Floor Statements

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

Mr. President, I ask unanimous consent that the Senate proceed to executive session and that the Agriculture Committee be discharged en bloc of the following: PN486, PN620, PN831, PN789, PN817, PN818, PN925, PN926, PN1021, PN1022; and that the Senate then proceed en bloc to their consideration; that the nominations be confirmed and the motions to reconsider be laid upon the table en bloc; that no further motions be in order and any statements relating to the nominations be printed in the Record; that the President be immediately notified of the Senate's action.

Mr. President, I ask unanimous consent that the Senate proceed to Calendar No. 484, the nomination of LTG David M. Rodriguez, reported today by the Armed Services Committee; that the nomination be confirmed and the motion to reconsider be considered made and laid upon the table; that no further motions be in order, and any statements relating to the nomination be printed in the Record; the President be immediately notified of the Senate's action, and the Senate then resume legislative session.

Mr. President, I ask unanimous consent the Senate proceed to the immediate consideration of S. Res. 310, submitted earlier today.

I ask unanimous consent the resolution be agreed to, the preamble be agreed to, the motions to reconsider be laid upon the table, with no intervening action or debate, and any statements related to the resolution be printed in the Record.

Mr. President, I understand there are three bills at the desk. I ask for their first reading en bloc.

I now ask for the second reading en bloc and object to my requests en bloc.

I ask unanimous consent that the deadline for tributes to Senators Kennedy and Martinez to be submitted to the Congressional Record be extended until Wednesday, October 14, 2009.

I suggest the absence of a quorum.

Mr. President, I wish to speak on an amendment I have filed with my colleague from Alaska, Senator Murkowski.

This amendment will repeal a provision contained in the Commerce, Justice, and Science Appropriations bill each year since 2004, which has prevented tribes in certain areas of Alaska--and only in Alaska-- from receiving any Federal funds to support their programs. This rider was added several years ago as part of a dispute over tribal sovereignty, but I join with Senator Murkowski to say to our colleagues that whatever the merits of the past dispute, this provision is having real and adverse impacts on the administration of justice in Alaska.

Perhaps no place is seeing the negative impacts of this policy quite as acutely as Sitka, AK. This provision is currently harming the efforts of the Sitka Tribe of Alaska to work with the judicial system of the State of Alaska, and everyone in that part of the State--Alaska Native or not--is paying the price.

The Sitka Tribe has been working with the State of Alaska's court system to create a collaborative effort to battle substance abuse in their community. Tribal leaders and local court officials created the Tribal Youth Diversion Effort, TYDE, which currently takes on the nonviolent drug possession cases of both native and non-native minors, rather than forcing local youth to go through the State court system. This program has reduced the caseload of the both the State courts and city attorney. Perhaps even more importantly, the TYDE program provides the youth with a comprehensive program to deal with substance abuse. It is a successful program, and both tribal leaders and local criminal justice officials would like the opportunity for the Sitka Tribe to receive Federal funds to support and expand their important work.

Currently, because of this 2004 rider, the Sitka Tribe cannot receive any Department of Justice funding for their programs. I believe we should do more to support local programs such as the TYDE in their efforts to prevent alcohol and drug abuse. This is a problem for American youth wherever they live, but it is an especially devastating circumstance for Alaska Natives. Tribal governments in the lower 48 do not face similar restrictions, and along with my colleague Senator Murkowski, I respectfully request that my colleagues support this important amendment.

Madam President, I ask unanimous consent to speak as in morning business for up to 7 minutes.

Madam President, I rise today to seek the continued support of my colleagues for recognition of a group of patriotic heroes who defended our Nation and Alaska from our enemies in World War II.

In 1935, famed Army GEN Billy Mitchell told Congress:

I believe that in the future, whoever holds Alaska will

hold the world. I think it is the most important strategic

place in the world.

General Mitchell was right. Less than a decade later, Alaska became the first American soil occupied by a foreign enemy since the Revolutionary War. To counter Japanese aggression against the territory of Alaska during World War II, a group of Alaskan Natives voluntarily formed the Alaska Territorial Guard. These brave men engaged in direct combat, as described by my colleague from Alaska, Senator Murkowski, with the enemy in protecting all of Alaska. They shot down Japanese air balloons, conducted scouting patrols, carried out rescue missions of downed airmen, and built military airstrips and rescue shelters.

