Barack Obama

Mr. OBAMA

Mr. OBAMA. Mr. President, I rise today to support an amendment introduced by Senator Bingaman to increase funding for education programs for Hispanic students. This important group of Americans has long been underserved by our public schools, and the actions proposed in this amendment are an important remedy. In America, the promise of a good education for all makes it possible for any child to rise above the barriers of race or class or background and achieve his or her potential. We live in a world where the most valuable skill you can sell is knowledge. Yet we are denying this skill to too many of our children. This denial has grave consequences, with those consequences falling inequitably on children of color. Of every 100 white kindergartners, 93 graduate from high school, and 33 earn at least a bachelor's degree. But for every 100 Hispanic kindergartners, only 63 graduate from high school, and only 11 obtain that college degree. The school age population of Hispanic students is growing five times faster than the student population at large. If we fail to do better in educating deserving Hispanic youth, this failure will have grave consequences for us all, not just with increased unemployment but in missed opportunities for innovation and competitiveness. This failure of our education system is not easy to address. There is no single, simple solution. This amendment recognizes this fact by proposing a variety of programs to help Hispanic students. Among these programs, Support for Hispanic Serving Institutions will help those colleges that now grant diplomas to over 50 percent of all Hispanic graduates. Language Acquisition Grants address those students who struggle to learn because they do not yet have full fluency in English, a number which includes nearly half of the Hispanic students in our public schools. The School Dropout Prevention Program addresses one of the most significant problems for children of color. In Illinois, only 53 percent of Hispanics graduate from high school, compared with 83 percent of whites. We must do better. We must not lower our standards. Instead, we must increase our support for those students who are eager to succeed. In many situations, it is clear that children of color, when provided appropriate support and effective teachers, can rise to meet our expectations and fulfill their hopes and the dreams of their families. I am proud to support Senator Bingaman in this effort. The question is on agreeing to amendment No. 2262, as modified.

Mr. OBAMA

Mr. OBAMA. Mr. President, I rise today to express my disappointment in the failure of this body to approve an amendment offered yesterday by Senator Kennedy to increase the financial support provided to students though the Pell Grant program. Pell Grants represent by far the largest source Federal grant aid for postsecondary education and provide necessary financial support for many students. My support of this amendment echoes the first piece of legislation I introduced in the Senate and a promise I made during my Senate campaign. That promise, and that legislation, was the Higher Education Opportunity through Pell Grant Expansion Act of 2005, S.697-- the HOPE Act. My statement today expresses my continuing efforts on behalf of students who need our support to continue their education. Many students know that realizing their dreams depends on a college diploma, and, for many, the chance to earn that diploma is dependent on the Pell Grant program. As students dream of that diploma, they also worry about how to pay for it. The statistics confirm their worries. College tuition is rising almost 1 percent a year, and over the last 25 years, it's gone up more than fivefold. Because of these rising prices, over 200,000 students were priced out of college altogether just last year. Today, need-based Pell Grants are used by 5.3 million undergraduate students, and 85 percent of these grants go to families earning less than $40,000. Over too long of a period, the amount of these awards has not kept up with the spiraling price of tuition or even with the rate of inflation. As a result, the current $4,050 Pell Grant maximum is insufficient. This amendment would have raised that amount to $4,250, and represented one step toward making college more affordable for those students who have worked hard to keep alive their hope of earning a college diploma. Even in this time of shared sacrifice, I believe we must continue to support those hopes and the students who deserve a chance to turn them into reality. This remains a priority for me. Despite yesterday's vote, I will continue to work to increase support for our students though the Pell Grant Program.

Mr. OBAMA. Mr. President, I would like to speak on an amendment to H.R. 3010 that I was proud to introduce with the support of Senator Durbin. This amendment increases funding for a program in the Department of Education that has proven success in improving student behavior and school climate in thousands of schools across the country: Positive Behavioral Interventions and Support. A problem I hear about from teachers all the time is that disruptive students slow down the rest of the class, and can turn our schools into places unworthy of our most precious resource--our children. To help teachers in doing their important work of educating our children, I propose that we expand an innovative program, already being used in states such as Illinois, that teaches students about positive behavior and expects the adults in our schools to set the same high standards for behavior as they do for achievement. This system is called Positive Behavioral Interventions and Supports. PBIS is designed to deal with discipline problems in a research-based, experimentally-verified way, based on one simple premise: stop problem behavior before it starts. The problem might be a general lack of discipline, increasing school violence, or a loss of instructional time because of behavioral issues. PBIS has shown that schools benefit from unified and efficient interventions that specifically teach, model, and reward good behavior, while providing consequences for problem behavior. Kids are smart. When a school has clear and effective expectations, agreed to by the adults in the school, they respond positively. When the expectations are disputed and ineffective, kids exploit the situation. PBIS shows positive results. At one school in Illinois, when PBIS was implemented, suspensions decreased 85 percent, there was more time for teaching, and student test scores increased. It makes sense: with fewer disruptions, students can stay on task more, and so learn more. Successes such as these have been replicated in thousands of schools across the country. Today, I am proposing that we expand our support for this technical assistance program in the Office of Special Education Programs at the Department of Education. PBIS has proven itself, and has already been adopted by many schools. Let's give all our children the benefit of high expectations and supports for good behavior. Let's give all our schools the opportunity to adopt this system. Let's support our kids by supporting PBIS. I urge my colleagues to support this amendment.

