Robert Byrd

Mr. BYRD

Mr. BYRD. Mr. President, the State of West Virginia and the Nation's coal industry lost a very good man last week, and I lost a good friend. Mr. Stephen Young, a native of Buckhannon, WV, who had been the vice president of government affairs at Consol Energy for more than three decades, passed away on June 15th. Steve and I worked together to protect and promote the best interests of coal, a vital form of energy which has helped make our country strong, and on which our Nation depends. I always, I repeat, always, found Steve Young to be a friendly and cooperative person with whom to work, as well as a decent and considerate man. Steve was a gentleman. He was soft spoken, effective in everything he did, and respected and liked by all. Steve was the director of State operations for Consol Energy. He had also been president of the West Virginia Coal Association and had served on the Board of Directors of a number of other State coal associations. He also served on the board of directors of the West Virginia Chamber of Commerce and was a member of its executive committee. As a tribute to his talents, a few years ago, Steve was elected to the West Virginia Coal Hall of Fame. Mr. Young was simply devoted to the coal industry, to the progress of West Virginia, his home State which he loved dearly, and to his family. I will certainly miss him and his vast experience and expertise. I extend my heart felt condolences to his wife Maureen, his children and grandchildren, and his sister. Scent of the Roses Let fate do her worst, there are relics of joy, Bright dreams of the past that she cannot destroy, That come in the night-time of sorrow and care, And bring back the features that joy used to wear. Long, long be my heart with such memories filled, Like the vase in which roses have once been distilled, You may break, you may shatter the vase if you will, But the scent of the roses will hang round it still.--Thomas Moore.

Mr. BYRD

Mr. BYRD. Mr. President, with great pleasure I congratulate the senior Senator from Hawaii, Mr. Daniel Inouye, for becoming the second longest-serving Senator in history. He achieved this distinction last Friday when he became only the second person to have served in the Senate for 17,327 days. I also want to use this opportunity to congratulate Senator Inouye on what I am sure he considers a bigger, and even more important event in his life, the birth of his first grandchild, Mary Margaret ``Maggie'' Inouye. Maggie was born on April 20 to Ken and Jessica Inouye, the son and daughter-in-law of our esteemed colleague. I wish all of them the best of health and happiness. I have remarked many times on this floor that Senator Inouye is my ``No. 1 hero.'' No one has ever served our country more extensively, or more bravely and with more loyalty and determination, than has Senator Inouye. During World War II, he served in the famed 442nd Infantry Regimental Combat Team, the most decorated Army unit in the history of United States. In recognition of his war heroics, he was awarded the Distinguished Service Cross, the Bronze Star, the Purple Heart, and the Congressional Medal of Honor, making him one of only seven Senators to have been awarded our Nation's highest military honor. In 1963, he became the first Japanese American ever to serve in the U.S. Congress. And in this Chamber he has served his State and our country with great distinction. Senator Inouye has served on the Senate Watergate Committee, the Congressional Iran Contra Committee, the Senate Appropriations Committee, and as Secretary of the Democratic Conference. And during his long and productive career in this Chamber, he has become my dear friend. I was honored and pleased when he was the person who nominated me for my third term as Senate whip in 1975. Foremost, I have always appreciated his deep loyalty to the Senate and to me when I was the Senate Democratic leader and he was serving as secretary of the Democratic Conference. Now, Senator Inouye has achieved another milestone in a career filled with achievements and successes, and I commend him on it. Congratulations Senator Inouye, my friend, my colleague and my ``No. 1 hero!''

Mr. BYRD

Mr. BYRD. Mr. President, Sunday, June 20, is the 147th anniversary of wild and wonderful West Virginia's joining the United States as the 35th State. I am proud of all that West Virginia has offered and continues to offer to the United States. West Virginia is a unique gem among the 50 States. It is the only State to be formed by seceding from a Confederate State, and only one of two States to be added to the Union during the Civil War--the other being the home State of my good friend Senator Reid, Nevada, which separated from the Utah Territory. Known as the Mountain State, West Virginia is the only State located entirely within the ancient Appalachian Mountain range which was formed over 300 million years ago. West Virginia has the highest elevation of any U.S. State east of the Mississippi River, with an average of 1,500 feet above sea level. That elevation means that the Monongahela National Forest Region in the southeastern part of the State has a climate more akin to northern New England and Canada, with spruce forests, cool summers, and snow-filled winters. In fact, Dolly Sods, which is part of the Monongahela National Forest, has tundra-like vistas where, amid scenery reminiscent of Alaska, visitors might spot snowshoe hares. Our colder, tumbling waters also support trout that are an angler's dream, as well as a rafter's or kayaker's delight. Unlike its name, West Virginia's New River is actually very old, perhaps one of the oldest rivers in the world. Flowing in a generally south-to-north course through the Appalachian Mountains from North Carolina to West Virginia, where it merges with the Gauley River to form the Kanawaha River, the New River goes against the west-to-east flow that most other nearby rivers take, emptying into the Mississippi River rather than the Chesapeake Bay. Near Fayetteville, WV, the New River is spanned by the spectacular New River Gorge Bridge, featured on the reverse of the West Virginia State quarter coin. Each autumn, the community celebrates Bridge Day, allowing parachute-clad jumpers to leap from the highest vehicular bridge in the Americas to the New River some 876 feet below. For centuries, West Virginia has been a place where people could escape summer's heat and enjoy the great outdoors. In the eastern panhandle, the spa town of Berkeley Springs has welcomed visitors since the days when George Washington's family and friends laid out a town around the warm medicinal springs that bubble to the surface. In southern West Virginia, the majestic Greenbrier resort in White Sulphur Springs has hosted Presidents and other distinguished guests since 1778. West Virginia has also long been a nearby winter getaway for snow- seekers from milder climates. Since the Canaan Valley was discovered by air in the 1960s, West Virginia has become a skiing destination for downhillers and cross-country skiers. In addition to Canaan Valley, Snowshoe, Winterplace, Alpine Lake, Timberline, and Elk River offer skiing, tubing, snowboarding and sledding within easy driving distance of major metropolitan areas from Pittsburgh to Atlanta. Should a visitor come to West Virginia in June, he or she would be treated to beautiful misty views of tree-covered mountains stretching into the distance. In the foreground, wildflowers would be blooming in sunlit meadows and along roads that curve along steep hillsides or cross deep-flowing rivers and streams tumbling over massive boulders. In the shadowed hollows, dense stands of rhododendron, the State flower, would be coming into bloom. Later in the year, the hills come alive with vibrant color as the State tree, the sugar maple, bursts into flaming red, blazing against the deep russet of oaks, the bright yellow of tulip poplars, and the rich, deep green of spruce and pine. In the winter, nature's palette becomes more stark, as leafless trees etch sharp designs against crisp white snow. The West Virginia State bird, the northern cardinal, offers a bright spot of crimson on the otherwise monochromatic scenery. But every evening--winter, summer, spring or fall--the night sky will come alive with more stars than it is possible to count, as God sprinkles his blessings on West Virginia.

