Floor Statements

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 President, I ask unanimous consent that the order for the quorum call be rescinded.

The PRESIDING OFFICER (Mr. Casey.) Without objection, it is so ordered.

Mr. President, I ask unanimous consent that the Finance Committee be discharged from further consideration of S. 2085, and that the Senate then proceed to its consideration.

Mr. President, I ask unanimous consent that the bill be read three times, passed, the motion to reconsider be laid upon the table, and that any statements relating to the bill be printed in the Record.

Mr. President, I ask unanimous consent that when the Senate completes its business today, it stand adjourned until 9:30 a.m., Wednesday, September 26; that on Wednesday, 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; that there then be a period for the transaction of morning business for 60 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.

Mr. President, if there is no further business today, I ask unanimous consent that the Senate stand adjourned under the previous order.

Mr. President, today I wish to pay tribute to a great Rhode Islander: my good friend, Paul Tavares.

This weekend, Paul will be honored by the Portuguese American Citizens Committee as its Person of the Year, and the PACC simply could not have made a better choice. This organization has contributed so much to the Portuguese community, and to our Ocean State, through its civic, charitable and political work. It is fitting that this weekend, the PACC will honor someone who has done the same. Paul's character, integrity, and honesty have set an example, not only in his work in public service, but throughout his life.

I have known Paul, and have been honored to call him my friend, since we both ran for statewide office in 1998: he for general treasurer, and I for attorney general. His motto during that election was simple one: ``No tricks, no gimmicks, just a Treasurer who'll do what's right.'' We both fought hard battles and we both emerged victorious. And immediately after being sworn in, we began a close and very productive relationship that helped each of our offices work more efficiently. It has been a lasting and a valued friendship.

Paul's record of accomplishment in the Treasurer's office is outstanding. One of his most notable achievements was his commitment to helping Rhode Island families save for their children's college education. As a result of his work, the CollegeBoundfund, Rhode Island's section 529 college savings program, was recognized by MSN Money in 2005 as one of the Nation's five best college savings plans in the country. Columnist Liz Pulliam Weston wrote: ``It's a pity more of us don't live in Rhode Island if you live there, it's a mystery why you'd invest anywhere else.'' With the help of the Attorney General's office, he put a broken crime victims' compensation program back on its feet. He led with integrity. Paul certainly carried out what he proposed to do, that is, to leave the Treasurer's office in a better State than what he inherited.

But Paul's story doesn't begin in the Treasurer's office. During his successful career in the banking industry, Paul dedicated himself to a life of public service, beginning his career on the East Providence School Committee, and then the East Providence City Council. In 1992, Paul was elected to Rhode Island's State senate, where he served until taking office as general treasurer. I worked closely with Paul when I served on Governor Bruce Sundlun's senior staff, and I saw up close what a good senator he was.

Paul's years in the Senate were full of significant accomplishments, especially his efforts to create The CollegeBoundfund and his work on adoption; and his service as first deputy majority leader and as vice- chair of the Corporations Committee. Paul is remembered in the senate not only for his committed service but also for his legendary ability to pull practical jokes on his fellow senators. One he particularly enjoyed was to ``borrow'' a piece of letterhead paper from one of his fellow senators and write a note to another senator. He would then ask a page in the senate to deliver the letter and sit back to enjoy the ensuing uproar. That story says so much about Paul: he never takes himself too seriously; the jokes were always warm-hearted and they helped break tensions in that body. Paul was good for the senate.

Paul has also never forgotten where he comes from. A son of Portuguese immigrants who migrated to the United States from the Azores, he has truly lived the American dream. I am sure Paul's parents, the late Anibal and Laurentina Tavares, are looking down on us proud to see how far Paul's determination and talent have carried him in life. And I am sure he would agree that he would not have enjoyed nearly as much success without the love and support of his lovely wife Lee, his daughters Tessa, Kristen and Felicia, and his sons Nicholas and Andrew. Their unwavering commitment to Paul, and his unwavering commitment to them, have been extraordinary.