Mr. OBAMA

Mr. OBAMA. Mr. President, today the Nation mourns a genuine American hero. Rosa Parks died yesterday in her home in Detroit. Through her courage and by her example, Rosa Parks helped lay the foundation for a country that could begin to live up to its creed. Her life, and her brave actions, reminded each and every one of us of our personal responsibilities to stand up for what is right and the central truth of the American experience that our greatness as a nation derives from seemingly ordinary people doing extraordinary things. Rosa Parks' life was a lesson in perseverance. As a child, she grew up listening to the Ku Klux Klan ride by her house, fearing that her house would be burned down. In her small hometown in Alabama, she attended a one-room school for African American children that only went through the sixth grade. When she moved to Montgomery, AL, to continue her schooling, she was forced to clean classrooms after school to pay her tuition. Although she attended Alabama State Teachers College, Rosa Parks would later make her living as a seamstress and housekeeper. But she didn't accept that her opportunities were limited to sewing clothes or cleaning houses. In her 40s, Rosa Parks was appointed secretary of the Montgomery branch of the NAACP and was active in voter registration drives with the Montgomery Voters League. In the summer of 1955, she attended the Highlander Folk School, where she took classes in workers' rights and racial equality. Well before she made headlines across the country, she was a highly respected member of the Montgomery community and a committed member of the civil rights effort. Of course, her name became permanently etched in American history on December 1, 1955, when she was arrested for refusing to give up her seat to a white passenger on a Montgomery bus. It wasn't the first time Rosa Parks refused to acquiesce to the Jim Crow system. The same bus driver who had her arrested had thrown her off a bus the year before for refusing to give up her seat. Some schoolchildren are taught that Rosa Parks refused to give up her seat because her feet were tired. But our Nation's schoolbooks are only getting it half right. She once said: The only tired I was, was tired of giving in. This solitary act of civil disobedience became a call to action. Her arrest led a then relatively unknown pastor, Martin Luther King, Jr., to organize a boycott of the Montgomery bus system. That boycott lasted 381 days and culminated in a landmark Supreme Court decision finding that the city's segregation policy was unconstitutional. This solitary act of civil disobedience was also the spark that ignited the beginning of the end for segregation and inspired millions around the country and ultimately around the world to get involved in the fight for racial equality. Rosa Parks' persistence and determination did not end that day in Montgomery, nor did it end with the passage of the Civil Rights Act and Voting Rights Act years later. She stayed active in the NAACP and other civil rights groups for years. From 1965 to 1988, Ms. Parks continued her public service by working for my good friend Congressman John Conyers. And in an example of her low-key demeanor, her job in Congressman Conyers' office did not involve appearances as a figurehead or celebrity; she helped homeless folks find housing. At the age of 74, she opened the Rosa and Raymond Parks Institute for Self-Development, which offers education and job training programs for disadvantaged youth. And even into her 80s, Rosa Parks gave lectures and attended meetings with civil rights groups. At the age of 86, Rosa Parks' courage and fortitude was recognized by President Bill Clinton, who awarded her the Nation's highest honor for a civilian the Congressional Gold Medal. As we honor the life of Rosa Parks, we should not limit our commemorations to lofty eulogies. Instead, let us commit ourselves to carrying on her fight, one solitary act at a time, and ensure that her passion continues to inspire as it did a half-century ago. That, in my view, is how we can best thank her for her immense contributions to our country. Rosa Parks once said: As long as there is unemployment, war, crime and all things that go to the infliction of man's inhumanity to man, regardless--there is much to be done, and people need to work together. Now that she has passed, it is up to us to make sure that her message is shared. While we will miss her cherished spirit, let's make sure that her legacy lives on in the heart of a nation. As a personal note, I think it is fair to say were it not for that quiet moment of courage by Mrs. Parks, I would not be standing here today. I owe her a great thanks, as does the Nation. She will be sorely missed. I yield the floor.

Mr. OBAMA

Mr. OBAMA. Mr. President, the House of Representatives has passed, and the Senate Environment and Public Works Committee is considering, legislation to increase petroleum refinery capacity in the United States. The argument is that the shortage of domestic refining capacity is contributing to the rising price of gasoline which, in turn, is squeezing families' pocketbooks and complicating our Nation's economic future. The theory is that relaxing environmental regulations will unlock long dormant investment in new domestic refining capacity.

Mr. OBAMA

Mr. OBAMA. Mr. President, I rise today in support of the amendment offered by Senators Reed and Collins to the Fiscal Year 2006 Labor, HHS appropriations bill to appropriate $2.92 billion emergency funding for the Low-Income Home Energy Assistance Program, (LIHEAP). LIHEAP provides much needed assistance to Americans who might otherwise be forced to choose between heating their home during the winter months and putting food on the table for their family. In Illinois, 311,000 households received LIHEAP assistance last winter, out of 600,000 that applied. Clearly there is much more need than there are available funds. If you have never experienced an Illinois winter, I can tell you that it can be bitterly cold. In January, the wind coming off of Lake Michigan near my house in Chicago will chill you to the bone. This year, the National Oceanic and Atmospheric Association is projecting an even colder than average winter. As a result of colder temperatures and rising energy prices, the Department of Energy's Energy Information Administration is predicting that families will be faced with significantly higher heating costs than last year. Those families whose homes are heated primarily by natural gas will pay about $350 more this winter, families in homes heated primarily by propane will pay an average of $325 more, and families in homes heated primarily by heating oil will pay, on average, as much as $378 more than last year. With the expected increase in heating costs, there will be an increased demand for LIHEAP assistance. Already this year, 100,000 Illinois households have applied for help with their heating bills for the coming winter, a higher than average number for this point in the year. The $2.92 billion in emergency funding proposed in this amendment will supplement the $2.18 billion already contained in the Labor-HHS appropriations bill to fully fund LIHEAP at a total of $5.1 billion. Livable shelter is a basic human necessity. Without authorizing these emergency funds: we put the elderly, the disabled and the low-income families that depend on this aid at risk. If we have learned anything from the tragedy of Hurricane Katrina, it is that we cannot afford to shortchange programs that provide assistance for the most vulnerable in our society. I urge my colleagues to join me in supporting this important amendment. Amendment No. 2253

