Floor Statements

Senators with good intentions can disagree on issues. They can disagree with our Nation's leaders. But we should all be able to agree that the President and his Cabinet deserve a complete lineup when that team takes the field on the most important issues we face. The American people deserve the leaders they asked for in November when they demanded we clean up the mess the last administration left behind.

One of those key players is a man by the name of David Hayes, the man President Obama has nominated to be Deputy Secretary of the Interior. Mr. Hayes served successfully in this same position during the Clinton administration and understands better than probably anyone else what it takes to effectively run a department of about 70,000 people; that is, the Department of Interior. As Deputy Secretary of Interior, Hayes would work closely with our former colleague, Secretary Ken Salazar, on important decisions about many issues.

No two States understand the importance of the Secretary of Interior more than Alaska and Nevada. Eighty-seven percent of the State of Nevada is owned by the Federal Government. Alaska is second. Other States have large amounts of land controlled by the Federal Government and the Secretary of Interior, and consequently his deputy would have some say over it. Secretary Salazar must make important decisions about developing renewable energy resources that will create jobs, protecting our wildlife, preserving our public lands for future generations, and keeping our water clean and accessible. David Hayes will play a central role in correcting the mistakes of the past and making important decisions for the future.

The past 8 years of the Interior Department were marked by mismanagement and scandal. Secretary Salazar's Department has inherited the unenviable task of getting the American people to once again trust an agency that manages one-fifth of the Nation's landmass and 1.7 billion acres off our coasts.

The Department is also moving us forward in critical ways. Secretary Salazar has made it clear that he will

take dramatic strides to move our country toward energy independence. With David Hayes' help, he will ensure that our country is harnessing the wind, the Sun, and the geothermal potential that will set us free from our dangerous dependence on foreign oil. Secretary Salazar deserves the opportunity to have the best and most knowledgable people around him to make this energy revolution happen.

On Secretary Salazar's list, the first is David Hayes. He is a graduate of Notre Dame University, Stanford Law School. He is experienced, pragmatic, and creative. For 30 years, he has worked in natural resources and environmental law. He has written dozens of articles and book chapters about water supply issues, clean energy, and land conservation, among other important topics. He has a long and impressive track record of negotiating the kinds of difficult issues the Department of Interior deals with every day. But he can't get this work done until this body confirms him.

In a repeat of a scene we have unfortunately become far too familiar with lately, Republicans are standing in the way. I know those holding up Mr. Hayes' nomination feel passionately about their priorities, but I also know that Secretary Salazar and Mr. Hayes believe just as strongly about finding common ground that serves all of our interests.

The real issue is the fact that in the last minutes of the Bush administration, the waning minutes, Secretary Kempthorne issued 77 oil and gas leases. These leases are next door to national parks. It was a concern of the National Park Service when it was done. The environmental community is up in arms. The people of Utah don't like it. No one else would. We have one national park in Nevada, Great Basin National Park. I know how the people of Nevada would feel if they had started bringing in oil rigs next to Great Basin National Bark. They wouldn't like it. Ken Salazar, when he became Secretary of the Interior, withdrew those regulations. He didn't terminate them, he withdrew them for further study, further review. We have here an issue of the people of the State of Utah versus oil companies. For far too long, the oil companies have always won. Let's make it so that the people win for a change.

Every State has unique challenges. Mr. Hayes is prepared to travel across the West to confront them head-on, not so he can tell States what to do but, rather, so he can work with them to address each issue thoughtfully and respectfully. Working together toward such solutions is the answer. Robbing a Cabinet Secretary of his right-hand man is not.

Secretary Salazar knows the Senate, and his door is open to every Member of this body. Could you find a nicer person in the world than Ken Salazar? I don't think so. Mr. Hayes has his backing and his background. Mr. Hayes will continue doing what Secretary Salazar directs him to do. Now is the time to move forward, not to drag our feet or posture or to try to score political points. Ask anyone who knows him. They will tell you that among the many skills he has is the ability to work cooperatively and in a bipartisan fashion on the most complex issues. I wish our Republican colleagues would show the same spirit on at least confirming such a clearly qualified candidate for such a political job. No one questions his qualifications. He is a man of high moral standards. He has an excellent academic background. No one questions his capabilities. The real issue is these oil and gas leases. He is a good and honest man. He is bright, successful, and a proven leader. Our country is fortunate that he has one again answered the call to serve.

