Floor Statements

Mr. President, I come to the floor today to say a few words about amendment No. 1564, an amendment I am seeking agreement on, and hopefully we will achieve agreement between the majority and minority. This amendment will allow but not require the Secretary of each service branch to allow family members of fallen servicemembers to attend one memorial service as a way of helping to honor those who give their lives to our Nation. Although the Defense Department's current regulations permit the services to provide transportation of family members to the burial service of a servicemember killed on Active Duty, the regulations do not allow travel to memorial services. This can be particularly painful when a parent or sibling cannot afford to travel to a memorial service held by a unit or even other family members.

Although some charity groups have been able to help families attend memorial services for their fallen loved ones when servicemembers die in service to their country, it is the government's moral obligation to help their families in every possible way. This is not an abstract problem; it is all too real to some families.

A little over a year ago, on May 1, 2008, a soldier with a family in both Montana and Arizona was seriously wounded while serving in Iraq. Four days after being injured he was being transferred from an Army hospital in Germany to Walter Reed. While en route, the soldier's injuries worsened and the plane was diverted to Halifax, Nova Scotia. It was there that he passed away on May 15.

Like too many children today, this soldier grew up with divorced parents. His father is a constituent of mine. His mother is a constituent of the distinguished ranking Republican on the Armed Services Committee. When his family and friends in Phoenix organized a memorial service for him, his father asked the casualty affairs officer assigned to him if the Army could pay for him to attend the memorial service. He was told, no; that it is not an authorized expense. The Army cannot pay for such a plane ticket.

My office was contacted, and we were able to work out with a nonprofit organization to obtain a plane ticket for the soldier's father to attend the memorial service but only after considerable frustration and pain.

This amendment would make travel to a single memorial service an authorized expense. It is supported by the Gold Star Mothers.

Our troops and veterans have earned every benefit and every paycheck they get from our country. Every single Member of the Senate has been steadfast in that support. But the families of folks who serve this country have earned our Nation's support and respect as well. Sometimes we do not do

enough to recognize the sacrifice that comes along with having a loved one in the Armed Forces. This amendment provides the families of our servicemembers one small measure of support and appreciation.

I thank Senators Levin and McCain for the work they have done on this bill and, hopefully, the work they did to get this amendment accepted.

I also wanted to take some time this afternoon to speak about a dire situation in Columbus, MT. At this moment there are 1,300 employees of the Stillwater Mining Company who are going to work wondering about the future of their company and the future of their jobs. Yesterday a bankruptcy court in New York nullified a contract between Stillwater Mine, the only palladium and platinum producer in the United States, and General Motors. General Motors petitioned the bankruptcy court to drop its precious metals contract with the Montana mining company so it can instead use foreign, cheaper suppliers based outside this country, specifically in Russia and South Africa. I would have a big problem under any circumstances for an American corporate icon to choose foreign suppliers over a viable American option, but when we consider that General Motors only exists today due to the direct assistance of the American taxpayer, this decision is appalling and weakens our American manufacturing base.

As a member of the Senate Banking Committee, I attended the marathon hearings late last year where the domestic automakers pleaded for government assistance. On November 18 of last year, I relayed to executives from Ford, Chrysler and, yes, GM the importance of spending taxpayer funds in the United States. I said I would have to ask: Where is the money going to be spent, who is it going to be spent on, and what country is it going to be spent in? Those are all critically important questions.

If we are using taxpayer dollars, from my perspective, it ought to be spent in the United States. In response, I was assured that taxpayer funds would be spent domestically to rebuild the auto manufacturers. By negating Stillwater's contract, GM is not investing domestically. They are not investing in American jobs. They are not investing in this country. It goes against the grain when we see a viable company that has recently gotten into trouble, such as GM, go against what they told me in committee.

When General Motors came pleading to the Senate late last year, they spoke of the fate of their employees, but they also spoke of the fate of small parts manufacturers, miners, dealerships, and other interconnected businesses dependent on GM.

I voted against giving taxpayer dollars to the auto manufacturers, just as I voted against the Wall Street bailout. The auto manufacturers didn't convince me they would spend the money wisely and that they would spend it in the United States. I wish I were wrong, but they are not spending the taxpayer dollars wisely, in my opinion, and they are not spending the taxpayer dollars in the United States. And it is the folks at Stillwater, like many auto dealerships in Montana and across rural America, who are hurting.

With its $50 billion in taxpayer funds, General Motors recently emerged from bankruptcy, and with its first repayment on the $50 billion owed to the American taxpayer, the new GM has decided to dump its only domestic supplier of palladium. They have failed to present a significant need to do business with foreign suppliers when they can contract with a company right here in America that employs more than 1,300 hard-working Americans.

For the last decade, Stillwater has supplied GM with palladium and rhodium, which are used to make catalytic converters that filter pollutants from vehicle exhaust. The palladium sales to auto companies accounted for 42.8 percent of Stillwater's revenue last year.

General Motors' rejection of its contract with Stillwater will result in company losses of about $500,000 per month and almost certainly means losing countless good-paying American jobs--and those American jobs, in this case, happen to be in Montana.

Stillwater is one of Montana's largest employers. The economic well- being of 1,300 Montanans at Stillwater who work at the mines in Nye and Big Timber is no doubt in serious trouble. GM's actions threaten the well-being of families, numerous small communities, and dozens of interconnected Montana businesses.

Immediately after the court ruled against Stillwater and its employees, I joined with the senior Senator from Montana, Max Baucus, in urging General Motors to reconsider their decision to choose foreign suppliers over a proven domestic partner.

I still hope they make the right decision and realize the new GM only exists today because of the American taxpayers--taxpayers such as the Montanans who work at the Stillwater mines. Maybe they do not care about placing American jobs at risk, but the fact is--as I do, and we do--they should.

I cannot express adequately today the disappointment I have had and that I have with GM's decision to negate the contract with Stillwater Mining. It is part of that manufacturing base that I think is so critically important to this country, and they are turning their back on it.

With that, I yield the floor, Mr. President.

I suggest the absence of a quorum.

Madam President, I ask unanimous consent to speak as in morning business.

Madam President, I rise today to call on the Senate to take action on a bill I introduced last week--the Forest Jobs and Recreation Act.

The Forest Jobs bill is a product of years of effort from Montanans who worked together to find common ground on how to best manage and protect our forests. These folks--mill owners, conservationists, hunters and anglers, motorized users--have fought each other for decades. As little as 10 years ago, their differences were so great, they were so much apart that they could not even be in the same room together.

In the meantime, forest management came to a virtual halt, a beetle epidemic swept through our forests, and not a single acre of wilderness was designated in the State. Amid all the shouting, no one got what they wanted, and all Montanans, and especially our forests, suffered for it.

With help from my fellow Montanans, we are working to fix that. That is why I am enormously proud to carry forward their work in the Forest Jobs and Recreation Act.

Besides putting aside old battles, this bill will help protect our communities from a crisis on Montana's forest lands. And make no mistake about it, Montana's forest communities face a crisis. Our forest crisis demands action, and it demands action now.

For example, in the Beaverhead Deerlodge National Forest in southwestern Montana, a shocking 660,000 acres of lodgepole pine are dead--killed by the mountain pine beetle. To put that in perspective, that is just shy of 1,000 square miles. That is a big figure, even for Big Sky country. And it is a number that is only on the rise.

What follows dead trees? Fire. As I speak, 200 firefighters are battling a wildfire just a few miles southwest of Deerlodge, MT, in those beetle-killed trees.

While no amount of work in a forest could put a stop to the beetle kill, if enacted into law, this bill will help protect our communities and our water supplies from the threats of future forest fires.

On the Beaverhead Deerlodge Forest, the bill mandates that an average of 7,000 acres a year be harvested. This work will happen in the context of larger stewardship projects aimed at restoring fishing and hunting habitat.

