Floor Statements

Mr. President, I ask unanimous consent that when the Senate completes its business today, it adjourn until tomorrow morning at 9:30 a.m., Friday, September 25; 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 then resume consideration of H.R. 3326, the Defense appropriations bill.

As I announced earlier tonight, Mr. President, there will be no rollcall votes during Friday's session of the Senate. On Monday, which is Yom Kippur, the most significant and highest Holy Day of those of the Jewish faith, we will not be in session. Therefore, the next vote will occur around 5:30 p.m., Tuesday, September 29.

As a reminder to all Senators, Paul Kirk will be sworn in as the new Senator from the State of Massachusetts, replacing Senator Kennedy. That will be at 3:30 tomorrow afternoon.

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

Mr. President, following leader remarks, there will be a period of morning business for 90 minutes, with Senators permitted to speak for up to 10 minutes each. The majority will control the first 45 minutes and the Republicans will control the final 45 minutes.

Following morning business, the Senate will resume consideration of the Interior Appropriations bill. Last night, I filed cloture on the bill and the substitute amendment. As a result, Senators must have their germane amendments filed at the desk prior to 1 p.m. today.

I also want to remind Senators there is a reception and buffet dinner in S. 211 tonight--that is the LBJ room--at 6 o'clock to celebrate Henry Clay in the Senate.

There is a wonderful story about a 150-year-old painting that was discovered. It is a magnificent painting, right outside these doors, and we will talk a little about that tonight. It is historic and a great way to recognize the success of this country over the years.

We will need to be out of session at 5:30 for the Senate reception room to be swept by the security folks. This event is hosted by the Senate Commission on Art, and our spouses will be expecting us to be on time.

I want to say also that 45 minutes of our time is going to be controlled by Democratic freshmen Senators. The American people are going to see here today the quality of the people who are new Senators--all successful prior to coming here, from many different walks of life, men and women. As I have watched these past 9 months the bringing of these men and women into Senate business, I am so impressed and understand how they did so well before coming here. Today, they are going to talk about health care.

As an example of the quality of our Senators--and I am not going to run through all the freshmen Senators--we have our Presiding Officer. The Presiding officer had a long and successful career before coming to the Senate as Attorney General of the State of New Mexico, as a long- time Member of Congress, and now as a Member of this body.

I had one of the pleasures of my life a month or so ago in being able to go to New Mexico and spend about an hour with the Presiding Officer's father--the historic Stewart Udall. What a wonderful visit we had. We talked about his brother Morris Udall, whom I had the good fortune of being able to serve with in the House of Representatives. I am sure that Morris Udall is beaming up in Heaven that his son Mark is now serving in the Senate.

What a quality group of people they are, and the American people are going to be seeing them in a few minutes as they talk about health care. I don't know what they are going to talk about with regard to health care, but I can almost bet that one of the things all these fine Senators are going to say is that we do not have as an option in health care to do nothing. The status quo will not work.

Because of the monopolistic handle the insurance company has on everything that happens--all the profits being made by the insurance industry, the pharmaceutical industry--the cost of health care is leaving 50 million American people uninsured, with many people losing their insurance. Today, 14,000 people will wake up in America with health insurance and go to bed without it. In the State of Nevada-- sparsely populated, relatively speaking--220 people will wake up this morning with health insurance and go to bed tonight losing it, 7 days a week.

I admire and appreciate the freshmen Senators speaking out on the need to do something about health care.

Mr. President, I ask unanimous consent that the time for morning business not begin until a quarter to 10.

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

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

Mr. President, I rise today to honor a good friend, Vivia Motsinger, on the recent celebration of her 90th birthday. A longtime resident of Washington, DC, Vivia's 90 years may best be characterized by her incredible work ethic, as well as her undying devotion to public service.

Vivia Motsinger was born the daughter of a shipbuilder in Portsmouth, VA, on September 20, 1919. Years later, Vivia's father moved the family to our Nation's Capital in order to work in the construction of government buildings. She went to school at Roosevelt High, where she graduated in 1935 at the age of 16. Tragically, 2 years later her father died, making teenaged Vivia the only breadwinner in her family. Grateful to have the aid of Social Security to supplement her meager earning power, Vivia started out her career working hard to assist her mother and younger sister.

