Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 110 CONGRESS, FIRST SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, FIRST SESSION

Vol. 153 WASHINGTON, THURSDAY, JULY 19, 2007 No. 116 Senate The Senate met at 10 a.m. and was appoint the Honorable MARK L. PRYOR, a bers can still offer germane amend- called to order by the Honorable MARK Senator from the State of Arkansas, to per- ments with no debate time and have L. PRYOR, a Senator from the State of form the duties of the Chair. them voted on. I am hopeful there will Arkansas. ROBERT C. BYRD, not be a vote-arama at the end of the President pro tempore. time and Members who have amend- PRAYER Mr. PRYOR thereupon assumed the ments will work with the managers to chair as Acting President pro tempore. The Chaplain, Dr. Barry C. Black, of- get those amendments considered dur- fered the following prayer: f ing the time limit. Let us pray. RESERVATION OF LEADER TIME There is no reason we cannot com- Lord of Life, as Senators deal with plete this bill by sometime this after- today’s challenges, purge their hearts The ACTING PRESIDENT pro tem- noon. of anything that does not honor You. pore. Under the previous order, the On the Homeland Security appropria- Remove from them a spirit of division, leadership time is reserved. tions bill, it is hard to comprehend, but uniting them in the common task of f I had to file cloture on that bill, a bill to fund homeland security for our doing what is best for our Nation and RECOGNITION OF THE MAJORITY country. There was an objection to our world. When they are tempted to LEADER doubt, steady their faith. When they moving to that bill. I hope an agree- feel despair, infuse them with Your The ACTING PRESIDENT pro tem- ment is reached where we would not hope. When they don’t know what to pore. The majority leader is recog- have to vote on cloture tomorrow, do, open their minds to a wisdom that nized. which is set. I hope we can complete can change and shape our times accord- f action on this bill early next week. SCHIP. I heard on the radio this ing to Your plan. Replace any cynicism SCHEDULE with civility, empowering them to morning—I had not read the Presi- trust You more fully, live for You more Mr. REID. Thank you very much, Mr. dent’s letter to the Finance Committee completely, and serve You more will- President. members that he was going to veto the ingly. Today we will be on H.R. 2669, the bill. The statement of policy on You are our Lord and Saviour. Amen. education reconciliation measure. vetoing bills, it seems they all fit the There are 10 hours of time remaining same pattern. Anytime it helps people f for that matter. Two amendments were who are incapable of helping them- PLEDGE OF ALLEGIANCE offered yesterday, one by Senator MUR- selves, then the President is anxious to KOWSKI, another one by Senator KEN- step in. The Honorable MARK L. PRYOR led NEDY. We will vote on those amend- I heard on the radio today he wanted the Pledge of Allegiance, as follows: ments at around 12 o’clock today. to veto this legislation because he felt I pledge allegiance to the Flag of the For this bill, we have two of the most it should be all handled by the private United States of America, and to the Repub- lic for which it stands, one nation under God, competent managers we could have, sector. We would not need this legisla- indivisible, with liberty and justice for all. Senators KENNEDY and ENZI. It is a tion if things were handled by the pri- great picture for the country: one Sen- vate sector. We have millions of chil- f ator from the State of Massachusetts, dren in America—not in some other APPOINTMENT OF ACTING who certainly is known worldwide, and country—millions of children in Amer- PRESIDENT PRO TEMPORE Senator ENZI, who may not be known ica who have no health care. That is worldwide, but the Senator from Wyo- The PRESIDING OFFICER. The what SCHIP is about. ming is one of the most gentle, com- So I appreciate the work being done clerk will please read a communication petent people I have ever worked with. on a bipartisan basis by Senators to the Senate from the President pro He is a wonderful man. I know the rela- GRASSLEY and BAUCUS and HATCH and tempore (Mr. BYRD). tionship he and Senator KENNEDY have OCKEFELLER The assistant legislative clerk read R , the senior members of developed will make it possible to get the following letter: that committee and respective sub- through this with a minimum amount committee. They have come up with a U.S. SENATE, of strife. I admire both of those men bipartisan bill. It is not a bill that ev- PRESIDENT PRO TEMPORE, Washington, DC, July 19, 2007. and how they have worked on this bill. eryone is elated about, but it is a good To the Senate: The managers expect other amend- bill that will help provide health insur- Under the provisions of rule I, paragraph 3, ments to be offered. As Members are ance for as many as 6 million children. of the Standing Rules of the Senate, I hereby aware, once all time is expired, Mem- It is too bad that I assume we are going

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S9533

VerDate Aug 31 2005 02:29 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.000 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9534 CONGRESSIONAL RECORD — SENATE July 19, 2007 to have to file cloture on that. But we This is the largest assistance to mid- We will have better repayment op- are going to work on SCHIP next week. dle-income and working families that tions that cap a borrower’s monthly I would hope we could finish Homeland we have had since the end of World War payment at 15 percent of their discre- Security, and maybe even move to an- II and the GI Bill. This is very substan- tionary income. That means all those other appropriations bill. The Finance tial help and assistance. I think all of who are going to be out there working Committee is meeting this morning to us, when we go home to our States, are never going to pay more than 15 report out a bipartisan bill that we can hear from families who talk about the percent of their discretionary income take to the floor dealing with health increased cost of school, the increased on their student loans. That is particu- care for millions of American children. cost of tuition, and the increased cost larly important in terms of what we Conference reports. The 9/11 con- and burden associated with going to call the public-sector jobs, where there ference report is moving along well. college. is an enormous need in this country— The conferees are meeting today. They We are also very much aware of the enormous need. Our society needs more hope to move this conference quickly necessity of providing additional edu- teachers, more emergency manage- so we can finish it next week. cational opportunities that are so es- ment and law enforcement profes- For the ethics conference, we still do sential for families, so essential for sionals, more public health doctors and not have the appointment of conferees. communities, so essential for States, nurses, more social workers, more li- I am trying to figure out some other countries, and the United States in a brarians, more public interest lawyers, way to complete that; otherwise, we world economy. and more early childhood teachers. will have the necessary cloture votes Education is the equivalent, effec- This bill also offers loan forgiveness to get that to finality. It is a shame it tively, of hope and opportunity for the program for borrowers in public service is being held up. It was the No. 1 bill young people of this country. We are jobs: After they work as a school- we took up this year. Why? Because it making a strong downpayment to help teacher for 10 years, paying no more was the No. 1 problem people identified and assist the sons and daughters of than 15 percent of their discretionary when Congress was elected last Novem- working families. income during that time, all their ber. The culture of corruption was so My State of Massachusetts is blessed debt—all their debt—will be forgiven. These are the key elements of this rampant, that was one of the things with many fine schools and colleges. legislation. We want to show what how people focused on. About 80 percent of all those who go on we have tried to ensure that edu- While it may not be the No. 1 issue to college get some kind of help and as- cational opportunity will be available today because of Iraq stepping ahead of sistance over the course of their time to all of our fellow citizens here in it, it is still an extremely important they are in college, whether they go to America—including middle income and issue, and I think it is a shame we have one of our community colleges, one of particularly the low income families. not been able to go to conference on our fine public colleges, or one of our We know from experience the chal- this measure because of objections fine private colleges. So when we say we are providing help lenges that are out there. from the Republicans. and assistance, through scholarships or This chart gives an idea about the in- f through Pell grants, we are making a creases in tuition at public and private COLLEGE COST REDUCTION ACT difference in the opportunities for our colleges. There have been enormous in- OF 2007 fellow citizens. creases in tuition. We have tried to ad- Our future depends on education. The The ACTING PRESIDENT pro tem- dress that with our increase in Pell future of our economy depends upon pore. Under the previous order, the grant funds. having educational opportunities. We I want to take a few moments this Senate will resume consideration of are building on excellent legislation morning, though, to talk about the H.R. 2669, which the clerk will report. that was completed in the Congress focus we have given to the Pell pro- The assistant legislative clerk read earlier this year. gram. Over 5 million Americans—5 mil- as follows: The COMPETE Act came through our lion Americans—all across this country A bill (H.R. 2669) to provide for reconcili- committee, with the great leadership participate in the Pell program. With ation pursuant to section 601 of the concurrent resolution on the budget for fiscal year of Senator BINGAMAN and Senator AL- the commitment we had back in 1965 2008. EXANDER. Our bipartisan effort gave ad- when we passed the Higher Education ditional focus and attention to enhanc- Pending: Act, we wanted to make education ing the opportunities for young stu- available to all Americans—all Ameri- Kennedy amendment No. 2327, in the na- dents to study math, science, engineer- cans and we understood that those who ture of a substitute. Murkowski amendment No. 2329 (to amending, and other areas that are particular had particular financial needs were ment No. 2327), to increase the amount ap- needs for our country in the future. from working families. We developed propriated for the college access partnership This legislation builds upon that leg- this under the leadership of Senator grant program. islation in a very important way in Pell of Rhode Island, our leader and Kennedy amendment No. 2330 (to amend- terms of opportunity. That is what we then-chairman of the Education Com- ment No. 2327), to amend the amounts appro- wish to talk about briefly again this mittee. His name will be associated priated for Promise grants for fiscal year morning. By enhancing educational op- with this program for as long as it ex- 2014 through 2017. portunities, we are going to strengthen ists, along with other very worthwhile The ACTING PRESIDENT pro tem- our economy, we are going to be more programs, including the National En- pore. The Senator from Massachusetts. effective in dealing with globalization, dowment for the Humanities programs, Mr. KENNEDY. Mr. President, I yield we are going to be more effective in the National Endowment for the Arts, myself such time as I might use. terms of our national security because and others. We continue the debate and discus- we are going to have better trained, This chart shows the help and assist- sion on the legislation that has been better equipped personnel and better ance in the Pell area. The program tar- reported out of our Education Com- technology for those who serve in our gets families who are generally making mittee, which has strong bipartisan military forces. $50,000 or less. Individuals with mod- support. This legislation is being con- We also will equip the next genera- erate income still can gain some ben- sidered under a time limit, but cer- tion with the ability to ensure that our efit, but they are not the target. tainly there is sufficient time to de- democratic institutions at the local, Let’s look at this chart here. What bate any of the kinds of issues or ques- State, and Federal levels work more ef- does it show us? It shows that too few tions dealing with education this fectively. low-income students are prepared to morning. We will have the two votes, So education is the key. We are attend college. This shows low income, as the leader has pointed out, at noon- proud of this legislation and the dif- moderate income, middle income, and time. Senator ENZI and I are both here ference it will make. high income. You see that those who ready to discuss, debate, and work with This legislation will provide a his- are completing high school in the high- any of our colleagues on this legisla- toric increase in the need-based grant er numbers, they are dependent on in- tion. But we are very strong believers aid. That is the enhanced help and as- come. You see the higher income stu- in this legislation. sistance in the Pell program. dents are prepared to attend college,

VerDate Aug 31 2005 04:38 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.013 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9535 and 47 percent of the lower income stu- So we say we are targeting these re- using the example a teacher, but the dents are projected to be college-quali- sources. Of the $18 billion we have bill forgives the direct loan graduates fied high school students in 2004. I taken from the lenders, we have close of their debt who work for 10 years in know these statistics are from 2000 and to $1 billion, that will go for deficit re- any form of public service, including 2004, but we know the result is still the duction, and we have taken the other emergency management, public safety, same. These are the figures as a result $17 billion, a major portion of which public law enforcement and govern- of publications last year. This shows will be used to help and assist those ment, education, early education, and we can have well-qualified, low-income students who are individuals of ability, childcare. The need we have now is for students, but only 47 percent of them but who lack the financial help and as- teachers. This bill incentivizes people are going to be college qualified, to be sistance to go on to fine schools and to pursue jobs in early childhood edu- able to go on to college. colleges. We are giving them the bulk cation, among others. That is a key Once these students graduate from of the resources to help and assist element. If you read the great book high school, we see what happens. Only them to go to the schools and the col- ‘‘From Neurons To Neighborhoods’’ by 20 percent of them are going to be able leges. Jack Shonkoff from my State of Mas- to earn a bachelor’s degree. Why is it 20 Then we say—when they graduate, sachusetts, it brings together all of the percent? The reason it is 20 percent is they are going to have a rather sizable National Academy of Sciences evalua- because of, by and large, the financial debt. These individuals want to give tions for the support of children in the burden. So we have the lower income, something back to the community, and earliest months of their lives, let alone moderate income, middle income, and we find out they want to be a school- the earliest years, and how that helps high income. If we are going to be one teacher. So if they are $18,000 in debt, stimulate the synapses in the child’s country with one history and one des- how are they going to be able to pay brain, helps develop the sense of con- tiny, one Nation, we have to have at that off? fidence, the sense of inquisitiveness, least the opportunity in the areas of We say they are going to be starting the sense of capacity for learning, for education; which is so basic. I think we in what is a public sector area. This is early childhood education. We have ex- need it in health care and other areas a schoolteacher in this case. They are panded those opportunities in another of public policy as well, but education $18,000 in debt. When we put the cap on piece of legislation Senator ENZI and I is key. If we are starting off with a the amounts they are going to have to worked on; the reauthorization of the model where income largely deter- repay of their debt, it is going to save Head Start Program. mines who will be able to get the edu- them $732 a year from what they would cation and who will not, we have a di- otherwise have paid—$732 a year—if The work of public servants is so im- vided Nation. If we say we want to give they go into public service. That is the portant. We have public education, equal opportunity to the citizens of amount, because of the 15-percent cap early childhood education, childcare, this Nation, we cannot have this kind that we put on their annual salary. and all the public services working of disparity. That is a big chunk of change; $732 is a with the disabled and the elderly. We What have we done now with the pro- big chunk of change for students just know the increasing requirements so posal? We have said, for those individ- out of college. many of our parents have, in terms of uals who would be eligible, as I men- Then we say if they did this for 10 being able to live independently and to tioned on those first two charts, we years, if they teach for 10 years, then live with dignity. So this bill will en- have increased the Pell grant. This will we forgive the remainder of their debt, courage those who want to work with directly help those individuals who are which is over $8,000. That debt will be the disabled and the elderly, or in pub- going to be unable to complete their forgiven. We reduce their annual year- lic interest legal services as prosecu- education because of the funding lev- ly payment by $700 and forgive their tors of the public defense. We want our els. The Higher Education Access Act debt by $8,000. These are individuals judicial system to work and to work will build on what we started by in- who are going into a profession where fairly for people, to give them the creasing the maximum Pell grant to there is an enormous need. We need to kinds of protections but also give them $5,100 next year—a $790 increase—and have tens of thousands of teachers the kinds of defense. Public school li- to $5,400 in 2011. We know that Pell within the next decade. braries, library sciences, and other grants have opened the door of oppor- Now this is the chart for a teacher. I public school-based service providers. tunity for countless young students can give an example of another public Also, teaching full time at tribal col- over the years. It is imperative for Fed- service provider, and I will do that in a leges or universities. eral and State legislatures to continue minute or two. But this is illustrative We find, as I am sure other Members offering financial aid programs to col- of what this legislation does. It is do, when you go to the fine schools and leges and universities across the coun- heavy in terms of the targeting, in colleges across this country—I find it ty in order to even the playing field for terms of the Pell programs, and in in my State of Massachusetts—the the underserved and disadvantaged. It terms of the loan forgiveness. We also amount of volunteerism that is out is an important targeting of resources have the provisions, as was brought out there among the young people. Many of to those children who are the neediest during the debate and the discussion, them go, in my State, into the City and need the greatest help, but also in- to permit these younger people to earn Year program, one of the great pro- dividuals who have competency and are more when they are in various work- grams of volunteerism we have had. able to gain admission to these schools study programs, or working even as The program has spread in this country and colleges. They have ability, but they are going to the universities. It and around the world in many respects. they don’t have the financial ability. used to be if they earned too much, They go into public service programs This is targeted to try and help and as- they would lose their need-based aid to help and assist and volunteer at the sist them. because they no longer qualified. We schools and colleges in the commu- Now, what else are we doing for those give greater flexibility, which will en- nities. We have a wonderful small col- individuals? We are going to have the courage younger people to earn some- lege, Stonehill College, and one of their loan forgiveness provisions. How does thing in addition, that will maybe help defining aspects as a college is to help that work? You have an individual, for them buy more books or help them buy young people start nonprofit agencies. example, who has gotten into the grant computers. We increase the eligibility They give them help and assistance in program and then they borrow some for auto-zero from $20,000 to $30,000. It how to start nonprofit groups. They, money to complete their education. doesn’t sound like a great deal, but for example, started eight nonprofit That individual wants to go on and be there will be further opportunities for groups to try and relieve the problems a schoolteacher. The annual salary in those who are in working families to be of hunger in southeastern Massachu- my State of Massachusetts for a teach- able to participate in this Pell pro- setts. er is $35,241. The average loan debt is gram. $18,169. That is about the national aver- I use this example of a student who Young people want to get involved. age, and it has doubled in the last dec- will be a public defender. I will put up Young people want to make a dif- ade. the list of all of the examples. I am ference in people’s lives. Young people

VerDate Aug 31 2005 02:29 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.015 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9536 CONGRESSIONAL RECORD — SENATE July 19, 2007 want to provide service. This legisla- effectively. All that for another time. pen. We were not able to get to it in tion will do more to give them the op- But in this legislation, we have gone in the last 2 years. We need to get to it portunity when we have areas of crit- this direction. now. ical need than anything we have done Mr. President, this is just a brief sur- We talk about deficit reduction. This in recent times. This is an area that vey of what I think are the compelling is not the first time we have done def- says, look: You want to work and work aspects. We decided initially that on icit reduction. During the last 2 years, in the public—you want to give some- higher education, we had to bring in we did a major deficit reduction. We thing back to your community, local lenders. We were not sure, going back took away subsidies from the lenders community, or State, if you want to do over the years, how much incentives and put some of that into deficit reduc- that, we are going to give you help and we could provide to the lenders to tion, and a good chunk of it went into assistance. We are going to recognize make sure the system would work. We help for students. I don’t know whether it, and we are going to make it man- found out they have made it work, and we ought to use the term ‘‘deficit re- ageable for you to do it. We have the there are sufficient resources that we duction,’’ though. For the most part, constant illustrations, particularly in are going to continue to give to these what we are doing is spending money, medical schools, where the great ma- lenders to make them profitable. But and we are spending money we don’t jority of young medical students in we can take the resources we have here have. So that is why the deficit reduc- their first year want to become general and target those resources to the stu- tion piece was put in as a piece of legis- practitioners—the overwhelming ma- dents who need it the most. We believe lation, to allow us to actually grapple jority. Then by the second year or the very deeply that educational oppor- with trying to save the Federal Gov- third year, that group is down to a tunity is key to individuals’ future and ernment money. handful. Why? Primarily because of our country’s future. Of course, when it gets into the area student debt. They know when they get If we are going to be one country, as of students, it is hard for us to have out of medical school, they too often I think all of us believe we should be, any constraint, particularly if it ap- are making decisions about their areas we do not want to have the kinds of di- pears we are taking it away from stu- of specialty based on the profession visions that are increasingly putting dents. We are adding to what the stu- that is going to permit them to pay off pressure on the young people of this dents get, just as we did in the last 2 that student debt, rather than be able country at the present time. This legis- years when we did deficit reduction. We to go into a neighborhood health cen- lation is doing a very important job in gave parts to deficit reduction from the ter and to provide help to those who trying to address that situation and, lenders, which decreased the amount of need it. again, I thank all of our colleagues be- money we were spending that we didn’t So we have made this as wide as we cause we have been able to, as Senator have, and we continued to increase could in terms of trying to respond to ENZI realizes, on the committee, in the some of the programs for students. that sense that is out there in our areas of education, we have been able That is what we are doing again here, schools and colleges, in all parts of our to rise above the issues of partisanship. but we are not doing much deficit re- country, urban areas and rural areas, We have had wonderful chairmen, induction. There are people who are very to say: Look, if you want to give some- cluding Senator Stafford from concerned about that. We are making a thing back, we are going to make it Vermont, and we had Senator Pell substantial reduction again in lender possible. We are going to give you a from Rhode Island, and we had our col- subsidies. At some point—we don’t greater opportunity for you to go to league, Senator GREGG, and Senator know what that point is—lender sub- college, particularly if you are from ENZI has been chairman of those com- sidies will get to the point where lend- working families and low-income. We mittees. We have areas where we have ers will not be interested in working are going to give you a better oppor- our differences, although I must say I with students because it takes employ- tunity to do that. With the amendment think on our committee we try to find ees to do that, it takes facilities to do of our friend from Alaska, Senator common ground in areas of difference. that, and there is even risk in doing MURKOWSKI, it is going to help and as- In the area of education, which is so that. All of those have a cost. When the sist States to take many of the young- important across the board, we have cost exceeds what they are able to take er people who need help and try to give worked very closely together. I think in, they will no longer be interested in them focus and get them on the path- this legislation represents a splendid it, and without the thousands of people way to school and colleges. We are opportunity to make a real difference in this Nation who are servicing these going to give that encouragement and for families in this country. loans, as well as informing people how help the States. I yield the floor. to get them and helping them to get Many States have established these The ACTING PRESIDENT pro tem- them, there will be a lot of students kinds of nonprofit agencies that do a pore. The Senator from Wyoming is who will not be able to get the help superb job. We have some in my own recognized. they need to have. State of Massachusetts. They do a Mr. ENZI. Mr. President, I thank the So we need to be very careful in breathtaking job in encouraging people Senator from Massachusetts for his doing these things. One of the areas we to do it. And then we have, in our au- outstanding job of explaining a number have taken great care has been in insti- thorization, the extraordinary work of of the provisions that are in the bill be- tuting a pilot project, and that pilot Senators ENZI and JACK REED to sim- fore us today. This is the reconciliation project is to do, on a portion of the plify the student loan application and bill, which has to deal with savings in loans we have, set up an auction—to permit people who don’t have a lot of the budget. We are hoping that any- have people actually bid to see what student advisers and extra help to be body who has amendments to it will the real dollar number is they would be able to use a more simplified form so bring them down. It is a privileged mo- willing to give up in the way of sub- they can understand what it is to be tion, which means there will be a max- sidies in order to have the business at able to begin to make the application imum of 20 hours of debate on it. We those universities. That will give us a for school and college. We give greater don’t have to do the full 20 hours if better indication of where the subsidy assistance there. there are not 20 hours’ worth of amend- should be, and I am glad we are doing This is all part of the efforts we have ments. So I hope people will bring the it in a pilot project way. When you been making in our committee in amendments down and get them de- move out into the area of doing some- terms of early education. We are going bated and voted on. There is an essen- thing totally different than you did be- to make the changes to No Child Left tial piece that is not included in rec- fore, it is good to start fairly small, Behind, and we are going to try to tie onciliation because it doesn’t deal with with maybe 10 percent of the loans, so in kindergarten programs. We are savings in the mandatory programs. It if it isn’t quite right, it will not de- going to have a seamless web so that is actually most of higher education. stroy the whole college program. Also, will work more effectively, and those We need to get to that part too. It it will give us an indication not only of who go to college are going to be able should be done in conjunction with the the process we ought to be using to to have met the initial college require- reconciliation bill. For parliamentary make it as fair as possible and make ments. We want to try to do that more reasons, it is difficult for that to hap- sure students are taken care of as well

VerDate Aug 31 2005 02:29 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.016 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9537 as possible, but it will also give us an count. So what are we teaching our senior year of education and then there indication of things that ought to be kids? Don’t save for college, spend your are the courses they have to take in done differently. money. That is not right. college just to get up to the entry So I am pleased that we are able to We have tried to set it up so that level. start on a small basis like that instead working students have a great ability The Academic Competitiveness of a big basis because one of the things to receive Pell grants. This change is Grant Program not only provides addi- that happens when you do a change is particularly important as the student tional need-based grant aid to low- and that there is an estimate of how much population in our colleges become moderate-income students, but it en- revenue will be saved. There isn’t anymore and more nontraditional. How- courages those students to take the thing really to base that estimate on, ever, it is not only important to ensure rigorous high school courses that will but there is an estimate of how much that more students enroll in college enable them to enter college, not need- will be saved. What we are doing with prepared to learn but that more stu- ing remedial education. Well-prepared this bill is we are spending the esti- dents have the support they need to and well-supported students are more mates of what could be saved. We are complete college with the knowledge likely to persist to degree completion, not spending what actually will be and skills necessary to be successful. to succeed in obtaining needed knowl- saved but the estimates of what will be America’s ability to compete in the edge and skills to compete in the 21st saved. As everybody knows, estimates global economy depends on increasing century global economy. don’t always come out the same in re- the number of students entering and National Science and Mathematics ality. Sometimes they come out bigger completing college. Access to Retain Talent grants, that is and sometimes less. Unfortunately, Of the 75 percent of high school sen- SMART grants, are designed for third with the Federal Government, when we iors who continue their studies, only 50 and fourth year undergraduates major- are talking about the amount of reve- percent receive a degree in 5 years, and ing in physical, life, or computer nues that will be coming in, we are that is within 5 years of enrolling in sciences, mathematics, technology, en- usually overestimating that, and on college. Only 25 percent of them re- gineering, or a critical foreign lan- the spending side we are under- ceive a bachelor’s degree or higher. guage. These grants serve a dual pur- estimating, which means we are spend- These numbers are even worse for pose, and that is to provide needed ing more than we are taking in and students from low-income families. grant aid and to encourage students to compounding it. Among eighth graders in 1988, only 16 major in and enter a field where there In all of these programs, we have the percent of them from low-income fami- is a national need. sense of wanting to do generous things, lies attained a bachelor’s degree by the The reconciliation bill before us but we also have a responsibility for year 2000. The fact is that over four today provides for additional need- making sure we can pay for our gen- times as many eighth graders from based grant aid to students as well, erosity. Our goal, of course, is to have high-income families attain bachelor’s through the creation of Promise as many students as possible have ac- degrees as their peers from low-income grants. The provisions of the bill move cess to college. Money is one of the families. Pell grants are aimed at pro- us in the right direction. Low-income problems, but there are other problems viding low- and middle-income under- students who are striving to attend too. graduate students with resources need- college will know there is financial aid I wish to speak about the importance ed to enroll in college and persist available to them to access college or of the legislation that is under consid- through graduation. career and technical education. eration, but I wish to reiterate the im- America’s competitiveness depends What is missing from this debate? We portance of taking up the Higher Edu- not only on the investment in sci- have a pretty complete explanation of cation Act reauthorization and, hope- entific research and technology but the what is in the bill, but consideration of fully, doing that right after this rec- investment in human capital; that is, the rest of the Higher Education Act is onciliation bill. That is why I encour- our students. essential. The bill before us today fo- age people to bring amendments down, Two years ago, Congress invested the cuses on a very narrow slice of the so maybe we can yield back some time. savings it achieved through reconcili- Higher Education Act, one piece which There may be time today to cover the ation in students by providing $9 bil- is dependent on the other foundational other part, which is a bigger part than lion in new spending for student bene- programs that are not part of reconcili- reconciliation, and it is more impor- fits, including $4 billion in additional ation. We are only seeing a fraction of tant. need-based grant aid through Academic the higher education picture by debat- The reconciliation bill provides for Competitiveness grants and SMART ing this bill separately from the larger additional need-based grant aid, and grants. This grant aid is in addition to higher education reauthorization pack- that is a critical component of increas- the basic Pell grant award for Pell-eli- age. ing access and affordability. Addition- gible students. I cannot emphasize enough how es- ally, by increasing the income-protec- For first- and second-year under- sential it is to cover the whole higher tion allowance, we have increased the graduates, the Academic Competitive- education package. By discussing only ability of working students to receive ness grants are designed for Pell-eligi- the reconciliation provisions affecting Pell grants. That change is particu- ble students who complete a rigorous higher education, we are leaving be- larly important and one I have been high school curriculum. These grants hind financial aid application sim- sensitive to. I worked during junior are important because recent data plification. We have touted that a lot, high and high school so that I could af- shows that slightly less than one-third, and it needs to be simplified. Pre- ford to go to college, and that all 31 percent, of public high school stu- viously, in filling out an application counted against me when I tried to dents are prepared for postsecondary for financial aid assistance, it was nec- apply for any kind of aid. I wasn’t eli- education as demonstrated by the aca- essary to do both sides of this long gible for it. demic courses they pursued. form, using these many instructions. My daughter ran into a similar situa- Let me repeat that. These grants are Mr. President, does that look formi- tion. We made sure all of our kids important because recent data shows dable to you? It looks pretty formi- worked toward their education. She that slightly less than one-third of all dable to me. As a result, a lot of people had saved some money, and we always public high school students are pre- who could qualify for financial assist- gave them a little incentive: we would pared for postsecondary education, and ance have not qualified for financial match anything they came up with, that is demonstrated by the academic assistance because they did not do the whether it was scholarships or money courses they pursued. paperwork, and it is easy to understand they earned and saved. So the first It is also demonstrated by the num- why they did not do the paperwork. time she applied for any kind of assist- ber of remedial courses they have to Who needs all that? ance, scholarships, or anything need- take when they get to college. That is One of the things we have done is to based, they said: You know, you have something we hope to fix in No Child simplify that form so it is both sides of this money in savings, you should have Left Behind, concentrating on the high one page. It is much easier to answer. spent that on a car. A car doesn’t school years so there isn’t that wasted The reason we are able to simplify it is

VerDate Aug 31 2005 02:29 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.024 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9538 CONGRESSIONAL RECORD — SENATE July 19, 2007 that the questions that are asked on it they can make more informed deci- pecially since we are talking about def- are the ones that are essential to being sions, and improve financial literacy icit reduction, which means we are able to determine whether the student across the board so that students have spending more than what we have, so needs financial aid or not. So it is a better understanding of how they can what we are spending is money we much more concise. This application manage their loans and monthly pay- don’t have. But we are going to take gathers a lot of information. We ments. Schools and colleges have to do this estimate of excess revenue that we couldn’t find out who used the informa- more to increase accountability and are saving and spend it under both tion. So if we don’t know who uses it, seek efficiencies that bring down the amendments. why gather it? We have simplified that cost of postsecondary education. When The first amendment is a relatively application which should increase the we raise the Pell grant amounts, it small amount, $176 million over the number of students who can fill it out. doesn’t help the students if the cost of next 2 years. It does some very impor- If we do not do the other higher edu- college goes up an equal amount or tant things. Not-for-profit lenders, par- cation package, that will not be done. greater. ticularly small ones, might not be able There are also student loan disclo- The complexity of the Federal stu- to participate in the auction pilots sure requirements and year-round Pell dent aid system has to be tackled. and, thus, they will lose funding. This grants in the reauthorization bill. Right now filling out the Free Applica- will allow them an opportunity to still Right now a student is limited to a tion for Federal Student Aid prevents be able to participate in the college school year rather than year-round. A many students, as I mentioned, from market and conduct outreach and do lot of the technical schools go year- even considering college. That was all the important things those non- round, which means there is a portion never our intent. It is time to make profits are already doing for students, of the year they cannot cover with Pell that less complicated than filling out that they lose out on the auction. grants. our tax forms, and for an accountant to When we are talking about money There are additional supports for say that is really something. around here, $176 million is a micro-dot nontraditional students. That is very Also, it is our responsibility to en- in the budget. important. As we are talking about a sure that students and their families The other amendment is the Promise lifetime of employment, there are a lot have the information they need to Grant Program. It is to spend the out- of people training and retraining, and make informed decisions about the in- lying money. There is some money they are nontraditional students. They vestment of time and money they are that comes in further down the road. It didn’t just get out of high school. They making to secure a college education. is actually pretty big money, $5.7 bil- are ready to go back and learn some- The cost of college has risen dramati- lion, and this spends a good portion of thing additional. They are usually very cally, and at the same time the need it. motivated people because they under- for a college education is greater than So the decision people will have to stand the importance of what they it has ever been before. make is actually whether they want to America’s students must have the don’t have and what they desperately save any money or whether they want tools they need to complete higher edu- want. to take some of the money we don’t cation and to acquire the necessary Graduate and international edu- have and put it into some new pro- knowledge and skills to become com- cation would be covered in the other grams. petitive in the 21st century economy. package; financial literacy and better I wanted everybody to know what the This can be accomplished, but it will borrower information; privacy protec- situation is. From an accounting take both the reconciliation and reau- tion; also improvements to the Aca- standpoint, I feel compelled to point thorization bills together to reach that demic Competitiveness grants and that out. goal. We do have an important bill before SMART grants. We always want to be I am again stating for the record that improving those grants and encour- I hope the Senate Democratic leader- us. I hope we can make it through that aging the sciences, technology, engi- ship will provide us with an oppor- bill today. I know we can because the neering, math, and medical fields. tunity to have a full and open debate rules require us to do that. If we can There is also a college cost watch on all aspects of the Higher Education finish it a little earlier, perhaps we can list, a little more information for ev- Act. Both pieces are essential to ensur- get to that second package, the one erybody; and quality teacher prepara- ing students have access to a quality that has good stuff in it, the one that tion programs. We need to be encour- education. It is no longer an option has to be done in order to have a com- aging teachers. We are going to lose a whether to pursue college or skills cer- plete package. lot of them shortly through retirement tification that is nationally recognized. I reserve the remainder of my time with the baby boomers, and they need Everyone needs to have all the tools to and yield the floor. to be replaced. The basis of education understand and shape their future. The ACTING PRESIDENT pro tem- is having quality teachers. They need these options. It cannot hap- pore. Who yields time? We are, once again, faced with the pen with just the reconciliation part of The Senator from Iowa. Mr. HARKIN. Mr. President, the possibility of only dealing with the the package. The money without the mandatory spending programs and capability doesn’t do it. name of the bill before us today is the leaving comprehensive reauthorization I look forward to working with College Cost Reduction Act, as it has of the Higher Education Act undone. I Chairman KENNEDY and colleagues on been called. But just as appropriately wish we could have combined the two. my side of the aisle so we do not let it might be called ‘‘Restoring the I guess we still could, but it is not this opportunity pass by once again. American Dream Act’’ because that is going to happen because reconciliation So far we have two amendments that exactly what is at stake with this criti- gets special consideration with a limi- have been submitted. I need to talk a cally important bill. tation of 20 hours of debate. little bit about those two amendments. We all know that higher education is We are cutting the bottom line if we One of them is the Murkowski the key to success in today’s global do not deal with the quality and sub- amendment. We have this interesting economy. It is the key to Americans’ stance of the important programs I process under reconciliation. It is sup- success as individuals, but it is also the mentioned. We have to have the whole posed to be for deficit reduction, but key to America’s success as a nation. package. The American success story any time there is deficit reduction, it But over the last 6 years, the cost of of higher education is at risk of losing leaves money hanging out there, and college has skyrocketed 40 percent. the very qualities that make it great— that money can be used in amendments Meanwhile, the buying power of Fed- competition, innovation, and access for in a number of different ways. It just eral grant aid has fallen, and too many all. works on our minds to know that there young students are being forced to turn Our goal should be to promote inno- is money out there that could be spent. to private loans with high interest vation and new technologies to keep So we have a couple of amendments rates. the cost of college down, to expand the that will use up the money. As a result, college has become a dis- availability of information to keep stu- There are a lot of people who would tant, unattainable dream for many dents and parents in a position where prefer we didn’t use up the money, es- Americans. For millions more who are

VerDate Aug 31 2005 02:29 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.025 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9539 fortunate to attend college, they grad- dents, while providing some loan for- rowing larger and larger amounts. uate with two things: a college diploma giveness for graduates who enter teach- Today, more than 60 percent of under- and a mountain of debt. ing, nursing, and other important but graduates at 4-year colleges take out With the bill before us today, we in- relatively low-paying jobs. loans, and the average student loan tend to reverse these negative trends. Bear in mind that before the increase debt is more than $19,000. Indeed, Iowa We intend to put a college education earlier this year, the value of the Pell students at 4-year colleges and univer- and a fair shot at the American dream grants had been drastically eroded sities graduate with an average of back within the reach of every Amer- since 2001. I wonder if there are any $22,727 in debt—the second highest rate ican, including those of modest means. colleges in America that charge the in the country, I might add. We might think of this bill as restoring same amount for tuition as they did 6 Make no mistake, when students the ladder of opportunity for millions years ago. I don’t think so. In fact, graduate from college with a mountain of Americans. high school guidance counselors tell of debt, this has a major impact on This is a bipartisan bill with support me that, for the first time, they are their career choices. For many heavily on both sides of the aisle. I thank Sen- seeing kids giving up their dream of indebted graduates, pursuing public ator KENNEDY and Senator ENZI for college because they simply can’t af- service careers as teachers, social their bipartisan leadership in getting ford it, even with loans and grants. workers, legal aid attorneys or a host this bill through committee and get- I recently received a letter from a of others becomes out of the question. constituent from Indianola, IA, county ting it to the Senate floor. At the same A recent study found that 23 percent of seat of my home county. She told me time, I take pride in the fact that col- public college graduates and 38 percent about her daughter who graduated lege access for all was one of the six of private college graduates would have from college last year. Let me quote priorities we annunciated last fall. an unmanageable level of student debt from this mother’s letter. The crisis in college affordability has if they tried to live on the starting sal- grown worse year after year. Year after We faithfully saved for our daughter’s education every month from the time I knew I ary of a teacher. year, Congress failed to act. Last year, The burden of student debt also has a we Democrats said to the American was pregnant, even during a six-month period when my husband was unemployed. big impact on major life decisions. A people: You give us the leadership reins Since Rhiannon needed to attend a special- student loan survey found the prob- and we will chart a new course. We, ized college, our savings for her were not ability of owning a home decreases as today, are making good on that prom- nearly high enough. Last year, Rhiannon’s the level of student debt increases. ise. monthly loan payment suddenly increased to Well, that makes sense. In a survey, 30 around $700 a month. How many families can The bill before us will accomplish a percent of students said they delayed number of things. Most importantly, it afford to do this? How is this generation of young adults ever to afford the American buying a car because of student loan will increase the maximum Pell grant, debt, 21 percent said they delayed hav- and it will increase the income level at Dream to own a home? This is not good for the future of our economy, for how will these ing children, and 14 percent said they which students automatically benefit young people be able to have purchasing delayed getting married. for the maximum Pell grant. It will en- power or be able to afford marriage and chil- I know of one very talented member courage public service by providing dren? College educations must remain a of my own staff who, even in his mid some loan forgiveness for graduates choice for all of our youth in order for our 30s, was burdened with tens of thou- who go into fields such as teaching, so- Nation to compete in this global economy. sands of dollars of debt while attending cial work, nursing, and service as legal This is not an exceptional case. We law school. He then got married, he aid lawyers. The bill will give protec- have all heard similar stories and re- and his wife had a couple of children, tion to borrowers by capping the ceived similar letters. Today, with the and he felt increasingly burdened by monthly payments at 15 percent of dis- College Cost Reduction Act, we have an the debt. He finally had no choice but cretionary income. opportunity to address the crisis in col- to leave his relatively modest-paying This bill is a classic win-win-win. It lege affordability in ways that will Senate job for a more lucrative posi- is a win for the Government and for make a dramatic difference. As I said, tion in the private sector. He concluded students and for taxpayers. For years, the centerpiece in this bill is the sig- this was the only way he would ever be we have been concerned about the nificant increase in the maximum Pell able to pay off his college loan debt so widespread abuses and excesses within grant and the expansion of Pell grant he could then start saving for his own the private student loan industry. eligibility. Over the years, the Pell children’s college education. I believe What this bill does is cut excess sub- Grant Program has been enormously there are more and more young people sidies to the private loan program by successful. This is America’s largest like that—they want to do public serv- $18 billion and channel most of those need-based student grant program, and ice-type jobs, but with the amount of savings into Pell grants. it has given millions of low-income debt they have, they can’t afford to do Earlier this year, in the fiscal year students the opportunity to attend col- so. 2007 joint funding resolution, we were lege, many of them the first in their able to increase the maximum Pell families to do so. The College Cost Reduction Act is a grant by $260 to a total of $4,310. That Over the years, the value of the Pell sound bill. It is a good bill. What is was the first increase in Pell grants in grant has eroded dramatically. Think more, it would not cost the taxpayers a 5 years, since the last time Democrats about this: Two decades ago, the max- dime. As I said, the bill saved $18 bil- had the majority and I chaired the Ap- imum Pell grant covered 51 percent of lion by cutting wasteful, excessive sub- propriations Subcommittee for Edu- the cost of tuition, fees, and room and sidies to private lenders, and of that cation and Health Programs in 2001. board at a public 4-year college—51 per- amount $17 billion will be used to fund Now, with the bill before us today, cent. By the 2004–2005 academic year, it increases to Pell grants and the in- we are pleased to build on that covered only 35 percent of those costs, come-based loan repayment program, progress by joining with Senator KEN- and it has fallen even more over the with the remaining $1 billion dedicated NEDY and Senator ENZI to boost the last couple of years. to deficit reduction. maximum Pell grant to $5,100 next year In my State of Iowa, two decades Predictably, the private lenders have and $5,400 by 2011. ago, the Pell grants covered 61 percent mobilized a small army of lobbyists to I also wish to salute Senator KEN- of the average cost of a public 4-year argue that reductions in their subsidies NEDY for crafting this Senate bill in a college tuition, fees, and room and would be devastating to their industry. way that is a big improvement over the board—61 percent. Today, it covers Well, this simply is not true. The fact House bill. The House bill cuts interest about a third—about 33 percent—of is that it is high time we eliminated rates on all student loans. Well, that is those same costs. the waste and gross excesses in Federal very expensive, and it also provides Without adequate Federal grants, subsidies to some of these private lend- benefits to many who don’t need them, students have had to rely increasingly ers. Because of those subsidies, the stu- such as upper-income families. The on student loans, many with very high dent loan industry has reaped huge Senate bill concentrates the savings on interest rates. More students and their profits and become one of the most lu- increasing grant aid to low-income stu- parents are taking out loans and bor- crative industries in America.

VerDate Aug 31 2005 02:29 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.026 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9540 CONGRESSIONAL RECORD — SENATE July 19, 2007 Take Sallie Mae, for example, the as one of the important leaders on the I often tell the story of my nephew Nation’s largest student lender—fan- Appropriations Committee to make Kelly. Of course, he was injured in the tastically profitable, thanks to these sure that what we have authorized ac- military, so he has always had VA overly generous subsidies over the past tually gets funded. I hope the young services. But he has a nurse who comes 30 years. The corporation now is mov- people in Iowa understand that, be- in. He is a paraplegic. He gets up in the ing forward with plans to sell itself. cause we certainly understand it, and morning, a nurse comes in, gets him This corporation that has been loaning we are very appreciative of it. ready for the day, he goes to work, money to students now is going to go Quickly, though, the Senator has comes in, and when he gets home at private, sell itself, with a windfall of outlined in careful detail how we have night, someone takes care of him. If it some $25 billion. Together, Sallie Mae put the greatest amount of the savings weren’t for that, he wouldn’t be work- chairman Albert Lord and their CEO, of $18 billion, $17 billion to provide re- ing and paying taxes. That is, thank- Tim Fitzpatrick, have collected total lief for the students in the Pell grants. fully, because he is in the VA and they compensation—get this, the two of But I want to underline one other as- do that, but for anybody else who has a them—of $367 million since 1999. Two pect of the program which says that if disability, they don’t get that kind of people. And we are wondering why stu- young people are going to volunteer in service. dents have such high debts. In fact, as terms of public service, they will pay More and more, we will be working the Washington Post reported a short no more than 15 percent of their in- with people, individuals with disabil- while ago, Mr. Lord, the Sallie Mae come in return. Therefore, they will ities, in this sector. A lot of people chairman, is currently building his own save a good deal of the amount that want to do this. They cannot do this, I private golf course on 244 acres in sub- otherwise they would have to save, and say to the Senator, with the mountain urban Maryland at a cost of up to $15 then they will get the loan forgiveness of debt they have. They just can’t af- million. This is the head, folks, of Sal- at the end of the day. ford to do this work. lie Mae, the largest student loan indus- I just list here the various areas of The only thing I might disagree with public service. His particular interest try in America. the Senator on, he said this is one of So we shouldn’t shed any tears for would be about halfway down, since the the most important aspects. I think the private loan companies and their Senator from Iowa has also been our this is ‘‘the’’ most important aspect of executives. They are doing quite well. great leader dealing with the chal- the bill. I would say to the Senator, I started Quite frankly, they are going to con- lenges of disabilities, and also with the my life as a legal aid lawyer. So many tinue to receive Federal subsidies. elderly—public services for individuals who work with the disabled, also with low-income families need assistance, They are going to continue to make the elderly, also with independent liv- just legal assistance with debts, hous- loans. They are going to continue to ing issues as our population grows ing, divorces, family problems. They make profits. But maybe some of the older. can’t afford it. A lot of young people future CEOs in this industry will have So we have public health and social want to become a legal aid attorney. to forgo the luxury of having their own work in public service agencies, edu- They may not stay there all their lives, private golf course. cation, early education, childcare, our but they would like to do this for a few The College Cost Reduction Act is legal system, public defenders and li- years. It is public service. They get one of the most important pieces of braries—working, even in the tribal their feet wet right away in a lot of legislation we will consider this year. areas. legal work. It will make college affordable for our As the Senator from Iowa found in I always tell young people in law young people, especially those of mod- his travels around Iowa in many of the school: If you really want to figure out est means. It will go a long way toward schools and colleges, young people wel- what legal work is all about, become a ensuring our young people are not come the opportunity to be a part of legal aid attorney out of law school. overly burdened with student loan debt giving something back to the local You will get the cases no one else after they graduate so they can afford community, giving something as a wants. You will get the cases people to pursue careers that not only benefit teacher or helping the disabled. They have given up on. I tell you, that will them but make the world a better are glad to do that. In too many in- make you a better lawyer than any- place in which to live. It will put the stances, they can’t afford to do it be- thing in your lifetime. American dream and that ladder of op- cause they have too big a debt, but A lot of young people want to do this. portunity once again within the reach under this bill they will be able to do They cannot do it with the debt they of every American. that, and at the end of the day, a grate- have now. I urge my colleagues to support this ful nation will say: If you do it for 10 Mr. KENNEDY. If the Senator will long overdue and vitally important years, your debt is forgiven. just look at this chart. You mentioned bill. Again, I wish to compliment Sen- I ask if the Senator will not agree about the public defender—annual sal- ator KENNEDY for so many years of with me that this is really one of the ary, this will be a public defender in In- leadership on this issue, especially the important provisions in this legisla- diana. Here is the average loan debt, issue of education and making sure tion, one of the compelling provisions? probably as a public defender. The av- that college is affordable to our lowest- We have tried to provide help and as- erage is $19,000 but probably $51,000 if income students. I thank him, I thank sistance to those in the Pell program, that person has gone to law school. We Senator ENZI for working together on but we are also trying to incentivize save them $2,800 a year in loan pay- this bipartisan bill, and, hopefully, be- and give opportunity to young people ments. If we do this for 10 years, I show fore the day ends at not too late an who want to give something back to the Senator from Iowa, if we do it for hour, we can pass this bill and give their communities by showing a grate- 10 years, their loan forgiveness is more hope and opportunity to a lot of ful nation will forgive their debt. $33,000—$33,000 is forgiven. these young people I see sitting on the Mr. HARKIN. I thank the Senator for Mr. HARKIN. I hope the Senator Senate floor and to so many other pointing this out. I especially want to doesn’t mind if I hold one up for Iowa. young people throughout America. underline what the Senator said about This is a teacher in Iowa: average sal- Again, I thank Senator KENNEDY for the public services for individuals with ary, $27,284; average loan debt, $27,727. his outstanding leadership on this disabilities and the elderly. Here are your monthly payments. issue. Because of the Olmstead Supreme Under this bill right now, the relief Mr. KENNEDY. Will the Senator Court decision, because of what is hap- will be $1,344, and the amount forgiven, yield for a question? pening now, as you know, we are mov- $16,057. This is going to be great for Mr. HARKIN. Yes, I will be glad to. ing more and more people out of insti- teachers, going into teaching in the Mr. KENNEDY. I thank the good tutional-based settings and into com- State of Iowa. I can’t speak for what it Senator from Iowa for all his work on munity-based settings. A lot of these is like in Massachusetts, but in Iowa our education proposal. He has been a people are going to need some help and we are losing about upwards of a third key member of our Committee on Edu- personal assistance services to get to half of our teachers in the second or cation, and he has not only worked on going so they can earn money and pay third year because they cannot afford it in terms of our committee but also taxes. to teach and pay back their loans.

VerDate Aug 31 2005 02:29 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.018 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9541 Again, I thank Senator KENNEDY for Federal dollars in Pell grants which less money for Pell grants. What has his great leadership. As I said, this, to provide need-based aid to 5.3 million not been relayed accurately is that the me, is the core of what we are trying to Americans each year. An estimated 90 Nelson-Burr amendment increases do with this bill. It is not only to help percent of Pell grant recipients consid- grant aid to the exact same funding these students get the Pell grants to go ered to be dependent upon their par- levels as the Higher Education Access to college but also so they can pursue ents had family income below $40,000. Act. The amendment does not degrade their dreams and do the kind of work This provides essential support for the amount dedicated to Pell grants; they want to do, not what they are many underprivileged families but only rather, it uses a different baseline from forced to do because they have a moun- starts to address student need as loans which the CBO cost calculations are tain of debt. are often required to supplement this made. We assume the $4,600 Pell grant I yield the floor. aid and many middle-class families in- appropriation which was accommo- The PRESIDING OFFICER (Mr. eligible for Pell grants are left search- dated in the budget resolution—the BROWN). The senior Senator from Wyo- ing for financing solutions. same budget resolution which created ming is recognized. In a time of mounting challenges for these reconciliation instructions. This Mr. ENZI. I yield such time as the America’s middle class, I urge caution assumption is less than the House of two Senators need, until 11:40, which I and moderation in cutting funding for Representatives’ Labor, Health and think has been reserved for the leaders; the Federal Family Education Loan Human Services, and Education appro- is that correct? Program, known as FFEL, on which 8 priations bill which funds it as $4,700 The PRESIDING OFFICER. That re- out of 10 schools rely to serve their stu- for Pell grant maximum. quest has not been granted at this dents’ financial needs at the present Our focus is on the end result for stu- time. time. Eight out of ten schools rely on dents. A vote for Nelson-Burr not only Mr. ENZI. OK. I yield them such time these private financing situations for assures that the most needy families as they need to present their amend- students’ financial needs. see the same increases in Pell grants The Federal Government partners ments. but also helps mitigate the damage to with loan providers to ensure that the The PRESIDING OFFICER. The Sen- competitive student loans that deliver student loan marketplace is fully cap- ator from Nebraska is recognized. savings to middle-class families and italized and students have access to af- AMENDMENT NO. 2337 TO AMENDMENT NO. 2327 students, many of whom are ineligible fordable higher education financing op- (Purpose: To amend the special allowance for Pell grants and other aid. tions. This market-based approach has payments) Let me make the point clear. solidified access for student loans, pre- No. 1, 8 out of 10 schools rely on the Mr. NELSON of Nebraska. Mr. Presi- served attentiveness to the needs of dent, I rise alongside my colleague and FFEL Program. borrowers and schools, while providing No. 2, we must proceed with caution friend, Senator BURR from North Caro- valuable discounts to middle-class fam- and moderation in making these cuts lina, on an issue of great importance to ilies. because this will reduce the amount of America’s middle class; that is, the af- That said, our amendment preserves fordability of higher education. significant cuts to the student loan in- capital available for student loans for I call up amendment No. 2337. dustry. However, it does so in a tem- middle-class families. No. 3, these cuts directly impact stu- The PRESIDING OFFICER. Is there pered and moderate manner which dents’ and middle-income Americans’ objection to setting aside the pending bridges the desires of Members on the amendments? Without objection, it is one hand to increase need-based aid for pocketbooks, those who have to rely on so ordered. low-income families and on the other loans for higher education. No. 4, our amendment does not re- The clerk will report. hand to avoid increasing loan costs for duce student aid or the maximum Pell The bill clerk read as follows: millions of families and doing signifi- The Senator from Nebraska [Mr. NELSON], cantly irreparable harm to the public- grant set out in this bill, as some have for himself and Mr. BURR, proposes an private FFEL Program. In addition, said. I urge my colleagues to join me in amendment numbered 2337 to amendment our amendment preserves the max- No. 2327. supporting the Nelson-Burr amend- imum Pell grant levels established in (The amendment is printed in today’s the Higher Education Access Act and ment. I ask that my colleague, Senator RECORD under ‘‘Text of Amendments.’’) does not reduce financial aid for stu- BURR, have whatever remaining time The PRESIDING OFFICER. The Sen- dents. might be required for his remarks. ator from Nebraska. Many will come and speak about past The PRESIDING OFFICER. The Sen- Mr. NELSON of Nebraska. Mr. Presi- grievances in which a select few in the ator from North Carolina is recognized. dent, even at the University of Ne- student loan industry have been in- Mr. BURR. I thank my colleague and braska, which offers a quality and cost- volved. I am as troubled as anyone by friend, Senator NELSON. I take the op- effective education, the average grad- these past actions, and I applaud the portunity to thank Senator KENNEDY uate holds over $16,000 in debt as they HELP Committee for taking action in and Senator ENZI, who have played the enter the working world. That is the the higher education reauthorization leadership in trying to find the balance equivalent for many starting out of a bill to make sure these problems do not of what our policies should look like— near mortgage, although they don’t occur again. the policies of competition, the policies own a house. For many students across That said, the Federal Family Edu- of access, the policies of direct Govern- the Nation, the picture is even more cation Loan, FFEL, has afforded young ment loans. bleak, as students graduate with the Americans the opportunity to attend It is not easy when there is so much equivalent of a home mortgage, in college for over 40 years and is a crit- we want to do, but we are confined by many instances. Over the last 10 years, ical part of making college a reality how much money we have to do that. It the problem has grown worse. Average for many in the middle class. Over the is my hope, as Senator ENZI said ear- tuition and fees at 4-year public and life of a loan, the FFEL Program deliv- lier, that we do not stop with this rec- private institutions have increased by ers on average $2,800 in discounts and onciliation bill, that we quickly reau- 38 percent. savings to middle-class Americans. thorize Higher Education. I believe The class of 2008 will be the largest Amazingly often, we speak about the that is absolutely essential, and many high school class in U.S. history, with magnitude of student loan cuts as if things we have in that make a tremen- nearly 3.2 million high school grad- they will cost nothing. Americans rely dous difference. uates facing the decision of whether on the FFEL Program, and I encourage Senator NELSON has done a beautiful they can afford to go to college. A key Members to ask their FFEL schools job of laying out for everybody what is part of that calculation will be the fi- how valuable the program is for stu- at stake. I suggest to you that what we nancing options at their disposal, in- dents in their State. Our amendment need to focus on, more than does the cluding grants, Federal loans, and pri- tempers the FFEL cut, preserving loan come from the private sector or vate financing. $15.65 billion in reductions to lenders. from the Federal Government or this I applaud Senator KENNEDY for lead- Reports are circulating that the Nel- or that, is students. This debate is ing the charge, investing additional son-Burr amendment would set aside about students. It is about are we going

VerDate Aug 31 2005 04:38 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.019 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9542 CONGRESSIONAL RECORD — SENATE July 19, 2007 to provide an opportunity for every As Senator NELSON says, our amend- embraced; as Senator HARKIN very pas- child in this country who wants to seek ment cuts for all lenders $15.65 billion sionately displayed, probably long higher education, as part of the tools over 5 years at a time when it is not overdue in a lot of cases. As we focus they possess for their competitiveness just a domestic economy, it is a global on how to expand it, as we focus on in the future, are we going to provide economy. I believe every Member of how to be a little more attuned to what that for them regardless of where they the Senate—more importantly, every the needs are, it strikes me we would come from, regardless of the income of parent in America—understands, re- cut in a way that might—I stress the their family, regardless of the school gardless of their education level, that word ‘‘might’’—constrain the choices they choose? for their kids to have an unlimited fu- parents and students have. Senator NELSON stated very clearly, ture they have to have an opportunity It is simple: If we want to eliminate 80 percent of the schools in the country to get the best education they want to the word ‘‘might,’’ and say it does not, chose FFELP loans as their No. 1 tool pursue so their opportunities in life are all we have to do is roll back slightly to provide the financing students need unlimited. the cut we propose. In doing that, we to get their education. I think we can safely say with a re- still make the investment in low-in- Why? Well, one, because they are duction of $15.65 billion, we feel fairly come subsidies through FFELP and more competitive in most cases. Those confident we can make that promise to other programs, we still give the assur- that provide FFELP eliminate the parents across this country, that we ance to every family that there is a origination fee. They discount the have not diminished the opportunity way to finance college education, we loans. In many cases they are a point for unlimited opportunities for their still assure students that once they get or more under what the Government children. But I think it is safe to say that diploma, that diploma is the an- direct loan is. Senator NELSON and I and others be- swer to the payback of that student Now, I would expect some would say lieve if you cut further and you dimin- loan, because they now have the tools since Senator NELSON and I are sug- ish the competition in the market- for an unlimited future which brings gesting that since nonprofits we’re replace, you have now diminished the op- with it an unlimited earnings oppor- ducing by 35 basis points in their portunity, not just the educational op- tunity. spread, and for-profits 50, that 50 they portunity but the economic oppor- The answer is easy. I hope my col- can live with. They may be right. But tunity, of the next generation. leagues will support what I think is a the fact is that none of us knows. If one I don’t necessarily agree with the very responsible amendment to a very lender drops out of the marketplace, philosophy that if we get it wrong, well-intended bill. I believe not to do it we have now constrained the choices there is a Government Direct Loan pro- is to accept the responsibility that and the options every student has. gram to service them regardless, and some kids will win and some kids will I think what Senator NELSON and I they will access loans; they will access lose; that the possibility exists that suggest is, let’s do 35 and 35. Let’s treat it through a program that does not when you diminish competition, you the for-profit and not-for-profit in the eliminate the origination fee; that does actually raise the cost of education, same way. In the case of North Caro- not discount the product; is at least a not lower the cost; that for some who lina, I should be fine with where non- percentage point or higher, because might have access today but might not profits are, because 65 percent of all they have no competition; it is not have access tomorrow to anything student loans written in North Caro- user friendly; it is not responsive; its other than the Direct Loan from the lina are done by the College Fund of application process is not predictable. Government student loan program; North Carolina, a not-for-profit insti- It sounds a lot like the visa process for that that option may be too expensive; tution. people in the United States, for people it may be too cumbersome; it may be When you look at added services over on the outside looking in. too difficult to understand; it may not and above the discount rate and the But the reality today is we need a be predictable enough; and that period ease of doing business with the College system that every student and every of decision, as one completes a senior Fund of North Carolina, and with the parent understands. I have two chil- year in high school and potentially for-profits in comparison to the Gov- dren in higher education. I can tell you makes a decision about not just where ernment Direct Loan, which is Wash- the most difficult thing is for a parent they go but whether they go, that one ington driven, it is bureaucratic, it is to sit down and try to figure out the change may influence them to say: not consumer friendly, it is not respon- application process, how to fill it out, Well, you know what, 12 years is sive to the families or the students, how to qualify, and whether, in fact, enough. you realize why eight out of 10 schools you do qualify. I come from a State that has had, I choose it; but, more importantly, why Senator ENZI alluded earlier to the think, the largest transformation in parents and students choose that as the need for additional reforms. I think we our economy of practically any State No. 1 option. agree, in a very bipartisan way, that in the country. Twenty years ago tra- FFELP has a history. It is a history there are other things we need to do. ditional manufacturing drove every job that shows tremendous benefits to stu- But the wrong thing to do would be to that was in North Carolina, and that dents and to their parents. In most hurt students, to hurt parents right was in textiles and furniture. Through areas of the U.S. economy, we find that from the beginning with their access to the changes in trade and through the when we encourage competition, the affordable education. creation of a global economy, I do not beneficiary is the individual who The spirit of where we are going is need to tell my colleagues where tex- reaches a lower price point. We are say- right; it has just gone a little too far. tile and furniture jobs are today, but ing: Let’s not risk it. Let’s go to where And rather than to go into the un- they are not in North Carolina. we know nobody is harmed, but let’s known and not know what the reac- If it were not for higher education in not go further than that. Let’s make tions will be in the for-profit market, I North Carolina, we would not have re- sure we have incorporated into the believe the responsible thing is to roll educated and retrained an older work- package for those low-income families back the change slightly, to treat for- force, but we also would not have the the grant proposals Senator KENNEDY profits and not-for-profits the same capabilities, without higher education and Senator ENZI have incorporated in way, to assure every family that the today, to take the next generation that their bill, but let’s not be too punitive educational opportunities we continue is coming through to give them the to the system, going into the unknown, to see expand for all Americans; in educational skills they need to com- that we actually eliminate clients who fact, continue in the future, and they pete in the 21st century jobs we are exist in the marketplace. are not limited or constrained in a way creating today. Very simply, our amendment focuses that families look at it and try to find You see, for a State that I felt got on students. It uses the strength of the financing. kicked when we were already knocked FFELP program to say we are going to Senator KENNEDY has proposed in down, we moved from what was the make sure the competition that existed this bill a number of ways to create in- norm in 1950 to today jobs that are up to this point exists well into the fu- centives for specific individuals, and I being created that are in the next sec- ture. think in most cases this approach is tors of the economy we are just now

VerDate Aug 31 2005 02:29 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.021 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9543 creating. They demand and require a graph (D) is $3.9 billion; on theirs it is competing, which means they are mar- different level of educational pro- $2.8 billion. The point I am making is, keting. They are sending out informa- ficiency. Sure, if they do not have it, it is $4.2 billion less in student aid. tion. They are educating parents and they can fill out the application, but if That is the basic point. students. By the way, marketing is ex- they do not have the educational quali- Is there a question about the eco- tremely expensive. fications, they will never get invited nomic stability of primarily Sallie There is another piece to it, and it is for the interview. It does them no good. Mae? This chart may be difficult to called financial literacy, the challenge We are encouraging our colleagues see, but if you look at the bottom, every parent and student goes through today: make sure every student who right here on the bottom right are Sal- about what their responsibilities are. fills out the application for that job lie Mae’s own projections. All during What is the choice we are going to has the educational qualifications to be the 1990s, at the time we made some leave? Are we going to take away so invited for the interview because we modifications in giving the students much money that marketing and finan- have not diminished the tools they can more help, and Sallie Mae had always cial literacy are no longer a benefit, a use to pay for the education. indicated that they were going to have service, a tool that lenders provide? I There is a lot at stake. Clearly, this more and more trouble. If you look at guess some would suggest we do. Congress, this body, under the leader- the end here in the blue, this is their Mr. WHITEHOUSE. Will the Senator ship of the chairman and the ranking projections in terms of their revenues from North Carolina yield for a ques- member, have moved the ball well and profits going out to 2006. This is tion? down the road in the right direction— their document, not ours. They are Mr. BURR. In one second. Senator NELSON and I might say a lit- going to be financially secure in terms The solution, then, is that you let tle bit too far as it relates to the for- of the future. the Government entity, the direct to profit lenders. The debate really is, do we want to the student loan from the Government, I hope my colleagues will recognize do more for students or more for be the education source. We have a that. I hope they will keep focused on banks? long history. We don’t do that well. As the students and the parents, and if in The final point I will make is, if you a matter of fact, we don’t do it at all. the future we see that the spread can look at what the cuts are going to be, So our expectations that financial lit- be rolled even further, I am sure at this chart represents for every State eracy would exist or would improve that point in time we will find a wor- the effect of the Nelson-Burr amend- would not be the reality. thy investment we can make in stu- ment in reducing assistance for stu- I am happy to yield to my colleague. dents and in parents and in education. dents. My State is $59 million. The Mr. WHITEHOUSE. I wanted to fol- I yield the floor. State of the Senator from Rhode Island low up, if I may for a moment, on the The PRESIDING OFFICER. The Sen- is some $16 million. But for every State point raised by the distinguished Sen- ator from Massachusetts. in the country, this chart represents a ator from Massachusetts who has just Mr. KENNEDY. Mr. President, I ask reduction in student assistance. indicated that the effect of this amend- unanimous consent that the time until The economic and financial advisers ment on my home State of Rhode Is- 12 noon today be for debate with re- have indicated that these financial in- land would be $16 million less in stu- spect to the Nelson-Burr amendment, stitutions are going to have ample dent loans available for students. I ask with the time until then equally di- profits. My concern is whether we have the distinguished Senator from North vided and controlled in the usual form; done enough in terms of the students, Carolina if this is, in fact, correct? And with no amendment in order to the not have we done too little. That is if it is correct, where does that $16 mil- amendment prior to the vote; that the why I believe students will be best lion go that could otherwise be sup- vote with respect to the amendment served by resisting the Nelson-Burr porting higher education for students occur upon disposition of the Kennedy amendment. They will benefit the most in my State? amendment which is covered under a under our proposal. Mr. BURR. Let me respond to my previous unanimous consent agree- If we are going to say we will leave it colleague that what Senator KENNEDY ment; that there be 2 minutes of debate up to the appropriators, what are they displayed was a simple mathematical equally divided prior to the vote; and going to do? They make certain as- calculation. We raise $4 billion and a that the second and third votes be 10 sumptions that the appropriators are few in change less money out of the minutes in duration. going to appropriate more money and, system, and we believe that that is a The PRESIDING OFFICER. Without therefore, there really won’t be a loss. prudent thing to do based upon the un- objection, it is so ordered. If the appropriators appropriate more known as to whether that would reduce Mr. KENNEDY. Mr. President, Sen- money, it will go to the benefit under competition. So we have $4 billion less ator ENZI and I have 71⁄2 minutes? our proposal. So Pell grants will go up to work with. We have the same chal- The PRESIDING OFFICER. That is and students will benefit even further. lenge, and that is, how do you invest correct. We provide effectively $800 in terms of that in a way that families and stu- Mr. KENNEDY. I yield myself 5 min- Pell grants. They provide $500. dents feel the beneficial effects. I be- utes. I hope this amendment will not be lieve as you look at it and you say that First, I thank our friends, Senators agreed to. money is now in the system, I can also BURR and NELSON, for their interest in The PRESIDING OFFICER. Who point to the fact that the competition this issue. Senator BURR is a strong yields time? that exists in the FFELP program sav- member of our committee and much The Senator from North Carolina. ings, the entire program, is $6 billion a involved in educational issues. We al- Mr. BURR. Mr. President, one has to year. So if you eliminated it, the $4 bil- ways profit from his suggestions and look a little further at what you get lion savings, if it were to knock out all ideas, as well as Senator NELSON. As for the money. If you look at the non- the for-profits, you have lost it on the much as we profit generally, there are profit world and the for-profit world, competition that exists in that system times when we do not. This happens to they market student loans. They edu- and the lower prices, the elimination of be that one time. cate parents about what is available to origination fees, the discounts, set I have in my hand the pending legis- them. For any parent who has gone aside the fact that we do marketing lation, which is Kennedy-Enzi, and the through the process, one of the most and we do financial literacy programs Nelson-Burr amendment. All one has to difficult things is, when you look at that only the private sector seems to do is look on page 1 of both and they the pot of savings you have as you have be able to do. will see what the difference is. On Ken- seen college cost escalate, when you re- I reserve the remainder of my time. nedy-Enzi, paragraph (A) is $2.6 billion; alize what the cost is, you realize you Mr. WHITEHOUSE. If the Senator on Nelson-Burr, it is $1.6 billion. Para- don’t have enough. When the likelihood will yield for another question, does graph (B) is $3 billion on Kennedy-Enzi; is between grants and loans, you are that mean that there is, in fact, with $2 billion on Nelson-Burr. Paragraph going to have to do both. Where do you all of that said, still $16 million less (C) is $3 billion according to Kennedy- go? Part of the beauty of the system of available to Rhode Island students as a Enzi; $2 billion on Nelson-Burr. Para- a competitive private sector is they are result of this amendment?

VerDate Aug 31 2005 04:38 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.022 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9544 CONGRESSIONAL RECORD — SENATE July 19, 2007 Mr. BURR. I don’t know the calcula- Let me make this point: The fact The Senator from Alaska is recog- tions that Senator KENNEDY went that 80 percent of the students in this nized. through, but I have never found his country choose the FFELP program for Ms. MURKOWSKI. Mr. President, my charts to be incorrect. their student loan is a great indication amendment would change the amount Mr. WHITEHOUSE. I thank the Sen- of the value of this program, of the to be authorized and appropriated for ator for his courtesy. competition it provides but, more im- the College Access Partnership Grant The PRESIDING OFFICER. Who portantly, the savings that is apparent Program. It would change it from $25 yields time? that this program provides to parents million to $113 million for both fiscal The Senator from Massachusetts. and students. If the Government Direct year 2008 and 2009. Mr. KENNEDY. Mr. President, how Loan program, which is the default, a What the College Access Partnership much time remains? bureaucratic, Washington-driven, loan Grant Program does is make payments The PRESIDING OFFICER. The Sen- program is the default because we have available to States to assist them in ator from Massachusetts has 2 minutes calculated incorrectly, then only 20 carrying out specific activities relating 50 seconds. percent of the students are going to be to increasing college access for low-in- Mr. KENNEDY. Mr. President, the happy because that is all they are come students in the State. point raised is, with these kinds of choosing today. Eighty percent are Currently, about 64 percent of our cuts, will it somehow eliminate the going to be unhappy. higher income students who enroll in competition? CBO said we could actu- The question is, how do you influence college get a bachelor’s degree, while ally have a three-quarters of 1 percent their decision in their senior year in only 21 percent of our lower income cut and there would still be profit- high school about the need, the desire, students do so. The College Access ability in the system. We didn’t take and the ability to go on to higher edu- Partnership Grant Program is specifi- three-quarters of this. We have taken cation? cally designed to help States put to- 50 percent of one and 35 percent in the As I look at the pages sitting in front gether services and benefits that are other. We haven’t reached the three- of us, I understand it is them we are most likely to get more of their low-in- quarters. So under the CBO, there is talking about. For most of us in the come students to apply for, to be ac- going to be competition. If you take room, it is not about our kids because cepted by, and to, ultimately, succeed Sallie Mae’s own future projections, we have now aged out of that. The rein college. there is going to be competition. We ality is, we have a next generation for The amendment is paid for by the have included in this legislation some- which we are responsible to make sure $176 million in excess deficit reduction thing that is enormously important, a they have equal to, if not better, oppor- funds above those required by the trial program to have real competition tunities than we as parents had. This is budget resolution. out there to see who will compete for a time I am not willing to risk who is What we specifically provide for is the lowest possible additional pay- right. I am willing to say: Let’s be cau- outreach, information on financing op- ments and ensure that we are going to tious. Let’s stand on firm ground. In tions, on promoting financial literacy, get the benefits for the students rather this institution we have the ability to on assisting the students to have ac- than for the lenders. That would be use CBO for or against us. When it is cess to these very important programs. enormous. That would be real competi- advantageous, we mention it; when it I urge support of this amendment. tion. We are not there yet. We have a is not, we don’t. I realize that. But I The PRESIDING OFFICER (Mr. trial program in this legislation. Even hope Members will use what they know TESTER). The Senator from Massachu- under the administration’s own figures, and what they see. What you see with setts. we haven’t really threatened any of the this program is, 80 percent of the stu- Mr. KENNEDY. Mr. President, I potential lenders. dents and the parents choose it. They thank the good Senator from Alaska As the chart just showed, Sally Mae, have confidence in it. It brings real for her efforts for not only the State of the principal figure in this, is going to value. By the way, it saves a student Alaska but for all our States and for have ample profit over future years. I $3,000 over the life of the loan because the initiation she has provided for this hope every Member takes a look at the FFELP brings that level of competi- amendment. charts and recognizes what is going to tion. That is worth saving, and it is As she has quite correctly stated, one happen in terms of students in their worth preserving. of the great challenges is that we have particular States because under their I yield back the remainder of my many qualified students, but they do program, there will be important re- time. I don’t believe we have asked for not have the knowledge or support to ductions in terms of that assistance, the yeas and nays, so I ask for the yeas be able to find the educational opportu- particularly in the Pell Grant Pro- and nays. nities that are out there. There are gram. The PRESIDING OFFICER. Is there a nonprofit agencies in the respective Do I have any further time? sufficient second? States. This will help the States reach The PRESIDING OFFICER. The Sen- There appears to be a sufficient sec- out to various groups and individuals ator from Massachusetts has 45 second. in their State to assist them in finding onds. The Senator from Massachusetts. the path toward education—the provi- Mr. KENNEDY. As I understand now Mr. KENNEDY. Mr. President, I ask sions that are included in this legisla- we are going to have three votes. The unanimous consent it be in order to tion. last vote will be on the Nelson-Burr ask for the yeas and nays on all the This amendment is very much need- amendment. I believe I am correct. The other amendments. ed, and it will make an important dif- effect of that will be a reduction of The PRESIDING OFFICER. Is there ference. We have more than 400,000 stu- some $4 billion that is provided in stu- objection? dents now who are not in college who dent aid. I hope that amendment will Without objection, it is so ordered. are qualified to go. not be successful, and we will stay with Mr. KENNEDY. Mr. President, I ask The Senator’s amendment is a posi- the bipartisan recommendation that for the yeas and nays on those other tive one. I hope we will support it. came out of our committee with an amendments. The PRESIDING OFFICER. The overwhelmingly bipartisan majority. The PRESIDING OFFICER. Is there a question is on agreeing to amendment I yield back any remaining time. sufficient second on the remaining No. 2329. The PRESIDING OFFICER. The Sen- amendments? The yeas and nays have been ordered. ator from North Carolina has 3 minutes There appears to be a sufficient sec- The clerk will call the roll. remaining. ond. The legislative clerk called the roll. Mr. BURR. Mr. President, I will not The yeas and nays were ordered. Mr. DURBIN. I announce that the use the full time yielded back. I want AMENDMENT NO. 2329 Senator from Delaware (Mr. BIDEN) and to once again thank Senator KENNEDY The PRESIDING OFFICER. Under the Senator from South Dakota (Mr. and Senator ENZI for the leadership the previous order, there will now be 2 JOHNSON) are necessarily absent. they have shown on not just the rec- minutes for debate equally divided on Mr. LOTT. The following Senator is onciliation but hopefully on passage of amendment No. 2329 offered by the jun- necessarily absent: the Senator from a reauthorization of higher education. ior Senator from Alaska. Kansas (Mr. BROWNBACK).

VerDate Aug 31 2005 02:29 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.028 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9545 The PRESIDING OFFICER. Are there there is $40 billion of new spending, Who yields time? any other Senators in the Chamber de- that another $2.3 billion of deficit re- The Senator from Nebraska. siring to vote? duction which was supposed to occur Mr. NELSON of Nebraska. Mr. Presi- The result was announced—yeas 73, will be grabbed and also spent. This dent, I rise to urge support for the Nel- nays 24, as follows: makes no sense at all. We are supposed son-Burr amendment which is next in [Rollcall Vote No. 254 Leg.] to use reconciliation to reduce the rate line for voting. YEAS—73 of growth of Government, not to spend. In a time of mounting challenges for Akaka Durbin Nelson (FL) This is an attempt to increase the America’s middle-class families, I am Barrasso Enzi Nelson (NE) spending, which is already $40 billion in urging caution and moderation in cut- Baucus Feingold Obama the second 5 years, by another $2.3 bil- ting funding for the Federal Family Bayh Feinstein Pryor Education Loan Program which 8 out Bennett Grassley lion, which was supposed to go to def- Reed of 10—80 percent of the schools—rely on Bingaman Harkin Reid icit reduction. Boxer Hatch Roberts I hope people will vote against it. to serve their students’ financial needs. Brown Hutchison Rockefeller The Nelson-Burr amendment does Byrd Inouye The PRESIDING OFFICER. The Salazar preserve significant cuts of $15.65 bil- Cantwell Kennedy question is on agreeing to amendment Sanders Cardin Kerry No. 2330. lion to the student loan industry, but Carper Klobuchar Schumer it does so in a tempered and moderate Shelby The yeas and nays are ordered. Casey Kohl manner which bridges the desires of Clinton Landrieu Smith The clerk will call the roll. Cochran Lautenberg Snowe The assistant legislative clerk called Members on the one hand to increase Coleman Leahy Specter the roll. need-based aid for low-income families Collins Levin Stabenow Mr. DURBIN. I announce that the and on the other hand to avoid increas- Conrad Lieberman Stevens ing loan costs for millions of families Corker Lincoln Sununu Senator from South Dakota (Mr. JOHN- Cornyn McCaskill Tester SON) is necessarily absent. and doing irreparable, significant harm Craig McConnell Warner Mr. LOTT. The following Senators to the public-private FFELP program. Dodd Menendez Webb are necessarily absent: the Senator In addition, our amendment pre- Dole Mikulski Whitehouse serves the maximum Pell grant levels Domenici Murkowski Wyden from Kansas (Mr. BROWNBACK) and the Dorgan Murray Senator from Oklahoma (Mr. COBURN). established in the Higher Education Access Act. There is information that NAYS—24 The PRESIDING OFFICER. Are there says it is not doing it that way. That Alexander DeMint Lott any other Senators in the Chamber de- Allard Ensign Lugar siring to vote? information is incorrect. Bond Graham Martinez The result was announced—yeas 52, I thank the Chair. Bunning Gregg McCain The PRESIDING OFFICER. The Sen- nays 45, as follows: Burr Hagel Sessions ator from Massachusetts. Chambliss Inhofe Thune [Rollcall Vote No. 255 Leg.] Mr. KENNEDY. Mr. President, all Coburn Isakson Vitter YEAS—52 Crapo Kyl Voinovich you have to do is pick up the Nelson- Akaka Feingold Nelson (FL) Burr proposal and the one rec- NOT VOTING—3 Baucus Feinstein Obama ommended by the committee and you Biden Brownback Johnson Bayh Harkin Pryor Biden Inouye Reed will see that there is $4 billion in cuts. The amendment (No. 2329) was agreed Bingaman Kennedy Reid Those are benefits that are going to go to. Boxer Kerry Rockefeller to students. Brown Klobuchar AMENDMENT NO. 2330 Salazar The question is, Are my colleagues Byrd Kohl Sanders The PRESIDING OFFICER. Under Cantwell Landrieu going to support the students or are Schumer the previous order, there will now be 2 Cardin Lautenberg Snowe they going to support the banks? That Carper Leahy minutes of debate equally divided on Specter is the issue. That is the question. Casey Levin amendment No. 2330, offered by the Clinton Lieberman Stabenow Every State will see a reduction in the Senator from Massachusetts. Coleman Lincoln Tester funding for students under this pro- Mr. KENNEDY. Mr. President, could Collins McCaskill Webb posal. CBO has indicated, in evaluating Whitehouse we have order? Dodd Menendez our proposal, that the lenders, talking The PRESIDING OFFICER. Order, Dorgan Mikulski Wyden Durbin Murray about the industry, are going to have please. profits—I will include their report— NAYS—45 Mr. KENNEDY. Mr. President, as we large and small alike. This is a ques- know, under the budget, we considered Alexander Dole Martinez tion of whether we are going to support the legislation for 5 years, but the re- Allard Domenici McCain Barrasso Ensign McConnell the students who need that help, need sults of the recommendations that Bennett Enzi Murkowski that assistance who are the future of came out of our committee will carry Bond Graham Nelson (NE) our economy and of our national secu- Bunning Grassley Roberts on into the future. Obviously we will rity or whether we are going to support have a reauthorization and the Senate Burr Gregg Sessions Chambliss Hagel Shelby the banks. That is the issue. This is the will make whatever judgment, but in Cochran Hatch Smith time. the meantime, we are going to make Conrad Hutchison Stevens I hope this amendment will be de- sure that those resources in the future, Corker Inhofe Sununu Cornyn Isakson Thune feated. after the 5 years, are going to go to the Craig Kyl Vitter The PRESIDING OFFICER. All time benefit of students. Crapo Lott Voinovich has expired. The question is on agree- The PRESIDING OFFICER. The Sen- DeMint Lugar Warner ing to amendment No. 2337. The yeas ator from New Hampshire is recog- NOT VOTING—3 and nays have been ordered. The clerk nized. Brownback Coburn Johnson will call the roll. Mr. GREGG. Mr. President, this is a The bill clerk called the roll. The amendment (No. 2330) was agreed reconciliation bill. The purpose of rec- Mr. DURBIN. I announce that the to. onciliation is to not radically grow the Senator from South Dakota (Mr. JOHN- Mrs. MURRAY. I move to reconsider size of Government but to control the SON) is necessarily absent. size of Government. Under this bill, un- the vote, and I move to lay that mo- Mr. LOTT. The following Senators fortunately, the size of Government tion on the table. are necessarily absent: the Senator The motion to lay on the table was will grow by $19 billion. The actual sav- from Kansas (Mr. BROWNBACK) and the ings in the bill is now down to $750 mil- agreed to. Senator from New Hampshire (Mr. lion. So for every $1 of savings, there is AMENDMENT NO. 2337 SUNUNU). now $19 billion of new spending—new The PRESIDING OFFICER. Under The PRESIDING OFFICER (Mrs. spending. That is not the purpose of the previous order, there is now 2 min- MCCASKILL). Are there any other Sen- reconciliation. utes for debate equally divided on ators in the Chamber desiring to vote? What the Senator is suggesting now amendment No. 2337 offered by the Sen- The result was announced—yeas 35, is that in the second 5 years, when ator from Nebraska, Mr. NELSON. nays 62, as follows:

VerDate Aug 31 2005 04:38 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.001 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9546 CONGRESSIONAL RECORD — SENATE July 19, 2007 [Rollcall Vote No. 256 Leg.] Affordability of higher education is a this legislation, to me, is one of the YEAS—35 critically important issue affecting most important that we will be consid- Alexander Crapo Martinez families throughout our Nation. In ering during this term in Congress. Allard DeMint McCain 1965, we made a commitment in the Fifteen years ago, about half the stu- Barrasso Dole McConnell Higher Education Act that every fam- dents in colleges took out loans. Bennett Ensign Nelson (NE) Bunning Graham Roberts ily—every family in this country— Today, that number is over two-thirds. Burr Hagel Sessions should be able to send their children to The average debt for a college graduate Chambliss Hatch Shelby college and that the financial consider- is $19,000. We have a chance to do some- Coburn Hutchison Thune Cochran Inhofe ations should not prevent a family thing about it in this legislation. Vitter Corker Isakson from allowing their children to get the I might point out to my colleagues Voinovich Cornyn Kyl NOWE Warner benefits of higher education in Amer- that, along with Senator S , I have Craig Lott ica. We enacted the Pell grants, which introduced the Master Teachers Act of NAYS—62 was a huge program at the time, open- 2007, which provides a Federal tax in- Akaka Enzi Murkowski ing opportunities to many families who centive for teachers who go into ca- Baucus Feingold Murray had never had it before. reers to help underserved areas, such as Bayh Feinstein Nelson (FL) Over the last 20 years, we have seen a our rural areas and those areas where Biden Grassley Obama Bingaman Gregg Pryor considerable erosion of the afford- the schools are not meeting the expec- Bond Harkin Reed ability of higher education to families tations of No Child Left Behind—high Boxer Inouye Reid in the United States. In the last 20 poverty areas. That is an important Brown Kennedy Rockefeller Byrd Kerry years, college costs have increased bill that will help. Salazar Cantwell Klobuchar threefold. Yet the buying power of Pell But we have an opportunity in this Sanders Cardin Kohl Schumer grants has actually declined during the legislation to make a major difference Carper Landrieu in the affordability of higher edu- Casey Lautenberg Smith past 20 years. Madam President, 20 Clinton Leahy Snowe years ago, 55 percent of the cost of a cation. I was proud to be a part of the Coleman Levin Specter public 4-year college could have been Budget Committee, and I congratulate Collins Lieberman Stabenow financed through Pell grants. Today, it the leadership of our Budget Com- Conrad Lincoln Stevens Dodd Lugar Tester is less than one-third. It is estimated mittee, Senator CONRAD, for finding a Domenici McCaskill Webb that 400,000—400,000—children in our way in which we could consider this Dorgan Menendez Whitehouse country each year see the doors of legislation and to say that our priority Durbin Mikulski Wyden higher education barred to them be- is in higher education and making NOT VOTING—3 cause they just can’t afford to pay the quality higher education affordable to Brownback Johnson Sununu tuition and costs of going to a postsec- American families. The amendment (No. 2337) was re- ondary school. This is important to our Senator KENNEDY and Senator ENZI jected. country. have taken up that charge in bipartisan legislation that we have before CHANGE OF VOTE When I graduated from college, 15 The PRESIDING OFFICER. The Sen- percent of the new jobs required some us. It clearly moves us in the right di- ator from New Mexico. form of postsecondary education. rection to help families in this country Mr. DOMENICI. Madam President, I Today, that number is in excess of 60 and to help our Nation become more was recorded as a ‘‘yea’’ on the pre- percent. This is important for the indi- competitive. vious vote. I meant to be recorded as vidual, in order to benefit from the op- This legislation provides $17 billion ‘‘nay.’’ I ask unanimous consent that I portunities of America, but it is impor- of additional college aid to students, be recorded as a ‘‘nay.’’ This would not tant for our country. If we are going to the biggest increase since the GI bill. affect the outcome of the vote. be competitive internationally, we Pell grants that currently max out at a The PRESIDING OFFICER. Without need to have an educated workforce. So little over $4,300 will be increased to objection, it is so ordered. this is a public investment. It is not $5,100. It also increases income levels, (The foregoing tally vote has been just for the individual. It benefits our making more students qualified to re- changed to reflect the above order.) Nation by allowing it to continue to ceive Pell grants, and caps the monthly Mr. KENNEDY. Madam President, I grow economically so that our stand- loan payment at 15 percent of discre- see my friend from Maryland here who ard of living can increase. tionary income. wishes to address us, and I hope our The cost of higher education can de- This is a huge improvement on af- Members will pay close attention. termine what school an individual will fordability for families. College grad- We have been making important attend because the cost affects many uates now know they will be able to progress during this last hour or so on families who may say: Gee, I know you work after they graduate and can go some very important amendments, and could benefit from going to this par- into careers they want to go into, we are grateful for the interest and the ticular college or university, but we knowing there will be a limit as to how involvement of all our colleagues. We just can’t afford it, so we will try this much they have to repay on an annual have a number of our colleagues who college or university. That second basis from their discretionary income wish to address the Senate on this edu- choice may work and it may not. on their college loans. That is a major cation legislation. We will hear from The cost of higher education also af- policy statement we are making, that several of them at this time. fects the careers that graduates choose we want college graduates to go into We are very grateful for all of the because they have these huge loans fields where they can best contribute support the Senator from Maryland has they have to repay. We have students to our society. given, and I yield such time as he who would like to become teachers or It does a lot more. It protects work- might want on the legislation. would like to become nurses or go into ing students. They are not penalized The PRESIDING OFFICER. The Sen- law enforcement or some other field because they are working. That is an ator from Maryland. they feel a talent for or are committed important policy. It encourages public Mr. CARDIN. Madam President, I to, but they take a look at their col- service, with a loan forgiveness pro- also thank Senator KENNEDY and Sen- lege loans and they have to opt out in gram for those who go into public serv- ator ENZI for their extraordinary lead- order to repay those loans. So we lose ice and commit to a 10-year require- ership in bringing forward the Higher out on the creativity of those college ment. I think that, again, is a policy Education Access Act. I think this is graduates. that is important for our country—to one of the most important bits of legis- Finally, the cost of higher education say, yes, we do want young people to go lation that we will be considering dur- may also affect when a graduate starts into public service. ing this term of Congress. To me, it a family or whether he or she can buy It is fiscally responsible. There are speaks to one of the highest priorities a home. offsets to make sure we are not adding of our country, and that is making edu- This financial burden truly has af- to the deficit. It holds colleges ac- cation—quality education—available fected much of this Nation—the type of countable. If the cost of a college ex- to all of our families. country that we are—and that is why ceeds its peers’, there are ways the

VerDate Aug 31 2005 02:29 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.003 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9547 public can put on pressure to keep col- climb. But the Pell grant is a ladder. If ginning to appreciate how expensive it lege costs down. you work hard and succeed and go to is to receive a higher education—trag- This bill is very important. It helps college, it will be easier for you to go ically, I point out—and what a higher families in Maryland. This bill will despite the high cost of tuition. education can mean to more and more provide $32 million in new grants next This aid and improvements to the Americans—the quality of life, indi- year to families in my State of Mary- loan programs are critical. In fact, the vidual success of our citizenry, but also land, and, over the 5-year period, $273 typical student now graduates with the collective health of our country as million in new grants. $17,000 in Federal student loan debt. well when we have a well-educated pop- For the historically Black colleges That is a mountain of debt for a work- ulation. and universities, it will provide $5 mil- ing adult, which is becoming increas- I have often quoted the statistic lion in new grants next year, and $40 ingly difficult to avoid. It is undeniable made by Thomas Jefferson more than million in new grants over the 5 years that sustaining a talented, college-edu- 200 years ago that: of this legislation. cated workforce is essential to our suc- Any nation that expects to be ignorant and The bottom line: More families in cess in a global economy. College edu- free expects what never was and never can Maryland are going to be able to afford cation has become almost a necessity be. to send their children to college. More in the world our young people are fac- Certainly as we enter this 21st cen- children will be able to go to their first ing, and yet it is priced as a luxury. tury of global competitiveness, the preference, as far as the school they Yet, since 2001, tuition and fees at 4- children of my State are not just com- want to attend, which college or uni- year public colleges and universities peting with the children of Missouri, versity, and will not be prohibited be- have risen 41 percent. That is after in- the home State of the Presiding Offi- cause of the costs. There will be more flation. cer, but also competing, obviously, opportunities for so many families that Families in New York are certainly with children from all over the world, have been left out of the American struggling with education costs. Even from Beijing, Johannesburg, Moscow, dream in my State of Maryland and after financial aid is taken into ac- New Delhi—everywhere. This is going more Marylanders will be able to count, 33 percent of the median family to be a very different world for children choose the type of career where they income in New York is needed to pay growing up in the 21st century. The ex- can best add to their own self-fulfill- for just 1 year of a 4-year public col- tent we provide them with the tools ment and to help our community. lege. The Federal student loan pro- and preparation necessary to compete This is an important bill. To me it grams are a critical resource for Amer- and succeed under these cir- speaks to the priorities of what this ica’s students. Parents deserve a pat on cumstances—very different from what Nation should stand for. I am proud to their back when kids graduate from most of us have grown up with—is urge my colleagues to support this leg- college, not bills and repayments that going to be extremely important, and islation. may break them. the work this body does in the coming I yield the floor. Families trying to afford a college days is extremely important. The PRESIDING OFFICER. The Sen- education need our help, whether they I believe the National Science Foun- ator from New York. be poor, working families, or families dation reported that the abrupt Mr. SCHUMER. Madam President, I well into the middle class. That is why changes that will come in this country wish to first recognize my friend, the I was proud to author a law that allows will be staggering if we don’t do a bet- Senator from Massachusetts, the sen- students to deduct $4,000 from their ter job in preparing ourselves for the ior Senator from Massachusetts, on his tuition. That is why I am proud to be educational challenges that we will efforts to produce this fine bill before a supporter of this legislation, which face in the 21st century. The cost of a us today. His efforts to improve higher helps students—poor students—with in- college education obviously is a major education affordability and his willing- creased Pell grants, significantly in- factor here. It is vital for children and ness to make tough reforms in student creased Pell grants, but also those who families and for America’s long-term lending are going to make a major dif- take out Stafford loans. We limit how success. According to recent statistics, ference to America’s students. much they have to pay back to 15 per- to put it in graphic terms, a person One area in which this bill particu- cent of their disposable income. That with a higher education, a college edu- larly excels is Pell grants. Pell, as we will dramatically help those kids. cation, their earning power jumps by all know, is an important program. I Democrats have said we are going to almost $1 million. Not that this ought have long supported it. I commend my take America in a new direction. We to be the sole criterion whether some- colleagues for making such a meaning- said we are committed to strength- one gets a higher education, but the ful investment in the Pell grant pro- ening America’s middle class. This bill earning power of an individual is sub- gram. does both of those things, and I am stantially enhanced. There are other, We all know, whether you are middle happy to support it. more important issues than earning class or poor, going to college these I yield the floor and suggest the ab- power, but certainly the issues of indi- days is a necessity almost. Yet it is sence of a quorum. viduals being able to do better, provide harder and harder to afford it. This bill The PRESIDING OFFICER. The for the long-term financial security of takes care of both the poor and the clerk will call the roll. themselves and families is critically middle class in a variety of ways, and The legislative clerk proceeded to important. But there are issues that go makes it easier to go to college. That call the roll. beyond how much money you make makes it better for the students and Mr. DODD. Mr. President, I ask unan- that have to do with an education. We the prospective students who will be imous consent the order for the have to support the institution we em- helped. That will make it better for quorum call be rescinded. brace as Americans, as Jefferson was their families. It will also make it bet- The PRESIDING OFFICER. Without suggesting back in the beginning of the ter for America. objection, it is so ordered. 19th century. I would argue even more The Pell grant program is a critical Mr. DODD. Madam President, I ask importantly, the subtleties of a Bill of resource for financially needy college unanimous consent that I may be Rights will depend upon a population students. In the 2005–2006 academic yielded time off the bill to speak. that embraces them, understands year, 5.3 million of the Nation’s under- The PRESIDING OFFICER. Without them, is willing to do everything they graduates received Pell grants. It objection, it is so ordered. can to protect them so future genera- makes an enormous difference to stu- Mr. DODD. Madam President, I begin tions will enjoy the benefits of our dents whose family incomes are very by commending our leading sponsors form of governance as well. limited. Most have incomes of less than and managers of this legislation, Sen- Today’s tuition levels are one of the $20,000; over 1 million in New York ator KENNEDY and Senator ENZI, for the great barriers to people going on to alone. One of the great things about leadership they provided in working on higher education. I was stunned to America is that we provide ladders up. this important legislation. It is espe- learn, even in the last 2 months, the We are not going to give you an esca- cially important to most American number of people in our country who lator. You are going to have to work to families, because all of us now are be- completed high school, were accepted

VerDate Aug 31 2005 02:29 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.035 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9548 CONGRESSIONAL RECORD — SENATE July 19, 2007 for higher education and did not go be- lies. There are a number of key provi- This year alone, it is estimated that cause of financial barriers. I am told sions in this bill which accomplish 400,000 high school graduates who are the numbers hover around 400,000 those goals. For example, the bill caps prepared and ready to go to a 4-year young people in this country. That is a the borrower’s monthly loan payments college will be unable to go because deeply troubling statistic. If we have as at 15 percent of discretionary income. their families cannot afford it. While I many as 400,000 people in our country While payments are still costly at 15 continue to advocate for even greater who cannot afford to go on to higher percent, this is a major achievement. increases in the Pell grant, I commend education despite having done every- This cap, if you will, will make re- my colleagues for taking the first steps thing else well, then America truly will payment more manageable and bor- in getting us back to the 80-percent be paying a price in no time. rowers will be less likely to default on tuition coverage we achieved in 1975. I The average cost of attending a pub- their loans, which ought to be impor- am pleased that Senators KENNEDY and lic university is roughly $13,000. The tant for the lending institutions. ENZI are doing that. average cost of attending a private uni- This bill will also increase the auto Until we reach the goal of 80 percent versity stands at $30,000. That is the zero threshold, as they call it, to allow of students’ tuition being covered by average. I know people here can cite additional low-income families to auto- Pell grants and other forms of Federal numbers and statistics that make that matically claim zero expected family aid, many students will be forced to $13,000 on average seem small and the contributions when filling out financial turn to private and direct consumer $30,000 on average per annum seem aid forms. This change will allow stu- and student loans, which are also not small. dents of these families to be eligible for guaranteed by the Federal Government But just think of that, $30,000, for one increased Pell grants. and are not subject to loan limits. individual to attend 1 year of higher Too often what we have done with In fact, the market for private stu- education; even at a public institution, the Pell grants is consider these other dent loans has grown significantly and it costs around $13,000. Then consider factors, such as expected family con- is now the fastest growing segment of where the average family is in their in- tribution. It drives a student out of the the $85 billion student loan industry, as come, and whether they have more Pell grant qualifications when, frank- traditional sources of student aid have than one child and other obligations, ly, what the family has to contribute is failed to keep pace, with both the tre- obviously, as they try to prepare for so little that it would amount to al- mendous demand and the cost of higher their own long-term financial security; most nothing, and yet would disqualify education. not worry about health care costs, in- them from receiving the Pell grant The underwriting for private loans is cluding rising premium costs, if they funding they need. similar to that used for other forms of have health insurance. Additionally, Furthermore, we have raised the cap consumer credit. This means student the mortgage payments on their home on economic hardship deferments from borrowers, who usually have little or with adjustable rate mortgages, all of 3 years to 6 years to ensure that stu- no credit history, poor credit scores, or those factors crowding in as families dents are not finally crushed in times no parental cosigner, or whose parents try to do everything possible to see to of financial difficulty. have poor credit histories, will typi- it that their children can have the ben- We have also strengthened our com- cally pay higher rates than those with efit of a higher education. mitment to those who provide high- good credit histories and those with pa- How many families have planned and quality childcare services as well as all rental consigners with good credit. spent years and years watching their other public service employees by of- In many regards, this model runs children mature and grow, with the full fering them further opportunities for counter to the longstanding Federal expectation of all the admonitions: loan forgiveness. purpose of student aid, which is tar- Work hard, do your homework, get in- One of the items contained in this geting low-cost financial assistance to volved in things, learn as much as you bill that I am most happy about is the students with the greatest needs and can, pay attention, and all of that. increase in the Pell grant. I have been those from the humblest of back- Then, arriving at the moment, where involved in this for many years. It has grounds, one of the great success sto- they do everything they are supposed been terribly frustrating over the last ries of our country. to have done, they say now we want to 6, 7, 8 years to watch how little this ad- We have heard the anecdote repeated send you on to college, but we cannot ministration is willing to support even hundreds and hundreds if not thou- afford to do so. Or the loans are so ex- modest increases to the Pell Grant sands of times of what a difference a pensive that you will be left with such Program in our country. college education has made throughout debt that the benefits of getting a The Pell grant in this bill will be history. We have tried desperately to higher education seem daunting, to put raised to $5,100, in 2008 and up to $5,400 make sure that no one in this country it mildly. by the year 2012. Frankly, that is pal- would be deprived of the opportunity of So imagine how daunting these levels try. Candidly, I wish it were much a higher education because they or are to a single parent or a family higher, especially considering what a their family lacked the financial re- struggling on a minimum wage, for in- Pell grant used to provide only a few sources to do it. stance. You can even forget about it at short years ago toward the cost of a If you had the drive, the ambition, minimum wage. Clearly, we must do public education. The grant used to the determination to get a higher edu- more to ensure that skyrocketing tui- cover 80 percent of the average tuition, cation, America stood ready to see to tion does not put out of reach the fees, room and board at a public uni- it that this pathway was available to dream and the ability of obtaining a versity. you. It has only been in the last few higher education. Today the Pell grant covers 29 per- years that we have allowed a situation That is why this bill is so important, cent. So even with a Pell grant you are to develop where too often those young maybe one of the most important bills. still looking at having to come up with people and those families are being We have had long debates on immigra- roughly 70 percent of the additional told: Because you are in those cir- tion, long debates on Iraq, all very im- costs of that higher education when cumstances, you are not going to be portant issues. But the long-term ef- you take all of these factors together. able to get that higher education that fects of what we do on this legislation As a result, low- to middle-income you need and you deserve. may have more to do with the well- students who attend college are forced As I mentioned a moment ago, 400,000 being of our country than almost any- to finance their education with an young people who will not go on to 4- thing else in the coming days and ever-increasing percentage of loans, in- year colleges, at a time when we enter weeks. cluding private loans. This increase in a global marketplace, where we need to This bill will help us move toward a the debt burden of students, in some have the best prepared generation society where equal opportunity for all cases, keeps them from going to col- America has ever produced, we seem to is more than just high-blown rhetoric. lege at all. As I mentioned the numbers be heading in the wrong direction. We hear too often in public speeches earlier, somewhere close to 400,000 stu- This bill reverses that trend. Again, I about doing something to make a dif- dents are not going on to higher edu- commend my colleagues, Senator KEN- ference in the lives of working fami- cation because of financial burdens. NEDY particularly, and Senator ENZI,

