[Congressional Record Volume 155, Number 31 (Monday, February 23, 2009)]
[Senate]
[Pages S2353-S2360]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




DISTRICT OF COLUMBIA HOUSE VOTING RIGHTS ACT OF 2009--MOTION TO PROCEED

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will resume consideration of the motion to proceed to S. 160, 
which the clerk will report.

[[Page S2354]]

  The legislative clerk read as follows:

       Motion to proceed to Calendar No. 23, S. 160, a bill to 
     provide the District of Columbia a voting seat and the State 
     of Utah an additional seat in the House of Representatives.

  The ACTING PRESIDENT pro tempore. The Senator from Rhode Island is 
recognized.
  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent to speak as in 
morning business for up to 15 minutes.
  The ACTING PRESIDENT pro tempore. Is there objection?
  Without objection, it is so ordered.


                         Universal Health Care

  Mr. WHITEHOUSE. Mr. President, for the past several years, it has 
been my great privilege to travel around my home State of Rhode Island 
and hear directly from the people I was elected to serve--to listen to 
what is on their minds, their good news and their worries and the 
challenges and opportunities they and their families face every day.
  I regularly hold community dinners in Rhode Island. We serve pasta 
and meatballs or hamburgers and hotdogs. We invite people from the 
community and we talk about the issues that matter to them. Sometimes I 
ask people to come together to talk about a particular issue, which is 
what we did Sunday, 2 weeks ago, at the Tri-City Elks Lodge in Warwick. 
I invited Rhode Islanders to join me to talk about our broken health 
care system and what we might do to fix it.
  More than 200 people came, from at least 14 different cities and 
towns. The parking lot was jammed; the room was packed; Seniors and 
students, patients and providers, business-owners and veterans. They 
know what is wrong with our system--they experience it first hand every 
day. They came to share their frustration, their anger; to tell what's 
happened to them in a system that too often leaves them nowhere to 
turn.
  That evening, I launched a new feature on my web site to help people 
share their stories about health care. At whitehouse.senate.gov/
storyboard, there is a forum where Rhode Islanders can read about 
others' experiences with this broken system, and tell me about their 
own. We gave people who came to the dinner the chance to write their 
stories, right then and there. And one after another, the stories came.
  Mr. President, if anyone believes we can afford to wait to fix the 
health care system, that this is not an urgent, crisis-level problem 
for the people of this country, I urge them to listen to what these 
Rhode Islanders had to say.
  Sandra from Smithfield wrote:

       As of this month I will no longer be treating my Rheumatoid 
     Arthritis. The treatment costs almost $6,000 every six weeks. 
     The kicker is that I have help from the drug company to pay 
     for the drug portion, but that is only half the cost of 
     administering the infusions. I do not have $3,000 this month. 
     I am begging for universal health care. I am 52 years old. I 
     worry every day when the crippling effects of rheumatoid 
     arthritis will put me in a wheelchair because I cannot afford 
     to treat my disease. Please fight for universal health care. 
     Please help.

  David from Warwick, stood up at the dinner and explained that he 
began receiving Social Security and Medicare 3 years ago:

       Each year since, the amount I get has gone down because the 
     Social Security cost of living raise has not kept up with the 
     rising cost of my medical coverage. This year I had to cut my 
     coverage. My co-pays are now more than I can afford.

  Brande is a young woman from Johnston, Rhode Island who has struggled 
with juvenile diabetes since age 11. She wrote:

       Although I have done everything humanly possible to control 
     my diabetes, [I] still am not able to achieve tight blood 
     sugar control. My diabetes doctor believes the best hope for 
     my health is continuous blood glucose monitoring sensors that 
     would accommodate my insulin pump. Through many requests, and 
     many letters to Blue Cross, I have still been denied these 
     life saving sensors that I desperately need.

  Many, many Rhode Islanders at this dinner shared stories of their 
frustration with the Medicare Part D prescription drug benefit. Frances 
in Cranston wrote:

       Humana changed its premium from $25 to $39.95 per month and 
     at the same time the copayment to fill a prescription went 
     from $25 to $40. When I complained that I would leave for 
     another Medicare Part D provider, they said I would have to 
     wait until next November.

  Everett from Warwick and his wife saw their Part D premiums go up by 
40 percent without notice, and they had to pay a 3-month penalty when 
they finally decided to switch plans:

       Now, my new provider, First Health, wants to charge my wife 
     another $3.50 per month. I am appealing but why should the 
     provider get the extra money? It is already costing her more 
     to have this plan.

  Robert, also from Warwick, was flatly frustrated with the whole Part 
D process. He said:

       We have to simplify the Medicare Part D plans. There are 
     too many choices and too many plans, and too many cards. They 
     should just all be the same.

  The health care stories went on. From Carolyn in Warwick:

       All my doctors are dropping out of my insurance plans. My 
     primary care doctor is going to MDVIP--$1500 a year up front. 
     I can't afford to see him anymore.

  From Amanda in Providence:

       My father is a Medicare recipient. My family and I live 
     with constant worry that he will lose certain benefits. It is 
     frustrating and painful that in his last few years with us we 
     have to spend so much time worrying about his healthcare 
     access.

  From Joyce in Warwick:

       I take two medications. The insurance will pay for one 
     medication for 30 days. I am supposed to take two a day!

  From Maggie in Johnston:

       I'm self-employed and am unable to afford health insurance. 
     My business partner finally had to drop hers. It was costing 
     her $1,000 a month.

  From Annette in Cranston:

       I was buying my health insurance for my daughter and myself 
     from Blue Cross direct . . . I can no longer afford it, so I 
     had to let it go.

  Ronald in Wakefield:

       I am middle class, so no one speaks for me. Please don't 
     forget those of us who have coverage and pay for it out of 
     our own pocket.

  Carol in West Kingston:

       I am faced with the option of providing health insurance 
     for myself or food on the table for my family . . . I decided 
     to opt out of COBRA. I am taking a risk being a cancer 
     survivor but what else can I do?

