Floor Statements

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

Mr. President, following leader remarks, there will be a period for the transaction of morning business, with Senators permitted to speak for up to 10 minutes each. At 4:30 p.m. today, we will turn to executive session to consider three nominations, with debate until 5:30 p.m. equally divided and controlled between Senators Leahy and Sessions or their designees. At 5:30 p.m., the Senate will proceed to a series of up to three rollcall votes. Those votes will be on the confirmation of Audrey Fleissing, of Missouri, to be a U.S. district judge for the Eastern District of Missouri; Lucy Koh, of California, to be U.S. district judge for the Northern District of California; and Jane Magnus-Stinson, of Indiana, to be a U.S. district judge for the Southern District of Indiana.

This week, the Senate will consider the House message with respect to the tax extenders legislation. Also, on Thursday, June 10, we will consider S.J. Res. 26, a joint resolution disapproving a rule submitted by the Environmental Protection Agency with respect to greenhouse gases, under provisions of an agreement reached May 25.

Mr. President, I welcome back my colleagues from their travels back home. It is always good to see them and my staff. I am grateful for all who are here working hard. I know we all benefit from seeing and speaking with our neighbors and constituents, honoring our Nation's bravest on Memorial Day, and talking about the good work we have done this year.

We have really done a lot. Long overdue health care reform is now the law of the land. To show how much we have done, Norm Ornstein, one of the most celebrated pundits, columnists, journalists in all of Washington, reported a few weeks ago that this is the most productive Congress in the history of the country. That comes from someone who is not from the left or the right but someone who is a mainstream journalist in America today. The House and Senate have each passed bills to clean up Wall Street. Three million Americans who are going to work today have the Recovery Act to thank for their jobs. In Nevada, the Recovery Act created or saved more than 4,000 jobs in just the past 4 months alone. Again, that is in Nevada.

But every time I go home, I am reminded how much more we have to do and become reenergized to do it. The work period between now and July 4 is short, but our to-do list is very long. We have to pass an emergency extension of unemployment benefits and other matters related to job creation, which will be in the bill that will be put on the Senate floor this afternoon. These benefits have now expired and so should our patience for excuses. These people lost their jobs through no fault of their own. They are struggling to put food on the table and to take their kids to the doctor. It is important that we recognize that. It is an emergency for these families and for our entire country.

Many who oppose this extension gave tax breaks to rich CEOs who shipped American jobs overseas. Now their constituents are looking for a lifeline in a job market they helped sink. I hope both sides can come together to give them the help both they and our economy need.

This legislation cuts taxes for middle-class families and small businesses. This bill includes a host of tax credits, tax extenders, and tax incentives, all of which will help put people back to work-- something Democrats and Republicans should come together to finish because it is something we can all support and be proud we did. More than that, it is something each of our States desperately needs.

To this legislation we intend to add a bill for FMAP funding, that is, Medicaid money to ensure the poorest in our communities can afford to stay healthy, which will protect jobs in States such as Nevada and prevent deep cuts to critical services all over the country.

Mr. President, just a few comments about the remarks of my friend, the Republican leader. We all know the debt of our country is significant and of concern to us. But I am stunned by my friend's short memory of history. One reason we have this red ink that is flowing so strongly is we had two wars that weren't paid for. The Iraq war alone cost $1 trillion. Many say it was a war of choice, not of necessity.

The financial meltdown came about as a result of decisions Republicans made. For example, in the last 3 years

of the Clinton administration, we were paying down the national debt. We were spending less money than we were taking in. Some said we were paying down the debt too fast. It was a shock to the markets. We had, in effect, during the Clinton years, something called pay-go, meaning if you had a new program you had to pay for it or raise the revenue to pay for it. It worked extremely well. That is why we were paying down the debt. When President Bush came in, that was eliminated. Pay-go rules went out the window. We have replaced them, in spite of Republicans voting against that.

