Floor Statements

Mr. President, this morning I was saddened by the news

that my friend Jim Ingram, who served so well and courageously as commissioner of the Department of Public Safety of Mississippi, had passed away. He lost a long battle with cancer.

Jim was a retired FBI agent who was in charge of the civil rights unit that supervised the investigation and assisted in the prosecution of crimes by Klansmen and others who were charged with violence and murder in our State during the civil rights movement. He was a man of great courage, with a strong sense of purpose, whose warm and friendly personality make him easy to like and respect. The people of my State will long remember and appreciate his valuable contributions to peace and public safety.

I ask unanimous consent that a copy of his obituary, as it appeared in today's Clarion-Ledger, be printed in the Record.

Madam President, with respect to the nomination of Judge Sonia Sotomayor to be an Associate Justice on the U.S. Supreme Court, I find that I share many of the concerns expressed by the distinguished Senator from Arizona, Mr. Kyl.

First, I want to thank Senators Leahy and Sessions for their handling

of the hearings in the Judiciary Committee on the subject of the Supreme Court confirmation of Judge Sotomayor. Their meetings were both informative and respectful, and I think they appropriately reflected the traditions of the Senate. Both Judge Sotomayor and the judicial confirmation process were treated with the respect they deserve.

The Senate's constitutional role to advise and consent on Federal judicial nominations is one that all Senators take seriously. And I, like most Senators, have traditionally shown significant deference to the President's role in submitting to the Senate nominees for the Federal judiciary. It is a role that the Senate shares with the President. If a nominee was qualified by education, experience, and judicial temperament, then that nominee would likely be confirmed by the Senate, regardless of the political party of the President.

But in recent years, we have seen that standard dramatically altered. During the administration of President George W. Bush, for example, several well-qualified nominees from my State for positions in the Federal judiciary, including Charles Pickering, Michael Wallace, and Leslie Southwick, saw their nominations opposed because of political differences. For better or for worse, a new standard for evaluating judicial nominees has emerged.

As has been well documented during her confirmation process, Judge Sotomayor was confirmed to the U.S. Court of Appeals for the Second Circuit by the Senate on October 2, 1998. I voted in favor of her confirmation. However, a nomination to one of the Federal Circuit Courts of Appeals is not the same as a nomination to the Court of last resort, the highest Court in our land, the U.S. Supreme Court.

During her recent hearing, Judge Sotomayor was asked several questions regarding statements she had made in recent years. In writings and speeches, Judge Sotomayor repeatedly stated that a judge's personal experiences can and will impact judicial outcomes. She has also argued that judges should allow their personal sympathies and prejudices to influence their decisionmaking. She described the ideal of judicial impartiality as an aspiration she believes cannot be met in most cases. These statements raise serious concerns regarding the lack of commitment to the notion of equal justice under the law.

Judge Sotomayor's responses to questions about these comments have failed to alleviate my concerns about whether she would apply the law in an evenhanded manner. It is the responsibility of the Senate to make certain that those who are confirmed to the Supreme Court not only are fully qualified by reason of experience and training but also that they show a commitment to equal justice under the law. Some of Judge Sotomayor's statements during the last decade have given me reason to question her fidelity to equal justice.

Unlike the Federal circuit court, where she has served since 1998, a Justice on the Supreme Court is not necessarily bound by existing legal precedent. If confirmed, there would be no higher court to deter Judge Sotomayor from making decisions that would become the binding law of the land. For these reasons, I intend to oppose her nomination.

I suggest the absence of a quorum.

Madam President, the Senate will continue to benefit in the years ahead from the service and example of Norm Coleman as a U.S. Senator.

He brought to the Senate a seriousness of purpose and a high level of energy which he used to help shape national policies and successfully address many important challenges faced by our country.

I enjoyed working with him and playing tennis with him. He brought to his service in the Senate a strong and determined commitment to solve the problems facing our country, especially as they affected farmers and workers in his State of Minnesota.

Norm Coleman's leadership will be missed in the Senate, but we will continue to benefit from his example and his contributions to this body for many years to come.

Mr. President, I move to reconsider the vote by which the bill was passed.

