Floor Statements

Mr. President, earlier today I came to the floor and indicated I had received calls from the administration--specifically, one call from the Secretary of Transportation, Mary Peters, who pleaded with me to do everything I could to replenish the money from the highway trust fund. The House has passed legislation that that will take place on or about October 1 of this year. What we want to do, at the request of the administration, is move that forward and do that now. The money is gone. The Secretary has informed me and everyone else that she is going to start doling the money out, first 80 percent and then, as I understand what she said to me, it will be 50 percent, and pretty soon nothing. We have major projects around the country that will go unfunded and will have to cease construction.

It is extremely important we do this. We have asked, on many occasions prior to today, that this take place. We knew the trust fund was down. But we have asked this be done before, and we received word from the White House that this was something they did not want to do. Now it appears the White House wants to have it done--as they should have wanted it done a long time ago.

Mr. President, having said that, I ask unanimous consent the Finance Committee be discharged from H.R. 6532 and the Senate proceed to its consideration; that the amendment at the desk be considered and agreed to, the bill, as amended, be read a third time, passed, the motion to reconsider be laid on the table and any statements relating to this matter be printed at its appropriate place in the Record with no intervening action or debate.

That is the consent. I add that what this would do is replenish--take from the general fund money in the sum of $8 billion and put it in the highway trust fund.

As I said a number of times, I so appreciate the ability that I have--and I hope he, the distinguished senior Senator from New Hampshire,

has with me--to talk with each other, even though we disagree on matters. He is always very upfront. He told me what amendments he thinks should be offered and I appreciate that very much. But at this stage we cannot do that. It would take days to get to this matter and then, of course, amendments would take time.

I would also add this. This is not the first time the highway trust fund has been used in some manner. In 1998 we took approximately $8 billion from the highway trust fund and put it in the general fund. So now this is an opportunity to pay that back. We should have done it some time ago. We didn't do that.

I appreciate the concern of the Senator from New Hampshire, but I hope, during the night, people will think about this. I hope the Secretary of Transportation will let the Republicans know how desperate the country is for this money. We will renew this request tomorrow.

I am happy to yield for a question.

It was 84,000.

I say to my friend, the chair of the committee of jurisdiction, the highway trust fund is broke. As a result of that, there are roads being built and bridges being built and that is simply going to stop. The people there, going to work, in the near future are not going to be able to go to work anymore because there is no money to pay them.

I would also say this. One of the things that so concerns me about the Bush-Cheney-McCain operation is no one seems to care about all the red ink we have spent over the last 8 years. In Iraq alone we are spending $5,000 a second. During the time we have been here since this vote started, 40 minutes--I don't know how much money that is. I tried to figure out what it would be, 40 times 60 times 240. It is lots of money. Everything we have done this last 8 years has been basically done on borrowed money.

Here is a situation where the administration is asking us to take money from the general fund. They will borrow that money as they have done with everything here. That is why we have a $11 or $12 trillion debt. I cannot imagine that self-righteous people are all of a sudden wanting things paid for.

That is borrowed money.

Mr. President, I did not dream up the idea that projects were going to be terminated. That is what the Secretary of Transportation told me. Now, maybe I misunderstood her. Maybe she was exaggerating. But that is what I took away from my conversation with her.

It is difficult for me to argue with the Senator from New Hampshire because I think it is fair to say that he has been trying to raise a red flag for a number of years about the wild spending of this administration. Even though he is a stalwart Republican and close to the administration, he has not been quiet about this.

Now, this is an issue I brought up today because I was asked to do so by the White House. Let the record be clear: Democrats have been very supportive of funding the wars in Iraq and Afghanistan. We want to support the troops. And we can go into another discussion--and none of us want to get into that tonight--about what is going on in Afghanistan and Iraq.

But the highway trust fund, part of it--and I believe, if we ever get to a point where we are debating amendments on taking money out of mass transit--maybe 20, 25 years ago, when Nevada didn't have these tremendously difficult problems we have with traffic, with roads, and we were not concerned about mass transit, maybe we would have joined with the Senator from New Hampshire. But we in Nevada, as with many metropolitan areas around the country, are desperately in need of more transit money, not less--more transit money rather than less. So it would exacerbate a tremendously difficult problem if the idea of the Senator from New Hampshire bore fruit; that is, we take the money out of mass transit and put it in for highways. That would be the wrong thing to do.