Mr. BYRD

Mr. BYRD. Mr. President, anyone who has opened a newspaper or turned on a radio in West Virginia recently is aware of the ongoing discussion about the future of the coal and manufacturing industries. There is no doubt that the West Virginia coal industry and many West Virginia workers have been dealt a difficult hand over the past ten years, and are indeed facing some uncertainty about their futures. Such uncertainty is a pressing public concern for our State--and for many other States--and Senator Murkowski has sought to propose a resolution that she evidently feels would respond to those concerns. However, we need to do something other than hold a political vote on the Murkowski resolution, which has zero prospect of enactment, and which would not alleviate uncertainty about the future even if it did pass the Senate. The Murkowski resolution would only foster confusion. I believe that the best and most practical course of action is for the Senate to pass a bill that provides certainty and real answers for West Virginians and all Americans--a bill that will be passed by the Congress and signed by the President before new requirements that would broadly affect our economy are imposed by regulation. I understand that the Senate Democratic leadership is willing to move forward on a bill that pre-empts EPA action, and can win 60 votes in the Senate, be approved by the House, and be signed by the President into law. Senator Rockefeller recently proposed legislation to provide a temporary pre-emption of EPA. I know that I am joined by many others in West Virginia in my belief that the Senate find a way to accomplish that objective--an objective that I know Senator Rockefeller and I both share. I have recently secured commitments from my fellow Senators to provide on the order of $2 billion for each major power plant that installs clean coal technology during the coming decades--with additional funding available to larger projects. I am also negotiating a commitment to provide the West Virginia region with billions more annually to strengthen new and existing regional businesses, to complete the construction of better highways, and to provide other critical investments to ensure that the next generation of West Virginians will have a bright future at home in the Mountain State. President Obama has also assured me of his ongoing support for these priorities of mine. The way to ensure that we make these transformative new investments in the future of West Virginia, and in the Appalachian coal industry, is for Congress to do the difficult work of enacting the necessary policies. The Murkowski resolution does not accomplish that objective, and it may even undercut our ability to achieve it. The resolution is an open-ended denunciation of many leading scientific studies and regulatory initiatives. Were it to be enacted, the resolution could actually hamper important Federal initiatives--including rules that will assist in the deployment of clean coal technologies like carbon capture and storage. I also note that the Murkowski resolution is being considered by the Senate via an unusual legislative process that constrains debate and prohibits Senators from offering amendments. As I have said before, to deny the mounting science of climate change is to stick our heads in the sand and say ``deal me out'' of the future. But we have also allowed ourselves to ignore other realities. It is a simple fact that the costs of producing and consuming Central Appalachian coal continue to rise rapidly. Older coal-fired powerplants are being closed down, and they appear unlikely to be replaced by new coal plants unless we very soon adopt several major changes in federal energy policy. In 2009, American power companies generated less of their electricity from coal than they have at any other time in recent memory. In the last month alone, two major power companies have reportedly announced that they will idle or permanently close over a dozen coal-fired powerplant units that have consumed millions of tons of West Virginia coal in recent years. Moreover, an even larger portion of America's aging fleet of coal-fired powerplants could be at risk of being permanently closed in the coming years--and the ability to sell coal in those markets could be lost for an indefinite period, if there is no new Federal energy policy to support the construction of new coal plants. Some companies may feel that it is helpful for Congress to go on denouncing a new energy policy that makes it once more attractive to build new coal plants. But those companies are taking this opportunity to invest in natural gas, or other types of investments. They are not thinking about fighting for the longer term future of coal jobs and other jobs in West Virginia. I am. In the meantime, what happens to the miners, other workers, local governments, and many West Virginia citizens during the course of further delay on a new energy bill? They continue to be laid off, and to struggle with insufficient revenue, and to remain frustrated about their uncertain future. So, there is a long list of compelling reasons to oppose this resolution, and a rather short list of reasons to support it. For the sake of West Virginia's best interests, and the vital longer-term interests of our Nation and our world, the Senate must now move promptly to take responsible, decisive, and effective action on a moderate but major new energy policy.

