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RESOLVED FOR THE FEDERAL
GOVERNMENT TO ACT TO PROMOTE JOB
CREATION.
MR. PRESIDENT, I SUGGEST THE
ABSENCE OF A QUORUM.
THE
CLERK WILL CALL THE ROLL.
CALL:
THE
SENATOR FROM NEW YORK.
I KNOW OUR TIME
EXPIRES SHORTLY, AND SENATOR
HATCH --
THE
SENATE IS IN A QUORUM CALL.
I ASK UNANIMOUS
CONSENT THE QUORUM CALL BE
DISPENSED WITH.
WITHOUT
OBJECTION.
I'D LIKE TO SPEAK
ON TWO OTHER SUBJECTS UNTIL
SENATOR LEAHY ARRIVES.
FIRST I RISE IN SUPPORT OF A
BILL THAT I'LL BE INTRODUCING
ALONG WITH SENATORS LEAHY,
GILLIBRAND, FRANKEN AND
KLOBUCHAR, THE BILL WHICH THE
SENATE IS ALSO PASSING TODAY BY
UNANIMOUS CONSENT IS TRULY
UNIQUE BECAUSE IT ACCOMPLISHES
THREE INCREDIBLY IMPORTANT
OBJECTIVES AT THE SAME TIME.
IT ENSURES THAT APPROXIMATELY
5,600 DISABLED REFUGEES WILL NOT
LOSE CRITICAL LIFE-SUSTAINING
BENEFITS THAT IS THEIR ONLY
SAFETY NET, PROTECTING THEM FROM
HOMELESSNESS, ILLNESS AND OTHER
EFFECTS OF EXTREME POVERTY.
SOME OF THE DISABLED REFUGEES
THIS BILL HELPS ARE PEOPLE WHO
TROOPS OVERSEAS
IN AIRCRAFT OR AFGHANISTAN
AND -- IN IRAQ OR AFGHANISTAN.
OTHERS ARE VICTIMS OF TORTURE OR
HUMAN TRAFFICKING WHOSE INJURIES
ARE SO SEVERE THAT THEY'RE NOW
UNABLE TO SUSTAIN THEMSELVES
WITHOUT THESE BENEFITS.
THE BILL CONTINUES THE BUSH
ADMINISTRATION POLICY OF MAKING
SURE THAT THIS VULNERABLE GROUP
DOES NOT LOSE THEIR BENEFITS,
BUT UNLIKE PAST BILLS THE SECOND
KEY FACT ABOUT THIS BILL IS THAT
IT'S FULLY PAID FOR.
IT'S PAID FOR BY IMPOSING A $30
FEE ON INDIVIDUALS APPLYING TO
ENTER THE COUNTRY THROUGH THE
DIVERSITY VISA LOTTERY PROGRAM.
EACH YEAR HUNDREDS OF THOUSANDS
OF PEOPLE APPLY TO BE ONE OF THE
50,000 INDIVIDUALS ALLOWED TO
EMIGRATE TO THE UNITED STATES,
AND THE PROGRAM HAS HAD GREAT
SUCCESS.
I'VE BEEN SUPPORTIVE OF IT.
AND IT'S ALSO ENRICHED THE
AMERICAN FABRIC WITH IMMIGRANTS
FROM COUNTRIES NOT TRADITIONALLY
REPRESENTED IN THE IMMIGRANT
POOL.
BUT UNFORTUNATELY, BECAUSE
APPLYING FOR A LOTTERY TICKET
HAS BEEN TRADITIONALLY FREE, THE
HAS RECENTLY BEEN
COMPROMISED BY THIRD PARTIES
FILING APPLICATIONS ON BEHALF OF
UNKNOWING FOREIGN NATIONALS WHO
THEN TURN AROUND AND TRY TO
EXTORT MONEY FROM THESE
NATIONALS IF THE TICKET TURNS
OUT TO BE A WINNING TICKET.
THAT'S REALLY WRONG
AND UNFAIR.
THE STATE DEPARTMENT HAS TOLD US
THAT BY CHARGING THIS 30-DOLLAR
FEE, WE'LL ELIMINATE THIS
MISCONDUCT.
SO IT'S A WIN-WIN.
WE GET SOME MONEY TO PAY FOR
THESE REFUGEES, WHICH WE ALL
HAVE ADMITTED SHOULD BE HERE,
AFGHANISTAN.
MANY HAVE HELPED US IN IRAQ AND
AND AT THE SAME TIME DOESN'T
COST US A NICKEL AND ELIMINATES
A SCAM THAT INVOLVES A VERY
VISAS.
WORTHY PROGRAM, THE DIVERSITY
FINALLY, THE THIRD GREAT THING
ABOUT THIS BILL IS THAT BY
SETTING THE FEE AT $30, THE
C.B.O. PROJECTS IT WILL ACTUALLY
REDUCE OUR DEFICIT BY
$24 MILLION.
SO IT WILL HELP IN A SMALL WAY
REDUCE THE DEFICIT.
THE BILL HITS THE TRIFECTA.
IT HELPS A SMALL GROUP OF THE
MOST VULNERABLE AND NEEDY
ABANDONED.
INDIVIDUALS WHO WE HAVE NOT
IT VIRTUALLY ELIMINATES
MISCONDUCT IN THE DIVERSITY VISA
PROGRAM, AND IT REDUCES THE
FEDERAL DEFICIT.
BECAUSE IT'S A WIN-WIN-WIN FOR
ALL SIDES, I ASK THAT MY
COLLEAGUES IN THE HOUSE TAKE UP
AND PASS THIS BILL IMMEDIATELY.
THE BENEFITS FOR THESE FOLKS
ALREADY EXPIRED ON OCTOBER 1,
AND IF WE DON'T ACT SOON, WE
WON'T BE ABLE TO REPAIR THE
IRREPARABLE HARM THAT WILL BE
DONE TO THESE MOST VULNERABLE
INDIVIDUALS.
I WANT TO THANK BOTH MY -- MY
SPONSORS AND CHAIRMAN AND
RANKING MEMBERS OF THE RELEVANT
COMMITTEES GOVERNING THIS BILL,
SENATORS LEAHY, GRASSLEY,
BAUCUS, HATCH, CONRAD, SESSIONS
AND CORNYN, FOR ALLOWING THE
BILL TO PASS.
I'D ALSO LIKE TO THANK SENATOR
COBURN FOR WORKING WITH ME IN
ALLOWING THIS BILL TO PASS AND
ADDRESS HIS CONCERNS TO MAKE THE
BILL BETTER.
WE HAVE DONE SOMETHING VERY GOOD
TODAY, AND I THANK ALL OF MY
COLLEAGUES WHO HAVE JOINED IN
THE UNANIMOUS CONSENT RESOLUTION
THAT WILL PASS SHORTLY.
I HOPE THE HOUSE DOES THE SAME.
PRESIDENT, I -- SINCE WE'RE
AWAITING SENATOR LEAHY, I'LL
CONTINUE AS IF IN MORNING
BUSINESS, AND ON A FLOOR
STATEMENT ON MR. WILLIAM
F.KUNTZ, II, HE IS NOMINEE TO
THE U.S. DISTRICT COURT FOR THE
EASTERN DISTRICT OF NEW YORK.
I WANT TO DESCRIBE TO MY
COLLEAGUES THE EXTRAORDINARY
QUALIFICATIONS OF DR. KUNTZ, THE
NOMINEE TO THE BENCH OF THE
EASTERN DISTRICT WHO WE WILL
HOPEFULLY CONFIRM LATER TODAY.
