Ted Kennedy

Mr. KENNEDY

Mr. KENNEDY. I would be glad to take it if the Senator from Tennessee wanted a voice vote. I am glad to take it. If he insists on a rollcall, then we will necessitate a rollcall on our side. But I would be glad to voice vote it if the Senator from Tennessee wants to do that.

Mr. KENNEDY. Madam President, as I understand, the time has expired.

Mr. KENNEDY. I move to reconsider the vote.

Mr. KENNEDY. Madam President, we are going to have, in a moment, the Alexander amendment. This is an option which I hope the Senate will accept. The Alexander amendment would undermine our civil rights laws. The Alexander amendment would cut the EEOC's budget at a time when they have reported a 9-percent increase in the charges of discrimination. We should be giving the EEOC more money to fight the problem, not less. In addition, the kinds of cases the Senator from Tennessee opposes are extremely rare. The EEOC filed only 29 suits in the past 11 years involving English-only policies, and only when speaking English was unnecessary to do the job. If we want to fund English literacy--and I favor that we should do it--we should do so, but not by harming the EEOC's ability to fight discrimination. So my amendment provides the needed support for English language education, and funds it across the board for the cut, without harming the EEOC's ability to fight discrimination. Madam President, this is amendment No. 4350.

Mr. KENNEDY

Mr. KENNEDY. Mr. President, I strongly support the amendment offered by Senator Sanders. Budgets are vital documents that reflect our national priorities, and few things are more important than ensuring the health and well-being of all our Nation's children. Yet for the past 7 years, we have been moving in the wrong direction. Thirteen million American children now live in poverty, an increase of 12 percent since the year 2000. Democrats have worked hard to support struggling families, especially in these difficult economic times, but we have not done enough. This amendment helps to fill the gap. Federal investments in early childhood education and care are especially important in reducing the effects of poverty. The facts are clear. Early education unquestionably helps children achieve at higher levels when they enter school. Children from low-income families who participate in high-quality early childhood education have to repeat fewer grades. They are less likely to require special education, less likely to commit crimes, and less likely to be dependent on public assistance. Despite these compelling facts, the United States ranks 9th among 14 developed countries in public investments in early education. Only 14 percent of eligible American families have access to quality child care for their children, and half of our neediest children still lack access to Head Start. The Sanders amendment brings greater opportunities for high-quality early education for the children who need it most. It provides an additional $5 billion for Head Start to carry out the reforms enacted last year. It supports programs offering needed transportation services to children and families, provides cost of living increases to program staff, enables programs to offer full-day, full year services, and provides other essential support as well--such as mental health services for young children and their families. The Sanders amendment also provides an additional $4 billion for the Child Care Development Block Grant, to reduce the shortfall in child care assistance across the nation and improve the quality of such care. With these additional funds, overwhelmed parents will be better able to balance their child care obligations with their jobs, and make sure that their children have a safe place to go after school. The funds will also mean better training and support for child care workers, and strengthen coordination among federal, state and local programs. We also need to do more to see that children have a safe and satisfactory environment to learn. Many schools across the country today are crumbling from disrepair, which creates a discouraging, inadequate environment for learning. The backlog on repairs is now estimated at $100 billion, and we can't afford to ignore it. This amendment makes a down payment on rebuilding the schools by authorizing $3 billion to begin the most urgently needed repairs. Another key issue is the home heating crisis, which is also putting countless children across the country at unacceptable risk. They can't grow and develop normally if their homes are too cold, and their families can't even afford the fuel to cook their food. LIHEAP--the Low Income Home Energy Assistance Program--was intended to help families in need pay their energy bills, but it has never been fully funded. Too many families are left out of the program, and left in the cold. The funds in this amendment will support millions of additional households, and bring vital assistance to those in need. Finally, the amendment provides funds to expand the Food Stamp Program. In these difficult economic times, more and more Americans are struggling to put food on their table. Thirty-five million Americans live in hunger or on the verge of hunger, an increase of nearly 2 million under the Bush administration. One in every six children struggle with hunger in the United States each year. How can we let that happen in the richest country in the world? The Food Stamp Program has long provided vital support for low-income families. It improves their children's diet, their children's health, and their children's performance in school. The Sanders amendment will bring millions of additional families into the program, and give millions more children the chance for a brighter future. Investing in our Nation's children is the best money we can spend. The Sanders amendment provides the funds we need to truly start fulfilling our commitment to America's children. Amendment No. 4209

Mr. KENNEDY

Mr. KENNEDY. Mr. President, all of us are deeply saddened with the loss of an extraordinary Senator and a great human being: Howard Metzenbaum. We extend our condolences to Shirley and to the members of the Metzenbaum family. He truly was the conscience of the Senate for so many years. This is an institution made up of 100 individuals, and all of us wonder whether any of us can make much of a difference in a group of 100. But history will show that Howard Metzenbaum made an extraordinary difference in this institution and for the working men and women of this country whom he championed. He was an unabashed champion for those who were left out and left behind. So often their interests and their well-being are forgotten, but they never were when Howard Metzenbaum served in this institution. Reference has been made to one of the great battles, among the many he fought, and that was on this issue of the deregulation of natural gas. Howard and Jim Abourezk and a few of us were interested in that issue. We were following the leadership of Howard Metzenbaum. He absolutely infuriated every Member of this body as he kept us here day and night, day and night, rollcall after rollcall, but he would not give up, and he would not give in. All of the Members were in an uproar, until finally a solution was reached and the Senate went in adjournment. As Senator Metzenbaum walked out on the Senate steps, Senator after Senator came up and congratulated him. They all were expressing a viewpoint that was unsaid, but they were basically saying beneath their breath that they hoped they could be the champion for their interests as Howard Metzenbaum was a champion for the interests of working men and women in this country. Howard could scold, he could hassle, he could provoke, he could cajole, but he also could smile and he could joke. He had a warm heart and a brilliant mind. He was a Senator's Senator. He will be greatly missed, but he will be greatly remembered as well for his service to this institution, which he loved, and for the people of Ohio, whom he served so nobly.

Mr. KENNEDY

Mr. KENNEDY. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 351, S. 1027; the bill be read a third time and passed, and the motion to reconsider be laid upon the table, with no intervening action or debate.

