Ted Kennedy

Mr. KENNEDY

Mr. KENNEDY. I move to reconsider the vote.

Mr. KENNEDY. Mr. President, we are willing to accept the Hatch amendment. It requires a study and requires some authorization for helping local communities. I would hope the amendment would be unanimously accepted. I intend to vote for it, and I would hope all the Members would vote for it. I understand we are going to order the yeas and nays now. I hope we will vote in favor of the Hatch amendment.

Mr. KENNEDY. Mr. President, I ask for the yeas and nays.

Mr. KENNEDY. Mr. President, how much time is remaining?

Mr. KENNEDY. I will mention a few. They include the Anti-Defamation League, Human Rights Campaign, Leadership Conference on Civil Rights, National Association for the Advancement of Colored People. Why? Because, as we know, hate crimes are increasing. They are not diminishing in the United States of America. They are increasing. All the statistics demonstrate it. What is also demonstrable is what local law officials point out by their support. They do not have the tools or the will to deal with the most vicious types of attacks that take place upon individuals because of who they are. That is why they support this rather measured proposal that we have, that will give help and assistance in attacking the problems of hatred at home like we are attacking the problems of hatred abroad. This is not such a strange issue. Will the Chair let me know when I have a minute left, please. My friend, Senator Hatch, pointed out during our debate in 2000: Crimes of animus are more likely to promote retaliatory crimes; they inflict deep, lasting and distinct injuries-- some of which never heal--on victims and their family members; they incite community unrest and, ultimately, they are downright un-American. No one could say it better. He understands that is what we are talking about and whether we are going to battle that with both hands, not with one hand tied behind our back as exists at the present time. It is the local law officials who are stating that. Even the Justice Department said the same a few years ago. Finally, on why this is such an extraordinary situation--this is what the Justice Department says. Local authorities may not have the tools or the will to prosecute a particular bias-motivated crime fully. We put this aside. This, basically, is a moral issue. It is a moral issue because of the viciousness and the motivational aspects of hatred and bigotry. Our Founding Fathers, as brilliant as they were, wrote prejudice in the Constitution of the United States. They wrote slavery in the Constitution of the United States. This Nation has been battling for 230 years to free ourselves from the stains of discrimination, and we are not there yet. We suffered the brutalities of the Civil War. We went through the period of Reconstruction. We have faced those issues on the floor of the Senate: In 1964, the Civil Rights Act; the 1965 Civil Rights Act; the 1968 Civil Rights Act. We went on to knock down the walls of discrimination. When we knocked down the walls of discrimination on the basis of race, we also, history will show--we knocked them down with regard to gender, we knocked them down with regard to ethnicity, we knocked down a lot of them in terms of disability. We have not with regard to sexual orientation. But we have made remarkable progress. No nation in the world has made that progress--no nation. That is one of the reasons I am as proud of this Nation as I am. But it is a continuing process. If we do not understand that out there, as the various statistics of the Justice Department and the Southern Poverty Law Center say, there are these centers of hatred and bigotry that exist out there, that are hating and demonstrating and killing our citizens on the basis of those definitions. That is continuing, and the question is whether we are going to do something about it. We are not going to solve all of the problems with legislation, but if we do not solve this one, we miss a golden opportunity. I finally say, to those who have talked about, we are adding this on the Defense authorization bill, we have had more time in quorum calls around here. We have not taken a great deal of time. We are taking 2 hours this morning on SCHIP and hate crimes. We have not taken up a great deal of time. The majority of the Members have supported this. On three other occasions, a majority of Republicans and Democrats have supported this concept--on three other occasions. Let's get the job done. We have that opportunity this morning. Finally, this is about the morality of our country, the values of our country. That is directly tied into what our men and women are doing overseas in resisting terrorism and fighting for the values here at home. One of the values that is here at home is the value of honoring the dignity of the human being and the individual. That is why all of those in the great religious faiths, the Interfaith Alliance, 75 different religions--the belief that lies at the core of our diverse faith traditions is that every human being is endowed with dignity and worth. That is why 1,400 members of the clergy have pointed out: Our faith traditions teach us to love our neighbor. While we cannot legislate love, it is our moral duty to protect one another from hatred and violence.

