Floor Statements

Madam President, I rise today to show my profound appreciation for the actions of five young Americans who comprise this year's School Safety Patrol Lifesaving Award recipients as chosen by the American Automobile Association.

In 1920, the American Automobile Association, AAA, began the School Safety Patrol Program in hopes of promoting traffic safety amongst school children. The AAA School Safety Patrol Program has been awarding its highest honor, the Lifesaving Award, to those patrollers who have acted to save the life of another since 1949. This year, five heroic school safety patrollers are receiving this award, and it is my great honor to recognize their courageous actions.

Ian Valles, a sixth grader from Heights-Murray Elementary School in Wilkes-Barre, PA, bore witness to a tragic accident the morning of January 9, 2009. While standing at a busy intersection, Ian witnessed a van strike adult crossing guard Edward Martin, who jumped in front of the van to save a mother and child in its way. Ian stayed calm and called 911 with a cell phone, staying by Mr. Martin's side until he was safely taken to the hospital by paramedics. Ian's heroism along with his calm composure saved the life of Mr. Edward Martin.

On April 20, 2009, Lauren Micolichek prevented a young girl at South View Elementary in Chippewa Falls from being struck by a fast approaching car about to make a left turn into the crosswalk. Lauren thought quickly when she saw the student walking toward the crosswalk and saved her life by shouting ``wait.'' Her immediate response to the situation prevented the young girl from being hit by the vehicle.

Charles Tate, a fifth grade safety patroller from Second District Elementary School in Meadville, PA, also demonstrated quick action when he saved a kindergarten student from crossing an intersection. The kindergartner began to cross the intersection while a large truck came down the road. Charles ran into the middle of the road and swiftly grabbed the student by his shirt, keeping him out of harm's way.

Michael Grady, a student at Defer Elementary School in Grosse Pointe Park, MI, responsibly checked both intersections before allowing a group of students to cross. He noticed a car moving toward the students and courageously placed himself in front of the group with his arms outstretched, diligently responding to the incident before the car reached them. Thanks to his prompt actions, Michael prevented a tragedy.

Jerome Manning was patrolling at the same elementary school in Michigan the morning of January 12, 2010. Jerome had been assisting the children as they crossed the intersection when he spotted a vehicle speeding toward a student. Jerome's alertness enabled him to grab the boy by his backpack before the car could hit him. His alertness saved the child from the car by about 6 inches. Jerome's quick actions have made him a hero in his community.

These five heroic individuals epitomize values of leadership qualities such as courage, alertness, and a commitment to safety. Moreover, these traits are what the AAA School Safety Patrol Program embodies as an institution. Patrollers exemplify the kind of services that are needed so that young people safely navigate traffic hazards to and from school. I applaud their commitment to positively impacting our community.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, the signing of the Patient Protection and Affordable Care Act was historic. In addition to providing coverage and lowering health insurance costs for millions of Americans, the legislation will truly transform how care is delivered in the United States. As part of this new law, we are improving Medicare for the seniors and people with disabilities who depend on the program, extending the solvency of the program, and closing the prescription drug doughnut hole.

The Patient Protection and Affordable Care Act creates the Independent Payment Advisory Board, IPAB. The Finance Committee, led by Chairman Baucus and Senator Rockefeller, devised the board to provide reason and expertise to Medicare payment policy. Experts have concluded that the board will in fact bend the cost curve, achieving key goals of health reform: lowering costs overall and increasing Medicare's longevity.

Built into the IPAB are protections for beneficiaries from limits on care and increased costs. The Senate will ensure that the new board operates in a transparent way with input from patients, providers, and experts to guarantee the best outcomes and continued access to care. Moreover, we in the Senate will oversee Medicare and the IPAB to protect the seniors and people with disabilities. Medicare is one of our most treasured programs, and the IPAB will only improve the program for beneficiaries in the future.

Mr. President, I rise today to recognize the ninth annual Cowboy Poetry Week, which will be celebrated from April 18 to 24, 2010. Across the Western States, in public libraries, museums, and over the airwaves, cowboy poets and cowboy poetry enthusiasts will come together to celebrate the spirit of the West through this unique art form. What began as storytelling over the campfire has evolved into both a way to preserve the history and culture of the West, as well as a modern art form that embraces the cowboy way of life.

