Floor Statements

Madam President, I ask unanimous consent that the time during the quorum call be divided evenly, and I suggest the absence of a quorum.

That is agreeable.

I suggest the absence of a quorum.

Madam President, I ask unanimous consent that the order for the quorum call be rescinded.

Madam President, I move to table the DeMint amendment No. 43 and ask for the yeas and nays.

Mr. President, I didn't intend to say anything about our friend, Ken Salazar today, but in listening to his remarks and knowing the contribution he has made around here in 4 short years, I couldn't resist. I am sure the Presiding Officer, if he wasn't presiding, would come down and do the same thing.

I first met Senator Salazar before he was a Senator; in fact, as we were getting sworn in as attorneys general together, probably in December of 1998, if I remember correctly. We both had been elected to our offices of attorney general in November of 1998, and we went to a National Association of Attorneys General meeting. We immediately bonded. It was very clear and very evident to everyone there that he had the right stuff to be a great attorney general. It turned out he was a great attorney general for the State of Colorado.

I encouraged him to come to the Senate when Senator Campbell announced his retirement, and I think it was probably the best thing I have done since I have been in the Senate was to try to get Ken Salazar to come here.

You know, when I think back about our Founding Fathers and how they designed the Senate and how I think they envisioned the Senate should work, they had in mind a person such as Ken Salazar to be in this body. They probably couldn't even imagine that Colorado would become a State. I mean, they probably couldn't even fathom the way this country would grow and change over the decades and centuries. But I think when they set up the Senate, they wanted people with intelligence, work ethic, character, and people who could put their personal views aside for the greater good. That is what we have in Ken Salazar. He is all those things.

He has been a Senator's Senator for the last 4 years he has been in Washington. I know his brother John is here. I know John is very proud of him, and I know the State of Colorado is very proud of the work he has done. And they should be because there is a lot to be proud about with Senator Ken Salazar.

I know all 100 of us couldn't be here today. We have some committee hearings going on, and we also have the inauguration coming Tuesday, so people are kind of bracing themselves and preparing for all of that. But if all 100 were here, I think you would have 99 people stand up and basically say what some of us have already said; that he has been an extraordinary Senator, an extraordinary person, and he has had a great impact in his short time in the Senate.

One last thing, on a personal note. One of the things I love about Ken Salazar as a person is his deep and very serious faith. I asked him to come in and chair the Senate Prayer Breakfast, which he took to new heights. He expanded the number of people who were coming to that. He was great. He chaired the National Prayer Breakfast for a year, and I think they probably set a record that year for attendance and in the quality of the speakers they had that year. So he has had not just a political and governmental influence but an even broader and deeper influence.

Senator Salazar, we are going to miss you very much. We all love you, and we all know you are going to do great things at Interior. We know there are a lot of challenges America is facing right now, but we know you are part of the solution. God has called you to be where you are going right now. So thank you for your service, and we are going to dearly miss you in this body.

I yield the floor.

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

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

Mr. President, Arkansas is grieving for a young hero, a courageous soldier who was serving in Iraq as a member of the 224th Maintenance Company. This team keeps our troops safe and their equipment and vehicles running. It is a mission paramount to our soldiers' success.

A member of the National Guard for almost 7 years, SPC James Clay of Mountain Home, AR, showed great commitment and patriotism throughout his assignment with the 2nd Battalion, 153rd Infantry Regiment, 39th Brigade Combat team. Of his service, MG William Wofford, adjutant general of the Arkansas National Guard recalls, ``He was called to serve, and he answered that call with valiant service. He was a true patriot and will not soon be forgotten.''

Specialist Clay's untimely death has brought me to the Senate floor today, but I want to take a minute to honor his life. He overcame major obstacles in his personal life, including the death of both his parents, yet he graduated from Cotter High School in 2002 where teachers describe him as outstanding, considerate, and spirited. Friends remember Specialist Clay as a role model who persevered with dignity and humanity. Everyone who knew this young hero recalled his great smile and his compassion for others. It is no surprise that he died fighting for the peace and security of others.

