Jay Rockefeller

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, I rise to mark the retirement of Robert Winchester after 35 years in government service. Throughout this time, Bob has been both the consummate professional and a friendly presence in the Halls here on Capitol Hill. Mr. Winchester had a varied and distinguished career, having worked in different positions and capacities for the Department of Justice, Central Intelligence Agency and the U.S. Army. For most of that time, Bob worked in the intelligence field where efforts and successes are not always rewarded publicly. I am glad we can do so here today. Mr. Winchester graduated in 1967 from the University of Paris, La Sorbonne, and from Kings College in 1968. From 1969 until 1971, he served in the U.S. Army as an intelligence analyst and was stationed in Vietnam. After being honorably discharged as a staff sergeant, he continued his education at Illinois State University earning a master's degree. He then returned to Europe to receive a master's of advanced European studies with honors in 1974 from the College of Europe in Bruges, Belgium. Continuing his already impressive academic achievements, Mr. Winchester received his juris doctorate from Temple University School of Law. He served as a judge advocate general captain in the U.S. Army Reserves for 13 years. He is a member of the bar of the Commonwealth of Pennsylvania and the District of Columbia. Mr. Winchester worked for 7 years at the Central Intelligence Agency in operational law and legislative liaison positions, and also served as an assistant attorney general for the Department of Justice in Pennsylvania. During the last 25 years, Bob has served as legislative counsel to the Secretary of the Army and the Army leadership, the Army G-2, the commanding generals of the U.S. Army Intelligence Center of Excellence at Fort Huachuca, and the Intelligence and Security Command. Since 1984, Mr. Winchester served as the special assistant for legislative affairs for the U.S. Army's Office of the Chief, legislative liaison and served as the Army's principal liaison to the Congress for all Army intelligence programs and policies. It was in this role that Mr. Winchester became a fixture in matters involving Army intelligence on Capitol Hill. For over two decades, the Members and staff of the Senate Select Committee on Intelligence knew that they could turn to Mr. Winchester with a request and he would respond not just in a timely and professional manner, but also with insight and enthusiasm. He was able not only to represent the views and policies of the U.S. Army, but also to ensure that Congress had the information it requested to conduct effective congressional oversight. He made this difficult job look easy. Mr. Winchester has earned his retirement many times over, but we still hope that he reconsiders and returns to serve his country once again. Mr. Winchester, thank you for your service and good luck in all your future endeavors.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, first, I wish to reemphasize how much I respect Senator Enzi, the senior Senator from Wyoming, and the fact that he is quite right about the MINER Act and what took place after Sago, which was another rural spot in West Virginia where a number of people were killed--a lot of anguish--and it was the first time in 30 years that there had been any revision of the Federal mine safety laws. I have to say, though, that the bill we passed, the MINER Act, was not fully--because it had to pass through the committee at that time that was controlled by the present minority, it did not come out as strongly as I would have preferred. However, it was a good bill and has had a good effect in mining. One of the aspects of mining, which is hard for people to understand, is that there is no margin for error. There is no margin for it. It is a discreet industry, which, for the most part, is carried on out of sight--in this case, underground. The great majority--I would say well over 95 percent--of West Virginians and people from the Presiding Officer's State have never been underground--or I guess sometimes Senators and Congressmen and Cabinet officers. Obviously, I am disappointed that my colleague objected to this bill. However, I very much believe Senator Enzi when he said that he wants to start working on a bill that will keep people safe. I point out to him that at no point did we call off the negotiations. We were simply at the end of the work period, at the end of August, and there had to be a period of negotiation going on with the staff, and we would come back and take the fruits of that negotiation and go ahead and work on the bill. That is what I would have wished to have seen happen, and what still can happen. As I listened to the Senator from Wyoming, I believe he wants that to happen. As it turns out, so do I, and I am sure Senator Goodwin does too. People are counting on us to get this done. They deserve nothing less. I look forward to working on this. Obviously, it cannot be passed now. We have our work to do, but then again we have our work to do in any event. Senator Goodwin and I and Senators Patty Murray and Tom Harkin wanted to lay this down as a benchmark of what a mine safety bill should be. It probably won't end up being in a bill, but that doesn't mean it should not be this bill. You can't do everything at once, and I understand that. I have faith that the process will produce--as the Senator indicated, a number of things were agreed on by Senators, and sometimes I wish it were the Senators negotiating with each other; I think we would get a better bill. In any event, I have faith in the future, and we all have the eyes of 29 miners and so many others looking down on us waiting for us to take action. I thank the Chair and yield the floor.

Mr. ROCKEFELLER. Mr. President, in the Senate, the core job, obviously, of any Senator is to do all we can every day to help our constituents. It has been such an honor for this Senator to stand with our newest Senator from West Virginia, Carte Goodwin, and work with him to do exactly that. Before joining this body, Senator Goodwin made serving West Virginia his focus in everything he did--as an attorney; general counsel to our Governor; chairman of the School Building Authority, which is a very complex matter--and all the while exuding enormous character, great character, dignity, and always keeping West Virginia families first and foremost in his mind. It has been interesting to watch him on this floor in this relatively short period of time in which he has been a Senator and still is--the way people come up to him, see him as a breath of fresh air, respond to his intelligence, his integrity, his modesty, and his very smart brain. Senator Goodwin comes from a family deeply committed to public service that has taught him to work very hard, to give back, and be proud of where he came from. I respect him a very great deal. More importantly, he has a deeply ingrained sense of what matters to West Virginia. He does not come from one of our big urban counties. He comes from a very small rural county, Jackson County. He knows what working families need. He knows what people who represent them in Washington need to bear in mind. As I say, his character is strong, his work ethic is unmatched, and his heart is always in the right place. So it is a sad day for me, in a sense, because I respect him so much and like him so much and I will not be hearing him enough, except if he is dissatisfied with my work, in which case he can call me and tell me that and I will be taking copious notes. I join Senator Goodwin to talk about an issue that impacts the lives of every American in this country; that is, workplace safety. This past April, as West Virginia's other Senator has mentioned, we suffered the worst mining disaster in 40 years in this country. It was statistically shocking, it was personally horrifying, and deeply poignant. Twenty-nine miners were killed in an explosion at the Upper Big Branch Mine in Montcoal. I was there with the families as we hoped and we prayed for any sign that their loved ones would emerge. For the most part, they did not. The sorrow and hurt and anguish I saw on their faces is unimaginable and indescribable. It is something that no family should have to go through, but it happens in West Virginia and, as it turns out, in other States. But mining tragedies are not just happening in West Virginia. Nearly one-third of our States have experienced mining disasters this year, including Alabama, Arizona, California, Idaho, Illinois, Indiana, Kentucky, Minnesota, Montana, Nevada, New York, Oklahoma, Tennessee, and Utah. Yet the mining industry is not the only industry where significant improvements to workplace safety are necessary. We have seen major disasters take the lives of hard-working Americans employed in a variety of other industries: 7 dying in a refinery blast in Washington, 6 in an explosion at a clean energy plant in Connecticut; 11 died with the BP Oil rig disaster off the coast of Louisiana which we all know about. In fact, there were more than 4,300 workplace deaths in the United States in the year 2009, this year not having been completed, but it is a decent benchmark. That is 11 deaths each and every day of the year-- 11 men and women who went to work but did not return home to their loved ones. This is America. We are the greatest country on Earth. All of us together must do more to protect