTE
ADDITIONAL TIME, UNA
CONSENT.
THE PRESIDING OFFICER: WITHOUT
OBJECTION.
MR. SESSIONS: SO THOSE ARE
IMPORTANT QUESTIONS,
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
SHE BROUGHT HER BACKGROUND AND
HERREJUDICES TO BEAR ON THE
CASE AND DID NOT
FAIR
VERY FEW CASES ARE TAKEN BY THE
SUPREME COURT, BUT
COURT DID TAKE THIS
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:
THE PRESIDING OFFICER: THE
SENATOR FROM ILLINOIS.
MR. DURBIN: MADAM PRESIDENT,
IT'S MY UNDERSTANDING THAT THE SENATOR FROM NORTH CAROLINA IS
GOING
CONSENT REQUEST.
IS THAT
A SENATOR: THE SENATOR IS CORRECT.
I BELIEVE THE SENATOR FROM
NEBRASKA AS WELL.
MR. BURR: I WOULD ASK
UNANIMOUS CONSENT TO BE
RECOGNIZED
FROM NEBRASKA, IS MY
UNDERSTANDING, FOR UP TO TEN
MINUTES AS IF IN MORNING
BUSINESS.
IS THAT WHAT THE LEADER --
MR. DURBIN: AND THE TIME
SUGGESTED FOR THE SENATOR FROM
NEBRASKA IS HOW MUCH?
MR. JOHANNS: MADAM PRESIDENT,
I ANTICIPATE TEN MINUTES AND
WOULD ASK UNANIMOUS CONSENT TO
SPEAK FOR TEN
MR. DURBIN: 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 WON'T
BUT IF I CLD 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
FIVE MINUTES.
MR. JOHANNS: FIVE MINUTES.
MR. DURBIN: FIVE MINUTES IN NORTHBOUND.
AND THE SENATOR FROM NORTH
CAROLINA UP TO TEN MINUTES.
I KNOW YOUAID 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
I MAKE THAT UNANIMOUS CONSENT
REQUEST.
THE PRESIDING OFFICER: WITHOUT
OBJECTION.
THE PRESIDING OFFICER: THE
SENATOR FROM NEBRASKA. 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
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 ENORMS
COST SHIFTING TODAY, INCREASING
HEALTH CARE COSTS FOR OTHER.
UNDERPAYMENTS FOR
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
INDUSTRYEELS.
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 COMPETIVE
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-PAY 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 ANAL
PER EMPLOYEE.
BUT THAT'S NO PENALTY COMPARED
TO THE COST OF PRIVATE INSURANCE.
IN 2008,HE 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 OICE 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.
MR. DURBIN
THE
SENATOR FROM NORTH CAROLINA.
MR. BURR: ONE OF THE PRIVILEGES
OF BEING A UNITED STATES SENATE
IS THAT WE
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
INDIVIDUALS THAT WE CAN HONESTL
CALL HEROES, HEROES THAT LAY
THEIR LIFE ON THE LINE AND
SACRIFICE THEMSELVES FOR OUR
FREEDOM.
MASTER SERGEANT BRENDON
O'CONNOR, A
FORCES GROUP IS ONE OF THOSE
VERY SPECIAL PEOPLE.
IN JUNE OF 2006, HE HE HE WAS
DEPLOYED TO AFGHA
SUPPORT
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
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
MISSIO
OF THE FAMILY.
BRENDON'S TEAM WAS TRACKING ONE
OF THESE THUGS THAT WAS
NOTORIOUS FOR THIS RECRUITMENT.
THEY TRACKED A TERRORIST TO A
SMALL
BRANDON'S TEAM SET A PERIMETER
TO ROUTE OUT THE WAR LORDS.
THEY PROCEED TO SWEEP A
VILLAGE HOPING TO SURPRISE THE
LOCAL TALIBAN LEADER.
THEIR ARRIVAL WAS TIPPED OFF TO THE TALIBAN.
THEY FLED MINUTES BEFE 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
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
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
SERGEANT MUHOLLIK WAS ABLE TO
GET CLOSE ENOUGH WITHOUT BEING DETECTED.
