Floor Statements

Mr. President, I rise today to recognize the efforts of Noticias 15,

a Nevada news program that has gone to great lengths to realize the benefits of U.S. citizenship for many new Americans.

Noticias 15 has shown the impact news media can have by supporting programs like ``Ya Es Hora . . . Ciudadani'' or ``Now is the Time . . . Citizenship'', which motivates and assists lawful permanent residents to navigate the often daunting legal hurdles of our immigration system through a comprehensive civic engagement strategy.

Noticias 15, working with its sister programs in the Entravision Communications Corporation, provides a strong example of the support that can help to more fully engage immigrant communities and traditionally underrepresented minority groups in civic participation. As one of the top-rated local early evening newscasts in the Las Vegas market, the news program has disseminated critical information on applying for U.S. citizenship, featuring segments on citizenship eligibility, requirements, and the application process. In addition, it has partnered with local and national agencies to boost voter registration among viewers.

This is particularly relevant in Nevada, where we have experienced rapid population growth in the Hispanic community--now nearly one in every four Nevadans is of Hispanic descent. We must encourage the active participation in civic life of every eligible Nevadan, and I am pleased that Noticias 15 is a partner in this effort.

Like many of my fellow Nevadans, I am aware of the challenges we have faced in increasing civic participation among Hispanics. Our proverbial wheels are spinning as we fight to make the American dream attainable for all families who work hard and play by the rules, level the playing field so that Latinos can become viable candidates for elective office, and remove the unfair barriers that hinder the Latino community from coming out to vote. Noticias 15's actions help to provide the traction that will keep our wheels from continually spinning up dust.

Today, I recognize Noticias 15 for its valuable support of ``Ya Es Hora . . . Ciudadani.'' The momentum that has been created by this program and others will lead to better opportunities for the Hispanic community and for the larger community in which we all live. I look forward to seeing more contributions from this important organization in the Silver State.

Mr. President, I ask unanimous consent that the Committee on Finance be authorized to meet during the session of the Senate on Thursday, July 10, 2008, at 10 a.m., in room 215 of the Dirksen Senate Office Building.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Thursday, July 10, 2008, at 2:30 p.m.

Mr. President, I ask unanimous consent that the Committee on Homeland Security and Governmental Affairs be authorized to meet during the session of the Senate on Thursday, July 10, 2008, at 9:30 a.m. to conduct a hearing entitled ``The Roots of Violent Islamist Extremism and Efforts to Counter It.''

Mr. President, I ask unanimous consent that the Senate Committee on the Judiciary be authorized to meet during the session of the Senate, to conduct a hearing entitled ``Passport Files: Privacy Protection Needed For All Americans'' on Thursday, July 10, 2008, at 10 a.m., in room SD-226 of the Dirksen Senate Office Building.

Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on July 10, 2008, at 2:30 p.m. to hold a closed hearing.

Mr. President, I ask unanimous consent that the Subcommittee on Clean Air and Nuclear Safety be authorized to meet during the session of the Senate on Thursday, July 10, 2008 at 10 a.m. in room 406 of the Dirksen Senate Office Building to hold a hearing entitled ``Environmental Protection Agency Oversight: Implementing the Renewable Fuel Standard.''

Mr. President, following leader remarks, the Senate will resume consideration of the FISA legislation. There will be about 2 hours of debate prior to a series of votes; therefore, Senators should expect a series of up to five votes beginning about 11:15 or 11:30 today.

We have a series of extremely important votes today. Every one of these FISA votes is very important. Likely, most of them will not be very close. That is what I have been told by my staff, but I really don't know whether that is the case. But on these votes, everyone should be here on time. We are getting a little out of the habit of being here on time. If there is a close vote, the Republican leader knows that we hold that open to make sure a vote is not decided because someone is not here if they are in the area. But that is rarely the case. Of all the many votes we have here, there are not too many that are that close. So everyone today should understand that we are going to enforce the 15-minute rule and the 10-minute rule. I hope everyone will be here ready to vote when the time comes.

