Floor Statements

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 676, H.R. 2941.

I ask unanimous consent that the committee-reported substitute amendment be agreed to, the bill, as amended, be read a third time and passed, the motions to reconsider be laid upon the table with no intervening action or debate, and any statements related to the bill be printed in the Record.

Mr. President, I ask unanimous consent that the Senate proceed to Calendar No. 219, S. 372.

I ask consent the committee-reported substitute amendment be considered, the Akaka amendment at the desk be agreed to and the committee-reported substitute amendment, as amended, be agreed to, and the bill as amended be read a third time and passed, the motions to reconsider be laid upon the table with no intervening action or debate, and any statements be printed in the Record.

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. Con. Res. 77, submitted earlier today.

Mr. President, I ask unanimous consent the concurrent resolution be agreed to, the motion to reconsider be laid upon the table, and that any statements be printed in the Record.

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. Res. 700 submitted earlier today.

Mr. President, I ask unanimous consent the resolution be agreed to, the motion to reconsider be laid upon the table, and that any statements be printed in the Record.

Mr. President, I understand that S. 4023, introduced earlier today by Senator Lieberman, is at the desk and I ask for its first reading.

Mr. President, I now ask for its second reading and object to my own request.

Mr. President, I ask unanimous consent that the following Senators be recognized to make their farewell remarks on the dates and times indicated:

Senator Gregg, 25 minutes at 2:15 p.m., Tuesday, December 14; Senator Bayh, 20 minutes at 10 a.m., Wednesday, December 15; Senator Lincoln, 30 minutes at 2:30 p.m., Wednesday, December 15; further, that if rule XXII is in effect that the time be charged accordingly.

Mr. President, I ask unanimous consent that when the Senate completes its business today, it adjourn until 2 p.m. on Monday, December 13; that following the prayer and pledge, the Journal of proceedings be approved to date, the morning hour be deemed expired, the time for the two leaders be reserved for their use later in the day, and that following any leader remarks, the Senate resume consideration of the motion to concur with respect to H.R. 4853, the vehicle for the tax compromise, with the time until 3 p.m. equally divided and controlled between the two leaders or their designees; and that at 3 p.m. the Senate proceed to a vote, as provided for under the previous order.

Mr. President, there will be a rollcall vote at 3 p.m. on Monday on the motion to invoke cloture on the motion to concur with the Reid-McConnell amendment in the House amendment to the Senate amendment to H.R. 4853.

Mr. President, if there is no further business to come before the Senate, I ask unanimous consent that it adjourn under the previous order.

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

I ask unanimous consent to speak for as much time as I may consume.

Mr. President, 69 years ago tomorrow, one of the most deadly attacks on our Nation that we have ever seen, the horrific attacks on Pearl Harbor killed more than 2,000 U.S. troops and civilians. President Franklin D. Roosevelt said December 7 is a date which will live in infamy. No matter how long it may take us to overcome this premeditated invasion, the American people, in their righteous might, will win through to absolute victory, and we did.

In the aftermath of Pearl Harbor, America succeeded not only militarily, we succeeded morally as well. Our Nation bonded together with a newfound resolve to help those who sacrificed so much for our Nation and to take care of our fellow citizens.

In the months that followed the attacks, Democrats and Republicans knew exactly what had to be done. Congress came together, not only to declare war but to pass legislation that provided health care and compensation to each and every civilian who was injured during that Pearl Harbor attack--every citizen who sacrificed for America that day. It did not take 9 years for that to be done. Congress acted bravely and swiftly, without partisanship, without gridlock, with a clear moral compass and a clear determination that we as a nation have an undeniable moral obligation to help the people who were harmed during that attack on Pearl Harbor.

Pearl Harbor was the most deadly attack on our Nation, the most deadly attack until the morning of September 11, 2001, when 3,000 innocent people perished and tens of thousands of people came to their rescue. In the days that followed the 9/11 attack, America showed the very same resolve it had shown nearly 60 years prior, and now we have seen thousands of heroes and thousands of survivors sick and dying from the toxins released at ground zero. It is a time for us to show that very same resolve again.

As President Roosevelt said: No matter how long it will take us, we will win through to absolute victory. We will provide the firefighters and police officers and the construction workers and the cleanup workers and the people and the children who go to school and live at ground zero with the health care and compensation they justly and rightly deserve.