ONCE HE ASSESSED THE SITUATION,
THE SERGEANT THOUGHT HE COULD
TAKE T
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
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
TE
HE WAS SHOT THROUGH THE SOLDIER.
THE ONL 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
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
MISSION TO SAVE THE LIVES OF
THESE SOLDIERS.
AT FIRST
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 G 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 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.
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
SOLDIER TO SAFETY.
UNFORTUNATELY JOE F
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
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
FORCES GOT HIM SEVERAL WEEKS
LATER.
FOR THEIR HEROICS IN COMBAT
MASTER SERGEANT TOM
MATT BENNIE WERE AWARDED THE
STAR.
BRENDON
DISTINGUISHED SERVICE CROSS FOR
HIS VALOR.
IT WAS THE FIRST TIME A MEMBER
-- OF THE SEVENTH SPECIAL FORCE
GROUHAD 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
BUT THIS STORE WAS TO A-- THIS
STORIESTORIES 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.
THE PRESIDING OFFICER: MORNING
BUSINESS IS CLOSED.
UNDER THE PREVIOUS ORDER THE
SENATE WILL PROCEED TO THE
CONSIDERATION OF H.R. 2
THE CLERK
THE CLERK: H.R. 2892, AN ACT
MAKING THE APPROPRIATIONS
THE DEPARTMENT OF HOMELAND
SECURITY FOR THE FISCAL YEAR
ENDING
FOR OTHER PURPOSES.
MR. REID: THE BILL HAS BEEN REPORTED, IS THAT
THE PRESIDING OFFICER: THE
SENATOR IS CORRECT.
MR. REID: I CALL AN AMENDMENT
THAT'S AT THE DESK ON BEHALF OF
SENATOR INOUYE
THE PRESIDING OFFICER: THE CLERK
WILL REPORT THE ANTI.
THE CLERK: THE SENATOR AMENDMENT.
THE CLERK:
NEVADA PROPOSED AMENDMENT 1373.
STRIKE ALL AFTER THE ENACTING
CLAUSE AN INSERT THE
MR. DURBIN: I ASK TO DISPENSE
WITH THE READING OF THE
SUBSTITUTE AMENDMENT. THE PRESIDING FICER: WITHOUT
OBJECTION.
FISCAL YEAR 2010, DEPARTMENT OF
HOMELAND SECURITY APPROPRIATIONS
BILL.
THE CHAIRMAN OF THE HOM
SECURITY SUBCOMMITTEE, SENATOR
ROBERT C. BYRD OF WEST VIRGINIA
IS HOME FROM THE HOSPITAL, WHICH
IS GOOD NEWS, IMPROVING DAILY
AND EAGER TO RETURN
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
I WANT TO THANK SENATOR COCHRAN
AND SENATOR VOINOVICH OF
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 S 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
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 R
THESE INCREASES WERENVESTED
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
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
FISCAL YEAR -- CURRENT FISCAL YEAR 2009.
CHAIRMANYRD 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 FO
HAZARDS INCLUDING NATURAL
DISASTERS.
NUMBER FOUR, SUPPORT
LOCAL AND TRIBAL PRIVATE SECTOR
PARTNERS IN HOMELAND SECURITY
WITH RESOURCES AND INFORMATION
AND GIVE THE DEPARTMENT THE
MANAGEMENT TOO IT NEEDS TO SUCCEED.
TO MEET THESE GOALS CHAIRMAN
BYRD PROVIDES IN THE BILL
WORKING WITH SENATOR VOINOVIC
VOINOVICH $10.2 BILLION FOR
CUSTOMS AND BORDER PROTECT
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 $513 MILLION INCREASE FOR THE
PURCHASE AND INSTA
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 SUR
INCLUDING 100 ADDITIONAL
INSPECTORS A
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
CUTTERS, 40 MEDIUM-SIZED
RESPONSE BOWS AND FUNDING FOR
INNER
ARE REQUIRED BY THE SAFE PORT
ACT.
