Arlen Specter

Mr. SPECTER

Mr. SPECTER. Mr. President, I commend my distinguished colleague from Iowa for his leadership on this very important issue. I spoke briefly yesterday about the matter and expressed my agreement with the basic thrust of what the Senator from Iowa is seeking to accomplish. There is no doubt that we face a tremendous potential problem with the impact, which could be devastating, as Senator Harkin has outlined. We have been awaiting a plan from the administration because in the normal course of events, with the expertise at the Department of Health and Human Services and the Centers for Disease Control, we would look to the administration to give us an appraisal as to what their plans are, what their evaluation has been, and how much money they think they need. Senator Harkin has gone over a number of facts and factors, but the executive branch has more at its disposal than does the Congress, at least at this stage. Our subcommittee has scheduled a hearing on this issue. It is fair to say that we have been under a heavy workload in preparing this bill, and we have had other very heavy commitments, most notably in the confirmation proceedings which were recently concluded for Chief Justice Roberts, and the confirmation hearings which have been intense for Ms. Harriet Miers until her withdrawal this morning. We have been in touch with the executive branch and have sought to get information from them as to what they would like to have done. And I have a call in to Secretary Leavitt at the moment, the Secretary of Health and Human Services, to get as much information as we can from the executive branch. We have been exploring an alternative and are in the process of modifying the amendment from the Senator from Iowa to call for the disbursement of these funds at the discretion of the President after consultation with certain designated Members of the Congress. We are now talking about the breadth of what we have in mind: The chairmen and ranking members of the Appropriations committees of both Houses, perhaps adding the chairmen and ranking members of the Appropriations subcommittees on labor, health and human services and education. Also, the suggestion has been made about having the chairmen and ranking members of the committees on health, education, labor, and pensions. We are trying to sort through that now to have a workable consultation but leaving the judgment to the President. We are well aware of the very substantial sum of money which is in this amendment, in the range of $8 billion. We are also well aware of the scope and magnitude of the problem. It would have to receive 60 votes to have an emergency designation but, again, with the expenditures in the hands of the President, there is about as good an assurance as you can have it would be wisely disbursed. At any rate, we are in the midst of trying to work this through. If the Congress does not act--we are not too far away from adjournment-- the funding will not be present. The President can't spend money without the appropriation coming from the Congress. If there is to be an emergency supplemental, all of that takes time. And once you go through a supplemental, then there is the risk of it becoming a Christmas tree with many other items being included. So when we have the appropriations for the Department of Health and Human Services and this subcommittee working with that Department and with the Centers for Disease Control, we are the logical subcommittee to take up the issue and to grapple with it. We, obviously, are very concerned about the responsibility for appropriating this kind of funding. So that is where we stand. I note the senior Senator from Illinois has come to the floor, and Senator Harkin and I would urge anyone else who wants to speak to come to the floor now because we are going to be moving for a vote on this subject in the immediate short timespan.

Mr. SPECTER. Technically, I raise a point of order that the amendments are nongermane.

Mr. SPECTER. Now the Alexander amendment 2308, as modified.

Mr. SPECTER. Mr. President, I call up the Sununu amendment numbered 2214, as modified.

Mr. SPECTER. Mr. President, I call up the Bingaman amendment numbered 2219, as modified.

Mr. SPECTER. Amendment No. 2269, the Lautenberg amendment, provides for a prohibition for the use of funds for abstinence education information that has proved medically inaccurate. Again, it has been cleared on both sides of the aisle.

Mr. SPECTER

Mr. SPECTER. Mr. President, I ask unanimous consent that the Committee on Veterans' Affairs be authorized to meet during the session of the Senate on Thursday, October 27, 2005, for a committee hearing titled ``The Rising Number of Disabled Veterans Deemed Unemployable: Is the System Failing? A Closer Look at VA's Individual Unemployment Benefit.'' The hearing will take place in room 418 of the Russell Senate Office Building at 2 p.m.

Mr. SPECTER. Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on October 27, 2005 at 2:30 p.m. to hold a closed briefing.