Rhode Islanders who know Paul also know well his selfless service to his community. Paul founded the Portuguese American Scholarship Foundation, is a cofounder of the East Providence Children's Portuguese School, and served on the Catholic Diocese of Providence Finance Council. His work in these organizations has not only enriched the Ocean State's Portuguese community, but has changed lives all over Rhode Island. And he does not just help people through organizations. Many Rhode Islanders know stories of people showing up on Paul's doorstep, asking for his help. Each time, he listened and did what he could. Paul has spent his life helping others without asking anything in return.

I am pleased to come to the floor of the Senate to join the Portuguese American Citizens Committee in recognizing the tremendous accomplishments of our friend Paul Tavares. I extend congratulations, heartfelt thanks for a job well done, and best wishes to Paul and his family in all their future endeavors.

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

Mr. President, I am loath to close the proceedings on this very special day when such a special milestone has been achieved by a very special man, the senior Senator from Massachusetts, whom I am privileged to count as a colleague. But toil we must.

So, Mr. President, I ask unanimous consent that there now be a period of morning business, with Senators permitted to speak therein for up to 10 minutes each.

Mr. President, I ask unanimous consent that the Finance Committee be discharged from further consideration and the Senate now proceed to S. Res. 305.

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

Mr. President, as in executive session, I ask unanimous consent that the injunction of secrecy be removed from the following treaties transmitted to the Senate on September 4, 2007, by the President of the United States: 1996 Protocol to Convention on Prevention of Marine Pollution by Dumping of Wastes, Treaty Document No. 110-5; and Amendment to Convention on Physical Protection of Nuclear Material, Treaty Document No. 110-6.

I further ask consent that the treaties be considered as having been read the first time, that they be referred, with accompanying papers, to the Committee on Foreign Relations and ordered to be printed, and that the President's messages be printed in the Record.

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

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

Mr. President, I ask unanimous consent that when the Senate completes its business today, it stand adjourned until 10 a.m. Wednesday, September 5; that on Wednesday, following the prayer and pledge, the Journal of proceedings be approved to date, the morning hour be deemed expired, and the time for the two leaders be reserved for their use later in the day; that there then be a period of morning business until 11:30 a.m. with Senators permitted to speak therein for up to 10 minutes each and that the time be equally divided and controlled between the leaders or their designees, with the Republicans controlling the first half and the majority controlling the final portion, and that during the majority's time, Senator Dorgan be recognized for up to 20 minutes; that at 11:30 a.m, the Senate resume consideration of the Military Construction/Veterans Affairs Appropriations Act. Further, that on Wednesday the Senate recess from 12:30 p.m. to 2:15 p.m. for the respective party conference meetings.

Mr. President, I would like to announce to the Senate that on Wednesday, Senator Johnson is expected to return. Following the caucus recess period, the Senate will consider a resolution to welcome him back, and I would encourage Members to be on the floor at 2:15 p.m.

Mr. President, if there is no further business to come before the Senate today, I ask unanimous consent that the Senate stand in adjournment under the previous order.

Mr. President, the question we face fundamentally here is, are we a nation under the rule of law? A nation of laws or a nation of men? We have heard wonderful things said about Admiral McConnell tonight, and I share this body's admiration for Admiral McConnell. But we are not here judging him, we are here judging a piece of legislation.

The piece of legislation that we are asked to judge puts exclusive rights in the Presidency to determine what gets collected against Americans overseas and what gets collected against Americans in this country who have communications from overseas that are intercepted. And it allows that determination to be made, as was just said, pursuant to a Presidential Executive order.

We are a nation of separated powers. We established the FISA Court to have this authority. The court should oversee those processes. That is what this is about.

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

Mr. President, I speak today in support of the Children's Health Insurance Program. I want to first applaud the Finance Committee for its bipartisan 17-to-4 vote to approve this bill. I thank Senators Baucus, Rockefeller, Grassley, and Hatch, Majority Leader Reid, and also the staff of the Finance Committee for all their hard work through the very difficult negotiations that made it possible to bring this critical measure so strongly to the floor.

I also recognize Rhode Island's role in this piece of legislation, going all the way back to the distinguished Senator John Chafee, one of the early bipartisan sponsors of the bill. Now on the floor today, my senior Senator, Jack Reed, has been one of the most powerful and outstanding advocates for this program in this institution. I am proud to join him in supporting this bill and in this fight.

