Kent Conrad

Mr. CONRAD

Mr. CONRAD. While it is important to acknowledge that the KC-135 replacement flight path was turbulent at times, we rise to commend the Air Force for its plan to carry out the service's No. 1 recapitalization priority. The Air Force has presented a revamped KC-X plan after a rigorous review of previous acquisition strategy. The new plan belies the fact that the Air Force is committed to a fair, open, and transparent competition. On September 25 the draft Request for Proposal was released, restarting the process to ensure our men and women in uniform have an aerial refueling tanker that will continue our unmatched Global Reach anywhere on the planet. It goes without saying now is the time to produce a timely, cost-effective, war-winning system for the war fighter. The operations our nation is conducting today and will conduct for the foreseeable future and require our airmen, soldiers, sailors, and marines to operate in remote locations that need to be supplied and defended without delay.

Mr. CONRAD. Mr. President, we are concerned that the plan is only projected to purchase 15 tankers each year from the winning offeror. As you remember, the last contract was structured to purchase 19 tankers per year. It is imperative we find a way to increase the rate at which we purchase this new tanker especially given the time we have lost. If we stay on the current course, we will be relying on 80-year-old KC- 135s when the last new KC-X comes off the assembly line--an absolutely unprecedented age for operational aircraft, especially such a critical enabler that we rely on to ensure America's Global Reach. We must accelerate this purchase.

Mr. CONRAD

Mr. CONRAD. Mr. President, I rise to offer for the record, the Budget Committee's official scoring for the conference report to accompany H.R. 3183, the Energy and Water Development and Related Agencies Appropriations Act for fiscal year 2010. The conference report provides $33.5 billion in discretionary budget authority for fiscal year 2010, which will result in new outlays of $19.6 billion. When outlays from prior-year budget authority are taken into account, discretionary outlays for the conference report will total $43 billion. The conference report matches its section 302(b) allocation for budget authority and for outlays. The conference report includes several provisions that make changes in mandatory programs that result in an increase in direct spending in the 9 years following the 2010 budget year. Each of these provisions is subject to a point of order established by section 314 of S. Con. Res. 70, the 2009 budget resolution. The conference report is not subject to any other budget points of order. I ask unanimous consent that the table displaying the Budget Committee scoring of the conference report be printed in the Record.