A council of local stakeholders will work with the Forest Service to help shape each of the projects, providing a voice to local folks in how we manage our forests.

The bill also addresses two districts on two other forests in Montana--the Three Rivers on the Kootenai and the Seeley on the Lolo. Similar work will occur in these places: big stewardship projects that are driven by local collaborations so our forests, and the communities within them, will be healthier in the end.

Let me be clear. This bill will not just help restore our forests and their watersheds, it will help restore our communities. It will put people back to work in the woods, harvesting trees, rolling up roads, building bigger culverts for fish, and tackling stream restoration projects.

A lot of mills have closed in Montana. We are at risk of losing more. If we lose that infrastructure, we will suffer an even bigger loss. We will lose the folks who know how to work in the woods. Without their know-how, without the mills to process the byproduct of their work, we will not be able to tackle head on the years of work that lie ahead-- work to restore the woods around our towns, to make them more resilient to the fires that may one day come.

Of course, in Montana, we don't just work in the woods, we play in them. That is why Montanans asked me to put aside recreation areas in this bill, and I did. Lands will be set aside for both motorized and nonmotorized use.

Lastly, I am proud to set aside some of Montana's best hunting and fishing habitats for future generations with this bill. This bill will keep some spectacular wild places with the cleanest water around you can imagine for our kids and grandkids to hunt and fish and hike and camp, places such as the Sapphires in this picture, the Snowcrests on Roderick Mountain, and lands next to our world famous Bob Marshall Wilderness.

It is a new day when motorized users, timber mill owners, back- country horsemen, hunters, fishermen, and conservationists all agree that it is time to set aside our differences for the sake of the forests and for the sake of our communities.

I have reached out to folks in western Montana to get feedback on these issues. I have held listening sessions throughout timber country, open to any and all Montanans who want to work together on a commonsense plan for our future.

Last weekend, I held a series of open meetings to announce the introduction of the bill and to hear more feedback. I have invited Montanans to visit my Web site--tester.senate.gov--to download their own copy of the legislation. Folks can also click on color-coded maps to see for themselves exactly what we are proposing. And they can sign up as citizen cosponsors of this important legislation. Already, hundreds of Montanans have signed on to make their voices heard and to help put their shoulder to the wheel to get this bill moving.

I can tell you, Montana is buzzing with excitement about this proposal. Folks see it as an opportunity to work together to support this ``Made in Montana'' solution to the conflicts that have stalemated us for far too long.

Working together, we will create jobs. Working together, we will create new opportunities for recreation. Working together, we will protect Montana's clean water. And working together, we will safeguard Montana's fishing and hunting habitat for our kids and grandkids.

Montanans are blessed to live among some of this Nation's finest public lands. We are willing to do our part to help wisely manage and protect these lands. Now it is time for Congress to step up to the plate and do its part.

Madam President, I yield the floor.

Madam President, I ask you inform me when I have 3 minutes left.

Madam President, I thank the two Senators from Arizona for the debate we have been having on this expenditure. This is not an egregious expenditure. The senior Senator from Arizona talked about 5,849 people living in Whitefish. In the 2000 census figures it is up to 8,500 now, but that is not the issue. The issue is Whitefish is here. This is it up here. We have a Canadian border 60 miles north. We have a park to the east of it. We have millions--millions of acres of Forest Service land all around it, north, south and to the west.

When we have emergencies, it is not necessarily just terrorism. They will tell you on the northern border, terrorism is the biggest threat. On the southern border, next to Arizona, it is illegal immigration. Not only do we have for this emergency operations center the potential--and let's hope it never happens--of terrorist threats coming down, whether it is in the park or north, along in Forest Service lands, we also have a very real threat again of forest fires occurring. They have happened with regularity.

The current building is one-third of the size needed. It is 100 years old. It is in a seismic zone. The truth of the matter is, we have Border Patrol, Forest Service, DEA--all rely on local law enforcement to assist them. We have radio interoperability between Federal, State, and county government that this will address. The truth is, this is for the region.

This money also leverages almost 9 to 1 in local grants--$8 million, this $900,000 leverages. So the local community is stepping up and they are picking up their fair share.

We don't want unfunded mandates put on local governments because we have potential national terrorist problems throughout this region.

The truth is that you can come up and look at a title and you can talk about it being egregious, but the truth is, millions of acres of forests, a national park, a border 60 miles away--we are talking about emergency services. The local community is supposed to pick up the entire tab for that? I don't think so and I don't think that is fair. That is why we have a $900,000 expenditure in this bill to help local governments meet the needs of this country.

I reserve the remainder of my time.

Can I ask what the sponsor of the amendment has left for time?

We have two Senators for every State in this country. Our forefathers drafted that out. The reason was we don't dictate on population, we don't dictate on landmass, we dictate on need.

The fact is, there are millions of acres of Forest Service grounds; a national park--one of the jewels of this country--to the east; a border to the north where there are real threats that we need to make secure and work with our neighborhoods to the north to make sure we do not have terrorist activity come across the border.

The truth is, the sponsor of this amendment talked about the President zeroing out this program. Why doesn't the amendment zero out the program? It doesn't. The sponsor cherry-picked one expenditure in the bill and said this isn't the way we should be spending money. I appreciate that. We are having a debate here on that. But this is much needed for the security of this country and for the security of the region.

Yes, I would.

I believe that is correct.

It is not about Whitefish at all.

That is correct.

The Senator is spot on right. That is exactly right. It is not about Whitefish at all, it is about the region, it is about the location, and it is critically important we get this money for this project. I appreciate the sponsor bringing the amendment up but, truthfully, this is not pork. This is something that will help the country being secure.

I yield the floor.

Mr. President, I rise to speak in opposition to the Feingold-McCain amendment. I do not believe this amendment serves the country well as far as it applies to the reality of public safety in rural America and the northern border.

It is important to start by noting that this is about people, about public safety, about homeland security, about firefighters and other first responders in our frontier communities and across rural America. Specifically, it is about protecting folks in and around the greater Flathead Valley region of northwest Montana.

The city of Whitefish is 60 miles from the northern border, nearby to areas where smuggling and illegal crossings are known to occur. In places such as Whitefish, local law enforcement often ends up assisting Border Patrol in response to suspicious activity at or near the border. Local law enforcement also helps out with security around and awareness about wildfires during Montana's fire season. Many of the fires up in northwestern Montana occur on Federal lands. When the Feds need assistance, whether it is the Border Patrol or the Forest Service or ICE, they depend on resources of local communities such as the community of Whitefish. In Whitefish and similar communities, local law enforcement works closely not only with those Federal agencies, but interagency cooperation is a fact of life in northwest Montana. That costs local governments money which too often they do not have with an unfunded mandate.

Special interest groups located right here in Washington on Connecticut Avenue have called the Whitefish Emergency Operations Center a pork project. Unfortunately, I question whether they know where Montana is, much less northwest Montana or the city of Whitefish or the conditions that evolve around this project. I do, as a Senator from Montana. Unfortunately, they use a figure that is off by more than one-third. I suggest this is further evidence that the folks in Washington, DC, simply do not understand the State of Montana as well as its congressional delegation.

I wish to be clear about what this amendment does and does not do. This amendment would not save the Federal Government a single penny. It would simply give the money back to FEMA to spend as bureaucrats, as unelected officials here in Washington see fit.

Before 2007, there is no doubt that the Senate appropriations process was abused. Some lawmakers buried their special pet projects deep in large bills where they had little or no chance to be reviewed by Congress or withstand public scrutiny. That is how the taxpayers ended up footing a bill for the

infamous bridge to nowhere. The very first bill I voted for, back in 2007, as a Senator was legislation to clean up the system and restore transparency and accountability to the appropriations process. Now every project secured by a Member of Congress has his or her name attached to it--no more secret requests made in the dark of night.

