1 00:00:00,000 --> 00:00:00,000 starttime 1257431449.54386 2 00:00:54,001 --> 00:00:56,000 THE PRESIDING OFFICER: THE 3 00:00:56,001 --> 00:00:57,000 SENATE WILL COME TO ORDER. 4 00:00:57,001 --> 00:01:03,000 THE CHAPLAIN, DR. BARRY BLACK, 5 00:01:03,001 --> 00:01:08,000 WILL LEAD THE SENATE IN PRAYER. 6 00:01:08,001 --> 00:01:11,000 THE CHAPLAIN: 7 00:01:11,001 --> 00:01:12,000 GOD OF WONDER BEYOND ALL 8 00:01:12,001 --> 00:01:16,000 MAJESTY, YOU ARE WORTHY OF OUR 9 00:01:16,001 --> 00:01:20,000 PRAISE. 10 00:01:20,001 --> 00:01:24,000 THANK YOU FOR THE MARVEL OF 11 00:01:24,001 --> 00:01:25,000 CREATION THAT SURROUNDS US AND 12 00:01:25,001 --> 00:01:31,000 FOR YOUR CREATIVE PRESENCE THAT 13 00:01:31,001 --> 00:01:35,000 EMPOWERS US. 14 00:01:35,001 --> 00:01:38,000 LET YOUR PRESENCE UNSETTLE AND 15 00:01:38,001 --> 00:01:39,000 INSPIRE US, AS WE SEEK TO LIVE 16 00:01:39,001 --> 00:01:45,000 LIVES OF PRAISE AND 17 00:01:45,001 --> 00:01:47,000 THANKSGIVING. 18 00:01:47,001 --> 00:01:50,000 LORD, UNSETTLE US WHEN OUR 19 00:01:50,001 --> 00:01:53,000 DREAMS COME 20 00:01:53,001 --> 00:01:56,000 TRUE BECAUSE THEY ARE TOO SMALL, 21 00:01:56,001 --> 00:01:59,000 AS YOU INSPIRE US TO DARE MORE 22 00:01:59,001 --> 00:02:05,000 BOLDLY AND ATTEMPT TO ACCOMPLISH 23 00:02:05,001 --> 00:02:09,000 GREAT THINGS IN YOUR NAME. 24 00:02:09,001 --> 00:02:11,000 TODAY, SHOW YOUR GLORY, YOUR 25 00:02:11,001 --> 00:02:15,000 JUSTICE, AND YOUR PEACE THROUGH 26 00:02:15,001 --> 00:02:19,000 THE WORK OF OUR LAWMAKERS. 27 00:02:19,001 --> 00:02:22,000 INSPIRE THEIR HEARTS TO THIRST 28 00:02:22,001 --> 00:02:25,000 FOR YOUR WISDOM, PREPARING THEM 29 00:02:25,001 --> 00:02:26,000 TO NAVIGATE THROUGH LIFE'S 30 00:02:26,001 --> 00:02:30,000 INEVITABLE CHALLENGES AND 31 00:02:30,001 --> 00:02:33,000 SETBACKS. 32 00:02:33,001 --> 00:02:37,000 RESTORE IN THEM THE WHOLENESS 33 00:02:37,001 --> 00:02:39,000 THAT COMES FROM SEEKING YOUR 34 00:02:39,001 --> 00:02:44,000 GLORY IN EVERYTHING THEY THINK, 35 00:02:44,001 --> 00:02:46,000 SAY, AND DO. 36 00:02:46,001 --> 00:02:52,000 WE PRAY IN YOUR SACRED NAME. 37 00:02:52,001 --> 00:02:53,000 AMEN. 38 00:02:53,001 --> 00:02:54,000 THE PRESIDING OFFICER: PLEASE 39 00:02:54,001 --> 00:02:56,000 JOIN ME IN RECITING THE PLEDGE 40 00:02:56,001 --> 00:02:57,000 OF ALLEGIANCE TO THE FLAG. 41 00:02:57,001 --> 00:02:58,000 I PLEDGE ALLEGIANCE TO 42 00:02:58,001 --> 00:03:00,000 THE FLAG OF THE 43 00:03:00,001 --> 00:03:01,000 UNITED STATES OF AMERICA 44 00:03:01,001 --> 00:03:03,000 AND TO THE REPUBLIC 45 00:03:03,001 --> 00:03:05,000 FOR WHICH IT STANDS, 46 00:03:05,001 --> 00:03:07,000 ONE NATION UNDER GOD, 47 00:03:07,001 --> 00:03:08,000 INDIVISIBLE, 48 00:03:08,001 --> 00:03:14,000 WITH LIBERTY AND 49 00:03:14,001 --> 00:03:15,000 JUSTICE FOR ALL. 50 00:03:15,001 --> 00:03:16,000 THE PRESIDING OFFICER: THE 51 00:03:16,001 --> 00:03:17,000 CLERK WILL READ A COMMUNICATION 52 00:03:17,001 --> 00:03:18,000 TO THE SENATE. 53 00:03:18,001 --> 00:03:19,000 THE CLERK: WASHINGTON D.C., 54 00:03:19,001 --> 00:03:21,000 NOVEMBER 5, 2009. 55 00:03:21,001 --> 00:03:22,000 TO THE SENATE: 56 00:03:22,001 --> 00:03:23,000 UNDER THE PROVISIONS OF RULE 1, 57 00:03:23,001 --> 00:03:25,000 PARAGRAPH 3, OF E STANDING 58 00:03:25,001 --> 00:03:26,000 RULES OF THE SENATE, I HEREBY 59 00:03:26,001 --> 00:03:27,000 APPOINT 60 00:03:27,001 --> 00:03:28,000 THE HONORABLE MARK PRYOR, 61 00:03:28,001 --> 00:03:29,000 A SENATOR FROM THE 62 00:03:29,001 --> 00:03:30,000 STATE OF ARKANSAS, 63 00:03:30,001 --> 00:03:31,000 TO PERFORM THE DUTIES OF THE CHAIR. 64 00:03:31,001 --> 00:03:34,000 SIGNED: ROBERT C. BYRD, PRESIDENT 65 00:03:34,001 --> 00:03:35,000 PRO TEMPORE. 66 00:03:35,001 --> 00:03:36,000 MR. REID: MR. PRESIDENT? 67 00:03:36,001 --> 00:03:37,000 THE PRESIDING OFFICER: THE MAJORITY LEADER. 68 00:03:37,001 --> 00:03:38,000 MR. REID: FOLLOWING LEADER 69 00:03:38,001 --> 00:03:39,000 REMARKS THE SENATE WILL PROCEED 70 00:03:39,001 --> 00:03:40,000 TPO A PERIOD OF MORNING 71 00:03:40,001 --> 00:03:42,000 BUSINESS -- TO A PERIOD OF 72 00:03:42,001 --> 00:03:43,000 MORNING BUSINESS 73 00:03:43,001 --> 00:03:44,000 DURING THAT PERIOD OF TIME 74 00:03:44,001 --> 00:03:47,000 SENATORS WILL BE ALLOWED TO 75 00:03:47,001 --> 00:03:48,000 SPEAK FOR UP TO TEN MINUTES EACH. 76 00:03:48,001 --> 00:03:49,000 THE MAJORITY WILL CONTROL THE 77 00:03:49,001 --> 00:03:50,000 FIRST HOUR. 78 00:03:50,001 --> 00:03:51,000 THE REPUBLICANS WILL CONTROL THE 79 00:03:51,001 --> 00:03:52,000 SECOND HOUR. 80 00:03:52,001 --> 00:03:55,000 FOLLOWING MORNING BUSINESS, 81 00:03:55,001 --> 00:03:57,000 THERE WILL BE 40 MINUTES OF 82 00:03:57,001 --> 00:03:58,000 DEBATE WITH RESPECT TO H.R. 83 00:03:58,001 --> 00:03:59,000 2847, THE 84 00:03:59,001 --> 00:04:01,000 COMMERCE-JUSTICE-SCIENCE APPROPRIATIONS BILL. 85 00:04:01,001 --> 00:04:02,000 UPON THE USE OR YIELDING BACK OF 86 00:04:02,001 --> 00:04:07,000 THAT TIME, THE SENATE WILL 87 00:04:07,001 --> 00:04:08,000 PROCEED TO A CLOTURE VOTE ON THE 88 00:04:08,001 --> 00:04:09,000 SUBSTITUTE AMENDMENT TO THE BILL. 89 00:04:09,001 --> 00:04:10,000 A NUMBER OF AMENDMENTS ARE 90 00:04:10,001 --> 00:04:13,000 PENDING TO THE BILL. 91 00:04:13,001 --> 00:04:14,000 IF CLOTURE IS INVOKED WE WILL 92 00:04:14,001 --> 00:04:15,000 DISPOSE OF PENDING GERMANE 93 00:04:15,001 --> 00:04:16,000 AMENDMENTS. 94 00:04:16,001 --> 00:04:18,000 WE EXPECT TO REACH AGREEMENT 95 00:04:18,001 --> 00:04:20,000 TODAY TO CONSIDER THE NOMINATION 96 00:04:20,001 --> 00:04:21,000 OF ANDRE DAVIS TO BE A CIRCUIT 97 00:04:21,001 --> 00:04:23,000 JUDGE FOR THE FOURTH CIRCUIT. 98 00:04:23,001 --> 00:04:25,000 THAT NOMINATION, WE'RE TOLD, 99 00:04:25,001 --> 00:04:27,000 WILL REQUIRE A ROLL CALL VOTE. 100 00:04:27,001 --> 00:04:28,000 WE'LL BEGIN CONSIDERATION OF THE 101 00:04:28,001 --> 00:04:30,000 MILITARY CONSTRUCTION 102 00:04:30,001 --> 00:04:31,000 APPROPRIATIONS MATTER WHICH IS 103 00:04:31,001 --> 00:04:32,000 EXTREMELY IMPORTANT. 104 00:04:32,001 --> 00:04:33,000 UPON COMPLETION OF THE 105 00:04:33,001 --> 00:04:36,000 COMMERCE-JUSTICE-SCIENCE BILL, 106 00:04:36,001 --> 00:04:38,000 WE WILL GO TO MILITARY CONSTRUCTION. 107 00:04:38,001 --> 00:04:42,000 SENATORS SHOULD EXPEC 108 00:04:42,001 --> 00:04:44,000 VOTE 109 00:04:44,001 --> 00:04:47,000 THERE WILL BE -- THAT WILL BE A 110 00:04:47,001 --> 00:04:53,000 VOTE ON CLOTURE ON C.J.S., AND 111 00:04:53,001 --> 00:04:55,000 ADDITIONAL VOTES ARE EXPECTED 112 00:04:55,001 --> 00:04:58,000 MR. PRESIDENT, ONE THING THIS 113 00:04:58,001 --> 00:04:59,000 BODY NEEDS IS MORE 114 00:04:59,001 --> 00:05:00,000 BIPARTISANSHIP. 115 00:05:00,001 --> 00:05:03,000 THE PRESIDING OFFICER HAS DONE A 116 00:05:03,001 --> 00:05:06,000 WONDERFUL JOB REACHING OUT 117 00:05:06,001 --> 00:05:09,000 DURING HIS TENURE AS SENATOR TO 118 00:05:09,001 --> 00:05:11,000 OTHER SENATORS, DEMOCRATS AND REPUBLICANS. 119 00:05:11,001 --> 00:05:13,000 LEGISLATION IS THE ART OF 120 00:05:13,001 --> 00:05:14,000 COMPROMISE AND CENSUS BUILDING, 121 00:05:14,001 --> 00:05:16,000 AND THE PRESIDING OFFICER 122 00:05:16,001 --> 00:05:17,000 CERTAINLY HAS FILLED THAT ROLE 123 00:05:17,001 --> 00:05:20,000 VERY WELL. 124 00:05:20,001 --> 00:05:22,000 I WANT TO SPEND A FEW MINUTES 125 00:05:22,001 --> 00:05:25,000 THIS MORNING TALKING ABOUT THIS 126 00:05:25,001 --> 00:05:29,000 BECAUSE WE'VE HAD SOME REALLY DRAMATIC DEVELOPMENTS TAKE PLACE 127 00:05:29,001 --> 00:05:30,000 IN THE LAST SEVERAL WEEKS, AND 128 00:05:30,001 --> 00:05:32,000 THAT'S THE RESULT OF TWO MEN WHO 129 00:05:32,001 --> 00:05:33,000 ARE WORKING VERY, VERY HARD TO 130 00:05:33,001 --> 00:05:37,000 COME UP WITH SOMETHING THAT 131 00:05:37,001 --> 00:05:40,000 WOULD BE 132 00:05:40,001 --> 00:05:43,000 WE'RE WORKING SO HARD ON HEALTH 133 00:05:43,001 --> 00:05:44,000 CARE REFORM; IT'S BEEN EXTREMELY 134 00:05:44,001 --> 00:05:46,000 DIFFICULT TO ARRIVE AT THE POINT 135 00:05:46,001 --> 00:05:49,000 WHERE WE ARE. 136 00:05:49,001 --> 00:05:52,000 BUT WE'RE FURTHER NOW THAN WE'VE 137 00:05:52,001 --> 00:05:53,000 EVER BEEN SINCE 1948 COMING UP 138 00:05:53,001 --> 00:05:55,000 WI 139 00:05:55,001 --> 00:05:57,000 THAT WILL MAKE HEALTH CARE M 140 00:05:57,001 --> 00:05:59,000 AVAILABLE FOR ALL AMERICANS. 141 00:05:59,001 --> 00:06:01,000 SWITCHING FROM HEALTH CARE TO 142 00:06:01,001 --> 00:06:04,000 ENERGY AND THE PROBLEMS WE HAVE 143 00:06:04,001 --> 00:06:06,000 WITH THE WARMING OF 144 00:06:06,001 --> 00:06:08,000 I'VE KNOWN JOHN KERRY FOR A LONG TIME. 145 00:06:08,001 --> 00:06:09,000 WE WERE BOTH LIEUTENANT 146 00:06:09,001 --> 00:06:11,000 GOVERNORS. 147 00:06:11,001 --> 00:06:14,000 I CAME TO THE CONGRESS -- WE 148 00:06:14,001 --> 00:06:16,000 CAME TO THE CONGRESS THE SAME YEAR. 149 00:06:16,001 --> 00:06:19,000 AS A RELATIVELY NEW SENATOR, I 150 00:06:19,001 --> 00:06:21,000 WAS ON A SELECT COMMITTEE THAT 151 00:06:21,001 --> 00:06:23,000 HE COCHAIRED DEALING WITH 152 00:06:23,001 --> 00:06:26,000 PRISONERS OF WAR AND THOSE 153 00:06:26,001 --> 00:06:28,000 MISSING IN ACTION, AND I NOTICED 154 00:06:28,001 --> 00:06:31,000 AT THAT TIMEHAT A FINE LEADER 155 00:06:31,001 --> 00:06:33,000 HE WAS, A FINE LEGISLATOR THAT 156 00:06:33,001 --> 00:06:34,000 JOHN KERRY WAS. 157 00:06:34,001 --> 00:06:37,000 IT WAS THE RESULT OF HIS GOOD 158 00:06:37,001 --> 00:06:38,000 WORK AND OTHERS ON THAT 159 00:06:38,001 --> 00:06:40,000 COMMITTEE, INCLUDING BOB SMITH 160 00:06:40,001 --> 00:06:42,000 FROM NEW HAMPSHIRE, WE CAME UP 161 00:06:42,001 --> 00:06:44,000 WITH, I THINK, AN OUTSTANDING 162 00:06:44,001 --> 00:06:46,000 WORK PRODUCT IN THAT COMMITTEE. 163 00:06:46,001 --> 00:06:49,000 JOHN KERRY, AS WE ALL KNOW, 164 00:06:49,001 --> 00:06:52,000 BECAME THE DEMOCRATIC FOR PRESIDENT OF THE UNITED 165 00:06:52,001 --> 00:06:54,000 STATES, CAME VERY CLOSE TO BEING 166 00:06:54,001 --> 00:06:56,000 ELECTED PRESIDENT. 167 00:06:56,001 --> 00:07:01,000 BUT HE PUT THAT ASIDE AND WENT 168 00:07:01,001 --> 00:07:03,000 ON TO BECOME THE FINE SENATOR THAT HE IS. 169 00:07:03,001 --> 00:07:04,000 HE'S FILLING THAT ROLE NOW AS 170 00:07:04,001 --> 00:07:05,000 CHAIRMAN OF THE FOREIGN 171 00:07:05,001 --> 00:07:09,000 RELATIONS COMMITTEE. 172 00:07:09,001 --> 00:07:11,000 HE HAS WORKED SO HARD ON DOING 173 00:07:11,001 --> 00:07:15,000 SOMETHING ON A BIPARTISAN BASIS 174 00:07:15,001 --> 00:07:18,000 TO MOVE FORWARD ON THIS MOST 175 00:07:18,001 --> 00:07:19,000 IMPORTANT LEGISLATION. 176 00:07:19,001 --> 00:07:22,000 AND 177 00:07:22,001 --> 00:07:25,000 OUT TO REPUBLICANS -- I SAY 178 00:07:25,001 --> 00:07:26,000 IN THE PLURAL, BUT WE'VE HAD ONE 179 00:07:26,001 --> 00:07:28,000 BRAVE REPUBLICAN STEP FORWARD TO 180 00:07:28,001 --> 00:07:31,000 WORK WITH HIM: LINDSEY GRAHAM. 181 00:07:31,001 --> 00:07:33,000 I FIRST SAW LINDSEY GRAHAM IN 182 00:07:33,001 --> 00:07:35,000 ACTION WHEN WE HAD THE 183 00:07:35,001 --> 00:07:38,000 IMPEACHMENT TRIAL OF PRESIDENT CLINTON. 184 00:07:38,001 --> 00:07:39,000 HE WAS ONE OF THE IMPEACHMENT 185 00:07:39,001 --> 00:07:40,000 OFFICERS FROM THE HOUSE, AND HE 186 00:07:40,001 --> 00:07:42,000 WAS VERY GOOD. 187 00:07:42,001 --> 00:07:43,000 I LEARNED AT THAT TIME WHAT AN 188 00:07:43,001 --> 00:07:44,000 OUTSTANDING TRIAL LAWYER HE HAD 189 00:07:44,001 --> 00:07:45,000 BEEN IN SOUTH CAROLINA. 190 00:07:45,001 --> 00:07:47,000 I RECOGNIZED THAT FROM THE 191 00:07:47,001 --> 00:07:50,000 PRESENTATION HE MADE HERE RIGHT 192 00:07:50,001 --> 00:07:53,000 IN THE WELL OF THIS SENATE. 193 00:07:53,001 --> 00:07:56,000 MR. PRESIDENT, AS WE LEARNED 194 00:07:56,001 --> 00:07:58,000 WITH THE WORK WE JUST COMPLETED 195 00:07:58,001 --> 00:08:01,000 DEALING WITH UNEMPLOYMENT 196 00:08:01,001 --> 00:08:04,000 INSURANCE, NET OPERATING LOSS, 197 00:08:04,001 --> 00:08:05,000 FIRST-TIME HOME BUYER, 198 00:08:05,001 --> 00:08:07,000 TAKES ONE PERSON TO IN EFFECT 199 00:08:07,001 --> 00:08:08,000 BR 200 00:08:08,001 --> 00:08:09,000 A BETTER DESCRIPTION, TO DEVELOP 201 00:08:09,001 --> 00:08:11,000 BIPARTISANSHIP. 202 00:08:11,001 --> 00:08:15,000 IN THAT INSTANCE IT WAS JOHNNY 203 00:08:15,001 --> 00:08:18,000 ISAKSON FROM GEORGIA. 204 00:08:18,001 --> 00:08:19,000 IN THIS INSTANCE ON THIS MOST 205 00:08:19,001 --> 00:08:21,000 IMPORTANT ISSUE DEALING WITH 206 00:08:21,001 --> 00:08:23,000 CLIMATE CHANGE, IT IS LINDSEY 207 00:08:23,001 --> 00:08:25,000 GRAHAM FROM SOUTH CAROLINA. 208 00:08:25,001 --> 00:08:27,000 HE IS BRAVELY STEPPING FORWARD. 209 00:08:27,001 --> 00:08:30,000 WHAT KERRY AND GRAHAM HAVE DONE 210 00:08:30,001 --> 00:08:32,000 IS REALLY QUITE REMARKABLE. 211 00:08:32,001 --> 00:08:35,000 THEY'VE REACHED OUT TO THE COAL INTERESTS. 212 00:08:35,001 --> 00:08:37,000 WE HAVE A NUMBER OF COAL 213 00:08:37,001 --> 00:08:39,000 SENATORS WHO SAID NO WAY WILL WE 214 00:08:39,001 --> 00:08:41,000 EVER AGREE TO ANYTHING, AND 215 00:08:41,001 --> 00:08:43,000 THEY'RE WORKING TOWAR HAVING 216 00:08:43,001 --> 00:08:44,000 THEM AS PART OF THE AGREEMENT. 217 00:08:44,001 --> 00:08:49,000 NUCLEA POWER, WHICH WHEN THIS 218 00:08:49,001 --> 00:08:50,000 ALL STARTED, I THINK IT'S FAIR 219 00:08:50,001 --> 00:08:52,000 TO SAY PEOPLE ON THIS SIDE OF 220 00:08:52,001 --> 00:08:54,000 THE AISLE WANTED NO PART OF 221 00:08:54,001 --> 00:08:55,000 THAT, OR AT LEAST MOST OF THE 222 00:08:55,001 --> 00:08:57,000 PEOPLE ON THIS SAOEUFPLT NOW 223 00:08:57,001 --> 00:08:59,000 IT'S GOING TO BE PART OF THE MIX 224 00:08:59,001 --> 00:09:00,000 IN THE PRODUCTION OF OIL IN THIS 225 00:09:00,001 --> 00:09:01,000 COUNTRY. 226 00:09:01,001 --> 00:09:04,000 PEOPLE ARE SAYING YOU MEAN 227 00:09:04,001 --> 00:09:06,000 YOU'VE GIVEN UP ON ALL THESE 228 00:09:06,001 --> 00:09:07,000 GREAT THINGS WE BELIEVE? 229 00:09:07,001 --> 00:09:08,000 LEGISLATION IS THE ART OF KPROE 230 00:09:08,001 --> 00:09:09,000 PHAOEUGS. 231 00:09:09,001 --> 00:09:12,000 WE NEED TO HAVE -- COMPROMISE. 232 00:09:12,001 --> 00:09:13,000 WE NEED TO HAVE LEGISLATION THAT 233 00:09:13,001 --> 00:09:15,000 IS BIPARTISAN. 234 00:09:15,001 --> 00:09:16,000 AND I BELIEVE WHAT LINDSEY 235 00:09:16,001 --> 00:09:18,000 GRAHAM AND JOHN KERRY HAVE DONE 236 00:09:18,001 --> 00:09:19,000 WILL ALLOW TO US MOVE FORWARD ON 237 00:09:19,001 --> 00:09:22,000 THIS LEGISLATION. 238 00:09:22,001 --> 00:09:23,000 IT IS IMPORTANT WE DO THINGS ON 239 00:09:23,001 --> 00:09:26,000 A BIPARTISAN BASIS. 240 00:09:26,001 --> 00:09:27,000 I COMPLIMENT, I APPLAUD AND 241 00:09:27,001 --> 00:09:29,000 RECOGNIZE THE GOOD WORK THESE 242 00:09:29,001 --> 00:09:31,000 TWO MEN ARE DOING AND SETTING AN 243 00:09:31,001 --> 00:09:33,000 EXAMPLE FOR THE REST OF US IN 244 00:09:33,001 --> 00:09:34,000 MOVING FORWARD WITH THIS 245 00:09:34,001 --> 00:09:35,000 LEGISLATION THAT WILL BE 246 00:09:35,001 --> 00:09:46,000 DRAMATIC 247 00:09:46,001 --> 00:09:47,000 COUNTRY, BUT FOR THE WORLD. 248 00:09:47,001 --> 00:09:48,000 MR. McCONNELL: MR. PRESIDENT? 249 00:09:48,001 --> 00:09:49,000 THE PRESIDING OFFICER: THE 250 00:09:49,001 --> 00:09:50,000 REPUBLICAN LEADER. 251 00:09:50,001 --> 00:09:52,000 MR. McCONNELL: MR. PRESIDENT, 252 00:09:52,001 --> 00:09:56,000 THE LAST TWO YEARS HAVEN'T BEEN 253 00:09:56,001 --> 00:09:58,000 EASY ONES FOR THE AMERICAN PEOPLE. 254 00:09:58,001 --> 00:10:00,000 MILLIONS HAVE LOST JOBS AND HOMES. 255 00:10:00,001 --> 00:10:03,000 AND MANY HAVE HAD THE BITTER 256 00:10:03,001 --> 00:10:04,000 EXPERIENCE OF WATCHING YEARS OF 257 00:10:04,001 --> 00:10:06,000 SAVINGS DISAPPEAR. 258 00:10:06,001 --> 00:10:08,000 UNEMPLOYMENT STANDS AT A 25-YEAR 259 00:10:08,001 --> 00:10:10,000 HIGH, AND IN MANY STATES IT'S 260 00:10:10,001 --> 00:10:13,000 WORSE THAN THAT. 261 00:10:13,001 --> 00:10:15,000 JUST TO TAKE ONE EXAMPLE, IN 262 00:10:15,001 --> 00:10:19,000 KENTUCKY, UNEMPLOYMENT ROSE IN 263 00:10:19,001 --> 00:10:21,000 ALL 120 COUNTIES FROM JUNE 2008 264 00:10:21,001 --> 00:10:24,000 TO JUNE 2009. 265 00:10:24,001 --> 00:10:26,000 A LOT OF AMERICANS ARE HURTING, MR. PRESIDENT. 266 00:10:26,001 --> 00:10:27,000 A LOT OF THEM HAVE BEEN 267 00:10:27,001 --> 00:10:29,000 STRUGGLING FOR A LONG TIME. 268 00:10:29,001 --> 00:10:31,000 AND DESPITE THE OCCASIONAL PIECE 269 00:10:31,001 --> 00:10:32,000 OF GOOD 270 00:10:32,001 --> 00:10:35,000 DOESN'T S 271 00:10:35,001 --> 00:10:38,000 WHOLE LOT BETTER FOR MOST PEOPLE. 272 00:10:38,001 --> 00:10:40,000 THIS IS THE SITUATION NOW AND 273 00:10:40,001 --> 00:10:42,000 THIS WAS THE SITUATION WHEN THE 274 00:10:42,001 --> 00:10:44,000 WHITE HOUSE ANNOUNCED ITS PLAN 275 00:10:44,001 --> 00:10:46,000 TO UNDERTAKE HEALTH CARE REFORM. 276 00:10:46,001 --> 00:10:47,000 THROUGHOUT THIS DEBATE, THE NEED 277 00:10:47,001 --> 00:10:49,000 TO DO SOMETHING ABOUT THE 278 00:10:49,001 --> 00:10:51,000 ECONOMY HAS NEVER BEEN FAR FROM 279 00:10:51,001 --> 00:10:53,000 OUR MINDS. 280 00:10:53,001 --> 00:10:56,000 INDEED, FROM THE VERY OUTSET OF 281 00:10:56,001 --> 00:10:58,000 HAS RESTED ITS CASE FOR REFORM 282 00:10:58,001 --> 00:11:01,000 ON THE NEED TO DO SOMETHING 283 00:11:01,001 --> 00:11:03,000 ABOUT THE ECONOMY. 284 00:11:03,001 --> 00:11:07,000 THE ECONOMY WAS IN BAD SHAPE, 285 00:11:07,001 --> 00:11:09,000 THE ARGUMENT WENT, 286 00:11:09,001 --> 00:11:11,000 HEALTH CARE WOULD MAKE IT BETTER. 287 00:11:11,001 --> 00:11:14,000 ALL OF US AGREE THAT HEALTH CARE 288 00:11:14,001 --> 00:11:15,000 COSTS ARE UNSUSTAINABLY HIGH, 289 00:11:15,001 --> 00:11:17,000 AND ALLEVIATING T 290 00:11:17,001 --> 00:11:18,000 THOSE COSTS ON AMERICAN FAMILIES 291 00:11:18,001 --> 00:11:20,000 AND BUSINESSES IS SOMETHING WE 292 00:11:20,001 --> 00:11:23,000 SHOULD WORK TOGETHER TO DO. 293 00:11:23,001 --> 00:11:25,000 BUT SOMEWHERE ALONG THE WAY THE 294 00:11:25,001 --> 00:11:27,000 ADMINISTRATION SIMPLY GOT OFF TRACK. 295 00:11:27,001 --> 00:11:29,000 THE ORIGINAL PURPOSE OF REFORM 296 00:11:29,001 --> 00:11:32,000 WAS OBSCURED. 297 00:11:32,001 --> 00:11:34,000 AND NOW WE'RE HEARING FROM ONE 298 00:11:34,001 --> 00:11:35,000 INDEPENDENT ANALYST 299 00:11:35,001 --> 00:11:39,000 ANOTHER THAT THE BILL WHICH WAS 300 00:11:39,001 --> 00:11:44,000 BURDENS WILL ACTUALLY MAKE THESE 301 00:11:44,001 --> 00:11:45,000 BURDENS WORSE. 302 00:11:45,001 --> 00:11:47,000 AND THE MOST SIGNIFICANT FINDING 303 00:11:47,001 --> 00:11:50,000 IS THIS: A REFORM THAT WAS 304 00:11:50,001 --> 00:11:52,000 MEANT TO 305 00:11:52,001 --> 00:11:53,000 ACTUALLY DRIVE THEM UP. 306 00:11:53,001 --> 00:11:56,000 AMERICANS ARE SCRATCHING THEIR 307 00:11:56,001 --> 00:11:57,000 HEADS ABOUT ALL OF THIS, AND 308 00:11:57,001 --> 00:11:58,000 RIGHTLY SO. 309 00:11:58,001 --> 00:12:00,000 BUSINESS OWNERS CAN'T BELIEVE A 310 00:12:00,001 --> 00:12:02,000 REFORM THAT WAS MEANT TO HELP 311 00:12:02,001 --> 00:12:06,000 THEM SURVIVE WILL END UP COSTING 312 00:12:06,001 --> 00:12:07,000 THEM MORE IN HIGHER TAXES. 313 00:12:07,001 --> 00:12:09,000 SENIORS CAN'T BELIEVE A BILL 314 00:12:09,001 --> 00:12:12,000 THAT WAS MEANT TO IMPROVE THEIR 315 00:12:12,001 --> 00:12:13,000 CARE WILL LEAD TO NEARLY $250 316 00:12:13,001 --> 00:12:14,000 BILLION IN CUTS IN MEDICARE. 317 00:12:14,001 --> 00:12:17,000 AND FAMILIES CAN'T 318 00:12:17,001 --> 00:12:18,000 THEY'RE GOING TO HAVE TO PAY 319 00:12:18,001 --> 00:12:20,000 HIGHER HEALTH CARE PREMIUMS AND 320 00:12:20,001 --> 00:12:22,000 TAXES AT A TIME WHEN SO MANY OF 321 00:12:22,001 --> 00:12:24,000 THEM ARE ALREADY STRUGGLING TO 322 00:12:24,001 --> 00:12:30,000 MAKE ENDS MEET. 323 00:12:30,001 --> 00:12:31,000 HIER 324 00:12:31,001 --> 00:12:32,000 CUTS TO MEDICARE. 325 00:12:32,001 --> 00:12:35,000 THESE ARE THREE OF THE MAJOR 326 00:12:35,001 --> 00:12:36,000 BLOWS THIS ADMINISTRATION WOULD 327 00:12:36,001 --> 00:12:38,000 DEAL T 328 00:12:38,001 --> 00:12:41,000 AND ANY ONE OF THEM ULD BE BAD 329 00:12:41,001 --> 00:12:42,000 ENOUGH ON ITS OWN, BUT LET'S 330 00:12:42,001 --> 00:12:44,000 JUST LOOK AT ONE OF THE 331 00:12:44,001 --> 00:12:45,000 UNEXPECTED CONSEQUENCE OF THE 332 00:12:45,001 --> 00:12:46,000 DEMOCRATIC HEALTH CARE PLAN FOR 333 00:12:46,001 --> 00:12:49,000 A MOMENT. 334 00:12:49,001 --> 00:12:53,000 LET'S LOOK AT THE TAX HIKES. 335 00:12:53,001 --> 00:12:55,000 THE SENATE BILL WE'VE SEEN 336 00:12:55,001 --> 00:12:58,000 TARGETS INDIVIDUALS AND 337 00:12:58,001 --> 00:13:00,000 BUNESSES WITH A RAFT 338 00:13:00,001 --> 00:13:03,000 TAXES, FEES AND PENALTIES. 339 00:13:03,001 --> 00:13:04,000 IT IMPOSES A 40% TAX ON 340 00:13:04,001 --> 00:13:05,000 HIGH-VALUE INSURANCE PLANS FOR 341 00:13:05,001 --> 00:13:08,000 INDIVIDUALS AND FAMILIES. 342 00:13:08,001 --> 00:13:10,000 IT IMPOSES BILLIONS IN FEES ON 343 00:13:10,001 --> 00:13:12,000 HEALTH PLANS THAT WILL 344 00:13:12,001 --> 00:13:15,000 INEVITABLY BE PASSED ALONG TO CONSUMERS. 345 00:13:15,001 --> 00:13:18,000 IT IMPOSES FEES ON THE COSTS OF 346 00:13:18,001 --> 00:13:20,000 MEDICAL DEVICES AND LIFESAVING 347 00:13:20,001 --> 00:13:21,000 DRUGS, FEES THAT WOULD BE PAID 348 00:13:21,001 --> 00:13:24,000 BY CONSUMERS. 349 00:13:24,001 --> 00:13:27,000 MILLIONS 350 00:13:27,001 --> 00:13:28,000 CHRONIC CONDITIONS AND FACING 351 00:13:28,001 --> 00:13:31,000 EXTRAORDINARY MEDICAL EXPENSES 352 00:13:31,001 --> 00:13:32,000 WILL BE FACED WITH EVEN HIGHER 353 00:13:32,001 --> 00:13:34,000 OUT-OF-POCKET COSTS BECAUSE THE 354 00:13:34,001 --> 00:13:36,000 BILL MAKES 355 00:13:36,001 --> 00:13:40,000 DEDUCT THESE EXPENSES. 356 00:13:40,001 --> 00:13:43,000 AND SMALL BUSINESSES WILL AS FEW 357 00:13:43,001 --> 00:13:45,000 AS 50 EMPLOYEES -- AS FEW AS 50 EMPLOYEES -- WOULD BE REQUIRED 358 00:13:45,001 --> 00:13:47,000 TO BUY INSURANCE FOR ALL WORKERS 359 00:13:47,001 --> 00:13:49,000 WHETHER THEY COULD AFFORD IT OR 360 00:13:49,001 --> 00:13:52,000 NOT AND PAY A SUBSTANTIAL TAX 361 00:13:52,001 --> 00:13:53,000 FOR EACH OF THEM. 362 00:13:53,001 --> 00:13:56,000 TAKEN TOGETHER, THE HEALTH CARE 363 00:13:56,001 --> 00:13:58,000 PLAN WE'VE SEEN WOULD IMPOSE 364 00:13:58,001 --> 00:14:00,000 ROUGHLY $250 BILLION IN NEW 365 00:14:00,001 --> 00:14:02,000 TAXES, FEES AND PENALTIES AT A 366 00:14:02,001 --> 00:14:03,000 TIME WHEN 367 00:14:03,001 --> 00:14:06,000 STRUGGLING TO DIG THEMSELVES OUT 368 00:14:06,001 --> 00:14:08,000 OF THIS RECESSION. 369 00:14:08,001 --> 00:14:10,000 WHAT'S WORSE, AN INDEPENDENT 370 00:14:10,001 --> 00:14:12,000 ANALYSIS BY THE JOINT COMMITTEE 371 00:14:12,001 --> 00:14:16,000 ON TAXATION SUGGESTS THAT NEARLY 372 00:14:16,001 --> 00:14:18,000 80% OF THE BURDEN -- 80% OF THIS 373 00:14:18,001 --> 00:14:21,000 BURDEN -- WOULD FALL ON 374 00:14:21,001 --> 00:14:22,000 MIDDLE-CLASS AMERICANS. 375 00:14:22,001 --> 00:14:24,000 SO A REFORM THAT WAS MEANT TO 376 00:14:24,001 --> 00:14:27,000 MAKE LIFE EASIER IS NOW EXPECTED 377 00:14:27,001 --> 00:14:29,000 TO MAKE LIFE HARDER. 378 00:14:29,001 --> 00:14:30,000 IF YOU HAVE INSURANCE, YOU GET 379 00:14:30,001 --> 00:14:32,000 TAXED. 380 00:14:32,001 --> 00:14:35,000 IF YOU DON'T HAVE INSURAN 381 00:14:35,001 --> 00:14:37,000 GET TAXED. 382 00:14:37,001 --> 00:14:39,000 IF YOU'RE A STRUGGLING BUSINESS 383 00:14:39,001 --> 00:14:41,000 OWNER WHO CAN'T AFFORD INSURANCE 384 00:14:41,001 --> 00:14:44,000 FOR YOUR EMPLOYEES, YOU GET TAXED. 385 00:14:44,001 --> 00:14:46,000 IF YOU USE MEDICAL DEVICES, YOU 386 00:14:46,001 --> 00:14:47,000 GET TAXED. 387 00:14:47,001 --> 00:14:50,000 THIS IS NOT THE REFORM AMERICANS 388 00:14:50,001 --> 00:14:52,000 WERE ASKING FOR, MR. PRESIDENT. 389 00:14:52,001 --> 00:14:54,000 AND THAT'S PRECISELY WHY MORE 390 00:14:54,001 --> 00:14:57,000 AMERICANS 391 00:14:57,001 --> 00:14:58,000 CARE PLAN THAN SUPPORT IT. 392 00:14:58,001 --> 00:14:59,000 THE ADMINISTRATION DIDN'T LISTEN 393 00:14:59,001 --> 00:15:01,000 TO THE AMERICAN PELE WHEN HE 394 00:15:01,001 --> 00:15:05,000 PUT THIS PLAN TOGET 395 00:15:05,001 --> 00:15:08,000 WHEN IT CAN LISTEN NOW AND THE 396 00:15:08,001 --> 00:15:11,000 MESSAGE IS -- IT'S GOING TO HEAR 397 00:15:11,001 --> 00:15:14,000 IS THIS: PUT AWAY THE PLAN TO 398 00:15:14,001 --> 00:15:15,000 RAISE PREMIUMS, RAISE TAXES AND 399 00:15:15,001 --> 00:15:18,000 CUT MEDICARE. 400 00:15:18,001 --> 00:15:21,000 GET BACK TO THE DRAWING 401 00:15:21,001 --> 00:15:23,000 COME UP WITH A COMMONSENSE STEP 402 00:15:23,001 --> 00:15:24,000 BY STEP SET OF REFORMS. 403 00:15:24,001 --> 00:15:26,000 THAT'S WHAT PEOPLE WANT AND 404 00:15:26,001 --> 00:15:27,000 THAT'S WHAT THEY SHOULD 405 00:15:27,001 --> 00:15:30,000 MR. PRESIDENT, I YIELD THE 406 00:15:30,001 --> 00:15:31,000 FLOOR. 407 00:15:31,001 --> 00:15:33,000 TH 408 00:15:33,001 --> 00:15:34,000 PREVIOUS ORDER THE LEADERSHIP 409 00:15:34,001 --> 00:15:35,000 TIME IS RESERVED. 410 00:15:35,001 --> 00:15:36,000 UNDER THE PREVIOUS ORDER, THERE 411 00:15:36,001 --> 00:15:41,000 WILL NOW BE A PERIOD MORNING 412 00:15:41,001 --> 00:15:42,000 SENATORS PERMITTED TO SPEAK 413 00:15:42,001 --> 00:15:44,000 THEREIN FOR UP TO 10 MINUTES 414 00:15:44,001 --> 00:15:45,000 EACH WITH THE TIME EQUALLY 415 00:15:45,001 --> 00:15:46,000 DIVIDED AND CONTROLLED BETWEEN 416 00:15:46,001 --> 00:15:48,000 THE TWO LEADERS OR THEIR 417 00:15:48,001 --> 00:15:49,000 DESIGNEES WITH THE MAJORITY 418 00:15:49,001 --> 00:15:51,000 CONTROLLING THE FIRST HALF AND 419 00:15:51,001 --> 00:15:53,000 THE REPUBLICANS CONTROLLING THE 420 00:15:53,001 --> 00:15:55,000 FINAL HALF. 421 00:15:55,001 --> 00:15:56,000 THE PRESIDING OFFICER: THE 422 00:15:56,001 --> 00:15:58,000 SENATOR FROM NORTH CAROLINA. 423 00:15:58,001 --> 00:16:00,000 MRS. HAGAN: MR. PRESIDENT, THE 424 00:16:00,001 --> 00:16:02,000 U.S. SPENDS $2.3 TRILLION EACH 425 00:16:02,001 --> 00:16:05,000 YEAR ON HEALTH CARE. 426 00:16:05,001 --> 00:16:06,000 THE MOST PER CAPITA OF ALL 427 00:16:06,001 --> 00:16:08,000 INDUSTRIIZED NATIONS. 428 00:16:08,001 --> 00:16:12,000 YET, WE STILL HAVE HIGHER INFANT 429 00:16:12,001 --> 00:16:13,000 MORTALITY AND LOWER LIFE 430 00:16:13,001 --> 00:16:16,000 EXPECTANCY THAN MANY OF THE 431 00:16:16,001 --> 00:16:19,000 OTHER INDUSTRIALIZED NATIONS. 432 00:16:19,001 --> 00:16:20,000 MOREOVER, MEDICAL ERRORS KILL 433 00:16:20,001 --> 00:16:22,000 100,000 PATIENTS PER YEAR AND 434 00:16:22,001 --> 00:16:26,000 COST THE SYSTEM TENS OF BILLIONS 435 00:16:26,001 --> 00:16:27,000 OF DOLLARS AN $700 -- AN 436 00:16:27,001 --> 00:16:29,000 AND $700 BILLION IS SPENT EACH 437 00:16:29,001 --> 00:16:31,000 YEAR ON TREATMENT THAT DOES NOT 438 00:16:31,001 --> 00:16:32,000 LEAD TO IMPROVED PATIENT HELP. 439 00:16:32,001 --> 00:16:33,000 TODAY MY FRESHMEN SENATE 440 00:16:33,001 --> 00:16:35,000 COLLEAGUES AND I ARE GOING TO 441 00:16:35,001 --> 00:16:36,000 SPEAK ABOUT THE NEED TO REFORM 442 00:16:36,001 --> 00:16:37,000 OUR HEALTH CARE DELIVERY 443 00:16:37,001 --> 00:16:39,000 SYSTEMS. 444 00:16:39,001 --> 00:16:40,000 YOU'LL HEAR FROM ALL OF US ABOUT 445 00:16:40,001 --> 00:16:41,000 INNOVATIVE INITIATIVES THAT ARE 446 00:16:41,001 --> 00:16:43,000 SUCCESSFULLY BRINGING DOWN THE 447 00:16:43,001 --> 00:16:45,000 COST OF HEALTH CARE AT THE SAME 448 00:16:45,001 --> 00:16:46,000 TIME IMPROVING THE QUALITY OF 449 00:16:46,001 --> 00:16:47,000 CARE. 450 00:16:47,001 --> 00:16:49,000 NOW, MR. PRESIDENT, I'D LIK TO 451 00:16:49,001 --> 00:16:52,000 YIELD FIVE MINUTES TO MY 452 00:16:52,001 --> 00:16:54,000 COLLEAGUE FROM COLORADO, SENOR 453 00:16:54,001 --> 00:16:56,000 MARK UDALL, TO DISCUSS 454 00:16:56,001 --> 00:16:57,000 ACCOUNTABLE CARE 455 00:16:57,001 --> 00:16:58,000 MR. UDALL: MR. PRESIDENT? THE PRESIDING OFFICER: THE 456 00:16:58,001 --> 00:16:59,000 SENATOR FROM COLORADO. 457 00:16:59,001 --> 00:17:01,000 MR. UDALL: MR. PRESIDENT, I WANT 458 00:17:01,001 --> 00:17:03,000 TO START BY THANKING MY CLEAR, 459 00:17:03,001 --> 00:17:04,000 SENATOR HAGAN, FROM NORTH 460 00:17:04,001 --> 00:17:06,000 CAROLINA FOR CONVENING THIS 461 00:17:06,001 --> 00:17:07,000 IMPORTANT SESSION THIS MORNING 462 00:17:07,001 --> 00:17:09,000 WHERE WE WILL TALK ABOUT THE 463 00:17:09,001 --> 00:17:10,000 URGENT NEED TO REFORM HEALTH 464 00:17:10,001 --> 00:17:12,000 CARE IN OUR COUNTRY. 465 00:17:12,001 --> 00:17:14,000 THE UNSUSTAINABLE GROWTH IN 466 00:17:14,001 --> 00:17:16,000 HEALTH CARE COSTS AND LACK OF 467 00:17:16,001 --> 00:17:18,000 STABLE, AFORRABLE COVERAGE FOR 468 00:17:18,001 --> 00:17:19,000 MILLIONS 469 00:17:19,001 --> 00:17:21,000 TO JEOPARDIZE NOT ONLY OUR 470 00:17:21,001 --> 00:17:22,000 NAON'S FISCAL WELL-BEING, BUT 471 00:17:22,001 --> 00:17:23,000 ALSO THE PHYSICAL WELL-BEING OF 472 00:17:23,001 --> 00:17:25,000 OUR FAMILIES AN NEIGHBORS. 473 00:17:25,001 --> 00:17:27,000 MR. PRESIDENT, ONE OF 474 00:17:27,001 --> 00:17:29,000 WAYS WE CAN HELP PUT OUR HEALTH 475 00:17:29,001 --> 00:17:31,000 CARE SYSTEM AND OUR ECONOMY ON 476 00:17:31,001 --> 00:17:32,000 THE RIGHT TRACK IS BY 477 00:17:32,001 --> 00:17:33,000 ENCOURAGING VALUE IN THE 478 00:17:33,001 --> 00:17:35,000 DELIVERY OF HEALTH CARE. 479 00:17:35,001 --> 00:17:36,000 I CITED THESE NUMBERS BEFORE. 480 00:17:36,001 --> 00:17:38,000 I KNOW MANY OF US HAVE. 481 00:17:38,001 --> 00:17:40,000 BUT I WANT TO EMPHASIZE THEM AGAIN. 482 00:17:40,001 --> 00:17:41,000 AS A NATION WE SPEND 483 00:17:41,001 --> 00:17:42,000 OVER $2 TRILLION PER YEAR ON 484 00:17:42,001 --> 00:17:45,000 HEALTH CARE. 485 00:17:45,001 --> 00:17:46,000 THAT'S 486 00:17:46,001 --> 00:17:48,000 ECONOMY. 487 00:17:48,001 --> 00:17:49,000 YET, BETWEEN 30% AND 50% OF 488 00:17:49,001 --> 00:17:51,000 THESE DOLLARS ARE NOT 489 00:17:51,001 --> 00:17:54,000 CONTRIBUTING TO BETTER PATIENT HEALTH. 490 00:17:54,001 --> 00:17:56,000 THAT'S NOT A GOOD DEAL FOR THE 491 00:17:56,001 --> 00:17:57,000 AMERICAN PEOPLE, MR. PRESIDENT. 492 00:17:57,001 --> 00:17:58,000 HEALTH REFORM IS DESIGNED TO 493 00:17:58,001 --> 00:18:00,000 ADDRESS THIS STAGGERING AMOUNT 494 00:18:00,001 --> 00:18:02,000 OF WASTE IN A NUMBER OF WAYS. 495 00:18:02,001 --> 00:18:03,000 ONE WAY IS TO ENCOURAGE 496 00:18:03,001 --> 00:18:05,000 PROVIDERS TO FOCUS ON THE 497 00:18:05,001 --> 00:18:07,000 QUALITY OF CARE THEY PROVIDE AND 498 00:18:07,001 --> 00:18:09,000 NOT JUST ON VOLUME. 499 00:18:09,001 --> 00:18:11,000 AND WE CAN START WITH MEDICARE, MR. PRESIDENT. 500 00:18:11,001 --> 00:18:13,000 I THINK THE AMERICAN PEOPLE 501 00:18:13,001 --> 00:18:15,000 WOULD AGREE THAT TAXPAYER 502 00:18:15,001 --> 00:18:17,000 DOLLARS ARE BETTER SPENT BY 503 00:18:17,001 --> 00:18:19,000 REWARDING DOCTORS FOR KEEPING 504 00:18:19,001 --> 00:18:21,000 PATIENTS HEALTHY AND NOT FOR 505 00:18:21,001 --> 00:18:23,000 PERFORMING MORE TESTS OR MORE 506 00:18:23,001 --> 00:18:24,000 PROCEDURES. 507 00:18:24,001 --> 00:18:26,000 HEALTH REFORM LEGISLATION CAN 508 00:18:26,001 --> 00:18:27,000 MOVE US IN THIS DIRECTION 509 00:18:27,001 --> 00:18:29,000 THROUGH THE DEVELOPMENT OF WHAT 510 00:18:29,001 --> 00:18:33,000 ARE KNOWN AS ACCOUNTABLE CARE 511 00:18:33,001 --> 00:18:34,000 ORGANIZATIONS OR, A.C.O.'S. 512 00:18:34,001 --> 00:18:36,000 THESE ORGANIZATIONS WOULD 513 00:18:36,001 --> 00:18:37,000 ENCOURAGE GROUPS OF HEALTH CARE 514 00:18:37,001 --> 00:18:41,000 PROFESSIONALS TO TEAM UP AND 515 00:18:41,001 --> 00:18:43,000 STREAMLINE CARE TO MEDICARE PATIENTS. 516 00:18:43,001 --> 00:18:45,000 THE IDEA IS TO HAVE THESE 517 00:18:45,001 --> 00:18:46,000 A.C.O.'S TAKE RESPONSIBILITY FOR 518 00:18:46,001 --> 00:18:48,000 IMPROVING PATIENT CARE WHILE 519 00:18:48,001 --> 00:18:50,000 LOWERING COSTS AND THEN SHARING 520 00:18:50,001 --> 00:18:51,000 THE SAVINGS THAT ACCRUE. 521 00:18:51,001 --> 00:18:53,000 NOW, RESEARCH INDICATES THAT 522 00:18:53,001 --> 00:18:55,000 THIS IDEA OF SHARED SAVINGS 523 00:18:55,001 --> 00:18:56,000 WOULD HELP ELIMINATE WASTE AN 524 00:18:56,001 --> 00:18:59,000 SPUR CHANGES IN OUR HEALTH CARE 525 00:18:59,001 --> 00:19:01,000 DELIVERY SYSTEM TO EMPHASIZE 526 00:19:01,001 --> 00:19:04,000 PATIENT OUTCOMES AND VALUE. 527 00:19:04,001 --> 00:19:06,000 NOW, THE IDEA FOR A.C.O.'S NO 528 00:19:06,001 --> 00:19:08,000 DOUBT CAME FROM THE GREAT WORK 529 00:19:08,001 --> 00:19:09,000 BEING DONE BY A PATCHWORK OF 530 00:19:09,001 --> 00:19:11,000 PHYSICIAN GROUPS. 531 00:19:11,001 --> 00:19:14,000 GROUPS LIKE THE PHYSICIAN HEALTH 532 00:19:14,001 --> 00:19:16,000 PARTNERS OR P.H.P. IN 533 00:19:16,001 --> 00:19:18,000 STATE OF COLORADO AND ALL ACROSS 534 00:19:18,001 --> 00:19:19,000 THE COUNTRY ARE 535 00:19:19,001 --> 00:19:22,000 COORDINATION OND QUALITY. 536 00:19:22,001 --> 00:19:24,000 FOR EXAM -- AND QUALITY. 537 00:19:24,001 --> 00:19:27,000 P.H.P. HAS HELPED KIDS SUFFERING 538 00:19:27,001 --> 00:19:29,000 FROM RAZZ MARKS THE NUMBER ONE 539 00:19:29,001 --> 00:19:31,000 CAUSE OF CHILD HOSPITALIZATION 540 00:19:31,001 --> 00:19:34,000 AND SCHOOL ABSENCE MUCH THEY 541 00:19:34,001 --> 00:19:35,000 HAVE TREATMENT GUIDELINES AND 542 00:19:35,001 --> 00:19:39,000 PROMOTED TREATMENT ASPECTS FROM 543 00:19:39,001 --> 00:19:41,000 DOCTORS FROM THE COLORADO ASTHMA CENTERS. 544 00:19:41,001 --> 00:19:44,000 THEY REDUCED EMERGENCY ROOM 545 00:19:44,001 --> 00:19:45,000 VISITS AN IMPROVED FAMILY'S 546 00:19:45,001 --> 00:19:47,000 ABILITY TO MANAGE ASTHMA ON 547 00:19:47,001 --> 00:19:49,000 THEIR OWN. 548 00:19:49,001 --> 00:19:51,000 P.H.P. ALSO HAS THE PRACTICE HEALTH PROJECT. 549 00:19:51,001 --> 00:19:53,000 THIS COMPREHENSIVE EORT BRINGS 550 00:19:53,001 --> 00:19:55,000 DOCTORS TOGETHER TO SHARE BEST 551 00:19:55,001 --> 00:19:57,000 PRACTICES AND ENCOURAGE THE 552 00:19:57,001 --> 00:19:59,000 ADOPTION OF COMMONSENSE 553 00:19:59,001 --> 00:20:00,000 GUIDELINES TO IMPROVE QUALITY 554 00:20:00,001 --> 00:20:02,000 AND EFFICIENT SIVMENT THE GOAL 555 00:20:02,001 --> 00:20:04,000 OF THIS TEAM EFFORT IS TO RAISE 556 00:20:04,001 --> 00:20:05,000 THE STANDARD AND VALUE OF CARE 557 00:20:05,001 --> 00:20:08,000 AND ALLOW THESE PHYSICIAN GROUPS 558 00:20:08,001 --> 00:20:09,000 TO ACT AS MODEL FOR DENVER'S 559 00:20:09,001 --> 00:20:12,000 PHYSICIAN COMMUNITY AS A WHOLE. 560 00:20:12,001 --> 00:20:13,000 I'D ALSO LIKE TO IT OUT THE 561 00:20:13,001 --> 00:20:16,000 P.H.P.'S TRANSITION OF CARE PROGRAM. 562 00:20:16,001 --> 00:20:18,000 IN COLLABORATION WITH DENVER 563 00:20:18,001 --> 00:20:19,000 ST. ANTHONY HOSPITAL AND OTHER 564 00:20:19,001 --> 00:20:21,000 LOCAL CARE PROVIDERS, THE 565 00:20:21,001 --> 00:20:22,000 PROGRAM DISPATCHES NURSE COACHES 566 00:20:22,001 --> 00:20:24,000 TO HELP MEDICARE PATIENTS MAKE 567 00:20:24,001 --> 00:20:26,000 THE TRANSITION FROM THE HOSPITAL 568 00:20:26,001 --> 00:20:27,000 TO THEIR HOMES. 569 00:20:27,001 --> 00:20:30,000 THE PERIOD IMMEDIATELY FOLLOWING 570 00:20:30,001 --> 00:20:33,000 A HOSPITAL STAY IS A VERY CONFUSING TIME PARTICULARLY FOR 571 00:20:33,001 --> 00:20:35,000 OUR SENIORS. 572 00:20:35,001 --> 00:20:36,000 HAVING SOMEONE HELP WITH THIS 573 00:20:36,001 --> 00:20:40,000 TRANSITION IS CRUCIAL. 574 00:20:40,001 --> 00:20:42,000 P.H.P. HAS HAD TREMENDOUS 575 00:20:42,001 --> 00:20:44,000 SUCCESS WITH THIS PROGRAM 576 00:20:44,001 --> 00:20:46,000 SHOWING THE TENDENCY TO REDUCE 577 00:20:46,001 --> 00:20:47,000 HOSPITAL READMISSIONS BY 20% TO 578 00:20:47,001 --> 00:20:49,000 50%. 579 00:20:49,001 --> 00:20:51,000 AT THE SAME T 580 00:20:51,001 --> 00:20:55,000 HELPS KEEP PATIENTS HEALTHY AND SAVES MONEY. 581 00:20:55,001 --> 00:20:56,000 THE SUCCESSES OF GROUPS LIKE 582 00:20:56,001 --> 00:20:58,000 PHYSICIAN'S HEALTH PARTNER SHOWS 583 00:20:58,001 --> 00:20:59,000 THAT WE HAVE THE WILL AND NO HOW 584 00:20:59,001 --> 00:21:01,000 TO CHANGE THE SYSTEM FOR THE BETTER. 585 00:21:01,001 --> 00:21:02,000 BUT, MR. PRESIDENT, UNOUR 586 00:21:02,001 --> 00:21:03,000 EXISTING SYSTEM, THERE'S NO 587 00:21:03,001 --> 00:21:05,000 INCENTIVE FOR PROGRAMS LIKE 588 00:21:05,001 --> 00:21:07,000 P.H.P. TO EVEN EXIST. 589 00:21:07,001 --> 00:21:10,000 UNDER THE STATUS QUO A HOSPITAL 590 00:21:10,001 --> 00:21:11,000 STANDS TO LOSE MONEY IF IT 591 00:21:11,001 --> 00:21:13,000 DECREASES ITS ADMISSION RATES. 592 00:21:13,001 --> 00:21:15,000 PRIMARY CARE DOCTORS WOULD BE AT 593 00:21:15,001 --> 00:21:18,000 A 594 00:21:18,001 --> 00:21:20,000 SPENT TIME TO DEVELOP 595 00:21:20,001 --> 00:21:21,000 IMPLEMENT TREATMENT PLANS FOR 596 00:21:21,001 --> 00:21:23,000 THEIR ASTHMATIC PATIENTS. 597 00:21:23,001 --> 00:21:24,000 THIS IS WHY HEALTH REFORM 598 00:21:24,001 --> 00:21:26,000 INCLUDES COMMONSENSE PROPOSALS 599 00:21:26,001 --> 00:21:28,000 SUCH AS ENCOURAGING GROUPS LIKE 600 00:21:28,001 --> 00:21:30,000 PHYSICIANS HEALTH PARTNERS TO 601 00:21:30,001 --> 00:21:31,000 FORM ACCOUNTABLE CARE 602 00:21:31,001 --> 00:21:33,000 ORGANIZATIONS AND PAYING THEM TO 603 00:21:33,001 --> 00:21:34,000 COORDINATE CARE FOR MEDICARE 604 00:21:34,001 --> 00:21:37,000 PATIENTS. 605 00:21:37,001 --> 00:21:39,000 PROMOTING A.C.O.'S AND OTHER 606 00:21:39,001 --> 00:21:40,000 CREATIVE PRO CONSUMER IDEAS WILL 607 00:21:40,001 --> 00:21:42,000 INCREASE QUALITY FOR PATIENTS 608 00:21:42,001 --> 00:21:46,000 AND VALUE FOR THE TAXPAYER. 609 00:21:46,001 --> 00:21:48,000 ONLY BY RESHAPING THE WAY WE DO BUSINESS IN OUR HEALTH CARE 610 00:21:48,001 --> 00:21:49,000 SYSTEM CAN WE TRULY CHANGE 611 00:21:49,001 --> 00:21:50,000 HEALTH CARE DELIVERY IN OUR 612 00:21:50,001 --> 00:21:51,000 COUNTRY. 613 00:21:51,001 --> 00:21:53,000 MR. PRESIDENT, I LOOK FORWARD TO 614 00:21:53,001 --> 00:21:54,000 WORKING WITH MY COLLEAGUES HERE 615 00:21:54,001 --> 00:21:57,000 TODAY AND OTHER SENATORS IN 616 00:21:57,001 --> 00:21:59,000 COMING WEEKS TO PROMOTE THE MANY 617 00:21:59,001 --> 00:22:00,000 WAYS WE CAN ACCOMPLISH THAT GOAL. 618 00:22:00,001 --> 00:22:02,000 I THANK S 619 00:22:02,001 --> 00:22:04,000 I YIELD THE FLOOR. 620 00:22:04,001 --> 00:22:05,000 MRS. HAGAN: THANK YOU, SENATOR 621 00:22:05,001 --> 00:22:06,000 UDALL. 622 00:22:06,001 --> 00:22:07,000 ACCOUNTABLE CARE ORGANIZATIONS 623 00:22:07,001 --> 00:22:08,000 ARE EXTREMELY IMPORTANT IN 624 00:22:08,001 --> 00:22:09,000 HEALTH CARE REFORM. 625 00:22:09,001 --> 00:22:11,000 NOW, MR. PRESIDENT, I'D LIKE TO 626 00:22:11,001 --> 00:22:12,000 YIELD FIVE MINUTES TO MY 627 00:22:12,001 --> 00:22:15,000 COLLEAGUE FROM DELAWARE, SENATOR 628 00:22:15,001 --> 00:22:16,000 TED KAUFMAN, TO DISCUSS 629 00:22:16,001 --> 00:22:17,000 DELAWARE'S HEALTH INFORMATION 630 00:22:17,001 --> 00:22:18,000 NETWORK. THE PRESIDING OFFICER: THE 631 00:22:18,001 --> 00:22:20,000 SENATOR FROM DELAWARE. 632 00:22:20,001 --> 00:22:22,000 MR. KAUFMAN: I WANT TO THANK 633 00:22:22,001 --> 00:22:24,000 SENATOR HAGAN NOT JUST FOR 634 00:22:24,001 --> 00:22:25,000 PUTTING THIS ON WIT HER 635 00:22:25,001 --> 00:22:26,000 LEADERSHIP ON HEALTH CARE REFORM 636 00:22:26,001 --> 00:22:28,000 AND I LOOK FORWARD TO WORKING 637 00:22:28,001 --> 00:22:30,000 WITH HER ON HEALTH CARE REFORM 638 00:22:30,001 --> 00:22:32,000 BECAUSE OF HER GREAT LEADERSHIP. 639 00:22:32,001 --> 00:22:35,000 I APPRECIATE THE OPPORTUNITY TO 640 00:22:35,001 --> 00:22:36,000 JOIN MY COLLEAGUES ON THE FLOOR 641 00:22:36,001 --> 00:22:38,000 TO HIGHLIGHT HEALTH CARE 642 00:22:38,001 --> 00:22:40,000 INNOVATIONS IN OUR HOME STATES 643 00:22:40,001 --> 00:22:42,000 THAT CAN SERVE AS MODELS AS NATIONAL REFORM. 644 00:22:42,001 --> 00:22:45,000 DELAWARE IS A NATIONAL LEADER IN 645 00:22:45,001 --> 00:22:47,000 HEALTH CARE TELLING. 646 00:22:47,001 --> 00:22:49,000 I WANT TO TAKE A 647 00:22:49,001 --> 00:22:52,000 I WANT TO TAKE A COUPLE OF 648 00:22:52,001 --> 00:22:55,000 MINUTES TO TALK ABOUT A TRULY INNOVATIVE APPROACH TO HEALTH 649 00:22:55,001 --> 00:22:56,000 CARE IN MY STATE, IT IS CALLED 650 00:22:56,001 --> 00:22:57,000 DELAWARE HEALTH INFORMATION 651 00:22:57,001 --> 00:22:59,000 NETWORK. 652 00:22:59,001 --> 00:23:03,000 THE DELAWARE HEALTH INFORMATION 653 00:23:03,001 --> 00:23:06,000 NETWORK, WHICH 654 00:23:06,001 --> 00:23:08,000 LIVE IN 2007 BECOMING THE FIRST 655 00:23:08,001 --> 00:23:09,000 OPERATIONAL STATEWIDE HEALTH 656 00:23:09,001 --> 00:23:12,000 IN 657 00:23:12,001 --> 00:23:14,000 A PUBLIC-PRIVATE PARTNERSHIP OF 658 00:23:14,001 --> 00:23:17,000 PHYSICIANS, HOSPITA, LABORATORIES, COMMUNITY 659 00:23:17,001 --> 00:23:18,000 ORGANIZATIONS AND PATIENTS, THE 660 00:23:18,001 --> 00:23:21,000 DIHN PROVIDES THE FAST, SECURE 661 00:23:21,001 --> 00:23:22,000 AN RELIABLE EXCHANGE OF HEALTH 662 00:23:22,001 --> 00:23:23,000 INFORMATION MOON THE STATE'S 663 00:23:23,001 --> 00:23:25,000 MANY MEDICAL PROVIDERS. 664 00:23:25,001 --> 00:23:29,000 AS A RESULT OF ITS EARLY 665 00:23:29,001 --> 00:23:30,000 SUCCESS, THE DIHN WAS ONE OF THE 666 00:23:30,001 --> 00:23:33,000 NINE INITIAL HEALTH EXCHANGES 667 00:23:33,001 --> 00:23:35,000 SELECTED TO PARTICIPATE IN THE 668 00:23:35,001 --> 00:23:38,000 U.S. DEPARTMENT HEALTH AND HUMAN 669 00:23:38,001 --> 00:23:39,000 SERVICES NATIONAL HEALTH NETWORK 670 00:23:39,001 --> 00:23:40,000 TRIAL IMPLEMENTATIONS. 671 00:23:40,001 --> 00:23:43,000 AMONG THOSE NINE IT WAS THE 672 00:23:43,001 --> 00:23:44,000 FIRST STATE TO SUCCESSFULLY 673 00:23:44,001 --> 00:23:45,000 ESTABLISH A CONNECTION WITH THE 674 00:23:45,001 --> 00:23:47,000 TRIAL. 675 00:23:47,001 --> 00:23:50,000 RIGHT NOW MORE THAN 50% OF ALL 676 00:23:50,001 --> 00:23:52,000 PROVIDERS IN THE STATE, NEARLY 677 00:23:52,001 --> 00:23:54,000 1,300 PARTICIPATE IN THE DIHN. 678 00:23:54,001 --> 00:23:57,000 MORE THAN 85% OF ALL LAB TESTS 679 00:23:57,001 --> 00:23:59,000 ARE ENTERED INTO THE NETWORK AND 680 00:23:59,001 --> 00:24:00,000 81% OF ALL HOSPITALIZATIONS ARE 681 00:24:00,001 --> 00:24:03,000 CAPTURED BY THE EXCHANGE. 682 00:24:03,001 --> 00:24:07,000 AS OF JUNE OF THIS YEAR THE DIHN 683 00:24:07,001 --> 00:24:09,000 HELD OVER 64,000 PATIENT -- 684 00:24:09,001 --> 00:24:10,000 648,000 PATIENT RECORDS AND 685 00:24:10,001 --> 00:24:11,000 CONDUCTED 40 MILLION 686 00:24:11,001 --> 00:24:12,000 TRANSACTIONS A YEAR. 687 00:24:12,001 --> 00:24:13,000 PARTICIPATING PROVIDERS HAVE A 688 00:24:13,001 --> 00:24:18,000 CHOICE OF THREE OPTIONS TO 689 00:24:18,001 --> 00:24:20,000 RECEIVE LAB, PATHOLOGY AND 690 00:24:20,001 --> 00:24:22,000 ADMISSION FACE SHEETS. 691 00:24:22,001 --> 00:24:25,000 THEY CAN HAVE THEM SENT DIRECTLY 692 00:24:25,001 --> 00:24:26,000 TO ANN BOX, THEY CAN HAVE THEM 693 00:24:26,001 --> 00:24:28,000 FAXED TO THEIR OFFICE OR 694 00:24:28,001 --> 00:24:30,000 RESULTS FROM AN 695 00:24:30,001 --> 00:24:31,000 MEDICAL RECORD INTERFACE ON THE 696 00:24:31,001 --> 00:24:33,000 WEB. 697 00:24:33,001 --> 00:24:35,000 ALL THREE PROVIDE INFORMATION IN 698 00:24:35,001 --> 00:24:37,000 A TIMELY MANNER THAT PROTECTS 699 00:24:37,001 --> 00:24:39,000 THE PRIVACY OF THE PATIENT. 700 00:24:39,001 --> 00:24:42,000 OUR STATE OF DELAWARE RECEIVES 701 00:24:42,001 --> 00:24:44,000 FOUR VERY TANGIBLE BENEFITS FROM 702 00:24:44,001 --> 00:24:47,000 DIHN LISTED ON THE CHART. 703 00:24:47,001 --> 00:24:48,000 FIRST, THE DIHN PROVIDES A 704 00:24:48,001 --> 00:24:49,000 COMMUNICATION SYSTEM BETWEEN 705 00:24:49,001 --> 00:24:51,000 PROVIDERS AN ORGANIZATIONS, 706 00:24:51,001 --> 00:24:53,000 SOMETHING THAT DID NOT EXIST PREVIOUSLY. 707 00:24:53,001 --> 00:24:56,000 INDIVIDUAL PHYSICIANS OFFICES 708 00:24:56,001 --> 00:25:00,000 CAN NOW EASILY DISCOVER IF 709 00:25:00,001 --> 00:25:03,000 HOSPITALS LIKE CHRISANNA CARE, 710 00:25:03,001 --> 00:25:06,000 BAY HEALTH AND B.B. MEDICAL 711 00:25:06,001 --> 00:25:07,000 CENTER COMMITTED THEIR -- 712 00:25:07,001 --> 00:25:09,000 ADMITTED THEIR PATIENTS. 713 00:25:09,001 --> 00:25:10,000 DOCTORS CAN GET THE LAB RESULTS 714 00:25:10,001 --> 00:25:13,000 IN A TIMELY MANNER. 715 00:25:13,001 --> 00:25:15,000 SECOND, THE INFORMATION EXCHANGE 716 00:25:15,001 --> 00:25:17,000 ELECTRONICALLY THROUGH DIHN 717 00:25:17,001 --> 00:25:19,000 IMPROVES THE QUALITY OF CARE. 718 00:25:19,001 --> 00:25:20,000 WHEN PROVIDERS HAVE ACCESS TO 719 00:25:20,001 --> 00:25:21,000 BETTER, FASTER INFORMATION AT 720 00:25:21,001 --> 00:25:23,000 THE TIME AND PLACE OF CARE, 721 00:25:23,001 --> 00:25:25,000 EITHERRER IN A DOCTOR'S OFFICE 722 00:25:25,001 --> 00:25:26,000 OR EMERGENCY ROOM, THESE 723 00:25:26,001 --> 00:25:28,000 PROVIDERS CAN MAKE BETTER 724 00:25:28,001 --> 00:25:29,000 DECISIONS AND REDUCE THE CHANCE 725 00:25:29,001 --> 00:25:31,000 OFEDICAL ERRORS. 726 00:25:31,001 --> 00:25:33,000 KNOWING THE MEDICATIONS A 727 00:25:33,001 --> 00:25:35,000 PATIENT IS ON OR WHAT 728 00:25:35,001 --> 00:25:37,000 CO-EXISTING CONDITIONS A PATIENT 729 00:25:37,001 --> 00:25:39,000 MAY HAVE CAN GIVE THE PROVIDER 730 00:25:39,001 --> 00:25:41,000 MORE COMPLETE INFORMATION WHEN 731 00:25:41,001 --> 00:25:45,000 DELIVERING CARE REDUCING THE 732 00:25:45,001 --> 00:25:48,000 CHANGE OF AN ADVERSE OUTCOME. 733 00:25:48,001 --> 00:25:49,000 THIRD, THE DIHN CAN HELP REDUCE 734 00:25:49,001 --> 00:25:51,000 THE COST OF CARE WITHIN 735 00:25:51,001 --> 00:25:52,000 HEALTH CARE SYSTEM, WHAT WE'RE 736 00:25:52,001 --> 00:25:54,000 ALL LOOKING FOR OUT OF HEALTH 737 00:25:54,001 --> 00:25:56,000 CARE REFORM, COST REDUCTION. 738 00:25:56,001 --> 00:25:57,000 WITH NEARLY 650,000 PATIENT 739 00:25:57,001 --> 00:25:59,000 RECORDS IN THE SYSTEM, PROVIDERS 740 00:25:59,001 --> 00:26:01,000 CAN KNOW WHAT TESTS AN 741 00:26:01,001 --> 00:26:04,000 PROCEDURES HAVE ALREADY BEEN 742 00:26:04,001 --> 00:26:05,000 ORDERED AND CUTTING OUT 743 00:26:05,001 --> 00:26:08,000 INADVERTENT TEST DUPLICATION. 744 00:26:08,001 --> 00:26:10,000 THE DIHN CAN IMPROVE DISEASE 745 00:26:10,001 --> 00:26:12,000 MANAGEMENT BY ALLOWING MULTIPLE 746 00:26:12,001 --> 00:26:14,000 PROVIDERS TO TREAT A PERSON TO 747 00:26:14,001 --> 00:26:15,000 COMMUNICATE AND BETTER LEARN THE 748 00:26:15,001 --> 00:26:16,000 TREATMENTS AND PRESCRIPTIONS FOR 749 00:26:16,001 --> 00:26:19,000 A PARTICULAR PATIENT. 750 00:26:19,001 --> 00:26:21,000 NUMBER FOUR, THE DIHN CAN 751 00:26:21,001 --> 00:26:22,000 ENHANCE PRIVACY WITHIN THE 752 00:26:22,001 --> 00:26:24,000 MEDICAL HEALTH CARE SYSTEM. 753 00:26:24,001 --> 00:26:25,000 IT IS A SECURE SYSTEM THAT CAN 754 00:26:25,001 --> 00:26:26,000 BE ACCESSED BY PARTICIPATING 755 00:26:26,001 --> 00:26:29,000 PROVIDERS AN ORGANIZATIONS. 756 00:26:29,001 --> 00:26:30,000 IT CONTAINS 757 00:26:30,001 --> 00:26:32,000 REGULATING WHO CAN USE THE 758 00:26:32,001 --> 00:26:33,000 NETWORK AND IT CONTAINS AUDIT 759 00:26:33,001 --> 00:26:35,000 REQUIREMENTS TO ENSURE THAT 760 00:26:35,001 --> 00:26:36,000 THERE ARE NO BREACHES IN PATIENT 761 00:26:36,001 --> 00:26:38,000 PRIVACY. 762 00:26:38,001 --> 00:26:39,000 WHILE THE DIHN IS STILL GROWING, 763 00:26:39,001 --> 00:26:42,000 IT HAS ALREADY HELPED THE 764 00:26:42,001 --> 00:26:43,000 PATIENT CARE DELIVERY SYSTEM IN 765 00:26:43,001 --> 00:26:44,000 DELAWARE. 766 00:26:44,001 --> 00:26:46,000 AS IT MOVES TO INCLUDE ALL 767 00:26:46,001 --> 00:26:49,000 PROVIDERS IN THE STATE AN WORKS 768 00:26:49,001 --> 00:26:51,000 WITH OTHER STATE'S INFORMATION 769 00:26:51,001 --> 00:26:53,000 EXCHANGES, THE DIHN WILL HELP 770 00:26:53,001 --> 00:26:56,000 LEAD OUR COUNTRY TO A 771 00:26:56,001 --> 00:26:58,000 ADOPTION OF HEALTH INFORMATION TECHNOLOGY. 772 00:26:58,001 --> 00:26:59,000 THE STIMULUS ACT 773 00:26:59,001 --> 00:27:01,000 CONTAINED $19 BILLION TO PROMOTE 774 00:27:01,001 --> 00:27:04,000 THE ADOPTION OF HEALTH I.T. 775 00:27:04,001 --> 00:27:05,000 NATIONWIDE AND THE HEALTH REFORM 776 00:27:05,001 --> 00:27:07,000 EFFORT PROMISES TO BUILD ON THIS 777 00:27:07,001 --> 00:27:09,000 MOMENTUM WITH EVEN MORE RESOURCES. 778 00:27:09,001 --> 00:27:10,000 I THINK IT IS ESSENTIAL THAT 779 00:27:10,001 --> 00:27:12,000 HEALTH REFORM BOOST THE 780 00:27:12,001 --> 00:27:14,000 INTEGRATION OF INFORMATION 781 00:27:14,001 --> 00:27:15,000 TECHNOLOGY LIKE THAT PROVIDED BY 782 00:27:15,001 --> 00:27:16,000 THE DIHN THROUGHOUT THE HEALTH 783 00:27:16,001 --> 00:27:18,000 CARE SYSTEM. 784 00:27:18,001 --> 00:27:20,000 AS I'VE SAID MANY TIMES, IT IS 785 00:27:20,001 --> 00:27:22,000 TIME TO GATHER OUR COLLECTIVE?? 786 00:27:22,001 --> 00:27:25,000 WILL AND DOT RIGHT THING -- AND 787 00:27:25,001 --> 00:27:26,000 DO THE RIGHT THING DURING THIS 788 00:27:26,001 --> 00:27:27,000 HISTORIC OPPORTUNITY TO PASS 789 00:27:27,001 --> 00:27:30,000 HEALTH CARE REFORM. 790 00:27:30,001 --> 00:27:33,000 WE MUST INCLUDE INCENTIVES TO 791 00:27:33,001 --> 00:27:34,000 EXPAND THE INFORMATION OF HEALTH 792 00:27:34,001 --> 00:27:36,000 INFORMATION TECHNOLOGY. 793 00:27:36,001 --> 00:27:37,000 WE CAN DO NO LESS, THE AMERICAN 794 00:27:37,001 --> 00:27:38,000 PEOPLE D 795 00:27:38,001 --> 00:27:40,000 THANK YOU VERY MUCH. 796 00:27:40,001 --> 00:27:41,000 MRS. HAGAN: THANK YOU, SENATOR 797 00:27:41,001 --> 00:27:42,000 KAUFMAN. 798 00:27:42,001 --> 00:27:44,000 THE HEALTH INFORMATION NETWORK 799 00:27:44,001 --> 00:27:46,000 IS CRITICAL TO IMPROVING PATIENT 800 00:27:46,001 --> 00:27:47,000 CARE AND REDUCING HEALTH CARE 801 00:27:47,001 --> 00:27:48,000 COSTS. 802 00:27:48,001 --> 00:27:52,000 I WOULD LIKE TO YIELD FIVE 803 00:27:52,001 --> 00:27:56,000 MINUTES TO MY COLLEAGUE FROM 804 00:27:56,001 --> 00:27:57,000 ALASKA, SENATOR MARK BEGICH TO 805 00:27:57,001 --> 00:27:58,000 DISCUSS PATIENT DELIVERED CARE. 806 00:27:58,001 --> 00:28:00,000 THE PRESIDING OFFICER: THE 807 00:28:00,001 --> 00:28:02,000 SENATOR FROM ALASKA ALASKA. 808 00:28:02,001 --> 00:28:04,000 -- ALASKA. 809 00:28:04,001 --> 00:28:06,000 MR. BEGICH: I'M PLEASED TO JOIN 810 00:28:06,001 --> 00:28:08,000 MY FRESHMEN COLLEAGUES TO STATE 811 00:28:08,001 --> 00:28:09,000 OUR CASE FOR HEALTH INSURANCE 812 00:28:09,001 --> 00:28:12,000 REFORM IN THIS COUNTRY. 813 00:28:12,001 --> 00:28:14,000 IT IS LONGOVER DUE AND VERY MUCH NEEDED. 814 00:28:14,001 --> 00:28:15,000 I ALSO WANT TO MAKE A POINT. 815 00:28:15,001 --> 00:28:17,000 I LISTENED CLOSELY TO MY 816 00:28:17,001 --> 00:28:20,000 COLLEAGUES FROM THE OTHER SIDE 817 00:28:20,001 --> 00:28:21,000 I LISTENED TO THEIR 818 00:28:21,001 --> 00:28:22,000 COMMENTARY OVER THE LAST SEVERAL 819 00:28:22,001 --> 00:28:23,000 WEEKS. 820 00:28:23,001 --> 00:28:25,000 A FEW WEEKS AGO I HEARD FROM THE 821 00:28:25,001 --> 00:28:26,000 SENIOR CENTER FROM NORTH 822 00:28:26,001 --> 00:28:27,000 CAROLINA, SENATOR BURR, TALKING 823 00:28:27,001 --> 00:28:28,000 ON THIS FLOOR ABOUT HEALTH 824 00:28:28,001 --> 00:28:30,000 RERM. 825 00:28:30,001 --> 00:28:32,000 HE ACKNOWLEDGED THAT WE NEED TO 826 00:28:32,001 --> 00:28:34,000 CHANGE THE HEALTH DELIVERY 827 00:28:34,001 --> 00:28:36,000 SYSTEM, WHICH I AGREE WITH. 828 00:28:36,001 --> 00:28:38,000 BUT THEN HE SAID, OUR DEMOCRATIC 829 00:28:38,001 --> 00:28:40,000 IDEAS WON'T WORK. 830 00:28:40,001 --> 00:28:42,000 HE SAID ONE REASON IS BECAUSE 831 00:28:42,001 --> 00:28:44,000 GOVERNMENT PROGRAMS DON'T DO 832 00:28:44,001 --> 00:28:46,000 ENOUGH PREVENTION AND WELLNESS 833 00:28:46,001 --> 00:28:48,000 AND THEY WON'T HELP PEOPLE MAKE 834 00:28:48,001 --> 00:28:50,000 THE LIFESTYLE CHANGES NEEDED TO 835 00:28:50,001 --> 00:28:51,000 GET TRUE SAVINGS IN THE HEALTH 836 00:28:51,001 --> 00:28:53,000 SYSTEM. 837 00:28:53,001 --> 00:28:56,000 HERE'S WHAT ELSE HE SAID AND I'M 838 00:28:56,001 --> 00:28:57,000 QUOTING FROM THE CONGRESSIONAL 839 00:28:57,001 --> 00:28:59,000 RECORD, "SHOW ME A GOVERNMENT 840 00:28:59,001 --> 00:29:01,000 PLAN THAT PACE FOR PREVENTION -- 841 00:29:01,001 --> 00:29:04,000 PACE FOR PREVENTION, WELL 842 00:29:04,001 --> 00:29:05,000 NECESSARY, AND CHRONIC DISEASE 843 00:29:05,001 --> 00:29:06,000 MANAGEMENT, AND I WILL QUIT 844 00:29:06,001 --> 00:29:09,000 COMING ON THE FLOOR AND QUIT 845 00:29:09,001 --> 00:29:10,000 TALKING ABOUT THE LACK OF REFORM." 846 00:29:10,001 --> 00:29:13,000 MR. PRESIDENT, I'VE GOT ONE. 847 00:29:13,001 --> 00:29:15,000 I'VE GOT A GREAT EXAMPLE OF SUCH 848 00:29:15,001 --> 00:29:17,000 A GREAT PROGRAM IN A GOVERNMENT 849 00:29:17,001 --> 00:29:19,000 PLAN THAT PAYS FOR THE WHOLE 850 00:29:19,001 --> 00:29:22,000 THING, ALMOST THE WHOLE THING, 851 00:29:22,001 --> 00:29:23,000 AND GET 852 00:29:23,001 --> 00:29:25,000 INCREDIBLE RESULTS. 853 00:29:25,001 --> 00:29:29,000 IT COMES FRO 854 00:29:29,001 --> 00:29:35,000 AN ALASKA NATIVE PROGRAM CALLED NUKA MODEL CARE. 855 00:29:35,001 --> 00:29:38,000 IT IS BASED 856 00:29:38,001 --> 00:29:44,000 NONPROFIT HEALTH SYSTEM SERVING 857 00:29:44,001 --> 00:29:47,000 9,000 ALASKA NATIVES. 858 00:29:47,001 --> 00:29:50,000 THE ELDERS ACTED IN RESPONSE TO 859 00:29:50,001 --> 00:29:51,000 WHAT THEY SAW AS THEIR OWN 860 00:29:51,001 --> 00:29:52,000 FAILING HEALTH CARE SYSTEM. 861 00:29:52,001 --> 00:29:55,000 LIKE MANY OTHER PROVIDERS IN 862 00:29:55,001 --> 00:29:56,000 THIS COUNTRY, THE FOUNDATION 863 00:29:56,001 --> 00:29:58,000 RECOGNIZED AN ALARMIN CONTRADICTION. 864 00:29:58,001 --> 00:29:59,000 AS HEALTH COSTS CONTINUED TO 865 00:29:59,001 --> 00:30:01,000 INCREASE, THE HEALTH STATUS OF 866 00:30:01,001 --> 00:30:04,000 THEIR PATIENTS ONLY GOT WORSE. 867 00:30:04,001 --> 00:30:08,000 CARE ONLY RESULTED IN WORSE 868 00:30:08,001 --> 00:30:10,000 HEALTH OUTCOMES. 869 00:30:10,001 --> 00:30:11,000 SO THEY DECIDED TO CHANGE IT, 870 00:30:11,001 --> 00:30:14,000 AND FROM THE GROUND UP THEY 871 00:30:14,001 --> 00:30:15,000 BUILT A SYSTEM OF 872 00:30:15,001 --> 00:30:19,000 CUSTOMER-DRIVEN HEALTH CARE. 873 00:30:19,001 --> 00:30:20,000 THAT'S THEIR TERM, NOT MINE. 874 00:30:20,001 --> 00:30:21,000 CUSTOMER-DRIVEN. 875 00:30:21,001 --> 00:30:23,000 NUKA IS THE NATIVE WORD 876 00:30:23,001 --> 00:30:24,000 ASSOCIATED WITH FAMILY, AND 877 00:30:24,001 --> 00:30:27,000 THAT'S CERTAINLY THE APPROACH. 878 00:30:27,001 --> 00:30:29,000 THE NUKA MODEL PROVIDES TEAMS OF 879 00:30:29,001 --> 00:30:31,000 HEALTH CARE PROVIDERS, DOCTORS, 880 00:30:31,001 --> 00:30:33,000 MEDICAL ASSISTANTS TO WORK WITH EACH PATIENT. 881 00:30:33,001 --> 00:30:35,000 IT REQUIRES DOCTORS TO LISTEN TO 882 00:30:35,001 --> 00:30:37,000 THE PATIENT, TO REALLY HEAR WHAT 883 00:30:37,001 --> 00:30:39,000 CUSTOMERS ARE SAYING ABOUT THEIR 884 00:30:39,001 --> 00:30:40,000 LIFESTYLES, THEIR JOBS, THEIR 885 00:30:40,001 --> 00:30:43,000 FAMILIES, EVERYTHING THAT 886 00:30:43,001 --> 00:30:45,000 AFFECTS THEIR OVERALL HEALTH. 887 00:30:45,001 --> 00:30:47,000 IT MAKES 888 00:30:47,001 --> 00:30:50,000 EASIER, GUARANTEEING 889 00:30:50,001 --> 00:30:53,000 CAN SEE YOUR CHOSENROVIDER FOR 890 00:30:53,001 --> 00:30:55,000 ANYTHING YOU WANT, SAME DAY,N 891 00:30:55,001 --> 00:30:57,000 PERSON, VIA PHONE OR E-MAIL, 892 00:30:57,001 --> 00:30:59,000 WHATEVER'S EASIER FOR THE 893 00:30:59,001 --> 00:31:00,000 PATIENT. 894 00:31:00,001 --> 00:31:03,000 SAME DAY GUARANTEED. 895 00:31:03,001 --> 00:31:04,000 LET ME REPEAT THAT AGAIN: SAME 896 00:31:04,001 --> 00:31:06,000 DAY GUARANTEED. 897 00:31:06,001 --> 00:31:10,000 HERE'S ANOTHER IMPORTANT POINT. 898 00:31:10,001 --> 00:31:13,000 PHYSICIAN SALARIES ARE BASED ON 899 00:31:13,001 --> 00:31:14,000 THE TEAM'S OVERALL PEFORMANCE. 900 00:31:14,001 --> 00:31:17,000 MR. PRESIDENT, I WANT TO MAKE 901 00:31:17,001 --> 00:31:20,000 SURE THAT MY FRIEND, SENATOR 902 00:31:20,001 --> 00:31:22,000 BURR, TPR NORTH CAROLINA -- 903 00:31:22,001 --> 00:31:26,000 FROM NORTH CAROLINA, HEARS THIS PART. 904 00:31:26,001 --> 00:31:27,000 THE NUKA MODEL IS FUNDED ALMOST 905 00:31:27,001 --> 00:31:29,000 ENTIRELY BY THE FEDERAL 906 00:31:29,001 --> 00:31:31,000 GOVERNMENT, HALF BY INDIAN 907 00:31:31,001 --> 00:31:32,000 HEALTH SERVICES AND ONE-THIRD BY 908 00:31:32,001 --> 00:31:34,000 MEDICAID OR MEDICARE. 909 00:31:34,001 --> 00:31:36,000 AND IT WORKS AND WORKS VERY 910 00:31:36,001 --> 00:31:38,000 WELL. 911 00:31:38,001 --> 00:31:39,000 THIS CHART COVERS SOME OF THE 912 00:31:39,001 --> 00:31:40,000 AMAZING RESULTS SINCE THE 913 00:31:40,001 --> 00:31:45,000 PROGRAM STARTED. 914 00:31:45,001 --> 00:31:46,000 A 50% DROP IN URGENT CARE, A 53% 915 00:31:46,001 --> 00:31:48,000 REDUCTION IN HOSPITAL 916 00:31:48,001 --> 00:31:54,000 ADMISSIONS, A 65% DROP IN THE 917 00:31:54,001 --> 00:31:56,000 NEED FOR EXPENSIVE SPECIALISTS. 918 00:31:56,001 --> 00:31:58,000 CHILDHOOD IMMUNIZATION RATE 919 00:31:58,001 --> 00:31:59,000 93%, WELL ABOVE THE STATE AND 920 00:31:59,001 --> 00:32:01,000 NATIONAL AVERAGES. 921 00:32:01,001 --> 00:32:04,000 MUCH BETTER MANAGEMENT OF 922 00:32:04,001 --> 00:32:07,000 DIABETES WITH 50% OF PATIENTS 923 00:32:07,001 --> 00:32:11,000 KEPT IN THE PREDIABETES STAGE 924 00:32:11,001 --> 00:32:13,000 INSTEAD OF WORSENING INTO FULL DIABETES. 925 00:32:13,001 --> 00:32:16,000 AND HAPPY CUSTOMERS. 926 00:32:16,001 --> 00:32:19,000 THE OVERALL SATISFACTION RATE 927 00:32:19,001 --> 00:32:21,000 AMONG OUR PATIENTS FOR THIS 928 00:32:21,001 --> 00:32:23,000 PROGRAM -- 91%. 929 00:32:23,001 --> 00:32:25,000 THE NUKA MODEL IS ATTRACTING 930 00:32:25,001 --> 00:32:26,000 ATTENTION FROM ALL OVER THE 931 00:32:26,001 --> 00:32:28,000 WORLD, AS IT SHOULD. 932 00:32:28,001 --> 00:32:32,000 AND EVEN AS RECENT AS LAST MONTH 933 00:32:32,001 --> 00:32:33,000 FROM THE FORMER SPEAKER NEWT 934 00:32:33,001 --> 00:32:34,000 GINGRICH, RECOGNIZED THIS GREAT 935 00:32:34,001 --> 00:32:36,000 PROGRAM. 936 00:32:36,001 --> 00:32:37,000 I'M SURE THERE ARE OTHER 937 00:32:37,001 --> 00:32:38,000 GOVERNMENT SUCCESS STORIES 938 00:32:38,001 --> 00:32:39,000 THROUGHOUT THIS 939 00:32:39,001 --> 00:32:41,000 MR. PRESIDENT, I THINK I'VE MADE 940 00:32:41,001 --> 00:32:44,000 MY POINT, AND TRULY MY REMARKS 941 00:32:44,001 --> 00:32:45,000 ARE NOT INTENDED TO SINGLE OUT 942 00:32:45,001 --> 00:32:48,000 ANY ONE SENATOR, BUT I WILL SAY 943 00:32:48,001 --> 00:32:50,000 THIS: S WE DEBATE HEALTH 944 00:32:50,001 --> 00:32:52,000 INSURANCE REFORM IN THIS 945 00:32:52,001 --> 00:32:54,000 CHAMBER, LET'S ARM S FS WITH THE 946 00:32:54,001 --> 00:32:56,000 FACTS AND WITH -- OURSELVES WITH 947 00:32:56,001 --> 00:32:57,000 THE FACTS AND OPEN MINDS. 948 00:32:57,001 --> 00:32:59,000 LET'S NOT JUST SAY NO BECAUSE OF 949 00:32:59,001 --> 00:33:01,000 PARTISAN DIFFERENCES. 950 00:33:01,001 --> 00:33:02,000 LET'S CELEBRATE EXAMPLES OF 951 00:33:02,001 --> 00:33:03,000 INNOVATION AND EXCELLENC THAT 952 00:33:03,001 --> 00:33:06,000 WORK NO MATTER WHERE THEY COME 953 00:33:06,001 --> 00:33:08,000 FROM, AND LET'S USE THE 954 00:33:08,001 --> 00:33:09,000 SUCCESSFUL MODELS TO EXTEND 955 00:33:09,001 --> 00:33:10,000 GOOD-QUALITY CARE TO MILLIONS 956 00:33:10,001 --> 00:33:13,000 MORE AMERICANS. 957 00:33:13,001 --> 00:33:15,000 MR. PRESIDENT, I'M PROUD OF THE 958 00:33:15,001 --> 00:33:17,000 NUKA MODEL IN ALASKA, OF THE 959 00:33:17,001 --> 00:33:18,000 PEOPLE WHO GOT IT STARTED A 960 00:33:18,001 --> 00:33:20,000 DECADE AGO AND OF THE PEOPLE WHO 961 00:33:20,001 --> 00:33:21,000 ARE MAKING IT WORK TODAY. 962 00:33:21,001 --> 00:33:23,000 MR. PRESIDENT, THANK YOU, AND I 963 00:33:23,001 --> 00:33:24,000 YIELD THE FLOOR. 964 00:33:24,001 --> 00:33:27,000 THE PRESIDING OFFICER: THE SENATOR FROM NORTH CAROLINA. 965 00:33:27,001 --> 00:33:29,000 MRS. HAGAN: THANK YOU, SENATOR BEGICH. 966 00:33:29,001 --> 00:33:32,000 YOUR COMMENTS ON CUSTOMER-DRIVEN 967 00:33:32,001 --> 00:33:34,000 CARE IS CERTAINLY WORKING IN ALASKA. 968 00:33:34,001 --> 00:33:35,000 NOW, MR. PRESIDENT, I'D LIKE TO 969 00:33:35,001 --> 00:33:37,000 YIELD FIVE MINUTES TO MY 970 00:33:37,001 --> 00:33:38,000 COLLEAGUE FROM COLORADO, SENATOR 971 00:33:38,001 --> 00:33:41,000 MICHAEL BENNET, FOR HIS 972 00:33:41,001 --> 00:33:42,000 DISCUSSION ON 973 00:33:42,001 --> 00:33:43,000 MR. BENNET: THANK YOU. 974 00:33:43,001 --> 00:33:44,000 THE PRESIDING OFFICER: THE 975 00:33:44,001 --> 00:33:45,000 SENATOR FROM 976 00:33:45,001 --> 00:33:47,000 MR. BENNET: THANK YOU, MR. PRESIDENT. 977 00:33:47,001 --> 00:33:48,000 I'D LIKE TO THANK OUR COLLEAGUE 978 00:33:48,001 --> 00:33:49,000 FROM NORTH CAROLINA FOR 979 00:33:49,001 --> 00:33:52,000 ORGANIZING THIS MORNING AND FOR 980 00:33:52,001 --> 00:33:53,000 THE OUR FRESHMEN TO BE HERE YET 981 00:33:53,001 --> 00:33:55,000 AGAIN, WEEK AFTER WEEK AFTER 982 00:33:55,001 --> 00:33:56,000 WEEK TO TALK ABOUT THE URGENT 983 00:33:56,001 --> 00:33:58,000 NEED FOR HEALTH CARE REFORM IN 984 00:33:58,001 --> 00:34:01,000 THIS COUNTRY. 985 00:34:01,001 --> 00:34:03,000 MY COLLEAGUE, SENATOR UDALL FROM 986 00:34:03,001 --> 00:34:05,000 COLORADO, DID A WONDERFUL JOB 987 00:34:05,001 --> 00:34:06,000 TALKING ABOUT THE MODELS WE HAVE 988 00:34:06,001 --> 00:34:08,000 OF TRANSITIONAL CARE IN 989 00:34:08,001 --> 00:34:09,000 COLORADO, WHERE WE SEE SE 990 00:34:09,001 --> 00:34:12,000 PROVIDERS ABLE TO HAVE MERELY A 991 00:34:12,001 --> 00:34:14,000 3% HOSPITAL 992 00:34:14,001 --> 00:34:15,000 JUST BECAUSE OF THE WAY THEY 993 00:34:15,001 --> 00:34:16,000 MANAGE PATIENTS, 994 00:34:16,001 --> 00:34:18,000 PATIENT-CENTERED CARE, UNLIKE 995 00:34:18,001 --> 00:34:19,000 THE WAY WE DO IT ALL ACROSS THE 996 00:34:19,001 --> 00:34:22,000 COUNTRY, WHICH IS THE REASON WHY 997 00:34:22,001 --> 00:34:23,000 WE 998 00:34:23,001 --> 00:34:26,000 READMISSION RATE IN THE UNITED STATES. 999 00:34:26,001 --> 00:34:27,000 IF WE JUST PUT IN SOME OF THESE 1000 00:34:27,001 --> 00:34:29,000 COMMONSENSE PRACTICES AND 1001 00:34:29,001 --> 00:34:30,000 WORRIED ABOUT OUTCOMES MORE AND 1002 00:34:30,001 --> 00:34:32,000 WORRIED ABOUT HOW MANY TESTS 1003 00:34:32,001 --> 00:34:35,000 WERE GIVEN LESS, IN THIS CASE WE 1004 00:34:35,001 --> 00:34:37,000 COULD REDUCE THE EXPENDITURE BY 1005 00:34:37,001 --> 00:34:38,000 $18 BILLION ANNUALLY AND PROVIDE 1006 00:34:38,001 --> 00:34:40,000 BETTER QUALITY CARE. 1007 00:34:40,001 --> 00:34:42,000 AND IT'S JUST ONE OF THE MANY 1008 00:34:42,001 --> 00:34:43,000 IDEAS THAT ARE BUBBLING UP FROM 1009 00:34:43,001 --> 00:34:45,000 STATES ALL ACROSS THE COUNTRY. 1010 00:34:45,001 --> 00:34:47,000 I WANTED TO SPEND A COUPLE 1011 00:34:47,001 --> 00:34:49,000 MINUTES TODAY TALKING ABOUT THE 1012 00:34:49,001 --> 00:34:51,000 ABSURD WASTE 1013 00:34:51,001 --> 00:34:53,000 CAUSED BY OUR CURRENT SYSTEM OF 1014 00:34:53,001 --> 00:34:55,000 INSURANCE IN THE UNITED STATES. 1015 00:34:55,001 --> 00:34:56,000 AND WE'VE GOT TWO EXAMPLES IN 1016 00:34:56,001 --> 00:34:58,000 COLORADO THAT HAVE RECENTLY BEEN 1017 00:34:58,001 --> 00:35:00,000 COVERED BY THE NEWSPAPERS OUT THERE. 1018 00:35:00,001 --> 00:35:02,000 THE FIRST IS A STORY ABOUT 1019 00:35:02,001 --> 00:35:03,000 GENDER DISCRIMINATION WHEN IT 1020 00:35:03,001 --> 00:35:05,000 COMES TO INSURANCE. 1021 00:35:05,001 --> 00:35:08,000 AND IT'S ABOUT A WOMAN IN MY 1022 00:35:08,001 --> 00:35:10,000 STATE, PEGGY ROBERTSON OF 1023 00:35:10,001 --> 00:35:11,000 GOLDEN, COLORADO, WHO WAS DENIED 1024 00:35:11,001 --> 00:35:13,000 COVERAGE BECAUSE SHE HAD WHAT 1025 00:35:13,001 --> 00:35:14,000 WAS 1026 00:35:14,001 --> 00:35:15,000 CONDITION, WHICH WAS THE 1027 00:35:15,001 --> 00:35:18,000 C-SECTION THAT SHE HAD WHEN SHE 1028 00:35:18,001 --> 00:35:19,000 GAVE BIRTH TO HER SON. 1029 00:35:19,001 --> 00:35:21,000 AND THE INS 1030 00:35:21,001 --> 00:35:25,000 THAT THEY WOULDN'T COVER HER 1031 00:35:25,001 --> 00:35:26,000 UNLESS SHE BECAME STERILIZED. 1032 00:35:26,001 --> 00:35:28,000 PEGGY CAME AND TESTIFIED ABOUT 1033 00:35:28,001 --> 00:35:30,000 THIS IN THE COMMITTEE HERE, AND 1034 00:35:30,001 --> 00:35:32,000 HER STORY HAS BEEN REPEATED BY 1035 00:35:32,001 --> 00:35:34,000 MANY PEOPLE ALL ACROSS THE STATE OF COLORADO. 1036 00:35:34,001 --> 00:35:40,000 BUT IT GOT THE ATTENTION OF 1037 00:35:40,001 --> 00:35:42,000 NAMED MATT TEMEY OF CASTLE ROCK, 1038 00:35:42,001 --> 00:35:43,000 COLORADO, WHO WROTE A LETTER TO 1039 00:35:43,001 --> 00:35:45,000 THE EDITOR THAT I ALMOST 1040 00:35:45,001 --> 00:35:47,000 COULDN'T BELIEVE WHEN I READ IT. 1041 00:35:47,001 --> 00:35:50,000 WE FOLLOWED UP WITH MATT, AND IT 1042 00:35:50,001 --> 00:35:53,000 TURNED OUT THAT IT WAS TRUE. 1043 00:35:53,001 --> 00:35:56,000 MATT WAS 1044 00:35:56,001 --> 00:35:59,000 HIS WIFE, WHO IS INSURED -- SHE 1045 00:35:59,001 --> 00:36:01,000 HAS HER OWN INSURANCE -- WAS PREGNANT. 1046 00:36:01,001 --> 00:36:03,000 MATT IS A 40-YEAR-OLD COMMERCIAL 1047 00:36:03,001 --> 00:36:05,000 PILOT FROM CASTLE ROCK, AND HE 1048 00:36:05,001 --> 00:36:07,000 WAS FURLOUGHED FROM HIS JOB AT 1049 00:36:07,001 --> 00:36:09,000 THE END OF JUNE. 1050 00:36:09,001 --> 00:36:12,000 HIS WIFE WENDY IS A PARALEGAL 1051 00:36:12,001 --> 00:36:14,000 AND SHE HAS COVERAGE THROUGH HER EMPLOY. 1052 00:36:14,001 --> 00:36:16,000 THEY HAVE A SIX-YEAR-OLD SON. 1053 00:36:16,001 --> 00:36:17,000 AS I MENTIONED A MINUTE AGO, 1054 00:36:17,001 --> 00:36:21,000 WENDY IS PREGNANT. 1055 00:36:21,001 --> 00:36:25,000 IT WAS TOO EXPENSIVE FOR MATT 1056 00:36:25,001 --> 00:36:27,000 AND HIS SON TO JOIN HIS 1057 00:36:27,001 --> 00:36:28,000 PLAN, AND BECAUSE HE HAD BEEN 1058 00:36:28,001 --> 00:36:30,000 FURLOUGHED HE WENT OUT AND 1059 00:36:30,001 --> 00:36:31,000 SHOPPED ON THE INDIVIDUAL MARKET 1060 00:36:31,001 --> 00:36:34,000 WHICH HE THOUGHT WOULDE EASY. 1061 00:36:34,001 --> 00:36:36,000 HE CHECKED WITH HIS PREVIOUS COMPANY'S HEALTH INSURANCE, 1062 00:36:36,001 --> 00:36:37,000 FILLED OUT T PAPERWORK FOR 1063 00:36:37,001 --> 00:36:40,000 HIMSELF AND HIS SON. 1064 00:36:40,001 --> 00:36:41,000 HE IS 1065 00:36:41,001 --> 00:36:43,000 AND IS NOT ELIGIBLE FOR COVERAGE 1066 00:36:43,001 --> 00:36:44,000 BECAUSE HIS WIFE JUST FOUND OUT 1067 00:36:44,001 --> 00:36:45,000 SHE WAS PREGNANT. 1068 00:36:45,001 --> 00:36:47,000 HE TOLD THE INSURANCE COMPANIES 1069 00:36:47,001 --> 00:36:50,000 MY WIFE IS ALREADY COVERED BY 1070 00:36:50,001 --> 00:36:53,000 ANOTHER INSURER, AND THEY SAID 1071 00:36:53,001 --> 00:36:56,000 TO HIM, "THAT'S 1072 00:36:56,001 --> 00:36:59,000 BUT IF SHE SUFFERS A FATALITY 1073 00:36:59,001 --> 00:37:01,000 WHILE GIVING BIRTH TO HER CHILD, 1074 00:37:01,001 --> 00:37:03,000 THATHILD IS GOING TO BECOME A 1075 00:37:03,001 --> 00:37:06,000 DEPENDENT OF YOURS AND, 1076 00:37:06,001 --> 00:37:08,000 THEREFORE, WILL BE ON INSURANCE THAT YOU WOULD 1077 00:37:08,001 --> 00:37:09,000 PWAOEURBGS AND, THEREFORE, WE'RE 1078 00:37:09,001 --> 00:37:11,000 NOT -- THAT YOU WILL BUY AND 1079 00:37:11,001 --> 00:37:13,000 WE'RE NOT GOING TO SELL IT TO YOU." 1080 00:37:13,001 --> 00:37:15,000 NOW MATT HAD TO GO ON THE MARKET AGAIN. 1081 00:37:15,001 --> 00:37:18,000 WHAT THEY HAVE ARE THREE PLANS. 1082 00:37:18,001 --> 00:37:19,000 THEY HAVE THE PLAN HIS WIFE WAS 1083 00:37:19,001 --> 00:37:21,000 ON, ALREADY COVERED. 1084 00:37:21,001 --> 00:37:22,000 THEY HAVE ANOTHER PLAN FOR HIS 1085 00:37:22,001 --> 00:37:26,000 SIX-YEAR-OLD SON. 1086 00:37:26,001 --> 00:37:28,000 A PUBLIC OPTION THAT WE HAVE IN 1087 00:37:28,001 --> 00:37:30,000 COLORADO CALLED COVER COLORADO. 1088 00:37:30,001 --> 00:37:31,000 AND WHEN I READ THIS LETTER, 1089 00:37:31,001 --> 00:37:33,000 WHEN WE HEARD THIS STORY, WHEN 1090 00:37:33,001 --> 00:37:35,000 WE TALKED TO MATT, IT JUST 1091 00:37:35,001 --> 00:37:36,000 REMINDED ME AGAIN, 1092 00:37:36,001 --> 00:37:37,000 MR. PRESIDENT, OF ALL THE 1093 00:37:37,001 --> 00:37:39,000 STORIES THAT I'VE HEARD THAT ALL 1094 00:37:39,001 --> 00:37:41,000 OF US HAVE HEARD OVER THESE MANY 1095 00:37:41,001 --> 00:37:44,000 MONTHS WHEN WE'VE BEEN 1096 00:37:44,001 --> 00:37:46,000 DISCUSSING HEALTH CARE, ABOUT 1097 00:37:46,001 --> 00:37:47,000 ALL OF THE WASTED EVENINGS AND 1098 00:37:47,001 --> 00:37:48,000 CONVERSATIONS AND FIGHTS THAT 1099 00:37:48,001 --> 00:37:50,000 PEOPLE HAVE OVER THEIR TELEPHONE 1100 00:37:50,001 --> 00:37:52,000 JUST TO GET BASIC 1101 00:37:52,001 --> 00:37:54,000 THEIR FAMILY 1102 00:37:54,001 --> 00:37:55,000 THE KIND OF STABILITY ALL OF US 1103 00:37:55,001 --> 00:37:57,000 WANT TO HAVE FOR OUR KIDS, FOR 1104 00:37:57,001 --> 00:37:59,000 OUR GRANDKIDS AND FOR OUR FAMILIES. 1105 00:37:59,001 --> 00:38:00,000 THAT'S WHAT THIS INSURANCE 1106 00:38:00,001 --> 00:38:03,000 REFORM IS ABOUT. 1107 00:38:03,001 --> 00:38:06,000 IT'S TIME FOR US 1108 00:38:06,001 --> 00:38:08,000 THE USUAL POLITICS OF SPECIAL 1109 00:38:08,001 --> 00:38:09,000 INTERESTS THAT ALWAYS HAS 1110 00:38:09,001 --> 00:38:12,000 PREVENTED US FROM GETTING 1111 00:38:12,001 --> 00:38:13,000 SOMETHING DONE HERE AND DELIVER 1112 00:38:13,001 --> 00:38:14,000 REFORM THAT CREATES STABILITY 1113 00:38:14,001 --> 00:38:16,000 FOR WORKING FAMILIES ALL ACROSS 1114 00:38:16,001 --> 00:38:18,000 OUR COUNTRY, DELIVER A REFORM 1115 00:38:18,001 --> 00:38:19,000 THAT ALLOWS US TO CONSUME A 1116 00:38:19,001 --> 00:38:21,000 SMALLER PORTION OF OUR GROSS 1117 00:38:21,001 --> 00:38:23,000 DOMESTIC PRODUCT THAN WE ARE 1118 00:38:23,001 --> 00:38:25,000 TODAY, DELIVER A REFORM THAT 1119 00:38:25,001 --> 00:38:26,000 ALLOWS US TO BEGIN TO PUT THIS 1120 00:38:26,001 --> 00:38:28,000 FEDERAL GOVERNMENT BACK ON A 1121 00:38:28,001 --> 00:38:30,000 PATH 1122 00:38:30,001 --> 00:38:31,000 IT'S HIGH TIME TO PUT THOSE 1123 00:38:31,001 --> 00:38:33,000 POLITICS ASIDE. 1124 00:38:33,001 --> 00:38:34,000 AND I KNOW IN THIS COUNTRY WE 1125 00:38:34,001 --> 00:38:35,000 CAN DO BETTER THAN 1126 00:38:35,001 --> 00:38:36,000 AND IN THE END WE WILL DO 1127 00:38:36,001 --> 00:38:37,000 BETTER. 1128 00:38:37,001 --> 00:38:40,000 AND OUR WORKING FAMILIES AND 1129 00:38:40,001 --> 00:38:41,000 SMALL BUSINESSES WILL BE REAL 1130 00:38:41,001 --> 00:38:42,000 BENEFICIARIES OF THE REFORM THAT 1131 00:38:42,001 --> 00:38:43,000 WE PASS HERE. 1132 00:38:43,001 --> 00:38:45,000 SO I THANK THE SENATOR FROM 1133 00:38:45,001 --> 00:38:46,000 NORTH CAROLINA FOR GIVING ME THE 1134 00:38:46,001 --> 00:38:47,000 OPPORTUNITY TO BE HERE THIS 1135 00:38:47,001 --> 00:38:51,000 MORNING. 1136 00:38:51,001 --> 00:38:52,000 IMPORTANT LEADERSHIP ON THIS 1137 00:38:52,001 --> 00:38:53,000 CRITICAL ISSUE. THANK YOU, MR. PRESIDENT. 1138 00:38:53,001 --> 00:38:54,000 I YIELD THE FLOOR. 1139 00:38:54,001 --> 00:38:55,000 THE PRESIDING OFFICER: THE 1140 00:38:55,001 --> 00:38:56,000 SENATOR FROM NORTH CAROLINA. 1141 00:38:56,001 --> 00:38:59,000 MRS. HAGAN: THANK YOU, SENATOR 1142 00:38:59,001 --> 00:39:01,000 BENNET FOR YOUR COMMENTS ON TRANSITIONAL CARE AND CERTAINLY 1143 00:39:01,001 --> 00:39:03,000 THE NEED TO BE SURE THAT NO 1144 00:39:03,001 --> 00:39:05,000 PATIENTS ARE DENIED INSURANCE 1145 00:39:05,001 --> 00:39:06,000 COVERAGE FOR PREEXISTING 1146 00:39:06,001 --> 00:39:08,000 CONDITIONS, AND IN PARTICULAR, 1147 00:39:08,001 --> 00:39:09,000 BECAUSE A WIFE IS PREGNANT. 1148 00:39:09,001 --> 00:39:12,000 NOW, MR. PRESIDENT, I'D LIKE TO 1149 00:39:12,001 --> 00:39:13,000 YIELD FIVE MINUTES TO MYSELF. 1150 00:39:13,001 --> 00:39:15,000 I'D LIKE TO TAKE THIS 1151 00:39:15,001 --> 00:39:16,000 OPPORTUNITY TO TALK ABOUT HEALTH 1152 00:39:16,001 --> 00:39:18,000 CARE REFORM AND HOW IT WILL 1153 00:39:18,001 --> 00:39:21,000 IMPROVE THE DELIVERY OF HEALTH 1154 00:39:21,001 --> 00:39:24,000 CARE TO AMERICANS. 1155 00:39:24,001 --> 00:39:25,000 ONCE SUCCESSFUL DELIVERY 1156 00:39:25,001 --> 00:39:28,000 THAT HEALTH CARE REFORM WILL 1157 00:39:28,001 --> 00:39:31,000 EXPAND UPON IS PATIENT-CENTERED 1158 00:39:31,001 --> 00:39:32,000 MEDICAL HOMES WHICH WERE 1159 00:39:32,001 --> 00:39:34,000 PIONEERED IN NORTH CAROLINA. 1160 00:39:34,001 --> 00:39:35,000 SINCE 1998 NORTH HAS BEEN 1161 00:39:35,001 --> 00:39:37,000 IMPLEMENTING AN ENHANCED MEDICAL 1162 00:39:37,001 --> 00:39:38,000 HOME MODEL OF CARE IN ITS 1163 00:39:38,001 --> 00:39:40,000 MEDICAID PROGRAM CALLED 1164 00:39:40,001 --> 00:39:43,000 COMMUNITY CARE OF NORTH CAROLINA. 1165 00:39:43,001 --> 00:39:46,000 UNDER THIS MODEL, EACH PATIENT 1166 00:39:46,001 --> 00:39:48,000 HAS ACCESS TO A PRIMARY CARE 1167 00:39:48,001 --> 00:39:50,000 PHYSICIAN WHO IS RESPONSIBLE FOR 1168 00:39:50,001 --> 00:39:51,000 PROVIDING COMPREHENSIVE AND 1169 00:39:51,001 --> 00:39:53,000 PREVENTIVE CARE WORKING IN 1170 00:39:53,001 --> 00:39:55,000 COLLABORATION WITH NURSES, 1171 00:39:55,001 --> 00:39:57,000 PHICIAN SPECIALISTS AND OTHER 1172 00:39:57,001 --> 00:39:58,000 HEALTH 1173 00:39:58,001 --> 00:40:02,000 THE PRIMARY CARE PHYSICIAN IS 1174 00:40:02,001 --> 00:40:03,000 THE GO-TO DOCTOR AND THE 1175 00:40:03,001 --> 00:40:04,000 GATEKEEPER OF A PATIENT'S 1176 00:40:04,001 --> 00:40:06,000 INFORMATION. 1177 00:40:06,001 --> 00:40:08,000 WITHIN EACH NETWORK, PATIENTS 1178 00:40:08,001 --> 00:40:10,000 ARE LINKED TO A PRIMARY CARE 1179 00:40:10,001 --> 00:40:13,000 PROVIDER TO SERVE AS A MEDICAL 1180 00:40:13,001 --> 00:40:16,000 HOME THAT PROVIDES ACUTE AND 1181 00:40:16,001 --> 00:40:18,000 PREVENTIVE CARE, MANAGES CHRONIC 1182 00:40:18,001 --> 00:40:22,000 ILLNESS, COORDINATES SPECIALTY 1183 00:40:22,001 --> 00:40:23,000 CARE AND PROVIDES 1184 00:40:23,001 --> 00:40:25,000 AROUND-THE-CLOCK ON-CALL 1185 00:40:25,001 --> 00:40:28,000 ASSISTANCE. 1186 00:40:28,001 --> 00:40:29,000 CASE MANAGERS ARE WOR IN 1187 00:40:29,001 --> 00:40:31,000 CONCERT WITH THE PHYSICIANS TO 1188 00:40:31,001 --> 00:40:33,000 IDENTIFY AND MANAGE CARE FOR 1189 00:40:33,001 --> 00:40:36,000 HIGH-COST, HIGH-RISK PATIENTS. 1190 00:40:36,001 --> 00:40:38,000 AS OF MAY OF THIS YEAR, 1191 00:40:38,001 --> 00:40:40,000 COMMUNITY CARE OF NORTH CAROLINA 1192 00:40:40,001 --> 00:40:42,000 WAS COMPRISED OF 14 NETWORKS 1193 00:40:42,001 --> 00:40:46,000 THAT INCLUDED MORE THAN 3,200 1194 00:40:46,001 --> 00:40:47,000 PHYSICIANS AND COVERED OVER 1195 00:40:47,001 --> 00:40:50,000 913,000 MEDICAID PATIENTS IN 1196 00:40:50,001 --> 00:40:52,000 NORTH CAROLINA, ACCOUNTING FOR 1197 00:40:52,001 --> 00:40:54,000 OVER 67% OF THE STATE'S ENTIRE 1198 00:40:54,001 --> 00:40:56,000 MEDICAID POPULATION. 1199 00:40:56,001 --> 00:40:58,000 MR. PRESIDENT, AS AN EXAMPLE OF 1200 00:40:58,001 --> 00:41:00,000 THE BENEFITS OF A PROGRAM 1201 00:41:00,001 --> 00:41:01,000 THIS, CONSIDER THE IMPACT ON 1202 00:41:01,001 --> 00:41:03,000 ASTHMA PATIENTS. 1203 00:41:03,001 --> 00:41:05,000 BECAUSE PATIENTS GET TO SEE THE 1204 00:41:05,001 --> 00:41:07,000 SAME DOCTOR AND GET MORE 1205 00:41:07,001 --> 00:41:09,000 CONSISTENT COORDINATED CARE, 1206 00:41:09,001 --> 00:41:11,000 PHYSICIANS ARE ABLE TO QUICKLY 1207 00:41:11,001 --> 00:41:13,000 RECOGNIZE A CONDITION LIKE 1208 00:41:13,001 --> 00:41:14,000 ASTHMA AND CAN MORE QUICKLY AND 1209 00:41:14,001 --> 00:41:15,000 EFFICIENTLY DETERMINE THE MOST 1210 00:41:15,001 --> 00:41:18,000 APPROPRIATE TREATMENT. 1211 00:41:18,001 --> 00:41:20,000 THE SUPPORT NETWO THEN 1212 00:41:20,001 --> 00:41:22,000 EDUCATES THE PATIENTS AND THEIR 1213 00:41:22,001 --> 00:41:23,000 FAMILIES ABOUT THE MANAGEMENT OF 1214 00:41:23,001 --> 00:41:26,000 THEIR DISEASE. 1215 00:41:26,001 --> 00:41:28,000 DUE TO THE INCREASED LIKELIHOOD 1216 00:41:28,001 --> 00:41:29,000 OF COMPLICATIONS WHEN ASTHMA 1217 00:41:29,001 --> 00:41:31,000 PATIENTS GET THE FLU, IT IS VERY 1218 00:41:31,001 --> 00:41:32,000 IMPORTANT THAT THEY RECEIVE THE 1219 00:41:32,001 --> 00:41:33,000 FLU VACCINE. 1220 00:41:33,001 --> 00:41:36,000 SINCE 2004, WITHIN THE COMMUNITY 1221 00:41:36,001 --> 00:41:39,000 CARE OF NORTH CAROLINA, THERE'S 1222 00:41:39,001 --> 00:41:42,000 BEEN 112% INCREASE IN FLU SHOTS 1223 00:41:42,001 --> 00:41:44,000 ADMINISTERED TO ASTHMA PATIENTS. 1224 00:41:44,001 --> 00:41:46,000 MORE THAN 90% OF PATIENTS ARE 1225 00:41:46,001 --> 00:41:49,000 USING THE MOST APPROPRIATE MEDICATIONS. 1226 00:41:49,001 --> 00:41:52,000 BETWEEN 2003 AND 2006, 1227 00:41:52,001 --> 00:41:56,000 ASTHMA-RELATED HOSPITALIZATIONS 1228 00:41:56,001 --> 00:41:59,000 DECREASED BY 40% AND 1229 00:41:59,001 --> 00:42:00,000 ROOM VISITS DECREASED BY 17%. 1230 00:42:00,001 --> 00:42:02,000 THAT SAVES ALL OF US DOLLARS. 1231 00:42:02,001 --> 00:42:05,000 COMMUNITY CARE OF NORTH CAROLINA 1232 00:42:05,001 --> 00:42:07,000 HAS IMPROVED PATIENT CARE AND 1233 00:42:07,001 --> 00:42:10,000 SAVED THE STATE MONEY. 1234 00:42:10,001 --> 00:42:13,000 AN INDEPENDENT ANALYSIS BY 1235 00:42:13,001 --> 00:42:14,000 MERCER, WHICH IS A GOVERNMENT 1236 00:42:14,001 --> 00:42:16,000 CONSULTING TKPWRAOURPBGS FOUND 1237 00:42:16,001 --> 00:42:18,000 THAT THIS PROGRAM SAVED BETWEEN 1238 00:42:18,001 --> 00:42:19,000 $150 MILLION AND $170 MILLION IN 1239 00:42:19,001 --> 00:42:21,000 2006. 1240 00:42:21,001 --> 00:42:23,000 A UNIVERSITY OF NORTH CAROLINA 1241 00:42:23,001 --> 00:42:25,000 EVALUATION OF 1242 00:42:25,001 --> 00:42:27,000 DIABETES PATIENTS FOUND THAT IT 1243 00:42:27,001 --> 00:42:31,000 SAVED $3.3 MILLION FOR ASTHMA 1244 00:42:31,001 --> 00:42:33,000 PATIENTS AND $2.1 MILLION FOR 1245 00:42:33,001 --> 00:42:36,000 DIABETIC PATIENTS BETWEEN 2000 AND 2002. 1246 00:42:36,001 --> 00:42:38,000 AND IN ADDITION TO ASTHMA 1247 00:42:38,001 --> 00:42:40,000 PATIENTS, DIABETIC PATIENTS ALSO 1248 00:42:40,001 --> 00:42:43,000 HAD FEWER HOSPITALIZATIONS AND 1249 00:42:43,001 --> 00:42:45,000 THEY VISITED THE PRIMARY CARE 1250 00:42:45,001 --> 00:42:47,000 DOCTORS MORE OFTEN INSTEAD OF 1251 00:42:47,001 --> 00:42:48,000 SPECIALISTS AND HAD BETTER 1252 00:42:48,001 --> 00:42:49,000 HEALTH OUTCOMES. 1253 00:42:49,001 --> 00:42:51,000 MR. PRESIDENT, I'D LIKE TO TELL 1254 00:42:51,001 --> 00:42:54,000 A STORY ABOUT HOW ACCESS TO A 1255 00:42:54,001 --> 00:42:55,000 MEDICAL HOME HAS HELPED SOMEONE 1256 00:42:55,001 --> 00:42:58,000 IN NORTH CAROLINA OVERCOME THE 1257 00:42:58,001 --> 00:43:01,000 CHALLENGES OF AN ILLNESS. 1258 00:43:01,001 --> 00:43:02,000 DONALD FROM CHARLOTTE HAS TYPE 2 1259 00:43:02,001 --> 00:43:04,000 DIABETES. 1260 00:43:04,001 --> 00:43:07,000 THIS DIABETIC CONDITION OF HIS 1261 00:43:07,001 --> 00:43:08,000 WENT UNTREATED FOR A LONG TIME, 1262 00:43:08,001 --> 00:43:11,000 AND AS A RESULT HE BEGAN HAVING 1263 00:43:11,001 --> 00:43:13,000 MINI STROKES, HAD TO CUT BACK ON 1264 00:43:13,001 --> 00:43:15,000 HIS WORK IN LANDSCAPING AND 1265 00:43:15,001 --> 00:43:17,000 ENDED UP IN AN EMERGENCY ROOM. 1266 00:43:17,001 --> 00:43:18,000 HE WAS REFERRED TO A 1267 00:43:18,001 --> 00:43:20,000 CHARLOTTE-BASED MEDICAL HOME 1268 00:43:20,001 --> 00:43:23,000 PROGRAM CALLED PHYSICIANS REACH 1269 00:43:23,001 --> 00:43:27,000 OUT H NOW MASS A PRIMARY CARE 1270 00:43:27,001 --> 00:43:28,000 DOCTOR WHO GOT HIM ON A 1271 00:43:28,001 --> 00:43:30,000 REGIMENT, RETURNING HIS BLOOD 1272 00:43:30,001 --> 00:43:32,000 SUGAR TO A NORMAL LEVEL AND 1273 00:43:32,001 --> 00:43:33,000 ALLOWING HIM TO WORK FULL TIME AGAIN. 1274 00:43:33,001 --> 00:43:35,000 HIS PRIMARY CARE PHYSICIAN WAS 1275 00:43:35,001 --> 00:43:36,000 THE KEY TO TEACHING HIM HOW TO 1276 00:43:36,001 --> 00:43:39,000 MANAGE HIS DIABETES. 1277 00:43:39,001 --> 00:43:41,000 AND WITHOUT THIS MEDICAL HOME, 1278 00:43:41,001 --> 00:43:43,000 HE SAYS GETTING HIS CONDITION 1279 00:43:43,001 --> 00:43:44,000 UNDER CONTROL WOULD HAVE BEEN A 1280 00:43:44,001 --> 00:43:46,000 WILD GOOSE CHASE. 1281 00:43:46,001 --> 00:43:48,000 THE HEALTH, EDUCATION, LABOR AND 1282 00:43:48,001 --> 00:43:50,000 PENSIONS COMMITTEE INCLUDED TWO 1283 00:43:50,001 --> 00:43:53,000 PROVISIONS IN THE HEALTH CARE 1284 00:43:53,001 --> 00:43:55,000 REFORM BILL TO ENCOURAGE 1285 00:43:55,001 --> 00:43:57,000 PATIENT-CENTERED MEDICAL HOMES 1286 00:43:57,001 --> 00:43:58,000 LIKE WE HAVE IN NORTH CAROLINA. 1287 00:43:58,001 --> 00:43:59,000 THE SECRETARY OF HEALTH AND 1288 00:43:59,001 --> 00:44:01,000 HUMAN SERVICES WILL DEVELOP A 1289 00:44:01,001 --> 00:44:02,000 PROGRAM TO SUPPORT MEDICAL HOMES 1290 00:44:02,001 --> 00:44:03,000 AND OTHER STATES WILL APPLY FOR 1291 00:44:03,001 --> 00:44:05,000 GRANTS. 1292 00:44:05,001 --> 00:44:08,000 THE BILL ALSO PROVIDES GRANTS 1293 00:44:08,001 --> 00:44:10,000 FOR PHYSICIAN TRAING PROGRAMS, 1294 00:44:10,001 --> 00:44:12,000 GIVI PRIORITY TO THOSE THAT 1295 00:44:12,001 --> 00:44:13,000 EDUCATE THE STUDENTS IN THESE 1296 00:44:13,001 --> 00:44:15,000 PHYSICIAN TRAING PROGRAMS THAT 1297 00:44:15,001 --> 00:44:17,000 ARE IN TEAM-BASED APPACHES, 1298 00:44:17,001 --> 00:44:19,000 INCLUDING THE PATIENT-CENTERED 1299 00:44:19,001 --> 00:44:20,000 MEDICAL HOME. 1300 00:44:20,001 --> 00:44:23,000 MR. PRESIDENT, I'VE BEEN FOCUSED 1301 00:44:23,001 --> 00:44:24,000 ON A REFORM BILL 1302 00:44:24,001 --> 00:44:27,000 INSURANCE COMPANIES FROM TURNING 1303 00:44:27,001 --> 00:44:29,000 PATIENTS AWAY THAT HAVE A 1304 00:44:29,001 --> 00:44:30,000 PREEXISTING CONDITION THAT 1305 00:44:30,001 --> 00:44:32,000 EXPANDS COVERAGE AND ENSURES 1306 00:44:32,001 --> 00:44:37,000 THAT IF YOU LIKE YOUR INSURANCE 1307 00:44:37,001 --> 00:44:40,000 AND YOUR DOCTORS, YOU KEEP THEM. 1308 00:44:40,001 --> 00:44:42,000 THIS BILL WILL ACTUALLY REDUCE 1309 00:44:42,001 --> 00:44:43,000 OUR DEFICIT AND THAT HAS BEEN A 1310 00:44:43,001 --> 00:44:46,000 REQUIREMENT OF 1311 00:44:46,001 --> 00:44:47,000 THIS BILL ALSO ENCOURAGES 1312 00:44:47,001 --> 00:44:48,000 INNOVATION AND THE DELIVERY OF 1313 00:44:48,001 --> 00:44:50,000 HEALTH CARE TO AMERICANS USING 1314 00:44:50,001 --> 00:44:51,000 SUCCESSFUL PROGRAMS LIKE THE 1315 00:44:51,001 --> 00:44:55,000 COMMUNITY CARE OF NORTH CAROLINA 1316 00:44:55,001 --> 00:44:56,000 AND THE PHYSICIAN'S REACHOUT 1317 00:44:56,001 --> 00:44:57,000 PATIENT CENTER MEDICAL HOME AS A 1318 00:44:57,001 --> 00:44:58,000 MODEL. 1319 00:44:58,001 --> 00:45:00,000 THANK YOU, MR. PRESIDENT, AND 1320 00:45:00,001 --> 00:45:03,000 NOW I'D LIKE TO YIELD FIVE 1321 00:45:03,001 --> 00:45:05,000 MINUTES TO MY COLLEAGUE, NEW 1322 00:45:05,001 --> 00:45:09,000 MEXICO SENATOR, TOM UDALL TO 1323 00:45:09,001 --> 00:45:10,000 TALK ABOUT A MODEL OF 1324 00:45:10,001 --> 00:45:12,000 HEALTH DELIVERY. THE PRESIDING OFFICER: THE 1325 00:45:12,001 --> 00:45:14,000 SENATOR FROM NEW MEXICO. 1326 00:45:14,001 --> 00:45:15,000 MR. UDALL: SENATOR HAGAN, THANK 1327 00:45:15,001 --> 00:45:16,000 YOU VERY MUCH. 1328 00:45:16,001 --> 00:45:17,000 AND THANK YOU FOR YOUR STATEMENT 1329 00:45:17,001 --> 00:45:18,000 TODAY AND LEADING US ON THE 1330 00:45:18,001 --> 00:45:22,000 FLOOR OF THIS DISCUSSION OF 1331 00:45:22,001 --> 00:45:24,000 HEALTH CARE AND IN MY CASE I 1332 00:45:24,001 --> 00:45:27,000 WANT TO TALK A LITTLE BIT ABOUT 1333 00:45:27,001 --> 00:45:28,000 HEALTH CARE DELIVERY SYSMS. 1334 00:45:28,001 --> 00:45:30,000 FIRST, LET ME SAY THAT I KNOW 1335 00:45:30,001 --> 00:45:32,000 WHEN W TALK ABOUT A WORD LIKE 1336 00:45:32,001 --> 00:45:38,000 HEALTH CE DELIVERY SYSTEM, 1337 00:45:38,001 --> 00:45:40,000 IT'S A BIT OF A WONKY TERM. 1338 00:45:40,001 --> 00:45:42,000 MOST EYES GLAZE OVER WHEN 1339 00:45:42,001 --> 00:45:43,000 POLITICIANS OR PUNDITS DESCRIBE 1340 00:45:43,001 --> 00:45:44,000 THE PROBLEMS WITH THE HEALTH 1341 00:45:44,001 --> 00:45:45,000 CARE DELIVERY SYSTEM. 1342 00:45:45,001 --> 00:45:46,000 THEY DON'T KNOW WHAT IT HAS TO 1343 00:45:46,001 --> 00:45:48,000 DO WITH THEIR HEALTH CARE 1344 00:45:48,001 --> 00:45:50,000 EXPERIENCE OR THEIR DOCTORS OR THEIR LIVES. 1345 00:45:50,001 --> 00:45:52,000 BUT THE REALITY IS HEALTH CARE 1346 00:45:52,001 --> 00:45:53,000 DELIVERY SYSTEMS HAVE EVERYTHING 1347 00:45:53,001 --> 00:45:56,000 TO DO WITH ALL OF THAT. 1348 00:45:56,001 --> 00:45:58,000 THESE DELIVERY SYSTEMS DETERMINE 1349 00:45:58,001 --> 00:45:59,000 HOW AMERICANS RECEIVE THEIR CARE. 1350 00:45:59,001 --> 00:46:00,000 THEY DICTATE HOW A DOCTOR TREATS 1351 00:46:00,001 --> 00:46:03,000 THEIR PATIENTS. 1352 00:46:03,001 --> 00:46:04,000 HOW LONG A PATIENT MUST WAIT FOR 1353 00:46:04,001 --> 00:46:05,000 TREATMENT. 1354 00:46:05,001 --> 00:46:07,000 HOW MUCH A HOSPITAL CHARGES FOR 1355 00:46:07,001 --> 00:46:09,000 ITS SERVICES. 1356 00:46:09,001 --> 00:46:11,000 AND HOW THE MEDICAL COMMUNITY IS 1357 00:46:11,001 --> 00:46:13,000 HELD ACCOUNTABLE FOR ITS MISTAKES. 1358 00:46:13,001 --> 00:46:16,000 AS WE CONTINUE WORKING TO REFORM 1359 00:46:16,001 --> 00:46:17,000 HEALTH CARE, WE MUST TAKE AN 1360 00:46:17,001 --> 00:46:19,000 HONEST LOOK AT OUR CURRENT 1361 00:46:19,001 --> 00:46:22,000 HEALTH CARE DELIVERY SYSTEM AND 1362 00:46:22,001 --> 00:46:23,000 ASK OURSELVES SOME BASIC 1363 00:46:23,001 --> 00:46:25,000 QUESTIONS. 1364 00:46:25,001 --> 00:46:27,000 QUESTIONS LIKE, DO THE SYSTEMS 1365 00:46:27,001 --> 00:46:28,000 WE CURRENTLY USE TO DELIVER 1366 00:46:28,001 --> 00:46:31,000 HEALTH CARE WORK? 1367 00:46:31,001 --> 00:46:33,000 ARE WE, AS PATIENTS, BUSINESSES 1368 00:46:33,001 --> 00:46:34,000 AND GOVERNMENTS GETTING THE BEST 1369 00:46:34,001 --> 00:46:35,000 VALUE FOR OUR HEALTH CARE 1370 00:46:35,001 --> 00:46:38,000 DOLLAR? 1371 00:46:38,001 --> 00:46:40,000 DO THESE SYSTEMS ENCOURAGE 1372 00:46:40,001 --> 00:46:42,000 EFFICIENT, COORDINATED CARE? 1373 00:46:42,001 --> 00:46:43,000 IF YOU ASK THE EXPERTS ON THIS 1374 00:46:43,001 --> 00:46:45,000 SUBJECT, THE ANSWER YOU'LL 1375 00:46:45,001 --> 00:46:48,000 LIKELYET IS A LOUD AND 1376 00:46:48,001 --> 00:46:50,000 RESOUNDING NO. 1377 00:46:50,001 --> 00:46:51,000 -- RESOUNDING NO. 1378 00:46:51,001 --> 00:46:53,000 THE WAY I LOOK AT HEALTH CARE 1379 00:46:53,001 --> 00:46:55,000 DELIVERY SYSTEMS IS THE SAME WAY 1380 00:46:55,001 --> 00:46:59,000 I LOOK AT BUILDING A HOUSE. 1381 00:46:59,001 --> 00:47:01,000 TO BUILD A STRONG, SOLID, SAFE 1382 00:47:01,001 --> 00:47:03,000 HOUSE, YOU HAVE TO START WITH A 1383 00:47:03,001 --> 00:47:04,000 STRONG, SOLID, SAFE FOUNDATION. 1384 00:47:04,001 --> 00:47:06,000 OUR HEALTH CARE DELIVERY SYSTEMS 1385 00:47:06,001 --> 00:47:10,000 ARE THE FOUNDATION FOR ALL OF 1386 00:47:10,001 --> 00:47:12,000 OUR EFFORT IN HEALTH CARE. 1387 00:47:12,001 --> 00:47:15,000 IF THAT FOUNDATION IS OFFCENTER 1388 00:47:15,001 --> 00:47:16,000 OR CRACKED OR BUILT ON UNEVEN 1389 00:47:16,001 --> 00:47:18,000 GROUND, IT DOESN'T EVEN MATTER 1390 00:47:18,001 --> 00:47:20,000 HOW STRAIGHT THE WALLS ARE OR 1391 00:47:20,001 --> 00:47:21,000 HOW EFFICIENT THE MEDICAL SYSTEM IS. 1392 00:47:21,001 --> 00:47:22,000 NOTHING IS GOING TO WORK RIGHT. 1393 00:47:22,001 --> 00:47:25,000 RIGHT NOW THE VAST MAJORITY OF 1394 00:47:25,001 --> 00:47:26,000 HEALTH CARE IN AMERICA RESTS ON 1395 00:47:26,001 --> 00:47:30,000 SHAKY FOUNDATIONS. 1396 00:47:30,001 --> 00:47:31,000 IT'S OUR JOB TO REBUILD THESE 1397 00:47:31,001 --> 00:47:33,000 FOUNDATIONS BEFORE MORE 1398 00:47:33,001 --> 00:47:34,000 AMERICANS SLIP THROUGH THE 1399 00:47:34,001 --> 00:47:37,000 CRACKS. 1400 00:47:37,001 --> 00:47:39,000 THE GOOD NEWS IS THAT ACROSS THE 1401 00:47:39,001 --> 00:47:41,000 COUNTRY COMMUNITIES ARE 1402 00:47:41,001 --> 00:47:42,000 ACHIEVING SUCCESS WITH 1403 00:47:42,001 --> 00:47:43,000 INNOVATIVE HEALTH CARE DELIVERY 1404 00:47:43,001 --> 00:47:45,000 PROGRAMS. 1405 00:47:45,001 --> 00:47:47,000 WE SHOULD LOOK AT THESE MODELS 1406 00:47:47,001 --> 00:47:50,000 AS WE CONTINUE OUR WORK HERE IN WASHINGTON. 1407 00:47:50,001 --> 00:47:51,000 THERE'S ONE EXAMPLE I'D LIKE TO 1408 00:47:51,001 --> 00:47:52,000 HIGHLIGHT TODAY. 1409 00:47:52,001 --> 00:47:56,000 THAT EXAMPLE COMES FROM MY HOME 1410 00:47:56,001 --> 00:47:57,000 STATE OF NEW MEXICO FROM A 1411 00:47:57,001 --> 00:48:02,000 COUNTY THAT MAKES UP THE BOOT 1412 00:48:02,001 --> 00:48:05,000 HEEL OF THE SOUTHWESTERN CORNER. 1413 00:48:05,001 --> 00:48:07,000 HEDALGO COUNTY IS ONE OF THE 1414 00:48:07,001 --> 00:48:10,000 MOST RURAL COUNTIES IN OUR STATE 1415 00:48:10,001 --> 00:48:12,000 WITH JUST 5,000 PEEP. 1416 00:48:12,001 --> 00:48:14,000 HEDALGO FES THE SAME HEALTH 1417 00:48:14,001 --> 00:48:17,000 CARE PROBLEMS AS OTHER RURAL AREAS. 1418 00:48:17,001 --> 00:48:18,000 THERE AREN'T ENOUGH DOCTORS, 1419 00:48:18,001 --> 00:48:20,000 PATIENTS MUST TRAVEL A LONG 1420 00:48:20,001 --> 00:48:24,000 DISTANCE FOR CARE AND AS A 1421 00:48:24,001 --> 00:48:29,000 RESULT THERE ARE CHRONIC RATES 1422 00:48:29,001 --> 00:48:31,000 -- HIGHER RATES OF CHRONIC DISEASES. 1423 00:48:31,001 --> 00:48:33,000 TO MEET THESE CHALLENGES, THE 1424 00:48:33,001 --> 00:48:40,000 COUNTY HAD TO THINK OUTSIDE THE BOX. 1425 00:48:40,001 --> 00:48:42,000 WHAT THEY CAME UP WITH WAS THE 1426 00:48:42,001 --> 00:48:44,000 HADOLGO HEALTH COMMONS. 1427 00:48:44,001 --> 00:48:46,000 THEY RECOGNIZED THAT IN RURAL 1428 00:48:46,001 --> 00:48:50,000 AREAS CHRONIC HEALTH CONDITIONS 1429 00:48:50,001 --> 00:48:51,000 ARE WORSENED BY LIMITED ACCESS 1430 00:48:51,001 --> 00:48:53,000 TO HEAH PROVIDERS. 1431 00:48:53,001 --> 00:48:55,000 SECOND, TO RESPOND TO THIS 1432 00:48:55,001 --> 00:48:57,000 CHALLENGES, THEY ESTABLISHED A 1433 00:48:57,001 --> 00:48:58,000 ONE-STOP SHOP FOR MEDICAL AND 1434 00:48:58,001 --> 00:49:01,000 SOCIAL SERVICES. 1435 00:49:01,001 --> 00:49:03,000 AT THE CLINIC, 1436 00:49:03,001 --> 00:49:05,000 DOCTORS, NURSES AND DENTISTS. 1437 00:49:05,001 --> 00:49:07,000 SEEK MENTAL HEALTH TREATMENT, 1438 00:49:07,001 --> 00:49:09,000 FILL A PRESCRIPTION, GET 1439 00:49:09,001 --> 00:49:12,000 MEDICAID OR MEDICARE OR APPLY 1440 00:49:12,001 --> 00:49:13,000 FOR PUBLI 1441 00:49:13,001 --> 00:49:14,000 W.I.C. 1442 00:49:14,001 --> 00:49:16,000 THIRD, THEY WORK WITH A 1443 00:49:16,001 --> 00:49:19,000 COMMUNITY TO IDENTIFY LOCAL 1444 00:49:19,001 --> 00:49:22,000 HEALTH PRIORITIES AND THEN ALIGN 1445 00:49:22,001 --> 00:49:24,000 THEIR SERVICES ACCORDINGLY. 1446 00:49:24,001 --> 00:49:25,000 FINALLY, THEY ARE A SOURCE OF 1447 00:49:25,001 --> 00:49:27,000 LOCAL, ECONOMIC, AND SOCIAL 1448 00:49:27,001 --> 00:49:29,000 DEVELOPMENT BY CREATING JOBS, 1449 00:49:29,001 --> 00:49:31,000 SERVING SCHOOLS AN OFFERING 1450 00:49:31,001 --> 00:49:32,000 FAMILIES SUPPORT. 1451 00:49:32,001 --> 00:49:34,000 THE HEALTH COMMONS MODEL HAS 1452 00:49:34,001 --> 00:49:37,000 WORKED SO WELL THAT IT'S GROWN 1453 00:49:37,001 --> 00:49:39,000 TO SERVE FIVE CITES ACROSS NEW MEXICO. 1454 00:49:39,001 --> 00:49:42,000 AND THEY'RE NOT STOPPING THERE. 1455 00:49:42,001 --> 00:49:44,000 THE NEW HEDALGO INITIATIVE, 1456 00:49:44,001 --> 00:49:46,000 WHICH IS STILL IN DEVELOPMENT, 1457 00:49:46,001 --> 00:49:47,000 WILL EXPAND ON THE SUCCESS OF 1458 00:49:47,001 --> 00:49:50,000 THE HEALTH COMMONS. 1459 00:49:50,001 --> 00:49:54,000 THE GOAL IS TO ENROLL ALL 5,000 1460 00:49:54,001 --> 00:49:57,000 RESIDENTS OF HEDALGO COUNTY INTO 1461 00:49:57,001 --> 00:49:58,000 THE HEALTH SERVICES PROGRAM. 1462 00:49:58,001 --> 00:50:00,000 HEDALGO COUNTY IS ONE EXAMPLE OF 1463 00:50:00,001 --> 00:50:01,000 THE INNOVATIVE WORK GOING ON 1464 00:50:01,001 --> 00:50:04,000 ACROSS THE COUNTRY. 1465 00:50:04,001 --> 00:50:06,000 AND IT SERVE AS A LESSON TO ALL 1466 00:50:06,001 --> 00:50:07,000 OF US THAT FAULTY FOUNDATIONS 1467 00:50:07,001 --> 00:50:09,000 DON'T FIX THEMSELVES. 1468 00:50:09,001 --> 00:50:11,000 THEY REQUIRE HARD WORK AND 1469 00:50:11,001 --> 00:50:14,000 INGENUITY AND SIGNIFICANT INVESTMENT. 1470 00:50:14,001 --> 00:50:16,000 IF WE'RE GOING TO FULLY 1471 00:50:16,001 --> 00:50:17,000 TRANSFORM OUR NATION'S AILING 1472 00:50:17,001 --> 00:50:20,000 HEALTH CARE SYSTEM, WE MUST 1473 00:50:20,001 --> 00:50:22,000 FIRST FOCUS ON THE FOUNDATION. 1474 00:50:22,001 --> 00:50:24,000 WE MUST FIRST REFORM OUR HEALTH 1475 00:50:24,001 --> 00:50:27,000 CARE DELIVERY SYSTEMS. 1476 00:50:27,001 --> 00:50:28,000 THANK YOU, MR. 1477 00:50:28,001 --> 00:50:33,000 YIELD THE FLOOR. THE PRESIDING OFFICER: THE 1478 00:50:33,001 --> 00:50:35,000 SENATOR FROM NORTH CAROLINA. 1479 00:50:35,001 --> 00:50:36,000 MRS. HAGAN: THANK YOU, SENATOR UDALL. 1480 00:50:36,001 --> 00:50:38,000 YOUR EXAMPLE OF THE COMMUNITY 1481 00:50:38,001 --> 00:50:39,000 HEALTH SERVICE DELIVERY IN NEW 1482 00:50:39,001 --> 00:50:41,000 MEXICO IS EXCELLENT. 1483 00:50:41,001 --> 00:50:44,000 NOW, MR. PRESIDENT, I'D LIKE TO 1484 00:50:44,001 --> 00:50:47,000 YIELD FIVE MINUTESO MY 1485 00:50:47,001 --> 00:50:52,000 COLLEAGUE FROM NEW HAMPSHIRE, 1486 00:50:52,001 --> 00:50:53,000 SENATOR SH SHAHEEN TO REDUCE HOSPITAL READMISSIONS. 1487 00:50:53,001 --> 00:50:56,000 THE PRESIDING OFFICER: THE 1488 00:50:56,001 --> 00:50:57,000 SENATOR FROM NEW HAMPSHIRE. 1489 00:50:57,001 --> 00:50:58,000 MRS. SHAHEEN: THANK YOU, MR. 1490 00:50:58,001 --> 00:51:00,000 PRESIDENT. 1491 00:51:00,001 --> 00:51:02,000 AND I WANT TO THANK SENATOR 1492 00:51:02,001 --> 00:51:03,000 HAGAN FOR ORGANIZING THE EFFORT 1493 00:51:03,001 --> 00:51:05,000 TODAY AND FOR THE GREAT WORK 1494 00:51:05,001 --> 00:51:07,000 SHE'S DONE ON THE "HELP" 1495 00:51:07,001 --> 00:51:08,000 COMMITTEE TO DEVELOP A HEALTH 1496 00:51:08,001 --> 00:51:09,000 CARE REFORM BILL THAT CAN BE 1497 00:51:09,001 --> 00:51:11,000 SUPPORTED BY THIS BODY. 1498 00:51:11,001 --> 00:51:13,000 ONCE AGAIN WE'RE HERE TO TALK 1499 00:51:13,001 --> 00:51:15,000 ABOUT HEALTH CARE REFORM AND WHY 1500 00:51:15,001 --> 00:51:17,000 IT'S SO URGENTL NEEDED. 1501 00:51:17,001 --> 00:51:18,000 AND WE'RE AT A CRITICAL JUNCTURE 1502 00:51:18,001 --> 00:51:19,000 BECAUSE HEALTH CARE COSTS ARE 1503 00:51:19,001 --> 00:51:21,000 OUT OF CONTROL. 1504 00:51:21,001 --> 00:51:23,000 THEY'RE A THREAT TO OUR 1505 00:51:23,001 --> 00:51:24,000 FAMILIES, OUR SMALL BUSINESSES 1506 00:51:24,001 --> 00:51:26,000 AND OUR ECONOMY AND DESPITE ALL 1507 00:51:26,001 --> 00:51:29,000 THE MONEY THAT WE'RE SPENDING ON 1508 00:51:29,001 --> 00:51:30,000 HEALTH CARE, WE'RE NOT 1509 00:51:30,001 --> 00:51:31,000 GUARANTEED BETTER HEALTH 1510 00:51:31,001 --> 00:51:36,000 OUTCOMES. 1511 00:51:36,001 --> 00:51:37,000 THAT MEANS JUST BECAUSE SPENDING 1512 00:51:37,001 --> 00:51:38,000 MONEY IT DOESN'T MEAN THAT 1513 00:51:38,001 --> 00:51:41,000 PEOPLE ARE HEALTHIER. 1514 00:51:41,001 --> 00:51:42,000 BUT THE TRUTH IS WE CAN CONTROL 1515 00:51:42,001 --> 00:51:45,000 COSTS AND IMPROVE QUALITY AND WE 1516 00:51:45,001 --> 00:51:47,000 CAN DO THIS BY PROMOTING 1517 00:51:47,001 --> 00:51:49,000 EFFECTIVE DELIVERY MODELS AN 1518 00:51:49,001 --> 00:51:50,000 SENATOR UDALL -- AND SENATOR 1519 00:51:50,001 --> 00:51:53,000 UDALL DID A GREAT JOB OF TALKING 1520 00:51:53,001 --> 00:51:54,000 ABOUT WHAT THAT TERM MEANS IN 1521 00:51:54,001 --> 00:51:56,000 REAL LANGUAGE. 1522 00:51:56,001 --> 00:51:59,000 WE CAN PROMOTE EFFECTIVE 1523 00:51:59,001 --> 00:52:00,000 DELIVERY MODELS THAT EMPHASIZE 1524 00:52:00,001 --> 00:52:01,000 COORDINATION AND INDIVIDUALIZED 1525 00:52:01,001 --> 00:52:04,000 CARE. 1526 00:52:04,001 --> 00:52:05,000 AND, AS I'VE SAID ON A NUMBER OF 1527 00:52:05,001 --> 00:52:07,000 OCCASIONS, I'M REALLY PROUD OF 1528 00:52:07,001 --> 00:52:10,000 THE INNOVATIONS THAT ARE 1529 00:52:10,001 --> 00:52:12,000 CHANGING HEALTH CARE DELIVERY IN 1530 00:52:12,001 --> 00:52:14,000 NEW HAMPSHIRE, MY HOME STATE, 1531 00:52:14,001 --> 00:52:17,000 AND ONE OF THOSE THAT HAS BEEN 1532 00:52:17,001 --> 00:52:18,000 RECOGNIZED NATIONALLY IS THE 1533 00:52:18,001 --> 00:52:19,000 DARTMOUTH ATLAS PROJECT BASED IN 1534 00:52:19,001 --> 00:52:21,000 HANOVER. 1535 00:52:21,001 --> 00:52:23,000 BECAUSE OF THE WORK OF THE ATLAS 1536 00:52:23,001 --> 00:52:25,000 PROJECT, WE NOW KNOW THERE ARE 1537 00:52:25,001 --> 00:52:26,000 SIGNIFICANT VAIR AITIONZS IN THE 1538 00:52:26,001 --> 00:52:30,000 -- VARIAONS IN THE WAY THAT 1539 00:52:30,001 --> 00:52:31,000 HEALTH CARE RESOURCES ARE UD 1540 00:52:31,001 --> 00:52:33,000 AND HOW THE MONEY IS SPENT 1541 00:52:33,001 --> 00:52:35,000 DEPENDING ON WHERE WE LIVE. 1542 00:52:35,001 --> 00:52:37,000 RIGHT NOW PROVIDERS ARE 1543 00:52:37,001 --> 00:52:39,000 FOR VOLUME RATHER THAN FOR VALUE. 1544 00:52:39,001 --> 00:52:40,000 AND THERE'S A CHART HERE THAT 1545 00:52:40,001 --> 00:52:42,000 SHOWS THAT VERY CLEARLY. 1546 00:52:42,001 --> 00:52:44,000 IT SHOWS THE DIFFERENCE IN 1547 00:52:44,001 --> 00:52:46,000 SPENDING AMONG DIFFERENT REGIONS 1548 00:52:46,001 --> 00:52:47,000 OF THE COUNTRY FOR MEDICE 1549 00:52:47,001 --> 00:52:49,000 PATIENTS. 1550 00:52:49,001 --> 00:52:52,000 AND, AS YOU CAN SEE, THE AREAS 1551 00:52:52,001 --> 00:52:53,000 THAT ARE DARK RED ARE THE MOST 1552 00:52:53,001 --> 00:52:57,000 EXPENSIVE. 1553 00:52:57,001 --> 00:53:01,000 SO THESE AREAS, THE AREAS THAT 1554 00:53:01,001 --> 00:53:03,000 ARE LIGHTEST -- ARE LIGHTEST ARE 1555 00:53:03,001 --> 00:53:05,000 THE LEAST EXPENSIVE AREAS WHEN 1556 00:53:05,001 --> 00:53:06,000 IT COMES TO COST PER MEDICARE 1557 00:53:06,001 --> 00:53:13,000 PATIENT. 1558 00:53:13,001 --> 00:53:16,000 ALL THE WAY FROM 5,280 TO 6,600 1559 00:53:16,001 --> 00:53:21,000 IN THE LOW-SPENDING REGIONS UP 1560 00:53:21,001 --> 00:53:23,000 TO 8,600 TO 13,360 PER MEDICARE 1561 00:53:23,001 --> 00:53:24,000 PATIENT IN THESE DARKEST REGIONS 1562 00:53:24,001 --> 00:53:25,000 OF THE COUNTRY. 1563 00:53:25,001 --> 00:53:27,000 AND, UNFORTUNATELY, THE SAD 1564 00:53:27,001 --> 00:53:30,000 THING ABOUT THIS RESEARCH IS NOT 1565 00:53:30,001 --> 00:53:33,000 JUST THE CHANGES IN COSTS, BUT 1566 00:53:33,001 --> 00:53:35,000 IT'S THE FACT THAT JUST BECAUSE 1567 00:53:35,001 --> 00:53:37,000 SOMEONE LIVES IN AN AREA WHERE 1568 00:53:37,001 --> 00:53:38,000 THE SPENDING IS HIGHER, IT 1569 00:53:38,001 --> 00:53:42,000 DOESN'T MEAN THAT THEY'RE GOING 1570 00:53:42,001 --> 00:53:44,000 TO HAVE BETTER HEALTHOUT COMES. 1571 00:53:44,001 --> 00:53:46,000 -- HEAH OUTCOMES. 1572 00:53:46,001 --> 00:53:48,000 SO PUT VERY SIMPLY, MOST COSTLY 1573 00:53:48,001 --> 00:53:49,000 CARE DOES NOT MEAN BETTER CARE. 1574 00:53:49,001 --> 00:53:50,000 AND THIS IS A FUNDAMENTAL 1575 00:53:50,001 --> 00:53:51,000 PROBLEM WITH OUR HEALTH CARE 1576 00:53:51,001 --> 00:53:52,000 SYSTEM. 1577 00:53:52,001 --> 00:53:54,000 BECAUSE THE WAY OUR HEALTH CARE 1578 00:53:54,001 --> 00:54:01,000 DOLLARS ARE BEING SPENT RIGHT 1579 00:54:01,001 --> 00:54:04,000 NOW IS ANALOGOUS TO A MEDICAL ARMS RACE. 1580 00:54:04,001 --> 00:54:07,000 THAT IS NOT MY TERM, THAT IS 1581 00:54:07,001 --> 00:54:08,000 ELLIOT FISHER FROM THE ATLAS PROJECT. 1582 00:54:08,001 --> 00:54:10,000 TOO OFTEN WE JUDGE THE QUALITY 1583 00:54:10,001 --> 00:54:13,000 OF OUR HOSPITALS, FOR EXAMPLE, 1584 00:54:13,001 --> 00:54:14,000 BASED ON A NEW EXPANSION WING OR 1585 00:54:14,001 --> 00:54:18,000 THE LATEST MEDICAL DEVICE, AND 1586 00:54:18,001 --> 00:54:20,000 NOT ON COMPARING THE QUALITY OF 1587 00:54:20,001 --> 00:54:21,000 OVER THE PAST SEVERAL MONTHS 1588 00:54:21,001 --> 00:54:23,000 THOUSANDS OF MY CONSTITUENTS 1589 00:54:23,001 --> 00:54:25,000 HAVE EXPRESSED THEIR CONCERNS 1590 00:54:25,001 --> 00:54:30,000 ABOUT OUR HEALTH CARE SYSTEM. 1591 00:54:30,001 --> 00:54:31,000 LAST WEEK DR. JIM KELLY FROM 1592 00:54:31,001 --> 00:54:34,000 HOLLACE, NEW HAMPSHIRE WAS IN MY 1593 00:54:34,001 --> 00:54:36,000 OFFICE SHARING HIS CONCERNS AND FRUSTRATIO 1594 00:54:36,001 --> 00:54:37,000 DR. KELLY IS A FAMILY PHYSICIAN, 1595 00:54:37,001 --> 00:54:40,000 AND LIKE SO MANY OF OUR HEALTH 1596 00:54:40,001 --> 00:54:41,000 CARE PROVIDERS, HE'S DEDICATED 1597 00:54:41,001 --> 00:54:43,000 TO DOING THE BEST JOB THAT HE 1598 00:54:43,001 --> 00:54:46,000 CAN FOR HIS PATIENTS. 1599 00:54:46,001 --> 00:54:47,000 HOWEVER, INEFFICIENCIES IN OUR 1600 00:54:47,001 --> 00:54:50,000 SYSTEM OFTEN WORK AGAINST THE 1601 00:54:50,001 --> 00:54:51,000 BEST EFFORTS OF OUR PROVIDERS. 1602 00:54:51,001 --> 00:54:53,000 AND DR. KELLY SHARED ONE OF 1603 00:54:53,001 --> 00:54:55,000 THOSE EXPERIENCES. 1604 00:54:55,001 --> 00:54:56,000 HE TALKED ABOUT ONE OF HIS 1605 00:54:56,001 --> 00:54:58,000 PATIENTS WHO IS A 73-YEAR-OLD 1606 00:54:58,001 --> 00:55:00,000 WOMAN WITH DIABETES WHO CAME 1607 00:55:00,001 --> 00:55:03,000 INTO HIS OFFICE ON A FRIDAY 1608 00:55:03,001 --> 00:55:04,000 MORNING WITH A SWOLLEN, RED, AND 1609 00:55:04,001 --> 00:55:07,000 TENDER LEG. 1610 00:55:07,001 --> 00:55:09,000 AND IN ADDITION TO HER OWN 1611 00:55:09,001 --> 00:55:11,000 ILLNESS, SHE'S THE SOLE 1612 00:55:11,001 --> 00:55:13,000 CARETAKER FOR HER 79-YEAR-OLD 1613 00:55:13,001 --> 00:55:17,000 HUSBAND WHO RECENTLY HAD A STROKE. 1614 00:55:17,001 --> 00:55:19,000 DR. KELLY DIAGNOSED HER 1615 00:55:19,001 --> 00:55:22,000 CONDITION, A RELATIVELY COMMON 1616 00:55:22,001 --> 00:55:25,000 ONE AS A SKIN INFECTION WHICH 1617 00:55:25,001 --> 00:55:27,000 REQUIRED I.V. ANTIBIOTICS. 1618 00:55:27,001 --> 00:55:29,000 DR. KELLY GAVE HER THE FIRST 1619 00:55:29,001 --> 00:55:31,000 DOSE IN HIS OFFICE, BUT MEDICARE 1620 00:55:31,001 --> 00:55:32,000 WOULDN'T COVER HER INFUSION 1621 00:55:32,001 --> 00:55:35,000 THERAPY AT HOME. 1622 00:55:35,001 --> 00:55:37,000 SO, AS A RESULT, DR. KELLY WAS 1623 00:55:37,001 --> 00:55:38,000 FORCED TO SEND HER TO THE LOCAL 1624 00:55:38,001 --> 00:55:39,000 EMERGENCY ROOM TO RECEIVE TEAM 1625 00:55:39,001 --> 00:55:42,000 OVER THE WEEKEND. 1626 00:55:42,001 --> 00:55:44,000 AS A RESULT, SHE HAD TO BRING 1627 00:55:44,001 --> 00:55:45,000 HER DISABLED HUSBAND WHO SHE 1628 00:55:45,001 --> 00:55:46,000 COULDN'T LEAVE ALONE TO THE 1629 00:55:46,001 --> 00:55:47,000 EMERGENCY ROOM. 1630 00:55:47,001 --> 00:55:50,000 BOTH OF THEM WERE FORCED TO SIT 1631 00:55:50,001 --> 00:55:53,000 IN THE CROWDED E.R., EXPOSING 1632 00:55:53,001 --> 00:55:55,000 THEM TO NOR GERMS AN USING 1633 00:55:55,001 --> 00:55:56,000 RESOURCES -- TO MORE GERMS AND 1634 00:55:56,001 --> 00:55:59,000 USING RESOURCES THAT COULD BE 1635 00:55:59,001 --> 00:56:01,000 USED MUCH MORE EFFICIENTLY. 1636 00:56:01,001 --> 00:56:03,000 UNFORTUNATELY OUR STEM DOESN'T 1637 00:56:03,001 --> 00:56:05,000 ALWAYS FACILITATE EFFICIENT 1638 00:56:05,001 --> 00:56:07,000 AROUND COORDINATED CARE AND THIS 1639 00:56:07,001 --> 00:56:08,000 IS TOO OFTEN TRUE WITH OUR MOST 1640 00:56:08,001 --> 00:56:10,000 VULNERABLE PATIENTS. 1641 00:56:10,001 --> 00:56:12,000 BUT THERE ARE INNOVATIVE 1642 00:56:12,001 --> 00:56:14,000 PROJECTS ACROSS THE 1643 00:56:14,001 --> 00:56:17,000 HAVE ADAPTED TO MEET THE NEEDS OF THESE INDIVIDUALS. 1644 00:56:17,001 --> 00:56:19,000 BY PROVIDING INCREASED OUTREACH 1645 00:56:19,001 --> 00:56:20,000 AND CARE COORDINATION, ONE PILOT 1646 00:56:20,001 --> 00:56:22,000 PROGRAM WAS ABLE TO REDUCE 1647 00:56:22,001 --> 00:56:24,000 VISITS TO THE EMERGENCY ROOM BY 1648 00:56:24,001 --> 00:56:26,000 ALMOST TWO-THIRDS AFTER TWO 1649 00:56:26,001 --> 00:56:29,000 YEARS OF PARTICIPATION. 1650 00:56:29,001 --> 00:56:30,000 MR. PRESIDENT, I RECENTLY 1651 00:56:30,001 --> 00:56:33,000 INTRODUCED THE REDUCE ACT, WHICH 1652 00:56:33,001 --> 00:56:34,000 IS MODELED AFTER THESE 1653 00:56:34,001 --> 00:56:36,000 SUCCESSFUL PILOTS AND WHICH I 1654 00:56:36,001 --> 00:56:38,000 BELIEVE WILL CHANGE THE WAY CARE 1655 00:56:38,001 --> 00:56:40,000 IS DELIVERED TO THESE HIGH-RISK 1656 00:56:40,001 --> 00:56:42,000 PATIENTS. 1657 00:56:42,001 --> 00:56:43,000 THE REDUCE -- WITH MULTIPLE 1658 00:56:43,001 --> 00:56:45,000 CHRONIC CONDITIONS, AND I THINK 1659 00:56:45,001 --> 00:56:47,000 THAT'S VERY IMPORTANT TO BOINT OUT. 1660 00:56:47,001 --> 00:56:50,000 THE REDUCE -- POINT OUT. 1661 00:56:50,001 --> 00:56:51,000 THE REDUCE ACT WILL HAVE 1662 00:56:51,001 --> 00:56:53,000 PROJECTS IN 10 STAS MODELED 1663 00:56:53,001 --> 00:56:54,000 AFTER THESE APPROACHES THAT HAVE 1664 00:56:54,001 --> 00:56:56,000 BEEN SUCCESSFUL IN PLACES AROUND 1665 00:56:56,001 --> 00:56:58,000 THE COUNTRY. 1666 00:56:58,001 --> 00:57:00,000 THIS IS THE TYPE OF DELIVERY 1667 00:57:00,001 --> 00:57:03,000 SYSTEM REFORM THAT IMPROVES 1668 00:57:03,001 --> 00:57:04,000 QUALITY AND REDUCES COSTS 1669 00:57:04,001 --> 00:57:06,000 SIMULTANEOUSLY. 1670 00:57:06,001 --> 00:57:08,000 AND, AS I'VE SAID MANY TIMES, 1671 00:57:08,001 --> 00:57:10,000 THE CHALLENGE THAT WE FACE IS 1672 00:57:10,001 --> 00:57:13,000 GREAT, BUT WE HAVE THEESOURCES 1673 00:57:13,001 --> 00:57:14,000 AND THE TOOLS WE NEED TO REFORM 1674 00:57:14,001 --> 00:57:17,000 OUR HEALTH CARE SYSTEM. 1675 00:57:17,001 --> 00:57:19,000 WE CAN DO THIS IN A FISCALLY 1676 00:57:19,001 --> 00:57:21,000 RESPONSIBLE WAY BY IMPROVING THE 1677 00:57:21,001 --> 00:57:24,000 WAY WE DELIVER CARE WE CAN 1678 00:57:24,001 --> 00:57:26,000 MAXIMIZE EFFICIENCY AND WE CAN IMPROVE QUALITY. 1679 00:57:26,001 --> 00:57:27,000 AND THIS IS THE TYPE OF REFORM 1680 00:57:27,001 --> 00:57:29,000 ALL AMERICANS DESERVE. 1681 00:57:29,001 --> 00:57:31,000 THIS IS THE TYPE OF REFORM THAT 1682 00:57:31,001 --> 00:57:33,000 WE'RE WORKING ON HERE IN THE 1683 00:57:33,001 --> 00:57:34,000 SENATE AND THIS IS THE TYPE OF 1684 00:57:34,001 --> 00:57:37,000 REFORM THAT I HOPE OUR 1685 00:57:37,001 --> 00:57:40,000 COLLEAGUES WILL ALL SUPPORT. 1686 00:57:40,001 --> 00:57:43,000 THANK YOU VERY MUCH. 1687 00:57:43,001 --> 00:57:44,000 SENA 1688 00:57:44,001 --> 00:57:45,000 TIME BACK TO YOU. THE PRESIDING OFFICER: THE 1689 00:57:45,001 --> 00:57:48,000 SENATOR FROM NORTH CAROLINA. 1690 00:57:48,001 --> 00:57:50,000 MRS. HAGAN: THANK YOU, SENATOR 1691 00:57:50,001 --> 00:57:54,000 SHAHEEN, YOU HAVE MADE IT 1692 00:57:54,001 --> 00:57:57,000 ABUNDANTLY CARE THAT REDUCING 1693 00:57:57,001 --> 00:58:01,000 OVER UTILIZATION OF EMERGENCY 1694 00:58:01,001 --> 00:58:02,000 DEPARTMENTS WE CAN MAXIMIZE 1695 00:58:02,001 --> 00:58:03,000 INEFFICIENCY AND IMPROVE PATIENT 1696 00:58:03,001 --> 00:58:04,000 HEALTH CARE. 1697 00:58:04,001 --> 00:58:06,000 NOW I WOULD LIKE TO YIELD FE 1698 00:58:06,001 --> 00:58:07,000 MINUTES TO MY COLLEAGUE FROM 1699 00:58:07,001 --> 00:58:11,000 VIRGINIA, SENATORARK WARNER, 1700 00:58:11,001 --> 00:58:12,000 TO TALK ABOUT 1701 00:58:12,001 --> 00:58:13,000 REFORMS IN VIRGINIA. 