There are few things we do in Washington that are clearly a choice between right and wrong. There is no gray area when it comes to this issue. We truly have a moral and undeniable obligation to help these men and women. For the past week on display in the Russell rotunda we have shown 29 police badges that belonged to 29 members of the New York City police force who died since September 11 because of the diseases related to those toxins that were released when the towers fell. The 30th police officer, David Mahmoud, died last month of a very rare, disfiguring form of cancer after he worked 60 hours at the site of ground zero.

Perhaps the most disturbing fact about the deaths of these 30 police officers is the fact that the average age of these men and women is 46 years old.

The badges we displayed were not just a memorial to those we lost, they are a call to action for each and every one of us who call ourselves public servants and for those of us who are here to serve on behalf of this Nation. Every single Member of the Senate should visit that memorial today to see and be reminded of those men and women who have perished. Over 13,000

World Trade Center responders are sick today and receiving treatment; nearly 53,000 responders are enrolled in medical monitoring and 71,000 responders are enrolled in the World Trade Center Health Registry, indicating they were exposed to these toxins.

These men and women are from all over this country, from every State in the Union. In fact, approximately 10,000 individuals came from outside the New York area, including every State in this country, to save lives and to clean up after the devastation that struck New York. Their illnesses range from respiratory, gastrointestinal, and mental health conditions caused by the inhalation of pulverized cement, glass, lead and asbestos and other fatal toxins that were caused by the destruction of those buildings on 9/11.

The James Zadroga 9/11 Health and Compensation Act provides the proper congressional authorization and statutory structure to the 9/11 health programs that have received $326 million through annual appropriations since 2003. Our bill would establish the World Trade Center health program within the National Institute for Occupational Safety and Health to provide permanent ongoing medical monitoring and treatment for related conditions to the World Trade Center responders and community members.

The program administrator will establish a nationwide network of providers so the eligible individuals who live outside of New York can reasonably access monitoring and treatment benefits near where they live. These eligible individuals are included in the caps on the numbers of participants in the responder and community programs.

I wish to emphasize one important aspect of this bill that typically gets overlooked. Our legislation will provide a level of accountability and transparency for the disbursement of funds that has not been seen up until this point with the current programs. It terminates all of the existing six billing programs that were hastily put together in the chaotic aftermath of September 11, and establishes one third-party administrator who will set reasonable rates, track expenditures, and enforce eligibility requirements. It will be 100 percent transparent and accountable.

Further, our bill limits the health program to 10 years and caps the number of people who can receive treatment at approximately 109,000 and limits the treatment to respiratory, gastrointestinal or mental health diseases that have already been medically certified to have been associated with breathing the toxins and other hazards at ground zero.

Under this bill, the government is the payer of last resort. Individual health insurance or funds from workers compensation claims will all pay for treatment first. The Federal Government will only cover those after those first two payers pay. The city of New York is required to contribute 10 percent matching cost shares of the community health program.

The legislation will also formally reopen the September 11 Victims Compensation Fund to provide compensation for economic damages and loss for individuals who did not file or did not become ill before the original cutoff date of December 22, 2003. The payments will be limited to $4.2 billion over 10 years.

Our bill would strictly enforce limits to attorney payments to 10 percent of the payments from the fund, and it would provide liability protections for the World Trade Center contractors and the City of New York, limiting liability of defendants for claims previously resolved, currently pending or filed through December 22 of 2031.

Last, I wish to emphasize this bill is entirely pay-go compliant. That means the bill is paid for. It will not add to our debt or our deficit. It is capped, mandatory funding that is offset completely by a pay-for that closes a loophole that foreign companies use to avoid paying their fair share of U.S. taxes, which fundamentally makes our companies have to play on an unlevel playing field. We want to help American businesses and that is what this pay-for does.

In closing, I wish to make it crystal clear what this bill is about. This bill is about our first responders. This bill is about our heroes, and their families. This bill is about the victims who lived at ground zero. This bill is about the children who are currently suffering from asthma, the most vulnerable in our communities who could not tolerate these toxins in their bodies.

I am going to tell you about three individuals whose stories are particularly moving. At a time when most people were running away from lower Manhattan, Joseph Picurro rushed to the World Trade Center site to volunteer his expertise as an ironworker for these rescue efforts. For 28 days Joe helped cut steel beams on the pile to find survivors and to clear debris, often sleeping on the floor of a nearby office building, rather than returning to his home and his family in New Jersey at night.

