Floor Statements

Mr. President, today the Supreme Court correctly struck down the vast majority of the mean-spirited Arizona law; that is, of course, the immigration law. While I agree with the Court's decision to invalidate three troubling provisions of Arizona's flawed law, there are actually four provisions. Three were declared unconstitutional, one was upheld.

I am concerned about the section they upheld. I am surprised they did, but they did. The Justices upheld a measure that allows police to conduct immigration checks on anyone they suspect of being in the country illegally, even if their only evidence is an accent or maybe the color of their skin.

Allowing Arizona to keep its ``papers please'' system of immigration checks invites racial profiling. It gives Arizona officials free rein to detain anyone they suspect of being in Arizona without documentation.

As long as this provision remains, innocent American citizens are in danger of being detained by police unless they carry immigration papers with them at all times. However, it is reassuring that the Court left the door open to further court challenges of this unsound provision. I say to the Presiding Officer and to anyone within the sound of my voice, someone with my skin color or yours, I do not think we are going to be carrying our immigration papers with us everyplace we go.

But if someone is in Arizona and speaks with a little bit of an accent or their skin color is brown, they better have their papers with them. That is unfortunate. It is reassuring that the Court, though, left the door open to further court challenges of this very unsound provision. I am optimistic that once that portion of the law is implemented, it will be discarded.

Laws that legalize discrimination are not compatible with laws and traditions of equal rights. So it is disturbing that Mitt Romney has called the unconstitutional Arizona law a model for immigration reform. Anyone who thinks such an unconstitutional law should serve as a model for national reform is clearly outside the mainstream.

The U.S. Supreme Court agreed with that today. Today's partial victory affirms the Obama administration was right to challenge this awful law, and it is a reminder that the ultimate responsibility for fixing our Nation's broken immigration system rests with Congress.

Instead of allowing 50 States to have 50 different enforcement mechanisms,

we need a national solution that continues to secure the border, punishes unscrupulous employers that exploit immigrants and undercut American wages, improves our dysfunctional legal immigration system, and requires the 11 million people who are undocumented to register with the government, pay fines and taxes, learn English, work, stay out of trouble, and go to the end of the line to legalize their status.

Democrats are ready for this challenge. We have been willing to craft a commonsense legal solution for a long time, one that is fair, tough, and practical. As I have indicated, we have been ready to do this for years. We have tried on a few occasions. The problem now and has been, Republicans will not vote for immigration reform--simple as that. We have tried.

The first step would be to pass the DREAM Act, which would create a pathway to citizenship for children brought to the country through no fault of their own. If upstanding young people stay out of trouble, work hard in high school, they should have a chance to serve their country in the military, go to college, and work toward citizenship.

Unfortunately, Mitt Romney said he would veto that, the DREAM Act. President Obama, on the other hand, took decisive action in halting deportation of the DREAMers. His directive will protect 800,000 young people and focus law enforcement resources where they belong, on deporting criminals.

As we all know, though, this is not a permanent solution. But President Obama's decision to defer these deportations was necessary precisely because Republicans have so far refused to work with Democrats on a solution. Congress must consider a long-term resolution to protect the DREAMers and tackle comprehensive immigration reform that addresses all 11 million undocumented people living in this country.

But that will take cooperation from my Republican colleagues. That has not been forthcoming. This week, we have a lot to accomplish, and getting it all done before the July 4 holiday will also take cooperation. By Friday, the Senate must pass flood insurance that will allow millions of Americans to close on new homes or new properties. We must send to the President a bill to ease drug shortages. That is the FDA bill. We need to protect 3 millions jobs with an agreement on transportation legislation, and the deadline to stop student loan rates from doubling for 7 million students looms at the end of this week as well.

I am putting my colleagues on notice that the Senate will stay as long as we have to, into the weekend if necessary, to complete this substantial workload. We hope there will be cooperation not only in this body but also in the House of Representatives. I alert everyone, we have a lot to do--extremely important pieces of legislation. We have to complete them before we leave this week.

Mr. President, I suggest the absence of a quorum.

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

Mr. President, I ask unanimous consent that the remaining time postcloture be yielded back and the Senate adopt the motion to proceed to S. 1940.

Mr. President, I was coming here today to propound a unanimous consent request on this most important piece of legislation dealing with flood insurance, but after having had some discussions with various people, at this time it would not be of any benefit. There is no need for me to stand and ask unanimous consent when I know it is not going to go anyplace.