1702 00:58:13,001 --> 00:58:15,000 THE PRESIDING OFFICER: THE 1703 00:58:15,001 --> 00:58:16,000 SENATOR FROM VIRGINIA. 1704 00:58:16,001 --> 00:58:17,000 MR. WARNER: 1705 00:58:17,001 --> 00:58:19,000 COLLEAGUE FROM NORTH CAROLINA 1706 00:58:19,001 --> 00:58:21,000 FOR ORGANIZING THE FRESHMEN ONE 1707 00:58:21,001 --> 00:58:23,000 MORE TIME AS WE'VE COME OUT FOR 1708 00:58:23,001 --> 00:58:25,000 THE LAST FOUR OR FIVE WEEKS IN 1709 00:58:25,001 --> 00:58:27,000 GROUPS OF EIGHT, NINE, 10, 11 1710 00:58:27,001 --> 00:58:28,000 FRESHMEN TO TALK ABOUT OUR 1711 00:58:28,001 --> 00:58:29,000 REVISION FOR HEALTH CARE REFORM. 1712 00:58:29,001 --> 00:58:31,000 WE INVITE OUR COLLEAGUES NOT 1713 00:58:31,001 --> 00:58:32,000 ONLY ON OUR SIDE OF THE AISLE 1714 00:58:32,001 --> 00:58:34,000 BUT OUR COLLEAGUES ACROSS THE 1715 00:58:34,001 --> 00:58:36,000 AISLE TO JOIN US IN THIS 1716 00:58:36,001 --> 00:58:37,000 CONVERSATION ABOUT HOW WE CAN 1717 00:58:37,001 --> 00:58:40,000 MAKE HEALTH CARE REFORM RIGHT. 1718 00:58:40,001 --> 00:58:42,000 I WANT TO COMMEND MY COLLEAGUE 1719 00:58:42,001 --> 00:58:44,000 FROM NEW HAMPSHIRE, SENATOR 1720 00:58:44,001 --> 00:58:47,000 SHAHEEN' 1721 00:58:47,001 --> 00:58:49,000 CAN TRY TO GET THE FINANCIAL 1722 00:58:49,001 --> 00:58:50,000 INCENTIVES RIGHT AROUND HEALTH 1723 00:58:50,001 --> 00:58:52,000 CARE REFM. 1724 00:58:52,001 --> 00:58:54,000 I THINK THAT IT SHOULD BE 1725 00:58:54,001 --> 00:58:55,000 OF ANY OVERALL HEALTH CARE 1726 00:58:55,001 --> 00:58:58,000 REFO 1727 00:58:58,001 --> 00:58:59,000 AND I WANT TO PICK UP WHERE 1728 00:58:59,001 --> 00:59:03,000 SENATOR SHAHEEN LEFT OFF AND 1729 00:59:03,001 --> 00:59:04,000 TALK ABOUT HOW WE 1730 00:59:04,001 --> 00:59:05,000 READJUST OUR FINANCIAL 1731 00:59:05,001 --> 00:59:07,000 INCENTIVES AROUND HEALTH CARE. 1732 00:59:07,001 --> 00:59:08,000 WE'VE GOT THEM ALL WRONG. 1733 00:59:08,001 --> 00:59:11,000 WE'VE GOT A HEALTH CARE SYSTEM 1734 00:59:11,001 --> 00:59:13,000 RIGHT NOW THAT REWARDS BAD PRACTICES. 1735 00:59:13,001 --> 00:59:15,000 WE'VE GOT A HEALTH CARE SYSTEM 1736 00:59:15,001 --> 00:59:16,000 THAT REWARDS A HOSPITAL FOR 1737 00:59:16,001 --> 00:59:18,000 MULTIPLE READMISSIONS OVER A 1738 00:59:18,001 --> 00:59:19,000 HOSPITAL THAT HAS A LOW READMISSION RATE. 1739 00:59:19,001 --> 00:59:21,000 WE HAVE A HEALTH CARE SYSTEM NOW 1740 00:59:21,001 --> 00:59:28,000 THAT REWARDS VOLUME OF CARE 1741 00:59:28,001 --> 00:59:31,000 RATHER THAN QUALITY OF CARE. 1742 00:59:31,001 --> 00:59:33,000 A HEALTH CARE SYSTEM DELIVERY 1743 00:59:33,001 --> 00:59:34,000 REFORM HAS TO BE A KEY COMPONENT 1744 00:59:34,001 --> 00:59:35,000 OF ANY KIND OF HEALTH CARE 1745 00:59:35,001 --> 00:59:36,000 REFORM GOING FORWARD. 1746 00:59:36,001 --> 00:59:37,000 I WANT TO JOIN MY OTHER 1747 00:59:37,001 --> 00:59:40,000 COLLEAGUES. 1748 00:59:40,001 --> 00:59:41,000 I HEARD FROM SENATOR UDALL FROM 1749 00:59:41,001 --> 00:59:42,000 NEW MEXICO AS WELL. 1750 00:59:42,001 --> 00:59:45,000 I WANT TO GO THROUGH THREE 1751 00:59:45,001 --> 00:59:47,000 EXAMPLES IN THE COMMONWEALTH OF VIRGINIA. 1752 00:59:47,001 --> 00:59:50,000 IN 2000, THE V.C.U. HEALTH 1753 00:59:50,001 --> 00:59:52,000 SYSTEM IN RICHARD, OUR CAPITAL, 1754 00:59:52,001 --> 00:59:54,000 DEVELOPED A PROGRAM CALLED 1755 00:59:54,001 --> 00:59:55,000 VIRGINIA COORDINATED CARE, THAT 1756 00:59:55,001 --> 01:00:00,000 MANAGES HEALTH CARE SYSTEM FOR 1757 01:00:00,001 --> 01:00:03,000 THE UNINSURED IN THE SHUFPLD. RICHMOND. 1758 01:00:03,001 --> 01:00:04,000 WHETHER YOU'VE GOT AN UNINSURED 1759 01:00:04,001 --> 01:00:08,000 PERSON IN RICHMOND OR LITTLE 1760 01:00:08,001 --> 01:00:11,000 ROCK, THEY GET TREATED FOR THEIR 1761 01:00:11,001 --> 01:00:13,000 EPISODIC ILLNESS, GO BACK INTO THEIR SITUATION. 1762 01:00:13,001 --> 01:00:15,000 THERE IS NO CONTINUITY OF CARE. 1763 01:00:15,001 --> 01:00:19,000 OFTEN 1764 01:00:19,001 --> 01:00:21,000 SHOW BACK UP BECAUSE HAS BEEN NO 1765 01:00:21,001 --> 01:00:23,000 MANAGEMENT OF THAT INDIVIDUAL'S 1766 01:00:23,001 --> 01:00:25,000 CASE DURING HIS PERIOD OUTSIDE 1767 01:00:25,001 --> 01:00:26,000 OF BEING TREATED FOR THE 1768 01:00:26,001 --> 01:00:28,000 EPISODIC INCIDENT. 1769 01:00:28,001 --> 01:00:30,000 WHAT V.C.U. DEVELOPED WAS A 1770 01:00:30,001 --> 01:00:32,000 PROGRAM THAT ASSIGNED ONE 1771 01:00:32,001 --> 01:00:35,000 PRIMARY CARE PHYSICIAN TO 1772 01:00:35,001 --> 01:00:37,000 OVERSEE EACH UNINSURED PATIENT'S HEALTH. 1773 01:00:37,001 --> 01:00:39,000 THE GOAL WAS TO INCREASE 1774 01:00:39,001 --> 01:00:40,000 COORDINATION BETWEEN DOCTORS AND 1775 01:00:40,001 --> 01:00:41,000 HOSPITALS AND AS A RESULT 1776 01:00:41,001 --> 01:00:44,000 INCREASE ACCOUNTABILITY, IMPROVE 1777 01:00:44,001 --> 01:00:46,000 QUALITY OF CARE AND LOWER COSTS. 1778 01:00:46,001 --> 01:00:49,000 THIS VIRGINIA COORDINATED CARE 1779 01:00:49,001 --> 01:00:50,000 PROGRAM 1780 01:00:50,001 --> 01:00:52,000 FOLKS IN 2000. 1781 01:00:52,001 --> 01:00:53,000 BY 2009 THERE WERE OVER 20,000 1782 01:00:53,001 --> 01:00:54,000 MEMBERS. 1783 01:00:54,001 --> 01:00:56,000 ONE OF THE MOST SIGNIFICANT 1784 01:00:56,001 --> 01:00:57,000 OUTCOMES OF THE PROGRAM WAS A 1785 01:00:57,001 --> 01:01:00,000 SIGNIFICANT DROP IN EMERGENCY 1786 01:01:00,001 --> 01:01:03,000 ROOM VISITS BY ENROLLED PATIENTS. 1787 01:01:03,001 --> 01:01:06,000 BETWEEN 2000 AND 2005, EMERGENCY 1788 01:01:06,001 --> 01:01:07,000 ROOM VISITS DROPPED 14% BY 1789 01:01:07,001 --> 01:01:08,000 HAVING THIS KIND OF CONTINUITY 1790 01:01:08,001 --> 01:01:10,000 OF CARE. 1791 01:01:10,001 --> 01:01:11,000 AS WELL, THESE PATIENTS DIDN'T 1792 01:01:11,001 --> 01:01:14,000 SHOW UP AT OTHER EMERGENCY ROOMS. 1793 01:01:14,001 --> 01:01:16,000 THEY WERE TREATED EARLIER IN THE 1794 01:01:16,001 --> 01:01:18,000 PROGNOSIS O THEIR ILLNESS AND 1795 01:01:18,001 --> 01:01:19,000 FOR AN OVERALL BETTER DELIVERY 1796 01:01:19,001 --> 01:01:20,000 OF HEALTH CARE SYSTEM. 1797 01:01:20,001 --> 01:01:24,000 ANOTHER EXAMPLE TOOK PLACE IN 1798 01:01:24,001 --> 01:01:25,000 ANOTHER END OF OUR STAYS. CENTERA HEALTH CARE IN 1799 01:01:25,001 --> 01:01:30,000 TPHOEFBGT. 1800 01:01:30,001 --> 01:01:32,000 IN 1999, C 1801 01:01:32,001 --> 01:01:34,000 UNITS MONITORED BY A DOCTOR FULL 1802 01:01:34,001 --> 01:01:36,000 TIME HAD LOWER MORTALITY RATES 1803 01:01:36,001 --> 01:01:37,000 THAN THOSE THAT WERE NOT. 1804 01:01:37,001 --> 01:01:41,000 IN ORDER TO IMPROVE THE QUALITY 1805 01:01:41,001 --> 01:01:43,000 OF CARE CENTERA WORKED WITH 1806 01:01:43,001 --> 01:01:45,000 VISICU TO INSTALL WEB-BASED 1807 01:01:45,001 --> 01:01:47,000 CAMERAS IN EACH PATIENT'S ROOM. 1808 01:01:47,001 --> 01:01:48,000 WITH 1809 01:01:48,001 --> 01:01:50,000 PHYSICIAN IN A CENTRAL LOCATION 1810 01:01:50,001 --> 01:01:51,000 CAN FOLLOW P 1811 01:01:51,001 --> 01:01:53,000 ROOMS AT THE SAME TIME. 1812 01:01:53,001 --> 01:01:57,000 AGAIN, THIS KIND OF LODGE CAM 1813 01:01:57,001 --> 01:02:00,000 APPROACH PRODUCED MORE EFFICIENT CARE. 1814 01:02:00,001 --> 01:02:02,000 CENTERA SAW A 25% REDUCTION IN 1815 01:02:02,001 --> 01:02:04,000 MORTALITY, 1% IN LENGTH OF STAY 1816 01:02:04,001 --> 01:02:05,000 AND 150% RETURN ON INVESTMENT IN 1817 01:02:05,001 --> 01:02:09,000 THE PROGRAM. 1818 01:02:09,001 --> 01:02:10,000 AGAIN, TRYING TO BRING A 1819 01:02:10,001 --> 01:02:12,000 DIFFERENT REFORM OF DELIVERY AND 1820 01:02:12,001 --> 01:02:13,000 A DIFFERENT REFORM OF HOW WE PAY. 1821 01:02:13,001 --> 01:02:16,000 PERHAPS THE BEST EXAMPLE AND ONE 1822 01:02:16,001 --> 01:02:18,000 I HOPE OUR OVERALL HEALTH CARE 1823 01:02:18,001 --> 01:02:21,000 REFORM EFFORTS WILL LEAD US TO 1824 01:02:21,001 --> 01:02:23,000 IS BEING PHOLGDED BY A COLIN -- 1825 01:02:23,001 --> 01:02:26,000 MODELED BY A CLINIC IN ROANOKE. 1826 01:02:26,001 --> 01:02:28,000 IT HAS MORE THAN 600 DOCTORS AND 1827 01:02:28,001 --> 01:02:33,000 EIGHT HEALTH CARE ORGANIZATIONS. 1828 01:02:33,001 --> 01:02:36,000 IN 2010, THEY WILL JOIN WITH 1829 01:02:36,001 --> 01:02:39,000 ENGELBERG CENTER AND DARTMOUTH 1830 01:02:39,001 --> 01:02:40,000 INSTITUTE FOR HEALT POLICY TO 1831 01:02:40,001 --> 01:02:42,000 INSTITUTE A NEW HEALTH CARE 1832 01:02:42,001 --> 01:02:43,000 POLICY THAT WILL REWARD 1833 01:02:43,001 --> 01:02:44,000 PROVIDERS FOR IMPROVING PATIENT 1834 01:02:44,001 --> 01:02:45,000 HEALTH CARE OUTCOMES WHILE A 1835 01:02:45,001 --> 01:02:46,000 LOWERING COSTS. 1836 01:02:46,001 --> 01:02:48,000 THIS ACCOUNTABLE CARE 1837 01:02:48,001 --> 01:02:50,000 ORGANIZATION WE HEAR A LOT THESE 1838 01:02:50,001 --> 01:02:52,000 DAYS ABOUT ACCOUNTABLE CARE 1839 01:02:52,001 --> 01:02:53,000 ORGANIZATIONS, WILL ENCOURAGE 1840 01:02:53,001 --> 01:02:54,000 PHYSICIANS, HOSPITALS, INSURANCE 1841 01:02:54,001 --> 01:02:56,000 COMPANIES AND THE GOVERNMENT TO 1842 01:02:56,001 --> 01:02:59,000 WORK TOGETHER TO COORDINATE 1843 01:02:59,001 --> 01:03:01,000 CARE, IMPROVE QUALITY AND REDUCE COSTS. 1844 01:03:01,001 --> 01:03:04,000 UNDER THIS MODEL, PROVIDERS WILL ASSUME GREATER RESPONSIBILITY 1845 01:03:04,001 --> 01:03:06,000 NOT JUST FOR TREATING THE 1846 01:03:06,001 --> 01:03:07,000 PATIENTS' ILLNESS BUT FOR THE 1847 01:03:07,001 --> 01:03:08,000 OVERALL QUALITY AND COST OF CARE 1848 01:03:08,001 --> 01:03:09,000 THEY DELIVER. 1849 01:03:09,001 --> 01:03:11,000 THEY WILL BE INCENTIVIZED TO 1850 01:03:11,001 --> 01:03:26,000 TAKE STEPS TO KEEP THE PATIENTS 1851 01:03:26,001 --> 01:03:27,000 HEALTHY WHILE USING LESS COSTLY 1852 01:03:27,001 --> 01:03:28,000 PROCEDURES. 1853 01:03:28,001 --> 01:03:30,000 THEY ARE MOVING AELG WAY FROM 1854 01:03:30,001 --> 01:03:32,000 OUR CURRENT -- AWAY FROM OUR 1855 01:03:32,001 --> 01:03:34,000 FLAWED SYSTEM, FEE FOR SERVICE. 1856 01:03:34,001 --> 01:03:36,000 SHROPBG WE HAVE A HEALTH CARE 1857 01:03:36,001 --> 01:03:39,000 SYSTEM THAT REWARDS PROVIDERS ON 1858 01:03:39,001 --> 01:03:40,000 THE QUALITY OF CARE THEY 1859 01:03:40,001 --> 01:03:41,000 PRODUCE -- ON THE QUANTITY OF 1860 01:03:41,001 --> 01:03:42,000 CARE RATHER THAN ON THE QUALITY 1861 01:03:42,001 --> 01:03:44,000 OF CARE, WE'RE NEVER GOING TO 1862 01:03:44,001 --> 01:03:45,000 GET HEALTH CARE REFORM RIGHT. 1863 01:03:45,001 --> 01:03:47,000 IF WE DO COORDINATED CE, WE 1864 01:03:47,001 --> 01:03:48,000 CAN HAVE HIGHER QUALITY CARE AT 1865 01:03:48,001 --> 01:03:49,000 LOWER COSTS. 1866 01:03:49,001 --> 01:03:52,000 WE CAN FOCUS ON THE HEALTH OF 1867 01:03:52,001 --> 01:03:55,000 PATIENTS, NOT THE NUMBER OF PROCEDURES. 1868 01:03:55,001 --> 01:03:57,000 AND WE'LL HAVE SMARTER FINANCIAL INCENTIVES. 1869 01:03:57,001 --> 01:03:58,000 WE HAVE TO MAKE THIS DELIVERY 1870 01:03:58,001 --> 01:04:01,000 SYSTEM REFORM AND GETTING THE 1871 01:04:01,001 --> 01:04:02,000 FINANCIAL INCENTIVES RIGHT A KEY 1872 01:04:02,001 --> 01:04:04,000 PART OF HEALTH CARE REFORM. 1873 01:04:04,001 --> 01:04:05,000 I KNOW MY FRESHMEN COLLEAGUES 1874 01:04:05,001 --> 01:04:07,000 STAND READY TO WORK WITH OUR 1875 01:04:07,001 --> 01:04:08,000 COLLEAGUES ON THIS SIDE OF THE AISLE. 1876 01:04:08,001 --> 01:04:09,000 AGAIN, INVITE THE COLLEAGUES 1877 01:04:09,001 --> 01:04:11,000 ON THE OTHER SIDE OF THE AISLE 1878 01:04:11,001 --> 01:04:13,000 TO JOIN US IN THIS EFFORT. 1879 01:04:13,001 --> 01:04:16,000 GETTING IT RIGHT CAN LEAD TO 1880 01:04:16,001 --> 01:04:17,000 IMPROVED QUALITY OF CARE FOR ALL 1881 01:04:17,001 --> 01:04:18,000 AMERICANS. 1882 01:04:18,001 --> 01:04:21,000 IT CAN LEAD TO LOWER COSTS AND 1883 01:04:21,001 --> 01:04:23,000 IT CAN LEAD TO A HEALTHY AMERICA. 1884 01:04:23,001 --> 01:04:25,000 I THANK OUR LEADER FOR TODAY, 1885 01:04:25,001 --> 01:04:26,000 THE SENATOR FROM NORTH CAROLINA, 1886 01:04:26,001 --> 01:04:27,000 FOR GRANTING ME THISIME AND I 1887 01:04:27,001 --> 01:04:29,000 LOOK FORWARD TO WORKING WITH HER 1888 01:04:29,001 --> 01:04:30,000 AND OUR OTHER COLLEAGUES AS WE 1889 01:04:30,001 --> 01:04:33,000 MOVE FORWARD IN THIS DEBATE. 1890 01:04:33,001 --> 01:04:35,000 I YIELD BACK THE BALANCE OF MY TIME. THE PRESIDING OFFICER: THE 1891 01:04:35,001 --> 01:04:36,000 SENATOR FROM NORTH CAROLINA. 1892 01:04:36,001 --> 01:04:37,000 MRS. HAGAN: THANK YOU, SENATOR 1893 01:04:37,001 --> 01:04:40,000 WARNER. 1894 01:04:40,001 --> 01:04:43,000 IT IS OBVIOUS COORDINATED CAR 1895 01:04:43,001 --> 01:04:44,000 WILL ROW 1896 01:04:44,001 --> 01:04:46,000 WHAT YOU DISCUSSED IS SIMILAR TO 1897 01:04:46,001 --> 01:04:48,000 WHAT WE HAVE IN NORTH CAROLINA 1898 01:04:48,001 --> 01:04:49,000 WHERE WE COVER OVER 900,000 1899 01:04:49,001 --> 01:04:50,000 MEDICAL PATIENTS. 1900 01:04:50,001 --> 01:04:53,000 FINALLY, MR. PRESIDENT, I'D LIKE 1901 01:04:53,001 --> 01:04:55,000 TO YIELD FIVE MINUTES TO MY NEW 1902 01:04:55,001 --> 01:04:57,000 COLLEAGUE FROM MASSACHUSETTS, 1903 01:04:57,001 --> 01:04:58,000 SENATOR PAUL KIRK, TO DISCUSS 1904 01:04:58,001 --> 01:04:59,000 KEY NATIONAL INDICATORS. 1905 01:04:59,001 --> 01:05:01,000 THE PRESIDING OFFICER: THE 1906 01:05:01,001 --> 01:05:02,000 SENATOR FROM MASSACHUSETTS. 1907 01:05:02,001 --> 01:05:05,000 MR. KIRK: MR. PRESIDENT, THANK YOU. 1908 01:05:05,001 --> 01:05:08,000 THANK YOU AS WELL TO THE SENATOR 1909 01:05:08,001 --> 01:05:09,000 FROM NORTH CAROLINA FOR THE 1910 01:05:09,001 --> 01:05:12,000 PRIVILEGE TO BE A MEMBER OF HER 1911 01:05:12,001 --> 01:05:14,000 CLASS AND THE CLASS OF 1912 01:05:14,001 --> 01:05:15,000 DISTINGUISHED COLLEAGUES AND 1913 01:05:15,001 --> 01:05:17,000 FRESHMEN AND TO COMMEND HER AS 1914 01:05:17,001 --> 01:05:19,000 WELL FOR HER LEADERSHIP IN THIS 1915 01:05:19,001 --> 01:05:22,000 DISCUSSION THIS MORNING ADDING 1916 01:05:22,001 --> 01:05:27,000 ON TO THE ROLE THE FRESHMAN 1917 01:05:27,001 --> 01:05:28,000 CLASS IS PLAYING IN ADVOCATING 1918 01:05:28,001 --> 01:05:30,000 HETH CARE REFORM FOR THE AMERICAN PEOPLE. 1919 01:05:30,001 --> 01:05:32,000 MR. PRESIDENT, I'D LIKE TO SPEAK 1920 01:05:32,001 --> 01:05:35,000 THIS MORNING ABOUT A KEY 1921 01:05:35,001 --> 01:05:38,000 NATIONAL INDICATORYSTEM. 1922 01:05:38,001 --> 01:05:41,000 AS WE KNOW, AMERICA IS SAID TO 1923 01:05:41,001 --> 01:05:43,000 LEAD THE WORLD IN HEALTH INNOVATION. 1924 01:05:43,001 --> 01:05:44,000 IT CAN CREATE THE FINEST MEDICAL 1925 01:05:44,001 --> 01:05:46,000 DEVICES, THE MOST EFFECTIVE 1926 01:05:46,001 --> 01:05:47,000 DRUGS TO TREAT DISEASES AND 1927 01:05:47,001 --> 01:05:49,000 ADVANCED PROCESSES AND 1928 01:05:49,001 --> 01:05:52,000 PROCEDURES TO CARE FOR PATIENTS. 1929 01:05:52,001 --> 01:05:53,000 IT IS THIS WIDE RANGE OF 1930 01:05:53,001 --> 01:05:58,000 REMARKABLE INNOVATIONS THAT HAS 1931 01:05:58,001 --> 01:06:00,000 RESULTED IN TODAY'S $2.3 1932 01:06:00,001 --> 01:06:03,000 TRILLION HEALTH CARE INDUSTRY. 1933 01:06:03,001 --> 01:06:05,000 BUT DESPITE ALL OUR MEDICAL 1934 01:06:05,001 --> 01:06:07,000 ACHIEVEMENTS AND TECHNOLOGIES 1935 01:06:07,001 --> 01:06:09,000 AND THE PRIVATE AND PUBLIC MONEY 1936 01:06:09,001 --> 01:06:12,000 WE SPEND ON HEALTH CE, WE DO 1937 01:06:12,001 --> 01:06:21,000 NOT LEAD THE WORLD IN HEALTH OUTCOMES. 1938 01:06:21,001 --> 01:06:24,000 WE NEED TO IN-- 1939 01:06:24,001 --> 01:06:29,000 WAY WE -- INNOVATE THE WAY WE 1940 01:06:29,001 --> 01:06:32,000 COMPLEMENT HEALTH CARE POLICY. 1941 01:06:32,001 --> 01:06:34,000 FOR THAT IS THE CREATION OF THE 1942 01:06:34,001 --> 01:06:36,000 KEY NATIONAL INDICATOR SYSTEM. 1943 01:06:36,001 --> 01:06:38,000 WHEN ILLNESS STRIKES, WE EXPECT 1944 01:06:38,001 --> 01:06:39,000 A HEALTH CARE TEAM TO CAREFULLY 1945 01:06:39,001 --> 01:06:41,000 COLLECT INFORMATION FROM THE 1946 01:06:41,001 --> 01:06:43,000 PATIENT AND THEN CONSULT THE 1947 01:06:43,001 --> 01:06:46,000 WIDE R 1948 01:06:46,001 --> 01:06:48,000 AVAILABLE TO THEM TO AKHAOEFT 1949 01:06:48,001 --> 01:06:51,000 APPROPRIATE DYING -- ACHIEVE THE 1950 01:06:51,001 --> 01:06:53,000 APPROPRIATE DIAGNOSIS AND TREATMENT. 1951 01:06:53,001 --> 01:06:54,000 THAT CAREFUL AND COMPLETE 1952 01:06:54,001 --> 01:06:56,000 PROCESS SHOULD YIELD THE BEST 1953 01:06:56,001 --> 01:06:57,000 POIBLE COURSE OF TREATMENT AND RECOVERY. 1954 01:06:57,001 --> 01:06:59,000 WE NEED THE SAME KIND OF 1955 01:06:59,001 --> 01:07:01,000 APPROACH IN THE CREATION OF WISE 1956 01:07:01,001 --> 01:07:04,000 HEALTH CARE POLICY. 1957 01:07:04,001 --> 01:07:07,000 IN PARTICULAR, WE NEED MEASURES 1958 01:07:07,001 --> 01:07:09,000 TO IDENTIFY WHAT IS WRONG WITH 1959 01:07:09,001 --> 01:07:11,000 OUR CURRENT HEALTH CARE SYSTEM, 1960 01:07:11,001 --> 01:07:14,000 INCLUDINWHAT IS DRIVING THE 1961 01:07:14,001 --> 01:07:16,000 INCREASINGLY HIGH COST OF CARE. 1962 01:07:16,001 --> 01:07:18,000 ABUNDANT RESEARCH AND REPORTS 1963 01:07:18,001 --> 01:07:22,000 HAVE ANALYZED SUCH QUESTIONS. 1964 01:07:22,001 --> 01:07:24,000 WHAT IS MISSING IS A CENTRAL 1965 01:07:24,001 --> 01:07:25,000 INDEPENDENT ORGANIZATION THAT 1966 01:07:25,001 --> 01:07:26,000 CAN ANALYZE ALL OF THE RESEARCH 1967 01:07:26,001 --> 01:07:28,000 PERFORMED BY VARIOUS 1968 01:07:28,001 --> 01:07:31,000 ORGANIZATIONS AND MAKE THAT 1969 01:07:31,001 --> 01:07:32,000 INFORMATION 1970 01:07:32,001 --> 01:07:35,000 CONGRESS, TO THE EXECUTIVE 1971 01:07:35,001 --> 01:07:38,000 BRANCH AND THE AMERICAN PEOPLE. 1972 01:07:38,001 --> 01:07:40,000 THAT IS AN INDISPENSABLE PART OF 1973 01:07:40,001 --> 01:07:41,000 SUCCESSFUL HEALTH REFORM. 1974 01:07:41,001 --> 01:07:43,000 IT WILL GIVE DECISION-MAKERS 1975 01:07:43,001 --> 01:07:45,000 EASIER ACCESS TO ALL THE 1976 01:07:45,001 --> 01:07:47,000 KNOWLEDGE AVAILABLE AND 1977 01:07:47,001 --> 01:07:48,000 ELIMINAT WASTEFUL SPENDING OF 1978 01:07:48,001 --> 01:07:52,000 THE HARD-EARNED DOLLARS OF 1979 01:07:52,001 --> 01:07:54,000 AMERICAN FAMILIES. 1980 01:07:54,001 --> 01:07:56,000 SENATORS KENNEDY AND SENATOR 1981 01:07:56,001 --> 01:07:57,000 ENZI IN A STRONG BIPARTISAN 1982 01:07:57,001 --> 01:08:00,000 EFFORT UNDERSTOOD THE NEED FOR 1983 01:08:00,001 --> 01:08:02,000 THIS VITAL RESOURCE AND THEY 1984 01:08:02,001 --> 01:08:04,000 DESIGNED A KEY NATIONAL 1985 01:08:04,001 --> 01:08:08,000 INDICATOR SYSTEM TO PROVIDE IT. 1986 01:08:08,001 --> 01:08:10,000 IT WILL BE A NONPARTISAN 1987 01:08:10,001 --> 01:08:11,000 INDEPENDENT AGENCY WITH A 1988 01:08:11,001 --> 01:08:13,000 PUBLIC-PRIVATE PARTNERSHIP. 1989 01:08:13,001 --> 01:08:14,000 IT WILL FOSTER BETTER RELATIONS 1990 01:08:14,001 --> 01:08:16,000 AND RELATIONSHIPS BETWEEN 1991 01:08:16,001 --> 01:08:18,000 MEMBERS OF THE LEGISLATIVE, 1992 01:08:18,001 --> 01:08:20,000 STATISTICAL AND SCIENTIFIC 1993 01:08:20,001 --> 01:08:21,000 COMMUNITIES AND WILL LEAD TO 1994 01:08:21,001 --> 01:08:23,000 GREATER TRANSPARENCY AND 1995 01:08:23,001 --> 01:08:25,000 ACCOUNTABILITY FOR SPENDING ON 1996 01:08:25,001 --> 01:08:27,000 NATIONAL HEALTH PROGRAMS. 1997 01:08:27,001 --> 01:08:29,000 WITHOUT SUCH A RESOURCE, 1998 01:08:29,001 --> 01:08:33,000 MR. PRESIDENT, WE WILL BE AT A 1999 01:08:33,001 --> 01:08:34,000 SERIOUS DISADVANTAGE AT FULLY 2000 01:08:34,001 --> 01:08:36,000 UNDERSTANDING EMERGING HEALTH 2001 01:08:36,001 --> 01:08:37,000 RISKS AND ASSESSING WHETHER THE 2002 01:08:37,001 --> 01:08:39,000 INTENDED RESULT IS BEING 2003 01:08:39,001 --> 01:08:41,000 ACHIEVED OR ADE 2004 01:08:41,001 --> 01:08:42,000 BEING MADE ON THE HEALTH CARE 2005 01:08:42,001 --> 01:08:44,000 CHALLENGES FACING US. 2006 01:08:44,001 --> 01:08:46,000 THE KEY NATIONAL INDICATOR 2007 01:08:46,001 --> 01:08:49,000 SYSTEM WILL MAKE ALL ITS DATA 2008 01:08:49,001 --> 01:08:51,000 AVAILABLE ON A NEWLY CREATED, 2009 01:08:51,001 --> 01:08:52,000 WIDELY ACCESSIBLE WEB SITE IN 2010 01:08:52,001 --> 01:08:54,000 THE HEALTH CARE CONTEXT. 2011 01:08:54,001 --> 01:08:58,000 THIS UNPRECEDENTED ACCESSIBILITY 2012 01:08:58,001 --> 01:09:00,000 OF DATA WILL ASSIST THE PUBLIC IN UNDERSTANDING WHAT 2013 01:09:00,001 --> 01:09:01,000 INFORMATION WAS USED BY 2014 01:09:01,001 --> 01:09:03,000 POLITICIANS IN CREATING HETH 2015 01:09:03,001 --> 01:09:05,000 CARE POLICY. 2016 01:09:05,001 --> 01:09:07,000 IT WILL ENHANCE POLICY-MAKERS TO 2017 01:09:07,001 --> 01:09:09,000 SEE WHETHER PROGRESS IS BEING 2018 01:09:09,001 --> 01:09:11,000 MADE IN HEALTH REFORM AND IT 2019 01:09:11,001 --> 01:09:12,000 WILL PERMIT PRACTITIONERS AND 2020 01:09:12,001 --> 01:09:13,000 RESEARCHERS TO USE THE 2021 01:09:13,001 --> 01:09:15,000 INFORMATION FOR THE GREATER 2022 01:09:15,001 --> 01:09:18,000 BENEFIT OF PATIENT 2023 01:09:18,001 --> 01:09:19,000 CONSUMERS OF HEALTH AND MEDICAL 2024 01:09:19,001 --> 01:09:20,000 CARE. 2025 01:09:20,001 --> 01:09:22,000 SIGNIFICANT PROGRESS IN THIS 2026 01:09:22,001 --> 01:09:23,000 AREA HAS ALREADY BEEN 2027 01:09:23,001 --> 01:09:24,000 ACCOMPLISHED. 2028 01:09:24,001 --> 01:09:26,000 OVER THE YEARS THE INSTITUTE OF 2029 01:09:26,001 --> 01:09:28,000 MEDICINE HAS BEEN ABLE TO 2030 01:09:28,001 --> 01:09:31,000 IDENTIFY FIVE DRIVERS OF HEALTH 2031 01:09:31,001 --> 01:09:32,000 CARE QUALITY AND COST. 2032 01:09:32,001 --> 01:09:34,000 FIRST, HEALTH OUTCOME 2033 01:09:34,001 --> 01:09:36,000 SECOND, HEALTH-RELATED 2034 01:09:36,001 --> 01:09:38,000 BEHAVIORS. 2035 01:09:38,001 --> 01:09:40,000 THIRD, HEALTH SYSTEM PEFORMANCE. 2036 01:09:40,001 --> 01:09:44,000 FOURTH, SOCIAL AND PHYSICAL ENVIRONMENT. 2037 01:09:44,001 --> 01:09:45,000 AND, FIVE, DEMOGRAPHIC 2038 01:09:45,001 --> 01:09:47,000 DISPARITIES. 2039 01:09:47,001 --> 01:09:49,000 THE INSTITUTE HAS RECOMMENDED 20 2040 01:09:49,001 --> 01:09:52,000 SPECIFIC INDICATORS FOR 2041 01:09:52,001 --> 01:09:54,000 MEASURING THESE FIVE DRIVERS 2042 01:09:54,001 --> 01:09:56,000 HEALTH CARE QUALI 2043 01:09:56,001 --> 01:09:58,000 THESE INDICATORS WERE CAREFULLY 2044 01:09:58,001 --> 01:10:00,000 SELECTED TO REFLECT BOTH THE 2045 01:10:00,001 --> 01:10:02,000 OVERALL HEALTH OF THE NATION AND 2046 01:10:02,001 --> 01:10:05,000 THE EFFICIENCY AND EFFECTIVENESS 2047 01:10:05,001 --> 01:10:09,000 OF OUR HEALTH CARE INDUSTRY. 2048 01:10:09,001 --> 01:10:10,000 HOWEVER, THE INSTITUTE LACKS AN 2049 01:10:10,001 --> 01:10:12,000 IMPLEMENTATION SYSTEM THAT CAN 2050 01:10:12,001 --> 01:10:14,000 USE THESE INDICATORS EFFECTIVELY 2051 01:10:14,001 --> 01:10:16,000 TO GUIDE FUTURE POLICY AND PRACTICE. 2052 01:10:16,001 --> 01:10:19,000 THAT'S THE GOAL AND THAT'S THE 2053 01:10:19,001 --> 01:10:21,000 MISSION OF THE NEW AGENCY, THE 2054 01:10:21,001 --> 01:10:22,000 KEY NATIONAL INDICATOR SYSTEM, 2055 01:10:22,001 --> 01:10:25,000 WE PROPOSED. 2056 01:10:25,001 --> 01:10:27,000 HERE'S ONE EXAMPLE OF HOW THIS 2057 01:10:27,001 --> 01:10:28,000 LEGISLATION WILL IMPROVE OUR 2058 01:10:28,001 --> 01:10:31,000 HEALTH CARE SYSTEM. 2059 01:10:31,001 --> 01:10:35,000 A RECENT STUDY CONDUCTED BY THE 2060 01:10:35,001 --> 01:10:37,000 HARVARD SKAOFL -- SCHOOL OF 2061 01:10:37,001 --> 01:10:39,000 PUBLIC HEALTH FOUND USING A 2062 01:10:39,001 --> 01:10:41,000 CHECKLIST DURING SURGICAL 2063 01:10:41,001 --> 01:10:42,000 PROCEDURES RESULTED IN A 2064 01:10:42,001 --> 01:10:44,000 ONE-THIRD REDUCTION IN 2065 01:10:44,001 --> 01:10:45,000 COMPLICATIONS FROM THAT SURGERY. 2066 01:10:45,001 --> 01:10:46,000 REPORTS SUCH AS THIS ARE MADE 2067 01:10:46,001 --> 01:10:47,000 PUBLIC, BUT YOU HAVE TO KNOW 2068 01:10:47,001 --> 01:10:48,000 WHERE TO LOOK IN ORDER TO ACCESS 2069 01:10:48,001 --> 01:10:49,000 THIS INFORMATION. 2070 01:10:49,001 --> 01:10:51,000 THE KEY NATIONAL INDICATOR 2071 01:10:51,001 --> 01:10:53,000 SYSTEM WILL TAKE THESE REPORTS 2072 01:10:53,001 --> 01:10:54,000 COMPILE THEM AND DISSEMINATE 2073 01:10:54,001 --> 01:10:55,000 THEM AND MAKE THEM AVAILABLE TO 2074 01:10:55,001 --> 01:10:58,000 THE PUBLIC. 2075 01:10:58,001 --> 01:11:00,000 SO ANY TIME A BILL IS BEING DEVELOPED, A CONGRESSIONAL 2076 01:11:00,001 --> 01:11:02,000 OFFICE CAN GO TO THIS WEB SITE 2077 01:11:02,001 --> 01:11:04,000 AND SEE ALL THE RESEARCH THAT 2078 01:11:04,001 --> 01:11:06,000 HAS BEEN CONDUCTED ON A TOPIC IN 2079 01:11:06,001 --> 01:11:08,000 ORDER TO MAKE ECONOMICALLY SOUND 2080 01:11:08,001 --> 01:11:09,000 DECISIONS FOR THE AMERICAN 2081 01:11:09,001 --> 01:11:11,000 PEOPLE. 2082 01:11:11,001 --> 01:11:12,000 CURRENTLY CONGRESS AND THE 2083 01:11:12,001 --> 01:11:14,000 EXECUTIVE BRANCH CONTINUE TO 2084 01:11:14,001 --> 01:11:16,000 FOLLOW OLD HABITS. 2085 01:11:16,001 --> 01:11:18,000 WE TEND TO REINVENT THE WHEEL 2086 01:11:18,001 --> 01:11:19,000 WITH EVERY MAJOR NEW BILL THAT 2087 01:11:19,001 --> 01:11:21,000 IS INTRODUCED. 2088 01:11:21,001 --> 01:11:25,000 THAT APPROACH LEADS TO WASTED 2089 01:11:25,001 --> 01:11:27,000 TIME, WASTED ENERGY AND WASTED MONEY. 2090 01:11:27,001 --> 01:11:29,000 OLD HABITS ARE NOT GOOD ENOUGH 2091 01:11:29,001 --> 01:11:31,000 TO ACHIEVE TOMORROW'S GOALS. 2092 01:11:31,001 --> 01:11:32,000 BY DEVELOPING THIS INDICATOR 2093 01:11:32,001 --> 01:11:35,000 SYSTEM, A PROCESS WILL BE IN 2094 01:11:35,001 --> 01:11:36,000 PLACE SO THAT THE EFFICIENCY AND 2095 01:11:36,001 --> 01:11:39,000 EFFECTIVENESS OF GOVERNMENT 2096 01:11:39,001 --> 01:11:40,000 SPENDING ON SHORT, MEDIUM AND 2097 01:11:40,001 --> 01:11:43,000 LONG-TERM PROBLEMS CAN BE 2098 01:11:43,001 --> 01:11:44,000 DETERMINED QUICKLY AND IN A 2099 01:11:44,001 --> 01:11:46,000 FISCALLY RESPONSIBLE MANNER. 2100 01:11:46,001 --> 01:11:47,000 OUR CURRENT SYSTEM IS 2101 01:11:47,001 --> 01:11:49,000 UNSUSTAINABLE. 2102 01:11:49,001 --> 01:11:51,000 IT CREATES UNNECESSARY CONFUSION 2103 01:11:51,001 --> 01:11:53,000 WHEN AMERICANS CAN LEAST AFFORD IT. 2104 01:11:53,001 --> 01:11:55,000 WE NEED A SYSTEM THAT WILL 2105 01:11:55,001 --> 01:11:57,000 PROVIDE INSIGHT, FORESIGHT, 2106 01:11:57,001 --> 01:12:00,000 TRANSPARENCY AND ACCOUNTABILITY. 2107 01:12:00,001 --> 01:12:02,000 WE WON'T BE DOING OUR JOB, MR. PRESIDENT, FOR THE AMERICAN 2108 01:12:02,001 --> 01:12:04,000 PEOPLE IF WE ALLOW THEIR MONEY 2109 01:12:04,001 --> 01:12:06,000 TO BE SPENT WITHOUT ASSESSING 2110 01:12:06,001 --> 01:12:08,000 THE COST EFFECTIVENESS OF THE 2111 01:12:08,001 --> 01:12:10,000 VARIOUS PROGRAMS BEING DEVELOPED. 2112 01:12:10,001 --> 01:12:12,000 BY CREATING THE KEY NATIONAL 2113 01:12:12,001 --> 01:12:14,000 INDICATOR SYSTEM, WE CAN 2114 01:12:14,001 --> 01:12:16,000 REASSURE ALL AMERICANS THAT WE 2115 01:12:16,001 --> 01:12:18,000 DID OUR REQUIRED DUE DILIGENCE 2116 01:12:18,001 --> 01:12:20,000 AND THAT OUR HEALTH CARE REFORM 2117 01:12:20,001 --> 01:12:22,000 BILL WILL TRULY WORK FOR THEM. 2118 01:12:22,001 --> 01:12:27,000 THANK YOU, MR. PRESIDENT. 2119 01:12:27,001 --> 01:12:28,000 I YIELD THE FLOOR. 2120 01:12:28,001 --> 01:12:29,000 MRS. HAGAN: MR. PRESIDENT? 2121 01:12:29,001 --> 01:12:30,000 THE PRESIDING OFFICER: THE 2122 01:12:30,001 --> 01:12:32,000 SENATOR FROM NORTH CAROLINA. 2123 01:12:32,001 --> 01:12:33,000 MRS. HAGAN: I WANT TO THANK SENATOR KIRK. 2124 01:12:33,001 --> 01:12:36,000 I WANT TO THANK YOU FOR YOUR 2125 01:12:36,001 --> 01:12:39,000 COMMENTS AND THE DISCUSSION ON 2126 01:12:39,001 --> 01:12:41,000 THE NEW TRANSPARENCY AND 2127 01:12:41,001 --> 01:12:42,000 OPENNESS OF THE NEW KEY NATIONAL 2128 01:12:42,001 --> 01:12:43,000 INDICATOR SYSTEM. 2129 01:12:43,001 --> 01:12:45,000 I THINK THIS IS CRITICALLY 2130 01:12:45,001 --> 01:12:47,000 IMPORTANT SO THAT OUR PUBLIC C 2131 01:12:47,001 --> 01:12:49,000 SEE THE PROGRESS THAT WE'RE 2132 01:12:49,001 --> 01:12:52,000 MAKING IN IMPROVING HEALTH 2133 01:12:52,001 --> 01:12:53,000 OUTCOMES, HEALTHY BEHAVIORS AND 2134 01:12:53,001 --> 01:12:54,000 COST EFFECTIVENESS. 2135 01:12:54,001 --> 01:12:56,000 THANK YOU, SENATOR KIRK. 2136 01:12:56,001 --> 01:12:58,000 AND, MR. PRESIDENT, IN THIS LAST 2137 01:12:58,001 --> 01:13:01,000 HOUR WE HAVE HEARD FROM MANY OF 2138 01:13:01,001 --> 01:13:02,000 OUR NEW FRESHMAN COLLEAGUES 2139 01:13:02,001 --> 01:13:03,000 ABOUT THE SUCCESSFUL EFFORTS TO 2140 01:13:03,001 --> 01:13:04,000 REFORM THE WAY WE DELIVER HEALTH 2141 01:13:04,001 --> 01:13:06,000 CARE IN O COUNTRY. 2142 01:13:06,001 --> 01:13:08,000 I WANT TO THANK MY COLLEAGUES 2143 01:13:08,001 --> 01:13:09,000 FOR SHARING THESE IDEAS WITH US. 2144 01:13:09,001 --> 01:13:13,000 AND, MR. PRESIDENT, I YIELD BACK 2145 01:13:13,001 --> 01:13:14,000 OUR 2146 01:13:14,001 --> 01:13:21,000 A SENATOR: MR. PRESIDENT? THE PRESIDING OFFICER: THE 2147 01:13:21,001 --> 01:13:22,000 SENATOR FROM IDAHO. 2148 01:13:22,001 --> 01:13:24,000 MR. CRAPO: THANK YOU. 2149 01:13:24,001 --> 01:13:26,000 I TOO WOULD LIKE TO TALK ABOUT HEALTH CARE. 2150 01:13:26,001 --> 01:13:28,000 THE HOUSE IS PREPARING TO DEBATE 2151 01:13:28,001 --> 01:13:30,000 AND REPORTEDLY VOT BY LATE THIS 2152 01:13:30,001 --> 01:13:31,000 WEEK OR EARLY NEXT WEEK ON A 2153 01:13:31,001 --> 01:13:33,000 MASSIVE NEW HEALTH CARE BILL 2154 01:13:33,001 --> 01:13:36,000 THAT WILL DRAMATICALLY EXPAND 2155 01:13:36,001 --> 01:13:37,000 THE SIZE OF OUR GOVERNMENT, 2156 01:13:37,001 --> 01:13:38,000 DRAMATICALLY INCREASE TAXES AND 2157 01:13:38,001 --> 01:13:39,000 ESTABLISH A 2158 01:13:39,001 --> 01:13:40,000 GOVERNMENT-CONTROLLED INSURANCE 2159 01:13:40,001 --> 01:13:41,000 SYSTEM. 2160 01:13:41,001 --> 01:13:43,000 WHILE IN THE SENATE, WE ARE NOT 2161 01:13:43,001 --> 01:13:45,000 YET CLEARLY AWARE OF WHAT THE 2162 01:13:45,001 --> 01:13:47,000 BILL WE 2163 01:13:47,001 --> 01:13:48,000 BECAUSE IT IS STILL BEING 2164 01:13:48,001 --> 01:13:50,000 CRAFTED BEHIND CLOSED DOORS, WE 2165 01:13:50,001 --> 01:13:52,000 HAVE AN IDEA. 2166 01:13:52,001 --> 01:13:53,000 AND WE'RE PRETTY SURE THAT SOME 2167 01:13:53,001 --> 01:13:55,000 OF THE ELEMENTS THAT ARE GOING 2168 01:13:55,001 --> 01:13:57,000 TO BE INCLUDED IN IT ARE THE 2169 01:13:57,001 --> 01:14:00,000 SAME ELEMENTS THAT WE DEBATED IN 2170 01:14:00,001 --> 01:14:01,000 THE FINANCE COMMITTEE AND THE 2171 01:14:01,001 --> 01:14:02,000 "HELP" COMMITTEE AS THOSE 2172 01:14:02,001 --> 01:14:03,000 COMMITTEES WORKED ON THEIR 2173 01:14:03,001 --> 01:14:04,000 PRODUCT HERE. 2174 01:14:04,001 --> 01:14:05,000 IN THAT CONTEXT, WE EXPECT THAT 2175 01:14:05,001 --> 01:14:08,000 WE WILL SEE ALSO HERE IN THE 2176 01:14:08,001 --> 01:14:10,000 SENATE A MASSIVE NEW EXPANSION 2177 01:14:10,001 --> 01:14:13,000 OF THE SIZE OF GOVERNMENT UP TO 2178 01:14:13,001 --> 01:14:15,000 ANYTHING LIKE WHAT THE FINANCE 2179 01:14:15,001 --> 01:14:17,000 COMMITTEE BILL WAS, WE'LL SEE 2180 01:14:17,001 --> 01:14:19,000 TAXES INCREASED ON THE AMERICAN 2181 01:14:19,001 --> 01:14:21,000 PUBLIC BY OVER $500 BILLION. 2182 01:14:21,001 --> 01:14:23,000 WE'LL SEE CUTS IN MEDICARE, 2183 01:14:23,001 --> 01:14:26,000 WHICH WE DISCUSSED YESTERDAY, OF 2184 01:14:26,001 --> 01:14:27,000 OVER $400 BILLION. 2185 01:14:27,001 --> 01:14:28,000 AND A SIGNIFICANT EXPANSION OF 2186 01:14:28,001 --> 01:14:31,000 THE CONTROL OF THE FEDERAL 2187 01:14:31,001 --> 01:14:32,000 GOVERNMENT. 2188 01:14:32,001 --> 01:14:34,000 OVER OUR HEALTH CARE ECONOMY. 2189 01:14:34,001 --> 01:14:37,000 TODAY I WANT TO FOCUS ON JUST 2190 01:14:37,001 --> 01:14:38,000 THE TAX PIECE OF THIS SITUATION. 2191 01:14:38,001 --> 01:14:39,000 ONE OF THE MOST COMMON 2192 01:14:39,001 --> 01:14:41,000 PROVISIONS THAT WE HAVE SEEN 2193 01:14:41,001 --> 01:14:42,000 HERE IN THE SENATE THAT WE 2194 01:14:42,001 --> 01:14:45,000 CLEARLY EXPECT WILL BE IN THE 2195 01:14:45,001 --> 01:14:47,000 FINAL BILL IS THE PROPOSED 40% 2196 01:14:47,001 --> 01:14:49,000 EXCISE TAX ON HIGH-COST OR 2197 01:14:49,001 --> 01:14:51,000 CADILLAC HEALTH CARE PLANS. 2198 01:14:51,001 --> 01:14:54,000 THIS HAS BEEN DEFINED AS HEALTH 2199 01:14:54,001 --> 01:14:58,000 CARE PLANS THAT ARE VALUED AT 2200 01:14:58,001 --> 01:14:59,000 MORE THAN $8,000 PER -- FOR AN 2201 01:14:59,001 --> 01:15:02,000 INDIVIDUAL OR FOR A FAMILY 2202 01:15:02,001 --> 01:15:04,000 VALUED AT MORE THAN $,000. 2203 01:15:04,001 --> 01:15:06,000 AND IT'S IMPORTANT TO NOTE THAT 2204 01:15:06,001 --> 01:15:08,000 THESE THRESHOLDS ARE NOT INDEXED 2205 01:15:08,001 --> 01:15:10,000 TO THE INCREASING COST OF 2206 01:15:10,001 --> 01:15:11,000 INFLATION, BUT INSTEAD -- EXCUSE 2207 01:15:11,001 --> 01:15:14,000 ME 2208 01:15:14,001 --> 01:15:15,000 INSTEAD ARE INDEXED TO INFLATION 2209 01:15:15,001 --> 01:15:17,000 PLUS ONE. 2210 01:15:17,001 --> 01:15:18,000 WHICH MEANS THAT OVER TIME THIS 2211 01:15:18,001 --> 01:15:21,000 WILL, JUST LIKE THE ALTERNATIVE 2212 01:15:21,001 --> 01:15:23,000 MINIMUM TAX, EAT FURTHER AND 2213 01:15:23,001 --> 01:15:24,000 FURTHER INTO THE AMERICAN 2214 01:15:24,001 --> 01:15:26,000 PUBLIC'S HEALTH CARE PLANS WHICH 2215 01:15:26,001 --> 01:15:27,000 WILL THEN BE TAXED. 2216 01:15:27,001 --> 01:15:31,000 THE JOINT COMMITTEE HAS SCORED 2217 01:15:31,001 --> 01:15:32,000 THIS TAX TO GENERAT 2218 01:15:32,001 --> 01:15:35,000 GENERATE $201 BILLION OF REVENUE 2219 01:15:35,001 --> 01:15:36,000 TO PAY FOR THAT PORTION - 2220 01:15:36,001 --> 01:15:38,000 -- $201 BILLION WORTH OF THE NEW 2221 01:15:38,001 --> 01:15:40,000 FEDERAL SPENDING PROPOSAL. 2222 01:15:40,001 --> 01:15:42,000 AND MANY THINK BECAUSE IT IS 2223 01:15:42,001 --> 01:15:43,000 CALLED AN EXCISE TAX ON HEALTH 2224 01:15:43,001 --> 01:15:44,000 CARE PLANS THAT IT'S NOT GOING 2225 01:15:44,001 --> 01:15:45,000 TO IMPACT THEM. 2226 01:15:45,001 --> 01:15:47,000 BUT THEY'LL BE SURPRISED TO 2227 01:15:47,001 --> 01:15:49,000 LEARN THAT IN MY QUESTIONING OF 2228 01:15:49,001 --> 01:15:52,000 THE JOINT TAX COMMITTEE, WE WERE 2229 01:15:52,001 --> 01:15:53,000 TOLD THAT THE VAST MAJORITY OF 2230 01:15:53,001 --> 01:15:54,000 THIS $201 BILLION TAX IS 2231 01:15:54,001 --> 01:15:57,000 EXPECTED TO BEING COLLECTED 2232 01:15:57,001 --> 01:15:58,000 DIRECTLY FROM THE MIDDLE CLASS 2233 01:15:58,001 --> 01:16:00,000 AMERICANS, INDIVIDUALS WHO WILL 2234 01:16:00,001 --> 01:16:02,000 BE PAYING MORE INCOME TAX AND 2235 01:16:02,001 --> 01:16:04,000 PAYROLL TAX. 2236 01:16:04,001 --> 01:16:05,000 NOW, LET'S FIGURE OUT HOW THAT 2237 01:16:05,001 --> 01:16:06,000 CAN BE. 2238 01:16:06,001 --> 01:16:08,000 IT TURNS OUT THAT AS YOU ANALYZE 2239 01:16:08,001 --> 01:16:11,000 THE WAY THIS TAX IS GOING TO 2240 01:16:11,001 --> 01:16:13,000 WORK OUT, EMPLOYERS WILL -- WHO 2241 01:16:13,001 --> 01:16:14,000 WILL FACE A 40% EXCISE TAX ON 2242 01:16:14,001 --> 01:16:16,000 THE HEALTH CARE THAT THEY 2243 01:16:16,001 --> 01:16:18,000 PROVIDE TO THEIR EMPLOYEES WILL 2244 01:16:18,001 --> 01:16:20,000 BEGIN TO ADJUST THE VALUE OF 2245 01:16:20,001 --> 01:16:21,000 THEIR HEALTH CARE PNS SO THAT 2246 01:16:21,001 --> 01:16:23,000 THEY AVOID THE TAX. 2247 01:16:23,001 --> 01:16:24,000 AS THEY DO SO, THEY WILL REDUCE 2248 01:16:24,001 --> 01:16:27,000 THE HEALTH CARE THAT THEY ARE 2249 01:16:27,001 --> 01:16:28,000 PROVIDING TO THEIR EMPLOYEES AND 2250 01:16:28,001 --> 01:16:30,000 PRESUMABLY, AND WE EXPECT THAT 2251 01:16:30,001 --> 01:16:32,000 THEY WILL, INCREASE THE WAGES 2252 01:16:32,001 --> 01:16:34,000 THAT THEY ARE PAYING TO THEIR 2253 01:16:34,001 --> 01:16:36,000 EMPLOYEES SO THAT THEIR 2254 01:16:36,001 --> 01:16:37,000 EMPLOYEES' NET COMPENSATION IS 2255 01:16:37,001 --> 01:16:39,000 NOT CHANGED. 2256 01:16:39,001 --> 01:16:41,000 THE RESULT OF THAT, THOUGH, IS 2257 01:16:41,001 --> 01:16:42,000 THAT SINCE THE HEALTH CARE 2258 01:16:42,001 --> 01:16:44,000 PORTION OFHE COMPENSATION IS 2259 01:16:44,001 --> 01:16:45,000 NOT TAXED, AND THE INCOME 2260 01:16:45,001 --> 01:16:47,000 PORTION OF A 2261 01:16:47,001 --> 01:16:49,000 COMPENSATION IS TAXED, THAT THE 2262 01:16:49,001 --> 01:16:51,000 EMPLOYEE WILL ACTUALLY PAY 2263 01:16:51,001 --> 01:16:56,000 HIGHER TAXES BOTH ON INCOME AND 2264 01:16:56,001 --> 01:16:59,000 ON PAYROLL TAX LEVELS. 2265 01:16:59,001 --> 01:17:00,000 LET ME GIVE A REAL-WORLD EXAMPLE 2266 01:17:00,001 --> 01:17:01,000 TO DEMONSTRATE THAT WE'RE 2267 01:17:01,001 --> 01:17:04,000 SAYING. 2268 01:17:04,001 --> 01:17:09,000 IN MY STATE OF IDAHO THE CENSUS 2269 01:17:09,001 --> 01:17:12,000 HOUSEHOLD INCOME IS $35,000 A YEAR. 2270 01:17:12,001 --> 01:17:16,000 LET'S TAKE THE EXAMPLE OF A 2271 01:17:16,001 --> 01:17:17,000 SINGLE WOMAN WHO EARNS $60,000 A 2272 01:17:17,001 --> 01:17:18,000 YEAR IN COMPENSATION FROM HER EMPLOYER. 2273 01:17:18,001 --> 01:17:19,000 WE HAVE AN EXAMPLE REPRESENTED 2274 01:17:19,001 --> 01:17:22,000 WITH THIS CHART HERE. 2275 01:17:22,001 --> 01:17:24,000 LET'S ASSUME T 2276 01:17:24,001 --> 01:17:26,000 A $10,000 VALUE HEALTH POLICY. 2277 01:17:26,001 --> 01:17:27,000 SO HER TOTAL COMPENSATION 2278 01:17:27,001 --> 01:17:29,000 PACKAGE FROM HER EMPLOYER IS 2279 01:17:29,001 --> 01:17:33,000 GOING TO BE $60,000. 2280 01:17:33,001 --> 01:17:34,000 $50,000 IN WAGES AND $10,000 IN 2281 01:17:34,001 --> 01:17:35,000 EMPLOYER-PROVIDED HEALTH CARE 2282 01:17:35,001 --> 01:17:39,000 BENEFITS. 2283 01:17:39,001 --> 01:17:41,000 SHE'S TAXED ON $50,000 AND GETS 2284 01:17:41,001 --> 01:17:44,000 THE $10,000 HEALTH CARE BENEFIT 2285 01:17:44,001 --> 01:17:45,000 WITHOUT TAXATION. 2286 01:17:45,001 --> 01:17:46,000 WHAT WILL HAPPEN IN THE BILL, 2287 01:17:46,001 --> 01:17:49,000 THOUGH, AS I'VE ALREADY 2288 01:17:49,001 --> 01:17:50,000 INDICATED, IS THAT THIS TAX -- 2289 01:17:50,001 --> 01:17:53,000 THIS $10,000 HEALTH CARE POLICY 2290 01:17:53,001 --> 01:17:54,000 WILL BE SUBJECT TO A 40% EISE 2291 01:17:54,001 --> 01:17:56,000 TAX. 2292 01:17:56,001 --> 01:17:58,000 AND IN ORDER TO AVOID THAT 2293 01:17:58,001 --> 01:17:59,000 EXCISE TAX THE COMPANY WILL 2294 01:17:59,001 --> 01:18:02,000 SIMPLY REACT BY REDUCING HER 2295 01:18:02,001 --> 01:18:03,000 HEALTH CARE POLICY TO 2296 01:18:03,001 --> 01:18:05,000 BELOW $8,000 AND INCREASE HER 2297 01:18:05,001 --> 01:18:06,000 INCOME. 2298 01:18:06,001 --> 01:18:09,000 LET'S PUT UP THE NEXT CHART TO 2299 01:18:09,001 --> 01:18:11,000 SEE WHAT IS THE VERY LIKELY 2300 01:18:11,001 --> 01:18:14,000 REACTION OF THE EMPLOYER. 2301 01:18:14,001 --> 01:18:16,000 NOT TO PAY THE INSURANCE FEE, AS 2302 01:18:16,001 --> 01:18:19,000 MANY ARE SAYING HERE, BUT SIMPLY 2303 01:18:19,001 --> 01:18:20,000 TO SKIP THAT AND DIRECT HER TAX 2304 01:18:20,001 --> 01:18:22,000 DOLLARS TO THE FEDERAL 2305 01:18:22,001 --> 01:18:24,000 GOVERNMENT. 2306 01:18:24,001 --> 01:18:27,000 IF THIS NEW HIGH-COST PLAN IS TO 2307 01:18:27,001 --> 01:18:29,000 BE ENACTED THE THEORY IS THAT 2308 01:18:29,001 --> 01:18:31,000 HER EMPLOYER WILL MAKE THE 2309 01:18:31,001 --> 01:18:32,000 ADJUSTMENTS TO CHANGE HER 2310 01:18:32,001 --> 01:18:35,000 OVERALL COMPENSATION PACKAGE IN 2311 01:18:35,001 --> 01:18:36,000 A WAY THAT SHE ENDS UP WITH 2312 01:18:36,001 --> 01:18:38,000 HIGHER WAGES. 2313 01:18:38,001 --> 01:18:40,000 LET'S PUT THE NEXT 2314 01:18:40,001 --> 01:18:47,000 SHOW EXACTLY HOW THIS WOULD 2315 01:18:47,001 --> 01:18:48,000 WORK. 2316 01:18:48,001 --> 01:18:50,000 UNDER THIS PROPOSAL HER HEALTH 2317 01:18:50,001 --> 01:18:51,000 CARE BENEFITS ARE GOING TO GO 2318 01:18:51,001 --> 01:18:53,000 DOWN. 2319 01:18:53,001 --> 01:18:55,000 LET'S ASSUME THAT THE COMPANY 2320 01:18:55,001 --> 01:18:57,000 REDUCES HER HEALTH CARE 2321 01:18:57,001 --> 01:19:00,000 FROM $10,000 IN VALUE TO 2322 01:19:00,001 --> 01:19:03,000 THOUSAND INALUE AND GIVES HER 2323 01:19:03,001 --> 01:19:05,000 THE EXTRA $4,000 IN INCOME. 2324 01:19:05,001 --> 01:19:07,000 HER HEALTH CARE BENEFITS WILL GO DOWN. 2325 01:19:07,001 --> 01:19:09,000 SHE'LL PAY MORE TAXES BECAUSE 2326 01:19:09,001 --> 01:19:11,000 SHE HAS $4,000 MORE OF HER 2327 01:19:11,001 --> 01:19:12,000 COMPENSATION PACKAGE SUBJECT TO 2328 01:19:12,001 --> 01:19:14,000 TAXATION AND THE NET VALUE OF 2329 01:19:14,001 --> 01:19:16,000 HER COMPENSATION WILL GO DOWN 2330 01:19:16,001 --> 01:19:18,000 BECAUSE OF HER INCREASED TAXES. 2331 01:19:18,001 --> 01:19:21,000 AND THE RESULT HERE IS THAT WE 2332 01:19:21,001 --> 01:19:25,000 ARE GOING TO SEE MILLIONS OF 2333 01:19:25,001 --> 01:19:26,000 AMERICANS PAY THIS EXCISE TAX 2334 01:19:26,001 --> 01:19:27,000 SQUARELY IN THE CONVENTION OF 2335 01:19:27,001 --> 01:19:30,000 THE PRESIDENT'S PROMISE THAT NO 2336 01:19:30,001 --> 01:19:32,000 INDIVIDUALS WHO MAKE LESS THA 2337 01:19:32,001 --> 01:19:35,000 THAN $200,000 WILL PAY INCOME 2338 01:19:35,001 --> 01:19:37,000 TAXES OR PAYROLL TAXES OR, IN 2339 01:19:37,001 --> 01:19:38,000 THE PRESIDENT'S WORDS, ANY OTHER 2340 01:19:38,001 --> 01:19:40,000 KIND OF TAXES. 2341 01:19:40,001 --> 01:19:42,000 JUST SO THAT WE'RE CLEAR ON 2342 01:19:42,001 --> 01:19:45,000 THIS, THE ESTIMAT 2343 01:19:45,001 --> 01:19:48,000 OF THIS TAX IS GOING TO BE PAID 2344 01:19:48,001 --> 01:19:49,000 BY THOSE WHO ARE EARNING LESS 2345 01:19:49,001 --> 01:19:52,000 THAN $200,000 PER YEAR. 2346 01:19:52,001 --> 01:19:53,000 AS A MATTER OF FACT, IF YOU JUST 2347 01:19:53,001 --> 01:19:58,000 LOOK AT THOSE WHO MAKE LESS THAN 2348 01:19:58,001 --> 01:20:00,000 -- LESS THAN $50,000 PER YEAR, 2349 01:20:00,001 --> 01:20:01,000 WE EXPECT THAT SOMEWHERE IN THE 2350 01:20:01,001 --> 01:20:03,000 NEIGHBORHOOD OF EIGHT MILLION 2351 01:20:03,001 --> 01:20:05,000 AMERICANS WILL FALL INTO THIS CATEGORY. 2352 01:20:05,001 --> 01:20:08,000 IF YOU LOOK AT THE NUMBER WHO 2353 01:20:08,001 --> 01:20:10,000 MAKE LESS THAN $200,000 PER 2354 01:20:10,001 --> 01:20:12,000 YEAR, WE EXPECT THAT THAT NUMBER 2355 01:20:12,001 --> 01:20:14,000 WILL BE ABOVE 25 MILLION 2356 01:20:14,001 --> 01:20:16,000 AMERICANS WHO WILL BE PAYING 2357 01:20:16,001 --> 01:20:19,000 MORE TAXES, BOTH IN 2358 01:20:19,001 --> 01:20:21,000 INCOME TAX, AND RECEIVING LESS 2359 01:20:21,001 --> 01:20:24,000 HEALTH CARE BENEFIT FROM THEIR 2360 01:20:24,001 --> 01:20:26,000 EMPLOYER. 2361 01:20:26,001 --> 01:20:28,000 MR. PRESIDENT, THE NETESULT OF 2362 01:20:28,001 --> 01:20:29,000 THIS IS THAT THE PRESIDENT'S 2363 01:20:29,001 --> 01:20:31,000 PROMISE THAT YOU CAN KEEP YOUR 2364 01:20:31,001 --> 01:20:33,000 HEALTH CARE IF YOU LIKE IT WILL 2365 01:20:33,001 --> 01:20:34,000 NOT BE HONORED BECAUSE OF THIS 2366 01:20:34,001 --> 01:20:36,000 PROVISION. 2367 01:20:36,001 --> 01:20:38,000 PEOPLE WILL SEE NECESSARILY THAT 2368 01:20:38,001 --> 01:20:39,000 THEIR EMPLOYERS WILL BEGIN 2369 01:20:39,001 --> 01:20:41,000 REDUCING THE HEALTH CARE 2370 01:20:41,001 --> 01:20:43,000 PACKAGES TO MAKE THEM FIT THE 2371 01:20:43,001 --> 01:20:45,000 TAX STRUCTURE THAT THIS BILL 2372 01:20:45,001 --> 01:20:46,000 WILL CREATE. 2373 01:20:46,001 --> 01:20:48,000 SECONDLY, THE PRESIDENT'S 2374 01:20:48,001 --> 01:20:51,000 PROMISE THAT IF YOU LIKE -- THAT 2375 01:20:51,001 --> 01:20:54,000 IF YOU MAKE LESS THAN $200,000 2376 01:20:54,001 --> 01:20:56,000 AS AN INDIVIDUAL OR $250,000 AS 2377 01:20:56,001 --> 01:21:00,000 A FAMILY, THAT YOU WILL PAY NO 2378 01:21:00,001 --> 01:21:02,000 TAXES UNDER THIS PROPOSAL. 2379 01:21:02,001 --> 01:21:03,000 YET, AS WE'VE SEEN HERE WITH 2380 01:21:03,001 --> 01:21:05,000 THIS ONE EXAMPLE, AND THERE ARE 2381 01:21:05,001 --> 01:21:08,000 A NUMBER OF OTHER EXAMPLES THAT 2382 01:21:08,001 --> 01:21:11,000 ARE IN THE PROPOSAL THAT'S BEING 2383 01:21:11,001 --> 01:21:12,000 DEVELOPED,N THIS ONE EXAMPLE 2384 01:21:12,001 --> 01:21:13,000 OF $201 BILLION WORTH OF NEW 2385 01:21:13,001 --> 01:21:16,000 TAXES IN THE NEW BILL, THOSE 2386 01:21:16,001 --> 01:21:18,000 MAKING LESS THAN $200,000 WILL 2387 01:21:18,001 --> 01:21:22,000 PAY OVER 80% OF IT. 2388 01:21:22,001 --> 01:21:23,000 AND IT WILL COME DIRECTLY OUT OF THEIR POCKETS IN THEIR 2389 01:21:23,001 --> 01:21:25,000 COENSATION WITH THEIR 2390 01:21:25,001 --> 01:21:26,000 EMPLOYER. 2391 01:21:26,001 --> 01:21:28,000 MR. PRESIDENT, IN THE TIME I 2392 01:21:28,001 --> 01:21:29,000 HAVE LEFT, I WANT TO JUST FOCUS 2393 01:21:29,001 --> 01:21:32,000 ON ONE ADDITIONAL ELEMENT. 2394 01:21:32,001 --> 01:21:36,000 THERE'S ALSO A PROPOSAL TO 2395 01:21:36,001 --> 01:21:38,000 INCREASE THE 2396 01:21:38,001 --> 01:21:39,000 OF HEALTH CARE EXPENSES. 2397 01:21:39,001 --> 01:21:44,000 IN OTHER WORDS, THOSE WHO DEDUCT 2398 01:21:44,001 --> 01:21:46,000 THEIR EXPENSES AND 2399 01:21:46,001 --> 01:21:48,000 DEDUCTIONS CAN TODAY DEDUCT THAT 2400 01:21:48,001 --> 01:21:51,000 PORTION OF THEIR INCOME OVER 7 2401 01:21:51,001 --> 01:21:53,000 PO -- OVER 7.5% OF THEIR INCOME 2402 01:21:53,001 --> 01:21:55,000 REPRESENTED BY THEIR HEALTH CARE EXPENSES. 2403 01:21:55,001 --> 01:21:57,000 THIS BILL WILL INCREASE THAT TO 2404 01:21:57,001 --> 01:21:59,000 10% AND GENERATE $13 BILLION OF 2405 01:21:59,001 --> 01:22:01,000 ADDITIONAL TAXES IN THAT FORMAT. 2406 01:22:01,001 --> 01:22:02,000 WHO IS THE MOST LIKELY TO PAY 2407 01:22:02,001 --> 01:22:04,000 THESE TAXES? 2408 01:22:04,001 --> 01:22:07,000 PEOPLE WHO HAVE RELATIVELY LOW 2409 01:22:07,001 --> 01:22:10,000 HEALTH CARE COSTS ARE GOING TO 2410 01:22:10,001 --> 01:22:12,000 END UP NOT MEETING THAT 7.5% 2411 01:22:12,001 --> 01:22:14,000 THRESHOLD, NOW TO BE BROUGHT TO 2412 01:22:14,001 --> 01:22:16,000 10%, AND PROBABLY WILL NOT BE 2413 01:22:16,001 --> 01:22:19,000 ABLE TO BENEFIT -- WILL NOT BE 2414 01:22:19,001 --> 01:22:20,000 ABLE TO BENEFIT FROM THE DEDUCTIBILITY FROM THEIR HEALTH 2415 01:22:20,001 --> 01:22:22,000 CARE. 2416 01:22:22,001 --> 01:22:24,000 THOSE WHO FACE MEDICAL CRISIS, 2417 01:22:24,001 --> 01:22:26,000 THOSE WHO HAVE HEALTH CARE 2418 01:22:26,001 --> 01:22:29,000 EXPENSES THAT EXCEED THE VALUE 2419 01:22:29,001 --> 01:22:30,000 OF 10% WILL SEE THEIR 2420 01:22:30,001 --> 01:22:31,000 DEDUCTIBILITY REDUCED AGAIN BY 2421 01:22:31,001 --> 01:22:33,000 THESE PROPOSALS. 2422 01:22:33,001 --> 01:22:35,000 THE NET RESULT MILLIONS OF 2423 01:22:35,001 --> 01:22:38,000 AMERICANS MAKING LESS THA 2424 01:22:38,001 --> 01:22:40,000 THAN $200 BILLION -- EXCUSE ME 2425 01:22:40,001 --> 01:22:42,000 -- $200,000 A YEAR WILL PAY MORE 2426 01:22:42,001 --> 01:22:45,000 TAXE TIME IS UP. 2427 01:22:45,001 --> 01:22:47,000 I JUST WANT TO ENCOURAGE US AS 2428 01:22:47,001 --> 01:22:49,000 WE MOVE FORWARD IN THE DEBATE ON 2429 01:22:49,001 --> 01:22:50,000 THIS PROPOSAL TO RECOGNIZE THAT 2430 01:22:50,001 --> 01:22:53,000 THE TAX PROVISIONS CONTAINED IN 2431 01:22:53,001 --> 01:22:57,000 IT IT ARE SQUARELY GOING TO HIT 2432 01:22:57,001 --> 01:22:58,000 THOSE IN THE MIDDLE CLASS. 2433 01:22:58,001 --> 01:23:00,000 THE PRESIDING OFFICER: 2434 01:23:00,001 --> 01:23:03,000 SENATOR FROM IOWA. 2435 01:23:03,001 --> 01:23:05,000 MR. GRASSLEY: I'M SORRY THAT THE 2436 01:23:05,001 --> 01:23:07,000 ACNG 2437 01:23:07,001 --> 01:23:09,000 THE 2438 01:23:09,001 --> 01:23:10,000 TO LISTEN TO ME TWICE ON THIS 2439 01:23:10,001 --> 01:23:13,000 SAME SUBJECT. 2440 01:23:13,001 --> 01:23:15,000 MR. PRESIDENT, MEMBERS O THE 2441 01:23:15,001 --> 01:23:18,000 SENATE, WHEN I'M REFERRING TO A 2442 01:23:18,001 --> 01:23:20,000 BILL, I'M REFERRING TO THE 2443 01:23:20,001 --> 01:23:22,000 2,000-PAGE HOUSE BILL. 2444 01:23:22,001 --> 01:23:25,000 SMALL BUSINESS IS VERY VITAL TO 2445 01:23:25,001 --> 01:23:28,000 THE HEALTH OF OUR ECONOMY. 2446 01:23:28,001 --> 01:23:31,000 THE PRESIDENT AND I AGREE 2447 01:23:31,001 --> 01:23:33,000 70% OF NEW PRIVATE SECTOR JOBS 2448 01:23:33,001 --> 01:23:37,000 ARE CREATED BY SMALL BUSINESS. 2449 01:23:37,001 --> 01:23:40,000 THEY'RE THE SMALL BUSINESS IS 2450 01:23:40,001 --> 01:23:45,000 THE EMPLOYMENT CHAIN MACHINE OF 2451 01:23:45,001 --> 01:23:46,000 THE AMERICAN ECONOMY. 2452 01:23:46,001 --> 01:23:49,000 HOWEVER, WHERE THE PRESI 2453 01:23:49,001 --> 01:23:50,000 I DIFFER, IS THAT I BELIEVE THAT 2454 01:23:50,001 --> 01:23:52,000 SMALL BUSINESS TAXES SHOULD BE 2455 01:23:52,001 --> 01:23:53,000 LOWERED, NOT RAISED, TO GET OUR 2456 01:23:53,001 --> 01:23:56,000 ECONOMY BACK ON TRACK. 2457 01:23:56,001 --> 01:23:59,000 AND YOU'LL SEE IN MY DISCUSSION 2458 01:23:59,001 --> 01:24:00,000 THIS 2,000-PAGE BILL RAISES 2459 01:24:00,001 --> 01:24:03,000 THESE TAXES ON SMALL BUSINESS. 2460 01:24:03,001 --> 01:24:04,000 THE PRESIDENT AND MY C 2461 01:24:04,001 --> 01:24:07,000 ON THE OTHER SIDE OF THE AISLE, 2462 01:24:07,001 --> 01:24:14,000 HAVE PROPOSED INCREASING THE TOP 2463 01:24:14,001 --> 01:24:16,000 MARGINAL TAX RATES FROM 2464 01:24:16,001 --> 01:24:18,000 39.6%, RESPECTFULLY, AND YOU CAN 2465 01:24:18,001 --> 01:24:24,000 SEE THAT ON THE CHART HERE UNDER 2466 01:24:24,001 --> 01:24:26,000 THE PROPOSED OBAMA BUDGET. 2467 01:24:26,001 --> 01:24:29,000 39.6% IS WHERE THEY WOULD RAISE THEM. 2468 01:24:29,001 --> 01:24:31,000 THEY HAVE ALSO PROPOSED 2469 01:24:31,001 --> 01:24:35,000 INCREASING THE TAX RATES ON 2470 01:24:35,001 --> 01:24:37,000 CAPITAL GAINS AND DIVIDENDS TO 2471 01:24:37,001 --> 01:24:42,000 20% AND PROVIDING FOR AN ESTATE 2472 01:24:42,001 --> 01:24:46,000 TAX RATE AS HIGH AS 45% AND AN 2473 01:24:46,001 --> 01:24:47,000 EXEMPTION OF THAT ESTATE 2474 01:24:47,001 --> 01:24:49,000 OF $3.5 MILLION. 2475 01:24:49,001 --> 01:24:50,000 ALSO THE PRESIDENT AND 2476 01:24:50,001 --> 01:24:55,000 CONGRESSIONAL DEMOCRATS HAVE 2477 01:24:55,001 --> 01:24:58,000 CALLED FOR FULLY REINSTATING THE 2478 01:24:58,001 --> 01:25:01,000 PERSONAL EXEMPTION PHASEOUT AND 2479 01:25:01,001 --> 01:25:04,000 PERSONAL EXEMPTION PHASEOUT, 2480 01:25:04,001 --> 01:25:06,000 P.E.P., I'M GOING TO REFER TO AS P.E.P. 2481 01:25:06,001 --> 01:25:08,000 AND THEY WOULD DO THAT FOR THOSE 2482 01:25:08,001 --> 01:25:12,000 MAKE MORE THAN $200,000 A YEAR. 2483 01:25:12,001 --> 01:25:15,000 IN ADDITION, THEY HAVE CALLED 2484 01:25:15,001 --> 01:25:17,000 FOR FULLY REINSTATING THE 2485 01:25:17,001 --> 01:25:22,000 LIMITATION ON ITEMIZED 2486 01:25:22,001 --> 01:25:26,000 DEDUCTIONS, WHICH IS KNOWN AS 2487 01:25:26,001 --> 01:25:29,000 P.E.A.S.E. -- PEASE, AFTER A 2488 01:25:29,001 --> 01:25:32,000 FORMER CONGRESSMAN FROM OHIO, 2489 01:25:32,001 --> 01:25:36,000 FOR THOSE ALSO MAKING OVE OVER $200,000. 2490 01:25:36,001 --> 01:25:40,000 SO UNDER THE 2001 TAX LAW, 2491 01:25:40,001 --> 01:25:42,000 P.E.P. AND PEASE ARE SCHEDULED 2492 01:25:42,001 --> 01:25:43,000 TO BE COMPLETELY PHASED OUT IN 2493 01:25:43,001 --> 01:25:46,000 2010. 2494 01:25:46,001 --> 01:25:49,000 THAT MEANS THE TAX RATE FOR 2495 01:25:49,001 --> 01:25:50,000 CURRENT 2496 01:25:50,001 --> 01:25:54,000 GO UP, AS YOU CAN SEE ON THE 2497 01:25:54,001 --> 01:25:55,000 CHART HERE, TO 41%. 2498 01:25:55,001 --> 01:25:59,000 FOR THE VAST MAJORITY OF PEOPLE 2499 01:25:59,001 --> 01:26:05,000 WHO EARN LESS THAN $200,000, 2500 01:26:05,001 --> 01:26:10,000 RAISING TAXES ON A HIGH EARNER 2501 01:26:10,001 --> 01:26:12,000 MIGHT NOT SOW SOUND SO BAD. 2502 01:26:12,001 --> 01:26:13,000 HOWEVER, THIS MEANS SO MANY 2503 01:26:13,001 --> 01:26:15,000 SMALL BUSINESSES WILL BE HIT 2504 01:26:15,001 --> 01:26:17,000 WITH A HIGHER TAX BILL. 2505 01:26:17,001 --> 01:26:20,000 AND FROM THE STANDPOINT FROM 2506 01:26:20,001 --> 01:26:22,000 WHERE THEY CREATE 70% OF THE NEW 2507 01:26:22,001 --> 01:26:24,000 JOBS, THAT IS BAD NOT JUST FOR 2508 01:26:24,001 --> 01:26:26,000 THOSE TAXPAYERS, THAT'S BAD FOR 2509 01:26:26,001 --> 01:26:29,000 THE ENTIRE ECONOMY. 2510 01:26:29,001 --> 01:26:31,000 AS IF THIS WASN'T BAD ENOUGH FOR 2511 01:26:31,001 --> 01:26:32,000 SMALL BUSINESS, THE TAX 2512 01:26:32,001 --> 01:26:35,000 INCREASES I'VE ALREADY TALKED 2513 01:26:35,001 --> 01:26:40,000 ABOUT, THE HOUSE DEMOCRATS IN 2514 01:26:40,001 --> 01:26:41,000 THIS 2515 01:26:41,001 --> 01:26:45,000 CARE REFORM BILL,AVE PROPOSE 2516 01:26:45,001 --> 01:26:50,000 ADD NEW SURTAX OF $5.04%. 2517 01:26:50,001 --> 01:26:53,000 WITH THIS 2518 01:26:53,001 --> 01:26:58,000 OF FOUR IN THE TOP BRACKET WILL 2519 01:26:58,001 --> 01:27:01,000 PAY A MARGINAL TAX RATE OF 46.4% 2520 01:27:01,001 --> 01:27:04,000 BY THE YEAR 2011. 2521 01:27:04,001 --> 01:27:07,000 SO, YOU SEE, YOU GO FROM CURRENT 2522 01:27:07,001 --> 01:27:10,000 LAW OF 35% TO AUTOMATICALLY, IF 2523 01:27:10,001 --> 01:27:14,000 CONGRESS DOESN'T INTERVENE, TO 2524 01:27:14,001 --> 01:27:19,000 39.6%, AND THEN ELIMINATE THE 2525 01:27:19,001 --> 01:27:22,000 P.E.P. AND 2526 01:27:22,001 --> 01:27:28,000 DO WHAT THE HOUSE DEMOCRATS WANT 2527 01:27:28,001 --> 01:27:30,000 TO 2528 01:27:30,001 --> 01:27:32,000 RATE, VERY, VERY HIGH, AND VERY, 2529 01:27:32,001 --> 01:27:33,000 VERY NEGATIVE TO EMPLOYMENT BY 2530 01:27:33,001 --> 01:27:37,000 SMALL BUSINESS. 2531 01:27:37,001 --> 01:27:39,000 THIS TAX CHANGE WOULD RESULT 2532 01:27:39,001 --> 01:27:43,000 CUMULATIVE IN AN INCREASE OF 2533 01:27:43,001 --> 01:27:46,000 MARGINAL TAX RATES OF 33%. 2534 01:27:46,001 --> 01:27:50,000 33% INCREASE OVER WHAT TAXES 2535 01:27:50,001 --> 01:27:55,000 PEOPLE ARE PAYING RIGHT 2536 01:27:55,001 --> 01:27:57,000 OWNERS O 2537 01:27:57,001 --> 01:28:00,000 BUSINESSES, WHETHER REGULAR, 2538 01:28:00,001 --> 01:28:03,000 WHICH COULD BE -- YOU CAN ALSO 2539 01:28:03,001 --> 01:28:05,000 HAVE SO-CALLED C-CORPORATIONS OR 2540 01:28:05,001 --> 01:28:08,000 OTHER ENTITIES THAT RECEIVE 2541 01:28:08,001 --> 01:28:11,000 DIVIDENDS OR REALIZE CAPITAL 2542 01:28:11,001 --> 01:28:13,000 GAINS WOULD FACE A 25% RATE 2543 01:28:13,001 --> 01:28:18,000 INCREASE UNDER THIS HOUSE BILL. 2544 01:28:18,001 --> 01:28:22,000 SO YOU HAVE A 15% 2545 01:28:22,001 --> 01:28:28,000 RATE TODAY AND ON DIVIDENDS 2546 01:28:28,001 --> 01:28:30,000 GOING UP ALMOST 70% 2547 01:28:30,001 --> 01:28:35,000 JANUARY 1, 2011. 2548 01:28:35,001 --> 01:28:38,000 NO 2549 01:28:38,001 --> 01:28:42,000 ARE PRETTY IMPORTANT. 2550 01:28:42,001 --> 01:28:44,000 CANDIDATE OBAMA CAMPANED ON 2551 01:28:44,001 --> 01:28:46,000 EVERYONE IN AMERICA -- EVERYONE, 2552 01:28:46,001 --> 01:28:48,000 WOULD PAY LOWER TAXES THAN THEY 2553 01:28:48,001 --> 01:28:50,000 ULD UNDER RATES BILL CLINTON 2554 01:28:50,001 --> 01:28:51,000 HAD IN THE 1990'S. 2555 01:28:51,001 --> 01:28:53,000 END OF QUOTE. 2556 01:28:53,001 --> 01:28:54,000 THAT'S QUITE A PROMISE. 2557 01:28:54,001 --> 01:28:56,000 THAT'S GOOD FOR BUSINESS 2558 01:28:56,001 --> 01:28:58,000 LOWER THAN HAD. 2559 01:28:58,001 --> 01:29:02,000 THE SMALL 2560 01:29:02,001 --> 01:29:04,000 PROPOSED BY THE HOUSE DEMOCRATS, 2561 01:29:04,001 --> 01:29:06,000 HOWEVER, VIOLATE PRESIDENT 2562 01:29:06,001 --> 01:29:08,000 OBAMA'S PLEDGE THAT HE MADE AS A 2563 01:29:08,001 --> 01:29:09,000 CANDIDATE. 2564 01:29:09,001 --> 01:29:12,000 THEREFORE, I WANT YOU TO KNOW 2565 01:29:12,001 --> 01:29:15,000 THAT I STAND WITH PRESIDENT 2566 01:29:15,001 --> 01:29:17,000 OBAMA IN OPPOSING THE SMALL 2567 01:29:17,001 --> 01:29:21,000 BUSINESS SURTAX PROPOSED BY T 2568 01:29:21,001 --> 01:29:23,000 HOUSE DEMOCRATS IN THIS BILL -- 2569 01:29:23,001 --> 01:29:25,000 THIS 2,0 2570 01:29:25,001 --> 01:29:26,000 NOW ACCORDING TO THE NATIONAL 2571 01:29:26,001 --> 01:29:27,000 FEDERATION OF INDEPENDENT 2572 01:29:27,001 --> 01:29:30,000 BUSINESSES, AND THEY MAKE A 2573 01:29:30,001 --> 01:29:31,000 SURVEY, AND THEIR DATA SHOW 50% 2574 01:29:31,001 --> 01:29:36,000 OF THE OWNERS OF SMALL 2575 01:29:36,001 --> 01:29:38,000 BUSINESSES THAT EMP 2576 01:29:38,001 --> 01:29:41,000 WORKERS WOULD FALL INTO THE TOP BRACKET. 2577 01:29:41,001 --> 01:29:45,000 SO THE RED 2578 01:29:45,001 --> 01:29:48,000 BAR HAOERBGS 50% OF -- BAR HERE, 2579 01:29:48,001 --> 01:29:50,000 50% OF ALL SMALL EMPLOYERS FALL 2580 01:29:50,001 --> 01:29:51,000 INTO THAT BRACKET. 2581 01:29:51,001 --> 01:29:52,000 ACCORDING TO SMALL BUSINESS 2582 01:29:52,001 --> 01:29:54,000 ADMINISTRATION, ABOUT TWO-THIRDS 2583 01:29:54,001 --> 01:29:57,000 OF THE NATION'S SMALL BUSINESS 2584 01:29:57,001 --> 01:30:00,000 WORKERS ARE EMPLOYED BY SMALL 2585 01:30:00,001 --> 01:30:02,000 BUSINESSES WITH 20 TO EMPLOYEES. 2586 01:30:02,001 --> 01:30:04,000 DO WE REALLY WANT TO RAISE TAXES 2587 01:30:04,001 --> 01:30:07,000 ON THESE SMALL BUSINESSES THAT 2588 01:30:07,001 --> 01:30:10,000 CREATE NEW JOBS AND EMPLOY 2589 01:30:10,001 --> 01:30:11,000 TWO-THIRDS OF THE SMALL 2590 01:30:11,001 --> 01:30:13,000 BUSINESSES? 2591 01:30:13,001 --> 01:30:14,000 IN HIS RADIO ADDRESS A FEW 2592 01:30:14,001 --> 01:30:17,000 MONTHS AGO, THE PRESIDENT NOTED 2593 01:30:17,001 --> 01:30:19,000 THAT SMALL BUSINESSES ARE HURTING. 2594 01:30:19,001 --> 01:30:21,000 AND THEY ARE HURTING BECAUSE 2595 01:30:21,001 --> 01:30:22,000 WE'RE HELPING WALL STREET BUT WE 2596 01:30:22,001 --> 01:30:24,000 AREN'T HELPING MAIN STREET WITH 2597 01:30:24,001 --> 01:30:25,000 ALL THE THINGS WE'RE DOING HERE 2598 01:30:25,001 --> 01:30:27,000 IN CONGRESS. 2599 01:30:27,001 --> 01:30:29,000 AND, OF COURSE, THERE'S NO 2600 01:30:29,001 --> 01:30:32,000 ARGUMENT FROM THIS SIDE OF THE 2601 01:30:32,001 --> 01:30:33,000 AISLE ON THAT POINT. 2602 01:30:33,001 --> 01:30:35,000 PRESIDENT OBAMA RECOGNIZED IN 2603 01:30:35,001 --> 01:30:37,000 THAT SPEECH THE CREDIT CRUNCH ON 2604 01:30:37,001 --> 01:30:39,000 SMALL BUSINESSES CONTINUES 2605 01:30:39,001 --> 01:30:43,000 DESPITE HUNDREDS OF BILLIONS OF 2606 01:30:43,001 --> 01:30:44,000 BAILOUTS FOR BIG BANKS. 2607 01:30:44,001 --> 01:30:46,000 WITH THESE SMALL BUSINESSES 2608 01:30:46,001 --> 01:30:49,000 ALREADY SUFFERING FROM THE 2609 01:30:49,001 --> 01:30:52,000 CREDIT CRUNCH, DO WE REALLY WANT 2610 01:30:52,001 --> 01:30:56,000 TO THINK IT'S WISE TO HIT THEM 2611 01:30:56,001 --> 01:30:59,000 WITH A DOUBLE WHAMMY OF A 33% 2612 01:30:59,001 --> 01:31:00,000 IN 2613 01:31:00,001 --> 01:31:01,000 RATES? 2614 01:31:01,001 --> 01:31:04,000 JUST YESTERDAY WE RECEIVED DATA 2615 01:31:04,001 --> 01:31:05,000 FROM THE 2616 01:31:05,001 --> 01:31:08,000 CONGRESSIONAL TAX SCOREKEEPERS, 2617 01:31:08,001 --> 01:31:11,000 THE JOINT COMMITTEE ON TAXATION, 2618 01:31:11,001 --> 01:31:15,000 THAT SAID THAT $1 OUT OF EVERY 2619 01:31:15,001 --> 01:31:17,000 $3 RAISED BY THE MASSIVE $461 2620 01:31:17,001 --> 01:31:19,000 BILLION HOUSE SURTAX -- AND 2621 01:31:19,001 --> 01:31:21,000 THAT'S IN THIS 2,000-PAGE 2622 01:31:21,001 --> 01:31:26,000 BILL -- IT WOULD COME FROM SMALL BUSINESS. 2623 01:31:26,001 --> 01:31:27,000 AND THAT'S CONSERVATIVE. 2624 01:31:27,001 --> 01:31:29,000 A VERY 2625 01:31:29,001 --> 01:31:30,000 BECAUSE OTHER KINDS OF INCOME 2626 01:31:30,001 --> 01:31:31,000 THAT THESE BUSINESS OWNERS 2627 01:31:31,001 --> 01:31:33,000 RECEIVE SUCH AS CAPITAL GAINS 2628 01:31:33,001 --> 01:31:35,000 AND DIVIDENDS, AREN'T INCLUDED 2629 01:31:35,001 --> 01:31:37,000 IN THAT FIGURE. 2630 01:31:37,001 --> 01:31:39,000 IF THE PROPONENTS OF THE 2631 01:31:39,001 --> 01:31:42,000 MARGINAL RATE INCREASES ON SMALL 2632 01:31:42,001 --> 01:31:45,000 BUSINESS OWNERS AGREE THAT A 33% 2633 01:31:45,001 --> 01:31:47,000 TAX INCREASE FOR HALF -- HALF -- 2634 01:31:47,001 --> 01:31:50,000 OF THE SMALL BUSINESSES THAT 2635 01:31:50,001 --> 01:31:53,000 EMPLOY TWO-THIRDS OF ALL SMALL 2636 01:31:53,001 --> 01:31:55,000 BUSINESS WORKERS IS NOT WISE, 2637 01:31:55,001 --> 01:31:58,000 THEN THEY SHOULD EITHER OPPE 2638 01:31:58,001 --> 01:32:01,000 THESE TAX INCREASES OR PRESENT 2639 01:32:01,001 --> 01:32:02,000 DATA THAT SHOW DIFFERENT 2640 01:32:02,001 --> 01:32:05,000 RESULTS. 2641 01:32:05,001 --> 01:32:09,000 THIS HOUSE BILL OF 2,000 PAGES 2642 01:32:09,001 --> 01:32:11,000 HERE AND THE SURTAX INCLUDED IN 2643 01:32:11,001 --> 01:32:14,000 IT PILES ON THE HEAVY TAXES 2644 01:32:14,001 --> 01:32:16,000 SMALL BUSINESSES WILL 2645 01:32:16,001 --> 01:32:18,000 IN A 2646 01:32:18,001 --> 01:32:20,000 ARE STRUGGLING TO STAY AFLOAT, 2647 01:32:20,001 --> 01:32:22,000 DOES THIS MAKE SENSE TO IMPOSE 2648 01:32:22,001 --> 01:32:25,000 THE ADDITIONAL BURDEN ON THEM BY 2649 01:32:25,001 --> 01:32:27,000 RAISING THEIR TAXES? 2650 01:32:27,001 --> 01:32:28,000 ODDS ARE THEY'LL CUT S 2651 01:32:28,001 --> 01:32:31,000 IN OTHER WORDS, THE SMALL 2652 01:32:31,001 --> 01:32:34,000 BUSINESSES WILL CUT SPENDING. 2653 01:32:34,001 --> 01:32:36,000 THEY'LL CANCELING ORDERS FOR NEW 2654 01:32:36,001 --> 01:32:38,000 EQUIPMENT, CUT HEALTH INSURANCE 2655 01:32:38,001 --> 01:32:41,000 FOR 2656 01:32:41,001 --> 01:32:43,000 AND LAY OFF PEOPLE. 2657 01:32:43,001 --> 01:32:46,000 INSTEAD OF SEEKING TO RAISE 2658 01:32:46,001 --> 01:32:47,000 TAXES ON THOSE WHO CREATE JOBS 2659 01:32:47,001 --> 01:32:51,000 IN OUR ECONOMY, OUR POLICIES 2660 01:32:51,001 --> 01:32:54,000 NEED TO FOCUS 2661 01:32:54,001 --> 01:32:57,000 EXCESSIVE FACTION AND REGULATORY 2662 01:32:57,001 --> 01:32:58,000 BARRIERS -- EXCESSIVE TAX AND 2663 01:32:58,001 --> 01:33:00,000 REGULATORY BARRIERS THAT STAND 2664 01:33:00,001 --> 01:33:02,000 IN THE WAY OF SMALL BUSINESSES 2665 01:33:02,001 --> 01:33:05,000 MAKING 2666 01:33:05,001 --> 01:33:06,000 PRODUCTION AND CREATING 2667 01:33:06,001 --> 01:33:08,000 SUSTAINABLE JOBS. 2668 01:33:08,001 --> 01:33:10,000 ONE MORE MINUTE, MR. PRESIDENT? 2669 01:33:10,001 --> 01:33:11,000 THE PRESIDING OFFICER: WITHOUT OBJECTION. 2670 01:33:11,001 --> 01:33:14,000 MR. GRASSLEY: CREATING 2671 01:33:14,001 --> 01:33:17,000 SUSTAINABLE JOBS, WHICH IS WHAT 2672 01:33:17,001 --> 01:33:19,000 I REFER TO AS SMALL BUSINESS 2673 01:33:19,001 --> 01:33:21,000 BEING THE JOB-CREATING MIRACLE 2674 01:33:21,001 --> 01:33:23,000 OF OUR ECONOMY. 2675 01:33:23,001 --> 01:33:25,000 SO I WANT YOU TO KNOW, 2676 01:33:25,001 --> 01:33:28,000 REGARDLESS OF THIS 2,000-PAGE 2677 01:33:28,001 --> 01:33:30,000 HOUSE BILL, WITH THESE BIG TAX 2678 01:33:30,001 --> 01:33:32,000 INCREASES IN IT, I WILL CONTINUE 2679 01:33:32,001 --> 01:33:35,000 TO FIGHT TO PREVENT A DRAMATIC 2680 01:33:35,001 --> 01:33:36,000 TAX INCREASE ON OUR NATION'S JOB 2681 01:33:36,001 --> 01:33:37,000 ENGINE, THE SMALL BUSINESS OF 2682 01:33:37,001 --> 01:33:39,000 AMERICA. 2683 01:33:39,001 --> 01:33:44,000 I HOPE MY FRIENDS ON T OTHER 2684 01:33:44,001 --> 01:33:45,000 SIDE OF THE ACCORDINGLY. 2685 01:33:45,001 --> 01:33:47,000 AND I ASK UNANIMOUS CONSENT, 2686 01:33:47,001 --> 01:33:49,000 MR. PRESIDENT, IF I COULD PUT IN 2687 01:33:49,001 --> 01:33:51,000 THE RECORD A STATEMENT FROM THE 2688 01:33:51,001 --> 01:33:54,000 JOINT COMMITTEE ON TAXATION BACKING UP SOME OF THE FIGURES 2689 01:33:54,001 --> 01:33:56,000 THAT I USED IN MY SPEECH. 2690 01:33:56,001 --> 01:34:00,000 THE PRESIDING OFFICER OBJECTION. 2691 01:34:00,001 --> 01:34:03,000 MR. GRASSLEY: I YIELD THE FLOOR. THE PRES 2692 01:34:03,001 --> 01:34:04,000 SENATOR FROM INDIANA. 2693 01:34:04,001 --> 01:34:06,000 MR. LUGAR: MR. PRESIDENT, I 2694 01:34:06,001 --> 01:34:08,000 SE TO SPEAK ON SENATE BILL 2695 01:34:08,001 --> 01:34:10,000 27, THE START 1 TREATY 2696 01:34:10,001 --> 01:34:13,000 INSPECTION AND MONITORING 2697 01:34:13,001 --> 01:34:15,000 PROTOCOL CONTINUATION ACT OF 2698 01:34:15,001 --> 01:34:16,000 2009, WHICH I INTRODUCED 2699 01:34:16,001 --> 01:34:17,000 YESTERDAY. 2700 01:34:17,001 --> 01:34:19,000 THIS BILL PROVIDES AUTHORITY 2701 01:34:19,001 --> 01:34:22,000 THAT WOULD ALLOW THE PRESIDENT 2702 01:34:22,001 --> 01:34:25,000 OF THE UNITED STATES TO EXTEND 2703 01:34:25,001 --> 01:34:27,000 ON A RECIPROCAL BASIS PRIVILEGES 2704 01:34:27,001 --> 01:34:29,000 AND IMMUNITIES TO RUSSIAN ARMS 2705 01:34:29,001 --> 01:34:31,000 INSPECTION TEAMS THAT MAY COME 2706 01:34:31,001 --> 01:34:33,000 TO THE UNITED STATES TO CARRY 2707 01:34:33,001 --> 01:34:36,000 OUT INSPECTIONS PERMITTED UNDER 2708 01:34:36,001 --> 01:34:37,000 THE STRATEGIC ARMS-REDUCTION 2709 01:34:37,001 --> 01:34:40,000 TREATY, OR START 1. 2710 01:34:40,001 --> 01:34:43,000 THIS BILL IS NECESSARY BECAUSE 2711 01:34:43,001 --> 01:34:46,000 ON DECEMBER 5, ONE 2712 01:34:46,001 --> 01:34:47,000 TODAY, THE START 1 TREATY WILL 2713 01:34:47,001 --> 01:34:50,000 EXPIRE. 2714 01:34:50,001 --> 01:34:53,000 THIS TREATY SIGNED IN 1991 IS 2715 01:34:53,001 --> 01:34:55,000 OBSCURE TO MANY IN THE SENATE. 2716 01:34:55,001 --> 01:34:58,000 ONLY 26 CURRENT SENATORS WERE 2717 01:34:58,001 --> 01:35:00,000 SERVING AT THE TIME WE VOTED ON 2718 01:35:00,001 --> 01:35:02,000 THE RESOLUTION OF RATIFICATION 2719 01:35:02,001 --> 01:35:05,000 IN OCTOBER 1992. 2720 01:35:05,001 --> 01:35:06,000 BUT THE START 1 TREATY HAS BEEN 2721 01:35:06,001 --> 01:35:08,000 VITALLY IMPORTANT TO ARMS 2722 01:35:08,001 --> 01:35:11,000 CONTROL EFFORTS UP TO THE 2723 01:35:11,001 --> 01:35:14,000 PRESENT DAY, BECAUSE IT CONTAINS 2724 01:35:14,001 --> 01:35:17,000 A COMPREHENSIVE VERIFICATION 2725 01:35:17,001 --> 01:35:18,000 REGIME THAT UNDERGIRDS EVERY 2726 01:35:18,001 --> 01:35:19,000 EXISTING UNITED STATES-RUSSIAN 2727 01:35:19,001 --> 01:35:22,000 TREATY THAT DEALS WITH STRATEGIC 2728 01:35:22,001 --> 01:35:23,000 ARMS CONTROL. 2729 01:35:23,001 --> 01:35:26,000 IT'S ESSENTIAL TO UNDERSTAND 2730 01:35:26,001 --> 01:35:29,000 THAT A SUCCESSFUL ARMS CONTROL 2731 01:35:29,001 --> 01:35:31,000 REGIME DEPENDS ON MUCH MORE THAN 2732 01:35:31,001 --> 01:35:33,000 MUTUAL AGREEMENT ON THE 2733 01:35:33,001 --> 01:35:34,000 OF WEAPONS TO BE ELIMINATED. 2734 01:35:34,001 --> 01:35:38,000 ARMS CONTROL AGREEMENTS ALSO 2735 01:35:38,001 --> 01:35:40,000 MUST PROVIDE FOR VERIFICATION 2736 01:35:40,001 --> 01:35:42,000 MEASURES, INCLUDING SEEMINGLY 2737 01:35:42,001 --> 01:35:44,000 MUNDANE DETAILS SUCH AS 2738 01:35:44,001 --> 01:35:46,000 DELINEATING THE PRIVILEGES AND 2739 01:35:46,001 --> 01:35:48,000 RESPONSIBILITIES OF VERIFICATION 2740 01:35:48,001 --> 01:35:50,000 TEAMS OPERATING IN EACH OTHER'S 2741 01:35:50,001 --> 01:35:52,000 COUNTRIES AS WELL AS THE 2742 01:35:52,001 --> 01:35:53,000 PROCEDURES FOR CONDUCTING THOSE 2743 01:35:53,001 --> 01:35:55,000 INSPECTIONS. 2744 01:35:55,001 --> 01:35:58,000 THESE DETAILS REQUIRE LEGAL 2745 01:35:58,001 --> 01:36:01,000 AUTHORIZATION THAT MINIMIZES 2746 01:36:01,001 --> 01:36:03,000 DISPUTES AND REINFORCES 2747 01:36:03,001 --> 01:36:05,000 RECIPROCAL EXPECTATIONS OF HOW 2748 01:36:05,001 --> 01:36:06,000 THE VERIFICATION REGIME WILL 2749 01:36:06,001 --> 01:36:07,000 FUNCTION. 2750 01:36:07,001 --> 01:36:09,000 IF A LEGAL AUTHORIZATION FOR 2751 01:36:09,001 --> 01:36:11,000 STRATEGIC ARMS CONTROL 2752 01:36:11,001 --> 01:36:13,000 VERIFICATIONS LAPSES -- AS IT 2753 01:36:13,001 --> 01:36:14,000 WILL -- IN ONE MONTH, WE'LL BE 2754 01:36:14,001 --> 01:36:16,000 CREATING UNNECESSARY RISK FOR 2755 01:36:16,001 --> 01:36:18,000 THE UNITED STATES NATIONAL 2756 01:36:18,001 --> 01:36:19,000 SECURITY AND OUR WORKING 2757 01:36:19,001 --> 01:36:21,000 RELATIONSHIP WITH RUSSIA. 2758 01:36:21,001 --> 01:36:22,000 IT HAD PW-B MY HOPE THAT THE 2759 01:36:22,001 --> 01:36:24,000 PREVIOUS -- IT HAD BEEN MY HOPE 2760 01:36:24,001 --> 01:36:25,000 THAT THE PREVIOUS AND CURRENT 2761 01:36:25,001 --> 01:36:28,000 ADMINISTRATIONS WOULD HAVE MADE 2762 01:36:28,001 --> 01:36:30,000 SUBSTANTIALLY MORE PROGRESS ON 2763 01:36:30,001 --> 01:36:31,000 ENSURING THE CONTINUITY OF START 2764 01:36:31,001 --> 01:36:33,000 1 VERIFICATION SYSTEM SO THAT 2765 01:36:33,001 --> 01:36:35,000 THE LEGAL AUTHORITIES I'M 2766 01:36:35,001 --> 01:36:36,000 PROPOSING TODAY WOULD NOT BE 2767 01:36:36,001 --> 01:36:37,000 NECESSARY. 2768 01:36:37,001 --> 01:36:40,000 BUT WE REACHED THE POINT WHERE 2769 01:36:40,001 --> 01:36:42,000 BOTH THE UNITED STATES AND 2770 01:36:42,001 --> 01:36:47,000 RUSSIA MUST TAKE STEPS TO ENSURE 2771 01:36:47,001 --> 01:36:49,000 THE CONTINUITY OF VERIFICATION MECHANISMS. 2772 01:36:49,001 --> 01:36:53,000 IN 2002, THE SENATE CONSIDERED 2773 01:36:53,001 --> 01:36:54,000 THE MOSCOW TREATY, GOVERNING 2774 01:36:54,001 --> 01:36:57,000 STRATEGIC NUCLEAR FORCES. 2775 01:36:57,001 --> 01:36:58,000 THAT TREATY CONTAINED NO 2776 01:36:58,001 --> 01:37:01,000 VERIFICATION MECHANISMS. 2777 01:37:01,001 --> 01:37:02,000 INSTEAD IT RELIED ON THE 2778 01:37:02,001 --> 01:37:05,000 VERIFICATION REGIME ESTABLISHED 2779 01:37:05,001 --> 01:37:06,000 IN THE START 1 TREATY. 2780 01:37:06,001 --> 01:37:09,000 DURING SENATE CONSIDERATION OF 2781 01:37:09,001 --> 01:37:12,000 THE MOSCOW TREATY, I ASKED 2782 01:37:12,001 --> 01:37:14,000 SECRETARY OF STATE COLIN POWELL 2783 01:37:14,001 --> 01:37:17,000 AND SECRETARY OF DEFENSE DONALD 2784 01:37:17,001 --> 01:37:19,000 RUMSFELD ABOUT THE APPARENT GAP 2785 01:37:19,001 --> 01:37:21,000 IN VERIFICATION AT COULD OCCUR 2786 01:37:21,001 --> 01:37:25,000 GIVEN THAT THE MOSCOW TREATY 2787 01:37:25,001 --> 01:37:26,000 EXTES TO 2012, WHILE THE START 2788 01:37:26,001 --> 01:37:29,000 1 VERIFICATION PROVISIONS WERE 2789 01:37:29,001 --> 01:37:31,000 SET TO EXPIRE ON DECEMBER 5, 2790 01:37:31,001 --> 01:37:32,000 2009 -- THIS YEAR. 2791 01:37:32,001 --> 01:37:34,000 SECRETARY POWELL STATED -- QUOTE 2792 01:37:34,001 --> 01:37:35,000 -- "IT DID NOT SEEM TO BE 2793 01:37:35,001 --> 01:37:36,000 SOMETHING THAT WAS PRESSING AT 2794 01:37:36,001 --> 01:37:37,000 THE MOMENT." 2795 01:37:37,001 --> 01:37:38,000 END OF QUOTE. 2796 01:37:38,001 --> 01:37:41,000 HE SAID THAT DURING NEGOTIATIONS 2797 01:37:41,001 --> 01:37:43,000 ON THE MOSCOW TREATY, 2798 01:37:43,001 --> 01:37:47,000 CONSIDERATION WAS GIVEN TO 2799 01:37:47,001 --> 01:37:50,000 EXTENDING THE START VERIFICATION 2800 01:37:50,001 --> 01:37:52,000 REGIME PAST 2009 IN A SEPARATE 2801 01:37:52,001 --> 01:37:54,000 NEGOTIATION, OR THAT THE 2802 01:37:54,001 --> 01:37:55,000 TRANSPARENCY MEASURES UNDER THE 2803 01:37:55,001 --> 01:37:57,000 MOSCOW TREATY COULD BE MAXIMIZED 2804 01:37:57,001 --> 01:37:59,000 IN SOME WAY TO PROVIDE FOR 2805 01:37:59,001 --> 01:38:01,000 ENHANCED VERIFICATION. 2806 01:38:01,001 --> 01:38:04,000 BUT SECRETARY POWELL SAID IN 2807 01:38:04,001 --> 01:38:05,000 2002 THAT WE HAD -- QUOTE -- 2808 01:38:05,001 --> 01:38:07,000 "SOME SEVEN YEARS TO FIND AN 2809 01:38:07,001 --> 01:38:09,000 ANSWER TO THAT QUESTION." 2810 01:38:09,001 --> 01:38:11,000 END OF QUOTE. 2811 01:38:11,001 --> 01:38:12,000 LIKEWISE, SECRETARY RUMSFELD WAS 2812 01:38:12,001 --> 01:38:15,000 QUESTIONED ABOUT THE 2813 01:38:15,001 --> 01:38:16,000 VERIFICATION GAP CREATED BY THE 2814 01:38:16,001 --> 01:38:18,000 2009 EXPIRATION OF START. 2815 01:38:18,001 --> 01:38:23,000 HE STATED -- AND I QUOTE -- 2816 01:38:23,001 --> 01:38:24,000 "THERE IS A GAP FROM 2009 TO 2817 01:38:24,001 --> 01:38:26,000 2012, EXACTLY. 2818 01:38:26,001 --> 01:38:28,000 BUT BETWEEN NOW AND 2009, THERE 2819 01:38:28,001 --> 01:38:31,000 IS PLENTY OF TIME TO SORT 2820 01:38:31,001 --> 01:38:32,000 THROUGH WHAT WE WILL DO 2821 01:38:32,001 --> 01:38:33,000 THEREAFTER. 2822 01:38:33,001 --> 01:38:35,000 WILL WE BE ABLE TO DO SOMETHING 2823 01:38:35,001 --> 01:38:36,000 THAT IS BETTER THAN THE START 2824 01:38:36,001 --> 01:38:38,000 TREATY? I HOPE SO. 2825 01:38:38,001 --> 01:38:41,000 DO WE HAVE A NUMBER OF YEARS 2826 01:38:41,001 --> 01:38:42,000 THAT WE CAN WORK ON THAT? YES." 2827 01:38:42,001 --> 01:38:45,000 END OF QUOTE. 2828 01:38:45,001 --> 01:38:46,000 I WAS PLEASED TO PLAY A ROLE IN 2829 01:38:46,001 --> 01:38:50,000 SECURING RATIFICATION OF THE 2830 01:38:50,001 --> 01:38:51,000 MOSCOW TREY ON MARCH 6, 2003. 2831 01:38:51,001 --> 01:38:55,000 BUT AT THAT TIME SENATORS WERE 2832 01:38:55,001 --> 01:38:56,000 LED TO UNDERSTAND THAT THE BUSH 2833 01:38:56,001 --> 01:38:58,000 ADMINISTRATION WOULD BEGIN WORK 2834 01:38:58,001 --> 01:39:00,000 WITH RUSSIA ON CODIFYING A 2835 01:39:00,001 --> 01:39:02,000 VERIFICATION REGIME UNDER THE 2836 01:39:02,001 --> 01:39:03,000 MOSCOW TREATY EITHER BY 2837 01:39:03,001 --> 01:39:06,000 CONTINUING THE START 2838 01:39:06,001 --> 01:39:09,000 VERIFICATION REGIME PAST 2009 OR 2839 01:39:09,001 --> 01:39:11,000 THROUGH OTHER MEASURES. 2840 01:39:11,001 --> 01:39:14,000 NEITHER WAS ACCOMPLISHED. 2841 01:39:14,001 --> 01:39:16,000 THE START TREATY ITSELF PROVIDES 2842 01:39:16,001 --> 01:39:18,000 THAT THE PARTIES MUST MEET TO 2843 01:39:18,001 --> 01:39:20,000 EXTEND THE TREATY -- QUOTE -- 2844 01:39:20,001 --> 01:39:22,000 "NO LATER THAN ONE YEAR BEFORE 2845 01:39:22,001 --> 01:39:23,000 THE EXPIRATION OF THE 15 HAD 2846 01:39:23,001 --> 01:39:27,000 BEEN YEAR PERIOD. 2847 01:39:27,001 --> 01:39:29,000 -- 15-YEAR PERIOD." 2848 01:39:29,001 --> 01:39:31,000 IN 2008, WE WITNESSED THE 2849 01:39:31,001 --> 01:39:33,000 CONFLICT IN GEORGIA. 2850 01:39:33,001 --> 01:39:34,000 DECEMBER 5, 2008, WAS THE DATE 2851 01:39:34,001 --> 01:39:36,000 BY WHICH THE UNITED STATES AND 2852 01:39:36,001 --> 01:39:38,000 RUSSIA WOULD HAVE TO MEET TO 2853 01:39:38,001 --> 01:39:39,000 SATISFY THE TREATY'S 2854 01:39:39,001 --> 01:39:41,000 REQUIREMENTS. 2855 01:39:41,001 --> 01:39:43,000 MANY WORRIED THAT THE ATMOSPHERE 2856 01:39:43,001 --> 01:39:44,000 CREATED BY THE GEORGIA SITUATION 2857 01:39:44,001 --> 01:39:46,000 WOULD PREVENT THE UNITED STATES 2858 01:39:46,001 --> 01:39:47,000 AND RUSSIA FROM CONDUCTING SUCH 2859 01:39:47,001 --> 01:39:49,000 A MEETING. 2860 01:39:49,001 --> 01:39:51,000 BUT TO THE BUSH ADMINISTRATION'S 2861 01:39:51,001 --> 01:39:53,000 CREDIT, A MEETING WAS HELD THAT 2862 01:39:53,001 --> 01:39:54,000 PROVIDED US THE POSSIBILITY OF 2863 01:39:54,001 --> 01:39:56,000 EXTENDING THE TREATY. 2864 01:39:56,001 --> 01:39:58,000 BUT THE CLOCK KEPT TICKING. 2865 01:39:58,001 --> 01:40:01,000 I NOTED DURING SECRETARY COLIN 2866 01:40:01,001 --> 01:40:03,000 TO BE'S CONFIRMATION -- DURING 2867 01:40:03,001 --> 01:40:06,000 SECRETARY CLINTON'S CONFIRMATION 2868 01:40:06,001 --> 01:40:08,000 HEARINGS IN 2009 THAT IT WAS 2869 01:40:08,001 --> 01:40:09,000 VITAL THAT THE START TREATY BE RENEWED. 2870 01:40:09,001 --> 01:40:10,000 AT THAT TIME SHE ASSURED THE 2871 01:40:10,001 --> 01:40:11,000 COMMITTEE THAT -- QUOTE -- "WE 2872 01:40:11,001 --> 01:40:14,000 WILL HAVE A VERY STRONG 2873 01:40:14,001 --> 01:40:15,000 COMMITMENT TO THE START TREATY 2874 01:40:15,001 --> 01:40:16,000 AND NEGOTIATION." 2875 01:40:16,001 --> 01:40:19,000 END OF QUOTE. 2876 01:40:19,001 --> 01:40:21,000 I DON'T DOUBT THAT COMMITMENT. 2877 01:40:21,001 --> 01:40:23,000 I'M HOPEFUL THAT THE CAPABLE 2878 01:40:23,001 --> 01:40:25,000 NEGOTIATORS WE'VE DEPLOYED TO 2879 01:40:25,001 --> 01:40:27,000 GENEVA WILL ACHIEVE A NEW TREATY 2880 01:40:27,001 --> 01:40:28,000 IN THE REMAINING 30 DAYS BEFORE EXPIRATION. 2881 01:40:28,001 --> 01:40:30,000 BUT EVEN IF THAT HAPPENS, THE 2882 01:40:30,001 --> 01:40:32,000 TIME REQUIRED FOR A THOROUGH 2883 01:40:32,001 --> 01:40:34,000 SENATE CONSIDERATION OF THE 2884 01:40:34,001 --> 01:40:37,000 TREATY EURES THAT IT WILL NOT 2885 01:40:37,001 --> 01:40:38,000 BE RATIFIED BEFORE THE START 1 2886 01:40:38,001 --> 01:40:39,000 EXPIRES. 2887 01:40:39,001 --> 01:40:42,000 AT THE CORE OF THE START TREATY 2888 01:40:42,001 --> 01:40:45,000 RESTS THE VERIFICATION REGIME, A 2889 01:40:45,001 --> 01:40:49,000 SYSTEM OF DATA EXCHANGES AND 2890 01:40:49,001 --> 01:40:50,000 MORE THAN 80 DIFFERENT TYPES OF 2891 01:40:50,001 --> 01:40:54,000 NOTIFICATION COVERING MOVEMENT, 2892 01:40:54,001 --> 01:40:57,000 CHANGES IN STATUS, CONVERSION, 2893 01:40:57,001 --> 01:40:59,000 ELIMINATION, TESTING AND 2894 01:40:59,001 --> 01:41:02,000 TECHNICAL CHARACTERISTICS OF NEW 2895 01:41:02,001 --> 01:41:04,000 AND EXISTING STRATEGIC OFFENSIVE ARMS. 2896 01:41:04,001 --> 01:41:06,000 THIS DATA IS FURTHER VERIFIED 2897 01:41:06,001 --> 01:41:09,000 THROUGH AN INSPECTION REGIME. 2898 01:41:09,001 --> 01:41:12,000 THE START 1 TREATY INSPECTION 2899 01:41:12,001 --> 01:41:14,000 PROTOCOL PERMITS NO LESS THAN 12 2900 01:41:14,001 --> 01:41:16,000 DIFFERENT TYPES OF INSPECTIONS 2901 01:41:16,001 --> 01:41:17,000 PURSUANT TO THE TREATY. 2902 01:41:17,001 --> 01:41:19,000 ACCORDING TO A FACT SHEET 2903 01:41:19,001 --> 01:41:21,000 RELEASED BY THE DEPARTMENT OF 2904 01:41:21,001 --> 01:41:24,000 STATE IN JULY 2009, THE UNITED 2905 01:41:24,001 --> 01:41:28,000 STATES HAS CONDUCTED MORE THAN 2906 01:41:28,001 --> 01:41:30,000 600 START INSPECTIONS IN 2907 01:41:30,001 --> 01:41:31,000 BYELARUS, KAZAKHSTAN, RUSSIA AND 2908 01:41:31,001 --> 01:41:33,000 UKRAINE. 2909 01:41:33,001 --> 01:41:35,000 RUSSIA HAS CONDUCTED MORE THAN 2910 01:41:35,001 --> 01:41:36,000 400 INSPECTIONS IN THE UNITED 2911 01:41:36,001 --> 01:41:39,000 STATES. 2912 01:41:39,001 --> 01:41:40,000 THESE INTRUSIVE, ON-SITE 2913 01:41:40,001 --> 01:41:43,000 INSPECTIONS PERMIT THE UNITED 2914 01:41:43,001 --> 01:41:46,000 STATES TO VERIFY THE KINDS AND 2915 01:41:46,001 --> 01:41:49,000 TYPES OF RUSSIAN WEAPONS BEING 2916 01:41:49,001 --> 01:41:51,000 DEPLOYED AS WELL AS TO EXAMINE 2917 01:41:51,001 --> 01:41:53,000 MODIFIED VERSIONS OF RUSSIA'S WEAPONS. 2918 01:41:53,001 --> 01:41:55,000 IT IS THIS ABILITY, IN ADDITION 2919 01:41:55,001 --> 01:41:58,000 TO OUR OWN NATIONAL TECHNICAL 2920 01:41:58,001 --> 01:41:59,000 MEANS, THAT GIVES US THE 2921 01:41:59,001 --> 01:42:01,000 CAPABILITIES AND CONFIDENCE TO 2922 01:42:01,001 --> 01:42:03,000 ENSURE EFFECTIVE VERIFICATION OF 2923 01:42:03,001 --> 01:42:04,000 THE TREATY. 2924 01:42:04,001 --> 01:42:07,000 SOME SKEPTICS HAVE POINTED OUT 2925 01:42:07,001 --> 01:42:09,000 THAT RUSSIA MAY NOT BE IN TOTAL 2926 01:42:09,001 --> 01:42:11,000 COMPLIANCE WITH ITS 2927 01:42:11,001 --> 01:42:12,000 UNDER START. 2928 01:42:12,001 --> 01:42:15,000 OTHERS HAVE EXPRESSED OPPOSITION 2929 01:42:15,001 --> 01:42:16,000 TO THE START TREATY ON THE BASIS 2930 01:42:16,001 --> 01:42:19,000 THAT NO ARMS CONTROL AGREEMENT 2931 01:42:19,001 --> 01:42:21,000 IS 100% VERIFIABLE. 2932 01:42:21,001 --> 01:42:24,000 SUCH CONCERNS FAIL TO APPRECIATE 2933 01:42:24,001 --> 01:42:25,000 HOW MUCH INFORMATION IS PROVIDED 2934 01:42:25,001 --> 01:42:29,000 THROUGH THE EXCHANGES OF DATA 2935 01:42:29,001 --> 01:42:30,000 MANDATED BY THE TREATY, ON-SITE 2936 01:42:30,001 --> 01:42:32,000 INSPECTIONS AND NATIONAL 2937 01:42:32,001 --> 01:42:34,000 TECHNICAL 2938 01:42:34,001 --> 01:42:36,000 OUR EXPERIENCES OVER MANY YEARS 2939 01:42:36,001 --> 01:42:38,000 HAVE PROVEN THE EFFECTIVENESS OF 2940 01:42:38,001 --> 01:42:40,000 THE TREATY'S VIFICATION 2941 01:42:40,001 --> 01:42:42,000 PROVISIONS AND SERVE TO 2942 01:42:42,001 --> 01:42:44,000 BASIS FOR CONFIDENCE BETWEEN THE 2943 01:42:44,001 --> 01:42:46,000 TWO COUNTRIES WHEN DOUBTS AROSE. 2944 01:42:46,001 --> 01:42:50,000 THE BOTTOM LINE IS THAT THE 2945 01:42:50,001 --> 01:42:52,000 UNITED STATES IS FAR SAFER AS A 2946 01:42:52,001 --> 01:42:53,000 RESULT OF THESE 600 START 2947 01:42:53,001 --> 01:42:56,000 INSPECTIONS THAN WE WOULD BE 2948 01:42:56,001 --> 01:42:58,000 WITHOUT THEM. 2949 01:42:58,001 --> 01:43:02,000 TESTIFYING BEFORE THE FOREIGN 2950 01:43:02,001 --> 01:43:05,000 RELATIONS COMMITTEE ON THE 2951 01:43:05,001 --> 01:43:07,000 I.M.F. TREATY IN 1988, PAUL 2952 01:43:07,001 --> 01:43:11,000 NHTSA PROVIDED THE DEFINITION OF 2953 01:43:11,001 --> 01:43:12,000 -- QUOTE -- "EFFECTIVE VERIFICATION." 2954 01:43:12,001 --> 01:43:14,000 HE STATED -- AND I QUOTE -- 2955 01:43:14,001 --> 01:43:15,000 "WHAT DO WE MEAN BY EFFECTIVE 2956 01:43:15,001 --> 01:43:16,000 VERIFICATI? 2957 01:43:16,001 --> 01:43:18,000 WE MEAN THAT WE WANT TO BE SURE 2958 01:43:18,001 --> 01:43:21,000 THAT THE OTHER SIDE MOVES BEYOND 2959 01:43:21,001 --> 01:43:23,000 THE LIMITS OF THE TREATY IN ANY MILITARILY SIGNIFICANT WAY. 2960 01:43:23,001 --> 01:43:26,000 WE WOULD BE ABLE TO DETECT SUCH 2961 01:43:26,001 --> 01:43:28,000 A VIOLATION IN TIME TO RESPOND 2962 01:43:28,001 --> 01:43:30,000 EFFECTIVELY AND, 2963 01:43:30,001 --> 01:43:31,000 THE OTHER SIDE THE BENEFIT OF 2964 01:43:31,001 --> 01:43:32,000 THE VIOLATION." 2965 01:43:32,001 --> 01:43:33,000 END OF QUOTE. 2966 01:43:33,001 --> 01:43:36,000 IN A SIMILAR VEIN, SECRETARY OF 2967 01:43:36,001 --> 01:43:38,000 DEFEE BOB GATES TESTIFIED IN 2968 01:43:38,001 --> 01:43:39,000 92 WHEN HE WAS DIRECTOR OF 2969 01:43:39,001 --> 01:43:42,000 CENTRAL INTELLIGENCE THAT THE 2970 01:43:42,001 --> 01:43:44,000 START TREATY WAS EFFECTIVELY 2971 01:43:44,001 --> 01:43:45,000 VERIFIABLE AND THE DATA IT 2972 01:43:45,001 --> 01:43:49,000 PROVIDES WOULD GIVE US THE 2973 01:43:49,001 --> 01:43:50,000 ABILITY TO DETECT MILITARILY 2974 01:43:50,001 --> 01:43:54,000 SIGNIFICANT CHEATING. 2975 01:43:54,001 --> 01:43:55,000 THE SENATE HAS REPEATEDLY 2976 01:43:55,001 --> 01:43:56,000 EXPRESSED CONFIDENCE IN THE 2977 01:43:56,001 --> 01:43:59,000 START 1 VERIFICATION PROCEDURES. 2978 01:43:59,001 --> 01:44:02,000 IT APPROVED THE START 1 TREATY 2979 01:44:02,001 --> 01:44:07,000 IN 1992 BY A VOTE OF 93-6. 2980 01:44:07,001 --> 01:44:08,000 IN 1996, IT APPROVED THE START 2 2981 01:44:08,001 --> 01:44:10,000 TREATY WHICH RELIED ON THE START 2982 01:44:10,001 --> 01:44:16,000 1 VERIFICATION REGIME BY A VOTE 2983 01:44:16,001 --> 01:44:17,000 OF 87 HAD-4. 2984 01:44:17,001 --> 01:44:20,000 I REQUEST UNANIMOUS CONSENT FOR 2985 01:44:20,001 --> 01:44:21,000 THREE MORE MINUTES. 2986 01:44:21,001 --> 01:44:22,000 THE PRESIDING OFFICER: WITHOUT 2987 01:44:22,001 --> 01:44:23,000 OBJECTION. 2988 01:44:23,001 --> 01:44:25,000 MR. LUGAR: I THANK THE CHAIR. 2989 01:44:25,001 --> 01:44:28,000 IT APPROVED THE START 2 TREATY 2990 01:44:28,001 --> 01:44:31,000 WHICH RELIED ON THE START 1 2991 01:44:31,001 --> 01:44:33,000 VERIFICATION REGIME BY A VOTE OF 87-4. 2992 01:44:33,001 --> 01:44:36,000 THE MOSCOW TREATY WAS APPROVED 2993 01:44:36,001 --> 01:44:38,000 BY A VOTE OF 95-0. 2994 01:44:38,001 --> 01:44:40,000 THE CURRENT ADMINISTRATION 2995 01:44:40,001 --> 01:44:42,000 EMPLOYED A CAPABLE TEAM IN GENEVA. 2996 01:44:42,001 --> 01:44:43,000 LAST WEEK NATIONAL SECURITY 2997 01:44:43,001 --> 01:44:44,000 ADVISOR JIM JONES WENT TO MOSCOW 2998 01:44:44,001 --> 01:44:47,000 TO UNDERSCORE THE IMPORTANCE OF 2999 01:44:47,001 --> 01:44:48,000 ACHIEVING AGREEMENT ON THE 3000 01:44:48,001 --> 01:44:50,000 SUCCESSOR OF THE START TREATY. 3001 01:44:50,001 --> 01:44:51,000 THE ADMINISTRATION PUBLICLY 3002 01:44:51,001 --> 01:44:53,000 STATED IT SEEKS A NEW TREATY 3003 01:44:53,001 --> 01:44:54,000 THAT WILL COMBINE THE 3004 01:44:54,001 --> 01:44:56,000 PREDICTABILITY OF START WITH THE 3005 01:44:56,001 --> 01:44:58,000 FLEXIBILITY OF THE MOSCOW 3006 01:44:58,001 --> 01:45:00,000 TREATY. 3007 01:45:00,001 --> 01:45:01,000 BUT AT LOWER NUMBERS OF DELIVERY 3008 01:45:01,001 --> 01:45:02,000 VEHICLES AND ASSOCIATED 3009 01:45:02,001 --> 01:45:03,000 WARHEADS. 3010 01:45:03,001 --> 01:45:05,000 THIS PREDICTABILITY STEMS 3011 01:45:05,001 --> 01:45:07,000 DIRECTLY FROM START'S 3012 01:45:07,001 --> 01:45:09,000 VERIFIABILITY. 3013 01:45:09,001 --> 01:45:10,000 SO FAR MOST OF THE PUBLIC 3014 01:45:10,001 --> 01:45:12,000 DISCUSSIONS SURROUNDING A 3015 01:45:12,001 --> 01:45:14,000 POTENTIAL SUCCESSOR AGREEMENT 3016 01:45:14,001 --> 01:45:16,000 FOCUSED ON FURTHER REDUCTIONS IN 3017 01:45:16,001 --> 01:45:17,000 STRATEGIC NUCLEAR WEAPONS. 3018 01:45:17,001 --> 01:45:19,000 SCANT ATTENTION HAS BEEN PAID TO 3019 01:45:19,001 --> 01:45:24,000 THE VERIFICATION ARRANGEMENTS 3020 01:45:24,001 --> 01:45:27,000 FOR SUCH A FOLLOW-ON AGREEMENT. 3021 01:45:27,001 --> 01:45:29,000 WE WILL YET AGAIN RELYING ON 3022 01:45:29,001 --> 01:45:30,000 START VERIFICATION IN THE NEW 3023 01:45:30,001 --> 01:45:32,000 AGREEMENT. 3024 01:45:32,001 --> 01:45:36,000 FOR NOW THIS WILL BE THE 3025 01:45:36,001 --> 01:45:38,000 DETERMINE ANT IN ASSESSING -- 3026 01:45:38,001 --> 01:45:39,000 BEFORE THE SENATE FURTHERS THE 3027 01:45:39,001 --> 01:45:41,000 NATIONAL INTEREST. 3028 01:45:41,001 --> 01:45:42,000 THE MOMENT THAT WE KNOW ONLY THE 3029 01:45:42,001 --> 01:45:47,000 OUTLINES OF SUCH AN AGREEMENT, 3030 01:45:47,001 --> 01:45:51,000 WHAT IS 1 CERTAIN IS TT AFTER 3031 01:45:51,001 --> 01:45:52,000 DECEMBER 5, NO BINDY 3032 01:45:52,001 --> 01:45:54,000 ASSIST. 3033 01:45:54,001 --> 01:45:56,000 WITHOUT IT, IT IS UNCLEAR HOW WE 3034 01:45:56,001 --> 01:45:57,000 CAN PERMIT AND BY EXTENSION 3035 01:45:57,001 --> 01:45:58,000 CARRY ON ANY INSPECTION 3036 01:45:58,001 --> 01:46:00,000 ACTIVITIES. 3037 01:46:00,001 --> 01:46:03,000 THIS MIGHT 3038 01:46:03,001 --> 01:46:04,000 TO SOME, BUT ALLOWING A BREAK IN 3039 01:46:04,001 --> 01:46:06,000 VERIFICATION IS NOT IN THE 3040 01:46:06,001 --> 01:46:09,000 INTEREST OF THE UNITED STES OR RUSSIA. 3041 01:46:09,001 --> 01:46:10,000 SUCH A BREAK COULD AMPLIFY 3042 01:46:10,001 --> 01:46:13,000 SUSPICIONS OR EVEN COMPLICATE 3043 01:46:13,001 --> 01:46:15,000 THE CONCLUSION OF THE START 3044 01:46:15,001 --> 01:46:16,000 TREATY SUCCESSION AGREEMENT. 3045 01:46:16,001 --> 01:46:18,000 I BELIEVE IT IS INCUMBENT ON THE 3046 01:46:18,001 --> 01:46:22,000 UNITED STATES AND RUSSIA TO 3047 01:46:22,001 --> 01:46:25,000 MAINTAIN MUTUAL CONFIDENCE AND 3048 01:46:25,001 --> 01:46:26,000 PRESERVE A VERIFICATION REGIME 3049 01:46:26,001 --> 01:46:28,000 TO DECEMBER 5. 3050 01:46:28,001 --> 01:46:29,000 AND IF WE'RE TO DO SO THE LEGAL 3051 01:46:29,001 --> 01:46:30,000 TOOLS CONTAINED IN THE BILL THAT 3052 01:46:30,001 --> 01:46:32,000 I INTRODUCED ARE ESSENTIAL, 3053 01:46:32,001 --> 01:46:34,000 THERE IS NOTHING IN MY BILL THAT 3054 01:46:34,001 --> 01:46:36,000 REQUIRES THE ADMINISTRATION TO 3055 01:46:36,001 --> 01:46:39,000 ADMIT RUSSIAN INSPECTION TEAMS 3056 01:46:39,001 --> 01:46:40,000 IN THE ABSENCE OF RECIPROCITY BY 3057 01:46:40,001 --> 01:46:43,000 MOSCOW. 3058 01:46:43,001 --> 01:46:44,000 NOR DOES THE BILL EXPAND 3059 01:46:44,001 --> 01:46:45,000 VERIFICATION BEYOND THOSE 3060 01:46:45,001 --> 01:46:46,000 CONDUCTED UNDER THE START 3061 01:46:46,001 --> 01:46:47,000 PROTOCOL. 3062 01:46:47,001 --> 01:46:50,000 BUT THE AUTHORITIES IN THE BILL 3063 01:46:50,001 --> 01:46:51,000 WOULD TERMINATE ON JUNE 5, 20 SO 3064 01:46:51,001 --> 01:46:54,000 #-RBGS OR ON THE DATE OF ENTRY 3065 01:46:54,001 --> 01:46:56,000 INTO THE FORCE OF A SUCCESSOR AGREEMENT. 3066 01:46:56,001 --> 01:46:57,000 WE MUST ENSURE THA NEEDED 3067 01:46:57,001 --> 01:47:01,000 VERIFICATION TOOLS WILL EXIST IN 3068 01:47:01,001 --> 01:47:03,000 E PERIOD BETWEEN START'S 3069 01:47:03,001 --> 01:47:05,000 EXPIRATION AND ENTRY OF A NEW TREATY. 3070 01:47:05,001 --> 01:47:08,000 I'M HOPEFUL THAT CONGRESS WILL 3071 01:47:08,001 --> 01:47:10,000 TAKE ACTION ON S. 27 IN THE 3072 01:47:10,001 --> 01:47:11,000 NEAR FUTURE AND BOTH THE OBAMA 3073 01:47:11,001 --> 01:47:13,000 ADMINISTRATION AND THE RUSSIAN 3074 01:47:13,001 --> 01:47:16,000 GOVERNMENT TAKES STEPS TO 3075 01:47:16,001 --> 01:47:19,000 MAINTAIN INSPECTIONS UNTIL 3076 01:47:19,001 --> 01:47:20,000 RATIFICATION OF A 3077 01:47:20,001 --> 01:47:21,000 AGREEMENT IS COMPLETED. 3078 01:47:21,001 --> 01:47:25,000 I THANK THE CHAIR AND YIELD THE 3079 01:47:25,001 --> 01:47:26,000 FLOOR. 3080 01:47:26,001 --> 01:47:27,000 A SENATOR: MR. PRESIDENT? 3081 01:47:27,001 --> 01:47:31,000 THE PRESIDG OFFICER: THE 3082 01:47:31,001 --> 01:47:32,000 SENATOR FROM 3083 01:47:32,001 --> 01:47:35,000 MR. JOHANNS: MR. PRESIDENT, I 3084 01:47:35,001 --> 01:47:36,000 STAND TODAY TO HIGHLIGHT THE TAX 3085 01:47:36,001 --> 01:47:38,000 HAMMER, I WOULD DESCRIBE IT, 3086 01:47:38,001 --> 01:47:41,000 THAT IS BEING BROUGHT DOWN ON 3087 01:47:41,001 --> 01:47:42,000 THE AMERICAN PEOPLE RELATIVE TO 3088 01:47:42,001 --> 01:47:44,000 THE HEALTH CARE BILLS THAT ARE 3089 01:47:44,001 --> 01:47:47,000 MAKING THEIR WAY TO THE FLOOR O 3090 01:47:47,001 --> 01:47:49,000 THE SENATE IN LITERALLY -- AND 3091 01:47:49,001 --> 01:47:50,000 LITERALLY ARE ABOUT TO BE 3092 01:47:50,001 --> 01:47:53,000 DEBATED ON THE HOUSE SIDE. 3093 01:47:53,001 --> 01:47:56,000 THE FINANCE COMMITTEE BILL, 3094 01:47:56,001 --> 01:47:59,000 THERE'S OVER 500 -- $500 BILLION 3095 01:47:59,001 --> 01:48:01,000 IN ADDITIONAL TAXES AND FEES AND 3096 01:48:01,001 --> 01:48:07,000 FINES AND PENALTIES. 3097 01:48:07,001 --> 01:48:09,000 IN THE HOUSE BILL, THERE'S OVE 3098 01:48:09,001 --> 01:48:11,000 OVER $750 BILLION IN NEW TAXES, 3099 01:48:11,001 --> 01:48:14,000 ET CETERA. 3100 01:48:14,001 --> 01:48:16,000 NOW, IF YOU SHRUG YOUR SHOULDERS 3101 01:48:16,001 --> 01:48:17,000 THINKING, WELL, THAT'S A TAX ON 3102 01:48:17,001 --> 01:48:19,000 THOSE WEALTHY PEOPLE. 3103 01:48:19,001 --> 01:48:20,000 I DON'T HAVE ANYTHING TO WORRY 3104 01:48:20,001 --> 01:48:22,000 ABOUT HERE. 3105 01:48:22,001 --> 01:48:24,000 I'M NOT ONE OF THEM. 3106 01:48:24,001 --> 01:48:26,000 WELL, IF YOU DO THAT, YOU ARE 3107 01:48:26,001 --> 01:48:27,000 REALLY MISSING SOMETHING. 3108 01:48:27,001 --> 01:48:30,000 AND, ACTUALLY, NOTHING COULD BE 3109 01:48:30,001 --> 01:48:32,000 FURTHER FROM THE TRUTH. 3110 01:48:32,001 --> 01:48:36,000 IN MY JUDGMENT, MR. PRESIDENT, 3111 01:48:36,001 --> 01:48:38,000 IT THESE TAXES WILL STIFLE SMALL BUSINESS. 3112 01:48:38,001 --> 01:48:42,000 THEY'RE GOING TO SHOCK FAMILIES 3113 01:48:42,001 --> 01:48:44,000 WHO THINK THERE IS NO WAY THAT 3114 01:48:44,001 --> 01:48:46,000 THEIR MODEST INCOME COULD 3115 01:48:46,001 --> 01:48:48,000 POSSIBLY BE TAXED MORE BY THE 3116 01:48:48,001 --> 01:48:50,000 FEDERAL GOVERNMENT. 3117 01:48:50,001 --> 01:48:54,000 THE HOUSE BILL, LET ME START 3118 01:48:54,001 --> 01:48:57,000 THERE, THE FIRST TAX IS A 5.4% 3119 01:48:57,001 --> 01:49:00,000 SURTAX -- SURTAX ON WHAT IS 3120 01:49:00,001 --> 01:49:01,000 REFERRED TO AS THE HIGH-INCOME 3121 01:49:01,001 --> 01:49:06,000 EARNERS. 3122 01:49:06,001 --> 01:49:07,000 IT RAISES TAXES BY ABOU 3123 01:49:07,001 --> 01:49:12,000 ABOUT $460 BILLION. 3124 01:49:12,001 --> 01:49:15,000 THIS IS A GIGANTIC 3125 01:49:15,001 --> 01:49:18,000 BUT SUPPORTERS OF THAT MAKE THE 3126 01:49:18,001 --> 01:49:20,000 CASE AGAIN THIS IS THE RICH 3127 01:49:20,001 --> 01:49:22,000 PEOPLE CREATING THE FEELING THAT 3128 01:49:22,001 --> 01:49:23,000 SOMEHOW WE DON'T HAVE TO WORRY 3129 01:49:23,001 --> 01:49:26,000 ABOUT THAT IF YOU'RE NOT MAKING 3130 01:49:26,001 --> 01:49:27,000 A LOT OF MONEY. 3131 01:49:27,001 --> 01:49:29,000 WHAT THEY DON'T WANT TO 3132 01:49:29,001 --> 01:49:33,000 ACKNOWLEDGE IS THAT THIS IS A 3133 01:49:33,001 --> 01:49:36,000 TAX ON BUSINESS AND SMALL BUSINESSES. 3134 01:49:36,001 --> 01:49:38,000 IN FACT, I WOULD SUGGEST IF YOU 3135 01:49:38,001 --> 01:49:41,000 REALLY WANTED TO BE FAIR IN THIS 3136 01:49:41,001 --> 01:49:44,000 DEBATE, YOU WOULDN'T CALL IT THE MILLIONAIRE TAX. 3137 01:49:44,001 --> 01:49:47,000 YOU WOULD CALL IT THEROPER 3138 01:49:47,001 --> 01:49:52,000 NAME, THE SMALL BUSINESS TAX. 3139 01:49:52,001 --> 01:49:54,000 RELEASED A LETTER YESTERDAY. 3140 01:49:54,001 --> 01:49:57,000 IT FOUND THAT ONE-THIRD OF THE 3141 01:49:57,001 --> 01:50:01,000 TAX -- ONE-THIRD OF THE TAX WILL 3142 01:50:01,001 --> 01:50:02,000 BE FROM BUSINESS INCOME. 3143 01:50:02,001 --> 01:50:06,000 "THE WALL STREET JOURNAL," SAID 3144 01:50:06,001 --> 01:50:10,000 THIS RECENTLY, AND I'M QUOTING, 3145 01:50:10,001 --> 01:50:12,000 "THE BURDEN WILL MOSTLY FALL ON 3146 01:50:12,001 --> 01:50:17,000 SMALL BUSINESSES THAT ARE 3147 01:50:17,001 --> 01:50:19,000 ORGANIZED AS SUB-CHAPTER S OR 3148 01:50:19,001 --> 01:50:21,000 LIMITED LIABILITY CORPORATIONS 3149 01:50:21,001 --> 01:50:24,000 SINCE THE TRULY WEALTHY WON'T 3150 01:50:24,001 --> 01:50:26,000 HAVE ANY DIFFICULTY SHEERING 3151 01:50:26,001 --> 01:50:28,000 THEIR INCOME." 3152 01:50:28,001 --> 01:50:30,000 NOW, MR. PRESIDENT, IN THE 3153 01:50:30,001 --> 01:50:34,000 UNITED STATES THERE ARE OVER SIX 3154 01:50:34,001 --> 01:50:36,000 MILLION SMALL BUSINESSES. 3155 01:50:36,001 --> 01:50:38,000 LAST COUNT -- THE LAST 3156 01:50:38,001 --> 01:50:41,000 INFORMATION I COULD GET MY HANDS 3157 01:50:41,001 --> 01:50:44,000 ON THERE WERE OVER 41,000 SMALL 3158 01:50:44,001 --> 01:50:46,000 EMPLOYERS IN MY HOME STATE, THE 3159 01:50:46,001 --> 01:50:48,000 STATE OF NEBRASKA. 3160 01:50:48,001 --> 01:50:50,000 I'VE WALKED THROUGH MANY OF 3161 01:50:50,001 --> 01:50:51,000 THESE SMALL BUSINESSES. 3162 01:50:51,001 --> 01:50:54,000 I'VE VISITED WITH THE PEOPLE WHO 3163 01:50:54,001 --> 01:50:56,000 ARE TRYING TO KEEP THESE 3164 01:50:56,001 --> 01:50:57,000 BUSINESSES GOING. 3165 01:50:57,001 --> 01:50:59,000 AND THEY'RE JUST FACING 3166 01:50:59,001 --> 01:51:01,000 CHALLENGES TO MAKE THE PAYROLL. 3167 01:51:01,001 --> 01:51:03,000 YOU SEE, MANY OF THESE SMALL 3168 01:51:03,001 --> 01:51:07,000 BUSINESSES EXIST IN SMALL 3169 01:51:07,001 --> 01:51:09,000 COMMUNITIES IN MY STATE. 3170 01:51:09,001 --> 01:51:15,000 AND THEIR EMPLOYEES ARE NOT JUST 3171 01:51:15,001 --> 01:51:17,000 FLAIFFACELESS PEOPLE, PEOPLE WITHOUT NAMES. 3172 01:51:17,001 --> 01:51:18,000 THESE ARE PEOPLE THAT THEY WENT 3173 01:51:18,001 --> 01:51:20,000 TO HIGH SCHOOL WITH. 3174 01:51:20,001 --> 01:51:22,000 THESE ARE PEOPLE THEY WORSHIP 3175 01:51:22,001 --> 01:51:23,000 WITH ON SDAY, SEE AT THE 3176 01:51:23,001 --> 01:51:25,000 GROCERY STORE. 3177 01:51:25,001 --> 01:51:27,000 AND OUR SMALL BUSINESSES DON'T 3178 01:51:27,001 --> 01:51:30,000 WANT TO LAY THESE PEOPLE OFF. 3179 01:51:30,001 --> 01:51:33,000 NOW WHAT WOULD A 5.4% TAX DO TO 3180 01:51:33,001 --> 01:51:36,000 THEIR BOTTOM LINE, TO THEIR 3181 01:51:36,001 --> 01:51:37,000 EMPLOYEES, TO ANY POTENTIAL OF 3182 01:51:37,001 --> 01:51:40,000 HIRING IN THE FUTURE, TO THE 3183 01:51:40,001 --> 01:51:43,000 COMMUNITIES THAT THEY SUPPORT? 3184 01:51:43,001 --> 01:51:46,000 WELL, YOU CAN SEE THE IMPACT 3185 01:51:46,001 --> 01:51:52,000 THAT IT WILL HAVE. 3186 01:51:52,001 --> 01:51:53,000 SEAN McGIBBBON A SMALL 3187 01:51:53,001 --> 01:51:54,000 ADMINISTRATION OFFICIAL SAID IT 3188 01:51:54,001 --> 01:51:59,000 VE WELL. 3189 01:51:59,001 --> 01:52:00,000 AGAIN, I'M QUOTING -- SEAN SAID 3190 01:52:00,001 --> 01:52:03,000 THIS, "NEBRASKA DEPENDS ON SMALL 3191 01:52:03,001 --> 01:52:05,000 BUSINESSES FOR JOBS AND ECONOMIC GROWTH. 3192 01:52:05,001 --> 01:52:08,000 DURING THIS TIME OF FINANCIAL 3193 01:52:08,001 --> 01:52:10,000 STRESS AND ECONOMIC INSTABILITY, 3194 01:52:10,001 --> 01:52:13,000 POLICYMAKERS NEED TO REMBER 3195 01:52:13,001 --> 01:52:15,000 THAT THE STATE'S SMALL 3196 01:52:15,001 --> 01:52:19,000 BUSINESSES PROVIDE THE ECONOMIC 3197 01:52:19,001 --> 01:52:20,000 BASE FOR FAMILIES AND 3198 01:52:20,001 --> 01:52:23,000 COMMUNITIES." 3199 01:52:23,001 --> 01:52:28,000 NOW, MAYBE TO SOME FROM BIG 3200 01:52:28,001 --> 01:52:30,000 CITIESOR STATES THAT ARE MOSTLY 3201 01:52:30,001 --> 01:52:32,000 URBAN, THE LOST OF 50 JOBS IS 3202 01:52:32,001 --> 01:52:33,000 MAYBE NOT A BIG DEAL. 3203 01:52:33,001 --> 01:52:34,000 I CAN TELL YOU IT'S A BIG DEAL 3204 01:52:34,001 --> 01:52:37,000 TO ME. 3205 01:52:37,001 --> 01:52:39,000 IT'S A BIG DEAL TO MY STATE. 3206 01:52:39,001 --> 01:52:42,000 50 JOBS IN A COMMUNITY OF 1,000 3207 01:52:42,001 --> 01:52:43,000 PEOPLE IS ABSOLUTELY 3208 01:52:43,001 --> 01:52:47,000 DEVASTATING. 3209 01:52:47,001 --> 01:52:49,000 THOSE PAYCHECKS NO LONGER SPENT 3210 01:52:49,001 --> 01:52:52,000 ON MAIN STREET CAN LITERALLY 3211 01:52:52,001 --> 01:52:54,000 BRING MAIN STREET TO ITS KNEES. 3212 01:52:54,001 --> 01:52:57,000 MAKING MATTERS WORSE, THIS TAX 3213 01:52:57,001 --> 01:52:58,000 IS NOT INDEXED FOR INFLATION. 3214 01:52:58,001 --> 01:53:03,000 SO WHAT CAN WE. 3215 01:53:03,001 --> 01:53:05,000 THE PRESIDING OFFICER: WHAT CAN WE PREDICT? 3216 01:53:05,001 --> 01:53:07,000 WHAT IS THE MOST CERTAIN THING 3217 01:53:07,001 --> 01:53:09,000 WE CAN PREDICT ABOUT THIS TAX? 3218 01:53:09,001 --> 01:53:10,000 IT'S GOING TO HAVE THE A.M.T. 3219 01:53:10,001 --> 01:53:12,000 PROBLEM ALL OVER AGAIN. 3220 01:53:12,001 --> 01:53:14,000 EACH YEAR IT'S GOING TO CREEP 3221 01:53:14,001 --> 01:53:16,000 DOWN EVERY YEAR CAPTURING MORE 3222 01:53:16,001 --> 01:53:17,000 AND MORE PEOPLE IN THE MIDDLE 3223 01:53:17,001 --> 01:53:19,000 CLASS. 3224 01:53:19,001 --> 01:53:21,000 NOW, THE SECOND TAX I WANT TO 3225 01:53:21,001 --> 01:53:24,000 TALK ABOUT TODAY IS THE 8% 3226 01:53:24,001 --> 01:53:26,000 PENALTY ON EMPLOYERS WHO DON'T 3227 01:53:26,001 --> 01:53:32,000 OFFER INSURANCE. 3228 01:53:32,001 --> 01:53:35,000 8% OF THEIR PAYROLL OR PAY AT 3229 01:53:35,001 --> 01:53:36,000 LEASE 72.5% OF WORKERS' 3230 01:53:36,001 --> 01:53:38,000 PREMIUMS, THAT'S WHAT THEY'RE 3231 01:53:38,001 --> 01:53:39,000 FACED WITH. 3232 01:53:39,001 --> 01:53:42,000 NOW, AGAIN, MR. PRESIDENT, NO 3233 01:53:42,001 --> 01:53:45,000 MATTER HOW YOU SUGAR COAT THIS, 3234 01:53:45,001 --> 01:53:48,000 THIS IS GOING TO CUT INTO WAGES. 3235 01:53:48,001 --> 01:53:55,000 FOR THOSE WHO PAY THE 8%, THAT'S 3236 01:53:55,001 --> 01:53:57,000 GOING TO TOTAL $135 BILLION MORE 3237 01:53:57,001 --> 01:54:00,000 IN TAXES TAKEN OUT OF OUR 3238 01:54:00,001 --> 01:54:01,000 ECONOMY. 3239 01:54:01,001 --> 01:54:02,000 "THE WALL STREET JOURNAL," 3240 01:54:02,001 --> 01:54:03,000 AGAIN, I THINK SAID IT VERY, 3241 01:54:03,001 --> 01:54:08,000 VERY WELL RECENTLY. 3242 01:54:08,001 --> 01:54:11,000 THEY SAID, "SUCH PLAY OR PAY 3243 01:54:11,001 --> 01:54:13,000 TAXES ALWAYS BECOME PAY OR PAY 3244 01:54:13,001 --> 01:54:15,000 AND WILL RISE OVER TIME WITH 3245 01:54:15,001 --> 01:54:19,000 SEVERE CONSEQUENCES FOR HIRING, 3246 01:54:19,001 --> 01:54:20,000 JOB CREATION, AND, ULTIMATELY, GROWTH." 3247 01:54:20,001 --> 01:54:24,000 YOU KNOW, I LOOK OVER THERE AT 3248 01:54:24,001 --> 01:54:26,000 THE HOUSE, AND THEY SURE SEEM 3249 01:54:26,001 --> 01:54:28,000 VERY DETERMINED TO THROTTLE THE 3250 01:54:28,001 --> 01:54:29,000 BACKBONE OF OUR ECONOMY, OUR 3251 01:54:29,001 --> 01:54:31,000 SMALL BUSINESSES. 3252 01:54:31,001 --> 01:54:34,000 AND I'LL JUST TELL THEM, AS 3253 01:54:34,001 --> 01:54:36,000 SOMEBODY WHO HAS REPRESENTED MY 3254 01:54:36,001 --> 01:54:42,000 GREAT STATE AS A GOVERNOR AND 3255 01:54:42,001 --> 01:54:44,000 NOW AS A UNITED STATE UNITED STATES SENATOR, 3256 01:54:44,001 --> 01:54:45,000 YOU TAKE THOSE JOBS OUT OF SMALL 3257 01:54:45,001 --> 01:54:47,000 COMMUNITIES AND YOU WILL BRING 3258 01:54:47,001 --> 01:54:48,000 THAT SMALL COMMUNITY TO ITS 3259 01:54:48,001 --> 01:54:50,000 KNEES. 3260 01:54:50,001 --> 01:54:52,000 I PAYTTENTION TO THE WISDOM 3261 01:54:52,001 --> 01:54:53,000 CONVEYED BACK HOME. 3262 01:54:53,001 --> 01:54:55,000 THAT'S WHY WE DO OUR TOWN HALL 3263 01:54:55,001 --> 01:54:57,000 MEETINGS AND WE WALK IN PARADES 3264 01:54:57,001 --> 01:54:59,000 AND WE DO EVERYTHING WE CAN TO 3265 01:54:59,001 --> 01:55:02,000 LISTEN TO THE PEOPLE. 3266 01:55:02,001 --> 01:55:04,000 A CONSTITUENT FROM PIERCE, 3267 01:55:04,001 --> 01:55:05,000 NEBRASKAA SMALL COMMUNITY, A 3268 01:55:05,001 --> 01:55:11,000 GREAT COMMUNITY IN OUR STATE 3269 01:55:11,001 --> 01:55:16,000 SAID IT VERY WELL. 3270 01:55:16,001 --> 01:55:18,000 QUOTE, "WITH MY HUSBAND 3271 01:55:18,001 --> 01:55:21,000 SELF-EMPLOYED, ABOUT 70% IS USED 3272 01:55:21,001 --> 01:55:23,000 TO PAY MY INCOME TAXES, IF THE 3273 01:55:23,001 --> 01:55:28,000 INCOME TAXES WEREN'T SO HIGH, WE 3274 01:55:28,001 --> 01:55:29,000 WOULD BE ABLE TO CHOOSE OUR 3275 01:55:29,001 --> 01:55:32,000 HEALTH CARE COVERAGE. 3276 01:55:32,001 --> 01:55:35,000 MORE TAX IS NOT THE ANSWER. 3277 01:55:35,001 --> 01:55:37,000 " I WOULD LIKE TO DISCUSS THE 3278 01:55:37,001 --> 01:55:39,000 PENALTY TAX ON INDIVIDUALS WITHOUT INSURANCE. 3279 01:55:39,001 --> 01:55:42,000 YOU S, IT PROVIDES THAT IF YOU 3280 01:55:42,001 --> 01:55:44,000 DON'T HAVE A GOVERNMENT-APPROVED 3281 01:55:44,001 --> 01:55:49,000 HEALTH PLAN, YOU'LL PAY A 3282 01:55:49,001 --> 01:55:50,000 PENALTY, $750 FOR SINGLES, AN 3283 01:55:50,001 --> 01:55:51,000 AND $1,500 FOR MARRIED 3284 01:55:51,001 --> 01:55:52,000 INDIVIDUALS. 3285 01:55:52,001 --> 01:55:55,000 THE CGRESSIONAL BUDGET OFFICE 3286 01:55:55,001 --> 01:55:57,000 HAS ANALYZED THIS PENALTY. 3287 01:55:57,001 --> 01:56:01,000 ALMOST HALF OF THOSE PAYING THE 3288 01:56:01,001 --> 01:56:04,000 PENALTY TAX WOULD BE BETWEEN 3289 01:56:04,001 --> 01:56:05,000 100% AND 300% OF THE POVERTY 3290 01:56:05,001 --> 01:56:07,000 LEVEL. 3291 01:56:07,001 --> 01:56:09,000 YOU KNOW, IN SOME STATES THESE 3292 01:56:09,001 --> 01:56:10,000 GOOD FOLK QUALIFY FOR GOVERNMENT 3293 01:56:10,001 --> 01:56:13,000 ASSISTANCE PROGRAMS. 3294 01:56:13,001 --> 01:56:15,000 SO WE'RE GOING TO TAX THEM OR 3295 01:56:15,001 --> 01:56:16,000 PENALIZE THEM AND THEN GIVE THEM 3296 01:56:16,001 --> 01:56:19,000 SUBSIDIES. 3297 01:56:19,001 --> 01:56:21,000 BOY, ONLY HERE COULD A -- COULD 3298 01:56:21,001 --> 01:56:22,000 SOMEBODY MAKE AN ARGUMENT THAT 3299 01:56:22,001 --> 01:56:24,000 THAT IS RATIONAL. 3300 01:56:24,001 --> 01:56:25,000 IT MAKES NO SEN TO THE PEOPLE 3301 01:56:25,001 --> 01:56:28,000 BACK HOME. 3302 01:56:28,001 --> 01:56:33,000 LISTEN TO THIS, A FAMILY OF FOUR 3303 01:56:33,001 --> 01:56:35,000 EARNING BETWEEN $23,000 AN 3304 01:56:35,001 --> 01:56:37,000 AND $68,000 IN 2013 WOULD BE 3305 01:56:37,001 --> 01:56:39,000 SADDLED WITH A NEW TAX. 3306 01:56:39,001 --> 01:56:41,000 WE ARE LITERALLY TALKING ABOUT 3307 01:56:41,001 --> 01:56:43,000 TAXING NOT JUST THE MIDDLE 3308 01:56:43,001 --> 01:56:46,000 CLASS, BUT EVEN BELOW THAT LEVEL. 3309 01:56:46,001 --> 01:56:48,000 YOU KNOW, I REMBER A PLEDGE 3310 01:56:48,001 --> 01:56:55,000 BEING MADE, PRESIDENT OBAMA SAI 3311 01:56:55,001 --> 01:56:57,000 AND I'M -- QUOTE -- "NO ONE 3312 01:56:57,001 --> 01:56:58,000 MAKING LESS THAN $40,000 WILL 3313 01:56:58,001 --> 01:57:01,000 SEE A TAX INCREASE. 3314 01:57:01,001 --> 01:57:03,000 YET A FAMILY OF FOUR 3315 01:57:03,001 --> 01:57:05,000 EARNING $25,000 WILL BE HIT WITH 3316 01:57:05,001 --> 01:57:10,000 A TAX IN A FEW YEARS. 3317 01:57:10,001 --> 01:57:12,000 THAT'S A LONG WAY AWAY, $25,000 3318 01:57:12,001 --> 01:57:13,000 TO $250,000. 3319 01:57:13,001 --> 01:57:14,000 NEBRASKANS BELIEVE THEY CAN MAKE 3320 01:57:14,001 --> 01:57:16,000 BETTER DECISIONS ABOUT THEIR OWN 3321 01:57:16,001 --> 01:57:18,000 HEALTH CARE THAN THE FEDERAL GOVERNMENT. 3322 01:57:18,001 --> 01:57:19,000 LET ME REPEAT THAT. 3323 01:57:19,001 --> 01:57:21,000 NEBRASKANS BELIEVE THAT THEY CAN 3324 01:57:21,001 --> 01:57:23,000 MAKE BETTER DECISIONS ABOUT 3325 01:57:23,001 --> 01:57:25,000 THEIR OWN HEALTH CARE FOR 3326 01:57:25,001 --> 01:57:27,000 THEMSELVES AND THEIR FAMILY THAN 3327 01:57:27,001 --> 01:57:29,000 CAN THE FEDERAL GOVERNMENT. 3328 01:57:29,001 --> 01:57:31,000 AND I STAND 3329 01:57:31,001 --> 01:57:35,000 YOU I AGREE WITH THEM. 3330 01:57:35,001 --> 01:57:37,000 A CONSTITUENT FROM CARNEY, 3331 01:57:37,001 --> 01:57:38,000 NEBRASKA SAID AND I'M QUOTING, 3332 01:57:38,001 --> 01:57:40,000 "IS THERE ANYTHING I CAN DO TO 3333 01:57:40,001 --> 01:57:42,000 TAKE A STAND AGAINST WHAT I 3334 01:57:42,001 --> 01:57:45,000 CONSIDER A HUGE TAX BURDEN AND A 3335 01:57:45,001 --> 01:57:48,000 LOSS OF FREEDOMS?" UNQUOTE. 3336 01:57:48,001 --> 01:57:49,000 THE INDIVIDUAL MANDATE, JUST ONE 3337 01:57:49,001 --> 01:57:51,000 MORE EXAMPLE OF GOVERNMENT 3338 01:57:51,001 --> 01:57:52,000 INTRUSION INTO THE PEOPLE'S 3339 01:57:52,001 --> 01:57:54,000 LIVES. 3340 01:57:54,001 --> 01:57:56,000 I'VE COVERED THREE OF THE TAX 3341 01:57:56,001 --> 01:57:58,000 HIKES PERVASIVE IN THE BILLS, 3342 01:57:58,001 --> 01:58:02,000 BUT IT'S THE TIP OF THE ICEBERG. 3343 01:58:02,001 --> 01:58:04,000 NEW TAXES, PENALTIES AND FEES AS 3344 01:58:04,001 --> 01:58:06,000 FAR AS THE EYE CAN SEE. 3345 01:58:06,001 --> 01:58:07,000 THERE'S A VERY FITTING QUOTE 3346 01:58:07,001 --> 01:58:09,000 FROM JOHN MARSHALL. 3347 01:58:09,001 --> 01:58:12,000 HE SAID, AND I'M QUOTING HERE, 3348 01:58:12,001 --> 01:58:14,000 "THE POWER TO TAX IS THE POWER 3349 01:58:14,001 --> 01:58:19,000 TO DESTROY." 3350 01:58:19,001 --> 01:58:20,000 THE POWER TO TAX IS THE POWER TO 3351 01:58:20,001 --> 01:58:21,000 DESCROI. 3352 01:58:21,001 --> 01:58:22,000 AS HEALTH CARE DEBATE -- 3353 01:58:22,001 --> 01:58:23,000 DESTROY. 3354 01:58:23,001 --> 01:58:28,000 AS HEALTH CARE DEBATE CONTINUES, 3355 01:58:28,001 --> 01:58:29,000 ALL OF US SHOULD REMBER CHEF 3356 01:58:29,001 --> 01:58:32,000 JUSTICE MARSHALL'S WISE WORDS, 3357 01:58:32,001 --> 01:58:34,000 MAKE NO MISTAKE ABOUT IT, THESE 3358 01:58:34,001 --> 01:58:36,000 VARIOUS BILLS RAISE TAXES ON THE 3359 01:58:36,001 --> 01:58:38,000 AMERICAN PEOPLE AT A 3360 01:58:38,001 --> 01:58:40,000 BREATHTAKING PACE. 3361 01:58:40,001 --> 01:58:42,000 DON'T BE FOOLED THIS IS ABOUT 3362 01:58:42,001 --> 01:58:44,000 TAXES THE RICH PEOPLE, THE 3363 01:58:44,001 --> 01:58:45,000 MILLIONAIRES, THIS IS REALLY 3364 01:58:45,001 --> 01:58:46,000 ABOUT TAXING AND TAKING FROM THE 3365 01:58:46,001 --> 01:58:48,000 AMERICAN PEOPLE. 3366 01:58:48,001 --> 01:58:50,000 AND AMERICANS ARE SEEING THE TRUTH. 3367 01:58:50,001 --> 01:58:53,000 THANK YOU, MR. PRESIDENT. 3368 01:58:53,001 --> 01:58:54,000 I YIELD THE FLOOR. 3369 01:58:54,001 --> 01:58:55,000 A SENATOR: MR. PRESIDENT? THE PRESIDING OFFICER: THE 3370 01:58:55,001 --> 01:58:56,000 SENATOR FROM TENNESSEE. 3371 01:58:56,001 --> 01:58:58,000 MR. ALEXANDER: MR. PRESIDENT, 3372 01:58:58,001 --> 01:59:00,000 HOW MUCH TIME REMAINS TO THE 3373 01:59:00,001 --> 01:59:01,000 REPUBLICAN SIDE? 3374 01:59:01,001 --> 01:59:03,000 THE PRESIDING OFFICER: 14 1/2 3375 01:59:03,001 --> 01:59:04,000 MINUTES. 3376 01:59:04,001 --> 01:59:06,000 MR. ALEXANDER: THANK YOU, MR. PRESIDENT. 3377 01:59:06,001 --> 01:59:07,000 WILL YOU LET ME KNOW WHEN THREE 3378 01:59:07,001 --> 01:59:08,000 MINUTES REMAIN? 3379 01:59:08,001 --> 01:59:10,000 THE PRESIDING OFFICER: I SHALL. 3380 01:59:10,001 --> 01:59:13,000 MR. ALEXANDER: I THANK THE 3381 01:59:13,001 --> 01:59:15,000 PRESIDENT. 3382 01:59:15,001 --> 01:59:18,000 MR. PRESIDENT, WE HAVE A LOT OF 3383 01:59:18,001 --> 01:59:19,000 UNUSUAL THINGS HAPPENING IN THE 3384 01:59:19,001 --> 01:59:21,000 UNITED STATES SENATE AND THE 3385 01:59:21,001 --> 01:59:23,000 UNITED STATES CONGRESS AND THE 3386 01:59:23,001 --> 01:59:24,000 WORLD TODAY. 