Floor Statements

Mr. President, I now ask that we proceed to S. 3605, introduced earlier today by Senator Biden.

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

Mr. President, I ask unanimous consent morning business be closed.

Mr. President, I ask unanimous consent the motion to proceed to S. 3297 be set aside and that it be in order for the majority leader to move to proceed to a bill relating to the stimulus initiative that was introduced earlier today and that is at the desk; that the motion be considered as having been made, there be debate by Senator Allard for up to 3 minutes, and that there be an opportunity for Senator DeMint to offer a unanimous consent request, and that upon completion of that time the Senate proceed to vote on the motion to proceed and the motion be subject to an affirmative 60-vote threshold; that if the motion receives 60 affirmative votes, then it be as if cloture had been invoked on the motion and postcloture time would be in effect; that if the motion does not receive an affirmative 60-vote threshold, then it be withdrawn, and the motion to proceed to S. 3297 recur, with the above occurring with no intervening action or debate.

I say to my good friend, you should quit while you are ahead. I object.

Mr. President, I ask for the yeas and nays.

I ask unanimous consent that the order for the quorum call be rescinded.

Mr. President, I ask unanimous consent that the Chair lay before the Senate a message from the

House with respect to H.R. 2638, the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act.

I move to concur in the amendment of the House to the Senate amendment to H.R. 2638 with an amendment at the desk.

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

I ask for the yeas and nays.

I have a second-degree amendment that I ask to be considered at this time.

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

I now send a cloture motion to the desk on the motion to concur.

I now ask that no motion to refer be in order during the pendency of the message.

Mr. President, in the morning we will likely come in at 9:30, and we will have a half hour of debate prior to the vote at around 10 o'clock, and that will be in the wrap-up closing papers this evening.

I would also say to all Members, there are negotiations going on regarding the financial bailout. We are hopeful and confident something can be reached in this regard, but we will see. Now all parties are negotiating. We have had some concern today if that, in fact, was going to take place, and it has, and it is now going forward. So we would hope that if agreement can be reached, we will do it this weekend sometime. Therefore, we are going to have to be in session on Monday. If we have a vote on Monday, it will be very early, as early as possible. That is to complete whatever work the negotiators had done over the weekend.

We understand that at sunset on Monday night there is a Jewish holiday. We will honor that every way we possibly can. We would not consider being in session on Monday but for the fact that we have been told by Secretary Paulson and the Chairman of the Federal Reserve that there is a financial crisis out there, and that is what is being done in S-116 downstairs in the Foreign Relations Committee room today and will go on throughout the night.

We are going to complete, before we leave here, the Defense Department authorization bill. It is important we do that. We have that from the House. We are going to complete that. Rail safety, Amtrak--we will complete that before we leave. I have had a number of conversations with the White House. We are going to complete the India nuclear agreement before we leave.

Now, with all these things we are getting cooperation of Senators. If we do not get cooperation, we can get them done anyway, it just takes a lot longer--a lot longer. So I would hope the people who have objections to these pieces of legislation will be considerate, as I am sure they will be, to the schedules of other Senators. We have an election on November 4. We have tried mightily to finish our work on this Friday, today. But circumstances have weighed against us doing that with the financial problems we have had.

The largest bank failure in the history of our country was yesterday. The bank that failed had more than 2,000 separate branches. So we are going to have to continue our work here. We just cannot leave with all the work we have to do.

The vote in the morning is an important vote. I hope we will have good attendance at that vote. We will talk more in the morning to see if something has happened during the night that will change the statement I made today. That will be the only vote tomorrow, the one we will have at or around 10 o'clock in the morning. We hope we don't have to have a vote on Sunday. This is a cloture vote. There are 30 hours that runs, and we would hope that everyone would understand, if cloture is invoked, there is not much to be gained by waiting and making everybody come back and vote. But we will see what happens.

Mr. President, I rise to mark the enactment of the Americans With Disabilities Act amendments Act, S. 3406. Passed with overwhelming, bipartisan support in the Senate and House of Representatives, this important bill was signed into law this week. I am proud and honored to celebrate the occasion with my colleagues, particularly Senator Harkin and Senator Hatch, who worked so hard to craft the legislation and help guide it through Congress. The disability, civil rights, and business stakeholders behind this legislation deserve our recognition as well.

We are all part of a nation built on the promise of equal rights, justice, and opportunity for everyone. Eighteen years ago, we took a historic step toward fulfilling that promise with the passage of the original Americans with Disabilities Act. Unfortunately, we didn't expect then that Supreme Court decisions would narrow the law's scope contrary to congressional intent. As a result, the lower courts have now gone so far as to rule that people with amputation, muscular dystrophy, epilepsy, diabetes, multiple sclerosis, cancer, and even intellectual disabilities are not disabled. The Supreme Court decisions further imposed an excessively strict and demanding standard to the definition of disability, although Congress intended the ADA to apply broadly to fulfill its purpose.

The ADA Amendments Act finally rights these wrongs. For one, the new law directs the courts toward a broader meaning and application of the ADA's definition of disability. More major life activities will also be included in the definition of disability, so that more people with disabilities will be covered by the ADA. The amendments further clarify that the ADA covers people who use ``mitigating measures,'' such as medications or prosthetics, to treat their conditions or adapt to their disability. Otherwise, they will continue to be in a catch-22 that forces them to choose between managing their disabilities or staying protected from job discrimination. No one should have to make that choice.

Thanks to the newly enacted amendments, the ADA's focus can return to where it should be--the question of whether the discrimination occurred, not whether the person with a disability is eligible in the first place. Simply put, the ADA Amendments Act restores the landmark Americans with Disabilities Act to the civil rights law it was meant to be.

