Mark Pryor

Mr. PRYOR

Mr. PRYOR. Am I correct then that the Schumer-Kyl program is simply trying to address the problem of business method patents of dubious validity that are commonly associated with the Federal Circuit's 1998 decision in State Street Bank v. Signature?

Mr. PRYOR. I would like to clarify some concerns I have about the Schumer-Kyl program that was included in the managers' amendment to the America Invents Act, adopted on March 1. I am specifically concerned that this provision revives an amendment that had been included in previous versions of the bill--that amendment specifically targeted patents related to the Check 21 Act and eliminated the ability of the holder of such patents to collect damages. Is that the purpose of the Schumer-Kyl language?

Mr. PRYOR

Mr. PRYOR. Mr. President, it is with the greatest pleasure that today I honor Snell Prosthetic & Orthotic Laboratory on their celebration of 100 years in business. Started in Little Rock, Snell Laboratory has grown from its earliest years and now has nine offices across the State of Arkansas. Originally called Snell's Limbs and Braces, the company was founded by R. W. ``Pop'' Snell in 1911. With a mission and desire to provide the best possible care to his patients, Pop began handcrafting each custom-fitted artificial limb out of rawhide and red willow. Through both World Wars, the business continued to blossom as standards and practices evolved from the company's earliest days. Both the fields of prosthetics and orthotics have revolutionized since Pop opened his doors 100 years ago, and his company continues to be at the forefront of this industry. Frank Snell, a great-nephew of the original founder, continues the family commitment to restoring the highest mobility and function to patients as the company's current president. With his eye on the future, Frank moved the company to its current Little Rock location in 1986 and began the expansion across the rest of the State. With more offices, Snell Laboratory was able to expand while providing high- quality customer service to more Arkansas communities. Snell's commitment to the community extends beyond working in the office. Snell employees frequently donate their time to such worthy organizations as Easter Seals Arkansas, the American Diabetes Association, and the Baptist Health Foundation. Efforts by Snell employees landed the company the 2008 Arkansas Community Foundation Corporate Philanthropy Award. As the company continues to evolve, I know it will continue demonstrating a strong commitment to service in Arkansas both in and out of the office. I ask my colleagues to join me today in congratulating Snell Prosthetic & Orthotic Laboratory on its 100th anniversary and in wishing the company another 100 years of success.

Mr. PRYOR

Mr. PRYOR. Mr. President, I rise today to support the nomination of Paul K. Holmes--in Arkansas we call him P.K. Holmes--for the district court judgeship in western Arkansas. A lot of times when you stand here at this moment in a nomination, it is like making a closing argument. But in this particular case there is no argument; everybody is for him. The American Bar Association, Democrats, Republicans, plaintiffs, defendants, everybody in Arkansas is for him. He has been an Arkansas Lawyer of the Year. He has been the Western District U.S. Attorney. He is a partner in Warner, Smith and Harris. P. K. Holmes has an outstanding record and outstanding reputation. He likes to talk about the fact that he has a small town general practice, and that is true. He has handled a little bit of everything, but he has always done it with integrity. He has an outstanding reputation in Arkansas as a lawyer and a great member of the community. I would hope all of my colleagues support this nomination. I yield the floor.

Mr. PRYOR

Mr. PRYOR. I thank the Senator from Oklahoma.

Mr. PRYOR. Mr. President, I come to the floor to honor a great man, a great Arkansan and a great American, Donald John Tyson. Don Tyson was one of the three iconic Arkansans who helped move our State forward. Don Tyson, Sam Walton, and J.B. Hunt transformed the northwest part of our State and made Arkansas a mecca for business.

Mr. PRYOR

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

Mr. PRYOR. Mr. President, I thank my colleague from Oklahoma. I know he has been gracious enough to allow me to speak in front of him. My speech today, hopefully, will be fairly short, but I do want to raise something that I think is of critical importance to the country. (The remarks of Mr. Pryor pertaining to the introduction of S. 256 are printed in today's Record under ``Statements on Introduced Bills and Joint Resolutions.'')

Mr. PRYOR. I yield the floor.

