Floor Statements

Mr. President, I rise today to express my opposition to the United States-India Agreement for Cooperation on Peaceful Uses of Nuclear Energy.

I do not feel any better about this agreement than I did when the Senate passed the Hyde Act back in November 2006. At that time, I strongly felt that the administration was giving up more than it was getting in return, and that India was essentially being rewarded for its continued failure to join the nonproliferation mainstream and sign the Non-Proliferation Treaty.

Today, I remain particularly concerned about two factors--the possibility that this deal will free up additional fissile material for India's nuclear weapons program and India's continued military cooperation with Iran.

While I am pleased that the Senate Foreign Relations Committee included language in the legislation requiring the President to certify that approving the agreement is consistent with our obligation under the Nuclear Non-Proliferation Treaty not to assist or encourage India to produce nuclear weapons I am afraid that this does not go far enough.

Some experts believe that this deal could allow India to vastly increase its production of nuclear weapons from an estimated 6 to 10 per year to several dozen a year, touching off an arms race in a region that is already facing significant security challenges.

I simply do not understand how the United States could champion a deal that rewards a country for producing nuclear weapons outside of the NPT at the same time we are trying so hard to get Iran and North Korea to give up their pursuit of illicit nuclear programs.

I also remain concerned about India's continued relationship with Iran, including its military relationship.

In 2006, Defense News reported that Iranian warships visited a port in the Indian city of Kochi to participate in a military training program. In 2007--nearly a year later--Defense News again reported on the military relationship between Iran and India, citing an agreement between the two nations to form a joint defense working group.

This continued military-to-military cooperation is particularly troublesome as Iran continues its reckless support of international terrorism and continues to enrich uranium in defiance of the United Nations Security Council--making the Middle East an infinitely more dangerous place.

Furthermore, Iran has supported Shiite militias in Baghdad who have in turn murdered American troops. It has also continued its support for Hezbollah and Hamas, and Iran's President has denied the Holocaust and threatened to ``wipe Israel off the map.''

Let me be clear--I value strong United States-India ties, and appreciate that it is in the United States interest that these ties are deepened.

But I regret that the Bush administration was unable to negotiate a better deal with India. Unfortunately the deal now before us has significant shortcomings that cannot be overlooked.

This is why I must vote against this bill today.

Madam President, I say thank you to the Americans whose outrage at the administration's original blank check bailout stopped that arrogant proposal in its tracks. We were all stunned. They and their allies were telling us the fundamentals of our economy were strong 2 weeks before we heard it was crashing. They had failed to use the powers Congress had given them to stop bad mortgages. Where was the oversight in their proposal? Where was the taxpayer equity? Where was the control over CEO pay? The answer back from Mr. Paulson on a phone call with dozens of Senators was: There would be no restrictions on this bailout. Well, count me out.

A far better plan then emerged from the Banking Committees, but for me it did not do enough.

I wrote to Mr. Paulson urging smaller installments; reforms. I pushed for direct investments or loans rather than toxic acid purchases. We didn't get it. But in this Senate legislation, we did get more FDIC protection for bank depositors, which is crucial to deterring an epidemic of bank closures, something that was at the heart of the Great Depression.

Broader FDIC protection will help small businesses that need certainty in meeting their payrolls. That is where working families come in. Most working families today can't miss even one

paycheck, given our high cost of living. We need to retain and create jobs, which is why I support another change in this legislation--$16 billion in incentives for job-producing renewable energy businesses. Plus, there are billions more in tax relief for businesses and individuals. We lost 84,000 jobs in August alone. We must act.

Another provision, originally written by Senators Wellstone and Domenici, will keep many families from going bankrupt by ensuring that mental health illness will be covered fairly. So this legislation before us is much improved, and I hope it will pass.

I wish to share what California treasurer Bill Lockyer says will happen if we do not act, but, first, Madam President, I ask unanimous consent to have printed in the Record a letter from Governor Schwarzenegger.

Madam President, our treasurer says we would not be able to sell voter-approved highway, school, and water bonds that are desperately needed for California's economy and for the creation of good-paying new jobs. He says they would not be able to get the credit.

California also desperately needs access to short-term borrowing from banks to finance our budget.

Now, how did we get here? There are a lot of people saying don't point fingers and don't talk about it. I am going to talk about it. It was deregulation fever. That is my opinion. It started in the 1980s, with lawmakers interfering with Federal regulators over the savings and loan crisis. It continued in 1995, when the Republicans took over and they wanted to place a moratorium on all new regulations.

That effort failed, but their success came in 1999, when Senator Phil Gramm and his allies tore down the firewalls that separated various financial institutions. And then the deregulation of the energy business. You all remember Enron and those traders--that is T-R-A-D-E- R-S--saying: Well, grandma can't pay the bill, isn't it funny?

Phil Gramm recently said we are a nation of whiners. I say his legacy is a disaster.

I believe, and I hope, this package will do what is needed to restore trust in the short term. For the long term, we need regulatory reform and change that will bring us job-producing investments in America, not in foreign lands. Remember, $10 billion a month is going to Iraq. We need those dollars here at home.

So I look forward to that work on behalf of my great State of California and this great Nation.

I yield the floor.