Mr. KENNEDY

Mr. KENNEDY. Mr. President, as we all know, the Federal budget is a statement of the Nation's priorities. I want to commend my good friend from North Dakota who chairs the Budget Committee for setting the right priorities for America in this budget resolution. Our Nation is enduring profound changes as we adapt to the global economy. It seems like every day there is more bad economic news. Savings are falling and debt is rising. Americans now collectively owe more than $900 billion in credit card debt. Foreclosures are skyrocketing: 200,000 families each month are at risk of losing their homes. Bankruptcies soared by 40 percent last year, and are expected to rise even more this year. Entire industries are disappearing, leaving workers and communities devastated in their wake. And unemployment is up and going higher. And there is more bad news for America's working families. Now, for the first time in 5 years, we have seen job losses for 2 months in a row, a sure sign that the economy is headed for a recession. Employers cut 63,000 jobs in February, the worst job losses since March 2003. And it is only likely to get worse. Economists foresee a significant unemployment problem for at least the next 2 years. Goldman Sachs has predicted that the national unemployment rate will rise to 6.5 percent by the end of 2009. Many States around the country are already struggling with high unemployment. Michigan's unemployment rate is 7.6 percent. South Carolina's is 6.6 percent. Ohio just hit the 6 percent mark as well. And workers who lose their jobs are having more and more trouble finding work. Today, roughly 18 percent of unemployed workers have been looking for a job for more than 26 weeks, compared to only 11 percent before the last recession. That is a dramatically higher level of long- term unemployment, and it is a deeply troubling sign. These aren't just statistical trends or indicators. Every bad number reflects a real hardship in people's lives. For these workers and their families, a recession isn't just part of the business cycle; it is a life-altering event from which they may never recover. With this kind of uncertain economic future, we need a budget that puts a priority on stimulating the economy and giving hardworking Americans the support they need to weather the storm. If we want an economic recovery that works--if we want real opportunity and sustainable growth--that effort must start and end with working families. This budget sets the right priorities to address these challenges. I commend Senator Conrad for including room in the budget for a second stimulus package. This will allow us to take what Democrats know is the right path during a recession, putting working people's needs first. That means extending unemployment insurance benefits for the long-term unemployed, increasing food stamp benefits, and providing State fiscal relief. This budget further aids those caught up in the economic downturn by setting aside funds that can be used for unemployment insurance modernization, a much needed reform to our social safety net. Many workers who lose their jobs today are finding our unemployment insurance system leaves them out because federal laws haven't changed since the 1960s, even though the American workforce has changed dramatically since then. In 2006, only one third of unemployed Americans received unemployment benefits. These workers have paid into the system for years and it is wrong to leave them out when they need help the most. This budget will help us to give States the resources and flexibility they need to serve working families more effectively. These are all important measures, but strengthening the safety net during a crisis is not enough. We need to redouble our efforts to restore economic opportunity for working families. This budget looks beyond the short term. It makes a priority of investing in the preparation workers need to compete in the 21st century global economy. Comprehensive education and job training programs are the keys to that preparation. At times like this, we have turned to education to help strengthen the Nation. We did so when developing and expanding the Nation in the early 1800s, when transitioning World War II veterans back into society, when launching the war on poverty. We have seen time and again that education is one of the best investments we can make in the Nation's economic strength. For every dollar invested in the GI bill, the Nation reaped $7 in return. Research from the OECD shows that when we increase the average number of years of education by just 1 year, we can increase our GDP by 3 to 6 percent. For every $1 invested in high quality early preschool programs, our society benefits from a $13 return. The Nation's prosperity depends on our ability to prepare our citizens to face a changing economy. But as other nations modernize their education system, America must also break free of the shackles of a school system designed for the industrial age, not the information age. We know the school model of centuries past doesn't cut it in today's economy: A single, isolated teacher lecturing to a class of 30 students reflects the production-line model of the Industrial Age. Today, our knowledge economy demands smaller classes with individualized instruction and a focus on more advanced skills. Fifty years ago, only one-third of mothers worked outside the home. Today, twice as many do, which means nearly 7 million children are left without adequate supervision after school. High schools were designed in the last century with the goal of graduating only 20 percent of students. A 16-year-old could drop out of school, get a job, and support a family. Today, over 60 percent of jobs require not only a diploma, but postsecondary skills--either a college education or advanced career and technical education. We need high schools graduating all students with college- and work-ready skills. We wouldn't think of sending our astronauts to Mars in the same spaceship in which President Kennedy sent them to the Moon. We wouldn't think of defending our troops with the armor they used in World War I. Why do we teach our students using outdated schools? This budget provides investments critical to ensuring that we have an education system compatible with the 21st century knowledge economy. The resolution increases funds for education programs by $6 billion. It provides $3.5 billion for our public schools, the largest increase in funding for K-12 education since 2002. This increase can put us on track to double title I funding in 5 years. With those funds, our schools can: Hire 35,000 new teachers to reduce class sizes and provide students with individualized attention; provide high quality professional development for 100,000 teachers to assist them in teaching 21st century skills; and enroll 1 million more children in high quality afterschool programs. This is a real investment of new resources to help struggling schools. The funding for K-12 education will enable schools to implement needed reforms to turn around. It will allow states, districts, and schools to improve middle and high schools, so that students will stay in school and graduate. The budget resolution also provides $424 million for Head Start, which will provide more children with the services they need to ensure they start school ready to learn. It increases funding for the Individuals with Disabilities Education Act by $340 million, so that students with disabilities have the support and opportunities they deserve. It also provides needed increases in funds for higher education. Last year, we passed a historic student aid bill and, with the Budget Committee's efforts and leadership, we were able to chart a course to increase the maximum Pell grant to $5,400 in 5 years. This budget resolution helps fulfill that promise by providing funds for a $4,800 maximum Pell grant in fiscal year 2009. This budget also includes $414 million more for job training programs, which is greatly needed after years of cuts in job training programs under this administration. This funding will allow 165,000 more workers to retool their skills for 21st century jobs. We know job training helps workers learn new skills, become better equipped for jobs in demand, and earn higher wages. As families across America struggle to make ends meet, and watch as foreclosures increase, jobs go oversees, and benefits vanish, job training can help provide real security for workers. The Senate budget resolution makes key investments in strengthening our economy and provides the building blocks for a prosperous future. It supports good schools for our children, good jobs for workers, and a fair shot at the American dream. It puts the Nation on a path to reinventing our public schools and strengthening our education system so that we are competitive in today's knowledge economy. Unlike the budget before us, the President's budget ignores the demands of today's economy and the needs of our students, our teachers, and our schools. In his message to Congress, the President said his budget was based on ``clear priorities that will help us meet our Nation's most pressing needs while addressing the long-term challenges ahead.'' But those priorities are not reflected in the numbers I see in the President's budget proposal for the Department of Education. For too many years under a Republican Congress and administration, we have seen a great contradiction between the administration's rhetoric on education and their budgets. They say that education is the cornerstone of our competitiveness in the global economy, but then they underfund the No Child Left Behind Act by $14.7 billion this year alone--leaving 3 million children without needed services. They say that education levels the playing field for disadvantaged students, but then they deny a million poor students the ability to come to school ready to learn by flat funding Head Start. They say that education is the key to America's future, but then they allow children to attend crumbling schools by blocking funding for school construction. They say that a good teacher can erase the harmful effects of poverty, but then they cut funding for teacher preparation and support. They say that education is the gateway to the American dream, but then, with 7,000 students dropping out of school each day, they cut a $1.3 billion program to provide career and technical education for at- risk high school students. They say that the good jobs of the future require a college education, but then they cut campus-based grant and loan programs and eliminate programs that ensure that low income, first generation students are prepared for and successful in college. We must do better than this. The Nation, and the Nation's children, deserve better than this. It is time to stop making empty promises. It is time to act. It is time for a new, bold commitment to investing in education, to give teachers the support they need and the opportunity to go further in their careers, to support schools that need to turnaround, to help every student reach graduation day, to open the gates to college for all students, regardless of family income. When a student walks through the doors of a public school, they should be opening the doors to opportunity, to higher education, to a good job, to a better life. The Senate budget resolution puts an end to the empty promises. By making education a priority, it takes bold action to address the mounting economic concerns and it is about time. Likewise, this budget takes action to address the growing health concerns that threaten the not only the health of our families, but also our economic well-being. It rejects the irresponsible budget cuts for NIH included within the administration's proposals, which would result in NIH being funded at $1 billion less than is needed just to keep pace with inflation. The budget resolution is a good basis for further strengthening of the NIH budget, and I look forward to working to see that NIH has the support it deserves. Investment in NIH is essential not just for medical progress, but for our economic security too. The United States has a long tradition of being a global innovative leader but we can't take our leadership for granted. Today, it's at risk. Thirty years ago, U.S. researchers published 90 percent of all scientific literature on information technology. Today, it's less than half. Unless we invest in the life sciences, the story will soon be the same for biotechnology. The budget also includes an important reserve fund for the millions of Americans suffering from mental illness whose insurance does not cover their treatment. Lack of equitable insurance coverage for mental illness is not only a civil rights issue, but it's also an economic issue with serious consequences. Recently, the National Institute of Mental Health revealed that mental and addictive disorders cost our country more than $300 billion annually. This includes productivity losses of $150 billion and $70 billion in healthcare costs. The reserve fund provided in this budget is a major step forward in end insurance discrimination and making our country more productive. The budget before us today also makes a commitment to our elderly and disabled citizens who are capable of living in their community, but are denied the supports they need. With the proper support, these Americans are able to live and flourish in the community. But too often they have to give up the dignity of a job, a home, and a family so they can qualify for Medicaid, the only program that will support them. That is why we introduced the CLASS Act last summer, so citizens get the services they need so they can remain in their community and lead a full life. This budget includes a reserve fund to support the infrastructure necessary to save Medicaid over the next decade and help all our citizens have a chance realize the American dream. It also will allow the parents and children of these citizens who have had to quit their jobs to care for a loved one to reenter the workforce. I commend my colleagues on the Budget Committee, and all their staff, for their hard work in recent months. The Senate budget resolution represents a strong commitment to American families across this country in this time of economic uncertainty, and I strongly urge my colleagues to support it.