Mr. President, to show the short memory of my friend, the Republican leader, there was legislation worked on here for a long time--well more than a year--by Kent Conrad, the chairman of the Budget Committee, and the ranking member, Judd Gregg. They put together a piece of legislation that had wide support here in the Senate to create a debt commission, similar to what we did with our base closing activities. So I brought this up for a vote. Democrats overwhelmingly voted for it. My Republican colleagues--seven of them who sponsored that legislation-- wouldn't vote for it.

We couldn't get the base closing legislation done because every time we wanted to close a base, there would be a Senator from that State who would say: No, we can't do that, and so it was difficult. So we brought that base closing legislation to the floor, and there was an up-or-down vote on it, no amendments. That is the same legislation Senator Conrad and Senator Gregg brought before the Senate. Because of the Republicans, it was voted down.

To his credit, President Obama, still concerned about the debt, created a commission that must report by the end of this year. We know the debt is an issue. But for my friends to start now criticizing what has always been emergency spending to pay for people who are long-term unemployed I think shows memories are a little short. We should realize Democrats have not created the problems. President Obama, when he was elected, found himself in a real hole created by the prior administration, and we are working our way out of that.

After we finish the bill that will be on the floor this afternoon, we have to pass a bill designed specifically for small businesses--to help them grow and to help them hire more workers. This bill will include more tax incentives and also establishes a new lending facility for small businesses.

This week, we will debate a resolution of disapproval that will prevent the Department of Transportation and the Environmental Protection Agency from working together to slow the pollution from heavy-duty vehicles. The result of this resolution, if passed, would be to waste at least 450 million more barrels of oil than we need to. That is wrong.

We also would like to finish two important conference reports. One, we have the supplemental war appropriations bill that will give our commanders and troops the equipment and resources they need to succeed and fund disaster assistance in the parts of the world that need it the most. Our military is about to undertake the most important mission of the war in Afghanistan, the largest operation since the war started. We have given them this mission, and now we have to give them what they need to accomplish the mission. Two, we have to finish the Wall Street reform bill. This is legislation that protects families' life savings and seniors' pensions. The bills both the House and Senate passed will enforce the toughest protections ever against Wall Street greed and will guarantee taxpayers they will never again be asked to bail out a big bank and will make sure no bank will become too big to fail. We hope to send our bill to the President this month, after the conference is completed.

There are other items on our agenda as well. We must protect voters and ensure our elections are being decided by the people, not by the richest corporations with the most money to spend. We want to empower public safety employees, such as firefighters, police officers, and paramedics, with a voice in decisions that affect their lives and their livelihoods. We want to ensure they have the same rights in the workplace as everyone else. We have a food safety and child nutrition bill to consider. We have a Defense authorization bill to pass. The Judiciary Committee will start its hearings this month on President Obama's tremendous nominee for the Supreme Court, Elena Kagan.

Although we may not get to it in this short work period, the Senate must take definitive action to hold companies such as BP more accountable for disasters such as the one that is poisoning our waters and shores more and more every day.

About that oilspill. Oil has gushed into the gulf for more than a month and a half now, but we have finally started to see a trickle of good news. BP managed to control some of the spill this weekend, and it is estimated that from 50 to 80 percent of the oil that is bubbling out of the middle of the Earth is being captured. That still leaves a leak of too many barrels every day. That is an enormous and unacceptable amount of pollution harming our water, wildlife, beaches, and businesses. As much as 35 million gallons has already leaked, and that oil is now making its way to the south of Florida, up the eastern seaboard. It is estimated that the Exxon Valdez, which was an awful mess, was only one-third as big as the BP spill currently is.

Beyond the immediate damage and our anger at those whose irresponsibility allowed it to happen in the first place, this bill underscores our need for a new energy policy. We need a policy that fully recognizes the obvious costs of the way we produce and consume energy today. We need to confront and limit the risks of future catastrophes. We cannot wait to act until after more tragedies and disasters happen.

A new energy policy must strongly encourage companies to invest rapidly in technology that makes us safer, more competitive, and more energy independent. That means immediately refocusing our efforts on clean and renewable energy, such as the Sun, the wind, and geothermal energy, and improving energy efficiency and using more biofuels. We need better options than oil, and we need it done yesterday.

