Herb Kohl

Mr. KOHL

Mr. KOHL. Mr. President, I rise to introduce the Safe Affordable Loan Act. This legislation will increase the access for low and moderate income Americans to mainstream financial institutions while reducing the relevance of pay day lenders. Additionally, the bill will encourage community banks and credit unions to provide small dollar loan amounts to families across their communities. There are approximately 30 million Americans operating on the fringe of the financial system. They are known as the ``unbanked.'' The average income for these individuals is approximately $26,390, with little to no savings. Additionally, these consumers rely on check cashing services or payday lenders as a way to access credit. Most of these operations charge excessive fees and interest rates that leave consumers financially devastated. Without access to mainstream financial services, consumers can be trapped in a cycle of debt with little hope of escape. In 2008, the FDIC launched a Small Dollar Loan program which offers volunteer participants CRA credit to provide consumers with affordable small dollar loans. I am proud that two banks from Wisconsin, Mitchell Bank in Milwaukee and Benton State Bank in Benton are participating in this valuable program. While this program has been beneficial to communities across the country, only 31 banks have chosen to participate. That is a drop in the bucket compared to the 23,000 payday lender operations. Without other incentives, banks will shy away from lending consumers small amounts, leaving them to rely on payday lenders and other loan alternatives. The legislation I am proposing would create a loan-loss reserve fund that financial institutions could access in order to mitigate some of the risk associated with offering small dollar loans. Financial institutions will be able to access the reserve fund and could potentially recover 60 percent of a lost loan, provided that their loans meet certain affordability requirements. The institutions must offer loans that have no prepayment penalties, have a repayment period longer than 60 days and has an interest rate of 36 percent APR or lower. Additionally, the loan size cannot exceed $2,500. In order to protect the government from excessive risk taking by the financial institutions, the fund administrator will take into consideration the overall default rate of the loan program that the institution offers to determine the reimbursement rate. Furthermore, the financial institutions would be required to report payment history to the credit reporting bureaus which will help consumers build credit or repair bad credit. As we consider changes to our financial system, we should include reforms that will help increase access to many of those who are left out. I look forward to working with my colleagues on this important issue in the Banking Committee to move it towards passage.

Mr. KOHL

Mr. KOHL. Madam President, today we honor Senator Robert C. Byrd for 20,744 days of service in the Congress of the United States. That feat of endurance is laudable, but certainly not surprising. This is the man who has memorized volumes of poetry and analyzed libraries of great books, histories, legislation, and speeches. This is the man who attended law school at night while serving in the House of Representatives and then the Senate. This is the man who remembers every important date--Veterans Day, Mothers Day, the Fourth of July-- with a carefully crafted, masterfully delivered oration on the Senate floor. This is the man who has held the most powerful positions in the Senate and has faced the most powerful adversaries on its floor and in Committee. No one should be surprised, then, that this is the man who has served longest in the United States Congress. But we are not just here to commemorate the days Senator Byrd has served. We are here to honor the service he has rendered. Senator Byrd has served West Virginia. In those 20,744 days representing them, Senator Byrd has spent countless hours--in the Appropriations Committee, on the floor, in the offices of his colleagues--fighting for his people. Senator Byrd has served the Senate. When I was first elected, Senator Byrd schooled me, as he has almost everyone in this body, in the nuances of Senate rules and traditions. He sat on the floor when I gave my first speech and made me understand the gravity and privilege of being a U.S. Senator. He has written the definitive, four-volume history of the Senate while earning himself a place in those pages alongside Senators Daniel Webster, Henry Clay, Robert Lafollette. And Senator Byrd has served this country. He carries our Constitution next to his heart and wields it like a sword against those who put politics above principle. He has defended the Senate's constitutional powers in front of the Supreme Court, arguing passionately against the line item veto--and in front of the world, arguing for the Senate's proper role in issues of war and peace. In years of working with Senator Byrd, I have had the honor of getting to know a true American patriot and call him friend. Senator Byrd has never let down the people of West Virginia and steadfastly upheld our beloved Constitution. He will forever be known not just as Congress's longest standing member but as its strongest standing member. I thank him--as he taught me, through you, Mr. President--for his friendship and his service to the Senate, to the Constitution, and to the United States of America.