Mr. KENNEDY. Mr. President, I welcome the fact that at the real start of this debate on the Budget Act, we have an amendment that reflects the best judgment of Republicans and Democrats alike in the Senate, which is so key to the future of our country, and to listen to our colleagues on both sides of the aisle at a time when, on so many issues, there is divisiveness, but on this issue, there is a real coming together in the Senate on this item for the support of the America COMPETES Act. I wish to commend those who have been a part of this process over recent years. It has been truly a bipartisan effort. We have listened to Senator Bingaman, Senator Alexander, and others who have been a part of this whole process, and it was an enormous achievement this last year when the bill passed the Senate. Now, we are impressed by the fact that those who were involved in making sure this was going to be achieved are committed to making sure we are going to have muscle and bones on this project in the form of providing the resources which are necessary to make it effective. This is, I think, one of the most important undertakings we will have in this debate and discussion on the budget, and I am very hopeful we will get a strong vote in support of this amendment. Very briefly, I think all of us understand the average family in this country is exceedingly hard-pressed at this time. They are wondering whether they are going to be able to pay their mortgages, and we are finding out that many are unable to pay their mortgages and they are losing their homes, or they have the threat of losing their homes. It is difficult to imagine, I think, for many of us, when parents go to bed at night and wonder whether they are going to be able to afford their mortgages and maintain their home for themselves, their families, and for their children, but it is happening in too many parts of this country. At the same time, those same parents are wondering if they are going to be able to heat their homes, at least in my part of the country. With the fact of the extraordinary explosion of the cost of home heating oil, we find so many families are hard-pressed to be able to provide heating for their homes. These are families who have worked hard, who have played by the rules all their lives, and they are wondering now about what the future will hold for themselves and for their parents and for their children. Are they going to be able to make sure their parents are going to be able to live their golden years in peace and dignity? They are hard-pressed to provide the extra help and assistance to them so they can afford their prescription drugs. They have seen the cost of tuition go up and continue to go up, and they wonder if they will be able to educate their children; while fuel and gas go up, whether they will be able to fill the gas tank to get to their jobs where they are working. There is enormous anxiety. There is also the concern about rising health care costs. There is enormous rising anxiety out in the country. People are wondering: Why should my job be at risk? I have worked hard. I have played by the rules. I have done everything I possibly can, and still I wonder whether in a few years, the opportunities for my children are going to be as great as opportunities were for me. I know my parents sacrificed so I would be able to make progress, and now I wonder whether my children are going to be better off than I was. That is going on in home after home across this country. It is as a result of the failure of economic policy. It is a failure of fiscal and monetary policy over the period of recent years. It is not the fault of these particular families; it is the fault of economic policy and giving the kinds of investments in our country and investments in individuals that are necessary in order to have a strong economy. We know how to do it. We have seen it done. I am not going to take the time of the Senate to go back over the history where it has been done and it should be done. So we are faced with where we are today, and this calls for immediate assistance for these families. We have seen the efforts that have been made in terms of housing and in terms of the unemployment, the help and assistance of fuel assistance and food stamps and others to try to address the immediate kinds of problems families are facing. We also have to look at where we are going to be as a country in terms of the future, where we are going to be in 3 to 5 years as we are seeing this whole global economy challenge the United States. One overarching fact is that the future is going to be the knowledge economy, the economy that puts the premise on knowledge and information and education. That is where the future is going to lie. That will be the great competition between the countries of Asia and the United States. We are thinking about how we are going to address that, and the COMPETES Act is one of the important solutions to this challenge. Mr. President, if we look at this chart here, it is interesting in terms of U.S. students. To be globally competitive, we need to tackle the achievement gaps. U.S. students from high-income families outperform students in other countries in math, while U.S. students from low-income families lag behind. When you are talking about international competitiveness, we find that U.S. students who come from higher income families are able to go to schools that are able to afford the good teachers, are able to out-compete the students in other parts of the world. It is no mystery about how that should be done. But students who come from lower income families are not able to keep pace. This legislation is designed to, among other things, reduce this gap that exists now in our country. Look at this chart. We have more math classes in high-poverty schools that are taught by teachers without a major in that subject. You have low-poverty secondary schools where the percentage of secondary school math classes taught by teachers without that major is 26 percent. In the high-poverty schools, it is 56 percent. Much of it comes down to teachers and the importance of investing in them, to make sure they are going to have the skills to serve in communities and in school districts all over the country, and so they are going to have the competency. If you are not going to have the high-quality teachers in underserved areas, then you are going to have those kinds of results we saw with the other chart where American children are going to fall further and further behind. It is in this very area that the COMPETES Act is directed. That is one of the important reasons why this legislation is so important and why the resources and the investment are so much in the interest of this country and its future in terms of the ability to be able to compete. Mr. President, this is a sound amendment that makes a great deal of sense for the reasons I have mentioned here and other reasons as well. I am hopeful that the Senate will accept it with an overwhelming vote. Mr. President, I suggest the absence of a quorum.