I understand at their meeting yesterday there was a plea: We have to stop Democrats from confirming this man. I say to my friends: David Hayes will be confirmed. If I have to wait until Al Franken comes, he is going to be confirmed. We are going to confirm David Hayes. Everyone should understand that. If we happen to lose this today, I will just move to reconsider until we have the votes. Ken Salazar is going to have David Hayes working with him. Everyone should understand that. Secretary Salazar has bent over backward to answer the questions of Senators who are questioning these oil and gas leases and a few other things. Salazar is a man who is known for his ability to compromise. He is a consensus builder. I hope people will allow this nomination to go forward. If there were some question about Mr. Hayes having written a law review article where he is calling for something that is outlandish or if he had done something in the past that was out of line--I have never heard a single word about his qualifications. He is a man who is qualified for this job. The President has nominated him.

In fairness, I ask unanimous consent that my time be charged against the majority time, whatever time I used.

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

Mr. President, I ask unanimous consent that the Isakson second-degree amendment No. 1104 be agreed to and the Gillibrand amendment No. 1084, as amended, be agreed to and the motion to reconsider be laid on the table; that the Senate then resume consideration of the Sanders amendment No. 1062 and there be 4 minutes of debate prior to a vote in relation to the amendment; that an allocation Budget Act point of order be considered made against the Sanders amendment and that Senator Sanders be recognized to waive the relevant point of order, with the Senate then voting to waive the point of order; that upon disposition of the Sanders amendment, the Senate resume the Gregg amendment and there be 2 minutes of debate prior to a vote in relation to the amendment; that upon disposition of the Gregg amendment, there be 2 minutes of debate prior to the vote in relation to the Vitter amendment No. 1066--I am wondering if there is any, if Senator Vitter requests any time to speak on this; we will make sure Senator Vitter has 5 minutes if he wants to speak on the amendment-- that no intervening amendments be in order during the pendency of this agreement; and that all time be equally divided and controlled in the usual form.

Mr. President, I send a cloture motion to the desk.

Mr. President, I send a cloture motion to the desk.

Mr. President, I have spoken to the Republican leader. He knew we were going to file these. It is no surprise to anyone.

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.

I suggest the absence of a quorum.

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

Mr. President, following leader remarks, we will be in a period of morning business for up to 1 hour. Senators will be allowed to speak for up to 10 minutes each during that time. The Republicans will control the first 30 minutes, the majority will control the second 30 minutes. Following morning business, the Senate will resume consideration of the credit card legislation. We will be in recess from 12:30 until 2:15 to allow for our weekly caucus luncheons.

One of the things I want to clear up, I announced yesterday that we would be having votes on Monday. To say I got a few phone calls is an understatement. When we announce that there will be no votes, people schedule things. It is very difficult to undo those. By popular demand, we will not have any votes this Monday. I have spoken to the Republican leader. We think we can work together to accomplish what we need to anyway. We have a few things we need to do before we leave here next Thursday or Friday. I want everyone to know that the no-vote day is reestablished this coming Monday.

I filed cloture last evening on David Hayes to be Deputy Secretary of Interior. Under rule XXII, that vote will occur tomorrow morning. We may be able to work on an agreement to work around that in some way. We will certainly work with all colleagues to find out what we can do to work through that issue.

I have asked the Republican leader to speak first. I have something I have to do off the floor.

Mr. President, as a young man, I came to Washington, DC, to go to school. I came back here to go to school, and I went to law school during the daytime. I worked at night as a police officer here in this Capitol complex. I was a Capitol police officer. I had a badge. I still have that as my souvenir. It has a very low number. I was one of the early police officers, I guess. I worked the night shift. I worked from 3 to 11. Now, I did not do anything very dangerous, and that is an understatement. I watched the doors, helped with the crowds sometimes. The most dangerous thing I did--and the thing I disliked the most--was directing traffic. That was kind of dangerous because in those days they had these streetcar tracks in the middle of Constitution Avenue and Independence Avenue, and trucks, vehicles, would bounce around on those. But anyway, I did not do anything very dangerous.

Every year for decades now, police officers and their families have come to Washington about this time of the year to honor those who have risked their lives and to remember those who gave their lives. Having had a little experience as a police officer, I recognize the sacrifice these men and women who come here have made.