Mr. OBAMA. Mr. President, I rise today to support an important cause, at a critical time, increasing the representation of students from underrepresented backgrounds in law school and the legal profession. Senator Durbin and I have introduced an amendment to the Labor, Health and Human Services, and Education appropriations bill that would restore funding for a program which seeks to do just that the Thurgood Marshall Legal Educational Opportunity Program. The Marshall Program provides technical assistance, training, coaching, and financial assistance to prospective law students who might otherwise experience academic or financial obstacles to law school success. It also runs 6- week Summer Institutes that serve as a bridge between college and law school, and helps law students prepare for the bar exam. Since its inception, over 7,000 students have received their law degrees with help from the Marshall Program. I am proud to say that some of the Program's valuable initiatives are held at Illinois' own Northern Illinois University and DePaul University. Judges, prosecutors, public defenders, and other legal professionals are the faces of our justice system. It is important that these individuals come from a variety of experiences, and bring to their jobs a diverse range of perspectives. According to a national study commissioned in 2000, however, half of those polled believed that the justice system treated people differently because of their background. One important way to address this problem is to make sure that working- class people and students from different cultural backgrounds have the opportunity to go to law school and successfully enter the legal profession. Equally important is the effect these students will have on their families and their communities. The Marshall Program's benefits extend not only to program participants but also to the generations that follow behind them. Every person who rises from limited means to become a doctor or lawyer in this country is also a mother, father, sister or brother who will help bring resources to their families, leadership to their neighborhoods, and hope to their communities. The Marshall Progam helps to expand opportunities, for this generation of Americans and the next. I am proud to support the cause of increasing the representation of students from less advantaged backgrounds in the legal profession. I urge my colleagues to do the same.

Mr. OBAMA

Mr. OBAMA. Mr. President, I am proud to cosponsor the amendment that Senators Leahy, Coleman, Sarbanes, Graham and Reed have offered to protect funding for three programs critical to working families and low-income communities: the Community Development Block Grant, the Section 8 Voucher Program, and the Public Housing Operating and Capital Funds. These programs expand opportunities to home ownership for working class families and help communities across the country pursue growth that develops poor communities without pushing out the poor themselves. Let me talk about how each of these programs supports communities of hope and opportunity. The Community Development Block Grant, CDBG, program makes it possible for our communities to improve their infrastructure, develop new businesses, provide important social services, and rehabilitate homes--all of which translates into expanded opportunity for people. This year, Illinois will receive more than $196 million in CDBG funds. The State-level CDBG program alone has invested more than $33 million in projects around the State. As a result, 66,000 of my constituents received improved water, sanitary and storm water systems; small businesses were assisted in creating or retaining more than 1,000 jobs; and 313 homes in 27 communities were rehabilitated to address health and safety issues. Cities throughout Illinois also leverage CDBG funds for 2,500 affordable housing units, economic development in 70 communities, job training and placement for nearly 900 low-income residents, and health care services for more than 235,000 people. And beyond being good policy, these programs are fiscally responsible. For the State-level CDBG program, every dollar invested in Illinois infrastructure and housing yielded over three additional dollars in other private or public investment. That translates into $109 million in additional dollars for communities across Illinois. If only all government investments could yield that kind of return. The other economic development programs this amendment would protect are funding for the Section 8 Voucher Program and the Public Housing Operating and Capital Funds. These two programs form the foundation of housing support in this country for low-income individuals and families. Over a million households in Illinois spend more than 30 percent of their income on rent. The Section 8 program addresses this problem by making more than 76,000 Housing Choice Vouchers available to Illinois residents each year. But that still leaves 56,000 households in Illinois on Section 8 waiting lists, and the lists are getting longer. Families waiting on Section 8 vouchers are either paying too much of their income on housing--and too little on food and healthcare--or they are joining the ranks of the more than 8 percent of Illinoisans who have experienced homelessness at some point in their lives. This situation is unacceptable, and this amendment begins to address it. The amendment also shores up funding for the Public Housing Operating and Capital Funds. Millions of Americans call public housing ``home,'' and more than 62 percent of public housing residents are families with children or elderly households. The operating fund helps these residents by making money available for building maintenance, utilities, and the salaries of Public Housing Authority employees. And the capital fund is a critical tool for maintaining housing infrastructure. It helps local housing authorities modernize, rehabilitate or replace aging units, thereby assuring that families live in safe homes. Communities and families across my State, and indeed across the country, depend on these programs to help them move forward. As housing stock and infrastructure continues to age, and voucher waiting lists continue to grow, we cannot afford to take money away from the working class folks who need it most. I urge my colleagues to support this amendment.

Mr. OBAMA

Mr. OBAMA. I ask that I be able to proceed out of order. It is my understanding the Republicans actually control the time at the moment. I ask unanimous consent that I be able to proceed and the time to be taken out of the Democratic time.