Mr. KENNEDY. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.

Mr. KENNEDY. Mr. President, the amendment I am offering is intended to give additional protections for students and families struggling to pay for college. Americans are anxious about the slumping economy and how it affects their families. They are losing their homes. They are seeing skyrocketing health costs. They wonder if they can afford today's gas prices to drive to work every day. The cost of heating their homes has jumped at least 50 percent in the last 2 years. And now they are hearing that the loans they rely on to afford the high cost of college may be at risk. Financial aid officers in some colleges are telling them that loans may not be available when the school year starts this fall. What we are seeing is that the credit crunch that is affecting the mortgage industry and many banks and corporations may affect the ability of families to secure student loans at fair rates so their children can go to the college of their choice. We are here today to say that we cannot allow the credit crunch to prevent our young people from going to college. The ability of young Americans to pay the high cost of college should not be determined by the quarterly earnings of banks. There are three steps we must take to help families cope with the cost of college education. First, we must increase our commitment to Pell grants and other aid. We do that in this budget. This budget meets our promise to increase the maximum goal to $5,400 by the year 2012. This chart represents the legislation that was passed last year where we provided additional funding for the Pell grants. The budget resolution showed that help is on the way for more than 5 million Pell grant recipients across the country. This chart illustrates how the budget resolution will help hard-pressed young people, who are in the educational system. Second, we should make sure that secure loan options are available to students in case the market collapses. We have programs now that are backed up by the Federal Government that are not affected by the market. Those are the direct loan programs in which the Federal Government makes the loans and not the banks--and the lender of last resort program that allows guaranty agencies to become lenders with the backing of the Federal Government. Congressman George Miller, the chairman of the House Education Committee, and I have urged the Secretary of Education to make sure these two options are fully available to students and colleges should they be needed. Third, we should strengthen the federally subsidized student loan program, and my amendment does that. We all know that student loans are indispensable for millions of students and parents struggling to pay for college. In the last 20 years, the cost of college has tripled, and more and more students are forced to rely on student loans to pay the high costs of a college education. In 1993, less than half of all students had to take out loans. But in 2004, nearly two-thirds had to take out loans to finance their education. This chart illustrates this point, showing the increase in students taking out loans from 1993 to 2004. The average student now graduates with more than $19,000 in debt--a dramatic increase on the financial burden on the students and their families. In Massachusetts, the cost of attending a 4-year public college increased 59 percent between 2001 and 2005, while family incomes only went up 20 percent. This chart illustrates where the family income increased and where the cost of attending college has increased even more. The best way to help students and families afford college is to increase grant aid. More aid up front means fewer loans and less debt on graduation day. Last year, the new Democratic Congress delivered on a 7-year old promise by President Bush to raise Pell grants. The maximum grant will increase to $5,400 by 2012--an increase of $1,350 over the level at which it had stagnated under this administration. This increase means that students eligible for the maximum Pell grant will have to borrow $6,000 less in loans over the course of their college career. The effect of borrowing less saves the average student about $6,000 in a reduction of their debt. The legislation enacted last year also makes Federal loans less costly for students by reducing interest rates. These benefits, however, will be meaningless if students cannot obtain the loans to pay for the college of their choice. The current crisis in the credit market is making it more difficult for student lenders to obtain capital. This has cut into the lenders' profit margins, causing some lenders to pull out of the student loan market and causing those operating outside the Federal loan program to cut back on lending to high-risk borrowers. So far, the attractiveness of the guarantee in the federally subsidized program is encouraging other lenders to fill in the gaps in that program. Since interest rates in the Federal program are capped, students are protected from exorbitant interest payments. But many families need additional loans beyond Federal loans while they are in college. We have a responsibility to ensure they can obtain the loans at affordable rates. One step we can take is to increase the amount that students can borrow in low-interest, federally backed student loans, which means they won't have to rely on the higher cost, riskier private loan market. The amendment I am offering today expands the deficit-neutral reserve funds for higher education in the budget resolution so that Congress can take whatever action is needed to increase the amount students can borrow under the Federal programs. Over the last 20 years, as the cost of college has continued to skyrocket, Federal student aid has essentially remained flat. As this chart shows, the cost of attending a 4-year college has tripled--from about $4,000 in 1987 to $12,000 today. Over the same period, the amount of Federal assistance available to students in grants or loans has been essentially flat. This goes back, if you extend these lines to 1965, to when they passed the Higher Education Act. The basis for passing the Higher Education Act in 1965 was a national commitment, which was debated in the 1960 campaign, heavily debated, that this Nation was making a commitment to the young people of this country. Any young person who was able to gain entrance into a school or college of their choice would be able to, on the basis of academic merit, put together sufficient grants and loans--and what they were able to earn themselves--to be able to go to any school or college in this country and come out relatively free from indebtedness. That was what the debate was at that time. But look how we have betrayed that commitment. We have seen that assistance to the students has become basically flat, but the extraordinary increase we have seen in college costs has had a dramatic impact, obviously, on the students and their ability to go to school and on their income. I wish to illustrate the point we are trying to make with this chart. This is a typical family in my State of Massachusetts. Let's say the median family income is $68,000 which is higher than the national average but not by much, maybe $10,000 or so. Now, the expected family contribution is $8,000 to $10,000. The median cost of college is $17,000. So after all of the grants and loans, the family still has to make up $2,675 in unmet need. This assumes they can even, with this amount, put up the $8,000 to $10,000. Many of these families have two, three, four, or five children and are hard-pressed even to meet this kind of commitment, but they still have this to pay. If a member of this family misses a payment, a car payment or some other credit card payment, they will be forced to pay the most exorbitant high interest rates, which will result in paying thousands and tens of thousands of dollars more in interest costs. We address this very important point right here with this legislation. It might not seem like a very considerable amount, but it is the difference between a student going on to college or not attending college. Mr. President, we have talked to the Budget chair on this issue, and we understand we will be moving on to other amendments. This is a very important area. The impact of the economic challenge we are facing is reflected most particularly in housing but spills over in terms of students and their families. This will only be used if we have the kind of emergency we hope will not take place, but it will ensure that this Senate is going on record to say to families in this country that we are aware of the challenges they may very well be facing, and if those develop, we are going to have some assistance for them and for their family so that the value and worthwhile effort to continue the education of their children in the family will be able to continue. Mr. President, I thank the chairman of the committee for the opportunity to present this, and hopefully later in the discussion there might be an opportunity to have this favorably considered.