They played a key role in logistics support for the U.S. military stationed in Alaska by delivering food, ammunition, and other equipment to the forces. Their actions were vital to successful U.S. military efforts, preventing our enemies from securing a strategic location during the war.

As you can see by these photos surrounding me, the Alaska Territorial Guard was a unique group. They were mostly subsistence hunters and fishermen--the main breadwinners in their families--living in some of the most remote villages in the entire country. Receiving no pay or recognition for their service, the territorial guard mission was driven by a single value: patriotism.

Many of these members continued their service for years in the U.S. military after the Alaska Territorial Guard was disbanded in 1947. Unfortunately, the contributions of the Alaska Territorial Guard during World War II went unrecognized for half a century. In 2000, Congress finally acknowledged our Nation's debt to these brave men by qualifying their time spent in the Alaska Territorial Guard as Federal service.

Congress also directed the Secretary of the Army to issue discharge certificates to all those who served in the territorial guard. These discharge certificates entitled ATG members to veterans' benefits and was interpreted by the Department of Defense to count as service in the Alaska Territorial Guard toward retirement credit. Twenty-six former members of the Alaska Territorial Guard finally began receiving a well- earned pension from the government. At long last, the sacrifice and the contributions of Alaskan Natives during World War II were recognized.

Then in January of this year, abruptly and without warning, the Defense Finance and Accounting Service stopped issuing pensions to these 26 guardsmen. This was based on the finding that their service was not Federal and, therefore, the payments were not legal. Thankfully, former Army Secretary Pete Geren issued temporary payments to ease the economic hardship experienced by these heroes while we worked on a more permanent solution.

To its credit, the Alaska legislature stepped up where the Federal government fell short. The State is paying their pensions until Congress can provide a permanent legislative solution or until February 2010, whichever comes first. I cannot imagine another situation where Congress would stand by and let veterans' entitlements be revoked and their sacrifices go unrecognized.

Luckily, my Senate colleagues also recognized this injustice. I thank my colleague, Senator Murkowski, who introduced S. 342, a bill to provide for the treatment of service as a member of the Alaska Territorial Guard during World War II as active service for purposes of retired pay to restore pensions. I am a proud cosponsor of this legislation.

Working together with the leader of the Armed Services Committee, Senator Levin, and the ranking member, Senator McCain, we were able to secure similar legislation to restore those pensions in an amendment to the National Defense Authorization Act for the year 2010, supported unanimously by the Senate. Most recently, the Senate Appropriations Committee included the same provision in the Defense Appropriations Act for fiscal year 2010.

However, I was extremely disappointed to learn in the statement of administration policy for fiscal year 2010 Defense Appropriations bill that the national administration has voiced objection to the provision that would count Alaska Territorial Guard service as active-duty time for retirement purposes. I remind my colleagues that the Alaska Territorial Guard members were not State employees. They were patriotic Alaska Natives answering the call of duty from their country.

Allowing their service in the Alaska Territorial Guard to count as Federal service cannot set a precedent because there is no other group like them in this country. They served the United States in a time of war by defending an American territory from the enemy. They engaged in combat. And they did this because they felt the same sense of patriotism during World War II that every active member of the Army and Air Force and every other military branch did.

These brave Alaskans are now in their 70s and 80s. Just this past Monday, one of them--Nicholai E. Nicholai

of Kwethluk--passed away before he could see this issue resolved. I ask my colleagues for their continued support to ensure that the now 25 Alaskan Natives who defended this Nation receive their earned pension by supporting the provisions in the National Defense Authorization Act and Defense Appropriations Act for fiscal year 2010.

I also join my colleague Senator Murkowski in asking the administration to reexamine their objection to restoring the retirement payments and honoring our World War II veterans. Our time is running short to correct this injustice and restore these modest payments. The Federal Government turned its back on these men at the end of the war. I hope Congress and my colleagues in the Senate won't let that happen.

I yield the remainder of my time.

Madam President, I thank Senator Merkley.

I am pleased to stand here again with my freshmen colleagues and resound the call for meaningful health insurance reform. We know reform is critically important and long overdue. We know reform will provide coverage to tens of millions of currently uninsured Americans. As I said last week, we know reform will bolster America's small businesses and help rebuild the economy. Here is something else we know: We must have reform that bends the cost curve and slows down the growth of health care costs. If we extend insurance to millions more people but do nothing to slow skyrocketing health care costs, we will not have reformed anything. We only will have added to the problem of an overburdened, unsustainable health system. Today we stand together to offer our ideas for reducing overall health care costs.

