Floor Statements

Mr. President, I ask the Chair to lay before the Senate a message from the House with respect the H.R. 5281.

The Presiding Officer laid before the Senate the following message from the House of Representatives:

Resolved, That the House agree to the amendments numbered 1

and 2 of the Senate to the bill (H.R. 5281) entitled ``An Act

to amend title 28, United States Code, to clarify and improve

certain provisions relating to the removal of litigation

against Federal officers or agencies to Federal courts, and

for other purposes'' and be it further

Resolved, That the House agree to the amendment numbered 3

of the Senate with a House amendment to the Senate amendment.

Motion To Concur

Cloture Motion

Mr. President, I move to concur in the House amendment to the Senate amendment No. 3, and I have a cloture motion at the desk.

Mr. President, I move to concur in the House amendment to the Senate amendment No. 3, with an amendment which is at the desk.

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

Mr. President, I have a second-degree amendment at the desk and ask the clerk to report it.

Mr. President, I move to refer the House message to the Senate Judiciary Committee with instructions to report back forthwith, with the following amendment. I ask the clerk to state that motion.

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

Mr. President, I have an amendment to my instructions, which is at the desk. I ask it be reported.

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

Mr. President, I have a second-degree amendment to my instructions.

Mr. President, that was the DREAM Act.

Mr. President, I now ask the Chair to lay before the Senate a message from the House with respect to H.R. 2965, which is the don't ask, don't tell legislation.

The Presiding Officer laid before the Senate the following message from the House of Representatives:

Resolved, That the House agree to the amendment of the

Senate to the bill (H.R. 2965) entitled ``An Act to amend the

Small Business Act with respect to the Small Business

Innovation Research Program and the Small Business Technology

Transfer Program, and for other purposes.'', with a House

amendment to the Senate amendment.

Motion To Concur

Cloture Motion

Mr. President, I move to concur in the House amendment to the Senate amendment to H.R. 2965, and I send a cloture motion to the desk.

Mr. President, I move to concur in the House amendment to the Senate amendment to H.R. 2965, with an amendment which is at the desk.

Mr. President, 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 refer the House message to the Senate Armed Services Committee with instructions to report back forthwith, with the following amendment. And I ask the clerk to state that motion.

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

Mr. President, I have an amendment to my instructions which is at the desk. I ask the clerk to report that.

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

Mr. President, I have a second-degree amendment to my instructions.

Mr. President, I ask unanimous consent that the mandatory quorums required under rule XXII be waived with respect to the cloture motions filed.

Mr. President, I now ask unanimous consent that we proceed to a period of morning business, with Senators permitted to speak for up to 10 minutes each.

I would say, Mr. President, that we have made contact with the Republicans, and they tonight do not wish to have more debate on the START treaty. So that is why we are moving to morning business. People can talk about whatever they want for the rest of the evening. Tomorrow, I am going to move back to executive session to do the START treaty. I hope we can make progress on that tomorrow.

Mr. President, on behalf of Senator Shaheen, I ask unanimous consent that Roger Thoman, a legislative fellow in her office, be permitted floor privileges during the consideration of the START Treaty and any votes related to that matter.

Mr. President, following the remarks of Senator McConnell and myself, we will be in a period of morning business until 11 a.m. with Senators permitted to speak for up to 10 minutes each. At 10 o'clock this morning, Senator Bayh will deliver his farewell remarks to the Senate, and at 10:30 a.m. Senator Voinovich will deliver his. I spoke yesterday about Senator Bayh and what an outstanding person he is and how much we will miss him. I will have something to say in a few minutes about Senator Voinovich.

At 11 a.m. today, the Senate will resume consideration of the House message with respect to H.R. 4853, the vehicle for the tax compromise. There will be 1 hour for debate prior to a series of up to four rollcall votes. There will be votes on three motions to suspend rule XXII, and the last vote will be on the motion to concur with the Reid- McConnell amendment.