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

Mr. President, I move to reconsider the vote.

Mr. President, I would like to continue the efforts of Senator Kaufman and the Partnership for Public Service by honoring an outstanding federal employee in Mississippi.

Public servants fulfill remarkable duties in the government, and their accomplishments deserve grateful recognition.

Mr. Joshua Fairley, an employee at the U.S. Army Corps of Engineers, Engineer Research and Development Center, USACE-ERDC, in Vicksburg, is a distinguished public servant for his development of new technology to improve the detection accuracy of improvised explosive devices for our Armed Forces. Improvised explosive devices are commonly used in terrorist attacks and have become a principal source of fatalities for men and women in the U.S. Armed Forces.

Mr. Fairley's new technology has resulted in a 75 percent improvement rating for detection accuracy. This Mississippian has used his intelligence to serve our country and protect our troops.

Mr. Fairley was inspired to become a Federal employee because of his desire to make a difference, and he has done so by recognizing challenges and using his skills to overcome them.

I am glad that Senator Kaufman has initiated this effort; our Federal employees deserve recognition for the important role they fill.

Mr. Fairley is committed to our Nation, and his contributions have made him the prime example of an outstanding Federal employee.

Madam President, I suggest the absence of a quorum.

I move to lay that motion on the table.

The motion to lay on the table was agreed to.

Madam President, I have a unanimous consent request that has been cleared. I ask unanimous consent that the pending Brownback amendment be modified with the changes at the desk.

Madam President, I suggest the absence of a quorum.

Mr. President, I wish to compliment the distinguished Senator from Idaho. He puts his finger on a problem that affects not only Idaho but some other States as well, including my State of Mississippi, where we have had a large number of National Guard and Reserve officers, too--but his amendment goes directly to the National Guard--deployed to the theater, engaged in serious and dangerous operations in the theater, and we appreciate the fact that they are in need of having equipment and weapons that are suitable for the tasks and the challenges they face. It is a dangerous environment. This amendment will help deal with that serious problem. I thank the Senator for bringing it to the attention of the Senate.

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

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

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

Mr. President, I am pleased to join the distinguished chairman of the Committee on Appropriations in presenting to the Senate the fiscal year 2009 supplemental appropriations bill. This bill includes funding to combat violent extremism in Iraq and Afghanistan, and supports other emergency requirements both at home and abroad.

This bill includes funding for the men and women in the Armed Forces and our diplomatic corps, and gives them the resources necessary to carry out the missions assigned to them by our Government.

I commend the distinguished chairman for moving this bill in a timely manner to ensure that our service men and women have the resources they need while still allowing time for the Senate to carefully consider the bill.

I hope this year we can complete action on the supplemental in time to avoid putting the Secretary of Defense in a position where he is compelled to postpone acquisitions or transfer funding between accounts, and take other inefficient steps to maintain the flow of resources to our troops in the field.

This bill contains several important initiatives that will strengthen our military's ability to prosecute its mission and improve the overall readiness of our forces. Several of these priorities were identified by the Department of Defense but were not included in the President's request. We were able to fund these additional needs while staying within the overall spending level requested by the President for Defense programs.

The bill contains more than $18 billion for military pay and benefits, including $1.9 billion to cover shortfalls not requested by the administration. The bill also includes funding for continued operations, equipment repair and replacement, and enhanced support to wounded warriors and military families.

The bill contains $4.2 billion for mine resistant ambush protected vehicles. This recommendation is $1.5 billion more than the administration's request and will help speed the delivery of an ``All Terrain'' version of the vehicle to Afghanistan where harsh terrain challenges the mobility of our forces.

The committee also recommends $332 million above the President's request to fund urgent requirements identified by the Secretary of Defense's Intelligence, Surveillance, and Reconnaissance Task Force. These funds will be used to procure additional sensors, platforms, and communication systems that are critical for finding and neutralizing al-Qaida and insurgent forces.

To maintain the readiness of our forces, the bill includes an additional $246 million above the President's request for the Navy's P- 3 surveillance aircraft. These planes are not only used

for maritime patrol, but also to support Army and Marine ground forces in Iraq and Afghanistan. The funds will allow the Navy to procure wing kits needed to address structural fatigue issues that have led to the grounding of many of these aircraft.