  Jean in West Warwick:

       I really don't know at is going to happen.
  Roberta in Coventry:

       Between my son's medications and mine, it is just out of 
     reach for me. So in order to keep my son healthy, I go 
     without. Last year, I fell ill and could not afford to go to 
     the doctor. I have been a nurse for almost 40 years, and I 
     have worked myself to the bone healing sick people. My health 
     is failing, and I am afraid I will not see my grandchildren 
     grow up. Please help us.

  And on and on it went. Every time someone at the community dinner 
took the microphone to speak about the complexity and unfairness of 
Medicare Part D, heads around the room nodded. Every time someone stood 
and called for universal health coverage, this Rhode Island crowd 
applauded. Every time we heard a story from someone battling their 
insurance company for the care they needed, there were groans around 
the room of recognition and exasperation. There was not a single person 
there--even in this economy--who thought health care reform should not 
be one of Congress's top priorities.
  I am looking forward to attending President Obama's State of the 
Union Address tomorrow evening with one of the Rhode Islanders who 
attended this dinner in Warwick. Lauren Goddard is a medical student 
with Crohn's disease who is facing a lifetime of expensive health care 
costs. I appreciate her attendance and her willingness to share her 
story of how difficult the health insurance system can be for an 
individual who has chronic health care needs.
  These Rhode Islanders, Lauren, and everyone else who came to our 
dinner in Warwick need us to listen. They need us to hear their 
stories, and they need us to get it and to do something about it.
  Two weeks ago, Congress took an enormous step toward addressing the 
overwhelming economic challenges our country faces. We passed the 
economic recovery legislation that President Obama signed last week. 
This means extra money in people's pockets, new jobs, and patched holes 
in the social safety nets on which we count. That will surely help. But 
it is not enough.
  For those 200 Rhode Islanders who joined me in Warwick, burdensome 
health care costs are the forgotten story. Families are forced to 
choose between prescription drugs and food, clothes, or transportation. 
Small businesses cannot afford to hire new employees or provide health 
coverage. Entrepreneurs cannot take that plunge

[[Page S2355]]

because they cannot just walk away from their health insurance. And 
looking beyond those local family perils and sorrows, we see the $35 
trillion unfunded liability for Medicare that is bearing down on us.
  Unless we begin to undertake serious and meaningful reforms right 
away, this recession will seem like only a small hurdle compared to 
that moment when $35 trillion in Medicare costs come due. That wave of 
cost, that tsunami of cost is coming at us, and we have to prepare. 
Knowing what we know, sharing the responsibilities we do as Senators, 
this is our duty. Failure is dereliction.
  Every one of us shares the goal of making sure health insurance 
coverage reaches all Americans. But as I have said in this Chamber 
before, it is not enough just to bring everyone into the boat. The boat 
itself is sinking. It is not enough just bringing everybody into the 
boat, not with what we know is coming.
  What is needed is reform of our health care delivery system, an 
information technology infrastructure so that every American can count 
on their own secure electronic health record, improvement in the 
quality of health care so we maximize the effectiveness and efficiency 
of care delivered, and to reform how we pay for health care so the 
health care we are paying for is the health care we want. Nothing less 
will save this boat.
  All of this is doable, but we need to start now. We took a good step 
in President Obama's economic recovery legislation with a nearly $20 
billion investment in health information infrastructure. But there is 
much more to be done, and because it is a bit complex and will take 
some doing, we cannot dawdle, we cannot delay, we cannot shirk that 
duty.
  To enact health care reforms that will lower costs by improving the 
quality of care for all Americans, we have to start now. To improve the 
way we deliver health care to give us a modern, efficient, interactive, 
trusted health care system, we have to start now. To improve the way we 
deliver health care by spending wisely for disease prevention and 
better health outcomes, we have to start now. If we are to sustain 
health care coverage for the 46 million Americans--9 million of them 
children who have no health insurance at all--we have to achieve these 
reforms and we have to start now.
  That is what the Rhode Islanders I met on Sunday are asking for. That 
is what all Americans deserve. For God's sake, let us not fail them.
  Mr. President, I yield the floor, and I suggest the absence of a 
quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. UDALL of New Mexico. Mr. President, I ask unanimous consent that 
the order for the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The Senator from New Mexico is recognized.
  Mr. UDALL of New Mexico. Mr. President, I ask unanimous consent to 
speak as in morning business.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.


                       honoring our armed forces

                   Army Specialist Darrell Fernandez

  Mr. UDALL of New Mexico. Mr. President, as I rise today, flags across 
New Mexico are at half staff. Our State is recognizing a New Mexican 
who gave his life in service to our country. Army SPC Darrell 
Fernandez, age 25, died on Saturday, January 31, in Kirkuk, Iraq, when 
the car he was riding in flipped over.
  At times like this, the words of elected officials seem inadequate. 
Death brings suffering. It is no less heartbreaking when the deceased, 
as in this case, was a brave young soldier. Words will not ease the 
pain of Specialist Fernandez' wife, Katrina Fair, or of his mother and 
stepfather, Susie and Bill Smith. Nor can words add to the glory that 
Specialist Fernandez has earned through his actions.
  But a death like this demands something of the living.
  In the best tradition of service and sacrifice, Specialist Fernandez 
died for us. We owe it to him to acknowledge that, to be grateful, and 
to remember. His death was not an accident. He died in one of the 
disasters that war makes commonplace. He died because he chose to serve 
his country. And he did serve.
  A Senators or as citizens, we cannot fully experience the sadness of 
this day of mourning, the sadness experienced by Darrell's family and 
friends. But when a soldier dies, the Nation as a whole feels the loss. 
We are linked to Specialist Fernandez by the ties that bind a grateful 
Nation to its faithful servant. His loss is ours.
  As your colleague and your friend, I ask you to participate in my 
State's day of remembrance. As the flags fly at half staff and the 
people of my State grieve, join us in celebrating the heroism of Army 
SPC Darrell Fernandez, who gave all he had for us.
  I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. SPECTER. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.