I am proud also to represent a State with one of the lowest rates of uninsured adults and children in the Nation. There is a reason. Rhode Island has worked over the past 15 years to achieve this success, beginning with the RIteCare program in 1993. In 2001, the creation of this Children's Health Insurance Program allowed Rhode Island to further reduce the number of uninsured children in the State. I am proud to have been part of Gov. Bruce Sundlun's team when he started the original RIteCare program in 1993.

As health care costs skyrocket, and the number of people in this country who lack health insurance approaches the staggering number of 50 million, we in Congress have an obligation to strengthen initiatives like RIteCare that make health care more accessible.

For years, the Children's Health Insurance Program has given millions of uninsured American families access to health care for their kids. And pretty much everyone has thought this was a good thing. But now, setting aside reason, and driven by ideology, President Bush has threatened to lift his veto pen for only the fourth time in his Presidency to take that security and peace of mind away from these children and from their worried moms and dads, from families similar to the ones the Senator from Ohio highlighted in his eloquent remarks a moment ago.

The President claims the $35 billion improvement over 5 years is too expensive. The President would prefer only the $5 billion he included in his budget. But that funding level would result in 1 million American children losing their health insurance. We certainly cannot look to President Bush for leadership.

How ironic, after all we have heard from this administration praising the State Children's Health Insurance Program and even taking credit for expanding coverage, for encouraging State flexibility, and for spurring innovation at the State level.

Listen to what they used to say. In the administration's plan outlining the President's second term, their fact sheet boasted:

The year before President Bush took office, some 3.3

million low-income children were enrolled in SCHIP. By 2003,

that number had risen to 5.8 million, a 75 percent increase.

Over that same period, by working cooperatively with State

Governors, the Department of Health and Human Services

increased the number of low-income adults on Medicaid by 6.8

million.

That was then, this is now.

After that, the administration went on to lament the fact that ``millions of children who are eligible for SCHIP or Medicaid coverage are not yet enrolled. Billions in Federal dollars available to the States to insure these children remain unspent because these children haven't been signed up.''

Then, at the 2004 Republican National Convention, President Bush promised this:

In a new term, we will lead an aggressive effort to enroll

millions of poor children who are eligible but not signed up

for the Government's health insurance programs. We will not

allow a lack of attention or information to stand between

these children and the health care they need.

But now the same Bush administration, the same President, is aggressively planning to deny health insurance to poor children. How does this make any sense?

The President's rationale for this new parsimony was revealed before an audience in Cleveland on July 10. Here is the President's approach to health

insurance for America. You just pointed this out, Mr. President:

I mean, people have access to health care in America; after

all, you just go to an emergency room.

Well, that is a thoughtful approach. Once again, we cannot look to our President for any leadership on this issue.

The administration has also expressed its opposition to the cigarette tax that will fund the increases in children's health insurance, calling it--get this--among the most regressive revenue-raising measures one could propose. That is from a letter from Secretary Leavitt to Chairman Baucus and Senator Grassley.

The irony department is open late in the Bush administration. In evaluating their crocodile tears about regressive tax measures, consider that this Nation will spend $233 billion in 2008 on the Bush tax cuts, 30 percent of which will go to the top 1 percent of income earners. From 2008 through 2011, the period we are talking about for children's health care, those tax cuts will cost Americans, in lost revenue and interest on the debt, nearly $1 trillion, 22 percent of which will go to people who earn more than $1 million a year.

This chart illustrates just how the cost of tax cuts for the top 1 percent of Americans compares to the cost of expanding health care for children in this country. We are spending vastly more each year on tax cuts for the Nation's highest income earners than we are fighting for in children's health care.

Here it is, $2.1 billion for children's health care in 2008, $70 billion for the richest 1 percent; $5 billion in fiscal year 2009 for children's health care, $72 billion for the richest 1 percent; and in 2010, gosh, we go all the way to $7.9 billion for children's health care with only $82 billion for the richest 1 percent.