I am glad my name is next to the Whitefish Emergency Operations Center project. All Senators are now required to post requests we make on behalf of constituents on our Web sites. Everyone can do it. I invite folks to go to my Web site, tester.senate.gov/ appropriations.cfm, or they may want to see the distinguished Republican leader's request at mcconnell.senate.gov/approps.cfm.

The point is not that the Republican leader has asked for specific projects. The Democratic leader has also. The point is that no Senator is above the transparency requirements instituted in the last couple of years. That is a good thing. It is also a good thing that we can have this debate here today.

Why is this particular project needed, a project in Whitefish, MT? Over the last 10 years, the population of Whitefish has doubled. The fire department is transitioning from a volunteer department to a full- time professional department, as the call volume has increased, as has the population, over the last 7 years. The police department has seen call volume increase by over 200 percent in that same time. The current building is not big enough to house the growing needs of the city's first responders. The current building is in a 100-year flood plain and an earthquake zone. Why does that matter? It matters because Montana's Disaster and Emergency Services office has done a number of scenarios of massive disasters in Montana. Most of them revolve around a catastrophic earthquake that disables emergency operations in multiple cities. That is one of the most likely disaster scenarios in our State and this region of our State.

I will fight to make people around this body understand that not every disaster in this country happens in a major population center. Folks in rural America deserve to have effective and efficient emergency response also.

The new Emergency Operations Center in Whitefish will solve several deficiencies identified by a 2006 facility needs assessment. Interestingly enough, Whitefish used the Department of Homeland Security criteria for this study. The center will provide interoperability and improved efficiency for ICE, Border Patrol, FBI, Secret Service, DEA, Montana Highway Patrol, and several other regional law enforcement agencies.

The EOC Grant Program is intended to improve emergency management and preparedness capabilities by supporting flexible, sustainable, secure, and interoperable emergency operations centers with a focus on addressing identified deficiencies and needs. That is exactly what this project does.

I oppose this amendment for many of the same reasons as the senior Senator from Montana. As elected officials from our States, it is our obligation to know what the needs are out there much better, I believe, than an appointed bureaucrat.

Mr. President, I thank the Senator from Washington for her remarks. They were spot on. I had the opportunity to see part of Senator Kyl's comments on TV, and I have a few responses. Then I wish to talk about the project.

First, Senator Kyl said the EOC program was a target of the administration. His amendment is not taking away the program and zeroing it out. If that is his concern, that is what he should have done. It takes away this specific project.

The second point was about security. The fact is, the EOC program is to respond not only to terrorist activities, which I will get into in a minute, but to all hazards as they apply, natural and manmade.

Finally, fiscal responsibility was the third point. He said we can't afford this earmark. This amendment doesn't save one red cent. It moves it back to FEMA.

I spoke earlier today on the floor about this emergency operations center in Whitefish. I will reiterate some of those points. It is in the northwest part of the State, about 60 miles south of the Canadian border. People who deal with this Nation's security tell us the main threat on the northern border is terrorism. Immigration is the main threat on the southern border. This EOC facility will be located 60 miles south of the border, just west of Glacier National Park, which sits beside the Blackfeet Indian Reservation. To the north, to the west, and to the south of Whitefish are literally millions of acres of forested ground. Whether it is the potential--and I mean potential-- that something may happen on the Canadian border that is bad, this center is there. Whether it is the potential of forest fires on Forest Service ground or in the park, this emergency operations center is there. It also houses police, fire, provides for interoperability for radios. It is very much needed.

Their current facility is in the basement. It is about a third the size they need. It is built on a fault line and a flood plain. The fact is, if we want to talk about the need for an emergency operations center in this country, there is no doubt the need is here.

I wish to talk about one other thing. The EOC program is just not for manmade disasters. It is for all disasters. We all know what beetle kill and disease and global warming has done to the forests, and the northwest of Montana is no exception.

This amendment picks on one specific area in one specific State. This picks on an area I happen to know very well. I have been up there several times. I was there last weekend, one of the many weekends I go home, which is every weekend. I was in Whitefish. This area is a good place for an emergency operations center. I am an elected official from the State. I have seen it with my own two eyes. I know what is necessary. We are going to take this away and give this money back to FEMA, to an appointed bureaucrat who probably maybe has been in the State of Montana, maybe not. Chances they have been in Whitefish are doubtful.

This is a good project. I am all for fighting waste. I am all for fighting pork. The fact that we are having this debate speaks to the fact that we have moved a long way in this body, as far as earmarks in the middle of the night plugged in and not having the opportunity to debate them. I will tell my colleagues this: This is a good project. It is a project that spends our taxpayer dollars wisely, and it will benefit the entire country when it is done. It is a project that is very much needed. There is no pork in this. This is about our country's security.

It is unfortunate I didn't have the opportunity to visit with the good Senator from Arizona while he was on the floor because, quite frankly, it may have changed his opinion. Maybe not. I don't know why he singled this project out for his amendment. He brought up the point that the administration took the EOC program, and it was a target of the administration. Then put up an amendment to zero it out. That is not what his amendment does. He talked about fiscal responsibility. This doesn't save a penny. The fact is, if we are talking about security, it is just not manmade terrorism, it is emergency hazards caused by Mother Nature. This facility will help address all those issues.

I appreciate the opportunity to speak to this issue. This is an unfortunate amendment, but we will vote on it and see what happens.

I thank the Senator from Washington for her leadership and support.

I yield the floor.

Mr. President, General Deppe went on to command the Air Force's land-based strategic deterrent force at 20th Air Force in Wyoming before his present assignment as the Vice Commander of Air Force Space Command.

During General Deppe's tenure as Vice Commander, Air Force Space Command, he provided inspirational leadership to over 39,000 personnel responsible for a global network of satellite command and control, communications, missile warning, and space launch facilities and ensured the combat readiness of America's ICBM force. Exploiting his unique blend of operational experience and staffing acumen, General Deppe championed the implementation of a new management headquarters construct through Air Force Space Command's ``Lanes-In-The Road'' initiative. The results clearly aligned the command's headquarters organizations with its own functional concepts as well as the operational mission areas outlined in the U.S. Air Force Concept of Operations. In addition, he guaranteed the future viability of the Air Force Nuclear Enterprise by driving major system revitalization initiatives, to include the Air Force chief of staff-approved creation of an ICBM weapons instructor course at the U.S. Air Force Weapons School. He was instrumental in successfully implementing visionary space mission area initiatives with wide-ranging national and international implications, to include the launch and range enterprise transformation effort, the commercial and foreign entities support pilot program and the operational expansion of on-orbit global positioning system and wideband global satellite communications capabilities. Finally, General Deppe oversaw the command's lead role to stand-up the 24th Air Force to execute the Air Force's cyberspace mission.

General Deppe's impeccable service is characterized by his Master Missileer Badge, Command Space Badge, Space Professional Level III certification, operational space experience in nuclear operations and spacelift, weapon systems expertise in the Minuteman II, Minuteman III and Peacekeeper ICBMs, Hound Dog and Quail Air-Launched Cruise Missiles, the Ground-Launched Cruise Missile and the Atlas III, Titan IV, Delta II and Delta III boosters.

Today Senator Baucus and I have mentioned but a few of MG Thomas F. Deppe's many achievements. General Deppe is a visionary, steadfast military leader and honorable man. I know my colleagues join us in paying tribute to him and his wife Eileen and their children, Lisa, Tom and Ken, for the 42 years they have dedicated to our country and to the betterment of the U.S. Armed Forces. General Deppe, thank you for your service to our Nation, and we wish you well.

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

Madam President, I rise this morning to speak about an important plan to protect American consumers. Specifically, I call on the Senate to pass tough new reforms in the credit card industry. I have been working for months with my colleagues on the Senate Banking Committee to write this important new legislation. I am proud to have played a part in Chairman Dodd's bill, the Credit CARD Act.