Order of Procedure

Mr. President, I ask unanimous consent that the vote sequence for amendments with respect to H.R. 6304 be as follows: Dodd, Specter, Bingaman; with all other provisions of the previous order remaining in effect.

Mr. President, I ask unanimous consent that upon disposition of H.R. 6304; that is, the FISA legislation, the motion to proceed to the motion to reconsider the vote by which cloture was not invoked on the motion to proceed to H.R. 6331 be agreed to, the motion to reconsider be agreed to, and the time until 4 p.m. be for debate prior to a vote on the motion to invoke cloture on the motion to proceed, with the time equally divided and controlled between the leaders or their designees; that at 4 p.m., with no intervening action or debate, the Senate proceed to vote on the motion to invoke cloture.

Before the Chair rules on my request, I would like to make a parliamentary inquiry with reference to an agreement of June 26 with respect to H.R. 6331. Am I correct that if cloture is invoked on the motion to proceed to H.R. 6331, all postcloture time is yielded back and the Senate will then vote on passage of the bill with no intervening action or debate?

Mr. President, I wanted to build upon the remarks of the Senator from Kentucky. He commended and applauded Senator Bond, and that certainly is appropriate. But I also want to recognize, as the Republican leader did, the work they have done together. I may disagree with the result of what we have on the floor today, and the outcome of what is going to happen today, but I want everyone to know that Senator Rockefeller is a man who works hard. There is no Senator who works any harder than Jay Rockefeller. He spends, with his counterpart and counterparts, Members of the Intelligence Committee, days, days each week in a place that is secure, away from the press, staff, and the rest of the Senate, in trying to figure out what is going on in the world as it relates to bad people trying to do bad things.

They also have to keep on top of what is going on around the world as the administration advises them. So when the history books are written about this institution, one of the people they will have to write about is the good man of West Virginia, a man of wealth who decided to be a public servant. He has done that for the people of West Virginia for decades. There are a lot of great Senators who have come from the State of West Virginia, and two of them are serving now, but I

want everyone to know that my appreciation, my affection, and my total admiration for Jay Rockefeller is like no other Senator. He is a wonderful human being. I so appreciate his willingness to do this job. Not everyone runs and tries to get to be chairman of the Intelligence Committee, but he does it because he thinks it is the right thing to do for the country. We in the Democratic caucus think there is no one better to lead us in that behalf.

I will simply say that the relationships with Senator Bond and Senator Rockefeller have been extremely pleasant, and that makes this most difficult job better for all of us.

What was the request?

Mr. President, is that additional time to what we have?

I appreciate that. But should we not be going back and forth? Because Senator Feingold has been here waiting.

My understanding is 30 minutes.

Mr. President, for Members here, we are going to do this vote now, and then the Republican caucus--because of Senator Helm's funeral--is going to be today. So when the Republican caucus is completed, at 2, 2:15, we will have the final two votes before a 4 o'clock vote today on Medicare. So we will have two votes this afternoon starting at about 2 or 2:15.

Madam President, I move to reconsider the vote and to lay that motion on the table.

The motion to lay on the table was agreed to.

What is the matter now before the Senate?

I ask unanimous consent that there be 1 hour prior to the vote, which is now set for 4 o'clock, that the time be divided, with the last 20 minutes for Senator McConnell and Senator Reid of Nevada; that I have the last 10 minutes; that the other 40 minutes be equally divided and controlled between the chairman of the Finance Committee, Senator Baucus, and the ranking member of the committee, Senator Grassley.

That means there will be 20 minutes for Senator McConnell and me, and there will be 40 minutes remaining, equally divided.

Madam President, reserving the right to object, in the 10 minutes I have before the vote, I will address in some detail why this is such a fallacious idea, and I object.

Madam President, thank you very much.

My distinguished counterpart, the Republican leader, has often said there is a right way and a wrong way to get things done here in the Senate. The right way, he says, is through bipartisanship. I agree with my colleague.