Mr. SPECTER. Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet to conduct a markup on Thursday, October 27, 2005 at 9:30 a.m. in Senate Dirksen Office Building room 226. Agenda: I. Nominations: Wan Kim, to be an Assistant Attorney General, Civil Rights Division; Steven G. Bradbury, to be an Assistant Attorney General for the Office of Legal Counsel; Sue Ellen Wooldridge, to be an Assistant Attorney General, Environment and Natural Resources Division; and Thomas O. Barnett, to be an Assistant Attorney General, Antitrust Division. II. Bills: S. 1088, Streamlined Procedures Act of 2005, Kyl, Cornyn, Grassley, Hatch; S. 1789, Personal Data Privacy and Security Act of 2005, Specter, Leahy, Feinstein, Feingold; S. 751, Notification of Risk to Personal Data Act, Feinstein, Kyl; S. 1699, Stop Counterfeiting in Manufactured Goods Act, Specter, Leahy, Hatch, DeWine, Cornyn, Brownback, Feingold, Durbin; S. 1095, Protecting American Goods and Services Act of 2005, Cornyn, Leahy; H.R. 683, Trademark Dilution Revision Act of 2005, Smith--TX; S. 1787, Relief to Victims of Hurricane Katrina and Other Natural Disasters Act of 2005, Vitter, Grassley, Cornyn, DeWine; S. 1647, Hurricane Katrina Bankruptcy Relief and Community Protection Act of 2005, Feingold, Leahy, Durbin, Kennedy, Feinstein; and S.J. Res. 1, Marriage Protection Amendment, Allard, Sessions, Kyl, Hatch, Cornyn, Coburn.

Mr. SPECTER. Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on October 27, 2005, at 9:30 a.m., in closed session to mark up S. 1803, the Intelligence Authorization Act for fiscal year 2006.

Mr. SPECTER. Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on October 27, 2005, at 10 a.m., to conduct a hearing on ``Issues Regarding the Sending of Remittances and the Role of Financial Institutions.''

Mr. SPECTER. Mr. President, I ask unanimous consent that the Committee on Indian Affairs be authorized to meet on Thursday, October 27, 2005, at 9:30 a.m. in room 485 of the Russell Senate Office Building to conduct a business meeting on the following bills: (1) S. 1057, the Indian Health Care Improvement Act amendments of 2005. (2) S. 1003, The Navajo-Hopi Land Settlement amendments of 2005. (3) S. 692, A bill to provide for the conveyance of certain public land in northwestern New Mexico by resolving a dispute associated with coal preference right lease interests on the land. (4) S.___, A bill to extend the statute of limitations for breach of trust claims. (5) S. 1219, A bill to authorize certain tribes in the State of Montana to enter into a lease or other temporary conveyance of water rights to meet the water needs of the Dry Prairie Rural Water Association, Inc. Those wishing additional information may contact the Indian Affairs Committee.

Mr. SPECTER. Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on Thursday, October 27 at 10 a.m. The purpose of this hearing is to receive testimony from the administration on hurricane recovery efforts related to energy and to discuss energy policy.

Mr. SPECTER

Mr. SPECTER. Mr. President, Senator Levin's amendment No. 2282 provides for the Secretary to undertake a family unification effort. No funding is involved. It is language only. It has been cleared by Senator Harkin.

Mr. SPECTER. I thank my distinguished colleague, and I yield the floor.

Mr. SPECTER. Mr. President, I am not fully conversant with all of the details on the issues raised by the Senator from Michigan. I have been asked by staff to lodge an objection. I was present yesterday when we took up that issue. I have not seen the level of confusion in this Chamber in the 25 years I have been here that was present when the Senator from Michigan asked unanimous consent, the Senator from Virginia asked to add on, and then the Senator from New Mexico ultimately spoke about holds. It was utter confusion in the midst of rollcall votes, trying to move this bill along. I respect the standing of the Senator from Michigan to make this unanimous consent request, but I suggest she defer it until next week when the Senators are on the floor who understand what the issues are. You have jurisdiction on the Committee on Environment and Public Works, I believe, and Senator Inhofe and I were talking about it today. I do not want to stop whatever the Senator from Michigan wants to accomplish, but the proper Senators ought to be here to address the issue. I am the last Mohican around here for Republicans, although they could have gotten the Chair, Senator Chafee, to raise an objection. The Presiding Officer could suggest the absence of a quorum and raise the objection. In fact, I might just refer to him to raise the objection. However, having said what I said, I do object, and it is my hope the Senator from Michigan will give notice to the Senators who are involved and know what is going on, give them notice and a chance to hear what you have to say and then the matter can be resolved. But I do object.

Mr. SPECTER. Mr. President, I very much appreciate those very generous remarks by Senator Harkin, and I appreciate even more his cooperation and leadership on this important subcommittee, working with health and education, the two major capital assets of Americans, and labor and related agencies. It is an important bill, and I think we have crafted it about as well as you can, given the limitations of the resources. There is a lot more I could say, but Senator Byrd is waiting to speak, so I will just reference the appointment of conferees. I ask unanimous consent that the Senate insist on its amendments to H.R. 3010, request a conference with the House of Representatives on the disagreeing votes thereon, and that the Chair be authorized to appoint conferees on the part of the Senate.

