Thad Cochran

Mr. COCHRAN

Mr. COCHRAN. Mr. President, I was deeply saddened by the recent announcement of the distinguished Senator from Florida, Mel Martinez, that he had decided to resign from the Senate. Although he had served in the Senate for a relatively short period of time--since January 4, 2005--he had become a very important influence in this body. As the first Cuban American to serve in the Senate, he shared with us his personal experiences and insights into his early life in Cuba, including his separation from his parents at a young age as he traveled to Florida to embark upon a very successful new life of learning and leadership in the United States. He earned undergraduate and law degrees from Florida State University. He served as a member of the Orlando Utilities Commission and was elected Mayor of Orange County. President George W. Bush selected him to serve as a member of his Cabinet, as Secretary of Housing and Urban Development. He was elected a United States Senator in 2004 and quickly established himself as an effective advocate for his State in the Senate. Mel Martinez quickly became an active and influential member of the Armed Services Committee as well as the Banking, Housing and Urban Affairs Committee, and the Commerce, Science and Transportation Committee. His constituents benefitted in particular from his service as ranking member of the Senate's Special Committee on Aging. Mr. President I congratulate my friend from Florida on his very successful service and important contributions through his dedicated public service in Florida and in our Nation's Capital. I have enjoyed serving with him, and I wish him all the best in the years ahead.

Mr. COCHRAN

Mr. COCHRAN. Madam President, I wish to join Senator Murray and Senator Bond, the respective chairman and ranking member of the Transportation, HUD Appropriations Subcommittee, in a colloquy concerning the user fee funded pipeline safety programs overseen by the Pipeline and Hazardous Materials Safety Administration.

Mr. COCHRAN. That is correct, and in order to better assess the current program priorities at PHMSA and to determine how these user fees are being allocated across the regulated community, I believe PHMSA should provide to the Committees on Appropriations a report that discloses the percentage of program funds and State grants that are dedicated to each of the following sectors: liquid pipelines, natural gas transmission pipelines, liquefied natural gas pipelines, and natural gas distribution pipelines.

Mr. COCHRAN

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

Mr. COCHRAN. Mr. President, the Senate Appropriations Committee has reported all 12 appropriations bills for fiscal year 2010, and the Senate has considered and passed 4 of those bills. I expect passage of the Transportation, Housing and Urban Development bill we are now considering will be the fifth. I am pleased the full Senate has had the opportunity to consider and debate the policies and priorities embodied in these bills. All Senators have had the opportunity to question the managers and to offer amendments, if they wanted to do so. By next week, I expect the House and the Senate will be convening conference committees to complete action on the bills that have already passed the Senate. It is a fact, however, there are only 2 weeks remaining in this fiscal year. We will probably need to pass a short- term continuing resolution to keep the remainder of the government running beyond September 30. While we anticipate we will be able to pass such a resolution, I think it is important we complete action on the remaining appropriations bills as soon as possible. We have sent a letter, dated March 24, to the majority leader of the Senate--suggested by the distinguished Senator from Tennessee, Mr. Corker, back last March--and in that letter we requested the leadership ``allocate an appropriate amount of time for the Senate to consider, vote, and initiate the conference process on each of the 12 appropriations bills independently through a deliberative and transparent process. . . .'' That letter stated a goal of passing 8 of the 12 bills before the August recess. While the Senate did not meet that goal of passing eight bills prior to the recess, I think we did make good progress. I have to congratulate the distinguished chairman from Washington for helping lead the way and helping us achieve that progress. To a degree, we have been hampered by the lateness of the President's budget request and the necessity of waiting for the House to pass the appropriations bills first. But the House has now passed all of its bills, and we have a window of floor time available to consider the remaining bills in the Senate. I believe strongly all Members should have the opportunity to consider the bills and participate in this process and offer amendments, if they choose to do so. But with the end of the fiscal year approaching and floor time becoming a precious commodity, we should not have to spend large blocks of time in quorum calls waiting for Senators to offer amendments. At some point, the bills will have to be taken up and passed one way or another. In the past, this has meant packaging bills together into omnibus bills, and we know how well that is received. Not at all. And all but a few Members lose the opportunity to participate and contribute through the amendment process and debate and influence the outcome of conference reports. I have concerns about the budget proposed by the President, most of which is embodied in the congressional budget resolution that provides the framework for the appropriations process. I voted for several amendments to the budget resolution that would have reduced spending from the levels proposed by the President. I also voted against the resolution itself. I think the level of debt we have accumulated is alarming. The fact remains, however, that Congress has approved the President's budget. While an Omnibus appropriations bill would highlight the problems with the President's spending policies, I do not think that course of action would be helpful to the process. By considering the bills individually, though, all Senators will be given an opportunity to have meaningful input and participation in the process, and that is as it should be. So I look forward to continuing to work with the distinguished chairman, Mr. Inouye, our subcommittee chairs, and our two leaders, and all Senators to complete the appropriations process in an orderly and timely fashion that will reflect credit on the Senate.