Mr. KENNEDY. Mr. President, briefly, let me outline the schedule for this morning. Under an order entered last night, there are 2 hours of debate equally divided prior to votes on pending cloture motions on the two hate crimes amendments. Once the votes begin, around 11 this morning, there will be very brief debate between the votes, so Members should remain close to the floor during that time. Once action has concluded on the hate crime amendments, the Senate will then have a brief debate prior to the cloture vote on the motion to concur to the House amendments to the Senate amendments to the CHIP legislation. Therefore, Members can expect five rollcall votes starting around 11 this morning. Mr. President, I ask unanimous consent that the 10 minutes immediately prior to the first vote be controlled equally between the two leaders, with the majority leader controlling the last 5 minutes, and that after the first vote, the remaining votes be limited to 10 minutes.

Mr. KENNEDY. Mr. President, I ask unanimous consent if there are quorum calls during this time, they be evenly divided.

Mr. KENNEDY. Mr. President, may I ask a question? I have no objection, but is this going to be within the time as expressed by the leader?

Mr. KENNEDY. Mr. President, I have listened with great interest to my friend from Utah describe this legislation. He has followed one of the great traditions of the Senate. That is, he has misrepresented and misstated my position and then he has differed with it. I know that technique because I have used it a few times myself. I hope, for those of our colleagues who have been following this debate, to keep in mind very briefly--I outlined earlier the principal reasons for this--but with regard to what is happening in the local communities, and in the States, the fact is the National District Attorneys Association is supporting this legislation. Do you believe if we were doing all the things the Senator said, if we were violating everything local and State, the National District Attorneys Association would be supporting this? The National Sheriffs' Association is supporting it, as is the States Attorneys General of the United States. The principal law enforcement agencies in the States are supporting it. Do you think they would be supporting this if it was unconstitutional? You don't think they would have the opportunity to know what is constitutional or not constitutional? And you don't think they understand what is necessary to protect their citizens from the viciousness of hate crimes? There it is. I ask unanimous consent the entire list be printed in the Record.

Mr. KENNEDY

Mr. KENNEDY. Mr. President, this week marks the first-ever nationwide Learn and Serve Challenge, a series of events occurring across the country to raise awareness about the value of service learning and the role of Learn and Serve America in supporting and promoting it. Service learning is a way for schools, colleges, and communities to combine community service and academic learning in ways that increase student learning, strengthen partnerships between schools and the communities they serve, and perhaps most importantly, tap into young people's endless ideas and enthusiasm for solving problems. We know that the real benefits of service learning go far beyond the events of a week, or even a year. They last a lifetime, because countless students who participate in service learning continue to serve throughout their lives. As my brother Robert Kennedy said, each time persons stand up for an ideal, or act to improve the lot of others, or strike out against injustice, they send forth a tiny ripple of hope, and crossing each other from a million different centers of energy and daring, those ripples build a current that can sweep down the mightiest walls of oppression and resistance. When young students create such ripples and see their effects, they remember them all their lives. They remember their own ability to help others, and the joy and satisfaction it can bring. They develop a habit of service that follows them throughout their careers. And this is what makes service learning so very important. Through community service, all of us have the opportunity to make our own lives better by helping others. And through strong service learning, schools are teaching generations of young people the joy of helping others. We are also doing much more. We are making our democracy stronger. Our democracy depends on the active involvement of citizens to shape our government and shape our communities. There is no question that America needs students who are well- educated in every way. We are working to do better in this respect, but we need to do much more. We need students who grow up understanding what it is to serve, to give back to their community, to help others. Our nation will always draw strength from a committed and engaged citizenry. Service learning helps us build that better citizenry, one student at a time. Seventeen years ago, I was the original sponsor of the National and Community Service Act of 1990. We reached across the aisle to recognize an important priority: to encourage and increase service in America. Among the many accomplishments of that legislation was the creation of Serve America, a new program to promote the practice of service learning in American schools. That program, now called Learn and Serve America, has exceeded the high expectations we had for it. Last year, 1.4 million students participated in service learning nationwide through Learn and Serve. Since the creation of the program, over 14 million students have served their communities because of it. It's an impressive accomplishment to have touched so many lives. I congratulate all of those who have participated in Learn and Serve over the years, and especially those who have guided the program so successfully. The Learn and Serve Challenge events taking place across America this week are an effective way to bring new and well-deserved attention to the program and to the benefits of service learning, and I look forward to even more impressive successes of this unique program in the years ahead.