In the years following his dedicated work at Ground Zero, Joe was diagnosed with sarcoidosis, a reactive airway dysfunction syndrome and severe acid reflux. He suffered from constant joint pain, seizures, blackouts, and relied on dozens of different medications.

Unable to work for years, Joe had to fight to get his workers compensation for his illness. In October, Joe passed away at the age of 43. He left behind his wife and his daughter Allison. Joe's wife Laura recently wrote me a note of plea. She said:

Our financial situation is bad--I mean bad. For 6 years

I've had to beg for help, borrow from family and I just can't

do it anymore, and shouldn't have to. We need to reopen the

Victim Compensation Fund.

This bill is also for people such as Frank Fraone of California. Frank was a division chief of the Menlo Park Fire Department in California. He was thousands of miles away from New York City on 9/11 fighting wildfires. Along with thousands of other brave men and women who came from all across this country, Chief Fraone traveled to New York to aid local rescue workers at Ground Zero. He had seen his fair share of destruction during his career, but nothing had prepared him for what he saw at Ground Zero.

He worked 16-hour days with fellow rescue workers inhaling that toxic dust that later left him with lower respiratory airway disease. Living across the country, far from New York City, Chief Fraone still feels the effects of working at Ground Zero, which he said limited his ability to respond to other disasters such as Hurricane Katrina. Chief Fraone has had difficulty getting health care in California for his ailments, and says that:

Living out here in California, I cannot get confirmation or

talk face-to-face with anyone affiliated with [9/11] health

issues. I do not know to this date if I am going to be

covered for my health concerns. What happens when this health

issue disables me and I can no longer work or care for my

family?

Our bill would meet the needs of this division chief and this man and this hero who came to help when he was needed.

The last story I wish to give is that of Robert Helmke. Police Officer Helmke died at the age of 43 from stage IV metastatic colorectal cancer caused by inhaling and swallowing the toxins at Ground Zero. He was 43. I am 43. Robert worked numerous hours of duty at the World Trade Center. He ate food and unknowingly inhaled the toxins while he was working. At no time while he was working at the site was he instructed ever to wear protective gear or any kind of breathing apparatus, nor was he told by our government that the air was in any way unhealthy or bad for him.

Stage IV metastatic colorectal cancer is a form of cancer that affects the upper GI tract. It is very rare in someone so young. He was told that treatment would not cure him, that it would only help him to live a little longer. I want to read to you his reaction to the diagnosis in his own words. He said:

Talk about crushing news! My wife and I sat in the car and

cried as I asked her what did I ever do to deserve this. On

July 11th, 2006, I had major surgery to remove two tumorous

parts from my small colon and have radiation on the large

tumor in my liver. Before my surgery, I had four chemotherapy

treatments and was in an emergency room three times to be

treated for dehydration before finally having to go on an all

liquid diet and intravenous feeding. I have a wife, Greta,

and two young children, Garrett and Amelia, who have seen my

health worsen since participating in the World Trade Center

recovery. My favorite things in life are slowly being taken

away from me. My work, food, helping others and caring for my

family.

Officer Helmke died on July 28, 2007. These are the stories that tell us what this bill is about--men and women who

are suffering; men and women who have died; men and women who have suffered so much because they did the right thing.

What message are we sending here from this body, this esteemed body, if we cannot help those who came to our rescue, who were there to find survivors, who were there then to find remains, and who were there to do the cleanup when our government asked them to help?

You must remember the days after 9/11. This country would have done anything to help those who had suffered so much in New York and across this country. This was the most deadly terrorist attack in the history of America. And now 9 years later this body cannot come together to do what is right? This is the clearest example of right versus wrong that I have seen in this body in my 2 short years.

We must recognize the undeniable obligation we have, a moral obligation to protect these men and women and their families because they did the right thing. It is now time for this body to do the very same.

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

Mr. President, as a member of the Senate Foreign Relations Committee, I was proud to vote for the passage of the resolution of advice and consent to the New START Treaty between Russia and the United States in the Senate Foreign Relations Committee last September. It was the right thing to do for our national security.