Mr. COCHRAN

Mr. COCHRAN. Mr. President, I would like to take a moment to inform the Senate of the importance of the National Extension Association Family and Consumer Sciences, NEAFCS, and its network of associates on its 75th anniversary. This organization educates and recognizes Extension Service professionals who work to impact the quality of life for individuals, families, and communities. These educators provide practical, research-based education to help improve the quality of life for families and individuals. Providing adults and youth with the necessary skills and knowledge to help them achieve the best quality of life possible is paramount to creating healthy families and a healthy American economy. The Cooperative Extension System, part of the land grant university system, is a nationwide educational network funded cooperatively by the U.S. Department of Agriculture, State governments, and county governments. Extension system initiatives in nutrition, healthy lifestyles, early brain development, food safety, financial management, and building strong families enable citizens to gain knowledge and skills to lead full and productive lives. Cooperative Extension professionals and members of the National Extension Association of Family and Consumer Sciences have been offering educational workshops, seminars, publications, media outreach, and websites to help individuals and communities for 75 years. I commend the NEAFCS on their 75th anniversary as well as the local faculty and staff who provide education that is critical to the quality of life in many rural communities. I also urge the President of the United States to issue a proclamation to commend this organization on its 75th anniversary. The American people should become more familiar with these services and take advantage of the educational opportunities that Family and Consumer Sciences educators offer through the extension system.

Mr. COCHRAN

Mr. COCHRAN. Madam President, it is difficult to imagine or accept the fact that Ted Kennedy is no longer serving in the Senate. He was such a presence here, a big man with a big smile and a bigger heart. He was sympathetic to those in need and willing to do all he could to address their needs. He got results, improving and expanding Federal programs to make available education and nutrition benefits to more Americans than ever before. I first met the Senator from Massachusetts when he was running in his first campaign for the Senate in 1962. It was a happenstance meeting. I was an instructor at the Naval Officer's Candidate School in Newport, RI, and a friend had invited me up to Hyannis Port during the weekend. I ended up at Ted and Joan Kennedy's house. He was there working with his friends from Massachusetts on fund-raising activities. We exchanged greetings. He said: You are in law school? I said: Yes, I am. He said: It is hard as hell, isn't it? I said: It sure is. Well, that was about all the conversation we had that day and I had no idea, first of all, how his campaign would turn out and certainly the most remote thing in my mind would have been my being a Member of the Senate. But he and his wife Joan were spending the summer in Hyannis Port near the other Kennedy family members, so I was getting to see some of them as well as enjoying the New England weather; the ambiance in the summer was a real treat. But instead of politics, we talked about how hard law school was. I didn't think I would ever see him again. I had no reason to think I would, much less end up serving in the Senate with him and serving the day he took charge as chairman of the Judiciary Committee from my predecessor in the Senate, James O. Eastland. It was a day that attracted a lot of attention. The hearing room was absolutely full of people. As a matter of fact, the news media was all over the place. It was hard to get near the seats of the committee members. I remember when Alan Simpson and I were the two most junior Republicans, and as we were trying to get situated there at the end of the row of seats of committee members, one of the camera men bumped Al's head with his camera, and Al told him he should not do that again because he might have a hard time finding his camera--or some words to that effect. But what a day of excitement and interest. That is the kind of excitement Ted Kennedy brought not only to the Judiciary Committee and his leadership as a brand new chairman, but his entire career reflected that kind of exuberance. People responded and reacted to him in a very positive way in the Senate. We could make a long list of the things he did in terms of legislative accomplishments and political leadership in the Senate. But he was a good person. He was a thoughtful person and generous with his house. He invited all the members of the Judiciary Committee to come out for dinner at his house in Washington. What a nice, thoughtful thing to do, and what an exciting evening it turned out to be. Everyone enjoyed it enormously. Ted Kennedy became a very determined advocate for serious reforms, and he left an impressive record of legislative accomplishments and protecting and enlarging the civil rights of ordinary citizens. I came to respect Senator Kennedy and appreciate his friendship over the years we served together in the Senate. His personal qualities, his generosity, and his serious commitment to fairness and assistance for those who needed help from their government will long be remembered and appreciated. May he rest in peace.

Mr. COCHRAN

Mr. COCHRAN. Mr. President, I agree with my colleagues regarding the additional funding provided for NADC. Providing additional resources in this bill for ongoing research at NADC on emerging animal diseases will help protect animal and human health. Commodity Supplemental Food Program

Mr. COCHRAN

Mr. COCHRAN. 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.

Mr. COCHRAN

Mr. COCHRAN. 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.

Mr. COCHRAN

Mr. COCHRAN. 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. COCHRAN

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

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

Mr. COCHRAN

Mr. COCHRAN. Mr. President, I move to reconsider the vote.

Mr. COCHRAN

Mr. COCHRAN. 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.

Mr. COCHRAN

Mr. COCHRAN. I move to lay that motion on the table. The motion to lay on the table was agreed to.

Mr. COCHRAN

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

Mr. COCHRAN

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

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

Mr. COCHRAN. 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.

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

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

Mr. COCHRAN

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