VerDate Aug 31 2005 02:29 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.036 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9549 for their work in reversing this trend enue sharing and co-branding that necticut is one of those institutions line. I hope it is the beginning of sev- present conflicts of interest by pro- that provides incredible opportunities eral steps that we take in the coming viding student borrowers with better, for young people all across the Nation, years. more timely disclosure information so again understanding the value of edu- I am further alarmed by reports un- that students understand the rates, the cation to our country. covered by the Congressional and State terms, and the conditions of the loans So in the 18th and the 19th centuries, investigators which detail aggressive they are going to receive. and then of course in the 20th century, and questionable private loan mar- We must work to make sure that pri- we saw, even before World War II was keting practices and other unseemly vate student lending practices are concluded, the Congress of the United industry practices, ranging from con- transparent so the public can be con- States passed the GI bill, which pro- flicts of interest to kickback schemes fident that students and families are vided, of course, a whole generation of to consumer fraud. obtaining the most competitive and af- service men and women coming back I want to particularly commend An- fordable student loans with the fairest from that war the ability to get an drew Cuomo, the attorney general of terms. educational opportunity. the State of New York, who has taken I plan on working with my friend and That investment in the GI bill has a leadership role in this nationally, in colleague, Senator SHELBY of Alabama, been repaid to the U.S. Government uncovering some of these schemes and who is the ranking member of the Sen- tenfold because of the earning power of kickbacks and other financial activi- ate Banking Committee, and all mem- the individuals who went through the ties that have put these loans at even bers of that committee for that matter, GI bill who were able to improve their higher costs to students. on this bill. We are in the process of economic opportunity. The resources I was pleased we had him testify be- doing that now. I would say under the they paid back into our country have dwarfed the cost of that legislation. fore the Banking Committee only a few circumstances that this bill is coming weeks ago to talk about this and the Today we do not even think about up, we would be prohibited, under Sen- legislation like that, given the cost, re- steps that we will be taking to try to ate rules, from raising that issue on correct some of those matters at the grettably, I might add, because when this particular vehicle. you consider that 400,000—think of appropriate time. I do not in any way suggest that I also was troubled by issues uncov- that, 400,000 of our young people in this what they are doing is not the right country today are not going to go on to ered at a hearing that I just mentioned thing to be doing, it is the right thing in the Senate Banking Committee that a higher education because of cost. to be doing, but our bill that deals spe- That is, 400,000 young people who did suggests some lenders may be using as cifically with student financing and part of their loan underwriting criteria everything they were asked to do, I lending institutions will be presented subjective rankings of academic insti- presume, having been accepted on to at an appropriate time, possibly when tutions, and demographic information higher education—will not get that the full higher education bill is before about the students who attend these chance because we do not have the re- us—but we are determined on a bipar- schools who, that be discriminatory sources or the will to come up with a tisan basis to address some of these and disparately impact the quality and system to make that possible. issues, if not all of them, that I have type of loans made available to stu- We talk about being a major compet- raised briefly this afternoon. dents based on their race and socio- itor nation in the 21st century. I prom- Indeed, this bill before us provides all economic background, in effect red-lin- ise you, our major competitors around students with the tools that make it ing, where they are taking entire insti- the world are not making that mis- possible to access and afford a postsec- tutions, based on some data and so take. They will create the opportuni- ondary education. If we are serious forth they collect to deny individual ties for their young people to get that about leaving no child behind, as I students within those institutions the education. This bill is a major step to know all of us are as a nation, then we lower cost access to financial support. reverse that trend in our country. That amounts to red-lining, as we must reinvigorate our commitment to There are other things we need to do, saw in housing issues only a few years higher education, to ensure that stu- such as a proposal regarding private lenders that we will be offering shortly. ago. If that is the case, and we believe dents have access to a higher edu- I wish I could offer it today but, it it may be, we will be taking steps to cation, to a college education. would be subject to at least two points correct that as well. Students seeking If America is to remain the land of of order. So it would require a 60-vote to finance the cost of a higher edu- opportunity that all of us want it to be, margin to deal with it. We probably cation should have access to the most then we must ensure that college is don’t have a number of Members will- competitive and affordable loans avail- available to all of our citizenry. I hope ing to go that far, I regret to say that. able through private student loan mar- my colleagues will join me in sup- So I will wait for another opportunity kets, with appropriate consideration porting this long overdue legislation. in the coming weeks to do so. I will do given to the credit worthiness of the I often cite the fact that in our Na- tion’s history, it has always been a that with Senator SHELBY as we work student and any cosigner, without re- on this together. gard to the type of institution that stu- stunning commentary about our country, as it has evolved and matured over But my hope is, shortly we will have dent chooses to attend. an opportunity to present legislation Students should have full and timely the years, that one of the very first bills that ever passed the United States that will close up some of these abusive access to all of the information they practices that have contributed to ris- need regarding the terms and condi- Congress in the 18th century, in the early 1790s, was the Northwest Ord- ing costs and depriving families and tions of private student loans in order their children of having the best pos- to make a well-informed decision re- nance. My colleague from Colorado probably is more familiar than I, given sible arrangements for the student garding the financing of their edu- loans they need to get a higher educational needs. he represents a State in the far West, but the whole idea being to set aside cation. Given the growth of this market and I yield the floor, and I suggest the ab- land for educational purposes. its enormous impact on the edu- sence of a quorum. cational and economic future of stu- The Morrill Act, which was adopted The PRESIDING OFFICER (Mr. in the mid-1860s—in fact, right in the dent borrowers, I view it as imperative SALAZAR). The clerk will call the roll. that we address these issues as part of middle of the Civil War, Senator Mor- The assistant legislative clerk pro- the consideration of the reauthoriza- rill of Vermont offered legislation to ceeded to call the roll. tion of the Higher Education Act. We create land grant colleges. So even in Mr. WHITEHOUSE. I ask unanimous should ensure that the market is well the midst of this great contest to de- consent that the order for the quorum regulated and accessible and affordable termine whether we would remain one call be rescinded. as an alternative source of higher edu- Nation, one Union, the Congress of the The PRESIDING OFFICER. Without cation funding for those who need the United States, under the leadership of objection, it is so ordered. loans in our country. Abraham Lincoln and Senator Morrill Mr. WHITEHOUSE. Mr. President, We can do that, in my view, by proof Vermont, fought to create land many years ago, President Lyndon B. hibiting industry practices like rev- grant colleges. The University of Con- Johnson said:

VerDate Aug 31 2005 02:29 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.038 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9550 CONGRESSIONAL RECORD — SENATE July 19, 2007 We have entered an age in which education Each spring, high school seniors in on by Senator Pell’s direct successor in is not just a luxury permitting some men an Rhode Island and across the country this Chamber, my friend, Senator JACK advantage over others. It has become a ne- wait anxiously for acceptance letters REED, a champion of higher education cessity without which a person is defenseless access and affordability. I admire his in this complex, industrialized society. We from the colleges of their choice. I have truly entered the century of the edu- have been through this experience re- work to provide more Pell grant aid for cated man. cently with my daughter and all of her students who need it the most—those Those are important words to ponder classmates. But for many American who work and those whose family in- as we consider the legislation now be- families, almost as important as those come is under $30,000. We see in this Chamber and across fore the Senate. I thank Senators KEN- letters from the admissions office are the country every day—every year in NEDY and ENZI for their extraordinary the letters from the financial aid of- leadership on this issue as well as so fice. I have heard from so many fami- September when a new group of stu- many others, and for the opportunity I lies in Rhode Island who look ahead to dents go off to college—the tremendous have to speak today. the day when their children will go off influence the work of Senator Pell has I am here to talk about an initiative to college and seize their bright fu- had on the fabric of our Nation and on that revolutionized higher education in tures, but wonder how they will ever be the lives of the millions of young America, and that is the Pell grant. In- able to afford it without some form of Americans who have used Pell grants side this desk at which I stand are the financial aid, either from the institu- to make their dream of higher edu- names of Senators who have occupied tion itself or from the Federal Govern- cation a reality. it before me. I can actually open this ment. I applaud this important legislation. drawer, take out the stuff in the draw- As the cost of higher education soars Senator KENNEDY and Senator ENZI er, and in the drawer I can see the higher, up 35 percent in 5 years, stu- have worked hard together in a won- names of Senators who have gone be- dents and parents face ever more dif- derful bipartisan spirit to put together fore me at the bottom. Here is John O. ficult financial choices. Many go into legislation that will advance the Pastore of Rhode Island, who served debt, not only through Federal student strength of our country and the oppor- with great distinction and was my last loan programs, but increasingly to pri- tunity for our young people. This is a Democratic predecessor in the Senate. vate lenders. Many shoulder enormous vital step and an important investment It is hard to see because he was not a burdens of debt that can stay with we must make in the future of Amer- proud man and wouldn’t write it in them throughout their lives. When ica’s young people. I yield the floor. that high school senior receives a Pell great big letters, but I can see, very The PRESIDING OFFICER. The Sen- carefully written, ‘‘Pell, RI,’’ Senator grant, money that does not have to be ator from Illinois. Pell of Rhode Island. It is a remarkable paid back, the dream of college be- Mr. DURBIN. I ask my friend from thing for me to be here in this context comes more of a reality. Rhode Island to take note of the fact because Senator Claiborne Pell and his Since the Pell grant program began, that we are conscious of Senator Pell’s wife Nuala have long been cherished these grants have been a critical form great contributions to America. The friends. Senator Pell is both a mentor of Federal aid that has helped literally Pell grants have helped a lot of young to me and a constant reminder of the millions of young people across this people in unfortunate circumstances positive impact an individual person country achieve a level of education have a chance to succeed in life. It is a can have through public service. that was previously out of their reach. wonderful legacy. I know you see him I am so glad the Senator SALAZAR Unfortunately, Pell grants now rep- from time to time, and I hope you will from Colorado is presiding at this par- resent only 33 percent, one-third, of the tell him we haven’t forgotten the great ticular moment because I wish to de- total cost of a 4-year public university. contribution he made to this Nation. scribe to everyone a remarkable event Twenty years ago, a Pell grant would Mr. WHITEHOUSE. I will be sure to that I was privileged to witness a few have paid 60 percent of that cost. do that. years ago. I was at an event in Rhode As higher education for Americans Mr. DURBIN. I stand here today be- Island with a number of Senators, in- has become more and more important, cause of a number of things. I am for- cluding the Senator SALAZAR. During not just to their individual opportuni- tunate to have a good family, friends, that event, Senator Pell came to the ties but also to our national economy and role models, fortunate to have tent we were all under in his wheel- and competitiveness—remember the good luck in politics, and fortunate chair. As many of our colleagues know, words of Lyndon Johnson so many that in 1957, the Soviets launched a he habitually uses a wheelchair now. years ago: ‘‘We have truly entered the satellite. It is one of the reasons I am The group became very quiet as he en- century of the educated man’’—we need standing here. The satellite was known tered out of the respect we in Rhode Is- education to compete. Through that as Sputnik. Sputnik was the first sat- land have for this great and dedicated time Pell grants have actually lost ellite launched into outer space, and public servant. The Senator from Colo- value versus the actual cost of college. the United States, which thought it rado, Mr. SALAZAR, went over to Sen- But the support for low-income stu- was the most powerful Nation in the ator Pell, took his hand and shook it dents through the Pell grants has slid world, stepped back on its heels, and told him: I would not have been away over the years, until it is now couldn’t believe it: the Soviets had able to attend college if it had not been only 33 percent of the cost of a public launched a satellite, and we knew they for the support of the Pell grant pro- university. So we must recommit our- had nuclear weapons. A panic spread gram. Now, I am standing here before selves to making college affordable to across Washington, DC, and the Na- you today, a United States Senator, all students. tion: The Soviets are winning the space thanks to the vision and foresight you The Promise grants created by the race; they could conquer the United showed years ago, your vision that Higher Education Access Act will guar- States; if they can find a way to put every American should be able to get a antee that students who qualify for the that nuclear weapon into a satellite, college education. maximum Pell grant will receive $5,100 we could never knock it down. It was an unforgettable moment for the 2008–2009 academic year and What did Congress do? It did some- then; it gives me goosebumps to re- $5,400 by 2011. For us in Rhode Island, thing that was breathtaking and un- count it now. It happened because Sen- this will mean $10 million in additional precedented. It decided the best way to ator Pell understood the difference grant funds for Rhode Island students fight the Soviets was to make sure we that higher education could make in next year and, over the next 5 years, had a force that could equal the Sovi- the lives of America’s young people— $86 million. It will also expand family ets, not just a military force—we al- from the KEN SALAZAR, who now serves access to Pell grants, better reflecting ways had a great military—but a force with such distinction in this great in- today’s economic realities. of private citizens with the training stitution, to those who will seize the Senator Pell is part of a strong tradi- and knowledge to compete with the So- opportunities of America in the dec- tion of Rhode Island Senators who have viet Union and every other country ades to come. committed themselves to making high- that might be our enemy in the future. Today, the program that bears Sen- er education accessible to all Ameri- There was an obscure Congressman ator Pell’s name is in our hands. cans. This tradition is proudly carried who came up with an idea: Why doesn’t

VerDate Aug 31 2005 02:29 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.040 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9551 the Federal Government loan money to nancial assistance, they will have to us today is a bill which will dramati- college students? Nobody thought of borrow some money. Borrowing that cally change the kinds of student loans that before. It was radical. Some said money, heaping up that debt, means as which will be available and student as- it was too big, the Government was they graduate they have a burden they sistance available to students across getting too involved. But he prevailed never anticipated—not the burden I America. I think it is long overdue. We in the fear and the climate in the post- faced back in 1969 but a much greater need to make certain we have money Sputnik era. burden today for the cost of higher available for young people to go to So they created something called the education. school, under terms where they can af- National Defense Education Act. It was Then the scene changed. We went ford to repay. That is part of this bill— in place in the early 1960s. The Na- from the National Defense Education a big part of this bill. tional Defense Education Act said to Act—a Government program with a The average student in America America’s high school graduates: Go to fixed rate of interest—and decided: today is graduating with nearly $20,000 college. Get educated. We need you in Well, let’s let the private sector get in debt. In many places, that is more America for our future, for our defense. into this. And they did. First, we had than a downpayment on a home. So Well, there were a number of young an organization called Sally Mae, how do we expect our kids to prosper if people who heard that message, and I which was created as kind of a quasi- they spend the next 10 to 20 years was one of them. So I borrowed money Government operation, which was digging out of a financial hole? through the National Defense Edu- going to be a transition between the The Pell grants, which Senator cation Act to go to college and law private sector and public sector. Well, WHITEHOUSE just referred to, are basi- school, at a time when I could never over the years, Sally Mae evolved into cally scholarships given to the lowest have afforded to do it otherwise. The a completely private corporation. It is income students. It is the right thing terms were very reasonable. Under the now one of if not the largest student to do to give these kids a fighting terms of the National Defense Edu- loan lender in America. It is also one of chance. Until the changes offered in cation Act, you borrowed money the most profitable businesses on the this bill we are considering today, the throughout your academic career, and New York Stock Exchange. Think of it. maximum Pell grant did not change for then, 1 year after graduation, you had This lender, loaning money to our chil- 5 years. What happened to the cost of to start paying it back. So they gave dren and the next generation of Ameri- college education in 5 years? It went you a year to get back on your feet. cans, is flush with cash. They are mak- up. So students trying to make up the The interest rate was capped at 3 per- ing a lot of money. They are doing it, difference had to borrow more money. cent. Think about that. So I paid it quite honestly, at the expense of these Interest rates on a program called back over 10 years, even though when I kids. A lot of these young people sign the Stafford loans went up last year. In graduated I did not think it was pos- up for loans, and they have no idea fact, last year President Bush signed a sible. It turned out to be fairly simple what they are signing up for. bill passed in the Republican Congress If you think I am being critical of because with my law degree and college which increased the interest rates on them, I will also quickly add that very education, I made a little bit more student loans. Think about that. Con- few of us flip over the monthly credit money, so I could pay back my student gratulations, recent graduate, your card statement to read the fine print loan. Government has just given you a big- Now, repeat that story millions of about what we are getting into. We ger mortgage to pay in terms of your times over, and you have an expla- just trust everything is going to work student loan. That is what we did. nation as to why America is where it is out. We also limited the opportunity of Well, for a lot of young students, today. We decided to invest as a nation students to consolidate their loans and they sign up for loans which dramati- in making certain we had a new gen- bargain them into lower interest rates. cally increase in cost. For example, it eration of college graduates. We took My wife and I own a home in Spring- is not unusual for a student to borrow field, IL. When a good mortgage rate higher education, which had been fairly money in his freshman year and then comes along, we talk about refinancing elite to that point in our history, and be told: Don’t worry, you don’t have to our home. Most people do. Students, democratized it. It was no longer just pay anything back while you are still under the bill signed by President the smartest kids and the richest kids in school. The student breathes a sigh Bush, unfortunately, were limited as to and the sons and daughters of alumni of relief and continues on and borrows how and when they could consolidate who were admitted to colleges and uni- some money the next year. But many their loans and look for lower interest versities. Now, this kid from East times, the loans they are borrowing are rates. Saint Louis, IL, whose mother and fa- increasing in cost each year while they Even with these Pell grants, Stafford ther went as far as the eighth grade, are not making a payment. The $5,000 loans, work income, and, if a student is had his chance, and many more like you borrow in your freshman year that lucky enough, scholarships, many me. Well, I would like to think, as I you do not pay back for 3 or 4 years young people are forced to turn to pri- stand here today, that Government turns out to be $10,000 at graduation. vate student loans to pay for college. program paid off not only for me but Now, multiply that times four, and you What about private student loans? I for this Nation, and that story is re- get an idea what students are into. So had a couple come into my office a few peated over and over again. the debt students carry out of colleges weeks ago. They are in the private stu- But now what has happened? What and universities is much higher today. dent loan business. They said they has happened is that the cost of edu- Companies such as Sally Mae are very were just trying to fill in the gaps that cation has gone up dramatically. I took profitable, at the expense of these stu- the Pell grants and the Government a look at what I paid at Georgetown dents. loans did not take care of. University in the early 1960s, and I Now, the companies—like Sally So I asked them: ‘‘What is the inter- would be embarrassed to tell you the Mae—argue: Could you think of a est rate you charge on these student numbers. It did not take much to get worse risk than a recent graduate from loans?’’ through a university in those days. high school? We are willing to run that She said: ‘‘oh, it’s about 8 percent.’’ You could borrow $1,000 a year and risk of loaning money to that high I said: ‘‘Now, is that the highest make it through if you worked during school graduate, uncertain as to rate?’’ the school year and worked during the whether they will graduate or ever find ‘‘No. The highest rate is 19 percent.’’ summer and were careful with your ex- a job. So you have to give us a break. Quite a difference. Think about your penses. I will concede that point. But when home mortgage at 8 percent as opposed That is, of course, not even close to you take a look at the actual cost of to 19 percent. Think about the possi- the reality of today. Whether it is a the loan, it is pretty clear this indus- bility you will ever pay that loan off. public university or private university, try is doing more than covering its Oh, incidentally, something happened the cost has gone up substantially. risk; it is making an awful lot of on the floor of the Senate that people Students, as good as they are, when ad- money. did not notice. Senator KENNEDY did. mitted to those schools understand Senator KENNEDY has been our leader Remember when we had the bank- that if they do not receive a lot of fi- on this issue. This bill we have before ruptcy bill up. Do you recall what we

VerDate Aug 31 2005 02:29 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.041 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9552 CONGRESSIONAL RECORD — SENATE July 19, 2007 did in the bankruptcy bill? Let’s go students the textbooks and the costs as dents understand they won’t have to back in history for a minute. part of their course offerings. Oh, text- repay more than 15 percent of their dis- There was a time when some stu- book publishers scream bloody murder: cretionary income if they work in cer- dents who had borrowed money from How could you do that? How could you tain professions that have public im- the Government to go to school waited require us to disclose the costs of our portance to us. until they graduated and filed bank- textbooks before the students sign up I can’t tell you the number of college ruptcy, discharging their student loans for the course? And the professors say graduates who have come to me asking in bankruptcy, never paying them that inhibits academic freedom. No, it for relief from these high monthly stu- back. We said: Wait a minute, if the does not. They can pick any textbook dent loan repayments. Many of them Government is going to pay for your they want. are just starting careers and barely education, then you have an obligation We do something else: We also re- scraping through. So I think this is a to pay it back because that money goes quire them to put in what is known as positive aspect of the bill. It will cover to another student. It gives another the ISBN code. This is a universal code teachers. It will cover those who go student an opportunity. So we said for a book. Why? So the students can into public defense, prosecutors, legal under the bankruptcy law that you go shopping on the Internet. Maybe aid attorneys, and many others. It will cannot discharge a Government stu- they can find that textbook a lot accomplish all of this, not only to the dent loan in bankruptcy. cheaper. I do not think that is a bad benefit of these students but to the Well, in the last bankruptcy bill, the idea in this day of Internet sales. Well, benefit of America. people who are in the companies with we do not have it as part of this bill, We are actually reducing the deficit private student loans put themselves in but we will offer it as part of the next with this bill, I might add, through the same category. So if a student, un- bill. But colleges and universities cuts to the already substantial Federal knowingly, signs up for a 19-percent which are dedicated to bringing down subsidies to the lenders. The lenders college loan and then gets out of school costs for students ought to take a look are going to claim we have gone too and has an illness, ends up they cannot at not only tuition and room and board far. A recent study shows that lenders find a job, and files for bankruptcy, but the cost in the school bookstores spent less than one-tenth of 1 percent they are stuck with not only a Govern- as well. of their subsidy on benefits for bor- ment loan but these private companies I am pleased that the Senate is con- rowers. That means the average bor- and their loans. They will haunt that sidering this Higher Education Access rower saves only $118 through lender student to the grave. That person can- Act today. It is going to help a lot of benefits. Let’s not forget that these are not discharge that loan in bankruptcy students. the same lenders who many times have under any conditions except the most Many of us have been calling for an been involved in the scandals we have extreme financial circumstances. increase in the Pell grant for years, been reading about in the newspapers; This bill is long overdue. According none more vocally than the Senator lenders like Sallie Mae, whose former to the College Board, tuition, fees, and from Massachusetts. CEO Albert Lord used his generous room and board at public 4-year Twenty years ago, the maximum Pell compensation package to build a pri- schools have risen by 42 percent over grant for low-income and working-class vate, personal, 18-hole golf course in the past 5 years—from $9,000 to almost kids covered about 55 percent of the suburban Maryland. Well, it is time for $13,000. cost of a 4-year public education. Mr. Lord and his ilk to step aside. It is I wish to make that point. I have Today, the maximum of $4,050 covers 30 time for Congress to take control of fought, as Senator KENNEDY has, for percent—almost half of what it covered the situation again. It is time to be better terms in student loans, larger a few years ago. The bill on the floor more sensitive to the students and Pell grants, more direct loans from col- today will raise the maximum Pell their families than to the wealthy own- leges to students to take the lending grant to $5,100 next year and $5,400 by ers of these limited corporations. institution and the middle man out of the year 2011. I am glad the Senate de- An investment in education is an in- the operation, and I will continue to do feated an earlier amendment which vestment in our Nation. The cost of it. But make no mistake, we are shov- would have reduced that amount. I education is a hurdle for many stu- eling against the tide with this legisla- think the Senate showed good judg- dents, and we can help them clear that tion. If colleges and universities de- ment, understanding the Pell grant is hurdle with this bill. If America is cide: Well, if they are going to loan really absolutely essential for a lot of going to succeed in the 21st century, if them more money at lower interest kids from low-income families. our college graduates are going to be rates, we will just raise our cost—they Over the next 6 years, this bill will ready for that challenge, we need to have been doing that year after year provide over $850 million in new grant make certain they have the best edu- after year. So my message, in voting aid to students in my State of Illinois. cation. Bright, hard-working students for this bill, to colleges and univer- This will do a great deal to help the deserve the best opportunity to receive sities is that we certainly expect them neediest students get a college edu- an education, and we can’t afford not to use restraint and good judgment in cation. This bill will cap monthly stu- to invest in them. I encourage my col- terms of what they are charging student loan payments at 15 percent of a leagues to vote for the Higher Edu- dents today. student’s discretionary income. I cation Access Act. Let me give you one footnote to that. talked to Senator KENNEDY about this DREAM ACT Twenty-five percent of the debt college earlier, and I believe he is moving in I would like to say one final word, students take out of college is because the right direction, so that students and I know the Presiding Officer is of expenses at the bookstore. If you as will realize that when they graduate very sensitive to this issue as well. I a student sign up for a course, and you they will not have to pay any more, don’t think it will be possible on this are about to take the course, you no- each year, than 15 percent of their dis- bill, but I will look for every bill I can tice there are a handful of textbooks cretionary income. That is going to to introduce legislation known as the you have to buy. You go down to your give them some relief in terms of their DREAM Act. bookstore to buy the textbooks and repayments and give them some oppor- Today in America, we have tens of find out that textbook, which is only tunities to choose jobs they really thousands of high school graduates in for sale at this bookstore, costs $100. want. undocumented status. These are peo- Not unusual. Well, it turns out in any I have run into students—and I bet ple, young people, who came to Amer- given semester a student could end up the Presiding Officer has too—who ica as children, brought here by their with hundreds of dollars of debts just really want to be teachers, and we need parents; many of them have never for textbooks. them as teachers. But when they end known another country. They have I made a proposal, introduced a bill, up with $20,000 to $30,000 in student grown up here. They have graduated which we will bring up at a later time loan debts, they take a job which pays high school, and they want to be part when the Higher Education Act comes a little bit more so they can have a of America’s future. But because they before us, that basically requires col- basic life and still pay off their student don’t have a legal status in this coun- leges and universities to disclose to loans. This bill is going to help stu- try, they are uncertain as to whether

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At workforce, why would we turn these sure that all students, regardless of that time, Senator Kennedy believed young people away? family income, can earn a college de- that what we ought to have in higher So for the past 5 years, I have been gree? education is a program that is going to fighting for this DREAM Act. I have I am interested in, if we are really give assurance to every young person had the strong bipartisan support of talking about the divisions that exist in this country that if they have the many of my colleagues, and I thank in our country—we see them so dra- ability to gain entrance into any col- them for it. It is basic. If you came to matically in the area of education— lege, that regardless of their resources, America before the age of 16, if you whether we have some real responsi- they were going to be able to put to- have been here at least 5 years, if you bility to try to equalize those dispari- gether a student aid package that graduated high school, and if you are ties, and would he not agree with me would permit them to go where their able to complete 2 years of college or that if we don’t do that, we are going talent leads them. He believed the enlist in our military, you will have a to be a nation that is going to continue country was a lesser country unless we path to legalization. That is what it to be a divided country with all of the were going to have that opportunity. boils down to. implications that it has in terms of Talent was going to be lost in terms of I have met a lot of these young peo- fairness and equality and opportunity our Nation and our people. That was ple. I know the Presiding Officer has for the future? basically the philosophy behind the too. These are some of the best and Mr. DURBIN. I would agree with the Higher Education Act. brightest, the most idealistic and ener- Senator from Massachusetts. When you As my colleague knows, two years getic people you are ever going to consider the fact that low-income stu- ago the maximum Pell grant covered 55 meet. They are young people who want dents in America today and minority percent of the costs at a public four- to be part of America’s future. students are about 50 percent likely to year college. Of course, that has com- I have talked to the sponsor of this graduate from high school—many of pletely been reversed in recent years, legislation. I am not sure we can put them drop out—they are out there. with the resulting disparity we see this as an amendment on this bill, but They are somewhere in America. They here. The maximum Pell grant covers I wish to remind my colleagues that as haven’t reached their full potential and just one third of the costs today. we speak about college education and may never. Does the Senator not agree with me the future of America, we should un- What the Senator shows us with this that we ought to at least set the goal derstand there is a group out there chart is that those who are lucky that ideal we had at the time of the yearning for an opportunity to make enough to get started toward earning a passage of the act; that is, any young this a better Nation through the college degree—and the lower income person who has the ability and wants DREAM Act. categories have the toughest time—you to work, can put together whatever Mr. KENNEDY. Mr. President, would have to believe, as I do, that many of their family can contribute and receive the Senator be good enough to yield for those students who don’t finish is be- the aid they need to attend college. a question? cause of financial reasons. These are But we ought to, as an ideal and as a Mr. DURBIN. I am happy to do that. students who are struggling and doing nation, move toward that particular Mr. KENNEDY. Mr. President, I have their best. I have seen them. goal where we are going to give assur- heard the Senator speak very elo- I can recall a young student in ance to every young person that if they quently today about the elements of Springfield attending Lincoln Land work hard, they can afford a higher the legislation and his outline of his Community College. She was a young education. This is a matter of national strong, continuing, ongoing support for woman who had a child while she was priority; our belief in young people, our the DREAM Act which I welcome the in high school, but she was determined belief in their families, and our belief opportunity to support and will work that she was going to make it through in the future of this country demands very closely with him to try to achieve college. She used to take her baby with it. this very important legislation. her on a bus out to our community col- I was always impressed by Congress- I have listened to him also talk about lege, which is not in town but in the man Silvio Conte, who is a Republican, the division that is in America—wheth- outskirts, and she had to get the last and like so many people in this body— er we are growing as one country or bus back into town every night. When we heard from Senator MURRAY who whether we are finding out that we are I think about the sacrifice she was talked about members of her family really growing as different nations. making to take that baby and catch who are all professionals now who got The Senator remembers very well, in that bus and make it out there, you the Pell grants, and Senator CANT- the postwar period, if you look back at knew how much she wanted it, but you WELL, a very successful entrepreneur the economics, the lowest income, the also knew that she was right on the before she entered the Senate. medium income, the highest income edge financially at any given moment, Does the Senator agree with me that families—all of them moved along to- whether she could complete her edu- this is an investment we should be in- gether. They all improved together. We cation. volved in as a matter of national prior- had the GI Bill which, over a 6-year pe- So what you are doing in this bill in ities, and that we ought to be, as a riod, invested the equivalent of a third giving these students a helping hand is country and as a people, really leading of the total Federal budget for the year not only going to mean more college the way toward having a goal of pro- 1951. That is the kind of priority we graduates but, to the point the Senator viding that kind of help and assistance had as a nation in terms of education, raised, it is going to result in a fairer to our country as well as to the indi- and many believe it is the principal society in America, more opportunity, viduals? cause of the creation of the great mid- so that the disparity between incomes, Mr. DURBIN. I certainly agree. When dle class in our country, the backbone the highest and lowest levels in Amer- someone like Bill Gates of Microsoft and the strength of our democracy, our ica, is reduced. I thank the Senator for comes and says: You have to give me economy, and our national security. his leadership. visas so I can bring in foreign-trained I listened to the Senator talk about Mr. KENNEDY. Mr. President, the engineers for my expanding informa- the DREAM Act, but I have also lis- Senator may remember the extraor- tion technology company, it really is a tened to him talk about the divisions dinary work that was done in this area challenge to us. Why aren’t we pro- that exist in our country. This is a of education by a former mentor of his ducing engineers here at home? chart here, which is really self-explan- and a very close personal friend of It comes to this point: Will there be atory, which shows that low-income ours, Senator Simon of Illinois. When- the kind of support, financial support students are far less likely to graduate ever we had the debate on higher edu- for those promising students to get from college. This is what is happening cation, he always reminded me of the into math and science and engineering

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The built-in efficiencies, to do a less expen- baby boomer generation reaches a clerk will call the roll. sive job of managing this massive pro- point where it needs more medical The assistant legislative clerk program than the private sector could. I help, there will be fewer medical proceeded to call the roll. was relying on my gut instinct, which fessionals available. We don’t want to Mr. ALEXANDER. Mr. President, I is generally that if you can find it in see that happen. It compromises the ask unanimous consent that the order the Yellow Pages, the Government quality of care and also puts pressure for the quorum call be rescinded. probably ought not to be doing it. So I on the United States to poach—to go The PRESIDING OFFICER. Without came down on the side of having a fed- after medical professionals in devel- objection, it is so ordered. erally backed student loan program, a oping countries to attract them to the Mr. ALEXANDER. Mr. President, I generous one, which has grown since United States. guess the parliamentary procedure is then, but that was managed by the pri- So when we talk about this invest- that I can speak on the bill. vate sector. ment in education, it means a lot to The PRESIDING OFFICER. The Sen- The Government can do a great many the high-tech industry. It means a lot ator is correct. things well. Regulation is one of the to every American in terms of basic Mr. ALEXANDER. Mr. President, I things it does well. One of the things it health care. It means a great deal when thank the managers of the bill for giv- generally doesn’t do as well—with the it comes to the teachers we need. ing me the opportunity to speak. I wish exception of the military—is manage I had the university presidents, sev- to say a few words—general words— large programs. The result of that de- eral of them from Illinois, in my office about the student loan program in our bate was the creation of the Direct just a few weeks ago, and they talked country. Loan Program. In the end, I saw that about math and science skills, how The Direct Loan program—the pro- as an advantage for the country be- that is the one thing that troubles gram by which the Federal Govern- cause it at least would give us the op- them as they look ahead, that our stu- ment itself loans money to college stu- portunity to measure the way the Gov- dents aren’t keeping up in the world in dents across our country—began when I ernment would administer a loan pro- terms of developing their math and was the U.S. Secretary of Education, gram against the way the private sec- science skills. How do they reach that and the distinguished Senator from tor did it. In other words, it was some- point? Better classroom teachers, Massachusetts was chairman of the thing we could look at and compare. which means more young people grad- Health and Education Committee. We That is the way we have operated over uating college, going into the teaching had a Democratic Congress and a Re- the last 15, 16 years that this has been profession, who can make that call be- publican President named Bush, al- in place. cause they are not worried about pay- though a different Bush. Senator KEN- Now, I have not changed my view on ing back their debt. NEDY will remember the Deputy Sec- the so-called Government program, or It all works together. If we start cut- retary was David Kearns, a very distin- the Direct Loan Program. I believe al- ting back in terms of higher education, guished former business leader, head of most every aspect of our higher edu- arguing we can’t afford it, we will pay Xerox. Bill Ford was chairman of the cation system in our country can be for it for decades to come. House Education Committee. Chairman viewed as a success, including the Mr. KENNEDY. Mr. President, fi- Ford very much wanted a so-called Di- FFELP student loan program. There nally, the Senator remembers that this rect Loan Program. He wanted the are roughly 3,200 lenders today partici- body passed the COMPETE Act, which Government to loan money to stu- pating, with a loan volume of over $50 was legislation that came out of our dents. The law we have today is named billion in the current year. The Direct committee—Senator BINGAMAN from after him. He made a great contribu- Loan Program was approximately $13.5 New Mexico, Senator ALEXANDER from tion to our Nation’s education. billion. The total outstanding amount Tennessee were leaders on that bill— I thought about the Direct Loan Pro- of loans, FFEL and direct loans, now which had very strong, virtually uni- gram at the time and, generally speak- approaches half a trillion dollars, versal support here, which gave focus ing, I wasn’t in favor of it. There were about $448 billion. We are talking about in terms of encouragement in the areas three reasons for my skepticism then. an immense program that creates great of math and science and engineering. One was that it seemed to me the enor- benefits for students all over America. This is something, I know the Senator mity of the program would mean the Now, the question that is before us is, agrees, we ought to make sure we are Government—our Federal Govern- if we have this private sector program going to invest in. ment—would suddenly find itself being out there—and we have been debating When we passed the GI bill, over a massive bank. Ever since Andrew this in committee and we have had in- those 6 years, we produced 450,000 engi- Jackson, the idea of a big national numerable meetings on it and we had a neers—450,000. We had three Presidents bank had been something our country vote earlier today—is the subsidy for of the United States who used the GI hasn’t liked. We let the private sector the private lenders set at the right bill, three Justices who served on the have the banks. The problem with the level? Obviously, we have all agreed Supreme Court of the United States, government operating as a bank was that it is too high. Congress agreed it and several Senators who were edu- we would have to borrow a lot of was too high last year. The President cated under the GI bill. This is invest- money and add to the Federal deficit. agreed it was too high this year, and he ing in education. Second was the size of the student proposed some cuts. Now our com- We know what to do. The question is loan program. Millions and millions of mittee in the Senate is making addi- whether we have the will and whether students—one-half of our college stu- tional cuts. My concern is that we are the American people are going to be re- dents across the country—have a Fed- guessing what the subsidy level ought sponding to this challenge. eral loan or grant to help them pay for to be. We have our finger up in the I thank the Senator. I think we have college, and may choose among any of wind and are making arbitrary judg- work to do in this area. We have been the accredited colleges. We have about ments. able to find additional resources for the 6,000 institutions that qualify or re- I am interested in the auction model downpayment toward closing these ceive students with these loans. So it is that has been introduced into this bill. gaps, and I give the assurance to the a massive administrative challenge. I think that is a useful way to find out Senator that we will work closely with I could not see how the Federal Gov- what the private markets would tell us him to make sure we get the DREAM ernment—the department I was in about what the right level of taxpayer Act achieved and passed and we will charge of at that time, the U.S. De- subsidy is, so this program which loans

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If it doesn’t cost less, and if the Gov- Another way we might find out the And over the last 15 years, generally ernment is not likely to manage it bet- proper level of subsidy would be to try speaking, they prefer the program that ter, and if we don’t need another half to develop a body of knowledge in the involves private lenders instead of trillion dollars of debt in the Federal same way that State utility commis- dealing with the Direct Loan Program Government, then why would we want sions do. In Tennessee and other that the Government runs. Eighty- to encourage the growth of a Govern- States—well, Tennessee is different be- three percent of the schools prefer to ment-run program over a privately run cause we have the Tennessee Valley use the privately backed student loan program? Authority. But in most States, a State program, and 76 percent of the student I appreciate the chairman being here utility commission regulates the rate loans are originated by those lenders. while I am making these remarks. I set for telephones or electricity, and it Only 1,310 schools participated in the look forward to working with him be- allows the private company providing Direct Loan Program, which is a small cause he has long experience on this that service a reasonable profit. Over proportion of the loan volume. The rea- program and he has distinct views on the years despite there being a lot of son may be that the consumers who it. I suggest that one of the most con- politics involved, which I remember like choice and who like to have dif- structive things we can do over the that very well—there has developed ferent options have looked at both op- next few years is try to create, either quite a body of knowledge around the tions—the program run by the Govern- through the auction suggestion or by idea of what is an adequate level of ment and the program run by the pri- listening to the private markets or subsidy for private companies pro- vate lender—and they find, the univer- from the Government Accountability viding a public service, such as elec- sities and the students, that the pri- Office or some other way, something tricity or telephones or, as I suggest, vately operated program is better for other than a guess about what the pri- federally backed student loans. Per- the students. vate level of subsidy is. Otherwise, we haps that is something we could do I am here today more to talk about will be doing through the back door more of. looking ahead, not condemning this something that I really don’t think we There was talk about asking the Gov- bill or the effort that has been made should be doing through the front door ernment Accountability Office to study here. I am here today also to say that either. the subsidies in this bill. I don’t know the work of the Senate and House com- I thank the Senators from Massachu- whether that sort of study ended up in mittees and some of the States has un- setts and Wyoming for their time. the legislation. I hope it did. Looking covered abuses by student lenders, I ask unanimous consent to print in ahead to the next time we reauthorize some of which have been corrected and the RECORD some elaboration of my re- this ordeal with student loans, I would the rest ought to be. There is abso- marks that have to do with the cost like to find out if there is a way to set lutely no excuse for that. But cor- comparisons of the Federal and the pri- up an appropriate way to measure what recting abuses by private student lend- vate programs, the evidence, or lack of the level of subsidy ought to be for a ers is one thing; cutting the rates to it, that the Government can do it bet- private company. such a point that we end up through ter than the private sector, and some So we have, first, the idea of the auc- the back door pushing the student loan questions about why the Federal Gov- tion which might teach us something. program into a Government-run pro- ernment would want to assume more We have the cost of the Direct Loan gram, or largely into a Government- debt. Program. That could teach us some- run program, is another thing. It would There being no objection, the mate- thing about the appropriate cost. Fi- be an unwise step for us to take, and if rial was ordered to be printed in the nally, perhaps in this legislation, be- we are to consider that step, I hope we RECORD, as follows: fore it is through, if it is not in already will do that on a very careful basis. FEDERAL FAMILY EDUCATION LOAN PROGRAM included, we can ask GAO to create in- In conclusion, my opinion has not AND THE FEDERAL DIRECT LOAN PROGRAM dices that would help legislators make changed based on experience over the There is a lack of definitive evidence to a better judgment than guessing what last 15 years about the merits of a pro- suggest one program is less costly to the tax- an appropriate level of subsidy is. We gram largely run by private and non- payer than the other. In October, 2005 the Government Account- have an indication from the market- profit organizations—3,200 of them ability Office identified the following chal- place. Last week, an equity firm that right now—to offer choices to millions lenges in providing an accurate comparison was seeking to buy Sallie Mae, I be- and millions of students who attend of student loan program costs: lieve, said our changes in the level of 6,000 universities. To me, almost by Significant re-estimates of subsidy costs subsidy made that deal such that they definition, the Government is not a over the past 10 years illustrate the chal- felt it was not profitable for them. So good manager of such a large program. lenges of estimating the lifetime costs of as I understand it, they have backed loans. In fact, if it were a Government-run Certain federal costs and revenues associ- down. That is a signal the levels we are program, the Government would have ated with the student loan programs are not setting in this bill may make it more to contract it out. included in subsidy cost estimates, such as difficult to attract a large number of In general, I still support a properly federal administrative expenses, some costs private lenders to the program and, in regulated and appropriately subsidized of risk associated with lending money over effect, turn the student loan program program that allows for the maximum time, and federal tax revenues generated by more and more towards the Direct number of student private lenders leav- both student loan programs. Loan Program. ing students and universities choices. If current assumptions correctly predict In other words, by cutting the sub- Second, I am not persuaded that the future loan performance and economic condi- sidies deeper and deeper, we will be Government-run program costs less tions, the originally estimated gain to the government from the FDLP made in fiscal driving banks out of the business, espe- than the student program. I know years 1994 to 2004 will not materialize, and cially the smaller ones—the ones that there are reports and studies which instead these loans will result in a net cost serve students perhaps in rural areas or suggest that it might, but that is be- to the government. In reality, however, sub- in different areas—and we might be re- cause we count money up here in sidy cost estimates of FFELP and FDLP ducing the opportunities students have strange ways. If you just take real dol- loans made in fiscal years 1994 and 2004 will to benefit from the services that these lars and compare them to real dollars, continue to change as future re-estimates in- banks offer. I have seen no real evidence that the corporate actual experience and new interest I know some of my colleagues would rate forecasts. Direct Loan Program is cheaper for the While subsidy cost estimates may include prefer we turn the whole thing over to taxpayers than the program run many of the federal cost associated with the Government. I hope we don’t do through the private lenders. FFELP and FDL loans, they do no capture that—through the front door or Finally, I don’t like the idea of the all federal costs and revenues associated through the back door—by squeezing Federal Government suddenly begin- with the loan programs. Consideration of all

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federal costs and revenues of the loan pro- ments and programs not offered by FDLP, (1) IN GENERAL.—Section 56(b)(1)(E) of the grams would be an important component of but no easily quantified. Internal Revenue Code of 1986 (relating to a broader assessment of the costs and bene- The Department of Education contracts standard deduction and deduction for per- fits of the two programs. out the bulk of the origination, servicing and sonal exemptions) is amended by striking ‘‘, It is important for policymakers to under- other administrative tasks entailed in oper- the deduction for personal exemptions under stand how credit reform subsidy cost esti- ating the FDLP. (Holtz-Eakin). section 151, and the deduction under section mates are developed and to recognize that Why would the federal government want to 642(b)’’. such estimates will change in the future. De- assume more debt? (2) CLERICAL AMENDMENT.—The heading for cisions made in the short-term on the basis FDLP loans are funded by U.S. Treasury section 56(b)(1)(E) is amended by striking of these estimates can have long-term reper- borrowing, while FFELP loans are origi- ‘‘AND DEDUCTION FOR PERSONAL EXEMPTIONS’’. cussions for the fiscal condition to the na- nated with funds generated via private cap- (3) EFFECTIVE DATE.—The amendments tion. ital markets. made by this subsection shall apply to tax- The GAO warns against comparing the Federal government subsidizes FFELP able years beginning after December 31, 2006. FDLP based on their short-term cash flows. loans by paying a portion of the interest (b) ADJUSTMENT FOR INFLATION OF INDI- Doing so may distort the view primarily be- costs and by providing for a guaranty to the VIDUAL ALTERNATIVE MINIMUM TAX EXEMP- cause of timing—many FDLP borrowers will lender against borrower default. FDLP loan TION AMOUNT.—Section 55(d) of the Internal not fully repay their loans for another 20–30 funds are directly provided via the U.S. Revenue Code of 1986 (relating to exemption years. Treasury to make the same type of loans. amount) is amended by adding at the end the The Federal Credit Reform Act (FCRA) of (Holtz-Eakin). following new paragraph: At the end of FY 04, DL owed taxpayers $96 1990 introduced bias into the comparisons of ‘‘(4) ADJUSTMENTS FOR INFLATION.—In the billion, but had only $86 billion in out- the projected costs of direct loans and guar- case of a taxable year beginning after De- standing student loans to cover this debt. anteed loans. Therefore, the estimating cember 31, 2007, each of the dollar amounts (FY 04 Performance and Accountability Re- methodology used by both the Congressional in paragraphs (1) and (3) shall be increased port) Budget Office of Management and the Office by an amount equal to— In FY 04, the federal dollars actually spent of Management and Budget is flawed by the ‘‘(A) such dollar amount, multiplied by on FFELP was less than $900 million to sup- requirements of the FCRA. ‘‘(B) the cost-of-living adjustment deter- port the $245 billion in outstanding guaran- While subsidy cost estimates include many mined under section (1)(f)(3) for the calendar teed loans—less than four-tenths of a cent on of the federal costs associated with FFELP year in which the taxable year begins, deter- ever outstanding dollar. (President’s FY 06 and FDLP loans, they do not capture all fed- mined by substituting ‘calendar year 2006’ eral costs and revenues associated with the Budget) Default rates for FFELP are 11.7 percent for ‘calendar year 1992’ in subparagraph (B) loan programs. Because federal administra- and FDLP is 16.65 percent. OMB has pre- thereof. tive expenses—in accordance with FCRA— dicted that DL will experience a weighted If any amount as adjusted under the pre- are excluded from subsidy cost estimates, average default rate 5 percentage points ceding sentence is not a multiple of $10, such these estimates can underestimate the total higher than the FFELP for FY 08. More than amount shall be rounded to the nearest mul- lifetime costs of FFELP and FDLP loans. $6 billion of loans in the FDLP are in de- tiple of $10.’’. Other costs and revenues are also not consid- fault. (FY 04 Performance and Account- ered in subsidy costs estimates, including in- Mr. KENNEDY. Will the Senator who ability Report) terest rate risk inherent to lending pro- made the unanimous consent request— Private companies may be better suited grams, and federal tax revenues generated by than government agencies for keeping track it is No. 2332 and then—— private-sector activity in both FFELP and of borrowers, and have a greater incentive to Mr. SESSIONS. Mr. President, it is FDLP. (GAO, 2005) be innovative and follow others in the indus- No. 2342. The government does not really ‘make try. Mr. KENNEDY. I do not have a copy money’ providing student loans—the subsidy Since FDLP’s creation in 1993, it has spent of that second amendment. I don’t in- calculations under FCRA are not designed to $13 billion more on interest payments than it tend to object. If the Senator can with- fully capture the economic costs to the gov- has collected in interest and fees, not count- ernment of the assistance that the student hold his unanimous-consent request ing default costs or program administrative until I look at this amendment. loan programs provide, nor do they capture costs. (GAO 2004). all of the effects of the programs on federal Mr. SESSIONS. I will be pleased to spending revenues. (CBO, 2005) Mr. ALEXANDER. I yield the floor. do so. I ask unanimous consent to call FCRA fails to appropriately value risky The PRESIDING OFFICER. The Sen- up amendment No. 2333. cash flows coming into the Treasury, such as ator from Alabama. The PRESIDING OFFICER. No. 2333. student loan repayments. Scoring omits loan AMENDMENT NOS. 2333 AND 2342 EN BLOC AMENDMENT NO. 2342 WITHDRAWN administration costs, indirect programmatic Mr. SESSIONS. Mr. President, I ask Mr. SESSIONS. I withdraw my re- effects on Government receipts, and the risk unanimous consent, for the purpose of quest to call up amendment No. 2342 at of programmatic failures. (Budget Scoring offering my amendments, that the Barriers to Efficient Student Loan Policy, this time. pending amendment be set aside and Douglas Holtz-Eakin, December, 2006) The PRESIDING OFFICER. The There is a lack of definitive evidence to that I be allowed to offer two amend- amendment is withdrawn. The Senator suggest that the federal government can ments, No. 2333 and No. 2342 en bloc. may proceed with amendment No. 2333. service loans better. The PRESIDING OFFICER. Without In March, 2007 a suit was filed against the objection, it is so ordered. The clerk AMENDMENT NO. 2333 U.S. Department of Education for imposing will report the amendments en bloc. Mr. SESSIONS. Mr. President, the late fees on borrowers even though bor- The assistant legislative clerk read education bill before us is troubling in rower’s payments were made on time. Over- as follows: the fundamental ways that Senator charges were allegedly caused by a computer The Senator from Alabama [Mr. SESSIONS] JUDD GREGG, the ranking Republican glitch that caused more than 3 million FDLP proposes amendments numbered 2333 and 2342 on the Budget Committee, has pointed borrowers to be billed hundreds of millions of en bloc. out, in that it utilizes our reconcili- dollars more than they owed—though no exact amount has been stated. (Washington The amendments are as follows: ation process to, instead of containing Post) AMENDMENT NO. 2333 spending and helping to balance the More than 3 in 4 schools relied exclusively (Purpose: To strike the provisions relating budget, actually increase spending sub- on FFELP loan providers. An estimated 600 to loan forgiveness for public service em- stantially for a lot of new programs. I have switched to FFELP after participating ployees) wish to talk about one of those pro- in FDLP. (American Student Loan Pro- Strike section 401 of the Higher Education grams today that I think should not be viders) Access Act of 2007. a part of this legislation. So I have of- Anecdotal evidence from financial aid professions suggest that this switch has hap- AMENDMENT NO. 2342 fered this amendment to strike that pened for the following reasons: (Purpose: To amend the Internal Revenue provision. It is an idea that sounds FFELP provides students a choice of lend- Code of 1986 to allow personal exemptions good. It is something about which I ers. under the individual alternative minimum have had at one time or another indi- FFELP allows students to pay lower up- tax, and for other purposes) viduals ask me to support, always for front fees, get better interest rates and more At the appropriate place, insert the fol- their particular business, their par- generous repayment incentives than FDLP. lowing: ticular agency of Government, and I FFELP lenders offer a portfolio of unpriced SEC. l. ADJUSTMENTS TO INDIVIDUAL ALTER- borrower benefits—fee waivers, rate reduc- NATIVE MINIMUM TAX. have felt that I could not support it. tions, etc.—credit counseling, expedited de- (a) ALLOWANCE OF DEDUCTION FOR PER- One reason was, how can we justify livery, superior information technology, col- SONAL EXEMPTIONS AGAINST INDIVIDUAL AL- supporting one agency of Government lege access in initiatives and other enhance- TERNATIVE MINIMUM TAX.— over another? So I guess, in one sense,

VerDate Aug 31 2005 04:38 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.019 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9557 this legislation fixes that problem and direction that one would borrow more There is no means test for this pro- covers everybody, and more. Let me money and have the expectation that gram. It doesn’t matter under this pro- tell my colleagues what it does. the Government will help them pay it gram if the public employee has mil- The idea is, if a person pays their off at some point later on. lions of dollars in the bank. If you had loan debt and they are part of a direct Also, I ask why we would single out millions of dollars in the bank, and you Government loan program, that after public service Government workers for knew you were going to get a job where 10 years they could get a large part of this kind of benefit—there are millions the Government was going to help you that debt forgiven. That sounds good, of Government workers—and exclude pay back the loan, why wouldn’t you but let me discuss why I think this is productive citizens working in low-in- borrow the money to go to college in- bad public policy, why it is a new Gov- come jobs in the private sector who stead of paying for it yourself? This ernment program we should not start, could also benefit from a similar pro- incentivizes people, I suggest, per- and why it is absolutely inevitable that gram? Why are they left out? What versely, to borrow money to go to col- it will grow and cost more and more as principled argument is there for that? lege rather than working their way time goes along. Certainly, most people working in pri- through or utilizing the millions of dol- Let me show how broad this program vate businesses don’t have as good a re- lars they may have. is. There would be a student loan for- tirement plan or health care plan as Let me say this. I am not against as- giveness program that would provide Government employees do. Now we are sisting people to pay for a college edu- forgiveness of loans to public emer- going to help them pay their tuition cation. But we are spending billions of gency management employees, govern- from taxpayers’ money that comes dollars on higher education through di- ment employees, public safety, public from people in the private sector who rect benefits to colleges and univer- law enforcement—these could be State, are not getting these benefits. sities, loans, subsidies, and grants. county, or local, I presume—public Why should a public employee be ele- Total student aid, including grants health, public education, public early vated to a higher class of treatment of from all sources, plus loans, work childhood education, public childcare, loan forgiveness than those in the pri- study, and tax benefits from the Fed- social work in a public child or family vate sector, those hard-working Amer- eral Government, increased by 95 per- service agency, public services for indi- ican taxpayers who are not lucky cent in inflation-adjusted dollars over viduals with disabilities, public serv- enough to have an air-conditioned of- the decade from 1995–96 to 2005–06. So ices for the elderly, public interest fice and a Government-sector job? we are spending more to help our peo- legal services, public library services, Public service is an honor, and as ple go to college, by putting more Pell public school library sciences, or other public servants, I don’t think we need grants and loan money out there. public school-based services, or those to ask or should think to ask to ele- I think Senator KENNEDY’s concern on full-time faculty at a tribal college vate our number to a higher status about abuse of the private loan pro- or university. That is what is included. than that of average working Ameri- gram is valid. I was inclined to support That is a big deal. It eliminates one of cans. the Burr amendment, but I am of the my concerns of why pick and choose There are many hard-working Ameri- view that the program was subject to Government agencies; it just covers cans in the private sector who con- too much abuse and we needed to fix it. them all. tribute to society and who would ben- But I will note this about this amend- Let me express why I think there are efit from the program. I think about ment: It creates an unequal footing be- some good principled public policy con- attorneys who need help. What about tween the Direct Loan Program and cerns and objections and why I do not small town attorneys working hard to the Federal Family Education Loan think this is a good step for us to take. start a practice, or nurses, educators, Program—Senator ALEXANDER was re- For example, there is no limit in this inventors, small business employees, a ferring to those programs—because the legislation on the total amount of loan cook who has gone to college to try to only people to get benefits under this forgiveness, which creates a discrep- get a financial business degree so they loan repayment program would have to ancy between the rich and the poor. can one day run a restaurant, depart- go through the Direct Loan Program. Graduates of expensive schools with a ment store managers who want to be The competition between these two lot of debt would receive quite a sizable CEO’s one day, electricians or plumb- benefit under this program, while stu- programs, it has generally been held, ers who want to establish their own dents who work their way through col- and the Senate believes, will benefit businesses and go back to college and lege, go to a community college, would students, and that is why we didn’t work their way through and keep their receive nothing if they didn’t have any eliminate the private loan program debt down? These people pay taxes that debt. even in this bill we are passing. The National Association for College benefit a Government worker who has So allowing loan forgiveness solely Admission Counseling reports that the a lifetime job, probably making more through the Direct Loan Program is average cost of a community college is than they are, certainly with a lot not principled, I think, at all. It will less than half of that for a public col- more job security than they would undoubtedly give an advantage to the lege and one-tenth of a private 4-year have, and countless others around the Direct Loan Program as students have college. So who is being helped here? country. Why should we benefit one no other route in which to receive loan Half of low-income students attend and not the other? These are people forgiveness than to borrow under the community colleges while only 1 in 10 paying taxes too. I haven’t seen that Direct Loan Program. high-income students attend commu- we have difficulty getting people to Let me say this—and I didn’t realize nity colleges. take Government jobs. They are pretty this until recently: 82 percent of the Further, the lowest priced colleges attractive out there, the truth be schools in my home State of Alabama are 2-year public colleges in the West, known. do not use the Direct Loan Program for example, with average tuition fees So somebody goes off to a big expen- but participate in the Federal Family of $1,300. The highest priced colleges in sive college and gets a big expensive Education Loan Program. Students the country are 4-year private colleges degree and owes $75,000 or $100,000. graduating from my small alma mater, in New England with average tuition Well, the Government is going to help Huntingdon College, a liberal arts col- fees of $28,000. them pay that back but not help the lege, would not be eligible because Section 401 then creates a perverse guy out there on the street corner try- Huntingdon is not a direct loan school. incentive to take out the maximum ing to make a living to pay his back— Schools choose FFELP because the pri- amount of student loans. Rather than the same person who is paying the vate sector offers the better services, encouraging better public policy, I sub- taxes that are paying not only the sal- they think, and saves them money. Na- mit, that would encourage students to ary now for the Government employee tionally, this statistic is around 80 per- work their way through college and but now will pay their education costs. cent. So 80 percent of the colleges and families to help them make their way There is no principled basis that justi- universities in our country are not in through college instead. fies them to be entitled to loan repay- the Direct Loan Program, and under Instead of moving in that direction, ments more than there would be for this plan you wouldn’t benefit unless this bill would clearly move us in the someone in the private sector. you were in it.

VerDate Aug 31 2005 02:29 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.051 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9558 CONGRESSIONAL RECORD — SENATE July 19, 2007 They say: Well, you could consolidate huge, costly program for our country, what the voters wanted us to do when your loans under the Direct Loan Pro- but it is not based on good principles, on November 7 they held a national ref- gram and, therefore, then you could No. 1; No. 2, it is going to be expanded, erendum and put the Democrats back get repayment. But isn’t that a tilting you can be sure, in the future; and No. in charge so we could change the tone, of the scales and a perverse benefit to 3, it will create another bureaucracy, have a civilized debate such as we are, the Direct Loan Program, which is sup- another Government program, when we and also to change the priorities—and posed to be on a competitive basis to already have Pell grants and loan pro- changing the priorities Senator KEN- see who offers the best incentive to the grams that we are pumping more and NEDY has, by leading us in a direction students to get a good loan program? more money into every year. where we can expand opportunity for They get to choose now which they I suggest if we have ideas about help- our young people without expanding think is best. So I don’t think that pro- ing people with their loans, we focus on our deficit. viding this incentive to clearly favor existing loan programs and not create We will not expand our Federal def- the Direct Loan Program and exclude this one that is unprincipled in its re- icit and we will help families not ex- the other is good public policy. I am sults. pand their family deficit, as they try to not aware that those who voted for it Mr. President, has Senator KENNEDY help their kids achieve higher edu- understood it might have done that. had an opportunity to think about that cation. This legislation pending before Studies show that when you extend other amendment I was going to call us today should be passed in a swift, your loan, sometimes you end up pay- up? expeditious, uncluttered way. This bill ing more interest than going on and Mr. KENNEDY. If the Senator will be is absolutely a great bill for students paying them off. The Federal Family kind enough to let me examine it. That and it is a great bill for America. It Education Loan Program is far more is dealing with the alternative min- gives our students access to the Amer- popular than the Direct Loan Program imum tax and deductibles that, quite ican dream. It gives our young people at present because they have tended to frankly, as I was thinking about it, the access to the freedom to achieve, to be offer lower interest rates and quality Finance Committee deals with, and able to follow their talents, and to be service, but I think there are some they would probably be the most valuable to achieve higher education in abuses, too, and, hopefully, this bill able to try to address this. If we could whatever field they will be able to will tighten that up. deal with this first issue first, and serve this country. We do it by pro- I will conclude on this matter by say- then, if I might, try and get some viding an increase in Pell grants. ing this is the kind of program that member on the Finance Committee to But the bill is also fiscally respon- truly, colleagues, should strike fear in come over and respond to the Senator’s sible as well as socially progressive. It the heart of anyone concerned about question because I think it deals with cuts subsidies—big, lavish, bloated sub- the expansion and growth of Federal the alternative minimum tax. sidies—to banks. In eliminating these spending and Federal programs. It will I am not trying to delay, but I see bloated, unneeded subsidies in today’s create a new Federal bureaucracy. the Senator from Maryland is here and era of cheap money, what we are able Next year, I predict—since this bill would like to speak. I will be glad to to do is put that back into student aid. says you have to be regular in your respond to the Senator’s presentation So we up the student aid, but we don’t payment of your student loan to qual- and move ahead in a timely way. create more borrowing in order to do ify for this program—I will predict Mr. SESSIONS. Mr. President, re- it. next year we will be providing excep- serving the floor—I believe I still am The bill also has other reform ele- tions to those who have lost their jobs, recognized—I know Senator KENNEDY ments to it. It reforms the application who have had an illness or who have has never offered a finance-related process. Anybody in here who is a mom had other kinds of problems; or we will amendment on a bill that hasn’t or a dad—or an Aunt Barb—knows be having lawsuits and administrative cleared the Finance Committee. that, boy, is that process complicated. hearings over whether this or that per- I am teasing a little bit because we You almost have to have been to col- son qualifies to have part of their loan all knew this bill is open to this kind of lege in order to apply for student loans forgiven based simply on the fact they amendment, I think, and that is why I to be able to go to college. work for some Government or public wanted to offer that AMT fix. We have The other thing it does is it keeps an agency. voted on it before. It is something that eye on those colleges and universities. If we want to help public employees, I think we need to be more educated We have seen tuition creep—we have let us do it in a more direct manner. about and that is the reason I wanted seen tuition gallop—to where now Why should we provide a benefit pro- to offer that. there is an ever-increasing escalation. gram that helps those who go to some I will not offer it at this time, if Sen- We worry if we increase the Pell expensive college, maybe don’t work ator MIKULSKI wishes to speak on the grants, are they then going to increase while they go to college, and end up education amendment, but I hope that tuition? So there is reform methodolo- with a big debt? Let’s say two individ- will not bar me from getting the floor gies in this, and we salute Senators uals are working at the county health a little later and seeking to call up KENNEDY and ENZI for being able to do department or the EMA and one of that extra amendment. this. So this is why I am so enthusi- them ran up a big debt and the Govern- I yield the floor. astic about this bill. ment helps them pay it off; while the The PRESIDING OFFICER (Mr. As I travel around my own State of other one, who worked their way WHITEHOUSE). The senior Senator from Maryland and I talk about what we through college, doesn’t get anything. Maryland. want to do with our Federal legislative That is not a good way to help people, Ms. MIKULSKI. Mr. President, I rise initiatives, I often say to audiences— in my view. to speak enthusiastically in favor of and I say here today to my col- It is also, again I submit, bad public the Higher Education Access Reconcili- leagues—we in this country enjoy policy because it encourages and ation Act and to also speak against the many freedoms—the freedom of speech, incentivizes people not to pay their Sessions amendment to eliminate the the freedom of press, the freedom of re- way through but to borrow money. We debt forgiveness program for entering ligion—but there is an implicit free- would like to have a different incen- public service. dom our Constitution doesn’t lay out tive. Good public policy should do that. I can’t tell you how happy I am today but which brings people to this country I also see no principled basis to provide to be speaking on legislation helping and excites the passions and hopes and this benefit solely to the Direct Loan our young people have access to higher dreams and that is the desire and the Program and not to the other loan pro- education. Finally, after a very dark ability to have the freedom to achieve; grams. It is a clear tilt from one side to week, where we were gagged and muz- to take whatever talents God has given the other when 80 percent of the Amer- zled from trying to deal with bringing you, to fill whatever are the passions ican colleges and universities are not the Iraq war to an end, we now have an in your heart, to be able to learn so in the Federal Direct Loan Program. open debate on how to achieve the you can earn and make a contribution. So I would say, first of all, the way it American dream. This is what I came That is what I call the freedom to is structured today it will not be a to the Senate to be able to do. This is achieve.

VerDate Aug 31 2005 02:29 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.052 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9559 The freedom to achieve should never those Pell grants covered 80 percent of talking about debt forgiveness in law be stifled in this country because of the cost. enforcement. Law enforcement all over economic reasons. Your freedom to We look at our families, our middle- the United States is facing shortfalls in achieve should never be determined by class families, and they are stretched recruitment. There are people who no the ZIP code you live in, by the color and they are stressed. Families in my longer want to be cops on the beat be- of your skin, or by the size of your State are worried about many things. cause it is a dirty, dangerous job. We family’s wallet. It should be, in a They are worried about their jobs, wor- have a shortage of nurses. Let’s talk democratic country, that everyone has ried about the cost of raising a family, about our teachers—oh, our most im- access to be able to do that. That gas prices are up, the cost of utilities is portant asset is our children. We will means affordable education. That up, the cost of health care is up—you not pay to recruit and retain, but we means access to the opportunity ladder name it, everything is up but wages. will overregulate our teachers. We have that students and families can count They are racing from carpool to work to be able to get them in. on, because we know a degree is some- and back again. While they might be When we talk about the fact that if thing no one can ever take away from taking care of mom and dad who need you are an elementary schoolteacher you. assisted living, they are also wondering or you are that preschool teacher who When I was a young girl at a Catholic how are they going to assist their kids gets our kids reading ready, often they all-girls high school, my father and to go to college so they are assisting are very poorly paid, paid less than if mother encouraged me to seek higher their kids with learning how to earn a they had worked in fast food oper- education. My father’s grocery store living. Our families need help. By gosh, ations. We have to help our teachers. had a terrible fire, and I offered to not I believe that help begins at home. Then I want to talk about an area go on to higher education but to work This is what this legislation does. It that is very near and dear to me, the in our little family grocery store. But will increase student aid by increasing nursing shortage. I have worked on a my father said, no, Barb, you have to Pell grants from $4,300 per year to bipartisan basis with the Senator from go, and your mom and I will find a $5,400 per year. It is a $1,100 increase. Maine, Ms. COLLINS, on how to deal way, because no matter what you do or This is wonderful. That is already a with the nursing shortage. It is now what in life happens to you, no one can $5,000 break over a 4-year program. If achieving a critical mass. Over 40 per- ever take that degree away from you. you are looking at a community col- cent of our nurses will be retiring in a As your father who wants to help you lege, this could help you pay for this. very short time. It is difficult also to and to protect you, the best way I can For so many of our young people, the retain our nurses. We need to be able to protect you is to make sure you will be community college is the first access recruit and retain our nurses. able to earn a living all of your life. to higher education. When we hear about: Why don’t they My father gave me the freedom to These families and these students work their way through? Let’s work achieve. But tuition costs were dif- will know exactly what this means. our way through. Have you ever been ferent in those days, and now people The simple expansion of Pell grants is to a nursing school? Have you ever rely upon student loans or student as- going to take that opportunity ladder been in a nursing school? I have. Nurs- sistance. That is what we need to con- and take that first rung and make sure ing school is tough, demanding, unre- tinue to do. it is reliable and stable. lenting. If you are in a nursing college We also know when we are helping There are other important aspects in program, whether it is a community our young people, or not-so-young peo- this bill in addition to that. I am so college or a 4-year college, you have to ple who return, the value of higher edu- proud we have extended our deferred do your lab work, you have to do your cation doesn’t only accrue to the indi- loans for our men and women in the clinical work. You can’t take time off vidual, it accrues to the Nation as a armed services. Under the old law, to go work to earn that tuition. You whole. Every time we help someone be servicemembers could only defer their have to be there learning to be a nurse. able to go on and have that freedom to student loans for 6 months. They are There is practically no way that, if you achieve, we might be educating some- fighting in Iraq. I think we ought to want to be a nurse, an x-ray techni- one who is going to find the cure for defer it indefinitely, but we will take cian, an occupational therapist, a physical therapist—anything in allied cancer. We are going to be educating what we can get in the law. That is an health—you can take time off to work the cop on the beat who might save important step. your way through. But you are mount- that old lady from being mugged. I want to say a word about the coming debt. This is a way that gives you Whatever we do, that education lifts ments about public service. Why is it a break. not only that person but it lifts the every time we talk about public service jobs it is in a snide and snarky way? I I believe in giving help to those who level of attainment of the Nation as a will be able to help us in our commu- am tired of people talking about public whole. nity. service jobs in a snide and snarky way. That is why this is an important pub- To finish my point and my momen- lic investment. This is why on this day, Somehow or other, in private sector tum here, I believe the Kennedy ap- this week, we finally have some light jobs you work hard. I know for those proach on student debt forgiveness is coming into the Senate. hedge fund managers, walking down wise and prudent, and I believe can be We know higher education is a great that rugged terrain of Wall Street, implemented in a way that does not opportunity. As I said, this means fighting their way to get a latte, is create abuse. Let’s respect public serv- there will be people who are young and tough work. But why is it if you are an ice. Let’s try to deal with the fact that not so young who will bless us for what FBI agent we are going to talk about we are facing critical shortages. Let’s we are doing today. Getting a college you in a snarky way? What about if also begin to work together to solve education is the core of the American you are a nurse in the VA helping fit our Nation’s problems. dream, and I am going to be sure that that prosthetic device for that injured We are willing to spend thousands of every student has access to that dream warrior coming back? We have to re- dollars to recruit in critical areas in and make sure that when they grad- member that civil service is honorable the military. I happen to support that, uate, their very first mortgage isn’t and civil service is hard work, and pub- to keep that sergeant, to recruit that their student debt. lic service makes contributions to the lieutenant and so on—I absolutely My colleagues have spoken elo- public good. think we should. quently about how often that debt is I hope we then in this debate also fol- I urge the passage of the Higher Edu- $20,000 or more. I know in my home low the kind of rubric that has been de- cation Access bill and at the same time State college tuition is on the rise. The veloped by our colleague from Ohio, the defeat of the Sessions amendment. tuition at the University of Maryland, Senator VOINOVICH. He is worried, too, I yield the floor. a land grant college, has increased by about all the retirements that are com- Mr. KENNEDY. Will the Senator almost 40 percent since 2002. Financial ing in civil service. We are going to re- from Maryland be good enough to yield aid is not keeping up. Pell grants now cruit, but let’s talk about specifically for a question? only cover 30 percent of what a 4-year what this does. This is debt forgiveness Ms. MIKULSKI. I am happy to yield public college costs, but 20 years ago where we are facing shortages. We are to the Senator from Massachusetts.

VerDate Aug 31 2005 02:29 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.054 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9560 CONGRESSIONAL RECORD — SENATE July 19, 2007 Mr. KENNEDY. The Senator is famil- your undergraduate loan, working the Can you imagine that? So, of course, iar with the fact—I am wondering if it terrific shifts the nurses work, and you they are going to make those choices, is true about the students in Mary- are thinking about graduate school, or, if they do come, they stay a very land—the average indebtedness of a you are not going to go get a master’s short time, a very short time. student now graduating from a 4-year or a doctorate to teach nursing, and we So we think that this is a good way college has gone up significantly from have little in the way of helping you. to get them into teaching and get them 1993, from $9,200, to 2004, where it is So we are, No. 1, affecting the short- to stay in teaching. We believe that over $19,000. It may vary in different ages we have in these areas, and we are once they come, and once they stay a States, but by and large the average is also exacerbating the people who would few years, they will stay for a while, about $19,000. then have to go on to graduate school particularly if we help them follow Let’s take the starting salaries. to teach the very people we need to their dream, while they are helping Ms. MIKULSKI. First, if I could re- teach. these other young people to get ready spond to the Senator, that is exactly Mr. KENNEDY. Well, let me ask the to follow theirs. right. We are experiencing the same Senator something. Mr. KENNEDY. Finally, to the Sen- situation for that level of public in- Ms. MIKULSKI. Does that help? ator, in this legislation, we have pro- debtedness in our public universities. If Mr. KENNEDY. That is certainly vided individuals in public service pro- one would then go on to a private uni- both understandable and expressing the fessions with loan forgiveness. We are versity such as Johns Hopkins, it reality of today. Say we are trying to talking about those working in public would also be substantially more. attract a math teacher or a science safety; we are talking about law en- Mr. KENNEDY. So the Senator un- teacher. We understand that if we are forcement; we are talking about public derstands, if you go on to medical going to be competitive in the world, it education, early child education, and school, more often than not you are is going to be in the new industries, the child care. probably closer to $100,000, by and innovative industries. I do not know We are talking about individuals who large, by the time you finish medical what it is in Baltimore, but I can tell are going to work with the disabled school. But let’s take the average col- you in Boston, it is difficult to get and the elderly. The Senator has spo- lege graduate, someone who might good math teachers to teach in our ken so eloquently about the changing have gone through community college public school systems. It is very dif- demographics in the country, and in- and then gone on to finish 4 years of ficult to get good science teachers in creasing concerns for our elderly to college. They are ending up with about there and good chemistry teachers to make sure that there are going to be $19,000 in debt. teach in there. alternative choices for those elderly Is the Senator familiar with the fact In the sciences, it is extremely dif- people such as independent living. This that here in Massachusetts, a starting ficult, because if someone is going to bill also provides loan forgiveness for teacher gets paid $35,000 a year? Let’s have the ability to be a good teacher, those in public legal services, library take a social worker in Tennessee. He understanding their course structure, sciences, school-based service pro- or she earns $33,000. A public defender they are going to have to graduate viders, and those who work at tribal earns $43,000. They obviously have to from college, and then they may even colleges. borrow more because they need the ad- have to go on to earn an advanced de- These are areas where there are crit- ditional professional training. This ex- gree. ical shortages. Would not the Senator ample here is of a public defender in In- Now if they are still going to be paid agree with me that these represent— diana. Their debt is $51,000. a very modest salary, what do you represent—professions which are mak- Now, as I heard the Senator from think that math or science teacher is ing a difference for other people, for Maryland, and we could go on across going to do? Do you think they are other individuals? If we are able to the line in terms of some of the areas going to go to work in the private sec- have dedicated, competent, able, gifted of public need in this country, but if we tor for $100,000 a year or go and teach people who work in those years, we are take a school teacher, if we take a pub- the citizens in Baltimore or the citi- going to be a better Nation for doing it. lic defender, the size of their debt and zens in Boston at a very modest salary? Ms. MIKULSKI. The Senator has pin- the size of their income, is there any What do you think is in the best in- pointed exactly the point I wished to question in the Senator’s mind those terest of our Nation in terms of its make. These are in fields that are mak- individuals, with that kind of debt and competitiveness? ing important contributions to the that kind of salary, that virtually that Ms. MIKULSKI. I can answer that, public good, be it public safety to kind of obligation to repay at the Senator, because we see it every day in health or public health, the education present time is going to effectively the State of Maryland, which has a of our children at all ages, pre through make it impossible for those individ- profile not unlike the State of Massa- 12. uals who might want to go into those chusetts. We have schools in the Balti- I do not know how it is in Boston, professions to do so? more-Washington corridor that are des- but we are experiencing a spike in vio- Ms. MIKULSKI. I would be happy to perately, as of now, in getting ready lent crime in Baltimore. We have a respond, if the Senator would allow me for the school year, recruiting people considerable number of vacancies in to focus on the allied health profes- in math and science, both at elemen- the Baltimore City Police Department. sions of which I am quite familiar, that tary and high school. At the same time, they have tried to it affects, first of all, when you look at We also have a robust science pro- cut the COPS Program, local law en- what you could owe, it affects your gram in the private sector. First of all, forcement—the subject of another de- major. So if I want to major in nursing, we have defense jobs, we have biotech bate on appropriations. But I will tell or where there is another shortage, x- jobs. If you are working as that science you, Mayor Dixon is out there, we are ray technology, and you look at what teacher at $38,000, with this big debt, trying to recruit. If we are going to you are going to earn, and what you you can go to work in pretty inter- fight crime, fight crime with police of- are going to owe, well, you will take esting private sector jobs, some under ficers in the way of enforcement, you perhaps an easier path, and something Government contract. fight crime with education and other that will be more lucrative at the end As we like to say, Government work professions. of graduation. is often getting contracts with the pri- So you have pinpointed it exactly. So it starts in the freshman year vate sector. They are going to walk out That is why I can understand some of when they are looking at that. Second, and they are going to take the $70,000, the flashing yellow lights raised by the let’s go to another issue in nursing. As the $80,000 or the $100,000, not because Senator from Alabama. the Senator knows, we have a problem of the money, they want to pay down I wish to say one thing. I spoke out with having enough people to teach their debt and they want what every- about my mother and father. Sure, I nursing. That requires graduate train- one else wants, the ability to have a helped them at the local grocery store. ing, master’s, plus doctoral. Well, if family, buy a home. You know, a start- But I was working as a child abuse you come out and you owe this bucket er home now in our community is worker. When your brother was elected of bucks, and you are trying to pay off $400,000. That is starter—starter. President, I was working as a foster

VerDate Aug 31 2005 03:57 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.055 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9561 care worker at Catholic Charities. I talked of, the examples we have given good salary there, or works out in the wanted to prevent family breakups. I out here, those who are in law enforce- community in terms of trying to work went to work at the Department of So- ment, those who are teachers, those with foster children or otherwise, they cial Services. I was a child abuse work- who are working in the nursing profes- would both get some kind of student er for a couple of years. That is pretty sions, those who are working in special loan debt relief under this bill. tough, what those social workers do. needs; those provisions on page 30 of But on the loan forgiveness, the Sen- But I wanted to go to graduate the legislation. ator is quite correct. We have targeted school so I would know how to do bet- We feel strongly that this loan for- those individuals who are going to be ter, so I would be more effective, so I giveness is a critical part of this bill, working in what we consider to be the could intervene. Well, I was an emanci- and this is the distinction we draw public sector, for the common good, for pated adult. Graduate school at the from the Sessions amendment, and it a larger sense of purpose for the coun- University of Maryland was getting un- has been stated so eloquently by the try, as expressed so eloquently by the derway. Senator from Maryland, the distinction Senator from Maryland, to be eligible But thanks to the war on poverty, between the public and the private sec- for the forgiveness. That is the point and thanks to a grant at the National tor and the great needs we have in the Senator has made. Institutes of Health—again, which your terms of the public sector. That is very For example, under this bill, as I un- brother started, and you have so stead- important. derstand, a public school teacher in fastly continued, community mental I wish to remind my friend from Ala- Alabama who earns $31,000 and the av- health—there were community mental bama, according to this legislation, he erage loan debt in Alabama is $17,559, health grants for BARB MIKULSKI to go is one of the fortunate Senators in they could have the loan payments to the University of Maryland and get higher education, the increased grant capped at 15 percent so it reduces his or her master’s in social work. aid for students for the State of Ala- her monthly payment by $59, from $203 Well, given my style of debate, peo- bama is going to increase to $442 mil- to $104. That is about a 30-percent re- ple might not say I have a ‘‘thera- lion over the period of the next 5 years. duction which is not insignificant. peutic’’ personality, but I will tell you My own State of Massachusetts is $319 Then after 10 years of teaching, under what I learned on the streets of Balti- million. Alabama has come out very our legislation, all the remaining debt more as a child abuse worker and what well, one of the most favored States in would be forgiven. In this case, a ben- I learned with my program at the Uni- terms of the totality. We always try to efit of some $10,000, which is very sig- versity of Maryland, I think that Balti- look out after the Senator from Ala- nificant. But they would have to teach more is better because of what I bama and Alabama. I thought the Sen- for 10 years to be eligible for this. We learned. But I could not have done ator would be interested in that. think this is a better investment, a that, nor could I have taken out those Mr. SESSIONS. Would you yield for a better trade, than continuing to give so loans—I was already an adult—to be question? much in Federal subsidies to the able to do that, had not the U.S. Gov- Mr. KENNEDY. I would be glad to. banks. We have taken it effectively ernment said: We are willing to invest Mr. SESSIONS. I have supported the from the profits of these lending insti- in you if you are going to put your loan programs and the Pell grants. I tutions, and we see they are going to heart and soul back into America. like the Pell Grant Program. That is survive. We have the CBO figures that I say hats off to those programs that focused on a person of lower income. show that they are. We have their own give all those other programs that We probably do have lower income stu- figures, for example, from Sallie Mae, chance. dents in Alabama, and we probably that show even with this legislation Mr. KENNEDY. I wish to thank the benefitted nicely under the Pell Grant the profits they are going to make over good Senator from Maryland. She has a Program compared to more blessed the next several years. We think this is way of speaking and taking com- States such as Massachusetts. a good trade. This is a good policy mat- plicated issues and simplifying them I simply would ask the question, the ter. and getting to the core and the root of question I raise is: If you have two per- I saw the Senator from Alabama them. She has done so in a very impor- sons in nursing school and one is leave the Chamber. I haven’t talked tant way, which addresses an under- maybe already a nurse but trying to with my friend and colleague, but we lying aspect of the Sessions amend- get a higher degree and she works and will be ready to move ahead and vote ment; that is, the value of work in the keeps her debt down, the one who does on that at the appropriate time. We public sector, the value of work in the not do that gets more benefit than the will talk with our colleague and see if public sector as differentiated from the other. It does only favor those in the we can’t figure out the best time to ad- private sector, because of the value it public sector and not in the private dress this issue. makes and the difference it makes to sector. The PRESIDING OFFICER. Who other people. I believe this bill continues the em- yields time? That is what we have tried to do in phasis, which I support, on maybe hav- Mr. KENNEDY. I yield time from the this legislation, in providing the loan ing better Pell grant provisions for bill to the Senator from Minnesota. forgiveness. those who do math and science and The PRESIDING OFFICER. The Sen- I wish to thank the Senator for her some of the areas in which we have ator from Minnesota. eloquence, and I wish to thank her for shortages. I believe it goes further than Mr. COLEMAN. Mr. President, I am helping on this particular amendment. that, does it not? I know we did that speaking on an amendment that I will Effectively, the Sessions amendment last year. I think that was a good step call up later. It is amendment No. 2334. would eliminate the provisions in this in trying to help deal with shortage It is the Coleman-DeMint-Thune- legislation that say that after 10 years, areas. Inhofe amendment that would prohibit after 10 years of working in the public Mr. KENNEDY. I thank the Senator. the FCC from reinstating the so-called sector, the remainder of your loan I am a very strong believer in the nurs- fairness doctrine. would be canceled. ing profession, and have been. I think The amendment says: Now, that is the provision he has they are the backbone of our whole The Commission shall not have the author- made. Now, a couple points I wish to health care system. We provide relief ity to prescribe any rule, regulation, policy, for nurses in this bill, whether they are doctrine, standard, or other requirement address in terms of the Senator’s rep- that has the purpose or effect of reinstating resentation. The fact is, in the legisla- in the public or private sector. For or repromulgating (in whole or in part) the tion there is what we call an income those in public health, there is loan requirement that broadcasters present op- cap. The earnings have to be less than forgiveness after 10 years in the profes- posing viewpoints on controversial issues of $65,000. So if you go to work in a public sion. And for all graduates, we provide public importance, commonly referred to as service place and somehow you earn in income-based repayment, which caps the ‘‘Fairness Doctrine’’. excess of $65,000, you do not have your their monthly loan payments at 15 per- For those students following debate loans forgiven. cent of their discretionary income. If a on the education reconciliation bill, So this is targeted to the kind of in- nurse works in the private sector, they may well wonder what the fair- dividuals whom Senator MIKULSKI has works at Mass General Hospital, gets a ness doctrine controversy is all about.

VerDate Aug 31 2005 03:57 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.064 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9562 CONGRESSIONAL RECORD — SENATE July 19, 2007 After all, this bill is about the something else, but let’s not talk about Mr. COCHRAN. Mr. President, I ask podcasting, blogging, U-Tubing, chan- things because it is going to put us in unanimous consent that the order for nel-surfing generation that knows jeopardy, put our livelihood in jeop- the quorum call be rescinded. nothing but choice and vigorous free- ardy. That is not what America is all The PRESIDING OFFICER. Without dom of expression. These students have about. objection, it is so ordered. grown up in today’ s info-tech world of At the end of the day, there is noth- Mr. COCHRAN. Mr. President, I ask rich and diverse media sources, in ing fair about the fairness doctrine. unanimous consent that I may be per- which they, just like the rest of us, can The issue is not which broadcaster is mitted to proceed as in morning busi- get the information they want, how fair and which one is not: the issue is ness. they want, and when they want it—free who makes that decision. The PRESIDING OFFICER. Is there of any government content restriction. I believe fairness is what the Amer- objection? I want to keep it that way. It hasn’t al- ican public decides is fair, not some Without objection, it is so ordered. ways been like this. It was only 20 Washington politician or bureaucrat. NOMINATION OF JUDGE LESLIE SOUTHWICK years ago that we did away with the Americans love a fair fight but there is Mr. COCHRAN. Mr. President, I have fairness doctrine. nothing fair if the intent is to silence been very deeply disappointed with the On its surface, the fairness doctrine debate just because a Government bu- response of Senate Democratic leaders sounds harmless enough, but at its reaucrat or politician disagrees with it to the President’s nomination of Judge core, the fairness doctrine would and then employs a Government bu- Leslie Southwick to serve as a judge on threaten our constitutional right to reaucrat to chill the expression of the U.S. Court of Appeals for the Fifth free speech and fundamentally under- ideas. Circuit. I had expected that his nomination mine the workings of our democracy. In the end, our Nation, our democ- The Government has no place moni- racy, is best served when we let com- would move expeditiously through the toring ideas on our public airwaves and peting ideas enter the political mar- Judiciary Committee and the Senate. He is emminently well qualified. But penalizing broadcasters who don’t meet ketplace freely, and let the best ideas the opposition of some members of the the Government’s definition of fair and win. Senate Judiciary Committee and some balanced. There is a reason why our One of my hometown newspapers, the outside political interest groups has first amendment is freedom of speech; St. Paul Pioneer Press, put it well the other day when it said in an editorial slowed action on the nomination. Because all freedoms are at risk when I have known Leslie Southwick for 30 Government monitors and controls the entitled ‘‘Fairness is beautiful, especially when it’s optional’’: years. His qualifications are beyond broadcast of ideas. question. During his distinguished ca- That is why I will be offering this . . . let the gabbers gab—right, left, center, reer, as a lawyer and a State court amendment which will protect Ameri- wherever—without government-imposed bal- judge, he has earned the respect and can’s constitutionally granted right to ance. Americans can make listening and admiration of liberals and conserv- free speech. After all, what sort of mes- viewing decisions according to their own sense of what is fair. To have faith in the atives, Democrats and Republicans, as sage are we sending to our future lead- marketplace of ideas—as we do—is to believe well as fellow lawyers and judges who ers when there are some on the other that, over time, good ideas will rise by their have worked closely with him and who side who are seeking to restrict free merits. know him well. speech? We live in an age of satellite radio, of He is fair and thoughtful and would Our Founding Fathers knew very broadband, of blogs, Internet, cable TV, be an outstanding Federal court of ap- well the importance of free speech to broadcast TV. There is no limitation peals judge. The judiciary would be our Nation’s democracy. on the ability of anyone from any po- well served by his leadership and his The genius of our system of Govern- litical persuasion to get their ideas set knowledge of the law. He will reflect ment is the conscious choice to leave forth. credit—enormous credit—on the Fed- decisions in the hands of regular peo- The public, in the end, will choose eral judiciary. ple, by explicitly restricting the power what to listen to, and that is their He graduated cum laude from Rice of Government to make them. It is not right. It is not Government’s right. It University in 1972 and from the Univer- by coincidence that the Framers of the is not Government’s obligation or re- sity of Texas School of Law in 1975. Constitution established free speech, sponsibility to monitor and regulate Following law school, he clerked for along with freedom of the press, in the that. That is very dangerous. the chief judge of the Texas Court of first amendment. They come together The fairness doctrine is a flawed idea Criminal Appeals in Austin and then, in the first amendment. from a bygone era that has no place in in 1976, for Judge Charles Clark on the Beyond first amendment principles, today’s information age. My amend- Fifth Circuit Court of Appeals. there are also market principles at ment seeks to continue to protect The next year he began the practice stake. Since the end of the fairness Americans’ right to free speech and to of law in Jackson, MS, with the firm of doctrine in 1987, talk radio has flour- allow for our broadcasters to con- Brunini, Grantham, Grower & Hewes, ished because of consumer-driven mar- tribute to our national dialog without one of our State’s most respected law ket demand, not because of Govern- Government censorship, without Gov- firms. He quickly became a respected ment command, not because of Govern- ernment demand and control. That is member of the bar. ment control. The history of the fair- the beauty of democracy. It is the From 1989 to 1993, he served as a Dep- ness doctrine is actually one of chilling world to which the students we will im- uty Assistant Attorney General in the freedom of speech. The reality is, if you prove with this reconciliation, which Civil Division of the U.S. Department are a broadcaster and you know that contains a lot of good things, will go. of Justice. While there, he supervised you have a Government regulator mon- In the end we want to have people who the Federal Programs Branch and the itoring what is on your channel, your have access to the free flow of informa- Office of Consumer Litigation. station, a pencil and paper in hand and tion. We want to have old people who In November 1994, Judge Southwick marking with probably a stopwatch the have access to the free flow of informa- was elected to serve on the Mississippi amount of time that you discuss idea tion. We don’t want to step back into a Court of Appeals. He was reelected to a A, and then all of a sudden if you don’t bygone era where Government was second term in 1998. give what the Government regulator monitoring ideas, monitoring content. During 8 of the first 10 years on the feels is the right amount of time to That is very dangerous. court of appeals, Judge Southwick give a varying opinion to subject A, in I will ask my colleagues at a later wrote the most opinions of anyone on the end you risk penalty. You put time to support this amendment. the court. He has been involved in yourself and your business at risk. I yield the floor and suggest the ab- more than 7,000 opinions during his The reality was during the years in sence of a quorum. service on the Mississippi Court of Ap- which the fairness doctrine was in The PRESIDING OFFICER. Without peals, and he personally wrote almost play, it chilled freedom of expression. objection, the clerk will call the roll. 800 of them. Some folks probably would say: Let’s The legislative clerk proceeded to Judge Southwick also has a distin- just play country music. Let’s just do call the roll. guished record of service in the Judge

VerDate Aug 31 2005 07:00 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.005 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9563 Advocate General’s Corps of the U.S. called Judge Southwick’s nomination Another letter, this one from a young Army Reserves and has been an in- ‘‘an outstanding appointment.’’ lawyer with Brunini, Grantham, Grow- structor at the U.S. Military Academy In an editorial published in June 2007, er & Hewes, the firm where Leslie at West Point. the Clarion Ledger stated that Judge Southwick practiced law for a number In August 2004, Lieutenant Colonel Southwick had built a reputation based of years. This letter is addressed to Southwick and the 155th Brigade Com- on ‘‘professionalism, hard work, and in- Senator ARLEN SPECTER. bat Team of the Mississippi National tegrity’’ and that support of the nomi- Dear Senator SPECTER: Guard were mobilized in support of Op- nee’s home State Senators is an impor- I am an African-American partner at the eration Iraqi Freedom. The unit was tant indicator of broad consensus on law firm of Brunini, Grantham, Grower & deployed in Iraq from January to De- the nomination. Hewes, PLLC, where Judge Southwick was cember 2005, where he served as the This vacancy on the Fifth Circuit has once a member. I believe in fairness for all staff judge advocate. He spent much of now existed since 2004. This seat is con- people and salute our leaders for giving their lives to assure that fairness. While I share his time in Najaf, an area of significant sidered a judicial emergency by the the sentiments of other African-Americans insurgent activity. Federal judiciary, meaning the effi- that the federal judiciary needs to be more In a letter to the Judiciary Com- ciency and efficacy of the court are diverse, I believe that Judge Southwick is mittee, one of Judge Southwick’s fel- negatively affected by this vacancy. imminently qualified for the United States low soldiers wrote this: I am confident Judge Southwick will Fifth Circuit Court of Appeals and write in He also took on the task of handling the serve with great distinction on this support of his nomination. claims of numerous Iraqi civilians who had court, and he will reflect great credit I met Judge Southwick during my third been injured or had property losses due to on the Federal judiciary, if he is con- year of law school when I interned with the [the involvement of] the United States Mili- Court of Appeals of Mississippi. That intern- firmed. ship allowed me an opportunity to work with tary in our area of operations. This involved I am proud of the recommendation long days of interviewing Iraqi civilian most of the Judges on the bench at that claimants, many of whom were children, Senator LOTT and I have made to the time. I was most impressed with Judge widows and elderly people, to determine Senate, and the Senate should confirm Southwick because of his work ethic and his whether the United States Military could [or this nomination. serene personality. When I finished law should] pay their claims. He always listened I mentioned the support of commu- school in 1996, I believed that my chances for to these Iraqi claimants patiently and treat- nity leaders in my earlier remarks. I landing a clerkship were slim because there ed them with the utmost respect and kind- have been handed by staff members of was only one African-American Court of Ap- ness. He did this not just out of a sense of mine a number of letters that have peals judge on the bench at the time and duty but because he is a genuinely good and been sent. there were very few Caucasian judges during caring person. Here is one, June 1, 2007, to Senator the history of the Mississippi Supreme Court Judge Southwick is currently a pro- or the Court of Appeals (which was fairly LEAHY and Senator SPECTER. This is new) who had ever hired African-American fessor of law at the Mississippi College from the adjutant general of the Mis- School of Law. He teaches courses in law clerks. In spite of the odds, I applied for sissippi National Guard, MG Harold a clerkship. Judge Southwick granted me an administrative law, consumer law, evi- Cross. He mentions his experiences interview and hired me the same day. While dence, statutory interpretation, and ju- with Judge Southwick in Iraq. He Judge Southwick had many applicants to dicial history. started with a story I had not heard choose from, he saw that I was qualified for He has written several legal and his- until I read this letter earlier today: the position and granted me the opportunity. torical articles that have been pub- During my tenure as clerk with the Court, Lieutenant Colonel Southwick joined the lished in the Mississippi Law Journal, Judge Southwick thought through every Army Reserve in 1992—obtaining an age issue and took every case seriously. He the Mississippi College Law Review, waiver to allow him to join; even though he the Wall Street Journal, and other pub- earned a reputation for his well thought out knew from the outset his age would nec- opinions and his ability to produce the high- lications. He is the author of a book essarily prohibit him from serving long est number of opinions in a term. It did not entitled: ‘‘Presidential Also-Rans and enough to vest a military pension. In 1997, matter the parties’ affiliation, color, or stat- Running Mates.’’ It won an American then-Captain Southwick transferred into the ure—what mattered was what the law said Library Association prize as the ‘‘Best Mississippi National Guard. and Judge Southwick worked very hard to While Lieutenant Colonel Southwick was Reference Work of the Year’’ in 1985. apply it fairly. Judge Southwick valued my originally assigned to what was then called opinions and included me in all of the discus- Judge Southwick has served as presi- State Area Command, in 2003, Lieutenant sions of issues presented for decision. Having dent of the American Inns of Court, as Colonel Southwick volunteered to transfer worked closely with Judge Southwick, I have a member of the American Law Insti- into the 155th Separate Armor Brigade, a no doubt that he is fair, impartial, and has tute, and on the Curriculum Com- line combat unit. This was a courageous all the other qualities necessary to be an ex- move; as it was widely known at the time mittee of the American Bar Associa- cellent addition to the United States Court that the 155th was nearly certain to mobilize tion’s Section on Legal Education. He of Appeals for the Fifth Circuit. was honored by the Mississippi State for overseas duty in the near future. In addition to serving our State, Judge Bar in 2004 with the Judicial Excel- He then goes on to talk about the Southwick has also honorably served our lence Award. leadership, the military leadership, the country. During his mission to Iraq in 2005, The American Bar Association’s assets and qualities that he brought to Southwick found the time to write me often Standing Committee on the Federal the 155th Brigade Combat Team on ac- to let me know about his experiences there. Judiciary unanimously concluded that tive duty near Najaf in Iraq. Upon his return to the United States, Judge He served, as my remarks indicated, Southwick shared with others his humbling Judge Southwick is ‘‘well qualified’’ to experience serving our country. It is clear serve as a Federal appellate judge. This as staff judge advocate for the 155th, from his writings and speaking that he is the highest rating a judicial nominee and it was located at Forward Oper- served with pride and dignity. can receive. ating Base Kalsu. Over the years, Judge Southwick has After being nominated on June 6, After his service in Iraq, Lieutenant earned the reputation of being a person of 2006, to serve as a U.S. district court Colonel Southwick transferred back to high morals, dignity, and fairness. It is un- judge in the Southern District of Mis- Joint Force Headquarters of the Mis- fortunate that there are some who have sissippi, he received a hearing in the sissippi National Guard. He makes this made him the chosen sacrifice to promote comment—General Cross does—in clos- agendas and have set out to taint all that Judiciary Committee in the Senate and Judge Southwick has worked so hard to ac- was unanimously reported with a fa- ing— complish. I am prayerful that those efforts vorable recommendation for confirma- While there are many core qualities crit- will not preclude Judge Southwick from tion. ical to a successful military officer, one at- serving as our next judge on the United After two nominees for the Fifth Cir- tribute I have found particularly important States Court of Appeals for the Fifth Circuit. cuit from our State were turned down, during my many years of service is sound Yours truly, Brunini, Grantham, Grower & temperament. In that regard, Lieutenant Senator LOTT and I recommended Hewes, A. L’Verne Edney Colonel Southwick has both a considerate Mr. President, there are a number of Judge Southwick for that court, and and measured personality. I can tell you President Bush submitted his nomina- without hesitation that I have always found other letters. There are two from the tion to the Senate on January 9, 2007. Lieutenant Colonel Southwick to treat ev- School of Law, Mississippi College In an editorial published in June 2006, eryone with whom he comes into contact where Judge Southwick has been a the Clarion Ledger of Jackson, MS, with both kindness and respect. member of the faculty. One is from the

VerDate Aug 31 2005 07:00 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.069 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9564 CONGRESSIONAL RECORD — SENATE July 19, 2007 dean of the law school. Another is from gave a copy to ARLEN SPECTER—about many years and I’m honored to give him my the associate dean, Phillip McIntosh. I Leslie Southwick, judicial nominee, highest recommendation without reserva- was impressed with his strong feeling dated June 5, 2007: tion. In every way he is worthy to serve. that comes through in this letter that Judge Southwick’s scholarship and char- Gentlemen: acter are stellar. The opinions he wrote dur- I detected and interpreted. I write to comment to you and the Com- ing his 10 years on the Mississippi Court of Judge Southwick is a man— mittee on the Judiciary on the judicial and Appeals reflect his thoroughness and fair- legal ability of Leslie Southwick. I do so not And this is to Senator SPECTER and ness, as well as the depth of his knowledge in generalities but in the context that I espe- and the quality and clarity of his reasoning to Senator LEAHY. He wrote each the cially know about. It is my hope that this same letter, dated June 4— and writing. specific information will give you insight In every respect of his legal career and life Judge Southwick is a man of highest integ- into how he has undertaken his role as a in general, Leslie Southwick has excelled. He rity, honor and intellect. As a judge on the judge. has a long and consistent record as a devoted Mississippi Court of Appeals, he scrupulously My detailed knowledge of Leslie family man, a courageous military leader, an did his judicial duty in following the law in Southwick’s work as a judge on the Court of accomplished author, and an excellent appel- his judicial opinions. I am greatly dis- Appeals of Mississippi concerns the law of late judge. His awareness and attention to appointed that some have taken the oppor- workers’ compensation and its important promoting fairness and equality with regard tunity to try to score political points by overlap with other areas of law, principally to race and gender are exemplary. characterizing Judge Southwick as intoler- tort law. For a number of years I have Our country needs conscientious and inde- ant or having ‘‘very fixed, right-wing world taught and written about these topics. Con- pendent judges of impeccable integrity, and I view,’’ seeking to imply that he would not be sequently, I pay extremely close attention to cannot think of anyone— fair and impartial in applying the law. In my the court decisions. Although based on stat- personal and professional dealings with him, utes, this area of law has become intricate And she underlines ‘‘anyone’’— I can attest to his fine character. I have not and often complex, so much so that lawyers who is better qualified for this appointment. the slightest doubt regarding his impar- specialize in the field in order to be effective. Sincerely, Kay B. Cobb, Presiding Justice, tiality and commitment to fairness. When Judge Southwick started as a first- Supreme Court of Mississippi. As an example of the regard with which time judge with the newly-created Court of There are other letters. I am not Judge Southwick is held by the law faculty Appeals, he and some other judges had little going to prolong my remarks. This is at Mississippi College, he was offered a posi- or no experience with this area of law. This one from the dean of the Law School tion as a visiting faculty member following showed up in several opinions that I consid- his resignation as a judge for the Mississippi ered to contain incorrect analyses. In arti- where he is on the faculty, another Court of Appeals and pending the approval of cles that I wrote and in oral presentations at from one of his former partners. This his nomination with the Fifth Circuit. The law conferences, I often detailed the reasons one may be a little different. John suggestion to make this offer was made by that I regarded some of the opinions as in- Henegan—here is another Democrat, I one of our faculty members and the rec- correct, including several that Judge South- think. I hope he is not upset with me ommendation was unanimously approved by wick wrote or concurred in. for publicly identifying him in that our faculty. We have a politically and ra- My observation was that Judge Southwick way. He is a bright guy, widely re- cially diverse faculty, but not one note of recognized that he and other judges needed spected. I know him. He has written a concern about Judge Southwick’s integrity, to learn the intricacies and complexities. He fairness, or impartiality was sounded. His set about doing that. I saw him at all law letter that talks about: appointment to our faculty was strongly conferences at which I was a speaker, and I One area where we have not worked closely supported by all of our faculty members. I know he read and often cited my publica- together— might even mention that his teaching part- tions. Sometimes he agreed and sometimes He is addressing ARLEN SPECTER— ner for trial practice this past semester is an he disagreed with my explanations, but the One area where we have not worked closely African American attorney and former Mis- point is— together is in the political arena. sissippi Circuit Court judge whom Judge And this is in italics— Southwick personally recruited to partner I was right. with him for the course. But the point is that he challenged himself I am a life long member of the Democratic I hope that you will support the nomina- to learn about a field of law in which he had party at all levels of the political spectrum; tion of this outstanding man to the Fifth no previous experience, topics which came to namely, local, county State, and Federal, Circuit. He is an exceptional candidate and his court frequently. and I have previously served as the Chief of deserving of confirmation. His court heard appeals in all areas of law, Staff and Executive Assistant to the former There are other letters similar in and we expect broad institutional com- governor of Mississippi who is also a life long petence. Lawyers do not come to the bench tone. Here is one from—I couldn’t help Democrat. Accordingly, although I am not with all-encompassing experience, but the qualified to call myself what we affection- but notice—the University of Mis- good ones can and will learn. This is no sissippi School of Law, the Law Center ately refer to around here as a ‘‘yellow dog small task. Judge Southwick— democrat,’’ because I have at least on a at the university where I graduated And this again is in italics— handful of occasions voted for a Republican from law school, and it is written by Judge Southwick rose to the challenge by candidate for public office, it is very fair to John Bradley. It caught my attention hard work, legal ability, and dedication. I say that I have never been a supporter of the because John Bradley was a law stu- saw him struggle and I saw the evidence of Republican Party or many of its policies, po- dent when I was a law student. John his learning about this field. sitions, or for that matter certain Federal Robin Bradley is what we called him This is what we hope for in our judges. judicial nominees submitted to the United then. He is now a professor of law at Judge Southwick did this and earned my re- States Senate in the past. spect for his legal and judicial ability. My In this context, I have been reading what Ole Miss. He was one of the most lib- has been said and written about the quali- eral members of the faculty when he expectation is that he will continue on this path as a judge. fications of Leslie for this current post, in- joined the faculty, and he has lived up cluding an editorial in yesterday’s New York to that tradition very proudly ever That is the end of the italics. Times, and I cannot disagree more strongly since. In my view his achievement in this regard with the personal attacks that are being I have a very high regard for John is a significant indicator that he has what it made against his character, integrity, or fit- Bradley. He was editor in chief of the takes to be a good judge, one of those hu- ness for office, or about his commitment to Law Journal, and when I was a first- mans to whom we entrust our halls of jus- civil rights for all people, regardless of their tice. year student, I had the honor of being race, color, sex, creed, religion, or national Sincerely yours, John R. Bradley, Pro- origin. It is an abomination that he should invited to go to a Law Journal con- fessor have to experience these unfair and unjust ference at William and Mary with John This next letter is written in hand— personal attacks, because they are quite sim- Robin and then the next editor to be, handwritten—by Kay Cobb. Kay Cobb ply untrue and cannot be made by anyone and I kept thinking I had just been is the presiding justice of the Supreme who has had the opportunity to meet, work, anointed and I would be in line to be Court of Mississippi. The letter is writ- or be around Leslie for even an abbreviated editor in chief also. That wasn’t to be, period of time. ten to Senator ARLEN SPECTER in ref- In his many years of public service at the but let me just say this: I am not sure erence to Judge Leslie H. Southwick. John Robin Bradley has ever voted for State and Federal level, Leslie has served his Dear Senator Specter. State and his Nation with honor and distinc- me. He probably hasn’t because I am a This letter is enthusiastically written to tion at sacrifice to his personal gain. I can- Republican and he is a very serious- urge you and the Committee to confirm Les- didly can think of no one whom I would trust minded Democrat. But here is a letter lie H. Southwick to serve on the Fifth Cir- more to carry out the oath of office that he he wrote to PAT LEAHY—and he also cuit Court of Appeals. I’ve known him for will be required to take and to uphold the

VerDate Aug 31 2005 03:57 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.071 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9565 laws of and Constitution of the United Judge Southwick and confirm his appoint- diciary Committee, is considering rec- States if he is confirmed by the United ment for the Court of Appeals. ommending that Judge Southwick not States Senate. Sincerely, Jose´ Alberto Cantu, CPA, be confirmed for service on the U.S. PrimeWay Federal Credit Union. I respectfully urge you to confirm his nom- Court of Appeals. It is unthinkable. ination. Respectfully Submitted, John C. Here is someone I noticed because Henegan. But from information I have gotten she has been an active Democrat all from those who talked to all of the I am not going to read all of the let- her adult life, a good friend of mine, members of the committee on the ters, Madam President. I know others Kathryn H. Hester, a shareholder in the Democratic side, that might happen. I may want to speak on the legislation Jackson, MS, law firm of Watkins don’t know when a meeting is sched- that is pending before the Senate. Ludlam Winter & Stennis. You have uled or when that is going to occur, but This one is from a fellow member of heard of Winter and Stennis. You may I hope there is an opportunity for re- the Mississippi Army National Guard. have heard of Watkins and Ludlam. flection and careful consideration of They were deployed together in Iraq re- They are both deceased. It reads: action before that meeting does occur. cently and his observation is that ‘‘he Re: Nomination of Leslie Southwick for I served my first 2 years in the Senate shouldered a heavy load of regular JAG the United States Court of Appeals for the on the Judiciary Committee. I suc- duties, which he performed excel- Fifth Circuit. Dear Chairman Leahy. ceeded Jim Eastland, who had been lently.’’ He talked about Southwick chairman of the committee, when he being a kind and courageous man, I write in support of my colleague Leslie Southwick’s nomination to the United retired from the Senate. That was in being in a combat zone with him, and States Court of Appeals for the Fifth Circuit. the Carter administration, and we had how it was stressful and challenging. You will have before you Leslie’s resume. It a lot of hot-button issues come before He said: is outstanding, and it reflects both a sense of the committee. It was an interesting Leslie always listened to these Iraqi claim- duty and an intelligence appropriate for challenge to be on the committee dur- ants patiently and treated them with the ut- service as an appellate judge. ing such a period of national transi- most respect and kindness. He did this not Judge Southwick succeeded me as Presi- dent of the Charles Clark Inn of Court— tion. Alan Simpson and I were two jun- just out of a sense of duty but because he is ior Republicans on the committee that a genuinely good and caring person. named for the former Chief Judge for the Fifth Circuit for whom Leslie clerked after year. This is from Norman Gene Hortman, law school. Leslie was selected to that posi- I guess the point is, I listened to Jr. He is from Laurel, MS, a lawyer tion by trial and defense lawyers of the ut- presentations made before the com- with his own law firm there, a very re- most professional skill and integrity. mittee for judicial nominees. I was ob- spected person in our State. Leslie is diligent in performing his obliga- serving and we were living through the There are other letters. I thought tions, he is smart, he has integrity, and he is transition in the South—the integra- temperate in his actions and decisions. Les- you might be interested in this one. It tion of organizations, of schools, of is from Jose´ Cantu. He is writing lie is passionate about love of country, his alma mater’s baseball team (Rice), and his churches, on and on. It was a very chal- Chairman LEAHY. This is a copy of his adopted State, Mississippi. lenging time in the history of our letter: If a man of intelligence, temperance and country. TED KENNEDY had just become Dear Chairman Leahy. integrity, who has served his country, his chairman of the Judiciary Committee. I read recently in the Houston Chronicle State, and his profession honorably and with It was a pleasure to serve and get to about the nomination of Judge Leslie South- dignity, is not qualified to be on the court of know all the people on the committee wick to the United States Court of Appeals appeals, then the process is faulty. The legal at the time. But I also remember for the Fifth Circuit. The article was ques- profession and the parties who will depend thinking somewhere along after about tioning his character in light of a case in a on his intelligence and his integrity deserve Mississippi appellate court involving a racial to have a person of his caliber on the court. 6 months of experience on the com- incident where a ruling was in favor of a Thank you for your consideration. mittee that maybe the best thing I white plaintiff. Since I grew up with Judge Sincerely yours, could do for my career in the Senate Southwick in Edinburg, Texas, located in the Kathryn H. Hester, was get the heck off the Judiciary Rio Grande Valley, I was shocked to read Shareholder. Committee and get on something a lit- about the opposition to his nomination on Madam President, I think I have read tle more attractive from a political this basis. I was a classmate of Judge South- enough letters. I didn’t mean to read as standpoint. So as it happened, it wick in high school and knew him very well. many as I did. But I hope that Senators worked out that 2 years later I was I always found him to be extremely polite will see from these letters they are not able to move to the Appropriations and absolutely fair with everyone. What the form letters organized by any political paper and the political activist referenced in Committee. I gave up that seat on the the article imply is that Judge Southwick is party or any special interest group. Judiciary Committee to do so. I have a racist because of the ruling on the Court. These are letters that were written be- always felt a special kinship for the This is absolutely ridiculous and totally un- cause people care about and know members of that committee, knowing fair. The Valley has a large Hispanic popu- about Leslie Southwick and are con- about the workload, the volume of in- lation, and Leslie never showed the type of vinced he is being treated unfairly by formation that has to be processed by discriminatory attitudes that are implied in the Senate if he is not confirmed. the members to stay up to date with the article. To the contrary, I remember him I know the Judiciary Committee has the legislation that is referred to the as treating everyone fairly and with respect. had a hearing. I was pleased to intro- What was equally disturbing in the Chron- Judiciary Committee. So I have an ap- icle article was LULAC’s opposition to the duce Leslie Southwick at that time, preciation for the challenges that are nomination. Being a Hispanic American, my with my colleague Senator LOTT. It faced and particularly on a nomination immediate and extended family want to never occurred to me at any moment that comes along that is not from your voice our strong disagreement with LULAC that there would be any question State, not from your area of the coun- on this issue. Since this organization is por- raised about his integrity, his sense of try. You take a look at what the facts trayed by the media to speak for all His- fairness, his qualifications, or his fit- are, make a decision, and move along. panics, I want your office to know that it ness to serve as a U.S. Court of Appeals Well, I hope the Judiciary Committee does not. My family and I wholeheartedly judge during the consideration by the will take another look at this nomina- support the nomination of Judge Southwick. It is apparent from the article that LULAC Senate of this nomination. The fact tion and look at what has been said has no first-hand knowledge of Judge that I feel obliged to be here on the about the nominee and his qualifica- Southwick’s character or integrity, but floor, after I had made my comments tions, and look at his entire career, merely wanted to jump on the bandwagon about how I thought he was a good which has been one that has reflected and oppose this nomination because it was choice to serve on the court, is prob- good judgment, a concern for his fellow submitted by President Bush. Growing up in ably superfluous. I apologize if anybody citizens, whether they are Black, the Valley, both my family and I have been is bored by these remarks. But I hope White, or Hispanic, or whether they are lifelong Democrats. Now I live in Houston you can sense the sincerity and seri- Democrats or Republicans. He is the and am beginning to believe that politically motivated actions, like opposition to the ousness of purpose of those who have ideal choice for this kind of job. And to nomination of this fine individual and jurist, written and the high quality of the absolutely contrive reasons to persuade will force many of us to seek the Republican people who authored these letters. others to vote against the nominee cre- Party as a viable alternative. I respectfully To me, it is a dark and sad day in the ates a bad feeling and a sense of unfair- request that you support the nomination of Senate if one of its committees, the Ju- ness that is pervading the body.