Finally, I wish to say a word about the biggest story in sports over this past week; that is, the near-perfect game thrown by Detroit Tigers pitcher Armando Galarraga. It would have been just the 21st time in 150 years--although, remarkably, already the third time in this young season--that a pitcher had retired every opposing batter over nine innings--no hits, no walks, no errors. The perfect game is one of the most special, most difficult, most coveted accomplishments in sports. It is exceedingly rare, which, by the way, makes it all the more incredible that one of our own colleagues, the junior Senator from Kentucky, Jim Bunning, himself once a Detroit Tiger like Galarraga, achieved the feat for the Philadelphia Phillies on Father's Day in 1964.

A perfect game means 27 men up, 27 men down. Galarraga had taken care of 26. We all know what happened to the 27th. The play was made, the runner was out, the game should have been over. Galarraga's name should have been added to an elite list that includes giants of the game such as Cy Young, Sandy Koufax, and Randy Johnson. But it didn't end that way. The first base umpire, Jim Joyce, badly blew the call. In an instant, a superhuman success story was spoiled by an all-too-human error.

Yet what makes this story so significant is not what happened in the split second between the pitcher getting the out and the umpire yelling ``safe.'' It is what happened right after that. First of all, the umpire, Jim Joyce, admitted he was wrong. He apologized to the pitcher, the players, and the fans he let down. He didn't make any excuses. This umpire didn't hire a PR firm or run television ads defending the indefensible or try to spin his mistake; he just owned up to it.

Armando Galarraga graciously accepted the apology and moved on. He didn't raise his voice or point his finger. When every sports fan in America pitied the pitcher, the pitcher pitied the umpire. The 28-year- old player summoned the strength to throw the game of his life but then somehow summoned the grace not to throw the tantrum some say he was entitled to. It

was an incredible act of class and compassion, an incredible display of perspective and sympathy. It was, appropriately enough, perfect.

In recent days, we have seen insurance companies try to avoid responsibility for denying health care to the sick. We have seen Wall Street executives try to avoid responsibility for millions of layoffs and millions more foreclosed homes. We have seen oil companies try to avoid responsibility for environmental disasters of historic proportions. We have seen too many fail to own up to their own mistakes or take responsibility for their own actions. But more than that, we have seen too many actively turn away when others have tried to hold them to account. In that context, what Jim Joyce did was as exceptional as the perfect game itself.

One call may be just one of hundreds that an umpiring crew makes each day. A single game may be just one of 162 each team will play each year. And even though baseball is the national pastime, it is merely that--a diversion. But in this episodes lies a lesson for athletes about sportsmanship, for adversaries about forgiveness, for Members of Congress and for our children about integrity, and for all of us about accountability.

Mr. President, as in executive session, I ask unanimous consent that the debate time controlled today by Senator Leahy with respect to Executive Calendar Nos. 730, 731, and 759 be divided as follows: 5 minutes each for Senators Boxer and McCaskill and the remaining 20 minutes under the control of Senator Leahy.

I yield back the remaining time.

Madam President, I suggest the absence of a quorum.

Madam President, I rise today to congratulate the Northeastern Nevada Historical Society Museum on their acceptance to the American Association of Museums' Museum Assessment Program. The Northeastern Nevada Historical Society has been serving Nevada for 54 years, preserving its history and educating communities. Through participation in the Museum Assessment Program, MAP, the museum will undertake extensive improvement projects for the benefit of the entire community.

The Northeastern Nevada Historical Society Museum, located in Elko, is the only museum in Elko County and the largest museum in northeastern Nevada. The museum houses two history galleries, three art galleries, archives, a theatre, a gift shop, and an extensive library collection. The exhibits range from ``Murray'' the mastodon, a set of 2-million-year-old mastodon bones discovered in northern Nevada, to modern abstract paintings. Every year 18,000 people from all parts of the country visit the museum. Children from five counties make field trips here to learn about Nevada, wildlife, and history. The museum also runs educational programming and hosts community events, making it one of northern Nevada's most treasured establishments.