Mr. KENNEDY. Mr. President, I thank the Senator, and if he will yield for a moment, I want to thank him for his comments. As he has mentioned, we had the opportunity to follow the rules of the Senate in getting the final resolution and judgment, which was basically supported in a very strong bipartisan way, ultimately, to move in that direction. But, as the Senator pointed out, we have provided increased opportunities to more than 5 million of the children of hard-working Americans who are hard-pressed trying to go on to continue their education with the enhanced Pell grants. Included in that legislation was the loan forgiveness program that said: If you work in a public service profession, if you work with special needs children, if you work as an assistant district attorney, if you work as a legal aid officer, or if you work in areas of education, you will be able to get your loan forgiven. We also, as the Senator knows, put the limitation on monthly repayment amounts, so that individuals, idealistic young people in America who want to go into some form of public service, would not pay more than 15 percent of their income to pay off their debt. This gives a pathway to millions of young people in this country who want to give something back to their local community or their State or their country through some form of public service. This will enhance their opportunity to do so. I must say, of course, that we would not have been able to do that had we not had the chance through the Budget Committee, in compliance with the rules of the Budget Committee, to ensure that we were able to save hundreds of millions of dollars that went to deficit reduction. As a result of the leadership of the Budget chair, we were able to do something good for students but also to do something valuable and worthwhile in terms of the budget. So I thank the chairman of the committee for the opportunity and for all his cooperation and help. Mr. President, I yield the floor.