the lives of these workforces. That is why Senator Goodwin and I introduced the Robert C. Byrd Mine and Workplace Safety and Health Act of 2010. Senator Byrd worked diligently with the two of us on this bill, as have Chairman Harkin, Senator Murray, and obviously Senator Goodwin. They are committed advocates to the working men and women of our country and in our State, and I wish to thank them for their tireless dedication to doing what is right. This legislation contains commonsense proposals that will give Americans the peace of mind that comes from safe working conditions. It fixes the broken ``pattern of violations'' process which was meant to give MSHA authority to crack down on mines that repeatedly violate our laws, but has never been effectively implemented, this process. It takes a hard look at MSHA itself to make sure it is doing its job by creating an independent panel to investigate the Mine Safety and Health Administration's--MSHA's--role in serious accidents. In these matters where regulation is done on discrete and for the most part invisible industries, the people who do the regulating and the checking need to be looked at carefully, just as do those who operate coal mines. It gives teeth to existing whistleblower protections so miners can come forward to report safety concerns. It gives MSHA additional tools to keep miners safe, including the ability to subpoena documents and testimony outside of the public hearing context. This is something which OSHA has, and it is amazing to me that MSHA has not had it and does not have it. If this bill were to pass, it would happen. Finally, sort of, it provides protections that will apply to workers across, as I indicated earlier, all industries; greater rights for victims and their families to participate in investigations and enforcement actions; updating civil and criminal penalties; and the requirement that hazardous conditions be addressed immediately so that litigation doesn't shoot right into the middle of it and delay the whole process. Over the past few months, I have been working with my colleagues on the HELP Committee on bipartisan legislation--and I deeply appreciate the efforts of Senators Enzi, Isakson, and Hatch on the Republican side. I have worked closely with Senator Enzi and Isakson in the past on other matters, first with Senator Enzi on, of all things, the President's Commission on Coal back in the 1970s when he was mayor of Gillette, WY, and later with both him and Senator Isakson to pass the MINER Act which came right after the Sago disaster. I stood with both Senators Enzi and Isakson at the Sago disaster as we tried to comfort families, as we sat in circles and Senator Isakson and Senator Enzi seemed to--well, Senator Enzi comes from a coal- producing State, Senator Isakson does not--but both of them profoundly related to the families. It was very clear in their voices and what we saw in their eyes, and the families felt it. I know they care deeply about coal miners. But it is also no secret that I am deeply frustrated we have yet to produce a bipartisan bill. The families of the Upper Big Branch are wondering, What is the holdup, and, quite frankly, so am I. The provisions that should be included in a strong workplace safety bill are not that hard to figure out. In fact, they are the very provisions Senator Goodwin and I have included in the Robert C. Byrd Mine and Workplace Safety and Health Act, which is why I come before the Senate today to at the proper time ask for unanimous consent that our legislation be passed. Before I ask for unanimous consent, which I will do, I wish to address three of the main objections I have heard from my colleagues on the other side of the aisle. First, my colleagues on the other side of the aisle have expressed concerns that including workplace safety standards for all industry amounts to overreaching. I am sure the loved ones of the workers who died at the refinery, at the clean energy plant, and the BP Oil rig would see things a little bit differently. I am sure they would tell us that this bill cannot simply be about mine safety alone--although that is huge and the bulk of the bill--we must include important Occupational Safety and Health Administration provisions that cover all industries. OSHA, for example, does have subpoena power, and it does cover all industries, but it too needs to be strengthened. Second, my colleagues have questioned whether MSHA, the Mine Safety and Health Administration, needs adequate subpoena authority. The idea that a law enforcement agency such as MSHA does not have subpoena power to proactively make mines safer is, to me, unimaginable. We are seeing problems with the existing system right now. The State of West Virginia's subpoenas in the Upper Big Branch investigation are being challenged in court--totally predictable. The intent, of course, is to challenge them in court before they can be effective and to prevent the questioning of company officials and others with vital information. That is the story of mine enforcement in the coal fields. Third, it has been suggested that we do not have enough data to support additional whistleblower protections for coal miners. Let me answer that by saying that back in April, the Health, Education, Labor, and Pensions Committee heard testimony from Jeffrey Harris, a miner from Beckley, WV. Jeffrey told us--I was there--what it was like to work for Massey Energy. This is quoting Jeffrey Harris: Either you worked or you quit. If you complained, you'd be singled out and get fired. Employees were scared but, like me, they have to feed their families. Jobs are scarce, and good-paying coal mining jobs are hard to come by. The Presiding Officer knows exactly what I mean. We are looking at $60,000-plus salaries, mostly in the very rural areas of our States, the southwestern part of the Presiding Officer's State, and it is quite true. What is somebody to do? They have a $60,000 salary or they have nothing, because jobs in those areas are not plentiful or, in some cases, simply don't exist. To continue, in May, the House Education and Labor Committee held a hearing in Beckley, WV. We heard testimony from miners who have worked at Upper Big Branch and one of those miners, Stanley, nicknamed ``Goose,'' Stewart told us that: No one felt they could go to management and express their fears. We knew that we would be marked men. And the management would look for ways to fire us. Maybe not that day, maybe not that week, but somewhere down the line, we would disappear. We'd seen it happen. So enough is enough. No employee should be fired for reporting safety concerns. A lot of manufacturing companies--I am thinking of Toyota in West Virginia--have the assembly line and they have a rope that goes all the way down. If any worker sees any problem of any aspect, whether it is real or he imagined it or whatever, he pulls that rope, the production line shuts down, and the manager comes over and they fix the problem if it exists. But the comfort that brings to the worker is a very small price to pay for very well-made cars. Finally, my colleagues on the other side of the aisle have expressed concerns about reforming the pattern of violations process. The pattern of violations process, which does not sound very interesting but which is usually important in bringing things to a head, to justice--was intended by Congress to allow MSHA to take action against operatives that refused to follow our laws. But to date, no mine has ever officially been placed on pattern status. Why would that be? Well, one can only speculate. I think everyone agrees that the process must be fixed, but what I don't want to do is to tie MSHA's hands or to dictate a formula that will virtually guarantee that no mine is ever placed in pattern of violations status. I want a proactive system, one that will identify troubled mines before accidents happen and one that focuses on rehabilitating mines that are having problems. Mr. President, at this point, I ask unanimous consent that the HELP Committee be discharged from further consideration of S. 3671, the Robert C. Byrd Mine Workplace Safety and Health Act of 2010, and that the Senate then proceed to its consideration; that the bill be read three times, passed, and the motions to reconsider be laid upon the table; and that any statements relating to the measure be printed in the Record.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, I rise today to introduce the Monongahela Conservation Legacy Act of 2010. This important piece of legislation sets aside 6,042 acres of the Monongahela National Forest on North Fork Mountain in Grant County, WV, to be included in the National Wilderness Preservation System. West Virginians have a proud tradition of mining and logging that provides needed resources for our entire country. I have no doubt that this tradition will continue for many decades to come. However, at the same time, new development is coming to West Virginia. This is needed development that provides jobs for West Virginians and helps support our economy. But with this increased development comes a responsibility to set aside some part of our natural environment for those who come after us. The Monongahela National Forest encompasses nearly 920,000 acres of land in the heart of the Appalachian Mountain Range and contains some of the most ecologically diverse regions in the country. North Fork Mountain is one of these incredible areas and has earned the Forest Service's highest rating for Natural Integrity in its Wilderness Attribute Rating System. The mountain is a nesting site for peregrine falcons and home to 120 rare plants, animals, and natural communities. With this wilderness designation all of these ecological treasures will be permanently protected. Over the years I have heard from hundreds of West Virginians about how important wilderness is to them. I have heard from West Virginians who want to make sure that they will be able to continue to fish pristine streams and hunt in the forests. Wilderness is a major draw for the outdoor tourism industry and will provide jobs. Finally, I want to extend my thanks to Congressman Mollohan, who has introduced identical legislation in the House of Representatives, for his leadership on this issue. I will continue to work with all stakeholders involved to move this legislation forward and to address any concerns while ensuring the preservation of this truly special place.