DR. KUNTZ HAS EXACTLY THE
SKILLS, TEMPERAMENT AND
EXPERIENCE TO BE A PERFECT
ADDITION TO ONE OF THE BUSSIEST
U.S. DISTRICT COURTS IN THE
COUNTRY.
DR. KUNTZ IS CURRENTLY A PARTNER
IN THE NEW YORK OFFICE OF BAKER
AND HOSTETTLER.
HE IS A NATIVE OF HARLEM.
HE GREW UP IN WHAT WAS THEN
CALLED THE POLO GROUND PROJECTS
AND WENT TO HIGH SCHOOL AT
FORDHAM PREP IN THE SOUTH BRONX.
HE EARNED HIS UNDERGRADUATE
DEGREE FROM HARVARD UNIVERSITY
FOLLOWED BY A MASTER'S DEGREE IN
HISTORY AND A Ph.D. IN
AMERICAN LEGAL HISTORY, ALL FROM
HARVARD.
I HOPE NO ONE WILL HOLD THAT
AGAINST HIM, AND ALL WITHIN 11
YEARS OF ARRIVING IN CAMBRIDGE
FROM HARLEM.
WHAT AN AMAZING MAN.
WHAT AN AMERICAN DREAM STORY.
I WOULD VENTURE THAT THROUGHOUT
THIS COUNTRY, DR. KUNTZ HAS FEW
PEERS IN TERMS OF EDUCATION AND
TRAINING, BUT HE DIDN'T USE HIS
DEGREES TO GO ON AND TEACH AND
WRITE, A VALUABLE CAREER PATH TO
BE SURE, BUT POSSIBLY NOT ONE
THAT WOULD HAVE PUT HIS SKILLS
AS AN ADVOCATE AND HIS
COMMITMENT TO THE PEOPLE OF NEW
YORK TO THEIR HIGHEST AND BEST
USE.
INSTEAD, DR. KUNTZ WENT ON TO
LOG 33 YEARS OF LITIGATION
EXPERIENCE IN SOME OF NEW YORK
CITY'S FINEST LAW FIRMS, AND
MOST IMPRESSIVE TO ME, HE SERVED
FOR 23 YEARS AS COMMISSIONER ON
THE CITY CIVILIAN COMPLAINT
REVIEW BOARD.
THIS INDEPENDENT AGENCY OVERSEES
THE INVESTIGATION OF CITIZENS'
CLAIMS OF MISCONDUCT BY NEW YORK
CITY POLICE OFFICERS.
BY ALL ACCOUNTS, DR. KUNTZ
STAKED OUT AN ADMIRABLE MIDDLE
GROUND INFORMED BY HARD
INVESTIGATIVE WORK AND CAREFUL
CONSIDERATION OF ALL OF THE
5,000 CASES THAT CAME BEFORE THE
BOARD EVERY YEAR, AND WHEN MY
LEGAL COMMITTEE LOOKED INTO HIS
WORK THERE, HE WAS PRAISED BY
BOTH THE POLICE SIDE AND THOSE
WHO BROUGHT CASES BEFORE THE
BOARD IN THAT KIND OF
TEMPESTUOUS SITUATION, THAT'S
RARE INDEE
HIS COMMITMENT TO PUBLIC SERVICE
IS LONG AND IMPRESSIVE.
HE SERVED IN LEADERSHIP
POSITIONS ON THE LEGAL AID
SOCIETY, THE NEW YORK BAR AND
THE P.M.I. AMONG OTHERS.
I NOTE THAT DR. KUNTZ WILL BE
FILLING AN EMERGENCY VACANCY IN
THE EASTERN DISTRICT OF NEW
YORK, A COURT THAT ADJUDICATES A
LARGE SHARE OF CRITICAL CASES
SUCH AS TERRORISM AND TERRORISM
FINANCING, ORGANIZED CRIME AND
MORTGAGE FRAUD.
DR. KUNTZ IS SORELY NEEDED AND
MORE THAN UP TO THE TASK.
SO I LOOK FORWARD TO DR. KUNTZ'
SERVICE ON THE BENCH AND
CONGRATULATE HIM AND HIS FAMILY.
WITH THAT, MR. PRESIDENT, I
YIELD THE FLOOR.
NOTICE THE ABSENCE OF A
QUORUM.
THE CLERK
WILL CALL THE ROLL.
CALL:
MR. PRESIDENT.
THE
SENATOR FROM VERMONT.
I ASK UNANIMOUS
CONSENT THE CALL OF THE QUORUM
BE DISPENSED WITH.
WITHOUT
OBJECTION.
THE SENATE WILL PROCEED TO
EXECUTIVE SESSION TO CONSIDER
THE FOLLOWING NOMINATIONS WHICH
THE CLERK WILL REPORT.
NOMINATIONS, THE
JUDICIARY, HENRY F. FLOYD OF
SOUTH CAROLINA TO BE UNITED
STATES CIRCUIT JUDGE.
NANNETTE BROWN OF LOUISIANA TO
BE UNITED STATES DISTRICT JUDGE.
OF MAINE TO BE
UNITED STATES DISTRICT JUDGE.
WILLIAM FRANCIS KUNTZ, II OF NEW
YORK TO BE UNITED STATES
DISTRICT JUDGE.
MARINA GARCIA MARMOLEJO OF TEXAS
JUDGE.
TO BE UNITED STATES DISTRICT
JENNIFER GUERIN ZIPPS OF ARIZONA
TO BE UNITED STATES DISTRICT
JUDGE.
UNDER THE
PREVIOUS ORDER, THERE WILL BE
ONE HOUR FOR DEBATE WITH RESPECT
TO THE NOMINATIONS WITH THE TIME
EQUALLY DIVIDED IN THE USUAL
FORM.
AND, MR. PRESIDENT,
THAT WOULD BRING US TO 20
MINUTES TO 6:00, AND I THINK
THERE WAS PROBABLY AN ATTEMPT TO
VOTE AT 5:30, SO I WOULD ASK
CONSENT THAT THE TIME BE STILL
DIVIDED IN THE REGULAR WAY BUT
THE VOTES BEGIN AT 5:30.
WITHOUT
OBJECTION.
MR. PRESIDENT,
TODAY'S CONSIDERATION OF SIX
QUALIFIED CONSENSUS JUDICIAL
NOMINATIONS IS WELCOME.
IT'S ALL TOO RARE.
I COMMEND MAJORITY LEADER REID
FOR PRESSING FOR SENATE VOTES ON
ALL 27 OF THE JUDICIAL NOMINEES
FULLY CONSIDERED BY THE SENATE
JUDICIARY COMMITTEE AND WAITING
FINAL ACTION BY THE SENATE.
WE HAVE A JUDICIAL VACANCY RATE
THAT STANDS AT 11%.
WE HAVE 95 VACANCIES IN FEDERAL
COURTS AROUND THE COUNTRY.
WE HAVE TO BUILD ON TODAY'S
EFFORTS.
THE REGULAR CONSIDERATION OF
NOMINATIONS WITHOUT NEEDLESS
DELAY.
I WAS TALKING THE OTHER DAY WITH
BRUCE COHEN, WHO IS THE CHIEF OF
STAFF OF THE SENATE JUDICIARY
COMMITTEE, CHIEF COUNSEL, AND
SOMEBODY WHO HAS HAD A GREAT
DEAL OF EXPERIENCE WORKING WITH
DIFFERENT SENATORS, AND WE WERE
TALKING ABOUT THE FACT THAT IT
HAS NEVER BEEN -- THAT THERE HAS
NEVER BEEN ANYTHING LIKE THIS.