Mr. KENNEDY

Mr. KENNEDY. Mr. President, our Republican friends are at it again-- offering simplistic and unworkable proposals in response to complex immigration issues. Our immigration policies should not only be about security and our economy, but they should reflect our humanity, decency, and morality. We are a Nation of immigrants. Immigrants are devoted to hard work, their families, their faith, and to America. Mr. President, 70,000 immigrants served honorably in our Armed Forces, and many have given their lives in Iraq and Afghanistan. Those are the values that have built America and we should welcome them. But you would never know it from the misplaced immigration priorities of my Republican colleagues. Rather than tackle the Nation's priorities, they continue to cater to the basest instincts of the far right fringe. For 7 years, Republicans have failed to fix the broken immigration system, offering only divisive measures and empty rhetoric that subvert our values as a Nation of immigrants, undermine our national security, and leave American jobs unprotected. It is time to get real. Approximately 12 million people are living in our country outside the system. That is more than the population of New York City. Illegal immigrants are here because there are jobs, and there are jobs because employers know they can get away with breaking the law and abusing illegal workers. The past 7 years should have taught the Republicans that deportation alone doesn't work. Don't the Republicans get it? Deportation-only policies have failed spectacularly. Existing control efforts are unacceptably costly. We now spend over $10 billion on border and interior enforcement, and the system is more dysfunctional and lawless than ever. These expenditures barely scratch the surface of the true costs enacted by our current policies. Heavy-handed enforcement hurts U.S. citizens living in the border region. These communities bear the brunt of environmental degradation, noise and light pollution and surging border-area violence. In spite of these escalating costs, illegal immigration continues unchecked. Even when Republicans are given the tools, they don't use them. Last year, the Bush administration prosecuted only four employers for hiring illegal immigrants. It is time to stop coddling employers who break our laws and undercut American workers. It is time to force bad actor employers to respect our immigration and labor laws, to provide fair wages, to offer decent working conditions, to value the rights and contributions of the workers they employ, including American workers. And it is time to punish those employers who don't. Let it be known the Republican agenda isn't based on real solutions. Instead, they have been cynically using the immigration problem to stir up local resentment and fear. They have vilified and attacked immigrants, especially Latinos. First, they proposed to criminalize priests and those who help immigrants. Remember the bill that passed the House of Representatives under the Republican leadership that said you have situations where we have several million children who are American citizens; they have mothers who may be undocumented. Under their law, the mothers had to be deported. If a mother went and talked to a priest and asked: Where is my responsibility, to comply with the law or look after my child, if that priest were to suggest that her first responsibility was to look after that child, under the Republican law, that priest could have been indicted as an accessory after the fact. That was Cardinal Mahoney, the great cardinal from Los Angeles, who spoke out on this issue with such credibility and outrage. Then they opposed comprehensive immigration reform that we had on the floor of the Senate. Two-thirds of the Democrats said yes; two-thirds of the Republicans said no. Now we have their proposal as introduced this week. What do the Republicans have against immigrants? When immigrants are abused, all Americans suffer. Employers can get away with depressing our wages, neglecting working conditions for all workers, immigrants, and citizens. This isn't leadership and, sadly, it is not new. It is a continuation of a decades-old Republican strategy to scapegoat and marginalize vulnerable minority communities, to fan the flames of fear and divert attention away from their own inaction and failures. The Republican leadership may not get it, but the American public does. Americans understand that reforming our immigration system is a complex challenge and requires a tough, fair and, above all, realistic solution. They know it is time for change and time to find a way forward. We need to require the 12 million undocumented immigrants in this country to register with the Government and get legal. This includes payment of appropriate fees and fines, submitting to extensive security and background checks, learning English, and paying any U.S. taxes they owe. We need to deport those who have committed serious crimes or represent a threat to our national security; to implement border control that is well resourced, utilizes modern technology and is effective and humane at the same time; target and punish employers who flaunt the law by hiring those who are not authorized to work; assist States and local communities that are affected by high rates of immigration by helping to defray health, education, and criminal costs; and ensure that American workers are helped, not harmed, by U.S. immigration policy. Instead of embracing these goals, the Republicans want to deny local communities funding for community policing because such communities recognize that earning the trust of immigrant communities helps to combat crime. They would condemn victims of domestic and sexual violence to a life of abuse, unable to come forward to report such crimes. They want to force all American workers to prove their eligibility to work based on a database that is so flawed it will result in the denial of employment to millions of authorized workers, including American workers and American citizens. This in a time when workers are struggling to put food on the table, pay their bills, and hold onto their homes. They want to subsidize sweetheart Government contracts with taxpayers' money to build exorbitantly expensive fences that have shown little promise in stopping illegal immigration, and they want to take property away from American landowners to build these fences. These ideas don't just hurt immigrants, they hurt Americans. Senate Democrats have led an effort to fix our broken immigration system not once but twice. That legislation was pragmatic, recognizing it is impractical to deport 12 million illegal immigrants. That legislation recognized the Government must seize control of our immigration system and implement border enforcement that is both effective and humane, while aggressively going after and penalizing employers that knowingly break the law and profit off illegal immigrants. It also included a roadmap for future orderly immigration that would uphold American values, support the American economy, and ensure that immigration, first and foremost, serves the interests of Americans. The majority of Republicans turned their backs on workable solutions. They chose instead to grandstand the issue and push a delusional ``round 'em up and kick 'em out'' agenda. And here they are again in this new political season playing the same old tired tune. This country deserves better. I challenge my Republican colleagues to demonstrate the courage and fortitude it will take to pass legislation that is tough, effective, workable, and gives the American public what it deserves: an immigration system that serves the economic, social, and security needs of 21st century America. Anything less is a disgraceful insult to the American people.

Mr. KENNEDY

Mr. KENNEDY. Mr. President, I wish to take a few moments to discuss a growing problem for students and families struggling to pay for college. Americans are anxious about their economic futures. They are seeing volatile markets, disappearing jobs, home foreclosures, rising debt, and declining benefits. Now the crisis in the credit market, stemming from irresponsible lending practices in the mortgage industry, may impact their ability to secure student loans at fair rates so their children can go to the college of their choice. We all know that student loans are critical for millions of students and parents trying to pay for college. In the last 20 years, as the cost of college has tripled, more and more students are relying on students loans to afford a college education. In 1993, less than half of all graduates had to take out loans, but in 2004, nearly two-thirds had to take out loans to finance their education. This chart shows how more students must take out loans to finance their education. In 1993, if you look at the students taking out loans, and then here in 2004, you can see that as the cost of college has risen and grant aid has not kept pace, more and more students have to turn to loans. This difference has made students borrowing in the private sector--in many instances at exorbitant rates. It is this area, in the private sector, that is at risk. The federal student loan system is not affected in the same way. I will say more about that in my remarks. Last year, we passed legislation that increased grant aid and ensured that Federal loans were cheaper for students by cutting interest rates. We also ensured that no graduate would have to pay more than 15 percent of their income in monthly loan payments and that those who enter public service will have their loans forgiven. But these benefits will be meaningless if these students cannot access the loans they need to be able to afford the college of their choice. In recent weeks, the credit market crisis has made it more difficult for student lenders to secure capital. This has increased the cost of lending, causing some lenders to pull out of the student loan market and causing those operating outside the Federal loan program to cut back on lending to high-risk borrowers. Due to the attractiveness of the Federal guarantee in the federally subsidized program--so far--other lenders are stepping up to fill in the gaps in that program. And the interest rates in that program are capped so students are protected from inflated interest payments. But students who need to go beyond the Federal loan program will have a tougher time finding lenders, and their rates will go up in the fall. Schools are beginning to sound alarm bells and telling students to get their loans now because they may be less available in the fall. We must take action to ensure that students have the resources they need to attend college. We must ensure that the backstops built into the Federal loan program, designed to protect students and parents from the kind of credit market disruptions we are seeing today, are ready to be implemented. One of those backstops is the Direct Loan Program. It allows students and parents to borrow directly from the Federal Government without going through a bank. The Secretary of Education uses funds from the U.S. Treasury to make the loans. This program does not rely on capital from the private financial markets, so it is completely insulated from the disruptions the market is experiencing today. Current law allows the Secretary to advance capital to designated Lenders-of-Last-Resort so they can step in if students are having trouble finding loans through other banks. These programs are already in the law. And nearly 2,000 colleges are already either using or signed up to use the Direct Loan Program. Last week, I wrote to Secretary Spellings urging her to take any necessary action to ensure that schools that rely solely on private banks can easily access the Direct Loan Program and to ensure that procedures are in place to set up lenders of last resort. Mr. President, I ask unanimous consent to have printed in the Record the letter to Secretary Spellings at the end of my remarks.