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, I rise today to introduce the Monongahela Conservation Legacy Act of 2010. This important piece of legislation sets aside 6,042 acres of the Monongahela National Forest on North Fork Mountain in Grant County, WV, to be included in the National Wilderness Preservation System. West Virginians have a proud tradition of mining and logging that provides needed resources for our entire country. I have no doubt that this tradition will continue for many decades to come. However, at the same time, new development is coming to West Virginia. This is needed development that provides jobs for West Virginians and helps support our economy. But with this increased development comes a responsibility to set aside some part of our natural environment for those who come after us. The Monongahela National Forest encompasses nearly 920,000 acres of land in the heart of the Appalachian Mountain Range and contains some of the most ecologically diverse regions in the country. North Fork Mountain is one of these incredible areas and has earned the Forest Service's highest rating for Natural Integrity in its Wilderness Attribute Rating System. The mountain is a nesting site for peregrine falcons and home to 120 rare plants, animals, and natural communities. With this wilderness designation all of these ecological treasures will be permanently protected. Over the years I have heard from hundreds of West Virginians about how important wilderness is to them. I have heard from West Virginians who want to make sure that they will be able to continue to fish pristine streams and hunt in the forests. Wilderness is a major draw for the outdoor tourism industry and will provide jobs. Finally, I want to extend my thanks to Congressman Mollohan, who has introduced identical legislation in the House of Representatives, for his leadership on this issue. I will continue to work with all stakeholders involved to move this legislation forward and to address any concerns while ensuring the preservation of this truly special place.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, today I wish to recognize two very special parents in my home State of West Virginia--parents who have so defined the unconditional love that a parent can have for a child, that their actions have had a national impact in the fields of adoption and foster care. Each year, Members of Congress have the honor and privilege of recognizing, through the Congressional Coalition on Adoption, extraordinary persons who have answered one of our Nation's most important calls to action to provide our most vulnerable children with a forever family. Children are the future leaders of our great country, and adoption and foster care are causes that has always been close to my heart. I am proud to officially recognize two West Virginian angels--Arthur ``Kenny'' and Judy Simmons--as true angels in adoption. Kenny and Judy adopted two 13-year-old boys, Joshua and Terry. The willingness to open a home to older children is special; all too often these children are left behind. Prior to adoption, these young boys struggled with uncertainty and one child endured 23 different homes while waiting for permanency. Judy and Kenny have given him a home, security and a future. The needs of children in foster care are challenging. But when we help these vulnerable, young people, we change their life, and in fact the lives of the entire family and communities. This is why throughout my Senate career, I have worked to improve Federal policies for adoptions and child welfare including the 2008 Fostering Connections Act and the Adoption and Safe Families Act of 1997. We should provide support and encouragement for foster and adoptive families the quality training and education they need and the all of the support possible for the caseworkers and judges making the tough decisions about a child's placement. Each fall, I have the pleasure of honoring one of the families in our State who have opened their hearts and homes to children in need. It is my great honor to highlight these heroes among us. The Simmons' family gives all they can and never gives up. They are the eptiomy of what a committed, forever family, is all about. For this, I want to recognize, honor, and thank them for their passion and dedication and for being true angels in adoption I admire.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, I rise today to introduce the Public Safety Spectrum and Wireless Innovation Act. Radio spectrum is a very valuable resource. It can grow our economy and put new and innovative wireless services in the hands of consumers and businesses. It can enhance our public safety by fostering communications between first responders when the unthinkable occurs. But it is also scarce. That is why we need a forward-thinking spectrum policy that promotes smart use of our airwaves--and provides public safety officials with the wireless resources they need to keep us safe. The Public Safety Spectrum and Wireless Innovation Act will do just that. First, this legislation will provide the Federal Communications Commission with the authority to hold incentive auctions. This will help put valuable spectrum resources into the hands of companies that can create innovative new services for American consumers and businesses. This proposal will not require the return of spectrum from existing commercial users, but will instead provide them with a voluntary opportunity to realize a portion of auction revenues if they wish to facilitate putting spectrum to new and productive uses. Second, this legislation will provide public safety officials with an additional 10 megahertz of spectrum known as the ``D-block.'' This spectrum will support a national, interoperable wireless broadband network that will help first responders protect us and keep us from harm. I believe this is the right thing to do, because we owe those courageous individuals who wear the shield the resources they need to do their job. But more than that, by providing authority for incentive auctions, this legislation will offer a revenue stream to assist public safety with construction and maintenance of their network. The American people deserve to have the best and most innovative uses of wireless networks anywhere. They deserve to know our first responders have access to the airwaves they need when tragedy strikes. So I urge my colleagues to join me and support this important legislation.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, I rise today to introduce the Public Safety Spectrum and Wireless Innovation Act. Radio spectrum is a very valuable resource. It can grow our economy and put new and innovative wireless services in the hands of consumers and businesses. It can enhance our public safety by fostering communications between first responders when the unthinkable occurs. But it is also scarce. That is why we need a forward-thinking spectrum policy that promotes smart use of our airwaves--and provides public safety officials with the wireless resources they need to keep us safe. The Public Safety Spectrum and Wireless Innovation Act will do just that. First, this legislation will provide the Federal Communications Commission with the authority to hold incentive auctions. This will help put valuable spectrum resources into the hands of companies that can create innovative new services for American consumers and businesses. This proposal will not require the return of spectrum from existing commercial users, but will instead provide them with a voluntary opportunity to realize a portion of auction revenues if they wish to facilitate putting spectrum to new and productive uses. Second, this legislation will provide public safety officials with an additional 10 megahertz of spectrum known as the ``D-block.'' This spectrum will support a national, interoperable wireless broadband network that will help first responders protect us and keep us from harm. I believe this is the right thing to do, because we owe those courageous individuals who wear the shield the resources they need to do their job. But more than that, by providing authority for incentive auctions, this legislation will offer a revenue stream to assist public safety with construction and maintenance of their network. The American people deserve to have the best and most innovative uses of wireless networks anywhere. They deserve to know our first responders have access to the airwaves they need when tragedy strikes. So I urge my colleagues to join me and support this important legislation.