                              Health Care

  Mr. SPECTER. Mr. President, I have participated this afternoon in the 
summit held by President Obama to examine the financial status of the 
Nation. When the President spoke, as did the Vice President and other 
economists, the emphasis was on the large deficit which our Nation 
faces. The President spoke about his plans to cut the deficit in half 
by the year he finishes his first term. There were then breakout 
sessions. I participated in a session which dealt with the subject of 
health care.
  There was a consensus among those present at the session that the 
cost of health care imposed the greatest problem for the deficit as we 
look to the future years. My suggestions related to savings which I 
think are possible on our health care system beginning with the cost of 
Medicare.
  A study shows that some 27 percent of health care costs are incurred 
in the last few hours, few days, few weeks of a person's life. No one 
should tell anyone else what to do with respect to terminal health care 
costs, but I do believe it is fair to ask people to think about that 
and to make a decision in a living will.
  Another suggestion on health care costs would involve prosecutions on 
white-collar crimes which involve health care, where there is a real 
opportunity for deterrence. My experience as a district attorney showed 
me that you cannot deal with deterrence when you are talking about 
domestic violence, but if you are talking about white-collar crime, you 
can.
  While on the Judiciary Committee, I have raised the issue on a number 
of occasions about the need to carry forward white-collar prosecutions 
looking toward jail sentences instead of fines. There was recently a 
case involving Siemens which was not a medical issue but a case 
involving a $1.7 billion fine which seems large, except when measured 
against an $87 billion income stream.
  The point is that fines are a license to do business and to violate 
the public trust, but jail sentences could serve as a deterrent.
  Beyond those suggestions on savings, the increase in the National 
Institutes of Health, which has been raised from about $12 billion to 
almost $30 billion in the decade between the mid-1990s and the first 
half of the decade of this century, showed tremendous savings which 
have been registered on stroke, on cancer, from the reduction in the 
death rate. The additional $10 billion added recently is a further 
effort along the promotion of those savings.
  Beyond the issue of research and savings through the National 
Institutes of Health, there is the benefit of savings from lifestyle. 
Recently with a bout of Hodgkin's, I have even modified further the 
exercise pattern I have had for decades as a squash player, eliminated 
sugar from the diet, looking for antioxidants. This is an issue where 
there could be a modest investment by the Federal Government which 
could pay great dividends.
  The final suggestion I had was on trying to use the Wyden-Bennett 
plan which has 14 cosponsors, equally divided between Democrats and 
Republicans, to utilize Wyden-Bennett as a

[[Page S2356]]

starting point for a serious discussion in the Senate to cover the 47 
million-plus Americans who are now not covered, modeled after the 
Massachusetts plan put in by former Governor Romney, with the Federal 
assistance for those at the lower end of the economic brackets.