You can no longer say that the highway trust fund is just for highways because for decades now, we have used part of this money-- rightfully so--because of actions of the Congress, along with the administrations, taking this money and doing very important mass- transit projects.

So here is where we are. If we were able to have a vote on this piece of legislation tonight or tomorrow, it would pass overwhelmingly. But, as with the Senate, we cannot move to things just because we want to. We have a lot ahead of this. We have the Defense authorization bill, we have an energy issue we have to take up. That is next week. Every day that goes by, according to the Secretary of Transportation, is a bad day for the Department of Transportation.

The Senator is right. I see on the floor a poster child for the necessity to do this, and that is the junior Senator from Minnesota. We had a bridge collapse from lack of money, and we, on an emergency basis, came to this floor, recognizing what a catastrophe that was for Minnesota and our country. That bridge is now being built with borrowed money.

Absolutely true.

The Senator from Washington is exactly correct.

When I talked to her, I believe last Friday, she indicated to me that she was going to have to make those difficult decisions. Then I also read her press release later, after she had been able, I guess, to put more numbers in the paper, and that is what I read, which is an elaboration of what she told me.

Mr. President, I rise today to recognize the musical group Los Tigres del Norte for its contribution to the greater Las Vegas community and especially for its commitment to the Silver State's vibrant Hispanic community. As we commemorate the importance of the Hispanic community in Nevada and around the country during Hispanic Heritage month, I find it fitting to recognize the members of Los Tigres del Norte for their talent and dedication.

Just last year, this premier musical group was chosen by a committee comprising Las Vegas community and business leaders to join individuals such as my good friend, Wayne Newton, Vicente Fernandez, and other notable celebrities who have made a positive impact on Clark County. Like the Walk of Stars honorees before them, Los Tigres del Norte have added to the worldwide prominence of Las Vegas. These talented artists have also been an encouraging and supportive voice for the Silver State's hardworking Hispanic community.

Their Grammy and Latin Grammy winning music not only entertains, but it sends a clear message that we all have a commitment to making a lasting impact on our community, regardless of the color of our skin or our country of origin. It also tells stories of those individuals who often are not able to share their concerns and challenges. Los Tigres del Norte truly are a voice of the unheard. They confront the issues of our day and use their music as a medium to provide inspiration and hope.

Today I join my colleagues in the Silver State in recognizing Los Tigres del Norte for all they have brought to Nevada and their dedication to serving as a positive voice for our vibrant Hispanic community. Their addition to the Las Vegas Walk of Stars was a much deserved recognition of their almost 40-year-long musical career and their success in bringing to light the challenges facing America's Hispanic communities. As we celebrate Hispanic Heritage Month, I offer my congratulations to Los Tigres del Norte--an accomplished group of musicians of whom all Nevadans can be proud.

Mr. President, we are going to be on the Defense authorization bill during today's period of debate. Senators will be allowed to speak for up to 10 minutes each. That is the order. Is that order in effect now or do I need to ask consent for that?

Mr. President, S. 3406 is at the desk and is due for a second reading.

Mr. President, I object to any further proceedings with respect to the bill.

Mr. President, I ask unanimous consent that the Senate proceed to the consideration of H.R. 6432.

Mr. President, I ask unanimous consent that the bill be read a third time and passed, the motion to reconsider be laid upon the table, that there be no further debate, and that any statements relating to the bill be printed in the Record.

Mr. President, I ask unanimous consent that the Senate proceed to the consideration of the following items en bloc: Calendar Nos. 913 through 920.

Mr. President, I ask unanimous consent that the bills be read a third time and passed en bloc, the motions to reconsider be laid upon the table, with no intervening action or debate, and that any statements relating to these measures be printed in the Record.

Mr. President, I had the good fortune in the Senate of serving with David Pryor, the Senator from Arkansas. He was a member of the Finance Committee and other very responsible positions, including the Ethics Committee. He was, I believe, what the stereotype of a Senator should be. He worked hard and he is very smart. He was so easy to get along with. I do not think I have ever served with a better legislator in my life than David Pryor.

Unfortunately for Arkansas and our country, he was taken ill. He had a very severe heart attack and decided not to run for reelection. He is doing well. He is healthy. I talk to him on occasion. Whenever I go to Arkansas, I see him. But what a wonderful man to know.

The reason I mention that, fortunately for the people of Arkansas, his son Mark has replaced him. Mark has all the same characteristics as his dad. He is a man with a lot of humility. He works very hard. He knows the legislative process. He was attorney general of the State of Arkansas. He is an outstanding lawyer.