My prayers go out to Specialist Clay's family and friends, particularly his high school sweetheart and wife, Mellissa Clay. During his second Inaugural Address, Abraham Lincoln pledged, ``to care for him who shall have borne the battle and for his widow and his orphans.'' Mrs. Clay, we will never forget the sacrifice of your loved one, and we work to honor his memory, courage, and service to our great Nation.

Corporal Adrian Robles

Mr. President, it is with great honor that I would like to recognize remarkable contributions of 91-year-old Frances Landers of El Dorado, AR. At a time when most people consider retirement, Frances dedicated the past 30 years of her life to making education accessible to the children of Haiti. Through her selfless years of service, Frances' work and formation of the Haiti Education Foundation have opened educational doors of opportunity for hundreds of children who otherwise might never have learned to read.

Frances visited Haiti this past April to say her goodbyes, for this was most likely her last visit. She first came to Haiti in 1977 as a medical volunteer with her late husband Dr. Gardner Landers, an ophthalmologist, to help people with cataract problems. Dr. and Mrs. Landers began making two trips a year, providing surgery and eyeglasses to the Haitian people. During these visits, she met Father Jean-Wilfrid Albert, a chaplain of the mission hospital. Through Father Albert and her numerous mission trips, Frances discovered that many villages had no school and most citizens were illiterate. Impassioned to make a difference, Frances returned to Arkansas and began raising money. Through her dedication, perseverance and conviction, she soon launched one school, and over time, many others followed.

Because of her establishment of the Haiti Education Foundation, there are now 40 primary schools and 10 secondary schools, which are currently educating more than 11,000 Haitian children. Through donations and scholarships, the foundation provides schooling, hot lunches, shoes, school uniforms, textbooks, Creole bibles, milk, and goats for families. These schools set the foundation for students to enroll in universities and pursue careers that allow them to break past poverty barriers.

Ms. Landers continues to raise awareness and funding to ensure the foundation's success. She has lived in service to the people of Haiti and is an extraordinary example of what can be achieved when committed to a worthwhile endeavor. Today, I honor and thank Frances Landers for her continual interest in others and inspiring those around her to do the same.

Mr. President, it is with great sorrow I rise today to remember a bright young man who was taken from us far too soon. Terrance Davis, 20 years old and from Osceola, AR, was a gifted student majoring in sociology, theater and performance studies, and African- American studies at Georgetown University.

My staff and I were blessed to benefit from this young man's talents this past summer when he served as an intern in my office. I had the privilege of getting to know Terrance during this time and to see his passion for public service.

Terrance was an enthusiastic leader who was not afraid to take on multiple responsibilities. After fulfilling his duties in the Senate he would attend rehearsals for the play he was directing at Georgetown University until late into the evenings. He also served as director of the Georgetown University Gospel Choir.

His friends at school and people in my office referred to him as someone with a positive attitude who was always ready to work. Other friends referred to him as having strong passion for his Christian faith.

Terrance had plans to serve our country by participating in the Teach for America program and wanted a future in helping students through higher education. He once said that becoming a college professor or dean was something he inspired to do.

Tragically, on September 1, 2008, Terrance Davis was involved in a fatal accident in Harkerville, South Africa, where he was traveling on a holiday break from his academic study abroad program at the University of Cape Town. I join his family and friends in mourning the loss of this great young man.

Mr. President, I ask my colleagues to join with me in honoring the life of this exceptionally talented young man, Terrance Davis.

Mr. President, it is with great sadness I rise to honor a great American, a great Arkansan and my friend. Bill Gwatney, a valiant public servant, was taken from us on August 13, 2008.

Bill was my friend for many years. This included his days as an elected official in Arkansas where he served as a State senator for 10 years. He was committed to improving the State of Arkansas by taking the lead on legislative redistricting, reforming ethics rules, and encouraging economic development throughout the State. While serving in the State senate he fought against insurance companies to pass the Any Willing Provider legislation. This allowed patients more flexibility in choosing their doctors. He inspired other great leaders to lift the State and the country into a prosperous future. He worked tirelessly every day to make Arkansas a better place for his children and for children from the Delta to the Ozarks.

He became chair of our State party in 2007 and was a leader in getting the party to where it is today. His work ethic and ability to bring people together were unmatched. His personality was contagious, likable, and he was an all around wonderful person. In the days following his death, he was praised on both sides of the aisle. Bill was taken from us too soon.