3387 01:59:24,001 --> 01:59:25,000 APPARENTLY WE'RE ABOUT TO BE 3388 01:59:25,001 --> 01:59:26,000 PRESENTED WITH A RARE 3389 01:59:26,001 --> 01:59:28,000 OPPORTUNITY THAT VERY FEW 3390 01:59:28,001 --> 01:59:29,000 SENATORS HAVE A CHANCE TO VOTE 3391 01:59:29,001 --> 01:59:31,000 ON, THE DEMOCRATIC CONGRESSIONAL 3392 01:59:31,001 --> 01:59:33,000 HEALTH CARE BILL WILL PRESENT 3393 01:59:33,001 --> 01:59:36,000 SENATORS APPARENTLY, IT'S STILL 3394 01:59:36,001 --> 01:59:38,000 BEING WRITTEN BEHIND CLOSED 3395 01:59:38,001 --> 01:59:39,000 DOORS, BUT FROM WHAT WE CAN 3396 01:59:39,001 --> 01:59:43,000 TELL, WITH AN OPPORTUNITY TO 3397 01:59:43,001 --> 01:59:45,000 VOTE FOR $429 BILLION IN 3398 01:59:45,001 --> 01:59:47,000 MEDICARE CUTS AND $0 BILLION 3399 01:59:47,001 --> 01:59:50,000 PLUS IN NEW TAXES AT THE SAME 3400 01:59:50,001 --> 01:59:52,000 TIME. 3401 01:59:52,001 --> 01:59:53,000 IT'S VERY RARE THAT ANY SENATOR 3402 01:59:53,001 --> 01:59:55,000 HAS A CHANCE TO VOTE FOR 3403 01:59:55,001 --> 01:59:56,000 MEDICARE CUTS THAT BIG AND NEW 3404 01:59:56,001 --> 01:59:59,000 TAXES THAT BIG ALL AT ONCE. 3405 01:59:59,001 --> 02:00:02,000 IT'S NOT AN OPPORTUNITY THAT 3406 02:00:02,001 --> 02:00:03,000 MANY, IF ANY, REPUBLICANS 3407 02:00:03,001 --> 02:00:06,000 WILL -- WILL -- WILL TAKE 3408 02:00:06,001 --> 02:00:09,000 ADVANTAGE OF, BUT THAT IS THE 3409 02:00:09,001 --> 02:00:11,000 PROPOSAL THAT'S COMING. 3410 02:00:11,001 --> 02:00:12,000 IT'S CAUSED MY COLLEAGUE FROM 3411 02:00:12,001 --> 02:00:14,000 TENNSEE, SENATOR CORKER, TO 3412 02:00:14,001 --> 02:00:17,000 SAY YESTERDAY ON THE SENATE 3413 02:00:17,001 --> 02:00:19,000 FLOOR THAT IF REPUBLICANS WERE 3414 02:00:19,001 --> 02:00:22,000 TO PROPOSE THE SAME THING, 3415 02:00:22,001 --> 02:00:25,000 THG, $429 BILLION IN MEDICARE 3416 02:00:25,001 --> 02:00:27,000 CUTS, A 60% INCREASE IN PREMIUM 3417 02:00:27,001 --> 02:00:32,000 COSTS, WHICH IS THE ESTIMATED 3418 02:00:32,001 --> 02:00:33,000 INCREASE TO TENNESSEAN S WHO 3419 02:00:33,001 --> 02:00:35,000 HAVE INSURANCE PREMIUMS 3420 02:00:35,001 --> 02:00:37,000 ACCORDING TO SENATOR CORKER, 3421 02:00:37,001 --> 02:00:39,000 PLUS TAXES OF $900 BILLION WHEN 3422 02:00:39,001 --> 02:00:40,000 FULLY IMPLEMENTED WOULDN'T GET A 3423 02:00:40,001 --> 02:00:43,000 SINGLE DEMOCRATIC VOTE. 3424 02:00:43,001 --> 02:00:45,000 AND I THINK SENATOR CORKER IS 3425 02:00:45,001 --> 02:00:46,000 PROBABLY RIGHT ABOUT THAT. 3426 02:00:46,001 --> 02:00:51,000 BUT THIS -- WHENEVER WE SAY 3427 02:00:51,001 --> 02:00:52,000 THIS, THIS BRINGS DEEP CONCERN 3428 02:00:52,001 --> 02:00:53,000 FROM THE OTHER SIDE OF THE 3429 02:00:53,001 --> 02:00:54,000 AISLE. 3430 02:00:54,001 --> 02:00:56,000 THE SENATOR FROM OHIO CAME DOWN 3431 02:00:56,001 --> 02:00:57,000 ON THE FLOOR AND ENGAGED IN A 3432 02:00:57,001 --> 02:00:58,000 COLLOQUY WITH THE ASSISTANT 3433 02:00:58,001 --> 02:01:00,000 DEMOCRATIC LEADER YESTERDAY 3434 02:01:00,001 --> 02:01:02,000 AFTER I LEFT THE FLOOR AND SAID 3435 02:01:02,001 --> 02:01:03,000 IMAGINE THIS: THE REPUBLICAN 3436 02:01:03,001 --> 02:01:05,000 SENATOR FROM TENNESSEE IS COMING 3437 02:01:05,001 --> 02:01:08,000 DOWN AND SAYING THAT DEMOCRATS 3438 02:01:08,001 --> 02:01:09,000 ARE ABOUT 3439 02:01:09,001 --> 02:01:12,000 WHY WOULD THEY SAY THAT? 3440 02:01:12,001 --> 02:01:14,000 THE WORDS ARE -- IT REALLY MAKES 3441 02:01:14,001 --> 02:01:15,000 ME INCREDULOUS, SAID THE SENATOR 3442 02:01:15,001 --> 02:01:16,000 FROM OHIO, TO HEAR THE 3443 02:01:16,001 --> 02:01:18,000 REPUBLICANS SAY THE DEMOCRATS 3444 02:01:18,001 --> 02:01:20,000 ARE GOING TO CUT MEDICARE AND 3445 02:01:20,001 --> 02:01:22,000 THAT WE'RE GOING TO USE MEDICARE 3446 02:01:22,001 --> 02:01:23,000 CUTS TO PAY FOR HEALTH CARE 3447 02:01:23,001 --> 02:01:26,000 REFORM. 3448 02:01:26,001 --> 02:01:28,000 TH ONLY REASON WE AND EVERYONE 3449 02:01:28,001 --> 02:01:29,000 ELSE WHO READS THE DEMOCRATIC 3450 02:01:29,001 --> 02:01:30,000 HEALTH CARE BILL IS SAYING THAT 3451 02:01:30,001 --> 02:01:33,000 IS BECAUSE IT'S TRUE. 3452 02:01:33,001 --> 02:01:34,000 I MEAN, THE PROPOSAL IS TO CUT 3453 02:01:34,001 --> 02:01:35,000 GRANDMA'S MEDICARE AND SPEND IT 3454 02:01:35,001 --> 02:01:38,000 ON A NEW PROGRAM. 3455 02:01:38,001 --> 02:01:40,000 THAT'S THE PROPOSAL, TO CUT 3456 02:01:40,001 --> 02:01:43,000 CUT $429 BILLION, NEARLY HALF A 3457 02:01:43,001 --> 02:01:47,000 TRILLION DOLLARS IN MEDICARE 3458 02:01:47,001 --> 02:01:50,000 SPENDING AND NOT SPENDING IT TO 3459 02:01:50,001 --> 02:01:52,000 MAKE MEDICARE SOLVENT. 3460 02:01:52,001 --> 02:01:53,000 AND WE KNOW THE MEDICARE 3461 02:01:53,001 --> 02:01:55,000 TRUSTEES HAVE SAID THAT THE 3462 02:01:55,001 --> 02:01:58,000 PROGRAM IS GOING TO BEGIN TO GO 3463 02:01:58,001 --> 02:02:00,000 BROKE IN 2015-2017. 3464 02:02:00,001 --> 02:02:02,000 WE'RE GOING TO SPEND IT ON A NEW 3465 02:02:02,001 --> 02:02:06,000 GOVERNMENT PROGRAM IN WHICH MANY 3466 02:02:06,001 --> 02:02:07,000 AMERICANS WHO NOW HAVE 3467 02:02:07,001 --> 02:02:08,000 EMPLOYEE-BASED -- EMPLOYER-BASED 3468 02:02:08,001 --> 02:02:09,000 INSURANCE WILL FIND THEIR WAY. 3469 02:02:09,001 --> 02:02:11,000 NOW, IT'S NOT REPUBLICANS WHO 3470 02:02:11,001 --> 02:02:12,000 ARE SCARING SENIORS ABOUT 3471 02:02:12,001 --> 02:02:13,000 MEDICARE MR. PRESIDENT. 3472 02:02:13,001 --> 02:02:15,000 IT IS THE DEMOCRATIC HEALTH CARE 3473 02:02:15,001 --> 02:02:17,000 BILLS 3474 02:02:17,001 --> 02:02:19,000 ABOUT MEDICARE CUTS, AND THEY 3475 02:02:19,001 --> 02:02:21,000 HAVE A RIGHT TO BE CONCERNED. 3476 02:02:21,001 --> 02:02:22,000 SO JUST IN CASE ANYONE WHO MIGHT 3477 02:02:22,001 --> 02:02:26,000 BE LISTENING THINKS THAT WE'RE 3478 02:02:26,001 --> 02:02:27,000 MAKING THIS UP ON THE REPUBLICAN 3479 02:02:27,001 --> 02:02:29,000 SIDE OF THE AISLE, I BROUGHT 3480 02:02:29,001 --> 02:02:32,000 WITH ME A FEW ARTICLES FROM 3481 02:02:32,001 --> 02:02:34,000 REPUTABLE SOURCES WHICH DESCRIBE 3482 02:02:34,001 --> 02:02:35,000 THE DEMOCRATIC HEALTH CARE 3483 02:02:35,001 --> 02:02:37,000 PROPOSALS AND THEIR PROPOSED 3484 02:02:37,001 --> 02:02:39,000 MEDICARE CUTS. 3485 02:02:39,001 --> 02:02:42,000 HERE'S "THNEW YORK TIMES" ON 3486 02:02:42,001 --> 02:02:46,000 SEPTEMBER 24, AN ARTICLE 3487 02:02:46,001 --> 02:02:48,000 ABOUT -- BY ROBERT PEARE, WHO 3488 02:02:48,001 --> 02:02:49,000 WRITES ABOUT THIS SUBJECT 3489 02:02:49,001 --> 02:02:51,000 REGULARLY. 3490 02:02:51,001 --> 02:02:53,000 IT SAYS -- "TO HELP OFFSET THE 3491 02:02:53,001 --> 02:02:55,000 COST OF COVERING THE UNINSURED, 3492 02:02:55,001 --> 02:02:57,000 THE SENATE AND HOUSE BILLS WOULD 3493 02:02:57,001 --> 02:02:58,000 SQUEEZE ROUGHLY $400 BILLION TO 3494 02:02:58,001 --> 02:03:01,000 TO $500 BILLION OUT OF THE 3495 02:03:01,001 --> 02:03:03,000 PROJECTED GROWTH IN MEDICARE 3496 02:03:03,001 --> 02:03:04,000 OVER TEN YEARS." 3497 02:03:04,001 --> 02:03:06,000 UNQUOTE. 3498 02:03:06,001 --> 02:03:09,000 THAT'S "THE NEW YORK TIMES," 3499 02:03:09,001 --> 02:03:15,000 MR. PRESIDENT. 3500 02:03:15,001 --> 02:03:17,000 OR SAN FRANCISCO GATE.COM. 3501 02:03:17,001 --> 02:03:21,000 THIS IS AN ASSOCIATED PRESS 3502 02:03:21,001 --> 02:03:23,000 ARTICLE ON SEPTEMBER 22. 3503 02:03:23,001 --> 02:03:24,000 QUOTING -- "THE CONGRESS CHIEF 3504 02:03:24,001 --> 02:03:27,000 BUDGET OFFICER ON TUESDAY 3505 02:03:27,001 --> 02:03:28,000 CONTRADICTED PRESIDENT OBAMA'S 3506 02:03:28,001 --> 02:03:30,000 OFT-STATED CLAIM THAT SENIORS 3507 02:03:30,001 --> 02:03:32,000 WOULDN'T SEE THEIR MEDICARE 3508 02:03:32,001 --> 02:03:35,000 BENEFITS CUT UNDER A HEALTH CARE 3509 02:03:35,001 --> 02:03:38,000 OVERHAUL. 3510 02:03:38,001 --> 02:03:41,000 THE HEAD -- CONTINUING THE QUOTE 3511 02:03:41,001 --> 02:03:42,000 FROM THE ASSOCIATED PRESS -- THE 3512 02:03:42,001 --> 02:03:43,000 HEAD OF THE NONPARTISAN 3513 02:03:43,001 --> 02:03:46,000 CONGRESSIONAL BUDGET OFFICE TOLD 3514 02:03:46,001 --> 02:03:47,000 SENATORS THAT SENIORS MANAGED 3515 02:03:47,001 --> 02:03:49,000 CARE PLANS COULD SEE REDUCED 3516 02:03:49,001 --> 02:03:51,000 BENEFITS UNDER A BILL IN THE 3517 02:03:51,001 --> 02:03:54,000 FINANCE COMMITTEE. 3518 02:03:54,001 --> 02:03:56,000 THE BILL WOULD CUT PAYMENTS TO 3519 02:03:56,001 --> 02:04:00,000 MEDICARE ADVANTAGE PLANS BY MORE 3520 02:04:00,001 --> 02:04:02,000 THAN $100 BILLION OVER TEN 3521 02:04:02,001 --> 02:04:04,000 YEARS." 3522 02:04:04,001 --> 02:04:07,000 ELMANDORF SAID THE CHANGES WOULD 3523 02:04:07,001 --> 02:04:08,000 REDUCE THE BENEFITS AVAILABLE TO 3524 02:04:08,001 --> 02:04:10,000 BENEFICIARIES UNDER MEDICARE 3525 02:04:10,001 --> 02:04:15,000 ADVANTAGE PLANS, UNQUOTE. THEN THERE IS THE CONGRESSIONAL 3526 02:04:15,001 --> 02:04:16,000 BUDGET OFFICE. 3527 02:04:16,001 --> 02:04:19,000 WHO IN ITS LETTER HAS TALKED 3528 02:04:19,001 --> 02:04:21,000 ABOUT IN DETAIL THE PROPOSED 3529 02:04:21,001 --> 02:04:22,000 MEDICARE CUTS. 3530 02:04:22,001 --> 02:04:26,000 THEN THERE IS AN ASSOCIATED 3531 02:04:26,001 --> 02:04:29,000 PRESS ARTICLE ON JULY 30, 2009." 3532 02:04:29,001 --> 02:04:30,000 DEMOCRATS ARE PUSHING FOR 3533 02:04:30,001 --> 02:04:32,000 MEDICAID-MEDICARE CUTS ON A 3534 02:04:32,001 --> 02:04:34,000 SCALE NOT SEEN IN YEARS TO 3535 02:04:34,001 --> 02:04:35,000 UNDERWRITE A HEALTH CARE FOR ALL. 3536 02:04:35,001 --> 02:04:37,000 MANY SENIORS NOW COVERED UNDER 3537 02:04:37,001 --> 02:04:38,000 THE PROGRAM DON'T LIKE THAT ONE BIT." 3538 02:04:38,001 --> 02:04:39,000 THAT'S NOT THE REPUBLICAN 3539 02:04:39,001 --> 02:04:40,000 NATIONAL COMMITTEE, 3540 02:04:40,001 --> 02:04:42,000 MR. PRESIDENT. 3541 02:04:42,001 --> 02:04:49,000 THAT'S THE ASSOCIATED PRESS 3542 02:04:49,001 --> 02:04:53,000 REPORTING WHAT THE BILLS SAY. 3543 02:04:53,001 --> 02:04:56,000 "THE HOUSE BILL, THE CONGRESSIONAL PROPOSAL THAT IS 3544 02:04:56,001 --> 02:04:58,000 ADVANCED THE MOST, WOULD REDUCE 3545 02:04:58,001 --> 02:05:00,000 PROJECTED INCREASES IN MEDICARE 3546 02:05:00,001 --> 02:05:01,000 PAYMENTS TO PROVIDERS BY MORE 3547 02:05:01,001 --> 02:05:03,000 THAN $500 BILLION OVER TEN 3548 02:05:03,001 --> 02:05:04,000 YEARS, A GROSS CUT OF ABOUT 7% 3549 02:05:04,001 --> 02:05:06,000 OVER THE PERIOD. 3550 02:05:06,001 --> 02:05:07,000 BUT THE LEGISLATION WILL ALSO 3551 02:05:07,001 --> 02:05:10,000 PLOW BACK NEARLY $300 BILLION 3552 02:05:10,001 --> 02:05:11,000 BACK INTO THE PROGRAM, MAINLY TO 3553 02:05:11,001 --> 02:05:13,000 SWEETEN PAYMENTS FOR DOCTORS. 3554 02:05:13,001 --> 02:05:15,000 THIS STILL LEAVES A NET CUT OF 3555 02:05:15,001 --> 02:05:17,000 MORE THAN $200 BILLION," SAYS 3556 02:05:17,001 --> 02:05:20,000 THE ASSOCIATED PRESS, DESCRIBING 3557 02:05:20,001 --> 02:05:21,000 THE DEMOCRATIC HEALTH CARE PLAN, 3558 02:05:21,001 --> 02:05:22,000 "WHICH WILL BE USED TO OFFSET 3559 02:05:22,001 --> 02:05:24,000 NEW FEDERAL SUBSIDIES FOR 3560 02:05:24,001 --> 02:05:25,000 WORKERS AND THEIR FAMILIES NOW 3561 02:05:25,001 --> 02:05:26,000 LACKING HEALTH INSURANCE." 3562 02:05:26,001 --> 02:05:27,000 IN OTHER WORDS, WE'RE GOING TO 3563 02:05:27,001 --> 02:05:30,000 TAKE MONEY FROM MEDICARE AND 3564 02:05:30,001 --> 02:05:31,000 SPEND IT ON SOMEONE ELSE. 3565 02:05:31,001 --> 02:05:33,000 THE SENATOR FROM KANSAS SAID THE 3566 02:05:33,001 --> 02:05:35,000 OTHER DAY IT'S LIKE WRITING A 3567 02:05:35,001 --> 02:05:38,000 CHECK ON AN OVERDRAWN BANK 3568 02:05:38,001 --> 02:05:39,000 ACCOUNT TO BUY A BIG NEW CAR. 3569 02:05:39,001 --> 02:05:40,000 THAT'S A PRETTY GOOD 3570 02:05:40,001 --> 02:05:42,000 DESCRIPTION. 3571 02:05:42,001 --> 02:05:44,000 JUST A COUPLE MORE. 3572 02:05:44,001 --> 02:05:47,000 THE LOS ANGELES TIMES. 3573 02:05:47,001 --> 02:05:50,000 THIS IS NOT A REPUBLICAN 3574 02:05:50,001 --> 02:05:53,000 PUBLICATION -- SAYS, HEADLINE 3575 02:05:53,001 --> 02:05:54,000 ON -- LET'S SEE THE DATE HERE. 3576 02:05:54,001 --> 02:05:57,000 JUNE 14. 3577 02:05:57,001 --> 02:05:58,000 "PRESIDENT OBAMA TO OUTLINE 3578 02:05:58,001 --> 02:06:00,000 OUTLINE $313 BILLION IN 3579 02:06:00,001 --> 02:06:02,000 MEDICARE-MEDICAID SPENDING CUTS." 3580 02:06:02,001 --> 02:06:04,000 NOW, THAT'S WHAT DEMOCRATIC 3581 02:06:04,001 --> 02:06:05,000 SENATORS HAVE ALWAYS CALLED SUCH PROPOSALS. 3582 02:06:05,001 --> 02:06:06,000 THAT'S WHAT THE LOS ANGELES 3583 02:06:06,001 --> 02:06:08,000 TIMES CALLS THE PROPOSALS. 3584 02:06:08,001 --> 02:06:09,000 THAT'S WHAT WE'RE CALLING THE 3585 02:06:09,001 --> 02:06:11,000 PROPOSALS BECAUSE THAT'S WHAT 3586 02:06:11,001 --> 02:06:13,000 THEY ARE. 3587 02:06:13,001 --> 02:06:14,000 IT SAYS "REPORTING FROM 3588 02:06:14,001 --> 02:06:16,000 WASHINGTON UNDERRESSURE TO PAY 3589 02:06:16,001 --> 02:06:17,000 FOR HIS AMBITIOUS RESHAPING OF 3590 02:06:17,001 --> 02:06:20,000 THE NATION'S HEALTH CARE SYSTEM, 3591 02:06:20,001 --> 02:06:21,000 PRESIDENT OBAMA TODAY WILL 3592 02:06:21,001 --> 02:06:22,000 OUTLINE $313 BILLION IN MEDICARE 3593 02:06:22,001 --> 02:06:24,000 AND MEDICAID SPENDING CUTS OVER 3594 02:06:24,001 --> 02:06:26,000 THE NEXT DECADE TO HELP COVER 3595 02:06:26,001 --> 02:06:29,000 THE COSTS OF EXPANDING COVERAGE 3596 02:06:29,001 --> 02:06:37,000 TO TENS OF MILLIONS OF AMERICANS INSURED." 3597 02:06:37,001 --> 02:06:40,000 AND ANOTHER ARTICLE FROM -- 3598 02:06:40,001 --> 02:06:43,000 WELL, IT'S AN NPR REPORT. 3599 02:06:43,001 --> 02:06:46,000 "OVER THE NEXT 3600 02:06:46,001 --> 02:06:48,000 SAYS," THE COMMITTEE WOULD CUT 3601 02:06:48,001 --> 02:06:49,000 CUT $117 MILLION FROM MEDICARE 3602 02:06:49,001 --> 02:06:50,000 ADVANTAGE PLANS." 3603 02:06:50,001 --> 02:06:56,000 ARTICLE FROM THE "WASHINGTON 3604 02:06:56,001 --> 02:06:58,000 POST" ON OCTOBER 23, OCTOBER 23, $500 BILLION IN CUTS 3605 02:06:58,001 --> 02:06:59,000 TO MEDICARE OVER THE NEXT DECADE." 3606 02:06:59,001 --> 02:07:01,000 THAT'S FROM THE "WASHINGTON 3607 02:07:01,001 --> 02:07:02,000 POST." 3608 02:07:02,001 --> 02:07:07,000 "THE WALL STREET JOURNAL," 3609 02:07:07,001 --> 02:07:09,000 SEPTEMBER 8 -- "SOURCES OF 3610 02:07:09,001 --> 02:07:11,000 FUNDING FOR THE FINANCE 3611 02:07:11,001 --> 02:07:12,000 COMMITTEE PLAN INCLUDE CUTS TO 3612 02:07:12,001 --> 02:07:15,000 MEDICARE." 3613 02:07:15,001 --> 02:07:17,000 SO, MR. PRESIDENT, THE QUESTION 3614 02:07:17,001 --> 02:07:18,000 IS NOT WHETHER THERE ARE CUTS TO 3615 02:07:18,001 --> 02:07:20,000 MEDICARE. 3616 02:07:20,001 --> 02:07:22,000 THAT'S WHAT THE PROPOSAL IS. 3617 02:07:22,001 --> 02:07:24,000 NOW, MAYBE IT'S A GOOD IDEA, 3618 02:07:24,001 --> 02:07:26,000 MAYBE IT'S A BAD IDEA, BUT WE 3619 02:07:26,001 --> 02:07:27,000 DON'T NEED TO BE COMING ONTO THE 3620 02:07:27,001 --> 02:07:29,000 FLOOR AND SAYING T 3621 02:07:29,001 --> 02:07:32,000 THAT IS IS NOT. 3622 02:07:32,001 --> 02:07:34,000 AND THE PROPOSAL IS IN THESE 3623 02:07:34,001 --> 02:07:38,000 LARGE, EXPANSIVE HEALTH CARE 3624 02:07:38,001 --> 02:07:41,000 PLANS, THE 2,000-PAGE BILL 3625 02:07:41,001 --> 02:07:42,000 COMING FROM THE HOUSE SOON, IS 3626 02:07:42,001 --> 02:07:43,000 IT'S BASICALLY ABOUT HALF 3627 02:07:43,001 --> 02:07:45,000 FINANCE ABOUT CUTS IN MEDICARE. 3628 02:07:45,001 --> 02:07:49,000 NOT TO MAKE THE PROGRAM SOLVENT, 3629 02:07:49,001 --> 02:07:51,000 A PROGRAM WHICH HAS $37 BILLION 3630 02:07:51,001 --> 02:07:54,000 IN UNFUNDED LIABILITIES OVER THE 3631 02:07:54,001 --> 02:07:55,000 NEXT 75 YEARS, BUT TO SPEND ON A 3632 02:07:55,001 --> 02:07:56,000 NEW GOVERNMENT PROGRAM. 3633 02:07:56,001 --> 02:07:57,000 THOSE ARE THE FACTS. 3634 02:07:57,001 --> 02:07:59,000 THOSE -- THAT IS WHY IT'S 3635 02:07:59,001 --> 02:08:00,000 IMPORTANT THAT THE AMERICAN 3636 02:08:00,001 --> 02:08:05,000 PELE HAVE AN OPPORTUNITY TO 3637 02:08:05,001 --> 02:08:06,000 READ THE BILL AND KNOW WHAT IT 3638 02:08:06,001 --> 02:08:07,000 COSTS AND KNOW HOW I AFFECTS 3639 02:08:07,001 --> 02:08:08,000 THEM. 3640 02:08:08,001 --> 02:08:09,000 THE REPUBLICAN LEADER AND 3641 02:08:09,001 --> 02:08:11,000 SENATOR JOHANNS HAS TALKED ABOUT 3642 02:08:11,001 --> 02:08:13,000 THE TAXES IN THE BILL. 3643 02:08:13,001 --> 02:08:14,000 I SAID THAT A LITTLE EARLIER. 3644 02:08:14,001 --> 02:08:15,000 RARELY DOES A SENATOR HAVE AN 3645 02:08:15,001 --> 02:08:18,000 OPPORTUNITY TO VOTE ON SO MANY 3646 02:08:18,001 --> 02:08:19,000 MEDICARE CUTS AND SO MANY NEW 3647 02:08:19,001 --> 02:08:22,000 TAXES, AS WE APPARENTLY WILL 3648 02:08:22,001 --> 02:08:24,000 HAVE WHEN THIS 3649 02:08:24,001 --> 02:08:26,000 COMES TO US. 3650 02:08:26,001 --> 02:08:29,000 BUT THE TAXES INCLUDE A TAX 3651 02:08:29,001 --> 02:08:30,000 INDIVIDUALS WHO DON'T BUY GOVERNMENT-APPROVED HEALTH 3652 02:08:30,001 --> 02:08:32,000 INSURANCE. 3653 02:08:32,001 --> 02:08:34,000 THE JOINT COMMITTEE ON 3654 02:08:34,001 --> 02:08:35,000 TAXATION -- THAT'S OUROINT COMMITTEE -- AND THE 3655 02:08:35,001 --> 02:08:36,000 CONGRESSIONAL BUDGET OFFICE 3656 02:08:36,001 --> 02:08:41,000 ESTIMATE THAT AT LEAST 71% OF 3657 02:08:41,001 --> 02:08:42,000 THE PENALTY, THAT PENALTY, THAT 3658 02:08:42,001 --> 02:08:46,000 THAN $250,000. 3659 02:08:46,001 --> 02:08:49,000 SO IT'S NOT JUST TAXES PEOPLE. 3660 02:08:49,001 --> 02:08:54,000 WHEN YOU IMPOSE, AS THE SENATE 3661 02:08:54,001 --> 02:08:55,000 FINANCE COMMITTEE BILL WOULD, 3662 02:08:55,001 --> 02:08:56,000 WOULD, $900 BILLION PLUS WHEN 3663 02:08:56,001 --> 02:08:57,000 FULLY IMPLEMENTED ON A WHOLE 3664 02:08:57,001 --> 02:09:01,000 VARIETY OF PEOPLE, BUSINESSES 3665 02:09:01,001 --> 02:09:02,000 WHO PROVIDE HEALTH CARE, WHAT DO 3666 02:09:02,001 --> 02:09:05,000 THEY DO? 3667 02:09:05,001 --> 02:09:07,000 WELL, ACCORDING TO THE DIRECTOR 3668 02:09:07,001 --> 02:09:10,000 OF THE CONGRESSIONAL BUDGET 3669 02:09:10,001 --> 02:09:13,000 OFFICE, MOST 3670 02:09:13,001 --> 02:09:14,000 PASSED ON TO THE CONSUMERS. 3671 02:09:14,001 --> 02:09:16,000 WHO ARE THE CONSUMERS? 3672 02:09:16,001 --> 02:09:19,000 THE PEOPLE WHO ARE PAYING HEALTH 3673 02:09:19,001 --> 02:09:20,000 CARE PREMIUMS, 250 MILLION AMERICANS. 3674 02:09:20,001 --> 02:09:22,000 AND WHAT DOES THAT MEAN? 3675 02:09:22,001 --> 02:09:23,000 THAT WOULD MEAN THAT INSTEAD OF 3676 02:09:23,001 --> 02:09:25,000 REDUCING THE COST OF YOUR HEALTH 3677 02:09:25,001 --> 02:09:27,000 CARE PREMIUM, WE'RE MORE LIKELY 3678 02:09:27,001 --> 02:09:28,000 TO INCREASE THE COSTS OF YOUR 3679 02:09:28,001 --> 02:09:30,000 HEALTH CARE PREMIUM. 3680 02:09:30,001 --> 02:09:31,000 SO I WOULD ASK WHY ARE WE 3681 02:09:31,001 --> 02:09:33,000 PASSING A HEALTH CARE REFORM 3682 02:09:33,001 --> 02:09:36,000 BILL THAT INCREASES THE COST OF 3683 02:09:36,001 --> 02:09:37,000 YOUR HEALTH CARE PREMIUM, THAT 3684 02:09:37,001 --> 02:09:39,000 RAISES YOUR TAXES? 3685 02:09:39,001 --> 02:09:41,000 AND CUTTING MEDICARE TO HELP PAY 3686 02:09:41,001 --> 02:09:42,000 FOR THAT. 3687 02:09:42,001 --> 02:09:44,000 THEY INCREASE TAXES ON HEALTH 3688 02:09:44,001 --> 02:09:47,000 CARE PROVIDERS, MANUFACTURERS, 3689 02:09:47,001 --> 02:09:49,000 AND IMPORTERS OF BRAND NAME 3690 02:09:49,001 --> 02:09:51,000 DRUGS, MEDICAL DEVICE MANUFACTURERS. 3691 02:09:51,001 --> 02:09:53,000 THESE WILL ALL BE PASSED ON TO 3692 02:09:53,001 --> 02:09:56,000 CONSUMERS, ACCORDING TO THE JOINT COMMITTEE ON TAXATION. 3693 02:09:56,001 --> 02:09:58,000 RAISING THE THRESHOLD FOR 3694 02:09:58,001 --> 02:10:01,000 DEDUCTING CATASTROPHIC MEDICAL 3695 02:10:01,001 --> 02:10:02,000 EXPENSES, 87% OF THE FIVE 3696 02:10:02,001 --> 02:10:04,000 MILLION TAXYERS WHO CLAIM THIS 3697 02:10:04,001 --> 02:10:05,000 DEDUCTION EARN UNDER $100,000 A 3698 02:10:05,001 --> 02:10:06,000 YEAR. 3699 02:10:06,001 --> 02:10:07,000 THESE AREN'T MILLIONAIRES, 3700 02:10:07,001 --> 02:10:09,000 MR. PRESIDENT. 3701 02:10:09,001 --> 02:10:10,000 THESE PEOPLE EARN LESS THAN 3702 02:10:10,001 --> 02:10:12,000 THAN $100,000 A YEAR. 3703 02:10:12,001 --> 02:10:13,000 IN FACT, DATA FROM THE JOINT 3704 02:10:13,001 --> 02:10:16,000 COMMITTEE ON TAXATION AND THE 3705 02:10:16,001 --> 02:10:17,000 CONGRESSIONAL BUDGET OFFICE SHOW 3706 02:10:17,001 --> 02:10:18,000 FORMER DIRECTOR OF THE 3707 02:10:18,001 --> 02:10:24,000 CONGRESSIONAL BUDGET OFFICE, 3708 02:10:24,001 --> 02:10:27,000 DOUG HAS HOLTZ AIKEN, SHOW THAT 3709 02:10:27,001 --> 02:10:28,000 BY 3710 02:10:28,001 --> 02:10:31,000 WILL BE 3711 02:10:31,001 --> 02:10:34,000 EARNING LESS THAN $200,000 A 3712 02:10:34,001 --> 02:10:37,000 YEAR. 3713 02:10:37,001 --> 02:10:39,000 THE 2,000-PAGE PROPOSAL FROM THE 3714 02:10:39,001 --> 02:10:41,000 HOUSE OFEPRESENTATIVES -- 3715 02:10:41,001 --> 02:10:43,000 THANK 3716 02:10:43,001 --> 02:10:44,000 WOULD RAISE TAXES BY 3717 02:10:44,001 --> 02:10:45,000 BY $729 MILLION. 3718 02:10:45,001 --> 02:10:47,000 THERE IS A TAX ON MILLIONAIRES, 3719 02:10:47,001 --> 02:10:48,000 BUT WE KNOW WHAT HAPPENS TO THAT 3720 02:10:48,001 --> 02:10:51,000 WHEN IT'S NOT INDEXED. 3721 02:10:51,001 --> 02:10:52,000 40 YEARS AGO, WE WERE WORRIED 3722 02:10:52,001 --> 02:10:54,000 ABOUT 155 HIGH-INCOME AMERICANS 3723 02:10:54,001 --> 02:10:57,000 WHO WERE AVOIDING TAXES SO THE 3724 02:10:57,001 --> 02:10:58,000 CONGRESS PASSED THE MILLIONAIRES 3725 02:10:58,001 --> 02:10:59,000 ' TAX ON THE 3726 02:10:59,001 --> 02:11:02,000 ALTERNATIVE MINIMUM TAX. 3727 02:11:02,001 --> 02:11:04,000 TODAY WE HADN'T PATCHED IT AS WE 3728 02:11:04,001 --> 02:11:06,000 SAY IN 2009, HADN'T CHANGED IT, 3729 02:11:06,001 --> 02:11:09,000 THAT MLIONAIRES' TAX WOULD 3730 02:11:09,001 --> 02:11:10,000 HAVE RAISED TAXES ON 28.3 3731 02:11:10,001 --> 02:11:13,000 AMERICANS. 3732 02:11:13,001 --> 02:11:15,000 SO THE MILLIONAIRES' TAX ONE DAY 3733 02:11:15,001 --> 02:11:16,000 WILL GET YOU IF YOU KEEP EARNING 3734 02:11:16,001 --> 02:11:17,000 MONEY. 3735 02:11:17,001 --> 02:11:19,000 MR. PRIDENT, I'VE SAID QUITE A 3736 02:11:19,001 --> 02:11:21,000 BIT ABOUT MEDICARE CUTS AND 3737 02:11:21,001 --> 02:11:22,000 TAXES, BUT I WANT TO CONCLUDE MY 3738 02:11:22,001 --> 02:11:25,000 MARKS BY QUICKLY SAYING WHAT 3739 02:11:25,001 --> 02:11:26,000 WE THINK SHOULD BE DONE. 3740 02:11:26,001 --> 02:11:30,000 WE BELIEVE THAT THE AMERICAN 3741 02:11:30,001 --> 02:11:35,000 PEOPLE DO NOT 3742 02:11:35,001 --> 02:11:38,000 2,000-PAGE BILL HEADE 3743 02:11:38,001 --> 02:11:40,000 WE WANT INSTEAD TO START OVER IN 3744 02:11:40,001 --> 02:11:46,000 THE RIGHT DIRECTION, WHICH MEANS 3745 02:11:46,001 --> 02:11:48,000 REDUCING COSTS AND STEP BY STEP 3746 02:11:48,001 --> 02:11:49,000 REEARN -- 3747 02:11:49,001 --> 02:11:51,000 THE AMERICAN PEOPLE BY REDUCING 3748 02:11:51,001 --> 02:11:52,000 THE COST OF HEALTH CARE. 3749 02:11:52,001 --> 02:11:54,000 SPECIFICALLY, WE WOULD START 3750 02:11:54,001 --> 02:11:56,000 WITH THE SMALL BUSINESS HEALTH 3751 02:11:56,001 --> 02:11:59,000 CARE PLANS. 3752 02:11:59,001 --> 02:12:00,000 THAT'S JUST 3753 02:12:00,001 --> 02:12:02,000 THAT WOULD LOWER PREMIUMS ACCORDING TO THE CONGRESSIONAL 3754 02:12:02,001 --> 02:12:03,000 BUDGET OFFICE. 3755 02:12:03,001 --> 02:12:04,000 IT WOULD COVER UP TO A MILLION 3756 02:12:04,001 --> 02:12:06,000 NEW SMALL BUSINESS EMPLOYEES. 3757 02:12:06,001 --> 02:12:09,000 IT WOULD REDUCE MEDICAID. 3758 02:12:09,001 --> 02:12:10,000 THEN WE COULD TAKE A STEP TO 3759 02:12:10,001 --> 02:12:12,000 PERMIT MORE -- ENCOURAGE 3760 02:12:12,001 --> 02:12:14,000 COMPETITION BY ALLOWING PEOPLE 3761 02:12:14,001 --> 02:12:18,000 TO BUY ACROSS STATE LINES, TAKE 3762 02:12:18,001 --> 02:12:19,000 MEASURES TO STOP JUNK LAWSUITS 3763 02:12:19,001 --> 02:12:20,000 AGAINST DOCTORS. 3764 02:12:20,001 --> 02:12:22,000 MORE INFORMATION TECHNOLOGY, 3765 02:12:22,001 --> 02:12:24,000 THAT COULD BE A BIPARTISAN PROPOSAL. MORE EXCHANGES. 3766 02:12:24,001 --> 02:12:25,000 YOU NOTICE THE NBER OF PAGES 3767 02:12:25,001 --> 02:12:27,000 ARE VERY SMALL. 3768 02:12:27,001 --> 02:12:29,000 PEOPLE COULD ACTUALLY READ THESE BILLS, UNDERSTAND THEM. 3769 02:12:29,001 --> 02:12:31,000 THEY WOULDN'T ADD TO OUR COST. 3770 02:12:31,001 --> 02:12:34,000 WASTE, FRAUD, AND 3771 02:12:34,001 --> 02:12:35,000 AGREE IS OUT OF CONTROL. 3772 02:12:35,001 --> 02:12:36,000 IT'S ONE OUT OF TEN DOLLARS IN 3773 02:12:36,001 --> 02:12:38,000 ME 3774 02:12:38,001 --> 02:12:39,000 SO OUR PROPOSAL, MR. PRESIDENT, 3775 02:12:39,001 --> 02:12:43,000 WOULD OFFER A CHOICE. 3776 02:12:43,001 --> 02:12:45,000 A COUPLE OF HUNDRED PAGES, NOT 2000. 3777 02:12:45,001 --> 02:12:46,000 REDUCING PREMIUMS, REDUCING 3778 02:12:46,001 --> 02:12:49,000 DEBT, MAKING MEDICARE SOLVENT 3779 02:12:49,001 --> 02:12:51,000 INSTEAD OF CUTTING IT, NO TAX 3780 02:12:51,001 --> 02:12:53,000 INCREASES INSTEAD OF HIGHER 3781 02:12:53,001 --> 02:12:55,000 TAXES, AND REDUCING COSTS. 3782 02:12:55,001 --> 02:12:56,000 THAT'S THE KIND OF HEALTH 3783 02:12:56,001 --> 02:12:58,000 PLAN REPUBLICANS HAVE OFFERED. 3784 02:12:58,001 --> 02:12:59,000 THAT'S THE KIND WE BELIEVE 3785 02:12:59,001 --> 02:13:01,000 AMERICANS WOULD WANT, AND WE 3786 02:13:01,001 --> 02:13:02,000 HOPE OVER TIME THAT WILL EARN 3787 02:13:02,001 --> 02:13:03,000 BIPARTISAN SUPPORT. 3788 02:13:03,001 --> 02:13:19,000 I THANK THE PRESIDENT AND I 3789 02:13:19,001 --> 02:13:20,000 YIELD THE FLOOR. 3790 02:13:20,001 --> 02:13:21,000 MS. MIKULSKI: MR. PRESIDENT? 3791 02:13:21,001 --> 02:13:22,000 THE PRESIDING OFFICER: THE 3792 02:13:22,001 --> 02:13:23,000 SENATOR FROM MARYLAND. 3793 02:13:23,001 --> 02:13:25,000 MS. MIKULSKI: MR. PRESIDENT, HOW 3794 02:13:25,001 --> 02:13:27,000 MUCH TIME IS REMAINING 3795 02:13:27,001 --> 02:13:28,000 SIDES FOR MORNING BUSINESS? 3796 02:13:28,001 --> 02:13:30,000 THE PRESIDING OFFICER: THE 3797 02:13:30,001 --> 02:13:31,000 MAJORITY HAS 2 1/2 MINUTES OF 3798 02:13:31,001 --> 02:13:32,000 MORNING BUSINESS. 3799 02:13:32,001 --> 02:13:34,000 MS. MIKULSKI: AND THE MINORITY'S 3800 02:13:34,001 --> 02:13:36,000 THE PR 3801 02:13:36,001 --> 02:13:38,000 MINORITY'S TIME HAS EXPIRED. 3802 02:13:38,001 --> 02:13:39,000 MS. MIKULSKI: MR. PRESIDENT, I, 3803 02:13:39,001 --> 02:13:44,000 TOO, WOULD LIKE TO SPEAK ON 3804 02:13:44,001 --> 02:13:47,000 HEALTH CARE. 3805 02:13:47,001 --> 02:13:50,000 AND I NOTE WITH INTEREST THE 3806 02:13:50,001 --> 02:13:51,000 REMARKS FROM THE GENTLEMAN FROM 3807 02:13:51,001 --> 02:13:55,000 TENNESSEE, AND I THINK THAT 3808 02:13:55,001 --> 02:13:57,000 THERE IS A FORMER BIPARTISAN AGREEMENT. 3809 02:13:57,001 --> 02:13:58,000 BUT EVERYBODY SAYS LET'S DO THIS 3810 02:13:58,001 --> 02:13:59,000 STEP BY STEP. 3811 02:13:59,001 --> 02:14:01,000 MR. PRESIDENT, THE CONGRESS HAS 3812 02:14:01,001 --> 02:14:04,000 HAD EXTENSIVE HEALTH CARE 3813 02:14:04,001 --> 02:14:06,000 DEBATE, AND WE IN THE 3814 02:14:06,001 --> 02:14:07,000 HEALTH-EDUCATION COMMITTEE HAVE 3815 02:14:07,001 --> 02:14:11,000 HAD EXTENSIVE HEARINGS. 3816 02:14:11,001 --> 02:14:14,000 WE HAD A MARKUP OF OUR BIL THAT 3817 02:14:14,001 --> 02:14:18,000 LASTED MORE THAN THREE WEEKS AND 3818 02:14:18,001 --> 02:14:21,000 HAD OVER 350 AMENDMENTS, OF 3819 02:14:21,001 --> 02:14:23,000 WHICH 75% WERE OFFERED BY THE 3820 02:14:23,001 --> 02:14:26,000 OTHER SIDE. 3821 02:14:26,001 --> 02:14:27,000 WE OFTEN TOOK MANY OF THOSE 3822 02:14:27,001 --> 02:14:29,000 AMENDMENTS. 3823 02:14:29,001 --> 02:14:31,000 WHEN ALL WAS SAID AND DONE, THEY 3824 02:14:31,001 --> 02:14:33,000 VOTED NO, SO WE DON'T KNOW WHEN 3825 02:14:33,001 --> 02:14:36,000 GOOD WOULD BE GOOD ENOUGH. 3826 02:14:36,001 --> 02:14:39,000 AND IT'S ONE THING TO DISAGREE 3827 02:14:39,001 --> 02:14:42,000 THING TO, ONE, DO A FILIBUSTER 3828 02:14:42,001 --> 02:14:43,000 BY PROXY, WHICH IS WHAT WE 3829 02:14:43,001 --> 02:14:47,000 ENCOUNTERED IN THE COMMITTEES 3830 02:14:47,001 --> 02:14:48,000 WITH LONG-STANDING AMENDMENTS -- 3831 02:14:48,001 --> 02:14:50,000 I MEAN, WITH THE INCREASED 3832 02:14:50,001 --> 02:14:52,000 VOLUME IN AMENDMENTS. 3833 02:14:52,001 --> 02:14:54,000 NOW, MR. PRESIDENT, WE NEED 3834 02:14:54,001 --> 02:14:57,000 HEALTH CARE REFORM, AND WE NEED 3835 02:14:57,001 --> 02:14:59,000 IT NOW, AND WE NEED IT IN A WAY 3836 02:14:59,001 --> 02:15:02,000 THAT ACCOMPLISHES THE GOAL OF 3837 02:15:02,001 --> 02:15:06,000 SAVING LIVES, IMPROVING LIVES, 3838 02:15:06,001 --> 02:15:08,000 AND AT THE SAME TIME CONTROLLING COSTS. 3839 02:15:08,001 --> 02:15:11,000 NUMBER ONE, I THINK WE ALL AGREE 3840 02:15:11,001 --> 02:15:13,000 WE NEED TO SAVE AND STALIZE MEDICARE. 3841 02:15:13,001 --> 02:15:15,000 THE OTHER THING WE NEED TO DO IS 3842 02:15:15,001 --> 02:15:17,000 END THE PUNITIVE PRACTICES OF 3843 02:15:17,001 --> 02:15:18,000 INSURANCE COMPANIES. 3844 02:15:18,001 --> 02:15:21,000 MR. PRESIDENT, I'M GOING TO TELL 3845 02:15:21,001 --> 02:15:25,000 YOU A BONE-CHILLING STORY. 3846 02:15:25,001 --> 02:15:26,000 I HELD A HEARING IN THE "HELP" 3847 02:15:26,001 --> 02:15:29,000 COMMITTEE ON HOW HEALTH 3848 02:15:29,001 --> 02:15:31,000 INSURANCE PRIVATE SECTOR TREATS 3849 02:15:31,001 --> 02:15:34,000 FIRST OF ALL, WE PAY MORE AND 3850 02:15:34,001 --> 02:15:36,000 GET LESS BENEFITS, 3851 02:15:36,001 --> 02:15:38,000 HAPPENED AND WHAT EMERGED WAS 3852 02:15:38,001 --> 02:15:41,000 THAT A WOMAN WHO APPLIED FOR 3853 02:15:41,001 --> 02:15:42,000 HEALTH CARE WHO HAD HAD 3854 02:15:42,001 --> 02:15:44,000 C-SECTION WAS DENIED BY 3855 02:15:44,001 --> 02:15:48,000 MI 3856 02:15:48,001 --> 02:15:50,000 A STERILIZATION. MR. PRESIDENT, DID YOU HEAR WHAT 3857 02:15:50,001 --> 02:15:51,000 I JUST SAID? 3858 02:15:51,001 --> 02:15:52,000 AN INSURANCE COMPANY 3859 02:15:52,001 --> 02:15:53,000 TOLD AN AMERICAN WOMAN TO GET 3860 02:15:53,001 --> 02:15:55,000 ALTH INSURANCE, SHE HAD TO 3861 02:15:55,001 --> 02:16:02,000 HAVE A STERILIZATION? 3862 02:16:02,001 --> 02:16:03,000 IS THIS FASCIST CHINA -- FASCIST 3863 02:16:03,001 --> 02:16:04,000 GERMANY? 3864 02:16:04,001 --> 02:16:05,000 IS THIS 3865 02:16:05,001 --> 02:16:06,000 THIS IS THE UNITED STATES OF 3866 02:16:06,001 --> 02:16:07,000 AMERICA. 3867 02:16:07,001 --> 02:16:08,000 WELL, WE WERE OUTRAGED. 3868 02:16:08,001 --> 02:16:11,000 I'VE BEEN IN TOUCH WITH THIS 3869 02:16:11,001 --> 02:16:13,000 INSURANCE COMPANY, GOT LIP 3870 02:16:13,001 --> 02:16:14,000 SERVICES PROMISES, BLOWOFF 3871 02:16:14,001 --> 02:16:15,000 LETTERS FROM THEIR LAWYERS AND 3872 02:16:15,001 --> 02:16:16,000 STUF 3873 02:16:16,001 --> 02:16:18,000 I'M WRITING AN AMENDMENT ON THE FLOOR. 3874 02:16:18,001 --> 02:16:20,000 SO WE'VE GOT TO GET RID OF THESE 3875 02:16:20,001 --> 02:16:24,000 PUNITIVE PRACTICES OF DENYING 3876 02:16:24,001 --> 02:16:25,000 HEALTH CARE ON THE BASIS OF A 3877 02:16:25,001 --> 02:16:28,000 PREVIOUS CONDITION, AND THEN NOT 3878 02:16:28,001 --> 02:16:30,000 ONLY DOING THAT BECAUSE OF THE 3879 02:16:30,001 --> 02:16:34,000 C-SECTION BUT THEN TO ENGAGE IN 3880 02:16:34,001 --> 02:16:37,000 A COERCIVE WAY TO GET -- ENFORCE 3881 02:16:37,001 --> 02:16:38,000 A STERILIZATION. 3882 02:16:38,001 --> 02:16:39,000 SO YOU THINK I WANT REFORM? 3883 02:16:39,001 --> 02:16:41,000 YOU BETTER BELIEVE I DO, AND I 3884 02:16:41,001 --> 02:16:43,000 THINK I SPEAK FOR THE MAJORITY 3885 02:16:43,001 --> 02:16:45,000 OF THE WOMEN IN THIS COUNTRY WHO 3886 02:16:45,001 --> 02:16:48,000 FEEL THE SAME WAY AND THE GOOD 3887 02:16:48,001 --> 02:16:49,000 MEN LIKE THE PRESIDING OFFICER 3888 02:16:49,001 --> 02:16:50,000 WHO WILL SUPPORT US ON IT. 3889 02:16:50,001 --> 02:16:51,000 I WILL HAVE AN AMENDMENT TO DEAL 3890 02:16:51,001 --> 02:16:53,000 WITH THIS IF THE INSURANCE 3891 02:16:53,001 --> 02:16:54,000 COMPANY CONTINUES TO BLOW ME 3892 02:16:54,001 --> 02:16:57,000 OFF. 3893 02:16:57,001 --> 02:16:58,000 FLOOR. 3894 02:16:58,001 --> 02:16:59,000 THE PRESIDING OFFICER: MORNING 3895 02:16:59,001 --> 02:17:00,000 BUSINESS 3896 02:17:00,001 --> 02:17:02,000 UNDER THE?? PREVIOUS ORDER, THE 3897 02:17:02,001 --> 02:17:04,000 MOTION TO PROCEED TO THE MOTION 3898 02:17:04,001 --> 02:17:06,000 TO RECONSIDER THE VOTE BY WHICH 3899 02:17:06,001 --> 02:17:07,000 CLOTURE WAS NOT INVOKED ON THE 3900 02:17:07,001 --> 02:17:13,000 COMMITTEE-REPORTED SUBSTITUTE TO 3901 02:17:13,001 --> 02:17:14,000 H.R. 2847 IS AGREED TO 3902 02:17:14,001 --> 02:17:15,000 MOTI 3903 02:17:15,001 --> 02:17:17,000 IS AGREED TO. 3904 02:17:17,001 --> 02:17:19,000 UNDER THE PREVIOUS ORDER, THERE 3905 02:17:19,001 --> 02:17:21,000 WILL BE 40 MINUTES OF DEBATE 3906 02:17:21,001 --> 02:17:23,000 EQUALLY DIVIDED AND CONTROLLED 3907 02:17:23,001 --> 02:17:26,000 AS FOLLOWS: 20 MINUTES UNDER THE 3908 02:17:26,001 --> 02:17:27,000 CONTROL OF THE SENATOR FROM 3909 02:17:27,001 --> 02:17:30,000 LOUISIANA AND 20 MINUTES TOTAL 3910 02:17:30,001 --> 02:17:31,000 UNDER THE CONTROL OF THE SENATOR 3911 02:17:31,001 --> 02:17:33,000 FROM MARYLAND, SENATOR MIKULSKI, 3912 02:17:33,001 --> 02:17:42,000 AND THE SENATOR FROM ALABAMA, 3913 02:17:42,001 --> 02:17:43,000 SENATOR SHELBY. 3914 02:17:43,001 --> 02:17:47,000 MS. MIKULSKI: MR. PRESIDENT, 3915 02:17:47,001 --> 02:17:48,000 IT'S ABOUT 12:25 -- WELL, EXCUSE 3916 02:17:48,001 --> 02:17:49,000 ME. 3917 02:17:49,001 --> 02:17:51,000 MR. PRESIDENT, VERY SHORTLY 3918 02:17:51,001 --> 02:17:53,000 WE'LL VOTE ON CLOTURE ON THE 3919 02:17:53,001 --> 02:17:54,000 C.J.S. BILL. 3920 02:17:54,001 --> 02:17:56,000 AS THE CHAIRPERSON OF THE BILL, 3921 02:17:56,001 --> 02:18:03,000 D LIKE TO SAY WE WANT TO 3922 02:18:03,001 --> 02:18:07,000 FINISH THIS TODAY. 3923 02:18:07,001 --> 02:18:11,000 SO THAT WE CAN MOVE F 3924 02:18:11,001 --> 02:18:12,000 FUNDING. 3925 02:18:12,001 --> 02:18:13,000 MR. PRESIDENT, I HAVE TO YIELD 3926 02:18:13,001 --> 02:18:16,000 THE FLOOR A MOMENT AND I NOTE 3927 02:18:16,001 --> 02:18:47,000 THE ABSENCE OF A QUORUM. 3928 02:18:47,001 --> 02:18:49,000 QUORUM CALL: 3929 02:18:49,001 --> 02:18:50,000 MS. MIKULSKI: MR. PRESIDENT? THE PRESIDING OFFICER: THE 3930 02:18:50,001 --> 02:18:52,000 SENATOR FROM MARYLAND. 3931 02:18:52,001 --> 02:18:54,000 MS. MIKULS 3932 02:18:54,001 --> 02:18:56,000 CALL OF THE QUORUM BE VACATED. THE PRESIDING OFFICER: WITHOUT 3933 02:18:56,001 --> 02:18:57,000 OBJECTION. 3934 02:18:57,001 --> 02:19:00,000 MS. MIKULSKI: MR. PRESIDENT, 3935 02:19:00,001 --> 02:19:01,000 RECLAIMING MY TIME AS THE 3936 02:19:01,001 --> 02:19:02,000 MANAGER OF THE BILL, I WANT TO 3937 02:19:02,001 --> 02:19:04,000 BRING TO COLLEAGUES' ATTENTION 3938 02:19:04,001 --> 02:19:08,000 THAT AT 12:25 TODAY, WE'RE GOING 3939 02:19:08,001 --> 02:19:10,000 TO VOTE ON THE CLOTURE OF THE COMMERCE-JUSTICE-SCIENCE 3940 02:19:10,001 --> 02:19:11,000 APPROPRIATIONS BILL. 3941 02:19:11,001 --> 02:19:17,000 WE WOULD LIKE TO FINISH THIS 3942 02:19:17,001 --> 02:19:19,000 BILL TODAY, AND WHEN I SAY "I" I 3943 02:19:19,001 --> 02:19:20,000 MEAN SENATOR SHELBY, MY RANKING 3944 02:19:20,001 --> 02:19:22,000 MEMBER, AND MYSELF. 3945 02:19:22,001 --> 02:19:24,000 THIS BILL IS THE RESULT OF A 3946 02:19:24,001 --> 02:19:25,000 RIGOROUS BIPARTISAN EFFORT TO 3947 02:19:25,001 --> 02:19:28,000 FUND THE DEPARTMENT OF JUSTICE, 3948 02:19:28,001 --> 02:19:31,000 INCLUDING THE F.B.I. AND D.E.A., 3949 02:19:31,001 --> 02:19:32,000 THE COMMERCE DEPARTMENT, MAJOR 3950 02:19:32,001 --> 02:19:34,000 SCIENCE AGENCIES THAT PROPEL O 3951 02:19:34,001 --> 02:19:36,000 COUNTRY IN THE AREA OF 3952 02:19:36,001 --> 02:19:37,000 INNOVATION AND TECHNOLOGY 3953 02:19:37,001 --> 02:19:40,000 DEVELOPMENT, LIKE THE NATIONAL 3954 02:19:40,001 --> 02:19:41,000 SCIENCE FOUNDATION AND THE 3955 02:19:41,001 --> 02:19:43,000 NATIONAL SPACE AGENCY. 3956 02:19:43,001 --> 02:19:45,000 SO WE WANT THE SETE TO BE ABLE 3957 02:19:45,001 --> 02:19:47,000 TO DEAL WITH THIS AND THEN MOVE 3958 02:19:47,001 --> 02:19:50,000 ON TO OTHER BUSINESS. 3959 02:19:50,001 --> 02:19:51,000 AFTER THE CLOTURE VOTE, IT IS 3960 02:19:51,001 --> 02:19:53,000 OUR INTENTION TO DISPOSE OF ANY 3961 02:19:53,001 --> 02:19:54,000 PENDING AMENDMENTS THAT ARE 3962 02:19:54,001 --> 02:19:58,000 GERMANE TO THE BILL. 3963 02:19:58,001 --> 02:20:01,000 THIS BILL HAS BEEN PUBLIC SINCE JUNE. 3964 02:20:01,001 --> 02:20:04,000 IT'S BEEN ON THE FLOOR ALREADY 3965 02:20:04,001 --> 02:20:06,000 FOR FOUR DAYS AND OVER 20 HOURS. 3966 02:20:06,001 --> 02:20:07,000 SENATORS HAVE HAD AMPLE TIME TO 3967 02:20:07,001 --> 02:20:08,000 DRAFT AND CALL UP THEIR 3968 02:20:08,001 --> 02:20:09,000 AMENDMENTS. 3969 02:20:09,001 --> 02:20:10,000 SO SENATOR SHELBY AND I WOULD 3970 02:20:10,001 --> 02:20:12,000 HOPE TO BE ABLE TO MOVE THROUGH 3971 02:20:12,001 --> 02:20:17,000 THE AMENDMENTS IN A WELL-PACED 3972 02:20:17,001 --> 02:20:19,000 BUT BRISK FASHION. 3973 02:20:19,001 --> 02:20:22,000 MR. PRESIDENT, WE WOULD HOPE OUR 3974 02:20:22,001 --> 02:20:24,000 COLLEAGUES WOULD COOPERATE AND 3975 02:20:24,001 --> 02:20:26,000 HAVE 3976 02:20:26,001 --> 02:20:29,000 THE FUNDING OF THESE IMPORTANT 3977 02:20:29,001 --> 02:20:32,000 AGENCIES BE DECIDED ON ROBUST 3978 02:20:32,001 --> 02:20:34,000 DEBATE AND THE MERITS OF THE 3979 02:20:34,001 --> 02:20:36,000 ARGUMENT RATHER THAN DELAY AND 3980 02:20:36,001 --> 02:20:38,000 DITHER, DELAY AND DITHER, DELAY 3981 02:20:38,001 --> 02:20:40,000 AND DITHER TACTICS OF THE OTHER SIDE. 3982 02:20:40,001 --> 02:20:42,000 SO WE DON'T WANT TO DELAY. 3983 02:20:42,001 --> 02:20:47,000 WE DON'T 3984 02:20:47,001 --> 02:20:48,000 WE WANT TO PROCEED, DEBATE 3985 02:20:48,001 --> 02:20:53,000 GERMANE AMENDMENTS AND BRING OUR 3986 02:20:53,001 --> 02:20:54,000 BILL TO A PROMPT CLOSURE. 3987 02:20:54,001 --> 02:21:04,000 MR. PRESIDENT, I RESERVE THE 3988 02:21:04,001 --> 02:21:05,000 BALANCE OF MY 3989 02:21:05,001 --> 02:21:07,000 THE PRESIDING OFFICER: THE SENATOR FROM MARYLAND. 3990 02:21:07,001 --> 02:21:10,000 MS. MIKULSKI: MR. PRESIDENT, I 3991 02:21:10,001 --> 02:21:11,000 HAVE TWO CONSENT REQUESTS. 3992 02:21:11,001 --> 02:21:15,000 I ASK UNANIMOUS CONSENT THAT 3993 02:21:15,001 --> 02:21:16,000 RICHARD BURKHART, A DETAILEE 3994 02:21:16,001 --> 02:21:18,000 FROM FINANCIAL SERVICES, BE 3995 02:21:18,001 --> 02:21:21,000 GRANTED FLOOR PRIVILEGES DURING 3996 02:21:21,001 --> 02:21:23,000 THE CONSIDERATION OF THE C.J.S. 3997 02:21:23,001 --> 02:21:24,000 THER 3998 02:21:24,001 --> 02:21:25,000 THE PRESIDING OFFICER: WITHOUT 3999 02:21:25,001 --> 02:21:29,000 OBJECTION. 4000 02:21:29,001 --> 02:21:35,000 MS. MIKULSKI: 4001 02:21:35,001 --> 02:21:36,000 ALSO HAVE TEN UNANIMOUS CONSENT REQUESTS FOR COMMITTEES TO MEET 4002 02:21:36,001 --> 02:21:37,000 DURING TODAY'S SESSION OF THE SENATE. 4003 02:21:37,001 --> 02:21:39,000 THEY HAVE THE APPROVAL OF THE 4004 02:21:39,001 --> 02:21:41,000 MAJORITY AND MINORITY LEADERS. 4005 02:21:41,001 --> 02:21:42,000 I THEREFORE ASK UNANIMOUS 4006 02:21:42,001 --> 02:21:44,000 CONSENT THAT THESE REQUESTS BE 4007 02:21:44,001 --> 02:21:45,000 AGREED TO AND THAT THEY BE 4008 02:21:45,001 --> 02:21:46,000 PRINTED IN THE RECORD. 4009 02:21:46,001 --> 02:21:48,000 THE PRESIDING OFFICER: WITHOUT 4010 02:21:48,001 --> 02:21:49,000 OBJECTION. 4011 02:21:49,001 --> 02:21:51,000 MS. MIKULSKI: 4012 02:21:51,001 --> 02:21:52,000 RESERVE THE BALANCE OF MY TIME. 4013 02:21:52,001 --> 02:21:53,000 MR. CHAMBLISS: MR. PRESIDENT? 4014 02:21:53,001 --> 02:21:54,000 THE PRESIDING OFFICER: THE 4015 02:21:54,001 --> 02:21:55,000 SENATO FROM GEORGIA. 4016 02:21:55,001 --> 02:21:56,000 MR. CHAMBLISS: MR. PRESIDENT, I ASK UNANIMOUS CONSENT THAT WHEN 4017 02:21:56,001 --> 02:21:59,000 THE SENATE DOES RESUME 4018 02:21:59,001 --> 02:22:01,000 CONSIDERATION OF H.R. 2847, THAT 4019 02:22:01,001 --> 02:22:03,000 IT BE IN ORDER FOR NOTICE OFFER 4020 02:22:03,001 --> 02:22:04,000 AMENDMENT -- 4021 02:22:04,001 --> 02:22:07,000 AMENDMENT 2676, WHICH IS FILED 4022 02:22:07,001 --> 02:22:08,000 AT THE DESK. 4023 02:22:08,001 --> 02:22:09,000 MS. MIKULSKI: MR. PRESIDENT? THE PRESIDING OFFICER: IS THERE 4024 02:22:09,001 --> 02:22:10,000 OBJECTION? 4025 02:22:10,001 --> 02:22:12,000 MS. MIKULSKI: I OBJECT. 4026 02:22:12,001 --> 02:22:15,000 THE INTENTION IS TO VOTE ON LOW 4027 02:22:15,001 --> 02:22:17,000 DISPIEWR DISPOSE OF PENDING 4028 02:22:17,001 --> 02:22:18,000 GER -- CLOTURE AND DISPOSE OF 4029 02:22:18,001 --> 02:22:19,000 PENDING GERMANE AMENDMENTS. 4030 02:22:19,001 --> 02:22:22,000 THE SENATOR'S AMENDMENT IS NOT 4031 02:22:22,001 --> 02:22:24,000 PENDING SO I DO OBJECT, WITH ALL 4032 02:22:24,001 --> 02:22:25,000 COURTESY BECAUSE OF MY RESPECT 4033 02:22:25,001 --> 02:22:26,000 FOR THE SENATOR. 4034 02:22:26,001 --> 02:22:27,000 THE PRESIDING OFFICE 4035 02:22:27,001 --> 02:22:31,000 IS HEARD. 4036 02:22:31,001 --> 02:22:32,000 MR. CHAMBLISS: MR. PRESIDENT, I 4037 02:22:32,001 --> 02:22:33,000 OBVIOUSLY AM VERY DISAPPOINTED 4038 02:22:33,001 --> 02:22:34,000 TO SEE MY COLLEAGUES ON THE 4039 02:22:34,001 --> 02:22:35,000 OTHER SIDE OF THE AISLE OBJECT 4040 02:22:35,001 --> 02:22:37,000 TO MY AMENDMENT. 4041 02:22:37,001 --> 02:22:38,000 IT'S A PRETTY SIMPLE, 4042 02:22:38,001 --> 02:22:40,000 STRAIGHTFORWARD AMENDMENT. 4043 02:22:40,001 --> 02:22:42,000 WE HAVE VOTED SEVERAL DIFFERENT 4044 02:22:42,001 --> 02:22:43,000 TIMES ON APPROPRIATIONS BILLS 4045 02:22:43,001 --> 02:22:44,000 THAT HAVE BEEN ON THE FLOOR OF 4046 02:22:44,001 --> 02:22:48,000 THE SENATE OVER THE LAST COUPLE 4047 02:22:48,001 --> 02:22:50,000 OF WEEKS WHEREIN THE FOLKS ON 4048 02:22:50,001 --> 02:22:53,000 THE OTHER SIDE OF THE AISLE 4049 02:22:53,001 --> 02:22:55,000 INSIST O 4050 02:22:55,001 --> 02:22:58,000 OF PRISONERS FROM GUANTANAMO BAY 4051 02:22:58,001 --> 02:23:00,000 TO THE UNITED STATES FOR TRIAL. 4052 02:23:00,001 --> 02:23:02,000 MY AMENDMENT PROHIBITS THAT. 4053 02:23:02,001 --> 02:23:06,000 I SIMPLY THINK THAT IT'S NOT 4054 02:23:06,001 --> 02:23:08,000 APPROPRIATE TO BRING BATTLEFIELD 4055 02:23:08,001 --> 02:23:10,000 COMBATANTS INTO ARTICLE 3 TRIALS 4056 02:23:10,001 --> 02:23:12,000 INSIDE THE UNITED STATES FOR ANY 4057 02:23:12,001 --> 02:23:15,000 NUMBER OF PROCEDURAL REASONS 4058 02:23:15,001 --> 02:23:17,000 RELATIVE TO THE TREATMENT OF 4059 02:23:17,001 --> 02:23:19,000 GUANTANAMO BAY PRISONERS WITHIN 4060 02:23:19,001 --> 02:23:24,000 OUR FEDERAL COURTS. 4061 02:23:24,001 --> 02:23:26,000 BUT EVEN BEYOND THAT, THE 4062 02:23:26,001 --> 02:23:28,000 FOACIAL FOR THE RELEASE OF 4063 02:23:28,001 --> 02:23:31,000 ENEMY COMBATANTS ONCE THEY 4064 02:23:31,001 --> 02:23:33,000 ARRIVE ON U.S. SOIL CERTAINLY IS 4065 02:23:33,001 --> 02:23:36,000 INCREASED AND THIS IS NOT THE 4066 02:23:36,001 --> 02:23:37,000 WAY WE NEED TO BE TREATING ENEMY 4067 02:23:37,001 --> 02:23:40,000 COMBATANTS. 4068 02:23:40,001 --> 02:23:41,000 THOSE MEN WHO ARE AT GITMO ARE 4069 02:23:41,001 --> 02:23:44,000 THE MEANEST, NASTIEST KILLERS IN 4070 02:23:44,001 --> 02:23:47,000 THE WORLD, EVERY SINGLE ONE OF 4071 02:23:47,001 --> 02:23:48,000 THEM WAKES UP EVERY DAY THINKING 4072 02:23:48,001 --> 02:23:50,000 OF WAYS THEY CAN KILL AND HARM 4073 02:23:50,001 --> 02:23:53,000 AMERICANS, BOTH OUR SOLDIERS AS WELL AS INDIVIDUALS. 4074 02:23:53,001 --> 02:23:54,000 SOME OF THEM WERE INVOLVED IN 4075 02:23:54,001 --> 02:23:57,000 THE PLANNING AND THE CARRYING 4076 02:23:57,001 --> 02:23:59,000 OUT OF THE SEPTEMBER 11 ATTACKS. 4077 02:23:59,001 --> 02:24:02,000 OTHERS WERE ARRESTED ON THE 4078 02:24:02,001 --> 02:24:05,000 BATTLEFIELD IN IRAQ AND IN GUANTANAMO. 4079 02:24:05,001 --> 02:24:09,000 WE ARE NOT EQUIPPED NOR HAVE WE 4080 02:24:09,001 --> 02:24:11,000 EVER IN OUR HISTORY DEALT WITH 4081 02:24:11,001 --> 02:24:13,000 THE TRIAL IN ARTICLE 3 COURTS OF 4082 02:24:13,001 --> 02:24:14,000 ANY ENEMY COMBATANT ARRESTED ON 4083 02:24:14,001 --> 02:24:18,000 THE BATTLEFIELD. 4084 02:24:18,001 --> 02:24:19,000 THE F.B.I. HAS NOT INV 4085 02:24:19,001 --> 02:24:21,000 CASES PRIOR TO ARRESTS. 4086 02:24:21,001 --> 02:24:22,000 THESE FOLKS WERE NOT GIVEN 4087 02:24:22,001 --> 02:24:23,000 MIRANDA WARNINGS BECAUSE OUR 4088 02:24:23,001 --> 02:24:25,000 SOLDIERS CAPTURED THESE 4089 02:24:25,001 --> 02:24:28,000 INDIVIDUALS WITH AK-47'S IN THEIR HANDS THAT THEY WERE 4090 02:24:28,001 --> 02:24:30,000 SHOOTING AT OUR MEN WITH, AND 4091 02:24:30,001 --> 02:24:31,000 THESE ARE NOT THE TYPE OF 4092 02:24:31,001 --> 02:24:34,000 INDIVIDUALS THAT OUR CRIMINAL 4093 02:24:34,001 --> 02:24:36,000 COURTS ARE DESIGNED TO HANDLE OR 4094 02:24:36,001 --> 02:24:37,000 CAN FEASIBLY HANDLE. 4095 02:24:37,001 --> 02:24:38,000 SO, MR. PRESIDENT, I'M 4096 02:24:38,001 --> 02:24:42,000 DISAPPOINTED THAT WE'RE NOT 4097 02:24:42,001 --> 02:24:43,000 GOING TO GET A VOTE ON THIS AND 4098 02:24:43,001 --> 02:24:46,000 I'LL CONTINUE TO RAISE THIS 4099 02:24:46,001 --> 02:24:49,000 ISSUE AS LONG AS WE POSSIBLY CAN 4100 02:24:49,001 --> 02:24:51,000 BETWEEN NOW AND THE TIME THAT 4101 02:24:51,001 --> 02:24:54,000 GUANTANAMO 4102 02:24:54,001 --> 02:24:55,000 BE CLOSED AND FROM A PRACTICAL 4103 02:24:55,001 --> 02:24:56,000 STANDPOINT UNTIL IT IS CLOSED, 4104 02:24:56,001 --> 02:24:58,000 IF THAT EVER DOES HAPPEN. 4105 02:24:58,001 --> 02:24:59,000 WE'VE GOT THE COURTS AT 4106 02:24:59,001 --> 02:25:00,000 GUANTANAMO BAY EQUIPPED TO 4107 02:25:00,001 --> 02:25:03,000 HANDLE AND TRY THESE INDIVIDUALS 4108 02:25:03,001 --> 02:25:05,000 FOR MILITARY TRIBUNALS. 4109 02:25:05,001 --> 02:25:07,000 THOSE 4110 02:25:07,001 --> 02:25:08,000 ESTABLISHED, JUST REAUTHORIZED. 4111 02:25:08,001 --> 02:25:09,000 WE'RE CAPABLE OF HANDLING THE 4112 02:25:09,001 --> 02:25:10,000 TRIALS AT GUANTANAMO BAY AND 4113 02:25:10,001 --> 02:25:12,000 THAT'S WHERE THEY SHOULD TAKE 4114 02:25:12,001 --> 02:25:17,000 PLACE. AND, MR. PRESIDENT, I WANT TO 4115 02:25:17,001 --> 02:25:18,000 MAKE SURE THAT -- THAT TIME I'VE 4116 02:25:18,001 --> 02:25:19,000 UTILIZED IS CHARGED AGAINST 4117 02:25:19,001 --> 02:25:21,000 SENATOR VITTER, WHICH HAS BEEN 4118 02:25:21,001 --> 02:25:22,000 AGREEDN BY THE SENATOR. 4119 02:25:22,001 --> 02:25:24,000 THE PRESIDING OFFICER: IT WILL 4120 02:25:24,001 --> 02:25:25,000 BE SO CHARGED. 4121 02:25:25,001 --> 02:25:27,000 MR. DeMINT: MR. PRESIDENT? THE PRESIDING OFFICER: THE 4122 02:25:27,001 --> 02:25:28,000 SENATOR FROM SOUTH CAROLINA. MR. DeMINT: I APPRECIATE THE 4123 02:25:28,001 --> 02:25:31,000 SENATOR FROM GEORGIA ATTEMPTING 4124 02:25:31,001 --> 02:25:33,000 TO GET A VERY IMPORTANT 4125 02:25:33,001 --> 02:25:35,000 AMENDMENT ON THE FLOOR, AND I 4126 02:25:35,001 --> 02:25:37,000 WOULD LIKE TO ALSO MAKE A 4127 02:25:37,001 --> 02:25:41,000 UNANIMOUS CONSENT REQUEST FOR A 4128 02:25:41,001 --> 02:25:42,000 RELATED AMENDMENT RELATED TO THE 4129 02:25:42,001 --> 02:25:44,000 TERRORISTS IN GUANTANAMO BAY. 4130 02:25:44,001 --> 02:25:46,000 THIS WEEK I WAS ADVISED BY THE 4131 02:25:46,001 --> 02:25:48,000 OFFICIALS AT THE AIR FORCE AND 4132 02:25:48,001 --> 02:25:49,000 NAVY BASE IN CHARLESTON -- 4133 02:25:49,001 --> 02:25:50,000 MRS. MIKULSKI: WOULD THE SENATOR 4134 02:25:50,001 --> 02:25:51,000 YIELD FOR A QUESTION? 4135 02:25:51,001 --> 02:25:53,000 ARE YOU OFFERING THE AMENDMENT? 4136 02:25:53,001 --> 02:25:55,000 MR. DeMINT: IT WOULD JUST BE A SECOND. 4137 02:25:55,001 --> 02:25:56,000 YES, I WILL YIELD. 4138 02:25:56,001 --> 02:25:57,000 YES. 4139 02:25:57,001 --> 02:25:58,000 MS. MIKULSKI: NO, I'M SAYING, 4140 02:25:58,001 --> 02:25:59,000 ARE YOU OFFERING IT, AN 4141 02:25:59,001 --> 02:26:00,000 AMENDMENT, OR ARE YOU GIVING A 4142 02:26:00,001 --> 02:26:02,000 SPEECH ABOUT THE DESIRE TO OFFER 4143 02:26:02,001 --> 02:26:03,000 AN AMENDMENT? 4144 02:26:03,001 --> 02:26:05,000 MR. DeMINT: I DESIRE TO OFFER 4145 02:26:05,001 --> 02:26:07,000 AN AMENDMENT AND I'M MAKING A 4146 02:26:07,001 --> 02:26:08,000 UNANIMOUS CONSENT REQUEST TO 4147 02:26:08,001 --> 02:26:10,000 ALLOW MY AMENDMENT TO BE 4148 02:26:10,001 --> 02:26:15,000 CONSIDERED POSTCLOTURE. 4149 02:26:15,001 --> 02:26:17,000 I HAVE A REQUEST HERE I'LL READ. THANK YOU. 4150 02:26:17,001 --> 02:26:18,000 AND I'LL GET TO THE REQUEST IN A 4151 02:26:18,001 --> 02:26:22,000 MOMENT. 4152 02:26:22,001 --> 02:26:23,000 JUST WANTEDO -- JUST A FEW 4153 02:26:23,001 --> 02:26:24,000 SECONDS OF BACKGROUND. 4154 02:26:24,001 --> 02:26:26,000 WE THINK WE KNOW THIS IS NOT AN 4155 02:26:26,001 --> 02:26:29,000 IDLE THREAT BECAUSE INQUIRIES 4156 02:26:29,001 --> 02:26:30,000 HAD BEEN MADE INTO CHARLESTON 4157 02:26:30,001 --> 02:26:33,000 INTO MOVING -- FOR MOVING 4158 02:26:33,001 --> 02:26:35,000 DETAINEES FROM GUANTANAMO BAY TO 4159 02:26:35,001 --> 02:26:36,000 MINIMUM SECURITY BRIGS IN CHARLESTON. 4160 02:26:36,001 --> 02:26:38,000 SO I WOULD LIKE TO MAKE A 4161 02:26:38,001 --> 02:26:39,000 UNANIMOUS CONSENT REQUEST THAT 4162 02:26:39,001 --> 02:26:43,000 WHEN THE SENATE RESUMES 4163 02:26:43,001 --> 02:26:46,000 CONSIDERATION OF H.R. 2847, IT 4164 02:26:46,001 --> 02:26:47,000 BE IN ORDER FOR ME TO OFFER AN 4165 02:26:47,001 --> 02:26:49,000 AMENDMENT PREVENTING THE 4166 02:26:49,001 --> 02:26:53,000 TRANSFER OF KNOWN TERRORISTS AT 4167 02:26:53,001 --> 02:26:55,000 GUANTANAMO TO U.S. SOIL. 4168 02:26:55,001 --> 02:26:57,000 MS. MIKULSKI: MR. PRESIDENT? 4169 02:26:57,001 --> 02:26:59,000 I OBJECT TO THE AMENDMENT. 4170 02:26:59,001 --> 02:27:00,000 THE INTENTION IS TO VOTE ON 4171 02:27:00,001 --> 02:27:02,000 CLOTURE, DISPOSE OF PENDING 4172 02:27:02,001 --> 02:27:04,000 GERMANE AMENDMENTS. 4173 02:27:04,001 --> 02:27:06,000 THE SENATOR'S AMENDMENT IS NOT 4174 02:27:06,001 --> 02:27:07,000 PENDING SO I OBJECT. 4175 02:27:07,001 --> 02:27:08,000 THE PRESIDING OFFICER: THE 4176 02:27:08,001 --> 02:27:09,000 OBJECTION IS HEARD. 4177 02:27:09,001 --> 02:27:11,000 MR. DeMINT: MR. PRESIDENT, 4178 02:27:11,001 --> 02:27:17,000 THIS AMENDMENT HAS BEEN FILED AS 4179 02:27:17,001 --> 02:27:19,000 A SECOND DEGREE. 4180 02:27:19,001 --> 02:27:21,000 IT MAKES NOENSE FOR US AT THIS 4181 02:27:21,001 --> 02:27:22,000 POINT TO NOT HAVE A SHORT DEBATE 4182 02:27:22,001 --> 02:27:23,000 ABOUT MOVING THE MOST DANGEROUS 4183 02:27:23,001 --> 02:27:25,000 PEOPLE IN THE WORLD TO AMERICAN 4184 02:27:25,001 --> 02:27:27,000 SOIL. 4185 02:27:27,001 --> 02:27:28,000 IT'S APPROPRIATE FOR US TO ALLOW 4186 02:27:28,001 --> 02:27:30,000 AT LEAST A SMALL AMOUNT OF TIME 4187 02:27:30,001 --> 02:27:32,000 AS WE RUSH THESE BILLS THROUGH 4188 02:27:32,001 --> 02:27:34,000 TO TALK ABOUT THE ISSUES THAT 4189 02:27:34,001 --> 02:27:36,000 ARE IMPORTANT TO AMERICANS. 4190 02:27:36,001 --> 02:27:40,000 SO I'M OBVIOUSLY DISAPPOINTED 4191 02:27:40,001 --> 02:27:43,000 THAT WE WILL NOT ALLOW THE 4192 02:27:43,001 --> 02:27:44,000 DISCUSSION OF MY AMENDMENT OR 4193 02:27:44,001 --> 02:27:45,000 THE SENATOR FROM GEORGIA OR 4194 02:27:45,001 --> 02:27:48,000 OTHERS WHO ARE TRYING TO GET 4195 02:27:48,001 --> 02:27:49,000 THIS ISSUE IN FRONT OF THIBODY 4196 02:27:49,001 --> 02:27:51,000 FOR DISCUSSION. 4197 02:27:51,001 --> 02:27:53,000 IT DOESN'T MEAN YOU CAN'T VOTE 4198 02:27:53,001 --> 02:27:54,000 IT DOWN, BUT NOT TO ALLOW DEBATE 4199 02:27:54,001 --> 02:27:55,000 IS CERTAINLY DISCOURAGING AT 4200 02:27:55,001 --> 02:27:58,000 THIS POINT. 4201 02:27:58,001 --> 02:27:59,000 BUT I APPRECIATE SENATOR VITTER 4202 02:27:59,001 --> 02:28:00,000 GIVING US A FEW MINUTES TO OFFER 4203 02:28:00,001 --> 02:28:16,000 THIS, AND I WILL YIELD THE FLOOR 4204 02:28:16,001 --> 02:28:17,000 TO HIM. 4205 02:28:17,001 --> 02:28:18,000 MR. VITTER: MR. PRESIDENT? 4206 02:28:18,001 --> 02:28:21,000 THE PRESIDING OFFICER: THE 4207 02:28:21,001 --> 02:28:22,000 SENATOR FROM 4208 02:28:22,001 --> 02:28:23,000 YES, SIR. 4209 02:28:23,001 --> 02:28:24,000 MR. VITTER: THANK YOU, 4210 02:28:24,001 --> 02:28:26,000 MR. PRESIDENT. 4211 02:28:26,001 --> 02:28:29,000 MR. PRESIDENT, I RISE AGAIN IN 4212 02:28:29,001 --> 02:28:32,000 STRONG SUPPORT OF MY AMENDMENT 4213 02:28:32,001 --> 02:28:33,000 NUMBER 2644 TO THE 4214 02:28:33,001 --> 02:28:36,000 COMMERCE-JUSTICE-STATE 4215 02:28:36,001 --> 02:28:40,000 APPROPRIATIONS BILL, AND IT IS 4216 02:28:40,001 --> 02:28:42,000 COAUTHORED BY THE DISTINGUISHED 4217 02:28:42,001 --> 02:28:43,000 SENATOR BENNETT FROM UTAH AND 4218 02:28:43,001 --> 02:28:44,000 IT'S STRONGLY SUPPORTED BY MANY 4219 02:28:44,001 --> 02:28:45,000 OTHER MEMBERS. 4220 02:28:45,001 --> 02:28:49,000 MR. PRESIDENT, THERE'S BEEN A 4221 02:28:49,001 --> 02:28:52,000 LOT SAID ABOUT THIS AMENDMENT, 4222 02:28:52,001 --> 02:28:54,000 MOST OF IT INACCURAT SO LET ME 4223 02:28:54,001 --> 02:28:55,000 STEP BACK AND START AT WHAT THE 4224 02:28:55,001 --> 02:28:57,000 AMENDMENT SAYS. 4225 02:28:57,001 --> 02:28:58,000 PRETTY SIMPLE, PRETTY 4226 02:28:58,001 --> 02:28:59,000 STRAIGHTFORWARD WHEN YOU 4227 02:28:59,001 --> 02:29:02,000 ACTUALLY READ IT. 4228 02:29:02,001 --> 02:29:04,000 THE AMENDMENT SIMPLY REQUIRES 4229 02:29:04,001 --> 02:29:08,000 THE CENSUS THAT WERE SET TO 4230 02:29:08,001 --> 02:29:09,000 TAKE NEXT YEAR TO ASK WHETHER 4231 02:29:09,001 --> 02:29:11,000 THE RESPONDENT IS A CITIZEN OR 4232 02:29:11,001 --> 02:29:13,000 NOT. THE AMENDMENT DOESN'T DO 4233 02:29:13,001 --> 02:29:15,000 ANYTHING BUT THAT. 4234 02:29:15,001 --> 02:29:19,000 IT SIMPLY SAYS THE CENSUS SHOULD 4235 02:29:19,001 --> 02:29:21,000 ASK FOLKS IF THEY'R THEY ARE CITIZENS. 4236 02:29:21,001 --> 02:29:24,000 SO IT'S VERY STRAIGHTFORWARD. 4237 02:29:24,001 --> 02:29:32,000 WE SHOULD COUNT EVERY PERSON IN 4238 02:29:32,001 --> 02:29:33,000 THE UNITED STATES. THE CENSUS SHOULD INCLUDE 4239 02:29:33,001 --> 02:29:34,000 EVERYONE, BUT IN SO DOING, I AM 4240 02:29:34,001 --> 02:29:36,000 ENCOURAGING -- AND MY 4241 02:29:36,001 --> 02:29:37,000 WOULD REQUIRE -- THAT THE CENSUS 4242 02:29:37,001 --> 02:29:39,000 ASK IF AN INDIVIDUAL IS A 4243 02:29:39,001 --> 02:29:41,000 CITIZEN OR NOT. 4244 02:29:41,001 --> 02:29:43,000 COMPARED TO THAT SIMPLE 4245 02:29:43,001 --> 02:29:46,000 STATEMENT OF PICY, THAT 4246 02:29:46,001 --> 02:29:49,000 STIMULUS GOAL, IT'S ABSOLUTELY 4247 02:29:49,001 --> 02:29:50,000 MIND-BOGGLING TO ME SOME OF THE STATEMENTS THAT HAVE BEEN MADE 4248 02:29:50,001 --> 02:29:52,000 ABOUT IT. 4249 02:29:52,001 --> 02:29:54,000 FIRST OF ALL, THE DISTINGUISHED 4250 02:29:54,001 --> 02:29:56,000 MAJORITY LEADER, SENATOR REID, 4251 02:29:56,001 --> 02:29:58,000 ADMITTED IN SEVERAL CONFERENCE 4252 02:29:58,001 --> 02:30:00,000 CALLS AND STATEMENTS TO THE 4253 02:30:00,001 --> 02:30:02,000 PRESS THAT HE'S TRYING TO INVOKE 4254 02:30:02,001 --> 02:30:05,000 CLOTURE ON THIS BILL, 4255 02:30:05,001 --> 02:30:07,000 SPECIFICALLY TO BLOCK OUT ANY 4256 02:30:07,001 --> 02:30:10,000 VOTE, ANY DISCUSSION OF THE 4257 02:30:10,001 --> 02:30:12,000 VITTER AMENDMENT. 4258 02:30:12,001 --> 02:30:15,000 SECONDLY, IN SAYING THAT, THE 4259 02:30:15,001 --> 02:30:16,000 MAJORITY LEADER CALLED MY 4260 02:30:16,001 --> 02:30:19,000 AMENDMENT "ANTI-IMMIGRANT." 4261 02:30:19,001 --> 02:30:21,000 NOW, I HONESTLY DON'T SEE HOW 4262 02:30:21,001 --> 02:30:25,000 ANY REASONABLE PERSON CAN SAY, 4263 02:30:25,001 --> 02:30:26,000 WE TAKE A CENSUS; WE SIMY ASK 4264 02:30:26,001 --> 02:30:28,000 WHETHER THE RESPONDENT IS A 4265 02:30:28,001 --> 02:30:32,000 CITIZEN OR NONCITIZEN. 4266 02:30:32,001 --> 02:30:33,000 PLENTY OF NONCITIZENS WHO ARE 4267 02:30:33,001 --> 02:30:34,000 HERE ILLEGALLY IS 4268 02:30:34,001 --> 02:30:37,000 ANTI-IMMIGRANT. 4269 02:30:37,001 --> 02:30:38,000 THIRD, AND 4270 02:30:38,001 --> 02:30:41,000 OUTRAGEOUSLY, SENATOR REID SAID 4271 02:30:41,001 --> 02:30:44,000 THAT MY EFFORT IS AKIN TO THE 4272 02:30:44,001 --> 02:30:46,000 ACTIVITIES IN THE 1950'S AND 4273 02:30:46,001 --> 02:30:48,000 1960'S TO INTIMIDATE BLACK 4274 02:30:48,001 --> 02:30:50,000 CITIZENS AND TRY TO GET THEM TO 4275 02:30:50,001 --> 02:30:52,000 STAY AWAY FROM VOTING IN THE 4276 02:30:52,001 --> 02:30:53,000 VOTING BOOTH. 4277 02:30:53,001 --> 02:30:57,000 I TAKE PERSONAL OFFENSE TO THAT. 4278 02:30:57,001 --> 02:30:58,000 I THINK THERE'S NO REASONABLE 4279 02:30:58,001 --> 02:31:00,000 COMPARISON, AND I ASK SENATOR 4280 02:31:00,001 --> 02:31:01,000 REID TO APOLOGIZE TO ME FOR THAT 4281 02:31:01,001 --> 02:31:03,000 OUTRAGEOUS STATEMENT ON THE 4282 02:31:03,001 --> 02:31:05,000 SENATE FLOOR. 4283 02:31:05,001 --> 02:31:06,000 AS I SAID, WHAT THE AMENDMENT 4284 02:31:06,001 --> 02:31:08,000 DOES IS SIMPLE. 4285 02:31:08,001 --> 02:31:17,000 IT SAYS THE CENSUS SHOULD ASK 4286 02:31:17,001 --> 02:31:19,000 WHETHER A REUPON D RESPOON DPENT ACCIDENT -- 4287 02:31:19,001 --> 02:31:21,000 SHOULD ASK WHETHER A RESPOON 4288 02:31:21,001 --> 02:31:22,000 DPENTS IS A CITIZEN OR NOT. 4289 02:31:22,001 --> 02:31:24,000 THE CENSUS IS A FOOL THAT WE IN 4290 02:31:24,001 --> 02:31:25,000 THE CONGRESS ARE SUPPOSED TO 4291 02:31:25,001 --> 02:31:26,000 USE, INFORMATION STATISTICS, AS 4292 02:31:26,001 --> 02:31:28,000 WE TACKLE ANY NUMBER OF 4293 02:31:28,001 --> 02:31:29,000 SIGNIFICANT ISSUES IN FEDERAL 4294 02:31:29,001 --> 02:31:32,000 PROGRAMS. 4295 02:31:32,001 --> 02:31:33,000 AND CERTAINLY, CERTAINLY, IT IS 4296 02:31:33,001 --> 02:31:35,000 A VERY SIGNIFICANT, IMPORTANT 4297 02:31:35,001 --> 02:31:36,000 ISSUE THAT WE DEAL WITH THE 4298 02:31:36,001 --> 02:31:37,000 IERMMIGRATION PROBLEM AND 4299 02:31:37,001 --> 02:31:39,000 IMMIGRATION ISSUE AND THE ISSUE 4300 02:31:39,001 --> 02:31:41,000 OF H ILLEGAL 4301 02:31:41,001 --> 02:31:43,000 AND CERTAINLY IT IS USEFUL TO 4302 02:31:43,001 --> 02:31:45,000 KNOW IF WE'RE GOING TO SPEND $14 4303 02:31:45,001 --> 02:31:47,000 BILLION TO DO A CENSUS, IT'S 4304 02:31:47,001 --> 02:31:49,000 USEFUL TO KNOW WHO WITHIN THAT 4305 02:31:49,001 --> 02:31:50,000 NUMBER ARE CITIZENS AND WHO 4306 02:31:50,001 --> 02:31:53,000 WITHIN THAT NUMBER ARE 4307 02:31:53,001 --> 02:31:54,000 NONCITIZENS. 4308 02:31:54,001 --> 02:31:56,000 SECONDLY AND EVEN MORE 4309 02:31:56,001 --> 02:31:58,000 IMPORTANTLY, YOU KNOW, THE 4310 02:31:58,001 --> 02:32:00,000 THING THE CENSUS IS USED FOR -- 4311 02:32:00,001 --> 02:32:02,000 THE FIRST THING THE CENSUS IS 4312 02:32:02,001 --> 02:32:03,000 USED FOR -- IS TO REAPPORTION 4313 02:32:03,001 --> 02:32:04,000 THE U.S. HOUSE OF 4314 02:32:04,001 --> 02:32:07,000 REPRESENTATIVES, TO DETERMINE, 4315 02:32:07,001 --> 02:32:09,000 AFTER EACH CENSUS IS DONE, HOW 4316 02:32:09,001 --> 02:32:10,000 MUCH U.S. HOUSE MEMBERS EACH 4317 02:32:10,001 --> 02:32:13,000 STATE GETS. 4318 02:32:13,001 --> 02:32:15,000 NOW, THE CURRENT PLA 4319 02:32:15,001 --> 02:32:17,000 COUNT EVERYBODY AND NOT ASK 4320 02:32:17,001 --> 02:32:18,000 WHETHER A PERSON IS A CITIZEN OR 4321 02:32:18,001 --> 02:32:21,000 A NONCITIZEN. 4322 02:32:21,001 --> 02:32:22,000 SO THE CURRENT PLAN IS TO 4323 02:32:22,001 --> 02:32:25,000 REAPPORTION HOUSE SEATS USING 4324 02:32:25,001 --> 02:32:27,000 THAT OVERALL NUMBER, 4325 02:32:27,001 --> 02:32:28,000 CITIZENS AND NONCITIZENS IN THE 4326 02:32:28,001 --> 02:32:29,000 MIX. 4327 02:32:29,001 --> 02:32:33,000 I THINK THAT'S WRONG. 4328 02:32:33,001 --> 02:32:34,000 I THINK THAT'S CONTRARY TO THE 4329 02:32:34,001 --> 02:32:35,000 WHOLE INTENT OF THE CONSTITUTION 4330 02:32:35,001 --> 02:32:37,000 AND THE ESTABLISHMENT OF 4331 02:32:37,001 --> 02:32:38,000 CONGRESS AS A DEMOCRATIC 4332 02:32:38,001 --> 02:32:39,000 INSTITUTION TO REPRESENT 4333 02:32:39,001 --> 02:32:41,000 CITIZENS. 4334 02:32:41,001 --> 02:32:44,000 I BELIEVE ONLY CITIZENS SHOULD 4335 02:32:44,001 --> 02:32:46,000 BE IN THAT PARTICULAR 4336 02:32:46,001 --> 02:32:47,000 CALCULATION OF REAPPORTIONMENT 4337 02:32:47,001 --> 02:32:48,000 OF THE U.S. HOUSE OF 4338 02:32:48,001 --> 02:32:52,000 REPRESENTATIVES. 4339 02:32:52,001 --> 02:32:54,000 THIS IS A SIGNIFICANT ISSUE FOR 4340 02:32:54,001 --> 02:32:57,000 MANY STATES, INCLUDING MY STATE 4341 02:32:57,001 --> 02:32:59,000 OF LOUISIANA, AND IT HAS A VERY 4342 02:32:59,001 --> 02:33:02,000 BIG AND DIRECT AND CONCRETE 4343 02:33:02,001 --> 02:33:05,000 IMPACT ON LOUISIANA AND CERTAIN OTHER STATES. 4344 02:33:05,001 --> 02:33:08,000 AND IT COMES DOWN TO THIS: 4345 02:33:08,001 --> 02:33:09,000 IF THE CENSUS IS DONE NEXT YEAR 4346 02:33:09,001 --> 02:33:11,000 AND REAPPORTIONMENT HAPPENS 4347 02:33:11,001 --> 02:33:12,000 USING EVERYBODY -- CITIZENS AND 4348 02:33:12,001 --> 02:33:14,000 NONCITIZENS -- LOUISIANA IS 4349 02:33:14,001 --> 02:33:17,000 GOING TO LOSE A HOUSE SEAT IN 4350 02:33:17,001 --> 02:33:18,000 THE U.S. HOUSE OF 4351 02:33:18,001 --> 02:33:20,000 REPRESENTATIVES, LOSE 4352 02:33:20,001 --> 02:33:22,000 ONE-SEVENTH OF OUR STANDING 4353 02:33:22,001 --> 02:33:23,000 THERE, OUR REPRESENTATION THERE, 4354 02:33:23,001 --> 02:33:28,000 OUR CLOUT. 4355 02:33:28,001 --> 02:33:29,000 IF THE CENSUS WAS DONE AND ONLY 4356 02:33:29,001 --> 02:33:39,000 CITIZENS -- THAT NUMBER OF 4357 02:33:39,001 --> 02:33:40,000 CITIZENS US WOULDE UCITIZENSWAS USED, LOSE LOSE WOULD NOT 4358 02:33:40,001 --> 02:33:41,000 LOSE A SEAT. 4359 02:33:41,001 --> 02:33:43,000 SO THAT'S A VERY BIG IMPACT ON 4360 02:33:43,001 --> 02:33:45,000 MY STATE OF LOUISIANA. 4361 02:33:45,001 --> 02:33:48,000 I'D ALSO POINT OUT THAT IT'S THE 4362 02:33:48,001 --> 02:33:51,000 SAME IMPACT IN SEVEN OTHER 4363 02:33:51,001 --> 02:33:55,000 STATES -- NORTH CAROLINA, SOUTH 4364 02:33:55,001 --> 02:33:56,000 CAROLINA, OREGON, PENNSYLVANIA, 4365 02:33:56,001 --> 02:33:58,000 MISSISSIPPI, MICHIGAN. 4366 02:33:58,001 --> 02:33:59,000 IOWA, AND INDIANA -- EXCUSE ME, 4367 02:33:59,001 --> 02:34:02,000 EIGHT OTHER STATES. 4368 02:34:02,001 --> 02:34:04,000 SO A TOTAL OF NINE STATES ARE IN 4369 02:34:04,001 --> 02:34:05,000 THIS POSITION, LOUISIANA BEING 4370 02:34:05,001 --> 02:34:08,000 ONE EVER THEM. 4371 02:34:08,001 --> 02:34:11,000 AND SO IT'S A VERY SIGNIFICANT 4372 02:34:11,001 --> 02:34:12,000 ISSUE THAT DIRECTLY IMPACTS 4373 02:34:12,001 --> 02:34:13,000 MANY, MANY CITIZENS, MANY 4374 02:34:13,001 --> 02:34:16,000 STATES. 4375 02:34:16,001 --> 02:34:17,000 AND SO I URGE ALL OF MY 4376 02:34:17,001 --> 02:34:20,000 COLLEAGUES TO SUPPORT GETTING A 4377 02:34:20,001 --> 02:34:23,000 VOTE ON THE VITTER AMENDMENT BY 4378 02:34:23,001 --> 02:34:24,000 DENYING CLOTURE ON THE COMMERCE-JUSTICE-STATE 4379 02:34:24,001 --> 02:34:26,000 APPROPRIATIONS BILL. 4380 02:34:26,001 --> 02:34:28,000 HOWEVER YOU MAY VOTE, THIS IS AN 4381 02:34:28,001 --> 02:34:31,000 IMPORTANT ISSUE, AND HOWEVER YOU 4382 02:34:31,001 --> 02:34:32,000 MAY VOTE, WE NEED A FULL DEBATE 4383 02:34:32,001 --> 02:34:35,000 AND A VOTE. 4384 02:34:35,001 --> 02:34:36,000 AND, IN PARTICULAR, I'D URGE MY 4385 02:34:36,001 --> 02:34:39,000 COLLEAGUES IN NORTH CAROLINA, 4386 02:34:39,001 --> 02:34:40,000 SOUTH CAROLINA, OREGON, 4387 02:34:40,001 --> 02:34:44,000 PENNSYLVANIA, MISSISSIPPI, 4388 02:34:44,001 --> 02:34:46,000 MICHIGAN, IOWA, INDIANA, AND OF 4389 02:34:46,001 --> 02:34:49,000 COURSE LOUISIANA TO VOTE "NO" ON 4390 02:34:49,001 --> 02:34:51,000 CLOTURE SO WE CAN EXAMINE THIS 4391 02:34:51,001 --> 02:34:53,000 VERY SIGNIFICANT ISSUE AND SO WE 4392 02:34:53,001 --> 02:34:54,000 CAN HAVE A VOTE ON THE 4393 02:34:54,001 --> 02:34:57,000 VITTER-BENNETT AMENDMENT. 4394 02:34:57,001 --> 02:34:58,000 NOW, THERE BEEN DISCUSSION IN 4395 02:34:58,001 --> 02:35:00,000 AT LEAST TWO AREAS THAT I WANT 4396 02:35:00,001 --> 02:35:02,000 TO QUICKLY ADDRESS. 4397 02:35:02,001 --> 02:35:04,000 ONE IS SOME DISCUSSION IN THE 4398 02:35:04,001 --> 02:35:05,000 PRESS, INCLUDING FROM MY 4399 02:35:05,001 --> 02:35:07,000 DISTINGUISHED COLLEAGUE FROM 4400 02:35:07,001 --> 02:35:09,000 LOUISIANA, SENATOR LANDRIEU, 4401 02:35:09,001 --> 02:35:12,000 THAT WHAT I JUST LAID OUT IN 4402 02:35:12,001 --> 02:35:13,000 TERMS OF THE IMPACT ON 4403 02:35:13,001 --> 02:35:16,000 REAPPORTIONMENT ISN'T TRUE. 4404 02:35:16,001 --> 02:35:19,000 WELL, I THINK EVERY EXPERT WHO'S 4405 02:35:19,001 --> 02:35:21,000 LOOKED AT THIS, EVERY 4406 02:35:21,001 --> 02:35:22,000 DEMOGRAPHER WHO'S LOOKED AT 4407 02:35:22,001 --> 02:35:24,000 THIS, AGREES WITH WHAT JUST 4408 02:35:24,001 --> 02:35:26,000 SAID; THAT THIS FACTOR IS THE 4409 02:35:26,001 --> 02:35:28,000 DIFFERENCE BETWEEN LOUISIANA 4410 02:35:28,001 --> 02:35:31,000 LOSING A HOUSE SEAT OR NOT. 4411 02:35:31,001 --> 02:35:32,000 THESE OTHER STATES LOSING A 4412 02:35:32,001 --> 02:35:34,000 HOUSE SEAT OR NOT. 4413 02:35:34,001 --> 02:35:37,000 I WOULD POINT OUT THREE EXPERTS 4414 02:35:37,001 --> 02:35:39,000 -- AND THERE ARE MANY OTHERS -- 4415 02:35:39,001 --> 02:35:42,000 DR. ELLIOTT STONESE FIVMENT. 4416 02:35:42,001 --> 02:35:43,000 ER HAS BEEN LEADING THE CHARGE 4417 02:35:43,001 --> 02:35:45,000 ON THIS ISSUE. 4418 02:35:45,001 --> 02:35:47,000 I COMPLIMENT HIM FOR HIS 4419 02:35:47,001 --> 02:35:49,000 TENACITY AND HIS HARD WORK. 4420 02:35:49,001 --> 02:35:52,000 BUT OTHERS AS WELL. 4421 02:35:52,001 --> 02:35:54,000 IN AN OCTOBER 27, 2009, "NEW 4422 02:35:54,001 --> 02:35:57,000 YORK TIMES" ARTICLE, MY NUMBERS 4423 02:35:57,001 --> 02:36:00,000 WERE AGAIN CONFIRMED BY ANDRE 4424 02:36:00,001 --> 02:36:01,000 BENCH, PROFESSOR OF CORK OLE AT 4425 02:36:01,001 --> 02:36:04,000 QUEENS COLLEGE, NEW YORK. 4426 02:36:04,001 --> 02:36:06,000 HE DID AN INDEPENDENT ANALYSIS 4427 02:36:06,001 --> 02:36:08,000 AND SAID EXACTLY THE SAME THING. 4428 02:36:08,001 --> 02:36:11,000 YES, THIS ISSUE OF WHETHER WE 4429 02:36:11,001 --> 02:36:13,000 USE 4430 02:36:13,001 --> 02:36:16,000 NONCITIZENS IN REAPPORTIONMENT 4431 02:36:16,001 --> 02:36:17,000 DOES MAKE THAT HUGE DIFFERENCE 4432 02:36:17,001 --> 02:36:20,000 FOR THOSE STATES. 4433 02:36:20,001 --> 02:36:22,000 AND AGAIN, LAST WEEK MY ANALYSIS 4434 02:36:22,001 --> 02:36:25,000 AND MY NUMBERS WERE CONFIRMED 4435 02:36:25,001 --> 02:36:27,000 YET AGAIN BY AN INDEPENDENT AND 4436 02:36:27,001 --> 02:36:29,000 WELL-RESPECTED DEMOGRAPHIC 4437 02:36:29,001 --> 02:36:34,000 EXPERT, AGAIN IN MY STATE OF 4438 02:36:34,001 --> 02:36:35,000 LOUISIANA, GREG RIGGAMER, ARE 4439 02:36:35,001 --> 02:36:38,000 AND THAT'S VERY SIGNIFICANT. 4440 02:36:38,001 --> 02:36:40,000 SECONDLY, I ADDRESS THIS COST ISSUE. 4441 02:36:40,001 --> 02:36:42,000 YOU KNOW,NESS INTERESTING THAT 4442 02:36:42,001 --> 02:36:43,000 IN THIS DEBATE THE OTHER SIDE -- 4443 02:36:43,001 --> 02:36:45,000 YOU KNOW, IT IS INTERESTING THAT 4444 02:36:45,001 --> 02:36:46,000 IN THIS DEBATE THE OTH 4445 02:36:46,001 --> 02:36:47,000 HAS BEEN FLAILING AROUND FOR AN 4446 02:36:47,001 --> 02:36:48,000 ARGUMENT AGAINST MY AMENDMENT. 4447 02:36:48,001 --> 02:36:50,000 IT IS INTERESTING THAT NOBODY 4448 02:36:50,001 --> 02:36:54,000 HAS RINGED, THAT I HAVE HEARD, 4449 02:36:54,001 --> 02:36:56,000 THAT REAPPORTIONMENT SHOULD BE 4450 02:36:56,001 --> 02:36:58,000 DONE COUNTING CITIZENS AND NONE 4451 02:36:58,001 --> 02:37:00,000 CITIZENS, THAT THAT'S MORE 4452 02:37:00,001 --> 02:37:01,000 CONSISTENT WITH THE NOTION OF 4453 02:37:01,001 --> 02:37:02,000 CONGRESS BEING THE 4454 02:37:02,001 --> 02:37:04,000 REPRESENTATIVE BODY OF CITIZENS 4455 02:37:04,001 --> 02:37:06,000 OF THE UNITED STATES. 4456 02:37:06,001 --> 02:37:09,000 SO FOLKS ON THE OTHER SIDE ARE 4457 02:37:09,001 --> 02:37:10,000 WILDLY FLAILING AROUND FOR SOME 4458 02:37:10,001 --> 02:37:13,000 ARGUMENT, AND ONE THEY HAVE COME 4459 02:37:13,001 --> 02:37:16,000 ACROSS IS COST, AND THAT, OH, MY 4460 02:37:16,001 --> 02:37:17,000 GOOD IN THE CENSUS WOULD HAVE TO 4461 02:37:17,001 --> 02:37:20,000 INCUR ADDITIONAL COST TO ADD 4462 02:37:20,001 --> 02:37:22,000 THIS TO THE FLOOR. 4463 02:37:22,001 --> 02:37:23,000 WELL, IT'S CERTAINLY TRUE THAT 4464 02:37:23,001 --> 02:37:25,000 IT WOULD COST SOME MORE. 4465 02:37:25,001 --> 02:37:27,000 I CAN'T GIVE YOU A PRECISE DOLLAR FIGURE. 4466 02:37:27,001 --> 02:37:28,000 IT WOULD COST SOMETHING MORE. 4467 02:37:28,001 --> 02:37:30,000 IT IS CERTAINLY TRUE THAT IT 4468 02:37:30,001 --> 02:37:32,000 WOULD HAVE BEEN BETTER FOR THIS 4469 02:37:32,001 --> 02:37:33,000 TO HAVE BEEN CAUGHT AND DEBATED 4470 02:37:33,001 --> 02:37:35,000 EARLIER RATHER THAN LATER. 4471 02:37:35,001 --> 02:37:37,000 AND, UNFORTUNATELY, THE 4472 02:37:37,001 --> 02:37:39,000 COMMITTEE OF JURISDICTION, 4473 02:37:39,001 --> 02:37:42,000 HOMELAND SECURITY, WHICH REVIEWS 4474 02:37:42,001 --> 02:37:44,000 THE CENSUS FORMS, DID NOT BRING 4475 02:37:44,001 --> 02:37:45,000 THIS ISSUE UP IN A SIGNIFICANT WAY. 4476 02:37:45,001 --> 02:37:46,000 I AGREE WITH THAT. 4477 02:37:46,001 --> 02:37:48,000 I DON'T AGREE WITH THIS WILD 4478 02:37:48,001 --> 02:37:49,000 FIGURE THAT IT WOULD COST $1 4479 02:37:49,001 --> 02:37:52,000 BILLION. 4480 02:37:52,001 --> 02:37:54,000 I POINT OUT A COUPLE THINGS. 4481 02:37:54,001 --> 02:37:56,000 FIRST OF ALL, THE COST OF THE 4482 02:37:56,001 --> 02:37:57,000 CENSUS HAS BALLOONED FROM THE 4483 02:37:57,001 --> 02:38:03,000 LAST CENSUS. 4484 02:38:03,001 --> 02:38:04,000 THE LAST CENSUS IT WAS $3.4 BILLION. 4485 02:38:04,001 --> 02:38:06,000 THIS CRENG SUCCESS IT IS GOING 4486 02:38:06,001 --> 02:38:08,000 TO BE $14 BILLION. 4487 02:38:08,001 --> 02:38:10,000 THE FIRST THING I'D 4488 02:38:10,001 --> 02:38:11,000 HONESTLY, IT IS PRETTY IRONIC 4489 02:38:11,001 --> 02:38:14,000 FOR AN AGENCY THAT HAS HAD A 4490 02:38:14,001 --> 02:38:17,000 BUDGET BALLOON FROM $3.4 BILLION 4491 02:38:17,001 --> 02:38:19,000 LAST CENSUS TO $14 THIS CENSUS 4492 02:38:19,001 --> 02:38:21,000 SAYING THEY CAN'T SQUEEZE IN 4493 02:38:21,001 --> 02:38:23,000 THAT QUESTION, THEY CAN'T DO IT 4494 02:38:23,001 --> 02:38:26,000 RIGHT FOR $14 BILLION. 4495 02:38:26,001 --> 02:38:28,000 BUT, SECONDLY, THE 4496 02:38:28,001 --> 02:38:31,000 FRANKLY, HAS A HORRENDOUS RECORD 4497 02:38:31,001 --> 02:38:34,000 IN TERMS OF COST ESTIMATE. 4498 02:38:34,001 --> 02:38:36,000 WHEN THEY THREW OUT THIS VERY 4499 02:38:36,001 --> 02:38:39,000 LARGE, VERY ROUND FIGURE OF IT'S 4500 02:38:39,001 --> 02:38:42,000 GOING TO COST ANOTHER $1 4501 02:38:42,001 --> 02:38:43,000 BILLION, I CALLED THEM AND SAID, 4502 02:38:43,001 --> 02:38:44,000 OKAY, CAN YOU GIVE US THE 4503 02:38:44,001 --> 02:38:46,000 RATIONALE FOR THAT, THE 4504 02:38:46,001 --> 02:38:48,000 BACKGROUND ON THAT COST 4505 02:38:48,001 --> 02:38:52,000 ESTIMATE? 4506 02:38:52,001 --> 02:38:55,000 AFTER THREE WEEKS OF ASKING FOR 4507 02:38:55,001 --> 02:38:58,000 THE DATA BEHIND THAT $1 BILLION 4508 02:38:58,001 --> 02:39:00,000 CLAIM, THEY SENT US E PIECE OF 4509 02:39:00,001 --> 02:39:04,000 PAPER WITH 10 BULLET POINTS ON 4510 02:39:04,001 --> 02:39:07,000 IT, ALL VERY GENERAL STATEMENTS 4511 02:39:07,001 --> 02:39:10,000 AND SUGGESTNS, AND WITH THE 4512 02:39:10,001 --> 02:39:14,000 FINAL BOTTOM LINE, A NICE, EVEN, 4513 02:39:14,001 --> 02:39:16,000 ROUND FIGURE OF $1 BILLION. 4514 02:39:16,001 --> 02:39:19,000 THAT'S VERY UNIMPRESSIVE, IN MY 4515 02:39:19,001 --> 02:39:21,000 OPINION, IN TERMS OF ANY PRECISE 4516 02:39:21,001 --> 02:39:23,000 ACCOUNTING FOR $1 BILLION. 4517 02:39:23,001 --> 02:39:27,000 I'D ALSO DRAW EVERYONE'S 4518 02:39:27,001 --> 02:39:29,000 ATTENTION TO AN OCTOBER 7, 2009, 4519 02:39:29,001 --> 02:39:31,000 G.A.O. REPORT DELIVERED TO THE 4520 02:39:31,001 --> 02:39:32,000 HOMELAND SECURITY SUBCOMMITTEE 4521 02:39:32,001 --> 02:39:34,000 ON FINANCIAL MANAGEMENT, 4522 02:39:34,001 --> 02:39:35,000 GOVERNMENT INFORMATION, FEDERAL 4523 02:39:35,001 --> 02:39:36,000 SERVICES, AND INTERNATIONAL 4524 02:39:36,001 --> 02:39:38,000 SECURITY. 4525 02:39:38,001 --> 02:39:40,000 IT WAS ABOUT THE CENSUS, AND IN 4526 02:39:40,001 --> 02:39:42,000 THAT REPORT, THE G.A.O. SAID -- 4527 02:39:42,001 --> 02:39:45,000 QUOTE -- "GIVEN THE BUREAU'S 4528 02:39:45,001 --> 02:39:47,000 PAST DIFFICULTIES IN DEVELOPING 4529 02:39:47,001 --> 02:39:48,000 CREDIBLE AND ACCURATE COST 4530 02:39:48,001 --> 02:39:50,000 ESTIMATES, WE'RE CONCERNED ABOUT 4531 02:39:50,001 --> 02:39:53,000 THE RELIABILITY OF THE FIGURES 4532 02:39:53,001 --> 02:39:54,000 THAT WERE USED TO SUPPORT THE 4533 02:39:54,001 --> 02:39:55,000 2010 BUDGET." 4534 02:39:55,001 --> 02:39:56,000 CLOSE QUOTE. 4535 02:39:56,001 --> 02:40:00,000 IN ANOTHER EXAMPLE, THE OFFICE 4536 02:40:00,001 --> 02:40:03,000 OF THE INSPECTOR GENERAL FILED A 4537 02:40:03,001 --> 02:40:06,000 REPORT IN 2008 ABOUT THE CENSU 4538 02:40:06,001 --> 02:40:07,000 IN THAT REPORT, THE OFFICE 4539 02:40:07,001 --> 02:40:09,000 INSPECTED A PARTICULAR COST 4540 02:40:09,001 --> 02:40:13,000 ESTIMATE FROM THE CENSUS THAT 4541 02:40:13,001 --> 02:40:15,000 CAME UP TO $494 MILLION FOR A 4542 02:40:15,001 --> 02:40:16,000 CERTAIN PORTION OF THEIR 4543 02:40:16,001 --> 02:40:19,000 ACTIVITY AND SAID, WE THINK THIS 4544 02:40:19,001 --> 02:40:22,000 IS A WILDLY INFLATED FIGURE, AND 4545 02:40:22,001 --> 02:40:24,000 WE CAN IMMEDIATELY IDENTIFY COST 4546 02:40:24,001 --> 02:40:27,000 SAVINGS THAT BRING IT DOWN TO 4547 02:40:27,001 --> 02:40:29,000 $348 MILLION, A SIGNIFICANT 4548 02:40:29,001 --> 02:40:31,000 SAVINGS OF ALMOST $150 MILLION. 4549 02:40:31,001 --> 02:40:33,000 AND WHEN THE CENSUS WAS 4550 02:40:33,001 --> 02:40:34,000 CONFRONTED WITH THAT, THEY HAD 4551 02:40:34,001 --> 02:40:37,000 TO AGREE, AND THEY HAD TO ADOPT 4552 02:40:37,001 --> 02:40:39,000 THE LOWER FIGURE. 4553 02:40:39,001 --> 02:40:40,000 SO, MR. PRESIDENT, MY BOTTOM 4554 02:40:40,001 --> 02:40:44,000 LINE IS SIMPLE: 4555 02:40:44,001 --> 02:40:46,000 WE DO A CENSUS EVERY 10 YEARS. 4556 02:40:46,001 --> 02:40:49,000 IT'S A REALLY IMPORTANT EVENT. 4557 02:40:49,001 --> 02:40:51,000 WE NEETO DO IT RIGHT, AND TO 4558 02:40:51,001 --> 02:40:55,000 DO IT RIGHT, WE NEED A FULL 4559 02:40:55,001 --> 02:40:57,000 BATE ON A VOTE ON THIS CENTRAL 4560 02:40:57,001 --> 02:40:58,000 QUESTION EMBODIED BY THE 4561 02:40:58,001 --> 02:41:00,000 VITTER-BENNETT AMENDMENT. 4562 02:41:00,001 --> 02:41:04,000 SO I URGE ALL OF MY COLLEAGUES 4563 02:41:04,001 --> 02:41:05,000 TO VOTE "NO" ON CLOTURE OF THE 4564 02:41:05,001 --> 02:41:08,000 COMMERCE-JUSTICE-STATE 4565 02:41:08,001 --> 02:41:09,000 APPROPRIATIONS BILL, TO DEMAND A 4566 02:41:09,001 --> 02:41:12,000 REASONABLE DEBATE AND VOTE ON 4567 02:41:12,001 --> 02:41:14,000 THE VITTER-BENNETT AMENDMENT. 4568 02:41:14,001 --> 02:41:17,000 THIS IS AN IMPORTANT QUESTION, 4569 02:41:17,001 --> 02:41:18,000 AND WE SIMPLY SHOULDN'T FORGE 4570 02:41:18,001 --> 02:41:21,000 AHEAD WHEN AMERICANS HAVE A 4571 02:41:21,001 --> 02:41:24,000 FUNDAMENTAL PROBLEM WITH NOT 4572 02:41:24,001 --> 02:41:26,000 EVEN ASKING THE CITIZENSH 4573 02:41:26,001 --> 02:41:29,000 QUESTION AND WITH, THEREFORE 4574 02:41:29,001 --> 02:41:30,000 FORGING AHEAD WITH THE PLAN TO 4575 02:41:30,001 --> 02:41:31,000 REAPPORTION THE ENTIRE U.S. 4576 02:41:31,001 --> 02:41:33,000 HOUSE OF REPRESENTATIVES, 4577 02:41:33,001 --> 02:41:36,000 PUTTING NONCITIZENS IN THE MIX 4578 02:41:36,001 --> 02:41:38,000 WHEN THE WHOLE NOTION OF A 4579 02:41:38,001 --> 02:41:40,000 REPRESENTATIVE DEMOCRACY AND OF 4580 02:41:40,001 --> 02:41:41,000 CONGRESS IS TO REPRESENT 4581 02:41:41,001 --> 02:41:44,000 CITIZENS OF THE COUNTRY. 4582 02:41:44,001 --> 02:41:47,000 I URGE MY COLLEAGUES TO SUPPORT THAT POSITION. 4583 02:41:47,001 --> 02:41:49,000 I THANK MY COLLEAGUES WHO HAVE 4584 02:41:49,001 --> 02:41:51,000 DONE SO SO FAR, AND IN 4585 02:41:51,001 --> 02:41:53,000 PARTICULAR, I URGE MY COLLEAGUES 4586 02:41:53,001 --> 02:41:57,000 FROM NORTH CAROLINA, SOUTH 4587 02:41:57,001 --> 02:42:00,000 CAROLINA, OREGON, PENNSYLVANIA, 4588 02:42:00,001 --> 02:42:02,000 MISSISSIPPI, MICHIGAN, IOWA, 4589 02:42:02,001 --> 02:42:04,000 INDIANA, AND CERTAINLY LOUISIANA 4590 02:42:04,001 --> 02:42:07,000 TO STAND UP FOR YOUR STATES, TO 4591 02:42:07,001 --> 02:42:10,000 STAND UP FOR THEIR INTERESTS, TO 4592 02:42:10,001 --> 02:42:12,000 STAND UP FOR THEIR CLOUT AND 4593 02:42:12,001 --> 02:42:13,000 THEIR REPRESENTATION IN THE U.S. 4594 02:42:13,001 --> 02:42:15,000 HOUSE OF REPRESENTATIVES. 4595 02:42:15,001 --> 02:42:19,000 WITH THAT, 4596 02:42:19,001 --> 02:42:20,000 YIELD BACK MY 4597 02:42:20,001 --> 02:42:22,000 SENATOR FROM MARYLAND. 4598 02:42:22,001 --> 02:42:25,000 MS. MIKULSKI: MR. PRESIDENT, I 4599 02:42:25,001 --> 02:42:26,000 OBJECT TO THE SENATOR'S 4600 02:42:26,001 --> 02:42:28,000 AMENDMENT, A I OBJECT TO THE 4601 02:42:28,001 --> 02:42:31,000 ARGUMENTS THAT HE'S MADE. 4602 02:42:31,001 --> 02:42:33,000 FIRST OF ALL, NUMBER ONE, WE DO 4603 02:42:33,001 --> 02:42:36,000 WANT CLOTURE SO THAT WE CAN 4604 02:42:36,001 --> 02:42:39,000 PROCEED ON AMENDMENTS THAT ARE GERMANE. 4605 02:42:39,001 --> 02:42:41,000 SECOND, IN TERMS OF THE 4606 02:42:41,001 --> 02:42:44,000 INACCURATE ACCUSATIONS THAT WE 4607 02:42:44,001 --> 02:42:45,000 ARE PLOWING AHEAD AND FORGING 4608 02:42:45,001 --> 02:42:49,000 FORWARD, MR. PRESIDENT, WE WERE 4609 02:42:49,001 --> 02:42:50,000 ON THIS BILL FOR FOUR DAYS, OVER 4610 02:42:50,001 --> 02:42:53,000 20 HOURS OF DEBATE. 4611 02:42:53,001 --> 02:42:56,000 THERE WAS PLENTY OF TIME TO TALK 4612 02:42:56,001 --> 02:42:57,000 ABOUT THIS AMENDMENT, AND I WAS 4613 02:42:57,001 --> 02:42:59,000 HERE AND READY TO ENGAGE P. 4614 02:42:59,001 --> 02:43:00,000 THE SECOND THING IS THERE'S BEEN 4615 02:43:00,001 --> 02:43:04,000 OTHER TIME SINCE MY BILL WAS 4616 02:43:04,001 --> 02:43:05,000 PULLED FROM THE 4617 02:43:05,001 --> 02:43:09,000 MORNING BUSINESS WHEN A SENATE 4618 02:43:09,001 --> 02:43:11,000 CAN TALK NIMENT ANYTIME FOR ANY LENGTH 4619 02:43:11,001 --> 02:43:13,000 OF TIME ON ANY TOPIC THAT THEY WANT. 4620 02:43:13,001 --> 02:43:15,000 SO, SILENCE, SILENCE, SILENCE. 4621 02:43:15,001 --> 02:43:16,000 SO DON'T USE THE CLOTURE VOTE AS 4622 02:43:16,001 --> 02:43:17,000 A WAY TO SAY THERE WASN'T ENOUGH 4623 02:43:17,001 --> 02:43:20,000 TIME. 4624 02:43:20,001 --> 02:43:21,000 NOW, LET'S GO TO BEING ASLEEP AT 4625 02:43:21,001 --> 02:43:24,000 THE SWITCH. 4626 02:43:24,001 --> 02:43:27,000 TWO ACCUSATIONS WERE MADE -- THE 4627 02:43:27,001 --> 02:43:28,000 BALLOONING OF THE CENSUS COST. 4628 02:43:28,001 --> 02:43:30,000 WELL, ONE OF THE REASONS -- THE 4629 02:43:30,001 --> 02:43:34,000 MAIN REASON THAT THE COST IS 4630 02:43:34,001 --> 02:43:38,000 EXPLODING IS THAT THE PARTY IN 4631 02:43:38,001 --> 02:43:41,000 POWER PRIOR TO 2008 WAS ASLEEP 4632 02:43:41,001 --> 02:43:42,000 AT THE SWITCH WITH THE CENSUS. 4633 02:43:42,001 --> 02:43:45,000 THEY COMPLETELY DROPPED THE BALL 4634 02:43:45,001 --> 02:43:48,000 ON THE NEW TECHNOLOGY FOR BEING 4635 02:43:48,001 --> 02:43:52,000 ABLE TO GO DOOR TO DOOR TO GET A COUNT. 4636 02:43:52,001 --> 02:43:58,000 IT TURNED INTO A BIG TECH KNOW 4637 02:43:58,001 --> 02:44:00,000 BOONDOGGLE -- TECHNOBOONDOGGLE. 4638 02:44:00,001 --> 02:44:02,000 IT TOOK THE SECRETARY OF 4639 02:44:02,001 --> 02:44:05,000 COMMERCE TO FIND THAT UNDER THAT 4640 02:44:05,001 --> 02:44:08,000 ROCK WAS A LOT OF MALFUNCTIONING MICROCHIPS. 4641 02:44:08,001 --> 02:44:09,000 SO WE HAD TO BAIL OUT SECRETARY 4642 02:44:09,001 --> 02:44:13,000 GUTIERREZ AND THE CENSUS BECAUSE 4643 02:44:13,001 --> 02:44:15,000 OF THE TECHNOBOONDOGGLE. 4644 02:44:15,001 --> 02:44:17,000 THE OTHER PARTY WAS ASLEEP AT 4645 02:44:17,001 --> 02:44:18,000 THE SWITCH IN MAINTAINING STRICT 4646 02:44:18,001 --> 02:44:21,000 QUALITY CONTROLS. 4647 02:44:21,001 --> 02:44:23,000 NOW, LET'S GO TO THE ASKING OF 4648 02:44:23,001 --> 02:44:25,000 ANOTHER QUESTION. 4649 02:44:25,001 --> 02:44:28,000 THEY WERE -- AGAIN, THE 4650 02:44:28,001 --> 02:44:29,000 GENTLEMAN FROM LOUISIANA WAS, 4651 02:44:29,001 --> 02:44:31,000 WHEN HE SAYS HE WANTS TO STAND 4652 02:44:31,001 --> 02:44:33,000 UP FOR HIS STATE, I AGREE. 4653 02:44:33,001 --> 02:44:36,000 WE HAVE TO STAND UP FOR OUR STATES. 4654 02:44:36,001 --> 02:44:38,000 BUT THE TIME TO STAND UP WAS IN 4655 02:44:38,001 --> 02:44:41,000 APRIL OF 2007. 4656 02:44:41,001 --> 02:44:45,000 DID YOU KNOW THAT THE CENSUS IS 4657 02:44:45,001 --> 02:44:46,000 MANDATED BY LAW TO SUBMIT THE 4658 02:44:46,001 --> 02:44:47,000 QUESTIONNAIRES TO CONGRESS? 4659 02:44:47,001 --> 02:44:51,000 AND THEY DID. 4660 02:44:51,001 --> 02:44:55,000 SO FOR ONE YEAR, FROM APRIL 1, 4661 02:44:55,001 --> 02:44:57,000 2007, TO THE CLOSE OF THE REVIEW 4662 02:44:57,001 --> 02:45:01,000 BY CONGRESS ONE YEAR LATER, 4663 02:45:01,001 --> 02:45:03,000 APRIL 2008, THERE WAS PLENTY OF 4664 02:45:03,001 --> 02:45:04,000 TIME TO SAY, WE DON'T LIKE THE 4665 02:45:04,001 --> 02:45:05,000 QUESTIONNAIRE. 4666 02:45:05,001 --> 02:45:06,000 WE WANT TO ADD A CITIZENSHIP 4667 02:45:06,001 --> 02:45:09,000 QUESTION. 4668 02:45:09,001 --> 02:45:12,000 THAT WAS THE TIME AND THE PLACE. 4669 02:45:12,001 --> 02:45:13,000 SO WHEN YOU'RE GOING TO STAND UP 4670 02:45:13,001 --> 02:45:14,000 FOR YOUR STATE, STAND UP AT THE 4671 02:45:14,001 --> 02:45:16,000 RIGHT TIME TO MAKE A DIFFERENCE 4672 02:45:16,001 --> 02:45:20,000 AND NOT TRY TO AMEND THE LAW 4673 02:45:20,001 --> 02:45:22,000 THAT'S GOING TO CREATE 4674 02:45:22,001 --> 02:45:23,000 ADMINISTRATIVE HAVOC. 4675 02:45:23,001 --> 02:45:26,000 WE COULD DEBATE THE MERITS OF 4676 02:45:26,001 --> 02:45:29,000 THE QUESTION, BUT I'M HERE AS AN 4677 02:45:29,001 --> 02:45:31,000 APPROPRIATOR ON THE PROCESS. 4678 02:45:31,001 --> 02:45:32,000 THE CENSUS DID MEET ITS 4679 02:45:32,001 --> 02:45:34,000 STATUTORY RESPO 4680 02:45:34,001 --> 02:45:37,000 IT SUBMITTED TO THE 4681 02:45:37,001 --> 02:45:38,000 QUESTIONNAIRE TO THE CONGRESS APRIL 1, 2007. 4682 02:45:38,001 --> 02:45:39,000 IT DIDN'T COME IN THE STEALTH OF 4683 02:45:39,001 --> 02:45:42,000 THE NIGHT. 4684 02:45:42,001 --> 02:45:44,000 IT WASN'T WRITTEN IN INVISIBLE INK. 4685 02:45:44,001 --> 02:45:47,000 IT WAS WRITTEN IN ENGLISH HERE 4686 02:45:47,001 --> 02:45:50,000 FOR ALL TO SEE AND ALSO IN OTHER 4687 02:45:50,001 --> 02:45:55,000 LANGUAGES THAT WE COULD TEST AND 4688 02:45:55,001 --> 02:45:56,000 USE TO SAY DO YOU, CONGRESS, 4689 02:45:56,001 --> 02:45:58,000 LIKE THIS QUESTIONNAIRE AND DO 4690 02:45:58,001 --> 02:46:00,000 YOU HAVE ANY COMNTS? 4691 02:46:00,001 --> 02:46:02,000 SO FOR ALL THOSE WHO WANT TO 4692 02:46:02,001 --> 02:46:04,000 STAND UP, THAT WAS THE TIME TO 4693 02:46:04,001 --> 02:46:06,000 DO IT AND THE TIME TO MAKE A CHANGE. 4694 02:46:06,001 --> 02:46:08,000 NOW, LET'S TALK 4695 02:46:08,001 --> 02:46:12,000 CONSEQUENCES OF IT. 4696 02:46:12,001 --> 02:46:16,000 IT WILL DELAY THE CENSUS SO THAT 4697 02:46:16,001 --> 02:46:17,000 WE COULD ESSENTIALLY NOT MEET 4698 02:46:17,001 --> 02:46:19,000 OUR CONSTITUTIONAL MANDATE OF 4699 02:46:19,001 --> 02:46:21,000 HAVING THE CENSUS DONE IN A 4700 02:46:21,001 --> 02:46:24,000 TIMELY WAY. 4701 02:46:24,001 --> 02:46:28,000 ALSO, NUMBER TWO, IT WILL COST, 4702 02:46:28,001 --> 02:46:30,000 IF WE DID 4703 02:46:30,001 --> 02:46:31,000 DOLLARS AND WREAK, AGAIN, 4704 02:46:31,001 --> 02:46:32,000 ADMINISTRATIVE HAVOC. 4705 02:46:32,001 --> 02:46:35,000 NOW, LET'S GO INTO THIS WHOLE 4706 02:46:35,001 --> 02:46:37,000 THING ABOUT CITIZENS AND NONCITIZENS. 4707 02:46:37,001 --> 02:46:39,000 THE CENSUS ALREADY TRACKS THE 4708 02:46:39,001 --> 02:46:41,000 NUMBER OF CITIZENS AND 4709 02:46:41,001 --> 02:46:44,000 NONCITIZENS THROUGH A SEPARATE 4710 02:46:44,001 --> 02:46:46,000 SURVEY, SO WE COULD TALK ABOUT 4711 02:46:46,001 --> 02:46:47,000 WHAT THIS WILL MEAN IN 4712 02:46:47,001 --> 02:46:49,000 REAPPORTIONMENT AND SO ON. 4713 02:46:49,001 --> 02:46:52,000 THOSE ARE FOR DEBATES THAT 4714 02:46:52,001 --> 02:46:54,000 REALLY LIE WITH THE JUDICIARY 4715 02:46:54,001 --> 02:46:56,000 COMMITTEE. 4716 02:46:56,001 --> 02:46:58,000 MR. PRESIDENT, PLEASE, WE'RE NOT 4717 02:46:58,001 --> 02:46:59,000 GOING TO VOTE UP OR DOWN ON THE 4718 02:46:59,001 --> 02:47:01,000 VITTER AMENDMENT. 4719 02:47:01,001 --> 02:47:02,000 WE'RE GOING TO VOTE ON CLOTURE. 4720 02:47:02,001 --> 02:47:04,000 AND WHY IS CLOTURE IMPORTANT? 4721 02:47:04,001 --> 02:47:07,000 SO THAT WE DON'T HAVE 4722 02:47:07,001 --> 02:47:09,000 DISTRACTING AMENDMENTS THAT ARE 4723 02:47:09,001 --> 02:47:11,000 BETTER OFFERED ON THE 4724 02:47:11,001 --> 02:47:15,000 APPROPRIATE SUBSTANCE OF THE BILL. 4725 02:47:15,001 --> 02:47:16,000 WE HAVE GOT TO FUND THE COMMERCE-JUSTICE-SCIENCE 4726 02:47:16,001 --> 02:47:19,000 AGENCIES. 4727 02:47:19,001 --> 02:47:21,000 THE F.B.I. NEEDS US TO FUN THIS 4728 02:47:21,001 --> 02:47:23,000 AGENCY. 4729 02:47:23,001 --> 02:47:24,000 THE MARSHALL SERVICES NEEDS US 4730 02:47:24,001 --> 02:47:26,000 TO FUND THIS AGENCY. 4731 02:47:26,001 --> 02:47:30,000 FEDERAL LAW ENFORCEMENT, OUR FEDERAL PRISONS. 4732 02:47:30,001 --> 02:47:32,000 YOU MIGHT NOT LIKE WHO THE 4733 02:47:32,001 --> 02:47:34,000 ADMINISTRATION WANTS TO PUT IN 4734 02:47:34,001 --> 02:47:35,000 THOSE FEDERAL PRISONS, BUT WE 4735 02:47:35,001 --> 02:47:38,000 NEED FEDERAL PRISONS. 4736 02:47:38,001 --> 02:47:41,000 SO WE NEED TO 4737 02:47:41,001 --> 02:47:44,000 THAT WE CAN DISPOSE OF GERMANE 4738 02:47:44,001 --> 02:47:46,000 AMENDMENTS AND MOVE DEMOCRACY FORWARD. 4739 02:47:46,001 --> 02:48:09,000 MR. PRESIDENT, I 4740 02:48:09,001 --> 02:48:10,000 FLOOR. 4741 02:48:10,001 --> 02:48:12,000 MS. MIKULSKI: MR. PRESIDENT, HOW 4742 02:48:12,001 --> 02:48:14,000 MUCH TIME DO I HAVE? THE PRESIDING OFFICER: YOU HAVE 4743 02:48:14,001 --> 02:48:15,000 7 1/2 MINUTES. 4744 02:48:15,001 --> 02:48:17,000 MS. MIKULSKI: I WANT TO RESERVE 4745 02:48:17,001 --> 02:48:22,000 MY TIME. DID THE SENATOR FROM KANSAS HAVE 4746 02:48:22,001 --> 02:48:24,000 A QUESTION? MR. ROBERTS: I WOULD BE 4747 02:48:24,001 --> 02:48:25,000 DELIGHTED TO -- THE PRESIDING OFFICER: THE 4748 02:48:25,001 --> 02:48:26,000 SENATOR FROM KANSAS IS 4749 02:48:26,001 --> 02:48:27,000 RECOGNIZED. 4750 02:48:27,001 --> 02:48:28,000 MR. ROBERTS: THANK YOU, 4751 02:48:28,001 --> 02:48:29,000 MR. PRESIDENT. 4752 02:48:29,001 --> 02:48:31,000 I WOULD BE DELIGHTED TO RESPOND 4753 02:48:31,001 --> 02:48:32,000 TO MY GOOD FRIEND FROM MARYLAND. 4754 02:48:32,001 --> 02:48:33,000 I AM IN A POSITION TO YIELD BACK 4755 02:48:33,001 --> 02:48:45,000 ALL OF THE MINORITY'S TIME. 4756 02:48:45,001 --> 02:48:47,000 WE HAVE NO MORE SPEAKERS. MS. MIKULSKI: MR. PRESIDENT, 4757 02:48:47,001 --> 02:48:48,000 WE'RE NOT PREPARED TO YIELD BACK 4758 02:48:48,001 --> 02:48:50,000 OUR TIME. 4759 02:48:50,001 --> 02:48:52,000 I RESERVE THE BALANCE OF MY 4760 02:48:52,001 --> 02:48:53,000 TIME. 4761 02:48:53,001 --> 02:48:56,000 MR. ROBERTS: WOULD THE 4762 02:48:56,001 --> 02:48:58,000 DISTINGUISHED SENATOR YIELD? 4763 02:48:58,001 --> 02:49:00,000 MS. MIKULSKI: CERTAINLY. 4764 02:49:00,001 --> 02:49:01,000 MR. ROBERTS: TODAY, THE UNITED 4765 02:49:01,001 --> 02:49:04,000 STATES MARINE CORPS IS 4766 02:49:04,001 --> 02:49:06,000 CELEBRATING ITS BIRTHDAY. 4767 02:49:06,001 --> 02:49:10,000 AS I SPEAK, THE COME MANNED ANT 4768 02:49:10,001 --> 02:49:12,000 OF THE MARINE CORPS, THE DRUM 4769 02:49:12,001 --> 02:49:15,000 AND BUGLE CORPS AND VARIOUS 4770 02:49:15,001 --> 02:49:18,000 ASSORTED MARINES ARE OVER IN THE 4771 02:49:18,001 --> 02:49:21,000 RUSSELL BUILDING. 4772 02:49:21,001 --> 02:49:23,000 I AM TO CUT THE CAKE AND I'M 4773 02:49:23,001 --> 02:49:26,000 GETTING INTO DEEPER AND DEEPER 4774 02:49:26,001 --> 02:49:27,000 TROUBLE HERE IF WE DELAY THESE 4775 02:49:27,001 --> 02:49:30,000 CEREMONIES TO THE DEGREE THAT 4776 02:49:30,001 --> 02:49:31,000 THEY COULD BE DELAYED, AND I 4777 02:49:31,001 --> 02:49:33,000 DON'T MEAN IT'S DELAYED IF WE 4778 02:49:33,001 --> 02:49:35,000 HAVE SOMEBODY THAT WANTS TO TALK. 4779 02:49:35,001 --> 02:49:37,000 OBVIOUSLY, YOU HAVE GOT SEVEN MINUTES. 4780 02:49:37,001 --> 02:49:38,000 BUT I WOULD APPRECIATE ANY -- 4781 02:49:38,001 --> 02:49:42,000 ANY CONSIDERATION THAT YOU MIGHT 4782 02:49:42,001 --> 02:49:47,000 BE ABLE TO GIVE 4783 02:49:47,001 --> 02:49:49,000 HECK OF AN ARGUMENT, I RESPOND 4784 02:49:49,001 --> 02:49:51,000 TO THE SENATOR FROM KANSAS, AND 4785 02:49:51,001 --> 02:49:56,000 I HAVE A GREAT ADMIRATION FOR 4786 02:49:56,001 --> 02:49:58,000 THE MARINE CORPS, AND IF THE 4787 02:49:58,001 --> 02:50:01,000 SEMPER FI GUYS CALL AND YOU WANT 4788 02:50:01,001 --> 02:50:03,000 TO CUT THE CAKE, I WILL 4789 02:50:03,001 --> 02:50:04,000 CERTAINLY BE WILLING TO 4790 02:50:04,001 --> 02:50:06,000 COOPERATE. 4791 02:50:06,001 --> 02:50:07,000 SERIOUSLY, OUR CONGRATULATIONS 4792 02:50:07,001 --> 02:50:09,000 TO THE UNITED STATES MARINE 4793 02:50:09,001 --> 02:50:11,000 CORPS ON THEIR BIRTHDAY. 4794 02:50:11,001 --> 02:50:13,000 WE VALUE THEM FOR WHAT THEY HAVE 4795 02:50:13,001 --> 02:50:15,000 DONE IN OUR MOST RECENT 4796 02:50:15,001 --> 02:50:18,000 CONFLICTS AND THEIR INCREDIBLE HISTORY. 4797 02:50:18,001 --> 02:50:19,000 THEY TRULY ARE SEMPER FI. 4798 02:50:19,001 --> 02:50:21,000 MR. PRESIDENT, HAVING SAID THAT 4799 02:50:21,001 --> 02:50:23,000 IN THE SPIRIT OF WHAT I HOPE 4800 02:50:23,001 --> 02:50:25,000 COULD BE THE COMITY OF THE DAY, 4801 02:50:25,001 --> 02:50:27,000 THE CIVILITY OF THE DAY, WE 4802 02:50:27,001 --> 02:50:28,000 YIELDACK OUR TIME AND WE'RE 4803 02:50:28,001 --> 02:50:30,000 PREPARED TO MOVE FORWARD WITH 4804 02:50:30,001 --> 02:50:33,000 THE VOTE. 4805 02:50:33,001 --> 02:50:34,000 MR. ROBERTS: I WOULD TELL 4806 02:50:34,001 --> 02:50:36,000 SENATOR SEMPER FI, AND ON BEHALF 4807 02:50:36,001 --> 02:50:38,000 OF THE MINORITY, WE YIELD BACK 4808 02:50:38,001 --> 02:50:39,000 OUR TIME. 4809 02:50:39,001 --> 02:50:41,000 THE PRESIDING OFFICER: ALL TIME HAS EXPIRED. 4810 02:50:41,001 --> 02:50:43,000 THE CLERK WIL 4811 02:50:43,001 --> 02:50:44,000 TO INVOKE CLOTURE. 4812 02:50:44,001 --> 02:50:45,000 THE CLERK: WE THE UNDERSIGNED 4813 02:50:45,001 --> 02:50:47,000 SENATORS IN ACCORDANCE WITH THE 4814 02:50:47,001 --> 02:50:48,000 PROVISIONS OF RULE 22 OF THE 4815 02:50:48,001 --> 02:50:51,000 STANDING RULES OF THE SENATE 4816 02:50:51,001 --> 02:50:53,000 HEREBY MOVE 4817 02:50:53,001 --> 02:50:55,000 DEBATE ON THE COMMITTEE-REPORTED 4818 02:50:55,001 --> 02:50:56,000 SUBSTITUTE AMENDMENT TO H.R. 4819 02:50:56,001 --> 02:50:59,000 2847, THE DEPARTMENTS OF 4820 02:50:59,001 --> 02:51:01,000 COMMERCE, JUSTICE, AND SCIENCE 4821 02:51:01,001 --> 02:51:02,000 AN 4822 02:51:02,001 --> 02:51:04,000 APPROPRIATIONS ACT OF FISCAL 4823 02:51:04,001 --> 02:51:05,000 YEAR 2010, SIGNED 4824 02:51:05,001 --> 02:51:06,000 SENATORS. 4825 02:51:06,001 --> 02:51:08,000 THE PRESIDING OFFICER: BY 4826 02:51:08,001 --> 02:51:10,000 UNANIMOUS CONSENT, A MANDATORY 4827 02:51:10,001 --> 02:51:11,000 QUORUM CALL IS WVED. 4828 02:51:11,001 --> 02:51:14,000 THE QUESTION IS IS IT THE SENSE 4829 02:51:14,001 --> 02:51:16,000 OF THE SENATE THAT DEBATE ON THE 4830 02:51:16,001 --> 02:51:19,000 COMMITTEE REPORT SUBSTITUTE FOR 4831 02:51:19,001 --> 02:51:20,000 H.R. 2847, THE 4832 02:51:20,001 --> 02:51:21,000 COMMERCE-JUSTICE-SCIENCE AND 4833 02:51:21,001 --> 02:51:23,000 RELATED AGENCIES APPROPRIATION 4834 02:51:23,001 --> 02:51:28,000 ACT OF 2010 SHALL BE BROUGHT TO 4835 02:51:28,001 --> 02:51:29,000 A CLOSE. 4836 02:51:29,001 --> 02:51:31,000 THE YEAS AND NAYS ARE MANDATORY 4837 02:51:31,001 --> 02:59:38,000 UNDER THE RULES, AND THE 4838 02:59:38,001 --> 03:14:37,000 VOTE: 4839 03:14:37,001 --> 03:18:44,000 VOTE: 4840 03:18:44,001 --> 03:18:46,000 VOTE: 4841 03:18:46,001 --> 03:18:51,000 THE PRESIDING OFFICER: ALL 4842 03:18:51,001 --> 03:18:53,000 SENATORS WHO -- IF ALL SENATORS 4843 03:18:53,001 --> 03:18:55,000 VOTED ON THIS 4844 03:18:55,001 --> 03:18:56,000 60, THE NAYS ARE 39. 4845 03:18:56,001 --> 03:18:57,000 THREE-FIFTHS OF THE SENATORS 4846 03:18:57,001 --> 03:19:00,000 DUEL LEE CHOSEN AND SWORN HAVING 4847 03:19:00,001 --> 03:19:04,000 VOTED IN 4848 03:19:04,001 --> 03:19:09,000 MOTION IS AGREED TO. 4849 03:19:09,001 --> 03:19:12,000 THE CLERK WILL REPORT THE BILL. 4850 03:19:12,001 --> 03:19:14,000 THE CLERK: CALENDAR NUMBER 87, 4851 03:19:14,001 --> 03:19:15,000 H.R. 2847, AND ACT MACK I.G. 4852 03:19:15,001 --> 03:19:17,000 APPROPRIATIONS FOR THE 4853 03:19:17,001 --> 03:19:19,000 DEPARTMENTS OF COMMERCE AND 4854 03:19:19,001 --> 03:19:20,000 JUSTICE AND SCIENCE AND RELATED 4855 03:19:20,001 --> 03:19:22,000 AGENCIES FOR THE FISCAL YEAR 4856 03:19:22,001 --> 03:19:28,000 ENDING SEPTEMBER 30, 2010, AND 4857 03:19:28,001 --> 03:19:30,000 FOR OTHER PURPOSES. 4858 03:19:30,001 --> 03:19:31,000 MS. MIKULSKI: MR. PRESIDENT? THE PRESIDING OFFICER: THE 4859 03:19:31,001 --> 03:19:32,000 SENATOR FROM MARYLANIS RECOGNIZED. 4860 03:19:32,001 --> 03:19:35,000 MS. MIKULSKI: I NOTE THE 4861 03:19:35,001 --> 03:19:37,000 ABSENCE OF A QUORUM. 4862 03:19:37,001 --> 03:19:38,000 CLERK WILL CALL THE ROLL. 4863 03:19:38,001 --> 03:19:39,000 MS. MIKULSKI: MR. PRESIDENT? 4864 03:19:39,001 --> 03:19:42,000 I MISSPOKE. 4865 03:19:42,001 --> 03:19:43,000 I ASK FOR THE REGULAR ORDER. 4866 03:19:43,001 --> 03:20:01,000 THE PRESIDING OFFICER: THE 4867 03:20:01,001 --> 03:20:05,000 QUORUM CALL IS WITHDRAWN. THE PRESIDING OFFICER: THE 4868 03:20:05,001 --> 03:20:24,000 CLERK WILL CALL THE ROLL. 4869 03:20:24,001 --> 03:20:25,000 QUORUM CALL: MR. PRESIDENT? THE PRESIDING OFFICER: THE 4870 03:20:25,001 --> 03:20:26,000 SENATOR FROM FLORIDA IS 4871 03:20:26,001 --> 03:20:28,000 RECOGNIZED. 4872 03:20:28,001 --> 03:20:30,000 MR. NELSON: 4873 03:20:30,001 --> 03:20:31,000 ASK CONSENT THAT THE QUORUM CALL 4874 03:20:31,001 --> 03:20:33,000 BE LIFTED. THE PRIDING OFFICER: WITHOUT 4875 03:20:33,001 --> 03:20:35,000 OBJECTION, IT IS SO OERED. 4876 03:20:35,001 --> 03:20:37,000 MR. NELSON: MR. PRESIDENT, THE 4877 03:20:37,001 --> 03:20:41,000 FOOD AND DRUG ADMINISTRATION IS 4878 03:20:41,001 --> 03:20:47,000 PROPOSING A RULE THAT WILL 4879 03:20:47,001 --> 03:20:51,000 BASICALLY ELIMINATE, IF YOU LIKE RAW OYSTERS. 4880 03:20:51,001 --> 03:20:55,000 THERE HAVE BEEN 15 PEOPLE IN THE 4881 03:20:55,001 --> 03:20:58,000 PAST YEAR THAT HAVE DIED FROM A 4882 03:20:58,001 --> 03:21:01,000 BACTERIAL INFECTION THAT COMES 4883 03:21:01,001 --> 03:21:05,000 OUT OF RAW OYSTERS. 4884 03:21:05,001 --> 03:21:09,000 BUT WHAT HAS BEEN DISCOVERED IS 4885 03:21:09,001 --> 03:21:11,000 THAT THE PEOPLE HAD A 4886 03:21:11,001 --> 03:21:15,000 PREEXISTING CONDITION PRIOR TO 4887 03:21:15,001 --> 03:21:20,000 EATING THE OYSTERS THAT MADE 4888 03:21:20,001 --> 03:21:21,000 THEIR IMMUNE SYSTEM WORN DOWN SO 4889 03:21:21,001 --> 03:21:22,000 THAT THEY WERE MUCH MORE 4890 03:21:22,001 --> 03:21:26,000 SUSCEPTIBLE. 4891 03:21:26,001 --> 03:21:27,000 AND SO IN A SWEEPING 4892 03:21:27,001 --> 03:21:31,000 ADMINISTRATIVE EXECUTIVE BRANCH 4893 03:21:31,001 --> 03:21:32,000 DECISION OF TRYING TO CORRECT A 4894 03:21:32,001 --> 03:21:35,000 PROBLEM, THEY'RE SUDDENLY 4895 03:21:35,001 --> 03:21:38,000 PROPOSING THAT THEY ARE GOING TO 4896 03:21:38,001 --> 03:21:39,000 STOP THE REST OF AMERICA EASTING 4897 03:21:39,001 --> 03:21:41,000 RAW OYSTERS. 4898 03:21:41,001 --> 03:21:46,000 THIS IS LIKE SAYING, IF YOU HAVE 4899 03:21:46,001 --> 03:21:48,000 A FOOD ALLERGY LIKE PEANUTS, 4900 03:21:48,001 --> 03:21:52,000 WE'RE GOING TO BAN YOU EATING 4901 03:21:52,001 --> 03:21:54,000 PEANUTS, UNLESS YOU COOK THEM. 4902 03:21:54,001 --> 03:21:57,000 WELL, AS YOU KNOW, 4903 03:21:57,001 --> 03:21:58,000 MR. PRESIDENT, THERE 4904 03:21:58,001 --> 03:22:01,000 THRIVING INDUSTRY ALONG THE 4905 03:22:01,001 --> 03:22:05,000 COAST OF AMERICA, PARTICULARLY 4906 03:22:05,001 --> 03:22:08,000 THE GULF COAST OF AMERICA, THAT 4907 03:22:08,001 --> 03:22:10,000 HAS A DELICACY KNOWN AS ROWE 4908 03:22:10,001 --> 03:22:12,000 OYSTERS. 4909 03:22:12,001 --> 03:22:14,000 -- AS RAW OYSTERS THAT PEOPLE 4910 03:22:14,001 --> 03:22:18,000 ENJOY. 4911 03:22:18,001 --> 03:22:19,000 AND APALACHICOLA OYSTERS, THE 4912 03:22:19,001 --> 03:22:21,000 CREME DE LA CREME, ARE SHIPPED 4913 03:22:21,001 --> 03:22:25,000 ALL OVER THE WORLD, AND IN SOME 4914 03:22:25,001 --> 03:22:27,000 OF THE FANCIEST RESTAURANTS YOU 4915 03:22:27,001 --> 03:22:30,000 GET APALACHICOLA OYSTERS ON THE 4916 03:22:30,001 --> 03:22:31,000 HALF SHELL. 4917 03:22:31,001 --> 03:22:39,000 THE FOOD AND DRUG ADMINISTRATION 4918 03:22:39,001 --> 03:22:42,000 IS ABOUT TO BAN RAW OYSTERS. 4919 03:22:42,001 --> 03:22:44,000 WELL, THERE'S SOME OF US IN THE 4920 03:22:44,001 --> 03:22:47,000 SENATE THAT ARE GOING TO TRY NOT 4921 03:22:47,001 --> 03:22:51,000 TO LET THIS HAPPEN. 4922 03:22:51,001 --> 03:22:53,000 AND SO, SENATOR LANDRIEU AND I, 4923 03:22:53,001 --> 03:22:56,000 WHO BOTH HAVE SOME INTEREST IN 4924 03:22:56,001 --> 03:23:01,000 THIS BECAUSE IT AFFECTS OUR 4925 03:23:01,001 --> 03:23:04,000 STATES, ARE FILING A BILL TODAY 4926 03:23:04,001 --> 03:23:06,000 THAT WOULD UTILIZE THE 4927 03:23:06,001 --> 03:23:10,000 APPROPRIATIONS MEANS OF NOT 4928 03:23:10,001 --> 03:23:13,000 LETTING AN APPROPRIATION BE 4929 03:23:13,001 --> 03:23:15,000 ENACTED OR USED FOR THE PURPOSE 4930 03:23:15,001 --> 03:23:18,000 OF THE F.D.A. IMPLEMENTING SUCH 4931 03:23:18,001 --> 03:23:20,000 A RULE. 4932 03:23:20,001 --> 03:23:21,000 -- SUCH A RULE THAT WOULD BAN 4933 03:23:21,001 --> 03:23:28,000 RAW OYSTERS. 4934 03:23:28,001 --> 03:23:29,000 THIS IS TRYING TO KILL A GNAT 4935 03:23:29,001 --> 03:23:31,000 WITH ALEDGEHAMMER. 4936 03:23:31,001 --> 03:23:34,000 IF PEOPLE WERE, BECAUSE OF A 4937 03:23:34,001 --> 03:23:37,000 PREEXIING CONDITION, ALREADY 4938 03:23:37,001 --> 03:23:41,000 SUBJECT TO COMING DOWN WITH AN 4939 03:23:41,001 --> 03:23:43,000 ILLNESS, THERE IS JUST SIMPLY NO SENSE. 4940 03:23:43,001 --> 03:23:45,000 THIS IS GOVERNMENT RUN THIS IS GOVERNMENT OUT OF 4941 03:23:45,001 --> 03:23:46,000 CONTROL. 4942 03:23:46,001 --> 03:23:49,000 THIS IS GOVERNMENT TRYING TO 4943 03:23:49,001 --> 03:23:50,000 KILL A GNAT WITH A SLEDGEHAMMER. 4944 03:23:50,001 --> 03:23:52,000 AND WE'RE NOT GOING TO LET IT 4945 03:23:52,001 --> 03:23:55,000 HAPPEN. 4946 03:23:55,001 --> 03:23:56,000 SO, MR. PRESIDENT, I WANT TO 4947 03:23:56,001 --> 03:23:59,000 INFORM THE SENATE TODAY THAT 4948 03:23:59,001 --> 03:24:00,000 WE'RE FILING THIS LEGISLATION. 4949 03:24:00,001 --> 03:24:01,000 MR. PRESIDENT, I YIELD THE 4950 03:24:01,001 --> 03:24:02,000 FLOOR, 4951 03:24:02,001 --> 03:24:03,000 OF A QUORUM. 4952 03:24:03,001 --> 03:24:07,000 THE PRESIDING 4953 03:24:07,001 --> 03:26:56,000 CLERK WILL CALL THE ROLL. 4954 03:26:56,001 --> 03:26:57,000 QUORUM CALL: MR. FRANKEN: MR. PRESIDENT? 4955 03:26:57,001 --> 03:26:59,000 THE PRESIDING OFFICER: THE 4956 03:26:59,001 --> 03:27:00,000 RECOGNIZED. MR. FRANKEN: MR. PRESIDENT, I 4957 03:27:00,001 --> 03:27:01,000 ASK UNANIMOUS CONSENT THAT THE 4958 03:27:01,001 --> 03:27:02,000 QUORUM BE SUSPENDED. 4959 03:27:02,001 --> 03:27:03,000 THE PRESIDING OFFICER: WITHOUT 4960 03:27:03,001 --> 03:27:04,000 OBJECTION, IT IS SO ORDERED. 4961 03:27:04,001 --> 03:27:06,000 MR. FRANKEN: I ASK UNIMOUS 4962 03:27:06,001 --> 03:27:07,000 CONSENT AT I BE ALLOWED TO 4963 03:27:07,001 --> 03:27:09,000 SPEAK A IF IN MORNING BUSINESS 4964 03:27:09,001 --> 03:27:13,000 FOR UP TO FIVE MISSEENS AND THAT 4965 03:27:13,001 --> 03:27:15,000 THE TIME BE CHARGED POSTCLOTURE. THE PRESIDING OFFICER: WITHOUT 4966 03:27:15,001 --> 03:27:16,000 OBJECTION, SO ORDERED. 4967 03:27:16,001 --> 03:27:17,000 MR. FRANKEN: THANK YOU, 4968 03:27:17,001 --> 03:27:19,000 MR. PRESIDENT. 4969 03:27:19,001 --> 03:27:22,000 RIGHT NOW MANY OF US ARE ENGAGED 4970 03:27:22,001 --> 03:27:24,000 IN A VERY WORTHWHILE DISCUSSION 4971 03:27:24,001 --> 03:27:26,000 ABOUHEALTH CARE AND HEALTH INSURANCE. 4972 03:27:26,001 --> 03:27:27,000 THESE ARE IMMENSELY IMPORTANT 4973 03:27:27,001 --> 03:27:29,000 TOPICS AND I LOOK FORWARD TO 4974 03:27:29,001 --> 03:27:31,000 WORKING WITH ALL MY COLLEAGUES 4975 03:27:31,001 --> 03:27:33,000 TO PASS HEALTH REFORM THIS YEAR. 4976 03:27:33,001 --> 03:27:34,000 BUT IN THESE BROADER 4977 03:27:34,001 --> 03:27:37,000 DISCUSSIONS, IT'S EASY TO FORGET 4978 03:27:37,001 --> 03:27:38,000 THAT THE BEST WAY TO BECOME A 4979 03:27:38,001 --> 03:27:42,000 HEALTHIER COUNTRY WITH LOWER 4980 03:27:42,001 --> 03:27:43,000 HEALTH CARE COSTS IS TO PREVENT 4981 03:27:43,001 --> 03:27:45,000 AMERICANS FROM BECOMING SICK IN 4982 03:27:45,001 --> 03:27:48,000 THE FIRS PLACE. 4983 03:27:48,001 --> 03:27:49,000 A GREAT PLACE TO PRIORITIZE 4984 03:27:49,001 --> 03:27:53,000 WELLNESS OVER SICKNESS COMES IN 4985 03:27:53,001 --> 03:27:54,000 OUR PREVENTION OF DIABETES. 4986 03:27:54,001 --> 03:27:57,000 TODAY 24 MILLION AMERICANS 4987 03:27:57,001 --> 03:27:58,000 SUFFER FROM DIABETES, AND THE 4988 03:27:58,001 --> 03:28:01,000 EPIDEMIC IS GETTING WORSE. 4989 03:28:01,001 --> 03:28:02,000 IF WE DON'T MAKE SOME CHANGES 4990 03:28:02,001 --> 03:28:04,000 SOON, THE PREVALENCE OF THE 4991 03:28:04,001 --> 03:28:05,000 DISEASE WILL DOUBLE OVER THE 4992 03:28:05,001 --> 03:28:08,000 NEXT 30 YEARS. 4993 03:28:08,001 --> 03:28:12,000 THE ANNUAL COST OF DIABETES IN 4994 03:28:12,001 --> 03:28:16,000 OUR COUNTRY IS EXPECTED TO REACH 4995 03:28:16,001 --> 03:28:19,000 $338 BILLION BY 2020. 4996 03:28:19,001 --> 03:28:22,000 RIGHT NOW 57 MILLION AMERICANS 4997 03:28:22,001 --> 03:28:24,000 ARE WHAT'S CONSIDERED PREDIABETIC. 4998 03:28:24,001 --> 03:28:26,000 THAT MEANS THEY ARE AT RISK OF 4999 03:28:26,001 --> 03:28:27,000 DEVELOPING THE FULL-BLOWN 5000 03:28:27,001 --> 03:28:30,000 DISEASE BECAUSE THEY HAVE HIGH 5001 03:28:30,001 --> 03:28:31,000 BLOOD PRESSURE OR HIGH GLUCOSE 5002 03:28:31,001 --> 03:28:33,000 LEVELS. 5003 03:28:33,001 --> 03:28:35,000 THESE STATISTICS INCLUDE OVER A 5004 03:28:35,001 --> 03:28:38,000 MILLION ADULTS AND 92,000 YOUTH 5005 03:28:38,001 --> 03:28:39,000 IN MY STATE ALONE. 5006 03:28:39,001 --> 03:28:42,000 THESE ARE MINNESOTANS WHO MAY 5007 03:28:42,001 --> 03:28:44,000 FIND OUT TOMORROW THAT THEY HAVE 5008 03:28:44,001 --> 03:28:47,000 BECOME DIABETIC. 5009 03:28:47,001 --> 03:28:51,000 AND WE KNOW THAT DIABETES MAY BE 5010 03:28:51,001 --> 03:28:53,000 -- AND CAN BECOME DEBILITATING 5011 03:28:53,001 --> 03:28:54,000 AND REQUIRE COSTLY MEDICAL 5012 03:28:54,001 --> 03:28:56,000 INTERVENTIONS, FROM DAILY 5013 03:28:56,001 --> 03:28:59,000 INJECTIONS OF INSULIN ALL THE 5014 03:28:59,001 --> 03:29:01,000 WAY TO AMPUTATIONS. 5015 03:29:01,001 --> 03:29:02,000 WE KNOW HO DEVASTATING THIS 5016 03:29:02,001 --> 03:29:05,000 DISEASE IS FROM THE STORIES THAT 5017 03:29:05,001 --> 03:29:07,000 WE HEAR WHEN WE'RE BACK HOME. 5018 03:29:07,001 --> 03:29:09,000 JUST THIS WEEK I WAS ON THE 5019 03:29:09,001 --> 03:29:11,000 FLOOR AND SHARED THETORY OF 5020 03:29:11,001 --> 03:29:13,000 LIZ McCASKY FROM MINNEAPOLIS. 5021 03:29:13,001 --> 03:29:16,000 SHE LOST HER JOB IN SEPTEMBER 5022 03:29:16,001 --> 03:29:17,000 AND IS 58 YEARS OLD, MY EXACT 5023 03:29:17,001 --> 03:29:20,000 AGE. 5024 03:29:20,001 --> 03:29:22,000 SHE LIVES WITH DIABETES AND WAS 5025 03:29:22,001 --> 03:29:26,000 JUST DIAGNOSED WITH KIDNEY FAILURE. 5026 03:29:26,001 --> 03:29:28,000 SHE'S PAYING CLOSE TO $20,000 A 5027 03:29:28,001 --> 03:29:32,000 YEAR FOR HER INSURANCE AND 5028 03:29:32,001 --> 03:29:35,000 TRYING TO LIVE ON $1,000 A MONTH. 5029 03:29:35,001 --> 03:29:37,000 IF WE COULD HELP 5030 03:29:37,001 --> 03:29:38,000 PEOPLE LIKE LIZ AVOID THE PAIN 5031 03:29:38,001 --> 03:29:40,000 AND SUFFERING THAT COMES FROM 5032 03:29:40,001 --> 03:29:42,000 DIABETES, IT WOULD BE A 5033 03:29:42,001 --> 03:29:43,000 HEALTHIER, MORE PROSPEROUS 5034 03:29:43,001 --> 03:29:46,000 COUNTRY. 5035 03:29:46,001 --> 03:29:49,000 THE GOOD NEWS IS WE CAN HELP 5036 03:29:49,001 --> 03:29:50,000 AMERICANS AVOID THIS COSTLY AND 5037 03:29:50,001 --> 03:29:54,000 DEBILITATING DISEASE. 5038 03:29:54,001 --> 03:29:56,000 RESEARCH HAS SHOWN THAT 5039 03:29:56,001 --> 03:29:58,000 PREDIABETICS CAN AVOID 5040 03:29:58,001 --> 03:30:00,000 FULL-BLOWN DIABETES IF THEY 5041 03:30:00,001 --> 03:30:02,000 RECEIVE ACCESS TO COMMUNITY 5042 03:30:02,001 --> 03:30:04,000 SERVICES LIKE NUTRITION 5043 03:30:04,001 --> 03:30:07,000 COUNSELING AND GYM MEMBERSHIPS. 5044 03:30:07,001 --> 03:30:10,000 THESE ARE PROVEN TO CUT THE RISK 5045 03:30:10,001 --> 03:30:12,000 OF DEVELOPING DIABETES IN HALF. 5046 03:30:12,001 --> 03:30:14,000 I AM PLEASED TODAY TO BE 5047 03:30:14,001 --> 03:30:17,000 OFFERING LEGISLATION WITH 5048 03:30:17,001 --> 03:30:18,000 SENATOR LUGAR TO ENSURE THAT 5049 03:30:18,001 --> 03:30:19,000 PREDIABETICS HAVE ACCESS TO 5050 03:30:19,001 --> 03:30:22,000 SERVICES THAT WILL STOP THIS 5051 03:30:22,001 --> 03:30:25,000 DISEASE IN ITS TRACKS. 5052 03:30:25,001 --> 03:30:27,000 THE DIABETES PREVENTION ACT IS 5053 03:30:27,001 --> 03:30:29,000 BASE ON AN N.I.H. RESEARCH 5054 03:30:29,001 --> 03:30:32,000 STUDY DONE IN PARTNERSHIP WITH 5055 03:30:32,001 --> 03:30:34,000 THE YMCA IN INDIANA. 5056 03:30:34,001 --> 03:30:36,000 THE STUDIES SHOWED THAT A 5057 03:30:36,001 --> 03:30:38,000 16-WEEK INTENSIVE LIFESTY 5058 03:30:38,001 --> 03:30:41,000 PROGRAM CAN PREVENT DIABETES AND 5059 03:30:41,001 --> 03:30:44,000 COST LESS THAN $300 PER PERSON. 5060 03:30:44,001 --> 03:30:45,000 LESS THAN $300 PER PERSON PER 5061 03:30:45,001 --> 03:30:47,000 YEAR. 5062 03:30:47,001 --> 03:30:49,000 STUDIES HAVE SHOWN US THAT THIS 5063 03:30:49,001 --> 03:30:51,000 INVESTMENT CAN SAVE US MONEY 5064 03:30:51,001 --> 03:30:53,000 WITHIN TWO TO THREE YEARS. 5065 03:30:53,001 --> 03:30:54,000 THE MINNESOTA DEPARTMENT OF 5066 03:30:54,001 --> 03:30:59,000 HEALTH HAVE BEEN WORKING WITH 5067 03:30:59,001 --> 03:31:01,000 OUR LOCAL YMCA'S IN WILMER, 5068 03:31:01,001 --> 03:31:02,000 ROCHESTER, AND MINNEAPOLIS TO 5069 03:31:02,001 --> 03:31:05,000 IMPLEMENT THIS PROGRAM. 5070 03:31:05,001 --> 03:31:08,000 WE HAVE A DIVERSE GROUP OF 5071 03:31:08,001 --> 03:31:11,000 INSTRUCTORS WHO SPEAK SPANISH, 5072 03:31:11,001 --> 03:31:13,000 HMONG, SOMALI, AND AMERICAN SIGN LANGGE. 