Mark Pryor

Mr. PRYOR

Mr. PRYOR. Madam President, Senators should expect at least two rollcall votes tomorrow to begin at approximately 3:15 p.m. The first two votes will be in relation to the Lincoln amendment No. 2905 regarding executive compensation, to be followed by a vote in relation to the Ensign amendment No. 2927 regarding attorneys fees. We are also working on the next amendments that will be offered, and we are hopeful we will be able to vote on those tomorrow after the 3:15 p.m. votes. Senators will be notified when any additional votes are scheduled.

Mr. PRYOR

Mr. PRYOR. Madam President, I ask unanimous consent that no amendments be in order to the pending amendments prior to the votes on Sunday, December 6.

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 Madam President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. PRYOR

Mr. PRYOR. Madam President, I ask unanimous consent that the Senate proceed to a period for the transaction of morning business, with Senators permitted to speak therein for up to 10 minutes each.

Mr. PRYOR

Mr. PRYOR. Madam President, I ask unanimous consent that when the Senate completes its business today, it adjourn until 12:30 p.m., Sunday, December 6; that following the prayer and the pledge, the Journal of proceedings be approved to date, the morning hour be deemed expired, the time for the two leaders be reserved for their use later in the day, and the Senate resume consideration of H.R. 3590, the health care reform legislation, as provided for under the previous order, with the majority controlling the first 60 minutes and the Republicans controlling the next 60 minutes.

Mr. PRYOR

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

Mr. PRYOR

Mr. PRYOR. Mr. President, today I wish to recognize the National Association of Black Men United, NABMU, and congratulate them for 10 years of dedication to advancing education. The National Association of Black Men United has been instrumental in increasing college students' graduation rates in my home State of Arkansas. Their focus on graduating students at the University of Central Arkansas has sparked expansion to Howard University in the District of Columbia. Furthermore, the National Association of Black Men United was founded on the principle that everyone who attends college should reach the goal of graduation, regardless of race. The purpose is to assist black men in obtaining a bachelor's degree from an accredited college or university. The organization provides men with the tools needed to increase graduation rates and improve economic advancements within the African-American community. These tools include educational forums, workshops, mentorship programs, and financial plans to guide students to graduation. NABMU's vision is to expand across the country, helping individuals in all corners of the United States. NABMU teaches a set of 10 primary responsibilities that encourage students to earn their degree. These responsibilities range from sitting in the front of the classroom, being diligent with their finances, and being responsible for their own actions. Another vital function of the organization is to assist young men in finding careers in the field of their choice. I ask my colleagues to join me in recognizing the National Association of Black Men United and especially their chapter at the University of Central Arkansas for their outstanding work.

Mr. PRYOR

Mr. PRYOR. Mr. President, today I wish to congratulate and thank a true dedicated public servant upon her retirement. Ms. Carol Broadnax, a long-time resident of Alexandria, VA, is retiring on October 2, 2009, after 42 years of service in our Federal Government. I want to recognize Carol's outstanding service to the public, and especially, her 30 years of Federal service at the U.S. Consumer Product Safety Commission. Carol started out at the CPSC as a clerk typist and then as a secretary in the Directorate for Communications under Kenneth Rashid and Bessie Draper at the 18th Street location, and then she moved to the agency's Bethesda, MD, location. There, she worked in the Office of the General Counsel as the secretary for Richard Allen, general law division. Over the course of her long and distinguished Federal career she served as the secretary for the following general counsels: Martin Katz, Daniel Levinson, Acting General Counsel John Mackey, James Lacy, Acting General Counsel Susan Birenbaum, Clement Erhardt, Jerry Thorn, Eric Rubel, Jeffrey Bromme, Michael Solender, William DuRoss and John ``Gib'' Mullan. Since 2005, she has been the administrative officer in the Office of General Counsel at the CPSC to former General Counsel Page Faulk and Acting General Counsel Lowell Martin. Carol currently works for CPSC General Counsel Cheryl Falvey. We congratulate and thank Carol for her enormous contributions to product safety and for her outstanding Federal service.