$4.2 MILLION IS PROVIDED FOR THE
FIRST
INCLUDING $887 FOR URBAN AREA
SECURITY GRANTS, $950 MILLION
FOR STATE HOMELAND SECURITY
ANTS AND $350 MILLION FOR
EMERGENCY MANAGEMENT PERFORMCE GRANTS.
PORT SECURITY GRANTS
RECEIVE $350 MILLION AND TRANSIT
RAILROAD BUS GRANTS
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 BL.
BY FOCUSING ON THE FIVE GOALS
THAT CHAIRMAN BYRD HAS
ESTABLISHED FOR THIS BILL, WE
PROVIDE THE
INFORMATION NECESSARY TO BUILD
CONFIDENCE IN OUR ABILITY TO SECURE AMERICA.
I URGE THE BILL.
AND I YIELD THE FLOOR TO THE
SENATOR VOINOVICH OF
MR. VOINOVICH: I THANK SENATOR
DURBIN, AND I WOULD LIKE TO
ACOWLEDGE --
THE PRESIDING OFFICER: THE
SENATOR THE
SENATOR FROM OHIO.
MR. VOINOVICH: -- THE
COOPERATION THAT WE RECEIVED
FROM SENATOR BYRD AND HIS STAFF
AND WE'RE PLEASED THAT SENATOR
BYRD IS OUT THE THE HOSPITAL
AND RECUPERATING AT HOME.
I APPRECIATE THE FACT T
STEPPED IN TO PINCH-HIT FOR HIM THIS MORNING.
I WOULD LIKE TO CONCENTRATE ON
SOME OF THE HIGHLIGHTS THAT I
THINK NEETO BE UNDERSCORED.
THE BILL RECOMMENDS A TOTAL OF
$44.3 BILLION IN APPROPRIATIONS
TO SUPPORT PROGRAMS AND
ACTIVITIES IN THE DEPARTMT OF
HOMELAND SECURITY.
OF THIS AMOUNT, $42.7 BILLION IS
FOR DISCRETIONARY SPENDING.
THIS IS ROUGHLY $145 MILLION
LESS THAN THE
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 M
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
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
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 RECMENDATIONS, BUT
NOTE SOME OF THEM.
FUNDING IS P
SECURITY, INCLUDING THE FUNDS TO
SUPPORT 20,063 BORDER PATROL
AGENTS, 33,400 DETENTION BETS,
AND $800 MILLION FOR CONTINUED
WORK ON THE BORDER
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 Y
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
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
HAS EFFECTIVE
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,
IT WILL BE AT GREAT EXPENSE.
IN PARTICULAR, I'M PLEASED THE
BILL
REQUEST TO IMPLEMENT A BIOMETRIC
AIR EXIT CAPABILITY.
AS THE CHIEF SPONSOR OF THE
SECURE TRAVEL A
COUNTERTERRORISM PARTNERSHIP ACT
OF 2007, EXPANDING AND IMPROVING
THE VISA WAIVER PROGRAM IS ONE
OF M
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
EIGHT NEW COUNTRIES HAVE BEEN
ACCEPTED IO THE PROGRAM AND
WE'RE SEEING GREAT IMPROVEMENT
IN THE SECURITY PRACTICES OF THE
27 COUNTRIES THAT WERE ALREADY
PARTIC
I'VE JUST RETURNED FROM
LITHUANIA AND LATVIA WHE I WAS
JOINED BY SEVERAL OTHER MEMBERS
OF THE SENATE, INCLUDING SENATOR
DURBIN.
TWO COUNTRIES THAT
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
CONCERN TO ME.
ONE IS THE WAY THIS
ADMINISTRATION HAS BUDGETED FOR DISASTERS.
THE PRESIDENT'S FISCAL YEA 2010
REQUEST FOR DISASTER RELIEF IS
ONLY $2
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 TS 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 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
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
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
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
FEMA MONEY BECAUSE THEY'RE
SAYING YOU DID IT IN KATRINA.
WHY CAN
WHY CAN'TOU 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 AITION, THIS BILL PROVIDES
ALMOST $16
AND IMMIGRATION ENFORCEMENT.
AND THAT
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.
OUR COUNTRY SHOULD KNOW THAT.