The National Cowboy Poetry Gathering, in Elko, NV, celebrated its 26th anniversary this January. Through events like this, cowboy poetry has experienced a resurgence in recent years, at once preserving recitation traditions that are a central form of artistry in communities throughout the West and promoting popular poetry and literature to the general public. At cowboy poetry gatherings, urban populations are able to glimpse a way of life that continues to exist on rangelands across the West.

As someone from a small town in Nevada, I have seen firsthand how the West has changed since I was young, but thanks to cowboy poets, among others, we will never lose the true spirit of the West. For this reason, I would like to thank the thousands of people out there in a few short weeks celebrating Cowboy Poetry Week, and I wish them all an enjoyable and successful week.

Madam President, today we will resume voting on amendments and motions to the health care legislation. Senators should expect a series of votes to begin momentarily.

Under a previous agreement, we will proceed to passage of reconciliation at 2 p.m. today. Other votes will still be possible with respect to short-term extensions of provisions that expire over the break, I should notify all Members.

Madam President, we need to move these amendments more quickly. We have an agreement. We want to make sure everyone continues working in good faith. I ask unanimous consent that all future votes, starting with this one, be 10 minutes, and we will only have 2 minutes for the penalty period, so to speak. After 12 minutes, the votes are going to be cut off. Everyone should understand.

I move to lay that motion on the table.

The motion to lay on the table was agreed to.

Mr. President, we have a few more items of business that must be taken care of, but I didn't want the time to go by without saying something to the American people.

We all know the importance of this legislation. It is a Thursday afternoon, about 2 o'clock. We are all tired. But this has been a legislative fight that will be in the record books. I am grateful for everyone who has worked on this to make this happen.

First of all, I have had a number of people on my staff who have worked very hard--Randy DeValk, who is kind of the resource of all the Senators, Republicans and Democrats. He is a utility man. He can do anything. He is a very accomplished, fine human being and a great person to have working for you.

Kate Leone has been such a stalwart in helping me work through these issues. We started this a number of months ago. We got together every week because I didn't know a lot about health care. She and I would sit and talk for an hour every week so I became more accomplished in knowing at least the framework of this legislation we looked forward to dealing with. I have so much appreciation for her. Like Randy, they left their families at home. She left her baby at home. A lot of the times, it was very difficult for a young mother to do that. I have such respect and admiration for her skill and her being such a nice person.

Bob Greenawalt, my tax guy, has done a remarkably good job--very quiet but someone whom everyone knows in the Senate. He is someone you can go to and get a straight answer.

Senator Baucus, the chairman of the Finance Committee, has had a tremendous burden. It has gone on for well more than a year. He has been criticized, he has been praised, but he has always been there trying to move this ball forward, always having the idea that we could get this done when a lot of people around him said, ``It can't be done.'' I personally appreciate Max Baucus and the good work he has done for these many years for the State of Montana, but in recent months America has come to know the great work he has done on this bill which is now law.

Tom Harkin--what a wonderful human being. When I had a very difficult election in 1998, no one called more often to find out how I was doing, both before the election and after the election. He is my friend. I care a great deal about him. He has some big shoes to fill, those of Ted Kennedy. He has been so easy to work with.

Chris Dodd--even though he was no longer running the committee because Senator Kennedy died, Tom Harkin never got involved in it. He left everything involved with health care that the committee had up to Chris Dodd. It worked out well. We were able to do reconciliation, and he moved into something for which he has such great passion, and that is education. So thank you very much.

Kent Conrad and I came to the Senate together. When the history books are written, there will certainly be a chapter or two or three talking about a person who over the years has come to know more about the finances of this country than any other human being--anyone. He and I are friends. He is the reason we are here now with so little controversy on these points of order. He has been someone whom you can really, because he is such a perfectionist--frankly, he can really get on your nerves. He is someone who always wants to make sure that the ``i'' is dotted and the ``t'' is crossed. I am so grateful we are able to be where we are as a result of the good work of this honorable man from the State of North Dakota.