Mr. KOHL

Mr. KOHL. Mr. President, I would like to take this time to recognize and congratulate the Sixteenth Street Community Health Center on its 40th anniversary. Located in the heart of Milwaukee's diverse south side, the Sixteenth Street Community Health Center provides high quality health care services to low income and non-English speaking residents in its surrounding neighborhoods. Providing more than just basic health care, the center offers a full range of social services, health education, and important mental health services. The Sixteenth Street Community Health Center began in 1969 when a small group of residents opened the Health Contact Center with the goal of providing care to central city residents who may not otherwise have access to medical services. Residents throughout the neighborhood came together to ensure that the health center had the resources and support it needed to thrive. Just 10 years after it opened, the health center doubled in size. Throughout its history, it has partnered with the city of Milwaukee, local hospitals and clinics, and charitable organizations to continue its growth and expand the services it provides to patients. Today, the Sixteenth Street Community Health Center offers prenatal care, social services, environmental health education, HIV treatment and prevention education, physical therapy, nutrition and wellness education, and much more. In 2006, it opened its second clinic and last year it served more than 27,000 patients. I have a long and proud history of working with the Sixteenth Street Community Health Center. The center, widely recognized as an exemplary health organization, is a treasured vital community asset. For 40 years, the staff of the center has worked diligently to fulfill its mission of providing care to as many people as possible regardless of income or insurance status. In Milwaukee, the Sixteenth Street Community Health Center is synonymous with quality health care, community service, and passion for all. On behalf of our State and Nation, I applaud the Sixteenth Street Community Health Center on 40 years of outstanding service and wish them continued success and a strong future.

Mr. KOHL

Mr. KOHL. Mr. President, I rise with my colleagues, Senators Rockefeller, Cornyn and Snowe, in support of the Child Support Protection Act. Our bipartisan group has joined together in a fight for our states, counties and the people we serve every day. The legislation we are introducing today represents a renewed effort in that fight, as we work to restore cuts to the child support enforcement program. This fight began in 2005 during Senate debate of the Deficit Reduction Act, or the DRA. That bill included cuts to the child support enforcement program--one of the most effective federal programs and one that directly benefits hardworking, single parent families. During consideration of the DRA, I joined 75 other Senators in support of a resolution rejecting child support funding cuts. But conferees ignored the Senate's record, including a provision to prevent states from receiving Federal matching funds on incentive payments. Before passage of the Deficit Reduction Act, states with high- performing child support enforcement programs were eligible for additional funding. With the limitation included in the final bill, however, States like Wisconsin were suddenly penalized for their hard work and success. These states saw their child support dollars disappear--and were faced with tough budgeting decisions at both the state and county levels. Within a year, child support offices in my State were forced to lay off workers and many were left with no option but to scale back services. Congress took a step towards fixing the problem as part of the American Recovery and Reinvestment Act. The Recovery bill temporarily restored the funding process that was in place before the Deficit Reduction Act, and allowed States--for fiscal years 2009 and 2010--to draw down much needed Federal matching funds. In Wisconsin, the need was so great that some offices used that funding to hire temporary staff--to clear case backloads and assist the constituents who have been hurt by the funding cuts. This is a short term solution--to a problem that Congress created. It is time to fix that problem. The economy has left families struggling, and child support is a lifeline for many of them. It is time to give States and counties the ability to budget beyond the coming year. It is time to help the thousands of families who rely on child support payments to stay out of poverty and off public assistance. It is time for my colleagues to join me in supporting, and to pass, the Child Support Enforcement Act.

Mr. KOHL

Mr. KOHL. Mr. President, I rise with my colleagues, Senators Rockefeller, Cornyn and Snowe, in support of the Child Support Protection Act. Our bipartisan group has joined together in a fight for our states, counties and the people we serve every day. The legislation we are introducing today represents a renewed effort in that fight, as we work to restore cuts to the child support enforcement program. This fight began in 2005 during Senate debate of the Deficit Reduction Act, or the DRA. That bill included cuts to the child support enforcement program--one of the most effective federal programs and one that directly benefits hardworking, single parent families. During consideration of the DRA, I joined 75 other Senators in support of a resolution rejecting child support funding cuts. But conferees ignored the Senate's record, including a provision to prevent states from receiving Federal matching funds on incentive payments. Before passage of the Deficit Reduction Act, states with high- performing child support enforcement programs were eligible for additional funding. With the limitation included in the final bill, however, States like Wisconsin were suddenly penalized for their hard work and success. These states saw their child support dollars disappear--and were faced with tough budgeting decisions at both the state and county levels. Within a year, child support offices in my State were forced to lay off workers and many were left with no option but to scale back services. Congress took a step towards fixing the problem as part of the American Recovery and Reinvestment Act. The Recovery bill temporarily restored the funding process that was in place before the Deficit Reduction Act, and allowed States--for fiscal years 2009 and 2010--to draw down much needed Federal matching funds. In Wisconsin, the need was so great that some offices used that funding to hire temporary staff--to clear case backloads and assist the constituents who have been hurt by the funding cuts. This is a short term solution--to a problem that Congress created. It is time to fix that problem. The economy has left families struggling, and child support is a lifeline for many of them. It is time to give States and counties the ability to budget beyond the coming year. It is time to help the thousands of families who rely on child support payments to stay out of poverty and off public assistance. It is time for my colleagues to join me in supporting, and to pass, the Child Support Enforcement Act.