VerDate Aug 31 2005 03:57 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.072 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9566 CONGRESSIONAL RECORD — SENATE July 19, 2007 Madam President, I have said tion of Leslie Southwick to the Fifth Circuit sissippi Court of Appeals while he served as enough. Court of Appeals. I have known Judge South- an appellate judge there and followed and I ask unanimous consent that the wick for several years while he has been an read not only many of his judicial opinions letters I did read from be printed in the adjunct professor and visiting professor at but his scholarly legal articles as well. He Mississippi College School of Law. As Asso- and I corresponded several times while he RECORD. ciate Dean, Hiring of adjuncts comes under served his country in the current war in Iraq. There being no objection, the mate- my responsibilities for the law school. We One area where we have not worked closely rial was ordered to be printed in the have been honored to have him on our fac- together is in the political arena. I am a life RECORD, as follows: ulty and look forward to a long and bene- long member of the Democratic party at all levels of the political spectrum, namely, STATE OF MISSISSIPPI, MILITARY ficial relationship with him. Our students local, county, state, and federal, and I have DEPARTMENT, OFFICE OF THE AD- likewise hold judge Southwick in highest re- previously served as the Chief of Staff and JUTANT GENERAL, Jackson, MS, gard. Executive Assistant to a former Governor of June 1, 2007. Judge Southwick is a man of highest integrity, honor and intellect. As a judge on the Mississippi who is also a life long Democrat. Hon. PATRICK J. LEAHY, Accordingly, although I am not qualified to Chairman, Committee on the Judiciary, Mississippi Court of Appeals he scrupulously did his judicial duty in following the law in call myself what we affectionately refer to U.S. Senate, Washington, DC. here as a ‘‘yellow dog democrat’’ (because I his judicial opinions. I am greatly dis- Hon. ARLEN SPECTER, have on at least a handful of occasions voted appointed that some have taken the oppor- Ranking Member, Committee on the Judiciary, for a Republican candidate for public office), tunity to try to score political points by U.S. Senate, Washington, DC. it is very fair to say that I have never been characterizing Judge Southwick as intoler- DEAR SENATORS: I am writing you con- a supporter of the Republican party or many cerning Leslie H. Southwick, who serves ant or having ‘‘very fixed, right-wing world of its policies, positions, or, for that matter, under my command as a Lieutenant Colonel view,’’ seeking to imply that he would not be certain Federal judicial nominees submitted in the Mississippi National Guard. During fair and impartial in applying the law. In my to the United States Senate in the past. my tenure as Adjutant General, I have had personal and professional dealings with him, In this context, I have been reading what the pleasure coming to know LTC Southwick I can attest to his fine character. I have not has been said and written about the quali- personally. the slightest doubt regarding his impar- fications of Leslie for this current post, in- LTC Southwick joined the Army Reserve tiality and commitment to fairness. cluding the editorial in yesterday’s New in 1992—obtaining an age waiver to allow Judge Southwick would make an out- York Times, and I can not disagree more him to join; even though he knew from the standing judge for the Fifth Circuit. I know strongly with the personal attacks that are outset his age would necessarily prohibit that the will uphold the law and apply it re- being made against his character, integrity, him from serving long enough to vest a mili- gardless of his personal view on a particular or fitness for office, or about his commit- tary pension. In 1997, then-Captain South- subject. He is a very thoughtful man, a true ment to civil rights for all people regardless wick transferred into the Mississippi Na- scholar. I also know that he is not racist and of their race, color, sex, creed, religion, or tional Guard. does not hold racist views. Such an allega- national origin. It is an abomination that he While LTC Southwick was originally as- tion is ludicrous, insulting, and without should have to experience these unfair and signed to what was then called State Area foundation. unjust personal attacks because they are Command, in 2003, Southwick volunteered to As an example of the regard with which quite simply untrue and cannot be made by transfer into the 155th Separate Armor Bri- Judge Southwick is held by the law faculty anyone who has had the opportunity to gade, a line combat unit. This was a coura- at Mississippi College, he was offered a posi- meet, work, or be around Leslie for even an geous move; as it was widely known at the tion as a visiting faculty member following abbreviated period of time. time that the 155th was nearly certain to his resignation as a judge for the Mississippi In his many years of public service at the mobilize for overseas duty in the near future. Court of Appeals and pending the approval of State and Federal level, Leslie has served his In fact, in August 2004, the 155th mobilized his nomination to the Fifth Circuit. The sug- State and his Nation with honor and distinc- for duty in support of Operation Iraqi Free- gestion to make this offer was made by one tion at sacrifice to his personal gain. I can- dom, as the 155th Brigade Combat Team. of our faculty members, and the rec- didly can think of no one whom I would trust From August 2004 to January 2006, LTC ommendation was unanimously approved by more to carry out the oath of office that he Southwick served on active duty, distin- our faculty. will be required to take and to uphold the guishing himself as Deputy Staff Advocate We have a politically and racially diverse laws and Constitution of the United States if at Forward Operating Base Duke near faculty, but not one note of concern about he is confirmed by the United States Senate. Najaf—and later as Staff Judge Advocate for Judge Southwick’s integrity, fairness, or im- I respectfully urge you to confirm his nomi- the 155th, located at Forward Operating Base partiality was sounded. His appointment to nation. Kalsu. After his service in Iraq, LTC South- our faculty was strongly supported by all of Thank you for considering my views and wick transferred back to Joint Force Head- our faculty members. I might even mention opinions in this matter and for your service quarters, Mississippi National Guard. that his teaching partner for Trial Practice to our Nation. Both before and after his service in Oper- this pass semester is an African American Respectfully submitted, ation Iraq Freedom, LTC Southwick has attorney and former Mississippi Circuit JOHN C. HENEGAN. worked directly with me on numerous mat- Court Judge, and whom Judge Southwick ters of significance to the Guard. I have al- personally recruited to partner with him for HORTMAN HARLOW MARTINDALE ways found his counsel sound, his bearing ex- the course. BASSI ROBINSON & MCDANIEL, emplary, his judgment exceptional and his I hope that you will support the nomina- PLLC, ATTORNEYS AT LAW, character beyond reproach. tion of this outstanding man to the Fifth Laurel, MS, June 6, 2007. While there are many core qualities crit- Circuit. He is an exceptional candidate and Re Nomination of Judge Leslie Southwick to ical to a successful military officer, one at- deserving of confirmation. the United States Fifth Circuit Court of tribute I have found particularly important Sincerely, Appeals. during my many years of service is sound PHILLIP L. MCINTOSH, Hon. PATRICK J. LEAHY, temperament. In that regard, LTC South- Associate Dean and Professional of Law. Chairman, Committee on the Judiciary, U.S. wick has both a considerate and measured Senate, Washington, DC. personality. I can tell you without hesi- BUTLER, SNOW, Hon. ARLEN SPECTER, tation that I have always found LTC South- Jackson, MS, June 6, 2007. Ranking Member, Committee on the Judiciary, wick to treat everyone with whom he comes Re Nomination of Leslie Southwick to the U.S. Senate, Washington, DC. DEAR SENATORS LEAHY AND SPECTER: into contact with both kindness and respect. United States Court of Appeals for the Thank you for the opportunity to offer my I hope you find this information useful, as Fifth Circuit. opinion regarding the nomination of Judge you consider matters coming before your Hon. ARLEN SPECTER, Leslie Southwick to the United States Fifth Committee. Thank you for permitting me Ranking Member, Committee on the Judiciary, Circuit Court of Appeals. the opportunity to correspond with you con- U.S. Senate, Washington, DC. I am a practicing attorney in a small law cerning LTC Southwick. DEAR SENATOR SPECTER: This is written in firm in Laurel, Mississippi. I am also a Lt. HAROLD A. CROSS, support of the nomination of Honorable Les- Col. in the Mississippi Army National Guard. Major General. lie Southwick as a Circuit Judge on the I have known Leslie Southwick by reputa- United States Court of Appeals for the Fifth tion as a practicing attorney and appellate MISSISSIPPI COLLEGE, Circuit. I have known Leslie for over 30 judge and personally for almost ten (10) Jackson, MS, June 4, 2007. years, since August of 1976, when he and I years as a fellow officer in the National Re The Honorable Leslie Southwick. served as law clerks to the Honorable Guard. Leslie Southwick and I also served Hon. Arlen Specter, Charles Clark, then Circuit Judge on the together in Iraq in 2005 with the 155th Bri- Ranking Member, Committee on the Judiciary, Fifth Circuit. I have worked with him profes- gade Combat Team of the Mississippi Army U.S. Senate, Washington, DC. sionally both in that capacity and in connec- National Guard. Therefore, I feel that I am DEAR SENATOR LEAHY: I am writing to you tion with local area bar association activi- qualified to express an opinion about Leslie to express my strong support for the nomina- ties and have also appeared before the Mis- Southwick’s suitability for the Fifth Circuit.

VerDate Aug 31 2005 07:36 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.074 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9567 Leslie Southwick is a superb nominee. He America great. They believed in hard I am proud to be a supporter, a is brilliant, able, dedicated to the profession, work and in faith. They believed the strong supporter, of this legislation be- experienced as a lawyer, judge, military offi- community was there for an important cause it will keep hope alive in Amer- cer, husband and father, well respected reason. They understood, without a ica with the American dream that re- among his peers, thoughtful, fair, hard working, honest, good humored, and patient. In doubt, that education was in fact the sults from the education that is pro- my opinion, he is the finest person you could keystone to success. vided to the people of our great Nation. nominate for the position. I often remember sitting there at the When we look at what is happening Leslie Southwick is also a kind and coura- ranch in southern Colorado, almost 300 today in terms of educational opportu- geous man. As you know, service in a combat miles south of Denver, with a kerosene nities for Americans, it is getting hard- zone is stressful and challenging, often times lamp on the table and the eight sib- er and harder for our young people to bringing out the best or worst in a person. lings around the table and my father access higher education. Madam Presi- Leslie Southwick endured mortar and rocket and mother making sure we were doing dent, 400,000 talented, qualified stu- attacks, travel through areas plagued with our homework. My father would say to IEDs, extremes in temperature, harsh living dents each year—that is 400,000—decide conditions, sometimes bad chow, seeing the all of us: I cannot leave you large they cannot go on to higher education same ugly mugs everyday—the typical stuff ranches or riches, but the one thing I because of economic barriers—400,000 of Iraq. He shouldered a heavy load of reg- can make sure I give to you is an edu- talented young Americans, successful ular JAG Officer duties which he performed cation. It is perhaps because of his young Americans who should have an excellently. He also took on the task of han- teachings and his understanding of the opportunity to go on to higher edu- dling the claims of the numerous Iraqi civil- promise of America that all eight of his cation. ians who had been injured or had property and my mother’s children became part That is what this bill is all about. losses due to accidents involving the U.S. of the American dream. All eight be- This bill is about tearing down those Military in our area of operations. This involved long days of interviewing Iraqi civil- came first-generation college grad- barriers so that these young people, ian claimants, many of whom were children, uates, and today I stand on the floor of these 400,000 talented young people widows and elderly people to determine the Senate as a Senator. I have a have an opportunity to be a part of the whether the U.S. Military could pay their brother, Congressman SALAZAR, who is American dream. claims. Leslie always listened to these Iraqi in the House of Representatives, also When one looks at what has been claimants patiently and treated them with serving our great Nation and serving happening over the last several years the utmost respect and kindness. He did this the State of Colorado. as we have invested and continue to in- not just out of a sense of duty but because he As I think about those educational vest in education, the fact is we have is a genuinely good and caring person. His achievements we have had, it would not invested enough. The fact is, when attitude left a very positive impression on not have happened were it not for the we look at the statistics, while we have all those that Leslie came in contact with, especially, the Iraqi civilians he helped. This promise of America, the programs that invested in educational opportunities in turn helped ease tensions in our unit’s have been created by so many people and access to higher education, the in- area of operations while it was in Iraq and, who came before me. vestment has been a flat investment. ultimately, saved American lives. And, I was on the floor earlier serving as So by the time we take into account throughout his service, he was always cheer- Presiding Officer when Senator general inflation and particularly the ful and encouraging. Adversity and challenge WHITEHOUSE of Rhode Island spoke high rate of inflation in higher edu- bring out the best in him. about Claiborne Pell. It is true that I cation, we have been on a roadway that He has the right stuff for the job—profound was in Rhode Island not so long ago at has been disinvesting in opportunities intelligence, good judgment, broad experi- an event when Senator Claiborne Pell ence, and an unblemished reputation. I know for the young people of America. him and can say these things without res- arrived at this event. He was wheeled If we look at the white lines on this ervation. Anyone who says otherwise simply to the tent, in fact, in a wheelchair. chart, what they show is what the max- does not know him. Someone whispered to me that the per- imum Pell grant has been from 2001 to I understand that the Committee’s vote on son who just arrived on the scene was 2007. We essentially see a flat line Leslie Southwick’s nomination is to take none other than Claiborne Pell. It was across right at about $4,000. place tomorrow and that I need to get this for the first time that I connected the During that same time period, we see letter in to you without delay. Therefore, I dots. I remember going through college what has happened with respect to the will conclude by saying that Leslie South- and receiving Pell grants that allowed cost of education. We have gone from a wick would make an excellent judge for the me the opportunity to go to college. United States Fifth Circuit and that all of point of a little over $8,000 to an aver- your Committee members would look back But I never knew that the term ‘‘Pell’’ age of over $13,000. The gap has in- with pride that they had the wisdom and was somehow associated with someone creased. We had a gap of $5,282 in 2001, good judgment to approve his nomination. who actually sat two desks to my left and today the gap is $8,700. What has You may call me if you have any ques- here at one point in time. That is the happened in the last 5 years, as a good tions. great Senator Claiborne Pell from the friend of mine from the University of Sincerely, State of Rhode Island who came up Michigan calls it, is the disinvestment NORMAN GENE HORTMAN, Jr. with the idea that the promise of in America’s future. What we are doing The PRESIDING OFFICER (Ms. America was somehow embedded in the is taking away opportunities for the KLOBUCHAR). The Senator from Colo- opportunity to receive a good edu- young people of America. The bill be- rado is recognized. cation. fore us today rights that wrong and Mr. SALAZAR. Madam President, I He believed, as many of us here be- puts us in the right direction to invest- thank my good friend, the distin- lieve, that economic barriers should ing in the education of our young peo- guished Senator ROBERT BYRD, for al- not be the reason why someone does ple. lowing me to go first to make a few not advance in higher education. Ev- This legislation is important because comments about the importance of eryone who wants to go into higher it raises the maximum Pell grant to education and the bill we are consid- education should have that oppor- $5,100 next year. It is about time. It is ering on the floor today, the Higher tunity to do so. Yet, somehow today about time we do that. We have waited Education Access Act of 2007. when we look at the reality of Amer- far too long to increase Pell grants for First, when we talk about education, ica, the fact is the educational oppor- young people. it ought not to be lost on any Member tunity that was there for me and hun- Secondly, it provides loan forgive- of the Chamber that educational oppor- dreds of thousands of my generation is ness for those borrowers who serve in tunity is the keystone to success for being slowly taken away from our areas of national interest—those values all of us in America. In my own per- American youngsters. We have been of early childhood education, librar- sonal story, my parents never had an headed in the wrong direction, and it is ians, highly qualified teachers, speech opportunity to go to college or to get a for that reason that this legislation, language pathologists, and others. It college degree. And in my family, which Senator KENNEDY, Senator ENZI, makes sure we provide loan forgiveness though we were poor and we grew up and the members of the HELP Com- for those people who decide to take without a lot of material wealth, they mittee, with a vote of 17 to 3, was jobs to serve others. were rich in spirit and believed in the brought to the floor of the Senate In addition, the program creates a fundamental values that have made today. forgiveness of a balance due on direct

VerDate Aug 31 2005 07:00 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.010 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9568 CONGRESSIONAL RECORD — SENATE July 19, 2007 loans by borrowers who have been pub- is a Federal crime. Let me say that ally so mangled that it is no longer of lic sector employees for 10 years and again. Dog fighting is a Federal crime, any use. How sad, sad, sad. It is put to who have made 120 income-contingent and yet animal welfare officials report death. Even the winner of a dog fight payments on their loans. that dog fighting is more popular today commonly suffers from massive bleed- The legislation also makes Federal than ever. Shame, shame, shame. ing, ruptured lungs, broken bones, or loan payments by student borrowers Hundreds of thousands, if not mil- other life-threatening injuries. contingent by capping payments of 15 lions, of dollars have all been at stake The training of these poor crea- percent of an individual’s income and in the breeding, the training, and the tures—weigh those words—the training allowing those borrowers to have their selling of fighting dogs. How inhuman, of these poor creatures to turn them loans forgiven after 20 years of pay- how dastardly. into fighting machines is simply bar- ments. Two dogs are placed in a pit and baric—barbaric. Let that word resound This is an important issue, particu- turned loose—turned loose—against from hill to hill and from mountain to larly when we see how much debt is each other. How inhuman, how can- mountain, from valley to valley across being put on the saddles of young nibalistic, how sadistic. Let me read this broad land—barbaric. May God Americans as they are graduating from that again. help those poor souls who would be so college and graduate schools. There are Two dogs—God created the dog to be cruel. Barbaric. Hear me. Barbaric. a number of other provisions in this man’s companion—two dogs are placed Such practices as starvation of the legislation that are very important. in a pit—think of that—placed in a pit poor animal to encourage malice, and Finally, with respect to my own and turned loose against each other. beatings to build endurance are com- State of Colorado, I want my own And get this: the fight can go on for mon. It involves teaching the dog to State, as every Senator here, to make hours. The fight can go on for hours. maul by using smaller animals, such as sure we are providing a maximum op- Do you hear me? The fight can go on cats or rabbits or small dogs as train- portunity for young people, and these for hours. The poor dogs literally bite ing bait. The result of this most cruel business programs I mentioned will do that. For and rip the flesh off one another, and reaches beyond the fighting ring itself. the State of Colorado, this means we bets as high as $50,000 are placed. The There are cases of dogs trained to kill will have $320 million more in student brutality goes on until one of the poor that have broken loose and mauled aid over the next 5 years. dogs is seriously injured or killed. So human beings to death. It is reported I am proud of this legislation. I am the poor dog died—died. The dog died. that dog fighters often involve their proud of my colleagues, both Demo- And for that reason, dog fighting is re- children in their bloody activities, with crats and Republicans, on the HELP garded as a blood sport. A blood sport. severe damaging psychological impact. Committee who have brought this leg- While bloody, Madam President, it is What a sin. What a sin. Studies have islation forward. I urge my colleagues hardly a sport. Hardly a sport. revealed that children exposed to dog to support it wholeheartedly as part of It is a brutal, sadistic event moti- fighting develop a greater acceptance making sure that the American dream vated by barbarism of the worst sort of aggressive attitudes and behavior. we live today is a dream that this gen- and cruelty of the worst sadistic kind. They are taught to believe that vio- eration and other generations behind it One is left wondering: who are the real lence—violence—is entertaining, and will be able to achieve. animals—the creatures inside the ring that it is OK to inflict the cruelties Madam President, I yield the floor. or the creatures outside the ring? they have observed. Dog fighting, re- The PRESIDING OFFICER. The Sen- The depravity of dog fighting is a ports the Houston Chronicle, simply ator from West Virginia is recognized. multimillion-dollar business that in- breeds violence. DOG FIGHTING volves training innocent, vulnerable Madam President, as a dog owner and Mr. BYRD. Madam President, for sev- creatures to kill—to kill—and putting a dog lover, I cannot even begin to un- eral days—for several days—the news them in a ring to be killed or to kill for derstand how human beings can be so has been saturated with stories about the entertainment and/or the profit of cruel to man’s best friend. Over the the indictment of a well-known profes- their owners and other spectators. centuries of time, these creatures of sional football player for running a I have seen one individual in my life- God have made a place in our hearts as dog-fighting operation. I am not going time electrocuted in the electric well as in our homes. Dogs have en- to comment on that particular case. chair—in my time. It is not a beautiful dured as our devoted companions. They The man has been accused. He has not spectacle. So I can say I could witness provide important emotional support been convicted. We must wait until all another one if it involves this cruel, sa- to humans so that the mere petting of the facts are in and a verdict is ren- distic, cannibalistic business of train- these social creatures can lower blood dered. The man cited in these recent ing innocent and vulnerable creatures pressure in humans. Get that, Madam news stories is innocent until proven to kill. President? The mere petting of these guilty, and Lord help him if he is prov- Undercover investigators who have social creatures can lower blood pres- en to be guilty in a court of law. We infiltrated the dog-fighting ring have sure in humans. The affection that a must wait for the justice system to run found blood-soaked dogs with life- dog provides is unlimited, unqualified, its course. But the facts are already in, threatening injuries that are left to die and unconditional. Ever the loyal com- and the verdict has already been deliv- as soon as they are no longer able to panion, dogs protect us, assist those of ered. compete. Undercover investigators us with afflictions, and provide hours What is it about? What is it about, have found dogs with ripped ears, torn of enjoyable companionship. Therefore, Madam President? It is about the lips, genitals dangling from their bod- I take great satisfaction in knowing scourge of dog fighting in the United ies, eyes swollen shut, and faces riddled that if the people allegedly involved in States—dog fighting in the United with punctures so severe that they this outrageous business are found States. According to the Humane Soci- were barely able to breathe. How inhu- guilty, they will have to answer to our ety, there are about 40,000 dog-fighting man, how inhuman, how sadistic. judicial system—and may God help operations in the United States. The Dogs that survive a fight often die their souls. Congress has made it a deputy manager of dog-fighting issues days or even hours after the fight from Federal crime to engage in dog fight- for the Humane Society, John Good- blood loss, shock, dehydration, exhaus- ing. man, points out, ‘‘. . . dog fighting is tion, or infection. What a shame. What God, the one, eternal, everlasting at an epidemic level’’ in the United a shame. God, made man caretaker of the Earth. States. It involves urban areas as well If the losing dog survives the ordeal— God gave man the responsibility of as rural areas. It involves all sections get this—it is usually so mangled that tending to the natural world with do- of the country. It cuts across cultures it is no longer of any use and, there- minion over animal life. We honor God and class and other socio and economic fore, it is put to death—put to death. when we treat all of his creatures re- differences. I have seen a human being put to sponsibly and with decency and with Dog fighting continues even though death for killing another human being, respect. all 50 States have laws on the books but why a poor dog—a poor dog? If the The Book of Proverbs in the Holy prohibiting dog fighting. Dog fighting losing dog survived the ordeal it is usu- Bible, King James Bible, tells us:

VerDate Aug 31 2005 03:57 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.076 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9569 A righteous man regardeth the life of his theories. But I do know something The operative word there being beast, but the tender mercies of the wicked about some of the literature that has ‘‘mandatory,’’ not voluntary. are cruel. been written the last couple of years. No. 2. Reduce greenhouse gases at rates The immortal Dante tells us that Di- One thing I remember in particular, and levels identified by international sci- vine justice reserves special places in and this had a profound impact on me, entists at 80 percent by 2050. hell for certain categories of sinners. I is a very simple statement, but it tells No. 3. Take immediate actions to reduce emissions in the short term. am confident that the hottest places in what we are dealing with here. hell are reserved for the souls of sick No. 4. Reduce economy-wide greenhouse I remember reading back in 2005 that gas emissions. and brutal people who hold God’s crea- the percent of the Earth’s surface No. 5. Use a market-based approach to re- tures in such brutal and cruel con- which has been subjected to drought duce emissions while providing some sta- tempt. has doubled since about 1970. So in just bility in the market, specially in the early I yield the floor. about 35 years the percent of the Earth years. The PRESIDING OFFICER. The Sen- No. 6. Balance regional differences in the that had drought has doubled. That sources of greenhouse gases and the solu- ator from Pennsylvania is recognized. alone should tell us what the stakes Mr. CASEY. Madam President, I ask tions. are. We know what drought leads to. It to be recognized as in morning busi- No. 7. Position the United States as a glob- leads to poverty and hunger and star- al leader on climate change while bringing ness. vation and death and darkness. developing countries like China, India, and The PRESIDING OFFICER. Without Mexico to the table. objection, it is so ordered. We know it from our recent history, the catastrophic storms and flooding, No. 8. Hold States accountable for their Mr. CASEY. Madam President, I am own carbon consumption. honored to follow Senator BYRD to the Katrina being an example of that; No. 9. Make major Federal investments in floor. Today, as on so many other days changes in habitat that threaten spe- carbon capture and storage research and in the Senate, we are reminded why he cies and the potential of a mini ice age clean coal technologies. is not only our distinguished colleague in northern Europe if melting ice No. 10. Continue reducing other pollutants that pose threats to public health. from West Virginia, but why he is so sheets disrupt ocean currents; major revered. We thank him for what he ecological changes translating into Guided by these 10 principles, I am a talked about today. major sociopolitical changes. We know cosponsor of three global warming Mr. BYRD. I thank the Senator. various committees in this Senate—the bills. The first is the Global Warming GLOBAL WARMING AND CLIMATE CHANGE Foreign Relations Committee being Pollution Reduction Act introduced by LEGISLATION one—are dealing with this issue as our colleagues, Senator SANDERS and Mr. CASEY. Madam President, I rise well, focusing on the implications of Senator BOXER. I commend my distin- today to talk about one of the most global warming to national security guished colleagues from Vermont and important issues facing our country, and the military readiness of our California for drafting such an impor- our world, and our children. The issue troops. tant bill. I believe their bill will be the is global warming due to climate There are so many examples. Even in starting point for the Senate’s work on change. I know the Presiding Officer Darfur, a terrible horror that we see global warming. This legislation makes has a strong interest in this issue. We unfolding every day—part of that was strong and significant cuts to green- talked about it, and she has with many caused by changes in our environment. house gas emissions. The near-term of her constituents in Minnesota and Drought caused people to move into goal of reducing emissions levels by beyond. I appreciate that commitment. new areas, causing conflict. the year of 2020 to 1990 levels is a good The problem, as you know, is so seri- Consider the implications of wide- start, as is the long-term goal, mean- ous that it could physically and irrev- spread global drought, storms, coastal ing reductions of 80 percent from 2006 ocably change the world in which we flooding, and crop failures among oth- levels by 2050. live. I think we are confronted today ers. We know the scientists must guide us with a moral duty to preserve the envi- Inflicting this future on the children in this work. We must not do any less ronment, not just so we can have clean of the world and the children of Amer- than what the scientists tell us we air to breathe and clean water to ica is unimaginable, and I think unfor- need to do to prevent the catastrophic drink, but because this world that we givable. Yet that is exactly what we changes in the Earth’s atmosphere. live in is in our care for our children are doing if we do not take action, the The second bill I am cosponsoring, and our children’s children—God’s cre- action we must take. The evidence of the Low Carbon Economy Act, intro- ation itself. human-caused climate change is over- duced by Senators BINGAMAN and SPEC- In the State of Pennsylvania we have whelming. Global warming exists, and TER—I applaud them for their work in always held the environment in high human activities are a major factor. putting together a comprehensive and regard. In our State, as in many The evidence—rising average tem- detailed piece of legislation. Many of States, we put it right in our constitu- peratures, melting glaciers, shifts in the things we will debate in this Sen- tion. Article I, section 27 of the Penn- migratory bird patterns—is telling us ate will be critically important to my sylvania Constitution reads as follows: something. It is telling us that we are home State of Pennsylvania. Any cli- The people have a right to clean air, pure failing in our duties as stewards of mate change program must include a water, and to the preservation of the natural God’s creation. number of things: First of all, a de- scenic, historic, and esthetic values of the What shall we do about it? It is a tailed proposal for a cap-and-trade pro- environment. Pennsylvania’s public natural question I have asked and so many oth- gram for carbon credits; second, meas- resources are the common property of all the people, including generations yet to come. ers have asked over the course of many ures to keep our manufacturers com- As trustee of these resources, the Common- months in this Senate and many years. petitive—we must again bring our wealth shall conserve and maintain them for I spent, as did a lot of my colleagues, international trading partners to the the benefit of all the people. many hours talking with what we table—and a commitment to provide That is what our State constitution might call stakeholders. People in the some measure of stability to the new says. As a public official from that manufacturing field, people who might carbon economy. State, albeit in a Federal capacity, I own businesses, labor unions, environ- The third and final bill I am cospon- feel an abiding obligation to give mentalists, scientists—all the way soring is Senator CARPER’s Clean Air meaning to that constitutional direc- down the list of people and groups that Planning Act. This legislation keeps tive through my work in the Senate. have an interest. They are all deter- other hazardous air pollutants at the For all these reasons I firmly believe mined that a national climate change forefront of our decision. Nitrogen ox- we must take action to slow, stop, and program that we develop to combat it ides, sulfur dioxide, and mercury con- reverse our greenhouse gas emissions. must accomplish a number of basic tinue to have deleterious effects on the The United States must stand up as a goals. health of Pennsylvania and America, in leader in the international arena to I will read quickly through about 10 terms of asthma in our children, harm- stop global warming. of them: ful impacts of mercury on early child- I am not a scientist, and I do not Making mandatory greenhouse gas reduc- hood development, and women’s repro- claim to be an expert on scientific tions. ductive health.

VerDate Aug 31 2005 07:00 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.079 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9570 CONGRESSIONAL RECORD — SENATE July 19, 2007 All of this compels us to take action. student aid. That might not sound like riod of these past weeks in the area of Each of these bills does. Each of these a very important undertaking, but it is higher education, we have effectively bills has strengths that must be in- extraordinarily important. When you taken $17 billion from lender subsidies cluded in any climate change proposal try and go through the older applica- in order to give it to students, and we developed by the Environment and tion, as many students have, or fami- have deficit reduction distribution of Public Works Committee and the full lies have, they find it virtually impos- close to $1 billion. Senate. sible to understand. This chart gives a pretty good sum- I have discussed with Chairman We give great credit to my friend and mation about what this legislation is BOXER her legislation. I appreciate her colleague, Senator ENZI and Senator all about. People who are watching this longstanding commitment to getting a REED for their work. We also have pro- program, certainly the Members, now, climate bill to the Senate floor. I com- visions that deal with the issue of ris- after we have had a good discussion mend, as well, I must say, her leader- ing college costs. We deal with the and debate about the program, have an ship on a wide range of environmental funding of students, we deal with ad- awareness of what this program is issues over many years. I thank her for dressing the needs of the neediest stu- about. It is a historic increase in need- her continuing commitment to work dents in this country. We have also based grant aid, the most important in- with colleagues like me so we will be provided opportunity for the elimi- crease in need-based grant aid since the at the table to work on priorities for nation or the forgiveness of indebted- GI bill in World War II. This Nation our country, as well as Pennsylvania’s ness for those who are going to work in reached out to so many of the young priorities in any chairman’s mark on a public service areas for 10 years. That service men and women after World climate bill. is very important. War II, and provided them an oppor- I urge all of my colleagues to join the In the authorization legislation, we tunity to go on to college and earn a call of the thousands of people who have provisions we think can be useful bachelor’s degree. What a difference it have visited Capitol Hill and come to and helpful in terms of the overall cost made for this country in terms of our offices to talk to us about global of education. We support and encour- building the middle class, and in giving warming, not to mention the millions age colleges to publish their tuition hope and opportunity to an entire gen- of Americans who care very deeply and fees, so that there is greater trans- eration. As we have pointed out time about this issue—Democrats, Repub- parency and so that students and fami- and time again, most economists be- licans, and Independents alike, east lies have the knowledge to weigh their lieve for every dollar that was invested and west, north and south. We have no options. So that is enormously impor- in that GI Bill, the World War II GI time to waste when dealing with the tant. The other part of the authoriza- bill, $7 was returned to the Federal problem of this magnitude and gravity tion, which is absolutely called for, are Treasury. We believe that to be true. for our world. what we call the sunshine provisions, This is something the American peo- Madam President, I ask unanimous the ethical provisions. We reform the ple ought to keep in mind. In this legis- consent that I be made a cosponsor of student loan industry, so that it works lation, the $17 billion is not coming the following legislation: S. 309, the better for students—not banks. from the taxpayers. It is money that is Global Warming Pollution Reduction What we have seen over the course of recovered from the lenders in the stu- Act; S. 1766, the Low Carbon Economy our hearings and investigations are in- dent loan program. So we have a his- Act; and, S. 1177, the Clean Air Plan- stance after instance where those who toric increase in the need-based grant ning Act. were involved in the lending aspect of aid in this bill—an increase of over $700 The PRESIDING OFFICER. Without the student loan programs at colleges next year alone for the maximum Pell objection, it is so ordered. and universities, and also in the pro- grant. I yield the floor. grams themselves, have abused the sys- We have better repayment options The PRESIDING OFFICER (Ms. tem. We’ve seen instances where lend- that cap the borrowers’ monthly loan STABENOW.) The Senator from Massa- ers give gifts, such as trips and per- payments to 15 percent of their discre- chusetts is recognized. formance tickets, in order to gain pref- tionary income, discretionary income, Mr. KENNEDY. Madam President, we erential treatment. That’s unaccept- I underline, because that is sensitive to have moved along on the issues in this able, and we’re working to stop those individuals, size of their family, and we bill and have heard from many of our kinds of abuses. are responsive to that. colleagues. We’ve had a good debate We have recommendations in this This takes into consideration the size and discussion. Most of the members of proposal to deal with that very serious of their family, which we think is enor- our Education Committee and Human problem. The members of our com- mously important. We have loan for- Resources Committee have spoken mittee are very strong in terms of giveness for borrowers in public service about this measure with very consider- their support for the reauthorization. jobs. We had an excellent debate and able knowledge and understanding and There are other provisions in the bill discussion earlier in the afternoon with awareness and made a very strong and as well, but the most important are the the Senator from Maryland on that convincing case. ones I have identified. There is strong program, who told us enormously mov- I think we have had very good oppor- bipartisan support for those. ing stories about her own life and oth- tunity to talk in considerable length We know there are members who ers that she knew about. and detail about this proposal. I am wish to address some of those issues in This is a very important provision, going to do a brief summary of this leg- some way. We are glad to have debate the loan forgiveness, for borrowers in islation in a moment and then we will and discussion on those matters. But it public service jobs. We have great need hopefully have our leader come to the is our desire, certainly my desire, I for more professionals in public service floor with a unanimous consent request know Senator ENZI’s desire, that we areas, and we have scores of young peo- so that we may find a pathway to move try and move that authorization pro- ple who are interested in entering toward the reauthorization bill, which posal in a short period of time. We will these fields. Visit any college, as I is very important. have a consent agreement on this have, and talk to the young people, and The bill we’re debating now—the rec- shortly. Hopefully, with that consent the interest of the young people being onciliation bill—deals with a key part agreement, we will be able to conclude involved in local community service of our education system; that is, the the debate on the reconciliation provi- programs, State programs or Federal funding that is the lifeblood of our sions and yield back the time we have, programs in public service is extraor- higher education system. But the au- and start the process of considering dinary. I think it is the highest level of thorization provisions are enormously any of the outstanding amendments. interest and involvement I have seen, important. We have worked very care- Certainly, the Senator from Ala- that I can remember in memory. fully together on the committee and bama’s amendment is a pending The loan forgiveness provision in this we stand in strong support of those amendment and other members have bill helps address the enormous explo- proposals. They deal with some very talked about other amendments. I will sion of student loan debt we’ve seen re- important matters. address that issue in a few moments. cently, which closes out opportunities One is the simplification of the To give a very quick summary of to attend college for far too many FAFSA, the free application for federal what we have tried to do over the pe- Americans.

VerDate Aug 31 2005 05:51 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.080 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9571 We have gone through this in some their free hours are going to be talking graduates had to take out loans. But in detail during the course of the debate. about their subject matter and about 2004, nearly two-thirds had to take out We provided some protection for work- the books they have read, and their loans to finance their education—an ing students by not penalizing their classes and teachers, rather than con- enormous increase. Students are bor- earnings. So often individuals are try- stantly worrying about the payment of rowing more, and this is the indebted- ing to go out and work, they are hard their debt. ness. pressed in terms of their resources that So this is a very major aspect of how I see our leader on the floor. Knowing are available to them and to their fam- we have allocated a major part of the his responsibility, I would be glad to ilies. They go out and earn some extra $17 billion. We have, as every person withhold and make whatever com- money. What happens, in a number of knows who is in this Chamber, and ments I might have after any com- instances, is they exceed the provisions every family knows who is watching ments he would want to make. of existing law and work themselves this, an explosion of costs both at pri- Mr. REID. Madam President, Ben- out of some need-based aid. vate colleges and public colleges. jamin Franklin once said: ‘‘Genius We address that issue. The students We know many students who go to without education is like silver in the are going to go out and work and work these public colleges and the private mine.’’ hard to be able to buy their books, to colleges are young men and women of It is unquestioned that a college edu- be able to afford their living expenses. extraordinary ability and talent; and cation is the single greatest weight on We make sure they are not going to be many of them are also hard pressed fi- the scales of success. penalized for their hard work. We offer nancially. What we have tried to do, al- Yet today, more and more working- longer deferment periods for borrowers though we have not done it up to now, class Americans are shut out from the in economic hardship. We also have ad- is to keep grant aid up with the incred- promise and opportunity of a college ditional consideration for those who ible increase we have seen in the cost. education because the price is out of have served in the Armed Forces of We made a downpayment on that with reach. this country. our increase in the Pell grant max- The Higher Education Access Act is a We had a good review of that pro- imum to $4,310 earlier this year. This bill that will restore that promise to gram with Senator MURRAY late yes- bill goes even further, and raises the hundreds of thousands of American terday afternoon, a very important ad- maximum Pell grant to $5,100 next year students. ditional kind of protection for our serv- and to $5,400 by 2011. Over the past 20 years, the cost of a icemen, particularly those who are on As I mentioned earlier, we have made college education has tripled. Yet the active duty and find out, as we know, some recommendations in the edu- average family’s median income has there are increasing extensions of their cation authorization bill to try and been virtually flat, and Federal student duty. We wish to make sure those indi- deal with costs in the future. We have aid has not kept pace to make up the viduals who are involved in defending seen those costs go up. difference. this country are not bothered or har- This is a very important chart. Each As a result, the goal of higher edu- assed by those who are trying to col- year, nearly half of the lowest-income cation has never been further out of lect their debt. students, who are talented students, reach for many working class students So this provides these benefits at no cannot go to a 4-year college because of and their families. cost to the taxpayer by reforming the cost. We know that 400,000 students Nearly 400,000 students who would student loan industry so it works for don’t attend a 4-year college each year otherwise have the credentials to go to students, not banks. This is not addi- because of cost. These are young people college are shut out because they can- tional money from taxpayers for these who could effectively gain entrance not afford it. programs. This comes from the lenders, into college but cannot go because of Imagine the doors to opportunity from the banks, changing the way that the limitations of income. This is a that a college degree would have of- this whole program works to benefit great loss for this Nation, a great loss fered these students, the benefits to the students in a very important way, for those individuals. It is an incredible our society and the benefits to our and in a way, quite frankly, that actu- loss in terms of our Nation. economy. ally isn’t going to cost the lending We tried, with the need-based aid and Over the course of their lifetime, a agencies that much profit. assistance in this bill, to provide help. college graduate will earn $1 million Even with this particular proposal, We tried through Senator MURKOWSKI’s more than a high school graduate. And we have seen the various CBO reviews, amendment to provide the mechanisms the Department of Labor projects that we have these financial officer state- in the States to reach out to these stu- almost 90 percent of the fastest-grow- ments we have reviewed. These lending dents to assist them, to motivate them ing and best-paying jobs require at agencies, they are going to do very so they will go on to college, and ex- least some postsecondary education. well. We reviewed some of the docu- plain to students the complicated fi- Too many students are losing out on ments of Sallie Mae itself, which point- nancial aid process. That is enor- all that opportunity. And too many ed out the size of their earnings, which mously important. students who do make it to college are are going to be substantial, even with With the work of Senator ENZI and shouldering the burden of more debt the inclusion of this legislation. So we Senator REED, we have simplified the than ever before. do not need to have crocodile tears for form for application for federal aid into In Nevada, we are fortunate that the the lending agencies. We ought to even two pages compared to the current cost to attend one of our fine State strengthen those programs for the stu- form’s eight or nine pages, which are universities is still relatively low. But dents of this country. hardly understandable for many par- even in Nevada, the average graduate So this is the broad form and the ents and students. has almost $17,000 in student loan debt. broad shape of the legislation. When we This is what is happening. This is There is nothing wrong with bor- talk about the need based aid, what we why we are seeing one of our can- rowing money to help pay for college. are talking about basically are the low- didates, Senator Edwards, talking But when that debt reaches an average est-income families. about the two Americas. It is right of tens of thousands of dollars, stu- Pell grants assist 5 million of the here at the breaking point where we dents are buried in debt before they neediest students, 5 million of them find out that half of the college-ready even enter the workforce. who are attending our universities. students, which means that they have The Higher Education Access Act, This is very important help and assist- the academic capability to go on to the bipartisan reconciliation bill that ance. What we see is, as they take ad- college, do not do so because of the we are today debating will help solve vantage of this program, it means they cost. this critical problem. may be able to borrow less. By bor- These are the facts. This is the need. It will do so in a comprehensive way rowing less, they have less monthly This is another way of expressing a by increasing grant aid, expanding the payments and this frees them to be similar point; that is, more students number of students eligible for Federal able to focus on school, so that stu- must take out loans to finance their aid, making loan debt more manage- dents during their breaks and during education. In 1993, less than half of all able, and expanding loan forgiveness

VerDate Aug 31 2005 05:51 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.082 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9572 CONGRESSIONAL RECORD — SENATE July 19, 2007 options for those professions that we program was established in 1965, before about, to allow more people to be edu- all recognize are important to soci- a student loan market even existed. cated. ety—teaching, social work, law en- Back then, the Federal Government I appreciate very much the manner forcement, and health care. had to offer incentives and subsidies to in which this bill has been managed. I The Higher Education Act includes encourage private financial institu- think it is exemplary. It is how a bill three crucial components. tions to provide education loans. should be managed in the Senate. First, the bill includes a significant But times have changed. Today, The PRESIDING OFFICER. Who increase to the Pell grant, which has there is no doubt that the student loan yields time? long been the foundation for Federal market is highly lucrative, and one The Senator from Massachusetts. student aid. need look no further than $225 million Mr. KENNEDY. Madam President, I Twenty years ago, the Pell grant cov- in compensation that the CEO of Sallie thank the leader for his comments and ered half the cost of attendance of a 4- Mae received over a 5-year period to also for scheduling this proposal. It is a year public college. Today, it covers prove this point. clear indication of the priority this less than a third. Yet the Federal Government con- legislation has. We are very grateful In 2000, President Bush campaigned tinues to provide excessive subsidies that we have been able to, hopefully, on a promise to increase the Pell grant, and guarantees to lenders under the complete this whole proposal in terms but for 5 years, it remained at $4,050. FFEL, Federal Family Loan Program. of the funding and the authorization. After years of stagnation, one of the I support the FFEL program Our Mr. REID. Will the Senator yield for first acts of the Democratic Congress State’s oldest university, the Univer- a brief statement? this year was to raise the Pell to $4,310. sity of Nevada Reno, participates in Mr. KENNEDY. Yes. This bill takes the next step, increas- the FFEL Program. Mr. REID. We are going to have a ing the Pell grant to $5,100 next year But without a doubt, the private stu- number of votes that could start in the and to $5,400 in 2012, and makes an ad- dent loan industry is heavily subsidized next half hour or so, whenever the ditional 250,000 students eligible. by the American taxpayer. And, in my managers decide we should start. But Second, the Higher Education Access view, it is past time for the Congress to my goal is to finish the voting tonight. Act caps monthly Federal student loan take a second look at these subsidies. We have this bill started. I would hope payments at 15 percent of a borrower’s This bill does that in a bipartisan, re- we could finish it tonight. We are going discretionary income. This will trans- sponsible, and reasonable way. to give it the college try. All the late to real benefits for graduates. I thank Senators KENNEDY and ENZI amendments that will be offered, we Under this new income-based repay- and the rest of the HELP Committee, are going to vote on them tonight. ment plan, a teacher in Clark County, as well as the chairman of the Budget Many of them will be points of order, a NV who earns about $45,000 a year, Committee, Senator CONRAD, for their 60-vote margin. I would hope people un- would have his or her monthly pay- work in crafting an important piece of derstand these are procedural votes. I ments reduced from $192 to $149, or 23 legislation that meets the reconcili- hope we can dispose of them as quickly percent. ation instructions in the budget resolu- as possible, one way or the other. We This bill also increases the amount of tion. have a lot to do. We have a cloture vote student income that can be sheltered Mr. President, passing the Higher tomorrow on a very important appro- from the financial aid process. The cur- Education Access Act is one of the priations bill. So we are going to move rent levels amount to an unfair ‘‘work most important steps this Congress to that. I hope the distinguished Re- penalty’’ on working, part-time, and could take. I can think of few things publican leader and I can work out ar- community college students, including more important to our country’s future rangements so that we may not even the nearly 58,000 students in my own than opening the door to a college edu- need a vote tomorrow. If we can pro- State who attend a community college. cation for millions of students and ceed to it on Monday, we would do Third, the Higher Education Access unlocking all the opportunity it af- that, whenever we finish education Act expands loan forgiveness options to fords. issues in this next cycle. encourage college graduates to pursue I also want to amplify what I said It is my understanding that there public service and careers in such high this morning about the way this bill may even be something more we could need areas as nursing, teaching, or law has been managed. The two managers do on education Monday. That is not enforcement. of this bill, Senators ENZI and KEN- quite worked out yet, but if it is, I We have a tremendous teaching NEDY, have done an exemplary job. would be happy to work out the sched- shortage in Nevada, particularly in There are some difficult issues to deal ule so that we can continue on edu- Clark County. Clark County is one of with, and they have done it in a grace- cation and perhaps go to the appropria- the fastest growing school districts in ful manner. They have allowed people tions bill either Monday night or Tues- Nation. They are building, on average, to offer amendments and debate what- day sometime. one new school every month. Each ever they feel is appropriate. I would Again, we are going to do everything year, the district needs to hire as many hope that in this little vote-athon we within our power to finish this bill to- as 1,000 new teachers to fill these build- have, which is one of the quirks in the night. I hope it is not going to be a ings. Senate rules—people may offer amend- night like we had Tuesday. I am con- This loan forgiveness program would ments when we are finished—people fident it won’t be, but it could go into erase remaining student debt for new will keep in mind what we are trying the late evening tonight. teachers after 10 years of teaching. to accomplish with this bill. Once this Mr. KENNEDY. Madam President, I The large banks and lenders tell us passes, they will be no longer trying. It want to indicate to the leader that we that the provisions in this bill will im- will really help lots of students to go have a pending amendment, the Ses- pact the benefits that they provide to to school. Things are different than sions amendment. But we have effec- students. But they never tell us what when I was a college student. I could tively ended the debate on education. these so-called benefits really mean for work, as I did and many others did, and The students of this country and the the average student. put myself through school with a little parents of this country ought to know This legislation, on the other hand, scholarship here and there. You can’t that we have done our duty, our re- has clear and tangible benefits for stu- do that anymore. You need, with rare sponsibility. It is going to be those who dents. The savings generated in this bi- exception, student aid. This bill will are going to be offering amendments partisan bill, through modest cuts to allow students more money to be edu- that have nothing to do with educating lender subsidies, are sent right back to cated. the children of this country who are students in the form of $17 billion in As has been said here in the last sev- going to be delaying what is a vital in- new benefits. This would be the largest eral days on many occasions, a person terest to the students and working increase in college aid and student ben- getting a college education will earn families. We have been here, ready to efits since the GI bill. over a lifetime $1 million more than a deal with the amendments. We have a Let me address the issue of lender person with no college education. That pending amendment with the Sessions subsidies. The Federal student loan really says it all. That is what this is amendment. But it ought to be very

VerDate Aug 31 2005 05:51 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.012 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9573 clear to every student who is watching 1642, the higher education extension, the rules, and we even interjected some this program and every parent who is and that when the bill is considered, it new rules. That is in this part. watching that Senator ENZI, myself, be considered under the following limi- There are year-round Pell grants so and our committee—we have done our tations: that there be a total time of 8 students do not have to interrupt their work. We are ready to have final pas- hours of debate on the bill and amend- study when they want to get ready to sage. The House of Representatives has ments, with the time equally divided be in the workforce. There is support acted on this proposal. We are ready to and controlled between Senators KEN- for nontraditional students that we go ahead and get to conference and get NEDY and ENZI or their designees; that have not had before for graduate and these benefits to students. If Members the only amendments in order, other international education. We have fi- of this body have other issues, they than the committee-reported sub- nancial literacy and better borrower ought to consider those at another stitute, be a total of 12 relevant first- information in this part we will be de- time, or in another place. But every degree amendments relative to the bating Monday. We have privacy pro- parent of every child ought to know, matter of S. 1642 and/or the committee- tection in there, which is extremely when we start having these dilatory reported substitute; there would be six important. amendments that are being offered, for each manager, and an additional We have improvements to the Aca- who is offering them and who is delay- managers’ amendment which has been demic Competitive Grants and the ing the most important education pro- cleared by the managers and the lead- SMART grants which encourage stu- gram we have had here in the Senate ers, with no other amendments in dents to get into science and math and since the GI bill in World War II. That order; that upon disposition of all engineering and technology and lan- is what this is about. amendments, the substitute amend- guages and medicine. There is some ad- I thank the leader for both sched- ment, as amended, if amended, be ditional incentive for them to do that. uling this and his willingness to stick agreed to, the bill, as amended, be read There is also the college cost watch with it. We are fine. It is 6 o’clock on a third time, and the Senate proceed to list, which will provide more informa- a Thursday evening. We are glad to passage of the bill. tion to students and to us so we know work, and we are glad to work through Prior to asking approval of this con- what we are doing when we reauthorize tomorrow, Monday, whatever it is. But sent, I want the record to reflect, I love higher education the next time. the American people ought to know, people who write left-handed. I have a There is much more. One of those when these amendments that have son who is left-handed, and there was ‘‘much more’’ is a very important part, nothing to do with education are of- nothing meant to disparage left- which is more money for teacher prepa- fered, who is on the side of the students handers when I said that. ration. Teachers are a key to the edu- and who is on the side of working fami- Mr. MCCONNELL. Reserving the cation system, and they are taken care lies, who is on the side of middle-in- right to object, and I will not object, I of in the reauthorization part of the come families. We have been out here was off the floor when the majority package, not in the reconciliation ready to deal with education amend- leader was talking about the measure package. So it is very important to get ments. We have one that is pending. we are on at the moment. Let me just both of them done. I am so pleased we But the idea that they are going to use indicate that there will be a number of have been able to arrive at a unani- this as some kind of vehicle to tack on amendments. I think our colleagues mous consent agreement to do both of every single amendment to cause what ought to stay relatively close to the them. they consider to be difficult political floor when we get into a series of We will finish this one up. I will votes, they are basically insulting the amendments. I share the majority lead- make a few comments. We will be families of this country who know how er’s view that hopefully we will finish ready to yield back time and get on important this issue is. that bill tonight. But I do think it with the vote-o-rama. Make no mistake about it, we will would be a good idea for people to stay I wish to echo the sentiment that the know very soon who is on the side of close to the Chamber when we get into amendments are rather limited. I hope the students and who is not. the so-called vote-o-rama. that is the case. I think the amend- The PRESIDING OFFICER. The dis- With regard to the consent agreements that were really pertinent to the tinguished majority leader. ment, I have no objection. reconciliation bill have probably al- Mr. REID. Madam President, we are The PRESIDING OFFICER. Without ready been put out there. There may be now waiting for the distinguished Re- objection, it is so ordered. a couple of others, but I am hoping we publican leader to come. As further The Senator from Wyoming. do some things that are pertinent to evidence of your good work, we have a Mr. ENZI. Madam President, I am so this reconciliation so we can get that unanimous consent request here that pleased at what just happened here. We wrapped up and get the reauthorization will allow us to move Monday to the have an important part of higher edu- done so that higher education in this higher education extension which is so cation in a reconciliation bill. In every country will function the way we envi- important. I, frankly, am elated that speech I have made since we started sion it. It is always on a good path. It this is going to happen. This is a gift this yesterday, although it seems like can be better. These two bills make it for the American people. I certainly weeks ago, there was a second part better. hope the Senate understands how im- that is actually a bigger part. There is The reconciliation bill, of course, re- portant it is that the two of you have a whole puzzle, and we are taking care duces subsidies to lenders by $18.5 bil- worked this out. This is really remark- of the little red triangle there in the lion and provides $17.6 billion for stu- ably good. reconciliation bill, but there is a lot dents benefits. This legislation, cou- Again, we are waiting for the distin- more to higher education that we need pled with the Deficit Reduction Act guished Republican leader. to do. We came close to getting some passed 2 years ago, will result in $40 I suggest the absence of a quorum. done a year ago, but we didn’t quite get billion in changes to Federal student The PRESIDING OFFICER. The there. The system kind of failed for the loan programs. clerk will call the roll. students. Now we have the chance, and I am pleased we have come to an The bill clerk proceeded to call the we are going to do it on Monday. We agreement that will allow the rest of roll. are going to take care of that bigger the reauthorization of the Higher Edu- Mr. REID. I ask unanimous consent part, the yellow part there, which is cation Act to be considered on the floor that the order for the quorum call be the reauthorization. of the Senate with limited relevant rescinded. We have talked about this financial amendments and a limited amount of The PRESIDING OFFICER. Without aid form simplification—and even time. The bill before us today focuses objection, it is so ordered. showed the multiple pages that are on a narrow slice of the Higher Edu- UNANIMOUS CONSENT AGREEMENT—S. 1642 currently required—bringing that down cation Act. As I mentioned, it will give Mr. REID. Madam President, I ask to one page. That is in there. We have us a chance to do the entirety of the unanimous consent that at 2 p.m. Mon- talked about the need for better loan Higher Education Act, which will en- day, July 23, the Senate proceed to disclosure for financial institutions, sure the continued quality of our high- consideration of Calendar No. 264, S. the need to do a better job of following er education system.

VerDate Aug 31 2005 07:00 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.084 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9574 CONGRESSIONAL RECORD — SENATE July 19, 2007 Now, as I mentioned, this is the sec- I also thank the members of Senator of whom will be named conferees, and, ond time in as many Congresses we KENNEDY’s staff for their hard work: of course, Senator ALEXANDER and Sen- have been on the brink of systemic re- Michael Myers, who is doing a mar- ator DOMENICI, who were really the form. We are going to make it through velous job of coordinating with us; Car- leaders on our side, in conjunction with the reform this time. I am so pleased at mel Martin; J.D. LaRock; Missy Rohr- Senator BINGAMAN, in developing this that. The students of America, what- bach; Emma Vadehra; Erin Renner; important bipartisan legislation. ever age, will benefit from this legisla- Raquel Alvarenga; and David Johns. Senator ALEXANDER kept pushing tion. We talk about the need for edu- Finally, I thank all the members of others forward. But, in fact, we all cation from the time you are born the HELP Committee and their staffs knew who the real leader on our side until the time you retire. We have for all their hard work throughout this was on this issue. He, in a very selfless some other pieces yet that we need to process. It has been hard work making way, helped move a bipartisan group do, such as the Workforce Investment sure everybody had an understanding together to form this important legis- Act, but we are on course to get that of all of these difficult issues and get- lation. I commend Senator ALEXANDER done too. ting us to this point. in particular for the role he played in The American system of higher edu- So again I thank the chairman for all of this. cation is renowned throughout the his hard work and cooperative work to The PRESIDING OFFICER. Is there world. America’s students will now be be able to get this done for the kids of objection? provided with the tools and assistance America. Without objection, it is so ordered. contained in both bills to complete I yield the floor. The bill (H.R. 2272), as amended, was their higher education and training to The PRESIDING OFFICER (Mr. NEL- read the third time and passed. acquire the necessary knowledge and SON of Florida). The majority leader is The Presiding Officer appointed Mr. skills to be competitive in a 21st-cen- recognized. BINGAMAN, Mr. INOUYE, Mr. KENNEDY, tury economy. f Mr. LIEBERMAN, Ms. MIKULSKI, Mr. I supported reporting both bills out KERRY, Mr. NELSON of Florida, Mr. AMERICA COMPETES ACT of committee. I did ask they be consid- DOMENICI, Mr. STEVENS, Mr. ENZI, Mr. ered together and had that expecta- Mr. REID. Mr. President, there is a ALEXANDER, Mr. ENSIGN, and Mr. COLE- tion. So I am very pleased that the lot of good news today legislatively. MAN conferees on the part of the Sen- Senate Democratic leader has worked I now ask unanimous consent that ate. with us and provided an opportunity to the Senate proceed to the consider- The PRESIDING OFFICER. The Sen- have an open and full debate on the as- ation of Calendar No. 159, H.R. 2272, the ator from Massachusetts. pects of the Higher Education Act. House competitiveness bill; that all Mr. KENNEDY. Mr. President, I join As debate on this bill comes to a after the enacting clause be stricken the two leaders in thanking our col- close, it is necessary to thank those and the text of the Senate companion, leagues and thank them for moving who worked long and hard on this bill. S. 761, as passed by the Senate, be in- this process forward in naming these First and foremost, I thank Chairman serted in lieu thereof; the bill be read a conferees on the America COMPETES KENNEDY. The bill we will be doing third time and passed, the motion to Act. I wish to underline the excellent Monday is virtually a bill the two of us reconsider be laid on the table, the work that was done under the bipar- worked out last year, for which we got Senate insist on its amendment, re- tisan leadership of Senator BINGAMAN to that brink of getting done, and then quest a conference with the House, and and Senator ALEXANDER, and the other it did not get done. So now we are pre- the Chair be authorized to appoint con- members of our committee. They have senting it again. I thank him for his ferees. worked long and hard on this legisla- commitment to keeping this process Mr. President, let me say this is the tion. bipartisan. end of a long haul to do a bill that is A very distinguished leader in busi- Education is bipartisan. There is no extremely important. This is a bipar- ness, Norm Augustine—who has been partisanship in that. I think that will tisan bill. There are a number of people the head of many of our defense indus- be displayed throughout the process. who have worked extremely hard on tries and is a real statesman in terms And I appreciate his working with me this legislation but no one harder than of defense policy—was enormously im- and my Republican colleagues on the Senators BINGAMAN and ALEXANDER. I portant in helping guide the bipartisan HELP Committee throughout this en- apologize for only mentioning their group, to get recommendations from tire process. We have a different proc- names. I am sure there are many oth- the National Academy of Sciences, the ess than some of the other committees. ers who worked just as hard as they National Academy of Engineering, the We use the markup to kind of find the did. I remember they were the first two National Science Foundation, and oth- direction, the intent and the intensity who talked to me about it, and there ers, to help prepare this legislation, of the feelings on the issue, and then has been a lot of time spent on this leg- and to make recommendations to the we actually keep working with people islation. House and the Senate. through that time to either correct the It is a bill that was passed in the This is an enormously important ef- situation or to get an understanding of Senate with little opposition. I am so fort to ensure that the United States what it is we are really doing. Some- happy we can now go to conference. can continue to be competitive in the times that even requires coming up The House has already passed some- world economy for years ahead. I think with a third way. But that is what has thing. We can come back with a bill this is a very solid and important bi- happened in both of these bills, and it that I think will really help produc- partisan effort. I join with our two gets us to this point. tivity in our country and help the edu- leaders, thanking them for their rec- Now, it involves a tremendous cational aspects of students, especially ommendations in terms of conferees, amount of work on the part of mem- in the scientific fields. and join in commending the bipartisan bers of the committee, but it also in- The PRESIDING OFFICER. Is there effort that has seen this as continuing volves a tremendous amount of work objection? progress. by our staff. They work through week- The Republican leader is recognized. f ends. They work late into evenings try- Mr. MCCONNELL. Mr. President, re- ing to resolve a lot of these things so it serving the right to object—and I will COLLEGE COST REDUCTION ACT can get to the decision at the Member not object—there have been a number OF 2007—Continued level. of people on both sides of the aisle who Mr. KENNEDY. Mr. President, I So I particularly thank Katherine have been deeply invested in this think with the consent agreement we McGuire, my legislative director; Beth America COMPETES Act. Several of are prepared to yield back the time we Beuhlmann, who heads up the edu- them will be shortly announced by the still have. I want to join, first of all, in cation shop; Ann Clough; Adam Chair as conferees. thanking my friend and colleague from Briddell; Amy Shank; Ilyse Schuman; Particularly, I want to single out Wyoming, as I did in the opening of the Greg Dean; Kelly Hastings; and Lind- Senator STEVENS, Senator ENZI, Sen- discussion and debate on education. say Hunsicker. ator ENSIGN, and Senator COLEMAN, all This reauthorization legislation—the

VerDate Aug 31 2005 07:00 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.086 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9575 one we will consider on Monday—is leg- Wyoming in the hope we will not ex- going to say that if there was a sub- islation that had Senator ENZI’s name tend these amendments that have no stantive debate, we are prepared to on it until the change in the makeup of relevance to the education of the offer several second-degree amend- the Senate. We had worked on it in a young people in this country. They are ments. I hope I don’t have to do that bipartisan way. I think with the excep- entitled, I believe, to the kind of re- because I agree with the Senator from tion of the ethical issues, which have spect they should receive with an im- Massachusetts that we are dealing with been developed more recently, it is by portant piece of legislation that has higher education now, a very impor- and large a reflection of a really strong been bipartisan, it has been worked tant issue, and I think we should keep bipartisan effort, as our reauthoriza- through, and reflects the Nation’s judg- it clean and move forward. But if some- tion on the Head Start Program is as ment in terms of understanding the im- thing else evolves, we are prepared to well. portance young people can play and offer several second-degree amend- That is the way we worked when Sen- must play in our country and in our de- ments. ator ENZI was the chairman. We have mocracy, in our economy and in our Mr. KENNEDY. Mr. President, I tried to follow that pathway. As he national security. This legislation de- thank the Senator for his very impor- mentioned, there has been a long his- serves, I believe, to have a quick and tant contributions during the develop- tory of leaders in education who work speedy passage. ment of this legislation and his excel- on a bipartisan basis in the Senate, Mr. DORGAN. Mr. President, will the lent statement on the floor. going back with the Republicans with Senator yield for a question? I am prepared to yield back the time, Senator Stafford and with our friend Mr. KENNEDY. I am glad to yield. if my colleague is prepared to yield Claiborne Pell, as well as Judd Gregg Mr. DORGAN. Let me thank the back. I think also for any amendments, when he was chairman of the com- chairman and ranking member for can we request that we have the oppor- mittee. their work. I would like to understand, tunity for 2 minutes of debate on any So we want to see this passed. Hope- as we apparently go into some votes, amendment that is going to be offered fully, by Tuesday sometime, we will be what the requirements and cir- to be evenly divided. Furthermore, I able to look back on these past days cumstances are. There is no limitation ask unanimous consent that after the and see a job well done. But we still on amendments at this point as I un- first vote, the time on each succeeding have work to do. derstand it; is that correct? amendment be limited to 10 minutes. I want to take a moment of time, Mr. KENNEDY. The Senator under- The PRESIDING OFFICER. Is there though, to join in thanking the staff. stands correctly. objection? Senator ENZI has said it so well. There Mr. DORGAN. Let me ask, under rec- Without objection, it is so ordered. has been tireless work and a real will- onciliation, I have watched the pro- Mr. KENNEDY. Mr. President, if it is ingness to find common ground. These ceedings this afternoon, and I have all right with the Senator from Wyo- staffs have worked very closely with heard discussions on the amendments ming, we would indicate the first vote all of us. These issues are of prime con- that have nothing to do with this sub- then would start at 6:30. I see the lead- cern to every member of our com- ject and are far afield. Is there a ger- er. That gives people at least some no- mittee. Every member of our com- maneness test with respect to amend- tice, if that would be agreeable. The PRESIDING OFFICER. Is there mittee is involved in these education ments on the reconciliation portion of objection? issues. We have good exchanges on this bill? Without objection, it is so ordered. that, and they have all been interested Mr. KENNEDY. Yes, there is. So Mr. KENNEDY. Mr. President, with for a long period of time. there will be points of order raised on the first vote to begin at 6:30 then, we But I wish to thank, certainly, on my amendments where those points of have 8 remaining minutes. I am glad to staff Michael Myers, who heads our order should be raised. divide that with the Senator from Wyo- committee staff and does such a won- Mr. DORGAN. If I might, let me ming. Does the Senator from Alabama derful job, Carmel Martin, and Missy thank again the chairman and the wish to be—I would be glad to divide Rohrbach. Missy even managed to get ranking member. My hope is we will that time with the Senator from Ala- married during this period of time. I deal with those amendments that deal bama, if he wishes to speak on his don’t know how she found that time. with the education of the children in amendment. J.D. LaRock, Erin Renner, Emma this country and move on and finish Mr. SESSIONS. I would be pleased. Vadehra, David Johns, Liz Maher, this bill. There will be plenty of other Mr. KENNEDY. I ask unanimous con- Parker Baxter and Nick Bath. For Sen- opportunities to address subjects well sent that we divide the time, the 8 min- ator ENZI, Katherine McGuire and Ilyse beyond that. I appreciate their work, utes. Schuman and Greg Dean, Beth and I hope we can finish this in due The PRESIDING OFFICER. Without Buehlmann and Ann Clough, Adam course. objection, it is so ordered. Briddell and Lindsey Hunsicker. There Mr. KENNEDY. I thank the Senator The Senator from Alabama is recog- are many others, and I will include because this is important legislation. nized. those as we go through the evening. There are a lot of other items which all Mr. SESSIONS. Mr. President, the Mr. President, I was concluding the of us are concerned about that the Sen- provision in this bill that creates an earlier remarks but I think many of ate should address. But we have had entirely new loan forgiveness program our Members are ready to move ahead good discussions, good debate. This is for Government public service workers now. very important legislation, and it re- I believe is unprincipled and can only The other major provisions of this flects the best judgment of the mem- get worse in the years to come. Actu- legislation were the loan forgiveness bers of our committee and I think the ally, it has some pernicious aspects to for those in public service for 10 years, Senate as a whole as well. Hopefully, it. the ceiling on loan payments so they we can get it passed. For example, it says if you are any don’t exceed 15 percent of monthly in- Mr. ENZI. Will the Senator yield for Government worker or social service come, which assist people in repaying a question? worker, it appears that as long as you their loans in a responsible way. It is Mr. KENNEDY. I yield. are not in the private sector, after 10 very solid legislation. It is good legis- Mr. ENZI. Is the Senator going to be years, the Government will forgive lation. As I mentioned earlier, it de- yielding back and then propounding a your loan debt. I think that is an odd serves to be passed. We know the House request for 1 minute on each side on thing for us to do, to have that many is ready to move forward together on each amendment and 10 minutes after people have their loans forgiven. this bill. They have addressed this the first vote? I think, No. 1, when people go to col- issue in the committee and they are Mr. KENNEDY. Yes, I will. lege and they make up their mind ready to move ahead. I think the coun- The PRESIDING OFFICER. The Sen- about how they are going to pay for try is ready for us to move ahead. ator from Vermont has a question for college and whether they will work, As we have been willing and able to the Senator from Massachusetts. this will be an inducement for people deal with education issues, I join in the Mr. SANDERS. My question was not to work and to borrow; it will en- plea of my friend and colleague from similar to Senator DORGAN’s. I was courage borrowing for loans. No. 2, it

VerDate Aug 31 2005 05:51 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.088 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9576 CONGRESSIONAL RECORD — SENATE July 19, 2007 does not have any limit on the amount million. Alabama does exceedingly provide some relief annually, up to of money involved, so those who go to well, and that is under the need-based $732, but if that teacher is a starting more expensive colleges will obviously provisions of this program, the need- teacher in Massachusetts, at the end of get more of the taxpayers’ money than based provisions of this program. 10 years of working with students in those who don’t go to more expensive The Senator from Alabama has the public school system, they are colleges in terms of the loan forgive- raised I think three important points, going to get some loan forgiveness. ness. I think that is not a healthy and they should be addressed. First of They are going to get a $10,000 for- thing. all, the loan forgiveness is applicable giveness. This is not taxpayer money, Eighty percent of the colleges and to those who are on the Direct Loan Mr. President; this is the lenders’ universities in America don’t use the Program or those who are on the Pell money. I hope the amendment will not Direct Loan Program. Eighty percent Grant Program. That is spelled out on be accepted. do not. You don’t get this loan forgive- page 14 of the legislation. That is I ask for the yeas and nays. ness unless you are part of the Direct spelled out on page 14. The PRESIDING OFFICER. Is there a Loan Program, or consolidate your Secondly, there is a cap—spelled out sufficient second? There is a sufficient loans with it. I think that is an odd on page 30, that requires the borrower’s second. bias in the system that I am not com- annual adjusted gross income or an- The question is on agreeing to the fortable with. So I will say, again, I nual earnings to be less than or equal amendment. The clerk will call the think this is creating a new bureauc- to $65,000 for eligibility. So if they roll. racy, an unwise way to help workers. I make more than $65,000, there is no The bill clerk called the roll. would suggest if we want to help peo- loan forgiveness. So this is for those in- Mr. DURBIN. I announce that the ple, we should expand our Pell grants— dividuals who are working—the work- Senator from South Dakota (Mr. JOHN- as we have dramatically and I sup- ing middle class and the working poor. SON) and the Senator from Illinois (Mr. port—and the loan programs in general Third, we believe, as this chart OBAMA) are necessarily absent. but not to target a forgiveness program points out, that there is a value in Mr. LOTT. The following Senator is to people who have been working for terms of public service employment. necessarily absent: the Senator from the Government for 10 years who are We have heard the announcement Kansas (Mr. BROWNBACK). probably better able to pay off the loan about the COMPETE Act and about The PRESIDING OFFICER. Are there than they were the first 2 or 3 years those who are going to go to conference any other Senators in the Chamber de- they started to work. It doesn’t make on the COMPETE Act. That bill ad- siring to vote? The result was announced—yeas 42, sense to me. I don’t like this new pro- dresses math and science education and nays 55, as follows: gram and all its ramifications. many other important areas. Try to I think our focus should be on Pell find a good math teacher to serve the [Rollcall Vote No. 257 Leg.] grants, on improving the loan program public schools of Boston—it’s ex- YEAS—42 for everybody equally, and I don’t tremely difficult—a good science Alexander Crapo Lott teacher, a good chemistry teacher to Allard DeMint Lugar think the plumber who is taking busi- Barrasso Dole Martinez ness courses so he might one day run work in a high-need school. Try to find Bennett Ensign McCain his own business, or the nurse who is individuals who are going to work with Bond Enzi McConnell advancing her skill level so she might the disabled population. Increasingly, Bunning Graham Roberts we are finding challenges in meeting Burr Grassley Sessions one day reach a higher level of pay, Chambliss Gregg Shelby that one ought to be favored over the the needs of our elderly population so Coburn Hagel Stevens other. they can have independent living. We Cochran Hatch Sununu I strongly believe our resources have listed the range of what we con- Collins Hutchison Thune Corker Inhofe Vitter should be directed to overall strength- sider to be public service fields in this Cornyn Isakson Voinovich ening of the loan program and not fo- bill, and it is extensive. There is enor- Craig Kyl Warner mous need in America. There is an cusing on just Government employees. NAYS—55 enormous desire of young people to I am not putting down Government Akaka Feingold Nelson (FL) employees, but I will ask you about work in those areas. The principal bar- Baucus Feinstein Nelson (NE) two Government employees, one who rier is their indebtedness. They know Bayh Harkin Pryor goes to a community college and works that if we provide some help and assist- Biden Inouye Reed ance, which this legislation does, to Bingaman Kennedy Reid their way through and ends up with no Boxer Kerry provide some forgiveness, if they work Rockefeller debt and another one who incurs a good Brown Klobuchar Salazar bit of debt, one gets benefits under this 10 years—10 years—10 years they have Byrd Kohl Sanders Cantwell Landrieu to work in these areas in order to be el- Schumer program, whereas the other one Cardin Lautenberg Smith doesn’t. I don’t think that is a good igible for some forgiveness. That is Carper Leahy Snowe principle. I think that is hard to de- what the amendment of the Senator Casey Levin Specter fend. from Alabama wants to eliminate. Clinton Lieberman I have mentioned many times, and in Coleman Lincoln Stabenow How much time remains? Conrad McCaskill Tester The PRESIDING OFFICER. The Sen- traveling around to schools and col- Dodd Menendez Webb ator has 17 remaining seconds. leges in my State of Massachusetts, Domenici Mikulski Whitehouse Mr. SESSIONS. I thank the Chair, the number of young people who want Dorgan Murkowski Wyden Durbin Murray and I thank Senator KENNEDY. I know to do public service and work and make the bill does do some good things with a contribution to their community, to NOT VOTING—3 regard to Pell grants and to focusing their local communities, to their State Brownback Johnson Obama more of our loan money on some of the or to the country. We were reminded The amendment (No. 2333) was professions and areas of our economy earlier today by the excellent state- rejected. that need more students involved, so I ment of the Senator from Maryland the Mr. KENNEDY. I move to reconsider salute that. difficulty in getting law enforcement the vote. I yield the floor. people to work in many of the areas in Mr. DORGAN. I move to lay that mo- The PRESIDING OFFICER. The Sen- the communities in Baltimore. There tion on the table. ator from Massachusetts. are important public responsibilities The motion to lay on the table was Mr. KENNEDY. Mr. President, I un- and services. We have a generation of agreed to. derstand we have 4 minutes. Earlier in young people who are prepared to do it. The PRESIDING OFFICER. The Sen- the day, we had a good exchange with The principal thing that is blocking ator from Massachusetts. the Senator from Alabama. I pointed them is the limitation on their sala- Mr. KENNEDY. Mr. President, I un- out that Alabama, under this legisla- ries. As we have seen, this chart gives derstand the Senator from Wyoming tion, gets an additional $442 million you a pretty good example. A starting has an amendment we are going to over the next 5 years in grant aid. My salary for teachers is $35,000, and the hopefully accept on a voice vote, if it is own State of Massachusetts gets $317 loan debt is $18,000. What this will do is the way I understand it to be.

VerDate Aug 31 2005 07:00 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.090 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9577 The PRESIDING OFFICER. The Sen- free speech. It will prohibit the FCC Harkin Lieberman Reid Inouye Lincoln Rockefeller ator from Wyoming. from reinstituting the fairness doc- Kennedy McCaskill Salazar Mr. ENZI. On behalf of Senator COLE- trine. Kerry Menendez Sanders MAN, I send an amendment to the desk. At the end of the day, there is noth- Klobuchar Mikulski Schumer Mr. COLEMAN addressed the Chair. ing fair about the fairness doctrine. Kohl Murray Stabenow Landrieu Nelson (FL) Tester The PRESIDING OFFICER. The Sen- This issue is not which broadcaster is Lautenberg Nelson (NE) Webb ator from Minnesota. fair and which is not. The issue is who Leahy Pryor Whitehouse AMENDMENT NO. 2334 decides. I believe fairness is what the Levin Reed Wyden Mr. COLEMAN. Mr. President, I call American public decides is fair, not NOT VOTING—3 up amendment No. 2334. some Washington politician or bureau- Brownback Johnson Obama The PRESIDING OFFICER. The crat. Americans love a fair fight, but The PRESIDING OFFICER. On this clerk will report. there is nothing fair if the intent is to vote, the yeas are 49, the nays are 48. The legislative clerk read as follows: silence debate because a politician dis- Three-fifths of the Senators duly cho- The Senator from Minnesota [Mr. COLE- agrees with it. sen and sworn not having voted in the MAN], for himself, Mr. INHOFE, Mr. DEMINT, I ask for my colleagues to support affirmative, the motion is rejected. Mr. THUNE, Mr. MCCONNELL, Mr. CORNYN, Mr. this amendment. ISAKSON, Mr. ALLARD, Mr. CRAIG, Mr. LUGAR, The point of order is sustained and the The PRESIDING OFFICER. The Sen- amendment falls. Mr. ROBERTS, Mr. GRAHAM, Mrs. HUTCHISON, ator from Massachusetts. Mr. COCHRAN, Mr. HAGEL, Mr. GREGG, Mr. EN- The Republican leader. SIGN, Mr. MCCAIN, Mr. BENNETT, Mrs. DOLE, Mr. KENNEDY. Mr. President, this AMENDMENT NO. 2351 TO AMENDMENT NO. 2327 Mr. BROWNBACK, Mr. ALEXANDER, Mr. CRAPO, has nothing to do with the underlying (Purpose: To express the sense of the Sen- Mr. BUNNING, and Mr. CORKER, proposes an legislation. Young children in this ate on the detainees at Guantanamo Bay, amendment numbered 2334. country want this legislation, and this Cuba.) amendment has nothing to do with it. Mr. COLEMAN. Mr. President, I ask Mr. MCCONNELL. Mr. President, I unanimous consent that the reading of The pending amendment is not ger- send an amendment to the desk and the amendment be dispensed with. mane. Therefore, I raise a point of ask for its immediate consideration. The PRESIDING OFFICER. Without order pursuant to sections 305(b)(2) and The PRESIDING OFFICER. The objection, it is so ordered. 310(e)(1) of the Congressional Budget clerk will report. The amendment is as follows: Act and ask for the yeas and nays. The legislative clerk read as follows: The PRESIDING OFFICER. The (Purpose: To prevent the Federal Commu- The Senator from Kentucky [Mr. MCCON- nications Commission from repromul- question is premature. No motion has NELL] proposes an amendment numbered gating the fairness doctrine) been made. 2351. At the end of the bill, insert the following: Mr. COLEMAN. Mr. President, pursu- At the appropriate place, insert the fol- SEC. llll. FAIRNESS DOCTRINE PROHIBITED. ant to section 904 of the Congressional lowing: (a) SHORT TITLE.—This section may be Budget Act of 1974, I move to waive the SEC. ll. SENSE OF SENATE ON THE DETAINEES cited as the ‘‘Broadcaster Freedom Act of applicable sections of that act for the AT GUANTANAMO BAY, CUBA. 2007’’. purposes of the pending amendment, (a) FINDINGS.—The Senate makes the fol- (b) FAIRNESS DOCTRINE PROHIBITED.—Title lowing findings: III of the Communications Act of 1934 is and I ask for the yeas and nays. (1) During the War on Terror, senior mem- amended by inserting after section 303 (47 The PRESIDING OFFICER. Is there a bers of al Qaeda have been captured by the U.S.C. 303) the following new section: sufficient second? United States military and intelligence per- ‘‘SEC. 303A. LIMITATION ON GENERAL POWERS: There is a sufficient second. sonnel and their allies. FAIRNESS DOCTRINE. The question is on agreeing to the (2) Many such senior members of al Qaeda ‘‘Notwithstanding section 303 or any other motion. The clerk will call the roll. have since been transferred to the detention provision of this Act or any other Act au- The legislative clerk called the roll. facility at Guantanamo Bay, Cuba. (3) These senior al Qaeda members de- thorizing the Commission to prescribe rules, Mr. DURBIN. I announce that the regulations, policies, doctrines, standards, or tained at Guantanamo Bay include Khalid other requirements, the Commission shall Senator from South Dakota (Mr. JOHN- Sheikh Mohammed, who was the mastermind not have the authority to prescribe any rule, SON) and the Senator from Illinois (Mr. behind the terrorist attacks of September 11, regulation, policy, doctrine, standard, or OBAMA) are necessarily absent. 2001, which killed approximately 3,000 inno- other requirement that has the purpose or Mr. LOTT. The following Senator is cent people. effect of reinstating or repromulgating (in necessarily absent: the Senator from (4) These senior al Qaeda members de- whole or in part) the requirement that Kansas (Mr. BROWNBACK). tained at Guantanamo Bay also include broadcasters present opposing viewpoints on The PRESIDING OFFICER (Mr. Majid Khan, who was tasked to develop plans controversial issues of public importance, to poison water reservoirs inside the United commonly referred to as the ‘Fairness Doc- SANDERS). Are there any other Sen- States, was responsible for conducting a trine’, as repealed in General Fairness Doc- ators in the Chamber desiring to vote? study on the feasibility of a potential gas trine Obligations of Broadcast Licensees, 50 The yeas and nays resulted—yeas 49, station bombing campaign inside the United Fed. Reg. 35418 (1985).’’. nays 48, as follows: States, and was integral in recommending Mr. COLEMAN. Mr. President, this [Rollcall Vote No. 258 Leg.] Iyman Farris, who plotted to destroy the Brooklyn Bridge, to be an operative for al bill is about educating young people. YEAS—49 Qaeda inside the United States. Let them have unfettered access to in- Alexander DeMint McCain (5) These senior al Qaeda members de- formation. This bill would prohibit the Allard Dole McConnell tained at Guantanamo Bay also include Abd Government from monitoring ideas on Barrasso Domenici Murkowski al-Rahim al-Nashiri, who was an al Qaeda Bayh Ensign Roberts our public airwaves and penalizing Bennett Enzi operations chief for the Arabian Peninsula Sessions and who, at the request of Osama bin Laden, broadcasters who don’t meet the Gov- Bond Graham Shelby orchestrated the attack on the U.S.S. Cole, ernment’s definition of fair and bal- Bunning Grassley Smith anced. There is a reason why our first Burr Gregg Snowe which killed 17 United States sailors. Chambliss Hagel Specter (6) These senior al Qaeda members de- amendment is freedom of speech be- Coburn Hatch Stevens tained at Guantanamo Bay also include cause all freedoms are at risk when Cochran Hutchison Sununu Ahmed Khalfan Ghailani, who played a Government monitors and controls the Coleman Inhofe Collins Isakson Thune major role in the East African Embassy broadcast of ideas. Corker Kyl Vitter Bombings, which killed more than 250 peo- Since the end of the fairness doctrine Cornyn Lott Voinovich ple. in 1987, talk radio has flourished be- Craig Lugar Warner (7) The Department of Defense has esti- cause of consumer-driven market de- Crapo Martinez mated that of the approximately 415 detain- mand, not because of Government com- NAYS—48 ees who have been released or transferred mand, not because of Government con- from the detention facility at Guantanamo Akaka Byrd Conrad Bay, at least 29 have subsequently taken up Baucus Cantwell Dodd trol. arms against the United States and its al- That is why I am offering this Biden Cardin Dorgan Bingaman Carper Durbin lies. amendment which will protect Amer- Boxer Casey Feingold (8) Osama bin Laden, the leader of al ica’s constitutionally granted right to Brown Clinton Feinstein Qaeda, said in his 1998 fatwa against the

VerDate Aug 31 2005 07:00 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.092 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9578 CONGRESSIONAL RECORD — SENATE July 19, 2007 United States, that ‘‘[t]he ruling to kill the the first detainee I came across was for studying how to carry out a gas sta- Americans and their allies—civilians and working out on a recumbent exercise tion bombing inside America. He also military—is an individual duty for every bike. recommended Iyman Faris to al-Qaida. Muslim who can do it in any country in It is worth listening to some of the Iyman Faris, it will be recalled, was which it is possible to do it’’. (9) In the same fatwa, bin Laden said, complaints registered by detainees the man who plotted the destruction of ‘‘[w]e—with God’s help—call on every Mus- themselves. One high-value detainee the Brooklyn Bridge. lim who believes in God and wishes to be re- has alleged that he and others were These detainees also include Abd al- warded to comply with God’s order to kill given ‘‘cheap branded, unscented Rahim al-Nashiri. Mr. al-Nashiri was the Americans and plunder their money soap.’’ Perhaps the U.S. military responsible for orchestrating the at- wherever and whenever they find it’’. should have provided the detainees tack on the USS Cole, which killed 17 (10) It is safer for American citizens if cap- with St. Ives Apricot Scrub or Bath & U.S. sailors. tured members of al Qaeda and other ter- Body Works Sun-Ripened Raspberry These detainees also include Ahmed rorist organizations are not housed on Amer- Khalfan Ghailani. Mr. Ghailani played ican soil where they could more easily carry shower gel. Mr. President, concerns over scented a major role in the East African Em- out their mission to kill innocent civilians. bassy bombings which left over 250 peo- (b) SENSE OF SENATE.—It is the sense of the soap aside, the fundamental question Senate that detainees housed at Guanta- is, what do we do with the detainees? ple dead. namo Bay, Cuba, including senior members There are several options I am willing Nor should we forget that approxi- of al Qaeda, should not be released into to consider. I am willing to consider mately 415 detainees have been trans- American society, nor should they be trans- more aggressive repatriation efforts, ferred out of Guantanamo. Of these, no ferred stateside into facilities in American for example. Or perhaps modifying the less than 29 have subsequently taken communities and neighborhoods. current facility or moving the detain- up arms against the United States and The PRESIDING OFFICER. The Re- ees housed there to another overseas its allies. The senior Senator from California publican leader. facility. One approach I oppose, how- and other Democratic colleagues, how- Mr. MCCONNELL. Mr. President, 6 ever, is shipping these terrorists to our ever, proposed an amendment to the years ago no one would have thought own shores. I am confident that most Defense Department authorization bill about deliberately bringing terrorists Kentuckians would not want al-Qaida just last week that would mandate into American communities, but some housed down the street from them, and that we bring these terrorists into our of our friends on the other side of the I would assume citizens from other own communities all across America, aisle feel differently. The senior Sen- States feel the same way. in cities and small towns in States like ator from California actually has pro- To me, the fundamental question in California and Illinois and Kentucky. posed that we require the President to taking any action regarding Guanta- There, they could either escape or liti- move terrorist detainees held at Guan- namo should be: does this step make gate their way to freedom and then be tanamo Bay to the continental United the American people safer? Accord- among the innocent Americans they States and to keep them here. That ingly, does bringing al-Qaida to Amer- have sworn to kill. I guarantee you my means moving them into facilities in ica constitute the best way to protect constituents do not want terrorists cities and small towns in places such as the American people? I myself am housed in their backyards in Fort California and Illinois and Kentucky. I heartened that 528 miles of ocean sepa- can guarantee that my constituents Knox, Fort Wright, or anywhere else in rates these dangerous men from the the Commonwealth. don’t want terrorists housed in their United States. backyards in Fort Knox, Fort Campbell The Feinstein proposal reflects a pre- It is perhaps worth recalling that 9/11, ‘‘criminal justice’’ approach to or, for that matter, anywhere else in these al-Qaida detainees take their in- the Commonwealth. fighting terror. The amendment I offer structions from Osama bin Laden. today to H.R. 2669, the Education Rec- My amendment would allow the Sen- These are the words of their leader in ate to express its view that it is better onciliation bill, reflects quite a dif- his 1998 fatwa against the United ferent view; a post-9/11 understanding for the safety and the security of the States: ‘‘The ruling to kill the Ameri- American people that the terrorists at of terrorism; a view that recognizes the cans and their allies—civilians and profound and enduring peril that ter- Guantanamo Bay are not moved into military—is an individual duty for American communities. rorism poses to the U.S. and its citi- every Muslim who can do it in any zens. My amendment is simply a sense The amendment does not prohibit country in which it is possible to do moving the terrorists elsewhere. It of the senate that the detainees housed it.’’ at Guantanamo should not be released does not rule out closing Guantanamo Here is more guidance from bin into American society or transferred Bay, although my personal view is that Laden to his supporters: ‘‘We—with stateside into facilities near American is a bad idea. All it does is say to the God’s help—call on every Muslim who American people the Senate does not communities and neighborhoods. believes in God and wishes to be re- For those who wish to close or mod- want these terrorists housed on our warded to comply with God’s order to ify the detention facility at Guanta- soil in our communities. kill the Americans and plunder their namo Bay, however, my amendment is The PRESIDING OFFICER. The time money wherever and whenever they not a status quo amendment. As I dis- of the Senator has expired. find it.’’ cussed, my amendment would permit Madam President, there has been no It is because of words like these and the administration to handle the de- shortage of public debate about the de- actions like 9/11 that our policy in the tainees in other ways. All my amend- tention facilities at Guantanamo Bay. global war on terror has been to keep ment would do is to assure the Amer- Unfortunately, much of the public deal-Qaida out of this country. Better to ican people that the United States Sen- bate seems somewhat at odds with fight them abroad than in the U.S. Yet ate does not want these terrorists what is really going on. As Morris now some on the other side of the aisle housed on our soil, in our communities. Davis wrote in a recent editorial in the would require that we bring terrorists Mr. KENNEDY. Mr. President, I sug- New York Times, ‘‘critics liken Guan- to the heartland of America and house gest the absence of a quorum. tanamo Bay to Soviet gulags, but re- them near our very own citizens. The PRESIDING OFFICER. Without ality does not match their hyperbole.’’ Lest we forget, these Guantanamo objection, the clerk will call the roll. Indeed, after an inspection last year by detainees include Khalid Sheikh Mo- Mr. REID. Mr. President, I ask unan- the Organization for Security and Co- hammed. As most of us know, KSM, as imous consent the order for the operation in Europe, a Belgian police he is called, was the mastermind be- quorum call be rescinded. official said, ‘‘At the level of detention hind the attacks of September 11, 2001. The PRESIDING OFFICER. Without facilities, it is a model prison, where This attack killed approximately 3,000 objection, it is so ordered. people are treated better than in Bel- innocent men, women, and children. Mr. REID. Mr. President, we have re- gian prisons.’’ These detainees also include Majid viewed this. This side will be willing to My trip to Guantanamo confirmed Khan. Mr. Khan was tasked to develop accept the amendment. what Mr. Davis and many others have plans to poison water reservoirs inside The PRESIDING OFFICER. Is there concluded. When I visited Guantanamo, the United States and was responsible further debate on the amendment?

VerDate Aug 31 2005 07:36 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.015 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9579 The Republican leader. The bill clerk continued with the SEC. l04. REGULATIONS AND AUTHORITY. Mr. MCCONNELL. Mr. President, I reading, as follows: (a) REGULATIONS.—Not later than 6 months ask for the yeas and nays. after the date of the enactment of this Act, At the appropriate place, insert the fol- the National Labor Relations Board shall re- The PRESIDING OFFICER. Is there a lowing: sufficient second? view and revise all regulations promulgated There is a sufficient second. The TITLE—SECRET BALLOT PROTECTION prior to such date of enactment to imple- SEC. l01. SHORT TITLE. ment the amendments made by this title. question is on agreeing to the amend- (b) AUTHORITY.—Nothing in this title (or ment. This title may be cited as the ‘‘Secret Bal- the amendments made by this title) shall be The clerk will call the roll. lot Protection Act of 2007’’. construed to limit or otherwise diminish the The bill clerk called the roll. SEC. l02. FINDINGS. remedial authority of the National Labor Mr. DURBIN. I announce that the Congress makes the following findings: Relations Board. Senator from South Dakota (Mr. JOHN- (1) The right of employees under the Na- The PRESIDING OFFICER. The Sen- SON) and the Senator from Illinois (Mr. tional Labor Relations Act (29 U.S.C. 151 et ator from South Carolina is recognized. seq.) to choose whether to be represented by OBAMA) are necessarily absent. Mr. DEMINT. Mr. President, as our a labor organization by way of secret ballot Mr. LOTT. The following Senator is Nation’s college graduates head out necessarily absent: the Senator from election conducted by the National Labor Relations Board is among the most impor- into the workforce, many of them will Kansas (Mr. BROWNBACK). tant protections afforded under Federal be faced with the question of whether The PRESIDING OFFICER. Are there labor law. they should join a union. Some will get any other Senators in the Chamber de- (2) The right of employees to choose by se- to make that decision by secret ballot, siring to vote? cret ballot is the only method that ensures a while others will not. The result was announced—yeas 94, choice free of coercion, intimidation, irregu- My amendment is very simple. It nays 3, as follows: larity, or illegality. guarantees that every American work- (3) The recognition of a labor organization [Rollcall Vote No. 259 Leg.] er will get a secret ballot election when YEAS—94 by using a private agreement, rather than a secret ballot election overseen by the Na- deciding whether to join a union. This Akaka Domenici McConnell tional Labor Relations Board, threatens the is especially important because there Alexander Dorgan Menendez freedom of employees to choose whether to are some in this body who want to take Allard Durbin Mikulski Barrasso Ensign Murkowski be represented by a labor organization, and this right away and conduct union Baucus Enzi Murray severely limits the ability of the National elections by card check. This approach Bayh Feingold Nelson (FL) Labor Relations Board to ensure the protec- would open workers to harassment, in- Bennett Feinstein Nelson (NE) tion of workers. timidation, and other forms of union Biden Graham Pryor Bingaman Grassley SEC. l03. NATIONAL LABOR RELATIONS ACT. Reed pressure. We need safeguards to allow Bond Gregg (a) RECOGNITION OF REPRESENTATIVE.— Reid employees to freely choose without in- Boxer Hagel (1) IN GENERAL.—Section 8(a)(2) of the Na- Roberts timidation and coercion from union Brown Harkin tional Labor Relations Act (29 U.S.C. Bunning Hatch Rockefeller bosses. Salazar 158(a)(2)) is amended by inserting before the Burr Hutchison colon the following: ‘‘or to recognize or bar- Recent polls have shown that 87 per- Cantwell Inhofe Schumer cent of American people agree that Cardin Inouye Sessions gain collectively with a labor organization Carper Isakson Shelby that has not been selected by a majority of every worker should have the right to Casey Kennedy Smith such employees in a secret ballot election a secret ballot election. I urge my col- Chambliss Kerry Snowe conducted by the National Labor Relations leagues to protect workers’ rights and Clinton Klobuchar Specter Board in accordance with section 9’’. vote for this amendment. Coburn Kohl Stabenow (2) APPLICATION.—The amendment made by I ask for the yeas and nays. Cochran Kyl Stevens paragraph (1) shall not apply to collective Coleman Landrieu Sununu Mr. KENNEDY. Mr. President, time Collins Lautenberg bargaining relationships in which a labor or- has not been all yielded to ask for the Tester ganization with majority support was law- Conrad Levin Thune fully recognized prior to the date of enact- yeas and nays. Point of order. Is it in Corker Lieberman Vitter Cornyn order to ask for the yeas and nays on Lincoln Voinovich ment of this Act. Craig Lott whether the amendment is passed? Warner (b) ELECTION REQUIRED.— Crapo Lugar Webb (1) IN GENERAL.—Section 8(b) of the Na- The PRESIDING OFFICER. There is DeMint Martinez tional Labor Relations Act (29 U.S.C. 158(b)) a request for the yeas and nays. Dodd McCain Whitehouse Dole McCaskill Wyden is amended— Is there a sufficient second? (A) in paragraph (6), by striking ‘‘and’’ at There appears to be a sufficient sec- NAYS—3 the end; ond. Byrd Leahy Sanders (B) in paragraph (7), by striking the period The yeas and nays are ordered. NOT VOTING—3 at the end and inserting ‘‘; and’’; and Mr. KENNEDY. Mr. President, I (C) by adding at the end the following: Brownback Johnson Obama make a point of order. ‘‘(8) to cause or attempt to cause an em- I withhold that. I have a minute, do The amendment (No. 2351) was agreed ployer to recognize or bargain collectively I not? to. with a representative of a labor organization The PRESIDING OFFICER. The Sen- AMENDMENT NO. 2352 TO AMENDMENT NO. 2327 that has not been selected by a majority of such employees in a secret ballot election ator from Massachusetts is recognized. (Purpose: To amend the National Labor Re- Mr. KENNEDY. Mr. President, I do lations Act to ensure the right of employ- conducted by the National Labor Relations Board in accordance with section 9.’’. not know what bothers the Senator ees to a secret-ballot election conducted by from South Carolina, being antiworker, the National Labor Relations Board) (2) APPLICATION.—The amendment made by paragraph (1) shall not apply to collective anti-union. We know this is the most The PRESIDING OFFICER. The Sen- bargaining relationships that were recog- ator from South Carolina. antiworker, anti-union administration. nized prior to the date of enactment of this This has nothing to do with education. Mr. DEMINT. Mr. President, I send Act. an amendment to the desk and ask for We see what is happening over on this (c) SECRET BALLOT ELECTION.—Section 9(a) side. Slow the process down so we can- its immediate consideration. of the National Labor Relations Act (29 The PRESIDING OFFICER. The U.S.C. 159(a)), is amended— not vote on Iraq. Slow the process clerk will report the amendment. (1) by striking ‘‘Representatives’’ and in- down so we cannot vote on energy. The bill clerk read as follows: serting ‘‘(1) Representatives’’; Slow the process down so we cannot The Senator from South Carolina [Mr. (2) by inserting after ‘‘designated or se- vote on giving the young people of this DEMINT] proposes an amendment numbered lected’’ the following: ‘‘by a secret ballot country an opportunity to go to col- 2352 to amendment No. 2327. election conducted by the National Labor lege. When is it going to end? Relations Board in accordance with this sec- Mr. DEMINT. Mr. President, I ask The students of America and the tion’’; and families of America ought to know ex- unanimous consent the reading of the (3) by adding at the end the following: actly what is happening out here on amendment be dispensed with. ‘‘(2) The secret ballot election requirement Mr. KENNEDY. I object. under paragraph (1) shall not apply to collec- the floor of the Senate. This has noth- The PRESIDING OFFICER. Objec- tive bargaining relationships that were rec- ing to do with education. It is an insult tion is heard. The clerk will continue ognized before the date of the enactment of to the workers’ committees of this reading. the Secret Ballot Protection Act of 2007.’’. country.