                  Tribute to Former Senator Joe Biden

  Mr. President, Senator Biden was one of the participants at the 
economic summit. Seeing and talking to him brought to mind 
recollections of his outstanding career in public life.
  When there were comments on the Senate floor last month about Senator 
Biden in recognition of his 36 years in the Senate, I was engaged in 
the proceedings on the confirmation of Attorney General Holder and did 
not have an opportunity to participate. I thought it appropriate, 
having just come from conversations with Senator Biden, to comment on 
his extraordinary career. I first knew of Senator Biden when he ran for 
the Senate back in 1972. I was very much impressed with many facets of 
Senator Biden's resume, but one caught my attention; that is, that he 
was 29 years old in 1972 when he ran for the Senate, and I knew that 
the Constitution placed the minimum age at 30.
  Senator Biden was elected, but he turned 30 between election day and 
inauguration day. That started a phenomenal Senate career. My first 
direct contact with Senator Biden came in a curious way. Shortly after 
coming to the Senate on a Friday, I had made plans to catch the 6 
o'clock train, thinking that the Senate would be adjourned by that 
time. But the final vote did not begin until 8 minutes to 6. I called 
up my executive secretary Sylvia Nolde and said: Will you change my 
ticket to the 7 o'clock train. She responded, having been secretary to 
Senator Javits for many years, that she could hold the train for 5 
minutes. I did not know that was a possible problem under Federal law, 
but the statute has run so I can speak freely about it at this point.
  I went to the train station, got on the 6 o'clock train a little 
late, and a few minutes later, a huffing and puffing Senator Joe Biden 
walked into the car and approached me and said: I ran the three blocks 
from the Senate to Union Station. Running through the lobby, I hurdled 
a few baby carriages.
  I do not think he knocked down anybody, but they were at risk. He 
jumped over the barrier and was running down the track to the train 
when a conductor stopped him, threw up his hand and said: Slow down, 
bud, there is a Senator coming.
  Senator Biden then said to me: You have been in the Senate about 8 
days, I have been here 8 years. How did you figure out how to catch the 
train in this manner?
  Senator Biden and I, on the Judiciary Committee, have worked on a 
great many sensitive issues together. I cosponsored his landmark 
legislation protecting women against violence. We worked together on 
the Second Chance Act, which was signed into law last year, which 
provides for realistic rehabilitation for first offenders, juveniles, 
and second offenders, to try to stop the revolving door of recidivism. 
We have worked together on supporting special funding for the so-called 
COPS Program for putting more police on the street; have worked 
together on many civil rights issues, and many of the programs to 
support Amtrak.
  When I was elected in 1980 and we faced our first budget resolution, 
there was an effort made to zero out Amtrak. Senator Howard Baker, who 
was then the majority leader, scheduled a meeting with David Stockman, 
the Director of the Office of Management and Budget. A fair number of 
Senators from the Northeast Corridor met him at that time, Senator 
D'Amato and Senator Heinz and quite a few of us who were regulars on 
the Amtrak line, and knew of its importance. When David Stockman 
advanced the argument that we could deal without the Amtrak subsidy, I 
pointed out that we would not be able to get through the Baltimore 
tunnels without Amtrak, you would not be able to land at National 
Airport. We kept the funding going. Largely over the years we were in a 
collaboration, and Senator Biden was a key participant.
  During his work on the Judiciary Committees as chairman, he presided 
at landmark hearings in a very dignified and professional way. During 
the hearings on Judge Robert Bork for the Supreme Court back in 1987, 
Senator Biden was the chairman. One Friday afternoon we were not quite 
finished with the hearing. That was on September 18. I remember the 
day, because the day before I traveled with President Reagan to 
Philadelphia for the 200th anniversary of the signing of the 
Constitution. The Constitution was signed on September 17, 1787. The 
200th anniversary had occurred the day before.
  I had not had a chance to question Judge Bork on that day. Senator 
Biden approached me late in the afternoon and asked me how much more 
time I needed. He was not going to be there the next day and had 
delegated the chairmanship, or asked Senator Kennedy to take over the 
chairmanship responsibilities--I should not say delegated; Senator 
Kennedy himself had been chairman. When he asked me how much time I 
needed, I paused for a minute, and he said: Well, how about a half 
hour? I continued to pause, thinking about it. Taking time to think 
about it sometimes is viewed as a violation of Senate ethics. He said: 
OK, how about an hour? I still paused. He said: How about an hour and a 
half?
  I said: OK, that should do it. Then Senator Thurmond, who was the 
ranking Republican, came over to me, and in Strom Thurmond's inimitable 
Southern accent--while it is inimitable, I will try to imitate it--he 
said: You want an hour and a half on Bork.
  Translated, means: Do you want an hour and a half on Bork?
  And I said: No, sir, I do not want an hour and a half on Bork, I want 
to question him until I finish.
  OK, you can have your hour and a half on Bork.
  Translated: OK, you can have your hour and a half on Bork. The next 
day, I took the hour and a half.
  Senator Biden did another professional job in many of the hearings, 
but again I particularize the one on Justice Clarence Thomas. There was 
a question as to whether the Judiciary Committee ought to have access 
to the Thomas rentals from the video store, and Senator Biden took the 
position that that was not an appropriate matter for inquiry.
  Then we had a second witness who came up at the very last minute, and 
Senator Biden presided over the very delicate matter of making a 
determination as to whether that witness ought to be called at the last 
minute.
  I notice my distinguished colleague, Senator Casey, has arrived for a 
little proceeding as to William T. Coleman, Jr. Since it is now 4 
o'clock, when he was scheduled to arrive, I will terminate within the 
next few minutes.
  Senator Biden had a very serious health problem with an aneurysm, 
very serious operations in the early 1990s. When I had a serious 
operation on a mengionoma, a brain tumor, I returned to the Senate with 
a big bandage on my head for the confirmation hearing of Justice 
Ginsburg. Senator Biden was chairman and greeted me with a welcome to 
the entry of the cracked head club, rather a unique distinction to be 
called out on the so-called cracked head club.
  Senator Biden was elected to a sixth term last November. It is quite 
a record to be a six-term Senator, 36 years in the Senate, at the age 
of 66. His tenure on that term was very short. He was sworn in on 
January 4 and left 16 days later to become Vice President, where he now 
serves with distinction. I believe his years in the Senate will add 
greatly to the stature and competency of the Office of Vice President. 
His work as chairman of the Foreign Relations Committee will stand the 
country in very good stead as he travels around the world, 
supplementing the work of Secretary of State Hillary Clinton, another 
former colleague, and the work of the special envoys, as well as his 
detailed knowledge of the inner workings of Government from his very 
distinguished service.
  I am glad to have a few minutes on the Senate floor to extoll the 
virtues of a very good friend, an outstanding colleague, and a great 
Senator. He will be a great Vice President.
  I yield the floor.
  The PRESIDING OFFICER (Mrs. Shaheen). The Senator from Pennsylvania.
  Mr. CASEY. I say hello to Senator Specter. We have a lot of visitors 
from

[[Page S2357]]

Pennsylvania here today. We are honored by their presence. I thank 
Senator Specter for being with us today. We will be seeing him a little 
later.