Mr. KENNEDY

Mr. KENNEDY. Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on September 27, 2007, at 9:30 a.m., in open session to consider the following nominations: Admiral Gary Roughead, USN for reappointment to the grade of Admiral and to be Chief of Naval Operations; General William E. Ward, USA for reappointment to the grade of General and to be Commander, United States Africa command; General Kevin P. Chilton, USAF for reappointment to the grade of General and to be Commander, United States Strategic Command; and Lieutenant General James N. Mattis, USMC to be General and to be Commander, United States Joint Forces Command and Supreme Allied Commander for Transformation.

Mr. KENNEDY. Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to hold a hearing during the session of the Senate on Thursday, September 27, 2007, at 10:30 a.m., in room 253 of the Russell Senate Office Building. The hearing will focus on modernization and efforts to address the needs of the air traffic system and to improve the movement of aircraft and passengers. Subcommittee members will be provided the opportunity to review problems encountered by travelers during the summer 2007 travel season and to consider steps that can be taken to improve the air traffic system.

Mr. KENNEDY. Mr. President, I ask unanimous consent that the Committee on Commerce Science, and Transportation be authorized to hold a business meeting during the session of the Senate on Thursday, September 27, 2007, at 2:30 p.m., in room 253 of the Russell Senate Office Building. During the Executive Session, Committee members will markup the following agenda items: S. 1578, Ballast Water Management Act of 2007; S. 1889, Railroad Safety Enhancement Act of 2007; S. 1453, Internet Tax Freedom Act (ITFA) Extension Act of 2007; S. 1965, Protecting Children in the 21st Century Act; S.J. Res. 17, a joint resolution directing the United States to initiate international discussions and take necessary steps with other Nations to negotiate an agreement for managing migratory and transboundary fish stocks in the Arctic Ocean; S. Con. Res. 39, a concurrent resolution supporting the goals and ideals of a world day of remembrance for road crash victims; Nominations for Promotion in the United States Coast Guard (PN 878, PN 946, PN 947, and PN 948).

Mr. KENNEDY. Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to hold a hearing during the session of the Senate on Thursday, September 27, 2007, at 9:30 a.m. in room SD-366 of the Dirksen Senate Office Building. The purpose of the hearing is to receive testimony on hard rock mining on Federal lands.

Mr. KENNEDY. Mr. President, I ask unanimous consent that the Committee on Finance be authorized to meet during the session of the Senate on Thursday, September 27, 2007, at 10 a.m., in room SD-215 of the Dirksen Senate Office Building, to hear testimony on the ``Border Insecurity, Take Three: Open and Unmonitored''.

Mr. KENNEDY. Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Thursday, September 27, 2007, at 2:30 p.m. to hold a hearing on the Convention on the Law of the Sea.

Mr KENNEDY

Mr KENNEDY. Mr. President, I ask unanimous consent that the Committee on Indian Affairs be authorized to meet on Thursday, September 27, 2007, at 9 a.m. in room 628 of the Dirksen Senate Office Building to conduct a business meeting to consider pending business, to be followed immediately by an oversight hearing on the prevalence of violence against Indian women.