WE USUALLY SEE WHETHER IT'S A
REPUBLICAN PRESIDENT, DEMOCRATIC
PRESIDENT, REPUBLICAN-CONTROLLED
SENATE, DEMOCRATIC-CONTROLLED
SENATE, WHEN NOMINEES GO THROUGH
THE SENATE JUDICIARY COMMITTEE
UNANIMOUSLY, SUPPORTED BY THE
SENATORS FROM THEIR HOME STATES,
THEY USUALLY WITHIN A FEW DAYS
DURING WRAPUP VOICE VOTE IT
THROUGH.
NOW, ONCE IN A WHILE, WHOEVER IS
LEADER MAY NEED A -- A VOTE ON A
MONDAY AFTERNOON, SO THE NEXT
MONDAY AFTERNOON ONE WILL BE
VOTED ON.
OF COURSE IT'S ALWAYS 100-0.
WE HAVE PEOPLE GO THROUGH
REPUBLICAN AND DEMOCRATIC
UNANIMOUSLY SUPPORTED BY
SENATORS, AND THEY WAIT MONTH
AFTER MONTH AFTER MONTH.
I HOPE THAT WE CAN GET AWAY FROM
THAT.
I HOPE FOR THE INTEGRITY OF OUR
JUDICIAL SYSTEM THAT WE CAN GET
AWAY FROM THAT, BUT ALSO JUST
THINK OF THE PERSONAL ACCOUNT
THAT TAKES ON THE PEOPLE WHO
HAVE BEEN NOMINATED.
IF YOU'RE A LAWYER, YOU'RE A
DISTINGUISHED LAWYER, YOU'RE
NOMINATED FOR THE FEDERAL BENCH,
EVERYBODY IS GOING TO
CONGRATULATE YOU.
ISN'T THIS WONDERFUL.
AND THEN THE REST OF THE LAW
FIRM IS KIND OF LOOKING AT YOU
AND SAYING ARE YOU GOING TO
LEAVE NOW?
WHEN ARE YOU GOING TO LEAVE?
BECAUSE YOUR LIFE IS PUT ON
HOLD.
IT'S PROBABLY GOING TO TAKE --
YOU'RE PROBABLY GOING TO TAKE A
SIGNIFICANT CUT IN SALARY
ANYWAY, BUT YOU CAN'T -- YOU
CAN'T TAKE ON NEW CLIENTS.
SO ANYWAY, I ASK -- I ASK MY
FULL STATEMENT BE INCLUDED IN
THE RECORD, AND I HOPE THIS IS
PROBABLY AN INDICATION THAT
WE'LL FINALLY GET MOVING.
WITHOUT
OBJECTION, THE STATEMENT WILL BE
SUBMITTED FOR THE RECORD.
MR. PRESIDENT, I --
AS I USE MY TIME, MY ALLOTTED
TIME NOW AS IF IN MORNING
BUSINESS.
ABOUT THE
DEVASTATING FLOODING IN VERMONT,
AND ALSO OUR RECOVERY.
LAST WEEK, MY WIFE AND I
PROBABLY DROVE 400 MILES AROUND
STATE.
THE STATE OF VERMONT, INSIDE THE
WE'RE A SMALL STATE, AND THE
DISTINGUISHED PRESIDING OFFICER
KNOWS HOW IN SMALL STATES YOU
CAN GO FROM ONE END TO THE OTHER
FAIRLY QUICKLY.
WE CRISSCROSSED THE STATE OVER A
PERIOD OF A LITTLE OVER A WEEK.
A LOT OF THE TIME, JUST THE TWO
OF US IN THE CAR.
WE WOULD JUST DRIVE AROUND AND
GO AND SAY THANK YOU TO
VOLUNTEERS.
SOME OF THE THINGS WE SAW WERE
SO TOUCHING.
PEOPLE WHO HAD LOST EVERYTHING
VERSA.
WERE HELPING OTHERS, AND VICE
THE SPIRIT IS WONDERFUL, BUT THE
REALITY IS IN OUR LITTLE STATE,
THE STATE WHERE BOTH MY WIFE AND
I WERE BORN HAS BEEN HURT IN A
WAY THAT WE HAVE NOT SEEN IN OUR
LIFETIME.
I HAVE TALKED ABOUT THESE
INSPIRING ACTIONS OF VERMONTERS.
ONE OF THE THINGS, WE SAW SOME
OF THE WORST DAMAGE CAUSED BY
THE STORMS HAVE BEEN TO THE
HOUSES, THE MOBILE HOMES, THE
APARTMENTS WHERE VERMONTERS HAVE
BUILT THEIR LIVES AND MADE THEIR
HOMES, THEY HAVE BECOME PART OF
THE COMMUNITIES, THEIR KIDS GO
TO SCHOOL, THEY ARE THE FABRIC
OF THE COMMUNITY.
WE HAVE SEEN ENTIRE MOBILE HOME
DEVELOPMENTS WASHED AWAY.
WHERE HOMES ONCE STOOD NOW LIES
A PATH OF DAMAGE AND DESTRUCTION
AND HEARTBREAK.
LOOK AT THE HORRIFIC -- LOOK AT
THE HORRIFIC FLOODING WE HAVE
RIGHT HERE.
ROADS SUDDENLY WHERE THERE WERE
NO ROADS.
LOOK AT THE FOREFRONT OF THIS
PICTURE.
HOUSE COLLAPSED IN ON ITSELF.
CHILDREN'S TOYS, WHAT MIGHT
HAVE BEEN A PLAYGROUND AT ONE
TIME NOW DEVASTATED.
I HAD PEOPLE TELL ME WE LOST
EVERYTHING, AND THEN IN TEARS
WE LOST OUR WEDDING ALBUM, WE
LOST THE PICTURES OF OUR
CHILDREN WHEN THEY GRADUATED
FROM HIGH SCHOOL.
WE LOST THE PICTURES OF THEIR
BAPTISM OR THEIR BAR MITZVAH.
I MEAN IT JUST TEARS YOU APART
BECAUSE THEY'VE LOST NOT ONLY
THEIR HOMES, THEY'VE LOST PART
OF THEIR MEMORIES.
I WANT TO COMMEND MY STAFF BOTH
HERE IN WASHINGTON AND IN
VERMONT BECAUSE THEY HAVE WORKED
SOMETIMES LITERALLY AROUND THE
CLOCK, THEY HAVE WORKED
WEEKENDS, EVENINGS, DAYS TO
HELP.
AND THEY'VE SEEN THE --
FIRSTHAND THE RUIN AND THE PAIN
DELIVERED BY THIS DISASTER.
THEY'VE SEEN IT WITH THEIR EYES
BUT THEY'VE SEEN IT IN THE
TEARFUL EYES OF FAMILIES AROUND
THE STATE.
OVER THE SOUNDS OF GENERATORS
POWERING SUMP PUMPS AND HEAVY
COMMITMENT REMOVING DEBRIS WE'VE
HAD COUNTLESS CONVERSATIONS WITH
PEOPLE AS THEY STARED AT
FOUNDATIONS, EMPTY FOUNDATIONS
THAT ONCE HELD THEIR HOMES.
AS THEY DUG TOXIC MUCK OUT OF
THEIR BASEMENTS AND SHOPS, AS
VOLUNTEERS HELPED PULLING DOWN
WET DRY WALL IN A RACE AGAINST
THE ONSET OF MOLD.