Mr. President, I rise to enter into a colloquy with my good friend Senator Baucus, the distinguished chairman of the Committee on Finance. I wish to address section 115 of the bill, which provides a tax credit for carbon dioxide sequestration. Specifically, in section 115 of the bill, new section 45Q(d)(2) of the code provides that the Secretary of the Treasury, in consultation with the Administrator of the Environmental Protection Agency, shall establish regulations for determining adequate security measures for the geological storage of carbon dioxide to qualify for the $20 per ton credit, such that the carbon dioxide does not escape into the atmosphere or affect underground sources of drinking water. Carbon dioxide sequestration in this provision includes storage at deep saline formations and unminable coal seems under such conditions as the Secretary may determine under these regulations. Is my understanding correct that the legislation is intended to require that EPA, in consultation with the Secretary of the Treasury regarding the carbon sequestration tax credit under this provision, will establish the

specific substantive environmental criteria and requirements for security and other measures for the geologic storage of carbon dioxide such that it does not escape into the atmosphere or affect underground sources of drinking water, and that the Secretary of the Treasury will then apply such criteria and requirements in establishing the requirements to qualify for the tax credit under this section?

Mr. President, I rise today to address the railroad safety legislation, H. Res. 1492 providing for agreement by the House of Representatives to the Senate amendment to the bill, H.R. 2095, with an amendment. First, I must emphasize the importance of strengthening our safeguards for railroads, to protect the lives and safety of our citizens. We have just been reminded of how critical it is for us to pay attention to this issue by the tragedy in my home State of California on September 12, 2008. On that day, a Metrolink train crashed head on into a Union Pacific freight train in Chatsworth, northwest of downtown Los Angeles, killing 25 people and injuring at least 135 in the most deadly commuter rail accident in modern California history, and one of the worst rail accidents in recent U.S. history. The families of all of those killed or injured in that accident are in our thoughts and our prayers.

I also would like to enter into a colloquy one aspect in this legislation, the provisions entitled the ``Clean Railroads Act of 2008,'' with my good friend, Senator Lautenberg, the distinguished chairman of the Commerce, Science, and Transportation Committee's Subcommittee on Surface Transportation and Merchant Marine Infrastructure, Safety, and Security, and the lead author of this legislation.

Mr. Chairman, this legislation makes clear that any solid waste rail transfer facility must comply with all applicable Federal and State requirements, both substantive and procedural, including judicial and administrative orders and fines, respecting the prevention and abatement of pollution, the protection and restoration of the environment, and the protection of public health and safety, including laws governing solid waste, to the same extent as required for any similar solid waste management facility, as defined under the Solid Waste Disposal Act, or SWDA, that is not owned or operated by or on behalf of a rail carrier. There is an exception in section 604 of this bill, which creates a new section 10909 of title 49 of the United States Code allowing the Surface Transportation Board to issue a land- use exemption for a solid waste rail transfer facility operated by or on behalf of a rail carrier if the Board finds that a State, local, or municipal requirement affecting the siting of such facility meets certain specific criteria.

For these purposes, the bill defines several terms, including ``commercial and retail waste,'' ``construction and demolition debris,'' ``household waste,'' ``industrial waste,'' ``institutional waste,'' ``municipal solid waste,'' and ``solid waste.'' The bill explicitly excludes hazardous waste regulated under subtitle C of the SWDA, mining or oil and gas waste from being covered under this law and leaves in place the structure under which these substances are currently regulated.

Mr. Chairman, is my understanding correct that, by clarifying that any solid waste rail transfer facility must comply with all applicable Federal and State requirements, both substantive and procedural, in the same manner as any other solid waste management facility as defined under the SWDA, and by expressly excluding such hazardous waste, and mining or oil and gas waste, from this law, that this legislation ensures that the Environmental Protection Agency's and States' authorities dealing with hazardous waste, mining or oil and gas wastes are not impacted by this law or by the jurisdiction of the Surface Transportation Board?

Mr. President, I want to take a moment to express my gratitude to Chairman Inouye and Senator Lautenberg for their support and efforts in working to pass this important piece of rail safety legislation, the Federal Railroad Safety Improvement Act.

As many of my colleagues know, southern California and the community of Chatsworth suffered the worst train collision in California's modern history last month when a Union Pacific freight train and a Metrolink commuter train collided head on during rush hour.

This tragedy claimed 25 lives, and injured 135 people, many of whom have sustained lifelong injuries.

Last month's deadly Metrolink accident made clear the urgent need to fix our rail system and ensure the safety of passengers.

While Senator Feinstein and I will continue to push for the rapid deployment of positive train control technology, this legislation includes important safety provisions that will immediately help improve rail safety and help prevent accidents.

I am pleased this legislation included grant funding for positive train control systems, anti-fatigue measures for train crews, increased penalties for violators, and grant funding for grade crossings.

In addition to these safety measures, this bill also provides much needed funding for Amtrak and authorizes more than $1.5 billion in grants to States to fund the construction of high-speed rail projects in designated corridors, including a California corridor.

This is an important piece of legislation and I thank my colleagues for their support. I urge the President to take action immediately to sign this bill into law.

Mr. President, I rise today to pay tribute to SGT Timothy J. Jacobsen, a soldier from my home State of California who paid the ultimate price in service to our country in Vietnam.

