Floor Statements

Mr. President, I rise to introduce the Veterans Burial Benefits Improvement Act.

We must honor our U.S. soldiers who died in the name of their country. These service men and women are America's true heroes and on this day we pay tribute to their courage and sacrifice. Some have given their lives for our country. All have given their time and dedication to ensure our country remains the land of the free and the home of the brave. We owe a special debt of gratitude to each and every one of them.

Our Nation has a sacred commitment to honor the promises made to soldiers when they signed up to serve our country. As a member of the Senate Appropriations Committee, I fight hard each year to make sure promises made to our service men and women are promises kept. These promises include access to quality, affordable health care and a proper burial for our veterans.

I am deeply concerned that burial benefits for the families of our wounded or disabled veterans have not kept up with inflation and rising funeral costs. We are losing over 1,000 World War II veterans each day, but Congress has failed to increase veterans' burial benefits to keep up with rising costs and inflation. While these benefits were never intended to cover the full costs of burial, they now pay for only a fraction of what they covered in 1973, when the Federal Government first started paying burial benefits for our veterans.

I want to thank my colleagues on the Veterans Affairs Committee for working with me in the 107th Congress. Together, we were able to increase modestly the service-connected benefit from $1,500 to $2,000, and the plot allowance from $150 to $300. While I believe these increases are a step in the right direction, they are not a substitute for the amounts included in my bill.

That is why I am again introducing the Veterans Burial Benefits Improvement Act. This bill will increase burial benefits to cover the same percentage of funeral costs as they did in 1973. It will also provide for these benefits to be increased annually to keep up with inflation.

In 1973, the service-connected benefit paid for 72 percent of veterans' funeral costs. Today, this benefit covers just 39 percent of funeral costs. My bill will increase the service-connected benefit from $2,000 to $3,713, bringing it back up to the original 72 percent level.

In 1973, the non-service connected benefit paid for 22 percent of funeral costs. It has not been increased since 1978, and today it covers just 6 percent of funeral costs. My bill will increase the non- service connected benefit from $300 to $1,135, bringing it back up to the original 22 percent level.

In 1973, the plot allowance paid for 13 percent of veterans' funeral costs. Yet it now covers just 3 percent of funeral costs. My bill will increase the plot allowance from $300 to $670, bringing it back up to the original 13 percent level.

Finally, the Veterans Burial Benefits Improvement Act will also ensure that these burial benefits are adjusted for inflation annually, so veterans will not have to fight this fight again.

This legislation is just one way to honor our Nation's service men and women. I want to thank the millions of veterans, Marylanders, and people across the Nation for their patriotism, devotion, and commitment to honoring the true meaning of Memorial Day. U.S. soldiers from every generation have shared in the duty of defending America and protecting our freedom. For these sacrifices, America is eternally grateful.

I ask unanimous consent that the text of this legislation be printed in the Record.

Mr. President, as Dean of the Senate Women, I rise on this day in Women's History Month to honor the unique contributions women have made to America since its beginning and to pay my respects to all the forgotten women who have served this country. Women's roles in history are often overlooked and undervalued. But we have shaped, and continue to shape, society--not only in terms of battles fought and won--but through great social movements.

Women were the driving force behind the abolitionists, who helped end slavery and fought for the fourteenth amendment. And, of course, women led the suffragist movement, which sought to curb domestic violence by ending drinking and gave women control of their lives with the right to vote. The list goes on and on--and it is still growing.

Last month, we said goodbye to a true pioneer for women's rights-- Betty Friedan. Ms. Friedan opened Americans' minds to the possibility of a new role for women in our country with her book, ``The Feminine Mystique.'' She provided the spark in 1963 to launch another movement for women's rights. And she kept that fire going--dedicating her life to fighting for equality, founding the National Organization for Women and NARAL, and cofounding the National Women's Political Caucus with Gloria Steinem and myself.

Last month, Maryland and the world also said hello to another female star in her own right--Kimmie Meissner of Bel Air, MD, who took sixth place in Olympic women's figure skating. Every March, we point to those women who have come before us and who have paved the way for current advances, but it is only right and proper that we also salute the ones who are making history as we speak and inspiring other young women to follow their dreams. This year, we salute Kimmie Meissner and the honor she brought Maryland and our great Nation with her talent, skills and sportsmanship.

The passion that inspired both of these women is the same that helped me to realize my own dreams--giving me the courage to break the glass ceiling as a social worker, a Baltimore City councilwoman, a U.S. Congresswoman and now as a U.S. Senator. That is why I sponsored legislation as a Congresswoman in 1981 to establish a Women's History Week and then in the Senate to expand the observance into Women's History Month in 1987.

As the first Democratic woman elected to the Senate in her own right in 1986, I have seen the Senate women grow to the nine Democratic women Senators and 14 total women we have now. Today, I am Dean of the Senate Women--welcoming and guiding women Senators when they first take office and building coalitions to get things done once they are here.

Together, we have been working to add to the legacy of women's history, and every year during this month we are especially reminded of our ongoing fight for equality. Since 1992, women Senators have tripled funding for domestic violence shelters, increased funding for child care by 68 percent and small business lending to women by 86 percent. And we have passed such important legislation as the Family and Medical Leave Act, the Violence Against Women Act, and the Breast Cancer Research Stamp Act.

One of the issues that has been most important to me is women's health. When I first came to the Senate, women's health wasn't a national priority. But since then I have helped to establish an Office of Research on Women's Health at the National Institutes of Health, to increase women's involvement in clinical drug trials, and to increase funding for breast cancer research by 700 percent since 1992. I will continue to fight to make sure that women's health remains a priority in the Federal checkbook and that women are not left behind when it comes to their survival.

This year in the Senate I have also been fighting to save American workers' pensions. Women are more likely to have either lower pensions than men or no private pension at all. That is why it is so important to make sure their retirement is secure. And that is why I fought with my colleagues to improve retirement security for women by ensuring better survivor benefits and better rights for divorced women in the new pension legislation.

Because women are less likely to have these private pensions, make less money than men on average, and are more likely to work fewer years than men due to family responsibilities, Social Security is also of particular importance to us. Last year, I successfully fought to protect Social Security from privatization so that women and all people are guaranteed lifetime, inflation-proof Social Security. I truly believe that privatization of Social Security would have been a bad deal for women and would have increased poverty among them. Whether mothers are at home raising children or in the workplace, Social Security must remain a guaranteed benefit, not a guaranteed gamble. That is why I will continue to stand sentry to keep the `security' in Social Security.

And I will continue fighting to close the wage gap between men and women. Women make this country run--we are business leaders, entrepreneurs, politicians, mothers and more. But even in 2006, women who work full-time year round earn only 76 cents for every $1 their male counterpart makes.

There are many terrific accomplishments we have made and are continuing to make in the ongoing struggle for women's equality. I am so proud of the women who I serve with in the Senate and the work that we do, but I am reminded, especially during this month, that we can do more. Betty Friedan, Kimmie Meissner, and millions of women past and present serve as models for unwavering advocates for equality, justice, women and positive change. So during this Women's History Month I not only honor their courage and hard work, I vow to carry on their legacy.

Mr. President, I rise today to honor Kimmie Meissner, a great Olympian and the pride of Bel Air, MD. We in Maryland are so proud of Kimmie. Sixth at the Olympics at the age of 16 is a monumental achievement.

Like many of my colleagues, I was glued to the television set to watch our U.S. athletes in Torino. I was so impressed with Kimmie's performance, I only wish I could have been there to lead the applause for our hometown girl. She may have come in sixth in Torino, but she came in first in the hearts of the people of my great State.