                           william t. coleman

  Madam President, 2009 marks the 200th anniversary of the birth of 
Abraham Lincoln, the 200th birthday of our 16th President, who ushered 
in a new era of race relations and brought an end to the legalized 
degradation of institutionalized slavery that people of color endured 
in the United States for more than 200 years. Every year the month of 
February is dedicated to celebrating Black History Month and serves as 
a time of reflection and reconciliation for the country.
  I rise to honor the lifetime of achievements of a man whose life 
story has embodied Lincoln's vision of a nation committed to the rule 
of law and equal justice under the law.
  William Thaddeus Coleman, Jr., built upon the legacy of Abraham 
Lincoln and distinguished himself and continues to distinguish himself 
as a pioneer in legal advocacy and the struggle for civil rights.
  Bill Coleman was born in Philadelphia into a world where only 
strength of character, intellectual prowess, and hard work could defeat 
the evils caused by the Great Depression and the era of Jim Crow laws. 
His mother was a teacher. His father was the director of the 
Wissahickon Boy's Club and Camp Emlen. They led him, early on, to 
pursue excellence while always enriching the larger community by 
enhancing the lives of everyone he encountered. Bill Coleman achieved 
academic excellence, first, in a racially segregated elementary school 
before entering Germantown High School, where he was one of seven Black 
students. Despite the environment of bigotry, he attained excellent 
grades and was admitted to the University of Pennsylvania, where he 
graduated summa cum laude, after just 3\1/2\ years, with a B.A. degree 
in 1941.
  To fulfill his childhood dreams of becoming a lawyer, he entered and 
graduated magna cum laude and first in his class from the Harvard Law 
School in 1946, as one of only three minority students. Bill Coleman 
interrupted his studies at Harvard to enlist in the U.S. Army Air Corps 
to serve in World War II for nearly 3 years, training as an aviator at 
Tuskegee Army Airfield, a statistical control officer at the Harvard 
Business School, and a defense counselor of soldiers during court-
martial proceedings.
  After the war, Coleman returned to Harvard and received the highly 
esteemed Joseph E. Beale Prize and became the third person of color to 
serve on the Board of Editors of the Harvard Law Review. In 1947, 
Coleman began his legal career as a law clerk to the late Judge Herbert 
F. Goodrich of the U.S. Court of Appeals for the Third Circuit. Soon 
after in 1948, he became the first person of color to clerk for the 
U.S. Supreme Court, under the late Justice Felix Frankfurter.
  After his clerkship, Bill Coleman joined the New York law firm of 
Paul, Weiss, Rifkin, Wharton & Garrison as an associate. In 1950, he 
was approached by Thurgood Marshall, to help develop a legal strategy 
and prepare legal briefs in the five cases commonly referred to Brown 
v. Board of Education of Topeka. The ruling in this historic case 
brought an end to the previously accepted doctrine of separate but 
equal, establishing that separate educational facilities were 
inherently unequal, tearing down the barriers of racial segregation to 
pave the way for a new era of integration. In 1952, Coleman returned to 
Philadelphia to be the first lawyer of color at Dilworth, Paxson, 
Kalish, Kohn and Levy. While serving as a senior partner and head of 
the Litigation Department, he specialized in corporate, trademark and 
antitrust litigation and gained national recognition for his expertise 
in transportation law, nuclear energy matters, and banking issues.
  In 1950, Bill Coleman was appointed to the President's Commission on 
Employment Policy, a.k.a. the Branch Ricky Commission, under President 
Dwight Eisenhower to increase minority hiring in the Federal 
Government. In 1964, he served as cocounsel in McLaughlin v. Florida, a 
case he argued before the Supreme Court, which found part of the 
antimiscegenation laws of Florida to be unconstitutional and paved the 
way for overturning other statues prohibiting interracial marriage. 
Soon after in 1965, former Governor of Pennsylvania William Scranton 
retained Bill Coleman to remove the racial restrictions at Girard 
College in Philadelphia.
  Mr. Coleman continued a distinguished life of public service as a 
member of the U.S. Delegation to the 24th Session of the United Nations 
General Assembly in 1969; member of the National Commission on 
Productivity for 1971-1972; member of the Price Commission from 1971-
1973; consultant to the U.S. Arms Control and Disarmament Agency from 
1963 to 1975; senior consultant and senior counsel to the President's 
Commission on the Assassination of President Kennedy in 1964; and a 
member of President Eisenhower's Committee on Government Employment 
Policy from 1959 through 1961 and member of the Federal Advisory 
Committee on the Federal Rules of Civil Procedure.

  In 1975, Bill Coleman was sworn in as the fourth Secretary of 
Transportation under President Gerald Ford, making him the second 
person of color in history to hold a position in the United States 
Cabinet. He developed a comprehensive national transportation policy 
and was instrumental in creating the 53-page study ``A Statement of 
National Transportation Policy'', which he sent to Congress in 1975, 
outlining general principles that he felt should guide the government's 
decision making process. In 1977, upon his resignation when President 
Carter took office, Mr. Coleman returned to the private sector to join 
the Washington office of O'Melveny & Myers as senior partner and senior 
counsel, where he continues to work today.
  In 1982, Coleman was appointed amicus curiae by the Supreme Court to 
support the lower courts' holdings in Bob Jones University v. United 
States and Glasboro Christian Schools, Inc. v. United States which 
found that discriminatory private nonprofit schools were not entitled 
to federal tax exemptions. Bill Coleman continued his fight for civil 
rights as Chairman of the Board of the NAACP Legal Defense and 
Educational Fund, where he currently serves as the Senior Director.
  In all, Bill Coleman has served as a trusted attorney and public 
servant of our nation for more than 50 years and has advised seven 
presidents of the United States. He has received numerous distinguished 
honors including: the Presidential Medal of Freedom in 1995 from 
President Bill Clinton; Officer of the National Order of the Legion of 
Honor from the Republic of France; the Thurgood Marshall Lifetime 
Achievement Award from the NAACP Legal Defense and Education Fund; The 
Chief Justice John Marshall Award from the American Bar Association 
Justice Center; the Judge Henry J. Friendly Medal from the American Law 
Institute; the Marshall-Wythe Medallion from the College of William & 
Mary, Marshall-Wythe Law School; the Thaddeus Stevens Award from the 
Public Interest Law Center of Philadelphia; the Lamplighter Award from 
the Black Leadership Forum; the ``We the People'' Award from the 
National Constitution Center; the Fordham-Stein Prize from the Fordham 
University School of Law; the Golden Plate Award from the Academy of 
Achievement; the Legends of the Bar Award from the District of Columbia 
Bar Association; the Spirit of Excellence Award from the American Bar 
Association; the David A. Clarke School of Equal Justice Award from the 
University of the District of Columbia Law School; the Founder Award 
from the Historical Society of Pennsylvania.
  When we encapsulate those awards, we are reminded that in terms of 
honorary degrees, Bill Coleman has received honorary degrees from 21 
colleges and universities throughout the Nation.
  Bill Coleman is married to the former Lovida Mae Hardin of New 
Orleans, LA. The Colemans have three children, two of whom are 
practicing lawyers and one of whom is the dean of the School of 
Education at Boston University. Mr. and Mrs. Coleman have five 
grandchildren. It does give me great pleasure to highlight Mr. 
Coleman's life of extraordinary achievements in this 200th year since 
the birth of Abraham Lincoln during Black History Month.
  William T. Coleman, Jr., is an American whose life of public service 
and advocacy, whose life of integrity and excellence, courage and 
commitment to