Mr. BYRD

Mr. BYRD. Madam President, there are those in the Congress who like to just talk about the need to secure our borders. I have actually done something about securing the borders. In 2005, I authored an amendment with broad, bipartisan support, which initiated a comprehensive effort to secure our borders. Since I became chairman of the Senate Appropriations Homeland Security Subcommittee in 2007, I have continued that effort. As a result, there are more Border Patrol agents, more technology, more border infrastructure, more detention capacity, and more investigative capacity dedicated to securing our borders than ever before. This investment has produced results. The numbers of aliens being deported, especially aliens convicted of crimes, has grown significantly. The era of catch and release has ended. The recession and increased enforcement has resulted in a significant reduction in the number of illegal aliens coming into this country. Violence on the United States side of the border is down. There is more to be accomplished, particularly as drug violence in Mexico grows, but as a result of investments made over the last 5 years, the Department of Homeland Security has received significant assets to address this problem. Deportations have greatly increased from 211,098 in 2003 to between 230,000 and 390,000 annually for the past 3 years. Homeland Security is on track to remove 400,000 aliens this year, including 150,000 convicted criminal aliens. The Department of Homeland Security, DHS, has more ``boots on the ground'' at the border than ever before. Today, the Border Patrol is better staffed than at any time in its 85-year history, having nearly doubled the number of agents from approximately 10,000 in 2004 to more than 20,000 today. In 2006, DHS opened the first Border Enforcement Security Task Force, BEST, in Laredo, TX. BESTs are law enforcement task forces that combine Federal, State, local, and international personnel to tackle border crime. The BEST model has proven extremely effective not only at interdicting illegal activity but also at building criminal cases that lead to high-value prosecutions. There currently are 17 BESTs, including 3 in Arizona, 1 in Mexico City, and the President's fiscal year 2011 budget requests funds to open 3 more. Over the past year, DHS doubled the number of agents working on the BESTs in the southwest border region. Immigration and Customs Enforcement, ICE, Office of Investigations criminal arrests have increased from 14,077 in fiscal year 2002 to 32,512 in fiscal year 2009. Customs and Border Protection Office of Field Operations criminal arrests--those apprehended at the ports of entry--have increased from 15,820 in fiscal year 2002 to 38,964 in fiscal year 2009. This year, DHS will finish constructing nearly all of the 652 miles of border fencing along the southwest border the Border Patrol has determined is required. As of March 2010, all 298.5 miles of vehicle fencing have been completed, and only 5.7 miles of pedestrian fencing remain to be constructed. This comes on top of $260 million the American Recovery and Reinvestment Act provided for border security technology and improved tactical communications equipment. According to the Border Patrol, the number of miles of the southwest border under effective control by the Border Patrol has increased from 241 miles in October 2005 to 742 in October 2009. DHS Secretary Napolitano announced last month that DHS is redeploying $50 million of Recovery Act funding originally allocated for SBInet to other tested, commercially available security technology along the southwest Border, including mobile surveillance, thermal imaging devices, ultralight detection, backscatter units, mobile radios, cameras and laptops for pursuit vehicles, and remote video surveillance system enhancements. The level of detention beds for illegal aliens funded by Congress has steadily increased over the past 5 years from only 18,500 beds in fiscal year 2005 to 33,400 beds today. Since fiscal year 2009, Congress has mandated that ICE maintain 33,400 detention beds. And the average length of stay has dropped from 40.4 days in fiscal year 2004 to 31.2 days in fiscal year 2009. The number of illegal aliens detained has increased from 256,842 in fiscal year 2006 to 383,524 in fiscal year 2009. The total number of illegal aliens removed has nearly doubled since fiscal year 2003 from 211,098 to 405,662 in fiscal year 2009. The number of fugitive operations teams has been increased to 104 this fiscal year from 51 in fiscal year 2007. On April 30, 2010, ICE announced it had apprehended 596 criminal aliens in a targeted operation in the southeastern United States. On April 15, 2010, ICE arrested 47 individuals charged with operating shuttle bus services in southern Arizona which brought aliens who had recently entered the country illegally from border towns to Phoenix for further transport to the interior of the United States. Since March 2009, Customs and Border Protection--CBP--and ICE have seized $85.7 million in illicit cash along the southwest border, an increase of 14 percent over the same period during the previous year. This includes more than $29.7 million in illicit cash seized heading southbound into Mexico--a 39-percent increase over the same period during the previous year. During the same period, CPB and ICE together seized 1,425 illegal firearms, which represents a 29 percent rise over the same period in the previous year. At the same time, CBP and ICE seized 1.65 million kilograms of drugs along the southwest border, an overall increase of 15 percent. The Department of Homeland Security estimates that in Arizona, the number of illegal immigrants in that State declined to 460,000 last year from a high of 550,000 and continues to drop. Contrary to popular perception, suggestions of spillover violence from Mexico have been exaggerated. While violence and drug trafficking organization-related murders are up in Juarez, Mexico, El Paso, TX-- directly across the border--was ranked the second safest major city in the United States by CQ Press in November 2009. The assistant police chief of Nogales, AZ, recently stated, ``We have not, thank God, witnessed any spillover violence from Mexico. You can look at the crime stats. I think Nogales, Arizona, is one of the safest places to live in all of America.'' FBI Uniform Crime Reports and statistics provided by police agencies show that the crime rates in Nogales, Douglas, Yuma, and other Arizona border towns have remained essentially flat for the past decade. A May 2, 2010, article from www.azcentral.com actually was headlined ``Violence is not up on Arizona border despite Mexican drug war.'' The Border Patrol has reported that the March 2010 murder of Arizona rancher Robert Krentz is the only American murdered by a suspected illegal immigrant in at least a decade within the agency's Tucson sector, the busiest smuggling route among the Border Patrol's nine coverage regions along the U.S.-Mexican border. There is still more to be accomplished. I am pleased that this week the President announced his intention to deploy up to 1,200 National Guardsmen on the southwest border. However, I oppose the amendments to add over $2 billion for border security, given that the amendments are offset with significant cuts in stimulus funding that will continue to create jobs in America. I will continue my efforts to further secure our borders.