But Kimmie's accomplishments didn't begin in Torino. She began her figure skating career 10 years ago at the age of 6. At the age of 6. She has been a true student athlete for almost her entire life, balancing her school work with her training. Kimmie goes to Fallston High School in Harford County every day, and when school is over she drives to Delaware to train for her second shift as a competitive figure skater.

Kimmie shows maturity far beyond her years, both on and off the ice. She supports the Leukemia Society and the Johns Hopkins Hospital Children's Center, taking time out of her life to visit with sick young people.

On the ice, Kimmie couldn't have a better attitude. She says her motto is, ``enjoy what you do; do what you enjoy.'' I can think of few young people who have such a thoughtful approach to life. At 16 years old, she has the brightest future of anyone of our Olympic skaters, and I can't wait for the Vancouver Olympics in 2010.

March is Women's History Month and the time when we celebrate the achievements and struggles of women in America. Frequently, we point to those who have come before us and who have paved the way for current advances. But it is only right and proper that in this 2006 Women's History Month, we salute young women like Kimmie and the honor she brought the United States with her talent, skill, and sportsmanship.

Thank you, Kimmie, for making us so proud. Thank you for representing all that is good and true about America's young people. And though I cannot tell a salchow from an axel, let alone a loop from a lutz, even I could recognize your grit, grace, and promise of an even more glittering future.

Mr. President, I rise today during Black History Month to celebrate and remember the rich history of the millions of African Americans who have made this country what it is today.

It is a time to honor leaders from across the country--some who are well known and others who are almost forgotten. It is a time to cherish the pioneers to give them the recognition they deserve and to preserve their names, faces, and stories for generations to come.

This Black History Month, we especially remember and mourn the recent loss of two of the key players in the civil rights movement Rosa Parks and Coretta Scott King.

In October, we said goodbye to the ``First Woman of Civil Rights,'' Rosa Parks. When Ms. Parks refused to give up her seat on a city bus in Montgomery, AL, in 1955, we know that a movement had already begun, but she poured fuel on the fire--inspiring the historic Montgomery bus boycott. She refused to give up her seat to a White man because she was tired--tired of being treated like a second-class citizen, tired of being forced to move because someone else decided they deserved to sit more than she did. And she became a model and a hero for me and generations of Americans looking to make our country truly the land of the free.

And then we just lost another icon. Not only was Coretta Scott King married to Dr. Martin Luther King Jr., but she was a pioneer with her own voice in the civil rights movement at a time when women were not often recognized for their own talents and merit. She was resolute, but she was feisty--someone after my own heart. She founded the King Center for Nonviolent Social Change and saw to it that the center became deeply involved with the issues that she believed breed violence-- hunger, unemployment, voting rights and racism. And when her husband was tragically shot, she comforted a nation that was torn apart. She is the reason we have a national holiday that honors Dr. King.

While we remember the lives and deeds of Rosa Parks, Coretta Scott King, and countless others, we need to honor their memory not just with words, but with deeds. We need to reexamine what this country must still do to ensure equality every day. We need to evaluate the work we still need to do to guarantee that African Americans are not left behind when it comes to the issues that matter.

This Black History Month, I am still concerned and dedicated to fighting for the issues that matter to African Americans. We must make higher education more affordable for families. We must fight for adequate health care. We must fight to keep our neighborhoods and communities safe. We must fight to make sure the needs of Hurricanes Katrina survivors are not forgotten.

The cost of college tuition has been skyrocketing. It is putting stress on the families and students who have to struggle just to be able to pay their bills. That is why I have introduced legislation to create a tuition tax credit to families and to students who pay for their own tuition. This legislation would offer a tax credit of up to $4,000 a year per student to help them with the cost of the education they deserve. America needs our young people to know that they will not be limited by the size of their wallet to follow their big dreams.

I also want to assure African Americans that they are not limited in the health care they receive because of spartan or skimpy funding for the health issues that affect them most. That is why I teamed up with Congresswoman Stephanie Tubbs Jones in the Uterine Fibroids Research and Education Act of 2005, to double fibroid research funding and to launch an education campaign for patients and physicians. Uterine fibroids are a terrible, painful ailment that plague mostly African- American women. Fibroids affect the entire family--not only the woman who has to endure them but also those who love her and who hate to see the lady they love in so much pain. They have gone ignored for too long. We need to fight for the resources to find the cause, to find better treatments, and hopefully to find a cure for this devastating disease so that women and families don't have to deal with this pain in their lives.

Families also want to know the neighborhoods they live in are safe. The number of gangs nationwide and in my own home State of Maryland has been rising. Families don't want to have to worry about gang violence in their streets. That is why in Maryland I have helped launch a statewide antigang initiative that I hope can serve as a model for the country. This initiative will not only go after the bad guys through suppression and enforcement, but it will offer prevention and intervention efforts to help the good kids in the communities who are trying so hard. Mothers and fathers shouldn't have to worry about losing their children to gang violence in their neighborhoods, and that is why I am going to continue to give help to our communities to protect themselves.

We need to offer protection to the survivors of Hurricane Katrina in the gulf coast communities because the Federal Government really let them down. I know the African-American community feels very prickly about this and feels abandoned. They should know that even though President Bush hires cronies and doesn't have competent people working for him, the American people haven't abandoned them. We are going to work to rebuild the communities in Louisiana. We are going to get the survivors housing and jobs and health care. We are going to open the schools. We are going to stick with them, and we are going to fight for them.

So this year during Black History Month, I honor the memories of the great leaders who have come before us with my commitment to fighting for these important year-round issues. And I am going to do it not just with words, but with deeds. I urge you all to join me.

Mr. President, I rise today to honor the life and legacy of my friend, Betty Friedan. She opened the minds of Americans to the possibility of a new role for women in our country. She provided the spark that has helped make the ambitions of so many women come true.

This spark helped me realize my own dreams. It allowed me to become a social worker, a Baltimore City councilwoman, a U.S. Congresswoman, and now a U.S. Senator. Betty Friedan's spark inspired women to realize our full potential.

Betty Friedan was born Bettye Goldstein in Peoria, IL, in 1921. She graduated summa cum laude from Smith College in 1942 before accepting a fellowship for graduate study in psychology at the University of California, Berkeley. She did not finish her fellowship at Berkeley, however, because a male friend at the time discouraged her from doing so. This may have been the beginning of Betty Friedan's awareness of the troubled station women were expected to fill.

In 1947, Betty Goldstein married Carl Friedan. The newlyweds moved to a home in suburban New York and started a family. It was during this time that Ms. Friedan began to consider why she and so many of the women she knew yearned for more choices on how to live their lives. Her book, the ``Feminine Mystique'', is considered one of the most influential works of the 20th century. In it, she examined the issues of limited choices and limited career prospects for American women. ``The Feminine Mystique'' changed the face of America.

``The Feminine Mystique'' challenged American society to reevaluate the role of women in our country. The feminism that Betty Friedan embraced provided a spark for people like me to speak up and speak out.

Ms. Friedan founded the National Organization for Women in 1966, where she served as the first president, before going on to found NARAL in 1969.

Two years later, I entered my first race for public office and won a seat on the Baltimore City Council. I then joined Betty Friedan, Gloria Steinem and many other women in founding the National Women's Political Caucus.

Betty Friedan paved the way for women when she wrote ``The Feminine Mystique'' and she devoted the rest of her life to the cause of equality, vaulting it to the forefront of the American conscience. Ms. Friedan was an unwavering advocate for equality, justice, women, and positive change.

I honor Betty Friedan for her courage and her creativity--and thank her for all that she did for me and for women everywhere.

Mr. President, I rise to salute the life and legacy of Coretta Scott King. She earned a place not just in our history but in our hearts. She was a true trailblazer for women, for the African- American community. She was an inspiration for all Americans. I feel privileged to have known Mrs. King throughout much of my political career. Her family is in my thoughts and prayers.