Mr. KOHL

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

Mr. KOHL. Mr. President, I ask unanimous consent that at 3:30 p.m., the Senate proceed to the consideration of the conference report to accompany H.R. 2997, the Department of Agriculture, Rural Development, Food and Drug Administration Appropriations Act; that debate time on the conference report be limited to 30 minutes, equally divided and controlled between Senators Kohl and Brownback or their designees; that if points of order are raised, any vote on the motions to waive occur beginning upon the use or yielding back of time; and that following the disposition of the points of order, and if the motions to waive are successful, then at 4 p.m., the Senate then proceed immediately to vote on adoption of the conference report; that upon adoption of the conference report, the Senate then resume consideration of H.R. 2847, and the Ensign motion to recommit with 2 minutes prior to a vote in relation to the motion, with no amendments in order to the motion.

Mr. KOHL

Mr. KOHL. Mr. President, I rise in support of the conference report on H.R. 2997, the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act for 2010. This bill includes total spending of $121.1 billion. Of the total, $97.8 billion is for mandatory programs, and $23.3 billion is for discretionary programs. The discretionary spending in this bill is an increase of $2.7 billion and is within our 302(b) allocation. This bill funds a range of programs that help improve the lives of Americans every day. It provides more resources for food and drug safety. It delivers low-income housing and supports rural communities who need sanitary water systems. It fully funds the WIC, SNAP, School Lunch and School Breakfast Programs. It expands the Commodity Supplemental Food Program and the Child and Adult Care Feeding Program. It significantly expands the McGovern-Dole Program so children in developing countries can get school meals. Often, that is the only reason they come to school. It bolsters agricultural research so we can produce better crops and feed more people more efficiently. It funds conservation, community development, animal and plant health, trade, and much more. We worked closely with our counterparts in the House to come to satisfactory agreements on issues about which we had differing views. We included compromise language on the reimportation of Chinese poultry, setting up a stringent system to protect public health. This language meets all of our WTO requirements and has been endorsed by all sides. We included critical funds to aid the dairy sector which is suffering from historically low prices. Some will be used to purchase dairy products for food pantries, and the rest will provide direct relief to producers. We fund development of new food aid products to provide higher nutritional content for food aid recipients; most of these products have not been updated for nearly two decades. Overall, this bill is properly balanced. It provides appropriate funding and direction for the Department of Agriculture, FDA and other agencies. We worked to ensure that the concerns of all Senators were addressed, and I believe we have been successful. I am very encouraged by the process that brought us to this point, and I am grateful to my ranking member, Senator Brownback, and others who have been instrumental in its success. I strongly encourage all Senators to support this bill.

Mr. KOHL. Mr. President, it has been brought to my attention that the Congressionally directed spending items table in the statement of managers to accompany the Fiscal Year 2010 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act mistakenly listed Senator Hutchison as requesting funding for the medicinal and Bioactive Crops research project through the Agricultural Research Service. Additionally, Senator Hutchison's name was mistakenly omitted from the table for the Grain Sorghum research project through the National institute for Food and Agriculture and the Range Revegetation for Ft. Hood conservation project through the Natural Resources Conservation Service.

Mr. KOHL. Let me start by saying that I appreciate the guidance and input I have received from my California colleague throughout this process. The bill before us provides $290 million to the Secretary under broad authorities to assist our Nation's dairy farmers. The conference report does not direct any form this assistance shall take--an approach that was the result of a hard-fought negotiation with the House. Many members would have preferred to distribute this assistance through the MILC program formula. In fact, I must admit that such an outcome would have been my preference since programs such as MILC would greatly benefit my farmers in Wisconsin. But I knew that dairy farmers all across the country are suffering and an approach couched in inherently regional terms would not meet the test for national acceptance. I understand the MILC program would impose limitations difficult for some regions to accept, and for that reason a more general authorization was employed to provide greater regional fairness in the distribution of assistance. My understanding is that the Secretary has three main goals in mind in administering this assistance: No. 1, the payments must be directed to actual dairy farmers, No. 2, the payments must go out as quickly as possible, and No. 3, the payments must reflect as much regional equity and fairness as possible. I agree with these three principles and trust that the Secretary will carry out this assistance in that fashion.