Mr. CONRAD

Mr. CONRAD. Mr. President, I have come to the floor very briefly to talk about the Congressional Budget Office's score of the health care reform proposal that is before the Senate Finance Committee. I understand that earlier today there were members on the other side who were questioning whether the Finance Committee's proposal is paid for and whether it reduces the deficit and whether it bends the cost curve of health care in the right way. Let me say that the Congressional Budget Office has now issued their determination on all those issues. Their conclusions are very clear. The Congressional Budget Office has said--and I will put on the chart stand a page from their report. It shows very clearly, over the 10 years of the bill, from 2010 to 2019, that the deficit will be reduced by $81 billion if the Finance Committee proposal were to become law. With respect to the question that apparently has been raised by some, as to whether this bill is paid for, the Congressional Budget Office has answered clearly and unequivocally. They have said the bill is not only paid for over the 10 years, but it actually reduces the deficit by $81 billion. Second, on the longer term question of bending the cost curve and whether this proposal bends the cost curve in the right way, the Congressional Budget Office has also been clear and unequivocal. Here is what they said in their report of October 7, just yesterday: In subsequent years, beyond 2019, the collective effect of the Finance plan would probably be continued reductions in Federal budget deficits. . . . CBO expects that the proposal, if enacted, would reduce federal budget deficits over the ensuing decade relative to those projected under current law--with a total effect during that decade that is in the broad range of between one-quarter and one-half percent of gross domestic product. What does that mean? What CBO is saying is in the first 10 years, the Finance Committee plan would reduce the deficit by $81 billion. In the second decade, they are saying it would reduce the deficit by one- quarter to one-half percent of gross domestic product. Gross domestic product over that decade, the second decade, is estimated to be cumulatively $260 trillion. That would be the gross domestic product of the United States from 2020 on through the next 10 years. One-quarter percent of $260 trillion is $650 billion of deficit reduction in the second 10-year period. That would be one-quarter of 1 percent of GDP. One-half percent of GDP over that second 10-year period would be $1.3 trillion. Just to be clear, CBO has told us in their report of yesterday--and the Congressional Budget Office is the nonpartisan scorekeeper, the one we all look to for objective facts--that the Finance Committee proposal reduces the deficit by $81 billion over the next 10 years and in the second 10 years would reduce the deficit by one-quarter to one-half percent of gross domestic product. No one can be certain what the gross domestic product will be in the second 10 years. Current projections are that it will be $260 trillion. So one-quarter to one-half percent of that second decade would be a reduction in the deficit from what would otherwise occur of $650 billion to $1.3 trillion, bending the cost curve in the right way. I might add parenthetically, the Finance Committee plan is the only plan that has been produced that the Congressional Budget Office says reduces the deficit in the first 10 years and bends the cost curve in the right way, has further deficit reduction, in the second 10 years. I am a little disappointed when I hear some of my colleagues coming to the floor and suggesting that this really isn't paid for. We have a way of determining what scores are around here. We can all make up our own facts or we can rely on the Congressional Budget Office, which is the objective scorekeeper, nonpartisan. I have great respect for them even though I have had strenuous disagreements with them at times about how they score things. Indeed, I had strong disagreements with them on how they scored some of these proposals. But there has to be an arbitrator here, somebody we look to, someone with credibility, and the Congressional Budget Office does. For Members to come to the floor and suggest this isn't paid for flies in the face of the facts before us from the CBO. The Congressional Budget Office reported yesterday clearly and unequivocally that the Finance Committee plan is paid for; that it, in fact, reduces the deficit by $81 billion over the next 10 years; that it has further deficit reduction in the second decade of one-quarter to one-half percent of GDP. As I have said, in the second 10 years the forecast is that gross domestic product over that 10-year period will approach $260 trillion. One-quarter to one-half percent of that amount would be $650 billion to $1.3 trillion of additional deficit reduction in the second decade. Those are the unvarnished facts. I hope that during the debate, which will be tough enough, which will be contentious enough, we will not resort to trying to mislead people as to the objective facts before us. It has been said by a previous President that facts are stubborn things. Indeed, they are. One of the stubborn facts is, we are on a course that is utterly unsustainable with respect to health care. Today, we are spending $1 of every $6 in this economy on health care. Seventeen percent of the gross domestic product is going to health care. The CBO long-term budget outlook says that in the next period from 2010 to 2050, we will go to spending 38 percent of our gross domestic product on health care unless we do something. That would be more than $1 of every $3 in this economy going to health care; in fact, close to every $1 of every $2.50 going to health care. That is an unsustainable course. The question before this body and before the Congress and before this President will be, Do we act or do we stick with the status quo? I suggest sticking with the status quo is utterly indefensible. There is no way to suggest that sticking with the status quo is going to succeed for America's families, businesses, or the government itself. The hard reality is, Medicare and Medicaid spending as a percentage of GDP is going up dramatically during this forecast period. It has been happening. This chart shows clearly, between 1980 and 2009, the share of our gross domestic product going to Medicare and Medicaid has been rising inexorably. We know that trend will continue unless we do something about it. That means we have to act. That means we have to take responsible steps to rein in the skyrocketing cost of health care. That is critically important to families, businesses, and their competitive position, and it is absolutely essential to the Federal Government. The trustees of Medicare have told us clearly: Medicare is going to go broke in 8 years unless we act. The Medicare trust fund has already gone cash-negative. The Social Security trust fund has already gone cash-negative. The time and the need for action is about as clear as it can possibly be. I appreciate the opportunity to respond to what some colleagues suggested this morning. It is clear--the Congressional Budget Office has told us--that the Finance Committee proposal is not only paid for, it actually reduces the deficit both over the next 10 years and over the next decade after that 10-year period as well. That is a significant accomplishment by the Finance Committee chairman who laid down this mark. We will see where the votes lie on Tuesday. I yield the floor and suggest the absence of a quorum.