On September 23, 2008--more than 33 years since the end of the Vietnam war--the Department of Defense POW/Missing Personnel Office announced that the remains of SGT Jacobsen had been identified and would be returned to his family.

SGT Jacobsen grew up on a dairy ranch in Ferndale, CA--the fifth of eight children born to Margie and Kermit Jacobsen. When his father started his own cattle ranch, SGT Jacobsen spent much of his free time working alongside him. He also started riding bulls at an early age, and by the time he was 18, he had become Humboldt County's top-rated bull rider.

In 1967 SGT Jacobsen's older brother Skip was drafted by the Army and sent to Vietnam. Not long after Skip returned, SGT Jacobsen was drafted and left his family to serve as a doorgunner in the 101st Airborne Division of the United States Army.

On May 16, 1971, SGT Jacobsen was one of four United States soldiers and an unknown number of Republic of Vietnam marines aboard a helicopter on a combat assault mission near Hue, South Vietnam. As the helicopter touched down at the landing zone, it

came under heavy enemy ground fire. The pilot tried to lift off, but the damaged aircraft struck a tree line and exploded.

The remains of the four U.S. soldiers on board were not recovered at that time, and a year later, SGT Jacobsen was declared killed in action.

In 1994, recovery efforts were renewed when a joint U.S.-Socialist Republic of Vietnam team surveyed the crash site. Unfortunately, excavation of the site in 1995 did not uncover remains of the U.S. soldiers aboard the helicopter. However, in 2006, two re-burial sites associated with the incident were excavated, leading to the recovery of SGT Jacobsen's remains.

SGT Jacobsen was posthumously awarded the Purple Heart, commemorating his courage and extraordinary sacrifice in service to our country.

He will be buried on October 4 in Ferndale, CA. The Army offered SGT Jacobsen full burial honors in Arlington National Cemetery, but his family chose his final resting place close to home. Nothing can fully account for the loss suffered by SGT Jacobsen's family, and all those who loved him. But I hope this finally brings a sense of closure and peace.

As we remember SGT Jacobsen and honor his service to the United States we are also reminded of the nearly 1,800 service members who remain unaccounted for from the Vietnam war.

Men and women like Timothy J. Jacobsen from towns and cities across California, and across America, went off to fight in Vietnam. Many of them never came back. We will never forget the lives they led and the sacrifices they made. And we will never rest in our effort to bring each and every American who gave their life home to a Nation that honors their service, and a community that has never forgotten them.

Mr. President, I ask my colleagues to join me in honoring the lives of Shawn Blazer, Scott Charlson, Edrik Gomez, Matthew Hammer, Dan Packer, Andrew Jackson Palmer, Jim Ramage, Steven Renno, Bryan Rich, Roark Schwanenberg, and David Steele. These brave men lost their lives while working to protect Californians from devastating forest fires.

On August 5, 2008, seven firefighters and two helicopter pilots were tragically killed in a helicopter accident while bravely fighting the Iron Complex Fire in Trinity County. I would like to say a few words about each of these men:

Shawn Blazer of Medford, OR, had been working as a firefighter for 1 year and told his family and friends that he had ``discovered his calling.'' Shawn was dedicated to his family and had been caring for his mother when he died. He had a passion for photography, computer games and playing sports. He is remembered for his dedication and love for his friends and family.

Scott Charlson of Phoenix, OR, was a student at Southern Oregon University and worked as a firefighter during the summer to put himself through college. He had a passion for journalism, especially covering sporting events. His classmates recalled his ethics, excellence in reporting and kind and caring nature.

Edrik Gomez of Ashland, OR, was a student at Southern Oregon University, double majoring in communications and political science and was in his first year as a firefighter. Gomez was known as a leader with great compassion and for his lighthearted spirit, interest in politics and close bond with his family and friends.

Matthew Hammer of Grants Pass, OR, was a recent graduate from Corban College with a degree in business. He married his college sweetheart this summer and had planned on making 2008 his last fire season as a firefighter. He is remembered as an athletic, friendly, fun-loving person who excelled under pressure.

Jim Ramage of Redding, CA, was a helicopter pilot who served in the U.S. Army during the Vietnam war and had a distinguished career with the U.S. Forest Service and CAL Fire. Friends and family remember Jim's passion for aviation and protecting public safety. He is remembered for the bonds he created with his friends and the great love he had for his family.

Steven ``Caleb'' Renno of Cave Junction, OR, was a track and field coach for his alma mater, Illinois Valley High School, where he excelled in both track and cross country. After high school he attended Southern Oregon University and worked as a firefighter during summers. He will be remembered for his talent as a runner and as an avid traveler.

Bryan Rich of Central Point, OR, was a talented framing carpenter who recently began a career in firefighting. He loved spending time outdoors, playing sports and is remembered for his dedication to his family.

Roark Schwanenberg of Lostine, OR, was a U.S. Army trained helicopter pilot, who many of his colleagues consider one of the best helicopter pilots, with whom they have worked. He is remembered for his humor, great skill as a pilot, and love for his family and friends.

David Steele of Bend, OR, was a student at Central Oregon Community College and worked as a firefighter during the summer to pay for his education. He planned on becoming a career firefighter after graduating from both Fire Fighting and Emergency Medical Technician school. Friends and family remember his strong work ethic, love of his family and big heart.