Following this series of votes, the Senate will resume morning business until 2:15. At that time, we intend to move to executive session for the purpose of considering the START treaty. Senators should expect a rollcall vote to proceed to executive session, and for the information of all Senators that is simply a majority vote.

Following the vote to proceed to executive session, Senator Lincoln will be recognized to deliver her farewell speech to the Senate. Upon conclusion, the Senate will resume executive session.

We have Christmas, which is a week from Saturday. We have a lot of things to do. I have talked about that before, but let me just briefly say again what we have to do.

We are going to finish this tax bill within the next couple of hours. It is a tremendous accomplishment. Whether you agree with all of the contents of the bill or not, everyone should understand this is one of the major accomplishments of any Congress where two parties, ideologically divided, have agreed on a major issue for the American people. It will go directly to the House of Representatives. They will take it up quickly.

We are going to move to the START treaty. I hope we can have a good, fair debate. No one needs to be jammed on it. There is lots of time for people to do what needs to be done. If people want to offer amendments, they can do that. This treaty has been around since April or May. Even a slow reader could finish every word of that many different times. I would hope no one will require us to read the treaty. What a colossal waste of time. So I hope that is not going to be necessary.

We then are going to move to the spending bill, which is so important to get done for our country. We will move to that as quickly as we can. We will see how things go with this treaty. But it is clear, I have spoken on many occasions with the Republican leader, we are going to be in session this Sunday. There is work to do. We hope we can complete what we have to do a day or two after Saturday. We want to complete the things I have just mentioned. We are going to have to have a vote on the DREAM Act. We have the 9/11 issue. We are working on nominations to complete the work we need to do this Congress.

Unless the House sends us something I am not aware of at this stage, I think I have pretty well lined out what we need to do. On nominations, the Republican leader knows the President is very concerned about having somebody at the Attorney General's Office. We need somebody to be second in command. The Deputy there has been going a long time. There has been one Senator holding that up, and we hope that matter can be resolved. The lands bill, we are trying to work it out, and we hope we can get that done. It is a bipartisan bill. That is certainly possible.

So we have a lot to do, and we need everyone's cooperation to get it done so we can get out of here as quickly as we can.

Mr. President, I wish to say a brief word about George Voinovich. I have watched him for many years. He has an outstanding record. He is a Senator from the State of Ohio who came to Washington with as many credentials as anyone could have: a member of the State legislature, the Lieutenant Governor of the State of Ohio, mayor of the city of Cleveland, and now a U.S. Senator. He has a wonderful family.

The thing George Voinovich brought to Washington a lot of people don't recognize because of his quiet manner is his work ethic. He gets up very early every morning and works on what is necessary in the Senate. He studies the bills. He is aware of the issues that are before the Senate on any given occasion. Nothing gets past him. He always is up to date on everything we are doing.

I haven't agreed with Senator Voinovich on lots of different issues, but he has a quality that we all need to have: You never have to guess where he stands on an issue. He will always tell you how he feels. That has been a tremendous help to me. There have been occasions when his vote has been so very important for, I believe, the Senate, the State of Ohio, and certainly the country. He always tells you how he feels, what he is going to do, and once he makes up his mind that is what he is going to do. I admire him very much.

I have had such good feelings about people coming from Ohio. I had the good fortune to serve here when John Glenn, a man we all know, one of America's all-time great leaders. Ohio produces very good people, at least from my experience in the Senate--Senator Metzenbaum, and now Sherrod Brown with us. I will not run through a list of everyone.

I certainly want the Record to reflect, prior to Senator Voinovich's final speech today, how much I respect him as a legislator and as a person. I appreciate his friendship and hope in the years to come we can still work together on issues for the country.

Madam President, in times like these, we cannot afford to play games with the economic security of middle-class families in Nevada, and across America.

This bill is not perfect, but it gives those families the boost they so desperately need. It will create 2 million jobs, according to an estimate by the Center for American Progress. For Nevadans, the energy tax cut provisions will create as many as 2,500 jobs in Nevada alone, at a time when jobs are so badly needed.