VerDate Aug 31 2005 07:00 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.097 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9580 CONGRESSIONAL RECORD — SENATE July 19, 2007 We know this repeals existing law— votes on this matter, and I understand poses an amendment numbered 2340 to existing law, which permits, if an em- that controversial matters require 60 amendment No. 2327. ployer wants to have a card check, re- votes in the Senate. Ms. COLLINS. Mr. President, I ask spect for it, can go along. He is repeal- I move to waive the applicable provi- unanimous consent that reading of the ing that provision. sions of the Congressional Budget Act amendment be dispensed with. Mr. President, I suggest the absence with respect to my amendment, and I The PRESIDING OFFICER. Without of a quorum. ask for the yeas and nays. objection, it is so ordered. The PRESIDING OFFICER. The The PRESIDING OFFICER. Is there a The amendment is as follows: clerk will call the roll. sufficient second? (Purpose: To provide limited immunity for The legislative clerk proceeded to There is a sufficient second. reports of suspicious behavior and response) call the roll. The question is on agreeing to the At the appropriate place, insert the fol- Mr. REID. Mr. President, I ask unan- motion. The yeas and nays have been lowing: imous consent that the order for the ordered. The clerk will call the roll. SEC. ll. IMMUNITY FOR REPORTS OF SUS- The legislative clerk called the roll. PICIOUS BEHAVIOR AND RESPONSE. quorum call be rescinded. (a) IMMUNITY FOR REPORTS OF SUSPICIOUS The PRESIDING OFFICER. Without Mr. DURBIN. I announce that the BEHAVIOR.— objection, it is so ordered. Senator from California (Mrs. FEIN- (1) IN GENERAL.—Any person who, in good Mr. KENNEDY. Mr. President, the STEIN), the Senator from South Dakota faith and based on objectively reasonable pending amendment is not germane, (Mr. JOHNSON), and the Senator from suspicion, makes, or causes to be made, a and I raise a point of order pursuant to Illinois (Mr. OBAMA) are necessarily ab- voluntary report of covered activity to an authorized official shall be immune from sections 305(b)(2) and 310(e) of the Con- sent. Mr. LOTT. The following Senator is civil liability under Federal, State, and local gressional Budget Act. law for such report. necessarily absent: the Senator from Mr. REID. If the Senator will with- (2) FALSE REPORTS.—Paragraph (1) shall hold, we are going to try to work our Kansas (Mr. BROWNBACK). not apply to any report that the person knew way through these amendments. We The PRESIDING OFFICER. Are there to be false at the time that person made that will see how many more people have to any other Senators in the Chamber de- report. offer. We are not going to try to match siring to vote? (b) IMMUNITY FOR RESPONSE.— (1) IN GENERAL.—Any authorized official the amendments offered by the minor- The yeas and nays resulted—yeas 42, nays 54, as follows: who observes, or receives a report of, covered ity. They have a right to offer these activity and takes reasonable action to re- [Rollcall Vote No. 260 Leg.] amendments. This is a very important spond to such activity shall be immune from piece of legislation. We think we YEAS—42 civil liability under Federal, State, and local should work our way through it. We Alexander DeMint Lott law for such action. are going to work on this for a little Allard Dole Lugar (2) SAVINGS CLAUSE.—Nothing in this sub- Barrasso Domenici Martinez section shall affect the ability of any author- while longer. I have already indicated Bennett Ensign McCain ized official to assert any defense, privilege, through the floor staff to my distin- Bond Enzi McConnell or immunity that would otherwise be avail- guished friend the Republican leader Bunning Graham Murkowski Burr Grassley Roberts able, and this subsection shall not be con- that if we don’t finish this pretty Chambliss Gregg Sessions strued as affecting any such defense, privi- soon—it is 8 o’clock now—we will just Coburn Hagel Shelby lege, or immunity. come back tomorrow and work on it. Cochran Hatch Stevens (c) ATTORNEY FEES AND COSTS.—Any per- This could complicate things; people Corker Hutchison Sununu son or authorized official found to be im- Cornyn Inhofe Thune should understand that. Tomorrow we mune from civil liability under this section Craig Isakson Vitter shall be entitled to recover from the plaintiff are obligated to have a vote on the mo- Crapo Kyl Warner all reasonable costs and attorney fees. tion to proceed to Homeland Security NAYS—54 (d) DEFINITIONS.—In this section: appropriations. If that is granted, that Akaka Durbin Nelson (FL) (1) AUTHORIZED OFFICIAL.—The term ‘‘au- 30 hours will run through until the Baucus Feingold Nelson (NE) thorized official’’ means— weekend. That is the process we are in. Bayh Harkin Pryor (A) any employee or agent of a mass trans- So if people want to continue offering Biden Inouye Reed portation system; Bingaman Kennedy Reid these amendments, we will do it for a (B) any officer, employee, or agent of the Boxer Kerry Rockefeller Department of Homeland Security, the De- while tonight until people feel that Brown Klobuchar Salazar partment of Transportation, or the Depart- they have offered enough in a way to Byrd Kohl Sanders Cantwell Landrieu Schumer ment of Justice; get attention and focus attention away Cardin Lautenberg Smith (C) any Federal, State, or local law en- from this very good bill. Carper Leahy Snowe forcement officer; or I have come to the floor several Casey Levin Specter (D) any transportation security officer. times to talk about what a great bill Clinton Lieberman Stabenow (2) COVERED ACTIVITY.—The term ‘‘covered Coleman Lincoln Tester activity’’ means any suspicious transaction, this is and how well it was worked by Collins McCaskill Voinovich the two managers. I hope we won’t Conrad Menendez Webb activity, or occurrence indicating that an in- spoil it. We are not going to offer any Dodd Mikulski Whitehouse dividual may be engaging, or preparing to Dorgan Murray Wyden engage, in— amendments. Our imagination is as (A) a violent act or act dangerous to NOT VOTING—4 good as yours, but we are not going to human life that is a violation of the criminal do that. The decision has been made. Brownback Johnson laws of the United States or of any State, or We are going to work on this bill and Feinstein Obama that would be such a violation if committed try to get it completed. The PRESIDING OFFICER. On this within the jurisdiction of the United States There has been a point of order made. vote, the yeas are 42, the nays are 54. or any State; or My friend from South Carolina wishes Three-fifths of the Senators duly cho- (B) an act of terrorism (as that term is de- to make a motion. sen and sworn not having voted in the fined in section 3077 of title 18, United States Code) that involves, or is directed against, a Mr. DEMINT. Mr. President, par- affirmative, the motion is rejected. mass transportation system or vehicle or its liamentary inquiry, please: Will the The point of order is sustained and the passengers. Chair confirm how many votes are re- amendment falls. (3) MASS TRANSPORTATION.—The term quired on a motion to waive the Budget The Senator from Maine. ‘‘mass transportation’’— Act? AMENDMENT NO. 2340 TO AMENDMENT NO. 2327 (A) has the meaning given to that term in The PRESIDING OFFICER. Three- Ms. COLLINS. Mr. President, I call section 5302(a)(7) of title 49, United States fifths of the Senators duly chosen and up amendment No. 2340 and ask for its Code; and sworn. immediate consideration. (B) includes— (i) school bus, charter, or intercity bus Mr. DEMINT. How many is that? The PRESIDING OFFICER. The The PRESIDING OFFICER. If my transportation; clerk will report. (ii) intercity passenger rail transportation; arithmetic is as good as yours, it is The assistant legislative clerk read (iii) sightseeing transportation; about 60. as follows: (iv) a passenger vessel as that term is de- Mr. DEMINT. I thank the Chair for The Senator from Maine [Ms. COLLINS], for fined in section 2101(22) of title 46, United confirming that the rules require 60 herself, Mr. KYL, and Mr. LIEBERMAN, pro- States Code;

VerDate Aug 31 2005 05:51 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.099 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9581 (v) other regularly scheduled waterborne The Senator from Vermont is recog- [Rollcall Vote No. 261 Leg.] transportation service of passengers by ves- nized. YEAS—57 sel of at least 20 gross tons; and Alexander Crapo Lugar (vi) air transportation as that term is de- Mr. LEAHY. Mr. President, this amendment is not germane. It is sub- Allard DeMint Martinez fined in section 40102 of title 49, United Barrasso Dole McCain States Code. ject to the jurisdiction of the Judiciary Baucus Domenici McConnell (4) MASS TRANSPORTATION SYSTEM.—The Committee. I would be happy to hold Bayh Dorgan Murkowski term ‘‘mass transportation system’’ means hearings on it. This is so overbroad Bennett Ensign Nelson (NE) an entity or entities organized to provide that you could have all kinds of prob- Bond Enzi Roberts mass transportation using vehicles, includ- Bunning Graham Schumer lems. It could invite racial and reli- Burr Grassley Sessions ing the infrastructure used to provide such gious profiling. Suppose somebody is Chambliss Gregg Shelby transportation. wearing religious garb and it frightens Clinton Hagel Smith (5) VEHICLE.—The term ‘‘vehicle’’ has the Coburn Hatch Snowe meaning given to that term in section somebody. They could immediately—or Cochran Hutchison Specter 1992(16) of title 18, United States Code. maybe it doesn’t frighten them, but Coleman Inhofe Stevens (e) EFFECTIVE DATE.—This section shall they could say it does. It broadly pro- Collins Isakson Sununu take effect on November 20, 2006, and shall tects Government officials from poten- Conrad Kyl Thune apply to all activities and claims occurring Corker Landrieu Vitter tial misconduct. It sets a new standard Cornyn Lieberman Voinovich on or after such date. for a government official responding to Craig Lott Warner The PRESIDING OFFICER. The ma- reports of activity, and it is basically a NAYS—39 jority leader is recognized. court-stripping bill. Mr. REID. Mr. President, if I could Akaka Harkin Murray ask the distinguished Senator from If this is for more than a political Biden Inouye Nelson (FL) point on this bill, fine, bring it to the Bingaman Kennedy Pryor Maine to withhold for a brief state- Boxer Kerry Reed ment. Judiciary Committee. We will hold a Brown Klobuchar Reid Mr. President, I have talked to Sen- hearing on it before the committee Byrd Kohl Rockefeller that has jurisdiction. Cantwell Lautenberg Salazar ators on both sides of the aisle. I think Cardin Leahy Sanders it is appropriate we finish this legisla- I suggest the absence of a quorum. Carper Levin Stabenow tion tonight, or in the morning, what- The PRESIDING OFFICER. The Casey Lincoln Tester ever the case will be. But we are going Dodd McCaskill Webb clerk will call the roll. Durbin Menendez Whitehouse to continue working tonight. I think The assistant journal clerk proceeded Feingold Mikulski Wyden that is the most appropriate thing to to call the roll. do. NOT VOTING—4 The one thing I have asked for—and Mr. LEAHY. Mr. President, I ask Brownback Johnson I hope the minority can complete unanimous consent that the order for Feinstein Obama that—is that we should have a finite the quorum call be rescinded. The PRESIDING OFFICER. On this list of amendments, so we at least can The PRESIDING OFFICER. Without vote, the yeas are 57, the nays are 39. get that done and find out how many objection, it is so ordered. Three-fifths of the Senators duly cho- amendments we have to work through. Mr. LEAHY. Mr. President, anybody sen and sworn not having voted in the I would hope the minority would work who sees something that looks dif- affirmative, the motion is rejected. on that to see if we can come up with ferent: Hispanic, Black, someone wear- The point of order is sustained and the a finite list of amendments before final ing religious garb, they have a reason- amendment falls. passage. able ground to turn them in under this. Mr. REID. Mr. President, I suggest I apologize to my friend for the inter- This is far too broad. Let it go to the the absence of a quorum. ruption. Judiciary Committee—I guarantee we The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- will have a hearing—but not on this. clerk will call the roll. ator from Maine. I make the motion that the pending The assistant journal clerk proceeded Ms. COLLINS. Thank you, Mr. Presi- amendment is not germane. I raise a to call the roll. dent. point of order pursuant to section Mr. SALAZAR. Mr. President, I ask Mr. President, an alert citizenry is unanimous consent that the order for one of our best defenses against ter- 305(b)2 and 310(e)1 of the Congressional Budget Act of 1974. the quorum call be rescinded. rorist attacks. That is why the New The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- York City subway system has signs objection, it is so ordered. saying: ‘‘See Something, Say Some- ator from Maine is recognized. AMENDMENT NO. 2356 TO AMENDMENT NO. 2327 thing.’’ That is just what a group of Ms. COLLINS. Mr. President, pursu- Mr. SALAZAR. Mr. President, I send airline passengers did recently in re- ant to section 904 of the Congressional an amendment to the desk. porting suspicious activity they Budget Act of 1974, I move to waive the The PRESIDING OFFICER. The thought represented a terrorist threat. applicable sections of that act for pur- clerk will report. What was the result? Those passengers, poses of the pending amendment, and I The assistant legislative clerk read the pilot, the airline, and the airport ask for the yeas and nays. as follows: were all sued. The Collins-Kyl- The PRESIDING OFFICER. Is there a Lieberman amendment would protect The Senator from Colorado [Mr. SALAZAR] sufficient second? proposes an amendment numbered 2356 to individuals from lawsuits when they, in There is a sufficient second. amendment 2327: good faith, report reasonable sus- The question is on agreeing to the At the appropriate place insert the fol- picious behavior that may reflect ter- motion. lowing: rorist activity. Since I. Lewis ‘‘Scooter’’ Libby previously The PRESIDING OFFICER. The Sen- The clerk will call the roll. served as Chief of Staff to Vice President ate is not in order. The assistant legislative clerk called Dick Cheney; Ms. COLLINS. Thank you, Mr. Presi- the roll. Since Mr. Libby was convicted in federal dent. Mr. DURBIN. I announce that the court of perjury and obstruction of justice in Our amendment would protect from connection with efforts by the Bush White Senator from California (Mrs. FEIN- lawsuits individual citizens who report House to conceal the fact that Administra- STEIN), the Senator from South Dakota suspicious activity. The report would tion officials leaked the name of a covert (Mr. JOHNSON), and the Senator from have to be in good faith. It would have CIA agent in order to discredit her husband, Illinois (Mr. OBAMA) are necessarily ab- a critic of the Iraq War; to be reasonable. sent. Since U.S. District Court Judge Reggie Mr. President, I ask for the yeas and Walton sentenced Mr. Libby to 30 months in nays. Mr. LOTT. The following Senator is necessarily absent: the Senator from prison to reflect the seriousness of the of- The PRESIDING OFFICER. Is there a fense, the sensitivity of the national security sufficient second? Kansas (Mr. BROWNBACK). information involved in Libby’s crime, and There appears to be a sufficient sec- The yeas and nays resulted—yeas 57, the abuse of Mr. Libby’s position of trust in ond. nays 39, as follows: the United States government;

VerDate Aug 31 2005 07:00 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.022 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9582 CONGRESSIONAL RECORD — SENATE July 19, 2007 Since President Bush chose to commute ment that has been offered just for who, according to news reports, was rep- Mr. Libby’s prison sentence in its entirety, that reason. resented by the former President’s brother- thereby entitling Libby to evade serious pun- The PRESIDING OFFICER. Time has in-law, Hugh Rodham; ishment for his criminal conduct; expired. Since, on January 20, 2001, former Presi- Since President Bush has refused to rule dent Clinton pardoned Almon Glenn out the possibility that he will eventually Mr. REID. I ask for the yeas and Braswell, an individual convicted of money issue a full pardon to Mr. Libby with respect nays. laundering and tax evasion, who according to to his criminal conviction; The PRESIDING OFFICER. Is there a news reports, was represented by former Now therefore be it determined that it is sufficient second? President’s brother-in-law, Hugh Rodham; the Sense of the Senate that President Bush (Subsequently, action on this amend- Since, on December 22, 2000, former Presi- should not issue a pardon to I. Lewis ‘‘Scoot- ment was vitiated.) dent Clinton pardoned former Democratic er’’ Libby. The PRESIDING OFFICER. The Re- Representative Dan Rostenkowski, who had The PRESIDING OFFICER. The Sen- publican leader is recognized. been convicted of mail fraud; Since, on January 20, 2001, former Presi- ator from Colorado has 1 minute. AMENDMENT NO. 2357 TO AMENDMENT NO. 2327 Mr. SALAZAR. Mr. President, it is, dent Clinton commuted the sentence of con- Mr. MCCONNELL. I send an amend- victed sex offender and former Democratic frankly, regrettable that as we work on ment to the desk and ask for its imme- Representative Mel Reynolds, who had been this floor on an issue that is absolutely diate consideration. found guilty of bank fraud, wire fraud, mak- important to the people of this coun- The PRESIDING OFFICER. The ing false statements to a financial institu- try; that is, the future of our children clerk will report. tion, conspiracy to defraud the Federal Elec- and their education and providing tions Commission, and making false state- The assistant legislative clerk read ments to a Federal official; them with the opportunity to have the as follows: American dream, that we are having to Since, on January 20, 2001, former Presi- have votes on politically motivated The Senator from Kentucky [Mr. MCCON- dent Clinton pardoned his former Secretary NELL] proposes an amendment numbered 2357 of Housing and Urban Development Henry amendments that are coming forward to amendment No. 2327: Cisneros, who had been convicted of making from the other side. It would be in the Deploring the actions of former President false statements about payments to his mis- best interest of this institution and the William Jefferson Clinton regarding his tress; American people to stop this and not granting of clemency to terrorists, to family Since, on January 20, 2001, former Presi- to go forward with these kinds of members, donors, and individuals rep- dent Clinton pardoned Susan McDougal, who amendments. resented by family members, to public offi- had been a key figure in the Whitewater in- Regrettably, if you are going to cials of his own political party, and to offi- vestigation and who had been convicted of shoot this way, we have to shoot that cials who violated laws protecting United aiding and abetting, in making false state- States intelligence, and concluding that such ments, and who refused to testify against the way. I ask my colleagues to send the former President in the investigation; sense of the Senate to the President of actions by former President Clinton were inappropriate. Since, on January 20, 2001, former Presi- the United States that he should not The Armed Forces of National Liberation dent Clinton pardoned Christopher Wade, pardon Scooter Libby. (the FALN) is a terrorist organization that who was a real estate salesmen involved in Mr. MCCONNELL. Mr. President, I claims responsibility for the bombings of ap- the Whitewater matter; suggest the absence of a quorum. proximately 130 civilian, political, and mili- Since, on January 20, 2001, former Presi- The PRESIDING OFFICER. The tary sites throughout the United States, and dent Clinton pardoned his former Director of clerk will call the roll. whereas, on August 11, 1999, President Clin- Central Intelligence John Deutch for his mishandling of national security secrets; and The assistant journal clerk proceeded ton commuted the sentences of 16 terrorists, all of whom were members of the FALN, and Since, on January 20, 2001, former Presi- to call the roll. dent Clinton pardoned Samuel Loring Mr. REID. Mr. President, I ask unan- whereas this action was taken counter to the recommendation of the Federal Bureau of In- Morison, a former Navy intelligence analyst imous consent that the order for the vestigation, the Federal Bureau of Prisons, who was convicted on espionage charges: quorum call be rescinded. and two United States Attorneys; Now, therefore, be it determined that it is The PRESIDING OFFICER. Without Since, on January 20, 2001, former Presi- the sense of the Senate that objection, it is so ordered. dent Clinton commuted the sentence of (1) former President Clinton’s granting of Mr. KYL. Mr. President, I believe Susan L. Rosenberg, a former member of the clemency to 16 FALN terrorists, two former there is an opportunity for someone to Weather Underground Organization terrorist members of the Weather Underground Orga- group whose mission included the violent nization, and a former member of the Sym- speak against the amendment; is that bionese Liberation Army was inappropriate; correct? overthrow of the United States Government, who was charged in a robbery that left a se- (2) former President Clinton’s granting of The PRESIDING OFFICER. Without curity guard and 2 police officers dead; clemency to individuals either in his family objection, it is so ordered. The Senator Since, on January 20, 2001, former Presi- or represented by family members was inap- has 1 minute. dent Clinton commuted the sentence of propriate; Mr. KYL. Mr. President, until this Linda Sue Evans, a former member of the (3) former President Clinton’s granting of last amendment, I haven’t seen politi- Weather Underground Organization terrorist clemency to public figures from his own po- cally inspired amendments before this group, who made false statements and used litical party was inappropriate; (4) former President Clinton’s pardons of body, and we don’t have to vote on po- false identification to illegally purchase fire- arms that were then used by Susan L. Rosen- individuals involved with the Whitewater in- litically inspired amendments. vestigation, a matter in which the former As the distinguished Presiding Offi- berg in a robbery that left a security guard and 2 police officers dead; First Family was centrally involved, was in- cer knows, a suggestion of political Since, on January 20, 2001, former Presi- appropriate; and motivation is a violation of the rules of dent Clinton pardoned Patricia Hearst Shaw, (5) former President Clinton’s pardons of the Senate, and I don’t believe that a former member of the Symbionese Libera- individuals who have jeopardized intel- any of these amendments have been po- tion Army, a domestic terrorist group which ligence gathering and operations were inap- litically inspired. also advocated the violent overthrow of the propriate. The next one offered by Republicans United States, and that carried out violent The PRESIDING OFFICER. The Re- attacks in the United States; has to do with Pell grants. I think the publican leader is recognized for 1 senior Senator from California had a Since, on January 20, 2001, former Presi- dent Clinton pardoned his half-brother Roger minute. very serious amendment with respect Clinton, who had been convicted of con- to detainees at Guantanamo, and there Mr. MCCONNELL. Mr. President, if spiracy to distribute cocaine and of distribu- the Senate has decided to go into de- was an amendment which related to tion of cocaine; that issue. We had an amendment on Since, on March 15, 2000, former President bating the appropriateness of future the fairness doctrine, another on the Clinton pardoned Edgar and Vonna Jo Greg- pardons, there is plenty of material to Secret Ballot Protection Act. ory, who had been convicted of conspiracy to go around on past pardons. President These are serious amendments. I am willfully misapply bank funds and to make Clinton’s decision to pardon a host of sure my colleague did not wish to sug- false statements and who, according to news individuals convicted of serious crimes reports, were represented by the former gest they were politically inspired. I then is certainly worthy of Senate President’s brother-in-law, Tony Rodham; comment as well. hope that we don’t get into politically Since, on January 20, 2001, former Presi- inspired amendments and that our col- dent Clinton commuted the sentence of Car- Many of the individuals were con- leagues will vote against the amend- los Vignali, a convicted cocaine trafficker victed of the crime of terrorism. Some

VerDate Aug 31 2005 07:36 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.023 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9583 were individuals who jeopardized intel- to wrap up this bill in the next hour, we just got through taking out by ligence gathering. Some were family hour and a half. We are whittling down unanimous consent? Those ideas are no members and represented by family. the amendments. I have given a list to longer—we are not going to consider My fundamental point is if the Sen- the majority leader. them? I am not agreeing to unanimous ate wants to spend the evening com- The PRESIDING OFFICER. Without consent unless you are agreeing to menting on the advisability of pardons objection, it is so ordered. that. We are not just agreeing to these that have not yet occurred, maybe we Mr. REID. Mr. President, I do say amendments and second-degrees, we ought to go on record discussing the there has been—I say this with every- are not going to have that kind of appropriateness of pardons that have one here—I said a few things today amendment. already occurred. when no one was here. But I com- Mr. REID. I would hope on this bill The PRESIDING OFFICER. The sen- plimented these two managers of this and any other bill. ior Senator from Massachusetts is rec- bill. They have been exemplary, the Mr. DOMENICI. I am not talking ognized. way they—with two different political about any other bill. Mr. KENNEDY. Mr. President, what philosophies, we all know that, but Mr. REID. On this bill, yes. in the world does the Republican leader they have worked together, not just Mr. MCCONNELL. If I may, the ma- have against this legislation? The leg- this year but for a number of years, to jority leader has the list. They do not islation we have here before the Senate put out some good legislation in that include content of the kind we were passed 17 to 3. The authorizing provi- committee. dealing with in the last two amend- sion that changes policy was virtually I do not want to make any of the ments, so I think the Senator from unanimous. Young people all over the chairmen and ranking members feel New Mexico will be pleased. country are looking in on the Senate. bad, but this committee has a lot of The PRESIDING OFFICER. Without This is about the future of this next good work they have finished and they objection, it is so ordered. generation, their hopes and their will be able to bring to this floor things AMENDMENT NO. 2357 WITHDRAWN dreams. It is about our country and we have been waiting for for years. I Mr. REID. If my friend would with- being able to compete in the world. It appreciate the intensity of everyone’s hold. is about the quality of our Armed feelings on issues. Would the Chair withdraw the Forces, about getting well-trained, I ask unanimous consent that the McConnell amendment? well-educated young people. It is about only amendments remaining in order The PRESIDING OFFICER. Without our institutions, whether they are on this piece of legislation subject to objection, it is so ordered. The McCon- going to be functioning and working. second-degree amendments be the Cole- nell amendment is withdrawn. Why can’t we go ahead and vote on man amendment, innocent child; Mr. ENSIGN. Mr. President, I ask the this legislation? We were here for 2 Graham amendment, no Pell grants for majority leader, because I have been days waiting for different amendments drug dealers; Cornyn amendment, H–1B waiting to offer my amendment, if my on education and few of them came. visas; Sununu amendment, tuition de- amendment would be allowed to be the Why in the world are you holding up duction permanence; DeMint amend- first amendment. this legislation that means so much to ment, adoption tax permanence; En- Mr. REID. I think we have the list the future of our young people? We are sign amendment, Social Security for il- here. We do not personally care. We do prepared to vote. We didn’t have legal immigrants; Dole amendment, not care what order, so it is up to you. amendments over here on our side. We voter ID; Kyl amendment, AMT repeal. You have the next amendment. want to get this legislation going We are going to be very selective in Mr. MCCONNELL. Mr. President, I ahead. We are looking forward to the our second-degree amendments. We say to my friend from Nevada, I think reauthorization debate for next week, hope we can move through this very he should proceed. and we are looking forward to getting quickly. The PRESIDING OFFICER. Without something worthy of this institution. The PRESIDING OFFICER. Is there objection, it is so ordered. In the 45 years I have been in the objection? AMENDMENT NO. 2355 TO AMENDMENT NO. 2327 Senate under the leadership of Stafford Mr. MCCONNELL. Mr. President, re- Mr. ENSIGN. Mr. President, I have of Vermont, of Claiborne Pell of Rhode serving the right to object, I want to an amendment at the desk. Island, of the Members whom we have understand what the majority leader’s The PRESIDING OFFICER. The had here—we have had true commit- position is with regard to the possi- clerk will report the amendment. ment. bility of second degrees. The legislative clerk read as follows: Why are we disrupting this effort? Mr. REID. I have told the Republican The PRESIDING OFFICER. The time leader we definitely will have an The Senator from Arizona [Mr. ENSIGN] of the Senator has expired. amendment on No. 6. I told everybody proposes an amendment numbered 2355. Mr. KENNEDY. Mr. President, I sug- that. You already have that amend- Mr. ENSIGN. Mr. President, I ask gest the absence of a quorum. ment. We will look at these others. I unanimous consent that the reading of The PRESIDING OFFICER. The haven’t seen those. But you will have the amendment be dispensed with clerk will call the roll. plenty of time to look at them. They The PRESIDING OFFICER. Without The assistant journal clerk proceeded will be relating to the subject matter objection, it is so ordered. to call the roll. of the amendment that is offered. The amendment is as follows: Mr. REID. Mr. President, I ask unan- Mr. MCCONNELL. Mr. President, my (Purpose: To reduce document fraud, prevent imous consent that the order for the concern is to make sure these first-de- identity theft, and preserve the integrity quorum call be rescinded. gree amendments do, in fact, get votes. of the Social Security system, by ensuring The PRESIDING OFFICER. Without Mr. REID. Mr. President, we will not that individuals are not able to receive So- objection, it is so ordered. prevent votes on these, subject to sec- cial Security benefits as a result of unlawful activity) Mr. REID. Mr. President, I ask unan- ond-degree amendments and points of imous consent that on the Salazar order. At the appropriate place, insert the following: amendment, the vote be vitiated, Mr. MCCONNELL. Understood. SEC. ll. PRECLUSION OF SOCIAL SECURITY stricken from the RECORD, and that we The PRESIDING OFFICER. Is there CREDITS PRIOR TO ENUMERATION not have a rollcall vote on the amend- objection? OR FOR ANY PERIOD WITHOUT ment that was offered by my distin- Mr. DOMENICI. Mr. President, re- WORK AUTHORIZATION. guished counterpart, Senator MCCON- serving the right to object, I want to (a) INSURED STATUS.—Section 214 of the So- NELL. ask both of the leaders—I have not cial Security Act (42 U.S.C. 414) is amended The PRESIDING OFFICER. The Re- even given any speeches; you all are by adding at the end the following: publican leader. lucky. But let me ask, is it the intent ‘‘(d)(1) Except as provided in paragraph (2)— Mr. MCCONNELL. Mr. President, I now that we are at this point that we ‘‘(A) no quarter of coverage shall be cred- very much agree with the consent are not going to—whatever amend- ited for purposes of this section if, with re- agreement the majority leader pro- ments are left, we do not intend to get spect to any individual who is assigned a so- pounded. I think we have a chance here back into the regime of amendments cial security account number on or after the

VerDate Aug 31 2005 05:51 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.123 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9584 CONGRESSIONAL RECORD — SENATE July 19, 2007 date of enactment of the Higher Education cation bill whatsoever. It is completely an individual who, at such time such quarter Access Act of 2007, such quarter of coverage not germane. of coverage is earned, satisfies the criterion is earned prior to the year in which such so- Secondly, it says to every American specified in subsection (c)(2). cial security account number is assigned; ‘‘(e) Not later than 180 days after the date citizen who was not born here in the of this Act the Secretary of Homeland Secu- and United States of America, who might ‘‘(B) no quarter of coverage shall be cred- rity shall enter into an agreement with the ited for purposes of this section for any cal- have been an American citizen for 30 Commissioner of Social Security to provide endar year, with respect to an individual years or 40 years, you are going to have such information as the Commissioner deter- who is not a natural-born United States cit- to go back in your history and dem- mines necessary to carry out the limitations izen, unless the Commissioner of Social Se- onstrate and show you were authorized on crediting quarters of cover under sub- curity determines, on the basis of informa- to be here for the last 30 or 40 years if section, (d), however, this provision shall not be construed to establish an effective date tion provided to the Commissioner in accord- you are an American citizen, if you are ance with an agreement entered into under for purposes of this section.’’. born outside of this country. (2) BENEFIT COMPUTATION.—Section 215(e) subsection (e) or otherwise, that the indi- What in the world does that have to vidual was authorized to be employed in the of such Act (42 U.S.C. 4159e)) is amended— United States during such quarter. do with our education system? Abso- (A) by striking ‘‘and’’ at the end of para- ‘‘(2) Paragraph (1) shall not apply with re- lutely nothing. This amendment would graph (1); spect to any quarter of coverage earned by apply to Henry Kissinger, it would (B) by striking the period at the end of an individual who, at such time such quarter apply to Madeleine Albright, it would paragraph (2) and inserting ‘‘and’’; and of coverage is earned, satisfies the criterion apply to Mel Martinez. It would apply (C) by adding at the end the following new specified in subsection (c)(2). paragraph: to all American citizens who were not ‘‘(3) in computing the average indexed ‘‘(e) Not later than 180 days after the date born in this country. of the enactment of the Higher Education monthly earnings of an individual who is as- That is where we are. signed a social security account number on Access Act of 2007, the Secretary of Home- The PRESIDING OFFICER. The Sen- land Security shall enter into an agreement or after the date of enactment of this Act, with the Commissioner of Social Security to ator’s time has expired. there shall not be counted any wages or self- provide such information as the Commis- AMENDMENT NO. 2358 TO AMENDMENT NO. 2355 employment income for which no quarter of sioner determines necessary to carry out the Ms. STABENOW. Mr. President, I coverage may be credited to such individual limitations on crediting quarters of coverage send a second-degree amendment to the as a result of the application of section under subsection (d). Nothing in this sub- desk and ask for its immediate consid- 214(d).’’. (3) EFFECTIVE DATE.—The amendments section may be construed as establishing an eration. effective date for purposes of this section.’’. made by this subsection shall be effective as The PRESIDING OFFICER. The of the date of enactment of this Act. (b) BENEFIT COMPUTATION.—Section 215(e) clerk will report the amendment. of such Act (42 U.S.C. 415(e)) is amended— Ms. STABENOW. Mr. President, this The legislative clerk read as follows: (1) by striking ‘‘and’’ at the end of para- amendment is very clear. It reaffirms graph (1); The Senator from Michigan [Ms. that illegal immigrants cannot and (2) by striking the period at the end of STABENOW] proposes an amendment numbered 2358 to amendment No. 2355. will not receive Social Security bene- paragraph (2) and inserting ‘‘; and’’; and fits. It focuses the Attorney General to (3) by adding at the end the following: The amendment is as follows: ‘‘(3) in computing the average indexed strongly and vigorously enforce this Strike all after line 1, page 1 and insert the provision, and it focuses enforcement monthly earnings of an individual who is as- following: efforts against those who are here ille- signed a social security account number on SEC. ll. PROHIBITION ON ILLEGAL ALIENS or after the date of enactment of the Higher QUALIFYING FOR SOCIAL SECURITY gally, not American citizens who are Education Access Act of 2007, there shall not BENEFITS AND PRECLUSION OF SO- naturalized and here legally. be counted any wages or self-employment in- CIAL SECURITY CREDITS PRIOR TO Unfortunately, whether intended or come for which no quarter of coverage may ENUMERATION OR FOR ANY PERIOD not, the Ensign amendment would be credited to such individual as a result of WITHOUT WORK AUTHORIZATION. threaten the Social Security benefits the application of section 214(d).’’. (a) PROHIBITION ON ILLEGAL ALIENS QUALI- FYING FOR SOCIAL SECURITY BENEFITS.— of millions of Americans. It makes no Mr. ENSIGN. Mr. President, I hate to (1) IN GENERAL.—Nothing in this Act, or sense. We need to focus the Attorney be offering an amendment such as this the amendments made by this Act, shall be General on those who are here ille- on this bill, but as we know around construed to modify any provision of current gally, and make it very clear that no here, a lot of times we do not get to law that prohibits illegal aliens from quali- one who is here illegally can receive offer amendments. I wanted to offer my fying for Social Security benefits. Social Security benefits, period. amendment on the immigration reform (2) ENFORCEMENT.—The Attorney General The PRESIDING OFFICER. The Sen- debate, so we are offering it tonight be- shall ensure that the prohibition on the re- ator from Arizona. ceipt of Social Security by illegal aliens is cause it is one of the only chances we Mr. ENSIGN. Mr. President, first I strictly enforced. want to address what Senator KENNEDY will have to offer it this year. (b) PRECLUSION OF SOCIAL SECURITY CRED- said in case there is misinformation My amendment denies Social Secu- ITS PRIOR TO ENUMERATION OR FOR ANY PE- rity benefits for illegal, fraud-based RIOD WITHOUT WORK AUTHORIZATION.— out there in what he said, that MEL work. It also ensures an individual who (1) INSURED STATUS.—Section 214 of the So- MARTINEZ and others would not qualify is on a visa overstay, or someone who cial Security Act (42 U.S.C. 414) is amended for benefits under my amendment. has a card in their name but is working by adding at the end the following new sub- That is absolutely false. We have here illegally will not get credit for sections: cleared this, we have run the traps on ‘‘(d)(1) Except as provided in paragraph it. It is necessary to make sure that that illegal work. (2)— There have been many media reports not just someone who is here illegally ‘‘(A) no quarter of coverage shall be cred- now who is stealing someone’s identity recently about illegal immigrants ited for purposes of this section if, with re- but it is when they become legalized stealing Americans’ Social Security spect to any individual who is assigned a so- that we want to prevent them from numbers. Last year I spoke about cial security account number on or after the getting Social Security benefits. Audra, who was a stay-at-home mom date of enactment of this Act, such quarter of coverage is earned prior to the year in That is the problem with the since 2000. Over 200 different illegal im- Stabenow amendment, that illegals migrants stole her identity, used her which such social security account number is assigned; and cannot get benefits now. What we want Social Security number. She ended up ‘‘(B) no quarter of coverage shall be cred- to do is prevent them, if they become owing the IRS over $1 million. That is ited for purposes of this section for any cal- legalized—that the work they did when the kind of thing we have to have endar year, with respect to an individual they stole someone’s Social Security stopped. We should not reward those who is not a United States citizen if the number, we don’t want them to have who have stolen people’s identities Commissioner of Social Security determines, benefits. with Social Security benefits. on the basis of information provided to the Mr. President, is all time expired? I urge the adoption of this amend- Commissioner in accordance with an agree- The PRESIDING OFFICER. All time ment. ment entered into under subsection (e) or otherwise, that the individual was not au- is not expired. The PRESIDING OFFICER. The Sen- thorized to be employed in the United States Mr. ENSIGN. Mr. President, I yield ator from Massachusetts. during such quarter. back the remainder of my time. Mr. KENNEDY. Mr. President, first, ‘‘(2) Paragraph (1) shall not apply with re- I make a point of order that the sec- this has nothing to do with our edu- spect to any quarter of coverage earned by ond-degree amendment is not germane.

VerDate Aug 31 2005 07:00 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.026 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9585 Ms. STABENOW. Mr. President, pur- Mr. KENNEDY. Mr. President, I raise amendment that we might be able to suant to section 904 of the Congres- a point of order that the amendment is voice vote. sional Budget Act of 1974, I move to not germane pursuant to sections The PRESIDING OFFICER. The Sen- waive the applicable section of that act 305(b)(2) and 310(e) of the Congressional ator from South Carolina is recognized. for the purposes of the pending amend- Budget Act. AMENDMENT NO. 2360 TO AMENDMENT NO. 2327 ment, and ask for the yeas and nays. The PRESIDING OFFICER. The Sen- Mr. GRAHAM. Mr. President, this ac- The PRESIDING OFFICER. Is there a ator from Nevada. tually relates to the bill. I send an sufficient second? Mr. ENSIGN. Mr. President, I move amendment to the desk and ask for its There is a sufficient second. to waive the applicable provisions of The question is on agreeing to the immediate consideration. the Congressional Budget Act with re- The PRESIDING OFFICER. The motion. spect to my amendment and ask for The clerk will call the roll. clerk will report. The assistant journal clerk called the the yeas and nays. The legislative clerk read as follows: roll. The PRESIDING OFFICER. Is there a The Senator from South Carolina [Mr. Mr. DURBIN. I announce that the sufficient second? GRAHAM] proposes an amendment numbered Senator from South Dakota (Mr. JOHN- There is a sufficient second. 2360 to amendment No. 2327. SON) and the Senator from Illinois (Mr. The question is on agreeing to the Mr. GRAHAM. Mr. President, I ask OBAMA) are necessarily absent. motion. unanimous consent that the reading of Mr. LOTT. The following Senator is The clerk will call the roll. the amendment be dispensed with. necessarily absent: the Senator from The assistant legislative clerk called The PRESIDING OFFICER. Without Kansas (Mr. BROWNBACK). the roll. objection, it is so ordered. The PRESIDING OFFICER. Are there Mr. DURBIN. I announce that the The amendment is as follows: Senator from South Dakota (Mr. JOHN- any other Senators in the Chamber de- (Purpose: To discourage drug use among siring to vote? SON) and the Senator from Illinois (Mr. college students) The yeas and nays resulted—yeas 53, OBAMA) are necessarily absent. Strike section 701 of the Higher Education nays 44, as follows: Mr. LOTT. The following Senator is Access Act of 2007, relating to student eligi- [Rollcall Vote No. 262 Leg.] necessarily absent: the Senator from bility. YEAS—53 Kansas (Mr. BROWNBACK). Mr. GRAHAM. Mr. President, I am The PRESIDING OFFICER. Are there Akaka Feinstein Mikulski going to do something else unusual. I Baucus Graham Murray any other Senators in the Chamber de- think we have an agreement to voice Bayh Hagel Nelson (FL) siring to vote? Biden Harkin vote this amendment. Quite frankly, Pryor The yeas and nays resulted—yeas 57, Boxer Inouye Reed the amendment is pretty simple. I Brown Kerry Reid nays 40, as follows: Cantwell Klobuchar think that is why we are all going to Rockefeller [Rollcall Vote No. 263 Leg.] agree to it. Cardin Kohl Salazar Carper Landrieu YEAS—57 Sanders Under the current student loan appli- Casey Lautenberg Schumer Alexander DeMint Martinez cation process you are asked: Have you Clinton Leahy Snowe Allard Dole McCain ever been convicted of a drug offense? Collins Levin Barrasso Domenici McConnell Conrad Lieberman Specter That question determines whether or Stabenow Baucus Dorgan Murkowski Dodd Lincoln Bayh Ensign Nelson (NE) Tester not you are eligible for a period of time Domenici Lugar Bennett Enzi Pryor Webb to get student loan money. If you have Dorgan McCain Bond Graham Roberts Whitehouse Durbin McCaskill Bunning Grassley Rockefeller been convicted of simple possession, Feingold Menendez Wyden Burr Gregg Sessions you are ineligible for a year; the second NAYS—44 Chambliss Harkin Shelby offense, 2 years; the third offense, in- Coburn Hatch Smith definite ineligibility. If you sold, first Alexander Craig Martinez Cochran Hutchison Snowe Allard Crapo McConnell Coleman Inhofe Stevens offense, two years of ineligibility from Barrasso DeMint Murkowski Collins Isakson Sununu date of conviction. Bennett Dole Nelson (NE) Conrad Klobuchar Tester The application has a question that I Bingaman Ensign Roberts Corker Kyl Thune Bond Enzi Sessions Cornyn Landrieu Vitter think makes all this relevant: ‘‘Have Bunning Grassley Shelby Craig Lincoln Warner you ever been convicted’’ is the ques- Burr Gregg Smith Crapo Lott Wyden tion. That has been taken off the appli- Byrd Hatch Stevens Chambliss Hutchison NAYS—40 cation. It needs to stay on. I would Sununu Coburn Inhofe urge everyone to support this amend- Thune Akaka Feinstein Murray Cochran Isakson Biden Hagel Nelson (FL) ment to keep current law as it is. Coleman Kennedy Vitter Bingaman Inouye Reed Corker Voinovich Mr. KENNEDY. Mr. President, I urge Kyl Boxer Kennedy Cornyn Warner Reid our Members to support this amend- Lott Brown Kerry Salazar ment. Those who are ineligible because NOT VOTING—3 Byrd Kohl Sanders Cantwell Lautenberg of drug usage, for the Pell grants, will Brownback Johnson Obama Schumer Cardin Leahy Specter be ineligible under our legislation. This Carper Levin The PRESIDING OFFICER. On this Stabenow Casey Lieberman clarifies it. We had simplified the ap- vote, the yeas are 53, the nays are 44. Voinovich Clinton Lugar plication form. The Senator’s amend- Webb Three-fifths of the Senators duly cho- Dodd McCaskill ment addresses that simplification, and Whitehouse sen and sworn not having voted in the Durbin Menendez we will accept that amendment. Feingold Mikulski affirmative, the motion is rejected. The PRESIDING OFFICER. The The point of order is sustained, and the NOT VOTING—3 question is on agreeing to the amend- amendment falls. Brownback Johnson Obama ment. The majority leader is recognized. Mr. REID. Mr. President, some of my The PRESIDING OFFICER. On this The amendment (No. 2360) was agreed Members have criticized we are not en- vote, the yeas are 57, the nays are 40. to. forcing the 10-minute vote rule—10 Three-fifths of the Senators duly cho- Mr. KENNEDY. Mr. President, I see minutes and a 5-minute leeway period. sen and sworn not having voted in the the Senator from Minnesota is seeking We are going to strictly enforce that. affirmative, the motion is rejected. recognition. We have a lot to do tonight, so every- The point of order is sustained, and the The PRESIDING OFFICER. The Sen- one should know if they are not here, amendment falls. ator from Minnesota is recognized. after the 10 minutes, plus the 5 min- The PRESIDING OFFICER. The Sen- AMENDMENT NO. 2359 TO AMENDMENT NO. 2327 utes, the vote will be terminated. The ator from Massachusetts is recognized. Mr. COLEMAN. Mr. President, I send votes will be a total of 15 minutes. Mr. KENNEDY. I see the Senator an amendment to the desk and ask for AMENDMENT NO. 2355 from South Carolina on his feet look- its immediate consideration. The PRESIDING OFFICER. The Sen- ing for recognition. I hope he will be The PRESIDING OFFICER. The ator from Massachusetts. recognized because I think he has an clerk will report.

VerDate Aug 31 2005 06:03 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.113 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9586 CONGRESSIONAL RECORD — SENATE July 19, 2007 The legislative clerk read as follows: 30 seconds. We have three tax amend- this and was able to work with some The Senator from Minnesota [Mr. COLE- ments and one voter ID. They are still others—the Senator from Maine and MAN] proposes an amendment numbered 2359 remaining on the list, so that is what some others—to actually get into law to amendment No. 2327. we will try to address next. and then get extended a $4,000 tuition Mr. COLEMAN. Mr. President, I ask The PRESIDING OFFICER. The Sen- deductibility for the vast majority of unanimous consent that further read- ator from New Hampshire is recog- families. ing of the amendment be dispensed nized. But the trouble with this amend- with. AMENDMENT NO. 2341 TO AMENDMENT NO. 2327 ment, of course, is not only is it not The PRESIDING OFFICER. Without Mr. SUNUNU. Mr. President, I call paid for, but if it were to be added to objection, it is so ordered. up amendment No. 2341 and ask for its this bill, it would rob from Peter to The amendment is as follows: immediate consideration. give to Paul because it would undo all (Purpose: To protect innocent children) The PRESIDING OFFICER. The of the good things in the underlying At the end, add the following: clerk will report. bill—not just the Pell grants but the SEC. lll. INNOCENT CHILD PROTECTION. The legislative clerk read as follows: excellent provision that says that no (a) IN GENERAL.—It shall be unlawful for The Senator from New Hampshire [Mr. one, even of middle income and higher any authority, military or civil, of the SUNUNU] proposes an amendment numbered middle income, should pay more than United States, a State, or any district, pos- 2341 to amendment No. 2327. 15 percent of their adjusted earnings session, commonwealth or other territory when they pay back their student under the authority of the United States, to Mr. SUNUNU. Mr. President, I ask unanimous consent that the reading of loans. carry out a sentence of death on a woman So I will be offering a second-degree while she carries a child in utero. the amendment be dispensed with. amendment that says we certainly (b) DEFINITION.—In this section, the term The PRESIDING OFFICER. Without ‘‘child in utero’’ means a member of the spe- objection, it is so ordered. agree with increasing tuition deduct- cies homo sapiens, at any stage of develop- The amendment is as follows: ibility but not at the expense of what ment, who is carried in the womb. the Senator from Massachusetts and (Purpose: To permanently extend certain Mr. COLEMAN. Mr. President, my education-related tax incentives) the Senator from New Hampshire are amendment, the protection of the inno- trying to do. At the appropriate place, insert the fol- The PRESIDING OFFICER. The Sen- cent child, will prohibit any level of lowing: ator’s time has expired. government—Federal, military, and SEC. lll. PERMANENT EXTENSION OF CERTAIN State governments—from carrying out EDUCATION-RELATED TAX INCEN- AMENDMENT NO. 2361 TO AMENDMENT NO. 2341 a death sentence on a pregnant woman. TIVES. Mr. SCHUMER. Mr. President, I send In existing law, the Violent Crime Title IX of the Economic Growth and Tax a second-degree amendment to the Control and Law Enforcement Act of Relief Reconciliation Act of 2001 (relating to desk. 1994 already prohibits Federal execu- sunset of provisions of such Act) shall not The PRESIDING OFFICER. The tions of a woman while pregnant. How- apply to title IV of such Act (relating to af- clerk will report. fordable education provisions). ever, this law does not apply to the The legislative clerk read as follows: military or States. In fact, most execu- Mr. SUNUNU. Mr. President, I am The Senator from New York [Mr. SCHUMER] tions are carried out by States. Addi- pleased to offer this amendment that proposes an amendment numbered 2361 to tionally, the existing law does not rec- has a great deal to do with education. amendment No. 2341. ognize the principle of the unborn child That is the underlying issue that we Mr. SCHUMER. I ask unanimous con- is innocent and, therefore, must be are debating tonight. We have an im- sent that the reading of the amend- shielded from wrongful execution. portant bill that tries to address acces- ment be dispensed with. My amendment does not reflect any sibility of higher education for mil- The PRESIDING OFFICER. Without point of view on the desirability or ap- lions of Americans, and my amendment objection, it is so ordered. propriateness of capital punishment. addresses that very subject by extend- The amendment is as follows: This amendment is grounded in the un- ing a number of important provisions In the amendment strike all after the first that are currently in tax law, but they word and insert the following: deniable fact that a human being is It is the sense of the Senate that Congress being carried by the pregnant woman expire in 2010. These are provisions that have broad bipartisan support, should provide tax relief to help families af- and cannot possibly be guilty of a ford the cost of higher education, including crime and, therefore, should not be provisions that many in this Chamber making tuition deductible against taxes, and subject to the death penalty itself. have voted for time and again; allowing eliminate wasteful spending, such as spend- Women do become pregnant in pris- a $2,000 contribution to educational ing on unnecessary tax loopholes, in order to on, even at maximum security facili- savings accounts, having an exclusion fully offset the cost and avoid forcing tax- ties, from sad and unfortunate situa- for your employer if they provide you payers to pay substantially more interest to with education assistance to encourage foreign creditors; and that such relief should tions involving rape or having rela- be provided on an appropriate legislative ve- tions with a guard. Congress should those employers to foster additional education for their employees; having hicle that won’t jeopardize legislation pro- prevent the government at any level viding greater access and affordability to from taking the life of an innocent tax exempt bonds for qualified edu- higher education for millions of students by human being by prohibiting within all cation facilities; giving deductions, tax subjecting the bill to a ‘‘blue slip’’ by the U.S. jurisdictions any death sentence deductions for tuition to millions of House. from being carried out when a woman Americans across the country seeking Mr. SUNUNU. Mr. President, is there convicted of a capital crime is preg- higher education, and allowing a de- time remaining on the second-degree nant. duction of student loan interest, not amendment? The PRESIDING OFFICER. The Sen- just for those who itemize on their The PRESIDING OFFICER. Two ator from California is recognized. taxes but for all Americans. minutes of debate equally divided. Mrs. BOXER. Mr. President, we could I hope my colleagues will support me The Senator from New York is recog- accept this antideath penalty amend- in this effort to extend these existing nized. ment, and we are going to accept it, so provisions in law, and I urge the adop- Mr. SCHUMER. Mr. President, this we would rather avoid a vote, if we tion of the amendment. second-degree amendment expresses might. We are willing to accept it. The PRESIDING OFFICER. The Sen- the sense of the Senate that Congress The PRESIDING OFFICER. The ator’s time has expired. should provide tax relief to help fami- question is on agreeing to the amend- The Senator from New York is recog- lies afford the cost of higher education, ment. nized. including making tuition deductible The amendment (No. 2359) was agreed Mr. SCHUMER. Mr. President, cer- against taxes and eliminate wasteful to. tainly the sentiments of this amend- spending such as spending on the nec- The PRESIDING OFFICER. The Sen- ment are absolutely correct. We cer- essary tax loopholes, in order to fully ator from Massachusetts is recognized. tainly want to increase deductibility. offset the costs and forcing taxpayers Mr. KENNEDY. Mr. President, let me As my friend from New Hampshire to pay substantially more interest to ask unanimous consent to proceed for knows, I have worked long and hard on foreign creditors.

VerDate Aug 31 2005 06:03 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.116 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9587 We do believe on this side in pay-go. The result was announced—yeas 48, The legislative clerk called the roll. We are going to pay for the worthy pro- nays 48, as follows: Mr. DURBIN. I announce that the grams we want to enact and put our [Rollcall Vote No. 264 Leg.] Senator from West Virginia (Mr. fiscal house in order. This amendment YEAS—48 BYRD), the Senator from South Dakota expresses that. It expresses the view Akaka Feingold Mikulski (Mr. JOHNSON), and the Senator from also that we should not jeopardize Baucus Feinstein Murray Illinois (Mr. OBAMA) are necessarily ab- that, because if this amendment were Bayh Harkin Nelson (FL) sent. to be adopted, it being tax legislation, Biden Inouye Nelson (NE) Bingaman Kennedy Pryor Mr. MCCONNELL. The following Sen- the bill would be blue-slipped by the Boxer Kerry Reed ators are necessarily absent: the Sen- House and sent back to the Finance Brown Klobuchar Reid ator from Kansas (Mr. BROWNBACK) and Committee, and all of the good work Cantwell Kohl Rockefeller Cardin Landrieu Salazar the Senator from Mississippi (Mr. we have done over the last day or two Carper Lautenberg Sanders LOTT). and the great things that would be Casey Leahy Schumer done to help those who need Pell Clinton Levin Stabenow The PRESIDING OFFICER. Are there grants and those middle-class students Conrad Lieberman Tester any other Senators in the Chamber de- Dodd Lincoln Webb siring to vote? who will have their loan repayments Dorgan McCaskill Whitehouse capped will be gone down the drain. Durbin Menendez Wyden The yeas and nays resulted—yeas 47, That is what the second-degree amend- NAYS—48 nays 48, as follows: ment does. Alexander DeMint Martinez [Rollcall Vote No. 265 Leg.] I yield the remainder of my time. Allard Dole McCain The PRESIDING OFFICER. The Sen- Barrasso Domenici McConnell YEAS—47 ator from New Hampshire is recog- Bennett Ensign Murkowski Alexander DeMint McCain nized. Bond Enzi Roberts Allard Dole McConnell Bunning Graham Sessions Barrasso Domenici Mr. SUNUNU. Mr. President, I have Murkowski Burr Grassley Shelby Bennett Ensign Nelson (NE) three quick points. I certainly trust Chambliss Gregg Smith Bond Enzi Roberts the Finance Committee. If the Finance Coburn Hagel Snowe Bunning Graham Sessions Cochran Hatch Specter Burr Grassley Shelby Committee believes in all these tax Coleman Hutchison Stevens Chambliss Gregg Smith provisions, it could send the bill back Collins Inhofe Sununu Coburn Hagel Snowe Corker Isakson Thune Cochran Hatch expediently, and it could move on its Specter Cornyn Kyl Vitter Coleman Hutchison merry way. But the suggestion that Stevens Craig Lott Voinovich Collins Inhofe doing the right thing on taxes is in- Crapo Lugar Warner Corker Isakson Sununu compatible with the Senate doing its Cornyn Kyl Thune NOT VOTING—4 work is wrong. Craig Lugar Vitter Warner Second, this is a second degree. It is Brownback Johnson Crapo Martinez Byrd Obama a sense of the Senate that we agree NAYS—48 with all these tax provisions. But we The PRESIDING OFFICER. On this vote, the yeas are 48, the nays are 48. Akaka Feingold Mikulski don’t quite agree enough to actually Baucus Feinstein Murray write them into law. I think that is a Three-fifths of the Senators duly cho- Bayh Harkin Nelson (FL) little disappointing and disingenuous. I sen and sworn not having voted in the Biden Inouye Pryor affirmative, the motion is rejected. Bingaman Kennedy Reed think if we believe this is good policy, Boxer Kerry Reid it is the right thing to encourage ac- The point of order is sustained. The Brown Klobuchar Rockefeller cessibility of higher education, if it is amendment falls. Cantwell Kohl Salazar the right thing to do for the 75 percent The majority leader is recognized. Cardin Landrieu Sanders Mr. REID. Mr. President, I have con- Carper Lautenberg Schumer of filers in that $50,000 to $65,000 range Casey Leahy Stabenow to take advantage of these provisions, ferred with my Republican friends. It Clinton Levin Tester we should put it in this bill and pass it will be in everyone’s interest if the Conrad Lieberman Voinovich votes be 10 minutes. That is the vote Dodd Lincoln Webb into law, and we should make sure Dorgan McCaskill Whitehouse these provisions continue to be acces- will be cut off at 10 minutes. I ask Durbin Menendez Wyden sible to the Americans who use them. unanimous consent that be the case. I make a point of order that this sec- The PRESIDING OFFICER. Without NOT VOTING—5 ond-degree amendment is nongermane, objection, it is so ordered. Brownback Johnson Obama Byrd Lott and I ask for the yeas and nays on the Mr. REID. Mr. President, I hope peo- point of order. ple will stay in the Chamber. It makes The PRESIDING OFFICER. On this Mr. SCHUMER. Mr. President, pursuit very difficult for staff if they are in vote, the yeas are 47, the nays are 48. ant to section 904 of the Congressional and out of here. We have as many as Three-fifths of the Senators duly cho- Budget Act of 1974, I move to waive the seven more votes, eight more votes. sen and sworn not having voted in the applicable sections of that act for pur- Probably seven. If they are willing to affirmative, the motion is rejected. poses of the pending amendment, and I stay here, we can whip through them in The point of order is sustained. The ask for the yeas and nays. an hour; otherwise, it is going to take amendment falls. The PRESIDING OFFICER. Is there a a long time. Let’s proceed with the underlying The PRESIDING OFFICER. The Sen- sufficient second? There is a sufficient ator from Alabama is recognized. second. amendment. The question is on agreeing to the AMENDMENT NO. 2341 CORRECTION OF VOTE motion. Mr. KENNEDY. Mr. President, I raise Mr. SHELBY. On rollcall vote No. The clerk will call the roll. a point of order against the amend- 265, I was present and voted ‘‘yea.’’ The The legislative clerk called the roll. ment pursuant to section 305(b)(2) and official record has me listed as absent. Mr. DURBIN. I announce that the 310(e) of the Congressional Budget Act. Therefore, I ask unanimous consent Senator from West Virginia (Mr. Mr. SUNUNU. Mr. President, I move that the official record be corrected to BYRD), the Senator from South Dakota that the applicable portions of the accurately reflect my vote. This will in (Mr. JOHNSON), and the Senator from Budget Act be waived, and I ask for the no way change the outcome of the Illinois (Mr. OBAMA) are necessarily ab- yeas and nays. vote. The PRESIDING OFFICER. Is there a sent. The PRESIDING OFFICER. Without Mr. LOTT. The following Senator is sufficient second? objection, it is so ordered. necessarily absent: the Senator from There appears to be a sufficient sec- Kansas (Mr. BROWNBACK). ond. (The foregoing tally has been The PRESIDING OFFICER. Are there The question is on agreeing to the changed to reflect the above order.) any other Senators in the Chamber de- motion. The PRESIDING OFFICER. The Sen- siring to vote? The clerk will call the roll. ator from Texas is recognized.

VerDate Aug 31 2005 07:58 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.120 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9588 CONGRESSIONAL RECORD — SENATE July 19, 2007 AMENDMENT NO. 2339 TO AMENDMENT NO. 2327 The PRESIDING OFFICER. The Sen- [Rollcall Vote No. 266 Leg.] Mr. CORNYN. Mr. President, I call up ator is recognized for 1 minute. YEAS—55 amendment No. 2339 at the desk. Mr. CORNYN. Mr. President, no one Alexander DeMint McCain The PRESIDING OFFICER. The disputes that a key part of America’s Allard Dole McConnell clerk will report. economy is our ability to innovate and Barrasso Domenici Murkowski The legislative clerk read as follows: retain the most qualified workers, es- Baucus Ensign Murray The Senator from Texas [Mr. CORNYN], for pecially in areas such as math, science, Bayh Enzi Nelson (NE) Bennett Graham himself, Mr. ENZI, Mr. GREGG, and Mr. Roberts and engineering. There is one step Con- Bond Grassley SMITH, proposes an amendment numbered gress can take this year to help provide Schumer Bunning Gregg Shelby 2339 to amendment No. 2327. Burr Hagel at least temporary relief. My amend- Smith Cantwell Hatch Mr. CORNYN. Mr. President, I ask ment would allow the Department of Snowe Chambliss Hutchison unanimous consent that the reading of Specter State and the Department of Homeland Coburn Inhofe the amendment be dispensed with. Security to recapture unused employ- Cochran Isakson Stevens The PRESIDING OFFICER. Without ment-based visas. These unused visa Coleman Klobuchar Sununu objection, it is so ordered. numbers would go to nurses, physical Collins Kyl Thune The amendment is as follows: Corker Landrieu Vitter therapists, and other key areas for peo- Warner (Purpose: To provide interim relief for short- Cornyn Lieberman ple with extraordinary ability with ad- Craig Lugar Wyden ages in employment-based visas for aliens vanced degrees. Crapo Martinez with extraordinary ability and advanced This amendment would also include a degrees and for nurses) one-time H–1B visa increase of 115,000 NAYS—40 At the appropriate place, insert the fol- for fiscal year 2008 only, given if that Akaka Feinstein Pryor lowing: cap was hit in the first day this year. Biden Harkin Reed SEC. ll. EMPLOYMENT-BASED VISAS. This amendment will go a long way Bingaman Inouye Reid Boxer Kennedy (a) RECAPTURE OF UNUSED EMPLOYMENT- to help provide the legal workers who Rockefeller BASED IMMIGRANT VISAS.—Section 106(d) of Brown Kerry Salazar the American Competitiveness in the Twen- are the lifeblood of the U.S. economy. I Cardin Kohl Sanders Carper Lautenberg ty-first Century Act of 2000 (Public Law 106– urge my colleagues to support this Sessions amendment. Casey Leahy Stabenow 313; 8 U.S.C. 1153 note) is amended— Clinton Levin Mr. DURBIN. Mr. President, this H– Tester (1) in paragraph (1)— Conrad Lincoln Voinovich (A) by inserting ‘‘1994, 1996, 1997, 1998,’’ 1B visa issue was debated during the Dodd McCaskill Webb after ‘‘available in fiscal year’’; course of the immigration bill. We de- Dorgan Menendez Whitehouse (B) by striking ‘‘or 2004’’ and inserting cided to increase the number of the H– Durbin Mikulski ‘‘2004, or 2006’’; and 1B visas but also increase the safe- Feingold Nelson (FL) (C) by striking ‘‘be available’’ and all that guards against abuse. We know abuses NOT VOTING—5 follows and inserting the following: ‘‘be are taking place. We wanted to be sure Brownback Johnson Obama available only to— American workers have first chance at ‘‘(A) employment-based immigrants under Byrd Lott these jobs, No. 1; and, No. 2, we want to paragraphs (1), (2), and (3) of section 203(b) of The PRESIDING OFFICER. On this the Immigration and Nationality Act (8 stop these foreign job shops that are using thousands of these H–1B visas to vote, the yeas are 55, the nays are 40. U.S.C. 1153(b)); Three-fifths of the Senators duly cho- ‘‘(B) the family members accompanying or outsource jobs in the United States following to join such employment-based im- then back to their home country. sen and sworn not having voted in the migrants under section 203(d) of such Act; None of those reforms are included. affirmative, the motion is rejected. and All we have is an increase in the H–1B The point of order is sustained and the ‘‘(C) those immigrant workers who had pe- visa numbers. We need a balanced and amendment falls. titions approved based on Schedule A, Group coordinated approach that increases AMENDMENT NO. 2362 TO AMENDMENT NO. 2327 I under section 656.5 of title 20, Code of Fed- the numbers with the safeguards. Un- eral Regulations, as promulgated by the Sec- Mr. DEMINT. Mr. President, I call up retary of Labor.’’; and fortunately, Senator CORNYN’s amend- amendment No. 2362. (2) in paragraph (2)— ment does not do that, and I urge my colleagues to oppose it. The PRESIDING OFFICER. The (A) in subparagraph (A), by striking ‘‘1999 clerk will report. through 2004’’ and inserting ‘‘1994, 1996 Mr. President, the pending amend- through 1998, 2001 through 2004, and 2006’’; ment is not germane. Therefore, I raise The assistant legislative clerk read and a point of order pursuant to section as follows: (B) in subparagraph (B), by amending 305(b)(2) and section 310(e) of the Con- The Senator from South Carolina [Mr. clause (ii) to read as follows: gressional Budget Act of 1974. DEMINT] proposes an amendment numbered ‘‘(ii) DISTRIBUTION OF VISAS.—The total Mr. CORNYN. Mr. President, pursu- 2362 to amendment No. 2327. number of visas made available under para- ant to section 904 of the Congressional graph (1) from unused visas from fiscal years Budget Act of 1974, I move to waive the Mr. DEMINT. Mr. President, I ask 1994, 1996 through 1998, 2001 through 2004, and applicable sections of the Budget Act unanimous consent that the reading of 2006 shall be distributed as follows: for the consideration of this amend- the amendment be dispensed with. ‘‘(I) The total number of visas made avail- The PRESIDING OFFICER. Without able for immigrant workers who had peti- ment, and I ask for the yeas and nays. tions approved based on Schedule A, Group I The PRESIDING OFFICER. Is there a objection, it is so ordered. under section 656.5 of title 20, Code of Fed- sufficient second? There appears to be The amendment is as follows: eral Regulations, as promulgated by the Sec- a sufficient second. The question is on agreeing to the (Purpose: To repeal the sunset of the Eco- retary of Labor shall be 61,000. nomic Growth and Tax Relief Reconcili- ‘‘(II) The visas remaining from the total motion. ation Act of 2001 with respect to the expan- made available under subclause (I) shall be The clerk will call the roll. The legislative clerk called the roll. sion of the adoption credit and adoption allocated equally among employment-based assistance programs) immigrants with approved petitions under Mr. DURBIN. I announce that the paragraph (1), (2), or (3) of section 203(b) of Senator from West Virginia (Mr. At the appropriate place, insert the fol- the Immigration and Nationality Act (and BYRD), the Senator from South Dakota lowing: their family members accompanying or fol- (Mr. JOHNSON), and the Senator from SEC. lll. REPEAL OF APPLICABILITY OF SUN- lowing to join).’’. Illinois (Mr. OBAMA) are necessarily ab- SET OF THE ECONOMIC GROWTH (b) H–1B VISA AVAILABILITY.—Section sent. AND TAX RELIEF RECONCILIATION ACT OF 2001 WITH RESPECT TO 214(g)(1)(A) of the Immigration and Nation- C Mr. M CONNELL. The following Sen- ADOPTION CREDIT AND ADOPTION ality Act (8 U.S.C. 1184(g)(1)(A)) is amended— ators are necessarily absent: the Sen- (1) in clause (vi), by striking ‘‘and’’ at the ASSISTANCE PROGRAMS. end; ator from Kansas (Mr. BROWNBACK) and Section 901 of the Economic Growth and (2) by redesignating clause (vii) as clause the Senator from Mississippi (Mr. Tax Relief Reconciliation Act of 2001 is (ix); and LOTT). amended by adding at the end the following (3) by inserting after clause (vi) the fol- The PRESIDING OFFICER. Are there new subsection: lowing: any other Senators in the Chamber de- ‘‘(c) EXCEPTION.—Subsection (a) shall not ‘‘(vii) 65,000 in each of fiscal years 2004 siring to vote? apply to the amendments made by section through 2007; The yeas and nays resulted—yeas 55, 202 (relating to expansion of adoption credit ‘‘(viii) 115,000 in fiscal year 2008; and’’. nays—40, as follows: and adoption assistance programs).’’.

VerDate Aug 31 2005 07:23 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.130 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9589 The PRESIDING OFFICER. The Sen- credit and eliminate wasteful spending, such ator from Kansas (Mr. BROWNBACK) and ator from South Carolina is recognized as spending on unnecessary tax loopholes, in the Senator from Mississippi (Mr. for 1 minute. order to fully offset the cost and avoid forc- LOTT). ing taxpayers to pay substantially more in- Mr. DEMINT. Mr. President, I may The PRESIDING OFFICER (Ms. terest to foreign creditors; and that such re- have an amendment that we can actu- lief should be provided on an appropriate leg- KLOBUCHAR). Are there any other Sen- ally all agree on tonight. islative vehicle that won’t jeopardize legisla- ators in the Chamber desiring to vote? As many of my colleagues know, the tion providing greater access and afford- The yeas and nays resulted—yeas 48, infant adoption tax credit is a powerful ability to higher education for millions of nays 48, as follows: tool that is making it possible for students by subjecting the bill to a ‘‘blue [Rollcall Vote No. 267 Leg.] thousands of American families to open slip’’ by the House. YEAS—48 their homes to children in need. I know The PRESIDING OFFICER. The Sen- Akaka Feingold Mikulski everyone here agrees with me that ator from Louisiana is recognized for 1 Baucus Feinstein Murray there is nothing more important than minute. Bayh Harkin Nelson (FL) Biden Inouye Nelson (NE) for a child to have someone to call a Ms. LANDRIEU. Mr. President, I Bingaman Kennedy Pryor mom and a dad. There is nothing more offer this second-degree. I appreciate Boxer Kerry Reed important to the success of education the Senator’s compliments about the Brown Klobuchar Reid Cantwell Kohl Rockefeller than a good family. work we have done to put this tax cred- Cardin Landrieu Salazar Unfortunately, the current adoption it on the books. It is a very important Carper Lautenberg Sanders tax credit is scheduled to sunset in tax credit, but if we are going to have Casey Leahy Schumer 2010. If we don’t make this tax relief it, we need to pay for it. Clinton Levin Stabenow Conrad Lieberman Tester permanent, adoption taxes will go up The problem with the first-degree Dodd Lincoln Webb and many American families will not amendment is it is not paid for and it Dorgan McCaskill Whitehouse be able to afford the expenses associ- is going to jeopardize the underlying Durbin Menendez Wyden ated with adoption, which are now be- bill. So, yes, we do need to extend this NAYS—48 tween $10,000 and $25,000. I wish to tax permanently but not on this bill Alexander Crapo Martinez thank all the people in this Chamber and not tonight, and we need to find a Allard DeMint McCain who have done so much for the cause of way to pay for it. That is why I am of- Barrasso Dole McConnell Bennett Domenici Murkowski adoption, especially Senator LANDRIEU, fering this amendment as a second-de- Bond Ensign Roberts Senator CRAIG, and Senator BUNNING, gree. Bunning Enzi Sessions whose amendment we are actually I ask all of us who are supporting it Burr Graham Shelby bringing up today. to vote for the second-degree amend- Byrd Grassley Smith Chambliss Gregg Snowe The PRESIDING OFFICER. The Sen- ment. Coburn Hagel Specter ator’s time has expired. The PRESIDING OFFICER. The Sen- Cochran Hatch Stevens Mr. DEMINT. Mr. President, I urge ator from South Carolina. Coleman Hutchison Sununu all my colleagues to vote for this Mr. DEMINT. Mr. President, I thank Collins Inhofe Thune Corker Isakson Vitter amendment. the Senator for her comments as well. Cornyn Kyl Voinovich The PRESIDING OFFICER. The sen- We all know adoption is an important Craig Lugar Warner ior Senator from Massachusetts is rec- issue. I wish the situation were such in NOT VOTING—4 ognized for 1 minute on this amend- the Senate that we could bring this up Brownback Lott ment. at a different time. As we look forward Johnson Obama Mr. KENNEDY. Mr. President, a very to between now and the rest of this The PRESIDING OFFICER. On this basic and fundamental issue. This is a year and, frankly, through 2008, it is vote the yeas are 48, the nays are 48. constitutional issue. The taxes that are going to be very difficult to get this Three-fifths of the Senators duly cho- raised result in a blue slip, which effec- amendment up. We know the process of sen and sworn not having voted in the tively is automatically exercised. The getting back to the Finance Com- affirmative, the motion is rejected. chairman of our Budget Committee, mittee and then back as part of this The point of order is sustained and the the Senator from North Dakota, under- bill will not bring this bill down. I en- amendment falls. stands this and understands it well. It courage my colleagues to look at the The Senator from Massachusetts. effectively ends the bill. It effectively greater good, the issue here. There is Mr. KENNEDY. Madam President, I ends the bill constitutionally. no reason we can’t create some predict- make a point of order that the amend- I understand the Senator from Lou- ability with the adoption tax credit so ment is not germane, and raise a point isiana is going to have an alternative. we can continue to grow the number of of order pursuant to section 305(b)(2) There are only three tax provisions, adoptions in this country. and section 310(e) of the Congressional but the tax provisions that are offered For that reason, I raise a point of Budget Act of 1974. effectively result in what is a constitu- order that the pending second-degree The PRESIDING OFFICER. The Sen- tional blue slip. I have not talked amendment is not germane. ator from South Carolina. about killer amendments or poison The PRESIDING OFFICER. The Sen- Mr. DEMINT. Madam President, pur- pills, I am talking about this constitu- ator from Louisiana. suant to section 904 of the Congres- tionally. Ms. LANDRIEU. Mr. President, pur- sional Budget Act of 1974, I move to I see the Senator from North Dakota, suant to section 904 of the Congres- waive the applicable portion of the from the Budget Committee, agrees. sional Budget Act, I move to waive the Budget Act, and ask for the yeas and The PRESIDING OFFICER. The Sen- applicable sections of the act for the nays on amendment No. 2362. ator’s time has expired. purposes of the pending amendment. The PRESIDING OFFICER. Is there a The Senator from Louisiana is recog- I ask for the yeas and nays. sufficient second? nized. The PRESIDING OFFICER. Is there a There appears to be a sufficient sec- AMENDMENT NO. 2363 TO AMENDMENT NO. 2362 sufficient second? There is a sufficient ond. Ms. LANDRIEU. Mr. President, I second. The question is on agreeing to the would like to offer a second-degree The question is on agreeing to the motion. amendment. motion. The clerk will call the roll. The PRESIDING OFFICER. The The clerk will call the roll. The assistant legislative clerk called clerk will report. The assistant legislative clerk called the roll. The legislative clerk read as follows: the roll. Mr. DURBIN. I announce that the The Senator from Louisiana [Ms. Mr. DURBIN. I announce that the Senator from South Dakota (Mr. JOHN- LANDRIEU] proposes an amendment num- Senator from South Dakota (Mr. JOHN- SON) and the Senator from Illinois (Mr. bered 2363 to amendment No. 2362. SON) and the Senator from Illinois (Mr. OBAMA) are necessarily absent. Strike all after the first word and insert: OBAMA) are necessarily absent. Mr. McCONNELL. The following Sen- It is the sense of the Senate that Congress Mr. MCCONNELL. The following Sen- ators are necessarily absent: the Sen- should permanently extend the adoption tax ators are necessarily absent: the Sen- ator from Kansas (Mr. BROWNBACK) and

VerDate Aug 31 2005 07:23 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.134 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9590 CONGRESSIONAL RECORD — SENATE July 19, 2007 the Senator from Mississippi (Mr. (A) by redesignating sections 304 and 305 as ‘‘(b) AVAILABILITY.—Any amounts appro- LOTT). sections 305 and 306, respectively; and priated pursuant to the authority of this sec- The PRESIDING OFFICER. Are there (B) by inserting after section 303 the fol- tion shall remain available until expended.’’. any other Senators in the Chamber de- lowing new section: (2) CONFORMING AMENDMENT.—The table of contents of the Help America Vote Act of siring to vote? ‘‘SEC. 304. IDENTIFICATION OF VOTERS AT THE POLLS. 2002 is amended by inserting after the item The yeas and nays resulted—yeas 48, relating to section 296 the following: nays 48, as follows: ‘‘(a) IN GENERAL.—Notwithstanding the requirements of section 303(b), each State shall ‘‘PART 7—PHOTO IDENTIFICATION [Rollcall Vote No. 268 Leg.] require individuals casting ballots in an elec- ‘‘Sec. 297. Payments for free photo identi- YEAS—48 tion for Federal office in person to present a fication. current valid photo identification issued by a Alexander Crapo Martinez ‘‘Sec. 298. Authorization of appropriations.’’. Allard DeMint McCain governmental entity before voting. Barrasso Dole McConnell ‘‘(b) EFFECTIVE DATE.—Each State shall be Mrs. DOLE. Madam President, I am Bayh Domenici Murkowski required to comply with the requirements of proposing a commonsense measure to Bennett Ensign Nelson (NE) subsection (a) on and after January 1, 2008.’’. Bond Enzi Roberts uphold the integrity of Federal elec- (2) CONFORMING AMENDMENTS.— Bunning Graham Sessions tions. My amendment to require voters (A) Section 401 of the Help America Vote Burr Grassley Shelby to show photo identification at the Chambliss Gregg Smith Act of 2002 (42 U.S.C. 15511) is amended by Coburn Hagel Snowe striking ‘‘and 303’’ and inserting ‘‘303, and polls would go a long way in mini- Cochran Hatch Specter 304’’. mizing potential for voter fraud. Coleman Hutchison Stevens (B) The table of contents of the Help Amer- When a fraudulent vote is cast and Collins Inhofe Sununu ica Vote Act of 2002 is amended— counted, the vote of a legitimate voter Corker Isakson Thune (i) by redesignating the items relating to Cornyn Kyl Vitter is cancelled. This is wrong, and my Craig Lugar Warner sections 304 and 305 as relating to items 305 amendment would help ensure that one and 306, respectively; and NAYS—48 (ii) by inserting after the item relating to of the hallmarks of our democracy, our Akaka Feingold Mikulski section 303 the following new item: free and fair elections, is protected. Baucus Feinstein Murray ‘‘Sec. 304. Identification of voters at the This provision was approved by the Biden Harkin Nelson (FL) polls.’’. Senate in the 109th Congress when it Bingaman Inouye Pryor Boxer Kennedy Reed (b) FUNDING FOR FREE PHOTO IDENTIFICA- was filed by Minority Leader MCCON- Brown Kerry Reid TIONS.— NELL, who I am proud to have as a co- Byrd Klobuchar Rockefeller (1) IN GENERAL.—Subtitle D of title II of sponsor of this amendment. Cantwell Kohl Salazar the Help America Vote Act of 2002 (42 U.S.C. Opinion polls repeatedly confirm that Cardin Landrieu Sanders 15401 et seq.) is amended by adding at the end Carper Lautenberg Schumer Americans overwhelmingly support the following: Casey Leahy Stabenow this initiative. I strongly encourage Clinton Levin Tester ‘‘PART 7—PHOTO IDENTIFICATION Conrad Lieberman Voinovich my colleagues to stand with the Amer- ‘‘SEC. 297. PAYMENTS FOR FREE PHOTO IDENTI- Dodd Lincoln Webb ican people and support this measure. FICATION. Dorgan McCaskill Whitehouse I ask for the yeas and nays. Durbin Menendez Wyden ‘‘(a) IN GENERAL.—In addition to any other payments made under this subtitle, the Com- The PRESIDING OFFICER. Is there a NOT VOTING—4 mission shall make payments to States to sufficient second? Brownback Lott promote the issuance to registered voters of There is a sufficient second. Johnson Obama free photo identifications for purposes of The yeas and nays are ordered. meeting the identification requirements The PRESIDING OFFICER. Three- The Senator from California is recog- fifths of the Senators duly chosen and under section 304. ‘‘(b) ELIGIBILITY.—A State is eligible to re- nized. sworn not having voted in the affirma- ceive a grant under this part if it submits to Mrs. FEINSTEIN. Madam President, tive, the motion is rejected. The point the Commission (at such time and in such I rise to speak against this measure. If of order is sustained and the amend- form as the Commission may require) an ap- one would want to suppress the elec- ment falls. plication containing— tion, suppress the vote in the 2008 elec- The Senator from North Carolina is ‘‘(1) a statement that the State intends to recognized. comply with the requirements under section tion, one would vote for this because this measure goes into effect January AMENDMENT NO. 2350 TO AMENDMENT NO. 2327 304; and 1, 2008. It provides that everybody who Mrs. DOLE. Madam President, I have ‘‘(2) a description of how the State intends to use the payment under this part to pro- votes essentially would have to have a an amendment at the desk, No. 2350, vide registered voters with free photo identi- photo ID. If you want to suppress the and I ask for its immediate consider- fications which meet the requirements under minority vote, the elderly vote, the ation. such section. poor vote, this is exactly the way to do The PRESIDING OFFICER. The ‘‘(c) USE OF FUNDS.—A State receiving a it. I urge a ‘‘no’’ vote. Many of these clerk will report the amendment. payment under this part shall use the pay- people do not have driver’s licenses. The assistant legislative clerk read ment only to provide free photo identifica- This amendment would cost hundreds as follows: tion cards to registered voters who do not have an identification card that meets the of millions of dollars to actually carry The Senator from North Carolina [Mrs. requirements under section 304. out. It is a grant program to the DOLE], for herself, and Mr. MCCONNELL, pro- ‘‘(d) ALLOCATION OF FUNDS.— poses an amendment numbered 2350 to States, but it goes into effect—sur- ‘‘(1) IN GENERAL.—The amount of the grant amendment No. 2327. prise—January 1, 2008. I urge a ‘‘no’’ made to a State under this part for a year vote. Mrs. DOLE. Madam President, I ask shall be equal to the product of— unanimous consent that further read- ‘‘(A) the total amount appropriated for The pending amendment is not ger- ing of the amendment be dispensed payments under this part for the year under mane. Therefore, I raise a point of with. section 298; and order pursuant to sections 305(b)(2) and The PRESIDING OFFICER. Without ‘‘(B) an amount equal to— 310(e) of the Congressional Budget Act objection, it is so ordered. ‘‘(i) the voting age population of the State of 1974. (as reported in the most recent decennial Mrs. DOLE. Madam President, I The amendment is as follows: census); divided by (Purpose: To amend the Help America Vote ‘‘(ii) the total voting age population of all move to waive all applicable provisions Act of 2002 to require individuals voting in eligible States which submit an application of the Budget Act for the consideration person to present photo identification) for payments under this part (as reported in of my amendment, and I ask for the At the appropriate place, insert the fol- the most recent decennial census). yeas and nays. lowing: ‘‘SEC. 298. AUTHORIZATION OF APPROPRIATIONS. The PRESIDING OFFICER. Is there a SEC. ll. IDENTIFICATION REQUIREMENT. ‘‘(a) IN GENERAL.—In addition to any other sufficient second? (a) NEW REQUIREMENT FOR INDIVIDUALS amounts authorized to be appropriated under There is a sufficient second. VOTING IN PERSON.— this subtitle, there are authorized to be ap- (1) IN GENERAL.—Title III of the Help Amer- propriated such sums as may be necessary The question is on agreeing to the ica Vote Act of 2002 (42 U.S.C. 15481 et seq.) for the purpose of making payments under motion. is amended— section 297. The clerk will call the roll.

VerDate Aug 31 2005 07:13 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.043 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9591 The assistant legislative clerk called The PRESIDING OFFICER. Without The Senator from North Dakota is the roll. objection, it is so ordered. recognized. Mr. DURBIN. I announce that the The amendment is as follows: Mr. CONRAD. Madam President, I Senator from South Dakota (Mr. JOHN- (Purpose: To amend the Internal Revenue say to my colleagues, if you want to SON) and the Senator from Illinois (Mr. Code of 1986 to repeal the individual alter- kill this bill, this is the way to do it. If OBAMA) are necessarily absent. native minimum tax) your real intention is to eliminate the Mr. MCCONNELL. The following Sen- At the appropriate place, insert the fol- educational assistance for millions of ators are necessarily absent: the Sen- lowing: young people in America, vote for this ator from Kansas (Mr. BROWNBACK) and SEC. l. REPEAL OF INDIVIDUAL ALTERNATIVE amendment. the Senator from Mississippi (Mr. MINIMUM TAX. Everybody knows what is at stake. LOTT). (a) IN GENERAL.—Section 55(a) of the Inter- The Constitution provides revenue bills nal Revenue Code of 1986 (relating to alter- The PRESIDING OFFICER. Are there must begin in the House of Representa- any other Senators in the Chamber de- native minimum tax imposed) is amended by adding at the end the following new flush tives. To begin it here violates the blue siring to vote? sentence: slip process, violates the Budget Act, The yeas and nays resulted—yeas 42, ‘‘For purposes of this title, the tentative and will kill this bill. nays 54, as follows: minimum tax on any taxpayer other than a All of us know the AMT has to be [Rollcall Vote No. 269 Leg.] corporation for any taxable year beginning fixed. In the budget we have passed it YEAS—42 after December 31, 2007, shall be zero.’’. is fixed. It will be fixed by consider- Alexander Crapo Kyl (b) MODIFICATION OF LIMITATION ON USE OF ation in the Finance Committee, which CREDIT FOR PRIOR YEAR MINIMUM TAX LI- Allard DeMint Lugar is where alternatives for fixing it Barrasso Dole Martinez ABILITY.—Subsection (c) of section 53 of the Bennett Domenici McCain Internal Revenue Code of 1986 (relating to should be considered. Bond Ensign McConnell credit for prior year minimum tax liability) This is not the time. It is not the Bunning Enzi Roberts is amended to read as follows: place. It violates the Budget Act. It Burr Graham Sessions ‘‘(c) LIMITATION.— violates the constitutional require- Chambliss Grassley Shelby Coburn Gregg Smith ‘‘(1) IN GENERAL.—Except as provided in ment for the initiation of revenue Cochran Hagel Specter paragraph (2), the credit allowable under measures. I hope my colleagues will re- Coleman Hatch Stevens subsection (a) for any taxable year shall not sist the Kyl amendment. Corker Hutchison Thune exceed the excess (if any) of— The PRESIDING OFFICER. The Sen- Cornyn Inhofe Vitter ‘‘(A) the regular tax liability of the tax- Craig Isakson Warner payer for such taxable year reduced by the ator from Massachusetts. NAYS—54 sum of the credits allowable under subparts AMENDMENT NO. 2364 TO AMENDMENT NO. 2353 Akaka Feingold Murray A, B, D, E, and F of this part, over Mr. KERRY. Madam President, I Baucus Feinstein Nelson (FL) ‘‘(B) the tentative minimum tax for the have a second-degree amendment to Bayh Harkin Nelson (NE) taxable year. this amendment. I call it up. Biden Inouye Pryor ‘‘(2) TAXABLE YEARS BEGINNING AFTER 2007.— The PRESIDING OFFICER. The Bingaman Kennedy Reed In the case of any taxable year beginning clerk will report. Boxer Kerry Reid after 2007, the credit allowable under sub- Brown Klobuchar Rockefeller section (a) to a taxpayer other than a cor- The legislative clerk read as follows: Byrd Kohl Salazar The Senator from Massachusetts [Mr. Cantwell Landrieu Sanders poration for any taxable year shall not ex- KERRY] proposes an amendment numbered Cardin Lautenberg Schumer ceed 90 percent of the regular tax liability of Carper Leahy Snowe the taxpayer for such taxable year reduced 2364 to amendment No. 2353. Casey Levin Stabenow by the sum of the credits allowable under Mr. KERRY. Madam President, I ask Clinton Lieberman Sununu subparts A, B, D, E, and F of this part.’’. unanimous consent that reading of the Collins Lincoln Tester (c) EFFECTIVE DATE.—The amendments amendment be dispensed with. Conrad McCaskill Voinovich made by this section shall apply to taxable Dodd Menendez Webb The PRESIDING OFFICER. Without years beginning after December 31, 2007. Dorgan Mikulski Whitehouse objection, it is so ordered. Durbin Murkowski Wyden Mr. KYL. Madam President, the AMT The amendment is as follows: patch that protected most taxpayers NOT VOTING—4 Strike all after the first word and insert: Brownback Lott from the alternative minimum tax ex- It is the sense of the Senate that Congress Johnson Obama pired on December 31 of last year. As a should provide relief from the Alternative The PRESIDING OFFICER. On this result, 15 million additional taxpayers Minimum Tax to prevent the expansion of vote, the yeas are 42, the nays are 54. on top of the 4 million taxpayers al- the AMT to nearly 23 million taxpayers in Three-fifths of the Senators duly cho- ready subject to AMT are subject to 2007 and eliminate wasteful spending, such as the tax this year. This bill affords us spending on unnecessary tax loopholes, in sen and sworn not having voted in the order to fully offset the cost of such repeal affirmative, the motion is rejected. an opportunity to correct the problem now, and we should. We are halfway and avoid forcing taxpayers to pay substan- The point of order is sustained and the tially more interest to foreign creditors; and amendment falls. through the year, and the tax is adding that such relief should be provided on an ap- The Senator from Massachusetts. up. The AMT should be repealed as propriate legislative vehicle that won’t jeop- Mr. KENNEDY. Madam President, we soon as possible. ardize legislation providing greater access are coming to the final amendment. The text of my amendment is iden- and affordability to higher education for There will be one consent agreement tical to a bill introduced by Senator millions of students by subjecting the bill to that Senator ENZI and I have, and then BAUCUS on January 4. It is S. 55. Very a ‘‘blue slip’’ by the House. final passage. I hope we will give the simply, the bill would repeal the indi- Mr. KERRY. Madam President, if we Senator from Arizona time so we can vidual AMT without any revenue off- are going to vote—and clearly this is hear him. sets. blue slip material—No. 1., No. 2, it is The PRESIDING OFFICER. The Sen- In his introductory statement, Sen- not germane. And No. 3, it is not paid ator from Arizona. ator BAUCUS noted that the AMT is a for. Madam President, $872 billion is AMENDMENT NO. 2353 ‘‘monster that really cannot be im- what is contained in that. So if we are Mr. KYL. Madam President, I have proved. It cannot be made to work going to do the AMT, which all of us an amendment at the desk, No. 2353, right.’’ I agree with him. That is why believe we ought to do, we ought to do and I ask for its immediate consider- the Senate should vote to repeal the it in a responsible way that raises the ation. AMT now, before it overwhelms the question of unnecessary spending, clos- The PRESIDING OFFICER. The middle class. ing tax loopholes, and doing what is clerk will report. While I believe the Chair will rule it necessary to try to pay for this. That is The legislative clerk read as follows: is not germane to this bill, I would sug- what my amendment suggests. If you The Senator from Arizona [Mr. KYL] pro- gest to my colleagues it is propitious; want to vote somehow to do something poses an amendment numbered 2353. that this bill gives us the opportunity about the AMT, let’s vote in a respon- Mr. KYL. I ask unanimous consent to act now to repeal this tax. sible way, do it in a way that repeals that further reading of the amendment The PRESIDING OFFICER. The Sen- those loopholes, looks at the Tax Code, be dispensed with. ator’s time has expired. and pays for that purpose.

VerDate Aug 31 2005 07:13 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.139 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9592 CONGRESSIONAL RECORD — SENATE July 19, 2007 So accordingly, Madam President, I [Rollcall Vote No. 270 Leg.] [Rollcall Vote No. 271 Leg.] ask for the yeas and nays. YEAS—48 YEAS—47 The PRESIDING OFFICER. Is there a Akaka Feingold Mikulski Alexander DeMint McCain sufficient second? Baucus Feinstein Murray Allard Dole McConnell Bayh Harkin Nelson (FL) Barrasso Domenici Murkowski There appears to be a sufficient sec- Biden Inouye Nelson (NE) Bennett Ensign Nelson (NE) ond. Bingaman Kennedy Pryor Bond Enzi Roberts The yeas and nays were ordered. Boxer Kerry Reed Bunning Graham Sessions Brown Klobuchar Reid Burr Grassley Shelby The PRESIDING OFFICER. The Sen- Cantwell Kohl Rockefeller Chambliss Gregg Smith Coburn Hagel ator from Arizona. Cardin Landrieu Salazar Snowe Cochran Hatch Carper Lautenberg Sanders Specter Mr. KYL. Thank you, Madam Presi- Coleman Hutchison Casey Leahy Schumer Stevens Clinton Levin Stabenow Collins Inhofe dent. Sununu Conrad Lieberman Tester Corker Isakson I will suggest that under the Budget Thune Dodd Lincoln Webb Cornyn Kyl Vitter Act the proposed second-degree amend- Dorgan McCaskill Whitehouse Craig Lugar ment is not germane. Let me make two Durbin Menendez Wyden Crapo Martinez Warner comments about it first. NAYS—48 NAYS—49 I think it is responsible for us to re- Alexander Crapo Martinez Akaka Feingold Murray peal the AMT in the way the distin- Allard DeMint McCain Baucus Feinstein Nelson (FL) guished chairman of the Finance Com- Barrasso Dole McConnell Bayh Harkin Pryor Biden Inouye mittee has proposed to this body in S. Bennett Domenici Murkowski Reed Bond Ensign Roberts Bingaman Kennedy Reid 55. I happen to be a cosponsor of that Bunning Enzi Sessions Boxer Kerry Rockefeller bill. I think it is a very good idea. Burr Graham Shelby Brown Klobuchar Salazar Byrd Grassley Smith Byrd Kohl Sanders It is true it repeals the AMT without Cantwell Landrieu Chambliss Gregg Snowe Schumer Cardin Lautenberg any revenue offsets. I happen to be- Coburn Hagel Specter Stabenow Carper Leahy lieve, as the chairman of the Finance Cochran Hatch Stevens Tester Casey Levin Committee does, that is a responsible Coleman Hutchison Sununu Voinovich Collins Inhofe Thune Clinton Lieberman action, given the number of Americans Conrad Lincoln Webb Corker Isakson Vitter Whitehouse who otherwise would be subject to the Cornyn Dodd McCaskill Kyl Voinovich Wyden tax. Craig Lugar Warner Dorgan Menendez Durbin Mikulski While I appreciate the notion that a NOT VOTING—4 NOT VOTING—4 sense of the Senate that we should do Brownback Lott Brownback Lott tax relief on AMT would be a good Johnson Obama Johnson Obama thing for this body to do, one of two things will happen. Either the blue slip The PRESIDING OFFICER. Three- The PRESIDING OFFICER. On this issue will not be a problem because it fifths of the Senators duly chosen and vote, the yeas are 47, the nays are 49. will not be raised and we can, in fact, sworn not having voted in the affirma- Three-fifths the Senators duly chosen use this vehicle to accomplish this re- tive, the motion is not agreed to. The and sworn not having voted in the af- sult now or it will and, in effect, my point of order is sustained and the firmative, the motion is rejected. The amendment would have been the equiv- amendment falls. point of order is sustained, and the alent of a sense of the Senate. AMENDMENT NO. 2353 amendment falls. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The The Senator from Wyoming is recog- ator’s time has expired. question is on amendment No. 2353. nized. Mr. KYL. Madam President, I raise a The Senator from North Dakota is AMENDMENT NO. 2338 point of order under the Congressional recognized. Mr. ENZI. Senator KENNEDY and I Budget Act that the proposed second- Mr. CONRAD. Madam President, the need one more voice vote in order to degree amendment is not germane. pending amendment is not germane; clarify a definition. I ask unanimous The PRESIDING OFFICER. The Sen- therefore, I raise a point of order pur- consent to call up amendment No. 2338. ator from Massachusetts. suant to sections 305(b)2 and 310(e) of The PRESIDING OFFICER. Without objection, it is so ordered. Mr. KERRY. Madam President, pur- the Congressional Budget Act of 1974. The clerk will report. suant to section 904 of the Budget Act Mr. KYL. Madam President, I move The assistant legislative clerk read of 1974, I move to waive the applicable that the applicable provisions of the as follows: sections of that act for the purpose of Budget Act be waived, and I ask for the the consideration of this amendment, yeas and nays. The Senator from Wyoming [Mr. ENZI], for and I ask for the yeas and nays. Mr. COLEMAN and Ms. LANDRIEU, proposes an The PRESIDING OFFICER. Is there a amendment numbered 2338. The PRESIDING OFFICER. Is there a sufficient second? Mr. KENNEDY. I ask unanimous con- sufficient second? There is a sufficient second. sent that reading of the amendment be There is a sufficient second. The question is on agreeing to the dispensed with. The question is on agreeing to the motion. The PRESIDING OFFICER. Without motion. The clerk will call the roll. objection, it is so ordered. The clerk will call the roll. The assistant legislative clerk called The amendment is as follows: The legislative clerk called the roll. the roll. (Purpose: To make a technical correction to Mr. DURBIN. I announce that the Mr. DURBIN. I announce that the the definition of independent student in Senator from South Dakota (Mr. JOHN- Senator from South Dakota (Mr. JOHN- the Higher Education Act of 1965) SON) and the Senator from Illinois (Mr. SON) and the Senator from Illinois (Mr. In section 480(d)(1)(B) of the Higher Edu- OBAMA) are necessarily absent. OBAMA) are necessarily absent. cation Act of 1965 (as amended by section 604(2) of the Higher Education Access Act of Mr. MCCONNELL. The following Sen- Mr. MCCONNELL. The following 2007), insert ‘‘when the individual was 13 ators are necessarily absent: the Sen- Senators are necessarily absent: the years of age or older’’ after ‘‘or was in foster ator from Kansas (Mr. BROWNBACK) and Senator from Kansas (Mr. BROWNBACK) care’’. the Senator from Mississippi (Mr. and the Senator from Mississippi (Mr. Mr. ENZI. Madam President, I ask LOTT). LOTT). for a voice vote on the amendment. The PRESIDING OFFICER. Are there The PRESIDING OFFICER. Are there The PRESIDING OFFICER. The any other Senators in the Chamber de- any other Senators in the Chamber de- question is on agreeing to the amend- siring to vote? siring to vote? ment. The yeas and nays resulted—yeas 48, The yeas and nays resulted—yeas 47, The amendment (No. 2338) was agreed nays 48, as follows: nays 49, as follows: to.