The committee also recommends $190 million above the President's request for ship depot maintenance to address damage done to three Navy vessels during recent mishaps. These repairs are truly unforeseen emergencies, and the funds in this bill will help ensure these ships return to the operational fleet as soon as possible.

Although the President's request did not include funding in the National Guard and Reserve equipment account, the committee recommends $500 million. Currently there are over 140,000 National Guard and Reserve personnel activated. This funding will help ensure those personnel have the resources necessary to perform their duties. These funds will be used to procure equipment for National Guard and Reserve units to be used to support combat missions and taskings from State Governors.

The Defense title also contains $400 million for the Pakistan Counterinsurgency Capability Fund. This new initiative proposed by the President is intended to bolster efforts to eliminate terrorist safe havens in the rugged border region of Pakistan and Afghanistan. I understand the legitimate concern raised by Senators who believe that such a program should be administered by the Department of State, but I believe the needs of the commanders on the ground warrant short-term funding for the Defense Department until this program can be effectively transferred to the State Department.

While this supplemental is predominantly focused on American efforts abroad, I am pleased that the bill also responds to emergencies here at home. The bill includes several provisions to aid in my State's ongoing recovery from Hurricane Katrina, including funding to restore the federally owned barrier islands that serve as the first line of protection for the Mississippi coastline. These islands were significantly diminished by Katrina, and according to a Corps of Engineers' study their restoration will go a long way toward mitigating future damage.

I greatly appreciate the bipartisan manner in which the chairman worked with me and other members on our side in crafting this bill. He and his staff have been very open to requests, even while producing a bill that adds very little to the top-line amount requested by the President.

In this bill, Chairman Inouye made a sincere effort to respond to security concerns at Guantanamo Bay without denying outright the resources requested by the President to analyze and implement closure of the facility. I understand, however, that the funding and language relating to Guantanamo remain controversial. I anticipate these matters will be thoroughly discussed and that several Senators are likely to propose amendments.

Senators may also have amendments relating to the International Monetary Fund. The bill reported by the committee includes language sought by the President to expand the United States commitment to the IMF. This request was submitted only a week ago, and there was very little time prior to the committee markup in which to consult with the relevant authorizing committees and other experts. I am not aware that there have been Senate hearings on this request. I look forward to further discussion of this important subject, but wish to express my concern that the manner in which this request has been presented could endanger the timely enactment of this supplemental. I hope that is not the case.

I would like once again to thank the Senator from Hawaii for the manner in which he has put this bill together. I look forward to working with him to get the bill to the President in a timely fashion, and to beginning work in earnest on the regular fiscal year 2010 appropriations bills. We have a busy summer ahead of us.

I urge my colleagues on the Republican side who may have amendments to the supplemental to contact us so that we can make efficient use of the Senate's time.

Mr. President, I know the Senator from Oklahoma wants to make a comment. I will yield first, though, to the distinguished chairman.

Mr. President, I ask unanimous consent that the Senator from Alabama, Mr. Shelby, be added as a cosponsor to this amendment.

Mr. President, I am pleased to commend John Phillips of Holly Bluff, MS, for his service and contributions to the State of Mississippi during 2009, through his service as the 74th president of Delta Council.

Delta Council is an economic development organization representing the business, professional, and agricultural leadership of the 18 delta and part-delta counties of Mississippi. This prominent and widely respected organization was formed in 1935 to deal with the challenges which faced the economy and quality of life of this region of our State.

John Phillips has served as president during a period when our Nation, as well as the State of Mississippi, and the Mississippi delta region, have experienced precedent-setting economic challenges.

As a successful businessman and farmer, John has brought an abundance of practical knowledge to the role of Delta Council president. His experience and expertise have enabled him also to be an effective advocate for flood protection in the Yazoo-Mississippi River basin. Additionally, he has demonstrated the foresight to accelerate and expand the efforts of Delta Council in other important areas of interest such as improved access to healthcare, adult literacy, early childhood education, and transportation throughout this region of our State.