5073 03:31:13,001 --> 03:31:15,000 THEY INCLUDE PARISH NURSES, 5074 03:31:15,001 --> 03:31:17,000 DIETITIANS, AND COMMUNITY HEALTH EDUCATORS. 5075 03:31:17,001 --> 03:31:19,000 ALL OF THESE FOLKS ARE HELPING 5076 03:31:19,001 --> 03:31:21,000 COMMUNITY MEMBERS TO EAT 5077 03:31:21,001 --> 03:31:23,000 HEALTHIER AND BECOME MORE PHYSICALLY ACTIVE. 5078 03:31:23,001 --> 03:31:24,000 FOR THE LUCKY PEOPLE WHO GET TO 5079 03:31:24,001 --> 03:31:25,000 PARTICIPATE IN THESE PROGRAMS, 5080 03:31:25,001 --> 03:31:28,000 IT'S WORKING. 5081 03:31:28,001 --> 03:31:30,000 THEY ARE LOSING WEIGHT, GETTING 5082 03:31:30,001 --> 03:31:33,000 HEALTHIER AND AVOIDING DIABETES. 5083 03:31:33,001 --> 03:31:35,000 BUT RIGHT NOW, THESE EFFORTS ARE 5084 03:31:35,001 --> 03:31:37,000 A DROP IN THE BUCKET BECAUSE THE 5085 03:31:37,001 --> 03:31:39,000 EPIDEMIC IS SO GREAT. 5086 03:31:39,001 --> 03:31:41,000 WITH THIS BILL, WE WILL 5087 03:31:41,001 --> 03:31:44,000 REPLICATE THIS COST-EFFECTIVE 5088 03:31:44,001 --> 03:31:46,000 PROGRAM AND IMPROVE THE LIVES OF 5089 03:31:46,001 --> 03:31:49,000 MILLIONS OF AMERICANS. 5090 03:31:49,001 --> 03:31:52,000 THIS BILL WILL HELP COMMUNITIES 5091 03:31:52,001 --> 03:31:53,000 ACROSS THE COUNTRY TO SET UP 5092 03:31:53,001 --> 03:31:56,000 DIABETES PREVENTION PROGRAMS ON 5093 03:31:56,001 --> 03:31:59,000 INDIAN RESERVATIONS, IN RURAL 5094 03:31:59,001 --> 03:32:02,000 AREAS AND URBAN CENTERS AND ULTIMATELY HEALTH INSURANCE 5095 03:32:02,001 --> 03:32:04,000 COMPANIES WILL BE REIMBURSING 5096 03:32:04,001 --> 03:32:06,000 FOR THESE SERVICES. 5097 03:32:06,001 --> 03:32:09,000 BECAUSE PREVENTION SAVES MONEY 5098 03:32:09,001 --> 03:32:12,000 AND IT SAVES LIVES. 5099 03:32:12,001 --> 03:32:13,000 THIS IS AN INVESTMENT IN OUR 5100 03:32:13,001 --> 03:32:14,000 NATION'S FUTURE. 5101 03:32:14,001 --> 03:32:17,000 I LOOK FORWARD TO WORKING WITH 5102 03:32:17,001 --> 03:32:18,000 MY COLLEAGUES TO ENACT THIS 5103 03:32:18,001 --> 03:32:21,000 IMPORTANT LEGISLATION. 5104 03:32:21,001 --> 03:32:32,000 THANK YOU, MR. PRESIDENT 5105 03:32:32,001 --> 03:32:33,000 YIELD THE FLOOR. 5106 03:32:33,001 --> 03:32:36,000 MR. FRANKEN: I NOTE THE ABSENCE 5107 03:32:36,001 --> 03:32:37,000 OF A QUORUM, 5108 03:32:37,001 --> 03:32:42,000 THE PRESIDING OFFICER: THE CLERK 5109 03:32:42,001 --> 03:44:12,000 WILL CALL THE 5110 03:44:12,001 --> 03:45:46,000 QUORUM CALL: 5111 03:45:46,001 --> 03:45:48,000 QUORUM CALL: 5112 03:45:48,001 --> 03:45:49,000 A SENATOR: MR. PRESIDENT? 5113 03:45:49,001 --> 03:45:50,000 THE PRESIDING OFFICER: THE 5114 03:45:50,001 --> 03:45:52,000 SENATOR FROM FLORIDA. MR. NELSON: MR. PRESIDENT, I ASK 5115 03:45:52,001 --> 03:45:53,000 THAT THE QUORUM CALL BE LIFTED. THE PRESIDING OFFICER: WITHOUT 5116 03:45:53,001 --> 03:45:54,000 OBJECTION, SO ORDERED. 5117 03:45:54,001 --> 03:45:56,000 MR. NELSON: MR. PRESIDENT, I'D 5118 03:45:56,001 --> 03:45:58,000 LIKE TO BE RECOGNIZED AS IF IN MORNING BUSINESS. 5119 03:45:58,001 --> 03:46:00,000 THE PRESIDING OFFICER: WITHOUT 5120 03:46:00,001 --> 03:46:01,000 OBJECTION. 5121 03:46:01,001 --> 03:46:03,000 MR. NELSON: MR. PRESIDENT, IT 5122 03:46:03,001 --> 03:46:05,000 GOES WITHOUT SAYING THAT NASA, 5123 03:46:05,001 --> 03:46:09,000 THE NATIONAL AERONAUTICS AND 5124 03:46:09,001 --> 03:46:16,000 SPACE ADMINISTRATION, IS AT A 5125 03:46:16,001 --> 03:46:17,000 CROSSROADS. 5126 03:46:17,001 --> 03:46:19,000 IT IS AN THEAG HAS BEEN STARVED 5127 03:46:19,001 --> 03:46:21,000 OF FUNDS SO IT FUNDS -- 5128 03:46:21,001 --> 03:46:22,000 IT IS A AGENCY THAT HAS BEEN 5129 03:46:22,001 --> 03:46:25,000 STARVED OF FUNDS SO IT FINDS 5130 03:46:25,001 --> 03:46:31,000 ITSELF IN A POSITION THAT ITS 5131 03:46:31,001 --> 03:46:32,000 HUMAN RATED CAPABLE MISSION, THE 5132 03:46:32,001 --> 03:46:35,000 SPACE SHUTTLE, WILL BE CEASING 5133 03:46:35,001 --> 03:46:41,000 TO FLY AFTER SIX MORE FLIGHTS 5134 03:46:41,001 --> 03:46:42,000 THAT WILL CONTINUE TO BUILD THE 5135 03:46:42,001 --> 03:46:47,000 SPACE STATION AND EQUIP IT. 5136 03:46:47,001 --> 03:46:48,000 THIS LAST FLIGHT WILL PROBABLY 5137 03:46:48,001 --> 03:46:53,000 NOT BE UNTIL 5138 03:46:53,001 --> 03:46:55,000 OF 2011, BUT THE CROSSROADS THAT 5139 03:46:55,001 --> 03:46:58,000 NASA'S FACING IS BECAUSE IT HAS 5140 03:46:58,001 --> 03:47:00,000 BEEN STARVED OF FUNDS OVER THE 5141 03:47:00,001 --> 03:47:04,000 COURSE OF THE LAST HALF A DOZEN 5142 03:47:04,001 --> 03:47:06,000 YEARS. 5143 03:47:06,001 --> 03:47:12,000 IT WILL NOT HAVE A NEW HUMAN 5144 03:47:12,001 --> 03:47:19,000 RATED VEHICLE TO TAKE OUR CREWS 5145 03:47:19,001 --> 03:47:20,000 TO THE INTERPRET SPAC -- TO THE INTERNATIONAL SPACE STATION. 5146 03:47:20,001 --> 03:47:23,000 AS A MATTER OF FACT, THERE'S A 5147 03:47:23,001 --> 03:47:24,000 GREAT DEAL OF CONSTERNATION AND 5148 03:47:24,001 --> 03:47:25,000 CONFLICT WITHIN NASA ITSELF AS 5149 03:47:25,001 --> 03:47:29,000 TO WHAT THAT VEHICLE SHOULD BE. 5150 03:47:29,001 --> 03:47:31,000 AND SO THE PRESIDENT, 5151 03:47:31,001 --> 03:47:36,000 RECOGNIZING THIS EARLIER WHEN HE 5152 03:47:36,001 --> 03:47:38,000 APPOINTED THE NEW NASA 5153 03:47:38,001 --> 03:47:41,000 ADMINISTRATOR, GENERAL CHARLIE 5154 03:47:41,001 --> 03:47:46,000 BOLDEN, SET UP A BLUE-RIBBON 5155 03:47:46,001 --> 03:47:50,000 PANEL HEADED BY NORMAN AUGUSTINE. 5156 03:47:50,001 --> 03:47:52,000 THEY HAVE NOW REPORTED, AND THE 5157 03:47:52,001 --> 03:47:57,000 STRONG INFERENCE OF THEIR 5158 03:47:57,001 --> 03:47:59,000 EXTENSIVE AND DETAILEDEPORT IS 5159 03:47:59,001 --> 03:48:02,000 THAT THE VEHICLE THAT WAS 5160 03:48:02,001 --> 03:48:04,000 PLANNED TO FLY BUT WAS OBVIOUSLY 5161 03:48:04,001 --> 03:48:11,000 GOING TO BE DELAYED BECAUSE IT HADN'T BEEN DEVELOPED QUICK 5162 03:48:11,001 --> 03:48:12,000 ENOUGH, THE ARIES 1 -- BY THE 5163 03:48:12,001 --> 03:48:14,000 WAY, THE SAME VEHICLE THAT JUST 5164 03:48:14,001 --> 03:48:17,000 HAD A VERY SUCCESSFUL TEST 5165 03:48:17,001 --> 03:48:21,000 FLIGHT JUST THIS -- A WEEK 5166 03:48:21,001 --> 03:48:22,000 AGO -- THE STRONG INFERENCE OF 5167 03:48:22,001 --> 03:48:27,000 THE AUGUSTINE COMMISSION REPORT 5168 03:48:27,001 --> 03:48:30,000 IS THAT THE ARIES 1 WOULD NOT 5169 03:48:30,001 --> 03:48:37,000 EVEN BE READY TO FLY ASTRONAUTS 5170 03:48:37,001 --> 03:48:39,000 UNTIL THE YEAR 2017, AND IT'S 5171 03:48:39,001 --> 03:48:40,000 SOLE PURPOSE WOULD BE, ACCORDING 5172 03:48:40,001 --> 03:48:42,000 TO THE AUGUSTINE COMMISSION 5173 03:48:42,001 --> 03:48:45,000 REPORT, TO GET ASTRONAUTS TO AND 5174 03:48:45,001 --> 03:48:51,000 FROM THE SPACE STATION AND THAT 5175 03:48:51,001 --> 03:48:53,000 THAT 5176 03:48:53,001 --> 03:48:57,000 REPORT'S INFERENCE, TOO LATE. 5177 03:48:57,001 --> 03:48:59,000 AND SO THEY ARE RECOMMENDING, OR 5178 03:48:59,001 --> 03:49:02,000 AT LEAST THE STRONG INFERENCE OF 5179 03:49:02,001 --> 03:49:06,000 A RECOMMENDATION, IN THE 5180 03:49:06,001 --> 03:49:08,000 VEHICLES BE DEVELOPED TO TAKE 5181 03:49:08,001 --> 03:49:11,000 CARGO AND CREW TO THE 5182 03:49:11,001 --> 03:49:12,000 INTERNATIONAL SPACE STATION. 5183 03:49:12,001 --> 03:49:16,000 WHICH THE AUGUSTINE COMMISSION 5184 03:49:16,001 --> 03:49:17,000 REPORT IS SUGGESTING THE SPACE 5185 03:49:17,001 --> 03:49:24,000 STATION CERTAINLY SHOULD BE KEPT 5186 03:49:24,001 --> 03:49:26,000 ALIVE UNTIL THE YEAR 2020 5187 03:49:26,001 --> 03:49:30,000 TO REAP SOME OF THE SCIENCE FROM 5188 03:49:30,001 --> 03:49:31,000 THE EXPERIMENTS THAT JUST NOW 5189 03:49:31,001 --> 03:49:34,000 THE SPACE STATION IS GETTING 5190 03:49:34,001 --> 03:49:36,000 EQUIPPED TO BE ABLE TO DO THAT 5191 03:49:36,001 --> 03:49:38,000 SCIENCE. 5192 03:49:38,001 --> 03:49:41,000 IN THE NODULE THAT IS NOW 5193 03:49:41,001 --> 03:49:42,000 DESIGNATED AS A NATIONAL 5194 03:49:42,001 --> 03:49:48,000 LABORATORY ON THE INTERNATIONAL 5195 03:49:48,001 --> 03:49:50,000 SPACE STATION. 5196 03:49:50,001 --> 03:49:53,000 OKAY, NOW, IF WHAT I JUST SAID 5197 03:49:53,001 --> 03:49:55,000 SOUNDS CONFUSING, INDEED, IT IS. 5198 03:49:55,001 --> 03:49:59,000 AND THAT'S WHY NASA'S AT A 5199 03:49:59,001 --> 03:50:01,000 CROSSROADS 5200 03:50:01,001 --> 03:50:02,000 AND NASA IS EVEN MORE AT A 5201 03:50:02,001 --> 03:50:08,000 CROSSROADS BECAUSE NASA CAN'T DO 5202 03:50:08,001 --> 03:50:13,000 ANYTHING UNLESS IT GETS SOME 5203 03:50:13,001 --> 03:50:14,000 SERIOUS NEW ADDITIONAL MONEY AND 5204 03:50:14,001 --> 03:50:15,000 THAT IS THE STRONG 5205 03:50:15,001 --> 03:50:19,000 RECOMMENDATION OF THE AUGUSTINE 5206 03:50:19,001 --> 03:50:22,000 COMMISSION REPORT. 5207 03:50:22,001 --> 03:50:25,000 WHAT THEY ARE SAYING IS THAT 5208 03:50:25,001 --> 03:50:27,000 NASA SHOULD HAVE A BILLION 5209 03:50:27,001 --> 03:50:28,000 DOLLARS EXTRA OVER THE 5210 03:50:28,001 --> 03:50:35,000 PRESIDENT'S REQUEST IN THIS 5211 03:50:35,001 --> 03:50:37,000 FISC 5212 03:50:37,001 --> 03:50:40,000 LET'S SEE, THE FIRST CAL YEAR 5213 03:50:40,001 --> 03:50:42,000 THAT STARTED- THE FISCAL YEAR 5214 03:50:42,001 --> 03:50:47,000 THAT STARTED OCTOBER 1, KNOWN AS 5215 03:50:47,001 --> 03:50:48,000 FISCAL YEAR 2010, AND THAT THE 5216 03:50:48,001 --> 03:50:50,000 NEXT FISCAL YEAR, IT SHOULD HAVE 5217 03:50:50,001 --> 03:50:52,000 AN ADDITIONAL $2 BILLION OVER 5218 03:50:52,001 --> 03:50:57,000 THE PRESIDENT'S BASELINE 5219 03:50:57,001 --> 03:50:59,000 RECOMMENDATION ON THE BUDGET, 5220 03:50:59,001 --> 03:51:00,000 AND THAT THEREAFTER FOR THE 5221 03:51:00,001 --> 03:51:03,000 DECADE, IT SHOULD HAVE AN 5222 03:51:03,001 --> 03:51:05,000 ADDITIONAL $3 BILLION PER YEAR 5223 03:51:05,001 --> 03:51:08,000 TO FILL OUT T 5224 03:51:08,001 --> 03:51:12,000 NASA CAN DO WHAT IT DOES BEST. 5225 03:51:12,001 --> 03:51:15,000 NOW, WHAT DOES IT DO BEST? 5226 03:51:15,001 --> 03:51:19,000 IT EXPLORES THE UNKNOWN. 5227 03:51:19,001 --> 03:51:23,000 IT EXPLORES THE HEAVENS. 5228 03:51:23,001 --> 03:51:24,000 WHAT SHOULD THAT ARCHITECTURE 5229 03:51:24,001 --> 03:51:28,000 BE? 5230 03:51:28,001 --> 03:51:30,000 I DON'T THINK OUR SENATE 5231 03:51:30,001 --> 03:51:31,000 COMMITTEE CAN DECIDE THAT. 5232 03:51:31,001 --> 03:51:35,000 I DON'T THINK THE WHITE HOUSE 5233 03:51:35,001 --> 03:51:37,000 CAN DECIDE THAT. 5234 03:51:37,001 --> 03:51:39,000 BUT THE WHITE HOUSE CAN GIVE 5235 03:51:39,001 --> 03:51:40,000 DIRECTION AND OUR COMMITTEE CAN 5236 03:51:40,001 --> 03:51:43,000 GIVE DIRECTION TO NASA TO GO 5237 03:51:43,001 --> 03:51:45,000 FIGURE IT OUT. 5238 03:51:45,001 --> 03:51:47,000 FIGURE OUT WHAT THAT 5239 03:51:47,001 --> 03:51:51,000 ARCHITECTURE IS TO DO THAT NASA 5240 03:51:51,001 --> 03:51:57,000 DOES BEST, WHICH IS EXPLORE THE 5241 03:51:57,001 --> 03:51:58,000 HEAVENS. 5242 03:51:58,001 --> 03:51:59,000 AND THAT DIRECTION IS CERTAINLY 5243 03:51:59,001 --> 03:52:03,000 RECOMMENDED IN THE AUGUSTINE 5244 03:52:03,001 --> 03:52:07,000 COMMISSION REPORT AS GET OUT OF 5245 03:52:07,001 --> 03:52:12,000 LOW EARTH ORBIT, EXPAND OUT INTO 5246 03:52:12,001 --> 03:52:19,000 TH COSMOS WITH HUMANS TO 5247 03:52:19,001 --> 03:52:20,000 EXPLORE. 5248 03:52:20,001 --> 03:52:21,000 SO, MR. PRESIDENT, WHAT I AM 5249 03:52:21,001 --> 03:52:23,000 HOPING THAT THE PRESIDENT OF THE 5250 03:52:23,001 --> 03:52:26,000 UNITED STATES, BARACK OBAMA, IS 5251 03:52:26,001 --> 03:52:27,000 GOING TO DO NOW THAT HE HAS 5252 03:52:27,001 --> 03:52:34,000 RECEIVED THE AUGUSTINE 5253 03:52:34,001 --> 03:52:36,000 COMMISSION REPORT, IT IS MY 5254 03:52:36,001 --> 03:52:41,000 HOPE, IT IS MY PLEA TO THE 5255 03:52:41,001 --> 03:52:42,000 PRIDENT THAT HE WILL TAKE 5256 03:52:42,001 --> 03:52:44,000 THEIR RECOMMENDATION SERIOUSLY 5257 03:52:44,001 --> 03:52:46,000 AND THAT H WILL DO THREE THINGS. 5258 03:52:46,001 --> 03:52:49,000 THAT, FIRST OF ALL, EVEN IN THE 5259 03:52:49,001 --> 03:52:51,000 MIDST OF AN ECONOMIC RECESSION, 5260 03:52:51,001 --> 03:52:52,000 WHEN THE BUDGETS ARE VERY 5261 03:52:52,001 --> 03:52:55,000 CONSTRAINED AND TIGHT, HE WILL 5262 03:52:55,001 --> 03:52:58,000 SAY THAT A PART OF AMERICA THAT 5263 03:52:58,001 --> 03:53:03,000 WE ARE NOT GOING TO GIVE UP IS 5264 03:53:03,001 --> 03:53:04,000 OUR ROLE AS EXPLORERS. 5265 03:53:04,001 --> 03:53:09,000 AND THAT HE WILL SUBMIT TO 5266 03:53:09,001 --> 03:53:10,000 RECOMMEND IN HIS BUDGETS THE 5267 03:53:10,001 --> 03:53:14,000 ADDITIONAL MONEY AS RECOMMENDED 5268 03:53:14,001 --> 03:53:16,000 BY THE AUGUSTINE COMMISSION. 5269 03:53:16,001 --> 03:53:18,000 AND IN THIS FIRST YEAR, THIS 5270 03:53:18,001 --> 03:53:23,000 FISCAL YEAR THAT WE'RE IN NOW, 5271 03:53:23,001 --> 03:53:25,000 FISCAL YEAR 2010, THAT'S A LOT 5272 03:53:25,001 --> 03:53:26,000 EASIER BECAUSE YOU CAN GET THAT 5273 03:53:26,001 --> 03:53:29,000 ADDITIONAL BILLION DOLLARS OUT 5274 03:53:29,001 --> 03:53:33,000 OF THE UNUSED MONEY IN THE 5275 03:53:33,001 --> 03:53:34,000 STIMULUS BILL. 5276 03:53:34,001 --> 03:53:36,000 BUT IT GETS TOUGHER AS YOU GET 5277 03:53:36,001 --> 03:53:40,000 ON DOWN THE LINE. 5278 03:53:40,001 --> 03:53:42,000 THAT'S THE FIRST THING. 5279 03:53:42,001 --> 03:53:44,000 THE SECOND THING THAT THE 5280 03:53:44,001 --> 03:53:46,000 PRESIDENT SHOULD SAY TO HIS 5281 03:53:46,001 --> 03:53:52,000 ADMINISTRATOR OF NASA, GENERAL 5282 03:53:52,001 --> 03:53:53,000 BOLDEN, IS CONVENE THE GUYS AND 5283 03:53:53,001 --> 03:53:55,000 DETERMINE THE ARCHITECTURE OF 5284 03:53:55,001 --> 03:53:57,000 HOW WE SHOULD GO ABOUT AND WHAT 5285 03:53:57,001 --> 03:54:02,000 IS THE MISSION THAT WE'RE GOING 5286 03:54:02,001 --> 03:54:03,000 TO EXPLORE. 5287 03:54:03,001 --> 03:54:05,000 MR. PRESIDENT, I CAN TELL YOU 5288 03:54:05,001 --> 03:54:06,000 THAT THIS SENATOR THINKS THAT 5289 03:54:06,001 --> 03:54:10,000 WHAT WE SHOULD EXPLORE IS THE 5290 03:54:10,001 --> 03:54:12,000 GOAL SHOULD BE TO GO TO MARS. 5291 03:54:12,001 --> 03:54:16,000 IT MAY NOT BE TO THE SURFACE OF MARS. 5292 03:54:16,001 --> 03:54:19,000 IT MAY BE TO FIRST, TO FOBOS, 5293 03:54:19,001 --> 03:54:23,000 ONE OF THE MOONS OF MARS 5294 03:54:23,001 --> 03:54:24,000 WE WOULD HAVE TO SPEND SO MUCH 5295 03:54:24,001 --> 03:54:27,000 LESS ENERGY IN GETTING DOWN TO 5296 03:54:27,001 --> 03:54:30,000 THE SURFACE OF THAT MOON BECAUSE 5297 03:54:30,001 --> 03:54:31,000 OF THE 5298 03:54:31,001 --> 03:54:34,000 INSTEAD OF GOING ALL THE 5299 03:54:34,001 --> 03:54:35,000 THE SURFACE OF MARS AND THE 5300 03:54:35,001 --> 03:54:42,000 SCIENCE THAT WE COULD GAIN FROM 5301 03:54:42,001 --> 03:54:44,000 THAT WOULD BE EXTRAORDINARY. 5302 03:54:44,001 --> 03:54:45,000 AND, THEREFORE, THE PRESIDENT'S 5303 03:54:45,001 --> 03:54:47,000 DIRECTION I WOULD HOPE NASA 5304 03:54:47,001 --> 03:54:51,000 WOULD BE, FIGURE OUT THE ARCHITECTURE. 5305 03:54:51,001 --> 03:54:53,000 DOES THAT MEAN WE'RE GOING TO 5306 03:54:53,001 --> 03:54:56,000 TAKE THE ARIES 1 AND MAKE IT 5307 03:54:56,001 --> 03:54:59,000 INTO AN ARIES 5? 5308 03:54:59,001 --> 03:55:00,000 IS THAT GOING TO BE THE HEAVY 5309 03:55:00,001 --> 03:55:01,000 UP -- 5310 03:55:01,001 --> 03:55:03,000 IS THAT GOING TO BE THE HEAVY 5311 03:55:03,001 --> 03:55:06,000 LI VEHICLE TO GET THE HARDWARE 5312 03:55:06,001 --> 03:55:09,000 UP AND TO EXPAND OUT INTO THE 5313 03:55:09,001 --> 03:55:15,000 COSMOS, IT BE TO FOBOS, BE IT TO 5314 03:55:15,001 --> 03:55:17,000 SON ASTEROID, BE IT TO A MOON? 5315 03:55:17,001 --> 03:55:19,000 THAT THE PRESIDENT WOULD GIVE 5316 03:55:19,001 --> 03:55:20,000 THAT DIRECTION, FIGURE OUT THE 5317 03:55:20,001 --> 03:55:22,000 ARCHITECTURE, AND FIGURE OUT 5318 03:55:22,001 --> 03:55:27,000 WHAT ARE THE STEPS TO THE GOAL OF GETTING TO MARS. 5319 03:55:27,001 --> 03:55:29,000 THAT WOULD BE THE SECOND THING. 5320 03:55:29,001 --> 03:55:30,000 AND THE THIRD THING THAT I WOULD 5321 03:55:30,001 --> 03:55:32,000 HOPE THAT THE PRESIDENT WOULD DO 5322 03:55:32,001 --> 03:55:36,000 IS THAT HE WOULD GIVE DIRECTION 5323 03:55:36,001 --> 03:55:40,000 TO NASA THAT SINCE NASA IS AT 5324 03:55:40,001 --> 03:55:42,000 THIS CROSSROADS AND THAT THERE'S 5325 03:55:42,001 --> 03:55:46,000 GOING TO BE DISRUPTION IN THE 5326 03:55:46,001 --> 03:55:47,000 WORK FORCE BECAUSE THERE IS NOT 5327 03:55:47,001 --> 03:55:51,000 ANOTHER MAN RATEDOCKET READY 5328 03:55:51,001 --> 03:55:53,000 AFTER THE SPACE SHUTTLE IS SHUT 5329 03:55:53,001 --> 03:55:57,000 DOWN, THEN YOU'VE GOT TO HELP 5330 03:55:57,001 --> 03:55:58,000 THE WORK FORCE, YOU'VE GOT TO 5331 03:55:58,001 --> 03:55:59,000 MOVE WORK AROUND AMONG THE NASA 5332 03:55:59,001 --> 03:56:01,000 CENTERS. 5333 03:56:01,001 --> 03:56:05,000 YOU HAVE TO BRING 5334 03:56:05,001 --> 03:56:06,000 OF RESEARCH AND DEVELOPMENT OF 5335 03:56:06,001 --> 03:56:10,000 WHICH NASA IS A GOOD EXAMPLE OF 5336 03:56:10,001 --> 03:56:11,000 AN R&D AGENCY. 5337 03:56:11,001 --> 03:56:16,000 AND IT'S THROUGH THE DIRECTION 5338 03:56:16,001 --> 03:56:18,000 OF THOSE THREE THINGS THAT I 5339 03:56:18,001 --> 03:56:20,000 THINK THAT WE CAN GET NASA OUT 5340 03:56:20,001 --> 03:56:28,000 OF THIS FIX THAT IT FINDS ITSELF 5341 03:56:28,001 --> 03:56:30,000 IN AT THIS CROSSROADS POINT. 5342 03:56:30,001 --> 03:56:34,000 GIVE THE DIRECTION, NUMBER ONE, 5343 03:56:34,001 --> 03:56:39,000 FOR THE ADDITIONAL FUNDING THAT NASA NEEDS. 5344 03:56:39,001 --> 03:56:41,000 NUMBER TWO, DIRECT NASA TO 5345 03:56:41,001 --> 03:56:42,000 PRODUCE THAT ARCHITECTURE FOR 5346 03:56:42,001 --> 03:56:44,000 EXPLORING THE HEAVENS. 5347 03:56:44,001 --> 03:56:51,000 AND, NUMBER THREE, TAKE CARE OF 5348 03:56:51,001 --> 03:56:52,000 THE WORK FORCE IN THE MEANTIME. MR. PRESIDENT, I YIELD THE 5349 03:56:52,001 --> 03:56:53,000 FLOOR, AND I SUG 5350 03:56:53,001 --> 03:56:58,000 OF A QUORUM. THE PRESIDING OFFICER: THE CLERK 5351 03:56:58,001 --> 03:59:28,000 WILL CALL THE ROLL. 5352 03:59:28,001 --> 04:08:51,000 QUORUM CALL: 5353 04:08:51,001 --> 04:08:53,000 QUORUM CALL: MR. KAUFMAN: MR. PRESIDENT? 5354 04:08:53,001 --> 04:08:55,000 THE PRESIDING OFFICER: THE 5355 04:08:55,001 --> 04:08:56,000 SENATOR DELAWARE IS 5356 04:08:56,001 --> 04:08:57,000 MR. KAUFMAN: I ASK THAT THE 5357 04:08:57,001 --> 04:08:58,000 CALL OF THE QUORUM BE DISPENSED WITH. 5358 04:08:58,001 --> 04:08:59,000 THE PRESIDING OFFICER: WITHOUT 5359 04:08:59,001 --> 04:09:00,000 OBJECTION, SO ORDERED. 5360 04:09:00,001 --> 04:09:01,000 MR. KAUFMAN: I ASK TO SPEAK AS 5361 04:09:01,001 --> 04:09:02,000 IF IN MORNING BUSINESS FOR UP TO 5362 04:09:02,001 --> 04:09:03,000 20 MINUTES. THE PRESIDING OFFICER: WITHOUT 5363 04:09:03,001 --> 04:09:04,000 OBJECTION, SO ORDERED. 5364 04:09:04,001 --> 04:09:07,000 MR. KAUFMAN: MR. PRESIDENT, I 5365 04:09:07,001 --> 04:09:09,000 RISE TODAY BECAUSE I AM DEEPLY 5366 04:09:09,001 --> 04:09:11,000 CONCERNED THAT JUST OVER ONE 5367 04:09:11,001 --> 04:09:14,000 YEAR SINCE THE COLLAPSE OF 5368 04:09:14,001 --> 04:09:16,000 LEHMAN BROTHERS, A FLURE THAT 5369 04:09:16,001 --> 04:09:17,000 HELPED SEND US TO THE BRINK OF 5370 04:09:17,001 --> 04:09:19,000 DEPRESSION, WALL STREET IS 5371 04:09:19,001 --> 04:09:21,000 ESSENTIALLY UNCHANGED. 5372 04:09:21,001 --> 04:09:23,000 CONGRESS AND THE S.E.C. HAVE NOT 5373 04:09:23,001 --> 04:09:25,000 ENACTED ANY REFORMS AND THE 5374 04:09:25,001 --> 04:09:27,000 AMERICAN PEOPLE REMAIN AT RISK 5375 04:09:27,001 --> 04:09:29,000 OF ANOTHER FINANCIAL DEBACLE. 5376 04:09:29,001 --> 04:09:33,000 NOT JUST BECAUSE THE SAME 5377 04:09:33,001 --> 04:09:35,000 PRACTICES A THAT LED TO THE 5378 04:09:35,001 --> 04:09:36,000 CRISIS MONTH AGO ARE CONTINUING 5379 04:09:36,001 --> 04:09:38,000 BUT BECAUSE OF NEW PRACTICES 5380 04:09:38,001 --> 04:09:40,000 THAT ARE LEADING TO NEW PROBLEMS 5381 04:09:40,001 --> 04:09:41,000 AND NEW SYSTEMIC RISKS. 5382 04:09:41,001 --> 04:09:43,000 LAST YEAR THE FINANCIAL WORLD 5383 04:09:43,001 --> 04:09:45,000 ALMOST CAME TO AN END. 5384 04:09:45,001 --> 04:09:48,000 AND YET MOST OF WALL STREET THEN 5385 04:09:48,001 --> 04:09:50,000 BELIEVED THAT NO GOVERNMENT 5386 04:09:50,001 --> 04:09:51,000 REVIEW OR ADDITIONAL REGULATION 5387 04:09:51,001 --> 04:09:52,000 WAS NECESSARY, RIGHT UP UNTIL 5388 04:09:52,001 --> 04:09:55,000 THE MOMENT GOVERNMENT HAD TO 5389 04:09:55,001 --> 04:09:56,000 STEP IN AND SAVE IT. 5390 04:09:56,001 --> 04:09:58,000 HAVE BEEN ASSURED THAT THE 5391 04:09:58,001 --> 04:09:59,000 SYSTEM WAS SOUND. 5392 04:09:59,001 --> 04:10:01,000 WE WERE ASSURED THAT A HOST OF 5393 04:10:01,001 --> 04:10:02,000 CHECKS AND BALANCES WERE IN 5394 04:10:02,001 --> 04:10:05,000 PLACE THAT WOULD SUFFICE. 5395 04:10:05,001 --> 04:10:06,000 WE WERE ASSURED THAT COMPANIES 5396 04:10:06,001 --> 04:10:09,000 HAVE TO REPORT THEIR FINANCIAL 5397 04:10:09,001 --> 04:10:11,000 HOLDINGS WITH FULL DISCLOSURE 5398 04:10:11,001 --> 04:10:12,000 AND TRANSPARENCY. 5399 04:10:12,001 --> 04:10:14,000 WE WERE ASSURED THAT ACCOUNTANTS 5400 04:10:14,001 --> 04:10:17,000 HAVE TO VERIFY IT. 5401 04:10:17,001 --> 04:10:19,000 WE WERE ASSURED THAT DUE 5402 04:10:19,001 --> 04:10:20,000 DILIGENCE IS CONDUCTED ON EVERY 5403 04:10:20,001 --> 04:10:22,000 DEAL AND TRANSACTION. 5404 04:10:22,001 --> 04:10:24,000 WE WERE ASSURED BOARD OF 5405 04:10:24,001 --> 04:10:26,000 DIRECTORS HAVE A FIDUCIARY DUTY 5406 04:10:26,001 --> 04:10:27,000 TO UNDERTAKE PRUDENT RISK MANAGEMENT. 5407 04:10:27,001 --> 04:10:28,000 WE WERE ASSURED MANAGEMENT WANT 5408 04:10:28,001 --> 04:10:30,000 THEIR COMPANIES TO THRIVE OVER 5409 04:10:30,001 --> 04:10:31,000 THE LONG-TERM. 5410 04:10:31,001 --> 04:10:33,000 AND MOST IMPORTANTLY, WE WERE 5411 04:10:33,001 --> 04:10:35,000 ASSURED REGULATORY BODIES AND 5412 04:10:35,001 --> 04:10:37,000 LAW ENFORCEMENT AGENCIES ARE IN 5413 04:10:37,001 --> 04:10:38,000 PLACE TO POLICE THE SYSTEM. 5414 04:10:38,001 --> 04:10:40,000 BUT THOSE SAFEGUARDS DID NOT 5415 04:10:40,001 --> 04:10:42,000 PREVENT US FROM DISASTER BECAUSE 5416 04:10:42,001 --> 04:10:44,000 IN THE PAST TEN YEARS OR MORE, 5417 04:10:44,001 --> 04:10:46,000 ONE OF THE MOST IMPORTANT 5418 04:10:46,001 --> 04:10:48,000 SAFEGUARDS, ONE OF THE VERY MOST 5419 04:10:48,001 --> 04:10:49,000 IMPORTANT SAFEGUARDS, THE 5420 04:10:49,001 --> 04:10:52,000 REGULATORS HAD SIMPLY GIVEN UP 5421 04:10:52,001 --> 04:10:54,000 ON THE IMPORTANCE OF REGULATION. 5422 04:10:54,001 --> 04:10:55,000 WE BELIEVED -- THEY BELIEVED -- 5423 04:10:55,001 --> 04:10:57,000 THAT MARKETS COULD POLICE 5424 04:10:57,001 --> 04:10:59,000 THEMSELVES. 5425 04:10:59,001 --> 04:11:01,000 THAT THEY WOULD SELF-REGULATE 5426 04:11:01,001 --> 04:11:04,000 AND SO, IN EFFECT, WE PULLED THE 5427 04:11:04,001 --> 04:11:06,000 REGULATORS OFF THE FIELD. 5428 04:11:06,001 --> 04:11:07,000 WE NOW KNOW THE CONFLUENCE OF 5429 04:11:07,001 --> 04:11:08,000 EVENTS THAT LED TO THE DISASTER 5430 04:11:08,001 --> 04:11:09,000 AND THERE'S BLAME ENOUGH TO GO 5431 04:11:09,001 --> 04:11:12,000 AROUND. 5432 04:11:12,001 --> 04:11:14,000 WE FAILED TO REGULATE THE 5433 04:11:14,001 --> 04:11:15,000 DERIVATIVE 5434 04:11:15,001 --> 04:11:16,000 GOVERNMENT-BACKED AGENCIES LIKE 5435 04:11:16,001 --> 04:11:18,000 FANNIE MAE AND FREDDIE MAC 5436 04:11:18,001 --> 04:11:19,000 PUSHED TO MAKE HOUSING 5437 04:11:19,001 --> 04:11:22,000 AFFORDABLE FOR GREATER NUMBERS 5438 04:11:22,001 --> 04:11:23,000 OF PEOPLE, AND UNSCRUPULOUS 5439 04:11:23,001 --> 04:11:26,000 MORTGAGE BROKERS PUSHED SUBPRIME 5440 04:11:26,001 --> 04:11:28,000 MORTGAGES AT EVERY OPPORTUNITY, 5441 04:11:28,001 --> 04:11:29,000 INVESTMENT BANKERS POOLED AND 5442 04:11:29,001 --> 04:11:30,000 SECURITIZED THOSE SUBPRIME 5443 04:11:30,001 --> 04:11:33,000 MORTGAGES BY THE TRILLIONS OF 5444 04:11:33,001 --> 04:11:34,000 DOLLARS AND SOLD THEM LIKE HOT 5445 04:11:34,001 --> 04:11:35,000 CAKES. 5446 04:11:35,001 --> 04:11:38,000 RATING AGENCIES LEFT UNMONITORED 5447 04:11:38,001 --> 04:11:39,000 BY THE S.E.C., INCREDIBLY 5448 04:11:39,001 --> 04:11:41,000 STAMPED THESE POOLS WITH 5449 04:11:41,001 --> 04:11:43,000 TRIPLE-A RATINGS. 5450 04:11:43,001 --> 04:11:45,000 THE S.E.C., WHICH CHANGED THE 5451 04:11:45,001 --> 04:11:49,000 CAPITAL TO LEVERAGE RATIO FOR 5452 04:11:49,001 --> 04:11:52,000 INVESTMENT BANKS FROM 30 AND 50 5453 04:11:52,001 --> 04:11:56,000 TO 1 ALLOWED THESE BANKS TO BUY 5454 04:11:56,001 --> 04:11:59,000 UP HUGE POOLS OF THESE 5455 04:11:59,001 --> 04:12:02,000 SOON-TO-BE-TOXIC ASSETS AND 5456 04:12:02,001 --> 04:12:03,000 INVESTMENT BANKS WROTE CREDIT 5457 04:12:03,001 --> 04:12:05,000 DEFAULT SWAPS AND THEN HEDGE THE 5458 04:12:05,001 --> 04:12:06,000 THEM WITHOUT ANY CENTRAL 5459 04:12:06,001 --> 04:12:07,000 CLEARINGHOUSE, WITHOUT ANY 5460 04:12:07,001 --> 04:12:10,000 UNDERSTANDING OF WHO WAS WRITING 5461 04:12:10,001 --> 04:12:13,000 HOW MUCH OR WHAT IT ALL MEANT. 5462 04:12:13,001 --> 04:12:14,000 ALL THIS INCREDIBLY TO BELIE 5463 04:12:14,001 --> 04:12:16,000 WITHOUT ANY REGULATION OR 5464 04:12:16,001 --> 04:12:19,000 OVERSIGHT. 5465 04:12:19,001 --> 04:12:20,000 SO AS THIS CHART SO 5466 04:12:20,001 --> 04:12:23,000 STRAIGHTFORWARDLY CONVEYING, 5467 04:12:23,001 --> 04:12:24,000 BANKS WERE INVOLVED IN 5468 04:12:24,001 --> 04:12:27,000 HIGH-RISK, HIGH-RETURN 5469 04:12:27,001 --> 04:12:28,000 INVESTMENTS THAT WERE LARGELY UNREGULATORRED. 5470 04:12:28,001 --> 04:12:30,000 THEN CRASH. 5471 04:12:30,001 --> 04:12:34,000 THE HOUSING BUBBLE BURST AND 5472 04:12:34,001 --> 04:12:36,000 PROPORTIONS STRUCK. 5473 04:12:36,001 --> 04:12:38,000 AMERICANS LOST $20 TRILLION IN 5474 04:12:38,001 --> 04:12:40,000 HOUSING AND EQUITY VALUE DURING 5475 04:12:40,001 --> 04:12:42,000 THE ENSUING FINANCIAL MELTDOWN. 5476 04:12:42,001 --> 04:12:45,000 THE ECONOMY LUNCHED INTO FREE 5477 04:12:45,001 --> 04:12:46,000 FALL AND GROSS DOMESTIC PRODUCT 5478 04:12:46,001 --> 04:12:48,000 SLUNG BY A PERCENTAGE NOT SEEN 5479 04:12:48,001 --> 04:12:51,000 SINCE THE 1950'S. 5480 04:12:51,001 --> 04:12:53,000 WHAT HAPPENED NEXT? 5481 04:12:53,001 --> 04:12:54,000 THE AMERICAN TAXPAYER, THE DEEP 5482 04:12:54,001 --> 04:12:56,000 POCKET AND LENDER OF LAST 5483 04:12:56,001 --> 04:12:57,000 RESORT, HAD TO RIDE TO THE 5484 04:12:57,001 --> 04:12:59,000 RESCUE. 5485 04:12:59,001 --> 04:13:00,000 MR. PRESIDENT, WE CAN BARELY 5486 04:13:00,001 --> 04:13:02,000 EVEN COUNT THE TRILLIONS OF 5487 04:13:02,001 --> 04:13:03,000 DOLLARS OF TAXPAYER MONEY THAT 5488 04:13:03,001 --> 04:13:06,000 HAVE GONE INTO BAILING OUT THE 5489 04:13:06,001 --> 04:13:07,000 BANKS, BAILING OUT A.I. G.I., 5490 04:13:07,001 --> 04:13:09,000 BAILING OUT A NUMBER OF 5491 04:13:09,001 --> 04:13:11,000 FINANCIAL INSTITUTIONS, AND 5492 04:13:11,001 --> 04:13:13,000 THAT'S NOT INCLUDING THE 5493 04:13:13,001 --> 04:13:15,000 BILLIONS OF TAXPAYERS' WE'VE HAD 5494 04:13:15,001 --> 04:13:16,000 TO SPEND TO STIMULATE THE 5495 04:13:16,001 --> 04:13:20,000 ECONOMY. 5496 04:13:20,001 --> 04:13:23,000 MR. PRESIDENT, WE MUST NEVER LET 5497 04:13:23,001 --> 04:13:25,000 THIS HAPPEN AGAIN. 5498 04:13:25,001 --> 04:13:27,000 YET HERE WE ARE ONE YEAR LATER 5499 04:13:27,001 --> 04:13:30,000 WITH NO IMMEDIATE CRISIS AT HAND. 5500 04:13:30,001 --> 04:13:32,000 WE ARE FALLING BACK INTO COMPLACENCY. 5501 04:13:32,001 --> 04:13:33,000 THE CREDIT DEFAULT SWAP MARKET 5502 04:13:33,001 --> 04:13:35,000 REMAINS UNREGULATED. 5503 04:13:35,001 --> 04:13:36,000 THE CREDIT RATING AGENCIES HAVE 5504 04:13:36,001 --> 04:13:39,000 NOT YET BEEN REFORMED. 5505 04:13:39,001 --> 04:13:40,000 THE BANKS ARE BACK TO THEIR OLD 5506 04:13:40,001 --> 04:13:42,000 HABITS, PAYING OUT BILLIONS OF 5507 04:13:42,001 --> 04:13:44,000 DOLLARS IN BONUSES FOR EMPLOYEES 5508 04:13:44,001 --> 04:13:47,000 WHO ARE STILL ENGAGED IN 5509 04:13:47,001 --> 04:13:48,000 HIGH-RISK, HIGH-REWARD 5510 04:13:48,001 --> 04:13:50,000 PRACTICES. 5511 04:13:50,001 --> 04:13:53,000 WHAT IS THE GREAT LESSON WE 5512 04:13:53,001 --> 04:13:56,000 SHOULD HAVE LEARNED FROM THE 5513 04:13:56,001 --> 04:13:58,000 FINANCIAL DISASTER OF 2008? 5514 04:13:58,001 --> 04:13:59,000 WHEN MARKETS DEVELOP RAPIDLY AND 5515 04:13:59,001 --> 04:14:00,000 CHANGE DRAMATICALLY, WHEN THEY 5516 04:14:00,001 --> 04:14:02,000 ARE NOT REGULATED AND WHEN THEY 5517 04:14:02,001 --> 04:14:07,000 ARE NOT FULLY TRANSPARENT, IT 5518 04:14:07,001 --> 04:14:09,000 CAN LEAD TO FINANCIAL DISASTER. 5519 04:14:09,001 --> 04:14:12,000 THAT IS WHAT HAPPED IN T 5520 04:14:12,001 --> 04:14:14,000 CREDIT DEFAULT SWAP DISASTER. 5521 04:14:14,001 --> 04:14:18,000 RAPID AND DRAMATIC MARKET 5522 04:14:18,001 --> 04:14:23,000 CHANGE, NO REGULATION, OPAQU 5523 04:14:23,001 --> 04:14:25,000 OPAQUENESS, DISASTER. 5524 04:14:25,001 --> 04:14:26,000 MR. PRESIDENT, THIS SHOULD NEVER 5525 04:14:26,001 --> 04:14:27,000 HAPPEN AGAIN. 5526 04:14:27,001 --> 04:14:28,000 SO LOOFORWARD TO WORKING WITH 5527 04:14:28,001 --> 04:14:30,000 MY COLLEAGUES TO REGULATE THE 5528 04:14:30,001 --> 04:14:32,000 DERIVATIVES MARKET, TO ENSURE 5529 04:14:32,001 --> 04:14:33,000 THAT CREDIT DEFAULT SWAPS ARE 5530 04:14:33,001 --> 04:14:35,000 TRADED ON AN EXCHANGE OR AT 5531 04:14:35,001 --> 04:14:36,000 LEAST CLEARED THROUGH A CENTRAL 5532 04:14:36,001 --> 04:14:38,000 CLEARINGHOUSE WITH APPROPRIATE 5533 04:14:38,001 --> 04:14:40,000 SAFEGUARDS ENFORCED, 5534 04:14:40,001 --> 04:14:44,000 ENACT MEANINGFUL 5535 04:14:44,001 --> 04:14:45,000 REGULATORY REFORM. 5536 04:14:45,001 --> 04:14:48,000 MR. PRESIDENT, AT THE SAME TIME, 5537 04:14:48,001 --> 04:14:52,000 WEEED TO BE LOOKING CAREFULLY 5538 04:14:52,001 --> 04:14:56,000 TO SEE IF THESE THREE DEADLY 5539 04:14:56,001 --> 04:14:58,000 INGREDIENTS -- RAPID 5540 04:14:58,001 --> 04:15:00,000 TECHNOLOGICAL GROWTH, LACK OF 5541 04:15:00,001 --> 04:15:01,000 TRANSPARENCY AND A LACK OF 5542 04:15:01,001 --> 04:15:03,000 REGULATION -- ARE APPEARING 5543 04:15:03,001 --> 04:15:04,000 AGAIN IN OTHER MARKETS. 5544 04:15:04,001 --> 04:15:07,000 MR. PRESIDENT, THERE IS NO 5545 04:15:07,001 --> 04:15:11,000 QUESTION IN MY MIND THAT IN 5546 04:15:11,001 --> 04:15:14,000 TODAY'S STOCK MARKETS THOSE 5547 04:15:14,001 --> 04:15:16,000 THREE DISASTROUS INGREDIENTS DO EXIST. 5548 04:15:16,001 --> 04:15:17,000 DUE TO RAPID TECHNOLOGICAL 5549 04:15:17,001 --> 04:15:19,000 ADVANCES AND COMPUTERIZED 5550 04:15:19,001 --> 04:15:21,000 TRADING, THE STOCK MARKETS HAVE 5551 04:15:21,001 --> 04:15:24,000 CHANGED DRAMATICALLY IN RECENT YEARS. 5552 04:15:24,001 --> 04:15:26,000 THEY HAV BECOME SO HIGHLY 5553 04:15:26,001 --> 04:15:29,000 FRAGMENTED THAT THOREAU BAKE, 5554 04:15:29,001 --> 04:15:31,000 BEYOND THE SCOPE OF EFFECTIVE 5555 04:15:31,001 --> 04:15:32,000 SURVEILLANCE AND OUR REGULATORS 5556 04:15:32,001 --> 04:15:34,000 HAVE FAILE TO KEEP PACE. 5557 04:15:34,001 --> 04:15:35,000 THE FACTS SPEAK FOR THEMSELVES. 5558 04:15:35,001 --> 04:15:37,000 WE HAVE GONE FROM AN ERA 5559 04:15:37,001 --> 04:15:38,000 DOMINATED BY A DUOPOLY OF THE 5560 04:15:38,001 --> 04:15:40,000 NEW YORK STOCK EXCHANGE AND 5561 04:15:40,001 --> 04:15:44,000 NASDAQ TO A HIGHLY FRAGMENTED 5562 04:15:44,001 --> 04:15:45,000 MARKET OF MORE THAN 60 TRADING 5563 04:15:45,001 --> 04:15:47,000 CENTERS. 5564 04:15:47,001 --> 04:15:48,000 DARK POOLS WHICH ALLOW 5565 04:15:48,001 --> 04:15:50,000 CONFIDENTIAL TRADING AWAY FROM 5566 04:15:50,001 --> 04:15:54,000 THE PUBLIC EYE HAVE FLOURISHED, 5567 04:15:54,001 --> 04:15:56,000 GROWING FROM 1.5% TO 12%F 5568 04:15:56,001 --> 04:15:57,000 MARKET TRADES IN UNDER FIVE 5569 04:15:57,001 --> 04:15:59,000 YEARS. 5570 04:15:59,001 --> 04:16:02,000 COMPETITION FOR ORDERS IS 5571 04:16:02,001 --> 04:16:03,000 INTENSE AND INCREASINGLY 5572 04:16:03,001 --> 04:16:06,000 PROBLEMATIC. 5573 04:16:06,001 --> 04:16:08,000 FLASH 5574 04:16:08,001 --> 04:16:10,000 DIRECT ACCESS GRANTED TO HEDGE 5575 04:16:10,001 --> 04:16:11,000 FUNDS BY THE EXCHANGES, DARK 5576 04:16:11,001 --> 04:16:13,000 POOLS, INDICATIONS OF INTEREST, 5577 04:16:13,001 --> 04:16:18,000 AND PAYMENT FOR ORDER FLOW ARE 5578 04:16:18,001 --> 04:16:21,000 EACH A CONSEQUENCE OF THOSE 60 5579 04:16:21,001 --> 04:16:22,000 CENTERS ALL COMPETING FOR MARKET 5580 04:16:22,001 --> 04:16:24,000 SHARE. 5581 04:16:24,001 --> 04:16:26,000 MOREOVER, IF JUST A FEW SHORT 5582 04:16:26,001 --> 04:16:27,000 YEARS, HIGH FREQUENCY TRADING 5583 04:16:27,001 --> 04:16:29,000 WHICH FEEDS EVERYWHERE ON A 5584 04:16:29,001 --> 04:16:30,000 SMALL PRICE DIFFERENCE AND MANY 5585 04:16:30,001 --> 04:16:33,000 FRAGMENTED TRADING VOLUMES HAS 5586 04:16:33,001 --> 04:16:35,000 SKYROCKETED FROM 30% TO 70% IN DAILY VOLUME. 5587 04:16:35,001 --> 04:16:37,000 INDEED, THE CHIEF EXECUTIVE OF 5588 04:16:37,001 --> 04:16:38,000 ONE OF THE COUNTRY'S BIGGEST 5589 04:16:38,001 --> 04:16:39,000 BLOCK TRADING DARK POOLS WAS 5590 04:16:39,001 --> 04:16:43,000 QUOTED TWO WEEKS AGO AS SAYING 5591 04:16:43,001 --> 04:16:47,000 THAT THE AMOUNT OF MONEY DEVOTED 5592 04:16:47,001 --> 04:16:49,000 TO HIGH FREQUENCY TRADING COULD 5593 04:16:49,001 --> 04:16:51,000 QUINTUPLE BETWEEN THIS YEAR AND THE NEXT. 5594 04:16:51,001 --> 04:16:53,000 LET'S PUT THAT LAST CHART UP 5595 04:16:53,001 --> 04:16:55,000 AGAIN FOR A SECOND. 5596 04:16:55,001 --> 04:16:58,000 AGAIN, WE LEARNED THAT IF YOU 5597 04:16:58,001 --> 04:17:00,000 HAVE RAPID AND DRAMATIC CHANGE, 5598 04:17:00,001 --> 04:17:03,000 OPAQUENESS, AND NO EFFECTIVE REGULATION, WHICH IS EXACTLY 5599 04:17:03,001 --> 04:17:04,000 WHAT EXISTS TODAY IN THE HIGH 5600 04:17:04,001 --> 04:17:06,000 FREQUENCY TRADING MARKETS, WE 5601 04:17:06,001 --> 04:17:08,000 HAVE HAD DISASTER IN THE PAST. 5602 04:17:08,001 --> 04:17:13,000 WE SHOULD LOOK AT THIS IN TERMS 5603 04:17:13,001 --> 04:17:14,000 MR. PRESIDENT, WE HAVE NO 5604 04:17:14,001 --> 04:17:15,000 EFFECTIVE REGULATION IN THESE 5605 04:17:15,001 --> 04:17:20,000 MARKETS. 5606 04:17:20,001 --> 04:17:23,000 LAST WEEK, RICK KETCHUM, THE 5607 04:17:23,001 --> 04:17:26,000 CHAIRMAN AND C.E.O. OF FINANCIAL 5608 04:17:26,001 --> 04:17:27,000 INDUSTRY REGULATORY AUTHORITY 5609 04:17:27,001 --> 04:17:28,000 CAVE A VERY THOUGHTFUL AND 5610 04:17:28,001 --> 04:17:31,000 CANDID SPEECH WHICH I APPLAUD. 5611 04:17:31,001 --> 04:17:34,000 IN IT, MR. KETCHUM ADMITTED THAT 5612 04:17:34,001 --> 04:17:35,000 WE HAVE INADEQUATE REGULATORY 5613 04:17:35,001 --> 04:17:37,000 MARKET SURVEILLANCE. 5614 04:17:37,001 --> 04:17:41,000 HIS CANDOR WAS REFRESHING BUT 5615 04:17:41,001 --> 04:17:42,000 ALSO OMINOUS, AND I QUOTE -- 5616 04:17:42,001 --> 04:17:46,000 "THERE IS MUCHORE TO BE DONE 5617 04:17:46,001 --> 04:17:48,000 IN THE AREAS OF FRONT RUNNING, 5618 04:17:48,001 --> 04:17:49,000 MANIPULATION, ABUSIVE SHORT 5619 04:17:49,001 --> 04:17:50,000 SELLING, AND JUST HAVING A 5620 04:17:50,001 --> 04:17:54,000 BETTER UNDERSTANDING OF WHO IS 5621 04:17:54,001 --> 04:17:56,000 MOVING THE MARKETS AND WHY." 5622 04:17:56,001 --> 04:17:59,000 MR. KETCHUM WENT ON TO SAY, AND 5623 04:17:59,001 --> 04:18:00,000 I QUOTE -- "THERE ARE 5624 04:18:00,001 --> 04:18:01,000 IMPEDIMENTS TO REGULATORY 5625 04:18:01,001 --> 04:18:03,000 EFFECTIVENESS THAT ARE NOT 5626 04:18:03,001 --> 04:18:04,000 UNDERSTOOD AND POTENTIALLY 5627 04:18:04,001 --> 04:18:05,000 DAMAGING TO THE INTEGRITY OF THE 5628 04:18:05,001 --> 04:18:06,000 MARKETS. 5629 04:18:06,001 --> 04:18:08,000 THE DECLINE OF THE PRIMARY 5630 04:18:08,001 --> 04:18:10,000 MARKET CONCEPT WHERE THERE WAS A 5631 04:18:10,001 --> 04:18:13,000 SINGLE PRICE DISCOVERY MARKET, 5632 04:18:13,001 --> 04:18:15,000 THIS ON-SITE REGULATOR SAW 90% 5633 04:18:15,001 --> 04:18:18,000 OF THE 5634 04:18:18,001 --> 04:18:19,000 OBVIOUS TO BECOME REALITY. 5635 04:18:19,001 --> 04:18:21,000 IN ITS PLACE IS NOW TWO OR 5636 04:18:21,001 --> 04:18:23,000 THREE, MAYBE FOUR REGULATORS ALL 5637 04:18:23,001 --> 04:18:24,000 LOOKING AT AN INCOMPLETE PICTURE 5638 04:18:24,001 --> 04:18:27,000 OF THE MARKET." 5639 04:18:27,001 --> 04:18:28,000 AND THIS IS IMPORTANT -- "AND 5640 04:18:28,001 --> 04:18:31,000 KNOWING FULL WELL THAT THIS 5641 04:18:31,001 --> 04:18:32,000 FRACTURED APPROACH DOES NOT 5642 04:18:32,001 --> 04:18:33,000 WORK." 5643 04:18:33,001 --> 04:18:34,000 MR. PRESIDENT, AT THE SAME TIME 5644 04:18:34,001 --> 04:18:36,000 THAT WE HAVE NO EFFECTIVE 5645 04:18:36,001 --> 04:18:38,000 REGULATORY SURVEILLA 5646 04:18:38,001 --> 04:18:41,000 ALSO LEARNED ABOUT POTENTIAL 5647 04:18:41,001 --> 04:18:44,000 MANIPULATION BY HIGH TRADERS. 5648 04:18:44,001 --> 04:18:45,000 LAST WEEK, THE SENATE BANKING 5649 04:18:45,001 --> 04:18:46,000 SUBCOMMITTEE FOR SECURITIES, 5650 04:18:46,001 --> 04:18:48,000 INSURANCE, AND INVESTMENT HELD A 5651 04:18:48,001 --> 04:18:49,000 HEARING ON A WIDE RANGE OF 5652 04:18:49,001 --> 04:18:54,000 IMPORTANT MARKET STRUCTURE ISSUES. 5653 04:18:54,001 --> 04:18:56,000 AT THE HEARING, MR. JAMES 5654 04:18:56,001 --> 04:18:57,000 BIGALANO, CO-ACTING DIRECTOR OF 5655 04:18:57,001 --> 04:18:58,000 THE DIVISION OF TRADING AND 5656 04:18:58,001 --> 04:19:00,000 MARKETS, TESTIFIED THAT THE 5657 04:19:00,001 --> 04:19:02,000 COMMISSION INTENDS TO DO A DEEP 5658 04:19:02,001 --> 04:19:05,000 DIVE INTO HIGH FREQUENCY TRADING 5659 04:19:05,001 --> 04:19:07,000 ISSUES DUE TO CONCERNS THAT SOME 5660 04:19:07,001 --> 04:19:10,000 HIGH FREQUENCY PROGRAMS MAY 5661 04:19:10,001 --> 04:19:11,000 ENABLE POSSIBLE FRONTRUNNING AND 5662 04:19:11,001 --> 04:19:15,000 MANIPULATION. 5663 04:19:15,001 --> 04:19:17,000 DUE TO CONCERNS THAT SOME HIGH 5664 04:19:17,001 --> 04:19:20,000 FREQUENCY PROGRAMS MAY ENABLE 5665 04:19:20,001 --> 04:19:23,000 POSSIBLE FRONTRUNNING 5666 04:19:23,001 --> 04:19:24,000 MANIPULATION. MR. BIGANO'S TESTIMONY ABOUT 5667 04:19:24,001 --> 04:19:26,000 HIS CONCERNS WERE TROUBLING, AND 5668 04:19:26,001 --> 04:19:27,000 I QUOTE -- "IF THERE ARE TRADERS 5669 04:19:27,001 --> 04:19:29,000 TAKING POSITION AND THEN 5670 04:19:29,001 --> 04:19:30,000 GENERATING MOMENTUM TO HIGH 5671 04:19:30,001 --> 04:19:31,000 FREQUENCY TRADING THAT WOULD 5672 04:19:31,001 --> 04:19:33,000 BENEFIT THOSE POSITIONS, THAT 5673 04:19:33,001 --> 04:19:35,000 COULD BE MANIPULATION WHICH 5674 04:19:35,001 --> 04:19:38,000 WOULD CONCERN US. 5675 04:19:38,001 --> 04:19:41,000 IF THERE WAS MOMENTUM 5676 04:19:41,001 --> 04:19:44,000 DESIGN OR THAT ACTUALLY 5677 04:19:44,001 --> 04:19:45,000 EXACERBATED INTRADAY VOLATILITY, 5678 04:19:45,001 --> 04:19:47,000 THAT MIGHT CONCERN BECAUSE IT 5679 04:19:47,001 --> 04:19:48,000 WOULD CAUSE INVESTORS TO GET A 5680 04:19:48,001 --> 04:19:50,000 WORSE PRICE. 5681 04:19:50,001 --> 04:19:53,000 AND THE OTHER ITEM I MENTIONED 5682 04:19:53,001 --> 04:19:55,000 WAS THAT IF THERE WERE LIQUIDITY 5683 04:19:55,001 --> 04:19:57,000 DETECTION STRATEGIES THAT 5684 04:19:57,001 --> 04:19:58,000 ENABLED HIGH FREQUENCY TRADERS 5685 04:19:58,001 --> 04:20:00,000 TO FRONT RUN PENSION FUNDS AND 5686 04:20:00,001 --> 04:20:03,000 MUTUAL FUNDS, THAT ALSO WOULD 5687 04:20:03,001 --> 04:20:05,000 CONCERN US," END QUOTE. 5688 04:20:05,001 --> 04:20:07,000 REINFORCING THE CASE FOR QUICK 5689 04:20:07,001 --> 04:20:08,000 ACTION, SEVERAL PANELISTS 5690 04:20:08,001 --> 04:20:10,000 ACKNOWLEDGED THAT IT IS A DAILY 5691 04:20:10,001 --> 04:20:12,000 OCCURRENCE FOR DARK POOLS TO 5692 04:20:12,001 --> 04:20:13,000 EXCLUDE CERTAIN POSSIBLE HIGH 5693 04:20:13,001 --> 04:20:15,000 FREQUENCY MANIPULATORS. 5694 04:20:15,001 --> 04:20:17,000 FOR EXAMPLE, ROBERT GLASSER, 5695 04:20:17,001 --> 04:20:18,000 PRESIDENT AND C.E.O. OF 5696 04:20:18,001 --> 04:20:20,000 INVESTMENT TECHNOLOGY GROUP, 5697 04:20:20,001 --> 04:20:22,000 ASSERTED THAT SURVEILLANCE IS A 5698 04:20:22,001 --> 04:20:24,000 -- QUOTE -- BIG CHALLENGE, 5699 04:20:24,001 --> 04:20:26,000 UNQUOTE, AND THAT IMPROVING 5700 04:20:26,001 --> 04:20:27,000 MARKET SURVEILLANCE MUST BE A 5701 04:20:27,001 --> 04:20:29,000 REGULATORY PRIORITY. 5702 04:20:29,001 --> 04:20:32,000 AND I QUOTE, HE SAID -- "I CAN 5703 04:20:32,001 --> 04:20:34,000 TELL YOU THAT THERE ARE SOME 5704 04:20:34,001 --> 04:20:36,000 FRICTIONAL TRADES GOING ON OUT 5705 04:20:36,001 --> 04:20:37,000 THERE THAT CLEARLY LOOK AS IF 5706 04:20:37,001 --> 04:20:40,000 THEY ARE TESTING THE BOUNDARIES 5707 04:20:40,001 --> 04:20:42,000 OF LIQUIDITY PROVISIONS VERSUS 5708 04:20:42,001 --> 04:20:43,000 MARKET MANIPULATION." 5709 04:20:43,001 --> 04:20:45,000 UNQUOTE. 5710 04:20:45,001 --> 04:20:46,000 BUT NONE OF THE MANILAISTS WHEN 5711 04:20:46,001 --> 04:20:49,000 ASKED FELT RESPONSIBLE TO REPORT 5712 04:20:49,001 --> 04:20:51,000 ANY OF THEIR SUSPICIONS OF 5713 04:20:51,001 --> 04:20:52,000 MANIPULATIVE ACTIVITY TO THE 5714 04:20:52,001 --> 04:20:53,000 S.E.C., THE SECURITIES AND 5715 04:20:53,001 --> 04:20:55,000 EXCHANGE COMMISSION. 5716 04:20:55,001 --> 04:20:56,000 THAT IS UP TO THE REGULATORS AND 5717 04:20:56,001 --> 04:20:57,000 THE SURVEILLANCE TO STOP, THEY 5718 04:20:57,001 --> 04:20:59,000 BELIEVE. 5719 04:20:59,001 --> 04:21:01,000 FINALLY, AT THE END OF THE 5720 04:21:01,001 --> 04:21:02,000 HEARING, SUBCOMMITTEE CHAIRMAN 5721 04:21:02,001 --> 04:21:04,000 REID ASKED ABOUT THE REPORTED 5722 04:21:04,001 --> 04:21:08,000 ARRESTS OF A GOLDMAN SACHS 5723 04:21:08,001 --> 04:21:11,000 EMPLOYEE WHO ALLEGEDLY STOLE 5724 04:21:11,001 --> 04:21:13,000 CODE FROM GOLDMAN USED FOR THEIR 5725 04:21:13,001 --> 04:21:15,000 HIGH FREQUENCY TRADING PROGRAMS. 5726 04:21:15,001 --> 04:21:17,000 A FEDERAL PROSECUTOR ARGUING 5727 04:21:17,001 --> 04:21:18,000 THAT THE JUDGE SET A HIGH BAIL 5728 04:21:18,001 --> 04:21:19,000 SAID HE HAD BEEN TOLD THAT WITH 5729 04:21:19,001 --> 04:21:21,000 THIS SOFTWARE THERE WAS A DANGER 5730 04:21:21,001 --> 04:21:23,000 THAT A KNOWLEDGEABLE PERSON 5731 04:21:23,001 --> 04:21:24,000 COULD MANIPULATE THE MARKETS IN 5732 04:21:24,001 --> 04:21:26,000 UNFAIR WAYS. 5733 04:21:26,001 --> 04:21:28,000 THE S.E.C. HAS SAID IT INTENDS 5734 04:21:28,001 --> 04:21:30,000 TO ISSUE A CONCEPT RELEASE TO 5735 04:21:30,001 --> 04:21:31,000 LAUNCH A STUDY OF HIGH FREQUENCY 5736 04:21:31,001 --> 04:21:32,000 TRADING. 5737 04:21:32,001 --> 04:21:33,000 ACCORDING TO NEWS REPORTS, THIS 5738 04:21:33,001 --> 04:21:35,000 WILL HAPPEN NEXT YEAR. 5739 04:21:35,001 --> 04:21:36,000 MR. PRESIDENT, I DO NOT BELIEVE 5740 04:21:36,001 --> 04:21:39,000 NEXT YEAR IS SOON ENOUGH. 5741 04:21:39,001 --> 04:21:42,000 WE NEED THE S.E.C. TO BEGIN ITS STUDY IMMEDIATELY. 5742 04:21:42,001 --> 04:21:44,000 WHERE IS THE SENSE OF URGEN 5743 04:21:44,001 --> 04:21:45,000 MR. PRESIDENT, OUR STOCK MARKETS 5744 04:21:45,001 --> 04:21:48,000 ARE ALSO OPAQUE. 5745 04:21:48,001 --> 04:21:49,000 AGAIN I REFER TO CHAIRMAN 5746 04:21:49,001 --> 04:21:51,000 KETCHUM'S SPEECH, AND I QUOTE -- 5747 04:21:51,001 --> 04:21:52,000 "THERE ARE IMPEDIMENTS TO 5748 04:21:52,001 --> 04:21:54,000 REGULATORY EFFECTIVENESS THAT 5749 04:21:54,001 --> 04:21:56,000 ARE NOT TERRIBLY WELL UNDERSTOOD 5750 04:21:56,001 --> 04:21:57,000 AND POTENTIALLY DAMAGING FOR THE 5751 04:21:57,001 --> 04:21:59,000 INTEGRITY OF THE MARKETS." 5752 04:21:59,001 --> 04:22:01,000 HE WENT ON TO SAY, AND I 5753 04:22:01,001 --> 04:22:02,000 QUOTE -- "WE NEED MORE 5754 04:22:02,001 --> 04:22:03,000 INFORMATION ON THE ENTITIES TO 5755 04:22:03,001 --> 04:22:05,000 MOVE MARKETS, THE HIGH FREQUENCY 5756 04:22:05,001 --> 04:22:06,000 TRADERS AND THE HEDGE FUNDS THAT 5757 04:22:06,001 --> 04:22:08,000 ARE NOT REGISTERED. 5758 04:22:08,001 --> 04:22:10,000 RIGHT NOW, WE ARE LOOKING 5759 04:22:10,001 --> 04:22:11,000 THROUGH A TRANSLUCENT VEIL AND 5760 04:22:11,001 --> 04:22:14,000 ONLY SEEING THE REGISTERED 5761 04:22:14,001 --> 04:22:16,000 FIRMS, AND THAT DWIFS US AN -- 5762 04:22:16,001 --> 04:22:18,000 GIVES US AN INCOMPLETE IF NOT 5763 04:22:18,001 --> 04:22:19,000 INACCURATE PICTURE OF THE 5764 04:22:19,001 --> 04:22:20,000 MARKETS." 5765 04:22:20,001 --> 04:22:22,000 SENATOR SCHUMER ECHOED THE THEME 5766 04:22:22,001 --> 04:22:24,000 AT LAST WEEK'S HEARING, AND HE 5767 04:22:24,001 --> 04:22:26,000 SAID, AND I QUOTE -- "MARKET 5768 04:22:26,001 --> 04:22:28,000 SURVEILLANCE SHOULD BE 5769 04:22:28,001 --> 04:22:29,000 CONSOLIDATED ACROSS ALL TRADING 5770 04:22:29,001 --> 04:22:31,000 VENUES TO ELIMINATE THE 5771 04:22:31,001 --> 04:22:33,000 INFORMATION GAPS AND 5772 04:22:33,001 --> 04:22:36,000 COORDINATION PROBLEMS THAT 5773 04:22:36,001 --> 04:22:38,000 MARKET SURVEILLANCE ACROSS ALL 5774 04:22:38,001 --> 04:22:40,000 MARKETS VIRTUALLY IMPOSSIBLE TODAY." 5775 04:22:40,001 --> 04:22:42,000 LET ME REPEAT." 5776 04:22:42,001 --> 04:22:44,000 MARKET SURILLANCE ACROSS ALL 5777 04:22:44,001 --> 04:22:45,000 MARKETS IS, QUOTE, VIRTUALLY 5778 04:22:45,001 --> 04:22:47,000 IMPOSSIBLE TODAY. 5779 04:22:47,001 --> 04:22:48,000 "I TOTALLY AGREE WITH THAT. 5780 04:22:48,001 --> 04:22:49,000 AND NONE OF THE INDUSTRY 5781 04:22:49,001 --> 04:22:50,000 WITNESSES DISAGREED WITH SENATOR 5782 04:22:50,001 --> 04:22:54,000 SCHUMER. 5783 04:22:54,001 --> 04:22:56,000 THAT IS WHY THE S.E.C. MUST NOT 5784 04:22:56,001 --> 04:22:58,000 LET MONTHS GO BY WITHOUT TAKING MEANINGFUL ACTION. 5785 04:22:58,001 --> 04:23:00,000 WE NEED THE COMMISSION TO REPORT 5786 04:23:00,001 --> 04:23:03,000 NOW ON WHAT IT SHOULD 5787 04:23:03,001 --> 04:23:05,000 SOONER TO DISCOVER AND STOP ANY 5788 04:23:05,001 --> 04:23:06,000 SUCH HIGH 5789 04:23:06,001 --> 04:23:07,000 MANIPULATION. 5790 04:23:07,001 --> 04:23:09,000 MR. PRESIDENT, WHERE IS THE 5791 04:23:09,001 --> 04:23:12,000 SENSE OF 5792 04:23:12,001 --> 04:23:13,000 MR. PRESIDENT, WE MUST ALSO A 5793 04:23:13,001 --> 04:23:16,000 URGENTLY BECAUSE HIGH FREQUENCY 5794 04:23:16,001 --> 04:23:18,000 TRADING POSES A SYSTEMIC RISK. 5795 04:23:18,001 --> 04:23:20,000 BOTH INDUSTRY EXPERTS AND S.E.C. 5796 04:23:20,001 --> 04:23:21,000 COMMISSIONERS HAVE RECOGNIZED 5797 04:23:21,001 --> 04:23:23,000 THIS THREAT. 5798 04:23:23,001 --> 04:23:25,000 ONE INDUSTRY EXPERT IS WARNED 5799 04:23:25,001 --> 04:23:27,000 ABOUT HIGH FREQUENCY 5800 04:23:27,001 --> 04:23:29,000 MALFUNCTIONS, AND I QUOTE -- 5801 04:23:29,001 --> 04:23:38,000 "THE NEXT LONG-TERM CAPITAL 5802 04:23:38,001 --> 04:23:40,000 MELTDOWN WOULD HAPPEN IN" -- GET 5803 04:23:40,001 --> 04:23:42,000 THIS -- "A FIVE-MINUTE PERIOD." 5804 04:23:42,001 --> 04:23:43,000 THE NEXT LONG-TERM CAPITAL MELT 5805 04:23:43,001 --> 04:23:44,000 DOWN COULD HAPPEN IN A 5806 04:23:44,001 --> 04:23:47,000 FIVE-MINUTE TIME PERIOD. 5807 04:23:47,001 --> 04:23:49,000 AT AN AVERAGE PRICE OF $20 A 5808 04:23:49,001 --> 04:23:51,000 SHARE, $2.4 BILLION OF IMPROPER 5809 04:23:51,001 --> 04:23:53,000 TRADES COULD BE EXECUTED IN THIS 5810 04:23:53,001 --> 04:23:55,000 SHORT TIME FRAME. UNQUOTE. 5811 04:23:55,001 --> 04:23:57,000 THIS IS A REAL PROBLEM, MR. PRESIDENT. 5812 04:23:57,001 --> 04:23:59,000 WE HAVE UNREGULATED ENTITIES, 5813 04:23:59,001 --> 04:24:01,000 HEDGE FUNDS, USING HIGH 5814 04:24:01,001 --> 04:24:02,000 FREQUENCY TRADING PROGRAMS 5815 04:24:02,001 --> 04:24:03,000 INTERACTING DIRECTLY WITH 5816 04:24:03,001 --> 04:24:05,000 EXCHANGES. 5817 04:24:05,001 --> 04:24:07,000 AS CHAIRMAN REID SAID AT LAST 5818 04:24:07,001 --> 04:24:08,000 WEEK'S HEARING, NOTHING REQUIRES 5819 04:24:08,001 --> 04:24:10,000 THAT THESE PEOPLE EVEN BE 5820 04:24:10,001 --> 04:24:11,000 LOCATED WITHIN THE UNITED 5821 04:24:11,001 --> 04:24:13,000 STATES. 5822 04:24:13,001 --> 04:24:15,000 KNOWN AS -- QUOTE -- SPONSORED 5823 04:24:15,001 --> 04:24:17,000 ACCESS, UNQUOTE, HEDGE FUNDS USE 5824 04:24:17,001 --> 04:24:19,000 THE NAME OF A BROKER DEALER TO 5825 04:24:19,001 --> 04:24:20,000 GAIN DIRECT TRADING ACCESS TO 5826 04:24:20,001 --> 04:24:23,000 THE EXCHANGE BUT DO NOT HAVE TO 5827 04:24:23,001 --> 04:24:26,000 COMPLY WITH ANY OF THE BROKER 5828 04:24:26,001 --> 04:24:31,000 DEALER RULES OR RISK CHECKS. 5829 04:24:31,001 --> 04:24:34,000 S.E.C. COMMISSIONER LIS WALTER 5830 04:24:34,001 --> 04:24:35,000 HAS RECOGNIZED THIS THREAT AND 5831 04:24:35,001 --> 04:24:36,000 "SPONSORED ACCESS PRESENTS A 5832 04:24:36,001 --> 04:24:37,000 VARIETY OF UNIQUE RISKS AND 5833 04:24:37,001 --> 04:24:39,000 CONCERNS, PARTICULARLY WHEN 5834 04:24:39,001 --> 04:24:41,000 TRADING FIRMS HAVE UNFILTERED 5835 04:24:41,001 --> 04:24:43,000 ACCESS TO THE MARKET. 5836 04:24:43,001 --> 04:24:44,000 THESE RISKS COULD AFFECT SEVERAL 5837 04:24:44,001 --> 04:24:45,000 MARKET PARTICIPANTS AND 5838 04:24:45,001 --> 04:24:48,000 POTENTIALLY THREATEN THE 5839 04:24:48,001 --> 04:24:49,000 STABILITY OF THE MARKETS." 5840 04:24:49,001 --> 04:24:51,000 AND POTENTIALLY THREATEN THE 5841 04:24:51,001 --> 04:24:56,000 STABILITY OF THE MARKETS. 5842 04:24:56,001 --> 04:24:57,000 LET ME REPEAT -- "THESE RISKS 5843 04:24:57,001 --> 04:24:59,000 COULD AFFECT SEVERAL MARKET 5844 04:24:59,001 --> 04:25:00,000 PARTICIPANTS AND POTENTIALLY 5845 04:25:00,001 --> 04:25:02,000 THREATEN THE STABILITY OF THE MARKETS." 5846 04:25:02,001 --> 04:25:03,000 THIS IS FROM A MEMBER OF THE 5847 04:25:03,001 --> 04:25:04,000 SECURITIES AND EXCHANGE COMMISSION. 5848 04:25:04,001 --> 04:25:05,000 EVEN THOSE ON WALL STREET 5849 04:25:05,001 --> 04:25:07,000 RESPONSIBLE FOR OVERSEEING THE 5850 04:25:07,001 --> 04:25:09,000 FIRM'S HIGH FREQUENCY PROGRAMS 5851 04:25:09,001 --> 04:25:10,000 ARE NOT UP TO SPEED ON THE RISKS INVOLVED. 5852 04:25:10,001 --> 04:25:13,000 ACCORDING TO A RECENT STUDY 5853 04:25:13,001 --> 04:25:15,000 CONDUCTED BY SEVEN CITY 5854 04:25:15,001 --> 04:25:16,000 LEARNING, IN A SURVEY OF 5855 04:25:16,001 --> 04:25:18,000 QUANTITATIVE ANALYSTS WHO DESIGN 5856 04:25:18,001 --> 04:25:21,000 AND IMPLEMENT HIGH FREQUENCY 5857 04:25:21,001 --> 04:25:25,000 TRADING ALGORITHMS, 2/3, THAT'S 5858 04:25:25,001 --> 04:25:28,000 2/3 ASSERTED THEIR SUPERVISORS, 5859 04:25:28,001 --> 04:25:30,000 AND I QUOTE, "DO NOT UNDERSTAND 5860 04:25:30,001 --> 04:25:34,000 THE WORK THEY DO." 5861 04:25:34,001 --> 04:25:36,000 AND ALTHOUGH QUANTS AND RISK 5862 04:25:36,001 --> 04:25:39,000 MANAGERS PLAYED A LAST YEAR IN 5863 04:25:39,001 --> 04:25:41,000 LAST YEAR'S CRISIS, 86% OF THOSE 5864 04:25:41,001 --> 04:25:43,000 SURVEYED INDICATED THEIR 5865 04:25:43,001 --> 04:25:46,000 SUPERVISORS AND I QUOTE "THE JOB 5866 04:25:46,001 --> 04:25:47,000 OF A QUANT IS THE SAME OR WORSE 5867 04:25:47,001 --> 04:25:48,000 THAN A YEAR AGO." 5868 04:25:48,001 --> 04:25:50,000 AND 70% SAID THE SAME THING 5869 04:25:50,001 --> 04:25:53,000 ABOUT THEIR INSTITUTIONS AS A WHOLE. 5870 04:25:53,001 --> 04:25:55,000 I AGREE WITH MARKET EXPERT AND 5871 04:25:55,001 --> 04:25:58,000 SEVEN CITY DIRECTOR PAUL WILMONT 5872 04:25:58,001 --> 04:25:59,000 WHO SAID, AND I QUOTE- "THESE 5873 04:25:59,001 --> 04:26:01,000 NUMBERS ARE ALARMING. 5874 04:26:01,001 --> 04:26:03,000 THEY INDICATE EVEN WITH THE 5875 04:26:03,001 --> 04:26:05,000 EVENTS OF THE PAST YEAR, FINANCIAL INSTITUTIONS ARE STILL 5876 04:26:05,001 --> 04:26:07,000 NOT TAKING THE IMPORTANCE OF 5877 04:26:07,001 --> 04:26:09,000 FINANCIAL EDUCATION SERIOUSLY." 5878 04:26:09,001 --> 04:26:11,000 LET ME REPEAT THAT." 5879 04:26:11,001 --> 04:26:12,000 THEY INDICATE THAT EVEN THE 5880 04:26:12,001 --> 04:26:14,000 EVENTS OF THE PAST YEAR, 5881 04:26:14,001 --> 04:26:16,000 FINANCIAL INSTITUTIONS ARE STILL 5882 04:26:16,001 --> 04:26:19,000 NOT TAKING THE IMPORTANCE OF 5883 04:26:19,001 --> 04:26:22,000 FINANCIAL EDUCATION SERIOUSLY." 5884 04:26:22,001 --> 04:26:25,000 MR. PRESIDENT, WHERE IS THE URGENCY? 5885 04:26:25,001 --> 04:26:27,000 TIME IS OF THE ESSENCE. 5886 04:26:27,001 --> 04:26:34,000 WE MUST ACT NOW. 5887 04:26:34,001 --> 04:26:36,000 THANK YOU, MR. PRESIDENT. 5888 04:26:36,001 --> 04:26:37,000 A SE THE 5889 04:26:37,001 --> 04:26:38,000 SENATOR FROM PENNSYLVA 5890 04:26:38,001 --> 04:26:40,000 RECOGNIZED. 5891 04:26:40,001 --> 04:26:43,000 MR. 5892 04:26:43,001 --> 04:26:47,000 HAVE SOUGHT RECOGNITION TO 5893 04:26:47,001 --> 04:26:49,000 INTRODUCE A SENSE OF THE SENATE 5894 04:26:49,001 --> 04:26:52,000 RESOLUTION URGING THE SUPREME 5895 04:26:52,001 --> 04:26:56,000 COURT TO PERMIT LIVE TELEVISION 5896 04:26:56,001 --> 04:26:59,000 COVERAGE OF ITS OPEN PROCEEDINGS. 5897 04:26:59,001 --> 04:27:01,000 THIS IS DIFFERENT FROM PREVIOUS 5898 04:27:01,001 --> 04:27:04,000 LEGISLATION WHICH I HAVE 5899 04:27:04,001 --> 04:27:08,000 INTRODUCED WHICH WOULD REQUIRE 5900 04:27:08,001 --> 04:27:10,000 THE COURT TO PERMIT LIVE 5901 04:27:10,001 --> 04:27:12,000 TELEVISION COVERAGE, AND I OFFER 5902 04:27:12,001 --> 04:27:14,000 THIS AMENDMENT ON BEHALF OF 5903 04:27:14,001 --> 04:27:17,000 SENATOR CORNYN, SENATOR KAUFMAN, 5904 04:27:17,001 --> 04:27:18,000 SENATOR FEINGOLD, SENATOR 5905 04:27:18,001 --> 04:27:22,000 DURBIN, SENATOR KLOBUCHAR, 5906 04:27:22,001 --> 04:27:23,000 SENATOR WHITEHOUSE, AND SENATOR 5907 04:27:23,001 --> 04:27:27,000 SCHUMER. 5908 04:27:27,001 --> 04:27:29,000 THE PREVIOUS 5909 04:27:29,001 --> 04:27:33,000 HAVE REQUIRED THE SUPREME COURT 5910 04:27:33,001 --> 04:27:36,000 TO OPEN ITS PROCEEDINGS TO LIVE 5911 04:27:36,001 --> 04:27:38,000 TELEVISION COVERAGE WERE VOTED 5912 04:27:38,001 --> 04:27:40,000 OUT IN THE JUDICIARY COMMITTEE 5913 04:27:40,001 --> 04:27:43,000 IN THE 109th CONGRESS BY A 5914 04:27:43,001 --> 04:27:47,000 VOTE OF 12-6, AND INHE 5915 04:27:47,001 --> 04:27:52,000 CONGRESS BY A VOTE OF 11-8, AND 5916 04:27:52,001 --> 04:27:55,000 THE BASIS FOR 5917 04:27:55,001 --> 04:27:59,000 ACTION IS ON THE 5918 04:27:59,001 --> 04:28:00,000 AUTHORITY OF CONGRESS TO 5919 04:28:00,001 --> 04:28:01,000 ESTABLISH ADMINISTRATIVE MATTERS 5920 04:28:01,001 --> 04:28:08,000 FOR THE COURT. 5921 04:28:08,001 --> 04:28:09,000 FOR EXAMPLE, THE CONGRESS TO -- 5922 04:28:09,001 --> 04:28:10,000 DETERMINES HOW MANY JUSTICES 5923 04:28:10,001 --> 04:28:11,000 THERE WILL BE. 5924 04:28:11,001 --> 04:28:12,000 NINE. 5925 04:28:12,001 --> 04:28:13,000 THE CONGRESS DETERMINES HOW MANY 5926 04:28:13,001 --> 04:28:14,000 JUSTICES ARE REQUIRED FOR A QUORUM. 5927 04:28:14,001 --> 04:28:15,000 SIX. 5928 04:28:15,001 --> 04:28:16,000 THE CONGRESS DETERMINES THAT THE 5929 04:28:16,001 --> 04:28:18,000 COURT WILL BEGIN ITS OPERATION 5930 04:28:18,001 --> 04:28:23,000 ON THE FIRST DAY OF OCTOBER. 5931 04:28:23,001 --> 04:28:25,000 THE CONGRESS HAS SET TIME 5932 04:28:25,001 --> 04:28:29,000 LIMITS. 5933 04:28:29,001 --> 04:28:34,000 THE SHIFT IN THE RESOLUTION FOR 5934 04:28:34,001 --> 04:28:37,000 URGING THE COURT IS TO TAKE A 5935 04:28:37,001 --> 04:28:41,000 MILDER APPROACH TO AVOID A 5936 04:28:41,001 --> 04:28:44,000 CONFRONTATION AND TO AVOID A 5937 04:28:44,001 --> 04:28:46,000 POSSIBLE CONSTITUTIONAL CLASS ON 5938 04:28:46,001 --> 04:28:48,000 THE SEPARATION OF POWERS. 5939 04:28:48,001 --> 04:28:51,000 THERE IS NO DOUBT THAT THE COURT 5940 04:28:51,001 --> 04:28:53,000 WOULD HAVE THE LAST WORD IF THE 5941 04:28:53,001 --> 04:28:54,000 CONGRESS REQUIRED LIVE 5942 04:28:54,001 --> 04:28:56,000 TELEVISION COVERAGE, AND AS I 5943 04:28:56,001 --> 04:28:58,000 SAY THERE ARE ANALOGOUS 5944 04:28:58,001 --> 04:29:02,000 ADMINISTRATIVE MATTERS WHICH THE 5945 04:29:02,001 --> 04:29:04,000 CONGRESS DOES CONTROL BUT IS A 5946 04:29:04,001 --> 04:29:06,000 FIRST 5947 04:29:06,001 --> 04:29:08,000 TODAY THE RESOLUTION WOULD URGE 5948 04:29:08,001 --> 04:29:10,000 THE COURT TO OPEN ITS 5949 04:29:10,001 --> 04:29:11,000 PREEDINGS FOR LIVE TELEVISION 5950 04:29:11,001 --> 04:29:13,000 COVERAGE. 5951 04:29:13,001 --> 04:29:15,000 AND THE THRUST OF THIS 5952 04:29:15,001 --> 04:29:19,000 RESOLUTION IS THAT THE COURT 5953 04:29:19,001 --> 04:29:21,000 SHOULD BE 5954 04:29:21,001 --> 04:29:24,000 SENATE IS TELEVISED, JUST AS THE 5955 04:29:24,001 --> 04:29:25,000 HOUSE IS TELEVISED, TO 5956 04:29:25,001 --> 04:29:28,000 FAMILIARIZE THE AMERICAN PEOPLE 5957 04:29:28,001 --> 04:29:30,000 WITH WHAT THE COURT DOES. 5958 04:29:30,001 --> 04:29:33,000 THE AVERAGE PERSON KNOWS VERY 5959 04:29:33,001 --> 04:29:34,000 LITTLE ABOUT WHAT THE COURT 5960 04:29:34,001 --> 04:29:36,000 DOES. 5961 04:29:36,001 --> 04:29:39,000 THE SUPREME COURT ITSELF HAS 5962 04:29:39,001 --> 04:29:41,000 HELD THAT NEWSPAPERS HAVE A 5963 04:29:41,001 --> 04:29:46,000 RIGHT TO BE IN A COURTROOM. 5964 04:29:46,001 --> 04:29:48,000 WELL, IN AN ELECTRONIC AGE, 5965 04:29:48,001 --> 04:29:52,000 TELEVISION, RADIO OUGHT TO HAVE 5966 04:29:52,001 --> 04:29:54,000 THE SAME STANDING. 5967 04:29:54,001 --> 04:29:56,000 AND THE IMPORTANCE OF THE COURT 5968 04:29:56,001 --> 04:29:57,000 IS SEEN IN THE SCOPE OF THE 5969 04:29:57,001 --> 04:30:02,000 CASES WHICH THEY DECIDE AND THE 5970 04:30:02,001 --> 04:30:03,000 KINDS OF CASES WHICH THEY -- 5971 04:30:03,001 --> 04:30:09,000 WHICH THEY DO NOT DECIDE. 5972 04:30:09,001 --> 04:30:10,000 FOR EXAMPLE, THE COURT MAKES A 5973 04:30:10,001 --> 04:30:12,000 DETERMINATION ON LIFE, A WOMAN'S 5974 04:30:12,001 --> 04:30:13,000 RIGHT TO 5975 04:30:13,001 --> 04:30:16,000 DETERMINATIONS ON THE 5976 04:30:16,001 --> 04:30:17,000 APPLICATION OF THE DEATH 5977 04:30:17,001 --> 04:30:19,000 PENALTY, DETERMINATIONS ON CIVIL 5978 04:30:19,001 --> 04:30:21,000 RIGHTS, ON GUANTANAMO, ON 5979 04:30:21,001 --> 04:30:26,000 WIRELESS WIRETAPPING, ON 5980 04:30:26,001 --> 04:30:28,000 CONGRESSIONAL AUTHORITY, ON 5981 04:30:28,001 --> 04:30:32,000 EXECUTIVE AUTHORITY. 5982 04:30:32,001 --> 04:30:35,000 AND THE COURT IS THE FINAL WORD 5983 04:30:35,001 --> 04:30:37,000 IN THE CASE OF MARBURY v. 5984 04:30:37,001 --> 04:30:39,000 MADISON, WHEN THE COURT DECIDED 5985 04:30:39,001 --> 04:30:40,000 THAT THE COURT WOULD BE THE 5986 04:30:40,001 --> 04:30:43,000 FINAL WORD, AND THAT WAS THE 5987 04:30:43,001 --> 04:30:47,000 STATEMENT OF CHIEF JUSTICE 5988 04:30:47,001 --> 04:30:48,000 MARSHALL AND 5989 04:30:48,001 --> 04:30:49,000 DURING THE LIFE OF OUR COUNTRY. 5990 04:30:49,001 --> 04:30:50,000 AND I BELIEVE IT IS A SOUND 5991 04:30:50,001 --> 04:30:55,000 JUDGMENT FOR THE COURTS TO HAVE 5992 04:30:55,001 --> 04:30:56,000 THE FINAL WORD FOR 5993 04:30:56,001 --> 04:30:57,000 WORD, FOR THE SUPREME COURT TO 5994 04:30:57,001 --> 04:30:59,000 HAVE THE FINAL WORD. 5995 04:30:59,001 --> 04:31:02,000 BUT IF THE FRAMERS WERE TO REWRITE THE CONSTITUTION, I 5996 04:31:02,001 --> 04:31:04,000 THINK THAT THE COURT WOULD NOW 5997 04:31:04,001 --> 04:31:05,000 BE ARTICLE 1 INSTEAD OF CONGRESS 5998 04:31:05,001 --> 04:31:06,000 BEING ARTICLE 1 AND THE 5999 04:31:06,001 --> 04:31:08,000 EXECUTIVE BRANCH, THE PRESIDENT, 6000 04:31:08,001 --> 04:31:10,000 BEING ARTICLE 2. 6001 04:31:10,001 --> 04:31:14,000 IT IS ALSO IMPORTANT TO NOTE 6002 04:31:14,001 --> 04:31:16,000 WHAT THE COURT DOES NOT DECIDE. 6003 04:31:16,001 --> 04:31:21,000 THE COURT DECLINED TO HEAR THE 6004 04:31:21,001 --> 04:31:24,000 TERRORIST SURVEILLANCE 6005 04:31:24,001 --> 04:31:25,000 THAT WARRANTLESS WIRETAP PROGRAM 6006 04:31:25,001 --> 04:31:29,000 THE FEDERAL COURT IN DETROIT. 6007 04:31:29,001 --> 04:31:33,000 IT WAS REVERSED BY THE COURT OF 6008 04:31:33,001 --> 04:31:35,000 APPEALS FOR THE SIXTH CIRCUIT 6009 04:31:35,001 --> 04:31:41,000 STANDING GROUND WITH A VERY 6010 04:31:41,001 --> 04:31:42,000 VIGOROUS AND BETTER REASON TO ASSENT. 6011 04:31:42,001 --> 04:31:44,000 STANDING IS A VERY FLEXIBLE 6012 04:31:44,001 --> 04:31:46,000 DOCTRINE AND USUALLY MADE WHEN 6013 04:31:46,001 --> 04:31:47,000 THE COURT SIMPLY DOESN'T WANT TO 6014 04:31:47,001 --> 04:31:49,000 TAKE UP THE ISSUE. 6015 04:31:49,001 --> 04:31:53,000 BUT THE TERRORIST SURVEILLANCE 6016 04:31:53,001 --> 04:31:55,000 PROGRAM PRESENTED THE SHARPEST 6017 04:31:55,001 --> 04:31:56,000 CONFLICT, PERHAPS THE SHARPEST 6018 04:31:56,001 --> 04:31:59,000 CONFLICT BETWEEN CONGRESSIONAL 6019 04:31:59,001 --> 04:32:00,000 AUTHORITY UNDER ARTICLE 1 6020 04:32:00,001 --> 04:32:02,000 THE FOREIGN INTELLIGENCE 6021 04:32:02,001 --> 04:32:05,000 SURVEILLANCE ACT ESTABLISHING 6022 04:32:05,001 --> 04:32:06,000 THE EXCLUSIVE WAY TO CONDUCT 6023 04:32:06,001 --> 04:32:07,000 WIRETAPS. 6024 04:32:07,001 --> 04:32:10,000 AND THE PRESIDENT'S ARTICLE 2 6025 04:32:10,001 --> 04:32:12,000 POWERS AS COMMANDER IN CHIEF TO 6026 04:32:12,001 --> 04:32:16,000 CONDUCT WARRANTLESS WIRETAPS. 6027 04:32:16,001 --> 04:32:19,000 THE SUPREME COURT DENIED TO HEAR 6028 04:32:19,001 --> 04:32:21,000 THE CASE OF THE SURVIVORS OF 6029 04:32:21,001 --> 04:32:24,000 VICTIMS OF 6030 04:32:24,001 --> 04:32:27,000 ARABIA, EVEN THOUGH THE 6031 04:32:27,001 --> 04:32:30,000 CONGRESSIONAL 6032 04:32:30,001 --> 04:32:35,000 THAT SOVEREIGN IMMUNITY DOES NOT 6033 04:32:35,001 --> 04:32:38,000 APPLY TO -- TO FOREIGN 6034 04:32:38,001 --> 04:32:41,000 GOVERNMENTS. 6035 04:32:41,001 --> 04:32:47,000 JUST IN THE PAST FEW YEARS, THE 6036 04:32:47,001 --> 04:32:48,000 SUPREME 6037 04:32:48,001 --> 04:32:51,000 OF ENORMOUS IMPORTANCE. 6038 04:32:51,001 --> 04:32:53,000 A FEW ILLUSTRATE THE PROPOSITION. 6039 04:32:53,001 --> 04:32:54,000 THE COURT REFUSED TO DECIDE -- 6040 04:32:54,001 --> 04:32:56,000 THE COURT DID DECIDE 6041 04:32:56,001 --> 04:32:58,000 CUTTING-EDGE ISSUES ON WHETHER 6042 04:32:58,001 --> 04:33:00,000 LOCAL SCHOOL DISTRICTS MAY 6043 04:33:00,001 --> 04:33:01,000 FULFILL THE PROMISE OF BROWN 6044 04:33:01,001 --> 04:33:06,000 v. BOARD OF EDUCATION BY TAKING 6045 04:33:06,001 --> 04:33:09,000 VOL CARRY -- VOLUNTARY REMEDIAL 6046 04:33:09,001 --> 04:33:10,000 STEPS TO INTEGRATE SCHOOLS, 6047 04:33:10,001 --> 04:33:11,000 WHETHER PUBLIC UNIVERSITIES MAY 6048 04:33:11,001 --> 04:33:12,000 CONSIDER RACE WHEN EVALUATING 6049 04:33:12,001 --> 04:33:13,000 APPLICANTS FOR ADMISSION IN 6050 04:33:13,001 --> 04:33:16,000 ORDER TO ENSURE DIVERSITY WITHIN 6051 04:33:16,001 --> 04:33:19,000 THEIR STUDENT BODIES. 6052 04:33:19,001 --> 04:33:20,000 WHETHER CITIZENS HAVE A 6053 04:33:20,001 --> 04:33:21,000 CONSTITUTIONAL RIGHT TO OWN GUNS. 6054 04:33:21,001 --> 04:33:25,000 WHETHER STATES MAY EXERCISE THE 6055 04:33:25,001 --> 04:33:26,000 POWER OF EMINENT DOMAIN TO TAKE 6056 04:33:26,001 --> 04:33:27,000 A PERSONAL RESIDENCE IN ORDER TO 6057 04:33:27,001 --> 04:33:29,000 MAKE ROOM FOR A COMMERCIAL 6058 04:33:29,001 --> 04:33:37,000 DEVELOPMENT. 6059 04:33:37,001 --> 04:33:39,000 HEAR CASES INVOLVING SPLITS -- 6060 04:33:39,001 --> 04:33:40,000 THAT IS, DIFFERENCES OF 6061 04:33:40,001 --> 04:33:43,000 JUDGMENT -- BETWEEN DIFFERENT 6062 04:33:43,001 --> 04:33:48,000 COURTS OF APPEALS. 6063 04:33:48,001 --> 04:33:50,000 IT IS NOT AN EFFECTIVE 6064 04:33:50,001 --> 04:33:53,000 ADMINISTRATION OF THE JUDICIAL 6065 04:33:53,001 --> 04:33:55,000 SYSTEM IF THE CASE MAY BE 6066 04:33:55,001 --> 04:33:57,000 DECIDED DIFFERENTLY, DEPENDING 6067 04:33:57,001 --> 04:34:00,000 ON WHETHER A PERSON 6068 04:34:00,001 --> 04:34:01,000 THE 1st CIRCUIT OR IN THE 6069 04:34:01,001 --> 04:34:06,000 11th CIRCUIT. 6070 04:34:06,001 --> 04:34:08,000 AND THEN THE DISTRICT COURTS 6071 04:34:08,001 --> 04:34:09,000 WHERE THE CIRCUIT HAS NOT RULED 6072 04:34:09,001 --> 04:34:12,000 SPECULATE AS TO WHAT THE COURT 6073 04:34:12,001 --> 04:34:13,000 OF APPEALS WOULD HAVE DECIDED. 6074 04:34:13,001 --> 04:34:23,000 WE HAD A CONFIRMATION HEARING 6075 04:34:23,001 --> 04:34:24,000 YESTERDAY WITH JUDGE VINASKI OF 6076 04:34:24,001 --> 04:34:27,000 THE MIDDLE DISTRICT OF PENNSYLVANIA. 6077 04:34:27,001 --> 04:34:28,000 AND I ASKED HIM HAVE YOU SEEN 6078 04:34:28,001 --> 04:34:30,000 SITUATIONS WHERE THERE ARE 6079 04:34:30,001 --> 04:34:31,000 CIRCUIT SPLITS BUT YOUR CIRCUIT 6080 04:34:31,001 --> 04:34:32,000 HASN'T DECIDED. 6081 04:34:32,001 --> 04:34:34,000 HOW DO YOU HANDLE THAT CASE? 6082 04:34:34,001 --> 04:34:37,000 AND THE JUDGE POINTED OUT THAT 6083 04:34:37,001 --> 04:34:38,000 THAT WAS VERY PROBLEMSOME. 6084 04:34:38,001 --> 04:34:41,000 THERE ARE MAJOR MATTERS WHERE 6085 04:34:41,001 --> 04:34:42,000 THE SUPREME COURT HAS LEFT THESE 6086 04:34:42,001 --> 04:34:44,000 CIRCUIT SPLITS STANDING. 6087 04:34:44,001 --> 04:34:46,000 FOR EXAMPLE, WHETHER JURORS MAY 6088 04:34:46,001 --> 04:34:50,000 CONSULT THE BIBLE DURING THEIR 6089 04:34:50,001 --> 04:34:52,000 DELIBERATIONS IN A CRIMINAL CASE 6090 04:34:52,001 --> 04:34:55,000 CASE, WHETHER A CIVIL LAWSUIT 6091 04:34:55,001 --> 04:34:57,000 MUST BE DISMISSED PREDICATED ON 6092 04:34:57,001 --> 04:35:00,000 STATE SECRET, WHETHER THE SPOUSE 6093 04:35:00,001 --> 04:35:02,000 OF A UNITED STATES CITIZEN 6094 04:35:02,001 --> 04:35:03,000 REMAINS ELIGIBLE FOR AN 6095 04:35:03,001 --> 04:35:05,000 IMMIGRATION VISA AFTER THE 6096 04:35:05,001 --> 04:35:07,000 CITIZEN DIES, WHETHER AN 6097 04:35:07,001 --> 04:35:10,000 EMPLOYEE THAT ALLEGES THAT HE OR 6098 04:35:10,001 --> 04:35:12,000 SHE WAS UNLAWFULLY DISCRIMINATED 6099 04:35:12,001 --> 04:35:15,000 AGAINST MAY CLAIM BENEFITS OR 6100 04:35:15,001 --> 04:35:20,000 EXERCISE OTHER RIGHTS UNDER AN EMPLOYER-SPONSORED HLTH CARE 6101 04:35:20,001 --> 04:35:22,000 OR PENSION PLAN. 6102 04:35:22,001 --> 04:35:23,000 OR WHEN DOES A COLLECTIVE 6103 04:35:23,001 --> 04:35:25,000 BARGAINING AGREEMENT CONFER ON 6104 04:35:25,001 --> 04:35:28,000 RETIREES THE RIGHT TO LIFETIME 6105 04:35:28,001 --> 04:35:29,000 HEALTH CARE BENEFITS? 6106 04:35:29,001 --> 04:35:32,000 MAY A FEDERAL COURT UPHOLD A 6107 04:35:32,001 --> 04:35:34,000 STATUTE OF LIMITATIONS IN A SUIT 6108 04:35:34,001 --> 04:35:39,000 CLAIMS ACT 6109 04:35:39,001 --> 04:35:40,000 THESE ARE I WIL ILLUSTRATIVE OF VERY 6110 04:35:40,001 --> 04:35:41,000 IMPORTANT DECISIONS WHICH THE 6111 04:35:41,001 --> 04:35:47,000 SUPREME COURT DOES NOT DECIDE. 6112 04:35:47,001 --> 04:35:48,000 NOW, CONGRESS 6113 04:35:48,001 --> 04:35:50,000 CONGRESS CAN'T TELL THE SUPREME 6114 04:35:50,001 --> 04:35:54,000 COURT WHAT TO DECIDE BUT 6115 04:35:54,001 --> 04:35:55,000 CONGRESS MAY 6116 04:35:55,001 --> 04:35:56,000 JURISDICTION. 6117 04:35:56,001 --> 04:35:58,000 BUT IF THIS WERE IN THE PUBLIC 6118 04:35:58,001 --> 04:35:59,000 VIEW AND IF THE COURT WERE 6119 04:35:59,001 --> 04:36:01,000 ACCOUNTABLE FOR NOT HANDLING 6120 04:36:01,001 --> 04:36:05,000 SUCH CASES, I THINK THE COURT 6121 04:36:05,001 --> 04:36:06,000 MIGHT WELL TAKE A DIFFERENT VIEW VIEW. 6122 04:36:06,001 --> 04:36:07,000 IT'S NOT AS IF THE COURT IS TOO 6123 04:36:07,001 --> 04:36:10,000 BUSY TO HEAR THESE CASES. 6124 04:36:10,001 --> 04:36:12,000 TAKE A BRIEF SURVEY OF THE COURT 6125 04:36:12,001 --> 04:36:17,000 DOCKET. 6126 04:36:17,001 --> 04:36:19,000 IN 1886, THERE WERE 1,396 CASES 6127 04:36:19,001 --> 04:36:23,000 ON THE SUPREME COURT DOCKET. 6128 04:36:23,001 --> 04:36:26,000 IT DECIDED 451. 6129 04:36:26,001 --> 04:36:30,000 IN 1926, THERE WERE 223 SIGNED 6130 04:36:30,001 --> 04:36:37,000 OPINIONS, SO IT'S DOWN FROM 451 6131 04:36:37,001 --> 04:36:41,000 IN 1886 TO 223 IN 1926. 6132 04:36:41,001 --> 04:36:42,000 AND THEN BY 1987, IT WAS DOWN TO 6133 04:36:42,001 --> 04:36:45,000 146. 6134 04:36:45,001 --> 04:36:48,000 AND IN 2007, THE COURT HEARD 6135 04:36:48,001 --> 04:36:52,000 ARGUMENT IN ONLY 75 CASES AND 6136 04:36:52,001 --> 04:36:58,000 ISSUED ONLY 67 SIGNED OPINIONS. 6137 04:36:58,001 --> 04:37:02,000 SO IT IS PERFECTLY CLEAR THAT 6138 04:37:02,001 --> 04:37:03,000 THE COURT'S DOCKET WITH THE FOUR 6139 04:37:03,001 --> 04:37:06,000 CLERKS, WHICH EACH ONE OF THE 6140 04:37:06,001 --> 04:37:09,000 SUPREME COURT JUSTICES HAS, 6141 04:37:09,001 --> 04:37:14,000 COULD WELL ACCOMMODATE A MORE 6142 04:37:14,001 --> 04:37:16,000 VIGOROUS BACKLOG. 6143 04:37:16,001 --> 04:37:19,000 IN THE WRITTEN STATEMENT WHICH I 6144 04:37:19,001 --> 04:37:20,000 WILL INCLUDE WHEN I FINISH THESE 6145 04:37:20,001 --> 04:37:22,000 EXTEMPORANEOUS REMARKS, I HAVE 6146 04:37:22,001 --> 04:37:24,000 CITED ITE A FEW CASES WHERE 6147 04:37:24,001 --> 04:37:26,000 THE COURT IN MODERN TIMES HAS 6148 04:37:26,001 --> 04:37:27,000 NOT FOLLOWED WELL-ESTABLISHED 6149 04:37:27,001 --> 04:37:28,000 PRECEDENCE. 6150 04:37:28,001 --> 04:37:31,000 WELL, THEY HAVE THE AUTHORITY TO 6151 04:37:31,001 --> 04:37:32,000 OVERRULE THEIR OWN PRECEDENCE, 6152 04:37:32,001 --> 04:37:34,000 BUT IT IS SOMETHING THAT THE 6153 04:37:34,001 --> 04:37:39,000 PUBLIC OUGHT TO HAVE AN IDEA ON 6154 04:37:39,001 --> 04:37:41,000 AND AN UNDERSTANDING. 6155 04:37:41,001 --> 04:37:44,000 I THINK THAT THIS IS A 6156 04:37:44,001 --> 04:37:46,000 PARTICULARLY GOOD TIME FOR THE 6157 04:37:46,001 --> 04:37:48,000 COURT TO CONSIDER TELEVISING 6158 04:37:48,001 --> 04:37:52,000 ITSELF UNDER THE RESOLUTION 6159 04:37:52,001 --> 04:37:54,000 URGING THEM TO BE TELEVISED 6160 04:37:54,001 --> 04:37:56,000 SINCE JUSTICE SOUTER RECENTLY 6161 04:37:56,001 --> 04:37:57,000 LEFT THE COURT. 6162 04:37:57,001 --> 04:38:00,000 JUSTICE SOUTER MADE THE FAMOUS 6163 04:38:00,001 --> 04:38:03,000 STATEMENT THAT IF THE SUPREME 6164 04:38:03,001 --> 04:38:05,000 COURT WAS TO BE TELEVISED, THE 6165 04:38:05,001 --> 04:38:08,000 CAMERAS WOULD ROLL IN OVER -- 6166 04:38:08,001 --> 04:38:09,000 OVER HIS DEAD BODY. 6167 04:38:09,001 --> 04:38:13,000 AND THE MEMBERS OF THE SUPREME 6168 04:38:13,001 --> 04:38:15,000 COURT ARE VERY CONCERNED ABOUT 6169 04:38:15,001 --> 04:38:18,000 WHAT THEIR FELLOWS THINK AND IT 6170 04:38:18,001 --> 04:38:19,000 MAY WELL BE THAT IN LIGHT OF A 6171 04:38:19,001 --> 04:38:20,000 STRENUOUS OBJECTION BY JUSTICE 6172 04:38:20,001 --> 04:38:21,000 SOUTER WHEN I WAS ON THE COURT, 6173 04:38:21,001 --> 04:38:23,000 THAT WOULD HAVE TIPPED THE SCALES. 6174 04:38:23,001 --> 04:38:26,000 BUT LISTEN TO WHAT THE JUSTICES 6175 04:38:26,001 --> 04:38:29,000 HAVE HAD TO SAY ON THE ISSUE OF 6176 04:38:29,001 --> 04:38:31,000 TELEVISING THE SUPREME COURT. 6177 04:38:31,001 --> 04:38:32,000 AND I'VE MADE IT THE PRACTICE TO 6178 04:38:32,001 --> 04:38:35,000 QUESTION THE NOMINEES FOR THE 6179 04:38:35,001 --> 04:38:38,000 SUPREME COURT TO GET THEIR VIEWS 6180 04:38:38,001 --> 04:38:40,000 ON TELEVISION. 6181 04:38:40,001 --> 04:38:41,000 JUSTICE PAUL STEVENS SAID, 6182 04:38:41,001 --> 04:38:44,000 "LITERALLY HUNDREDS OF PEOPLE 6183 04:38:44,001 --> 04:38:46,000 HAVE STOOD IN LINE FOR HOURS IN 6184 04:38:46,001 --> 04:38:47,000 ORDER TO ATTEND ORAL ARGUMENT 6185 04:38:47,001 --> 04:38:50,000 ONLY TO BE DENIED ADMISSION 6186 04:38:50,001 --> 04:38:53,000 BECAUSE 6187 04:38:53,001 --> 04:38:55,000 FILLED, AND THE PRACTICE IS IF 6188 04:38:55,001 --> 04:38:56,000 YOU CAN GET IN AT ALL, YOU STAY 6189 04:38:56,001 --> 04:38:58,000 FOR THREE MINUTES AND THEN 6190 04:38:58,001 --> 04:39:00,000 YOU'RE USHERED OUT TO LET OTHER 6191 04:39:00,001 --> 04:39:02,000 PEOPLE IN BECAUSE IT'S A SMALL CHAMBER. 6192 04:39:02,001 --> 04:39:04,000 JUSTICE JOHN PAUL STEVENS SAID, 6193 04:39:04,001 --> 04:39:07,000 "TELEVISION IN THE COURT IS 6194 04:39:07,001 --> 04:39:10,000 WORTH A TRY." 6195 04:39:10,001 --> 04:39:11,000 JUSTICE RUTH BAIRD GINSBURG SAID -- 6196 04:39:11,001 --> 04:39:13,000 JUSTICE RUTH BADER GINSBURG 6197 04:39:13,001 --> 04:39:14,000 SAID, "I DON'T SEE ANY PROBLEM 6198 04:39:14,001 --> 04:39:15,000 WITH HAVING PROCEEDINGS 6199 04:39:15,001 --> 04:39:16,000 TELEVISED. 6200 04:39:16,001 --> 04:39:17,000 I THINK IT WOULD BE GOOD FOR THE 6201 04:39:17,001 --> 04:39:18,000 PUBLIC." 6202 04:39:18,001 --> 04:39:19,000 JUSTICE PRYOR SAID, AT A TIME 6203 04:39:19,001 --> 04:39:21,000 WHEN HE WAS -- 6204 04:39:21,001 --> 04:39:23,000 JUSTICE BREYER SAID, AT A TIME 6205 04:39:23,001 --> 04:39:25,000 WHEN HE WAS CHIEF JUDGE OF THE 6206 04:39:25,001 --> 04:39:26,000 1st CIRCUIT, "I VOTED IN FAVOR 6207 04:39:26,001 --> 04:39:27,000 OF THE JUDICIAL CONFERENCE IN 6208 04:39:27,001 --> 04:39:30,000 FAVOR OF SPERNLTING WITH 6209 04:39:30,001 --> 04:39:31,000 TELEVISION IN THE COURTROOM. 6210 04:39:31,001 --> 04:39:33,000 AND THE JUDICIAL CONFERENCE MADE 6211 04:39:33,001 --> 04:39:36,000 AN ANALYSIS OF TELEVISION, MADE 6212 04:39:36,001 --> 04:39:37,000 A FAVORABLE RECOMMENDATION. 6213 04:39:37,001 --> 04:39:39,000 AND SOME CIRCUIT COURTS AND SOME 6214 04:39:39,001 --> 04:39:42,000 LOWER COURTS HAVE BEEN TELEVISED. 6215 04:39:42,001 --> 04:39:44,000 JUDGE SOTOMAYOR, IN HER RECENT 6216 04:39:44,001 --> 04:39:46,000 CONFIRMATION HEARING, SAI 6217 04:39:46,001 --> 04:39:48,000 RE 6218 04:39:48,001 --> 04:39:49,000 CAMERAS IN THE COURTROOM, THAT 6219 04:39:49,001 --> 04:39:53,000 THE EXPERIENCE HAS -- QUOTE -- 6220 04:39:53,001 --> 04:39:55,000 "GENERALLY BEEN POSITIVE, AND I HE 6221 04:39:55,001 --> 04:39:56,000 WOULD CERTAINLY RECOUNT THAT," 6222 04:39:56,001 --> 04:39:58,000 REFER TO HER COLLEAGUES ON THE 6223 04:39:58,001 --> 04:40:03,000 SUPREME COURT. 6224 04:40:03,001 --> 04:40:04,000 JUSTICE ALITO SAID THAT IN THE 6225 04:40:04,001 --> 04:40:06,000 3rd CIRCUIT, THERE WAS A 6226 04:40:06,001 --> 04:40:08,000 DEBATE AND HE ARGUED THAT WE 6227 04:40:08,001 --> 04:40:10,000 SHOULD DO IT, THAT IS 6228 04:40:10,001 --> 04:40:13,000 TELEVISING, AND SAID I WOULD 6229 04:40:13,001 --> 04:40:16,000 KEEP AN OPEN MIND ON THE SUBJECT 6230 04:40:16,001 --> 04:40:18,000 WITH RESPECT TO THE SUPREME 6231 04:40:18,001 --> 04:40:20,000 COURT. 6232 04:40:20,001 --> 04:40:24,000 AND THE FACT IS THAT THE 6233 04:40:24,001 --> 04:40:25,000 JUSTICES FREQUENTLY APPEAR ON 6234 04:40:25,001 --> 04:40:26,000 TELEVISION AUTO THEIR OWN. 6235 04:40:26,001 --> 04:40:28,000 FOR EXAMPLE, CHIEF JUSTICE 6236 04:40:28,001 --> 04:40:32,000 ROBERTS AND JUSTICE STEVENS 6237 04:40:32,001 --> 04:40:35,000 APPEARED ON INTERVIEWS ON ABC'S 6238 04:40:35,001 --> 04:40:37,000 "PRIMETIME," JUSTICE GINSBURG ON 6239 04:40:37,001 --> 04:40:39,000 CBS NEWS, JUSTICE BREYER ON 6240 04:40:39,001 --> 04:40:43,000 ""FOX NEWS SUNDAY,"" JUSTICES 6241 04:40:43,001 --> 04:40:44,000 SCALIA AND THOMAS ON CBS'S "60 6242 04:40:44,001 --> 04:40:47,000 MINUTES," AND ALL OF THE 6243 04:40:47,001 --> 04:40:49,000 JUSTICES APPEARED FOR INTERVIEWS 6244 04:40:49,001 --> 04:40:50,000 WHEN 6245 04:40:50,001 --> 04:40:51,000 ITS SUPREME COURT WEEK. 6246 04:40:51,001 --> 04:40:54,000 PUBLIC OPINION POLLS ARE 6247 04:40:54,001 --> 04:40:58,000 STRONGLY IN FAVOR OF HAVING THE 6248 04:40:58,001 --> 04:41:00,000 SUPREME 6249 04:41:00,001 --> 04:41:01,000 THERE HAVE BEEN 6250 04:41:01,001 --> 04:41:04,000 EDITORIALS IN SUPPORT. AND RECENTLY THE SUPREME COURT 6251 04:41:04,001 --> 04:41:06,000 OF THE UNITED KINGDOM OPENED ITS 6252 04:41:06,001 --> 04:41:12,000 PROCEEDINGS FOR TELEVISION. 6253 04:41:12,001 --> 04:41:13,000 THAT IS A VERY BRIEF 6254 04:41:13,001 --> 04:41:18,000 OF A MORE EXPANSIVE STATEMENT 6255 04:41:18,001 --> 04:41:19,000 WHICH I HAVE PREPARED. 6256 04:41:19,001 --> 04:41:22,000 AND I THINK THAT THE REASONS FOR 6257 04:41:22,001 --> 04:41:24,000 OPENING THE COURT ARE --RE 6258 04:41:24,001 --> 04:41:25,000 OVERWHELMING. 6259 04:41:25,001 --> 04:41:28,000 IN A DEMOCRATIC SOCIETY, THERE 6260 04:41:28,001 --> 04:41:30,000 SHOULD BE TRANSPARENCY AT ALL 6261 04:41:30,001 --> 04:41:33,000 LEVELS OF GOVERNMENT. 6262 04:41:33,001 --> 04:41:39,000 THE JUDICIAL INDEPENDENCE OF THE 6263 04:41:39,001 --> 04:41:43,000 SUPREME COURT IS ENORMOUS -- IS 6264 04:41:43,001 --> 04:41:44,000 OF VITAL IMPORTANCE TO BE 6265 04:41:44,001 --> 04:41:45,000 MAINTAINED. 6266 04:41:45,001 --> 04:41:46,000 AND THEY HAVE LIFE TEN USE, BUT 6267 04:41:46,001 --> 04:41:48,000 THERE IS NO REASON WHY THE 6268 04:41:48,001 --> 04:41:49,000 AMERICAN PEOPLE SHOULD NOT -- 6269 04:41:49,001 --> 04:41:50,000 TENURE, BUT THERE IS NO REASON 6270 04:41:50,001 --> 04:41:51,000 WHY THE AMERICAN PEOPLE SHOULD 6271 04:41:51,001 --> 04:41:53,000 NOT UNDERSTAND WHAT THEY ARE DOING. 6272 04:41:53,001 --> 04:41:55,000 AND THE AMERICAN PEOPLE SHOULD 6273 04:41:55,001 --> 04:41:57,000 UNDERSTAND WHEN THEY TAKE A CASE 6274 04:41:57,001 --> 04:41:58,000 LIKE BUSH v. GORE, WHEN THERE 6275 04:41:58,001 --> 04:41:59,000 IS A CHALLENGE ON COUNTING OF 6276 04:41:59,001 --> 04:42:02,000 VOTES IN FLORIDA, AND WHEN 6277 04:42:02,001 --> 04:42:03,000 JUSTIC 6278 04:42:03,001 --> 04:42:05,000 IRREPARABLE HARM IN ALLOWING THE 6279 04:42:05,001 --> 04:42:07,000 VOTES IN FLORIDA TO BE COUNTED 6280 04:42:07,001 --> 04:42:08,000 BECAUSE IT MIGHT UNDERMINE THE 6281 04:42:08,001 --> 04:42:10,000 LEGITIMACY OF THE NEW 6282 04:42:10,001 --> 04:42:12,000 ADMINISTRATION, THE AMERICAN 6283 04:42:12,001 --> 04:42:14,000 PEOPLE OUGHT TO HAVE MAXIMUM 6284 04:42:14,001 --> 04:42:15,000 ACCESS TO UNDERSTAND WHAT THE 6285 04:42:15,001 --> 04:42:17,000 COURT IS DOING. 6286 04:42:17,001 --> 04:42:18,000 THE AMERICAN PEOPLE OUGHT TO 6287 04:42:18,001 --> 04:42:22,000 HAVE MAXIMUM ACCESS TO KNOW THAT 6288 04:42:22,001 --> 04:42:23,000 THE SUPREME COURT OF THE UNITE 6289 04:42:23,001 --> 04:42:24,000 STATES DECLINED TO HEAR THE 6290 04:42:24,001 --> 04:42:26,000 DECISION ON WHETHER THE 6291 04:42:26,001 --> 04:42:28,000 PRESIDENT HAD AUTHORITY TO 6292 04:42:28,001 --> 04:42:29,000 CONDUCT WARRANTLESS WIRETAPS. 6293 04:42:29,001 --> 04:42:31,000 THE AMERICAN PEOPLE OUGHT TO 6294 04:42:31,001 --> 04:42:34,000 KNOW THAT ALL OF THESE CIRCUIT 6295 04:42:34,001 --> 04:42:37,000 SPLITS REMAIN UNRESOLVED AT A 6296 04:42:37,001 --> 04:42:38,000 TIME WHEN THE WORKLOAD AND THE 6297 04:42:38,001 --> 04:42:41,000 AGENDA AND THE DOCKET OF THE 6298 04:42:41,001 --> 04:42:43,000 SUPREME COURT HAS DECLINE 6299 04:42:43,001 --> 04:42:44,000 ENORMOUSLY. 6300 04:42:44,001 --> 04:42:46,000 MR. PRESIDENT, I ASK CONSENT 6301 04:42:46,001 --> 04:42:47,000 THAT A "DEAR COLLEAGUE" LETTER 6302 04:42:47,001 --> 04:42:49,000 SIGNED BY SENATOR CORNYN AND 6303 04:42:49,001 --> 04:42:50,000 MYSELF BE INCLUDED IN THE 6304 04:42:50,001 --> 04:42:51,000 "CONGRESSIONAL RECORD" AT THIS POINT. 6305 04:42:51,001 --> 04:42:52,000 THE PRESIDING OFFICER: WITHOUT OBJECTION. 6306 04:42:52,001 --> 04:42:53,000 SO ORDERED. 6307 04:42:53,001 --> 04:42:56,000 MR. SPECTER: I ASK UNANIMOUS 6308 04:42:56,001 --> 04:42:58,000 CONSENT THAT AN EXTENSIVE 6309 04:42:58,001 --> 04:43:00,000 STATEMENT BE INCLUDED IN THE 6310 04:43:00,001 --> 04:43:02,000 RECORD AND THAT THE 6311 04:43:02,001 --> 04:43:03,000 "CONGRESSIONAL RECORD" CONTAIN 6312 04:43:03,001 --> 04:43:05,000 MY INTRODUCTION OF THE FLOOR 6313 04:43:05,001 --> 04:43:06,000 STATEMENT. 6314 04:43:06,001 --> 04:43:09,000 FREQUENTLY WHEN THE FLOOR 6315 04:43:09,001 --> 04:43:11,000 STATEMENT OCCURS RIGHT AFTER THE 6316 04:43:11,001 --> 04:43:13,000 ORAL EXTEMPORANEOUS COMMENTS, 6317 04:43:13,001 --> 04:43:15,000 THE READER MAY WONDER WHY THE 6318 04:43:15,001 --> 04:43:17,000 SPEAKER IS REPEATING HIMSELF ON 6319 04:43:17,001 --> 04:43:19,000 SO MANY OF THE SAME POINTS. 6320 04:43:19,001 --> 04:43:20,000 SO I WOULD LIKE TO HAVE THE FULL 6321 04:43:20,001 --> 04:43:21,000 TEXT AS TO WHAT I'M SAYING NOW 6322 04:43:21,001 --> 04:43:23,000 APPEAR IN THE "CONGRESSIONAL 6323 04:43:23,001 --> 04:43:26,000 RECORD" SO THAT IT IS 6324 04:43:26,001 --> 04:43:28,000 UNDERSTANDABLE WHY THE LONG 6325 04:43:28,001 --> 04:43:29,000 APPEARS AFTER SO MUCH OF WHAT 6326 04:43:29,001 --> 04:43:30,000 HAS ALREADY BEEN 6327 04:43:30,001 --> 04:43:31,000 THE PRESIDING OFFICER: IS THERE 6328 04:43:31,001 --> 04:43:32,000 OBJECTION? 6329 04:43:32,001 --> 04:43:33,000 SO ORDERED. 6330 04:43:33,001 --> 04:43:50,000 MR. SPECTER: I THANK 6331 04:43:50,001 --> 04:43:51,000 AND YIELD THE FLOOR. 6332 04:43:51,001 --> 04:43:53,000 MS. MIKULSKI: MR. PRESIDENT? THE PRESIDING OFFICER: THE 6333 04:43:53,001 --> 04:43:54,000 MS. MIKULSKI: I NOTE THE ABSENCE 6334 04:43:54,001 --> 04:43:58,000 OF A QUORUM. 6335 04:43:58,001 --> 04:44:45,000 WILL CALL THE ROL 6336 04:44:45,001 --> 04:49:29,000 QUORUM CALL: 6337 04:49:29,001 --> 04:49:30,000 QUORUM CALL: 6338 04:49:30,001 --> 04:49:32,000 MS. MIKULSKI: MR. PRESIDENT? 6339 04:49:32,001 --> 04:49:34,000 THE PRESIDING OFFICER: 6340 04:49:34,001 --> 04:49:35,000 SENIOR RECOGNIZED. MS. MIKULSKI: THANK YOU, 6341 04:49:35,001 --> 04:49:36,000 MR. PRESIDENT. 6342 04:49:36,001 --> 04:49:37,000 I ASK UNANIMOUS CONSENT THAT THE 6343 04:49:37,001 --> 04:49:39,000 CALL OF THE QUORUM BE VAICTD. THE PRESIDING OFFICER: WITHOUT 6344 04:49:39,001 --> 04:49:40,000 OBJECTION, SO ORDERED. 6345 04:49:40,001 --> 04:49:42,000 MS. MIKULSKI: MR. PRESIDENT, 6346 04:49:42,001 --> 04:49:45,000 OUR COLLEAGUE FROM PENNSYLVANIA, 6347 04:49:45,001 --> 04:49:48,000 SENATOR SPECTER, JUST GAVE AN 6348 04:49:48,001 --> 04:49:50,000 ELOQUENT SPEECH 6349 04:49:50,001 --> 04:49:52,000 SUPREME COURT SHOULD BE TELEVISED. 6350 04:49:52,001 --> 04:49:55,000 AND HOW IT WOULD PROVIDE A 6351 04:49:55,001 --> 04:49:57,000 GREATER OPENNESS AND 6352 04:49:57,001 --> 04:49:59,000 TRANSPARENCY TO DECISIONS BEING 6353 04:49:59,001 --> 04:50:01,000 MADE IN THE PUBLIC'S EYE. 6354 04:50:01,001 --> 04:50:02,000 I THINK THAT ARGUMENT WAS VERY 6355 04:50:02,001 --> 04:50:03,000 INTERESTING. 6356 04:50:03,001 --> 04:50:05,000 BUT ONE INSTITUTE THAT IS 6357 04:50:05,001 --> 04:50:06,000 ABSOLUTELY ON TELEVISION 6358 04:50:06,001 --> 04:50:11,000 ALREADY, AND THAT'S THE CONGRESS 6359 04:50:11,001 --> 04:50:13,000 OF THE UNITED STATES, THROUGH 6360 04:50:13,001 --> 04:50:15,000 C-SPAN, WHAT GOES ON HERE IN 6361 04:50:15,001 --> 04:50:19,000 THIS CHAMBER AND OFTEN IN OUR 6362 04:50:19,001 --> 04:50:22,000 COMMITTEE ROOMS GO OUT ALL OVER 6363 04:50:22,001 --> 04:50:25,000 WE GET PHONE CALLS IN MANY 6364 04:50:25,001 --> 04:50:28,000 INSTANCES FROM THE C-SPAN 6365 04:50:28,001 --> 04:50:29,000 WATCHERS, AND I THINK IT'S AN 6366 04:50:29,001 --> 04:50:31,000 OUTSTANDING TOOL. 6367 04:50:31,001 --> 04:50:32,000 YOU KNOW, MR. PRESIDENT, IF YOU 6368 04:50:32,001 --> 04:50:34,000 WATCHED WHAT WAS GOING ON HERE 6369 04:50:34,001 --> 04:50:35,000 ALL DAY, YOU'D WONDER, WELL, 6370 04:50:35,001 --> 04:50:37,000 WHAT ARE THEY DOING? 6371 04:50:37,001 --> 04:50:39,000 AND I THINK WE'VE KIND OF LOST 6372 04:50:39,001 --> 04:50:40,000 SIGHT IN LIGHT OF SOME OF THE 6373 04:50:40,001 --> 04:50:43,000 AMENDMENTS THAT WERE OFFERED 6374 04:50:43,001 --> 04:50:45,000 JUST WHAT IS THE PENDING 6375 04:50:45,001 --> 04:50:47,000 BUSINESS ON THE FLOOR OF THE SENATE TODAY. 6376 04:50:47,001 --> 04:50:50,000 AS THE PERSON WHO CHAIRS THE 6377 04:50:50,001 --> 04:50:54,000 SUBCOMMITTEE ON APPROPRIATIONS 6378 04:50:54,001 --> 04:50:55,000 ON COMMERCE, JUSTICE, AND 6379 04:50:55,001 --> 04:50:56,000 SCIENCE, I WOULD JUST LIKE TO 6380 04:50:56,001 --> 04:50:57,000 SAY TO THE AMERICAN PEOPLE 6381 04:50:57,001 --> 04:50:59,000 WATCHING AND TO MY COLLEAGUES, 6382 04:50:59,001 --> 04:51:00,000 TO REMIND THEM WHAT IS THE 6383 04:51:00,001 --> 04:51:03,000 PENDING BUSINESS. 6384 04:51:03,001 --> 04:51:06,000 WELL, THE PENDING BUSINESS IS 6385 04:51:06,001 --> 04:51:08,000 HOW SHOULD WE BEST FUND THOSE 6386 04:51:08,001 --> 04:51:10,000 IMPORTANT AGENCIES AT THE 6387 04:51:10,001 --> 04:51:14,000 COMMERCE DEPARTMENT THAT PROMOTE 6388 04:51:14,001 --> 04:51:18,000 TRADE AND SCIENTIFIC INNOVATION, 6389 04:51:18,001 --> 04:51:19,000 TO ALSO THE JUSTICE DEPARTMENT 6390 04:51:19,001 --> 04:51:22,000 RENDERING IMPARTIAL JUSTICE, 6391 04:51:22,001 --> 04:51:25,000 ENFORCING THE LAWS ON THE BOOKS, 6392 04:51:25,001 --> 04:51:27,000 TO IMPORTANT SCIENCE AGENCIES 6393 04:51:27,001 --> 04:51:30,000 LIKE THE AMERICAN SPACE PROGRAM. 6394 04:51:30,001 --> 04:51:33,000 WHAT THE APPROPRIATIONS BILL IS 6395 04:51:33,001 --> 04:51:36,000 S. IS IT DETERMINES WHAT GOES IN 6396 04:51:36,001 --> 04:51:37,000 THE FEDERAL CHECKBOOK, WHAT GOES 6397 04:51:37,001 --> 04:51:38,000 IN THE FEDERAL CHECKBOOK TO FUND 6398 04:51:38,001 --> 04:51:42,000 THESE PROGRAMS. 6399 04:51:42,001 --> 04:51:44,000 I'M VERY PROUD OF THE WAY THAT 6400 04:51:44,001 --> 04:51:47,000 WE HAVE, IN OUR SUBCOMMITTEE, 6401 04:51:47,001 --> 04:51:49,000 WORKED ON A BIPARTISAN BASIS TO 6402 04:51:49,001 --> 04:51:53,000 BRING A BILL TO THE FLOOR THAT 6403 04:51:53,001 --> 04:51:57,000 WE BELIEVE PRIORITIES. 6404 04:51:57,001 --> 04:52:01,000 I'VE WORKED HAND IN HAND 6405 04:52:01,001 --> 04:52:03,000 RANKING MEMBER, THE REPUBLICAN 6406 04:52:03,001 --> 04:52:04,000 SENATOR FROM ALABAMA, SENATOR 6407 04:52:04,001 --> 04:52:09,000 SHELBY. 6408 04:52:09,001 --> 04:52:11,000 AND WE THINK WE'VE GOT GOT GOOD LEGISLATION. 6409 04:52:11,001 --> 04:52:13,000 WELL, WHAT DO WE LIKE ABOUT IT? 6410 04:52:13,001 --> 04:52:16,000 WELL, FIRST OF ALL, WHAT WE LIKE 6411 04:52:16,001 --> 04:52:22,000 ABOUT IT IS THAT WE 6412 04:52:22,001 --> 04:52:25,000 TO BE ABLE TO PROMOTE INNOVATION 6413 04:52:25,001 --> 04:52:28,000 AND COMPETION IN OUR SOCIETY. 6414 04:52:28,001 --> 04:52:31,000 WE'RE IN A TERRIBLE ECONOMIC MESS. 6415 04:52:31,001 --> 04:52:34,000 OUR ECONOMY IS ROCKING AND ROLLING. 6416 04:52:34,001 --> 04:52:35,000 THE FACT IS THAT WE STILL DON'T 6417 04:52:35,001 --> 04:52:37,000 HAVE 6418 04:52:37,001 --> 04:52:39,000 SO WHERE -- WHAT ABOUT THESE JOBS? 6419 04:52:39,001 --> 04:52:42,000 WELL, WHAT WE DO IS THAT WE WANT 6420 04:52:42,001 --> 04:52:43,000 TO TALK ABOUT THE ROLL OF THE 6421 04:52:43,001 --> 04:52:46,000 COMMERCE DEPARTMENT IN COMING UP 6422 04:52:46,001 --> 04:52:49,000 WITH THE NEW -- PROTECTING -- 6423 04:52:49,001 --> 04:52:50,000 MAKING SURE THAT WE HAVE AN 6424 04:52:50,001 --> 04:52:51,000 INNOVATION-FRIENDLY GOVERNMENT. 6425 04:52:51,001 --> 04:52:52,000 INNOVATION IS IMPORTANT BECAUSE 6426 04:52:52,001 --> 04:52:57,000 IT'S WHERE THE NEW IDEAS COME 6427 04:52:57,001 --> 04:52:59,000 FROM THAT CREATE THE NEW IDEAS 6428 04:52:59,001 --> 04:53:00,000 -- THE NEW IDEAS THAT CREATE THE 6429 04:53:00,001 --> 04:53:02,000 NEW 6430 04:53:02,001 --> 04:53:03,000 JOBS. 6431 04:53:03,001 --> 04:53:06,000 I NOTE THAT THE PRESIDING 6432 04:53:06,001 --> 04:53:08,000 OFFICER IS FROM THE STATE OF OHIO. 6433 04:53:08,001 --> 04:53:11,000 LIKE MY 6434 04:53:11,001 --> 04:53:14,000 BEEN VERY HARD HIT. 6435 04:53:14,001 --> 04:53:18,000 MANY OF THE TRADITIONAL WAYS OF 6436 04:53:18,001 --> 04:53:21,000 LIFE ARE NOT THERE, AND WE HAVE 6437 04:53:21,001 --> 04:53:24,000 TO LOOK AHEAD TO WHAT IS 6438 04:53:24,001 --> 04:53:25,000 PROMOTING AN INNOVATION-FRIENDLY GOVERNMENT. 6439 04:53:25,001 --> 04:53:27,000 WELL, RIGHT THERE IN THE 6440 04:53:27,001 --> 04:53:28,000 COMMERCE DEPARTMENT IS THE 6441 04:53:28,001 --> 04:53:31,000 BUREAU OF INDUSTRY AND SECURITY, 6442 04:53:31,001 --> 04:53:34,000 WHICH MAKES SURE THAT WE ARE 6443 04:53:34,001 --> 04:53:35,000 ABLE TO PROVIDE EXPORTS TO OUR 6444 04:53:35,001 --> 04:53:36,000 TECHNOLOGY. 6445 04:53:36,001 --> 04:53:39,000 WE HAVE THE PATENT AND TRADE 6446 04:53:39,001 --> 04:53:41,000 OFFICE, WHICH IS THE GUARDIAN OF 6447 04:53:41,001 --> 04:53:42,000 OUR INTELLECTUAL PROPERTY AROUND 6448 04:53:42,001 --> 04:53:48,000 THE WORLD. 6449 04:53:48,001 --> 04:53:51,000 IT PROTECTS IDEAS, AND STHOAS 6450 04:53:51,001 --> 04:53:54,000 THAT COME U -- AND THOSE THAT COME UP 6451 04:53:54,001 --> 04:53:57,000 WITH THE INVENTIONS, AS PRIVATE 6452 04:53:57,001 --> 04:54:00,000 PROPERTY, THE HALLMARK OF 6453 04:54:00,001 --> 04:54:05,000 CAPILISM, THE ABILITY TO OWN 6454 04:54:05,001 --> 04:54:06,000 PRIVATE PPERTY. 6455 04:54:06,001 --> 04:54:09,000 WHEN YOU COME UP WITH NEW 6456 04:54:09,001 --> 04:54:10,000 PRODUCTS, YOU ALSO HAVE TO HAVE 6457 04:54:10,001 --> 04:54:13,000 STANDARDS SO THAT YOU KNOW, A 6458 04:54:13,001 --> 04:54:17,000 YARDSTICK MEANS THE SAME IN THE 6459 04:54:17,001 --> 04:54:19,000 UNITED 6460 04:54:19,001 --> 04:54:20,000 ANOTHER COUNTRY -- OR THE METRIC 6461 04:54:20,001 --> 04:54:23,000 SYSTEM. 6462 04:54:23,001 --> 04:54:29,000 WHAT THE NATIONAL INSTITUTE OF 6463 04:54:29,001 --> 04:54:31,000 STANDARDS FOR PRODUCTS THAT WILL 6464 04:54:31,001 --> 04:54:33,000 ENABLE THE PRIVATE SECTOR TO BE 6465 04:54:33,001 --> 04:54:36,000 ABLE TO COMPETE BOTH AMONG 6466 04:54:36,001 --> 04:54:38,000 THEMSELVES AND AROUND THE WORLD. 6467 04:54:38,001 --> 04:54:40,000 I'M REALLY PROUD OF THEM. 6468 04:54:40,001 --> 04:54:44,000 THEY'RE LOCATED IN MARYLAND. 6469 04:54:44,001 --> 04:54:47,000 BUT EVEN IF THEY WERE LOCATED IN 6470 04:54:47,001 --> 04:54:48,000 UTAH OR WYOMING, I'D BE PROUD OF 6471 04:54:48,001 --> 04:54:51,000 THEM, BECAUSE IT IS THERE THAT 6472 04:54:51,001 --> 04:54:53,000 THEY SET THE STANDARDS WHICH 6473 04:54:53,001 --> 04:54:56,000 HELP SET THE PACE FOR AMERICA 6474 04:54:56,001 --> 04:54:59,000 BEING ABLE TO COMPETE. 6475 04:54:59,001 --> 04:55:00,000 MUCH IS SAID ABOUT OUR ARMS 6476 04:55:00,001 --> 04:55:03,000 RACE, BUT ONE OF THE RACES THAT 6477 04:55:03,001 --> 04:55:07,000 WE'VE BEEN IN IS THE RACE FOR AMERICA'S FUTURE. 6478 04:55:07,001 --> 04:55:09,000 AND ONE OF THE AGENCIES THAT IS 6479 04:55:09,001 --> 04:55:12,000 THE 6480 04:55:12,001 --> 04:55:14,000 TECHNOLOGY -- INVENTOR OF 6481 04:55:14,001 --> 04:55:15,000 TECHNOLOGY HAS BEEN THE NATIONAL 6482 04:55:15,001 --> 04:55:17,000 SPACE EASMGHTS WE'VE ALL BEEN 6483 04:55:17,001 --> 04:55:18,000 THRILLED TO WATCH OUR ASTRONAUT 6484 04:55:18,001 --> 04:55:19,000 GOES INTO SPACE. 6485 04:55:19,001 --> 04:55:22,000 MANY OF US, PARTICULARLY THIS 6486 04:55:22,001 --> 04:55:27,000 SUMMER, WERE EXCITED ABOUT THE 6487 04:55:27,001 --> 04:55:29,000 -- TAKING THE BOLD ASTRONAUTS -- 6488 04:55:29,001 --> 04:55:31,000 THE BOLD AND COURAGEOUS 6489 04:55:31,001 --> 04:55:32,000 ASTRONAUTS BEING ABLE TO 6490 04:55:32,001 --> 04:55:34,000 RETROFIT HUBBLE WITH NEW 6491 04:55:34,001 --> 04:55:36,000 BATTERIES AND A NEW CAMERA SO 6492 04:55:36,001 --> 04:55:38,000 THAT WE CAN DO THE SCIENTIFIC 6493 04:55:38,001 --> 04:55:40,000 WORK SO NEEDED AND SEND HUBBLE 6494 04:55:40,001 --> 04:55:42,000 ON ITS FINAL JOURNEY. 6495 04:55:42,001 --> 04:55:45,000 IT WAS THERE AT THE NATIONAL 6496 04:55:45,001 --> 04:55:48,000 SPACE AGENCY, THOUGH, THAT SO 6497 04:55:48,001 --> 04:55:49,000 MUCH INVENTION OF NEW TECHNOLOGY 6498 04:55:49,001 --> 04:55:51,000 OCCURS. 6499 04:55:51,001 --> 04:55:54,000 AS SOMEONE WHO'S SPOKEN OUT SO 6500 04:55:54,001 --> 04:55:57,000 MUCH FOR WOMEN'S HEALTH AND ALSO 6501 04:55:57,001 --> 04:55:58,000 THE DESIRE TO PREVENT BREAST 6502 04:55:58,001 --> 04:56:01,000 CANCER, ONE OF THE THINGS I'M 6503 04:56:01,001 --> 04:56:04,000 REALLY PROUD OF IS THAT OUT OF 6504 04:56:04,001 --> 04:56:07,000 NASA X-RAY TECHNOLOGY, WE'VE 6505 04:56:07,001 --> 04:56:08,000 BEEN ABLE TO DEVELOP OTHER 6506 04:56:08,001 --> 04:56:12,000 PRODUCTS FORHE CIVILIAN 6507 04:56:12,001 --> 04:56:13,000 POPULATION, LIKE DIGITAL MAMMOGRAPHY. 6508 04:56:13,001 --> 04:56:19,000 YOU KNOW, A FEW MONTHS AGO, I 6509 04:56:19,001 --> 04:56:22,000 GROK MBROKE MY ANGLE AND THEN WORRY -- 6510 04:56:22,001 --> 04:56:23,000 MY ANKLE AND THEN WORE A BOOT 6511 04:56:23,001 --> 04:56:26,000 THAT LOOKED LIKE A SPACE BOOT. 6512 04:56:26,001 --> 04:56:29,000 I'D LOVE TO WEAR A SPACE 6513 04:56:29,001 --> 04:56:30,000 WORN BY SALLY RIDE OR ONE OF OUR 6514 04:56:30,001 --> 04:56:31,000 GRAILT WOMEN ASTRONAUTS. 6515 04:56:31,001 --> 04:56:32,000 BUT THE FACT IS IT WAS 6516 04:56:32,001 --> 04:56:35,000 TECHNOLOGY 6517 04:56:35,001 --> 04:56:37,000 OUR ASTRONAUTS THAT NOW KNOW HOW 6518 04:56:37,001 --> 04:56:39,000 TO PROTECT US HERE ON EARTH. 6519 04:56:39,001 --> 04:56:42,000 I MEAN, THIS IS WHAT WE'RE TALKING ABOUT HERE. 6520 04:56:42,001 --> 04:56:45,000 SHOULD WE FUND THESE AGENCIES? 6521 04:56:45,001 --> 04:56:47,000 SHOULD WE BE ABLE TO MAKE PUBLIC 6522 04:56:47,001 --> 04:56:48,000 INVESTMENTS THAT LEAD TO 6523 04:56:48,001 --> 04:56:52,000 PRIVATE-SECTOR JOBS? 6524 04:56:52,001 --> 04:56:57,000 AND WHILE WE'RE FIGHTING OVER, 6525 04:56:57,001 --> 04:56:59,000 SHOULD WE HAVE THIS PRISON OVER 6526 04:56:59,001 --> 04:57:03,000 GITMO AND OTHER KINDS OF 6527 04:57:03,001 --> 04:57:06,000 HAVE A DUTY TO BE ABLE TO 6528 04:57:06,001 --> 04:57:08,000 PROMOTE THOSE AGENCIES THAT 6529 04:57:08,001 --> 04:57:11,000 PROMOTE PRIVATE-SECTOR JOBS. 6530 04:57:11,001 --> 04:57:13,000 THE OTHER AREA THAT I'M VERY 6531 04:57:13,001 --> 04:57:15,000 PROUD OF IN THIS BILL IS OUR 6532 04:57:15,001 --> 04:57:18,000 SUPPORT OF LAW ENFORCEMENT. 6533 04:57:18,001 --> 04:57:20,000 YES, WE SUPPORT FEDERAL LAW 6534 04:57:20,001 --> 04:57:22,000 ENFORCEMENT -- OUR F.B.I., OUR 6535 04:57:22,001 --> 04:57:24,000 MARSHAL SERVICE, AS WL AS OUR 6536 04:57:24,001 --> 04:57:27,000 BUREAU OF ALCOHOL AND FIREARMS. 6537 04:57:27,001 --> 04:57:30,000 BUT I'M ALSO PROUD OF THE FACT 6538 04:57:30,001 --> 04:57:32,000 THAT WE SUPPORT THAT THIN BLUE 6539 04:57:32,001 --> 04:57:36,000 LINE OF LOCAL LAW ENFORCEMENT. 6540 04:57:36,001 --> 04:57:38,000 FOR MANY OF OUR COMMUNITIES, 6541 04:57:38,001 --> 04:57:40,000 MAYORS AND COUNTY EXECUTIVES ARE 6542 04:57:40,001 --> 04:57:42,000 STRETCHED TO THE LIMIT. 6543 04:57:42,001 --> 04:57:43,000 SO SOMETIMES THE PEOPLE WHO 6544 04:57:43,001 --> 04:57:46,000 COMMIT CRIMES ARE BETTER ARMED 6545 04:57:46,001 --> 04:57:48,000 AND HAVE THE LATEST TECHNOLOGY 6546 04:57:48,001 --> 04:57:50,000 MORE THAN OUR COPS ON THE BEAT. 6547 04:57:50,001 --> 04:57:53,000 THROUGH A PROGRAM CALLED "THE 6548 04:57:53,001 --> 04:57:55,000 BYRNE GRANTS," THE 6549 04:57:55,001 --> 04:57:57,000 APPLY FOR FEDERAL FUNDS TO BE 6550 04:57:57,001 --> 04:57:59,000 ABLE TO MODERNIZE THEMSELVES. 6551 04:57:59,001 --> 04:58:00,000 WE DON'T FUNDING. 6552 04:58:00,001 --> 04:58:02,000 WE WANT THIS BILL TO 6553 04:58:02,001 --> 04:58:04,000 WE WANT THINGS TO HAPPEN. 6554 04:58:04,001 --> 04:58:06,000 AND WE'RE GOING TO -- THAT'S 6555 04:58:06,001 --> 04:58:07,000 WHAT THIS BILL IS. 6556 04:58:07,001 --> 04:58:09,000 WE'V WORKED VERY HARD -- 6557 04:58:09,001 --> 04:58:11,000 SENATOR SHELBY AND I HELD HEARINGS. 6558 04:58:11,001 --> 04:58:12,000 WE HELD MEETINGS. 6559 04:58:12,001 --> 04:58:13,000 WE MET WITH LOCAL LAW 6560 04:58:13,001 --> 04:58:14,000 ENFORCEMENT. 6561 04:58:14,001 --> 04:58:16,000 BUT ALONG WITH THAT, TOO, WE 6562 04:58:16,001 --> 04:58:18,000 TOOKHE TIME TO MEET WITH THE 6563 04:58:18,001 --> 04:58:19,000 PEOPLE WHO'VE BEEN VICTIMS OF 6564 04:58:19,001 --> 04:58:20,000 BATTERED WOMEN. 6565 04:58:20,001 --> 04:58:21,000 WE FUND THE VIOLENCE AGAINST 6566 04:58:21,001 --> 04:58:23,000 WOMEN ACT. 6567 04:58:23,001 --> 04:58:26,000 DO YOU KNOW THAT SINCE JOE BIDEN 6568 04:58:26,001 --> 04:58:28,000 CREATED THAT PROGRAM, OVER 1 6569 04:58:28,001 --> 04:58:30,000 MILLION PEOPLE HAV CALLED THE 6570 04:58:30,001 --> 04:58:33,000 HOTLINE THAT WE'VE PROTECTED 6571 04:58:33,001 --> 04:58:36,000 OVER 1 MILLION WOMEN FROM BEING 6572 04:58:36,001 --> 04:58:38,000 ABUSED AND MAYBE EVEN FACING 6573 04:58:38,001 --> 04:58:40,000 VIOLENCE OF SUCH A DEGREE THAT 6574 04:58:40,001 --> 04:58:43,000 IT THREATENED THEIR LIVES. 6575 04:58:43,001 --> 04:58:44,000 SO, MR. PRESIDENT, THIS ISN'T 6576 04:58:44,001 --> 04:58:46,000 ONLY ABOUT SPENDING. 6577 04:58:46,001 --> 04:58:48,000 THESE ARE ABOUT PUBLIC 6578 04:58:48,001 --> 04:58:50,000 INVESTMENTS THAT PROTECT OUR 6579 04:58:50,001 --> 04:58:54,000 COMMUNITIES AND PROTECT AMERICAN JOBS. 6580 04:58:54,001 --> 04:58:56,000 I REALLY 6581 04:58:56,001 --> 04:58:58,000 WOULD COME AND AGREE TO OFFER -- 6582 04:58:58,001 --> 04:59:00,000 COMPLETE THE DISCUSSION ON THEIR 6583 04:59:00,001 --> 04:59:03,000 AMENDMENTS SO THAT WE COULD MOVE 6584 04:59:03,001 --> 04:59:07,000 AHEAD WITH VOTES AND IMR BRING IN 6585 04:59:07,001 --> 04:59:08,000 BILINTHIS BILL IT A CLOSE SO IT IS 6586 04:59:08,001 --> 04:59:10,000 THAT WE COULD GO TO CONFERENCE WITH THE HOUSE. 6587 04:59:10,001 --> 04:59:12,000 I NOTE THAT THE GENTLELADY FROM 6588 04:59:12,001 --> 04:59:15,000 LEWIS SLEWS ON THE FLOOR. 6589 04:59:15,001 --> 04:59:19,000 I WANT TO SINGLE HER OUT FOR AS 6590 04:59:19,001 --> 04:59:21,000 THEY SAY IN THE COLLOQUIALISM 6591 04:59:21,001 --> 04:59:22,000 TODAY, "DO A SHOUT OUT." 6592 04:59:22,001 --> 04:59:23,000 THE SENATOR FROM LOUISIANA IS 6593 04:59:23,001 --> 04:59:25,000 WELL-KNOWNOR HER WORK ON 6594 04:59:25,001 --> 04:59:26,000 ADOPTION AND I SALUTE HER FOR 6595 04:59:26,001 --> 04:59:28,000 THAT. 6596 04:59:28,001 --> 04:59:30,000 ALSO 6597 04:59:30,001 --> 04:59:32,000 ALSO AN INTERNATIONAL ADOPTION 6598 04:59:32,001 --> 04:59:34,000 IN MAKING SURE THAT THE LAWS ARE 6599 04:59:34,001 --> 04:59:35,000 OBEYED AND TOAKE SURE THAT AS 6600 04:59:35,001 --> 04:59:37,000 PEOPLE SEEK INTERNATIONAL 6601 04:59:37,001 --> 04:59:38,000 ADOPTION, THERE'S NOT THE 6602 04:59:38,001 --> 04:59:41,000 EXPLOITATION OF THOSE CHILDREN. 6603 04:59:41,001 --> 04:59:43,000 WE WORK WITH THAT IN OUR BILL, 6604 04:59:43,001 --> 04:59:45,000 AND WE ALSO WANT TO MAKE SURE WE 6605 04:59:45,001 --> 04:59:46,000 PROTECT MISSING AND EXPLOITED 6606 04:59:46,001 --> 04:59:49,000 CHILDREN IN OUR OWN COUNTRY. 6607 04:59:49,001 --> 04:59:51,000 YOU KNOW, WE'VE SEEN HORRIFIC 6608 04:59:51,001 --> 04:59:52,000 AND GHOULISH AND GRISLY THINGS 6609 04:59:52,001 --> 04:59:55,000 DONE TOOUNG PEOPLE THAT HAVE 6610 04:59:55,001 --> 04:59:58,000 BEEN PICKED UP. 6611 04:59:58,001 --> 05:00:00,000 THANKS TO THE ADAM WALSH ACT, 6612 05:00:00,001 --> 05:00:03,000 WE'RE STOPPING THAT, AND WE HAVE 6613 05:00:03,001 --> 05:00:04,000 TOUGH, TOUGH LAWS NOW AGAINST 6614 05:00:04,001 --> 05:00:05,000 SEXUAL PREDATORS AND A WAY TO 6615 05:00:05,001 --> 05:00:06,000 KEEP THEM OFF THE STREETS AND 6616 05:00:06,001 --> 05:00:09,000 KEEP THEM REGISTERED. 6617 05:00:09,001 --> 05:00:12,000 AND WE'VE GOT THE MONEY IN THE 6618 05:00:12,001 --> 05:00:15,000 FEDERAL CHECKBOOK TO DO THAT. 6619 05:00:15,001 --> 05:00:16,000 SO, MR. PRESIDENT, I REALLY LIKE 6620 05:00:16,001 --> 05:00:19,000 THIS SUBCOMMITTEE BECAUSE IT 6621 05:00:19,001 --> 05:00:20,000 DOES PROTECT AMERICAN JOBS, IT 6622 05:00:20,001 --> 05:00:22,000 DOES PROTECT AMERICAN 6623 05:00:22,001 --> 05:00:23,000 COMMUNITIES, IT DOES PROTECT THE 6624 05:00:23,001 --> 05:00:26,000 AMERICAN PEOPLE. 6625 05:00:26,001 --> 05:00:28,000 AND I REALLY HOPE THAT TODAY WE 6626 05:00:28,001 --> 05:00:33,000 CAN CONCLUDE OUR DEBATE ON THE 6627 05:00:33,001 --> 05:00:34,000 FIVE PENDING AMENDMENTS, MOVE TO 6628 05:00:34,001 --> 05:00:36,000 VOTES, AND TRY TO GET OUR 6629 05:00:36,001 --> 05:00:38,000 COUNTRY AND OUR ECONOMY BAC 6630 05:00:38,001 --> 05:00:39,000 MR. PRESIDENT, I YIELD THE 6631 05:00:39,001 --> 05:00:40,000 FLOOR. 6632 05:00:40,001 --> 05:00:41,000 A SENATOR: MR. PRESIDENT? 6633 05:00:41,001 --> 05:00:43,000 THE PRESIDING OFFICER: 6634 05:00:43,001 --> 05:00:44,000 SENATO RECOGNIZED. 6635 05:00:44,001 --> 05:00:46,000 MR. COBURN: I'D ASK UNANIMOUS 6636 05:00:46,001 --> 05:00:47,000 CONSENT THAT THE SENATOR FROM 6637 05:00:47,001 --> 05:00:48,000 LOUISIANA BE RECOGNIZED FOR 6638 05:00:48,001 --> 05:00:51,000 THREE MINUTES AND I FOLLOW WITH 6639 05:00:51,001 --> 05:00:52,000 THE 30 MINUTES THAT I HAD 6640 05:00:52,001 --> 05:00:53,000 THE PRESIDING OFFICER: IS THERE OBJECTION? 6641 05:00:53,001 --> 05:00:55,000 SO 6642 05:00:55,001 --> 05:00:56,000 THE SENIOR SENATOR FROM 6643 05:00:56,001 --> 05:00:58,000 LOUISIANA IS RECOGNIZED. 6644 05:00:58,001 --> 05:01:00,000 MS. LANDRIEU: THANK YOU, MR. PRESIDENT. 6645 05:01:00,001 --> 05:01:03,000 I APPRECIATE THE COMMENTS FROM 6646 05:01:03,001 --> 05:01:05,000 OUR LEADER, SENATOR MIKULSKI, 6647 05:01:05,001 --> 05:01:06,000 FROM MARYLAND, WHO DOES A 6648 05:01:06,001 --> 05:01:07,000 MAGNIFICENT JOB AS A MEMBER OF 6649 05:01:07,001 --> 05:01:09,000 THE APPROPRIATIONS COMMITTEE, 6650 05:01:09,001 --> 05:01:11,000 AND PARTICULARLY IN THIS AREA 6651 05:01:11,001 --> 05:01:12,000 SHE FEELS PASSIONATE ABOUT, AND 6652 05:01:12,001 --> 05:01:15,000 I LOOK FORWARD TO CONTINUING TO 6653 05:01:15,001 --> 05:01:17,000 WORK WITH HER AND ALSO CRIMINAL 6654 05:01:17,001 --> 05:01:19,000 JUSTICE AREAS, PARTICULARLY AS 6655 05:01:19,001 --> 05:01:21,000 IT RELATES TO THE PROTECTION OF CHILDREN. 6656 05:01:21,001 --> 05:01:22,000 I THANK HER FOR THOSE COMMENTS. 6657 05:01:22,001 --> 05:01:24,000 I THANK THE SENATOR FOR GIVING 6658 05:01:24,001 --> 05:01:26,000 ME A CHANCE TO SPEAK VERY, VERY 6659 05:01:26,001 --> 05:01:28,000 BRIEFLY TO DO TWO THINGS. 6660 05:01:28,001 --> 05:01:29,000 ONE, TO PUT IN A FLOOR 6661 05:01:29,001 --> 05:01:32,000 ON AN AMENDMENT THA 6662 05:01:32,001 --> 05:01:36,000 PROPOSED ON THIS BILL BY SENATOR 6663 05:01:36,001 --> 05:01:37,000 VITTER THAT RELATED TO ADDING A 6664 05:01:37,001 --> 05:01:40,000 QUESTION TO THE CENSUS. 6665 05:01:40,001 --> 05:01:43,000 I HAVE SPOKEN ON THIS SEVERAL TIMES. 6666 05:01:43,001 --> 05:01:45,000 I'VE SUBMITTED SEVERAL LETTERS 6667 05:01:45,001 --> 05:01:47,000 ON THIS, ONE TO HIM PERSONALLY. 6668 05:01:47,001 --> 05:01:48,000 AND I WANTED TO JUST SUBMIT THIS 6669 05:01:48,001 --> 05:01:52,000 FOR THE RECORD. 6670 05:01:52,001 --> 05:01:53,000 AND I'D LIKE TO TURN IT IN NOW. 6671 05:01:53,001 --> 05:01:55,000 THE PRESIDING OFFICER: WITHOUT OBJECTION, SO ORDERED. 6672 05:01:55,001 --> 05:01:57,000 MS. AND I ASK UNANIMOUS CONSENT FOR 6673 05:01:57,001 --> 05:01:58,000 IT TO BE INCLUDED. 6674 05:01:58,001 --> 05:02:01,000 BUT, SECON 6675 05:02:01,001 --> 05:02:03,000 WANT TO QUICKLY JUST TO, SINCE 6676 05:02:03,001 --> 05:02:05,000 PUERTO RICO 6677 05:02:05,001 --> 05:02:06,000 SENATOR, AS IT IS STILL A 6678 05:02:06,001 --> 05:02:09,000 TERRITORY AND NOT A STATE, I 6679 05:02:09,001 --> 05:02:12,000 WANTED TO TAKE THE 6680 05:02:12,001 --> 05:02:16,000 TO JUST EXPRESS TO THE PEOPLE OF 6681 05:02:16,001 --> 05:02:17,000 PUERTO RICO OUR SADNESS ABOUT A 6682 05:02:17,001 --> 05:02:19,000 TERRIBLE EXPLOSION THAT HAPPENED 6683 05:02:19,001 --> 05:02:22,000 THERE JUST RECENTLY, ON OCTOBER 24. 6684 05:02:22,001 --> 05:02:23,000 IT OCCURRED AT ONE OF THEIR 6685 05:02:23,001 --> 05:02:25,000 MAJOR REFINERIES. 6686 05:02:25,001 --> 05:02:26,000 THIS CAME TO MY ATTENTION FOR 6687 05:02:26,001 --> 05:02:28,000 TWO REASONS. 6688 05:02:28,001 --> 05:02:30,000 ONE, WE ALSO HAVE A LOT OF 6689 05:02:30,001 --> 05:02:31,000 REFINERIES IN LOUISIANA, SO 6690 05:02:31,001 --> 05:02:32,000 WE'RE SENSITIVE THAT ACCIDENTS 6691 05:02:32,001 --> 05:02:34,000 LIKE THIS CAN HAPPEN. 6692 05:02:34,001 --> 05:02:36,000 BUT ALSO, AS THE CHAIR OF THE 6693 05:02:36,001 --> 05:02:38,000 SMALL BUSINESS -- NOT THE SMALL 6694 05:02:38,001 --> 05:02:40,000 BUSINESS COMMITTEE, THE 6695 05:02:40,001 --> 05:02:41,000 SUBCOMMITTEE ON DISASTER 6696 05:02:41,001 --> 05:02:42,000 RESPONSE, I WANTED TO SAY A 6697 05:02:42,001 --> 05:02:44,000 MINUTE ABOUT THIS. 6698 05:02:44,001 --> 05:02:46,000 THIS FIRE BURNED FOR 24 HOURS. 6699 05:02:46,001 --> 05:02:48,000 IT DESTROYED 2 6700 05:02:48,001 --> 05:02:49,000 STORAGE TANKS. 6701 05:02:49,001 --> 05:02:50,000 THANKFULLY AND AMAZINGLY, NO ONE 6702 05:02:50,001 --> 05:02:52,000 WAS KILLED. 6703 05:02:52,001 --> 05:02:54,000 AND I COME TO THE FLOOR TO 6704 05:02:54,001 --> 05:02:56,000 CONGRATULATE THE LOCAL 6705 05:02:56,001 --> 05:02:58,000 OFFICIALS, THE GOVERNOR, THE 6706 05:02:58,001 --> 05:03:00,000 FEMA REPRESENTATIVES, THE LAW 6707 05:03:00,001 --> 05:03:03,000 ENFORCEMENT THAT RESPONDED TO 6708 05:03:03,001 --> 05:03:06,000 THIS HORRIFIC DISASTER. 6709 05:03:06,001 --> 05:03:08,000 1,500 PEOPLE WERE EVACUATED, 596 6710 05:03:08,001 --> 05:03:12,000 PEOPLE WERE SHELTERED OUTSIDE OF 6711 05:03:12,001 --> 05:03:13,000 THE IMPACTED AREA, 130 FRIGHTS 6712 05:03:13,001 --> 05:03:15,000 AND NATIONAL GUARD TROOPS WORKED 6713 05:03:15,001 --> 05:03:17,000 TO BRING THE INFERNO UNDER CONTROL. 6714 05:03:17,001 --> 05:03:18,000 THE GOOD NEWS IS THEY DID. 6715 05:03:18,001 --> 05:03:20,000 THE PURPOSE OF THIS COMMENT, FOR 6716 05:03:20,001 --> 05:03:23,000 THE RECORD, IS JUST TO SAY THAT 6717 05:03:23,001 --> 05:03:25,000 TRAINING AND PREPAREDNESS HELP. 6718 05:03:25,001 --> 05:03:27,000 THE MEMBERS OF THIS 6719 05:03:27,001 --> 05:03:28,000 DEMOCRATS AND REPUBLICANS, 6720 05:03:28,001 --> 05:03:32,000 SUPPORTED ADDITIONAL FUNDING IN 6721 05:03:32,001 --> 05:03:33,000 LAST YEAR'S BILL FOR FEMA FOR 6722 05:03:33,001 --> 05:03:35,000 LOCAL TRAING. 6723 05:03:35,001 --> 05:03:38,000 CONGRESS RECOGNIZED THE 6724 05:03:38,001 --> 05:03:41,000 IMPORTANCE OF TRAING SINCE 6725 05:03:41,001 --> 05:03:43,000 19 -- SINCE 2007, AND 6726 05:03:43,001 --> 05:03:44,000 APPROPRIATED OVER $250 MILLION 6727 05:03:44,001 --> 05:03:46,000 EACH YEA IN GRANTS. 6728 05:03:46,001 --> 05:03:49,000 THE 6729 05:03:49,001 --> 05:03:50,000 MANAGEMENT REFORM GAVE FEMA 6730 05:03:50,001 --> 05:03:51,000 REGIONAL ADMINISTRATORS SPECIFIC 6731 05:03:51,001 --> 05:03:52,000 RESPONSIBILITY FOR COORDINATING 6732 05:03:52,001 --> 05:03:54,000 THAT TRAING. 6733 05:03:54,001 --> 05:03:57,000 I'M ENCOURAGED THAT FEMA SEEMS 6734 05:03:57,001 --> 05:03:59,000 TO HAVE LEARNED SOME OF THE 6735 05:03:59,001 --> 05:04:02,000 LESSONS FROM HURRICANES KATRINA 6736 05:04:02,001 --> 05:04:05,000 AND ALSO, OF COURSE, SEPTEMBER 6737 05:04:05,001 --> 05:04:09,000 11, WHICH IS NOW SEVERAL YEARS 6738 05:04:09,001 --> 05:04:11,000 BEHIND 6739 05:04:11,001 --> 05:04:12,000 BUT NONETHELESS, STILL ON OUR 6740 05:04:12,001 --> 05:04:14,000 MINDS. 6741 05:04:14,001 --> 05:04:15,000 SO I JUST WANTED TO COME TO SAY 6742 05:04:15,001 --> 05:04:16,000 THAT TRAING, THE APPROPRIATE 6743 05:04:16,001 --> 05:04:17,000 AMOUNTS OF I 6744 05:04:17,001 --> 05:04:19,000 TRAINING WORK. 6745 05:04:19,001 --> 05:04:21,000 NO ONE, AGAIN, WAS KILLED. 6746 05:04:21,001 --> 05:04:24,000 I WANT TO GIVE CREDIT TO FEMA 6747 05:04:24,001 --> 05:04:29,000 AND THE GOVERNOR OF PUERTO RICO, 6748 05:04:29,001 --> 05:04:31,000 LEWIS 6749 05:04:31,001 --> 05:04:32,000 ACTION IN KEEPING PEOPLE SAFE IN 6750 05:04:32,001 --> 05:04:33,000 RESPONSE TO THIS SITUATION. 