Mr. SPECTER. Mr. President, will the Senator yield for a question?

Mr. SPECTER. Mr. President, the plan at this point, under the unanimous consent agreement already reached, is to have a 15-minute plus 5 rollcall vote on the Boxer amendment, a 10-minute rollcall vote plus 5 on the Ensign amendment, and then we will be very close to final passage. The concern has been to submit the colloquies and have a few voice votes now, but I want to be sure when our colleagues come to vote on these two amendments we know the lay of the land, in case anybody has not been notified and wants to have a further consideration. But it would be the anticipation of the managers, following these two votes, there would be a very brief period of time, and then we would go to final passage and conclude the bill. I yield the floor. Vote on Amendment No. 2287, as Modified

Mr. SPECTER. Mr. President, the Senator from Massachusetts has an amendment which Senator Harkin and I have discussed with him. I believe it is acceptable. I yield now to Senator Kerry so he can state his amendment.

Mr. SPECTER. I suggest the absence of a quorum.

Mr. SPECTER. Mr. President, I now call up amendment No. 2262, as modified, proposed by Senator Bingaman.

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

Mr. SPECTER

Mr. SPECTER. Mr. President, I have sought recognition to introduce, along with Senators Biden and Brownback, the Second Chance Act of 2005: Community Safety through Recidivism Prevention. This legislation is designed to reduce recidivism among adult and juvenile ex-offenders. Never before in our history have so many individuals been released from prison and never before in our history have so many ex-offenders been is prepared to reenter their communities. Each year, more than 650,000 individuals are released, which roughly equates to about 1,700 individuals returning communities each day. This number is expected to grow in the near future as more inmates complete their prison terms. For most offenders, the transition back into their communities is difficult because many lack the necessary skill to ensure a successful reentry. Many suffer from serious substance abuse addictions and mental health issues. Many have difficulty securing a job or adequate housing and often find themselves lured back to a life of crime. A study conducted by the Bureau of Justice Statistics reported that over two- thirds of released prisoners were rearrested within three years and one-half of those rearrested were convicted and re-incarcerated. This high rate of recidivism devastates our towns and communities and puts an enormous strain on state and local budgets. The Second Chance Act reauthorizes the Adult and Juvenile Offender Reentry Demonstration projects, authorizing the Attorney General to make grants to States and local governments to establish offender reentry projects, with an enhanced focus on job training, housing, substance abuse and mental health treatment, and working with children and families. It also creates a new grant program available to nonprofit organizations for the purpose of providing mentoring and other transitional services essential to reintegrating ex-offenders. The Second Chance Act encourages new community partnerships to help educate, train, and employ these individuals who might otherwise return to a life of crime. Many ex-offenders are often stigmatized by their incarceration, and must face the reality that many employers are reluctant to hire them. A National Adult Literacy Study determined that a majority of prisoners are either illiterate or have marginal reading, writing, and math skills. Following the repeal of Pell Grant eligibility for incarcerated individuals, I worked to create the Grants to States for Workplace and Community Transition Training for Incarcerated Youth Offenders program. This program is aimed at providing post-secondary education, employment counseling, and workplace and community transition training for incarcerated youth offenders while in prison, which continue for up to one year after the individual is released. The current program limits expenditures per youth offender to $1,500 for tuition and books, and only allows an additional $300 for other related services. The Second Chance Act builds upon my earlier efforts by increasing State's flexibility and accountability within the grant program. It removes the cap and raises the allowable expenditure permitted for each youth offender to the maximum level of Pell Grants. One of the keys to preventing recidivism is access to education an in recognizing the impact that education an job training can have on incarcerated offenders. It is my sincere hope that this legislation will encourage incarcerated individuals to achieve their independence and to gain the necessary skills to become productive members of society. Another crisis that well face is the growing populations of prisoners who are parents. More than half of those currently incarcerated are parents of minor children. Female incarceration rates are increasing faster than those men, totaling 7 percent of the prison population. Of those incarcerated, 80 percent are mothers with, on average two dependent children. What is most troubling is that two-thirds of their children are younger the the age of 10. The incarceration of a parent can have a tremendous impact on childhood development. Prison presents a unique opportunity to improve a prisoner's ability to become a better part once they are released. Unfortunately, many of our prisons do not employ such programs, due to fiscal constraints as well as a shift in priorities. The Second Chance Act of 2005 encourages the creating of programs that facilitate visitation, if it is in the best interest of the child. It also directs the Secretary of Health and Human Services to establish services to help preserve family units, with special attention paid to the impact on the child of an incarcerated parent. There is ample evident that well-designed reentry programs reduce recidivism. Programs such as aftercare for substance abusers and adult vocational education have shown to reduce recidivism up to 15 percent. These programs pay for themselves by reducing future correction costs associated with re-housing these individuals upon their return back into the institution. The revolving door of prisons not only hurts those who are caught up in the process, but hurts their families and our communities. If we fail to address this problem, 1e are burdening our communities not only with greater expenditures, but in the risk of increased crime and unsafe neighborhoods. The more we can do to prepare these individuals when they return home, the better off we will all be. I urge my colleagues to join me in cosponsoring this legislation, and urge its swift adoption.