John has also proven himself to be an exemplary conservationist by supporting efforts to protect wildlife and other valuable natural resources. He has utilized his year of service as president of Delta Council to advance the economic opportunities of all of the people of the Mississippi delta region. I am confident that John will continue to be an effective leader for the Mississippi delta in the years ahead.

In Mississippi we appreciate John Phillips, and his wife Ann Elise, their son, Jack, and their daughters, Whitney and Reid, for the sacrifices they have made to help improve the quality of life of all who live in the Mississippi delta.

Mr. President, the amendment of the Senator from South Carolina creates a point of order against legislation that does not comply with President Obama's recently proposed earmark reforms.

The amendment ignores the layers of reforms that Congress has adopted in recent years and the reduction in the amount of earmarks that has already taken place.

For the coming fiscal cycle the Appropriations Committee has required that earmarks be posted on the requesting Members' Web sites well in advance of the appropriations bills even being considered in subcommittee. This well exceeds the 72 hour threshold sought by President Obama. And I note that President Obama will not make public his own earmark requests prior to publication of his budget.

The amendment would require all Senators to testify at hearings in support of any earmarks they seek. If testimony by Senators is to be required to justify legislative initiatives, why on Earth would we want to limit this to earmarks? Shouldn't Senators be required to testify at hearings in support of any legislative initiative they advocate? When was the hearing on the amendment of the Senator from South Carolina?

The amendment purports to prohibit earmarks from being traded for ``political favors.'' Mr. President, does this mean it is OK to trade any other official act for political favors? Does this give Members license to pursue legislative provisions for labor interests or for particular industries in exchange for political favors? Of course, it doesn't. My colleagues are well aware that trading earmarks or any other official act for political favors is already against the laws and ethics rules of this body.

I am happy for earmarks and all other legislative matters to be subject to the scrutiny of the legislative process. That is exactly as it should be. I hope my colleagues will support efforts to consider individual appropriations bills this summer in an orderly and timely manner so that the Senator from South Carolina and all other Members can offer amendments to eliminate spending that they see as wasteful.

But we don't need new points of order to do this. I urge my colleagues to reject this amendment.

Mr. President, today, I am introducing the Teaching Geography is Fundamental Act. I am pleased to be joined by my friend from Connecticut, Mr. Dodd. The purpose of this bill is to improve geographic literacy among K-12 students in the U.S. by supporting professional development programs for their teachers that are administered in institutions of higher education and other educational institutions. This bill also assists States in measuring the impact of education in geography.

Former Secretary of State Colin Powell said, ``To solve most of the major problems facing our county today--from wiping out terrorism, to minimizing global environmental problems, to eliminating the scourge of AIDS--will require every young person to learn more about other regions, cultures, and languages.'' We need to do more to ensure that the teachers responsible for the education of our students, from kindergarten through high school graduation, are prepared and trained to teach these critical skills to solve these problems. The Elementary and Secondary Education Act has expressly identified geography as a core academic subject. Yet, when we review No Child Left Behind, geography education is the only subject without a dedicated source of support for educational training and innovation.

This bill prepares students to be good citizens of both our nation and the world. John Fahey, President of the National Geographic Society, stated that ``geographic illiteracy impacts our economic well- being, our relationships with other nations and the environment, and isolates us from the world.'' When students understand their own environment, they can better understand the differences in other places, and the people who live in them. Knowledge of the diverse cultures, environments, and the relationships between states and countries helps our students to understand national and international policies, economies, societies, and political structures on a more global scale.

To expect that Americans will be able to work successfully with the other people in this world, we need to be able to communicate and understand each other. We need to prepare our younger generation for global competition and ensure that they have a strong base of understanding to be able to succeed in the global marketplace.