MOST OF THESE CONVERSATIONS
BEGIN WITH MEMORIES OF
FAST-RISING WATER, BUT ALSO
DEATH-DEFYING RESCUES.
IN NORTHFIELD, NORTHFIELD, A
TOWN JUST A FEW MILES FROM WHERE
I LIVE, DOZENS OF HOMES ALONG
THE PEACEFUL DOG RIVER WERE
FLOODED WITH AS MUCH AS SIX FEET
OF WATER.
ONE HOMEOWNER WHO SUSTAINED THE
RISING WATERS ONLY BY CANOE
FEARS THE INSURANCE AND FEMA
ASSISTANCE WILL NOT BE ENOUGH TO
HELP HIM RESTORE HIS HOME.
HIS HOME.
HIS HOME, WHICH IS PART OF HIS
LIFE.
AND LIKE MANY OF THE RESIDENCES
WATER STREET NAIBS
NEIGHBORHOOD, HE'S LEFT
WONDERING IF REBUILDING IS
POSSIBLE OR EVEN WORTH THE
EFFORT.
IN BRATTLEBORO, MR. PRESIDENT,
THAT'S IN THE SOUTHEAST CORNER
OF OUR STATE ALONG THE
CONNECTICUT RIVER, THE
CONNECTICUT RIVER IS THE
BOUNDARY BETWEEN VERMONT AND NEW
HAMPSHIRE.
THE BRATTLEBORO HOUSING
AUTHORITY LOST 60 UNITS OF
HOUSING.
THEY PUT FAMILIES IN HOTELS OR
ON THEIR FRIENDS' COUCHES.
SPREAD THROUGHOUT THE REGION.
AS THE HOUSING AUTHORITY TRIES
DESPERATELY TO FIX WHAT IS LOST.
LOT OF THAT DAMAGE.
I WENT THERE WITH GOVERNOR
SHULMAN, AND THE HEAD OF OUR
VERMONT NATIONAL GUARD, I SAW
IT.
AND ROXBURY, BEAUTIFUL TOWN OF
ROXBURY, ONE TOWN ALONG A
PEACEFUL BROOK THAT IS USUALLY
ONE FOOT WIDE WAS FORCED TO THE
ROOF OF THEIR HOUSE AS
FLOODWATERS ROSE AND THE BROOK
BECAME ALMOST INSTANTLY A RAGING
RAPID MORE THAN 20 FEET ACROSS,
SIX FEET DEEP.
IN DUCKSBURY, THE NEXT TOWN
OVER FROM MINE, IN BERLIN, AND
NEARLY A DOZEN OTHER TOWNS,
MOBILE HOME PARKS QUICKLY BECAME
SUBMERGED.
THESE HOMES ARE ESPECIALLY
VULNERABLE TO FLOOD DAMAGE.
THEY'RE EASILY DESTROYED BY A
FEW FEET OF WATER.
IN AREAS WHERE THEY'VE NEVER
SEEN A FEW FEET OF WATER, AND
SUDDENLY IN SECONDS IT'S THERE.
LAST WEEK IN WOODSTOCK I VISITED
WHERE ON THE
NIGHT OF THE FLOOD THE ENTIRE
COMMUNITY CROWDED ONTO A SMALL
MOUND IN THE MIDDLE OF THE PARK
WAITING RESCUE AS THEY WATCHED
THEIR HOMES BEING DESTROYED.
MY SON AND I STOOD ON THAT MOUND
IT'S A BEAUTIFUL FALL DAY WHEN
WE STOOD THERE AND WE LOOKED
DOWN BUT YOU COULD SEE
EVERYTHING THAT HAD BEEN TORN
UP.
YOU COULD SEE THE GOWNS, YOU
COULD SEE THE DAMAGE.
AND I WONDER HOW CAN SOMEBODY
STAND THERE, NOT ONLY SEE THEIR
HOUSES DESTROYED, WATCH THAT
WATER COME UP AND IF IT COMES UP
JUST A LITTLE BIT FURTHER,
YOU'RE GOING TO DIE, TOO.
JUST ONE WEEK AFTER THE
FLOODING, FEMA ESTIMATED THAT
MORE THAN 900 HOMES IN VERMONT
HAD SUFFERED DAMAGE.
TODAY THAT NUMBER CONTINUES TO
GROW.
FAMILIES WHO FOUND SAFETY AND
COMFORT IN THEIR HOMES BEFORE
IRENE NOW FIND THEMSELVES LIVING
IN TEMPORARY HOMES AND SHELTERS
AND HOTELS.
AND WINTER IS QUICKLY, QUIETLY
APPROACHING.
OUR SMALL STATE'S ABILITY TO
BUILD NEW HOMES DEPENDS GREATLY
ON SUPPORT FROM FEDERAL SAFETY
NET PROGRAMS LIKE THE EMERGENCY
COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDING THAT I WAS PROUD
TO SUPPORT AND INCLUDED IN THE
TRANSPORTATION-H.U.D.
APPROPRIATIONS BILL.
THIS EMERGENCY FUNDING IS THE
FIRST STEP IN ADDRESSING THE
URGENT HOUSING NEEDS OF STATES
LIKE VERMONT THAT HAVE BEEN
STUCK LIE NATURAL DISASTERS.
WE KNOW MUCH MORE WILL BE NEEDED
TO HELP OUR COMMUNITIES AND
BUSINESSES GET BACK ON THEIR
FEET.
HOUSING AUTHORITIES NEED SECTION
8 CHOICE VOUCHERS.
THESE SOUND JUST LIKE NUMBERS TO
PEOPLE.
THEY ARE LIFE TO THE PEOPLE WHO
DEPEND UPON THEM.
THEY NEED TO PROVIDE RELIEF TO
LOW-INCOME RENTERS PERMANENTLY
DISPLACED, NEED THE FLEXIBILITY
FEW AVAILABLE
UNITS OF GOVERNMENT-SUBSIDIZED
HOUSING WITHOUT THE BURDEN OF
REQUIREMENTS.
STRING EPT ELIGIBILITY
I'M PROUD IN IS SENATE ON THE
APPROPRIATIONS COMMITTEE OVER
THE PAST SEVERAL WEEKS WORKING
SO HARD, WE'VE BEEN ABLE TO
MAKE PROMPT, SIGNIFICANT, AND
BIPARTISAN STRIDES TOWARDS
ADDRESSING THE EMERGING DISASTER
RECOVERY NEED IN STATES LIKE
VERMONT AND NEW JERSEY AND NORTH
CAROLINA.
I'VE SEEN 48 STATES IN THE UNION
FACED EMERGENCY DISASTER NEEDS
THIS YEAR.
MR. PRESIDENT, I REMEMBER THE
STORIES MY PARENTS AND MY
GRANDPARENTS TOLD ME OF LONG
BEFORE I WAS BORN -- OF
FLOODING LONG BEFORE I WAS BORN
IN VERMONT.
I'M 71 YEARS OLD.
I'VE NOT SEEN DAMAGE AND
DESTRUCTION OF THIS MAGNITUDE IN
LIFETIME.
VERMONT AND OTHER STATES WERE
HIT BY IRENE AND ARE STRETCHED
TO THE LIMIT RIGHT NOW.
