Floor Statements

I now ask unanimous consent that the Senate proceed to executive session to consider Calendar No. 132, the nomination of William Sessions, to be chairman of the United States Sentencing Commission.

I now send a cloture motion to the desk.

I ask unanimous consent that the mandatory quorum be waived and the Senate now resume legislative session.

I now ask unanimous consent that on Wednesday morning, October 21, following the period of morning business, the Senate proceed to executive session to consider Calendar No. 469, the nomination of Roberto Lange to be U.S. District Judge for the District of South Dakota; that debate on the nomination be limited to 2 hours equally divided and controlled between Senators Leahy and Sessions or their designees, with the vote on confirmation occurring at 2 p.m.; that upon confirmation, the motion to reconsider be considered made and laid on the table, no further motions be in order, the President be immediately notified of the Senate's action, and the Senate then resume legislative session.

Mr. President, I ask unanimous consent that the Senate proceed to the consideration of S. 1818.

Mr. President, I ask unanimous consent that the bill be read three times and passed, the motion to reconsider be laid upon the table, there be no intervening action or debate, and any statements relating to this bill be printed in the Record.

Mr. President, I ask unanimous consent that when the Senate completes its business today, it adjourn until 9:30 a.m. tomorrow, October 21; that following the prayer and pledge, the Journal of proceedings be approved to date, the morning hour be deemed expired, the time for the two leaders be reserved for their use later in the day, and the Senate proceed to a period of morning business for 2 hours, with Senators permitted to speak for up to 10 minutes each, with the time divided and controlled between the two leaders or their designees, with the Republicans controlling the first half and the majority controlling the final half; that following morning business, the Senate proceed to executive session as provided for under the previous order.

Mr. President, Senators should expect two rollcall votes tomorrow at around 2 p.m. The first vote will be on the confirmation of Roberto Lange to be a U.S. district judge for the District of South Dakota. We anticipate setting up a second vote which would be on the motion to invoke cloture on the motion to proceed to S. 1776, the Medicare Physicians Fairness Act.

Mr. President, if there is no further business to come before the Senate, I ask unanimous consent that it adjourn under the previous order.

Mr. President, fixing a system so badly damaged by decades of mismanagement and manipulation is not an easy task. It is no secret that health care is no exception.

We are not doing it simply to keep us busy; that is, legislate on health care. We have a bevy of other backbreaking problems that have piled up over the past 8 years--everything from energy, to education, to Wall Street abuses--only to be passed on to this Congress and the Obama administration.

Nor are we doing it because the health insurance industry wants us to do it; just the opposite. In fact, they are doing all they can to protect their reckless policies and raging profits.

We are doing this legislating on health care because the American people demand that we do it. Families of all backgrounds and from every State are counting on us to act. Last November, it was one of the primary reasons they called on Democrats to correct our country's course.

The American people are closely watching this debate. They are listening to the policies being proposed, and they can see the strategies employed toward those ends. They are watching, and here is what the American people are saying in response: Nearly two-thirds of them know Republicans are not working in good faith with Democrats to reform America's broken health insurance system.

They are right. While we have made every effort to create a good bill that can earn the support of as many Senators as possible, Republicans have made every effort to stop any bill, regardless of what is in that bill.

How do we know this? We know this because Republicans have offered no ideas for reform. We know this because while they talk in the abstract about proposals, they have yet to offer any of their own. But, most of all, we know this because Republicans say it themselves.

In August, the junior Senator from Arizona predicted that almost all Republicans would oppose health insurance reform, regardless of any concessions Democrats made.

Then the senior Senator from Oklahoma said--and I quote--

I don't have to read it, or know what's in it. I'm going to

oppose it anyways.

Then I opened this morning's Roll Call newspaper--this newspaper that covers Congress--and read a disturbing headline, one that confirms what nearly two-thirds of the American people already know and should convince the rest. It reads: ``GOP Launches Strategy to Trip Up Health Bill.''

If Republicans truly want to legislate, shouldn't this headline read ``GOP Launches Strategy to Improve Health Bill''? Wouldn't we all benefit from the GOP launching a strategy to strengthen the health bill? Wouldn't it be better for the millions who fear losing their health insurance, and for the millions who do not have any to begin with, if we would open the morning newspaper and read even this: ``GOP Launches Strategy to Contribute to Health Bill''? But, no, none of that.

The truth is that they have no interest in improving or contributing to health reform and strengthening it or contributing to its improvement in any way. Instead, Republicans have one strategy--and one strategy alone--support the broken status quo.