Mrs. King's courage and faith were remarkable. She insisted that she had her own voice in the civil rights movement at a time when women were often not recognized for their own talents and merit. Not only was she resolute, but she was feisty--someone after my own heart.

Mrs. King's life story was remarkable--even before she met Dr. King. She was born into rural poverty in Alabama and grew up in a two-room house that her father built. She came from a hard-working family. Her father hauled timber, owned a country store, and worked as a barber. Her mother drove a schoolbus. Growing up in the segregated South, Coretta Scott King saw the injustices of racial discrimination. Yet she saw the value in working hard and fighting for her dreams. She attended college and the New England Conservatory, where she trained as a classical musician.

It was while studying music in Boston that she met Martin Luther King, Jr. From the beginning of their marriage, Coretta Scott King maintained her own identity and voice. She was Dr. King's true partner marching by his side and speaking out on her own. At the same time, she was a mother, raising four children. The entire family lived with threats and intimidation.

We all remember those tragic days after the assassination of Martin Luther King. She comforted a nation that was torn apart. She is the reason we have a national holiday that honors Dr. King.

She fought for equality before the law, for economic justice, and for lifting people out of poverty. Her vision was put to action when she founded the King Center for Nonviolent Social Change and saw to it that the center became deeply involved with the issues that she believed breed violence--hunger, unemployment, voting right, and racism.

Coretta Scott King took her message of nonviolence to every corner of this country and to almost every corner of the world. She led missions to Africa, Latin America, Europe, and Asia. She was the first woman to give a class-day address at Harvard and the first woman to preach at the statutory service at St. Paul's Cathedral in London, England.

Coretta Scott King will be remembered throughout American history for her grace, strength, and belief that all people should be treated with dignity and equality. We must honor her legacy not just with words but with actions. We must recommit ourselves to the principles she stood for--opportunity, equality, and empowerment.

Mr. President, I'd like to thank my colleagues: Senator Pete Domenici, Senator Jeff Bingaman and Senator Lamar Alexander for their effort in moving this issue. I am so proud of our great bipartisan team. I can't say enough about the appreciation that many of us in the Senate feel about their initiation of the report, ``Rising Above the Gathering Storm,'' which is the basis for our legislation, the PACE Act.

America must remain an innovation economy. This legislation creates the building blocks that we need for a smarter America. Our Nation is in an amazing race--the race for discovery and new knowledge. The race to remain competitive and to foster an innovation society, to create new ideas that lead to new breakthroughs, new products and new jobs. The innovations that have the power to save lives, create prosperity and protect the homeland. The innovation to make America safer, stronger and smarter.

Our legislation is called ``Protecting America's Competitive Edge'' Act or PACE. It is divided into 3 sections: Energy, Education and Tax. It calls for: getting new ideas by doubling Federal funding for basic research in the Department of Energy with special attention going to physical sciences, engineering, math and information sciences; getting the best minds with scholarships for future math and science teachers including $20,000 scholarships from the National Science Foundation (NSF) for undergraduate students majoring in math or science along with teacher certification; visa reform for foreign science and math students so the best and brightest can stay here, creating a new student visa for doctoral students studying math and science so they can stay in the U.S. longer; and an extension of the R & D tax credit, doubling the current R & D credit, from 20 percent to 40 percent, expanding the credit to cover all research--since current law only allows credit for energy research.

Why is this so important? Because a country that doesn't innovate, stagnates. The whole foundation of American culture and economy is based on the concept of discovery and innovation. That's part of our culture. When you look at what has made America a superpower, it's our innovation and our technology. We have to look at where the new ideas are going to come from that are going to generate the new products for the 21st century.

I want America to win the Nobel prizes and the markets. This legislation will help to set the framework. It will make sure that we're helping our young people with scholarships and new visas, and helping our science teachers and those working in science with funding and research opportunities. We also are forming partnerships with the private sector, and building an innovation-friendly government.

This is so important to me and I'm going to use my committee responsibility and my work and expertise in the United States Senate to make it happen. Whether it's my position on the HELP Committee, working to pass the education piece, or in my seat as an appropriator and Vice Chair on the subcommittee that funds Science. I will work to make sure that there is money in the federal checkbook to support these important proposals.

Mr. President, I'd like to thank my colleagues: Senator Pete Domenici, Senator Jeff Bingaman and Senator Lamar Alexander for their effort in moving this issue. I am so proud of our great bipartisan team. I can't say enough about the appreciation that many of us in the Senate feel about their initiation of the report, ``Rising Above the Gathering Storm,'' which is the basis for our legislation, the PACE Act.

America must remain an innovation economy. This legislation creates the building blocks that we need for a smarter America. Our Nation is in an amazing race--the race for discovery and new knowledge. The race to remain competitive and to foster an innovation society, to create new ideas that lead to new breakthroughs, new products and new jobs. The innovations that have the power to save lives, create prosperity and protect the homeland. The innovation to make America safer, stronger and smarter.

Our legislation is called ``Protecting America's Competitive Edge'' Act or PACE. It is divided into 3 sections: Energy, Education and Tax. It calls for: getting new ideas by doubling Federal funding for basic research in the Department of Energy with special attention going to physical sciences, engineering, math and information sciences; getting the best minds with scholarships for future math and science teachers including $20,000 scholarships from the National Science Foundation (NSF) for undergraduate students majoring in math or science along with teacher certification; visa reform for foreign science and math students so the best and brightest can stay here, creating a new student visa for doctoral students studying math and science so they can stay in the U.S. longer; and an extension of the R & D tax credit, doubling the current R & D credit, from 20 percent to 40 percent, expanding the credit to cover all research--since current law only allows credit for energy research.

Why is this so important? Because a country that doesn't innovate, stagnates. The whole foundation of American culture and economy is based on the concept of discovery and innovation. That's part of our culture. When you look at what has made America a superpower, it's our innovation and our technology. We have to look at where the new ideas are going to come from that are going to generate the new products for the 21st century.

I want America to win the Nobel prizes and the markets. This legislation will help to set the framework. It will make sure that we're helping our young people with scholarships and new visas, and helping our science teachers and those working in science with funding and research opportunities. We also are forming partnerships with the private sector, and building an innovation-friendly government.

This is so important to me and I'm going to use my committee responsibility and my work and expertise in the United States Senate to make it happen. Whether it's my position on the HELP Committee, working to pass the education piece, or in my seat as an appropriator and Vice Chair on the subcommittee that funds Science. I will work to make sure that there is money in the federal checkbook to support these important proposals.

Mr. President, on behalf of the Democratic leader, I ask unanimous consent that the hour of Democratic time be controlled as follows: Mikulski, Clinton, and Kerry up to 20 minutes each, and Senator Nelson of Florida up to 5 minutes.

Mr. President, I rise to voice my opinion on the nomination of Judge Alito. I view this process with enormous seriousness. It is not like a political campaign because the Supreme Court is a lifetime appointment.

Senators are called upon to make two decisions that are irrevocable and irretrievable. One is the decision to go to war and put our troops in harm's way. A very serious decision. You can't say the next day, Whoops, I made a mistake. The other is the confirmation of a Justice of the Supreme Court. When that person goes on the Court, he or she is there for a lifetime unless they commit an impeachable offense.

This vote will have an immense impact on future generations. Judge Alito is 55 years old. We can presume that he will be blessed with good health and will serve if confirmed for at least another 20 years. He will rule on thousands of cases, which themselves will be around for decades after he has left the court. His decisions will affect the lives of virtually all Americans for generations.