JUST AS THE VICTIMS OF PAST
DISASTERS THROUGHOUT THE COUNTRY
WERE ABLE TO RELY ON THEIR
FELLOW AMERICANS' HELP IN THEIR
TIME OF NEED, INCLUDING
VERMONT'S HELP, SO SHOULD
VERMONTERS BE ABLE TO COUNT ON
HELP WHEN THEY NEED IT MOST.
AND IT IS REGRETTABLE, IT IS
DISAPPOINTING -- ACTUALLY IT'S
INCOMPREHENSIBLE THAT SOME IN
CONGRESS CONTINUE TO INSIST THAT
ASSISTANCE CAN ONLY COME AT THE
COST OF OTHER FEDERAL PROGRAMS
AND SERVICES RELIED UPON BY THE
AMERICAN PEOPLE, TO BE TAKEN
OUT OF EDUCATION, DO WE TAKE IT
OUT OF MEDICAL RESEARCH, DO WE
TAKE IT OUT OF JOB CREATION?
DO WE ROB PETER TO PAY PAUL.
NOW, SOME OF THESE SAME VOICES
HAVE HAD NO PROBLEM WITH
SPENDING HUNDREDS OF BILLIONS OF
WARS WAGED
OVERSEAS AND REBUILDING
AFGHANISTAN.
COMMUNITIES IN IRAQ AND
THEY'RE BORROW THE MONEY TO
REBUILD ROADS AND VILLAGES AND
HOMES IN IRAQ AND AFGHANISTAN,
BUT THEY'RE GOING TO APPLY A
DIFFERENT STANDARD TO EMERGENCY
DISASTER RECOVERY EFFORTS
DESPERATELY NEEDED BY AMERICANS
FOR AMERICANS HERE AT HOME IN
AMERICA.
IT'S ALICE IN WONDERLAND.
AN OLD LINE VERMONTER SAID TO
ME, HE SAID YOU KNOW, PAT, WE
GIVE THEM MONEY IN IRAQ AND
AFGHANISTAN TO BUILD HOMES AND
BRIDGES AND ROADS.
AND THEN THEY BLOW THEM UP.
BUILD THEM HERE IN AMERICA.
WE'LL TAKE CARE OF THEM.
AND WE'LL USE THEM.
YOU KNOW, I COULD GIVE A
TEN-HOUR SPEECH ON THE FLOOR ON
TWO SENTENCES SUM UP FROM
WHAT I'VE HEARD FROM ANYBODY, I
DON'T CARE WHAT THEIR POLITICAL
BACKGROUND IS OR ANYTHING ELSE
IN VERMONT.
NOW IS NOT THE TIME TO ASK
AMERICANS TO CHOOSE BETWEEN
HELPING VICTIMS OF A DISASTER OR
TO FUND CANCER RESEARCH OR
EQUIPMENT FOR FIRST RESPONDERS
OR JOB CREATING PROGRAMS.
COUNTRY.
WE NEED TO COME TOGETHER AS A
WE ALWAYS HAVE IN THE PAST TO
PASS AN EMERGENCY DISASTER BILL
THAT PROVIDES RELIEF TO OUR
STATES IN A TIME OF NEED.
NOW, THE SENATE HAS ANSWERED
THE CALL BY PASSING CRITICAL
DISASTER RELIEF LEGISLATION.
IT'S TIME FOR THE HOUSE TO DO
THE SAME.
WHEN VICTIMS OF HURRICANE IRENE
START REBUILDING THEIR HOMES,
AS THEY REBUILD THEIR HOMES,
MR. PRESIDENT, THEY REBUILD
THEIR LIVES.
AS THEY REBUILD THEIR LIVES,
THEY REBUILD OUR COMMUNITIES.
AS THEY REBUILD OUR
COMMUNITIES, THEY REBUILD OUR
STATE.
AND WE ARE A PART OF THE UNITED
AMERICA.
MR. PRESIDENT, I'D YIELD THE
FLOOR AND I WOULD SUGGEST THE
ABSENCE OF A QUORUM AND I ASK
CONSENT THE TIME BE EQUALLY
DIVIDED.
WITHOUT
OBJECTION.
THE CLERK WILL CALL THE ROLL.
QUORUM CALL:
A SENATOR: MR. PRESIDENT.
THE
SENATOR FROM IOWA.
I ASK THAT THE
CALLING OF THE QUORUM BE WILL
CONFIRM SIX MORE OF THE
PRESIDENT'S JUDICIAL NOMINEES.
FOUR OF THESE VACANCIES HAVE
BEEN DEEMED TO BE JUDICIAL
EMERGENCIES.
WITH THESE VOTES, WE WILL HAVE
CONFIRMED OVER 44% OF THE
PRESIDENT'S JUDICIAL NOMINEES
THAT HAVE BEEN SUBMITTED BY THE
PRESIDENT DURING THIS CONGRESS,
AND 66% OF ALL OF HIS JUDICIAL
NOMINEES.
AS I HAVE STATED, THE
CONFIRMATION OF EXECUTIVE AND
JUDICIAL APPOINTMENTS IS ONE OF
THE HIGHEST RESPONSIBILITIES OF
THE SENATE.
IT IS A DUTY THAT WE ALL TAKE
SERIOUSLY.
IT IS NOT, AS SOME HAVE
SUGGESTED, A PRO FORMA PROCESS.
WE'RE NOT HERE TO MERELY RUBBER
STAMP THE PRESIDENT'S NOMINEES.
PROCESS TAKES A
LITTLE TIME.
IT IS THE SENATE'S RIGHT AND
DUTY TO REVIEW THOROUGHLY THE
RECORDS, QUALIFICATIONS, AND
TEMPERAMENT OF NOMINEES.
ABOVE ALL, THE PROCESS IS TO BE
DIGNITY.
TREATED WITH RESPECT AND WITH
THIS IS IMPORTANT FOR THE
NOMINEES, FOR THE SENATE, AND
FOR PUBLIC CONFIDENCE IN OUR
CONSTITUTIONAL PROCESS.
SO I WAS DISTURBED TO READ
RECENT NEWS REPORTS REGARDING
WHAT WAS DESCRIBED AS AN
INDUCTION CEREMONY IN THE
NORTHERN DISTRICT OF CALIFORNIA
FOR JUDGE EDWARD CHAN.
I BELIEVE AT THIS EVENT JUDGE
CHAN SHOWED DISRESPECT TO THE
SENATE AND TO THE CONFIRMATION
PROCESS.
I REGRET THAT I WOULD HAVE TO
SPEND ANY TIME ON THIS SUBJECT
AND TAKE AWAY FROM THE
CONFIRMATION OF THE PENDING
NOMINEES.
BUT THERE ARE IMPORTANT POINTS
ADDRESSED TO
PROTECT OUR PROCESS AND TO
MEMBERS.
PROTECT OUR OWN INDIVIDUAL
THE SENATE CONFIRMED JUDGE CHEN
LAST MAY, 52-46.
NEEDLESS TO SAY HE WAS NOT A
CONSENSUS NOMINEE.
AMONG THE CONCERNS ABOUT THE
NOMINATIONS WAS IN JUDGE CHEN'S
JUDICIAL PHILOSOPHY, HIS
WILLINGNESS TO ADOPT THE EMPATHY
STANDARD AND, HIS VIEWS SHAPED
BY HIS ALONG ASSOCIATION WITH
THE ACLU.
REMARKS MADE
BY HIM -- VALID.
A ARTICLE ENTITLED "CHEN
ROASTED REPUBLICANS ROASTED.
"THAT MAKES THIS LOOK MORE LIKE
POLITICAL RALLY THAN A
JUDICIAL EVENT.