Vivia's professional career saw her begin as a clerk at a naval gun factory during WWII. Later, she found employment as a stenographer and an administrative assistant at the U.S. Department of State. Mrs. Motsinger's final position, before she retired, was that of a Foreign Service worker. She is very proud of the accomplishments that she has made and grateful for her years of service to the Federal Government.

Vivia has been blessed with a loving family. She married a remarkable husband, who worked as an officer for the Central Intelligence Agency, and raised a son who is now employed by NASA. She loves her church, the Church of Jesus Christ of Latter Day Saints, and is proud to have become a member some 34 years ago. She has spent her years of retirement studying her heritage, a hobby which has driven her to become avidly involved with genealogy and research.

With her optimism and strong work ethic, Vivia represents the spirit of America. Despite challenging circumstances, she has achieved great things. I congratulate Vivia Motsinger on this her 90th birthday.

Mr. President, I rise today with my friend Senator Bingaman, a longtime champion on the issue of dropout prevention and improving graduation rates, to introduce the Graduation Promise Act-- comprehensive legislation to help improve graduation rates in this country and transform some of our lowest performing high schools. I am so pleased to be joined by Senators Dodd, Murray, Reed, Brown, Casey, Merkley, and Franken in introducing this legislation.

During the August recess, I was honored to welcome the Education Secretary, Arne Duncan, to Nevada. We held a meeting with education leaders, teachers, students, parents, and other stakeholders from across Nevada to discuss the issue of dropout prevention and turning around low performing schools.

In his remarks, Secretary Duncan said something that really put the issue of high school dropouts in perspective. Four years ago, he said, there were 36,000 ninth graders in Nevada. Last year, that same class of students, was down to 22,000 twelfth graders. Where, Secretary Duncan asked, did those other 14,000 students go?

Keeping those 14,000 Nevada students in school and on track to graduate from high school is why I have joined Senator Bingaman and my colleagues in this effort.

Of course this issue is not just a problem in Nevada; it is a nationwide crisis. Nearly one in three high school students in the U.S. fail to graduate. For African-American and Latino students, less than 50 percent complete high school on time. In total, approximately 1.3 million students drop out each year--that is more than 7,000 a day. For those that do graduate, fewer than half are fully prepared for college or the workforce.

These statistics confirm that millions of young Americans are being robbed of their best chances to succeed.

The social and economic implications of the dropout crisis are severe and lasting. Let me illustrate with data from Nevada's class of 2008-- the 14,000 Nevada students that Secretary Duncan referred to--those who started school with the class of 2008 but did not graduate with their peers.

These students will cost the State's economy an estimated $5 billion in lost wages over the course of their lifetimes. They will earn an average of almost $10,000 less each year compared to their classmates who finished high school. They are also more likely to become parents before they are ready, become incarcerated, or need public assistance.

This fate is particularly true of students concentrated in those high schools where 60 percent or fewer of the entering freshmen actually graduate as seniors 4 years later. Research shows that there are currently about 2,000 high schools across the Nation that collectively produce almost half of America's dropouts. Year after year, students in these schools fall further and further behind.

Where the United States once ranked at or near the top among industrial democracies in high school graduation rates, today we are 19th. In today's global economy, a high school diploma is the minimum qualification needed for jobs in the fastest-growing sectors. This situation is not only economically untenable, it is morally unacceptable.

Tackling the dropout crisis requires a comprehensive solution. As this is a nationwide problem, it requires a more robust role for the federal government. Since the No Child Left Behind Act, federal support for education has increased significantly. Yet despite these additional resources, less than 10 percent of federal education funding goes to our nation's high schools.

The legislation we introduce today would provide that needed support to struggling high schools across the country. The Graduation Promise Act would authorize $2.4 billion to create a ``High School Improvement and Dropout Reduction Fund'' in order to turn

around America's lowest performing high schools and ensure students graduate from high school ready for college or a career. The fund would support states and school districts as they develop comprehensive high school improvement systems.

In order to help those students who are most at risk of dropping out of school, federal resources would be directed to the lowest-performing schools. These resources would support proven school improvement activities and strategies based on each school's needs.

Schools across Nevada are already implementing proven strategies in the schools that need them the most--strategies like extending the school day or year; dividing large urban schools into smaller, more personal learning academies; expanding summer learning opportunities; or partnering schools with colleges and universities to allow high school students to take and receive credit for college-level courses.