My focus this morning is on promoting good health and preventing the burden of chronic disease. The HELP and Finance Committees have done a great job on this subject. I commend them. I also want to make sure that when the final reform bill comes to the floor, we will not waiver on our commitment to prevention. I want to frame these brief remarks around a handful of words: nutrition, physical activity, tobacco use, and personal responsibility. Common sense tells us that smart investments that reduce the burden of chronic disease will make a huge difference not only in cost savings but also in healthier and more productive lives. The dollar amounts are staggering. Here are a few examples of why health reform must include a substantial commitment to prevention and good health.

Each year we spend $2.2 trillion on health care, and 75 percent of all health care costs go to treat chronic diseases, many of which could have been prevented. Each of our States is paying the price. Listen to the most recent numbers from the State of Alaska and think again of poor nutrition, lack of physical activity, and the toll of tobacco. Alaska currently spends $600 million annually for heart disease and stroke hospitalization, $419 million for treatment related to diabetes, $491 million for medical care related to tobacco use and lost productivity from tobacco-related deaths. We spend $477 million on direct medical costs of obesity. We need to do something, and we need to start now, in my State and every State.

We know prevention can work. Even though youth smoking in Alaska is still too high, it has been cut in half since 1995, thanks to sustained

antitobacco funding. I know as a former mayor, when I came into office we had double-digit increases in health care costs; when I left, a less than 1-percent increase. Why? Because we created wellness programs, created personal responsibilities and incentives for people to live a healthier lifestyle.

Let's make a similar commitment in health reform this year. Let's promote personal responsibility. Let's give more American families the tools they need to take charge. Let's improve our Nation's highways and transportation systems. And as we do it, let's make sure sidewalk trails are part of the package. Let's hire more PE teachers and build upon proven community programs. Let's save lives and save dollars by keeping tobacco away from kids.

As reform moves forward, our promise is to keep it deficit neutral, now and into the future. Health care reform, health insurance reform now, is important.

I yield the floor.

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

I ask unanimous consent that the Senate proceed to the immediate consideration of H. Con. Res. 186, which was received from the House.

I ask unanimous consent that the concurrent resolution be agreed to, the preamble be agreed to, 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 when the Senate completes its business today, it adjourn until 9:30 a.m. tomorrow, Thursday, October 1; 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 the Senate then proceed to a period of morning business for 90 minutes, with Senators permitted to speak therein for up to 10 minutes each, with the time equally divided and controlled between the two leaders or their designees, with the majority controlling the first half and the Republicans controlling the final half; that following morning business, the Senate resume consideration of H.R. 3326, Defense appropriations.

If there is no further business to come before the Senate, I ask unanimous consent that it stand adjourned under the previous order.

Mr. President, I am pleased to stand with my freshman colleague this morning. We often share the back bench, but today we bring our message front and center. The time has come for action on health insurance reform. We represent the North and South. For me, everyone comes from the South. But today we see that no matter where you live in this country or what you do for a living the cost of inaction is simply unacceptable. All of us can cite alarming statistics from our States.

In my State, there are now 133,000 uninsured Alaskans. The raw numbers may not be much when compared to Virginia, Illinois, or Colorado, but in Alaska that number represents 20 percent of the population.

To me, and I hope to my colleagues on both sides of the aisle, this is unacceptable. Average insurance premiums in Alaska have doubled in the past decade to more than $12,000 annually. If we do not act, they will double again about the time my 7-year-old son starts high school. Families cannot afford that.

Already, the average Alaskan family pays a hidden tax of $1,900 in premiums to cover the cost of uncompensated care provided to people without insurance, and it will only get worse as time moves forward. The problem is especially tough for small businesses in my State because Alaska has a high proportion of small business owners: fishermen, float plane operators, construction contractors, independent realtors, and the like.

Some 52 percent of all the jobs in Alaska are held by small business workers or the self-employed. They know better than anyone that a broken health care system leads to lost jobs, reduced productivity, less investment, and stalled business growth. Just this weekend I met with a small business townhall and there was one clear message from them to me, to Congress: Do something. Do it now. Each one cited their increases ranging from 14 to 41 percent in health care costs this year alone. That is why one of the best ways we in the Senate can strengthen and grow Alaska's and American business is to pass meaningful health care reform not sometime down the road but this year.