We also mourn the loss of two other brave firefighters from the State of Washington who lost their lives battling California wildfires this summer:

Dan Packer of Sumner, WA, was the Chief of the East Piece Fire Department and past president of the Washington State Fire Chiefs. He had a passion for public safety and was known for his ability to relate to anyone. Chief Packer is remembered for his strong leadership abilities and dedication to his family. Chief Packer lost his life while battling the Panther Fire in Siskiyou County on July 26, 2008.

Andrew Jackson Palmer of Port Townsend, WA, was a 2008 graduate of Port Townsend High School where he was a standout athlete on the football team. Andy enjoyed playing a variety of sports and spending time with his friends and family. Andy's loved ones recall his kind heart, honesty and integrity. Andy tragically died while fighting the Iron Complex Fire in Trinity County on July 25, 2008.

These brave firefighters and pilots, like all those who fight fires across California, put their lives on the line to protect our communities. My heart goes out to their families and loved ones and my thoughts and prayers are with them. We are forever indebted to them for their courage, service and sacrifice.

Mr. President, I rise today to introduce an important piece of legislation--the Vietnam Human Rights Act.

Over the last several sessions of Congress, legislation addressing the human rights situation in Vietnam has been repeatedly introduced but has never been enacted into law.

Like many of my Senate colleagues, I had hoped that strengthening our relationship with Vietnam on the trade and economic front and supporting Vietnam's integration into the international community would dramatically improve Vietnam's human rights record.

But that has not turned out to be the case.

The United States has removed Vietnam from its list of Countries of Particular Concern, granted Vietnam permanent normalized trade relations, and supported Vietnam's bid to join the World Trade Organization, yet Vietnam continues to arrest its citizens for their peaceful advocacy of political views.

It also continues to strictly restrict religious freedom, to harass and detain labor activists, and to refuse its citizens the basic rights of freedom of association, assembly, and expression.

Just last year, Vietnam carried out one of its harshest crackdowns in 20 years against peaceful protestors calling for political change.

The crackdown, which continued through mid-2007, led to the arrest of hundreds of individuals, including Father Nguyen Van Ly, who was sentenced to 8 years in prison.

This crackdown happened shortly before the visit of Vietnamese President Nguyen Minh Triet to the United States last June.

At the end of 2007, the United States Commission on International Religious Freedom summed up Vietnam's recent behavior this way:

Vietnam's overall human rights record remains very poor and

deteriorated in the last year . . . Dozens of legal and

political reform advocates, free speech activists, labor

unionists, and independent religious leaders and religious

freedom advocates have been arrested, placed under home

detention or surveillance, threatened, intimidated, and

harassed.

Now we are witnessing yet another crackdown--this time on Catholic Church members in Hanoi who have been holding prayer vigils to demand the return of properties confiscated after the Communist government took power in the 1950s.

The Vietnamese government has responded to these protests through intimidation, violence, and arrest.

Just last week, Ben Stocking, the Bureau Chief for the Associated Press in Hanoi, was beaten by Vietnamese security forces for photographing one such vigil. It is time for such behavior to stop.

The Boxer bill seeks to improve human rights in Vietnam by shifting the focus of U.S. non-humanitarian foreign aid to a comprehensive approach that does more to address human rights.

The bill specifically requires that any spending increase for U.S. non-humanitarian development, economic, trade, and security assistance to Vietnam be matched by additional funding for programs focusing on human rights, the rule of law, and democracy promotion.

To date, the majority of non-humanitarian U.S. assistance programs to Vietnam have focused on business, trade, and security, and have not effectively addressed human rights abuses.

In addition, the bill outlines objectives for U.S. diplomacy with Vietnam on human rights related issues and encourages Vietnam to release its religious and political prisoners.

The Boxer bill also prohibits Vietnam from having access to the U.S. Generalized System of Preferences, GSP, program until Vietnam improves its labor standards. The GSP program allows developing countries to import certain items into the U.S. duty-free.

While the 110th Congress will shortly come to an end, I wanted to introduce this legislation as a signal to the Vietnamese government that its record on human rights and recent behavior has not gone unnoticed. I intend to reintroduce this legislation very early in the 111th Congress.

Let me be clear. I support a strong bilateral relationship between Vietnam and the United States. But the Vietnamese government must dramatically improve its human rights record in order for our relationship to grow.

Mr. President, I rise today to introduce an important piece of legislation--the Vietnam Human Rights Act.

Over the last several sessions of Congress, legislation addressing the human rights situation in Vietnam has been repeatedly introduced but has never been enacted into law.

Like many of my Senate colleagues, I had hoped that strengthening our relationship with Vietnam on the trade and economic front and supporting Vietnam's integration into the international community would dramatically improve Vietnam's human rights record.

But that has not turned out to be the case.

The United States has removed Vietnam from its list of Countries of Particular Concern, granted Vietnam permanent normalized trade relations, and supported Vietnam's bid to join the World Trade Organization, yet Vietnam continues to arrest its citizens for their peaceful advocacy of political views.

It also continues to strictly restrict religious freedom, to harass and detain labor activists, and to refuse its citizens the basic rights of freedom of association, assembly, and expression.

Just last year, Vietnam carried out one of its harshest crackdowns in 20 years against peaceful protestors calling for political change.