At Valley High School in Las Vegas, the school that recently hosted Secretary Duncan, strategies like extended learning time, weekend and after-school enrichment, smaller learning communities, and magnet programs, turned the school around and will most certainly help more students graduate on time and ready for college or the workforce.

In the Clark County Schools District in southern Nevada, some of the most cutting-edge career and technical academies in the country have recently opened. These programs--in engineering and design, medical occupations and media communications--have been recognized for helping to increase graduation rates.

In northern Nevada, the Washoe County School District has teamed up with one of the local community colleges. The Truckee Meadows Community College High School now allows students to take a combination of college and high school courses, and they get credit on both levels. Not only do these students complete more challenging, college-level coursework, but they are laying the groundwork for success in college and the workforce.

The bottom line is that all of these strategies keep students engaged and help prevent them from dropping out. The Graduation Promise Act will allow schools to replicate these strategies so that all students can achieve their full potential. I hope my colleagues will join me in supporting this important bill.

Mr. President, I rise today with my friend Senator Bingaman, a longtime champion on the issue of dropout prevention and improving graduation rates, to introduce the Graduation Promise Act-- comprehensive legislation to help improve graduation rates in this country and transform some of our lowest performing high schools. I am so pleased to be joined by Senators Dodd, Murray, Reed, Brown, Casey, Merkley, and Franken in introducing this legislation.

During the August recess, I was honored to welcome the Education Secretary, Arne Duncan, to Nevada. We held a meeting with education leaders, teachers, students, parents, and other stakeholders from across Nevada to discuss the issue of dropout prevention and turning around low performing schools.

In his remarks, Secretary Duncan said something that really put the issue of high school dropouts in perspective. Four years ago, he said, there were 36,000 ninth graders in Nevada. Last year, that same class of students, was down to 22,000 twelfth graders. Where, Secretary Duncan asked, did those other 14,000 students go?

Keeping those 14,000 Nevada students in school and on track to graduate from high school is why I have joined Senator Bingaman and my colleagues in this effort.

Of course this issue is not just a problem in Nevada; it is a nationwide crisis. Nearly one in three high school students in the U.S. fail to graduate. For African-American and Latino students, less than 50 percent complete high school on time. In total, approximately 1.3 million students drop out each year--that is more than 7,000 a day. For those that do graduate, fewer than half are fully prepared for college or the workforce.

These statistics confirm that millions of young Americans are being robbed of their best chances to succeed.

The social and economic implications of the dropout crisis are severe and lasting. Let me illustrate with data from Nevada's class of 2008-- the 14,000 Nevada students that Secretary Duncan referred to--those who started school with the class of 2008 but did not graduate with their peers.

These students will cost the State's economy an estimated $5 billion in lost wages over the course of their lifetimes. They will earn an average of almost $10,000 less each year compared to their classmates who finished high school. They are also more likely to become parents before they are ready, become incarcerated, or need public assistance.

This fate is particularly true of students concentrated in those high schools where 60 percent or fewer of the entering freshmen actually graduate as seniors 4 years later. Research shows that there are currently about 2,000 high schools across the Nation that collectively produce almost half of America's dropouts. Year after year, students in these schools fall further and further behind.

Where the United States once ranked at or near the top among industrial democracies in high school graduation rates, today we are 19th. In today's global economy, a high school diploma is the minimum qualification needed for jobs in the fastest-growing sectors. This situation is not only economically untenable, it is morally unacceptable.

Tackling the dropout crisis requires a comprehensive solution. As this is a nationwide problem, it requires a more robust role for the federal government. Since the No Child Left Behind Act, federal support for education has increased significantly. Yet despite these additional resources, less than 10 percent of federal education funding goes to our nation's high schools.

The legislation we introduce today would provide that needed support to struggling high schools across the country. The Graduation Promise Act would authorize $2.4 billion to create a ``High School Improvement and Dropout Reduction Fund'' in order to turn

around America's lowest performing high schools and ensure students graduate from high school ready for college or a career. The fund would support states and school districts as they develop comprehensive high school improvement systems.

In order to help those students who are most at risk of dropping out of school, federal resources would be directed to the lowest-performing schools. These resources would support proven school improvement activities and strategies based on each school's needs.