[[Page S2358]]

justice under the law has helped to make our great Nation a more 
perfect Union.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Pennsylvania.
  Mr. SPECTER. Madam President, I compliment my distinguished colleague 
for the remarks he made about William T. Coleman, Jr. I further 
compliment him for scheduling a symposium later this afternoon on the 
distinguished career of Mr. Coleman. Noting Black History Month, it is 
very important to recognize the great accomplishments of African 
Americans in society and the reference to the 200th birthday of 
President Lincoln is most appropriate since President Lincoln presided 
over the Civil War, issued the Emancipation Proclamation, and began the 
series of historical events leading to the 13th amendment which 
prohibited slavery, the 14th amendment which provided for equal 
protection of the law and due process of law, providing the legal 
framework, although it took a long time, to overcome Plessy v. Ferguson 
shortly before the turn of the 20th century and then Brown v. Board of 
Education in 1954.
  We are still making major efforts to defeat racism. There are 
periodic calls for a discussion on racism. Beyond any question, it 
remains in our society. The problem is substantially ameliorated today 
but still there is a great deal more to be done.
  I recollect on my tenure in public service running for district 
attorney back in 1965. I had the opportunity to meet Dr. Martin Luther 
King, Jr., at a reception in Philadelphia, receiving advice from him on 
the problem of police brutality in Philadelphia and elsewhere and the 
necessity to have a police advisory board, a civil advisory board, some 
of the issues I worked on with Robert Casey, Sr., Senator Casey's 
father, at that time auditor general of Pennsylvania when I was 
district attorney, later Governor of the State of Pennsylvania.
  Those recollections are very appropriate as we pay honor to the 
illustrious career of Bill Coleman.
  I knew Bill Coleman when I was a beginning lawyer in Philadelphia in 
1956. At that time, Bill Coleman had already been to New York City, 
where he went to get a job, after finishing at the top of his class at 
the Harvard Law School, clerking for Justice Frankfurter, as Senator 
Casey has already noted, and came back to Philadelphia to be a partner 
in the Dilworth office--a very distinguished law firm, and he was a 
very distinguished addition to it.
  I got to know Bill Coleman better and best when he and I were 
assistant counsel on the Warren Commission investigating the 
assassination of President Kennedy. The Warren Commission staff was 
divided into two groups--the seniors and juniors--and Bill Coleman was 
one of the senior lawyers and I one of the junior lawyers, although 
when the masthead was finished, we were all assistant counsel. The one 
thing I never understood about Bill Coleman's assignment on the Warren 
Commission was how he avoided being assigned the ``single bullet 
theory.'' And certainly I would have yielded that to Bill, but he 
managed to avoid it. He was on another area of the investigation.
  I read that when Bill Coleman helped Thurgood Marshall prepare the 
briefs in Brown v. the Board of Education, he put in a full day at the 
New York law firm. That was probably about 14 hours, the way the New 
York law firms worked, and then he went to do his work helping Thurgood 
Marshall--later Justice Marshall--preparing that brief. His work with 
the Warren Commission was about the same. His law firm agreed to let 
him go do the work, but he took the 5 o'clock plane on Friday and went 
back to Philadelphia on Monday to put in his full 5 days with the 
Dilworth law firm.
  There are a lot of fascinating stories about Bill Coleman and his 
work in public service. One story he tells is about President Lyndon 
Johnson trying to persuade him to become a circuit court of appeals 
judge for the Third Circuit, and I think President Johnson had the 
right idea, he just had the wrong court. But, at any rate, as Bill 
Coleman tells the story, he told President Johnson he really could not 
undertake that job because he had very heavy financial responsibilities 
with his family. And, as Bill described it, President Johnson put his 
right arm--maybe it was his left arm--over the credenza and pulled over 
some papers and started to rustle some papers and said: Yes, I know 
what a financial sacrifice it would be. Now, I do not think President 
Johnson was looking at his tax returns because that would have been 
questionable under Federal law. But, at any rate, that was an 
interesting vignette Bill told.
  In the mid-1980s--I think after the 1984 election--Bill Coleman told 
me he had a very bright young fellow he wanted me to meet who would 
help us rebuild the Republican Party, something which we are still 
working on; we haven't been very successful at that either. I said: 
Well, come. We will have lunch in the Senate Dining Room. And the young 
man's name was Clarence Thomas. He had been with the EEOC, I think. 
But, at any rate, he was Bill Coleman's nominee to help rebuild the 
Republican Party. We outlined a long agenda, a long list of things to 
do, and I was glad to pay for the lunch to promote this young man's 
efforts on rebuilding the Republican Party. Nothing happened for a 
year, so I invited him back to lunch. I said this time Clarence Thomas 
was going to have to pay for lunch. I was only kidding about that. But 
Clarence Thomas moved on to other lines of endeavor.
  More recently, Bill Coleman has been an activist for judicial pay 
increases--something that still remains to be accomplished. But that is 
the kind of public service he gets into.
  Last month, he was an active participant for promoting the nomination 
of Eric Holder to be Attorney General of the United States. When Bill 
Coleman makes a recommendation, it is given very substantial weight.
  So I am glad to join my distinguished colleague, Senator Casey, on 
this event to pay tribute to Bill Coleman.
  I ask unanimous consent, Madam President, to have the full text of my 
prepared statement printed in the Congressional Record at this point, 
with the introduction that it is a prepared statement so the repetition 
between that and some of my earlier comments will be understood if 
anyone should ever read the Congressional Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                        William T. Coleman, Jr.