Mr. CONRAD

Mr. CONRAD. Mr. President, I rise to offer for the record, the Budget Committee's official scoring of H.R. 2997, the Agriculture, Rural Development, Food and Drug Administration and Related Agencies Appropriations Act for fiscal year 2010. The conference report provides $23.3 billion in discretionary budget authority for fiscal year 2010, which will result in new outlays of $17.7 billion. When outlays from prior-year budget authority are taken into account, nonemergency discretionary outlays for the bill will total $24.9 billion. The conference report matches its section 302(b) allocation for budget authority and is $120 million below its allocation for outlays. The bill is not subject to any budget points of order. I ask unanimous consent that the table displaying the Budget Committee scoring of the bill be printed in the Record.

Mr. CONRAD

Mr. CONRAD. Mr. President, I rise to submit to the Senate the third budget scorekeeping report for the 2010 budget resolution. The report, which covers fiscal year 2009, was prepared by the Congressional Budget Office pursuant to section 308(b) and in aid of Section 311 of the Congressional Budget Act of 1974, as amended. This is the final report for 2009. The report shows the effects of congressional action through September 30, 2009, and includes the effects of legislation since I filed my last report on August 4, 2009. The new legislation is Public Law 111-68, an act making appropriations for the legislative branch for the fiscal year ending September 30, 2010, and for other purposes. The estimates of budget authority, outlays, and revenues are consistent with the technical and economic assumptions of S. Con. Res. 13, the 2010 budget resolution. The estimates show that for fiscal year 2009 current level spending was $3 billion above the level provided for in the budget resolution for budget authority and $7.8 billion above it for outlays while current level revenues match the budget resolution level. I ask unanimous consent that the letter and accompanying tables from CBO be printed in the Record.

Mr. CONRAD

Mr. CONRAD. Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on October 8, 2009, at 9:30 a.m., to conduct a hearing entitled ``Future of the Mortgage Market and the Housing Enterprises.''

Mr. CONRAD. Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on October 8, 2009 at 10 a.m., in room SD-366 of the Dirksen Senate Office Building.

Mr. CONRAD. Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on October 8, 2009, at 2:30 p.m.

Mr. CONRAD. Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet during the session of the Senate on October 8, 2009, at 10 a.m. in SD-226 of the Dirksen Senate Office Building, to conduct an executive business meeting.

Mr. CONRAD. Mr. President, I ask unanimous consent that the Committee on Veterans' Affairs be authorized to meet during the session of the Senate on October 8, 2009, at 9:30 a.m. to conduct a hearing on VA/DOD Response to Certain Military Exposures. The Committee will meet in room 562 of the Dirksen Senate Office Building.

Mr. CONRAD. Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on October 8, 2009, at 2:30 p.m.

Mr. CONRAD. Mr. President, I ask unanimous consent that the Committee on the Judiciary, Subcommittee on Immigration, Refugees, and Border Security, be authorized to meet during the session of the Senate on October 8, 2009, at 3 p.m. in room SD-226 of the Dirksen Senate Office Building, to conduct a hearing entitled ``Comprehensive Immigration Reform: Faith-Based Perspectives.''

Mr. CONRAD. Mr. President, I ask unanimous consent that the Subcommittee on Public Lands and Forests be authorized to meet during the session of the Senate to conduct a hearing on October 8, 2009, at 2:30 p.m., in room SD-366 of the Dirksen Senate Office Building.

Mr. CONRAD

Mr. CONRAD. Mr. President, I rise to offer for the record, the Budget Committee's official scoring of H.R. 2847, the Departments of Commerce and Justice, and Science, and Related Agencies Appropriations Act for fiscal year 2010. The bill, as reported with an amendment by the Senate Committee on Appropriations, provides $64.9 billion in discretionary budget authority for fiscal year 2010, which will result in new outlays of $44.2 billion. When outlays from prior-year budget authority are taken into account, nonemergency discretionary outlays for the bill will total $71.2 billion. The bill includes $126 million in budget authority designated as being for overseas deployments and other activities for national security programs at the Department of Justice. Pursuant to section 401(c)(4) of S. Con. Res. 13, the 2010 budget resolution, an adjustment to the 2010 discretionary spending limits and the Appropriations Committee's 302(a) allocation has been made for this amount in budget authority and for the outlays flowing therefrom. The Senate-reported bill matches its Section 302(b) allocation for budget authority and for outlays. The bill is not subject to any budget points of order. I ask unanimous consent that the table displaying the Budget Committee scoring of the bill be printed in the Record.