THEY HAVE BEEN TALKING FOR A
LONG TIME THAT WE HAVEN'T BEEN
DOING THE JOB IN SECURING
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
IMMIGRANTS OTHER THAN BY
DRASTICA
FOR BORDER ENFORCEMENT.
IN 2008 THE U.S. REMOVED 347,000 INDIVIDUALS.
IN FISCAL YEAR 2009,
BILLION IS AVAILABLE TO LOCATE,
DETAIN AND REMOVE UNAUTHORIZED ALIENS.
AT THE CURRENT PACE OF REMOVAL,
IT COULD REQ
INVESTMENT OF $272 BILLION IN
YEARS TO LOCATE AND REMOVE THE
ESTIMATE THE 11
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
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 ARESS THE
DEPARTMENT'S RESOURCE
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 O
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
THE HOUSE CONSIDERED AND ADOPTED
ITS VERSION OF THE FISCAL YEAR 2010 DEPARTMENT OF HOMELAND
SECURITY APPROPRIATIONS BILL
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
BILLS BY THE SENATE IS REQUIRED
IF THE CONGRESS IS TO COMPLETE
ITS WORK ON ALL 12
APPROPRIATIONS
1.
I HAVE LONG BEEN CONCERNED ABOUT
OUR FAILURE TO COMPLETE OUR
APPROPRIATIONS WORK ON TIME AND
THE
AND I INTEND TO SPEAK AT GREATER
LENGTH ON THAT DURING OUR
CONSIDERATION OF THIS BILL.
BUT I DO
LETTER DATED MARCH 24, 2009, TO
THE MAJORITY LEADER, WHICH
INCLUDED THE SIGNATURES
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 TRANSPARE
PROCESS ON THE SENE FLOOR." END OF QUOTE.
THE LETTER GOES ON TO POINT OUT,
FOR A VARIETY OF REASONS OVER
THEAST SEVERAL YEARS, THE
SENATE HAS FAILED TO DEBATE,
AMEND, AND PASS EACH OF
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
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
LIKE THE ONE THAT WE HAD THIS YEAR."
SO LET US PROCEED WITH THIS BIL
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
THEIR CONSIDERATION AND SUPPORT.
AND I YIELD THE FLOOR.
MR. DURBIN: THE PRESIDING OFFICER: THE
SENATOR FROM ILLINOIS.
MR. DURBIN: 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.
THE PRESIDING OFFICER: WITHOUT OBJECTION.
MR. VOINOVICH: I ASK UNANIMOUS
CONS
APPROPRIATIONS COMMITTEE STAFF
BE G
DURING CONSIDERATION OF
FISCAL YEAR APPROPRIATIONS BILL
AND ANY VOTES THAT MAY OCCUR IN
RELATION THERETO.
THE PRESIDING OFFICER: WITHOUT
OBJECTION.
MR. INOUYE: MADAM PRESIDENT?
THE PRESIDING OFFICER: THE
SENATOR FROM HAWAII.
MR. INOUYE: TODAY THE SENATE
BEGINS CONSIDERATION OF THE
HOMELAND SEC
BI WHICH WAS PASSED BY THE
HOUSE AND MARKED UP BY THE
SENATE COMMITTEE LATE LAST
MONTH.
THIS WEEK THE COMMITTEE ON
APPROPRIATIONS WILL MEET
CONSIDER FIVE ADDITIONAL
APPROPRIATIONS BILLS.
OVER THE
EXPECT TO HAVE MANY OF THESE
PASSED BY THE SENATE SO THAT WE
CAN
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 OVE 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
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 CONTI
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
I YIELD THE FLOOR.
THE PRESIDING
SENATOR FROM
MR. SESSIONS: MADAM PRESIDENT,
I HAVE AN AMENDMENT AT THE DESK,
NUMBER 1371 AND WOULD ASK FOR
ITS IMMEDIATE CONSIDERATION.
THE PRESIDING OFFICER: THE CLERK WILL REPORT.
THE CLERK: THE SENATOR FROM
ALABAMA, MR. SESSIONS, PROPOSES
AN AMENDMENT NUMBERED 1371 TO
AMENDMENT
MR. SESSIONS: I ASK UNANIMOUS
CONSENT FUHER READING BE DISPENSED.