This bill includes legislation I introduced last year to outlaw what is called universal default. That is the term given when the credit card companies raise interest rates on customers if their credit scores fall for any reason--even if those customers pay their credit card bills on time. They may call that universal default, but where I come from in Montana, they call that a ripoff.

This reform legislation puts common sense and honesty back into the credit card industry. It will establish a new set of standards at a time when hard-working, honest folks are getting squeezed in this tough economy.

Simply put, Montanans are not happy with the credit card companies. All of us are getting fed up with hidden fees, high interest rates, and confusing small print. Every day, I get calls and letters and e-mails from folks back home who want the Senate to take action to rein in these predatory practices of the credit card industry. I have here in my hand a few of those examples.

The first one is from a man from Belgrade, MT, in Gallatin County. He writes this--and I will quote him at length:

These institutions have bilked us. They took the bailout

money and had no qualms about undertaking more irresponsible

actions to loot the American taxpayers and consumers again. I

will use myself--a small business owner so small you might

call us a nano-business--as an example. Four or five months

ago, we hit a bump in the road and got behind with [our

credit card company]. Knowing that this was going to be a

temporary situation pending the closing on the sale of some

property we owned, I stayed in at least weekly contact with

[our credit card company] to keep them informed and assured

them that we had every intention of meeting our obligation,

which we did. What happened then is almost unbelievable. My

interest rate was increased to over 27%. I was charged

various fees for being late that amounted to over $1100.00. .

. .What really made me feel ripped off is that I had been a

card holder [with that company] FOR TWENTY-SIX YEARS!!!

Madam President, I am all about personal responsibility. Folks need to make good decisions on their purchase obligations. But plastic personal debt can be very dangerous and addictive. Ordinary Americans can get in over their heads very quickly, and that is why the Senate needs to pass commonsense legislation to protect consumers from abuse.

A lady wrote me from Glacier County, MT, and said this:

I hope you will be willing to stand up to the banks when it

comes to credit card regulation and oversight. Consumers need

protection. In our home, we just saw interest rates on many

of our credit cards jump for no reason. . . .How are we

supposed to be participating in an economic recovery when our

cash is being siphoned off for these unfair charges? You have

a chance to do something about that--

She went on to say--

I hope that you will.

I, too, hope that we will. I hope the Senate will pass the Credit CARD Act. This bill will ban universal default, the jacking up of interest rates even when the account in question is in good standing. It will protect consumers who pay their bills on time by outlawing interest charges on debt paid on time. It gives consumers another week to pay their monthly bills. It limits fees and penalties. It ensures that cardholders will know the small print. And it protects young Americans, who are often most vulnerable, from predatory practices by the credit card companies.

I voted against the Wall Street bailout because handing bags of money to big Wall Street bankers and hoping the money would trickle down to Main Street small businesses and working families made no sense to me. Now we see some of the recipients of taxpayer bailouts jacking around the regular working folks who make this country run and who are having a hard time in this difficult economy, brought on by mismanagement here and by crooked deals on Wall Street.

It is important to note that not everyone in the banking industry is guilty of gross exploitation of the American consumer. But the bad actors on Wall Street and the credit card companies need to be reined in, and the rights of the regular public need to be protected.

I am pleased President Obama had the credit card executives down to the White House the other day to encourage them to treat consumers fairly. I call on the Senate to step to the plate and deliver meaningful legislation that will put in place commonsense consumer protections.

Thank you, Madam President. I yield the floor.

I suggest the absence of a quorum.

Mr. President, Montana has a long history with its first citizens, the Native American Indian people that comprise my State's eight tribes. Montana's history with our tribes, like those at the Federal level, has fluctuated greatly over the years. At first treatment was shameful, characterized by war and violence. After the wars, the Federal Government engaged in neglect, by placing Indians on remote reservations and trying to forget about them. At long last, we have moved to the more progressive and enlightened policy of today-- self-determination. This shift has been a long time in coming, but it is critical. Under this new policy, we appreciate tribes as sovereign units of government and work with them in that capacity to become self- sufficient through self-determination.

One of the good things Montana does on a biennial basis is ask an elected tribal chairman to address a joint session of the Montana Legislature and present a State of the Indian Nations speech. On March 10, 2009, James Steele, Jr., who is both chairman of the Confederated Salish and Kootenai Tribes of the Flathead Reservation and, the recently elected Chairman of the Montana-Wyoming Tribal Leaders Council, addressed my former colleagues in the legislature. I found his speech to be a thoughtful call for cooperation in addressing the current economic problems we face. It was also a fascinating description of the history of State/tribal relations. I think my colleagues in Congress will appreciate, and learn from it. I therefore ask unanimous consent to have Chairman Steele's speech printed in today's Record.

There being no objection the material was ordered to be printed n the Record, as follows:

Good afternoon.

Thank you House Speaker Bob Bergren.

Thank you Senate President Robert Story.

Thank you also to Margarett Campbell, a Fort Peck Tribal

member and the first Indian House Majority Floor Leader.

Thank you for the opportunity to speak in this

distinguished chamber and for the opportunity to speak to the

leaders of Montana, who have gathered here for this State of

the Tribal Nations address.

I also thank the Montana National Guard that presented the

colors. You have served our Nation well in putting yourself

in harms way and you continue to serve through your community

service. As United States Senators John McCain and Dan

Inouye--themselves both war heroes have often pointed out--

American Indians have a proud tradition of serving in the

military in the highest percentage of any ethnic group in the

United States. We ask our Creator for Godspeed for all

Americans that serve this great country in places far away

and pray for their families who also make tremendous

sacrifices for the freedoms we have.

May I ask Bruce Sun Child from the Chippewa Cree Tribe to

lead us in a prayer.

(Sun Child speaks in the Cree language.)

Thank you Bruce for your words of prayer.

I am pleased to introduce the Tribal Government leaders

that have joined us today.

(Identifies tribal leaders by name)

Tribal leaders, I am honored to represent you today, as

Chairman of the Montana-Wyoming Tribal Leaders Council and as

Chairman of the Confederated Salish and Kootenai Tribes.

Honorable Governor Brian Schweitzer and Lieutenant Governor

John Bohlinger, thank you. Throughout your administration,

you have opened the front doors of the Capitol to the Tribes

and we have walked through those doors many times. We look

forward to continuing our government-to-government

relationship throughout the next four years.

I thank the distinguished members of the Senate and House

of Representatives and in particular, the American Indian

legislators of Montana:

Representative Shannon Augare, House Majority Whip

Representative Tony Belcourt

Representative, Frosty Calf Boss Ribs

Representative Carolyn Pease-Lopez

Representative David Roundstone

Senator Carol Juneau

Senator Sharon Stewart-Peregoy, and Senator Jonathan Windy

Boy

We look to you for leadership and guidance as the

legislative session continues.

I would also like to recognize the state-wide elected

officials in attendance today Superintendent of Public

Instruction, Denise Juneau, the first Indian woman to be

elected to state-wide public office; Attorney General Steve

Bullock; Secretary of State Linda McCulloch and State Auditor

Monica Lindeen.

There are members of the Governor's cabinet present today,

as well as representatives from the offices of Senator

Baucus, Senator Tester, and Representative Rehberg.

I would especially like to thank and honor today Mr.

Gilbert Horn, Sr. an Assiniboine of the Fort Belknap Indian

Reservation, who, like the more storied Navajos, used the

Assiniboine language with Gerald Red Elk of the Ft. Peck

reservation to create a code our enemies in World War II were

never able to break. At one point in the war Gilbert Horn

successfully attacked a Japanese machine gun post and despite

finding his uniform riddled with machine gun bullets managed

to survive unscathed. He was awarded the Congressional Medal

of Honor but this humble man felt like he didn't deserve

special recognition because he was only doing his job. Thank

you Gilbert Horn for your service to this country.