Republicans want to ``trip up'' our plan to protect what works about the system, fix what does not, and help the middle class get ahead. That is because they do not mind the fact that insurance companies can deny you coverage when you need it the most or because you have a preexisting condition, defined as anything from high cholesterol to hay fever to heart disease to diabetes.

Republicans want to ``trip up'' our plan to stabilize health insurance for those who have it and help secure it for those who do not. That is because they think it is OK for insurance companies to raise your rates just for getting old or because your dad had prostate cancer or because you are a woman.

Republicans want to ``trip up'' our plan to keep the insurance industry honest and to protect Medicare. That is because they support a status quo that forces families fortunate enough to have health insurance to pay an extra $1,000 or more every year to cover all other families who have none.

Republicans want to ``trip up'' our plan to lower costs for families and make sure every American can afford good quality care that can never be taken away. That is because they simply do not have any ideas for helping the American people--even people in their own States--who are suffering so desperately.

Republicans will do everything in their power to stop reform this time because for many on the other side, there will never be a good time to reform health insurance.

That is not what our constituents sent us here to do, and that is not how to legislate.

I spent this past weekend in Nevada and heard firsthand from people who are suffering. Today we learned our State's unemployment rate rose again. One example: It is not a bunch of people out of work or people who do not have good jobs who are complaining about health insurance. I did an event in a hotel in Reno, NV--the largest and I think probably the most successful resort in northern Nevada. Of course, when I asked for questions, a number of the questions dealt with health care.

As I walked out, the owner of the property walked alongside of me and said: Senator, I want you to know that other than my cost for personnel--my wages for my employees--health care is the one issue that is so hurting my business, health insurance for my employees. I am going to keep it, but it is so difficult for me to do so.

Here is a man who has probably 1,500, 2,000 people who work for him. Think what it is like for someone who has 25 or 50 or 75 or 100 people. If someone who has the buying power of a couple thousand is having difficulty, think what it is like for people who do not have that buying power.

So this past weekend in Nevada, I really did hear from people who are suffering. Today, we learned that our State's unemployment rate rose again--another tenth of a percent. That tells me we do not have time to waste with people looking to ``trip up'' recovery. Instead, we need legislators willing to work with us toward solving problems.

Here is an opportunity. Republicans can show they are willing to do more than simply stand in the way. We are working this week to protect seniors' relationships with their doctors. One of the biggest fears of seniors is that their doctors will drop them, which is why we are proposing a bill to make sure doctors will continue to see their Medicare patients.

This is a very serious issue. It is not one that is made up. There are ads running around the country today. There is one that says: ``If You Don't Pass S. 1776, Seniors Will Lose.''

Seniors count on their doctors to get the care they need to

stay healthy. The Medicare Physician Fairness Act (S. 1776)--

That is the legislation I am talking about--

preserves the doctor-patient relationship and protects

seniors' access to their doctors. AARP is fighting to ensure

that doctors will continue accepting patients on Medicare.

Ninety percent of AARP members agree with this. This is a real problem. Because of some of the things done with Medicare legislation in the past, a number of doctors have decided they cannot afford to take Medicare patients. This will drive another 40 percent of the doctors away from Medicare. It will destroy Medicare. So it is important we work together to get something done to take care of this. That is because the status quo simply will not work.

We are working, as I said, this week to protect seniors' relationships with their doctors. One of their biggest fears is that their doctors will simply drop them, which is why we are proposing this bill to make sure doctors will continue to see Medicare patients.

Republicans have come to the Senate floor numerous times in recent weeks to demand that Congress protect seniors. This so-called doctors fix that AARP is running the ads about is an opportunity for Democrats and Republicans to work together to improve Americans' health. This time it is seniors' health.

The AARP has 40 million members. Nine out of 10 of them support this legislation--90 percent of them. I hope Republicans will listen to the very people whom they claim to defend and support--seniors.

While, generally speaking, the Republican strategy is disappointing, to say the least, it is not entirely surprising. After all, one Republican Senator--I do not know if he is speaking for the entire Republican Senate--is on record hoping health insurance reform will be President Obama's ``Waterloo.'' Nor is it inconsistent with the obstructionist tactics that have denied and delayed so many other important efforts to address so many of our critical challenges.

Democrats have been consistent in our efforts to reach across the aisle. In April of this year, just as the health care debate was beginning, I wrote my counterpart, Leader McConnell, to express my great hope that Republicans would work with us in this important and historic endeavor. We have an opportunity this week to fulfill that request I made. Here is what I wrote on that occasion:

In order for this bipartisan process to take root,

Republicans must demonstrate a sincere interest in

legislating. Rather than just saying no, you must be willing

to offer concrete and constructive proposals.