Mr. PRYOR

Mr. PRYOR. Mr. President, we know we need to focus on cutting our spending. We know we need to focus on the tax reform effort. I think everybody generally agrees on that. Although they may disagree on what the particulars would be, they agree we need to do those two things. The third thing we also must do is to focus on the economy and jobs. This is something that we have seen in this country over the last 2\1/ 2\ years, where we have gone through a very harsh, very difficult recession and we have seen an unemployment number that stays stubbornly high. We have seen a lot of topsy-turvy economic numbers over the last 2\1/2\ years, and I believe the Congress--the House and Senate--and the White House need to set the table for job creation and economic growth in this country, and we need to do it in a very smart way. Today, I am here to talk about the angel investment tax credit bill I am introducing. I want to encourage my colleagues to consider reading the bill and becoming cosponsors. I would love to be working on this over the next few weeks to get a broad base of support and to get as much emphasis on this effort as possible right now. It is one of many job-creating pieces of legislation I am interested in in this Congress, but I would love to get as many colleagues as possible interested now to look at this and see if it is something we could pass sooner, rather than later, around here. The angel investment tax credit is modeled after the new market tax credit, and it would provide a 25-percent Federal income tax credit for investing in qualified early-stage small businesses. The focus will be on advanced manufacturing, aerospace, biotechnology, clean energy, and transportation. The bill would provide that up to $2 million per year in tax credit-eligible cash equity investments could be made, with a total of $10 million per small company. The goal would be that for every $1 we put in, there would be $4 of private-sector stimulus. This is the private sector getting back on its feet with a little bit of grease provided by the government to get things going in the right direction through the Tax Code. The bill I have written would authorize $500 million per year for 5 years for these tax credits. As I said, this proposal is expected to stimulate $2 billion per year in new capital formation. Let me give one quick example of how this can work. All these companies on this chart here started with an angel investment to get over the hump. What happens is someone will have a good idea. They think they can innovate, they think they can produce, they think they can have value in the marketplace, but they can't get the capital in order to get established. They can't quite get over the hump. J. B. Hunt company is now a $5 billion company. It employs 14,500 people and has 400 facilities in 48 States. In 1961, J. B. Hunt had an idea and he went to five poultry company executives with his hat in his hand asking for money. They gave him $25,000 in seed money, and that is what he has done with that company throughout the course of his lifetime. There are lots of examples of folks like that--HP; there is a company in Arkansas called NanoMech, BlueInGreen, and other companies we have seen do this. But many of these companies are very much household names--Google, Facebook, Amazon, eBay, and Apple. All of these companies started with angel investment to get them through what they call the valley of death. The valley of death is usually that period where something has gone from the idea stage to the marketplace. They usually need somewhere between $1 million and $4 million to get their ideas to market. Our bill is designed to bridge that gap and cross that valley of death so we can see a lot of startup companies come into the marketplace. We are looking for the next J.B. Hunt, we are looking for the next Apple, or the next Amazon. We are trying to find the next HP, whoever is out there who has great ideas who wants to come in and invest. Angel investment led to the creation of 250,000 jobs in 2009 and 2009 wasn't a great year, but angel investment led to the creation of 250,000 jobs. This represented about 5 percent of all the new jobs in the United States, so this can have a measurable impact. This can move the needle in the right direction. The time is now for us to work on this. I encourage my colleagues on both sides of the aisle to read the legislation. If they are interested, I would like to visit with them about it. I would love to get this bill moving through the system as quickly as possible.

Mr. PRYOR

Mr. PRYOR. Mr. President, we know we need to focus on cutting our spending. We know we need to focus on the tax reform effort. I think everybody generally agrees on that. Although they may disagree on what the particulars would be, they agree we need to do those two things. The third thing we also must do is to focus on the economy and jobs. This is something that we have seen in this country over the last 2\1/ 2\ years, where we have gone through a very harsh, very difficult recession and we have seen an unemployment number that stays stubbornly high. We have seen a lot of topsy-turvy economic numbers over the last 2\1/2\ years, and I believe the Congress--the House and Senate--and the White House need to set the table for job creation and economic growth in this country, and we need to do it in a very smart way. Today, I am here to talk about the angel investment tax credit bill I am introducing. I want to encourage my colleagues to consider reading the bill and becoming cosponsors. I would love to be working on this over the next few weeks to get a broad base of support and to get as much emphasis on this effort as possible right now. It is one of many job-creating pieces of legislation I am interested in in this Congress, but I would love to get as many colleagues as possible interested now to look at this and see if it is something we could pass sooner, rather than later, around here. The angel investment tax credit is modeled after the new market tax credit, and it would provide a 25-percent Federal income tax credit for investing in qualified early-stage small businesses. The focus will be on advanced manufacturing, aerospace, biotechnology, clean energy, and transportation. The bill would provide that up to $2 million per year in tax credit-eligible cash equity investments could be made, with a total of $10 million per small company. The goal would be that for every $1 we put in, there would be $4 of private-sector stimulus. This is the private sector getting back on its feet with a little bit of grease provided by the government to get things going in the right direction through the Tax Code. The bill I have written would authorize $500 million per year for 5 years for these tax credits. As I said, this proposal is expected to stimulate $2 billion per year in new capital formation. Let me give one quick example of how this can work. All these companies on this chart here started with an angel investment to get over the hump. What happens is someone will have a good idea. They think they can innovate, they think they can produce, they think they can have value in the marketplace, but they can't get the capital in order to get established. They can't quite get over the hump. J. B. Hunt company is now a $5 billion company. It employs 14,500 people and has 400 facilities in 48 States. In 1961, J. B. Hunt had an idea and he went to five poultry company executives with his hat in his hand asking for money. They gave him $25,000 in seed money, and that is what he has done with that company throughout the course of his lifetime. There are lots of examples of folks like that--HP; there is a company in Arkansas called NanoMech, BlueInGreen, and other companies we have seen do this. But many of these companies are very much household names--Google, Facebook, Amazon, eBay, and Apple. All of these companies started with angel investment to get them through what they call the valley of death. The valley of death is usually that period where something has gone from the idea stage to the marketplace. They usually need somewhere between $1 million and $4 million to get their ideas to market. Our bill is designed to bridge that gap and cross that valley of death so we can see a lot of startup companies come into the marketplace. We are looking for the next J.B. Hunt, we are looking for the next Apple, or the next Amazon. We are trying to find the next HP, whoever is out there who has great ideas who wants to come in and invest. Angel investment led to the creation of 250,000 jobs in 2009 and 2009 wasn't a great year, but angel investment led to the creation of 250,000 jobs. This represented about 5 percent of all the new jobs in the United States, so this can have a measurable impact. This can move the needle in the right direction. The time is now for us to work on this. I encourage my colleagues on both sides of the aisle to read the legislation. If they are interested, I would like to visit with them about it. I would love to get this bill moving through the system as quickly as possible.