This bill will cut taxes for middle-class families and small businesses. It contains a $120 billion payroll tax reduction, which will give the average middle-class family a tax cut of $1,200. It extends the college tax credit to help more Americans get the education and skills they need to compete. And it will ensure that Americans who are still looking for work will continue to have the safety net they rely on to make ends meet.

It is unfortunate that my Republican colleagues drew this process out so long. While we ultimately were able to reach a compromise, there was one point that Republicans refused to compromise on: they were dead set on delivering huge tax breaks to people who do not need them, no matter what.

Warren Buffett recently came forward and said, I don't need a tax cut. Give it to the person who's serving lunch. This is just common sense. In tough times, we should concentrate our efforts on helping the people who need it most. Not only will it help them more, but they are more likely to spend the money and help grow our economy.

Unfortunately, this debate also revealed that my Republican colleagues would rather talk about the deficit than actually do anything to bring it down. The giveaways to millionaires that they fought for will add $700 billion to our deficit. My Republican friends love to talk about the deficit, but when it came time for them to make a decision, cutting the deficit took a back seat to giving tax breaks to people who do not need them.

In the future, I hope my Republican colleagues will match their actions to their rhetoric, and start working with us to bring down the deficit.

Clearly, we Democrats disagree with our Republican colleagues about where we should be focusing our efforts in this tough economy. We think we should be focusing on the middle class, they think we should be giving more benefits to the wealthiest among us, even if those benefits add to the deficit.

But despite our disagreements, we were able to reach a compromise. Because that is what the American people want us to do: find common ground, and reach solutions that will benefit our middle class.

The framework agreed upon by President Obama and Senate Republicans might not be the approach I would have taken. But with millions of American families still struggling to make ends meet, it is our responsibility not to let the perfect be the enemy of the good. I know our counterparts in the House will pass this bill quickly so that we can get it to the President's desk as soon as possible, and give middle-class Americans a little more peace of mind this holiday season.

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

Madam President, as a Christian, no one has to remind me of the importance of Christmas for all of the Christian faith, all of their families all across America.

I do not think any of us, and I do not need to hear the sanctimonious lectures of Senators Kyl and DeMint to remind me of what Christmas means.

My question is, Where were their concerns about Christmas when they led filibuster after filibuster on major pieces of legislation during this entire Congress--not once but 87 times, taking days and days of the people's time in the Senate on wasteful delay?

Senate Republicans need look no further than themselves in casting blame for the predicament we are in right now. In this Congress, I repeat, Republicans have waged 87 filibusters. They have used every procedural trick in the book to delay legislation that is important to the American people.

We have been able to work through most of that and have what, in the mind of Norm Ornstein, the most successful Congress watcher in decades says is the most successful, productive Congress in the history of the country. We have done that in spite of all of the roadblocks that have been thrown in our way.

In just a few minutes, we are going to proceed to the START treaty. I am told the Republicans are going to make us read the entire treaty in an effort to stall us from passing it. Isn't that wonderful. That treaty has been here since April or May of this year--plenty of time to read it.

These are additional days of wasted time that we could be using to pass legislation to get home for the holidays. Yet some of my Republican colleagues have the nerve to whine about having to stay in action and do the work the American people pay us to do. We make large salaries. We could work, as most American do, during the holidays.

Perhaps Senators Kyl and DeMint have been in Washington too long because in my State, Nevadans employed in casinos and hotels and throughout the State of Nevada--on our ranches, basically everyplace-- have to work hard on holidays, including Christmas, to support their families.

The mines do not shut down in Nevada on Christmas. People work. They get paid double time a lot of times when they have good contracts. But they work on Christmas holidays. Most people do not get 2 weeks off at any time let alone Christmas week. These people who are lucky enough to have a job in these trying times need to work extra hard just to make ends meet.