Last year, the Northeastern Nevada Historical Society was accepted into the prestigious Museum Assessment Program, which is an intense yearlong improvement process with three phases. In the first phase museums receive guidance from the American Association of Museums, AAM, in the form of written documents to help them asses their own effectiveness and areas for improvement. In the second phase, the museum is peer-reviewed through a visit by a surveyor. Together, the museum staff and surveyor design an improvement plan for the museum, which is implemented in the third phase of the program.

The dedicated staff at the historical society worked tirelessly throughout the first few months of this year to complete the self- assessment portion of the MAP program. Recently, they received a visit from a surveyor, with whom they developed a thorough museum improvement plan. Throughout this process, the historical society has shown the utmost dedication to meeting the highest standards in museum excellence.

I am very thankful to the Northeastern Nevada Historical Society Museum for its work preserving Nevada's history. I have lived in Nevada all of my life and have been deeply influenced by our unique culture and history. The historical society aims to capture this culture and history and share them in a way that is engaging and educational. I am pleased to see that the American Association of Museums has recognized this goal and will be supporting the Northeastern Nevada Historical Society Museum in furthering it. The museum's commitment to the communities it serves is evidenced by its choice to participate in such a rigorous improvement program. I commend the Northeastern Nevada Historical Society for its dedication and look forward to its contribution to Nevada's communities for many years to come.

Mr. President, following leader remarks, the Senate will be in a period of morning business, with Senators allowed to speak therein for up to 10 minutes each.

There will be no rollcall votes today. Our next vote will be a week from Monday at about 5:30. We will have a number of votes--we hope two or three, but at least we will have one.

We finished a difficult bill yesterday, the supplemental appropriations bill. It was tedious, but it was done very well. Senators Inouye and Cochran did an outstanding job. Members from both sides with strong feelings were able to compromise on a number of issues and allow us to finish this bill. The same thing happened--it took a little longer--on the Wall Street reform bill. Both of those pieces of legislation are now in conference.

We are going to await the action of the House before we can determine the direction of what we do with the extenders bill, the jobs bill. I will have some meetings during this coming week to determine how we will change the bill we get from the House. I think the changes should not be major, but there will be some, and we have to work through that. I have spoken with the Republican leader, and we are going to have to have a number of amendments--not a large number, but we need to work through that, because the next work period is relatively short.

We don't have many speakers coming today, so the session should be relatively short.

I ask the Chair to announce morning business.

Mr. President, I ask unanimous consent that Senator Udall of New Mexico be authorized to sign the enrollment of H.R. 5128.

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

Mr. President, I rise to honor Judge James F. McKay III on his appointment as Honorary Counsel of Ireland of the State of Louisiana.

In addition to his public service as an appellate court judge on Louisiana's Fourth Circuit Court of Appeal and national leadership as president of the American Judge's Association, Judge McKay is widely known for his long and distinguished leadership and service to the Ancient Order of Hibernians at the national level. He served as the National Chairman of the 94th National Convention and was elected national treasurer of the Ancient Order of Hibernians, AOH, in 2008. He has held a variety of other leadership positions within AOH including: chairman of the Grievance Tribunals; chairman of the Constitution Revision Committee; chairman of the Home Fund; national board member and chairman of the 1992 national convention in New Orleans.

Judge McKay is the son of James F. McKay and Katherine Raphiel McKay and grew up in the Lakeview neighborhood of New Orleans. Along with his six siblings, he was educated by the Carmelite Sisters at St. Dominic School and remains active in the affairs of both St. Dominic School and St. Dominic Church, serving as a member of the Knights of Columbus St. Dominic Council. Judge McKay went on to graduate from De La Salle High

School and has served as a board member and past president of the De La Salle Alumni Association, as well as an advisor to the Christian Brothers.

Among his more notable civil contributions, Judge McKay has been president of the Fireman's Charitable and Benevolent Association, FCBA, since 2000. Founded in 1834, the FCBA was organized to care for the widows and children of volunteer firemen who died in the line of duty. The association built two cemeteries in New Orleans--Cypress Grove and Greenwood--as a mausoleum, funeral home, and corporate offices, were devastated following Hurricane Katrina in 2005 and would never have been rebounded if it were not for Judge McKay's efforts and leadership in the immediate weeks and subsequent years following the storm.