Thank you all.

Elected leaders, tribal elders, ladies and gentlemen: On

behalf of the Tribal Nations across the State of Montana, I

am honored to present the State of the Tribal Nations

address. My name is James Steele, Jr., and I am the Chairman

of the Confederated Salish and Kootenai Tribes and the

Chairman of the Montana-Wyoming Tribal Leaders Council.

We live in times of tremendous change, politically and

economically. We have seen history made in the election of

President Barack Obama and his appointments of the most

diverse cabinet in the history of the nation.

And we have also lost a great leader. This past month, Crow

Tribal Chairman Carl Venne passed away--a tremendous loss for

the Crow Nation, Montana, and the Country. Carl was a former

Chairman of the Montana-Wyoming Tribal Leaders Council and

gave this address during the 2007 legislative session. Please

let us honor the passing of this great leader, this great

man, and my friend, with a moment of silence.

The Charles M. Russell painting that dominates this Chamber

serves as a reminder of the historic relationship between the

Tribes and those who came west to this great country. Charlie

Russell recognized that the coming of Lewis and Clark had a

profound impact on the Indian people, as our way of life

was changed forever. In 1805, the economies of Native America

were strong and thriving. In fact, in his orders to Lewis and

Clark, President Jefferson instructed the two captains to

take note and report to him on the economic activities of the

Tribes, for Jefferson knew they were vibrant. Our families

were strong units. We depended on each other for our

survival. There was food, clothing and shelter with a strong

religion and value system. An interesting aspect of Thomas

Jefferson is that he had studied the governing structure of

the six nations that comprise the Iroquois Confederacy and he

was fascinated by the idea that there could be independent

tribal governments who had autonomy from one another but who

also coalesced for their common good. Historians believe that

the relationship between those tribes influenced Jefferson

and played a role in the crafting of the Constitution and the

establishment of the United States.

The Russell mural depicts an event that took place on

September 4, 1805 when Lewis and Clark's journey embarked on

Salish territory at Ross Hole. The encounter between them and

the Salish tribal people was a monumental event that

ultimately led to the success of the expedition. The Salish

people graciously provided the explorers with fresh horses,

food and other vital supplies that were needed for their trek

across the Bitterroot Mountains to the Pacific Ocean.

Without our assistance at Ross Hole and that of other

tribes along the way, who knows what the outcome of the

journey would have been. These people came looking for a new

life, for opportunity, for the freedom to practice any

religion they chose. They came looking for hope and

opportunity, and we as Indian people hold that in common with

them today. Maybe if Indian people had a strong policy on

immigration things might have turned out quite differently!!

Today, we begin another partnership. It is a partnership

that must be based on mutual respect and an understanding. We

all must benefit if we as a state are to move forward. What

is essential if we as Indian people are going to survive is

that the State of Montana accepts the most basic premise that

Indian tribes are sovereign units of government. It should be

noted that the Constitution of the United States identifies

three units of government and those are federal, state and

Indian tribal governments. We are not racial groups who

happen to live on a particular land base and want what other

interests groups want. We are the successors in interest to

those who signed treaties with the United States that allowed

for Montana to be created. The United States does not sign

Treaties with interest groups, they sign treaties with

governments and our treaties were ratified by the United

States Senate. They are binding contractual agreements in

which we reserved to ourselves the rights of self-government

and when the western states joined the Union their enabling

acts committed them to respecting that authority. There

are times when this phenomenon has created jurisdictional

problems but to a great extent Montana, particularly in

more recent years, has come to understand that our

relationship is one of two governments that must be built

on mutual respect. I believe that by carrying out this

relationship in a mutually respectful fashion we can

better the lives of the people who live on Indian

reservations as well as those who do not. I believe that

Indian reservations are good for Montana and can in fact

significantly aid Montana in the area of economic

development.

At this time it is important that we focus on economic

development, job creation, education and health care. These

things go hand in hand and our concerns are the same as

yours. For too long our people have struggled in economically

depressed communities. Our country is in the most severe

economic downturn in a generation. But for Indian Country,

this is not new as reservations have long suffered with high

levels of unemployment. The question is how can Montana help

its tribes develop and how can those tribes in turn assist

Montana to develop its economy? One source of information

that I would ask Montana's officials to look at is the study

funded by the State & Tribal Economic development Commission

and the University of Montana called the Uncovering Economic

Contributions of Montana's American Indian Tribes.

Montana's reservations contribute to the state economy by

purchasing goods and services from surrounding communities

throughout the state with revenue generated from natural

resource-based jobs, tribal businesses, federal funds that

support some tribal operations and revenue from tribal

assets.

Cooperative agreements between the Tribes and State will

improve the economic conditions of the reservations and would

benefit the State of Montana.

State and tribal leaders, consider these areas for

cooperative agreements:

Partnerships focused on bringing a business development

approach to tribal communities though technical assistance

and strategic partnerships.

Improve management skills and the ability to land job-

creating grants by using tribal colleges to train the

workforce.

Assist Tribes with due diligence on energy development

technologies.

These are just a few items to consider in the efforts to

improve the health and well-being of our communities.

The Salish and Kootenai Tribes are mapping out our future

as energy providers. This effort will reach a new stage in

2015 when CSKT purchases Kerr Dam and becomes a supplier of

hydroelectric energy. CSKT has also successfully managed our

local electric utility, Mission Valley Power, for the past 20

years and now serves 14,000 Indian and non-Indian customers.

The great Crow Nation has taken a bold step and signed an

agreement with the Australian Energy Company to form the Many

Stars Coal-to-Liquids Project. This effort will bring

significant opportunities to the Crow people and to all

Montanans, through the creation of 4,000 Montana-based jobs,

an increased tax base, and will have a vast positive economic

impact.

The GROS Ventre and Assiniboine Tribes of the Fort Belknap

Reservation have used their Indian Country Economic

Development funds for the creation of the Little River

Smokehouse. This has brought great pride to the Assiniboine

and Gros Ventre people. Thank you for this important program

and please continue its funding this session.

The Little Shell Chippewa Tribes continue to receive our

support in their endeavors to gain federal recognition.

Senators Max Baucus and Jon Tester and Congressman Denny

Rehberg have also supported the tribes in their 31-year

effort for recognition.

The Northern Cheyenne is delicately balancing energy

development to create jobs while being environmentally

conscience with their traditional values.

The Assiniboine and Sioux Tribes of the Fort Peck

Reservation are proud to report that they were the first to

sign a revenue sharing agreement with the State of Montana to

eliminate duplicate taxation of new oil and gas development

on the reservation. This creates a competitive business

environment on the reservation, leading to more development

of tribal oil and gas resources and increased economic

opportunities for tribal members.

The Chippewa Cree Tribe is engaging in energy development

on and around the Rocky Boy's Reservation that will create

more jobs, generate revenue, and provide direct control over

development of land and resources. The Tribe has partnered

with Native American Resource Partners (NARP) to create a

tribally-owned energy company for exploring and developing

oil and gas resources. The priorities will be on natural gas

exploration and development followed by wind energy

progress.

The Blackfeet Nation is working to upgrade Pikuni

Industries to manufacture materials for Defense Department

contracts; and oil drilling efforts have increased on the

western side of the Blackfeet Reservation. The Tribe is also

in discussion with wind energy producers about several wind

projects on the Reservation.

These are just a few examples--from among many--of the

efforts tribal governments are making to improve the health

and well-being of our peoples.

Even with high rates of unemployment, the seven Indian

Reservations of Montana and the state-recognized Little Shell

Band of Chippewa, contribute a combined total of $1 billion

annually to the Montana economy. Those numbers may surprise

some people, but to those of you who work every day to make

your home communities better for your people, these figures

come as no surprise.