I joined the small business majority earlier this year as they released the compelling report on the need for reform. The bottom line, even with middle-of-the-road reform: American small business will spend $800 billion more than they need to over the next 10 years.

If they can save that, with just the middle-of-the-road reform, we can save them money and put it to the best use. Considering that small business is driving economic recovery in America, that is huge. Eight hundred billion dollars saved is available for infrastructure, innovation, and providing stable jobs.

It is not just small business that needs reform. The Business Roundtable, which has been spoken about already this morning, which represents much bigger companies, released a report last week that said health care costs will triple over the next decade to nearly $29,000 per employee.

There is plenty to debate about health care reform in the weeks ahead. I still have questions of my own. But there is one thing I hear from all across my State and across this country, from e-mails and messages we receive: support for health care reform is truly support for America's businesses.

I yield the floor.

Mr. President, I rise to speak about 3 amendments. The first provides funding of an environmental impact statement important to the future of residents of my State.

On March 30, 2009, the President signed the Omnibus Public Lands Act, Public Law 111-11. That bill enacted many important conservation provisions including the first major new wilderness areas in many years.

That bill also provides a path for a major land exchange in Alaska which would lead to the designation of the first new wilderness in Alaska in a generation. A part of the act directs the Secretary of Interior, through the U.S. Fish and Wildlife Service, to perform an environmental analysis and then for the Secretary to determine if the land exchange tentatively approved in the Omnibus Public Lands Act should be executed.

My amendment provides necessary funding, in the amount of $1 million, for the EIS which this Congress has ordered. Because the bill was only enacted in March, there was no time for the regular budget process to take into account the requirements of this important study.

The Fish and Wildlife Service is also seeking funding in the fiscal year 2010 budget process, but Alaskans have waited long enough for resolution on this issue. Not only is the land exchange critical to provide key new wilderness and refuge additions, it is the path for a group of my Alaska Native constituents, 800 residents of the village of King Cove, to get safe access to the Cold Bay Airport.

Because this issue was debated in the Halls of Congress for a number of years, I will not go into great detail here. In short, however you feel about this land exchange, whether you favor the interests of the indigenous people with roots in the area going back 4,000 years or more or if you do not approve of the land exchange and the road corridor it facilitates, the people of King Cove deserve the answer that the government has promised them.

They suffer from some of the worst weather on the planet. Anytime of the year, residents with emergency medical needs can risk their lives either flying over or crossing Cold Bay to get to Alaska's third largest airport at Cold Bay, AK. Over the last 20 years, a number of my constituents have been killed trying to make this trip. The only safe alternative is a road.

The land exchange to be studied is of monumental importance. It provides 61,723 acres of new wilderness and refuge lands for a mere 206 acres to be used as a road corridor.

Ultimately, the decision on whether this exchange is to be executed rests with Secretary Salazar after completion of the EIS. All my amendment does is fund that EIS and keep the Congress's promise to the Aleut residents of King Cove that this process will move forward expeditiously.

Mr. President, I have drafted this amendment so it will have no budget impact. It will not add new spending. Instead, it provides that funding should come from the overall bill. This should not be subject to any budget point of order.

The next amendment would allow the Chugach National Forest, in the Alaska region of the U.S. Forest Service, to retain receipts from a proposed sale of gravel and other minerals further development of a popular hiking and tourism enhancement program.

It has become a tired cliche to say that we should run government like a business. But in the best sense of the phrase we imply that, like the private sector, we should reward individual management decisions that creatively solve problems and make good use of limited resources. The amendment in front of you does just that.

The National Forest System is based on a theory of managing for multiple uses. The gravel resource at Spencer Mountain is sought after commodity for building projects around Southcentral Alaska and can be easily developed and sent to market via the Alaska Railroad. This amendment proposes to allow the Chugach National Forest System to retain the revenue from that gravel operation to enhance the wildly popular Chugach Whistle Stop Project, a joint initiative of the Forest Service and the Alaska Railroad.

The Whistle Stop Partnership uses efficient self-propelled railcars called DMUs--diesel multiple unit--to transport smaller groups of passengers to track side destinations developed by the Chugach National Forest. These destinations include hiking trails, picnic grounds, rental cabins and no-fee campgrounds, and guided rafting and canoeing operations run by private outfitters.