So it is offensive to me and millions of working Americans across this country for any Senator to suggest that working through the Christmas holidays is somehow sacrilegious or disrespectful.

The path to finishing this year lies in the hands of Senators such as Senators Kyl and DeMint and any other Senate Republican who is trying to run out the clock or run out the door without finishing the American people's business. If they decide to work with us, we can all have a happy holiday. If they do not, we will continue until we finish the people's business.

Madam President, I move to proceed to executive session to Calendar No. 7, the START treaty. I ask for the yeas and nays.

Mr. President, could we have the attention of everyone in the Senate.

Mr. President, I have had a number of conversations in the recent minutes with the Republican leader. I think we would be well advised--and we are going to proceed along this avenue unless someone has an objection--that for the rest of the day and the evening, however long people want to visit, we will be in a period of morning business. As soon as Senator Lincoln finishes her remarks, we will be in a period of morning business, and Senators will be allowed to speak for up to 15 minutes. I put that in the form of a consent request.

We have a number of Senators over here and on the Republican side who want to speak on the START treaty, but people are not going to be restricted to that. They can speak about anything they want. Then tomorrow morning we will return to the START treaty.

So this afternoon, I again ask unanimous consent that we be in a period of morning business and that Senators be allowed to speak for up to 15 minutes each during this period of morning business, with the understanding that tomorrow morning, at a reasonable hour, we will return to the START treaty and begin debate directly on that.

And part of that agreement is that today will be for debate only.

Mr. President, also, if I could respond to my friend, I know Senator Lugar has spent lots of time on this treaty, as has Senator Kyl, as has Senator Kerry and others. Everyone, we will be very generous with time. If Senator Lugar, who is one of the wizards of foreign policy in the history of our country, needs more time, no one is going to stand in the way of that. So everyone should understand that we did put a 15-minute limitation on it, but there will be consents granted for people to speak longer if, in fact, it is necessary.

So the consent request is that Senator Lugar be recognized for 40 minutes, Senator Kyl for 40 minutes, Senator Kerry for 30 minutes; is that right?

OK. So, Mr. President, I am glad we clarified that. But, as I said, anyone can talk about anything they want. So why don't we have the consent request amended that Senator Lugar be recognized for 40 minutes, Senator Kerry for 30 minutes, and then the rest of the time will be jump ball for people to speak for up to 15 minutes.

And I conferred with Senator McConnell. There will be no rollcall votes the rest of the day.

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

Mr. President, if you asked anyone in this body to summarize Arlen Specter, I think the words that would come up most often would be he is a real fighter. Arlen Specter fought to defend our Nation in Korea. He fought crime in the streets of Philadelphia as a district attorney. He has fought cancer and won three times. And he has fought for Pennsylvania every day he has served with us here in the U.S. Senate.

Senator Specter has witnessed three decades of progress in Washington. He is a man who has risen above party lines to demonstrate his independence time after time. But his independence was not about him; it was about the people of Pennsylvania, whom he has served with honor and dignity for 30 years, even when cancer tried to keep him from doing so.

I have known and served with Senator Specter for almost 30 years, and I have come to admire his service and dedication. We have not always agreed on how to solve the issues facing America, but he has always been willing to listen to me and any other Senator in the hopes of forging bipartisan agreements that would help the country. He is a very principled man, a man who does what he believes is right, even when few others agree with him.

Senator Specter was raised in the Midwest by his mother and a Russian immigrant father who came to the United States and later served his new country in World War I.

He first discovered Pennsylvania as an undergraduate student at the University of Pennsylvania, where he earned a degree in international relations. After serving 3 years in the Air Force during the Korean war, he attended law school at Yale and established a successful law practice in what would become his home State, Pennsylvania.

Just as his father left his native land and served his new home as a member of the United States military, Senator Specter left his home in Kansas and served his adopted Commonwealth in a different way--first as a district attorney in Philadelphia for 9 years, and then as a U.S. Senator for the last 30 years. And he did this with his tenacity. He lost a number of elections. He kept coming back, never giving up.