THE PRESIDING OFFICER: WITHOUT
OBJECTION, SO ORDERED. MR. SESSIONS: 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 GOVERNM
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
I YIELD THE FLOOR.
MR. DURBIN: MADAM PRESIDENT?
THE PRESIDING OFFICER: THE
SENATOR FROM ILLINOIS.
MR. DURBIN: I HAVE 12
UNANIMOUS CONSENT REQUESTS FOR
COMMITTEES TO MEET WITH THE
APPROVAL THE MAJORITY AND
MINORITY
ASK UNANIMOUS CONSENT THE
REQUESTS BE PRINTED IN THE RECORD.
THE PRESIDING OFFICER: WITHOUT JECTION, SO ORDERED.
A SENATOR: MADAM PRESIDENT? THE PRESIDING OFFICER: THE
SENATOR FROM MINNESOTA.
SLAB SLAMINNESOTA.
MS. KLOBUCHAR:
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 E 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, PL 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
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
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 DEVOTED TO HIS FAMILY.
HE MET HIS WIFE-I SEE HER NOW IN
THE GALLERY -- DURING HIS
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 SUDDENL
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 TH 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 WAITI.
THE SENATE HAS BEEN WAITING.
BUT MOST IMPORTANTLY TO ME,
FRANNIE HAS BEEN WAITING.
MY F
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 ATNY 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 LING 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
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
WAING FOR YOU IN THE UNITED STATES SENATE.
THANK YOU, MADAM PRESIDENT.
I YIELD THE FLOOR. I SUGGEST THE ABSENCE OF A QUORUM.
THE PRESIDING
WILL CALL THE ROLL.
QUORUM CALL:
QUORUM C
MR. REID: MR. PRESIDENT?
OFFICER THE MAJORITY LEADER.
MR. REID: I ASK UNANIMOUS
CONSENT THAT
QUORUM BE TERMINATED.
THE PRESIDING OFFICER: WITHOUT
OBJECTION.
THE CHAIR LAYS BEFORE THE SENATE
THE CERTIFICATE OF ELECTION FOR
A
JANUARY 3, 2009, FOR THE
REPRESENTATION OF THE STATE OF
MINNESOTA.
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 WAIVE 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
CONSTITUTION AND
LAW.
THE VICE PRESIDENT: PLEASE
RA
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.
THE VICE PRESIDENT:
[APPLAUSE]
[CHEERS AND APPLAUSE]
THE PRESIDING OFFICER: THE MAJORITY LEADER.
MR. REID: I HAVE A RESOLUTION
AT THE DESK AND I ASK FOR ITS
CONSIDERATION.
THE PRESIDING OFFICER: WITHOUT
OBJECTION
THE CLERK WILL REPORT.
THE CLERK: S. RES. 208, TO
CONSTITUTION
PARTY'S MEMBERSHIP ON CERTAIN
COMEELTS F
CONGRESS OR UNTIL THEIR
SUCCESSORS ARE CHOSEN. THE PRESIDING OFFICER: WITHOUT
OBJECTION, THE RESOLUTION IS
CONSIDERED AND AGREED TO.
A SENATOR: MOVE TO RECONSIDER.
A SENATOR: MOVE TO TABLE. THE PRESIDING OFFICER: WITHOUT
OBJECTION.
MR. REID: MADAM PRESIDENT?
UNDER THE PREVIOUS ORDER THE
AUTH
18, I ANNOUNCE THAT SENATOR
FRANKEN IS ASSIGNED TO THE
COMMITTEE ON INDIAN AFFAIRS,
SELECT COMMITTEE ON AGING AND
SOON AS THE MARK UPIS COMPLETED
ON THE "HELP" COMMITTEE HEALTH
CARE BILL, HE WILL GO ONTO
I NOTE THE ABSENCE OF A QUORUM.
MADAM PRESIDENT, I ANY IT IS
APPROPRIATE -- I ASK THAT WE
RECESS 10 MINUTES
THE PRESIDING OFFICER: WITHOUT OBJECTION.