Schools across Nevada are already implementing proven strategies in the schools that need them the most--strategies like extending the school day or year; dividing large urban schools into smaller, more personal learning academies; expanding summer learning opportunities; or partnering schools with colleges and universities to allow high school students to take and receive credit for college-level courses.

At Valley High School in Las Vegas, the school that recently hosted Secretary Duncan, strategies like extended learning time, weekend and after-school enrichment, smaller learning communities, and magnet programs, turned the school around and will most certainly help more students graduate on time and ready for college or the workforce.

In the Clark County Schools District in southern Nevada, some of the most cutting-edge career and technical academies in the country have recently opened. These programs--in engineering and design, medical occupations and media communications--have been recognized for helping to increase graduation rates.

In northern Nevada, the Washoe County School District has teamed up with one of the local community colleges. The Truckee Meadows Community College High School now allows students to take a combination of college and high school courses, and they get credit on both levels. Not only do these students complete more challenging, college-level coursework, but they are laying the groundwork for success in college and the workforce.

The bottom line is that all of these strategies keep students engaged and help prevent them from dropping out. The Graduation Promise Act will allow schools to replicate these strategies so that all students can achieve their full potential. I hope my colleagues will join me in supporting this important bill.

Mr. President, following leader remarks, there will be a period of morning business for 1 hour, with Senators permitted to speak for up to 10 minutes each. The Republicans will control the first half, the majority will control the final half-hour.

Following morning business, the Senate will resume consideration of H.R. 2996, the Interior appropriations bill. At 12 o'clock, the Senate will proceed to a vote in relation to the Feinstein amendment. The Senate will then recess from 12:30 to 2:15 p.m. for the weekly caucus luncheons.

The official Senate photograph of the 111th Congress is at 2:15 p.m. today. Senators should be seated at their desks in the Chamber promptly at 2:15.

Several things. No. 1, on the Interior appropriations bill, today is the day for Members to offer amendments. They had Thursday, yesterday, and today, so this is the time they should act because I am not sure what we will do after today, but we are not going to spend more time on this bill. We shouldn't, at least. I hope we don't have to because we have to get to the Defense appropriations bill at the earliest possible date.

As to the photograph, normally what we do is we come in and convene at 2:15 and recess until the photograph is completed, and that is what we will do today, more than likely.

I would also say that, as we speak, the Finance Committee has been involved in a markup of that important piece of legislation for 1 hour now. They started at 9 o'clock. They probably will only make opening statements this morning before the weekly caucus luncheons. After that, the amendment process will start.

There will be a decision made, hopefully within the next several days, as to how we will proceed on this legislation. It is my hope we will have a bill reported out of that committee that will be brought to the floor, and then my responsibility will be to meld that bill with the HELP bill so we can have a piece of legislation on the Senate floor in the near future.

This is an important step in the process. It is a step I am confident will bring results that will be favorable to the country. If we can't work this out--to do something within the committee structure--then we will be forced to do the reconciliation. Of course, that will be a last resort. I know a number of steps we can take before we do that, but a reconciliation bill is there for us. It was put there by the Budget Committee.

If we can't come up with a bipartisan bill with the help of a few Republicans, then we will have to go the route of reconciliation. On reconciliation, under the order, there is only 20 hours of debate. It would be a free amendment process, which would take some time. We have done reconciliation on many different issues in recent years. We have done it on a number of health care issues, including the Medicare legislation. But it remains to be seen as to whether we will have to do reconciliation. I am confident and hopeful we won't have to do that but only time will tell.

I would also say, we have scheduled the recess for the Columbus Day week. The reason that is done is because if we don't have that break, there would be 11 weeks until Thanksgiving and that is difficult. The Senate has changed over the years. Many Senators' families are in places other than Washington and 11 weeks is difficult not to have a week you can go home. But whether we will be able to keep that whole week depends a lot on when we get to health care legislation. It is obvious that if we are in the middle of health care, we can't take a recess for 1 week. So we will see as time goes on.

We have CBO scoring and that will take a little bit of time and there are always difficulties that arise when you have a major piece of legislation such as this. But the schedule is as we have outlined it. We have given all interested parties the days that there will be no votes, and we do have that week scheduled now for a recess, but when that was done, we did it indicating it may not come to be. It is according to what happens with the schedule.