VerDate Aug 31 2005 06:26 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.142 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9593 Mr. BYRD. Madam President, I op- Massachusetts, Senator KENNEDY, for students who should have the greatest posed the Ensign and Stabenow amend- his leadership in bringing a bill to the opportunities and whose talents might ments regarding Social Security and il- floor to make college more affordable provide the greatest good to society. legal immigrants, because those for millions of students. I also want to We must change this. The bill we are amendments violated section 313 of the thank him for the example he has set considering here today is a step in that Budget Act—the Byrd Rule—which pro- over many years in standing up repeat- direction. With it, we expand loan for- hibits extraneous matter on budget edly to protect the interests of the stu- giveness for graduates who enter public reconciliation bills. dents of America, and in so doing, to service, we increase the threshold for I oppose providing Social Security work tirelessly for the future benefit of income that may be earned by students benefits to illegal aliens. I have sup- our economy and our country. I am for- receiving financial aid, and we make ported and will continue to support tunate to now serve on the Senate other significant changes. But most legislation to help ensure that Social HELP Committee and have seen first importantly, we increase college access Security benefits are not provided for hand the efforts of Senator KENNEDY by increasing the amount of support work unlawfully performed by illegal and his counterpart on the minority for students through increased grant immigrants. side, Senator ENZI. I appreciate their aid. Madam President, I opposed the effort, the hard work of their capable My support of this legislation today McConnell amendment regarding de- staffs, and the bipartisan collegiality echoes the first piece of legislation I tainees at the Guantanamo Bay facil- that allows us today to provide much introduced in the Senate. That was the ity in Cuba, because it violated section needed support to the college students Higher Education Opportunity through 313 of the Budget Act—the Byrd Rule— of America. Pell grant Expansion Act of 2005 the which prohibits extraneous matter on The success of our Nation’s youth in- HOPE Act, which called for a signifi- budget reconciliation bills. creasingly requires a college diploma. cant increase in the maximum Pell Mr. SPECTER. Madam President, I But that diploma is becoming, for Grant to $5,100, financed by decreased voted to sustain the point of order that many, ever more difficult to attain. Federal subsidies to banks and lenders. the DeMint amendment was not ger- That difficulty arises not from lack of The bill we debate today would provide mane to the pending higher education ambition or lack of ability. Increas- that increase to $5,100 by next year and bill. There is no doubt that the DeMint ingly, the difficulty arises from lack of further increase the maximum to $5,400 amendment on labor law involving se- any realistic way for many American by 2011. I applaud Mr. KENNEDY and my cret ballots has nothing to do with edu- families to afford the college education colleagues on the HELP Committee for cation. Therefore, it is out of order on needed for the success of their daugh- keeping this the main focus of the ben- this bill unless 60 Senators vote to ters and sons. efits provided in this package. waive the Budget Act. The math here is simple. College I realize that we are asking lenders I recently voted to invoke cloture on costs have increased, but family in- to dig a little a deeper to help students, the so-called card check bill for rea- comes have not, nor has the Federal to come up with innovative ways to sons detailed in a lengthy floor state- commitment to provide financial aid. continue to provide services students, ment that was a vote on procedure in The cost of college continues to in- even while receiving lower subsidies order to debate and consider the ade- crease for many reasons. Over the past from the Federal Government. But I quacy of the NLRB’s handling of unfair 5 years, the cost of a 4-year public col- have faith that they can do this, to the labor complaints including elections lege in my State increased 47 percent. benefit of our students and our coun- for union certification. At private colleges in Illinois, the in- try. That vote and tonight’s vote do not crease was 27 percent. Incomes have in- I look forward to soon considering signify my position on the substantive creased little, and so even with finan- the remainder of the comprehensive provisions of the entitled Free Choice cial aid, 35 percent of a family’s income package to improve higher education card check Act or the DeMint amend- is needed each year to pay for attend- contained in the Higher Education ment. ance at a 4-year public university in Amendments of 2007. But for today, I Mrs. CLINTON. Madam President, we my State. am proud today to support this bill to must develop a visa system that is not Federal student aid has not kept pace bring needed assistance to college stu- only fair but also good for America. with these increased costs. The propor- dents, and I urge my colleagues to join That is why tonight, I voted against an tion of college expenses met by Pell in this effort. amendment that would have raised the grants decreased from 47 percent to 29 Mr. FEINGOLD. Madam President, I cap on H–1B visas without providing percent over a recent 5-year period for speak today in support of the Higher many of the safeguards that are nec- students in my State. Students are in- Education Access Act of 2007, a bipar- essary to the H–1B visa system. While creasingly forced to rely on loans, and tisan piece of legislation that will in- we must maintain our competitive college graduates are increasingly bur- crease student aid by billions of dollars edge in the world by bringing in the dened by debt. Graduates from a 4-year by curbing Federal subsidies to private world’s most talented and keen minds, college in Illinois owe, on average, over banks and lenders. This is a significant we also must take steps to ensure that $17,000 in student loan debt. That is the victory for students around the coun- the program is not abused and does not average. try and in my State of Wisconsin, displace U.S. workers. I look forward The resulting difficulty in financing which will receive over $270 million to working with my colleagues in the a college education impacts not only dollars in new need-based grant aid by coming months to achieve comprehen- the dreams of millions of students but the year 2013. Wisconsin has a world- sive H–1B reform that will improve the also the future of our country. Capable class higher education system, and I program in a balanced and fair manner. high school graduates from low- and am pleased to support this much-need- I also want to express my profound moderate-income families are much ed legislation that will help open the disappointment that this and other unless likely to earn a college degree doors to college for more students in related issues were permitted to slow than their wealthier peers. Yet com- my State. down and distract from the important petition in the global economy requires I have long supported and led efforts work of helping more students achieve that our students attain a college de- in Congress to expand the availability the dream of a college education. The gree, whether to become engineers or of student aid and ensure that qualified Higher Education Access Reconcili- entrepreneurs, in order to maintain the students have access to a postsec- ation Act was not the place to legislate creative and competitive workforce ondary education, including raising the these issues and only jeopardized our America needs. And for those students individual Pell grant award. I was ability to help millions of students who who do make it through college, their pleased to join with my colleagues in await the passage of this bill and the large debt loads make it difficult for February to pass a significant increase $17.3 billion increase in student aid them to choose occupations which in the maximum Pell grant award to that it provides. might serve the public good but might $4,310 from $4,050, the first increase in 4 Mr. OBAMA. Madam President, I not pay enough. Student debt is too years. Earlier this year, I also joined first want to thank my colleague from often limiting options for those very with my colleagues, Senators KENNEDY,

VerDate Aug 31 2005 06:26 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.128 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9594 CONGRESSIONAL RECORD — SENATE July 19, 2007 COLLINS, and COLEMAN, to lead letters about whether to attend college, low- my State of Wisconsin and around the to both the Budget and Appropriations income students may be even less in- country. I have long led and supported Committees that advocated for the clined to attend college if they have to efforts to expand Federal higher edu- highest possible increase in funding for take out large amounts of student cation programs, including Pell and Pell grants. The Pell grant program loans. These students are understand- TRIO, and I am pleased to support pas- provides need-based aid to low income ably nervous about the significant debt sage of this legislation. I look forward students, and I am pleased that the burden they would have to undertake, to working with my colleagues in the Higher Education Access Act retains and some students choose to forego col- coming months and years to continue the Pell grant’s focus on need-based aid lege altogether for this very reason. to expand important need-based grant for low-income students. This legislation’s focus on increasing programs so that hard-working stu- Access to a higher education is in- need-based grant aid for these very students will be able to take advantage of creasingly important in the competi- dents takes a big step in the right di- the full opportunities that access to a tive, global environment of the 21st rection toward promoting better access higher education offers. century workforce as an increasing to higher education for low-income stu- Mr. LEAHY. Madam President, I number of jobs require education or dents. wish to express my support for the training beyond high school. But while Higher levels of debt can also influ- Higher Education Access Act of 2007. I the importance of attending college ence the decisions students make about applaud Chairman KENNEDY and Rank- continues to increase, the cost of at- whether to take a job in the public in- ing Member ENZI for their work on tending college also continues to interest sector or in the more-lucrative crafting this bill that will widen access crease, which often causes financial private sector after graduation. We to higher education by providing for in- strain on students and their families as have all heard about students who are creased funding assistance available to they seek to finance the cost of higher interested in working in public interest American students for their higher education. jobs fields like teaching, law enforce- education studies. My colleagues and I have long fought ment, legal aid, or State and local gov- The need for these improvements by against the declining purchasing power ernment but who decide against taking now should be as clear to the Senate as of the Pell grant by supporting sub- these public interest jobs because of it is to America’s families. In recent stantial increases in the maximum their high debt loads. It is unfortunate years average college tuition rates grant award. According to data from that so many students are forced to have been rising faster than inflation the Department of Education, the max- consider their debt loads when deciding and outpacing student financial aid. imum Pell grant covered half the cost which jobs to take or pursue. The loan Skyrocketing tuitions are pricing our of tuition, fees, room and board at pub- forgiveness and income-based repay- families out of their ability to afford lic 4-year colleges 20 years ago but only ment provisions of this legislation will higher education. This trend not only covered a third of these same costs dur- help those graduating students in Wis- closes doors to opportunity in the lives ing the 2005 to 2006 period. The declin- consin and around the country who of the Nation’s young people; it also ing power of the Pell has impacted my want to pursue careers in public serv- poses harsh consequences on our coun- State of Wisconsin as well. In 1986 to ice. try and our communities, in ways that 1987, the $2,100 maximum Pell grant While I applaud much of the policy are evident across our economy. I am covered 58 percent of college costs for included in this measure, I am dis- pleased that, in this new Congress, this Wisconsin students. In 2005–06, the appointed that we are again seeing the bill has been brought forward to re- $4,050 maximum Pell grant only cov- reconciliation process used to advance verse the direction of recent budgets ered 38% of college costs in Wisconsin. legislation that is not primarily a def- that have continued to erode the Fed- This legislation seeks to address the icit-reduction package. While there are eral Government’s support of higher declining purchasing power of the Pell better arguments for using reconcili- education with deep cuts in the funding grant by funding new Promise grants ation to consider this particular bill support for colleges and universities. which will supplement the Pell grant than there were for the reconciliation The Federal Government must rise to awards received by students through- protection proposed for the legislation the challenge and improve our finan- out the country and target need-based to open up the Alaska National Wild- cial aid programs to ensure that col- funds to Pell-eligible students. life Refuge to drilling, I am still trou- lege is an affordable option for all In addition to the declining pur- bled by the use of this extraordinary qualified students. No student should chasing power of need-based aid like procedure as a way to advance a sig- be thwarted from enrolling and grad- Pell, the availability of such need- nificant policy change that is not pri- uating from college because of finan- based grant aid does not come close to marily a deficit reduction package. cial concerns. This bill accomplishes meeting the demand for it. As a result, Thanks to the efforts of our Budget this goal through need-based grant aid an increasing number of students turn Committee chairman, Senator CONRAD, to students by raising the maximum to Federal and private loans to finance the days when the reconciliation proc- Pell grant to $5,100 next year, and up to their education. According to the Col- ess could be totally subverted to pro- $5,400 by 2011. lege Board, in the late 1970s, over tect legislation that actually worsened Because tuition has increased well three-fourths of the Federal aid to stu- the deficit are over. I also commend beyond the rate of student assistance, dents were grants, while 20 percent of Chairman CONRAD for insisting during students today are graduating with Federal student aid were loans. Recent the conference discussions on the budg- staggering debt burdens. With the data from the College Board indicates et resolution that this particular rec- weight of this debt on their backs, re- that the breakdown between grant aid onciliation instruction move closer to cent college graduates understandably and loans had switched by 2006, with a more reasonable qualifying threshold gravitate toward higher paying jobs grant aid only making up 20 percent of of deficit reduction than was initially that allow them to pay back their the federal student aid. proposed. I hope that in future budget loans. Unfortunately, all too often Students in my State of Wisconsin, resolutions, we can further tighten the these jobs are not in the arena of pub- like students in other parts of the use of reconciliation to ensure that it lic service or areas that serve the vital country, are greatly affected by the is used for what it was intended, name- public interests of our communities Federal Government’s increased reli- ly to advance significant deficit reduc- and of our country. We need to be ance on student loans at the expense of tion. doing more to support graduates who grant aid. The Project on Student Debt A student’s access to higher edu- want to enter public service, be it as a reports that more than 60 percent of cation should not depend on his or her child care provider, a doctor or nurse Wisconsin graduates in 2005 graduated family’s income but, rather, on the stu- in the public health field, or a police with debt and the average student who dent’s desire to obtain a higher edu- officer or other type of first responder. graduated from a 4-year college in my cation. Passage of the Higher Edu- I appreciate that the chairman has State in 2005 owed over $17,000. While cation Access Act of 2007 moves our included strong provisions in this bill the prospect of these large debt bur- Nation in the right direction and rep- that will forgive the debt of borrowers dens impact many students’ decisions resents a great victory for students in who continue in public service careers

VerDate Aug 31 2005 07:13 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.057 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9595 such as nursing, teaching, or law en- What is even more concerning is that I urge my colleagues to support this forcement for 10 years. Under this bill, many students are being shut out of important legislation. a starting teacher in Vermont earning college altogether. Mr. ROCKEFELLER. Madam Presi- less than $30,000, and with debt of Each year, more than 400,000 low and dent, I believe that we must provide ac- $20,000, could have his or her loan pay- moderate income high school grad- cess to higher education, which still ments capped at 15 percent, reducing uates who are fully prepared to attend too many hard-working American stu- monthly payments by almost 40 per- a 4-year college do not do so because of dents cannot afford without the help of cent. financial barriers. Federal financial aid. The increases for student aid in this It is imperative that all students I support the Higher Education Ac- bill are paid for by reducing the sub- seeking a college education have an op- cess Act because it will increase the ac- sidies the government provides to lend- portunity to achieve their goals and cess to education for many more stu- ers. I believe that increasing student this bill takes important steps to pro- dents. In the 2005 to 2006 academic assistance should be our highest pri- vide much-needed relief to students year, the average cost of a U.S. public ority in this bill and that this offset is across the country. college or university was $12,108, with Specifically, this bill would: Provide a worthy and sensible exchange. How- the average Pell grant covering 33 per- $17.3 billion in new grant aid to low-in- ever, while this bill reduces the sub- cent of tuition, fees, and room and come college students. Increase the board. For a West Virginia public col- sidies for lenders, I am pleased that it maximum award for Pell grant recipi- lege or university in the 2005 to 2006 recognizes the importance of not-for- ents to $5,100 in 2008 and to $5,400 in academic year, the average cost was profit lenders, by differentiating be- 2011. The current amount is $4,310 and $9,992, with the average Pell grant cov- tween the size of cuts intended for for- this means low-income California stu- ering 41 percent of tuition, fees, and profit and for nonprofit lenders. Sev- dents will be eligible for an additional room and board. A senior in West Vir- eral States have established not-for- $290.9 million in need-based grant aid ginia graduating from college has an profit State agencies to administer fi- next year, and an additional $2.5 billion average of $16,041 in student loan debt. nancial aid and to provide their resi- over the next 5 years. Increase the fam- This bill will help offset that cost. dents and students attending their ily income level under which a student The first provision of the bill will in- schools with quality counseling serv- is automatically eligible for the max- crease the aid available to those stu- ices and low-cost loans. Vermont pio- imum Pell grant from $20,000 to $30,000. dents who qualify for Federal assist- neered this movement by creating the Eliminate the ‘‘tuition sensitivity’’ ance. By making changes to the cur- Vermont Student Assistance Corpora- provision in the Pell grant program’s rent provisions of the Pell grant pro- tion more than 40 years ago. eligibility formula that unfairly penal- gram, more low-income students will I do have concerns with the auction izes our neediest students who attend have the opportunity to pursue higher proposal contained within this bill. I low-cost institutions, such as commu- education that otherwise might have am worried that it could potentially nity colleges, from receiving the max- been out of their reach. prevent Vermonters from exercising imum Pell grant award. In California, Another vital and helpful component their right to choose where to borrow over 260,000 community college stu- of this legislation is the repayment cap money by requiring the Secretary of dents would benefit. and loan forgiveness program, which Education to conduct an auction to se- I was pleased to work with my friend would help repay student loans of those lect two lenders that will be permitted and colleague, Senator BOXER, as the individuals who have decided to enter to make parent loans. Bids will be lead cosponsor of legislation to elimi- the public sector. Those students who sealed, invisible to the public and to nate this unfair provision. Cap Federal go on to become social workers, public Congress, and awards will be made student loan payments at 15 percent of defenders, or teachers in high-need sub- solely on the Secretary’s determina- a borrower’s discretionary income project areas deserve our help getting the tion of who offers the lowest cost to viding needed relief to students with education they need for these essential the government. high loan burdens. careers. We do not want to crowd out the not- Provide new loan forgiveness under Too often, a college graduate who for-profit agencies from providing the Federal direct loan program for in- wants to pursue a career in social work PLUS loans to families in their State. dividuals in public service careers for or another aspect of public service may I am hopeful that the chairman and 10 years, such as teaching, nursing or not be able to afford to choose that ca- ranking member will be willing to law enforcement. It would include Head reer because of the low salaries and work on this portion of the bill in order Start teachers and expands on a pro- their high student loan debts. The to continue to recognize the important posal that I have been working on for Higher Education Access Act will ad- role of not-for-profit lenders. several years to provide loan forgive- dress this concern by placing a cap on Mrs. FEINSTEIN. Madam President, ness to educators in this important Federal student loan payments at 15 I rise today in support of the higher field. percent of a borrower’s discretionary Eliminates the 3-year limitation on education reconciliation bill that income, which will bring much needed the period for which certain members would increase critical grant aid to our relief to graduates with excessive loan of the Armed Forces may receive Nation’s neediest college students, help burdens. deferments on the interest on their For example, a social worker with make loan repayment more manage- student loans. It also extends this one child in West Virginia earning able and encourage students to pursue deferment period to cover 180 days $26,800, with average loan debt of careers in public service. after such a member of the Armed $16,041 would have his or her monthly It is crucial that we help make col- Forces is demobilized. Extends the payments reduced by $107, from $185 to lege more affordable and accessible for amount of time student borrowers can $78, a reduction of 58 percent. We students at a time when they are strug- receive a deferment for economic hard- should encourage those willing to work gling to pay skyrocketing college costs ship from 3 to 6 years. Would apply to in public service by offering relief from and taking on more debt to pay for borrowers who take out their first loan the high cost of student loans when school. after October 1, 2012. they start off on their careers through In California alone, the cost of at- This legislation would bring signifi- the 15-percent cap and loan forgiveness. tending a 4-year public college in- cant help to many low-income Cali- Over 4 years ago, I sponsored legisla- creased 43 percent between the school fornia students and those across the tion with the former Senator Mike years of 2000–2001 and 2005–2006. country who would otherwise not be DeWine to provide student loan for- Furthermore, 46 percent of California able to afford a college education. giveness for social workers and attor- students graduating from 4-year col- A college degree is more important neys in the child welfare system. This leges in the 2004–2005 school year had than ever to ensure success in today’s legislation reflects our goals and ex- student loan debt—at an average of global economy and we must help pro- pands it to cover a broader range of over $15,200. Nationwide, almost two- vide students that need it most with public service careers—it is a strong, thirds of all 4-year college graduates the resources necessary to reach their long-term investment in our commu- had loan debt. highest potential. nities and families.

VerDate Aug 31 2005 07:58 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.056 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9596 CONGRESSIONAL RECORD — SENATE July 19, 2007 The act is designed to keep rates for where the Federal loans of three out of limbs, we were so slow to act’’ in get- the lenders fair and direct as much every four borrowers are held by not- ting this technology to the troops. He help as possible to our students. for-profits. should be asking the Democratic lead- This year, 37,297 West Virginia stu- These are groups that don’t have ership today how it could have pulled dents will receive $103.3 million in Pell profits—they funnel their earning back the plug on a bill that authorizes the grants. If this legislation debated to borrowers. When you cut subsidies production of M-RAP vehicles. today is enacted into law, West Vir- to them, you’re cutting subsidies to He should ask them how they could ginia students in the coming academic students, parents, nurses, and National have complained about the shameful year will have access to $19 million Guard members throughout my State. neglect at Walter Reed—and then more in Pell grants and student aid. To Kentuckians, this bill is a reverse pulled a bill that addressed the most Pell grants have not increased during Robin Hood: it takes money from our critical failing in our treatment of the past year while the cost of edu- students and funnels it back to Wash- wounded soldiers and marines return- cation has increased exponentially. ington. ing from battle He should ask them This bold increase in the Pell grant They know what’s going on, and they how they could pull a bill that delays a program is needed to keep pace with don’t like it, regardless of their polit- pay raise for military personnel. the changing financial demands of ical affiliation. I just got a letter from Republicans have an opportunity higher learning. the State Treasurer, Jonathan Miller, today to restore this vital support for The Higher Education Access Act who also happens to chair the Ken- our military men and women, and we will provide hope and opportunity for tucky Democratic Party. Here’s what are going to seize it. It’s unacceptable students in West Virginia and across he wrote: to wait: it’s now late July and we our country. It represents a commit- ‘‘If the additional Federal Family haven’t done a single appropriations ment to education and a wise invest- Education Loan Program cuts are en- bill—not one. The House has done six. ment in our future. This legislation acted, the entire borrower benefits pro- At this rate, we won’t have sent a sin- will also encourage public service, a gram will be seriously jeopardized, and gle appropriations bill to the President cause to which I have long been dedi- the impact would be immediate and by the time we leave here in August— cated. I am proud to support this bill significant for thousands of Kentucky an outrageous waste of time. These and hope it will become law this year families who depend upon Kentucky’s pranks and gimmicks guarantee we to improve student aid for the high nonprofit higher education agencies to will have our backs to the wall in Sep- school seniors who will begin their last help make higher education afford- tember. year of classes in just a few weeks and able.’’ Mr. KENNEDY. Madam President, as all the students who will follow them. Teachers in Kentucky would also get this debate comes to a close, I am re- Mr. MCCONNELL. Madam President, hit: Last year, thousands of teachers in minded of the great moments in our as written, the higher education au- my state received $15 million in stu- Nation’s history in which we look to thorization bill takes us down a dan- dent loan forgiveness from non-profit the future and invested in future gen- gerous fiscal road. Democrats are using lenders like the Higher Education Stu- erations of Americans. We did it when a privileged rule that was originally dent Loan Corporation and the Ken- we passed the GI bill. We did it when meant to cut the deficit to expand the tucky Higher Education Assistance Au- the Federal Government created the government instead with more than $19 thority. student loan program. We did it when billion in new mandatory spending. These benefits are targeted to teach- we created Pell grants. And we do it Ironically, they’re trying to paper ers in high need subjects, like math, again today with the largest new in- over this by cutting existing programs science, and special education. The vestment in student aid since the GI that help teachers and students in President of the Kentucky Education bill. States like mine to reach a net savings Association, Frances Steenbergen, has A vote for this bill is one we can cast of less than $1 billion. Compare that to informed me that if these cuts enacted, with pride and great hope—pride in previous Congresses, which used recover 14,000 Kentucky teachers will be doing our part for the future of our onciliation rules to save nearly $500 impacted immediately. great country and hope that our ac- billion in 1990, $433 billion in 1993, $118 Republicans will have an opportunity tions tonight will mean a better future billion in 1997, and $39 billion in 2005. to salvage this bill, but it won’t be for millions of young Americans. By The Democratic majority is using one easy. It violates the intent of reconcili- passing this bill tonight, we will recog- of the few budget tools we have for ation to expand government, and nize that principle once again. shrinking government and using it to slashes programs that are an enormous We know that our students today grow government instead. help to students and teachers. We’ll face significant challenges in paying This is surprising to say the least— also use the amendment process to re- for college. Each year, over 400,000 tal- given that the Senate just passed a res- pair some of the damage from yester- ented, qualified students do not attend olution by unanimous consent saying day. I think everyone was startled a 4-year college because they cannot we wouldn’t use these rules for new when the Democratic Leadership afford it. spending. Democrats conveniently pulled the Defense Authorization bill In 1993, fewer than half of all stu- dropped that provision in conference. from the floor. As the senior Senator dents took out loans to finance their Both sides have used reconciliation from Arizona said, ‘‘He was more sad education, but today, more than two- to move tax policy in the past—Repub- than angry.’’ thirds of students borrow for college. licans to cut taxes seven times; and Here’s a bill that would authorize Today, the average student leaves Democrats to raise them four times. pay raises for the men and women in college with more than $19,000 in stu- What’s unprecedented here is using it the military, Mine Resistant Ambush dent loan debt. for no other reason than to create new Protected, M-RAP, vehicles for Iraq, That is why this higher education mandatory programs and expand the and a lot of other urgent military sup- legislation is so important. We will government—by tens of billions of dol- port. Just this week, the chairman of provide more than $17 billion to help lars. These budget shenanigans are the Foreign Relations Committee students and families pay for college. standard operating procedure for tax issued a statement decrying delays in This legislation will help reverse the and spenders, but they set an ex- the delivery of these M-RAP vehicles— crisis in college affordability in several tremely dangerous precedent. vehicles that have the potential of sub- ways: It will immediately and dramati- Now, I would like to say a word about stantially reducing U.S. casualties in cally increase the amount of aid for the programs this bill would cut. Iraq. Pell grant recipients; it will help stu- Democrats justify the cuts to lender He sent a letter to the Defense Sec- dents manage their debt, by capping subsidies in the higher ed bill with the retary in which he asked how it was student loan payments at 15 percent of old Robin Hood line that the money possible ‘‘that with our nation at war, their monthly income; it will provide they plan to take from private lenders with more than 130,000 Americans in longer deferments in loan repayments will go to students instead. But this danger, with roadside bombs destroy- for student borrowers facing economic just isn’t true in places like Kentucky, ing a growing number of lives and hardship; and it will completely forgive

VerDate Aug 31 2005 06:57 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.105 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9597 the loans of those who enter society’s Mr. KENNEDY. Madam President, I The amendment was ordered to be most needed professions. It will restore ask unanimous consent that upon pas- engrossed, and the bill to be read the balance to our grossly unfair student sage of H.R. 2669, the Senate insist on third time. loan system by reducing unnecessary its amendment, request a conference The bill was read the third time. subsidies for lenders. with the House on the disagreeing The PRESIDING OFFICER. The bill Everything we know about the col- votes of the two Houses, and the Chair having been read the third time, the lege affordability crisis tells us that be authorized to appoint conferees on question is, Shall the bill pass? low-income students and families are the part of the Senate, and that the Mr. KENNEDY. Madam President, I struggling the most. With this bill, we HELP Committee be appointed as con- ask for the yeas and nays. will increase the maximum Pell grant ferees, with the above occurring with- The PRESIDING OFFICER. Is there a to $5,100 next year—a $790 increase— out intervening action or debate. sufficient second? There is a sufficient and to $5,400 in 2011. The PRESIDING OFFICER. Is there second. I am very pleased that our legislation objection? The clerk will call the roll. will expand loan forgiveness to bor- Mr. MCCONNELL. Reserving the The assistant legislative clerk called rowers who stay in public service pro- right to object, I wonder if the major- the roll. fessions for 10 years. Our society needs ity whip would indicate whether there Mr. DURBIN. I announce that the more teachers, more emergency man- will be no votes tomorrow. Senator from South Dakota (Mr. JOHN- agement and law enforcement profes- Mr. DURBIN. I think I will defer to SON) and the Senator from Illinois (Mr. sionals, more public health doctors and the majority leader. OBAMA) are necessarily absent. nurses, more social workers, more li- Mr. REID. Madam President, we have Mr. MCCONNELL. The following Sen- brarians, more public interest lawyers, in wrap-up the agreement that we are ators are necessarily absent: the Sen- and more early childhood teachers. not going to do the cloture vote on the ator from Kansas (Mr. BROWNBACK) and Under our bill, we will produce more of motion to proceed to homeland secu- the Senator from Mississippi (Mr. them, because they—and all the groups rity. We will proceed to that legisla- LOTT). I have just mentioned—will be eligible tion as soon as we complete the addi- The PRESIDING OFFICER. Are there for loan forgiveness. tional education bill we are going to any other Senators in the Chamber de- The bill before us will deliver long- work on on Monday. We are working siring to vote? overdue relief to students and families really hard to try to not have a lot of The result was announced—yeas 78, across the Nation who are struggling votes Monday night. The first vote will nays 18, as follows: to afford college. But there is more we be 5:15. Under the order entered, there [Rollcall Vote No. 272 Leg.] can—and must—do to improve higher could be as many as 12 or 15 votes. We YEAS—78 education for students and families. hope that doesn’t occur, but it is pos- Akaka Dorgan Murkowski Next week, we will take up other im- sible. There will be multiple votes Alexander Durbin Murray portant changes in our higher edu- Monday. We may not be able to com- Barrasso Enzi Nelson (FL) Baucus Feingold Nelson (NE) cation amendments of 2007. In this bill, plete them all Monday. We hope we Bayh Feinstein Pryor we take commonsense steps to improve can, but that is where we are. Bennett Graham Reed higher education. We will address the Tuesday, we will start the Homeland Biden Grassley Reid rising cost of college, pursue needed Security appropriations bill. Bingaman Harkin Rockefeller I tell all Members that we have now Boxer Hatch Salazar sunshine ethics reforms to the student Brown Hutchison Sanders loan industry, and steps to simplify the 2 weeks left in this work session. As I Byrd Inouye Schumer federal financial aid application form. have indicated from the first day, we Cantwell Isakson Sessions These are critical reforms—but the are going to do our best to have every- Cardin Kennedy Shelby body out of here 2 weeks from tomor- Carper Kerry Smith most critical steps are the ones we Casey Klobuchar Snowe take tonight to dramatically increase row. We have a lot to do. We have to Chambliss Kohl Specter college aid for our Nation’s students. complete homeland security, work on Clinton Landrieu Stabenow From our earliest days as a nation, SCHIP and complete that, we have two Cochran Lautenberg Stevens Coleman Leahy Sununu education has been the engine of the conference reports, one on which Sen- Collins Levin Tester American dream. We can look to the ator LIEBERMAN today had a real con- Conrad Lieberman Thune landmark success of the GI bill to see ference. Democrats and Republicans Corker Lincoln Voinovich what a difference higher education appointed to the conference sat down Cornyn Lugar Warner Dodd McCaskill Webb makes. to see what they could work out on the Dole Menendez Whitehouse The GI bill produced 67,000 doctors, 9/11 Commission recommendations. Domenici Mikulski Wyden 91,000 scientists, 238,000 teachers, and Progress was made. Senator LIEBERMAN NAYS—18 450,000 engineers. It also funded the said he thinks that can be done early Allard Crapo Kyl education of three Presidents, three next week. Bond DeMint Martinez Supreme Court Justices and about a And then I had a number of conversa- Bunning Ensign McCain dozen Senators who served in this very tions today with the distinguished Re- Burr Gregg McConnell Coburn Hagel Roberts Chamber. publican leader. We are where we are Craig Inhofe Vitter This bill is a big step in the right di- on the ethics lobbying reform. I wish rection. It dedicates over $17 billion for we could approach it a different way. NOT VOTING—4 students and families to benefit from a That is not going to work out, it ap- Brownback Lott college education and keep our country pears. We are going to attempt to com- Johnson Obama strong in the years ahead. It will help plete that also before we finish this The bill (H.R. 2669), as amended, was keep the doors to college open for all work period. passed. students, regardless of income level or We have a lot to do, and I know there (The bill will be printed in a future background, just as the GI bill did half are things people want to do a week edition of the RECORD). a century ago. from this weekend. We are going to try The PRESIDING OFFICER. Under We can’t let the engine of education to see that they can do that. There are the previous order, the Chair appoints stall today. More than ever college is no guarantees. We have to finish this Mr. KENNEDY, Mr. DODD, Mr. HARKIN, the key to opportunity for students legislation or we will work into the Au- Ms. MIKULSKI, Mr. BINGAMAN, Mrs. and the key to a strong America for gust recess. Those are the choices we MURRAY, Mr. REED, Mrs. CLINTON, Mr. the future. I urge the Senate to ap- have. There will be no votes tomorrow. OBAMA, Mr. SANDERS, Mr. BROWN, Mr. prove this important legislation. The PRESIDING OFFICER. Is there ENZI, Mr. GREGG, Mr. ALEXANDER, Mr. The PRESIDING OFFICER. Is there objection to the request? BURR, Mr. ISAKSON, Ms. MURKOWSKI, further debate on the substitute Without objection, it is so ordered. Mr. HATCH, Mr. ROBERTS, Mr. ALLARD, amendment? If not, the question is on The PRESIDING OFFICER. The and Mr. COBURN conferees on the part agreeing to the amendment. question is on the engrossment of the of the Senate. The amendment (No. 2327) as amend- amendment and third reading of the The PRESIDING OFFICER. The ma- ed, was agreed to. bill. jority leader is recognized.

VerDate Aug 31 2005 07:58 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.053 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9598 CONGRESSIONAL RECORD — SENATE July 19, 2007 MODIFICATION OF UNANIMOUS tales of his neighbor, a wounded com- extend my deepest condolences to Gen- CONSENT AGREEMENT—S. 1642 bat veteran of the 101st Airborne divi- eral Downing’s family, his colleagues Mr. REID. Madam President, I ask sion. It was while listening to those and friends. Our nation joins you in unanimous consent that the order gov- stories that he decided what he was your grief. I am honored to have known erning consideration of S. 1642 be modi- going to do with his life. this great patriot, GEN Wayne Down- fied to provide that at the time avail- He began his career in the Army as a ing of Peoria, IL. able under the order, 2 hours be under junior officer in Vietnam, where he f the control of the managers, with the served two tours of duty and earned two Silver Stars, the Soldiers Medal, TRIBUTE TO DORIS G. time equally divided and controlled; PETERCHEFF that time on first-degree amendments the Bronze Star with Valor and five Mr. MCCONNELL. Madam President, be limited to 30 minutes each, equally oak leaf clusters, and the Purple Heart. I wish to honor a respected Ken- divided and controlled; that relevant In 1974, he was hand-picked by his tuckian, Mrs. Doris G. Petercheff, for second-degree amendments be in order commander to help reform the famed the many contributions she has made and must be relevant to the amend- Army Rangers. to raise the political discourse in the ment to which offered, and that an ad- During Operation Desert Storm in Commonwealth of Kentucky. ditional time of 15 minutes be available 1991, he commanded 1,200 U.S. Special Doris has spent a lifetime advising for any second-degree amendments Forces. By the time he retired in 1996, Gen- and working for candidates and elected which may be offered, equally divided eral Downing was head of the U.S. Spe- officials she believes in. She is re- and controlled; that upon the use or cial Operations Command, in charge of spected for the sound judgment she of- yielding back of all the time and the the special operations forces of all the fers and the solid reputation she has disposition of all amendments, the services, including the Navy’s SEALs established. I have known Doris for Senate proceed to vote on passage of and the Army’s Green Berets. many years and am glad to call her my the bill, with no further amendments But retirement did not end General friend. in order after all time is expired, with Downing’s service to America. Two On Thursday, July 5, 2007, the Som- the other provisions of the previous Presidents called him out of retire- erset Commonwealth Journal published order remaining in effect. ment to help them confront terrorism. an article highlighting Doris’s many The PRESIDING OFFICER. Without President Clinton tapped him to lead years of service to Kentucky. I ask objection, it is so ordered. the investigation into the 1996 truck unanimous consent that the full article f bomb attack that killed 19 U.S. serv- be printed in the RECORD and that the MORNING BUSINESS icemen and one Saudi and wounded 372 entire Senate join me in honoring this Mr. REID. Madam President, I ask others at Khobar Towers, a U.S. mili- Kentuckian. unanimous consent that there now be a tary housing complex in Saudi Arabia. There being no objection, the mate- period for the transaction of morning After September 11, President Bush rial was ordered to be printed in the business, with Senators permitted to called General Downing out of retire- RECORD, as follows: speak therein for up to 10 minutes ment again to serve as his top counter- [From the Somerset Commonwealth each. terrorism advisor a post General Down- Journal, July 5, 2007] The PRESIDING OFFICER. Without ing held for nine months. A LIFETIME DEVOTED TO THE AMERICAN WAY objection, it is so ordered. There was not a man alive more (By Bill Mardis, Editor Emeritus) qualified for the job. ‘‘It’s been a great ride!’’ f Wayne Downing understood earlier ‘‘That’s how Doris G. Petercheff sums up TRBUTE TO GENERAL WAYNE than most the nature of the threat we her life in the political arena. In reality, her DOWNING face from terrorism, and he did his best life has been molded by politics. ‘‘I can’t remember when politics was not Mr. DURBIN. Madam President, I to help craft a wise and effective response to that threat. discussed in my home,’’ said Petercheff. would like to mark the passing of an ‘‘Quite frankly, it still is,’’ she added. American hero. Retired Four-Star GEN It is one of the mysteries of this life ‘‘Petercheff, owner of One Acorn and Asso- Wayne Downing, a native of Peoria, IL, that a man who has faced such formi- ciates, a political consulting firm, is slowed passed away on Wednesday. dable foes would die from a micro- by health problems, but her telephone still General Downing personified the scopic enemy: bacterial meningitis. rings with questions about how to manage a ideal that was ingrained into him and Family members say he died within 24 political campaign. ‘‘I interpret politics as people,’’ said all cadets at West Point: ‘‘Duty, Honor, hours of contracting the illness. He was 67 years old. Petercheff. ‘‘That’s one of the things we’ve Country.’’ forgotten—people. I love people. God gave He spent most of his adult life wear- I last saw General Downing on Me- me a talent in politics . . . to help people. I ing his country’s uniform and contin- morial Day. He was the keynote speak- never had a doubt that the Lord provided me ued to answer the call to serve even er in Peoria at the dedication of a me- a way to work for Congressman (Tim Lee) after retirement. morial to servicemembers who had died Carter so I could help people.’’ She was 5th When General Downing retired after in World War I and World War II. I had District office manager for Carter for 18 34 years of military service in 1996, he the privilege of speaking at that same years. ‘‘Petercheff was reared in a political at- was one of the country’s leaders on ter- gathering. When organizers of the dedication ap- mosphere. Her grandfather, Jacob N. rorism. Mayfield, owned and operated a country After three decades as an Army proached him about speaking, they story in the Acorn community. Ranger, he had spent more time devel- were apologetic that they could offer ‘‘Grandpa was a great patriot. He always oping and implementing anti-terrorist him only a small stipend. Before they displayed a large American flag at the and insurgent tactics than just about could finish their apology, General store,’’ Petercheff recalls. any man alive. Downing interrupted and said it would ‘‘I thought that flag was so beautiful,’’ she His devotion to service came early in be his honor to speak. said. ‘‘I went up to Grandpa and said, ‘Grandpa, what is that (flag)?’ And he pulled his life. One of the names carved into the memorial belonged to his father. me on his lap and told me what the flag was Growing up in Peoria, his mother and how important it was. would read to him news reports from As he rose to speak that day, it was ‘‘That was my first love of politics and my the battlefields of Europe where his fa- raining. Someone tried to offer General country,’’ she remembers. ‘‘I was probably 3 ther, PFC Francis Downing, was part of Downing an umbrella, but he politely or 4 years old at the time.’’ the 9th Armored Division, leading the waved it away. He said to the crowd: Mayfield was a magistrate for many years. American charge into Nazi Germany. Many of you were infantry, and so was I. Petercheff pointed out that those were the Private First Class Downing was We didn’t have umbrellas in the infantry. days before state courts were reorganized and magistrates performed many official du- killed in March 1945 in one of the final He was a soldier’s soldier to the end ties such as marriages, signing birth certifi- engagements of World War II. and a true patriot. cates and other legal functions. As he grew up fatherless, Wayne He will be missed. On behalf of the ‘‘Everybody came to the store. We were would spend hours listening to the United States Senate, I would like to (the same as) Somerset at that time. We sold

VerDate Aug 31 2005 08:12 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.149 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9599 everything you couldn’t grow,’’ Petercheff quarters secretary during Louie Nunn’s suc- to become a pilot with the Arkansas remembers. She said Ky. 1675, extending cessful campaign for governor; 5th District National Guard flying Black Hawk hel- from Ky. 80 to Mt. Victory, was in those days coordinator for Tom Emberton for governor; icopters. Taylor eventually reached the the main route from Crab Orchard to Sub- and state organizational coordinator for Bravo Company’s top position and limity Springs, at that time a well-known Huda Jones’s campaign for secretary of commanded the company. health resort near Mt. Victory. state. ‘‘Stagecoaches passed by here (on the way ‘‘Also, state campaign primary coordinator The second member of the flight to Sublimity Springs),’’ she recalled. for Gerald Ford for president of the United team was First Sergeant Tom Warren. ‘‘We went to Somerset on ‘Burden Road,’’’ States; state campaign manager for Hal Rog- 1st Sgt. Warren grew up in Jackson- laughed Petercheff. ‘‘It was really (through) ers for lieutenant governor; 5th District ville, AR, near Camp Robinson. He at- Burdine Valley, but we called it ‘Burden Val- campaign coordinator for Ronald Reagan, tended North Little Rock High School ley.’’’ (Senior) George Bush, Mitch McConnell and in 1976 and married his wife Doris on Petercheff is from a strong Republican Rogers; 5th District coordinator for Jim January 17, 1983. He raised five children family. Both her Grandpa Mayfield and Bunning for governor; and 5th District cam- and throughout his life was very active Grandpa John Cottongim, a deputy sheriff paign manager for Hal Rogers for Congress in church. He was a Mason, including from 1911 to 1916, were dyed-in-the-wool Re- in 1980, 1982 and 1984. being past master at his lodge in Levy, publicans. ‘‘Petercheff has served in some position in As a professional consultant, Petercheff every state, district and local election since which was the same position his father would cross the political divide. 1962. She started One Acorn and Associates had held. He also served as deacon at ‘‘One of my proudest times was working in 1984 with several stockholders. In April Lifehouse Christian Fellowship, where with (Democrat) Wallace Wilkinson in 1987,’’ 1986, she became the sole owner and operator he was an active member. Outside of Petercheff said. She was organizational coor- of One Acorn. Her list of clients is like a church, Warren loved to golf, but noth- dinator during Wilkinson’s successful cam- ‘‘who’s who’’ in local, state and national pol- ing besides his family could match his paign for governor, working with the now itics. love for aviation. Warren reached the nationally famous James Carville. ‘‘Like many Pulaski Countians, to make a position of first sergeant, making him ‘‘Democrats are a different breed,’’ she re- living, Petercheff’s family—her father, the top ranked enlisted soldier in the marked. ‘‘They are more open . . . a phys- Thomas O. Cottongim, and her mother, Mary ically touchy, feelie kind . . . they don’t company. Iva Mayfield Cottongim—left their home in Gary Brown hailed from the small flout their affluence. Acorn in 1941 and moved to Indianapolis. She ‘‘I am a conservative . . . a fiscal conserv- went to high school in the Indiana city and town of Nashville, AR. He was born and ative, not a social conservative,’’ Petercheff married her high school sweetheart, Jimmy raised there and attended Nashville said. ‘‘I loved matching my brains against Petercheff, now deceased. High School, where he was on the track those big consultants. It’s amazing how ‘‘She and Jimmy returned to Pulaski team. He graduated in 1982 and spent a those big national consultants (are often off County in 1959 and took over operation of the year at Ouachita Baptist University. base).’’ family’s general store, originally known as During his time in Little Rock, he was ‘‘The key to success in politics, Petercheff J.N. Mayfield Mercantile and later Acorn a member of Agape Church and was ac- said, is to ‘‘get organized, make a plan and Mercantile. then work your plan that’s how you win.’’ tive in the church’s children’s bus min- ‘‘They closed the store in 1967. ‘‘I had gone istry and men’s Bible study. His twin ‘‘On the other hand, Petercheff believes to work for Dr. Carter and we had to hire politics must be enjoyed. somebody to run the store,’’ Petercheff said. brother said that everything Brown did ‘‘I’ve told clients, ‘Politics is fun. If it’s ‘‘Doris and Jimmy have four sons, 11 in his life meant something to him, not fun, we won’t do it.’’’ grandchildren and six great-grandchildren. whether it was easy or hard, and he But an office seeker must be dedicated to She admits to encouraging her children to be could always be found with a smile on the cause. ‘‘Campaigns are hard work,’’ she politically active. his face. assures. ‘‘The Petercheff house at 4845 Highway 1675 To him, serving his country meant If Petercheff has a political hero, it’s the at Acorn has a large ‘‘P’’ on the chimney, ap- late Congressman Carter. something, and he served for 20 years parently for identification. But it’s not need- ‘‘Tim Lee . . . he was a country doctor. His in the National Guard. Most recently ed. Doris Petercheff is a household name in first interest and first desire was to help in- Brown was the crew chief of the Arkan- Somerset, Pulaski County, Kentucky and dividual people. If Tim Lee ran across a need sas National Guard’s 77th Aviation Bri- the nation. for which he couldn’t find an answer, he ‘‘As she so eloquently said: ‘‘It’s been a gade. He pursued perfection and was would dig down in his pocket and come up great ride!’’ truly dedicated to his job. with the money. And you didn’t have to vote The UH–60 Black Hawk helicopter for him to get help. f that First Sergeant Warren flew was ‘‘Tim Lee was the ultimate politician,’’ she what he called a limousine service. said. ‘‘He knew how to (handle) things politi- HONORING OUR ARMED FORCES They ferried others around Iraq as part cally to get people to do what they should MAJOR MICHAEL TAYLOR of ‘‘Task Force Dragon,’’ but they be- do.’’ FIRST SERGEANT TOM WARREN ‘‘Petercheff recalls that she started work- came known as the ‘‘Catfish Air.’’ ing for Carter in 1964 ‘‘. . . when women were SERGEANT FIRST CLASS JOHN GARY BROWN Serving their fellow soldiers, these not involved in politics . . . maybe they Mrs. LINCOLN. Madam President, men risked their lives every day to stuffed envelopes.’’ today I rise to recognize three Arkan- make sure people got to and from dan- ‘‘But Petercheff never took a back seat. sans who served our country with dig- gerous areas as safely as possible. Few people have a more impressive profile of nity and honor and gave their lives to Tragically these three men’s lives services. our country in Iraq: MAJ Michael Tay- ‘‘Among her positions as a volunteer, intertwined on January 20, 2007, when Petercheff served as chair of the Mayfield lor, 1SG Tom Warren, and Army SFC their helicopter crashed in the area precinct for 30 years; secretary of the Pu- John Gary Brown. They will be remem- northeast of Baghdad in one of the laski County Young Republicans Club for bered by their friends and family as deadliest moments of the war for our four years; treasurer in 1970 for the State men who lived lives full of passion and National Guard. I offer my condolences Young Republican Federation; chair in 1971 love. Their Nation will remember them to their families, and I pray that they of 5th District Young Republicans; and sec- as men who dedicated themselves to can find comfort in the knowledge that retary from 1972 to 1976 for the Pulaski Coun- protection of our freedom. these three men died serving others ty Republican Executive Committee. Michael Taylor’s father-in-law de- and doing what they loved on behalf of ‘‘Also, in 1969 she served as president of the Pulaski County Republican Women’s Club; scribed him as ‘‘a good guy’’ with a a grateful Nation. My thoughts and from 1976 to 1978 she was chair of the 5th Dis- personality that attracted everyone to prayers go out to the many people trict Republican Party; from 1972 to 1978 she him since his childhood days in North whose lives were touched by these men. was a member, state-at-large, Republican Little Rock. As a National Guardsman, SPECIALIST JEREMY STACEY State Central Committee; in 1966 she was who worked at the Veterans’ Adminis- PRIVATE FIRST CLASS BRUCE SALAZAR campaign chair for the U.S. Senator John tration, he soon learned that his true Madam President, it is with great Sherman Cooper and Tim Lee Carter; and passion was in flying. He had spent a sadness that I also rise to honor two served as campaign chair for now-Congress- lot of time working with computers, young men with Arkansas ties who man Hal Rogers for state Young Republican chairman. and the relationship between modern died on back-to-back days during the Also, she was campaign coordinator for helicopters and computers gave him a July 4 recess. Specialist Jeremy L. Rogers in his quest for Pulaski County attor- leg up when it came time to enter Stacey was killed on July 5 by a road- ney; Pulaski County campaign and head- flight school. He retired from the VA side bomb in Baghdad, and Army PFC

VerDate Aug 31 2005 07:58 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.061 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9600 CONGRESSIONAL RECORD — SENATE July 19, 2007 Bruce Salazar Jr., was killed on July 6 The deaths of these two young men, Kelli, in addition to other family. My by an improvised explosive device, IED, like the thousands who have already thoughts and prayers go out to the in Muhammad Sath, Iraq. given their lives defending our freedom Estes family during this trying time. Specialist Stacey spent a large por- in Iraq and Afghanistan, touch many SPECIALIST ERICH SMALLWOOD tion of his life growing up in Amarillo, families and many communities across Madam President, it is with great TX, and later moved with his mother, our State and throughout this great sadness that I also rise today to pay Betty Click, to Bismarck, AR, where land. Our Nation is grateful for their tribute to a Arkansan who served his he graduated from Bismarck High service, and in the days and weeks country with honor, SPC Erich S. School in 2003. Shortly after grad- ahead, our thoughts and prayers are Smallwood of Trumann, AR. Specialist uating from high school, he enlisted in with their families and loved ones dur- Smallwood died on May 26, 2007, from the Army. ing this difficult time. injuries suffered when an improvised Specialist Stacey was remembered by CORPORAL ZACHARY D. BAKER explosive device detonated near his ve- those in Bismarck as a great guy that Madam President, I also wish to re- hicle outside of Balad, Iraq. Erich was everyone loved. He had been called a member a young Arkansan who paid a member of Company B of the 87th prankster with a quick wit by those the ultimate sacrifice by giving his life Troop Command’s 875th Engineer Bat- who knew him well, and his death has for our freedom in Iraq earlier this talion based in Marked Tree, AR, and been devastating for his family and the year, CPL Zachary Baker. Coporal served with the battalion’s Company A Bismarck community. Specialist Baker was 24 years old and is survived based in Jonesboro, AR. He was the Stacey was the first fatality of the Bis- by his wife Christina and seven-year- first loss for the 875th during Operation marck graduates serving in Iraq. old son Andrew, as well as his mother, Iraqi Freedom. Specialist Stacey was an M1 armor father, brother, sister, and other rel- A 2002 graduate of Trumann High crewman with the 1st Cavalry Division atives. School, Smallwood was a beloved mem- stationed in Fort Bliss, TX, and had re- Known affectionately to his family as ber of his community. He was selected ceived the National Defense Service ‘‘Bubba,’’ Baker was serving his second ‘‘Mr. Trumann High School’’ by his Medal, Global War on Terrorism Serv- tour of duty in Iraq. He was originally classmates and was a good athlete who ice Medal, Army Good Conduct Medal, sent to Iraq in 2005 and volunteered to played football, baseball, and ran track and the Army Service Ribbon. He was go back after completing that tour. His for THS. He was also selected ‘‘Most posthumously appointed to the rank of family described him as a good Chris- Involved’’ his senior year in high corporal and awarded the Bronze Star tian man who thought about others be- school and was a member of Future and Purple Heart. fore himself. Farmers of America and the Spanish After his graduation in Arkansas, He was killed with five other mem- Club. Stacey’s mother moved to Los Chavez, bers of the First Cavalry Division In the days following his death, NM, and although he reenlisted in De- based out of Fort Hood, TX, when a friends and loved one remembered cember for another 3-year term, he roadside bomb exploded near the Brad- Smallwood for the person he was and talked of moving to New Mexico to be ley fighting vehicle they were in. His the examples he set. In an interview in near his mother once his service was team was responding to a helicopter the Trumann Democrat, his high complete. A talented writer who wrote that Iraqi insurgents shot down north school principal, Jim Montgomery, re- fiction, Stacey also dreamed of going of Baghdad after two crew members called that Specialist Smallwood had a to college one day. He is survived by radioed for help. Both crew members great sense of humor. ‘‘He liked to kid his mother and four sisters: Jessica died in the crash. around, but he never got into any trou- Stacey, Shaila Stacey, Lisa Close, and I extend my deepest sympathy to his ble. . . He was always doing something Erica Close. family. My thoughts and prayers, as to make people laugh . . . He was a Just one day after Specialist Stacey well as those of so many Arkansans, good student and a good person.’’ was killed, Arkansas lost another one are with you during this difficult time. At his funeral on June 4, his brother- of its sons when Army PFC Bruce STAFF SERGEANT JUSTIN ESTES in-law, Jon Redman of Jonesboro, Salazar was killed. Salazar moved to Madam President, Arkansas lost a noted that he was an inspiration to Fayetteville, Arkansas, in 2003 when he fine young American this past year others. ‘‘He was a special kind of per- followed his best friend Ronnie Jacques when SSG Justin Estes of Sims was son. He always had that smile on his from Davis, CA, to Northwest Arkan- killed while trying to assist a wounded face. . . He was the greatest brother sas. Salazar’s father, Bruce Salazar Sr., soldier near Samarra, Iraq. According anyone could have. He was a friend to lives in Springdale, and the younger to reports, Sergeant Estes was in the many people and never met a stranger. Salazar worked in Springdale while third vehicle of a convoy when another He was the heart and soul of his unit.’’ completing his general equivalency de- vehicle was struck by an improvised Arkansas National Guard Adjutant gree. explosive device, IED. Without regard GEN William B. Wofford remembered The 24-year-old joined the Army and for himself, Sergeant Estes left his ve- him as ‘‘a soldier both inside and out- planned on being a career solider, ac- hicle and rushed to pull an injured side the wire. He wanted to be an en- cording to his mother and his friend. comrade out of the burning vehicle. He couragement to someone. He was a After the war, Salazar planned on help- began administering first aid to the true patriot, was intelligent, and loved ing his mother, Suzie Ruiz of Modesto, wounded soldier when another IED det- his fellow soldiers.’’ CA, buy a house, and he looked forward onated. He died in the arms of a second At a Memorial Day service in to moving to Florida. His mother re- soldier from the explosion. Trumann, just 2 days after his passing, membered him as a good kid who was Sergeant Estes was remembered as a Mayor Sheila Walters read a proclama- always there when she needed him. He fine soldier, ‘‘The Best of the Best,’’ tion recognizing the sacrifice of Spe- was an avid baseball fan and wanted to who put others before himself. He was cialist Smallwood. It read: ‘‘We honor be a fighter pilot. A few weeks before serving his second tour for the 82nd all soldiers and their commitments to his death, Salazar spoke to his mom Airborne and was set to return to the this great country by their legacy of about family and friends and asked for United States after his first tour. How- patriotism and sacrifice. We honor our a baseball glove to play catch. Ms. Ruiz ever, he gave his slot to a fellow soldier very own Erich Smallwood for giving mailed the glove and a book on becom- so that he could see his newborn son. his life in the cause of freedom. He is ing a pilot. Family and friends also recalled his one of the many heroes who have pro- Private First Class Salazar was an fun-loving spirit. tected and inspired us all.’’ infantryman with the 1st Battalion, Sergeant Estes was awarded three Madam President, Specialist 30th Infantry Regiment, 2nd Brigade medals: the Bronze Star, the Purple Smallwood was a unique person who Combat Team, 3rd Infantry Division Heart, and the Combat Infantryman paid the ultimate sacrifice in serving based in Fort Stewart, GA. He is sur- Badge. He is survived by his parents, his country and protecting our free- vived by his mother Suzy father Bruce Don and Kathy Estes of Kentucky and doms. My thoughts and prayers are sister Alicia Salazar and four half-sis- John and Diane Salyers of Sims. He with his fiancee, Amanda; father, ters in Southern California. also has two older sisters, Norma and James; mother, Pamela; sister, Terah;

VerDate Aug 31 2005 07:37 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.002 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9601 brother J.T., who is also currently MRAP 207 to 247 would still be alive today if serving in Iraq; and the rest of the Mr. BIDEN. Madam President, I want they had been in MRAPs. We need to Smallwood family during this trying to explain an amendment I hope to get make sure that for the second half of time. adopted when we return to the Defense 2007, those MRAPs are there and those SERGEANT ROBB ROLFING authorization bill and that I have filed lives are saved. Mr. THUNE. Madam President, I today. What about the threat from these mourn the loss and celebrate the life of Let me be very frank. This is a very shaped charges that come in from the Rob Rolfing. Robb died on June 30 expensive amendment. It is also, lit- side, the EFP? The Army’s Rapid while engaging enemy insurgents in erally, priceless. It makes good on this Equipping Force and the Joint Impro- Baghdad. He was the 23rd South Dako- commitment: So long as a single Amer- vised Explosive Device Defeat Organi- tan to make the ultimate sacrifice in ican soldier or marine remains in Iraq, zation started working on that last the war on terror. My deepest sym- we will provide him or her with the year. In conjunction with industry, pathies go out to Robb’s family, in par- best protection this country can pro- they produced a vehicle nicknamed ticular, his mother Margie, his father vide. ‘‘the Bull’’ and officially called the Rex, his brother TJ, and his sister Tif- Let me start with the basics. There Highly Survivable Urban Vehicle Bal- fany. With Robb’s tragic death, South are two critical issues facing our sol- listic Protection Experiment Program. Dakota has lost one of its finest sons diers and marines today: improvised This vehicle was tested and shown to and the Army has lost a dedicated pro- explosive devices, or IEDs, and explo- defeat EFPs and also tested against the fessional. sively formed penetrators, or EFPs. first level of MRAP requirements. That Robb was from Sioux Falls and grad- IEDs are planted in roads and on the testing was completed in March of this uated from O’Gorman High School in side of roads to hit the bottom of vehi- year. For some reason, the military 1996. His love of science and ingenuity cles with powerful explosives. EFPs are has not asked for another vehicle to do was inspired by television’s MacGyver. shaped charges that come into the side the MRAP level two tests. So we do not Those who remember Robb from high armor of vehicles at high speeds. actually know how capable this vehicle school like to recount how Robb was We know that IEDs now cause about might be for all threats, but we know never without duct tape or a Swiss 70 percent of all American fatalities. it works against EFPs. Instead of try- Army knife. Another of their favorite Since 2003, in any given month, IEDs ing to get ahead of the enemy and get stories is how Robb rigged up a make- have caused between 30 and 76 percent this technology into the field, the mili- shift parachute for his graduation cap of American fatalities. For every tary seems to be sitting on its hands so that when he threw it in the air it death, there are usually 2 to 10 Ameri- while the EFP threat has increased. glided back down to the ground. cans wounded. Over the past year, we As Robb grew it was clear that he Why wouldn’t you field something you have also seen a growing threat from was a gifted scholar, athlete, leader, know works? EFPs. They are not yet everywhere in The perfect vehicle would be a com- and coach. He dedicated himself to the Iraq, but they are spreading and they plete MRAP with EFP protection, but pursuit of excellence in every aspect of his life. He was a passionate soccer are very lethal. that appears to be many months away, The military has a strategy for deal- player who excelled on and off the field although some MRAP producers tell ing with both. First, they seek to dis- at Vassar College. He finished his colle- me that their vehicles have survived rupt the organizations that produce giate career with a degree in Astro- EFP hits in the field. So again, we do IEDs and EFPs. They go after the peo- physics and was twice named the cap- not have the complete picture. We have ple and the supplies. Second, they attain of the Vassar soccer team, scored also been told that Frag-Kit-6 armor tempt to use tactics and technology to the winning goal to advance his team can defeat EFPs, but it is too heavy for prevent IEDs and EFPs from being ac- to Vassar’s first ever national tour- MRAPs. So vehicles must be redesigned nament, and was the team’s second all- tivated when American personnel are and retested. This will take time. I un- time leader in goals, assists, and close enough to be harmed. Third, they derstand that and support that effort, points. Following graduation from col- attempt to survive a direct hit. It is but Americans are dying today. Again, lege, Robb coached soccer at Rollins the third area where we could and as with the MRAP, we have a tech- College in Florida and Curry College in should have done much more to make a nology that could keep them alive, and Massachusetts. difference years ago but where still we should be using it while we work to When the United States was attacked today we can and must make a dif- perfect it. on September 11, 2001, Robb pursued ference. I do not know if all of my colleagues another of his dreams. He joined the The military has tested, both at test- saw the USA Today article that ap- U.S. Army and became a member of the ing centers and in the field, the Mine peared on Monday detailing some of Green Berets, the Army’s elite experts Resistant Ambush Protected vehicle, the history surrounding the MRAP. I in unconventional warfare. Based on also called an MRAP. The MRAP pro- will summarize a few points but will Robb’s dedication to excellence and his vides dramatically improved protec- ask to have the entire article printed mechanical ingenuity it came as no tion against IEDs. The military has in the RECORD. surprise that Robb served as the spe- said that it is four to five times as good This article details efforts to get cial forces engineer for his unit, Bravo as an up-armored HMMWV. More im- MRAPs going back to 2003. It also de- Company, 2nd Battalion, 10th Special portant, military commanders tell us tails the reasons for delay, and that is Forces Group, airborne. Special forces that it will reduce deaths and casual- what I want to point out to my col- engineers are skilled at construction ties from IEDs by 67 to 80 percent. The leagues. projects, building field fortifications, Brookings Institution found that 1,400 First, apparently, the leadership at and using explosive demolitions. Look- Americans died in Iraq due to IEDs the Pentagon did not expect this war ing back over Robb’s life, it seems that from March of 2003 through June of to last this long. Well, that is no sur- his whole experience was designed to 2007. If we had had MRAPs in the field prise. We all remember the ‘‘Mission culminate in gaining the coveted Army from the start—and we could and Accomplished’’ speech and the promise Green Beret that is recognized the should have—938 to 1,120 Americans of roses in the streets. We remember world over. would be alive today. Vice President CHENEY telling us that Green Berets are commonly called And let me just clarify for my col- the insurgency was in its death throes. quiet professionals and referred to as a leagues that this is not new tech- We remember Secretary Rumsfeld tell- special breed of man. Robb was both nology. It has been used successfully in ing us that crime in Baghdad was not these things and truly lived the Green Africa, by nations much poorer than any worse than that in Washington, Beret motto, De Oppresso Liber, To ours, since the 1970s. I don’t want to DC. I remember all of that. Sadly, none Liberate the Oppressed. get bogged down in history, but this is of those leaders remember the hearings Mr. President, I truly mourn the loss not rocket science. Every day we delay, that Senator LUGAR and I held before of SGT Robb Rolfing and I extend my another soldier or marine is killed or the war began that predicted the need thoughts, prayers, and best wishes to injured by an IED. If we just look at for a long-term American presence and his family, friends, and loved ones. this year, IEDs killed 309 Americans; engagement. They don’t remember

VerDate Aug 31 2005 07:37 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.005 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9602 CONGRESSIONAL RECORD — SENATE July 19, 2007 some of us, starting before the war, re- hind. I was happy to see the Secretary No one from the Pentagon has been peatedly urged the President to level of the Army, Peter Geren, state clearly able to explain it to me. with the American people about the in his confirmation hearing that he be- Last, some argue that the real prob- likely duration, cost, and danger of lieves MRAPs will be needed in future lem is production capacity. I simply this war. Perhaps even more tragically, conflicts. It is clear to me that until don’t buy it. We are being told that this uncertainty about future force lev- we show America’s enemies that we American industry cannot handle this els continues to limit the military can handle IEDs, they will continue to or does not care enough about our sol- commitment to fielding more MRAPs use them throughout the world. We are diers and marines to do it. I don’t buy and EFP protected vehicles. already seeing an increased use of IEDs it. These are purely military vehicles. Second, these vehicles were seen as in Afghanistan. If the military does not place the or- contrary to Secretary Rumsfeld’s vi- It is also clear to me that those who ders, industry will not build them, and sion for the transformed military, a worry about what the military will be they certainly won’t create new pro- lighter, more agile force. While it de- driving in 5 years are missing the boat duction capacity. They cannot sell the pends on what armored humvee you are here. I understand that there are great extras to your neighbor or mine. So we talking about, many believed that advancements being developed for our must put the money up front and chal- MRAPs were heavier and slower than future force. But we have a sacred lenge our companies to deliver quickly. humvees. The stifling effect Secretary trust to those on the front lines today, We did that on the supplemental where Rumsfeld’s views and management right now. Right now, we are saying to Congress accepted my amendment add- style had on military leaders is well them: If you survive this war, we will ing $1.2 billion. Because that led to in- known to everyone who follows mili- get you really good protection for the creased production capacity, Secretary tary issues. In this instance, it meant next one. Give me a break. To para- Gates has reprogrammed another $1.2 that officers were predisposed against phrase a former Secretary of Defense, billion for fiscal year 2007 to take ad- the heavier vehicle and didn’t push the you fight the war you are in, not the vantage of that new capacity. issue when our forces in the field asked war you might be in down the road. We made it to the Moon by putting for MRAP technology. Instead, they fo- Ideally, you do both, but your priority money up front and challenging Ameri- has to be protecting the men and cused on the first two parts of the anti- cans to do their best to get there. women under fire now. End of story. IED strategy I talked about earlier. MRAPs and EFP protected vehicles are Finally, and most disturbing to me, Can anyone imagine Roosevelt saying, basically modified trucks. America many believed that Congress would not ‘‘Listen, we may not need some of knows how to make trucks and how to support funding the MRAP while also those boats after Normandy, so maybe make a lot of them. As I said before, we should not build so many?’’ Of fielding better armored humvees. I do this is not rocket science. If we buy it, course not. War is inherently wasteful not know of a single wartime funding they will build it. and this war is no exception. I am will- request that Congress has denied. What if they cannot? What if indus- ing to waste money and equipment if it There have been some items added to try can only get 15,000 or 20,000 of the means we don’t waste lives and limbs. the supplemental bills that were clear- 23,000 we need built by the end of fiscal The fact that we may not need all of ly not urgent or war related, but noth- year 2008? Well, I tell my colleagues, the vehicles we buy today in 5 years, is ing directly linked to current oper- than we will know that we gave them no reason to shortchange the soldiers ations was refused. Nonetheless, it ap- every chance to succeed. More impor- and marines who truly need the vehi- pears that the military did not believe tant, we gave our soldiers and marines cles today. that our support for needed equipment I have given my colleagues some of their best chance to survive this war. And the downside is simply that all was for real. Even today, I hear that this history so they will understand of the funds we provide cannot be spent leaders are concerned that they must why we must stand up for our marines in 1 year and all of the vehicles cannot cut multiple existing programs to pay and soldiers on this issue. We must cut be purchased. In that situation, all we for this growing MRAP requirement. through the ‘‘business as usual’’ bu- have to do is authorize reprogramming There may be programs that we could reaucracy. I applaud Secretary Gates the unspent funds for the next fiscal all agree are not as vital for a wartime for making MRAPs the top priority of Army, but I do not want that debate the military, but I am concerned that year. Compared to taking a chance on and concern to slow lifesaving equip- even now, some of the same problems saving our kids, that is an easy down- ment. continue. After all, Army commanders side to accept. I opened by saying that this was a I understand that this program will in Iraq concluded that they need 17,700 very expensive amendment, and it is. be the third largest procurement pro- MRAPs. That is 15,200 more than cur- Let me be clear. It provides $23.6 bil- gram in the Pentagon. As I said, it is rently being bought. We must act now very costly. We can work together in to put money in the pipeline to order lion for Army MRAPs, enough money the future to find the lower priority the additional vehicles and expand pro- to buy the 15,200 the commanders in programs that simply should not be duction capacity. the field are asking for. The amount is funded if they are competing with life- Instead, we find out that 2 months based on the last cost estimate I was saving programs. We do not have any later, the Joint Requirements Over- given by the Pentagon on July 9. The more time to delay spending the money sight Council has yet to approve the amendment also provides an additional needed to buy these vehicles, however, Army request as a ‘‘validated joint re- $1 billion that I have been told is need- if we are going to save lives. quirement.’’ I don’t get it. ed for the purchase of 7,774 MRAPs cur- Leadership is about making hard The President tells us that the most rently planned for and funded in this choices, and I look forward to working important thing in this war is the judg- bill. The increased funds are needed for with my colleagues and the adminis- ment of our commanders in the field. airlift, training, and maintenance costs tration to do whatever it takes. I am Now, I may disagree with the policy not originally included in the program even willing to cut programs I support being executed, but I would agree that budget. because saving lives and limbs under when it comes to tactical decisions In addition, the amendment provides fire today must truly be our first pri- about the best way to implement our $400 million for EFP protection. Half is ority. So, today, with this amendment policies, this is the right approach. Ap- to field 200 of the vehicles already test- I hope we can make it clear that we parently, others feel that the com- ed and half is for the joint Improvised will provide whatever funding is need- manders should only be listened to se- Explosive Device Defeat Organization ed, so that military leaders do not fear lectively, when it does not cost too to continue to work on and field better being honest about their needs. much money. vehicles. The Bull may not be the per- In addition to the issues brought out The commanders in the field have fect answer, but it gives us a chance to in the article, I have also heard a reg- said that they need an additional 15,200 save American lives today. While we ular concern that some in the military mine resistant vehicles for the Army. work on the perfect solution, an MRAP do not believe MRAPs will be needed in They have also said that they need with EFP protection, we should still be the future—that when we leave Iraq, thousands of vehicles with EFP protec- giving our soldiers and marines the we will leave most of these vehicles be- tion. So, why the delay? best we have today. The military needs

VerDate Aug 31 2005 06:57 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.009 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9603 to see if the Bull can provide full when Marines in Iraq asked the Pentagon for identical to the MRAPs sought by U.S. MRAP protection. They also need to almost 1,200 of the vehicles. USA TODAY forces then and now, and made in the United look at other ideas for improving found that the first appeals for the MRAP States by BAE Systems—was issued in May MRAPs, but while they do, we should came much earlier. 2006. The vehicles, called Badgers, began ar- As early as December 2003, when the Ma- riving in Iraq 90 days later, according to take advantage of the proven tech- rines requested their first 27 MRAPs for ex- BAE. In September 2006, the Pentagon said it nology we have at hand. plosives-disposal teams, Pentagon analysts would provide up to 600 more to Iraqi forces. Last, this amendment asks Secretary sent detailed information about the superi- As of this spring, 400 had been delivered. Gates to report back to us within 30 ority of the vehicles to the Joint Chiefs of The rush to equip the Iraqis stood in stark days on any legal authorities he needs Staff, e-mails obtained by USA TODAY contrast to the Pentagon’s efforts to protect to produce and field these protective show. Later pleas came from Iraq, where U.S. troops. In February 2005, two months after Nadeau vehicles faster. commanders saw that the approach the Joint Chiefs embraced—adding armor to the sides solicited ideas for better armor for the Iraqis Let me also clarify what we are add- and was told MRAPs were an answer, an ur- ing these funds to. The Armed Services of Humvees, the standard vehicles in the war zone—did little to protect against blasts be- gent-need request for the same type of vehi- Committee added $4.1 billion to the neath the vehicles. cle came from embattled Marines in Anbar President’s initial request for a mere Despite the efforts, the general who province. The request, signed by then-briga- $441 million for MRAPs in this bill. At chaired the Joint Chiefs until Oct. 1, 2005, dier general Dennis Hejlik, said the Marines the time, that was all that was thought says buying MRAPs ‘‘was not on the radar ‘‘cannot continue to lose . . . serious and screen when I was chairman.’’ Air Force gen- grave casualties to IEDs . . . at current rates to be needed to meet the 7,774 require- when a commercial off-the-shelf capability ment and I applaud the committee for eral Richard Myers, now retired, says top military officials dealt with a number of ve- exists to mitigate’’ them. meeting that need. The situation has Officials at Marine headquarters in hicle issues, including armoring Humvees. Quantico, Va., shelved the request for 1,169 changed since the bill came out of com- The MRAP, however, was ‘‘not one of them.’’ vehicles. Fifteen months passed before a sec- mittee. We now know that the Army Something related to MRAPs ‘‘might have ond request reached the Joint Chiefs and was commanders on the ground want far crossed my desk,’’ Myers says, ‘‘but I don’t approved. Those vehicles finally began trick- more. We cannot get such a large order recall it.’’ ling into Anbar in February, two years after Why the issue never received more of a produced if we continue to delay. the original request. Because of the delay, hearing from top officials early in the war For me, this is very simple. I believe the Marines are investigating how its ur- that when our sons and daughters are remains a mystery, given the chorus of con- gent-need requests are handled. getting blown up and we have vehicles cern. One Pentagon analyst complained in an The long delay infuriates some members of proven to dramatically improve their April 29, 2004, e-mail to colleagues, for in- Congress. ‘‘Every day, our troops are being stance, that it was ‘‘frustrating to see the maimed or killed needlessly because we odds of survival, we must get the vehi- pictures of burning Humvees while knowing cles to them. This amendment allows haven’t fielded this soon enough,’’ says Rep. that there are other vehicles out there that Gene Taylor, D–Miss. ‘‘The costs are in us to do that. When the Senate returns would provide more protection.’’ human lives, in kids who will never have to debate on the Defense Authorization The analyst was referring to the MRAP, their legs again, people blind, crippled. Act, I hope all of my colleagues will whose V-shaped hull puts the crew more That’s the real tragedy.’’ support it. than 3 feet off the ground and deflects explo- Not until two months ago did the Pentagon Madam President, I ask unanimous sions. It was designed to withstand the un- champion the MRAP for all U.S. forces. consent to have the article to which I derbelly bombs that cripple the lower-riding Gates made MRAPs the military’s top pri- Humvees. Pentagon officials, civilians and ority. The plan is to build the vehicles as referred printed in the RECORD. military alike, had been searching for tech- fast as possible until conditions warrant a There being no objection, the mate- nologies to guard against improvised explo- change, according to a military official who rial was ordered to be printed in the sive devices, or IEDs. The makeshift bombs has direct knowledge of the program but is RECORD, as follows: are the No. 1 killer of U.S. forces. not authorized to speak on the record. Thou- [From USA Today, July 16, 2007] The MRAP was not new to the Pentagon. sands are in the pipeline at a cost so far of PENTAGON BALKED AT PLEAS FROM OFFICERS The technology had been developed in South about $2.4 billion. IN FIELD FOR SAFER VEHICLES Africa and Rhodesia in the 1970s, making it Gates said he was influenced by a news re- older than Kincaid and most of the other port—originally in USA TODAY—that dis- (By Peter Eisler, Blake Morrison and Tom troops killed by homemade bombs. The Pen- closed Marine units using MRAPs in Anbar Vanden Brook) tagon had tested MRAPs in 2000, purchased reported no deaths in about 300 roadside Pfc. Aaron Kincaid, 25, had been joking fewer than two dozen and sent some to Iraq. bombings in the past year. His tone was with buddies just before their Humvee rolled They were used primarily to protect explo- grave. ‘‘For every month we delay,’’ he said, over the bomb. His wife, Rachel, later sive ordnance disposal teams, not to trans- ‘‘scores of young Americans are going to learned that the blast blew Kincaid, a father port troops or to chase Iraqi insurgents. die.’’ of two from outside Atlanta, through the One reason officials put off buying MRAPs THE GOAL: IRAQIS ‘‘STAND UP’’ SO U.S. CAN Humvee’s metal roof. in significant quantities: They never ex- ‘‘STAND DOWN’’ Army investigators who reviewed the Sept. pected the war to last this long. Bush set the 23 attack near Riyadh, Iraq, wrote in their Even as the Pentagon balked at buying tone on May 1, 2003, six weeks after the U.S. report that only providence could have saved MRAPs for U.S. troops, USA TODAY found invasion, when he declared on board the air- Kincaid from dying that day: ‘‘There was no that the military pushed to buy them for a craft carrier Abraham Lincoln that ‘‘major way short of not going on that route at that different fighting force: the Iraqi army. combat operations in Iraq have ended.’’ time (that) this tragedy could have been di- On Dec. 22, 2004—two weeks after President Gen. George Casey, the top commander in verted.’’ Bush told families of servicemembers that Iraq from June 2004 until February this year, A USA TODAY investigation of the Penta- ‘‘we’re doing everything we possibly can to repeatedly said that troop levels in Iraq gon’s efforts to protect troops in Iraq sug- protect your loved ones’’—a U.S. Army gen- would be cut just as soon as Iraqi troops gests otherwise. eral solicited ideas for an armored vehicle took more responsibility for security. In Years before the war began, Pentagon offi- for the Iraqis. The Army had an ‘‘extreme in- March 2005, he predicted ‘‘very substantial cials knew of the effectiveness of another terest’’ in getting troops better armor, then- reductions’’ in U.S. troops by early 2006. He type of vehicle that better shielded troops brigadier general Roger Nadeau told a subor- said virtually the same thing a year later. from bombs like those that have killed dinate looking at foreign technology, in an Casey wasn’t the only optimist. In May Kincaid and 1,500 other soldiers and Marines. e-mail obtained by USA TODAY. 2005, Vice President Cheney declared that But military officials repeatedly balked at In a follow-up message, Nadeau clarified the insurgency was ‘‘in its last throes.’’ appeals—from commanders on the battlefield his request: ‘‘What I failed to point out in Given the view that the war would end and from the Pentagon’s own staff—to pro- my first message to you folks is that the soon, the Pentagon had little use for expen- vide the lifesaving Mine Resistant Ambush U.S. Govt. is interested not for U.S. use, but sive new vehicles such as the MRAP, at least Protected vehicle, or MRAP, for patrols and for possible use in fielding assets to the Iraqi not in large quantities. The MRAPs ordered combat missions, USA TODAY found. military forces.’’ for the Iraqis were intended to speed the day In a letter to Defense Secretary Robert In response, Lt. Col. Clay Brown, based in when, to use Bush’s words, Iraqi forces could Gates late last month, two U.S. senators said Australia, sent information on two types of ‘‘stand up’’ and the United States could the delays cost the lives of an estimated ‘‘621 MRAPs manufactured overseas. ‘‘By all ac- ‘‘stand down.’’ to 742 Americans’’ who would have survived counts, these are some of the best in the Nadeau, who wrote the e-mail that led to explosions had they been in MRAPs rather world,’’ he wrote. ‘‘If I were fitting out the MRAPs for the Iraqis, explains why he did than Humvees. Iraqi Army, this is where I’d look (wish we so: ‘‘The U.S. government knows that even- The letter, from Sens. Joseph Biden, D– had some!)’’ tually we’re going to get out’’ of Iraq. The Del., and Kit Bond, R–Mo., assumed the ini- The first contract for what would become United States wants ‘‘to help get (the Iraqis) tial calls for MRAPs came in February 2005, the Iraqi Light Armored Vehicle—virtually in a position to take care of themselves.’’

VerDate Aug 31 2005 07:37 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.010 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9604 CONGRESSIONAL RECORD — SENATE July 19, 2007 For U.S. forces, however, the answer was When the Pentagon added armor to the Then, as now, Hunter was impatient with something else: adding armor to Humvees. sides of Humvees to guard against bombs the pace of procurement in Iraq. That win- Nadeau and others say the choice made sense planted along roadsides, the insurgents re- ter, he had dispatched his staff to steel mills, because Humvees were already in Iraq and sponded by burying bombs in the roads. The where they persuaded managers and union the improvements—adding steel to the sides, bombs could blast through the vulnerable leaders to set aside commercial orders to ex- upgrading the windows and replacing the underbelly of the Humvees. The insurgents pedite steel needed to armor the Humvees. canvas doors—could be made quickly, and far also moved to larger, more sophisticated He also worked with the Army and its con- more cheaply. Adding armor to a Humvee bombs, some packed with as much as 100 tractors to expand production. cost only $14,000; a Humvee armored at the pounds of explosives. In Fallujah, Hunter recognized the factory cost $191,000; today, an MRAP costs Deputy Secretary of Defense Gordon Eng- Humvees. He couldn’t identify the two vehi- between $600,000 and $1 million, though some land, the No. 2 official at the Pentagon, tes- cles next to them. One was called a Cougar, foreign models cost only about $200,000 in tified on Capitol Hill in June that ‘‘as the the other a Buffalo. Both were MRAPs, made 2004. threat has evolved, we have evolved. We by Force Protection Inc., and both, he was The solution to the IED problem in 2003 work very, very hard to be responsible to our told, were coveted. They were used by explo- had to be ‘‘immediate,’’ says retired vice ad- troops.’’ sives disposal teams, but combat units miral Gordon Holder, director for logistics Taylor, the Democratic congressman from ‘‘looked at them and said, ‘We want those,’’’ for the Joint Chiefs until mid-2004. ‘‘We had Mississippi, pressed England about why the Hunter recalls. to stop the bleeding.’’ Holder says MRAPs Pentagon waited until May to request sub- Throughout most of Iraq, they still haven’t seemed impractical for the immediate need: stantial numbers of MRAPs. ‘‘Are you tell- arrived. ‘‘We shouldn’t take four years to field some- ing me no one could see that (need) coming, Despite requests from the field, Pentagon thing the kids needed yesterday.’’ no one could recognize that the bottom of officials decided to ration the vehicle. In 2003 Would it actually have taken four years? the Humvee’’ didn’t protect troops, and and 2004, they bought about 55, and only for That depends upon how much urgency the ‘‘that’s why the kids inside are losing their explosives-disposal units. But they chose a Pentagon and Congress attached to speeding legs and their lives?’’ Taylor asked. different approach for protecting the rest of production. Force Protection Inc., the small ‘‘That is too simplistic a description,’’ the troops: adding armor to Humvees. The South Carolina company that landed the England replied. ‘‘People have not died need- choice was problematic. The Humvee’s flat first significant MRAP contracts, was criti- lessly, and we have not left our people with- bottom channels an explosion through the cized this month by the Pentagon’s inspector out equipment.’’ center of the vehicle, toward the occupants. general for failing to deliver its vehicles on To Pentagon decision-makers, the Humvee Memos and e-mails obtained by USA time. But bigger defense contractors were seemed able to handle the threat early in the TODAY show a stream of concerns about the available then—and have secured MRAP con- war—roadside bombs, rather than those bur- decision to armor the Humvee. Most went up tracts in recent weeks that call for deliveries ied in the roads. ‘‘If anybody could have the chain of command and withered: in as little as four months. guessed in 2003 that we would be looking at December 2003: At the direction of then- A bigger obstacle might have been philo- these kind of (high-powered, buried) IEDs deputy Defense secretary Paul Wolfowitz, sophical: The MRAP didn’t fit the Penta- that we’re seeing now in 2007, then we would who was troubled by the mounting death toll gon’s long-term vision of how the military have been looking at something much from IEDs, the Joint Chiefs began to explore should be equipped. longer’’ term as a solution, Holder says. options for giving troops better armor. De- Then-Defense secretary Donald Rumsfeld ‘‘But who had the crystal ball back then?’’ tailed information on the Wer’Wolf, an regarded the Iraq war ‘‘as a means to Nadeau, now a major general in charge of MRAP made in the African country of Na- change’’ the military, ‘‘make it lighter, the Army’s Test and Evaluation Command in mibia, was passed from analysts in the Pen- make it more responsive, make it more Alexandria, Va., also defends the Pentagon’s tagon to Lt. Col. Steven Ware, an aide col- agile,’’ Holder says. The MRAP, heavier and choices. He says buried IEDs did not become lecting information for the Joint Chiefs. slower than the Humvee, wouldn’t have a serious threat to the armored Humvees March 30, 2004: Gen. Larry Ellis, in charge measured up, he says. until 2006. Critics might say, ‘‘Why didn’t of U.S. Forces Command in Atlanta, sent a THE COMMANDER: ‘‘IEDS ARE MY NO. 1 THREAT’’ you guys buy 16,000 MRAPs a decade ago?’’ memo to the Army’s chief of staff, Gen. By June 2004, the military had lost almost Nadeau says today. ‘‘You know, I didn’t need Peter Schoomaker. He complained that 200 U.S. troops to the homemade bombs. Gen. them.’’ ‘‘some Army members and agencies are still Six officers interviewed by USA TODAY John Abizaid, then head of U.S. Central in a peacetime posture.’’ U.S. commanders in say the threat to the Humvees surfaced soon- Command, told the Joint Chiefs that ‘‘IEDs Iraq told him that the armored Humvee ‘‘is er. Lt. Col. Dallas Eubanks, chief of oper- are my No. 1 threat.’’ He called for a ‘‘mini- not providing the solution the Army hoped ations for the Army’s 4th Infantry Division Manhattan Project’’ against IEDs, akin to to achieve.’’ He didn’t recommend MRAPs in 2003–04, says IEDs became more menacing the task force that developed the atomic but rather suggested accelerating production before he left Iraq. ‘‘We were certainly see- bomb during World War II. of a combat vehicle called the Stryker. In re- The Pentagon organized a small task force ing underground IEDs by early 2004,’’ he sponse, the military said new Humvee armor that, two years later, morphed into a full- says. kits would suffice. In mid-2005, two top Marines—Gen. Wil- fledged agency: the Joint IED Defeat Organi- April 28–29, 2004: Duncan Lang, a Pentagon liam Nyland, assistant Marine commandant, zation, or JIEDDO. Its leader, Montgomery analyst who worked in acquisition and tech- and Maj. Gen. William Catto, head of Marine Meigs, is a retired four-star general. Its an- nology, suggested purchasing the Wer’Wolf, Corps Systems Command—testified before nual budget totals $4.3 billion. Its mission: to the MRAP put before the Joint Chiefs in De- Congress that they were seeing an ‘‘evolv- stop IEDs from killing U.S. troops. cember 2003. In an e-mail to colleagues and In one of its PowerPoint presentations, ing’’ threat from underbelly blasts. They supervisors, Lang said ‘‘a number could be JIEDDO made its priorities clear. First, pre- said at the time that armored Humvees resent to Iraq ‘‘as quickly as, or even more vent IEDs from being planted by attacking mained their best defense. quickly than, additional armored Humvees.’’ the insurgency. Then, if a device is planted, THE CONGRESSMAN: MRAP’S ‘‘SIMPLE’’ He called it ‘‘frustrating to see the pictures prevent it from exploding. ‘‘When all Else ADVANTAGE of burning Humvees while knowing that Fails,’’ reads another slide, ‘‘Survive the Just after lunch on June 27, 2004, a group of there are other vehicles out there that would blast.’’ That put solutions such as the MRAP enlisted men parked a handful of armored provide more protection.’’ into the category of last resorts. vehicles near a cinderblock building at Ma- April 30, 2004: Another Pentagon analyst, JIEDDO did spend its own money for 122 rine headquarters in Fallujah, Iraq. Air Force Lt. Col. Bob Harris, forwarded de- MRAPs, but it primarily focused on elec- The day had turned sweltering, like every tails about MRAP options to a member of tronic jammers to prevent bombs from being summer afternoon in central Iraq. But this the IED task force. The list included a vari- remotely detonated, unmanned surveillance day was special. A congressional delegation ety of MRAPs, among them the Wer’Wolf aircraft to catch insurgents putting bombs had arrived, and among the dignitaries was and Force Protection’s Cougar. ‘‘There was along roads and better intelligence on who Rep. Duncan Hunter, then the chairman of no great clarity as to why they didn’t pursue was building and planting bombs. the House Armed Services Committee. these options,’’ Harris says. ‘‘I saw it as my The agency has claimed some successes. Hunter wasn’t just a powerful congressman. job to educate.’’ Harris is now an acquisition Insurgents in 2007 had to plant six times as He was a Vietnam War veteran, and his son, officer at Hanscom Air Force Base in Massa- many bombs as they did in 2004 to inflict the then a 27-year-old Marine lieutenant also chusetts. same number of U.S. casualties, Meigs said named Duncan, was stationed at the base. Hunter says the advantages the MRAP had in an interview. More important to most of the Marines, on the Humvee were clear. ‘‘It’s a simple for- But the insurgents—Sunnis loyal to the de- the California Republican had been instru- mula,’’ Hunter says. ‘‘A vehicle that’s 1 foot posed leader Saddam Hussein, Shiites who mental in pushing the Pentagon to get bet- off the ground gets 16 times that (blast) im- hated the U.S. occupiers and foreigners ter armor for them. Humvees with cloth pact that you get in a vehicle that’s 4 feet off aligned with al-Qaeda—often managed to doors—canvas, like the crusher hat that the ground,’’ like the MRAP. stay one step ahead of JIEDDO. They Hunter wore that day—had been standard Although Hunter favored adding armor to changed the kind of explosives they planted issue when the war began. The fabric worked Humvees, he now calls the military’s devo- and varied the locations of the devices and well to shield the sun; it offered no protection to that approach a costly mistake. ‘‘It’s the way they detonated them. tion against explosives. true that they saved more lives by moving

VerDate Aug 31 2005 07:37 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.091 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9605 first on up-armoring the Humvees,’’ he says. feld about the lack of armor on military ve- ‘‘Currently, our underprotected vehicles ‘‘The flaw is that they did nothing on hicles. Rumsfeld explained the situation this result in casualties that are politically un- MRAPs. The up-armoring of Humvees didn’t way: ‘‘You go to war with the Army you tenable and militarily unnecessary,’’ his have to be an exclusive operation.’’ have. They’re not the Army you might want paper read. ‘‘Failure to build a MRAP vehi- Holder dismisses the idea that the Pen- or wish to have at a later time.’’ cle fleet produces a deteriorating cascade of tagon could have moved on a dual track: ar- The concerns troops voiced at the meeting effects that will substantially increase’’ moring Humvees while ordering up MRAPs. might have had an impact. Within a week, risks for the military while ‘‘rendering it He doubts Congress would have funded both the Marine Corps Systems Command in tactically immobile.’’ Mines and IEDs will at the time. But that’s exactly what Con- Quantico posted its first notice seeking in- force U.S. troops off the roads, he wrote, and gress is doing now—buying both vehicles. formation on MRAPs from potential contrac- keep them from aggressively attacking in- ‘‘We probably should’ve had the foresight’’ tors. surgents. to start buying MRAPs earlier, says Ware, Back in Fallujah, the desire for the Cougar The words were strong and the conclusions the Joint Chiefs aide (now retired) who had grown. By February 2005, the Marines were damning. Rhodesia, a nation with noth- passed the information to superiors and were formally asking for more. Field coming near the resources of the U.S. military, counterparts in the Army and Marines. But manders sent their first large-scale request had built MRAPs more than a quarter-cen- ‘‘we just couldn’t get them there fast for MRAPs, seeking 1,169 vehicles with speci- tury earlier that remained ‘‘more survivable enough.’’ Adding armor to the Humvee, Ware fications that closely mirrored those of the than any comparable vehicle produced by the says, ‘‘was better than nothing.’’ Cougar. They no longer envisioned the vehi- U.S. today,’’ McGriff wrote. THE LIEUTENANT COLONEL: ‘‘HOPE NO ONE GETS cle as limited to explosives-disposal teams; Despite his views then, McGriff, now a WASTED’’ they wanted MRAPs for combat troops, too. lieutenant colonel, says he understands the A PowerPoint presentation, dated Aug. 25, Roy McGriff III, then a major, drafted the delays. MRAPs needed to be tested to ensure 2004, shows wounded troops lying in hospital request signed by Brig. Gen. Hejlik. ‘‘MRAP they could perform in combat. ‘‘Nothing hap- beds. Most are bandaged. One is bloody. His vehicles will protect Marines, reduce casual- pens fast enough when people are fighting left eye is barely open, his injured right is ties, increase mobility and enhance mission and dying,’’ he says today. ‘‘But amidst the covered by a patch. Each was maimed by an success,’’ the request read. ‘‘Without MRAP, chaos, you still have to make the right IED. Each, save one, was in a Humvee. personnel loss rates are likely to continue at choices. In the end, I think the Marines got On another slide: ‘‘Numerous vehicles on their current rate.’’ In spring 2005, he would the MRAP capability as quickly and safely the market provide far superior ballistic pro- have a chance to argue his case before top as possible.’’ tection’’ than the Humvee, wrote then-lieu- generals. Others disagree. tenant colonel Jim Hampton, the man who THE MARINE MAJOR: ‘‘UNNECESSARY’’ Marine major Franz Gayl, now retired, was prepared the presentation for the operations CASUALTIES science adviser to the 1st Marine Expedi- staff of the U.S. Army Corps of Engineers in tionary Force in Iraq. He saw how Marines They convened March 29–30, 2005, at the Baghdad. were still being killed or maimed in Anbar in Marine Corps Air Station in Miramar, Calif. Safety is a passion for Hampton. He’s so the fall of 2006. If the Marine Corps had de- The occasion: a safety board meeting, a reg- concerned with security that he asks his cided MRAPs were a top priority, he says, it ular gathering to address safety issues across wife, Kate, to take her pistol when she goes could and should have pursued them with the the Corps. In attendance: five three-star gen- for walks on their 80 acres in rural Mis- same urgency the Pentagon is now showing. erals, four two-stars, seven one-stars and sissippi. When he got to Iraq in early 2004, he ‘‘The ramp-up of industry capacity was de- McGriff. was tasked with looking at armor options to layed by over 11⁄2 years,’’ Gayl says, ‘‘until it McGriff knew the MRAP’s history and the protect the Corps of Engineers, the agency became the dire emergency that it is today.’’ Pentagon’s reluctance to invest in the vehi- sent to help with rebuilding efforts. For Bureaucrats didn’t want the MRAP sooner cle. He had learned about the vehicle from a weeks, he studied armor options. His conclu- ‘‘because it would compete against’’ armored fellow Marine, Wayne Sinclair. Sinclair, sion: The corps should get MRAPs to protect Humvees and ‘‘many other favored pro- then a captain, wrote in the July 1996 issue its people, specifically Wer’Wolves. Hampton grams’’ for funding, Gayl says. Gayl, who of the Marine Corps Gazette that ‘‘an afford- says he asked for 53 Wer’Wolves. The corps works as a civilian for the Marines at the able answer to the land mine was developed got four. Pentagon, has filed for federal whistleblower over 20 years ago. It’s time that Marines at Hampton couldn’t have been more opposed protection because he fears retaliation for the sharp end shared in . . . this discovery.’’ to up-armoring the Humvees and warned his speaking out about the failure to get MRAPs Addressing the generals, McGriff rec- superiors. He even e-mailed his wife from sooner. Iraq. ‘‘Hey Babe,’’ his e-mail read. ‘‘Just a ommended analyzing every incident involv- DEFENSE SECRETARY GATES: ‘‘LIVES ARE AT little aggravated with the bureaucracy. It is ing Marine vehicles the same way investiga- STAKE’’ simply beyond my comprehension why we’re tors probe aircraft crashes. Look at the vehi- having to go through such (an ordeal) to cle for flaws, McGriff recalls telling the offi- After McGriff addressed the generals in order confounded hard vehicles. I sure hope cers, and examine the tactics used to defeat March 2005, another 15 months passed. Then no one gets wasted before the powers-that-be it. the Marines in Iraq reiterated the request for get off their collective fat asses.’’ Lt. Gen. Wallace Gregson, commander of MRAPs. This time they sent the request di- Finally, he wrote his congressman, Rep. Marine Corps Forces in the Pacific, and Lt. rectly to the Joint Chiefs. This time they Chip Pickering, R-Miss., urging him to inves- Gen. James Mattis, leader of the Marine were successful. tigate deaths involving the Humvee. ‘‘We Combat Development Command, listened In December 2006, after insurgent bombs would never consider sending troops’’ in and then conferred for a moment. had killed almost 1,200 U.S. troops in Iraq, Humvees ‘‘up against armor or artillery,’’ The room grew quiet. ‘‘Then they said, the Joint Chiefs validated requests from Iraq Hampton wrote, ‘‘but this is tantamount to ‘OK, what do you want to do?’’’ McGriff re- for 4,060 MRAPs, and the formal MRAP pro- what we’re doing because these vehicles are members. gram was launched. being engaged with the very ordnance deliv- He recited the very plan that the Pen- By March 2007, Marine Corps Commandant ered by artillery in the form of improvised tagon, under a new Defense secretary, would James Conway called the vehicle his ‘‘No. 1 explosive devices.’’ embrace in 2007: ‘‘A phased transition. Con- unfilled warfighting requirement.’’ By November 2004, Pentagon analyst Lang tinue to armor Humvees. At the same time, In part, that’s because he saw it save lives had grown discouraged, an e-mail shows. ‘‘I as quickly and as expeditiously as possible, in Anbar province. Brig. Gen. John Allen, have found that you can never put the word purchase as many MRAPs as possible. Phase deputy commander of coalition forces there, out too many times,’’ he wrote on Nov. 17. ‘‘I out Humvees.’’ says the Marines tracked attacks on MRAPs send it on to (the Secretary of Defense’s of- According to McGriff, the room again grew since January 2006. The finding: Marines in fice), Army and (Marine Corps) contacts I silent. Then, Mattis finally spoke: ‘‘That’s armored Humvees are twice as likely to be have. Some of it is getting to the rapid field- exactly what we’re going to do.’’ Mattis’ badly wounded in an IED attack as those in ing folks and force protection folks that are words failed to translate into action. The ur- MRAPs. looking at Iraq issues. I do not see much ac- gent-need request McGriff drafted went Perhaps more convincing: No Marines have tion.’’ unfulfilled at Marine headquarters in been killed in more than 300 attacks on Lang closed the message with a variation Quantico. A June 10, 2005, status report on MRAPs there. on his earlier plea: ‘‘For the life of me, I can- the request indicated the Marine Corps was The news, revealed in USA TODAY on not figure out why we have not taken better holding out for a ‘‘future vehicle,’’ presum- April 19, drew the attention of Defense Sec- advantage of the sources of such vehicles,’’ ably the Joint Light Tactical Vehicle—more retary Gates, four months into his job at the he wrote. ‘‘We should be buying 200, not 2, at mobile than the MRAP, more protective Pentagon. He was traveling in Iraq and read a time. These things work, they save lives than the Humvee, and due in 2012. In prac- about the MRAP’s success in the Pentagon’s and they don’t cost much, if any, more than tical terms, that meant no MRAPs imme- daily news roundup. Weeks later, at a news what we are using now.’’ At the time, a basic diately. conference, Gates said the Pentagon would Wer’Wolf cost about the same as a factory- McGriff foresaw some of the turmoil over rush MRAPs to Iraq ‘‘as best we can.’’ made armored Humvee: around $200,000. vehicles in a prophetic 2003 paper for the Late last month, top Pentagon officials ap- In December 2004, at a town hall meeting School for Advanced Warfighting in proved an Army strategy for buying as many with troops in Kuwait, a soldier asked Rums- Quantico. as 17,700 MRAPs, allowing a one-for-one swap

VerDate Aug 31 2005 06:57 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.093 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9606 CONGRESSIONAL RECORD — SENATE July 19, 2007 for its armored Humvees. About 5,200 MRAPs hit and walk away,’’ Miller says. ‘‘They’re inability or unwillingness to recognize had been approved for the other services. awesome, awesome vehicles.’’ this reality is diminishing our inter- Now, Pentagon officials decline to say ex- THE WIDOW: ‘‘THEY SHOULD’VE DONE IT’’ national credibility, straining our rela- actly how many MRAPs they need. SOONER tions with many foreign governments, One official says they’ll build MRAPs as Whom or what is to blame for the delay in and causing us to neglect weak and un- fast as possible, then recalibrate the mili- getting safer vehicles for the 158,000 U.S. tary’s needs as they assess operations in stable regions that could pose threats troops in Iraq? to our national security. Iraq, a tacit acknowledgment that they may Jim Hampton, now a retired colonel, ques- need fewer MRAPs as U.S. troops are with- tions why the Pentagon and Congress didn’t The administration’s single-minded drawn. do more to keep the troops safe. ‘‘I have col- focus on Iraq is preventing us from ade- During another news conference late last leagues who say people need to go to jail quately confronting threats of extre- month, Gates worried that the companies over this, and in my mind they do,’’ Hamp- mism and terrorism around the globe. building the MRAP—not only Force Protec- ton says. The declassified NIE released just yes- tion but BAE Systems, General Dynamics, Hunter, now running for president, blames terday confirms that al-Qaida remains Oshkosh Truck, Armor Holdings, Inter- the Pentagon bureaucracy, which he says national Military and Government and Pro- the most serious threat to the United ‘‘doesn’t move fast enough to meet the needs States and that key elements of that tected Vehicles—won’t be able to get the ve- of the war fighter. We have a system in hicles to Iraq fast enough. which the warfighting requirements are re- threat have been regenerated or even ‘‘I didn’t think that was acceptable,’’ quested from the field and the acquisition enhanced. The administration’s poli- Gates said. ‘‘Lives are at stake.’’ people say, ‘We’ll get it on our schedule.’’’ cies in Iraq have also resulted in the THE YOUNG LIEUTENANT: ‘‘SAFEST VEHICLE Other members of Congress blame Rums- emergence of an al-Qaida affiliate that EVER’’ feld and his vision of transforming the mili- did not exist before the war—al-Qaida As the sun egan to bake the Iraqi country- tary into a leaner, faster fighting force. in Iraq, or AQI. According to the NIE, side last month, Marine 2nd Lt. George Rep. John Murtha, D–Pa., wonders if al-Qaida’s association with this group Saenz headed back to his base on the out- Rumsfeld’s forceful personality silenced some of the generals. ‘‘Rumsfeld so intimi- helps it raise resources and recruit and skirts in Fallujah. He felt oddly joyful. indoctrinate operatives, including for Saenz had just spent hours leading his pla- dated the military that I’ve lost confidence toon through one of the most excruciating in them telling us what they really need’’ in attacks against the United States. battlefield jobs—inching a convoy along the Iraq, Murtha says. Yet, while this report is further proof crumbling streets of Fallujah, searching for ‘‘They all knew the Rumsfeld rule: Your that the war in Iraq is a distraction homemade bombs planted in the asphalt or career is over if you say anything contrary’’ from our core goal of fighting those dirt. to his policies, Murtha says. ‘‘It’s much bet- who attacked us on 9/11, this adminis- The night before had proved dangerous. ter now that Rumsfeld is gone. The military tration and its supporters are still call- Two bombs had blown up underneath Saenz’s is being much more honest.’’ ing Iraq the ‘‘central front in the war If the Pentagon ‘‘had just listened to the convoy, including one beneath his vehicle. on terror,’’ even though al-Qaida is a As Saenz turned through the gray blast guys in the field’’ who wanted MRAPs, Mur- walls protecting the base, he says he tha says, ‘‘we’d have them in Iraq right global threat and AQI is one of a num- couldn’t help but think: If I had been riding now.’’ ber of actors responsible for violence in a Humvee, I wouldn’t be here right now. USA TODAY could not determine what Iraq’s self-sustaining sectarian con- Saenz knew why he was alive. His platoon role, if any, Rumsfeld played in MRAP delib- flict. in the 6th Marine Regiment Combat Team erations. A spokesman for Rumsfeld, now While our attention has been di- had replaced its Humvees with MRAPs. The running a foundation in Washington, said verted and our resources squandered in two blasts produced just one injury, a Ma- last week that the former Defense secretary Iraq, al-Quaida has protected its safe rine whose concussion put him on light duty would not comment. Aaron Kincaid’s widow, Rachel, doesn’t haven in Pakistan and has increased for a week. cooperation with regional terrorist ‘‘We’re probably in the safest vehicle ever know who should be held accountable. She is designed for military use,’’ Saenz says, re- haunted by whether getting MRAPs to Iraq groups. The sooner we redeploy from calling his platoon’s record: Three months. earlier might have saved her husband’s life. Iraq, the sooner we can refocus our ef- Eleven bomb attacks. No one dead. The bomb that blew apart his Humvee lay forts and develop a wide-ranging, inclu- MRAPs have become legendary in Anbar along the path he and his unit took, and no sive strategy that would deny al-Qaida since Marines began using them on dan- one noticed. these advantages. gerous missions clearing roadside bombs. Today, she wonders: Was his death really I remind my colleagues that last No- Tank commanders, radio operators and oth- about the path that he took, or about the path the Pentagon spent years avoiding, the vember, our constituents spoke out ers drop by Saenz’s platoon every day to do against this war in every way they pos- what Rep. Hunter had done three years ear- path that, in May, finally led them to the ve- lier—inspect the small fleet of MRAPs, hicle that might have saved her husband’s sibly could. And as the situation con- knock on the armor, sometimes crawl inside. life? tinues to deteriorate, they have re- Scores of MRAPs are scheduled to arrive in You think there is always something that peated their call—they were outside Anbar this summer. That means they’ll be could’ve been done to prevent it,’’ Rachel this building last night holding a can- available for the first time to the Marines Kincaid says of her husband’s death. dlelight vigil, and in States around the ‘‘If that’s been around for that many for tasks other than clearing IEDs, says Ma- Nation, to show their support for end- rine Col. Mike Rudolph, logistics officer for years,’’ she says of the MRAP, ‘‘why hasn’t it been used? They should’ve done it at the ing this war and to tell President Bush U.S. forces in western Iraq. No one has de- and Senate Republicans to ‘‘stop ob- cided how MRAPs will be used, but ‘‘every- beginning of the war. They should’ve done it body wants one,’’ Rudolph says. three years ago, four years ago.’’ structing an end to the war.’’ I know To be sure, the vehicle isn’t perfect. f my colleagues heard their voices last November, and I am hopeful they heard Saenz’s team warns that MRAPs drive like IRAQ trucks, plodding and heavy. Some models are them last night. It almost goes without so bulky they have blind spots for troops Ms. FEINGOLD. Madam President, as saying that they hear them every time peering over the boxy hood and so noisy a I said late last week, it has been 52 they return home as well. driver has to shout at someone 2 feet away. months since military operations But, just like last week and the week ‘‘They’re just so heavy,’’ Sgt. Randall Mil- began in Iraq. Approximately 3,613 before that, at the other end of Penn- ler says. ‘‘These are virtually designed off a Americans have died and 25,000 have semi-truck platform.’’ sylvania Avenue, these pervasive calls After substantial testing, the military also been wounded. More than 4 million are ignored as the President continues has concluded that MRAPs are vulnerable to Iraqis have fled their homes, and tens to make it clear that nothing not the explosively formed projectiles, the newest of thousands, at a minimum, have been voices of his citizens, not the advice of and most devastating variation of the IED. killed. We have now been engaged in military and foreign policy experts, not More armor has been developed for the the war in Iraq longer than we were in the concerns of members from his own MRAPs the Pentagon ordered this spring. World War II. party—will discourage him from pur- Miller isn’t complaining. On his first tour With the surge well underway, vio- suing an indefinite and misguided war. in Iraq in 2004–05, Miller searched for land lence in Iraq has reached unprece- We can’t put all the blame on the mines in a Humvee. His detection technique was simple: ‘‘Go real slow, cross your fin- dented levels and American troop fa- White House, however. An over- gers.’’ He still drives slowly but feels safer talities are up 70 percent. From all an- whelming majority of Congress author- knowing the MRAP’s V-shaped hull will de- gles, the situation in Iraq is an abso- ized this misguided war, and now a far flect a bomb blast. ‘‘I’ve seen our guys get lute disaster, and the administration’s smaller but still determined minority