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

Mr. OBAMA

Mr. OBAMA. Mr. President, we are continuing to witness, as I think you are aware, the relentless spread of avian flu carried slowly, but predictably, by wild migratory birds from countries in Southeast Asia to western China to Mongolia and then over the Ural Mountains into Russia and Ukraine. From there, avian flu this week has spread over to Romania and Turkey, and we have just learned possibly into Greece. Dr. Joseph Domenech, chief of the Animal Health Service at the United Nations Food and Agricultural Organization, has been quoted as saying that `` . . . we are not surprised.'' At this point, no one should be surprised. The experts have told us repeatedly that a flu pandemic is inevitable, although the timing is unpredictable. In other words, the question is not if but when. The spread of avian flu is our warning signal, and we need to heed this call to action. If we are lucky, we will have at least a year or perhaps several years to prepare for a flu pandemic, but we might not be so lucky. Regardless of whether it is this particular strain of avian flu, H5N1, or another deadly strain, the time to act is long overdue if we want to prevent human suffering, death, and economic devastation. International health experts say that two of the three conditions for an avian flu pandemic in Southeast Asia already exist. First, a new strain of the virus has emerged to which humans have little or no immunity. Second, this strain has shown that it can jump between species. The last condition, the ability for the virus to travel efficiently from human to human, has not been met, and it is the only thing preventing a full-blown pandemic. Once this virus mutates and can be transmitted from human to human, we will not be able to contain this disease. Because of the wonders of modern travel, a person could board a plane in Bangkok, Athens or Bucharest and land in Chicago less than a day later, unknowingly carrying the virus. In fact, we learned this lesson from SARS, which moved quickly from Asia to Canada, where it led to many deaths. As my colleagues know, one of my top priorities since arriving in the Senate has been to increase awareness about the avian flu. In April of this year, I introduced the Avian Act, which is a comprehensive bill to increase our preparedness for an avian flu pandemic. This bill was incorporated into a larger bill, the Pandemic Preparedness and Response Act that Senator Reid and I introduced 2 weeks ago. We need to move this bill as quickly as possible. We also need to provide more funding to purchase vaccines and antivirals and improve our ability to spot and isolate a pandemic as soon as it begins. In the spring and summer, I worked to secure $25 million in funding to fight the avian flu. Today, some of this money is already helping the World Health Organization to step up its international surveillance and response efforts. But obviously more money is needed--much more. Last month, I joined Senator Harkin and others in offering an amendment to the DOD appropriations bill to provide almost $4 billion to fight the avian flu. I am pleased that Senator Stevens cosponsored the amendment and it was accepted into the appropriations bill. At this point, I am hoping that the House will agree to this funding in conference. Although we have begun to step up to the plate in the Senate, it is unfortunate that none of the avian flu bills that have been introduced have yet been passed into law. There has been too much talk, not enough action. And this is not just true in the Congress. One year after publishing the draft pandemic flu plan, the administration still has not released the final HHS pandemic flu preparedness plan. Half the States have not published plans either, and we know that many of these States will need substantial help. This lack of planning is compounded by the fact that we still don't have an FDA-approved vaccine against avian flu, and the one drug that many countries are relying on, Tamiflu, may be less effective than experts had thought. The manufacturer is also struggling to meet the demand, and it could take up to 2 years for it to make enough for the U.S. stockpile, presuming this administration finally puts in an order for the drug. I ask my colleagues how many hearings and briefings have they sat through where witnesses and experts have urged the Government to be better prepared for these types of crises? The failure to prepare for emergencies can have devastating consequences. We learned that lesson the hard way after Katrina. This Nation must not be caught off guard when faced with the prospects of a pandemic because the consequences are simply too high. The flyways for migratory birds are well established. We know that avian flu will likely hit the United States in a matter of time. With the regular flu season coming up shortly, conditions will be favorable for the reassortment of the avian flu virus with the annual flu virus. Such reassortment could lead to a mutated virus that could be transmitted efficiently between humans, which is the last condition needed for pandemic flu. The question is, Will we be ready when that happens? Let's make sure the answer is yes. I urge my colleagues in the Senate and the House to push this administration to take the immediate action needed to prevent catastrophe, the likes of which we have not seen during our lifetimes. I thank the Chair, and I yield the floor.

Mr. OBAMA

Mr. OBAMA. Mr. President, even as our Nation faces new public health challenges, it is crucial that we not lose sight of a devastating disease that has remained a challenge for decades the HIV/AIDS epidemic. Over the past two decades, the Nation has witnessed tremendous strides in the diagnosis and treatment of this disease, and overall, affected individuals are living longer and in better health. Yet approximately 40,000 Americans are still infected every year, half of whom are under the age of 25, and over 1 million Americans are living with this disease. My own State of Illinois ranks sixth in the Nation for HIV/AIDS, and our health officials and experts continue to work diligently to reduce the number of newly infected, as well as provide high quality care to those who are infected. As with so many diseases, HIV/AIDS has had a disproportionate impact on the Latino community. While representing only 14 percent of the U.S. population, Latinos comprise 20 percent of the population affected by HIV/AIDS. However, unlike every other racial and ethnic group, the number of estimated deaths among Latinos with AIDS is actually increasing--a 17 percent growth between 1999 and 2003. As the largest and fastest growing ethnic minority group in the U.S., it is imperative that HIV/AIDS prevention and treatment in the Latino community remain a top priority for our Nation. I am proud to join Representative Hilda Solis, Chair of the Congressional Hispanic Caucus' Task Force on Health, and other members of the Congressional Hispanic Caucus and Congressional Black Caucus, in recognizing October 15 as National Latino AIDS Awareness Day. On this day, we renew our commitment to ending the spread of HIV and ensuring quality of life to those with HIV regardless of their country of origin or immigration status. We do this whether we are Latino, African American, Asian, Caucasian or Native American. Although we all belong to separate communities, it is important that we stand as one community in the fight against this disease that is rapidly targeting populations of color. The numbers are growing and so should our national attention towards the issue. The reauthorization of the Ryan White CARE Act is an example of how our Nation can help. It is also critical to increase funding for the Minority AIDS Initiative, MAI, which addresses the disproportionate impact of HIV/AIDS on people of color by allocating specific funds for programs under the Ryan White CARE Act. Programs like Ryan White provide our most vulnerable populations, such as HIV/AIDS-stricken Latinos, with a chance for quality health care and a brighter future. On October 15 and every other day of the year, I encourage all of us to join in the fight against HIV and AIDS. We cannot become complacent. The need is great, and the time to act is overdue.