Mr. BYRD

Mr. BYRD. Mr. President, I oppose the Crapo amendment because of the limitations that it would impose on Fannie Mae and Freddie Mac. These institutions have been very helpful to homeowners in West Virginia who are seeking home loan modifications. I do not believe this is the right time to be limiting the assistance that Fannie Mae and Freddie Mac can offer to struggling homeowners in paying for their mortgages and keeping their homes.

Mr. BYRD

Mr. BYRD. Mr. President, I recently declined to sign a letter that is circulating, in which certain Senators pledge not to place ``secret'' holds on legislation and nominations. The letter features a very broad promise by the signers to refrain from asking the leadership to delay Senate consideration of a matter, without a full public explanation of the request. When a small minority--often a minority of one--abuses senatorial courtesy and misuses anonymous holds to indefinitely delay action on matters, then I am as adamant as any of my colleagues in insisting that Senators should come to the Senate floor and make their objections known. When abuses of this courtesy have occurred, I have supported efforts by others, and proposed some of my own, to ignore holds after a certain period of time. I am ready to support such efforts again. But I also believe that there are situations when it is appropriate and even important for Senators to raise a private objection to the immediate consideration of a matter with the leadership and to request a reasonable amount of time to try to have concerns addressed. There are times when Senators put holds on nominations or bills not to delay action but to be notified before a matter is coming to the floor so that they can prepare amendments or more easily plan schedules. These are courtesies afforded to all Senators. In many cases, there is nothing nefarious or diabolical about reasonable requests for holds. Certainly, public disclosures are not necessary every time Senators want to slightly alter the Senate schedule for the coming week. Certainly, public disclosures are not necessary every time Senators request consultation or advanced notification on a matter coming to the floor. I appreciate that some Senators may be frustrated with what they believe are abuses of the Senate rules, but I also hope that Senators will endeavor to understand--before they suggest pledges or propose less than well-reasoned changes--that the rules, precedents, customs, practices, traditions, and courtesies of the Senate have been forged over hundreds of years and after much trial and experience. After all, the benefit of this experience is to preserve the institutional protection of all Senators and their efforts to fairly represent the people of their States. The Senate is not the House of Representatives and was never intended to function as such. The Senate's purpose is to carefully and critically examine, not to expedite. Unfortunately, when the Senate rules and customs are abused and Senators become frustrated, it can lead to ill-considered changes, and sometimes the pendulum can swing too far. Let us try to keep the institutional purpose of the Senate uppermost in mind. The Nation certainly requires the extended debate and deliberation that those time-honored rules, precedents, and customs are designed to guarantee.

Mr. BYRD

Mr. BYRD. Mr. President, this Sunday, May 9, is Mothers Day in the United States. Many European nations have long observed ``Mothering Sundays,'' which are also part of the liturgical calendar in several Christian denominations. Catholics observe Laetare Sunday, the fourth Sunday in Lent, in honor of the Virgin Mary and the ``mother'' church. Some historians believe the tradition of sending flowers on Mothers Day grew out of the practice of allowing children who worked in large houses that day off to visit their families. The children would pick wildflowers to take to their mothers on their way home for the visit. The ancient Greeks celebrated the Vernal Equinox with a springtime festival devoted to Cybele, a mother of many Greek gods. The ancient Romans dedicated the March holiday Matronalia to Juno, mother of the gods, and gave gifts to mothers on that day. In the United States, the origins of Mothers Day are rooted deep in the West Virginia hills. Anna Jarvis, the daughter of Ann Maria Reeves Jarvis, was born in Webster, WV, on May 1, 1864. Her family moved to Grafton during her childhood. On May 12, 1907, 2 years after her mother's death, Anna Jarvis held a memorial service to honor her mother's memory. From that small event began Anna Jarvis' eventually successful campaign to institute ``Mothers Day'' as a recognized U.S. holiday. Today, the International Mother's Day Shrine, located in Grafton, continues to commemorate Anna Jarvis' accomplishment. Yet there are mothers who will not receive cards or flowers, or enjoy a Mothers Day brunch with their husbands and children. In Montcoal, WV, there are 29 families who are grieving the loss of sons, husbands, brothers, and friends. The Nation grieves with them, but that is little comfort for those mothers who will wake on the second Sunday in May to quiet houses and silent phones. Mothers Day holds little comfort for the wives and mothers who must now get on with raising children and paying bills alone following this tragic event. Mothers Day is a lonely day as well for the ``Gold Star'' mothers, wives and families of soldiers lost to battle in Iraq and Afghanistan. First used in World War I, service flags--a blue star on a white background, surrounded by a red border--are hung to signify that the family has a loved one overseas in harm's way. Should the awful news arrive that their loved one had lost his or her life, a gold star replaces the blue star, signaling the supreme sacrifice that has been made. Miners' mothers and soldiers' mothers, as well as the mothers of anyone facing dangerous working conditions on a daily basis, know well the constant stress and tension of having a dearly loved child in harm's way. Every day is a long, silent, chanting prayer: ``Please, God, keep my child safe and bring him home to me.'' Tragedy reminds us just how much mothers care, and how much their children mean to them. This Mothers Day, we once again have an opportunity to thank our mothers for that loving care, and to thank all mothers for the great generosity of spirit that marks a caring mother.