The most dangerous threat to America and to the world is for a terrorist organization or network to obtain a nuclear weapon. Nuclear disarmament is among the most critical steps we must take to keep our Nation and future generations safe. Ratification of the New START Treaty would reduce the number of nuclear weapons in the American and Russian arsenals, bolstering our national security by reducing the risk of loose nuclear weapons and materials falling into the hands of hostile nations or terrorist groups seeking to attack America or her allies.

Only recently, documents have revealed to the world the continuing significant risk that Pakistan's nuclear weapons could fall into the hands of terrorists. There are a number of ways for us to address and minimize this risk in Pakistan and other countries. An agreement between two nuclear leaders to reduce their stockpiles of nuclear weapons and to improve transparency and oversight is a critical factor to keeping nuclear weapons out of the hands of terrorists. By reducing the numbers of unneeded nuclear weapons in Russia, improving verification of Russian nuclear reductions, controlling and securing Russian nuclear warheads, and eliminating retired Russian delivery systems and vulnerable weapons-grade material new START would reduce the possibility that a nuclear weapon could be launched due to a terrorist attack, a misunderstanding, or a miscalculation, killing hundreds of thousands of Americans.

This continuation of a landmark agreement between our nations would be an important step in the President's efforts to convince other countries to get rid of their nuclear weapons. Countries like Ukraine have made this commitment in part due to the confidence that new START provides.

The treaty signed by President Obama and President Medvedev is sensible and it is right for our Nation's security; this is evidenced by the endorsements of several former Secretaries of Defense and State from both sides of the political aisle. I urge my colleagues in the Senate to ratify this treaty, ensuring a safer world for our children.

Mr. President, I rise today to speak on behalf of the women of America to recognize, honor, and celebrate the 90th anniversary of their voting rights on August 26, 2010--Women's Equality Day. I know my colleagues join me, in acknowledging the tremendous contributions women have made to America and the historic significance of reaching this milestone in women's history.

The 72-year struggle of suffragists, from the first women's rights convention held in Seneca Falls, NY, in July 1848 to the passage of the 19th amendment of the U.S. Constitution on August 26, 1920, bears witness to the sacrifice and dedication of the leaders of the early women's rights movement who never wavered from their intent to reach the goal of full enfranchisement.

We must thank Elizabeth Cady Stanton, born in 1815 in Johnstown, NY, who organized the first women's rights convention with Lucretia Mott and other courageous women in 1848. Their early advocacy for voting rights, protection from domestic violence, the right to own property, and other social reforms that promoted equality are what we continue to support for women today. The ``Declaration of Sentiments'' speech Mrs. Stanton delivered at that July convention called for ``all men and women'' to be recognized as created equal under the law. Her celebrated 50-year partnership that began in 1851 with Susan B. Anthony brought to the public consciousness the importance of equality rights for women. That is a sacred trust we must continue to support.

On August 26, 1970--the 50th anniversary--the National Organization of Women, NOW, called upon women nationwide to strike for equality in protest of the fact that women still did not have equal rights, 40 years after passage of the 19th amendment. In New York City, 50,000 women marched down Fifth Avenue to demonstrate in support of the women's movement and securing equality rights, as did women in 40 other cities across America that day. U.S. Representative Bella Abzug addressed the NYC crowd and was instrumental in getting Congress in 1971 to officially recognize August 26 as Women's Equality Day.

In 1776, Abigail Adams, wife of John Adams, sent an urgent message to her husband, who was a delegate to the Second Continental Congress, stating: ``In the new Code of Laws, I desire you would remember the ladies.'' It took 144 years for women's equality rights to be sanctioned by Congress, and I ask, Mr. President, that we take this opportunity on August 26, 2010, to honor this 90th anniversary and the remarkable contributions women have made to this country. The American people owe a debt of gratitude to the early suffragists for remaining steadfast in the face of overwhelming opposition in advocacy on behalf of the equality rights for all American citizens that our Constitution supports today.

Mr. President, today I thank and congratulate Kevin M. Simpson, an individual who has already enjoyed a distinguished career as a public servant and who is preparing once again to answer the call to service.

Kevin is a skilled attorney and litigator, and early in his career he made

the decision to devote his formidable legal talents to public service. He defended numerous Federal agencies in a variety of matters during his years as a young trial attorney with the Department of Justice.

In 1997, he served as minority counsel to the Senate Governmental Affairs Committee during its campaign finance investigation. During 1998, Kevin was Deputy Chief Investigative Counsel to Minority Members of the House Judiciary Committee during the impeachment of President Clinton. In 1999, he became impeachment counsel to Senate Minority Leader Tom Daschle and the Minority Members of the United States Senate.