Finally, I have seen this man shed tears on so many occasions in the last few months. Why? Because his pal is no longer in the Senate, his buddy, his soulmate. There could not be two better friends than Ted Kennedy and Chris Dodd. I don't know how you can be better friends than they were to each other. He has done such a good job filling in for Ted Kennedy. I know we want to get to this vote, but I love Chris Dodd. He is such a wonderful person, and his family is remarkably good. He got home at quarter to 4 this morning, and Grace woke him up at 5 to tell her story.

Chris, thank you very much for what you did.

Moment of Silence

I think it would be very appropriate, and I hope I do not offend anyone--if I do, I certainly do not mean to--I think it would be very appropriate right now to have a moment of silence for our departed friend, one of the great Senators in the history of this country, Ted Kennedy.

I ask the Chair to direct that moment of silence.

Mr. President, I ask that when the vote is called, Senators vote from their desks.

Mr. President, I move to reconsider the vote.

I suggest the absence of a quorum.

Through the Chair, I would ask if my friend would yield for a question?

Could the Senator give us an idea of how long he is going to talk?

I say to my friend from Oklahoma, he has not put me in an awkward position at all. We would have been happy just to vote on this.

That being the case, what I will do--and I alert everybody we are not going to rush this, so people will have time to get here--I move to table the motion to proceed.

I ask for the yeas and nays.

Madam President, I ask unanimous consent that, at a time to be determined by the majority leader following consultation with the Republican leader, the Senate proceed to Calendar No. 323, H.R. 4851, and that when the bill is considered, it be under the following limitations: that general debate on the bill be limited to 2 hours, with all time equally divided and controlled between the two leaders or their designees; that the only amendments in order be the following, with no motions to commit in order, and that the amendments be subject to an affirmative 60-vote threshold; that if the amendments achieve that threshold, then they be agreed to and the motion to reconsider be laid upon the table; that if they do not achieve that threshold, then they be withdrawn: Baucus amendment, partial offset; McConnell or designee, full offset; that debate on each amendment be limited to 60 minutes each, with the time equally divided and controlled in the usual form; that upon disposition of the listed amendments, the bill, as amended, if amended, be read a third time and the Senate then proceed to vote on passage of the bill.

Madam President, I regret that my Republican colleagues have once again objected to giving out-of-work Americans the unemployment and health benefits they need.

Since they have evidently forgotten, I remind them that unemployment is high in every one of our States--it is over 13 percent in Nevada-- and 10 percent nationwide.

I understand that Republicans are upset they didn't get their way. I know they are disappointed that Democrats have listened to the American people, and that we succeeded in finally delivering the change our citizens have demanded and deserved for decades.

But Republicans should not take out their anger on the least fortunate, which is exactly what they are doing by objecting to these extensions. They should not kick the unemployed while they are down.

Several Republicans said this week that after health reform became law, they would retaliate by not cooperating with Democrats for the rest of this year. I will trust the American people to judge whether that threat was made in their best interests or in the interests of a political party.

So far, Republicans have made good on that promise by refusing to let committees meet--including, inexplicably and inexcusably, a committee hearing yesterday on police training in Afghanistan.

Republicans then offered amendments to the final health bill on such irrelevant topics as gay marriage and foreign embassies.

And now they are using the unemployed as political pawns. They even objected to holding a vote on their own proposal for this extension.

That is such an unfortunate posture, and such an irresponsible response.

Let us put the other side's newfound principles in perspective:

They refuse to pay the bill for two ongoing wars.

They refuse to pay the bill for entitlement expansions, like their prescription drug program.

They refuse to pay for the bill for the tax giveaways they gave to multimillionaires who don't need them and didn't ask for them.

But while one out of 10 Americans struggles to pay his or her own bills while trying to find a full-time job, Republicans have suddenly found religion.

These objections are not only disingenuous. They are dangerous.

I hope they can muster the compassion to help families in every one of our States make ends meet for just a few weeks.

I suggest the absence of a quorum.

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, I move to proceed to Calendar No. 323, H.R. 4851, and I send a cloture motion to the desk.