Mr. PRYOR

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

Mr. PRYOR

Mr. PRYOR. Madam President, I rise today to speak about the fiscal year 2010 Homeland Security Appropriations bill and a program within it which is very important to my home State and also to many other States here in this great Nation. First, I thank the chairman and the ranking member, and their staffs--the staffs, as we know, do so much great work around here--for their leadership and foresight in crafting such an important piece of legislation. I thank the chairman for taking my thoughts and considerations into mind when they drafted this legislation, as well as the thoughts and considerations of many of my colleagues. This has truly been a bipartisan effort and shows the Senate can get good results when we work together. The funding in this bill covers a wide range of activities from protecting our Nation from terrorist events to strengthening our local preparedness and response activities. Today I rise in response to opposition to the Feingold-McCain amendment to strike funding for emergency operations centers. The most fundamental responsibility of government is protecting the lives and safety of the public. Arkansas finds itself as No. 10 on a list of the 59 States and territories and districts with the most presidentially declared major disasters. It is not a welcome ranking, but it is a measurement of the risks Arkansans face. Since 9/11, State and local governments have faced increased emergency preparedness responsibilities and costs for public safety. Now, in the midst of continued all-hazard risks, State and local governments are cutting spending on many critical programs, but emergencies and disasters will not wait for our economy to improve. Reports following Hurricane Katrina's response found multiple flaws in situational awareness, command and control, logistical tracking, and communications. Fully capable emergency operational centers at the State and local level are essential to a comprehensive national emergency management system. EOCs require basic resources to operate smoothly and effectively in a time of crisis. Some of the resources funded through EOCs include a hardened and safe location for emergency management staff, communications for reliable and accurate information gathering, and effective, usable technology for tracking all resources, including personnel and emergency supplies. For example, the city of North Little Rock, AR's Office of Emergency Services will be a recipient of these funds. This office is one of the emergency operations centers tasked with providing disaster assistance and support to a population of over 500,000 people in the central Arkansas area--not just North Little Rock but the entire area. Although the office's current personnel work very hard and are very diligent about providing meaningful services to the area, the age and size of its location limit its ability to house the needed technologies and staff to adequately serve central Arkansas in the event of emergency. Again, we have lots of emergencies there, as we will talk about. These funds will be used to address these limitations and provide the needed safety assurances. Recently it has become popular to attack so-called earmarks. I agree that congressionally directed spending needs to be transparent. I think the Senate has already taken care of that. Its Members should be accountable for the programs they support. I think the Senate has taken care of that as well. I am proud to support funding for emergency operations centers. I also believe the Representatives of the States and the congressional districts have an in-depth understanding of the needs and priorities in their States, rather than employees serving in Federal executive departments and agencies. There is now great accountability in the congressionally directed spending in appropriations bills. The public can easily review congressionally directed spending requests and funding on Web sites fully accessible to the public. In fact, the Constitution gives this authority to the Congress. The Constitution, article I, section 9, says: No money shall be drawn from the Treasury, but in Consequence of Appropriations made by law. That is what we are doing here today and that is what the appropriations process is about, this constitutionally required system we have, where Congress controls the purse strings. For all these reasons, I voice my strong support for the funding in the underlying bill that supports emergency operations centers. I ask my colleagues, very respectfully, even though it is well intended, to oppose the Feingold-McCain amendment. I yield the floor.

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

Mr. PRYOR

Mr. PRYOR. Mr. President, I rise today along with Senator Inhofe to introduce the Fueling America Act of 2009 which will provide incentives for the production and use of natural gas and propane vehicles throughout the United States. In response to high gasoline and diesel fuel prices, consumers have become more interested in alternative fuel vehicles that run on natural gas or propane. These vehicles and aftermarket conversion kits have been available for years, but they have been used mostly in government and private fleets. Very few have been purchased and used by consumers. Larger natural gas and propone vehicles are often used for clean- burning transit buses and delivery trucks. Natural gas and propane are clean, cost-effective alternative fuel choices. Two important potential benefits of increasing the supply of natural gas and propane vehicles are energy security and reduced pollutant and greenhouse gas emissions than comparable gasoline or diesel vehicles. Compared with conventional vehicles, natural gas vehicles produce only 5 to 10 percent of allowable emissions, which means far less greenhouse gases. Thanks to new drilling technologies that are unlocking substantial amounts of natural gas from shale rocks, the nation's estimated gas reserves have surged by 35 percent, according to a study released last week. The report by the Potential Gas Committee, the authority on gas supplies, shows the United States holds far larger reserves than previously thought. Estimated natural gas reserves rose to 2,074 trillion cubic feet in 2008, from 1,532 trillion cubic feet in 2006, when the last report was issued. Increasing the production of natural gas and propane vehicles for both individual and public transportation will provide a huge boost for Arkansas' economy and job growth. Arkansas, with its abundant natural gas resources, has the capability to be a leader in the alternative energy sector and the fight to reduce our country's dependence on foreign oil. Developing the natural gas vehicle and propane industry will help Arkansas' natural gas producers grow and thrive, boosting the State's economy. In Arkansas, the Fayetteville Shale is proving to be a major new find of domestic natural gas. The Center for Business and Economic Research at the University of Arkansas estimates that this shale play will result in about $17.9 billion in economic stimulus and 11,000 jobs for the State. Natural gas and propane vehicles are more fuel efficient and environmentally friendly than their gasoline counterparts, but right now their high cost and lack of infrastructure, such as refueling stations, make them an unrealistic option for the average American. Since the number of natural gas refueling stations is limited only about 400 to 500 publicly available nationwide, compared to roughly 120,000 retail gasoline stations the purchaser of a new natural gas vehicle would likely also install a home refueling system. According to NGVAmerica, a typical home system costs roughly $4,500 plus installation. The Fueling America Act of 2009 will establish a research, development and demonstration program at the Department of Energy to improve cleaner, more efficient natural gas and propane vehicle engines, on-board storage systems, and fueling station infrastructure; require the GSA to report on whether the Federal fleet should increase the number of natural gas and propane vehicles; extend the Clean School Bus Program through 2014; extend tax credits for natural gas and propane refueling property; and extend and increase the consumer tax credit for the purchase of natural gas, propane and bi-fuel vehicles. The Fueling America Act will make it easier and more practical for people to buy these clean, green vehicles. This bill will provide incentives for consumers and industry to purchase new natural gas and propane vehicles, as well as aftermarket conversion kits. At the same time, America can become less dependent on foreign oil, utilize our ample domestic natural gas resources, and create a cleaner environment. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. PRYOR