This vote will have an immense impact because of who the judge is replacing, Justice Sandra Day O'Connor, the very first female ever appointed to the Supreme Court. Wow. She has been a terrific Justice of the Supreme Court, a historical figure indeed. She broke the glass ceiling of the highest Court in our land to become the first female justice on the United States Supreme Court. She has been a true pioneer in helping to pave the way for women in the legal profession. Justice O'Connor's impact on women in America reached beyond being a mentor and a role model. Because it is not only what she did for women--it was the outstanding Justice she was. She brought new perspectives to the Court, a great intellectual ability, and she brought a strong sense of independence. That is why I think she was picked by Ronald Reagan. She has been squarely in the mainstream, and often a critical swing vote, which determined which way a key case was decided. She brought the

``i'' word to the Court--not ego but intellectual rigor and integrity and independence. That is why she was such a key vote, and often her vote determined whether fundamental rights were protected or not often depended on Justice O'Connor's vote.

When we pick the nominee to replace Justice Sandra Day O'Connor, I hoped the President would have picked another woman. When he nominated Harriet Miers, I was shocked, stunned, and even repulsed by the vitriolic, vicious attack on Harriet Miers.

After Harriet Miers was withdrawn, who did they give us? Certainly, I think in all of the United States of America there was a qualified woman who could have been nominated to serve on the Court. It would have been nice if we had taken the time to find one, but I don't know if they were really looking because if you seek you shall find.

Who did the President nominate? Judge Alito.

I want to be very clear at the outset: I am going to vote to oppose the confirmation of Judge Alito, and I do so for a variety of reasons.

One, I don't know who the real Judge Alito is. Is he the Judge Alito who, when he applied for a job at the Reagan Justice Department, pandered to every right-wing cliche, message-driven focus group identified cause, attack affirmative action, one person, one vote, and all of that? Is that the Judge Alito we will have serving on the Supreme Court? He says, No, I wrote that because I was applying for a job. Hey, what is he doing here right now in the confirmation process? He is applying for a job.

The process has occurred in the public and transparent arena.

But who is he? Is he a so-called new, moderate, mainstream, ``Gee, I have always been in the middle'' kind of guy or is he the person who applied to work at Reagan Justice Department whose writings validate his pattern of thinking?

Judge Alito failed to answer too many questions during the confirmation hearing. Judge Alito refused to clarify his views and his philosophy. He has written many, many decisions as a Circuit Court Judge which are clearly out of the mainstream. He failed to clarify his positions on the constitutional right to privacy, other fundamental rights and settled law. It is also unclear if he will be able to keep his strong personal views from influencing his decisions on the highest court of the land. In the end, Judge Alito failed to answer too many questions; he appears to be out of the mainstream.

Let me tell you my criteria for deciding on a Justice--actually on any judge.

First, is the nominee competent? Judge Alito is competent. He has the highest rating of the American Bar Association. I listen to them very carefully because we consider them an important advisory group that weighs in to the Senate. I hope that same standard of looking to the American Bar is applied to other nominees in the future.

Second, does he have the highest personal and professional integrity? Personal integrity: I would say yes. By all accounts, he is an honest man. He pays his bills. His wife is devoted to him. He seems to have wonderful children.

Professional integrity: I have some flashing yellow lights here. One is the concern about how he says he is this fairminded person, always open, doesn't believe in discrimination.

I am troubled by his past membership in that very conservative Concerned Alumni for Princeton which Senator Frist and other prominent Princeton alumni repudiated. But Alito didn't. He boasted about his membership when he applied with the Reagan administration. That was the same group that didn't want women in Princeton; women weren't their kind. There are a lot of other decisions he ruled on as a judge against people who ``just weren't our kind.'' He claims he doesn't remember that he was a member of this group, but he used it to get a job. Now he doesn't want to use it to get this job.

The third criterion I have is will the nominee protect core constitutional values and guarantees that are central to our system of government?

Based on his own statements and testimony at the hearings, I have serious doubts about safeguarding civil rights, the right to privacy, and equal protection of the law for all Americans. That is the bedrock of our democracy. We are left to wonder if he will protect fundamental rights--the right to be free from unnecessary Government intrusion. In the hearings, he had many opportunities to let us know whether he would secure those rights.

Then he didn't clear up uncertainties. He didn't clarify his record. He didn't candidly and completely answer the key questions that would tell the American people where he stands on critical issues. With the hearings over I am still asking who is the real Judge Alito?

First, let's take the issue of civil rights. One of the most important civil rights is the right to vote. Yet Alito left me with serious doubts on what his true views are. When applying for a job in the Reagan administration, Alito said he strongly disagreed with the Warren Court on legislative reapportionment which became the bedrock principle of one person, one vote. That Supreme Court decision changed the face of America. It changed the face of how districts were drawn up, and made sure, therefore, that people truly could be represented in legislative bodies.

He later said in the judiciary hearings that the one person, one vote doctrine is settled law. But he couldn't explain why he wrote the other statement on his job application or why his opposition to the Warren Court's decisions inspired him to go to law school.

Another fundamental principle is the ability for an individual to go to court when his or her rights are violated. An open courthouse door is fundamental to our democracy. Yet Judge Alito's record is troubling. In one case involving race discrimination, a woman sued her employer for racial discrimination. Yet Judge Alito argued that the woman shouldn't be allowed to present her case to the jury. The majority disagreed with Alito and allowed the woman to have her trial. In fact, the majority stated if they had applied Alito's analysis Title VII of the Civil Rights Act would have been eviscerated.

There are many other cases in the area of civil rights and race relations I find troubling, that show Judge Alito is not a moderate or a mainstream judge as he seem to suggest he was at the hearings.

Then there is this issue of unchecked Executive power. The Supreme Court is the critical check on the other branches of government by making sure that the checks and balances in the Constitution are maintained. Increasing Presidential power has been a hallmark of this administration--not just the recent discovery about spying on Americans without warrants but also secret meetings with energy company CEOs, preventing disclosure of how executive decisions are made and so on.

When asked about whether or not this President could ignore laws passed by Congress, Alito would only say no one is above the law. That was not an answer--that is an empty slogan. We want to know how he would interpret the scope of executive branch power.

During his time on the bench, Judge Alito has been very deferential to the executive branch. His answers suggest he will continue to be. We need a member of the Supreme Court who is part of the Court and not part of the executive branch. We can't afford to have the Supreme Court duck its responsibility to check the executive branch.

So I am troubled about his position. We are at a benchmark in our society and this is the time when we have to be very clear on the executive powers and prerogatives.

Then there is the right to privacy. In the area of the constitutionally protected right of privacy, it is unclear what Judge Alito believes the Constitution protects. Again, I go back to the statements he made when he applied to work in the Reagan administration. He was 35 years old, so he wasn't some kid who wasn't sure about himself. He was exploring big theories and big ideas. He was 35 years old. He was applying for a job at the Justice Department. You have to be a pretty experienced professional to even think you are qualified to apply for a job at the Justice Department. He was seasoned, and he was experienced, but he also wrote in that application that he was proud he would have argued that the Constitution does not protect the right to an abortion.

Let me say these are his words, not Senator Mikulski's. Not only did he take the position to eliminate the rights in Roe v. Wade, he thought it was important that he emphasized it in his job application.

Now at the hearings he presents a different view. The key question for Judge Alito on the constitutionally protected right to privacy was whether he considered Roe to be settled law.

Judge Roberts at his confirmation hearing said he believed Roe was settled law. Repeatedly, Alito was also asked at the hearings if he considered Roe to be settled law and if he agreed with Judge Roberts. Alito refused to say. He repeatedly refused to answer how he would protect the fundamental and explicit right of privacy--implicit right of privacy--in our Constitution. He himself refused to clarify his previous dismissal of Roe v. Wade.