The 2005 publication, What Works in Geography, reported that elementary school geography instruction significantly improves student achievement and proved that the integration of geography into the elementary school curriculum improves student literacy achievement an average of 5 percent. That is the good news. However, the 2006 National Geographic-Roper Global Geographic Literacy Survey shows that 69 percent of elementary school principals report a decrease in the time spent teaching geography, and less than a quarter of our nation's high school students take a geography course in high school. This survey shows that many of our high school graduates lack the basic skills needed to navigate our international economy, policies, and relationships. According to statistics from the U.S. Bureau of Economic Analysis, 30 percent of the annual U.S. GDP, that is 4.3 trillion dollars, results from international trade. According to the CIA World Factbook of 2005, U.S. workers need geographic knowledge to compete in this global economy. Geographic knowledge is increasingly needed for U.S. businesses in international markets to understand such factors as physical distance, time zones, language differences, and cultural diversity among project teams.

In addition, geospatial technology is an emerging and innovative career available to people with strong geography education. Professionals in geospatial technology are employed in Federal Government agencies, the private sector, and the non-profit sector. These professionals focus on areas such as agriculture, archeology, ecology, land appraisal, and urban planning and development. According to the National Geospatial Intelligence Agency, the information gathering necessary to protect critical infrastructure has resulted in an enormous increase in the demand for geospatial skills and jobs. A strong geography education system is a necessity for this industry's continued advancement. The U.S. Department of Labor has identified geospatial technologies as one of the most important high-growth industries, with the market growing at an annual rate of 35 percent. These are high-tech, high-wage jobs in which America can and must compete.

It has been both the private and non-profit sectors working to ensure that the critical skills and knowledge provided by geography education are provided to our schools. Over the last 20 years, the National Geographic Society has awarded more than $100 million in grants to educators, universities, State geographic alliances, and others for the purposes of advancing and improving the teaching of geography. Their models are successful, and research shows that students who have benefitted from this teaching out-perform other students. In all 50 States, the District of Columbia and Puerto Rico, there are state geographic alliances and partnerships between higher education and K-12 school systems. Thirty States, including Mississippi and the District of Columbia, are endowed by grants from the National Geographic Society. But these efforts alone are not enough. The bill I am introducing establishes a Federal commitment to enhance the education of our teachers, focuses on geography education research, and develops reliable, advanced technology-based classroom resources. A 5 year, $15,000,000 grant program would be created under the bill to achieve these objectives.

In my State of Mississippi, teachers and university professors are making progress to increase geography education in the schools through additional professional training. To date, there are 555 members of the Mississippi Geographic Alliance who teach geography. Last year, the Mississippi Geographic Alliance conducted a statewide workshop titled Introductory World Geography to help prepare teachers to meet the State's new graduation requirement in geography. The Alliance conducted two, week-long residential summer institutes that provided grade- specific geography content and teaching strategies; provided a field- based local Mississippi geography workshop; and conducted two workshops that introduce pre-service teachers to the scope of modern geography and effective geography teaching strategies.

I hope the Senate will consider the serious need to invest in geography, and I invite other Senators to cosponsor the Teaching Geography is Fundamental Act.

Mr. President, today, I am introducing the Teaching Geography is Fundamental Act. I am pleased to be joined by my friend from Connecticut, Mr. Dodd. The purpose of this bill is to improve geographic literacy among K-12 students in the U.S. by supporting professional development programs for their teachers that are administered in institutions of higher education and other educational institutions. This bill also assists States in measuring the impact of education in geography.

Former Secretary of State Colin Powell said, ``To solve most of the major problems facing our county today--from wiping out terrorism, to minimizing global environmental problems, to eliminating the scourge of AIDS--will require every young person to learn more about other regions, cultures, and languages.'' We need to do more to ensure that the teachers responsible for the education of our students, from kindergarten through high school graduation, are prepared and trained to teach these critical skills to solve these problems. The Elementary and Secondary Education Act has expressly identified geography as a core academic subject. Yet, when we review No Child Left Behind, geography education is the only subject without a dedicated source of support for educational training and innovation.

This bill prepares students to be good citizens of both our nation and the world. John Fahey, President of the National Geographic Society, stated that ``geographic illiteracy impacts our economic well- being, our relationships with other nations and the environment, and isolates us from the world.'' When students understand their own environment, they can better understand the differences in other places, and the people who live in them. Knowledge of the diverse cultures, environments, and the relationships between states and countries helps our students to understand national and international policies, economies, societies, and political structures on a more global scale.

