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 de- al-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 in- appropriate. 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 unlaw- ful 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 fol- lowing: 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 num- bered 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, pursu- it 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 re- quirements 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 un- less 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 stu- dents 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 in- terest 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 pro- ject 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 rec- over 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.

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