Mr. BYRD

Mr. BYRD. Mr. President, I oppose the Shelby amendment. In our zeal to protect consumers from egregious banking and lending practices, I fear the Senate is paying too little attention to basic constitutional tenets. The Shelby amendment proposes to create a division for consumer financial protection within the Federal Deposit Insurance Corporation, FDIC, to exempt that new entity from the congressional appropriations process. The underlying substitute amendment proposes a similar model-- a new Bureau of Consumer Financial Protections within the Federal Reserve System, which would also be exempt from the congressional appropriations process. This is in addition to several exemptions proposed in the underlying substitute amendment--exemptions for the Securities and Exchange Commission, and for new funds for the Securities and Exchange Commission and exemptions for the Commodities and Futures Trading Commission fund to reward whistleblowers. I understand the desire by some to create a new consumer agency, and to elevate its status to that of a banking regulator but, these proposals--the Shelby amendment, and the underlying Democratic substitute--are alarming in the aggregate spending latitude they are recommending for one agency. The usual procedure of executive review by the White House budget office, and public discussion of the President's budget submission through hearings, testimony, questions, debate and amendment--would not apply to the new consumer agency under both the Republican and Democratic proposals. I support stronger consumer protections in the financial services industry, but I do not believe that the elected representatives of the people have to forfeit their constitutional oversight responsibilities in order to make that happen. We need to remember that the financial regulators have their directors appointed by presidents, and that the Congress needs to be able to exercise oversight. If enforcement is inadequate, or abusive, the people's most potent weapon to effect change is the congressional power of the purse. In the bill passed by the House of Representatives last year, the House proposed to create a new consumer protection agency, and to subject its funding--at least in part--to the annual appropriations process. That model is a better way of helping consumers than exempting the budget of the consumer protection agency from congressional review.

Mr. BYRD

Mr. BYRD. Mr. President, I support the Health Care and Education Reconciliation Act. America has 47 million people without health insurance, including more than 240,000 West Virginians, and the number grows every week. More than half of West Virginia's uninsured are between the ages of 19 and 49. Health care consumes more than 15 percent of our national gross domestic product. Health care reform should matter to every West Virginian. When the health care debate began last year, I urged the Senate to forgo using the budget reconciliation process to shield a comprehensive reform bill from debate and amendment. I am pleased that the Senate heeded that call, and opted to consider the Patient Protection and Affordable Care Act under the cloture rule and the regular procedures. When amendments to that measure were proposed by the President, to be enacted through the budget reconciliation process, I insisted that those amendments be considered in a manner consistent with the Congressional Budget Act and section 313 of that act, the Byrd rule. The reconciliation bill must not address extraneous matter, and it must--absolutely must--reduce the deficit. This measure meets that test. I applaud the Senate for bringing the health care debate to a close in a manner that is balanced, fair, and equitable. The rights of the minority have been protected, and the Senate has upheld its historical role as a forum for debate and amendment. While this bill as passed may not satisfy the individual concerns of each and every constituent or member of Congress, it does begin to satisfy the growing needs of millions of Americans who find themselves without access to the medical services and attention they need. Access to proper health care for every American citizen should not only be held as a necessity, it should be considered the commensurate right of any and every citizen of the mightiest and most advanced Nation the world has ever known. Mr. President, in order to clarify for the record, I want to make it known that section 1556 of the Patient Protection and Affordable Care Act is intended to apply to all claims filed after January 1, 2005, that are pending on or after the date of enactment of that act. It is clear that the section will apply to all claims that will be filed henceforth, including many claims filed by miners whose prior claims were denied, or by widows who never filed for benefits following the death of a husband. But section 1556 will also benefit all of the claimants who have recently filed a claim, and are awaiting or appealing a decision or order, or who are in the midst of trying to determine whether to seek a modification of a recent order. Section 1556 applies immediately to all pending claims, including claims that were finally awarded or denied prior to the date of enactment of the Patient Protection and Affordable Care Act, for which the claimant seeks to modify a denial, or for which other actions are taken in order to modify an award or denial, in accordance with 20 CFR 725.309(c) or 725.310. Section 1556 applies even if a final order is modified, or actions are taken to bring about the modification of an order, subsequent to the date of enactment of the Patient Protection and Affordable Care Act, in accordance with the sections of Part 725 that I mentioned. I look forward to working to ensure that claimants get a fair shake as they try to gain access to these benefits that have been so hard won.