6751 05:04:33,001 --> 05:04:39,000 HOPEFULLY WE'LL CONTINUE TO 6752 05:04:39,001 --> 05:04:40,000 REFINE OUR 6753 05:04:40,001 --> 05:04:42,000 MAKE DISASTER RESPONSE EVEN 6754 05:04:42,001 --> 05:04:44,000 BETTER FOR DISASTERS LIKE 6755 05:04:44,001 --> 05:04:45,000 THIS -- FOR 6756 05:04:45,001 --> 05:04:46,000 EARTHQUAKES OR ANYTHING THAT 6757 05:04:46,001 --> 05:04:48,000 COMES OUR 6758 05:04:48,001 --> 05:04:49,000 WE'LL BE READY IT 6759 05:04:49,001 --> 05:04:51,000 I YIELD THE FLOOR AND THANK THE 6760 05:04:51,001 --> 05:04:55,000 SENATOR FROM OKLAHOMA FOR BEING 6761 05:04:55,001 --> 05:04:58,000 GRACIOUS WITH HIS TIME. 6762 05:04:58,001 --> 05:05:00,000 MR. COBURN: THE PRESIDING OFFICER: THE 6763 05:05:00,001 --> 05:05:03,000 JUNIOR SENATOR FROM OKLAHOMA IS RECOGNIZED. . COBURN: THANK YOU. 6764 05:05:03,001 --> 05:05:04,000 I'M GOING TO SPEND ABOUT 20 6765 05:05:04,001 --> 05:05:05,000 MINUTES TALKING ABOUT AMENDMENTS 6766 05:05:05,001 --> 05:05:08,000 THAT I HAVE THAT ARE GERMANE AND 6767 05:05:08,001 --> 05:05:11,000 WE WILL BE VOTING ON. 6768 05:05:11,001 --> 05:05:14,000 BUT THEY'RE SMALL AMENDMENTS. 6769 05:05:14,001 --> 05:05:21,000 THERE'S NOTHING BIG HERE. 6770 05:05:21,001 --> 05:05:24,000 DESIGNED TO MAKE A POINT. 6771 05:05:24,001 --> 05:05:26,000 WE JUST RAN BY A FACTOR OF TWO 6772 05:05:26,001 --> 05:05:28,000 THE LARGEST DEFICIT IN THE 6773 05:05:28,001 --> 05:05:32,000 HISTORY OF THIS COUNTRY. 6774 05:05:32,001 --> 05:05:36,000 OF THE MONEY WE SPENT IN 2009 6775 05:05:36,001 --> 05:05:37,000 FISCAL YEAR, WE BORROWED 43% OF 6776 05:05:37,001 --> 05:05:40,000 IT. 6777 05:05:40,001 --> 05:05:45,000 43 CENTS OUT OF EVERY DOLLAR 6778 05:05:45,001 --> 05:05:47,000 THAT WE EXPENDED, WE BORROWED 6779 05:05:47,001 --> 05:05:48,000 FROM OUR CHILDREN AND OUR 6780 05:05:48,001 --> 05:05:52,000 GRANDCHILDREN. 6781 05:05:52,001 --> 05:05:57,000 AND WE HAVE BEFORE US A BILL, 6782 05:05:57,001 --> 05:06:02,000 THE COMMERCE-JUSTICE-SCIENCE 6783 05:06:02,001 --> 05:06:04,000 BILL, THAT WILL GO UP ALMOST 6784 05:06:04,001 --> 05:06:10,000 13%, 12.6% THIS YEAR, ON THE 6785 05:06:10,001 --> 05:06:13,000 BACK OF A 15.5% INCREASE YE. 6786 05:06:13,001 --> 05:06:17,000 AND THE LATEST INFLATION NUMBERS 6787 05:06:17,001 --> 05:06:19,000 ARE DEFLATION, MINUS .4%. 6788 05:06:19,001 --> 05:06:22,000 AND THE QUESTION AMERICA HAS TO 6789 05:06:22,001 --> 05:06:24,000 ASK ITSELF, AFTER WE PASS $800 6790 05:06:24,001 --> 05:06:26,000 BILLION OF STIMULUS SPENDING FOR 6791 05:06:26,001 --> 05:06:28,000 WHICH THIS AGENCY 6792 05:06:28,001 --> 05:06:31,000 WHICH IS NOT REFLECTED IN ANY OF 6793 05:06:31,001 --> 05:06:34,000 THESE INCREASES, HOW IS IT THAT 6794 05:06:34,001 --> 05:06:36,000 WHEN WE CAN SPEND $1.4 TRILLION 6795 05:06:36,001 --> 05:06:39,000 THAT WE DON'T HAVE AND WE CAN 6796 05:06:39,001 --> 05:06:40,000 COME TO THE FLOOR AND CONTINUE 6797 05:06:40,001 --> 05:06:44,000 TO HAVE DOUBLE-DIGIT INCREASES 6798 05:06:44,001 --> 05:06:47,000 IN ALMOST EVERYTHING THAT WE PASS? 6799 05:06:47,001 --> 05:06:48,000 IT DOESN'T 6800 05:06:48,001 --> 05:06:50,000 FIGURE OUT THAT IF WE KEEP DOING 6801 05:06:50,001 --> 05:06:52,000 WHAT WE'RE DOING, THAT I FOUR 6802 05:06:52,001 --> 05:06:58,000 AND A HALF YEARS THE SIZE OF THE FEDERAL GOVERNMENT DOUBLES. 6803 05:06:58,001 --> 05:07:00,000 IF YOU DO THIS FOR ANOTHER FOUR 6804 05:07:00,001 --> 05:07:01,000 YEARS, WE WILL DOUBLE THE SIZE 6805 05:07:01,001 --> 05:07:04,000 OF THE FEDERAL GOVERNMENT. 6806 05:07:04,001 --> 05:07:06,000 SO THERE'S ABSOLUTELY NO FISCAL 6807 05:07:06,001 --> 05:07:07,000 RESTRAINT WITHIN THE 6808 05:07:07,001 --> 05:07:08,000 APPROPRIATIONS BILL THAT ARE 6809 05:07:08,001 --> 05:07:10,000 GOING THROUGH THIS BODY, WITH 6810 05:07:10,001 --> 05:07:11,000 THE EXCEPTION OF ONE, AND THAT'S 6811 05:07:11,001 --> 05:07:14,000 THE DEFENSE DEPARTMENT. 6812 05:07:14,001 --> 05:07:16,000 PROBABLY THE ONE THAT'S MOST 6813 05:07:16,001 --> 05:07:18,000 IMPORTANT TO US IN TERMS OF OUR 6814 05:07:18,001 --> 05:07:21,000 NATIONAL SECURITY, IN TERMS OF 6815 05:07:21,001 --> 05:07:23,000 WHERE THERE'S NO QUESTION WE 6816 05:07:23,001 --> 05:07:24,000 HAVE WASTE, BUT WHERE WE NEED TO 6817 05:07:24,001 --> 05:07:28,000 MAKE SURE THAT WE ARE PREPARED 6818 05:07:28,001 --> 05:07:29,000 FOR THE CHALLENGES THAT FACE 6819 05:07:29,001 --> 05:07:32,000 AND IF YOU LOOK AT WHAT WE 6820 05:07:32,001 --> 05:07:38,000 PASSED THROUGH THE BODY AND YOU 6821 05:07:38,001 --> 05:07:45,000 LOOK AT 2008 AND 2009, YOU GO 6822 05:07:45,001 --> 05:07:46,000 10%, 9.9%, 9.4%, 13.1%, 15.7%. 6823 05:07:46,001 --> 05:07:52,000 THAT HAVE THE LAUGHS YEAR. 6824 05:07:52,001 --> 05:07:57,000 NOW WE'RE GOING TO GO 5.7%, 6825 05:07:57,001 --> 05:08:02,000 7.3%, 1.4%, 15.6%, NOT ONLY ARE 6826 05:08:02,001 --> 05:08:04,000 WE ON AN UNSUSTAINABLE COURSE 6827 05:08:04,001 --> 05:08:05,000 WITH SOCIAL SECURITY AND 6828 05:08:05,001 --> 05:08:07,000 MEDICARE -- WE HAVE STOLEN FROM 6829 05:08:07,001 --> 05:08:08,000 SOCIAL SECURITY $2.4 TRILLION 6830 05:08:08,001 --> 05:08:09,000 WHICH WE DON'T EVEN RECOGNIZE 6831 05:08:09,001 --> 05:08:11,000 THAT WE OWE. 6832 05:08:11,001 --> 05:08:16,000 WE DON'T PUT IT ON OUR BALANCE SHEET. 6833 05:08:16,001 --> 05:08:17,000 WE'VE STOLEN $758 BILLION FROM 6834 05:08:17,001 --> 05:08:18,000 MEDICARE TRUST FUND, WHICH WE 6835 05:08:18,001 --> 05:08:22,000 DON'T EVEN RECOGNIZE. 6836 05:08:22,001 --> 05:08:23,000 SO WE BORROWED $3 TRILLION FROM 6837 05:08:23,001 --> 05:08:25,000 FUNDERS THAT WERE SUPPOSED TO 6838 05:08:25,001 --> 05:08:27,000 BE -- FROM FUNDS THAT WERE 6839 05:08:27,001 --> 05:08:28,000 SUPPOSED TO BE THERE FOR 6840 05:08:28,001 --> 05:08:30,000 SENIORS AND OUR RETIREES WHICH 6841 05:08:30,001 --> 05:08:31,000 OUR CHILDREN AND OUR 6842 05:08:31,001 --> 05:08:33,000 GRANDCHILDREN WILL HAVE TO REPAY. 6843 05:08:33,001 --> 05:08:36,000 AND SO I SAW THIS THE OTHERAY 6844 05:08:36,001 --> 05:08:37,000 ON THE INTERNET, AND IT SPEAKS A 6845 05:08:37,001 --> 05:08:40,000 MILLION WORDS TO ME. 6846 05:08:40,001 --> 05:08:42,000 HERE'S A LITTLE GIRL, TODDLER, 6847 05:08:42,001 --> 05:08:44,000 WITH A PACIFIER IN HER MOUTH. 6848 05:08:44,001 --> 05:08:47,000 SHE'S GOT A SIGN HANGING AROUND 6849 05:08:47,001 --> 05:08:51,000 HER NECK, AND SHE SAYS, "I'M 6850 05:08:51,001 --> 05:08:53,000 ALREADY $38,375 IN DEBT, AND I 6851 05:08:53,001 --> 05:08:55,000 ONLY OWN A DOLL HOUSE." 6852 05:08:55,001 --> 05:08:57,000 THE PROBLEM WITH THAT IS SHE WAY 6853 05:08:57,001 --> 05:09:00,000 UNDERSTATED WHAT SHE'S IN DEBT FOR. 6854 05:09:00,001 --> 05:09:01,000 THAT'S JUST THE RECOGNIZED 6855 05:09:01,001 --> 05:09:03,000 EXTERNAL DEBT. 6856 05:09:03,001 --> 05:09:05,000 THAT DOESN'T COU WHAT WE 6857 05:09:05,001 --> 05:09:07,000 BORROWED INTERNALLY FROM OUR GRANDCHILDREN. 6858 05:09:07,001 --> 05:09:09,000 IT DOESN'T COUNT THE UNFUNDED 6859 05:09:09,001 --> 05:09:10,000 LIABILITIES THAT SHE THROUGH HER 6860 05:09:10,001 --> 05:09:12,000 LIFETIME WILL NEVER GET ANY 6861 05:09:12,001 --> 05:09:14,000 BENEFIT FROM BUT WILL PAY 6862 05:09:14,001 --> 05:09:16,000 BECAUSE WE'VE STOLEN THE BENEFIT 6863 05:09:16,001 --> 05:09:18,000 FOR US WITHOUT BEING GOOD 6864 05:09:18,001 --> 05:09:19,000 STEWARDS OF THE MONEY THAT'S 6865 05:09:19,001 --> 05:09:20,000 BEEN GIVEN TO US. 6866 05:09:20,001 --> 05:09:24,000 AND IF YOU GO THROUGH THIS AND 6867 05:09:24,001 --> 05:09:27,000 YOU LOOK AT IT, BY THE TIME 6868 05:09:27,001 --> 05:09:33,000 SHE'S 40, SHE WILL BE 6869 05:09:33,001 --> 05:09:38,000 RESPONSIBLE FOR $1,119,000 WORTH 6870 05:09:38,001 --> 05:09:40,000 OF DEBT WE HAVE ACCUMULATED FOR 6871 05:09:40,001 --> 05:09:44,000 PAYMENTS FOR SOCIAL SECURITY AND 6872 05:09:44,001 --> 05:09:45,000 MEDICAID THAT SHE GOT ZERO 6873 05:09:45,001 --> 05:09:46,000 BENEFIT FROM. 6874 05:09:46,001 --> 05:09:47,000 AND THEN WHEN YOU THINK ABOUT 6875 05:09:47,001 --> 05:09:50,000 WHAT IT COSTS IN THE INTEREST TO 6876 05:09:50,001 --> 05:09:53,000 FUND THAT 6877 05:09:53,001 --> 05:09:54,000 6%, SHE'S GOT TO MAKE $60,000 6878 05:09:54,001 --> 05:09:56,000 FIRST JUST TO PAY THE INTEREST 6879 05:09:56,001 --> 05:09:59,000 ON THAT DEBT BEFORE SHE PAYS ANY 6880 05:09:59,001 --> 05:10:00,000 TAXES, HER SHARE OF THE TAXES 6881 05:10:00,001 --> 05:10:01,000 THEN, BEFORE SHE HAS THE 6882 05:10:01,001 --> 05:10:03,000 CAPABILITY TO HAVE A HOME AND 6883 05:10:03,001 --> 05:10:08,000 HAVE CHILDREN AND HAVE A COLLEGE 6884 05:10:08,001 --> 05:10:10,000 EDUCATION, OWN A CAR, WE ARE 6885 05:10:10,001 --> 05:10:11,000 ABSOLUTELY, WITH BILLS LIKE 6886 05:10:11,001 --> 05:10:13,000 THIS, STRANGLING HER. 6887 05:10:13,001 --> 05:10:18,000 WE ARE STRANGLING HER. 6888 05:10:18,001 --> 05:10:20,000 AND I'MEMIN 6889 05:10:20,001 --> 05:10:22,000 FOUNDERS SAID. 6890 05:10:22,001 --> 05:10:27,000 IT'S 6891 05:10:27,001 --> 05:10:28,000 YOU 6892 05:10:28,001 --> 05:10:30,000 LOVE THE SENATOR FROM MARYLAND. 6893 05:10:30,001 --> 05:10:31,000 SHE SAID WE HAD PLENTY OF MONEY 6894 05:10:31,001 --> 05:10:33,000 IN THE CHECKBOOK TO DO THIS. 6895 05:10:33,001 --> 05:10:35,000 WE DON'T HAVE PLENTY OF MONEY IN 6896 05:10:35,001 --> 05:10:37,000 THE CHECKBOOK TO DO IT. 6897 05:10:37,001 --> 05:10:38,000 WHAT WE HAVE IS AN UNLIMITED 6898 05:10:38,001 --> 05:10:41,000 CREDIT CARD THAT WE KEEP PUTTING 6899 05:10:41,001 --> 05:10:43,000 THE CREDIT CARD INTO THE MACHINE 6900 05:10:43,001 --> 05:10:45,000 ANDAY WE'LL TAKE NOW, AND OUR 6901 05:10:45,001 --> 05:10:48,000 KIDS WILL PAY LATER. 6902 05:10:48,001 --> 05:10:50,000 THAT'S WHAT WE'RE DOING. 6903 05:10:50,001 --> 05:10:51,000 THOMAS EVER SAID "I PREDICT 6904 05:10:51,001 --> 05:10:52,000 FUTURE HAPPINESS FOR AMERICANS 6905 05:10:52,001 --> 05:10:53,000 IF THEY CAN PREVENT THE 6906 05:10:53,001 --> 05:10:55,000 GOVERNMENT FROM WASTING THE 6907 05:10:55,001 --> 05:10:58,000 LABORS 6908 05:10:58,001 --> 05:11:02,000 PRETENSE OF TAKING CARE OF THEM." 6909 05:11:02,001 --> 05:11:04,000 AND WHEN WE'RE SEEING 123.6% AND 6910 05:11:04,001 --> 05:11:06,000 15% INCREASES IN THE 6911 05:11:06,001 --> 05:11:08,000 NONMANDATORY SIDE, THE 6912 05:11:08,001 --> 05:11:10,000 NON-SOCIAL SECURITY, THE 6913 05:11:10,001 --> 05:11:11,000 NONMEDICARE, THE NONMEDICAID 6914 05:11:11,001 --> 05:11:13,000 SIDE OF THE BUDGET, WE'VE FALLEN 6915 05:11:13,001 --> 05:11:15,000 INTO THE TRAP THAT THOMAS 6916 05:11:15,001 --> 05:11:16,000 JEFFERSON WAS WORRIED ABOUT. 6917 05:11:16,001 --> 05:11:18,000 AND I KNOW MY COLLEAGUES ARE 6918 05:11:18,001 --> 05:11:19,000 SICK OF ME TALKING ABOUT THIS, 6919 05:11:19,001 --> 05:11:20,000 BUT YOU KNOW WHAT? 6920 05:11:20,001 --> 05:11:22,000 THE AMERICAN PEOPLE AREN'T SICK 6921 05:11:22,001 --> 05:11:23,000 OF US TALKING ABOUTT. 6922 05:11:23,001 --> 05:11:26,000 THEY GET IT. 6923 05:11:26,001 --> 05:11:29,000 THEY REALIZE THAT WE REFUSE TO 6924 05:11:29,001 --> 05:11:30,000 MAKE HARD CHOICES. 6925 05:11:30,001 --> 05:11:32,000 EVERY ONE OF THEM ARE MAKING 6926 05:11:32,001 --> 05:11:33,000 HARD CHOICES TODAY WITH THEIR 6927 05:11:33,001 --> 05:11:36,000 FAMILIES ABOUT TIR FUTURE 6928 05:11:36,001 --> 05:11:38,000 BASED ON THEIR INCOME. 6929 05:11:38,001 --> 05:11:40,000 YET, WE HAVE THE GALL TO BRING 6930 05:11:40,001 --> 05:11:44,000 TO THE FLOOR DOUBLE-DIGIT 6931 05:11:44,001 --> 05:11:46,000 SPENDING AT A TIME WHEN PEOPLE, 6932 05:11:46,001 --> 05:11:48,000 10% OF AMERICA IS OUT OF WORK 6933 05:11:48,001 --> 05:11:50,000 AND SEEKING WORK. 6934 05:11:50,001 --> 05:11:52,000 ANOTHER 5% HAVE GIVEN UP. 6935 05:11:52,001 --> 05:11:54,000 AND WE'RE SAYING IT'S FINE IF WE 6936 05:11:54,001 --> 05:11:55,000 HAVE A 12% INCREASE. 6937 05:11:55,001 --> 05:11:56,000 IT'S FINE. 6938 05:11:56,001 --> 05:11:58,000 THERE'S NO PROBLEM. 6939 05:11:58,001 --> 05:12:00,000 THERE'S PLENTY OF MONEY IN THE CHECKING ACCOUNT. 6940 05:12:00,001 --> 05:12:02,000 THERE IS NO MONEY IN THE 6941 05:12:02,001 --> 05:12:04,000 CHECKING ACCOUNT. 6942 05:12:04,001 --> 05:12:05,000 WE'RE PERILOUSLY CLOSE TO HAVING 6943 05:12:05,001 --> 05:12:09,000 OUR FOREIGN POLICY DICTATED TO 6944 05:12:09,001 --> 05:12:11,000 US BY THOSE 6945 05:12:11,001 --> 05:12:15,000 PEOPLE OUTSIDE OF THIS COUNTRY. 6946 05:12:15,001 --> 05:12:17,000 AND THE TIME TO START CHANGING 6947 05:12:17,001 --> 05:12:20,000 THAT IS 6948 05:12:20,001 --> 05:12:22,000 I HAD TWO, TWO LITTLE 6949 05:12:22,001 --> 05:12:23,000 AMENDMENTS, AND ONE IS VERY 6950 05:12:23,001 --> 05:12:24,000 INSTRUCTIVE. 6951 05:12:24,001 --> 05:12:26,000 THE POLICAL SCIENCE COMMUNITY 6952 05:12:26,001 --> 05:12:29,000 IS HOT AND BOTHERED BECAUSE I 6953 05:12:29,001 --> 05:12:32,000 WOULD DARE TO SAY T 6954 05:12:32,001 --> 05:12:34,000 A TIME OF $1.4 TRILLION 6955 05:12:34,001 --> 05:12:36,000 DEFICITS, MAYBE AT A TIME 6956 05:12:36,001 --> 05:12:38,000 WE HAVE 10% UNEMPLOYMENT, MAYBE 6957 05:12:38,001 --> 05:12:39,000 AT A TIME WHEN WE'RE AT THE 6958 05:12:39,001 --> 05:12:41,000 WORST FINANCIAL CONDITION WE'VE 6959 05:12:41,001 --> 05:12:42,000 EVER BEEN IN OUR COUNTRY'S 6960 05:12:42,001 --> 05:12:44,000 HISTORY, THAT MAYBE WE OUGHT NOT 6961 05:12:44,001 --> 05:12:48,000 SPEND MONEY ASKING THE QUESTIONS 6962 05:12:48,001 --> 05:12:53,000 WHY P 6963 05:12:53,001 --> 05:12:54,000 ANSWERS, OR H WE CAN DO A TELE 6964 05:12:54,001 --> 05:12:55,000 TOWN HALL MEETING AND RAISE 6965 05:12:55,001 --> 05:12:56,000 OUR NUMBERS. 6966 05:12:56,001 --> 05:12:58,000 MAYBE WE OUGHT NOT SPEND OUR 6967 05:12:58,001 --> 05:13:00,000 MONEY OWN THOSE KINDS OF THINGS RIGHT N. 6968 05:13:00,001 --> 05:13:01,000 YOU SEE, 6969 05:13:01,001 --> 05:13:03,000 BECA 6970 05:13:03,001 --> 05:13:06,000 FROM THE FEDERAL GOVERNMENT NOW 6971 05:13:06,001 --> 05:13:08,000 DON'T CARE ABOUT THEIR GRANDCHILDREN. 6972 05:13:08,001 --> 05:13:10,000 WHAT THEY WANT IS WHAT THEY'RE 6973 05:13:10,001 --> 05:13:11,000 GETTING NOW. 6974 05:13:11,001 --> 05:13:12,000 GIVE ME NOW. 6975 05:13:12,001 --> 05:13:14,000 DOESN'T MATTER WHAT HAPPENS TO 6976 05:13:14,001 --> 05:13:15,000 THE REST OF THE GENERATIONS THAT 6977 05:13:15,001 --> 05:13:16,000 FOLLOW US. 6978 05:13:16,001 --> 05:13:19,000 AND SO WE HAVE THE POLITICAL 6979 05:13:19,001 --> 05:13:20,000 SCIENCE COMMUNITY ALL IN AN 6980 05:13:20,001 --> 05:13:22,000 UPROAR BECAUSE, NOT BECAUSE I'M 6981 05:13:22,001 --> 05:13:23,000 AGAINST THE STUDY OF POLITICAL 6982 05:13:23,001 --> 05:13:25,000 SCIENCE, BUT BECAUSE I THINK NOW 6983 05:13:25,001 --> 05:13:26,000 IS NOT THE TIME TO SPEND MONEY 6984 05:13:26,001 --> 05:13:27,000 ON THAT. 6985 05:13:27,001 --> 05:13:31,000 NOW IS THE TIME TO SPEND MONEY 6986 05:13:31,001 --> 05:13:33,000 THAT WE ABS 6987 05:13:33,001 --> 05:13:34,000 SPEND, THE ABSOLUTE NECESSITIES, 6988 05:13:34,001 --> 05:13:35,000 JUST LIKE EVERY FAMILY IN 6989 05:13:35,001 --> 05:13:36,000 AMERICA IS MAKING THOSE 6990 05:13:36,001 --> 05:13:38,000 DECISIONS TODAY. 6991 05:13:38,001 --> 05:13:42,000 WE DON'T HAVE THE COURAGE TO DO 6992 05:13:42,001 --> 05:13:44,000 IT BECAUSE IT 6993 05:13:44,001 --> 05:13:45,000 INTEREST GROUPS WHO ARE GETTING 6994 05:13:45,001 --> 05:13:47,000 MONEY FROM THE FEDERAL 6995 05:13:47,001 --> 05:13:49,000 GOVERNMENT FOR A PRIORITY THAT'S 6996 05:13:49,001 --> 05:13:51,000 MUCH LESS THAN THE DEFENSE OF 6997 05:13:51,001 --> 05:13:53,000 THIS COUNTRY, PROTECTING 6998 05:13:53,001 --> 05:13:55,000 SECURING THE FUTURE, TAKING CARE 6999 05:13:55,001 --> 05:13:59,000 OF THEIR HEALTH CARE, AND MAKING 7000 05:13:59,001 --> 05:14:02,000 SURE WE HAVE LAW AND ORDER. 7001 05:14:02,001 --> 05:14:06,000 YOU SEE, ALEXANDER TYLER WARNED 7002 05:14:06,001 --> 05:14:07,000 OF THIS AS HE STUDIED WHY 7003 05:14:07,001 --> 05:14:10,000 REPUBLICS FAILED. 7004 05:14:10,001 --> 05:14:13,000 HE SAID ALL REP 7005 05:14:13,001 --> 05:14:14,000 THEY FAIL BECAUSE WHEN PEOPLE 7006 05:14:14,001 --> 05:14:17,000 LEARN THAT THEY CAN VOTE 7007 05:14:17,001 --> 05:14:18,000 THEMSELVES MONEY FROM THE PUBLIC 7008 05:14:18,001 --> 05:14:20,000 TREASURY, ALL THE OTHER 7009 05:14:20,001 --> 05:14:22,000 PRIORITIES GO OUT THE WINDOW. 7010 05:14:22,001 --> 05:14:23,000 THEY BECOME TOTALLY 7011 05:14:23,001 --> 05:14:26,000 SELF-FOCUSED, SELF-CENTERED ON 7012 05:14:26,001 --> 05:14:28,000 WHAT IT IS FOR THEM WITH NO 7013 05:14:28,001 --> 05:14:32,000 LONG-RANGE VISION, ONLY A 7014 05:14:32,001 --> 05:14:34,000 PAROCHIAL VISION. 7015 05:14:34,001 --> 05:14:37,000 ONLY WHAT IS GOOD FOR THEM. 7016 05:14:37,001 --> 05:14:39,000 IT'S CALLED SELF-CENTEREDNESS. 7017 05:14:39,001 --> 05:14:41,000 IT'S CALLED SELFISHSS. 7018 05:14:41,001 --> 05:14:43,000 WE PERPETUATE 7019 05:14:43,001 --> 05:14:45,000 BRINGING BILLS TO THE FLOOR THAT 7020 05:14:45,001 --> 05:14:47,000 ARE RESISTANT TO AMENDMENTS THAT 7021 05:14:47,001 --> 05:14:48,000 SAY MAYBE THIS I 7022 05:14:48,001 --> 05:14:51,000 RIGH NOW. 7023 05:14:51,001 --> 05:14:52,000 AND I WOULD BET T 7024 05:14:52,001 --> 05:14:56,000 POLLED THE AMERICAN PUBLIC AND 7025 05:14:56,001 --> 05:14:57,000 SA WE'RE GOING TO RUN ANOTH ANOTHER $1.4 TRILLION DEFICIT 7026 05:14:57,001 --> 05:15:00,000 THIS YEAR, WE PROBABLY WOULDN'T 7027 05:15:00,001 --> 05:15:02,000 WA 7028 05:15:02,001 --> 05:15:03,000 TELLING POLITICIANS HOW TO STAY ELECTED. 7029 05:15:03,001 --> 05:15:06,000 WE PROBABLY 7030 05:15:06,001 --> 05:15:08,000 AND THE 7031 05:15:08,001 --> 05:15:13,000 UNIVERSITIES THAT GET THIS SMALL 7032 05:15:13,001 --> 05:15:15,000 AMOUNT OF MONEY ARE IN DEBT IN 7033 05:15:15,001 --> 05:15:16,000 EXCESS OF $50 BILLION. 7034 05:15:16,001 --> 05:15:18,000 THEY HAVE PLENTY OF MONEY TO 7035 05:15:18,001 --> 05:15:19,000 FUND THIS IF THEY WANT. 7036 05:15:19,001 --> 05:15:21,000 BUT THEY DON'T 7037 05:15:21,001 --> 05:15:24,000 IT BECAUSE THEY'RE GETTING FROM 7038 05:15:24,001 --> 05:15:25,000 THE PERSON THAT'S OUT OF WORK. 7039 05:15:25,001 --> 05:15:27,000 THEY'RE GETTING FROM THE PERSON 7040 05:15:27,001 --> 05:15:29,000 THAT DIDN'T GET THAT JOB B 7041 05:15:29,001 --> 05:15:32,000 THE ECONOMY'S ON ITS BACK 7042 05:15:32,001 --> 05:15:34,000 BECAUSE WE'RE BORROWIN BORROWING $1.4 TRILLION AND 7043 05:15:34,001 --> 05:15:38,000 COMPETING WITH THE CAPITAL 7044 05:15:38,001 --> 05:15:40,000 THAT'S REQUIRED TO CREATE A JOB. 7045 05:15:40,001 --> 05:15:43,000 YOU KNOW, IT'S JUST A SMALL 7046 05:15:43,001 --> 05:15:45,000 AMOUNT OF MONEY. 7047 05:15:45,001 --> 05:15:46,000 IT, BY ITSELF, WON'T MAKE ANY 7048 05:15:46,001 --> 05:15:48,000 DIFFERENCE. 7049 05:15:48,001 --> 05:15:49,000 BUT SUPPORTING THIS AMENDMENT 7050 05:15:49,001 --> 05:15:51,000 WILL BUILD CONFIDENCE WITH THE 7051 05:15:51,001 --> 05:15:53,000 AMERICAN PEOPLE THAT SAYS, YOU 7052 05:15:53,001 --> 05:15:54,000 KNOW, HE'S RIGHT, WE OUGHT TO BE 7053 05:15:54,001 --> 05:15:57,000 ABOUT PRIORITIES. 7054 05:15:57,001 --> 05:15:59,000 WE OUGHT TO BE ABOUT DOING WHAT 7055 05:15:59,001 --> 05:16:00,000 IS MOST IMPORTANT FIRST AND 7056 05:16:00,001 --> 05:16:02,000 CUTTING OUT WHAT IS LEAST 7057 05:16:02,001 --> 05:16:06,000 IMPORTANT BECAUSE THE TIMES CALL 7058 05:16:06,001 --> 05:16:09,000 FOR DISCIPLINE SO THAT WE DON'T 7059 05:16:09,001 --> 05:16:11,000 FURTHER HAMSTRING THE GENERATION 7060 05:16:11,001 --> 05:16:13,000 OF CHILDREN FOR WHICH THIS YOUNG 7061 05:16:13,001 --> 05:16:15,000 LADY BELONGS. 7062 05:16:15,001 --> 05:16:17,000 AND, YOU KNOW, IF YOU TAKE DZ 7063 05:16:17,001 --> 05:16:19,000 5DZ MILLION OR $6 MILLION AND DO 7064 05:16:19,001 --> 05:16:22,000 IT ONCE, AND PRETTY SOON IF 7065 05:16:22,001 --> 05:16:23,000 YOU'VE DONE IT 10 TIMES, YOU'VE 7066 05:16:23,001 --> 05:16:26,000 GOT $06 MILLION, YOU DO IT 7067 05:16:26,001 --> 05:16:28,000 ANOTHER 10 TIMES, YOU GET $600 MILLION. 7068 05:16:28,001 --> 05:16:30,000 PRETTY SOON WE'VE GOT BILLIONS 7069 05:16:30,001 --> 05:16:31,000 OF DOLLARS WE'RE NOT SPENDING 7070 05:16:31,001 --> 05:16:32,000 BECAUSE IT'S LOW PRIORITY AND 7071 05:16:32,001 --> 05:16:34,000 WE'RE NOT BORROWING IT AGAINST 7072 05:16:34,001 --> 05:16:35,000 OUR CHILDREN AND ALL OF A 7073 05:16:35,001 --> 05:16:37,000 SUDDENNEN THE VALUE OF THE 7074 05:16:37,001 --> 05:16:39,000 DOLLAR STARTS RISING, CONFIDENCE 7075 05:16:39,001 --> 05:16:40,000 AROUND THE WORLD AND THE DOLLAR 7076 05:16:40,001 --> 05:16:41,000 STARTS IREASING, COMPETION 7077 05:16:41,001 --> 05:16:43,000 FOR CAPITAL BY THE FEDERAL 7078 05:16:43,001 --> 05:16:45,000 GOVERNMENT COMPETING IN PRIVATE 7079 05:16:45,001 --> 05:16:48,000 SECTOR FOR THAT CAPITAL GOES 7080 05:16:48,001 --> 05:16:50,000 DOWN, THE COST OF CAPITAL GOES 7081 05:16:50,001 --> 05:16:51,000 DOWN, CREDIT FLOWS AN JOB 7082 05:16:51,001 --> 05:16:53,000 OPPORTUNITIES ARE CREATED. 7083 05:16:53,001 --> 05:16:54,000 BUT WE DON'T CONNECT THAT 7084 05:16:54,001 --> 05:16:55,000 BECAUSE WE'VE ALSO DONE IT THAT 7085 05:16:55,001 --> 05:16:57,000 WAY. 7086 05:16:57,001 --> 05:16:59,000 WE'VE GOT A BUDGET ALLOCATION 7087 05:16:59,001 --> 05:17:01,000 AND AS LONG AS WE'RE UNDER THAT 7088 05:17:01,001 --> 05:17:02,000 BUDGET ALLOCATION EVERYTHING IS 7089 05:17:02,001 --> 05:17:05,000 FINE. 7090 05:17:05,001 --> 05:17:06,000 WHERE IS THE LEADERSHIP IN OUR 7091 05:17:06,001 --> 05:17:08,000 COUNTRY TODAY THAT SAYS WRE 7092 05:17:08,001 --> 05:17:10,000 GOING MODEL A LEADERSHIP THAT 7093 05:17:10,001 --> 05:17:12,000 WE KNOW THE AMERICAN PEOPLE 7094 05:17:12,001 --> 05:17:14,000 EXPECT OF US? 7095 05:17:14,001 --> 05:17:17,000 MAKE HARD CHOICES, TAKE THE HEAT 7096 05:17:17,001 --> 05:17:19,000 TO ELIMINATE THINGS THAT ARE 7097 05:17:19,001 --> 05:17:21,000 LOWER PRIORITY SO THAT WE CAN 7098 05:17:21,001 --> 05:17:23,000 PRESERVE THE PRIORITY OF THIS 7099 05:17:23,001 --> 05:17:24,000 CHILD AND THOSE OF HER 7100 05:17:24,001 --> 05:17:27,000 GENERATION. 7101 05:17:27,001 --> 05:17:28,000 THE FACT IS THAT LEADERSHIP IS 7102 05:17:28,001 --> 05:17:32,000 NONEXISTENT. 7103 05:17:32,001 --> 05:17:35,000 AND THERE'S NO REASON FOR ANYONE 7104 05:17:35,001 --> 05:17:37,000 TO DOUBT WHY THE CONFIDENCE IN 7105 05:17:37,001 --> 05:17:38,000 THE CONGRESS IS AT ALL-TIME 7106 05:17:38,001 --> 05:17:41,000 LOWS. 7107 05:17:41,001 --> 05:17:43,000 BECAUSE WE'RE NOT REALISTS. 7108 05:17:43,001 --> 05:17:46,000 AND WE'RE NOT LISTENING. 7109 05:17:46,001 --> 05:17:48,000 AND THE MESSAGE OUT THERE -- THE 7110 05:17:48,001 --> 05:17:50,000 NUMBER ONE CONCERN WITH FEAR 7111 05:17:50,001 --> 05:17:51,000 ISN'T HEALTH CARE, IT'S 7112 05:17:51,001 --> 05:17:53,000 ECONOMIC. 7113 05:17:53,001 --> 05:17:55,000 AM I GOING TO HAVE A JOB TOMORROW? 7114 05:17:55,001 --> 05:17:56,000 AM I GOING TO BE ABLE TO PAY MY 7115 05:17:56,001 --> 05:17:58,000 BILLS? 7116 05:17:58,001 --> 05:18:01,000 WILL I BE ABLE TO PAY MY MORTGAGE? 7117 05:18:01,001 --> 05:18:03,000 AND THERE'S THOUSANDS OF THINGS 7118 05:18:03,001 --> 05:18:04,000 IN EVERY APPROPRIATION BILL, 7119 05:18:04,001 --> 05:18:06,000 JUST LIKE THIS ONE, JUST LIKE 7120 05:18:06,001 --> 05:18:08,000 THAT AMENDMENT, THAT WE COULD 7121 05:18:08,001 --> 05:18:09,000 ELIMINATE TOMORROW AND, YEAH, 7122 05:18:09,001 --> 05:18:14,000 MIGHT CREATE SOME SMALL 7123 05:18:14,001 --> 05:18:16,000 HARDSHIP, BUT NOTHING TO THE 7124 05:18:16,001 --> 05:18:17,000 HARDSHIP WE HAVE FOR THE 7125 05:18:17,001 --> 05:18:19,000 FOLLOWING GENERATIONS, I HAVE NO 7126 05:18:19,001 --> 05:18:20,000 DOUBT OF THE OUTCOME OF THE 7127 05:18:20,001 --> 05:18:23,000 VOTES ON MY AMENDMENTS. 7128 05:18:23,001 --> 05:18:33,000 I UNDERSTAND THAT WE ARE 7129 05:18:33,001 --> 05:18:36,000 RESISTANT, REKA -- I UNDERSTAND THAT. 7130 05:18:36,001 --> 05:18:37,000 BUT WHAT WE MUST UNDERSTAND IS 7131 05:18:37,001 --> 05:18:39,000 THEY'RE AWAKE NOW, THEY'RE 7132 05:18:39,001 --> 05:18:41,000 LISTENING AND THEY'RE WATCHING. 7133 05:18:41,001 --> 05:18:43,000 IT IS TIME TO RESPOND TO THE 7134 05:18:43,001 --> 05:18:45,000 DESIRES OF THE AMERICAN PEOPLE 7135 05:18:45,001 --> 05:18:47,000 AND STOP RESPONDING TO THE 7136 05:18:47,001 --> 05:18:49,000 SPECIAL INTERESTS OF THOSE THAT 7137 05:18:49,001 --> 05:18:51,000 ARE GETTING MONEY FROM THE 7138 05:18:51,001 --> 05:18:53,000 FEDERAL GO 7139 05:18:53,001 --> 05:18:55,000 PRIORITY INERMS OF WHAT REALLY 7140 05:18:55,001 --> 05:18:56,000 COUNTS AND REALLY MATTERS FOR 7141 05:18:56,001 --> 05:18:57,000 OUR FUTURE. 7142 05:18:57,001 --> 05:18:59,000 I HAVE ONE OTHER AMENDMENT THAT 7143 05:18:59,001 --> 05:19:01,000 WE WILL BE VOTING ON THAT 7144 05:19:01,001 --> 05:19:04,000 TRANSFERS MONEY TO INCREASE THE 7145 05:19:04,001 --> 05:19:06,000 MONEY AT THE INSPECTOR GENERAL. 7146 05:19:06,001 --> 05:19:07,000 IT WILL NOT SLOW DOWN THE 7147 05:19:07,001 --> 05:19:08,000 CONVERSATION OF THE BUILDING -- 7148 05:19:08,001 --> 05:19:10,000 THE HOOVER BUILDING ATLL. 7149 05:19:10,001 --> 05:19:13,000 WE'VE BEEN TOLD THAT. 7150 05:19:13,001 --> 05:19:14,000 BUT IT WILL HELP TO MAKE GOOD 7151 05:19:14,001 --> 05:19:17,000 GOVERNMENT BECAUSE PART OF OUR 7152 05:19:17,001 --> 05:19:19,000 PROBLEM IN GOVNMENT IS ABOUT 7153 05:19:19,001 --> 05:19:21,000 10% OF EVERYTHING WE DO IS PURE 7154 05:19:21,001 --> 05:19:23,000 WASTE. 7155 05:19:23,001 --> 05:19:25,000 PURE FRAUD OR PURE DUPLICATION. 7156 05:19:25,001 --> 05:19:27,000 AND IF WE'RE GOING TO INVEST 7157 05:19:27,001 --> 05:19:30,000 DOLLARS IN SOMETHING, WE OUGHT 7158 05:19:30,001 --> 05:19:31,000 TO INVEST IN THE TRANSPARENCY 7159 05:19:31,001 --> 05:19:33,000 AND ACCOUNTABILITY PECK NICHES 7160 05:19:33,001 --> 05:19:35,000 THAT WE'VE ALREADY -- MECHANISMS 7161 05:19:35,001 --> 05:19:38,000 AT WE ALREADY SETUP. 7162 05:19:38,001 --> 05:19:41,000 I FIND MYSELF ENCOURAGED BY THE 7163 05:19:41,001 --> 05:19:43,000 ATTITUDE OF THE AMERICAN PEOPLE 7164 05:19:43,001 --> 05:19:46,000 YET DISCOURAGED BY THE ATTITUDE 7165 05:19:46,001 --> 05:19:48,000 OF MY COLLEAGUES. 7166 05:19:48,001 --> 05:19:50,000 BECAUSE NOBODY WANTS TO TAKE AND 7167 05:19:50,001 --> 05:19:52,000 MAKE THE HARD CHOICES. 7168 05:19:52,001 --> 05:19:55,000 THE HARD CHOICES THAT SAY WE'RE 7169 05:19:55,001 --> 05:19:59,000 GOING TO GET HEAT I PRIORITIZING. 7170 05:19:59,001 --> 05:20:01,000 THE EASIEST THING IS TO DO NOTHING. 7171 05:20:01,001 --> 05:20:04,000 THE EASIEST THING IS TO CONTINUE 7172 05:20:04,001 --> 05:20:06,000 TO LET THE PROGRAMS RUN WHETHER 7173 05:20:06,001 --> 05:20:09,000 THEY'RE HIGH PRIORITY OR NOT, 7174 05:20:09,001 --> 05:20:12,000 THAT'S EASY. 7175 05:20:12,001 --> 05:20:15,000 BUT AMERICA IS HAVING A RUMBLE RIGHT NOW. 7176 05:20:15,001 --> 05:20:17,000 THE GROUND IS SHAKING. 7177 05:20:17,001 --> 05:20:18,000 THE AMERICAN PEOPLE ARE PAYING 7178 05:20:18,001 --> 05:20:21,000 ATTENTION AND THEY'RE GOING TO 7179 05:20:21,001 --> 05:20:23,000 WATCH VOTES JUS 7180 05:20:23,001 --> 05:20:24,000 AND THEN WE'RE GOING TO BE 7181 05:20:24,001 --> 05:20:26,000 CALLED INTO ACCOUNT AS TO WHY 7182 05:20:26,001 --> 05:20:28,000 DON'T YOU -- WON'T YOU MAKE 7183 05:20:28,001 --> 05:20:30,000 PRIORITY CHOICES? 7184 05:20:30,001 --> 05:20:32,000 WHY WON'T YOU TAKE THE HEAT? 7185 05:20:32,001 --> 05:20:33,000 IF THERE OUGHT TO BE ANY 7186 05:20:33,001 --> 05:20:36,000 POLITICAL SCIENCE STUDY DOWN, 7187 05:20:36,001 --> 05:20:37,000 IT'S WHY ARE MEMBERS OF CONGRESS 7188 05:20:37,001 --> 05:20:39,000 SUCH COWARDS. 7189 05:20:39,001 --> 05:20:41,000 THAT'S THE THING WE OUGHT TO STUDY. 7190 05:20:41,001 --> 05:20:43,000 WE OUGHT TO STUDY WHY WE REFUSE 7191 05:20:43,001 --> 05:20:46,000 TO DO THE RIGHT THING BECAUSE IT 7192 05:20:46,001 --> 05:20:47,000 PUTS OUR JOB AT RISK. 7193 05:20:47,001 --> 05:20:50,000 WE OUGHT TO BE DOING THE RIGHT 7194 05:20:50,001 --> 05:20:52,000 THING WHEN IT DOES PUT OUR JOB 7195 05:20:52,001 --> 05:20:59,000 AT RISK AND WHEN IT DOESN'T. 7196 05:20:59,001 --> 05:21:04,000 SO IILL FINISH UP BY REMINDING 7197 05:21:04,001 --> 05:21:09,000 US OF WHAT OUR OATH IS. 7198 05:21:09,001 --> 05:21:11,000 OUR OATH NEVER MENTIONS OUR STATE. 7199 05:21:11,001 --> 05:21:12,000 OUR OATH NEVER MENTIONS OUR 7200 05:21:12,001 --> 05:21:15,000 SPECIAL INTERESTS. 7201 05:21:15,001 --> 05:21:16,000 OUR 7202 05:21:16,001 --> 05:21:19,000 CAMPAIGN CONTRIBUTORS. 7203 05:21:19,001 --> 05:21:21,000 WHAT OTHER OATH MENTIONS IS THAT 7204 05:21:21,001 --> 05:21:22,000 WE ARE SENATORS OF THE UNITED 7205 05:21:22,001 --> 05:21:24,000 STATES. 7206 05:21:24,001 --> 05:21:26,000 NOT FROM OKLAHOMA. 7207 05:21:26,001 --> 05:21:27,000 NOT FROM DELAWARE. 7208 05:21:27,001 --> 05:21:29,000 NOT FROM MARYLAND. 7209 05:21:29,001 --> 05:21:30,000 NOT FROM OHIO. 7210 05:21:30,001 --> 05:21:32,000 BUT WE'RE SENATORS FOR THE UNITED STATES. 7211 05:21:32,001 --> 05:21:33,000 WE JUST HAPPEN TO BE FROM THOSE 7212 05:21:33,001 --> 05:21:36,000 PLACES. 7213 05:21:36,001 --> 05:21:37,000 AND OUR OATH IS TO THE LONG-TERM 7214 05:21:37,001 --> 05:21:42,000 BEST INTEREST -- BEST INTEREST 7215 05:21:42,001 --> 05:21:43,000 OF THE COUNTRY, NEVER A 7216 05:21:43,001 --> 05:21:45,000 PAROCHIAL INTEREST. 7217 05:21:45,001 --> 05:21:48,000 AS YOU GO THROUGH THE BILLS, 7218 05:21:48,001 --> 05:21:50,000 WHAT YOU'LL SEE IS 7219 05:21:50,001 --> 05:21:52,000 INTEREST TRUMPING THE BEST 7220 05:21:52,001 --> 05:21:54,000 LONG-TERM INTEREST OF THE COUNTRY. 7221 05:21:54,001 --> 05:21:56,000 THAT IS NOT 7222 05:21:56,001 --> 05:21:57,000 JOB THAT THE SENATOR FROM 7223 05:21:57,001 --> 05:21:58,000 MARYLAND HAS DONE. 7224 05:21:58,001 --> 05:22:00,000 THERE'S NO QUESTION THAT SHE 7225 05:22:00,001 --> 05:22:01,000 CAME IN WITH A NUMBER SHE WAS GICHG. 7226 05:22:01,001 --> 05:22:03,000 THERE IS NO QUESTION THAT SHE 7227 05:22:03,001 --> 05:22:04,000 MADE SOME TOUGH CHOICES AS SHE 7228 05:22:04,001 --> 05:22:06,000 DID THAT. WE'VE MADE ENOUGH. 7229 05:22:06,001 --> 05:22:09,000 THIS KIND OF INCREASE IN THIS 7230 05:22:09,001 --> 05:22:11,000 KIND OF BILL IS ABSURD. 7231 05:22:11,001 --> 05:22:14,000 IT'S OBSCENE. 7232 05:22:14,001 --> 05:22:18,000 IT'S OBSCENE AT A TIME WHEN THE 7233 05:22:18,001 --> 05:22:19,000 AVERAGE FAMILY'S INCOME IS DECLING. 7234 05:22:19,001 --> 05:22:23,000 THEIR ABILITY TO HAVE THE 7235 05:22:23,001 --> 05:22:24,000 FREEDOM TO MAKE CHOICES -- 7236 05:22:24,001 --> 05:22:26,000 RELAXED CHOICES ABOUT WHAT 7237 05:22:26,001 --> 05:22:28,000 DO VERSUS VERY STERN CHOICES 7238 05:22:28,001 --> 05:22:30,000 ABOUT WHAT IS A NECESSITY AND WE 7239 05:22:30,001 --> 05:22:31,000 HAVE NOT GOTTEN THE 7240 05:22:31,001 --> 05:22:34,000 MR. PRESIDENT, I YIELD THE 7241 05:22:34,001 --> 05:22:37,000 FLOOR. A SENATO MR. PRESIDENT? 7242 05:22:37,001 --> 05:22:38,000 THE PRESIDING OFFICER: 7243 05:22:38,001 --> 05:22:39,000 JUNIOR SENATOR FROM CONNECTICUT 7244 05:22:39,001 --> 05:22:41,000 IS RECOGNIZED. 7245 05:22:41,001 --> 05:22:47,000 MR. LIEBERMAN: I THANK THE CHAIR. 7246 05:22:47,001 --> 05:22:49,000 THANK YOU FOR MENTIONING MY 7247 05:22:49,001 --> 05:22:50,000 JUNIORITY, IT REMINDS ME OF HOW 7248 05:22:50,001 --> 05:22:51,000 YOUNG I AM AT LEAST HERE IN THE 7249 05:22:51,001 --> 05:22:55,000 SENATE. 7250 05:22:55,001 --> 05:23:00,000 ON BEHALF OF AMENDMENT 2669 THAT 7251 05:23:00,001 --> 05:23:02,000 HAS BEEN INTRODUCED BY SENATOR 7252 05:23:02,001 --> 05:23:05,000 GRAHAM, SENATOR WEBB, SENATOR 7253 05:23:05,001 --> 05:23:06,000 McCAIN, AND MYSELF AS 7254 05:23:06,001 --> 05:23:09,000 CO-SPONSORS. 7255 05:23:09,001 --> 05:23:10,000 IT IS A PENDING AMENDMENT. 7256 05:23:10,001 --> 05:23:12,000 MR. PRESIDENT. 7257 05:23:12,001 --> 05:23:14,000 THE PURPOSE OF THIS AMENDMENT IS 7258 05:23:14,001 --> 05:23:17,000 REALLY QUITE STRAIGHTFORWARD. 7259 05:23:17,001 --> 05:23:19,000 IT WOULD PREVENT THE USE OF ANY 7260 05:23:19,001 --> 05:23:20,000 FUNDS MADE AVAILABLE TO THE 7261 05:23:20,001 --> 05:23:22,000 DEPARTMENT OF JUSTICE BY THIS 7262 05:23:22,001 --> 05:23:26,000 APPROPRIATIONS BILL FROM BEING 7263 05:23:26,001 --> 05:23:38,000 USED TO PROSECUTE ANY INDIVIDUAL 7264 05:23:38,001 --> 05:23:41,000 SU 7265 05:23:41,001 --> 05:23:42,000 9/11/2001 ATTACKS IN AN ARTICLE 7266 05:23:42,001 --> 05:23:46,000 3 COURT. 7267 05:23:46,001 --> 05:23:48,000 AN ARTICLE 3 COURT IS A REGULAR 7268 05:23:48,001 --> 05:23:50,000 FEDERAL COURT MADE PURSUANT TO 7269 05:23:50,001 --> 05:23:52,000 ARTICLE 3 OF OUR CONSTITUTION. 7270 05:23:52,001 --> 05:23:54,000 NOW, WHY WOULD WE FEEL WE NEED 7271 05:23:54,001 --> 05:24:00,000 TO DO SUCH A THING? 7272 05:24:00,001 --> 05:24:05,000 IT IS BECAUSE THE CURRENT 7273 05:24:05,001 --> 05:24:09,000 OTOCOL GOVER GOVERNING THE 7274 05:24:09,001 --> 05:24:10,000 DISPOSITION OF CASES REERVEL TO 7275 05:24:10,001 --> 05:24:12,000 PROSECUTION OF DETAINEES 7276 05:24:12,001 --> 05:24:14,000 CURRENTLY HELD AT GUANTANAMO 7277 05:24:14,001 --> 05:24:16,000 BAY, CUBA, THE CURRENT PROTOCOL 7278 05:24:16,001 --> 05:24:18,000 OF THE UNITED STATES DEPARTMENT 7279 05:24:18,001 --> 05:24:21,000 OF JUSTICE GOVERNING THE 7280 05:24:21,001 --> 05:24:24,000 REFERRAL OF THESE DETAINEES FROM 7281 05:24:24,001 --> 05:24:26,000 GUANTANAMO BAY SAYS AS FOLLOWS: 7282 05:24:26,001 --> 05:24:29,000 IN NUMBER TWO FACTORS FOR 7283 05:24:29,001 --> 05:24:32,000 DETERMINATION OF PROSECUTION. 7284 05:24:32,001 --> 05:24:34,000 AND I QUOTE -- "THERE IS A 7285 05:24:34,001 --> 05:24:36,000 PRESUMPTION THAT WHERE FEASIBLE 7286 05:24:36,001 --> 05:24:38,000 REFERRED CASES WILL BE 7287 05:24:38,001 --> 05:24:42,000 PROSECUTED IN AN ARTICLE 3 COURT 7288 05:24:42,001 --> 05:24:44,000 IN KEEPING WITH TRADITIONAL 7289 05:24:44,001 --> 05:24:45,000 PRINCIPLES OF FEDERAL 7290 05:24:45,001 --> 05:24:46,000 PROSECUTION." 7291 05:24:46,001 --> 05:24:50,000 END OF QUOTE. 7292 05:24:50,001 --> 05:24:52,000 MR. PRESIDENT, IT IS BECAUSE WE, 7293 05:24:52,001 --> 05:24:54,000 WHO ARE SPONSORING THIS 7294 05:24:54,001 --> 05:25:00,000 AMENDMENT, THINK THAT THERE IS A 7295 05:25:00,001 --> 05:25:03,000 FUNDAMENTAL ERROR OF 7296 05:25:03,001 --> 05:25:07,000 IN FACT, IN ITS WAY AN ACT OF 7297 05:25:07,001 --> 05:25:09,000 INJUSTICE THAT THESE INDIVIDUALS 7298 05:25:09,001 --> 05:25:13,000 INDIVIDUALS, SUSPECTED TERRORISTS BEING HELD AT 7299 05:25:13,001 --> 05:25:17,000 GUANTANAMO BAY, CUBA, SUSPECTED 7300 05:25:17,001 --> 05:25:18,000 IN THIS CASE, ACCORDING TO OUR 7301 05:25:18,001 --> 05:25:22,000 AMENDMENT, OF HAVING BEEN 7302 05:25:22,001 --> 05:25:25,000 INVOLVED IN THE ATTACKS OF 9/11 7303 05:25:25,001 --> 05:25:28,000 ON THE UNITED STATES WHICH 7304 05:25:28,001 --> 05:25:30,000 RESULTED IN THE DEATHS OF ALMOST 7305 05:25:30,001 --> 05:25:34,000 3,000 PEOPLE, THAT THESE 7306 05:25:34,001 --> 05:25:38,000 INDIVIDUALS WOULD BE TRIED IN A REGULAR UNITED STATES FEDERAL 7307 05:25:38,001 --> 05:25:41,000 COURT AS IF THEY WERE ACCUSED OF 7308 05:25:41,001 --> 05:25:47,000 -- OF VIOLATING OUR CRIMINAL LAWS. 7309 05:25:47,001 --> 05:25:48,000 THEY ARE 7310 05:25:48,001 --> 05:25:50,000 UNCOMMON CRIMINALS. 7311 05:25:50,001 --> 05:25:53,000 THEY ARE SUSPECTED OF BEING WAR 7312 05:25:53,001 --> 05:25:55,000 CRIMINALS. 7313 05:25:55,001 --> 05:25:59,000 AND, AS SUCH, THEY SHOULD NOT BE 7314 05:25:59,001 --> 05:26:00,000 BROUGHT TO PROSECUTION IN A 7315 05:26:00,001 --> 05:26:03,000 TRADITIONAL FEDERAL COURT ALONG 7316 05:26:03,001 --> 05:26:06,000 WITH OTHER ACCUSED CRIMINALS, 7317 05:26:06,001 --> 05:26:08,000 CITIZENS OF THE UNITED STATES 7318 05:26:08,001 --> 05:26:10,000 WHO HAVE THEIR RIGHT TO ALL THE 7319 05:26:10,001 --> 05:26:14,000 PROTECTIONS OF OUR CONSTITUTION 7320 05:26:14,001 --> 05:26:16,000 IN THE FEDERAL 7321 05:26:16,001 --> 05:26:20,000 COURTS OF THE UNITED STATES. 7322 05:26:20,001 --> 05:26:21,000 THESE ARE 7323 05:26:21,001 --> 05:26:23,000 WAR CRIMINALS WHO ARE NOT 7324 05:26:23,001 --> 05:26:28,000 ENTITLED TO ALL OF THOSE 7325 05:26:28,001 --> 05:26:30,000 PROTECTIONS OF OUR CONSTITUTION 7326 05:26:30,001 --> 05:26:36,000 AND WHOSE PROSECUTION SHOULD NOT 7327 05:26:36,001 --> 05:26:38,000 BE CONFUSED AS A NORMAL CRIMINAL LAW PROSECUTION. 7328 05:26:38,001 --> 05:26:40,000 THEY ARE WARRIMINALS. 7329 05:26:40,001 --> 05:26:43,000 THEY OUGHT TO BE TRIED ACCORDING 7330 05:26:43,001 --> 05:26:46,000 TO -- TO ALL 7331 05:26:46,001 --> 05:26:48,000 PREVAIL FOR WAR CRIMINALS, 7332 05:26:48,001 --> 05:26:49,000 INCLUDING, OF COURSE, THE GENEVA 7333 05:26:49,001 --> 05:26:52,000 CONVENTION. 7334 05:26:52,001 --> 05:26:54,000 THIS CONGRESS HAS ESTABLISHED A 7335 05:26:54,001 --> 05:26:56,000 TRADITION, AND IMPROVED IN 7336 05:26:56,001 --> 05:27:03,000 RECENT TIMES, A TRADITION OF A 7337 05:27:03,001 --> 05:27:05,000 SYSTEM OF MILITARY COMMISSIONS, 7338 05:27:05,001 --> 05:27:08,000 OF CONGRESS, SIGNED INTO LAW BY 7339 05:27:08,001 --> 05:27:10,000 THE PRESIDENT, WHICH PROVIDES 7340 05:27:10,001 --> 05:27:13,000 STANDARDS OF DUE PROCESS AND 7341 05:27:13,001 --> 05:27:17,000 FAIRNESS IN THE TRIAL OF 7342 05:27:17,001 --> 05:27:19,000 SUSPECTED WAR CRIMINALS, NOT 7343 05:27:19,001 --> 05:27:22,000 JUST IN COMPLIANCE WITH THE 7344 05:27:22,001 --> 05:27:23,000 GENEVA CONVENTION, BUT -- AND 7345 05:27:23,001 --> 05:27:27,000 THE SUPREME COURT OF THE UNITED 7346 05:27:27,001 --> 05:27:28,000 STATES, BUT WELL ABOVE WHAT -- 7347 05:27:28,001 --> 05:27:30,000 WHAT THE STANDARDS THAT HAVE 7348 05:27:30,001 --> 05:27:31,000 BEEN REQUIRED BY BOTH THE 7349 05:27:31,001 --> 05:27:33,000 SUPREME COURT OF THE UNITED 7350 05:27:33,001 --> 05:27:36,000 STATES AND THE GENEVA 7351 05:27:36,001 --> 05:27:40,000 CONVENTION. 7352 05:27:40,001 --> 05:27:43,000 THOSE WHO WERE 7353 05:27:43,001 --> 05:27:46,000 COMMITTING THE HEINOUS COWARDLY 7354 05:27:46,001 --> 05:27:50,000 ACTS OF INTENTIONALLY TARGETING 7355 05:27:50,001 --> 05:27:54,000 UNSUSPECTING, DEFENSELESS 7356 05:27:54,001 --> 05:27:57,000 PART OF A LARGER DECLARED WAR OF 7357 05:27:57,001 --> 05:27:58,000 ISLAMIST EXTREMISTS AGAINST, 7358 05:27:58,001 --> 05:28:00,000 FRANKLY, ANYBODY WHO'S NOT LIKE 7359 05:28:00,001 --> 05:28:02,000 THEM. 7360 05:28:02,001 --> 05:28:04,000 THE MOST NUMEROUS VICTIMS OF 7361 05:28:04,001 --> 05:28:07,000 THESIS LAMBIST TERRORISTS AROUND 7362 05:28:07,001 --> 05:28:08,000 THE WORLD -- ISLAMISTS 7363 05:28:08,001 --> 05:28:09,000 TERRORISTS AROUND THE WORLD ARE 7364 05:28:09,001 --> 05:28:11,000 MUSLIMS WHO DON'T AGREE WITH 7365 05:28:11,001 --> 05:28:13,000 THEM IN THEIR EXTREMISM. 7366 05:28:13,001 --> 05:28:14,000 BUT THEY'VE KILLED MANY PEOPLE 7367 05:28:14,001 --> 05:28:15,000 OF OTHER RELIGIONS. 7368 05:28:15,001 --> 05:28:18,000 WHEN THEY STRUCK US IN THE 7369 05:28:18,001 --> 05:28:23,000 UNITED STATES ON 9/11, THEY 7370 05:28:23,001 --> 05:28:26,000 KILLED AN EXTRAORDINARILY 7371 05:28:26,001 --> 05:28:27,000 CLASSIC AMERICAN DISVERS 7372 05:28:27,001 --> 05:28:29,000 OF PEOPLE. 7373 05:28:29,001 --> 05:28:30,000 THE ONLY REASON THEY WERE 7374 05:28:30,001 --> 05:28:32,000 TARGETED IS THE 7375 05:28:32,001 --> 05:28:33,000 UNITED STATES OF AMERICA. 7376 05:28:33,001 --> 05:28:35,000 SO THE TERRORISTS -- THESE 7377 05:28:35,001 --> 05:28:38,000 PEOPLE WHO ARE SUSPECTED OF 7378 05:28:38,001 --> 05:28:40,000 BEING TERRORISTS PARTICIPATING 7379 05:28:40,001 --> 05:28:44,000 IN AND AIDING THE ATTACKS OF 7380 05:28:44,001 --> 05:28:45,000 9/11 ARE WAR CRIMINALS, NOT 7381 05:28:45,001 --> 05:28:47,000 COMMON CRIMINALS, AND THEY 7382 05:28:47,001 --> 05:28:49,000 SHOULD THEREFORE, BE TRIE 7383 05:28:49,001 --> 05:28:51,000 MILITARY COMMISSION SYSTEM WHICH 7384 05:28:51,001 --> 05:28:53,000 GOES -- THE 7385 05:28:53,001 --> 05:28:54,000 GO BACK AS LONG AS THE 7386 05:28:54,001 --> 05:28:55,000 REVOLUTIONARY WAR IN THE UNITED 7387 05:28:55,001 --> 05:28:57,000 STATES OF AMERICA. 7388 05:28:57,001 --> 05:28:59,000 IT'S PROUD AND FAIR TRADITION 7389 05:28:59,001 --> 05:29:01,000 MUCH WE HAVE UPGRADE 7390 05:29:01,001 --> 05:29:03,000 STRENGTHENED ALL THE DUE PROCESS 7391 05:29:03,001 --> 05:29:06,000 AND LEGAL PROTECTIONS AFTER 9/11. 7392 05:29:06,001 --> 05:29:08,000 SO WHY WE WOULD TAKE THESE WAR 7393 05:29:08,001 --> 05:29:10,000 CRIMINALS -- SUSPECTED WAR 7394 05:29:10,001 --> 05:29:11,000 CRIMINALS AN BRING THEM INTO THE 7395 05:29:11,001 --> 05:29:12,000 CRIMINAL COURTS OF THE UNITED 7396 05:29:12,001 --> 05:29:14,000 STATES AND GIVE THEM THE RIGHTS 7397 05:29:14,001 --> 05:29:15,000 OF THE CONSTITUTION, I DON'T 7398 05:29:15,001 --> 05:29:19,000 UNDERSTAND. 7399 05:29:19,001 --> 05:29:21,000 MR. PRESIDENT, AS 7400 05:29:21,001 --> 05:29:24,000 I THINK IT IS TODAY, 7401 05:29:24,001 --> 05:29:26,000 NOVEMBER 5th, THE LETTER IS 7402 05:29:26,001 --> 05:29:27,000 DATED, MEMBERS -- EVERY MEMBER 7403 05:29:27,001 --> 05:29:30,000 OF THE UNITED STATES SENATE 7404 05:29:30,001 --> 05:29:34,000 RECEIVED A LETTER FROM QUITE A 7405 05:29:34,001 --> 05:29:39,000 LARGE NUMBER OF FAMILIES OF 7406 05:29:39,001 --> 05:29:40,000 VICTIMS OF 9/11. 7407 05:29:40,001 --> 05:29:42,000 140-PLUS AT THE LAST WRITING. 7408 05:29:42,001 --> 05:29:43,000 I JUST WANT TO READ BRIEFLY FROM THE LETTER. 7409 05:29:43,001 --> 05:29:47,000 THE LETTER IS IN SUPPORT OF THE 7410 05:29:47,001 --> 05:29:48,000 AMENDMENT THAT SENATORS GRAHAM, 7411 05:29:48,001 --> 05:29:50,000 WEBB, McCAIN AND I HAVE INTRODUCED." 7412 05:29:50,001 --> 05:29:55,000 THE AMERICAN PEOPLE WERE RIGHTLY 7413 05:29:55,001 --> 05:29:58,000 OUTRAGED BY THIS ACT OF WAR OF SEPTEMBER 11. 7414 05:29:58,001 --> 05:30:00,000 WHETHER THE CAUSE WAS RETRIBUTION OR RECOGNIZE MISSION 7415 05:30:00,001 --> 05:30:02,000 OF OUR COMMON HUMANITY, THE 7416 05:30:02,001 --> 05:30:05,000 WORDS NEVER FORGET WERE INVOKED 7417 05:30:05,001 --> 05:30:06,000 IN TEARFUL AND ANGRY RECTITUDE, 7418 05:30:06,001 --> 05:30:09,000 DEFIANTLY WRITTEN IN THE DUST OF 7419 05:30:09,001 --> 05:30:11,000 GROUND ZERO, OUR HUMBLY PENNED 7420 05:30:11,001 --> 05:30:12,000 ON MAKE-SHIFT MEMORIALS ERECTED 7421 05:30:12,001 --> 05:30:13,000 ALL ACROSS THIS LAND. 7422 05:30:13,001 --> 05:30:15,000 THE COUNTRY WAS UNITED 7423 05:30:15,001 --> 05:30:18,000 DETERMINATION THAT THESE ACTS 7424 05:30:18,001 --> 05:30:20,000 SHOULD NOT GO UNMARKED AND UNPUNISHED. 7425 05:30:20,001 --> 05:30:24,000 EIGHT LONG YEARS HAVE PASSED 7426 05:30:24,001 --> 05:30:25,000 SINCE THAT DARK AND ." 7427 05:30:25,001 --> 05:30:27,000 AND REMBER, MR. PRESIDENT, 7428 05:30:27,001 --> 05:30:32,000 THIS IS WRITTEN BY PEOPLE WHO 7429 05:30:32,001 --> 05:30:33,000 HAVE LOST DEAR ONES ON 9/11. 7430 05:30:33,001 --> 05:30:35,000 "SADLY, SOME HAVE FORGOTTEN THE 7431 05:30:35,001 --> 05:30:39,000 PROMISES WE MADE TO THOSE WHOSE 7432 05:30:39,001 --> 05:30:41,000 LIVES WERE TAKEN IN SUCH A CRUEL 7433 05:30:41,001 --> 05:30:42,000 AND VICIOUS MANNER." 7434 05:30:42,001 --> 05:30:43,000 WE HAVE NOT FORGOTTEN. 7435 05:30:43,001 --> 05:30:46,000 WE ARE THE HUSBANDS AND WIVES 7436 05:30:46,001 --> 05:30:49,000 AND MOTHERS AND FATHERS, SONS, 7437 05:30:49,001 --> 05:30:51,000 DAUGHTERS, SISTERS, BROTHERS AND 7438 05:30:51,001 --> 05:30:53,000 OTHER FAMILY MEMBERS OF THE 7439 05:30:53,001 --> 05:30:58,000 VICTIMS OF THESE DEPRAVED AND 7440 05:30:58,001 --> 05:31:01,000 BARBARIC ATTACKS, AND WE FEEL A 7441 05:31:01,001 --> 05:31:05,000 PROFOUND OBLIGATION TO ENSURE 7442 05:31:05,001 --> 05:31:06,000 THAT JUSTICE IS DONE ON THEIR 7443 05:31:06,001 --> 05:31:09,000 BEHALF. 7444 05:31:09,001 --> 05:31:10,000 IT IS, THEY 7445 05:31:10,001 --> 05:31:11,000 INCOMPREHENSIBLE TO US THAT 7446 05:31:11,001 --> 05:31:12,000 MEMBERS OF THE UNITED STATES 7447 05:31:12,001 --> 05:31:14,000 CONGRESS WOULD PROPOSE THAT THE 7448 05:31:14,001 --> 05:31:16,000 SAME MEN WHO TODAY REFER TO THE 7449 05:31:16,001 --> 05:31:19,000 MURDER OF OUR LOVED ONES AS A 7450 05:31:19,001 --> 05:31:20,000 BLESSED DAY A 7451 05:31:20,001 --> 05:31:22,000 UNITED STATES CAPITOL FOR THE 7452 05:31:22,001 --> 05:31:24,000 SAME KIND OF DESTRUCTION THAT 7453 05:31:24,001 --> 05:31:25,000 WAS WROUGHT IN NEW YORK, 7454 05:31:25,001 --> 05:31:29,000 VIRGINIA, AND PENNSYLVANIA 7455 05:31:29,001 --> 05:31:31,000 SHOULD BE THE BENEFICIARIES OF A 7456 05:31:31,001 --> 05:31:33,000 SOCIAL COMPACT OF WHICH THEY ARE 7457 05:31:33,001 --> 05:31:35,000 NOT A PART. 7458 05:31:35,001 --> 05:31:39,000 DO NOT RECOGNIZE, AND WHICH THEY 7459 05:31:39,001 --> 05:31:42,000 SEEK TO DESTROY THE UNITED 7460 05:31:42,001 --> 05:31:46,000 STATES CONSTITUTION." 7461 05:31:46,001 --> 05:31:49,000 SO THEY SAY -- "WE ADAMANTLY 7462 05:31:49,001 --> 05:31:51,000 OP 7463 05:31:51,001 --> 05:31:55,000 WHICH WOULD PROVIDE THEM WITH 7464 05:31:55,001 --> 05:31:58,000 THE VERY RIGHTS THAT MAY MAKE I 7465 05:31:58,001 --> 05:32:01,000 POSSIBLE FOR THEM TO ESCAPE THE 7466 05:32:01,001 --> 05:32:02,000 JUSTICE WHICH THEY SO RICHLY DESERVE. 7467 05:32:02,001 --> 05:32:05,000 WE BELIEVE THAT MILITARY 7468 05:32:05,001 --> 05:32:07,000 COMMISSIONS ARE THE APPROPRIATE 7469 05:32:07,001 --> 05:32:12,000 LEGAL FORUM FOR THE INDIVIDUALS 7470 05:32:12,001 --> 05:32:14,000 WHO 7471 05:32:14,001 --> 05:32:16,000 MR. PRESIDENT, I KNOW THERE WILL 7472 05:32:16,001 --> 05:32:20,000 BE FURTHER DEBATE ON 7473 05:32:20,001 --> 05:32:22,000 ASK MY COLLEAGUES TO JOIN IN THIS. 7474 05:32:22,001 --> 05:32:25,000 WE'RE DOING IT NOT JUST BECAUSE 7475 05:32:25,001 --> 05:32:27,000 OF THEROTOCOL 7476 05:32:27,001 --> 05:32:29,000 THE BEGINNING, BUT BECAUSE OF 7477 05:32:29,001 --> 05:32:31,000 STORIES THAT ARE EMANATING THAT 7478 05:32:31,001 --> 05:32:32,000 PERHAPS AS EARLY AS NEXT WEEK, 7479 05:32:32,001 --> 05:32:36,000 THE DEPARTMENT OF JUSTICE WILL 7480 05:32:36,001 --> 05:32:41,000 ANNOUNCE THAT THEY ARE GOING TO 7481 05:32:41,001 --> 05:32:43,000 BRING KHALID SHEIKH MUHAMMAD, 7482 05:32:43,001 --> 05:32:45,000 THE MAN WHO PLANNED THE 9/11 7483 05:32:45,001 --> 05:32:48,000 ATTACKS, WHO IS IN OUR CUSTODY 7484 05:32:48,001 --> 05:32:50,000 TO TRIAL IN A FEDERAL COURT. 7485 05:32:50,001 --> 05:32:51,000 THIS MAN IS, FROM ALL THAT I 7486 05:32:51,001 --> 05:32:55,000 KNOW, ONE OF THE DEVILS OF 7487 05:32:55,001 --> 05:32:56,000 HISTORY, AN EVIL MAN WHO 7488 05:32:56,001 --> 05:32:58,000 TERRIBLE DESTRUCTION AND 7489 05:32:58,001 --> 05:33:00,000 SUFFERING ON OUR COUNTRY, AND HE 7490 05:33:00,001 --> 05:33:02,000 OUGHT TO BE GIVEN DUE PROCESS 7491 05:33:02,001 --> 05:33:05,000 BUT HE OUGHT TO BE GIVEN DUE 7492 05:33:05,001 --> 05:33:06,000 PROCESS IN A FORUM RESERVED FOR 7493 05:33:06,001 --> 05:33:08,000 SUSPECTED WAR CRIMINALS, AND 7494 05:33:08,001 --> 05:33:10,000 THAT IS COMMISSIONS. 7495 05:33:10,001 --> 05:33:13,000 I THANK TH 7496 05:33:13,001 --> 05:33:14,000 THE FLOOR. 7497 05:33:14,001 --> 05:33:16,000 THE PRESIDING OFFICER: THE 7498 05:33:16,001 --> 05:33:18,000 SENIOR SENATOR 7499 05:33:18,001 --> 05:33:19,000 RECOGNIZED. 7500 05:33:19,001 --> 05:33:21,000 MR. McCAIN: I THANK YOU, MR. PRESIDENT. 7501 05:33:21,001 --> 05:33:23,000 I THANK MY FRIEND AND COLLEAGUE, 7502 05:33:23,001 --> 05:33:25,000 SENATOR LIEBERMAN, ALONG WITH 7503 05:33:25,001 --> 05:33:28,000 SENATOR GRAHAM, SENATOR WEBB. 7504 05:33:28,001 --> 05:33:29,000 WE ARE STRONGLY SUPPO 7505 05:33:29,001 --> 05:33:31,000 AMENDMENT. 7506 05:33:31,001 --> 05:33:33,000 SENATOR LIEBERMAN MADE REFERENCE 7507 05:33:33,001 --> 05:33:39,000 TO A LETTER THAT'S CUR 7508 05:33:39,001 --> 05:33:40,000 BEEN SIGNED BY 214 9/11 FAMILY 7509 05:33:40,001 --> 05:33:41,000 MEMBERS, AND, MR. PRESIDENT, I 7510 05:33:41,001 --> 05:33:43,000 WOULD ASK UNANIMOUS CONSENT THAT 7511 05:33:43,001 --> 05:33:45,000 THIS LETTER BE MADE PART OF THE 7512 05:33:45,001 --> 05:33:47,000 RECORD, ALONG WITH AN ARTICLE 7513 05:33:47,001 --> 05:33:49,000 FROM THE "WALL STREET JOURNAL," 7514 05:33:49,001 --> 05:33:52,000 OCTOBER 19, 2009, ENTITLED 7515 05:33:52,001 --> 05:33:57,000 "CIV 7516 05:33:57,001 --> 05:33:58,000 TRY TERRORISTS" BY MICHAEL 7517 05:33:58,001 --> 05:33:59,000 B.MUCASEY, THE FORMER ATTORNEY 7518 05:33:59,001 --> 05:34:00,000 GENERAL OF THE UNITED STATES OF AMERICA. 7519 05:34:00,001 --> 05:34:02,000 THE PRESIDING OFFICER: WITHOUT OBJECTION. 7520 05:34:02,001 --> 05:34:05,000 MR. McCAIN: AND I URGE MY COLLEAGUES WHO WILL BE MADE 7521 05:34:05,001 --> 05:34:09,000 AWARE OF A LETTER FROM 7522 05:34:09,001 --> 05:34:10,000 MR. HOLDER AND SECRETARY GATES 7523 05:34:10,001 --> 05:34:13,000 WHO -- URGING DEFEAT 7524 05:34:13,001 --> 05:34:14,000 AMENDMENT TO LK AT THE 7525 05:34:14,001 --> 05:34:16,000 PREVIOUS ATTORNEY GENERAL OF THE 7526 05:34:16,001 --> 05:34:17,000 UNITED STATES VIEWS WHICH ARE 7527 05:34:17,001 --> 05:34:19,000 DIAMETRICALLY OPPOSED. 7528 05:34:19,001 --> 05:34:21,000 MR. PRESIDENT, THE 9 7529 05:34:21,001 --> 05:34:23,000 SAY, AND I QUOTE -- AND I'M SURE 7530 05:34:23,001 --> 05:34:26,000 THEY REPRESENT ALL O THE 9/11 7531 05:34:26,001 --> 05:34:28,000 FAMILIES, AND I QUOTE -- "WE 7532 05:34:28,001 --> 05:34:30,000 ADAMANTLY OPPOSE PROSECUTING THE 7533 05:34:30,001 --> 05:34:33,000 9/11 CONSPIRATORS IN ARTICLE 3 7534 05:34:33,001 --> 05:34:34,000 COURTS WHICH WOULD PROVIDE 7535 05:34:34,001 --> 05:34:36,000 THEM -- WOULD PROVIDE THEM WITH 7536 05:34:36,001 --> 05:34:38,000 THE VERY RIGHTS THAT MAY MAKE IT 7537 05:34:38,001 --> 05:34:41,000 POSSIBLE FOR THEM TO ESCAPE THE 7538 05:34:41,001 --> 05:34:43,000 JUSTICE WHICH THEY SO RICHLY DESERVE. 7539 05:34:43,001 --> 05:34:44,000 WE BELIEVE THAT MILITARY 7540 05:34:44,001 --> 05:34:46,000 COMMISSIONS WHICH HAVE A LONG 7541 05:34:46,001 --> 05:34:48,000 AND HONORABLE HISTORY IN THIS 7542 05:34:48,001 --> 05:34:49,000 COUNTRY DATING BACK TO THE 7543 05:34:49,001 --> 05:34:51,000 REVOLUTIONARY WAR ARE THE 7544 05:34:51,001 --> 05:34:55,000 APPROPATE LEGAL FORUM FOR THE 7545 05:34:55,001 --> 05:34:57,000 INDIVIDUALS WHO DECLARED WAR ON 7546 05:34:57,001 --> 05:34:59,000 AMERICA WITH UTTER DISDAIN FOR 7547 05:34:59,001 --> 05:35:01,000 ALL THE NORMS OF DECENCY AND 7548 05:35:01,001 --> 05:35:03,000 HUMANITY, AND IN DEFIANCE OF THE 7549 05:35:03,001 --> 05:35:04,000 LAWS OF WARFARE ACCEPTED BY ALL 7550 05:35:04,001 --> 05:35:05,000 CIVILIZED NATIONS, THESE 7551 05:35:05,001 --> 05:35:08,000 INDIVIDUALS TARGETED THE TENS OF 7552 05:35:08,001 --> 05:35:10,000 THOUSANDSF CIVILIAN 7553 05:35:10,001 --> 05:35:12,000 NONCOMBATANTS BRUTALLY KILLING 7554 05:35:12,001 --> 05:35:14,000 3,000 MEN, WOMEN, AND CHILDREN, 7555 05:35:14,001 --> 05:35:15,000 INJURING THOUSANDS MORE AND 7556 05:35:15,001 --> 05:35:17,000 TERRORIZING MILLIONS." 7557 05:35:17,001 --> 05:35:18,000 THAT'S THE VIEW OF THE -- OF 7558 05:35:18,001 --> 05:35:19,000 THOSE WHO WERE DIRECTLY -- I 7559 05:35:19,001 --> 05:35:22,000 WOULD BE GLAD TO RESPOND TO A 7560 05:35:22,001 --> 05:35:24,000 QUESTION FROM THE SENATOR FROM ILLINOIS. 7561 05:35:24,001 --> 05:35:25,000 MR. DURBIN: I THANK THE SENATOR FROM ARIZONA. 7562 05:35:25,001 --> 05:35:27,000 I WOULD ASK THE SENATOR IF HE 7563 05:35:27,001 --> 05:35:28,000 WOULD BE KIND ENOUGH TO ASK FOR 7564 05:35:28,001 --> 05:35:30,000 UNANIMOUS CONSENT THAT I 7565 05:35:30,001 --> 05:35:31,000 FOLLOW HIM SPEAKING AFTER HIS 7566 05:35:31,001 --> 05:35:32,000 REMARKS. 7567 05:35:32,001 --> 05:35:33,000 MR. McCAIN: I ASK UNANIMOUS 7568 05:35:33,001 --> 05:35:34,000 CONSENT THE SENATOR FROM 7569 05:35:34,001 --> 05:35:36,000 ILLINOIS FOLLOW. THE PRESIDING OFFICER: WITHOUT 7570 05:35:36,001 --> 05:35:37,000 OBJECTION, SO ORDERED. 7571 05:35:37,001 --> 05:35:39,000 MR. McCAIN: ANYWAY, 7572 05:35:39,001 --> 05:35:40,000 MR. PRESIDENT, THESE ARE THE 7573 05:35:40,001 --> 05:35:43,000 9/11 FAMILIES. 7574 05:35:43,001 --> 05:35:45,000 THESE ARE -- ALL AMERICANS WERE 7575 05:35:45,001 --> 05:35:48,000 IMPACTED BY 9/11, THE 9/11 7576 05:35:48,001 --> 05:35:50,000 FALIES IN THE MOST TRAGIC FASHION. 7577 05:35:50,001 --> 05:35:52,000 THIS IS A VERY STRONG LETTER 7578 05:35:52,001 --> 05:35:55,000 FROM THEM CONCERNING THE STRONG 7579 05:35:55,001 --> 05:35:57,000 DESIRE THAT THEY NOT -- THESE 7580 05:35:57,001 --> 05:36:00,000 CRIMINALS NOT BE -- THESE 9/11 7581 05:36:00,001 --> 05:36:02,000 CONSPIRATORS NOT BE TRIED IN 7582 05:36:02,001 --> 05:36:05,000 ARTICLE 3 COURTS BUT BE TRIED 7583 05:36:05,001 --> 05:36:08,000 ACCORDING TO THE MILITARY 7584 05:36:08,001 --> 05:36:11,000 COMMISSIONS. 7585 05:36:11,001 --> 05:36:12,000 WITH THE 9/11 VICTIMS EXPERIENCE 7586 05:36:12,001 --> 05:36:15,000 AN ACT OF WAR AGAINST THE UNITED 7587 05:36:15,001 --> 05:36:16,000 STATES CARRIED OUT NOT ON SOME 7588 05:36:16,001 --> 05:36:17,000 DISTANT SHORE BUT IN OUR 7589 05:36:17,001 --> 05:36:19,000 COMMUNITIES ON THE VERY SYMBOLS 7590 05:36:19,001 --> 05:36:21,000 OF OUR NATIONAL POWER, BECAUSE 7591 05:36:21,001 --> 05:36:23,000 IT INVOLVED ATTACKS ON INNOCENT 7592 05:36:23,001 --> 05:36:24,000 CIVILIANS AND INNOCENT CIVILIAN TARGETS. 7593 05:36:24,001 --> 05:36:27,000 IT IS A WAR CRIME. 7594 05:36:27,001 --> 05:36:30,000 IT IS A WAR CRIME THAT WAS 7595 05:36:30,001 --> 05:36:31,000 COMMITTED BY THE 9/11 7596 05:36:31,001 --> 05:36:32,000 TERRORISTS. 7597 05:36:32,001 --> 05:36:34,000 IT'S IMPORTANT THAT WE CALL 7598 05:36:34,001 --> 05:36:36,000 THINGS WHAT THEY ARE AND NOT 7599 05:36:36,001 --> 05:36:37,000 GLOSS OVER THE ESSENCE OF THESE 7600 05:36:37,001 --> 05:36:39,000 EVENTS, EVEN THOUGH THEY 7601 05:36:39,001 --> 05:36:41,000 OCCURRED EIGHT YEARS AGO. 7602 05:36:41,001 --> 05:36:43,000 IN RESPONSE TO THE ATTACKS, 7603 05:36:43,001 --> 05:36:45,000 OVERWHELMINGLY PASSED THE 7604 05:36:45,001 --> 05:36:47,000 AUTHORIZATION FOR THE USE OF 7605 05:36:47,001 --> 05:36:49,000 MILITARY FORCE, GIVING THE 7606 05:36:49,001 --> 05:36:50,000 PRESIDENT THE AUTHORITY TO USE 7607 05:36:50,001 --> 05:36:53,000 ALL NECESSARY AND APPROPRIATE 7608 05:36:53,001 --> 05:36:56,000 FORCE AGAINST THOSE NATIONS, 7609 05:36:56,001 --> 05:36:58,000 ORGANIZATIONS, ORERSONS HE 7610 05:36:58,001 --> 05:36:59,000 DETERMINES PLANNED, AUTHORIZED, 7611 05:36:59,001 --> 05:37:00,000 COMMITTED, OR AIDED THE 7612 05:37:00,001 --> 05:37:02,000 TERRORIST ATTACKS THAT OCCURRED 7613 05:37:02,001 --> 05:37:04,000 ON SEPTEMBER 11, 2001. 7614 05:37:04,001 --> 05:37:06,000 THEENATE PASSED THIS 7615 05:37:06,001 --> 05:37:08,000 LEGISLATION UNANIMOUSLY. 7616 05:37:08,001 --> 05:37:10,000 THE AUTHORIZATION FOR THE USE OF 7617 05:37:10,001 --> 05:37:13,000 MILITARY FORCE RECOGNIZED THE 7618 05:37:13,001 --> 05:37:15,000 TRUE NATURE OF THESE ATTACKS AND 7619 05:37:15,001 --> 05:37:17,000 COMMITTED THE ENTIRE RESOURCES 7620 05:37:17,001 --> 05:37:18,000 OF THE UNITED STATES TO OUR 7621 05:37:18,001 --> 05:37:21,000 SELFDEFENSE IN LIGHT OF THE 7622 05:37:21,001 --> 05:37:22,000 GRAVE THREAT TO OUR NATIONAL 7623 05:37:22,001 --> 05:37:24,000 SECURITY ANDOREIGN 7624 05:37:24,001 --> 05:37:27,000 THE UNITED STATES DOES NOT GO TO 7625 05:37:27,001 --> 05:37:29,000 WAR OVER A DOMESTIC CRIMINAL 7626 05:37:29,001 --> 05:37:31,000 ACT, NOR SHOULD IT. 7627 05:37:31,001 --> 05:37:33,000 IT W CLEARLY UNDERSTOOD AT 7628 05:37:33,001 --> 05:37:35,000 THAT TIME THAT FAR MORE WAS AT STAKE. 7629 05:37:35,001 --> 05:37:37,000 WE SENT OUR SONS AND DAUGHTE 7630 05:37:37,001 --> 05:37:39,000 OFF TO WAR WHERE THEY HAVE BEEN 7631 05:37:39,001 --> 05:37:41,000 BRAVELY RISKING THEIR LIVES AND 7632 05:37:41,001 --> 05:37:42,000 FUTURES ON OUR BEHALF FOR THE 7633 05:37:42,001 --> 05:37:44,000 LAST EIGHT YEARS. 7634 05:37:44,001 --> 05:37:47,000 GIVEN THE FACTS AND HISTORY OF 7635 05:37:47,001 --> 05:37:49,000 THE 9/11 ATTACKS, W SHOULD NOT 7636 05:37:49,001 --> 05:37:51,000 DEAL WITH THE TREACHERY AND 7637 05:37:51,001 --> 05:37:53,000 BARBARISM OF THE SLAUGHTER OF 7638 05:37:53,001 --> 05:37:55,000 THOUSANDS OF INNOCENT CIVILIANS 7639 05:37:55,001 --> 05:37:57,000 AS A MATTER OF LAW ENFORCEMENT 7640 05:37:57,001 --> 05:37:59,000 IN THE ORDINARY SENSE. 7641 05:37:59,001 --> 05:38:01,000 TO DO SO WOULD BELITTLE THE 7642 05:38:01,001 --> 05:38:03,000 EVENTS THAT TRANSPIRED, THE 7643 05:38:03,001 --> 05:38:04,000 SYMBOLISM AND PURPOSE OF THE 7644 05:38:04,001 --> 05:38:06,000 ATTACKS, THE HUGE NUMBER OF 7645 05:38:06,001 --> 05:38:08,000 LIVES THAT WERE LOST, AND THE 7646 05:38:08,001 --> 05:38:10,000 THREAT POSED TO THE UNITED 7647 05:38:10,001 --> 05:38:11,000 STATES WHICH CONTINUES IN THE 7648 05:38:11,001 --> 05:38:15,000 CAVES AND SANCTUARIES OF AL 7649 05:38:15,001 --> 05:38:17,000 QAEDA TO THIS DAY. 7650 05:38:17,001 --> 05:38:19,000 DURING MY LIFE, I HAVE BEEN A WARRIOR. 7651 05:38:19,001 --> 05:38:20,000 ALTHOUGH THAT SEEMS A LONG TIME 7652 05:38:20,001 --> 05:38:22,000 AGO NOW. 7653 05:38:22,001 --> 05:38:23,000 I HAVE SOME EXPERIENCE IN THE 7654 05:38:23,001 --> 05:38:24,000 REALITY OF COMBAT AND THE 7655 05:38:24,001 --> 05:38:28,000 SUFFERING IT BRINGS. 7656 05:38:28,001 --> 05:38:30,000 I KNOW SOMETHING OF THE LAW OF 7657 05:38:30,001 --> 05:38:31,000 WAR, HAVING FOUGHT CONSTRAINED 7658 05:38:31,001 --> 05:38:34,000 BY IT AND HAVING LIVED THROUGH 7659 05:38:34,001 --> 05:38:36,000 WITH THE HELP OF MY COMRADES AND 7660 05:38:36,001 --> 05:38:39,000 MY FAITH TIMES WHEN MY FORMER 7661 05:38:39,001 --> 05:38:42,000 ENEMY FELT UNCONSTRAINED BY IT. 7662 05:38:42,001 --> 05:38:43,000 NO, THE ATTACKS OF 9/11 WERE NOT 7663 05:38:43,001 --> 05:38:47,000 A CRIME. 7664 05:38:47,001 --> 05:38:48,000 THEY WERE A WAR 7665 05:38:48,001 --> 05:38:50,000 TOGETHER WITH MY COLLEAGUES IN 7666 05:38:50,001 --> 05:38:51,000 CONGRESS, I'VE WORKED CLOSELY 7667 05:38:51,001 --> 05:38:53,000 WITH THE PRESIDENT TO PROVIDE A 7668 05:38:53,001 --> 05:38:54,000 MEANS TO ADDRESS WAR CRIMES 7669 05:38:54,001 --> 05:38:59,000 COMMITTED AGAINST THIS COUNTRY 7670 05:38:59,001 --> 05:39:00,000 IN A WAR CRIMES TRIBUNAL, THE 7671 05:39:00,001 --> 05:39:01,000 MILITARY COMMISSIONS ACT OF 7672 05:39:01,001 --> 05:39:02,000 2009. 7673 05:39:02,001 --> 05:39:03,000 IT WAS DESIGNED SPECIFICALLY FOR 7674 05:39:03,001 --> 05:39:06,000 THIS PURPOSE. 7675 05:39:06,001 --> 05:39:07,000 IT SHOULD BE UD NOT TO METE 7676 05:39:07,001 --> 05:39:09,000 OUT A GUILTY VERDICT AND 7677 05:39:09,001 --> 05:39:11,000 SENTENCE THAT COULD NOT BE 7678 05:39:11,001 --> 05:39:13,000 ACHIEVED IN FEDERAL CRIMINAL 7679 05:39:13,001 --> 05:39:15,000 COURT, BUT TO CALL THINGS WHAT 7680 05:39:15,001 --> 05:39:17,000 THEY ARE, TO BE UNSHAKABLE IN 7681 05:39:17,001 --> 05:39:20,000 OUR RESOLVE TO RESPOND TO THE 7682 05:39:20,001 --> 05:39:22,000 UNPRECEDENTED ACTS OF 9/11 CONSISTENT WITH THE 7683 05:39:22,001 --> 05:39:26,000 AUTHORIZATION FOR USE OF 7684 05:39:26,001 --> 05:39:27,000 MILITARY FORCE AND TO TELL THIS 7685 05:39:27,001 --> 05:39:29,000 AND ANY FUTURE ENEMY THAT WHEN 7686 05:39:29,001 --> 05:39:31,000 THEY ATTACK OUR INNOCENT 7687 05:39:31,001 --> 05:39:33,000 CIVILIANS AT HOME, WE WON'T BE 7688 05:39:33,001 --> 05:39:35,000 SENDING THE POLICE AFTER THEM TO 7689 05:39:35,001 --> 05:39:36,000 MAKE AN ARREST. 7690 05:39:36,001 --> 05:39:38,000 BY DENYING FUNDS TO THE 7691 05:39:38,001 --> 05:39:40,000 DEPARTMENT OF JUSTICE TO 7692 05:39:40,001 --> 05:39:42,000 PROSECUTE THESE HORRENDOUS 7693 05:39:42,001 --> 05:39:44,000 CRIMES IN ARTICLE 3 COURTS, I DO 7694 05:39:44,001 --> 05:39:46,000 NOT MEAN THAT THESE TRAIDGES 7695 05:39:46,001 --> 05:39:48,000 AGAINST OUR COUNTRY AND ITS 7696 05:39:48,001 --> 05:39:52,000 CITIZENS SHOULD 7697 05:39:52,001 --> 05:39:55,000 IN FACT, I'VE LONG ARGUED THAT 7698 05:39:55,001 --> 05:39:56,000 JUSTICE IN THESE CASES WAS LONG 7699 05:39:56,001 --> 05:39:59,000 OVERDUE AND THAT PROSECUTION 7700 05:39:59,001 --> 05:40:00,000 SHOULD BE PURSUED AS 7701 05:40:00,001 --> 05:40:01,000 EXPEDITIOUSLY AS POSSIBLE. 7702 05:40:01,001 --> 05:40:02,000 RATHER, MY SUPPORT FOR THIS 7703 05:40:02,001 --> 05:40:04,000 AMENDMENT ISASED ON MY 7704 05:40:04,001 --> 05:40:07,000 UNSHAKABLE VIEW THAT THESE 7705 05:40:07,001 --> 05:40:09,000 EVENTS WERE ACTS OF WAR AND WAR 7706 05:40:09,001 --> 05:40:11,000 CRIMES AND THAT THE PROPER FORUM 7707 05:40:11,001 --> 05:40:14,000 FOR BRINGING THE WAR CRIMINALS 7708 05:40:14,001 --> 05:40:16,000 TO JUSTICE IS A MILITARY 7709 05:40:16,001 --> 05:40:17,000 TRIBUNAL CONSISTENT WITH 7710 05:40:17,001 --> 05:40:20,000 LONG-STANDING TRADITIONS IN THIS 7711 05:40:20,001 --> 05:40:22,000 COUNTRY THAT DATE BACK TO GEORGE 7712 05:40:22,001 --> 05:40:24,000 WASHINGTON'S CONTINENTAL ARMY 7713 05:40:24,001 --> 05:40:27,000 DURING THE FOUNDING OF THE REPUBLIC. 7714 05:40:27,001 --> 05:40:28,000 FOR THAT REASON, I URGE MY 7715 05:40:28,001 --> 05:40:29,000 COLLEAGUES TO SUPPORT THIS 7716 05:40:29,001 --> 05:40:32,000 AMENDMENT SO THAT THE 7717 05:40:32,001 --> 05:40:35,000 PROSECUTION OF WAR CRIMES WILL 7718 05:40:35,001 --> 05:40:38,000 TAKE PLACE IN THE TRADITIONAL 7719 05:40:38,001 --> 05:40:40,000 AND LONG ACCEPTED FORUM OF A 7720 05:40:40,001 --> 05:40:42,000 MILITARY TRIBUNAL AS THE 7721 05:40:42,001 --> 05:40:44,000 CONGRESS OVERWHELMINGLY ENACTED 7722 05:40:44,001 --> 05:40:46,000 IN 2 7723 05:40:46,001 --> 05:40:49,000 DEFENSE AUTHORIZATION ACT FOR 7724 05:40:49,001 --> 05:40:50,000 2010 AMENDED AND APPROVED IN A 7725 05:40:50,001 --> 05:40:52,000 STATUTE THAT WAS ENACTED INTO 7726 05:40:52,001 --> 05:40:53,000 LAW BY PRESIDENT OBAMA JUST DAYS 7727 05:40:53,001 --> 05:40:57,000 AGO. 7728 05:40:57,001 --> 05:41:00,000 THAT WE WILL, AS WE HAVE IN THE 7729 05:41:00,001 --> 05:41:01,000 PAST, LISTEN TO THE FAMILIES OF 7730 05:41:01,001 --> 05:41:03,000 9/11. 7731 05:41:03,001 --> 05:41:06,000 FROM THE TRAUMA AND 7732 05:41:06,001 --> 05:41:07,000 THE TRAGEDY THAT -- THAT THEY 7733 05:41:07,001 --> 05:41:09,000 EXPERIENCED IN THE LOSS OF THEIR 7734 05:41:09,001 --> 05:41:11,000 FAMILIES, THEY BECAME A FORCE, 7735 05:41:11,001 --> 05:41:13,000 THEY BECAME A FORCE THAT WITHOUT 7736 05:41:13,001 --> 05:41:15,000 THEM WE WOULD HAVE NEVER HAD THE 7737 05:41:15,001 --> 05:41:16,000 9/11 COMMISSION, WE WOULD HAVE 7738 05:41:16,001 --> 05:41:18,000 NEVER BEEN ABLE TO MAKE THE 7739 05:41:18,001 --> 05:41:20,000 REFORMS THAT ARGUABLY HAS MADE 7740 05:41:20,001 --> 05:41:22,000 OUR NATION MUCH SAFER. 7741 05:41:22,001 --> 05:41:27,000 NOW TODAY THE FAMILIES ARE 7742 05:41:27,001 --> 05:41:28,000 STANDING UP AND SAYING TRY THESE 7743 05:41:28,001 --> 05:41:31,000 WAR CRIMINALS ACCORDING TO WAR 7744 05:41:31,001 --> 05:41:34,000 CRIMES WHICH THEY COMMITTED, THE 7745 05:41:34,001 --> 05:41:36,000 HEINOUS ACTS OF 9/11, WHICH I 7746 05:41:36,001 --> 05:41:38,000 FORGET. 7747 05:41:38,001 --> 05:41:39,000 MR. PRESIDENT, I HOPE WE WILL 7748 05:41:39,001 --> 05:41:44,000 VOTE IN FAVOR OF THE AMENDMENT, 7749 05:41:44,001 --> 05:41:45,000 AND I 7750 05:41:45,001 --> 05:41:46,000 MR. DURBIN: MR. PRESIDENT? 7751 05:41:46,001 --> 05:41:47,000 THE PRESIDING OFFICER: THE 7752 05:41:47,001 --> 05:41:48,000 SENATOR FROM ILLINOIS. 7753 05:41:48,001 --> 05:41:50,000 MR. DURBIN: MR. PRESIDENT, I?o 7754 05:41:50,001 --> 05:41:51,000 HAVE GREAT PRESIDENT FOR MY 7755 05:41:51,001 --> 05:41:52,000 COLLEAGUES FROM ARIZONA AND FROM 7756 05:41:52,001 --> 05:41:54,000 CONNECTICUT, BUT I RESPECTFULLY 7757 05:41:54,001 --> 05:41:56,000 DISAGREE WITH THEM ON THIS AMENDMENT. 7758 05:41:56,001 --> 05:41:58,000 IF THIS AMENDMENT PASSES, IT 7759 05:41:58,001 --> 05:42:01,000 WILL 7760 05:42:01,001 --> 05:42:04,000 THE WORLD WHO CANNOT BE TRIED IN 7761 05:42:04,001 --> 05:42:07,000 THE COURTS OF AMERICA FOR CRIMES 7762 05:42:07,001 --> 05:42:10,000 OF TERRORISM ARE THOSE WHO ARE 7763 05:42:10,001 --> 05:42:11,000 ACCUSED OF TERRORISM ON 7764 05:42:11,001 --> 05:42:13,000 TH 7765 05:42:13,001 --> 05:42:16,000 THE ARGUMENT IS BEING M 7766 05:42:16,001 --> 05:42:17,000 WE SHOULD SAY TO THE 7767 05:42:17,001 --> 05:42:19,000 AND ATTORNEY GENERAL THAT WHEN 7768 05:42:19,001 --> 05:42:24,000 THEY PLOT THEIR STRATEGY TO GO 7769 05:42:24,001 --> 05:42:26,000 AFTER THE MEN AND WOMEN 7770 05:42:26,001 --> 05:42:28,000 PROHIBIT THEM BY THE LANGUAGE OF 7771 05:42:28,001 --> 05:42:30,000 THIS AMENDMENT FROM CONSIDERING 7772 05:42:30,001 --> 05:42:33,000 THE PROSECUTION OF THESE 7773 05:42:33,001 --> 05:42:36,000 TERRORISTS ITHE COURT AMERICA. 7774 05:42:36,001 --> 05:42:38,000 WHAT ARE THE ODDS OF PROSECUTING 7775 05:42:38,001 --> 05:42:41,000 A TERRORIST SUCCESSFULLIN THE 7776 05:42:41,001 --> 05:42:42,000 COURTS OF AMERICA, OUR CRIMINAL 7777 05:42:42,001 --> 05:42:44,000 COURTS? 7778 05:42:44,001 --> 05:42:45,000 AS OPPOSED TO MILITARY 7779 05:42:45,001 --> 05:42:48,000 COMMISSIONS, COMMISSIONS THAT 7780 05:42:48,001 --> 05:42:49,000 HAVE BEEN CREATED BY LAW, ARGUED 7781 05:42:49,001 --> 05:42:51,000 BEFORE THE SUPREME COURT, 7782 05:42:51,001 --> 05:42:53,000 DEBATED AT 7783 05:42:53,001 --> 05:42:56,000 WHAT ARE THE ODDS OF A SUCCESSFUL PROSECUTION IN THE 7784 05:42:56,001 --> 05:42:57,000 COURTS OF OUR LAND OF A 7785 05:42:57,001 --> 05:42:59,000 TEORIST AS OPPOSED TO A 7786 05:42:59,001 --> 05:43:01,000 MILITARY COMMISSION? 7787 05:43:01,001 --> 05:43:04,000 I CAN TELL YOU WHAT THE ODDS ARE. 7788 05:43:04,001 --> 05:43:08,000 THEY ARE 65-1 IN FAVOR OF 7789 05:43:08,001 --> 05:43:09,000 PROSECUTION IN OUR 7790 05:43:09,001 --> 05:43:12,000 195 TERRORISTS HAVE BEEN 7791 05:43:12,001 --> 05:43:13,000 PROSECUTED IN OUR COURTS SINCE 7792 05:43:13,001 --> 05:43:15,000 9/11. 7793 05:43:15,001 --> 05:43:17,000 THREE VE BEEN PROSECUTED BY 7794 05:43:17,001 --> 05:43:19,000 MILITARY COMMISSIONS. 7795 05:43:19,001 --> 05:43:21,000 BUT THE OFFERS OF THIS AMENDMENT 7796 05:43:21,001 --> 05:43:23,000 WANT TO TIE THE HANDS OF OUR 7797 05:43:23,001 --> 05:43:26,000 DEPARTMENT OF JUSTICE 7798 05:43:26,001 --> 05:43:29,000 THEM YOU CANNOT SPEND A PENNY, 7799 05:43:29,001 --> 05:43:34,000 NOT ONE CENT, TO PURSUE 7800 05:43:34,001 --> 05:43:35,000 PROSECUTION OF A TERRORIST IN AN 7801 05:43:35,001 --> 05:43:36,000 AMERICAN COURT. 7802 05:43:36,001 --> 05:43:37,000 WHO DISAGREES WIT THIS 7803 05:43:37,001 --> 05:43:40,000 AMENDMENT? 7804 05:43:40,001 --> 05:43:41,000 IT ISN'T 7805 05:43:41,001 --> 05:43:42,000 ILLINOIS. 7806 05:43:42,001 --> 05:43:43,000 IT WOULD BE OUR SECRETARY OF 7807 05:43:43,001 --> 05:43:47,000 DEFENSE ROBERT GATES AND OUR 7808 05:43:47,001 --> 05:43:48,000 AND HERE'S WHAT THEY SAID IN A 7809 05:43:48,001 --> 05:43:50,000 LETTER TO ALL MEMBERS OF THE 7810 05:43:50,001 --> 05:43:52,000 SENATE ABOUT THIS AMENDMENT -- 7811 05:43:52,001 --> 05:43:56,000 "WE WRITE TO OPPOSE THE 7812 05:43:56,001 --> 05:43:58,000 AMENDMENT PROPOSED BY SENATOR 7813 05:43:58,001 --> 05:43:59,000 GRAHAM ON BEHALF OF HIMSELF AND 7814 05:43:59,001 --> 05:44:00,000 SENATORS McCAIN AND 7815 05:44:00,001 --> 05:44:02,000 THIS AMENDMENT WOULD PROHIBIT 7816 05:44:02,001 --> 05:44:04,000 THE USE OF DEPARTMENT OF JUSTICE 7817 05:44:04,001 --> 05:44:07,000 FUNDS TO COMMENCE OR CONTINUE 7818 05:44:07,001 --> 05:44:09,000 PROSECUTION IN AN 7819 05:44:09,001 --> 05:44:10,000 COURT OFHE UNITED STATES OF AN 7820 05:44:10,001 --> 05:44:12,000 INDIVIDUAL SUSPECTED OF 7821 05:44:12,001 --> 05:44:14,000 PLANNING, AUTHORIZING, 7822 05:44:14,001 --> 05:44:16,000 ORGANIZING, COMMITTING OR AIDING 7823 05:44:16,001 --> 05:44:18,000 THE ATTACKS OF THE U.S. THAT 7824 05:44:18,001 --> 05:44:21,000 OCCURRED ON SEPTEMBER 11." 7825 05:44:21,001 --> 05:44:22,000 THEY GO ON TO SAY, AS YOU 7826 05:44:22,001 --> 05:44:23,000 KNOW -- "BOTH THE DEPARTMENT OF 7827 05:44:23,001 --> 05:44:26,000 JUSTICE AND THE DEPARTMENT OF 7828 05:44:26,001 --> 05:44:29,000 DEFENSE HAVE RESPONSIBILITY FOR 7829 05:44:29,001 --> 05:44:31,000 PROSECUTING ALLEGED TERRORISTS. 7830 05:44:31,001 --> 05:44:32,000 PURSUANT TO A JOINT PROSECUTION 7831 05:44:32,001 --> 05:44:35,000 PROTOCOL, OUR DEPARTMENTS ARE 7832 05:44:35,001 --> 05:44:37,000 CURRENTLY ENGAGED IN A SAFELY 7833 05:44:37,001 --> 05:44:38,000 CASE BY CASE EVALUATION OF THE 7834 05:44:38,001 --> 05:44:40,000 CASES OF GUANTANAMO DETAINEES 7835 05:44:40,001 --> 05:44:41,000 WHO HAVE BEEN REFERRED FOR 7836 05:44:41,001 --> 05:44:43,000 POSSIBLE PROSECUTION TO 7837 05:44:43,001 --> 05:44:45,000 DETERME WHETHER THEY SHOULD BE 7838 05:44:45,001 --> 05:44:48,000 PROSECUTED IN ARTICLE 3 COURTS 7839 05:44:48,001 --> 05:44:51,000 OR BY MILITARY COMMISSIONS. 7840 05:44:51,001 --> 05:44:52,000 WE ARE 7841 05:44:52,001 --> 05:44:53,000 SELECTION DECISIONS THAT ARE 7842 05:44:53,001 --> 05:44:56,000 MADE PURSUANT TO THIS PROCESS 7843 05:44:56,001 --> 05:44:57,000 WILL BEST SERVE OUR NATIONAL 7844 05:44:57,001 --> 05:44:59,000 SECURITY ISSUE -- INTEREST. 7845 05:44:59,001 --> 05:45:01,000 WE BELIEVE IT WOULD BE UNWISE 7846 05:45:01,001 --> 05:45:04,000 AND WOULD SET A DANGEROUS 7847 05:45:04,001 --> 05:45:06,000 PRECEDENT FOR CONGRESS TO 7848 05:45:06,001 --> 05:45:08,000 RESTRICT THE DISCRETION OF 7849 05:45:08,001 --> 05:45:10,000 EITHER DEPARTMENT TO FIND -- OR 7850 05:45:10,001 --> 05:45:13,000 TO FUND PARTICULAR PROSECUTIONS. 7851 05:45:13,001 --> 05:45:14,000 THE EXERCISE OF PROSECUTORIAL 7852 05:45:14,001 --> 05:45:16,000 DISCRETION HAS ALWAY 7853 05:45:16,001 --> 05:45:17,000 SHOULD REMAIN IN THE EXECUTIVE 7854 05:45:17,001 --> 05:45:21,000 BRANCH FUNCTION. 7855 05:45:21,001 --> 05:45:23,000 WE MUST BE IN A POSITION 7856 05:45:23,001 --> 05:45:26,000 NATIONAL POWER INCLUDING BOTH 7857 05:45:26,001 --> 05:45:28,000 COURTS AND COMMISSIONS TO ENSURE 7858 05:45:28,001 --> 05:45:30,000 JUSTICE AND CAN NO LONGER 7859 05:45:30,001 --> 05:45:33,000 THREATEN AMERICAN LIVES. 7860 05:45:33,001 --> 05:45:34,000 FOR THESE REASONS, WE 7861 05:45:34,001 --> 05:45:37,000 RESPECTFULLY REQUEST THAT YOU 7862 05:45:37,001 --> 05:45:38,000 OPPOSE 7863 05:45:38,001 --> 05:45:40,000 MR. PRESIDENT, THIS AMENDMENT 7864 05:45:40,001 --> 05:45:42,000 WOULD HINDER PRESIDENT OBAMA'S 7865 05:45:42,001 --> 05:45:43,000 EFFORTS TO COMBAT TERRORISM. 7866 05:45:43,001 --> 05:45:45,000 THAT'S WHY THE SECRETARY OF 7867 05:45:45,001 --> 05:45:46,000 DEFENSE AND ATTORNEY GENERAL 7868 05:45:46,001 --> 05:45:50,000 HAVE WRITTEN TO EACH ONE OF US 7869 05:45:50,001 --> 05:45:52,000 URGING US TO VOTE "NO." 7870 05:45:52,001 --> 05:45:53,000 THE GRAHAM AMENDMENT WOULD BE AN 7871 05:45:53,001 --> 05:45:54,000 UNPRECEDENTED INTRUSION INTO THE 7872 05:45:54,001 --> 05:45:57,000 AUTHORITY OF THE EXECUTIVE 7873 05:45:57,001 --> 05:45:58,000 BRANCH OF OUR GOVERNMENT TO 7874 05:45:58,001 --> 05:46:00,000 COMBAT TERRORISM. 7875 05:46:00,001 --> 05:46:02,000 THERE'S A GREAT IRONY HERE. 7876 05:46:02,001 --> 05:46:04,000 FOR EIGHT LONG YEARS REPUBLICANS 7877 05:46:04,001 --> 05:46:08,000 ARGUED THAT IT WAS INAPPROPRIATE 7878 05:46:08,001 --> 05:46:10,000 PRESIDENT BUSH'S COMMANDER IN 7879 05:46:10,001 --> 05:46:11,000 CHIEF AUTHORITY. 7880 05:46:11,001 --> 05:46:13,000 TIME AND AGAIN WE WERE TOLD BY 7881 05:46:13,001 --> 05:46:16,000 OUR REPUBLICAN COLLEAGUES THAT 7882 05:46:16,001 --> 05:46:18,000 IT'S INAPPROPRIATE AND EVEN 7883 05:46:18,001 --> 05:46:20,000 UNCONSTITUTIONAL FOR CONGRESS TO 7884 05:46:20,001 --> 05:46:21,000 ASK BASIC QUE 7885 05:46:21,001 --> 05:46:25,000 BUSH ADMINISTRATION'S POLICIES 7886 05:46:25,001 --> 05:46:27,000 ON ISSUES LIKE IRAQ, GUANT 7887 05:46:27,001 --> 05:46:28,000 TORTURE, OR WARRANTLESS 7888 05:46:28,001 --> 05:46:29,000 WIRETAPPING. 7889 05:46:29,001 --> 05:46:30,000 TIME AND AGAIN WE WERE TOLD THAT 7890 05:46:30,001 --> 05:46:32,000 CONGRESS SHOULD DEFER TO THE 7891 05:46:32,001 --> 05:46:35,000 DEFENSE DEPARTMENT'S EXPERTISE. 7892 05:46:35,001 --> 05:46:37,000 LET ME GIVE YOU ONE EXAMPLE. 7893 05:46:37,001 --> 05:46:38,000 ON SEPTEMBER 19, 2007, THE 7894 05:46:38,001 --> 05:46:40,000 AUTHOR OF THIS AMENDMENT, 7895 05:46:40,001 --> 05:46:42,000 SENATOR GRAHAM, SAID -- AND I 7896 05:46:42,001 --> 05:46:45,000 QUOTE -- "THE LAST THING WE NEED 7897 05:46:45,001 --> 05:46:48,000 IN ANY WAR IS TO HAVE THE 7898 05:46:48,001 --> 05:46:50,000 ABILITY OF 535 PEOPLE WHO ARE WORRIED ABOUT THE NEXT ELECTION 7899 05:46:50,001 --> 05:46:52,000 TO BE ABLE TO MICROMANAGE HOW 7900 05:46:52,001 --> 05:46:54,000 YOU FIGHT THE WAR. 7901 05:46:54,001 --> 05:46:56,000 THIS IS NOT ONLY 7902 05:46:56,001 --> 05:46:57,000 MICROMANAGEMENT, THIS IS 7903 05:46:57,001 --> 05:46:59,000 CONSTITUTIONAL SHIFT OF POWER." 7904 05:46:59,001 --> 05:47:02,000 END OF QUOTE. 7905 05:47:02,001 --> 05:47:03,000 NOW, JUST 7906 05:47:03,001 --> 05:47:05,000 DIFFERENT PRESIDENT OF A 7907 05:47:05,001 --> 05:47:06,000 DIFFERENT PARTY, AND MY 7908 05:47:06,001 --> 05:47:07,000 REPUBLICAN COLLEAGUES HAVE A 7909 05:47:07,001 --> 05:47:09,000 DIFFERENT VIEW. 7910 05:47:09,001 --> 05:47:11,000 NOW MY COLLEAGUES THINK THAT 7911 05:47:11,001 --> 05:47:13,000 CONGRESS SHOULD NOT DEFER TO 7912 05:47:13,001 --> 05:47:15,000 THAT VERY SAME DEFENSE 7913 05:47:15,001 --> 05:47:17,000 SECRETARY, ROBERT 7914 05:47:17,001 --> 05:47:19,000 THEY THINK IT IS NOT ONLY 7915 05:47:19,001 --> 05:47:20,000 APPROPRIATE BUT URGENT FOR 7916 05:47:20,001 --> 05:47:22,000 CONGRESS TO TIE THE HANDS OF 7917 05:47:22,001 --> 05:47:23,000 THIS ADMINISTRATION, MAKING IT 7918 05:47:23,001 --> 05:47:25,000 MORE DIFFICULT TO BRING 7919 05:47:25,001 --> 05:47:26,000 TERRORISTS 7920 05:47:26,001 --> 05:47:28,000 CLEARLY, THERE'S A DOUBLE 7921 05:47:28,001 --> 05:47:29,000 STANDARD AT WORK. 7922 05:47:29,001 --> 05:47:31,000 SOME OF MY REPUBLICAN COLLEAGUES 7923 05:47:31,001 --> 05:47:33,000 ARGUE THAT FEDERAL COURTS ARE 7924 05:47:33,001 --> 05:47:34,000 NOT WELL-SUITED TO PROSECUTE 7925 05:47:34,001 --> 05:47:36,000 TERRORISTS, AND TERRORISTS 7926 05:47:36,001 --> 05:47:37,000 SHOULD ONLY BE 7927 05:47:37,001 --> 05:47:39,000 MILITARY COMMISSIONS. 7928 05:47:39,001 --> 05:47:42,000 BUT LOOK AT THE FACTS. 7929 05:47:42,001 --> 05:47:45,000 SINCE 9/11, 195 TERRORISTS HAVE 7930 05:47:45,001 --> 05:47:46,000 BEEN CONVICTED IN FEDERAL 7931 05:47:46,001 --> 05:47:47,000 COURTS. 7932 05:47:47,001 --> 05:47:50,000 THREE HAVE BEEN 7933 05:47:50,001 --> 05:47:53,000 MILITARY COMMISSIONS. 7934 05:47:53,001 --> 05:47:55,000 AGAIN, THE ODDS ARE 65-1 THAT IF 7935 05:47:55,001 --> 05:47:57,000 YOU WANT TO FIND A TERRORIST 7936 05:47:57,001 --> 05:47:59,000 GUIL AND INCARCERATE THEM FOR 7937 05:47:59,001 --> 05:48:01,000 ENDANGERING OR KLING 7938 05:48:01,001 --> 05:48:02,000 AMERICANS, IT'S BETTER TO GO TO 7939 05:48:02,001 --> 05:48:04,000 A REGULAR COURT IN AMERICA THAN 7940 05:48:04,001 --> 05:48:06,000 TO A MILITARY COMMISSION. 7941 05:48:06,001 --> 05:48:08,000 THAT'S THE RECORD SINCE 9/11. 7942 05:48:08,001 --> 05:48:10,000 ACCORDING TO THE JUSTICE 7943 05:48:10,001 --> 05:48:13,000 DEPARTMENT, SINCE JANUARY 1 OF 7944 05:48:13,001 --> 05:48:15,000 THIS 7945 05:48:15,001 --> 05:48:16,000 TERRORIS 7946 05:48:16,001 --> 05:48:17,000 SUCCESSFULLY PROSECUTED OR 7947 05:48:17,001 --> 05:48:19,000 SENTENCEDN FEDERAL COURTS. 7948 05:48:19,001 --> 05:48:21,000 I'D LIKE TO ASK MY COLLEAGUES 7949 05:48:21,001 --> 05:48:24,000 BEHIND THIS AMENDMENT AND THEIR INSPIRATION, "THE WALL STREET 7950 05:48:24,001 --> 05:48:25,000 JOURNAL," WAS THIS A MISTAKE, 7951 05:48:25,001 --> 05:48:27,000 TAKING ACCUSED TERRORISTS INTO 7952 05:48:27,001 --> 05:48:29,000 OUR 7953 05:48:29,001 --> 05:48:30,000 PROSECUTING THEM UNDER THE LAWS 7954 05:48:30,001 --> 05:48:32,000 OF AMERICA? 7955 05:48:32,001 --> 05:48:33,000 CLEARLY IT WAS NOT. 7956 05:48:33,001 --> 05:48:36,000 THE DEPARTMENT OF JUSTICE MADE 7957 05:48:36,001 --> 05:48:38,000 THE RIGHT DECISION EFFECTIVELY 7958 05:48:38,001 --> 05:48:40,000 PROSECUTING 7959 05:48:40,001 --> 05:48:42,000 EQUALLY IMPORTANT, SHOWING TO 7960 05:48:42,001 --> 05:48:43,000 THE WORLD THAT WE WOULD TAKE 7961 05:48:43,001 --> 05:48:45,000 THESE PEOPLE ACCUSED OF 7962 05:48:45,001 --> 05:48:48,000 TERRORISM INTO THE VERY SAME 7963 05:48:48,001 --> 05:48:52,000 SYSTEM OF JUSTICE THAT APPLIES 7964 05:48:52,001 --> 05:48:53,000 TO EVERY ONE EVER 7965 05:48:53,001 --> 05:48:55,000 CITIZENS, HOLD THEM TO THE SAME 7966 05:48:55,001 --> 05:48:57,000 STANDARDS OF PROOF, GIVE THEM 7967 05:48:57,001 --> 05:48:59,000 THE RIGHTS THAT ARE 7968 05:48:59,001 --> 05:49:02,000 THEM IN OUR COURT SYSTEM, AND 7969 05:49:02,001 --> 05:49:04,000 COME TO A 7970 05:49:04,001 --> 05:49:05,000 THAT'S AN IMPORTANT MESSAGE. 7971 05:49:05,001 --> 05:49:08,000 IT'S A MESSAGE WHICH SAYS, WE 7972 05:49:08,001 --> 05:49:09,000 CAN TREAT THESE INDIVIDUALS IN 7973 05:49:09,001 --> 05:49:11,000 OUR JUDICIAL SYSTEM IN A FAIR 7974 05:49:11,001 --> 05:49:12,000 WAY AND COME TO A FAIR 7975 05:49:12,001 --> 05:49:14,000 CONCLUSION AND FIND JUSTICE, AND 7976 05:49:14,001 --> 05:49:16,000 WE DID. 7977 05:49:16,001 --> 05:49:19,000 195 TIMES SINCE 9/11. 7978 05:49:19,001 --> 05:49:21,000 30 TIMES JUST THIS YEAR. 7979 05:49:21,001 --> 05:49:24,000 RECENTLY, THE ADMINISTRATION 7980 05:49:24,001 --> 05:49:25,000 TRANSFERRED AHMAD GALADI TO THE 7981 05:49:25,001 --> 05:49:27,000 UNITED STATES TO PROSECUTE HIM 7982 05:49:27,001 --> 05:49:29,000 FOR INVOLVEMENT IN THE 1998 7983 05:49:29,001 --> 05:49:31,000 BOMB, OF OUR EMBASSIES IN KENYA 7984 05:49:31,001 --> 05:49:34,000 AND TANS KNEE YAVM 7985 05:49:34,001 --> 05:49:36,000 BOMBINGS KILLED 224 PEOPLE 7986 05:49:36,001 --> 05:49:37,000 INCLUDING 12 AMERICANS. 7987 05:49:37,001 --> 05:49:39,000 MY COLLEAGUES ON THE OTHER SIDE 7988 05:49:39,001 --> 05:49:41,000 OF THE AISLE, WHO'VE 7989 05:49:41,001 --> 05:49:42,000 CRITICAL OF THIS 7990 05:49:42,001 --> 05:49:43,000 ADMINISTRATION'S DECISION TO 7991 05:49:43,001 --> 05:49:47,000 BRING THIS MAN TO JUSTICE IN THE 7992 05:49:47,001 --> 05:49:49,000 COURTS OF AMERICA, ONE OF THEM, 7993 05:49:49,001 --> 05:49:51,000 A HOUSE REPUBLICAN MEMBER FROM 7994 05:49:51,001 --> 05:49:53,000 VIRGINIA, ERIC CANTOR, SAID -- 7995 05:49:53,001 --> 05:49:56,000 AND HE QUOTE -- "WE HAVE NO 7996 05:49:56,001 --> 05:49:57,000 JUDICIAL PRECEDENCE 7997 05:49:57,001 --> 05:50:00,000 THIS." 7998 05:50:00,001 --> 05:50:01,000 END OF QUOTE FROM CONGRESSMAN 7999 05:50:01,001 --> 05:50:02,000 KANTOR. 8000 05:50:02,001 --> 05:50:03,000 UNFORTUNATELY, THE CONGRESSM 8001 05:50:03,001 --> 05:50:04,000 IS JUST WRONG. 8002 05:50:04,001 --> 05:50:07,000 THERE ARE MANY PRECEDENTS FOR 8003 05:50:07,001 --> 05:50:09,000 CONVICTING TERRORISTS IN U.S. COURTS. 8004 05:50:09,001 --> 05:50:11,000 I'LL NAME A FEW. 8005 05:50:11,001 --> 05:50:14,000 RAMSEY USEF, THE 8006 05:50:14,001 --> 05:50:15,000 THE 1993 WORLD TRADE CENTER 8007 05:50:15,001 --> 05:50:20,000 BOMBING. 8008 05:50:20,001 --> 05:50:24,000 OMAR BE A DULL RAMA SHEIKH. 8009 05:50:24,001 --> 05:50:26,000 RICHARD REED, THE SHOE 8010 05:50:26,001 --> 05:50:30,000 TED KACZYNSKI, THE UNIBOMBER, 8011 05:50:30,001 --> 05:50:31,000 TERRY NICHOLS, THE OKLAHOMA CITY 8012 05:50:31,001 --> 05:50:33,000 ALL ACCUSED OF TERRORISM. 8013 05:50:33,001 --> 05:50:34,000 SOME CITIZENS OF THE UNITED STATES. 8014 05:50:34,001 --> 05:50:37,000 SOME NOT. 8015 05:50:37,001 --> 05:50:39,000 ALL TRIED IN THE SAME 8016 05:50:39,001 --> 05:50:41,000 COURTS, WHICH THIS AMENDMENT 8017 05:50:41,001 --> 05:50:42,000 WOULD PROHIBIT -- WOULD PROHIBIT 8018 05:50:42,001 --> 05:50:44,000 OUR PRESIDENT AND ATTORNEY 8019 05:50:44,001 --> 05:50:46,000 GENERAL FROM USING. 8020 05:50:46,001 --> 05:50:47,000 IN FACT, THERE'SRECEDENT FOR 8021 05:50:47,001 --> 05:50:48,000 CONVICTING TERRORISTS WHO WERE 8022 05:50:48,001 --> 05:50:51,000 INVOLVED IN THE BOMBING OF THE 8023 05:50:51,001 --> 05:50:55,000 U.S. EMBASSIES IN TANZANIA AND 8024 05:50:55,001 --> 05:50:57,000 KENYA, THE SAME ATTACK AHMAD 8025 05:50:57,001 --> 05:50:59,000 GALANI WAS ALLEGEDLY INV IN. 8026 05:50:59,001 --> 05:51:00,000 IN 2004, MEN WERE SENTENCED TO 8027 05:51:00,001 --> 05:51:02,000 LIFE WITHOUT PAROLE AT THE 8028 05:51:02,001 --> 05:51:03,000 FEDERAL COURTHOUSE IN LOWER 8029 05:51:03,001 --> 05:51:06,000 MANHATTAN, THE SAME COURT IN 8030 05:51:06,001 --> 05:51:08,000 WHICH MR. GALANI WILL BE TRIED. 8031 05:51:08,001 --> 05:51:10,000 TO ARGUE THAT WE CANNOT 8032 05:51:10,001 --> 05:51:14,000 SUCCESSFULLY PROSECUTE A 8033 05:51:14,001 --> 05:51:17,000 TO IGNORE THE TRUTH AND 8034 05:51:17,001 --> 05:51:20,000 HISTORY. 8035 05:51:20,001 --> 05:51:22,000 SUSAN HERSCH LOST HER HUSBAND IN 8036 05:51:22,001 --> 05:51:24,000 THE KENYA EMBASSY BOMBING. 8037 05:51:24,001 --> 05:51:25,000 SHE TESTIFIED AT THE SENTENCING 8038 05:51:25,001 --> 05:51:30,000 HEARING FOR THE FOUR TERRORISTS 8039 05:51:30,001 --> 05:51:31,000 WHO WERE CONVICTED IN 2001. 8040 05:51:31,001 --> 05:51:32,000 MRS. HERSCH SAYS SHE SUPPORTS 8041 05:51:32,001 --> 05:51:35,000 THE OBAMA ADMINISTRATION'S 8042 05:51:35,001 --> 05:51:36,000 DECISION TO PROSECUTE AHMAD 8043 05:51:36,001 --> 05:51:38,000 GALANI FOR THE SAME BOMBING THAT 8044 05:51:38,001 --> 05:51:40,000 TOOK THE LIFE OF HER HUSBAND. 8045 05:51:40,001 --> 05:51:41,000 SHE SAID, "I'M RELIEVED WE'RE 8046 05:51:41,001 --> 05:51:43,000 FINALLY MOVING FORWARD. 8047 05:51:43,001 --> 05:51:45,000 IT'S REALLY, REALLY IMPORTANT TO 8048 05:51:45,001 --> 05:51:47,000 ME THAT ANYONE WE HAVE IN 8049 05:51:47,001 --> 05:51:49,000 CUSTODY ACCUSED OF ACTS 8050 05:51:49,001 --> 05:51:50,000 TO 8051 05:51:50,001 --> 05:51:51,000 OTHERS BE HELD ACCOUNTABLE FOR 8052 05:51:51,001 --> 05:51:54,000 WHAT THEY HAVE DONE." 8053 05:51:54,001 --> 05:51:56,000 END OF QUOTE. 8054 05:51:56,001 --> 05:51:59,000 MRS. HERSCH ALSO SAID THAT SHE'S 8055 05:51:59,001 --> 05:52:01,000 -- SHE BELIEVES IT'S SAFE TO TRY 8056 05:52:01,001 --> 05:52:03,000 AHMED GALANI IN A FEDERAL COURT. 8057 05:52:03,001 --> 05:52:05,000 "I HAVE SOME TRUST IN THE YIEWRK 8058 05:52:05,001 --> 05:52:08,000 POLICE DEPARTMENT," BASED ON HER 8059 05:52:08,001 --> 05:52:09,000 SYRIANS IN THE 8060 05:52:09,001 --> 05:52:11,000 LISTEN TO WHAT SHE SAID ABOUT 8061 05:52:11,001 --> 05:52:12,000 THE CRITICS OF THIS 8062 05:52:12,001 --> 05:52:13,000 ADMINISTRA 8063 05:52:13,001 --> 05:52:15,000 "T 8064 05:52:15,001 --> 05:52:18,000 ALARM 8065 05:52:18,001 --> 05:52:20,000 QUOTE, UNQUOTE FROM THE WIDOW OF 8066 05:52:20,001 --> 05:52:21,000 A TERRORISM BOMBING WHERE THE 8067 05:52:21,001 --> 05:52:25,000 TERRORISTS HAVE 8068 05:52:25,001 --> 05:52:26,000 JUSTICE IN THE COURT OF THS OF OUR 8069 05:52:26,001 --> 05:52:27,000 LAND. 8070 05:52:27,001 --> 05:52:28,000 I HAVE FAITH IN OUR LAW 8071 05:52:28,001 --> 05:52:29,000 ENFORCEMENT AGENCIES, I HAVE 8072 05:52:29,001 --> 05:52:33,000 FAITH IN OUR COURTS AND I HAVE 8073 05:52:33,001 --> 05:52:35,000 FAITH IN OUR SYSTEM O JUSTICE. 8074 05:52:35,001 --> 05:52:36,000 WE KNOW HOW TO PROSECUTE 8075 05:52:36,001 --> 05:52:37,000 TERRORISTS. 8076 05:52:37,001 --> 05:52:39,000 WE KNOW THOUSAND HOLD THEM 8077 05:52:39,001 --> 05:52:40,000 SAFELY -- WE KNOW HOW TO HOLD 8078 05:52:40,001 --> 05:52:42,000 THEM SAFELY. 8079 05:52:42,001 --> 05:52:44,000 WE HAVE LIVING PRO. 8080 05:52:44,001 --> 05:52:46,000 195 PROSECUTED SINCE 9/11 AND 8081 05:52:46,001 --> 05:52:48,000 350 CONVICTED TERRORISTS BEING 8082 05:52:48,001 --> 05:52:51,000 HELD TODAY IN AMERICA'S JAILS 8083 05:52:51,001 --> 05:52:52,000 ACROSS THE UNITED STATES. 8084 05:52:52,001 --> 05:52:54,000 THE GRAHAM AMENDMENT IS NOT 8085 05:52:54,001 --> 05:52:55,000 ABOUT WHETHER 8086 05:52:55,001 --> 05:52:56,000 COMMISSIONS ARE SUPERIOR TO 8087 05:52:56,001 --> 05:52:57,000 FEDERAL COURTS. 8088 05:52:57,001 --> 05:52:59,000 THE AMENDMENT DOESN'T JUST 8089 05:52:59,001 --> 05:53:00,000 EXPRESS A 8090 05:53:00,001 --> 05:53:03,000 OVER THE OTHER. 8091 05:53:03,001 --> 05:53:04,000 THE AMENDMENT EXPRESSLY 8092 05:53:04,001 --> 05:53:06,000 PROHIBITS THIS ADMINISTRATION 8093 05:53:06,001 --> 05:53:09,000 AND THE DEPARTMENT OF JUSTICE 8094 05:53:09,001 --> 05:53:10,000 FROM 8095 05:53:10,001 --> 05:53:13,000 FEDERAL COURT. 8096 05:53:13,001 --> 05:53:15,000 THE TRUTH 8097 05:53:15,001 --> 05:53:16,000 MAY CHOOSE TO TRY THE 9/11 8098 05:53:16,001 --> 05:53:17,000 TERRORISTS IN MILITARY COMMISSIONS. 8099 05:53:17,001 --> 05:53:19,000 THAT SHOULD BE THE PRESIDENT'S 8100 05:53:19,001 --> 05:53:21,000 DECISION. 8101 05:53:21,001 --> 05:53:22,000 IF IT IS HIS DECISION THAT IT'S 8102 05:53:22,001 --> 05:53:25,000 IN THE INTEREST OF THE SECURITY 8103 05:53:25,001 --> 05:53:26,000 OF THE UNITED STATES OR 8104 05:53:26,001 --> 05:53:29,000 SUCCESSFUL PROSECUTION TO TURN 8105 05:53:29,001 --> 05:53:30,000 TO A MILITARY COMMISSION OVER A 8106 05:53:30,001 --> 05:53:33,000 REGULAR FEDERAL COURT IN 8107 05:53:33,001 --> 05:53:35,000 AMERICA, THAT SHOULD BE THE PRESIDENT'S DECISION, THE 8108 05:53:35,001 --> 05:53:37,000 DECISION OF HIS ATTORNEY 8109 05:53:37,001 --> 05:53:38,000 GENERAL, THE DECISION OF THE 8110 05:53:38,001 --> 05:53:39,000 PROSECUTORS, NOT THE DECISION OF 8111 05:53:39,001 --> 05:53:40,000 MEMBERS OF THE UNITED STATES 8112 05:53:40,001 --> 05:53:43,000 SENATE WHO DO NOT KNOW THE FACTS 8113 05:53:43,001 --> 05:53:45,000 OF THE CASE AND DON'T KNOW THE 8114 05:53:45,001 --> 05:53:47,000 LIKELIHOOD OF PROSECUTION. 8115 05:53:47,001 --> 05:53:48,000 DEFENSE SECRETARY GATES AND 8116 05:53:48,001 --> 05:53:50,000 ATTORNEY GENERAL HOLDER HAVE 8117 05:53:50,001 --> 05:53:53,000 DEVELOPED A JOINT P DETERMINE WHETHER INDIVIDUAL 8118 05:53:53,001 --> 05:53:54,000 CASES SHOULD BE TRIED 8119 05:53:54,001 --> 05:53:56,000 COURTS OR 8120 05:53:56,001 --> 05:53:57,000 THE PRESIDENT WORKED CLOSELY 8121 05:53:57,001 --> 05:54:00,000 WITH CONGRESS TO REFORM THE 8122 05:54:00,001 --> 05:54:02,000 MILITARY COMMISSIONS SO HE WOULD 8123 05:54:02,001 --> 05:54:05,000 HAVE ANOTHER LAWFUL TOOL TO USE 8124 05:54:05,001 --> 05:54:06,000 IN THE FIGHT AGAINST TERRORISM. 8125 05:54:06,001 --> 05:54:07,000 THE TWO LEA 8126 05:54:07,001 --> 05:54:09,000 AMENDMENT BEFORE US -- SENATOR 8127 05:54:09,001 --> 05:54:10,000 McCAIN AND SENATOR GRAHAM, WHO 8128 05:54:10,001 --> 05:54:12,000 IS ON 8129 05:54:12,001 --> 05:54:13,000 INVOLVED IN THAT EFFORT. 8130 05:54:13,001 --> 05:54:14,000 AS WAS SENATOR LEVIN OF 8131 05:54:14,001 --> 05:54:15,000 MICHIGAN. 8132 05:54:15,001 --> 05:54:16,000 THE CHAIRMAN OUR ARMED SERVICES 8133 05:54:16,001 --> 05:54:18,000 COMMITTEE. 8134 05:54:18,001 --> 05:54:20,000 TH SET DOWN TO REWRITE 8135 05:54:20,001 --> 05:54:21,000 RULES FOR MILITARY COMMISSIONS 8136 05:54:21,001 --> 05:54:23,000 BECAUSE, FRANKLY, WE HAVEN'T HAD 8137 05:54:23,001 --> 05:54:25,000 A GREAT DEAL OF SUCCESS WITH 8138 05:54:25,001 --> 05:54:27,000 PROSECUTIONS OF TERRORISTS WITH 8139 05:54:27,001 --> 05:54:29,000 MILITARY COMMISSIONS. 8140 05:54:29,001 --> 05:54:30,000 ONLY THREE 8141 05:54:30,001 --> 05:54:32,000 BERE THE SUPREME COURT, 8142 05:54:32,001 --> 05:54:33,000 RAISING ISSUES ABOUT MILITARY 8143 05:54:33,001 --> 05:54:35,000 COMMISSIONS, THE STANDARDF 8144 05:54:35,001 --> 05:54:36,000 JUSTICE, DUE PROCESS, AND 8145 05:54:36,001 --> 05:54:38,000 FAIRNESS. 8146 05:54:38,001 --> 05:54:39,000 NOW THERE'S A NEW EFFORT BY 8147 05:54:39,001 --> 05:54:41,000 PRESIDENT OBAMA, WITH THE HELP 8148 05:54:41,001 --> 05:54:42,000 -- BIPARTISAN HELP -- OF MEMBERS 8149 05:54:42,001 --> 05:54:43,000 OF THE SENATE. 8150 05:54:43,001 --> 05:54:45,000 SO I'M NOT STANDING HERE IN 8151 05:54:45,001 --> 05:54:47,000 CRITICISM OF THE USE OF MILITARY 8152 05:54:47,001 --> 05:54:48,000 COMMISSIONS, BUT I 8153 05:54:48,001 --> 05:54:51,000 HERE TAKING EXCEPTION TO THE 8154 05:54:51,001 --> 05:54:54,000 POINT OF VIEW THAT WE SHOULD 8155 05:54:54,001 --> 05:54:55,000 PRECLUDE PROSECUTIONS IN ANY 8156 05:54:55,001 --> 05:54:56,000 OTHER FORUM THAN MILITARY 8157 05:54:56,001 --> 05:54:58,000 COMMISSIONS OF THE TERRORISTS OF 8158 05:54:58,001 --> 05:55:01,000 9/11. 8159 05:55:01,001 --> 05:55:07,000 PRESIDENT OBAMA MAY VERY WELL 8160 05:55:07,001 --> 05:55:08,000 TRCHOOSE TO TRY THEM COMMISSIONS. 8161 05:55:08,001 --> 05:55:11,000 THAT SHOULD BE HIS CHOICE. 8162 05:55:11,001 --> 05:55:13,000 LET HIM CHOOSE THE FORUM, THE 8163 05:55:13,001 --> 05:55:15,000 MOST EFFECTIVE FORUM TO PURSUE 8164 05:55:15,001 --> 05:55:17,000 JUSTICE AND TO PROTECT AMERICA 8165 05:55:17,001 --> 05:55:19,000 IN FUTURE ACTS 8166 05:55:19,001 --> 05:55:21,000 IN THEIRETTER TO SENATORS REID 8167 05:55:21,001 --> 05:55:22,000 AND McCONNELL, SECRETARY GATES 8168 05:55:22,001 --> 05:55:24,000 AND ATTORNEY GENERAL HOLDER SAID 8169 05:55:24,001 --> 05:55:27,000 IT WELL, AND I QUOTE THEM AGAIN, 8170 05:55:27,001 --> 05:55:29,000 "WE MUST BE IN A POSITION TO USE 8171 05:55:29,001 --> 05:55:30,000 EVERY LAWFUL INSTRUMENT 8172 05:55:30,001 --> 05:55:33,000 NATIONAL POWER, INCLUDING BOTH 8173 05:55:33,001 --> 05:55:35,000 COURTS AND MILITARY COMMISSIONS, 8174 05:55:35,001 --> 05:55:37,000 TO ENSURE THAT TERRORISTS ARE TERRORISTS ARE 8175 05:55:37,001 --> 05:55:39,000 BROUGHT TO JUSTICE AND C 8176 05:55:39,001 --> 05:55:40,000 LONGER THREATEN AMERICAN 8177 05:55:40,001 --> 05:55:42,000 MR. PRESIDENT, THE DECISION MAY 8178 05:55:42,001 --> 05:55:44,000 BE REACHED AT SOME FUTURE DATE 8179 05:55:44,001 --> 05:55:45,000 BY T 8180 05:55:45,001 --> 05:55:48,000 CONCURRENCE OF THE SECRETARY OF 8181 05:55:48,001 --> 05:55:49,000 DEFENSE AND THE ATTORNEY GENERAL 8182 05:55:49,001 --> 05:55:50,000 THAT IT IS A BETTER FORUM TO 8183 05:55:50,001 --> 05:55:53,000 MOVE TO MILITARY COMMISSIONS FOR 8184 05:55:53,001 --> 05:55:54,000 A VARIETY 8185 05:55:54,001 --> 05:55:55,000 THEY COULD BE ISSUES OF NATIONAL 8186 05:55:55,001 --> 05:55:57,000 SECURITY. 8187 05:55:57,001 --> 05:55:58,000 IT COULD BE ISSUES OF EVIDENCE. 8188 05:55:58,001 --> 05:56:00,000 BUT DO WE WANT TO TAKE AWAY FROM 8189 05:56:00,001 --> 05:56:01,000 THEM WITH THIS PENDING AMENDMENT 8190 05:56:01,001 --> 05:56:05,000 THE RIGHT TO MAKE THAT DECISION 8191 05:56:05,001 --> 05:56:07,000 I?WHY WOULD CONGRESS CHOOSE TO 8192 05:56:07,001 --> 05:56:08,000 TAKE AWAY ONE OF THESE LAWFUL 8193 05:56:08,001 --> 05:56:10,000 INSTRUMENTS FROM THE PRESIDENT, 8194 05:56:10,001 --> 05:56:11,000 OUR COMMANDER IN CHIEF? 8195 05:56:11,001 --> 05:56:14,000 DON'T WE WANT THE PRESIDENT TO 8196 05:56:14,001 --> 05:56:15,000 HAVE THE USE OF EVERY LAWFUL 8197 05:56:15,001 --> 05:56:17,000 TOOL TO BRING THESE TERRORISTS 8198 05:56:17,001 --> 05:56:18,000 TO JUSTICE? 8199 05:56:18,001 --> 05:56:20,000 ONE WORD IN CLOSING: 8200 05:56:20,001 --> 05:56:22,000 I HA THE GREATEST RESPECT FOR 8201 05:56:22,001 --> 05:56:24,000 THE FAMILIES O 9/11, T 8202 05:56:24,001 --> 05:56:25,000 WHO'VE SPOKEN OUT ON BEHALF OF 8203 05:56:25,001 --> 05:56:26,000 THIS AMENDMENT, I RESPECT THEM 8204 05:56:26,001 --> 05:56:28,000 GREATLY. 8205 05:56:28,001 --> 05:56:31,000 THEY HAVE BEEN A FORCE IN 8206 05:56:31,001 --> 05:56:33,000 AMERICA SINCE THE UNTIMELY AND 8207 05:56:33,001 --> 05:56:37,000 TRAGIC DEATHS OF MEMBERS OF THEIR FAMILY. 8208 05:56:37,001 --> 05:56:38,000 THEY FORCED ON THE PREVIOUS 8209 05:56:38,001 --> 05:56:39,000 ADMINISTRATION A DRAMATIC 8210 05:56:39,001 --> 05:56:41,000 INVESTIGATION OF 9/11 AND WHERE 8211 05:56:41,001 --> 05:56:42,000 OUR GOVERNMENT HAD FAILED AND 8212 05:56:42,001 --> 05:56:43,000 WHAT WE COULD DO TO IMPROVE 8213 05:56:43,001 --> 05:56:45,000 THINGS. 8214 05:56:45,001 --> 05:56:48,000 THEY HAVE BECOME A VOICE AND A 8215 05:56:48,001 --> 05:56:50,000 FORCE IN SO MANY OTHER RESPES 8216 05:56:50,001 --> 05:56:52,000 SINCE THAT A 8217 05:56:52,001 --> 05:56:53,000 BUT THEY DON'T SPEAK WITH ONE 8218 05:56:53,001 --> 05:56:55,000 VOICE ON THIS ISSUE. 8219 05:56:55,001 --> 05:56:57,000 MANY SUPPORT THE AMENDMENT. 8220 05:56:57,001 --> 05:57:00,000 OTHERS SEE IT DIFFERENTLY. 8221 05:57:00,001 --> 05:57:02,000 SUSAN HERSCH, WHOSE HUSBAND WAS 8222 05:57:02,001 --> 05:57:04,000 LOST IN A TERRORIST BOMBING IN 8223 05:57:04,001 --> 05:57:05,000 AFRICA, CLEARLY SEES IT 8224 05:57:05,001 --> 05:57:06,000 DIFFERENTLY THAN THESE SURVIVORS 8225 05:57:06,001 --> 05:57:07,000 OF 9/11. 8226 05:57:07,001 --> 05:57:08,000 WITH THE GREATEST RESPECT FOR 8227 05:57:08,001 --> 05:57:09,000 THOSE WHO SUPPORT THIS 8228 05:57:09,001 --> 05:57:11,000 AMENDMENT, I WOULD SAY THAT 8229 05:57:11,001 --> 05:57:14,000 THERE ARE OTHERS WHO SEE THIS 8230 05:57:14,001 --> 05:57:15,000 THE IN A MUCH DIFFERENT -- WHO 8231 05:57:15,001 --> 05:57:17,000 SEE THIS IN A MUCH DIFFERE 8232 05:57:17,001 --> 05:57:18,000 LIEVMENT I URGE MY COLLEAGUES TO 8233 05:57:18,001 --> 05:57:20,000 REJECT THE GRAHAM AMENDMENT. 8234 05:57:20,001 --> 05:57:25,000 IT IS AN UNPRECEDENTED EFFORT TO 8235 05:57:25,001 --> 05:57:28,000 INTERFERE 8236 05:57:28,001 --> 05:57:30,000 ADMINISTRATION'S PROSECUTORIAL RESPONSIBILITY. 8237 05:57:30,001 --> 05:57:34,000 I YIELD THE FLOOR. THE PRESIDING OFFICER: THE 8238 05:57:34,001 --> 05:57:35,000 SENATOR 8239 05:57:35,001 --> 05:57:37,000 MR. GRAHAM: THANK YOU. 8240 05:57:37,001 --> 05:57:38,000 I WANT -- I APPRECIATE SENATOR 8241 05:57:38,001 --> 05:57:39,000 LEVIN FOR ALLOWING ME TO GO. 8242 05:57:39,001 --> 05:57:42,000 I KNOW WE'RE KIND OF GOING BACK 8243 05:57:42,001 --> 05:57:43,000 AND FORTH, BUT I APPRECIATE HIM. 8244 05:57:43,001 --> 05:57:45,000 TO MY FRIEND, SENATOR DURBIN, IT 8245 05:57:45,001 --> 05:57:46,000 IS MY HONEST DESIRE THAT, AS WE 8246 05:57:46,001 --> 05:57:49,000 MOVE FORWARD WITH WHAT TO DO 8247 05:57:49,001 --> 05:57:51,000 WITH GUANTANAMO BAY, WE CAN FIND 8248 05:57:51,001 --> 05:57:54,000 SOME BIPARTISAN HISPANIC TO 8249 05:57:54,001 --> 05:57:55,000 CLOSE THE FACILITY -- SOME 8250 05:57:55,001 --> 05:57:56,000 BIPARTISAN TO CLOSE THE FACILITY 8251 05:57:56,001 --> 05:57:57,000 AND I'M ONE OF THE REPUBLICANS 8252 05:57:57,001 --> 05:57:58,000 THAT EXPRESSED THAT THOUGHT 8253 05:57:58,001 --> 05:58:01,000 BECAUSE I'VE LISTENED ENOUGH TO 8254 05:58:01,001 --> 05:58:04,000 OUR COMMANDERS TO KNOW THAT 8255 05:58:04,001 --> 05:58:06,000 GUANTANAMO BAY S. HAS BECOME A 8256 05:58:06,001 --> 05:58:07,000 SYMBOL FOR RECRUITMENT AND 8257 05:58:07,001 --> 05:58:10,000 PROPAGANDA 8258 05:58:10,001 --> 05:58:11,000 AMERICAN FORCES IN THE WAR ON 8259 05:58:11,001 --> 05:58:13,000 TERROR, AND IT IS PROBABLY THE 8260 05:58:13,001 --> 05:58:15,000 BEST-RUN JAIL IN THE WORLD RIGHT NOW. 8261 05:58:15,001 --> 05:58:17,000 THOSE THAT HAVE BEEN DOWN THERE, 8262 05:58:17,001 --> 05:58:18,000 TO THE GUARD FORCE I WOULD LIKE 8263 05:58:18,001 --> 05:58:20,000 TO ACKNOWLEDGE YOUR PATRIOTISM 8264 05:58:20,001 --> 05:58:21,000 AND YOUR SERVICE. 8265 05:58:21,001 --> 05:58:22,000 IT IS A TOUGH PLACE TO DO DUTY 8266 05:58:22,001 --> 05:58:23,000 BECAUSE SOME PRETTY TOUGH 8267 05:58:23,001 --> 05:58:25,000 CHARACTERS DOWN THERE. 8268 05:58:25,001 --> 05:58:27,000 BUT AT THE END OF THE DAY, I'VE 8269 05:58:27,001 --> 05:58:31,000 TRIED TO BE HELPFUL WHERE I 8270 05:58:31,001 --> 05:58:32,000 COULD AND, I'LL IT WILL YOU IN A 8271 05:58:32,001 --> 05:58:34,000 LITTLE DETAIL WHY I'M DOING THIS 8272 05:58:34,001 --> 05:58:36,000 AMENDMENT OF BUT MY HOPE WAS 8273 05:58:36,001 --> 05:58:38,000 WHEN PRESIDENT OBAMA WASLECTED 8274 05:58:38,001 --> 05:58:40,000 THAT WE COULD FIND A WAY TO 8275 05:58:40,001 --> 05:58:45,000 REFORM GUANTANAMO BAY POLICY, 8276 05:58:45,001 --> 05:58:46,000 DETAINEE POLICY, BECAUSE I DO 8277 05:58:46,001 --> 05:58:48,000 UNDERSTAND DETAINEE POLICY 8278 05:58:48,001 --> 05:58:51,000 AFFECTS THE WAR EFFORT. 8279 05:58:51,001 --> 05:58:53,000 IF YOU MESS IT UP, IF YOU ABUSE 8280 05:58:53,001 --> 05:58:54,000 DETAINEES, YOU CAN TURN 8281 05:58:54,001 --> 05:58:56,000 POPULATIONS AGAINST YOU THAT 8282 05:58:56,001 --> 05:58:57,000 WOULD BE HELPFUL IN WINNINGHE WAR. 8283 05:58:57,001 --> 05:58:59,000 ONE OF THE GREAT THINGS THAT 8284 05:58:59,001 --> 05:59:03,000 HAPPENED IN WORLD WAR II IS THAT 8285 05:59:03,001 --> 05:59:04,000 WE HAD OVER 400,000 GERMAN 8286 05:59:04,001 --> 05:59:05,000 PRISONERS, JAPANESE PRISONERS 8287 05:59:05,001 --> 05:59:07,000 HOUSED IN THE UNITED 8288 05:59:07,001 --> 05:59:09,000 WE TOOK 8289 05:59:09,001 --> 05:59:11,000 NAZIS FROM THE BRITISH AND PUT 8290 05:59:11,001 --> 05:59:12,000 THEM IN AMERICAN MILITARY JAILS 8291 05:59:12,001 --> 05:59:15,000 IN THE UNITED STATES. 8292 05:59:15,001 --> 05:59:18,000 SO THIS IDEA THAT 8293 05:59:18,001 --> 05:59:19,000 A PLACE FOR 200 DETAINEES IN 8294 05:59:19,001 --> 05:59:23,000 AMERICA, I DON'TGREE WITH. WE'VE DONE THAT BEFORE. 8295 05:59:23,001 --> 05:59:24,000 THESE PEOPLE ARE NOT 10 FEET TALL. 8296 05:59:24,001 --> 05:59:25,000 THEY'RE DANGEROUS. 8297 05:59:25,001 --> 05:59:29,000 AS A NATION, I BELIEVE WE COULD 8298 05:59:29,001 --> 05:59:31,000 START OVER. 8299 05:59:31,001 --> 05:59:33,000 AND BY CLOSING GUANTANAMO BAY IN 8300 05:59:33,001 --> 05:59:35,000 A LOGICAL, RATIONAL WAY, YOU 8301 05:59:35,001 --> 05:59:38,000 WOULD BE IMPROVING OUR ABILITY 8302 05:59:38,001 --> 05:59:40,000 TO EFFECT THE OUTCOME OF THE WAR 8303 05:59:40,001 --> 05:59:42,000 IN THE MIDEAST BECAUSE YOU WOULD 8304 05:59:42,001 --> 05:59:43,000 BE TAKING AWAY THE TOOL OF T 8305 05:59:43,001 --> 05:59:44,000 ENEMY. 8306 05:59:44,001 --> 05:59:45,000 PRESIDENT OBAMA AND SENATOR 8307 05:59:45,001 --> 05:59:46,000 McCAIN WHEN THEY WERE 8308 05:59:46,001 --> 05:59:50,000 CANDIDATES AGREED WITH THE IDEA 8309 05:59:50,001 --> 05:59:51,000 OF CLOSING GUANTANAMO BAY AND 8310 05:59:51,001 --> 05:59:52,000 REFORMING INTERROGATION POLICY. 8311 05:59:52,001 --> 05:59:54,000 TO MOS AMERICANS IT'S KIND OF 8312 05:59:54,001 --> 05:59:56,000 WHY ARE WE WORRIED ABOUT WHAT WE 8313 05:59:56,001 --> 05:59:58,000 DO WITH THESE GUYS BECAUSE 8314 05:59:58,001 --> 05:59:59,000 THEY'LL CUT OUR HEADSFF? 8315 05:59:59,001 --> 06:00:01,000 YOU'RE ABSOLUTELY RIGHT. 8316 06:00:01,001 --> 06:00:02,000 IT'S NOT LOST UPON ME OR ANY 8317 06:00:02,001 --> 06:00:04,000 OTHER MILITARY MEMBER OUT THERE 8318 06:00:04,001 --> 06:00:07,000 THAT THE ENEMY WE'RE DEALING 8319 06:00:07,001 --> 06:00:09,000 WITH KNOWS NO BOUNDARIES AND 8320 06:00:09,001 --> 06:00:11,000 THEY'RE BARBARIANS AND BRUTAL. 8321 06:00:11,001 --> 06:00:12,000 THE QUESTION IS NOT ABOUT THEM, 8322 06:00:12,001 --> 06:00:14,000 BUT ABOUT US. 8323 06:00:14,001 --> 06:00:16,000 THE FACT THAT WE'RE A SEUFGZED 8324 06:00:16,001 --> 06:00:19,000 PEOPLE NOT -- CIVILIZED PEOPLE 8325 06:00:19,001 --> 06:00:21,000 IS NOT A LIABILITY, IT'S AN ASSET. 8326 06:00:21,001 --> 06:00:23,000 WHEN YOU CAPTURE A MEMBER OF AL 8327 06:00:23,001 --> 06:00:24,000 QAEDA, I'VE ALWAYS BELIEVED IT 8328 06:00:24,001 --> 06:00:26,000 BECOMES ABOUT US, NOT THEY WILL. 8329 06:00:26,001 --> 06:00:30,000 WE NEED INTERROGATION TECHNIQUES 8330 06:00:30,001 --> 06:00:31,000 THAT WILL ALLOW US TO GET GOOD 8331 06:00:31,001 --> 06:00:33,000 INTELLIGENCE AND MAKE THE COUNTRY SAFE. 8332 06:00:33,001 --> 06:00:35,000 WE NEED TO UNDERSTAND WE'RE AT 8333 06:00:35,001 --> 06:00:37,000 WAR AND THE PEOPLE WE'RE DEALING 8334 06:00:37,001 --> 06:00:39,000 WITH ARE SOME OF THE HARDEST, 8335 06:00:39,001 --> 06:00:43,000 MEANEST PEOPLE KNOWN SINCE THE NAZIS. 8336 06:00:43,001 --> 06:00:45,000 BUT IF YOU TRY TO SAY IN THE 8337 06:00:45,001 --> 06:00:47,000 SAME BREATH ANYTHING GOES TO GET 8338 06:00:47,001 --> 06:00:49,000 THAT INFORMATION, IT WILL COME 8339 06:00:49,001 --> 06:00:50,000 BACK TO HAUNT YOU. 8340 06:00:50,001 --> 06:00:53,000 SO SOME OF THE INTERROGATION 8341 06:00:53,001 --> 06:00:57,000 TECHNIQUES WE'VE USED THAT COME 8342 06:00:57,001 --> 06:00:59,000 FROM THE INQUISITION GOT US SOL 8343 06:00:59,001 --> 06:01:02,000 INFORMATION, BUT I CAN ASSURE 8344 06:01:02,001 --> 06:01:03,000 YOU HAS CREATED A PROBLEM. 8345 06:01:03,001 --> 06:01:07,000 JUST ASK ANYBODY IN THE MIDEAST 8346 06:01:07,001 --> 06:01:08,000 WHO HAS TO DEAL WITH AMERICA; 8347 06:01:08,001 --> 06:01:09,000 THEY'LL TELL YOU THIS HAS BEEN A 8348 06:01:09,001 --> 06:01:11,000 PROBLEM. 8349 06:01:11,001 --> 06:01:13,000 AND YOU DON'T NEED TO DO THAT TO 8350 06:01:13,001 --> 06:01:14,000 PROTECT THIS COUNTRY. 8351 06:01:14,001 --> 06:01:16,000 YOU CAN'T HAVE INTERROGATION 8352 06:01:16,001 --> 06:01:19,000 TECHNIQUES THAT GET YOU GOOD 8353 06:01:19,001 --> 06:01:20,000 INFORMATION BUT ALSO ADHERE TO 8354 06:01:20,001 --> 06:01:22,000 YOUR VALUES. 8355 06:01:22,001 --> 06:01:23,000 -- YOU CAN HAVE INTERROGATION 8356 06:01:23,001 --> 06:01:25,000 TECHNIQUES THAT ADHERE TO VALUES. 8357 06:01:25,001 --> 06:01:26,000 AS FOR THE TRIALS, SOME PEOPLE 8358 06:01:26,001 --> 06:01:27,000 ARE WORRYING WHY DO WE CARE 8359 06:01:27,001 --> 06:01:29,000 ABOUT THIS? 8360 06:01:29,001 --> 06:01:30,000 THEY WOULDN'T GIVE US A TRIAL. 8361 06:01:30,001 --> 06:01:31,000 YOU'RE ABSOLUTELY RIGHT. 8362 06:01:31,001 --> 06:01:32,000 THE FACT THAT OUR COUNTRY WILL 8363 06:01:32,001 --> 06:01:35,000 GIVE THE WORST TERRORIST IN THE 8364 06:01:35,001 --> 06:01:37,000 WORLD A TRIAL WITH A DEFENSE 8365 06:01:37,001 --> 06:01:39,000 ATTORNEY FOR FREE, A JUDGE 8366 06:01:39,001 --> 06:01:41,000 THAT'S GOING TO BASE THE 8367 06:01:41,001 --> 06:01:43,000 DECISION ON FACTS AND LAW AND 8368 06:01:43,001 --> 06:01:45,000 NOT PREJUDICE, A JURY WHERE THE 8369 06:01:45,001 --> 06:01:47,000 PRESS CAN SHOW UP AND WATCH THE 8370 06:01:47,001 --> 06:01:49,000 TRIAL WITH THE ABILITY TO APPEAL 8371 06:01:49,001 --> 06:01:51,000 TH RESULT MAKES US STRONGER, 8372 06:01:51,001 --> 06:01:54,000 NOT WEAKER. 8373 06:01:54,001 --> 06:01:57,000 SO COUNT ME IN FOR STARTING OVER 8374 06:01:57,001 --> 06:02:00,000 WITH GUANTANAMO BAY, WITH A 8375 06:02:00,001 --> 06:02:01,000 LEGAL PROCESS THAT RECOGNIZES WE 8376 06:02:01,001 --> 06:02:03,000 MADE ABUSES IN THE PAST AND 8377 06:02:03,001 --> 06:02:05,000 WE'RE GOING TO CHART A NEW COURSE. 8378 06:02:05,001 --> 06:02:07,000 THE MILITARY COMMISSION ACT THAT 8379 06:02:07,001 --> 06:02:09,000 JUST PASSED THE CONGRESS, I WANT 8380 06:02:09,001 --> 06:02:10,000 TO SAY PUBLICLY THAT SENATOR 8381 06:02:10,001 --> 06:02:12,000 LEVIN WAS A GREAT PARTNER TO 8382 06:02:12,001 --> 06:02:13,000 WORK WITH. 8383 06:02:13,001 --> 06:02:16,000 THE MILITARY COMMISSION SYSTEM 8384 06:02:16,001 --> 06:02:17,000 THAT WE HAVE IN PLACE 8385 06:02:17,001 --> 06:02:20,000 BEEN REFORMED. 8386 06:02:20,001 --> 06:02:21,000 I THINK IT IS A MODEL OF JUSTICE 8387 06:02:21,001 --> 06:02:23,000 SYSTEMHAT I WOULD PUT UP 8388 06:02:23,001 --> 06:02:25,000 AGAINST ANY IN THE WORLD, 8389 06:02:25,001 --> 06:02:26,000 INCLUDING THE INTERNATIONAL 8390 06:02:26,001 --> 06:02:28,000 CRIMINAL COURT AT THE HAGUE IN 8391 06:02:28,001 --> 06:02:30,000 TERMS OF DUE PROCESS RIGHTS FOR 8392 06:02:30,001 --> 06:02:31,000 THE DETAINEE. 8393 06:02:31,001 --> 06:02:34,000 BUT IT ALSO RECOGNIZES THAT 8394 06:02:34,001 --> 06:02:35,000 WE'RE AT WAR. 8395 06:02:35,001 --> 06:02:38,000 AND THIS MILITARY COMMISSION 8396 06:02:38,001 --> 06:02:40,000 SYSTEM, WHILE TRANSPARENT, WITH 8397 06:02:40,001 --> 06:02:42,000 THE ABILITY TO APPEAL ALL 8398 06:02:42,001 --> 06:02:44,000 VERDICTS TO THE CIVILIAN SYSTEM, 8399 06:02:44,001 --> 06:02:46,000 HAS SAFEGUARDS BUILT IN IT TO 8400 06:02:46,001 --> 06:02:48,000 RECOGNIZE THAT WE'RE AT WAR AND 8401 06:02:48,001 --> 06:02:52,000 HOW YOU HANDLE EVIDENCE AND 8402 06:02:52,001 --> 06:02:53,000 ACCESS TO EVIDENCE AND 8403 06:02:53,001 --> 06:02:54,000 INTELLIGENT SOURCES ARE BUILT 8404 06:02:54,001 --> 06:02:59,000 INTO THAT MILITARY SYSTEM THAT 8405 06:02:59,001 --> 06:03:01,000 ARE NOT BUILT INTO CIVILIAN COURTS. 8406 06:03:01,001 --> 06:03:04,000 SINCE THIS COUNTRY HAS BEEN 8407 06:03:04,001 --> 06:03:07,000 FOUNDED WITH HISTORICALLY USED 8408 06:03:07,001 --> 06:03:09,000 MILITARY COMMISSIONS AS A VENUE 8409 06:03:09,001 --> 06:03:12,000 TO TRY SUSPECTED WAR CRIMINALS 8410 06:03:12,001 --> 06:03:16,000 CAUGHT ON BATTLEFIELDS. 8411 06:03:16,001 --> 06:03:20,000 WHY HAVE I BROUGHT THIS AMENDMENT? 8412 06:03:20,001 --> 06:03:24,000 I HAVE BEEN TOLD BY TOO MANY 8413 06:03:24,001 --> 06:03:27,000 PEOPLE WITH RELIABLE ACCESS THAT 8414 06:03:27,001 --> 06:03:30,000 THE ADMINISTRATION IS PLANNING 8415 06:03:30,001 --> 06:03:34,000 ON TRYING TO LEAD SHEIKH 8416 06:03:34,001 --> 06:03:39,000 9/11, THE PERPETRATOR OF THE 8417 06:03:39,001 --> 06:03:42,000 ATTACKS AGAINST OUR COUNTRY IN 8418 06:03:42,001 --> 06:03:45,000 WASHINGTON, PENNSYLVANIA, AND 8419 06:03:45,001 --> 06:03:52,000 NEW YORK, AND FEDERAL COURT IN 8420 06:03:52,001 --> 06:03:55,000 THE LOWER DISTRICT MANHATTAN. 8421 06:03:55,001 --> 06:03:58,000 IF THAT'S TRUE, YOU'VE LOST ME 8422 06:03:58,001 --> 06:04:00,000 AS A PARTNER. 8423 06:04:00,001 --> 06:04:02,000 WHY'D I SAY THAT? 8424 06:04:02,001 --> 06:04:05,000 IT WOULD BE THE BIGGEST MISTAKE 8425 06:04:05,001 --> 06:04:06,000 WE COULD POSSIBLY MAKE, IN MY 8426 06:04:06,001 --> 06:04:10,000 VIEW, SINCE 9/11. 8427 06:04:10,001 --> 06:04:12,000 WE WOULD BE GIVING 8428 06:04:12,001 --> 06:04:14,000 CONSTITUTIONAL RIGHTS TO THE 8429 06:04:14,001 --> 06:04:16,000 MASTERMIND OF 9/11 AS IF THEY 8430 06:04:16,001 --> 06:04:19,000 WERE ANY AVERAGE, EVERYDAY 8431 06:04:19,001 --> 06:04:24,000 CRIMINAL AMERICAN 8432 06:04:24,001 --> 06:04:26,000 WE WOULD BE BASICALLY SAYING TO 8433 06:04:26,001 --> 06:04:30,000 THE MASTERMIND IN 9/11 AND TO 8434 06:04:30,001 --> 06:04:33,000 THE WORLD AT LARGE, 9/11 WAS A 8435 06:04:33,001 --> 06:04:39,000 CRIMINAL ACT, NOT AN ACT OF WAR. 8436 06:04:39,001 --> 06:04:41,000 I DO BELIEVE IN PROSECUTORIAL 8437 06:04:41,001 --> 06:04:42,000 DISCRETION AND EXECUTIVE BRANCH 8438 06:04:42,001 --> 06:04:44,000 DISCRETION. 8439 06:04:44,001 --> 06:04:45,000 I INTRODUCE THIS AMENDMENT 8440 06:04:45,001 --> 06:04:47,000 RELUCTANTLY BUT WITH ALL THE 8441 06:04:47,001 --> 06:04:50,000 PASSION AND PERSUASION I CAN 8442 06:04:50,001 --> 06:04:52,000 MUSTER TO TELL MY COLLEAGUES ACT 8443 06:04:52,001 --> 06:04:53,000 NOW SO THAT WE WILL GET THIS 8444 06:04:53,001 --> 06:04:55,000 RIGHT LATER. 8445 06:04:55,001 --> 06:04:57,000 CONGRESS HAS SAID WE'RE NOT 8446 06:04:57,001 --> 06:04:58,000 GOING TO FUND THE CLOSING OF 8447 06:04:58,001 --> 06:05:00,000 GITMO. 