He refused to clarify also his position on why a woman should have to notify her husband in order to get an abortion, a requirement Justice O'Connor ruled was clearly unconstitutional. Nor would he elaborate on what the right of privacy actually includes over and above reproductive rights.

What does it mean in general? Our Constitution is a living and breathing document. Twenty years ago when we talked about the rights of privacy, we didn't know about the Internet, we didn't know about data mining, we didn't know about the fact that we would have to have a national debate on national security and the right to privacy. Was it overreaching? When does the U.S. Government become the Grim Reaper, or what do they need to do to protect us? These are real issues. They require real debate. They require independence in the judiciary to help set the boundaries and the parameters on what other branches of government can and can't do.

Don't you as a citizen want to be protected, when going to a library to borrow a book, from somebody snooping on you? If a citizen checks out a paper or a book because you want to know what the enemies of the United States think about our way of life or philosophy, for example, you check out books like ``Mein Kampf'' or ``Das Kapital'' because you want to know what our enemies thought, so you could be prepared to refute them with your own ideas on democracy, you don't want the government spying on you. Yet, what happens if something gets triggered and something is sent over to the peepers at a Government agency about what you are reading.

Sure, we have to look out for terrorists, but should every book checked out of a library trigger the government spying on you? Do you want them listening while you talk to your girlfriend? Do you want them monitoring you and what church you go to?

These are big questions we are facing as a nation. We need to have mindful judges who help set the appropriate parameters to protect citizens against the predators in our society, to be sure our Government itself does not become a predator on the ordinary citizen's privacy. These are big issues.

So we are left to ask, Where was Alito on the right to privacy? We do not know. His answers and non-answers clearly suggest that he will not protect this fundamental right. Issue after issue leaves me with great concern.

One last area of concern I want to talk about is Judge Alito's apparent predisposition to rule against ordinary Americans. I look at the seat Judge Alito has been nominated to replace. It is a seat of moderation. Justice O'Connor represented mainstream America. She understood as a justice for the highest court in the land that her decisions impacted real people and their lives. Her decisions were not made in the abstract. Judge Alito has stated he looks at the facts of each case. Yet time and time again his decisions show support for big business, for the executive branch but not so much for everyday Americans. A justice of the Supreme Court must be able see through abstractions and understand the role of the law in the lives of all Americans not just the powerful and influential. A justice must make the marble motto over the Supreme Court ``Equal Justice Under the Law'' a reality for all Americans. That is also an important role for every Supreme Court justice. Judge Alito's opinions, writings and answers suggest to me that he does not understand this role either.

I have given careful consideration to this nomination. I have carefully watched the Judiciary Committee hearings. I may not be a member of the Judiciary Committee, but I have paid close attention to the hearings and watched them on C-SPAN. I went over his past writings, his decisions as a judge and the testimony of others.

In the end, I have too many doubts about what Judge Alito will mean on the Supreme Court, what he will mean for civil rights, our civil liberties, checks and balances on executive power, caused by what he said--and even more by what he refused to say. I am concerned he is out of the mainstream, that he is willing to say what he needs to say to get a job, that he is an ideologue and that his personal views will influence his decisions. It is not acceptable that Judge Alito has explained that he either forgot why he wrote something or that his early writings were simply for a job application. What he believes is what he is. It will shape the Supreme Court for the next 20 years.

After careful review of the record before the Senate, I have too many doubts, too many unanswered questions. Doubts about his commitment to providing access to courts for Americans, ensuring appropriate checks and balances among the three branches of government and the fundamental right to privacy. The Supreme Court nomination is too important a decision to roll the dice; I am afraid I will come up with snake eyes. Therefore, when my name is called in the United States Senate for his nomination, I will vote no.

I suggest the absence of a quorum.

Mr. President, the spending cut bill before us is shameful. I have always said that it is my job to look out for the day- to-day needs of Marylanders and the long-term needs of the Nation. I am sorry to say this bill does neither. In the holiday season, this bill makes draconian spending cuts in critically important programs. This is not done for balancing the budget, which I support. It is done to pay for more tax cuts to the superwealthy.

These spending cuts don't only hurt hard-working Americans. They chip

away at the very foundation of the American dream and do so at the worst possible time. For example, we face unprecedented challenges from increased global competition. Our country has always had the ability to rise above these challenges because of America's incredible capacity to innovate. It is our responsibility to empower Americans to innovate. Unfortunately, this bill represents the wrong priorities for this country, not those held by the vast majority of Americans.

Nowhere do individual and national priorities more closely converge than funding for education. Education has always been our country's greatest engine for climbing the ladder of opportunity. It is also the greatest engine for our national aspiration: that each generation will have a better life than the one that came before. International trade and outsourcing have already shuttered several of our industries and threaten to do the same to others. Other countries are investing heavily to train and educate their people. They are manufacturing products less expensively than could be done here at home, often due to their weak labor and environmental protections. That is why we must preserve America's remarkable lead in the amazing race to innovate. To do this, we must realize that innovation starts with a well-educated population.

Unfortunately, this bill makes the biggest cuts to student loan programs in history. For the fourth year in a row, the maximum Pell grant will remain the same. And while Pell grants stagnate, interest rates for student loans will increase. Republicans have also made it more difficult for students to consolidate their loans so that they will end up paying more for college. So not only is there less student aid available but this bill actually makes it tougher to qualify for need-based aid so that it will only go to a small group of students, decreasing the number of low-income people who are eligible to receive aid. It also gives private lenders and banks an unfair advantage over more cost efficient Federal loan programs, which increases costs for taxpayers.

These cuts couldn't come at a worse time. College tuition is on the rise and financial aid isn't keeping up. Pell grants cover only 40 percent of average costs at a 4-year public college. Twenty years ago, they covered 80 percent. Our students are graduating with so much debt it is like their first mortgage. College is part of the American dream; it shouldn't be part of the American financial nightmare. Families are looking for help. And I am sad to say the Republicans don't offer them much hope. This bill has all the wrong priorities. Instead of easing the burden on middle-class families and increasing student aid for all students, they want to help out big business cronies with lavish tax breaks.

We need to do more to help middle-class families afford college. We need to increase the maximum Pell grant to $4,500 and double it over the next 6 years. We need to make sure student loans are affordable. And we need a bigger tuition tax credit for the families in the middle who aren't eligible for Pell grants but still can't afford college.

My family believed in the American dream. They believed there is no barrier to having hopes. Through hard work and sacrifice, everyone should be able to pursue a higher education. But belief in the American dream is shrinking. There is not a dream deficit, there is a wallet deficit. There is not a talent deficit, there is an opportunity deficit. And at a time when the opportunity ladder is already creaky and shaky, the Republicans are trying to tear down this ladder by making massive cuts to student aid. Sadly, this will cripple our Nation's ability to innovate and compete in the global market.

Those aren't the only bad things in this bill. It also slashes health care. I believe that every American should have the right to affordable health care, especially as they get old and need it the most. Unfortunately, this conference report cuts a net $6.9 billion in existing Medicaid spending. This will force beneficiaries to pay higher premiums and receive less health care coverage.

I am particularly alarmed by the bill's changes to eligibility for long-term care coverage for elderly Americans needing care. This bill would require the government to look back at a senior's assets for the past 5 years and consider the value of their home to be eligible for long-term care. This is unfair. We should be supporting our elders, not punishing them.

And that is not all. As temperatures drop and heating prices rise, this bill will literally leave Marylanders and Americans in the cold. Oil companies are now making record profits. Republicans beat back each of our attempts to eliminate tax giveaways to these same companies. Now energy prices are soaring and the bill falls $1.3 billion short in funding the Low-Income Home Energy Assistance Program. LIHEAP helps hard-working Americans afford to stay warm. But it won't have enough funds to do this next year.