CHIEF JUDGE WARE QUIPPED, "IT
MAKES ME WONDER IF JUDGE CHEN
SHOULD BE RUNNING FOR POLITICAL
OFFICE."
THAT IS WHAT MANY OF US THOUGHT
WAS MORE APPROPRIATE FOR JUDGE
CHEN RATHER THAN HIS APPOINTMENT
TO A FEDERAL JUDGESHIP.
THE NEWS ARTICLE DESCRIBES
REMARKS BIMADE BY JUDGE CHEN
WHICH I CAN ONLY DESCRIBE AS
MOCKING ONE OF OUR MEMBERS,
SENATOR SESSIONS OF ALABAMA.
THIS IS DISTASTEFUL,.
IT WAS ONLY AFTER A PERSONAL
APPEAL BY SENATOR FEINSTEIN TO
SENATOR SESSIONS THAT THE VOTE
ON JUDGE CHEN WENT FORWARD.
SENATOR SESSIONS GREED THAT VOTE
AND PRESSED OTHER MEMBERS TO LET
THE VOTE PROCEED.
IF THE PRESS ACCOUNTS ARE
ACCURATE, I BELIEVE JUDGE CHEN
OWES AN APOLOGY TO SENATOR
SESSIONS.
AGAIN TO
EMBRACE HIS ACLU BACKGROUND
STATING "HAVING THE ACLU IN YOUR
D.N.A. IS NOT A DISEASE, IT IS
AN HONOR."
AS I HAVE SAID BEFORE, JUDGE
CHEN'S ADVOCACY ON BEHALF OF THE
ACLU IS NOT DISQUALIFYING BY
ITSELF.
BUT I HAVE TO WONDER ABOUT THE
IMPARTIALITY OF JUDGE CHEN.
MORE IMPORTANTLY, WHAT ARE --
WHAT ARE POTENTIAL LITIGANTS
APPEARING BEFORE JUDGE CHEN TO
THINK IF THE ACLU IS AN OPPOSING
LITIGANT IS THERE ANY WAY TO
THINK JUDGE CHEN CAN BE FAIR AND
IMPARTIAL?
I WOULD THINK MANDATORY RECUSAL
WOULD BE REQUIRED IN ANY ACLU
CASE COMING BEFORE HIM.
FEDERAL JUDGES MUST ABIDE BY THE
CODE OF CONDUCT FOR U.S. JUDGES.
I WILL WITHHOLD JUDGMENT ON
WHETHER OR NOT JUDGE CHEN
VIOLATED THOSE CANONS BUT IN MY
OPINION HE CLEARLY WENT TOO
FARKS PARTICULARLY WITH REGARD
TO THE REQUIREMENT TO UPHOLD THE
INTEGRITY OF THE JUDICIARY TO
AVOID IMPROPRIETY AND THE
APPEARANCE OF IMPROPRIETY IN ALL
ACTIVITIES AND LASTLY TO REFRAIN
FROM POLITICAL ACTIVITY.
I HOPE JUDGE CHEN REALIZES THE
IMPORTANT RESPONSIBILITY HE HAS
AND ACTS ACCORDINGLY IN THE
FUTURE.
I ALSO HOPE THIS IS A LESS TO
OTHER NOMINEES AS THEY TREAT
THIS PROCESS WITH RESPECT EVEN
AFTER CONFIRMATION AND
APPOINTMENT.
I HAVE BEEN WORKING THROUGHOUT
THIS CONGRESS TO CONFIRM
CONSENSUS NOMINEES.
I CONTINUE TO REMIND MY
COLLEAGUES OF THE PROGRESS THAT
WE HAVE MADE.
WITH THE HEARING IN THE
JUDICIARY COMMITTEE SCHEDULED
FOR TOMORROW, 85% OF PRESIDENT
OBAMA'S JUDICIAL NOMINEES WILL
HAVE RECEIVED A HEARING.
AT THIS POINT IN PRESIDENT
BUSH'S PRESIDENCY, ONLY 77% HAD
BEEN AFFORDED A HEARING.
NOT ONLY HAVE WE PROCESSED A
HIGHER PERCENTAGE OF NOMINEES,
IT IN A SHORTER
TIME.
PRESIDENT OBAMA'S CIRCUIT
NOMINEES HAVE ONLY HAD TO WAIT
ON AVERAGE 66 DAYS FOR A
HEARING.
PRESIDENT BUSH'S CIRCUIT COURT
NOMINEES WERE FORCED TO WAIT 247
DAYS.
IN FACT, WE WILL BE HEARING FROM
A FOURTH CIRCUIT NOMINEE
TOMORROW AFTER ONLY 26 DAYS
BEFORE OUR COMMITTEE.
NONE OF PRESIDENT BUSH'S CIRCUIT
COURT NOMINEES WERE AFFORDED A
HEARING THAT QUICKLY.
PRESIDENT BUSH'S FOURTH CIRCUIT
NOMINEES WERE PARTICULARLY
TREATED IN A HARSH MANNER.
MY FRIENDS ON THE OTHER SIDE OF
THE AISLE ALLOWED FOUR QUALIFIED
AND CONSENSUS NOMINEES TO
LANGUISH AT A TIME WHEN THE
FOURTH CIRCUIT WAS ONE-QUARTER
VACANT.
PRESIDENT OBAMA'S DISTRICT COURT
NOMINEES HAVE ALSO RECEIVED
BETTER TREATMENT.
ON AVERAGE, THEY HAVE WAITED
ONLY 79 DAYS FOR A HEARING.
PRESIDENT BUSH'S DISTRICT COURT
NOMINEES WAITED 247 DAYS.
ARE ALSO BEING
REPORTED OUT OF COMMITTEE AT A
QUICKER PACE AS WELL.
ON AVERAGE, PRESIDENT OBAMA'S
CIRCUIT AND DISTRICT COURT
NOMINEES HAVE BEEN REPORTED MORE
THAN 66 DAYS FASTER THAN
PRESIDENT BUSH'S.
ALL IN ALL, WE'VE TAKEN POSITIVE
ACTION ON 85% OF PRESIDENT
OBAMA'S JUDICIAL NOMINEES THIS
CONGRESS, EVEN THOUGH I'M PROUD
OF THIS PROGRESS, I MUST NOTE I
WILL CONTINUE TO FOCUS ON
QUALITY CONFIRMED OVER QUANTITY
CONFIRMED.
SHORTLY WE WILL BE VOTING ON
HENRY FLOYD WHO IS NOMINATED TO
THE APPEALS COURT FOR THE FOURTH
CIRCUIT.
THIS IS PRESIDENT PRESIDENT OBAMA'S FIFTH
CIRCUIT.
NOMINEE TO BE CONFIRMED IN THIS
PRESIDENT BUSH'S NOMINEE TO THE
FOURTH CIRCUIT FROM SOUTH
CAROLINA, STEVE MATTHEWS, DID
NOT RECEIVE THE SAME TREATMENT.
IN FACT, HE WENT 484 DAYS
WITHOUT SO MUCH AS A HEARING,
LET ALONE AN UP-OR-DOWN VOTE.
NOT ONLY WAS HE BLOCKED -- NOT
ONLY THAT BUT HE WAS BLOCKED
FROM BEING CONSIDERED.
I WOULD NOTE THE SEAT TO WHICH
HE WAS NOMINATED WAS
SUBSEQUENTLY FILLED BY A NOMINEE
FROM NORTH CAROLINA RATHER THAN
SOUTH CAROLINA WHERE THE VACANCY
AROSE.