Mr. CONRAD

Mr. CONRAD. Mr. President, I rise to offer for the record, the Budget Committee's official scoring of H.R. 3326, the Departments of Defense Appropriations Act for fiscal year 2010. The bill, as reported by the Senate Committee on Appropriations, provides $636.3 billion in discretionary budget authority for fiscal year 2010, which will result in new outlays of $401.7 billion. When outlays from prior-year budget authority are taken into account, discretionary outlays for the bill will total $646 billion. The Senate-reported bill is $1 million below its section 302(b) allocation for budget authority and is $28 million below its allocation for outlays. The bill includes $128.2 billion in budget authority designated as being for overseas deployments and other activities. Pursuant to section 401(c)(4) for the 2010 Budget Resolution, adjustments to the Appropriations Committee's section 302(a) allocation and to the 2010 discretionary spending limits were made for that amount and for the outlays flowing therefrom. No budget points of order lie against the committee-reported bill. I ask unanimous consent that the table displaying the Budget Committee scoring of the bill be printed in the Record.

Mr. CONRAD

Mr. CONRAD. Mr. President, I wish today as cochair of the Senate ICBM coalition along with my friend from Wyoming to recognize and pay tribute to 20th Air Force as the Air Force celebrates the 50th anniversary of the first nuclear-tipped ICBM on alert, and to honor the heritage and accomplishments of the ICBM mission and people--past and present--who acquire, develop, operate, maintain, and secure this combat capability for our Nation. In July 1954, the Air Force established the Western Development Division in response to the growing Soviet missile threat. It developed the first-generation ICBMs--the Titan that is housed in underground silos as well as the above-ground Atlas. In October 1959, the first alert of a nuclear warhead-equipped Atlas D occurred at Vandenberg Air Force Base, CA. Immediately thereafter, the Air Force started working on a solid-fueled, second-generation ICBM called the Minuteman. Ten Minuteman I ICBMs were already on alert at Malmstrom Air Force Base, MT, by the Cuban Missile Crisis in October 1962. Just three years later, the first-generation ICBMs were replaced with the larger and more accurate Minuteman II. By January 1970, the Air Force had deployed the Minuteman III. Throughout the 1970s, in response to the Soviet Union's buildup of multiwarhead ICBMs, the Air Force started work on the Peacekeeper. In 1987, 50 Peacekeepers were deployed in existing Minuteman III silos at F.E. Warren Air Force Base, WY. At the height of the Cold War, the Air Force maintained an ICBM fleet of more than 1,200 missiles on alert as a counterforce to the approximately 1,400 Soviet ICBMs poised against the United States. Currently, the Air Force maintains a fleet of 450 on-alert Minuteman III ICBMs, spanning the missile fields in Colorado, Montana, Nebraska, North Dakota, and Wyoming. In August 2009, the Air Force activated a new major command--Air Force Global Strike Command--committed solely to the nuclear deterrence mission. This December, 20th Air Force and the ICBM mission will transfer from Air Force Space Command to Air Force Global Strike Command. The pride shared today in the heritage and rich history of the ICBM mission will always be a part of Air Force Space Command's contribution to our national security. Mr. President, the American people are fortunate to have the dedicated Airmen of 20th Air Force operate, maintain, and secure America's only land-based strategic deterrent 24 hours a day, 7 days a week, 365 days a year. I know my colleagues will join me in congratulating the Air Force on 50 years of the highest commitment in carrying out the ICBM mission.