Mr. KENNEDY

Mr. KENNEDY. Mr. President, I ask unanimous consent that the Senate Committee on the Judiciary be authorized to meet during the session of the Senate in order to conduct a markup on Thursday, September 27, 2007, at 10 a.m. in the Dirksen Senate Office Building room 226. Agenda: I. Bills: S. 1267, Free Flow of Information Act of 2007, (Lugar, Dodd, Graham), S. 2035, Free Flow of Information Act of 2007, (Specter, Schumer). S.J. Res. 13, Joint resolution granting consent to the International Emergency Management Assistance Memorandum of Understanding, (Leahy, Snowe, Kennedy, Whitehouse), S. 980, Online Pharmacy Consumer Protection Act of 2007, (Feinstein, Sessions, Biden). II. Resolutions: S. Con. Res. 45, commending the Ed Block Courage Award Foundation for its work in aiding children and families affected by child abuse, and designating November 2007 as National Courage Month, (Cardin, Cornyn). S. Res. 258, recognizing the historical and educational significance of the Atlantic Freedom Tour of the Freedom Schooner Amistad, and expressing the sense of the Senate that preserving the legacy of the Amistad story is important in promoting multicultural dialogue, education, and cooperation, (Dodd). III. Nominations: James Russell Dedrick to be United States Attorney for the Eastern District of Tennessee.

Mr. KENNEDY. Mr. President, I ask unanimous consent for the Committee on Veterans' Affairs to be authorized to meet during the session of the Senate on Thursday, September 27, 2007, in order to conduct a hearing on the Nomination of Paul J. Hutter to be General Counsel, Department of Veterans Affairs. The committee will meet in room 562 of the Dirksen Senate Office Building, at 9:30 a.m.

Mr. KENNEDY. Mr. President, I ask unanimous consent that the Senate Committee on the Judiciary, Subcommittee on Antitrust, Competition Policy and Consumer Rights, be authorized conduct a hearing entitled ``An Examination of the Google- DoubleClick Merger and the Online Advertising Industry: What are the Risks for Competition and Privacy?'' on Thursday, September 27, 2007, at 2 p.m. in the Dirksen Senate Office Building room 226.

Mr. KENNEDY

Mr. KENNEDY. Mr. President, I ask unanimous consent that Christopher Caple and Monica Thurmond from Senator Bill Nelson's staff and David Pozen of my staff be accorded the privileges of the floor.

Mr. KENNEDY

Mr. KENNEDY. Mr. President, I thank my colleague from North Carolina for extending the courtesy of my being able to proceed. We have been moving back and forth. I understand there is 20 minutes left for the Democrats, and the Senator from Pennsylvania has taken 5; am I correct? How much time remains?