ANOTHER VACANCY WE WILL BE
VOTING ON TONIGHT IS THE
DISTRICT OF ARIZONA SEAT HELD BY
LATE-JUDGE ROE.
BEFORE HIS TRAGIC AND UNTIMELY
DEATH ON JANUARY THE 8th,
2011.
THE ENTIRE JUDICIAL COMMITTEE
FELT THIS GREAT LOSS, AFTER
JUDGE ROLLS ***, I IMPLORED
THEM TO FILL THE SEAT AS QUICKLY
AS POSSIBLE.
IT WAS DEEMED TO BE A JUDICIAL
EMERGENCY INSTANTLY BECAUSE OF
HIS DEATH.
HOWEVER, IT TOOK OVER FIVE
MONTHS FOR THE ADMINISTRATION TO
NOMINATE JUDGE JENNIFER ZIPPS TO
THE SEAT EVEN THOUGH SHE WAS
SITTING MAGISTRATE JUDGE.
SINCE THE PRESIDENT TOOK HIS
TIME IN SUBMITTING A NOMINATION,
I FELT IT APPROPRIATE TO WORK
WITH THE CHAIRMAN TO MOVE THIS
NOMINATION THROUGH IN AN
EXPEDITIOUS MANNER.
NOMINATED IN LATE-JUNE OF THIS
YEAR, JUDGE ZIPPS RECEIVED HER
HEARING A MERE 34 DAYS LATER.
JUDGE ZIPPS WAS REPORTED TO THE
FLOOR SHORTLY AFTER WE RETURNED
FROM THE AUGUST RECESS.
AND I'M HAPPY TO HAVE CONTINUED
THIS FAST PACE AND ARE
CONFIRMING HER FOR A LIFETIME
POSITION TODAY.
IN ADDITION TO JUDGE FLOYD AND
JUDGE ZIPPS, WE WILL CONFIRM
NANNETTE BROWN TO BE UNITED
STATES DISTRICT JUDGE FOR THE
EASTERN DISTRICT OF LOUISIANA,
NANCY TERRESEN TO THE UNITED
STATES DISTRICT JUDGE FOR THE
DISTRICT OF MAINE, WILLIAM
FRANCIS KUNTZ TO BE DISTRICT
JUDGE FOR THE EASTERN DISTRICT
OF NEW YORK, MARINA MARMOLEJO TO
BE DESCRILGT JUDGE FOR THE
SOUTHERN DISTRICT OF TEXAS.
I'M PLEASED TO SUPPORT EACH OF
THESE NOMINEES AND I THANK THEM
FOR THEIR PUBLIC SERVICE AND
CONGRATULATE THEM FOR THEIR
PRIOR ACCOMPLISHMENTS AND
CONFIRMATION TODAY.
AND I ASK UNANIMOUS CONSENT THAT
MY FULL STATEMENT BE ENTERED IN
THE RECORD AT THIS POINT BECAUSE
IT TALKS ABOUT THE
QUALIFICATIONS OF EACH OF THESE
JUDICIAL NOMINEES.
WITHOUT
OBJECTION, THE STATEMENTS WILL
BE INCLUDED IN THE RECORD.
WITHOUT
OBJECTION.
AND I YIELD THE
FLOOR AND I SUGGEST THE ABSENCE
OF A QUORUM.
THE
CLERK WILL CALL THE ROLL.
QUORUM CALL:
MR. PRESIDENT I'D
ASK UNANIMOUS CONSENT TO
TERMINATE THE QUORUM CALL.
WITHOUT
OBJECTION.
LIEBLGD TO RISE
AND TALK ON TWO TOPICS, THE
FOURTH CIRCUIT COURT OF APPEALS
NOMINATION OF HENRY FLAID TO THE
AND THE MOTION TO PROCEED ON
CHINA CURRENCY.
THANK YOU.
FIRST, JUDGE HENRY FLOYD HAS
BEEN NOMINATED TO SERVE ON THE
FOURTH CIRCUIT COURT OF APPEALS
IN RICHMOND, VIRGINIA.
HE HAS A LOT OF BIPARTISAN
SUPPORT FROM SOUTH CAROLINA.
HE WAS NOMINATED BY JUDGE BUSH
-- PRESIDENT BUSH TOSH A
DISTRICT COURT JUDGE.
BEFORE THAT.
HE SERVED AS A STATE COURT JUDGE
HE HAS GOT A DISTINGUISHED
JURIST.
STATE AND FEDERAL
HE IS AN OUTSTANDING CHOICE BY
THE PRESIDENT TO SERVE ON THE
FIRST CIRCUIT COURT OF APPEALS.
I'VE KNOWN HIM FOR MANY YEARS,
HAVE PRACTICED LAW WITH HIM,
APPEARED BEFORE HIM AS A STATE
CAREER.
JUDGE AND HAS V. FOLLOWED HIS
HE IS UNANIMOUSLY RATED
WELL-QUALIFIED TO PROCEED TO THE
FOURTH CIRCUIT.
HE IS AN OUTSTANDING -- HE HAS
AN OUTSTANDING LEGAL BACKGROUND,
GREAT TEMPERAMENT AND IS ONE OF
THE MOST QUALIFIED DISTRICT
COURT JUDGES IN SOUTH CAROLINA
AND WILL SERVE THE PEOPLE OF THE
FOURTH JUDICIAL CIRCUIT WELL ON
THE COURT OF APPEALS.
HE HAS THE KIND OF INTELLECT AND
COMMON SENSE THAT I THINK MOST
PEOPLE IN THIS PART OF THE
COUNTRY WOULD APPRECIATE HAVING
ON THE CIRCUIT COURT.
SO I WANT TO THANK THE OBAMA
ADMINISTRATION AND URGE MY
COLLEAGUES TO VOTE FOR THIS
WELL-QUALIFIED, FINE MAN TO GO
TO THE FIRST CIRCUMSTANCE COURT
OF APPEALS, AND HE HAS A LOT OF
BIPARTISAN SUPPORT AT HOME.
SNRIED --
JUDGE FLOYD IS A BIG FAN, RIGHT,
LEFT, CENTER.
THE ISSUE AFTER THIS VOTE IS
WHETHER OR NOT THE SENATE SHOULD
PROCEED TO DEBATE LEGISLATION
THAT I'VE OFFERED -- AUTHORED
WITH SENATOR SCHUMER AND OTHERS
DEALING WITH THE CURRENCY
EXCHANGE PRACTICES OF THE
COMMUNIST DICTATORSHIP OF CHINA.
I'VE BEEN INVOLVED IN THIS NOW
FOR ALMOST SEVEN YEARS.
WE'VE DONE A SENSE OF THE SENATE
RESOLUTION BACK IN 2004, I
BELIEVE IT WAS, URGING THE
CHINESE TO CHANGE THEIR CURRENCY
POLICY.
WHAT DOES THIS MEAN TO THE
AVERAGE AMERICAN?
THE EXCHANGE RATE TODAY IS 6.38
6.38YUAN TO THE DOLLAR.
WHEN YOU LOOK AT THE DOLLAR TO
THE URO, I DON'T KNOW WHAT IT IS
TRADING TODAY BUT IT GOES UP AND
DOWN EVERY DAY.
CHINA'S ECONOMY IS GROWING AT
9.1%.
THEY ARE THE SECOND-LARGEST
ECONOMY IN THE WORLD, MOVING
LIKE GANG BUSTERS.