To expect that Americans will be able to work successfully with the other people in this world, we need to be able to communicate and understand each other. We need to prepare our younger generation for global competition and ensure that they have a strong base of understanding to be able to succeed in the global marketplace.

The 2005 publication, What Works in Geography, reported that elementary school geography instruction significantly improves student achievement and proved that the integration of geography into the elementary school curriculum improves student literacy achievement an average of 5 percent. That is the good news. However, the 2006 National Geographic-Roper Global Geographic Literacy Survey shows that 69 percent of elementary school principals report a decrease in the time spent teaching geography, and less than a quarter of our nation's high school students take a geography course in high school. This survey shows that many of our high school graduates lack the basic skills needed to navigate our international economy, policies, and relationships. According to statistics from the U.S. Bureau of Economic Analysis, 30 percent of the annual U.S. GDP, that is 4.3 trillion dollars, results from international trade. According to the CIA World Factbook of 2005, U.S. workers need geographic knowledge to compete in this global economy. Geographic knowledge is increasingly needed for U.S. businesses in international markets to understand such factors as physical distance, time zones, language differences, and cultural diversity among project teams.

In addition, geospatial technology is an emerging and innovative career available to people with strong geography education. Professionals in geospatial technology are employed in Federal Government agencies, the private sector, and the non-profit sector. These professionals focus on areas such as agriculture, archeology, ecology, land appraisal, and urban planning and development. According to the National Geospatial Intelligence Agency, the information gathering necessary to protect critical infrastructure has resulted in an enormous increase in the demand for geospatial skills and jobs. A strong geography education system is a necessity for this industry's continued advancement. The U.S. Department of Labor has identified geospatial technologies as one of the most important high-growth industries, with the market growing at an annual rate of 35 percent. These are high-tech, high-wage jobs in which America can and must compete.

It has been both the private and non-profit sectors working to ensure that the critical skills and knowledge provided by geography education are provided to our schools. Over the last 20 years, the National Geographic Society has awarded more than $100 million in grants to educators, universities, State geographic alliances, and others for the purposes of advancing and improving the teaching of geography. Their models are successful, and research shows that students who have benefitted from this teaching out-perform other students. In all 50 States, the District of Columbia and Puerto Rico, there are state geographic alliances and partnerships between higher education and K-12 school systems. Thirty States, including Mississippi and the District of Columbia, are endowed by grants from the National Geographic Society. But these efforts alone are not enough. The bill I am introducing establishes a Federal commitment to enhance the education of our teachers, focuses on geography education research, and develops reliable, advanced technology-based classroom resources. A 5 year, $15,000,000 grant program would be created under the bill to achieve these objectives.

In my State of Mississippi, teachers and university professors are making progress to increase geography education in the schools through additional professional training. To date, there are 555 members of the Mississippi Geographic Alliance who teach geography. Last year, the Mississippi Geographic Alliance conducted a statewide workshop titled Introductory World Geography to help prepare teachers to meet the State's new graduation requirement in geography. The Alliance conducted two, week-long residential summer institutes that provided grade- specific geography content and teaching strategies; provided a field- based local Mississippi geography workshop; and conducted two workshops that introduce pre-service teachers to the scope of modern geography and effective geography teaching strategies.

I hope the Senate will consider the serious need to invest in geography, and I invite other Senators to cosponsor the Teaching Geography is Fundamental Act.

Mr. President, before yielding the time so we can vote, I wish to commend and thank the distinguished Senator from Hawaii for his leadership of the Appropriations Committee, particularly in our negotiations that we have had with Members of the other body. We are not legislating in a vacuum. These proposals and provisions of this bill have been carefully reviewed by our committee. In this case, it includes I think about seven bills that were individually written and proposed to the full committee by the subcommittees, after a series of hearings reviewing the administration's requests for funding, listening to outside groups that had opinions and views about the level of appropriations for many accounts and programs. But our true leader who deserves praise for this final work product, as I said, is the distinguished Senator from Hawaii.

I yield back the remainder of our time.