Mr. CONRAD

Mr. CONRAD. Mr. President, I wish to make a series of adjustments to the allocation of budget authority and outlays to the Senate Appropriations Committee and the section 401(b) Senate discretionary spending limits. I am making these adjustments for the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2010, and for the Department of Defense Appropriations Act, 2010. First, section 401(c)(2)(A) of the 2010 Budget Resolution permits the chairman to adjust the section 401(b) discretionary spending limits, allocations pursuant to section 302(a) of the Congressional Budget Act of 1974, and aggregates for legislation making appropriations for fiscal year 2010 that both appropriates $273 million and provides an additional appropriation of up to $485 million to the Social Security Administration for continuing disability reviews and Supplemental Security Income redeterminations. Second, section 401(c)(2)(C) of the 2010 Budget Resolution permits the chairman to adjust the section 401(b) discretionary spending limits, allocations pursuant to section 302(a) of the Congressional Budget Act of 1974, and aggregates for legislation making appropriations for fiscal year 2010 that appropriates up to $311 million to the Health Care Fraud and Abuse Control Program at the Department of Health and Human Services. Third, section 401(c)(2)(D) of the 2010 Budget Resolution permits the chairman to adjust the section 401(b) discretionary spending limits, allocations pursuant to section 302(a) of the Congressional Budget Act of 1974, and aggregates for legislation making appropriations for fiscal year 2010 that both appropriates $10 million and provides an additional appropriation of up to $50 million for in-person reemployment and eligibility assessments and unemployment insurance improper payment reviews. Fourth, section 401(c)(3) of S. Con. Res. 13, the 2010 Budget Resolution, permits the chairman of the Senate Budget Committee to adjust the section 401(b) discretionary spending limits, allocations pursuant to section 302(a) of the Congressional Budget Act of 1974, and aggregates for legislation making appropriations for fiscal year 2010 that appropriates $3.2 billion in funding for the Low-Income Home Energy Assistance Program and provides an additional appropriation of up to $1.9 billion for that program. On August 4, 2009, the Senate Appropriations Committee reported H.R. 3293, the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2010, with an amendment in the nature of a substitute. The reported bill contains $2.746 billion in funding that satisfies the conditions of sections 401(c)(2)(A), 401(c)(2(C), 401(c)(2)(D), and 401(c)(3). The Congressional Budget Office estimates that the $2.746 billion in budget authority will result in $2.197 billion in new outlays in 2010. As a result, I am revising both the discretionary spending limits and the allocation to the Senate Committee on Appropriations for discretionary budget authority and outlays by those amounts in 2010. Finally, section 401(c)(4) of S. Con. Res. 13, the 2010 Budget Resolution, permits the chairman of the Senate Budget Committee to adjust the section 401(b) discretionary spending limits, allocations pursuant to section 302(a) of the Congressional Budget Act of 1974, and aggregates for legislation making appropriations for fiscal years 2009 and 2010 for overseas deployments and other activities by the amounts provided in such legislation for those purposes and so designated pursuant to section 401(c)(4). The adjustment is limited to the total amount of budget authority specified in section 104(21) of S. Con. Res. 13. For 2009, that limitation is $90.745 billion, and for 2010, it is $130 billion. On September 10, 2009, the Senate Appropriations Committee reported H.R. 3326, the Department of Defense Appropriations Act, 2010, with an amendment in the nature of a substitute. The reported bill contains $128.221 billion in funding that has been designated for overseas deployments and other activities pursuant to section 401(c)(4). The Congressional Budget Office estimates that the $128.221 billion in budget authority will result in $66.653 billion in new outlays in 2010. As a result, I am revising both the discretionary spending limits and the allocation to the Senate Committee on Appropriations for discretionary budget authority and outlays by those amounts in 2010. When combined with previous adjustments made pursuant to section 401(c)(4), $128.6 billion has been designated so far for overseas deployments and other activities for 2010. When combining the effects of the adjustments made for both bills, I am revising today both the discretionary spending limits and the allocation to the Senate Committee on Appropriations by a total of $130,967 million for budget authority and $68,850 million for outlays. I ask unanimous consent that the following revisions to S. Con. Res. 13 be printed in the Record.

Mr. CONRAD

Mr. CONRAD. Mr. President, I rise to offer for the Record the Budget Committee's official scoring of H.R. 2996, the Department of the Interior, Environment, and Related Agencies Appropriations Act for fiscal year 2010. The bill, as reported by the Senate Committee on Appropriations, provides $32.1 billion in discretionary budget authority for fiscal year 2010, which will result in new outlays of $19.7 billion. When outlays from prior-year budget authority are taken into account, discretionary outlays for the bill will total $34.3 billion. The Senate-reported bill matches its section 302(b) allocation for budget authority and is $5 million below its allocation for outlays. No points of order lie against the committee-reported bill. I ask unanimous consent to have printed in the Record a table displaying the Budget Committee scoring of the bill.