VerDate Aug 31 2005 07:58 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.096 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9607 is allowing this war to continue, de- the global threat posed by al-Qaida and distribution of power has long since spite the wishes of the American peo- its affiliates. The fight against ter- moved out of the Parliament building ple, despite the fact that our military rorism is not conventional and requires and onto the streets? How many more is overstretched, and despite the fact better intelligence, better cooperation brave young Americans will lose a limb that our presence in Iraq has been, ac- with friends and allies, stronger re- or be killed while we tell ourselves that cording to our own State Department, gional institutions, and more com- another couple months will turn ‘‘used as a rallying cry for prehensive policies designed to reverse around 4 years of failed policies? When radicalization and extremist activity the conditions that might lead to the are my colleagues on the other side in neighboring countries...’’ creation of safe havens. We must pre- willing to say that enough is enough? It is up to Congress to act because vent these safe havens from being es- It has been a long night, and we have the President will not. It us up to us to tablished, including by working to set- had some heated exchanges. It appears listen to the American people, to save tle regional conflicts and ensuring ade- that a minority of the Senate is pre- American lives, and to ensure our Na- quate provision of economic and devel- pared to prevent a majority of the Sen- tion’s security by redeploying our opment assistance so local populations ate—and the country—from doing what troops from Iraq. We have that power can reject terrorist organizations. We is long overdue: putting an end to a and responsibility and we must act need regional strategies that address war without end. This is not the first now. the capabilities and policies of all af- time that a minority has prevented a That is why I support the amendment fected countries, both bilateral and majority from acting in this body. In- offered by Senators LEVIN and JACK multilateral. We must expand our as- deed, I have been on the other side of a REED—an amendment with binding sistance while ensuring that corruption few of those fights. But this is not a deadlines for both beginning and end- and threats to human rights and polit- question of senatorial prerogatives. I ing redeployment and the only amend- ical liberties do not undermine these am not questioning the right of Sen- ment we are likely to consider that efforts. ators to prevent a vote on the Levin- would take a strong step toward bring- By redeploying our troops from Iraq, Jack Reed amendment. I am, however, ing our involvement in this war to a we can refocus on developing these questioning the wisdom of such a close. vital strategies. And by freeing up stra- move, of allowing this terrible mistake The Levin-Jack Reed amendment is tegic and technical capacity, we can to continue for days, weeks, months. not as strong as I would have liked, but better address other priorities that I will continue working to bring this it does require the President to bring have not received adequate attention, war to a close. As long as so many of home our troops, starting in 120 days. I such as the Israeli-Palestinian conflict my colleagues refuse to listen to the am encouraged that this amendment is and Somalia. We can provide real American people, to acknowledge that bipartisan, and while I wish it had the international leadership to combat this war is hurting our country and support of the entire Senate, the sup- other pressing enemies such as endemic making our Nation more vulnerable, port of Senators SMITH, HAGEL, and poverty, HIV/AIDS, and corruption—all we will have more debates and more SNOW is nonetheless an important de- of which can contribute to the kinds of votes. Sooner or later, we will end this velopment. instability where extremists thrive. war. And the sooner we do so, the soon- I call on other Republicans to follow These global battles can’t be won if the their lead; there is no time to waste. It er we can start redeploying our service- war in Iraq continues to dominate our is not enough to pass something that members from Iraq’s civil war and re- foreign policy and indefinitely drain sounds good but doesn’t move us to- focusing on a global campaign against vital security resources. ward ending the war. Weak, feel-good a ruthless, determined enemy whose As I have said before and as I will un- reach extends far beyond Iraq. amendments may give people up here doubtedly say again, the administra- f political comfort but that comfort tion’s policies in Iraq are an unmiti- won’t last long we can fool ourselves, gated disaster. But we can mitigate REMEMBERING LADY BIRD but we can’t fool the American people. this disaster, lessen the massive burden JOHNSON It is a tragic truth that the war in imposed on our troops, regain our Iraq has become the defining aspect of Mr. BIDEN. Madam President, so credibility with the international com- our engagement in this part of the much has been said about the various world. Coupled with this administra- munity, and make our Nation more se- parts of Lady Bird Johnson’s life, as tion’s inconsistent efforts to promote cure. We can and must do that by rede- one of our most beloved First Ladies, democracy and the rule of law over- ploying our troops from Iraq. Repairing as a loving mother and grandmother, seas, the war has alienated and angered the damage that has been done to our as the mother of the conservation those whose support and cooperation national security will be difficult and movement, and as a skilled business- we need if we are to prevail against al- time-consuming, and we can start woman. But there is another aspect all Qaida and its allies. today by passing the Levin-Jack Reed of us in this body appreciate, and that As long as the President’s policies amendment. is her mark on this Chamber. continue, Iraq will continue to be what There is no reason to wait any Before the Johnsons left Washington the 2006 declassified National Intel- longer. Members of this body have in January 1969, they came to the Cap- ligence Estimate called a ‘‘cause cele- claimed that in September we will itol to say farewell. And the ever gra- bre’’ for a new generation of terrorists. have a clearer sense of whether the cious Lady Bird Johnson, who had Meanwhile, al-Qaida has expanded its ‘‘surge’’ has succeeded and whether our watched her husband serve as a Sen- relations with dangerous regional ter- policy needs to change. But we already ator and a majority leader, said: rorist groups. know what that report will tell us. We When we say goodbye to Washington, the The newest National Intelligence Es- have heard it from foreign policy and address of 1600 Pennsylvania Avenue was a timate indicates that we may now be military experts and could even read it small span of time for us in comparison to facing the worst-case scenario in that with our own eyes in the Pentagon’s the years that we spent closely affiliated our indefinite military presence in Iraq first quarterly surge report or the with this building. has both allowed al-Qaida to reconsti- White House’s Benchmark Assessment She knew how to use this building. tute itself while it has also served as a Report, which was released last week. She was the first First Lady to ever un- recruitment tool for a growing and The surge was intended to create a dertake a major legislative effort—the scattered global network of al-Qaida ‘‘window’’ for political progress, but Highway Beautification Act of 1965. affiliates. It is becoming increasing dif- significant political progress is still Four decades later, her efforts still ficult for this administration to argue, nowhere to be seen. We already know bloom on our highways in every region as it continues to do, that our presence there is no military solution to Iraq’s of this country, and in this city. in Iraq is doing anything but pro- problems, so now the question is how She did what each of us, and all of us foundly undermining our national se- long are we prepared to wait? How long combined, come here to do—leave curity. are we prepared to have our young men America better than we found it. Her Instead, we should be directing our and women police a civil war where the achievement is all the more remark- attention and resources to combating struggle over national identity and the able because it was a trying period in

VerDate Aug 31 2005 07:58 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.058 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9608 CONGRESSIONAL RECORD — SENATE July 19, 2007 our Nation’s history. A President had from the crowd in Baltimore, was ful honor of being inducted into the been assassinated, we were divided by something I will always remember. The Baseball Hall of Fame. Vietnam, there were riots in our cities sustained cheers were neverending as While he has already achieved so over desegregation. Cal, urged by Rafael Palmeiro, took a much, I can’t help but think that the But she understood nature belongs to lap around the field. It was a proud best is yet to come. every single one of us, and we have an night for the Ripken family, for the f obligation to pay nature back. As Orioles, and for Maryland. It was such CONGRATULATING TONY GWYNN President Johnson said, when he signed a magical night. Families from all over the law: came with their kids to celebrate the Mrs. BOXER. Madam President, I ask There is a part of America which was here ‘‘Iron Man’’ and his achievement. The my colleagues to join me in congratu- long before we arrived, and will be here, if we evening had as much dignity as the lating Tony Gwynn on his induction preserve it, long after we depart. player himself. into the National Baseball Hall of As Mrs. Johnson departs, we thank Cal’s accomplishments transcend Fame on July 29, 2007. During an illus- her for her preservation. We thank her well beyond the baseball field. His trious 20-year career spent entirely for lining every corner of the country character and demeanor is reflected in with the San Diego Padres, Tony with flowers that we all enjoy. the success he experiences every day Gwynn was a consummate sportsman And we thank her for teaching us off the field. He shows up and gives whose excellence at the plate earned that preservation and beauty go be- maximum effort in every aspect of life. him the recognition as one of the yond the wildflowers, to the need to He puts his family above all, he is a greatest hitters in the game’s long and deal with pollution and urban decay consummate community activist and is storied history. A native Californian, Tony Gwynn and other problems that are too preva- committed to living and teaching the was a standout student-athlete at San lent in our country and world today. ‘‘Ripken Way.’’ Diego State University, where he ex- Jill and I are thinking of her daugh- The ‘‘Ripken Way’’ is simple, really, celled on the school’s baseball and bas- ters, Lynda and Luci, their families— but its wisdom is enough to build great ketball teams. Tony remains the only and, in particular, Senator Robb, who players and bind generations together. athlete in Western Athletic Conference served this body so well. It states: ‘‘Keep it Simple, Explain the history to be recognized as an all-con- Why, Celebrate the Individual, and f ference performer in two sports. His Make it Fun.’’ This style emphasizes talents on the baseball diamond and CONGRATULATING CAL RIPKEN, clarity and simplicity, while also the basketball court would lead to his JR. stressing empathy and interest. selection by the San Diego Padres and Ms. MIKULSKI. Madam President, I have certainly used the ‘‘Ripken the National Basketball Association’s today I honor and congratulate Cal Way’’ in my life and I believe many San Diego Clippers on the same day in Ripken, Jr., on his induction to the Marylanders and Americans also use it. Baseball Hall of Fame. Throughout his 1981. In Maryland, I can tell you the Tony Gwynn made his major league storied 21-year career, Cal has been the ‘‘Ripken Way’’ is not just on our ball- debut on July 19, 1982. Over the course epitome of an ‘‘Iron Man,’’ both on and fields. It is in our factories. It is in our of the next 20 years, he would compile off the field. homes. It is in the bread we serve our one of the most accomplished resumes I watched Cal go from being unknown families. It is in our hospitals in Balti- in baseball history. A remarkable to being the best known baseball play- more, where Cal has contributed so model of consistency, Tony batted over er from Baltimore since Babe Ruth. I much to children in need of hope and a .300 for 19 consecutive seasons, leading was there on the last day at Memorial smile. And it is in our hearts today as to 3,141 career hits. A 15-time All-Star, Stadium and the first day at Camden we salute Cal Ripken, Jr., and this he won 8 batting titles during his ca- Yards, and I will watch him when he is wonderful honor he is receiving. reer, tying the National League record inducted into the Baseball Hall of Cal applies the ‘‘Ripken Way’’ both held by Honus Wagner. He is the only Fame on July 29. on and off the ballfield, particularly in player in major league history to win For we Orioles fans, it was never if his philanthropic work at the Cal four batting titles in two separate dec- we would be celebrating such an amaz- Ripken Sr. Foundation. The Cal ades. A true all-around player, Tony ing feat but when we would be cele- Ripken Sr. Foundation was established also won five Gold Glove Awards in rec- brating it. All baseball fans know in 2001 in memory of Cal’s father. To ognition of his defensive excellence in about ‘‘The Streak.’’ We fans remem- this day, Cal carries the torch and leg- the outfield. ber the victory lap he took around acy of his father. It is a legacy that has In addition to his accomplishments Camden Yards. And the countdown— shaped Cal’s life and a legacy that has on the field, Tony Gwynn has also been where the numbers were displayed not shaped the entire Orioles’ organization. widely recognized for his passion and just at the Camden Warehouse or in By emphasizing work ethic, playing commitment to make a positive im- the Baltimore Sun but also at my of- by the rules, putting the team first, pact in the community. In 1995, he was fice in Hart Senate Office building: and showing up every day, the Cal presented the Branch Rickey Award as 2,632 consecutive games, 431 home runs, Ripken Sr. Foundation serves dis- the top community activist in Major 19 All-Star game starts, two American advantaged youth across the country. League Baseball. He received the pres- League Golden Glove awards, eight Sil- The foundation has even built a beau- tigious Roberto Clemente Man of the ver Slugger Awards, two American tiful state-of-the-art stadium in Aber- Year Award in 1999 for combining League MVPs, and on and on. deen, MD, where kids can play. Cal has sportsmanship and community service But the most important thing we re- put much of his own money into the with excellence on the field. That same member, which the numbers cannot foundation and the stadium’s construc- year, he was inducted into the World fully reflect, is the strong, dependable tion, while also working to secure pri- Sports Humanitarian Hall of Fame in presence of Cal—night after night, day vate donations. Boise, ID. after day—through broken bones, Cal may be a local boy, but he is no Affectionately known as ‘‘Mr. through the wide range of emotions ordinary man. There is no question Padre,’’ the Padres retired his No. 19 and pressures he experienced as a that Cal has earned his way into the jersey and named the street on which major leaguer, as a father, and as an Hall of Fame, the respect of the world, its beautiful downtown stadium is lo- active citizen in our community. Every and the admiration of generations to cated ‘‘Tony Gwynn Drive’’ in his game there he was—at third base and come. honor. Judging from his excellence on shortstop, smiling, and doing his job. Baltimore may have lost the power- and off the field, it is clear to see why And doing it well. house company Bethlehem Steel, but it Tony Gwynn is one of the most ad- I remember that fateful night when will always be home to ‘‘Iron Man’’ Cal mired and beloved sports figures in Cal broke Lou Gehrig’s long-standing Ripken, Jr. I congratulate Cal on his America. consecutive game record. To see that stellar career, his strong work ethic, As his teammates and fans would at- banner drop from 2130 to 2131, and to his commitment to family and commu- test, Tony Gwynn is a deserving in- hear the admiration and jubilation nity, and for the well-deserved, wonder- ductee into the National Baseball Hall

VerDate Aug 31 2005 07:58 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.055 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9609 of Fame. Throughout his career in of Mrs. Sterling’s tenure on the Fresno 9/11 Compensation Fund process, she baseball, Tony has consistently con- City Council is still being felt today. has helped to draft the September 11 ducted himself with integrity, char- Mrs. Sterling’s example has inspired Family Humanitarian Relief and Patri- acter, and a commitment to commu- succeeding generations of Fresno resi- otism Act, S. 615, which I introduced nity service, all the qualities that em- dents to become involved in commu- with Senator LAUTENBERG on February body the best ideals of our national nity service regardless of their race, 15, 2007. This legislation would help im- pastime. creed, or color. In a fitting testament migrants whose family members were I congratulate Tony Gwynn on his in- to her legacy, Cynthia Sterling, Elma killed in the attacks heal from the duction in the National Baseball Hall Phyllis Sterling’s daughter, became tragedy as our Nation continues to do of Fame and wish him continued suc- the first African-American woman to the same. cess in his future endeavors. be elected to the Fresno City Council Our tradition teaches us to have f in 2002. compassion for the widow, the orphan, Throughout a rich and fulfilling life, ADDITIONAL STATEMENTS and the stranger among us. Ms. Stein- Elma Phyllis Sterling gave her genuine berg’s action representing the families compassion and precious humanity to of immigrant victims of 9/11 exempli- IN MEMORIAM: ELMA PHYLLIS protect, uplift, and empower those who fies such compassion. STERLING are most often neglected in our soci- We have much to learn from Debra ety. Mrs. Sterling has left behind a leg- ∑ Steinberg, and I am proud to honor her Mrs. BOXER. Madam President, I ask acy of service and the admiration of my colleagues to join me in honoring achievements before my colleagues in those whose lives she touched over the the Senate.∑ the memory of the late Elma Phyllis years. She will be sorely missed.∑ Sterling, a devoted mother and pioneering community leader in Fresno. f f Mrs. Sterling, a long-time Fresno resi- RECOGNIZING DEBRA BROWN dent, passed away on July 4, 2007. She STEINBERG 125TH ANNIVERSARY OF was 94 years old. ∑ Mr. BROWNBACK. Madam President, STERLING, NORTH DAKOTA Elma Phyllis Sterling was born on I wish to recognize Debra Brown Stein- ∑ Mr. CONRAD. Madam President, I November 22, 1914. She attended high berg for receiving an Ellis Island Medal am pleased today to recognize a com- school and college in New Orleans. of Honor from the National Ethnic Co- munity in North Dakota that cele- Upon her graduation from Xavier Uni- alition of Organizations. This award brated its 125th anniversary. On July 13 versity, Mrs. Sterling served as a acknowledges her work representing to 15, the residents of Sterling gathered schoolteacher in Louisiana before mov- immigrants whose family members to celebrate their community’s history ing to Oakland, CA, in 1944. Three died in the September 11, 2001, terrorist and founding. years later, she married her husband, attacks on the World Trade Center in Feltus LeRoy Sterling, Jr. The couple Sterling is a community in central New York City. As a recipient of the North Dakota, only a short drive from eventually moved to Fresno, where award, Debra joins an elite group of they founded a successful funeral home Bismarck, the State capital. Sterling distinguished Medal of Honor recipi- began as a railroad depot named Six- that remains family-operated today. ents such as Lee Iacocca, former Chrys- They raised four children, Consuelo teenth Siding in 1873 and became home ler CEO and author of ‘‘Where Have all to settlers in 1880, who renamed it Sterling-Meux, Cynthia Sterling, the Leaders Gone?’’, as well as several Feltus Leroy Sterling, Jr., and Al- Ballville. In 1882, the post office was es- former U.S. Presidents including Ger- tablished with Oscar Ball serving as its phonse Christopher Sterling. ald Ford, George H.W. Bush, and Bill In addition to operating a family- postmaster, and the town then was re- Clinton. named Sterling. owned business and raising their chil- Ms. Steinberg, moved with compas- dren, Mrs. Sterling generously offered sion, responded to the attacks by play- Sterling has always been a quiet, her time, considerable energy, and ing a vital leadership role in creating small town, maintaining a population many talents to a number of civic or- the New York Lawyers for the Public of fewer than 250 people since its found- ganizations. At one time, she was in- Interest 9/11 Project in early October ing. It has nonetheless been home to volved with 15 different civic causes 2001. She also played an important role many notable establishments over the that were committed to make her com- in the creation of the 9/11 Victims Com- past 125 years—the bank and hotel munity a better place for everyone. pensation Fund, which awarded a total buildings still stand as a testament to A former president of the National $7 billion to family members of individ- the life of the town over the past cen- Association for the Advancement of uals killed in the 9/11 attacks, by draft- tury and a quarter. Colored People in Fresno, Mrs. Sterling ing the New York City Bar Associa- Though the town may be small, the led a group of local civil rights activ- tion’s comments on the interim and anniversary celebration was not small ists to Alabama to march with Dr. final regulations for the fund. Since by any means. Over 1,000 people at- Martin Luther King, Jr., in 1963. She that time, she has worked selflessly to tended the festivities, a crowd com- also played an instrumental role in the ensure that the family members of vic- parable to the one at Sterling’s centen- establishment of the National Council tims of 9/11 are cared for. nial celebration 25 years ago. The cele- of Negro Women in Fresno. Through Nearly 6 years after the 9/11 attacks, bration included dances, live music, a her devotion to community service, Debra Brown Steinberg is still fighting quilt show, a pickup mud run, and a pa- Mrs. Sterling demonstrated an admi- for the families of victims of the ter- rade, at which onlookers were rable and unyielding commitment to rorist attacks—specifically immigrants showered with free gifts and wowed by civil rights and social justice. without legal status in the United the 100 horses that walked together at A renowned and widely respected States who, after facing the traumatic the rear of the procession. community leader, Mrs. Sterling made loss of a family member on 9/11, now Madam President, I ask the Senate history when she became the first Afri- face potential deportation. As our Na- to join me in congratulating Sterling, can American to hold a seat on the tion continues to mourn the loss of ND, and its residents on their first 125 Fresno City Council after she was friends and family members who died years and in wishing them well in the called to public service by filling a va- in the 9/11 terrorist attacks, Ms. Stein- future. By honoring Sterling and all cant seat on February 27, 1969. As she berg has set an example for all of us by other historic small towns of North Da- had done throughout her life, Mrs. helping families that have suffered kota, we keep the great pioneering Sterling handled her tenure on the greatly. Her selfless and persistent ef- frontier spirit alive for future genera- Fresno Council with her usual grace, forts have given these immigrant fami- tions. It is places such as Sterling that dignity, and keen sense of fairness and lies hope that one day they will be able have helped shape this country into justice. Although she did not seek to to grieve freely. what it is today, which is why this fine keep her seat beyond her appointed In addition to her work representing community is deserving of our recogni- term, it is fair to say that the impact these immigrant families through the tion.∑

VerDate Aug 31 2005 07:16 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.008 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9610 CONGRESSIONAL RECORD — SENATE July 19, 2007 HONORING INTELLIGENT SPATIAL founder of Intelligent Spatial Tech- tion to democracy and the orderly de- TECHNOLOGIES nologies, but he also is a founder of velopment of its political, administra- ∑ Ms. SNOWE. Madam President, I FUSION Bangor, an organization which tive, and economic institutions and re- wish to congratulate Intelligent Spa- aims to engage young people in com- sources. These actions and policies con- tial Technologies, a company founded munity leadership through forums, tinue to pose an unusual and extraor- by a tremendously innovative young meetings, and similar events. Mr. dinary threat to the foreign policy of entrepreneur from my home State of Frank has shown that no matter what the United States. For these reasons, I Maine. Intelligent Spatial Tech- your age, you can have an impact on have determined that it is necessary to nologies of Orono is a software and both the business community and the continue the national emergency with data company that was launched in local community. respect to the former Liberian regime 2003 by Christopher Frank. The State of Maine is incredibly of Charles Taylor. The successful operation of Intel- proud of Intelligent Spatial Tech- GEORGE W. BUSH. ligent Spatial Technologies is a beacon nologies. To see a college student real- THE WHITE HOUSE, July 19, 2007. to all young entrepreneurs who dream ize his business dream—while still a f of starting up their own business. Mr. student, no less—is always inspiring. I MEASURES READ THE FIRST TIME Frank founded Intelligent Spatial wish Christopher Frank and everyone Technologies while a student at my at Intelligent Spatial Technologies The following bill was read the first alma mater, the University of Maine at continued success.∑ time: Orono. While there, he worked with an f H.R. 980. An act to provide collective bar- all-University of Maine alumni team to gaining rights for public safety officers em- grow and develop an innovative idea he MESSAGE FROM THE PRESIDENT ployed by States or their political subdivi- dreamed of to provide location-based A message from the President of the sions. information on-the-go. After grad- United States was communicated to f uating from the University of Maine, the Senate by Ms. Evans, one of his EXECUTIVE AND OTHER Mr. Frank applied to become a tenant secretaries. COMMUNICATIONS in the Target Technology Incubator. f Supported by the University of Maine, The following communications were laid the Community College System, and EXECUTIVE MESSAGE REFERRED before the Senate, together with accom- the Maine Small Business Development panying papers, reports, and documents, and As in executive session the Presiding were referred as indicated: Centers, the Incubator offers early- Officer laid before the Senate a mes- stage tech-based companies the train- EC–2592. A communication from the Sec- sage from the President of the United retary of Agriculture and the Secretary of ing and tools necessary to make their States submitting a nomination which the Interior, transmitting, the report of ventures a success. was referred to the Committee on For- draft legislation entitled, ‘‘Healthy Forests With the help of Target Technology eign Relations. Partnership Act’’; to the Committee on Agri- Incubator and over a million dollars in (The nomination received today is culture, Nutrition, and Forestry. Federal and State research grants, Mr. printed at the end of the Senate pro- EC–2593. A communication from the Prin- Frank was able to realize his idea and ceedings.) cipal Deputy, Office of the Under Secretary transform it into a new, vibrant busi- of Defense (Personnel and Readiness), trans- ness in the State of Maine. Today, In- f mitting, pursuant to law, the report of the telligent Spatial Technologies is a REPORT ON THE CONTINUATION authorization of Colonel Stephen R. Lanza to wear the authorized insignia of the grade of leading developer in the fast-growing OF THE NATIONAL EMERGENCY brigadier general in accordance with title 10, industry of location-based services, AND RELATED MEASURES DEAL- United States Code, section 777; to the Com- which is a particularly remarkable ING WITH THE FORMER LIBE- mittee on Armed Services. achievement when one considers that RIAN REGIME OF CHARLES TAY- EC–2594. A communication from the Under the current market value for GPS-re- LOR—PM 22 Secretary of Defense (Personnel and Readi- lated products is an estimated $12 bil- ness), transmitting, a report on the approved The PRESIDING OFFICER laid be- retirement of Vice Admiral David C. Nichols, lion. fore the Senate the following message Notably, Intelligent Spatial Tech- Jr., United States Navy, and his advance- from the President of the United nologies was able to successfully mar- ment to the grade of vice admiral on the re- State’s, together with an accom- tired list; to the Committee on Armed Serv- ket its first product, the iPointer, to panying report; which was referred to ices. the University of Maine. The iPointer the Committee on Banking, Housing, EC–2595. A communication from the Acting is an advanced device that empowers and Urban Affairs: Deputy, Office of Legislative Affairs, Depart- users to explore a defined area by ment of the Navy, transmitting, pursuant to pointing at landmarks and receiving To the Congress of the United States: law, a report on the Department’s decision feedback in the form of text and audio- Section 202(d) of the National Emer- to convert certain aircraft line maintenance visual images over a wireless Internet gencies Act (50 U.S.C. l622(d)) provides functions to a contractor; to the Committee connection. The University of Maine for the automatic termination of a na- on Armed Services. tional emergency unless, prior to the EC–2596. A communication from the Acting used the product to provide prospective Deputy, Office of Legislative Affairs, Depart- students with informative, custom anniversary date of its declaration, the ment of the Navy, transmitting, pursuant to tours to familiarize them with the uni- President publishes in the Federal Reg- law, a report relative to the Department’s versity campus. The iPointer is the ister and transmits to the Congress a decision to convert certain aviation weather cornerstone of Intelligent Spatial notice stating that the emergency is to observer services to a contractor; to the Technologies and a unique contribu- continue in effect beyond the anniver- Committee on Armed Services. tion to location-based services indus- sary date. In accordance with this pro- EC–2597. A communication from the Senior try. It is terrific to see that Mr. Frank vision, I have sent the enclosed notice Vice President and Chief Financial Officer, to the Federal Register publication, Federal Home Loan Bank of San Francisco, wants to expand the use of his creative transmitting, pursuant to law, the Bank’s technology to more everyday uses, stating that the national emergency 2006 Management Report; to the Committee such as use with digital cameras, cel- and related measures dealing with the on Banking, Housing, and Urban Affairs. lular phones, and hand-held computers. former Liberian regime of Charles Tay- EC–2598. A communication from the Pro- Before concluding, I would be remiss lor are to continue in effect beyond gram Analyst, Federal Aviation Administra- not to mention that Christopher Frank July 22, 2007. tion, Department of Transportation, trans- was named Maine’s Young Entre- The actions and policies of former Li- mitting, pursuant to law, the report of a rule preneur of the Year by the U.S. Small berian President Charles Taylor and entitled ‘‘Airworthiness Directives; Business Administration in 2006. His other persons, in particular their un- McCauley Propeller Systems Models 3A32C406/82NDB–X and D3A32A409/82NDB–X cutting-edge technology and stellar lawful depletion of Liberian resources, Propellers’’ ((RIN2120–AA64)(Docket No. leadership is highly respected in the their trafficking of illegal arms, and 2005–NE–10)) received on July 18, 2007; to the Bangor community. Not only does Mr. their formation of irregular militia, Committee on Commerce, Science, and Frank show leadership as president and continue to undermine Liberia’s transi- Transportation.

VerDate Aug 31 2005 07:58 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.062 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9611 EC–2599. A communication from the Pro- ((RIN2120–AA65)(Amdt. No. 3220)) received on 010)) received on July 18, 2007; to the Com- gram Analyst, Federal Aviation Administra- July 18, 2007; to the Committee on Com- mittee on Commerce, Science, and Transpor- tion, Department of Transportation, trans- merce, Science, and Transportation. tation. mitting, pursuant to law, the report of a rule EC–2608. A communication from the Pro- EC–2616. A communication from the Pro- entitled ‘‘Airworthiness Directives; Airbus gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- Model A300 B4–601, A300 B4–603, A300 B4–605R, tion, Department of Transportation, trans- tion, Department of Transportation, trans- A300 C4–605R Variant F, A310–204, and A310– mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule 304 Airplanes Equipped with General Electric entitled ‘‘Airworthiness Directives; British entitled ‘‘Airworthiness Directives; REIMS CF6–80C2 Engines’’ ((RIN2120–AA64)(Docket Aerospace Regional Aircraft Jetstream AVIATION S.A. Model F406 Airplanes’’ No. 2006–NM–188)) received on July 18, 2007; Model 3201 Airplanes’’ ((RIN2120– ((RIN2120–AA64)(Docket No. 2006–CE–088)) re- to the Committee on Commerce, Science, AA64)(Docket No. 2006–CE–68)) received on ceived on July 18, 2007; to the Committee on and Transportation. July 18, 2007; to the Committee on Com- Commerce, Science, and Transportation. EC–2600. A communication from the Pro- merce, Science, and Transportation. EC–2617. A communication from the Pro- gram Analyst, Federal Aviation Administra- EC–2609. A communication from the Pro- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, transmitting, pursuant to law, the report of a rule tion, Department of Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Rolls- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Royce plc RB211 Series Turbofan Engines’’ entitled ‘‘Airworthiness Directives; British Raytheon Aircraft Company Models 35–33, ((RIN2120–AA64)(Docket No. 2003–NE–12)) re- Aerospace Regional Aircraft Model HP.137 35–A33, 35–B33, 35–C33, E33, F33, G33, 35–C33A, ceived on July 18, 2007; to the Committee on Jetstream Mk.1, Jetstream Series 200, Jet- E33A, F33A, E33C, F33C, 35, A35, B35, C35, Commerce, Science, and Transportation. stream Series 3101, and Jetstream Model 3201 D35, E35, F35, G35, H35, J35, K35, M35, N35, EC–2601. A communication from the Pro- Airplanes’’ ((RIN2120–AA64)(Docket No. 2007– P35, S35, V35, V35A, V35B, 36, A36, A45, D45, gram Analyst, Federal Aviation Administra- CE–012)) received on July 18, 2007; to the 95–55, 95–A55, 95–B55, 95–B55A, 95–B55B, 95– tion, Department of Transportation, trans- Committee on Commerce, Science, and C55, 95–C55A, D55, D55A, E55, E55A, 56TC, mitting, pursuant to law, the report of a rule Transportation. A56TC, 58, 95, B95, B95A, D95A, and E95 Air- entitled ‘‘Airworthiness Directives; Airbus EC–2610. A communication from the Pro- planes’’ ((RIN2120–AA64)(Docket No. 2006–CE– Model A330–200, A330–300, A340–200, and A340– gram Analyst, Federal Aviation Administra- 55)) received on July 18, 2007; to the Com- 300 Series Airplanes’’ ((RIN2120– tion, Department of Transportation, trans- mittee on Commerce, Science, and Transpor- AA64)(Docket No. 2006–NM–236)) received on mitting, pursuant to law, the report of a rule tation. July 18, 2007; to the Committee on Com- entitled ‘‘Airworthiness Directives; Cessna EC–2618. A communication from the Pro- merce, Science, and Transportation. Aircraft Company Models 208 and 208B Air- gram Analyst, Federal Aviation Administra- EC–2602. A communication from the Pro- planes’’ ((RIN2120–AA64)(Docket No. 2006–CE– tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- 83)) received on July 18, 2007; to the Com- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- mittee on Commerce, Science, and Transpor- entitled ‘‘Airworthiness Directives; Airbus mitting, pursuant to law, the report of a rule tation. Model A330 Airplanes and Model A340–200 and entitled ‘‘Airworthiness Directives; British EC–2611. A communication from the Pro- –300 Series Airplanes’’ ((RIN2120– Aerospace Regional Aircraft Models HP.137 gram Analyst, Federal Aviation Administra- AA64)(Docket No. 2006–NM–253)) received on Jetstream Mk.1, Jetstream Series 200, Jet- tion, Department of Transportation, trans- July 18, 2007; to the Committee on Com- stream Series 3101, and Jetstream Model 3201 mitting, pursuant to law, the report of a rule merce, Science, and Transportation. EC–2619. A communication from the Pro- Airplanes’’ ((RIN2120–AA64)(Docket No. 2007– entitled ‘‘Airworthiness Directives; Boeing gram Analyst, Federal Aviation Administra- CE–003)) received on July 18, 2007; to the Model 747–400 Series Airplanes’’ ((RIN2120– tion, Department of Transportation, trans- AA64)(Docket No. 2005–NM–132)) received on Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule July 18, 2007; to the Committee on Com- Transportation. entitled ‘‘Airworthiness Directives; Short EC–2603. A communication from the Pro- merce, Science, and Transportation. Brothers Model SD3–60 SHERPA, SD3–SHER- gram Analyst, Federal Aviation Administra- EC–2612. A communication from the Pro- PA, SD3–30, and SD3–60 Airplanes’’ tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- ((RIN2120–AA64)(Docket No. 2007–NM–055)) mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- received on July 18, 2007; to the Committee entitled ‘‘Airworthiness Directives; mitting, pursuant to law, the report of a rule on Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives; Boeing LATINOAMERICANA DE AVIACION S.A. EC–2620. A communication from the Pro- Models PA–25, PA–25–235, and PA–25–260 Air- Model 737–200, –300, –400, –500, –600, –700, –800, gram Analyst, Federal Aviation Administra- planes’’ ((RIN2120–AA64)(Docket No. 2007–CE– and –900 Series Airplanes; Boeing Model 757– tion, Department of Transportation, trans- 005)) received on July 18 , 2007; to the Com- 200 and –300 Series Airplanes; and McDonnell mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- Douglas Model DC–10–10, DC–10–10F, DC–10– entitled ‘‘Airworthiness Directives; Cessna tation. 30, DC–10–30F, DC–10–40, MD–10–30F, MD–11, Aircraft Company Models 172R, 172S, 182T, EC–2604. A communication from the Pro- and MD–11F Airplanes; Equipped with Rein- T182T, 206H, and T206H Airplanes’’ ((RIN2120– gram Analyst, Federal Aviation Administra- forced Flight Deck Doors Installed in Ac- AA64)(Docket No. 2007–CE–028)) received on tion, Department of Transportation, trans- cordance with Supplemental Type Certifi- July 18, 2007; to the Committee on Com- mitting, pursuant to law, the report of a rule cate ST01335LA, STC ST01334LA, and STC merce, Science, and Transportation. entitled ‘‘Airworthiness Directives; Boeing ST01381LA, Respectively’’ ((RIN2120– EC–2621. A communication from the Pro- Model 777 Airplanes’’ ((RIN2120– AA64)(Docket No. 2006–NM–228)) received on gram Analyst, Federal Aviation Administra- AA64)(Docket No. 2007–NM–078)) received on July 18, 2007; to the Committee on Com- tion, Department of Transportation, trans- July 18, 2007; to the Committee on Com- merce, Science, and Transportation. mitting, pursuant to law, the report of a rule merce, Science, and Transportation. EC–2613. A communication from the Pro- entitled ‘‘Airworthiness Directives; MD Heli- EC–2605. A communication from the Pro- gram Analyst, Federal Aviation Administra- copters Inc. Model MD600N Helicopters’’ gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- ((RIN2120–AA64)(Docket No. 2007–SW–05)) re- tion, Department of Transportation, transmitting, pursuant to law, the report of a rule ceived on July 18, 2007; to the Committee on mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Empresa Commerce, Science, and Transportation. entitled ‘‘Modification of Class E Airspace; Brasileira de Aeronautica S.A. Model ERJ EC–2622. A communication from the Pro- Bolivar, MO’’ ((RIN2120–AA66)(Docket No. 07– 170 Airplanes’’ ((RIN2120–AA64)(Docket No. gram Analyst, Federal Aviation Administra- ACE–5)) received on July 18, 2007; to the 2006–NM–055)) received on July 18, 2007; to the tion, Department of Transportation, trans- Committee on Commerce, Science, and Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule Transportation. Transportation. entitled ‘‘Airworthiness Directives; Empresa EC–2606. A communication from the Pro- EC–2614. A communication from the Pro- Brasileira de Aeronautica S.A. Model ERJ gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- 170 Airplanes’’ ((RIN2120–AA64)(Docket No. tion, Department of Transportation, trans- tion, Department of Transportation, trans- 2006–NM–055)) received on July 18, 2007; to the mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Committee on Commerce, Science, and entitled ‘‘Standard Instrument Approach entitled ‘‘Airworthiness Directives; EADS Transportation. Procedures, Weather Takeoff Minimums; SOCATA Model TBM 700 Airplanes’’ EC–2623. A communication from the Pro- Miscellaneous Amendments’’ ((RIN2120– ((RIN2120–AA64)(Docket No. 2006–CE–041)) re- gram Analyst, Federal Aviation Administra- AA65)(Amdt. No. 3219)) received on July 18, ceived on July 18, 2007; to the Committee on tion, Department of Transportation, trans- 2007; to the Committee on Commerce, Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule Science, and Transportation. EC–2615. A communication from the Pro- entitled ‘‘Airworthiness Directives; Cessna EC–2607. A communication from the Pro- gram Analyst, Federal Aviation Administra- Aircraft Company Models 182H, 182J, 182K, gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- 182L, 182M, 182N, 182P, 182Q, and 182R Air- tion, Department of Transportation, transmitting, pursuant to law, the report of a rule planes’’ ((RIN2120–AA64)(Docket No. 2007–CE– mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; 031)) received on July 18, 2007; to the Com- entitled ‘‘Standard Instrument Approach Vulcanair S.p.A. Model P68 Series Air- mittee on Commerce, Science, and Transpor- Procedures; Miscellaneous Amendments’’ planes’’ ((RIN2120-AA64)(Docket No. 2007–CE– tation.

VerDate Aug 31 2005 07:16 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.060 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9612 CONGRESSIONAL RECORD — SENATE July 19, 2007 EC–2624. A communication from the Pro- EC–2633. A communication from the Acting EXECUTIVE REPORTS OF gram Analyst, Federal Aviation Administra- Director, Office of Sustainable Fisheries, De- COMMITTEES tion, Department of Transportation, trans- partment of Commerce, transmitting, pursu- mitting, pursuant to law, the report of a rule ant to law, the report of a rule entitled The following executive reports of entitled ‘‘Fire Penetration Resistance of ‘‘Inseason Action, Temporary Rule, Closure nominations were submitted: Thermal/Acoustic Insulation Installed on of the Eastern U.S./Canada Area’’ (RIN0648– By Mr. DODD for the Committee on Bank- Transport Category Airplanes’’ ((RIN2120– XA92) received on July 18, 2007; to the Com- ing, Housing, and Urban Affairs. AI75)(Docket No. FAA–2006–24277)) received mittee on Commerce, Science, and Transpor- *Bijan Rafiekian, of California, to be a on July 18, 2007; to the Committee on Com- tation. Member of the Board of Directors of the Ex- merce, Science, and Transportation. EC–2634. A communication from the Pro- port-Import Bank of the United States for a EC–2625. A communication from the Pro- gram Analyst, National Highway Traffic term expiring January 20, 2011. gram Analyst, Federal Aviation Administra- Safety Administration, Department of *Diane G. Farrell, of Connecticut, to be a tion, Department of Transportation, trans- Transportation, transmitting, pursuant to Member of the Board of Directors of the Ex- mitting, pursuant to law, the report of a rule law, the report of a rule entitled ‘‘FMVSS port-Import Bank of the United States for a entitled ‘‘Revision of Class E Airspace; No. 202 Reconsideration of Technical Issues’’ term expiring January 20, 2011. Redmond, OR’’ ((RIN2120–AA66)(Docket No. (RIN2127–AJ96) received on July 18, 2007; to *William Herbert Heyman, of New York, to 06–ANM–5)) received on July 18, 2007; to the the Committee on Commerce, Science, and be a Director of the Securities Investor Pro- Committee on Commerce, Science, and Transportation. tection Corporation for a term expiring De- EC–2635. A communication from the Assist- Transportation. cember 31, 2007 vice Deborah Doyle EC–2626. A communication from the Pro- ant Secretary for Communications and Infor- McWhinney, term expired. gram Analyst, Federal Aviation Administra- mation, National Telecommunications and *Mark S. Shelton, of Kansas, to be a Direc- tion, Department of Transportation, trans- Information Administration, Department of mitting, pursuant to law, the report of a rule Commerce, transmitting, pursuant to law, tor of the Securities Investor Protection entitled ‘‘Modification of Class E Airspace; the report of a rule entitled ‘‘Public Safety Corporation for a term expiring December 31, Peru, IL’’ ((RIN2120–AA66)(Docket No. 07– Interoperable Communications Grant Pro- 2008. AGL–1)) received on July 18, 2007; to the gram’’ (RIN0660–ZA17) received on July 18, *William S. Jasien, of Virginia, to be a Di- Committee on Commerce, Science, and 2007; to the Committee on Commerce, rector of the Securities Investor Protection Transportation. Science, and Transportation. Corporation for a term expiring December 31, EC–2627. A communication from the Pro- EC–2636. A communication from the Pro- 2009. gram Analyst, Federal Aviation Administra- gram Analyst, National Highway Traffic *William Herbert Heyman, of New York, to tion, Department of Transportation, trans- Safety Administration, Department of be a Director of the Securities Investor Pro- mitting, pursuant to law, the report of a rule Transportation, transmitting, pursuant to tection Corporation for a term expiring De- entitled ‘‘Airworthiness Directives; EADS law, the report of a rule entitled ‘‘Early cember 31, 2010. SOCATA Model TBM 700 Airplanes’’ Warning Reporting Clarifying Amendments’’ By Mr. INOUYE for the Committee on ((RIN2120–AA64)(Docket No. 2006–CE–63)) re- (RIN2127–AJ94) received on July 18, 2007; to Commerce, Science, and Transportation. ceived on July 18, 2007; to the Committee on the Committee on Commerce, Science, and *National Oceanic and Atmospheric Ad- Commerce, Science, and Transportation. Transportation. ministration nomination of Jonathan W. EC–2628. A communication from the Pro- EC–2637. A communication from the Sec- Bailey, to be Rear Admiral. gram Analyst, Federal Aviation Administra- retary of Energy, transmitting, pursuant to *National Oceanic and Atmospheric Ad- tion, Department of Transportation, trans- law, a report relative to the Department’s ministration nomination of Philip M. Kenul, mitting, pursuant to law, the report of a rule plan to expand the Strategic Petroleum Re- to be Rear Admiral (lower half). entitled ‘‘Airworthiness Directives; Learjet serve to one billion barrels; to the Com- *Nomination was reported with rec- Model 45 Airplanes’’ ((RIN2120–AA64)(Docket mittee on Energy and Natural Resources. ommendation that it be confirmed sub- No. 2007–NM–066)) received on July 18, 2007; EC–2638. A communication from the Sec- to the Committee on Commerce, Science, retary of Health and Human Services, trans- ject to the nominee’s commitment to and Transportation. mitting, pursuant to law, the Department’s respond to requests to appear and tes- EC–2629. A communication from the Acting performance report for fiscal year 2006 rel- tify before any duly constituted com- Director, Office of Sustainable Fisheries, De- ative to the Animal Drug User Fee Act; to mittee of the Senate. partment of Commerce, transmitting, pursu- the Committee on Health, Education, Labor, f ant to law, the report of a rule entitled and Pensions. ‘‘Fisheries of the Economic Exclusive Zone EC–2639. A communication from the Sec- INTRODUCTION OF BILLS AND Off Alaska; Deep-Water Species Fishery by retary of Health and Human Services, trans- JOINT RESOLUTIONS Catcher Vessels in the Gulf of Alaska’’ mitting, pursuant to law, the Department’s (RIN0648–XA83) received on July 18, 2007; to performance report for fiscal year 2006 rel- The following bills and joint resolu- the Committee on Commerce, Science, and ative to the Medical Device User Fee and tions were introduced, read the first Transportation. Modernization Act; to the Committee on and second times by unanimous con- EC–2630. A communication from the Dep- Health, Education, Labor, and Pensions. sent, and referred as indicated: uty Assistant Administrator for Regulatory EC–2640. A communication from the Chief By Mrs. CLINTON (for herself, Mrs. Programs, National Marine Fisheries Serv- Counsel, Federal Emergency Management BOXER, Mrs. FEINSTEIN, Mrs. MURRAY, ice, Department of Transportation, trans- Agency, Department of Homeland Security, and Mr. SCHUMER): mitting, pursuant to law, the report of a rule transmitting, pursuant to law, the report of S. 1816. A bill to authorize the Secretary of entitled ‘‘Final Rule to Extend the North Pa- a rule entitled ‘‘Suspension of Community the Interior to establish a commemorative cific Groundfish Observer Program Beyond Eligibility’’ (72 FR 34630) received on July 18, trail in connection with the Women’s Rights 2007’’ (RIN0648–AU58) received on July 18, 2007; to the Committee on Homeland Secu- 2007; to the Committee on Commerce, rity and Governmental Affairs. National Historical Park to link properties Science, and Transportation. EC–2641. A communication from the Asso- that are historically and thematically asso- EC–2631. A communication from the Direc- ciate General Counsel for General Law, De- ciated with the struggle for women’s suf- tor, Office of Sustainable Fisheries, Depart- partment of Homeland Security, transmit- frage, and for other purposes; to the Com- ment of Commerce, transmitting, pursuant ting, pursuant to law, the report of a nomi- mittee on Energy and Natural Resources. to law, the report of a rule entitled ‘‘Fish- nation for the position of Assistant Adminis- By Mr. OBAMA (for himself, Mr. BOND, eries of the Economic Exclusive Zone Off trator of Grant Programs, received on July Mrs. MCCASKILL, Mrs. BOXER, Mrs. Alaska; Shallow-Water Species Fishery by 18, 2007; to the Committee on Homeland Se- MURRAY, Mr. LIEBERMAN, Mr. DURBIN, Catcher Processors in the Gulf of Alaska’’ curity and Governmental Affairs. Mr. JOHNSON, and Mr. WHITEHOUSE): (RIN0648–XA91) received on July 18, 2007; to EC–2642. A communication from the Sec- S. 1817. A bill to ensure proper administra- the Committee on Commerce, Science, and retary of Commerce, transmitting, pursuant tion of the discharge of members of the Transportation. to law, the Semiannual Report of the De- Armed Forces for personality disorder, and EC–2632. A communication from the Acting partment’s Inspector General for the period for other purposes; to the Committee on Director, Office of Sustainable Fisheries, De- of October 1, 2006, through March 31, 2007; to Armed Services. partment of Commerce, transmitting, pursu- the Committee on Homeland Security and By Mr. OBAMA: ant to law, the report of a rule entitled Governmental Affairs. S. 1818. A bill to amend the Toxic Sub- ‘‘Fisheries of the Exclusive Economic Zone EC–2643. A communication from the Dep- stances Control Act to phase out the use of Off Alaska; Northern Rockfish, Pacific uty General Counsel and Designated Report- mercury in the manufacture of chlorine and Ocean Perch, and Pelagic Shelf Rockfish for ing Official, Office of National Drug Control caustic soda, and for other purposes; to the Catcher Vessels Participating in the Rock- Policy, Executive Office of the President, Committee on Environment and Public fish Limited Access Fishery in the Central transmitting, pursuant to law, the report of Works. Regulatory Area of the Gulf of Alaska’’ a nomination for the position of Deputy Di- By Mr. DORGAN (for himself, Ms. MUR- (RIN0648–XA82) received on July 18, 2007; to rector of National Drug Control Policy, re- KOWSKI, and Mr. BIDEN): the Committee on Commerce, Science, and ceived on July 18, 2007; to the Committee on S. 1819. A bill to amend the Adam Walsh Transportation. the Judiciary. Child Protection and Safety Act of 2006 to

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modify a deadline relating to a certain elec- S. 1829. A bill to reauthorize programs By Mr. BIDEN (for himself, Mr. LUGAR, tion by Indian tribes; to the Committee on under the Missing Children’s Assistance Act; Mr. MENENDEZ, Mr. BROWNBACK, Mrs. the Judiciary. to the Committee on the Judiciary. CLINTON, Mr. FEINGOLD, Mrs. FEIN- By Mrs. FEINSTEIN (for herself and By Mr. BAYH: STEIN, Mr. CARDIN, Mr. DURBIN, Ms. Mrs. BOXER): S. 1830. A bill to amend the Federal Direct MIKULSKI, and Mr. HARKIN): S. 1820. A bill to better provide for com- Loan Program to provide that interest shall S. Res. 276. A resolution calling for the ur- pensation for certain persons injured in the not accrue on Federal Direct Loans for ac- gent deployment of a robust and effective course of employment at the Santa Susana tive duty service members and their spouses; multinational peacekeeping mission with Field Laboratory in California; to the Com- to the Committee on Health, Education, sufficient size, resources, leadership, and mittee on Health, Education, Labor, and Labor, and Pensions. mandate to protect civilians in Darfur, Pensions. By Mr. SCHUMER: Sudan, and for efforts to strengthen the re- By Mrs. CLINTON: S. 1831. A bill to amend the Truth in Lend- newal of a just and inclusive peace process; S. 1821. A bill to prohibit the closure or re- ing Act, to improve disclosures for private to the Committee on Foreign Relations. location of any county, local, or field office student loans, and for other purposes; to the f of the Farm Service Agency or Natural Re- Committee on Banking, Housing, and Urban sources Conservation Service or any office Affairs. ADDITIONAL COSPONSORS related to the rural development mission of By Mr. LIEBERMAN (for himself, Mr. the Department of Agriculture until at least S. 65 WARNER, and Mrs. BOXER): 1 year after the enactment of an Act to pro- S. 1832. A bill to reauthorize the African At the request of Mr. INHOFE, the vide for the continuation of agricultural pro- Elephant Conservation Act, the Rhinoceros name of the Senator from Virginia (Mr. grams after fiscal year 2007; to the Com- and Tiger Conservation Act of 1994, and the WARNER) was added as a cosponsor of S. mittee on Agriculture, Nutrition, and For- Asian Elephant Conservation Act of 1997; to 65, a bill to modify the age-60 standard estry. the Committee on Environment and Public for certain pilots and for other pur- By Mr. BAYH: Works. S. 1822. A bill to amend the Federal Direct poses. By Mr. NELSON of Florida (for himself Loan Program to provide that interest shall S. 309 and Mr. DURBIN): not accrue on Federal Direct Loans for ac- S. 1833. A bill to amend the Consumer At the request of Mr. CASEY, his tive duty service members and their spouses; Product Safety Act to require third-party name was added as a cosponsor of S. to the Committee on Health, Education, verification of compliance of children’s prod- Labor, and Pensions. 309, a bill to amend the Clean Air Act ucts with consumer product safety standards By Mrs. CLINTON (for herself and Mr. to reduce emissions of carbon dioxide, promulgated by the Consumer Product Safe- BOND): and for other purposes. ty Commission and for other purposes; to the S. 1823. A bill to set the United States on S. 462 Committee on Commerce, Science, and track to ensure children are ready to learn At the request of Mr. REID, the when they begin kindergarten; to the Com- Transportation. mittee on Health, Education, Labor, and By Mr. ENZI: names of the Senator from Idaho (Mr. Pensions. S. 1834. A bill to improve the health of CRAIG) and the Senator from Idaho (Mr. By Mr. OBAMA: Americans through the gradual elimination CRAPO) were added as cosponsors of S. S. 1824. A bill to amend title XVIII of the of tobacco products; to the Committee on Fi- 462, a bill to approve the settlement of Social Security Act to establish a Hospital nance. the water rights claims of the Sho- By Mr. LAUTENBERG (for himself and Quality Report Card Initiative under the shone-Paiute Tribes of the Duck Valley Mr. MENENDEZ): Medicare program to assess and report on Indian Reservation in Nevada, to re- health care quality in hospitals; to the Com- S. 1835. A bill to require a report and audit mittee on Finance. on the transfer of personnel and functions quire the Secretary of the Interior to By Mr. WEBB (for himself, Mrs. from Fort Monmouth, New Jersey; to the carry out the settlement, and for other MCCASKILL, Ms. KLOBUCHAR, Mr. Committee on Armed Services. purposes. BROWN, Mr. CASEY, Mr. TESTER, Mr. By Mr. LAUTENBERG (for himself and S. 548 CARDIN, Mr. WHITEHOUSE, Mr. SAND- Mr. MENENDEZ): S. 1836. A bill to require the Comptroller At the request of Mr. LEAHY, the ERS, Mr. DURBIN, Mr. LEVIN, Mr. CAR- name of the Senator from Rhode Island PER, Mrs. FEINSTEIN, Mr. KERRY, Mr. General to address certain questions in con- (Mr. WHITEHOUSE) was added as a co- JOHNSON, Mrs. BOXER, Mr. OBAMA, nection with the closure of Fort Monmouth, Mr. LEAHY, Mr. HARKIN, Ms. New Jersey, and the transfer of personnel, sponsor of S. 548, a bill to amend the STABENOW, Mr. DODD, and Ms. functions, and activities from Fort Mon- Internal Revenue Code of 1986 to pro- LANDRIEU): mouth to Aberdeen Proving Ground, Mary- vide that a deduction equal to fair mar- S. 1825. A bill to provide for the study and land, and for other purposes; to the Com- ket value shall be allowed for chari- investigation of wartime contracts and con- mittee on Armed Services. table contributions of literary, musi- By Mr. COLEMAN: tracting processes in Operation Iraqi Free- cal, artistic, or scholarly compositions dom and Operation Enduring Freedom, and S. 1837. A bill to amend the Farm Security for other purposes; to the Committee on and Rural Investment Act of 2002 to author- created by the donor. Homeland Security and Governmental Af- ize the Secretary of Agriculture to provide S. 594 fairs. loans to eligible agricultural producers of el- At the request of Mrs. FEINSTEIN, the By Mr. MCCONNELL: igible commodities that are used to produce name of the Senator from California bioenergy to ensure that the capacities of S. 1826. A bill to add Kentucky State Uni- (Mrs. BOXER) was added as a cosponsor versity to the list of schools eligible for as- the commodity storage facilities of the agri- sistance under part B of title III of the High- cultural producers are adequate for the stor- of S. 594, a bill to limit the use, sale, er Education Act of 1965; to the Committee age requirements of the agricultural pro- and transfer of cluster munitions. on Health, Education, Labor, and Pensions. ducers, and for other purposes; to the Com- S. 604 By Mr. COCHRAN (for himself, Mr. mittee on Agriculture, Nutrition, and For- At the request of Mr. LAUTENBERG, PRYOR, and Mr. ENZI): estry. the name of the Senator from Lou- S. 1827. A bill to amend title XVIII of the By Mr. CORNYN (for himself and Mrs. isiana (Ms. LANDRIEU) was added as a Social Security Act to require prompt pay- HUTCHISON): ment to pharmacies under part D, to restrict S. 1838. A bill to provide for the health care cosponsor of S. 604, a bill to amend pharmacy co-branding on prescription drug needs of veterans in far South Texas; to the title 10, United States Code, to limit cards issued under such part, and to provide Committee on Veterans’ Affairs. increases in the certain costs of health guidelines for Medication Therapy Manage- By Mr. BIDEN (for himself, Mr. LEVIN, care services under the health care pro- ment Services programs offered by prescrip- and Mr. LAUTENBERG): grams of the Department of Defense, tion drug plans and MA-PD plans under such S. 1839. A bill to require periodic reports on and for other purposes. part; to the Committee on Finance. claims related to acts of terrorism against S. 609 By Mr. INHOFE: Americans perpetrated or supported by the S. 1828. A bill to require the Administrator Government of Libya; to the Committee on At the request of Mr. ROCKEFELLER, of the Environmental Protection Agency to Foreign Relations. the name of the Senator from Wyoming conduct a study of the feasibility of increas- f (Mr. BARRASSO) was added as a cospon- ing the consumption in the United States of sor of S. 609, a bill to amend section 254 certain ethanol-blended gasoline; to the SUBMISSION OF CONCURRENT AND of the Communications Act of 1934 to Committee on Environment and Public SENATE RESOLUTIONS Works. provide that funds received as uni- By Mr. LEAHY (for himself, Mr. The following concurrent resolutions versal service contributions and the HATCH, Mrs. LINCOLN, and Mr. SHEL- and Senate resolutions were read,and universal service support programs es- BY): referred (or acted upon), as indicated: tablished pursuant to that section are

VerDate Aug 31 2005 07:16 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.077 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9614 CONGRESSIONAL RECORD — SENATE July 19, 2007 not subject to certain provisions of award a Congressional Gold Medal to (Mr. CARPER) and the Senator from title 31, United States Code, commonly Dr. Muhammad Yunus, in recognition South Dakota (Mr. JOHNSON) were known as the Antideficiency Act. of his contributions to the fight added as cosponsors of S. 1494, a bill to S. 617 against global poverty. amend the Public Health Service Act At the request of Mr. SMITH, the S. 994 to reauthorize the special diabetes pro- name of the Senator from Alaska (Mr. At the request of Mr. TESTER, the grams for Type I diabetes and Indians STEVENS) was added as a cosponsor of name of the Senator from Montana under that Act. S. 617, a bill to make the National (Mr. BAUCUS) was added as a cosponsor S. 1502 Parks and Federal Recreational Lands of S. 994, a bill to amend title 38, At the request of Mr. CONRAD, the Pass available at a discount to certain United States Code, to eliminate the name of the Senator from Vermont veterans. deductible and change the method of (Mr. SANDERS) was added as a cospon- S. 667 determining the mileage reimburse- sor of S. 1502, a bill to amend the Food ment rate under the beneficiary travel Security Act of 1985 to encourage own- At the request of Mrs. CLINTON, the name of the Senator from Colorado program administered by the Secretary ers and operators of privately-held of Veteran Affairs, and for other pur- farm, ranch, and forest land to volun- (Mr. SALAZAR) was added as a cosponsor of S. 667, a bill to expand programs poses. tarily make their land available for ac- of early childhood home visitation that S. 1166 cess by the public under programs ad- increase school readiness, child abuse At the request of Mr. WARNER, the ministered by States and tribal govern- and neglect prevention, and early iden- name of the Senator from Rhode Island ments. tification of developmental and health (Mr. WHITEHOUSE) was added as a co- S. 1576 delays, including potential mental sponsor of S. 1166, a bill to amend the At the request of Mr. KENNEDY, the health concerns, and for other pur- Internal Revenue Code of 1986 to ex- names of the Senator from Maryland poses. clude from gross income certain zone (Ms. MIKULSKI), the Senator from Indi- compensation of civilian employees of ana (Mr. BAYH) and the Senator from S. 678 the United States. Vermont (Mr. SANDERS) were added as At the request of Mrs. BOXER, the S. 1175 cosponsors of S. 1576, a bill to amend name of the Senator from Nevada (Mr. At the request of Mr. DURBIN, the the Public Health Service Act to im- REID) was added as a cosponsor of S. name of the Senator from Florida (Mr. prove the health and healthcare of ra- 678, a bill to amend title 49, United NELSON) was added as a cosponsor of S. cial and ethnic minority groups. States Code, to ensure air passengers 1175, a bill to end the use of child sol- S. 1587 have access to necessary services while diers in hostilities around the world, At the request of Ms. SNOWE, the on a grounded air carrier and are not and for other purposes. name of the Senator from Georgia (Mr. unnecessarily held on a grounded air S 1177 CHAMBLISS) was added as a cosponsor of carrier before or after a flight, and for . S. 1587, a bill to amend the Internal other purposes. At the request of Mr. CASEY, his name was added as a cosponsor of S. Revenue Code to allow a special depre- S. 725 1177, a bill to amend the Clean Air Act ciation allowance for reuse and recy- At the request of Mr. LEVIN, the to establish a national uniform mul- cling property and to provide for tax- name of the Senator from New York tiple air pollutant regulatory program exempt financing of recycling equip- (Mrs. CLINTON) was added as a cospon- for the electric generating sector. ment, and for other purposes. sor of S. 725, a bill to amend the Non- S. 1323 S. 1606 indigenous Aquatic Nuisance Preven- At the request of Mr. MCCONNELL, At the request of Mr. LEVIN, the tion and Control Act of 1990 to reau- the name of the Senator from Georgia name of the Senator from Louisiana thorize and improve that Act. (Mr. ISAKSON) was added as a cosponsor (Ms. LANDRIEU) was added as a cospon- S. 746 of S. 1323, a bill to prevent legislative sor of S. 1606, a bill to provide for the At the request of Mr. ALLARD, the and regulatory functions from being establishment of a comprehensive pol- name of the Senator from Minnesota usurped by civil liability actions icy on the care and management of (Mr. COLEMAN) was added as a cospon- brought or continued against food wounded warriors in order to facilitate sor of S. 746, a bill to establish a com- manufacturers, marketers, distribu- and enhance their care, rehabilitation, petitive grant program to build capac- tors, advertisers, sellers, and trade as- physical evaluation, transition from ity in veterinary medical education sociations for claims of injury relating care by the Department of Defense to and expand the workforce of veterinar- to a person’s weight gain, obesity, or care by the Department of Veterans Af- ians engaged in public health practice any health condition associated with fairs, and transition from military and biomedical research. weight gain or obesity. service to civilian life, and for other S. 774 S. 1386 purposes. At the request of Mr. DURBIN, the At the request of Mr. REED, the name S. 1668 names of the Senator from Delaware of the Senator from Michigan (Mr. At the request of Mr. DODD, the name (Mr. BIDEN), the Senator from Iowa LEVIN) was added as a cosponsor of S. of the Senator from Massachusetts (Mr. HARKIN) and the Senator from 1386, a bill to amend the Housing and (Mr. KERRY) was added as a cosponsor Rhode Island (Mr. WHITEHOUSE) were Urban Development Act of 1968, to proof S. 1668, a bill to assist in providing added as cosponsors of S. 774, a bill to vide better assistance to low- and mod- affordable housing to those affected by amend the Illegal Immigration Reform erate-income families, and for other the 2005 hurricanes. and Immigrant Responsibility Act of purposes. S. 1694 1996 to permit States to determine S. 1430 At the request of Mrs. BOXER, the State residency for higher education At the request of Mr. OBAMA, the name of the Senator from South Da- purposes and to authorize the cancella- names of the Senator from Oregon (Mr. kota (Mr. JOHNSON) was added as a co- tion of removal and adjustment of sta- SMITH), the Senator from Wisconsin sponsor of S. 1694, a bill to authorize tus of certain alien students who are (Mr. FEINGOLD) and the Senator from resources for sustained research and long-term United States residents and Minnesota (Ms. KLOBUCHAR) were added analysis to address colony collapse dis- who entered the United States as chil- as cosponsors of S. 1430, a bill to au- order and the decline of North Amer- dren, and for other purposes. thorize State and local governments to ican pollinators. S. 903 direct divestiture from, and prevent in- S. 1748 At the request of Mr. DURBIN, the vestment in, companies with invest- At the request of Mr. COLEMAN, the names of the Senator from Michigan ments of $20,000,000 or more in Iran’s name of the Senator from Wyoming (Mr. LEVIN), the Senator from Rhode energy sector, and for other purposes. (Mr. BARRASSO) was added as a cospon- Island (Mr. WHITEHOUSE) and the Sen- S. 1494 sor of S. 1748, a bill to prevent the Fed- ator from Vermont (Mr. SANDERS) were At the request of Mr. DOMENICI, the eral Communications Commission from added as cosponsors of S. 903, a bill to names of the Senator from Delaware repromulgating the fairness doctrine.

VerDate Aug 31 2005 07:16 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.066 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9615 S. 1766 Mercury is a potent neurotoxin that The time has come to finish these up- At the request of Mr. CASEY, his can cause serious developmental prob- grades and end the use of mercury in name was added as a cosponsor of S. lems in children, ranging from severe the chlor-alkali process, especially 1766, a bill to reduce greenhouse gas birth defects to mental retardation. As since these remaining plants rank emissions from the production and use many as 630,000 children born annually among the largest mercury emitters in of energy, and for other purposes. in the U.S. are at risk of neurological their respective states. S. 1771 afflictions related to mercury. In The bill I introduce today, the Miss- At the request of Mr. PRYOR, the adults, mercury can cause problems af- ing Mercury in Manufacturing Moni- name of the Senator from Massachu- fecting vision, motor skills, blood pres- toring and Mitigation Act, or M5 Act, setts (Mr. KERRY) was added as a co- sure and fertility. As many as 10 per- prohibits using mercury cells in the sponsor of S. 1771, a bill to increase the cent of women in the U.S. of child- chlorine or caustic soda manufacturing safety of swimming pools and spas by bearing age have mercury in their process by the year 2012. The M5 Act requiring the use of proper anti-entrap- blood at a level that could put a baby also puts procedures in place by mid- ment drain covers and pool and spa at risk. year 2008 to track and report mercury drainage systems, to educate the public Sampling conducted by the Tribune input and output in the chlor-alkali in- about pool and spa safety, and for showed surprisingly high levels of mer- dustry. The evidence suggests that be- other purposes. cury concentrations in freshwater and tween 2000 and 2004, the industry could S. 1810 saltwater fish purchased by Chicago not account for more than 130 tons of At the request of Mr. BROWNBACK, the area consumers, fish like tuna, sword- mercury. The EPA calls this ‘‘an enig- name of the Senator from Massachu- fish, orange roughy, and walleye. The ma.’’ The M5 Act addresses this enigma setts (Mr. KENNEDY) was added as a co- Tribune also reported on how existing by tightening up mercury tracking re- sponsor of S. 1810, a bill to amend the programs at the Food and Drug Admin- quirements. My bill also establishes an Public Health Service Act to increase istration and the Environmental Pro- advisory committee to study and rec- the provision of scientifically sound in- tection Agency have failed to ade- ommend methods for transfer and long- formation and support services to pa- quately test and evaluate mercury lev- term storage of mercury from closed or tients receiving a positive test diag- els in fish. closing facilities. And the bill directs nosis for Down syndrome or other pre- For all Americans, especially preg- the Agency for Toxic Substances and natally and postnatally diagnosed con- nant women and other at-risk groups, Disease Register to conduct a health ditions. there are risks to eating fish with high assessment at those facilities that still S. CON. RES. 31 mercury levels. That is why we need to use mercury after 2008. At the request of Mr. FEINGOLD, the work harder to get at the root causes It is important to point out that name of the Senator from California of mercury contamination. In the short there are alternatives to mercury in (Mrs. FEINSTEIN) was added as a co- term, some have proposed strategies the chlor-alkali process, more than 100 sponsor of S. Con. Res. 31, a concurrent that include eating less fish, or issuing plants worldwide have converted to resolution expressing support for ad- consumption advisories, or printing la- better technologies. We also know that vancing vital United States interests bels on tuna cans, or posting placards these alternatives are not cost-prohibi- through increased engagement in at the supermarket. Each of those tive. Statistics compiled in a recent re- health programs that alleviate disease strategies have their respective merits, port by the group Oceana demonstrate and reduce premature death in devel- but if we are really serious about mak- that conversion costs are substantially oping nations, especially through pro- ing fish safer to eat, we need to actu- similar to the cost of the continued use grams that combat high levels of infec- ally reduce the amount of mercury in of mercury, for example, the cost of tious disease, improve children’s and fish, and that means reducing the waste disposal, treatment, monitoring, women’s health, decrease malnutrition, amount of mercury used in industry. fines, and higher energy consumption reduce unintended pregnancies, fight When policymakers focus on address- associated with using the old tech- the spread of HIV/AIDS, encourage ing mercury sources, often coal-fired nology. healthy behaviors, and strengthen power plants and incinerators are at If there were simply no alternatives health care capacity. the top of the list. I think it is impor- to mercury for this industry, if other AMENDMENT NO. 2262 tant that we not overlook other technologies had not been proven on a At the request of Mr. KENNEDY, the sources, however, where new policies commercial scale, or if switching from name of the Senator from Alaska (Ms. could yield notable mercury reductions mercury was simply too expensive, MURKOWSKI) was added as a cosponsor in the short term using methods that then I could understand if there were of amendment No. 2262 intended to be are achievable and affordable. One such strong arguments against this legisla- proposed to H.R. 1585, to authorize ap- source is the chlor-alkali industry. tion. But here we actually have a situ- propriations for fiscal year 2008 for Chlor-alkali facilities manufacture ation where mercury use could actu- military activities of the Department chlorine gas and caustic soda, impor- ally be phased out within a rather of Defense, for military construction, tant chemicals that serve as the build- short period of time, improving the and for defense activities of the De- ing blocks of many of the products and health of children and families. So the partment of Energy, to prescribe mili- plastics essential to modem everyday choice is whether we want to wait an- tary personnel strengths for such fiscal life. For more than 100 years, mercury other decade and hope that improve- year, and for other purposes. has been a key component in the chlo- ments happen, or whether we want to rine process. Since 1974, however, about f ensure that mercury is phased out be- 115 plants worldwide have converted to ginning today. I hope my colleagues STATEMENTS ON INTRODUCED better technologies such as membrane will choose the latter, and I urge their BILLS AND JOINT RESOLUTIONS and diaphragm cells. Today in the U.S. support of this bill. By Mr. OBAMA: more than 90 percent of the chlor-al- S. 1818. A bill to amend the Toxic kali industry has switched from using By Mrs. FEINSTEIN (for herself Substances Control Act to phase out mercury to using these alternative and Mrs. BOXER): the use of mercury in the manufacture catalysts. Moreover, of the 8 plants in S. 1820. A bill to better provide for of chlorine and caustic soda, and for the U.S. that still use mercury, 3 are in compensation for certain persons in- other purposes; to the Committee on the process of stopping. The remaining jured in the course of employment at Environment and Public Works. 5, however, have made no such commit- the Santa Susana Field Laboratory in Mr. OBAMA. Mr. President, today I ment. It is also worth noting that in California; to the Committee on reintroduce legislation initially in- 2005 alone, the 5 uncommitted mercury Health, Education, Labor, and Pen- spired by an indepth report published using plants released more than 4,400 sions. in late 2005 by the Chicago Tribune pounds of mercury into the air, on av- Mrs. FEINSTEIN. Mr. President, I that highlighted the extent of mercury erage four times the average mercury rise to introduce legislation to enable contamination in the fish eaten by the releases of a standard coal-fired power hundreds of former Santa Susana Field American people. plant. Laboratory workers or their survivors

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This bill would help people like Betty The Ready to Learn Act will help This bill fulfills the intent of Con- Reo. prepare children for kindergarten by gress when it approved the act, pro- I urge my colleagues to join me in providing funding for States to estab- viding compensation and care for nu- correcting these injustices and cutting lish high-quality early learning pro- clear program workers who suffered se- through the ‘‘red tape’’ that prevents grams to promote school readiness for vere health problems caused by on-the- Santa Susana Field Laboratory work- four-year-olds in their State. States job exposure to radiation. ers, and their families, from receiving will apply for funding through a com- Specifically, this bill will provide a fair compensation. petitive process to establish and ad- special status designation, under the For many, such as Ms. Reo, time is minister voluntary preschool pro- Energy Employees Occupational Illness running out. We can no longer afford to grams; this legislation will allow gov- Compensation Act, to Santa Susana delay, and this bill provides a straight- ernors to build on pre-existing early Field Laboratory employees, so they forward solution to fix a broken sys- childhood systems. Schools, child care can receive the benefits they deserve. tem. entities, Head Start programs, or other The bill would extend the ‘‘special I ask unanimous consent that the community providers of pre-kinder- exposure cohort’’ status to Department text of the bill be printed in the garten programs are all eligible for of Energy employees, Department of RECORD. funding. Energy contract employees, or atomic There being no objection, the text of To ensure high-quality programs weapons employees who worked at the the bill was ordered to be printed in that properly prepare children to be Santa Susana Field Laboratory for at the RECORD, as follows: ready to learn, State plans will require least 250 days prior to January 1, 2006. S. 1820 qualified teachers, a developmentally, This revision will provide the act’s Be it enacted by the Senate and House of Rep- culturally and linguistically appro- benefits to any of those workers who resentatives of the United States of America in priate early learning curriculum and contracted a radiation-linked cancer Congress assembled, support for professional development. due to their employment at the Santa SECTION 1. DEFINITION OF MEMBER OF SPECIAL Research has shown the early years Susana Field Laboratory. EXPOSURE COHORT. are critical in a child’s development (a) IN GENERAL.—Section 3621(14) of the En- and that pre-kindergarten education Workers at the Santa Susana Field ergy Employees Occupational Illness Com- Laboratory played a significant role in pensation Program Act of 2000 (42 U.S.C. offers benefits that extend through the keeping our Nation secure during the 7384l(14)) is amended by adding at the end the first years of school and beyond. Chil- Cold War. They helped develop our nu- following new subparagraph: dren who attend high-quality pre-k clear weapons program, a cornerstone ‘‘(D) The employee was so employed for a programs are less likely to be held of our national defense. number of work days aggregating at least 250 back a grade or to need special edu- Sadly, many workers of this era were work days before January 1, 2006, by the De- cation, and they are more likely to exposed to radiation on a regular basis. partment of Energy or a Department of En- graduate from high school. They also But the records are incomplete and in- ergy contractor or subcontractor at the have higher earnings as adults and are Santa Susana Field Laboratory in Cali- accurate. Some records show only esti- fornia.’’. less likely to become dependent on wel- mated levels of exposure for workers, (b) REAPPLICATION.—A claim that an indi- fare or involved in crime. and are imprecise. In other cases, if vidual qualifies, by reason of section While some parents can afford high- there were records kept, they can’t be 3621(14)(D) of the Energy Employees Occupa- quality pre-kindergarten opportunities found today. tional Illness Compensation Program Act of for their children, so many hard work- Many Santa Susana Field Laboratory 2000 (as added by subsection (a) of this Act), ing families simply can’t. As a result, workers were not aware of the hazards for compensation or benefits under such Act in today’s current education system, it at their workplace. Remarkably, no shall be considered for compensation or ben- is not unusual for children to arrive at efits notwithstanding any denial of any preventative equipment like res- other claim for compensation with respect to kindergarten already behind their pirators, gloves, or body suits were pro- such individual. peers. Nearly 50 percent of all kinder- vided to workers. garten teachers report that at least More than 600 claims for compensa- By Mrs. CLINTON (for herself half of their students come to school tion have been filed by Santa Susana and Mr. BOND): with problems that hinder their suc- Field Lab workers. Mr. President, 90 S. 1823. A bill to set the United cess. One in every six kindergartners percent of those have been denied due States on track to ensure children are needs specialized one-on-one tutoring to lack of documentation, or inability ready to learn when they begin kinder- or special instruction in a small group. to prove exposure thresholds. garten; to the Committee on Health, Each year, more than 200,000 children Santa Susana Field Lab workers and Education, Labor, and Pensions. repeat kindergarten. their families now face the burden of Mrs. CLINTON. Mr. President, sup- Back when I was First Lady, I hosted having to reconstruct exposure sce- porting our children and early child- a White House Conference on Early narios that existed more than 40 years hood education are critical to keeping Childhood Development and Learning, ago, in most cases with no documenta- America competitive. Today I am where expert after expert emphasized tion. pleased to introduce the Ready to the importance of these early years. A The case of my constituent, Betty Learn Act, legislation that will help child who arrives at kindergarten Reo, provides a stunning example of families in New York and across the ready to learn has a far greater chance why this legislation is necessary. country by preparing children for kin- of excelling, not only in his or her Ms. Reo’s husband, Cosmo Reo, dergarten. I am pleased my colleague early years, but far into his academic worked at the Santa Susana Field Lab- Senator BOND, a long-time leader in career. Studies show that children who oratory as an instrumentation me- early childhood development, has learn the names and sounds of letters chanic from April 18, 1957, until May 17, partnered with me in introducing this before entering kindergarten are 20 1960. Cosmo worked in the rocket test- essential legislation. times more likely to read simple words ing pits and was exposed to hydrazine, Since my time as a law student, I by the end of kindergarten than chil- trichlorethylene and other cancer- have worked to spread information dren who enter kindergarten not know- causing chemicals which attack the about the importance of care and edu- ing the letters of the alphabet. Chil- lungs, bladder and kidneys. cation for our children, especially our dren who do not know their letters Cosmo died of renal failure in 1980. youngest children. It is critical that we prior to kindergarten too often fail to Ms. Reo applied for benefits under the provide them with every possible op- catch up with their peers who do. Energy Employees Occupational Injury portunity to learn, grow, and develop Eighty-eight percent of children who

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One step towards improving health the RECORD, as follows: Like many of my colleagues, I have care quality is collecting, analyzing, S. 1825 seen what happens when we invest in and reporting on health care quality, Be it enacted by the Senate and House of Rep- our children. We already know that for using measures that have been devel- resentatives of the United States of America in every one dollar we spend on early oped, validated, and accepted by the Congress assembled, childhood education, we reap seven dol- medical community. Not only will such SECTION 1. SHORT TITLE. lars as a society. I have seen what hap- measures assist hospitals by identi- This Act may be cited as the ‘‘Commission pens when caring adults come together fying problem areas and facilitating on Wartime Contracting Establishment and make the commitment to ensuring monitoring for improvement, but the Act’’. that our children can fulfill their God- transparency through public reporting SEC. 2. STUDY AND INVESTIGATION OF WARTIME given potential. will also help consumers and payers CONTRACTS AND CONTRACTING PROCESSES IN OPERATION IRAQI I saw it back in Arkansas when we make informed decisions about where FREEDOM AND OPERATION ENDUR- brought HIPPY to America to teach to obtain health services. ING FREEDOM. parents how they could educate their The Hospital Quality Report Card (a) COMMISSION ON WARTIME CON- children. We taught them about the Act grants the Secretary of Health and TRACTING.— importance of reading to their chil- Human Services the power to collect (1) ESTABLISHMENT.—There is hereby estab- dren, and using household objects to hospital information related to the lished a commission to be known as the staffing levels of nurses and health pro- ‘‘Commission on Wartime Contracting’’ (in teach basic lessons. this subsection referred to as the ‘‘Commis- I have seen it in visiting Head Start fessionals, the accreditation of hos- sion’’). programs where children were learning pitals, the quality of care for vulner- (2) MEMBERSHIP MATTERS.— to read, learning to count and solve able populations, the availability of (A) MEMBERSHIP.—The Commission shall problems, learning to share and inter- specialty services and intensive care be composed of 8 members, as follows: act with others and thrive in a struc- units, hospital acquired infections, (i) 2 members shall be appointed by the tured environment. measures of crowding in emergency Majority Leader of the Senate, in consulta- We are seeing it around the country rooms, and other indicators of quality tion with the Chairmen of the Committee on in States that have already started in- care. This information—focused on Armed Services and the Committee on Homeland Security and Governmental Af- vesting in early childhood programs. health care effectiveness, safety, time- fairs of the Senate. The Ready to Learn Act will support liness, efficiency, patient-centeredness, (ii) 2 members shall be appointed by the and build on that success. and equity—will be electronically ac- Speaker of the House of Representatives, in Supporting our children and early cessible to the public. The report card consultation with the Chairmen of the Com- childhood education are critical to initiative builds upon current work at mittee on Armed Services and the Com- keeping America competitive. It is my the Centers for Medicare and Medicaid mittee on Oversight and Government Reform hope that my colleagues will join Sen- Services, as well as initiatives in a of the House of Representatives. (iii) 1 member shall be appointed by the ator BOND and I in supporting this im- number States including my own home Minority Leader of the Senate, in consulta- portant legislation. State of Illinois. I am proud to report tion with the Ranking Minority Members of that I was the primary sponsor of the the Committee on Armed Services and the By Mr. OBAMA: Illinois Hospital Report Card Act that Committee on Homeland Security and Gov- S. 1824. A bill to amend title XVIII of passed into law in 2003 and took effect ernmental Affairs of the Senate. the Social Security Act to establish a in 2004. (iv) 1 member shall be appointed by the Mi- Hospital Quality Report Card Initiative Our Nation’s reputation of having nority Leader of the House of Representa- under the Medicare program to assess one of the best health care systems in tives, in consultation with the Ranking Mi- and report on health care quality in the world needs to be restored, and this nority Member of the Committee on Armed hospitals; to the Committee on Fi- Services and the Committee on Oversight won’t happen until we can assure the and Government Reform of the House of Rep- nance. American people that our hospitals are Mr. OBAMA. Mr. President, I rise resentatives. doing a better job offering top-notch (v) 1 member shall be appointed by the today to reintroduce the Hospital Qual- quality care. The Hospital Quality Re- Secretary of Defense. ity Report Card Act, a quality-focused port Card Initiative will help by ex- (vi) 1 member shall be appointed by the initiative that will actively engage all panding and reporting quality meas- Secretary of State. relevant stakeholder groups—patients, urement, which will provide an incen- (B) DEADLINE FOR APPOINTMENTS.—All ap- providers, administrators, and payers— tive for hospitals to do better and valu- pointments to the Commission shall be made and increase availability of informa- not later than 90 days after the date of the able information to patients and con- enactment of this Act. tion about the quality of health care sumers. I ask that you support the Hos- services in local hospitals and health (C) CHAIRMAN AND VICE CHAIRMAN.— pital Quality Report Card Act and help (i) CHAIRMAN.—The chairman of the Com- systems. my efforts to pass this legislation. mission shall be a member of the Commis- We know that overall performance in sion selected by the members appointed our Nation’s hospitals can vary tre- By Mr. WEBB (for himself, Mrs. under clauses (i) and (ii) of subparagraph (A), mendously, and is mediocre at best in MCCASKILL, Ms. KLOBUCHAR, but only if approved by the vote of a major- many institutions. The academic lit- Mr. BROWN, Mr. CASEY, Mr. ity of the members of the Commission. erature has documented serious issues TESTER, Mr. CARDIN, Mr. (ii) VICE CHAIRMAN.—The vice chairman of the Commission shall be a member of the in health care quality for treatment of WHITEHOUSE, Mr. SANDERS, Mr. a number of conditions, including car- Commission selected by the members ap- DURBIN, Mr. LEVIN, Mr. CARPER, pointed under clauses (iii) and (iv) of sub- diac arrhythmias, hip replacements, Mrs. FEINSTEIN, Mr. KERRY, Mr. paragraph (A), but only if approved by the and alcohol dependence to name just a JOHNSON, Mrs. BOXER, Mr. vote of a majority of the members of the few. But discussions of health care OBAMA, Mr. LEAHY, Mr. HARKIN, Commission. quality are not limited to academic ex- Ms. STABENOW, Mr. DODD, and (3) DUTIES.— ercises; patients and their families ex- Ms. LANDRIEU): (A) GENERAL DUTIES.—The Commission perience medical errors and sub- S. 1825. A bill to provide for the study shall study and investigate the following standard hospital care every day. Just and investigation of wartime contracts matters: last month, the L.A. Times reported an and contracting processes in Operation (i) Federal agency contracting for the reconstruction of Iraq and Afghanistan. extreme case involving Ms. Edith Isa- Iraqi Freedom and Operation Enduring (ii) Federal agency contracting for the bel Rodriguez. Ms. Rodriguez, a 43-year Freedom, and for other purposes; to the logistical support of coalition forces in Oper- old American woman with a perforated Committee on Homeland Security and ation Iraqi Freedom and Operation Enduring bowel, suffered an excruciating and Governmental Affairs. Freedom.

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(iii) Federal agency contracting for the contracts and contracts for contingency op- (D) PERSONNEL.—The Commission shall performance of security and intelligence erations; and have the authorities provided in section 3161 functions in Operation Iraqi Freedom and (VII) the process by which roles and re- of title 5, United States Code, and shall be Operation Enduring Freedom. sponsibilities with respect to wartime con- subject to the conditions set forth in such (B) SCOPE OF CONTRACTING COVERED.—The tracts and contracts for contingency oper- section, except to the extent that such con- Federal agency contracting covered by this ations are distributed among the various de- ditions would be inconsistent with the re- paragraph includes contracts entered into partments and agencies of the Federal Gov- quirements of this subsection. both in the United States and abroad for the ernment, and interagency coordination and (E) DETAILEES.—Any employee of the Fed- performance of activities described in sub- communication mechanisms associated with eral Government employee may be detailed paragraph (A), whether performed in the wartime contracts and contracts for contin- to the Commission without reimbursement United States or abroad. gency operations. from the Commission, and such detailee (C) PARTICULAR DUTIES.—In carrying out (5) OTHER POWERS AND AUTHORITIES.— shall retain the rights, status, and privileges the study under this paragraph, the Commis- (A) HEARINGS AND EVIDENCE.—The Commis- of his or her regular employment without sion shall assess— sion or, on the authority of the Commission, interruption. (i) the extent and impact of the reliance of any subcommittee or member thereof, may, (F) SECURITY CLEARANCES.—The appro- the Federal Government on contractors to for the purpose of carrying out this sub- priate departments or agencies of the Fed- perform functions (including security, intel- section— eral Government shall cooperate with the ligence, and management functions) in Oper- (i) hold such hearings and sit and act at Commission in expeditiously providing to ation Iraqi Freedom and Operation Enduring such times and places, take such testimony, the Commission members and staff appro- Freedom; receive such evidence, administer such priate security clearances to the extent pos- (ii) the performance of the contracts under oaths; and sible pursuant to existing procedures and re- review, and the mechanisms used to manage (ii) subject to subparagraph (B)(i), require, quirements, except that no person shall be the performance of the contracts under re- by subpoena or otherwise, require the at- provided with access to classified informa- view; tendance and testimony of such witnesses tion under this section without the appro- (iii) the extent of waste, fraud, abuse, or and the production of such books, records, priate security clearances. mismanagement under such contracts; correspondence, memoranda, papers, and (G) VIOLATIONS OF LAW.— (iv) the extent to which those responsible documents, (i) REFERRAL TO ATTORNEY GENERAL.—The for such waste, fraud, abuse, or mismanage- as the Commission or such designated sub- Commission may refer to the Attorney Gen- ment have been held financially or legally committee or designated member may deter- eral any violation or potential violation of accountable; and mine advisable. law identified by the Commission in carrying (v) the appropriateness of the organiza- (B) SUBPOENAS.— out its duties under this subsection. tional structure, policies, and practices of (i) ISSUANCE.— (ii) REPORTS ON RESULTS OF REFERRAL.— the Department of Defense and the Depart- (I) IN GENERAL.—A subpoena may be issued The Attorney General shall submit to Con- ment of State for handling contingency con- under subparagraph (A) only— gress a report on each prosecution and contract management and support. (aa) by the agreement of the chairman and viction that results from a referral made EPORTS.— (4) R the vice chairman; or under this subparagraph. (A) INTERIM REPORT.—Not later than one (bb) by the affirmative vote of 5 members (6) TERMINATION.—The Commission shall year after the date of the appointment of all of the Commission. terminate on the date that is 60 days after of the members of the Commission under (II) SIGNATURE.—Subject to subclause (I), the date of the submittal of its final report paragraph (2), the Commission shall submit subpoenas issued under this subparagraph under paragraph (4)(C). to Congress an interim report on the study may be issued under the signature of the (7) CONTINGENCY OPERATION DEFINED.—In carried out under paragraph (3), including chairman or any member designated by a this subsection, the term ‘‘contingency oper- the results and findings of the study as of majority of the Commission, and may be ation’’ has the meaning given that term in that date. served by any person designated by the section 101 of title 10, United States Code. (B) OTHER REPORTS.—The Commission may chairman or by a member designated by a (b) INVESTIGATION OF WASTE, FRAUD, from time to time submit to Congress such majority of the Commission. ABUSE, AND MISMANAGEMENT.— other reports on the study carried out under (ii) ENFORCEMENT.— (1) IN GENERAL.—The Special Inspector paragraph (3) as the Commission considers (I) IN GENERAL.—In the case of contumacy appropriate. or failure to obey a subpoena issued under General for Iraq Reconstruction shall, in col- (C) FINAL REPORT.—Not later than two clause (i), the United States district court laboration with the Inspector General of the years after the date of the appointment of all for the judicial district in which the subpoe- Department of Defense, the Inspector Gen- of the members of the Commission under naed person resides, is served, or may be eral of the Department of State, and the In- paragraph (2), the Commission shall submit found, or where the subpoena is returnable, spector General of the United States Agency to Congress a report on the study carried out may issue an order requiring such person to for International Development and in con- under paragraph (3). The report shall— appear at any designated place to testify or sultation with the Commission on Wartime (i) include the findings of the Commission; to produce documentary or other evidence. Contracting established by subsection (a), (ii) identify lessons learned on the con- Any failure to obey the order of the court conduct a series of audits to identify poten- tracting covered by the study; and may be punished by the court as a contempt tial waste, fraud, abuse, or mismanagement (iii) include specific recommendations for of that court. in the performance of— improvements to be made in— (II) ADDITIONAL ENFORCEMENT.—In the case (A) Department of Defense contracts and (I) the process for developing contract re- of any failure of any witness to comply with subcontracts for the logistical support of co- quirements for wartime contracts and con- any subpoena or to testify when summoned alition forces in Operation Iraqi Freedom tracts for contingency operations; under authority of subclause (I) or this sub- and Operation Enduring Freedom; and (II) the process for awarding contracts and clause, the Commission may, by majority (B) Federal agency contracts and sub- task orders for wartime contracts and con- vote, certify a statement of fact constituting contracts for the performance of security, in- tracts for contingency operations; such failure to the appropriate United States telligence, and reconstruction functions in (III) the process for managing and pro- attorney, who may bring the matter before Operation Iraqi Freedom and Operation En- viding oversight for the performance of war- the grand jury for its action, under the same during Freedom. time contracts and contracts for contin- statutory authority and procedures as if the (2) SCOPE OF AUDITS OF CONTRACTS.—Each gency operations; United States attorney had received a cer- audit conducted pursuant to paragraph (1)(A) (IV) the process for holding contractors tification under sections 102 through 104 of shall focus on a specific contract, task order, and their employees accountable for waste, the Revised Statutes of the United States (2 or site of performance under a contract or fraud, abuse, or mismanagement under war- U.S.C. 192 through 194). task order and shall examine, at a minimum, time contracts and contracts for contin- (C) ACCESS TO INFORMATION.—The Commis- one or more of the following issues: gency operations; sion may secure directly from the Depart- (A) The manner in which requirements (V) the process for determining which func- ment of Defense and any other department were developed. tions are inherently governmental and which or agency of the Federal Government any in- (B) The procedures under which the con- functions are appropriate for performance by formation or assistance that the Commission tract or task order was awarded. contractors in an area of combat operations considers necessary to enable the Commis- (C) The terms and conditions of the con- (including an area of a contingency oper- sion to carry out the requirements of this tract or task order. ation), including a determination whether subsection. Upon request of the Commission, (D) The contractor’s staffing and method the use of civilian contractors to provide se- the head of such department or agency shall of performance, including cost controls. curity in an area of combat operations is a furnish such information expeditiously to (E) The efficacy of Department of Defense function that is inherently governmental; the Commission. Whenever information or management and oversight, Department of (VI) the organizational structure, policies assistance requested by the Commission is State management and oversight, and and practices of the Department of Defense unreasonably refused or not provided, the United States Agency for International De- and the Department of State handling con- Commission shall report the circumstances velopment management and oversight, in- tract management and support for wartime to Congress without delay. cluding the adequacy of staffing and training

VerDate Aug 31 2005 07:16 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.072 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9619 of officials responsible for such management SECTION 1. KENTUCKY STATE UNIVERSITY 2003 failed to sufficiently ensure Medi- and oversight. QUALIFIED GRADUATE PROGRAM. care patients would have quality access Section 326(e)(1) of the Higher Education (F) The flow of information from the con- to prescription medicines available at tractor to officials responsible for contract Act of 1965 (20 U.S.C. 1063b(e)(1)) is amended— local pharmacies. management and oversight. The new drug program took effect at (3) SCOPE OF AUDITS OF OTHER CONTRACTS.— (1) in subparagraph (Q), by striking ‘‘and’’ Each audit conducted pursuant to paragraph after the semicolon; the beginning of 2006. We now know (1)(B) shall focus on a specific contract, task (2) in subparagraph (R), by striking the pe- that during that year over 1,100 com- order, or site of performance under a con- riod at the end and inserting ‘‘; and’’; and munity pharmacies across the country tract or task order and shall examine, at a (3) by adding at the end the following: closed their doors according to the Na- minimum, one or more of the following ‘‘(S) Kentucky State University qualified tional Community Pharmacists Asso- issues: graduate program.’’. ciation. (A) The manner in which the requirements It is critical to me that patients liv- By Mr. COCHRAN (for himself, were developed and the contract or task ing in small towns throughout Arkan- order was awarded. Mr. PRYOR and Mr. ENZI): sas and across America have access to (B) The manner in which the Federal agen- S. 1827. A bill to amend title XVIII of cy exercised control over the contractor’s community pharmacies. the Social Security Act to require While I believe major reforms need to performance. prompt payment to pharmacies under (C) The extent to which operational field be made in the Medicare prescription part D, to restrict pharmacy co-brand- drug benefit, I believe that the bipar- commanders are able to coordinate or direct ing on prescription drug cards issued the contractor’s performance in an area of tisan bill I introduced with Senator under such part, and to provide guide- combat operations. COCHRAN and ENZI today is an achiev- (D) The extent to which the functions per- lines for Medication Therapy Manage- able first step in making the Medicare formed were appropriate for performance by ment Services programs offered by pre- drug benefit work better for patients a contractor. scription drug plans and MA–PD plans and pharmacists who are local front (E) The degree to which contractor em- under such part; to the Committee on line health care providers. ployees were properly screened, selected, Finance. trained, and equipped for the functions to be This bill will ensure that pharmacies Mr. COCHRAN. Mr. President, imple- are paid on a timely basis for prescrip- performed. mentation of the Medicare prescription (F) The nature and extent of any incidents tions that are filled for Medicare bene- drug plan has helped provide prescrip- ficiaries. It can take a month for phar- of misconduct or unlawful activity by con- tion drug coverage for millions of tractor employees. macies to be paid now, and this bill (G) The extent to which any incidents of Medicare beneficiaries who previously will ensure that pharmacies get paid misconduct or unlawful activity were re- did not have access to medications. electronically for clean claims within ported, documented, investigated, and Many seniors are now paying less for 10 business days. (where appropriate) prosecuted. prescription drugs and the savings for Seniors should have a choice con- (4) CONTINUATION OF SPECIAL INSPECTOR the prescription drug program are even cerning what pharmacy they use. Our GENERAL.— greater than expected. The Centers for (A) IN GENERAL.—Notwithstanding section bill codifies regulations ensuring that Medicare and Medicaid Services, CMS, Medicare drug cards are not cobranded 3001(o) of the Emergency Supplemental Ap- and health care providers worked to- propriations Act for Defense and for the Re- with the name of a pharmacy, leaving construction of Iraq and Afghanistan, 2004 gether to plan and implement this pro- beneficiaries under the impression that (Public Law 108–106; 5 U.S.C. App. 8G note), gram and from the beginning, phar- the card may only be good at a single, the Office of the Special Inspector General macists played a significant role in large chain pharmacy. for Iraq Reconstruction shall not terminate making this benefit successful. Phar- Cards could be cobranded in the first until the date that is 60 days after the date macists assisted their Medicare pa- year of the program. Regulations proof the submittal under paragraph (4)(C) of tients in the selection and enrollment hibit that happening this year, but our subsection (a) of the final report of the Com- process and filled prescriptions for pa- mission on Wartime Contracting established bill ensures this will not be a problem tients, regardless of the guarantee of in the future. by subsection (a). timely reimbursement. Pharmacists (B) REAFFIRMATION OF CERTAIN DUTIES AND The bill will also help ensure that continue to be diligent in serving their RESPONSIBILITIES.—Congress reaffirms that medicines are used appropriately. the Special Inspector General for Iraq Recon- patients and providing much-needed Pharmacists are the best trained pro- struction retains the duties and responsibil- medications, despite financial difficul- viders in our health care system to en- ities in sections 4 of the Inspector General ties they have encountered in pro- sure prescribed medications are used Act of 1978 (5 U.S.C. App. 4; relating to re- viding these services. correctly. The bill creates a 2 year ports of criminal violations to the Attorney We are introducing a bill today to as- community-based medication therapy General) and section 5 of the Inspector Gen- sist pharmacists as they continue to eral Act of 1978 (5 U.S.C. App. 5; relating to management demonstration program serve their patients and as they help to using pharmacists to provide services. reports to Congress) as expressly provided in continue the success of the Medicare subsections (f)(3) and (i)(3), respectively, of section 3001 of the Emergency Supplemental drug benefit. This bill will allow phar- By Mr. INHOFE: Appropriations Act for Defense and for the macists to achieve efficiencies in reim- S. 1828. A bill to require the Adminis- Reconstruction of Iraq and Afghanistan, bursement for the products they pro- trator of the Environmental Protection 2004. vide to Medicare beneficiaries. This is Agency to conduct a study of the feasi- (c) AUTHORIZATION OF APPROPRIATIONS.— especially important to the small, bility of increasing the consumption in There is authorized to be appropriated such rural independent pharmacies in my the United States of certain ethanol- sums as may be required to carry out the State. This legislation will also provide blended gasoline; to the Committee on provisions of this section. incentives for pharmacists and other Environment and Public Works. By Mr. MCCONNELL: providers to help beneficiaries better Mr. INHOFE. Mr. President, I rise S. 1826. A bill to add Kentucky State use their medications, adhere to their today to introduce a small but impor- University to the list of schools eligi- drug regimens, and utilize cost saving tant bill that seeks to improve the ble for assistance under part B of title medication therapy management pro- quality of the air we breathe and in- III of the Higher Education Act of 1965; grams. crease the level of public involvement to the Committee on Health, Edu- I am pleased to offer this legislation under the Clean Air Act. cation, Labor, and Pensions. that will help continue the success of The senior Senator from Rhode Is- I ask unanimous consent that the the Medicare prescription drug benefit. land joined me in sponsoring an iden- text of the bill be printed in the Mr. PRYOR. Mr. President, earlier tical version of this bill as an amend- RECORD. today I joined with Senators COCHRAN ment to the energy bill. Unfortunately, There being no objection, the text of and ENZI to introduce the Pharmacist there was an objection to clearing that the bill was ordered to be printed in Access and Recognition in Medicare amendment for unknown reasons. the RECORD, as follows: Act of 2007. This is bipartisan legisla- The objection was a surprise, particu- S. 1826 tion that will help ensure patients have larly given the widespread support Be it enacted by the Senate and House of Rep- access to local pharmacies. across a variety of industries and advo- resentatives of the United States of America in I am concerned that the Medicare cacy groups. In fact, the Natural Re- Congress assembled, Modernization Act that was enacted in sources Defense Council and American