I echo a comment by Arkansas Governor Mike Beebe who said: ``Arkansas has lost a great son, and I have lost a great friend.'' These words ring true to any Arkansan who had the privilege of knowing him. He believed strongly in integrity and good leadership within the State of Arkansas. His death put in perspective what he believed, that public service is about people, and with his passing Arkansas has lost one of its finest.

Bill leaves behind a wife Rebecca and children, Christian and Chase, along with two step-children, Zachary and Emily.

I ask my collogues to join with me in paying tribute to the life of a great family man, business leader, and public servant, Mr. Bill Gwatney.

That is correct. The whistleblower provision should be interpreted broadly and consistent with ``best practices'' to achieve the law's purpose. For instance, ``employee'' is defined broadly to include individuals in any dimension of the employment concept: incumbent or former employees. It protects all individuals who have received compensation to engage in activities for which the corporation is responsible. The law's purpose may not be circumvented by hair- splitting interpretations that plug safe channels for witnesses to disclose relevant evidence of safety hazards.

Yes. Consistent with long-established Supreme Court case law see e.g., English v. General Electric, 496 U.S. 270, 1990--these rights do not cancel or replace preexisting remedies, whether under other overlapping congressional statutes, State laws, State tort claims or collective bargaining agreements.

There should be no confusion that the rights for protected activity created by this statute are the law of the land. They supersede and cannot be canceled or overridden by any conflicting restrictions in company manuals, employment contracts, or exit or nondisclosure agreements.

Yes, that is my understanding.

Yes, that is my understanding.

Yes, the bill leaves such authority to impose testing requirements in place without preemption.

My colleague is correct. The legislation does not preempt or otherwise affect State or political subdivision requirements applicable to a toy or other children's product that is designed to deal with the same risk of injury as the consumer product safety standard, if such State or political subdivision has filed such requirement with the Commission within 90 days after the date of enactment of this act.

Mr. President, the first thing I want to say is this is a great bill. It is something every Senator should be proud of, because what we saw in 2007 was a record number of product recalls. In fact, last year, there were 45 million toys that were recalled. Every single toy was made in China that was recalled last year.

Unfortunately, it doesn't stop there. In 2008, we are 29 percent ahead of the schedule we set back in 2007. So this problem is not going away. This is a great bill, and this is a classic example that bipartisanship works.

We did this bill the way bills ought to be done. We worked it out in committee. I see that Senator Stevens walked onto the floor. He played a vital and important role in the committee process and afterward. We worked together with Democrats and Republicans, and the House worked with the Senate. It has been a great example of how things can and should work around here.

We added third-party testing for toys. We added a new database for people to search to look at complaints about products. We give the Attorney General the ability to follow what the CPSC has done and get dangerous products off the shelves. We add whistleblower protection, so if people in the private sector know about a dangerous problem and reveal that, they don't lose their jobs. We increase civil penalties to make sure these companies--especially the ones who are repeat offenders--will know the CPSC has the authority to enforce what they do and make them feel the pain of that. We ban lead in children's products.

We move the commission, which used to be a five-member commission and is now down to three, back to a five-member commission.

We change the rulemaking process so that the authority rests with the CPSC again and not with the industry.

I could go on and on about the great things in this legislation. I know my time is short. Mr. President, how much time do I have?

Mr. President, I want to make sure I thank the people who deserve the lion's share of the credit. Senator Stevens was critical. He came in at a very important time, early in the process, and helped shape the bill and helped to get us from a Democratic bill to a bipartisan bill that got us to where we are today. In fact, the House voted last night 424 to 1 to pass this.

I also thank Senators Sununu and Hutchison. Senator Inouye, chairman of the Commerce Committee, was fantastic. Senator Boxer was great; she

was very focused on several issues. Senator Klobuchar, although a new Senator, had a positive impact on the process. It was an honor to work with them. Also I thank several House Members, of course, including Chairman Dingell and Congressman Barton, fantastic partners over there, who worked hard to get this done. And also Speaker Pelosi weighed in at the end to make sure we got it done.

