Floor Statements

Mr. President, I believe S. 542 is due for a second reading.

Mr. President, I object to any further proceedings on this legislation at this time.

Mr. President, we came very close last week to passing the critically important Omnibus appropriations bill. At the last minute, one Senator changed their mind, leaving us one vote short of the 60 needed to stop the filibuster. A decision was made, though, later that night to allow more debate, and we agreed on the next day, Friday, to a finite list of amendments. These amendments are the only ones in order to this piece of legislation.

It is important we did that. It was important to do because it is important this legislation be passed. It is necessary to continue the process because of the importance of this legislation. It will create jobs, expand access to education, and protect our neighborhoods. It will provide the Consumer Product Safety Commission with the resources necessary to ensure that products such as toys are safe. This is for families and, of course, their children. This legislation will help families avoid foreclosure and refinance into affordable mortgages. It will help the Department of Justice and the Department of Treasury fight terrorism, drug trafficking, and crime in our communities.

It will improve our environment with investments in the Department of Interior and other agencies tasked with reducing pollution. It will keep us healthier with funds to fight ailments and diseases. This legislation will educate and prepare our workforce, promote science and technology, and create jobs. And, of course, it will help rebuild our crumbling roads, bridges, and tunnels, and other projects that are so vitally needed at this time to create jobs. The Omnibus bill provides smart, targeted investments in our country and its future, and it reflects sound compromise and cooperation between Democrats and Republicans dating back into last year.

We have not yet reached the finish line on this legislation, but we are close. Today we will move forward by debating a number of amendments, as we continue moving forward toward passing this bill.

Mr. President, at 12 o'clock today, President Obama brought new hope to millions of Americans who suffer from afflictions that one day might be cured. President Obama's executive order finally overturns the Bush administration's flawed policy on stem cells and restores scientific integrity to our law and our policy.

President Obama's executive order puts science above ideology and honors the strong wishes of hundreds of leading medical and scientific associations, research universities, patient advocacy groups, and, most importantly, the American people.

Since 2001, our most promising scientists have been forced to work literally with one hand tied behind their back. The President's action today sends a message to the millions who suffer that help--and hope-- are on the way.

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

Oh, I see my friend here.

Mr. President, through the Chair I ask my friend from South Carolina, are you ready to take the floor?

I suggest the absence of a quorum.

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

Mr. President, I ask unanimous consent that the Senate now proceed to the consideration of S. Res. 69.

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

Madam President, I ask unanimous consent that at 5:30 p.m. today the Senate proceed to vote in relation to the following amendments in the order listed; provided that prior to each vote, there be 2 minutes of debate equally divided and controlled in the usual form; that after the first vote, the vote time be limited to 10 minutes each, with provisions of the previous order regarding intervening amendments remaining in effect: McCain amendment No. 593, Kyl amendment No. 630, Kyl amendment No. 631, Enzi amendment No. 668.

I move to lay that motion on the table.

Mr. President, I move to reconsider the vote.

Mr. President, I ask unanimous consent that on Tuesday, March 10, tomorrow, after the opening of the Senate, the Senate resume consideration of H.R. 1105; that the remaining amendments be considered, debated, and that after all debate is concluded on the remaining amendments, the Senate then proceed to vote in relation to the amendments in the sequence established under a subsequent order, with 2 minutes of debate equally divided and controlled in the usual fashion prior to a vote in relation to each; and that after the first vote in the sequence, remaining votes be limited to 10 minutes each; that upon the disposition of all remaining amendments, there be 30 minutes of debate prior to a vote on the motion to invoke cloture on H.R. 1105 that will be equally divided and controlled between the leaders or their designees, with the remaining provisions of the order of March 6, 2009, remaining in effect.

What this means is we will tomorrow debate all of the amendments. I think there are seven left. A number of those may not be brought to a vote. After the debate is completed, we will set a time to start voting, and we will go right through the sequence as indicated in the unanimous consent order.

It should work out very well. Everyone has had an opportunity to offer the amendments they want that are on the list.

I now move to executive session to consider Calendar No. 21, the nomination of David Ogden to be Deputy Attorney General.

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

I ask unanimous consent that the mandatory quorum be waived.

I regret that we need to file cloture on the nomination of David Ogden to be the Deputy Attorney General.

Mr. Ogden is eminently qualified for this job. He is a graduate of Harvard Law School and clerked on the Supreme Court for Justice Harry Blackmun. During the Clinton Administration, he served as the Assistant Attorney General for the Civil Division and as Chief of Staff to the Attorney General. He is currently a partner in a major Washington law firm.

His nomination was reported favorably by the Judiciary Committee by a vote of 14-5, with 3 Republicans including Ranking Member Specter supporting him. So there is little doubt cloture will be invoked and he will be confirmed.

As I understand it, the argument of those who oppose him is that he took positions on behalf of law firm clients that some members do not agree with. In my view, that is an unfair basis for opposing a nominee.

In any event, it is unfortunate we could not enter into a unanimous consent agreement to debate the nomination and have a simple up/down vote. President Obama deserves to have his advisors, especially members of his national security team, in place as quickly as possible. If we are forced to file cloture on nominees who are obviously going to be confirmed, we are wasting up valuable time that should be used to address the pressing problems facing the nation.

I now move that the Senate return to legislative session.

