Ted Kennedy

Mr. KENNEDY

Mr. KENNEDY. I will yield briefly, without losing my right to the floor, yes.

Mr. KENNEDY. We would have an amendment that would have border security and AgJOBS and the DREAM Act together, put in together, so we will deal with border issues but also recognize, if you are going to have a strong border, if we are going to keep out agricultural workers, that we have a major agricultural industry here, and we ought to accept AgJOBS which, I think at last count, has 66 cosponsors, Republicans and Democrats. Also, we have an emergency with that particular proposal. Also, look at those who are the most vulnerable people in this country, and those are the children who have been brought here through no fault of their own, trying to be a part of our system. Many of them are in the Armed Forces of our country. It is called the DREAM Act. The Senator from Illinois has been a prime sponsor. We think, with that combination, that will be much more responsive to the real challenges we are facing, both from a security point of view and from an economic point of view, an agricultural point of view and from a humane point of view.

Mr. KENNEDY. This, I believe, is the downpayment. I remind my friend, and then I will yield the floor: Enforcement alone will not do the job of securing our borders. Enforcement at the border will only be successful in the long term if it is coupled with a more sensible approach to the 10 to 12 million illegal aliens in the country today and the many more who will attempt to migrate to the United States for economic reasons. This is from the Coalition for Immigration Security. This is from a White House official charged with homeland security. This is a security issue, and we believe it is important. The final point I mention to my friend from New Hampshire is a key aspect of the DREAM Act is to encourage these young people to serve in the military. At a time when we have critical needs in the military, the opportunities for these young people to serve in the military will give a very important boost to the Armed Forces of the country, and that obviously is dealing with the security of the Nation.

Mr. KENNEDY

Mr. KENNEDY. Mr. President, today I am pleased to join my colleagues Senators Snowe, Rockefeller, Warner, and Cantwell in introducing the Unemployment Insurance Modernization Act, a bipartisan proposal to reform our unemployment insurance system. In today's troubled economy, too many working families are just one pink slip away from falling into poverty. The most recent recession hit workers particularly hard, wiping out millions of good jobs, many of which never came back. Today, almost 7 million Americans are unemployed. Fundamental shifts in the economy, including globalization and jobs being shipped overseas have caused declines in entire industries, with the result that large numbers are losing their long-time jobs and struggling to find new opportunities for work. But their options for new jobs are limited, and nearly one in six unemployed Americans are out of work for longer than 6 months. Another 1.5 million unemployed workers aren't even counted in the official unemployment statistics, because they have become frustrated and have given up their job search. The Federal Unemployment Insurance program was created in the Depression-era to help keep workers out of poverty between jobs. It has been a bedrock of security for working families in difficult times, providing much needed benefits to millions of workers each year. It has helped them pay the rent and put food on the table when they lose their job and face long periods of unemployment. It also has helped reduce economic fluctuations by building up a reserve of funds in good economic times that can be used as a cushion to soften the blow of job losses during recessions. The problem is that the current unemployment insurance system has not kept pace with the changing economy and left millions of Americans without benefits. In 2006, just 35 percent of unemployed Americans received unemployment benefits. In addition, today's much more mobile workforce means that employees are now at greater risk of suffering unemployment. These problems particularly affect low-wage workers. According to the Government Accountability Office, low-wage workers are only half as likely to receive UI benefits as other unemployed workers, even though low-wage workers are twice as likely to be unemployed. Modernizing unemployment insurance cannot single-handedly overcome all of the economic challenges facing our Nation, but it's a critical step in dealing with the hardships so many working families are facing. The current unemployment insurance program was designed as a partnership between states and the Federal Government. States are given extraordinary flexibility to tailor the program's benefits to their unique situations, and many of them have been the laboratories of democracy in improving their unemployment insurance systems. Their experiments have often been successful in making the system more responsive to workers' needs. Some have improved coverage for low-wage and part-time workers. Others have made their systems more family-friendly, or have helped dislocated workers expand their skills through training. Our Unemployment Insurance Modernization Act builds on these successes by offering States strong financial incentives to adopt the best of the new programs. First, the bill encourages States to cover more low-wage workers. In 30 states, many unemployed low-wage workers are not eligible for UI benefits because their most recent earnings are not counted. But failure to count these earnings may deny benefits altogether to some workers, and reduces the amount that many other workers receive. Our bill provides incentives for States to fix this unfair practice. Changing family life has also left many workers unable to collect unemployment benefits. Today, two-wage earner families are the norm, not the exception. When a parent moves to a different city to take a new job, the spouse usually has to quit work as well to keep their family together. But spouses cannot collect unemployment benefits in most States, nor can victims of domestic violence, if they have to leave work to find safety elsewhere, out of reach of their abuser. Our legislation encourages States to provide benefits in these cases as well. In addition to expanding the eligibility for benefits, our bill also supports state efforts to reemploy workers laid off by declining industries. Currently, the Trade Adjustment Assistance Program offers retraining benefits to some workers directly affected by trade, so that they can learn new skills and find worthwhile jobs in other industries. But employees who are only indirectly affected by trade often receive no benefits. Our bill helps close that gap by encouraging States to offer additional benefits to unemployed workers attending State- approved training programs. Finally, our legislation provides needed funds to States to manage their unemployment insurance programs and reach out to workers. Many States are now forced to shut their unemployment offices because they can't afford to keep them open, leaving unemployed workers without any counseling to find new work or learn about the benefits available to them. These employment offices also provide a way for other programs, such as Trade Adjustment Assistance, to reach out to affected workers. The Unemployment Insurance Modernization Act will provide greater security to countless working families who are being left in the cold today. It will help long-term unemployed workers get the training they need to find new jobs. It will give States the resources and flexibility they need to revitalize their programs and serve working families more effectively. I commend my colleagues on both sides of the aisle who are joining to introduce this important legislation. We all agree that now is the time for these reforms. In the global economy, it is more urgent than ever for every American worker to be able to contribute to the economy. To achieve that goal, we need to make sure that all unemployed workers have the support they need to get back on their feet and rejoin the workforce. Our future prosperity depends on it.