Mr. OBAMA

Mr. OBAMA. Mr. President, I rise today to say that, as I have often thought, justice is a curious thing. She has been poked and prodded, detained and defaced, and her piercing light is too often hidden from view. Justice had a tough time in Montgomery and Selma, and she took a sore drumming alongside Susan B. Anthony and the other fighters for women's suffrage. If you asked Dr. Martin Luther King, Jr. or Ms. Fannie Lou Hamer where justice was during those cold nights in jail in 1963, they might have said that she was nowhere to be found. But inevitably and incredibly justice always seems to find her way. She creeps into the dark spots of our history. She rears her head where she is not wanted. And, eventually, she causes the barriers meant to hold her back to crack and crumble, under the collective weight of those who fight for her cause. On January 25, 1966, justice was at it again. It was on that date after a storied career of educational success, fervent legal advocacy, and legislative accomplishments that Constance Baker Motley became the first African-American woman appointed to the Federal judiciary. Judge Motley passed away on September 28, 2005, at the age of 84. She is survived by her husband Joel, a son, three sisters and a brother. I rise today to honor her and the concept of justice for which she fought all her life. Constance Baker was born on September 14, 1921, in New Haven, CT. Her father was a chef for an exclusive club at Yale, and her mother was active in the NAACP. She graduated from New York University in 1943 and received her law degree from Columbia University in 1946. As a third- year student at Columbia, Judge Motley joined the staff of the NAACP Legal Defense and Educational Fund. She would eventually become its principal trial attorney. Judge Motley's list of accomplishments while working for the Legal Defense Fund is stunning. In 1950, she drafted the complaint that would become Brown v. Board of Education. In 1957 she argued the case in Little Rock, AR, which prompted President Eisenhower to call in Federal troops to protect the ``Little Rock Nine''. She personally argued the 1962 case in which James Meredith won admission to the University of Mississippi, as well as the suit that resulted in the enrollment of black students at the University of Georgia. All told, Judge Motley won 9 of the 10 civil rights cases she argued before the Supreme Court, an astounding accomplishment for that or any other time period. After 20 years with the NAACP, Judge Motley was elected to the New York State Senate and became the first African-American woman to serve in that body. Among her first tasks was fighting for additional low- and middle-income housing. In February of 1965, Judge Motley was elected to serve as the President of the Borough of Manhattan, becoming the first woman of any race to serve in that post. And in 1966, President Johnson helped bring justice's work full circle. He appointed Judge Motley to the Federal District Court for the Southern District Court of New York, making her the first African American woman to sit on the Federal bench. She served with distinction in the Southern District, and became the chief judge of this court in 1982. She took senior status in 1986. I honor Judge Motley today. I honor her for her wisdom, for her tenacity, and for the fire with which she advocated for equal rights. And, equally important, I honor the spirit of justice that motivated Constance Baker Motley. It spurred her on from her early days in Connecticut to her long and distinguished tenure on the Federal bench. I ask that this body and all Americans remember Judge Motley today. And I ask that we attempt to infuse the same sense of justice which guided Judge Motley into our own work, and our daily lives. I am pleased to join a bipartisan group of my colleagues in introducing a resolution honoring the life of Judge Constance Baker Motley and I hope this body will move swiftly to its passage.

Mr. OBAMA

Mr. OBAMA. Mr. President, my understanding is that Senator Sessions is going to speak for approximately 10 minutes. I ask unanimous consent to speak as soon as he is finished.

Mr. OBAMA. Mr. President, I request 7 or 8 minutes, but as my esteemed colleague from West Virginia knows, I am happy to defer to him if we do not have enough time before the vote.

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

Mr. OBAMA

Mr. OBAMA. Mr. President, I support the amendment offered by the senior Senator from Arizona. I commend Senator McCain for his leadership on this important issue. This amendment prohibits the cruel, inhuman, or degrading treatment or punishment of persons under custody or control of the U.S. Government. In other words, it outlaws the torture of prisoners by agents of the United States, regardless of their geographic location. I am, and always have been, opposed to the use of torture. I believe that our brave men and women serving in the Armed Forces share this view. Now more than ever, we must make it absolutely clear to our allies and our enemies that the United States does not and will not condone this practice. This amendment does that in no uncertain terms. It acknowledges and confirms existing obligations under our own Constitution and the United Nations Convention Against Torture. Let me be clear on another point. I am committed to fighting terrorism and protecting our citizens and troops at home and abroad. I have the utmost respect, gratitude and admiration for our troops who are fighting on the frontlines of the War on Terror, and I have no intention of undermining the important job that they do. But the use of torture does not enhance our national security. In fact, senior U.S. military officers have argued that practicing torture can place U.S. troops in grave danger--especially if they are taken prisoner. In working to keep our Nation and troops safe, we must not lose sight of this critical truth. The United States should set an example for the international community. Senator McCain's amendment reaffirms a fundamental value of the American people--that torture is morally reprehensible and has no place in this world. I am proud to support this affirmation, and I urge my colleagues to do the same.

Mr. OBAMA

Mr. OBAMA. Mr. President, I rise today to talk about a critical issue--the possibility of an avian influenza pandemic. When I started talking about this 7 months ago, not too many folks paid attention. Perhaps because the shorthand for this looming crisis is the ``bird flu,'' people assume it is just going to get birds and animals sick. In reality, however, what is at stake here is the potential of a pandemic that we have not seen in the United States since 1918. As has already been stated, our top scientists and medical personnel, including the heads of the NIH, CDC, and the Department of Health and Human Services, all agree that it is almost inevitable that an avian flu pandemic will strike. The key question is the extent of the damage, especially in terms of lives lost. The answer to this question will, in large measure, depend on our level of preparedness and the amount of resources we are willing to immediately commit to deal with this looming crisis. After Katrina, I hope we all learned a lesson about the critical value of preparedness. I rise today to introduce, along with Senators Reid, Bayh, and Kennedy, S. 1821, legislation that dramatically enhances the ability of the United States and international community to prevent and respond to an avian flu pandemic. The bill we are introducing today--the Pandemic Preparedness and Response Act or PPRA--incorporates much of my AVIAN Act, and has a number of new and important provisions, that will protect Americans from pandemic flu. The PPRA establishes leadership at the very top level by requiring the President to name a national director for Pandemic Preparedness and Response, who will sit in the executive office. This director will be in charge of all preparedness and response activities at the national level, including coordinating the activities and programs of each Federal agency. It is not enough for the Department of Health and Human Services and Department of Homeland Security to be ready; we must have a commerce plan, a transportation plan, a diplomatic plan aimed at our foreign partners, and a plan for our military personnel and veterans. We have asked this director to procure enough antivirals to cover 50 percent of the populations, and sufficient vaccines and other supplies we need for the Strategic National Stockpile. The director will also create a national tracking and distribution system to ensure the fair and equitable allocation of drugs and vaccines when the pandemic strikes. On the State level, we have asked the Director of the CDC and HRSA to work with States and give them the help they need to make sure they are ready to respond as well. Our success at preventing or containing an outbreak of avian flu will depend on the preparedness of our State and local partners. Understanding that international collaboration and cooperation is key to surveillance and quick response, we have created an international pandemic fund, and requested the Secretary of State develop and implement a diplomatic policy aimed at the Southeast and East Asian countries. Senator Lugar and I have been hard at work on this last point for months. Finally, we recognize that this Nation will never have enough vaccines, or the ability to produce sufficient vaccines, if we don't create the incentives for more drug manufacturers to get into the vaccine business. We just have three domestic flu vaccine manufacturers, and that is unacceptable. This bill authorizes the Secretary to enhance vaccine production capacity by creating a guaranteed market for seasonal flu vaccine through a Federal buyback program for unsold doses of seasonal flu vaccine. It also increases public education and outreach activities for Americans, to stimulate demand for the seasonal flu vaccine. An outbreak of the avian flu could occur in a year, 5 years, 10 years, or if we were incredibly lucky not happen at all. But the one good thing about investing in measures to deal with this looming crisis is--and I will end on this point--if we spend the money now, it will pay dividends, even if this particular strain of the avian flu outbreak does not occur. Why is this the case? This is not--no pun intended--a case of Chicken Little. The risk of some sort of pandemic, and the mutations of flus for which we have no immunity, is almost inevitable. The H5N1 strain may not be the strain that leads to a full blown pandemic. But, another strain could easily come along and cause serious damage in the future. My point is this: undertaking these measures is going to be a wise investment that will help protect the lives of millions of people here in the United States and across the globe. This legislation gets at the heart of this issue.