Mr. CONRAD

Mr. CONRAD. Mr. President, I rise today to honor my colleague, Senator Mel Martinez, who recently resigned his Senate seat. Senator Martinez has represented the State of Florida in the Senate since his election in 2004. Mel Martinez's inspiring personal story is an example of how the American dream can be attained through hard work and determination. Born in Sagua La Grande, Cuba, Mel fled to the United States when he was 15 years old after the Castro government came to power in his homeland. Arriving in Florida with one suitcase and limited English language skills, Mel spent the next few years in youth facilities and with foster families until he was later reunited with his parents in Orlando. He went on to earn a law degree from Florida State University, and he practiced law in Orlando for over two decades. In 1998, Senator Martinez was elected chairman of Orange County. He went on to serve as the Secretary of Housing and Urban Development under President George W. Bush. Since 2004, Mel Martinez served the people of Florida in the U.S. Senate. Reforming our immigration system was an issue close to Senator Martinez's heart. Mel worked vigorously with colleagues on both sides of the aisle to try to advance a solution to one of the most difficult problems confronting our Nation. As the only immigrant in the Senate, Senator Martinez brought a unique perspective to the immigration debate. By striving for comprehensive immigration reform, he hoped to share the American dream. Senator Martinez was deeply concerned about advancing the cause of freedom in the most oppressive corners of the world. Mel experienced the loss of liberty that resulted from Castro's rise, and he often spoke out for those who lost their voices--not only for those in Cuba, but for those who suffered anywhere from tyranny and despotism. In the aftermath of Hurricane Katrina and drought in the Midwest, Senator Martinez and I worked together in an attempt to bring relief to America's farm and ranch families. Even though agricultural production in North Dakota and Florida is far from similar, we were able to unite to support legislation that would have provided much-needed disaster assistance to affected farmers and ranchers throughout the country. I thank Senator Martinez for his public service and wish him and his family the best in the future.

Mr. CONRAD

Mr. CONRAD. Madam President, I rise to offer for the record the Budget Committee's official scoring of H.R. 3288, the Departments of Transportation, Housing and Urban Development, and Related Agencies Appropriations Act for fiscal year 2010. The bill, as reported by the Senate Committee on Appropriations, provides $67.7 billion in discretionary budget authority for fiscal year 2010, which will result in new outlays of $51.8 billion. When outlays from prior-year budget authority are taken into account, discretionary outlays for the bill will total $134.5 billion. The Senate-reported bill matches its section 302(b) allocation for budget authority and is $8 million below its allocation for outlays. No budget points of order lie against the committee-reported bill. I ask unanimous consent that the table displaying the Budget Committee scoring of the bill be printed in the Record.