Mr. KENNEDY

Mr. KENNEDY. Mr. President, today I am pleased to join my colleagues Senators Snowe, Rockefeller, Warner, and Cantwell in introducing the Unemployment Insurance Modernization Act, a bipartisan proposal to reform our unemployment insurance system. In today's troubled economy, too many working families are just one pink slip away from falling into poverty. The most recent recession hit workers particularly hard, wiping out millions of good jobs, many of which never came back. Today, almost 7 million Americans are unemployed. Fundamental shifts in the economy, including globalization and jobs being shipped overseas have caused declines in entire industries, with the result that large numbers are losing their long-time jobs and struggling to find new opportunities for work. But their options for new jobs are limited, and nearly one in six unemployed Americans are out of work for longer than 6 months. Another 1.5 million unemployed workers aren't even counted in the official unemployment statistics, because they have become frustrated and have given up their job search. The Federal Unemployment Insurance program was created in the Depression-era to help keep workers out of poverty between jobs. It has been a bedrock of security for working families in difficult times, providing much needed benefits to millions of workers each year. It has helped them pay the rent and put food on the table when they lose their job and face long periods of unemployment. It also has helped reduce economic fluctuations by building up a reserve of funds in good economic times that can be used as a cushion to soften the blow of job losses during recessions. The problem is that the current unemployment insurance system has not kept pace with the changing economy and left millions of Americans without benefits. In 2006, just 35 percent of unemployed Americans received unemployment benefits. In addition, today's much more mobile workforce means that employees are now at greater risk of suffering unemployment. These problems particularly affect low-wage workers. According to the Government Accountability Office, low-wage workers are only half as likely to receive UI benefits as other unemployed workers, even though low-wage workers are twice as likely to be unemployed. Modernizing unemployment insurance cannot single-handedly overcome all of the economic challenges facing our Nation, but it's a critical step in dealing with the hardships so many working families are facing. The current unemployment insurance program was designed as a partnership between states and the Federal Government. States are given extraordinary flexibility to tailor the program's benefits to their unique situations, and many of them have been the laboratories of democracy in improving their unemployment insurance systems. Their experiments have often been successful in making the system more responsive to workers' needs. Some have improved coverage for low-wage and part-time workers. Others have made their systems more family-friendly, or have helped dislocated workers expand their skills through training. Our Unemployment Insurance Modernization Act builds on these successes by offering States strong financial incentives to adopt the best of the new programs. First, the bill encourages States to cover more low-wage workers. In 30 states, many unemployed low-wage workers are not eligible for UI benefits because their most recent earnings are not counted. But failure to count these earnings may deny benefits altogether to some workers, and reduces the amount that many other workers receive. Our bill provides incentives for States to fix this unfair practice. Changing family life has also left many workers unable to collect unemployment benefits. Today, two-wage earner families are the norm, not the exception. When a parent moves to a different city to take a new job, the spouse usually has to quit work as well to keep their family together. But spouses cannot collect unemployment benefits in most States, nor can victims of domestic violence, if they have to leave work to find safety elsewhere, out of reach of their abuser. Our legislation encourages States to provide benefits in these cases as well. In addition to expanding the eligibility for benefits, our bill also supports state efforts to reemploy workers laid off by declining industries. Currently, the Trade Adjustment Assistance Program offers retraining benefits to some workers directly affected by trade, so that they can learn new skills and find worthwhile jobs in other industries. But employees who are only indirectly affected by trade often receive no benefits. Our bill helps close that gap by encouraging States to offer additional benefits to unemployed workers attending State- approved training programs. Finally, our legislation provides needed funds to States to manage their unemployment insurance programs and reach out to workers. Many States are now forced to shut their unemployment offices because they can't afford to keep them open, leaving unemployed workers without any counseling to find new work or learn about the benefits available to them. These employment offices also provide a way for other programs, such as Trade Adjustment Assistance, to reach out to affected workers. The Unemployment Insurance Modernization Act will provide greater security to countless working families who are being left in the cold today. It will help long-term unemployed workers get the training they need to find new jobs. It will give States the resources and flexibility they need to revitalize their programs and serve working families more effectively. I commend my colleagues on both sides of the aisle who are joining to introduce this important legislation. We all agree that now is the time for these reforms. In the global economy, it is more urgent than ever for every American worker to be able to contribute to the economy. To achieve that goal, we need to make sure that all unemployed workers have the support they need to get back on their feet and rejoin the workforce. Our future prosperity depends on it.