Mr. PRYOR. Mr. President, I rise today along with Senator Inhofe to introduce the Fueling America Act of 2009 which will provide incentives for the production and use of natural gas and propane vehicles throughout the United States. In response to high gasoline and diesel fuel prices, consumers have become more interested in alternative fuel vehicles that run on natural gas or propane. These vehicles and aftermarket conversion kits have been available for years, but they have been used mostly in government and private fleets. Very few have been purchased and used by consumers. Larger natural gas and propone vehicles are often used for clean- burning transit buses and delivery trucks. Natural gas and propane are clean, cost-effective alternative fuel choices. Two important potential benefits of increasing the supply of natural gas and propane vehicles are energy security and reduced pollutant and greenhouse gas emissions than comparable gasoline or diesel vehicles. Compared with conventional vehicles, natural gas vehicles produce only 5 to 10 percent of allowable emissions, which means far less greenhouse gases. Thanks to new drilling technologies that are unlocking substantial amounts of natural gas from shale rocks, the nation's estimated gas reserves have surged by 35 percent, according to a study released last week. The report by the Potential Gas Committee, the authority on gas supplies, shows the United States holds far larger reserves than previously thought. Estimated natural gas reserves rose to 2,074 trillion cubic feet in 2008, from 1,532 trillion cubic feet in 2006, when the last report was issued. Increasing the production of natural gas and propane vehicles for both individual and public transportation will provide a huge boost for Arkansas' economy and job growth. Arkansas, with its abundant natural gas resources, has the capability to be a leader in the alternative energy sector and the fight to reduce our country's dependence on foreign oil. Developing the natural gas vehicle and propane industry will help Arkansas' natural gas producers grow and thrive, boosting the State's economy. In Arkansas, the Fayetteville Shale is proving to be a major new find of domestic natural gas. The Center for Business and Economic Research at the University of Arkansas estimates that this shale play will result in about $17.9 billion in economic stimulus and 11,000 jobs for the State. Natural gas and propane vehicles are more fuel efficient and environmentally friendly than their gasoline counterparts, but right now their high cost and lack of infrastructure, such as refueling stations, make them an unrealistic option for the average American. Since the number of natural gas refueling stations is limited only about 400 to 500 publicly available nationwide, compared to roughly 120,000 retail gasoline stations the purchaser of a new natural gas vehicle would likely also install a home refueling system. According to NGVAmerica, a typical home system costs roughly $4,500 plus installation. The Fueling America Act of 2009 will establish a research, development and demonstration program at the Department of Energy to improve cleaner, more efficient natural gas and propane vehicle engines, on-board storage systems, and fueling station infrastructure; require the GSA to report on whether the Federal fleet should increase the number of natural gas and propane vehicles; extend the Clean School Bus Program through 2014; extend tax credits for natural gas and propane refueling property; and extend and increase the consumer tax credit for the purchase of natural gas, propane and bi-fuel vehicles. The Fueling America Act will make it easier and more practical for people to buy these clean, green vehicles. This bill will provide incentives for consumers and industry to purchase new natural gas and propane vehicles, as well as aftermarket conversion kits. At the same time, America can become less dependent on foreign oil, utilize our ample domestic natural gas resources, and create a cleaner environment. 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 honor the service of a great Arkansan. Captain Larry G. Robertson will retire at the end of this month after proudly serving in the Arkansas State Police for 32 years, providing protection and assistance to Arkansans across the State. Captain Robertson's record of accomplishment spans three decades. He began his law enforcement career in 1973 as Star City, AR, chief of police before he was commissioned on January 17, 1977, as a state trooper assigned to the highway patrol division, troop E headquartered in Dumas, AR. Robertson distinguished himself in the line of duty and worked his way up the promotion ladder quickly from the rank of sergeant, to lieutenant, and finally, in 1999, to the rank of captain, highway patrol commander, troop F, the largest geographical troop in the State covering nine counties in southeast Arkansas. Under Captain Robertson's leadership as troop F commander, his troopers consistently led the State in DWI arrests and other activities despite having fewer personnel than most other troops. His dedication to keeping his fellow Arkansans safe extended beyond the highway patrol division. During his 30 years of service, he led the Arkansas motor vehicle inspection team and served as a sniper and later commander of troop E special response team. Captain Robertson retires from the Arkansas State Police on June 30, 2009. His commitment to excellence sets an example for not only his fellow law enforcement officers, for whom he is a mentor and friend, but also for those in the civilian community he worked diligently to protect. Although he will be missed in the line of duty, I wish him continued success in his retirement and thank him for his service to our great State of Arkansas.