There were a lot of reasons we were able to complete that most significant legislation last night, the Consumer Product Safety Modernization Act. But it is the most sweeping improvement of the law that has taken place since the law was passed some 40 years ago. It was done under the direction of Senator Inouye. But Senator Inouye gives credit to Mark Pryor who worked so hard to arrive at the solution he did, which was a piece of legislation that passed overwhelmingly in this body.

So, Mr. President, with that brief background, I ask unanimous consent that Senator Pryor be designated as Acting President pro tempore of the Senate for the purpose of signing the conference report to accompany H.R. 4040, the Consumer Product Safety Modernization Act.

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

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

Mr. President, in 2004, when I was selected by my peers as the Democratic leader, the first public appearance I made following the vote we had, I walked out to the press and said I would rather dance than fight. I still feel that way. I was elected to the Senate because the people of Nevada knew I was a good Democrat but that I always would eagerly reach across the table and find common ground wherever possible. I guess I learned that in the courtroom in working cases. You have to be willing to compromise in the law, as you do in politics. I have a strong conviction, that is true.

There is no better example of that than my relationship with John Ensign. John Ensign, the junior Senator from Nevada, and I had a bitter race in 1998. He was a Member of Congress. I was a sitting Senator. He ran against me. That was a close race. No one ever thought we would wind up in the Senate together, but as fortune spins, Senator Bryant unexpectedly decided not to run for reelection, and John Ensign was able to come to the Senate.

For 8 years, we have worked to develop a relationship that has turned into a strong friendship. John Ensign and I, though we disagree on some political issues, never, ever publicly or privately discuss our differences politically.

I mention that because we need in the Senate to work together. Even though we may have different political views on different aspects of Government, we need to work together. It may not be apparent to those who watch the daily skirmishes of the Senate from afar, but I try to approach every issue in this Congress with the same eagerness to find common ground that I do working with Senator Ensign.

There have been occasions--not often enough--where Republican colleagues have joined Democrats in the pursuit of progress. When they have chosen that path, we have, together, accomplished some very good things for the American people, even in this work period, which has seen some bitter partisanship. While it will be remembered probably for the Republican obstructionism that has occurred, we can still look and find examples of significant bipartisan compromise.

At a time when we see such interesting things around the country that need so much help, we have been able to pass legislation in one area of great concern: housing. We passed a comprehensive housing bill. The housing crisis has been uprooting families and wreaking havoc in neighborhoods across the country for far too long. It was a struggle to get this bill passed. Never in the history of the country, I am told, has there been a bill that has passed the Congress where we have had seven filibusters on one bill--the same bill--at the same time. We had one filibuster right after the other, seven of them, but we finally got to the finish line on housing. It is a good piece of legislation. Some 8,500 families who receive foreclosure notices every day will not be confronted with that in many instances because of the legislation we passed.

During this work period, we also passed the Medicare doctors fix--the salvation of Medicare is what it was--and we did that by overriding the senseless veto by the President of the United States. We were only able to do that because right down here stood Senator Ted Kennedy, a man who should not have been here. He was not supposed to be flying. He wasn't supposed to be around crowds, and of course there were lots of crowds that

were here--everyone wanted to be around him--and he stood here and cast the deciding vote that broke the impasse. We had 60 votes. After we got 60 votes, the Republicans in good will joined and allowed us to save Medicare. It took the courage of Ted Kennedy, rising from his sick bed against doctors' orders, to cast the deciding vote. Because he did, and enough Republicans joined with us, we renewed the long-held American promise that the elderly, the disabled and the orphans and widows will receive the health care they need.

We also passed, during this work period, a bill that is a test to America's charity and moral authority in the world, the so-called PEPFAR bill. This legislation provides an unprecedented level of support for the fight against AIDS in Africa. It is not often I have occasion to praise the President, but he did a good job on this, and I commend him for helping us. I am glad that even after we had struggles for months at a time, Senate Republicans joined with the President and Senate Democrats to choose to end their obstruction and allow us to pass that legislation.

Late yesterday, we wrapped up work on an important piece of legislation. We did it at the end of this work period. In fact, we did it on two important pieces of legislation: consumer product safety and the higher education bill, both very important pieces of legislation. At a time when parents are rightly more concerned than ever about the safety of the toys they buy for their children, the consumer product safety legislation gives parents and all consumers new assurance that the goods we buy are fully tested and approved for safe use. That applies to the stereotype, which is the toys the children use in America, but it is far broader than that. With rare exception, it is everything we consume in America today now will be safe.