Mr. President, I am soon going to call up an adjournment resolution. But there has always been a misunderstanding as to what an adjournment resolution is. The mere fact we are going to adopt an adjournment resolution tonight does not mean we are going to run to the airports tonight. We have, under this adjournment resolution, the ability to work past tonight, and we are going to do that. We are going to be in a period of morning business tomorrow from 9:30 to 12:30. We are going to be talking about the unemployment compensation extension. That time is going to be equally divided. There is going to be some time spent tonight after this adjournment resolution is adopted, until about 9 or 9:30, talking about unemployment compensation.

So I want everyone to understand, the fact that this adjournment resolution is adopted does not mean we are all leaving here tonight. In fact, we have until Wednesday under the adjournment resolution.

Mr. President, I now call up the adjournment resolution and ask for the yeas and nays on adoption of the concurrent resolution.

Mr. President, I ask, has this matter been seconded?

Mr. President, I rise today with my good friend Senator Ensign to introduce the Elko Motocross and Tribal Conveyance Act of 2010.

As you may know, the Federal Government manages more than 87 percent of the land in Nevada, which equates to more than 61 million acres. This fact makes it necessary for our communities to pursue Federal remedies for problems that can be handled in a much more expeditious manner in States that have more private land than we do. This bill, for instance, would transfer one small parcel of land to Elko County and another to the Elko Indian Colony. Both conveyances will provide important benefits to the residents of northeastern Nevada, and both conveyances require congressional action.

The first title of this Act would convey approximately 300 acres of public land managed by the Bureau of Land Management, BLM, Elko Field Office to Elko County. This proposal, which is strongly supported by the local community, would clear the way for the construction of a BMX, motocross, off-highway vehicle, and stock car racing area. It is worth noting that Elko County tried for many years to work

through the normal administrative process to get a recreation and public purposes lease on this land, but the local BLM field office has been unable to process the request due to a very high workload.

Off-road vehicles are an important part of life in rural Nevada. In response to this interest, Elko County has attempted to provide a variety of motorized recreational opportunities for both residents and visitors. This legislation will help the City of Elko develop a centralized, multipurpose recreational facility on the western edge of the city with easy access to Interstate-80. The new Elko Motocross Park will eliminate traffic and noise issues caused by the existing stock car racing track. The new park will also draw OHV enthusiasts from across northeastern Nevada, which will, in turn, provide an economic boost to local businesses.

Beyond the convenient location, economic benefits, and potential for diverse recreational opportunities at the Elko Motocross Park site, this new complex will provide a place for people to learn responsible use and enjoyment of recreational vehicles. I believe this facility will be a model for other communities in the West that are interested in creating safe, centralized recreation areas for motorsports. I would also like to commend Elko County, the State of Nevada, the Nevada Association of Counties and many others for working together on recent statewide initiatives that will encourage the sustainable use of off- highway vehicles on public lands.

Title II of this Act directs the Secretary of the Interior to make a reasonable expansion of the Elko Indian Colony by taking approximately 373 acres of land into trust for the Elko Band to address their need for additional land. The Elko Band is one of four constituent bands that make up the Te-Moak Tribe of Western Shoshone Indians of Nevada. Each band has a separate reservation or colony in northeastern Nevada. While the Elko Band's population has steadily grown, their land base has remained the same for over 75 years.

The histories of the City of Elko and the Elko Indian Colony have long been intertwined. Elko was established as a railroad town in 1868 with the construction of the Central Pacific, part of the first transcontinental railroad. Shoshone families lived nearby and worked on the railroad as well as in the nearby mines and on local ranches. Despite government efforts to relocate the Elko Band in the late nineteenth century, these families persevered and remained in the Elko area. In 1918, President Woodrow Wilson created the Elko Indian Colony when he reserved 160 acres near Elko for the Shoshone Indians by executive order.

The Elko Indian Colony has always been a thriving part of the greater Elko community. Unfortunately, while more than half of the Elko Band's enrolled members live and work in Elko, the Elko Colony has one of the smallest land bases of the four constituent bands. Over 350 tribal members must live outside of the colony because it lacks land for additional housing and housing related community development. Our legislation would address this need by making land available for residential and commercial development, or for traditional uses, such as ceremonial gatherings, hunting and plant collecting.

I also want to highlight that this legislation is designed to protect the city's rights-of-way that cross the land in question. We have also received letters expressing strong support for this tribal conveyance from both the City of Elko and Elko County.