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

Mr. KOHL. Mr. President, I ask for all the remaining time to be yielded back.

Mr. KOHL. Mr. President, I ask for the yeas and nays.

Mr. KOHL

Mr. KOHL. I appreciate the comments of the chairman and respect the work of the Senator from Texas on this issue. The Army's decision impacts both of our States, but it is imperative that GAO is allowed to conduct its investigation free of individual prejudices. The taxpayers and men and women of the Armed Forces deserve an objective review. I look forward to working with the Chairman and all my colleagues on this issue.

Mr. KOHL

Mr. KOHL. Mr. President, I would like to congratulate the American Academy of Ophthalmology as this year marks the 25th anniversary of their groundbreaking ethics code. One of the first of its kind in the medical world, the Academy Code of Ethics represents a milestone. This self-initiated code of ethics paved the way and set the standard for numerous other codes of conduct within professional medical organizations. Since the code's inception in 1983, the academy's Ethics Committee has reviewed over 3,500 inquiries about ethical behavior and concerns about member conduct. The American Academy of Ophthalmology is the largest national membership association of ophthalmologists, with 430 in Wisconsin alone. Its members are committed to advancing the highest standards of comprehensive eye care and are dedicated to enhancing the quality of life for every patient they serve. The academy uses its code of ethics, a consensus of the members' views on the ethical issues encountered in ophthalmology, to do just that. I would also like to note the AAO's commitment to educating its members about unintended influence from the drug industry that can result from the acceptance of excessive gifts and payments. Since 1991, its Ethics Committee has encouraged its members to disclose potential conflicts to patients, the public, and colleagues. AAO's internal policies on this matter, which have been continually updated through the years, are very much in line with the Physician Payments Sunshine Act, S. 301, of which I am a lead sponsor. Because so many complex ethical dilemmas affect nearly every facet of our health system, the fact that the academy was one of the very first organizations in professional health care to develop an ethical code is truly commendable. Therefore, I once again express my congratulations to the American Academy of Ophthalmology on the 25th anniversary of their code of ethics.

Mr. KOHL

Mr. KOHL. Mr. President, I rise today with great sadness to pay tribute to my friend, colleague, and great statesman, Senator Ted Kennedy. As many of my colleagues have noted here today, over his 47 years of public service in the Senate, Ted Kennedy displayed exemplary leadership, a commitment to progress, and the vision that by working together, this body could truly better the lives of Americans. For many years as a member of the Judiciary Committee, I had the privilege to work with and learn from Senator Kennedy. Since 1997, I sat just one seat away from him then-Senator Biden to my right and Senator Kennedy next to him. Senator Kennedy was always so encouraging. A simple ``good job'' or pat on the back might be expected from a busy Senator like him, but from time to time, he would take a moment to write a note and offer encouragement for a bill I was trying to move through committee or a concern I was expressing about an issue important to the people of Wisconsin. We have heard so much over the past weeks about what he gave to our country throughout his long Senate career. Just as important, he gave all of us on the committee and in the Senate an example of how to be an effective legislator, a fair negotiator, and a friend to allies and foes alike. As has been noted by many of those who worked alongside him, Senator Kennedy masterfully negotiated with others in the long process of shaping policy but refused to retreat from his principles--or from his quest toward equality and social justice for all. His tireless advocacy on the behalf of those Americans most in need of an advocate--children, senior citizens, the sick, disabled and mentally ill, students, workers, and families--has changed the course of this Nation and impacted millions of lives. Senator Kennedy's many legislative battles--for civil rights, voting rights, and workers rights, among others--illustrated that although we may differ in our politics and our ideologies, it is still possible work with each other, across the aisle and across the political spectrum, toward the common good. Although I am sad today to realize that we will never hear another of his fiery speeches, many of them given just a few desks away from mine in the back row of this Chamber, he leaves a legacy behind that will endure. I extend my deepest sympathies to his wife Victoria and to the rest of his family during this difficult time. Senator Kennedy's passion, diligence, good humor, and kindness will be greatly missed, by me and by many others, in this body and across the Nation.