I now send a cloture petition to the desk.

Mr. President, I ask unanimous that the mandatory quorum be waived.

Mr. President, I now move that the Senate return to legislative session.

I now send a cloture motion to the desk.

Mr. President, I ask unanimous consent that the mandatory quorum be waived.

Mr. President, I now move that the Senate return to legislative session.

I suggest the absence of a quorum.

Mr. President, I take a great deal of pride in the work done by the 110th Congress to fulfill our Government's obligations to our Nation's veterans. Our legislative accomplishments in those 2 years were significant.

We significantly increased funding for the Department of Veterans Affairs; we enacted a comprehensive program that provides tuition and benefits to every veteran who serves after 9/11; we refused to allow our wounded warriors to fall through the cracks, remedying the substandard care that many were receiving, and broadening eligibility for treatment programs to address the war's physical and psychological toll; we brought attention and funding to veterans' mental health issues, improving the level of care and access to treatment for both veterans and their family members; and we added provisions to the Housing and Economic Recovery Act to help protect our veterans from becoming victims of the housing crisis.

Indeed, we can be proud of these accomplishments, but I rise today to bring to light one area in which Congress can and must do more. For eight years I have been working to eliminate an unconscionable policy under which a veteran who is classified as `disabled' by the Veterans Administration is required, in essence, to pay his or her own disability compensation out of retirement pay received from the Department of Defense.

As it stands now, a disabled veteran is, by law, prevented from collecting both disability pay and retired pay. Despite the fact that a veteran is eligible for each for a different reason, the law prohibits receiving both. The end result of this prohibition known as ``Concurrent Receipt'' is that for every dollar a veteran receives as disability compensation, a dollar is deducted from his or her retirement pay. In some cases, this ban takes away a veteran's full retirement pay, wiping away the benefits he or she earned in 20 or more years of service.

Since 2000, I have been working to end this absurd policy. In 2003, Congress passed the first legislation in this vein, which allowed veterans with at least a 50 percent disability rating to become eligible for concurrent receipt of benefits over a 10-year phase-in period. The following year we successfully eliminated the ten year phase-in for those veterans with a 100 percent disability rating. In 2005, we passed legislation that permitted the concurrent receipt of retired and disability compensation to veterans who have been classified by the VA as ``unemployable,'' however this group of veterans has had to wait until this year to receive the benefit of this legislation. Our Nation's veterans should have to wait no longer.

It is past time to eliminate the remaining bar to concurrent receipt of disability compensation and military retirement pay. I am proud to introduce the Retired Pay Restoration Act of 2009.

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

Mr. President, I take a great deal of pride in the work done by the 110th Congress to fulfill our Government's obligations to our Nation's veterans. Our legislative accomplishments in those 2 years were significant.

We significantly increased funding for the Department of Veterans Affairs; we enacted a comprehensive program that provides tuition and benefits to every veteran who serves after 9/11; we refused to allow our wounded warriors to fall through the cracks, remedying the substandard care that many were receiving, and broadening eligibility for treatment programs to address the war's physical and psychological toll; we brought attention and funding to veterans' mental health issues, improving the level of care and access to treatment for both veterans and their family members; and we added provisions to the Housing and Economic Recovery Act to help protect our veterans from becoming victims of the housing crisis.

Indeed, we can be proud of these accomplishments, but I rise today to bring to light one area in which Congress can and must do more. For eight years I have been working to eliminate an unconscionable policy under which a veteran who is classified as `disabled' by the Veterans Administration is required, in essence, to pay his or her own disability compensation out of retirement pay received from the Department of Defense.

As it stands now, a disabled veteran is, by law, prevented from collecting both disability pay and retired pay. Despite the fact that a veteran is eligible for each for a different reason, the law prohibits receiving both. The end result of this prohibition known as ``Concurrent Receipt'' is that for every dollar a veteran receives as disability compensation, a dollar is deducted from his or her retirement pay. In some cases, this ban takes away a veteran's full retirement pay, wiping away the benefits he or she earned in 20 or more years of service.

Since 2000, I have been working to end this absurd policy. In 2003, Congress passed the first legislation in this vein, which allowed veterans with at least a 50 percent disability rating to become eligible for concurrent receipt of benefits over a 10-year phase-in period. The following year we successfully eliminated the ten year phase-in for those veterans with a 100 percent disability rating. In 2005, we passed legislation that permitted the concurrent receipt of retired and disability compensation to veterans who have been classified by the VA as ``unemployable,'' however this group of veterans has had to wait until this year to receive the benefit of this legislation. Our Nation's veterans should have to wait no longer.

It is past time to eliminate the remaining bar to concurrent receipt of disability compensation and military retirement pay. I am proud to introduce the Retired Pay Restoration Act of 2009.

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 Committee on Finance be authorized to meet during the session of the Senate on Monday, March 9, 2009, at 5 p.m., in room 215 of the Dirksen Senate Office Building.

Mr. President, I ask unanimous consent that the Committee on Health, Education, Labor, and Pensions be authorized to meet during the session of the Senate, to conduct a hearing entitled ``Preventing Worker Exploitation: Protecting Individuals with Disabilities and Other Vulnerable Problems'' on Monday, March 9, 2009. The hearing will commence at 2:30 p.m. in room 430 of the Dirksen Senate Office Building.