Floor Statements

Mr. President, Ted Stevens was as dedicated to his State as anyone to ever serve in this body. From his fight for Alaska's statehood to the four decades he represented that State in the U.S. Senate, he never forgot where he came from or who elected him.

Although he set the record as the longest-serving Republican Senator in American history, his legacy is not measured by his longevity but by the indelible impact he had on Alaska.

He made much of that impact during from his time on the Appropriations Committee, and I learned a lot from working with him there. He once gave me a necktie with a picture of ``The Incredible Hulk'' on it as a token of his appreciation for my work on an appropriations bill. It was his unique way of saying ``thank you,'' and it meant a lot to me. I still have that tie.

Public service was more than a career for Senator Stevens; it was his life's calling. He served his country from halfway around the globe, fighting with the Flying Tigers in World War II, and served his State from clear across the continent when he came to the U.S. Senate. But no matter how far away from home, he always kept it close to his heart.

Senator Stevens loved flying, loved the outdoors, and loved his State. He died doing what he loved, and his footprint will forever be visible across the Last Frontier.

I suggest the absence of a quorum.

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 President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. President, what is the status of the Senate? What are we doing? Morning business?

Thank you, Mr. President.

Wildlife Conservation and Animal Welfare

Mr. President, one piece of unfinished business we have here in the Senate is to move a series of good, commonsense bills that would benefit wildlife and domestic animals.

These wildlife conservation and animal welfare bills have already passed the House of Representatives, and for a good reason. They also have bipartisan support. Most importantly, all of these measures are supported by the American people. These aren't Democratic or Republican issues; they are issues of good moral conscience.

I have worked over the years on many bills connected to animals and wildlife. Not long ago, Senator Cantwell and I worked with a number of our Republican colleagues to pass a felony level penalty bill for dog fighting and cock fighting. This was a bipartisan rejection of animal cruelty.

Today, we have the opportunity to help a great number of species. One bill ready for action, the Shark Conservation Act, will improve Federal enforcement of an existing prohibition on the killing of sharks just for their fins. Because of a loophole in the existing law, animals are still caught, their fins are severed, and the dismembered shark is sent back into the ocean to die. But they don't just die, they suffer a horrible and protracted death--all of that cruelty for a bowl of soup.

Another important bill is the Marine Mammal Rescue Assistance Act, which will strengthen programs that provide emergency aid to seals, whales, and other marine creatures that get struck by boats or tangled in fishing lines. This happens all the time.

Other bills, such as the Crane Conservation Act, the Great Cats and Rare Canids Act, and the Southern Sea Otter Recovery Act, will protect some of the most rare and remarkable creatures anyplace on Earth. Without our help, many of these creatures could disappear within a generation.

I also wish to draw attention to the efforts of Senators Merkley and Kyl today to clear an important bill that will end the appalling practice of animal crush videos. It is hard for me to comprehend what some people do. They torture animals and take pictures of them and sometimes sell those pictures. There are people sick enough to want to watch a little animal or a big animal be crushed and killed. They call them animal crush videos. The law we passed in 1999 outlawing these videos was struck down by the Supreme Court in April of this year. Senators Kyl and Merkley have worked to write a more narrowly tailored bill that respects the first amendment while still punishing those who seek to profit from the torture of puppies, kittens, and other helpless animals.

As I understand it, the Supreme Court said you can't stop people from buying these videos to watch. But we can stop people from doing these terrible things that people want to watch.

I hope we can work these out and pass these by unanimous consent. Why do we need debate on these issues? These are good bipartisan bills that deserve to be passed.

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 have a number of unanimous consent requests that I am going to ask. But I have been told the Republicans want to look a few of these over, and I have no problem with that. I can do it later tonight or tomorrow sometime. These are important issues. I have given a brief synopsis of some of the awful things going on around the country as they relate to animals. We should do something to take care of this. I hope we can get these cleared. These are not great legal issues, but they are moral issues. If we can't treat animals in a fair way, we can't treat ourselves in a fair way.

When we come in, in the morning, I will ask for these consents. I appreciate my friend from Mississippi for his usual manner of being so courteous in allowing me to go forward with my statement.