Mr. KENNEDY

Mr. KENNEDY. Mr. President, parliamentary inquiry: I ask for the yeas and nays both on my amendment and on final passage. I ask that it be in order now. I ask also unanimous consent that the yeas and nays on the Coburn amendment be vitiated.

Mr. KENNEDY. So the first amendment vote will be at 12:20. It will be on the Kennedy amendment. Is that correct? And following that, the vote will be on final passage.

Mr. KENNEDY. Mr. President, the Senator from Wyoming is typically thoughtful and gracious about his staff and mine as well. As I said, I will include in the Record the wonderful work of all of the other staff. Mr. President, I ask unanimous consent that following the second vote, the Senate then recess for the party conferences.

Mr. KENNEDY. Mr. President, I understand there will not be final action on any of this legislation except for the final two votes. Am I correct on that?

Mr. KENNEDY. Mr. President, I would suggest the absence of a quorum.

Mr. KENNEDY. I withhold.

Mr. KENNEDY. The Senator is correct. We have one procedural matter we have to address, but then we will have the two votes.

Mr. KENNEDY. No time.

Mr. KENNEDY. Mr. President, I have a modification to my amendment that is at the desk, and I ask unanimous consent that the amendment be modified.

Mr. KENNEDY. Mr. President, I also ask unanimous consent that the Senator from Oklahoma, Senator Coburn, be added as a cosponsor of the amendment at this time.

Mr. KENNEDY. Mr. President, this amendment gives the assurance to our colleagues here in the Senate that over the evening we were able to work with Senator Coburn and to take into consideration his concerns to do this in a way which I think is consistent with our legislation. I am very pleased the Senator from Oklahoma and I, and Senator Enzi, were able to come to agreement on this amendment. We all agree that universities should not be using Federal money for lobbying. That is why our amendment bans it. We all agree that Federal student aid should not be used to secure an earmark. That is why our amendment bans it. We all agree there should be a mechanism to ensure that these rules are being followed, and that is why our amendment requires colleges to certify they are following the rules. This amendment will keep the Federal funds from being used for lobbying while maintaining the ability of colleges to engage in appropriate communications with Government officials. It will allow preeminent research scientists to communicate with the NIH about cancer research; it will allow meteorologists to advise Homeland Security on better ways to predict and prepare for imminent natural disasters; and it will allow scientists to convey to the Department of Defense the latest advances in armor and other protections for our troops. This amendment strikes a good balance between prohibiting the inappropriate use of Federal student aid dollars while keeping the door open for colleges and employees and officials to communicate with Government in other important matters. That is what our amendment does, so I am pleased we could come up with an agreement, and I thank the Senator for his concern and for his cooperation.