       Mr. President, today, in commemoration of Black History 
     Month, I would like to pay tribute to my good friend from 
     Philadelphia, William T. Coleman, Jr. Bill Coleman is an 
     American hero, who, as a lawyer, public official and 
     statesman, has advanced the cause of civil rights, justice 
     and equality for all Americans under the law. He was a main 
     architect of the legal strategy leading to the Supreme 
     Court's decision in Brown v. Board of Education and the 
     desegregation of schools and other public facilities 
     throughout the United States.
       Bill attended a racially segregated elementary school, 
     before moving on to Germantown High School, which was all 
     white save for a contingent of seven black students. He 
     survived numerous slights throughout his public school 
     career. To mention just one incident--when Bill tried joining 
     the all-white swimming team at his high school, he was 
     suspended from the school. Later, school officials reinstated 
     him, but they also cut the sport until he graduated.
       Bill's academic excellence enabled him to attend some of 
     our nation's most prestigious universities. In 1941, he 
     graduated from my alma mater, the University of Pennsylvania, 
     summa cum laude. He went on to the Harvard School of Law. 
     World War II prompted Bill to leave school to serve our 
     country as a member of the U.S. Army Air Corps. During his 
     time in the Army, he served as a defense counsel in 18 court-
     martial proceedings, even though he had not yet completed his 
     law degree. Of those courts-martial, Bill won 16 acquittals, 
     with 1 of the 2 convictions later reversed.
       After the war ended, Bill reentered Harvard and had the 
     distinction of being one of the first African Americans ever 
     to serve on the board of editors of the Harvard Law Review. 
     In 1946, he earned his LL.B. degree magna cum laude, 
     graduating at the top of his class.
       Bill Coleman was admitted to the Pennsylvania bar in 1947 
     and was law secretary to Judge Herbert Goodrich of the U.S. 
     Court of Appeals for the Third Circuit. He went on to serve 
     as a law clerk to U.S. Supreme Court Associate Justice Felix 
     Frankfurter. He was the first African-American to serve as a 
     clerk for the Nation's highest Court.
       In 1949, he became an associate at the New York law firm of 
     Paul, Weiss, Rifkind, Wharton, and Garrison. While practicing 
     at that firm, he was approached by Thurgood Marshall, the 
     founder and head of the NAACP Legal Defense and Educational 
     Fund, NAACP-LDF, who asked for his legal help--on a volunteer 
     basis--on cases that the NAACP hoped would lead to the end of 
     segregation. For the next 3 years, Bill worked a

[[Page S2359]]

     9-6 shift at his law firm, then went over to the NAACP-LDF 
     until 10 or 11, and then returned to his law firm for more 
     work. He also worked on the weekends.
       In 1952, Bill accepted a job at the Philadelphia law firm 
     of Dilworth, Paxon, Kalish, Levy and Green and became the 
     first African-American in Philadelphia to join an all-White 
     firm. He continued to volunteer his services to work on civil 
     rights cases, including coauthoring the brief in Brown v. 
     Board of Education, 1954, and representing a couple convicted 
     of violating State antimiscegenation laws in McLaughlin v. 
     Florida, in which the Supreme Court held that the State law 
     was in violation of the equal protection clause of the 14th 
     Amendment.
       In 1959, President Eisenhower asked Bill to serve on the 
     President's Commission on Employment Policy. He served on 
     several Presidential commissions over the next two decades 
     for Presidents Kennedy, Johnson, and Nixon. It was in 1964, 
     when Bill was on the Warren Commission, which investigated 
     the assassination of John F. Kennedy, that my long 
     friendship with Bill began. Most recently, Bill's support 
     of Eric Holder, our new Attorney General, was a 
     significant factor in my vote in favor of confirmation.
       In 1971, Bill was elected president of the NAACP-Legal 
     Defense and Education Fund. Then, in 1975, President Ford 
     appointed Bill Secretary of Transportation. As Secretary, 
     Bill made it his first priority to develop a comprehensive 
     national transportation policy.
       Bill stayed in the Capital to head the Washington office of 
     O'Melveny & Myers. He continues to practice law today and is 
     a frequent visitor in my office. His interests and work are 
     not limited to the law. He has enjoyed the strong support of 
     his loving family--his wife Lovida Hardin Coleman; his three 
     children, William Coleman III, Lovida H. Coleman, Jr., and 
     Hardin Coleman; and his grandchildren, William IV, Alexander 
     Amadeus, Flavia Colgan, Aaron Coleman, and Jesse Coleman.
       In 1995, Bill received the highest honor given to 
     civilians, the Presidential Medal of Freedom, for 
     distinguished civilian service. President Clinton said, ``I 
     can honestly say, if you are looking for an example of 
     constancy, consistency, disciplined devotion to the things 
     that make this country a great place, you have no further to 
     look than William Coleman, Jr.''
       In 1997, Bill was honored with the Thurgood Marshall 
     Lifetime Achievement Award of the NAACP-LDF.
       In 2004, Justice Antonin Scalia presented Bill with a 
     lifetime achievement award at the We The People Award Dinner, 
     which honors individuals who best exemplify the qualities of 
     active citizenship envisioned by our Nation's Founding 
     Fathers.
       In 1975, in an interview with the magazine Black 
     Enterprise, William Coleman said that his first concern was 
     to leave Washington ``with the same reputation for integrity 
     that I had when I came here.'' Well, Bill, while you haven't 
     left Washington yet and while I am sure that you will be here 
     for a long time to come, I can say without a doubt that you 
     have nothing to worry about.
       I am proud to have Bill Coleman as a friend.

  Mr. SPECTER. Madam President, I thank the Chair and yield the floor. 
In the absence of any other Senator seeking recognition, I suggest the 
absence of a quorum.
  The PRESIDING OFFICER. Will the Senator withhold his request?
  Mr. SPECTER. Yes.
  The PRESIDING OFFICER. The Senator from Pennsylvania.
  Mr. CASEY. Madam President, I rise to amplify a little bit the 
prepared remarks I made regarding Bill Coleman. I thank Senator Specter 
for the words he spoke of someone he has known a long time and for his 
presence here on the floor, as well as we will be seeing him at a great 
symposium later this afternoon when we further discuss not only Mr. 
Coleman's life but what it means in the larger context of the American 
story.
  There are a number of people in the gallery here whom both of us 
would like to point out, although the rules do not allow that. So as I 
look at the Presiding Officer, I want those people in the gallery to 
know we know you are here. We are thrilled you are here, but the rules 
do not allow us to acknowledge people in the gallery and to wave and do 
the kinds of things we would like to do. But we will do that later.
  But I do want to thank Senator Specter for highlighting so many 
features of Bill Coleman's life. I think maybe the best way to sum it 
up, to encapsulate what his life means for America, is to allow us 
today, on just 1 day, to highlight such a remarkable life, such a great 
American story as an inspiration not only to people like me and others 
but, of course, to young people, to convey the message that if you are 
committed to academic excellence, if you are committed to achievement, 
if you are committed to doing things the right way and to working hard, 
there is virtually nothing you cannot do. Bill Coleman, and so many 
people in his generation like him, had to overcome so many obstacles. I 
think it is a great lesson for all of us but especially for young 
people. So we will be remembering that today when we celebrate his life 
of great achievement at the symposium. I do commend and thank Senator 
Specter for being with us today.
  With that, Madam President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Pennsylvania.
  Mr. SPECTER. Madam President, on an unrelated item, I note there is 
on the desk S. 160, ``a bill to provide the District of Columbia a 
voting seat and the State of Utah an additional seat in the House of 
Representatives.'' I would like to be added as an additional cosponsor, 
with a very brief statement that I think it is long past due to have a 
voting seat for the District of Columbia with its 700,000 population. 
As a matter of basic democratic fairness, they ought to be represented 
in the U.S. House. So I ask unanimous consent that I be added as an 
original cosponsor.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SPECTER. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. KAUFMAN. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. KAUFMAN. Madam President, I ask unanimous consent to speak as in 
morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Delaware.