Mr. BYRD

Mr. BYRD. Mr. President, ``From winter, plague and pestilence, good Lord, deliver us!'' wrote Thomas Nashe in 1600, in ``Summer's Last Will and Testament,'' to which I add a hearty, ``Amen!'' At last, this Saturday, March 20, spring arrives, both by calendar and weather, and we are all happier for it. Blue skies, warming breezes, and the faint blush of buds upon the trees--this year, especially, spring is a sight for sore eyes too long blinded by the glare of Sun upon sparkling snow. The cheerful chorus of springtime frogs is welcome music after the almost silent whisper of falling snowflakes. This year in particular, spring seemed a long time coming. Rarely have we seen so much snow in West Virginia--storm after storm, flurry upon flurry, until roofs groaned under the weight and plows could find nowhere to push the drifts. Even children home from school day after day edged slowly from delight to cabin fever. And just when it seems we could not stand one more session with the snow shovel, we must now fear the flooding snowmelt, the menacing legacy of this epic winter. In time to prevent our moods from miring, like our yards, in the mud, come the first bright petals of crocus and daffodil to give us hope. Their petals glow among the wet leaves and drab grasses of winter. The American poet, Amy Lowell, knew how daffodils could revive one's flagging spirits: Thou yellow trumpeter of laggard Spring! Thou herald of rich Summer's myriad flowers! The climbing sun with new recovered powers Does warm thee into being, through the ring Of rich, brown earth he woos thee, makes thee fling Thy green shoots up, inheriting the dowers Of bending sky and sudden, sweeping showers, Till ripe and blossoming thou are a thing To make all nature glad, thou art so gay; To fill the lonely with a joy untold; Nodding at every gust of wind to-day, To-morrow jeweled with raindrops. Always bold To stand erect, full in the dazzling play Of April's sun, for thou hast caught his gold. As we all slowly unfurl from our winter burden of coats, scarves, hats, and boots, shedding them like the dark mulch of winter's leaves, we, too, rejoice in the colors of springtime. Our petals may only be cheerful t-shirts or bright windbreakers, but what a welcome change from fleece and wool. Warm weather will bring out walkers and gardeners and allow children to play in yards and parks, doing more to improve our outlooks, health, and waistlines than all the fitness reality shows we watch on television during the cold, dark months of winter. I hope that many Americans will revive their flagging New Year's resolutions and take advantage of spring's surge of energy to spend more time outdoors. I hope that my fellow Senators will note the beauty of the blossoms and the greening of the city as they hurry between hearings and the Senate floor. There is much work that we need to do, to be sure, but a short moment spent in spring sunshine can only warm our hearts, put a smile on our faces, and expand our thinking. Mr. President, as America celebrates the vernal equinox and return of spring to our winter-weary Nation, let us simply take a moment to heed the words of the ironically named poet, Robert Frost, in his poem, ``A Prayer in Spring'': Oh, give us pleasure in the flowers to-day; And give us not to think so far away As the uncertain harvest; keep us here All simply in the springing of the year.

Mr. BYRD

Mr. BYRD. Mr. President, I have often talked about the importance of the many professional staff members and various support services that allow for the proper functioning of this great institution, the U.S. Senate. These individuals and offices are rarely mentioned in newspapers or history books, but they work many long hours with great energy, exceptional skill, and admirable adherence to high quality work. As a result, the contribution of such dedicated public servants greatly assists the work we do as Senators; they make our work more pleasant and productive than otherwise would be possible. An example of the sense of pride and loyalty that Senate employees bring to their daily responsibilities is the career of Mrs. Sandra Mason, who prior to her retirement was the Director of Protocol and Foreign Travel for the Senate Committee on Foreign Relations. Mrs. Sandra Mason, who was known to her many friends in the Senate as ``Sandy'' served on the staff of that committee from 1979 through 2008, when she completed her Federal employment. As one can easily imagine, this is a position of considerable responsibility, which in no small part determines the successful hosting of high-level foreign dignitaries visiting the Senate, as well as the efficient operation of official Senate delegations traveling abroad. I remember that when I traveled on Senate business accompanied by my dear wife Erma, Sandy Mason's hard work and expert aplomb made all the difference for a memorable and very positive undertaking. During her entire extraordinary career, which commenced with employment with Senator Hubert H. Humphrey in 1971, Sandy earned the love, respect, and praise of all those who worked with her and came to know her. Sandy passed away on Monday, March 8, 2010. She will be greatly missed but certainly not forgotten. I extend warm personal condolences to her husband Ronald, her son Aaron, and all of her beloved family, and offer my sincere wishes that she, and they, receive the Blessings of our Creator. Let fate do her worst, there are relics of joy, Bright dreams of the past that she cannot destroy, That come in the night-time of sorrow and care, And bring back the features that joy used to wear. Long, long be my heart with such memories filled, Like the vase in which roses have once been distilled, You may break, you may shatter the vase if you will, But the scent of the roses will hang round it still. Scent of the Roses --by Thomas Moore

Mr. BYRD

Mr. BYRD. Madam President, this week, March 1 through March 7, is National Peace Corps Week. It marks the 49th anniversary of this unique and important government agency. When proposing the creation of the Peace Corps to Congress, President John F. Kennedy declared that, ``Our own freedom, and the future of freedom around the world, depends, in a very real sense, on the ability to build growing and independent nations where men can live in dignity, liberated from the bonds of hunger, ignorance, and poverty.'' For 49 years, nearly 200,000 dedicated Americans have served in 139 countries around the world helping developing nations with health and sanitation projects, assisting them in increasing their agricultural production, and educating their young. In pursuit of the Peace Corps goal of helping people help themselves, Peace Corps volunteers have served as school teachers, economic development advisers, agricultural and environmental specialists, and in various capacities as skilled laborers. Today, Peace Corps volunteers are working in countries around the world in emerging and essential areas such as information technology and business development. In fulfilling the mission that President Kennedy established for it on March 1, 1961, the Peace Corps has become an enduring symbol of the American commitment to freedom through the encouragement of the social and economic progress of all nations. It is truly one of the most successful and influential programs in the history of our Nation. Madam President, I use this opportunity, the 49th anniversary of the Peace Corps, to congratulate and to thank everyone ever involved in this program that provides such an important service to our country, as well as other nations, and to our fellow man.