Mr. PRYOR

Mr. PRYOR. Mr. President, I rise today to introduce legislation with Senators Brownback, Bayh, Isakson, and Chambliss. The Critical Access Flexibility Act of 2009 will return to States the flexibility needed to help preserve local hospitals that serve rural communities. Hospitals are often the largest employers in rural America. They provide much needed jobs and are facing serious financial difficulties during this economic downturn. Without immediate relief, many small hospitals are at serious risk of closure, job loss, or reductions in patient services. Rural areas most often have sicker, older, and poorer populations. In these difficult times, it is crucial that we protect hospitals serving our rural communities. A Critical Access Hospital, CAH, is a hospital that is certified to receive cost-based reimbursement from Medicare. The reimbursement that CAHs receive is intended to improve their financial performance and thereby reduce hospital closures. CAHs are certified under a different set of Medicare conditions of participation that are more flexible than those used for acute care hospitals. In order for a hospital to be classified as a CAH, it must meet a number of conditions including a distance requirement that it must be 35 miles away from the nearest hospital. Prior to enactment of the 2003 Medicare Modernization Act, MMA, hospitals that were designated as ``necessary providers'' by a State could be exempt from the distance requirement. I am joining with Senators Brownback, Bayh, and Isakson today to introduce legislation that restores a state's authority to waive the mileage requirements if all other requirements are met and the State designates the facility as a necessary provider. Existing requirements that cannot be waived include requiring that CAHs be nonprofit or public hospitals in a rural area, offer 24-hour emergency room services, and have no more than 25 acute care inpatient beds. There are at least two communities in my State where changing conditions are threatening small town hospitals, and restoring the flexibility for States to make exemptions for the distance requirement would help residents of these communities continue to be able to receive necessary medical care from a local hospital. I know from talking to my colleagues in the Senate and to health care providers that this is the case throughout rural America. In recent years, there have been legislative efforts for single hospitals to be singled out and granted an exemption to the distance requirement. I believe the best way to address this problem is to have a uniform national policy that gives States the flexibility they need. I want to thank Senators Brownback, Bayh, Isakson, and Chambliss for their work, leadership and support on this very important legislation, and I urge the rest of my colleagues to support this effort.