As I said, this is the time of year we honor those who have risked their lives and remember those who have given their lives during the past year. Three of those fearless officers we recognize this year serve in the Las Vegas Metropolitan Police Department. It is an outstanding organization. The work they do is intense, and I am very proud of the work they do. Three of these officers are here in the Capitol today.

Last June, police officer Blake Penny was chasing another vehicle, thinking perhaps the person was armed. But the suspect's car flipped over, end over end, and landed on its side. Officer Penny did what any good police officer would do: He went to the car to see if everyone was OK. The passenger came out with gun blazing and shot Officer Penny. Fortunately, he did not kill him. He shot him just above the knee. The other bullets did not hit Officer Penny at all.

It was then that Officer Penny's fellow patrolmen--Sergeant Steve Custer and Officer Christian Jackson--heard those frightening words over the radio that police officers hate to hear but hear them more often than they would like: ``Shots fired, officer down.'' They, of course, raced to the scene because one of theirs was down. In the meantime, even though he was unable to walk, Officer Penny courageously continued to exchange fire with the suspect.

When Sergeant Custer and Officer Jackson got there, they threw themselves into the line of fire to administer first aid to Officer Penny and pull him into their patrol car. Officer Jackson drove his wounded partner to the hospital, and Sergeant Custer--a police officer for 36 years--stayed on the scene until backup arrived. Sadly, the suspect was killed in the exchange of fire.

That is the work these brave police officers do every day.

This week, the National Association of Police Organizations is honoring these brave officers with what is called the Top Cops Award. Custer, Jackson, and Penny are Top Cops. They have been designated so by their fellow police officers. This is a tribute given to just a select few of the countless men and women who each year go above and beyond the call of duty.

Today, it is we who are honored to have them here in the Capitol with us. To Officer Blake Penny and his wife Marcia, Sergeant Steve Custer and his wife Marcela, and Officer Christian Jackson and his wife Barbara--they are Nevadans and Americans--Nevadans and Americans everywhere thank you brave police officers for your service and your sacrifice. We are fortunate to have people just like you protecting us every day, not only in the metropolitan area of Las Vegas but all over the country.

We also remember the brave officers who tragically lost their lives this past year.

In Nevada, last February, State trooper Kara Borgognone--a wife and mother of two--was investigating a bomb threat at a gas station in Spanish Springs, NV, when her car crashed. She died from her injuries. She was only 33 years old. Trooper Borgognone will be honored here in Washington this week at the annual National Police Week candlelight vigil for officers killed in the line of duty.

Just last week, in Las Vegas, Las Vegas police officer James Manor--a husband and a brandnew father--was responding to a call in the same community where he grew up. With red lights blaring, he was going to a place where a woman was allegedly being beaten. He was struck by a drunk driver and killed. Officer Manor was 28 years old.

This week, we pause to think of the selfless police officers who have fallen in the line of duty this past year and in years past and their loved ones who have lost a father, a mother, a son or a daughter, a husband or a wife, or even a friend. And we pause to thank those--just like these three brave officers who are here this morning--who each day go to work with a simple job--a simple job, Mr. President--to put their lives on the line to protect people they do not know.

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

Mr. President, I ask unanimous consent that the time until 5:45 p.m. be for debate with respect to Coburn amendment No. 1067, with the time equally divided and controlled between the leaders or their designees; that no amendment be in order to the amendment prior to a vote; that adoption of the amendment require an affirmative 60-vote threshold; further, that if the amendment achieves that threshold, then the amendment be agreed to and the motion to reconsider be laid upon the table; that if the amendment does not achieve that threshold, then it be withdrawn; provided that amendment No. 1068 be withdrawn upon disposition of amendment No. 1067; that no further amendments on the subject of these amendments be in order to H.R. 627; and that at 5:45 p.m. today the Senate proceed to vote in relation to amendment No. 1067, and that of the time of the Republicans, Senator Coburn be given 20 minutes, and of the Democratic time, Senator Feinstein be given 15 minutes.

Madam President, for Members of the Senate, we have spent all day on the Coburn amendment. We tried to work something out. We could not. We took the vote. The Senate has spoken.

I hope that Senators who have amendments to offer would do so. We have to complete this legislation. It is no one's fault they have not been able to offer amendments because the floor was blocked and they could not do that. But I hope tonight we can have some amendments laid down. I hope people will do that. We are not going to have a lot of amendments pending, but if somebody wants to lay down some amendments, a reasonable number of amendments, that is fine. There is going to come a time when we are going to have to move on. This is a bill literally supported by 90 percent of the American public. This bill received almost 380 votes in the House. We are going to have to move on.