Maybe more important than all of us is the staff. We have a lot of staff sitting on the back benches. They have spent countless hours on this bill. They have been here weekends, in the evenings, and they have been haggling over every word, comma, and paragraph. I am so grateful to all of them.

The people on my staff include Andy York and Price Feland. When you look at the Commerce Committee, there is David Strickland, Alex Hoehn- Saric, Jana Fong Swamidoss, Mia Petrini, and Jared Bomberg. They were great. Of course, on the Republican side are Paul Nagle and his team, including Megan Beechener, Becky Hooks, Bridget Petruczok, Erik Olson, Kate Nilan, Tamara Fucile, Brian Hendricks, and Peter Phipps.

Also, I thank the CPSC commission. They helped as did their staff. Commissioner Moore, and Michael Gougisha and Pam Weller of his staff, as well as Jack Horner of the acting chairman's staff, all of these people played a key role in getting us to this very good bipartisan piece of legislation.

As I said, this is something of which the Senate and House can be very proud. Today, the White House announced they will sign the legislation. This is a major victory for the American people. Again, we followed the rules, we followed the correct process here. We got this done and we are going to make a big difference in the American marketplace.

Mr. President, I will turn it over to my colleague from Texas.

Mr. President, Senator Hutchison said something that is very important. We did focus on toys. Toys capture the imagination of the American public because no parent or grandparent wants to buy something and give it to a young child which could harm or, in some cases, kill them. That is the type of thing that grabs the headlines. Let me tell you, a couple of levels deeper, one of the ways we make toys safer for kids all over this country. What we did in this legislation is we established a statutory toy standard. Once we have that standard, and allow the CPSC to modify it over time, once that is in the statutes, that means we can test for that standard.

This bill has mandatory toy testing. For the first time ever, we are going to test these toys to make sure they meet the U.S. safety standards before they are ever sold in the marketplace.

If you think about a recall, a recall is a very uneconomical--I will use that term--and inefficient way to find a dangerous product. So the manufacturer comes over here with a product--many cases from overseas-- and it is distributed, sold, and it injures someone, and the recall happens, and these products are all over America. We are streamlining it and making our marketplace more efficient and better for people all over this country.

I will end where I started. I see Senator Sununu here, who played a very key role. All of the Senators helped in some ways. Again, I will end where I started, and that is that this is a great piece of legislation. It really is. The American people will be so pleased with the work we have done to get this passed and get the President to sign it. It will make a big difference in everyone's lives all over this country. Again, it shows what we can do if we work together to solve our problems.

I am very honored and privileged to have Senator Inouye designate me as the lead guy on our side to do this, and to watch Senators Stevens and Inouye work together. They set the pace on this legislation.

I thank the Chair.

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

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

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 897, S. 2617.

Mr. President, I ask unanimous consent that the committee substitute amendment be agreed to, the bill, as amended, be read the third time and passed, the committee-reported title amendment be agreed to, 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 Judiciary Committee be discharged from further consideration of H.R. 5938, and the Senate proceed to its immediate consideration.

Mr. President, I ask unanimous consent that a Leahy- Specter amendment, which is at the desk, be agreed to, the bill, as amended, be read the third time and passed, the motions to reconsider be laid upon the table, with no intervening action or debate, and that any statements related to the bill be printed in the Record.

Mr. President, I ask unanimous consent that the Senate proceed to the consideration of S. Res. 635, which was submitted earlier today.

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

Mr. President, I understand that S. 3348 is at the desk and due for a second reading.

I object to any further proceedings with respect to the bill.

Mr. President, I ask unanimous consent that when the Senate completes its business today, it stand adjourned until 9:30 a.m. tomorrow, July 31; 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 for the transaction of morning business until 10:30 a.m., with Senators permitted to speak for up to 10 minutes each, with the time equally divided and controlled by the two leaders or their designees, with the majority controlling the first half and the Republicans controlling the second half. I further ask unanimous consent that following morning business, the Senate resume consideration of the motion to proceed to S. 3001, the Department of Defense authorization bill. Finally, I ask unanimous consent that the time from 10:30 a.m. to 12:30 p.m. be controlled in alternating 30-minute blocks of time between the majority and Republican sides, with the Republicans controlling the first 30 minutes.