Mr. PRYOR

Mr. PRYOR. Mr. President, I rise today to introduce legislation with Senators Brownback, Bayh, Isakson, and Chambliss. The Critical Access Flexibility Act of 2009 will return to States the flexibility needed to help preserve local hospitals that serve rural communities. Hospitals are often the largest employers in rural America. They provide much needed jobs and are facing serious financial difficulties during this economic downturn. Without immediate relief, many small hospitals are at serious risk of closure, job loss, or reductions in patient services. Rural areas most often have sicker, older, and poorer populations. In these difficult times, it is crucial that we protect hospitals serving our rural communities. A Critical Access Hospital, CAH, is a hospital that is certified to receive cost-based reimbursement from Medicare. The reimbursement that CAHs receive is intended to improve their financial performance and thereby reduce hospital closures. CAHs are certified under a different set of Medicare conditions of participation that are more flexible than those used for acute care hospitals. In order for a hospital to be classified as a CAH, it must meet a number of conditions including a distance requirement that it must be 35 miles away from the nearest hospital. Prior to enactment of the 2003 Medicare Modernization Act, MMA, hospitals that were designated as ``necessary providers'' by a State could be exempt from the distance requirement. I am joining with Senators Brownback, Bayh, and Isakson today to introduce legislation that restores a state's authority to waive the mileage requirements if all other requirements are met and the State designates the facility as a necessary provider. Existing requirements that cannot be waived include requiring that CAHs be nonprofit or public hospitals in a rural area, offer 24-hour emergency room services, and have no more than 25 acute care inpatient beds. There are at least two communities in my State where changing conditions are threatening small town hospitals, and restoring the flexibility for States to make exemptions for the distance requirement would help residents of these communities continue to be able to receive necessary medical care from a local hospital. I know from talking to my colleagues in the Senate and to health care providers that this is the case throughout rural America. In recent years, there have been legislative efforts for single hospitals to be singled out and granted an exemption to the distance requirement. I believe the best way to address this problem is to have a uniform national policy that gives States the flexibility they need. I want to thank Senators Brownback, Bayh, Isakson, and Chambliss for their work, leadership and support on this very important legislation, and I urge the rest of my colleagues to support this effort.

Mr. PRYOR

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

Mr. PRYOR. Madam President, I ask unanimous consent that the majority leader be permitted to sign any duly enrolled bills and joint resolutions during today's session.

Mr. PRYOR

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

Mr. PRYOR

Mr. PRYOR. Mr. President, I rise today to introduce legislation with Senators Snowe, Nelson of Nebraska, and Wicker. The legislation that we are introducing today is aptly named The Safe Roads Act of 2009, as it will go a long way toward improving the safety of our Nation's roads by closing loopholes that have allowed commercial truck and bus drivers to use and abuse drugs and continue to drive without receiving required treatment necessary to return to duty. The bill is designed to save lives by preventing unnecessary deaths on our Nation's roads. Nearly every day Americans can open their newspapers to learn about a death caused by drivers under the influence of drugs and alcohol. Sometimes, these drivers are behind the wheel of an 18-wheeler or a commercial bus, which due to their size and weight bring a destructive force on any road. On May 8th of this year, the Arkansas Democrat Gazette reported about a commercial bus driver involved in an accident on Interstate 40 near Forrest City, AR, in 2007 that resulted in four fatalities. The driver was reportedly under the influence of amphetamines, one of the substances tested for under Federal Motor Carrier Safety Administration, FMCSA, testing regulations. The driver of this commercial vehicle has been sentenced to jail and four lives were lost as a result of the accident. Some other similar accidents involving truck drivers that have occurred in recent years include: in October 2008, Kane County, IL, a truck driver rear-ended a passenger vehicle killing a woman. The truck driver was indicted for reckless homicide and driving under the influence of narcotics. In January 2008, in Franklin County, AL, a