The Higher Education Act had not been reauthorized in some 10 years until last night. Of course, it was long overdue, but since we passed it, millions of bright young American minds will have the opportunity to unlock the doors of opportunity a college education provides.

Our country will be stronger for every one of the bills we passed this work period--every one of them. I wish we had passed a lot more. Those we did are important. I am glad we did it. As with any legislation, when you pass a bill, there are lots of accolades to be passed around. When you don't pass a bill, there is a lot of blame to go around.

I feel a lot of disappointment, though, when I think back upon this work period and wonder what might have been, what might we have accomplished if our Republican colleagues had decided to dance with us more often than fight. We could have gone a long way toward solving America's energy crisis. Yesterday was a microcosm for why the Senate failed to do so. Democrats came to the floor to offer seven different energy initiatives. Our plan would tackle every piece of the energy puzzle: Increasing supply with more domestic production, meaning increasing supply with more American production; reducing demand by investing in clean and renewable alternatives; going after those who keep oil prices artificially high for their own financial gain; and helping those in need pay their skyrocketing heating bills.

Earlier today, a group of 10 Senators--5 Republicans, 5 Democrats-- indicated they had done some work to come up with a proposal that they think would help the energy crisis. I have been kept informed of how this has been progressing, and I am glad they have worked on what they did. They have worked very hard. There are many good ideas. Do I agree with everything they did? No, I don't agree with everything, but even the 10 don't agree with everything in the package.

I look forward to working with them. We are going to work with this group in a number of different ways. First of all, the information we got from them is important. I am going to hold a summit in Las Vegas on August 19--an energy summit, a clean energy summit. President Clinton will be there, Mayor Bloomberg, T. Boone Pickens, the Governors of Utah, Arizona, Colorado. We have people from the private sector, the public sector coming to talk about what we can do to wean ourselves from fossil fuel.

Also, the week we get back in September, we are going to have an energy summit of Democrats, a bipartisan energy summit, to see if there is any way we can work together to move forward--move forward on things that are so important to this country, such as having multiple year energy tax credits so we can wean ourselves from the fossil fuels and look to the Sun, the wind, and geothermal for our energy. I certainly hope we can do that.

Republicans have said no to every proposal we have made. Because they did, the American people will have to wait for short- and long-term solutions to the energy crisis. That truly is unfortunate.

With more Republican cooperation, we could have passed mental health parity. That is so important. It is a bipartisan bill to ensure equal access to health care for people with mental illness. We were prevented from doing that.

With more Republican cooperation, we could have passed a package of 13 bipartisan bills that Republicans blocked. That package includes the Emmett Till unsolved crimes bill which would help heal old wounds and provide the Department of Justice and the FBI tools needed to effectively investigate and possibly solve civil rights-era murders.

The Runaway and Homeless Youth Act would provide grants for health care, education and workforce programs and housing programs for runaway and homeless youth.

The combating child exploitation bill would provide grants to train law enforcement to use technology to track individuals who trade in child pornography and establish an Internet crimes against children task force.

The Christopher and Dana Reeve Paralysis Act would enhance cooperation in research, rehabilitation, and quality of life with people who suffer from paralysis.

LIHEAP, a bill that was called Cool In Summer, Warm In Winter Act to provide relief to the aged, the disabled, and the poor so they can have energy assistance to cool their homes in summertime, heat their homes in the wintertime--the Republicans turned it down.

We were amazed that Republicans said no to these bills and many others, but they did, and that is unfortunate.

The list of critical priorities we could have done something about with even a small degree of Republican cooperation is no longer available to us now. It would have been nice if we could have done the list. The list of things we copuld have done is far longer than I can recite today, but I say that because Republicans chose the path of obstruction. The good we did is far outweighed by the good that could have been. Of course, that is disappointing to all of us.

When you strip away the differences between the McCain Republican approach to energy and the Democratic approach to high gas prices, you find the Republican policy is the Exxon policy, and our policy is an energy policy. The Republicans have a one-word policy: drill. That is the Exxon policy. Our approach, the Democratic approach is No. 1, drill where appropriate, but also develop competition for oil by encouraging solar, wind, geothermal. The Republicans say no because it will lower oil prices, and that is not what Exxon wants. Our policy is to increase the supply now by releasing oil from the Strategic Petroleum Reserve. The Republicans say no because it will lower oil prices and that is not what Exxon wants.