Mr. KENNEDY. Mr. President, I am going to ask for the yeas and nays on my amendment.

Mr. KENNEDY. Mr. President, as I understand, we have 20 minutes, and I want to give notice to our colleagues there will be two votes. There will be the vote on this perfecting amendment, which has been introduced by myself and Senator Coburn and others, and then the final passage. That will be in approximately, I don't know, 15 or 17 minutes. How much time remains?

Mr. KENNEDY. Mr. President, I will make some concluding comments, and I ask the Chair to let me know when there is 1 minute left, if the Chair would be so kind. The Declaration of Independence proclaimed that we are all created equal. Our Constitution demands that we promote the general welfare. The words carved above the entrance to the Supreme Court are ``Equal Justice Under Law.'' There is nothing more basic to who we are as Americans than those immortal words that lie at the foundation of our democracy, in that everyone counts, everyone matters, and everyone has a role to play in our society. From our earliest days as a nation, education has been the mainstay of our society and the engine of the American dream. Our Nation's Founders knew that an educated citizenry would strengthen our land and build up the values and character that make us Americans. They invested in education because they looked to the future and saw an even greater America over the growing horizon. We looked forward when we passed the GI bill, and it allowed service men and women coming back from the Second World War to get a college education. They became the greatest generation. The GI bill produced 67,000 doctors, 91,000 scientists, 238,000 teachers, and 450,000 engineers. It funded the education of three Presidents, three Supreme Court Justices, and about a dozen Senators who served in this Chamber. That is the kind of vision we have had in America when it comes to education, and it is our vision today as we reclaim our destiny and invest once again in the next generation. In these past few days, we have made a new promise to American students and families--a promise to invest more as a nation, to ensure that all of our young people--and we mean all--regardless of background, get the education they deserve and the training they need to succeed in today's global economy. We have pledged here in the Senate that it doesn't matter where you are from; what matters is where you are going. No American should be denied the right to go to college because of money. Last week, we showed this commitment again when we made another new promise to students, providing them with the largest new investment in student aid since the GI bill. We increased the Pell grants. We provided relief for student loans by saying your monthly payments will never exceed 15 percent of your monthly income. We said: If you become a teacher, a firefighter, or enter other public service jobs, your loans will be forgiven after 10 years. The bill before us brings about other key reforms that will make college more affordable to young Americans. Our legislation will take steps to ensure that the student loan system is working in the best interest of students by pursuing needed ethic reforms in the student loan industry. It will simplify the Federal financial aid application and delivery process to ensure that a complex system does not work as a barrier to access for low-income students. It demands that colleges do their part to keep college costs down. If we do our part to provide needed student aid, they must do their part to keep their tuition and fees reasonable. It will reform and improve our teacher preparation system. Teachers are the backbone of our K-12 education system and this bill will promote high-quality teacher preparation programs and help recruit and retain high-quality teachers in high-need schools. I thank all my colleagues, and in particular all the colleagues on the committee for the work they put in on this legislation. I especially thank Mike Enzi, our ranking member, for all his leadership on this bipartisan legislation. This has been in the works for over 2 years--close to 2 years. I thank all the staff who have worked so hard over the past months to make this happen. I want to personally mention those who have worked so hard on my staff. I would like to thank Michael Myers, who does a great job on all of the undertakings of our committee, and I am enormously grateful for his leadership and his friendship. I would like to thank Carmel Martin and J.D. LaRock, Missy Rohrbach, Nick Bath, Erin Renner, Emma Vadehra, David Johns, Raquel Alvarenga, Liz Maher, Jennifer Fay, Ches Garrison, Dave Ryan, Jay McCarthy, Lily Clark, Patrick Flaherty, and Brendan Gants. As we mentioned, this has been a bipartisan effort, and I would also like to thank Senator Enzi's wonderful staff. Senator Enzi pointed out that they have worked very well and closely together, as we have seen over the course of the year. This is a major undertaking, and to be able to get this kind of joint effort on it has been a great tribute to all of those who have worked so hard. These staff members make such a difference to Senator Enzi, and they have to me: Katherine McGuire, Ilyse Schuman, Greg Dean, Beth Buehlmann, Ann Clough, Adam Briddell, Lindsay Hunsicker, and Kelly Hastings. I would also like to thank MaryEllen McGuire, Sean Maher and Roger Hollingsworth of Senator Dodd's staff; Rob Barron of Senator Harkin's staff; Robin Juliano of Senator Mikulski's staff; Michael Yudin of Senator Bingaman's staff; Kathryn Young of Senator Murray's staff; Seth Gerson of Senator Reed's staff; Mildred Otero of Senator Clinton's staff; Steve Robinson of Senator Obama's staff; Huck Gutman of Senator Sanders' staff; Will Jawando of Senator Brown's staff. I would like to thank especially Senator Conrad and his terrific staff who have worked with us on these bills: Mary Naylor, Joan Huffer, Robin Hiestand, and Lisa Konwinski. I would also like to thank David Cleary of Senator Alexander's staff; Allison Dembeck of Senator Gregg's staff; Celia Sims of Senator Burr's staff; Glee Smith of Senator Isakson's staff; Karen McCarthy of Senator Murkowski's staff; Juliann Andreen of Senator Hatch's staff; Suzanne Singleterry of Senator Allard's staff; Alison Anway of Senator Roberts' staff; and Matt Blackburn of Senator Coburn's staff, all of whom put in many hours making both of these bills a reality. I would also like to thank the Parliamentarian, Alan Frumin, and Assistant Parliamentarians Elizabeth MacDonough, Peter Robinson, and Leigh Hildebrand for their assistance throughout the process. I would like to thank Paul Cullinan at the Congressional Budget Office, and his extremely knowledgeable and capable team--Deborah Kalcevic and Justin Humphrey--for working late nights and through the weekends to model and estimate the budgetary effects of the complex provisions in this bill. I thank them for their tireless dedication and commitment to understanding the intricacies of the law. I would also like to thank Mark Koster, Kristin Romero, and Amy Gaynor in the Senate Legislative Counsel's office, who also worked many long hours to assist the committee in drafting the language and working out the technical issues in the bill. Finally I would like to thank the members of the education team at the Congressional Research Service--Adam Stoll, Charmaine Mercer, Jeff Kuenzi, and Dave Smole whose expertise was invaluable throughout this process. This legislation received unanimous bipartisan support in the committee, and I hope it will see the same broad support today. We know education is the real key to opportunity. This legislation reflects that knowledge. It is a commitment I believe we must make to ensure educational opportunity to each and every young person in this country. I urge the Senate to approve this important legislation. Our students deserve nothing less. I reserve the remainder of my time.