We have a number of must-do things, and hopefully some of those will be done before the end of the month. We have to make a decision on the highway bill, we have postal reform, and we have a continuing resolution because we won't be able to complete all the appropriations bills prior to the end of the month. So there are a lot of things to do, and we will do our best to get them all done.

Mr. President, what is the matter before the Senate?

I ask unanimous consent that the amendment be set aside, and at this time I call up amendment No. 2494.

I ask unanimous consent that the reading of the amendment be dispensed with.

Mr. President, I offer this amendment to address a crisis affecting Native Americans served by the Indian Health Service's Schurz Service Unit in Nevada.

This amendment to H.R. 2996, the Interior, Environment and Related Agencies Appropriations Act, would direct the Indian Health Service to use any unobligated contract health service funds from fiscal year 2009 to pay the Service's obligations to private health providers who have treated Nevadans. The Service's Schurz Service Unit administers contract health funds for thousands of eligible Indian beneficiaries who receive care from the Fallon Tribal Health Center, Reno-Sparks Health Center, Pyramid Lake Health Center, Walker River Paiute Health Clinic, and other tribal health clinics and stations.

I understand that it may difficult to coordinate care and referrals where the

Indian Health Service administers contract health funds and the tribes enter Federal contracts or compacts to provide all other health services. But this arrangement does not relieve the Indian Health Service of its responsibilities--to provide timely responses and communications between patients, primary physicians, private health providers and specialists; to ensure that proper procedures and payment schedules are followed at the Indian Health Service Unit or the Phoenix Area Office or by the State of Nevada and private providers; and to complete payments and reimbursements in a timely and business-like manner. At the Schurz Service Unit, these responsibilities have not been fulfilled, and individuals have suffered because they have been denied care or decided not to seek care because they could not pay for the service.

This amendment would provide immediate relief for some of the problems identified by the Indian Health Board of Nevada, tribal leaders, and private health providers. It would direct the Indian Health Service to pay outstanding contract health obligations incurred by the Schurz Service within 90 days of enactment of this bill. Briefly, these obligations cover debts that the Indian Health Service has approved and date from fiscal years 2000, 2005, 2006, 2007, 2008 and 2009. The oldest obligations, those before October 1, 2008, total less than $1.4 million, while the current fiscal year includes more than $5 million in outstanding bills. There are hundreds of providers who have not been paid for services rendered--services that the Indian Health Service has determined should be paid.

In my home State, Native Americans rely on private and community health providers for a range of services. These providers are critical components in our Indian communities' network of health care. And, unlike other Indian Health Service Units in the Phoenix Area Office, there are no Indian Health Service hospitals in Nevada and Nevada's Indians are expected to travel to the Phoenix Indian Medical Center to be treated for serious health care problems. We must work with private providers so they continue to serve IHS-eligible patients and prevent further erosion of the health care network serving some of our most vulnerable citizens.

I will continue to fight for our Native Nevadans and health providers who are valued members of Indian country's health care team. This amendment does both, by helping the Indian Health Service deal with a critical problem at the federally operated service unit in Schurz and by honoring its obligations with our private care providers. And I believe that by directing this one-time payment, the Indian Health Service, working with tribes and health providers, will be able to implement necessary procedural and structural changes to better coordinate care and manage contract health funds for fiscal year 2010.

Mr. President, I ask unanimous consent to set aside the amendment for Senator McCain.

Madam President, this will be the last vote of the evening. I will file cloture tonight on this bill and, hopefully, we can move immediately to the Defense appropriations bill.

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

Mr. President, are we in a period of morning business?

I ask unanimous consent that we terminate morning business and move to the legislation that is before the Senate.

Mr. President, I have a cloture motion at the desk on the substitute amendment.

Mr. President, I have a cloture motion at the desk with respect to the bill.

Mr. President, I ask unanimous consent that the mandatory quorums required under rule XXII be waived.

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

Mr. President, I ask unanimous consent that when the Senate completes its business today, it adjourn until 9:30 a.m. tomorrow, Wednesday, September 23; that following the prayer and the 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 90 minutes, with Senators permitted to speak therein for up to 10 minutes each, with the majority controlling the first 45 minutes and the Republicans controlling the second 45 minutes; that following morning business, the Senate resume consideration of Calendar No. 98, the Interior appropriations.