VerDate Aug 31 2005 07:16 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.072 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9620 CONGRESSIONAL RECORD — SENATE July 19, 2007 Lung Association sent Senator REED Mr. LEAHY. I am pleased to intro- 110,200 children. The center raised its and me a letter of support. duce the Protect Our Children First recovery rate from 64 percent in the Under current law, the Clean Air Act Act of 2007, which will reauthorize 1990s to 96 percent today. The center allows a petition for a new renewable funding for the National Center for has set up a nationwide, toll free, 24- fuel or renewable fuel additive, includ- Missing and Exploited Children, hour telephone hotline to take reports ing mid-level ethanol blends, to be ap- NCMEC through fiscal year 2013, and about missing children and clues that proved without EPA taking any action increase Federal support and coordina- might lead to their recovery, a Na- whatsoever, not asking for public com- tion to help NCMEC programs to find tional Child Pornography Tipline to ment, not conducting studies on the missing children across the Nation. I handle calls from individuals reporting safety or emissions impacts and not re- am glad that Senator HATCH has joined the sexual exploitation of children viewing existing emissions or safety me in introducing this bill, along with through the production and distribu- studies. In fact, current law provides Senators LINCOLN and SHELBY. As tion of pornography, and a that a petition is deemed approved members of the Missing and Exploited CyberTipline to process online leads even if EPA fails to act or make a de- Children’s Caucus, we have all worked from individuals reporting the sexual termination one way or another. together on numerous pieces of legisla- exploitation of children. It has taken Environmental law and the Clean Air tion to protect the safety and welfare the lead in circulating millions of pho- Act specifically, is premised upon pub- of our children, and I thank them for tographs of missing children, and it lic input and involvement. It is critical their continued leadership and for join- serves as a vital resource for the 17,000 that this section of the Act, as else- ing me in introducing this bill. law enforcement agencies located where, provide for adequate stake- Just a few months ago, we com- throughout the Nation in the search holder involvement. My bill would memorated the 25th National Missing for missing children and in the pursuit force EPA to give public notice and Children’s Day, when our Nation par- of adequate child protection. seek public comment from all inter- ticularly remembers our commitment The center has also developed a ested persons on any petition for a new to work together in locating and recov- ‘‘Cold Case Unit’’ within the Missing renewable fuel or renewable fuel addi- ering missing children. It pains us all Children Division that focuses on long- tive. to see on TV, in the newspapers or on term missing children cases. By using Safeguarding air quality is critical, milk cartons photo after photo of miss- age progression technology, NCMEC but guaranteeing that the engines that ing children from various comers of our has recovered 741 missing children. consumers rely on is important as well. country. As a father and grandfather, I NCMEC forensic artists have also iden- Studies done by Australia’s EPA found know that an abducted child is the tified 24 missing children by using fa- that mid-level ethanol blends can worst nightmare. Unfortunately, it is a cial reconstructions of unidentified re- cause the following problems with nightmare that happens all too often. mains. motor vehicle and small, off-road en- Indeed, the Justice Department esti- In order to help the center solve gines: failure of exhaust components, mates that 2,200 children are reported these long-term cases, Section 5 of this bill would allow an Inspector General for example catalyst, due to heat/dura- missing each day. There are approxi- to provide staff support to NCMEC for bility, engine damage and seizure, en- mately 114,600 attempted stranger ab- the purpose of conducting reviews of gine stalling and stopping, failure of ductions every year, with 3,000 to 5,000 inactive case files to develop rec- engine cut-off switches, unexpected en- of those attempts succeeding. Experts ommendations for further investiga- gagement of cutting blades/chains, and estimate that children and youth com- prise between 85 percent and 90 percent tion. The Inspector General commu- fuel leaks and blockage of fuel lines. nity has one of the most diverse and My bill directs EPA, with DOE’s and of missing person reports. These families deserve the assistance of the Amer- talented criminal investigative cadres USDA’s assistance, to study whether in the Federal Government. A vast ma- ican people and a helping hand from the use of higher ethanol blends pose jority of these special agents have the Congress and from Federal agen- safety, air quality, or engine oper- come from traditional law enforcement ability concerns in motor vehicle and cies. As the Nation’s top resource center agencies, and they are highly trained nonroad engines, and equipment. and extremely capable of dealing with for child protection, the National Cen- Ethanol proponents should support complex criminal cases. this bill. The ethanol industry cannot ter for Missing and Exploited Children Under current law, an Inspector Gen- afford to have consumers turn against spearheads national efforts to locate eral’s duties are limited to activities their product if higher levels of ethanol and recover missing children and raises related to the programs and operations blends cause their snowmobile, public awareness about ways to pre- of an agency. Our bill would allow an chainsaw, or boat engine to shut down. vent child abduction, molestation and Inspector General to permit criminal If EPA’s study shows that these higher sexual exploitation. NCMEC works to investigators under his or her super- blends are safe for all engines, then the make our children safer by being a na- vision to review cold case files, so long ethanol industry will benefit from the tional voice and advocate for those too as doing so would not interfere with study. young to vote or speak up for their own normal duties. An Inspector General This bill is about good Government rights. The center operates under a would not conduct actual investiga- and transparent Government. EPA Congressional mandate and works in tions, and any Inspector General would should not be permitted to approve cooperation with the U.S. Department only commit staff when the office’s these petitions ‘‘in the dark of night,’’ of Justice’s Office of Juvenile Justice mission-related workloads permitted. without public participation. and Delinquency Prevention to coordi- At no time would these activities be al- The bill that I am introducing today, nate the efforts of law enforcement of- lowed to conflict with or delay the like the amendment that Senator REED ficers, social service agencies, elected stated missions of an Inspector Gen- and I offered during the energy bill, officials, judges, prosecutors, edu- eral. will simply make sure that EPA car- cators, the U.S. Marshals Service, and The Protect Our Children First Act ries out its duty to protect human the public and private sectors to break also gives the Center better tools for health and the environment, increase the cycle of violence that historically working in coordination with Federal, the public’s role under the Clean Air has perpetuated these needless crimes State, and local law enforcement agen- Act, and shed light on a currently pri- against children. Child advocates like cies to find missing children. This bill vate process. John Walsh, who worked hard in help- would provide analytical and technical ing Congress enact the National Cen- support to assist law enforcement Mr. LEAHY (for himself, Mr. ter’s charter, also continue to support agencies in searching public databases HATCH, Mrs. LINCOLN, and Mr. the center’s vital work. to identify missing children and to lo- SHELBY: The center’s professionals have dis- cate abductors and would facilitate the S. 1829. A bill to reauthorize pro- turbingly busy jobs, they have worked deployment of the National Emergency grams under the Missing Children’s As- on more than 127,700 cases of missing Child Locator Center to assist in locat- sistance Act; to the Committee on the and exploited children since its 1984 ing children in times of national disas- Judiciary. founding, helping to recover more than ters. In addition, the bill would allow

VerDate Aug 31 2005 07:16 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.086 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9621 NCMEC to work in conjunction with parent’s consent, under circumstances which available for the benefit of missing and ex- the FBI to provide fitness determina- immediately place the child in grave danger; ploited children and their families; and tions based on criminal history of vol- ‘‘(2) many missing children are at great ‘‘(ii) the existence and nature of programs unteers in child-serving organizations risk of both physical harm and sexual exploi- being carried out by Federal agencies to as- tation; sist missing and exploited children and their and track the incidence of attempted ‘‘(3) in many cases, parents and local law families; child abductions to report any links or enforcement officials have neither the re- ‘‘(D) coordinate public and private pro- patterns to law enforcement agencies. sources nor the expertise to mount expanded grams that locate, recover, or reunite miss- NCMEC is headquartered in Alexan- search efforts; ing children with their families; dria, VA, and operates branch offices in ‘‘(4) abducted children are frequently ‘‘(E) disseminate, on a national basis, in- five other locations throughout the moved from one locality to another, requir- formation relating to innovative and model country to provide hands-on assistance ing the cooperation and coordination of programs, services, and legislation that ben- to families of missing children, advo- local, State, and Federal law enforcement ef- efit missing and exploited children; forts; ‘‘(F) in cooperation with the Department cating legislative changes to better ‘‘(5) growing numbers of children are the protect children, conducting an array of Justice and the Department of State and victims of child sexual exploitation, increas- local law enforcement, develop and present of prevention and awareness programs, ingly involving the use of new technology to an annual report on the actual number of and motivating individuals to become access the Internet; children nationwide who are reported miss- personally involved in child-protection ‘‘(6) children may be displaced from their ing each year, the number of children who issues. It has also grown into an inter- parents or legal guardians as a result of na- are victims of nonfamily abductions, the national organization, establishing the tional disasters such as hurricanes and number of children who are the victims of International Division of the National floods; parental kidnappings, and the number of ‘‘(7) sex offenders pose a threat to children; children who are recovered each year; Center for Missing and Exploited Chil- and dren, which has been working to fulfill ‘‘(G) provide technical assistance and ‘‘(8) the National Center for Missing and training to law enforcement agencies, State the Hague Convention on the Civil As- Exploited Children— and local governments, elements of the pects of International Child Abduction. ‘‘(A) serves as the national resource center criminal justice system, public and private The international division provides as- and clearinghouse; nonprofit agencies, and individuals in the sistance to parents, law enforcement, ‘‘(B) works in partnership with the Depart- prevention, investigation, prosecution, and attorneys, nonprofit organizations, and ment of Justice, the Federal Bureau of Inves- treatment of cases involving missing and ex- other concerned individuals who are tigation, the United States Marshals Serv- ploited children; ice, the Department of the Treasury, the De- seeking assistance in preventing or re- ‘‘(H) provide assistance to families and law partment of State, the Department of Home- enforcement agencies in locating and recov- solving international child abductions. land Security’s Bureau of Immigration and NCMEC manages to do all of this ering missing and exploited children, both Customs Enforcement, the United States Se- nationally and internationally; good work with an annual DOJ grant, cret Service, and many other agencies in the ‘‘(I) provide analytical support and tech- which expires after fiscal year 2008. We effort to find missing children and prevent nical assistance to law enforcement agencies must act now to extend its authoriza- child victimization; and through searching public records databases tion so that it can continue to help ‘‘(C) operates a national and increasingly in locating and recovering missing and ex- keep children safe and families intact worldwide network, linking the Center on- ploited children and helping to locate and around the Nation. There is so much line with each of the missing children clear- identify abductors; inghouses operated by the 50 States, the Dis- ‘‘(J) provide direct on-site technical assist- more to be done to ensure the safety of trict of Columbia, and Puerto Rico, as well our children, and the legislation we in- ance and consultation to law enforcement as with Scotland Yard in the United King- agencies in child abduction and exploitation troduce today will help the center in dom, the Royal Canadian Mounted Police, cases; its efforts to prevent crimes that are INTERPOL headquarters in Lyon, France, ‘‘(K) provide forensic technical assistance committed against them. and others, which enable the Center to trans- and consultation to law enforcement and We have before us the type of bipar- mit images and information regarding miss- other agencies in the identification of un- tisan legislation that should be moved ing and exploited children to law enforce- identified deceased children through facial easily through the Senate and the ment across the United States and around reconstruction of skeletal remains and simi- House. The children we seek to protect the world instantly.’’. lar techniques; through legislation like this should not SEC. 3. AMENDMENTS TO DUTIES AND FUNC- ‘‘(L) track the incidence of attempted child TIONS OF THE ADMINISTRATOR. be used as pawns by groups who would abductions in order to identify links and pat- (a) IN GENERAL.—Section 404(b) of the Miss- terns, and provide such information to law play politics by saddling such efforts ing Children’s Assistance Act (42 U.S.C. enforcement agencies; with controversial measures. I applaud 5773(b)) is amended— ‘‘(M) facilitate the deployment of the Na- the ongoing work of the center and (1) striking paragraph (3); and tional Emergency Child Locator Center to hope both the Senate and the House (2) redesignating paragraph (4) as para- assist in reuniting missing children with will promptly pass this bill to show our graph (3). their families during periods of national dis- support for the NCMEC to continue to (b) ANNUAL GRANT TO THE NATIONAL CEN- asters; find our missing children and to pro- TER FOR MISSING AND EXPLOITED CHILDREN.— ‘‘(N) operate a cyber tipline to provide on- tect exploited children across the coun- Section 404(b)(1) of the Missing Children’s line users and electronic service providers an Assistance Act (42 U.S.C. 5773(b)(1)) is effective means of reporting Internet-related try. amended to read as follows: child sexual exploitation in the areas of— I ask unanimous consent that the ‘‘(1) IN GENERAL.—The Administrator shall ‘‘(i) possession, manufacture and distribu- text of the bill be printed in the annually make a grant to the Center, which tion of child pornography; RECORD. shall be used to— ‘‘(ii) online enticement of children for sex- There being no objection, the text of ‘‘(A)(i) operate a national 24-hour toll-free ual acts; the bill was ordered to be printed in telephone line by which individuals may re- ‘‘(iii) child prostitution; the RECORD, as follows: port information regarding the location of ‘‘(iv) sex tourism involving children; S. 1829 any missing child, and request information ‘‘(v) extrafamilial child sexual molesta- pertaining to procedures necessary to re- tion; and Be it enacted by the Senate and House of Rep- unite such child with such child’s legal cus- ‘‘(vi) unsolicited obscene material sent to a resentatives of the United States of America in todian; and child; Congress assembled, ‘‘(ii) coordinate the operation of such tele- and subsequently to transmit such reports, SECTION 1. SHORT TITLE. phone line with the operation of the national including relevant images and information, This Act may be cited as the ‘‘Protect our communications system referred to in part C to the appropriate international, Federal, Children First Act of 2007’’. of the Runaway and Homeless Youth Act (42 State or local law enforcement agency for SEC. 2. AMENDMENT TO FINDINGS. U.S.C. 5714–11); investigation; Section 402 of the Missing Children’s As- ‘‘(B) operate the official national resource ‘‘(O) work with law enforcement, elec- sistance Act (42 U.S.C. 5771) is amended to center and information clearinghouse for tronic service providers, electronic payment read as follows: missing and exploited children; service providers, and others on methods to ‘‘SEC. 402. FINDINGS. ‘‘(C) provide to State and local govern- reduce the distribution on the Internet of ‘‘Congress finds that— ments, public and private nonprofit agencies, images and videos of sexually exploited chil- ‘‘(1) each year thousands of children are and individuals, information regarding— dren; abducted or removed from the control of a ‘‘(i) free or low-cost legal, restaurant, lodg- ‘‘(P) operate the Child Victim Identifica- parent having legal custody without such ing, and transportation services that are tion Program in order to assist the efforts of

VerDate Aug 31 2005 07:16 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.088 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9622 CONGRESSIONAL RECORD — SENATE July 19, 2007 law enforcement agencies in identifying vic- of birth defects in Western Europe. The to stop using tobacco. A case in point tims of child pornography and other sexual FDA’s constant vigilance is not just an is the new $350 million facility Philip crimes; historical artifact. It seems like every Morris has built in Richmond, VA. I ‘‘(Q) develop and disseminate programs and day there is something new for the ask unanimous consent to have printed information for the general public to educate families and children regarding the preven- FDA to protect us from. The headlines in the RECORD the following classified tion of child abduction and sexual exploi- behind me show how we have come to ad from the journal Science. tation; and depend on the FDA every day to pro- The PRESIDING OFFICER. Without ‘‘(R) develop and disseminate programs and tect us and our children from poisons objection, it is so ordered. information to local communities, schools, that could harm or even kill us. (See exhibit 1.) public officials, nonprofit organizations, and It is evident that the FDA is over- Mr. ENZI. Mr. President, this ad calls youth-serving organizations to help parents worked and underfunded. We, as a na- for the recruitment of scientists to and children use the Internet safely.’’. tion, currently ask the FDA to be re- work at this facility, studying how to SEC. 4. AUTHORIZATION OF APPROPRIATIONS. sponsible for so many things: ensuring ‘‘develop relevant exposure models’’ for (a) ANNUAL GRANT TO THE NATIONAL CEN- that new drugs and medical devices are smoking related diseases. Or to do TER FOR MISSING AND EXPLOITED CHILDREN.— large scale epidemiology studies on Section 404(b)(2) of the Missing Children’s safe and effective; safeguarding the Na- Assistance Act (42 U.S.C. 5773(b)(2)) is tion’s food supply; regulating the man- ‘‘the cause of cigarette smoke-related amended by striking ‘‘$20,000,000 for each of ufacture and distribution of food addi- diseases.’’ Here I thought the cause of the fiscal years 2004 through 2008’’ and in- tives and drugs that will be given to cigarette smoke-related diseases was serting ‘‘$ 20,000,000 for fiscal year 2008 and animals; and, increasing the security of smoking. Silly me. such sums as are necessary for each of the our blood supply. Clearly, Philip Morris believes it will fiscal years 2009 through 2013’’. In each of these key activities, the still be able to operate under the Ken- (b) IN GENERAL.—Section 408(a) of the Miss- role of the FDA is to protect our nedy bill. It will be business as usual ing Children’s Assistance Act (42 U.S.C. health. In providing that protection, for the Marlboro Man, and more Ameri- 5777(a)) is amended by striking ‘‘2004 through 2008’’ and inserting ‘‘2008 through 2013.’’. the FDA examines key scientific facts cans will die needlessly. Trying to make cigarettes safer SEC. 5. AUTHORITY OF INSPECTORS GENERAL . and weighs the balance of benefit to Title XXXVII of the Crime Control Act of our society and risk to our health. It is through a billion-dollar bureaucracy is 1990 (42 U.S.C. 5779 et seq.) is amended by incomprehensible to me to extend that a waste of time and money. The right adding at the end the following: critical role to an FDA risk/benefit approach is to get people to stop smok- ‘‘SEC. 3703. AUTHORITY OF INSPECTORS GEN- analysis of tobacco and cigarettes. ing, or better yet, to never start. ERAL. I will say it again: Smoking kills. The key failing of the Kennedy dino- ‘‘(a) IN GENERAL.—An Inspector General There is no such thing as a ‘‘safe’’ ciga- saur legislation is that it will not re- appointed under section 3 or 8G of the In- rette. Any public statement by the duce smoking. In 2004, this bill did pass spector General Act of 1978 (5 U.S.C. App.) FDA under their current authority the Senate, as part of FSC-ETI. The may authorize staff to assist the National would necessitate the finding that Congressional Budget Office, in scoring Center for Missing and Exploited Children— the Senate-passed bill, examined the ‘‘(1) by conducting reviews of inactive case there is no benefit to the use of ciga- files to develop recommendations for further rettes, only harm. tobacco provisions. I suggest my col- investigations; and The Kennedy-Cornyn bill would es- leagues study that score carefully. CBO ‘‘(2) by engaging in similar activities. tablish the FDA as the regulator for suggested there would be essentially no ‘‘(b) LIMITATIONS.— tobacco products. However, the bill ex- reduction in adult smoking, and only a ‘‘(1) PRIORITY.—An Inspector General may plicitly states that the FDA will not be 12.5 percent reduction in youth smok- not permit staff to engage in activities de- permitted to prohibit the sale of any ing. The bill assesses user fees in excess scribed in subsection (a) if such activities tobacco product to adults. That is not of $450 million a year. There are cur- will interfere with the duties of the Inspec- true regulation. The bill would gut the rently 2.7 million youth smokers. When tor General under the Inspector General Act of 1978 (5 U.S.C. App.). authority that Congress has bestowed you do the math, it comes out to near- ‘‘(2) FUNDING.—No additional funds are au- and staunchly defended for the FDA, ly $1,500 per year per youth smoker to thorized to be appropriated to carry out this the authority to remove health threats achieve these reductions. I don’t know section.’’. from the marketplace. This approach is if you’ve talked to any teenagers reso flawed that I believe the bill cannot cently, but they are pretty entrepre- By Mr. ENZI: be fixed. neurial. I bet a lot of them would quit S. 1834. A bill to improve the health Even having the FDA review and ap- smoking if you just paid them to give of Americans through the gradual prove cigarettes sends mixed and con- it up, or even to stay off the stuff in elimination of tobacco products; to the fusing messages to the public, creating the first place. Committee on Finance. the sense that cigarettes are safe or In another example of very little Mr. ENZI. Mr. President, I rise today can be made safer. The FDA cannot be bang for very big bucks, a recent Insti- to address a serious and deadly health put in the position of approving a prod- tute of Medicine report from May says issue. I am talking about tobacco, a uct which years of science and the per- that if we keep doing what we are scourge on our society. sonal experience of far too many Amer- doing, we will reduce smoking from the Smoking kills. There is no such thing icans has shown to be dangerous. Sim- current 20 percent of the population to as a safe cigarette. These are not mere ply put, tobacco kills people. Piling on about 15 percent over the next 20 years. platitudes. They are the deadly truth. regulations and bureaucracy won’t If we do everything in the report, Tobacco kills more Americans each change that. which is basically the Kennedy bill year than alcohol, cocaine, crack, her- I commend my colleague Senator plus a number of other steps, some of oin, homicide, suicide, car accidents, KENNEDY for trying to do something which maybe unconstitutional, we fire and AIDS combined. about the evil of tobacco. But this bill might reduce it to 10 percent. At an un- My colleague Senator KENNEDY has is a dinosaur. It has been introduced known, but likely very high, cost. proposed dealing with this shocking year after year, with barely any This bill can’t be fixed. I know we statistic by having the Food and Drug changes. In fact, the bill would have can do better. We just have to think Administration regulate tobacco. I sug- FDA issue a regulation from 1996 com- bigger. We must win the war on to- gest my colleagues ask themselves: pletely intact. A regulation, I might bacco, not sign a peace treaty with What will it mean to have cigarette add, that was overturned by the Su- Phillip Morris. and tobacco products regulated by the preme Court. But that is beside the I have developed my own tobacco leg- FDA? point. Instead of resurrecting broken, islation that would truly have an im- The FDA is the gold standard among outdated legislation, we should be aim- pact on the number of smokers in this public health regulators the world ing to make tobacco extinct. country, and I am pleased to introduce over. For the past century, the FDA While some in the tobacco industry today the Help End Addiction to Le- has protected the public, from filthy claim to share my views on smoking, I thal Tobacco Habits or HEALTH Act. conditions in meat packing plants to do not believe they have actually My bill contains a novel cap-and- thalidomide, which caused thousands bought in to the idea of getting people trade program—guaranteeing that

VerDate Aug 31 2005 07:16 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.081 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9623 fewer people suffer the deadly con- mier public health watchdog out to S. 1839. A bill to require periodic re- sequences of smoking, while providing fight for safety with one hand tied be- ports on claims related to acts of ter- flexibility in how those reductions are hind its back. We must not mandate rorism against Americans perpetrated achieved. the FDA seal of approval on a deadly or supported by the Government of Cap-and-trade programs have a prov- product that has no health benefit Libya; to the Committee on Foreign en track record in the environmental whatsoever. We can do better. Will you Relations. arena. In the 1980s, lakes and forests join me? Mr. BIDEN. Mr. President, today I were dying from acid rain. The acid HEALTH SCIENCE RESEARCH FOR HARM REDUC- introduce, along with Senators LEVIN rain was caused by emissions of sulfur TION—NEW POSITIONS AT PHILIP MORRIS and LAUTENBERG, a piece of legislation and nitrogen oxides from power genera- USA which I hope will help the American tion at electrical plants. The Clean Air The Health Sciences Research Division of victims of Libyan terrorism and their Act amendments of 1990 instituted a PM USA is seeking Leading Scientists in families move one step closer to receiv- system of allowances for emissions of several biomedical-related research areas. ing justice for the terrible crimes com- sulfur and nitrogen oxides that could The primary goal of the Health Sciences mitted against them. Our legislation be used, banked, traded or sold freely Research Division (HSR) is to conduct health requires the administration to submit science research to facilitate the develop- on the open market. The number of al- ment of new methods and technologies with to Congress twice yearly reports on the lowances decreased each year. This sys- the potential to reduce harm associated with status of the outstanding legal claims tem achieved the desired results faster our products. by these American victims and their and at lower cost than had been antici- In June 2007, PM USA research scientists families against the government of pated. The cap-and-trade program for will begin occupying the new 450,000 sq. ft., Libya. It also requires the administra- sulfur and nitrogen oxides has made state-of-the-art Center for Research and tion to explain its own efforts on their dramatic differences in our air quality Technology (CRT) facility. HSR scientists behalf. over the past 15 years, and is a resound- will work in collaboration with other PM I believe it is in the United States’ USA scientists at the CRT to investigate and ing success. I propose to carry this discover technologies for the reduction of strategic interest to develop better re- market-oriented system over to the to- harm associated with our products. lations with Libya. Colonel Qaddafi re- bacco control arena. Although this has Cigarette Smoke-Related Disease Sci- nounced terrorism and dismantled Lib- never been tried for a health issue, I entists: Will participate in the development yan weapons of mass destruction pro- think it will work. of models and biomarkers of cigarette grams. We need to demonstrate to the My legislation will contain a cap- smoke-related diseases including: Cancer Sci- rogue regimes of the world that there and-trade system for shrinking the size entists investigating cancer with emphasis on is a path back to the civilized commu- of the tobacco market over the next 20 lung cancer. COPD Scientists investigating nity of nations. Libya is an important chronic obstructive pulmonary disease. CVD years. Smoking reductions are guaran- Scientists investigating cardiovascular dis- country in its own right as a gateway teed, and companies are given time and ease. between Europe and Africa, as a coun- flexibility to make the reductions or Experimental Pathologists: Will partici- try which shares a border with the divest. In addition, small tobacco com- pate in the development and use of micro- Darfur region of Sudan, and as an panies would have a valuable asset in scopic and imaging techniques to investigate OPEC member. their allocations, leveling the playing the cause of cigarette smoke-related dis- But for this relationship to advance, field a bit between the smaller and eases. we need to come to terms with the larger industry members. Finally, and Oxidative Stress Scientists: Will partici- past. Several hundred Americans have pate in studies investigating the role of been killed by Libyan terrorism and I think very importantly, public health oxidative damage and cell death processes in groups could buy and retire allowances cigarette smoke-related diseases. scores more have been injured. The to achieve the reductions in tobacco Inflammation/Immune System Scientists: Libyan regime has accepted responsi- use even faster than specified in my Will participate in studies investigating the bility for the heinous Pan Am 103 bill. I would like to issue a challenge role of inflammatory/immunological proc- bombing, which killed 270 Americans. today to those groups, use your clout esses in cigarette smoke-related diseases. That admission also helped pave the to help me make this work. Stand with Inhalation Toxicologist for Aerosol Dosim- way to the negotiations that led to me to fight tobacco and protect the etry: Will participate in studies inves- Libya’s renunciation of its support for tigating in vitro and in vivo exposure to cig- health of all Americans. arette smoke to quantify airway smoke dep- terrorism and its WMD programs. But I want to remind my colleagues that osition and develop relevant exposure mod- the families of the victims of Pan Am the FDA approves cures, not poisons. els. 103 are still waiting for the final settle- Forcing the FDA to regulate tobacco Toxicologist for PK-PD Studies: Will study ment of their case. Last year, the Liby- but not letting them ban it, as my col- the PK-PD of exposure to cigarette smoke an government agreed to terms with league Senator KENNEDY proposes, during smoke inhalation for the purpose of the victims of the La Belle discotheque would undermine the long history of developing clinically predictive cell and tis- bombing in Germany. But they have the agency protecting and promoting sue dose models. since refused to honor the previously Epidemiologists (Molecular/Genetic and the public health. Chronic Disease): Will participate in the de- agreed upon terms. Other victims of In closing, every day, we hear about sign, conduct and analysis of large-scale, Libyan terror are still waiting for jus- some new problem the FDA faces in high-throughput, molecular and chronic dis- tice. Their cases may be smaller in protecting our health. From contami- ease epidemiologic studies on the cause of scale, but pain that the victims and nated seafood to tainted toothpaste, cigarette smoke-related diseases (CVD, their families have suffered is no less this agency is in dire need of congres- COPD, Cancer). real. sional support to carry out its mission. Biostatisticians: Will participate in the de- The victims and families deserve to We should be focusing our efforts on in- sign and analysis of large-scale epidemio- know what their government is doing creasing the number of inspectors, and logic, in vitro and in vivo studies on the on their behalf to settle these cases. cause of cigarette smoke-related diseases on renewing the expiring drug and de- (CVD, COPD, Cancer). Colonel Qaddafi needs to understand vice user fee laws. Geneticists (Statistical and Population): that the way forward needs to account I ask my colleagues to think hard Will participate in the design and analysis of for the past. And the State Department about what they are proposing when large-scale, high-throughput, molecular epi- needs to begin to develop a coherent vi- they suggest FDA regulation is the demiologic and in vivo studies on cigarette sion for what we hope to achieve in the way to defeat tobacco. My record is smoke-related diseases (CVD, COPD, Can- Libyan—American relationship. clear when it comes to tobacco. I am cer). This piece of legislation we offer is no friend of big tobacco and I have Complex Systems Analysts (Systems Biol- modest, but I believe that it can help never taken a dime of tobacco com- ogy): Will participate in the integration and modeling of high-throughput, cross-plat- us to make progress in each of these pany money for my campaigns. I don’t form, trans-species data on cigarette smoke- three aspects. intend to start now. But I absolutely related diseases (CVD, COPD, Cancer). Lastly, I would like to say a few reject the notion that the way to show words about the human rights condi- you’re ‘‘for kids’’ and ‘‘against Big To- By Mr. BIDEN (for himself, Mr. tions inside Libya. Yes, Americans are bacco’’ is by sending the Nation’s pre- LEVIN, and Mr. LAUTENBERG): interested in Libya’s external behavior.

VerDate Aug 31 2005 07:16 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.103 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9624 CONGRESSIONAL RECORD — SENATE July 19, 2007 But we are also concerned about the Whereas Kofi Annan, then Secretary-Gen- Union to ensure the expeditious deployment human rights conditions within Libya. eral of the United Nations, and Alpha Oumar of the United Nations-African Union hybrid I am relieved that the death sentence Konare, Chairperson of the African Union, peacekeeping force under Chapter VII of the led efforts to reach a compromise with Presi- United Nations Charter and operating under of the six Bulgarian nurses and Pales- dent al-Bashir by convening a summit of in- tinian doctor accused of infecting Lib- United Nations guidelines and procedures for terested governments and international bod- command and control with a mandate af- yan children with HIV has been com- ies in Addis Ababa, Ethiopia on November 16, firming that civilian protection is a primary muted. But the case against them is 2006; mission objective; preposterous, as confirmed by rigorous Whereas as a result of the Addis Ababa (B) strongly encourage the member states investigations into the allegations by summit an agreement was reached by all of the United Nations that have the capabili- UNESCO and the World Health Organi- parties, including the United Nations, the ties to do so, to contribute collectively ap- zation. That they remain in jail is out- African Union, the European Union, the Gov- proximately 19,500 military personnel and up ernment of Sudan, the United States, and to 6,500 police to implement the mandate, as rageous. China, which called for a three-phased de- is currently under discussion in the United For more than 3 years, years, I have ployment of a hybrid United Nations-African Nations Security Council; been calling for the release of Fathi Union peacekeeping force to Darfur of no Eljahmi, a courageous democracy ad- less than 17,000 military troops and 3,000 ci- (C) work bilaterally and with member vocate with serious health problems vilian police, with a primarily African char- states of the North Atlantic Trade Organiza- acter, but open to non-African troop and po- tion, the United Nations, the European whose only crime is to speak truth to Union, the African Union, and other capable power. I again call on the Libyan gov- lice contributors; Whereas the agreement stated that the partners to— ernment to release Mr. Eljahmi. United Nations-African Union hybrid force (i) rapidly implement pre-deployment pro- f would have a strong mandate to protect ci- grams and provide equipment to United Na- tions standards, with a special focus on Afri- SUBMITTED RESOLUTIONS vilians and that the peacekeeping force must be logistically and financially sustainable, can peacekeepers, in order to ensure that a with support from the United Nations; full complement of peacekeepers can be deployed, sustained, and rotated as necessary; SENATE RESOLUTION 276—CALL- Whereas President al-Bashir has repeatedly obstructed the Addis Ababa agreement and ING FOR THE URGENT DEPLOY- since its signing by reneging on and rede- (ii) provide the United Nations-African MENT OF A ROBUST AND EFFEC- fining the terms of his commitment to allow Union hybrid force with— TIVE MULTINATIONAL PEACE- the deployment of the full hybrid United Na- (I) sufficient logistical support and airlift KEEPING MISSION WITH SUFFI- tions-African Union force; capacity; CIENT SIZE, RESOURCES, LEAD- Whereas on June 11, 2007, President al- (II) necessary vehicles, fixed-wing aircraft, ERSHIP, AND MANDATE TO PRO- Bashir pledged to accept unconditionally the and helicopters for tactical reconnaissance TECT CIVILIANS IN DARFUR, full United Nations-African Union hybrid de- and armed deterrence; and ployment; SUDAN, AND FOR EFFORTS TO (III) other equipment; Whereas some subsequent speeches and (D) work with members of the United Na- STRENGTHEN THE RENEWAL OF statements by President al-Bashir have con- tions and the African Union to— A JUST AND INCLUSIVE PEACE tradicted that claim of acceptance while oth- (i) ensure that substantive civilian mission PROCESS ers have reinforced it; components are rapidly established and able Whereas diplomatic efforts to secure Presi- Mr. BIDEN (for himself, Mr. LUGAR, to capitalize on any opportunities to advance dent al-Bashir’s genuine acceptance and fa- Mr. MENENDEZ, Mr. BROWNBACK, Mrs. the political and peace processes which the cilitation of the full United Nations-African successful deployment of the United Nations- CLINTON, Mr. FEINGOLD, Mrs. FEIN- Union hybrid force must not lead to weak- African Union hybrid force may create; STEIN, Mr. CARDIN, Mr. DURBIN, Ms. MI- ening of the structure, capacities, or man- (ii) reinitiate a peace-building process KULSKI, and Mr. HARKIN) submitted the date of that force in exchange for President among the parties to the conflict as part of following resolution; which was real-Bashir’s full compliance; a sustained, coordinated, high-level diplo- ferred to the Committee on Foreign Whereas history has repeatedly dem- matic effort to forge a comprehensive polit- Relations: onstrated that the ultimate success or fail- ical settlement; and ure of any peacekeeping force depends sig- S. RES. 276 (iii) ensure the security, maintenance, and nificantly on its size, resources, mandate, expansion of humanitarian access to those in Whereas hundreds of thousands of people mobility, and command structure; need and promote a return to the rule of law have died and approximately 2,500,000 people Whereas to establish conditions of peace in the region; have been displaced in Darfur, Sudan since and security, the peacekeeping mission must (E) work with members of the United Na- 2003; be accompanied by a peace-building process tions, the African Union, the European Whereas Congress declared on July 22, 2004 among the parties to the conflict; Union, and other donor nations to ensure that the atrocities in Darfur were genocide; Whereas such a process will require a sus- that adequate financial support is provided Whereas President George W. Bush has re- tained, coordinated, and high-level diplo- to peacekeepers serving in the current Afri- peatedly decried the genocide in Darfur, matic attempt to unify the rebel groups in can Mission in Sudan, and the planned hy- stating, for example, on April 18, 2007, ‘‘that the region and engagement with the rebels brid United Nations-African Union force; and genocide is the only word for what is hap- and the Sudanese government in order to pening in Darfur—and that we have a moral forge a comprehensive political settlement; (F) work with Congress to ensure robust obligation to stop it’’; Whereas under the international humani- funding for the hybrid United Nations-Afri- Whereas the crisis in Darfur and the sur- tarian law of the Geneva Convention Rel- can Union peacekeeping mission in Darfur; rounding region continues and has in fact in ative to the Protection of Civilian Persons in (2) urges the Secretary-General of the some ways worsened despite the efforts of Time of War, done at Geneva August 12, 1949 United Nations and the Chairperson of the the United States, the United Nations, the (6 UST 3516) and the Protocols Additional to African Union to make every effort to expe- African Union, and the international com- the Geneva Conventions of 12 August 1949, dite the urgent generation, rapid deploy- munity; done at Geneva June 8, 1977, all parties to ment, and effective administration of the Whereas on August 30, 2006, the United Na- the conflict in Darfur are required to refrain full United Nations-African Union hybrid tions Security Council approved United Na- from attacks on civilians and on medical and force; tions Security Council Resolution 1706 pro- other humanitarian personnel, and all per- (3) urges Sudanese President Omar al- viding that the existing United Nations Mis- petrators should be held accountable for vio- Bashir and the Government of Sudan to sion in Sudan (UNMIS) ‘‘shall take over from lations of international humanitarian law; abide by the agreement of President al- [the African Mission in Sudan (AMIS)] re- and Bashir to fully accept and facilitate the de- sponsibility for supporting the implementa- Whereas failure on the part of the inter- ployment of the United Nations-African tion of the Darfur Peace Agreement upon the national community to take all steps nec- Union hybrid force without condition; expiration of AMIS’ mandate but in any essary to generate, deploy, and maintain an (4) urges the President’s Special Envoy to event no later than 31 December 2006’’, and effective United Nations-African Union hy- Sudan to continue his legislative outreach, that UNMIS ‘‘shall be strengthened by up to brid peacekeeping force will result in the including offering to brief Congress every 60 17,300 military personnel . . . up to 3,300 civil- continued loss of life and further degradation days on the status of deployment of the ian police personnel’’, which ‘‘shall begin to of humanitarian infrastructure in Darfur: United Nations-African Union hybrid peace- be deployed no later than 1 October 2006’’; Now, therefore, be it keeping force and parallel measures to en- Whereas the Sudanese President Omar al- Resolved, That the Senate— able peace in Darfur through an inclusive po- Bashir rejected United Nations Security (1) urges the President of the United States litical process; and Council Resolution 1706 and refused to allow to— (5) urges President George W. Bush, the the United Nations to deploy a peacekeeping (A) work with members of the United Na- United Nations Security Council, the African force to Darfur; tions Security Council and the African Union, the European Union, the League of

VerDate Aug 31 2005 07:16 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.144 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9625 Arab States, nations in the region, and indi- urges the President to work with these amendment intended to be proposed to vidual nations with significant economic or countries and the African Union and amendment SA 2327 proposed by Mr. KEN- political influence over Sudan to— NATO to expedite deployment. NEDY to the bill H.R. 2669, supra. SA 2335. Mr. BIDEN submitted an amend- (A) hold President al-Bashir and the Gov- Together with our partners, we must ernment of Sudan accountable for any fail- ment intended to be proposed by him to the ure through neglect or obstruction to fully ensure that the UN–AU force has the bill H.R. 1585, to authorize appropriations for facilitate the deployment of the full United people and the equipment to do the job, fiscal year 2008 for military activities of the Nations-African Union hybrid force for including the air assets that will be Department of Defense, for military con- Darfur; and needed to patrol an area that is the struction, and for defense activities of the (B) be prepared to implement meaningful size of Texas but lacks both roads and Department of Energy, to prescribe military measures, including the imposition of multi- personnel strengths for such fiscal year, and infrastructure. We must also take steps for other purposes; which was ordered to lie lateral sanctions, an arms embargo, and a no to ensure humanitarian access and se- fly zone for Sudanese military flights over on the table. curity for those bringing aid to the SA 2336. Mr. BROWN submitted an amend- Darfur, if the Government of Sudan ob- ment intended to be proposed by him to the structs deployment of the agreed upon peace- millions of people in Darfur who are in bill S. 1642, to extend the authorization of keeping mission. need. We cannot continue to allow attacks against humanitarian workers to programs under the Higher Education Act of Mr. BIDEN. Mr. President, today 1965, and for other purposes; which was or- Senator LUGAR and I introduce a reso- take place with impunity. dered to lie on the table. lution calling for the urgent deploy- Our resolution also emphasizes that SA 2337. Mr. NELSON, of Nebraska (for ment of a peacekeeping mission to peacekeeping must be accompanied by himself and Mr. BURR) submitted an amend- Darfur, but also laying out some a reinvigorated peace-building effort. ment intended to be proposed to amendment SA 2327 proposed by Mr. KENNEDY to the bill benchmarks for that mission. Chaos and fragmentation are accelerating in Darfur by the day. Blue H.R. 2669, to provide for reconciliation pursu- We are all aware of the terrible car- ant to section 601 of the concurrent resolu- nage that 4 years of genocide have helmeted troops are not enough: Khar- tion on the budget for fiscal year 2008. wrought in Darfur and the surrounding toum, the rebel groups, and leading na- SA 2338. Mr. COLEMAN (for himself and region. Hundreds of thousands of peo- tions like the U.S. must all work to- Ms. LANDRIEU) proposed an amendment to ple have been killed and millions more ward a lasting and inclusive peace amendment SA 2327 proposed by Mr. KEN- have been driven into camps. agreement on the ground. NEDY to the bill H.R. 2669, supra. I am committed to working with the SA 2339. Mr. CORNYN (for himself, Mr. The world has watched, it has passed ENZI, Mr. GREGG, Mr. SMITH, Mr. SUNUNU, administration to help secure the re- resolutions, and it has decried the Mr. COLEMAN, and Mr. VOINOVICH) submitted killings, but it has not stopped them. sources that are needed to fund this an amendment intended to be proposed to Last month brought the welcome mission. If commitments for crucial amendment SA 2327 proposed by Mr. KEN- news that the Sudanese government equipment are not forthcoming, then NEDY to the bill H.R. 2669, supra. had finally agreed once again, the de- the U.S. should help provide them—we SA 2340. Ms. COLLINS (for herself, Mr. ployment of a full-scale, joint peace- have the best troops and the best KYL, Mr. LIEBERMAN, and Mr. WARNER) sub- equipment in the world and we must mitted an amendment intended to be pro- keeping operation by the United Na- posed to amendment SA 2327 proposed by Mr. tions and the African Union. stand ready to assist this effort to KENNEDY to the bill H.R. 2669, supra. But in the weeks since then, Presi- bring four years of murder, rape, and SA 2341. Mr. SUNUNU submitted an dent al-Bashir has fallen into his old destruction to an end. amendment intended to be proposed to pattern of backpedaling away from his Finally, I will conclude as our resolu- amendment SA 2327 proposed by Mr. KEN- commitments, of accepting the mission tion does: if Khartoum does not fulfill NEDY to the bill H.R. 2669, supra. but seeking to impose conditions, and its part of the agreement and allow the SA 2342. Mr. SESSIONS submitted an amendment intended to be proposed to of alternately agreeing to the troops full deployment of the peacekeeping amendment SA 2327 proposed by Mr. KEN- and then recanting. mission, then the international com- NEDY to the bill H.R. 2669, supra. President Bashir may be wavering, munity must impose multilateral sanc- SA 2343. Mr. SESSIONS submitted an but the world must not. tions, an expanded arms embargo, and amendment intended to be proposed by him The resolution that we are intro- a no fly zone over Darfur. to the bill H.R. 2669, supra; which was or- ducing today expresses Congress’s de- The world stands at a critical mo- dered to lie on the table. termination to move forward in sup- SA 2344. Mr. DURBIN submitted an amendment: we must collectively assume our ment intended to be proposed to amendment port of this peacekeeping mission and responsibility to protect the people of SA 2327 proposed by Mr. KENNEDY to the bill reaffirms the minimum standards of Darfur, either through the fulfillment H.R. 2669, supra; which was ordered to lie on this mission, which the Khartoum gov- of this peacekeeping mission or the im- the table. ernment must not be allowed to bar- position of meaningful counter- SA 2345. Mr. DURBIN (for himself, Mr. gain away. measures. Four years of killing are HAGEL, and Mrs. CLINTON) submitted an amendment intended to be proposed to It is critical that the United Nations four years too many. and the African Union hold firm on the amendment SA 2327 proposed by Mr. KEN- f NEDY to the bill H.R. 2669, supra; which was structure, capacity, command and con- ordered to lie on the table. trol mechanisms, and mandate of the AMENDMENTS SUBMITTED AND SA 2346. Mr. DURBIN submitted an amend- peacekeeping force. We cannot nego- PROPOSED ment intended to be proposed to amendment tiate down on the force levels that are SA 2331. Mr. BUNNING submitted an SA 2327 proposed by Mr. KENNEDY to the bill needed; this resolution supports the on- amendment intended to be proposed by him H.R. 2669, supra; which was ordered to lie on going efforts at the United Nations Se- to the bill H.R. 2669, to provide for reconcili- the table. SA 2347. Mr. DURBIN submitted an amend- ation pursuant to section 601 of the concur- curity Council to pass a resolution au- ment intended to be proposed to amendment rent resolution on the budget for fiscal year thorizing approximately 20,000 peace- SA 2327 proposed by Mr. KENNEDY to the bill 2008; which was ordered to lie on the table. keeping troops and over 6000 police per- H.R. 2669, supra; which was ordered to lie on SA 2332. Mr. BUNNING (for himself and Mr. sonnel. the table. DEMINT) submitted an amendment intended In addition to numbers, it is equally SA 2348. Mr. DURBIN (for himself and Mr. to be proposed by him to the bill H.R. 2669, GRASSLEY) submitted an amendment in- important that the mission have the supra; which was ordered to lie on the table. mandate to protect Darfur’s civilians tended to be proposed to amendment SA 2339 SA 2333. Mr. SESSIONS submitted an submitted by Mr. CORNYN (for himself, Mr. and the means to carry out that man- amendment intended to be proposed to ENZI, Mr. GREGG, Mr. SMITH, Mr. SUNUNU, date. amendment SA 2327 proposed by Mr. KEN- Mr. COLEMAN, and Mr. VOINOVICH) to the All the resolutions in the world, how- NEDY to the bill H.R. 2669, supra. amendment SA 2327 proposed by Mr. KEN- ever, will not save the people of Darfur SA 2334. Mr. COLEMAN (for himself, Mr. NEDY to the bill H.R. 2669, supra; which was if the international community does INHOFE, Mr. DEMINT, Mr. THUNE, Mr. MCCON- ordered to lie on the table. not contribute the forces and equip- NELL, Mr. CORNYN, Mr. ISAKSON, Mr. ALLARD, SA 2349. Mr. HARKIN submitted an amend- Mr. CRAIG, Mr. LUGAR, Mr. ROBERTS, Mr. ment that are needed for this peace- ment intended to be proposed by him to the GRAHAM, Mrs. HUTCHISON, Mr. COCHRAN, Mr. bill H.R. 2669, supra; which was ordered to lie keeping mission. HAGEL, Mr. GREGG, Mr. ENSIGN, Mr. MCCAIN, on the table. This resolution urges the member Mr. BENNETT, Mrs. DOLE, Mr. BROWNBACK, SA 2350. Mrs. DOLE (for herself and Mr. states of the United Nations to step up Mr. ALEXANDER, Mr. CRAPO, Mr. BUNNING, MCCONNELL) submitted an amendment in- to volunteer the needed forces. It also Mr. CORKER, and Mr. BOND) submitted an tended to be proposed to amendment SA 2327

VerDate Aug 31 2005 07:16 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.082 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9626 CONGRESSIONAL RECORD — SENATE July 19, 2007 proposed by Mr. KENNEDY to the bill H.R. ‘‘(c) BASE AMOUNT.—For purposes of this SA 2333. Mr. SESSIONS submitted an 2669, supra. section, the term ‘base amount’ means— amendment intended to be proposed to SA 2351. Mr. McCONNELL proposed an ‘‘(1) except as otherwise provided in this amendment SA 2327 proposed by Mr. amendment to amendment SA 2327 proposed subsection, $25,000, KENNEDY to the bill H.R. 2669, to pro- by Mr. KENNEDY to the bill H.R. 2669, supra. ‘‘(2) $32,000 in the case of a joint return, SA 2352. Mr. DEMINT proposed an amend- and vide for reconciliation pursuant to sec- ment to amendment SA 2327 proposed by Mr. ‘‘(3) zero in the case of a taxpayer who— tion 601 of the concurrent resolution on KENNEDY to the bill H.R. 2669, supra. ‘‘(A) is married as of the close of the tax- the budget for fiscal year 2008; as fol- SA 2353. Mr. KYL submitted an amend- able year (within the meaning of section lows: ment intended to be proposed to amendment 7703) but does not file a joint return for such Strike section 401 of the Higher Education SA 2327 proposed by Mr. KENNEDY to the bill year, and Access Act of 2007. H.R. 2669, supra. ‘‘(B) does not live apart from his spouse at SA 2354. Mrs. HUTCHISON submitted an all times during the taxable year.’’. SA 2334. Mr. COLEMAN (for himself, amendment intended to be proposed to (c) CONFORMING AMENDMENTS.— Mr. INHOFE, Mr. DEMINT, Mr. THUNE, (1) Subparagraph (A) of section 871(a)(3) is amendment SA 2327 proposed by Mr. KEN- Mr. MCCONNELL, Mr. CORNYN, Mr. NEDY to the bill H.R. 2669, supra; which was amended by striking ‘‘85 percent’’ and insert- ISAKSON, Mr. ALLARD, Mr. CRAIG, Mr. ordered to lie on the table. ing ‘‘50 percent’’. SA 2355. Mr. ENSIGN proposed an amend- (2)(A) Subparagraph (A) of section 121(e)(1) LUGAR, Mr. ROBERTS, Mr. GRAHAM, ment to amendment SA 2327 proposed by Mr. of the Social Security Amendments of 1983 Mrs. HUTCHISON, Mr. COCHRAN, Mr. KENNEDY to the bill H.R. 2669, supra. (Public Law 98–21) is amended— HAGEL, Mr. GREGG, Mr. ENSIGN, Mr. SA 2356. Mr. SALAZAR proposed an (i) by striking ‘‘(A) There’’ and inserting MCCAIN, Mr. BENNETT, Mrs. DOLE, Mr. amendment to amendment SA 2327 proposed ‘‘There’’; BROWNBACK, Mr. ALEXANDER, Mr. by Mr. KENNEDY to the bill H.R. 2669, supra. (ii) by striking ‘‘(i)’’ immediately following CRAPO, Mr. BUNNING, Mr. CORKER, and ‘‘amounts equivalent to’’; and SA 2357. Mr. MCCONNELL proposed an Mr. BOND) submitted an amendment in- (iii) by striking ‘‘, less (ii)’’ and all that amendment to amendment SA 2327 proposed tended to be proposed to amendment by Mr. KENNEDY to the bill H.R. 2669, supra. follows and inserting a period. SA 2358. Ms. STABENOW proposed an (B) Paragraph (1) of section 121(e) of such SA 2327 proposed by Mr. KENNEDY to amendment to amendment SA 2355 proposed Act is amended by striking subparagraph the bill H.R. 2669, to provide for rec- by Mr. ENSIGN to the amendment SA 2327 (B). onciliation pursuant to section 601 of proposed by Mr. KENNEDY to the bill H.R. (C) Paragraph (3) of section 121(e) of such the concurrent resolution on the budg- 2669, supra. Act is amended by striking subparagraph (B) et for fiscal year 2008; as follows: SA 2359. Mr. COLEMAN proposed an and by redesignating subparagraph (C) as At the end of the bill, insert the following: subparagraph (B). amendment to amendment SA 2327 proposed SEC. llll. FAIRNESS DOCTRINE PROHIBITED. by Mr. KENNEDY to the bill H.R. 2669, supra. (D) Paragraph (2) of section 121(e) of such (a) SHORT TITLE.—This section may be Act is amended in the first sentence by SA 2360. Mr. GRAHAM proposed an amend- cited as the ‘‘Broadcaster Freedom Act of striking ‘‘paragraph (1)(A)’’ and inserting ment to amendment SA 2327 proposed by Mr. 2007’’. ‘‘paragraph (1)’’. KENNEDY to the bill H.R. 2669, supra. (b) FAIRNESS DOCTRINE PROHIBITED.—Title (d) EFFECTIVE DATES.— SA 2361. Mr. SCHUMER proposed an III of the Communications Act of 1934 is (1) IN GENERAL.—Except as otherwise pro- amendment to amendment SA 2341 sub- amended by inserting after section 303 (47 vided in this subsection, the amendments mitted by Mr. SUNUNU to the amendment SA U.S.C. 303) the following new section: 2327 proposed by Mr. KENNEDY to the bill made by this section shall apply to taxable years beginning after December 31, 2007. ‘‘SEC. 303A. LIMITATION ON GENERAL POWERS: H.R. 2669, supra. FAIRNESS DOCTRINE. (2) SUBSECTION (c)(1).—The amendment SA 2362. Mr. DEMINT proposed an amend- ‘‘Notwithstanding section 303 or any other made by subsection (c)(1) shall apply to ben- ment to amendment SA 2327 proposed by Mr. provision of this Act or any other Act au- efits paid after December 31, 2007. KENNEDY to the bill H.R. 2669, supra. thorizing the Commission to prescribe rules, (3) SUBSECTION (c)(2).—The amendments SA 2363. Ms. LANDRIEU proposed an regulations, policies, doctrines, standards, or made by subsection (c)(2) shall apply to tax amendment to amendment SA 2362 proposed other requirements, the Commission shall liabilities for taxable years beginning after by Mr. DEMINT to the amendment SA 2327 not have the authority to prescribe any rule, December 31, 2007. proposed by Mr. KENNEDY to the bill H.R. regulation, policy, doctrine, standard, or 2669, supra. SEC. ll. MAINTENANCE OF TRANSFERS TO HOS- other requirement that has the purpose or PITAL INSURANCE TRUST FUND. SA 2364. Mr. KERRY proposed an amend- effect of reinstating or repromulgating (in There are hereby appropriated to the Fed- ment to amendment SA 2353 submitted by whole or in part) the requirement that eral Hospital Insurance Trust Fund estab- Mr. KYL to the amendment SA 2327 proposed broadcasters present opposing viewpoints on by Mr. KENNEDY to the bill H.R. 2669, supra. lished under section 1817 of the Social Secu- rity Act (42 U.S.C. 1395i) amounts equal to controversial issues of public importance, f the reduction in revenues to the Treasury by commonly referred to as the ‘Fairness Doc- trine’, as repealed in General Fairness Doc- TEXT OF AMENDMENTS reason of the enactment of this Act. Amounts appropriated by the preceding sen- trine Obligations of Broadcast Licensees, 50 SA 2331. Mr. BUNNING submitted an tence shall be transferred from the general Fed. Reg. 35418 (1985).’’. amendment intended to be proposed by fund at such times and in such manner as to him to the bill H.R. 2669, to provide for replicate to the extent possible the transfers SA 2335. Mr. BIDEN submitted an reconciliation pursuant to section 601 which would have occurred to such Trust amendment intended to be proposed by of the concurrent resolution on the Fund had this Act not been enacted. him to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for budget for fiscal year 2008; which was SA 2332. Mr. BUNNING (for himself ordered to lie on the table; as follows: military activities of the Department and Mr. DEMINT) submitted an amend- of Defense, for military construction, At the appropriate place insert the fol- ment intended to be proposed by him lowing: and for defense activities of the De- to the bill H.R. 2669, to provide for rec- partment of Energy, to prescribe mili- SEC. ll. REPEAL OF 1993 INCOME TAX IN- onciliation pursuant to section 601 of tary personnel strengths for such fiscal CREASE ON SOCIAL SECURITY BENE- the concurrent resolution on the budg- FITS. year, and for other purposes; which was et for fiscal year 2008; which was or- (a) RESTORATION OF PRIOR LAW FORMULA.— ordered to lie on the table; as follows: dered to lie on the table; as follows: Subsection (a) of section 86 (relating to so- At the end of subtitle C of title XV, add the cial security and tier 1 railroad retirement At the appropriate place insert the fol- following: lowing: benefits) is amended to read as follows: SEC. 1535. IMPROVISED EXPLOSIVE DEVICE AND ‘‘(a) IN GENERAL.—Gross income for the SEC. l. REPEAL OF APPLICABILITY OF SUNSET EXPLOSIVELY FORMED PENE- taxable year of any taxpayer described in OF THE ECONOMIC GROWTH AND TRATOR PROTECTION FOR MILI- subsection (b) (notwithstanding section 207 TAX RELIEF RECONCILIATION ACT TARY VEHICLES. OF 2001 WITH RESPECT TO ADOP- ROCUREMENT OF DDITIONAL INE E of the Social Security Act) includes social TION CREDIT AND ADOPTION AS- (a) P A M R - security benefits in an amount equal to the SISTANCE PROGRAMS. SISTANT AMBUSH PROTECTED VEHICLES.— lesser of— Section 901 of the Economic Growth and (1) ADDITIONAL AMOUNT FOR MARINE CORPS ‘‘(1) one-half of the social security benefits Tax Relief Reconciliation Act of 2001 is PROCUREMENT.—The amount authorized to be received during the taxable year, or amended by adding at the end the following appropriated by section 1502(b) for procure- ‘‘(2) one-half of the excess described in sub- new subsection: ment for the Marine Corps is hereby in- section (b)(1).’’. ‘‘(c) EXCEPTION.—Subsection (a) shall not creased by $23,600,000,000. (b) REPEAL OF ADJUSTED BASE AMOUNT.— apply to the amendments made by section (2) AVAILABILITY FOR PROCUREMENT OF AD- Subsection (c) of section 86 is amended to 202 (relating to expansion of adoption credit DITIONAL MRAP VEHICLES.—Of the amount au- read as follows: and adoption assistance programs).’’. thorized to be appropriated by section 1502(b)

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for procurement for the Marine Corps, as in- ‘‘(b) ELIGIBLE INDIVIDUALS.—An individual offered by private lenders as part of loans fi- creased by paragraph (1), $23,600,000,000 may shall be eligible to receive a loan under this nancing postsecondary education.’’. be available for the Marine Corps as program section if such individual attends an institu- manager for the Army for the procurement tion of higher education on a full-time basis SA 2337. Mr. NELSON of Nebraska of 15,200 Mine Resistant Ambush Protected as an undergraduate or graduate student. (for himself and Mr. BURR) submitted (MRAP) Vehicles for the Army. ‘‘(c) FIXED INTEREST RATE LOANS AND VARI- an amendment intended to be proposed (b) ADDITIONAL COSTS OF CURRENT PRO- ABLE INTEREST RATE LOANS.— to amendment SA 2327 proposed by Mr. ‘‘(1) IN GENERAL.—Beginning with academic CUREMENT OF MINE RESISTANT AMBUSH PRO- KENNEDY to the bill H.R. 2669, to pro- year 2008–2009, the Secretary shall make TECTED VEHICLES.— vide for reconciliation pursuant to sec- (1) ADDITIONAL AMOUNT FOR MARINE CORPS fixed interest rate loans and variable inter- PROCUREMENT.—The amount authorized to be est rate loans to eligible individuals under tion 601 of the concurrent resolution on appropriated by section 1502(b) for procure- this section to enable such individuals to the budget for fiscal year 2008; as fol- ment for the Marine Corps is hereby in- pursue their courses of study at institutions lows: creased by $1,000,000,000. of higher education on a full-time basis. Beginning on page 5, strike line 13 and all (2) AVAILABILITY FOR ADDITIONAL COSTS OF ‘‘(2) FIXED INTEREST RATE LOANS.—With re- that follows through page 27, line 18, and in- CURRENT PROCUREMENT OF MRAP VEHICLES.— spect to a fixed interest rate loan made sert the following: Of the amount authorized to be appropriated under this section, the applicable rate of in- ‘‘(A) $1,670,000,000 for fiscal year 2008; by section 1502(b) for procurement for the terest on the principal balance of the loan ‘‘(B) $2,060,000,000 for fiscal year 2009; Marine Corps, as increased by paragraph (1), shall be set by the Secretary at the lowest ‘‘(C) $2,460,000,000 for fiscal year 2010; $1,000,000,000 may be available for the Marine rate for the borrower that will result in no ‘‘(D) $2,880,000,000 for fiscal year 2011; Corps as program manager for the on-going net cost to the Federal Government over the ‘‘(E) $2,970,000,000 for fiscal year 2012; procurement of 7,774 Mine Resistant Ambush life of the loan. ‘‘(F) $360,000,000 for fiscal year 2013; Protected Vehicles for the Armed Forces. ‘‘(3) VARIABLE INTEREST RATE LOANS.—With ‘‘(G) $3,080,000,000 for fiscal year 2014; (c) HIGHLY SURVIVABLE URBAN VEHICLES.— respect to a variable interest rate loan made ‘‘(H) $3,140,000,000 for fiscal year 2015; (1) ADDITIONAL AMOUNT FOR OTHER PRO- under this section, the applicable rate of in- ‘‘(I) $3,190,000,000 for fiscal year 2016; and CUREMENT, ARMY.—The amount authorized to terest shall, during any 12-month period be- ‘‘(J) $3,270,000,000 for fiscal year 2017. be appropriated by section 1501(5) for other ginning on July 1 and ending on June 30, be ‘‘(2) AVAILABILITY OF FUNDS.—Funds appro- procurement for the Army is hereby in- determined on the preceding June 1 and be priated under paragraph (1) for a fiscal year creased by $200,000,000. equal to— shall remain available through the last day (2) AVAILABILITY FOR HIGHLY SURVIVABLE ‘‘(A) the bond equivalent rate of 91-day of the fiscal year immediately succeeding URBAN VEHICLES.—Of the amount authorized Treasury bills auctioned at the final auction the fiscal year for which the funds are appro- to be appropriated by section 1501(5) for held prior to such June 1; plus priated.’’. other procurement for the Army, as in- ‘‘(B) a margin determined on an annual (b) EFFECTIVE DATE.—The amendment creased by paragraph (1), $200,000,000 may be basis by the Secretary to result in the lowest made by subsection (a) shall take effect on available for the Army Rapid Equipping rate for the borrower that will result in no July 1, 2008. Forces for the Ballistic Protection Experi- net cost to the Federal Government over the TITLE II—STUDENT LOAN BENEFITS, ment (BPE) program for Highly Survivable life of the loan. TERMS, AND CONDITIONS Urban Vehicles. ‘‘(d) MAXIMUM LOAN AMOUNT.— SEC. 201. DEFERMENTS. (d) ADDITIONAL VEHICLE-BASED EXPLO- ‘‘(1) IN GENERAL.—The Secretary shall (a) FISL.—Section 427(a)(2)(C)(iii) (20 SIVELY FORMED PENETRATOR PROTECTION.— make a loan under this section in any U.S.C. 1077(a)(2)(C)(iii)) is amended by strik- (1) ADDITIONAL AMOUNT FOR JOINT IMPRO- amount up to the maximum amount de- ing ‘‘3 years’’ and inserting ‘‘6 years’’. VISED EXPLOSIVE DEVICE DEFEAT FUND.—The scribed in paragraph (2). (b) INTEREST SUBSIDIES.—Section amount authorized to be appropriated by ‘‘(2) MAXIMUM AMOUNT.—For an eligible in- 428(b)(1)(M)(iv) (20 U.S.C. 1078(b)(1)(M)(iv)) is section 1510 for the Joint Improvised Explo- dividual, the maximum amount shall be cal- amended by striking ‘‘3 years’’ and inserting sive Device Defeat Fund is hereby increased culated by subtracting from the estimated ‘‘6 years’’. by $200,000,000. cost of attendance for such individual to at- (c) DIRECT LOANS.—Section 455(f)(2)(D) (20 (2) AVAILABILITY FOR ADDITIONAL VEHICLE- tend the institution of higher education, any U.S.C. 1087e(f)(2)(D)) is amended by striking BASED EXPLOSIVELY FORMED PENETRATOR PRO- amount of financial aid awarded to the eligi- ‘‘3 years’’ and inserting ‘‘6 years’’. TECTION.—Of the amount authorized to be ap- ble individual and any loan amount for (d) PERKINS.—Section 464(c)(2)(A)(iv) (20 propriated by section 1510 for the Joint Im- which the individual is eligible, but does not U.S.C. 1087dd(c)(2)(A)(iv)) is amended by provised Explosive Device Defeat Fund, as receive such amount, pursuant to the sub- striking ‘‘3 years’’ and inserting ‘‘6 years’’. increased by paragraph (1), $200,000,000 may sidized loan program established under sec- (e) EFFECTIVE DATE AND APPLICABILITY.— be available for other initiatives to field ve- tion 428 and the unsubsidized loan program The amendments made by this section shall hicle-based explosively formed penetrator established under section 428H. take effect on July 1, 2008, and shall only protection. ‘‘(e) COSIGNERS.—The Secretary shall offer apply with respect to the loans made to a (e) REPORT.—Not later than 30 days after to eligible individuals both fixed interest borrower of a loan under title IV of the High- the date of the enactment of this Act, the rate loans and variable interest rate loans er Education Act of 1965 who obtained the Secretary of Defense shall submit to the con- under this section with the option of having borrower’s first loan under such title prior to gressional defense committees a report set- a cosigner or not having a cosigner. October 1, 2012. ting forth such recommendations for legisla- ‘‘(f) REPAYMENT.—The Secretary shall offer SEC. 202. STUDENT LOAN DEFERMENT FOR CER- tive or administrative action as the Sec- a borrower of a loan made under this section TAIN MEMBERS OF THE ARMED retary considers appropriate to accelerate the same repayment plans the Secretary of- FORCES. the procurement and deployment of impro- fers under section 455(d) for Federal Direct (a) FEDERAL FAMILY EDUCATION LOANS.— vised explosive device vehicle protection and Loans. Section 428(b)(1)(M)(iii) (20 U.S.C. explosively former penetrator vehicle protec- ‘‘(g) CONSOLIDATION.—A borrower of a loan 1078(b)(1)(M)(iii)) is amended— tion. made under this section may consolidate (1) in the matter preceding subclause (I), such loan with Federal Direct Loans made by striking ‘‘not in excess of 3 years’’; SA 2336. Mr. BROWN submitted an under part D. (2) in subclause (II), by striking ‘‘; or’’ and amendment intended to be proposed by ‘‘(h) DISCLOSURES AND COOLING OFF PE- inserting a comma; and him to the bill S. 1642, to extend the RIOD.— (3) by adding at the end the following: authorization of programs under the ‘‘(1) DISCLOSURES.—The Secretary shall ‘‘and for the 180-day period following the de- Higher Education Act of 1965, and for provide disclosures to each borrower of a mobilization date for the service described in other purposes; which was ordered to loan made under this section that are not subclause (I) or (II); or’’. less than as protective as the disclosures re- (b) DIRECT LOANS.—Section 455(f)(2)(C) (20 lie on the table; as follows: quired under the Truth in Lending Act (15 U.S.C. 1087e(f)(2)(C)) is amended— At the end of title IV of the bill, add the U.S.C. 1601 et seq.), including providing a de- (1) in the matter preceding clause (i), by following: scription of the terms, fees, and annual per- striking ‘‘not in excess of 3 years’’; PART H—FEDERAL SUPPLEMENTAL LOAN centage rate with respect to the loan before (2) in clause (ii), by striking ‘‘; or’’ and in- PROGRAM signing the promissory note. serting a comma; and SEC. 499. FEDERAL SUPPLEMENTAL LOAN PRO- ‘‘(2) COOLING OFF PERIOD.—With respect to (3) by adding at the end the following: GRAM. loans made under this section, the Secretary ‘‘and for the 180-day period following the de- Title IV (20 U.S.C. 1070 et seq.) is further shall provide a cooling off period for the bor- mobilization date for the service described in amended by adding at the end the following: rower of not less than 10 business days dur- clause (i) or (ii); or’’. ‘‘SEC. 499B. FEDERAL SUPPLEMENTAL LOAN PRO- ing which an individual may rescind consent (c) PERKINS LOANS.—Section GRAM. to borrow funds pursuant to this section. 464(c)(2)(A)(iii) (20 U.S.C. 1087dd(c)(2)(A)(iii)) ‘‘(a) PROGRAM AUTHORIZED.—The Secretary ‘‘(i) DISCRETION TO ALTER.—The Secretary is amended— shall carry out a Federal Supplemental Loan may design or alter the loan program under (1) in the matter preceding subclause (I), Program in accordance with this section. this section with features similar to those by striking ‘‘not in excess of 3 years’’;

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(2) in subclause (II), by striking the semi- come-based repayment of the terms and con- (c) DIRECT LOANS.—Section 455 (as amend- colon and inserting a comma; and ditions of such plan, in accordance with the ed by sections 201(c) and 202(b)) (20 U.S.C. (3) by adding at the end the following: procedures established by the Secretary, in- 1087e) is further amended— ‘‘and for the 180-day period following the de- cluding notification that— (1) in subsection (d)— mobilization date for the service described in ‘‘(aa) the borrower shall be responsible for (A) in paragraph (1)(D)— subclause (I) or (II);’’. providing the lender with the information (i) by striking ‘‘income contingent repay- (d) APPLICABILITY.—Section 8007(f) of the necessary for documentation of the bor- ment plan’’ and inserting ‘‘income-based re- Higher Education Reconciliation Act of 2005 rower’s income, including income informa- payment plan’’; and (20 U.S.C. 1078 note) is amended by striking tion for the borrower’s spouse (as applica- (ii) by striking ‘‘a Federal Direct PLUS ‘‘loans for which’’ and all that follows ble); and loan’’ and inserting ‘‘an excepted PLUS loan through the period at the end and inserting ‘‘(bb) if the borrower considers that special or any Federal Direct Consolidation Loan ‘‘all loans under title IV of the Higher Edu- circumstances warrant an adjustment, as de- that includes an excepted PLUS loan (as de- cation Act of 1965.’’. scribed in section 455(e)(8)(B), the borrower fined in subsection (e)(10))’’; and (e) EFFECTIVE DATE.—The amendments may contact the lender, and the lender shall (B) in paragraph (5)(B), by striking ‘‘in- made by this section shall take effect on determine whether such adjustment is appro- come contingent’’ and inserting ‘‘income- July 1, 2008. priate, in accordance with the criteria estab- based’’; and SEC. 203. INCOME-BASED REPAYMENT PLANS. lished by the Secretary; and’’; (2) in subsection (e)— (A) in the subsection heading, by striking (a) FFEL.—Section 428 (as amended by sec- (2) in subsection (e)— ‘‘INCOME CONTINGENT’’ and inserting ‘‘IN- tions 201(b) and 202(a)) (20 U.S.C. 1078) is fur- (A) in the subsection heading, by striking COME-BASED’’; ther amended— ‘‘INCOME-SENSITIVE’’ and inserting ‘‘INCOME- (B) in paragraphs (1), (2), and (3), by strik- (1) in subsection (b)— BASED’’; ing ‘‘income contingent’’ each place the (A) in paragraph (1)— (B) in paragraph (1)— (i) by striking ‘‘income-sensitive repay- term appears and inserting ‘‘income-based’’; (i) in subparagraph (D), by striking ‘‘in- (C) in paragraph (4)— come contingent’’ and inserting ‘‘income- ment’’ and inserting ‘‘income-based repayment’’; and (i) by striking ‘‘Income contingent’’ and based’’; and inserting ‘‘Income-based’’; and (ii) in subparagraph (E)(i), by striking ‘‘in- (ii) by inserting ‘‘and for the public service loan forgiveness program under section (ii) by striking ‘‘Secretary.’’ and inserting come-sensitive’’ and inserting ‘‘income- ‘‘Secretary, except that the monthly re- based’’; and 455(m), in accordance with section 428C(b)(5)’’ before the semicolon; and quired payment under such schedule shall (B) by striking clause (iii) of paragraph not exceed 15 percent of the result obtained (9)(A) and inserting the following: (C) in paragraphs (2) and (3), by striking ‘‘income-sensitive’’ each place the term oc- by calculating the amount by which— ‘‘(iii) an income-based repayment plan, ‘‘(A) the borrower’s adjusted gross income; with parallel terms, conditions, and benefits curs and inserting ‘‘income-based’’; and (3) in subsection (m)— exceeds as the income-based repayment plan de- ‘‘(B) 150 percent of the poverty line appli- (A) in the subsection heading, by striking scribed in subsections (e) and (d)(1)(D) of sec- cable to the borrower’s family size, as deter- ‘‘INCOME CONTINGENT’’ and inserting ‘‘IN- tion 455, except that— mined under section 673(2) of the Community COME-BASED’’; ‘‘(I) the plan described in this clause shall Service Block Grant Act, (B) in paragraph (1), by striking ‘‘income not be available to a borrower of an excepted divided by 12.’’; contingent repayment plan’’ and all that fol- PLUS loan (as defined in section 455(e)(10)) (D) in paragraph (5), by striking ‘‘income lows through the period at the end and in- or of a loan made under 428C that includes an contingent’’ and inserting ‘‘income-based’’; serting ‘‘income-based repayment plan as de- excepted PLUS loan; (E) by redesignating paragraph (6) as para- scribed in subsection (b)(9)(A)(iii) and sec- ‘‘(II) in lieu of the process of obtaining graph (8); tion 455(d)(1)(D).’’; and Federal income tax returns and information (F) by inserting after paragraph (5) the fol- (C) in the paragraph heading of paragraph from the Internal Revenue Service, as de- lowing: (2), by striking ‘‘INCOME CONTINGENT’’ and in- scribed in section 455(e)(1), the borrower ‘‘(6) TREATMENT OF INTEREST.—In the case shall provide the lender with a copy of the serting ‘‘INCOME-BASED’’. of a Federal Direct Stafford Loan, any inter- Federal income tax return and return infor- (b) CONSOLIDATION LOANS.—Section 428C (20 est due and not paid for under paragraph (2) mation for the borrower (and, if applicable, U.S.C. 1078–3) is amended— shall be paid by the Secretary. the borrower’s spouse) for the purposes de- (1) in subsection (a)(3)(B)(i)(V), by striking ‘‘(7) LOAN FORGIVENESS.—The Secretary scribed in section 455(e)(1), and the lender ‘‘for the purposes of obtaining an income shall cancel the obligation to repay an out- shall determine the repayment obligation on contingent repayment plan,’’ and inserting standing balance of principal and interest the loan, in accordance with the procedures ‘‘for the purpose of using the public service due on all loans made under this part, or as- developed by the Secretary; loan forgiveness program under section sume the obligation to repay an outstanding ‘‘(III) in lieu of the requirements of section 455(m),’’; balance of principal and interest due on all 455(e)(3), in the case of a borrower who choos- (2) in subsection (b)(5)— loans made, insured, or guaranteed under es to repay a loan made, insured, or guaran- (A) in the first sentence, by striking ‘‘, or part B, (other than an excepted PLUS Loan, teed under this part pursuant to income- is unable to obtain a consolidation loan with or any Federal Direct Consolidation Loan or based repayment and for whom the adjusted income-sensitive repayment terms accept- loan under section 428C that includes an ex- gross income is unavailable or does not rea- able to the borrower from such a lender,’’ cepted PLUS loan) to a borrower who— sonably reflect the borrower’s current in- and inserting ‘‘, or chooses to obtain a con- ‘‘(A) makes the election under this sub- come, the borrower shall provide the lender solidation loan for the purposes of using the section or under section 428(b)(9)(A)(iii); and with other documentation of income that public service loan forgiveness program of- ‘‘(B) for a period of time prescribed by the the Secretary has determined is satisfactory fered under section 455(m),’’; and Secretary not to exceed 25 years (including for similar borrowers of loans made under (B) in the second sentence, by striking ‘‘in- any period during which the borrower is in part D; come contingent repayment under part D of deferment due to an economic hardship de- ‘‘(IV) the Secretary shall pay any interest this title’’ and inserting ‘‘income-based re- scribed in section 435(o)), meets 1 of the fol- due and not paid for under the repayment payment’’; and lowing requirements with respect to each schedule described in section 455(e)(4) for a (3) in subsection (c)— payment made during such period: loan made, insured, or guaranteed under this (A) in paragraph (2)(A)— ‘‘(i) Has made the payment under this sub- part in the same manner as the Secretary (i) in the first sentence, by striking ‘‘of section or section 428(b)(9)(A)(iii). pays any such interest under section 455(e)(6) graduated or income-sensitive repayment ‘‘(ii) Has made the payment under a stand- for a Federal Direct Stafford Loan; schedules, established by the lender in ac- ard repayment plan under section ‘‘(V) the Secretary shall assume the obliga- cordance with the regulations of the Sec- 428(b)(9)(A)(i) or 455(d)(1)(A). tion to repay an outstanding balance of prin- retary.’’ and inserting ‘‘of graduated repay- ‘‘(iii) Has made a payment that counted to- cipal and interest due on all loans made, in- ment schedules, established by the lender in ward the maximum repayment period under sured, or guaranteed under this part (other accordance with the regulations of the Sec- income-sensitive repayment under section than an excepted PLUS Loan or a loan under retary, and income-based repayment sched- 428(b)(9)(A)(iii) or income contingent repay- section 428C that includes an excepted PLUS ules, established pursuant to regulations by ment under section 455(d)(1)(D), as each such loan), for a borrower who satisfies the re- the Secretary.’’; and section was in effect on June 30, 2008. quirements of subparagraphs (A) and (B) of (ii) in the second sentence, by striking ‘‘(iv) Has made a reduced payment of not section 455(e)(7), in the same manner as the ‘‘Except as required’’ and all that follows less than the amount required under sub- Secretary cancels such outstanding balance through ‘‘subsection (b)(5),’’ and inserting section (e), pursuant to a forbearance agree- under section 455(e)(7); and ‘‘Except as required by such income-based ment under section 428(c)(3)(A)(i) for a bor- ‘‘(VI) in lieu of the notification require- repayment schedules,’’; and rower described in 428(c)(3)(A)(i)(II).’’; ments under section 455(e)(8), the lender (B) in paragraph (3)(B), by striking ‘‘in- (G) in the matter preceding subparagraph shall notify a borrower of a loan made, income contingent repayment offered by the (A) of paragraph (8) (as redesignated by sub- sured, or guaranteed under this part who Secretary under subsection (b)(5)’’ and in- paragraph (E)), by striking ‘‘income contin- chooses to repay such loan pursuant to inserting ‘‘income-based repayment’’. gent’’ and inserting ‘‘income-based’’; and

VerDate Aug 31 2005 07:16 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.111 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9629 (H) by adding at the end the following: SEC. 303. ELIMINATION OF EXCEPTIONAL PER- intended to be proposed to amendment FORMER STATUS FOR LENDERS. ‘‘(9) RETURN TO STANDARD REPAYMENT.—A SA 2327 proposed by Mr. KENNEDY to borrower who is repaying a loan made under (a) ELIMINATION OF STATUS.—Part B of title IV (20 U.S.C. 1071 et seq.) is amended by the bill H.R. 2669, to provide for rec- this part pursuant to income-based repay- onciliation pursuant to section 601 of ment may choose, at any time, to terminate striking section 428I (20 U.S.C. 1078–9). repayment pursuant to income-based repay- (b) CONFORMING AMENDMENTS.—Part B of the concurrent resolution on the budg- ment and repay such loan under the standard title IV is further amended— et for fiscal year 2008; as follows: repayment plan. (1) in section 428(c)(1) (20 U.S.C. 1078(c)(1))— At the appropriate place, insert the fol- ‘‘(10) DEFINITION OF EXCEPTED PLUS LOAN.— (A) by striking subparagraph (D); and lowing: In this subsection, the term ‘excepted PLUS (B) by redesignating subparagraphs (E) SEC. ll. EMPLOYMENT-BASED VISAS. loan’ means a Federal Direct PLUS loan or a through (H) as subparagraphs (D) through (a) RECAPTURE OF UNUSED EMPLOYMENT- loan under section 428B that is made, in- (G), respectively; and BASED IMMIGRANT VISAS.—Section 106(d) of sured, or guaranteed on behalf of a depend- (2) in section 438(b)(5) (20 U.S.C. 1087– the American Competitiveness in the Twen- ent student.’’. 1(b)(5)), by striking the matter following sub- ty-first Century Act of 2000 (Public Law 106– (d) CONFORMING AMENDMENTS AND TECH- paragraph (B). 313; 8 U.S.C. 1153 note) is amended— (c) EFFECTIVE DATE.—The amendments NICAL CORRECTIONS.—The Act (20 U.S.C. 1001 (1) in paragraph (1)— et seq.) is further amended— made by subsections (a) and (b) shall take ef- (A) by inserting ‘‘1994, 1996, 1997, 1998,’’ (1) in section 427(a)(2)(H) (20 U.S.C. fect on October 1, 2007, except that section after ‘‘available in fiscal year’’; 1077(a)(2)(H))— 428I of the Higher Education Act of 1965 (as (B) by striking ‘‘or 2004’’ and inserting (A) by striking ‘‘or income-sensitive’’; and in effect on the day before the date of enact- ‘‘2004, or 2006’’; and (B) by inserting ‘‘or income-based repayment of this Act) shall apply to eligible lend- (C) by striking ‘‘be available’’ and all that ment schedule established pursuant to regu- ers that received a designation under sub- follows and inserting the following: ‘‘be lations by the Secretary’’ before the semi- section (a) of such section prior to October 1, available only to— colon at the end; and 2007, for the remainder of the year for which ‘‘(A) employment-based immigrants under (2) in section 455(d)(1)(C) (20 U.S.C. the designation was made. paragraphs (1), (2), and (3) of section 203(b) of 1087e(d)(1)(C)), by striking ‘‘428(b)(9)(A)(v)’’ SEC. 304. DEFINITIONS. the Immigration and Nationality Act (8 and inserting ‘‘428(b)(9)(A)(iv)’’. (a) AMENDMENTS.—Section 435(o)(1) (20 U.S.C. 1153(b)); (e) TRANSITION PROVISION.—A student who, U.S.C. 1085(o)(1)) is amended— ‘‘(B) the family members accompanying or as of June 30, 2008, elects to repay a loan (1) in subparagraph (A)(ii), by striking ‘‘100 following to join such employment-based im- under part B or part D of the Higher Edu- percent of the poverty line for a family of 2’’ migrants under section 203(d) of such Act; cation Act of 1965 (20 U.S.C. 1071 et seq., 1087a and inserting ‘‘150 percent of the poverty line and et seq.) through an income-sensitive repay- applicable to the borrower’s family size’’; ‘‘(C) those immigrant workers who had pe- ment plan under section 428(b)(9)(A)(iii) of and titions approved based on Schedule A, Group such Act (20 U.S.C. 1078(b)(9)(A)(iii)) or an in- (2) in subparagraph (B)(ii), by striking ‘‘to I under section 656.5 of title 20, Code of Fed- come contingent repayment plan under sec- a family of two’’ and inserting ‘‘to the bor- eral Regulations, as promulgated by the Sec- tion 455(d)(1)(D) of such Act (20 U.S.C. rower’s family size’’. retary of Labor.’’; and 1087e(d)(1)(D)) (as each such section was in (b) APPLICABILITY.—The amendment made (2) in paragraph (2)— effect on the day before the date of enact- by subsection (a) shall only apply with re- (A) in subparagraph (A), by striking ‘‘1999 ment of this Act) shall have the option to spect to any borrower of a loan under title through 2004’’ and inserting ‘‘1994, 1996 continue repayment under such section (as IV of the Higher Education Act of 1965 who through 1998, 2001 through 2004, and 2006’’; such section was in effect on such day), or obtained the borrower’s first loan under such and may elect, beginning on July 1, 2008, to use title prior to October 1, 2012. (B) in subparagraph (B), by amending the income-based repayment plan under sec- SEC. 305. SPECIAL ALLOWANCES. clause (ii) to read as follows: tion 428(b)(9)(A)(iii) or 455(d)(1)(D) (as appli- (a) REDUCTION OF LENDER SPECIAL ALLOW- ‘‘(ii) DISTRIBUTION OF VISAS.—The total cable) of the Higher Education Act of 1965, as ANCE PAYMENTS.—Section 438(b)(2)(I) (20 number of visas made available under para- amended by this section. U.S.C. 1087–1(b)(2)(I)) is amended— graph (1) from unused visas from fiscal years (f) EFFECTIVE DATE AND APPLICABILITY.— (1) in clause (i), by striking ‘‘(iii), and (iv)’’ 1994, 1996 through 1998, 2001 through 2004, and The amendments made by this section shall and inserting ‘‘(iii), (iv), and (vi)’’; and 2006 shall be distributed as follows: take effect on July 1, 2008, and shall only (2) by adding at the end the following: ‘‘(I) The total number of visas made avail- apply with respect to a borrower of a loan ‘‘(vi) REDUCTION FOR LOANS DISBURSED ON able for immigrant workers who had peti- under title IV of the Higher Education Act of OR AFTER OCTOBER 1, 2007.—With respect to a tions approved based on Schedule A, Group I 1965 who obtained the borrower’s first loan loan on which the applicable interest rate is under section 656.5 of title 20, Code of Fed- under such title prior to October 1, 2012. determined under section 427A(l) and for eral Regulations, as promulgated by the Sec- which the first disbursement of principal is retary of Labor shall be 61,000. TITLE III—FEDERAL FAMILY EDUCATION made on or after October 1, 2007, the special ‘‘(II) The visas remaining from the total LOAN PROGRAM allowance payment computed pursuant to made available under subclause (I) shall be SEC. 301. REDUCTION OF LENDER INSURANCE this subparagraph shall be computed— allocated equally among employment-based PERCENTAGE. ‘‘(I) by substituting ‘1.39 percent’ for ‘1.74 immigrants with approved petitions under (a) AMENDMENT.—Section 428(b)(1)(G) (20 percent’ in clause (ii); paragraph (1), (2), or (3) of section 203(b) of U.S.C. 1078(b)(1)(G)) is amended— ‘‘(II) by substituting ‘1.99 percent’ for ‘2.34 the Immigration and Nationality Act (and (1) in the matter preceding clause (i), by percent’ each place it appears in this sub- their family members accompanying or fol- striking ‘‘insures 98 percent’’ and inserting paragraph; lowing to join).’’. ‘‘insures 97 percent’’; ‘‘(III) by substituting ‘1.99 percent’ for ‘2.64 (b) H–1B VISA AVAILABILITY.—Section (2) in clause (i), by inserting ‘‘and’’ after percent’ in clause (iii); and 214(g)(1)(A) of the Immigration and Nation- the semicolon; ‘‘(IV) by substituting ‘2.29 percent’ for ‘2.64 ality Act (8 U.S.C. 1184(g)(1)(A)) is amended— (3) by striking clause (ii); and percent’ in clause (iv).’’. (1) in clause (vi), by striking ‘‘and’’ at the (4) by redesignating clause (iii) as clause end; (ii). SA 2338. Mr. COLEMAN (for himself (2) by redesignating clause (vii) as clause (b) EFFECTIVE DATE.—The amendment and Ms. LANDRIEU) proposed an amend- (ix); and made by subsection (a) shall take effect with ment to amendment SA 2327 proposed (3) by inserting after clause (vi) the fol- respect to loans made on or after October 1, by Mr. KENNEDY to the bill H.R. 2669, to lowing: 2007. provide for reconciliation pursuant to ‘‘(vii) 65,000 in each of fiscal years 2004 SEC. 302. GUARANTY AGENCY COLLECTION RE- section 601 of the concurrent resolution through 2007; TENTION. on the budget for fiscal year 2008; as ‘‘(viii) 115,000 in fiscal year 2008; and’’. Clause (ii) of section 428(c)(6)(A) (20 U.S.C. follows: 1078(c)(6)(A)(ii)) is amended to read as fol- SA 2340. Ms. COLLINS (for herself, lows: In section 480(d)(1)(B) of the Higher Edu- Mr. KYL, Mr. LIEBERMAN, and Mr. WAR- ‘‘(ii) an amount equal to 24 percent of such cation Act of 1965 (as amended by section NER) submitted an amendment in- payments for use in accordance with section 604(2) of the Higher Education Access Act of tended to be proposed to amendment 2007), insert ‘‘when the individual was 13 422B, except that— SA 2327 proposed by Mr. KENNEDY to ‘‘(I) beginning October 1, 2003 and ending years of age or older’’ after ‘‘or was in foster care’’. the bill H.R. 2669, to provide for rec- September 30, 2007, this subparagraph shall onciliation pursuant to section 601 of be applied by substituting ‘23 percent’ for ‘24 percent’; and SA 2339. Mr. CORNYN (for himself the concurrent resolution on the budg- ‘‘(II) beginning October 1, 2007, this sub- and Mr. ENZI, Mr. GREGG, Mr. SMITH, et for fiscal year 2008; as follows: paragraph shall be applied by substituting Mr. SUNUNU, Mr. COLEMAN, and Mr. At the appropriate place, insert the fol- ‘16 percent’ for ‘24 percent’.’’. VOINOVICH) submitted an amendment lowing:

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SEC. ll. IMMUNITY FOR REPORTS OF SUS- (5) VEHICLE.—The term ‘‘vehicle’’ has the In the appropriate place insert the fol- PICIOUS BEHAVIOR AND RESPONSE. meaning given to that term in section lowing: (a) IMMUNITY FOR REPORTS OF SUSPICIOUS 1992(16) of title 18, United States Code. SEC. ll. FEDERAL AFFIRMATION OF IMMI- BEHAVIOR.— (e) EFFECTIVE DATE.—This section shall GRATION LAW ENFORCEMENT BY STATES AND (1) IN GENERAL.—Any person who, in good take effect on November 20, 2006, and shall POLITICAL SUBDIVISIONS OF STATES.— faith and based on objectively reasonable apply to all activities and claims occurring (1) AUTHORITY.—Law enforcement per- suspicion, makes, or causes to be made, a on or after such date. sonnel of a State, or a political subdivision voluntary report of covered activity to an of a State, have the inherent authority of a authorized official shall be immune from SA 2341. Mr. SUNUNU submitted an sovereign entity to investigate, apprehend, civil liability under Federal, State, and local amendment intended to be proposed to arrest, detain, or transfer to Federal custody law for such report. amendment SA 2327 proposed by Mr. (including the transportation across State lines to detention centers) an alien for the (2) FALSE REPORTS.—Paragraph (1) shall KENNEDY to the bill H.R. 2669, to pro- not apply to any report that the person knew purpose of assisting in the enforcement of vide for reconciliation pursuant to sec- the immigration laws of the United States to be false at the time that person made that tion 601 of the concurrent resolution on report. including laws related to Visa overstay in the budget for fiscal year 2008; as fol- the normal course of carrying out the law (b) IMMUNITY FOR RESPONSE.— enforcement duties of such personnel. This (1) IN GENERAL.—Any authorized official lows: who observes, or receives a report of, covered At the appropriate place, insert the fol- State authority has never been displaced or activity and takes reasonable action to re- lowing: preempted by Federal law. ONSTRUCTION.—Nothing in this sub- spond to such activity shall be immune from SEC. lll. PERMANENT EXTENSION OF CERTAIN (2) C section may be construed to require law en- civil liability under Federal, State, and local EDUCATION-RELATED TAX INCEN- forcement personnel of a State or a political law for such action. TIVES. subdivision to assist in the enforcement of (2) SAVINGS CLAUSE.—Nothing in this sub- Title IX of the Economic Growth and Tax the immigration laws of the United States. section shall affect the ability of any author- Relief Reconciliation Act of 2001 (relating to SEC. ll. LISTING OF IMMIGRATION VIOLA- ized official to assert any defense, privilege, sunset of provisions of such Act) shall not TORS IN THE NATIONAL CRIME INFORMATION or immunity that would otherwise be avail- apply to title IV of such Act (relating to affordable education provisions). CENTER DATABASE.— able, and this subsection shall not be con- (1) PROVISION OF INFORMATION TO THE NA- strued as affecting any such defense, privi- TIONAL CRIME INFORMATION CENTER.— lege, or immunity. SA 2342. Mr. SESSIONS submitted an amendment intended to be proposed to (A) IN GENERAL.—Except as provided under (c) ATTORNEY FEES AND COSTS.—Any per- amendment SA 2327 proposed by Mr. subparagraph (C), not later than 180 days son or authorized official found to be im- after the date of the enactment of this Act, mune from civil liability under this section KENNEDY to the bill H.R. 2669, to pro- the Secretary shall provide to the head of shall be entitled to recover from the plaintiff vide for reconciliation pursuant to sec- the National Crime Information Center of all reasonable costs and attorney fees. tion 601 of the concurrent resolution on the Department of Justice the information (d) DEFINITIONS.—In this section: the budget for fiscal year 2008; as fol- that the Secretary has or maintains related (1) AUTHORIZED OFFICIAL.—The term ‘‘au- lows: to any alien— thorized official’’ means— At the appropriate place, insert the fol- (i) against whom a final order of removal (A) any employee or agent of a mass trans- lowing: has been issued; portation system; (ii) who enters into a voluntary departure SEC. l. ADJUSTMENTS TO INDIVIDUAL ALTER- (B) any officer, employee, or agent of the NATIVE MINIMUM TAX. agreement, or is granted voluntary depar- Department of Homeland Security, the De- ture by an immigration judge, whose period (a) ALLOWANCE OF DEDUCTION FOR PER- partment of Transportation, or the Depart- for departure has expired under subsection SONAL EXEMPTIONS AGAINST INDIVIDUAL AL- ment of Justice; (a)(3) of section 240B of the Immigration and TERNATIVE MINIMUM TAX.— (C) any Federal, State, or local law en- Nationality Act (8 U.S.C. 1229c), subsection (1) IN GENERAL.—Section 56(b)(1)(E) of the forcement officer; or Internal Revenue Code of 1986 (relating to (b)(2) of such section 240B, or who has vio- (D) any transportation security officer. standard deduction and deduction for per- lated a condition of a voluntary departure (2) COVERED ACTIVITY.—The term ‘‘covered sonal exemptions) is amended by striking ‘‘, agreement under such section 240B; activity’’ means any suspicious transaction, the deduction for personal exemptions under (iii) whom a Federal immigration officer activity, or occurrence indicating that an in- section 151, and the deduction under section has confirmed to be unlawfully present in dividual may be engaging, or preparing to 642(b)’’. the United States; and engage, in— (iv) whose visa has been revoked. (2) CLERICAL AMENDMENT.—The heading for (A) a violent act or act dangerous to section 56(b)(1)(E) is amended by striking (B) REMOVAL OF INFORMATION.—The head of human life that is a violation of the criminal the National Crime Information Center shall ‘‘AND DEDUCTION FOR PERSONAL EXEMPTIONS’’. laws of the United States or of any State, or promptly remove any information provided (3) EFFECTIVE DATE.—The amendments that would be such a violation if committed made by this subsection shall apply to tax- by the Secretary under subparagraph (A) re- within the jurisdiction of the United States able years beginning after December 31, 2006. lated to an alien who is lawfully admitted to or any State; or (b) ADJUSTMENT FOR INFLATION OF INDI- enter or remain in the United States. (B) an act of terrorism (as that term is de- VIDUAL ALTERNATIVE MINIMUM TAX EXEMP- (C) PROCEDURE FOR REMOVAL OF ERRONEOUS fined in section 3077 of title 18, United States TION AMOUNT.—Section 55(d) of the Internal INFORMATION.— Code) that involves, or is directed against, a Revenue Code of 1986 (relating to exemption (i) IN GENERAL.—The Secretary, in con- mass transportation system or vehicle or its amount) is amended by adding at the end the sultation with the head of the National passengers. following new paragraph: Crime Information Center, shall develop and (3) MASS TRANSPORTATION.—The term ‘‘(4) ADJUSTMENTS FOR INFLATION.—In the implement a procedure by which an alien ‘‘mass transportation’’— case of a taxable year beginning after De- may petition the Secretary or head of the (A) has the meaning given to that term in cember 31, 2007, each of the dollar amounts National Crime Information Center, as ap- section 5302(a)(7) of title 49, United States in paragraphs (1) and (3) shall be increased propriate, to remove any erroneous informa- Code; and by an amount equal to— tion provided by the Secretary under sub- (B) includes— ‘‘(A) such dollar amount, multiplied by paragraph (A) related to such alien. (i) school bus, charter, or intercity bus ‘‘(B) the cost-of-living adjustment deter- (ii) EFFECT OF FAILURE TO RECEIVE NO- transportation; mined under section (1)(f)(3) for the calendar TICE.—Under procedures developed under (ii) intercity passenger rail transportation; year in which the taxable year begins, deter- clause (i), failure by the alien to receive no- (iii) sightseeing transportation; mined by substituting ‘calendar year 2006’ tice of a violation of the immigration laws (iv) a passenger vessel as that term is de- for ‘calendar year 1992’ in subparagraph (B) shall not constitute cause for removing in- fined in section 2101(22) of title 46, United thereof. formation provided by the Secretary under States Code; If any amount as adjusted under the pre- subparagraph (A) related to such alien, un- (v) other regularly scheduled waterborne ceding sentence is not a multiple of $10, such less such information is erroneous. transportation service of passengers by ves- amount shall be rounded to the nearest mul- (iii) INTERIM PROVISION OF INFORMATION.— sel of at least 20 gross tons; and tiple of $10.’’. Notwithstanding the 180-day period set forth (vi) air transportation as that term is de- in subparagraph (A), the Secretary may not fined in section 40102 of title 49, United SA 2343. Mr. SESSIONS submitted an provide the information required under sub- States Code. amendment intended to be proposed by paragraph (A) until the procedures required (4) MASS TRANSPORTATION SYSTEM.—The him to the bill H.R. 2669, to provide for under this paragraph have been developed term ‘‘mass transportation system’’ means and implemented. an entity or entities organized to provide reconciliation pursuant to section 601 (2) INCLUSION OF INFORMATION IN THE NA- mass transportation using vehicles, includ- of the concurrent resolution on the TIONAL CRIME INFORMATION CENTER DATA- ing the infrastructure used to provide such budget for fiscal year 2008; which was BASE.—Section 534(a) of title 28, United transportation. ordered to lie on the table; as follows: States Code, is amended—

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(A) in paragraph (3), by striking ‘‘and’’ at U.S.C. 1078–3 and 1087e(g)) to the extent that ‘‘(1) IN GENERAL.—On completion of the re- the end; such loan was used to repay a Federal Direct quired period of service under an agreement (B) by redesignating paragraph (4) as para- Stafford Loan, a Federal Direct Unsubsidized under subsection (d), the borrower and the graph (5); and Stafford Loan, or a loan made under section Attorney General may, subject to paragraph (C) by inserting after paragraph (3) the fol- 428 or 428H of such Act. (2), enter into an additional agreement in ac- lowing: ‘‘(c) PROGRAM AUTHORIZED.—The Attorney cordance with subsection (d). ‘‘(4) acquire, collect, classify, and preserve General shall establish a program by which ‘‘(2) TERM.—An agreement entered into records of violations of the immigration laws the Department of Justice shall assume the under paragraph (1) may require the bor- of the United States; and’’. obligation to repay a student loan, by direct rower to remain employed as a prosecutor or (d) payments on behalf of a borrower to the public defender for less than 3 years. holder of such loan, in accordance with sub- ‘‘(f) AWARD BASIS; PRIORITY.— SA 2344. Mr. DURBIN submitted an section (d), for any borrower who— ‘‘(1) AWARD BASIS.—Subject to paragraph amendment intended to be proposed to ‘‘(1) is employed as a prosecutor or public (2), the Attorney General shall provide re- amendment SA 2327 proposed by Mr. defender; and payment benefits under this section— KENNEDY to the bill H.R. 2669, to pro- ‘‘(2) is not in default on a loan for which ‘‘(A) giving priority to borrowers who have vide for reconciliation pursuant to sec- the borrower seeks forgiveness. the least ability to repay their loans, except tion 601 of the concurrent resolution on ‘‘(d) TERMS OF AGREEMENT.— that the Attorney General shall determine a ‘‘(1) IN GENERAL.—To be eligible to receive fair allocation of repayment benefits among the budget for fiscal year 2008; as fol- prosecutors and public defenders, and among lows: repayment benefits under subsection (c), a borrower shall enter into a written agree- employing entities nationwide; and At the end, add the following: ment that specifies that— ‘‘(B) subject to the availability of appro- TITLE IX—LOAN REPAYMENT FOR ‘‘(A) the borrower will remain employed as priations. PROSECUTORS AND PUBLIC DEFENDERS a prosecutor or public defender for a required ‘‘(2) PRIORITY.—The Attorney General shall SEC. 901. SHORT TITLE. period of service of not less than 3 years, un- give priority in providing repayment bene- This title may be cited as the ‘‘John R. less involuntarily separated from that em- fits under this section in any fiscal year to a Justice Prosecutors and Defenders Incentive ployment; borrower who— Act of 2007’’. ‘‘(B) if the borrower is involuntarily sepa- ‘‘(A) received repayment benefits under SEC. 902. LOAN REPAYMENT FOR PROSECUTORS rated from employment on account of mis- this section during the preceding fiscal year; AND DEFENDERS. conduct, or voluntarily separates from em- and Title I of the Omnibus Crime Control and ployment, before the end of the period speci- ‘‘(B) has completed less than 3 years of the Safe Streets Act of 1968 (42 U.S.C. 3711 et fied in the agreement, the borrower will first required period of service specified for seq.) is amended by inserting after part II (42 repay the Attorney General the amount of the borrower in an agreement entered into U.S.C. 3797cc et seq.) the following: any benefits received by such employee under subsection (d). ‘‘PART JJ—LOAN REPAYMENT FOR under this section; ‘‘(g) REGULATIONS.—The Attorney General is authorized to issue such regulations as PROSECUTORS AND PUBLIC DEFENDERS ‘‘(C) if the borrower is required to repay an amount to the Attorney General under sub- may be necessary to carry out the provisions ‘‘SEC. 3001. GRANT AUTHORIZATION. of this section. paragraph (B) and fails to repay such ‘‘(a) PURPOSE.—The purpose of this section ‘‘(h) STUDY.—Not later than 1 year after is to encourage qualified individuals to enter amount, a sum equal to that amount shall be the date of enactment of this section, the and continue employment as prosecutors and recoverable by the Federal Government from Government Accountability Office shall public defenders. the employee (or such employee’s estate, if study and report to Congress on the impact ‘‘(b) DEFINITIONS.—In this section: applicable) by such methods as are provided of law school accreditation requirements and ‘‘(1) PROSECUTOR.—The term ‘prosecutor’ by law for the recovery of amounts owed to other factors on law school costs and access, means a full-time employee of a State or the Federal Government; including the impact of such requirements local agency who— ‘‘(D) the Attorney General may waive, in on racial and ethnic minorities. ‘‘(A) is continually licensed to practice whole or in part, a right of recovery under ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— law; and this subsection if it is shown that recovery There are authorized to be appropriated to ‘‘(B) prosecutes criminal or juvenile delin- would be against equity and good conscience carry out this section $25,000,000 for fiscal quency cases at the State or local level (in- or against the public interest; and year 2008 and such sums as may be necessary cluding supervision, education, or training of ‘‘(E) the Attorney General shall make stu- for each succeeding fiscal year.’’. other persons prosecuting such cases). dent loan payments under this section for ‘‘(2) PUBLIC DEFENDER.—The term ‘public the period of the agreement, subject to the SA 2345. Mr. DURBIN (for himself, defender’ means an attorney who— availability of appropriations. Mr. HAGEL, and Mrs. CLINTON) sub- ‘‘(A) is continually licensed to practice ‘‘(2) REPAYMENTS.— mitted an amendment intended to be law; and ‘‘(A) IN GENERAL.—Any amount repaid by, proposed to amendment SA 2327 pro- or recovered from, an individual or the es- ‘‘(B) is— posed by Mr. KENNEDY to the bill H.R. tate of an individual under this subsection ‘‘(i) a full-time employee of a State or 2669, to provide for reconciliation pur- local agency who provides legal representa- shall be credited to the appropriation action to indigent persons in criminal or juve- count from which the amount involved was suant to section 601 of the concurrent nile delinquency cases (including super- originally paid. resolution on the budget for fiscal year vision, education, or training of other per- ‘‘(B) MERGER.—Any amount credited under 2008; which was ordered to lie on the sons providing such representation); subparagraph (A) shall be merged with other table; as follows: ‘‘(ii) a full-time employee of a nonprofit or- sums in such account and shall be available At the end, add the following: ganization operating under a contract with a for the same purposes and period, and sub- TITLE V—DREAM ACT OF 2007 State or unit of local government, who de- ject to the same limitations, if any, as the sums with which the amount was merged. SEC. 501. SHORT TITLE. votes substantially all of his or her full-time This title may be cited as the ‘‘Develop- ‘‘(3) LIMITATIONS.— employment to providing legal representa- ment, Relief, and Education for Alien Minors ‘‘(A) STUDENT LOAN PAYMENT AMOUNT.— tion to indigent persons in criminal or juve- Act of 2007’’ or the ‘‘DREAM Act of 2007’’. nile delinquency cases, (including super- Student loan repayments made by the Attor- SEC. 502. DEFINITIONS. vision, education, or training of other per- ney General under this section shall be made In this title: sons providing such representation); or subject to such terms, limitations, or condi- (1) INSTITUTION OF HIGHER EDUCATION.—The ‘‘(iii) employed as a full-time Federal de- tions as may be mutually agreed upon by the term ‘‘institution of higher education’’ has fender attorney in a defender organization borrower and the Attorney General in an the meaning given that term in section 101 of established pursuant to subsection (g) of sec- agreement under paragraph (1), except that the Higher Education Act of 1965 (20 U.S.C. tion 3006A of title 18, United States Code, the amount paid by the Attorney General 1001). that provides legal representation to indi- under this section shall not exceed— (2) UNIFORMED SERVICES.—The term ‘‘uni- gent persons in criminal or juvenile delin- ‘‘(i) $10,000 for any borrower in any cal- formed services’’ has the meaning given that quency cases. endar year; or term in section 101(a) of title 10, United ‘‘(3) STUDENT LOAN.—The term ‘student ‘‘(ii) an aggregate total of $60,000 in the States Code. loan’ means— case of any borrower. SEC. 503. RESTORATION OF STATE OPTION TO ‘‘(A) a loan made, insured, or guaranteed ‘‘(B) BEGINNING OF PAYMENTS.—Nothing in DETERMINE RESIDENCY FOR PUR- under part B of title IV of the Higher Edu- this section shall authorize the Attorney POSES OF HIGHER EDUCATION BEN- cation Act of 1965 (20 U.S.C. 1071 et seq.); General to pay any amount to reimburse a EFITS. ‘‘(B) a loan made under part D or E of title borrower for any repayments made by such (a) IN GENERAL.—Section 505 of the Illegal IV of the Higher Education Act of 1965 (20 borrower prior to the date on which the At- Immigration Reform and Immigrant Respon- U.S.C. 1087a et seq. and 1087aa et seq.); and torney General entered into an agreement sibility Act of 1996 (8 U.S.C. 1623) is repealed. ‘‘(C) a loan made under section 428C or with the borrower under this subsection. (b) EFFECTIVE DATE.—The repeal under 455(g) of the Higher Education Act of 1965 (20 ‘‘(e) ADDITIONAL AGREEMENTS.— subsection (a) shall take effect as if included