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, I rise today to introduce the Coalfield Accountability and Retired Employee Act of 2010, CARE Act. Senator Goodwin joins me in introducing this important legislation. It is the first bill we have worked together on, and I look forward to many more as partners in the Senate fighting for West Virginians. The CARE Act protects the pensions for over 100,000 mineworkers. It takes excess funds from the Abandoned Mine Land Reclamation Program and transfers that money to the United Mine Workers of America, UMWA, pension plan. These are AML funds that go unused and are not needed, according to the Office of Surface Mining Reclamation and Enforcement and the UMWA. So what our legislation does is put that money to good use, and protects the pensions of our hardworking mineworkers. Congress needs to act because the UMWA pension fund is on the road to insolvency. It has been hit by the perfect storm--the recent financial crisis, the small number of active mineworkers who provide the funding base for the pension plan, and the large number of ``orphans'' who receive their pensions under the plan. These ``orphans'' are retired mineworkers for whom a company no longer makes contributions to the pension fund, typically because the company is out of business. So Congress and the Federal Government have to act in order to make sure that the pensions of our mineworkers are protected. Dating back to President Harry Truman, the Federal Government has assumed a responsibility to our mineworkers. In 1992, I was extremely proud to work on the passage of the COAL Act, where we recommitted to our miners. That bill allowed the transfer of interest accruing to the unappropriated balance of the Abandoned Mine Reclamation Fund to be used to provide health care for a large number of orphaned miners and their widows. This Federal commitment was once again affirmed in the 2006 amendments to the Abandoned Mine Reclamation Program which sought to again protect the health care plans of miners from insolvency. Now, 18 years after passing the COAL Act, Senator Goodwin and I are again renewing our commitment to the nation's miners with the CARE Act. This bill will protect the solvency of our miners' pension plans. In West Virginia, we revere our miners--the men and women who put their lives on the line every single day to provide for their families and bring light and heat to millions. Their tenacity, their courage and their determination is an inspiration to us all. The work they do everyday provides nearly half of our nation with power to light and heat our homes. We should all thank them for the service they provide this country, and continue protecting our miners' retirement benefits going forward.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, I rise today to introduce the Coalfield Accountability and Retired Employee Act of 2010, CARE Act. Senator Goodwin joins me in introducing this important legislation. It is the first bill we have worked together on, and I look forward to many more as partners in the Senate fighting for West Virginians. The CARE Act protects the pensions for over 100,000 mineworkers. It takes excess funds from the Abandoned Mine Land Reclamation Program and transfers that money to the United Mine Workers of America, UMWA, pension plan. These are AML funds that go unused and are not needed, according to the Office of Surface Mining Reclamation and Enforcement and the UMWA. So what our legislation does is put that money to good use, and protects the pensions of our hardworking mineworkers. Congress needs to act because the UMWA pension fund is on the road to insolvency. It has been hit by the perfect storm--the recent financial crisis, the small number of active mineworkers who provide the funding base for the pension plan, and the large number of ``orphans'' who receive their pensions under the plan. These ``orphans'' are retired mineworkers for whom a company no longer makes contributions to the pension fund, typically because the company is out of business. So Congress and the Federal Government have to act in order to make sure that the pensions of our mineworkers are protected. Dating back to President Harry Truman, the Federal Government has assumed a responsibility to our mineworkers. In 1992, I was extremely proud to work on the passage of the COAL Act, where we recommitted to our miners. That bill allowed the transfer of interest accruing to the unappropriated balance of the Abandoned Mine Reclamation Fund to be used to provide health care for a large number of orphaned miners and their widows. This Federal commitment was once again affirmed in the 2006 amendments to the Abandoned Mine Reclamation Program which sought to again protect the health care plans of miners from insolvency. Now, 18 years after passing the COAL Act, Senator Goodwin and I are again renewing our commitment to the nation's miners with the CARE Act. This bill will protect the solvency of our miners' pension plans. In West Virginia, we revere our miners--the men and women who put their lives on the line every single day to provide for their families and bring light and heat to millions. Their tenacity, their courage and their determination is an inspiration to us all. The work they do everyday provides nearly half of our nation with power to light and heat our homes. We should all thank them for the service they provide this country, and continue protecting our miners' retirement benefits going forward.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, today I congratulate and commend the Contemporary American Theater Festival, CATF, in Shepherdstown, WV, on its 20th season which began this past weekend on July 9. This renowned festival, presented in partnership with Shepherd University, is an extraordinary event that runs for several weeks each summer, bringing thousands of people to our beautiful State and highlighting Shepherdstown's arts community. More than two decades ago, Ed Herendeen had a dream of producing new works in theater, so he came to Shepherdstown and did just that. He had the vision and dedication to start and nurture this festival. And under Ed's leadership, the theater festival continues to produce and develop new American theater that not only examines current events and reflects on national trends but also serves as a haven for contemporary playwrights. This year, as it does every year, the festival confronts bold and controversial issues to prod the audience and explore new ideas. Since its first season in 1991, CATF has produced 80 new American plays and 30 world premieres. A recent National Public Radio story described what the festival has meant to the artists and the community: The Contemporary American Theater Festival at Shepherd University in Shepherdstown is a dream for the writers of those plays. Over the years, both up-and-coming playwrights and big names--like Sam Shepard and Joyce Carol Oates--have premiered works there. That's in large part due to the festival's hard- working founder, Ed Herendeen. Herendeen founded the festival 20 years ago in partnership with Shepherd University. That first season they did three plays and sold about 2,000 tickets. Today, they do five professional plays and sell more than 11,000 tickets. What's unusual about the festival is that Herendeen says he's never tempted to do a popular play in order to draw more people. The audience that the festival has developed really is expecting it to do new plays. In addition to its first-class performances, the festival offers lectures and discussion to enhance the audience's understanding of the arts. Over the last 7 years, in partnership with the Appalachian Education Initiative, AEI, the festival has hosted the Annual Elizabeth Francis Teacher Training Institute, a professional development program for high school teachers from West Virginia and other States across the region. This is an opportunity to learn hands on from CATF's professional theater artists. Participants are immersed in the art and craft of theater, gaining insight into acting, production, stage management, marketing, and script analysis. This year, participants will attend every play in the festival's 20th anniversary season, and have a chance to meet and talk with actors, producers, and technicians while receiving graduate level credits for their coursework. It is hard to overstate the extraordinary economic impact this festival has on the entire region. The annual event brings people from more than 20 States to West Virginia to enjoy theater, immerse themselves in our community, and explore our beautiful natural surroundings. And as the crowds fill our theaters, restaurants, shops, and hotels, their support creates employment and boosts local businesses. In recent years, festival goers have contributed $3.2 million to the local economy with the average patron spending $132 on top of the price of tickets. Today, I congratulate and thank Shepherd University President Suzanne Shipley, Ed Herendeen, and their talented team for bringing such a truly outstanding theater festival to the stage every year. The Contemporary American Theater Festival in Shepherdstown is an enormous source of pride for me and for every West Virginian.