Mr. KENNEDY. Mr. President, we must also ensure that students who are borrowing outside the Federal loan program are protected. A good first step is to make sure parents and students are aware of their options. According to the Department of Education, many students who turn to private loans--high-cost loans that are not subsidized by the Federal Government--are not taking advantage of the grant aid and low-interest loans that they are eligible for under Federal programs. This is unacceptable. We need to make sure college financial aid advisers are giving students the information they need to maximize student aid and get the best deals on their loans. We are currently in conference with the House on the Higher Education Act. That bill will ensure that we do just that. It will help students make the most of the college aid they are eligible for by requiring lenders to disclose--on private loan applications and the documents they sign before a loan is made--that students may be eligible for grants from the Federal Government, their State, and their college, as well as lower-cost loans from the federally subsidized program. We also require additional counseling by the financial aid experts for students regarding their student aid options. For families who need additional loans beyond the Federal loans while they are in school, we must ensure they can access loans at affordable rates in the private markets. We are working with our colleagues in the Banking Committee, led by the committee's chair, Senator Dodd, on this issue. I also plan to offer legislation that will expand the eligibility for low-cost Government loans for these students. In the coming weeks, the Committee I chair, which deals with education issues, will convene hearings so we can hear directly from those affected. We will also continue to monitor the Department of Education's efforts to implement the existing safeguards in the Federal programs. In today's uncertain economy, Congress has an obligation to provide a steady hand and to shore up programs on which Americans depend. Nothing can be more important than ensuring that families can afford a college degree. Exhibit 1 Washington, DC, February 28, 2008. Hon. Margaret Spellings, Secretary of Education, U.S. Department of Education, Washington, DC. Dear Secretary Spellings: As you know, the U.S. capital market has been experiencing stress as a result of the sub- prime mortgage crisis and investor uncertainty about the condition of the economy. Recently, certain student loan lenders have encountered difficulties in accessing the capital market to finance their lending activity. While these disruptions have had an impact on some lenders, they so far have not negatively affected students' ability to access federal loans. Some lenders have expressed concern about their ability to continue to make loans through the Federal Family Education Loan Program (FFELP), but others are anticipating increasing their student loan business in response to changes in the FFEL marketplace. As you know, there are several tools already in statute that protect against any unforeseen disruptions in the private capital markets. We urge you to take any steps necessary to ensure that these options are readily available so that recent activity in the credit markets does not adversely affect students' ability to secure federal student loans in a timely manner Since the capital market disruptions began, we have been closely monitoring the situation and its potential impact on the Federal student loan programs. We and our staffs have held in-depth discussions, and will continue meeting with, the many stakeholders involved in delivering Federal college loans to students and families, including schools, lenders, guaranty agencies, secondary markets, investment bankers, and officials of various Federal agencies, including the Departments of Education and Treasury. Through these discussions we have gained a detailed understanding of how the current difficulties in the credit markets might affect some segments of the FFELP industry, especially those lenders that have relied on the auction rate securities market. While we are hopeful that overall credit market conditions will soon improve, subsequently easing the constraints some in the FFELP industry currently face, it is only prudent to prepare now to ensure that these conditions do not negatively impact students' ability to access Federal student loans. As we have seen far too often, shocks in the credit and financial markets come as a surprise, leaving those affected little time to react. Having plans in place and operational now will help ensure that all stakeholders, including institutions and the federal government, can respond to any potential loan access problems with the least possible delay for students, families, and schools. More importantly, such plans will provide students and families with the assurance that they will continue to be able to obtain Federal student loans to finance their education. The Department of Education needs to be prepared to use the tools the Congress has provided to ensure that all eligible students continue to have uninterrupted and timely access to Federal student loans, in the unlikely event that stress in the credit market leads a significant number of lenders to substantially reduce their activity in FFELP. First, the Department of Education should update plans to implement a lender-of-last resort program in the instance that there are widespread student loan access problems and take all available steps to ensure these plans can become operational quickly, if necessary. As you know, under existing law FFELP guaranty agencies are obligated to serve as lenders-of-last resort to avert any possible problem in access to student loans, thereby providing a nationwide network of backstop lenders. Further, you have the authority to advance federal funds to guaranty agencies to provide them with loan capital if needed. While such a program has not been previously implemented for the FFELP, the Department had established such a plan in 1998, when some FFELP lenders were then indicating that they might withdraw from the guaranteed loan program. Updating these plans now will help ensure that deploying such a contingency can he done at the first sign of any problems experienced by schools or borrowers in obtaining Federal student loans from a FFELP lender. Second, the Department of Education should take action to ensure that the Direct Loan program is fully prepared to respond to any unanticipated increase in demand for the program. As you know, the Direct Loan program does not rely on private lenders and therefore will not be affected by the changes in the credit market. Based on our discussions with Department officials, financial aid officials from schools currently participating in the Direct Loan program, and others, we are confident that the program could help alleviate any potential problem that borrowers or schools may face should FFELP lenders continue to face difficulties and withdraw from the program. The Department needs to take steps to ensure its plans to facilitate and expedite a school's transition from the FFELP to the Direct Loan program on either a temporary or permanent basis can be immediately executed, should a school so desire. In addition, it is important for the Department to ensure that adequate capacity exists to absorb any increases in additional loan volume. Finally, we understand that you will soon be corresponding with colleges about the state of the Federal student loan programs. We request that in such correspondence you make readily available information on the option of participating in the Direct Loan program and on lender of last resort procedures. We are encouraged that the Department has begun to examine these options, but we look forward to hearing about further contingency plans that would allow the Department to act immediately to ensure all students and families continue to have access to federal student loans in a timely manner. We stand ready to provide you with any needed assistance that you believe will be necessary in undertaking the two important steps outlined above. Sincerely, Edward M. Kennedy, Chairman, Senate Committee on Health, Education, Labor, and Pensions. George Miller, Chairman, House Committee on Education and Labor.