Mr. President, we cannot rest on our laurels as we look ahead to the future. Today we reaffirm the principle that discrimination based on disability doesn't belong in the workplace, but we cannot ignore the low employment rates for people with disabilities who want to work. They want to achieve to the best extent of their potential and enjoy economic self-sufficiency, but this piece of the American dream remains just beyond their reach. Clearly, there is still much work to be done if our Nation is to realize the ADA's vision of full inclusion and acceptance of all people.

So let us renew our commitment to the goals and ideals of the Americans with Disabilities Act. I look forward to continuing this effort on behalf of the American people, including all those in Nevada and throughout the country celebrating the enactment of the Americans with Disabilities Act Amendments Act.

Mr. President, I rise today in honor of a very special event--the 110th birthday celebration of my hometown, Searchlight, NV. My colleagues have heard me speak often of Searchlight, and they all know how proud I am to call it home.

On July 20, 1898, Searchlight was established like many towns across the West were--as a mining district. George Frederick Colton had struck gold the year before, bringing a rush of miners to the area. Over the next 10 years, Searchlight provided millions of dollars of gold to the world and grew to be one of the most populated areas in southern Nevada. During the mines' most prosperous years, Searchlight was one of the most modern, well-appointed towns in the State.

While Searchlight's mining boom may have ended 100 years ago, the pioneering spirit lives on in our small community. And on Saturday, October 4, 2008, the residents of Searchlight will commemorate the passing of the town's 110th year with a BBQ dinner and various activities. I join the community in thanking the Searchlight Museum Guild for organizing this celebration.

In particular, I would like to recognize my friend Jane Overy, curator of the Searchlight Historic Museum. Jane was instrumental in the founding of the museum, and she continues her work as Searchlight's resident historian in the planning of this year's birthday celebration program, ``Sharing Searchlight's Historic Memories.'' In addition to her work with the museum, Jane is involved with many town activities and is a well-known and well-loved figure in our community. She is a Navy veteran and she and her husband Carl, an Air Force veteran, have been very active members of Nevada's proud military community. Jane currently serves as the Department Commander for Nevada Disabled American Veterans. She has been a dedicated collector and preserver of Searchlight's history, and I am grateful for her contributions to the community.

In my office in the Capitol, I keep a picture of my childhood home in Searchlight. It serves as a reminder of how my hometown has shaped my work on behalf of Nevada throughout my career in Congress. I am proud to recognize the historic occasion of Searchlight's 110th birthday, and I wish its residents a successful and enjoyable event.

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 office of Senator Christopher S. Bond has received a U.S. request from the U.S. Department of Justice for records regarding a former employee that may be relevant to its investigation into improper activities by lobbyists. The Justice Department has advised that its request arises from its belief that Senator Bond himself was an innocent victim of potentially improper conduct by lobbyists and former staff. Senator Bond seeks to comply with this request. Accordingly, in keeping with Senate rules and practice, this resolution would authorize the office of Senator Bond to produce documents for use in this investigation.

s. res. 687

Mr. President, this resolution concerns a request for testimony and representation in a criminal action pending before the Sixth Judicial Circuit Court, Oakland County, MI, in which the defendant is charged with two counts: malicious use of telecommunications services and possession of a firearm by a felon. The first count arises out of a threatening telephone conversation the defendant had with a member of Senator Stabenow's staff. The prosecuting attorney has subpoenaed that staff member for the trial, which is likely to be held in the first week of November 2008. Senator Stabenow would like to cooperate by providing testimony from that staff member. This resolution would authorize that staff member, and any other employee of Senator Stabenow's office from whom evidence may be required, to testify in connection with this action, with representation by the Senate Legal Counsel.

Mr. President, this resolution concerns a request for testimony in a criminal misdemeanor action in Superior Court for the District of Columbia. In this action, protesters have been charged with disruption of Congress for loudly chanting slogans during Senate debate on or about the afternoon of March 12, 2008. A trial is scheduled to commence on September 29, 2008. The prosecution has subpoenaed a doorkeeper of the Senate who witnessed the charged conduct. The Senate Sergeant at Arms would like to cooperate by providing testimony from that employee. This resolution would authorize that employee to testify in connection with this action.

Mr. President, following the remarks of the leaders, if there be any, the Senate will be in a period of morning business, with Senators permitted to speak for up to 10 minutes each. We will be in morning business until we receive the consolidated appropriations bill from the House. When we receive the message from the House of Representatives, we will turn to its consideration.

Meanwhile, we will continue to work with the minority on an agreement to consider the national defense authorization legislation. If we are able to reach an agreement on DOD authorization, we could turn to its consideration immediately.

For the information of all Members, we will have shortly, as I have indicated, the continuing resolution. It passed the House overwhelmingly yesterday, some 370 or 380 votes. We will receive that legislation and we will file cloture on it today for a Saturday cloture vote. Of course, with consent, we can do about anything around here. We can move the vote up and do it today or tomorrow. It is up to the membership. So that is one possibility.

We have the financial crisis situation. Significant progress has been made. At 10 o'clock, there is a meeting that will take place with the staffs of Democrats and Republicans. They have already started writing a proposed piece of legislation. As I have indicated, significant progress has been made. Hopefully, we can work something out on that legislation in the near future.

There are a number of other issues we are trying to move forward. There is some excellent legislation we have received from the House dealing with Amtrak and train safety. We hope we can work out a way to do that legislation.

Anyway, we will keep Senators closely advised. At this stage, it seems very clear, unless something happens, we will have to be in session on Saturday for a Saturday cloture vote.

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