Mr. President, I rise today to recognize the 25th anniversary and great impact of the Nevada Opera Theatre in Las Vegas, NV. A pillar in the arts, education and entertainment in southern Nevada, we are proud of the Nevada Theatre Opera and its many achievements since inception. It is my great pleasure to honor this fine institution along with its participants, patrons and volunteers here before the U.S. Senate today.

Known as a global center of entertainment and the arts, Las Vegas, NV, enjoys an incredible atmosphere of music and theatre. Eileen Hayes desired to add the immense impact of opera to this reputation and realized her goal with the foundation of the Nevada Opera Theatre in October of 1985. She brought opera music and performance to southern Nevada. Her work has been instrumental, and since the first performance in August of 1986, audiences have been captivated by productions including: La Boheme, La Traviata, Tosca and Die Fledermaus, to name a few.

The theatre continues on today as the major nonprofit opera company in southern Nevada. Comprised of Nevada Opera Theatre artists, chorus, and children's chorus and orchestra, membership surpasses 120. Many of the included artists are nationally and internationally recognized, while others are talented regional and local performers. All artists exude an excellent caliber or professionalism in the development of their craft.

As I have previously mentioned, these citizen performers not only entertain. Opera Outreach has performed for over 115,000 Clark County School District and private students, touching a great many lives in the ongoing education of our youth. Everyone is invited to participate by either joining the theatre or becoming a patron, making the education all the more tangible. Outreach encompasses not only programs in the schools but additional programming in local malls, hospices, hospitals, and for civic and community organizations.

I join with my fellow Nevadans in honoring the Nevada Opera Theatre for its 25 years of service. Now well into its third decade, this institution has worked to bring a knowledge and appreciation of music to the people of southern Nevada, and I have no doubt that it will continue to do so for years to come. I am grateful and honored to recognize the 25th anniversary of the Nevada Opera Theatre.

Mr. President, I rise before the Senate today to call attention to one of Nevada's finest advocacy programs. This year marks the 30th Anniversary of the Court Appointed Special Advocate Program, CASA. In Clark County, NV, the CASA program became a reality as a direct result of the efforts of Judge John F. Mendoza. Today I ask my colleagues to join with me in applauding the noble deeds performed by Judge Mendoza and the CASA Program.

Born and raised in Las Vegas, NV, John received his juris doctor degree from the University of Notre Dame in 1952. After returning to Nevada, he eventually served as Clark County district attorney, North Las Vegas city attorney, and Justice of the Peace of Las Vegas Township. His Honor was elected to district court judge of the State of Nevada, a position he held for 24 years. Judge Mendoza served as the president of the National Council of Juvenile and Family Court Judges.

During his career, Judge Mendoza recognized the desperate need for skilled and timely decisionmaking in the lives of abused, neglected and abandoned children, not only in Nevada but across the country. He used his knowledge, passion, and energy to educate and extract a level of excellence when dealing with caseworkers, parents and court proceedings in regard to appropriate needs evaluation and placement. He demanded a clear vision of roles and procedures. He held caseworkers responsible to the children they represented and answerable to the court for decisions they made.

Judge Mendoza recognized the lack of quality in the court process and did not tolerate the unfortunate delays in court hearing dates which often resulted in children literally growing up without permanent homes. As a result, Judge Mendoza championed national guidelines for improving court practices in child protective cases. He helped to establish methods for monitoring court schedules to prevent unnecessary delays and to control continuances. He urged competent representation thru the CASA and guardian ad litem programs. Through his tireless efforts, family courts began to take into account not only the children's safety but also the emotional impact of separation.

A lifetime of dedication to the rights of the children of Nevada and beyond has resulted in a national program that engages volunteers to be a voice for neglected and abused children. Each CASA volunteer in turn has an opportunity to walk in the footsteps of Judge John Mendoza in making a meaningful and constructive difference. Those footsteps lead to protecting and preserving the rights and interests of children who are unsafe in their own homes; to insuring that all aspects of the family court system perform in a child's best interest and secures a safe and permanent home for that child.

I am deeply grateful for the work performed by CASA and its many volunteers. The chance to advocate on behalf of someone in need is the greatest opportunity afforded to those who serve in our legal system. I stand before the Senate today and thank the CASA program and Judge Mendoza for these 30 years of remarkable service.