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

Mr. KENNEDY

Mr. KENNEDY. Mr. President, I regret to see that the Republicans are at it again--offering unworkable solutions to complex immigration issues that only make the problem worse and cater to the basest instincts of the far right fringe. For 7 years, Republicans have failed to fix the broken immigration system, offering only empty rhetoric and unrealistic proposals. Democrats recognize that our country deserves better--we need to overhaul our broken system, uphold our values as a nation of immigrants, ensure our national security and protect American jobs. It is unacceptable to have 12 million people in our country who are outside the system. Our illegal immigration problem has skyrocketed because employers know they can get away with breaking the law and abusing illegal workers. And the past 7 years have shown us that deportation alone is not the solution. It is time to stop coddling employers who break our laws and undercut American workers. It is time to make sure employers follow our immigration and labor laws so that the law is respected, wages are fair, working conditions are decent, workers' rights are valued, and unscrupulous employers are punished. And it is time to treat immigrants with the dignity and respect that they deserve. I have to ask why the Republicans have failed to address these very real problems. They controlled Congress for 6 years. They have occupied the White House for almost 8 years. Where have they been this whole time? I can tell you where they have been. They have been cynically using the immigration problem to stir up local resentment and fear to divert attention away from their inaction. They have vilified immigrants, especially Latinos, making them the new unwanted class, the new untouchables. They have tried to convince Americans that declaring English the official language will solve our problems, when in fact English is already our national language, but the Government sometimes needs to use other languages to respond to health care and law enforcement emergencies. They have engaged in targeted attacks on people who are contributing to our communities. I urge them to drop their rhetorical attacks that cater to the extreme right wing of their party. I urge them to listen to the American people, who want real solutions. Americans understand that immigration is a complex challenge that requires a comprehensive solution. They know that we need to address the situation of the 12 million illegal immigrants in the country, requiring them to register with the Government or face deportation; that we need to deport those who have committed serious crimes or represent a threat to our national security; that we need to meaningfully go after employers who flaunt the law by hiring those who are not authorized to work; and that we need to ensure that American workers are not harmed by U.S. immigration policy. We can do this. We can uphold the rule of law. And we can do it without sacrificing our proud tradition of immigration. The American people understand the issues. Why can't the Republicans? Instead, they are proposing to deny local communities funding for community policing because such communities recognize that working with immigrant communities helps combat crime and lawlessness. They would force all American workers to prove eligibility to work based on a database that is so flawed it will result in denial of employment to millions of authorized workers, including American citizens. They would impose jail sentences on illegal immigrants who have not committed crimes, further overloading U.S. prisons. Those are just a few of the unworkable proposals they have introduced today, blithely ignoring the untold harm such ideas will cause to the American public. This Senate passed comprehensive immigration reform in 2006. That bill faced head on the many aspects of the immigration system that are broken. It recognized that it is impractical to deport 12 million illegal immigrants. And it is undesirable--the majority of these people are playing a key role in the U.S. economy, taking care of our children, mowing our lawns, and harvesting our crops. But that legislation also recognized that the Government must seize control of our immigration system. Border enforcement that is both effective and humane must be implemented. Employers who knowingly break the law and hire illegal immigrants must be punished. By hiring people who are not authorized to work, these bad actors are also violating labor protections in place to protect American workers. The 2006 bill failed in the House, where the Republican majority instead chose to grandstand the issue and push an enforcement-only bill. Now we are seeing our Republican colleagues in the Senate do the same. Let's stop the sham. Let's negotiate a real solution. Let's go back to the table, roll up our sleeves, and give the American public what it deserves: an immigration system that works, that is orderly, and that ensures that the system works for Americans. Anything less is unworthy of the people we represent, and that is why I oppose this effort launched today by my Republican colleagues.

Mr. KENNEDY

Mr. KENNEDY. Mr. President, I welcome this opportunity to commend to my colleagues a very thoughtful and informational article in the current issue of the American Prospect by former Assistant Secretary of State and Ambassador to the Czech Republic, John Shattuck, who currently serves as CEO of the Kennedy Library Foundation. In his article, ``Healing Our Self-Inflicted Wounds,'' Mr. Shattuck makes the point that in the past few years America has seriously wounded itself in the eyes of the wider world by failing to live up to our highest ideals. Our policies have made it more difficult to enlist the support of our traditional allies in accomplishing our foreign policy goals and have emboldened those who do not share our goals to work harder to undermine them. Mr. Shattuck lays out several key steps for the next President to take to repair the damage done in the past 8 years and restore America's credibility--and strength--in the world. I believe his article will be of interest to all of us in Congress. And I ask unanimous consent that the article be printed in the Record.

Mr. KENNEDY

Mr. KENNEDY. Mr. President, I would like to thank the senior Senator from North Dakota for his leadership on the issue of Indian health care. As he and the Senator from Alaska have emphasized during the debate in recent days, our Government must ensure that Native Americans have access to quality health care throughout our country.

Mr. KENNEDY. I understand that in the managers' amendment, section 303(b) of the bill has been modified so that the language is now identical to current law; is that correct?

Mr. KENNEDY. So this language does not change the construction or application of existing statutes?

Mr. KENNEDY. That is correct.

Mr. KENNEDY

Mr. KENNEDY. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. KENNEDY

Mr. KENNEDY. Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate in order to conduct a hearing on Wednesday, February, 13, 2008, at 9:45 a.m., In room SD366 of the Dirksen Senate Office Building. At this hearing, the committee will hear testimony regarding the President's fiscal year 2009 budget request for the Department of the Interior.

Mr. KENNEDY. Mr. President, I ask unanimous consent that the Committee on Finance be authorized to meet during the session of the Senate on Wednesday, February 13, 2008, at 10 a.m. in room 215 of the Dirksen Senate Office Building, to hear testimony on ``Selling to Seniors: The Need for Accountability and Oversight of Marketing and Sales by Medicare Private Plans, Part Two.''