The crackdown, which continued through mid-2007, led to the arrest of hundreds of individuals, including Father Nguyen Van Ly, who was sentenced to 8 years in prison.

This crackdown happened shortly before the visit of Vietnamese President Nguyen Minh Triet to the United States last June.

At the end of 2007, the United States Commission on International Religious Freedom summed up Vietnam's recent behavior this way:

Vietnam's overall human rights record remains very poor and

deteriorated in the last year . . . Dozens of legal and

political reform advocates, free speech activists, labor

unionists, and independent religious leaders and religious

freedom advocates have been arrested, placed under home

detention or surveillance, threatened, intimidated, and

harassed.

Now we are witnessing yet another crackdown--this time on Catholic Church members in Hanoi who have been holding prayer vigils to demand the return of properties confiscated after the Communist government took power in the 1950s.

The Vietnamese government has responded to these protests through intimidation, violence, and arrest.

Just last week, Ben Stocking, the Bureau Chief for the Associated Press in Hanoi, was beaten by Vietnamese security forces for photographing one such vigil. It is time for such behavior to stop.

The Boxer bill seeks to improve human rights in Vietnam by shifting the focus of U.S. non-humanitarian foreign aid to a comprehensive approach that does more to address human rights.

The bill specifically requires that any spending increase for U.S. non-humanitarian development, economic, trade, and security assistance to Vietnam be matched by additional funding for programs focusing on human rights, the rule of law, and democracy promotion.

To date, the majority of non-humanitarian U.S. assistance programs to Vietnam have focused on business, trade, and security, and have not effectively addressed human rights abuses.

In addition, the bill outlines objectives for U.S. diplomacy with Vietnam on human rights related issues and encourages Vietnam to release its religious and political prisoners.

The Boxer bill also prohibits Vietnam from having access to the U.S. Generalized System of Preferences, GSP, program until Vietnam improves its labor standards. The GSP program allows developing countries to import certain items into the U.S. duty-free.

While the 110th Congress will shortly come to an end, I wanted to introduce this legislation as a signal to the Vietnamese government that its record on human rights and recent behavior has not gone unnoticed. I intend to reintroduce this legislation very early in the 111th Congress.

Let me be clear. I support a strong bilateral relationship between Vietnam and the United States. But the Vietnamese government must dramatically improve its human rights record in order for our relationship to grow.

Mr. President, I want to say to Senator Mikulski how much I appreciate her words of passion, of leadership. I think she laid it out for the American people. We are on their side. We want to make sure we address their concerns.

The fact is, it looked as though we had a framework, I say to my friend, that was workable. The fact is, we had brought together people from both sides. Sadly, that was all disrupted when Presidential politics got involved.

Now, I want to say something from the heart. I know all of my colleagues agree with what I say. On an issue such as this one, which is kind of a once-in-a-lifetime--we certainly hope for us--issue, where we are in a crisis situation, where we are being told by the President's men who have not handled this economy with any, in my opinion, skill at this moment in time, it is one of those votes that is going to be a vote of conscience for each of us. It is going to be a vote we think about. A lot of us are already losing sleep about this subject. This is tough stuff. And no Presidential candidate is going to tell me how to vote--with all due respect to John McCain--whether he flies in or flies out or whatever he does. This Senator, and, frankly, I think Senators--Republicans, Democrats, Independents--each Senator will vote their constituents' interests, what they think is best for their families, for the small businesses, to keep the economy going, what is right for taxpayers, what is right to get to the root cause of the problem.

I want to say that as far as I am concerned, frankly, Senator McCain has one vote, and so do I. My vote will be my vote and no one else is going to tell me how to vote for my people. I felt that passion in my friend's remarks. It is very sad that we have lost the momentum that she talked about. But I believe we will get it back.

I know our chairman of the Banking Committee, Chris Dodd, has an open door. I know he is waiting for the Republicans to walk back in and say: Let's get to work across party lines. We hope they will do that.

Unanimous Consent Request--H.R. 3999

Mr. President, on behalf of Senator Klobuchar and myself, I ask unanimous consent to move a bill that would be very important for this economy that we know is suffering, very important for jobs, and very important to save lives. It is a bill that would immediately make $1 billion available to rebuild our Nation's bridges.

It passed out of the Environment and Public Works Committee, and it passed the full House of Representatives. Why? Because we do not want to see another bridge go down in Minnesota or any other place. Yes, we believe it is important to move in this direction to save lives, to rebuild our infrastructure, and to create jobs.

I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 1050, H.R. 3999; that the bill be read a third time and passed, and the motion to reconsider be laid upon the table, with no intervening action or debate.

Mr. President, I am very disturbed and disheartened that our Republican friends would object to such a bill at such a time. During rush hour on August 1, 2007, the I-35 West bridge in Minneapolis collapsed, sending dozens of cars into the Mississippi River. This tragedy, which every American remembers well, claimed the lives of 13 people.

Just to see that bridge go down broke your heart. It served, though, as a wake-up call--at least we thought it did--that we cannot neglect our Nation's crumbling infrastructure. Half of all the bridges in this country were built before 1964, the average age of a bridge in the national bridge inventory is 43 years old, and 26 percent of our bridges are deficient. Yet the Republicans will not allow this bipartisan bill to go through. It shouldn't take a tragedy such as the one in Minneapolis to remind us that the safety of our bridges and highways and other infrastructure can be a matter of life and death.