Mr. PRYOR

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

Mr. PRYOR

Mr. PRYOR. Mr. President, today I come to the floor to honor CPT Martin Anthony Riggan, Jr., and his wife Nicole Riggan. Their journey on this Earth was cut short but it was one filled with honor, purpose, and distinction. Anthony was one of those individuals whom everyone knew would grow up to be exceptional, and he did. I have known him since he was a small child. We went to church together. I think it was in maybe the seventh grade when he approached me the first time about going to the U.S. Air Force Academy. I have followed his path since he graduated from Pulaski Academy High School in Little Rock in 2003, where he served as class president, Honor Council president, and was a representative on the Varsity Football Leadership Council. During this time, Anthony received numerous awards for his character, service to others, and hard work. Then he fulfilled his lifelong dream to attend the United States Air Force Academy where he continued to receive accolades for performance and leadership. As a member of the Board of Visitors at the Air Force Academy, I was able to visit the academy from time to time. I enjoyed seeing the facilities and visiting with the brass, but honestly I most enjoyed getting to visit with Anthony in Colorado. During these times, he reminded me about the true definition of selfless service. In his senior year, Anthony was selected to be Group 1 Commander for the Cadet Wing, overseeing 1,200 cadets and their activities. He was also named cadet colonel, the highest rank possible for a cadet at the academy. He shared with me how excited he was to be graduating and how proud he was to serve our Nation in our military. I was proud of all he was achieving and he was certainly representing Arkansas well. Following graduation, Anthony began undergraduate pilot training in Columbus, MS, flying the T-6 Texan, the T-38 Talon and the B-1B Lancer Strategic Bomber. He received the Top Gun Award for Formation Flying and was presented with the Leadership Award by the local Air Force association. Classified as ``exceptionally qualified'' to pilot the B- 1, Anthony was scheduled to deploy this month to Qatar. In life, Anthony's favorite copilot was his wife Nicole. She shared his strong faith and purpose. After graduating from Colorado's Lewis- Palmer High School as valedictorian, Nicole participated in Serteen, a volunteer program for teens and in mission trips to Peru and Guatemala. She went on to study theater education at the University of Northern Colorado, graduating magna cum laude. She pursued her theater career and continued leadership roles in Bible studies and youth groups. During this time, many of Anthony and Nicole's friends and families found guidance through the devotionals they regularly sent. Today we continue to find encouragement and inspiration through the selfless lives they lived. I will miss my friend Anthony and his lovely wife Nicole, and I look forward to the day when I see them again. Mr. President, I yield the floor. Mr. President, I suggest the absence of a quorum.

Mr. PRYOR

Mr. PRYOR. I appreciate the remarks of the chairman and thank him for his help on this matter. His leadership on military issues is invaluable in the U.S. Senate.

Mr. PRYOR. Mr. President, I rise today to speak about an issue related to the fiscal year 2011 National Defense Authorization Act. Chairman Levin has worked incredibly hard to get this bill passed by unanimous consent, and I appreciate his efforts, the efforts of Senator McCain and the efforts of rest of the Armed Services Committee members. In the fiscal year 2010 National Defense Authorization Act, the chairman helped me to include language that would allow for a land exchange between Camp Joseph T. Robinson, which is an Army National Guard facility, and their neighbor, the city of North Little Rock, AR. This land conveyance is in the best interest of the military for a couple of reasons. First, the land that the Arkansas National Guard is giving up is so steep that it cannot be used for mounted or dismounted training. Second, the land cannot be totally secured due to extremely rugged terrain. Lastly, due to the lack of complete security, there is a possibility that a civilian could enter the property and be seriously injured. The land that would be gained by the Arkansas National Guard is well suited for mounted and dismounted training and able to be secured. As all entities were working in good faith toward executing this land exchange, it was brought to my attention that we need one minor adjustment to this language. This adjustment would be a technical correction that would specify that the land exchange is to occur between the city of North Little Rock, AR, and the Military Department of Arkansas, rather than between the city of North Little Rock, AR, and the United States of America. This clarification is necessary since Camp Joseph T. Robinson is an entity of the State of Arkansas rather than an entity of the United States of America. I understand that there was a timing issue this year and a need to pass the bill by unanimous consent in the Senate so we did not have a formal amendment process during consideration of the bill. However, this technical correction is important to Arkansas. I would ask for the chairman's assistance in addressing this issue at the first opportunity next year.