Before the Fourth of July break, we saw such a stunning moment of bipartisanship in the House of Representatives. Democrats and Republicans saw the harm our country could face if Congress did not take action to pass the doctors fix. Members of Congress knew that without bipartisan leadership, doctors would face cuts in the payments they receive, which would cause them to drop patients and even drop out of Medicare completely. Members of the Senate knew that if they sat on their hands, nothing would be done, obviously, but the House of Representatives knew that if they sat on their hands, millions of senior citizens, people with disabilities, Active Duty, retired military, and their families could all face a reduction in the quality of their care. So the Democrats and Republicans in the House of Representatives passed an identical bill that is now before us, the so- called doctors fix--listen to this--by a bipartisan majority of 355 to 59. Every single Democrat voted for the measure. Two-thirds--two- thirds--of the Republicans joined them.

This is bipartisanship at its very best. When the House, by a vote of 359 to 55, votes as they did, this is bipartisanship at its best. In fact, one of the small number of Republicans who voted no felt so badly after the vote took place that he wrote a letter to all the physicians in his district and all the senior citizens in his district and said: I am sorry. I am sorry. I made a mistake. I didn't know it was so important. He said: If I ever have a chance to vote on it again, I will vote with the vast majority of the Members of the House of Representatives.

If Senate Republicans are looking for bipartisanship, they need to look no further than the bipartisan breakthrough we saw on Medicare in the House of Representatives. Republicans in the Senate should have seen the overwhelming support for this critical legislation from both sides of the aisle in the House and joined the effort here in the Senate.

As I look across this body, I see a number of us who have served in the House of Representatives: the ranking member of the Finance Committee, the Senator from Michigan, the Senator from Illinois, the chairman of the Finance Committee, and others. The House of Representatives is known as a partisan body. We are not. They showed that, for the good of the American people, they could set their partisanship aside and vote, and they did that.

If, in fact, the Republicans here in the Senate had looked and studied what took place in the House of Representatives, this bill would have passed before the break we took before Fourth of July and it would have been sent to the President and we would be spending our time today focusing on other critical priorities for the American people such as gas prices, such as housing, and issues on which Republicans have done a lot of talking but no legislating. Instead, though, Senate Republicans have once again chosen the side of delay and obstruction.

The Republicans may talk about bipartisanship--and when they do, we agree with every word they say--but words alone won't solve the Medicare problem today. Words won't support doctors. Words won't keep senior citizens healthy or veterans or Active military and their families getting proper health care. This critical problem calls not for words but action, and the only action the Republicans have taken on this Medicare issue is delay, delay, delay.

What can the American people conclude, except that the Republicans have chosen the side of the insurance companies--the insurance companies--and the HMOs that are already making untold fortunes. Last year, the so-called Medicare Advantage, they made $15 billion. How did they make it? They made it at the expense of millions of senior citizens who rely on Medicare to stay healthy.

This morning in the Senate, the Republican leader made a very interesting point, and all should listen to the point he made. He said that with more than 300 Members of the House of Representatives having voted in favor of the legislation, the Senate should follow suit and pass it immediately.

He argued that delaying or trying to amend a bill with such strong, bipartisan support from the House would serve no purpose but to delay its implementation. Senator McConnell was talking about the Foreign Intelligence Surveillance Act, FISA. But it appears that the Republican leader and his colleagues on the other side of the aisle want to have a different set of rules for each piece of legislation. On FISA, having an overwhelming 300 votes meant don't delay it and vote for it here. It means something different on Medicare, when even more voted for it.

If the 300-plus vote in the House was good enough on the FISA bill, shouldn't the 355 votes for Medicare be good enough as well? I would hope so.

In their effort to block this critical legislation, the Republicans have now concocted an argument that their opposition lies in their inability to offer amendments.

Think about that. Their opposition lies in the fact that they cannot offer amendments.

If only the majority would allow amendments, they say, this bill would sail through passage. But the facts are clear. The Senate Republican leadership was at the table when the process of the bill was discussed. The Republican leader agreed to the process about which we are now engaged. This process was agreed to unanimously by every single Senator, Democratic and Republican alike. We are here today because of that unanimous consent agreement.