The reconciliation bill also suspends important Federal housing programs that preserve affordable housing. Republicans are prioritizing additional tax cuts for the superwealthy by killing a program to preserve affordable housing for working families. They too will be left out in the cold. The Millennium Housing Commission cited a lack of affordable housing as the primary cause of homelessness. So here again, the spending cut bill serves to squash our aspirations.

When many of our families first moved to the United States, they were drawn to the promise of a better life--the ``American dream.'' They could aspire to a better life for themselves, their families, and their kids. They knew that hard work could make that dream a reality. For many generations, this country allowed each generation to be better off than the one before it. If we follow the course laid out before us today, our children are not going to be able to say the same thing.

Mr. President, America can do better. We must look out for both the day-to-day needs of those who have elected us and also the Nation's long-term interests. This bill does neither. I strongly oppose this bill and urge my colleagues to do the same.

Mr. President, I rise today to pay tribute to a great Senator and the Governor-elect of New Jersey, Jon Corzine. While Senator Corzine has only been in the Senate for 5 short years, he has made an indelible mark on our Nation and on his Senate colleagues, myself included. I have had the opportunity and pleasure of serving with Senator Corzine on the Senate Intelligence Committee, seeing firsthand his patriotism, his dedication to our Nation, and his work ethic.

Senator Corzine has been an invaluable resource here in the Senate, especially as we confronted the corporate scandals of recent years. With his expertise as the former CEO and chairman of Goldman Sachs, we looked to Senator Corzine during the reform process. He stepped up to the challenge, helping push through sweeping changes in our Nation's corporate governance. I know that he is proud of this accomplishment, and our Nation is better for his efforts.

While Senators come to Washington to represent their States, their actions have consequences for every American citizen. America has been well served by having Jon Corzine in the Senate and I know that the citizens of New Jersey could not have chosen a better man to serve as their Governor. He will bring not only his work ethic and intellect, but a unique blend of Government and corporate experience to bear on the challenges facing New Jersey.

I have been proud to call Senator Corzine my colleague, and I congratulate him on his election. I also want to wish him luck on the new responsibilities he takes on and the new challenges he will face. Senator Corzine, you will be missed.

Mr. President, I ask unanimous consent the order for the quorum call be rescinded.

Thank you, Mr. President.

(The remarks of Ms. Mikulski pertaining to the introduction of S. 2097 are located in today's Record under ``Statements on Introduced Bills and Joint Resolutions.'')

Madam President, I suggest the absence of a quorum.

Mr. President, I am here today to talk about a bill I will be introducing that rights a wrong and corrects a terrible injustice. I am introducing legislation called the Kendell Frederick Citizenship Assistance Act of 2005. This is legislation was inspired by a young man from the State of Maryland, who was in the Army, had a green card, was serving this country, though not a citizen, and was killed while serving in Iraq. He was killed by a roadside bomb on his way to be fingerprinted, on his way to become a U.S. citizen. He died on his way to become a U.S. citizen because of the failed and flawed information he was given by our immigration system.

He was a terrific young man, who came to this country when he was fifteen from Trinidad. He joined his mother here in the U.S. and wanted so much to be part of this country. He wanted to serve this country and so he joined the ROTC when he was in high school. In fact, Randallstown High School has one of the best high school ROTCs programs that Maryland has. After graduation, he then joined the Army and off he went to train to serve this country.

He was killed by the botched bureaucracy of the U.S. Government, by their incompetence, by their indifference, by their ineptitude; and this is absolutely inexcusable. Every military death in Iraq is a tragedy, but this one did not need to happen. I am going to tell you a little bit about him and then tell you what happened.

As I said, he graduated from high school and he decided to join the Army with hopes that he would go back to school. In the Army he was a generator mechanic assigned to a heavy combat battalion. His job was to keep that battalion running. All he wanted was to do a good job, help his buddies stay alive, stay alive himself, defend what we were doing in Iraq and, along the way, become an American citizen and come back home and resume his life. He had been trying to become an American citizen for a while. He started working on it when he joined the Army.

Mr. President, because I know of your keen interest in national security, I understand that you know when you join the Army you are fingerprinted and a background check is run. We just don't let anybody join the United States Army. You can't get in if you are a drug dealer, if you have an extensive criminal record or if you would be a threat to the security of the United States. You can't get in if there is even a hint that you might be connected to a terrorist organization. So Kendell Frederick was accepted into the Army after all these security checks were run and his background was vetted. Then he sent in his citizenship application but, guess what, he checked the wrong box. What did that mean? Here he was, training for war, packing up to go to Iraq, saying goodbye to his mom, his brother and two sisters and in the middle of this he checked the wrong box saying that he was not in the military. So his application was derailed, not once but three different times.

The first time was after his mother checked the correct box saying that Kendell was in the military. Immigration sent the application to the wrong office, not the one that handles military applications that is on a fast track but the general one where all the applications are all stacked up. Second, Immigration rejected the fingerprints that were sent from the military. There was no explanation. His mother did not know why the fingerprints had been rejected. He had sent in the paperwork from Iraq. As I said, Kendell had already been fingerprinted, had already had his background vetted when he joined the military. So here was a guy who had been fingerprinted and cleared to join the military. The Army had said, you are OK, Kendell. He had an FBI background check run. The FBI said you are OK, Kendell. The Army wants somebody like you. But when he tried to get through Immigration, they said no, the fingerprints he had taken when he joined the military and even the fingerprints he sent into immigration were not enough.

Finally, when his mother called this 1-800 Immigration number--you try to call that number--she got no help. It is like trying to make a call from the Superdome in the middle of Katrina. You are not going to get help going to get the right answer. His mother called that number. They told his mother that he had to return from Baghdad and go to Baltimore to get his fingerprints. His mother got on the phone again, because he can't call from Baghdad--he is being shot at, he is trying to defend himself and the troops of the United States of America--so he was a little busy, couldn't afford to get a busy signal from Immigration.

When his mother called and said, ``My boy is in Baghdad,'' Immigration at the 800 number told her, there was nothing they could do. They didn't even know their own rules. They didn't know their own system. They didn't know their own laws. Immigration was wrong. They gave his mother the wrong information.

So here is Kendell, still keeping in touch, still trying to do his job, trying to get his fingerprints taken to become a U.S. citizen. Finally, there was an arrangement made. His staff sergeant came to his rescue and made arrangements for him to be fingerprinted at a nearby air base so he could complete this application. On October 19, with the help of his staff sergeant, he was traveling in a convoy to get his fingerprints. He didn't usually go in convoys, but that day he was on that convoy to get his fingerprints to become an American citizen--to compensate for the botched mistakes of Immigration--and on his way a roadside bomb killed him.

They told his mother that immigration would give Kendell U.S. citizenship. They granted his citizenship a week after he died. He was buried at Arlington, as he should have been. He was trying to do the right thing, yet he was given the wrong information.

As I said, his staff sergeant tried to help him, his mother tried to help him, but the system, the immigration system, failed him time and time again.

When I called his mother--and I try to call all the families of our military from Maryland who die; some I reach, some I do not--I spoke to his mother. She said to me that she did not want another mother to go through what she went through, to go through what her son went through. Service members and their moms and dads should not be worrying about what box to check, where the fingerprints are, et cetera. She said Immigration should know their own rules. When we explained to her the rules of Immigration, that he should have been fast tracked, that these fingerprints should have been OK, that he did not have to pay a $400 fee, she said, ``Nobody told me that.'' Every time I called, I got different information.