                     Prosecuting Wall Street Fraud

  Mr. KAUFMAN. Madam President, the collapse of Wall Street that 
precipitated today's economic crisis has many causes--from regulatory 
failures to recklessness and greed.
  But before Congress begins writing new rules, one more factor we must 
examine is criminal behavior by anyone, from the local mortgage broker 
to some of our biggest banks. Let's commit ourselves to enforcing the 
laws that were on the books and to throwing those who broke them in 
jail.
  I am not prejudging anyone. We may well find that only a small 
percentage of cases involved outright criminal behavior, and we must 
take care that our anger does not cloud our judgment. But people know 
that if they rob a bank they will go to jail. Bankers should know that 
if they rob people they will go to jail too.
  We have seen anecdotal evidence that mortgage brokers may have 
fraudulently solicited mortgages or used predatory practices; bankers 
may have neglected due diligence in the design and marketing of some 
mortgage-related products; credit rating agencies may have been 
conflicted by the fees they earned from the very bankers whose shaky 
products they stamped ``AAA,'' the highest credit rating; and, finally, 
as the housing bubble burst, banks may have engaged in a widespread 
failure to disclose material information as they went from supposedly 
profitable institutions to insolvent overnight, leaving investors 
holding the bag.
  Where were the lawyers and accountants who are paid to keep an eye on 
such actions? Was there so much cash around that the professionals who 
make these deals possible became blind to their duties?
  Attorney General Eric Holder has emphasized it is only by drilling 
down into the records of complicated financial transactions that 
Federal law enforcement officials can understand exactly what happened 
and investigate the people and firms involved. Unfortunately, right 
now, the resources are not available to do so.
  That is why Senate Judiciary Committee chairman Pat Leahy, Senator 
Chuck Grassley, and I introduced S. 386, the Fraud Enforcement and 
Recovery Act of 2009. This is a bipartisan bill. It provides financial 
support to the investigative arms of Federal law enforcement and 
regulatory agencies so they can find the crimes we know have already 
been committed. It also amends fraud statutes to protect us against 
those who may be tempted to cheat like this in the future.
  At a recent hearing, FBI Deputy Director John Pistole testified that 
the

[[Page S2360]]

very necessary shift of resources to counterterrorism efforts--it was 
right to shift resources in the FBI to counterterrorism efforts--has 
had a significant impact on the FBI's ability to investigate 
sophisticated financial crime.
  Mr. Pistole said the increasing financial fraud caseload ``is 
straining the FBI's limited white collar crime resources.''
  Currently, the FBI has only 240 agents investigating complex 
financial fraud. During the savings and loan crisis in the 1980s, the 
FBI had more than 1,000 agents investigating financial fraud. We must 
increase dramatically the number and training of FBI agents 
investigating financial fraud.
  Mr. Pistole told the committee the FBI is already investigating 530 
open corporate fraud investigations, and only 38 of those are directly 
related to the current financial crisis.
  Again, as Mr. Pistole said:

       More must be done to protect our country and our economy 
     from those who attempt to enrich themselves.

  This bill authorizes $155 million a year for hiring fraud prosecutors 
and investigators at the Justice Department for 2010 and 2011. That 
amount includes $65 million a year for 190 additional FBI special 
agents and more than 200 professionals to fight white collar crime.
  We know prosecuting bad behavior by itself will not put an end to all 
bad behavior, but it will make those people in the boardrooms, at the 
trading desks, and in the mortgage industry think twice before they 
look the other way, give way to greed over financial duty or deal from 
the bottom of the deck.
  I believe deeply in the free market economy. I believe deeply in 
capitalism and the importance of an open financial system. Indeed, I 
believe our very democracy depends on fair and functioning markets. 
That is why we simply cannot give a pass to this kind of illegal 
behavior.
  The men and women who duped would-be homeowners, who defrauded the 
American investor, who contributed to an economic crisis of historic 
proportions, need to be identified, prosecuted, convicted, and thrown 
in jail. And in cases where the conduct falls short of criminal, our 
regulators must also pursue civil cases to force perpetrators to pay 
back their ill-gotten gain and bar these people from future securities 
work.
  I have heard people say prosecutors must tread carefully, that the 
law is a blunt instrument. They will say that if we turn prosecutors 
loose on our key financial institutions, the economic repercussions 
will outweigh any benefits.
  To that I say: Of course, we must be judicious, but the law of the 
land applies to everyone. When it is pointed at you, the law can always 
be characterized as a blunt instrument.
  At the end of the day, this is a test of whether we have one justice 
system in the country or two. If we do not treat a Wall Street firm 
that defrauded investors of millions of dollars the same way we treat 
someone who stole $500 from a cash register, then how can we expect our 
citizens to have any faith in the rule of law?
  For our economy to work for all Americans, investors must have 
confidence in the honest and open functioning of our financial markets. 
Our markets can only flourish when Americans again trust that they are 
fair, transparent, and accountable to the laws.
  In closing, I applaud Chairman Leahy and Senator Grassley for their 
leadership on this issue. I am proud to join with them in this effort. 
I am hopeful the Judiciary Committee will approve this bill when we 
take it up on Thursday.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. KAUFMAN. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________