Mr. CONRAD

Mr. CONRAD. Mr. President, I rise today to remember our colleague, Senator Kennedy. There is a newspaper in the cloakroom that has Ted's picture, and it has a quote from Ted. It reads this way: Since I was a boy, I have known the joy of sailing the waters off of Cape Cod. And for all my years in public life, I have believed that America must sail toward the shores of liberty and justice for all. He went on to say: There is no end to that journey, only the next great voyage. I like to think that Ted is on that next great voyage now. What a man. I remember so well being elected in 1986 to the Senate and being sworn in in 1987. I held a reception in a little restaurant close by with friends and family from North Dakota. I will never forget it. It was packed. You couldn't move; so many people had come from North Dakota to be with me, family members from all over the country, and a cousin of mine came up to me, so excited, and he said to me: Senator Kennedy is here. I hadn't known he was coming. But that was so typical of Ted, reaching out to the most junior of us because he knew what his presence would mean. My family had been longtime supporters of the Kennedys, and it meant so much to my family for him to be there that day. That was so typical of him, taking time to do things he knew would mean a lot to others, even when it was inconvenient for him. The thing I remember and will remember most about Ted is his humanity: that smile, that twinkle in his eye, that kind of mischievous grin that would come over his face when he would be commenting on what was going on here, late at night sometimes--you know this place defies description. Yet he always maintained that sense of humor, that joy in life. He communicated it. He made all of us feel as if we were part of something important, something big. When somebody in this Senate family had a problem, had a challenge, had a medical issue, very often Ted was the first to call. I had someone in my family who had health issues, and somehow Ted found out and kind of sidled up to me one day on the floor and said: You know, I heard you have somebody who has a serious health issue. I suppose you already have doctors, but if you are looking for additional assistance or a second opinion and you want to find people who are experts in this area, I would be glad to help. That was Ted Kennedy, over and over reaching out to others, trying to help, trying to provide encouragement, trying to provide the lift. That was Ted. I remember so well about a decade ago when we were engaged in legislation on tobacco, we had a circumstance in which there was an important court decision and there had to be laws passed to deal with it. I was asked to lead a task force here in the Senate to try to bring together different sides to deal with that legislation. Of course, for a long time Ted Kennedy had been a leader on those issues, as was Senator Frank Lautenberg, and there were others as well. Ted far outstripped me in seniority. Yet I was asked to lead this task force. He came to me and said: Sign me up as a soldier in your effort. We had dozens of meetings, and Ted was always there, pitching in, helping to make a difference even when he was not the person leading the effort-- it was somebody much more junior. Of course, he had many other responsibilities, but over and over, coming up, stepping up, helping out. There was nothing small about Ted Kennedy. He had big plans, big ambitions, big hopes, and a big spirit. He was always reaching out to even the most junior of us, to help out, to connect, to be supportive, and to show how much he cared about what we were doing and to give us a sense of how we were fitting into making history. Ted also had a big view, a big view of the importance of the role of the Senate in making history and a sense of how critically important the decisions were that were being made in this Chamber. There was nothing small about Ted Kennedy. When he was engaged in negotiations--I will never forget him saying to me: Keep your eye on what is possible. Keep your eye on what is possible. You know, we might want to accomplish more, but take what you can get to advance the cause, to make progress, to improve the human condition, to make this a better place. That is what Ted Kennedy had in mind. I want to close. I see colleagues who are here wishing to speak as well. My favorite lines from a speech by Ted Kennedy are from the 1980 convention, when he closed with these words: For all those whose cares have been our concern, the work goes on, the cause endures, the hope still lives, and the dream shall never die. Ted, the dream will never die. You are always in our thoughts. I yield the floor.