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, on this day, West Virginia has lost probably its most prominent son and the Senate has lost probably its most able statesman. For myself, I have lost an admired colleague and a treasured friend. More than nine decades of a remarkable life and five decades as an accomplished public servant in the Senate only serve as one form of proof that Robert C. Byrd was and always will be an icon, particularly in his own State. A man of great character, faith, intellect, who rose to the heights of power, yet never forgot where he came from, his story holds such a profoundly significant place in both West Virginia and American history. But it was in the coalfields of southern West Virginia where a young Robert C. Byrd first gained the skills, the moral character, the toughness, and the shrewdness that would make him a truly great man. After his mother passed away, he was raised by his aunt and uncle, a coalminer, he movingly called ``the most remarkable man I have ever been privileged to know.'' From them Senator Byrd learned early in life what it meant to be loyal, to have a ferocious work ethic, really almost beyond imagination, and possess a deep faith in God. And it was these values--these innately West Virginia values, I argue--that guided his every action and made him such a unique and strong fighter for our State and who got such joy in doing that fight. He was proud of West Virginia. He was proud of his ideals. He was proud of the service he could render to the people from whom he came. He believed with all of his heart that our breathtaking mountains, our rivers, and our deep valleys, and especially our well-rooted people, who face adversity always and face it with strength and courage, make our State a place like quite none other in the world. He loved the music of the mountains and played his fiddle, in fact, very brilliantly. He was a master violin player. He loved to quote the ancients, lending depth to his analysis and observations, with knowledge of history and philosophy to rival any professor. Just as easily as he could quote Cicero from memory, he could sing every verse of ``Amazing Grace'' from memory, too, and often did. Everything about Senator Byrd was a testament to his faith in God. This man, who wrote and debated countless laws, lived with 10 clear Commandments in his heart. His aunt and uncle kept the King James Bible in their home and instilled in him an enduring reverence for God. He always remembered that as important as the Senate and our constitutional government might be, there was always a higher law that took precedence. He started his career humbly by any definition--as a butcher, as a welder, other things too--and then campaigned by playing his foot- stomping music, the fiddle, to get elected to the West Virginia Legislature--that is how he did it--the very same body that decades later would deem him the ``West Virginian of the 20th Century.'' It was at Mark Twain High School where a lifetime of love first began for Robert C. Byrd and his future wife, Erma Ora James. Calling her the ``wind beneath this Byrd's wings,'' as he put it, Senator Byrd was never shy to tell you that Erma--a beloved coal miner's daughter herself--was the reason he reached all of his goals. He believed that with all of his heart. So from the fiddle-playing young man to a history-making American icon, she loved and supported him every step of the way until her passing in 2006. I know and I observed maybe earlier than some that Senator Byrd lost just a bit when Erma died. Watching him hurting was painful. His wife died from the same disease my mother died from; that is, Alzheimer's, and we talked about it, especially a few years ago when he was talking more frequently. I always felt bad that I could not give him comfort and that I could not say something to him that would relinquish his pain, which was evident and obvious--very obvious in privacy. But I could not do that because you cannot do that for diseases like that one. There were not words to describe the difficulty such a devastating loss can bring, and I commend my friend for continuing on so strongly-- as he did--for so long. Erma was his soulmate, his best friend and trusted counselor. Their marriage was something to behold. My wife Sharon and I loved watching them together. He became a different person. They radiated an extraordinary faith in God, in each other, and in the beautiful family they built together, which in the end was what he loved the most. Indeed, it was the time Robert C. Byrd spent with Erma; their daughters, Mona and Marjorie, their husbands, and their grandchildren and their great-grandchildren that brought sheer joy--pure, unadulterated--to his life. So with sadness in my heart, I also have joy at the thought of my friend united with his precious Erma, with his dear grandson he lost at a young age. And we all know, those of us who have been here for several years, the agony he went through at the death of that young man, setting up a shrine in his office. It affected him deeply. It was interesting that a man who could be so oriented toward policy, and sometimes almost remote from personal matters, as a professional self-definition, could be so utterly moved by sadness in his own life and I think in the lives of others. It was in the Halls of the U.S. Senate where Robert C. Byrd became known as the ``Soul of the Senate,'' a fierce defender of the Constitution, a respected historian, and an absolutely fearless legislator. He held, as has been said many times before, more leadership posts than any other Senator, cast more votes than any other Senator, and served longer than any other Senator. And one could go on in many ways in that theme. He literally wrote the authoritative book on the rules and procedures of the Senate. He taught all of us who were freshmen in this body about that in classes which he would conduct standing in the well of the Senate. He loved and he revered this institution. Everybody says that. It is true. Some people pass through this institution. They experience this institution. He lived this institution. Yet, still, his entire career was fundamentally an act of commitment to the State of West Virginia and its people--a day-in and day-out effort to do the best he possibly could for the people of the Mountain State; always put upon, often looked down upon, even disdained by others who did not understand where they came from, what their lives were like, and, for example, what it was like to be a coal miner. People do not understand West Virginia well. Most people do not go there. Senator Byrd sprung from West Virginia and, yes, was an intensely devoted statesman. He put himself through law school while also serving in Congress. I know a few others have done that, but I just sort of deny that. I think it is amazing that Senator Byrd did that; therefore, any others who did it do not get my attention. He understood that people with the fortitude to ask questions and to debate and to dissent one from another makes America stronger. He had that courage himself, standing up time and time again to defend the ideals upon which our Nation was founded. And often those ideas were very different from those of others. No matter with Senator Byrd; he always spoke for what he felt was correct. As the minority leader has pointed out, the Senator always had the Constitution in his pocket, close to his heart. And he outlasted Presidents and Supreme Court Justices. He served with an absolute insistence on the equality of the three branches of government as envisioned by our Founding Fathers, and he, therefore, helped us as a body be more than our separate parts. He spread the words of our Constitution to young children and his colleagues alike. His patriotism was strong and confident, infusing his every action with deep devotion for our Nation and its people. A Senator from a State that has sent legions of sons and daughters to war--out of courage, out of love of country, sometimes just out of a need to get work--he supported our troops whether he agreed with their cause or not, fought for our veterans, and worked hard to make sure those who served our country got the respect, the support, the supplies they needed and they deserved. He also earned the loyalty of West Virginians with a record of support for education and economic opportunity that few Senators, at any time, in any State, in my judgment, could ever match. To him, every school building or education grant was a chance for a better life for some West Virginia child or maybe quite a lot of children. He cared about that, and he helped that become true. Every overpass, every road represented an opportunity for a more dynamic economy for our cities and towns, which might be taken casually in some places but not in West Virginia because only 4 percent of our land is flat, and unless there is a road or a bridge, you cannot build anything anywhere or virtually do anything anywhere. Every business park or government office meant the possibility of a better job for West Virginians trying to raise their families--people he fought for all his life. Senator Byrd also believed health care is one of the most important ways to strengthen a community, and his support for medical research resulted in breakthrough medical opportunities. He spread this research all across West Virginia, to West Virginia University, to Marshall University, to institutions of all kinds. He believed in medical research and did more than most of our colleagues even know. So in a State with rugged terrain, full of people like the family who raised him, doing their best for their family, for their country, for their God, Robert C. Byrd decided that somebody needed to do the best for them, and he did so each and every day of his life. To me, he was a perfect colleague and a reliable friend, a walking example of the kind of America I believe in, and a living testament to the values that made West Virginia my own home forever. It has been my greatest privilege to serve with Robert C. Byrd in the U.S. Senate. I respected him and I fought side-by-side with him for causes we both believed in, and obviously I am profoundly saddened that he is gone. So in closing, Mr. President, I think he leaves a void that probably cannot be filled. But I am lifted by the knowledge of his deep and abiding faith and that he is in the hands of the One who inspired these words in ``Amazing Grace: Yea, when this flesh and heart shall fail, And mortal life shall cease, I shall possess within the veil, A life of joy and peace. I think that gives all of us some comfort. It certainly does me. So peace and Godspeed, Senator Byrd, and peace to your family, your loyal staff, and to the loving people of West Virginia, who held you high for so long and will continue to do so. I thank the Chair and yield my time.