The Congressional Budget Office estimates that in just this year alone--just this year alone--we are paying an extra $46 billion in interest, not paying back the debt, just in interest, on the Bush tax cuts--$46 billion just in 1 year. And the whole thing we are arguing about here is $35 billion over 5 years for children's health care. It is truly mind-boggling.

But it doesn't end there. The President has also threatened to veto the bill based on its coverage of adults. This is a policy that the administration has previously, explicitly, repeatedly approved. This is a sudden ideological U-turn of stunning and deeply hypocritical proportions.

As recently as last summer at a Finance Committee hearing on children's health insurance, then CMS Administrator Mark McClellan said the following:

Extending coverage to parents and caretaker relatives not

only serves to cover additional insured individuals, but it

may also increase the likelihood that they will take the

steps necessary to enroll their children. Extending coverage

to parents and caretakers may also increase the likelihood

that their children remain enrolled in SCHIP.

That was then, this is now.

This administration has approved waivers to cover parents in New Mexico, Illinois, Oregon, New Jersey, Michigan, and Wisconsin. Fewer than 2 months ago, on May 30 of this year, Leslie Norwalk, who was then Acting Administrator of CMS, was ``pleased to inform'' Wisconsin that its extension request for what they call BadgerCare--it is equivalent to RIteCare in Rhode Island--had been approved through March 31, 2010. BadgerCare covers roughly 67,000 parents. Again, this waiver was approved by the Bush administration 8 weeks ago, and now he is threatening a veto for care that covers adults.

Here is a copy of the letter that CMS Administrator Mark McClellan sent to my home State of Rhode Island on January 13, 2006. It reads:

We are pleased to inform you that your amendment to the

RIteCare section 1115 demonstration, as modified by the

Special Terms and Conditions accompanying this award letter,

has been approved.

It also notes:

Rhode Island's request to renew title XXI, section 1115,

demonstration project, dated July 15, 2005, with additional

information . . . has also been approved.

Finally, it notes:

Individuals who, at the time of initial application, are

custodial parents or relative caretakers of children who are

eligible under the title XIX State plan or the title XXI

State plan . . .

Are in the demonstration population and, of course, ``we look forward to continuing to work with you and your staff.'' Signed Mark B. McClellan, M.D., Ph.D., the Administrator of CMS. This was January of 2006. This is the Bush administration. This is them signing off on adults, custodial parents, or relative caretakers of children being in the plan.

Yet now the President is shocked--shocked--that this program may cover some adults. Who didn't send him the memo?

At the end of May, I spoke on the Senate floor about some of the major problems facing health care in this country. I talked about the lack of investment in quality improvements, the lack of a national information technology infrastructure, and a reimbursement system that pays doctors to perform procedures rather than to help patients get well. I took these issues to the Senate floor because the structure of our system is unsound, its underlying mechanism is broken, its signals are misaligned.

But there are a few shining lights in the American health care system, and the Children's Health Insurance Program is among the brightest. This program respects State flexibility, it encourages responsiveness to local needs, it fertilizes structural creativity in the health care arena, it safeguards the vulnerable, it unites families, and it invests in the future of our Nation.

The Children's Health Insurance Program means that children are more likely to receive medical care for common conditions such as asthma or ear infections. It means that children have higher school attendance rates. It means that children have higher academic achievement. It means that children have more contact with medical professionals and receive more preventive care. It means that children stay out of expensive urgent care settings, such as the emergency room.

We choose now in this bill and in this debate between providing our Nation's children with health insurance and not providing our Nation's children with health insurance. It is as simple as that. We choose now whether every individual in this Nation, regardless of age, gender, race, income, or health status deserves the stability and the safety that health insurance provides. We choose for millions of American families how much they have to worry, how much moms and dads have to worry about the health care of their children.

It is my duty as a representative of the people of Rhode Island, and it is our collective duty as representatives of a great Nation to stick up for the most vulnerable members of our society and for programs that protect those who cannot protect themselves. We must certainly not give up in the face of an administration that willingly violates its own principles in order to create an issue on which the President can deliver a veto as a desperate political stunt in the last bleak chapters of his collapsed Presidency--not at the cost of health care for children. That would be truly pathetic.

I yield the floor.