No. 3, we say go after financial speculators. The Republicans say no because that would lower the price of oil, and that is not what Exxon wants.

No. 4, we say invest in new car battery technology. The Republicans say no because that will lower oil prices, and that is not what Exxon wants.

The Republicans' affection for Exxon explains why they say no to even allowing us to debate issues that are so important. No, no, no is what Exxon wants--to keep oil prices high.

That is too bad.

When we return in September, we need to get right back to work. We have just a few weeks to get a lot done. Perhaps by then, though, the political winds will blow in a different direction, and the Republicans will return with a new willingness to work together. If they do, we can work out a bipartisan plan on energy that meets our country's near- and long-term needs.

We can send the American people a new economic stimulus bill to help families make ends meet and strengthen an economy that has now lost jobs every month this year.

We can pass the Defense authorization bill that provides our military with the funds they need to keep our country safe. It takes care of those who serve us bravely with an across-the-board 3.9-percent military pay raise and major investments in the physical safety and mental health of our troops, not the least of which is attempting to rebuild the military which is in a state of distress because of the Iraq war.

We can pass a Military Construction/Veterans Affairs appropriations bill to maintain and upgrade military facilities, build better military family housing, and ensure the care our veterans deserve.

We can pass a Defense appropriations bill to keep our Armed Forces prepared for combat and peacetime missions, relieve the strain of constant 12- and now 15-month deployments, and support highly classified initiatives in the fight against terrorism.

With the Presidential election drawing near, our time will be short. But with new cooperation from our Republican colleagues, we can do all this--and pass several other important bipartisan bills already passed by the House of Representatives.

So I wish all my colleagues well in their August travels. I know we are all weary from the long, difficult work period.

I also know the fights that await our return won't be easy. I hope a month back home will give our Republican colleagues a new appreciation for how America needs badly the changes they have blocked.

Our hands remain outstretched. Our eagerness to seek common ground remains as strong as ever. We will fight if we must, but we would much rather dance.

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 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 the Senate record reflect the Senate adoption of Calendar No. 924, S. Res. 624, as reported by committee.

Mr. President, I ask unanimous consent that the Senate proceed to the consideration of Calendar No. 901, H.R. 5683.

Mr. President, I ask unanimous consent that the committee amendments be withdrawn; the Lieberman substitute, which is at the desk, be agreed to; the bill, as amended, be read the third time, and passed; the motion to reconsider be laid upon the table, with no intervening action or debate; and that any statements related to this bill be printed in the Record.

Mr. President, I ask unanimous consent that the Senate proceed to executive session to consider the following nominations: Calendar Nos. 525, 645, 691, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 731, 732, 733, 734, 737, 738, 741, 743, 744, 745, 746, 747, 748, 749, 750, 751, 752, 753, 754, 755, and all nominations on the Secretary's desk relating to the Air Force, Army, and Navy; that the HELP Committee be discharged of the following nominations: PN1816, the nomination of Holly A. Kuzmich; PN1817, the nomination of Christopher Marston; and PN1454 and PN1548, routine U.S. Public Health Services Commissioned Corps; that the Commerce Committee be discharged of the following nominations: PN1858, Stephen West, and PN1859, Elisa Garrity; that the Environment and Public Works Committee be discharged of PN1872, the nomination of Thomas J. Madison; that the Senate then proceed to the nominations, en bloc, the nominations be confirmed, en bloc, and the motions to reconsider be laid upon the table, en bloc.

Mr. President, I ask unanimous consent that the Senate proceed to Calendar No. 742, and I ask that the Senate proceed immediately to vote on confirmation of the nomination.

Mr. President, I ask unanimous consent that no further motions be in order; that the President be immediately notified of the Senate's action; that any statements relating to any of these nominations be printed in the Record, as if read; that the Record reflect that had there been a rollcall vote on Calendar No. 742, Senator Webb of Virginia would have voted no; and that the Senate resume legislative session.

Mr. President, I ask unanimous consent that during the recess or adjournment of the Senate, that Senate committees may file committee-reported legislative and Executive Calendar business on Friday, August 22, during the hours of 10 a.m. to 12 noon.

Mr. President, I ask unanimous consent that notwithstanding the recess or adjournment of the Senate, the President of the Senate, the President of the Senate pro tempore, and the majority and minority leaders be authorized to make appointments to commissions, committees, boards, conferences or interparliamentary conferences authorized by law, by concurrent action of the two Houses or by order of the Senate.