Mr. OBAMA

Mr. OBAMA. Mr. President, I rise today to talk about a critical issue--the possibility of an avian influenza pandemic. When I started talking about this 7 months ago, not too many folks paid attention. Perhaps because the shorthand for this looming crisis is the ``bird flu,'' people assume it is just going to get birds and animals sick. In reality, however, what is at stake here is the potential of a pandemic that we have not seen in the United States since 1918. As has already been stated, our top scientists and medical personnel, including the heads of the NIH, CDC, and the Department of Health and Human Services, all agree that it is almost inevitable that an avian flu pandemic will strike. The key question is the extent of the damage, especially in terms of lives lost. The answer to this question will, in large measure, depend on our level of preparedness and the amount of resources we are willing to immediately commit to deal with this looming crisis. After Katrina, I hope we all learned a lesson about the critical value of preparedness. I rise today to introduce, along with Senators Reid, Bayh, and Kennedy, S. 1821, legislation that dramatically enhances the ability of the United States and international community to prevent and respond to an avian flu pandemic. The bill we are introducing today--the Pandemic Preparedness and Response Act or PPRA--incorporates much of my AVIAN Act, and has a number of new and important provisions, that will protect Americans from pandemic flu. The PPRA establishes leadership at the very top level by requiring the President to name a national director for Pandemic Preparedness and Response, who will sit in the executive office. This director will be in charge of all preparedness and response activities at the national level, including coordinating the activities and programs of each Federal agency. It is not enough for the Department of Health and Human Services and Department of Homeland Security to be ready; we must have a commerce plan, a transportation plan, a diplomatic plan aimed at our foreign partners, and a plan for our military personnel and veterans. We have asked this director to procure enough antivirals to cover 50 percent of the populations, and sufficient vaccines and other supplies we need for the Strategic National Stockpile. The director will also create a national tracking and distribution system to ensure the fair and equitable allocation of drugs and vaccines when the pandemic strikes. On the State level, we have asked the Director of the CDC and HRSA to work with States and give them the help they need to make sure they are ready to respond as well. Our success at preventing or containing an outbreak of avian flu will depend on the preparedness of our State and local partners. Understanding that international collaboration and cooperation is key to surveillance and quick response, we have created an international pandemic fund, and requested the Secretary of State develop and implement a diplomatic policy aimed at the Southeast and East Asian countries. Senator Lugar and I have been hard at work on this last point for months. Finally, we recognize that this Nation will never have enough vaccines, or the ability to produce sufficient vaccines, if we don't create the incentives for more drug manufacturers to get into the vaccine business. We just have three domestic flu vaccine manufacturers, and that is unacceptable. This bill authorizes the Secretary to enhance vaccine production capacity by creating a guaranteed market for seasonal flu vaccine through a Federal buyback program for unsold doses of seasonal flu vaccine. It also increases public education and outreach activities for Americans, to stimulate demand for the seasonal flu vaccine. An outbreak of the avian flu could occur in a year, 5 years, 10 years, or if we were incredibly lucky not happen at all. But the one good thing about investing in measures to deal with this looming crisis is--and I will end on this point--if we spend the money now, it will pay dividends, even if this particular strain of the avian flu outbreak does not occur. Why is this the case? This is not--no pun intended--a case of Chicken Little. The risk of some sort of pandemic, and the mutations of flus for which we have no immunity, is almost inevitable. The H5N1 strain may not be the strain that leads to a full blown pandemic. But, another strain could easily come along and cause serious damage in the future. My point is this: undertaking these measures is going to be a wise investment that will help protect the lives of millions of people here in the United States and across the globe. This legislation gets at the heart of this issue.

Mr. OBAMA

Mr. OBAMA. I am happy to defer to Senator Stevens if he has something he would like to say.