Mr. PRYOR

Mr. PRYOR. Mr. President, let me mention a very abbreviated list of Blanche Lincoln's accomplishments: First woman to chair the Senate Agriculture Committee; first woman to chair the Finance Subcommittee on Social Security Pensions and Family Policy--in fact, the first woman to ever chair a Finance subcommittee--chair of the rural outreach for the Senate Democratic caucus; chair of the Senate hunger caucus; cofounder and cochair of the Third Way; creator of the Delta Regional Authority; author of the 2010 child nutrition bill; a key writer of the 2008 farm bill; author of the refundable child tax credit. Mr. President, I could go on and on, but most of her accomplishments and contributions cannot be measured. As she worked on the Agriculture Committee, the Finance Committee, the Aging Committee, and the Energy Committee, on a countless number of occasions, on amendments and bills, she became the Senator who was the key to passage or defeat. A couple of years ago, I watched a bill that was making its way through the Senate Finance Committee, and there were a lot of people outside of this Chamber who had a vital interest in the outcome of that legislation. Everywhere I would go I would be stopped and asked: Is this bill going to pass? Will it come out of the committee? Will it get through the floor? What I told the folks who asked that back then turned out to be true: As Blanche goes, so goes the Finance Committee, because she was that way on all of her committees. She was the swing vote, the key vote to getting things done in the Senate. Blanche is a role model for many people, especially young women who are interested in government. I remember sitting down with one of my good friends earlier this year and his teenage daughter. We talked about the Senate and politics, history, and Arkansas. As we were winding up the conversation, my friend asked his teenage daughter: Who is your favorite politician? Of course, I sat there and straightened my tie because I thought I knew what the answer would be. Then she said: Blanche Lincoln. And I know why. It is because Blanche represents the best in Arkansas. She represents the best in Arkansas in politics and in government. She is a workhorse, not a showhorse. Blanche gets things done. The other night, with my teenage daughter, I watched some of ``The Wizard of Oz.'' As I was watching it, I was struck that the scarecrow, the tin man, and the lion were looking for three things that Blanche has, and what every Senator needs in large quantities: a brain, a heart, and courage. One of Senator Lincoln's role models she refers to often is Hattie Caraway. Hattie Caraway is not exactly a household name in American politics, but her portrait hangs just outside this Chamber, in the corner, opposite the Ohio Clock. Hattie Caraway of Arkansas was the first woman ever elected to the Senate. There is much to admire about Hattie Caraway as a Senator and as a person, but the one thing that Blanche inherited from Hattie is the pioneer spirit. Even in the first decade of the 21st century, Blanche is the owner of many ``firsts.'' Even though we don't like to admit it, and we are reluctant to talk about it, there is a double standard in politics for women. There just is. I am proud to serve with the largest number of women this Senate has ever seen, and that goes double for my 8 years with Senator Blanche Lincoln. Let me say a brief word about her family. Her husband Steve is an old friend of mine. We trace our roots back to Little Rock Central High School and the University of Arkansas. The Lord has blessed Blanche and Steve with two bright, energetic, athletic, and even sometimes well- behaved sons--and they are great--who are currently freshmen at Yorktown High School in Arlington. They bring their parents much joy. They are also extremely proud of their mother. I have seen firsthand what a wonderful mother she has been and is. I stand in awe. In fact, Blanche is not only a good Senator and a good mother and a good wife--she is much more. She is a good daughter to her mother, who basically runs Phillips County, AK. She is a good sister in her very large family. She is a good member of her community, helping friends, neighbors, and those in need. Blanche is very faithful in her relationship with God, which has given her strength and kept her grounded in good times and in bad. She follows the Golden Rule and puts her faith into action every single day. Simply put, she is a good person. Lastly, Blanche is a good boss. She has drawn to her a very talented and hard-working staff in Washington, DC, and in Arkansas. I know they will always be proud to tell people they worked for Senator Blanche Lincoln. Before I get carried away, there is one minor matter that I believe I need to address. On occasion--rarely, but every so often--Blanche runs a little late. I know many of you are shocked to hear this. Let me tell you why that is. It is because people love Blanche and Blanche loves people, and she is never too busy to stop, to notice, and to listen. She is never too busy to talk to the Capitol Police or to the janitor here or to that family from Idaho who can't figure out the Dirksen building. She takes time for people. And that is one of her attributes that makes her so special, because those people are as important to her as the most powerful Members of the Congress. That is what makes Blanche special. It is hard to find just one word to describe Senator Lincoln--kind, smart, fearless, persistent, knowledgeable, no nonsense, and I could go on. But the one word I would like to focus on today is friend. There are 99 Senators today who consider her a friend. They like her, they like working with her, and they respect her. I have had many Republicans and Democrats say how much they hate to see her leave because she makes this place better. There is a passage in the Bible that says: ``Well done, thou good and faithful servant.'' This applies to Blanche, but not only to the job that she has done here in Senate. It applies to her as a person. There is a lot more to Blanche than just being a Senator. In January, she starts a new chapter. And as much as she will be missed around here, we all have confidence there are many more great things to come. I thank the Chair, and I yield the floor.

Mr. PRYOR

Mr. PRYOR. Mr. President, I rise to support the sense-of-the-Senate resolution offered by Senators Mark Warner and Saxby Chambliss that our Nation's spending and debt levels are on an unsustainable course. In the short term, the economy needs the additional boost that this tax compromise will provide. In the long term, however, our nation must return to a sustainable fiscal path in order for our economy to work effectively. The U.S. economy is still struggling to recover from the worst economic depression in eighty years. Unemployment remains stubbornly high at 9.8 percent, private sector job growth is anemic, and GDP growth is weak. The Federal budget deficit is projected to exceed $1 trillion for the third year in a row, our national debt is $13.8 trillion and rising, and our debt held by foreign countries already exceeds $4 trillion. The National Commission on Fiscal Responsibility and Reform has reported a credible proposal to significantly reduce the growth of the national debt and restore long-term fiscal responsibility. The commission's proposal received a favorable vote from 11 of the 18 commissioners. I believe that a comprehensive plan to reduce the debt over the long term and restore fiscal responsibility must be developed next year. It is in our national interest to stabilize the public debt at less than 60 percent of GDP. Furthermore, comprehensive tax reform is necessary to make the tax code fairer, eliminate special interest tax breaks, and incentivize reinvestment in America. I will continue to work with my Senate colleagues to strengthen our economy and get us back on the path towards a balanced budget. I yield the floor and I suggest the absence of a quorum.

Mr. PRYOR

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

Mr. PRYOR

Mr. PRYOR. Mr. President, today I wish to share an interesting piece of Arkansas history with my colleagues and the American people. Over the last few centuries, the origin and pronunciation of ``Arkansas'' has been shrouded in a bit of mystery, with many mispronunciations. So to correct any future mistakes before they are made, I submit the following resolution on the proper pronunciation of ``Arkansas.'' After a study by the Arkansas Historical Society and the Eclectic Society of Little Rock, the resolution was introduced and passed by the Arkansas General Assembly in 1881. The resolution was included in an article edited by Margaret Ross that ran in the Arkansas Gazette on December 4, 1960, and reads as follows: Whereas, Confusion of practice has arisen in the pronunciation of the name of our State; and it is deemed important that the true pronunciation should be determined for use in oral official proceedings. And Whereas, The matter has been thoroughly investigated by the State Historical Society, and the Eclectic Society of Little Rock, which have agreed upon the correct pronunciation, as derived from history, and the early usage of the American immigrants. Be it therefore resolved by both houses of the General Assembly, That the only true pronunciation of the name of the State, in the opinion of this body, is that received by the French from the native Indians, and committed to writing in the French word representing the sound; and that it should be pronounced in three syllables with the final `s' silent, the `a' in each syllable with the Italian sound, and the accent on the first and last syllables--being the pronunciation formerly, universally, and now still most commonly used; and that the pronunciation with the accent on the second syllable with the sound of `a' in `man', and the sounding of the terminal `s', is an innovation to be discouraged. Mr. President, I hope my colleagues have found this small piece of Arkansas history as enlightening as I did, and I would hope that any future mispronunciations of ``Arkansas'' be ``an innovation to be discouraged.''