Service to the Irish has been a long-standing tradition in the McKay family, and Judge McKay, a native of New Orleans, has worked tirelessly to preserve the city's strong history of Irish culture. He is a longtime participant in the annual St. Patrick's Day parade in the world famous Irish Channel of New Orleans. He was among the leaders who helped erect the city's first monument to thousands of Irish immigrants who died of yellow fever, malaria, cholera, occupational hazards, and exhaustion while digging the New Basin Canal in 1831 to link Lake Pontchartrain to the inner city. As Louisiana's foremost Irish-American leader, he regularly receives public officials and notables from all of Ireland upon visiting New Orleans.

Judge McKay was elected to the Louisiana Fourth Circuit Court of Appeal in 1998. He served as a judge on the Criminal District Court in Orleans Parish from 1982-1989. He was the chief prosecuter for the Metropolitan Office of the Louisiana Attorney General from 1978 to 1982, and from 1974 to 1978, he served as an assistant district attorney for Orleans Parish. He received his juris doctorate in 1974 from Loyola Law School, worked as a probation and parole officer while studying the law, and graduated from the University of Southwestern Louisiana in 1969 with a bachelor of arts in History.

He has served on the board of governors of the American Judges Association since 1996 and as secretary and president-elect. He now presides as president of the association--an honor that was bestowed upon him at a ceremony in September of this year in my home city of Las Vegas, NV. Judge McKay also serves as a member of the American Bar Association, the Louisiana State Bar Association, the Fourth and Fifth Circuit District Judge's Association, and the St. Thomas Moore Law Society.

I also am grateful for my Washington DC, contact with the McKay family. Laurie McKay, the judge's daughter, is a longtime friend of the Reid family. In fact, some say she is part of our family.

Therefore, I am delighted to join with Judge McKay's family, including his wife of almost 40 years, Marie Soniat McKay, and their four children and five grandchildren in celebrating and honoring him on all of his accomplishments. I invite my colleagues to join me in officially congratulating Judge James F. McKay III on his appointment as Honorary Counsel of Ireland for the State of Louisiana, and wish him the greatest success in his endeavors.

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

Mr. President, as in executive session, I ask unanimous consent that on Monday, June 7, at 4:30 p.m., the Senate proceed to executive session to consider the following nominations on the Executive Calendar and that they be debated concurrently until 5:30 p.m., with the time equally divided and controlled by Senators Leahy and Sessions, or their designees: No. 730, Audrey Pleissig, district court judge, Missouri; No. 731, Lucy Koh, district court judge, California; No. 759, Jane Magnus-Stinson, district court judge, Indiana; that at 5:30 p.m., the Senate proceed to vote on confirmation of the nominations in the order listed; that upon confirmation, the motions to reconsider be considered made and laid upon the table; that the President be immediately notified of the Senate's action; that after the first vote, there be 2 minutes of debate, equally divided as described above, and after the first vote, the succeeding votes be limited to 10 minutes each; that upon disposition of the nominations, the Senate resume legislative session.

Mr. President, I ask unanimous consent that the Senate proceed to executive session to consider, en bloc, the following nominations: 909, 910, 911, 912, 913, 914, 915, 918, 919, 920, 921, and 922, and all nominations on the Secretary's desk in the Air Force, Army, Foreign Services, Marine Corps, and Navy; that the nominations be confirmed, en bloc, the motions to reconsider be considered made and laid upon the table, en bloc; that any statements relating to the nominations be printed in the Record, as if read, the President be immediately notified of the Senate's action, and the Senate resume legislative session.

Mr. President, I ask unanimous consent that the Record remain open until 1:30 p.m. today for the introduction of legislation, submission of statements, and cosponsorships.

Mr. President, I ask unanimous consent that during the adjournment of the Senate, Senate committees may file committee- reported Legislative and Executive Calendar business on Friday, June 4, 2010, during the hours of 12 noon to 2 p.m.