Mr. BYRD

Mr. BYRD. Mr. President, may we have order? We have a Senator speaking here. May we have order? I thank the Chair.

Mr. BYRD

Mr. BYRD. I thank the Chair. Thank you, Pat. I thank Senator Reid, my leader. I thank Senator McConnell, and I thank my colleague and dear friend, Senator Jay Rockefeller, and all Senators, everyone, for their good words and for this outstanding resolution. Today, Madam President, is much more than a commemoration of the length of service of one Senator. Today also celebrates the great people of the great and mighty State of West Virginia who have honored me by repeatedly placing their faith in me. Because of those wonderful people in West Virginia, this foster son of an impoverished coal miner from the great hills of southern West Virginia has had the opportunity to walk with Kings, to meet with Prime Ministers, and to debate with Presidents. I have had the privilege not only to witness, but also to participate in, the great panorama of history. From the apex of the Cold War to the collapse--the collapse--of the Soviet Union, from my opposition to the 1964 Civil Rights Act to my part in securing the funds for the building of the memorial to Martin Luther King, from my support for the war in Vietnam to my opposition to President George W. Bush's war with Iraq, I have served with so many fine Senators in the Congress, and I have loved every precious minute of it. I recall those days a long time ago when I walked 3 miles down a hollow in the snow in order to catch a bus to attend a two-room school in Mercer County in southern West Virginia. In Stotesbury, WV, after school, I went from house to house collecting scraps of food. I was the scrap boy, collecting scraps of food to feed the hogs of my coal miner dad, raised in a pen beside a railroad track to support the family budget. Little could I have ever imagined or dreamed while I was feeding those hogs or walking in the snow to catch a bus to school that one day under God's great mercy I would become the longest serving Member in the history--the great history--of the U.S. Congress. I am grateful, simply grateful to an Almighty God for having had an opportunity to serve my State of West Virginia and to serve our great Nation. My only regret is that my dear wife Erma is not here to enjoy this moment with me. But I know--yes, I do--that she is smiling down from heaven and reminding me not to get a big head. Again, I thank all Senators. I thank all West Virginians. May the great God Almighty continue to bless these United States of America, and may he keep her forever free. Madam President, I yield the floor. (Applause, Senators rising.)

Mr. BYRD

Mr. BYRD. Mr. President, it is a moral responsibility for a great nation to help provide for its citizens when they are in dire economic circumstances. There are more than 30,000 workers in West Virginia who have exhausted their regular unemployment benefits, and thousands of them have already received their final payment of emergency unemployment benefits. These workers and their families are relying on this unemployment extension bill to survive. Later this year, many more unemployed workers will be counting on the Congress to take action to extend provisions contained in the stimulus bill, in order to be able to purchase health insurance. Congress must not fail them. I am very pleased that the Senate has passed this unemployment extension measure, which provides a lifeline for families who are barely hanging on.

Mr. BYRD

Mr. BYRD. I suggest the absence of a quorum.

Mr. BYRD

Mr. BYRD. Mr. President, I am very pleased that the Senate will vote today to confirm West Virginia Circuit Court Judge Irene C. Berger for a seat on the U.S. District Court for the Southern District of West Virginia. I thank Chairman Leahy and Ranking Member Sessions for moving the nomination forward. Along with my colleague, Senator Jay Rockefeller, I was proud to recommend Judge Berger, for she is not only an outstanding jurist, she is also an exemplary person. A native of Berwind, in McDowell County, WV, Judge Berger has devoted her legal career to public service in West Virginia. As a young attorney, she provided legal services to those who were most needy. As a prosecutor, Judge Berger obtained many high-profile felony convictions. Judge Berger has served as a circuit judge for the Thirteenth Judicial Circuit of West Virginia for 15 years--1\1/2\ decades--and she has devoted countless hours of service to her community. Through her drive and determination, Judge Berger broke barrier after barrier. She was the first in her family to attend college. She was the first African-American woman to serve as a circuit judge in West Virginia. Embodying true mountaineer spirit and pride, Judge Berger's contributions to legal service and to education have been substantial. Sitting on the bench, she will continue her fine service to her community and to the great State of West Virginia. I want to be the first to congratulate Judge Berger, and I thank my colleagues for their support of this very fine lady. Mr. President, I yield the floor.