truck driver was arrested for being under the influence of drugs or alcohol after crossing the center line and killing a woman in a head-on accident. In July 2007, in Little Rock, AR, a truck driver killed a family of five in a crash. The driver admitted smoking crack cocaine a few hours before the crash. In May 2007, Centre County, PA, a truck driver ran over a car killing a woman. The driver faces charges including homicide by vehicle while driving under the influence of suspected methamphetamines. While drug abuse among the at least 3.4 million truck drivers in the industry is estimated by FMCSA to only represent 2 to 5 percent of the entire truck driving workforce, that still represents roughly 68,000 truck drivers that have a drug or alcohol abuse problem. That is a high and unacceptable risk that needs to be addressed in a serious fashion. Our goal is to prevent accidents of this nature, and I would like to briefly explain how we intend to do so. Our bill will establish within the FMCSA a national drug and alcohol database and clearinghouse listing positive alcohol and drug test results or test refusals by commercial truck and bus drivers. The bill will expand current drug and alcohol testing regulations to require Medical Review Officers, MROs, and other FMCSA-approved agents conducting already-required testing to report positive test results and test refusals to the FMCSA drug and alcohol clearinghouse. Employers seeking new employees would then be required to not only follow the laws already in place for testing prospective employees, but they would also be required to examine the prospective employees' record in the FMCSA clearinghouse to determine if the prospective employee has recently failed or refused to take a drug and alcohol test. If the prospective employee has a positive test result or test refusal in the clearinghouse, an employer would not be allowed to hire the prospective employee unless it can be proven that he or she has not violated the requirements of the testing program, or that he or she has fully completed a return-to-duty program as required by the testing program. There are major loopholes that exist today in the current drug and alcohol testing regime. Drivers have a tendency to ``job-hop'' after failing drug and alcohol tests, moving from one company to another without reporting past drug and alcohol test failures. Some States have since closed this loophole by establishing clearinghouses similar to our proposal, but not all States have these laws, and they do not do anything to prevent drivers with past drug and alcohol test failures from moving State-to-State to seek and gain employment. Our legislation would go to considerable lengths in closing both of these well-known and well-reported loopholes. Our bill would also provide extensive privacy protection for individuals whose data is collected at the clearinghouse or accessed from the clearinghouse. The bill would provide individuals with the means to challenge records in the clearinghouse and rights of actions against those who misuse information contained in the clearinghouse or accessed from the clearinghouse. The Government Accountability Office, GAO, and the FMCSA have acknowledged these loopholes. Both have published reports describing a national clearinghouse as a feasible, cost-effective measure to address this problem and improve highway safety. In addition, a clearinghouse is something that Congress has examined since implementing drug and alcohol testing requirements in 1995. In 1999, Congress required the FMCSA to evaluate the viability of a national clearinghouse database for positive test results and test refusals, and in 2004 the results of their study supported a need for such a system and revealed the safety benefits that would come from it. As recently as last year, the GAO released a report to Congress titled `Motor Carrier Safety: Improvements to Drug Testing Programs Could Better Identify Illegal Drug Users and Keep Them off the Road' that recommended the establishment of a national database and clearinghouse of drivers who have tested positive or refused to test. There is a clear need to close these well-known loopholes, and I believe our bill goes a long way in that direction. It is my hope that Congress will support this legislation and move forward quickly to enact this legislation. I believe it is an imperative step to enhance drug and alcohol testing requirements and improve pre-employment background reviews to reduce the number of accidents and needless deaths resulting from drivers that are under the influence of these types of substances. I want to thank Senators Snowe, Nelson of Nebraska, and Wicker for their hard work, leadership and support on this very important safety issue, and I urge the rest of my colleagues to support its swift passage.