Following his service in the legislative branch, Kevin returned to the executive branch as the Deputy General Counsel of Programs and Regulations at the Department of Housing and Urban Development, a position he held until the end of the Clinton administration. It was my pleasure to work with Kevin Simpson at HUD. Kevin earned a reputation for achieving results--all while maintaining unwavering respect for his colleagues and a dedication to fairness and courtesy. He made a difference, and he turned rivals into friends in the process.

It was this commitment to making a difference that led Kevin to join Max Stier, another outstanding HUD alumnus, in launching the nonpartisan, nonprofit Partnership for Public Service.

Armed with the seeds of an exciting idea and a generous financial commitment from the late philanthropist Samuel J. Heyman and his wife Ronnie, Max Stier and Kevin Simpson built the Partnership for Public Service to inspire a new generation to serve and transform the way government works. This impressive organization works with Federal agencies to improve their leadership and management, conducts groundbreaking research, and works closely with universities and job seekers, especially young people, to build new pipelines of talent into government service. In less than a decade, the Partnership has made a measurable, positive impact on our government and the story of the Partnership's success cannot be told without Kevin Simpson in a leading role. As the Partnership's Executive Vice President and General Counsel, there are few achievements in the history of the Partnership in which Kevin has not played a pivotal part.

After doing so much to improve the effectiveness of the Federal Government and inspiring a new generation to serve, Kevin is once again answering the call to service--he will soon leave the Partnership for Public Service for his new position as Principal Deputy General Counsel at the Department of Housing and Urban Development. These are extraordinary times for our Nation and our government, and we need extraordinary talent. Kevin Simpson will bring to HUD his intellectual heft, a keen strategic mind and his natural ability to build bridges; he is a stellar addition to an already strong leadership team led by a most able Secretary.

I thank Kevin Simpson for his years of service to and on behalf of our government and the Federal workforce, and I congratulate him on this next chapter of his public service career. I know all of those who have worked with Kevin share my optimism that our Nation will be a better place thanks to his pursuit of excellence in Federal service.

Mr. President, today, I am pleased to join Senator Robert Casey and eight of my colleagues in introducing the Safe Schools Improvement Act. This important legislation will help to address a crisis going on in our schools--the bullying and harassment of our children. We know that no child can achieve the high academic standards set for them if they are living in fear of bullying or harassment. This legislation will help change the culture in our classrooms and provide schools with the tools they need to promote a safe learning environment.

Findings from the 2007 National School Climate Survey demonstrated that a significant number of students experienced harassment in our schools, often because of their sexual orientation or gender identity. This study also revealed that 96 percent of lesbian, gay, bisexual and transgender students in New York often heard words such as ``gay'' used in a negative connotation. Furthermore, 93 percent of students regularly heard homophobic remarks. The National School Climate Survey also found that 20 percent of students in New York were physically assaulted in their school because of their sexual orientation, while another 13 percent were assaulted because of their gender expression.

This environment of harassment and bullying in our schools lowers the academic performance of our students. In fact, 35 percent of LGBT students reported to have skipped classes at least once in the past month because they felt unsafe in their own school. I find this to be unacceptable.

The Safe Schools Improvement Act will require schools and districts receiving designated Federal funds to adopt codes of conduct specifically prohibiting bullying and harassment, including conduct based on a student's actual or perceived race, color, national origin, sex, sexual orientation, gender identity or religion. The act would ensure that schools and school districts focus on effective prevention programs in order to better prevent and respond to incidences of bullying and harassment, and would require that States report data on incidences of bullying and harassment to the Department of Education.

This bill has received support from a broad coalition of nearly 70 education, civil rights, disability, religious, and youth service organizations, such as the American Association of School Administrators, American Federation of Teachers, American School Health Association, National Association of School Psychologists, National Education Association, National Parent Teacher Association, American Association of University Women, Asian American Justice Center, the Gay, Lesbian and Straight Education Network, Human Rights Campaign and the National Council of La Raza. Additionally the National Safe Schools Partnership, strongly endorses the Safe Schools Improvement Act.

I urge my colleagues to join me in cosponsoring the Safe Schools Improvement Act. I believe that we must support this legislation to ensure that all our children can learn in a safe and productive environment.