As a Member of Congress, he has been a stalwart for justice, health, and education. He has presided over several Supreme Court confirmation hearings, and played a major role in many more.

He has ensured that vital and potentially lifesaving research for cancer, Alzheimer's, Parkinson's, and other diseases receives Federal dollars to pave the way for real breakthroughs.

One personal experience with Senator Specter--the so-called economic recovery package, the stimulus. He was the key vote--one of the three key votes. He was a Republican. He and the two Senators from Maine made it possible to pass that. But his passion in that legislation was the National Institutes of Health. Part of the deal was that they had to get $10 billion. Money well spent. But it is something he believed in fervently, and we were able to do that.

He has also worked to cover children and seniors who struggle to get access to health care they desperately need. He has done that as a member of the Appropriations Committee, where he has worked to make more education available to all students with the help of scholarships and student loans. Furthermore, his work with constituents of every stripe makes a difference every day.

Senator Specter is a throwback to a previous chapter in the history of the Senate--a time when moderates were the rule, not the exception.

When I came to Washington, Republicans such as Arlen Specter were every place. That is not the case now. He is a rare breed and will truly be missed.

I wish Senator Specter, his wife Joan, and their two sons and four grandchildren the very best in the coming weeks, months, and years.

Blanche Lincoln

Mr. President, Arkansas has given America a lot of which to be proud. From the late Senator William Fulbright, whom I did not know, to President Clinton, whom I do know, Arkansans have always produced proud public servants.

I had the good fortune to serve with two of the finest Senators we have ever had in this body, Dale Bumpers and David Pryor. I have said publicly--I will say again--the finest legislator I have ever served with--I do not want to hurt anyone's feelings here--is David Pryor. David Pryor was a superb representative of Arkansas and the country.

Blanche Lincoln has continued that long tradition of Arkansans who have come to Washington to shape our Nation. And Blanche has never forgotten from where she came.

Senator Lincoln has been a trailblazer during her time in the Senate. In 1998, she became the youngest woman to ever be elected to the Senate. She was also the first woman elected to represent Arkansas in the Senate since World War II. She was the first woman and first from Arkansas to chair the Senate Agriculture Committee.

A dozen years ago, Blanche was one of the youngest people in this body. But from day one, she earned a reputation for being very wise, wise beyond her years. She has always understood we are here to serve, first and foremost, and she has never forgotten that.

Senator Lincoln once said:

I am not normally a betting person, but I say that putting

your money on the American people is about as close to a sure

bet as you are going to get.

Blanche Lincoln always bet on the American people, and particularly the good people in Arkansas who first sent her to Washington to get things done in 1992.

Senator Lincoln never sought the national spotlight. She has always been focused on making sure the people of Arkansas are represented fairly and forcefully. Her legislative accomplishments are too long to list here today.

Her impact will be felt long after she leaves this Chamber.

Perhaps her most important work has been her tireless efforts to protect America's children. Senator Lincoln was the lead driving force, along with the First Lady, on the passage of the Healthy, Hunger-Free Kids Act to make sure our children have access to healthy meals.

She was a cofounder of the Senate Caucus on Missing, Exploited, and Runaway Children. She is also the current chair of the bipartisan Senate Hunger Caucus.

So I am honored to call Senator Lincoln a friend and a colleague, and I join my friends and colleagues in saluting her remarkable accomplishments. I will miss her. But we know her too well to think we have heard the last from her.

It would not be appropriate not to say something about her wonderful family. Her doctor husband and her twins are remarkably good individuals. Her husband is one of the nicest people I have ever met. He has such a great presence about him. I have met him on the many occasions we have been able to get together as a Senate family, and he certainly, to me, is part of that family.

But if I ever need to find Senator Lincoln, I will always know where to look. Because if there is an issue that has gone unnoticed or a person who feels forgotten or a cause that is worth fighting, Blanche Lincoln is probably not far behind and already on the case.