Mr. CONRAD

Mr. CONRAD. Mr. President, the story of Sonia Sotomayor's life is a remarkable one. Born in humble circumstances, she has risen to the top of the legal field, and earned the opportunity to be considered for a place on America's highest court. As evidenced by her exceptional educational achievements, and her vast and varied legal resume as a prosecutor, private practice litigator and Federal judge, Sonia Sotomayor is unquestionably qualified from the standpoint of experience, competence, and intellect. In fact, having been appointed to the Federal bench in 1992 by President George H.W. Bush, she has more Federal judicial experience than any Supreme Court nominee in 100 years, and more overall judicial experience than any nominee in 70 years. Judge Sotomayor's record places her squarely within the mainstream of American jurisprudence. Even some of her harshest critics have conceded that her long record on the bench is one of mainstream decisions and judicial opinions. And Judge Sotomayor's record shows that she is not an activist and has not legislated from the bench. Instead, she has faithfully adhered to precedent. In fact, the nonpartisan Congressional Research Service, CRS, found that ``perhaps the most consistent characteristic of Judge Sotomayor's approach as an appellate judge has been an adherence to the doctrine of stare decisis (i.e., the upholding of past judicial precedents).'' Further, CRS found that Sotomayor has exhibited ``a careful application of particular facts at issue in a case and a dislike for situations in which the court might be seen as overstepping its judicial role.'' Finally, Judge Sotomayor has the temperament to serve on the Supreme Court. Her grueling nomination hearings demonstrated her patience, thoughtfulness and composure in the face of tough and aggressive questioning by almost 20 Senators over several days. Those same qualities of character were evident during our personal meeting. During our wide-ranging discussion, I also found Judge Sotomayor to be genuine, humble and open-minded. Although she grew up in an urban setting, I am confident that she can relate to people from more rural areas like North Dakota, because she understands everyday people and their struggles, she has common sense, and she is no stranger to hard work and the need to overcome obstacles. In short, I believe she learned the same values and the same lessons growing up in the Bronx that I learned growing up in Bismarck. Some Senators have announced their intention to vote against Judge Sotomayor, but their criticism has not been based on a comprehensive assessment of her 17-year record as a judge, or her 30 years in the legal profession. One source of opposition has been various comments she has made in speeches, particularly on the topics of race and gender. Judge Sotomayor herself has admitted that she could have phrased some of her comments in these areas more effectively or appropriately. But when taken in their full context, her remarks seem to be primarily an expression of support for the unique American ``melting pot'' and the notion that a diversity of backgrounds has made us a stronger and better nation. Perhaps more importantly, there is no evidence whatsoever that her personal views have improperly influenced her decisions in the courtroom. Some have also questioned Sotomayor's views on gun rights, and, in particular, whether or not she believes the second amendment restricts the right of individual States to regulate firearms. Despite the concerns that have been raised, a careful reading of her judicial record indicates that she has been very much in the judicial mainstream on gun issues. And she clearly stated during her confirmation hearings that she has a completely open mind on the specific question of how the second amendment should be applied to the States. I take her at her word, and it is my hope that the Supreme Court will indeed find that the second amendment protects the rights of gun owners and users against intrusion by State laws. When voting on judges, all we can do is look at the nominee's record and accomplishments, analyze his or her intellect and character, and decide whether he or she is qualified to serve on the bench. I have consistently followed that approach in the past, most recently in voting to confirm Chief Justice Roberts and Justice Alito. Using the same standards I applied to those nominations, I believe Sonia Sotomayor is eminently qualified for a place on the Supreme Court, and I am proud to support her nomination.

Mr. CONRAD

Mr. CONRAD. Mr. President, I wish to submit to the Senate the second budget scorekeeping reports for the 2010 budget resolution. The reports, which cover fiscal years 2009 and 2010, were prepared by the Congressional Budget Office pursuant to section 308(b) and in aid of section 311 of the Congressional Budget Act of 1974, as amended. The reports show the effects of congressional action through July 31, 2009, and include the effects of legislation since I filed my last reports on June 25, 2009. The new legislation includes P.L. 111-42, a joint resolution approving the renewal of import restrictions contained in the Burmese Freedom and Democracy Act of 2003, and for other purposes; H.R. 3114, an act to authorize the Director of the U.S. Patent and Trademark Office to use funds made available under the Trademark Act of 1946 for patent operations in order to avoid furloughs and reductions-in-force, and for other purposes, pending Presidential action; S. 1107, the Judicial Survivors Protection Act of 2009, pending Presidential action; and H.R. 3357, an act to restore sums to the highway trust fund, and for other purposes, pending Presidential action. The estimates of budget authority, outlays, and revenues are consistent with the technical and economic assumptions of S. Con. Res. 13, the 2010 budget resolution. For 2009, the estimates show that current level spending is $982 million below the level provided for in the budget resolution for budget authority and $3.8 billion above it for outlays while current level revenues match the budget resolution level. For 2010, the estimates show that current level spending is $1,205.9 billion below the level provided for in the budget resolution for budget authority and $715.8 billion below it for outlays while current level revenues are $19.2 billion above the budget resolution level. I ask unanimous consent to have the letters and accompanying tables from CBO printed in the Record.

Mr. CONRAD

Mr. CONRAD. Mr. President, I rise to offer for the Record, the Budget Committee's official scoring of S. 1406, the Agriculture, Rural Development, Food and Drug Administration and Related Agencies Appropriations Act for fiscal year 2010. The bill, as reported by the Senate Committee on Appropriations, provides $23.1 billion in discretionary budget authority for fiscal year 2010, which will result in new outlays of $17.7 billion. When outlays from prior-year budget authority are taken into account, nonemergency discretionary outlays for the bill will total $24.9 billion. The Senate-reported bill matches its section 302(b) allocation for budget authority and for outlays. The bill is not subject to any budget points of order. I ask unanimous consent that the table displaying the Budget Committee scoring of the bill be printed in the Record.