I am introducing legislation today to prevent this from happening again. His mother asked me to introduce legislation, and she asked me to call it the

Kendell Frederick law. I am doing that today, and over in the House Congressman Elijah Cummings is doing the same thing. We made this promise when we stood in the church, a small, humble church in an African-American community in Baltimore. We made this pledge to his mother that we would do this for her and we are here today to do just that.

The legislation I am introducing today makes it easier for military servicemembers to become citizens. The provisions cut through the redtape. It requires Immigration to use the fingerprints the military takes when the person enlists in the military.

It requires the creation of a military citizen advocate to inform the servicemembers about the citizenship process and help with the application.

It also means they won't leave boot camp unless they are absolutely apprised of all of the rules and all of the regulations about how to apply to become a U.S. citizen.

The very process they have to go through to join the military, fingerprinting and FBI background check, should be good enough. Because you see, deep down inside, we believe that if you are good enough to fight for this country, you are good enough to become a citizen of this country.

There is a pileup of 3,000 people with green cards fighting in our military today who have applied to become American citizens. You should not have to be standing in that kind of line. We are not saying let anyone become a U.S. citizen, but these are men and women who joined the military and fighting for this country. They have a green card, they have been fingerprinted, and they have passed an FBI check. Why do they have to go through it all over again?

We are passing a law that would stop this needless bureaucracy, and we are establishing a special 800 number for our military and their families.

We talk a lot about standing up for our troops, and we certainly should stand up for our troops. This means we should stand up for them and enable them to follow their dreams. They are certainly standing up for us.

Today, we introduced the Kendell Frederick bill to make sure that anyone in the military who wants to be a U.S. citizen, who has a green card, and who passed the fingerprint checks will be able to do so quickly and easily. If they are willing to fight for America and die for America, they should be able to become an American citizen.

I will be circulating a ``Dear Colleague'' to my colleagues to join it. I hope we can pass this legislation on a bipartisan basis so that as men and women such as Kendell Frederick fight for freedom, we ensure that their memory is not in vain.

I thank the Chair.

Mr. President, I am here today to talk about a bill I will be introducing that rights a wrong and corrects a terrible injustice. I am introducing legislation called the Kendell Frederick Citizenship Assistance Act of 2005. This is legislation was inspired by a young man from the State of Maryland, who was in the Army, had a green card, was serving this country, though not a citizen, and was killed while serving in Iraq. He was killed by a roadside bomb on his way to be fingerprinted, on his way to become a U.S. citizen. He died on his way to become a U.S. citizen because of the failed and flawed information he was given by our immigration system.

He was a terrific young man, who came to this country when he was fifteen from Trinidad. He joined his mother here in the U.S. and wanted so much to be part of this country. He wanted to serve this country and so he joined the ROTC when he was in high school. In fact, Randallstown High School has one of the best high school ROTCs programs that Maryland has. After graduation, he then joined the Army and off he went to train to serve this country.

He was killed by the botched bureaucracy of the U.S. Government, by their incompetence, by their indifference, by their ineptitude; and this is absolutely inexcusable. Every military death in Iraq is a tragedy, but this one did not need to happen. I am going to tell you a little bit about him and then tell you what happened.

As I said, he graduated from high school and he decided to join the Army with hopes that he would go back to school. In the Army he was a generator mechanic assigned to a heavy combat battalion. His job was to keep that battalion running. All he wanted was to do a good job, help his buddies stay alive, stay alive himself, defend what we were doing in Iraq and, along the way, become an American citizen and come back home and resume his life. He had been trying to become an American citizen for a while. He started working on it when he joined the Army.

Mr. President, because I know of your keen interest in national security, I understand that you know when you join the Army you are fingerprinted and a background check is run. We just don't let anybody join the United States Army. You can't get in if you are a drug dealer, if you have an extensive criminal record or if you would be a threat to the security of the United States. You can't get in if there is even a hint that you might be connected to a terrorist organization. So Kendell Frederick was accepted into the Army after all these security checks were run and his background was vetted. Then he sent in his citizenship application but, guess what, he checked the wrong box. What did that mean? Here he was, training for war, packing up to go to Iraq, saying goodbye to his mom, his brother and two sisters and in the middle of this he checked the wrong box saying that he was not in the military. So his application was derailed, not once but three different times.

The first time was after his mother checked the correct box saying that Kendell was in the military. Immigration sent the application to the wrong office, not the one that handles military applications that is on a fast track but the general one where all the applications are all stacked up. Second, Immigration rejected the fingerprints that were sent from the military. There was no explanation. His mother did not know why the fingerprints had been rejected. He had sent in the paperwork from Iraq. As I said, Kendell had already been fingerprinted, had already had his background vetted when he joined the military. So here was a guy who had been fingerprinted and cleared to join the military. The Army had said, you are OK, Kendell. He had an FBI background check run. The FBI said you are OK, Kendell. The Army wants somebody like you. But when he tried to get through Immigration, they said no, the fingerprints he had taken when he joined the military and even the fingerprints he sent into immigration were not enough.

Finally, when his mother called this 1-800 Immigration number--you try to call that number--she got no help. It is like trying to make a call from the Superdome in the middle of Katrina. You are not going to get help going to get the right answer. His mother called that number. They told his mother that he had to return from Baghdad and go to Baltimore to get his fingerprints. His mother got on the phone again, because he can't call from Baghdad--he is being shot at, he is trying to defend himself and the troops of the United States of America--so he was a little busy, couldn't afford to get a busy signal from Immigration.

When his mother called and said, ``My boy is in Baghdad,'' Immigration at the 800 number told her, there was nothing they could do. They didn't even know their own rules. They didn't know their own system. They didn't know their own laws. Immigration was wrong. They gave his mother the wrong information.

So here is Kendell, still keeping in touch, still trying to do his job, trying to get his fingerprints taken to become a U.S. citizen. Finally, there was an arrangement made. His staff sergeant came to his rescue and made arrangements for him to be fingerprinted at a nearby air base so he could complete this application. On October 19, with the help of his staff sergeant, he was traveling in a convoy to get his fingerprints. He didn't usually go in convoys, but that day he was on that convoy to get his fingerprints to become an American citizen--to compensate for the botched mistakes of Immigration--and on his way a roadside bomb killed him.

They told his mother that immigration would give Kendell U.S. citizenship. They granted his citizenship a week after he died. He was buried at Arlington, as he should have been. He was trying to do the right thing, yet he was given the wrong information.

As I said, his staff sergeant tried to help him, his mother tried to help him, but the system, the immigration system, failed him time and time again.

When I called his mother--and I try to call all the families of our military from Maryland who die; some I reach, some I do not--I spoke to his mother. She said to me that she did not want another mother to go through what she went through, to go through what her son went through. Service members and their moms and dads should not be worrying about what box to check, where the fingerprints are, et cetera. She said Immigration should know their own rules. When we explained to her the rules of Immigration, that he should have been fast tracked, that these fingerprints should have been OK, that he did not have to pay a $400 fee, she said, ``Nobody told me that.'' Every time I called, I got different information.

I am introducing legislation today to prevent this from happening again. His mother asked me to introduce legislation, and she asked me to call it the

Kendell Frederick law. I am doing that today, and over in the House Congressman Elijah Cummings is doing the same thing. We made this promise when we stood in the church, a small, humble church in an African-American community in Baltimore. We made this pledge to his mother that we would do this for her and we are here today to do just that.

The legislation I am introducing today makes it easier for military servicemembers to become citizens. The provisions cut through the redtape. It requires Immigration to use the fingerprints the military takes when the person enlists in the military.

It requires the creation of a military citizen advocate to inform the servicemembers about the citizenship process and help with the application.

It also means they won't leave boot camp unless they are absolutely apprised of all of the rules and all of the regulations about how to apply to become a U.S. citizen.