Senator Klobuchar and Chairman Oberstar have worked to address these problems. That bill I asked unanimous consent to pass today, the National Highway Bridge Reconstruction and Inspection Act of 2008, will begin those repairs.

I beg my Republican friends to wake up and smell the roses. A bridge collapsed. We need to rebuild our bridges and put people to work to do it. If we have enough money to rebuild Iraq, we ought to have enough money to rebuild bridges in this country that are a danger to our people.

The I-35 tragedy claimed the lives of 13 people. It has also served as an urgent wake-up call that we cannot neglect our Nation's crumbling infrastructure.

The National Transportation Safety Board has not yet issued the results of

its investigation into the Minnesota bridge collapse, but we do know that additional resources are needed to repair and replace aging bridges and highways across our Nation.

Half of all bridges in this country were built before 1964, and the average age of a bridge in the National Bridge Inventory is 43 years old.

Of approximately 600,000 bridges nationwide, about 26 percent are considered deficient.

This means we need to make significant investments just to maintain our bridges at safe functioning levels, followed by even larger investments over the next 20 to 30 years to completely replace aging bridges.

It should not take a tragedy like the one in Minneapolis to remind us that the safety of our bridges, highways, and other infrastructure can be a matter of life and death.

Senator Klobuchar and Chairman Oberstar have worked together to address problems with our Nation's bridges by introducing legislation entitled, the National Highway Bridge Reconstruction and Inspection Act of 2008.

The House version of this legislation, H.R. 3999, was approved by an overwhelming bipartisan vote of 357 to 55 in the House of Representatives on July 24 and was approved the Senate Committee on Environment and Public Works by voice vote on September 17.

This legislation makes changes to the requirements set forth in the Highway Bridge Program, while authorizing a one-time additional $1 billion for bridge repair and replacement.

One key provision in this legislation is a requirement for the Department of Transportation to develop a national risk-based priority system for the repair, rehabilitation or replacement of each structurally deficient or functionally obsolete bridge.

We have great challenges before us. But at the end of the day it is a matter of setting priorities.

If we are going to keep our people safe and our economy strong and healthy, we need to make a serious investment in our transportation infrastructure.

I ask unanimous consent to have the following letters of support printed in the Record.

I thank Senator Baucus, for joining me to discuss the Senate Finance Committee's substitute amendment to H.R. 6409.

The Senator is correct. Throughout the summer a swarm of dry lightning storms sparked more than 2,000 fires across drought- ridden land in California, burning over 900,000 acres of public and private land. These fires damaged and destroyed homes and businesses across the State.

As the Senator knows, his bill makes taxpayers in ``federally declared disaster'' areas under the Robert T. Stafford Disaster Relief and Emergency Assistance Act eligible for certain tax relief provisions.

Under the Stafford Act, the President has the ability to designate a disaster area under a ``major disaster declaration'' or an ``Emergency Declaration.'' Areas affected by wildfires in California this year were provided an ``Emergency Declaration'' by the President.

In the matter of what ``federally declared disaster'' areas are eligible under the bill on the floor, the Senator's Finance Committee staff and the Congressional Research Service have indicated that both categories of disaster declaration have historically been eligible for disaster tax relief purposes.

Is it the Senator's understanding that the term ``federally declared disaster'' includes both categories of disaster declarations, and that Californians affected by the 2008 wildfires are eligible under division B, title VII, subtitle B, sections 706-711 of the substitute to H.R. 6409?

I thank the Senator.

I ask for the yeas and nays.

Mr. President, I take this opportunity to honor the memory of a dedicated attorney, community leader, and wonderful person, Robert ``Bob'' McCarthy. Bob passed away on September 4, 2004. He was 61 years old.

Born in New York City on December 31, 1946, Bob McCarthy spent his childhood in the city, where he attended Regis High School in Manhattan. Following his graduation in 1965, Bob attended Santa Clara University, where he was a Presidential honors scholar and editor-in- chief of the school newspaper. In 1969, Bob received a B.A. cum laude in political science in 1969. While attending the university, Bob met his future wife, Suzanne Bazzano, the office manager at the school newspaper. They married in 1970 and had five children.

Following a stint in Chicago, where he earned his law degree from the University of Chicago Law School, Bob and Suzanne moved to San Francisco, Suzanne's hometown. Bob pursued a career in law, working in the San Francisco office of the district attorney for 4 years, serving as chief deputy district attorney. In 1980, Bob started his own general law practice with his friend Lester Schwartz.

Throughout his career, Bob found the time to pursue his love and passion for politics. He served as general counsel for the California Democratic Party from 1983-1990, and held a number of trustee positions within the Democratic Senatorial Campaign Committee, including National Finance cochair. He also served as a close adviser and cochair of my own Senate campaign, and has also advised a number of other elected officials in California. Bob was also well-known for the election day lunches that he hosted every year, a tradition among Bay Area dignitaries that wasn't to be missed.