I am not going to file cloture tonight. It is only Tuesday. But we will see what happens tomorrow. We have a lot of other business we need to complete before we leave here. This has been a long work period. We have accomplished a lot of things. We have a lot more to do. We would like to be able to complete our work by next Thursday. I don't know that we can do that, but we certainly need to try. We have things we are going to have to do before the work period ends. Monday is a nonvote day.

I am not criticizing anyone, but I repeat, let's not be tied up in the mornings and say: I can't offer my amendment in the morning; I am too busy; I have appointments. The most important thing a Senator can do is to legislate. We need to start legislating. This bill is very important. The managers have worked very hard. Senators Dodd and Shelby worked the weekend to come up with the agreement they got to get a bipartisan bill we can work on. I applaud each of them for their work together. This sends a good message to the American public that we can do something very important.

I repeat, there will be no more votes tonight, but we need to have some amendments laid down so we can start voting tomorrow.

I say to my friend, the manager of this bill, we both want amendments to be offered, if in fact people want to offer amendments. But we hope they would be related to the bill. If we have a few more nongermane amendments, it is going to wind up that the banks win again because we will not be able to proceed on this legislation if we have more amendments dealing with unrelated matters, such as guns or whatever else somebody else dreams up.

In the morning, we have a cloture vote on one of Secretary Salazar's assistants. It is very important we have that vote. We will have it an hour after we come in, unless we work out another time with our colleagues. We have to complete that. I hope that we can get that done. Based on what we have been through in years passed, I can't imagine that we would have to invoke cloture on a Cabinet nomination, someone who is going to work for one of our Cabinet officers. That is what I thought we debated with the nuclear option. But it appears there are a lot of people not willing to even allow a vote on David Hayes.

It seems a little unusual for me that people who were wanting to invoke the nuclear option are now saying: Well, we are not sure we were right about that, and we are not even going to allow you to have a vote on someone whom Secretary Salazar has worked very hard on, getting him to help him work on the many issues he has to work on in the Department of the Interior. So I hope we can get that over with in the morning and that we would not have to have a cloture vote. But it appears we might have to do that. I wish I didn't have to file cloture on any nominees, but we have had to do it many times already this Congress.

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

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

Mr. President, I ask unanimous consent that the Senate proceed to executive session and that the Agriculture Committee be discharged en bloc from further consideration of PN230, PN268, PN356, and PN367; that the Senate then proceed en bloc to their consideration; that the nominations be confirmed and the motions to reconsider be laid upon the table en bloc; that no further motions be in order, and any statements relating to the nominations be printed in the Record; that the President be immediately notified of the Senate's action.

Mr. President, I ask unanimous consent that the Senate proceed to the consideration of Calendar Nos. 79, 129, 130, 131, and 133; that the nominations be confirmed en bloc, and the motions to reconsider be laid upon the table en bloc; that no further motions be in order, and any statements relating to the nominations be printed in the Record; that 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 Rules Committee be discharged from further consideration of H. Con. Res. 38 and that the Senate then proceed to its immediate consideration.

Mr. President, I ask unanimous consent that the concurrent resolution be agreed to, the motion to reconsider be laid upon the table, and any statements relating to this matter be printed in the Record.

Mr. President, I ask unanimous consent that the Judiciary Committee be discharged from further consideration of S. Res. 121.

Mr. President, I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, the motions to reconsider be laid upon the table, that there be no intervening action or debate, and any statements relating to this matter be printed in the Record.

Mr. President, I ask unanimous consent that the Senate now proceed to the consideration of S. Res. 143 which was submitted earlier today.

Mr. President, I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, and the motions to reconsider be laid upon the table.

Mr. President, the reason we say ``MPS'' is the word is hard to pronounce. It is spelled M-U-C-O-P-O-L-Y-S-A-C-C-H-A-R-I-D-O-S- I-S. I commend the Senators for moving this forward. It is a very complex problem many people have. More awareness should be made of this condition. As a result, we are confident and hopeful that because this resolution passes, there will be more medical research about this condition, MPS.

Mr. President, I ask unanimous consent that we now proceed to S. Res. 144.

Mr. President, I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, the motions to reconsider be laid upon the table, that there be no intervening action or debate, and any statements relating to this matter be printed in the Record.