The very process they have to go through to join the military, fingerprinting and FBI background check, should be good enough. Because you see, deep down inside, we believe that if you are good enough to fight for this country, you are good enough to become a citizen of this country.

There is a pileup of 3,000 people with green cards fighting in our military today who have applied to become American citizens. You should not have to be standing in that kind of line. We are not saying let anyone become a U.S. citizen, but these are men and women who joined the military and fighting for this country. They have a green card, they have been fingerprinted, and they have passed an FBI check. Why do they have to go through it all over again?

We are passing a law that would stop this needless bureaucracy, and we are establishing a special 800 number for our military and their families.

We talk a lot about standing up for our troops, and we certainly should stand up for our troops. This means we should stand up for them and enable them to follow their dreams. They are certainly standing up for us.

Today, we introduced the Kendell Frederick bill to make sure that anyone in the military who wants to be a U.S. citizen, who has a green card, and who passed the fingerprint checks will be able to do so quickly and easily. If they are willing to fight for America and die for America, they should be able to become an American citizen.

I will be circulating a ``Dear Colleague'' to my colleagues to join it. I hope we can pass this legislation on a bipartisan basis so that as men and women such as Kendell Frederick fight for freedom, we ensure that their memory is not in vain.

I thank the Chair.

Mr. President, earlier this week the Senate passed the conference report accompanying H.R. 2862, the Science, State, Justice and Commerce Appropriations Act for fiscal year 2006.

As the ranking member on the Appropriations Subcommittee on Commerce, Justice, and Science, I rise today to explain how this legislation is critical to spurring economic innovation in our Nation and how the bill protects communities and saves lives and livelihoods.

I believe this appropriations bill is an important step in making our country more competitive in the global economy. The future of our economic security as well as our national security will depend upon our ability to innovate. This bill is a major Federal investment in innovation through science and technology, and it will help make America stronger by investing in our future.

Innovation begins with basic research. H.R. 2862 funds the National Science Foundation, NSF, at $5.6 billion, a $180 million increase over last year.

The key to innovation is investing in basic research in the physical sciences- biology, chemistry, physics and the cutting edge interdisciplinary initiatives in nanotechnology, biotechnology and information technology. The National Academy of Sciences, the Council on Competitiveness, and numerous other organizations have all called for a substantial increase in our investment in basic scientific research. This bill makes a downpayment on that investment.

The technology of tomorrow will create the jobs of tomorrow. But if we don't invest in research, the technology and the jobs will go overseas.

But it is not just about investing in research, we also have to invest in education. This bill preserves funding for graduate student stipends at $30,000 per year. NSF funds critical programs to improve the teaching of math and science and to improve science and math curriculum in our schools. We must increase the number of math and science teachers as well as the number of math and science students.

In addition, government and the private sector must work together to spur innovation in our economy. That is where the National Institute of Standards and Technology, NIST, comes into play. NIST invests in new technologies that lead to new breakthroughs that create jobs to make our nation more competitive. NIST also sets industry standards so that American business can be competitive abroad. H.R. 2862 funds NIST at $761 million, a $62 million increase over last year.

This legislation also funds other important agencies that are on the cutting edge of science and technology that can save lives and communities.

The National Oceanic and Atmospheric Administration, NOAA, is responsible for the National Weather Service as well as critical research into oceans, fisheries and the Earth's atmosphere.

For NOAA, we have provided $3.9 billion, a $20 million increase over last year. Whether it is warning us about severe weather so we can secure our property and get out of harm's way, or helping to restore our fisheries that are so critical to our economy, NOAA saves lives and communities every day.

In space, this appropriations bill fully funds the National Aeronautics and Space Administration, NASA, and the cutting edge scientific and technological research that only NASA can do.

For NASA, we have provided $16.4 billion, which is a $260 million increase over last year. This includes $271 million for the Hubble Space Telescope, $50 million over the President's budget request to accommodate a servicing mission to Hubble, should the Administrator determine that the space shuttle is safe to use.

The servicing of Hubble will involve replacing batteries, gyroscopes and installing new scientific instruments to make Hubble more powerful than ever. Hubble is the very symbol of innovation and discovery that are hallmarks of America's space program.

We continue our investment in the Mars program and fully fund the next generation of launch vehicles to replace the space shuttle.

All major science programs are funded at the President's request level or higher including the Living With A Star program which is crucial to understanding the Sun's effects on the Earth.

While NSF, NOAA, NIST and NASA are all integral to our nation's ability to innovate, along with our other federal agencies, it is the private sector that is responsible for most of the innovation that drives our economy.

The Patent and Trademark Office, PTO, plays a central role in protecting our nation's valuable intellectual property. The PTO has a backlog of applications waiting to be processed. H.R. 2862 funds the PTO at a record $1.7 billion, a 30 percent increase over last year.

This record increase will go a long way towards helping the PTO reduce the backlog of patent applications so we can properly protect our intellectual property and maintain our competitiveness.

But as we invest in our future, this legislation also takes care of our day-to-day needs especially when it comes to protecting our neighborhoods and communities

In making our country safer, the Department of Justice is our front line. This bill provides $21 billion to the Justice Department, $800 million more than last year. The Justice Department accounts for almost 50% of the entire bill. This includes funding for the FBI, DEA, ATF, U.S. Marshals, U.S Attorneys as well as the Federal Prison System.

The Justice Department provides assistance to our state and local law enforcement and help communities fight gang violence. It also protects us from terrorists and protects our neighborhoods and communities. Specifically, the FBI will receive $5.7 billion in 2006,

a $500 million increase over last year. Most of this increase has been devoted to counterterrorism.

H.R. 2862 also increases funding to fight sexual predators who prey upon our children. The bill provides $48 million to continue and expand the Missing and Exploited Children Program. It also funds a Cyber- Tipline, an online resource where people can report leads and tips about child sexual exploitation.

Finally, the bill provides $2.7 million for the FBI's innocent images program to investigate and capture child pornographers who use the Internet to prey on children.

In addition to sexual predators, gangs are becoming a growing local, regional, and national problem. We have provided increases to the ATF, U.S Attorneys and the FBI to help fight against gangs in our schools and communities.

Any anti-gang strategy must focus on three principles: prevention, intervention and suppression. In my own State of Maryland, in Montgomery and Prince George's Counties, and around the State, gangs are a growing problem.

This bill provides $2 million for Montgomery and Prince George's Counties to deal with gang violence and fund prevention programs. It also provides another $2 million to combat gang violence and gang prevention programs around the State of Maryland. The purpose of this funding is to bring federal resources to the local level to help stop and prevent further gang violence from afflicting our neighborhoods and communities.

Mr. President, the President's budget cut state and local law enforcement by $1.4 billion. We were able to restore $1.1 billion of that cut in this bill.

I know how important our local police are to fighting crime and gangs. Our local police are the first responders. If we were not subjected to strict limits on spending that were imposed on us by the Budget Resolution, we would have provided additional funding for state and local law enforcement.

But with the need to increase funding for counterterrorism and counterintelligence, plus the need to address the growing problems of both methamphetamine abuse and regional and even international gang violence, we had to make difficult choices, under very difficult circumstances.

Mr. President, the Science, State, Justice, and Commerce Appropriations bill is about investing in science and technology to spur innovation in our economy, protecting our Nation, and saving communities, lives, and livelihoods.

Investments in innovation are critical so America will retain its competitiveness as well as its economic and national security. Through the Department of Justice and its major law enforcement bureaus, we are increasing our commitment to protecting children from sexual predators and making our neighborhoods and communities safer from gang violence and street crime.

I look forward to working with my colleagues next year to continue the progress we have made and increase our commitment to innovation, science and technology.