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, I call to the Senate's attention that on June 20, 147 years ago, a 35th State was added to our great Nation: West Virginia, whose birthday is a time for us to remember proudly our state's rich history, culture and unique qualities. Nearly 150 years ago, West Virginia became the only State to have seceded from a Confederate entity to join the Union. Each year after, West Virginia has continued to develop its own identity and contribute to our Nation's fabric. Our State's history, past and present, is rich with development and progress that fills West Virginians with pride every day. West Virginia's mountainous terrain, countless river valleys, and rich natural resources have driven our State's history and economy, and draw visitors from across the globe. Our State possesses timeless landmarks and attractions, and has an abundance of natural beauty to share. President John F. Kennedy once said, ``The Sun does not always shine in West Virginia, but the people always do.'' This statement is a true testament not only to the kind and hospitable nature of our citizens, but also to our fortitude, determination and abiding faith. Though a ``stranger to blue water,'' West Virginia has been no stranger to turmoil throughout its history. We have been and will continue to be undaunted in overcoming the challenges of yesterday, today, and tomorrow. This year we stood together to face the tragic explosion at the Upper Big Branch mine that claimed the lives of 29 miners and left a community and our whole state in mourning, calling again on the steadfast spirit of our people. The devastating effects of the explosion left mining families holding their breath for news of loved ones. Rescue teams and the State's Red Cross and Salvation Army expeditiously rose to the challenge to offer much needed support. True to custom, West Virginians across the State were ready and remain eager to lend a helping hand to their neighbors affected by the disaster. And this year, like so many others before, we have called on the West Virginia National Guard to serve the State when we need them most, and to perform invaluable duties outside our borders--providing security on a global scale. Our West Virginia National Guard has garnered top rankings for readiness for many years, showcasing the motivation and commitment behind each one of our men and women serving our country. West Virginia possesses the unique ability to make the traditions we have historically treasured as much a part of our bright future as our accomplished past. Our State continues to retain its culture as an integral part of our identity. Festivals and events, like Bridge Day at the New River Gorge Bridge in Fayetteville and the Vandalia Gathering in Charleston, bring older and younger generations together to enjoy State treasures and traditions. Blues festivals can be found across our State, and from Martinsburg to Mullens you can find world-class artisans and craftsmen in the fields of glass blowing, classic woodwork, and folk art. Thanks to West Virginia's dedication to education, our academic institutions consistently bring new discoveries to the fields of science and technology. And, our athletic programs continue to rank among the best in the country. West Virginia University's men's basketball team reached the Final Four in this year's NCAA Basketball Tournament representing the state on a national stage. And, football fans across our state eagerly await an upcoming football season that promises to be successful for all of our programs in West Virginia. There is so much to honor, celebrate, and be thankful for on West Virginia's 147th birthday. Our past, present, and future are as colorful as our Appalachian hills in autumn. Our people know and live well by our motto-- Montani Semper Liberi--``Mountaineers are always free,'' and our strong work ethic, one of God and family, and indubitable spirit makes our country and our State great. With these words ever present, and on behalf of myself and my fellow West Virginians, I proudly wish the happiest of birthdays to my home State, West Virginia.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, for the Committee on Commerce, Science, and Transportation I report favorably the following nomination list which was printed in the Record on the date indicated, and ask unanimous consent, to save the expense of reprinting on the Executive Calendar that this nomination lie at the Secretary's desk for the information of Senators.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. I thank the Presiding Officer. I rise today to lend my support to the Murkowski Resolution of Disapproval for one simple but enormously important reason: because I believe we must send this strong and urgent message that the fate of our economy, our manufacturing industries, and our workers, including our coal workers, should never be placed solely in the hands of the federal Environmental Protection Agency. I have long maintained this in Congress. I have been around here for a while. I was a Governor for 8 years. I think the elected people, and not the unelected EPA, have a constitutional responsibility here and on an issue which is so totally important. We are accountable to those people. Some here seem to talk about other aspects of this. I tend to focus, as a VISTA volunteer who went to West Virginia and lived among coal miners, on people and all the problems, including the problem of climate change, that attend to their future. I am not here to deny or bicker fruitlessly about the science, as some would suggest. In fact, I would suggest that I think the science is correct. However, it doesn't one iota deter from my support of the Murkowski resolution. I care deeply about this Earth and resent anybody who suggests otherwise about either me or the people of my State. I care about the fundamental human commitment--the higher calling we all have--to be a steward. Greenhouse gas emissions are not healthy for the Earth or her people, and we must take significant action to reduce them. We must develop and deploy clean energy, period. I accept all of that. But EPA regulation is not the answer. EPA has little or no authority to address economic needs. They say they do, but they don't. They have no ability to incentivize and deploy new technologies. They have no obligation to protect the hard-working people I represent with deep and abiding passion--people who changed my life. I was born anew in the coalfields of West Virginia at the age of 26. So I fight for my people. I understand I am a Senator, but I am a Senator from West Virginia, and I have a right to fight for them, and I do, and I support Senator Murkowski's amendment because of that. Their jobs matter. Their people, their work matters. Their lives matter. Any regulatory solution that creates more problems than it fixes and causes more harm than good in the real lives of real people, if they are affected badly, is no solution at all. I won't accept it. It is not something I will be a part of. We are capable of tackling this great challenge in a way that supports rather than undermines our economy and our future. But the process has to work. It has to be open. It has to be not the property of a couple of people, but it has to be something the Congress comes to understand. I have always felt that if you went to more than 10 percent of the Congress, House and Senate, and asked them to explain what cap and trade means, they would have no idea. That was one of our problems with the health bill. It is fairly important that people understand what it means on this bill--not on this bill but the bill that is being talked about. I am willing to work with people on a solution, but it has to be legislative because on this, above all, the Congress must decide. I don't care about the Supreme Court. I don't care about EPA in the sense of them being the final voice on the future of my people in the State that has some of the most carbon of any in the country. I know people laugh at coal. We don't. You can't run this country without coal. I am for all alternative fuels, even nuclear, to my surprise. I am for all of them. But when you add them all up, nobody can make the point that you can do any of