Mr. KOHL

Mr. KOHL. Mr. President, today I rise to recognize the University of Wisconsin-La Crosse on the 100th anniversary of its founding. As the university celebrates 100 years of service to the people of Wisconsin, I am reminded of the excellent tradition of higher education championed not only by the state of Wisconsin, but by our entire Nation. Education is the driving force behind the prosperity of this nation, and institutions such as the University of Wisconsin--La Crosse have helped prepare our most influential leaders and scholars throughout our Nation's history. I applaud UW--La Crosse for its contributions to the state of Wisconsin and the U.S. over the past 100 years of its rich history. One hundred years ago, Wisconsin State Senator Thomas Morris sponsored a bill that would eventually create the University of Wisconsin--La Crosse, which was founded in 1909 as the La Crosse State Normal School. The honorable Fassett A. Cotton, the university's first president, insisted that the education provided at his school would shape the whole person. The university's motto, emblazoned on its official seal, reads ``mens corpusque'', Latin for ``mind and body''. At the university's 50th anniversary in 1959, presidential candidate John F. Kennedy spoke to the students in the Graff Main Hall auditorium. Today, the university is recognized as a premier Midwestern public university by U.S. News & World Report. The University of Wisconsin--La Crosse offers 88 undergraduate programs in 44 disciplines, along with 26 graduate programs. Its athletics programs complement its superb academic reputation, having won 59 National Collegiate Athletic Association Division III titles in nine different sports. Therefore, in this centennial anniversary year for the reputable University of Wisconsin--La Crosse, I would recommend that educational institutions across the Nation look to La Crosse as an example of great academic achievement. I would also like to express my gratitude to this university for providing 100 years of outstanding service to the people of Wisconsin.

Mr. KOHL

Mr. KOHL. Mr. President, I proudly rise today to recognize the achievements of the members of 1st Battalion, 128th Infantry, part of Wisconsin's 32nd Infantry Brigade, for its selection as the top battalion in the Army National Guard of the United States. Mr. President, 1st Battalion, 128th Infantry has been selected as the winner of the Walter T. Kerwin Jr. Award for Readiness and Training for 2009. The award is given annually to the Army National Guard unit found to have the highest deployment readiness in the Nation, and I am pleased that the men and women of this Eau Claire-based unit were found to have standards of training and maintenance that exceeded the standards for deployment. The U.S. Army has selected 2009 to be the ``Year of the NCO'' to pay tribute to the day-to-day leadership qualities of the noncommissioned officers charged with executing the training and maintenance that make their units function. In the spirit of the ``Year of the NCO,'' I would like to pay a special tribute to the NCOs of 1st Battalion, 128th Infantry, as their leadership helped make it possible for the unit to achieve the standards that earned them this award. I had the honor of attending the February send-off ceremony prior to the unit's deployment to Iraq. I consider myself privileged to have attended the ceremony where the State of Wisconsin and the soldiers' families paid tribute to the State's largest National Guard deployment since World War II. The soldiers of 1st Battalion, 128th Infantry spent nearly years training for their mission, and the high standards established during that preparation are now nationally recognized. I applaud the service of the members of the brigade, and I wish them success in their mission to help stabilize Iraq and look forward to their return home next year.

Mr. KOHL

Mr. KOHL. Mr. President, I rise today along with Senator Hatch to submit a resolution to increase awareness of Polycystic Kidney Disease, PKD, a common and life threatening genetic illness. Over 600,000 people have been diagnosed with PKD nationwide. There is no treatment or cure for this devastating disease. Families and friends struggle to fight PKD and provide unwavering support to their suffering loved ones. But there is hope. The PKD Foundation has led the fight for increased research and patient education. Recent studies have led to the discovery of the genes that cause PKD as well as promising clinical drug trials for treatment. More needs to be done, however, and the Government wants to help. In order to increase public awareness of this fatal disease, I propose that September 13th through the 19th be designated as National Polycystic Kidney Disease Awareness Week. This week coincides with the annual walk for PKD which takes place every September. In Wisconsin, where over 10,000 patients are living with the disease, residents gather across the State to take part in this very special walk. Increasing awareness will help all those affected by Polycystic Kidney Disease, and I hope my colleagues will support this important resolution.

Mr. KOHL

Mr. KOHL. Mr. President, this program provides for cooperation between the Federal Government, State government agencies, and local organizations to prevent erosion, floodwater and sediment damages, and to further the conservation and proper utilization of lands in authorized watersheds. This program helps communities prepare detailed watershed work plans for flood prevention projects in cooperation with soil conservation districts and other local sponsoring organizations. Annual natural resource benefits include 90 million tons of soil saved from erosion; 47,000 miles of streams and stream corridors enhanced or protected; more than 1.8 million acre-feet of water conserved; nearly 280,000 acres of wetlands created, enhanced or restored; and over 9 million acres of upland wildlife habitat created, enhanced, or restored. This is a very important program. I urge Senators to oppose this amendment.

Mr. KOHL. Mr. President, I ask for the yeas and nays.

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

Mr. KOHL. Mr. President, all time is yielded back on McCain amendment No. 2030.

Mr. KOHL

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

Mr. KOHL

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