This is an important time to come together. It's important

to remind ourselves and our surrounding communities that

together, we are greater than the sum of our parts. An

example of that played out when Transportation Director Jim

Lynch reached out to Indian Country to coordinate conference

calls about economic stimulus dollars and transportation

funds. Our Nations are hungry for improvement and the tax

status of Indian reservations can be attractive to industry.

In the more immediate term, during this legislative

session, you will hear many ideas to help make Montana, even

better.

The Governor has already signed into law Senate Bill 39,

sponsored by Senator Carol Juneau, extending the duration of

the Reserved Water Rights Compact Commission. I thank Senator

Juneau, this legislative body, and the Governor for taking

quick action on this bill, which is so vital to the economic

future of my people and all Montanans. SB 39 will allow the

CSKT and the State the time to negotiate a water compact that

is fair for all who live on the reservation.

While there are many bills worthy of support, I must urge

your support in particular for several bills that are vital

in Indian Country because of their effect on our economies:

House Bill 161, sponsored by Representative Shannon Augare,

ratifying the Blackfeet water compact. This bill represents a

vital step in the journey towards fair and just water rights

for the Blackfeet Tribe and tribal members, and I thank

Representative Augare for sponsoring the bill.

House Bill 135, sponsored by Representative Tony Belcourt,

funding the Peoples Creek mitigation account, as part of the

Fort Belknap water compact. With this bill, the State begins

to fulfill its obligations under the compact to the people of

the Fort Belknap Reservation. Thank you Representative

Belcourt--or Landslide Tony as some of us call him--for your

sponsorship.

Senate Bill 201, sponsored by Senator Jesse Laslovich,

revising the Crow water compact. This important bill allows

the Crow Nation to access their interest earnings on funds

appropriated as part of the State of Montana's obligation

under the compact. With these monies, the Crow will be able

to set up their

water administration office, as well as complete the

ratification process of their water compact in the U.S.

Congress. I thank Senator Laslovich for sponsoring this

legislation.

House Bill 158, sponsored by Representative Shannon Augare,

allowing for direct tribal access to economic development

funding. This bill allows tribes to directly access the

state's Big Sky Economic Development program funding.

Representative Augare understands that the tribes will need

to access all the resources they can to help their peoples

during these times of economic crisis.

Senate Bill 456, sponsored by Carol Juneau, exempting

tribally owned property from state property taxes, just as

all governments in Montana are exempt from state property

taxes. I am thankful for Senator Juneau's persistence in

sponsoring this important bill, which is a simple matter of

fairness and an important symbol of respect for the state-

tribal government-to-government relationship.

I thank you for supporting the Indian Country Economic

Development program, contained in House Bill 2. This program,

established as part of the Governor's budget in 2005, has

been a critical engine of economic growth in Indian Country,

and is now more important than ever given the economic

crisis.

Legislators, as you deliberate in making laws and decisions

that affect the great State of Montana, let Charlie Russell's

painting remind you of your obligation to include Native

peoples as your neighbors, partners and friends. Let us move

forward together.

Thank you.

Lem Lemts.

Five or ten minutes. I will probably use 5 minutes.

That is perfect.

Madam President, I thank the Senator from North Dakota. I rise today to talk more globally about the budget. After 8 long years of failed Federal policies that have driven our economy into the ditch, the Senate this week is finally considering a budget that sets us on the right path--a path that will get us out of the ditch--with balanced priorities for the American people. It is about time.

Last week, more than 5.5 million people filed for unemployment claims in this country. Unfortunately, that is a new record. Overall, the economy declined at an annual rate of 6.3 percent in the fourth quarter of last year, and experts say it is continuing to shrink. We are feeling the effects in Montana in the mining industry, wood products industry, and especially in the construction industry.

In fact, every county in northwestern Montana is suffering from unemployment that is at 10 percent or worse. At last week's annual employment expo in Kalispell, MT, 4,000 Montanans showed up looking for a job. That is an increase of 1,500 from last year; nearly a 40-percent increase. Times are tough.

Some DC politicians say: Don't worry about it; the recession is temporary. But let me tell my colleagues, for folks who have lost their jobs or who fear they will lose their jobs at any time, that kind of attitude is out of touch. We need action now, and this Congress is working with the President to provide that help.

Earlier this year, we passed the American Recovery and Reinvestment Act, which I call the JOBS bill. The JOBS bill is creating and keeping millions of jobs, and it is pumping hundreds of millions of dollars into our State's economy to build roads, water systems, repair our schools, health care facilities, and energy projects. Throughout Montana and across rural America our infrastructure is worn out. This JOBS bill is a first step to rebuild our economy from the ground up by reinvesting in infrastructure and providing tax relief for hard-working Americans. This budget is the next step in that effort.

For far too long in this town budget policies were set by folks whose ideology said ``deficits don't matter,'' as Vice President Cheney famously put it.

That was nonsense then and it is nonsense now. Unfortunately, the legacy of that ideology is a national debt that doubled between 2001 and 2007. I thank the chairman of the Budget Committee, Kent Conrad. We are cutting those record Republican deficits in half in just 3 years. That cannot be the end of the story, but it is a good start.

Once we get the economy up and running again, we are going to need tough fiscal discipline to pay off the piles of debt run up by the previous administration and its allies in Congress.

Some DC politicians claim the budget mess left to us by the Bush administration is an excuse to do nothing on urgent priorities such as energy, education, health care, and tax relief for middle-class families and Main Street small businesses. Continuing to accept those excuses would be the worst mistake we could possibly make.

For example, we must take action on comprehensive plans to overhaul our energy policy to make America energy secure once and for all. Our national security depends on us getting that right. Energy security is national security. Ask the Eastern Europeans how it felt when the Russians cut off their natural gas supply in the middle of winter. We need to take aggressive action on energy policy. We cannot wait until gasoline prices push to $5 a gallon again. We must try to develop a broad-based energy policy, and we must act now.

Instead of a balanced energy policy to ensure our security with renewables and conservation measures, some people want to see us drilling more in our untouched hunting and fishing habitat places, such as the Rocky Mountain Front. This makes no sense. There are places we should drill, and Rocky Mountain Front is not one of them.

Montana has always been an energy resources-producing State, and we always will be. But we need to protect our outdoor heritage and invest in sustainable, renewable sources of energy such as biofuels, wind, solar, and geothermal power.

This budget outline builds on the JOBS bill's investment in renewable energy, efficiency and conservation, low carbon coal technology, and modernizing the electrical grid.

This budget also puts a priority on education. My life tells the story of the power of education and the opportunity it provides. For me, the grandson of dry land homesteaders, to be selected by my friends and neighbors in the State of Montana to serve them in the Senate, that is a story that is only possible because of my education. Smart investments in education generate economic growth and jobs. Education and training prepare our workers to compete in a global economy.

This budget prioritizes education from early childhood initiatives, such as Head Start, all the way up to Pell grants to make college more affordable.

Some on the other side also argue their budget deficits are an excuse not to reform health care in this country, but I believe we cannot afford to wait. We have to rebuild our health care system because it is broken. Too many Americans lack health care. Too many families live every day in fear that one illness could ruin them.

This budget starts us down the road of allowing Congress and the President to work together to reform our Nation's health care system so our families can thrive.

I know this budget process is always a partisan exercise, but it is my hope that when we start to work out the details of health care reform, we do it in a bipartisan manner. That is an issue that impacts every American family. So I hope we can work together to pass commonsense solutions.

Again, I thank Senator Conrad and the Budget Committee for producing a budget that continues to support one of my highest priorities since coming to the Senate--honoring the service and commitment of our Nation's veterans and their families.

This budget builds on bipartisan efforts in the last 2 years to boost funding to get the VA into working order. At long last, the quality of care at the VA is starting to improve. We have begun to bring some priority 8 veterans back into the system. This budget provides resources to continue those important steps.