Mr. PRYOR

Mr. PRYOR. Mr. President, I rise today to introduce legislation with Senators Snowe, Nelson of Nebraska, and Wicker. The legislation that we are introducing today is aptly named The Safe Roads Act of 2009, as it will go a long way toward improving the safety of our Nation's roads by closing loopholes that have allowed commercial truck and bus drivers to use and abuse drugs and continue to drive without receiving required treatment necessary to return to duty. The bill is designed to save lives by preventing unnecessary deaths on our Nation's roads. Nearly every day Americans can open their newspapers to learn about a death caused by drivers under the influence of drugs and alcohol. Sometimes, these drivers are behind the wheel of an 18-wheeler or a commercial bus, which due to their size and weight bring a destructive force on any road. On May 8th of this year, the Arkansas Democrat Gazette reported about a commercial bus driver involved in an accident on Interstate 40 near Forrest City, AR, in 2007 that resulted in four fatalities. The driver was reportedly under the influence of amphetamines, one of the substances tested for under Federal Motor Carrier Safety Administration, FMCSA, testing regulations. The driver of this commercial vehicle has been sentenced to jail and four lives were lost as a result of the accident. Some other similar accidents involving truck drivers that have occurred in recent years include: in October 2008, Kane County, IL, a truck driver rear-ended a passenger vehicle killing a woman. The truck driver was indicted for reckless homicide and driving under the influence of narcotics. In January 2008, in Franklin County, AL, a truck driver was arrested for being under the influence of drugs or alcohol after crossing the center line and killing a woman in a head-on accident. In July 2007, in Little Rock, AR, a truck driver killed a family of five in a crash. The driver admitted smoking crack cocaine a few hours before the crash. In May 2007, Centre County, PA, a truck driver ran over a car killing a woman. The driver faces charges including homicide by vehicle while driving under the influence of suspected methamphetamines. While drug abuse among the at least 3.4 million truck drivers in the industry is estimated by FMCSA to only represent 2 to 5 percent of the entire truck driving workforce, that still represents roughly 68,000 truck drivers that have a drug or alcohol abuse problem. That is a high and unacceptable risk that needs to be addressed in a serious fashion. Our goal is to prevent accidents of this nature, and I would like to briefly explain how we intend to do so. Our bill will establish within the FMCSA a national drug and alcohol database and clearinghouse listing positive alcohol and drug test results or test refusals by commercial truck and bus drivers. The bill will expand current drug and alcohol testing regulations to require Medical Review Officers, MROs, and other FMCSA-approved agents conducting already-required testing to report positive test results and test refusals to the FMCSA drug and alcohol clearinghouse. Employers seeking new employees would then be required to not only follow the laws already in place for testing prospective employees, but they would also be required to examine the prospective employees' record in the FMCSA clearinghouse to determine if the prospective employee has recently failed or refused to take a drug and alcohol test. If the prospective employee has a positive test result or test refusal in the clearinghouse, an employer would not be allowed to hire the prospective employee unless it can be proven that he or she has not violated the requirements of the testing program, or that he or she has fully completed a return-to-duty program as required by the testing program. There are major loopholes that exist today in the current drug and alcohol testing regime. Drivers have a tendency to ``job-hop'' after failing drug and alcohol tests, moving from one company to another without reporting past drug and alcohol test failures. Some States have since closed this loophole by establishing clearinghouses similar to our proposal, but not all States have these laws, and they do not do anything to prevent drivers with past drug and alcohol test failures from moving State-to-State to seek and gain employment. Our legislation would go to considerable lengths in closing both of these well-known and well-reported loopholes. Our bill would also provide extensive privacy protection for individuals whose data is collected at the clearinghouse or accessed from the clearinghouse. The bill would provide individuals with the means to challenge records in the clearinghouse and rights of actions against those who misuse information contained in the clearinghouse or accessed from the clearinghouse. The Government Accountability Office, GAO, and the FMCSA have acknowledged these loopholes. Both have published reports describing a national clearinghouse as a feasible, cost-effective measure to address this problem and improve highway safety. In addition, a clearinghouse is something that Congress has examined since implementing drug and alcohol testing requirements in 1995. In 1999, Congress required the FMCSA to evaluate the viability of a national clearinghouse database for positive test results and test refusals, and in 2004 the results of their study supported a need for such a system and revealed the safety benefits that would come from it. As recently as last year, the GAO released a report to Congress titled `Motor Carrier Safety: Improvements to Drug Testing Programs Could Better Identify Illegal Drug Users and Keep Them off the Road' that recommended the establishment of a national database and clearinghouse of drivers who have tested positive or refused to test. There is a clear need to close these well-known loopholes, and I believe our bill goes a long way in that direction. It is my hope that Congress will support this legislation and move forward quickly to enact this legislation. I believe it is an imperative step to enhance drug and alcohol testing requirements and improve pre-employment background reviews to reduce the number of accidents and needless deaths resulting from drivers that are under the influence of these types of substances. I want to thank Senators Snowe, Nelson of Nebraska, and Wicker for their hard work, leadership and support on this very important safety issue, and I urge the rest of my colleagues to support its swift passage.