Begun in 2007, the program has proved overwhelming popular and provides unique and appropriate access to backcountry destinations, allowing residents and tourist alike to enjoy remote parts of the Chugach National Forest. When complete, the experience will allow hut- to-hut hiking and other personalized recreational opportunities. The estimated remaining cost to complete the project is $13 million. This includes an additional self-propelled rail car, 4 additional Whistle Stop locations, 30 miles of trail with associated bridges, 6 public-use cabins, and 24 backcountry campsites.

Despite the combination of mineral resource development and tourism promotion into one project, the Whistle Stop Project and this budget request have no significant opposition. At a time when the tourism industry in Alaska is suffering a 25-percent drop in visitors, this project would immediately provide an important, if targeted, shot in the arm.

Mr. President, I ask for your assistance in rewarding good management, allowing residents and visitors to enjoy the Alaska backcountry, and promoting an important industry in Alaska.

The third amendment provides full and adequate funding for the subsistence management budget for the Alaska region of the U.S. Forest Service.

The United States settled its lands claims agreement with the Native people of Alaska with the passing of the Alaska Native Claims Settlement Act, ANCSA, by Congress in 1971. Through ANCSA, Congress promised Alaska Natives that they would retain their right to subsistence harvest of the fish and game in Alaska. Congress made good on that promise through title VIII of the 1980 Alaska National Interest Lands Conservation Act, ANILCA. Title VIII provides rural Alaskan residents a subsistence priority to harvest fish and wildlife on Federal lands over sport and commercial uses.

That Federal statute is now in direct conflict with the Alaska State Constitution, which does not allow a priority based on residency. As a result, the Federal Government assumed responsibility for subsistence management on Federal public lands in 1990 and expanded its responsibility to federally reserved navigable waters in 1999. Federal subsistence is a joint effort of the Departments of the Interior and Agriculture, with management on National Forest System lands the responsibility of the Forest Service.

Three main aspects of the Federal program are regulatory, law enforcement and education, and information gathering. The regulatory program includes establishing the basic rules for fish and wildlife harvest and seasonal and in-season adjustments to address immediate conservation issues. Information gathering includes the fish and wildlife monitoring necessary for regulatory purposes. This generally consists of stock assessments that are often contracted out to local groups, primarily Alaska tribal organizations. The final general category is law enforcement and education to make subsistence hunters and fishers aware of the regulations and enforce them.

In fiscal year 2009, the Alaska Region Forest Service funding level for subsistence management activities in the two largest forests in the National Forest System--the 17 million acre Tongass National Forest--an area roughly the size of West Virginia--and the 5.6 million acre Chugach National Forest--totaled $5 million. The current bill before you would only fund half this amount, $2,582,000.

The need has not suddenly changed, and I hope Congress has not suddenly forgotten its obligation to the Alaska Native people. I can only hope that the fiscal year 2010 amount resulted from the innocent ignorance of an incoming administration about the obligation the Federal Government has to the Alaska Native people.

Subsistence hunting, fishing, and gathering is about more than simple economics. It is about the survival of a way of life and identity of Alaska's Native peoples. However, its economic importance is central to rural Alaska life and cannot be overstated. Rural Alaska residents harvest approximately 44 million pounds of fish and wildlife for food, the replacement value of which is $220 million.

Subsistence is a major source of employment and sustenance for families in rural Alaska; subsistence participants work to feed and clothe their families. Wild foods supply one-third of the caloric requirements of rural Alaskans, in many remote communities it can total 75 percent or more.

One in every five Alaskans lives in a rural area, about 125,000 people in more than 250 communities. Most rural settlements are off the road network and are comprised of fewer than 500 people, the majority made up of Native villages. In a State where approximately 15 percent of the population is Alaska Native, nearly half of all rural Alaskans are Alaska Native.

Of subsistence foods taken by Alaskans, 60 percent of the catch is made up of fish, land mammals make up 20 percent, marine mammals make up 14 percent, birds, shellfish, plants, and berries make up the remaining 6 percent of the rural harvest of wild food.

Mr. President, I ask for your assistance in helping the Federal Government honor its commitment to the Alaska Native people and fully fund the Alaska Region Forest Service subsistence management budget.