Mr. PRYOR

Mr. PRYOR. Mr. President, today I honor an Arkansan for his contribution to Arkansas and our Nation. Dr. Milo Shult served as vice president of the University of Arkansas's Division of Agriculture for the past 18 years, improving living conditions for many Arkansans and Americans. After so many years of service, he has decided to step down from his position and move to the next chapter of his life. He leaves behind a positive, lasting legacy. While he is stepping down from his current position with the university, he will undoubtedly continue to play an active role in promoting agriculture and enhancing the lives of Americans. The Division of Agriculture at the University of Arkansas, which was headed by Dr. Shult, plays an integral role in improving the lives of individuals all over the State and Nation through its work on campus and in the field. The mission of the division is to enrich the lives of neighbors by drawing on what is learned from research and using outreach skills. They meet this mission by maintaining a strong presence throughout Arkansas, which is critical given the importance of agriculture to our economy and way of life. Agriculture contributes 12 percent of Arkansas's gross State product and is responsible for more than one in every six jobs in the State. We are proud to be ranked in the top 25 among States in the production of 24 agricultural commodities, and we rank in the top 5 for rice, broilers, upland cotton, cottonseed, catfish, turkeys, and sweet potatoes. Becoming such a successful and diverse agriculture State requires an active research and extension service that is innovative and resourceful. Dr. Shult developed a solid division system that currently employs cooperative extension faculty in all 75 counties; agricultural experiment station scientists and extension specialists on 5 university campuses and at 5 research and extension centers; and support personnel at 8 research stations. These employees provide Arkansans with informational resources related to agriculture production and processing; environment, energy and climate; family and youth programs; access to safe and nutritious foods; and community development. These resources serve as tools to positively impact lives and communities in Arkansas and make our Nation and world better. While vice president of the Division of Agriculture, Dr. Shult exhibited excellent leadership ability moving the division forward. Dr. Shult possessed exemplary skill in working with stakeholders and building relationships while executing the division's programs consistent with its mission. The division grew and prospered under his leadership, and it stands poised to meet the many challenges and needs of the 21st century. During his tenure, Dr. Shult oversaw the development of over $72 million in new construction and facility upgrades, including new construction or improvements to every Research Station and Research and Extension Center across the State. Today these facilities are state of the art and the envy of other States and nations. With Dr. Shult at the helm, the division kept with the times and always planned for the future by turning challenges into opportunity. He leaves behind an improved division and an improved State with a vision of where it needs to go to meet future challenges. While I and others will certainly miss Dr. Shult's work at the division, I am excited to know he will remain active in agriculture research, extension and education. Dr. Shult was recently appointed to the National Agricultural Research, Extension, Education and Economics Advisory Board. In this position, Dr. Shult will advise the Secretary of the U.S. Department of Agriculture and land-grant colleges and universities on top national priorities and policies for food and agricultural research, education, extension, and economics. This is a huge compliment to Dr. Shult and is a result of his efforts at the University of Arkansas. He will provide outstanding leadership on the board, and I am sure he will bring a unique perspective that is needed and desired. Dr. Milo Shult is an inspiration and a proven leader of people and organizations. He is a family man with many friends and associates. I have enjoyed working with him in my capacity as U.S. Senator, and I know the entire Arkansas congressional delegation is appreciative of his kindness and genuine efforts. His passion, leadership, and influence greatly increased the readiness and effectiveness of the University of Arkansas's Division of Agriculture. I appreciate his service to the people of Arkansas, and I wish him well in his continued service to our country.

Mr. PRYOR

Mr. PRYOR. Mr. President, due to my airline flight delay traveling back from Arkansas, I inadvertently missed the vote on Senator Johanns' motion to suspend rule XXII for the purpose of proposing and considering his amendment No. 4702 to repeal the 1099 information reporting requirement. I would have voted for Senator Johanns' motion had I been present. (At the request of Mr. Reid, the following statement was ordered to be printed in the Record.)