Mr. OBAMA. Mr. President, I thank the distinguished Senator from Alaska. I will try to be brief. I just want to offer my strong support for the amendment Senator Harkin is going to propose and state why I think this is such an important issue. Let me first say, that I am generally of the view that we should not be tacking on unrelated amendments to the defense bills. The money in this legislation is badly needed by our men and women in uniform and I do not want to slow this bill down. But, this amendment dealing with the avian flu pandemic is so important to our public health security--and our national security--so important to the lives of millions of people around the world, that it simply cannot wait. In fact, the situation is so ominous that Dr. Julie Gerberding, the Director of the CDC, said that an avian flu outbreak is ``the most important threat that we are facing [today].'' In light of these developments, I believe it is worth the U.S. Senate spending just a few hours on this critical issue, even if it is not directly related to the underlying legislation. Over the last few months, we have heard alarming reports from countries all over Asia--Indonesia, China, Vietnam, Thailand--about deaths from the avian flu. International health experts say that two of the three conditions for an avian flu pandemic in Southeast Asia already exist. First, a new strain of the virus, called H5N1, has emerged and humans have little or no immunity. Second, this strain has shown that it can jump between species. The last condition--the ability for the virus to travel efficiently from human to human--has not been met, and it is the only thing preventing a full blown pandemic. Once this virus mutates and can be transmitted from human to human, because of global trade and travel, we will not be able to contain this disease. We learned this lesson from SARS, which took less than 4 months to get from Asia to Canada, where it caused human and economic devastation. When I started talking about this issue 7 months ago, many people thought that the avian flu was a mild concern, an Asian problem, an unlikely threat to Americans here in the U.S. As time has progressed, the Nation's top scientists and experts have focused greater attention on the possibilities of an avian flu pandemic, and they have rapidly come to consensus that it is not a matter of if the pandemic will hit but when? It is not a question of whether will people die but how many? And the main question, the question that keeps me awake at night, is whether the United States will be able to deal with this calamity? From what we have seen with the lack of readiness and dismal response to Hurricane Katrina, I think that all of us would have to conclude that the answer, at this point in time, is no. Whether we are talking about having adequate surveillance capacities in our State and local health departments, having enough doctors and hospital beds and medical equipment for infected individuals, or having a vaccine or treatment that is guaranteed to work, I don't want to be an alarmist, but here in the U.S., we are in serious trouble. Several of us here in the Congress--on a bipartisan basis--have taken the first steps needed to address this looming crisis. In April of this year, I introduced the AVIAN Act, S. 969 that would increase our preparedness for avian flu pandemic. Senators Lugar and Durbin and several others have cosponsored this act and I thank them for that. We need to move this bill as quickly as possible. In May, I and Senators Lugar, McConnell, and Leahy included $25 million for avian flu activities as part of the Iraq supplemental. Today, this money is helping the World Health Organization to step up its international surveillance and response efforts. In July, I included an additional $10 million to combat avian flu in the Foreign Operations assistance bill. That bill is currently in conference, and I hope this funding will be retained. I am also working with Senate Defense authorizers on an amendment to require the DOD report to Congress on its efforts to prepare for pandemic influenza. This report must address the procurement of vaccines, antivirals and other medicine; the protocols for distributing such vaccines or medicine to high priority populations; and how the DOD intends to work with other agencies, such as HHS and State, to respond to pandemic flu. Today, with leadership by Senator Harkin, we are introducing an amendment to the DOD appropriations bill to provide $3.9 billion in emergency funds for avian flu activities. Senator Harkin has already outlined what this amendment does, so I will not rehash what he has already said. The bottom line is that this amendment needs to be passed and passed as quickly as possible. I know that $3.9 billion is a lot of money--especially given our fiscal situation today. But this is one issue on which we cannot be penny-wise and pound-foolish. If we don't invest the money now, this pandemic will hit America harder, more lives will be lost, and we will have to spend significantly more in resources to respond after the fact. As we learned the hard way after Hurricane Katrina, the failure to prepare for emergencies can have devastating consequences. This nation must not be caught off guard when faced with the prospect of the avian flu. This amendment will help the Federal agencies to prepare the Nation to prevent and respond to avian flu. America is already behind in recognizing and preparing for a potentially deadly and economically devastating avian flu pandemic that public health experts say is not a matter of if but when. We must face the reality that in this age when you can get on a plane in Bangkok and arrive in Chicago in hours, this is not a problem isolated half a world away but one that could impact us right here at home. The need is great, and the time to act is way overdue. I urge my colleagues to vote ``yes'' and support this amendment. To reiterate, Senators Lugar, McConnell, and Leahy already worked with me to include $25 million for avian flu activities as part of the Iraq supplemental. I included an additional $10 million to combat avian flu in the foreign operations assistance bill. But as Senator Harkin noted, we need much more based on the briefing we received from the administration yesterday. We have to move now on this issue. It has to be moved rapidly. We have to build an infrastructure to create vaccines and to purchase enough antiviral drugs. I strongly urge that on a bipartisan basis we make this one of our top priorities. This is a crisis waiting to happen. If we are not prepared for it now, we will all be extraordinarily sorry. The only other comment I will make is, I know times are tough with respect to our budget. I am working with my colleagues across the aisle to figure out ways we can come up with the money for Katrina and Iraq. This is a sound investment. If we don't make this investment now, we will pay much more later. So I hope the amendment Senator Harkin is going to offer will get bipartisan support and receive the utmost consideration from this Chamber. Thank you very much, Mr. President.

Mr. OBAMA

Mr. OBAMA. Mr. President, I rise today to call attention to an important step towards progress for Afro-descendants in Colombia, and an important opportunity for Afro-descendants throughout Latin America. I wish to commend the work of my colleagues in the Congressional Black Caucus on this issue, as well as the tireless efforts of nongovernmental organizations and religious groups both here and in Colombia. This August, President Uribe of Colombia created a cabinet-level position on Afro-Colombian issues, and appointed an Afro-Colombian to fill the post. The creation of this position is especially significant because it signals both a recognition of the severity of the situation of Afro-descendants in Colombia and a willingness to address these inequalities. At the same time, many of us recognize that this is only a first step and much more needs to be done. I will be monitoring the progress of this office very closely in the coming months, and I especially look forward to the development of President Uribe's Committee on Civil Rights and Sustainable Development for Afro-Colombians. It is my hope that this institution will have the resources and mandate to do an effective job of bringing some measure of equality and justice to a marginalized segment of Colombian society. It is my hope that this will encourage other governments in Latin America to consider taking additional measures to address racial discrimination, as well as economic and social marginalization, faced by Afro-descendants in their countries. In the wake of Hurricane Katrina, our own country is being awakened to a great divide in our midst. As we struggle with troubling intersections of race and class, and how we have failed the most vulnerable members of our population, I hope we will be able to take a moment to reflect on similar struggles in places such as Colombia, Ecuador, Brazil and Venezuela. While I realize that Colombia continues to face many challenges--from human rights to narco-trafficking--I wanted to bring some good news, that is often overlooked, about the country of Colombia to the attention of the Senate. I applaud these efforts.