So we are going to move this forward a little bit, and hopefully with this we can move toward completing this bill at a very early time.

Amendment No. 2468

(Purpose: In the nature of a substitute.)

Mr. President, on behalf of Senator Johnson of South Dakota and Senator Shelby, I have a substitute amendment at the desk.

Mr. President, I ask for the yeas and nays on that amendment.

Mr. President, on behalf of Senator Pryor, there is a first-degree amendment at the desk.

I ask for the yeas and nays on that amendment.

Mr. President, I have a second-degree amendment, which is also at the desk.

Mr. President, I have an amendment at the desk to the language proposed to be stricken.

I ask for the yeas and nays.

Mr. President, I have a second-degree amendment at the desk.

Mr. President, I have a motion to recommit the bill with instructions, which is also at the desk.

I ask for the yeas and nays on that motion.

Mr. President, I have an amendment to the instructions at the desk.

I ask for the yeas and nays.

Mr. President, I have a second-degree amendment at the desk.

Mr. President, I now move to proceed to Calendar No. 341,

Mr. President, I now move to proceed to Calendar No. 250,

Mr. President, following leader remarks, the time until 11 this morning will be equally divided and controlled. At 11 o'clock a.m., we will begin up to 10 rollcall votes. We will complete the farm bill today in the early afternoon. We also hope to have a cloture vote on the motion to proceed to the flood insurance bill today.

Working Together

Mr. President, we come here and lament all the bad things happening in the Senate. It is not out of order once in a while to talk about some of the good things happening in the Senate. I think we should look at it as if, as difficult as it has been to get things done, we are making progress. We had that postal bill, which was good work on behalf of the Senate. The highway bill worked out extremely well. We have this 5-year farm bill--very difficult, but it is now near passing, which is good for the country.

We have to make sure before the end of the month we finish our work on the Flood Insurance Program, which is so extremely important to the country. With the construction picking up a little bit everyplace, we have to make sure when a loan is to close it can be

closed. Thousands of them each day cannot be closed unless we do a renewal of the Flood Insurance Program.

I had a meeting with the Speaker on Tuesday, with Senator Boxer, chairman of the committee, Chairman Mica, her counterpart in the House, and Senator Inhofe, and we are making progress on the highway bill. I feel good about that. Whether we get it done remains to be seen. But the House, in an overwhelming vote yesterday--totally bipartisan or they could not get the 384 votes--instructed the conferees to come back with the bill by tomorrow. Contentious issues have been resolved, and I believe we have a shot at getting the highway bill done. That would be good for the country and good for the Senate.

So I appreciate everyone working together. As the Republican leader and I have talked, as difficult as it is to work out agreements on the bills I have just mentioned--including the farm bill--it is good for the Senate.

I appeared before a committee chaired by Senator Carper, and there as the ranking member was Senator Collins. They both indicated today before everybody that the spirit on the Senate floor was good yesterday.

That is because everyone can feel we are accomplishing something. Some of the votes were difficult, and some we all wish we had not taken because they were tough votes. But that is what the Senate is all about. So I feel comfortable with the last bit, that we are trying to work together for the good of the country.

I have said lots of times, if we are able to accomplish good as a body, everyone can take credit for it. We can go back to our States and claim we are part of a victory for the country. But if we do not get it done, we are part of the blame and people can go home and lament the fact that we have not been able to get our work done. People point fingers at us: Why can't you get more done?

So, hopefully, this summer, which started yesterday--in fact, today is the longest day of the year--will bring good tidings to the Senate.

Recognition of the Minority Leader

Madam President, there is nothing pending now on the Senate floor other than the farm bill?

We are in between votes; is that correct?

Madam President, I ask unanimous consent that upon disposition of S. 3240, which is the farm bill, the Senate proceed to the cloture vote on the motion to proceed to Calendar No. 250, S. 1940, which is the flood insurance bill; further, if cloture is invoked on the motion to proceed, notwithstanding cloture having been invoked, it be in order for the majority leader to lay before the body the House message with respect to S. 3187.

Madam President, the Republican leader and I have spoken privately. We would be remiss if we did not say something to the entire Senate about how we feel about this bill and the leadership that was shown by these two fine Senators. Also behind the scenes--we know how hard they worked to get where we are--we have had such good staff involved. These staff people are not fighting with each other. They have causes they are trying to protect for their Members but they do it in a way that is cordial. There has been nothing but courtesy shown for weeks.