Mr. PRYOR

Mr. PRYOR. Mr. President, I come to the floor today to introduce legislation with Senator Alexander of Tennessee that I believe will have a dramatic impact on the safety of our Nation's highways and interstates, called the Commercial Driver Compliance Improvement Act. This bill will require the Department of Transportation's Federal Motor Carrier Safety Administration, FMCSA, to implement regulations requiring the use of electronic on-board recording devices, EOBRs, for motor carriers in order to improve compliance with Hours-of-Service, HOS, regulations. Requiring the use of these technologies in motor carriers will not only improve compliance with HOS regulations, but it will also reduce the number of fatigued commercial motor vehicle drivers on the road. This will have a profound impact on highway safety and reduce accidents and fatalities on our highways and interstates. Hours-of-Service regulations place limits on when and how long commercial motor vehicle drivers may drive. These regulations are based on an exhaustive scientific review and are designed to ensure truck drivers get the necessary rest to drive safely. In developing HOS rules the FMCSA reviewed existing fatigue research and worked with nongovernmental organizations like the Transportation Research Board of the National Academies and the National Institute for Occupational Safety. HOS regulations are designed to continue the downward trend in truck driving fatalities and maintain motor carrier operational efficiencies. Unfortunately, compliance with HOS regulations is often spotty due to inaccurate reporting by drivers as they are only required to fill out a paper log, a tracking method that dates back to the 1930s. Inaccurate reporting may result from an honest mistake or an intentional error by a driver seeking to extend his work day. These inaccuracies can lead to too much time on the road leaving the driver fatigued and placing other drivers at risk. After listening to the many interest groups and experts on this issue in meetings and Commerce, Science and Transportation Committee hearings, I have come to learn that there is an available and affordable 21st century technology that can ensure accurate logs, enhance compliance, and reduce the number of fatigued drivers on the road. They are being used today, and they are producing results. I believe that widespread utilization of these devices as soon as possible will significantly reduce further loss of life resulting from driver fatigue. Our legislation will require motor carriers to install in their trucks an electronic device that performs multiple tasks to ensure compliance with HOS regulations. These devices must be engaged to the truck engine control module and capable of identifying the driver operating the truck, recording a driver's duty status, and monitoring the location and movement of the vehicle. Requiring electronic log books that are integrally connected to the vehicle engine as this bill requires will dramatically increase the accuracy of information submitted for hours of service compliance. Our bill will also require these recording devices to be tamper resistant and fully accessible by law enforcement personnel and federal safety regulators only for purposes of enforcement and compliance reviews. While I understand that some drivers may be reluctant to transition to electronic logging devices, I strongly believe that the safety benefits of the use of these devices far outweigh the costs. I don't want to see more lives lost due to driver fatigue resulting from log book manipulation. I also believe that with the rapid development of electronic technology, especially in the wireless telecommunications area, we will see strong competition among EOBR manufacturers and reduced costs for these technologies. In addition, the price of these products should go down as the demand increases through regulatory requirement to utilize this equipment. In order to protect the privacy of the driver, an issue which I know is a major concern among truck drivers, this legislation would explicitly provide privacy protections for use of information beyond enforcement and compliance monitoring. Ownership of data is protected for the owner of the vehicle or the person entitled to possession of the vehicle as the lessee. Senator Alexander and I are not alone in calling for this technology to be more widely used by commercial vehicles. There are a number of Senators, including Senator Lautenberg, who have long been strong proponents of implementing the use of this technology. In addition, multiple federal agencies and nongovernmental organizations have recognized the benefits of this technology and called for its widespread use. For example, Mr. Francis France of the Commercial Vehicle Safety Alliance witness stated at the April 28, 2010, Senate Committee on Commerce, Science, and Transportation hearing on Oversight of Motor Carrier Safety Efforts that: All motor vehicles should be equipped with EOBRs to better comply with Hours of Service laws . . . CVSA has been working with a broad partnership to help provide guidance to achieve uniform performance standards for EOBRs. Similarly, the Chairman of the National Transportation Safety Board, the Honorable Deborah Hersman, stated at the same hearing that: For the past 30 years, the NTSB has advocated the use of onboard data recorders to increase Hours of Service compliance . . . the NTSB recommended that they be required on all commercial vehicles. During the same hearing, Ms. Jacqueline S. Gillan, with the Advocates for Highway and Auto Safety stated that: We regard the mandatory, universal installation and use of EOBRs as crucial to stopping the epidemic of hours of service violations that produce fatigued, sleep-deprived commercial drivers . . . at very high risk of serious injury and fatal crashes. I have also heard from Administrator Ferro of the FMCSA on her thoughts of how EOBRs would enhance compliance and improve highway safety. The FMCSA recently implemented a rule to require that these devices be mandated for truck drivers and trucking companies that have been found to be noncompliant with FMCSA rules. These rules will be effective in June 2012. It is my understanding that they are looking to expand these requirements to include more motor carriers, and I support those efforts as they reflect the qualities and intent of this legislation. Finally, in addition to the support from safety advocates and Federal transportation safety officials, I have also heard from a number of Arkansas trucking companies currently utilizing this technology. These companies have experienced reductions in driver fatigue, increases in compliance, and reductions in insurance premiums. The executives of these companies, which include J.B. Hunt and Maverick U.S.A. among others, support the expanded use of these devices to increase compliance, improve highway safety, and level the playing field among the industry. I agree with their views on the importance of widespread utilization of this safety and compliance device. The Commercial Driver Compliance Improvement Act, if enacted, will require the Department of Transportation to issue regulations within 18 months from enactment to require commercial motor vehicles used in interstate commerce to be equipped with electronic onboard recorders for purposes of improving compliance with hours of service regulations. The regulation will apply to commercial motor carriers, commercial motor vehicles, and vehicle operators subject to both hours of service and record of duty status requirements three years after the date of enactment of this act. This population represents a vast majority of drivers and carriers who operate trucks weighing 10,001 pounds or more involved in interstate commerce. It will cover one hundred percent of over-the-road, long-haul truck drivers. I urge my colleagues in the Senate to recognize the importance of this technology in saving lives on our nation's highways and interstates. I also ask for their support for this legislation and help in moving it to the President as quickly as possible. While I understand our time in the 111th Congress is quickly shrinking as the number of legislative days are limited, it is my hope that we move this legislation through the Senate no later than the Surface Transportation Reauthorization legislation that the Senate will take up in the near future. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. PRYOR