Mr. OBAMA

Mr. OBAMA. Thank you very much, Mr. President. I will be brief. I know we have gone way over the time here today. Mr. President, in the midst of so much difficulty that our Nation is facing--Katrina and Rita, the ongoing challenges in Iraq and Afghanistan--I recognize it is hard to get the public, the leadership in Congress, and senior administration officials to focus on yet one more challenge. But as has already been stated by the Democratic leader, Harry Reid, and my senior colleague, the minority whip, Senator Dick Durbin, this is a crisis to which the entire country simply must awaken itself. When I started talking about this 7 months ago, not too many folks paid attention. Perhaps because the shorthand for this looming crisis is the ``bird flu,'' people assume it is just going to get birds and animals sick. In reality, however, what is at stake here is the potential of a pandemic that we have not seen in the United States since 1918, 1919. As has already been stated here tonight, our top scientists and medical personnel, including the heads of the NIH, CDC, and the Department of Health and Human Services, all agree that it is almost inevitable that an avian flu pandemic will strike. The key question is the extent of the damage, especially in terms of lives lost. The answer to this question will, in large measure, depend on our level of preparedness and the amount of resources we are willing to immediately commit to deal with this looming crisis. Over the last few months, we have seen alarming reports from countries all over Asia--Indonesia, China, Vietnam, Thailand, and Russia, just to name a few--about deaths that have resulted from the avian flu. The situation has turned so ominous that Dr. Julie Gerberding, the Director of the CDC, said that an avian flu outbreak is ``the most important threat that we are facing [today].'' International health experts say that two of the three conditions for an avian flu pandemic in Southeast Asia already exist. First, a new strain of the virus, called H5N1, has emerged, and humans have little or no immunity to it. Second, this strain has demonstrated the ability to jump between species. The only thing preventing a full blown pandemic is a lack of efficient transmission of this strain from human to human. Once that happens, as a consequence of international travel and commerce, there is not going to be any way to effectively contain this pandemic. Moreover, the news on this last point is not good. In recent months, the virus has been detected in mammals that have never previously been infected, including tigers, leopards and domestic cats. This suggests that the virus is mutating and could eventually emerge in a form that is readily transmittable among humans. Mr. President, Senator Reid and Senator Durbin both outlined some of the measures that have to be put in place here domestically to protect our population. We have to drastically ramp up our stockpiles of Tamiflu, which, if taken properly, could act as a treatment from the avian flu once a person is infected. Right now, we only have a couple of million doses. We need 80 million to 100 million doses in order to be adequately prepared. That is going to cost us significant amounts of money, as the cost of Tamiflu is approximately $20 per dose. In addition, we are going to have to develop flu vaccines of a sort we have not seen in the past. In order to create sufficient quantities, we are going to have to go push the boundaries of existing technologies and science--going beyond the agricultural mechanisms of developing vaccines that we have used in the past. Third, we are going to make sure that local and State governments understand how urgent this is. We have to ensure there are clear plans, coordination mechanisms, and lines of authority--that will stand up in a time of crisis. Right now, we do not have sufficient plans in place to make sure local and State agencies are able to generate the kinds of rapid responses that are going to be necessary in the case of a flu outbreak. After Katrina, I hope that local and State governments understand they have to work with the Federal agencies more effectively to deal with these kinds of emergencies. Another issue I would mention is that we are going to have to establish international protocols to ensure we can alert ourselves rapidly if we have confirmed cases of human-to-human transmission of the avian flu anywhere in the world. Why do I mention this? If we detect efficient human-to-human transmission, it is likely that we are going to have only weeks before we are going to see those first cases in the United States. This means placing effective trigger mechanisms in all these countries to make sure everyone is cooperating and providing rapid information, which could mean the difference in terms of tens or hundreds of thousands of lives. Now I don't want to suggest that nothing is being done. For example, months ago, Congress, on a bipartisan basis including myself, Senator Lugar, Senator McConnell, and Senator Leahy--included $25 million as part of the Iraq supplemental to make contribute to an urgent WHO appeal on this issue. Today, this money is making a difference in the field trying to set up some of the international measures I just described. I, along with Senators Lugar, Durbin and others, introduced legislation, S. 969, to enhance our ability to deal with this potential crisis. But that was months ago, and we need to broaden the number of people involved in this effort. Moreover, these is are modest first steps. Going forward, we are going to need significantly more resources. I am eager to work with leaders on health issues, including Senator Harkin and Senator Reid, as well as others across the aisle. I hope we can work not only to make sure we have an effective international regime to deal with this problem overseas but that we also invest the time, the energy, and the resources needed to put in place effective measures well before we have a full blown crisis on our hands. An outbreak of the avian flu could occur in a year, 5 years, 10 years, or if we were incredibly lucky not happen at all. But the one good thing about investing in measures to deal with this looming crisis is--and I will end on this point--if we spend the money now, it will pay dividends, even if this particular strain of the avian flu outbreak does not occur. Why is this the case? The risk of some sort of pandemic, and the mutations of flus for which we have no immunity, is almost inevitable. The H5N1 strain may not be the strain that leads to a full blown pandemic. But, another strain could easily come along a cause serious damage in the future. Presently, we simply do not have the public health infrastructure to deal adequately with this contingency. My point is this: undertaking these measures is going to be a wise investment that will help protect the lives of millions of people here in the United States and across the globe. Mr. President, I appreciate your patience very much and look forward to working with you on this issue.

Mr. OBAMA. I am aware of that.

Mr. OBAMA. I was not aware my senior colleague from Illinois was going to speak so I don't want to unnecessarily hold up the entire Chamber.