DOES IT REALLY MATTER FOR THEM
CURRENCY?
TO SUPPRESS THE VALUE OF THEIR
YES, IT DOES.
AND ANY OBJECTIVE OBSERVER
LOOKING AT HISTORY OF THE WAY
THE CHINESE GOVERNMENT DEALS
WITH THEIR MONETARY POLICY WOULD
CONCLUDE THAT THEY KEEP THE YUAN
BELOW ITS TRUE VALUE TO CREATE A
CHINA.
DISCOUNT ON PRODUCTS MADE IN
LOOK THAT IT THIS WAY.
IF YOU ARE COMPETING WITH CHINA
IN THE WORLD MARKETPLACE, IT IS
ONE THING TO HAVE CHEAP LABOR TO
COMPETE AGAINST, IT IS ANOTHER
THING TO HAVE THE GOVERNMENT OF
CHINA DIRECTLY SUPPORTING THEIR
INDUSTRIES IN A WAY WE DON'T
HEEMPLET BUT WHEN YOU ADD
INTELLECTUAL PROPERTY THEFT, DO
YOU BUSINESS IN CHINA, THE NEXT
THING YOU KNOW A CHINESE COMPANY
ACROSS THE STREET IS PRODUCING
THE VERY PRODUCT YOU WENT TO
CHINA TO PRODUCE, SO THE CHINESE
GOVERNMENT NEEDS TO FOLLOW THE
RULE OF LAW AND LIVE WITH THE
NORMS OF THE INTERNATIONAL
BUSINESS PRACTICES AND WHEN IT
COMES TO CURRENCY MANIPULATION,
IT IS JUST IMPOSSIBLE TO BELIEVE
THAT THE DOLLAR-TO-YUAN RATIO
EXISTS WITHOUT THE GOVERNMENT
MANIPULATING THE VALUE OF THE
YUAN.
PEOPLE ESTIMATE THAT IT'S 25% TO
40% BELOW ITS TRUE VALUE.
THAT MEANS IF YOU ARE COMPETING
WITH CHINA THE SAME PRODUCT MADE
IN CHINA, THERE IS A DISCOUNT ON
THE CHINESE PRODUCT BASED ON THE
VALUE OF THEIR MONEY.
EXPLODED.
THE TRADE DEFICIT WITH CHINA HAS
LAST YEAR IT WAS $273 BILLION,
WHERE $160.4 BILLION IN JULY OF
THIS YEAR.
CHEAP EXPORTS COMING OUT OF
CHINA IS A SOURCE OF CASH FOR
THE CHINESE GOVERNMENT AND THE
CHINESE INDUSTRY.
YOU
CAN'T CONVERT THE CURRENCY IN
CHINA.
IN THE UNITED STATES YOU CAN
TAKE YOUR MONEY AND CONVERT IT
TO ANY CURRENCY YOU WOULD LIKE.
IF A CHINESE MANUFACTURER SELLS
A PRODUCT IN THE UNITED STATES
AND NOT GET PAID IN DOLLARS,
THEY HAVE TO CONVERT IT TO THE
YUAN.
THEY HAVE VERY RESTRICTIVE
MONETARY POLICIES, AND THE BAN
DAY.
OF TRADING ON THE YUAN IS 0.5% A
DOLLAR CAN FLUCTUATE BASED
ON ALL KINDS OF ECONOMIC FORCES:
OUR DEBT, OUR TRADE DEFICIT,
WHAT'S GOING ON HERE AT HOME.
BUT THE CHINESE GOVERNMENT
RESTRICTS THE VALUE, THE
FLUCTUATION OF THE CURRENCY IN A
WAY THAT COSTS US JOBS.
IT'S ESTIMATE THAT HAD OVER TWO
MILLION -- IT'S ESTIMATE THAT
HAD OVER TWO MILLION JOBS HAVE
BEEN LOST OVER THE LAST DECADE
BECAUSE OF CURRENCY MA
MANIPULATION ALONE.
OVER 41,000 JOBS HAVE BEEN LOST
IN SOUTH CAROLINA ALONE BECAUSE
COMPANIES CAN'T COMPETE WITH
CHINA.
SO THIS LEGISLATION WOULD ALLOW
THE TREASURY DEPARTMENT TO
CREATE NEW CRITERIA TO MONITOR
CHINESE GOVERNMENT.
THE CURRENCY PRACTICES OF THE
AND IF IT IS FOUND TO BE
MISALIGNED OR MA TPHEUPLTED --
MANIPULATED THE TREASURY
DEPARTMENT CAN PWREUP
COUNTERVEILING -- PWREUP
COUNTERVEILING DUTY ACTION
AGAINST CHINA.
WE'VE DONE THIS BEFORE WHEN THE
MARKET.
OUR
IF A COUNTRY IS VIOLATING THE
INTERNATIONAL BUSINESS
STANDARDS, WE HAVE UNDER THE
BACK.
W.T.O. THE ABILITY TO FIGHT
WHAT THIS LEGISLATION WOULD DO
IS IT WOULD ELEVATE CURRENCY
MANIPULATION.
IT'S ONE THING TO DUMP A PRODUCT
LIKE STEEL OR TIRES INTO THE
AMERICAN ECONOMY, CREATING AN
UNFAIR ADVANTAGE FOR THE CHINESE
MANUFACTURING COMMUNITY.
WE HAVE TOOLS TO DEAL WITH THAT.
BUT WE HAVEN'T EMBRACED PUSHING
BACK AGAINST CURRENCY.
CHINA SHOULD BE A GREAT PLACE TO
DO BUSINESS, BUT IT'S NOT.
IT SHOULD BE MORE BALANCED THAN
IT IS.
CHINA.
I WANT TO DO BUSINESS WITH
I JUST DON'T WANT TRADE DEFICITS
OF $273 BILLION THAT ARE
ARTIFICIALLY CREATED.
IF THEY DO SOMETHING BETTER THAN
MARKETPLACE.
US, THEY SHOULD WIN IN THE
THAT'S JUST THE WAY BUSINESS
WORKS.
BUT IF THE GOVERNMENT INTERVENES
AND CREATES AN ADVANTAGE FOR A
CHINESE GOVERNMENT, THAT'S NOT
WINNING IN THE MARKETPLACE.
THIS WOULD NOT MATTER IF IT WERE
A COUNTRY LIKE THE DOMINICAN
REPUBLIC OR SOME SMALL COUNTRY
WHERE THEY HAVE TO KEEP THE
CURRENCY IN CHECK, BECAUSE YOU
DON'T WANT WILD SWINGS OF YOUR
SURGEON IS I.
BUT -- OF YOUR CURRENCY.
BUT WHEN YOU'RE A MAJOR ECONOMIC
POWER LIKE CHINA, LIKE THE
UNITED STATES, LIKE EUROPEAN
COUNTRIES, YOU CAN'T PLAY THAT
GAME.
SO I HOPE MY COLLEAGUES WILL
VOTE TO ALLOW THIS DEBATE TO GO
FORWARD, BECAUSE THIS IS ABOUT
AMERICAN JOBS AT THE END OF THE
DAY.
SO WITH THAT, I YIELD BACK AND
NOTICE THE ABSENCE OF A QUORUM.
CALL:
THE
SENATOR FROM IDAHO.
I ASK UNANIMOUS
CONSENT THE QUORUM CALL BE
VITIATED.
WITHOUT
OBJECTION.
ALL PENDING NOMINATIONS OTHER