It is always encouraging when communities come together to support projects like these and we are grateful for their collective work on this effort. This bill is vital to the growing communities we serve. We look forward to working with Chairman Bingaman, Ranking Member Murkowski and the other distinguished committee members to move this bill through the process.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I rise today with my good friend Senator Ensign to introduce the Elko Motocross and Tribal Conveyance Act of 2010.

As you may know, the Federal Government manages more than 87 percent of the land in Nevada, which equates to more than 61 million acres. This fact makes it necessary for our communities to pursue Federal remedies for problems that can be handled in a much more expeditious manner in States that have more private land than we do. This bill, for instance, would transfer one small parcel of land to Elko County and another to the Elko Indian Colony. Both conveyances will provide important benefits to the residents of northeastern Nevada, and both conveyances require congressional action.

The first title of this Act would convey approximately 300 acres of public land managed by the Bureau of Land Management, BLM, Elko Field Office to Elko County. This proposal, which is strongly supported by the local community, would clear the way for the construction of a BMX, motocross, off-highway vehicle, and stock car racing area. It is worth noting that Elko County tried for many years to work

through the normal administrative process to get a recreation and public purposes lease on this land, but the local BLM field office has been unable to process the request due to a very high workload.

Off-road vehicles are an important part of life in rural Nevada. In response to this interest, Elko County has attempted to provide a variety of motorized recreational opportunities for both residents and visitors. This legislation will help the City of Elko develop a centralized, multipurpose recreational facility on the western edge of the city with easy access to Interstate-80. The new Elko Motocross Park will eliminate traffic and noise issues caused by the existing stock car racing track. The new park will also draw OHV enthusiasts from across northeastern Nevada, which will, in turn, provide an economic boost to local businesses.

Beyond the convenient location, economic benefits, and potential for diverse recreational opportunities at the Elko Motocross Park site, this new complex will provide a place for people to learn responsible use and enjoyment of recreational vehicles. I believe this facility will be a model for other communities in the West that are interested in creating safe, centralized recreation areas for motorsports. I would also like to commend Elko County, the State of Nevada, the Nevada Association of Counties and many others for working together on recent statewide initiatives that will encourage the sustainable use of off- highway vehicles on public lands.

Title II of this Act directs the Secretary of the Interior to make a reasonable expansion of the Elko Indian Colony by taking approximately 373 acres of land into trust for the Elko Band to address their need for additional land. The Elko Band is one of four constituent bands that make up the Te-Moak Tribe of Western Shoshone Indians of Nevada. Each band has a separate reservation or colony in northeastern Nevada. While the Elko Band's population has steadily grown, their land base has remained the same for over 75 years.

The histories of the City of Elko and the Elko Indian Colony have long been intertwined. Elko was established as a railroad town in 1868 with the construction of the Central Pacific, part of the first transcontinental railroad. Shoshone families lived nearby and worked on the railroad as well as in the nearby mines and on local ranches. Despite government efforts to relocate the Elko Band in the late nineteenth century, these families persevered and remained in the Elko area. In 1918, President Woodrow Wilson created the Elko Indian Colony when he reserved 160 acres near Elko for the Shoshone Indians by executive order.

The Elko Indian Colony has always been a thriving part of the greater Elko community. Unfortunately, while more than half of the Elko Band's enrolled members live and work in Elko, the Elko Colony has one of the smallest land bases of the four constituent bands. Over 350 tribal members must live outside of the colony because it lacks land for additional housing and housing related community development. Our legislation would address this need by making land available for residential and commercial development, or for traditional uses, such as ceremonial gatherings, hunting and plant collecting.

I also want to highlight that this legislation is designed to protect the city's rights-of-way that cross the land in question. We have also received letters expressing strong support for this tribal conveyance from both the City of Elko and Elko County.

It is always encouraging when communities come together to support projects like these and we are grateful for their collective work on this effort. This bill is vital to the growing communities we serve. We look forward to working with Chairman Bingaman, Ranking Member Murkowski and the other distinguished committee members to move this bill through the process.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, today the Senate will resume consideration of H.R. 4872, the Health Care and Education Reconciliation Act. Rollcall votes are expected to occur throughout the day. The vote-a- rama, as it has become known, will begin sometime this afternoon.