Mr. SPECTER

Mr. SPECTER. Mr. President, I have sought recognition to introduce, along with Senators Biden and Brownback, the Second Chance Act of 2005: Community Safety through Recidivism Prevention. This legislation is designed to reduce recidivism among adult and juvenile ex-offenders. Never before in our history have so many individuals been released from prison and never before in our history have so many ex-offenders been is prepared to reenter their communities. Each year, more than 650,000 individuals are released, which roughly equates to about 1,700 individuals returning communities each day. This number is expected to grow in the near future as more inmates complete their prison terms. For most offenders, the transition back into their communities is difficult because many lack the necessary skill to ensure a successful reentry. Many suffer from serious substance abuse addictions and mental health issues. Many have difficulty securing a job or adequate housing and often find themselves lured back to a life of crime. A study conducted by the Bureau of Justice Statistics reported that over two- thirds of released prisoners were rearrested within three years and one-half of those rearrested were convicted and re-incarcerated. This high rate of recidivism devastates our towns and communities and puts an enormous strain on state and local budgets. The Second Chance Act reauthorizes the Adult and Juvenile Offender Reentry Demonstration projects, authorizing the Attorney General to make grants to States and local governments to establish offender reentry projects, with an enhanced focus on job training, housing, substance abuse and mental health treatment, and working with children and families. It also creates a new grant program available to nonprofit organizations for the purpose of providing mentoring and other transitional services essential to reintegrating ex-offenders. The Second Chance Act encourages new community partnerships to help educate, train, and employ these individuals who might otherwise return to a life of crime. Many ex-offenders are often stigmatized by their incarceration, and must face the reality that many employers are reluctant to hire them. A National Adult Literacy Study determined that a majority of prisoners are either illiterate or have marginal reading, writing, and math skills. Following the repeal of Pell Grant eligibility for incarcerated individuals, I worked to create the Grants to States for Workplace and Community Transition Training for Incarcerated Youth Offenders program. This program is aimed at providing post-secondary education, employment counseling, and workplace and community transition training for incarcerated youth offenders while in prison, which continue for up to one year after the individual is released. The current program limits expenditures per youth offender to $1,500 for tuition and books, and only allows an additional $300 for other related services. The Second Chance Act builds upon my earlier efforts by increasing State's flexibility and accountability within the grant program. It removes the cap and raises the allowable expenditure permitted for each youth offender to the maximum level of Pell Grants. One of the keys to preventing recidivism is access to education an in recognizing the impact that education an job training can have on incarcerated offenders. It is my sincere hope that this legislation will encourage incarcerated individuals to achieve their independence and to gain the necessary skills to become productive members of society. Another crisis that well face is the growing populations of prisoners who are parents. More than half of those currently incarcerated are parents of minor children. Female incarceration rates are increasing faster than those men, totaling 7 percent of the prison population. Of those incarcerated, 80 percent are mothers with, on average two dependent children. What is most troubling is that two-thirds of their children are younger the the age of 10. The incarceration of a parent can have a tremendous impact on childhood development. Prison presents a unique opportunity to improve a prisoner's ability to become a better part once they are released. Unfortunately, many of our prisons do not employ such programs, due to fiscal constraints as well as a shift in priorities. The Second Chance Act of 2005 encourages the creating of programs that facilitate visitation, if it is in the best interest of the child. It also directs the Secretary of Health and Human Services to establish services to help preserve family units, with special attention paid to the impact on the child of an incarcerated parent. There is ample evident that well-designed reentry programs reduce recidivism. Programs such as aftercare for substance abusers and adult vocational education have shown to reduce recidivism up to 15 percent. These programs pay for themselves by reducing future correction costs associated with re-housing these individuals upon their return back into the institution. The revolving door of prisons not only hurts those who are caught up in the process, but hurts their families and our communities. If we fail to address this problem, 1e are burdening our communities not only with greater expenditures, but in the risk of increased crime and unsafe neighborhoods. The more we can do to prepare these individuals when they return home, the better off we will all be. I urge my colleagues to join me in cosponsoring this legislation, and urge its swift adoption.