Mr. KENNEDY. I see the Senator from Tennessee--if he would like to make use of my last minute to talk about education. He is a former Secretary of Education. He has been very much involved in education policy. If he would like to say a word to conclude our discussion?

Mr. KENNEDY

Mr. KENNEDY. Mr. President, I am going to urge that the Senate accept the Senator's amendment. It has been a number of years since our HELP Committee got into looking at the foreign medical schools, as the Senator pointed out. I think there are a number that are exceptional and incredibly good. Others are moderately good, and there are others that don't pass muster. It is, I think, useful to get that kind of information. We have a health care crisis. Personnel is a key aspect of the health care crisis. We have a concern about what the specialties are in different areas in this country. The amendment the Senator is offering is going to help us understand what is happening with these foreign medical schools. The amount of financial aid they receive--we ought to be updated on that. We ought to know the percentage of students that are going to pass that exam. We ought to know what specialties they are moving into and where they are practicing, the types of medicine they are practicing; that is exceedingly important and useful. The Senator has other references in here, too, in terms of the number of times to take the exam and medical licenses that are revoked. I think it would provide important information, certainly, for our committee. We ought to have an update of information on what is happening. Also, I think it is important for the American taxpayer to understand what is happening as well, in terms of this kind of investment, so I thank the Senator. This is an important area. We have, as the Senator knows, programs to provide medical personnel--this is related but not directly on subject--in underserved areas in the United States, which has worked quite well. That is not the target of this particular program. But it is important that we have this kind of information. It will be useful for our HELP Committee to have it. So I hope the Senate will accept it. I thank the Senator for raising this issue. I think it is useful and important. We hope we can persuade our House Members to accept it at the appropriate time as well.

Mr. KENNEDY. Mr. President, I move to reconsider the vote.

Mr. KENNEDY. Mr. President, I think we are prepared to accept the Akaka amendment, if there is no further debate.

Mr. KENNEDY. Mr. President, I move to reconsider the vote.

Mr. KENNEDY. I move to lay that motion on the table. The motion to lay on the table was agreed to.