The process--to which, I repeat, all Republicans agreed and all Democrats agreed--was that after a 60-vote margin on a motion to proceed, the bill would go directly to the President. There was ample opportunity to make the case for amendments prior to the unanimous consent agreement.

I have gotten to know Max Baucus, of Montana, very well in my 26 years in the Congress. I don't know of a Senator who has more of a reputation for bipartisanship than the Senator from Montana. He is known as a person who works with Republicans. That is why we, on the Democratic side, so admire him and support his chairmanship of the Finance Committee. But even Max Baucus has had enough. He has had enough. He knows he has tried. He knows this is stalling and that this is obstruction. Even Max Baucus--I believe the most bipartisan Member of the 100 Senators here--said that is enough.

Well, I made it clear a long time ago to Senator Baucus and others that we would have considered any reasonable proposal. But that time has long since passed. If Republicans were serious about passing this legislation and amendments were the only thing standing in the way, that would be one thing. They would have negotiated for amendments long before the 59-vote debacle of 2 weeks ago and certainly long before now.

It could not be clearer that the amendment argument is the latest

thinly veiled excuse for opposing this legislation to provide for doctors, senior citizens, and veterans.

These excuses for voting the wrong way aren't convincing anyone. Doctors, senior citizens, military families who rely on TRICARE, and all Americans see these Republican tactics for what they are. The Republican call for a 31-day extension is another duck and dodge. Let's think a minute. Where are we going to be in 31 days? Do you think there might be conventions going on, where Obama is being nominated and McCain is being nominated? We are out of session. That shows how fallacious and foolish a 31- or 30-day extension is. What would happen when that time runs out? We would be out of session. Well, of course, that would lead to nothing but redtape and confusion for Medicare providers during the next 30 days.

This legislation that is before this body is the very same that passed the House of Representatives, with all the Democrats and two- thirds of the Republicans voting for it, and it is supported not by a bunch of fringe groups. For example, AARP supports this. The physician community, including the American Medical Association, and all the specialist groups, such as the internists, orthopedic surgeons, and brain surgeons, all support this legislation.

The pharmaceutical industry supports it. My friends say this is very bad for seniors as it relates to pharmaceuticals. Why in the world would the pharmaceutical industry support what we are trying to do? Hospitals, the American Hospital Association, patient groups such as the American Heart Association, American Cancer Society, and hundreds and hundreds of other organizations support this.

Who opposes this bill? I will tell you who. Not hundreds of organizations, not AARP, not the American Cancer Society. Only two organizations: the insurance industry, that always has the best interests of the American people in mind. They always look out for us, as you know. Who is the other special interest group that supports doing nothing? The HMOs. How many of you remember that Jack Nicholson movie, when they brought up HMOs and whole theaters booed all over America when that provision came up?

The American people are booing the Republicans today because they have sided with the insurance industry and the HMOs. We have sided with senior citizens and with the veterans and their families. We know President Bush opposes this legislation and he threatened to veto it. Some Republicans said: Why pass a bill now when the President is going to veto it? Think about this. First of all, talk to my colleagues on the other side of the aisle. We have a government that is founded by our Constitution as three separate and equal branches. We have to do the right thing. That is how checks and balances work.

We should pass this bill because we owe it to senior citizens, veterans, the doctors who are working hard. I remind our Republican friends that the House of Representatives has more than enough votes to override the veto. There is no reason we cannot do the same in the Senate. I also remind our colleagues of what happened to the GI bill of rights, one of the landmark pieces of legislation to pass this country in the last 50 years. When Senator Webb and others introduced that legislation to give something back to our troops in the form of educational opportunities to help them succeed when they return home, President Bush and many Republicans, including John McCain, declared the bill was too generous. The President vowed he was going to veto the bill.

Surely then, some Republicans said that if the President opposes the bill, the Senate has no business debating and passing it. But we did our job. We did what was right for our troops and veterans, and we passed the GI bill overwhelmingly. To his credit, President Bush acquiesced.