8448 06:05:00,001 --> 06:05:01,000 WELL, IS CONGRESS MEDDLING IN 8449 06:05:01,001 --> 06:05:06,000 THE ABILITY OF THE COMMANDER IN 8450 06:05:06,001 --> 06:05:07,000 CHIEF TO RUN A MILITARY JAIL? 8451 06:05:07,001 --> 06:05:08,000 HELL YEAH, BECAUSE WE DON'T KNOW 8452 06:05:08,001 --> 06:05:11,000 WHAT THE PLAN IS. 8453 06:05:11,001 --> 06:05:13,000 WE HAVE AN INDEPENDENT DUTY AS 8454 06:05:13,001 --> 06:05:16,000 MEMBERS OF CONGRESS TO MAKE SURE 8455 06:05:16,001 --> 06:05:18,000 THERE IS BALANCE, AND THIS 8456 06:05:18,001 --> 06:05:20,000 NATION IS AT WAR. 8457 06:05:20,001 --> 06:05:22,000 IT'S OKAY FOR US TO SPEAK 8458 06:05:22,001 --> 06:05:25,000 AS A MATTER OF FACT, IT'S BEEN 8459 06:05:25,001 --> 06:05:27,000 TOO MUCH PASSING, TOO MANY 8460 06:05:27,001 --> 06:05:28,000 PASSES DURING THE BUSH 8461 06:05:28,001 --> 06:05:30,000 ADMINISTRATION WHERE CONGRESS 8462 06:05:30,001 --> 06:05:31,000 SORT OF JUST SAT BACK AND 8463 06:05:31,001 --> 06:05:32,000 WATCHED THINGS HAPPEN. 8464 06:05:32,001 --> 06:05:34,000 DON'T WATCH THIS HAPPEN. 8465 06:05:34,001 --> 06:05:38,000 GET ON THE RECORD NOW BEFORE IT 8466 06:05:38,001 --> 06:05:39,000 IS TOO LATE TO TELL THE 8467 06:05:39,001 --> 06:05:42,000 PRESIDENT THAT WE'RE NOT GOING 8468 06:05:42,001 --> 06:05:45,000 TO SIT BY AS A BODY AND WATCH 8469 06:05:45,001 --> 06:05:47,000 THE MASTERMIND OF 9/11 GO INTO 8470 06:05:47,001 --> 06:05:48,000 CIVILIAN COU AND CRIMINALIZE 8471 06:05:48,001 --> 06:05:51,000 THIS WAR. 8472 06:05:51,001 --> 06:05:57,000 IF HE GOES TO FEDERAL COURT, 8473 06:05:57,001 --> 06:05:58,000 HERE'S WHAT AWAITS: A CHAOS ZOO 8474 06:05:58,001 --> 06:06:00,000 TRIAL. 8475 06:06:00,001 --> 06:06:02,000 YES, WE'VE TAKEN PEOPLE INTO 8476 06:06:02,001 --> 06:06:07,000 FEDERAL COURT BEFORE FOR ACT OF TERRORISM. 8477 06:06:07,001 --> 06:06:08,000 FIRST GUY THAT TRIED TO BLOW U 8478 06:06:08,001 --> 06:06:09,000 THE WORLD TRADE CENTER, AND PUT 8479 06:06:09,001 --> 06:06:12,000 HIM IN CIVILIAN COURT. 8480 06:06:12,001 --> 06:06:18,000 WE TREATED THESE PEOPLE AS 8481 06:06:18,001 --> 06:06:19,000 COMMON CRIMINALS. 8482 06:06:19,001 --> 06:06:22,000 WARRIORS RATHER THAN A GUY THAT 8483 06:06:22,001 --> 06:06:24,000 ROBBED A LIQUOR STORE? 8484 06:06:24,001 --> 06:06:26,000 WHERE WOULD WE HAVE BEEN IN 2001 8485 06:06:26,001 --> 06:06:28,000 IF WE HAD HAD THE FORESIGHT IN 8486 06:06:28,001 --> 06:06:30,000 THE 1990'S TO RECOGNIZE THAT 8487 06:06:30,001 --> 06:06:35,000 WE'RE AT WAR, AND THESE PEOPLE 8488 06:06:35,001 --> 06:06:36,000 ARE NOT SOME CARTEL? 8489 06:06:36,001 --> 06:06:39,000 THEY'RE WARRIORS. 8490 06:06:39,001 --> 06:06:40,000 BEEN ON OUR CONSTRUCTION -- BENT 8491 06:06:40,001 --> 06:06:41,000 ON OUR CONSTRUCTION, WHO HAVE 8492 06:06:41,001 --> 06:06:43,000 BEEN PLANNING FOR YEARS TO 8493 06:06:43,001 --> 06:06:48,000 ATTACK THIS COUNTRY 8494 06:06:48,001 --> 06:06:49,000 PLANNING AS I SPEAK TO ATTACK US 8495 06:06:49,001 --> 06:06:52,000 AGAIN. 8496 06:06:52,001 --> 06:06:54,000 WE'RE NOT 8497 06:06:54,001 --> 06:06:58,000 WE'RE FIGHTING A WAR. 8498 06:06:58,001 --> 06:06:59,000 AND THE WAR IS NOT OVER. 8499 06:06:59,001 --> 06:07:02,000 WHAT HAPPENED IN THE BLIND 8500 06:07:02,001 --> 06:07:06,000 SHEIKH TRIAL? 8501 06:07:06,001 --> 06:07:09,000 BECAUSE IT WAS 8502 06:07:09,001 --> 06:07:10,000 BUILT AROUND TRYING COMMON 8503 06:07:10,001 --> 06:07:12,000 CRIMINALS, THE COURT DIDN'T HAVE 8504 06:07:12,001 --> 06:07:15,000 THE PROTECTIONS MILITARY 8505 06:07:15,001 --> 06:07:18,000 COMMISSIONS WILL HAVE TO PROTECT 8506 06:07:18,001 --> 06:07:19,000 THIS NATION'S S 8507 06:07:19,001 --> 06:07:24,000 CLASSIFIED INFORMATION. 8508 06:07:24,001 --> 06:07:25,000 AS A RESULT OF THAT 8509 06:07:25,001 --> 06:07:28,000 UNINDICTED COCONSPIRATOR LIST 8510 06:07:28,001 --> 06:07:31,000 WAS PROVIDED TO THE DEFENSE AS 8511 06:07:31,001 --> 06:07:33,000 PART OF DISCOVERY IN FEDERAL 8512 06:07:33,001 --> 06:07:36,000 CIVILIAN 8513 06:07:36,001 --> 06:07:38,000 THAT UNINDICTED COCONSPIRATOR 8514 06:07:38,001 --> 06:07:40,000 LIST WAS AN INTELLIGENCE COUP 8515 06:07:40,001 --> 06:07:43,000 FOR THE ENEMY. 8516 06:07:43,001 --> 06:07:46,000 IT 8517 06:07:46,001 --> 06:07:47,000 TO THE DEFENDANT TO THE MIDEAST, 8518 06:07:47,001 --> 06:07:49,000 AND AL QAEDA WAS ABLE TO 8519 06:07:49,001 --> 06:07:52,000 UNDERSTAND FROM 8520 06:07:52,001 --> 06:07:55,000 WE WERE LOOKING AT AND WHO WE 8521 06:07:55,001 --> 06:08:00,000 HAD OUR EYE ON. 8522 06:08:00,001 --> 06:08:03,000 DURING THE 1990'S, WE TRIED TO 8523 06:08:03,001 --> 06:08:06,000 TREAT THESE TERRORIST WARRIORS 8524 06:08:06,001 --> 06:08:09,000 AS JUST SOME OTHER FORM OF CRIME. 8525 06:08:09,001 --> 06:08:12,000 IT WAS A MISTAKE. 8526 06:08:12,001 --> 06:08:16,000 DON'T REPEAT 8527 06:08:16,001 --> 06:08:18,000 IF YOU TAKE KHALID SHEIKH 8528 06:08:18,001 --> 06:08:20,000 MOHAMMED, THE MASTERMIND OF 8529 06:08:20,001 --> 06:08:21,000 9/11, AND PUT HIM IN FEDERAL 8530 06:08:21,001 --> 06:08:23,000 CIVILIAN COURT, YOU WILL HAVE 8531 06:08:23,001 --> 06:08:27,000 LEARNED NOTHING FROM THE 1990'S. 8532 06:08:27,001 --> 06:08:30,000 YOU WILL HAVE SENT THE WRONG 8533 06:08:30,001 --> 06:08:33,000 SIGNAL TO THE TERRORIST AND TO 8534 06:08:33,001 --> 06:08:37,000 OUR OWN PEOPLE. 8535 06:08:37,001 --> 06:08:45,000 JUDGE MUKASEY WHORESIDED OVER 8536 06:08:45,001 --> 06:08:47,000 THE BLIND SHEIKH TRIAL, WROTE AN 8537 06:08:47,001 --> 06:08:48,000 MISTAKE IT WOULD BE TO PUT THE 8538 06:08:48,001 --> 06:08:50,000 9/11 COCONSPIRATORS INTO FEDAL COUR 8539 06:08:50,001 --> 06:08:52,000 HE WENT INTO GREAT DETAIL ABOUT 8540 06:08:52,001 --> 06:08:53,000 THE PROBLEMS YOU WOULD HAVE 8541 06:08:53,001 --> 06:08:54,000 TRYING THESE PEOPLE IN CIVILIAN 8542 06:08:54,001 --> 06:08:56,000 COURT. 8543 06:08:56,001 --> 06:08:57,000 AND HE BECAME OUR ATTORNEY GENERAL. 8544 06:08:57,001 --> 06:08:59,000 SO IF U DON'T 8545 06:08:59,001 --> 06:09:05,000 LIST BE TO THE JUDGE WHO 8546 06:09:05,001 --> 06:09:13,000 PRESIDED OVER THE TRIAL IN THE 8547 06:09:13,001 --> 06:09:15,000 1990'S. 8548 06:09:15,001 --> 06:09:17,000 ON WHAT THEY'RE GOING TO DO -- I 8549 06:09:17,001 --> 06:09:18,000 DON'T KNOW WHAT THEY'RE GOING TO 8550 06:09:18,001 --> 06:09:19,000 DO IN THE OBAMA ADMINISTRATION. 8551 06:09:19,001 --> 06:09:21,000 IF I BELIEVED THEY WERE GOING TO 8552 06:09:21,001 --> 06:09:22,000 DO SOMETHING OTHER THAN TAKE 8553 06:09:22,001 --> 06:09:24,000 KHALID SHEIKH MOHAMMED TO 8554 06:09:24,001 --> 06:09:25,000 FEDERAL COURT IN NEW YORK, I 8555 06:09:25,001 --> 06:09:28,000 WOULDN'T INTRODUCE THE AMENDMENT. 8556 06:09:28,001 --> 06:09:31,000 I KNOW THIS IS NOT A CAVALIER 8557 06:09:31,001 --> 06:09:34,000 THING 8558 06:09:34,001 --> 06:09:36,000 I'VE TAKEN SOME GRIEF FOR TRYING 8559 06:09:36,001 --> 06:09:39,000 TO HELP THE PRESIDENT FORM NEW 8560 06:09:39,001 --> 06:09:40,000 POLICIES WITH GUANTANAMO BAY AND 8561 06:09:40,001 --> 06:09:42,000 REJECT THE ARGUMENTS MADE BY 8562 06:09:42,001 --> 06:09:45,000 SOME OF MY DEAR FRIENDS THAT 8563 06:09:45,001 --> 06:09:46,000 THESE PEOPLE ARE TOO DANGEROUS 8564 06:09:46,001 --> 06:09:48,000 TO BRING TO THE UNITED STATES. 8565 06:09:48,001 --> 06:09:49,000 WE CAN FIND A WAY TO BRING THEM 8566 06:09:49,001 --> 06:09:52,000 TO THE UNITED STATES; WE'VE JUST 8567 06:09:52,001 --> 06:09:53,000 GOT TO BE SMART ABOUT IT. 8568 06:09:53,001 --> 06:09:56,000 TO OUR MILITARY MEN AND WOMEN 8569 06:09:56,001 --> 06:09:59,000 WHO WILL BE ADMINISTERING THE 8570 06:09:59,001 --> 06:10:01,000 COMMISSIONS, MY BIGGEST FEAR HAS 8571 06:10:01,001 --> 06:10:04,000 ALWAYS B 8572 06:10:04,001 --> 06:10:06,000 COMMISSION SYSTEM WILL BECOME A 8573 06:10:06,001 --> 06:10:09,000 SECOND-CLASS JUSTICE SYSTEM. 8574 06:10:09,001 --> 06:10:11,000 NOTHING COULD BE FURTHER FROM 8575 06:10:11,001 --> 06:10:14,000 THE TRUTH. 8576 06:10:14,001 --> 06:10:15,000 E MEN AND WOMEN WHO ADMINISTER 8577 06:10:15,001 --> 06:10:19,000 JUSTICE IN THE MILITARY 8578 06:10:19,001 --> 06:10:21,000 COMMISSION SYSTEM ARE THE SAME 8579 06:10:21,001 --> 06:10:23,000 JUDGE AFFECTS AND JURORS -- 8580 06:10:23,001 --> 06:10:25,000 ADVOCATES AND JURORS THAT 8581 06:10:25,001 --> 06:10:27,000 ADMINISTER JUSTICE TO OUR OWN TROOPS. 8582 06:10:27,001 --> 06:10:29,000 THE JUDGE ADVOCATE GENERAL OF 8583 06:10:29,001 --> 06:10:32,000 THE NAVY SAID THE MILITARY 8584 06:10:32,001 --> 06:10:33,000 SYSTEM IS SUCH THAT HE WOULD NOT 8585 06:10:33,001 --> 06:10:34,000 HESITATE TO HAVE ONE OF OUR OWN 8586 06:10:34,001 --> 06:10:36,000 TRIED IN IT. 8587 06:10:36,001 --> 06:10:37,000 LADIES AND GENTLEMEN, WE WILL 8588 06:10:37,001 --> 06:10:39,000 GAIN 8589 06:10:39,001 --> 06:10:42,000 IMPROVING OUR IMAGE BY SENDING 8590 06:10:42,001 --> 06:10:45,000 THE MASTERMIND OF 9/11 TO A NEW 8591 06:10:45,001 --> 06:10:46,000 YORK CIVILIAN COURT, GIVING HIM 8592 06:10:46,001 --> 06:10:48,000 THE SAME CONSTITUTIONAL RIGHTS 8593 06:10:48,001 --> 06:10:51,000 AS ANYBODY LISTENING TO ME IN 8594 06:10:51,001 --> 06:10:53,000 AMERICA WHO'S A CITIZEN IN TERMS 8595 06:10:53,001 --> 06:10:55,000 OF IMAGE. 8596 06:10:55,001 --> 06:10:56,000 THE MILITARY COMMISSION SYSTEM 8597 06:10:56,001 --> 06:10:58,000 WILL BE TRANSPARENT. 8598 06:10:58,001 --> 06:11:00,000 HE WILL HAVE HIS 8599 06:11:00,001 --> 06:11:03,000 HE WILL HAVE THE ABILITY TO 8600 06:11:03,001 --> 06:11:06,000 APPEAL A CONVICTION TO OUR CIVILIAN JUDGES. 8601 06:11:06,001 --> 06:11:07,000 HE WILL BE DEFENDED BY A 8602 06:11:07,001 --> 06:11:09,000 MILITARY LAWYER OR 8603 06:11:09,001 --> 06:11:12,000 ATTORNEY IF HE WANTS TO 8604 06:11:12,001 --> 06:11:14,000 HE WILL BE PRESUMED INNOCENT 8605 06:11:14,001 --> 06:11:18,000 UNTIL FOUND 8606 06:11:18,001 --> 06:11:21,000 AND IT WILL BE REQUIRED BY BEYOND A REASONABLE DOUBT 8607 06:11:21,001 --> 06:11:24,000 STANDARD FOR HIM TO BE 8608 06:11:24,001 --> 06:11:27,000 SO FOR THOSE WHO ARE WONDERING 8609 06:11:27,001 --> 06:11:30,000 ABOUT MILITARY COMMISSIONS, I 8610 06:11:30,001 --> 06:11:32,000 CAN TELL YOU THE BILL WE HAVE 8611 06:11:32,001 --> 06:11:33,000 PRODUCED I'LL PUT UP AGAINST ANY 8612 06:11:33,001 --> 06:11:35,000 SYSTEM IN THE WORLD. 8613 06:11:35,001 --> 06:11:37,000 AND TO THOSE WHO THINK IT'S NO 8614 06:11:37,001 --> 06:11:41,000 BIG DEAL TO 8615 06:11:41,001 --> 06:11:44,000 MOHAMMED TO 8616 06:11:44,001 --> 06:11:47,000 COULDN'T DISAGREE WITH YOU MORE. 8617 06:11:47,001 --> 06:11:50,000 WHAT YOU WILL HAVE DONE IS SET 8618 06:11:50,001 --> 06:11:53,000 IN MOTION THE DYNAMIC THAT LED 8619 06:11:53,001 --> 06:11:56,000 TO CRIMINALIZING THE WAR IN THE 1990'S. 8620 06:11:56,001 --> 06:11:57,000 YOU WILL HAVE LOST FOCUS YET 8621 06:11:57,001 --> 06:11:58,000 AGAIN. 8622 06:11:58,001 --> 06:11:59,000 YOU WILL HAVE BEEN LURED INTO 8623 06:11:59,001 --> 06:12:00,000 THE SENSE THAT WE'RE REALLY NOT 8624 06:12:00,001 --> 06:12:03,000 AT WAR. 8625 06:12:03,001 --> 06:12:04,000 THESE ARE JUST A BUNCH OF BAD 8626 06:12:04,001 --> 06:12:07,000 PEOPLE COMMITTING CRIMES. 8627 06:12:07,001 --> 06:12:08,000 THE DAY THAT WE TAKE THE 8628 06:12:08,001 --> 06:12:11,000 MASTERMIND OF 9/11 AND PUT HIM 8629 06:12:11,001 --> 06:12:12,000 IN FEDERAL COURT, WHOHE HELL 8630 06:12:12,001 --> 06:12:13,000 ARE YOU GOING TO TRY IN THE 8631 06:12:13,001 --> 06:12:16,000 MILITARY COMMISSION? 8632 06:12:16,001 --> 06:12:19,000 HOW CAN YOU TELL THAT 8633 06:12:19,001 --> 06:12:21,000 "WELL, YOU'RE AN ENEMY COMBATANT. 8634 06:12:21,001 --> 06:12:23,000 YOU'RE A BAD GUY, YOU'RE AT WAR." 8635 06:12:23,001 --> 06:12:26,000 BUT THE GUY WHO PLANNED THE 8636 06:12:26,001 --> 06:12:32,000 WHOLE THING IS JUST A COMMON CRIMINAL. 8637 06:12:32,001 --> 06:12:35,000 WHAT A MISTAKE WE WOULD MAKE. 8638 06:12:35,001 --> 06:12:39,000 IT IS IMPERATIVE THAT THIS 8639 06:12:39,001 --> 06:12:41,000 NATION HAVE A LEGAL SYSTEM 8640 06:12:41,001 --> 06:12:44,000 RECOGNIZES WE'RE AT WAR AND THAT 8641 06:12:44,001 --> 06:12:46,000 WE HAVE RULES TO PROTECT THIS 8642 06:12:46,001 --> 06:12:47,000 COUNTRY'S NATIONAL SECURITY 8643 06:12:47,001 --> 06:12:50,000 BALANCED AGAINST THE INTEREST OF 8644 06:12:50,001 --> 06:12:51,000 THE RIGHT OF THE ACCUSED 8645 06:12:51,001 --> 06:12:52,000 DETAINEE. 8646 06:12:52,001 --> 06:12:55,000 THE MILITARY COMMISSION FORUM 8647 06:12:55,001 --> 06:12:59,000 HAS CREATED THAT BALANCE. 8648 06:12:59,001 --> 06:13:04,000 IT IS A SYSTEM BUILT 8649 06:13:04,001 --> 06:13:07,000 A SYSTEM BUILT AROUND THE RULES 8650 06:13:07,001 --> 06:13:09,000 OF MILITARY LAW, A SYSTEM THAT 8651 06:13:09,001 --> 06:13:13,000 RECOGNIZES THE DIFFERENCE 8652 06:13:13,001 --> 06:13:17,000 BETWEEN A COMMON CRIMINAL AND A 8653 06:13:17,001 --> 06:13:19,000 WARRIOR, A SYSTEM THAT 8654 06:13:19,001 --> 06:13:21,000 UNDERSTANDS MILITARY 8655 06:13:21,001 --> 06:13:22,000 INTELLIGENCE IS DIFFERENT THAN 8656 06:13:22,001 --> 06:13:27,000 COMMON EVIDENCE. 8657 06:13:27,001 --> 06:13:32,000 IF WE DO NOT USE THAT SYSTEM FOR 8658 06:13:32,001 --> 06:13:35,000 THE GUY WHO PLANNED 9/11, WE 8659 06:13:35,001 --> 06:13:41,000 WILL ALL REGRET IT. 8660 06:13:41,001 --> 06:13:43,000 SO, MY AMENDMENT IS LIMITED IN SCOPE. 8661 06:13:43,001 --> 06:13:45,000 IT IS A CHANCE FOR YOU AS A 8662 06:13:45,001 --> 06:13:47,000 MEMBER OF THE UNITED STATES 8663 06:13:47,001 --> 06:13:49,000 SENATE TO 8664 06:13:49,001 --> 06:13:55,000 YOU WOULD LIKE TO SEE HAPPEN AS 8665 06:13:55,001 --> 06:13:57,000 THIS NATION MOVES FORWARD IN OUR 8666 06:13:57,001 --> 06:13:58,000 DESIRE TO CORRECT PAST MISTAKES 8667 06:13:58,001 --> 06:14:00,000 AND DEFEND THIS NATION WHO STILL 8668 06:14:00,001 --> 06:14:02,000 IS AT WAR 8669 06:14:02,001 --> 06:14:06,000 IT IS A CHANCE FOR YOU TO HAVE A 8670 06:14:06,001 --> 06:14:07,000 SAY ON BEHALF OF YOUR 8671 06:14:07,001 --> 06:14:10,000 CONSTITUENTS AS TO HOW THEY 8672 06:14:10,001 --> 06:14:11,000 WOULD LIKE TO SEE THIS NATION 8673 06:14:11,001 --> 06:14:16,000 DEFEND ITSELF. 8674 06:14:16,001 --> 06:14:19,000 I WOULD ARGUE THAT 8675 06:14:19,001 --> 06:14:22,000 AMERICANS, NOT JUST THE 9/11 8676 06:14:22,001 --> 06:14:25,000 FAMILIES, WOULD BE VERY 8677 06:14:25,001 --> 06:14:29,000 CONCERNED TO LEARN THAT THE MAN 8678 06:14:29,001 --> 06:14:31,000 WHO PLANNED THE ATTACKS THAT 8679 06:14:31,001 --> 06:14:33,000 KILLED 3,000 OF OUR FELLOW 8680 06:14:33,001 --> 06:14:34,000 CITIZENS, WHO WOULD DO IT AGAIN 8681 06:14:34,001 --> 06:14:40,000 TOMORROW, IS GOING TO BE TREATED 8682 06:14:40,001 --> 06:14:42,000 THE SAME AS ANY OTHER CRIMINAL. 8683 06:14:42,001 --> 06:14:45,000 NO GOOD WILL COME FROM THAT. 8684 06:14:45,001 --> 06:14:46,000 YOU WILL HAVE COMPROMISED THIS 8685 06:14:46,001 --> 06:14:48,000 MILITARY COMMISSION SYSTEM 8686 06:14:48,001 --> 06:14:50,000 BEYOND REPAIR. 8687 06:14:50,001 --> 06:14:53,000 YOU WILL HAVE ADOPTED THE LAW 8688 06:14:53,001 --> 06:14:55,000 ENFORCEMENT MODEL THAT FAILED U BEFORE. 8689 06:14:55,001 --> 06:14:57,000 AND WE WILL NOT BE A BETTER 8690 06:14:57,001 --> 06:15:02,000 PEOPLE. 8691 06:15:02,001 --> 06:15:09,000 I, ALONG WITH SENATOR LEVIN, 8692 06:15:09,001 --> 06:15:11,000 AT GUANTANAMO BAY THE DAY THAT 8693 06:15:11,001 --> 06:15:14,000 SHEIKH MOHAMMED APPEARED BEFORE 8694 06:15:14,001 --> 06:15:15,000 THE COMBAT TRIBUNAL. 8695 06:15:15,001 --> 06:15:17,000 WE COULD LISTEN TO HIM ON A 8696 06:15:17,001 --> 06:15:19,000 MONITOR AND YOU COULD SEE HIM 8697 06:15:19,001 --> 06:15:22,000 AND HEAR THE CHAINS RATTLE NEXT 8698 06:15:22,001 --> 06:15:23,000 DOOR WHEN HE THE WENT THROUGH 8699 06:15:23,001 --> 06:15:25,000 GREAT DETAIL OF 9/11 AND ALL THE 8700 06:15:25,001 --> 06:15:27,000 OTHER ACTS OF TERRORISM THAT HE 8701 06:15:27,001 --> 06:15:29,000 PLANNED AGAINST OUR 8702 06:15:29,001 --> 06:15:32,000 I NEVER WILL FORGET WHEN HE TOLD 8703 06:15:32,001 --> 06:15:33,000 THE MILITARY JUDGE THAT HE WAS A 8704 06:15:33,001 --> 06:15:35,000 HIGH-RANKING COMMANDER IN THE AL 8705 06:15:35,001 --> 06:15:38,000 QAEDA MILITARY ORGANIZATION. 8706 06:15:38,001 --> 06:15:41,000 AND HE REALLY APPRECIATED BEING 8707 06:15:41,001 --> 06:15:42,000 REFERRED TO AS A MILITARY 8708 06:15:42,001 --> 06:15:44,000 COMMANDER. 8709 06:15:44,001 --> 06:15:45,000 SOME WOULD SAY, WELL, YOU KNOW, 8710 06:15:45,001 --> 06:15:46,000 YOU DON'T WANT TO 8711 06:15:46,001 --> 06:15:49,000 GUY. 8712 06:15:49,001 --> 06:15:50,000 WHAT I WOULD SAY IS YOU WANT TO 8713 06:15:50,001 --> 06:15:52,000 UNDERSTAND WHO HE IS. 8714 06:15:52,001 --> 06:15:53,000 IF YOU THINK HE'S A COMMON 8715 06:15:53,001 --> 06:15:55,000 CRIMINAL, NO DIFFERENT THAN ANY 8716 06:15:55,001 --> 06:15:58,000 OTHER PERSON WHO WANTS TO HURT 8717 06:15:58,001 --> 06:16:00,000 PEOPLE, YOU'VE MADE A MISTAKE. 8718 06:16:00,001 --> 06:16:02,000 KHALID SHEIKH MOHAMMED HAS BEEN 8719 06:16:02,001 --> 06:16:04,000 ON OUR DESTRUCTION. 8720 06:16:04,001 --> 06:16:05,000 HE DID NOT ATTACK US FOR 8721 06:16:05,001 --> 06:16:07,000 FINANCIAL GAIN. 8722 06:16:07,001 --> 06:16:09,000 HE ATTACKED US BECAUSE HE HATES 8723 06:16:09,001 --> 06:16:11,000 US. 8724 06:16:11,001 --> 06:16:13,000 HE'S EVERY BIT AS DANGEROUS AS 8725 06:16:13,001 --> 06:16:15,000 THE NAZIS. 8726 06:16:15,001 --> 06:16:19,000 THESE PEOPLE THAT WE'RE FIGHTING 8727 06:16:19,001 --> 06:16:23,000 ARE VERY, VERY DANGEROUS PEOPLE. 8728 06:16:23,001 --> 06:16:25,000 AND I AM INSISTENT THAT THEY GET 8729 06:16:25,001 --> 06:16:28,000 A TRIAL CONSISTENT WITH OUR 8730 06:16:28,001 --> 06:16:30,000 VALUES, THAT THEY DON'T GET 8731 06:16:30,001 --> 06:16:31,000 RAILROADED, THAT THEY GET A 8732 06:16:31,001 --> 06:16:33,000 CHANCE TO DEFEND THEMSELVES AND 8733 06:16:33,001 --> 06:16:35,000 THE MEDIA WILL SEE HOW THE TRIAL 8734 06:16:35,001 --> 06:16:37,000 UNFOLDS AND YOU CAN SEE MOST OF 8735 06:16:37,001 --> 06:16:39,000 IT, IF NOT ALL OF IT. 8736 06:16:39,001 --> 06:16:41,000 BUT I'M ALSO INSISTENT THAT WE 8737 06:16:41,001 --> 06:16:43,000 NOT TAKE OUR EYE OFF THE BALL 8738 06:16:43,001 --> 06:16:45,000 HERE. 8739 06:16:45,001 --> 06:16:50,000 IT'S BEEN A LONG TIME SINCE 8740 06:16:50,001 --> 06:16:52,000 WE'VE BEEN ATTACKED FOR MANY -- 8741 06:16:52,001 --> 06:16:54,000 FOR A LOT OF PEOPLE THEY RELIVE 8742 06:16:54,001 --> 06:16:58,000 IT EVERY NIGHT. 8743 06:16:58,001 --> 06:17:01,000 THOSE WHO ARE ON FRONTLINES OF 8744 06:17:01,001 --> 06:17:03,000 9/11, IT 8745 06:17:03,001 --> 06:17:04,000 OVER AGAIN EVERY NHT OF THEIR 8746 06:17:04,001 --> 06:17:08,000 LIVES. 8747 06:17:08,001 --> 06:17:12,000 FOR THE REST OF US, PLEASE DO 8748 06:17:12,001 --> 06:17:15,000 NOT LOSE 8749 06:17:15,001 --> 06:17:17,000 THIS COUNTRY IS ENGAGED IN AN 8750 06:17:17,001 --> 06:17:21,000 ARMED CONFLICT WITH AN ENEMY 8751 06:17:21,001 --> 06:17:23,000 THAT KNOWS NO BOUNDARIES, HAS NO 8752 06:17:23,001 --> 06:17:26,000 ALLEGIANCE TO ANYTHING BEYOND 8753 06:17:26,001 --> 06:17:28,000 THEIR RADICAL RELIGION, AND ARE 8754 06:17:28,001 --> 06:17:30,000 CONSPIRING TO ATTACK US AS I 8755 06:17:30,001 --> 06:17:33,000 SPEAK. 8756 06:17:33,001 --> 06:17:35,000 WHEN WE TRY THEM, WE NEED TO 8757 06:17:35,001 --> 06:17:38,000 UNDERSTAND THAT THE TRIAL ITSELF 8758 06:17:38,001 --> 06:17:42,000 IS PART OF THE WAR EFFORT. 8759 06:17:42,001 --> 06:17:44,000 HOW WE DO THE TRIAL CAN MAKE US 8760 06:17:44,001 --> 06:17:49,000 SAFER OR IT CAN MAKE US WEAKER. 8761 06:17:49,001 --> 06:17:51,000 IF WE CRIMINALIZE THIS WAR IF WE 8762 06:17:51,001 --> 06:17:54,000 TAKE THE MAN WHO PLAN AND THE 8763 06:17:54,001 --> 06:17:55,000 ATTACKS OF 9/1 AND PUT HIM IN 8764 06:17:55,001 --> 06:17:58,000 CIVILIAN COURT, IT'S GOING TO BE 8765 06:17:58,001 --> 06:17:59,000 IMPOSSIBLE WITH A STRAIGHT FACE 8766 06:17:59,001 --> 06:18:01,000 TO TAKE SOMEBODY UNDER HIM AND 8767 06:18:01,001 --> 06:18:03,000 PUT HIM IN MILITARY COURT. 8768 06:18:03,001 --> 06:18:05,000 AND THE DAY YOU PUT HIM BACK IN 8769 06:18:05,001 --> 06:18:07,000 CIVILIAN KOWRT, YOU'RE GOING TO 8770 06:18:07,001 --> 06:18:09,000 -- COURT, YOU'RE GOING TO CREATE 8771 06:18:09,001 --> 06:18:10,000 THE PROBLEMS THAT JUDGE MUKASEY 8772 06:18:10,001 --> 06:18:12,000 WARNED US AGAINST, YOU'RE GOING 8773 06:18:12,001 --> 06:18:13,000 TO HAVE EVIDENCE COMPROMISED AND 8774 06:18:13,001 --> 06:18:16,000 YOU'RE GOING TO REGRET IT. 8775 06:18:16,001 --> 06:18:17,000 I HOPE TO CONTINUE TO WORK WITH 8776 06:18:17,001 --> 06:18:20,000 THE ADMINISTRATION TO FIND A WAY 8777 06:18:20,001 --> 06:18:22,000 TO CLOSE GUANTANAMO BAY TO 8778 06:18:22,001 --> 06:18:24,000 CREATE THE A TRANSPARENT LEGAL 8779 06:18:24,001 --> 06:18:26,000 SYSTEM THAT WILL ALLOW EVERY 8780 06:18:26,001 --> 06:18:28,000 DETAINEE THEIR DAY IN COURT, DUE 8781 06:18:28,001 --> 06:18:31,000 PROCS RIGHTS THEY DESERVE 8782 06:18:31,001 --> 06:18:33,000 BASED ON OUR LAW, NOT BASED ON 8783 06:18:33,001 --> 06:18:36,000 WH THEY'VE DONE, BUTASED ON 8784 06:18:36,001 --> 06:18:40,000 WHO WE ARE AS A PEOPLE. 8785 06:18:40,001 --> 06:18:44,000 AND THE 21st HIJACKER -- THE 8786 06:18:44,001 --> 06:18:48,000 20th HIJACKER SAID THIS IN 8787 06:18:48,001 --> 06:18:49,000 FEDERAL COURT, THEY HAD A -- 8788 06:18:49,001 --> 06:18:52,000 VICTIMS WERE ALLOWED TO TESTIFY 8789 06:18:52,001 --> 06:18:55,000 ABOUT THE IMPACT OF 9/11. 8790 06:18:55,001 --> 06:18:57,000 THEY HAD A U.S. NAVY OFFICER 8791 06:18:57,001 --> 06:18:58,000 TALKING ABOUT BEING AT THE 8792 06:18:58,001 --> 06:19:02,000 PENTAGON AND THE IMPACT ON HIS 8793 06:19:02,001 --> 06:19:05,000 LIFE AND ON HIS FRIENDS. 8794 06:19:05,001 --> 06:19:08,000 AND DURING THE TESTIMONY, THE 8795 06:19:08,001 --> 06:19:11,000 OFFICER STARTED TO CRY. 8796 06:19:11,001 --> 06:19:14,000 AND HERE'S WHAT THE 8797 06:19:14,001 --> 06:19:16,000 SAID, MOUSSAOUI, THE 20th 8798 06:19:16,001 --> 06:19:18,000 HIJACKER, "I THINK IT WAS 8799 06:19:18,001 --> 06:19:20,000 DISGUSTING FOR A MILITARY PERSON 8800 06:19:20,001 --> 06:19:23,000 TO PRETEND THAT THEY SHOULD NOT 8801 06:19:23,001 --> 06:19:27,000 BE KILLED AS AN ACT OF WAR. 8802 06:19:27,001 --> 06:19:30,000 SHE IS MILITARY." 8803 06:19:30,001 --> 06:19:33,000 IT WAS A NAVY FEMALE OFFICER. 8804 06:19:33,001 --> 06:19:38,000 "SHE SHOULD EXPECT THE PEOPLE AT 8805 06:19:38,001 --> 06:19:41,000 WAR WITH HER WILL KILL HER. 8806 06:19:41,001 --> 06:19:42,000 " THIS IS THE 20th HIJACKER IN 8807 06:19:42,001 --> 06:19:44,000 COURT. 8808 06:19:44,001 --> 06:19:47,000 "I WILL NEVER CRY BECAUSE 8809 06:19:47,001 --> 06:19:48,000 AMERICAN BOMBED MY CAMP." 8810 06:19:48,001 --> 06:19:52,000 IF YOU'VE GOT ANY DOUBT THAT 8811 06:19:52,001 --> 06:19:53,000 WE'RE AT WAR, THE ONE THING YOU 8812 06:19:53,001 --> 06:19:54,000 OUGHT TO BE CERTAIN OF, THEY 8813 06:19:54,001 --> 06:19:58,000 HAVE NO DOUBT THAT THEY'RE AT 8814 06:19:58,001 --> 06:20:00,000 WAR WITH US. 8815 06:20:00,001 --> 06:20:02,000 THE ONE THING THAT THE MEN AND 8816 06:20:02,001 --> 06:20:05,000 WOMEN WHO GO OFF TO FIGHT THIS 8817 06:20:05,001 --> 06:20:07,000 WAR SHOULD EXPECT OF THEIR 8818 06:20:07,001 --> 06:20:09,000 GOVERNMENT AND OF THEIR CONGRESS 8819 06:20:09,001 --> 06:20:12,000 IS TO WATCH THEIR BACK THE BEST 8820 06:20:12,001 --> 06:20:14,000 WE CAN. 8821 06:20:14,001 --> 06:20:17,000 WE WOULD BE DOING THOSE MEN AND 8822 06:20:17,001 --> 06:20:21,000 WOMEN A GREAT DISSERVICE IF WE 8823 06:20:21,001 --> 06:20:23,000 PUT THE MASTERMIND OF 9/11, WHO 8824 06:20:23,001 --> 06:20:26,000 KILLED THE FRIENDS OF THIS NAVY 8825 06:20:26,001 --> 06:20:29,000 OFFICER IN A CIVILIAN COURT THAT 8826 06:20:29,001 --> 06:20:32,000 COULD LEAD TO COMPROMISING 8827 06:20:32,001 --> 06:20:35,000 EVENTS THAT WOULD MAKE THEIR JOB 8828 06:20:35,001 --> 06:20:38,000 HARDER. 8829 06:20:38,001 --> 06:20:42,000 DISSERVICE TO ACT ON 8830 06:20:42,001 --> 06:20:43,000 IF WE'RE NOT AT WAR. 8831 06:20:43,001 --> 06:20:44,000 SO, LADIES AND GENTLEMEN OF THE 8832 06:20:44,001 --> 06:20:46,000 SENATE, YOU HAVE A CHANCE TO 8833 06:20:46,001 --> 06:20:48,000 SPEAK. 8834 06:20:48,001 --> 06:20:50,000 YOU HAVE A CHANCE TO BE ON 8835 06:20:50,001 --> 06:20:53,000 RECORD FOR YOUR CONSTITUENTS TO 8836 06:20:53,001 --> 06:20:55,000 SEND A SIGNAL THAT NEEDS TO BE 8837 06:20:55,001 --> 06:20:57,000 SENT BEFORE IT'S TOO LATE. 8838 06:20:57,001 --> 06:21:05,000 AND HERE'S WHAT I WOULD ASK YOU 8839 06:21:05,001 --> 06:21:07,000 WE'RE AT WAR AND THAT THE LEGAL 8840 06:21:07,001 --> 06:21:10,000 SYSTEM THAT WE'RE GOING T 8841 06:21:10,001 --> 06:21:13,000 TO TRY 8842 06:21:13,001 --> 06:21:15,000 COUNTRY AND KILL 3,000 AMERICAN 8843 06:21:15,001 --> 06:21:17,000 CITIZENS SHOULD BE A MILITARY 8844 06:21:17,001 --> 06:21:19,000 LEGAL SYSTEM CONSISTENT WITH IT 8845 06:21:19,001 --> 06:21:22,000 BEING AT WAR. 8846 06:21:22,001 --> 06:21:23,000 I WILL NOT, WITH M 8847 06:21:23,001 --> 06:21:25,000 BACK TO THE LAW ENFORCEMENT 8848 06:21:25,001 --> 06:21:27,000 MODEL THAT JEOPARDIZED OUR 8849 06:21:27,001 --> 06:21:28,000 NATIONAL SECURITY BACK IN THE 8850 06:21:28,001 --> 06:21:30,000 1990'S. 8851 06:21:30,001 --> 06:21:32,000 I WILL INSIST THAT THESE 8852 06:21:32,001 --> 06:21:34,000 DETAINEES HAVE A FULL, FAIR 8853 06:21:34,001 --> 06:21:35,000 TRIAL, AND THEY BE TREATED 8854 06:21:35,001 --> 06:21:39,000 APPROPRIATELY. 8855 06:21:39,001 --> 06:21:42,000 BUT I WILL NOT, WITH MY VOTE, 8856 06:21:42,001 --> 06:21:44,000 TAKE THE MASTERMIND OF 9/11, THE 8857 06:21:44,001 --> 06:21:47,000 MAN WHO PLANNED THE 8858 06:21:47,001 --> 06:21:50,000 WOULD DO IT TOMORROW, AND GIVE 8859 06:21:50,001 --> 06:21:52,000 HIM THE SAME CONSTITUTIONAL 8860 06:21:52,001 --> 06:21:54,000 RIGHTS AS AN AVERAGE, EVERY DAY 8861 06:21:54,001 --> 06:21:56,000 AMERICAN IN A LEGAL SYSTEM 8862 06:21:56,001 --> 06:21:58,000 THAT'S NOT BUILT AROUND BEING AT 8863 06:21:58,001 --> 06:22:00,000 WAR. 8864 06:22:00,001 --> 06:22:03,000 IF YOU'LL SAY THAT, WE WILL GET 8865 06:22:03,001 --> 06:22:08,000 A GOOD OUTCOME. 8866 06:22:08,001 --> 06:22:11,000 IF YOU EQUIVOCATE WE'RE SLOWLY, 8867 06:22:11,001 --> 06:22:14,000 BUT SURELY, GOING TO CREATE A 8868 06:22:14,001 --> 06:22:15,000 LEGAL HODGEPODGE THAT WILL COM 8869 06:22:15,001 --> 06:22:17,000 WITH THAT, I YIELD. THE PRESIDING OFFICER: THE 8870 06:22:17,001 --> 06:22:18,000 SENA 8871 06:22:18,001 --> 06:22:21,000 MR. LEAHY: MR. PRESIDENT, I TAKE 8872 06:22:21,001 --> 06:22:23,000 A DIFFERENT VIEW. 8873 06:22:23,001 --> 06:22:25,000 THE AMENDMENT THAT HAS BEEN 8874 06:22:25,001 --> 06:22:29,000 SPONSORED BY SENATOR GRAHAM, 8875 06:22:29,001 --> 06:22:31,000 SENATOR LIEBERMAN, SENATOR WEBB 8876 06:22:31,001 --> 06:22:32,000 IS WRONG. 8877 06:22:32,001 --> 06:22:34,000 IT'S UNNECESSARY. 8878 06:22:34,001 --> 06:22:36,000 IT WORKS AS THE -- AS SENATOR 8879 06:22:36,001 --> 06:22:38,000 GRAHAM JUST SAID, PROHIBIT THE 8880 06:22:38,001 --> 06:22:41,000 PROSECUTION OF ANY INDIVIDUAL 8881 06:22:41,001 --> 06:22:43,000 SUSPECTED INVOLVED WITH A 8882 06:22:43,001 --> 06:22:45,000 SEPTEMBER 11 ATTACKS OF THE 8883 06:22:45,001 --> 06:22:50,000 UNITED STATES BEING TRIED IN OUR ARTICLE 3 COURT. 8884 06:22:50,001 --> 06:22:55,000 THE IDEA THAT WE CAN'T TRY 8885 06:22:55,001 --> 06:22:58,000 TERRORIST AND MASS MURDER IN O 8886 06:22:58,001 --> 06:23:02,000 -- MURDERER IN OUR COURT IS 8887 06:23:02,001 --> 06:23:04,000 BENEATH THE DIGNITY AFTER GREAT COUNTRY. 8888 06:23:04,001 --> 06:23:05,000 TIMOTHY MCVEIGH, ONE OF THE 8889 06:23:05,001 --> 06:23:08,000 GREATEST MASS MURDERERS THIS 8890 06:23:08,001 --> 06:23:10,000 NATION HAS EVER KNOWN, HE HAD NO 8891 06:23:10,001 --> 06:23:11,000 -- WE HAD NO DIFFICULTY IN 8892 06:23:11,001 --> 06:23:15,000 TRYING HIM AND CONVICTING HIM 8893 06:23:15,001 --> 06:23:17,000 AND EXECUTING HIM USING OUR LAWS 8894 06:23:17,001 --> 06:23:19,000 AND OUR ARTICLE 3 COURTS. 8895 06:23:19,001 --> 06:23:21,000 THE AMENDMENT -- THE REAL REASON 8896 06:23:21,001 --> 06:23:22,000 OF THE AMENDMENT IS VERY CLEAR. 8897 06:23:22,001 --> 06:23:24,000 IT'S TO ENSURE THAT THE 8898 06:23:24,001 --> 06:23:26,000 DETAINEES BEING HELD AT 8899 06:23:26,001 --> 06:23:28,000 GUANTANAMO BAY, SOME OF WHO HAVE 8900 06:23:28,001 --> 06:23:31,000 BEEN HELD YEARS WITHOUT CHARGE, 8901 06:23:31,001 --> 06:23:38,000 CAN BE TRIED ONLY BY MILITARY 8902 06:23:38,001 --> 06:23:42,000 COMMISSIONS. 8903 06:23:42,001 --> 06:23:44,000 PROSECUTOR AND I FIND THAT VERY 8904 06:23:44,001 --> 06:23:45,000 TROUBLING THAT THE UNITE UNITED STATES 8905 06:23:45,001 --> 06:23:48,000 SENATE WOULD BE ASKED TO 8906 06:23:48,001 --> 06:23:49,000 PROHIBIT THE ADMINISTRATION FROM 8907 06:23:49,001 --> 06:23:53,000 EVEN TRYING -- OR FROM TRYING 8908 06:23:53,001 --> 06:23:56,000 FEDERAL COURTS. 8909 06:23:56,001 --> 06:23:59,000 THE SENATOR SHOULD NOT USE AN 8910 06:23:59,001 --> 06:24:02,000 AMENDMENT THAT, UNFORTUNATELY, 8911 06:24:02,001 --> 06:24:04,000 POLITICIZES DECISIONS ABOUT 8912 06:24:04,001 --> 06:24:06,000 SIGNIFICANT PROSECUTION AS A 8913 06:24:06,001 --> 06:24:07,000 BACKDOOR WAY COMMISSION. 8914 06:24:07,001 --> 06:24:10,000 THE ADMINISTRATION HAS WORKED 8915 06:24:10,001 --> 06:24:11,000 HARD TO 8916 06:24:11,001 --> 06:24:13,000 COISSION TO MAKE 8917 06:24:13,001 --> 06:24:15,000 MEET THE CONSTITUTIONAL 8918 06:24:15,001 --> 06:24:18,000 STANDARDS, AND I APPLAUD HIM FOR THAT. 8919 06:24:18,001 --> 06:24:19,000 BUT THE U 8920 06:24:19,001 --> 06:24:21,000 WITH PROBLEMS AND REPEATEDLY 8921 06:24:21,001 --> 06:24:23,000 OVERTURNED BY A VERY 8922 06:24:23,001 --> 06:24:28,000 CONSERVATIVE SUPREME COURT. 8923 06:24:28,001 --> 06:24:30,000 IN CONTRAST, OUR FEDERAL COURTS 8924 06:24:30,001 --> 06:24:32,000 HAVE A LONG AND DISTINGUISHED 8925 06:24:32,001 --> 06:24:34,000 HISTORY OF SUCCESSFULLY 8926 06:24:34,001 --> 06:24:38,000 PROSECUTING EVEN THE MOST 8927 06:24:38,001 --> 06:24:40,000 ATROCIOUS, VIOLENT 8928 06:24:40,001 --> 06:24:43,000 HAVE THE EXPERIENCE OF DOING IT. 8929 06:24:43,001 --> 06:24:44,000 BUT MORE IMPORTANTLY, MR. 8930 06:24:44,001 --> 06:24:47,000 PRESIDENT, THEY'RE RESPECTED 8931 06:24:47,001 --> 06:24:49,000 THROUGHOUT THE WORLD. 8932 06:24:49,001 --> 06:24:51,000 WE GO IN OUR FEDERAL COURTS, THE 8933 06:24:51,001 --> 06:24:54,000 REST OF THE WORLD CAN SAY, YOU 8934 06:24:54,001 --> 06:24:55,000 ARE FOLLOWING OVER 200 YEARS OF 8935 06:24:55,001 --> 06:24:57,000 JUDICIAL HISTORY OF T 8936 06:24:57,001 --> 06:25:00,000 STATES OF AMERICA. 8937 06:25:00,001 --> 06:25:02,000 AND WE GAIN RESPECT FOR THAT. 8938 06:25:02,001 --> 06:25:04,000 ONE OF THE REASONS WHY THE 8939 06:25:04,001 --> 06:25:06,000 ADMINISTRATION STRONGLY OPPOSES 8940 06:25:06,001 --> 06:25:08,000 THIS AMENDMENT, THE SENATE 8941 06:25:08,001 --> 06:25:11,000 LEADERSHIP HAS A LETTER FROM 8942 06:25:11,001 --> 06:25:12,000 SECRETARY OF DEFENSE ROBERT 8943 06:25:12,001 --> 06:25:15,000 GATES AND ERIC HOLDER, THE 8944 06:25:15,001 --> 06:25:16,000 ATTORNEY GENERAL OF THE UNITED 8945 06:25:16,001 --> 06:25:18,000 STATES, SAYING THAT IT WOULD BE 8946 06:25:18,001 --> 06:25:20,000 UNWISE AND WOULD SET A DANGEROUS 8947 06:25:20,001 --> 06:25:22,000 PRECEDENT FOR CONGRESS TO 8948 06:25:22,001 --> 06:25:24,000 RESTRICT THE DISCRETION OF 8949 06:25:24,001 --> 06:25:25,000 EITHER THE DEPARTMENT -- 8950 06:25:25,001 --> 06:25:27,000 PARTICULAR PROS KIEWSES. 8951 06:25:27,001 --> 06:25:29,000 THEY SAY DON'T -- PROSECUTIONS. 8952 06:25:29,001 --> 06:25:30,000 THEY SAY DON'T DO THIS. 8953 06:25:30,001 --> 06:25:32,000 THEY ALSO POINT OUT THIS 8954 06:25:32,001 --> 06:25:34,000 AMENDMENT WOULD PROHIBIT THEM 8955 06:25:34,001 --> 06:25:36,000 FROM BEING ABLE TO USE EVERY 8956 06:25:36,001 --> 06:25:38,000 LAWFUL POWER TO 8957 06:25:38,001 --> 06:25:41,000 TE 8958 06:25:41,001 --> 06:25:42,000 JUSTICE AND CAN NO LONGER 8959 06:25:42,001 --> 06:25:44,000 THREATEN AMERICAN LIVES. 8960 06:25:44,001 --> 06:25:46,000 IF WE REALLY WANT TO GET THE 8961 06:25:46,001 --> 06:25:48,000 TERRORISTS, WE REALLY WANT TO 8962 06:25:48,001 --> 06:25:53,000 MAKE 8963 06:25:53,001 --> 06:25:55,000 CRIME, WHY WOULD WE CUT 8964 06:25:55,001 --> 06:25:56,000 ANYONE OF THE AVENUES AVAILABLE 8965 06:25:56,001 --> 06:25:58,000 TO US? 8966 06:25:58,001 --> 06:26:00,000 I WOULD THINK IF WE REALLY WANT 8967 06:26:00,001 --> 06:26:02,000 TO GET THEM, WE WOULD WANT TO 8968 06:26:02,001 --> 06:26:04,000 HAVE 8969 06:26:04,001 --> 06:26:05,000 AVAILABLE TO 8970 06:26:05,001 --> 06:26:08,000 OFF. 8971 06:26:08,001 --> 06:26:09,000 TWO OF THE MOST SENIOR 8972 06:26:09,001 --> 06:26:10,000 ADMINISTRATION OFFICIALS, MEN 8973 06:26:10,001 --> 06:26:12,000 DIRECTLY RESPONSIBLE FOR THE 8974 06:26:12,001 --> 06:26:16,000 DISPOSITION OF THESE DETAINEES 8975 06:26:16,001 --> 06:26:20,000 ARE TELLING US, DON'T TIE OUR 8976 06:26:20,001 --> 06:26:22,000 HANDS IN THE FIGHT AGAINST TERRORISM. 8977 06:26:22,001 --> 06:26:23,000 THIS SENATOR LISTENS TO THEM AND 8978 06:26:23,001 --> 06:26:25,000 I WISH OTHER SENATORS WOULD 8979 06:26:25,001 --> 06:26:27,000 LISTEN TO THEM. 8980 06:26:27,001 --> 06:26:28,000 AND THERE'S BEEN AN OUTPOURING 8981 06:26:28,001 --> 06:26:30,000 OF OPPOSITION AGAINST THIS 8982 06:26:30,001 --> 06:26:32,000 AMENDMENT. 8983 06:26:32,001 --> 06:26:34,000 LOOK AT THE GROUPS, HUMAN RIGHTS 8984 06:26:34,001 --> 06:26:36,000 FIRST, NATIONAL INSTITUTION OF 8985 06:26:36,001 --> 06:26:38,000 MILITARY JUSTICE, CONSTITUTION 8986 06:26:38,001 --> 06:26:41,000 PROJECT, AMNESTY INTERNATIONAL. 8987 06:26:41,001 --> 06:26:44,000 WE'VE ALSO SEEN A STRONG PUBLIC 8988 06:26:44,001 --> 06:26:47,000 DECLARATION SUPPORTING TRYING 8989 06:26:47,001 --> 06:26:48,000 TERRORISM OFFENSES IN FEDERAL -- 8990 06:26:48,001 --> 06:26:49,000 IN FEDERAL COURT SIGNED BY A 8991 06:26:49,001 --> 06:26:54,000 BIPARTISAN GROUP OF PROMINENT 8992 06:26:54,001 --> 06:26:55,000 FORMER MEMBERS OF CONGRESS, AND 8993 06:26:55,001 --> 06:26:57,000 HIGH-RANKING MILITARY OFFICIALS 8994 06:26:57,001 --> 06:26:59,000 D JUDGES. 8995 06:26:59,001 --> 06:27:00,000 IN THE SENATE JUDICIARY 8996 06:27:00,001 --> 06:27:02,000 COMMITTEE WE HELD SEVERAL 8997 06:27:02,001 --> 06:27:05,000 HEARINGS ON THE ISSUE HOW BEST 8998 06:27:05,001 --> 06:27:07,000 HANDLE DETAINEES. 8999 06:27:07,001 --> 06:27:08,000 AND EXPERTS AND JUDGES ACROSS 9000 06:27:08,001 --> 06:27:10,000 THE POLITICAL SPECTRUM HAVE 9001 06:27:10,001 --> 06:27:11,000 AGREED THAT OUR COURTS AND OUR 9002 06:27:11,001 --> 06:27:14,000 CRIMINAL JUSTICE SYSTEM CAN 9003 06:27:14,001 --> 06:27:16,000 HANDLE THIS CHALLENGE, INDEED, 9004 06:27:16,001 --> 06:27:19,000 HAS HANDLED IT MANY TIMES ALREADY. 9005 06:27:19,001 --> 06:27:20,000 WE'RE THE MOST POWERFUL NATION 9006 06:27:20,001 --> 06:27:24,000 ON ERTSD. 9007 06:27:24,001 --> 06:27:25,000 WE'RE THE MOST TESTED COURT 9008 06:27:25,001 --> 06:27:28,000 SYSTEM ON EARTH. 9009 06:27:28,001 --> 06:27:30,000 ARE WE GOING TO 9010 06:27:30,001 --> 06:27:32,000 WITH ALL OF OUR POWER, WITH ALL 9011 06:27:32,001 --> 06:27:34,000 OF OUR HISTORY, WITH ALL OF OUR 9012 06:27:34,001 --> 06:27:39,000 JUDICIAL EXCELLENCE, WE'RE NOT 9013 06:27:39,001 --> 06:27:42,000 UP 9014 06:27:42,001 --> 06:27:44,000 PEOPLE -- I THINK IT'S JUST THE 9015 06:27:44,001 --> 06:27:45,000 OPPOSITE AN SAYING, YES, WE'RE 9016 06:27:45,001 --> 06:27:46,000 STRONG ENOUGH TO TRY THEM. 9017 06:27:46,001 --> 06:27:48,000 YES, WE HAVE THE LAWS THAT WE 9018 06:27:48,001 --> 06:27:51,000 CAN DO IT, YES, WE HAVE THE 9019 06:27:51,001 --> 06:27:54,000 ABILITY TO DO IT AND WE'LL DO IN 9020 06:27:54,001 --> 06:27:56,000 A WAY THAT WILL GAIN THE RESPECT 9021 06:27:56,001 --> 06:27:57,000 OF THE WHOLE WORLD. 9022 06:27:57,001 --> 06:27:59,000 THAT'S WHY REPUBLICAN HUMAN 9023 06:27:59,001 --> 06:28:01,000 ORDINARIES LIKE GENERAL COLLIN 9024 06:28:01,001 --> 06:28:02,000 POWELL HAVE AGREED WITH THE 9025 06:28:02,001 --> 06:28:05,000 IDEA. 9026 06:28:05,001 --> 06:28:08,000 ONE OF THE THINGS THAT WE TEND 9027 06:28:08,001 --> 06:28:11,000 JANUARY OF THIS YEAR ALONE, OVER 9028 06:28:11,001 --> 06:28:13,000 30 TERRORISM SUSPECTS HAVE BEEN 9029 06:28:13,001 --> 06:28:16,000 SUCCESSFULLY PROSECUTED OR 9030 06:28:16,001 --> 06:28:18,000 SENTENCED IN FEDERAL COURTS. 9031 06:28:18,001 --> 06:28:23,000 INCLUDING INDIVIDUALS DIRECTLY 9032 06:28:23,001 --> 06:28:26,000 IMMIMPLICATED BY THIS AMENDMENT, 9033 06:28:26,001 --> 06:28:27,000 SUCH AS 9034 06:28:27,001 --> 06:28:29,000 IF THIS AMENDMENT WERE LAW AT 9035 06:28:29,001 --> 06:28:33,000 THE TIME MOUSSAOUI WAS BROUGHT 9036 06:28:33,001 --> 06:28:35,000 UP, THE SO-CALLED 20th 9037 06:28:35,001 --> 06:28:38,000 HIJACKER, A MAN DIRECTLY 9038 06:28:38,001 --> 06:28:39,000 INVOLVED IN THE PLANNING OF SEPTEMBER 11th, IF THIS 9039 06:28:39,001 --> 06:28:41,000 AMENDMENT HAD BEEN THE LAW AT 9040 06:28:41,001 --> 06:28:45,000 THAT TIME, WE WOULD NOT HAVE 9041 06:28:45,001 --> 06:28:47,000 BEEN ABLE TO TRY HIM 9042 06:28:47,001 --> 06:28:48,000 IN FEDERAL GOVERNMENT, THANK 9043 06:28:48,001 --> 06:28:49,000 GOODNESS THIS AMENDMENT WASN'T 9044 06:28:49,001 --> 06:28:51,000 LAW AND WE 9045 06:28:51,001 --> 06:28:55,000 AND WHAT HAPPENED WHEN WE TRIED HIM? 9046 06:28:55,001 --> 06:28:56,000 HE WAS CONVICTED. 9047 06:28:56,001 --> 06:28:57,000 AND WHAT HAPPENED WHEN HE 9048 06:28:57,001 --> 06:28:59,000 CONVICTED? 9049 06:28:59,001 --> 06:29:01,000 HE WAS SENTENCED TO LIFE IN PRISON. 9050 06:29:01,001 --> 06:29:03,000 I KNOW THE TYPE OF CELL WHERE 9051 06:29:03,001 --> 06:29:05,000 HE'S GOING TO SPEND THE REST OF 9052 06:29:05,001 --> 06:29:10,000 HIS LIFE THINKING ABOUT WHAT HE 9053 06:29:10,001 --> 06:29:14,000 TRIED TO DO. 9054 06:29:14,001 --> 06:29:18,000 ARE WE GOING TO SAY THAT WE HAV 9055 06:29:18,001 --> 06:29:20,000 ANOTHER MOUSSAOUI -- SAY TO 9056 06:29:20,001 --> 06:29:22,000 MOUSSAOUI, SORRY, WE CAN'T TRY 9057 06:29:22,001 --> 06:29:25,000 YOU BECAUSE WE ARE AFRAID TO USE 9058 06:29:25,001 --> 06:29:26,000 OUR COURTS. 9059 06:29:26,001 --> 06:29:28,000 THIS AMEND 9060 06:29:28,001 --> 06:29:29,000 THE GREATEST TOOLS WE HAVE TO 9061 06:29:29,001 --> 06:29:31,000 PROTECT OUR NATIONAL SECURITY, 9062 06:29:31,001 --> 06:29:34,000 THE ABILITY TO PROSECUTE 9063 06:29:34,001 --> 06:29:37,000 SUSPECTS IN FEDERAL COURT. 9064 06:29:37,001 --> 06:29:39,000 INDEED, AS THE JUSTICE 9065 06:29:39,001 --> 06:29:41,000 DEPARTMENT HAS SAID IN ITS 9066 06:29:41,001 --> 06:29:43,000 OPPOTION TO THE GRAHAM 9067 06:29:43,001 --> 06:29:44,000 AMENDMEN 9068 06:29:44,001 --> 06:29:46,000 LIKELY THAT TERRORISTS 9069 06:29:46,001 --> 06:29:47,000 ESCAPE JUSTICE, NOT BE 9070 06:29:47,001 --> 06:29:49,000 CONVICTED. 9071 06:29:49,001 --> 06:29:50,000 I BELIEVE STRONGLY AS ALL 9072 06:29:50,001 --> 06:29:51,000 AMERICANS DO, OF COURSE WE 9073 06:29:51,001 --> 06:29:52,000 SHOULD TAKE ALL THE STEPS 9074 06:29:52,001 --> 06:29:54,000 POSSIBLE TO PREVENT TERRORISM. 9075 06:29:54,001 --> 06:29:56,000 OF COURSE WE SHOULD HAVE SEVERE 9076 06:29:56,001 --> 06:30:00,000 PUNISHMENT FOR THOSE WHO DO US HARM. 9077 06:30:00,001 --> 06:30:02,000 AS A FORMER PROSECUTOR, I MADE 9078 06:30:02,001 --> 06:30:06,000 CERTAIN THE PERPETRATORS OF 9079 06:30:06,001 --> 06:30:07,000 VIOLENT CRIMES RECEIVE SERIOUS PUNISHMENT. 9080 06:30:07,001 --> 06:30:09,000 I BELIEVED IN THAT. 9081 06:30:09,001 --> 06:30:14,000 I ALSO BELIEVE STRONGLY WE CAN 9082 06:30:14,001 --> 06:30:15,000 ENSURE OUR SAFETY AND SECURITY 9083 06:30:15,001 --> 06:30:16,000 AND BRING TERRORISTS TO JUSTICE 9084 06:30:16,001 --> 06:30:17,000 IN THE WAYS THAT ARE CONSISTENT 9085 06:30:17,001 --> 06:30:19,000 WITH THE LAWS AND THE VALUES OF 9086 06:30:19,001 --> 06:30:21,000 WHAT MAKE US A GREAT DEMOCRACY. 9087 06:30:21,001 --> 06:30:24,000 THE ADMINISTRATION SAID IT WAS POSSIBLE THEY WILL TRY 9088 06:30:24,001 --> 06:30:27,000 INDIVIDUALS IN FEDERAL COURTS. 9089 06:30:27,001 --> 06:30:30,000 WHEN WE UNNECESSARILY PREEMPT 9090 06:30:30,001 --> 06:30:33,000 THAT OPTION, WE'RE SAYING WE 9091 06:30:33,001 --> 06:30:35,000 DON'T TRUST THE LEGAL SYSTEM ON 9092 06:30:35,001 --> 06:30:36,000 WHICH WE HAVE RELIED FOR SO 9093 06:30:36,001 --> 06:30:38,000 LONG. 9094 06:30:38,001 --> 06:30:39,000 DO WE REALLY WANT TO SAY THAT, 9095 06:30:39,001 --> 06:30:42,000 MR. PRESIDENT, THAT WE DON'T 9096 06:30:42,001 --> 06:30:43,000 TRUST THE GREATEST LEGAL SYSTEM 9097 06:30:43,001 --> 06:30:44,000 IN THE WORLD? 9098 06:30:44,001 --> 06:30:46,000 ALL THAT DOES IS GIVE MORE 9099 06:30:46,001 --> 06:30:48,000 AMMUNITION TO OUR ENEMIES. 9100 06:30:48,001 --> 06:30:50,000 IT FURTHER HURTS OUR STANDING 9101 06:30:50,001 --> 06:30:52,000 AROUND THE WORLD. 9102 06:30:52,001 --> 06:30:53,000 A STANDING THAT HAS ALREADY 9103 06:30:53,001 --> 06:30:54,000 SUFFERED SO MUCH BY THE STAIN OF 9104 06:30:54,001 --> 06:30:56,000 GUANTANAMO BAY. 9105 06:30:56,001 --> 06:30:57,000 BUT IT ALSO SENDS A MESSAGE TO 9106 06:30:57,001 --> 06:31:00,000 OTHER COUNTRIES THAT THEY DON'T 9107 06:31:00,001 --> 06:31:03,000 HAVE TO USE TRADITIONAL LEGAL 9108 06:31:03,001 --> 06:31:05,000 REGIMES WITH ESTABLISHED PROTECTIONS FOR DEFENDANTS IF 9109 06:31:05,001 --> 06:31:07,000 THEY ARE PROSECUTING AMERICAN 9110 06:31:07,001 --> 06:31:10,000 SOLDIERS OR CIVILIANS. 9111 06:31:10,001 --> 06:31:15,000 HOW CAN WE GO TO THEM AND SAY 9112 06:31:15,001 --> 06:31:16,000 OH, YOU HAVE TO FOLLOW REGULAR 9113 06:31:16,001 --> 06:31:17,000 PROCEDURES? 9114 06:31:17,001 --> 06:31:22,000 THEY WILL SAY WHAT THE HECK, YOU 9115 06:31:22,001 --> 06:31:23,000 DON'T, YOU DON'T. 9116 06:31:23,001 --> 06:31:25,000 THEY WERE STRONG IN TRYING TO 9117 06:31:25,001 --> 06:31:26,000 HOLD UP THE CONFIRMATION OF 9118 06:31:26,001 --> 06:31:28,000 ATTORNEY GENERAL HOLDER TO 9119 06:31:28,001 --> 06:31:31,000 EXTORT A PLEDGE FROM HIM. 9120 06:31:31,001 --> 06:31:32,000 THEY WOULD NOT EXERCISE 9121 06:31:32,001 --> 06:31:33,000 INDEPENDENT PROSECUTORIAL 9122 06:31:33,001 --> 06:31:34,000 JUDGMENT, SOMETHING THAT I HAVE 9123 06:31:34,001 --> 06:31:35,000 NEVER SEEN DONE BEFORE IN 35 9124 06:31:35,001 --> 06:31:37,000 YEARS HERE. 9125 06:31:37,001 --> 06:31:39,000 IT'S ALSO WRONG TO FORCE AN 9126 06:31:39,001 --> 06:31:41,000 AMENDMENT POLITICIZING 9127 06:31:41,001 --> 06:31:43,000 PROSECUTIONS IN THE COMMERCE-JUSTICE-SCIENCE 9128 06:31:43,001 --> 06:31:45,000 APPROPRIATIONS BILL. 9129 06:31:45,001 --> 06:31:47,000 I OPPOSED THE EFFORT BY SOME 9130 06:31:47,001 --> 06:31:49,000 REPUBLICAN SENATORS WHO WANTED 9131 06:31:49,001 --> 06:31:50,000 THE NATION'S CHIEF PROSECUTOR TO 9132 06:31:50,001 --> 06:31:52,000 AGREE IN ADVANCE TO TURN A BLIND 9133 06:31:52,001 --> 06:31:53,000 EYE TO POSSIBLE LAW BREAKING 9134 06:31:53,001 --> 06:31:57,000 BEFORE EVEN INVESTIGATING 9135 06:31:57,001 --> 06:32:00,000 WHETHER IT OCCURRED. 9136 06:32:00,001 --> 06:32:06,000 REPUBLICANS ASKED FOR SUCH A 9137 06:32:06,001 --> 06:32:07,000 PLEDGE. 9138 06:32:07,001 --> 06:32:08,000 SOMETHING NO PROSECUTOR SHOULD 9139 06:32:08,001 --> 06:32:10,000 GIVE. 9140 06:32:10,001 --> 06:32:11,000 TO HIS CREDIT, ERIC HOLDER NEVER 9141 06:32:11,001 --> 06:32:12,000 GAVE THAT PLEDGE. 9142 06:32:12,001 --> 06:32:14,000 YOU CAN'T DO THAT BEFORE YOU 9143 06:32:14,001 --> 06:32:15,000 LOOK AT A CASE, BEFORE YOU EVEN 9144 06:32:15,001 --> 06:32:16,000 DECIDE WHETHER A CRIME IS 9145 06:32:16,001 --> 06:32:19,000 COMMITTED, YOU HAVE TO PLEDGE 9146 06:32:19,001 --> 06:32:21,000 NOT TO DO ANYTHING ABOUT IT. 9147 06:32:21,001 --> 06:32:22,000 IT'S KIND OF A DARK MARK ON THE 9148 06:32:22,001 --> 06:32:24,000 UNITED STATES SENATE WHEN YOU 9149 06:32:24,001 --> 06:32:26,000 HAVE ACTUALLY SENATORS SAYING I 9150 06:32:26,001 --> 06:32:29,000 WON'T VOTE FOR YOU UNLESS YOU 9151 06:32:29,001 --> 06:32:32,000 PROMISE YOU WON'T PROSECUTE 9152 06:32:32,001 --> 06:32:34,000 SOMEBODY. 9153 06:32:34,001 --> 06:32:36,000 IN ANY OTHER CONTEXT, THAT IN 9154 06:32:36,001 --> 06:32:38,000 ITSELF WOULD BE A CRIME. 9155 06:32:38,001 --> 06:32:39,000 PASSING A FAR-REACHING AMENDMENT 9156 06:32:39,001 --> 06:32:42,000 THAT TAKES AWAY A POWERFUL TOOL 9157 06:32:42,001 --> 06:32:43,000 FROM THE JUSTICE DEPARTMENT IN 9158 06:32:43,001 --> 06:32:45,000 BRINGING A TERRORIST TO JUSTICE 9159 06:32:45,001 --> 06:32:47,000 AND TAKES AWAY THE ATTORNEY 9160 06:32:47,001 --> 06:32:49,000 GENERAL'S CONSTITUTIONAL 9161 06:32:49,001 --> 06:32:51,000 RESPONSIBILITIES ISN'T THE PATH 9162 06:32:51,001 --> 06:32:52,000 FOR IT. 9163 06:32:52,001 --> 06:32:54,000 ANY ADMINISTRATION SHOULD BE 9164 06:32:54,001 --> 06:32:57,000 ABLE TO DECIDE WHO TO PROSECUTE 9165 06:32:57,001 --> 06:32:58,000 AND THEN WHERE THEY SHOULD BE 9166 06:32:58,001 --> 06:33:01,000 PROSECUTED. 9167 06:33:01,001 --> 06:33:02,000 THIS ADMINISTRATION OR PAST 9168 06:33:02,001 --> 06:33:05,000 ADMINISTRATIONS. 9169 06:33:05,001 --> 06:33:07,000 THE AMENDMENT DENIES THE BENEFIT 9170 06:33:07,001 --> 06:33:09,000 OF BEING -- OF USING NOT ONLY 9171 06:33:09,001 --> 06:33:11,000 OUR FEDERAL COURTS WHICH HAVE A 9172 06:33:11,001 --> 06:33:13,000 SUCCESSFUL TRACK RECORD 9173 06:33:13,001 --> 06:33:14,000 CONVICTED OF TERRORISTS. 9174 06:33:14,001 --> 06:33:15,000 THAT'S SOMETHING THEY KEEP IN MIND. 9175 06:33:15,001 --> 06:33:17,000 THEY HAVE DONE IT. 9176 06:33:17,001 --> 06:33:19,000 BUT ALSO FROM USING OUR FEDERAL 9177 06:33:19,001 --> 06:33:20,000 LAWS WHICH ARE ARGUABLY MORE 9178 06:33:20,001 --> 06:33:25,000 EXPANSIVE AND BETTER SUITED FOR 9179 06:33:25,001 --> 06:33:26,000 USE IN TERRORISM CASES WITH A 9180 06:33:26,001 --> 06:33:27,000 NARROWER SET OF CHARGES THAT 9181 06:33:27,001 --> 06:33:28,000 COULD BE BROUGHT IN A MILITARY 9182 06:33:28,001 --> 06:33:29,000 COMMISON. 9183 06:33:29,001 --> 06:33:32,000 DON'T TIE THE HANDS OF OUR LAW 9184 06:33:32,001 --> 06:33:33,000 ENFORCEMENT IN THEIR EFFORTS TO 9185 06:33:33,001 --> 06:33:35,000 SECURE OUR NATIONAL SECURITY. 9186 06:33:35,001 --> 06:33:38,000 I TRUST OUR LAW ENFORCEMENT TO 9187 06:33:38,001 --> 06:33:39,000 DO WHAT THEY NEED TO DO. 9188 06:33:39,001 --> 06:33:41,000 ANY FORMER PROSECUTOR, NOT JUST 9189 06:33:41,001 --> 06:33:44,000 THIS FORMER PROSECUTOR, BUT ANY 9190 06:33:44,001 --> 06:33:48,000 FORMER PROSECUTOR, ANY LAWYER, 9191 06:33:48,001 --> 06:33:49,000 ANY CITIZEN. 9192 06:33:49,001 --> 06:33:50,000 IT'S NOT THE DECION OR THE 9193 06:33:50,001 --> 06:33:52,000 APPROPRIATE ROL FOR THE UNITED 9194 06:33:52,001 --> 06:33:55,000 STATES SENATE TO TIE THE HANDS 9195 06:33:55,001 --> 06:33:57,000 OF LAW ENFORCEMENT THIS WAY. 9196 06:33:57,001 --> 06:33:59,000 IT'S TIME TO ACT ON OUR 9197 06:33:59,001 --> 06:34:00,000 PRINCIPLES AND OUR 9198 06:34:00,001 --> 06:34:02,000 CONSTITUTIONAL SYSTEM. 9199 06:34:02,001 --> 06:34:04,000 THOSE WHO WE BELIEVE TO BE 9200 06:34:04,001 --> 06:34:07,000 GUILTY OF HEINOUS CRIMES SHOULD 9201 06:34:07,001 --> 06:34:11,000 BE TRIED, AND THEN WHEN 9202 06:34:11,001 --> 06:34:12,000 CONVICTED, PUNISHED SEVERELY. 9203 06:34:12,001 --> 06:34:13,000 WHERE THE ADMINISTRATION HAS 9204 06:34:13,001 --> 06:34:15,000 DECIDED TO TRY THEM IN FEDERAL 9205 06:34:15,001 --> 06:34:18,000 COURTS, OUR COURTS, OUR PRISONS 9206 06:34:18,001 --> 06:34:19,000 ARE MORE THAN UP TO THE TASK. 9207 06:34:19,001 --> 06:34:20,000 I AGREE WITH THE JUSTICE 9208 06:34:20,001 --> 06:34:22,000 DEPARTMENT THIS AMENDME WOULD 9209 06:34:22,001 --> 06:34:25,000 ENSURE THAT THE ONLY INDIVIDUALS 9210 06:34:25,001 --> 06:34:27,000 IN THE WORLD WHO COULD NOT BE 9211 06:34:27,001 --> 06:34:29,000 PROSECUTED UNDER THE CRIMINAL 9212 06:34:29,001 --> 06:34:31,000 TERRORIST OFFENSES CONGRESS HAS 9213 06:34:31,001 --> 06:34:32,000 ENACTED WOULD BE THOSE WHO ARE 9214 06:34:32,001 --> 06:34:34,000 RESPONSIBLE FOR THE MOST 9215 06:34:34,001 --> 06:34:35,000 DEVASTATING TERRORIST ACTSN 9216 06:34:35,001 --> 06:34:37,000 U.S. HISTORY. 9217 06:34:37,001 --> 06:34:38,000 JUST THINK ABOUT THAT. 9218 06:34:38,001 --> 06:34:40,000 THIS AMENDMENT WOULD SAY THAT 9219 06:34:40,001 --> 06:34:43,000 THE ONLY PEOPLE IN THE WHOLE 9220 06:34:43,001 --> 06:34:45,000 WORLD WHO COULD NOT BE 9221 06:34:45,001 --> 06:34:46,000 PROSECUTED UNDER OUR CRIMINAL 9222 06:34:46,001 --> 06:34:50,000 TERRORIST OFFENSES ARE THE 9223 06:34:50,001 --> 06:34:52,000 PEOPLE WHO COMMITTED THE MOST 9224 06:34:52,001 --> 06:34:56,000 DEVASTATING TERRORIST ACTS 9225 06:34:56,001 --> 06:34:58,000 AGAINST US. 9226 06:34:58,001 --> 06:35:01,000 THAT'S ALICE IN WONDERLAND JUSTICE. 9227 06:35:01,001 --> 06:35:03,000 IT MAKES NO SENSE TO SAY THAT WE 9228 06:35:03,001 --> 06:35:06,000 HAVE THESE TOUGH TERRORIST LAWS, 9229 06:35:06,001 --> 06:35:09,000 WE HAVE THE BEST JUDICIAL SYSTEM 9230 06:35:09,001 --> 06:35:10,000 IN THE WORLD, BUT THOSE OF YOU 9231 06:35:10,001 --> 06:35:12,000 WHO COMMITTED THESE TERRORIST 9232 06:35:12,001 --> 06:35:14,000 ACTS AGAINST US, WE JUST SET 9233 06:35:14,001 --> 06:35:15,000 THEM ASIDE AND YOU CAN'T BE 9234 06:35:15,001 --> 06:35:18,000 TRIED THERE. 9235 06:35:18,001 --> 06:35:21,000 IT MAKES NO SENSE. 9236 06:35:21,001 --> 06:35:22,000 SO LET US PUT ASIDE HEATED AND 9237 06:35:22,001 --> 06:35:24,000 DISTORTED RHETORIC. 9238 06:35:24,001 --> 06:35:25,000 LET'S SUPPORT THE PRESIDENT, HIS 9239 06:35:25,001 --> 06:35:27,000 EFFORTS TO TRULY MAKE OUR 9240 06:35:27,001 --> 06:35:30,000 COUNTRY SAFE AND STRONG, BUT 9241 06:35:30,001 --> 06:35:34,000 ALSO A REPUBLIC WORTHY OF THE 9242 06:35:34,001 --> 06:35:36,000 HISTORY AND 9243 06:35:36,001 --> 06:35:46,000 MR. PRESIDENT, I YIELD THE 9244 06:35:46,001 --> 06:35:47,000 FLOOR. 9245 06:35:47,001 --> 06:35:49,000 MR. LEVIN: MADAM PRESIDENT? THE PRESIDING OFFICER: THE 9246 06:35:49,001 --> 06:35:51,000 SENATOR FROM MICHIGAN. 9247 06:35:51,001 --> 06:35:53,000 MR. LEVIN: MADAM PRESIDENT, I 9248 06:35:53,001 --> 06:35:54,000 VERY MUCH OPPOSE THE GRAHAM 9249 06:35:54,001 --> 06:35:58,000 AMENDMENT, AND I WANT TOAKE A 9250 06:35:58,001 --> 06:36:02,000 FEW MINUTES AND EXPLAIN WHY. 9251 06:36:02,001 --> 06:36:03,000 IT'S BEEN ARGUED THAT WE'RE AT 9252 06:36:03,001 --> 06:36:05,000 WAR, AND INDEED WE ARE. 9253 06:36:05,001 --> 06:36:06,000 I CAN'T THINK OF ANYTHING 9254 06:36:06,001 --> 06:36:08,000 CLEARER THAT ANY OF US UNDERSTAND IN THIS COUNTRY THAN 9255 06:36:08,001 --> 06:36:11,000 WE ARE AT WAR. 9256 06:36:11,001 --> 06:36:13,000 BEING AT WAR, IT TOTALLY 9257 06:36:13,001 --> 06:36:14,000 MYSTIFIES ME WHY WE WOULD DENY 9258 06:36:14,001 --> 06:36:17,000 OURSELVES ONE OF THE TOOLS THAT 9259 06:36:17,001 --> 06:36:19,000 WE CAN USE AGAINST PEOPLE WHO 9260 06:36:19,001 --> 06:36:21,000 ARE ATTACKING US, WHO HAVE 9261 06:36:21,001 --> 06:36:24,000 ATTACKED US, WHO WILL ATTACK US, 9262 06:36:24,001 --> 06:36:25,000 WHO WILL KILL US, WHO KILL 9263 06:36:25,001 --> 06:36:27,000 INNOCENT PEOPLE. 9264 06:36:27,001 --> 06:36:29,000 WHY WE WOULD DENY OURSELVES ONE 9265 06:36:29,001 --> 06:36:32,000 OF THE TOOLS WHICH ARE AVAILABLE 9266 06:36:32,001 --> 06:36:34,000 TO TRY THESE PEOPLE, TO LOCK 9267 06:36:34,001 --> 06:36:37,000 THEM UP 9268 06:36:37,001 --> 06:36:41,000 AWAY THE KEY, WHY WE WOULD BY 9269 06:36:41,001 --> 06:36:43,000 LAW SAY THAT THESE PARTICULAR 9270 06:36:43,001 --> 06:36:44,000 GROUP OF PEOPLE 9271 06:36:44,001 --> 06:36:48,000 IN A FEDERAL COURT, THEY CAN 9272 06:36:48,001 --> 06:36:49,000 ONLY BE TRIED IN A MILITARY 9273 06:36:49,001 --> 06:36:51,000 COMMISSION, WHEN WE HAVE TRIED 9274 06:36:51,001 --> 06:36:54,000 SO MANY TERRORISTS IN COURT, 9275 06:36:54,001 --> 06:36:57,000 CONVICTED THEM, EXECUTED THEM, 9276 06:36:57,001 --> 06:36:59,000 IS SOMETHING THAT I DO UNDERSTAND. 9277 06:36:59,001 --> 06:37:01,000 I BELIEVE WE OUGHT TO NOT ONLY 9278 06:37:01,001 --> 06:37:03,000 THROW THE BOOK AT THESE PEOPLE, 9279 06:37:03,001 --> 06:37:04,000 I THINK WE OUGHT TO THROW BOTH 9280 06:37:04,001 --> 06:37:07,000 BOOKS AT THESE PEOPLE. 9281 06:37:07,001 --> 06:37:08,000 WHY LIMIT OURSELVES TO ONE BOOK, 9282 06:37:08,001 --> 06:37:11,000 THE BOOK 9283 06:37:11,001 --> 06:37:13,000 PROCEDURES FOR MILITARY COMMISSIONS? 9284 06:37:13,001 --> 06:37:15,000 WHY WOULD WE DENY OURSELVES THE 9285 06:37:15,001 --> 06:37:18,000 OPPORTUNITY IF IT'S MORE 9286 06:37:18,001 --> 06:37:19,000 EFFECTIVE FOR WHATEVER REASONS 9287 06:37:19,001 --> 06:37:21,000 THE JUSTICE DEPARTMENT 9288 06:37:21,001 --> 06:37:24,000 DETERMINES TO BE MORE EFFECTIVE 9289 06:37:24,001 --> 06:37:25,000 TO PROSECUTE IN 9290 06:37:25,001 --> 06:37:27,000 WHY WOULD WE DENY THEM THAT? 9291 06:37:27,001 --> 06:37:30,000 FACT, UNDER THIS AMENDMENT, 9292 06:37:30,001 --> 06:37:33,000 THEY COULD NOT EVEN CONTINUE THE 9293 06:37:33,001 --> 06:37:34,000 PROSECUTION THAT THEY HAD BEGUN. 9294 06:37:34,001 --> 06:37:38,000 THE LANGUAGE OF T 9295 06:37:38,001 --> 06:37:39,000 SAYS EITHER TO COMMENCE OR 9296 06:37:39,001 --> 06:37:41,000 CONTINUE THE PROSECUTION IN AN 9297 06:37:41,001 --> 06:37:42,000 ARTICLE 3 COURT. 9298 06:37:42,001 --> 06:37:44,000 SO THE QUESTION ISN'T WHETHER 9299 06:37:44,001 --> 06:37:45,000 THESE ARE THE MOST DANGEROUS 9300 06:37:45,001 --> 06:37:47,000 PEOPLE AROUND. THEY ARE. 9301 06:37:47,001 --> 06:37:50,000 I ALSO WENT DOWN TO GUANTANAMO. 9302 06:37:50,001 --> 06:37:53,000 I WENT WITH SENATOR GRAHAM, AND 9303 06:37:53,001 --> 06:37:56,000 WE WATCHED THE PROCEEDING 9304 06:37:56,001 --> 06:37:58,000 AGAIT KHALID SHEIKH MUHAMMAD. 9305 06:37:58,001 --> 06:38:00,000 I WANT US TO USE ALL OF THE TOOLS. 9306 06:38:00,001 --> 06:38:01,000 I WANT THEM ALL TO BE AVAILABLE. 9307 06:38:01,001 --> 06:38:03,000 I WANT THE JUSTICE DEPARTMENT TO 9308 06:38:03,001 --> 06:38:07,000 BE ABLE TO DETERMINE WHICH IS 9309 06:38:07,001 --> 06:38:09,000 MORE 9310 06:38:09,001 --> 06:38:11,000 TO DECIDE IN A POLITICAL 9311 06:38:11,001 --> 06:38:13,000 SETTING, IN A LEGISLATIVE 9312 06:38:13,001 --> 06:38:15,000 SETTING THAT THEY CANNOT USE 9313 06:38:15,001 --> 06:38:18,000 OF THE TOOLS WHICH HAS BEEN 9314 06:38:18,001 --> 06:38:21,000 PROVEN TO BE EFFECTIVE AGAINST 9315 06:38:21,001 --> 06:38:23,000 DOZENS OF TERRORISTS. 9316 06:38:23,001 --> 06:38:24,000 NOW, WHAT ABOUT THE LAW OF WAR 9317 06:38:24,001 --> 06:38:26,000 WHAT ABOUT WAR CRIMES? 9318 06:38:26,001 --> 06:38:27,000 THE ARGUMENT IS THESE ARE WAR 9319 06:38:27,001 --> 06:38:29,000 CRIMES. 9320 06:38:29,001 --> 06:38:32,000 AS FAR AS I'M CONCERNED, THEY 9321 06:38:32,001 --> 06:38:34,000 ARE CRIMES, THEY ARE WAR CRIMES, BOTH. 9322 06:38:34,001 --> 06:38:38,000 WAR CRIMES CAN BE PROSECUTED IN 9323 06:38:38,001 --> 06:38:40,000 AN ARTICLE 9324 06:38:40,001 --> 06:38:42,000 NOW, LET ME REPEAT THAT BECAUSE 9325 06:38:42,001 --> 06:38:43,000 THE ARGUMENT HERE IS THESE ARE 9326 06:38:43,001 --> 06:38:45,000 WAR CRIMES. 9327 06:38:45,001 --> 06:38:47,000 WAR CRIMES CAN BE PROSECUTED IN 9328 06:38:47,001 --> 06:38:50,000 AN ARTICLE 3 COURT UNDER OUR 9329 06:38:50,001 --> 06:38:53,000 LAWS THAT WE'VE ADOPTED ABOUT 9330 06:38:53,001 --> 06:38:55,000 TEN OR 15 YEARS AGO. 9331 06:38:55,001 --> 06:38:58,000 SOCHA LID SHEIKH MUHAMMAD 9332 06:38:58,001 --> 06:39:00,000 NEEDS -- SOHALID SHEIKH 9333 06:39:00,001 --> 06:39:01,000 MUHAMMAD NEEDS TO BE GIVEN 9334 06:39:01,001 --> 06:39:04,000 JUSTICE, HE NEEDS TO BE DEALT 9335 06:39:04,001 --> 06:39:06,000 WITH AS STRONGLY AS WE POSSIBLY 9336 06:39:06,001 --> 06:39:08,000 CAN AND AS EFFECTIVELY AS WE POSSIBLY CAN. 9337 06:39:08,001 --> 06:39:10,000 HE WAS THE MASTERMIND, I 9338 06:39:10,001 --> 06:39:11,000 BELIEVE, OF 9/11, AND I DON'T 9339 06:39:11,001 --> 06:39:13,000 THINK THERE'S A MEMBER OF THIS 9340 06:39:13,001 --> 06:39:17,000 BODY THAT WOULD NOT WANT TO SEE 9341 06:39:17,001 --> 06:39:19,000 HIM DEALT WITH AS STRONGLY AS IS 9342 06:39:19,001 --> 06:39:21,000 POSSIBLY -- CAN BE POSSIBLY DONE. 9343 06:39:21,001 --> 06:39:22,000 I DON'T KNOW WHY WE WOULD TELL 9344 06:39:22,001 --> 06:39:25,000 THE JUSTICE DEPARTMENT THAT THEY 9345 06:39:25,001 --> 06:39:27,000 ONLY CAN CONSIDER ONE OF THE TWO 9346 06:39:27,001 --> 06:39:28,000 TOOLS THAT THEY COULD 9347 06:39:28,001 --> 06:39:29,000 AGAINST HIM. 9348 06:39:29,001 --> 06:39:31,000 THEY ONLY CAN CONSIDER THE 9349 06:39:31,001 --> 06:39:32,000 MILITARY COMMISSIONS. 9350 06:39:32,001 --> 06:39:34,000 9351 06:39:34,001 --> 06:39:35,000 THEY CAN'T CONSIDER ARTICLE 3 9352 06:39:35,001 --> 06:39:37,000 COURTS. 9353 06:39:37,001 --> 06:39:39,000 NOW, I HAVE BEEN DEEPLY INVOLVED 9354 06:39:39,001 --> 06:39:40,000 IN REWRITING THE MILITARY 9355 06:39:40,001 --> 06:39:42,000 COMMISSIONS LAW. 9356 06:39:42,001 --> 06:39:44,000 THAT LAW WHEN WE FIRST WROTE I 9357 06:39:44,001 --> 06:39:46,000 WAS DEFECTIVE AND I ARGUED 9358 06:39:46,001 --> 06:39:49,000 DEFECTIVE. 9359 06:39:49,001 --> 06:39:51,000 THIS BODY ADOPTED IT. 9360 06:39:51,001 --> 06:39:53,000 THAT'S THE WAY THINGS WORK. 9361 06:39:53,001 --> 06:39:54,000 THE MAJORITY DECIDED TO GO WITH 9362 06:39:54,001 --> 06:39:58,000 IT. 9363 06:39:58,001 --> 06:40:00,000 IT WAS NOT USABLE. 9364 06:40:00,001 --> 06:40:03,000 AND SO WE TOOK A MAJOR STEP IN 9365 06:40:03,001 --> 06:40:05,000 THE LAST FEW MONTHS TO REVISE 9366 06:40:05,001 --> 06:40:09,000 THE MILITARY COMMISSIONS LAW, 9367 06:40:09,001 --> 06:40:11,000 AND I LED THAT OR 9368 06:40:11,001 --> 06:40:13,000 THAT EFFORT, AND I KNOW HOW 9369 06:40:13,001 --> 06:40:15,000 IMPORTANT IT IS, BUT IT WAS 9370 06:40:15,001 --> 06:40:19,000 NEVER OUR INTENT TO MAKE THAT 9371 06:40:19,001 --> 06:40:22,000 THE EXCLUSIVE REMEDY FOR PEOPLE 9372 06:40:22,001 --> 06:40:25,000 WHO WOULD ATTACK US OR ATTACK THIS COUNTRY. 9373 06:40:25,001 --> 06:40:27,000 WE WANT THAT REMEDY TO BE 9374 06:40:27,001 --> 06:40:30,000 AVAILABLE IF THAT IS THE MOST 9375 06:40:30,001 --> 06:40:31,000 EFFECTIVE REMEDY, BUT THERE IS 9376 06:40:31,001 --> 06:40:33,000 NOTHING IN THAT LAW THAT WE 9377 06:40:33,001 --> 06:40:37,000 WROTE OR INTENDED THAT SAID THAT 9378 06:40:37,001 --> 06:40:40,000 THIS WOULD DISPLACE ARTICLE 3 9379 06:40:40,001 --> 06:40:43,000 COURTS IF THE JUSTICE D 9380 06:40:43,001 --> 06:40:47,000 DECIDED THAT THE MOST EFFECTIVE 9381 06:40:47,001 --> 06:40:49,000 PLACE TO TRY AN ALLEGED 9382 06:40:49,001 --> 06:40:52,000 TERRORIST WAS AN ARTICLE 3 COURT. 9383 06:40:52,001 --> 06:40:53,000 ARE 9384 06:40:53,001 --> 06:40:56,000 ARE WE GOING TO ACTUALLY BE ON 9385 06:40:56,001 --> 06:40:57,000 THE FLOOR OF THE U.S. SENATE AND 9386 06:40:57,001 --> 06:40:59,000 WE'RE GOING TO DECIDE WHICH 9387 06:40:59,001 --> 06:41:00,000 TERR 9388 06:41:00,001 --> 06:41:01,000 ARTICLE 3 COURTS AND WHICH ONE 9389 06:41:01,001 --> 06:41:02,000 SHOULD BE TRIED IN MILITARY 9390 06:41:02,001 --> 06:41:05,000 COMMISSIONS COURT? 9391 06:41:05,001 --> 06:41:07,000 WHY WOULD WE TIE THE HANDS OF 9392 06:41:07,001 --> 06:41:08,000 THE JU 9393 06:41:08,001 --> 06:41:09,000 WAY? 9394 06:41:09,001 --> 06:41:11,000 I KNOW THAT SENATOR GRAHAM FEELS 9395 06:41:11,001 --> 06:41:13,000 VERY STRONGLY THAT THESE SHOULD 9396 06:41:13,001 --> 06:41:15,000 BE TRIED IN FRONT OF MILITARY 9397 06:41:15,001 --> 06:41:16,000 COMMISSIONS, AND IF HE WERE THE 9398 06:41:16,001 --> 06:41:18,000 JUSTICE DEPARTMENT OR IF HE WERE 9399 06:41:18,001 --> 06:41:19,000 THE ATTORNEY GENERAL, HE MAY 9400 06:41:19,001 --> 06:41:21,000 MAKE THAT DECISION, ASSUMING HE 9401 06:41:21,001 --> 06:41:22,000 KNOWS ALL OF T FACTS THAT GO 9402 06:41:22,001 --> 06:41:24,000 INTO THE DECISION. 9403 06:41:24,001 --> 06:41:26,000 HE MAY MAKE THAT DECISION, AND 9404 06:41:26,001 --> 06:41:27,000 HE COULD STRONGLY RECOMMEND IT 9405 06:41:27,001 --> 06:41:30,000 TO THE JUSTICE DEPARTMENT. 9406 06:41:30,001 --> 06:41:33,000 BUT WHY HE WOULD WANT OR WE 9407 06:41:33,001 --> 06:41:35,000 WOULD DECIDE TO DISPLACE THE 9408 06:41:35,001 --> 06:41:38,000 DISCRETION OF THE JUSTICE 9409 06:41:38,001 --> 06:41:40,000 DEPARTMENT IS A MYSTERY TO ME. 9410 06:41:40,001 --> 06:41:41,000 I FIND 9411 06:41:41,001 --> 06:41:44,000 MORE IMPORTANTLY, THE ATTORNEY 9412 06:41:44,001 --> 06:41:46,000 GENERAL AND THE SECRETARY OF 9413 06:41:46,001 --> 06:41:49,000 DEFENSE FIND IT UNACCEPTABLE. 9414 06:41:49,001 --> 06:41:50,000 THEY HAVE URGED US NOT TO DO 9415 06:41:50,001 --> 06:41:54,000 THIS. 9416 06:41:54,001 --> 06:41:55,000 THEY HAVE WRITTEN OUR LEADERS, 9417 06:41:55,001 --> 06:41:56,000 SENATOR REID, SENATOR 9418 06:41:56,001 --> 06:41:58,000 McNNELL, OPPOSING THE GRAHAM AMENDMENT. 9419 06:41:58,001 --> 06:42:00,000 THEY SAY HERE IN THEIR LETTER 9420 06:42:00,001 --> 06:42:04,000 THAT THERE IS A JOINT 9421 06:42:04,001 --> 06:42:05,000 PROSECUTION PROTOCOL THAT THE 9422 06:42:05,001 --> 06:42:07,000 DEPARTMENTS ARE CURRENTLY 9423 06:42:07,001 --> 06:42:09,000 ENGAGED IN A CAREFUL CASE BY 9424 06:42:09,001 --> 06:42:10,000 CASE EVALUATION OF THE CASES OF 9425 06:42:10,001 --> 06:42:13,000 THE GUANTANAMO DETAINEES WHO 9426 06:42:13,001 --> 06:42:14,000 HAVE BEEN REFERRED FOR POSSIBLE 9427 06:42:14,001 --> 06:42:16,000 PROSECUTION TO DETERMINE WHETHER 9428 06:42:16,001 --> 06:42:20,000 THEY SHOULD BE PROSECUTED IN AN 9429 06:42:20,001 --> 06:42:23,000 ARTICLE 3 COURT OR BY MILITARY COMMISSION. 9430 06:42:23,001 --> 06:42:25,000 WE ARE CONFIDENT, THEY SAY, THAT 9431 06:42:25,001 --> 06:42:27,000 THE FORUM SELECTION DECISIONS 9432 06:42:27,001 --> 06:42:29,000 THAT ARE MADE PURSUANT TO THAT 9433 06:42:29,001 --> 06:42:32,000 PROCESS WILL BEST SERVE OUR 9434 06:42:32,001 --> 06:42:33,000 NATIONAL SECURITY INTERESTS. NOW, THAT'S THE ATTORNEY GENERAL 9435 06:42:33,001 --> 06:42:34,000 OF THE UNITED STATES AND THE 9436 06:42:34,001 --> 06:42:37,000 SECRETARY OF DEFENSE. 9437 06:42:37,001 --> 06:42:38,000 CAN WE TRULY HERE SAY THAT WE 9438 06:42:38,001 --> 06:42:40,000 ARE GOING TO DISPLACE THAT 9439 06:42:40,001 --> 06:42:43,000 PROCESS WHICH WILL DETERMINE 9440 06:42:43,001 --> 06:42:46,000 WHAT IS THE MOST EFFECTIVE WAY 9441 06:42:46,001 --> 06:42:48,000 TO PROSECUTE TSE PEOPLE? 9442 06:42:48,001 --> 06:42:49,000 CAN WE AND SHOULD WE DO THAT? 9443 06:42:49,001 --> 06:42:53,000 I HOPE NOT. 9444 06:42:53,001 --> 06:42:55,000 IN THE END, BY SAYING THE 9445 06:42:55,001 --> 06:42:56,000 FOLLOWING IN THEIR LETTER -- AND 9446 06:42:56,001 --> 06:42:59,000 THEY END BY SAYING THE FOLLOWING 9447 06:42:59,001 --> 06:43:02,000 IN THEIR LETTER OF OCTOBER 30 -- 9448 06:43:02,001 --> 06:43:03,000 "THE EXERCISE OF PROSECUTORIAL 9449 06:43:03,001 --> 06:43:05,000 FUNCTION SHOULD BE AND ALWAYS 9450 06:43:05,001 --> 06:43:07,000 REMAIN A PROSECUTORIAL FUNCTION. 9451 06:43:07,001 --> 06:43:08,000 WE MUST BE IN A POSITION TO USE 9452 06:43:08,001 --> 06:43:11,000 EVERY LAWFUL INSTRUMENT OF 9453 06:43:11,001 --> 06:43:13,000 NATIONAL POWER, INCLUDING BOTH 9454 06:43:13,001 --> 06:43:15,000 COURTS AND MILITARY COMMISSIONS 9455 06:43:15,001 --> 06:43:17,000 TO ENSURE THAT TERRORISTS ARE 9456 06:43:17,001 --> 06:43:24,000 BROUGHT TO ENOUGH AND CAN NO 9457 06:43:24,001 --> 06:43:25,000 LONGER THREATEN AMERICAN LIVES." 9458 06:43:25,001 --> 06:43:26,000 IF WE ADOPT THE GRAHAM 9459 06:43:26,001 --> 06:43:28,000 AMENDMENT, WE'RE SAYING NO, 9460 06:43:28,001 --> 06:43:29,000 WE'RE ONLY GOING TO USE ONE 9461 06:43:29,001 --> 06:43:31,000 INSTRUMENT OF NATIONAL POWER. 9462 06:43:31,001 --> 06:43:33,000 WE'RE NOT GOING TO CONSIDER BOTH 9463 06:43:33,001 --> 06:43:36,000 INSTRUMENTS OF NATIONAL POWER. 9464 06:43:36,001 --> 06:43:38,000 AND THAT IS TRULY NOT ONLY 9465 06:43:38,001 --> 06:43:39,000 LIMITING OUR OPTIONS, BUT TYING 9466 06:43:39,001 --> 06:43:43,000 ONE OF OUR HANDS BEHIND OUR BACK 9467 06:43:43,001 --> 06:43:44,000 IN THE ESSENTIAL PROSECUTION OF 9468 06:43:44,001 --> 06:43:48,000 THESE PEOPLE. 9469 06:43:48,001 --> 06:43:51,000 MADAM 9470 06:43:51,001 --> 06:43:52,000 MOUSSAOUI, THE SO-CALLED 20th 9471 06:43:52,001 --> 06:43:56,000 HIJACKER, WAS CONVICTED IN 9472 06:43:56,001 --> 06:43:59,000 FEDERAL COURT IN MAY OF 2006 FOR 9473 06:43:59,001 --> 06:44:01,000 CONSPIRING TO HIJACK THE 9474 06:44:01,001 --> 06:44:02,000 AIRCRAFT AND CRASH THEM INTO THE 9475 06:44:02,001 --> 06:44:06,000 WORLD TRADE CENTER. 9476 06:44:06,001 --> 06:44:09,000 HE WAS QUOTED BY SENATOR GRAHAM 9477 06:44:09,001 --> 06:44:12,000 AS SAYING THAT WE'RE AT WAR WITH 9478 06:44:12,001 --> 06:44:14,000 YOU PEOPLE, AND I DON'T HAVE THE 9479 06:44:14,001 --> 06:44:15,000 SLIG 9480 06:44:15,001 --> 06:44:17,000 IT, AND IF HE WERE EVER 9481 06:44:17,001 --> 06:44:18,000 RELEASED, HE WOULD GO BACK TO 9482 06:44:18,001 --> 06:44:21,000 WAR, BUT I ALSO HAVE NO DOUBT 9483 06:44:21,001 --> 06:44:24,000 ABOUT SOMETHING ELSE -- HE WAS 9484 06:44:24,001 --> 06:44:27,000 SAYING THAT IN A FEDERAL COURT 9485 06:44:27,001 --> 06:44:29,000 AFTER BEING CONVICTED IN A 9486 06:44:29,001 --> 06:44:33,000 FEDERAL COURT OF THE TERRORIST 9487 06:44:33,001 --> 06:44:37,000 ACTS THAT HE PERPETRATED. 9488 06:44:37,001 --> 06:44:39,000 HE IS NOW IN A SUPERMAX FACILITY 9489 06:44:39,001 --> 06:44:40,000 IN FLORENCE, COLORADO. 9490 06:44:40,001 --> 06:44:41,000 HE'S SERVING LIFE IMPRISONMENT 9491 06:44:41,001 --> 06:44:42,000 WITHOUT PAROLE. 9492 06:44:42,001 --> 06:44:47,000 IF THE GRAHAM AMENDMENT HAD BEEN 9493 06:44:47,001 --> 06:44:51,000 IN PLACE AT THE TIME 9494 06:44:51,001 --> 06:44:52,000 MOUSSAOUI WAS BEING PROSECUTED 9495 06:44:52,001 --> 06:44:53,000 -- INDEED, IF THE GRAHAM 9496 06:44:53,001 --> 06:44:55,000 AMENDMENT HAD COME IN THE MIDDLE 9497 06:44:55,001 --> 06:44:56,000 OF THAT PROSECUTION, THE 9498 06:44:56,001 --> 06:45:00,000 PROSECUTION WOULD HAVE HAD TO 9499 06:45:00,001 --> 06:45:02,000 HAVE BEEN SUSPENDED. 9500 06:45:02,001 --> 06:45:04,000 NOW, THIS AMENDMENT, IF IT IS 9501 06:45:04,001 --> 06:45:07,000 ADOPTED, IS GOING TO MAKE IT 9502 06:45:07,001 --> 06:45:10,000 MORE DIFFICULT TO BRING SOME OF 9503 06:45:10,001 --> 06:45:12,000 THE 9/11 TERRORISTS TO JUSTICE. 9504 06:45:12,001 --> 06:45:16,000 LET ME SHARE SOME OF THE REASONS 9505 06:45:16,001 --> 06:45:18,000 WHY THIS POSSIBILITY EXISTS. 9506 06:45:18,001 --> 06:45:21,000 A COURT COULD DECIDE THAT ONE OF 9507 06:45:21,001 --> 06:45:27,000 THE 9/11 DETAINEES DOES NOT MEET 9508 06:45:27,001 --> 06:45:30,000 THE TEST UNDER THE MILITARY 9509 06:45:30,001 --> 06:45:31,000 COMMISSION'S LAW OF BEING AN 9510 06:45:31,001 --> 06:45:33,000 UNPRIVILEGED ENEMY BELLIGERENT. 9511 06:45:33,001 --> 06:45:36,000 IN PARTICULAR, A COURT COULD 9512 06:45:36,001 --> 06:45:37,000 DECIDE THAT ONE OF THE 9/11 9513 06:45:37,001 --> 06:45:40,000 TERRORISTS -- ALLEGED TERRORISTS 9514 06:45:40,001 --> 06:45:42,000 -- DID NOT PARTICIPATE IN AN 9515 06:45:42,001 --> 06:45:44,000 HOSTILITY AND, THEREFORE, WAS 9516 06:45:44,001 --> 06:45:45,000 NOT SUBJECT -- A BELLIGERENT 9517 06:45:45,001 --> 06:45:47,000 SUBJECT TO THE LAWS OF WAR. 9518 06:45:47,001 --> 06:45:49,000 AND SO WE'RE SAYING TO THE 9519 06:45:49,001 --> 06:45:50,000 JUSTICE PARTMENT, IF YOU SEE 9520 06:45:50,001 --> 06:45:53,000 THAT POSSIBILITY THAT SOMEONE 9521 06:45:53,001 --> 06:45:55,000 COULD BE LET OUT OR SOMEBODY 9522 06:45:55,001 --> 06:45:58,000 COULD BE FOUND NOT G 9523 06:45:58,001 --> 06:46:00,000 ON THAT KIND OF A TECHNICALITY, 9524 06:46:00,001 --> 06:46:03,000 WE'RE NOT GOING TO LET YOU GO 9525 06:46:03,001 --> 06:46:04,000 AND TRY THAT PERSONA FEDERAL 9526 06:46:04,001 --> 06:46:10,000 COURT. 9527 06:46:10,001 --> 06:46:13,000 YOU MUST TRY THAT 9528 06:46:13,001 --> 06:46:14,000 TECHNICALITY. 9529 06:46:14,001 --> 06:46:15,000 WHY DO WE WANT TO DO THAT? 9530 06:46:15,001 --> 06:46:17,000 HOW CAN WE 9531 06:46:17,001 --> 06:46:19,000 REACH JUDGMENT ON ALL OF THE 9532 06:46:19,001 --> 06:46:21,000 POSSIBLE FACTUAL SITUATIONS 9533 06:46:21,001 --> 06:46:23,000 WHICH MIGHT ALLOW ONE OF THESE 9534 06:46:23,001 --> 06:46:25,000 PEOPLE TO ESCAPE JUSTICE? 9535 06:46:25,001 --> 06:46:27,000 WE CAN'T DO THAT. 9536 06:46:27,001 --> 06:46:28,000 THAT'S WHAT PROSECUTORS ARE FOR. 9537 06:46:28,001 --> 06:46:31,000 THAT'S WHAT A JUSTICE DEPARTMENT IS FOR. 9538 06:46:31,001 --> 06:46:33,000 WE SHOULD BE GIVING THEM TOOLS, 9539 06:46:33,001 --> 06:46:35,000 NOT DENYING THEM TOOLS. 9540 06:46:35,001 --> 06:46:39,000 WE SHOULD BE HANDING THEM EVERY 9541 06:46:39,001 --> 06:46:40,000 POSSIBLE TOOL WE CAN GIVE THEM 9542 06:46:40,001 --> 06:46:41,000 TO PROSECUTE THESE PEOPLE 9543 06:46:41,001 --> 06:46:43,000 INSTEAD OF SAYING, YOU CAN'T USE 9544 06:46:43,001 --> 06:46:44,000 THIS TOOL OR YOU CAN'T USE THAT 9545 06:46:44,001 --> 06:46:46,000 TOOL. 9546 06:46:46,001 --> 06:46:48,000 A COURT COULD DECIDE THAT THE 9547 06:46:48,001 --> 06:46:53,000 CRIMES COMMITTED BY ONE OF THE 9548 06:46:53,001 --> 06:46:54,000 9/11 DETAINEES IS NOT JUST 9549 06:46:54,001 --> 06:46:55,000 TICI UNDER THE MILITARY 9550 06:46:55,001 --> 06:46:56,000 COMMISSIONS ACT. 9551 06:46:56,001 --> 06:46:59,000 THEREFORE, WE'RE GOING TO SAY, 9552 06:46:59,001 --> 06:47:05,000 YOU GOT TO PROSECUTE THEM THERE 9553 06:47:05,001 --> 06:47:07,000 ANYWAY. 9554 06:47:07,001 --> 06:47:10,000 UNDER THE MILITARY COMMISSIONS 9555 06:47:10,001 --> 06:47:11,000 ACT CANNOT BE RETROACTIVELY 9556 06:47:11,001 --> 06:47:12,000 APPLIED TO AN OFFENSE. 9557 06:47:12,001 --> 06:47:15,000 IT TOOK PLACE BEFORE THE 9558 06:47:15,001 --> 06:47:19,000 ENACTMENT OF THE ACT. 9559 06:47:19,001 --> 06:47:22,000 IN OUR LANGUAGE, THEY CAN BE 9560 06:47:22,001 --> 06:47:24,000 TRIED, EVEN THOUGH IT IS A 9561 06:47:24,001 --> 06:47:26,000 RETROACTIVE APPLICATION. 9562 06:47:26,001 --> 06:47:27,000 WHAT HAPPENS IF THAT OCCURS AND 9563 06:47:27,001 --> 06:47:30,000 THEN A COURT COMES ALONG AND 9564 06:47:30,001 --> 06:47:31,000 SAYS- A COURT OF APPEALS 9565 06:47:31,001 --> 06:47:34,000 FOLLOWING A MILITARY COMMISSION 9566 06:47:34,001 --> 06:47:36,000 SAYS, NO, YOU CAN'T DO THAT? 9567 06:47:36,001 --> 06:47:38,000 WHY WOULD WE NOT WANT THE 9568 06:47:38,001 --> 06:47:41,000 JUSTICE DEPARTMENT TO BE 9569 06:47:41,001 --> 06:47:44,000 WEIGH ALL OF THESE POSSIBLE 9570 06:47:44,001 --> 06:47:45,000 ESCAPE LOOPHOLES THAT A 9571 06:47:45,001 --> 06:47:47,000 DEFENDANT COULD USE AND DECIDE 9572 06:47:47,001 --> 06:47:50,000 THAT THEY'VE GOT A BETTER CHANCE 9573 06:47:50,001 --> 06:47:52,000 OF CONVICTING SOMEBODY AND 9574 06:47:52,001 --> 06:47:54,000 MAKING THAT CONVICTION STICK IF 9575 06:47:54,001 --> 06:47:57,000 THEY PROCEED IN AN ARTICLE 3 9576 06:47:57,001 --> 06:47:58,000 COURT? 9577 06:47:58,001 --> 06:48:00,000 AND MAYBE THE PROCEDURAL RIGHTS 9578 06:48:00,001 --> 06:48:01,000 WHICH WE HAVE WRITTEN IN OUR 9579 06:48:01,001 --> 06:48:04,000 MILITARY COMMISSIONS ACT, WHICH 9580 06:48:04,001 --> 06:48:05,000 IS NOWAW, MAYBE A COURT WILL 9581 06:48:05,001 --> 06:48:06,000 DETERMINE THEY ARE NOT ADEQUATE. 9582 06:48:06,001 --> 06:48:08,000 MAYBE THEY'LL THROW OUT THE 9583 06:48:08,001 --> 06:48:10,000 ENTIRE PROCESS, DESPITE OUR BEST 9584 06:48:10,001 --> 06:48:14,000 EFFORTS TO CORRECT WHAT WE 9585 06:48:14,001 --> 06:48:16,000 PREVIOUSLY 9586 06:48:16,001 --> 06:48:19,000 WE SHOUL NOT PRESUME THE 9587 06:48:19,001 --> 06:48:21,000 OUTCOME OF THE JUDICIAL PROCESS 9588 06:48:21,001 --> 06:48:24,000 AND THR 9589 06:48:24,001 --> 06:48:26,000 MAY BE NEEDED TO BRING THE 9/11 9590 06:48:26,001 --> 06:48:28,000 TERRORISTS TO JUSTICE. 9591 06:48:28,001 --> 06:48:29,000 WE SHOULD NOT BE TYIN 9592 06:48:29,001 --> 06:48:32,000 OF OUR PROSECUTORS AGAINST THESE 9593 06:48:32,001 --> 06:48:33,000 PEOPLE. 9594 06:48:33,001 --> 06:48:35,000 PROSECUTORIAL DISCRETION IS ONE 9595 06:48:35,001 --> 06:48:37,000 OF THE CORNERSTONES OF THE 9596 06:48:37,001 --> 06:48:40,000 AMERICAN JUDICIAL SYSTEM. 9597 06:48:40,001 --> 06:48:41,000 IT IS WRONG FOR US TO BE 9598 06:48:41,001 --> 06:48:44,000 LIMITING THAT DISCRETION BY 9599 06:48:44,001 --> 06:48:46,000 DIRECTING CASES TO A PARTICULAR FORUM. 9600 06:48:46,001 --> 06:48:49,000 IT DENIES OUR PROSECUTORS THE 9601 06:48:49,001 --> 06:48:52,000 ABILITY TO CHOOSE THE FORUM THAT 9602 06:48:52,001 --> 06:48:55,000 IS BEST SUITED TO A 9603 06:48:55,001 --> 06:48:56,000 OUTCOME IN THE CASE. 9604 06:48:56,001 --> 06:48:58,000 THE MECHANISM OF CUTTING OFF 9605 06:48:58,001 --> 06:49:01,000 FUNDS FOR A PROSECUTION -- WHICH 9606 06:49:01,001 --> 06:49:04,000 IS WHAT THIS AMENDMENT DOES -- 9607 06:49:04,001 --> 06:49:06,000 BECAUSEONGRESS BELIEVES THAT A 9608 06:49:06,001 --> 06:49:09,000 PROSECUTION SHOULD TAKE PLACE IN 9609 06:49:09,001 --> 06:49:10,000 ONE FORUM OR ANOTHER WOULD SET A 9610 06:49:10,001 --> 06:49:11,000 TERRIBLE PRECEDENT. 9611 06:49:11,001 --> 06:49:14,000 WE SHOULD NOT BE INTERVENING IN 9612 06:49:14,001 --> 06:49:16,000 THAT KIND OF DECISIONS THROUGH 9613 06:49:16,001 --> 06:49:18,000 THE APPROPRIATIONS ACT. 9614 06:49:18,001 --> 06:49:20,000 SO THE DETERMINATION OF THE 9615 06:49:20,001 --> 06:49:22,000 PROPER FORUM FOR THE TRIAL OF 9616 06:49:22,001 --> 06:49:24,000 9/11 TERRORISTS SHOULD BE MADE 9617 06:49:24,001 --> 06:49:25,000 BY THE PROFESSIONAL PROSECUTORS, 9618 06:49:25,001 --> 06:49:28,000 BASED ON THE CIRCUMSTANCES OF 9619 06:49:28,001 --> 06:49:31,000 THE CASE A 9620 06:49:31,001 --> 06:49:36,000 TO WHERE IS 9621 06:49:36,001 --> 06:49:39,000 GAIN A SUCCESSFUL PROSECUTION. 9622 06:49:39,001 --> 06:49:42,000 THESE CASES -- WE SHOULD NOT 9623 06:49:42,001 --> 06:49:44,000 DECIDE WHERE THESE CASES ARE 9624 06:49:44,001 --> 06:49:45,000 I DON'T BELIEVE WE SHOULD 9625 06:49:45,001 --> 06:49:47,000 PRESUME THAT THEY'LL BE TRIED IN 9626 06:49:47,001 --> 06:49:51,000 ONE PLACE OR ANOTHER. 9627 06:49:51,001 --> 06:49:52,000 THERE IS A PROCESS UNDERWAY, 9628 06:49:52,001 --> 06:49:54,000 INCLUDING BOTH DEFENSE 9629 06:49:54,001 --> 06:49:55,000 DEPARTMENT AND THE JUSTICE 9630 06:49:55,001 --> 06:49:59,000 DEPARTMENT TO MAKE A 9631 06:49:59,001 --> 06:50:03,000 BE THE MOST EFFECTIVE PLACE TO 9632 06:50:03,001 --> 06:50:07,000 TRY THESE TERRORISTS. 9633 06:50:07,001 --> 06:50:08,000 AND SO, THAT IS THE APPROPRIATE 9634 06:50:08,001 --> 06:50:12,000 PROCESS, AND WE OUGHT TO LET IT 9635 06:50:12,001 --> 06:50:15,000 CONTINUE WITHOUT THIS 9636 06:50:15,001 --> 06:50:16,000 INTERVENTI BY THE SENATE. 9637 06:50:16,001 --> 06:50:17,000 I YIELD THE FLOOR AND NOTE THE 9638 06:50:17,001 --> 06:50:21,000 ABSENCE OF A QUORUM. THE PRESIDING OFFICER: THE 9639 06:50:21,001 --> 06:50:32,000 CLERK WILL CALL THE ROLL. 9640 06:50:32,001 --> 06:50:33,000 QUORUM CALL: 9641 06:50:33,001 --> 06:50:34,000 THE PRESIDING OFFICER: THE SENATOR FROM MICHIGAN. 9642 06:50:34,001 --> 06:50:35,000 MR. LEVIN: MADAM PRESIDENT, I 9643 06:50:35,001 --> 06:50:36,000 WOULD ASK FURTHER PROCEEDIN 9644 06:50:36,001 --> 06:50:37,000 UNDER THE QUORUM CALL BE 9645 06:50:37,001 --> 06:50:38,000 DISPENSED WITH. THE PRESIDING OFFICER: WITHOUT 9646 06:50:38,001 --> 06:50:39,000 OBJECTION. 9647 06:50:39,001 --> 06:50:40,000 MR. LEVIN: AND I WOULD ASK 9648 06:50:40,001 --> 06:50:43,000 UNANIMOUS CONSE 9649 06:50:43,001 --> 06:50:45,000 PRESIDENT, THAT THE LETTER FROM 9650 06:50:45,001 --> 06:50:47,000 THE ATTORNEY GENERAL AND THE 9651 06:50:47,001 --> 06:50:49,000 SECRETARY OF DEFENSE TO SENATORS 9652 06:50:49,001 --> 06:50:50,000 REID AND McCONNELL BE INSERTED 9653 06:50:50,001 --> 06:50:51,000 IN THE RECORD AT THE END OF THE 9654 06:50:51,001 --> 06:50:52,000 MY STATEMENT. 9655 06:50:52,001 --> 06:50:53,000 THE PRESIDING OFFICER: WITHOUT OBJECTION, SO ORDERED. 9656 06:50:53,001 --> 06:50:54,000 MR. LEVIN: I NOW NOTE 9657 06:50:54,001 --> 06:50:55,000 ABSENCE OF A QUORUM. 9658 06:50:55,001 --> 06:50:59,000 THE PRESIDING 9659 06:50:59,001 --> 06:52:39,000 CLERK WILL CALL THE ROLL. 9660 06:52:39,001 --> 06:52:40,000 QUORUM CALL: 9661 06:52:40,001 --> 06:52:41,000 MR. McCONNELL: MR. PRESIDENT? 9662 06:52:41,001 --> 06:52:42,000 THE PRESIDING OFFICER: THE 9663 06:52:42,001 --> 06:52:45,000 MINORITY MR. McCONNELL: I ASK UNANIMOUS 9664 06:52:45,001 --> 06:52:46,000 CONSENT THAT 9665 06:52:46,001 --> 06:52:47,000 UNDER THE QUORUMMING DISPENSED 9666 06:52:47,001 --> 06:52:49,000 WITH. THE PRESIDING OFFICER: WITHOUT 9667 06:52:49,001 --> 06:52:50,000 OBJECTION. 9668 06:52:50,001 --> 06:52:52,000 MR. McCONNELL: MADAM 9669 06:52:52,001 --> 06:52:53,000 PRESIDENT, MOST AMERICANS 9670 06:52:53,001 --> 06:52:55,000 RECOGNIZE THAT OUR CONTINUED 9671 06:52:55,001 --> 06:52:57,000 SUCCESS IN PREVENTING ANOTHER 9672 06:52:57,001 --> 06:52:59,000 TERRORIST ATTACK ON U.S. SOIL 9673 06:52:59,001 --> 06:53:02,000 DEPENDS ON OUR ABILITY AS A 9674 06:53:02,001 --> 06:53:04,000 NATION TO REMAIN VIGILANT AND CLEAREYED ABOUT THE NATURE OF 9675 06:53:04,001 --> 06:53:05,000 THE THREATS WE FACE AT HOME AND 9676 06:53:05,001 --> 06:53:08,000 ABROAD. 9677 06:53:08,001 --> 06:53:09,000 SOME THREATS COME IN THE FORM O 9678 06:53:09,001 --> 06:53:10,000 TERRORIST CELLS IN DISTANT 9679 06:53:10,001 --> 06:53:12,000 COUNTRIES. 9680 06:53:12,001 --> 06:53:14,000 OTHERS COME FROM PEOPLE PLOTTING 9681 06:53:14,001 --> 06:53:16,000 ATTACKS WITHIN OUR OWN BORDERS. 9682 06:53:16,001 --> 06:53:18,000 AND STILL OTHERS CAN COME FROM A 9683 06:53:18,001 --> 06:53:19,000 FAILURE TO RECOGNIZE THE 9684 06:53:19,001 --> 06:53:22,000 DISTINCTION BETWEEN EVERYDAY 9685 06:53:22,001 --> 06:53:24,000 CRIMES AND WAR CRIMES. 9686 06:53:24,001 --> 06:53:25,000 THIS LAST CATEGORY OF THREAT IS 9687 06:53:25,001 --> 06:53:26,000 EXTREMELY SERIOUS BUT SOMETIMES 9688 06:53:26,001 --> 06:53:28,000 OVERLOOKED. 9689 06:53:28,001 --> 06:53:31,000 AND THAT'S WHY SENATORS GRAHAM, 9690 06:53:31,001 --> 06:53:34,000 LIEBERMAN AND McCAIN HAVE 9691 06:53:34,001 --> 06:53:35,000 OFFERED AN AMENDMENT TO THE 9692 06:53:35,001 --> 06:53:36,000 COMMERCE-JUSTICE-SCIENCE 9693 06:53:36,001 --> 06:53:37,000 APPROPRIATIONS 9694 06:53:37,001 --> 06:53:38,000 REASSURE THE AMERICAN PEOPLE 9695 06:53:38,001 --> 06:53:41,000 THAT THE SENATE HASN'T TAKEN ITS 9696 06:53:41,001 --> 06:53:43,000 EYE OFF THE BALL. 9697 06:53:43,001 --> 06:53:45,000 THE AMENDMENT IS SIMPLE AND 9698 06:53:45,001 --> 06:53:47,000 STRAIGHTFORWARD. 9699 06:53:47,001 --> 06:53:48,000 IT EXPLICITLY PROHIBI 9700 06:53:48,001 --> 06:53:52,000 THE TERRORISTS WHO WERE INVOLVED 9701 06:53:52,001 --> 06:53:55,000 IN THE SEPTEMBER 11, 2001, 9702 06:53:55,001 --> 06:53:58,000 ATTACKS FROM APPEARING FOR TRIAL 9703 06:53:58,001 --> 06:53:59,000 IN A CIVILIAN U.S. COURTROOM. 9704 06:53:59,001 --> 06:54:01,000 INSTEAD, IT WOULD REQUIRE THE 9705 06:54:01,001 --> 06:54:04,000 GOVERNMENT TO USE MILITARY 9706 06:54:04,001 --> 06:54:05,000 COMMISSIONS -- THAT THE COURTS 9707 06:54:05,001 --> 06:54:08,000 PROPER FOR WAR -- FOR TRYING 9708 06:54:08,001 --> 06:54:09,000 THESE INDIVIDUALS. 9709 06:54:09,001 --> 06:54:10,000 BY REQUIRING THE GOVERNMENT TO 9710 06:54:10,001 --> 06:54:12,000 USE MILITARY COMMISSIONS, THE 9711 06:54:12,001 --> 06:54:15,000 SUPPORTERS OF THIS AMENDMENT ARE 9712 06:54:15,001 --> 06:54:16,000 REAFFIRMING TWO THINGS. 9713 06:54:16,001 --> 06:54:20,000 FIRST, THAT THESE MEN SHOULD 9714 06:54:20,001 --> 06:54:22,000 HAVE A FAIR TRIAL AND, SEC 9715 06:54:22,001 --> 06:54:24,000 WE ARE WE'RE REAFFIRMING WHAT 9716 06:54:24,001 --> 06:54:26,000 AMERICAN HISTORY HAS ALWAYS 9717 06:54:26,001 --> 06:54:28,000 SHOWED: , NAMELY, THAT WAR 9718 06:54:28,001 --> 06:54:31,000 CRIMES AND COMMON CRIMES ARE TO 9719 06:54:31,001 --> 06:54:33,000 BE 9720 06:54:33,001 --> 06:54:35,000 AND THAT MILITARY COURTS ARE THE 9721 06:54:35,001 --> 06:54:37,000 PROPER FORUM FOR PROSECUTING 9722 06:54:37,001 --> 06:54:39,000 TERRORISTS. 9723 06:54:39,001 --> 06:54:41,000 SOME MIGHT ARGUE THAT TERRORISTS 9724 06:54:41,001 --> 06:54:44,000 LIKE ZAC 9725 06:54:44,001 --> 06:54:45,000 THE 9/11 CONSPIRATORS, AREN'T 9726 06:54:45,001 --> 06:54:47,000 ENEMY COMBATANTS. 9727 06:54:47,001 --> 06:54:50,000 THAT THEY ARE SOMEHOW ON THE 9728 06:54:50,001 --> 06:54:51,000 SAME LEVEL AS A CONVENIENCE 9729 06:54:51,001 --> 06:54:53,000 STORE STICKUP MAN. 9730 06:54:53,001 --> 06:54:54,000 BUT LISTEN TO THE WORDS OF 9731 06:54:54,001 --> 06:54:57,000 MOUSSAOUI HIMSELF. 9732 06:54:57,001 --> 06:54:59,000 HE ACTUALLY DISAGREES WITH THAT. 9733 06:54:59,001 --> 06:55:01,000 ASKED IF HE GREETED HIS PART IN 9734 06:55:01,001 --> 06:55:03,000 THE SEPTEMBER 11 ATTACKS, HE 9735 06:55:03,001 --> 06:55:05,000 SAID -- QUOTE -- "I JUST WISH IT 9736 06:55:05,001 --> 06:55:07,000 WOULD HAPPEN ON 9737 06:55:07,001 --> 06:55:10,000 13th, 14th, 15th, 16th, 9738 06:55:10,001 --> 06:55:12,000 AND THE 17th AND ON AND ON." 9739 06:55:12,001 --> 06:55:14,000 HE 9740 06:55:14,001 --> 06:55:17,000 HE WAS TO LEARN OF THE DEATH OF 9741 06:55:17,001 --> 06:55:20,000 AMERICAN SERVICEMEN AND WOMEN IN 9742 06:55:20,001 --> 06:55:22,000 THE PENTAGON ON 9/11 AND THEN HE 9743 06:55:22,001 --> 06:55:23,000 MOCKED AN OFFICER FOR WEEPING 9744 06:55:23,001 --> 06:55:25,000 ABOUT THE LOSS OF MEN UNDER HER 9745 06:55:25,001 --> 06:55:26,000 COMMAND SAYING, "I THINK IT WAS 9746 06:55:26,001 --> 06:55:27,000 DISGUSTING FOR A MILITARY PERSON 9747 06:55:27,001 --> 06:55:31,000 TO PRETEND THAT THEY SHOULD NOT 9748 06:55:31,001 --> 06:55:32,000 BE KILLED AS AN ACT 9749 06:55:32,001 --> 06:55:34,000 SHE IS MILITARY. SHE SHLD EXPECT THAT PEOPLE 9750 06:55:34,001 --> 06:55:35,000 WHO ARE AT WAR WITH HER WILL TRY 9751 06:55:35,001 --> 06:55:37,000 TO KILL HER. 9752 06:55:37,001 --> 06:55:39,000 I WILL NEVER CRY BECAUSE AN 9753 06:55:39,001 --> 06:55:41,000 AMERICAN BOMBED MY CAMP." 9754 06:55:41,001 --> 06:55:44,000 NOW, THERE'S NO QUESTION THAT 9755 06:55:44,001 --> 06:55:45,000 MOUSSAOUI HIMSELF BELIEVES HE'S 9756 06:55:45,001 --> 06:55:48,000 AN ENEMY COMBATANT ENGAGED IN A 9757 06:55:48,001 --> 06:55:50,000 WAR AGAINST US. 9758 06:55:50,001 --> 06:55:51,000 THE SENATE HAS ALSO MADE ITSELF 9759 06:55:51,001 --> 06:55:54,000 CLEAR ON 9760 06:55:54,001 --> 06:55:55,000 CONGRESS CREELTED THE MILITARY 9761 06:55:55,001 --> 06:55:56,000 COMMISSION SYSTEM -- CONGRESS 9762 06:55:56,001 --> 06:55:57,000 CREATED THE MITARY COMMISSION 9763 06:55:57,001 --> 06:55:59,000 SYSTEM THREE YEARS AGO HON A 9764 06:55:59,001 --> 06:56:00,000 BIPARTISAN BASIS, PRECISELY TO 9765 06:56:00,001 --> 06:56:02,000 DEAL WITH PROSECUTIONS OF 9766 06:56:02,001 --> 06:56:04,000 AL QAEDA TERRORISTS 9767 06:56:04,001 --> 06:56:06,000 WITH U.S. NATIONAL SECURITY, 9768 06:56:06,001 --> 06:56:08,000 WITH THE EXPECTATION -- THE FULL 9769 06:56:08,001 --> 06:56:10,000 EXPECTATION -- THAT THEY BE USED 9770 06:56:10,001 --> 06:56:12,000 FOR THAT PURPOSE. 9771 06:56:12,001 --> 06:56:15,000 THE SENATE REAFFIRMED THIS VIEW 9772 06:56:15,001 --> 06:56:17,000 TWO YEARS AGO WHEN IT VOTED 94-3 9773 06:56:17,001 --> 06:56:20,000 AGAINST TRANSFERRING DETAINEES 9774 06:56:20,001 --> 06:56:23,000 FROM GUANTANAMO STATESIDE, 9775 06:56:23,001 --> 06:56:25,000 INCLUDING THE 9/11 9776 06:56:25,001 --> 06:56:28,000 WE REAFFIRMED IT EARLIER THIS 9777 06:56:28,001 --> 06:56:29,000 YEAR WHEN WE VOTED 90-6 AGAINST 9778 06:56:29,001 --> 06:56:30,000 USING ANY FUNDS FROM THE WAR 9779 06:56:30,001 --> 06:56:32,000 SUPPLEMENTAL TO TRANSFER ANY OF 9780 06:56:32,001 --> 06:56:34,000 THE GUANTANAMO DETAINEES TO THE 9781 06:56:34,001 --> 06:56:36,000 UNITED STATES. 9782 06:56:36,001 --> 06:56:37,000 AND JUST THIS SUMMER, THE SENATE 9783 06:56:37,001 --> 06:56:39,000 REAFFIRMED THAT MILITARY 9784 06:56:39,001 --> 06:56:41,000 COMMISSIONS ARE THE PROPER FORUM 9785 06:56:41,001 --> 06:56:43,000 FOR BRINGING ENEMY COMBATANTS TO 9786 06:56:43,001 --> 06:56:45,000 JUSTICE WHEN WE APPROVED WITHOUT 9787 06:56:45,001 --> 06:56:47,000 OBJECTION AN AMENDMENT TO THAT 9788 06:56:47,001 --> 06:56:50,000 EFFECT AS PART OF THE DEFENSE 9789 06:56:50,001 --> 06:56:53,000 AUTHORIZATION BILL. 9790 06:56:53,001 --> 06:56:55,000 FURTHER, OUR PAST EXPERIENCE 9791 06:56:55,001 --> 06:56:56,000 WITH TERROR TRIALS IN CIVILIAN 9792 06:56:56,001 --> 06:56:59,000 COURTS HAV CLEARLY BEEN SHOWN 9793 06:56:59,001 --> 06:57:02,000 TO UNDERMINE OUR NATIONAL SECURITY. 9794 06:57:02,001 --> 06:57:04,000 DURING THE TRIAL OF RAMSEY 9795 06:57:04,001 --> 06:57:06,000 USELF, MASTERMIND OF THE FIRST 9796 06:57:06,001 --> 06:57:08,000 TRADE CENTER BOMBING, WE SAW HOW 9797 06:57:08,001 --> 06:57:09,000 A SMALL BIT OF TESTIMONY ABOUT A 9798 06:57:09,001 --> 06:57:11,000 CELL PHONE BATTERY WAS ENOUGH TO 9799 06:57:11,001 --> 06:57:13,000 TIP OFF TERRORISTS AT ONE OF 9800 06:57:13,001 --> 06:57:15,000 THEIR KEY COMMUNICATION LINKS 9801 06:57:15,001 --> 06:57:16,000 HAD BEEN COMPROMISED. 9802 06:57:16,001 --> 06:57:20,000 WE SAW HOW THE PUBLIC 9803 06:57:20,001 --> 06:57:22,000 PROSECUTION OF THE BLIND SHEIKH, 9804 06:57:22,001 --> 06:57:24,000 ABDUL RACKMAN INADVERTENTLY 9805 06:57:24,001 --> 06:57:25,000 PROVIDED A RICH SOURCE OF 9806 06:57:25,001 --> 06:57:27,000 INTELLIGENCE TO OSAMA BIN LADEN 9807 06:57:27,001 --> 06:57:30,000 AHD OF THE 9/11 ATTACKS. 9808 06:57:30,001 --> 06:57:31,000 AND IN THAT CASE, WE REMBER 9809 06:57:31,001 --> 06:57:34,000 THAT RACKMAN'S LAWYER WAS 9810 06:57:34,001 --> 06:57:36,000 CONVICTED OF SMUGGLING ORDERS TO 9811 06:57:36,001 --> 06:57:37,000 HIS TERRORIST DISIEPLESS. 9812 06:57:37,001 --> 06:57:38,000 WE ALSO SAW HOW THE TRIAL OF 9813 06:57:38,001 --> 06:57:40,000 ZACARIAS MOUSSAOUI RESULTED IN 9814 06:57:40,001 --> 06:57:41,000 THE LEAK OF SENSITIVE 9815 06:57:41,001 --> 06:57:42,000 INFORMATION AND WE SAW HOW THE 9816 06:57:42,001 --> 06:57:45,000 TRIALS OF THE EAST AFRICAN 9817 06:57:45,001 --> 06:57:46,000 EMBASSY BOMBERS COMPROMISED 9818 06:57:46,001 --> 06:57:49,000 INTELLIGENCE METHODS TO THE 9819 06:57:49,001 --> 06:57:50,000 BENEFIT OF OSAMA BIN LADEN. 9820 06:57:50,001 --> 06:57:54,000 NOW, THE ADMINISTRATION CALLS 9821 06:57:54,001 --> 06:57:56,000 THESE PROSECUTIONS "SUCCESSFUL." 9822 06:57:56,001 --> 06:57:58,000 BUT GIVEN THE LOSS OF SENSITIVE 9823 06:57:58,001 --> 06:57:59,000 INFORMATION THAT RESULTED, 9824 06:57:59,001 --> 06:58:01,000 FORMER FEDERAL JUDGE AND 9825 06:58:01,001 --> 06:58:03,000 ATTORNEY GENERAL MICHAEL MUKASEY 9826 06:58:03,001 --> 06:58:05,000 HAS NOTED -- QUOTE -- "THERE ARE 9827 06:58:05,001 --> 06:58:09,000 MANY WORDS ONE MIGHT USE TO 9828 06:58:09,001 --> 06:58:12,000 DESCRIBE HOW THESE EVENTS 9829 06:58:12,001 --> 06:58:13,000 UNFOLD. 9830 06:58:13,001 --> 06:58:15,000 'SUCCESSFULLY' IS NOT AMONG THEM." 9831 06:58:15,001 --> 06:58:17,000 TRYING TERRORIST SUSPECTS IN 9832 06:58:17,001 --> 06:58:18,000 CIVILIAN COURTS IS ALSO A GIANT 9833 06:58:18,001 --> 06:58:20,000 HEADACHE FOR COMMUNITIES. 9834 06:58:20,001 --> 06:58:22,000 JUST LOOK AT THE EXPERIENCE OF 9835 06:58:22,001 --> 06:58:24,000 ALEXANDRIA, VIRGINIA, DURING THE 9836 06:58:24,001 --> 06:58:27,000 MOUSSAOUI TRIAL. 9837 06:58:27,001 --> 06:58:29,000 AS POINTED OUT BEFORE, PARTS OF 9838 06:58:29,001 --> 06:58:32,000 ALEXANDRIA BECAME A VIRTUAL 9839 06:58:32,001 --> 06:58:34,000 ENCAMPMENT EVERY TIME MOUSSAOUI 9840 06:58:34,001 --> 06:58:35,000 WAS MOVED TO THE COURTHOUSE. 9841 06:58:35,001 --> 06:58:36,000 THOSE WERE THE PROBLEMS WE SAW 9842 06:58:36,001 --> 06:58:37,000 IN NORTHERN VIRGINIA WHEN JUST 9843 06:58:37,001 --> 06:58:39,000 ONE TERRORIST WAS TRIED IN A 9844 06:58:39,001 --> 06:58:41,000 CIVILIAN COURT. 9845 06:58:41,001 --> 06:58:44,000 WHAT WILL HAPPEN TO ALEXANDRIA, 9846 06:58:44,001 --> 06:58:46,000 NEW YORK CITY, OR OTHER CITIES 9847 06:58:46,001 --> 06:58:48,000 IF SEVERAL TERRORISTS ARE TRIED THERE? 9848 06:58:48,001 --> 06:58:50,000 YOU CAN IMAGINE. 9849 06:58:50,001 --> 06:58:51,000 IT'S BECAUSE OF DANGERS AND 9850 06:58:51,001 --> 06:58:53,000 DIFFICULTIES LIKE THESE ARE THAT 9851 06:58:53,001 --> 06:58:54,000 WE ESTABLISHED THE MILITARY 9852 06:58:54,001 --> 06:58:56,000 COMMISSIONS IN THE FIRST PLACE. 9853 06:58:56,001 --> 06:58:58,000 THE ADMINISTRATION HAS NOW 9854 06:58:58,001 --> 06:59:00,000 REWRITTEN THE MILITARY COMMISSION PROCEDURES PRECISELY 9855 06:59:00,001 --> 06:59:03,000 TO ITS LIKING. 9856 06:59:03,001 --> 06:59:07,000 IF WE CAN'T EXPECT THE VERY 9857 06:59:07,001 --> 06:59:08,000 PEOPLE WHO MASTERMIND THE 9/11 9858 06:59:08,001 --> 06:59:10,000 ATTACKS AND WENT TO WAR WITH US 9859 06:59:10,001 --> 06:59:11,000 TO FALL WITHIN THE JURISDICTION 9860 06:59:11,001 --> 06:59:13,000 OF THESE MILITARY COURTS, THEN 9861 06:59:13,001 --> 06:59:15,000 WHO CAN WE EXPECT TO FALL WITHIN 9862 06:59:15,001 --> 06:59:17,000 THE JURISDICTION OF THESE 9863 06:59:17,001 --> 06:59:18,000 MILITARY COURTS? 9864 06:59:18,001 --> 06:59:21,000 THE AMERICAN PEOPLE HAVE MADE 9865 06:59:21,001 --> 06:59:22,000 THEMSELV 9866 06:59:22,001 --> 06:59:23,000 THEY DON'T WANT GUANTANAMO 9867 06:59:23,001 --> 06:59:24,000 TERRORISTS BROUGHT TO THE U.S. 9868 06:59:24,001 --> 06:59:26,000 AND THEY 9869 06:59:26,001 --> 06:59:28,000 THE MEN WHO PLANNED THE 9/11 9870 06:59:28,001 --> 06:59:30,000 ATTACKS ON AMERICA TO BE TRIED 9871 06:59:30,001 --> 06:59:34,000 IN CIVIL CAN COURTS. 9872 06:59:34,001 --> 06:59:36,000 -- I 9873 06:59:36,001 --> 06:59:37,000 RISKING NATIONAL SECURITY IN THE 9874 06:59:37,001 --> 06:59:38,000 PROCESS. 9875 06:59:38,001 --> 06:59:39,000 CONGRESS CREATED MILITARY 9876 06:59:39,001 --> 06:59:41,000 COMMISSIONS FOR A REASON. 9877 06:59:41,001 --> 06:59:45,000 BUT IF THE ADMINISTRATION FAILS 9878 06:59:45,001 --> 06:59:46,000 TO USE MILITARY COMMISSIONS FOR 9879 06:59:46,001 --> 06:59:48,000 SELF-AVOWED COMBATANTS LIKE 9880 06:59:48,001 --> 06:59:50,000 KHALID SHEIKH MOHAMMED, THEN IT 9881 06:59:50,001 --> 06:59:52,000 IS WASTING THIS TIME HONORED AND 9882 06:59:52,001 --> 06:59:53,000 ESSENTIAL TOOL IN THE WAR ON 9883 06:59:53,001 --> 06:59:55,000 TERROR. 9884 06:59:55,001 --> 06:59:57,000 I WOULD ASK THE OPPONENTS OF THE 9885 06:59:57,001 --> 07:00:00,000 GRAHAM AMENDMENT THE FOLLOWING: 9886 07:00:00,001 --> 07:00:03,000 WHAT MATERIAL BENEFIT -- WHAT 9887 07:00:03,001 --> 07:00:07,000 MATERIAL BENEFIT IS DERIVED BY 9888 07:00:07,001 --> 07:00:10,000 BRINGING AVOWED FOREIGN WANTS 9889 07:00:10,001 --> 07:00:12,000 LIKE K.S.M., INTO A CIVILIAN 9890 07:00:12,001 --> 07:00:13,000 COURT AND GIVING THEM ALL THE 9891 07:00:13,001 --> 07:00:15,000 RIGHTS AND PRIVILEGES AFTER 9892 07:00:15,001 --> 07:00:17,000 UNITED STATES CITIZEN? 9893 07:00:17,001 --> 07:00:19,000 AND WHY SHOULD WE FURTHER HE 9894 07:00:19,001 --> 07:00:20,000 DELAY JUSTICE FOR THE FAMILIES 9895 07:00:20,001 --> 07:00:22,000 OF THE VICTIMS OF 9/11? 9896 07:00:22,001 --> 07:00:25,000 THIS AMENDMENT, BY SENATORS 9897 07:00:25,001 --> 07:00:27,000 GRAHAM, LIEBERMAN AND McCAIN, 9898 07:00:27,001 --> 07:00:29,000 GIVE US ALL AN OPPORTUNITY TO 9899 07:00:29,001 --> 07:00:31,000 EXPRESS OURSELVES ONE MR TIME ON 9900 07:00:31,001 --> 07:00:33,000 THIS VITAL -- ONE MORE TIME ON 9901 07:00:33,001 --> 07:00:34,000 THIS VITAL ISSUE. 9902 07:00:34,001 --> 07:00:36,000 THE QUESTION IS NOT WHETHER WE 9903 07:00:36,001 --> 07:00:38,000 CAN PRY TERRORISTS IN CIVILIAN 9904 07:00:38,001 --> 07:00:40,000 COURT, THE QUESTION IS SHOULD WE? 9905 07:00:40,001 --> 07:00:43,000 THE ANSWER IS PERFECTLY CLEAR. 9906 07:00:43,001 --> 07:00:44,000 THE RIGHT FORUM FOR BRINGING WAR 9907 07:00:44,001 --> 07:00:46,000 CRIMINALS TO JUSTICE IS IN 9908 07:00:46,001 --> 07:00:48,000 MILITARY COMMISSIONS AT THE 9909 07:00:48,001 --> 07:00:51,000 SECURE FACILITY WE ALREADY HAVE 9910 07:00:51,001 --> 07:00:54,000 AT GUANTANAMO. 9911 07:00:54,001 --> 07:00:56,000 NOT -- I REPEAT NOT IN CIVILIAN 9912 07:00:56,001 --> 07:00:57,000 COURTS IN U.S. CMUNITIES. 9913 07:00:57,001 --> 07:01:01,000 MADAM PRESIDENT, I Y 9914 07:01:01,001 --> 07:01:03,000 FLOOR. 9915 07:01:03,001 --> 07:01:05,000 A SENATOR: MADAM PRESIDENT? 9916 07:01:05,001 --> 07:01:11,000 THE PRESIDIN 9917 07:01:11,001 --> 07:01:15,000 SENATORROM VE FROM VIRGINIA. 9918 07:01:15,001 --> 07:01:17,000 MR. WEBB: MADAM PRESIDENT, I 9919 07:01:17,001 --> 07:01:20,000 SOMEWHAT WITH SOME REGRET, 9920 07:01:20,001 --> 07:01:21,000 BECAUSE I'M IN CONTRADICTION 9921 07:01:21,001 --> 07:01:25,000 WITH OUR PRESIDENT AND MANY 9922 07:01:25,001 --> 07:01:26,000 MEMBERS OF OUR OWN CAUCUS, AM A 9923 07:01:26,001 --> 07:01:28,000 CO-SPONSOR OF THE GRAHAM AMENDMENT. 9924 07:01:28,001 --> 07:01:29,000 AND I HAVE NO REGRETS ABOUT 9925 07:01:29,001 --> 07:01:31,000 CO-SPONSORING THE AMENDMENT. 9926 07:01:31,001 --> 07:01:32,000 I DO REGRET THAT I AM IN 9927 07:01:32,001 --> 07:01:36,000 CONTRADICTION WITH THE -- WITH A 9928 07:01:36,001 --> 07:01:37,000 NUMBER OF MY COLLEAGUES ON THIS 9929 07:01:37,001 --> 07:01:39,000 SIDE ON IT. 9930 07:01:39,001 --> 07:01:40,000 I BELIEVE THIS IS AN APPROPRIATE AMENDMENT. 9931 07:01:40,001 --> 07:01:42,000 I BELIEVE IT IS THE BEST WAY FOR 9932 07:01:42,001 --> 07:01:46,000 US TO MOV FORWARD IN TERMS OF 9933 07:01:46,001 --> 07:01:48,000 ATTEMPTING TO BRING SOME SORT OF 9934 07:01:48,001 --> 07:01:49,000 SOLUTION WITH RESPECT TO THOSE 9935 07:01:49,001 --> 07:01:52,000 WHO ARE DETAINED IN GUANTANAMO. 9936 07:01:52,001 --> 07:01:54,000 I WOULD START BY SAYIN THAT I 9937 07:01:54,001 --> 07:01:58,000 HAVE CONSISTENTLY ARGUED THAT 9938 07:01:58,001 --> 07:02:00,000 THE APPROPRIATE VENUE FOR TRYING 9939 07:02:00,001 --> 07:02:01,000 PERPETRATORS OF INTERNATIONAL 9940 07:02:01,001 --> 07:02:04,000 TERRORISM, WHO ARE, IN FACT, 9941 07:02:04,001 --> 07:02:05,000 ENEMY COMBATANTS, IS A MILITARY 9942 07:02:05,001 --> 07:02:08,000 TRIBUNAL. 9943 07:02:08,001 --> 07:02:09,000 ONE OF MY PRIMARY FOCUSES IN MY 9944 07:02:09,001 --> 07:02:11,000 TIME IN THE SENATE IS TO WORK 9945 07:02:11,001 --> 07:02:13,000 TOWARD A FAIR 9946 07:02:13,001 --> 07:02:15,000 CRIMINAL JUSTICE SYSTEM HERE IN 9947 07:02:15,001 --> 07:02:16,000 THE UNITED STATES. 9948 07:02:16,001 --> 07:02:19,000 AS ALL OF MY COLLEAGUES KNOW, WE 9949 07:02:19,001 --> 07:02:22,000 HAVE AN -- AN ENORMOUS BACKLOG 9950 07:02:22,001 --> 07:02:25,000 IN MANY OF 9951 07:02:25,001 --> 07:02:27,000 NOW OUR PRISONS ARE OVERCROWDED. 9952 07:02:27,001 --> 07:02:29,000 WE HAVE 2.38 MILLION PEOPLE IN 9953 07:02:29,001 --> 07:02:30,000 PRISON RIGHT NOW. 9954 07:02:30,001 --> 07:02:32,000 SEVEN MILLION PEOPLE INSIDE THE 9955 07:02:32,001 --> 07:02:35,000 CRIMINAL JUSTICE SYSTEM. 9956 07:02:35,001 --> 07:02:37,000 THE PROCESS OF TRYING ENEMY 9957 07:02:37,001 --> 07:02:40,000 COMBATANTS INUR ALREADY 9958 07:02:40,001 --> 07:02:43,000 OVERBURDENED DOMESTIC COURTS, ON 9959 07:02:43,001 --> 07:02:45,000 THE ONE HAND, IS NOT REALLY 9960 07:02:45,001 --> 07:02:48,000 NECESSARY AND OR THE OTHER WOULD 9961 07:02:48,001 --> 07:02:49,000 INTRODUCE MAJOR LOGJAMS AN WORK 9962 07:02:49,001 --> 07:02:52,000 AGAINST OUR -- AND WORK AGAINST 9963 07:02:52,001 --> 07:02:53,000 OUR GOAL OF OUR CRIMINAL JUSTICE 9964 07:02:53,001 --> 07:02:55,000 SYSTEM. 9965 07:02:55,001 --> 07:02:57,000 AS SOMEONE WHO HAS SERVED IN 9966 07:02:57,001 --> 07:02:59,000 MILITARY, HAS SPENT FIVE YEARS 9967 07:02:59,001 --> 07:03:00,000 IN THE PENTAGON AND IS 9968 07:03:00,001 --> 07:03:02,000 PRIVILEGED TO SERVE IN THIS 9969 07:03:02,001 --> 07:03:04,000 BODY, I WOULD LIKE TO SAY THAT 9970 07:03:04,001 --> 07:03:06,000 IN MY VIEW THE GUANTANAMO BAY 9971 07:03:06,001 --> 07:03:08,000 DETAINEE SITUATION IS 9972 07:03:08,001 --> 07:03:10,000 CHALLENGING, IT'S COMPLICATED, 9973 07:03:10,001 --> 07:03:12,000 IT INVOLVES BALANCING AN ENTIRE 9974 07:03:12,001 --> 07:03:14,000 HOST OF CONSIDERATIONS, 9975 07:03:14,001 --> 07:03:15,000 INCLUDING NATIONAL SECURITY, 9976 07:03:15,001 --> 07:03:17,000 CONSTIONAL DUE PROCESS 9977 07:03:17,001 --> 07:03:19,000 REQUIREMENTS, INTERNATIONAL LAW, 9978 07:03:19,001 --> 07:03:21,000 PROCEDURAL AND PRACTICAL 9979 07:03:21,001 --> 07:03:23,000 CONSIDERATIONS AND THE 9980 07:03:23,001 --> 07:03:27,000 RESPONSIBILITIES AND AUTHORITY 9981 07:03:27,001 --> 07:03:29,000 OF ALL THREE BRANCHES OF GOVERNMENT. 9982 07:03:29,001 --> 07:03:31,000 GIVEN THE COMPLICATED NATURE OF 9983 07:03:31,001 --> 07:03:33,000 THIS SITUATION, I BELIEVE IT'S 9984 07:03:33,001 --> 07:03:36,000 VERY IMPORTANT FOR US TO MOVE 9985 07:03:36,001 --> 07:03:37,000 FORWARD WITH A CAREFUL AND 9986 07:03:37,001 --> 07:03:38,000 CONSIDERED APPROACH. 9987 07:03:38,001 --> 07:03:40,000 THESE ARE AMONG THE 9988 07:03:40,001 --> 07:03:41,000 CONSIDERATIONS THAT WE SHOULD BE 9989 07:03:41,001 --> 07:03:43,000 LOOKING AT. 9990 07:03:43,001 --> 07:03:45,000 FIRST, THE SUPREME COURT HAS 9991 07:03:45,001 --> 07:03:47,000 REVIEWED THIS ISSUE A NUMBER OF 9992 07:03:47,001 --> 07:03:49,000 TIMES AND IN SEVERAL CASES HAS 9993 07:03:49,001 --> 07:03:50,000 GIVEN CLEAR GUIDANCE ON DUE 9994 07:03:50,001 --> 07:03:53,000 PROCESS REQUIREMENTS. 9995 07:03:53,001 --> 07:03:55,000 SECOND, TAKING INTO CONSIDERATION THE SUPREME 9996 07:03:55,001 --> 07:03:58,000 COURT'S DECISIONS, CONGRESS 9997 07:03:58,001 --> 07:03:59,000 ENACTED NEW PROCEDURES FOR 9998 07:03:59,001 --> 07:04:02,000 MILITARY TBUNALS. 9999 07:04:02,001 --> 07:04:03,000 THESE NEW PROCEDURES, WHICH WERE 10000 07:04:03,001 --> 07:04:06,000 INCLUDED IN RECENTLY PASSED 10001 07:04:06,001 --> 07:04:09,000 DEFENSE AUTHORIZATION BILL, 10002 07:04:09,001 --> 07:04:12,000 CONTAIN SAFEGUARDS THAT PROTECT 10003 07:04:12,001 --> 07:04:14,000 DETAINEES'S DUE PROCESS AN HABEAS RIGHTS. 10004 07:04:14,001 --> 07:04:16,000 PRESIDENT OBAMA, AS A SENATOR, 10005 07:04:16,001 --> 07:04:17,000 TOOK PART IN THE CREATION OF 10006 07:04:17,001 --> 07:04:19,000 THESE NEW PCEDURES. 10007 07:04:19,001 --> 07:04:21,000 PRESIDENT OBAMA SIGNED THESE NEW 10008 07:04:21,001 --> 07:04:23,000 PROCEED NEWS LAW. 10009 07:04:23,001 --> 07:04:25,000 -- PREEDURES INTO LAW. 10010 07:04:25,001 --> 07:04:26,000 -- PROCEDURES INTO LAW. 10011 07:04:26,001 --> 07:04:29,000 ADDITIONALLY THE FACILITIES FOR 10012 07:04:29,001 --> 07:04:32,000 APPROPRIATELY HOLDING AND TRYING 10013 07:04:32,001 --> 07:04:34,000 DANGEROUS DETAINEES WHO ARE, IN 10014 07:04:34,001 --> 07:04:36,000 FACT, ENEMY COMBATANTS PRESENTLY 10015 07:04:36,001 --> 07:04:39,000 EXIST AT THE COST OF MILLIONS OF 10016 07:04:39,001 --> 07:04:42,000 DOLLARS IN GUANTANAMO BAY. 10017 07:04:42,001 --> 07:04:44,000 THE GUANTANAMO DEBATE HAS, IN MY 10018 07:04:44,001 --> 07:04:46,000 VIEW, IMPROPERLY FOCUSED ON 10019 07:04:46,001 --> 07:04:47,000 PLACE VERSUS PROCESS OVER THE 10020 07:04:47,001 --> 07:04:49,000 PAST COUPLE OF YEARS. 10021 07:04:49,001 --> 07:04:52,000 THE MOST IMPORTANT FACTOR HAS 10022 07:04:52,001 --> 07:04:54,000 BEEN TO IMPROVE THE PROCESS AS 10023 07:04:54,001 --> 07:04:57,000 WE EXAMINE THESE DIFFERENT 10024 07:04:57,001 --> 07:05:00,000 CASES, NOT SIMPLY WHETHER THIS 10025 07:05:00,001 --> 07:05:01,000 IS GUANTANAMO OR ANYWHERE ELSE. 10026 07:05:01,001 --> 07:05:02,000 REMOVING OUR DETAINEES FROM 10027 07:05:02,001 --> 07:05:04,000 GUANTANAMO TO THE UNITED STATES 10028 07:05:04,001 --> 07:05:06,000 IS NOT GOING TO SOLVE THE PROBLEM. 10029 07:05:06,001 --> 07:05:08,000 THE IMPROVED PROCESSES THAT WE 10030 07:05:08,001 --> 07:05:09,000 HAVE PUT IN PLACE ARE THE KEY 10031 07:05:09,001 --> 07:05:13,000 FACTORS IN ADDRESSING THE 10032 07:05:13,001 --> 07:05:14,000 THE PEOPLE WE ARE SEEKING TO 10033 07:05:14,001 --> 07:05:17,000 PROSECUTE, I THINK IT NEEDS TO 10034 07:05:17,001 --> 07:05:18,000 BE SAID AGAIN AND AGAIN, ARE 10035 07:05:18,001 --> 07:05:20,000 ENEMY COMBATANTS. 10036 07:05:20,001 --> 07:05:23,000 THEY WERE APPREHENDED DURING A 10037 07:05:23,001 --> 07:05:25,000 TIME OF WAR WHILE HOSTILITIES 10038 07:05:25,001 --> 07:05:26,000 ARE STILL ONGOING PROSECUTING 10039 07:05:26,001 --> 07:05:29,000 THESE INDIVIDUALS IN DOMESTIC 10040 07:05:29,001 --> 07:05:32,000 COURTS GIVES RISE TO A HOS OF 10041 07:05:32,001 --> 07:05:33,000 PROBLEMATIC ISSUES WHICH ARE 10042 07:05:33,001 --> 07:05:38,000 BASICALLY UNNECESSARY BECAUSE OF 10043 07:05:38,001 --> 07:05:41,000 THE AVAILABLITY NOW OF PROPERLY 10044 07:05:41,001 --> 07:05:45,000 CONSTITUTED MILITARY TRIBUNALS. 10045 07:05:45,001 --> 07:05:47,000 THE PROBLEMS WITH TRYING ALLEGED 10046 07:05:47,001 --> 07:05:52,000 DETAINEES IN DOMESTIC COURTS 10047 07:05:52,001 --> 07:05:53,000 INCLUDE PROCEDURAL CONSTITUTION 10048 07:05:53,001 --> 07:05:56,000 CONSTITUTIONAL AND EVIDENTIARY 10049 07:05:56,001 --> 07:05:57,000 RULES IN PLACE TO PROTECT 10050 07:05:57,001 --> 07:05:59,000 CIVILIAN CRIMINAL DEFENDANTS IN 10051 07:05:59,001 --> 07:06:01,000 OUR COUNTRY. 10052 07:06:01,001 --> 07:06:03,000 THIS WOULD REQUIRE CLASSIFIED 10053 07:06:03,001 --> 07:06:04,000 MATERIALS, COULD INCLUDE 10054 07:06:04,001 --> 07:06:06,000 MILITARY OFFICERS TO BE CALLED 10055 07:06:06,001 --> 07:06:08,000 FROM OTHER DUTIES, IN SOME CASES 10056 07:06:08,001 --> 07:06:11,000 FROM THE BATTLEFIELD TO TESTIFY. 10057 07:06:11,001 --> 07:06:13,000 THIS COULD LEAD TO THE EXPOSURE 10058 07:06:13,001 --> 07:06:16,000 OF SENSITIVE MATERIAL OR 10059 07:06:16,001 --> 07:06:18,000 ALTERNATIVELY TO THE ACQUITTAL 10060 07:06:18,001 --> 07:06:19,000 OF ENEMY COMBATANTS WHO ARE 10061 07:06:19,001 --> 07:06:21,000 GUILTY OF THESE CRIMES. 10062 07:06:21,001 --> 07:06:22,000 IN THE UNITED STATES LEGAL 10063 07:06:22,001 --> 07:06:25,000 SYSTEM WHEN A DEFENDANT IS 10064 07:06:25,001 --> 07:06:27,000 ACQUITTED, HE GOES FREE. 10065 07:06:27,001 --> 07:06:31,000 IN THIS COMPLEX SCENARIO, IT 10066 07:06:31,001 --> 07:06:32,000 UNCLEAR WHAT WILL HAPPEN IN OUR 10067 07:06:32,001 --> 07:06:35,000 DOMESTIC JUDICIAL SYSTEM IN ONE 10068 07:06:35,001 --> 07:06:37,000 OF TSE ENEMY COMBATANTS IS 10069 07:06:37,001 --> 07:06:40,000 ACTUALLY ACQUITTED. 10070 07:06:40,001 --> 07:06:43,000 THIS MIXING OF THE LEGAL AND 10071 07:06:43,001 --> 07:06:45,000 MILITARY PARA DIMES, I BELIEVE, 10072 07:06:45,001 --> 07:06:47,000 WOULD CONFUSE OUR CRIMINAL 10073 07:06:47,001 --> 07:06:48,000 JUSTICE SYSTEM WITHOUT A REAL 10074 07:06:48,001 --> 07:06:50,000 UPSIDE. 10075 07:06:50,001 --> 07:06:52,000 THE BURDEN OF TRYING ENEMY 10076 07:06:52,001 --> 07:06:53,000 COMBATANTS IN A DOMESTIC COURT 10077 07:06:53,001 --> 07:06:55,000 IS OVERWHELMING. 10078 07:06:55,001 --> 07:06:57,000 OTHER PEOPLE HAVE MENTIONED THIS. 10079 07:06:57,001 --> 07:06:59,000 THERE'S AN ISSUE OF MAINTAINING 10080 07:06:59,001 --> 07:07:01,000 SECURITY FOR THE COURTROOM AND 10081 07:07:01,001 --> 07:07:03,000 JAIL FACILITIES, THE ADDITIONAL 10082 07:07:03,001 --> 07:07:05,000 SECURITY BURDENS, THE MARSHAL 10083 07:07:05,001 --> 07:07:07,000 SERVICE, THE LOCAL POLICE WOULD 10084 07:07:07,001 --> 07:07:09,000 BE REQUIRED, THE SECURITY 10085 07:07:09,001 --> 07:07:12,000 PROCEDURAL COMPLEXITIES, TYING 10086 07:07:12,001 --> 07:07:13,000 UP OUR CRT SYSTEM IN A TIME 10087 07:07:13,001 --> 07:07:15,000 WHEN WE NEED TO MOVE CRIMINAL 10088 07:07:15,001 --> 07:07:17,000 CASES FORWARD. 10089 07:07:17,001 --> 07:07:20,000 AND I THINK IT'S VERY IMPORTANT 10090 07:07:20,001 --> 07:07:21,000 FOR THE UNDERSTANDING OF THIS 10091 07:07:21,001 --> 07:07:25,000 BODY THAT WHILE THIS AMENDMENT 10092 07:07:25,001 --> 07:07:28,000 ONLY APPLIES TO SIX DETAINEES AT 10093 07:07:28,001 --> 07:07:31,000 GUANTANAMO BAY, IT'S LONG PAST 10094 07:07:31,001 --> 07:07:34,000 TIME THAT WE WORK TO REACH A 10095 07:07:34,001 --> 07:07:37,000 CONSENSUS ON HOW AND WHERE ALL 10096 07:07:37,001 --> 07:07:40,000 THESE DETAINEES ARE GOING TO BE 10097 07:07:40,001 --> 07:07:42,000 TRIED AND OR HELD. 10098 07:07:42,001 --> 07:07:44,000 THE ADMINISTRATIONAS 10099 07:07:44,001 --> 07:07:46,000 CONSISTENTLY TALKED ABOUT THREE 10100 07:07:46,001 --> 07:07:48,000 DIFFERENT CATEGORIES OF DETAINEES. 10101 07:07:48,001 --> 07:07:49,000 THOSE WHO HAVE BEEN FOUND NOT TO 10102 07:07:49,001 --> 07:07:51,000 BE A THREAT TO THE UNITED STATES 10103 07:07:51,001 --> 07:07:53,000 AND CAN BE RELEASED AND A NBER 10104 07:07:53,001 --> 07:07:55,000 OF THEM HAVE. 10105 07:07:55,001 --> 07:07:57,000 THOSE WHO ARE A THREAT AND CAN 10106 07:07:57,001 --> 07:08:00,000 BE PSECUTED, WHICH TAKES UP 10107 07:08:00,001 --> 07:08:02,000 MOST OF OUR DISCUSSION, BUT, 10108 07:08:02,001 --> 07:08:04,000 IMPORTANTLY, THE THIRD GROUP IS 10109 07:08:04,001 --> 07:08:05,000 THOSE WHO WE HAVE REASON TO 10110 07:08:05,001 --> 07:08:06,000 BELIEVE WILL CONTINUE TO BE A 10111 07:08:06,001 --> 07:08:08,000 THREAT TO THE UNITED STATES, BUT 10112 07:08:08,001 --> 07:08:09,000 WE MAY NOT HAVE SUFFICIENT 10113 07:08:09,001 --> 07:08:11,000 ADMISSIBLE EVIDENCE TO B 10114 07:08:11,001 --> 07:08:13,000 THEM TO TRIAL. 10115 07:08:13,001 --> 07:08:15,000 AND THAT'S THE CATEGORY THAT IS 10116 07:08:15,001 --> 07:08:16,000 THE MOST TROUBLING WHEN WE START 10117 07:08:16,001 --> 07:08:17,000 TALKING ABOUT MOVING THESE 10118 07:08:17,001 --> 07:08:18,000 DETAINEES FROM GUANTANAMO TO THE 10119 07:08:18,001 --> 07:08:20,000 UNITED STATES. 10120 07:08:20,001 --> 07:08:22,000 EVERY MEMBER OF THIS BODY SHOULD 10121 07:08:22,001 --> 07:08:24,000 BE CONCERNED WITH THE 10122 07:08:24,001 --> 07:08:27,000 IMPLICATIONS OF CONFINING SUCH 10123 07:08:27,001 --> 07:08:28,000 INDIVIDUALS INDEFINITELY INSIDE 10124 07:08:28,001 --> 07:08:29,000 THE UNITED STATES WITHOUT DUE 10125 07:08:29,001 --> 07:08:32,000 PROCESS. 10126 07:08:32,001 --> 07:08:33,000 MADAM PRESIDENT, I TOOK THE 10127 07:08:33,001 --> 07:08:34,000 TIME, AFTER A NUMBER OF 10128 07:08:34,001 --> 07:08:36,000 DISCUSSIONS, INCLUDING A LONG 10129 07:08:36,001 --> 07:08:40,000 DISCUSSION WITH THE PRESIDENT 10130 07:08:40,001 --> 07:08:43,000 ABOUT THIS, TO ACTUALLY READ THE 10131 07:08:43,001 --> 07:08:45,000 HOMDI CASE, THE SUPREME COURT 10132 07:08:45,001 --> 07:08:47,000 CASE THAT DEALS WITH THE ACTUAL 10133 07:08:47,001 --> 07:08:58,000 DETENTION OF DETAINEES. 10134 07:08:58,001 --> 07:08:59,000 THERE'S A HE COUL COUL CONUNDRUM, IF YOU TRY 10135 07:08:59,001 --> 07:09:01,000 THESE PEOPLE, YOU'RE NOT GOING 10136 07:09:01,001 --> 07:09:03,000 TO TRY THEM AND PUT THEM IN A 10137 07:09:03,001 --> 07:09:05,000 CIVILIAN PRISON, THERE ARE TWO 10138 07:09:05,001 --> 07:09:06,000 PROCESSES, EITHER AS LEGALLY 10139 07:09:06,001 --> 07:09:08,000 HERE IN THE UNITED STATES THEY 10140 07:09:08,001 --> 07:09:10,000 HAVE TO BE GIVEN A SPEEDY TRIAL 10141 07:09:10,001 --> 07:09:12,000 OR, AS ENEMY COMBATANTS, WE 10142 07:09:12,001 --> 07:09:14,000 DON'T HAVE TO GIVE THEM A SPEEDY 10143 07:09:14,001 --> 07:09:17,000 TRIAL UNTIL THE END OF HOSTILITIES. 