Finally, we need to pass this budget resolution to ensure middle- class tax relief, so ordinary folks can get ahead and our Main Street small businesses can prosper.

This budget resolution is our national mission statement. The mission of this Congress is to work with the President to get us out of the ditch and rebuild our economy from the ground up by cutting the Republican deficit in half and investing in important priorities, such as energy, education, health care, middle-class families, and small businesses.

No budget is perfect, and I look forward to supporting amendments that can improve this one. But this is a responsible budget with balanced priorities. I urge the Senate to pass it.

I yield the floor.

Mr. President, my colleagues and I rise today to introduce the Tribal Health Promotion and Tribal Colleges and Universities Advancement Act of 2009.

Indian Education is perhaps the most important issue facing Indian Country today because education represents hope. Higher education leads to better job opportunities. Better jobs lead to higher income. Higher income leads to greater access to health care, adequate housing and overall, a higher quality of life. Higher quality of life leads to strong communities. Happy, healthy and strong communities are more resistant to the destructive forces of poverty such as chemical abuse, violence and neglect. This bill will improve Indian Country by addressing three of the most pressing issues facing it today: healthcare, job creation and education.

No one disagrees that 85 percent unemployment in Indian Country is unacceptable. No one disagrees that it is unacceptable that the majority of America's at-risk youth live in Indian Country. However, merely reciting these statistics over and over will not make the situation any better. We need to work together to make Indian Country a better place to live, work and raise a family.

We introduced this vital legislation to help advance the remarkable work of tribal colleges and universities. Through grants awarded under this bill, tribal colleges and universities will have additional resources necessary to strengthen Indian communities by providing healthy living and disease prevention education, outreach and workforce development programs, research, and capacity building. Not only will it improve education, but it will also improve the delivery of culturally appropriate health care services. In addition to good education and increased access to health care, this bill will also help create good jobs for tribal members living on American Indian reservations.

Tribal Colleges and Universities are accredited by independent, regional accreditation agencies, and like all institutions of higher education, must undergo stringent performance reviews to retain their accreditation status. In addition to offering postsecondary education opportunities, tribal colleges serve reservation communities by providing critical services including: libraries, community centers, cultural, historical and language programs; tribal archives, career centers, economic development and business centers; health and wellness centers, public meeting places, child and elder care centers. Despite their many obligations, functions, and notable achievements, tribal colleges remain the most poorly funded institutions of higher education in this country.

The continued success and future of the Nation's tribal colleges and universities depends on their ability to provide higher education and community outreach programs. For them to succeed however, they must have the financial resources to do so.

As a Montanan and member of the Senate Indian Affairs Committee, I am proud to introduce this legislation. I look forward to swift consideration and eventual passage.

Mr. President, my colleagues and I rise today to introduce the Tribal Health Promotion and Tribal Colleges and Universities Advancement Act of 2009.

Indian Education is perhaps the most important issue facing Indian Country today because education represents hope. Higher education leads to better job opportunities. Better jobs lead to higher income. Higher income leads to greater access to health care, adequate housing and overall, a higher quality of life. Higher quality of life leads to strong communities. Happy, healthy and strong communities are more resistant to the destructive forces of poverty such as chemical abuse, violence and neglect. This bill will improve Indian Country by addressing three of the most pressing issues facing it today: healthcare, job creation and education.

No one disagrees that 85 percent unemployment in Indian Country is unacceptable. No one disagrees that it is unacceptable that the majority of America's at-risk youth live in Indian Country. However, merely reciting these statistics over and over will not make the situation any better. We need to work together to make Indian Country a better place to live, work and raise a family.

We introduced this vital legislation to help advance the remarkable work of tribal colleges and universities. Through grants awarded under this bill, tribal colleges and universities will have additional resources necessary to strengthen Indian communities by providing healthy living and disease prevention education, outreach and workforce development programs, research, and capacity building. Not only will it improve education, but it will also improve the delivery of culturally appropriate health care services. In addition to good education and increased access to health care, this bill will also help create good jobs for tribal members living on American Indian reservations.

Tribal Colleges and Universities are accredited by independent, regional accreditation agencies, and like all institutions of higher education, must undergo stringent performance reviews to retain their accreditation status. In addition to offering postsecondary education opportunities, tribal colleges serve reservation communities by providing critical services including: libraries, community centers, cultural, historical and language programs; tribal archives, career centers, economic development and business centers; health and wellness centers, public meeting places, child and elder care centers. Despite their many obligations, functions, and notable achievements, tribal colleges remain the most poorly funded institutions of higher education in this country.

The continued success and future of the Nation's tribal colleges and universities depends on their ability to provide higher education and community outreach programs. For them to succeed however, they must have the financial resources to do so.

As a Montanan and member of the Senate Indian Affairs Committee, I am proud to introduce this legislation. I look forward to swift consideration and eventual passage.

Mr. President, I rise today to introduce the Common Sense in Consumer Product Safety Act of 2009 on behalf of the folks across America who are outdoor enthusiasts and budding sportsman and women. This bill will bring a common sense approach to restrictions we place upon access to children's products.

Last fall, in response to the high lead paint content found in a number of toys and products intended for children, the Congress passed legislation to limit children's access to these dangerous products. Many of these products were imports from China and other places where consumer protection is weak or non-existent. I supported this legislation, as did 78 of my colleagues.

Today, however, we have learned that this bill has had some unintended consequences. Any product sold that is intended to be used by children up to the age of 12 must be tested and certified to not contain more than the allowable level of lead.

While the goal is admirable, it is important to inject a little common sense into the process. I want our kids and grandkids to be safe and protected from harmful toys, but we all know that most kids who are past the teething stage do not chew on their toys. It is important to enact responsible safety requirements while at the same time recognizing that overzealous restrictions can interfere with a way of life enjoyed by not just Montanans, but outdoor enthusiasts across America.

As the Vice Chairman of the Congressional Sportsmen's Caucus, I am proud to stand up for Montana's outdoor heritage at every chance. Unfortunately, the new law goes too far and limits younger Montanans' opportunities to be a part of that heritage.

My bill will protect small businesses and allow families better, safer access to the outdoors.

The current law extends to all products intended for the use of children through the age of 12. This includes ATVs, dirt bikes and other vehicles built specifically for the use of older kids and adults; the way the vehicles are built, parts that might include lead are not totally sealed away and therefore they do not pass the standard of inaccessibility required by law. As a result of this requirement, a number of ATV sales and retail establishments have halted the sale of all ATVs for kids. In an abundance of caution, they have also refused to repair any equipment intended for kids use.

I have heard from many Montanans--consumers and retail sales people alike--expressing their concern about the impact of the legislation upon outdoor motor sports. Therefore today, I am introducing this bill to designate an exception for vehicles intended to be used by children between the ages of 7 and 12.

In addition to manufacturers and merchants, thrift stores and other retail establishments are also implicated because of the wide-reaching scope of the legislation. It is possible that even holding a yard sale can lead folks astray from the new law. Therefore, my bill also removes liability for lead paint content in any product that is repaired or is resold by thrift stores, flea markets or at yard sales. The liability in place at the time of primary sale of these products is sufficient and it could cripple the profitability of the secondary merchants if they were to be liable for testing the products they resell or repair.

In this tough economy, second-hand resellers simply can not afford the third-party testing requirement put in place by last fall's bill. At the same time, more and more of Montana's families are finding their budgets tighten and are relying upon thrift and resale stores for toys, children's clothing and other household goods. I want to make sure that laws intended to keep our kids safe end up doing more harm than good.

I think this a very important bill, bringing a dose of common sense to the very important goal of protecting our kids from lead paint and other substances that will harm their health. I urge my colleagues to join me in this effort.