I believe that if the Senate Republicans follow the lead of their House counterparts by voting for cloture today and sending the Medicare doctors fix bill to the President's desk with an overwhelming bipartisan majority, President Bush will heed the calls of the House and the Senate, of doctors, of patients, of advocacy groups, and of our troops.

I, personally, support this legislation on behalf of the 320,000 Medicare patients in Nevada and Dr. Edward Kingsley, a cofounder of the Comprehensive Cancer Centers in Las Vegas, who said:

Some physicians are not going to be able to afford [to

continue taking Medicare patients]. . . . That's ultimately

what we all fear--these patients are not going to have access

to the care they need.

I support this legislation also on behalf of the approximately 320,000 Nevadans who are Medicare patients.

I support this on behalf of the almost 9 million service men and women and families enrolled in TRICARE.

I support this legislation on behalf of the 44 million senior citizens and the people with disabilities who rely on Medicare to stay healthy and live their golden years to the fullest. That is what Medicare is about.

Since President Lyndon Baines Johnson signed the Medicare law more than 40 years ago, the Congress and Senate has always worked to improve and maintain it. Congress has never seriously threatened Medicare or the benefits our senior citizens have earned.

Before the July 4 recess, 59 Senators voted to move toward passage of the doctors fix. All Democrats voted yes--every one of us. We were joined by a small group of exemplary Republicans who were willing to stand up to the insurance companies and HMOs and the veto threats of the President.

We needed 60 votes to pass this. We came up one short. Today, we remain one Republican vote away from passing this bill. As I look across the aisle to my Republican friends, the 60th vote is there.

I urge my colleagues to vote for cloture so we can send this legislation to the President with an overwhelming bipartisan vote to reflect overwhelming support for it among the American people.

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 the consideration of Calendar No. 698, S. 2731, at a time to be determined by the majority leader, following consultation with the Republican leader; and that the only amendments in order, other than the committee-reported substitute, be the Biden-Lugar managers' package substitute amendment; two amendments from each side that are germane to the Senate bill, the committee-reported substitute and the Biden-Lugar substitute; with second-degree amendments in order to the four amendments listed above, two per side, that are germane to the amendment to which they are offered; that general debate time on the bill be limited to 2 hours, equally divided and controlled between the leaders or their designees; that the debate time on any first-degree amendment be limited to 60 minutes, equally divided and controlled in the usual form; that any second-degree amendments be limited to 30 minutes equally divided and controlled in the usual form; that upon the disposition of all amendments, and the use or yielding back of time, the substitute, as amended, be agreed to, the bill, as amended, be read a third time, and the Foreign Relations Committee then be discharged of H.R. 5501, the House companion, and that all after the enacting clause be stricken and the text of S. 2731, as amended, be inserted in lieu thereof, the bill be read a third time, and the Senate proceed to vote on passage of H.R. 5501, as amended; that the provisions of this agreement become effective only after each of the amendments covered in this agreement have been available for 24 hours for review and printed in the Record; and each leader notifies the legislative clerk that they have no objections, and places a statement in the Record; further that S. 2731 then be returned to the calendar.

Mr. President, I have spoken today to my staff, and they have been in touch with Senator Biden's staff. Senator Biden also thinks that something can be worked out.

We have been hearing for a long time that is the problem. In conversations in the past with the President's people, this is important to him. It is an important piece of legislation. I would hope that Senator Kyl and others, working with Senators Lugar and Biden, can get an agreement worked out.

This is a bill that should have wide-ranging support. I am going to file cloture, I say to my friend, so that we can have a cloture vote on this on Friday. You might want to check with your people and see if we could perhaps have it tomorrow. But that is a decision that people can reach. If cloture is invoked, we will see if we can work out a procedure for working with the amendments. Hopefully, we can do that.

In fact, to be candid, my staff said Senator Biden wants to hold this off for a couple more days. I think we are going to have to go ahead and try to move with this. So maybe with what Senator Biden and you have said, maybe if we take a look at this either tomorrow or Friday-- that is, the motion to proceed--perhaps we can work something out to have some way of moving forward.