10144 07:09:17,001 --> 07:09:18,000 HOW DO WE DEFINE THE END OF HOSTILITIES? 10145 07:09:18,001 --> 07:09:20,000 WE'RE SIMPLY GOING TO BE 10146 07:09:20,001 --> 07:09:22,000 IMPORTING A PROBLEM THA AFFECTS 10147 07:09:22,001 --> 07:09:24,000 50 PEOPLE IN GUANTANAMO FROM 10148 07:09:24,001 --> 07:09:25,000 GUANTANAMO INTO THE UNITED STATES. 10149 07:09:25,001 --> 07:09:26,000 AGAIN, IT'S NOT THE PLACE, IT'S 10150 07:09:26,001 --> 07:09:28,000 THE PROCESS. 10151 07:09:28,001 --> 07:09:30,000 10 YEARS FROM NOW, 15 YEARS FROM 10152 07:09:30,001 --> 07:09:32,000 NOW, WE COULD BE SAYING THERE'S 10153 07:09:32,001 --> 07:09:34,000 AN INDIVIDUAL IN A TRIPLE-MAX 10154 07:09:34,001 --> 07:09:37,000 PRISON SOMEWHERE IN ILLINOIS 10155 07:09:37,001 --> 07:09:38,000 WHO'S NEVER BEEN CHARGED FOR A 10156 07:09:38,001 --> 07:09:40,000 CRIME WHY DO WE NEED TO BRING 10157 07:09:40,001 --> 07:09:42,000 THAT INTO OUR SYSTEM IN WHY DO 10158 07:09:42,001 --> 07:09:44,000 WE NEED TO BRING THAT INTO OUR COUNTRY? 10159 07:09:44,001 --> 07:09:45,000 WE HAVE TO COMMIT OURSELVES TO 10160 07:09:45,001 --> 07:09:47,000 EXAMING THAT ISSUE IN DETAIL 10161 07:09:47,001 --> 07:09:48,000 AND FIGURING OUT WAY TO MOVE 10162 07:09:48,001 --> 07:09:50,000 FORWARD AND I'M COMMITTED TO 10163 07:09:50,001 --> 07:09:51,000 WORKING WITH THE ADMINISTRATION. 10164 07:09:51,001 --> 07:09:52,000 I SAIDHIS TO THE PRESIDENT IN 10165 07:09:52,001 --> 07:09:54,000 THE PAST. 10166 07:09:54,001 --> 07:09:58,000 AND WITH OUR MEMBERS OF OUR BODY 10167 07:09:58,001 --> 07:09:59,000 IN DELOPING A -- A FINAL TRIAL 10168 07:09:59,001 --> 07:10:01,000 AND DETENTION PLAN. 10169 07:10:01,001 --> 07:10:02,000 BUT THE BOTTOM LINE IS WE'RE A 10170 07:10:02,001 --> 07:10:04,000 NATION AT WAR. 10171 07:10:04,001 --> 07:10:07,000 THE SUPREME COURT HAS OUTLINED 10172 07:10:07,001 --> 07:10:08,000 DUE PROCESS RIGHTS FOR DETAINEES. 10173 07:10:08,001 --> 07:10:10,000 GUANTANAMO BAY IS THE 10174 07:10:10,001 --> 07:10:13,000 APPROPRIATE FACILITY FOR HOLDING 10175 07:10:13,001 --> 07:10:15,000 ENEMY BELLIGERENTS, PARTICULARLY 10176 07:10:15,001 --> 07:10:16,000 SINCE WE JUST PASSED THE 10177 07:10:16,001 --> 07:10:17,000 IMPROVEMENTS IN THE MILITARY 10178 07:10:17,001 --> 07:10:19,000 COMMISSION ACT. 10179 07:10:19,001 --> 07:10:20,000 AND I HOPE THAT THIS BODY WILL 10180 07:10:20,001 --> 07:10:22,000 THINK SERIOUSLY ABOUT THE 10181 07:10:22,001 --> 07:10:23,000 IMPLICATIONS OF BRINGING LARGE 10182 07:10:23,001 --> 07:10:25,000 NUMBERS OF THEM HERE IN THE 10183 07:10:25,001 --> 07:10:26,000 UNITED 10184 07:10:26,001 --> 07:10:29,000 AND, WITH THAT, I YIELD THE 10185 07:10:29,001 --> 07:10:30,000 FLOOR. 10186 07:10:30,001 --> 07:10:36,000 A SENATOR: MADAM PRESIDENT? 10187 07:10:36,001 --> 07:10:37,000 A SENATOR: MADAM PRESIDENT? 10188 07:10:37,001 --> 07:10:40,000 THE PRESIDING OFFICER: I T 10189 07:10:40,001 --> 07:10:43,000 THE SENATOR FROM RHODE ISLAND IS 10190 07:10:43,001 --> 07:10:44,000 WHO I HEARD 10191 07:10:44,001 --> 07:10:46,000 MR. WHITEHOUSE: MADAM PRESIDENT, 10192 07:10:46,001 --> 07:10:47,000 I WILL BE SPEAKING FOR ONLY FOUR 10193 07:10:47,001 --> 07:10:49,000 FIVE MINUTES. 10194 07:10:49,001 --> 07:10:52,000 I DO SEE SENATOR DeMINT, IF HE 10195 07:10:52,001 --> 07:10:54,000 WOULD LIKE TO PROCEED, I WILL 10196 07:10:54,001 --> 07:10:55,000 ASK TO SPEAK FOLLOWING HIM, I 10197 07:10:55,001 --> 07:10:57,000 WILL BE BEF. 10198 07:10:57,001 --> 07:11:00,000 IT I WOULD GRANT ME THE COURTESY 10199 07:11:00,001 --> 07:11:01,000 OF GOING AHEAD -- EITHER WAY IS 10200 07:11:01,001 --> 07:11:03,000 FINE WITH ME SENATOR. 10201 07:11:03,001 --> 07:11:05,000 DeMINT I WILL YIELD TO YOU, SENATOR. 10202 07:11:05,001 --> 07:11:06,000 I ASK CONSENT THAT I SPEAK 10203 07:11:06,001 --> 07:11:07,000 FOLLOWING YOUR REMARKS. 10204 07:11:07,001 --> 07:11:08,000 THE PRESIDING OFFICER: WITHOUT 10205 07:11:08,001 --> 07:11:09,000 OBJECTION, SO ORDERED. 10206 07:11:09,001 --> 07:11:11,000 THE SENATOR FROM RHODE ISLAND IS 10207 07:11:11,001 --> 07:11:12,000 RECOGNIZED. 10208 07:11:12,001 --> 07:11:14,000 MR. WHITEHOUSE: THANK YOU 10209 07:11:14,001 --> 07:11:15,000 DEVELOPMENT I VERY MUCH 10210 07:11:15,001 --> 07:11:16,000 APPRECIATE THE SENATOR'S 10211 07:11:16,001 --> 07:11:18,000 COURTESY. 10212 07:11:18,001 --> 07:11:20,000 I WANT TO TAKE A DIFFERENT VIEW 10213 07:11:20,001 --> 07:11:21,000 FROM OUR DISTINGUISHED CLEAR FROM VIRGINIA. 10214 07:11:21,001 --> 07:11:23,000 HE COMES FROM A MILITARY 10215 07:11:23,001 --> 07:11:24,000 BACKGROUND AND HE SEES THIS 10216 07:11:24,001 --> 07:11:28,000 THROUGH THAT LENS. 10217 07:11:28,001 --> 07:11:29,000 I COME FROM A PROSECUTOR'S AND 10218 07:11:29,001 --> 07:11:31,000 LAWYER'S BACKGROUND AND I SEE IT 10219 07:11:31,001 --> 07:11:34,000 THROUGH A DIFFERENT LENS. 10220 07:11:34,001 --> 07:11:36,000 I TAKE EXCEPTION TO NONE OF THE 10221 07:11:36,001 --> 07:11:47,000 CONCERNS THAT THE DISTINGUISHED 10222 07:11:47,001 --> 07:11:49,000 SENATOR FROM VIRGINIA JUST ELICITED. 10223 07:11:49,001 --> 07:11:51,000 AS TO ON WHICH SIDE MILITARY 10224 07:11:51,001 --> 07:11:52,000 COMMISSIONS OR TRADITIONAL LAW 10225 07:11:52,001 --> 07:11:54,000 ENFORCEMENT PROSECUTION, THE 10226 07:11:54,001 --> 07:11:58,000 GOVERNMENT SHOULD COME DOWN ON, 10227 07:11:58,001 --> 07:12:00,000 ISNE THAT SHOULD NOT BE A 10228 07:12:00,001 --> 07:12:02,000 LEGISLATIVE DETERMINATION. 10229 07:12:02,001 --> 07:12:05,000 WE HAVE EXECUTIVE OFFICIALS WHO 10230 07:12:05,001 --> 07:12:06,000 ARE VERY CAPABLE OF MAKING THIS 10231 07:12:06,001 --> 07:12:10,000 DETERMINATION. 10232 07:12:10,001 --> 07:12:11,000 IT IS REALLY AT THE SOUL OF 10233 07:12:11,001 --> 07:12:13,000 PROSECUTORIAL DISCRETION TO 10234 07:12:13,001 --> 07:12:16,000 DECIDE WHO TO CHARGE, WHAT TO 10235 07:12:16,001 --> 07:12:20,000 CHARGE, AND IN WHAT FORUM TO 10236 07:12:20,001 --> 07:12:23,000 BRING THE CHARGE. 10237 07:12:23,001 --> 07:12:25,000 SO I THINK THAT WE'RE IN THE 10238 07:12:25,001 --> 07:12:27,000 WRONG LOCATION TRYING TO INJECT 10239 07:12:27,001 --> 07:12:30,000 OURSELVES AS THE LEGISLATIVE 10240 07:12:30,001 --> 07:12:32,000 BRANCH OF GOVERNMENT INTO THE 10241 07:12:32,001 --> 07:12:35,000 EXECUTIVE DETERMINATION AS TO 10242 07:12:35,001 --> 07:12:37,000 WHERE A CASE SHOULD BE BROUGHT. 10243 07:12:37,001 --> 07:12:39,000 IT MAY VERY WELL BE THAT A GREAT 10244 07:12:39,001 --> 07:12:40,000 NUMBER OF THESE CASES SHOULD BE 10245 07:12:40,001 --> 07:12:42,000 BROUGHT IN MILITARY COMMISSIONS, 10246 07:12:42,001 --> 07:12:44,000 BUT I DON'T THINK IT'S UP TO US 10247 07:12:44,001 --> 07:12:46,000 AS PROBLEMS OF THE SENATE TO -- 10248 07:12:46,001 --> 07:12:47,000 MELS OF SENATE TO FORCE THE 10249 07:12:47,001 --> 07:12:49,000 EXECUTIVE BRANCH'S HAND. 10250 07:12:49,001 --> 07:12:53,000 A SECOND POINT IS THAT WE HAVE 10251 07:12:53,001 --> 07:12:55,000 HAD VERY BAD LUCK WITH THESE 10252 07:12:55,001 --> 07:12:57,000 MILITARY COMMISSIONS SO FAR. 10253 07:12:57,001 --> 07:12:58,000 THEY -- MANY BELIEVE THAT THE 10254 07:12:58,001 --> 07:13:00,000 PROCEDURES FOR THOSE COMMISSIONS 10255 07:13:00,001 --> 07:13:03,000 DID NOT AFFORD ADEQUATE PROCESS 10256 07:13:03,001 --> 07:13:05,000 TO THE ACCUSED AND, AS A RESULT, 10257 07:13:05,001 --> 07:13:09,000 THE PERCEIVED LEGITIMACY OF THE 10258 07:13:09,001 --> 07:13:10,000 COMMISSIONS WAS UNDERMINE, AS A 10259 07:13:10,001 --> 07:13:11,000 FINDING OF THE DETENTION POLICY 10260 07:13:11,001 --> 07:13:13,000 TASK FORCE. 10261 07:13:13,001 --> 07:13:16,000 SOME OF THOSE SHORTCOMINGS HAVE 10262 07:13:16,001 --> 07:13:18,000 BEEN IMPROVED UPON RECENTLY, BUT 10263 07:13:18,001 --> 07:13:21,000 WE ARE AT A STAGE AT THIS POINT 10264 07:13:21,001 --> 07:13:22,000 IN WHICH ARTICLE 3 COURTS, 10265 07:13:22,001 --> 07:13:25,000 TRADITIONAL AMERICAN COURTS, 10266 07:13:25,001 --> 07:13:27,000 HAVE HANDLED 119 TERRORISM 10267 07:13:27,001 --> 07:13:29,000 CASES. 10268 07:13:29,001 --> 07:13:31,000 WITH 289 DEFENDANTS. 10269 07:13:31,001 --> 07:13:34,000 OF THOSE 75 CASES ARE STILL 10270 07:13:34,001 --> 07:13:38,000 PENDING IN OUR COURTS, BUT 195 10271 07:13:38,001 --> 07:13:41,000 DEFENDANTS HAVE BEEN CONVICTED 10272 07:13:41,001 --> 07:13:44,000 AND OUR CONVICTION RATE HAS BEEN 91%. 10273 07:13:44,001 --> 07:13:47,000 OUR BURE ROAF PRISONS CURRENTLY 10274 07:13:47,001 --> 07:13:50,000 -- BUREAU OF PRISONS CURRENTLY 10275 07:13:50,001 --> 07:13:53,000 HODES 355 TERRORISTS IN ITS FACILITIES. 10276 07:13:53,001 --> 07:13:57,000 216 INTERNATIONAL TERRORISTS AND 10277 07:13:57,001 --> 07:14:00,000 139 DOMESTIC TERRORISTS. 10278 07:14:00,001 --> 07:14:02,000 SO REGULAR, TRADITIONAL AMERICAN 10279 07:14:02,001 --> 07:14:03,000 LAW ENFORCEMENT, PROSECUTION BY 10280 07:14:03,001 --> 07:14:08,000 THE DEPARTMENT OF JUSTICE, IS A 10281 07:14:08,001 --> 07:14:10,000 TRIED AND TRUE VEHLE FOR 10282 07:14:10,001 --> 07:14:14,000 PROSECUTING AN PUNISHING TERRORISTS. 10283 07:14:14,001 --> 07:14:19,000 BY CONTRAST, THE GITMO MILITARY 10284 07:14:19,001 --> 07:14:21,000 TRIBUNALS HAVE CONVICTED THREE 10285 07:14:21,001 --> 07:14:24,000 DETAINEES AFTER ALL OF THOSE 10286 07:14:24,001 --> 07:14:26,000 YEARS OF TROUBLE AND EFFORT. 10287 07:14:26,001 --> 07:14:28,000 289 DEFENDANTS CONVICTED IN OUR 10288 07:14:28,001 --> 07:14:31,000 CRIMINAL COURTS, THREE IN OUR 10289 07:14:31,001 --> 07:14:33,000 MILITARY COMMISSIONS. 10290 07:14:33,001 --> 07:14:34,000 SO I SUBMIT THAT THERE MAY BE 10291 07:14:34,001 --> 07:14:35,000 VERY GOOD LOGIC FOR THESE 10292 07:14:35,001 --> 07:14:37,000 MILITARY COMMISSIONS, BUT IT IS 10293 07:14:37,001 --> 07:14:40,000 NOT A WISE DECISION AND NOT 10294 07:14:40,001 --> 07:14:42,000 PROPERLY OUR DECISION TO FORCE 10295 07:14:42,001 --> 07:14:45,000 THE HAND OF THE EXECUTIVE BRANCH 10296 07:14:45,001 --> 07:14:47,000 OF GOVERNMENT AND CLOSE DOWN THE 10297 07:14:47,001 --> 07:14:50,000 SIDE OF THE WAR ON TERROR THAT 10298 07:14:50,001 --> 07:14:52,000 HAS BEEN MOST EFFECTIVE AT 10299 07:14:52,001 --> 07:14:53,000 INCARCERATING AND PUNISHING OUR 10300 07:14:53,001 --> 07:14:55,000 TERRORIST ENEMIES. 10301 07:14:55,001 --> 07:14:56,000 WITH THAT, I YIELD THE FLOOR 10302 07:14:56,001 --> 07:14:57,000 BACK TO MY DISTINGUISHED 10303 07:14:57,001 --> 07:15:02,000 COLLEAGUE AND AGAIN THANK HIM 10304 07:15:02,001 --> 07:15:04,000 FOR HIS COURTESY. 10305 07:15:04,001 --> 07:15:05,000 MR. DeMINT: MADAM PRESIDENT. 10306 07:15:05,001 --> 07:15:07,000 THE PRESIDING OFFICER: THE 10307 07:15:07,001 --> 07:15:08,000 SENATOR FROM SOUTH CAROLINA. 10308 07:15:08,001 --> 07:15:09,000 MR. DeMINT: SOUTH CAROLINA IS RIGHT. 10309 07:15:09,001 --> 07:15:11,000 THANK YOU, MADAM PRESIDENT. 10310 07:15:11,001 --> 07:15:13,000 I WOULD FIRST LIKE TO JUST 10311 07:15:13,001 --> 07:15:14,000 ASSOCIATE MYSELF WITH LEADER 10312 07:15:14,001 --> 07:15:16,000 McCONNELL AND THANK HIM FOR 10313 07:15:16,001 --> 07:15:17,000 HIS LEADERSHIP ON THE GUANTANAMO 10314 07:15:17,001 --> 07:15:18,000 BAY ISSUE. 10315 07:15:18,001 --> 07:15:20,000 I KNOW AS THE PRESIDENT LOOKS TO 10316 07:15:20,001 --> 07:15:23,000 TO -- TO CLOSE THIS FACILITY 10317 07:15:23,001 --> 07:15:25,000 WHICH COSTS THE AMERICAN 10318 07:15:25,001 --> 07:15:26,000 TAXPAYER $275 MILLION, THE 10319 07:15:26,001 --> 07:15:29,000 PEOPLE AROUND THE COUNTRY, 10320 07:15:29,001 --> 07:15:30,000 INCLUDING MY OWN STATE, 10321 07:15:30,001 --> 07:15:31,000 CHARLESTON, SOUTH CAROLINA, ARE 10322 07:15:31,001 --> 07:15:33,000 CONCERNED THAT WE'RE NOW GOING 10323 07:15:33,001 --> 07:15:37,000 TO MOVE SOME OF THE WORLD'S MOST 10324 07:15:37,001 --> 07:15:38,000 DANGEROUS PEOPLE INTO A CIVILIAN 10325 07:15:38,001 --> 07:15:41,000 AREA THAT IS NOT DESIGNED FOR 10326 07:15:41,001 --> 07:15:43,000 THIS TYPE OF SECURITY THREAT, 10327 07:15:43,001 --> 07:15:45,000 AND I APPRECIATE SENATOR 10328 07:15:45,001 --> 07:15:47,000 McCONNELL'S LEADERSHIP ON THIS 10329 07:15:47,001 --> 07:15:49,000 AND TRYING TO BRING SOME RATIONAL THINKING. 10330 07:15:49,001 --> 07:15:50,000 BUT I'D LIKE TO TAKE A BREAK 10331 07:15:50,001 --> 07:15:51,000 FROM THE DISCUSSION OF 10332 07:15:51,001 --> 07:15:52,000 GUANTANAMO BAY AND THE 10333 07:15:52,001 --> 07:15:55,000 APPROPRIATION BILLS THAT WE HAVE 10334 07:15:55,001 --> 07:15:56,000 ON THE FLOOR JUST TO DISCUSS 10335 07:15:56,001 --> 07:15:57,000 BRIEFLY THE SITUATION IN 10336 07:15:57,001 --> 07:15:59,000 HONDURAS. 10337 07:15:59,001 --> 07:16:02,000 HONDURAS IS ONE OF AMERICA'S 10338 07:16:02,001 --> 07:16:04,000 BEST ALLIES IN THIS HEMISPHERE. 10339 07:16:04,001 --> 07:16:06,000 FOR THE LAST FOUR MONTHS, THEY 10340 07:16:06,001 --> 07:16:09,000 HAVE BEEN INVOLVED IN A CONSTITUTIONAL CRISIS. 10341 07:16:09,001 --> 07:16:12,000 I HAVE BEEN VERY CRITICAL OF THE 10342 07:16:12,001 --> 07:16:13,000 ADMINISTRATION'S HANDLING OF THE 10343 07:16:13,001 --> 07:16:15,000 HONDURAS SITUATION. 10344 07:16:15,001 --> 07:16:17,000 IN FACT, I HAVE HELD TWO 10345 07:16:17,001 --> 07:16:20,000 NOMINEES, ONE TO LATIN AMERICA, 10346 07:16:20,001 --> 07:16:22,000 ONE TO BRAZIL, IN ORDER TO SHINE 10347 07:16:22,001 --> 07:16:24,000 A SPOTLIGHT ON THE SITUATION AND 10348 07:16:24,001 --> 07:16:27,000 GET THIS ADMINISTRATION AND THIS 10349 07:16:27,001 --> 07:16:30,000 CONGRESS TO FOCUS ON WHAT I 10350 07:16:30,001 --> 07:16:32,000 CONSIDERED WAS VERY BAD POLICY 10351 07:16:32,001 --> 07:16:33,000 TOWARDS A VERY CLOSE FRIEND OF 10352 07:16:33,001 --> 07:16:35,000 THE UNITED STATES. 10353 07:16:35,001 --> 07:16:37,000 AND WHILE I HAVE BEEN VERY 10354 07:16:37,001 --> 07:16:40,000 CRITICAL, I THINK IT'S IMPORTANT 10355 07:16:40,001 --> 07:16:43,000 WHEN T ADMINISTRATION CHANGES 10356 07:16:43,001 --> 07:16:44,000 ITS VIEW AND PUTS THINGS ON THE 10357 07:16:44,001 --> 07:16:50,000 RIGHT COURSE, I WANT TO BE THE 10358 07:16:50,001 --> 07:16:52,000 FIRST TO THANK SECRETARY 10359 07:16:52,001 --> 07:16:54,000 CLINTON, SECRE 10360 07:16:54,001 --> 07:16:56,000 FOR THEIR WORK IN HONDURAS AND 10361 07:16:56,001 --> 07:16:57,000 WANTED TO TALK A LITTLE BIT 10362 07:16:57,001 --> 07:16:59,000 ABOUT THAT SITUATION. 10363 07:16:59,001 --> 07:17:02,000 AS PT OF MY TALK, I WANT TO 10364 07:17:02,001 --> 07:17:05,000 MAKE SURE SENATOR REID KNOWS 10365 07:17:05,001 --> 07:17:07,000 THAT IT IS MY INTENT TO RELEASE 10366 07:17:07,001 --> 07:17:09,000 MY HOLDS ON THE NOMINEES SO THAT 10367 07:17:09,001 --> 07:17:11,000 THEY CAN MOVE FORWARD NOW THAT I 10368 07:17:11,001 --> 07:17:15,000 BELIEVE THE ADM 10369 07:17:15,001 --> 07:17:16,000 SET A GOOD COURSE FOR OUR ALLIES 10370 07:17:16,001 --> 07:17:17,000 IN HONDURAS. 10371 07:17:17,001 --> 07:17:20,000 LET ME JUST TAKE A FEW MINUTES 10372 07:17:20,001 --> 07:17:22,000 TO GO THROUGH THE BACKGROUND ON 10373 07:17:22,001 --> 07:17:23,000 THIS SITUATION BECAUSE NOT MANY 10374 07:17:23,001 --> 07:17:26,000 PEOPLE AROUND THE COUNTRY OR 10375 07:17:26,001 --> 07:17:28,000 EVEN IN THE CONGRESS HAVE PAID 10376 07:17:28,001 --> 07:17:31,000 MUCH ATTENTION TO THIS. 10377 07:17:31,001 --> 07:17:33,000 OVER FOUR MONTHS AGO, I BELIEVE 10378 07:17:33,001 --> 07:17:35,000 OUR ADMINISTRATION RUSHED TO 10379 07:17:35,001 --> 07:17:38,000 JUDGMENT IN DECLARING THE 10380 07:17:38,001 --> 07:17:43,000 REMOVAL OF PRESIDENT ZALIAH FROM 10381 07:17:43,001 --> 07:17:44,000 OFFICE AS A MILITARY COUP. 10382 07:17:44,001 --> 07:17:45,000 ALL BRANC 10383 07:17:45,001 --> 07:17:51,000 GOVERNMENT AGREED THAT HE SHOULD 10384 07:17:51,001 --> 07:17:56,000 HAVE BEEN REMOVED. 10385 07:17:56,001 --> 07:17:58,000 TRIBUNAL, THE ATTORNEY GENERAL, 10386 07:17:58,001 --> 07:18:05,000 THE SUPREME COURT. 10387 07:18:05,001 --> 07:18:07,000 ALL INSTITUTIONS OF DEMOCRACY IN HONDURAS AGREED THAT THE 10388 07:18:07,001 --> 07:18:08,000 PRESIDENT HAD VIOLATED THE 10389 07:18:08,001 --> 07:18:09,000 CONSTITUTION AND THE LAW AND 10390 07:18:09,001 --> 07:18:10,000 NEED TO BE REMOVED FROM 10391 07:18:10,001 --> 07:18:12,000 OFFICE. 10392 07:18:12,001 --> 07:18:16,000 FOR WEEKS LEADING UP TO HIS 10393 07:18:16,001 --> 07:18:18,000 ARREST, PRESIDENT MANUEL ZALIAH 10394 07:18:18,001 --> 07:18:20,000 DEFIED HIS NATION'S LAWS AND 10395 07:18:20,001 --> 07:18:21,000 ATTEMPTED TO ILLEGALLY REWRITE 10396 07:18:21,001 --> 07:18:23,000 THE HONDURAN CONSTITUTION SO 10397 07:18:23,001 --> 07:18:30,000 THAT HE COULD REMAIN IN OFFICE 10398 07:18:30,001 --> 07:18:31,000 PAST HIS TERM. 10399 07:18:31,001 --> 07:18:33,000 THAT PROBABLY SOUNDS FAMILIAR 10400 07:18:33,001 --> 07:18:36,000 BECAUSE THAT'S THE SAME COURSE 10401 07:18:36,001 --> 07:18:39,000 HUGO CHAVEZ HAS TAKEN IN 10402 07:18:39,001 --> 07:18:41,000 VENEZUELA, ORTEGA IN NICARAGUA. 10403 07:18:41,001 --> 07:18:43,000 OF COURSE WE KNOW ABOUT THE CASTROS. 10404 07:18:43,001 --> 07:18:46,000 OF COURSE IT'S PAN DEMOCRAT NICK 10405 07:18:46,001 --> 07:18:47,000 LATIN 10406 07:18:47,001 --> 07:18:49,000 ELECT LEADERS WHO CHANGE THE 10407 07:18:49,001 --> 07:18:51,000 CONSTITUTION AND BECOME DICTATORS. 10408 07:18:51,001 --> 07:18:53,000 AND ZALIAH WAS ON THAT SAME 10409 07:18:53,001 --> 07:18:54,000 COURSE UNTIL THE DEMOCRATIC 10410 07:18:54,001 --> 07:18:55,000 INSTITUTIONS IN HONDURAS STOPPED 10411 07:18:55,001 --> 07:18:58,000 HIM SHORT. 10412 07:18:58,001 --> 07:19:00,000 HE ATTEMPTED TO FORCE A NATIONAL 10413 07:19:00,001 --> 07:19:04,000 VOTE TO ALLOW HIMSELF TO STAY IN 10414 07:19:04,001 --> 07:19:07,000 OFFICE. 10415 07:19:07,001 --> 07:19:09,000 AND HE WENT SO FAR AS TO TRY TO 10416 07:19:09,001 --> 07:19:10,000 RELIEVE A VIOLENT MOB TO TRY TO 10417 07:19:10,001 --> 07:19:12,000 RETRIEVE BALLO THAT HAD BEEN 10418 07:19:12,001 --> 07:19:14,000 PRINTED IN VENEZUELA THAT HAD 10419 07:19:14,001 --> 07:19:16,000 BEEN CONFISCATED BY THE HONDURAN 10420 07:19:16,001 --> 07:19:17,000 AUTHORITIES SO HE COULD NOT HAVE 10421 07:19:17,001 --> 07:19:18,000 THE NATIONAL REFERENDUM THAT HE 10422 07:19:18,001 --> 07:19:20,000 WANTED TO HAVE. 10423 07:19:20,001 --> 07:19:21,000 AS I MENTIONED BEFORE, EVERY 10424 07:19:21,001 --> 07:19:24,000 HONDURAN INSTITUTION SUPPORTED 10425 07:19:24,001 --> 07:19:27,000 HIS REMOVAL. 10426 07:19:27,001 --> 07:19:29,000 BECAUSE OF HIS OPEN DEFIANCE OF 10427 07:19:29,001 --> 07:19:31,000 THE LAWS AND THE CONSTITUTION. 10428 07:19:31,001 --> 07:19:34,000 THE PEOPLE OF HONDURAS HAVE 10429 07:19:34,001 --> 07:19:35,000 STRUGGLED TOO LONG TO HAVE THEIR 10430 07:19:35,001 --> 07:19:36,000 HARD-WON DEMOCRACY STOLEN FROM 10431 07:19:36,001 --> 07:19:38,000 THEM BY A WOULD-BE DICTATOR. 10432 07:19:38,001 --> 07:19:39,000 THE HONDURAN GOVERNMENT HAD 10433 07:19:39,001 --> 07:19:41,000 LITTLE CHOICE BUT TO ACT IN 10434 07:19:41,001 --> 07:19:42,000 ACCORDANCE TO THE HONDURAN 10435 07:19:42,001 --> 07:19:47,000 CONSTITUTION IN THEIR OWN RULE OF LAW. 10436 07:19:47,001 --> 07:19:49,000 THEY HAD TO REMOVE ZELAYA FROM 10437 07:19:49,001 --> 07:19:51,000 OFFICE TO PROTECT THEIR DEMOCRACY. 10438 07:19:51,001 --> 07:19:53,000 SINCE JUNE, OUR OWN LAW LIBRARY 10439 07:19:53,001 --> 07:19:56,000 OF CONGRESS MADE PUBLIC A 10440 07:19:56,001 --> 07:19:57,000 THOROUGH REPORT DEFENDING THE 10441 07:19:57,001 --> 07:19:59,000 ACTIONS UNDERTAKEN BY THE 10442 07:19:59,001 --> 07:20:01,000 HONDURAN INSTITUTIONS IN 10443 07:20:01,001 --> 07:20:02,000 CONTRADICTING THE CLAIMS MADE BY 10444 07:20:02,001 --> 07:20:05,000 THE OBAMA ADMINISTRATION. 10445 07:20:05,001 --> 07:20:07,000 OUR OWN STATE DEPARTMENT SAYS 10446 07:20:07,001 --> 07:20:08,000 THEY HAVE SECRET LEGAL MEMOS OF 10447 07:20:08,001 --> 07:20:10,000 THEIR OWN SUPPORTING THEIR OWN 10448 07:20:10,001 --> 07:20:12,000 ACTION, BUT THEY HAVE REFUSED 10449 07:20:12,001 --> 07:20:14,000 OUR REQUEST TO RELEASE THEM AND 10450 07:20:14,001 --> 07:20:15,000 THEY HAVE KEPT THEM HIDDEN FROM 10451 07:20:15,001 --> 07:20:17,000 THE PUBLIC. 10452 07:20:17,001 --> 07:20:19,000 INSTEAD OF SIDING WITH THE 10453 07:20:19,001 --> 07:20:20,000 HONDURAN PEOPLE, THE 10454 07:20:20,001 --> 07:20:24,000 ADMINISTRATION DECIDED TO PUT 10455 07:20:24,001 --> 07:20:26,000 THEIR FULL SUPPORT BEHIND 10456 07:20:26,001 --> 07:20:28,000 MR. ZELAYA, WHO IS A CLOSE ALLY 10457 07:20:28,001 --> 07:20:31,000 OF HUGO CHAVEZ AND WHOM THE 10458 07:20:31,001 --> 07:20:32,000 STATE DEPARTMENT EVEN SAID HAD 10459 07:20:32,001 --> 07:20:34,000 UNDERTAKEN PROVOCATIVE ACTIONS 10460 07:20:34,001 --> 07:20:36,000 THAT LED TO HIS REMOVAL. 10461 07:20:36,001 --> 07:20:39,000 DESPITE THIS ADMISSION, THE 10462 07:20:39,001 --> 07:20:40,000 OBAMA ADMINISTRATN HAS WAGED A 10463 07:20:40,001 --> 07:20:43,000 WAR DIRECTLY AGAINST THE 10464 07:20:43,001 --> 07:20:45,000 HONDURAN PEOPLE BY DENYING 10465 07:20:45,001 --> 07:20:46,000 VISAS, TERMINATING AID, AND 10466 07:20:46,001 --> 07:20:48,000 REFUSING TO ACKNOWLEDGE THAT 10467 07:20:48,001 --> 07:20:53,000 FREE A FAIR ELECTIONS WOULD 10468 07:20:53,001 --> 07:20:54,000 SOLVE THE PROBLEMS IN HONDURAS. 10469 07:20:54,001 --> 07:20:56,000 THE PRESENT ELECTION IS ON 10470 07:20:56,001 --> 07:20:58,000 SCHEDULE FOR NOVEMBER 29. 10471 07:20:58,001 --> 07:20:59,000 IT HAS BEEN SCHEDULED THAT WAY 10472 07:20:59,001 --> 07:21:02,000 SINCE 1982 WHEN THEIR 10473 07:21:02,001 --> 07:21:07,000 CONSTITUTION WAS PUT IN PLACE. 10474 07:21:07,001 --> 07:21:08,000 UNDER HONDURAS' ONE-TERM LIMIT 10475 07:21:08,001 --> 07:21:10,000 REQUIREMENT, ZELAYA COULD NOT 10476 07:21:10,001 --> 07:21:16,000 HAVE SOUGHT RE-ELECTION ANYWAY. 10477 07:21:16,001 --> 07:21:18,000 THE CURRENT PRESIDENT ROBERTO 10478 07:21:18,001 --> 07:21:19,000 ICHILETTI, WHO I JUST GOT OFF 10479 07:21:19,001 --> 07:21:23,000 THE PHONE WITH, HE WAS INSTALLED 10480 07:21:23,001 --> 07:21:24,000 AFTER ZELAYA'S REMOVAL PER THE 10481 07:21:24,001 --> 07:21:25,000 CONSTITUTION, AND HE IS NOT ON 10482 07:21:25,001 --> 07:21:29,000 THE BALLOT EITHER. 10483 07:21:29,001 --> 07:21:30,000 HE IS NOT SEEKING POWER IN 10484 07:21:30,001 --> 07:21:33,000 HONDURAS. 10485 07:21:33,001 --> 07:21:34,000 THE PRESIDENTIAL CANDIDATES WERE 10486 07:21:34,001 --> 07:21:36,000 NOMINATED IN PRIMARIES OVEA 10487 07:21:36,001 --> 07:21:38,000 YEAR AGO AND ALL OF THEM, 10488 07:21:38,001 --> 07:21:39,000 INCLUDING ZELAYA'S FORMER VICE 10489 07:21:39,001 --> 07:21:40,000 PRESIDENT, EXPECT THESE 10490 07:21:40,001 --> 07:21:44,000 ELECTIONS TO BE FREE AND FAIR 10491 07:21:44,001 --> 07:21:45,000 AND TRANSPARENT, AS HAS EVERY 10492 07:21:45,001 --> 07:21:49,000 OTHER HONDURAN ELECTION FOR 10493 07:21:49,001 --> 07:21:51,000 ALMOST A GENERATION. 10494 07:21:51,001 --> 07:21:53,000 SO AS I HAVE SAID, I HAVE BEEN 10495 07:21:53,001 --> 07:21:54,000 TERRIBLY DISAPPOINTED WITH THE 10496 07:21:54,001 --> 07:21:56,000 ADMINISTRATION'S POLICIES ON 10497 07:21:56,001 --> 07:21:59,000 HONDURAS AND HAVE CONSISTENTLY 10498 07:21:59,001 --> 07:22:02,000 ARGUED THAT THE UPCOMING NOVEMBER 29 ELECTIONS ARE THE 10499 07:22:02,001 --> 07:22:05,000 ONLY WAY OUT OF THIS MESS, AND 10500 07:22:05,001 --> 07:22:06,000 WE AS A NATION HAVE TO SEND THE 10501 07:22:06,001 --> 07:22:07,000 SIGNALS THAT WE WILL RECOGNIZE 10502 07:22:07,001 --> 07:22:09,000 THESE ELECTIONS. 10503 07:22:09,001 --> 07:22:11,000 I PERSONALLY VISITED HONDURAS 10504 07:22:11,001 --> 07:22:14,000 LAST MONTH AND WAS SATISFIED AS 10505 07:22:14,001 --> 07:22:20,000 TO THE LEGITIMACY OF THE INTERIM 10506 07:22:20,001 --> 07:22:21,000 GOVERNMENT OF MICHELETTI AND THE 10507 07:22:21,001 --> 07:22:22,000 LEGITIMACY OF THE LONSCHEDULED 10508 07:22:22,001 --> 07:22:24,000 PRESIDENTIAL ELECTIONS THAT WILL 10509 07:22:24,001 --> 07:22:27,000 BE HELD LATER THIS MONTH. 10510 07:22:27,001 --> 07:22:30,000 I'M HAPPY TO REPORT TODAY THAT 10511 07:22:30,001 --> 07:22:31,000 AFTER MANY MONTHS, SECRETARY 10512 07:22:31,001 --> 07:22:33,000 CLINTON AND SECRETARY SHANNON 10513 07:22:33,001 --> 07:22:35,000 HAVE LED THE OBAMA 10514 07:22:35,001 --> 07:22:36,000 ADMINISTRATION BACK IN THE RIGHT 10515 07:22:36,001 --> 07:22:40,000 DIRECTION. 10516 07:22:40,001 --> 07:22:43,000 I MET YESTERDAY WITH THE ASSISTANT SECRETARY OF STATE OF 10517 07:22:43,001 --> 07:22:45,000 LATIN AMERICA, TOM SHANNON, AND 10518 07:22:45,001 --> 07:22:47,000 I SPOKE TODAY WITH SECRETARY 10519 07:22:47,001 --> 07:22:50,000 CLINTON, AND I CAN REPORT THAT 10520 07:22:50,001 --> 07:22:51,000 WE NOW APPEAR TO BE ON THE RIGHT 10521 07:22:51,001 --> 07:22:53,000 TRACK. 10522 07:22:53,001 --> 07:22:55,000 BOTH ASSISTANT SECRETARY SHANNON 10523 07:22:55,001 --> 07:22:57,000 AND SECRETARY CLINTON ASSURED ME 10524 07:22:57,001 --> 07:22:58,000 THAT NOTWITHSTANDING ANY 10525 07:22:58,001 --> 07:22:59,000 PREVIOUS STATEMENTS BY 10526 07:22:59,001 --> 07:23:03,000 ADMINISTRATION OFFICIALS, THE 10527 07:23:03,001 --> 07:23:05,000 UNITED STATES WILL RECOGNIZE THE 10528 07:23:05,001 --> 07:23:06,000 NOVEMBER 29 HONDURAN ELECTION, 10529 07:23:06,001 --> 07:23:08,000 REGARDLESS OF WHETHER THE 10530 07:23:08,001 --> 07:23:10,000 HONDURAS GOVERNMENT VOTES TO 10531 07:23:10,001 --> 07:23:12,000 REINSTATE ZELAYA. 10532 07:23:12,001 --> 07:23:13,000 AND THEY HAVE MADE IT CLEAR THE 10533 07:23:13,001 --> 07:23:14,000 ADMINISTRATION WILL RECOGNIZE 10534 07:23:14,001 --> 07:23:17,000 THE ELECTIONS REGARDLESS OF 10535 07:23:17,001 --> 07:23:19,000 WHETHER THE HONDURAN CONGRESS 10536 07:23:19,001 --> 07:23:23,000 VOTES ON THE ZELAYA RESTATEMENT 10537 07:23:23,001 --> 07:23:25,000 BEFORE OR AFTER THE NOVEMBER 29 10538 07:23:25,001 --> 07:23:28,000 ELECTION. 10539 07:23:28,001 --> 07:23:29,000 THE INDEPENDENCE, TRANSPARENCY, 10540 07:23:29,001 --> 07:23:30,000 AND FAIRNESS OF THOSE ELECTIONS 10541 07:23:30,001 --> 07:23:32,000 HAS NEVER BEEN IN DOUBT, AND NOW 10542 07:23:32,001 --> 07:23:35,000 THANKS TO THE REVERSAL OF THE 10543 07:23:35,001 --> 07:23:36,000 OBAMA ADMINISTRATION, THE NEW 10544 07:23:36,001 --> 07:23:39,000 GOVERNMENTS SWORN INTO OFFICE 10545 07:23:39,001 --> 07:23:40,000 NEXT JANUARY CAN EXPECT THE FULL 10546 07:23:40,001 --> 07:23:42,000 SUPPORT OF THE UNITED STATES AND 10547 07:23:42,001 --> 07:23:45,000 I HOPE THE ENTIRE INTERNATIONAL COMMUNITY. 10548 07:23:45,001 --> 07:23:46,000 I APPLAUD THE ADMINISTRATION. 10549 07:23:46,001 --> 07:23:48,000 I'M THANKFUL THAT THEY HAVE 10550 07:23:48,001 --> 07:23:51,000 ENDED ITS FOCUS ON WHO I 10551 07:23:51,001 --> 07:23:53,000 CONSIDER A WOULD-BE DICTATOR 10552 07:23:53,001 --> 07:23:55,000 ZELAYA AND IS NOW STANDING 10553 07:23:55,001 --> 07:23:57,000 FIRMLY WITH THE HONDURAS PEOPLE 10554 07:23:57,001 --> 07:23:59,000 AND FOR A HONDURAN SOLUTION TO 10555 07:23:59,001 --> 07:24:01,000 THIS PROBLEM. 10556 07:24:01,001 --> 07:24:02,000 TODAY STOPS -- REALLY STARTS A 10557 07:24:02,001 --> 07:24:05,000 MAJOR STEP FORWARD FOR THE CAUSE 10558 07:24:05,001 --> 07:24:07,000 OF FREEDOM AND DEMOCRACY FOR THE WESTERN HEMISPHERE, FOR THE 10559 07:24:07,001 --> 07:24:09,000 UNITED STATES, AND ESPECIALLY 10560 07:24:09,001 --> 07:24:10,000 FOR THE BRAVE PEOPLE OF 10561 07:24:10,001 --> 07:24:12,000 HONDURAS. 10562 07:24:12,001 --> 07:24:13,000 THEY'RE PROVING THAT DESPITE 10563 07:24:13,001 --> 07:24:16,000 CRUSHING HARDSHIPS AND 10564 07:24:16,001 --> 07:24:17,000 IMPOSSIBLE ODDS, FREEDOM AND 10565 07:24:17,001 --> 07:24:20,000 DEMOCRACY CAN SUCCEED ANYWHERE 10566 07:24:20,001 --> 07:24:21,000 PEOPLE ARE WILLING TO FIGHT FOR 10567 07:24:21,001 --> 07:24:22,000 IT. 10568 07:24:22,001 --> 07:24:25,000 THE CONDEMNATION HEAPED ON THE 10569 07:24:25,001 --> 07:24:28,000 FREE PEOPLE OF HONDURAS THESE 10570 07:24:28,001 --> 07:24:29,000 LAST SEVERAL MONTHS NEVER HAD TO HAPPEN. 10571 07:24:29,001 --> 07:24:31,000 THE OBAMA ADMINISTRATION ERRED 10572 07:24:31,001 --> 07:24:32,000 IN ITS ASSESSMENT OF THE 10573 07:24:32,001 --> 07:24:35,000 SITUATION ON HONDURAS BECAUSE OF 10574 07:24:35,001 --> 07:24:36,000 A RUSH TO JUDGMENT BASED ON BAD 10575 07:24:36,001 --> 07:24:39,000 INFORMATION. 10576 07:24:39,001 --> 07:24:41,000 I THINK WE HAVE ALL LEARNED A 10577 07:24:41,001 --> 07:24:44,000 LESSON ABOUT DISTINGUISHING 10578 07:24:44,001 --> 07:24:47,000 FRIENDS FROM FOES, AND THE 10579 07:24:47,001 --> 07:24:48,000 PARAMOUNT IMPORTANCE OF 10580 07:24:48,001 --> 07:24:49,000 CONSTITUTIONAL DEMOCRACY TO 10581 07:24:49,001 --> 07:24:50,000 INTERNATIONAL STABILITY. 10582 07:24:50,001 --> 07:24:53,000 FOR MONTHS, I HAVE MADE IT CLEAR 10583 07:24:53,001 --> 07:24:54,000 THAT I WOULD CONTINUE TO OBJECT 10584 07:24:54,001 --> 07:24:56,000 TO TWO STATE DEPARTMENT 10585 07:24:56,001 --> 07:24:58,000 NOMINATIONS UNTIL THE U.S. 10586 07:24:58,001 --> 07:24:59,000 REVERSED ITS FLAWED HONDURAS 10587 07:24:59,001 --> 07:25:00,000 POLICY. 10588 07:25:00,001 --> 07:25:03,000 MY GOAL HAS BEEN TO GET THIS 10589 07:25:03,001 --> 07:25:04,000 ADMINISTRATION TO RECOGNIZE THE 10590 07:25:04,001 --> 07:25:07,000 NOVEMBER 29 ELECTIONS. 10591 07:25:07,001 --> 07:25:08,000 NOW THAT THIS HAS HAPPENED, I 10592 07:25:08,001 --> 07:25:11,000 WILL -- I WILL KEEP MY PART OF 10593 07:25:11,001 --> 07:25:14,000 THE BARGAIN AND I WILL RELEASE 10594 07:25:14,001 --> 07:25:16,000 THESE HOLDS AND I WILL NOTIFY 10595 07:25:16,001 --> 07:25:19,000 SENATOR REID THAT THESE 10596 07:25:19,001 --> 07:25:20,000 NOMINATIONS CAN MOVE AHEAD ON 10597 07:25:20,001 --> 07:25:22,000 HIS SCHEDULE. 10598 07:25:22,001 --> 07:25:23,000 IT'S NO SECRET THAT I HAVE BEEN 10599 07:25:23,001 --> 07:25:25,000 CRITICAL OF THE ADMINISTRATION 10600 07:25:25,001 --> 07:25:27,000 OF HANDLING THESE ISSUES, BUT I 10601 07:25:27,001 --> 07:25:30,000 WANT TO TAKE THIS OPPORTUNITY 10602 07:25:30,001 --> 07:25:33,000 TODAY TO THANK SECRETARY CLINTON 10603 07:25:33,001 --> 07:25:34,000 AND SHANNON FOR RE-ENGAGING THE 10604 07:25:34,001 --> 07:25:40,000 HONDURAN GOVERNMENT AND WORKING 10605 07:25:40,001 --> 07:25:43,000 OUT A SOLUTION THAT PRESIDENT 10606 07:25:43,001 --> 07:25:46,000 MICHELETTI AND THE GOVERNMENT IN 10607 07:25:46,001 --> 07:25:47,000 HONDURAS AS WELL AS THE HONDURAN 10608 07:25:47,001 --> 07:25:49,000 PEOPLE FEEL IS FAIR. 10609 07:25:49,001 --> 07:25:52,000 THERE ARE STILL A NUMBER OF CONCERNS. 10610 07:25:52,001 --> 07:25:53,000 I TALKED TO PRESIDENT MICHELETTI 10611 07:25:53,001 --> 07:25:54,000 JUST MOMENTS AGO. 10612 07:25:54,001 --> 07:25:55,000 HE IS CONCERNED THAT THE 10613 07:25:55,001 --> 07:25:59,000 ORGANIZATION OF AMERICAN STATES 10614 07:25:59,001 --> 07:26:02,000 CONTINUES TO SUPPORT DEPOSED 10615 07:26:02,001 --> 07:26:04,000 PRESIDENT ZELAYAND ARE 10616 07:26:04,001 --> 07:26:07,000 ORGANIZING ALONG WITH ZELAYA A 10617 07:26:07,001 --> 07:26:08,000 LOT OF MISCHIEF RELATED TO THE 10618 07:26:08,001 --> 07:26:09,000 UPCOMING ELECTIONS, ENCOURAGING 10619 07:26:09,001 --> 07:26:12,000 PEOPLE TO TAKE TO THE STREETS 10620 07:26:12,001 --> 07:26:17,000 AND ENCOURAGING VIOLENCE. 10621 07:26:17,001 --> 07:26:18,000 I HOPE THE STATE DEPARTMENT AND 10622 07:26:18,001 --> 07:26:19,000 THE OBAMA ADMINISTRATION, ALONG 10623 07:26:19,001 --> 07:26:20,000 WITH THIS CONGRESS, WILL 10624 07:26:20,001 --> 07:26:21,000 CONT 10625 07:26:21,001 --> 07:26:25,000 PEOPLE AND MAKE SURE THAT THE 10626 07:26:25,001 --> 07:26:26,000 ORGANIZATION OF AMERICAN STATES 10627 07:26:26,001 --> 07:26:28,000 AND ANY OTHER COUNTRY WILL 10628 07:26:28,001 --> 07:26:32,000 SUPPORT THE AGREEMENT THAT HAS 10629 07:26:32,001 --> 07:26:34,000 BEEN SIGNED BY THE PEOPLE IN 10630 07:26:34,001 --> 07:26:36,000 HONDURAS AND WE HAVE AGREED TO. 10631 07:26:36,001 --> 07:26:37,000 SO AGAIN I'M VERY THANKFUL FOR 10632 07:26:37,001 --> 07:26:39,000 THE OPPORTUNITY TO SPEAK ON THIS 10633 07:26:39,001 --> 07:26:42,000 ISSUE, TO AGAIN BRING IT TO THE 10634 07:26:42,001 --> 07:26:43,000 ATTENTION OF THIS CONGRESS AND 10635 07:26:43,001 --> 07:26:46,000 THE AMERICAN PEOPLE, AND I LOOK 10636 07:26:46,001 --> 07:26:48,000 FORWARD TO RELEASING THE HOLDS 10637 07:26:48,001 --> 07:26:49,000 OF THESE NOMINATIONS AND 10638 07:26:49,001 --> 07:26:50,000 CONTINUING TO FOLLOW THE 10639 07:26:50,001 --> 07:26:54,000 SITUATION CLOSELY, PARTICULARLY 10640 07:26:54,001 --> 07:26:56,000 THE NOVEMBER 29 ELECTIONS AS 10641 07:26:56,001 --> 07:26:58,000 HONDURAS CONTINUES AS A FREE AND DEMOCRATIC NATION. 10642 07:26:58,001 --> 07:27:13,000 THANK YOU, MR. PRESIDENT, I 10643 07:27:13,001 --> 07:27:16,000 YIELD BACK. MR. DeMINT: MR. PRESIDENT, I 10644 07:27:16,001 --> 07:27:20,000 NOTE THE ABSENCE OF A THE PRESIDING OFFICER: THE CLERK 10645 07:27:20,001 --> 07:29:44,000 WILL CALL THE ROLL. 10646 07:29:44,001 --> 07:29:47,000 QUORUM CALL: 10647 07:29:47,001 --> 07:29:49,000 QUORUM CALL: 10648 07:29:49,001 --> 07:29:50,000 MS. MIKULSKI: MR. PRESIDENT? 10649 07:29:50,001 --> 07:29:54,000 THE PRESIDING OFFICER: THE 10650 07:29:54,001 --> 07:29:55,000 SE 10651 07:29:55,001 --> 07:29:56,000 THE SENATOR FROM MARYLANDMENT 10652 07:29:56,001 --> 07:29:57,000 MS. MIKULSKI: I ASK UNANIMOUS CONSENT THE CALL OF THE QUORUM 10653 07:29:57,001 --> 07:29:58,000 BE VACATED. 10654 07:29:58,001 --> 07:29:59,000 THE PRESIDG OFFICER: WIT 10655 07:29:59,001 --> 07:30:00,000 OBJECTION. 10656 07:30:00,001 --> 07:30:01,000 MS. MIKULSKI: MR. PRESIDENT, AS 10657 07:30:01,001 --> 07:30:02,000 THE CHAIRMAN OF THE COMMERCE 10658 07:30:02,001 --> 07:30:05,000 COMMITTEE ON JUSTICE, I ASK 10659 07:30:05,001 --> 07:30:07,000 UNANIMOUS CONSENT THAT ALL 10660 07:30:07,001 --> 07:30:09,000 POSTCLOTURE TIME BE YIELDED BACK 10661 07:30:09,001 --> 07:30:11,000 EXCEPT THE TEN MINUTES SPECIFIED 10662 07:30:11,001 --> 07:30:13,000 FOR DEBATE AS NOTED IN THIS 10663 07:30:13,001 --> 07:30:15,000 AGREEMENT, THAT THE SENATE NOW 10664 07:30:15,001 --> 07:30:18,000 RESUME THE COBURN AMENDMENTS 10665 07:30:18,001 --> 07:30:20,000 NUMBER 2631 AND 2667 AND THAT 10666 07:30:20,001 --> 07:30:22,000 PRIOR TO THE VOTES IN RELATION 10667 07:30:22,001 --> 07:30:24,000 TO EACH AMENDMENT IN THE ORDER 10668 07:30:24,001 --> 07:30:25,000 LISTED, THERE BE TWO MINUTES OF 10669 07:30:25,001 --> 07:30:27,000 DEBATE EQUALLY DIVIDED AND 10670 07:30:27,001 --> 07:30:28,000 CONTROLLED IN THE USUAL FORM. 10671 07:30:28,001 --> 07:30:31,000 THAT UPON THE USE OR YIELDING 10672 07:30:31,001 --> 07:30:34,000 BACK OF TIME, E SENATE PROCEED 10673 07:30:34,001 --> 07:30:35,000 TO VOTE IN RELATION TO THE 10674 07:30:35,001 --> 07:30:36,000 AMENDMENTS. 10675 07:30:36,001 --> 07:30:37,000 THAT UPON THE DISPORTION OF THE 10676 07:30:37,001 --> 07:30:39,000 COBURN AMENDMENTS, THE -- 10677 07:30:39,001 --> 07:30:41,000 THAT UPON THE DISPOSITION OF THE 10678 07:30:41,001 --> 07:30:42,000 COBURN AMENDMENTS, THE SENATE 10679 07:30:42,001 --> 07:30:43,000 RESUME THE GRAHAM AMENDMENT 10680 07:30:43,001 --> 07:30:45,000 NUMBER 2669. 10681 07:30:45,001 --> 07:30:46,000 AND PRIOR TO A VOTE IN RELATION 10682 07:30:46,001 --> 07:30:47,000 TO THAT AMENDMENT, THERE BE FOUR 10683 07:30:47,001 --> 07:30:52,000 MINUTES OF DEBATE EQUALLY 10684 07:30:52,001 --> 07:30:54,000 DIVIDED BETWEEN SENATORS GRAHAM 10685 07:30:54,001 --> 07:30:55,000 DESIGNEES, AND THAT UPON THE USE 10686 07:30:55,001 --> 07:30:56,000 OR YIELDING BACK OF TIME, THE 10687 07:30:56,001 --> 07:30:58,000 SENATE PROCEED TO VOTE IN 10688 07:30:58,001 --> 07:31:00,000 RELATION TO THE AMENDMENT. 10689 07:31:00,001 --> 07:31:03,000 THAT UPON THE DISPOSITION OF THE 10690 07:31:03,001 --> 07:31:04,000 GRAHAM AMENDMENT, THE SENATE 10691 07:31:04,001 --> 07:31:07,000 THEN RESUME TO THE ENSIGN 10692 07:31:07,001 --> 07:31:10,000 AMENDMENT NUMBER 2648, AS 10693 07:31:10,001 --> 07:31:12,000 MODIFIED, THAT THERE BE TWO 10694 07:31:12,001 --> 07:31:13,000 MINUTES OF DEBATE EQUALLY 10695 07:31:13,001 --> 07:31:16,000 DIVIDED AND CONTROLLED IN THE 10696 07:31:16,001 --> 07:31:17,000 USUAL FORM PRIOR TO A VOTE IN 10697 07:31:17,001 --> 07:31:18,000 RELATION TO THE AMENDMENT, THAT 10698 07:31:18,001 --> 07:31:20,000 UPON THE DISPOSITION OF THE 10699 07:31:20,001 --> 07:31:22,000 ENSIGN AMENDMENT, THE SENATE 10700 07:31:22,001 --> 07:31:26,000 RESUMES DEBATE ON 10701 07:31:26,001 --> 07:31:29,000 AMENDMENT NUMBER 2393, THAT THE 10702 07:31:29,001 --> 07:31:31,000 AMENDMENT BE AGREED TO AND THE MOTION TO RECONSIDER BE LAID 10703 07:31:31,001 --> 07:31:32,000 UPON THE TABLE WITH NO 10704 07:31:32,001 --> 07:31:33,000 AMENDMENTS IN ORDER TO THE 10705 07:31:33,001 --> 07:31:34,000 AFOREMENTIONED AMENDMENTS. 10706 07:31:34,001 --> 07:31:36,000 THAT NO FURTHER AMENDMENTS BE IN 10707 07:31:36,001 --> 07:31:37,000 ORDER AND THAT THE SUBSTITUTE 10708 07:31:37,001 --> 07:31:39,000 AMENDMENT AS AMENDED BE AGREED 10709 07:31:39,001 --> 07:31:41,000 TO, THE BILL AS AMENDED BE READ 10710 07:31:41,001 --> 07:31:42,000 A THIRD TIME AND THE SENATE 10711 07:31:42,001 --> 07:31:43,000 PROCEED TO VOTE ON THE PASSAGE 10712 07:31:43,001 --> 07:31:45,000 OF THE BILL. 10713 07:31:45,001 --> 07:31:48,000 THAT UPON THE PASSAGE, THE 10714 07:31:48,001 --> 07:31:49,000 SENATE INSIST ON ITS AMENDMENT, 10715 07:31:49,001 --> 07:31:50,000 REQUEST A CONFERENCE WITH THE 10716 07:31:50,001 --> 07:31:52,000 HOUSE ON THE DISAGREEING VOTES 10717 07:31:52,001 --> 07:31:57,000 OF THE TWO H 10718 07:31:57,001 --> 07:31:59,000 CHAIR BE AUTHORIZED TO APPOINT 10719 07:31:59,001 --> 07:32:01,000 CONFEREECONFEREES WITH THE SUBCOMMITTEE 10720 07:32:01,001 --> 07:32:02,000 PLUZ SENATORS BYRD -- PLUS 10721 07:32:02,001 --> 07:32:03,000 SENATORS BYRD AND COCHRAN 10722 07:32:03,001 --> 07:32:04,000 APPOINTED AS CONFEREES. 10723 07:32:04,001 --> 07:32:05,000 THAT IF A POINT OF ORDER IS 10724 07:32:05,001 --> 07:32:06,000 RAISED AND SUSTAINED AGAINST THE 10725 07:32:06,001 --> 07:32:08,000 SUBSTITUTE AMENDMENT, THEN IT BE 10726 07:32:08,001 --> 07:32:11,000 IN ORDER FOR A NEW SUBSTITUTE TO 10727 07:32:11,001 --> 07:32:13,000 BE OFFERED MINUS THE OFFENDING 10728 07:32:13,001 --> 07:32:14,000 PROVISIONS BUT 10729 07:32:14,001 --> 07:32:15,000 AMENDMENTS PREVIOUSLY AGREED TO, 10730 07:32:15,001 --> 07:32:19,000 THAT THE NEW SUBSTITUTE BE 10731 07:32:19,001 --> 07:32:20,000 CONSIDERED 10732 07:32:20,001 --> 07:32:22,000 FURTHER FURTHER AMENDMENTS BE IN 10733 07:32:22,001 --> 07:32:24,000 ORDER, THE BILL AS AMENDED BE 10734 07:32:24,001 --> 07:32:25,000 READ A THIRD TIME WITH THE 10735 07:32:25,001 --> 07:32:26,000 PROVISIONS OF THIS AGREEMENT 10736 07:32:26,001 --> 07:32:29,000 AFTER ADOPTION OF THE ORIGINAL 10737 07:32:29,001 --> 07:32:31,000 SUBSTITUTE AMENDMENT REMAINING 10738 07:32:31,001 --> 07:32:33,000 IN EFFECT AND THAT THE CLOTURE 10739 07:32:33,001 --> 07:32:35,000 MOTION ON THE BILL BE WITHDRAWN 10740 07:32:35,001 --> 07:32:38,000 AND THAT THE ORDER COMMENCE 10741 07:32:38,001 --> 07:32:40,000 AFTER THE REMARKS OF SENATOR CHAMBLISS. 10742 07:32:40,001 --> 07:32:41,000 THE PRESIDING OFFICER: IS THERE 10743 07:32:41,001 --> 07:32:43,000 OBJECTION? 10744 07:32:43,001 --> 07:32:44,000 WITHOUT OBJECTION, IT IS SO 10745 07:32:44,001 --> 07:32:45,000 ORDERED. 10746 07:32:45,001 --> 07:32:51,000 MS. MIKULSKI: MR. PRESIDENT, I 10747 07:32:51,001 --> 07:32:52,000 FURTHER WISH TO COMMENT AS IF IN 10748 07:32:52,001 --> 07:32:53,000 EXECUTIVE SESSION, I ASK 10749 07:32:53,001 --> 07:32:57,000 UNANIMOUS CONSENT THAT UPON THE 10750 07:32:57,001 --> 07:33:00,000 DISPOSITION OF H.R. 2847, THE 10751 07:33:00,001 --> 07:33:01,000 SENATE PROCEED TO EXUTIVE 10752 07:33:01,001 --> 07:33:02,000 SESSION AND IMMEDIATELY PROCEED 10753 07:33:02,001 --> 07:33:06,000 TO VOTE ON THE CONFIRMATION OF 10754 07:33:06,001 --> 07:33:09,000 THE NOMINATION OF CALENDAR 462. 10755 07:33:09,001 --> 07:33:13,000 AND UPON THAT CONFIRMATION, THE 10756 07:33:13,001 --> 07:33:14,000 MOTION TO RECONSIDER BE 10757 07:33:14,001 --> 07:33:16,000 CONSIDERED MADE AND LAID UPON 10758 07:33:16,001 --> 07:33:18,000 THE TABLE AND THAT NO FURTHER 10759 07:33:18,001 --> 07:33:19,000 MOTION BE IN ORDER, THE 10760 07:33:19,001 --> 07:33:21,000 PRESIDENT BE IMMEDIATELY 10761 07:33:21,001 --> 07:33:23,000 NOTIFIED OF THE SENATE'S ACTION 10762 07:33:23,001 --> 07:33:24,000 AND THE SENATE THEN RESUMES 10763 07:33:24,001 --> 07:33:25,000 LEGISLATIVE ACTION. 10764 07:33:25,001 --> 07:33:26,000 THE PRESIDING OFFICER: IS THERE 10765 07:33:26,001 --> 07:33:31,000 OBJECTION? 10766 07:33:31,001 --> 07:33:32,000 WITHOUT OBJECTION. 10767 07:33:32,001 --> 07:33:33,000 MR. SESSIONS: MR. PRESIDENT? 10768 07:33:33,001 --> 07:33:34,000 THE PRESIDING OFFICER: THE SENATOR FROM ALABAMA. 10769 07:33:34,001 --> 07:33:37,000 MR. SESSIONS: MR. PRESIDENT, I 10770 07:33:37,001 --> 07:33:40,000 WOULD JUST LIKE TO SPEAK 10771 07:33:40,001 --> 07:33:44,000 IN SUPRT OF SENATOR GRAHAM'S 10772 07:33:44,001 --> 07:33:48,000 AMENDMENT DEALING WITH THE TRIAL 10773 07:33:48,001 --> 07:33:51,000 OF 9/11 TERRORISTS IN FEDERAL COURT. 10774 07:33:51,001 --> 07:33:53,000 AND IT, IN EFFECT, WOULD 10775 07:33:53,001 --> 07:33:55,000 PROHIBIT THE ADMINISTRATION FROM 10776 07:33:55,001 --> 07:34:00,000 DOING THAT BY DENYING FUNDING 10777 07:34:00,001 --> 07:34:02,000 FOR ANY SUCH TRIALS. 10778 07:34:02,001 --> 07:34:04,000 THIS IS A VERY IMPORTANT MATTER. 10779 07:34:04,001 --> 07:34:08,000 ONE OF THE THINGS THAT WE 10780 07:34:08,001 --> 07:34:10,000 LEARNED 10781 07:34:10,001 --> 07:34:13,000 THAT THIS COUNTRY HAD MADE A 10782 07:34:13,001 --> 07:34:14,000 MISTAKE IN TREATING PEOPLE WHO 10783 07:34:14,001 --> 07:34:18,000 ARE AT WAR WITH THE UNITED 10784 07:34:18,001 --> 07:34:19,000 STATES WHO ATTEMPT TO DESTROY 10785 07:34:19,001 --> 07:34:20,000 THE UNITED STATES AS NORMAL 10786 07:34:20,001 --> 07:34:22,000 CRIMINALS AND THAT THEY SHOULD 10787 07:34:22,001 --> 07:34:23,000 BE TRIED IN COURT. 10788 07:34:23,001 --> 07:34:24,000 WE LEARNED THAT THE ONLY 10789 07:34:24,001 --> 07:34:27,000 EFFECTIVE WAY TO DEAL WITH 10790 07:34:27,001 --> 07:34:29,000 PERSONS LIKE THAT IS TO TREAT 10791 07:34:29,001 --> 07:34:35,000 THEM AS PRISONERS OF WAR OR 10792 07:34:35,001 --> 07:34:37,000 UNLAWFUL COMBATANTS, WHICH IS 10793 07:34:37,001 --> 07:34:39,000 UN -- OR PEOPLE WHO VIOLATE THE 10794 07:34:39,001 --> 07:34:40,000 RULES OF WAR AND ALL THESE 10795 07:34:40,001 --> 07:34:42,000 INDIVIDUALS DO BASICALLY WITH 10796 07:34:42,001 --> 07:34:46,000 THE WAY THEY CONDUCT THEMSELVES. 10797 07:34:46,001 --> 07:34:47,000 SO WE WOULD TRY THEM AS -- 10798 07:34:47,001 --> 07:34:49,000 ACCORDING TO MILITARY COMMISSIONS. 10799 07:34:49,001 --> 07:34:54,000 THE CONSTITUTION MAKES REFERENCE 10800 07:34:54,001 --> 07:34:56,000 TO MILITARY COMMISSIONS, AND 10801 07:34:56,001 --> 07:35:00,000 THEY CAN BE TRIED FAIRLY IN THAT 10802 07:35:00,001 --> 07:35:02,000 METHOD WITHOUT ALL THE -- THE 10803 07:35:02,001 --> 07:35:06,000 RULESND PROCEDURES THAT WE 10804 07:35:06,001 --> 07:35:08,000 CHERISH SO HIGHLY 10805 07:35:08,001 --> 07:35:10,000 COURTS FOR THE NORMAL TRIALS OF 10806 07:35:10,001 --> 07:35:13,000 NORMAL CRIMES THAT PEOPLE ARE 10807 07:35:13,001 --> 07:35:18,000 ACCUSED WITH IN THIS COUNTRY. 10808 07:35:18,001 --> 07:35:20,000 I SPOKE ABOUT ALMARI JUST LAST 10809 07:35:20,001 --> 07:35:24,000 WEEK, WHO CAME TO THE UNITED 10810 07:35:24,001 --> 07:35:28,000 STATES SEPTEMBER 10, HE HAD MET 10811 07:35:28,001 --> 07:35:29,000 BIN LADEN, HE HAD BEEN IN 10812 07:35:29,001 --> 07:35:34,000 AFGHANISTAN TO A TRAING CAMP, 10813 07:35:34,001 --> 07:35:44,000 HE HAD A GOAL PRETTY DLEERL 10814 07:35:44,001 --> 07:35:46,000 PARTICIPATE I -- PRETTYCLEARLY TO PARTICIPATE IN AN 10815 07:35:46,001 --> 07:35:47,000 ATTACK ON THE UNITED STATES. 10816 07:35:47,001 --> 07:35:48,000 AND IT SEEMS PRETTY CLEAR 10817 07:35:48,001 --> 07:35:49,000 BECAUSE HE CAME ONE DAY BEFORE 10818 07:35:49,001 --> 07:35:50,000 9/11. 10819 07:35:50,001 --> 07:35:52,000 AND HE WAS TRIED BY A FEDERAL 10820 07:35:52,001 --> 07:35:54,000 JUDGE WHO APPARENTLY GAVE A 10821 07:35:54,001 --> 07:35:56,000 COICTION BUT SENTENCED HIM TO, 10822 07:35:56,001 --> 07:35:58,000 IN EFFECT, SEVEN YEARS. 10823 07:35:58,001 --> 07:36:00,000 I MEAN, HE HAD TRAING IN BOMB 10824 07:36:00,001 --> 07:36:02,000 MAKING AND THAT KIND OF THING. 10825 07:36:02,001 --> 07:36:06,000 HE HAD DONE OTHER ACTS THAT 10826 07:36:06,001 --> 07:36:08,000 INDICATED AN INTENT TO KILL 10827 07:36:08,001 --> 07:36:19,000 AMERICAN PEOPLE, INNOCENT 10828 07:36:19,001 --> 07:36:20,000 CIVILIANS, IN A CERTIFICATE SYRUP CERTIFICATE RIP 10829 07:36:20,001 --> 07:36:21,000 TISHES WAY AS A RESULT OF WAR. 10830 07:36:21,001 --> 07:36:23,000 AND AS A RESULT OF THAT I THINK 10831 07:36:23,001 --> 07:36:25,000 HE SHOULD HAVE BEEN TRIED BY MILITARY COMMISSION. 10832 07:36:25,001 --> 07:36:27,000 AND HE WASN'T. 10833 07:36:27,001 --> 07:36:28,000 AND WE LEARNED, AS ONE OF THE 10834 07:36:28,001 --> 07:36:29,000 PROFESSORS SAID IN COMMENTING 10835 07:36:29,001 --> 07:36:31,000 UPON THIS CASE, IT RAISES 10836 07:36:31,001 --> 07:36:32,000 QUESTIONS ABOUT THE ABILITY OF 10837 07:36:32,001 --> 07:36:34,000 OUR NORMAL FEDERAL COURT SYSTEM 10838 07:36:34,001 --> 07:36:36,000 TO TRY THESE PEOPLE WHO MAY BE 10839 07:36:36,001 --> 07:36:38,000 SUBJECT TO HAVING THE COURTHOUSE 10840 07:36:38,001 --> 07:36:41,000 ATTACKED IN AN ATTEMPT TO FREE 10841 07:36:41,001 --> 07:36:43,000 THEM, JURORS MAY FEEL THREATENED 10842 07:36:43,001 --> 07:36:44,000 BECAUSE THEY ARE WILLING TO KILL 10843 07:36:44,001 --> 07:36:46,000 FOR -- TO PROMOTE THEIR AGENDA 10844 07:36:46,001 --> 07:36:48,000 OR THEIR ALLIES ARE. 10845 07:36:48,001 --> 07:36:49,000 COURTHOUSES HAVE TO BE ARMED AND 10846 07:36:49,001 --> 07:36:51,000 GUARDS ALL AROUND AND PEOPLE ON 10847 07:36:51,001 --> 07:36:53,000 TOP OF THEM TO PROTECT THE TRIAL 10848 07:36:53,001 --> 07:36:56,000 THROUGHOUT THE TRIAL, AND THEY 10849 07:36:56,001 --> 07:36:57,000 COULD BE TRIED EFFECTIVELY BY 10850 07:36:57,001 --> 07:36:59,000 MILITARY COMMISSION. 10851 07:36:59,001 --> 07:37:01,000 SO SENATOR GRAHAM IS SERVING THE 10852 07:37:01,001 --> 07:37:03,000 NATIONAL INTEREST IN RAISING 10853 07:37:03,001 --> 07:37:05,000 THIS ISSUE. 10854 07:37:05,001 --> 07:37:07,000 IT'S NOT A LITTLE-BITTY MATTER. 10855 07:37:07,001 --> 07:37:09,000 IT REALLY IS CORRECT AND HE'S 10856 07:37:09,001 --> 07:37:13,000 GOT A GOOD IDEA ABOUT IT. 10857 07:37:13,001 --> 07:37:14,000 HE'S HANDLED IT IN A WAY, 10858 07:37:14,001 --> 07:37:19,000 FOCUSES NARROWLY REALLY ON THE 10859 07:37:19,001 --> 07:37:20,000 9/11 ISSUE, FOR THOSE WHO 10860 07:37:20,001 --> 07:37:21,000 PARTICIPATED IN THAT ATTACK. 10861 07:37:21,001 --> 07:37:23,000 AND I THINK THAT'S AT LEAST WHAT 10862 07:37:23,001 --> 07:37:30,000 WE SHOULD DO TODAY, AND WE NEED 10863 07:37:30,001 --> 07:37:31,000 TO HAVE A SINCERE ANALYSIS OF 10864 07:37:31,001 --> 07:37:32,000 THE DETERMINATION BY THIS 10865 07:37:32,001 --> 07:37:33,000 ADMINISTRATION TO TRY MORE AND 10866 07:37:33,001 --> 07:37:35,000 MORE CASES IN FEDERAL COURT WHEN 10867 07:37:35,001 --> 07:37:36,000 THEY'VE BEEN CAPTURED BY THE 10868 07:37:36,001 --> 07:37:38,000 MILITARY. 10869 07:37:38,001 --> 07:37:40,000 AND, IN FACT, THEY SAY THERE IS 10870 07:37:40,001 --> 07:37:42,000 A PRESUMPTION IN THEIR 10871 07:37:42,001 --> 07:37:43,000 COMMISSION REPORT TO DATE THAT 10872 07:37:43,001 --> 07:37:45,000 THEY WOULD BE TRIED IN FEDERAL 10873 07:37:45,001 --> 07:37:46,000 COURTS RATHER THAN MILITARY 10874 07:37:46,001 --> 07:37:49,000 COMMISSIONS. 10875 07:37:49,001 --> 07:37:51,000 I THINK THAT'S VERY DANGEROUS 10876 07:37:51,001 --> 07:37:53,000 BECAUSE MILITARY PEOPLE DON'T 10877 07:37:53,001 --> 07:37:54,000 GIVE THEM MIRANDA WARNINGS WHEN 10878 07:37:54,001 --> 07:37:55,000 THEY'RE ARRESTED, THEY DON'T DO 10879 07:37:55,001 --> 07:37:58,000 THE KIND OF THINGS THAT ARE 10880 07:37:58,001 --> 07:37:59,000 NECESSARY TO MAINTAIN CHAINS OF 10881 07:37:59,001 --> 07:38:01,000 CUSTODY OR 10882 07:38:01,001 --> 07:38:02,000 INTO TRIALS IN A WAY THAT WE 10883 07:38:02,001 --> 07:38:04,000 WOULD NORMALLY DO. 10884 07:38:04,001 --> 07:38:07,000 AND THESE KIND OF PROCEDURES 10885 07:38:07,001 --> 07:38:08,000 COULD CAUSE TRIALS TO BE 10886 07:38:08,001 --> 07:38:10,000 EXTREMELY DIFFICULT, COULD BRING 10887 07:38:10,001 --> 07:38:11,000 WITNESSES FROM THE BATTLEFIELD 10888 07:38:11,001 --> 07:38:14,000 AND THE LIKE. 10889 07:38:14,001 --> 07:38:19,000 IT'S JUST NOT THE WAY THAT I'M 10890 07:38:19,001 --> 07:38:20,000 AWARE ANY COUNTRY TRIES PEOPLE 10891 07:38:20,001 --> 07:38:21,000 WHO ARE AT WAR WITH THEM. 10892 07:38:21,001 --> 07:38:22,000 ANY COUNTRY. 10893 07:38:22,001 --> 07:38:23,000 ALL COUNTRIES PROVIDE FOR 10894 07:38:23,001 --> 07:38:25,000 MILITARY COMMISSIONS AGAINST 10895 07:38:25,001 --> 07:38:26,000 UNLAWFUL COMBATANTS I THINK WHO 10896 07:38:26,001 --> 07:38:28,000 ATTACK THE UNITED STATES. 10897 07:38:28,001 --> 07:38:29,000 I SEE MY FRIEND, SENATOR 10898 07:38:29,001 --> 07:38:31,000 CHAMBLISS, HERE AND I KNOW HE 10899 07:38:31,001 --> 07:38:32,000 WANTS TO SPEAK ON THIS. 10900 07:38:32,001 --> 07:38:36,000 AND I THANK THE CHAIR AND WOULD 10901 07:38:36,001 --> 07:38:37,000 YIELD THE MR. CHAMBLISS: MR. PRESIDENT? 10902 07:38:37,001 --> 07:38:38,000 THE PRESIDING OFFICER: THE 10903 07:38:38,001 --> 07:38:39,000 SENATOR FROM GEORGIA. 10904 07:38:39,001 --> 07:38:40,000 MR. CHAMBLISS: MR. PRESIDENT, I 10905 07:38:40,001 --> 07:38:42,000 RISE IN STRONG SUPPORT OF THE 10906 07:38:42,001 --> 07:38:43,000 GRAHAM AMENDMENT AND I WISH TO 10907 07:38:43,001 --> 07:38:45,000 ECHO THE SENTIMENTS JUST 10908 07:38:45,001 --> 07:38:49,000 EXPRESSED BY MY FRIEND FROM 10909 07:38:49,001 --> 07:38:50,000 ALABAMA WHO, LIKE ME, HAS HAD 10910 07:38:50,001 --> 07:38:54,000 EXTENSIVE EXPERIENCE IN TRYING 10911 07:38:54,001 --> 07:38:59,000 CASES FOR MANY, MANY 10912 07:38:59,001 --> 07:39:01,000 YOU KNOW, WE'VE IN THIS COUNTRY 10913 07:39:01,001 --> 07:39:03,000 OVER OUR 225-PLUS YEARS, WE'VE 10914 07:39:03,001 --> 07:39:05,000 BEEN INVOLVED IN MANY DIFFERENT 10915 07:39:05,001 --> 07:39:07,000 MILITARY CONFLICTS. 10916 07:39:07,001 --> 07:39:08,000 IN EACH OF THOSE CONFLICTS 10917 07:39:08,001 --> 07:39:09,000 DATING BACK TO THE EARLY YEARS, 10918 07:39:09,001 --> 07:39:12,000 THERE HAVE ALWAYS BEEN PRISONERS 10919 07:39:12,001 --> 07:39:15,000 CAPTURED AND WE'VE ALWAYS HAD A 10920 07:39:15,001 --> 07:39:19,000 PROCEDURE WHEREBY WE 10921 07:39:19,001 --> 07:39:20,000 INCARCERATED AND ULTIMATELY 10922 07:39:20,001 --> 07:39:21,000 TRIED THOSE INDIVIDUALS WHO WERE 10923 07:39:21,001 --> 07:39:24,000 CAPTURED ON THE BATTLEFIELD. 10924 07:39:24,001 --> 07:39:26,000 THE PROCESS OF HOW WE OPERATE 10925 07:39:26,001 --> 07:39:30,000 FROM AN ARTICLE 3 CRIMINAL 10926 07:39:30,001 --> 07:39:32,000 STANDPOINT RELATIVE TO CRIMINALS 10927 07:39:32,001 --> 07:39:33,000 IN AMERICA WHO COMMIT OFFENSES 10928 07:39:33,001 --> 07:39:34,000 AGAINST THE UNITED STATES OF 10929 07:39:34,001 --> 07:39:35,000 AMERICA IS ONE THING. 10930 07:39:35,001 --> 07:39:38,000 THE PROCESS THAT WE'VE ALWAYS 10931 07:39:38,001 --> 07:39:39,000 USED TO DEAL WITH THOSE 10932 07:39:39,001 --> 07:39:42,000 INDIVIDUALS THAT WE CAPTURE ON 10933 07:39:42,001 --> 07:39:43,000 THE BATTLEFIELD HAS BEEN 10934 07:39:43,001 --> 07:39:46,000 ENTIRELY DIFFERENT AND ALL FOR 10935 07:39:46,001 --> 07:39:47,000 THE RIGHT REASONS. 10936 07:39:47,001 --> 07:39:49,000 I KNOW THERE HAVE BEEN THOSE WHO 10937 07:39:49,001 --> 07:39:50,000 HAVE GOTTEN UP HERE OVER THE 10938 07:39:50,001 --> 07:39:51,000 PAST SEVERAL WEEKS AND MONTHS AS 10939 07:39:51,001 --> 07:39:52,000 WE'VE TALKED AUT THESE ISSUES 10940 07:39:52,001 --> 07:39:54,000 FROM TIME TO TIME -- AND I'VE 10941 07:39:54,001 --> 07:39:55,000 HAD ANY NUMBER OF AMENDMENTS ON 10942 07:39:55,001 --> 07:39:57,000 THIS AND SPOKE OWN THE FLOOR 10943 07:39:57,001 --> 07:39:58,000 NUMEROUS TIMES ABOUT IT -- IT'S 10944 07:39:58,001 --> 07:40:01,000 IMPORTANT I THINK PROTECTION AND SECURITY OF THE 10945 07:40:01,001 --> 07:40:02,000 AMERICAN PEOPLE TO KEEP ALL OF 10946 07:40:02,001 --> 07:40:04,000 THESE INDIVIDUALS THAT WE 10947 07:40:04,001 --> 07:40:06,000 CAPTURED ON THE BATTLEFIELD WHO 10948 07:40:06,001 --> 07:40:07,000 ARE INCARCERATED AT GUANTANAMO 10949 07:40:07,001 --> 07:40:09,000 OUTSIDE OF 10950 07:40:09,001 --> 07:40:10,000 WE'VE GOT THE MECHANICS SET UP 10951 07:40:10,001 --> 07:40:12,000 TO TRY THEM. 10952 07:40:12,001 --> 07:40:13,000 WE'VE GOT A 10953 07:40:13,001 --> 07:40:14,000 THEM TO BE INCARCERATED. 10954 07:40:14,001 --> 07:40:18,000 THAT'S, FRANKLY, WHERE THEY 10955 07:40:18,001 --> 07:40:19,000 OUGHT TO STAY UNTIL SOME METH METHOD 10956 07:40:19,001 --> 07:40:21,000 CAN BE WORKED OUT TO DEAL WITH 10957 07:40:21,001 --> 07:40:22,000 THEM, TO HAVE THEM HOUSED 10958 07:40:22,001 --> 07:40:23,000 SOMEWHERE OUTSIDE THE UNITED 10959 07:40:23,001 --> 07:40:25,000 STATES. UNFORTUNATELY, THE PRESIDENT'S 10960 07:40:25,001 --> 07:40:29,000 MADE A COMMITMENT TO CLOSE 10961 07:40:29,001 --> 07:40:30,000 GUANTANAMO BY JANUARY THE 22nd 10962 07:40:30,001 --> 07:40:32,000 WITHOUT EVER HAVING A PLAN IN 10963 07:40:32,001 --> 07:40:33,000 PLACE 10964 07:40:33,001 --> 07:40:34,000 DEAL WITH. 10965 07:40:34,001 --> 07:40:36,000 THEY HERE WHAT WE'RE TALKING 10966 07:40:36,001 --> 07:40:37,000 ABOUT DOING IS MAKING SURE -- 10967 07:40:37,001 --> 07:40:38,000 HERE WHAT WE'RE TALKING ABOUT 10968 07:40:38,001 --> 07:40:39,000 DOING IS MAKING SURE THAT NOT 10969 07:40:39,001 --> 07:40:40,000 ALL OF THOSE PRISONERS, BECAUSE 10970 07:40:40,001 --> 07:40:41,000 FOLKS ON THE OTHER SIDE OF THE 10971 07:40:41,001 --> 07:40:44,000 AISLE HAVE ALREADY SAID, WE WANT 10972 07:40:44,001 --> 07:40:46,000 TO BRING THE PRISONERS FROM 10973 07:40:46,001 --> 07:40:47,000 GUANTANAMO TO AMERICAN SOIL, WE 10974 07:40:47,001 --> 07:40:48,000 WANT TO TRY THEM THERE AND 10975 07:40:48,001 --> 07:40:50,000 ULTIMATELY I GUESS THEY'RE 10976 07:40:50,001 --> 07:40:52,000 SAYING WE WANT TO HOUSE THEM IN AMERICAN PRISONS. 10977 07:40:52,001 --> 07:40:54,000 I THINK THAT'S WRONG. 10978 07:40:54,001 --> 07:40:57,000 THIS AMENDMENT, THOUGH, IS EVEN 10979 07:40:57,001 --> 07:40:59,000 NARROWER THAN THAT AND THAT'S 10980 07:40:59,001 --> 07:41:01,000 WHY IT'S SO IMPORTANT. 10981 07:41:01,001 --> 07:41:02,000 THIS AMENDMENT SAYS WE'RE GOING 10982 07:41:02,001 --> 07:41:05,000 TO TAKE THE MEANEST OF THESE 10983 07:41:05,001 --> 07:41:06,000 INDIVIDUALS WHO GEVERY DAY 10984 07:41:06,001 --> 07:41:08,000 SEEKING WAYS TO KILL AND HARM 10985 07:41:08,001 --> 07:41:09,000 AMERICANS, AND WE'RE GOING TO -- 10986 07:41:09,001 --> 07:41:10,000 WE WANT TO MAKE SURE THAT THEY 10987 07:41:10,001 --> 07:41:12,000 NEVER COME TO AMERICAN SOIL FOR 10988 07:41:12,001 --> 07:41:15,000 TRIAL AND ARE NEVER SUBJECTED TO 10989 07:41:15,001 --> 07:41:18,000 THE PROCESSES DEVELOPED IN 10990 07:41:18,001 --> 07:41:21,000 ARTICLE 3 COURTS FOR AVERAGE, ORDINARY CRIMINALS THAT 10991 07:41:21,001 --> 07:41:25,000 TRIED EVERY SINGLE DAY IN 10992 07:41:25,001 --> 07:41:27,000 AMERICA. 10993 07:41:27,001 --> 07:41:28,000 YOU KNOW, KHALID SHEIKH MOHAMMED 10994 07:41:28,001 --> 07:41:29,000 IS THE ADMITTED MASTERMIND OF 10995 07:41:29,001 --> 07:41:32,000 SEPTEMBER 11. 10996 07:41:32,001 --> 07:41:33,000 HE IS ONE OF THE INDIVIDUALS WHO 10997 07:41:33,001 --> 07:41:34,000 TODAY IS HOUSED AT GUANTANAMO 10998 07:41:34,001 --> 07:41:37,000 BAY. 10999 07:41:37,001 --> 07:41:38,000 HE IS ONE OF THE INDIVIDUALS 11000 07:41:38,001 --> 07:41:41,000 THAT'S GOING TO BE DIRECTLY 11001 07:41:41,001 --> 07:41:43,000 AFFECTED BY THIS AMENDMENT. 11002 07:41:43,001 --> 07:41:45,000 THIS KHALID SHEIKH MOW -- 11003 07:41:45,001 --> 07:41:46,000 DOES KHALID SHEIKH MOHAMMED WANT 11004 07:41:46,001 --> 07:41:48,000 JUSTICE? NO. 11005 07:41:48,001 --> 07:41:53,000 KHALID SHEIKH MOHAMMED WANTS A PLATFORM. 11006 07:41:53,001 --> 07:41:56,000 HE WANTS A PLATFORM ON WHICH TO -- 11007 07:41:56,001 --> 07:41:58,000 EXUDE HIS ARROGANCE AND HIS 11008 07:41:58,001 --> 07:42:00,000 HATRED OF AMERICA AND HIS HATRED 11009 07:42:00,001 --> 07:42:02,000 OF MERNTIONZ AS EXHIBITED BY THE 11010 07:42:02,001 --> 07:42:03,000 PLAN HE -- AMERICANS, AS 11011 07:42:03,001 --> 07:42:05,000 EXHIBITED BY THE PLAN HE PUT IN 11012 07:42:05,001 --> 07:42:06,000 PLACE TO DRIVE PLANES INTO THE 11013 07:42:06,001 --> 07:42:07,000 PENTAGON, THE WORLD TRADE 11014 07:42:07,001 --> 07:42:09,000 CENTER, AND ANOTHER ENTITY WHICH 11015 07:42:09,001 --> 07:42:11,000 WAS PROBABLY THE UNITED STATES CAPIL. 11016 07:42:11,001 --> 07:42:12,000 THAT AIRPLANE ULTIMATELY CRASHED 11017 07:42:12,001 --> 07:42:14,000 IN PENNSYLVANIA. 11018 07:42:14,001 --> 07:42:17,000 YOU KNOW, THERE WERE OVER 3,000 11019 07:42:17,001 --> 07:42:18,000 VICTIMS ON SEPTEMBER THE 11th. 11020 07:42:18,001 --> 07:42:21,000 IT'S MY UNDERSTANDING THAT 11021 07:42:21,001 --> 07:42:23,000 FAMILY MEMBERS OF THOSE VICTIMS 11022 07:42:23,001 --> 07:42:25,000 HAVE WRITTEN LETTERS AND MADE 11023 07:42:25,001 --> 07:42:27,000 PHONE CALLS URGING THE PASSAGE 11024 07:42:27,001 --> 07:42:30,000 OF THIS AMENDMENT. 11025 07:42:30,001 --> 07:42:33,000 THEY ARE AN INDICATION OF THE 11026 07:42:33,001 --> 07:42:34,000 STRONG FEELING THAT PREVAILS ALL 11027 07:42:34,001 --> 07:42:38,000 ACROSS AMERICA RELATIVE TO HOW 11028 07:42:38,001 --> 07:42:43,000 WE DEAL WITH THESE INDIVIDUALS 11029 07:42:43,001 --> 07:42:45,000 WHO 11030 07:42:45,001 --> 07:42:46,000 INTENDED AND DID, IN FACT, CARRY 11031 07:42:46,001 --> 07:42:49,000 OUT AN ATTACK AGAINST AMERICA, 11032 07:42:49,001 --> 07:42:52,000 AN ATROCIOUS ATTACK, THAT TOOK 11033 07:42:52,001 --> 07:42:53,000 THE LIVES OF OVER 11034 07:42:53,001 --> 07:42:57,000 MR. PRESIDENT, I COMMEND SENATOR GRAHAM FOR EVEN THINKING OF THE 11035 07:42:57,001 --> 07:42:59,000 IDEA OF NARROWING THIS AMENDMENT 11036 07:42:59,001 --> 07:43:00,000 TO INCLUDE JUST THOSE 11037 07:43:00,001 --> 07:43:02,000 INDIVIDUALS WHO PARTICIPATED IN 11038 07:43:02,001 --> 07:43:03,000 THE SEPTEMBER 11 ATTACK. 11039 07:43:03,001 --> 07:43:05,000 I WOULD RATHER BROADEN IT TO 11040 07:43:05,001 --> 07:43:08,000 INCLUDE ALL OF THOSE WHO ARE 11041 07:43:08,001 --> 07:43:10,000 HOUSED AT GUANTANAMO AND I DEFY 11042 07:43:10,001 --> 07:43:11,000 ANYONE T STAND UP AND SAY THAT 11043 07:43:11,001 --> 07:43:14,000 TRYING ANY OF THOSE INDIVIDUALS 11044 07:43:14,001 --> 07:43:15,000 WHO ARE HOUSED AT GUANTANAMO 11045 07:43:15,001 --> 07:43:17,000 THAT WERE 11046 07:43:17,001 --> 07:43:18,000 BATTLEFIELD IN AN RECALL 3 COURT 11047 07:43:18,001 --> 07:43:20,000 IN THE UNITED STA 11048 07:43:20,001 --> 07:43:21,000 SIMILAR TO SOME O 11049 07:43:21,001 --> 07:43:22,000 THAT WE'VE TRIED IN THIS COUNTRY. 11050 07:43:22,001 --> 07:43:24,000 THAT IS WRONG. 11051 07:43:24,001 --> 07:43:27,000 WE HAVE NEVER TRIEDNYBODY THAT 11052 07:43:27,001 --> 07:43:28,000 WAS ARRESTED ON THE BATTLEFIELD 11053 07:43:28,001 --> 07:43:30,000 IN AN ARTICLE 3 COURT IN THE 11054 07:43:30,001 --> 07:43:31,000 UNITED STATES. 11055 07:43:31,001 --> 07:43:33,000 SO SENATOR GRAHAM AMENDMENT IS 11056 07:43:33,001 --> 07:43:34,000 VERY APPROPRIATE. 11057 07:43:34,001 --> 07:43:36,000 IT OUGHT TO BE PASSED. 11058 07:43:36,001 --> 07:43:37,000 IT OUGHT TO BE PASSED WITH A 11059 07:43:37,001 --> 07:43:38,000 LARGE MARGIN 11060 07:43:38,001 --> 07:43:40,000 AND A VOTE AGAINST THIS IS 11061 07:43:40,001 --> 07:43:44,000 SIMPLY A VOTE TO GIVE KHALID 11062 07:43:44,001 --> 07:43:46,000 SHEIKH MOHAMMED THAT PLATFORM 11063 07:43:46,001 --> 07:43:48,000 THAT HE WANTS TO HAVE TO TALK 11064 07:43:48,001 --> 07:43:49,000 ABOUT WHY HE HATES AMERICA AND 11065 07:43:49,001 --> 07:43:50,000 ABOUT EVERYTHING THAT'S WRONG 11066 07:43:50,001 --> 07:43:52,000 WITH AMERICA. 11067 07:43:52,001 --> 07:43:54,000 THAT'S NOT WHAT WE OUGHT TO BE 11068 07:43:54,001 --> 07:43:56,000 DOING IN THIS BODY TODAY OR AT 11069 07:43:56,001 --> 07:43:58,000 ANY OTHER TIME. 11070 07:43:58,001 --> 07:43:59,000 I URGE A POSITIVE AND 11071 07:43:59,001 --> 07:44:01,000 AFFIRMATIVE VOTE ON THE GRAHAM 11072 07:44:01,001 --> 07:44:09,000 AMENDMENT. 11073 07:44:09,001 --> 07:44:10,000 AND I YIELD MS. MIKULSKI: MR. PRESIDENT? 11074 07:44:10,001 --> 07:44:11,000 THE PRESIDING OFFICER: THE 11075 07:44:11,001 --> 07:44:12,000 SENATOR FROM MARYLAND. 11076 07:44:12,001 --> 07:44:18,000 MS. MIKULSKI: MR. PRESIDENT, 11077 07:44:18,001 --> 07:44:20,000 WHAT IS THE PENDING AMENDMENT? 11078 07:44:20,001 --> 07:44:22,000 THE PRESIDING OFFICER: AMENDMENT 11079 07:44:22,001 --> 07:44:23,000 NUMBER 2631 IS THE PENDING 11080 07:44:23,001 --> 07:44:25,000 AMENDMENT. 11081 07:44:25,001 --> 07:44:26,000 MS. MIKULSKI: MR. PRESIDENT, I 11082 07:44:26,001 --> 07:44:27,000 VIGOROUSLY AND UNABASHEDLY 11083 07:44:27,001 --> 07:44:30,000 OPPOSE THE COBURN AMENT. 11084 07:44:30,001 --> 07:44:33,000 IT ELIMINATES $9 MILLION FROM A 11085 07:44:33,001 --> 07:44:36,000 PROGRAM AT THE NATIONAL SCIENCE FOUNDATION. 11086 07:44:36,001 --> 07:44:38,000 IT SPECIFICALLY 11087 07:44:38,001 --> 07:44:41,000 TARGETS THE $9 MILLION CUT IN 11088 07:44:41,001 --> 07:44:43,000 THE AREA OF FUNDING FOR RESEARCH 11089 07:44:43,001 --> 07:44:44,000 BY POLITICAL SCIENTISTS. 11090 07:44:44,001 --> 07:44:46,000 THE VERY FIRST AMERICAN WOMAN TO 11091 07:44:46,001 --> 07:44:50,000 WIN THE NOBEL PRIZE FOR 11092 07:44:50,001 --> 07:44:53,000 ECONOMICS EVER HAS 11093 07:44:53,001 --> 07:44:54,000 AWARDS FROM THE NATIONAL SCIENCE 11094 07:44:54,001 --> 07:44:56,000 FOUNDATION SCIENCE PROGRAM 11095 07:44:56,001 --> 07:44:59,000 OFFERED TO POLITICAL SCIENCE PROFESSORS. 11096 07:44:59,001 --> 07:45:01,000 IT SHOWS THAT -- WHAT 11097 07:45:01,001 --> 07:45:03,000 GROUNDBREAKING WORK CAN BE DONE. 11098 07:45:03,001 --> 07:45:06,000 THIS AMENDMENT IS AN ATTACK ON SCIENCE. 11099 07:45:06,001 --> 07:45:07,000 IT IS AN ATTACK ON BEING A DEEM 11100 07:45:07,001 --> 07:45:09,000 YAVMENT WE NEED FULL FUNDING TO 11101 07:45:09,001 --> 07:45:12,000 KEEP AMERICA INNOVATIVE AND I 11102 07:45:12,001 --> 07:45:15,000 URGE MY COLLEAGUES TO VOTE "NO" 11103 07:45:15,001 --> 07:45:16,000 ON THIS AMENDMENT, AND, 11104 07:45:16,001 --> 07:45:18,000 MR. PRESIDENT, I YIELD BACK T 11105 07:45:18,001 --> 07:45:20,000 BALANCE OF OUR TIME AND I ASK 11106 07:45:20,001 --> 07:45:21,000 FOR THE YEAS AND NAYS. 11107 07:45:21,001 --> 07:45:25,000 THE PRESIDING OFFICER: IS 11108 07:45:25,001 --> 07:45:29,000 THERE A SUFFICIENT 11109 07:45:29,001 --> 07:45:50,000 WHO YIELDS TIME IN FAVOR OF THE 11110 07:45:50,001 --> 07:45:51,000 AMENDMENT? 11111 07:45:51,001 --> 07:45:52,000 THE PRESIDING OFFICER: IS THE TOOK YIELDING BACK ALL 11112 07:45:52,001 --> 07:45:53,000 TIME? 11113 07:45:53,001 --> 07:45:55,000 WITHOUT OBJECTION, TIME IS 11114 07:45:55,001 --> 07:45:57,000 YIELDED BACK. 11115 07:45:57,001 --> 07:45:58,000 THE YEAS AND NAYS HAVING BEEN 11116 07:45:58,001 --> 07:46:04,000 ORDERED, THE CLERK WILL CALL THE 11117 07:46:04,001 --> 07:59:30,000 ROLL 11118 07:59:30,001 --> 08:12:06,000 VOTE: 11119 08:12:06,001 --> 08:12:08,000 VOTE: 11120 08:12:08,001 --> 08:12:09,000 THE PRESIDING OFFICER: DOES ANY 11121 08:12:09,001 --> 08:12:14,000 SENATOR STILL WISH TO VOTE ON 11122 08:12:14,001 --> 08:12:18,000 THIS AMENDMENT? 11123 08:12:18,001 --> 08:12:23,000 IF NOT, ON THE AMENDMENT THE 11124 08:12:23,001 --> 08:12:24,000 YEAS ARE 36, THE NAYS ARE 62, 11125 08:12:24,001 --> 08:12:25,000 AND 11126 08:12:25,001 --> 08:12:27,000 MR. REID: MR. PRESIDENT? 11127 08:12:27,001 --> 08:12:32,000 MAJORITY LEADER. 11128 08:12:32,001 --> 08:12:33,000 MR. REID: CAN WE HAVE ORDER? 11129 08:12:33,001 --> 08:12:34,000 THE PRESIDING OFFICER: MAY WE 11130 08:12:34,001 --> 08:12:35,000 HAVE ORDER PLEASE FOR THE 11131 08:12:35,001 --> 08:12:38,000 MAJORITY LEADER. 11132 08:12:38,001 --> 08:12:39,000 MR. REID: 11133 08:12:39,001 --> 08:12:40,000 THE PRESIDING OFFICER: WILL THE 11134 08:12:40,001 --> 08:12:45,000 MAJORITY LEADER SUSPEND FOR A 11135 08:12:45,001 --> 08:12:47,000 MOMENT UNTIL WE HAVE ORDER. 11136 08:12:47,001 --> 08:12:49,000 MR. REID: MR. PRESIDENT, I WOULD 11137 08:12:49,001 --> 08:12:50,000 ASK UNANIMOUS CONSENT THAT ALL 11138 08:12:50,001 --> 08:12:52,000 SUCCEEDING VOTES IN THIS TRANCHE 11139 08:12:52,001 --> 08:12:54,000 OF VOTES, I THINK THERE'S FIVE, 11140 08:12:54,001 --> 08:12:55,000 BE 10 MINUTES IN DURATION. 11141 08:12:55,001 --> 08:12:57,000 THE PRESIDING OFFICER: I OBJECTION? WITHOUT OBJECTION. 11142 08:12:57,001 --> 08:13:00,000 MR. REID: MR. PRESIDENT, PEOPLE 11143 08:13:00,001 --> 08:13:02,000 ARE ANXIOUS TO FINISH TONIGHT. 11144 08:13:02,001 --> 08:13:04,000 SO IF EVERYONE WOULD TRY TO STAY 11145 08:13:04,001 --> 08:13:06,000 CLOSE BY AND NOT BE WANTEDDERING 11146 08:13:06,001 --> 08:13:08,000 AROUND SO WE -- WANDERING AROUND 11147 08:13:08,001 --> 08:13:10,000 SO WE CAN WRAP THESE UP IN A PERIOD OF TIME. 11148 08:13:10,001 --> 08:13:13,000 MR. PRESIDENT, I'D LIKE TO YIELD 11149 08:13:13,001 --> 08:13:14,000 AT THIS TIME TO THE 11150 08:13:14,001 --> 08:13:16,000 DISTINGUISHED SENATOR FROM 11151 08:13:16,001 --> 08:13:17,000 TEXAS, KAY BAILEY HUTCHISON. 11152 08:13:17,001 --> 08:13:18,000 THE PRESIDING OFFICER: THE 11153 08:13:18,001 --> 08:13:20,000 SENATOR FROM TEXAS. 11154 08:13:20,001 --> 08:13:22,000 MRS. HUTCHISON: MR. PRESIDENT, I ASK UNANIMOUS CONSENT THAT THIS 11155 08:13:22,001 --> 08:13:26,000 BODY HAVE ONE MINUTE OF SILENCE 11156 08:13:26,001 --> 08:13:30,000 IN MEMORY OF 11 GREAT SOLDIERS 11157 08:13:30,001 --> 08:13:32,000 AT FORT HOOD, TEXAS, WHO HAVE 11158 08:13:32,001 --> 08:13:34,000 BEEN SHOT DOWN THIS AFTERNOON AT 11159 08:13:34,001 --> 08:13:36,000 THE BASE AT A PROCESSING CENTER 11160 08:13:36,001 --> 08:13:40,000 WHERE THEY WERE BEING PREPARED 11161 08:13:40,001 --> 08:13:42,000 TO BE DEPLOYED TO IRAQ AND SOME 11162 08:13:42,001 --> 08:13:45,000 TO AFGANISTAN. 11163 08:13:45,001 --> 08:13:48,000 IN ADDITION TO THAT, THE PERSON 11164 08:13:48,001 --> 08:13:52,000 WHO IS THE MAIN SHOOTER HAS ALSO 11165 08:13:52,001 --> 08:13:54,000 BEEN KILLED AND 11166 08:13:54,001 --> 08:13:56,000 GREAT PERSONNEL ARE ALSO INJURED 11167 08:13:56,001 --> 08:13:58,000 AND BEING TREATED AS WE SPEAK. 11168 08:13:58,001 --> 08:14:02,000 WHEN I SPOKE TO THE GENERAL JUST 11169 08:14:02,001 --> 08:14:04,000 A FEW MINUTES AGO, THE BASE, 11170 08:14:04,001 --> 08:14:05,000 FORT HOO WAS STILL IN 11171 08:14:05,001 --> 08:14:07,000 LOCKDOWN, TO BEGIN TO MAKE SURE 11172 08:14:07,001 --> 08:14:09,000 THAT THEY HAVE CHECKED EVERY 11173 08:14:09,001 --> 08:14:11,000 POSSIBILITY THAT THERE WOULD BE 11174 08:14:11,001 --> 08:14:13,000 NO MORE SHOOTINGS. 11175 08:14:13,001 --> 08:14:14,000 SO I KNOW ALL OF US LOVE OUR 11176 08:14:14,001 --> 08:14:17,000 MILITARY AND APPRECIATE 11177 08:14:17,001 --> 08:14:21,000 EVERYTHING THEY DO AND FOR THEM 11178 08:14:21,001 --> 08:14:23,000 TO HAVE TO SUFFER EVEN MORE 11179 08:14:23,001 --> 08:14:25,000 TRAGEDY LIKE THIS AS THEY ARE ON 11180 08:14:25,001 --> 08:14:27,000 THEIR WAY TO PROTECT OUR FREEDOM 11181 08:14:27,001 --> 08:14:28,000 IS UNTHINKABLE. 11182 08:14:28,001 --> 08:14:31,000 SO I'M ASKING FOR UNANIMOUS 11183 08:14:31,001 --> 08:14:33,000 CONSENT THAT ALL OF US SHOW HOW 11184 08:14:33,001 --> 08:14:34,000 DEEPLY WE CARE ABOUT THEM RIGHT 11185 08:14:34,001 --> 08:14:38,000 NOW ON THE FLOOR OF THE UNITED 11186 08:14:38,001 --> 08:14:39,000 STATES SENATE. 11187 08:14:39,001 --> 08:14:43,000 THE PRESIDING OFFICER: WITHOUT OBJECTION. 11188 08:14:43,001 --> 08:15:18,000 A MINUTE OF SILENCE WILL 11189 08:15:18,001 --> 08:15:19,000 COMMENCE. 11190 08:15:19,001 --> 08:15:43,000 MRS. HUTCHISON: MR. PRESIDENT, 11191 08:15:43,001 --> 08:15:45,000 THANK YOU VERY THE PRESIDING OFFICER: THERE 11192 08:15:45,001 --> 08:15:47,000 WILL BE TWO MINUTES OF DEBATE 11193 08:15:47,001 --> 08:15:49,000 EQUALLY DIVIDED PRIOR TO 11194 08:15:49,001 --> 08:15:51,000 CONSIDERATION OF COBUR 11195 08:15:51,001 --> 08:15:54,000 AMENDMEN 11196 08:15:54,001 --> 08:15:56,000 WHO YIELDS TIME? 11197 08:15:56,001 --> 08:15:57,000 MR. COBURN: MR. PRESIDENT? THE PRESIDING OFFICER: THE 11198 08:15:57,001 --> 08:15:58,000 SENATOR FROM OKLAHOMA. 11199 08:15:58,001 --> 08:15:59,000 MAY WE HAVE ORDER FOR THE 11200 08:15:59,001 --> 08:16:00,000 SENATOR FROM OKLAHOMA? 11201 08:16:00,001 --> 08:16:01,000 MR. COBURN: THIS IS A 11202 08:16:01,001 --> 08:16:02,000 STRAIGHTFORWARD AMENDMENT THAT 11203 08:16:02,001 --> 08:16:03,000 ACTUALLY INCREASES THE FUNDING 11204 08:16:03,001 --> 08:16:05,000 FOR THE I.G. 11205 08:16:05,001 --> 08:16:06,000 ONE OF OUR WEAKNESSES IS WASTE, 11206 08:16:06,001 --> 08:16:08,000 FRAUD, AND ABUSE. 11207 08:16:08,001 --> 08:16:10,000 ACCORDING TO G.S.A., THIS WILL 11208 08:16:10,001 --> 08:16:12,000 NOT AFFECT THE RENOVATIONS 11209 08:16:12,001 --> 08:16:13,000 WHATSOEVER AT THE HOOVER 11210 08:16:13,001 --> 08:16:14,000 BUILDING, SO WE'RE SIMPLY 11211 08:16:14,001 --> 08:16:16,000 TRANSFERRING FUNDS. 11212 08:16:16,001 --> 08:16:17,000 I UNDERSTAND A POINT OF ORDER IS 11213 08:16:17,001 --> 08:16:18,000 GOING TO BE MADE AGAINST THIS 11214 08:16:18,001 --> 08:16:20,000 AMENDMENT, BUT IF YOU REALLY 11215 08:16:20,001 --> 08:16:22,000 WANT TO CONTROL AND HAVE 11216 08:16:22,001 --> 08:16:23,000 ACCURATE WORK DONE BY OUR 11217 08:16:23,001 --> 08:16:24,000 I.G.'S, WE NEED TO FUND THEM 11218 08:16:24,001 --> 08:16:30,000 APPROPRIATELY AND THIS AMENDMENT 11219 08:16:30,001 --> 08:16:31,000 THPRESIDING OFFICER: THE 11220 08:16:31,001 --> 08:16:32,000 SENATOR FROM MARYLAND. 11221 08:16:32,001 --> 08:16:34,000 MR. MIKULSKI: MR. PRESIDENT, I 11222 08:16:34,001 --> 08:16:35,000 DO SHARE THE SENATOR FROM 11223 08:16:35,001 --> 08:16:36,000 OKLAHOMA'S CONCERNS ABOUT 11224 08:16:36,001 --> 08:16:37,000 OVERSIGHT AT THE DEPARTMENT OF 11225 08:16:37,001 --> 08:16:38,000 COMMERCE. 11226 08:16:38,001 --> 08:16:43,000 THAT'S WHY THE BILL ALREADY 11227 08:16:43,001 --> 08:16:44,000 FUNDS THE INSPECTOR GENERAL AT 11228 08:16:44,001 --> 08:16:45,000 AT $25.8 MILLION, THE SAME AS 11229 08:16:45,001 --> 08:16:47,000 THE PRESIDENT'S REQUEST. 11230 08:16:47,001 --> 08:16:48,000 THERE IS AN ADDITIONAL 11231 08:16:48,001 --> 08:16:50,000 ADDITIONAL $6 MILLION FURNISHED 11232 08:16:50,001 --> 08:16:52,000 THROUGH THE STIMULUS. 11233 08:16:52,001 --> 08:16:55,000 THIS AMENDMENT REALLY DOES CUT 11234 08:16:55,001 --> 08:16:57,000 THE HOOVER BUILDING AND IT WOULD 11235 08:16:57,001 --> 08:17:01,000 ONLY DELAY THE RENOVATIONS TO 11236 08:17:01,001 --> 08:17:05,000 MEET THE BASIC HEALTH AND SAFETY STANDARDS. 11237 08:17:05,001 --> 08:17:06,000 SO I OPPOSE THE AMENDMENT, AND, 11238 08:17:06,001 --> 08:17:09,000 MR. PRESIDENT, THE AMENDMENT 11239 08:17:09,001 --> 08:17:10,000 WOULD CAUSE THE C.J.S. BILL TO 11240 08:17:10,001 --> 08:17:12,000 EXCEED ITS ALLOCATION. 11241 08:17:12,001 --> 08:17:14,000 THEREFORE, I MAKE A POINT OF 11242 08:17:14,001 --> 08:17:17,000 ORDER THAT THE AMENDMENT 11243 08:17:17,001 --> 08:17:19,000 VIOLATES SECTION 302-F OF THE 11244 08:17:19,001 --> 08:17:21,000 CONGRESSIONAL BUDGET ACT OF 1974. 11245 08:17:21,001 --> 08:17:22,000 MR. COBURN: MR. PRESIDENT? THE PRESIDING OFFICER: THE 11246 08:17:22,001 --> 08:17:25,000 SENATOR FROM OKLAHOMA. 11247 08:17:25,001 --> 08:17:28,000 MR. COBURN: I MOVE TO WAIVE THE 11248 08:17:28,001 --> 08:17:31,000 APPLICABLE SECTION OF THE BUDGET 11249 08:17:31,001 --> 08:17:32,000 ACT WITH RESPECT TO MY AMENDMENT 11250 08:17:32,001 --> 08:17:33,000 THE PRESIDING OFFICER: IS THERE 11251 08:17:33,001 --> 08:17:34,000 A SECOND? 11252 08:17:34,001 --> 08:17:40,000 THERE APPEARS TO BE A SUFFICIENT SECOND. 11253 08:17:40,001 --> 08:29:25,000 THE CLERK WILL CALL THE ROLL. 11254 08:29:25,001 --> 08:32:30,000 VOTE: 11255 08:32:30,001 --> 08:32:31,000 VOTE: 11256 08:32:31,001 --> 08:32:32,000 HEARING. 11257 08:32:32,001 --> 08:32:33,000 THE PRESIDING OFFICER: ARE THERE ANY SENATORS IN THE 11258 08:32:33,001 --> 08:32:34,000 CHAMBER WISHING TO VOTE OR CHANGE THEIR VOTE? 11259 08:32:34,001 --> 08:32:35,000 ON THIS VOTE, THREE FIFTHS OF 11260 08:32:35,001 --> 08:32:37,000 THE SENATORS DULY CHOSEN AND 11261 08:32:37,001 --> 08:32:38,000 SWORNOT HAVING VOTED IN THE 11262 08:32:38,001 --> 08:32:40,000 AFFIRMATIVE, THE MOTION IS NOT 11263 08:32:40,001 --> 08:32:48,000 AGREED TO THE POINT OF ORDER IS 11264 08:32:48,001 --> 08:32:49,000 SUSTAINED THE AMENDMENT FALLS. 11265 08:32:49,001 --> 08:32:53,000 WITHOUT OBJECTION 11266 08:32:53,001 --> 08:32:55,000 THERE IS NOW FOUR 11267 08:32:55,001 --> 08:32:57,000 EQUALLY DIVIDED WITH A VOTE ON 11268 08:32:57,001 --> 08:32:59,000 THE GRAHAM AMENDMENT. 11269 08:32:59,001 --> 08:33:03,000 2669. 11270 08:33:03,001 --> 08:33:21,000 THE SENATE WILL COME TO ORDER. 11271 08:33:21,001 --> 08:33:22,000 THE SENATE WILL COME TO ORDER. 11272 08:33:22,001 --> 08:33:23,000 GRAHAM: THANKOU, MR. PRESIDENT. 11273 08:33:23,001 --> 08:33:24,000 THE PRESIDING OFFICER: THE 11274 08:33:24,001 --> 08:33:25,000 SENATOR FROM SOUTH CAROLINA. 11275 08:33:25,001 --> 08:33:27,000 MR. GRAHAM: THANK YOU. 11276 08:33:27,001 --> 08:33:30,000 COLLEAGUES, WE'RE ABOUT TO TAKE 11277 08:33:30,001 --> 08:33:31,000 A 11278 08:33:31,001 --> 08:33:32,000 I REGRET WE'RE HAVING TO DO 11279 08:33:32,001 --> 08:33:34,000 THIS. BUT AT THE END OF THE DAY, I 11280 08:33:34,001 --> 08:33:35,000 HAVE A VIEW THAT THIS COUNTRY IS 11281 08:33:35,001 --> 08:33:39,000 AT WAR. 11282 08:33:39,001 --> 08:33:41,000 AND OUR CIVILIAN COURT SYSTEM 11283 08:33:41,001 --> 08:33:42,000 SERVES US WELL, BUT WE'VE HAD A 11284 08:33:42,001 --> 08:33:43,000 LONG HISTORY OF HAVING MILITARY 11285 08:33:43,001 --> 08:33:44,000 COMMISSION TRIALS WHEN THE 11286 08:33:44,001 --> 08:33:49,000 NATION'S AT WAR. 11287 08:33:49,001 --> 08:33:50,000 WHICH THIS CONGRESS WROTE IS 11288 08:33:50,001 --> 08:33:52,000 REFORMED, IT'S NEW, IT'S 11289 08:33:52,001 --> 08:33:55,000 TRANSPARENT AND IT'S SOMETHING I'M PROUD OF. 11290 08:33:55,001 --> 08:33:57,000 THIS AMENDMENT SAYS THAT THE SIX 11291 08:33:57,001 --> 08:33:58,000 CONSPIRATORS WHO PLANNED 9/11, 11292 08:33:58,001 --> 08:34:00,000 KHALID SHEIKH MOHAMMED AT THE 11293 08:34:00,001 --> 08:34:01,000 TOP OF THE LIST, WILL NOT BE 11294 08:34:01,001 --> 08:34:02,000 TRIED IN FEDERAL COURT. 11295 08:34:02,001 --> 08:34:03,000 BECAUSE THE DAY YOU DO THAT, 11296 08:34:03,001 --> 08:34:04,000 YOU'RE GOING TO CRIMINALIZE THIS 11297 08:34:04,001 --> 08:34:05,000 WAR. 11298 08:34:05,001 --> 08:34:08,000 AND THE FIRST ATTACK ON THE 11299 08:34:08,001 --> 08:34:09,000 WORLD TRADE CENTER, THE BLIND 11300 08:34:09,001 --> 08:34:11,000 SHEIKH, WAS TRIED IN FEDERAL COURT. 11301 08:34:11,001 --> 08:34:13,000 AND THE UNINDICTED 11302 08:34:13,001 --> 08:34:14,000 LIST WOUND UP IN THE HANDS OF 11303 08:34:14,001 --> 08:34:16,000 AL QAEDA. MILITARY COMMISSIONS ARE 11304 08:34:16,001 --> 08:34:18,000 DESIGNED TO ADMINISTER JUSTICE 11305 08:34:18,001 --> 08:34:20,000 IN A FAIR, TRANSPARENT WAY B 11306 08:34:20,001 --> 08:34:21,000 THEY KNOW AND UNDERSTAND WE'RE 11307 08:34:21,001 --> 08:34:24,000 AT WAR. 11308 08:34:24,001 --> 08:34:25,000 OUR CIVILIAN COURTS ARE NOT 11309 08:34:25,001 --> 08:34:26,000 DESIGNED TO DEAL WITH WAR 11310 08:34:26,001 --> 08:34:28,000 CRIMINALS. 11311 08:34:28,001 --> 08:34:30,000 THE MILITARY SYSTEM IS. 11312 08:34:30,001 --> 08:34:32,000 KHALID SHEIKH MOHAMMED, THE 11313 08:34:32,001 --> 08:34:34,000 MASTERMIND OF 9/11, DIDN'T ROB A 11314 08:34:34,001 --> 08:34:37,000 LIQUOR 11315 08:34:37,001 --> 08:34:39,000 HE DIDN'T COMMIT A CRIME 11316 08:34:39,001 --> 08:34:42,000 DOMESTIC CRIMINAL LAW. 11317 08:34:42,001 --> 08:34:45,000 HE TOOK THIS NATION TO WAR AND 11318 08:34:45,001 --> 08:34:49,000 HE KILLED 3,000 OF OUR CITIZENS 11319 08:34:49,001 --> 08:34:52,000 RENDERED IN THE SYSTEM THAT 11320 08:34:52,001 --> 08:34:53,000 RECOGNIZES WE'RE AT WAR. 11321 08:34:53,001 --> 08:34:56,000 PLEASE SUPPORT THIS IDEA OF NOT 11322 08:34:56,001 --> 08:34:59,000 CRIMINALIZING THE WAR THE 11323 08:34:59,001 --> 08:35:00,000 TIME AROUND. A SENA 11324 08:35:00,001 --> 08:35:03,000 THE PRESIDING OFFICER: WHO YIELD 11325 08:35:03,001 --> 08:35:04,000 TIME? 11326 08:35:04,001 --> 08:35:05,000 MR. LEAHY: COULD WE HAVE ORDER, 11327 08:35:05,001 --> 08:35:06,000 MR. PRESIDENT. THIS IS VERY IMPORTANT. 11328 08:35:06,001 --> 08:35:10,000 MR. REED: MR. PRESIDENT, WE ALL 11329 08:35:10,001 --> 08:35:11,000 RECOGNIZE THE SEVERITY OF THIS 11330 08:35:11,001 --> 08:35:12,000 ISSUE AND THE PASSION AND 11331 08:35:12,001 --> 08:35:15,000 SINCERITY THAT THE SENATOR FROM 11332 08:35:15,001 --> 08:35:17,000 SOUTH CAROLINA BRINGS ISSUE. 11333 08:35:17,001 --> 08:35:20,000 BUT SINCE 9/11, WE HAVE TRIED 11334 08:35:20,001 --> 08:35:23,000 195 TERRORISTS IN TITLE 3 COURTS COURTS. 11335 08:35:23,001 --> 08:35:25,000 WE'VE TRIED THREE IN MILITARY 11336 08:35:25,001 --> 08:35:28,000 COMMISSIONS. 11337 08:35:28,001 --> 08:35:30,000 WE HAVE I THINK RECOGNIZED THAT 11338 08:35:30,001 --> 08:35:33,000 OUR COURTS ARE DURABLE ENOUGH TO 11339 08:35:33,001 --> 08:35:34,000 STAND UP TO THE ISSUES OF THE 11340 08:35:34,001 --> 08:35:37,000 CULPABILITY OF THESE INDIVIDUALS 11341 08:35:37,001 --> 08:35:38,000 AND THE MAGNITUDE OF THEIR 11342 08:35:38,001 --> 08:35:40,000 ACTIONS. 11343 08:35:40,001 --> 08:35:41,000 SECRETARY GATES, SECRETARY -- 11344 08:35:41,001 --> 08:35:42,000 ATTORNEY GENERAL HOLDER HAS 11345 08:35:42,001 --> 08:35:46,000 ASKED FOR THIS PERMISSION, THE 11346 08:35:46,001 --> 08:35:47,000 OPTION TO USE TITLE 3 COURTS OR 11347 08:35:47,001 --> 08:35:50,000 MILITARY 11348 08:35:50,001 --> 08:35:53,000 WE'RE PRESERVING THAT. 11349 08:35:53,001 --> 08:35:54,000 IF WE REJECT THE GRAHAM AMENDMENT. 11350 08:35:54,001 --> 08:35:57,000 BUT LET ME SAY SOMETHING ELSE. 11351 08:35:57,001 --> 08:35:59,000 OUR ENEMIES SEE THEMSELVES AS 11352 08:35:59,001 --> 08:36:01,000 JIHADISTS, HOLY WARRIORS. 11353 08:36:01,001 --> 08:36:03,000 THEY DON'T OBJECT TO BEING TRIED 11354 08:36:03,001 --> 08:36:09,000 THEY SEE THEMSELVES AS 11355 08:36:09,001 --> 08:36:12,000 THEY 11356 08:36:12,001 --> 08:36:15,000 THEY COMMITTED MURDER. 11357 08:36:15,001 --> 08:36:17,000 THE SOONER WE CAN CONVINCE THE 11358 08:36:17,001 --> 08:36:19,000 WORLD THAT THESE AREN'T HOLY 11359 08:36:19,001 --> 08:36:21,000 WARRIORS, THEY ARE CRIMINALS 11360 08:36:21,001 --> 08:36:24,000 THE SOONER WE WILL TAKE 11361 08:36:24,001 --> 08:36:26,000 ADVANTAGE IN THIS BATTLE OF 11362 08:36:26,001 --> 08:36:29,000 IDEAS BETWEEN THOSE PEOPLE AND A 11363 08:36:29,001 --> 08:36:31,000 SYSTEM OF LAWS AND JUSTICE THAT 11364 08:36:31,001 --> 08:36:33,000 WE REPRESENT AND TRY PROTECT AND DEFEND. 11365 08:36:33,001 --> 08:36:34,000 AND SO I RECOGNIZE THE 11366 08:36:34,001 --> 08:36:36,000 SINCERITY, THE PASSION OF THE 11367 08:36:36,001 --> 08:36:37,000 GENTLEMAN BUT I WOULD URGE A 11368 08:36:37,001 --> 08:36:38,000 VOTE AGAINST THIS AMENDMENT. 11369 08:36:38,001 --> 08:36:39,000 AND I WOU 11370 08:36:39,001 --> 08:36:40,000 AMENDMENT. 11371 08:36:40,001 --> 08:36:41,000 MR. GRAHAM: MR. PRESIDENT? 11372 08:36:41,001 --> 08:36:42,000 THE PRESIDING OFFICER: THE 11373 08:36:42,001 --> 08:36:44,000 SENATOR FROM SOUTH CAROLINA. 11374 08:36:44,001 --> 08:36:47,000 MR. GRAHAM: TO 11375 08:36:47,001 --> 08:36:48,000 THIS IS THE BIGGEST ISSUE OF THE 11376 08:36:48,001 --> 08:36:50,000 DAY. 11377 08:36:50,001 --> 08:36:52,000 ARE THEY CRIMINALS? 11378 08:36:52,001 --> 08:36:53,000 OR 11379 08:36:53,001 --> 08:36:55,000 DOES IT MATTER? 11380 08:36:55,001 --> 08:36:56,000 THESE PEOPLE ARE NOT CRIMINALS, 11381 08:36:56,001 --> 08:36:58,000 THEY'RE WARRIORS. 11382 08:36:58,001 --> 08:36:59,000 AND THEY NEED TO BE DEALT WITH 11383 08:36:59,001 --> 08:37:00,000 IN A LEGAL SYSTEM THAT 11384 08:37:00,001 --> 08:37:04,000 RECOGNIZES THAT 11385 08:37:04,001 --> 08:37:06,000 AND TO THE 218 9/11 FAMILIES WHO 11386 08:37:06,001 --> 08:37:08,000 SUPPORT MY 11387 08:37:08,001 --> 08:37:10,000 UNDERSTAND THAT THE PEOPLE 11388 08:37:10,001 --> 08:37:11,000 KILLED YOUR FAMILY ARE AT WAR WITH US. 11389 08:37:11,001 --> 08:37:12,000 THE PRESIDING OFFICER: THE 11390 08:37:12,001 --> 08:37:14,000 SENATOR'S TIME HAS 11391 08:37:14,001 --> 08:37:15,000 MR. GRAHAM: I HOPE THE SENATOR 11392 08:37:15,001 --> 08:37:16,000 WILL UNDERSTAND SO WE DON'T HAVE 11393 08:37:16,001 --> 08:37:17,000 ANOTHER. THE PRESIDING OFFICER: THE 11394 08:37:17,001 --> 08:37:18,000 SENATOR'S TIME HAS EXPIRED. 11395 08:37:18,001 --> 08:37:19,000 MR. REED: MR. PRESIDENT? 11396 08:37:19,001 --> 08:37:23,000 THE PRESIDING OFFICER: THE SENATOR FROM RHODE ISLAND. 11397 08:37:23,001 --> 08:37:24,000 MR. REED CON REED: DO I HAVE TIME REMAING? 11398 08:37:24,001 --> 08:37:25,000 THE PRESIDING OFFICER: 20 SECONDS. 11399 08:37:25,001 --> 08:37:27,000 MR. REED: MR. PRESIDENT, THIS 11400 08:37:27,001 --> 08:37:30,000 PRESENT STATUTE THAT'S ON THE 11401 08:37:30,001 --> 08:37:31,000 BOOKS GIVES THE SECRETARY OF 11402 08:37:31,001 --> 08:37:32,000 DEFENSE THE OPPORTUNITY TO 11403 08:37:32,001 --> 08:37:34,000 RECOMMEND AND THE ATTORNEY 11404 08:37:34,001 --> 08:37:38,000 GENERAL THE OPPORTUNITY T 11405 08:37:38,001 --> 08:37:42,000 PROSECUTE IN EITHER A ARTICLE 3 11406 08:37:42,001 --> 08:37:44,000 COURT OR 11407 08:37:44,001 --> 08:37:49,000 MAINTAINED. 11408 08:37:49,001 --> 08:37:50,000 I WOULD URGE THAT WE REJECT THIS 11409 08:37:50,001 --> 08:37:51,000 AMENDMENT I MOVE TO TABLE THE AMENDMENT. 11410 08:37:51,001 --> 08:37:52,000 THE PRESIDING OFFICER: THE 11411 08:37:52,001 --> 08:37:54,000 SENATOR'S TIME HAS EXPIRED. 11412 08:37:54,001 --> 08:37:56,000 MR. GRAHAM: I ASK FOR THE YEAS 11413 08:37:56,001 --> 08:37:57,000 AND NAYS. THE PRESIDING OFFICER: IS THERE 11414 08:37:57,001 --> 08:37:58,000 A SUFFICIENT SECOND? 11415 08:37:58,001 --> 08:38:05,000 THERE APPEARS TO BE. 11416 08:38:05,001 --> 08:51:02,000 THE CLERK WILL CALL THE ROLL. 11417 08:51:02,001 --> 08:52:17,000 VOTE: 11418 08:52:17,001 --> 08:52:18,000 VOTE: THE PRESIDING OFFICER: ARE 11419 08:52:18,001 --> 08:52:20,000 THERE ANY SENATORS IN THE CHAMBER WISHING TO VOTE OR 11420 08:52:20,001 --> 08:52:22,000 CHANGE THEIR VOTE? 11421 08:52:22,001 --> 08:52:23,000 SEEING, HEARING NONE, THE MOTION 11422 08:52:23,001 --> 08:52:31,000 TO TABLE THE GRAHAM AMENDMENT 11423 08:52:31,001 --> 08:52:32,000 NUMBER 2669, 54 YEAS, 45 NAYS. 11424 08:52:32,001 --> 08:52:40,000 THE MOTION TO TABLE IS AGREED 11425 08:52:40,001 --> 08:52:41,000 TO. 11426 08:52:41,001 --> 08:52:43,000 THE PRESIDING OFFICER: WITHOUT 11427 08:52:43,001 --> 08:52:47,000 OBJECTION. 11428 08:52:47,001 --> 08:52:50,000 THERE IS NOW FOUR 11429 08:52:50,001 --> 08:52:52,000 MINUTES EVENLY DIVIDED 11430 08:52:52,001 --> 08:52:55,000 VOTE WITH RESPECT TO THE ENSIGN 11431 08:52:55,001 --> 08:52:58,000 AMENDMENT 2 11432 08:52:58,001 --> 08:53:09,000 THE SENATE WILL BE IN ORDER. 11433 08:53:09,001 --> 08:53:10,000 THE SENATE WILL BE IN 11434 08:53:10,001 --> 08:53:11,000 A SENATOR: COULD WE HAVE ORDER, MR. PRESIDENT. 11435 08:53:11,001 --> 08:53:13,000 THE PRESID 11436 08:53:13,001 --> 08:53:20,000 SENATE WILL BE IN ORDER. 11437 08:53:20,001 --> 08:53:21,000 THE SENATE WILL COME TO ORDER. 11438 08:53:21,001 --> 08:53:22,000 TAKE YOUR CONVERSATIONS OUTSIDE 11439 08:53:22,001 --> 08:53:26,000 THE ROOM. 11440 08:53:26,001 --> 08:53:28,000 THE SENATE WILL COME TO ORDER. 11441 08:53:28,001 --> 08:53:29,000 THE SE 11442 08:53:29,001 --> 08:53:31,000 MR. ENSIGN: MR. PRESIDENT, MY 11443 08:53:31,001 --> 08:53:34,000 AMENDMENT IS VERY SIMPLE. 11444 08:53:34,001 --> 08:53:36,000 IT ADDS $172 MILLION TO THE 11445 08:53:36,001 --> 08:53:38,000 STATE CRIMINAL ALIEN ASSISTANCE PROGRAM. 11446 08:53:38,001 --> 08:53:40,000 THIS PROGRAM PROVIDES FEDERAL 11447 08:53:40,001 --> 08:53:41,000 PAYMENTS TO STATES AND 11448 08:53:41,001 --> 08:53:43,000 LOCALITIES THAT INCUR 11449 08:53:43,001 --> 08:53:45,000 CORRECTIONAL OFFICER SALARY 11450 08:53:45,001 --> 08:53:46,000 COSTS FOR INCARCERATING 11451 08:53:46,001 --> 08:53:49,000 UNDOCUMENTED CRIMINAL ALIENS. 11452 08:53:49,001 --> 08:53:52,000 FOR AT LEAST ONE FELONY OR TWO 11453 08:53:52,001 --> 08:53:56,000 DISDEMEERNG CONVICTIONS. 11454 08:53:56,001 --> 08:53:59,000 -- MISDEMEANOR CONVICTIONS. 11455 08:53:59,001 --> 08:54:02,000 THIS AMENDMENT IS OFFSET BY 11456 08:54:02,001 --> 08:54:04,000 SIMPLY AN ACROSS-THE-BOARD 11457 08:54:04,001 --> 08:54:05,000 DECREASE IN SPENDING, SO IT'S 11458 08:54:05,001 --> 08:54:07,000 BUDGET-NEUTRAL. 11459 08:54:07,001 --> 08:54:09,000 I BELIEVE THIS IS AN IMPORTANT 11460 08:54:09,001 --> 08:54:10,000 AMENDMENT, ESPECIALLY IF YOU'RE 11461 08:54:10,001 --> 08:54:11,000 IN SOME OF THE SOUTHWESTERN 11462 08:54:11,001 --> 08:54:13,000 STATES OR BORDER STATES. 11463 08:54:13,001 --> 08:54:16,000 YOU KNOW YOUR LOCAL LAW 11464 08:54:16,001 --> 08:54:18,000 ENFORCEMENT OCCURS A LOT OF 11465 08:54:18,001 --> 08:54:19,000 EXPENSES BECAUSE OF THOSE 11466 08:54:19,001 --> 08:54:20,000 ASSOCIATED WITH ILLEGAL 11467 08:54:20,001 --> 08:54:21,000 IMMIGRANTS, ESPECIALLY THOSE WHO 11468 08:54:21,001 --> 08:54:22,000 ARE CRIMINALS. 11469 08:54:22,001 --> 08:54:24,000 SO I WOULD URGE ALL OF MY 11470 08:54:24,001 --> 08:54:25,000 COLLEAGUES TO SUPPORT THIS 11471 08:54:25,001 --> 08:54:26,000 AMENDMENT AND MATCH WHAT THE 11472 08:54:26,001 --> 08:54:29,000 HOUSE DID. 11473 08:54:29,001 --> 08:54:31,000 THIS AMENDMENT PASSED 405-1 IN 11474 08:54:31,001 --> 08:54:33,000 THE HOUSE OF REPRESENTATIVES. 11475 08:54:33,001 --> 08:54:34,000 LET'S GO ALONG WITH THE HOUSE OF 11476 08:54:34,001 --> 08:54:35,000 REPRESENTATIVES AND MAKE SURE 11477 08:54:35,001 --> 08:54:38,000 THAT OUR LOCAL LAW ENFORCEMENT 11478 08:54:38,001 --> 08:54:40,000 HAS THE RESOURCES THAT THEY NEED 11479 08:54:40,001 --> 08:54:41,000 TO FIGHT THOSE WHO ARE HERE 11480 08:54:41,001 --> 08:54:43,000 ILLEGALLY AND COMMITTING SERIOUS 11481 08:54:43,001 --> 08:54:44,000 CRIMES. MR. PRESIDENT, I YIELD THE 11482 08:54:44,001 --> 08:54:45,000 FLOOR. 11483 08:54:45,001 --> 08:54:46,000 MR. SHELBY: 11484 08:54:46,001 --> 08:54:47,000 THE PRESIDING OFFICER: THE SENATOR ALABAMA. 11485 08:54:47,001 --> 08:54:49,000 MR. SHELBY: MR. PRESIDENT, I 11486 08:54:49,001 --> 08:54:51,000 RISE IN OPPOSITION TO THE ENSIGN AMENDMENT. 11487 08:54:51,001 --> 08:54:53,000 THE STATE CRIMINAL ALIEN 11488 08:54:53,001 --> 08:54:55,000 ASSISTANCE PROGRAM, A PROGRAM 11489 08:54:55,001 --> 08:54:58,000 THAT WAS NOT REQUESTED BY THIS 11490 08:54:58,001 --> 08:55:00,000 NOR THE PREVIOUS ADMINISTRATION, 11491 08:55:00,001 --> 08:55:03,000 IS CURRENTLY OVERFUNDED IN THIS 11492 08:55:03,001 --> 08:55:05,000 BILL AT $228 MILLION. 11493 08:55:05,001 --> 08:55:08,000 WE'RE BEING ASKED HERE, W 11494 08:55:08,001 --> 08:55:10,000 ENSIGN AME 11495 08:55:10,001 --> 08:55:12,000 MILLION TO A PROGRAM THAT BARELY 11496 08:55:12,001 --> 08:55:16,000 TOUCHES MOST OF OUR STATES. 11497 08:55:16,001 --> 08:55:18,000 SINCE 2004, FIVE STATES HAVE 11498 08:55:18,001 --> 08:55:20,000 RECEIVED 71% O 11499 08:55:20,001 --> 08:55:22,000 IN FUNDING 11500 08:55:22,001 --> 08:55:25,000 AND LET ME SAY AGAIN. 11501 08:55:25,001 --> 08:55:28,000 71% OF $1.5 BILLION OF THE $2.1 11502 08:55:28,001 --> 08:55:29,000 BILLION FOR THIS PROGRAM SINCE 11503 08:55:29,001 --> 08:55:32,000 2004 HAS GONE TO FIVE STATES. 11504 08:55:32,001 --> 08:55:33,000 THIS CAN HARDLY BE CALLED A 11505 08:55:33,001 --> 08:55:36,000 NATIONAL PROGRAM. 11506 08:55:36,001 --> 08:55:37,000 IN 11507 08:55:37,001 --> 08:55:39,000 STATE A YEAR AGO, THIS AMENDMENT 11508 08:55:39,001 --> 08:55:43,000 WAS TABLED AND REJECTED BY A 11509 08:55:43,001 --> 08:55:45,000 VOTE OF 68-256789 I STRONGLY ASK 11510 08:55:45,001 --> 08:55:46,000 MY COLLEAGUES 11511 08:55:46,001 --> 08:55:47,000 THIS AMENDMENT. 11512 08:55:47,001 --> 08:55:48,000 MS. MIKULSKI: MR. PRESIDENT? 11513 08:55:48,001 --> 08:55:49,000 MR. PRESIDENT? THE PRESIDING OFFICER: THE 11514 08:55:49,001 --> 08:55:52,000 SENATOR MARYLAND. 11515 08:55:52,001 --> 08:55:54,000 MS. MIKULSKI: MR. PRESIDENT, I 11516 08:55:54,001 --> 08:55:56,000 SUPPORT EVERY COMMENT MADE BY MY 11517 08:55:56,001 --> 08:56:00,000 RANKING MEMBER, AND I BELIEVE 11518 08:56:00,001 --> 08:56:01,000 THIS AMENDMENT WOULD CAUSE THE 11519 08:56:01,001 --> 08:56:03,000 C.J.S. BILL TO EXSEIZED ITS ALLEGATION. 11520 08:56:03,001 --> 08:56:04,000 THEREFORE, I MAKE A POINT OF 11521 08:56:04,001 --> 08:56:07,000 ORDER THAT THE AMENDMENT 11522 08:56:07,001 --> 08:56:09,000 VIOLATES THE SECTION 11523 08:56:09,001 --> 08:56:10,000 THE CONGRESSIONA CONGRESSIONAL BUDGET ACT OF 1974. 11524 08:56:10,001 --> 08:56:11,000 MR. ENSIGN: MR. PRESIDENT? 11525 08:56:11,001 --> 08:56:13,000 THE PRESIDING OFFICER: THE SENATOR FROM NEVADA. 11526 08:56:13,001 --> 08:56:14,000 MR. ENSIGN: MR. PRESIDENT, 11527 08:56:14,001 --> 08:56:15,000 CLEAR UP A COUPLE FACTS HERE. 11528 08:56:15,001 --> 08:56:16,000 FIRST OF ALL, NOT EVERY STATE 11529 08:56:16,001 --> 08:56:18,000 HAS THE SAME PROBLEM WITH 11530 08:56:18,001 --> 08:56:19,000 ILLEGAL IMMIGRANTS THAT OTHER STATES DO. 11531 08:56:19,001 --> 08:56:21,000 THEREFORE, A MAJORITY OF THE -- 11532 08:56:21,001 --> 08:56:22,000 THE PRESIDING OFFICER: THE 11533 08:56:22,001 --> 08:56:23,000 SENATOR'S TIME HAS EXPIRED. 11534 08:56:23,001 --> 08:56:25,000 THE SENATOR'S TIME HAS EXPIRED. 11535 08:56:25,001 --> 08:56:28,000 MR. ENSIGN: MR. PRESIDENT, I 11536 08:56:28,001 --> 08:56:31,000 WOULD ASK THAT WE MOVE TO WAIVE 11537 08:56:31,001 --> 08:56:32,000 THE APPLICABL ALLY SECTION O 11538 08:56:32,001 --> 08:56:33,000 ACT WMP TO MY AMENDMENT AND ASK 11539 08:56:33,001 --> 08:56:34,000 FOR THE YEAS AND NAYS. 11540 08:56:34,001 --> 08:56:38,000 THE PRESIDING OFFICER: IS 11541 08:56:38,001 --> 08:56:39,000 THERE A SUFFICIENT SECOND? 11542 08:56:39,001 --> 08:56:45,000 THERE APPEARS TO BE. 11543 08:56:45,001 --> 08:59:48,000 THE CLERK WILL CALL THE ROLL. 11544 08:59:48,001 --> 09:12:43,000 VOTE: 11545 09:12:43,001 --> 09:12:44,000 VOTE: 11546 09:12:44,001 --> 09:12:45,000 THE PRESIDING OFFICER: IS THERE 11547 09:12:45,001 --> 09:12:46,000 ANY SENATOR WISHING TO VOTE OR 11548 09:12:46,001 --> 09:12:48,000 CHANGE THEIR VOTE? 11549 09:12:48,001 --> 09:12:51,000 SEEING AND H 11550 09:12:51,001 --> 09:12:52,000 VOTE THE YEAS ARE 32, THE NAYS 11551 09:12:52,001 --> 09:12:54,000 ARE 67, THREE-FIFTHS OF THE 11552 09:12:54,001 --> 09:12:57,000 SENATORS ACTUALLY CHOSEN AND 11553 09:12:57,001 --> 09:12:58,000 SWORN NOT HAVING VOTED IN THE 11554 09:12:58,001 --> 09:12:59,000 AFFIRMATIVE, THE POINT OF ORDER 11555 09:12:59,001 --> 09:13:00,000 IS SUSTAINED AND THE POINT OF 11556 09:13:00,001 --> 09:13:04,000 ORDER FALLS. 11557 09:13:04,001 --> 09:13:05,000 THE QUESTION IS ON THE JOHANNS 11558 09:13:05,001 --> 09:13:13,000 AMENDMENT 2393, WITHOUT 11559 09:13:13,001 --> 09:13:15,000 OBJECTION, IS AGREED TO. 11560 09:13:15,001 --> 09:13:18,000 SENATOR FROM MARYLAND. 11561 09:13:18,001 --> 09:13:19,000 ORDER IN THE 11562 09:13:19,001 --> 09:13:21,000 MS. MIKUKI: I NOW ASK 11563 09:13:21,001 --> 09:13:22,000 UNANIMOUS CONSENT THAT IT BE IN 11564 09:13:22,001 --> 09:13:24,000 WORD TO MAKE A POINT OF ORDER 11565 09:13:24,001 --> 09:13:25,000 AGAINST THE AMENDMENTS. 11566 09:13:25,001 --> 09:13:27,000 THE PRESIDING OFFICER: IF 11567 09:13:27,001 --> 09:13:29,000 THERE'S NO OBJECTION -- WITHOUT 11568 09:13:29,001 --> 09:13:31,000 OBJECTION, SO ORDERED. 11569 09:13:31,001 --> 09:13:35,000 MS. MIKULSKI: I MAKE A POINTF 11570 09:13:35,001 --> 09:13:43,000 ORDER EN BLOC THAT AMENDMENTS 11571 09:13:43,001 --> 09:13:46,000 2644, 2627, 2646, 2625, 2642, 11572 09:13:46,001 --> 09:13:51,000 2632, ARE EITHER NOT GERMANE 11573 09:13:51,001 --> 09:13:52,000 POSTCLOTURE OR VIOLATE RULE 16. 11574 09:13:52,001 --> 09:13:54,000 THE PRESIDING OFFICER: POINTS OF 11575 09:13:54,001 --> 09:13:55,000 ORDER ARE WELL TAKEN. 11576 09:13:55,001 --> 09:13:57,000 AMENDMENTS FALL. 11577 09:13:57,001 --> 09:13:58,000 MS. MI 11578 09:13:58,001 --> 09:14:02,000 WITHSTANDING THE OR REGARDING 11579 09:14:02,001 --> 09:14:05,000 THE PASSAGE OF 11580 09:14:05,001 --> 09:14:07,000 ASK UNANIMOUS CONSE THAT 11581 09:14:07,001 --> 09:14:09,000 AMENDMENT 2647, AS MODIFIED, BE 11582 09:14:09,001 --> 09:14:11,000 AGREED TO AND THE MOTION TO 11583 09:14:11,001 --> 09:14:12,000 RECONSIDER BE LAID UPON THE 11584 09:14:12,001 --> 09:14:13,000 TABLE. 11585 09:14:13,001 --> 09:14:24,000 THE PRESIDING OFFICER: WITHOUT 11586 09:14:24,001 --> 09:14:26,000 OBJECTION, SO ORDERED. 11587 09:14:26,001 --> 09:14:27,000 MS. MIKULSKI: MR. PRESIDENT? MR. PRESIDENT? 11588 09:14:27,001 --> 09:14:33,000 THE PRESIDING OFFICER: THE 11589 09:14:33,001 --> 09:14:34,000 SENATOR FROM MARYLAND. 11590 09:14:34,001 --> 09:14:35,000 THE SUBSTITUTE AMENDMENT AS 11591 09:14:35,001 --> 09:14:37,000 AMENDED IS AGREED TO. 11592 09:14:37,001 --> 09:14:39,000 THE CLERK WILL READ THE BILL FOR 11593 09:14:39,001 --> 09:14:42,000 THE THIRD TIME. 11594 09:14:42,001 --> 09:14:43,000 THE CLERK: CALENDAR NUMBER 87, 11595 09:14:43,001 --> 09:14:44,000 H.R. 2847, 11596 09:14:44,001 --> 09:14:46,000 APPROPRIATIONS FOR THE 11597 09:14:46,001 --> 09:14:50,000 DEPARTMENTS OF COMMERCE AND 11598 09:14:50,001 --> 09:14:52,000 AGENCIES AND FOR FISCAL YEAR 11599 09:14:52,001 --> 09:14:53,000 ENDING 11600 09:14:53,001 --> 09:14:54,000 FOR OTHER PURPOSE THE PRES 11601 09:14:54,001 --> 09:14:57,000 QUESTION IS ON THE PASSAGE OF 11602 09:14:57,001 --> 09:15:00,000 THE BILL. 11603 09:15:00,001 --> 09:15:01,000 ASK FOR THE YEAS AND NAYS. 11604 09:15:01,001 --> 09:15:06,000 THE PRESIDING OFFICER: IS THERE 11605 09:15:06,001 --> 09:15:08,000 A SUFFICIENT SECOND? 11606 09:15:08,001 --> 09:15:15,000 THERE IS 11607 09:15:15,001 --> 09:29:38,000 THE CLERK WILL CALL THE ROLL. 11608 09:29:38,001 --> 09:29:39,000 VOTE: 11609 09:29:39,001 --> 09:29:40,000 THE PRESIDING OFFICER: IS THERE 11610 09:29:40,001 --> 09:29:42,000 ANY SENATOR WISHING TO VOTE OR 11611 09:29:42,001 --> 09:29:43,000 CHANGE THEIR VOTES? 11612 09:29:43,001 --> 09:29:46,000 SEEING AND HEARING NONE, THE 11613 09:29:46,001 --> 09:29:48,000 YEAS ARE 71, THE NAYS ARE 28. 11614 09:29:48,001 --> 09:29:50,000 THE BILL IS PASSED AS AMENDED. 11615 09:29:50,001 --> 09:29:51,000 UNDER THE -- WITHOUT OBJECTION. 11616 09:29:51,001 --> 09:29:54,000 UNDER THE PREVIOUS ORDER, 11617 09:29:54,001 --> 09:30:00,000 SENATE 11618 09:30:00,001 --> 09:30:03,000 THE 11619 09:30:03,001 --> 09:30:08,000 THE CLERK: SENATORS 11620 09:30:08,001 --> 09:30:11,000 INOUYE, LEAHY, 11621 09:30:11,001 --> 09:30:13,000 RHODE ISLAND, PRYOR, BYRD, 11622 09:30:13,001 --> 09:30:16,000 SHELBY, GREGG, McCONNELL, 11623 09:30:16,001 --> 09:30:18,000 HUTCHISON, A 11624 09:30:18,001 --> 09:30:19,000 MIKULSKI, AND COCHRAN. 11625 09:30:19,001 --> 09:30:20,000 THE PRESIDING OFFICER: 11626 09:30:20,001 --> 09:30:22,000 MR. MAJORITY LEADER. 11627 09:30:22,001 --> 09:30:24,000 MR. REID: MAY WE HAVE ORDER IN 11628 09:30:24,001 --> 09:30:26,000 THE 11629 09:30:26,001 --> 09:30:27,000 THE PRESIDING OFFICER: 11630 09:30:27,001 --> 09:30:29,000 MR. REID: MR. PRESIDENT, WE HAVE 11631 09:30:29,001 --> 09:30:33,000 ONE MORE VOTE TONIGHT. 11632 09:30:33,001 --> 09:30:34,000 WE HAVE HAD A -- FOR THE LAST 24 11633 09:30:34,001 --> 09:30:35,000 HOURS, WE HAVE HAD A LOT OF 11634 09:30:35,001 --> 09:30:38,000 ACCOMPLISHMENTS THAT WE ARE 11635 09:30:38,001 --> 09:30:41,000 GOING TO BE ABLE TO POINT TO. 11636 09:30:41,001 --> 09:30:42,000 I APPRECIATE THE COOPERATION OF 11637 09:30:42,001 --> 09:30:44,000 THE REPUBLICANS. 11638 09:30:44,001 --> 09:30:45,000 WE HAVE -- WE HAVE A NUMBE OF 11639 09:30:45,001 --> 09:30:49,000 NOMINATIONS WE'RE GOING TO BE 11640 09:30:49,001 --> 09:30:51,000 ABLE TO COMPLETE. 11641 09:30:51,001 --> 09:30:52,000 WE'RE GOING TO MOVE AS SOON AS 11642 09:30:52,001 --> 09:30:53,000 THIS NEXT VOTE IS OVER TO 11643 09:30:53,001 --> 09:30:55,000 MILITARY CONSTRUCTION. 11644 09:30:55,001 --> 09:30:57,000 I'VE SPOKEN TO THE REPUBLICAN LEADER. 11645 09:30:57,001 --> 09:30:59,000 WE'RE GOING TO DO OUR BEST TO 11646 09:30:59,001 --> 09:31:00,000 FINISH THAT ON MONDAY OR 11647 09:31:00,001 --> 09:31:01,000 TUESDAY. 11648 09:31:01,001 --> 09:31:03,000 WE'LL SEE -- WE'RE GOING TO HAVE 11649 09:31:03,001 --> 09:31:06,000 THAT ONE VOTE, THE ONE VOTE I 11650 09:31:06,001 --> 09:31:07,000 INDICATED ON MONDAY AT 5:30, WE 11651 09:31:07,001 --> 09:31:10,000 WILL HAVE A JUDGE VOTE AND WE'LL 11652 09:31:10,001 --> 09:31:12,000 SEE IF THERE IS ANYTHING ELSE WE 11653 09:31:12,001 --> 09:31:13,000 CAN -- WE HAVE GOT SOMETHING TO 11654 09:31:13,001 --> 09:31:17,000 VOTE ON MONDAY, BUT AT LEAST 11655 09:31:17,001 --> 09:31:20,000 WE'LL HAVE THAT ONE AT 5:30 WILL 11656 09:31:20,001 --> 09:31:21,000 BE FINE. 11657 09:31:21,001 --> 09:31:23,000 AND, MR. PRESIDENT, WE'LL BE -- 11658 09:31:23,001 --> 09:31:24,000 WE'RE GOING TO BE IN MONDAY AND 11659 09:31:24,001 --> 09:31:27,000 TUESDAY. 11660 09:31:27,001 --> 09:31:29,000 I TOLD EVERYONE THAT I THOUGHT 11661 09:31:29,001 --> 09:31:31,000 THAT THIS WAS GOING TO BE "THE" 11662 09:31:31,001 --> 09:31:32,000 DAY, THAT REID FINALLY CALLED 11663 09:31:32,001 --> 09:31:34,000 WOLF AND 11664 09:31:34,001 --> 09:31:36,000 IT'S NOT GOING TO BE THE CASE. 11665 09:31:36,001 --> 09:31:38,000 AND THE REASON IT'S NOT IS WE'VE 11666 09:31:38,001 --> 09:31:39,000 BEEN ABLE TO GET A LOT OF STUFF DONE. 11667 09:31:39,001 --> 09:31:40,000 I INDICATED TO THE REPUBLICAN 11668 09:31:40,001 --> 09:31:41,000 LEADER THAT THERE ARE THINGS WE 11669 09:31:41,001 --> 09:31:42,000 NEED TO GET DONE. 11670 09:31:42,001 --> 09:31:44,000 WE DIDN'T GET EVERYTHING THAT I 11671 09:31:44,001 --> 09:31:45,000 WANTED DONE BUT W 11672 09:31:45,001 --> 09:31:48,000 THAT I HADN'T PUT ON THE LIST 11673 09:31:48,001 --> 09:31:50,000 DONE THAT AMOUNTS TO THE SAME. 11674 09:31:50,001 --> 09:31:51,000 SO I -- I'M GRATEFUL TO THE 11675 09:31:51,001 --> 09:31:56,000 COOPERATION WE'VE GOTTEN 11676 09:31:56,001 --> 09:31:59,000 RECENTLY AND I LOOK FORWARD TO 11677 09:31:59,001 --> 09:32:00,000 GOOD WEEK 11678 09:32:00,001 --> 09:32:01,000 NEXT WEEK, BUT REMBER, IT'S 11679 09:32:01,001 --> 09:32:02,000 ONLY TWO DAYS LONG, THOUGH. 11680 09:32:02,001 --> 09:32:03,000 THE PRESIDING OFFICER: UNDER THE 11681 09:32:03,001 --> 09:32:04,000 PREVIOUS ORDER, THE SENATE WILL 11682 09:32:04,001 --> 09:32:06,000 PROCEED TO EXECUTIVE SESSION TO 11683 09:32:06,001 --> 09:32:08,000 CONSIDER A 11684 09:32:08,001 --> 09:32:10,000 CLERK WILL 11685 09:32:10,001 --> 09:32:16,000 THE CLERK: NOMINATION 11686 09:32:16,001 --> 09:32:17,000 DEPARTMENT OF JUSTICE, ASSISTANT ATTORNEY GENERAL. 11687 09:32:17,001 --> 09:32:21,000 THE PRESIDING OFFICER: THE 11688 09:32:21,001 --> 09:32:23,000 QUESTION IS ON THE NOMINATION. 11689 09:32:23,001 --> 09:32:24,000 A SENATOR: I A AND NAYS. 11690 09:32:24,001 --> 09:32:25,000 THE PRESIDING OFFICER: IS THERE 11691 09:32:25,001 --> 09:32:30,000 THERE APPEARS TO BE. 11692 09:32:30,001 --> 09:32:33,000 THE CLERK WILL CALL THE ROLL. 11693 09:32:33,001 --> 09:44:37,000 QUORUM CALL: 11694 09:44:37,001 --> 09:45:48,000 VOTE: 11695 09:45:48,001 --> 09:45:49,000 VOTE: 11696 09:45:49,001 --> 09:45:50,000 THE PRESIDING OFFICER: ARE 11697 09:45:50,001 --> 09:45:51,000 THERE ANY SENATORS IN THE CHAMBER WISHING TO VOTE OR 11698 09:45:51,001 --> 09:45:53,000 CHGE THEIR VOTE? 11699 09:45:53,001 --> 09:46:01,000 SEEING NONE, 93 YEAS, ZERO NAYS. 11700 09:46:01,001 --> 09:46:03,000 THE NOMINATION IS CONFIRMED. 11701 09:46:03,001 --> 09:46:04,000 OF THE SENATE'S ACTION. 11702 09:46:04,001 --> 09:46:06,000 THE SATE WILL RESUME 11703 09:46:06,001 --> 09:46:08,000 LEGISLATIVE SESSION. 11704 09:46:08,001 --> 09:46:10,000 THE SENATE WILL NOW PROCEED TO 11705 09:46:10,001 --> 09:46:13,000 THE CONSIDERATION OF H.R. 3082, 11706 09:46:13,001 --> 09:46:15,000 WHICH THE 11707 09:46:15,001 --> 09:46:17,000 THE CLERK: CALENDAR NUM 11708 09:46:17,001 --> 09:46:19,000 106, H.R. 3082, AN ACT MAKING 11709 09:46:19,001 --> 09:46:20,000 PROPRIATIONS FOR MILITARY 11710 09:46:20,001 --> 09:46:22,000 CONSTRUCTION, THE DEPARTM 11711 09:46:22,001 --> 09:46:23,000 VETERANS AFFAIRS, AND RELATED 11712 09:46:23,001 --> 09:46:25,000 AGENCIES FOR THE FISCAL YEAR 11713 09:46:25,001 --> 09:46:29,000 ENDING SEPTEMBER 30, 2010, AND 11714 09:46:29,001 --> 09:46:30,000 FOR OTHER PURPOSES. 11715 09:46:30,001 --> 09:46:46,000 THE PRESIDING OFFICER: THE 11716 09:46:46,001 --> 09:46:47,000 SENATOR FROM SOUTH DAKOTA. 11717 09:46:47,001 --> 09:46:49,000 MR. J 11718 09:46:49,001 --> 09:46:52,000 SUBSTITUTE AMENDMENT OF. 11719 09:46:52,001 --> 09:46:53,000 CLERK WILL REPORT. 11720 09:46:53,001 --> 09:46:55,000 THE CLERK: THE SENATOR FROM 11721 09:46:55,001 --> 09:46:56,000 SOUTH DAKOTA, 11722 09:46:56,001 --> 09:47:00,000 HIMSELF AND MRS. HUTCHISON, 11723 09:47:00,001 --> 09:47:02,000 PROPOSE AMENDMENT NUMBERED 27 11724 09:47:02,001 --> 09:47:04,000 MR. JOHNSON: I ASK UNANIMOUS 11725 09:47:04,001 --> 09:47:06,000 CONSENT THAT THE FURTHER R 11726 09:47:06,001 --> 09:47:10,000 BE DISPENSED WITH. THE PRESIDING OFFICER: WITHOUT 11727 09:47:10,001 --> 09:47:12,000 OBJECTION. 11728 09:47:12,001 --> 09:47:15,000 MR. JOHNSON: MR. PRESIDENT, 11729 09:47:15,001 --> 09:47:18,000 I'M PLEASED TO PRESENT THE 11730 09:47:18,001 --> 09:47:19,000 FISCAL YEAR 2010 MILITARY 11731 09:47:19,001 --> 09:47:22,000 CONSTRUCTION AND VETERANS 11732 09:47:22,001 --> 09:47:23,000 AFFAIRAND RELATED AGENCIES 11733 09:47:23,001 --> 09:47:25,000 APPROPRIATIONS BILL TO THE 11734 09:47:25,001 --> 09:47:27,000 SENATE. 11735 09:47:27,001 --> 09:47:30,000 BUT BEFOREE DISCUSS THE BILL, 11736 09:47:30,001 --> 09:47:34,000 I WANT TO EXPRESS MY SORROW AT 11737 09:47:34,001 --> 09:47:37,000 THE TRAGIC EVENTS THAT UNFOLDED 11738 09:47:37,001 --> 09:47:39,000 AT FOR THE HOOD, TEXAS, THIS AFTERNOON. 11739 09:47:39,001 --> 09:47:42,000 I EXTEND MY CONDOLENCES TO THE 11740 09:47:42,001 --> 09:47:45,000 TROOPS AND THE FAMILIES AT FORT 11741 09:47:45,001 --> 09:47:47,000 HOOD AND TO MY WORKING MEMBER -- 11742 09:47:47,001 --> 09:47:49,000 RANKING MEMBER, SENATOR 11743 09:47:49,001 --> 09:47:50,000 HUTCHISON, WHO IS OFF TOETURN 11744 09:47:50,001 --> 09:47:52,000 TO TEXAS TONIGHT. 11745 09:47:52,001 --> 09:47:55,000 OUR THOUGHTS AND PRAYERS ARE 11746 09:47:55,001 --> 09:47:56,000 WITH HER AND WITH THE FORT HOOD 11747 09:47:56,001 --> 09:48:01,000 COMMUNITY AT THIS DIFFICULT 11748 09:48:01,001 --> 09:48:03,000 TIME. 11749 09:48:03,001 --> 09:48:05,000 SENATOR HUTCHISON'S DEDICATION 11750 09:48:05,001 --> 09:48:08,000 TO AMERICAN VETS AND TO THE 11751 09:48:08,001 --> 09:48:10,000 MILITARY HAS BEEN A TREMENDOUS 11752 09:48:10,001 --> 09:48:14,000 ASSET IN DEVELOPING THIS BILL, 11753 09:48:14,001 --> 09:48:19,000 AND I THANK HER FOR HER HELP AND COOPERATION. 11754 09:48:19,001 --> 09:48:21,000 I ALSO THANK CHAIRMAN INOUYE AND 11755 09:48:21,001 --> 09:48:23,000 VICE-CHAIRMAN COCHRAN FOR THEIR 11756 09:48:23,001 --> 09:48:27,000 SU 11757 09:48:27,001 --> 09:48:28,000 THIS BILL FORWARD. 11758 09:48:28,001 --> 09:48:31,000 THIS MILITARY CONSTRUCTION AND 11759 09:48:31,001 --> 09:48:34,000 VETERANS AFFAIRS BILL PROVIDES 11760 09:48:34,001 --> 09:48:36,000 CRITICAL INVESTMENTS IN CAPITAL 11761 09:48:36,001 --> 09:48:39,000 INFRASTRUCTURE FOR OUR MILITARY, 11762 09:48:39,001 --> 09:48:41,000 INCLUDING BARRACKS AND FAMILY 11763 09:48:41,001 --> 09:48:43,000 HOUSING, TRAING AND 11764 09:48:43,001 --> 09:48:47,000 OPERATIONAL FACILITIES, AND 11765 09:48:47,001 --> 09:48:49,000 CHILD CARE AND FAMILY SUPPORT CENTERS. 11766 09:48:49,001 --> 09:48:52,000 IN ADDITION, IT FULFILLS THE 11767 09:48:52,001 --> 09:48:56,000 NATION'S PROMISE TO OUR VETS BY 11768 09:48:56,001 --> 09:48:58,000 PROVIDING TH 11769 09:48:58,001 --> 09:49:00,000 FOR MEDIC CARE AND BENEFITS THAT 11770 09:49:00,001 --> 09:49:03,000 OUR VETS HAVE EARNED THROUGH 11771 09:49:03,001 --> 09:49:05,000 THEIR SERVICE. 11772 09:49:05,001 --> 09:49:08,000 MR. PRESIDENT, THE BILL BEFORE 11773 09:49:08,001 --> 09:49:13,000 THE SENATE TODAY PROVIDES A 11774 09:49:13,001 --> 09:49:17,000 TOTAL OF $133.9 BILON IN 11775 09:49:17,001 --> 09:49:21,000 FUNDING FOR FISCAL YEAR 2010. 11776 09:49:21,001 --> 09:49:26,000 THIS INCLUDES $76.7 BILLION IN 11777 09:49:26,001 --> 09:49:30,000 DISCRETIONARY FUNDING, $439 11778 09:49:30,001 --> 09:49:33,000 MILLION OVER THE BUDGET REQUEST, 11779 09:49:33,001 --> 09:49:34,000 $1.4 BILLION FOR OVERSEAS 11780 09:49:34,001 --> 09:49:36,000 CONTINGENCY OPERATIONS TO 11781 09:49:36,001 --> 09:49:40,000 SUPPORT OUR TROOPS IN 11782 09:49:40,001 --> 09:49:43,000 AFGHANISTAN, AND $55.8 BILLION 11783 09:49:43,001 --> 09:49:45,000 IN MIL 11784 09:49:45,001 --> 09:49:47,000 VETS' PROGRAMS. 11785 09:49:47,001 --> 09:49:50,000 IN ADDITION, I'M PLEASED TO 11786 09:49:50,001 --> 09:49:54,000 REPORT THAT FOR THE FIRST TIME, 11787 09:49:54,001 --> 09:49:57,000 THE BILL BEFORE US CONTAINS 11788 09:49:57,001 --> 09:49:59,000 $48.2 BILLION IN ADVANCED 11789 09:49:59,001 --> 09:50:02,000 APPROPRIATIONS FOR ADVANCED 11790 09:50:02,001 --> 09:50:06,000 MEDICAL CARE FOR FISCAL YEAR 2011. 11791 09:50:06,001 --> 09:50:09,000 AS AN ORIGINAL COSPONSOR OF THE 11792 09:50:09,001 --> 09:50:11,000 LEGISLATION AUTHORIZING ADVANCED 11793 09:50:11,001 --> 09:50:15,000 APPROPRIATIONS FOR OUR VETS' 11794 09:50:15,001 --> 09:50:17,000 HEALTH CARE, I'M PLEASED THAT 11795 09:50:17,001 --> 09:50:20,000 SENATOR HUTCHISON AND I WILL -- 11796 09:50:20,001 --> 09:50:21,000 AND I WERE ABLE TO PROVIDE THE 11797 09:50:21,001 --> 09:50:24,000 FUNDING IN THIS BILL TO 11798 09:50:24,001 --> 09:50:25,000 IMPLEMENT THIS IMPORTANT 11799 09:50:25,001 --> 09:50:28,000 LEGISLATION. 