this without coal. Does it have to be cleaner? Absolutely. Is there any excuse for not making it cleaner? No, there is not. But you can take 90 to 95 percent of the carbon out of it. That is a solution for our people, and we mine coal. We mine coal and send it to the States of people who are drawing up this bill. I just wish they knew us a little better. I asked Administrator Jackson to clarify the EPA timetable as well as the impact of EPA regulations on industrial facilities. She responded quickly to my letter. She was nice about it. She showed some willingness to set a timetable, moved it up about a year, and I appreciate that. But she also made clear that the EPA's regulations will go forward regardless of whether Congress has acted on a comprehensive energy policy and regardless of whether Congress has given the EPA a direction in law about how and when and upon whom those regulations should be imposed. So I introduced my own legislation to suspend EPA action for 2 years. It is a little different from the Murkowski legislation, but it makes the same point. The EPA can't decide. We have to. Some can ridicule that. I don't. I am elected to protect my people and my country, but first comes my people and especially on this issue. I support legislation to prevent any future catastrophe like the oil spill, which is, to my mind, a totally separate issue and has no business being discussed at the same time this is being discussed. I also support legislation to advance new clean energy and clean coal technologies. West Virginia is poised to lead a major part in the effort on clean technology because we know energy. We have lived with it for the last 150 years. We know coal. We know natural gas. We are coming to know CCS as few others do. It is a triumph when one of our power plants reduces 90 percent of the carbon emissions from the flue stream that it treats. That is a triumph to us--maybe to nobody else, but to us it is because it happened and it came from the stimulus package and we were a part of that. The fact is, we in West Virginia know and embrace what too many others either don't understand or will not choose to see, which is that our Nation is dependent on coal for more than 50 percent of its electricity today, and nothing is going to change that fact. All the renewables in the world will not change that fact. So I close. Even if the country achieves maximum success for all of the new ideas on the table for new green energy, our American quality of life and the rapid rise of energy needs around the globe will drive the same or greater need for coal for many generations to come. So we better do coal correctly. It is going to be coal that solves it. Coal mining is hard. It is dangerous. Most people have never been down a mine. A few people who have discussed this don't know what they talk about when they talk about it. And it is not the fault of a coal miner. He just mines or she mines the coal that is out there. That has to be handled at the stationary source. I don't want EPA making all those rules. I don't want EPA turning out the lights on America. As I said, coal can be cleaner. But the responsibility for putting in place laws and policies that spur new technologies and new ideas and the responsibility for any major energy and environmental policy change lies not with the Federal regulatory agency acting in isolation--I don't even know where EPA is located--but with the Congress, with the people who are elected--us--to be included in a process which has not been well managed to do the right thing. I proudly support the Murkowski resolution, and I yield the floor.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, for the Committee on Commerce, Science, and Transportation I report favorably the following nomination lists which were printed in the Records on the dates indicated, and ask unanimous consent, to save the expense of reprinting on the Executive Calendar that these nominations lie at the Secretary's desk for the information of Senators.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, it is time to take mining companies' safety records out of the darkness and bring some much-needed transparency and accountability to the industry. Today, I am introducing legislation that would require any publicly- traded mining company to include critical mine safety information in its annual and quarterly filings with the Securities and Exchange Commission, SEC. Shareholders have a direct interest in the safety record of any company they invest in--because safety has as much of an impact on a company's long-term financial health as its mining production. But today, this safety information is not uniformly reported across the industry. My bill fixes this inconsistency and gives investors the information they need to hold corporate management responsible for the safety record of a company. That is what my bill is all about: providing shareholders with standard information that can be used to measure and compare safety records across the industry. Specifically, my legislation would require any publicly-traded mine company to report the following information in their annual and quarterly filings with the SEC: The total number of significant and substantial violations of mandatory health or safety standards; The total number of failure to abate orders issued under section 104(b) of the Mine Act; The total number of citations and orders for unwarrantable failure of the mine operator to comply with mandatory health or safety standards under section 104(d) of the Mine Act; The total number of flagrant violations under section 110 of the Mine Act; The total number of imminent danger orders issued under section 107(a) of the Mine Act; The total dollar value of Mine Safety and Health Administration, MSHA, proposed penalties and fines; A list of the regulated worksites that have been notified by MSHA of a Pattern of Violation or a Potential to have a Pattern of Violations under section 104(e) of the Mine Act; Any pending legal action before the Federal Mine Safety and Health Review Commission. Any mining related fatalities. In addition, any publicly-traded mining company must immediately disclose to the SEC if it receives a shutdown order under section 107(a) of the Mine Act, imminent danger, or receives notice that a mine site has a potential or actual pattern of violations. I have always said that, first and foremost, this is about a company doing the right thing to develop a true culture of safety. That includes everyone, from the miner at the coal face to the Chairman of the Board. If we are serious about making that culture a reality, shareholders need to be informed about safety too.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, it is time to take mining companies' safety records out of the darkness and bring some much-needed transparency and accountability to the industry. Today, I am introducing legislation that would require any publicly- traded mining company to include critical mine safety information in its annual and quarterly filings with the Securities and Exchange Commission, SEC. Shareholders have a direct interest in the safety record of any company they invest in--because safety has as much of an impact on a company's long-term financial health as its mining production. But today, this safety information is not uniformly reported across the industry. My bill fixes this inconsistency and gives investors the information they need to hold corporate management responsible for the safety record of a company. That is what my bill is all about: providing shareholders with standard information that can be used to measure and compare safety records across the industry. Specifically, my legislation would require any publicly-traded mine company to report the following information in their annual and quarterly filings with the SEC: The total number of significant and substantial violations of mandatory health or safety standards; The total number of failure to abate orders issued under section 104(b) of the Mine Act; The total number of citations and orders for unwarrantable failure of the mine operator to comply with mandatory health or safety standards under section 104(d) of the Mine Act; The total number of flagrant violations under section 110 of the Mine Act; The total number of imminent danger orders issued under section 107(a) of the Mine Act; The total dollar value of Mine Safety and Health Administration, MSHA, proposed penalties and fines; A list of the regulated worksites that have been notified by MSHA of a Pattern of Violation or a Potential to have a Pattern of Violations under section 104(e) of the Mine Act; Any pending legal action before the Federal Mine Safety and Health Review Commission. Any mining related fatalities. In addition, any publicly-traded mining company must immediately disclose to the SEC if it receives a shutdown order under section 107(a) of the Mine Act, imminent danger, or receives notice that a mine site has a potential or actual pattern of violations. I have always said that, first and foremost, this is about a company doing the right thing to develop a true culture of safety. That includes everyone, from the miner at the coal face to the Chairman of the Board. If we are serious about making that culture a reality, shareholders need to be informed about safety too.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. I ask unanimous consent to modify this amendment with the modification at the desk.