I hope so, otherwise I would hope this will not go in the barrel of things that we cannot do this year. That would be a shame. This is a cloture petition. I could have gotten signatures on both sides of the aisle. So I appreciate the manner in which my friend has spoken. I hope this is something we can work out.

Mr. President, in view of the objection lodged against the request I made, I now move to proceed to Calendar No. 698, the Tom Lantos and Henry J. Hyde U.S. Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act, and I send a cloture motion to the desk.

Cloture Motion

I would say, before I ask that the mandatory quorum be waived, that I had the good fortune, as did my colleague, to serve with both Tom Lantos and Henry Hyde. Both of these gentlemen, while serving in the House of Representatives, came to Nevada and did campaign events for me; one was a Democrat, one was a Republican.

I have great respect for both of these tremendous House Members, both chairmen--Congressman Hyde was chairman more than once. So it will be good if we can pass this legislation.

I ask unanimous consent that the mandatory quorum be waived.

I suggest the absence of a quorum.

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

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

Mr. President, I ask unanimous consent that the Committee on Agriculture, Nutrition, and Forestry be authorized to meet during the session of the Senate on Wednesday, July 9, 2008 at 12 p.m., in S- 241 of the Capitol.

Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet during the session of the Senate on Wednesday, July 9, 2008, at 10 a.m., in room 253 of the Russell Senate Office Building.

Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet during the session of the Senate on Wednesday, July 9, 2008, at 2:30 p.m., in room 253 of the Russell Senate Office Building.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Wednesday, July 9, 2008, at 2:30 p.m.

The PRESIDING OFFICER, Without objection, it is so ordered.

committee on the judiciary

Mr. President, I ask unanimous consent that the Senate Committee on the Judiciary be authorized to meet during the session of the Senate, to conduct a hearing entitled ``Oversight of the U.S. Department of Justice'' on Wednesday, July 9, 2008, at 9:30 a.m., in room SD-106 of the Dirksen Senate Office Building.

Mr. President, I ask unanimous consent for the Committee on Veterans' Affairs to be authorized to meet during the session of the Senate on Wednesday, July 9, in room 418 of the Russell Senate Office Building, at 9:30 a.m.

Mr. President, I ask unanimous consent for the Committee on Veterans' Affairs to be authorized to meet during the session of the Senate on Wednesday, July 9, 2008. The Committee will meet off the Senate Floor in the Reception room.

Mr. President, I ask unanimous consent that the Permanent Subcommittee on Investigations of the Committee on Homeland Security and Governmental Affairs be authorized to meet during the session of the Senate on Wednesday, July 9, 2008, at 10 a.m. to conduct a hearing entitled ``Medicare Vulnerabilities: Payments for Claims Tied to Deceased Doctors.''

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on Tuesday, July 9, 2008 at 2 p.m., to conduct a hearing entitled ``Reducing Risks and Improving Oversight in the OTC Credit Derivatives Market.''

Mr. President, I ask unanimous consent that the Subcommittee on Public Lands and Forests, be authorized to meet during the session of the Senate to conduct a hearing on Wednesday, July 9, 2008, at 2:30 p.m., in room SD-366 of the Dirksen Senate Office Building.

Madam President, as in executive session, I ask unanimous consent that on Thursday, July 10, at a time to be determined by the majority leader, following consultation with the Republican leader, notwithstanding rule XXII, if applicable, the Senate proceed to executive session to consider the following nominations: Calendar Nos. 665 and 666; that there be 20 minutes of debate to run concurrently on both nominations, with the time equally divided and controlled between the chairman and the ranking member of the Armed Services Committee; that upon the use or yielding back of time, the Senate proceed to vote on confirmation of the nominations in the order listed here, with the second vote in the sequence limited to 10 minutes in duration; that upon confirmation of the nominations, the motions to reconsider be laid upon the table, en bloc, the President be immediately notified of the Senate's action, with no further motions in order, the Senate then resume legislative session, and that any time utilized during executive session count postcloture, if applicable.

This is GEN David Petraeus and LTG Raymond Odierno.