Mr. KENNEDY. I yield myself 7 minutes, and I ask the Chair to remind me when there is 1 minute left. Mr. President, I think this debate over the course of the day has been enormously constructive. I think the American people have been watching it, and they have a much clearer idea about the alternatives that are before us. They should know by this time that when all is said and done, this program, the SCHIP program, was fashioned to try to look after the working poor, recognizing that Medicaid dealt with the very poor but that the working poor were finding increasing pressure and were, in increasing numbers, unable to get any kind of health insurance. That was basically the targeted area. As we reviewed earlier in the course of the discussion, this was basically a State-run program. Using the private sector, it has guidelines as to what the health care coverage should be in various areas, but the States make those judgments and decisions--quite a bit different from Medicaid. So the origin of it, having listened to some of this debate, it is important to note this is very different from other kinds of Federal programs but not greatly dissimilar from what the President has indicated that he supported in the prescription drug program. It was initially using the cigarette tax money that was a part of the settlement earlier, where we were using it, and therefore the relationship with the increase in the cigarette tax at the present time. Now, Mr. President, I only have a few minutes here, and we have gone through these charts about how this is covering 6 million and we expect that to go to 10 million. We have also reviewed the fact that when we look at the comparison with adults and children, we can see under this program that uncovered children have gone down dramatically and the adults have gone up. So this has been an extraordinary success. CBO has indicated this is the best way. If we are interested in covering children, CBO has indicated this is the way. The point I wish to make in the time I have remaining is that when all is said and done, when we vote--and we are going to vote in just a little while--the American families ought to realize a very important fact; that is, every single Member of the Senate, with the exception of one, has comprehensive health care and our children are all covered. Understand that, America? All of our children are covered. All of our children are covered. The next thing to know, Mr. And Mrs. America, your taxpayer money is paying for 72 percent of our health care coverage cost. Do we understand that now? For those who are saying: Well, I am not going to support this because it costs too much; I am not going to support this because it may be 300 percent of poverty, we get paid $160,000. We are well above the 200, the 300, the 400 percent of poverty level. Yet we are going to have Members on the floor of the Senate this afternoon who are going to turn thumbs down to American families who are watching this debate and knowing that our premiums, our health insurance is being paid for by the American taxpayers. I wonder how people do that. I wonder how they do it. You would think, if they are so offended about Federal Government spending or a Federal Government program, they wouldn't use it themselves. But, no, they do. They will take it. But when it comes to looking out for working families, there are going to be many in this Chamber who will say: No, we are not going to look out for working families. You can go ahead and pay for mine--I get my children covered--but we don't think the Federal Government ought to be tampering with this issue. We don't think the Federal Government ought to be looking into whether it is going to have a program to provide coverage for the sons and daughters of working families who cannot afford a $10,000 health insurance program that would cover themselves and their families although the taxpayers are paying for ours. Mr. President, this is extraordinary hypocrisy we are about to see here on the floor of the Senate. How can people in good faith do this and still accept the Federal Government help? How can they be complaining all afternoon about a Federal Government program and then have a better Federal program paying for their own--paying for their own. It is just hypocrisy of the greatest sort, and I think that is something that is important. The most important point has been mentioned eloquently by many of my colleagues; that is, the importance of covering those children. The most important point is that too many parents will cry themselves to sleep tonight wondering whether their child is $200 sick because they may have to go to the emergency room. That is the heart of this. Before we all get worked up, Mr. President, it is important to note what the financial bottom line on this is too. What has been pointed out over the course of the past days, again, is the question of priorities. We see in this chart here what we are talking about-- priorities. That is what this vote is. Do we want to say we can cover, for 1 day in Iraq at a cost of $300 million, 246,000 children; for 1 week in Iraq at $2.5 billion, 1.7 million children; or for 41 days at a cost of $12.2 billion, 10 million kids?

Mr. KENNEDY. Mr. President, this is a choice. There are those who want to continue the ongoing flow of resources to Iraq when we have asked our military to do everything they could, and they have done it with great valor, and yet still the Iraqi politicians cannot get it together. They are holding American service men and women hostage-- hostage. The blood of American servicemen is flowing in Baghdad, and this is wrong. This is an issue of priorities. I believe we ought to invest in the children, and I think we have benefited enough here in the Senate from our own largess from the Federal taxpayers in terms of supporting ourselves that we should be ashamed if we cannot see the responsibility we have to look after children of working families in this country. I thank the Chair, and I yield the floor.

Mr. KENNEDY

Mr. KENNEDY. Mr. President, next April, the people of Northern Ireland will commemorate the 10th anniversary of the Belfast Agreement, which did so much to put Northern Ireland on the path to end the violence that had afflicted the population for three decades, and achieve the longstanding goal of peace. On September 20, the Irish Times published a perceptive article by Trina Vargo, President of the U.S.-Ireland Alliance emphasizing that more remains to be done and urging the people of Belfast to this auspicious anniversary as an opportunity to remove the so-called ``peace'' walls that continue to divide the Protestant and Catholic communities in Belfast. The walls are still serving as physical and psychological barriers between the two communities, and Ms. Vargo's article offers a timely and creative idea that could have a widespread beneficial impact in Northern Ireland. Analogizing it to the fall of the Berlin Wall, she suggests that the simple act of removing walls can be a significant gesture in breaking down barriers in a community and promoting progress and unity. Ms. Vargo was a member of my staff and did an excellent job on the issue of Northern Ireland for many years, and I believe her article will be of interest to all of us in Congress, especially those who worked with Ms. Vargo on this issue. I ask unanimous consent that the article be printed in the Record.