Mr. President, this resolution concerns a civil action filed against the President pro tempore of the Senate and the Speaker of the House of Representatives seeking to have the Federal courts order Congress to pass legislation enacting the plaintiff's proposal to purportedly save Social Security. This lawsuit seeking to compel the Congress to take legislative action is not cognizable before the Federal courts. This resolution authorizes the Senate Legal Counsel to represent the President pro tempore, Senator Inouye, in this case and to move for its dismissal.

Mr. President, following any leader remarks, there will be a period of morning business until 3 p.m. today. Senators, during that period of time, will be allowed to speak for up to 10 minutes each. At 3, the Senate will resume consideration of the motion to proceed to the Creating American Jobs and Ending Offshoring Act.

Order of Procedure

I ask unanimous consent that at 4 p.m., until 11 p.m. today, the Senate begin 30 minute alternating blocks of debate on the motion to proceed to S. 3816, with the majority controlling the first 30 minutes, which will begin at 3 p.m. today.

Mr. President, I announced last week that we would have a live quorum at about 7 p.m. this evening. I am hopeful that will be the last one we will need, but we will see how the debate proceeds.

Mr. President, the most important part of our jobs as Senators is to create jobs in our States. That is especially true in times such as these, when so many are reeling from so much economic pain.

Right now, as I speak, the President is signing into law our small business jobs bill. As soon as he does, $15 billion in tax relief and hundreds of millions of dollars in loans will be on the way to America's small businesses, which we all know are the engines of our economy, engines that will power recovery.

Every penny of that help is paid for, and it will not add a single dime to the deficit. I spoke to the Administrator of the Small Business Administration on Thursday or Friday--I don't know the exact day. She indicated to me that there were 1,000 applications for small business loans that will be completed within hours of signing that bill. The resources have simply not been there for her to do the work that is necessary. One thousand small businesses will be able to go forward on programs they have, programs dealing with retail sales, wholesaling. There will be businesses that will be exporters, importers, and any variation of small

businesses that you can imagine--restaurants. This will create many jobs immediately. So I was happy when I heard that from her. I knew that was going to be the case, but I wanted to hear it from her.

When that funding gets to where it is going, as many as one-half million people who are looking for work today will soon be on their way to a new job. We fought so hard for this bill against such stubborn minority opposition because we know we have to do everything we can to get people back to work. That means we have to work just as hard to create new jobs as we have to protect existing ones. It means that when a corporation tries to take away someone's job in Nevada and send it halfway around the world, we have to stop them. We cannot let the greedy CEOs do that anymore, and that is exactly what we are going to do this week. We are going to take away the incentives that our corporations have to send our jobs overseas and give them powerful new incentives to keep the jobs right here in America.

Right now, our Tax Code actually rewards corporations for offshoring jobs. It is hard to comprehend that, but it is true. It helps them pay the costs of closing their plants and offers them tax breaks if they move production to other countries. The current system even encourages companies to ask their employees to train their foreign replacements. Think about how an American feels about that. That is a slap in the face to hard-working Americans. It is no way to get our economy back on its feet and certainly no way to get Americans back to work.

Our bill rights this wrong, and it is going to help revive our Nation's manufacturing industry. We are giving companies the right kind of tax cut, a payroll tax holiday as a reward for bringing jobs back home. So far, we have seen little to indicate that our friends on the other side of the aisle have any interest in protecting American jobs. Instead, we have seen them fight with great enthusiasm to keep corporate tax loopholes as wide open as possible.

Let's use this week to remember whom we work for: middle-class families and the hard-working people who built this country and will rebuild it toward recovery; middle-class families and not corporations that take advantage of tax loopholes at their expense; American workers and not foreign companies that want to take away their jobs. That is the most important thing we can do.

Nothing is more important to me, as a Senator, than the work to create jobs in our States.

Will the Chair now announce morning business.

Mr. President, I move to instruct the Sergeant at Arms to request the presence of absent Senators, and I ask for the yeas and nays.