Mr. PRYOR. Mr. President, I come to the floor today to introduce legislation with Senator Alexander of Tennessee that I believe will have a dramatic impact on the safety of our Nation's highways and interstates, called the Commercial Driver Compliance Improvement Act. This bill will require the Department of Transportation's Federal Motor Carrier Safety Administration, FMCSA, to implement regulations requiring the use of electronic on-board recording devices, EOBRs, for motor carriers in order to improve compliance with Hours-of-Service, HOS, regulations. Requiring the use of these technologies in motor carriers will not only improve compliance with HOS regulations, but it will also reduce the number of fatigued commercial motor vehicle drivers on the road. This will have a profound impact on highway safety and reduce accidents and fatalities on our highways and interstates. Hours-of-Service regulations place limits on when and how long commercial motor vehicle drivers may drive. These regulations are based on an exhaustive scientific review and are designed to ensure truck drivers get the necessary rest to drive safely. In developing HOS rules the FMCSA reviewed existing fatigue research and worked with nongovernmental organizations like the Transportation Research Board of the National Academies and the National Institute for Occupational Safety. HOS regulations are designed to continue the downward trend in truck driving fatalities and maintain motor carrier operational efficiencies. Unfortunately, compliance with HOS regulations is often spotty due to inaccurate reporting by drivers as they are only required to fill out a paper log, a tracking method that dates back to the 1930s. Inaccurate reporting may result from an honest mistake or an intentional error by a driver seeking to extend his work day. These inaccuracies can lead to too much time on the road leaving the driver fatigued and placing other drivers at risk. After listening to the many interest groups and experts on this issue in meetings and Commerce, Science and Transportation Committee hearings, I have come to learn that there is an available and affordable 21st century technology that can ensure accurate logs, enhance compliance, and reduce the number of fatigued drivers on the road. They are being used today, and they are producing results. I believe that widespread utilization of these devices as soon as possible will significantly reduce further loss of life resulting from driver fatigue. Our legislation will require motor carriers to install in their trucks an electronic device that performs multiple tasks to ensure compliance with HOS regulations. These devices must be engaged to the truck engine control module and capable of identifying the driver operating the truck, recording a driver's duty status, and monitoring the location and movement of the vehicle. Requiring electronic log books that are integrally connected to the vehicle engine as this bill requires will dramatically increase the accuracy of information submitted for hours of service compliance. Our bill will also require these recording devices to be tamper resistant and fully accessible by law enforcement personnel and federal safety regulators only for purposes of enforcement and compliance reviews. While I understand that some drivers may be reluctant to transition to electronic logging devices, I strongly believe that the safety benefits of the use of these devices far outweigh the costs. I don't want to see more lives lost due to driver fatigue resulting from log book manipulation. I also believe that with the rapid development of electronic technology, especially in the wireless telecommunications area, we will see strong competition among EOBR manufacturers and reduced costs for these technologies. In addition, the price of these products should go down as the demand increases through regulatory requirement to utilize this equipment. In order to protect the privacy of the driver, an issue which I know is a major concern among truck drivers, this legislation would explicitly provide privacy protections for use of information beyond enforcement and compliance monitoring. Ownership of data is protected for the owner of the vehicle or the person entitled to possession of the vehicle as the lessee. Senator Alexander and I are not alone in calling for this technology to be more widely used by commercial vehicles. There are a number of Senators, including Senator Lautenberg, who have long been strong proponents of implementing the use of this technology. In addition, multiple federal agencies and nongovernmental organizations have recognized the benefits of this technology and called for its widespread use. For example, Mr. Francis France of the Commercial Vehicle Safety Alliance witness stated at the April 28, 2010, Senate Committee on Commerce, Science, and Transportation hearing on Oversight of Motor Carrier Safety Efforts that: All motor vehicles should be equipped with EOBRs to better comply with Hours of Service laws . . . CVSA has been working with a broad partnership to help provide guidance to achieve uniform performance standards for EOBRs. Similarly, the Chairman of the National Transportation Safety Board, the Honorable Deborah Hersman, stated at the same hearing that: For the past 30 years, the NTSB has advocated the use of onboard data recorders to increase Hours of Service compliance . . . the NTSB recommended that they be required on all commercial vehicles. During the same hearing, Ms. Jacqueline S. Gillan, with the Advocates for Highway and Auto Safety stated that: We regard the mandatory, universal installation and use of EOBRs as crucial to stopping the epidemic of hours of service violations that produce fatigued, sleep-deprived commercial drivers . . . at very high risk of serious injury and fatal crashes. I have also heard from Administrator Ferro of the FMCSA on her thoughts of how EOBRs would enhance compliance and improve highway safety. The FMCSA recently implemented a rule to require that these devices be mandated for truck drivers and trucking companies that have been found to be noncompliant with FMCSA rules. These rules will be effective in June 2012. It is my understanding that they are looking to expand these requirements to include more motor carriers, and I support those efforts as they reflect the qualities and intent of this legislation. Finally, in addition to the support from safety advocates and Federal transportation safety officials, I have also heard from a number of Arkansas trucking companies currently utilizing this technology. These companies have experienced reductions in driver fatigue, increases in compliance, and reductions in insurance premiums. The executives of these companies, which include J.B. Hunt and Maverick U.S.A. among others, support the expanded use of these devices to increase compliance, improve highway safety, and level the playing field among the industry. I agree with their views on the importance of widespread utilization of this safety and compliance device. The Commercial Driver Compliance Improvement Act, if enacted, will require the Department of Transportation to issue regulations within 18 months from enactment to require commercial motor vehicles used in interstate commerce to be equipped with electronic onboard recorders for purposes of improving compliance with hours of service regulations. The regulation will apply to commercial motor carriers, commercial motor vehicles, and vehicle operators subject to both hours of service and record of duty status requirements three years after the date of enactment of this act. This population represents a vast majority of drivers and carriers who operate trucks weighing 10,001 pounds or more involved in interstate commerce. It will cover one hundred percent of over-the-road, long-haul truck drivers. I urge my colleagues in the Senate to recognize the importance of this technology in saving lives on our nation's highways and interstates. I also ask for their support for this legislation and help in moving it to the President as quickly as possible. While I understand our time in the 111th Congress is quickly shrinking as the number of legislative days are limited, it is my hope that we move this legislation through the Senate no later than the Surface Transportation Reauthorization legislation that the Senate will take up in the near future. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. PRYOR