Mr. PRYOR

Mr. PRYOR. Mr. President, I rise to offer my support for the amendment on usury from my colleague from Arkansas, Senator Lincoln. As some of you know--not all but some of you--Arkansas has a very strict usury limit in its State constitution, and it is been there for a long time. In fact, it used to be even more restrictive. Back in the 1980s, the people went to the ballot box, and they changed the constitution and made it much less restrictive than it was originally, but it is still very restrictive by national standards. But what has happened nationally has changed things in Arkansas and put Arkansas at a disadvantage. I know there have been bills here like the Gramm-Leach-Bliley Financial Modernization Act in 1999. I know it was well intentioned. I know there were good reasons, good national reasons and good financial reasons and a lot of good reasons to do that. However, what that act did is it preempted the Arkansas State Constitution by permitting in- state banks to charge the same rate of interest as the home State of any out-of-State bank that has a branch in that State. It was not specifically designed for or against Arkansas, but it was in the bill, it was in the law, and it has been the law since 1999. What that did is it, in effect, nationalized the usury rate for banks. Arkansas banks can now charge a higher interest rate than they could before Gramm- Leach-Bliley. The injustice occurs when you look at the lending institutions that are not banks--maybe the State Student Loan Authority, maybe captive finance companies, maybe other types of lenders that are not banks. What has happened is it has worked a hardship, and some of those lenders cannot do business in Arkansas; they cannot afford to. So many small businesses, family-owned businesses such as car dealers and furniture retailers, cannot finance their goods to Arkansas consumers. The Arkansas consumer, if they can do it, maybe goes to a bank or a credit union or some other lending institution, in many cases paying a pretty high interest rate in order to get the money to do business. This hurts the Arkansas business community. It hurts the Arkansas economy. Right now, what has happened is, given the stimulus bill--there are many financing tools in the stimulus bill for constructing roads and schools, for building renewable energy projects, the Build America Bonds, et cetera. But Build America Bonds are not available in our State because of the lack of competitiveness in the bond market. Again, it is our interest rate. Given the financial times we are in, we find we are put at a disadvantage. No one intended this. Congress never did, the White House never did, the Congress back in 1999 did not want this to happen. But it is where we find ourselves today. The people of Arkansas have once again decided to put this issue on the ballot, and they are going to do it. It has been referred out to the people. The legislature made that decision. It is on the ballot. The problem is, it is not until November 2010. So we have a year and a half to try to struggle through this economy with this very difficult, very adverse usury limit in our State. What we are asking, what Senator Lincoln and I are asking, given this amendment, is that we get temporary relief only through November 2010. This is just about an 18-month fix, to give us some relief during this time, get the credit flowing in our State the way it has been able to flow in other States, and let us take advantage of the stimulus bill, the stimulus package, the America Recovery Act we have already passed, that we all benefit in certain ways, to let us in the State of Arkansas have the full benefit. The Governor supports this, and members of the legislature support this. They have asked us to do this for the people of the State of Arkansas. People need to understand what this amendment will do. It will permit the current interest rate not to exceed--once this is passed, the interest rate cannot exceed 17 percent. We are not talking about taking the usury rate completely out of our State law; we are talking about giving us some temporary relief, up to 17 percent. Again, when it comes to some of the financing vehicles, such as student loans and bonds of various types, this is crucial to letting investment happen in our State. There is precedent for this. Congress enacted, several years ago, laws that preempted Arkansas' usury provision for, as I mentioned before, the banking industry and for some other businesses. So we have done this before. Again, I am not sure those laws just affected Arkansas; they probably affected a lot of States. But basically, right now Arkansas is the only State left that needs some relief under the current situation in which we find ourselves. The way it works right now, to let you all know, in our State, the limit for usury--an interest rate in our State is 5.5 percent. And 5.5 percent is a very low rate. It is a historically low rate. But it is because the Fed rate and some of the other things have gone so low. Our rate is tied to those Fed rates, those national rates. Again, in a good economy, in most years that makes sense, but right now it does not. So what Senator Lincoln and I are respectfully asking our colleagues to do is support her amendment, allow it to become law, allow Arkansas this temporary relief, not just to benefit from the stimulus bill we have already passed but also to benefit from--or at least find some relief in this very tight economy, to ease some credit in our State, to help the recovery in our State as we are hoping to find in every other State in the Union. With that, I ask that when we do vote on the Lincoln amendment, we would all support it and that we would help relief come to all 50 States, not just 49 States. Again, this is temporary. It caps the interest rate at 17 percent, which by most standards is a very reasonable cap. It is something that will allow the credit to flow in our State and will allow student loans, the Build America Bond Program to have the full effect they need to have here in Arkansas. With that, I thank my colleagues for their attention.

Mr. PRYOR. Mr. President, I ask unanimous consent to speak for 10 minutes as in morning business.

Mr. PRYOR. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. The PRESIDING OFFICER (Mr. Begich.) Without objection, it is so ordered.

Mr. PRYOR

Mr. PRYOR. Mr. President, today, I come to the floor to honor Cpl William Craig Comstock of Van Buren, AR. His life and service to our country embody the full measure of the Marine Corps motto, ``Semper Fidelis,'' meaning ``always faithful.'' We lost Corporal Comstock when he paid the ultimate sacrifice while serving in Iraq's Anbar Province. Comstock was on his second tour with the 2nd Supply Battalion, Combat Logistics Regiment 25, 2nd Marine Logistics Group, II Marine Expedition Force, Camp Lejeune, NC. Working as an ammunition technician on his first tour in Iraq, he earned a Purple Heart for his bravery after sustaining a gunshot wound in the knee. Ever faithful to his Corps, he volunteered in January to return to Iraq a second time. He told his family he wanted to make that sacrifice for his fellow marines who he knew were eager to return home to see their own. Coporal Comstock was loved by many. Those who knew him remember him for his wide smile, independent spirit, and warm heart. He was proud to be a U.S. marine, and the Marines were proud to have him. His awards include the Sea Service Deployment Ribbon, the Iraq Campaign Medal, the Global War on Terrorism Service Medal, and the National Defense Service Medal. Even before joining the Marines, family, colleagues, and friends say Coporal Comstock lived by the ``Semper Fidelis'' motto. As an Alma High School football star, he played on despite an injured shoulder, refusing to let his teammates down. One of his football teammates, Nick Harrison, will graduate from Marine Corps basic training next month. Harrison's mother said it was Coporal Comstock that inspired her son to enlist. Coporal Comstock was a loyal teammate to his fellow U.S. marines and planned to make a career in military service. Coporal Comstock's memory will live on through his friend Nick Harrison and others like him who selflessly serve our country in Iraq and Afghanistan. We are grateful for his service and my prayers are with his family during this difficult time.