11800 09:50:28,001 --> 09:50:32,000 OTHER FUNDING PRIORITIES IN THE 11801 09:50:32,001 --> 09:50:36,000 BILL INCLUDE $53.2 BILLION IN 11802 09:50:36,001 --> 09:50:38,000 DISCRETIONARY FUNDING FOR VETS' 11803 09:50:38,001 --> 09:50:42,000 PROGRAMS, $150 MILLION OVER THE 11804 09:50:42,001 --> 09:50:45,000 BUDGET REQUEST, AND $3.9 BILLION 11805 09:50:45,001 --> 09:50:50,000 OVER LAST YEAR; $44.7 BILLION 11806 09:50:50,001 --> 09:50:54,000 FOR VETS' MEDICAL CARE, $4.2 11807 09:50:54,001 --> 09:50:57,000 BILLION OVER LAST YEAR; $23.2 11808 09:50:57,001 --> 09:51:01,000 BILLION FOR MILITARY 11809 09:51:01,001 --> 09:51:04,000 CONSTRUCTION AT $286 MILLION 11810 09:51:04,001 --> 09:51:07,000 OVER THE PRESIDENT'S BUDGET 11811 09:51:07,001 --> 09:51:09,000 REQUEST; $1.3 BILLION FOR GUARD 11812 09:51:09,001 --> 09:51:13,000 AND RESERVE CONSTRUCTION 11813 09:51:13,001 --> 09:51:18,000 PROJECTS, $264 MILLION ABOVE THE 11814 09:51:18,001 --> 09:51:21,000 BUDGET REQUEST; AND 279 MILLION 11815 09:51:21,001 --> 09:51:23,000 FOR RELATED AGENCIES INCLUDING 11816 09:51:23,001 --> 09:51:29,000 THE AMERICAN BATTLE MONUMENTS 11817 09:51:29,001 --> 09:51:31,000 COMMISSION AND ARLINGTON 11818 09:51:31,001 --> 09:51:33,000 NATIONAL CEMETY. 11819 09:51:33,001 --> 09:51:34,000 MR. PRESIDENT, NEXT WEDNESDAY IS 11820 09:51:34,001 --> 09:51:36,000 VETERANS DAY, A DAY IN WHICH THE 11821 09:51:36,001 --> 09:51:38,000 NATION HONORS ALL OF THOSE WHO 11822 09:51:38,001 --> 09:51:39,000 HAVE SERVED IN THE ARMED FORCES 11823 09:51:39,001 --> 09:51:42,000 OF THE UNITED STATES. 11824 09:51:42,001 --> 09:51:45,000 I CAN THINK OF NO BETTER WAY TO 11825 09:51:45,001 --> 09:51:48,000 EXPRESS THE SENATE'S GRATITUDE 11826 09:51:48,001 --> 09:51:50,000 FOR THE SERVICE OF OUR VETS AND 11827 09:51:50,001 --> 09:51:52,000 THE SACRIFICES THEY HAVE MADE 11828 09:51:52,001 --> 09:51:55,000 FOR OUR COUNTRY THAN TO PASS 11829 09:51:55,001 --> 09:51:58,000 THIS BILL WITHOUT DELAY. 11830 09:51:58,001 --> 09:52:01,000 AGAIN, I THANK MY RANKING MEMBER 11831 09:52:01,001 --> 09:52:05,000 FOR HER SUPPORT IN CRAFTING THE BILL. 11832 09:52:05,001 --> 09:52:07,000 I ALSO THANK THE STAFF OF THE 11833 09:52:07,001 --> 09:52:14,000 SUBCOMMITTEE, CHRISTINA EVANS, 11834 09:52:14,001 --> 09:52:16,000 CHET CHUCUM, AND AMY VANDENHAM, 11835 09:52:16,001 --> 09:52:20,000 AND BEN HAMMOND OF THE MINORITY 11836 09:52:20,001 --> 09:52:23,000 STAFF FOR THEIR HARD WORK AND 11837 09:52:23,001 --> 09:52:25,000 EFFORT TO PRODUCE THIS BILL. 11838 09:52:25,001 --> 09:52:28,000 I WOULD ASK THAT THE FULL TEXT 11839 09:52:28,001 --> 09:52:34,000 OF MY REMARKS BE INCLUDED IN THE 11840 09:52:34,001 --> 09:52:36,000 RECORD AS IF READ, AND I WILL I WOULD 11841 09:52:36,001 --> 09:52:39,000 NOW LIKE TO YIELD TO SENATOR 11842 09:52:39,001 --> 09:52:40,000 ROBERTS FOR HIS REMARKS. 11843 09:52:40,001 --> 09:52:44,000 MR. PRESIDENT, I YIELD THE 11844 09:52:44,001 --> 09:52:45,000 FLOOR. 11845 09:52:45,001 --> 09:52:50,000 THE PRESIDING OFFICER: THE 11846 09:52:50,001 --> 09:52:51,000 SENATOR FROM KANSAS. 11847 09:52:51,001 --> 09:52:52,000 MR. ROBERTS: MR. PRESIDENT? 11848 09:52:52,001 --> 09:52:53,000 THE PRESIDING OFFICER: THE 11849 09:52:53,001 --> 09:52:56,000 SENATOR FROM KANSAS. 11850 09:52:56,001 --> 09:52:58,000 MR. ROBERTS: MR. PRESIDENT, 11851 09:52:58,001 --> 09:53:00,000 SUDDENLY I FIND MYSELF AEMBER 11852 09:53:00,001 --> 09:53:02,000 OF THE POWERFUL APPROPRIATIONS 11853 09:53:02,001 --> 09:53:05,000 COMMITTEE, BUT IT COMES UNDER A 11854 09:53:05,001 --> 09:53:06,000 DARK CLOUD INDEED. 11855 09:53:06,001 --> 09:53:08,000 THE DISTINGUISHED CHAIRMAN, WHO 11856 09:53:08,001 --> 09:53:11,000 DOES SUCH A GREAT JOB IN BEHALF 11857 09:53:11,001 --> 09:53:12,000 OF OUR VETERANS AND MILITARY 11858 09:53:12,001 --> 09:53:14,000 CONSTRUCTION, HAS POINTED OUT 11859 09:53:14,001 --> 09:53:16,000 THE TERRIBLE TRAGEDY THAT HAS 11860 09:53:16,001 --> 09:53:18,000 HAPPENED AT FORT HOOD, AND SO I 11861 09:53:18,001 --> 09:53:21,000 AM HERE STANDING IN, IF YOU 11862 09:53:21,001 --> 09:53:24,000 WILL, FOR SENATOR 11863 09:53:24,001 --> 09:53:25,000 DOES SUCH A GOOD JOB IN 11864 09:53:25,001 --> 09:53:28,000 PARTNERSHIP WITH MY COLLEAGUE -- 11865 09:53:28,001 --> 09:53:29,000 AND MY FRIEND AND MY NEIGHBOR -- 11866 09:53:29,001 --> 09:53:31,000 WHO I RESPECT A GREAT DEAL. 11867 09:53:31,001 --> 09:53:34,000 SO I APPRECIATE THE OPPORTUNITY 11868 09:53:34,001 --> 09:53:36,000 TO SPEAK ON THE BILL BEFORE US, 11869 09:53:36,001 --> 09:53:40,000 AND AS KAY DEPARTS -- PARDON ME, 11870 09:53:40,001 --> 09:53:41,000 SENATOR HUTCHISON DEPARTS, AS 11871 09:53:41,001 --> 09:53:44,000 EARLY AS SHE POSSIBLY N TO GET 11872 09:53:44,001 --> 09:53:46,000 TO TEXAS TO ASSIST IN THE 11873 09:53:46,001 --> 09:53:48,000 CHALLENGE OF THIS GREAT TRAGEDY 11874 09:53:48,001 --> 09:53:51,000 WE WISH HER WELL AND OUR PRAYERS 11875 09:53:51,001 --> 09:53:52,000 ARE WITH HER AND ALL THE PEOPLE 11876 09:53:52,001 --> 09:53:53,000 AT FORT HOOD A ALL THE PEOPLE 11877 09:53:53,001 --> 09:53:54,000 IN TEXAS. 11878 09:53:54,001 --> 09:53:56,000 AS THE DISTINGUISHED CHAIRMAN 11879 09:53:56,001 --> 09:53:57,000 HAS STATED, A LOT OF TIME AND 11880 09:53:57,001 --> 09:53:58,000 ENERGY HAS GONE INTO PUTTING 11881 09:53:58,001 --> 09:54:01,000 11882 09:54:01,001 --> 09:54:02,000 THIS LEGISLATION TOGETHER, AND 11883 09:54:02,001 --> 09:54:05,000 SENATOR HUTCHISON WANTED TO 11884 09:54:05,001 --> 09:54:07,000 THANK CHAIRMAN JOHNSON, HIS 11885 09:54:07,001 --> 09:54:08,000 STAFF WHO ARE WORKING HARD TO 11886 09:54:08,001 --> 09:54:09,000 ADDRESS THE NEEDS OF OUR SERVICE 11887 09:54:09,001 --> 09:54:10,000 MEMBERS AND VETERANS. 11888 09:54:10,001 --> 09:54:12,000 MR. PRESIDENT, I AM GOING TO 11889 09:54:12,001 --> 09:54:13,000 REPEAT JUST A COUPLE OF THINGS 11890 09:54:13,001 --> 09:54:15,000 THAT ARE IN THE FULL STATEMENT 11891 09:54:15,001 --> 09:54:17,000 BY THE DISTINGUISHED SENATOR BUT 11892 09:54:17,001 --> 09:54:19,000 ASK PERMISSION AT THIS POINT 11893 09:54:19,001 --> 09:54:21,000 THAT HER FULL STATEMENT BE 11894 09:54:21,001 --> 09:54:22,000 INSERTED IN THE RECORD. 11895 09:54:22,001 --> 09:54:23,000 THE PRESIDING OFFICER: WITHOUT OBJECTION. 11896 09:54:23,001 --> 09:54:26,000 MR. ROBERTS: AS CHAIRMAN 11897 09:54:26,001 --> 09:54:28,000 JOHNSON HAS POINTED OUT, THE 11898 09:54:28,001 --> 09:54:29,000 MILITARY CONSTRUCTION, V 11899 09:54:29,001 --> 09:54:30,000 AFFAIRS, AND RELATED AGENCIES 11900 09:54:30,001 --> 09:54:35,000 APOPRIATIONS BILL INCLUDES FOR 11901 09:54:35,001 --> 09:54:38,000 FISCAL YEAR 2010 $76.7 BILLION 11902 09:54:38,001 --> 09:54:40,000 IN DISCRETIONARY SPENDING, $23.2 11903 09:54:40,001 --> 09:54:42,000 BILLION FOR MILITARY 11904 09:54:42,001 --> 09:54:44,000 CONSTRUCTION, $53.2 BILLION FOR 11905 09:54:44,001 --> 09:54:47,000 VETERANS, $5.8 BILLION IN 11906 09:54:47,001 --> 09:54:49,000 MANDATORY SPENDING FOR VETERANS' 11907 09:54:49,001 --> 09:54:51,000 BENEFITS AND $1.4 BILLION FOR 11908 09:54:51,001 --> 09:54:52,000 MILITARY CONSTRUCTION PROJECTS 11909 09:54:52,001 --> 09:54:53,000 TO ASSIST OUR TROOPS IN 11910 09:54:53,001 --> 09:54:55,000 AFGHANISTAN AND THEIR FIGHT 11911 09:54:55,001 --> 09:54:58,000 AGAINST TERRORISM. 11912 09:54:58,001 --> 09:54:59,000 A LOT OF THE FIGURES THAT 11913 09:54:59,001 --> 09:55:00,000 SENATOR HUTCHISON HAS HERE HAVE 11914 09:55:00,001 --> 09:55:01,000 BEEN REPEATED BY THE 11915 09:55:01,001 --> 09:55:03,000 DISTINGUISHED CHAIR 11916 09:55:03,001 --> 09:55:05,000 WON'T GO INTO THOSE. 11917 09:55:05,001 --> 09:55:06,000 BUT SENATOR HUTCHISON WANTED TO 11918 09:55:06,001 --> 09:55:08,000 INDICATE AND WANTED TO HIGHLIGHT 11919 09:55:08,001 --> 09:55:10,000 THAT SHE WAS VY PLEASED THAT 11920 09:55:10,001 --> 09:55:12,000 THE BILL PROVIDES FULL FUNDING 11921 09:55:12,001 --> 09:55:14,000 FOR THE BASE REALIGNMENT CLOSURE. 11922 09:55:14,001 --> 09:55:17,000 THE FUNDS ARE ESSENTIAL TO BRING 11923 09:55:17,001 --> 09:55:18,000 OUR TROOPS HOME, PREDOMINANTLY 11924 09:55:18,001 --> 09:55:19,000 FROM EUROPE AND KOREA, AND 11925 09:55:19,001 --> 09:55:24,000 BASING THEM IN THE UNITED STATES. 11926 09:55:24,001 --> 09:55:26,000 BY FUL FULLY FUNDING BRAC, WE CAN 11927 09:55:26,001 --> 09:55:28,000 TO STAY ON GOAL TO ACHIEVE THIS 11928 09:55:28,001 --> 09:55:31,000 GOAL BY SEPTEMBER OF 2011. 11929 09:55:31,001 --> 09:55:33,000 AND SHE WOU ALSO LIKE TO 11930 09:55:33,001 --> 09:55:34,000 HIGHLIGHT -- THE DISTINGUISHED 11931 09:55:34,001 --> 09:55:35,000 SENATOR WOULD LIKE TO HIGHLIGHT 11932 09:55:35,001 --> 09:55:39,000 THE LEGISLATION CONTAINS THE 11933 09:55:39,001 --> 09:55:42,000 NECESSARY FUNDS FOR THE DEFENSE DEPARTMENT, ESPECIALLY DESIGNED 11934 09:55:42,001 --> 09:55:44,000 TO HELP OUR SERVICE MEMBERS WHO 11935 09:55:44,001 --> 09:55:46,000 ARE FORCED TO RELOCATE IN THIS 11936 09:55:46,001 --> 09:55:47,000 HARSH ECONOMIC HOUSING 11937 09:55:47,001 --> 09:55:50,000 ENVIRONMENT. 11938 09:55:50,001 --> 09:55:51,000 I MIGHT ADD THAT WE SEE THIS AT 11939 09:55:51,001 --> 09:55:56,000 FT. LEAVENWORTH AND FT. REILLY IN KANSAS. 11940 09:55:56,001 --> 09:55:57,000 THE HOMEOWNERS ASSISTANCE FUND, 11941 09:55:57,001 --> 09:55:58,000 AIRMAN JOHNSON HAS BEEN 11942 09:55:58,001 --> 09:56:01,000 ABSOLUTELY INSTRUMENTAL IN 11943 09:56:01,001 --> 09:56:03,000 MAKING THIS PROGRAM A SUCCESS. 11944 09:56:03,001 --> 09:56:04,000 THE LEGISLATION CONTAINS ABOUT 11945 09:56:04,001 --> 09:56:07,000 $1.4 BILLION IN EMERGENCY 11946 09:56:07,001 --> 09:56:08,000 FUNDING FOR THE WAR IN AFGHANISTAN. 11947 09:56:08,001 --> 09:56:10,000 SENATOR HUTCHISON, MYSELF, 11948 09:56:10,001 --> 09:56:12,000 ALMOST EVERY SENATOR KNOWS THE 11949 09:56:12,001 --> 09:56:14,000 POLICY OF THIS CONFLICT HAVE 11950 09:56:14,001 --> 09:56:16,000 BEEN PASSIONATELY DEBATED. 11951 09:56:16,001 --> 09:56:17,000 -- ON THE SENATE FLOOR IN RECENT 11952 09:56:17,001 --> 09:56:19,000 DAYS, BUT I AMURE THAT WE CAN 11953 09:56:19,001 --> 09:56:21,000 ALL AGREE THAT INDEPENDENT OF 11954 09:56:21,001 --> 09:56:23,000 OUR VIEWS ON THE WAR OR THE 11955 09:56:23,001 --> 09:56:26,000 STRATEGY OF THAT NATIONAL 11956 09:56:26,001 --> 09:56:27,000 SECURITY THREAT, WE MUST PROVIDE 11957 09:56:27,001 --> 09:56:29,000 THE INFRASTRUCTURE NEEDS OF OUR 11958 09:56:29,001 --> 09:56:31,000 SAILORS, SOLDIERS, AIRMEN, AND MARINES. 11959 09:56:31,001 --> 09:56:33,000 AND BY THE WAY, THEY CELEBRATED 11960 09:56:33,001 --> 09:56:34,000 THEIR BIRTHDAY TODAY. 11961 09:56:34,001 --> 09:56:35,000 THIS BILL DOES JUST THAT. 11962 09:56:35,001 --> 09:56:39,000 IN ADDITION, I WOULD POINT OUT 11963 09:56:39,001 --> 09:56:40,000 THAT THE DISTINGUISHED RANKING 11964 09:56:40,001 --> 09:56:41,000 MEMBER WANTED TO EXPRESS HER 11965 09:56:41,001 --> 09:56:45,000 STRONG COMMITMENT TO MAKE SURE 11966 09:56:45,001 --> 09:56:47,000 THAT OUR NATO ALLIES -- OUR NATO 11967 09:56:47,001 --> 09:56:49,000 ALLIES -- FUND THEIR FAIR SHARE 11968 09:56:49,001 --> 09:56:51,000 OF THESE JOINT PJECTS. 11969 09:56:51,001 --> 09:56:54,000 THE CHAIRMAN HAS ALREADY GONE 11970 09:56:54,001 --> 09:56:57,000 OVER THE FIGURES FOR THE 11971 09:56:57,001 --> 09:56:58,000 DEPARTMENT OF VETERANS AFFAIRS. 11972 09:56:58,001 --> 09:57:00,000 ALTHOUGH SENATOR HUTCHISON DID 11973 09:57:00,001 --> 09:57:02,000 WANT TO POINT OUT THAT IT 11974 09:57:02,001 --> 09:57:04,000 INCLUDES FUNDING TO ENHANCE 11975 09:57:04,001 --> 09:57:08,000 OUTREACH AND SERVICES FOR MENTAL 11976 09:57:08,001 --> 09:57:09,000 HEALTH CARE, COMBAT 11977 09:57:09,001 --> 09:57:11,000 HOMELESSNESS, FURTHER MEET THE 11978 09:57:11,001 --> 09:57:12,000 NEEDS OF WOMEN VETERANS, AND 11979 09:57:12,001 --> 09:57:13,000 EXPAND TO HEALTH CARE IN RURAL 11980 09:57:13,001 --> 09:57:14,000 ARKS SOMETHING THE CHAIRMAN 11981 09:57:14,001 --> 09:57:16,000 KNOWS ALL 11982 09:57:16,001 --> 09:57:18,000 LIKE TO THINK I KNOW SOMETHING 11983 09:57:18,001 --> 09:57:19,000 ABOUT AND SOMETHING THAT I KNOW 11984 09:57:19,001 --> 09:57:21,000 THAT SENATOR HUTCHISON KNOWS 11985 09:57:21,001 --> 09:57:24,000 ABOUT A GREAT DEAL. 11986 09:57:24,001 --> 09:57:25,000 FINALLY, WE INCLUDED $48.2 11987 09:57:25,001 --> 09:57:26,000 BILLION IN ADVANCED 11988 09:57:26,001 --> 09:57:29,000 APPROPRIATIONS FOR VETERANS' 11989 09:57:29,001 --> 09:57:31,000 MEDICAL CARE FOR FISCAL YEAR 2011. 11990 09:57:31,001 --> 09:57:33,000 THIS FUNDING WILL ALLOW THE V.A. 11991 09:57:33,001 --> 09:57:35,000 TO BETTER PLAN THE BUDGET FOR 11992 09:57:35,001 --> 09:57:36,000 OUR VETERANS' HEALTH CARE. 11993 09:57:36,001 --> 09:57:38,000 MR. PRESIDENT, CONGRESS HAS 11994 09:57:38,001 --> 09:57:39,000 SHOWN ITS RESOLVE TIME AND AGAIN 11995 09:57:39,001 --> 09:57:40,000 TO CARE FOR OUR NATION'S 11996 09:57:40,001 --> 09:57:41,000 VETERA AND PROVIDE THE 11997 09:57:41,001 --> 09:57:42,000 INFRASTRUCTURE FOR OUR MEN AND 11998 09:57:42,001 --> 09:57:45,000 WOMEN IN UNIFORM. 11999 09:57:45,001 --> 09:57:46,000 WE ALL OWE THEM OUR DEBT OF 12000 09:57:46,001 --> 09:57:48,000 GRATITUDE AND WILL DO OUR PART 12001 09:57:48,001 --> 09:57:49,000 TO TAKE CARE OF THEM. 12002 09:57:49,001 --> 09:57:51,000 SO I ASK MY COLLEAGUES TO 12003 09:57:51,001 --> 09:57:53,000 SUPPORT THIS BILL. 12004 09:57:53,001 --> 09:57:54,000 WE HAVE NO OBJECTION ON THIS 12005 09:57:54,001 --> 09:57:56,000 SIDE. 12006 09:57:56,001 --> 09:57:59,000 AND, AGAIN, I WANT TO THANK THE 12007 09:57:59,001 --> 09:58:01,000 OF HIS WORK AND LEADERSHIP. 12008 09:58:01,001 --> 09:58:02,000 I YIELD BACK. 12009 09:58:02,001 --> 09:58:04,000 THE PRESIDING OFFICER: THE 12010 09:58:04,001 --> 09:58:06,000 SENATOR FROM SOUTH DAKOTA. 12011 09:58:06,001 --> 09:58:08,000 MR. JOHNSON: MR. PRESIDENT, I 12012 09:58:08,001 --> 09:58:11,000 SEND AN AMENDMENT TO THE DESK ON 12013 09:58:11,001 --> 09:58:13,000 BEHALF OF MYSELF AND SENATOR 12014 09:58:13,001 --> 09:58:15,000 HUTCHISON AND ASK FOR 12015 09:58:15,001 --> 09:58:21,000 IMMEDIATE CONSIDERATION. THE PRESIDING OFFICER: THE 12016 09:58:21,001 --> 09:58:22,000 CLERK WILL REPORT. 12017 09:58:22,001 --> 09:58:23,000 THE CLERK: THE SENATOR FROM 12018 09:58:23,001 --> 09:58:26,000 SOUTH DAKOTA, MR. JOHNSON, 12019 09:58:26,001 --> 09:58:30,000 PROPOSES AMENDMENT NUMBERED 2732 12020 09:58:30,001 --> 09:58:32,000 TO AMENDMENT NUMBER 2730. 12021 09:58:32,001 --> 09:58:34,000 MR. JOHNSON: MR. PRESIDENT, I 12022 09:58:34,001 --> 09:58:35,000 ASK UNANIMOUS CONSENT THAT THE 12023 09:58:35,001 --> 09:58:36,000 READING OF THE AMENDMENT 12024 09:58:36,001 --> 09:58:37,000 DISPENSED WITH. 12025 09:58:37,001 --> 09:58:44,000 THE PRESIDING OFFICER: WITHOUT 12026 09:58:44,001 --> 09:58:45,000 OBJECTION. 12027 09:58:45,001 --> 09:58:47,000 MR. JOHNSON: MR. PRESIDENT, 12028 09:58:47,001 --> 09:58:51,000 THIS AMENDMENT IS A TECHNICAL 12029 09:58:51,001 --> 09:58:56,000 AMENDMENT WHICH PROVIDES THE 12030 09:58:56,001 --> 09:58:58,000 PROPER 12031 09:58:58,001 --> 09:58:59,000 BILL, OVERSEAS CONTINGENCY 12032 09:58:59,001 --> 09:59:03,000 OPERATIONS. 12033 09:59:03,001 --> 09:59:04,000 IT WAS INADVERTENTLY LEFT OUST 12034 09:59:04,001 --> 09:59:05,000 OF THE BILL. 12035 09:59:05,001 --> 09:59:14,000 THE AMENDMENT WOULD CORRECT THIS 12036 09:59:14,001 --> 09:59:17,000 ERROR. 12037 09:59:17,001 --> 09:59:18,000 I'D NOTE THE 12038 09:59:18,001 --> 09:59:23,000 QUORUM. THE PRESIDING OFFICER: THE 12039 09:59:23,001 --> 10:00:20,000 CLERK WILL CALL THE ROLL. 12040 10:00:20,001 --> 10:00:21,000 QUORUM CALL: 12041 10:00:21,001 --> 10:00:22,000 MR. JOHNSON: I ASK THE QUOM 12042 10:00:22,001 --> 10:00:24,000 CALL BE VITIATED. 12043 10:00:24,001 --> 10:00:25,000 THE PRESIDING OFFICER: WITHOUT 12044 10:00:25,001 --> 10:00:27,000 OBJECTION. 12045 10:00:27,001 --> 10:00:29,000 THE GENTLEMAN FROSOUTH DAKOTA. 12046 10:00:29,001 --> 10:00:31,000 MR. JOHNSON: I BELIEVE IT HAS 12047 10:00:31,001 --> 10:00:32,000 BEEN INCLUDED 12048 10:00:32,001 --> 10:00:34,000 ASKING UNANIMOUS 12049 10:00:34,001 --> 10:00:35,000 THE AMENDMENT BE AGREED TO. 12050 10:00:35,001 --> 10:00:37,000 MR. ROBERTS: WOULD THE 12051 10:00:37,001 --> 10:00:39,000 DISTINGUISHED CHAIRMAN YIELD? THE PRESIDING OFFICER: THE 12052 10:00:39,001 --> 10:00:40,000 SENATOR FROM KANSAS. 12053 10:00:40,001 --> 10:00:41,000 MR. ROBERTS: I THANK YOU, 12054 10:00:41,001 --> 10:00:43,000 MR. PRESIDENT. 12055 10:00:43,001 --> 10:00:45,000 THE CHAIRMAN HAS ACCURATELY DESCRIBED, ACCURATELY DESCRIBED 12056 10:00:45,001 --> 10:00:47,000 THE CONTENTS OF THE AMENDMENT. WE HAVE NO OBJECTION AND URGE 12057 10:00:47,001 --> 10:00:49,000 THAT IT BE AGREED TO. 12058 10:00:49,001 --> 10:00:51,000 THE PRESIDING OFFICER: WITHOUT OBJECTION, THE AMENDMENT IS 12059 10:00:51,001 --> 10:00:52,000 AGREED TO. 12060 10:00:52,001 --> 10:00:53,000 MR. JOHN 12061 10:00:53,001 --> 10:00:55,000 ABSENCE OF A QUORUM. 12062 10:00:55,001 --> 10:00:58,000 THE PRESIDING OFFICER: THE CLERK 12063 10:00:58,001 --> 10:15:07,000 WILL 12064 10:15:07,001 --> 10:15:09,000 QUORUM CALL: 12065 10:15:09,001 --> 10:15:11,000 MR. BROWN: MR. PRESIDENT? THE PRESIDING OFFICER: THE 12066 10:15:11,001 --> 10:15:12,000 MR. BROWN: I ASK UNANIMOUS 12067 10:15:12,001 --> 10:15:13,000 CONSENT TO DISPENSE WITH THE 12068 10:15:13,001 --> 10:15:14,000 QUORUM CALL. 12069 10:15:14,001 --> 10:15:15,000 THE PRESIDING OFFICER: WITHOUT OBJECTION. 12070 10:15:15,001 --> 10:15:16,000 MR. BROWN: I ASK UNANIMOUS 12071 10:15:16,001 --> 10:15:18,000 CONSENT, MR. PRESIDENT, TO SPEAK 12072 10:15:18,001 --> 10:15:19,000 AS IF IN MORNING BUSINESS. 12073 10:15:19,001 --> 10:15:21,000 THE PRESIDING OFFICER: WITHOUT 12074 10:15:21,001 --> 10:15:27,000 OBJECTION. 12075 10:15:27,001 --> 10:15:28,000 MR. BROWN: NOT 12076 10:15:28,001 --> 10:15:29,000 MR. PRESIDENT? 12077 10:15:29,001 --> 10:15:30,000 I ASK UNANIMOUS CONSENT TO 12078 10:15:30,001 --> 10:15:31,000 WITHDRAW THAT REQUEST. 12079 10:15:31,001 --> 10:15:33,000 THE PRESIDING OFFICER: WITHOUT OBJECTION. 12080 10:15:33,001 --> 10:15:34,000 MR. BROWN: MR. PRESIDENT, WITH 12081 10:15:34,001 --> 10:15:36,000 RESPECT TO 12082 10:15:36,001 --> 10:15:37,000 MOVE TO RECONSIDER AND TABLE THE 12083 10:15:37,001 --> 10:15:38,000 VOTE ON ADOPTION OF THE AMENDMENT. 12084 10:15:38,001 --> 10:15:39,000 THE PRESIDIN 12085 10:15:39,001 --> 10:15:40,000 OBJECTION. 12086 10:15:40,001 --> 10:15:41,000 MR. BROWN: MR. PRESIDENT, I ASK 12087 10:15:41,001 --> 10:15:42,000 UNANIMOUS CONSENT TO SPEAK AS IF 12088 10:15:42,001 --> 10:15:43,000 IN MORNING BUSINESS. 12089 10:15:43,001 --> 10:15:44,000 THE PRESIDING OFFICER: WITHOUT OBJECTION. 12090 10:15:44,001 --> 10:15:45,000 MR. BROWN: THANK YOU, 12091 10:15:45,001 --> 10:15:48,000 MR. PRESIDENT. 12092 10:15:48,001 --> 10:15:50,000 I RISE AGAIN THIS EVENING AS I 12093 10:15:50,001 --> 10:15:54,000 HAVE MANY DAYS IN THE LAST 12094 10:15:54,001 --> 10:15:56,000 COUPLE OF MONTHS TO SHARE WITH 12095 10:15:56,001 --> 10:15:57,000 YOU LETTERS -- SHARE WITH MY 12096 10:15:57,001 --> 10:16:02,000 COLLEAGUES LETTERS FROM PEOPLE 12097 10:16:02,001 --> 10:16:03,000 IN OHIO, FROM LIMA AND 12098 10:16:03,001 --> 10:16:04,000 SPRINGFIELD AND 12099 10:16:04,001 --> 10:16:06,000 PEOPLE WHO ARE SHARING THEIR 12100 10:16:06,001 --> 10:16:08,000 STORY WITH US, AND I THINK THAT 12101 10:16:08,001 --> 10:16:11,000 AS I H 12102 10:16:11,001 --> 10:16:13,000 FOR THREE YEARS, IT OCCURS 12103 10:16:13,001 --> 10:16:15,000 PERHAPS MORE OFTEN THAN NOT THAT 12104 10:16:15,001 --> 10:16:17,000 WE -- YOU KNOW, WE TALK ABOUT 12105 10:16:17,001 --> 10:16:19,000 POLICY UP HERE, BUT WE JUST 12106 10:16:19,001 --> 10:16:21,000 SIMPLY DON'T PAY ENOUGH 12107 10:16:21,001 --> 10:16:22,000 ATTENTION TO INDIVIDUAL PROBLEMS 12108 10:16:22,001 --> 10:16:24,000 AND INDIVIDUAL PEOPLE, AND 12109 10:16:24,001 --> 10:16:25,000 THAT'S WHY A LOT OF PEOPLE THINK 12110 10:16:25,001 --> 10:16:27,000 THAT THEIR ELECTED OFFICIALS ARE 12111 10:16:27,001 --> 10:16:28,000 OUT OF TOUCH WITH THEM, AND 12112 10:16:28,001 --> 10:16:30,000 THESE LETTERS REALLY DO SHARE 12113 10:16:30,001 --> 10:16:32,000 WITH US SORT OF WHERE WE ARE AND 12114 10:16:32,001 --> 10:16:33,000 WHAT WE OUGHT TO DO AND HOW WE 12115 10:16:33,001 --> 10:16:37,000 SHOULD RESPOND AS WE MOVE 12116 10:16:37,001 --> 10:16:39,000 FORWARD ON THE HEALTH ISS. 12117 10:16:39,001 --> 10:16:40,000 NOW, THIS LETTER COMES FROM ANN 12118 10:16:40,001 --> 10:16:42,000 FROM MONTGOMERY COUNTY. 12119 10:16:42,001 --> 10:16:43,000 SHE WRITES -- 12120 10:16:43,001 --> 10:16:45,000 PREMIUMS HAVE NEARLY TRIPLED IN 12121 10:16:45,001 --> 10:16:48,000 THE LAST SIX YEARS, GOING FROM 12122 10:16:48,001 --> 10:16:49,000 FROM $500 PER MONTH TO $1,500 PER MONTH. 12123 10:16:49,001 --> 10:16:50,000 AT THE SAME TIME, NONE OF OUR 12124 10:16:50,001 --> 10:16:55,000 BENEFITS HAVE INCREASED. 12125 10:16:55,001 --> 10:16:56,000 SINCE WE BOUGHT OUR POLICY, WE 12126 10:16:56,001 --> 10:16:58,000 PAID THE INSURANCE COMPANY 12127 10:16:58,001 --> 10:16:59,000 COMPANY $68,000 FOR THE 12128 10:16:59,001 --> 10:17:01,000 INSURANCE. 12129 10:17:01,001 --> 10:17:02,000 ANTHEM'S TOTAL SPENDING FOR MY 12130 10:17:02,001 --> 10:17:07,000 FAMILY'S CLAIMS SINCE WE BOUGHT 12131 10:17:07,001 --> 10:17:12,000 THE INSURANCE, $4,064.24. 12132 10:17:12,001 --> 10:17:15,000 AND THEN SHE WRITES -- "ANTHEM'S 12133 10:17:15,001 --> 10:17:16,000 PROFIT FROM MY FAMILY, $64,000. 12134 10:17:16,001 --> 10:17:22,000 ANTHEM'S C.E.O.'S TOTAL 12135 10:17:22,001 --> 10:17:24,000 COMPENSATION LAST YEAR ALONE ALONE, $10 MILLION." 12136 10:17:24,001 --> 10:17:26,000 ANN FROM MONTGOMERY COUNTY, 12137 10:17:26,001 --> 10:17:28,000 DAYTON, HUBER HEIGHTS, 12138 10:17:28,001 --> 10:17:30,000 CENTREVILLE, OAKWOOD, THAT AREA 12139 10:17:30,001 --> 10:17:32,000 OF MY STATE, SOUTHWEST OHIO. 12140 10:17:32,001 --> 10:17:35,000 OBVIOUSLY, ANN IS ANGRY AND 12141 10:17:35,001 --> 10:17:36,000 FRUSTRATED WITH WHAT SHE HAS SEEN. 12142 10:17:36,001 --> 10:17:38,000 SHE IS PAYING SO MUCH FOR 12143 10:17:38,001 --> 10:17:40,000 INSURANCE, SHE HAS GOT SO LITTLE 12144 10:17:40,001 --> 10:17:42,000 BENEFITS, AND SHE SEES ANTHEM'S 12145 10:17:42,001 --> 10:17:45,000 C.E.O. TAKING DOWN $10 MILLION A YEAR. 12146 10:17:45,001 --> 10:17:47,000 MR. PRESIDENT, WHAT WE SEE HERE 12147 10:17:47,001 --> 10:17:49,000 REPEATEDLY IS THE INSURANCE 12148 10:17:49,001 --> 10:17:52,000 INDUSTRY, THE AVERAGE C.E.O.'S 12149 10:17:52,001 --> 10:17:53,000 SALARY 12150 10:17:53,001 --> 10:17:55,000 INSURANCE COMPANIES, HEALTH 12151 10:17:55,001 --> 10:17:58,000 INSURANCE COMPANIES, THE AVERAGE 12152 10:17:58,001 --> 10:18:00,000 C.E.O.'S SALARY IS $11 MILLION A YEAR. 12153 10:18:00,001 --> 10:18:02,000 INSURANCE COMPANY PROFITS HAVE 12154 10:18:02,001 --> 10:18:03,000 GONE UP MORE THAN 400% IN THE 12155 10:18:03,001 --> 10:18:05,000 LAST SEVERAL YEARS, AND THE WAY 12156 10:18:05,001 --> 10:18:06,000 THEY MAKE THIS MONEY IS THIS 12157 10:18:06,001 --> 10:18:10,000 KIND OF BUSINESS MODEL WHERE 12158 10:18:10,001 --> 10:18:12,000 THEY HIRE A HUGE BEAUCRACY, A 12159 10:18:12,001 --> 10:18:13,000 BUNCH OF BUREAUCRATS TO KEEP 12160 10:18:13,001 --> 10:18:15,000 PEOPLE FROM BUYING INSURANCE IF 12161 10:18:15,001 --> 10:18:16,000 THEY'RE SICK. 12162 10:18:16,001 --> 10:18:18,000 THEY DISCRIMINATE BASED ON 12163 10:18:18,001 --> 10:18:20,000 GENDER, THEY DISCRIMINATE BASED 12164 10:18:20,001 --> 10:18:21,000 ON 12165 10:18:21,001 --> 10:18:24,000 ON DISABILITY. 12166 10:18:24,001 --> 10:18:25,000 IN SOME CASES, THEY USE THE 12167 10:18:25,001 --> 10:18:28,000 EXCUSE OF PRE-EXISTING CONDITION 12168 10:18:28,001 --> 10:18:29,000 TO KEEP PEOPLE FROM BUYING 12169 10:18:29,001 --> 10:18:31,000 POLICIES, INCLUDING, BELIEVE IT 12170 10:18:31,001 --> 10:18:36,000 OR NOT, WOMEN WHO HAVE BEEN 12171 10:18:36,001 --> 10:18:38,000 VICTIMS OF DOMESTIC VIOLENCE. SOME INSURANCE COMPANIES 12172 10:18:38,001 --> 10:18:39,000 CONSIDER THAT A PREEXISTING 12173 10:18:39,001 --> 10:18:42,000 CONDITION F. THEIR HUSBAND HIT 12174 10:18:42,001 --> 10:18:43,000 THEM ONCE, THEY MIGHT HIM THEM 12175 10:18:43,001 --> 10:18:44,000 AGAIN AND THAT WOULD BE A COST TO THE INSURANCE COMPANIES. 12176 10:18:44,001 --> 10:18:46,000 THEY CAN'T GET INSURANCE. 12177 10:18:46,001 --> 10:18:48,000 SOMETIMES A WOMAN WHO'S HAD A 12178 10:18:48,001 --> 10:18:49,000 C-SECTION IS A PREEXISTING 12179 10:18:49,001 --> 10:18:52,000 CONDITION, CAN'T GET INSURANCE 12180 10:18:52,001 --> 10:18:53,000 BECAUSE IF A WOMAN HAD A 12181 10:18:53,001 --> 10:18:56,000 C-SECTION, SHE MIGHT GET 12182 10:18:56,001 --> 10:18:58,000 PREGNANT AGAIN AND NEED ANOTHER ONE. 12183 10:18:58,001 --> 10:19:00,000 THAT'S TOO EXPENSIVE. 12184 10:19:00,001 --> 10:19:03,000 THEY DON'T GIVE HER INSURANCE. 12185 10:19:03,001 --> 10:19:07,000 THAT'S HOW ANTHEM AND THESE 12186 10:19:07,001 --> 10:19:08,000 OTHER 12187 10:19:08,001 --> 10:19:11,000 PROFITS. ON THE O 12188 10:19:11,001 --> 10:19:14,000 MORE BUREAUCRATS TO - 12189 10:19:14,001 --> 10:19:16,000 YOUR CLAIMS WHEN YOU -- WHEN YOU 12190 10:19:16,001 --> 10:19:19,000 FILE FOR CLAIMS WHEN YOU'VE BEEN SICK. 12191 10:19:19,001 --> 10:19:20,000 AND THESE CLAIMS OFTENTIMES, THE 12192 10:19:20,001 --> 10:19:22,000 INSURANCE COMPANY RECORDS SEE 12193 10:19:22,001 --> 10:19:24,000 THAT ABOUT 30% OF ALL CLAIMS ARE 12194 10:19:24,001 --> 10:19:25,000 REJECTED 12195 10:19:25,001 --> 10:19:27,000 SOMETIMES THEY'RE APPEALED AND 12196 10:19:27,001 --> 10:19:29,000 THEY THEN PAY THEE CLAIMS, BUT 12197 10:19:29,001 --> 10:19:31,000 THEN YOU -- 12198 10:19:31,001 --> 10:19:32,000 AS THE PATIENT OR YOU AS THE 12199 10:19:32,001 --> 10:19:33,000 FAMILY OF THE SICK HUSBAND, 12200 10:19:33,001 --> 10:19:34,000 WIFE, CHILD, WHATEVER, HAVE TO 12201 10:19:34,001 --> 10:19:36,000 SPEND YOUR TIME ON THE PHONE 12202 10:19:36,001 --> 10:19:37,000 FIGHTING WITH THE INSURANCE 12203 10:19:37,001 --> 10:19:39,000 COMPANY WHILE AT THE SAME TIME 12204 10:19:39,001 --> 10:19:40,000 YOU'RE TRYIN 12205 10:19:40,001 --> 10:19:41,000 HUSBAND OR YOUR WIFE OR YOUR 12206 10:19:41,001 --> 10:19:43,000 CHILD OR YOUR MOTHER. 12207 10:19:43,001 --> 10:19:44,000 AND WHAT KIND 12208 10:19:44,001 --> 10:19:48,000 MR. PRESIDENT? WE ALLOW THESE INSURANCE 12209 10:19:48,001 --> 10:19:49,000 COMPANIES TO DO THAT. 12210 10:19:49,001 --> 10:19:50,000 MR. PRESIDENT, WHAT I'VE FOUND 12211 10:19:50,001 --> 10:19:51,000 IN THESE LETTERS IN THE LAST 12212 10:19:51,001 --> 10:19:52,000 THREE MONTHS THAT I'VE BEEN 12213 10:19:52,001 --> 10:19:53,000 DOING THIS ON THE SENATE FLOOR 12214 10:19:53,001 --> 10:19:55,000 ARE A COUPLE OF THINGS. 12215 10:19:55,001 --> 10:19:58,000 ONE IS THAT 12216 10:19:58,001 --> 10:20:01,000 WERE PRETTY HAPPY WITH THEIR 12217 10:20:01,001 --> 10:20:02,000 INSURANCE IF YOU'D ASKED THEM A 12218 10:20:02,001 --> 10:20:04,000 YEAR OR TWO EARLIER BUT THEN 12219 10:20:04,001 --> 10:20:06,000 THEY GOT SICK AND THEY FOUND OUT 12220 10:20:06,001 --> 10:20:07,000 THEIR INSURANCE WASN'T WHAT THEY 12221 10:20:07,001 --> 10:20:09,000 THOUGHT IT WAS. 12222 10:20:09,001 --> 10:20:11,000 THAT BUILD. 12223 10:20:11,001 --> 10:20:13,000 AND THE OTHER THING I'VE FOUND, 12224 10:20:13,001 --> 10:20:15,000 A LOT OF PEOPLE IN THEIR LATE 12225 10:20:15,001 --> 10:20:16,000 50'S, EARLY 60'S HAVE -- HAVE 12226 10:20:16,001 --> 10:20:17,000 LOST THEIR INSURANCE, THEY'VE 12227 10:20:17,001 --> 10:20:19,000 LOST 12228 10:20:19,001 --> 10:20:21,000 HAS BEEN CANCELED AT THEIR 12229 10:20:21,001 --> 10:20:22,000 EMPLOYERS, THEIR EMPLOYER'S NOT 12230 10:20:22,001 --> 10:20:24,000 BEEN ABLE TO AFFORD IT, IT'S 12231 10:20:24,001 --> 10:20:25,000 BEEN A SMALL BUSINESS, WHATEVER, 12232 10:20:25,001 --> 10:20:26,000 THEY DON'T HAVE INSURANCE AND 12233 10:20:26,001 --> 10:20:27,000 THEY'RE 58 YEARS OLD OR 62 YEARS 12234 10:20:27,001 --> 10:20:30,000 OLD AND THEY JUST HOPE THEY CAN 12235 10:20:30,001 --> 10:20:31,000 HANG ON UNTIL THEY'RE MEDICARE 12236 10:20:31,001 --> 10:20:32,000 ELIGIBLE, UNTIL THEY CAN GET A 12237 10:20:32,001 --> 10:20:34,000 STABLE PUBLIC PLAN, LIKE THE 12238 10:20:34,001 --> 10:20:36,000 PUBLIC OPTION, A STABLE, 12239 10:20:36,001 --> 10:20:38,000 PLAN LIKE MEDICARE. 12240 10:20:38,001 --> 10:20:40,000 LET ME JUST SHARE TWO MORE 12241 10:20:40,001 --> 10:20:42,000 LETTERS, MR. PRESIDENT 12242 10:20:42,001 --> 10:20:43,000 JOHN FROM RICHLAND COUNTY, 12243 10:20:43,001 --> 10:20:47,000 THAT'S MY HOME COUNTY, I GREW UP 12244 10:20:47,001 --> 10:20:48,000 IN MANSFIELD, CITY SHELBY, 12245 10:20:48,001 --> 10:20:50,000 LEXINGTON, BUTLER, THAT AREA 12246 10:20:50,001 --> 10:20:51,000 NORTH CENTRAL OHIO. 12247 10:20:51,001 --> 10:20:52,000 "HEALTH CARE REFORM WILL NOT BE 12248 10:20:52,001 --> 10:20:54,000 ACHIEVED UNLESS A PUBLIC OPTION 12249 10:20:54,001 --> 10:20:55,000 IS IN PLACE TO COMPETE WITH 12250 10:20:55,001 --> 10:20:57,000 PRIVATE CARRIERS. 12251 10:20:57,001 --> 10:20:58,000 I RETIRED AFTER 45 YEARS 12252 10:20:58,001 --> 10:21:00,000 RECENTLY AS A FAMILY PHYSICIAN. 12253 10:21:00,001 --> 10:21:01,000 IF GOVERNMENT-RUN MEDICINE IS SO 12254 10:21:01,001 --> 10:21:02,000 BAD, WHY SHOULD INSURANCE 12255 10:21:02,001 --> 10:21:04,000 COMPANIES OBJECT TO THE 12256 10:21:04,001 --> 10:21:05,000 COMPETITION? 12257 10:21:05,001 --> 10:21:06,000 COSTS AND TREATMENT ARE ALREADY 12258 10:21:06,001 --> 10:21:07,000 CONTROLLED BY THE INSURANCE 12259 10:21:07,001 --> 10:21:09,000 PROVIDERS WHOSE ONLY MOTIVE IS 12260 10:21:09,001 --> 10:21:10,000 PROFIT 12261 10:21:10,001 --> 10:21:12,000 ALLOWING THE INSURANCE INDUSTRY 12262 10:21:12,001 --> 10:21:15,000 TO DICTATE TERMS OF COST AND 12263 10:21:15,001 --> 10:21:16,000 TREATMENT IS SIMPLY NOT -- 12264 10:21:16,001 --> 10:21:17,000 SIMPLY NOT WORKED AND WON'T WORK. 12265 10:21:17,001 --> 10:21:20,000 PLEASE FIGHT FOR A POSITION. 12266 10:21:20,001 --> 10:21:22,000 " JOHN, A PHYSICIAN OF 45 YEARS, 12267 10:21:22,001 --> 10:21:24,000 HE SAYS SOMETHING INTERESTING, 12268 10:21:24,001 --> 10:21:25,000 BECAUSE, YOU KNOW, I HEAR 12269 10:21:25,001 --> 10:21:26,000 OPPONENTS TO THE PUBLIC OPTN, 12270 10:21:26,001 --> 10:21:27,000 A LOT OF CONSERVATIVES SAY, YOU 12271 10:21:27,001 --> 10:21:29,000 KNOW, GOVERNMENT C 12272 10:21:29,001 --> 10:21:31,000 ANYTHING MESSES EVERYTHING UP. 12273 10:21:31,001 --> 10:21:33,000 AND THEN THEY SAY THAT BUT THEN, 12274 10:21:33,001 --> 10:21:34,000 MR. PRESIDENT, THEY SAY IF WE 12275 10:21:34,001 --> 10:21:36,000 HAVE A PUBLIC OPTION, THEY'LL BE 12276 10:21:36,001 --> 10:21:37,000 SO EFFICIENT, THEY'LL RUN 12277 10:21:37,001 --> 10:21:39,000 PRIVATE INSURANCE OUT OF BUSINESS. 12278 10:21:39,001 --> 10:21:41,000 SO WHICH IS IT? 12279 10:21:41,001 --> 10:21:42,000 IS THE PUBLIC -- THE GOVERNMENT 12280 10:21:42,001 --> 10:21:43,000 CAN'T DO ANYTHING RIGHT OR THE 12281 10:21:43,001 --> 10:21:44,000 GOVERNMENT'S SO EFFICIENT IT'S 12282 10:21:44,001 --> 10:21:45,000 GOING TO RUN PRIVATE INSURANCE 12283 10:21:45,001 --> 10:21:47,000 OUT OF BUSINESS? 12284 10:21:47,001 --> 10:21:51,000 THE POINT IS, INSURANCE 12285 10:21:51,001 --> 10:21:53,000 EXECUTIVES -- AVERAGE C.E.O. 12286 10:21:53,001 --> 10:21:54,000 SALARY $11 MILLION -- INSURANCE 12287 10:21:54,001 --> 10:21:57,000 COMPANY PROFITS UP 400% IN THE 12288 10:21:57,001 --> 10:21:59,000 LAST SEVEN OR EIGHT YEARS, INSURANCE COMPANIES DON'T WANT 12289 10:21:59,001 --> 10:22:00,000 THE PUBLIC OPTION BECAUSE DO YOU 12290 10:22:00,001 --> 10:22:01,000 KNOW WHAT WILL HAPPEN? 12291 10:22:01,001 --> 10:22:03,000 THEIR PROFITS WON'T BE QUITE AS 12292 10:22:03,001 --> 10:22:04,000 HIGH, THEY WON'T GO UP 400%, 12293 10:22:04,001 --> 10:22:06,000 THEIR SALARIES WON'T BE AS HIGH 12294 10:22:06,001 --> 10:22:08,000 BECAUSE THEY'VE GOT COMPETION 12295 10:22:08,001 --> 10:22:12,000 FROM THE PUBLIC OPTION, AND THEY 12296 10:22:12,001 --> 10:22:13,000 KNOW THAT THEY'RE IN A 12297 10:22:13,001 --> 10:22:14,000 TH -- THAT LIFE'S NOT GOING TO 12298 10:22:14,001 --> 10:22:15,000 BE QUITE AS GOOD FOR I 12299 10:22:15,001 --> 10:22:16,000 COMPANIES AND INSURANCE 12300 10:22:16,001 --> 10:22:18,000 EXECUTIVES. 12301 10:22:18,001 --> 10:22:19,000 THAT'S WHY, MR. PRESIDENT, 12302 10:22:19,001 --> 10:22:20,000 THAT -- THAT'S WHY THEY DON'T 12303 10:22:20,001 --> 10:22:21,000 LIKE THE PUBLIC OPTION. 12304 10:22:21,001 --> 10:22:22,000 THAT'S WHY THEY FIGHT THE PUBLIC 12305 10:22:22,001 --> 10:22:23,000 OPTION. 12306 10:22:23,001 --> 10:22:24,000 AND 12307 10:22:24,001 --> 10:22:26,000 PUBLIC OPTION WILL WORK. 12308 10:22:26,001 --> 10:22:27,000 IT WILL MEAN MORE CHOICE FOR 12309 10:22:27,001 --> 10:22:29,000 CONSUMERS. 12310 10:22:29,001 --> 10:22:31,000 SOUTHWEST OHIO, 85 -- TWO 12311 10:22:31,001 --> 10:22:34,000 COMPANIES HAVE 85% OF THE 12312 10:22:34,001 --> 10:22:35,000 INSURANCE POLICIES IN SOUTHWEST 12313 10:22:35,001 --> 10:22:37,000 OHIO. PUBLIC OPTION WILL PROVIDE 12314 10:22:37,001 --> 10:22:38,000 COMPETITION, WILL STABILIZE 12315 10:22:38,001 --> 10:22:40,000 PRICES, WILL MEAN PRICES WILL 12316 10:22:40,001 --> 10:22:42,000 COME DOWN, WILL MEAN QUALITY WILL BE BETTER. 12317 10:22:42,001 --> 10:22:48,000 BECAUSE IF YOU HAVE TWO 12318 10:22:48,001 --> 10:22:50,000 COMPANIES CONTROLLING 85% OF THE 12319 10:22:50,001 --> 10:22:51,000 BATAVIA OR LEBANON OR HAMILTON 12320 10:22:51,001 --> 10:22:53,000 OR LITTLETON OR FAIRFIELD OR ANY 12321 10:22:53,001 --> 10:22:54,000 OF THOSE COUNTIES, YOU HAVE TWO 12322 10:22:54,001 --> 10:22:55,000 COMPANIES CONTROLLING 85% OF THE 12323 10:22:55,001 --> 10:22:56,000 BUSINESS, YOU KNOW, MR. PRESIDENT, THE QUALITY'S 12324 10:22:56,001 --> 10:22:57,000 LOWER AND THE PRICES ARE TOO 12325 10:22:57,001 --> 10:22:58,000 HIGH. 12326 10:22:58,001 --> 10:23:01,000 LET ME CONCLUDE AND THEN SENATOR 12327 10:23:01,001 --> 10:23:04,000 CASEY'S HERE, WHOAS MORE THAN 12328 10:23:04,001 --> 10:23:05,000 ANY SINGLE SENATOR, HAS SPOKEN 12329 10:23:05,001 --> 10:23:06,000 OUT STRONGLY AND FOUGHT FOR 12330 10:23:06,001 --> 10:23:08,000 SUCCESSFUL TO MAKE SURE THAT 12331 10:23:08,001 --> 10:23:09,000 THIS HEALTH CARE BILL W 12332 10:23:09,001 --> 10:23:13,000 OUR NATION'S 12333 10:23:13,001 --> 10:23:15,000 FROM WHEN WEASSED THE 12334 10:23:15,001 --> 10:23:16,000 BILL, S-CHIP, BACK MONTHS AND 12335 10:23:16,001 --> 10:23:18,000 MONTHS AGO, TO THE HEALTH CARE 12336 10:23:18,001 --> 10:23:19,000 BILL NOW THAT MY COLLEAGUE FROM 12337 10:23:19,001 --> 10:23:20,000 PENNSYLVANIA HAS -- HAS DONE 12338 10:23:20,001 --> 10:23:21,000 REMARKABLE WORK ON THAT. 12339 10:23:21,001 --> 10:23:22,000 BUT LET ME READ ONE MORE LETTER 12340 10:23:22,001 --> 10:23:27,000 AND THEN TURN TO HIM. 12341 10:23:27,001 --> 10:23:28,000 CHERYL FROM CAN CAYOGA COUNTY IN 12342 10:23:28,001 --> 10:23:29,000 NORTHERN OHIO WRITES, "MY 12343 10:23:29,001 --> 10:23:31,000 DAUGHTER'S PAYING COSTLY HEALTH 12344 10:23:31,001 --> 10:23:32,000 CARE OUT OF HER OWN POCKET TO 12345 10:23:32,001 --> 10:23:33,000 TREAT DEPRESSION. 12346 10:23:33,001 --> 10:23:36,000 DESPITE GETTING A NEW JOB, SHE 12347 10:23:36,001 --> 10:23:37,000 WAS TOLD HER CONDITION IS 12348 10:23:37,001 --> 10:23:38,000 PREEXISTING AND WOULDN'T BE COVERED. 12349 10:23:38,001 --> 10:23:40,000 AFTER STRUGGLING FOR A YEAR TO 12350 10:23:40,001 --> 10:23:41,000 FIND A GOOD JOB, SHE DOESN'T 12351 10:23:41,001 --> 10:23:42,000 NEED THIS PREEXISTING CONDITION 12352 10:23:42,001 --> 10:23:44,000 TO SHADOW 12353 10:23:44,001 --> 10:23:45,000 I, TOO, HAVE A PREEXISTING 12354 10:23:45,001 --> 10:23:46,000 CONDITION OF BREAST CAN 12355 10:23:46,001 --> 10:23:49,000 PLEASE STOP INSURANCE COMPANIES 12356 10:23:49,001 --> 10:23:50,000 FROM DENYING INSURANCE DUE TO 12357 10:23:50,001 --> 10:23:51,000 PREEXISTING CONDITIONS." 12358 10:23:51,001 --> 10:23:54,000 MR. PRESIDENT, THIS -- THIS 12359 10:23:54,001 --> 10:23:57,000 LETTER, AGAIN, SHOWS THAT THIS 12360 10:23:57,001 --> 10:23:58,000 INSURANCE BILL, THIS INSURANCE 12361 10:23:58,001 --> 10:23:59,000 REFORM, OUR HEALTH CARE BILL 12362 10:23:59,001 --> 10:24:01,000 MAKES SO MUCH SENSE. 12363 10:24:01,001 --> 10:24:02,000 TOO MANY AMERICANS, I'M HEARING 12364 10:24:02,001 --> 10:24:05,000 FROM HUNDREDS AND HUNDREDS AND 12365 10:24:05,001 --> 10:24:13,000 HUNDREDS AND HUNDREDS OF THEM 12366 10:24:13,001 --> 10:24:17,000 FROM GALLIPOLIS AND POLMOROY AND 12367 10:24:17,001 --> 10:24:19,000 IN VAN WERT AND TROY AND PREVO 12368 10:24:19,001 --> 10:24:21,000 COUNTY AND ALL OVER THAT TOO 12369 10:24:21,001 --> 10:24:23,000 MANY PEOPLE ARE DENIED COVERAGE 12370 10:24:23,001 --> 10:24:24,000 BECAUSE OF A PREEXISTING CONDITION. 12371 10:24:24,001 --> 10:24:26,000 WHAT -- WHY DOES IT MAKE 12372 10:24:26,001 --> 10:24:28,000 SENTENCE THAT PEOPLE WHO ARE 12373 10:24:28,001 --> 10:24:30,000 SICK OR MAYBE ARE GNG TO GET 12374 10:24:30,001 --> 10:24:32,000 SICK, WHY THEY CAN'T GET INSURANCE? 12375 10:24:32,001 --> 10:24:33,000 WHY DOES 12376 10:24:33,001 --> 10:24:34,000 THEY WOULD HAVE TO PAY SO MUCH, 12377 10:24:34,001 --> 10:24:36,000 THEY SIMPLY CAN'T QUALIFY OR 12378 10:24:36,001 --> 10:24:38,000 THEY LITERALLY CAN'T GET IT NO 12379 10:24:38,001 --> 10:24:40,000 MATTER HOW MUCH THEY PAY 12380 10:24:40,001 --> 10:24:41,000 SO, MR. PREDENT, I -- ONE OF 12381 10:24:41,001 --> 10:24:43,000 THE -- ONE OF THE IMPORTANT 12382 10:24:43,001 --> 10:24:45,000 THINGS ABOUT OUR BILL IS THAT -- 12383 10:24:45,001 --> 10:24:46,000 THAT IT WILL SPOUT LINE -- IT 12384 10:24:46,001 --> 10:24:48,000 WILL OUTLAW, THERE WILL BE NO 12385 10:24:48,001 --> 10:24:49,000 MORE EXCLUSIONS FOR PREEXISTING CONDITION. 12386 10:24:49,001 --> 10:24:51,000 NOBODY WILL LOSE -- NOBODY WILL 12387 10:24:51,001 --> 10:24:52,000 KEEP BE -- NOBODY WILL BE 12388 10:24:52,001 --> 10:24:53,000 PROHIBITED FROM GETTING 12389 10:24:53,001 --> 10:24:55,000 INSURANCE BECAUSE OF A 12390 10:24:55,001 --> 10:24:56,000 PREEXISTING CONDITION, INCLUDING 12391 10:24:56,001 --> 10:24:58,000 WOMEN WHO HAVE BEEN VICTIMS OF 12392 10:24:58,001 --> 10:25:00,000 DOMESTIC VIOLENCE,OMEN WHO 12393 10:25:00,001 --> 10:25:02,000 HAVE HAD C-SECTIONS, MEN WHO 12394 10:25:02,001 --> 10:25:05,000 HAVE HAD NUMBER O 12395 10:25:05,001 --> 10:25:07,000 NUMBER TWO, NOBODY WILL BE 12396 10:25:07,001 --> 10:25:08,000 DENIED CARE BECAUSE OF 12397 10:25:08,001 --> 10:25:10,000 DISCRIMINATION, BECAUSE OF THEIR 12398 10:25:10,001 --> 10:25:11,000 DISABILITY, BECAUSE OF THEIR AGE 12399 10:25:11,001 --> 10:25:13,000 OR THEIR GENDER OR THEIR 12400 10:25:13,001 --> 10:25:15,000 GEOGRAPHY 12401 10:25:15,001 --> 10:25:17,000 NUMBER THREE, NOBODY WILL HAVE 12402 10:25:17,001 --> 10:25:18,000 THEIR INSURANCE POLICY 12403 10:25:18,001 --> 10:25:19,000 RESCINDED -- THAT'S WHAT THE 12404 10:25:19,001 --> 10:25:20,000 INSURANCE COMPANIES SAY WHEN 12405 10:25:20,001 --> 10:25:22,000 THEY TAKE AWAY YOUR INSURANCE -- 12406 10:25:22,001 --> 10:25:24,000 NOBODY WILL BE DENIED CARE -- 12407 10:25:24,001 --> 10:25:25,000 WILL BE -- WILL HAVE THEIR 12408 10:25:25,001 --> 10:25:27,000 POLICY RESCINDED BECAUSE THEY 12409 10:25:27,001 --> 10:25:28,000 GOT SICK AND IT WAS A REALLY 12410 10:25:28,001 --> 10:25:29,000 EXPENSIVE ILLNESS THEY AND THE 12411 10:25:29,001 --> 10:25:31,000 INSURANCE COMPANIES WANT TO CUT 12412 10:25:31,001 --> 10:25:34,000 THEM OFF. AND IN ADDITION TO THESE CHANGES 12413 10:25:34,001 --> 10:25:36,000 IN THE LAW 12414 10:25:36,001 --> 10:25:38,000 WE ARE GOING TO DO WITH 12415 10:25:38,001 --> 10:25:40,000 INSURANCE REFORM, THE PUBLIC 12416 10:25:40,001 --> 10:25:42,000 OPTION WILL MAKE SURE THAT THESE 12417 10:25:42,001 --> 10:25:43,000 RULES ARE ENFORCED, THAT PEOPLE 12418 10:25:43,001 --> 10:25:44,000 SIMPLY CAN'T GAME THE SYSTEM. 12419 10:25:44,001 --> 10:25:45,000 THE INSURANCE COMPANIES WON'T BE 12420 10:25:45,001 --> 10:25:46,000 ABLE TO GAME THE SYSTEM THE 12421 10:25:46,001 --> 10:25:47,000 THEY 12422 10:25:47,001 --> 10:25:49,000 MR. PRESIDENT, IT MAKES SO MUCH 12423 10:25:49,001 --> 10:25:51,000 SENSE TO PASS THIS BILL. 12424 10:25:51,001 --> 10:25:52,000 IT'S GOING TO MEAN PEOPLE WHO 12425 10:25:52,001 --> 10:25:53,000 HAVE INSURANCE AND ARE HAPPY 12426 10:25:53,001 --> 10:25:55,000 WITH IT ARE STILL GOING TO GET 12427 10:25:55,001 --> 10:25:56,000 THESE -- KEEP THESE INSURANCE 12428 10:25:56,001 --> 10:25:57,000 AND HAVE THESE CONSUMER 12429 10:25:57,001 --> 10:25:58,000 PROTECTIONS. 12430 10:25:58,001 --> 10:25:59,000 IT MEANS SMALL BUSINESS WILL GET 12431 10:25:59,001 --> 10:26:02,000 HELP WITH 12432 10:26:02,001 --> 10:26:03,000 OTHER THINGS TO -- TO ENSURE 12433 10:26:03,001 --> 10:26:04,000 THEIR EMPLOYEES -- TO INSURE 12434 10:26:04,001 --> 10:26:05,000 THEIR EMPLOYEES AND IT WILL MEAN 12435 10:26:05,001 --> 10:26:06,000 THAT THOSE WITHOUT INSURANCE CAN 12436 10:26:06,001 --> 10:26:07,000 GET INSURANCE AND HAVE THE 12437 10:26:07,001 --> 10:26:09,000 OPTION OF GOING TO MEDICAL 12438 10:26:09,001 --> 10:26:12,000 MUTUAL OR CIGNA OR BL CROSS OR 12439 10:26:12,001 --> 10:26:14,000 AETNA OR WELLPOINT OR THE PUBLIC 12440 10:26:14,001 --> 10:26:15,000 OPTION AND HAVE THAT C 12441 10:26:15,001 --> 10:26:35,000 MR. PRESIDENT, I -- I -- I YIELD 12442 10:26:35,001 --> 10:26:36,000 THE FLOOR. 12443 10:26:36,001 --> 10:26:37,000 MR. CASEY: MR. PRESIDENT? 12444 10:26:37,001 --> 10:26:38,000 THE PRESIDING OFFICER: THE 12445 10:26:38,001 --> 10:26:39,000 SENATOR FROM PENNSYLVANIA. 12446 10:26:39,001 --> 10:26:42,000 MR. CASEY: MR. PRESIDENT, I RISE 12447 10:26:42,001 --> 10:26:44,000 TONIGHT TO SPEAK ABOUT THE 12448 10:26:44,001 --> 10:26:46,000 HEALTH INSURANCE REFORM BILL 12449 10:26:46,001 --> 10:26:47,000 THAT WILL EVENTUALLY COME BEFORE 12450 10:26:47,001 --> 10:26:50,000 THE CONGRESS. 12451 10:26:50,001 --> 10:26:52,000 WE HAVE A PROCESS UNDERWAY IN 12452 10:26:52,001 --> 10:26:54,000 THE SENATE NOW THAT IS STILL PLAYING OUT. 12453 10:26:54,001 --> 10:26:56,000 WE DON'T HAVE A BILL BUT I THINK 12454 10:26:56,001 --> 10:26:58,000 WE'RE COGNIZANT OF THE FACT THAT 12455 10:26:58,001 --> 10:27:00,000 WE NEED TO TALK ABOUT THE 12456 10:27:00,001 --> 10:27:04,000 CHALLENGE WE FACE WITH REGARD TO HEALTH CARE AS WELL AS TALK 12457 10:27:04,001 --> 10:27:05,000 ABOUT SOME GOOD IDEAS TO 12458 10:27:05,001 --> 10:27:09,000 CONFRONT THIS CHALLENGE. 12459 10:27:09,001 --> 10:27:11,000 AND I DO WANT TO COMMEND -- 12460 10:27:11,001 --> 10:27:13,000 COMMEND MY COLLEAGUE FROM OHIO, 12461 10:27:13,001 --> 10:27:14,000 SENATOR BROWN, WHO HAS REALLY 12462 10:27:14,001 --> 10:27:17,000 LED THE FIGHT ON MAKING SURE 12463 10:27:17,001 --> 10:27:19,000 THAT THE PUBLIC OPTION IS PRIORITY. 12464 10:27:19,001 --> 10:27:22,000 FROM DAY ONE, HE NOT ONLY HAS 12465 10:27:22,001 --> 10:27:23,000 THREAD FIGHT BUT ALSO FROM DAY 12466 10:27:23,001 --> 10:27:25,000 ONE, WAY BACK IN THE SUMMER WHEN 12467 10:27:25,001 --> 10:27:27,000 WE WERE ACTUALLY WORKING ON 12468 10:27:27,001 --> 10:27:28,000 LANGUAGE IN THE HEALTH, 12469 10:27:28,001 --> 10:27:32,000 EDUCATION, LABOR, PENSIONS 12470 10:27:32,001 --> 10:27:33,000 COMMITTEE, HE AND OTHERS SAT 12471 10:27:33,001 --> 10:27:34,000 DOWN TO ACTUAL WRITE THAT SECTION. 12472 10:27:34,001 --> 10:27:37,000 SO WE'RE GRATEFUL FOR HIS 12473 10:27:37,001 --> 10:27:38,000 LEADERSHIP AND FOR HIS ABILITY 12474 10:27:38,001 --> 10:27:41,000 TO RELATE TO US WHAT A PUBLIC 12475 10:27:41,001 --> 10:27:44,000 OPTION MEANS TO REAL PEOPLE. 12476 10:27:44,001 --> 10:27:46,000 NOT THE CONCEPT, NOT THE -- 12477 10:27:46,001 --> 10:27:47,000 THE -- NOT ONLY THE POLICY OF IT 12478 10:27:47,001 --> 10:27:48,000 BUT WHAT IT MEANS TO RL PEOPLE 12479 10:27:48,001 --> 10:27:50,000 AND REAL FAMILIES. 12480 10:27:50,001 --> 10:27:51,000 SO WE WANT TO COMMEND HIM FOR 12481 10:27:51,001 --> 10:27:53,000 THAT GREAT WORK. 12482 10:27:53,001 --> 10:27:54,000 ONE OF THE AREAS THAT I'VE TRIED 12483 10:27:54,001 --> 10:27:56,000 TO SPEND AS MUCH TIME AS 12484 10:27:56,001 --> 10:28:00,000 POSSIBLE ON IS THE QUESTION OF 12485 10:28:00,001 --> 10:28:01,000 WHAT HAPPENS WITH REGARD TO OUR 12486 10:28:01,001 --> 10:28:03,000 CHILDREN, WILL CHILDREN AT THE 12487 10:28:03,001 --> 10:28:06,000 END OF THIS PROCESS BE BETTER 12488 10:28:06,001 --> 10:28:11,000 OFF OR WORSE OFF? 12489 10:28:11,001 --> 10:28:12,000 AND ESPECIALLY IN THE CONTEXT OF 12490 10:28:12,001 --> 10:28:17,000 CHILDREN WHO HAPPEN TO BE 12491 10:28:17,001 --> 10:28:18,000 VULNERABLE BECAUSE OF INCOME, SO 12492 10:28:18,001 --> 10:28:19,000 WE'RE CONCERNED ABOUT POOR 12493 10:28:19,001 --> 10:28:23,000 CHILDREN AND CHILDREN WITH 12494 10:28:23,001 --> 10:28:25,000 AND I BELIEVE ONE OF THE 12495 10:28:25,001 --> 10:28:28,000 PRINCIPLES OR MAYBE THE BETTER 12496 10:28:28,001 --> 10:28:29,000 WORD IS A GOAL THAT WE MUST MEET 12497 10:28:29,001 --> 10:28:30,000 AT THE ENOF THE ROAD, WHEN WE 12498 10:28:30,001 --> 10:28:32,000 HAVE A BILL THAT GETS THROUGH 12499 10:28:32,001 --> 10:28:34,000 BOTH HOUSES OF CONGRESS AND GOES 12500 10:28:34,001 --> 10:28:36,000 TO THE PRESIDENT, WHEN A BILL 12501 10:28:36,001 --> 10:28:37,000 GETS TO THERESIDENT OF THE 12502 10:28:37,001 --> 10:28:38,000 UNITED STATES, PRESIDENT OBAMA, 12503 10:28:38,001 --> 10:28:40,000 FOR HIS SIGNATURE -- AND I 12504 10:28:40,001 --> 10:28:41,000 BELIEVE WE'LL GET THERE -- IT'S 12505 10:28:41,001 --> 10:28:42,000 GOING TO TAKE SOME TIME AND 12506 10:28:42,001 --> 10:28:43,000 WE'RE GOING TO BE WORKING -- 12507 10:28:43,001 --> 10:28:45,000 TONGUE WORK VERY HARD IN THE 12508 10:28:45,001 --> 10:28:46,000 NEXT COUPLE OF WEEKS TO GET THIS DONE. 12509 10:28:46,001 --> 10:28:49,000 BUT WHEN THAT BILL GETS TO 12510 10:28:49,001 --> 10:28:52,000 PRESIDENT OBAMA, I BELIEVE THAT 12511 10:28:52,001 --> 10:28:53,000 WE HAVE TO MAKE SURE IN THIS 12512 10:28:53,001 --> 10:28:55,000 PROCESS OVER THESE MANY MONTHS 12513 10:28:55,001 --> 10:28:56,000 OF WORK -- AND FOR SOME PEOPLE 12514 10:28:56,001 --> 10:29:00,000 MANY YEARS -- WE HAVE TO MAKE 12515 10:29:00,001 --> 10:29:02,000 SURE THAT THAT BILL ENSURES THAT 12516 10:29:02,001 --> 10:29:03,000 NO CHILD, ESPECIALLY THOSE WHO 12517 10:29:03,001 --> 10:29:05,000 ARE VULNERABLE, THAT NO CHILD IS 12518 10:29:05,001 --> 10:29:06,000 WORSE OFF. 12519 10:29:06,001 --> 10:29:08,000 I BELIEVE WE CAN GET THERE. 12520 10:29:08,001 --> 10:29:11,000 I BELIEVE WE MUST GET THERE. 12521 10:29:11,001 --> 10:29:12,000 I BELIEVE WE HAVE AN OBLIGATION, 12522 10:29:12,001 --> 10:29:13,000 ESPECIAL WHEN IT COMES TO 12523 10:29:13,001 --> 10:29:16,000 VULNERABLE CHILDREN, POOR 12524 10:29:16,001 --> 10:29:18,000 CHILDREN AND THOSE WITH SPECIAL 12525 10:29:18,001 --> 10:29:20,000 TO -- TO SET FORTH A FOUNDATION 12526 10:29:20,001 --> 10:29:22,000 FOR THAT, I INTRODUCED A 12527 10:29:22,001 --> 10:29:24,000 RESOLUTION SEVERAL MONTHS AGO, 12528 10:29:24,001 --> 10:29:27,000 JOINT RESOLUTION 170. 12529 10:29:27,001 --> 10:29:28,000 I WON'T READ IT OR REVIEW IT 12530 10:29:28,001 --> 10:29:30,000 TONIGHT BUT IT WAS A RESOLUTION 12531 10:29:30,001 --> 10:29:33,000 THAT FOCUSED ON THAT BASIC GOAL 12532 10:29:33,001 --> 10:29:34,000 OF MAKING SURE THAT NO CHILD IS 12533 10:29:34,001 --> 10:29:36,000 WORSE OFF. 12534 10:29:36,001 --> 10:29:38,000 I WAS JOINED IN THAT RESOLUTION 12535 10:29:38,001 --> 10:29:41,000 BY SENATOR DODD, WHO -- THE 12536 10:29:41,001 --> 10:29:42,000 CHAIRMAN OF OUR -- THE 12537 10:29:42,001 --> 10:29:45,000 THEN-CHAIRMAN, I SHOULD SAY, 12538 10:29:45,001 --> 10:29:49,000 EARLIER THIS YEAR OF OUR HEALTH 12539 10:29:49,001 --> 10:29:54,000 CARE REFORM HEARINGS THIS SUMMER. 12540 10:29:54,001 --> 10:29:56,000 SENATOR ROCKEFELLER ALSO WASA COSPONSOR OF THIS RESOLUTION, 12541 10:29:56,001 --> 10:29:57,000 SOMEONE WHO HAS LED ON NOT JUST 12542 10:29:57,001 --> 10:29:59,000 HEALTH CARE ISSUES IN THE 12543 10:29:59,001 --> 10:30:01,000 FINANCE COMMITTEE BUT 12544 10:30:01,001 --> 10:30:04,000 VERY PARTICULAR WAY HAS STOOD UP 12545 10:30:04,001 --> 10:30:07,000 FOR CHILDREN, AS HAS SENATOR 12546 10:30:07,001 --> 10:30:09,000 DODD, AND THEY'RE BOTH SENATORS 12547 10:30:09,001 --> 10:30:10,000 MANY YEARS HERE IN THE SENATE. 12548 10:30:10,001 --> 10:30:13,000 SENATOR BROWN IS A COSPONSOR OF 12549 10:30:13,001 --> 10:30:15,000 THIS JOINT RESOLUTION FOR 12550 10:30:15,001 --> 10:30:17,000 CHILDREN, AS WELLS SENATOR 12551 10:30:17,001 --> 10:30:19,000 SANDERS FROM THE STATE OF 12552 10:30:19,001 --> 10:30:20,000 VERMONT, AND SENATOR WHITEHOE 12553 10:30:20,001 --> 10:30:22,000 FROM RHODE ISLAND. 12554 10:30:22,001 --> 10:30:23,000 THOSE FIVE 12555 10:30:23,001 --> 10:30:26,000 IN THIS RESOLUTION, WHICH I 12556 10:30:26,001 --> 10:30:27,000 BELIEVE IS THE FOUNDATION FOR 12557 10:30:27,001 --> 10:30:29,000 WHAT WE HAVE TO DO WITH REGARD 12558 10:30:29,001 --> 10:30:33,000 TO CHILDREN. 12559 10:30:33,001 --> 10:30:34,000 THE CHART O 12560 10:30:34,001 --> 10:30:36,000 SUMMATION OF SOME OF THE THINGS 12561 10:30:36,001 --> 10:30:39,000 WE JUST TALKED ABOUT. 12562 10:30:39,001 --> 10:30:40,000 FIRST OF ALL, THIS FIRST POINT 12563 10:30:40,001 --> 10:30:43,000 WITH REGARD TO OUR CHILDREN, 12564 10:30:43,001 --> 10:30:45,000 THAT CHILDREN ARE NOT SMALL ADULTS. 12565 10:30:45,001 --> 10:30:47,000 IT SEEMS LIKE A SIMPLE 12566 10:30:47,001 --> 10:30:48,000 STATEMENT, SEEMS VERY MUCH 12567 10:30:48,001 --> 10:30:50,000 SELF-EVIDENT, BUT, 12568 10:30:50,001 --> 10:30:53,000 UNFORTUNATELY, WE FORGET THAT. 12569 10:30:53,001 --> 10:30:55,000 I THINK WE FORGET IT ONCE WE 12570 10:30:55,001 --> 10:30:57,000 BECOME ADULTS, BUT EVEN IN THE 12571 10:30:57,001 --> 10:30:59,000 CONTEXT OF HEALTH CARE REFORM. 12572 10:30:59,001 --> 10:31:04,000 YOU CANNOT JUST SAY, THIS IS A 12573 10:31:04,001 --> 10:31:07,000 HEALTH CARE STRATEGY OR PROGRAM 12574 10:31:07,001 --> 10:31:10,000 OR MANNER OF DELIVERING CARE OR 12575 10:31:10,001 --> 10:31:12,000 A TREATMENT OPTION OR A WAY TO 12576 10:31:12,001 --> 10:31:13,000 COVER MORE AMERICANS WITH REGARD 12577 10:31:13,001 --> 10:31:15,000 TO HEALTH CARE. 12578 10:31:15,001 --> 10:31:18,000 SO IF IT APPLIES TO AN ADULT, 12579 10:31:18,001 --> 10:31:20,000 IT'LL WORK FOR CHILDREN. 12580 10:31:20,001 --> 10:31:21,000 UNFORTUNATELY, BECAUSE THEY ARE 12581 10:31:21,001 --> 10:31:25,000 NOT SIMPLY SMALL ADULTS, WE HAVE 12582 10:31:25,001 --> 10:31:27,000 TO HAVE DIFFERENT STRATEGIES FOR 12583 10:31:27,001 --> 10:31:30,000 CHILDREN THAT DIFFER FROM THE 12584 10:31:30,001 --> 10:31:32,000 WAY WE PROVIDING HEALTH CARE FOR 12585 10:31:32,001 --> 10:31:33,000 ADULTS. 12586 10:31:33,001 --> 10:31:34,000 THE SECOND BULLET HERE, 12587 10:31:34,001 --> 10:31:36,000 "CHILDREN HAVE DIFFERENT HEALTH 12588 10:31:36,001 --> 10:31:39,000 CARE NEEDS THAN DO 12589 10:31:39,001 --> 10:31:42,000 I THINK THAT'S A BASIC 12590 10:31:42,001 --> 10:31:43,000 FUNDAMENTAL PRINCIPLE, THAT 12591 10:31:43,001 --> 10:31:45,000 CHILDREN HAVE TO BE APP 12592 10:31:45,001 --> 10:31:46,000 IN A DIFFERENT WAY. 12593 10:31:46,001 --> 10:31:49,000 THE TREATMENT IS DIFFERENT. 12594 10:31:49,001 --> 10:31:52,000 THE PREVENTION STRATEGIES ARE DIFFERENT. 12595 10:31:52,001 --> 10:31:53,000 AND SOMETIMES THE OUTCOMES OF 12596 10:31:53,001 --> 10:31:55,000 THE HEALTH CARE TREATMENT AND 12597 10:31:55,001 --> 10:31:57,000 STRATEGY IS DIFFERENT. 12598 10:31:57,001 --> 10:31:59,000 "IT IS ALSO CRITICAL THAT ALL 12599 10:31:59,001 --> 10:32:01,000 CHILDREN, PARTICULARLY THOSE 12600 10:32:01,001 --> 10:32:03,000 MOST DISADVANTAGE THE, GET THE 12601 10:32:03,001 --> 10:32:04,000 HIGHEST QUALITY CARE THROUGHOUT 12602 10:32:04,001 --> 10:32:06,000 CHILDHOOD." 12603 10:32:06,001 --> 10:32:08,000 AND THAT'S THE FOUNDATION OF 12604 10:32:08,001 --> 10:32:10,000 THAT RESOLUTION. 12605 10:32:10,001 --> 10:32:13,000 WHEN IT COMES TO HEALTH CARE 12606 10:32:13,001 --> 10:32:14,000 REFORM GENERALLY, BUT IN 12607 10:32:14,001 --> 10:32:17,000 PARTICULAR WITH REGARD TO OUR 12608 10:32:17,001 --> 10:32:19,000 CHILDREN, WE HAVE TO GET THIS RIGHT. 12609 10:32:19,001 --> 10:32:22,000 WE CAN'T JUST SAY, WELL, WE 12610 10:32:22,001 --> 10:32:23,000 TRIED AND WE TINRED WITH SOME 12611 10:32:23,001 --> 10:32:24,000 DETAILS OR SOME PROGRAMS AND WE 12612 10:32:24,001 --> 10:32:26,000 DID OUR BEST. 12613 10:32:26,001 --> 10:32:28,000 WHEN IT COMES TO HEALTH CARE FOR 12614 10:32:28,001 --> 10:32:31,000 CH 12615 10:32:31,001 --> 10:32:33,000 CHILD OR HIS OR HER FAMILY OR 12616 10:32:33,001 --> 10:32:37,000 THE COMMUNITY THEY LIVE IN, BUT 12617 10:32:37,001 --> 10:32:40,000 ALSO WHE -- AND WE TEND TO FORGET 12618 10:32:40,001 --> 10:32:41,000 THIS -- BUT ALSO FOR OUR 12619 10:32:41,001 --> 10:32:43,000 LONG-TERM ECONOMIC STRENGTH IS 12620 10:32:43,001 --> 10:32:45,000 PREDICATED IN LARGE MEASURE, IN 12621 10:32:45,001 --> 10:32:46,000 MY JUDGMENT, ON HOW WE CARE FOR 12622 10:32:46,001 --> 10:32:48,000 OUR CHILDREN AND ESPECIALLY THE 12623 10:32:48,001 --> 10:32:49,000 KIND OF HEALTH CARE THAT OUR 12624 10:32:49,001 --> 10:32:50,000 CHILDREN WILL RECEIVE. 12625 10:32:50,001 --> 10:32:52,000 SO WE HAVE TO GET THIS RIGHT FOR 12626 10:32:52,001 --> 10:32:56,000 OUR KIDS, FOR THEIR FAMILIES, 12627 10:32:56,001 --> 10:32:58,000 AND FOR OUR ECONOMY LONG TERM. 12628 10:32:58,001 --> 10:33:00,000 FORTUNATELY, WE'VE MADE GREAT 12629 10:33:00,001 --> 10:33:01,000 STRIDES OVER REALLY JUST THE 12630 10:33:01,001 --> 10:33:03,000 LAST 15 YEARS, EVEN LESS -- 12631 10:33:03,001 --> 10:33:05,000 MAYBE LESS -- 12 YEARS. 12632 10:33:05,001 --> 10:33:07,000 'VE MADE GREAT STRIDES ON 12633 10:33:07,001 --> 10:33:09,000 CHILDREN'S HEALTH INSURANCE. 12634 10:33:09,001 --> 10:33:13,000 THE CONGRESS, AND SIGNED INTO 12635 10:33:13,001 --> 10:33:14,000 LAW BY PRESIDENT CLINTON IN 12636 10:33:14,001 --> 10:33:16,000 1997, CREATED A NATIONWIDE 12637 10:33:16,001 --> 10:33:18,000 HEALTH INSURANCE PROGRAM, 12638 10:33:18,001 --> 10:33:21,000 SO-CALLED -- THE CHIP PROGRAM. 12639 10:33:21,001 --> 10:33:24,000 AND IN THAT CASE WE HAD 12640 10:33:24,001 --> 10:33:27,000 SOMETHING THAT HA ITS ORIGIN IN STATES. 12641 10:33:27,001 --> 10:33:28,000 IN MY HOME STATE OF 12642 10:33:28,001 --> 10:33:30,000 PENNSYLVANIA, IT STARTED ONE OF 12643 10:33:30,001 --> 10:33:32,000 THE LARGEST, IF NOT "THE" 12644 10:33:32,001 --> 10:33:33,000 LAEST HEALTH INSURANCE EFFORT 12645 10:33:33,001 --> 10:33:35,000 IN THE NATION. 12646 10:33:35,001 --> 10:33:36,000 AND THAT WAS BUILT 12647 10:33:36,001 --> 10:33:39,000 OF FEDERAL LEGISLATION. 12648 10:33:39,001 --> 10:33:42,000 SO NOW WE HAVE A PROGRAM IN 12649 10:33:42,001 --> 10:33:43,000 EX 12650 10:33:43,001 --> 10:33:45,000 NATIONALLY WHERE MILLIONS OF 12651 10:33:45,001 --> 10:33:47,000 CHILDREN HAVE HEALTH CARE 12652 10:33:47,001 --> 10:33:49,000 BECAUSE WE MADE THEM A PRIITY. 12653 10:33:49,001 --> 10:33:55,000 IN PENNSYLVANIA, FOR EXAMPLE, 12654 10:33:55,001 --> 10:33:57,000 WE'VE HAD A -- FORTUNATELY, A 12655 10:33:57,001 --> 10:33:58,000 DIMINUTION, AN DECREASING NUMBER 12656 10:33:58,001 --> 10:33:59,000 OF CHILDREN WHO ARE UNINSURED. 12657 10:33:59,001 --> 10:34:01,000 TO THE POINT WHERE LAST YEAR 12658 10:34:01,001 --> 10:34:02,000 WHEN THERE WAS A SURVEY DONE FOR 12659 10:34:02,001 --> 10:34:04,000 THE STATE OF PENNSYLVANIA, THE 12660 10:34:04,001 --> 10:34:05,000 UNINSURED RATE FOR CHILDREN WAS 5%. 12661 10:34:05,001 --> 10:34:06,000 STILL TOO HIGH, BUT LOWER THAN 12662 10:34:06,001 --> 10:34:07,000 IT USED TO BE. 12663 10:34:07,001 --> 10:34:09,000 WE WANT TO BRING THAT OBVIOUSLY 12664 10:34:09,001 --> 10:34:12,000 TO ZERO. 12665 10:34:12,001 --> 10:34:14,000 BUT 5% UNINSURED FOR CHILDREN IN 12666 10:34:14,001 --> 10:34:16,000 PENNSYANIA, 12% UNINSURED FOR 12667 10:34:16,001 --> 10:34:17,000 PEOPLE BETWEEN THE AGES OF 19 12668 10:34:17,001 --> 10:34:20,000 D 64. 12669 10:34:20,001 --> 10:34:22,000 SO WE KNOW THAT FOR CHILDREN AND 12670 10:34:22,001 --> 10:34:25,000 FOR OLDER CITIZS OVER THE AGE 12671 10:34:25,001 --> 10:34:27,000 OF 64 -- 65 AND UP -- THAT WE'VE 12672 10:34:27,001 --> 10:34:28,000 HAD STRATEGIES FOR BOTH OF THOSE 12673 10:34:28,001 --> 10:34:30,000 AGE GUPS. 12674 10:34:30,001 --> 10:34:32,000 CHILDREN MORE RECENTLY, WITH 12675 10:34:32,001 --> 10:34:36,000 REGARD TO CHILDREN'S HEALTH 12676 10:34:36,001 --> 10:34:38,000 INSURANCE, AS WELL AS ME MEDICAID 12677 10:34:38,001 --> 10:34:39,000 FOR LOWER-INCOME CHILDREN, BUT 12678 10:34:39,001 --> 10:34:41,000 ALSO WE'VE HAD MEDICARE FOR OLDER CITIZENS. 12679 10:34:41,001 --> 10:34:44,000 BUT THE PROBLEM IS THAT THAT AGE 12680 10:34:44,001 --> 10:34:46,000 CATEGORY IN THE MIDDLE, THAT 12681 10:34:46,001 --> 10:34:48,000 VAST MIDDLE, AGES 19 TO 64, WE 12682 10:34:48,001 --> 10:34:50,000 HAVEN'T HAD A STRATEGY. 12683 10:34:50,001 --> 10:34:51,000 RECENTLY OR OVER MANY DECADES. 12684 10:34:51,001 --> 10:34:53,000 AND THAT'S ONE OF THE REASONS 12685 10:34:53,001 --> 10:34:54,000 WHY WE'RE TALKING ABOUT HEALTH 12686 10:34:54,001 --> 10:34:57,000 INSURANCE REFORM FOR EVERYONE, 12687 10:34:57,001 --> 10:34:59,000 BUT ESPECIALLY FOR THOSE WHO ARE 12688 10:34:59,001 --> 10:35:02,000 IN THAT AGE CATEGORY. 12689 10:35:02,001 --> 10:35:06,000 WITH REGARD TO CHILDREN, WE'VE 12690 10:35:06,001 --> 10:35:07,000 GOT MAKE SURE THAT WHAT WE KNOW 12691 10:35:07,001 --> 10:35:08,000 WORKS STAYS IN PLACE. 12692 10:35:08,001 --> 10:35:11,000 WE HAVE A LOT -- WE HAVE PLENTY 12693 10:35:11,001 --> 10:35:13,000 OF DATA TO SHOW THAT CHILDREN 12694 10:35:13,001 --> 10:35:14,000 WITH HEALTH CARE COVERAGE DO 12695 10:35:14,001 --> 10:35:15,000 BETTER THAN CHILDREN WITHO 12696 10:35:15,001 --> 10:35:19,000 HEALTH CARE COVERAGE. 12697 10:35:19,001 --> 10:35:21,000 THAT IS IRREFUTABLE, 12698 10:35:21,001 --> 10:35:22,000 UNDISPUTABLE -- 12699 10:35:22,001 --> 10:35:24,000 I DON'T THINK ANYBODY WOULD 12700 10:35:24,001 --> 10:35:25,000 DISPUTE THAT AS A MATTER OF 12701 10:35:25,001 --> 10:35:26,000 PUBLIC POLICY. 12702 10:35:26,001 --> 10:35:28,000 CHILDREN WITH INSURANCE ARE MORE 12703 10:35:28,001 --> 10:35:30,000 LIKELY TO HAVE ACCESS TO 12704 10:35:30,001 --> 10:35:31,000 PREVENTIVE CARE, A MAJOR PART OF 12705 10:35:31,001 --> 10:35:34,000 OUR REFORM EFFORT. 12706 10:35:34,001 --> 10:35:35,000 WE HAVE A 12707 10:35:35,001 --> 10:35:37,000 "HELP" COMMITTEE THAT WE 12708 10:35:37,001 --> 10:35:39,000 THIS SUMMER IS ALL ABOUT PREVENTION. 12709 10:35:39,001 --> 10:35:41,000 CHILDREN IN PUBLIC PROGRAMS ARE 12710 10:35:41,001 --> 10:35:44,000 ONE AND A HALF TIMES MORE LIKELY 12711 10:35:44,001 --> 10:35:45,000 TO OBTAIN WELL-CHILD CARE THAN 12712 10:35:45,001 --> 10:35:46,000 UNINSURED CHILDREN. 12713 10:35:46,001 --> 10:35:48,000 WHAT DOES THAT MEAN? 12714 10:35:48,001 --> 10:35:51,000 WELL, IT'S VERY SIMPLE. 12715 10:35:51,001 --> 10:35:52,000 THE EXPERTS TELL US -- AND 12716 10:35:52,001 --> 10:35:56,000 FORTUNATELY CHILDREN ENROLLED IN 12717 10:35:56,001 --> 10:35:58,000 THE CHIP PROGRAM -- OR SCHIP AS 12718 10:35:58,001 --> 10:36:00,000 WE SOMETIMES CALL IT -- IN THEIR 12719 10:36:00,001 --> 10:36:03,000 FIRST YEAR OF LIFE HAVE SIX 12720 10:36:03,001 --> 10:36:05,000 WELL-CHILD VISITS TO THE DOCTOR, 12721 10:36:05,001 --> 10:36:08,000 FUNDAMENTALLY IMPORTANT, CAN 12722 10:36:08,001 --> 10:36:10,000 ALTER IN A POSITIVE SENSE THAT 12723 10:36:10,001 --> 10:36:11,000 CHILD'S DESTINY, THEIR FUTURE 12724 10:36:11,001 --> 10:36:13,000 CAN BE DETERMINED IN THE FIRST 12725 10:36:13,001 --> 10:36:14,000 COUPLE OF WEEKS AND MONTHS AND 12726 10:36:14,001 --> 10:36:15,000 CERTAINLY THE FIRST YEAR OF 12727 10:36:15,001 --> 10:36:17,000 LIFE. 12728 10:36:17,001 --> 10:36:19,000 IT IS GOOD NOR THAT CHILD IN THE 12729 10:36:19,001 --> 10:36:21,000 FIRST YEAR OF LIFE TO GO TO THE 12730 10:36:21,001 --> 10:36:22,000 DOCTOR AT LEAST SIX TIMES FOR A 12731 10:36:22,001 --> 10:36:25,000 WELL-CHILD VISIT. 12732 10:36:25,001 --> 10:36:27,000 AS THEY DO IN THE CHIP PROGRAM. 12733 10:36:27,001 --> 10:36:28,000 IT'S IMPORTANT THAT WE HAVE 12734 10:36:28,001 --> 10:36:31,000 PREVENTION STRATEGIES IN PLACE 12735 10:36:31,001 --> 10:36:33,000 NOR THAT CHILD IN THE VERY EARLY 12736 10:36:33,001 --> 10:36:36,000 MONTHS OF THAT CHILD'S LIFE, AND 12737 10:36:36,001 --> 10:36:37,000 CERTAINLY IN THE FIRST YEAR. 12738 10:36:37,001 --> 10:36:39,000 HERE'S ANOTHER CHILLING 12739 10:36:39,001 --> 10:36:41,000 STATISTIC: 12740 10:36:41,001 --> 10:36:43,000 UNSURED CHILDREN ARE 10 TIMES 12741 10:36:43,001 --> 10:36:46,000 MORE LIKELY TO HAVE AN UNMET 12742 10:36:46,001 --> 10:36:47,000 HEALTH CARE NEED THAN INSURED 12743 10:36:47,001 --> 10:36:50,000 CHILDREN. 12744 10:36:50,001 --> 10:36:51,000 10 TIMES -- NOT DOUBLE OR TRIPLE 12745 10:36:51,001 --> 10:36:53,000 -- 10 TIMES MORE LIKELY TO HAVE 12746 10:36:53,001 --> 10:36:55,000 AN UNMET HEALTH CARE NEED. 12747 10:36:55,001 --> 10:36:56,000 NOW, WE HEAR SOME PEOPLE IN THIS 12748 10:36:56,001 --> 10:36:57,000 DEBATE SAY, WELL, 12749 10:36:57,001 --> 10:36:59,000 SOMEONE ELSE. 12750 10:36:59,001 --> 10:37:04,000 THAT'S ABOUT SOME OTHER FAMILY, 12751 10:37:04,001 --> 10:37:05,000 SOMEONE ELL ELSE'S CHILD. 12752 10:37:05,001 --> 10:37:07,000 THAT'S NOT OUR PROBLEM. 12753 10:37:07,001 --> 10:37:08,000 WELL, IT ACTUALLY IS YOUR 12754 10:37:08,001 --> 10:37:09,000 PROBLEM EVEN IF YOU HAVE NO 12755 10:37:09,001 --> 10:37:11,000 COMPASSION, EVEN IF YOU DON'T -- 12756 10:37:11,001 --> 10:37:13,000 EVEN IF SOMEONE OUT THERE SAYS, 12757 10:37:13,001 --> 10:37:14,000 WELL, THAT'S NOT MY PROBLEM; 12758 10:37:14,001 --> 10:37:16,000 THAT'S SOMEONE ELSE'S PROBLEM. 12759 10:37:16,001 --> 10:37:18,000 IT IS YOUR PROBLEM BECAUSE EVERY 12760 10:37:18,001 --> 10:37:20,000 CHILD WHO BECAUSE OF A LACK OF 12761 10:37:20,001 --> 10:37:21,000 INSURANCE AND A LACK OF 12762 10:37:21,001 --> 10:37:23,000 WELL-CHILD VISITS TO THE DOCTOR 12763 10:37:23,001 --> 10:37:25,000 OR A LACK OF GETTING TO THE 12764 10:37:25,001 --> 10:37:27,000 DENTIST OR HAVING PREVENTIVE 12765 10:37:27,001 --> 10:37:29,000 CARE, EVERY CHILD THAT HAPPENS 12766 10:37:29,001 --> 10:37:31,000 TO IN SOME WAY HAS AN ADVERSE 12767 10:37:31,001 --> 10:37:33,000 IMPACT ON OUR ECONOMY. 12768 10:37:33,001 --> 10:37:34,000 THINK ABOUT IT LONG TERM. 12769 10:37:34,001 --> 10:37:36,000 IF YOU'RE RUNNING A COMPANY, WHO 12770 10:37:36,001 --> 10:37:38,000 DO YOU THINK WILL BE A STRONGER 12771 10:37:38,001 --> 10:37:39,000 EMPLOYEE FOROU, A MORE 12772 10:37:39,001 --> 10:37:41,000 PRODUCTIVE EMPLOYEE? 12773 10:37:41,001 --> 10:37:44,000 SOMEONE WHO GOT GOOD HEALTH CARE 12774 10:37:44,001 --> 10:37:46,000 IN THE DAWN OF THEIR LIFE, AS 12775 10:37:46,001 --> 10:37:47,000 HUBERT HUMPHREY USED TO SAY? 12776 10:37:47,001 --> 10:37:49,000 OR SOMEONE WHO DIDN'T GET THAT 12777 10:37:49,001 --> 10:37:50,000 KIND OF HEALTH CARE OR NUTRITION 12778 10:37:50,001 --> 10:37:53,000 OR EARLY LEARNING? 12779 10:37:53,001 --> 10:37:56,000 ALL THESE THINGS WE TALK ABOUT 12780 10:37:56,001 --> 10:37:59,000 HAVE RAMIFICATIONS FOR OUR 12781 10:37:59,001 --> 10:38:00,000 LONG-TERM ECONOMY BECAUSE OF OUR WORKFORCE. 12782 10:38:00,001 --> 10:38:01,000 IF YOU HAVE A HIGH-SKILLED 12783 10:38:01,001 --> 10:38:04,000 WORKFORCE, YOU HAVE TO HAVE 12784 10:38:04,001 --> 10:38:06,000 ACCESS TO HEALTH CARE. 12785 10:38:06,001 --> 10:38:08,000 SO THAT NUMBER OF 10 TIMES MORE 12786 10:38:08,001 --> 10:38:10,000 LIKELY TO HAVE AN UNMET HEALTH 12787 10:38:10,001 --> 10:38:12,000 CARE NEED FOR THE UNINSURED 12788 10:38:12,001 --> 10:38:14,000 CHILD VERSUS THE CHILD WITH 12789 10:38:14,001 --> 10:38:16,000 INSURANCE IS CHILLING. 12790 10:38:16,001 --> 10:38:19,000 IT'S ONE OF THOSE NUMBERS THAT 12791 10:38:19,001 --> 10:38:20,000 ALONE SHOULD COMPEL US -- SHOULD 12792 10:38:20,001 --> 10:38:22,000 MOTIVATE US -- TO PASS THIS 12793 10:38:22,001 --> 10:38:23,000 BILL. 12794 10:38:23,001 --> 10:38:25,000 INSURED CHILDREN ARE 12795 10:38:25,001 --> 10:38:26,000 BETTER-EQUIPPED TO DO WELL IN 12796 10:38:26,001 --> 10:38:28,000 SCHOOL. 12797 10:38:28,001 --> 10:38:30,000 UNINSURED CHILDREN WITH POORLY 12798 10:38:30,001 --> 10:38:31,000 CONTROLLED CHRONIC DISEASES LIKE 12799 10:38:31,001 --> 10:38:32,000 ASTHMA CAN SUFFER POOR ACADEMIC 12800 10:38:32,001 --> 10:38:34,000 PERFORMANCE IF THEIR HEALTH CARE 12801 10:38:34,001 --> 10:38:36,000 CONDITION CAUSES THEM TO MISS 12802 10:38:36,001 --> 10:38:37,000 MANY DAYS OF 12803 10:38:37,001 --> 10:38:39,000 WE KNOWHAT. 12804 10:38:39,001 --> 10:38:41,000 THIS IS NOT NEWS. 12805 10:38:41,001 --> 10:38:43,000 BUT, UNFORTUNATELY, WE'VE 12806 10:38:43,001 --> 10:38:45,000 ALLOWED CONDITIONS TO PERSIST IN 12807 10:38:45,001 --> 10:38:47,000 OUR SYSTEM WHERE A CHILD DOESN'T 12808 10:38:47,001 --> 10:38:49,000 GET THE KIND OF CARE THAT ALLOWS 12809 10:38:49,001 --> 10:38:53,000 THEIR ASTHMA OR OTHER CONDITION 12810 10:38:53,001 --> 10:38:55,000 TO BE MADE WORSE. 12811 10:38:55,001 --> 10:38:56,000 INSURANCE IMPROVES CHILDREN'S 12812 10:38:56,001 --> 10:38:59,000 ACCESS TO THE MEDICATIONS AND 12813 10:38:59,001 --> 10:39:02,000 TREATMENTS THEY NEED TO CONTROL 12814 10:39:02,001 --> 10:39:04,000 TO MISS FEWER DAYS OF SCHOOL. 12815 10:39:04,001 --> 10:39:05,000 WE KNOW THAT'S -- WE KNOW THAT'S 12816 10:39:05,001 --> 10:39:09,000 THE CASE. 12817 10:39:09,001 --> 10:39:12,000 NOW, THE CHART ON MY LEFT GIVES 12818 10:39:12,001 --> 10:39:13,000 A BRIEF OVERVIEW OF A JOHNS 12819 10:39:13,001 --> 10:39:14,000 HOPKINS UNIVERSITY STUDY 12820 10:39:14,001 --> 10:39:17,000 PUBLISHED IN "THE NEW YORK 12821 10:39:17,001 --> 10:39:19,000 TIMES" ON OCTOBER 30, JUST A FEW 12822 10:39:19,001 --> 10:39:20,000 DAYS AGO, THAT HOSPITALIZED 12823 10:39:20,001 --> 10:39:24,000 CHILDREN WITHOUT INSURANCE ARE 12824 10:39:24,001 --> 10:39:26,000 MORE LIKELY TO DIE. 12825 10:39:26,001 --> 10:39:28,000 SO THIS ISN'T JUST ABOUT A CHILD 12826 10:39:28,001 --> 10:39:29,000 GETTING A SLOWER START IN LIFE 12827 10:39:29,001 --> 10:39:32,000 BECAUSE THEY DIDN'T HAVE HEALTH 12828 10:39:32,001 --> 10:39:34,000 RE OR A CHILDOT GETTING -- 12829 10:39:34,001 --> 10:39:35,000 HAVING 12830 10:39:35,001 --> 10:39:36,000 IN SCHOOL BECAUS 12831 10:39:36,001 --> 10:39:37,000 GET HEALTH CARE, OR MISSING DAYS 12832 10:39:37,001 --> 10:39:39,000 IN SCHOOL. 12833 10:39:39,001 --> 10:39:41,000 ALL OF THAT IS TERRIBLE FOR THAT 12834 10:39:41,001 --> 10:39:43,000 CHILD AND FOR THAT FEAVMENT THIS 12835 10:39:43,001 --> 10:39:45,000 IS A LOT WORSE THAN THAT. 12836 10:39:45,001 --> 10:39:48,000 THIS IS LITERALLY ABOUT THE LIFE 12837 10:39:48,001 --> 10:39:51,000 AND DEATH OF A CHILD. 12838 10:39:51,001 --> 10:39:52,000 ACCORDING TO THIS STUDY AND 12839 10:39:52,001 --> 10:39:54,000 OTHERS AS WELL. 12840 10:39:54,001 --> 10:39:57,000 AND I'D ASK FOR THE RECORD, 12841 10:39:57,001 --> 10:40:01,000 MR. PRESIDENT, TO SUBMIT AN 12842 10:40:01,001 --> 10:40:02,000 ARTICLE DATED OCTOBER 30, 2009, 12843 10:40:02,001 --> 10:40:03,000 IN "THE NEW YORK TIMES" WITH THE 12844 10:40:03,001 --> 10:40:04,000 HEADLINE "HOSPITALIZED CHILDREN 12845 10:40:04,001 --> 10:40:10,000 WITHOUT INSURANCE ARE MORE 12846 10:40:10,001 --> 10:40:11,000 LIKELY TO DI, A STUDY FINDS." THE PRESIDING OFFICER: WITHOUT 12847 10:40:11,001 --> 10:40:12,000 OBJECTION. 12848 10:40:12,001 --> 10:40:15,000 MR. CASEY: THIS IS WHAT IT SAYS. 12849 10:40:15,001 --> 10:40:16,000 "RESEARCH AT JOHNS HOPKINS 12850 10:40:16,001 --> 10:40:18,000 ANALYZED DPRAT MORE THAN 23 12851 10:40:18,001 --> 10:40:20,000 MILLION CHILDREN'S 12852 10:40:20,001 --> 10:40:24,000 HOSPITALIZATIONS IN 12853 10:40:24,001 --> 10:40:25,000 FROM 1988 TO 2005." 12854 10:40:25,001 --> 10:40:28,000 THIS WASN'T A QUICK SURVEY. 12855 10:40:28,001 --> 10:40:31,000 THIS WAS A DETAILED STUDY OF 12856 10:40:31,001 --> 10:40:34,000 MILLIONS OF RECORDS OVER -- OVER 12857 10:40:34,001 --> 10:40:35,000 THAT LONG A TIME PERIOD. 12858 10:40:35,001 --> 10:40:39,000 "COMPARED WITH INSURED CHILD 12859 10:40:39,001 --> 10:40:42,000 UNINSURED CHILDREN, FACED A 60% 12860 10:40:42,001 --> 10:40:45,000 INCREASED RISK OF DYING." 12861 10:40:45,001 --> 10:40:49,000 A 60% INCREASED RISK OF DYI, 12862 10:40:49,001 --> 10:40:50,000 THE RESEARCHERS SHOW. 12863 10:40:50,001 --> 10:40:52,000 SO 12864 10:40:52,001 --> 10:40:53,000 AB 12865 10:40:53,001 --> 10:40:55,000 THIS ISN'T THEORETICAL. 12866 10:40:55,001 --> 10:40:58,000 THIS ISN'T SOME PUBLIC POLICY 12867 10:40:58,001 --> 10:41:01,000 ARGUMENT THAT WE PULLED DOWN 12868 10:41:01,001 --> 10:41:04,000 FROM A PUBLIC POLICY REPORT. 12869 10:41:04,001 --> 10:41:05,000 THIS IS ABOUT LIFE AND DEATH FOR CHILEN. 12870 10:41:05,001 --> 10:41:08,000 WE'RE EITHER GOING TO STAY ON 12871 10:41:08,001 --> 10:41:10,000 THE COURSE WE'VE BEEN ON WITH 12872 10:41:10,001 --> 10:41:12,000 REGARD TO CHILDREN, MAKING -- 12873 10:41:12,001 --> 10:41:13,000 MAKING IMPROVEMENTS, 12874 10:41:13,001 --> 10:41:15,000 STRENGTHENING A PROGRAM LIKE 12875 10:41:15,001 --> 10:41:17,000 CHIP, OR WE'RE NOT. 12876 10:41:17,001 --> 10:41:19,000 AND I THINK IT'S VITALLY 12877 10:41:19,001 --> 10:41:20,000 IMPORTANT WE CONTINUE TO MAKE 12878 10:41:20,001 --> 10:41:22,000 PROGRESS AS IT RELATES TO 12879 10:41:22,001 --> 10:41:24,000 CHILDREN'S HEALTH INSURANCE. 12880 10:41:24,001 --> 10:41:27,000 SO THIS IS -- THIS IS 12881 10:41:27,001 --> 10:41:30,000 FUNDAMENTAL TO THIS DISCUSSION 12882 10:41:30,001 --> 10:41:33,000 ABOUT HEALTH CARE REFORM. 12883 10:41:33,001 --> 10:41:37,000 AND SOMETIMES A STUDY OR A CHART 12884 10:41:37,001 --> 10:41:39,000 OR A PUBLIC POLICY REALLY 12885 10:41:39,001 --> 10:41:40,000 DOESN'T TELL US ENOUGH. 12886 10:41:40,001 --> 10:41:43,000 SOMETIMES THE LIFE OF A PERSON 12887 10:41:43,001 --> 10:41:46,000 -- JUST AS SENATOR BROWN WAS 12888 10:41:46,001 --> 10:41:48,000 RELATING LETTERS THAT HE HAS 12889 10:41:48,001 --> 10:41:49,000 RECEIVED AND THEN HIGHLIGHTED 12890 10:41:49,001 --> 10:41:51,000 FROM PEOPLE IN THE STATE OF 12891 10:41:51,001 --> 10:41:54,000 OHIO, PEOPLE IN PENNSYLVANIA 12892 10:41:54,001 --> 10:41:55,000 HAVE WRITTEN TO ME OR SENT AN 12893 10:41:55,001 --> 10:41:58,000 E-MAIL OR APPEARED IN OUR OFFICE 12894 10:41:58,001 --> 10:42:00,000 AND TOLD THEIR OWN STORIES. 12895 10:42:00,001 --> 10:42:02,000 AND IN THIS CASE, WHEN THIS 12896 10:42:02,001 --> 10:42:03,000 COMES TO REAL FAMILIES AND REAL 12897 10:42:03,001 --> 10:42:04,000 CHILDREN, IT'S ESPECIALLY 12898 10:42:04,001 --> 10:42:06,000 IMPORTANT TO HIGHLIGHT THOSE. 12899 10:42:06,001 --> 10:42:08,000 I JUST HAVE ONE EXAMPLE TO SHARE 12900 10:42:08,001 --> 10:42:11,000 TONIGHT. 12901 10:42:11,001 --> 10:42:13,000 I RECEIVED A LETTER FROM A 12902 10:42:13,001 --> 10:42:14,000 PENNSYLVANIA RESIDENT, 12903 10:42:14,001 --> 10:42:16,000 LOUIS. 12904 10:42:16,001 --> 10:42:18,000 DESE HAS 12905 10:42:18,001 --> 10:42:20,000 NOW -- WHO ARE NOW OLDER. 12906 10:42:20,001 --> 10:42:22,000 SHE WAS RECALLING WHEN SHE 12907 10:42:22,001 --> 10:42:23,000 CONTACTED US ABOUT WHAT SHE WENT 12908 10:42:23,001 --> 10:42:26,000 THROUGH WITH HER FOUR CHILDREN 12909 10:42:26,001 --> 10:42:27,000 IN TERMS OF HEALTH CARE. 12910 10:42:27,001 --> 10:42:30,000 ALL THROUGH THEIR CHILDHOOD 12911 10:42:30,001 --> 10:42:33,000 DENISE AND HER HUSBAND STRUGGLED 12912 10:42:33,001 --> 10:42:35,000 WITH BEING EITHER UNINSURED OR 12913 10:42:35,001 --> 10:42:37,000 UNDERINSURED. 12914 10:42:37,001 --> 10:42:39,000 WHAT HEALTH INSURANCE THEY HAVE 12915 10:42:39,001 --> 10:42:42,000 HAS ALWAYS BEEN EMPLOYER-BASED 12916 10:42:42,001 --> 10:42:44,000 BUT OFTEN WAS LIMITED 12917 10:42:44,001 --> 10:42:45,000 COVERED HOSPITALIZATIONS. 12918 10:42:45,001 --> 10:42:47,000 HER FAMILY COULDN'T AFFORD THE 12919 10:42:47,001 --> 10:42:49,000 PREMIUMS ON MORE EXPENSIVE 12920 10:42:49,001 --> 10:42:52,000 COVERAGE AND MUCH OF THIS, 12921 10:42:52,001 --> 10:42:53,000 UNFORTUNATELY, WAS BEFORE THE 12922 10:42:53,001 --> 10:42:54,000 CHILDREN'S HEALTH INSURANCE 12923 10:42:54,001 --> 10:42:56,000 PROGRAM WAS IN EFFECT. 12924 10:42:56,001 --> 10:42:58,000 AND HER FAMILY NEVER QUALIFIED 12925 10:42:58,001 --> 10:43:00,000 FOR ANY OTHER KIND OF ASSISTANCE. 12926 10:43:00,001 --> 10:43:02,000 SHE SAID SHE WOULD WORK 12927 10:43:02,001 --> 10:43:05,000 JOB PART-TIME AS A WAITRESS SO 12928 10:43:05,001 --> 10:43:08,000 THEY COULD AFFORD FOOD AND TO 12929 10:43:08,001 --> 10:43:09,000 PAY OFF MEDICAL BILLS. 12930 10:43:09,001 --> 10:43:13,000 AND TODAY, EVEN THOUGH HER 12931 10:43:13,001 --> 10:43:14,000 YOUNGEST IS 19 YEARS OLD -- HER 12932 10:43:14,001 --> 10:43:16,000 YOUNGEST CHILD OF THE FOUR IS 19 12933 10:43:16,001 --> 10:43:18,000 YEARS OLD T 12934 10:43:18,001 --> 10:43:20,000 SENDING MONTHLY DHEKS TO HER 12935 10:43:20,001 --> 10:43:22,000 PEDIATRICIAN TO PAY FOR ALL THE 12936 10:43:22,001 --> 10:43:23,000 CARE HER CHILDREN RECEIVED. 12937 10:43:23,001 --> 10:43:24,000 IMAGINE THAT. 12938 10:43:24,001 --> 10:43:28,000 ALL THESE YEARS LATER, BECAUSE 12939 10:43:28,001 --> 10:43:29,000 OF THE SYSTEM WE HAVE -- AND 12940 10:43:29,001 --> 10:43:30,000 GOODNESS THERE ARE GREAT PARTS 12941 10:43:30,001 --> 10:43:31,000 TO OUR SYSTEM WE SHOULD 12942 10:43:31,001 --> 10:43:34,000 CELEBRATE AND BE PROUD OF. 12943 10:43:34,001 --> 10:43:35,000 BUT THERE ARE A LOT PARTS OF OUR 12944 10:43:35,001 --> 10:43:37,000 HEALTH CARE SYSTEM WHICH SIMPLY 12945 10:43:37,001 --> 10:43:38,000 DON'T WORK FOR TOO MANY 12946 10:43:38,001 --> 10:43:39,000 AMERICANS, AND IT'S HURTING FAMILIES. 12947 10:43:39,001 --> 10:43:42,000 IT'S HURTING BUSINESSES, AND 12948 10:43:42,001 --> 10:43:44,000 IT'S KILLING OUR ABILITY TO GROW 12949 10:43:44,001 --> 10:43:46,000 THE ECONOMY LONG TERM. 12950 10:43:46,001 --> 10:43:48,000 AND THIS IS ONE EXAMPLE. 12951 10:43:48,001 --> 10:43:51,000 WHY SHOULD DENISE LOUIS OR 12952 10:43:51,001 --> 10:43:53,000 ANYONE HAVE TO WORRY LIKE THIS, 12953 10:43:53,001 --> 10:43:55,000 HAVE TO CHOOSE BETWEEN FOOD AND 12954 10:43:55,001 --> 10:43:56,000 GETTING MEDICAL CARE OR PAYING 12955 10:43:56,001 --> 10:43:58,000 FOR A HOSPITAL VISIT? 12956 10:43:58,001 --> 10:44:00,000 AND WHY SHOULD ANYONE HAVE TO 12957 10:44:00,001 --> 10:44:03,000 PAY OFF MEDICAL BILLS YEARS 12958 10:44:03,001 --> 10:44:04,000 YES LATER FOR CHILDREN WHO ARE 12959 10:44:04,001 --> 10:44:07,000 ALREADY GROWN? 12960 10:44:07,001 --> 10:44:09,000 AT TIMES, SHE SAID -- I'M 12961 10:44:09,001 --> 10:44:10,000 TALKING ABOUT DENISE LOUIS -- 12962 10:44:10,001 --> 10:44:11,000 SHE SAID THAT THE MEDICAL CARE 12963 10:44:11,001 --> 10:44:13,000 HER CHILDREN NEEDED WOULD 12964 10:44:13,001 --> 10:44:15,000 ACTUALLY DETERMINE WHAT FOOD THE 12965 10:44:15,001 --> 10:44:18,000 FAMILY ATE THAT WEEK. 12966 10:44:18,001 --> 10:44:19,000 THEY MANAGED TO MAKE ENDS MEET 12967 10:44:19,001 --> 10:44:21,000 BUT NEVER HAD ANY MONEY FOR 12968 10:44:21,001 --> 10:44:22,000 EXTRAS OF ANY KIND. 12969 10:44:22,001 --> 10:44:28,000 THEREON THIS IN TERMS OF WHAT DENISE SAID. 12970 10:44:28,001 --> 10:44:29,000 SHE IS ARE HER WORDS. 12971 10:44:29,001 --> 10:44:30,000 "WONDERING WHETHER YOU SHOULD GO 12972 10:44:30,001 --> 10:44:32,000 TO THE DOCTOR IS COMPLETELY 12973 10:44:32,001 --> 10:44:34,000 DIFFERENT FROM WONDERING WHETHER 12974 10:44:34,001 --> 10:44:35,000 YOUR KIDS SHOULD GO TO THE 12975 10:44:35,001 --> 10:44:38,000 DOCTOR." 12976 10:44:38,001 --> 10:44:39,000 THAT'S THE NIGHTMARE 12977 10:44:39,001 --> 10:44:41,000 MANY FAMILIES ARE LIVING 12978 10:44:41,001 --> 10:44:43,000 THROUGH, AND FOR THOSE WHO SAY 12979 10:44:43,001 --> 10:44:45,000 WELL, LET'S JUST THINK ABOUT IT 12980 10:44:45,001 --> 10:44:46,000 FOR ANOTHER SIX MONTHS, LET'S 12981 10:44:46,001 --> 10:44:48,000 NOT PASS A BILL, SOME ARE 12982 10:44:48,001 --> 10:44:51,000 SAYING, LET'S SLOW IT DOWN, IT'S 12983 10:44:51,001 --> 10:44:52,000 TOO -- IT'S TOO COMPLICATED, WE 12984 10:44:52,001 --> 10:44:56,000 CAN'T DO THIS. 12985 10:44:56,001 --> 10:45:00,000 FOR THOSE WHO ARE SAYING THAT, I 12986 10:45:00,001 --> 10:45:01,000 WOULD ASK THEM IF THEY HAVE EVER 12987 10:45:01,001 --> 10:45:03,000 THE QUESTION OF WHAT KIND OF 12988 10:45:03,001 --> 10:45:06,000 CARE YOUR CHILD WILL GET. 12989 10:45:06,001 --> 10:45:08,000 HAVE THEY EVER FACED THE DILEMMA 12990 10:45:08,001 --> 10:45:09,000 OF HOWUCH YOUR FAMILY CAN EAT 12991 10:45:09,001 --> 10:45:13,000 IN A PARTICULAR WEEK OR CAN YOU 12992 10:45:13,001 --> 10:45:15,000 PAY FOR A 12993 10:45:15,001 --> 10:45:17,000 DENISE LEWIS, ONE OF HER 12994 10:45:17,001 --> 10:45:18,000 CHILDREN, HAD FREQUENT EAR 12995 10:45:18,001 --> 10:45:20,000 INFECTIONS AS A BABY, AND MORE 12996 10:45:20,001 --> 10:45:22,000 THAN ONCE, SHE WOULD CALL THE 12997 10:45:22,001 --> 10:45:24,000 PEDIATRICIAN AND ASK IF SHE 12998 10:45:24,001 --> 10:45:25,000 COULD GET A PRESCRIPTION WITHOUT 12999 10:45:25,001 --> 10:45:27,000 COMING TO THE OFFICE SO THAT SHE 13000 10:45:27,001 --> 10:45:29,000 WOULDN'T HAVE TO PAY FOR THE 13001 10:45:29,001 --> 10:45:32,000 OFFICE VISIT. 13002 10:45:32,001 --> 10:45:34,000 WHY HAVE WE TOLERATED THIS? 13003 10:45:34,001 --> 10:45:36,000 YEAR AFTER YEAR AND DECADE AFTER 13004 10:45:36,001 --> 10:45:41,000 DECADE OF PEOPLE TELLING STORIES 13005 10:45:41,001 --> 10:45:43,000 LIKE THIS, THE UNITED STATES YEAR AFTER 13006 10:45:43,001 --> 10:45:44,000 YEAR HAS SAID WELL, WE'LL GET TO 13007 10:45:44,001 --> 10:45:46,000 THAT LATER. 13008 10:45:46,001 --> 10:45:51,000 WELL, IT'S TOO COMPLICATED. 13009 10:45:51,001 --> 10:45:52,000 WHY SHOULD ANY PARENT, MOTHER OR 13010 10:45:52,001 --> 10:45:54,000 FATHER, SINGLE PARENT, WHY 13011 10:45:54,001 --> 10:45:56,000 SHOULD ANY PARENT HAVE TO -- 13012 10:45:56,001 --> 10:45:59,000 HAVE TO MAKE THOSE CHOICES OR 13013 10:45:59,001 --> 10:46:00,000 SAY TO A PEDIATRICIAN CAN I GET 13014 10:46:00,001 --> 10:46:02,000 A PRESCRIPTION WITHOUT COMING TO 13015 10:46:02,001 --> 10:46:04,000 THE OFFICE BECAUSE I CAN'T 13016 10:46:04,001 --> 10:46:05,000 AFFORD THE OFFICE VISIT? 13017 10:46:05,001 --> 10:46:06,000 WE'RE THE GREATEST COUNTRY IN 13018 10:46:06,001 --> 10:46:08,000 THE 13019 10:46:08,001 --> 10:46:10,000 WE HAVE ALL THE BENEFITS OF THE 13020 10:46:10,001 --> 10:46:13,000 WONDERS OF TECHNOLOGY AND GREAT 13021 10:46:13,001 --> 10:46:15,000 DOCTORS AND DEDICATED AND 13022 10:46:15,001 --> 10:46:17,000 SKILLED NURSES, GREAT HOSPITALS 13023 10:46:17,001 --> 10:46:20,000 AND HOSPITAL SYSTEMS, ALL THIS 13024 10:46:20,001 --> 10:46:21,000 BRAINPOWER AND TALENT AND 13025 10:46:21,001 --> 10:46:22,000 ABILITY AND ABILITY TO CURE 13026 10:46:22,001 --> 10:46:25,000 DISEASE, AND YET ON THE OTHER 13027 10:46:25,001 --> 10:46:27,000 SIDE OF OUR SYSTEM, WE TELL 13028 10:46:27,001 --> 10:46:30,000 PEOPLE YOUAVE TO PAY MORE FOR 13029 10:46:30,001 --> 10:46:32,000 A DOCTOR VISIT FOR YOUR CHILD. 13030 10:46:32,001 --> 10:46:34,000 WHY HAVE WE ALLOWED THIS TO HAPPEN? 13031 10:46:34,001 --> 10:46:37,000 YEAR AFTER YEAR, WE HAVE JUST 13032 10:46:37,001 --> 10:46:43,000 ALLOWED THIS PROBLEM TO PERSIST. 13033 10:46:43,001 --> 10:46:44,000 WE SAY TO OUR SYSTEM -- OUR 13034 10:46:44,001 --> 10:46:45,000 SYSTEM HAS SAID TO WOMEN YOU 13035 10:46:45,001 --> 10:46:47,000 SHOULD ENGAGE IN SOME 13036 10:46:47,001 --> 10:46:48,000 PREVENTATIVE STRATEGY, AND WITH 13037 10:46:48,001 --> 10:46:50,000 REGARD TO BREAST CANCER, YOU 13038 10:46:50,001 --> 10:46:51,000 SHOULD GET A MAMMOGRAM. 13039 10:46:51,001 --> 10:46:53,000 AND THEN WE SAY BUT YOU HAVE TO 13040 10:46:53,001 --> 10:46:54,000 PAY FOR ALL OR MOST OF IT. 13041 10:46:54,001 --> 10:46:57,000 WHY DO WE DO THAT? 13042 10:46:57,001 --> 10:47:00,000 WHY SHOULD WE ALLOW THAT TO 13043 10:47:00,001 --> 10:47:02,000 CONTINUE? 13044 10:47:02,001 --> 10:47:06,000 I WANTED TO MOVE TO TWO MOR 13045 10:47:06,001 --> 10:47:07,000 CHARTS, 13046 10:47:07,001 --> 10:47:08,000 TIME A LITTLE BIT. 13047 10:47:08,001 --> 10:47:10,000 LET ME GO TO THE NEXT CHART. 13048 10:47:10,001 --> 10:47:12,000 I REALLY BELIEVE THAT WHEN WE 13049 10:47:12,001 --> 10:47:15,000 DESCRIBE SOMEF THESE 13050 10:47:15,001 --> 10:47:17,000 CHALLENGES, WE'RE TALKING ABOUT 13051 10:47:17,001 --> 10:47:18,000 REALLY A NATIONAL TRAGEDY. 13052 10:47:18,001 --> 10:47:20,000 THE CHILDREN IN OUR COUNTRY 13053 10:47:20,001 --> 10:47:22,000 SHOULD BE REDUCED TO HAVING THE 13054 10:47:22,001 --> 10:47:25,000 EMERGENCY ROOM AS THEIR PRIMARY 13055 10:47:25,001 --> 10:47:27,000 CARE PHYSICIAN OR THEIR DOCTOR'S 13056 10:47:27,001 --> 10:47:28,000 OFFICE, AS WE ALL WHEN WE WERE 13057 10:47:28,001 --> 10:47:30,000 GROWING UP WE KNEW WHAT IT WAS 13058 10:47:30,001 --> 10:47:31,000 LIKE TO GO TOHE DOCTOR, BUT 13059 10:47:31,001 --> 10:47:33,000 FOR TOO MANY CHILDREN, THE 13060 10:47:33,001 --> 10:47:34,000 EMERGENCY ROOM IS THE DOCTOR'S 13061 10:47:34,001 --> 10:47:35,000 OFFICE. 13062 10:47:35,001 --> 10:47:36,000 AND THAT'S NOT GOOD FOR THAT 13063 10:47:36,001 --> 10:47:37,000 CHILD BECAUSE IT USUALLY MEANS 13064 10:47:37,001 --> 10:47:39,000 THEY ARE FURTHER DOWN THE ROAD 13065 10:47:39,001 --> 10:47:42,000 WITH A CONDITION OR A PROBLEM, 13066 10:47:42,001 --> 10:47:43,000 THEY ARE SICKER AND HAVE MORE 13067 10:47:43,001 --> 10:47:45,000 COMPLICATED, AND IT'S ALSO BAD 13068 10:47:45,001 --> 10:47:46,000 FOR HOW WE PAY FOR HEALTH CARE. 13069 10:47:46,001 --> 10:47:51,000 WE ALSO KNOW THAT EMERGENCY ROOM 13070 10:47:51,001 --> 10:47:52,000 CARE BY UNINSURED AMERICANS WITH 13071 10:47:52,001 --> 10:47:54,000 NO PLACE TO GO BUT AN EMERGENCY 13072 10:47:54,001 --> 10:47:56,000 ROOM IS ONE OF THE BIGGEST 13073 10:47:56,001 --> 10:47:58,000 DRIVERS OF THE OUT-OF-CONTROL 13074 10:47:58,001 --> 10:48:00,000 COSTS THAT WE OFTEN SEE IN OUR 13075 10:48:00,001 --> 10:48:01,000 SYSTEM, AND IT'S WHY WE NEED 13076 10:48:01,001 --> 10:48:06,000 HEALTH CARE REFORM NOW. 13077 10:48:06,001 --> 10:48:13,000 WE NOW COVER ABOUT SEVEN MILLION 13078 10:48:13,001 --> 10:48:14,000 CHILDREN IN CHIP, AND WE 13079 10:48:14,001 --> 10:48:15,000 THANKFULLY, FORTUNATELY 13080 10:48:15,001 --> 10:48:17,000 RE-AUTHORIZED IT IN 2009. 13081 10:48:17,001 --> 10:48:19,000 IT KIND OF WENT BY PRETTY 13082 10:48:19,001 --> 10:48:20,000 QUICKLY, BUT THAT WAS A MAJOR 13083 10:48:20,001 --> 10:48:21,000 ACHIEVEMENT THAT THAT BILL IS 13084 10:48:21,001 --> 10:48:22,000 NOW -- THAT BILL WENT THROUGH 13085 10:48:22,001 --> 10:48:23,000 AND THE PRESIDENT OF THE UNITED 13086 10:48:23,001 --> 10:48:24,000 STATES, PRESIDENT OBAMA, SIGNED 13087 10:48:24,001 --> 10:48:26,000 IT INTO LAW. 13088 10:48:26,001 --> 10:48:27,000 BY VIRTUE OF THAT ONE SIGNATURE 13089 10:48:27,001 --> 10:48:33,000 AND THE WORK THAT LED UP TO 13090 10:48:33,001 --> 10:48:36,000 THAT, THAT SEVEN MILLION THAT 13091 10:48:36,001 --> 10:48:39,000 ARE COVERED NOW BY CHIP WILL 13092 10:48:39,001 --> 10:48:41,000 DOUBLE BY 2013 TO 14 MILLION 13093 10:48:41,001 --> 10:48:44,000 CHILDREN WHO WILL BE COVERED BY 13094 10:48:44,001 --> 10:48:47,000 THAT PROGRAM. 13095 10:48:47,001 --> 10:48:49,000 BUT EVEN WITH THAT RE-AUTHORIZATION, THERE ARE 13096 10:48:49,001 --> 10:48:52,000 STILL THINGS THAT WILL CHALLENGE 13097 10:48:52,001 --> 10:48:53,000 US WITH REGARD TO THE CHILDREN'S 13098 10:48:53,001 --> 10:48:56,000 HEALTH INSURANCE PROGRAM. 13099 10:48:56,001 --> 10:48:58,000 ONE OF THEM IS A FAILURE THAT 13100 10:48:58,001 --> 10:49:01,000 COULD TAKE PLACE OVER TIME WHERE 13101 10:49:01,001 --> 10:49:03,000 WE DON'T STRENGTHEN THE 13102 10:49:03,001 --> 10:49:04,000 CHILDREN'S HEALTH INSURANCE 13103 10:49:04,001 --> 10:49:06,000 PROGRAM. 13104 10:49:06,001 --> 10:49:11,000 AND I MEANT TO HIGHLIGHT THIS 13105 10:49:11,001 --> 10:49:13,000 CHART AS WELL. 13106 10:49:13,001 --> 10:49:15,000 UNINSURED LOW-INCOME CHILDREN -- 13107 10:49:15,001 --> 10:49:16,000 THIS IS WHY THE CHIP IS SO 13108 10:49:16,001 --> 10:49:17,000 IMPORTANT. 13109 10:49:17,001 --> 10:49:19,000 UNINSURED LOW-INCOME CHILDREN 13110 10:49:19,001 --> 10:49:20,000 ARE FOUR TIMES AS LIKELY TO RELY 13111 10:49:20,001 --> 10:49:22,000 ON AN EMERGENCY DEPARTMENT OR 13112 10:49:22,001 --> 10:49:23,000 HAVE NO REGULAR SOURCE OF CARE. 13113 10:49:23,001 --> 10:49:24,000 THAT'S 13114 10:49:24,001 --> 10:49:27,000 MAKE ABOUT EMERGENCY ROOM VISITS. 13115 10:49:27,001 --> 10:49:28,000 BUT FINALLY, LET ME MOVE TO 13116 10:49:28,001 --> 10:49:29,000 FOURTH CHART. 13117 10:49:29,001 --> 10:49:32,000 NOT ONLY IS THIS PROGRAM, 13118 10:49:32,001 --> 10:49:33,000 CHILDREN'S HEALTH INSURANCE, A 13119 10:49:33,001 --> 10:49:35,000 MAJOR SUCCESS ACROSS THE 13120 10:49:35,001 --> 10:49:37,000 COUNTRY, BUT IT HAS REDUCED THE 13121 10:49:37,001 --> 10:49:40,000 RATE OF UNINSURED WINNER BY MORE THAN ONE-THIRD. 13122 10:49:40,001 --> 10:49:44,000 AS WE CAN SEE ON THIS CHART ON 13123 10:49:44,001 --> 10:49:45,000 MY LEFT, UNINSURED -- INSURING 13124 10:49:45,001 --> 10:49:47,000 CHILDREN, I SHOULD SAY, IS 13125 10:49:47,001 --> 10:49:49,000 SOMETHING THAT PEOPLE ACROSS 13126 10:49:49,001 --> 10:49:53,000 AMERICA STRONGLY, STRONGLY SUPPORT. 13127 10:49:53,001 --> 10:49:54,000 PRIOR TO THE -- THE AMENDMENTS 13128 10:49:54,001 --> 10:49:56,000 AND THE MARKUP PROCESS IN THE 13129 10:49:56,001 --> 10:50:00,000 FINANCE COMMITTEE THIS FALL, 13130 10:50:00,001 --> 10:50:01,000 THERE WAS A PROPOSAL TO 13131 10:50:01,001 --> 10:50:02,000 CHILDREN'S HEALTH INSURANCE 13132 10:50:02,001 --> 10:50:04,000 PROGRAM INTO THE HEALTH 13133 10:50:04,001 --> 10:50:07,000 INSURANCE EXCHANGE AS PART OF 13134 10:50:07,001 --> 10:50:08,000 TH FINANCE COMMITTEE BILL. 13135 10:50:08,001 --> 10:50:11,000 NOW, MANY MEMBERS OF THAT 13136 10:50:11,001 --> 10:50:12,000 COMMITTEE AND OTHERS LIKE ME AND 13137 10:50:12,001 --> 10:50:13,000 OTHERS DIDN'T THINK THAT WAS A 13138 10:50:13,001 --> 10:50:16,000 GOOD IDEA. 13139 10:50:16,001 --> 10:50:17,000 SENATOR JAY ROCKEFELLER WAS 13140 10:50:17,001 --> 10:50:20,000 ANOTHER, AND FORTUNATELY HE WAS 13141 10:50:20,001 --> 10:50:22,000 ON THE COMMITTEE, ON THE FINAN 13142 10:50:22,001 --> 10:50:23,000 COMMITTEE, AND HIS AMENDMENT IN 13143 10:50:23,001 --> 10:50:25,000 THAT COMMITTEE FORTUNATELY 13144 10:50:25,001 --> 10:50:27,000 REMOVED THE CHILDREN'S HEALTH 13145 10:50:27,001 --> 10:50:29,000 INSURANCE PROGRAM FROM THE EXCHANGE. 13146 10:50:29,001 --> 10:50:32,000 NOW, WHY WAS THAT IMPORTANT? 13147 10:50:32,001 --> 10:50:34,000 WELL, THE DATA IS OVERWHELMING 13148 10:50:34,001 --> 10:50:36,000 THAT PLACING FAMILIES THAT ARE 13149 10:50:36,001 --> 10:50:38,000 COVERED BY THE CHILDREN'S HEALTH 13150 10:50:38,001 --> 10:50:40,000 INSURANCE PROGRAM INTO THAT 13151 10:50:40,001 --> 10:50:42,000 NEWLY CREATED INSURANCE EXCHANGE 13152 10:50:42,001 --> 10:50:46,000 WOULD, IN FACT, 13153 10:50:46,001 --> 10:50:47,000 COSTS AND DECREASE THEIR 13154 10:50:47,001 --> 10:50:49,000 BENEFITS. 13155 10:50:49,001 --> 10:50:50,000 SO THERE WAS A DEBATE ABOUT IT, 13156 10:50:50,001 --> 10:50:52,000 BUT I THINK THE FINANCE 13157 10:50:52,001 --> 10:50:53,000 COMMITTEE DID THE RIGHT THING. 13158 10:50:53,001 --> 10:50:55,000 BY KEEPING THE CHIREN'S HEALTH 13159 10:50:55,001 --> 10:50:58,000 INSURANCE PROGRAM AS A 13160 10:50:58,001 --> 10:51:00,000 STAND-ALONE PROGRAM THAT WE KNOW WORKS. 13161 10:51:00,001 --> 10:51:01,000 ALL THE DATA SHOWS -- IT'S NOT AN EXPERIMENT. 13162 10:51:01,001 --> 10:51:03,000 IT'S NOT A NEW PROGRAM. 13163 10:51:03,001 --> 10:51:04,000 WE HAVE HAD MORE THAN A DECADE 13164 10:51:04,001 --> 10:51:05,000 OF EVIDENCE THAT IT SHOWS THAT 13165 10:51:05,001 --> 10:51:07,000 IT WORKS. 13166 10:51:07,001 --> 10:51:10,000 WE HAVE GOT TO KEEP THAT IN THE FINAL BILL. 13167 10:51:10,001 --> 10:51:11,000 WE HAVE GOT TO KEEP THAT AS A 13168 10:51:11,001 --> 10:51:13,000 STAND-ALONE PROGRAM. 13169 10:51:13,001 --> 10:51:15,000 AND WE H 13170 10:51:15,001 --> 10:51:18,000 TO MAKE SURE THAT HAPPENS. 13171 10:51:18,001 --> 10:51:23,000 WHEN YOU SEE THE NUMBERS HERE, 13172 10:51:23,001 --> 10:51:25,000 AN OVERWHELMING 3-1 MAJORITY, 62%-21% OF AMERICANS WOULD 13173 10:51:25,001 --> 10:51:27,000 OPPOSE THE ELIMINATION OF THE CHILDREN'S HEALTH INSURANCE 13174 10:51:27,001 --> 10:51:30,000 PROGRAM IF THEY LEARNED THAT 13175 10:51:30,001 --> 10:51:31,000 NEW EXCHANGE MAY BE MORE COSTLY 13176 10:51:31,001 --> 10:51:33,000 FOR FAMILIES AND PROVIDE FEWER 13177 10:51:33,001 --> 10:51:34,000 BENEFITS FOR CHILDREN. 13178 10:51:34,001 --> 10:51:36,000 SO WE HAVE TO MAKE SURE THAT 13179 10:51:36,001 --> 10:51:38,000 WHEN WE GET TO THE POINT OF 13180 10:51:38,001 --> 10:51:40,000 HAVING A FINAL BILL WORKED OUT, 13181 10:51:40,001 --> 10:51:41,000 THAT WE KEEP THAT -- KEEP THAT 13182 10:51:41,001 --> 10:51:45,000 IN MIND. 13183 10:51:45,001 --> 10:51:46,000 WE KNOW FOR NOW THAT WE HAVE A 13184 10:51:46,001 --> 10:51:48,000 STAND-ALONE PROGRAM, AND THANK 13185 10:51:48,001 --> 10:51:50,000 GOODNESS THAT CHANGE WAS MADE, 13186 10:51:50,001 --> 10:51:52,000 AND WE KNOW THAT IT WORKS, BUT 13187 10:51:52,001 --> 10:51:54,000 WE HAVE TO DO EVERYTHING WE CAN 13188 10:51:54,001 --> 10:51:55,000 TO STRENGTHEN THE CHILDREN'S 13189 10:51:55,001 --> 10:51:57,000 HEALTH INSURANCE PROGRAM, 13190 10:51:57,001 --> 10:52:00,000 BECAUSE IN THE COMING YEARS, 13191 10:52:00,001 --> 10:52:01,000 THERE WILL BE RECOMMENDATIONS TO 13192 10:52:01,001 --> 10:52:05,000 CHANGE IT, THERE WILL BE OTHERS 13193 10:52:05,001 --> 10:52:07,000 WHO WILL MAKE SUGGESTIONS ABOUT 13194 10:52:07,001 --> 10:52:09,000 HOW THE CHILDREN'S HEALTH 13195 10:52:09,001 --> 10:52:10,000 INSURANCE 13196 10:52:10,001 --> 10:52:11,000 HEALTH CARE SYSTEM, AND WE HAVE 13197 10:52:11,001 --> 10:52:13,000 GOT TO BE VERY CAREFUL ABOUT HOW 13198 10:52:13,001 --> 10:52:15,000 WE DO THAT. 13199 10:52:15,001 --> 10:52:17,000 BUT FOR NOW, I WANT TO EMPHASIZE 13200 10:52:17,001 --> 10:52:18,000 TWO POINTS AND THEN I WILL 13201 10:52:18,001 --> 10:52:20,000 CONCLUDE, MR. PRESIDENT. 13202 10:52:20,001 --> 10:52:22,000 A COMMITMENT TO THAT BASIC GOAL 13203 10:52:22,001 --> 10:52:25,000 THAT NO CHILD AT THE END OF THIS 13204 10:52:25,001 --> 10:52:26,000 IS WORSE OFF, ESPECIALLY 13205 10:52:26,001 --> 10:52:29,000 VULNERABLE CHILDREN WHO HAPPEN 13206 10:52:29,001 --> 10:52:30,000 TO BE POOR OR HAVE ONE OR MORE 13207 10:52:30,001 --> 10:52:32,000 SPECIAL NEEDS. 13208 10:52:32,001 --> 10:52:34,000 WE HAVE TO MAKE SURE THAT THAT 13209 10:52:34,001 --> 10:52:35,000 HAPPENS, AND WE ALSO HAVE TO 13210 10:52:35,001 --> 10:52:37,000 REAFFIRM WHAT I THINK IS 13211 10:52:37,001 --> 10:52:39,000 SELFEVIDENT AND IRREFUTABLE. 13212 10:52:39,001 --> 10:52:40,000 THE CHILDREN'S HEALTH INSURANCE 13213 10:52:40,001 --> 10:52:42,000 PROGRAM WORKS. 13214 10:52:42,001 --> 10:52:43,000 WE'VE GOT TO KEEP IT AS A 13215 10:52:43,001 --> 10:52:44,000 STAND-ALONE PROGRAM. 13216 10:52:44,001 --> 10:52:45,000 WE HAVE TO CONTINUE TO 13217 10:52:45,001 --> 10:52:47,000 STRENGTHEN IT BECAUSE THERE ARE 13218 10:52:47,001 --> 10:52:48,000 SOME CHANGES WE CAN MAKE TO 13219 10:52:48,001 --> 10:52:50,000 STRENGTHEN IT. 13220 10:52:50,001 --> 10:52:52,000 SO I LOOK FORWARD TO WORKING 13221 10:52:52,001 --> 10:52:54,000 WITH OUR COLLEAGUES HERE IN THE 13222 10:52:54,001 --> 10:52:57,000 SENATE TO MEET 13223 10:52:57,001 --> 10:53:00,000 I KNOW THE PRESIDING OFFICER HAS 13224 10:53:00,001 --> 10:53:01,000 A CONCERN ABOUT THIS AS WELL AND 13225 10:53:01,001 --> 10:53:03,000 HE HAS BEEN A GREAT LEADER ON 13226 10:53:03,001 --> 10:53:04,000 HEALTH CARE IN HIS FIRST YEAR IN 13227 10:53:04,001 --> 10:53:06,000 THE UNITED STATES SENATE. 13228 10:53:06,001 --> 10:53:08,000 I WANT TO THANK HIM FOR HIS WORK. 13229 10:53:08,001 --> 10:53:12,000 I'LL CONCLUDE WITH THIS -- IN 13230 10:53:12,001 --> 10:53:17,000 THE SCRIPTURES, IT TELLS US, AND 13231 10:53:17,001 --> 10:53:18,000 I QUOTE -- 13232 10:53:18,001 --> 10:53:20,000 FRIEND IS A STURDY SHELTER." 13233 10:53:20,001 --> 10:53:21,000 WE HAVE HEARD THAT LINE FROM 13234 10:53:21,001 --> 10:53:22,000 STRIP TOUR. 13235 10:53:22,001 --> 10:53:23,000 WE HAVE HEARD IT FROM OTHER 13236 10:53:23,001 --> 10:53:24,000 PLACES AS WELL. 13237 10:53:24,001 --> 10:53:26,000 WE THINK OF FRIENDSHIP AS A KIND 13238 10:53:26,001 --> 10:53:27,000 OF SHELTER WHEN THINGS GET 13239 10:53:27,001 --> 10:53:28,000 DIFFICULT, WHEN LIFE GET DIFFICULT. 13240 10:53:28,001 --> 10:53:29,000 ONE OF THE QUESTIONS THAT WE 13241 10:53:29,001 --> 10:53:33,000 HAVE TO ASK OURSELVES IN THIS 13242 10:53:33,001 --> 10:53:35,000 DEBATE IS WILL THE CONGRESS OF 13243 10:53:35,001 --> 10:53:37,000 THE UNITED STATES REALLY BE A 13244 10:53:37,001 --> 10:53:39,000 FRIEND TO CHILDREN? 13245 10:53:39,001 --> 10:53:42,000 WILL WE BE THAT FAITHFUL FRIEND 13246 10:53:42,001 --> 10:53:44,000 WHO ACTS AS A STURDY SHELTER 13247 10:53:44,001 --> 10:53:45,000 BECAUSE CHILDREN CAN'T DO IT ON 13248 10:53:45,001 --> 10:53:47,000 THEIR OWN, WE HAVE TO HELP THEM. 13249 10:53:47,001 --> 10:53:50,000 AND I BELIEVE THAT BY GETTING 13250 10:53:50,001 --> 10:53:51,000 THIS RIGHT, WE CAN BE 13251 10:53:51,001 --> 10:53:55,000 FAITHFUL FRIEND AND WE CAN BE 13252 10:53:55,001 --> 10:53:56,000 THAT STURDY SHELTER FOR OUR CHILDREN. 13253 10:53:56,001 --> 10:53:58,000 SO LET IT BE SAID OF US, MANY 13254 10:53:58,001 --> 10:54:00,000 YEARS FROM NOW WHEN PEOPLE 13255 10:54:00,001 --> 10:54:01,000 REFLECT UPON HOW THIS DEBATE 13256 10:54:01,001 --> 10:54:02,000 TOOK PLACE AND WHAT WE -- WHAT 13257 10:54:02,001 --> 10:54:04,000 WE PASSED IN TERMS OF HEALTH 13258 10:54:04,001 --> 10:54:07,000 CARE REFORM, LET IT BE SAID OF 13259 10:54:07,001 --> 10:54:09,000 US WHEN OUR WORK IS DONE THAT 13260 10:54:09,001 --> 10:54:11,000 WE, AL OF US, AS MEMBERS OF THE 13261 10:54:11,001 --> 10:54:15,000 UNITED STATES SENATE AND MEMBERS 13262 10:54:15,001 --> 10:54:16,000 OF THE CONGRESS OVERALL, THAT WE 13263 10:54:16,001 --> 10:54:19,000 CREATED AT THIS TIME, AT THIS 13264 10:54:19,001 --> 10:54:21,000 PLACE, A STURDY SHELTER FOR OUR 13265 10:54:21,001 --> 10:54:23,000 CHILDREN AND THAT WE CAN SAY 13266 10:54:23,001 --> 10:54:24,000 THAT WITH CONFIDENCEND WITH 13267 10:54:24,001 --> 10:54:25,000 INTEGRITY. 13268 10:54:25,001 --> 10:54:27,000 MR. PRESIDENT, I YIELD THE FLOOR 13269 10:54:27,001 --> 10:54:28,000 AND WOULD NOTE THE ABSENCE OF A 13270 10:54:28,001 --> 10:54:32,000 QUORUM. 13271 10:54:32,001 --> 10:55:43,000 WILL CALL THE ROLL. 13272 10:55:43,001 --> 10:55:44,000 QUORUM CALL: 13273 10:55:44,001 --> 10:55:45,000 MR. CASEY: MR. PRESIDENT? 13274 10:55:45,001 --> 10:55:47,000 THE PRESIDING OFFICER: THE 13275 10:55:47,001 --> 10:55:48,000 SENATOR FROM PENNSYLVANIA. 13276 10:55:48,001 --> 10:55:50,000 MR. CASEY: I ASK THE QUORUM CALL BE VITIATED. 13277 10:55:50,001 --> 10:55:51,000 THE PRESIDING OFFICER: WITHOUT OBJECTION. 13278 10:55:51,001 --> 10:55:52,000 MR. CASEY: THANK YOU, 13279 10:55:52,001 --> 10:55:53,000 MR. PRESIDENT. 13280 10:55:53,001 --> 10:55:54,000 MR. PRESIDENT, AS IF IN 13281 10:55:54,001 --> 10:55:55,000 EXECUTIVE SESSION, I ASK 13282 10:55:55,001 --> 10:55:57,000 UNANIMOUS CONSENT THAT AT 13283 10:55:57,001 --> 10:55:59,000 4:30 P.M. ON MONDAY, NOVEMBER 9, 13284 10:55:59,001 --> 10:56:01,000 THE SENATE PROCEED TO EXECUTIVE 13285 10:56:01,001 --> 10:56:04,000 SESSION TO CONSIDER CALENDAR 13286 10:56:04,001 --> 10:56:06,000 NUMBER 185, THE NOMINATION OF 13287 10:56:06,001 --> 10:56:08,000 ANDRE M. DAVIS TO BE A U.S. 13288 10:56:08,001 --> 10:56:10,000 CIRCUIT JUDGE FOR THE FOURTH 13289 10:56:10,001 --> 10:56:11,000 CIRCUIT, THAT THERE BE 60 13290 10:56:11,001 --> 10:56:14,000 MINUTES OF DEBATE WITH RESPECT 13291 10:56:14,001 --> 10:56:16,000 TO THE NOMINATION, WITH THE TIME 13292 10:56:16,001 --> 10:56:17,000 EQUALLY DIVIDED AND CONTROLLED 13293 10:56:17,001 --> 10:56:19,000 BETWEEN SENATORS LEAHY AND 13294 10:56:19,001 --> 10:56:22,000 SESSIONS OR THEIR DESIGNE, 13295 10:56:22,001 --> 10:56:23,000 THAT AT 5:30 P.M., THE SENATE 13296 10:56:23,001 --> 10:56:26,000 PROCEED TO VOTE ON CONFIRMATION 13297 10:56:26,001 --> 10:56:27,000 OF THE NOMINATION, THAT UPON 13298 10:56:27,001 --> 10:56:29,000 CONFIRMATION, THE MOTION TO 13299 10:56:29,001 --> 10:56:31,000 RECONSIDER BE MADE AND LAID UPON 13300 10:56:31,001 --> 10:56:32,000 THE TABLE, THE PRESIDENT BE 13301 10:56:32,001 --> 10:56:33,000 IMMEDIATELY NOTIFIED OF THE 13302 10:56:33,001 --> 10:56:36,000 SENATE'S ACTION, AND THE SENATE 13303 10:56:36,001 --> 10:56:37,000 THEN RESUME LEGISLATIVE SESSION. 13304 10:56:37,001 --> 10:56:38,000 THE PRESIDING OFFICER: WITHOUT 13305 10:56:38,001 --> 10:56:40,000 OBJECTION. 13306 10:56:40,001 --> 10:56:42,000 MR. CASEY: FOR THE INFORMATION 13307 10:56:42,001 --> 10:56:44,000 OF THE SENATE, IF MEMBERS WISH 13308 10:56:44,001 --> 10:56:45,000 TO SPEAK WITH RESPECT TO THIS 13309 10:56:45,001 --> 10:56:47,000 NOMINATION ON FRIDAY, THEY'RE 13310 10:56:47,001 --> 10:56:48,000 ENCOURAGED TO DO SO. 13311 10:56:48,001 --> 10:56:50,000 MR. PRESIDENT, I ASK UNANIMOUS 13312 10:56:50,001 --> 10:56:51,000 CONSENT THAT THE SENATE PROCEED 13313 10:56:51,001 --> 10:56:56,000 TO EXECUTIVE SESSION TO CONSIDE 13314 10:56:56,001 --> 10:57:03,000 EN 13315 10:57:03,001 --> 10:57:11,000 CALENDAR NUMBERS 314, 495, 496, 13316 10:57:11,001 --> 10:57:17,000 502, 503, 515, 516, 517, 518, 13317 10:57:17,001 --> 10:57:19,000 523, 524, 525, 528, AND 529, 13318 10:57:19,001 --> 10:57:20,000 THAT THE NOMINATIONS BE 13319 10:57:20,001 --> 10:57:21,000 CONFIRMED, THAT THE MOTIONS TO 13320 10:57:21,001 --> 10:57:23,000 RECONSIDER BE LAID UPON THE 13321 10:57:23,001 --> 10:57:25,000 TABLE EN BLOC, THAT NO FURTHER 13322 10:57:25,001 --> 10:57:27,000 MOTIONS BE IN ORDER, THAT ANY 13323 10:57:27,001 --> 10:57:28,000 STATEMENTS RELATG TO THE 13324 10:57:28,001 --> 10:57:30,000 NOMINATIONS APPEAR IN THE 13325 10:57:30,001 --> 10:57:33,000 APPROPRIATE PLACE IN THE RECORD 13326 10:57:33,001 --> 10:57:35,000 AS IF READ, THAT THE PRESIDENT 13327 10:57:35,001 --> 10:57:36,000 BE IMMEDIATELY NOTIFIED OF THE 13328 10:57:36,001 --> 10:57:38,000 SENATE'S ACTION AND THAT THE 13329 10:57:38,001 --> 10:57:39,000 SENATE RESUME LEGISLATIVE SESSION. 13330 10:57:39,001 --> 10:57:41,000 THE PRESIDING OFFICER: WITHOUT 13331 10:57:41,001 --> 10:57:42,000 OBJECTION. 13332 10:57:42,001 --> 10:57:44,000 MR. CASEY: I ASK UNANIMOUS 13333 10:57:44,001 --> 10:57:45,000 CONSENT THE SENATE PROCEED TO A 13334 10:57:45,001 --> 10:57:47,000 PERIOD OF MORNING BUSINESS WITH 13335 10:57:47,001 --> 10:57:49,000 SENATORS PERMITTED TO SPEAK FOR 13336 10:57:49,001 --> 10:57:51,000 UP TO TEN MINUTES EACH. 13337 10:57:51,001 --> 10:57:52,000 THE 13338 10:57:52,001 --> 10:57:53,000 OBJECTION. 13339 10:57:53,001 --> 10:57:55,000 MR. CASEY: I ASK UNANIMOUS 13340 10:57:55,001 --> 10:57:57,000 CONSENT THE SENATE PROCEED TO 13341 10:57:57,001 --> 10:58:01,000 THE IMMEDIATE CONSIDERATION OF 13342 10:58:01,001 --> 10:58:02,000 CALENDAR NUMBER 13343 10:58:02,001 --> 10:58:03,000 THE PRESIDING OFFICER: THE CLERK 13344 10:58:03,001 --> 10:58:06,000 WILL REPORT. 13345 10:58:06,001 --> 10:58:07,000 THE CLERK: CALENDAR NUMBER 164, 13346 10:58:07,001 --> 10:58:08,000 S. 806, A 13347 10:58:08,001 --> 10:58:09,000 THE ESTABLISHMENT AND 13348 10:58:09,001 --> 10:58:11,000 ADMINISTRATION AND FUNDING OF 13349 10:58:11,001 --> 10:58:13,000 FEDERAL EXECUTIVE BOARDS, AND 13350 10:58:13,001 --> 10:58:14,000 FOR OTHER 13351 10:58:14,001 --> 10:58:15,000 THE PRESIDING OFFICER: WITHOUT 13352 10:58:15,001 --> 10:58:17,000 OBJECTION, THE SENATE WILL 13353 10:58:17,001 --> 10:58:18,000 PROCEED TO THE MEASURE. 13354 10:58:18,001 --> 10:58:20,000 MR. CASEY: I ASK UNANIMOUS 13355 10:58:20,001 --> 10:58:24,000 CONSENT THE COMMITTEE SUBSTITUTE 13356 10:58:24,001 --> 10:58:25,000 AMENDMENT BE WITHDRAWN, THAT AN 13357 10:58:25,001 --> 10:58:28,000 AKAKA-VOINOVICH SUBSTITUTE 13358 10:58:28,001 --> 10:58:29,000 AMENDMENT BE AGREED TO, THE BILL 13359 10:58:29,001 --> 10:58:31,000 AS AMENDED BE READ A THIRD TIME 13360 10:58:31,001 --> 10:58:32,000 AND PASSED, THE MOTIONS TO 13361 10:58:32,001 --> 10:58:34,000 RECONSIDER BE LAID UPON THE 13362 10:58:34,001 --> 10:58:35,000 TABLE WITH NO INTERVENING AION 13363 10:58:35,001 --> 10:58:37,000 OR DEBATE, AND ANY STATEMENTS 13364 10:58:37,001 --> 10:58:39,000 RELATED TO THE BILL BE PLACED IN 13365 10:58:39,001 --> 10:58:41,000 THE RECORD AT THE APPROPRIATE 13366 10:58:41,001 --> 10:58:43,000 PLACE 13367 10:58:43,001 --> 10:58:44,000 THE PRESIDING OFFICER: 13368 10:58:44,001 --> 10:58:45,000 OBJECTION. 13369 10:58:45,001 --> 10:58:46,000 MR. CASEY: I ASK UNANIMOUS 13370 10:58:46,001 --> 10:58:47,000 CONSENT THE SENATE PROCEED TO 13371 10:58:47,001 --> 10:58:52,000 THE IMMEDIATE CONSIDERATION OF 13372 10:58:52,001 --> 10:58:53,000 CALENDAR NUMBER 197, 13373 10:58:53,001 --> 10:58:55,000 THE PRESIDING OFFICER: THE CLERK 13374 10:58:55,001 --> 10:58:57,000 WILL REPORT. 13375 10:58:57,001 --> 10:58:59,000 THE CLERK: CALENDAR NUMBER 197, 13376 10:58:59,001 --> 10:59:03,000 S. 1860, A BILL TO 13377 10:59:03,001 --> 10:59:04,000 CURRENT MEMBER OF THE BOARD OF 13378 10:59:04,001 --> 10:59:06,000 DIRECTORS OF THE OFFICE OF 13379 10:59:06,001 --> 10:59:07,000 COMPLIANCE TO TERMS. 13380 10:59:07,001 --> 10:59:09,000 THE PRESIDING OFFICER: WITHOUT OBJECTN, THE SENATE WILL 13381 10:59:09,001 --> 10:59:10,000 PROCEED TO THE MEASURE. 13382 10:59:10,001 --> 10:59:12,000 MR. CASEY: I ASK UNANIMOUS 13383 10:59:12,001 --> 10:59:14,000 CONSENT THE BILL BE READ A THIRD 13384 10:59:14,001 --> 10:59:15,000 TIME AND PASSED, THE MOTION TO 13385 10:59:15,001 --> 10:59:17,000 RECONSIDER BE LAID UPON THE 13386 10:59:17,001 --> 10:59:18,000 TABLE WITH NO INTERVENING ACTION 13387 10:59:18,001 --> 10:59:20,000 OR DEBATE, AND ANY STATEMENTS 13388 10:59:20,001 --> 10:59:21,000 RELATED TO THE BILL BE 13389 10:59:21,001 --> 10:59:22,000 THE RECORD AT T 13390 10:59:22,001 --> 10:59:24,000 PLACE AS IF READ. 13391 10:59:24,001 --> 10:59:25,000 THE PRESIDING OFFICER: WITHOUT 13392 10:59:25,001 --> 10:59:26,000 OBJECTION. 13393 10:59:26,001 --> 10:59:27,000 MR. CASEY: I ASK UNANIMOUS 13394 10:59:27,001 --> 10:59:29,000 CONSENT THE SENATE PROCEED TO 13395 10:59:29,001 --> 10:59:33,000 THE IMMEDIATE CONSIDERATION OF 13396 10:59:33,001 --> 10:59:34,000 S. RES. 342, SUBMITTED EARLIER 13397 10:59:34,001 --> 10:59:35,000 TODAY. 13398 10:59:35,001 --> 10:59:36,000 THE PRESIDING OFFICER: THE CLERK 13399 10:59:36,001 --> 10:59:38,000 WILL REPORT. 13400 10:59:38,001 --> 10:59:40,000 THE CLERK: SENATE RESOLUTION 13401 10:59:40,001 --> 10:59:43,000 342, RECOGNIZING NATIONAL 13402 10:59:43,001 --> 10:59:45,000 AMERICAN INDIAN AND 13403 10:59:45,001 --> 10:59:46,000 NATIVE HERITAGE MONTH AND SO 13404 10:59:46,001 --> 10:59:47,000 FORT THE PRESIDING OFFICER: WITHOUT 13405 10:59:47,001 --> 10:59:49,000 OBJECTION, THE SENATE WILL 13406 10:59:49,001 --> 10:59:50,000 PROCEED TO THE MSURE. 13407 10:59:50,001 --> 10:59:52,000 MR. CASEY: I ASK UNANIMOUS 13408 10:59:52,001 --> 10:59:54,000 CONSENT THE RESOLUTION BE AGREED 13409 10:59:54,001 --> 10:59:55,000 TO, THE PREAMBLE BE AGREED TO, 13410 10:59:55,001 --> 10:59:57,000 THE MOTIONS TO RECONSIDER BE 13411 10:59:57,001 --> 11:00:00,000 LAID UPON THE TABLE WITH NO 13412 11:00:00,001 --> 11:00:01,000 INTERVENING ACTION OR DEBATE, 13413 11:00:01,001 --> 11:00:02,000 AND ANY STATEMENTS RELATED TO 13414 11:00:02,001 --> 11:00:03,000 THE RESOLUTION BE PLACED IN THE 13415 11:00:03,001 --> 11:00:04,000 RECORD AT THE APPROPRIATE PLACE 13416 11:00:04,001 --> 11:00:07,000 AS IF READ. 13417 11:00:07,001 --> 11:00:08,000 OBJECTION. 13418 11:00:08,001 --> 11:00:10,000 MR. CASEY: MR. PRESIDENT, I ASK 13419 11:00:10,001 --> 11:00:11,000 UNANIMOUS CONSENT THAT THE 13420 11:00:11,001 --> 11:00:13,000 APPOINTMENT AT THE DESK APPEAR 13421 11:00:13,001 --> 11:00:15,000 SEPARATELY IN THE RECORD AS 13422 11:00:15,001 --> 11:00:17,000 MADE BY THE CHAIR. 13423 11:00:17,001 --> 11:00:19,000 THE PRESIDING OFFICER: WITHOUT 13424 11:00:19,001 --> 11:00:20,000 OBJECTION. 13425 11:00:20,001 --> 11:00:21,000 MR. CASEY: MR. PRESIDENT, I ASK 13426 11:00:21,001 --> 11:00:22,000 UNANIMOUS CONSENT THAT WHEN THE 13427 11:00:22,001 --> 11:00:24,000 SENATE COMPLETES ITS BUSINESS 13428 11:00:24,001 --> 11:00:27,000 TODAY, IT ADJOURNNTIL 13429 11:00:27,001 --> 11:00:29,000 9:30 A.M. FRIDAY, NOVEMBER 6. 13430 11:00:29,001 --> 11:00:30,000 THAT FOLLOWING THE PRAYER AND 13431 11:00:30,001 --> 11:00:31,000 PLEDGE, THE JOURNAL OF 13432 11:00:31,001 --> 11:00:33,000 PROCEEDINGS BE APPROVED TO DATE, 13433 11:00:33,001 --> 11:00:34,000 THE MORNING HOUR BE DEEMED 13434 11:00:34,001 --> 11:00:39,000 EXPIRED, THE TIME FOR THE TWO 13435 11:00:39,001 --> 11:00:40,000 LEADERS BE RESERVED FOR THE USE 13436 11:00:40,001 --> 11:00:42,000 LATER IN THE DAY AND THE SENATE 13437 11:00:42,001 --> 11:00:44,000 RESUME CONSIDERATION OF H.R. 13438 11:00:44,001 --> 11:00:46,000 3082, THEILITARY CONSTRUCTION 13439 11:00:46,001 --> 11:00:49,000 APPROPRIATIONS BILL. 13440 11:00:49,001 --> 11:00:50,000 THE PRESIDING OFFICER: WITHOUT OBJECTION. 13441 11:00:50,001 --> 11:00:52,000 MR. CASEY CON. MR. PRESIDENT, 13442 11:00:52,001 --> 11:00:53,000 WILL WILL BE NO ROLL CALL -- 13443 11:00:53,001 --> 11:00:54,000 MR. CASEY: MR. PRESIDENT, THERE 13444 11:00:54,001 --> 11:00:55,000 WILL BE NO ROLL CALL VOTES 13445 11:00:55,001 --> 11:00:56,000 DURING FRIDAY'S SESSION OF THE 13446 11:00:56,001 --> 11:00:57,000 SENATE. 13447 11:00:57,001 --> 11:00:58,000 AS PREVIOUSLY ANNOUNCED, THE 13448 11:00:58,001 --> 11:00:59,000 NEXT VOTE WILL OCCUR AT 13449 11:00:59,001 --> 11:01:00,000 APPROXIMATELY 5:30 P.M. MONDAY. 13450 11:01:00,001 --> 11:01:01,000 IF THERE'S NO FURTHER BUSINESS 13451 11:01:01,001 --> 11:01:04,000 TO COME BEFORE THE SENATE, I ASK 13452 11:01:04,001 --> 11:01:05,000 THAT IT ADJOURN UNDER THE 13453 11:01:05,001 --> 11:01:06,000 PREVIOUS ORDER. 13454 11:01:06,001 --> 11:01:08,000 THE PRESIDING OFFICER: THE 13455 11:01:08,001 --> 11:01:08,000 SENATE STANDS ADJOURNED UNTIL