Mr. PRYOR. Mr. President, today I pay tribute to the life, service, and memory of 1SG Nick Bacon, U.S. Army (Ret.). First Sergeant Bacon, the last living Medal of Honor recipient from Arkansas, passed away July 17, 2010, at the age of 64. His life will be remembered not just for his heroic military service, which earned him the prestigious Medal of Honor, but also for his work on behalf of veterans in Arkansas and across this Nation. Narrowly surviving a helicopter crash in his first tour of duty, then Staff Sergeant Bacon volunteered for a second tour of duty in Vietnam; this time he was leading a squad with the 1st Platoon of B Company of the 4th Battalion, 21st Infantry, 11th Infantry Brigade, Americal Division. On August 26, 1968, in an operation west of Tam Ky, Staff Sergeant Bacon and Company B drew heavy resistance from enemy forces. In the ensuing action, Bacon led two platoons in stifling the enemy assault, singlehandedly killing multiple enemy soldiers, destroying an antitank weapon, and directing fire on enemy positions as Company B rescued multiple soldiers trapped to the front. Due to these brave actions, President Nixon awarded Bacon the Medal of Honor on November 24, 1969. The Medal of Honor is the highest military decoration awarded by the U.S. Government. It is reserved for those members of the United States Armed Forces who distinguish themselves ``conspicuously by gallantry and intrepidity at the risk of his or her life above and beyond the call of duty while engaged in an action against an enemy of the United States.'' That definition most certainly fits the heroism that Nick Bacon, then a staff sergeant, took the night of August 26, 1968. Nicky Daniel Bacon was born November 25, 1945, in Caraway, AR. Following his family's move to Arizona, he joined the army to escape the difficulties of farm labor. He forged his mother's signature so that he could join the army at age 17. He served in the U.S. Army from 1963 to 1984, retiring at the rank of first sergeant. First Sergeant Bacon returned home to Arkansas in 1990, where he continued to seek opportunities to serve his community, particularly the men and women of the U.S. military. He was appointed director of the Arkansas Department of Veterans Affairs in 1993 and was essential to the development of the Arkansas State Veterans Cemetery, the Arkansas State Veterans Cemetery Beautification Foundation and the founding of the Arkansas Veterans' Coalition. In addition to his work on behalf of Arkansas veterans, First Sergeant Bacon was a former president of the Congressional Medal of Honor Society. In 2004, he was appointed to serve on the Veterans' Disability Benefits Commission, which made more than 100 recommendations to Congress on ways to improve veteran benefits. I ask that my colleagues join me in recognizing the life and service of 1SG Nick Bacon. I join all Americans in lifting up his wife Tamera, his children, and all his loved ones. First Sergeant Bacon was not only a great Arkansan, but a great American, and I am humbled to express my gratitude for his life and service.

Mr. PRYOR

Mr. PRYOR. Mr. President, today I wish to recognize the service of COL Donald E. ``Ed'' Jackson, Jr., as the Commander of the Little Rock District, U.S. Army Corps of Engineers, from June 28, 2007, to June 15, 2010. Colonel Jackson has been assigned to serve as chief of staff of the 8th U.S. Army in Korea where I have no doubt he will go on to serve our country in a proud and loyal fashion. He has been a pleasure to work with and I wish him well on his next mission. While Commander of the Little Rock District, Colonel Jackson displayed excellent leadership for one of the most diverse Army Corps of Engineer districts in the United States while managing roughly 730 employees, 13 locks and dams, 12 multipurpose lakes and 7 powerplants. Colonel Jackson showed exemplary skill in working with stakeholders, building relationships, and providing necessary leadership to execute the district's programs. Under his command, the district initiated many major projects including construction on Ozark Hydro-electric powerplant rehabilitation and the landmark White River Minimum Flow Project along the Upper-White River Basin. These were not easy assignments, but under his leadership, Arkansas made significant headway. I also commend him for the critical leadership he provided for his neighboring districts to improve quality of service at Corps of Engineers operated campgrounds. And, he did an excellent job of implementing the American Recovery and Reinvestment Act funding for the Little Rock District, which provided much needed investments in aging infrastructure. He did this while also overseeing the operation and maintenance of the McClellan-Kerr Navigation Channel, which is one of our nation's best navigation systems serving as a critical component of our economy. To go along with his service on energy and water infrastructure projects, he played a critical role in overseeing and executing a $750 million program of military construction for the Little Rock Air Force Base and Pine Bluff Arsenal to improve the quality of life and work for our soldiers. Colonel Jackson also developed strong relationships with the Regional Veteran's Administration by assisting with $175 million in projects critical to the healthcare system, and he assumed a new mission by managing the world-wide Air Force Medical Command O&M program with a $180 million budget. In addition to his skills in managing scheduled operations, Colonel Jackson exhibited adaptability and care for the people during local and regional emergencies in different major events. During record Arkansas flooding in the spring of 2008, Colonel Jackson successfully directed the district's management and control of water in the Upper-White River Basin to minimize flood related losses. He also deployed to the State of Texas to assist in the recovery from Hurricane Ike in Galveston, TX. Colonel Jackson is a proven leader of people and organizations. His passion, leadership, and influence have greatly increased the readiness and effectiveness of the Little Rock District. I fully believe that he helped shape the district to meet the future needs of the people of Arkansas. I appreciate his service to the people of Arkansas, and I wish him well in his continued service to our country.