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

Mr. President, I rise today to introduce the Common Sense in Consumer Product Safety Act of 2009 on behalf of the folks across America who are outdoor enthusiasts and budding sportsman and women. This bill will bring a common sense approach to restrictions we place upon access to children's products.

Last fall, in response to the high lead paint content found in a number of toys and products intended for children, the Congress passed legislation to limit children's access to these dangerous products. Many of these products were imports from China and other places where consumer protection is weak or non-existent. I supported this legislation, as did 78 of my colleagues.

Today, however, we have learned that this bill has had some unintended consequences. Any product sold that is intended to be used by children up to the age of 12 must be tested and certified to not contain more than the allowable level of lead.

While the goal is admirable, it is important to inject a little common sense into the process. I want our kids and grandkids to be safe and protected from harmful toys, but we all know that most kids who are past the teething stage do not chew on their toys. It is important to enact responsible safety requirements while at the same time recognizing that overzealous restrictions can interfere with a way of life enjoyed by not just Montanans, but outdoor enthusiasts across America.

As the Vice Chairman of the Congressional Sportsmen's Caucus, I am proud to stand up for Montana's outdoor heritage at every chance. Unfortunately, the new law goes too far and limits younger Montanans' opportunities to be a part of that heritage.

My bill will protect small businesses and allow families better, safer access to the outdoors.

The current law extends to all products intended for the use of children through the age of 12. This includes ATVs, dirt bikes and other vehicles built specifically for the use of older kids and adults; the way the vehicles are built, parts that might include lead are not totally sealed away and therefore they do not pass the standard of inaccessibility required by law. As a result of this requirement, a number of ATV sales and retail establishments have halted the sale of all ATVs for kids. In an abundance of caution, they have also refused to repair any equipment intended for kids use.

I have heard from many Montanans--consumers and retail sales people alike--expressing their concern about the impact of the legislation upon outdoor motor sports. Therefore today, I am introducing this bill to designate an exception for vehicles intended to be used by children between the ages of 7 and 12.

In addition to manufacturers and merchants, thrift stores and other retail establishments are also implicated because of the wide-reaching scope of the legislation. It is possible that even holding a yard sale can lead folks astray from the new law. Therefore, my bill also removes liability for lead paint content in any product that is repaired or is resold by thrift stores, flea markets or at yard sales. The liability in place at the time of primary sale of these products is sufficient and it could cripple the profitability of the secondary merchants if they were to be liable for testing the products they resell or repair.

In this tough economy, second-hand resellers simply can not afford the third-party testing requirement put in place by last fall's bill. At the same time, more and more of Montana's families are finding their budgets tighten and are relying upon thrift and resale stores for toys, children's clothing and other household goods. I want to make sure that laws intended to keep our kids safe end up doing more harm than good.

I think this a very important bill, bringing a dose of common sense to the very important goal of protecting our kids from lead paint and other substances that will harm their health. I urge my colleagues to join me in this effort.

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

Mr. President, I know my colleagues and the American people

agree we cannot adequately recognize the sacrifices of the men and women of what has been described as our ``greatest generation''--the veterans of World War II. But today, I am going to try.

Today, I pay tribute to an obscure member of the greatest generation who has slipped the surly bounds to be with God--a simple farm boy, born and raised toiling on his father's farm in Hawley, MN, a youth who, in 1942, heard the calling of duty, honor, and country and enlisted in the U.S. Army Air Corps, a man and decorated airman who, after flying 35 combat missions over Europe, returned to the United States to restart his life in Missoula, MT.

Nolan B. Giere was a ball turret gunner in the B-24 Liberator--a simple staff sergeant upon his honorable discharge in 1945. Together with his wife Marge for almost 50 years, they lived in Missoula, MT, raised four children, and served as a foundation in the community, the business and church they both so loved.

On March 26, 2009, at the Western Montana Veterans Cemetery, a grateful Nation will place to rest another of the greatest generation-- Nolan Giere--a simple farmer, a veteran, a local small businessman, and ultimately a loving father and husband. Nolan Giere epitomizes all that is great about America.

To Nolan Giere, and his wife Marge, we salute you. Godspeed.

Mr. President, I ask to have printed in the Record a letter from the Air Force Chief of Staff to Marjorie Giere, commemorating the life of her husband.

The information follows:

U.S. Air Force,

Washington, DC, February 19, 2009.

Mrs. Marjorie H. Giere,

Missoula, MT.

Dear Marjorie: On March 26, 2009, at the Veterans Cemetery

in Missoula, MT, a grateful nation will place to rest a

fellow Airman. Volunteering to serve his country, your

husband, Nolan Giere, flew 35 combat missions during World

War II in the B-24 Liberator. Like others with him and after

him, Nolan realized a greater duty, and did not hesitate to

pick up the torch. We honor his life, his service, and his

commitment to service and country.

On behalf of all Airmen, past and present, I commemorate

the life of your husband, Staff Sergeant Nolan B. Giere,

United States Army Air Corps, for his selfless contributions

to his country.

Sincerely,

Norton A. Schwartz,

General, USAF, Chief of Staff.

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

Madam President, we have made some difficult decisions over the past few months. After years of failed policies that have dragged our economy into the ditch, we still have many more difficult decisions ahead.

The next big decision will be for Republicans and Democrats working together on a final version of the jobs bill. Now we have an opportunity to focus on a bill that will rebuild our economy from the ground up by putting Americans back to work right now.

The jobs bill we passed yesterday creates jobs--up to 4 million of them--and saves many more by investing in our roads, bridges, water systems, energy facilities, and our schools.

This is long-term infrastructure that will support our economy for generations to come. The jobs bill also invests in what matters-- people. It invests in health care and an education, puts cops on the street.

Where I come from, we call things as we see them. The word ``stimulus'' is a Washington, DC, word that doesn't mean much in my book. That is why, from day one, I have called this the jobs bill because that is exactly what it is.

You are either for jobs or you are against jobs. Every day, we hear of layoffs by the tens of thousands.

Unemployment numbers are skyrocketing. Businesses--and even entire industries--are being forced to call it quits.

The national housing slump is taking its toll on Montana's timber industry. The Columbia Falls Aluminum Company is at risk of closing its doors after decades of being a major driver of the economy in Flathead Valley. The Stillwater Mine has laid off hundreds of its employees.

Montana's unemployment rate jumped from 4.9 percent in December to 5.4 percent last month. That is an increase, in 1 month, of a half percent.

The numbers are grim, and they are real. Now is the time for Congress to vote for jobs.

They say a picture is worth a thousand words. This picture is worth much more than that. It is a picture that I came across in the Whitefish Pilot the other day. It was taken by a guy named David Erickson.

The man in this picture is standing on a street corner in Whitefish, MT. He is holding a cardboard sign that says: Work needed. He is someone whom I represent in the Senate. He is one of the 950,000 Montanans whom I am proud to call my boss. His story is a story of millions of Americans right now--millions of Americans who either don't have a job or who went to work today wondering if it will be the last day on the job.

Millions of Americans are wondering how they are going to be able to continue to put food on the table for their families or pay their mortgage or pay for medicine or pay for childcare.

We are not talking about a few folks who drew a short stick. We are talking about millions of Americans who are in the same boat as this guy in the picture--folks who are paying a tough price for the failed economic policies of the past.

Some DC politicians say we don't need to pass a jobs bill because the current recession is only temporary. I ask you to tell that to the guy standing on the street in Whitefish, MT, or to the unemployed woman who wrote me to say she is willing to sweep the streets with a broom if we will give her a job.

These are proud folks. They don't want unemployment checks; they want paychecks. Right now, work is needed. That is the task ahead for my friends in the House and Senate who are working on the final version of the jobs bill.

We need jobs, jobs, and more jobs. We don't need politics as usual. Now is not the time for Congress to be against jobs. It is the time for Congress to work together to put folks back to work by investing in America.

I yield the floor and suggest the absence of a quorum.