Mr. BYRD

Mr. BYRD. I thank the Chair. Mr. President, I am a student of history and a firm believer in applying the lessons of history to present planning and to future planning. There is no profit--none--in making the same mistakes over and over. There is no future--none--in building on a foundation of shifting sand. Our military planners and our Afghanistan policy analysts, as well as Members of this Senate, would do well to spend some time considering the history, the geography, and the cultures of Afghanistan. Throughout the long centuries, Afghanistan's geopolitical value has been its location along the great Silk Road that carried both trade goods and armies between Europe and Asia through the forbidding Hindu Kush mountains. Afghanistan has limited natural resources. Afghanistan has a climate and a geography that produces very little for export. So the fiercely--and I say fiercely--independent tribes that populate this harsh and barren land have long earned a living instead from the goods and the armies that travel across it. Tribesmen have used the dry rocky plains and the steep, bare, cavern- riddled mountains to great advantage--to extort both armies and traders for security and shelter or as a base from which to raid. In weary succession, rulers and nations have witnessed their dreams of conquest and their dreams of empire in Afghanistan dashed. From Alexander the Great in 326 BC, to Genghis Kahn in the 13th century, to the British in the 19th century, to the Russians in the 20th century, no invading army has ever conquered Afghanistan, earning it the sobriquet ``Graveyard of Empires,'' the graveyard of empires or, to say it another way, graveyard of foreigners. In one horrific example, in 1842, the British lost more than 16,000 troops and civilians in a single 110-mile retreat from Kabul to Jalalabad. History tells us--and we had better listen to history--that Afghanistan does not take kindly to foreign intervention. Yet--now, get this--here we are discussing a proposed counterinsurgency strategy that would vastly increase the U.S. presence in Afghanistan in the vain hope of spawning the establishment of a Western-style, modern democracy and economy in a land that in many areas and in many ways is still frozen in the time of Alexander the Great. As a junior United States Senator I traveled to Afghanistan in the 1960s--way back there in the 1960s. Yes, I went to Afghanistan in the 1960s and, let me say to you, it was an eye-opening experience. Men, human beings, were treated like beasts of burden, actually pulling carts like oxen. Yes, I saw it. Living conditions were primitive. Corruption was widespread. While life in Afghanistan's cities has changed somewhat in the intervening decades, many of the scenes that I see in the news still look very familiar to me. The fundamental changes that are wished for by some NATO and U.S. planners, particularly in the least developed rural areas where the tribal theocratic Taliban rule is most entrenched, would certainly be a long shot--and I mean that, a long shot--and likely will be a long shot and quite unwelcome. What is really at stake for the United States in Afghanistan? We all know that Afghanistan is not a threat to us militarily. The Taliban is not a threat to us militarily. Al-Qaida, however, is a demonstrated threat to us, with ambitions and a philosophy that must--must--keep us vigilant. But the link between al-Qaida and Afghanistan is a tenuous link, one based only on the temporary expediency of location, an expediency that has already been replaced as the al-Qaida leadership has moved and may move again. Building a western style Democratic state in an Afghanistan that is equipped with a large military and police force and a functioning economy based on something other than opium poppies may or may not deny al-Qaida a safe haven there again. It will, however, guarantee that the United States--that is us--must invest large numbers--not just a few, large numbers--of troops and many billions of dollars in Afghanistan for many--not just a few, many-- years to come, energy and funds that might otherwise go toward fueling--in other words building and strengthening--our own economic recovery, better educating our children or expanding access to health care for more of our own people, and yet there are many here in this body, many here in the Senate who believe that we should proceed with such a folly in Afghanistan. I am not one of them. But there are many, I say, here in the Senate, who believe that we should proceed with such a folly in Afghanistan. During a time of record deficits, some actually continue to suggest that the United States should sink hundreds of billions of borrowed dollars into Afghanistan, effectively turning our backs on our own substantial domestic needs, all the while deferring the costs and deferring the problems for future generations to address. Our national security interests lie in defeating--no, I go further, in destroying al-Qaida. Until we take that and only that mission seriously, we risk adding the United States to the long, long list of nations whose best laid plans have died on the cold, barren, rocky slopes of that far off country, Afghanistan. I yield the floor. I suggest the absence of a quorum.

Mr. BYRD

Mr. BYRD. Mr. President, while it is important that health professionals in my State of West Virginia receive the compensation they deserve, I will, however, vote against this measure. We are on the eve of one of the most historic debates surrounding health care since the inception of Medicare in 1965. To follow the many weeks of laborious debate and amendments in the Finance and Health, Education, Labor, and Pensions Committees, with this legislation is unwise. It sends the wrong signal. The health committees have not reviewed it. It addresses only a single problem, to the benefit of one group of health care providers, completely outside the context of broader reform. I believe piecemeal action on health care reform could be its undoing. In the coming weeks, I look forward to voting on the motion to proceed to a comprehensive health care reform bill. Reforming our health care system for the betterment of all of our citizens is necessary and vitally important. But we need to make certain there is a national consensus behind any health care bill. In order to pass a meaningful measure that will provide essential health care coverage for those in dire need, the Senate must be entirely forthright in both debate and intention. Mr. President, $247 billion is not an insignificant amount of money, and the Senate should be up front about the true costs of health care reform.

Mr. BYRD

Mr. BYRD. Mr. President, I ask unanimous consent that Arex Avanni, a detailee to the Committee on Appropriations, be given full privileges during debate on H.R. 2892 today.

Mr. BYRD

Mr. BYRD. Mr. President, I ask unanimous consent that the Committee on the Judiciary, Subcommittee on Administrative Oversight and the Courts, be authorized to meet during the session of the Senate, on October 20, 2009, at 10 a.m. in room SD-226 of the Dirksen Senate Office Building, to conduct a hearing entitled ``Medical Debt: Can Bankruptcy Reform Facilitate a Fresh Start?'' The witness list is attached.

Mr. BYRD. Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on October 20, 2009, at 2:30 p.m.

Mr. BYRD. Mr. President, I ask unanimous consent that the Committee on Small Business and Entrepreneurship be authorized to meet during the session of the Senate on October 20, 2009, at 10:30 a.m. to conduct a hearing entitled ``Reform Done Right: Sensible Health Care Solutions for America's Small Businesses.''

Mr. BYRD. Mr. President, I ask unanimous consent that the Committee on Homeland Security and Governmental Affairs be authorized to meet during the session of the Senate on Tuesday, October 20, 2009, at 2:30 p.m.