I have managed quite a few bills in my day. This is a difficult bill to have in the position we have it in now. I hope our friends in the House see what we have done. We are working together. I know they can. I cannot say enough--although I will try--to applaud and compliment Senator Stabenow and Senator Roberts. They are both my friends but my view of them has risen appreciably in their legislative methods of getting this done.

They have done it on their own. Senator McConnell and I have done what we can, but we have been bystanders to much that has gone on. It has been the work of these two fine Senators and the cooperation of every Member. I am grateful we are at the point where we are today--2 o'clock. We are going to be able to finish this bill and it is 2 o'clock in the afternoon, not in the morning.

I move to lay that motion upon the table.

The motion to lay on the table was agreed to.

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

Mr. President, I ask the Chair to lay before the Senate a message from the House with respect to S. 3187.

Mr. President, I now move to concur in the House amendment to S. 3187, and ask for the yeas and nays on my motion.

I have a cloture motion at the desk.

I move to concur in the House amendment to S. 3187 with an amendment.

I now ask for the yeas and nays.

I now have a second-degree amendment at the desk I wish to be reported.

I have a motion to refer the House message to the Health, Education, Labor, and Pensions Committee with instructions to report back forthwith, with an amendment.

Mr. President, I ask for the yeas and nays.

I have an amendment to my instructions that is also at the desk.

I ask for the yeas and nays.

I have a second-degree amendment to my instructions that are at the desk.

Mr. President, I now ask unanimous consent that the mandatory quorum under rule XXII be waived with respect to the cloture motion that has just been filed.

Mr. President, I ask unanimous consent that the Senate now proceed to a period of morning business and that Senators be allowed to speak for up to 10 minutes each.

Mr. President, I ask unanimous consent that on Monday, June

25, at a time to be determined by the majority leader, after consultation with the Republican leader, but no later than 5:30 p.m., the motion to proceed to S. 1940 be agreed to.

Mr. President, I ask unanimous consent that notwithstanding rule XXII, on Tuesday, June 26, 2012, at 11:30 a.m., the Senate proceed to executive session to consider the following nomination: Calendar No. 652; that there be 30 minutes for debate equally divided in the usual form; that upon the use or yielding back of time, the Senate proceed to vote without intervening action or debate on the nomination; that the motion to reconsider be considered made and laid upon the table, with no intervening action or debate; that no further motions to be in order; that any related statements be printed in the Record; and that President Obama be immediately notified of the Senate's action and the Senate then resume legislative session.

Mr. President, I ask unanimous consent that the Senate proceed to executive session to consider the following nominations: Calendar Nos. 779, 780, 781, 782, 783, 784, 785, 786, 787, 788, 789, 790, 791, 792, 793, 794, 795, 796, 797, 798, 799, 800, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813, 814, 815, 816, 817, and all nominations placed on the Secretary's desk in the Air Force, Army, Foreign Service, Marine Corps, and Navy; that the nominations be confirmed en bloc; that the motions to reconsider be made and laid upon the table with no intervening action or debate; that no further motions be in order to any of the nominations; that any related statements be printed in the Record; that President Obama be immediately notified of the Senate's action; and that the Senate then resume legislative session.

Mr. President, I now ask unanimous consent that the Banking Committee be discharged from further consideration of H.R. 33.

I ask unanimous consent that the bill be read a third time and passed, the motion to reconsider be laid upon the table, with no intervening action or debate, and that any statements be printed in the Record.

I now ask unanimous consent that the Judiciary Committee be discharged from further consideration of and the Senate proceed to S. Res. 471.

I ask unanimous consent that the resolution be agreed to; a Collins amendment to the preamble, which is at the desk, be agreed to; the preamble, as amended, be agreed to; and that the motion to reconsider be laid upon the table.

Finally, Mr. President, I ask unanimous consent that when the Senate completes its business today, it adjourn until 2 p.m. on Monday, June 25; that following the prayer and pledge, the Journal of proceedings be approved to date, the morning hour be deemed expired, and the time for the two leaders be reserved for their use later in the day; that the Senate resume consideration of the motion to proceed to S. 1940, the flood insurance bill, postcloture; and that at 5:30 p.m., the Senate proceed to a cloture vote on the motion to concur in the House message to accompany S. 3187, the FDA bill, under the previous order.