Mr. President, on behalf of Senator Max Baucus of Montana, I ask unanimous consent that Mary Baker and John Merrick, members of his staff, be permitted the privilege of the floor during consideration of S. 3816 and any votes thereon.

Mr. President, following any leader remarks, the Senate will proceed to a period of morning business. Senators will be permitted to speak for up to 10 minutes each. There will be no rollcall votes today.

Mr. President, sometimes all it takes to be a hero is to do your job the way you are supposed to do that job.

A few days after New Year's, a deranged gunman walked into the Lloyd D. George Federal building in downtown Las Vegas. In addition to housing our Federal courts, it is also the building where my staff works, Senator Ensign's staff, and of course many other employees of the people of the State of Nevada.

Court security Officer Stanley Cooper and Deputy U.S. Marshal Richard J. Gardner--everyone calls him Joe--were on duty that day. They were both in the lobby when the gunman got there. Both of them were shot. Officer Cooper didn't make it. He died in the line of duty. I met his family and spoke at his funeral earlier this year, and I know they still miss him every day. Joe Gardner was more fortunate. He returned fire on the gunman. He too was hit while protecting the people working and visiting the courthouse but he did survive.

We can never know for sure how many lives were saved because Officer Cooper gave his or because U.S. Marshal Gardner put his own life at risk. And they can never know how grateful we are for their courage. It is hard to explain.

I am proud to say I have appointed this exemplary Nevadan--U.S. Marshal Joe Gardner--to the Law Enforcement Congressional Badge of Bravery Board. Because if anyone knows what bravery is, it is Joe Gardner. Seven Federal law enforcement officers serve on this board for 2-year terms. I want to express my appreciation to my friend the Republican leader, Senator McConnell, for joining me in making sure Joe Gardner is one of them. It was an easy choice.

Too often we take these heroes for granted. We pass them on the streets or on our way through an office building's lobby. There are precious few like U.S. Marshal Joe Gardner--good men and women who wake up every morning, go to work and put everything on the line to protect people they do not even know. They will tell you they are just doing their jobs, and we should be grateful they are doing their jobs. We should fulfill our responsibility just as often--by thanking them every single day.

Mr. President, would the Chair announce morning business now.

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

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

Mr. President, I ask unanimous consent that at 3 p.m., Monday, September 27, the Senate proceed to consideration of Calendar No. 578, S. 3816, a bill to create American jobs and prevent the offshoring of such jobs overseas.

I now move to proceed to Calendar No. 578, S. 3816, and I send a cloture motion to the desk.

I ask unanimous consent that the vote on the motion to invoke cloture occur at 11:30 a.m., Tuesday, September 28, with the mandatory quorum being waived.

Mr. President, my friend is correct. There has been a lot of wasted time in the Senate. But it hasn't been because of the majority. We have had to answer to more than 100 filibusters, which have eaten up weeks and weeks of our time, when we should have been talking about jobs for the American people. For my friend to stand on the floor and say the continual exporting of jobs is good for the country is beyond the ability of someone to believe. Not only does the fact that these jobs are transferred to another country create tremendous job losses, but we give these people tax benefits for doing so. It is hard to comprehend how such a policy ever came to be. This is an effort to stop it.

We have some very commonsense ideas. One says: If you want to come back to the United States and you want to create some jobs here, we will give you a tax benefit for that. But we do say that if you are going to tear down a plant, an operation in America, you should not get a tax benefit for doing that, as now exists. Right now, if you move a wood manufacturing company out of the State of Washington, tear down your plant and move it to China, you get a tax break for that. The American people don't want that. Finally, outsourcing these jobs is the third part of our legislation--shipping jobs overseas, terminating the jobs here and then making the product over there cheaply and then sending the product back here and you get a tax break for it. The American people don't understand that. They don't understand it because it is illogical. That is what the debate will be about.

We will start the debate Monday afternoon. Everyone should be aware that we will have a live quorum at about 7 o'clock on Monday evening. I explained to the minority leader yesterday that we were going to do that so it is no surprise. Then we will see if during the evening we need any more. We will try to set up the debate in a constructive fashion. It is a debate we on this side relish.

Mr. President, I now withdraw my motion to proceed.

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

I suggest the absence of a quorum.

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