I concluded the letter by writing:

I hope your conference will recognize that this issue is

too important to be manipulated for political purposes.

So it is now about a half a year later. It is clear Republicans have not heeded our gesture. It is equally clear to the American people, two-thirds of whom readily recognize that Republicans have no interest in returning the favor--not in the least.

As former Senate Majority Leader Bob Dole said a few days ago--and I quote--

Sometimes people fight you just to fight you.

That might be true, but it will not be tolerated. Congress will not be sidetracked by those who devise strategies only to ``trip up'' progress, rather than to contribute in good faith. This country has no place for those who hope for failure.

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

Madam President, under my leader time, I yield to Mr. Lugar, the Senator from Indiana.

Following leader remarks, there will be a period of morning business for 2 hours. Republicans will control the first hour and the majority will control the second hour. Following morning business, the Senate will resume consideration of the conference report to accompany H.R. 3183, which is the Energy and Water appropriations bill. We hope to reach agreement that would allow us to yield back postcloture time and vote on the conference report this afternoon. We are also working on an agreement to consider conference reports on the Homeland Security bill and the Defense authorization bill. Senators will be notified when any votes are scheduled.

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

Mr. President, I move to proceed to Calendar No. 178, S. 1776 and, in the process, I send a cloture motion to the desk.

I ask unanimous consent that the cloture vote occur at 5:30 p.m., Monday, October 19, and that the mandatory quorum be waived; further that at 4:30 p.m. on Monday, there be 60 minutes of debate equally divided and controlled between the leaders or their designees prior to the 5:30 p.m. vote.

I now withdraw the motion to proceed.

I suggest the absence of a quorum.

I suggest the absence of a quorum.

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

Following leader remarks, there will be a period of morning business. It will be for 1 hour, with Senators permitted to speak for up to 10 minutes each during that time. The majority will control the first 30 minutes and Republicans will control the final 30 minutes. Following morning business, the Senate will proceed to consideration of the conference report to accompany the Energy and Water appropriations bill, H.R. 3183. Under the previous order, there will be 10 minutes for debate equally divided and controlled between the managers of the bill. I ask unanimous consent that there also be 10 minutes under the control of Senator Coburn and that the provisions under the previous order notwithstanding remain in effect.

Upon the use or yielding back of the 20 minutes for debate, the Senate will proceed to a cloture vote on the Energy and Water appropriations conference report. That vote is expected before noon today. The Senate will recess from 12:30 until 2:15 to allow for the weekly caucus luncheons.

I suggest the absence of a quorum.

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

Mr. President, S. 1776 is at the desk and due for a second reading; is that correct?

I object to any further proceedings.

Mr. President, I was a police officer during the time I was going to law school. I worked at night time. I have some knowledge of law enforcement. My brother Larry was a longtime officer for the sheriff's department in Las Vegas. That has now been

combined with the Las Vegas police department and is called the Clark County Metropolitan Police Department. The reason I mention that is anytime we see someone killed in the line of duty as a police officer, it is scary and sad. The men and women who protect us live with danger every day.

In Las Vegas, we had a police officer by the name of Milburn Beitel who is going to be buried today. His friends called him Millie. He was 30 years old. He died early last Thursday morning after his patrol car crashed at the intersection of Washington Avenue and Nellis Boulevard in Las Vegas. The officer with him is in very serious but stable condition. They expect him to live, thank goodness.

My thoughts and those of anyone within the sound of my voice and anyone who cares about law enforcement, which is everybody in America with rare exception, are with Officer Beitel's family, his friends and fellow officers. Our thoughts are also with the second officer, whom we wish a full and speedy recovery.

We also share the grief of the Las Vegas Metropolitan Police Department. This is the second time in 5 months that the department has lost one of its own. This past May, Las Vegas police officer James Manor, a husband and a brandnew father, was responding to a call in the same Las Vegas community where he grew up. He was struck by a drunk driver and killed. He was 28 years old.

Terrible events such as this one make us appreciate the selfless police officers who have fallen in the line of duty--far too many. We think of their loved ones, people whose father or mother went to work in the morning and never came home, those who know the terrible experience of mourning a son or daughter, those whose husband, wife, or best friend was taken from them too soon.

This morning, we are reminded of the bravery of those who go to work every day and put their lives at risk to protect people they don't know. We remember and honor Officer Beitel. We thank him and his fellow officers and their families for their service and sacrifice, not only the Las Vegas Metropolitan Police Department but police departments all over the country, for the valiant work they do, including the men and women who take care of this beautiful Capitol and protect us and the millions of visitors who come here every year.