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

Mr. ROCKEFELLER. Mr. President, I call up Senator Hutchison's and my amendment No. 3758 and ask for its immediate consideration.

Mr. ROCKEFELLER. Mr. President, at its very core, this amendment is about protecting consumers. It is about making sure the Federal Trade Commission has the authority to act in coordination with the new Consumer Financial Protection Bureau, which is created in the underlying bill. This amendment would equip the FTC to cover dangerous gaps in consumer protection and to go after dishonest, fly-by-night operators targeting our society's weakest members. In the Commerce Committee, we discovered those folks are frequent and everywhere. For nearly 100 years, the FTC has been protecting consumers in the gray areas where other regulatory bodies have failed to act. This amendment will make sure the situation of the FTC and its ability to act does not change. Since 1914, the Federal Trade Commission has served the American public as our preeminent consumer watchdog. The Commission's core consumer protection mission is to enforce and regulate against ``unfair or deceptive acts or practices in or affecting interstate commerce.'' This broad prohibition is at the heart of the FTC's underlying authority under its authorizing statute, the Federal Trade Commission Act. This bipartisan amendment is very simple. It is a savings clause. That is really all it is. It fully preserves the FTC's enforcement and regulatory authority under the FTC Act as it is today. The underlying bill creates a new consumer protection bureau within the Federal Reserve, and I fully support that effort. But creating that new bureau should not come at the expense of the FTC's mission, which is consumer protection, which is not, incidentally, a zero sum game. I emphasize that this amendment is hardly a novel concept. Throughout the FTC's long, distinguished history, Congress has created new regulatory agencies that have overlapped with the FTC's core authority and jurisdiction. The list runs from the Securities and Exchange Commission and the Food and Drug Administration to the Environmental Protection Agency and the Consumer Product Safety Commission. But in order to maximize consumer protection, Congress has always preserved the FTC's authority under the FTC Act, and this latest effort should be no different. Yet the underlying bill currently strips the FTC of its authority and places it within the new bureau, undermining its consumer protection mission and creating, in this Senator's judgment, dangerous holes in our regulatory safety net. That is because the definition and boundaries of the term ``financial products and services''--the ruling definition--are entirely vast and entirely vague. Anyone can avoid enforcement simply by claiming they are beyond the FTC's or the new bureau's jurisdiction. Fraudsters and scam artists could and most certainly would tie the courts up in knots. Concurrent authority would solve this problem. What is more, there is too much financial fraud out there to take a valuable cop off the beat. The FTC has particular expertise in cracking down on bad actors who fleece ordinary Americans of their hard-earned money. I think it is clear that these small-time crooks would not be at the top of the new bureau's priority list. They will have many things to do. It is just common sense to preserve the FTC's existing authority against these people. Simply put, the new consumer protection bureau cannot do everything. Neither can the FTC. There will be plenty of work to go around for both agencies. I wish to be absolutely clear about something. This amendment would not subject businesses to dual regulations. As I said earlier, the FTC has always coexisted with newly created agencies, and they have avoided tripping over one another with conflicting regulations or enforcement actions. To make absolutely certain this does not happen, the amendment, as modified, directs the FTC and the new bureau to enter into a memorandum of understanding and coordinate their regulatory efforts. That is sensible. The bottom line is that businesses will not be subject to multiple layers of regulation or rules. I close by thanking particularly Senator Hutchison, Senator Dorgan, and Senator Pryor for their steadfast support and effort, and, of course, Chairman Dodd, who has worked long and hard, it seems to me, for months on end, never moving from that seat. He has been crucial in working with me on this issue and with Senator Hutchison. So many of the enormous economic problems we face today are a direct result of weak consumer protections in the financial sector. It is the hard-working families in places such as West Virginia and many other places all across the country who are hurt the most. They are struggling just to scrape by, to pay their bills, and to put food on the table. It is so hard to know, frankly, whom to trust. They need to know somebody is by their side looking out for them. The Restoring American Financial Stability Act of 2010 will be that safeguard. It is a profound achievement that will make a real and lasting difference in the lives of hard-working Americans for generations to come. Our amendment is a small but essential part of that work to make sure consumers are protected. I yield the floor.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. I am aware of both Senators' concerns and I will work with each of you related to LNG facilities during conference with the House on the Coast Guard Reauthorization bill.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, as a lifelong Atlanta Braves fan, I am always delighted when my team comes to town. They visit Washington next month, and as always, the Braves' incredible manager, my dear friend Bobby Cox, will be at the helm. But this year, the joy is bittersweet. After 50 years in baseball, Bobby Cox will retire at the end of this season. I am an enormous and longtime fan of Bobby Cox, for so many reasons. He is so good and easy with people, and he takes them for who they are. And in the case of baseball players, he takes them for what they have, and allows them to achieve incredible things with it: I have never heard a manager encouraging his hitters at the plate between every single pitch as Bobby does with such tremendous enthusiasm. He is one of only a handful to spend at least 20 straight seasons managing the same team. And I always knew, without a doubt, that Bobby always had the team ready to play its best. His record makes that much abundantly clear--he guided Atlanta to 14 consecutive postseason appearances and of course, to a World Series title in 1995. Unlike so many other heroes in baseball, Bobby is very approachable, so good at putting people at ease. I remember visiting with him, and in minutes we were discussing ``Dirt'' Lemke who he really admired and respected as a second baseman because he was so scrappy. That is why Bobby is an icon. He brings out the best in his players and exemplifies what the sport of baseball is supposed to be about-- hustle, grit, loyalty and determination. It is why he is one of the winningest managers in Major League history, and it is why the Braves are what they are today. So I say to Bobby: I'll still be a Braves fan after you retire, but it just won't be the same without number six in the dugout. It is no wonder players love to play for Bobby. It is no wonder his fans feel like they are part of the team. I am honored to call Bobby my friend and, I am grateful that he has led me to continue cherishing-- and needing--baseball the way I do. Bobby, congratulations on your well-deserved retirement. It is your kind of integrity and stature that brings the game great pride.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. I ask unanimous consent that the order for the quorum call be rescinded.