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in the enactment of the Illegal Immigration Security may extend the time periods de- (c) REQUIREMENTS OF TIMELY PETITION FOR Reform and Immigrant Responsibility Act of scribed in paragraph (1) if the alien dem- REMOVAL OF CONDITION.— 1996 (division C of Public Law 104–208; 110 onstrates that the failure to timely return to (1) IN GENERAL.—In order for the condi- Stat. 3009–546). the United States was due to exceptional cir- tional basis of permanent resident status ob- SEC. 504. CANCELLATION OF REMOVAL AND AD- cumstances. The exceptional circumstances tained by an alien under subsection (a) to be JUSTMENT OF STATUS OF CERTAIN determined sufficient to justify an extension removed, the alien must file with the Sec- LONG-TERM RESIDENTS WHO EN- should be no less compelling than serious ill- retary of Homeland Security, in accordance TERED THE UNITED STATES AS ness of the alien, or death or serious illness CHILDREN. with paragraph (3), a petition which requests of a parent, grandparent, sibling, or child. the removal of such conditional basis and (a) SPECIAL RULE FOR CERTAIN LONG-TERM (d) EXEMPTION FROM NUMERICAL LIMITA- RESIDENTS WHO ENTERED THE UNITED STATES which provides, under penalty of perjury, the TIONS.—Nothing in this section may be con- facts and information so that the Secretary AS CHILDREN.— strued to apply a numerical limitation on may make the determination described in (1) IN GENERAL.—Notwithstanding any the number of aliens who may be eligible for paragraph (2)(A). other provision of law and except as other- cancellation of removal or adjustment of (2) ADJUDICATION OF PETITION TO REMOVE wise provided in this title, the Secretary of status under this section. Homeland Security may cancel removal of, (e) REGULATIONS.— CONDITION.— and adjust to the status of an alien lawfully (1) PROPOSED REGULATIONS.—Not later than (A) IN GENERAL.—If a petition is filed in ac- admitted for permanent residence, subject to 180 days after the date of enactment of this cordance with paragraph (1) for an alien, the the conditional basis described in section 505, title, the Secretary of Homeland Security Secretary of Homeland Security shall make an alien who is inadmissible or deportable shall publish proposed regulations imple- a determination as to whether the alien from the United States, if the alien dem- menting this section. Such regulations shall meets the requirements set out in subpara- onstrates that— be effective immediately on an interim basis, graphs (A) through (E) of subsection (d)(1). (A) the alien has been physically present in but are subject to change and revision after (B) REMOVAL OF CONDITIONAL BASIS IF FA- the United States for a continuous period of public notice and opportunity for a period VORABLE DETERMINATION.—If the Secretary not less than 5 years immediately preceding for public comment. determines that the alien meets such re- the date of enactment of this title, and had (2) INTERIM, FINAL REGULATIONS.—Within a quirements, the Secretary shall notify the not yet reached the age of 16 years at the reasonable time after publication of the in- alien of such determination and immediately time of initial entry; terim regulations in accordance with para- remove the conditional basis of the status of (B) the alien has been a person of good graph (1), the Secretary of Homeland Secu- the alien. moral character since the time of applica- rity shall publish final regulations imple- (C) TERMINATION IF ADVERSE DETERMINA- tion; menting this section. TION.—If the Secretary determines that the (C) the alien— (f) REMOVAL OF ALIEN.—The Secretary of alien does not meet such requirements, the (i) is not inadmissible under paragraph (2), Homeland Security may not remove any Secretary shall notify the alien of such de- (3), (6)(E), or (10)(C) of section 212(a) of the alien who has a pending application for con- termination and terminate the conditional Immigration and Nationality Act (8 U.S.C. ditional status under this title. permanent resident status of the alien as of 1182(a)); and SEC. 505. CONDITIONAL PERMANENT RESIDENT the date of the determination. (ii) is not deportable under paragraph STATUS. (3) TIME TO FILE PETITION.—An alien may (1)(E), (2), or (4) of section 237(a) of the Immi- (a) IN GENERAL.— petition to remove the conditional basis to gration and Nationality Act (8 U.S.C. (1) CONDITIONAL BASIS FOR STATUS.—Not- lawful resident status during the period be- 1227(a)); withstanding any other provision of law, and ginning 180 days before and ending 2 years (D) the alien, at the time of application, except as provided in section 506, an alien after either the date that is 6 years after the has been admitted to an institution of higher whose status has been adjusted under section date of the granting of conditional perma- education in the United States, or has 504 to that of an alien lawfully admitted for nent resident status or any other expiration earned a high school diploma or obtained a permanent residence shall be considered to date of the conditional permanent resident general education development certificate in have obtained such status on a conditional status as extended by the Secretary of the United States; and basis subject to the provisions of this sec- Homeland Security in accordance with this (E) the alien has never been under a final tion. Such conditional permanent resident title. The alien shall be deemed in condi- administrative or judicial order of exclusion, status shall be valid for a period of 6 years, tional permanent resident status in the deportation, or removal, unless the alien— subject to termination under subsection (b). United States during the period in which the (i) has remained in the United States under (2) NOTICE OF REQUIREMENTS.— petition is pending. color of law after such order was issued; or (A) AT TIME OF OBTAINING PERMANENT RESI- (ii) received the order before attaining the DENCE.—At the time an alien obtains perma- (d) DETAILS OF PETITION.— age of 16 years. nent resident status on a conditional basis (1) CONTENTS OF PETITION.—Each petition for an alien under subsection (c)(1) shall con- (2) WAIVER.—Notwithstanding paragraph under paragraph (1), the Secretary of Home- (1), the Secretary of Homeland Security may land Security shall provide for notice to the tain information to permit the Secretary of waive the ground of ineligibility under sec- alien regarding the provisions of this section Homeland Security to determine whether tion 212(a)(6)(E) of the Immigration and Na- and the requirements of subsection (c) to each of the following requirements is met: tionality Act and the ground of deportability have the conditional basis of such status re- (A) The alien has demonstrated good moral under paragraph (1)(E) of section 237(a) of moved. character during the entire period the alien that Act for humanitarian purposes or fam- (B) EFFECT OF FAILURE TO PROVIDE NO- has been a conditional permanent resident. ily unity or when it is otherwise in the pub- TICE.—The failure of the Secretary of Home- (B) The alien is in compliance with section lic interest. land Security to provide a notice under this 504(a)(1)(C). (3) PROCEDURES.—The Secretary of Home- paragraph— (C) The alien has not abandoned the alien’s land Security shall provide a procedure by (i) shall not affect the enforcement of the residence in the United States. The Sec- regulation allowing eligible individuals to provisions of this title with respect to the retary shall presume that the alien has aban- apply affirmatively for the relief available alien; and doned such residence if the alien is absent under this subsection without being placed (ii) shall not give rise to any private right from the United States for more than 365 in removal proceedings. of action by the alien. days, in the aggregate, during the period of (b) TERMINATION OF CONTINUOUS PERIOD.— (b) TERMINATION OF STATUS.— conditional residence, unless the alien dem- For purposes of this section, any period of (1) IN GENERAL.—The Secretary of Home- onstrates that alien has not abandoned the continuous residence or continuous physical land Security shall terminate the condi- alien’s residence. An alien who is absent presence in the United States of an alien who tional permanent resident status of any from the United States due to active service applies for cancellation of removal under alien who obtained such status under this in the uniformed services has not abandoned this section shall not terminate when the title, if the Secretary determines that the the alien’s residence in the United States alien is served a notice to appear under sec- alien— during the period of such service. tion 239(a) of the Immigration and Nation- (A) ceases to meet the requirements of sub- (D) The alien has completed at least 1 of ality Act (8 U.S.C. 1229(a)). paragraph (B) or (C) of section 504(a)(1); the following: (c) TREATMENT OF CERTAIN BREAKS IN (B) has become a public charge; or (i) The alien has acquired a degree from an PRESENCE.— (C) has received a dishonorable or other institution of higher education in the United (1) IN GENERAL.—An alien shall be consid- than honorable discharge from the uni- States or has completed at least 2 years, in ered to have failed to maintain continuous formed services. good standing, in a program for a bachelor’s physical presence in the United States under (2) RETURN TO PREVIOUS IMMIGRATION STA- degree or higher degree in the United States. subsection (a) if the alien has departed from TUS.—Any alien whose conditional perma- (ii) The alien has served in the uniformed the United States for any period in excess of nent resident status is terminated under services for at least 2 years and, if dis- 90 days or for any periods in the aggregate paragraph (1) shall return to the immigra- charged, has received an honorable dis- exceeding 180 days. tion status the alien had immediately prior charge. (2) EXTENSIONS FOR EXCEPTIONAL CIR- to receiving conditional permanent resident (E) The alien has provided a list of each CUMSTANCES.—The Secretary of Homeland status under this title. secondary school (as that term is defined in

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section 9101 of the Elementary and Sec- (d) LIFT OF STAY.—The Attorney General SEC. 512. GAO REPORT. ondary Education Act of 1965 (20 U.S.C. 7801)) shall lift the stay granted pursuant to sub- Not later than seven years after the date of that the alien attended in the United States. section (b) if the alien— enactment of this title, the Comptroller Gen- (2) HARDSHIP EXCEPTION.— (1) is no longer enrolled in a primary or eral of the United States shall submit a re- (A) IN GENERAL.—The Secretary of Home- secondary school; or port to the Committee on the Judiciary of land Security may, in the Secretary’s discre- (2) ceases to meet the requirements of sub- the Senate and the Committee on the Judici- tion, remove the conditional status of an section (b)(1). ary of the House of Representatives setting alien if the alien— SEC. 508. PENALTIES FOR FALSE STATEMENTS IN forth— (i) satisfies the requirements of subpara- APPLICATION. (1) the number of aliens who were eligible graphs (A), (B), and (C) of paragraph (1); Whoever files an application for relief for cancellation of removal and adjustment (ii) demonstrates compelling cir- under this title and willfully and knowingly of status under section 504(a); cumstances for the inability to complete the falsifies, misrepresents, or conceals a mate- (2) the number of aliens who applied for ad- requirements described in paragraph (1)(D); rial fact or makes any false or fraudulent justment of status under section 504(a); and statement or representation, or makes or (3) the number of aliens who were granted (iii) demonstrates that the alien’s removal uses any false writing or document knowing adjustment of status under section 504(a); from the United States would result in ex- the same to contain any false or fraudulent and ceptional and extremely unusual hardship to statement or entry, shall be fined in accord- (4) the number of aliens whose conditional the alien or the alien’s spouse, parent, or ance with title 18, United States Code, or im- permanent resident status was removed child who is a citizen or a lawful permanent prisoned not more than 5 years, or both. under section 505. resident of the United States. SEC. 509. CONFIDENTIALITY OF INFORMATION. Mr. DURBIN submitted an (B) EXTENSION.—Upon a showing of good SA 2346. (a) PROHIBITION.—Except as provided in amendment intended to be proposed to cause, the Secretary of Homeland Security subsection (b), no officer or employee of the may extend the period of conditional resi- United States may— amendment SA 2327 proposed by Mr. dent status for the purpose of completing the (1) use the information furnished by the KENNEDY to the bill H.R. 2669, to pro- requirements described in paragraph (1)(D). applicant pursuant to an application filed vide for reconciliation pursuant to sec- (e) TREATMENT OF PERIOD FOR PURPOSES OF under this title to initiate removal pro- tion 601 of the concurrent resolution on NATURALIZATION.—For purposes of title III of ceedings against any persons identified in the budget for fiscal year 2008; which the Immigration and Nationality Act (8 the application; was ordered to lie on the table; as fol- U.S.C. 1401 et seq.), in the case of an alien (2) make any publication whereby the in- lows: who is in the United States as a lawful per- formation furnished by any particular indi- At the end of title VIII of the Higher Edu- manent resident on a conditional basis under vidual pursuant to an application under this this section, the alien shall be considered to cation Access Act of 2007, insert the fol- title can be identified; or lowing: have been admitted as an alien lawfully ad- (3) permit anyone other than an officer or SEC. 802. COLLEGE TEXTBOOK AVAILABILITY. mitted for permanent residence and to be in employee of the United States Government (a) PURPOSE AND INTENT.—The purpose of the United States as an alien lawfully admit- or, in the case of applications filed under ted to the United States for permanent resi- this section is to ensure that every student this title with a designated entity, that des- in higher education is offered better and dence. However, the conditional basis must ignated entity, to examine applications filed be removed before the alien may apply for more timely access to affordable course ma- under this title. terials by educating and informing faculty, naturalization. (b) REQUIRED DISCLOSURE.—The Attorney students, administrators, institutions of SEC. 506. RETROACTIVE BENEFITS. General or the Secretary of Homeland Secu- higher education, bookstores, and publishers If, on the date of enactment of this title, rity shall provide the information furnished on all aspects of the selection, purchase, an alien has satisfied all the requirements of under this section, and any other informa- sale, and use of the course materials. It is subparagraphs (A) through (E) of section tion derived from such furnished informa- the intent of this section to have all involved 504(a)(1) and section 505(d)(1)(D), the Sec- tion, to— parties work together to identify ways to de- retary of Homeland Security may adjust the (1) a duly recognized law enforcement enti- crease the cost of college textbooks and sup- status of the alien to that of a conditional ty in connection with an investigation or plemental materials for students while pro- resident in accordance with section 504. The prosecution of an offense described in para- tecting the academic freedom of faculty alien may petition for removal of such condi- graph (2) or (3) of section 212(a) of the Immi- members to provide high quality course mation at the end of the conditional residence gration and Nationality Act (8 U.S.C. terials for students. period in accordance with section 505(c) if 1182(a)), when such information is requested (b) DEFINITIONS.—In this section: the alien has met the requirements of sub- in writing by such entity; or (1) COLLEGE TEXTBOOK.—The term ‘‘college paragraphs (A), (B), and (C) of section (2) an official coroner for purposes of af- textbook’’ means a textbook, or a set of text- 505(d)(1) during the entire period of condi- firmatively identifying a deceased individual books, used for a course in postsecondary tional residence. (whether or not such individual is deceased education at an institution of higher edu- SEC. 507. EXCLUSIVE JURISDICTION. as a result of a crime). cation. (a) IN GENERAL.—The Secretary of Home- (c) PENALTY.—Whoever knowingly uses, (2) COURSE SCHEDULE.—The term ‘‘course land Security shall have exclusive jurisdic- publishes, or permits information to be ex- schedule’’ means a listing of the courses or tion to determine eligibility for relief under amined in violation of this section shall be classes offered by an institution of higher this title, except where the alien has been fined not more than $10,000. education for an academic period. placed into deportation, exclusion, or re- SEC. 510. EXPEDITED PROCESSING OF APPLICA- (3) INSTITUTION OF HIGHER EDUCATION.—The moval proceedings either prior to or after fil- TIONS; PROHIBITION ON FEES. term ‘‘institution of higher education’’ has ing an application for relief under this title, Regulations promulgated under this title the meaning given the term in section 102 of in which case the Attorney General shall shall provide that applications under this the Higher Education Act of 1965 (20 U.S.C. have exclusive jurisdiction and shall assume title will be considered on an expedited basis 1002). all the powers and duties of the Secretary and without a requirement for the payment (4) PUBLISHER.—The term ‘‘publisher’’ until proceedings are terminated, or if a by the applicant of any additional fee for means a publisher of college textbooks or final order of deportation, exclusion, or re- such expedited processing. supplemental materials involved in or affect- moval is entered the Secretary shall resume SEC. 511. HIGHER EDUCATION ASSISTANCE. ing interstate commerce. all powers and duties delegated to the Sec- Notwithstanding any provision of the (5) SUPPLEMENTAL MATERIAL.—The term retary under this title. Higher Education Act of 1965 (20 U.S.C. 1001 ‘‘supplemental material’’ means educational (b) STAY OF REMOVAL OF CERTAIN ALIENS et seq.), with respect to assistance provided material published or produced to accom- ENROLLED IN PRIMARY OR SECONDARY under title IV of the Higher Education Act of pany a college textbook. SCHOOL.—The Attorney General shall stay 1965 (20 U.S.C. 1070 et seq.), an alien who ad- (c) PUBLISHER REQUIREMENTS.— the removal proceedings of any alien who— justs status to that of a lawful permanent (1) COLLEGE TEXTBOOK PRICING INFORMA- (1) meets all the requirements of subpara- resident under this title shall be eligible TION.—When a publisher provides a faculty graphs (A), (B), (C), and (E) of section only for the following assistance under such member of an institution of higher education 504(a)(1); title: with information regarding a college text- (2) is at least 12 years of age; and (1) Student loans under parts B, D, and E of book or supplemental material available in (3) is enrolled full time in a primary or sec- such title IV (20 U.S.C. 1071 et seq., 1087a et the subject area in which the faculty mem- ondary school. seq., 1087aa et seq.), subject to the require- ber teaches, the publisher shall include, with (c) EMPLOYMENT.—An alien whose removal ments of such parts. any such information and in writing, the fol- is stayed pursuant to subsection (b) may be (2) Federal work-study programs under lowing: engaged in employment in the United States part C of such title IV (42 U.S.C. 2751 et seq.), (A) The price at which the publisher would consistent with the Fair Labor Standards subject to the requirements of such part. make the college textbook or supplemental Act (29 U.S.C. 201 et seq.) and State and local (3) Services under such title IV (20 U.S.C. material available to the bookstore on the laws governing minimum age for employ- 1070 et seq.), subject to the requirements for campus of, or otherwise associated with, ment. such services. such institution of higher education.

VerDate Aug 31 2005 07:16 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.113 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9634 CONGRESSIONAL RECORD — SENATE July 19, 2007 (B) Any history of revisions for the college SEC. lll. DISCHARGE IN BANKRUPTCY FOR tions filed on or after the date of the enact- textbook or supplemental material. CERTAIN STUDENT LOANS. ment of this Act. (C) Whether the college textbook or sup- (a) IN GENERAL.—Section 523(a)(8) of title (b) NONDISPLACEMENT REQUIREMENT.— plemental material is available in any other 11, United States Code, is amended— (1) EXTENDING TIME PERIOD FOR NON- format, including paperback and unbound, (1) in subparagraph (A), by striking clause DISPLACEMENT.—Section 212(n) of such Act, and the price at which the publisher would (i) and inserting the following: as amended by subsection (a), is further make the college textbook or supplemental ‘‘(i) an educational benefit overpayment or amended— material in the other format available to the loan made, insured, or guaranteed by a gov- (A) in paragraph (1)— bookstore on the campus of, or otherwise as- ernmental unit, or an obligation to repay (i) in subparagraph (E), by striking ‘‘90 sociated with, such institution of higher edu- funds received from a governmental unit as days’’ each place it appears and inserting cation. an educational benefit, scholarship, or sti- ‘‘180 days’’; (2) UNBUNDLING OF SUPPLEMENTAL MATE- pend; or’’; and (ii) in subparagraph (F)(ii), by striking ‘‘90 RIALS.—A publisher that sells a college text- (2) in subparagraph (B), by inserting before days’’ each place it appears and inserting book and any supplemental material accom- the semicolon at the end ‘‘, unless such ‘‘180 days’’; and panying such college textbook as a single qualified educational loan first became due (B) in paragraph (2)(C)(iii), by striking ‘‘90 bundled item shall also sell the college text- more than 5 years, excluding any deferment days’’ each place it appears and inserting book and each supplemental material as sep- of the repayment period while the borrower ‘‘180 days’’. arate and unbundled items. is attending an institution of higher edu- (2) EFFECTIVE DATE.—The amendments (d) PROVISION OF ISBN COLLEGE TEXTBOOK cation, as that term is defined in section 102 made by paragraph (1)— INFORMATION IN COURSE SCHEDULES.— of the Higher Education Act of 1965 (20 U.S.C. (A) shall apply to applications filed on or (1) INTERNET COURSE SCHEDULES.—Each in- 1002), before the date of the filing of the peti- after the date of the enactment of this Act; stitution of higher education that receives tion’’. and Federal assistance and that publishes the in- (b) APPLICABILITY.—The amendments made (B) shall not apply to displacements for pe- stitution’s course schedule for the subse- by subsection (a) shall apply only with re- riods occurring more than 90 days before quent academic period on the Internet spect to obligations described in section such date. shall— 523(a)(8) of title 11, United States Code, as (c) PUBLIC LISTING OF AVAILABLE POSI- (A) include in the course schedule, for each amended by this section, that are entered TIONS.— college textbook or supplemental material into on or after the date of enactment of this (1) LISTING OF AVAILABLE POSITIONS.—Sec- required or recommended for a course or Act. tion 212(n)(1)(C) of such Act is amended— class listed on the course schedule— (A) in clause (i), by striking ‘‘(i) has pro- (i) the International Standard Book Num- SA 2348. Mr. DURBIN (for himself vided’’ and inserting the following: ber (ISBN) for the college textbook or sup- and Mr. GRASSLEY) submitted an ‘‘(ii)(I) has provided’’; plemental material; or amendment intended to be proposed to (B) by redesignating clause (ii) as sub- (ii) the title and author of the college text- amendment SA 2339 submitted by Mr. clause (II); and book or supplemental material; and CORNYN (for himself, Mr. ENZI, Mr. (C) by inserting before clause (ii), as redes- (B) update the information required under GREGG, Mr. SMITH, Mr. SUNUNU, Mr. ignated, the following: subparagraph (A) as necessary. COLEMAN, and Mr. VOINOVICH) to the ‘‘(i) has advertised the job availability on (2) WRITTEN COURSE SCHEDULES.—In the amendment SA 2327 proposed by Mr. the list described in paragraph (6), for at case of an institution of higher education least 30 calendar days; and’’. KENNEDY to the bill H.R. 2669, to pro- that receives Federal assistance and that (2) LIST MAINTAINED BY THE DEPARTMENT OF does not publish the institution’s course vide for reconciliation pursuant to sec- LABOR.—Section 212(n) of such Act, as schedule for the subsequent academic period tion 601 of the concurrent resolution on amended by this section, is further amended on the Internet, the institution of higher the budget for fiscal year 2008; which by adding at the end the following: education shall include the information re- was ordered to lie on the table; as fol- ‘‘(6)(A) Not later than 90 days after the quired under paragraph (1)(A) in any printed lows: date of the enactment of this paragraph, the version of the institution’s course schedule At the end, add the following: Secretary of Labor shall establish a list of and shall provide students with updates to available jobs, which shall be publicly acces- such information as necessary. TITLE V—IMMIGRATION FRAUD sible without charge— (e) AVAILABILITY OF INFORMATION FOR COL- PREVENTION ‘‘(i) on a website maintained by the De- LEGE TEXTBOOK SELLERS.—An institution of SEC. 501. SHORT TITLE. partment of Labor, which website shall be higher education that receives Federal as- This title may be cited as the ‘‘H–1B and searchable by— sistance shall make available, as soon as is L–1 Visa Fraud and Abuse Prevention Act of ‘‘(I) the name, city, State, and zip code of practicable, upon the request of any seller of 2007’’. the employer; college textbooks (other than a publisher) SEC. 502. H–1B EMPLOYER REQUIREMENTS. ‘‘(II) the date on which the job is expected that meets the requirements established by (a) APPLICATION OF NONDISPLACEMENT AND to begin; the institution, the most accurate informa- GOOD FAITH RECRUITMENT REQUIREMENTS TO ‘‘(III) the title and description of the job; tion available regarding— ALL H–1B EMPLOYERS.— and (1) the institution’s course schedule for the (1) AMENDMENTS.—Section 212(n) of the Im- ‘‘(IV) the State and city (or county) at subsequent academic period; and migration and Nationality Act (8 U.S.C. which the work will be performed; and (2) for each course or class offered by the 1182(n)) is amended— ‘‘(ii) at each 1-stop center created under institution for the subsequent academic pe- (A) in paragraph (1)— the Workforce Investment Act of 1998 (Public riod— (i) in subparagraph (E); Law 105–220). (A) for each college textbook or supple- (I) in clause (i), by striking ‘‘(E)(i) In the ‘‘(B) Each available job advertised on the mental material required or recommended case of an application described in clause list shall include— for such course or class— (ii), the’’ and inserting ‘‘(E) The’’; and ‘‘(i) the employer’s full legal name; (i) the International Standard Book Num- (II) by striking clause (ii); ‘‘(ii) the address of the employer’s prin- ber (ISBN) for the college textbook or sup- (ii) in subparagraph (F), by striking ‘‘In cipal place of business; plemental material; or the case of’’ and all that follows through ‘‘(iii) the employer’s city, State and zip (ii) the title and author of the college text- ‘‘where—’’ and inserting the following: ‘‘The code; book or supplemental material; employer will not place the nonimmigrant ‘‘(iv) the employer’s Federal Employer (B) the number of students enrolled in such with another employer if—’’; and Identification Number; course or class; and (iii) in subparagraph (G), by striking ‘‘In ‘‘(v) the phone number, including area code (C) the maximum student enrollment for the case of an application described in sub- and extension, as appropriate, of the hiring such course or class. paragraph (E)(ii), subject’’ and inserting official or other designated official of the ‘‘Subject’’; employer; SA 2347. Mr. DURBIN submitted an (B) in paragraph (2)— ‘‘(vi) the e-mail address, if available, of the amendment intended to be proposed to (i) in subparagraph (E), by striking ‘‘If an hiring official or other designated official of amendment SA 2327 proposed by Mr. H–1B-dependent employer’’ and inserting ‘‘If the employer; KENNEDY to the bill H.R. 2669, to pro- an employer that employs H–1B non- ‘‘(vii) the wage rate to be paid for the posi- vide for reconciliation pursuant to sec- immigrants’’; and tion and, if the wage rate in the offer is ex- tion 601 of the concurrent resolution on (ii) in subparagraph (F), by striking ‘‘The pressed as a range, the bottom of the wage the budget for fiscal year 2008; which preceding sentence shall apply to an em- range; ployer regardless of whether or not the em- ‘‘(viii) whether the rate of pay is expressed was ordered to lie on the table; as fol- ployer is an H–1B-dependent employer.’’; and on an annual, monthly, biweekly, weekly, or lows: (C) by striking paragraph (3). hourly basis; At the appropriate place, insert the fol- (2) EFFECTIVE DATE.—The amendments ‘‘(ix) a statement of the expected hours per lowing: made by paragraph (1) shall apply to applica- week that the job will require;

VerDate Aug 31 2005 07:16 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.110 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9635 ‘‘(x) the date on which the job is expected ‘‘(i) is offering and will offer, during the pe- (A) by striking ‘‘12 months’’ and inserting to begin; riod of authorized employment, to aliens ad- ‘‘24 months’’; and ‘‘(xi) the date on which the job is expected mitted or provided status as an H–1B non- (B) by striking ‘‘The Secretary shall con- to end, if applicable; immigrant, wages, based on the best infor- duct’’ and all that follows and inserting ‘‘(xii) the number of persons expected to be mation available at the time the application ‘‘Upon the receipt of such a complaint, the employed for the job; is filed, which are not less than the highest Secretary may initiate an investigation to ‘‘(xiii) the job title; of— determine if such a failure or misrepresenta- ‘‘(xiv) the job description; ‘‘(I) the locally determined prevailing wage tion has occurred.’’; ‘‘(xv) the city and State of the physical lo- level for the occupational classification in (2) in subparagraph (C)(i)— cation at which the work will be performed; the area of employment; (A) by striking ‘‘a condition of paragraph and ‘‘(II) the median average wage for all work- (1)(B), (1)(E), or (1)(F)’’ and inserting ‘‘a con- ‘‘(xvi) a description of a process by which a ers in the occupational classification in the dition under subparagraph (B), (C)(i), (E), United States worker may submit an appli- area of employment; or (F), (H), (I), or (J) of paragraph (1)’’; and cation to be considered for the job. ‘‘(III) the median wage for skill level 2 in (B) by striking ‘‘(1)(C)’’ and inserting ‘‘(C) The Secretary of Labor may charge a the occupational classification found in the ‘‘(1)(C)(ii)’’; nominal filing fee to employers who adver- most recent Occupational Employment Sta- (3) in subparagraph (G)— tise available jobs on the list established tistics survey; and (A) in clause (i), by striking ‘‘if the Sec- under this paragraph to cover expenses for ‘‘(ii) will provide working conditions for retary’’ and all that follows and inserting establishing and administering the require- such a nonimmigrant that will not adversely ‘‘with regard to the employer’s compliance ments under this paragraph. affect the working conditions of workers with the requirements of this subsection.’’; ‘‘(D) The Secretary may promulgate rules, similarly employed.’’; and (B) in clause (ii), by striking ‘‘and whose after notice and a period for comment— (B) in subparagraph (D), by inserting ‘‘the identity’’ and all that follows through ‘‘fail- ‘‘(i) to carry out the requirements of this wage determination methodology used under ure or failures.’’ and inserting ‘‘the Sec- paragraph; and subparagraph (A)(i),’’ after ‘‘shall contain’’. retary of Labor may conduct an investiga- ‘‘(ii) that require employers to provide (2) PROVISION OF W–2 FORMS.—Section tion into the employer’s compliance with the other information in order to advertise 212(n)(1) of such Act is amended by inserting requirements of this subsection.’’; available jobs on the list.’’. after subparagraph (I), as added by sub- (C) in clause (iii), by striking the last sen- (3) EFFECTIVE DATE.—Paragraph (1) shall section (f), the following: tence; take effect for applications filed at least 30 ‘‘(J) If the employer, in such previous pe- (D) by striking clauses (iv) and (v); days after the creation of the list described riod as the Secretary shall specify, employed (E) by redesignating clauses (vi), (vii), and in paragraph (2). 1 or more H–1B nonimmigrants, the em- (viii) as clauses (iv), (v), and (vi), respec- (d) H–1B NONIMMIGRANTS NOT ADMITTED ployer shall submit to the Secretary the In- tively; FOR JOBS ADVERTISED OR OFFERED ONLY TO ternal Revenue Service Form W–2 Wage and (F) in clause (iv), as redesignated, by strik- H–1B NONIMMIGRANTS.—Section 212(n)(1) of Tax Statement filed by the employer with ing ‘‘meet a condition described in clause such Act, as amended by this section, is fur- respect to such nonimmigrants for such pe- (ii), unless the Secretary of Labor receives ther amended— riod.’’. the information not later than 12 months’’ (1) by inserting after subparagraph (G) the (3) EFFECTIVE DATE.—The amendments and inserting ‘‘comply with the require- following: made by this subsection shall apply to appli- ments under this subsection, unless the Sec- ‘‘(H)(i) The employer has not advertised cations filed on or after the date of the en- retary of Labor receives the information not the available jobs specified in the applica- actment of this Act. later than 24 months’’; tion in an advertisement that states or indi- (h) IMMIGRATION DOCUMENTS.—Section 204 (G) by amending clause (v), as redesig- cates that— of such Act (8 U.S.C. 1154) is amended by add- nated, to read as follows: ‘‘(I) the job or jobs are only available to ing at the end the following: ‘‘(v) The Secretary of Labor shall provide persons who are or who may become H–1B ‘‘(l) EMPLOYER TO SHARE ALL IMMIGRATION notice to an employer of the intent to con- nonimmigrants; or PAPERWORK EXCHANGED WITH FEDERAL AGEN- duct an investigation. The notice shall be ‘‘(II) persons who are or who may become CIES.—Not later than 10 working days after provided in such a manner, and shall contain H–1B nonimmigrants shall receive priority receiving a written request from a former, sufficient detail, to permit the employer to or a preference in the hiring process. current, or future employee or beneficiary, respond to the allegations before an inves- ‘‘(ii) The employer has not only recruited an employer shall provide the employee or tigation is commenced. The Secretary is not persons who are, or who may become, H–1B beneficiary with the original (or a certified required to comply with this clause if the nonimmigrants to fill the job or jobs.’’; and copy of the original) of all petitions, notices, Secretary determines that such compliance (2) in the undesignated paragraph at the and other written communication exchanged would interfere with an effort by the Sec- end, by striking ‘‘The employer’’ and insert- between the employer and the Department of retary to investigate or secure compliance ing the following: Labor, the Department of Homeland Secu- by the employer with the requirements of ‘‘(K) The employer’’. this subsection. A determination by the Sec- rity, or any other Federal agency that is re- (e) PROHIBITION OF OUTPLACEMENT.— retary under this clause shall not be subject lated to an immigrant or nonimmigrant pe- (1) IN GENERAL.—Section 212(n) of such Act, to judicial review.’’. tition filed by the employer for the employee as amended by this section, is further (H) in clause (vi), as redesignated, by strik- or beneficiary.’’. amended— ing ‘‘An investigation’’ and all that follows (A) in paragraph (1), by amending subpara- SEC. 503. H–1B GOVERNMENT AUTHORITY AND through ‘‘the determination.’’ and inserting graph (F) to read as follows: REQUIREMENTS. ‘‘If the Secretary of Labor, after an inves- ‘‘(F) The employer shall not place, (a) SAFEGUARDS AGAINST FRAUD AND MIS- tigation under clause (i) or (ii), determines outsource, lease, or otherwise contract for REPRESENTATION IN APPLICATION REVIEW that a reasonable basis exists to make a find- the placement of an alien admitted or pro- PROCESS.—Section 212(n)(1)(K) of the Immi- ing that the employer has failed to comply vided status as an H–1B nonimmigrant with gration and Nationality Act, as redesignated with the requirements under this subsection, another employer;’’ and by section 502(d)(2), is amended— the Secretary shall provide interested par- (B) in paragraph (2), by striking subpara- (1) by inserting ‘‘and through the Depart- ties with notice of such determination and graph (E). ment of Labor’s website, without charge.’’ an opportunity for a hearing in accordance (2) EFFECTIVE DATE.—The amendments after ‘‘D.C.’’; with section 556 of title 5, United States made by paragraph (1) shall apply to applica- (2) by inserting ‘‘, clear indicators of fraud, Code, not later than 120 days after the date tions filed on or after the date of the enact- misrepresentation of material fact,’’ after of such determination.’’; and ment of this Act. ‘‘completeness’’; (I) by adding at the end the following: (f) LIMIT ON PERCENTAGE OF H–1B EMPLOY- (3) by striking ‘‘or obviously inaccurate’’ ‘‘(vii) If the Secretary of Labor, after a EES.—Section 212(n)(1) of such Act, as and inserting ‘‘, presents clear indicators of hearing, finds a reasonable basis to believe amended by this section, is further amended fraud or misrepresentation of material fact, that the employer has violated the require- by inserting after subparagraph (H), as added or is obviously inaccurate’’; ments under this subsection, the Secretary by subsection (d)(1), the following: (4) by striking ‘‘within 7 days of’’ and in- may impose a penalty under subparagraph ‘‘(I) If the employer employs not less than serting ‘‘not later than 14 days after’’; and (C).’’; and 50 employees in the United States, not more (5) by adding at the end the following: ‘‘If (4) by striking subparagraph (H). than 50 percent of such employees are H–1B the Secretary’s review of an application (c) INFORMATION SHARING BETWEEN DE- nonimmigrants.’’. identifies clear indicators of fraud or mis- PARTMENT OF LABOR AND DEPARTMENT OF (g) WAGE DETERMINATION.— representation of material fact, the Sec- HOMELAND SECURITY.—Section 212(n)(2) of (1) CHANGE IN MINIMUM WAGES.—Section retary may conduct an investigation and such Act, as amended by this section, is fur- 212(n)(1) of such Act, as amended by this sec- hearing under paragraph (2). ther amended by inserting after subpara- tion, is further amended— (b) INVESTIGATIONS BY DEPARTMENT OF graph (G) the following: (A) by amending subparagraph (A) to read LABOR.—Section 212(n)(2) of such Act is ‘‘(H) The Director of United States Citizen- as follows: amended— ship and Immigration Services shall provide ‘‘(A) The employer— (1) in subparagraph (A)— the Secretary of Labor with any information

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contained in the materials submitted by H– for up to 12 months only if the employer op- (1) DEPARTMENT OF HOMELAND SECURITY IN- 1B employers as part of the adjudication erating the new facility has— VESTIGATIONS.—Section 214(c)(2) of such Act, process that indicates that the employer is ‘‘(I) a business plan; as amended by this section, is further not complying with H–1B visa program re- ‘‘(II) sufficient physical premises to carry amended by adding at the end the following: quirements. The Secretary may initiate and out the proposed business activities; and ‘‘(I)(i) The Secretary of Homeland Security conduct an investigation and hearing under ‘‘(III) the financial ability to commence may initiate an investigation of any em- this paragraph after receiving information of doing business immediately upon the ap- ployer that employs nonimmigrants de- noncompliance under this subparagraph.’’. proval of the petition. scribed in section 101(a)(15)(L) with regard to (d) AUDITS.—Section 212(n)(2)(A) of such ‘‘(ii) An extension of the approval period the employer’s compliance with the require- Act, as amended by this section, is further under clause (i) may not be granted until the ments of this subsection. amended by adding at the end the following: importing employer submits an application ‘‘(ii) If the Secretary of Homeland Security ‘‘The Secretary may conduct surveys of the to the Secretary of Homeland Security that receives specific credible information from a degree to which employers comply with the contains— source who is likely to have knowledge of an requirements under this subsection and may ‘‘(I) evidence that the importing employer employer’s practices, employment condi- conduct annual compliance audits of em- meets the requirements of this subsection; tions, or compliance with the requirements ployers that employ H–1B nonimmigrants. ‘‘(II) evidence that the beneficiary meets under this subsection, the Secretary may The Secretary shall conduct annual compli- the requirements under section 101(a)(15)(L); conduct an investigation into the employer’s ance audits of not less than 1 percent of the ‘‘(III) a statement summarizing the origi- compliance with the requirements of this employers that employ H–1B nonimmigrants nal petition; subsection. The Secretary may withhold the during the applicable calendar year. The ‘‘(IV) evidence that the importing em- identity of the source from the employer, Secretary shall conduct annual compliance ployer has fully complied with the business and the source’s identity shall not be subject audits of each employer with more than 100 plan submitted under clause (i)(I); to disclosure under section 552 of title 5. employees who work in the United States if ‘‘(V) evidence of the truthfulness of any ‘‘(iii) The Secretary of Homeland Security more than 15 percent of such employees are representations made in connection with the shall establish a procedure for any person de- H–1B nonimmigrants.’’. filing of the original petition; siring to provide to the Secretary of Home- (e) PENALTIES.—Section 212(n)(2)(C) of such ‘‘(VI) evidence that the importing em- land Security information described in Act, as amended by this section, is further ployer, during the preceding 12 months, has clause (ii) that may be used, in whole or in amended— been doing business at the new facility part, as the basis for the commencement of (1) in clause (i)(I), by striking ‘‘$1,000’’ and through regular, systematic, and continuous an investigation described in such clause, to inserting ‘‘$2,000’’; provision of goods or services, or has other- provide the information in writing on a form (2) in clause (ii)(I), by striking ‘‘$5,000’’ and wise been taking commercially reasonable developed and provided by the Secretary of inserting ‘‘$10,000’’; and steps to establish the new facility as a com- Homeland Security and completed by or on (3) in clause (vi)(III), by striking ‘‘$1,000’’ mercial enterprise; behalf of the person. and inserting ‘‘$2,000’’. ‘‘(VII) a statement of the duties the bene- ‘‘(iv) No investigation described in clause (f) INFORMATION PROVIDED TO H–1B NON- ficiary has performed at the new facility dur- (ii) (or hearing described in clause (vi) based IMMIGRANTS UPON VISA ISSUANCE.—Section ing the preceding 12 months and the duties on such investigation) may be conducted 212(n) of such Act, as amended by this sec- the beneficiary will perform at the new facil- with respect to information about a failure tion, is further amended by inserting after ity during the extension period approved to comply with the requirements under this paragraph (2) the following: under this clause; subsection, unless the Secretary of Home- ‘‘(3)(A) Upon issuing an H–1B visa to an ap- ‘‘(VIII) a statement describing the staffing land Security receives the information not plicant outside the United States, the at the new facility, including the number of later than 24 months after the date of the al- issuing office shall provide the applicant employees and the types of positions held by leged failure. with— such employees; ‘‘(v) Before commencing an investigation ‘‘(i) a brochure outlining the employer’s ‘‘(IX) evidence of wages paid to employees; of an employer under clause (i) or (ii), the obligations and the employee’s rights under ‘‘(X) evidence of the financial status of the Secretary of Homeland Security shall pro- Federal law, including labor and wage pro- new facility; and vide notice to the employer of the intent to tections; ‘‘(XI) any other evidence or data prescribed conduct such investigation. The notice shall ‘‘(ii) the contact information for Federal by the Secretary. be provided in such a manner, and shall con- agencies that can offer more information or ‘‘(iii) Notwithstanding subclauses (I) tain sufficient detail, to permit the employer assistance in clarifying employer obligations through (VI) of clause (ii), and subject to the to respond to the allegations before an inves- and workers’ rights; and maximum period of authorized admission set tigation is commenced. The Secretary is not ‘‘(iii) a copy of the employer’s H–1B appli- forth in subparagraph (D), the Secretary of required to comply with this clause if the cation for the position that the H–1B non- Homeland Security may approve a petition Secretary determines that to do so would immigrant has been issued the visa to fill. subsequently filed on behalf of the bene- interfere with an effort by the Secretary to ‘‘(B) Upon the issuance of an H–1B visa to ficiary to continue employment at the facil- investigate or secure compliance by the em- an alien inside the United States, the officer ity described in this subsection for a period ployer with the requirements of this sub- of the Department of Homeland Security beyond the initially granted 12-month period section. There shall be no judicial review of shall provide the applicant with— if the importing employer demonstrates that a determination by the Secretary under this ‘‘(i) a brochure outlining the employer’s the failure to satisfy any of the requirements clause. obligations and the employee’s rights under described in those subclauses was directly ‘‘(vi) If the Secretary of Homeland Secu- Federal law, including labor and wage pro- caused by extraordinary circumstances be- rity, after an investigation under clause (i) tections; yond the control of the importing employer. or (ii), determines that a reasonable basis ex- ‘‘(ii) the contact information for Federal ‘‘(iv) For purposes of determining the eligi- ists to make a finding that the employer has agencies that can offer more information or bility of an alien for classification under sec- failed to comply with the requirements assistance in clarifying employer’s obligation 101(a)(15)(L), the Secretary of Homeland under this subsection, the Secretary shall tions and workers’ rights; and Security shall work cooperatively with the provide interested parties with notice of ‘‘(iii) a copy of the employer’s H–1B appli- Secretary of State to verify a company or fa- such determination and an opportunity for a cation for the position that the H–1B non- cility’s existence in the United States and hearing in accordance with section 556 of immigrant has been issued the visa to fill.’’. abroad.’’. title 5, United States Code, not later than 120 SEC. 504. L–1 VISA FRAUD AND ABUSE PROTEC- (b) RESTRICTION ON BLANKET PETITIONS.— days after the date of such determination. If TIONS. Section 214(c)(2)(A) of such Act is amended such a hearing is requested, the Secretary (a) IN GENERAL.—Section 214(c)(2) of the to read as follows: shall make a finding concerning the matter Immigration and Nationality Act (8 U.S.C. ‘‘(2)(A) The Secretary of Homeland Secu- by not later than 120 days after the date of 1184(c)(2)) is amended— rity may not permit the use of blanket peti- the hearing. (1) by striking ‘‘Attorney General’’ each tions to import aliens as nonimmigrants ‘‘(vii) If the Secretary of Homeland Secu- place it appears and inserting ‘‘Secretary of under section 101(a)(15)(L).’’. rity, after a hearing, finds a reasonable basis Homeland Security’’; (c) PROHIBITION ON OUTPLACEMENT.—Sec- to believe that the employer has violated the (2) in subparagraph (E), by striking ‘‘In the tion 214(c)(2) of such Act, as amended by this requirements under this subsection, the Sec- case of an alien spouse admitted under sec- section, is further amended by adding at the retary may impose a penalty under section tion 101(a)(15)(L), who’’ and inserting ‘‘Ex- end the following: 214(c)(2)(J).’’. cept as provided in subparagraph (H), if an ‘‘(H) An employer who imports 1 or more (2) AUDITS.—Section 214(c)(2)(I) of such alien spouse admitted under section aliens as nonimmigrants described in section Act, as added by paragraph (1), is amended 101(a)(15)(L)’’; and 101(a)(15)(L) shall not place, outsource, lease, by adding at the end the following: (3) by adding at the end the following: or otherwise contract for the placement of ‘‘(viii) The Secretary of Homeland Secu- ‘‘(G)(i) If the beneficiary of a petition an alien admitted or provided status as an L– rity may conduct surveys of the degree to under this subsection is coming to the 1 nonimmigrant with another employer.’’. which employers comply with the require- United States to open, or be employed in, a (d) INVESTIGATIONS AND AUDITS BY DEPART- ments under this section and may conduct new facility, the petition may be approved MENT OF HOMELAND SECURITY.— annual compliance audits of employers that

VerDate Aug 31 2005 07:16 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.109 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9637 employ H–1B nonimmigrants. The Secretary ‘‘(cc) the median wage for skill level 2 in ‘‘(iii) In this subparagraph, the term ‘em- shall conduct annual compliance audits of the occupational classification found in the ployee’ includes— not less than 1 percent of the employers that most recent Occupational Employment Sta- ‘‘(I) a current employee; employ nonimmigrants described in section tistics survey; and ‘‘(II) a former employee; and 101(a)(15)(L) during the applicable calendar ‘‘(II) provide working conditions for such ‘‘(III) an applicant for employment.’’. year. The Secretary shall conduct annual nonimmigrant that will not adversely affect SEC. 506. ADDITIONAL DEPARTMENT OF LABOR compliance audits of each employer with the working conditions of workers similarly EMPLOYEES. more than 100 employees who work in the employed. (a) IN GENERAL.—The Secretary of Labor is United States if more than 15 percent of such ‘‘(ii) If an employer, in such previous pe- authorized to hire 200 additional employees employees are nonimmigrants described in riod specified by the Secretary of Homeland to administer, oversee, investigate, and en- section 101(a)(15)(L).’’. Security, employed 1 or more L–1 non- force programs involving H–1B non- (3) REPORTING REQUIREMENT.—Section immigrants, the employer shall provide to immigrant workers. the Secretary of Homeland Security the In- 214(c)(8) of such Act is amended by inserting (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(L),’’ after ‘‘(H),’’. ternal Revenue Service Form W–2 Wage and There are authorized to be appropriated such (e) PENALTIES.—Section 214(c)(2) of such Tax Statement filed by the employer with sums as may be necessary to carry out this Act, as amended by this section, is further respect to such nonimmigrants for such pe- section. amended by adding at the end the following: riod. ‘‘(J)(i) If the Secretary of Homeland Secu- ‘‘(iii) It is a failure to meet a condition under this subparagraph for an employer, SA 2349. Mr. HARKIN submitted an rity finds, after notice and an opportunity amendment intended to be proposed by for a hearing, a failure by an employer to who has filed a petition to import 1 or more meet a condition under subparagraph (F), aliens as nonimmigrants described in section him to the bill H.R. 2669, to provide for (G), (H), (I), or (K) or a misrepresentation of 101(a)(15)(L), to— reconciliation pursuant to section 601 material fact in a petition to employ 1 or ‘‘(I) require such a nonimmigrant to pay a of the concurrent resolution on the more aliens as nonimmigrants described in penalty for ceasing employment with the budget for fiscal year 2008; which was section 101(a)(15)(L)— employer before a date mutually agreed to ordered to lie on the table; as follows: ‘‘(I) the Secretary of Homeland Security by the nonimmigrant and the employer; or ‘‘(II) fail to offer to such a nonimmigrant, At the end of title III of the Higher Edu- may impose such other administrative rem- cation Access Act of 2007, add the following: edies (including civil monetary penalties in during the nonimmigrant’s period of author- an amount not to exceed $2,000 per violation) ized employment, on the same basis, and in SEC. 3lll. LOAN REPAYMENT FOR CIVIL LEGAL as the Secretary determines to be appro- accordance with the same criteria, as the ASSISTANCE ATTORNEYS. priate; and employer offers to United States workers, (a) IN GENERAL.—Part B of title IV (20 ‘‘(II) the Secretary of Homeland Security benefits and eligibility for benefits, includ- U.S.C. 1071 et seq.) is amended by inserting may not, during a period of at least 1 year, ing— after section 428K the following: approve a petition for that employer to em- ‘‘(aa) the opportunity to participate in ‘‘SEC. 428L. LOAN REPAYMENT FOR CIVIL LEGAL ploy 1 or more aliens as such non- health, life, disability, and other insurance ASSISTANCE ATTORNEYS. immigrants. plans; ‘‘(a) PURPOSE.—The purpose of this section ‘‘(ii) If the Secretary of Homeland Security ‘‘(bb) the opportunity to participate in re- is to encourage qualified individuals to enter finds, after notice and an opportunity for a tirement and savings plans; and and continue employment as civil legal as- hearing, a willful failure by an employer to ‘‘(cc) cash bonuses and noncash compensa- sistance attorneys. meet a condition under subparagraph (F), tion, such as stock options (whether or not ‘‘(b) DEFINITIONS.—In this section: (G), (H), (I), or (K) or a misrepresentation of based on performance). ‘‘(1) CIVIL LEGAL ASSISTANCE ATTORNEY.— material fact in a petition to employ 1 or ‘‘(iv) The Secretary of Homeland Security The term ‘civil legal assistance attorney’ more aliens as nonimmigrants described in shall determine whether a required payment means an attorney who— section 101(a)(15)(L)— under clause (iii)(I) is a penalty (and not liq- ‘‘(A) is a full-time employee of a nonprofit ‘‘(I) the Secretary of Homeland Security uidated damages) pursuant to relevant State organization that provides legal assistance may impose such other administrative rem- law.’’. with respect to civil matters to low-income edies (including civil monetary penalties in (2) EFFECTIVE DATE.—The amendments individuals without a fee; an amount not to exceed $10,000 per viola- made by this subsection shall apply to appli- ‘‘(B) as such employee, provides civil legal tion) as the Secretary determines to be ap- cations filed on or after the date of the en- assistance as described in subparagraph (A) propriate; and actment of this Act. on a full-time basis; and ‘‘(II) the Secretary of Homeland Security SEC. 505. WHISTLEBLOWER PROTECTIONS. ‘‘(C) is continually licensed to practice may not, during a period of at least 2 years, (a) H–1B WHISTLEBLOWER PROTECTIONS.— law. approve a petition filed for that employer to Section 212(n)(2)(C)(iv) of the Immigration ‘‘(2) STUDENT LOAN.—The term ‘student employ 1 or more aliens as such non- and Nationality Act (8 U.S.C. loan’ means— immigrants. 1182(n)(2)(C)(iv)) is amended— ‘‘(A) subject to subparagraph (B), a loan ‘‘(iii) If the Secretary of Homeland Secu- (1) by inserting ‘‘take, fail to take, or made, insured, or guaranteed under part B, rity finds, after notice and an opportunity threaten to take or fail to take, a personnel D, or E of this title; and for a hearing, a willful failure by an em- action, or’’ before ‘‘to intimidate’’; and ‘‘(B) a loan made under section 428C or ployer to meet a condition under subpara- (2) by adding at the end the following: ‘‘An 455(g), to the extent that such loan was used graph (L)(i)— employer that violates this clause shall be to repay— ‘‘(I) the Secretary of Homeland Security liable to the employees harmed by such vio- ‘‘(i) a Federal Direct Stafford Loan, a Fed- may impose such other administrative rem- lation for lost wages and benefits.’’. eral Direct Unsubsidized Stafford Loan, or a edies (including civil monetary penalties in (b) L–1 WHISTLEBLOWER PROTECTIONS.—Sec- Federal Direct PLUS Loan; an amount not to exceed $10,000 per violation 214(c)(2) of such Act, as amended by sec- ‘‘(ii) a loan made under section 428, 428B, or tion) as the Secretary determines to be ap- tion 504, is further amended by adding at the 428H; or propriate; and end the following: ‘‘(iii) a loan made under part E. ‘‘(L)(i) It is a violation of this subpara- ‘‘(II) the employer shall be liable to em- ROGRAM AUTHORIZED.—The Secretary graph for an employer who has filed a peti- ‘‘(c) P ployees harmed for lost wages and benefits.’’. tion to import 1 or more aliens as non- shall carry out a program of assuming the (f) WAGE DETERMINATION.— immigrants described in section 101(a)(15)(L) obligation to repay a student loan, by direct (1) CHANGE IN MINIMUM WAGES.—Section to take, fail to take, or threaten to take or payments on behalf of a borrower to the 214(c)(2) of such Act, as amended by this sec- fail to take, a personnel action, or to intimi- holder of such loan, in accordance with sub- tion, is further amended by adding at the end date, threaten, restrain, coerce, blacklist, section (d), for any borrower who— the following: discharge, or discriminate in any other man- ‘‘(1) is employed as a civil legal assistance ‘‘(K)(i) An employer that employs a non- ner against an employee because the em- attorney; and immigrant described in section 101(a)(15)(L) ployee— ‘‘(2) is not in default on a loan for which shall— ‘‘(I) has disclosed information that the em- the borrower seeks repayment. ‘‘(I) offer such nonimmigrant, during the ployee reasonably believes evidences a viola- ‘‘(d) TERMS OF AGREEMENT.— period of authorized employment, wages, tion of this subsection, or any rule or regula- ‘‘(1) IN GENERAL.—To be eligible to receive based on the best information available at tion pertaining to this subsection; or repayment benefits under subsection (c), a the time the application is filed, which are ‘‘(II) cooperates or seeks to cooperate with borrower shall enter into a written agree- not less than the highest of— the requirements of this subsection, or any ment with the Secretary that specifies ‘‘(aa) the locally determined prevailing rule or regulation pertaining to this sub- that— wage level for the occupational classification section. ‘‘(A) the borrower will remain employed as in the area of employment; ‘‘(ii) An employer that violates this sub- a civil legal assistance attorney for a re- ‘‘(bb) the median average wage for all paragraph shall be liable to the employees quired period of service of not less than 3 workers in the occupational classification in harmed by such violation for lost wages and years, unless involuntarily separated from the area of employment; or benefits. that employment;

VerDate Aug 31 2005 07:16 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.109 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9638 CONGRESSIONAL RECORD — SENATE July 19, 2007 ‘‘(B) if the borrower is involuntarily sepa- the borrower in an agreement entered into fications which meet the requirements under rated from employment on account of mis- under subsection (d). such section. conduct, or voluntarily separates from em- ‘‘(g) REGULATIONS.—The Secretary is au- ‘‘(c) USE OF FUNDS.—A State receiving a ployment, before the end of the period speci- thorized to issue such regulations as may be payment under this part shall use the pay- fied in the agreement, the borrower will necessary to carry out the provisions of this ment only to provide free photo identifica- repay the Secretary the amount of any bene- section. tion cards to registered voters who do not fits received by such employee under this ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— have an identification card that meets the agreement; There are authorized to be appropriated to requirements under section 304. ‘‘(C) if the borrower is required to repay an carry out this section $10,000,000 for fiscal ‘‘(d) ALLOCATION OF FUNDS.— amount to the Secretary under subparagraph year 2008 and such sums as may be necessary ‘‘(1) IN GENERAL.—The amount of the grant (B) and fails to repay such amount, a sum for each succeeding fiscal year.’’. made to a State under this part for a year equal to that amount shall be recoverable by shall be equal to the product of— the Federal Government from the employee SA 2350. Mrs. DOLE (for herself and ‘‘(A) the total amount appropriated for by such methods as are provided by law for Mr. MCCONNELL) submitted an amend- payments under this part for the year under the recovery of amounts owed to the Federal ment intended to be proposed to section 298; and Government; amendment SA 2327 proposed by Mr. ‘‘(B) an amount equal to— ‘‘(D) the Secretary may waive, in whole or ‘‘(i) the voting age population of the State in part, a right of recovery under this sub- KENNEDY to the bill H.R. 2669, to pro- (as reported in the most recent decennial section if it is shown that recovery would be vide for reconciliation pursuant to sec- census); divided by against equity and good conscience or tion 601 of the concurrent resolution on ‘‘(ii) the total voting age population of all against the public interest; and the budget for fiscal year 2008; as fol- eligible States which submit an application ‘‘(E) the Secretary shall make student loan lows: for payments under this part (as reported in payments under this section for the period of At the appropriate place, insert the fol- the most recent decennial census). the agreement, subject to the availability of lowing: ‘‘SEC. 298. AUTHORIZATION OF APPROPRIATIONS. appropriations. SEC. ll. IDENTIFICATION REQUIREMENT. ‘‘(a) IN GENERAL.—In addition to any other ‘‘(2) REPAYMENTS.— (a) NEW REQUIREMENT FOR INDIVIDUALS amounts authorized to be appropriated under ‘‘(A) IN GENERAL.—Any amount repaid by, this subtitle, there are authorized to be ap- or recovered from, an individual under this VOTING IN PERSON.— (1) IN GENERAL.—Title III of the Help Amer- propriated such sums as may be necessary subsection shall be credited to the appropria- for the purpose of making payments under tion account from which the amount in- ica Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended— section 297. volved was originally paid. ‘‘(b) AVAILABILITY.—Any amounts appro- ‘‘(B) MERGER.—Any amount credited under (A) by redesignating sections 304 and 305 as sections 305 and 306, respectively; and priated pursuant to the authority of this sec- subparagraph (A) shall be merged with other tion shall remain available until expended.’’. sums in such account and shall be available (B) by inserting after section 303 the following new section: (2) CONFORMING AMENDMENT.—The table of for the same purposes and period, and sub- contents of the Help America Vote Act of ject to the same limitations, if any, as the ‘‘SEC. 304. IDENTIFICATION OF VOTERS AT THE POLLS. 2002 is amended by inserting after the item sums with which the amount was merged. relating to section 296 the following: ‘‘(3) LIMITATIONS.— ‘‘(a) IN GENERAL.—Notwithstanding the re- ‘‘(A) STUDENT LOAN PAYMENT AMOUNT.— quirements of section 303(b), each State shall ‘‘PART 7—PHOTO IDENTIFICATION Student loan repayments made by the Sec- require individuals casting ballots in an elec- ‘‘Sec. 297. Payments for free photo identi- retary under this section shall be made sub- tion for Federal office in person to present a fication. ject to such terms, limitations, or conditions current valid photo identification issued by a ‘‘Sec. 298. Authorization of appropriations.’’. as may be mutually agreed upon by the bor- governmental entity before voting. rower and the Secretary in an agreement ‘‘(b) EFFECTIVE DATE.—Each State shall be SA 2351. Mr. MCCONNELL proposed under paragraph (1), except that the amount required to comply with the requirements of an amendment to amendment SA 2327 paid by the Secretary under this section subsection (a) on and after January 1, 2008.’’. proposed by Mr. KENNEDY to the bill shall not exceed— (2) CONFORMING AMENDMENTS.— H.R. 2669, to provide for reconciliation ‘‘(i) $6,000 for any borrower in any calendar (A) Section 401 of the Help America Vote pursuant to section 601 of the concur- year; or Act of 2002 (42 U.S.C. 15511) is amended by rent resolution on the budget for fiscal ‘‘(ii) an aggregate total of $40,000 in the striking ‘‘and 303’’ and inserting ‘‘303, and case of any borrower. 304’’. year 2008; as follows: ‘‘(B) BEGINNING OF PAYMENTS.—Nothing in (B) The table of contents of the Help Amer- At the appropriate place, insert the fol- this section shall authorize the Secretary to ica Vote Act of 2002 is amended— lowing: pay any amount to reimburse a borrower for (i) by redesignating the items relating to SEC. ll. SENSE OF SENATE ON THE DETAINEES any repayments made by such borrower prior sections 304 and 305 as relating to items 305 AT GUANTANAMO BAY, CUBA. to the date on which the Secretary entered and 306, respectively; and (a) FINDINGS.—The Senate makes the fol- into an agreement with the borrower under (ii) by inserting after the item relating to lowing findings: this subsection. section 303 the following new item: (1) During the War on Terror, senior mem- ‘‘(e) ADDITIONAL AGREEMENTS.— ‘‘Sec. 304. Identification of voters at the bers of al Qaeda have been captured by the ‘‘(1) IN GENERAL.—On completion of the re- polls.’’. United States military and intelligence per- quired period of service under an agreement sonnel and their allies. (b) FUNDING FOR FREE PHOTO IDENTIFICA- under subsection (d), the borrower and the (2) Many such senior members of al Qaeda TIONS.— Secretary may, subject to paragraph (2), have since been transferred to the detention (1) IN GENERAL.—Subtitle D of title II of enter into an additional agreement in ac- facility at Guantanamo Bay, Cuba. the Help America Vote Act of 2002 (42 U.S.C. cordance with subsection (d). (3) These senior al Qaeda members de- 15401 et seq.) is amended by adding at the end ‘‘(2) TERM.—An agreement entered into tained at Guantanamo Bay include Khalid the following: under paragraph (1) may require the bor- Sheikh Mohammed, who was the mastermind rower to remain employed as a civil legal as- ‘‘PART 7—PHOTO IDENTIFICATION behind the terrorist attacks of September 11, sistance attorney for less than 3 years. ‘‘SEC. 297. PAYMENTS FOR FREE PHOTO IDENTI- 2001, which killed approximately 3,000 inno- ‘‘(f) AWARD BASIS; PRIORITY.— FICATION. cent people. ‘‘(1) AWARD BASIS.—Subject to paragraph ‘‘(a) IN GENERAL.—In addition to any other (4) These senior al Qaeda members de- (2), the Secretary shall provide repayment payments made under this subtitle, the Com- tained at Guantanamo Bay also include benefits under this section on a first-come, mission shall make payments to States to Majid Khan, who was tasked to develop plans first-served basis, and subject to the avail- promote the issuance to registered voters of to poison water reservoirs inside the United ability of appropriations. free photo identifications for purposes of States, was responsible for conducting a ‘‘(2) PRIORITY.—The Secretary shall give meeting the identification requirements study on the feasibility of a potential gas priority in providing repayment benefits under section 304. station bombing campaign inside the United under this section in any fiscal year to a bor- ‘‘(b) ELIGIBILITY.—A State is eligible to re- States, and was integral in recommending rower who— ceive a grant under this part if it submits to Iyman Farris, who plotted to destroy the ‘‘(A) has practiced law for 5 years or less the Commission (at such time and in such Brooklyn Bridge, to be an operative for al and, for at least 90 percent of the time in form as the Commission may require) an ap- Qaeda inside the United States. such practice, has served as a civil legal as- plication containing— (5) These senior al Qaeda members de- sistance attorney; ‘‘(1) a statement that the State intends to tained at Guantanamo Bay also include Abd ‘‘(B) received repayment benefits under comply with the requirements under section al-Rahim al-Nashiri, who was an al Qaeda this section during the preceding fiscal year; 304; and operations chief for the Arabian Peninsula and ‘‘(2) a description of how the State intends and who, at the request of Osama bin Laden, ‘‘(C) has completed less than 3 years of the to use the payment under this part to pro- orchestrated the attack on the U.S.S. Cole, first required period of service specified for vide registered voters with free photo identi- which killed 17 United States sailors.

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(6) These senior al Qaeda members de- (2) APPLICATION.—The amendment made by subsection (a) for any taxable year shall not tained at Guantanamo Bay also include paragraph (1) shall not apply to collective exceed the excess (if any) of— Ahmed Khalfan Ghailani, who played a bargaining relationships in which a labor or- ‘‘(A) the regular tax liability of the tax- major role in the East African Embassy ganization with majority support was law- payer for such taxable year reduced by the Bombings, which killed more than 250 peo- fully recognized prior to the date of enact- sum of the credits allowable under subparts ple. ment of this Act. A, B, D, E, and F of this part, over (7) The Department of Defense has esti- (b) ELECTION REQUIRED.— ‘‘(B) the tentative minimum tax for the mated that of the approximately 415 detain- (1) IN GENERAL.—Section 8(b) of the Na- taxable year. ees who have been released or transferred tional Labor Relations Act (29 U.S.C. 158(b)) ‘‘(2) TAXABLE YEARS BEGINNING AFTER 2007.— from the detention facility at Guantanamo is amended— In the case of any taxable year beginning Bay, at least 29 have subsequently taken up (A) in paragraph (6), by striking ‘‘and’’ at after 2007, the credit allowable under sub- arms against the United States and its al- the end; section (a) to a taxpayer other than a cor- lies. (B) in paragraph (7), by striking the period poration for any taxable year shall not ex- (8) Osama bin Laden, the leader of al at the end and inserting ‘‘; and’’; and ceed 90 percent of the regular tax liability of Qaeda, said in his 1998 fatwa against the (C) by adding at the end the following: the taxpayer for such taxable year reduced United States, that ‘‘[t]he ruling to kill the ‘‘(8) to cause or attempt to cause an em- by the sum of the credits allowable under Americans and their allies—civilians and ployer to recognize or bargain collectively subparts A, B, D, E, and F of this part.’’. military—is an individual duty for every with a representative of a labor organization (c) EFFECTIVE DATE.—The amendments Muslim who can do it in any country in that has not been selected by a majority of made by this section shall apply to taxable which it is possible to do it’’. such employees in a secret ballot election years beginning after December 31, 2007. (9) In the same fatwa, bin Laden said, conducted by the National Labor Relations ‘‘[w]e—with God’s help—call on every Mus- Board in accordance with section 9.’’. SA 2354. Mrs. HUTCHISON submitted lim who believes in God and wishes to be re- (2) APPLICATION.—The amendment made by an amendment intended to be proposed warded to comply with God’s order to kill paragraph (1) shall not apply to collective to amendment SA 2327 proposed by Mr. the Americans and plunder their money bargaining relationships that were recog- KENNEDY to the bill H.R. 2669, to pro- wherever and whenever they find it’’. nized prior to the date of enactment of this vide for reconciliation pursuant to sec- (10) It is safer for American citizens if cap- Act. tion 601 of the concurrent resolution on (c) SECRET BALLOT ELECTION.—Section 9(a) tured members of al Qaeda and other ter- the budget for fiscal year 2008; which rorist organizations are not housed on Amer- of the National Labor Relations Act (29 ican soil where they could more easily carry U.S.C. 159(a)), is amended— was ordered to lie on the table; as fol- out their mission to kill innocent civilians. (1) by striking ‘‘Representatives’’ and in- lows: (b) SENSE OF SENATE.—It is the sense of the serting ‘‘(1) Representatives’’; At the end of title VIII of the Higher Edu- Senate that detainees housed at Guanta- (2) by inserting after ‘‘designated or se- cation Access Act of 2007, add the following: namo Bay, Cuba, including senior members lected’’ the following: ‘‘by a secret ballot SEC. 802. REPEAL OF SUNSET ON MARRIAGE PEN- of al Qaeda, should not be released into election conducted by the National Labor ALTY RELIEF. American society, nor should they be trans- Relations Board in accordance with this sec- Title IX of the Economic Growth and Tax ferred stateside into facilities in American tion’’; and Relief Reconciliation Act of 2001 (26 U.S.C. 1 communities and neighborhoods. (3) by adding at the end the following: note) (relating to sunset of provisions of ‘‘(2) The secret ballot election requirement such Act) shall not apply to sections 301, 302, SA 2352. Mr. DEMINT proposed an under paragraph (1) shall not apply to collec- and 303 (relating to marriage penalty relief) amendment to amendment SA 2327 pro- tive bargaining relationships that were rec- of such Act (26 U.S.C. 1 note, 32) . posed by Mr. KENNEDY to the bill H.R. ognized before the date of the enactment of 2669, to provide for reconciliation pur- the Secret Ballot Protection Act of 2007.’’. SA 2355. Mr. ENSIGN proposed an suant to section 601 of the concurrent SEC. l04. REGULATIONS AND AUTHORITY. amendment to amendment SA 2327 pro- resolution on the budget for fiscal year (a) REGULATIONS.—Not later than 6 months posed by Mr. KENNEDY to the bill H.R. 2008; as follows: after the date of the enactment of this Act, 2669, to provide for reconciliation pur- the National Labor Relations Board shall re- suant to section 601 of the concurrent At the appropriate place, insert the fol- view and revise all regulations promulgated lowing: resolution on the budget for fiscal year prior to such date of enactment to imple- 2008; as follows: TITLE ll—SECRET BALLOT PROTECTION ment the amendments made by this title. SEC. l01. SHORT TITLE. (b) AUTHORITY.—Nothing in this title (or At the appropriate place, insert the fol- This title may be cited as the ‘‘Secret Bal- the amendments made by this title) shall be lowing: lot Protection Act of 2007’’. construed to limit or otherwise diminish the SEC. ll. PRECLUSION OF SOCIAL SECURITY CREDITS PRIOR TO ENUMERATION SEC. l02. FINDINGS. remedial authority of the National Labor OR FOR ANY PERIOD WITHOUT Congress makes the following findings: Relations Board. WORK AUTHORIZATION. (1) The right of employees under the Na- (a) INSURED STATUS.—Section 214 of the So- tional Labor Relations Act (29 U.S.C. 151 et SA 2353. Mr. KYL submitted an cial Security Act (42 U.S.C. 414) is amended seq.) to choose whether to be represented by amendment intended to be proposed to by adding at the end the following: a labor organization by way of secret ballot amendment SA 2327 proposed by Mr. ‘‘(d)(1) Except as provided in paragraph election conducted by the National Labor KENNEDY to the bill H.R. 2669, to pro- (2)— Relations Board is among the most impor- vide for reconciliation pursuant to sec- ‘‘(A) no quarter of coverage shall be cred- tant protections afforded under Federal ited for purposes of this section if, with re- labor law. tion 601 of the concurrent resolution on the budget for fiscal year 2008; as fol- spect to any individual who is assigned a so- (2) The right of employees to choose by se- cial security account number on or after the cret ballot is the only method that ensures a lows: date of enactment of the Higher Education choice free of coercion, intimidation, irregu- At the appropriate place, insert the fol- Access Act of 2007, such quarter of coverage larity, or illegality. lowing: is earned prior to the year in which such so- (3) The recognition of a labor organization SEC. l. REPEAL OF INDIVIDUAL ALTERNATIVE cial security account number is assigned; by using a private agreement, rather than a MINIMUM TAX. and secret ballot election overseen by the Na- (a) IN GENERAL.—Section 55(a) of the Inter- ‘‘(B) no quarter of coverage shall be cred- tional Labor Relations Board, threatens the nal Revenue Code of 1986 (relating to alter- ited for purposes of this section for any cal- freedom of employees to choose whether to native minimum tax imposed) is amended by endar year, with respect to an individual be represented by a labor organization, and adding at the end the following new flush who is not a natural-born United States cit- severely limits the ability of the National sentence: izen, unless the Commissioner of Social Se- Labor Relations Board to ensure the protec- ‘‘For purposes of this title, the tentative curity determines, on the basis of information of workers. minimum tax on any taxpayer other than a tion provided to the Commissioner in accord- SEC. l03. NATIONAL LABOR RELATIONS ACT. corporation for any taxable year beginning ance with an agreement entered into under (a) RECOGNITION OF REPRESENTATIVE.— after December 31, 2007, shall be zero.’’. subsection (e) or otherwise, that the indi- (1) IN GENERAL.—Section 8(a)(2) of the Na- (b) MODIFICATION OF LIMITATION ON USE OF vidual was authorized to be employed in the tional Labor Relations Act (29 U.S.C. CREDIT FOR PRIOR YEAR MINIMUM TAX LI- United States during such quarter. 158(a)(2)) is amended by inserting before the ABILITY.—Subsection (c) of section 53 of the ‘‘(2) Paragraph (1) shall not apply with re- colon the following: ‘‘or to recognize or bar- Internal Revenue Code of 1986 (relating to spect to any quarter of coverage earned by gain collectively with a labor organization credit for prior year minimum tax liability) an individual who, at such time such quarter that has not been selected by a majority of is amended to read as follows: of coverage is earned, satisfies the criterion such employees in a secret ballot election ‘‘(c) LIMITATION.— specified in subsection (c)(2). conducted by the National Labor Relations ‘‘(1) IN GENERAL.—Except as provided in ‘‘(e) Not later than 180 days after the date Board in accordance with section 9’’. paragraph (2), the credit allowable under of the enactment of the Higher Education

VerDate Aug 31 2005 07:16 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.116 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9640 CONGRESSIONAL RECORD — SENATE July 19, 2007 Access Act of 2007, the Secretary of Home- and military sites throughout the United Since, on January 20, 2001, former Presi- land Security shall enter into an agreement States, and whereas, on August 11, 1999, dent Clinton pardoned his former Director of with the Commissioner of Social Security to President Clinton commuted the sentences Central Intelligence John Deutch for his provide such information as the Commis- of 16 terrorists, all of whom were members of mishandling of national security secrets; and sioner determines necessary to carry out the the FALN, and whereas this action was Since, on January 20, 2001, former Presi- limitations on crediting quarters of coverage taken counter to the recommendation of the dent Clinton pardoned Samuel Loring under subsection (d). Nothing in this sub- Federal Bureau of Investigation, the Federal Morison, a former Navy intelligence analyst section may be construed as establishing an Bureau of Prisons, and two United States At- who was convicted on espionage charges: effective date for purposes of this section.’’. torneys; Now, therefore, be it determined that it is (b) BENEFIT COMPUTATION.—Section 215(e) Since, on January 20, 2001, former Presi- the sense of the Senate that of such Act (42 U.S.C. 415(e)) is amended— dent Clinton commuted the sentence of (1) former President Clinton’s granting of (1) by striking ‘‘and’’ at the end of para- Susan L. Rosenberg, a former member of the clemency to 16 FALN terrorists, two former graph (1); Weather Underground Organization terrorist members of the Weather Underground Orga- (2) by striking the period at the end of group whose mission included the violent nization, and a former member of the Sym- paragraph (2) and inserting ‘‘; and’’; and overthrow of the United States Government, bionese Liberation Army was inappropriate; (3) by adding at the end the following: who was charged in a robbery that left a se- (2) former President Clinton’s granting of ‘‘(3) in computing the average indexed curity guard and 2 police officers dead; clemency to individuals either in his family monthly earnings of an individual who is as- Since, on January 20, 2001, former Presi- or represented by family members was inap- signed a social security account number on dent Clinton commuted the sentence of propriate; or after the date of enactment of the Higher Linda Sue Evans, a former member of the (3) former President Clinton’s granting of Education Access Act of 2007, there shall not Weather Underground Organization terrorist clemency to public figures from his own po- be counted any wages or self-employment in- group, who made false statements and used litical party was inappropriate; come for which no quarter of coverage may false identification to illegally purchase fire- (4) former President Clinton’s pardons of be credited to such individual as a result of arms that were then used by Susan L. Rosen- individuals involved with the Whitewater in- the application of section 214(d).’’. berg in a robbery that left a security guard vestigation, a matter in which the former and 2 police officers dead; First Family was centrally involved, was in- SA 2356. Mr. SALAZAR proposed an Since, on January 20, 2001, former Presi- appropriate; and amendment to amendment SA 2327 pro- dent Clinton pardoned Patricia Hearst Shaw, (5) former President Clinton’s pardons of posed by Mr. KENNEDY to the bill H.R. a former member of the Symbionese Libera- individuals who have jeopardized intel- 2669, to provide for reconciliation pur- tion Army, a domestic terrorist group which ligence gathering and operations was inap- suant to section 601 of the concurrent also advocated the violent overthrow of the propriate. United States, and that carried out violent resolution on the budget for fiscal year SA 2358. Ms. STABENOW proposed an 2008; as follows: attacks in the United States; Since, on January 20, 2001, former Presi- amendment to amendment SA 2355 pro- At the appropriate place insert the fol- dent Clinton pardoned his half-brother Roger posed by Mr. ENSIGN to the amendment lowing: Clinton, who had been convicted of con- ENNEDY Since I. Lewis ‘‘Scooter’’ Libby previously SA 2327 proposed by Mr. K to spiracy to distribute cocaine and of distribu- served as Chief of Staff to Vice President the bill H.R. 2669, to provide for rection of cocaine; Dick Cheney; onciliation pursuant to section 601 of Since Mr. Libby was convicted in Federal Since, on March 15, 2000, former President the concurrent resolution on the budg- court of perjury and obstruction of justice in Clinton pardoned Edgar and Vonna Jo Greg- et for fiscal year 2008; as follows: ory, who had been convicted of conspiracy to connection with efforts by the Bush White Strike all after line 1, page 1 and insert the House to conceal the fact that Administra- willfully misapply bank funds and to make false statements and who, according to news following: tion officials leaked the name of a covert SEC. lll. PROHIBITION ON ILLEGAL ALIENS CIA agent in order to discredit her husband, reports, were represented by the former President’s brother-in-law, Tony Rodham; QUALIFYING FOR SOCIAL SECURITY a critic of the Iraq War; BENEFITS AND PRECLUSION OF SO- Since U.S. District Court Judge Reggie Since, on January 20, 2001, former Presi- CIAL SECURITY CREDITS PRIOR TO Walton sentenced Mr. Libby to 30 months in dent Clinton commuted the sentence of Car- ENUMERATION OR FOR ANY PERIOD prison to reflect the seriousness of the of- los Vignali, a convicted cocaine trafficker WITHOUT WORK AUTHORIZATION. fense, the sensitivity of the national security who, according to news reports, was rep- (a) PROHIBITION ON ILLEGAL ALIENS QUALI- information involved in Libby’s crime, and resented by the former President’s brother- FYING FOR SOCIAL SECURITY BENEFITS.— the abuse of Mr. Libby’s position of trust in in-law, Hugh Rodham; (1) IN GENERAL.—Nothing in this Act, or the United States government; Since, on January 20, 2001, former Presi- the amendments made by this Act, shall be Since President Bush chose to commute dent Clinton pardoned Almon Glenn construed to modify any provision of current Mr. Libby’s prison sentence in its entirety, Braswell, an individual convicted of money law that prohibits illegal aliens from quali- thereby entitling Libby to evade serious pun- laundering and tax evasion, who according to fying for Social Security benefits. ishment for his criminal conduct; news reports, was represented by former (2) ENFORCEMENT.—The Attorney General Since President Bush has refused to rule President’s brother-in-law, Hugh Rodham; shall ensure that the prohibition on the re- out the possibility that he will eventually Since, on December 22, 2000, former Presi- ceipt of Social Security by illegal aliens is issue a full pardon to Mr. Libby with respect dent Clinton pardoned former Democratic strictly enforced. to his criminal conviction; Representative Dan Rostenkowski, who had (b) PRECLUSION OF SOCIAL SECURITY CRED- Now therefore be it determined, that it is been convicted of mail fraud; ITS PRIOR TO ENUMERATION OR FOR ANY PE- the Sense of the Senate that President Bush Since, on January 20, 2001, former Presi- RIOD WITHOUT WORK AUTHORIZATION.— should not issue a pardon to I. Lewis ‘‘Scoot- dent Clinton commuted the sentence of con- (1) INSURED STATUS.—Section 214 of the So- er’’ Libby. victed sex offender and former Democratic cial Security Act (42 U.S.C. 414) is amended Representative Mel Reynolds, who had been by adding at the end the following new sub- SA 2357. Mr. MCCONNELL proposed found guilty of bank fraud, wire fraud, mak- sections: an amendment to amendment SA 2327 ing false statements to a financial institu- ‘‘(d)(1) Except as provided in paragraph proposed by Mr. KENNEDY to the bill tion, conspiracy to defraud the Federal Elec- (2)— H.R. 2669, to provide for reconciliation tions Commission, and making false state- ‘‘(A) no quarter of coverage shall be cred- ments to a Federal official; ited for purposes of this section if, with re- pursuant to section 601 of the concur- Since, on January 20, 2001, former Presi- spect to any individual who is assigned a so- rent resolution on the budget for fiscal dent Clinton pardoned his former Secretary cial security account number on or after the year 2008; as follows: of Housing and Urban Development Henry date of enactment of this Act, such quarter Deploring the actions of former President Cisneros, who had been convicted of making of coverage is earned prior to the year in William Jefferson Clinton regarding his false statements about payments to his mis- which such social security account number granting of clemency to terrorists, to family tress; is assigned; and members, donors, and individuals rep- Since, on January 20, 2001, former Presi- ‘‘(B) no quarter of coverage shall be cred- resented by family members, to public offi- dent Clinton pardoned Susan McDougal, who ited for purposes of this section for any cal- cials of his own political party, and to offi- had been a key figure in the Whitewater in- endar year, with respect to an individual cials who violated laws protecting United vestigation and who had been convicted of who is not a United States citizen if the States intelligence, and concluding that such aiding and abetting, in making false state- Commissioner of Social Security determines, actions by former President Clinton were in- ments, and who refused to testify against the on the basis of information provided to the appropriate. former President in the investigation; Commissioner in accordance with an agree- Since the Armed Forces of National Lib- Since, on January 20, 2001, former Presi- ment entered into under subsection (e) or eration (the FALN) is a terrorist organiza- dent Clinton pardoned Christopher Wade, otherwise, that the individual was not au- tion that claims responsibility for the bomb- who was a real estate salesmen involved in thorized to be employed in the United States ings of approximately 130 civilian, political, the Whitewater matter; during such quarter.

VerDate Aug 31 2005 08:12 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.120 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9641 ‘‘(2) Paragraph (1) shall not apply with re- fully offset the cost and avoid forcing tax- NOTICE OF HEARINGS spect to any quarter of coverage earned by payers to pay substantially more interest to an individual who, at such time such quarter foreign creditors; and that such relief should SUBCOMMITTEE ON NATIONAL PARKS of coverage is earned, satisfies the criterion be provided on an appropriate legislative ve- Mr. BINGAMAN. Mr. President, I specified in subsection (c)(2). hicle that won’t jeopardize legislation pro- would like to announce for the infor- ‘‘(e) Not later than 180 days after the date viding greater access and affordability to mation of the Senate and the public of this Act the Secretary of Homeland Secu- higher education for millions of students by that a hearing has been scheduled be- rity shall enter into an agreement with the subjecting the bill to a ‘‘blue slip’’ by the fore the Committee on Energy and Nat- Commissioner of Social Security to provide House. ural Resources, Subcommittee on Na- such information as the Commissioner determines necessary to carry out the limitations tional Parks. on crediting quarters of cover under sub- SA 2362. Mr. DEMINT proposed an The hearing will be held on August 2, section, (d), however, this provision shall not amendment to amendment SA 2327 pro- 2007, at 2:30 p.m. in room SD–366 of the be construed to establish an effective date posed by Mr. KENNEDY to the bill H.R. Dirksen Senate Office Building. for purposes of this section.’’. 2669, to provide for reconciliation pur- The purpose of the hearing is to re- (2) BENEFIT COMPUTATION.—Section 215(e) suant to section 601 of the concurrent ceive testimony on S. 1253, a bill to es- of such Act (42 U.S.C. 4159e)) is amended — resolution on the budget for fiscal year tablish a fund for the National Park (A) by striking ‘‘and’’ at the end of para- 2008; as follows: Centennial Challenge, and for other graph (1); (B) by striking the period at the end of At the appropriate place, insert the fol- purposes. paragraph (2) and inserting ‘‘and’’; and lowing: Because of the limited time available (C) by adding at the end the following new SEC. lll. REPEAL OF APPLICABILITY OF SUN- for the hearing, witnesses may testify paragraph: SET OF THE ECONOMIC GROWTH by invitation only. However, those ‘‘(3) in computing the average indexed AND TAX RELIEF RECONCILIATION wishing to submit written testimony monthly earnings of an individual who is as- ACT OF 2001 WITH RESPECT TO for the hearing record should send it to signed a social security account number on ADOPTION CREDIT AND ADOPTION ASSISTANCE PROGRAMS. the Committee on Energy and Natural or after the date of enactment of this Act, Resources, U.S. Senate, Washington, there shall not be counted any wages or self- Section 901 of the Economic Growth and employment income for which no quarter of Tax Relief Reconciliation Act of 2001 is DC 20510–6150, or by e-mail to, coverage may be credited to such individual amended by adding at the end the following [email protected]. as a result of the application of section new subsection: For further information, please con- 214(d).’’. ‘‘(c) EXCEPTION.—Subsection (a) shall not tact David Brooks at (202) 224–9863 or (3) EFFECTIVE DATE.—The amendments apply to the amendments made by section Rachel Pasternack at (202) 224–0883. made by this subsection shall be effective as 202 (relating to expansion of adoption credit SUBCOMMITTEE ON WATER AND POWER of the date of enactment of this Act. and adoption assistance programs).’’. Mr. BINGAMAN. Mr. President, I SA 2359. Mr. COLEMAN proposed an would like to announce for the infor- amendment to amendment SA 2327 pro- SA 2363. Ms. LANDRIEU proposed an mation of the Senate and the public amendment to amendment SA 2362 proposed by Mr. KENNEDY to the bill H.R. that a hearing has been scheduled be- 2669, to provide for reconciliation pur- posed by Mr. DEMINT to the amend- fore the Subcommittee on Water and suant to section 601 of the concurrent ment SA 2327 proposed by Mr. KENNEDY Power of the Committee on Energy and resolution on the budget for fiscal year to the bill H.R. 2669, to provide for rec- Natural Resources. The hearing will be 2008; as follows: onciliation pursuant to section 601 of held on July 26, 2007, at 2:30 p.m. in the concurrent resolution on the budg- At the end, add the following: room 366 of the Dirksen Senate Office et for fiscal year 2008; as follows: Building in Washington, DC. SEC. lll. INNOCENT CHILD PROTECTION. (a) IN GENERAL.—It shall be unlawful for Strike all after the first word and insert: The purpose of the hearing is to re- any authority, military or civil, of the It is the sense of the Senate that Congress ceive testimony on the following bills: United States, a State, or any district, pos- should permanently extend the adoption tax S. 300, to authorize appropriations for session, commonwealth or other territory credit and eliminate wasteful spending, such the Bureau of Reclamation to carry under the authority of the United States, to as spending on unnecessary tax loopholes, in out the Lower Colorado River Multi- carry out a sentence of death on a woman order to fully offset the cost and avoid forc- Species Conservation Program in the while she carries a child in utero. ing taxpayers to pay substantially more in- States of Arizona, California, and Ne- (b) DEFINITION.—In this section, the term terest to foreign creditors; and that such re- vada, and for other purposes; S. 1258, to ‘‘child in utero’’ means a member of the spe- lief should be provided on an appropriate leg- cies homo sapiens, at any stage of develop- islative vehicle that won’t jeopardize legisla- amend the Reclamation Safety of ment, who is carried in the womb. tion providing greater access and afford- Dams Act of 1978 to authorize improve- ability to higher education for millions of ments for the security of dams and SA 2360. Mr. GRAHAM proposed an students by subjecting the bill to a ‘‘blue other facilities; S. 1477, to authorize amendment to amendment SA 2327 pro- slip’’ by the House. the Secretary of the Interior to carry posed by Mr. KENNEDY to the bill H.R. out the Jackson Gulch rehabilitation 2669, to provide for reconciliation pur- SA 2364. Mr. KERRY proposed an project in the State of Colorado; S. suant to section 601 of the concurrent amendment to amendment SA 2353 sub- 1522, to amend the Bonneville Power resolution on the budget for fiscal year mitted by Mr. KYL to the amendment Administration portions of the Fish- 2008; as follows: SA 2327 proposed by Mr. KENNEDY to eries Restoration and Irrigation Miti- Strike section 701 of the Higher Education the bill H.R. 2669, to provide for rec- gation Act of 2000 to authorize appro- Access Act of 2007, relating to student eligi- onciliation pursuant to section 601 of priations for fiscal years 2008 through bility. the concurrent resolution on the budg- 2014, and for other purposes; and H.R. et for fiscal year 2008; as follows: 1025, to authorize the Secretary of the SA 2361. Mr. SCHUMER proposed an Interior to conduct a study to deter- Strike all after the first word and insert: amendment to amendment SA 2341 sub- mine the feasibility of implementing a mitted by Mr. SUNUNU to the amend- It is the sense of the Senate that Congress water supply and conservation project ment SA 2327 proposed by Mr. KENNEDY should provide relief from the Alternative Minimum Tax to prevent the expansion of to improve water supply reliability, in- to the bill H.R. 2669, to provide for rec- crease the capacity of water storage, onciliation pursuant to section 601 of the AMT to nearly 23 million taxpayers in 2007 and eliminate wasteful spending, such as and improve water management effi- the concurrent resolution on the budg- spending on unnecessary tax loopholes, in ciency in the Republican River Basin et for fiscal year 2008; as follows: order to fully offset the cost of such repeal between Harlan County Lake in Ne- In the amendment strike all after the first and avoid forcing taxpayers to pay substan- braska and Milford Lake in Kansas. word and insert the following: tially more interest to foreign creditors; and Because of the limited time available It is the sense of the Senate that Congress that such relief should be provided on an ap- for the hearing, witnesses may testify should provide tax relief to help families af- propriate legislative vehicle that won’t jeop- ford the cost of higher education, including ardize legislation providing greater access by invitation only. However, those making tuition deductible against taxes, and and affordability to higher education for wishing to submit written testimony eliminate wasteful spending, such as spend- millions of students by subjecting the bill to for the hearing record should send it to ing on unnecessary tax loopholes, in order to a ‘‘blue slip’’ by the House. the Committee on Energy and Natural

VerDate Aug 31 2005 08:12 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.114 S19JYPT1 cnoel on PRODPC60 with SENATE_CN S9642 CONGRESSIONAL RECORD — SENATE July 19, 2007 Resources, U.S. Senate, Washington, The purpose of this meeting will be The PRESIDING OFFICER. Without DC 20510–6150, or by e-mail to to consider and approve the following objection, it is so ordered. [email protected]. bills: S. 1492, S. 1769, S. 1780, S. 1582, S. COMMITTEE ON THE JUDICIARY For further information, please con- 1771, S. 1778, and to consider nomina- Mr. CARDIN. Mr. President, I ask tact Michael Connor at (202) 224–5479 or tions for promotion in the United unanimous consent that the Com- Gina Weinstock at (202) 224–5684. States Coast Guard (PN 609 and PN mittee on the Judiciary be authorized f 610). to meet to conduct a markup on Thurs- The PRESIDING OFFICER. Without AUTHORITY FOR COMMITTEES TO day, July 19, 2007, at 10 a.m. in Dirksen objection, it is so ordered. MEET room 226. COMMITTEE ON ENERGY AND NATURAL COMMITTEE ON BANKING, HOUSING, AND URBAN RESOURCES Agenda AFFAIRS Mr. CARDIN. Mr. President, I ask I. Bills: S. 1145, Patent Reform Act of Mr. CARDIN. Mr. President, I ask unanimous consent that the Com- 2007 (Leahy, Hatch, Schumer, Cornyn, unanimous consent that the Com- mittee on Energy and Natural Re- Whitehouse), S. l, School Safety and mittee on Banking, Housing, and sources be authorized to hold a hearing Law Enforcement Improvements Act Urban Affairs be authorized to meet during the session of the Senate on (Chairman’s mark); S. 1060, Recidivism during the session of the Senate on Thursday, July 19, 2007, at 9:45 a.m. in Reduction & Second Chance Act of 2007 July 19, 2007, at 9:30 a.m., to conduct a room SD–366 of the Dirksen Senate Of- (Biden, Specter, Brownback, Leahy, vote on the nominations of the Honor- fice Building. Kennedy, Schumer, Whitehouse, Dur- able Bijan Rafiekian, of California, to The purpose of this hearing is to re- bin). be a Member of the Board of Directors ceive testimony on S. 1634, a bill to im- II. Nominations: William Lindsay of the Export-Import Bank of the plement further the act approving the Osteen, Jr. to be United States District United States; Ms. Diane G. Farrell, of Covenant to Establish a Common- Judge for the Middle District of North Connecticut, to be a Member of the wealth of the Northern Mariana Islands Carolina; Martin Karl Reidinger to be Board of Directors of the Export-Im- in Political Union with the United United States District Judge for the port Bank of the United States; Mr. States of America, and for other pur- Western District of North Carolina; William Herbert Heyman, of New York, poses. Timothy D. DeGiusti to be United to be a Director of the Securities Inves- The PRESIDING OFFICER. Without States District Judge for the Western tor Protection Corporation; Mr. Wil- objection, it is so ordered. District of Oklahoma; Janis Lynn liam S. Jasien, of Virginia, to be a Di- COMMITTEE ON FINANCE Sammartino to be United States Dis- rector of the Securities Investor Pro- Mr. CARDIN. Mr. President, I ask trict Judge for the Southern District of tection Corporation; and Mr. Mark S. unanimous consent that the Com- California; Roslynn Renee Mauskopf to Shelton, of Kansas, to be a Director of mittee on Finance be authorized to be United States District Judge for the the Securities Investor Protection Cor- meet during the session of the Senate Eastern District of New York; Joe W. poration. Immediately following the on Thursday, July 19, 2007, at 2:15 p.m., Stecher to be United States Attorney vote, the Committee will conduct a in room 215 of the Dirksen Senate Of- for the District of Nebraska; and Rosa hearing on ‘‘The Semiannual Monetary fice Building, to hear testimony on Emilia Rodriguez-Velez to be United Policy Report to the Congress.’’ ‘‘Aviation Financing: Industry Per- States Attorney for the District of The PRESIDING OFFICER. Without Puerto Rico. objection, it is so ordered. spectives.’’ The PRESIDING OFFICER. Without III. Resolutions: S. Res. 248, Honoring COMMITTEE ON BANKING, HOUSING, AND URBAN objection, it is so ordered. the life and achievements of Dame Lois AFFAIRS Browne Evans (Brown); S. Res. 236, COMMITTEE ON FOREIGN RELATIONS Mr. CARDIN. Mr. President, I ask Supporting the goals and ideals of the Mr. CARDIN. Mr. President, I ask unanimous consent that the Com- National Anthem Project (Bayh, Craig, unanimous consent that the Com- mittee on Banking, Housing, and Kennedy, Cardin, Durbin); S. Res. 261, mittee on Foreign Relations be author- Urban Affairs be authorized to meet Honoring the educational contribu- ized to meet during the session of the during the session of the Senate on tions of Donald Jeffrey Herbert, ‘‘Mr. Senate on Thursday, July 19, 2007, at July 19, 2007, immediately following Wizard’’ (Coleman, Klobuchar, Fein- 10:30 a.m. to hold a hearing on Iraq. the first rollcall vote at 12 p.m., to con- gold, Durbin). duct a vote on the nominations of the The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Honorable Bijan Rafiekian, of Cali- objection, it is so ordered. objection, it is so ordered. COMMITTEE ON HOMELAND SECURITY AND fornia, to be a member of the Board of COMMITTEE ON THE JUDICIARY GOVERNMENTAL AFFAIRS Directors of the Export-Import Bank of Mr. CARDIN. Mr. President, I ask Mr. CARDIN. Mr. President, I ask the United States; Ms. Diane G. unanimous consent that the Senate unanimous consent that the Com- Farrell, of Connecticut, to be a Mem- Committee on the Judiciary be author- mittee on Homeland Security and Gov- ber of the Board of Directors of the Ex- ized to meet in order to conduct a hear- ernmental Affairs be authorized to port-Import Bank of the United States; ing entitled ‘‘Judicial Nominations’’ on meet on Thursday, July 19, 2007, at Mr. William Herbert Heyman, of New Thursday, July 19, 2007, at 2:45 p.m. in 10:30 a.m. in order to conduct a hearing York, to be a Director of the Securities Dirksen Senate Office Building room entitled ‘‘The Military’s Role in Dis- Investor Protection Corporation; Mr. 226. William S. Jaisen, of Virginia, to be a aster Response: Progress Since Hurri- Director of the Securities Investor Pro- cane Katrina.’’ Witness list tection Corporation; and Mr. Mark S. The PRESIDING OFFICER. Without Panel I: The Honorable Thad Coch- Shelton, of Kansas, to be a Director of objection, it is so ordered. ran, United States Senator [R-MS]; the Securities Investor Protection Cor- COMMITTEE ON INDIAN AFFAIRS The Honorable Trent Lott, United poration. Mr. CARDIN. Mr. President, I ask States Senator [R-MS]; The Honorable The PRESIDING OFFICER. Without unanimous consent that the Com- Patty Murray, United States Senator objection, it is so ordered. mittee on Indian Affairs be authorized [D-WA]; The Honorable Kay Bailey COMMITTEE ON COMMERCE, SCIENCE, AND to meet during the session of the Sen- Hutchison, United States Senator [R- TRANSPORTATION ate on Thursday, July 19, 2007, at 9:30 TX]; and The Honorable John Cornyn, Mr. CARDIN. Mr. President, I ask a.m. in room 485 of the Russell Senate United States Senator [R-TX]. unanimous consent that the Com- Office Building to conduct a business Panel II: Jennifer Walker Elrod to be mittee on Commerce, Science, and meeting to consider pending business, United States Circuit Judge for the Transportation be authorized to hold a to be followed immediately by a hear- Fifth Circuit. business meeting during the session of ing on discussion draft legislation to Panel III: Richard A. Jones to be the Senate on Thursday, July 19, 2007, amend and reauthorize the Native United States District Judge for the at 2:30 p.m., in room 253 of the Russell American Housing Assistance and Self- Western District of Washington; Senate Office Building. Determination Act. Sharion Aycock to be United States

VerDate Aug 31 2005 08:12 Jul 20, 2007 Jkt 059060 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.125 S19JYPT1 cnoel on PRODPC60 with SENATE_CN July 19, 2007 CONGRESSIONAL RECORD — SENATE S9643 District Judge for the Northern Dis- UNANIMOUS CONSENT ORDERS FOR FRIDAY, JULY 20, 2007 trict of Mississippi. AGREEMENT—H.R. 2638 Mr. REID. Madam President, I ask The PRESIDING OFFICER. Without Mr. REID. Madam President, I ask unanimous consent that when the Sen- objection, it is so ordered. unanimous consent that on Tuesday, ate completes its business today, it SELECT COMMITTEE ON INTELLIGENCE July 24, upon the disposition of S. 1642, stand adjourned until 10 a.m., Friday, Mr. CARDIN. Mr. President, I ask the Senate proceed to the consider- July 20; that on Friday, following the unanimous consent that the Select ation of H.R. 2638, the Homeland Secu- prayer and the pledge, the Journal of Committee on Intelligence be author- rity Appropriations Act. proceedings be approved to date, the ized to meet during the session of the The PRESIDING OFFICER. Without morning hour be deemed expired, and Senate on July 19, 2007 at 2:30 p.m. to objection, it is so ordered. the time of the two leaders reserved for hold a closed hearing. Mr. REID. I now ask unanimous con- their use later in the day; and there The PRESIDING OFFICER. Without sent that the cloture motion be with- then be a period of morning business, objection, it is so ordered. drawn. with Senators permitted to speak SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT The PRESIDING OFFICER. Without therein for up to 15 minutes each; that MANAGEMENT, THE FEDERAL WORKFORCE, objection, it is so ordered. during morning business, Senator DOR- AND THE DISTRICT OF COLUMBIA f GAN be recognized for up to 30 minutes. Mr. CARDIN. Mr. President, I ask The PRESIDING OFFICER. Without unanimous consent that the Com- MEASURE READ THE FIRST objection, it is so ordered. mittee on Homeland Security and Gov- TIME—H.R. 980 ernmental Affairs’ Subcommittee on Mr. REID. Madam President, I under- f Oversight of Government Management, stand that H.R. 980 has been received the Federal Workforce, and the Dis- from the House and is at the desk. I CORRECTION TO JOURNAL OF trict of Columbia be authorized to ask for its first reading. PROCEEDINGS meet on Thursday, July 19, 2007, at 2:30 The PRESIDING OFFICER. The Mr. REID. Madam President, I ask p.m. in order to conduct a hearing enti- clerk will report the bill by title for unanimous consent that the Journal of tled, Great Expectations: Assessment, the first time. proceedings be corrected to conform to Assurances, and Accountability of the The legislative clerk read as follows: the earlier agreement to vitiate the Mayor’s Proposal to Reform the Dis- A bill (H.R. 980) to provide collective bar- vote relative to amendment No. 2356. trict of Columbia Public School Sys- gaining rights for public safety officers em- The PRESIDING OFFICER. Without tem. ployed by States or their political subdivi- objection, it is so ordered. The PRESIDING OFFICER. Without sions. objection it is so ordered. Mr. REID. Madam President, I ask f f for its second reading but object to my own request. ADJOURNMENT TO FRIDAY, PRIVILEGES OF THE FLOOR The PRESIDING OFFICER. Objec- JULY 20, 2007, AT 10 A.M. Mr. HARKIN. Mr. President, on be- tion is heard. The bill will be read for Mr. REID. Madam President, if there half of Senator BINGAMAN, I ask unani- the second time on the next legislative is no further business to come before mous consent that Daniel Valenti, day. the Senate today, I ask unanimous Allie Weeda, Rebecca Anderson, and f consent that the Senate stand ad- Robyn Chavez be granted the privilege journed under the previous order. of the floor for the pendency of H.R. APPOINTMENTS There being no objection, the Senate, 2669, the Higher Education Act. The PRESIDING OFFICER. The at 12:52 a.m., adjourned until, Friday, The ACTING PRESIDENT pro tem- Chair, on behalf of the President pro July 20, 2007, at 10 a.m. pore. Without objection, it is so or- tempore, pursuant to Public Law 96– dered. 388, as amended by Public Law 97–84 f Mr. HARKIN. Mr. President, on be- and Public Law 106–292, appoints the half of myself, I ask unanimous con- following Senators to the United NOMINATIONS sent that Kristin Anderson and Evan States Holocaust Memorial Council for Executive nomination received by Jurkovich of my staff be granted the the 110th Congress: The Honorable RUS- the Senate July 19, 2007: privilege of the floor for the duration SELL D. FEINGOLD of Wisconsin (re- DEPARTMENT OF STATE of today’s session. appointment); The Honorable FRANK R. DAVID T. JOHNSON, OF GEORGIA, A CAREER MEMBER The ACTING PRESIDENT pro tem- LAUTENBERG of New Jersey (reappoint- OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- pore. Without objection, it is so or- ment); and The Honorable BERNARD COUNSELOR, TO BE AN ASSISTANT SECRETARY OF STATE (INTERNATIONAL NARCOTICS AND LAW ENFORCE- dered. SANDERS of Vermont (reappointment). MENT AFFAIRS), VICE ANNE W. PATTERSON.

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