In addition to the long hours Bob put in as an attorney, Bob carved out time to give back to his community. He was appointed by President Bill Clinton to the Woodrow Wilson Center Board of Trustees; served as a guest lecturer at Hastings College of Law in San Francisco, the University of California at Berkeley, and Peking University in Beijing, China; sat on the board of St. Mary's Hospital; was a regent of St. Ignatius College Preparatory; and was also made a member of the Knights of the Equestrian Order of the Holy Sepulchre of Jerusalem by Pope John Paul II.

Bob is survived by his mother, Dorothy McCarthy; his wife, Suzanne; his sons Brendan, Matthew, Ryan, and Bobby; and daughter, Margaret. I extend my deepest sympathies to his family.

Bob McCarthy was a deeply loved community leader, both in the Bay Area and throughout the State of California, and he will be missed by all who knew him. Let us take comfort in knowing that his dedication and love for his family, friends, and community have made this world a better place to live.

Mr. President, before the hour of 2:30, I ask unanimous consent to be recognized for 5 minutes.

I also ask unanimous consent that the Republican leader's time begin 5 minutes after I begin.

Mr. President, I rise to address the Senate not only as a Senator from the largest State in the Union, a State that is experiencing many problems that started with the housing crisis about which we talked a long time ago, before the Fed stepped in and did something, but I also rise as an economics major. I received my degree in economics. My minor was political science. I was a stockbroker a long time ago on Wall Street. I know a little bit about Wall Street, and I know a little bit about the times we are in right now. I worked on Wall Street when John Kennedy was assassinated. It was a horrible time. Confidence was shattered. The stock market actually closed down for a period. Now we are facing a meltdown. The fact is, we are all going to work and hope that it doesn't melt all the way down.

On the day that we learn about Merrill Lynch, which was the gold standard of brokerage houses, and AIG, what I understand is the largest insurance company in America, when we hear about that and about Lehman Brothers, which we also hope can survive in some form via purchase--and certainly we know thousands of people have lost everything--to hear a U.S. Senator--namely, Senator McCain--say the fundamentals of this economy are strong sends cold shivers up and down my spine. To think that anyone would say that, one would have to go back to the days of Herbert Hoover, President of the United States, the day after the market crashed in 1929 and we entered the Great Depression. He said:

The fundamental business of the country, that is production

and distribution of commodities, is on a sound and prosperous

basis.

We have Senator McCain memorializing this attitude and these words.

I wish to spend the rest of my time going through the fundamentals of this economy. I will come back and speak later when I have a little more time to expand.

In 1999, the average American family spent $3,261 on cost-of-living expenses; in 2007, $7,585. The average household earned less in 2006 than they did in 2000. Incomes are going down. Expenses are going up-- groceries, heating, gas, health care. The fundamentals of our economy are strong? As Senator Obama said: What economy? Not this economy. The average household earned less in 2006 than they did in 2000. Job growth during this administration has been the slowest since Herbert Hoover in 1929, the Great Depression. Our economy has lost jobs for 8 straight months; 84,000 jobs were lost last month. The fundamentals of this economy are strong? What?

One in five Americans is unemployed for more than 26 weeks, an increase of

8.2 percent over 2001. Americans living in poverty increased by 5.7 million since 2000, and 37 million Americans live in poverty. The fundamentals of this economy are strong? Spare me.

Existing home sales fell by 22 percent in 2007. President Bush inherited a surplus. We now have an enormous deficit. The debt has increased over $4 trillion since 2001. We are spending $10 billion a month in Iraq. The money is leaving the country. We are not making the investment. The fundamentals of this economy are strong?

Every American, I don't care what party--Republican, Democratic, Independent--should be up in arms about a leader looking at these figures. I have only given a little of the story. Let's get real. The fundamentals of this economy are weak. The people are anxious, and they should be. It is time for change.

I yield the floor.

I suggest the absence of a quorum.

Mr. President, today I take this opportunity to recognize October as Domestic Violence Awareness Month, DVAM, and to recognize the fine work of STAND! Against Domestic Violence.

I am proud to be an original cosponsor of the bill to designate October as ``National Domestic Violence Awareness Month.'' I strongly support the motivation behind DVAM and I have worked to end domestic violence as long as I have been a Member of Congress. I authored the Violence Against Women Act, VAWA, while in the House of Representatives, and helped get it passed and signed into law after being elected to the Senate. VAWA toughened laws against perpetrators and continues to provide funding for campus safety, battered women's shelters, and training programs for law enforcement to identify and better understand cases of domestic violence. I am also proud to have introduced the Domestic Violence Identification and Referral Act to provide funding to schools for health professionals who work to prevent domestic violence.

Domestic violence can strike anyone, regardless of race, age, sexual orientation, religion, socioeconomic status or education level. Particularly tragic is the impact domestic violence has on children-- physically, emotionally, and mentally. This violence witnessed in the home is often acted out in schools and communities. This negative cycle of violence has far-reaching impacts and I believe we must work together to prevent such violence from occurring in the first place.

I commend the tireless efforts of those who work everyday to end this violence. For over 30 years, STAND! has provided domestic violence services to families and individuals throughout Contra Costa County. Through their work, STAND! strives to end domestic violence by raising awareness through education so that individuals will become advocates, and by providing support services to those survivors of domestic violence.

As we prepare to enter Domestic Violence Awareness Month, I ask my colleagues to join me and STAND! in remembering the victims of domestic violence. I am inspired by those women who have survived domestic violence. And I mourn those who have not survived. In their memory, I will fight against domestic violence and work to empower women as long as I am in the U.S. Senate.