I wish Blanche and her family the very, very best. It has been a pleasure to get to know Blanche Lincoln. I look forward to our future association.

Russ Feingold

Mr. President, I have served with Russ Feingold in the Senate for 18 years. There has never been a point where I did not know where he stood and what his core principles were.

Senator Russ Feingold came to the body in 1992 with one goal in mind: To always represent the people of Wisconsin--not the special interests, not the establishment. And he never compromised his principles, even though sometimes it made it very difficult for me. But he is a man of principle, and that certainly is the truth.

When Russ first ran for the Senate in 1992, he famously wrote down five core promises he would always keep if he were elected. He wrote them on a piece of paper, and then he affixed this piece of paper and these promises to his garage door at his home.

The promises were: To rely on Wisconsin citizens for most of his contributions; to live in Middleton, WI, and send his children to school there; to accept no pay raise during his time in office; to hold listening sessions in each of the 72 Wisconsin counties each year of his term in the Senate; and to make sure that the majority of his staff are from Wisconsin and with a Wisconsin background.

It should surprise no one that he held true to each of these promises and surpassed every expectation that any Badger could have had for this good man who hails from Janesville, WI.

As quick as Senator Feingold has been to voice thoughtful opposition to anything that would go against his core principles, he never hesitated to reach across the aisle and work in good faith with every Member of this body.

Because of his bipartisan efforts, our system for financing political campaigns is cleaner, more transparent, and more free of undue corporate influence. It is too bad the Supreme Court has so weakened the McCain-Feingold legislation.

In 2002, Senator Feingold spoke on the Senate floor during the campaign finance debate, and he spoke remarkable words about why he fought so hard for that legislation. He said:

Nothing has bothered me more in my public career than the

thought that young people looking to the future might think

that it is necessary to be a multimillionaire or somehow have

access to the soft money system in order to participate, to

participate as a candidate as part of the American dream.

It is a simple statement, but it truly helps us understand why the people of Wisconsin were always proud of their junior Senator--because he spoke simple truths, fought passionately for the middle class, and was able to always tap into what people were discussing over their kitchen tables every night.

Russ Feingold often stood in the minority to voice his positions that were not necessarily popular. He was a strong advocate for equal rights for same-sex couples even when it wasn't the popular thing to do, and he opposed the 2003 Iraq war from the very beginning and has stayed true to his feelings on this issue since then. But that is the very essence of Russ Feingold. He stands on principle and his core beliefs even when it isn't convenient. He speaks the truth even when it ruffles feathers. As someone who has been elected to public office for a long time, it is very difficult to express to everyone within the sound of my voice what a special type of person Russ Feingold is. He is the type of person who will remain firm and steadfast in all the ways he serves. He is that special kind of person.

He has continued the tradition of some of the greatest Members of this body. He combines the tenacity of Paul Wellstone with Ted Kennedy's desire to always fight for the underdog. Russ Feingold has etched himself into the fabric of this body and for many of us will always be a part of our collective conscience. If we follow the example of Russ Feingold, we can rest easy at night knowing that when we stand on principle, we never have to worry about second-guessing ourselves.

Madam President, following leader remarks, the Senate will begin the final stage of our consideration of the House message with respect to H.R. 4853, which is the tax bill. Postcloture time will expire tonight at 12:30 a.m.

The Senate will recess from 12:30 until 2:15 today for weekly caucus luncheons. We will also have a number of Senators organized today to give their final speeches. We look forward to hearing from Senator Bond at 11:30 today to deliver his farewell speech, Senator Judd Gregg will deliver his farewell speech at 2:15 p.m., and Senator Harkin will be speaking at 3:15 p.m. for up to 45 minutes. Senator Kirk will deliver his maiden speech at 5 p.m. today.

Senators will be notified when any votes are scheduled. I have spoken to the Republican leader, and we are going to try to work this out so we don't have to be in until 12:30 and so we can move to other matters. We will keep Senators advised as to what the exact schedule will be.