Mr. President, I take this opportunity to recognize Sea Otter Awareness Week 2008.

Established in 2003 by the national nonprofit organization Defenders of Wildlife, Sea Otter Awareness Week is an annual event that aims to teach the public about the vital role that sea otters play in our marine ecosystem. Acknowledged each year by numerous nonprofit organizations, educational institutions, and local, State, and Federal elected officials, Sea Otter Awareness Week helps to protect this sentinel species and its habitat.

Historically, sea otters once numbered in the hundreds of thousands and thrived along the 6,000 miles of Pacific coastline from northern Japan, through the Aleutian Islands of Alaska, down the coast of California, and into Baja California in Mexico. Sadly, because of their thick fur, sea otters were hunted to the point of near extinction throughout the 19th and 20th centuries. Thanks to an international ban on hunting, conservation efforts, and reintroduction programs, the sea otter population is on its way to recovery, though it has been a slow process.

The health and well-being of our sea otter population is indicative of the overall health and well-being of the Pacific Coast marine ecosystems as a whole. We must do all we can to protect our coastal ecosystem and foster the survival of sentinel species such as the sea otter. To ensure a healthy coast and ocean, I am proud to have reintroduced my National Oceans Protection Act, which provides a comprehensive approach to ocean management and protection, ensuring that Americans can enjoy the beauty and majesty of our oceans for generations to come.

I commend Defenders of Wildlife and all those involved in Sea Otter Awareness Week for their dedication to raising awareness about the tremendously important role that sea otters have in our coastal ecosystem. I am inspired by their work and I applaud them for their perseverance in protecting the health of our oceans and marine life. Their commitment means a brighter future for us all.

Mr. President, I am pleased and honored to pay tribute to Stuart Pollack for his many years of service to the Hebrew Free Loan Association based in San Francisco, CA.

Stuart graduated as valedictorian from Lowell High School in San Francisco in 1955. He went on to attend Stanford University for his undergraduate degree and graduated from Harvard Law School magna cum laude in 1962. In his first year out of law school, Stuart would serve as a law clerk to Chief Justice Earl Warren and to Justices Stanley Reed and Harold Burton. Following his work as a law clerk, Stuart moved on to the U.S. Department of Justice, Criminal Division; Special Assistant to Assistant Attorney General.

After finishing his position with the Department of Justice, Stuart went into private practice at Howard Rice Nemerovski Canady & Pollak where he served as partner for 14 years before becoming a judge on the San Francisco Superior Court, a position he held through 2002. Continuing with a long list of legal accomplishments, Stuart currently serves as an associate justice on the California Court of Appeals, Division Three. Even with his demanding schedule as an associate justice, Stuart has consistently made time for Hebrew Free Loan Association and other organizations in which he has a leadership role: Jewish Community Relations Council, the Jewish Community Federation, New Israel Fund, America-Israel Friendship League and Congregation Sherith Israel.

I commend the mission of Hebrew Free Loan Association and am thrilled by the positive impact it has on the lives of those who receive its assistance. Over the last 110 years, Hebrew Free Loan Association has provided interest-free loans to people in need; assistance in the form of a loan rather than a hand out. Stuart's many years of dedicated involvement with Hebrew Free Loan Association, including his 2 years as president, has allowed many from the San Francisco Bay Area Jewish community to realize their dreams.

After nearly 30 years of continuing service to Hebrew Free Loan Association, I remain in admiration of Stuart's strong sense of civic duty. Along with hundreds of his friends and admirers throughout the San Francisco Bay area, I wish him many more years of continued community involvement and leadership.

Mr. President, I ask my colleagues to join me in honoring the memory of a dedicated law enforcement officer, Sergeant Paul Starzyk of the city of Martinez Police Department. For the past 12 years, Sergeant Starzyk worked tirelessly to provide the citizens of Martinez with safety and service. On September 6, 2008, Sergeant Starzyk was tragically killed in the line of duty.

Sergeant Starzyk, an Antioch resident, worked as a banker and at a local soup kitchen before he became active in law enforcement. He was hired by the city of Martinez Police Department as a reserve officer in 1992 and became a police office in December 1994. After a brief period with the Pleasant Hill Police Department, Sergeant Starzyk came back to the Martinez Police Department in April 1997 and was promoted to sergeant in December 2007.

A member of the Central Contra Costa Narcotics Enforcement Team

and a former SWAT team leader, Sergeant Starzyk was renowned for his leadership skills among fellow officers. Throughout his career, Sergeant Starzyk demonstrated a passion for law enforcement and commitment to helping others, qualities that enabled him to become a respected and model member of the Martinez Police Department. Sergeant Starzyk's colleagues will always remember him for his professionalism and devotion to serving the public.

Sergeant Starzyk was a loving husband, proud father, and devoted friend. He is survived by his wife Shannon, a Contra Costa County sheriff's deputy, and three young children. Sergeant Starzyk served the city of Martinez with honor and dignity, and his contributions to his community and the many lives that he touched will serve as a shining example of his legacy.

We will always be grateful for Sergeant Starzyk's service and the valor that he displayed while serving and protecting the people of Martinez.